[House Report 106-343]
[From the U.S. Government Publishing Office]
106th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 106-343
======================================================================
OLDER AMERICANS AMENDMENTS OF 1999
_______
September 28, 1999.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Goodling, from the Committee on Education and the Workforce,
submitted the following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany H.R. 782]
[Including cost estimate of the Congressional Budget Office]
The Committee on Education and the Workforce, to whom was
referred the bill (H.R. 782) to amend the Older Americans Act
of 1965 to authorize appropriations for fiscal years 2000
through 2003, having considered the same, report favorably
thereon with amendments and recommend that the bill as amended
do pass.
The amendments are as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Older Americans Amendments of 1999''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of the Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Amendment to the Older Americans Act of 1965.
Sec. 4. Conforming amendments.
Sec. 5. Fiscal year references for fiscal year 2000.
Sec. 6. Issuance of rules.
Sec. 7. Effective dates.
SEC. 3. AMENDMENT TO THE OLDER AMERICANS ACT OF 1965.
The Older Americans Act of 1965 (42 U.S.C. 3001 et seq.) is amended
to read as follows:
``SECTION 1. SHORT TITLE.
``This Act may be cited as the `Older Americans Act of 1999'.
``SEC. 2. TABLE OF CONTENTS.
``The table of contents of this Act is as follows:
``Sec. 1. Short title.
``Sec. 2. Table of contents.
``TITLE I--GENERAL PROVISIONS
``Subtitle A--Statement of Purpose; Definitions
``Sec. 101. Purpose.
``Sec. 102. Definitions.
``Subtitle B--Administration
``Sec. 111. Establishment of Administration on Aging.
``Sec. 112. Duties of Assistant Secretary.
``Sec. 113. Federal agency consultation.
``Sec. 114. Powers of the Assistant Secretary.
``Sec. 115. Misuse of funds by providers.
``Sec. 116. Evaluations.
``Sec. 117. Reports.
``Sec. 118. Reduction of paperwork.
``Sec. 119. Surplus property eligibility.
``Sec. 120. Benefit treatment under other laws.
``Sec. 121. Authorization of appropriations.
``TITLE II--GRANTS FOR NATIVE AMERICAN PROGRAMS ON AGING
``Sec. 201. Grants for services to native americans.
``Sec. 202. Applications for grants.
``Sec. 203. Distribution of funds among tribal organizations, alaska
native organizations, and organizations serving native hawaiians.
``Sec. 204. Surplus educational facilities.
``Sec. 205. Administration.
``Sec. 206. Payments.
``Sec. 207. Authorization of appropriations.
``TITLE III--GRANTS FOR STATE AND COMMUNITY PROGRAMS ON AGING
``Subtitle A--Grants for Programs on Aging
``Chapter 1--General Provisions
``Sec. 301. Technical assistance and cooperation.
``Sec. 302. Allotments; Federal share.
``Sec. 303. Eligibility of States; organization.
``Sec. 304. State plans.
``Sec. 305. Area plans.
``Sec. 306. Planning, coordination, evaluation, and administration of
State plans.
``Sec. 307. Payments.
``Chapter 2--Supportive Services and Multipurpose Senior Centers
``Sec. 321. Program authorized.
``Chapter 3--Nutrition Services
``Part I--Congregate Nutrition Services
``Sec. 331. Program authorized.
``Part II--Home Delivered Nutrition Services
``Sec. 334. Program authorized.
``Part III--Additional Requirements
``Sec. 337. Nutrition.
``Chapter 4--Disaster Relief Reimbursements
``Sec. 341. Disaster relief reimbursements.
``Subtitle B--Disease Prevention and Health Promotion Services Program
Authorized
``Sec. 351. Program authorized.
``Sec. 352. Distribution to area agencies on aging.
``Sec. 353. Definition.
``Subtitle C--Family Caregiver Programs
``Sec. 361. Program authorized.
``Subtitle D--Authorization of Appropriations
``Sec. 391. Authorization of appropriations.
``Sec. 392. Additional funds available for nutrition services.
``TITLE IV--STATE LONG-TERM CARE OMBUDSMAN PROGRAMS; SERVICES FOR THE
PREVENTION AND REMEDIATION OF ELDER ABUSE, NEGLECT, AND EXPLOITATION
``Subtitle A--Use of Additional Allotments
``Sec. 401. Use of allotments.
``Subtitle B--State Long-Term Care Ombudsman Program
``Sec. 421. Requirements applicable to State long-term care ombudsman
program.
``Subtitle C--Prevention and Remediation of Elder Abuse, Neglect, and
Exploitation
``Sec. 441. Requirements applicable to providing services to prevent
and to remediate elder abuse, neglect, and exploitation.
``Sec. 442. Manner of providing of services.
``Subtitle D--Administrative Provisions; Authorizations of
Appropriations
``Sec. 491. Technical assistance.
``Sec. 492. Audits.
``Sec. 493. Authorizations of appropriations.
``TITLE V--COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS
``Sec. 501. Short title.
``Sec. 502. Allotment and reservation of funds for community service
employment.
``Sec. 503. Older american community service employment program.
``Sec. 504. Participants not Federal employees.
``Sec. 505. Treatment of employment assistance for purposes of Federal
housing and food stamp programs.
``Sec. 506. Authorization of appropriations.
``TITLE I--GENERAL PROVISIONS
``Subtitle A--Statement of Purpose; Definitions
``SEC. 101. PURPOSE.
``It is the purpose of this Act to encourage and assist State
agencies, area agencies on aging, and tribal organizations to
concentrate resources in order to develop greater capacity and foster
the development and implementation of comprehensive and coordinated
systems to serve older individuals by entering into cooperative
arrangements in each State for the planning and provision of supportive
services, nutrition services, multipurpose senior centers, community
service employment, and volunteer services, in order to--
``(1) secure and maintain maximum independence and dignity in
a home environment for older individuals capable of self care
with appropriate supportive services,
``(2) remove individual and social barriers to economic and
personal independence for older individuals,
``(3) provide a continuum of care for vulnerable older
individuals,
``(4) secure the opportunity for older individuals to receive
managed in-home and community-based long-term care services,
``(5) ensure that older individuals will be protected against
abuse, neglect, and exploitation, and
``(6) promote employment opportunities and community service.
``SEC. 102. DEFINITIONS.
``For the purposes of this Act:
``(1) Abuse.--The term `abuse' means (except when such term
is used in the phrase `drug and alcohol abuse') the willful--
``(A) infliction of injury, unreasonable confinement,
intimidation, or cruel punishment with resulting
physical harm, pain, or mental anguish, or
``(B) deprivation by a person, including a caregiver
and a caretaker, of goods or services that are
necessary to avoid physical harm, mental anguish, or
mental illness.
``(2) Administration.--The term `Administration' means the
Administration on Aging.
``(3) Adult child with a disability.--The term `adult child
with a disability' means a child who--
``(A) is 18 years of age or older,
``(B) is financially dependent on an older individual
who is a parent of the child, and
``(C) has a disability.
``(4) Alaska native.--The term `Alaska Native' means an
Alaska Native who is a member of an Alaska Native organization.
``(5) Alaska native organization.--The term `Alaska Native
organization' means an Alaska Native village, or an Alaskan
Native regional or village corporation, as defined in or
established pursuant to the Alaska Native Claims Settlement Act
(Public Law 92-203; 85 Stat. 688), that is recognized as
eligible for the special programs and services provided by the
United States to Alaska Natives because of their status as
Alaska Natives.
``(6) Area agency on aging.--The term `area agency on aging'
means an area agency on aging designated under section
303(a)(2)(A) or a State agency performing the functions of an
area agency on aging under section 303(a)(1)(E).
``(7) Assistant secretary.--The term `Assistant Secretary'
means the Assistant Secretary for Aging.
``(8) Assistive technology.--The term `assistive technology'
means technology, engineering methodologies, or scientific
principles appropriate to meet the needs of, and address the
barriers confronted by, older individuals with functional
limitations.
``(9) Board and care facility.--The term `board and care
facility' means an institution regulated by a State pursuant to
section 1616(e) of the Social Security Act (42 U.S.C.
1382e(e)).
``(10) Caregiver.--The term `caregiver' means a family member
or other individual who provides (on behalf of such individual
or of a public or private agency, organization, or institution)
uncompensated care to an older individual who needs supportive
services.
``(11) Caretaker.--The term `caretaker' means an individual
who has the responsibility for the care of an older individual,
either voluntarily, by contract, by receipt of payment for
care, or as a result of the operation of law.
``(12) Case management service.--The term `case management
service'--
``(A) means a service provided to an older
individual, at the direction of the older individual or
a family member of the individual--
``(i) by an individual who is trained or
experienced in the case management skills that
are required to deliver the services and
coordination described in subparagraph (B), and
``(ii) to assess the needs, and to arrange,
coordinate, and monitor an optimum package of
services to meet the needs, of the older
individual, and
``(B) includes services and coordination such as--
``(i) comprehensive assessment of the older
individual (including the physical,
psychological, and social needs of the
individual),
``(ii) development and implementation of a
service plan with the older individual to
mobilize the formal and informal resources and
services identified in the assessment to meet
the needs of the older individual, including
coordination of the resources and services--
``(I) with any other plans that exist
for various formal services, such as
hospital discharge plans, and
``(II) with the information and
assistance services provided under this
Act,
``(iii) coordination and monitoring of formal
and informal service delivery, including
coordination and monitoring to ensure that
services specified in the plan are being
provided,
``(iv) periodic reassessment and revision of
the status of the older individual with--
``(I) the older individual, or
``(II) if necessary, a primary
caregiver or family member of the older
individual, and
``(v) in accordance with the wishes of the
older individual, advocacy on behalf of the
older individual for needed services or
resources.
``(13) Child.--Except when it appears as part of the term
`adult child with a disability', the term `child' means an
individual who is less than 18 years of age.
``(14) Client assessment.--The term `client assessment'
includes providing information relating to assistive
technology.
``(15) Community services.--The term `community services'
means--
``(A) social, health, welfare, and educational
services (particularly literacy tutoring),
``(B) legal and other counseling services and
assistance, including tax counseling and assistance and
financial counseling,
``(C) library, recreational, and other similar
services,
``(D) conservation, maintenance, or restoration of
natural resources,
``(E) community betterment or beautification,
``(F) antipollution and environmental quality
efforts,
``(G) weatherization activities,
``(H) economic development, and
``(I) such other services essential and necessary to
the community as the Secretary may require by rule.
``(16) Comprehensive and coordinated system.--The term
`comprehensive and coordinated system' means a system for
providing all necessary supportive services, including
nutrition services, in a manner designed to--
``(A) facilitate accessibility to, and utilization
of, all supportive services and nutrition services
provided within the geographical area served by such
system by any public or private agency or organization,
``(B) develop and make the most efficient use of
supportive services and nutrition services in meeting
the needs of older individuals,
``(C) use available resources efficiently and with a
minimum of duplication, and
``(D) encourage and assist public and private
entities that have unrealized potential for meeting the
service needs of older individuals to assist the older
individuals on a voluntary basis.
``(17) Disability.--The term `disability' means (except when
such term is used in the phrase `severe disability',
`developmental disabilities', `physical and mental
disabilities', or `physical disabilities') a disability
attributable to mental or physical impairment, or a combination
of mental and physical impairments, that results in substantial
functional limitations in 1 or more of the following areas of
major life activity: (A) self-care, (B) receptive and
expressive language, (C) learning, (D) mobility, (E) self-
direction, (F) capacity for independent living, (G) economic
self-sufficiency, (H) cognitive functioning, and (I) emotional
adjustment.
``(18) Elder abuse.--The term `elder abuse' means abuse of an
older individual.
``(19) Elder abuse, neglect, and exploitation.--The term
`elder abuse, neglect, and exploitation' means abuse, neglect,
and exploitation, of an older individual.
``(20) Exploitation.--The term `exploitation' means the
illegal or improper act or process of an individual, including
a caregiver and a caretaker, using the resources of an older
individual for monetary or personal benefit, profit, or gain.
``(21) Family caregiver services.--The term `family caregiver
services' means services provided to an older individual by a
caregiver to assist such individual to reside in such
individual's home with appropriate supportive services,
including personal care services, homemaker services, chore
maintenance, and other services.
``(22) Focal point.--The term `focal point' means an entity
that maximizes the collocation and coordination of services for
older individuals.
``(23) Frail.--The term `frail' means, with respect to an
older individual in a State, that the older individual is
determined to be functionally impaired because the individual--
``(A)(i) is unable to perform at least two activities
of daily living without substantial human assistance,
including verbal reminding, physical cueing, or
supervision, or
``(ii) at the option of the State, is unable to
perform at least three such activities without such
assistance, or
``(B) due to a cognitive or other mental impairment,
requires substantial supervision because the individual
behaves in a manner that poses a serious health or
safety hazard to the individual or to another
individual.
``(24) Greatest economic need.--The term `greatest economic
need' means the need resulting from an income level at or below
the poverty line.
``(25) Greatest social need.--The term `greatest social need'
means the need caused by noneconomic factors that include--
``(A) physical and mental disabilities,
``(B) language barriers, and
``(C) cultural, social, or geographical isolation
caused by racial or ethnic status, that--
``(i) restricts the ability of an individual
to perform normal daily tasks, or
``(ii) threatens the capacity of the
individual to live independently.
``(26) In-home services.--The term `in-home services'
includes--
``(A) homemaker and home health aides,
``(B) visiting and telephone reassurance,
``(C) chore maintenance,
``(D) in-home respite care for families, and adult
day care as a respite service for families,
``(E) minor modification of homes that is necessary
to facilitate the ability of older individuals to
remain at home and that is not available under other
programs, but not at a cost to exceed the cost
established by the State agency,
``(F) personal care services, and
``(G) other in-home services as defined--
``(i) by the State agency in the State plan
submitted in accordance with section 304, and
``(ii) by the area agency on aging in the
area plan submitted in accordance with section
305.
``(27) Indian.--The term `Indian' means an Indian who is a
member of an Indian tribe.
``(28) Indian tribe.--The term `Indian tribe' means any
tribe, band, nation, or other organized group or community of
Indians that is--
``(A) recognized as eligible for the special programs
and services provided by the United States to Indians
because of their status as Indians, or
``(B) located on, or in proximity to, a Federal or
State reservation or rancheria,
except that subparagraph (B) shall not apply for purposes of
title II.
``(29) Information and assistance service.--The term
`information and assistance service' means a service for older
individuals that--
``(A) provides the individuals with current
information on opportunities and services available to
the individuals within their communities, including
information relating to assistive technology,
``(B) assesses the problems and capacities of the
individuals,
``(C) links the individuals to the opportunities and
services that are available,
``(D) to the maximum extent practicable, ensures that
the individuals receive the services needed by the
individuals, and are aware of the opportunities
available to the individuals, by establishing adequate
followup procedures, and
``(E) serves the entire community of older
individuals, particularly--
``(i) older individuals with greatest social
need, and
``(ii) older individuals with greatest
economic need.
``(30) Information and referral.--The term `information and
referral' includes information relating to assistive
technology.
``(31) Legal assistance.--The term `legal assistance'--
``(A) means legal advice and representation provided
by an attorney to older individuals with economic or
social needs, and
``(B) includes--
``(i) to the extent feasible, counseling or
other appropriate assistance by a paralegal or
law student under the direct supervision of an
attorney, and
``(ii) counseling or representation by a
nonlawyer where permitted by law.
``(32) Long-term care facility.--The term `long-term care
facility' means--
``(A) any skilled nursing facility, as defined in
section 1819(a) of the Social Security Act (42 U.S.C.
1395i-3(a)),
``(B) any nursing facility, as defined in section
1919(a) of the Social Security Act (42 U.S.C.
1396r(a)),
``(C) for purposes of section 304(a)(8) and title IV,
a board and care facility, or
``(D) any other adult care home similar to a facility
or institution described in subparagraph (A), (B), or
(C).
``(33) Low-income.--The term `low-income' means, for purposes
of title V, income that is not more than 125 percent of the
poverty line.
``(34) Multipurpose senior center.--The term `multipurpose
senior center' means a community facility for the organization
and provision of a broad spectrum of services, which shall
include provision of health (including mental health), social,
nutritional, and educational services and the provision of
facilities for recreational activities for older individuals.
``(35) Native american.--The term `Native American' means--
``(A) an Indian,
``(B) an Alaska Native, or
``(C) a Native Hawaiian.
``(36) Native hawaiian.--The term `Native Hawaiian' means any
individual any of whose ancestors were natives of the area that
consists of the Hawaiian Islands prior to 1778,
``(37) Neglect.--The term `neglect' means--
``(A) the failure to provide for oneself the goods or
services that are necessary to avoid physical harm,
mental anguish, or mental illness, or
``(B) the failure of a caregiver or a caretaker to
provide the goods or services.
``(38) Nonprofit.--The term `nonprofit' as applied to any
agency, institution, or organization means an agency,
institution, or organization that is, or is owned and operated
by, one or more corporations or associations no part of the net
earnings of which inures, or may lawfully inure, to the benefit
of any private shareholder or individual.
``(39) Older individual.--The term `older individual' means--
``(A) except for purposes of title V, an individual
who is 60 years of age or older, and
``(B) for purposes of title V, an individual who is
55 years of age or older.
``(40) Physical harm.--The term `physical harm' means bodily
injury, impairment, or disease.
``(41) Planning and service area.--The term `planning and
service area' means an area designated by a State agency under
section 303(a)(1)(E), including a single planning and service
area described in section 303(b)(1)(E).
``(42) Poverty line.--The term `poverty line' means the
official poverty line (as defined by the Office of Management
and Budget, and adjusted by the Secretary in accordance with
section 673(2) of the Community Services Block Grant Act (42
U.S.C. 9902(2)).
``(43) Representative payee.--The term `representative payee'
means a person who is appointed by a governmental entity to
receive, on behalf of an older individual who is unable to
manage funds by reason of a physical or mental incapacity, any
funds owed to such individual by such entity.
``(44) Secretary.--The term `Secretary' means--
``(A) except for purposes of title V, the Secretary
of Health and Human Services, and
``(B) for purposes of title V, the Secretary of
Labor.
``(45) Severe disability.--The term `severe disability' means
a severe, chronic disability attributable to mental or physical
impairment, or a combination of mental and physical
impairments, that--
``(A) is likely to continue indefinitely, and
``(B) results in substantial functional limitation in
3 or more of the major life activities specified in
subparagraphs (A) through (G) of paragraph (17).
``(46) State.--The term `State' means any of the several
States, the District of Columbia, the Virgin Islands of the
United States, the Commonwealth of Puerto Rico, Guam, American
Samoa, or the Commonwealth of the Northern Mariana Islands.
``(47) State agency.--The term `State agency' means the
agency designated under section 303(a)(1).
``(48) Supportive service.--The term `supportive service'
means a service described in section 321(a).
``(49) Tribal organization.--The term `tribal organization'
means--
``(A) except for purposes of titles II and V--
``(i) the recognized governing body of an
Indian tribe, or
``(ii) the legally established organization
of Indians that is controlled, sanctioned, or
chartered by the governing body of an Indian
tribe,
``(B) for purposes of title II--
``(i) an entity described in clause (i) or
(ii) of subparagraph (A), or
``(ii) a legally established organization of
Indians that is democratically elected by the
adult members of the Indian community to be
served by such organization and that includes
the maximum participation of Indians in all
phases of its activities, and
``(C) for purposes of title V, a public or nonprofit
private organization that is primarily controlled by,
and comprised of, Indians or Indian tribes.
``(50) Unit of general purpose local government.--The term
`unit of general purpose local government' means--
``(A) a political subdivision of the State whose
authority is general and not limited to only one
function or combination of related functions, or
``(B) a tribal organization.
``Subtitle B--Administration
``SEC. 111. ESTABLISHMENT OF ADMINISTRATION ON AGING.
``(a) Establishment.--There is established in the Office of the
Secretary, an Administration on Aging which shall be headed by an
Assistant Secretary for Aging. This Act shall be administered through
the Administration and under the supervision of the Secretary.
``(b) Assistant Secretary.--The Assistant Secretary shall be
appointed by the President by and with the advice and consent of the
Senate.
``(c) Designation Relating to Administration of Programs Affecting
Native Americans.--The Assistant Secretary--
``(1) shall establish an Office on Native Americans within
the Administration, and
``(2) shall designate an individual in the Administration who
has expertise with respect to programs and services affecting
Native Americans, who shall be responsible, under the
supervision of the Assistant Secretary, for the administration
of title II and for coordination of other programs, projects,
and activities carried out under this Act that affect Native
Americans.
``(d) Designation Relating to the Administration of State Long-Term
Care Ombudsman Programs.--The Assistant Secretary--
``(1) shall establish an office of long-term care ombudsman
programs, and
``(2) shall designate an individual in the Administration who
shall be responsible, under the supervision of the Assistant
Secretary, for the Federal administrative activities relating
to State long-term care ombudsman programs.
``(e) Designation Relating to the Administration of Nutrition
Services.--The Assistant Secretary shall designate an individual in the
Administration who shall be responsible, under the supervision of the
Assistant Secretary, for the administration of chapter 3 of subtitle A
of title III. Such individual shall--
``(1) have expertise in nutrition and dietary services and
planning, and
``(2)(A) be a registered dietitian,
``(B) be a credentialed nutrition professional, or
``(C) have education and training that is substantially
equivalent to the education and training for a registered
dietitian or a credentialed nutrition professional.
``SEC. 112. DUTIES OF ASSISTANT SECRETARY.
``The duties of the Assistant Secretary are as follows:
``(1) Advocacy.--To serve as the effective and visible
advocate for older individuals, within the Department of Health
and Human Services and with other departments, agencies, and
instrumentalities of the Federal Government by maintaining
active review of and commenting on responsibilities of all
Federal policies affecting older individuals.
``(2) Information.--To collect and disseminate information
related to problems of older individuals and aging.
``(3) Assistance to secretary.--To directly assist the
Secretary in all matters pertaining to problems of older
individuals and aging.
``(4) Administration.--To administer the grants provided and
contracts made under this Act.
``(5) Technical assistance.--To provide technical assistance
and consultation to States, political subdivisions of States,
tribal organizations, Alaska Native organizations, and
organizations serving Native Hawaiians, with respect to
programs for older individuals and aging.
``(6) Educational materials.--To prepare, publish, and
disseminate educational materials dealing with the welfare of
older individuals.
``(7) Statistics.--To gather statistics in the field of aging
that other Federal agencies are not collecting, and to take
whatever action is necessary to achieve coordination of
activities carried out or assisted by all departments,
agencies, and instrumentalities of the Federal Government with
respect to the collection, preparation, and dissemination of
information relevant to older individuals.
``(8) Planning.--To coordinate, and to assist in, the
planning and development by public (including Federal, State,
and local agencies) and private organizations of programs for
older individuals to facilitate the establishment of a
nationwide network of comprehensive, coordinated services and
opportunities for older individuals.
``(9) Statistical data.--To collect for each fiscal year, for
fiscal years beginning after September 30, 1999, directly or by
contract, statistical data regarding programs, projects, and
activities carried out with funds provided under this Act,
including--
``(A) with respect to each type of service or
activity provided with such funds--
``(i) the aggregate amount of such funds
expended to provide such service or activity,
``(ii) the number of individuals who received
such service or activity, and
``(iii) the number of units of such service
or activity provided, and
``(B) the number of multipurpose senior centers that
received such funds.
``(10) Uniform data collection procedures.--To design and
implement, for purposes of compliance with paragraph (9),
uniform data collection procedures for use by State agencies,
including--
``(A) uniform definitions and nomenclature,
``(B) standardized data collection procedures,
``(C) procedures for collecting information on gaps
in services needed by older individuals, as identified
by service providers in assisting clients through the
provision of the supportive services, and
``(D) procedures for the assessment of the unmet need
for services under this Act.
``(11) Research.--To develop and arrange for research in the
field of aging, based on consultations with individuals and
organizations knowledgeable in the field of aging.
``(12) Information on community resources.--To establish and
operate, directly or by grant or contract, a nationwide toll-
free telephone line by which individuals may obtain information
and assistance to locate community resources that may be
available to older individuals and their caregivers.
``SEC. 113. FEDERAL AGENCY CONSULTATION.
``The Assistant Secretary, in carrying out the purpose and provisions
of this Act, shall coordinate, advise, consult with, and cooperate with
the head of each department, agency, or instrumentality of the Federal
Government proposing or administering programs or services
substantially related to the purpose of this Act, with respect to such
programs or services. The head of each department, agency, or
instrumentality of the Federal Government proposing to establish or
modify any program or service substantially related to the purpose of
this Act shall consult with and coordinate with the Assistant
Secretary.
``SEC. 114. POWERS OF THE ASSISTANT SECRETARY.
``(a) Powers.--In carrying out this Act, the Assistant Secretary
may--
``(1) provide consultative services and technical assistance
to public or nonprofit private agencies and organizations,
``(2) provide short-term training and technical instruction,
``(3) conduct research and demonstrations, and
``(4) collect, prepare, publish, and disseminate special
educational or informational materials, including reports on
programs, projects, and activities for which funds are provided
under this Act.
``(b) Technical Assistance and Cooperation.--In carrying out the
provisions of this title, the Assistant Secretary--
``(1) may request the technical assistance and cooperation of
the Department of Education, the Department of Labor, the
Department of Housing and Urban Development, the Department of
Transportation, the Office of Community Services, the
Department of Veterans Affairs, the Substance Abuse and Mental
Health Services Administration, and such other agencies and
departments of the Federal Government as may be appropriate,
and
``(2) shall encourage recipients of grants and contracts used
to provide nonemergency transportation services under this Act,
to coordinate, to the maximum extent practicable, in
metropolitan areas the design and delivery of such services
with transportation services supported by governmental entities
with financial assistance received from Federal, State, and
local governmental entities, and particularly from the
Department of Transportation.
``(c) Authority To Make Grants.--From funds appropriated under
section 121(b), the Assistant Secretary may make grants to public or
nonprofit private agencies, organizations, and institutions, and to
tribal organizations, and may enter into contracts with agencies,
organizations, institutions, and individuals for activities--
``(1) to expand the Nation's knowledge and understanding of
older individuals and the aging process,
``(2) to design, to test, and to promote utilization of
innovative ideas and best practices in programs and services
for older individuals,
``(3) to help meet the needs for trained personnel in the
field of aging,
``(4) to increase the awareness of citizens of all ages of
the need to assume personal responsibility for their own aging
through--
``(A) education and training to develop an adequately
trained workforce to work with and on behalf of older
individuals,
``(B) research and policy analysis to improve access
to and delivery of services for older individuals,
``(C) development of methods and practices to improve
quality and effectiveness of such services,
``(D) demonstration of new approaches to design,
delivery, and coordination of services and activities
for older individuals,
``(E) technical assistance in planning, development,
implementation, evaluation, and improvement of
programs, projects, and activities under this Act, and
``(F) dissemination of information on issues related
to aging, their impact on individuals and society, and
relating to services and activities benefiting older
individuals, and
``(5)(A) to foster the development and testing of new
approaches to sustaining the efforts of families and others who
provide family caregiving services, and the dissemination of
information regarding such approaches, and
``(B) to promote quality and continuous improvement in
systems of support provided to families and others who provide
family caregiving services.
``(d) Career Preparation for the Field of Aging.--
``(1) Grants.--The Assistant Secretary shall make grants to
institutions of higher education, historically Black colleges
or universities, Hispanic Centers of Excellence in Applied
Gerontology, and other educational institutions that serve the
needs of minority students, to provide education and training
to prepare students for careers in the field of aging.
``(2) Definitions.--For purposes of paragraph (1):
``(A) Hispanic center of excellence in applied
gerontology.--The term `Hispanic Center of Excellence
in Applied Gerontology' means an institution of higher
education with a program in applied gerontology that--
``(i) has a significant number of Hispanic
individuals enrolled in the program, including
individuals accepted for enrollment in the
program,
``(ii) has been effective in assisting
Hispanic students of the program to complete
the program and receive the degree involved,
``(iii) has been effective in recruiting
Hispanic individuals to attend the program,
including providing scholarships and other
financial assistance to such individuals and
encouraging Hispanic students of secondary
educational institutions to attend the program,
and
``(iv) has made significant recruitment
efforts to increase the number and placement of
Hispanic individuals serving in faculty or
administrative positions in the program.
``(B) Historically black college or university.--The
term `historically Black college or university' has the
meaning given the term `part B institution' in section
322(2) of the Higher Education Act of 1965 (20 U.S.C.
1061(2)).
``(e) Pension Rights Demonstration Projects.--
``(1) Definitions.--As used in this subsection:
``(A) Pension rights information program.--The term
`pension rights information program' means a program
described in paragraph (3).
``(B) Pension and other retirement benefits.--The
term `pension and other retirement benefits' means
private, civil service, and other public pensions and
retirement benefits, including benefits provided
under--
``(i) the Social Security program under title
II of the Social Security Act (42 U.S.C. 401 et
seq.),
``(ii) the railroad retirement program under
the Railroad Retirement Act of 1974 (45 U.S.C.
231 et seq.),
``(iii) the government retirement benefits
programs under the Civil Service Retirement
System set forth in chapter 83 of title 5,
United States Code, the Federal Employees
Retirement System set forth in chapter 84 of
title 5, United States Code, or other Federal
retirement systems, or
``(iv) the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1001 et seq.).
``(2) Establishment.--The Assistant Secretary shall establish
and carry out pension rights demonstration projects.
``(3) Pension Rights Information Programs.--
``(A) Use of funds.--In carrying out the projects
specified in paragraph (2), the Assistant Secretary
shall, to the extent appropriations are available,
award grants to 6 eligible entities to establish
programs to provide outreach, information, counseling,
referral, and assistance regarding pension and other
retirement benefits, and rights related to such
benefits.
``(B) Award of grants.--
``(i) Type of entity.--The Assistant
Secretary shall award under this subsection--
``(I) 4 grants to State agencies or
area agencies on aging, and
``(II) 2 grants to nonprofit
organizations with a proven record of
providing--
``(aa) services related to
retirement of older
individuals, or
``(bb) specific pension
rights counseling.
``(ii) Panel.--In awarding grants under this
subsection, the Assistant Secretary shall use a
citizen advisory panel that shall include
representatives of business, labor, national
senior advocates, and national pension rights
advocates.
``(iii) Criteria.--In awarding grants under
this subsection, the Assistant Secretary, in
consultation with the panel, shall use as
criteria--
``(I) evidence of commitment of an
agency or organization to carry out a
proposed pension rights information
program,
``(II) the ability of the agency or
organization to perform effective
outreach to affected populations,
particularly populations identified as
in need of special outreach, and
``(III) reliable information that the
population to be served by the agency
or organization has a demonstrable need
for the services proposed to be
provided under the program,
and shall give special consideration to
applicants that have not received a grant under
this subsection.
``(C) Application.--
``(i) In general.--To be eligible to receive
a grant under this subsection, an entity shall
submit an application to the Assistant
Secretary at such time, in such manner, and
containing such information as the Assistant
Secretary may require by rule, including, at a
minimum--
``(I) a plan for the establishment of
a pension rights information program to
serve a specific geographical area, and
``(II) an assurance that staff
members (including volunteer staff
members) have no conflict of interest
in providing the services described in
the plan.
``(ii) Plan.--The plan described in clause
(i) shall provide for a program that--
``(I) establishes a State or area
pension rights information center,
``(II) provides counseling (including
direct counseling and assistance to
individuals needing information) and
information that may assist individuals
in establishing rights to, obtaining,
and filing claims or complaints related
to, pension and other retirement
benefits,
``(III) provides information on
sources of pension and other retirement
benefits, including the benefits under
programs described in paragraph (1)(A),
``(IV) makes referrals to legal
services and other advocacy programs,
``(V) establishes a system of
referral to State, local, and Federal
departments or agencies related to
pension and other retirement benefits,
``(VI) provides a sufficient number
of staff positions (including volunteer
positions) to ensure information,
counseling, referral, and assistance
regarding pension and other retirement
benefits,
``(VII) provides training programs
for staff members, including volunteer
staff members of the programs described
in paragraph (1)(A),
``(VIII) makes recommendations to the
Administration, the Department of
Labor, another Federal entity, and
State and local agencies concerning
issues for older individuals related to
pension and other retirement benefits,
and
``(IX) establishes an outreach
program to provide information,
counseling, referral, and assistance
regarding pension and other retirement
benefits, with particular emphasis on
outreach to women, minorities, and low-
income retirees.
``(4) Training program.--
``(A) Use of funds.--In carrying out the projects
described in paragraph (2), the Assistant Secretary
shall, to the extent appropriations are available,
award a grant to an eligible entity to establish a
training program to provide--
``(i) information to the staffs of entities
operating pension rights information programs,
and
``(ii) assistance to the entities and assist
such entities in the design of program
evaluation tools.
``(B) Eligible entity.--Entities eligible to receive
grants under this subsection include nonprofit private
organizations with records of providing national
information, referral, and advocacy in matters related
to pension and other retirement benefits.
``(C) Application.--To be eligible to receive a grant
under this subsection, an entity shall submit an
application to the Assistant Secretary at such time, in
such manner, and containing such information as the
Assistant Secretary may require by rule.
``(5) Duration.--The Assistant Secretary may award grants
under paragraphs (3) and (4) for periods not to exceed 18
months.
``(6) Pension assistance hotline and interagency
coordination.--The Assistant Secretary shall enter into
interagency agreements for the establishment and operation of,
and dissemination of information about, a telephone hotline for
individuals seeking outreach, information, counseling,
referral, and assistance regarding pension and other retirement
benefits, and rights related to such benefits. The Assistant
Secretary shall also enter into agreements with the Secretary
of Labor and with the heads of other Federal agencies that
regulate the provision of pension and other retirement
benefits, as the Assistant Secretary determines to be
appropriate, in order to carry out this paragraph and to
develop a nationwide public-private pension assistance system.
``(7) Report to Congress.--
``(A) Preparation.--The Assistant Secretary shall
prepare a report that--
``(i) summarizes the distribution of funds
authorized for grants under this section and
the expenditure of such funds,
``(ii) summarizes the scope and content of
training and assistance provided under a
program carried out under this subsection and
the degree to which the training and assistance
can be replicated,
``(iii) outlines the problems that
individuals participating in programs funded
under this subsection encountered concerning
rights related to pension and other retirement
benefits, and
``(iv) makes recommendations regarding the
manner in which services provided in programs
funded under this subsection can be
incorporated into the ongoing programs of State
agencies, area agencies on aging, multipurpose
senior centers, and other similar entities.
``(B) Submission.--Not later than 30 months after the
date of the enactment of this Act, the Assistant
Secretary shall submit the report described in
subparagraph (A) to the Committee on Education and the
Workforce of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of
the Senate.
``(8) Administrative expenses.--Of the funds appropriated to
carry out this subsection for a fiscal year, not more than
$100,000 may be used by the Administration for administrative
expenses in carrying out this subsection.
``(f) Health Care Service Demonstration Projects in Rural Areas.--
``(1) Authority.--The Assistant Secretary, after consultation
with the State agency of the State involved, shall make grants
in accordance with paragraph (3) to eligible public agencies
and nonprofit private organizations to pay part or all of the
cost of developing or operating model health care service
projects (including related home health care services, adult
day health care, outreach, and transportation) through
multipurpose senior centers that are located in rural areas and
that provide nutrition services under section 331, to meet the
health care needs of medically underserved older individuals
residing in such areas.
``(2) Eligibility.--To be eligible to receive a grant under
paragraph (1), a public agency or nonprofit private
organization shall submit to the Assistant Secretary an
application containing such information and assurances as the
Secretary may require by rule, including--
``(A) information describing the nature and extent of
the applicant's--
``(i) experience in providing medical
services of the kinds to be provided in the
project for which a grant is requested, and
``(ii) coordination and cooperation with--
``(I) institutions of higher
education having graduate programs with
capability in public health, the
medical sciences, psychology,
pharmacology, nursing, social work,
health education, nutrition, or
gerontology, for the purpose of
designing and developing such project,
and
``(II) critical access hospitals (as
defined in section 1861(mm)(1) of the
Social Security Act) and rural health
clinics (as defined in section
1861(aa)(2) of the Social Security
Act),
``(B) assurances that the applicant will carry out
the project for which a grant is requested, through a
multipurpose senior center located--
``(i)(I) in a rural area that has a
population of less than 5000, or
``(II) in a county that has fewer than 6
individuals per square mile, and
``(ii) in a State in which--
``(I) not less than 33\1/3\ of the
population resides in rural areas,
``(II) not less than 5 percent of the
population resides in counties with
fewer than 6 individuals per square
mile, and
``(III) older individuals comprise--
``(aa) not less than 17
percent of the population, and
``(bb) not less than 40
percent of the population
residing in areas described in
subclauses (I) and (II),
as defined and determined in accordance with
the most recent data then available from the
Bureau of the Census, and
``(C) assurances that the applicant will submit to
the Assistant Secretary such evaluations and reports as
the Assistant Secretary may require by rule.
``(3) Rules.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall issue rules to carry
out this subsection.
``(4) Reports.--The Assistant Secretary shall include in the
reports required by section 117, summaries of the evaluations
and reports required under paragraph (2).
``SEC. 115. MISUSE OF FUNDS BY PROVIDERS.
``(a) Authority to Bar Providers.--If, after notice and an
opportunity for a hearing, it is determined--
``(1) by the Assistant Secretary that funds expended under
this Act (excluding title V) by a State, a State agency, or an
area agency on aging, directly or indirectly by a grant to or
contract with a provider of goods or services, have not been
expended in compliance with this Act (excluding title V) or a
regulation issued to carry out this Act (excluding title V), or
``(2) by the Secretary of Labor that funds expended under
title V by a recipient of a grant under section 503(a)(1),
directly or indirectly by a grant to or contract with a
provider to provide employment to older individuals, have not
been expended in compliance with such title or a regulation
issued to carry out such title,
then the Assistant Secretary or the Secretary, as the case may be, may
issue an order barring such provider, for a period not to exceed 5
years as specified in such order, from receiving a grant, or entering
into a contract, to provide goods, services, or employment with funds
made available under this Act (excluding title V) or such title, as the
case may be.
``(b) Effect of Order.--For the period during which an order issued
under subsection (a) is in effect, none of the funds made available
under this Act (excluding title V) or title V, as the case may be, may
be expended directly or indirectly by a grant to or contract with the
provider that is the subject of such order.
``SEC. 116. EVALUATIONS.
``(a) Duty of Secretary.--The Secretary may measure and evaluate the
impact and effectiveness of all programs, projects, and activities
carried out with funds provided under this Act. Evaluations shall be
conducted by persons not immediately involved in the administration of
the programs, projects, and activities evaluated.
``(b) Sources of Evaluation Information.--In carrying out evaluations
under subsection (a), the Secretary shall--
``(1) to the maximum extent practicable, arrange to obtain
the opinions of participants in the programs, projects, and
activities being evaluated, and
``(2) consult with organizations concerned with the welfare
of older individuals.
``SEC. 117. REPORTS.
``Not later than 120 days after the end of each fiscal year beginning
after September 30, 1999, the Assistant Secretary shall prepare and
submit to the President and to the the Speaker of the House of
Representative and the President pro tempore of the Senate, a complete
report on the programs, projects, and activities carried out under this
Act in such fiscal year. Such report shall include--
``(1) statistical data reflecting services and activities
provided under this Act to older individuals during the fiscal
year for which such report is submitted,
``(2) statistical data collected under section 112(9), and
``(3) statistical data, and an analysis of information,
regarding the effectiveness of the State agency and area
agencies on aging in targeting services to older individuals
with greatest economic need and older individuals with greatest
social need (with particular attention to low-income minority
older individuals).
``SEC. 118. REDUCTION OF PAPERWORK.
``In order to reduce unnecessary, duplicative, or disruptive demands
for information, the Assistant Secretary, in consultation with State
agencies and other appropriate agencies and organizations, shall
continually review and evaluate all requests by the Administration for
information under this Act and shall take such action as may be
necessary to reduce the paperwork required under this Act. The
Assistant Secretary shall request only such information as the
Assistant Secretary deems essential to carry out the purpose and
provisions of this Act and, in gathering such information, shall make
use of uniform service definitions to the extent that such definitions
are available.
``SEC. 119. SURPLUS PROPERTY ELIGIBILITY.
``Any State or local government agency, and any nonprofit
organization or institution, that receives funds appropriated for
programs for older individuals under this Act, under title IV or title
XX of the Social Security Act, under title VIII or X of Public Law 88-
452 (commonly known as the Economic Opportunity Act of 1964) or the
Community Services Block Grant Act, shall be deemed to be eligible to
receive for such programs, property that is declared surplus to the
needs of the Federal Government in accordance with laws applicable to
surplus property.
``SEC. 120. BENEFIT TREATMENT UNDER OTHER LAWS.
``No benefit (excluding wages and cash allowances that are not
reimbursements) received under a program, project, or activity carried
out under this Act shall be treated under any Federal, State, or local
law as income or resources of an eligible individual participating in
such program, project, or activity.
``SEC. 121. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.-- For the expenses (including salaries) of the
Administration on Aging to carry out this Act (other than subsections
(c), (d), (e), and (f) of section 114), there are authorized to be
appropriated $15,100,000 for fiscal year 2000 and such sums as may be
necessary for fiscal years 2001, 2002, 2003, 2004.
``(b) Research, Training, and Demonstration.--(1) There are
authorized to be appropriated to carry out subsections (c), (d), (e),
and (f) of section 114, $18,400,000 for fiscal year 2000 and such sums
as may be necessary for fiscal years 2001, 2002, 2003, and 2004.
``(2) Of the amount appropriated under paragraph (1) for each fiscal
year--
``(A) not more than $1,000,000 shall be available to carry
out section 112(12), and
``(B) subject to paragraph (3)--
``(i) not less than $540,000 shall be available to
make grants under section 114(d) to Hispanic Centers of
Excellence in Applied Gerontology, and
``(ii) not less than $1,200,000 shall be available to
make grants under section 114(d) to historically Black
colleges or universities,
``(C) not less than $1,000,000 shall be available to
carry out section 114(e), and
``(D) not less than $1,500,000 shall be available to
carry out section 114(f).
``(3) If the amount appropriated under paragraph (1) for any fiscal
year is less than the aggregate of the amounts specified in
subparagraphs (B), (C), and (D) of paragraph (2), each of such amounts
shall be reduced pro rata as necessary to cause such aggregate to equal
such amount.
``TITLE II--GRANTS FOR NATIVE AMERICAN PROGRAMS ON AGING
``SEC. 201. GRANTS FOR SERVICES TO NATIVE AMERICANS.
``(a) Authority To Make Grants.--The Assistant Secretary may make
grants to eligible organizations to pay all of the costs for delivery
of supportive services and nutrition services for older individuals who
are Native Americans.
``(b) Eligibility of Organizations.--An organization is eligible to
receive a grant under this title (excluding section 204) only if the
organization is--
``(1) a tribal organization that--
``(A) represents at least 50 older individuals, and
``(B) demonstrates the ability to deliver supportive
services and nutritional services,
``(2) an Alaska Native organization that--
``(A) represents at least 50 older individuals, and
``(B) demonstrates the ability to deliver supportive
services and nutritional services, or
``(3) a public or nonprofit private organization that--
``(A) will serve at least 50 older individuals who
are Native Hawaiians, and
``(B) demonstrates the ability to deliver supportive
services and nutrition services.
``SEC. 202. APPLICATIONS FOR GRANTS.
``(a) Requirement.--A grant may not be made under this title
(excluding section 204) unless an eligible organization submits an
application to the Assistant Secretary that meets such criteria as the
Assistant Secretary may establish by rule. Each such application
shall--
``(1) provide that such organization shall evaluate the need
for supportive and nutrition services among older individuals
who are--
``(A) Indians represented by such organization if
such organization is a tribal organization,
``(B) Alaska Natives represented by such organization
if such organization is an Alaska Native organization,
or
``(C) Native Hawaiians to be served by such
organization,
``(2) provide for the use of such methods of administration
as are necessary for the proper and efficient administration of
the project to be carried out with such grant,
``(3) provide an assurance that such organization will make
such reports in such form and containing such information, as
the Assistant Secretary may reasonably require, and comply with
such requirements as the Assistant Secretary may impose to
ensure the correctness of such reports,
``(4) provide for periodic evaluation of the project to be
carried out with such grant,
``(5) establish objectives toward which such project will be
directed, identify obstacles to the attainment of such
objectives, and indicate the manner in which such organization
proposes to overcome such obstacles,
``(6) provide for establishing and maintaining information
and assistance services to ensure that older individuals who
are served by such project will have reasonably convenient
access to the services and activities provided by such project,
``(7) provide that a preference for older individuals who are
Native Americans for full- or part-time staff positions will be
given whenever feasible,
``(8) provide an assurance that, either directly or by way of
grant or contract with appropriate entities, nutrition services
will be delivered to older individuals who are--
``(A) Indians represented by such organization if
such organization is a tribal organization,
``(B) Alaska Natives represented by such organization
if such organization is an Alaska Native organization,
or
``(C) Native Hawaiians to be served by such
organization,
and will substantially comply with chapter 2 of subtitle A of
title III, except that in any case in which the need of such
individuals for nutritional services is already met from other
sources, such organization may expend for supportive services
the funds otherwise required to be expended under this
paragraph,
``(9) provide that any legal services or ombudsman services
made available to older individuals who are--
``(A) Indians represented by such organization if
such organization is a tribal organization,
``(B) Alaska Natives represented by such organization
if such organization is an Alaska Native organization,
or
``(C) Native Hawaiians to be served by such
organization,
will be in substantial compliance with the provisions of
subtitle A of title III relating to the furnishing of similar
services,
``(10) contain satisfactory assurances that fiscal control
and fund accounting procedures will be adopted as may be
necessary to ensure proper disbursement of, and accounting for,
Federal funds paid under this title to such organization,
including any funds paid by such organization to a recipient of
a grant or contract,
``(11) contain assurances that such organization will
coordinate services provided under this title with services
provided under subtitle A of title III in the same geographical
area, and
``(12) if the organization elects to solicit voluntary
contributions from older individuals, provide that such
organization will ensure that such contributions will be--
``(A) based on the ability of the older individuals
to make such contributions, and
``(B) used to increase, or to expand access to,
services provided under this title.
``(b) Population Statistics.--For the purpose of any application
submitted under subsection (a), an eligible organization may develop
its own population statistics, with a certification from the Bureau of
Indian Affairs, in order to establish eligibility to receive a grant
under this title.
``(c) Approval of Application.--The Assistant Secretary shall approve
any application that complies with subsection (a).
``(d) Application Not Approved.--Whenever the Assistant Secretary
determines not to approve an application submitted under subsection (a)
the Assistant Secretary shall--
``(1) state objections in writing to the organization within
60 days after such determination,
``(2) provide, to the extent practicable, technical
assistance to the organization to overcome such stated
objections, and
``(3) provide the organization with a hearing, under such
rules as the Assistant Secretary may issue.
``(e) Period Funded.--Whenever the Assistant Secretary approves an
application of an organization under subsection (a), a grant shall be
made for a period of not less than 12 months.
``SEC. 203. DISTRIBUTION OF FUNDS AMONG TRIBAL ORGANIZATIONS, ALASKA
NATIVE ORGANIZATIONS, AND ORGANIZATIONS SERVING
NATIVE HAWAIIANS.
``(a) Maintenance of 1991 Amounts.--Subject to the availability of
appropriations to carry out this title, the amount of the grant (if
any) made under this title to a tribal organization, an Alaska Native
organization, or an organization serving Native Hawaiians for fiscal
year 2000 and for each subsequent fiscal year shall be not less than
the amount of the grant made under title VI of the Older Americans Act
of 1965 to the tribal organization, the Alaska Native organization, or
the organization serving Native Hawaiians for fiscal year 1991.
``(b) Use of Additional Amounts Appropriated.--If the amount
appropriated to carry out this title in a fiscal year subsequent to
fiscal year 2000 exceeds the amount appropriated to carry out title VI
of the Older Americans Act of 1965 in fiscal year 1991, then the amount
of the grant (if any) made under this title to a tribal organization,
an Alaska Native organization, or an organization serving Native
Hawaiians for such subsequent fiscal year shall be--
``(1) increased by such amount as the Assistant Secretary
considers to be appropriate, in addition to the amount of any
increase required by subsection (a), so that the grant equals
or more closely approaches the amount of the grant made under
title VI of the Older Americans Act of 1965 to the tribal
organization or the Alaska Native organization for fiscal year
1980, or to the organization serving Native Hawaiians for
fiscal year 1995, or
``(2) an amount the Assistant Secretary considers to be
sufficient if the tribal organization, the Alaska Native
organization, or the organization serving Native Hawaiians did
not receive a grant under title VI of the Older Americans Act
of 1965 for either fiscal year 1980 or fiscal year 1991.
``SEC. 204. SURPLUS EDUCATIONAL FACILITIES.
``(a) Requirement.--Notwithstanding any other provision of law, the
Secretary of the Interior--
``(1) acting through the Bureau of Indian Affairs, shall make
available surplus Indian educational facilities and surplus
Alaska Native educational facilities to tribal organizations
and Alaska Native organizations, and to nonprofit organizations
with the approval of the Indian tribe or Alaska Native
organization involved, and
``(2) shall make available to organizations described in
section 201(b)(3) any other surplus educational facilities
located in the State of Hawaii that are under the control of
the Secretary of the Interior,
for use as multipurpose senior centers. Such centers may be altered so
as to provide extended care facilities, community center facilities,
nutrition services, adult day care services, child care services, and
other supportive services.
``(b) Application.--To request to receive surplus educational
facilities made available under subsection (a), a tribal organization,
an Alaska Native organization, or an organization described in section
201(b)(3) shall submit an application to the Secretary of the Interior
at such time and in such manner, and containing such information, as
the Secretary of the Interior determines to be necessary to carry out
this section.
``SEC. 205. ADMINISTRATION.
``For the purpose of issuing rules to carry out this title, the
Assistant Secretary shall consult with the Secretary of the Interior.
``SEC. 206. PAYMENTS.
``Payments may be made under this title (after necessary adjustments
on account of previously made overpayments or underpayments) in advance
or by way of reimbursement in such installments and on such conditions
as the Assistant Secretary may determine.
``SEC. 207. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this title
$18,800,000 for fiscal year 2000 and such sums as may be necessary for
fiscal years 2001, 2002, 2003, and 2004.
``TITLE III--GRANTS FOR STATE AND COMMUNITY PROGRAMS ON AGING
``Subtitle A--Grants for Programs on Aging
``CHAPTER 1--GENERAL PROVISIONS
``SEC. 301. TECHNICAL ASSISTANCE AND COOPERATION.
``In carrying out this title, the Assistant Secretary may request the
technical assistance and cooperation of such other Federal agencies as
the Assistant Secretary considers to be appropriate.
``SEC. 302. ALLOTMENTS; FEDERAL SHARE.
``(a) Allotment of Funds for Supportive Services, Multipurpose Senior
Centers, and Nutrition Services.--
``(1) Reservation of funds.--(A) Subject to subparagraphs
(B), (C), and (D), the amounts appropriated under subsections
(a), (b), and (c) of section 391 for fiscal years 2000 through
2004 shall be allotted by the Assistant Secretary among the
States proportionately based on the population of individuals
60 years of age or older in the States.
``(B) Subject to subparagraph (C), the amounts allotted under
subparagraph (A) shall be reduced proportionately to the extent
necessary to increase other allotments under such subparagraph
(A) to achieve the following:
``(i) Each State shall be allotted \1/2\ of 1 percent
of the amount appropriated for the fiscal year for
which the determination is made.
``(ii) Guam and the Virgin Islands of the United
States shall each be allotted \1/4\ of 1 percent of the
amount appropriated for the fiscal year for which the
determination is made.
``(iii) American Samoa and the Commonwealth of the
Northern Mariana Islands shall each be allotted \1/16\
of 1 percent of the amount appropriated for the fiscal
year for which the determination is made.
``(C) For each fiscal year each State shall be allotted an
amount that is not less than the amount allotted to such State
under section 304(a)(1) of the Older Americans Act of 1965 for
fiscal year 1987.
``(D) For the purposes of subparagraphs (B)(i) and (C), the
term `State' does not include Guam, American Samoa, the Virgin
Islands of the United States, and the Commonwealth of the
Northern Mariana Islands.
``(E) The number of individuals 60 years of age or older in
any State and in all States shall be determined by the
Assistant Secretary on the basis of the most recent data
available from the Bureau of the Census and other reliable
demographic data satisfactory to the Assistant Secretary.
``(2) Withholding of funds.--(A) If the Assistant Secretary
finds that a State fails to qualify under the State plan
requirements of section 304, the Assistant Secretary shall
withhold from the State funds allotted under paragraph (1) for
the fiscal year for which such plan is submitted.
``(B) The Assistant Secretary shall disburse the funds so
withheld directly to any public or nonprofit private
institution or organization, agency, or political subdivision
of the State submitting an approved plan under section 304,
that includes an agreement that any such funds so disbursed
shall be matched in cash or in kind, from non-Federal sources,
to pay the remainder of the cost of carrying out chapters 2 and
3 as described in paragraph (3)(A), but not less than 15
percent of such cost.
``(3) Federal share.--(A) Funds received by a State from
allotments made under this subsection for a fiscal year may be
used to pay not more than 85 percent of the cost of carrying
out chapters 2 and 3.
``(B) The non-Federal share of such cost shall be contributed
in cash or in kind. In determining the amount of the non-
Federal share, the Assistant Secretary may attribute fair
market value to services and facilities contributed from non-
Federal sources.
``(b) Allotment of Additional Funds for State Long-Term Care
Ombudsman Programs and for Services for the Prevention and Remediation
of Elder Abuse, Neglect, and Exploitation.--
``(1) Population.--Amounts appropriated under section 493 for
a fiscal year shall be allotted by the Assistant Secretary
initially among the States proportionately based on the
population of individuals 60 years of age or older in the
States.
``(2) Minimum allotments.--
(A) In general.--After making the initial allotments
described in paragraph (1), the Assistant Secretary
shall adjust the allotments on a pro rata basis in
accordance with subparagraphs (B) and (C).
``(B) General minimum allotments.--
``(i) Minimum allotment for states.--Each
State shall be allotted not less than \1/2\ of
1 percent of the funds appropriated under
section 493 for the fiscal year for which the
determination is made.
``(ii) Other Minimum allotments.--Guam and
the Virgin Islands of the United States shall
each be allotted not less than \1/4\ of 1
percent of the funds appropriated under section
493 for the fiscal year for which the
determination is made. American Samoa and the
Commonwealth of the Northern Mariana Islands
shall each be allotted not less than \1/16\ of
1 percent of the amount appropriated under
section 493 for the fiscal year for which the
determination is made.
``(C) Minimum allotments for ombudsman programs and
services for the prevention of elder abuse, neglect,
and exploitation.--From funds appropriated under
section 493, each State shall be allotted not less than
the amount allotted to such State for fiscal year 1991
under section 304 of the Older Americans Act of 1965 to
carry out State long-term care ombudsman programs and
programs with respect to the prevention of elder abuse,
neglect, and exploitation, under title III of such Act.
``(D) Definition.--For the purposes of this
paragraph, the term `State' does not include Guam,
American Samoa, the Virgin Islands of the United
States, and the Commonwealth of the Northern Mariana
Islands.
``(c) Allotment of Funds for Family Caregiver Services.--
``(1)(A) Subject to paragraph (2), amounts appropriated under
section 391(d) for fiscal years 2000 through 2004 shall be
allotted by the Assistant Secretary among the States
proportionately based on the population of individuals 70 years
of age or older in the States.
``(B) The number of individuals 70 years of age or older in
any State and in all States shall be determined by the
Assistant Secretary on the basis of the most recent data
available from the Bureau of the Census and other reliable
demographic data satisfactory to the Assistant Secretary.
``(2) Minimum allotments.--
``(A) The amounts allotted under paragraph (1) shall
be reduced proportionately to the extent necessary to
increase other allotments under such paragraph to
achieve the amounts described in subparagraph (B).
``(B)(i) Each State shall be allotted \1/2\ of 1
percent of the amount appropriated for the fiscal year
for which the determination is made.
``(ii) Guam and the Virgin Islands of the United
States shall each be allotted \1/4\ of 1 percent of the
amount appropriated for the fiscal year for which the
determination is made.
``(iii) American Samoa and the Commonwealth of the
Northern Mariana Islands shall each be allotted \1/16\
of 1 percent of the amount appropriated for the fiscal
year for which the determination is made.
``(C) For the purposes of subparagraph (B)(i), the term
`State' does not include Guam, American Samoa, the Virgin
Islands of the United States, and the Commonwealth of the
Northern Mariana Islands.
``(d) Permitted Use of Allotments.--
``(1) Administration of state plans.--(A) Except as provided
in subparagraph (B), 5 percent of the allotment made to a State
under subsection (a) or $500,000, whichever is greater, shall
be available to the State to use in accordance with section
306(a).
``(B) In the case of an allotment made under subsection (a)
to Guam, American Samoa, the Virgin Islands of the United
States, and the Commonwealth of the Northern Mariana Islands, 5
percent of such allotment or $100,000, whichever is greater,
shall be available to each to use in accordance with section
306(a).
``(2) Application to use additional funds.--(A) If the
Assistant Secretary determines, based upon a particularized
showing of need that--
``(i) the State will be unable to fully and
effectively administer its State plan and to carry out
programs, projects, and activities authorized by
chapters 2 and 3 unless additional funds are made
available by the Assistant Secretary,
``(ii) the State is making full and effective use of
its allotment under paragraph (1) and of the personnel
of the State agency and area agencies designated under
section 303(a)(2)(A) in the administration of its State
plan in accordance with section 306(a), and
``(iii) the State agency and area agencies on aging
are carrying out, on a full-time basis, programs,
projects, and activities that are in furtherance of the
purpose of chapters 2 and 3,
then the Assistant Secretary may approve an application
submitted by the State to request permission to use in
accordance with section 306(a) a greater percentage of its
allotment under subsection (a).
``(B) Subject to subparagraph (C), the Assistant Secretary
may approve any part of the greater percentage requested in
such application that the Assistant Secretary determines is
justified in such application.
``(C) The aggregate amount available under this subsection to
a particular State in any fiscal year may not exceed \3/4\ of 1
percent of the allotment made under subsection (a) for such
fiscal year.
``(D) An application submitted under subparagraph (A) by a
State may not be approved unless it contains assurances that no
funds received by the State under this subsection will be used
to hire any individual to fill a job opening created by the
action of the State in laying off or terminating the employment
of any regular employee not supported under this Act in
anticipation of filling the vacancy so created by hiring an
employee to be supported through use of amounts received under
this subsection.
``(3) Additional uses.--Of the allotment made under
subsection (a) to a State for a fiscal year and remaining after
the application of paragraph (1), such part as the State agency
determines, but not more than 10 percent of such remaining
amount, may be used to pay such percentage as the State agency
determines, but not more than 75 percent, of the administrative
costs incurred to carry out area plans submitted in accordance
with section 305.
``SEC. 303. ELIGIBILITY OF STATES; ORGANIZATION.
``(a) Eligibility of States.--For a State to be eligible to receive
funds allotted under section 302(a)--
``(1) the State shall, in accordance with rules issued by the
Secretary, designate a State agency as the sole State agency
to--
``(A) develop a State plan to be submitted to the
Assistant Secretary for approval under section 304,
``(B) administer the State plan within the State,
``(C) be responsible for the planning, policy
development, administration, coordination, priority
setting, and evaluation of all State activities related
to carrying out chapters 2 and 3,
``(D) serve as an effective and visible advocate for
older individuals by reviewing and commenting on all
State plans, budgets, and policies that affect older
individuals, and to provide technical assistance to any
agency, organization, or association representing the
needs of older individuals, and
``(E) except as provided in subsection (d), divide
the State into distinct planning and service areas or
designate the entire State as a single planning and
service area,
``(2) the State agency shall--
``(A) designate an area agency on aging for each
planning and service area,
``(B) take into account in the development and
administration of the State plan for any fiscal year
the views of--
``(i) recipients of supportive services,
nutrition services, or community service
employment, or
``(ii) individuals using multipurpose senior
centers,
as the case may be, provided under such plan,
``(C) after consultation with area agencies and using
the best available data, develop and publish for review
and comment a formula for distribution within the State
of funds received under chapters 2 and 3 that takes
into account--
``(i) the geographical distribution
(including distribution in rural areas) of
older individuals in the State, and
``(ii) the distribution among planning and
service areas of older individuals with
greatest economic need and older individuals
with greatest social need, with particular
attention to low-income minority older
individuals and to older individuals residing
in rural areas, and
``(D) provide an assurance that preference will be
given to providing services to older individuals with
greatest economic need and older individuals with
greatest social need, with particular attention to low-
income minority older individuals and to older
individuals residing in rural areas, and include in the
State plan a description of the methods the State will
use to carry out such preference.
``(b) Designation of Area Agencies on Aging.--(1) An area agency on
aging designated under subsection (a) shall be--
``(A) an established office of aging,
``(B) any office or agency of a unit of general purpose local
government, that is designated to function only for the purpose
of serving as an area agency on aging by the chief elected
official of such unit,
``(C) any office or agency designated by the appropriate
chief elected officials of any combination of units of general
purpose local government to act only on behalf of such
combination for such purpose,
``(D) any public or nonprofit private agency in a planning
and service area, or any separate organizational unit within
such agency, that is under the supervision or direction for
this purpose of the designated State agency and that can and
will engage only in the planning or provision of a broad range
of supportive services, or nutrition services within the
planning and service area, or
``(E) in the case of a State designated under subsection
(a)(1)(E) as a single planning and service area, the State
agency,
and shall provide assurance, determined adequate by the State agency,
that the area agency on aging will have the ability to develop an area
plan and to carry out, directly or through contractual or other
arrangements, a program in accordance with the plan within the planning
and service area.
``(2) In designating an area agency on aging within the planning and
service area or within any unit of general purpose local government
designated as a planning and service area, the State shall give
preference to an established office on aging, unless the State agency
finds that no such office within the planning and service area will
have the capacity to carry out the area plan.
``(c) Due Process.--
``(1) Establishment of procedures.--A State agency shall
establish, after consultation with area agencies on aging,
procedures to provide due process to affected parties, if the
State agency initiates an action or proceeding to change the
designation of any designated planning and service area or of
any designated area agency on aging.
``(2) Requirements.--Such procedures shall include--
``(A) providing notice of an action or proceeding
described in paragraph (1),
``(B) documenting the need for the action or
proceeding,
``(C) conducting a public hearing for the action or
proceeding,
``(D) involving area agencies on aging, service
providers, and older individuals in the action or
proceeding, and
``(E) allowing an appeal of the decision of the State
agency in the action or proceeding to the Assistant
Secretary.
``(d) Grandfather Provision.--A State that on or before October 1,
1980, had designated, with the approval of the Commissioner on Aging, a
single planning and service area covering all of the older individuals
in the State, in which the State agency was administering the area
plan, may after that date designate one or more additional planning and
service areas within the State to be administered by public or
nonprofit private agencies or organizations as area agencies on aging.
The State agency shall continue to perform the functions of an area
agency on aging for any area of the State not included in a planning
and service area for which an area agency on aging has been designated.
``SEC. 304. STATE PLANS.
``(a) Plan.--To be eligible for grants from its allotment under
section 302(a) for any fiscal year, each State shall submit to the
Assistant Secretary a State plan for a 2-, 3-, or 4-year period
determined by the State agency, with such annual revisions as are
necessary. Each such plan shall comply with all of the following
requirements:
``(1) Uniform area plan format.--The plan shall be based upon
area plans developed by area agencies on aging within the State
designated under section 303(a)(2)(A), and the State will
prepare and distribute a uniform format to be used by area
agencies on aging to submit to the State agency the area plans
developed under section 305.
``(2) Approval of area plan.--The plan shall provide that
each area agency on aging designated under section 303(a)(2)(A)
will develop and submit to the State agency for approval an
area plan that complies with section 305.
``(3) Evaluation of need.--The plan shall provide that the
State agency will evaluate the need for supportive services,
nutrition services (taking into consideration the comparative
need for home-delivered nutrition services and for congregate
nutrition services), multipurpose senior centers, and community
service employment within the State in serving eligible
populations (including older individuals with greatest economic
need and older individuals with greatest social need, with
particular attention to low-income minority older individuals
and to older individuals residing in rural areas) and will
determine the extent to which existing public or private
programs meet such need. To conduct the evaluation, the State
agency shall use the procedures implemented under section
112(10).
``(4) Hearings.--The plan shall provide that the State agency
will establish a grievance procedure that will afford an
opportunity for a hearing upon request to any area agency on
aging submitting a plan under section 305, to any provider of a
service under such a plan, or to any applicant to provide a
service under such a plan. The State agency shall establish and
publish the procedures for requesting and conducting such
hearing.
``(5) Fiscal control and fund accounting; conflicts of
interest.--(A) The plan shall provide satisfactory assurance
that such fiscal control and fund accounting procedures will be
adopted as may be necessary to assure proper disbursement of,
and accounting for, funds received from allotments made under
section 302(a) to the State, including any such funds paid to
the recipients of a grant or contract.
``(B) The plan shall provide assurances that--
``(i) no individual (appointed or otherwise) involved
in the designation of the State agency or an area
agency on aging, or in the designation of the head of
any subdivision of the State agency or of an area
agency on aging, is subject to a conflict of interest
prohibited under this subtitle,
``(ii) no officer, employee, or other representative
of the State agency or an area agency on aging is
subject to a conflict of interest prohibited under this
subtitle, and
``(iii) mechanisms are in place to identify and
remove conflicts of interest prohibited under this
subtitle.
``(C) The plan shall provide assurances that the State agency
and each area agency on aging will--
``(i) maintain the integrity and public purpose of
services provided, and service providers, under the
State plan in all contractual and commercial
relationships, and
``(ii) demonstrate that the quantity or quality of
the services to be provided under the State plan will
be enhanced as a result of such contract or such
relationship,
``(6) Information and assistance services.--The plan shall
provide for establishing and maintaining information and
assistance services in sufficient numbers to ensure, to the
maximum extent practicable, that all older individuals in the
State who are not furnished adequate information and assistance
services under section 305(a)(3) will have reasonably
convenient access to such services.
``(7) Limitations.--(A) The plan shall provide that no
supportive services, nutrition services, or in-home services
will be directly provided by the State agency or an area agency
on aging, except when, in the judgment of the State agency--
``(i) provision of such services by the State agency
or an area agency on aging is necessary to ensure an
adequate supply of such services,
``(ii) such services are directly related to the
administrative functions of the State agency or area
agency on aging, or
``(iii) such services of comparable quality can be
provided more economically by the State agency or area
agency on aging.
``(B) Subparagraph (A) shall not apply with respect to
information and assistance services or to outreach.
``(C) Subparagraph (A) shall not apply with respect to case
management services provided by an area agency on aging.
``(8) State long-term care ombudsman program.--Subject to
subsection (g), the plan shall provide assurances that the
State agency will carry out a State long-term care ombudsman
program in accordance with subtitles B and D of title IV.
``(9) Legal assistance.--The plan shall contain assurances
that with respect to legal assistance--
``(A) that area agencies on aging--
``(i) will enter into contracts with
providers of legal assistance that can
demonstrate the experience or capacity to
deliver legal assistance,
``(ii) will attempt to involve the private
bar in legal assistance activities authorized
under this chapter, including groups within the
private bar furnishing services to older
individuals on a pro bono and reduced fee
basis, and
``(iii) may provide, through the use of
qualified personnel, legal assistance related
to income, health care, long-term care,
nutrition, housing, utilities, protective
services, guardianship, abuse neglect, and age
discrimination,
``(B) the State agency will provide for the
coordination of the furnishing of legal assistance to
older individuals in the State, will provide advice and
technical assistance in the provision of legal
assistance to older individuals in the State, and will
support the furnishing of training and technical
assistance for legal assistance for older individuals,
and
``(C) to the extent practicable, that legal
assistance furnished under the plan will be in addition
to any legal assistance for older individuals being
furnished with funds from sources other than this Act
and that reasonable efforts will be made to maintain
existing levels of legal assistance for older
individuals.
``(10) Prevention and remediation of elder abuse, neglect,
and exploitation.--Subject to subsection (g), and if the State
elects to provide for a fiscal year for services for the
prevention and remediation of elder abuse, neglect, and
exploitation, the plan shall contain assurances that such
services will be provided in accordance with subtitles C and D
of title IV.
``(11) Outreach.--The plan shall provide assurances that the
State agency will require outreach efforts that will--
``(A) identify individuals eligible for assistance
under chapters 2 and 3, with special emphasis on--
``(i) older individuals residing in rural
areas,
``(ii) older individuals with greatest
economic need (with particular attention to
low-income minority older individuals) and
older individuals with greatest social need
(with particular attention to low-income
minority older individuals),
``(iii) older individuals with severe
disabilities,
``(iv) older individuals with limited
English-speaking ability, and
``(v) older individuals with Alzheimer's
disease or related disorders with neurological
and organic brain dysfunction (and the
caregivers of such individuals), and
``(B) inform the older individuals referred to in
clauses (i) through (v) of subparagraph (A), and the
caregivers of such individuals, of the availability of
such assistance.
``(12) Older individuals with disabilities.--The plan shall
provide, with respect to the needs of older individuals with
disabilities, assurances that the State agency will coordinate
planning, identification, assessment of needs, and services for
older individuals with disabilities (with particular attention
to individuals with severe disabilities) with the State
agencies with responsibility for individuals with disabilities
(including severe disabilities).
``(13) Coordination of community-based long-term care
services.--The plan shall provide assurances that area agencies
on aging will conduct efforts to facilitate the coordination of
community-based long-term care services, pursuant to section
305(a)(5)(G), for older individuals who--
``(A) reside at home and are at risk of
institutionalization because of limitations on their
ability to function independently,
``(B) are patients in hospitals and are at risk of
prolonged institutionalization, or
``(C) are patients in long-term care facilities, but
who can return to their homes if community-based
services are provided to them.
``(14) Prohibition on misuse of funds.--The plan shall
provide assurances that funds received from allotments under
section 302(a) will not be used to pay any part of a cost
(including an administrative cost) incurred by the State or an
area agency on aging to carry out a contract or commercial
relationship that is not related to implementation of chapter 2
or 3.
``(15) Coordination of services; provision of
multigenerational services.--The plan shall provide assurances
that demonstrable efforts will be made--
``(A) to coordinate services provided under chapters
2 and 3 with other State services that benefit older
individuals, and
``(B) to provide multigenerational activities, such
as opportunities for older individuals to serve as
mentors or advisers in programs that provide child
care, youth day care, educational assistance, at-risk
youth intervention, juvenile delinquency treatment, and
family support.
``(16) Quality assurance.--The plan shall include assurances
that the State has in effect a mechanism to provide for quality
in the provision of services under chapters 2 and 3.
``(17) Voluntary contributions.--The plan shall provide,
after the State consults with area agencies on aging and with
service providers and provides an opportunity for older
individuals to submit comments to the State, that recipients of
services (excluding information and assistance services,
outreach, benefits counseling, case management services,
ombudsman services, and protective services) under State plans
or area plans will be given an opportunity to voluntarily
contribute to the cost of such services.
``(18) Solicitation of voluntary contributions.--The plan
shall provide that the State will permit area agencies on aging
to permit service providers to solicit for services provided
under the plan voluntary contributions that--
``(A) are based on the ability of older individuals
to make such contributions, and
``(B) will be used to increase, or expand access to,
services provided under the plan.
``(19) Use of vouchers to obtain services.--(A) Subject to
subparagraph (B), the plan shall identify each specific
supportive service and each nutrition service, if any, the
State agency elects to permit area agencies on aging to provide
by issuing vouchers (redeemable by the State agency or area
agency on aging) to older individuals to permit such
individuals to obtain such service.
``(B) A State agency may make an election under subparagraph
(A) with respect to a nutrition service only if the plan
includes an assurance that--
``(i) such service provided in exchange for vouchers
will provide meals that satisfy the requirements
specified in section 332(2)(A), and
``(ii) an area agency on aging will be permitted by
the State agency to provide such service by issuing
such vouchers, only if the area agency on aging is
unable to provide such service by contract with a
service provider.
``(20) Information on meeting needs.--The plan shall contain
information describing how the State and area agencies on aging
are meeting the needs that older individuals have for outreach,
case management services, transportation services, information
and assistance services, in-home services, and legal
assistance.
``(21) Information relating to rural areas.--The plan shall,
with respect to the fiscal year preceding the fiscal year for
which such plan is prepared, describe the methods and
difficulties in providing services to older individuals who
reside in rural areas (in particular, problems regarding
transportation and the cost of providing services).
``(22) Services in rural areas.--For each fiscal year the
plan shall identify, and take into consideration for purposes
of allocating funds to area agencies on aging, the actual and
projected additional costs for providing services under this
title, in particular the cost of providing access to such
services to older individuals residing in rural areas.
``(23) Coordination of services to blind older individuals.--
The plan shall provide, with respect to blind older
individuals, that the State agency will coordinate services
provided under this Act with services provided under chapter 2
of title VII of the Rehabilitation Act of 1973.
``(b) Approval of State Plan.--The Assistant Secretary shall approve
any State plan that the Assistant Secretary finds fulfills the
requirements of subsection (a).
``(c) Disapproval of State Plan.--(1) The Assistant Secretary shall
not make a final determination disapproving any State plan, or any
modification thereof, or make a final determination that a State is
ineligible under section 303, without first affording the State
reasonable notice and opportunity for a hearing.
``(2) Not later than 30 days after such final determination, a State
dissatisfied with such final determination may appeal such final
determination to the Secretary for review. If the State timely appeals
such final determination in accordance with subsection (e)(1), the
Secretary shall dismiss the appeal filed under this paragraph.
``(3)(A) If the State is dissatisfied with the decision of the
Secretary after review under paragraph (2), the State may appeal such
decision not later than 30 days after such decision and in the manner
described in subsection (e).
``(B) For purposes of appellate review under subparagraph (A), a
reference in subsection (e) to the Assistant Secretary shall be deemed
to be a reference to the Secretary.
``(d) Notification of State.--(1) Whenever the Assistant Secretary,
after providing reasonable notice and opportunity for a hearing to the
State agency, finds that--
``(A) the State is not eligible under section 303,
``(B) the State plan has been so changed that it no longer
complies substantially with subsection (a), or
``(C) in the administration of the plan there is a failure to
comply substantially with any provision of subsection (a),
the Assistant Secretary shall notify the State agency that no further
payments from its allotments under section 302(a) will be made to the
State (or, in the Assistant Secretary's discretion, that further
payments to the State will be limited to projects under or portions of
the State plan not affected by such failure), until the Assistant
Secretary is satisfied that there will no longer be any failure to
comply. Until the Assistant Secretary is so satisfied, no further
payments shall be made to the State from its allotments under section
302(a) (or payments shall be limited to projects under or portions of
the State plan not affected by such failure).
``(2)(A) The Assistant Secretary shall, in accordance with rules the
Secretary shall issue, disburse the funds so withheld directly to any
public or nonprofit private organization or agency or political
subdivision of the State submitting an approved plan in accordance with
the provisions of this section.
``(B) The limitation specified in section 302(a)(3) shall apply with
respect to the use of such funds by the organization, agency, or
political subdivision that receives such funds.
``(e) Appeal.--(1) A State that is dissatisfied with a final action
of the Assistant Secretary under subsection (b), (c), or (d) may appeal
to the United States court of appeals for the circuit in which the
State is located, by filing a petition with such court within 30 days
after such final action. A copy of the petition shall be forthwith
transmitted by the clerk of the court to the Assistant Secretary, or
any officer designated by the Assistant Secretary for such purpose. The
Assistant Secretary thereupon shall file in the court the record of the
proceedings on which the Assistant Secretary's action is based, as
provided in section 2112 of title 28, United States Code.
``(2) Upon the filing of such petition, the court shall have
jurisdiction to affirm the action of the Assistant Secretary or to set
it aside, in whole or in part, temporarily or permanently, but until
the filing of the record, the Assistant Secretary may modify or set
aside the Assistant Secretary's order. The findings of the Assistant
Secretary as to the facts, if supported by substantial evidence, shall
be conclusive, but the court, for good cause shown may remand the case
to the Assistant Secretary to take further evidence, and the Assistant
Secretary shall, within 30 days, file in the court the record of those
further proceedings. Such new or modified findings of fact shall
likewise be conclusive if supported by substantial evidence. The
judgment of the court affirming or setting aside, in whole or in part,
any action of the Assistant Secretary shall be final, subject to review
by the Supreme Court of the United States upon certiorari or
certification as provided in section 1254 of title 28, United States
Code.
``(3) The commencement of proceedings under this subsection shall
not, unless so specifically ordered by the court, operate as a stay of
the Assistant Secretary's action.
``(f) Preservation of Attorney-Client Privilege.--Neither a State,
nor a State agency, may require any provider of legal assistance under
this chapter to reveal any information that is protected by the
attorney-client privilege.
``(g) Limitation on Expenditures.--
``(1) Limitation.--Not more than 15 percent of the allotment
made under section 302(a) for a fiscal year and remaining after
the application of subsection (c)(1), may be used to carry out
the State long-term care ombudsman program described in
subsection (a)(8) and legal assistance described in subsection
(a)(9), and to provide services for prevention of elder abuse,
neglect, and exploitation described in subsection (a)(10).
``(2) Waiver.--If the State demonstrates to the satisfaction
of the Assistant Secretary that the amount available as a
result of the application of such paragraph is insufficient to
satisfy the need for services under the State long-term care
ombudsman program described in subsection (a)(8), the need for
legal assistance described in subsection (a)(9), and the need
for services to the prevent elder abuse, neglect, and
exploitation described in subsection (a)(10), then the
Assistant Secretary may grant a waiver that permits the State
to use an additional 5 percent of such allotment to satisfy
such need.
``SEC. 305. AREA PLANS.
``(a) Plan.--Each area agency on aging designated under section
303(a)(2)(A) shall, in order to be approved by the State agency,
prepare and develop an area plan for a planning and service area for a
2-, 3-, or 4-year period determined by the State agency, with such
annual adjustments as may be necessary. Each such plan shall be based
upon a uniform format for area plans within the State. Each such plan
shall comply with all of the following requirements:
``(1) Scope of plan.--The plan shall provide, through a
comprehensive and coordinated system, for--
``(A) supportive services, nutrition services
(including in-home meals and congregate nutrition
services), and, where appropriate, for the
establishment or maintenance of multipurpose senior
centers, within the planning and service area covered
by the plan,
``(B) determining the extent of need for supportive
services, nutrition services (taking into consideration
the comparative need for home-delivered nutrition
services and congregate nutrition services), and
multipurpose senior centers in such area (taking into
consideration, among other things, the number of older
individuals with low incomes residing in such area
(with particular attention to low-income minority older
individuals and to older individuals residing in rural
areas), the number of older individuals who have
greatest economic need residing in such area, the
number of older individuals who have greatest social
need residing in such area, the number of older
individuals residing on reservations in such area, the
number of older individuals who are Indians residing in
such area, and the efforts of voluntary organizations
in the community),
``(C) evaluating the effectiveness of the use of
resources in meeting such need, and
``(D) entering into agreements with providers of
supportive services, nutrition services, or
multipurpose senior centers in such area, for the
provision of such services or centers to meet such
need.
``(2) Promotion of independent living.--The plan shall
promote independent living through the provision of home- and
community-based care, address the nutrition and health-
promotion needs of older individuals, provide advocacy for and
protect the rights of vulnerable older individuals in both
community-based and institutional settings, specify efforts to
be undertaken to ensure the quality of supportive services and
nutrition services provided in such settings, enhance access to
services provided under the plan, and encourage community
participation in carrying out the plan.
``(3) Information and assistance services.--The plan shall
provide for the establishment and maintenance of information
and assistance services to ensure that older individuals within
the planning and service area covered by the plan will have
reasonably convenient access to such services, with particular
emphasis on linking services available to isolated older
individuals and older individuals with Alzheimer's disease or
related disorders with neurological and organic brain
dysfunction (and the caregivers of individuals with such
disease or disorders).
``(4) Specific objectives; outreach.--(A) The plan shall
contain assurances that the area agency on aging will set
specific objectives for providing services to older individuals
with greatest economic need (with particular attention to low-
income minority older individuals), older individuals with
greatest social need (with particular attention to low-income
minority older individuals), and to older individuals residing
in rural areas.
``(B) The plan shall contain assurances that the area agency
on aging will use outreach efforts that will--
``(i) identify individuals eligible for assistance
under chapters 2 and 3, with special emphasis on--
``(I) older individuals residing in rural
areas,
``(II) older individuals with greatest
economic need (with particular attention to
low-income minority older individuals) and
older individuals with greatest social need
(with particular attention to low-income
minority older individuals),
``(III) older individuals with severe
disabilities,
``(IV) older individuals with limited
English-speaking ability, and
``(V) older individuals with Alzheimer's
disease or related disorders with neurological
and organic brain dysfunction (and the
caregivers of such individuals), and
``(ii) inform the older individuals referred to in
subclauses (I) through (V) of clause (i), and the
caregivers of such individuals, of the availability of
such assistance.
``(5) Technical assistance and information; advocacy;
advisory council.--The plan shall provide that the area agency
on aging will--
``(A) furnish appropriate technical assistance, and
information in a timely manner, to providers of
supportive services, nutrition services, or
multipurpose senior centers in the planning and service
area covered by the area plan,
``(B) take into account in connection with matters of
general policy arising in the development and
administration of the area plan, the views of
recipients of services under such plan,
``(C) serve as the advocate and focal point for older
individuals within the community by (in cooperation
with agencies, organizations, and individuals
participating in activities under the plan) monitoring,
evaluating, and commenting on all policies, programs,
hearings, levies, and community actions that will
affect older individuals,
``(D) establish an advisory council consisting of
older individuals who are participants or who are
eligible to participate in programs assisted under this
title, representatives of older individuals, local
elected officials, providers of veterans' health care
(if appropriate), and the general public, to advise
continuously the area agency on aging on all matters
relating to the development of the area plan, the
administration of the plan and operations conducted
under the plan,
``(E) facilitate the coordination of community-based,
long-term care services designed to retain individuals
in their homes, thereby deferring unnecessary, costly
institutionalization, and designed to include the
development of case management services as a component
of the long-term care services,
``(F) facilitate the involvement of long-term care
providers in the coordination of community-based long-
term care services and work to ensure community
awareness of and involvement in addressing the needs of
residents of long-term care facilities,
``(G) coordinate services and activities carried out
under the area plan with--
``(i) activities of community-based
organizations established for the benefit of
older individuals with Alzheimer's disease or
related disorders with neurological and organic
brain dysfunction (and the families of such
individuals), and
``(ii) the mental health services provided by
community health centers and by other public
agencies and nonprofit private organizations,
and
``(H) establish a grievance procedure for older
individuals who are dissatisfied with or denied
services under chapters 2 and 3.
``(6) Volunteers.--The plan shall encourage, and enlist the
services of, local volunteer groups to provide assistance and
services appropriate to the unique needs of older individuals
within the planning and service area, including coordination
with programs carried out under parts A and C of title II of
the Domestic Volunteer Service Act of 1973 (42 U.S.C. 5000 et
seq.).
``(7) Prevention and remediation of the abuse, neglect, or
exploitation of older individuals.--If the area agency on aging
elects to provide a program to prevent and to remediate the
abuse, neglect, or exploitation of older individuals or is
required by the State agency to carry out such program, the
plan shall--
``(A) contain an assurance that the area agency on
aging will conduct such program consistent with the
provisions of this subtitle,
``(B) contain an assurance that the area agency on
aging will provide public education and outreach to
identify and prevent abuse, neglect, and exploitation
of older individuals,
``(C) contain an assurance that the area agency on
aging--
``(i) will establish procedures for receipt
of reports of abuse, neglect, and exploitation
of older individuals, and
``(ii) upon receipt of a report of known or
suspected instances of elder abuse, neglect, or
exploitation, shall promptly refer the reported
matter to the proper authorities for
investigation and action consistent with State
law, and
``(D) specify such other activities that the area
agency determines to be beneficial in the prevention of
abuse, neglect, or exploitation of older individuals
and intends to carry out under such program.
``(8) Description of activities.--The plan shall--
``(A) describe all activities of the area agency on
aging for which financial assistance is provided to
carry out chapters 2 and 3, and
``(B) contain an assurance that such activities
conform with--
``(i) the responsibilities of the area agency
on aging, as set forth in this subsection, and
``(ii) the laws, rules, and policies of the
State in which the area agency on aging is
carrying out an area plan.
``(9) Disclosure of sources and expenditures of funds.--The
plan shall contain an assurance that the area agency on aging
will, on the request of the State and for the purpose of
monitoring compliance with this subtitle (including conducting
an audit), disclose all sources and expenditures of funds such
agency receives or expends to provide services to older
individuals.
``(10) Prohibition on misuse of funds.--The plan shall
contain assurances that funds received from allotments under
section 302(a) will not be used to pay any part of a cost
(including an administrative cost) incurred by the area agency
on aging to carry out a contract or commercial relationship
that is not carried out to implement chapters 2 and 3.
``(11) Prohibition of preference.--The plan shall contain
assurances that preference in receiving services under chapters
2 and 3 will not be given by the area agency on aging to
particular older individuals as a result of a contract or
commercial relationship that is not carried out to implement
such chapters.
``(12) Case management services.--The plan shall provide that
case management services provided under this chapter through
the area agency on aging will--
``(A) not duplicate case management services provided
through other Federal and State programs,
``(B) be coordinated with services described in
subparagraph (A),
``(C) include provision, to consumers, of a list of
available service providers for appropriate care in the
planning and service area served by such agency,
``(D) be provided in a manner that--
``(i) gives each older individual who
requests services under this title a statement
specifying that such individual has the right
to make an independent choice of service
providers, and
``(ii) documents receipt by such individual
of such statement, and
``(E) be provided by--
``(i) a public agency,
``(ii) a nonprofit private agency, or
``(iii) directly by the area agency on aging
only if the area agency on aging is--
``(I) engaged in providing under a
State program services substantially
similar to case management services, or
``(II) designated by the State agency
to provide case management services
directly.
``(13) Voluntary contributions.--The plan shall contain
assurances consistent with the State plan provisions that
satisfy the requirement specified in section 304(a)(17), that
service providers will--
``(A) be required--
``(i) to provide to all older individuals an
opportunity to voluntarily contribute to the
cost of services they receive under this
subtitle from such providers,
``(ii) to protect the privacy of older
individuals with respect to voluntary
contributions described in subparagraph (A),
``(iii) to establish appropriate procedures
to safeguard and account for all such
contributions, and
``(iv) to use such contributions attributable
to supportive services or nutrition services to
increase supportive services or nutrition
services, respectively,
``(B) be permitted--
``(i) to develop a suggested voluntary
contribution schedule based on income
categories of service recipients, taking into
consideration the income ranges of older
individuals in the community, and
``(ii) to furnish written information to each
recipient about the extent of supportive
services and nutrition services provided to
such recipient and the actual cost of such
services, and
``(C) not be permitted--
``(i) to use a means test for the purpose of
selecting older individuals to receive such
services, or
``(ii) to refuse to provide a service to an
older individual because such individual will
not or cannot contribute to the cost of such
service.
``(14) Older individuals with disabilities.--The plan shall
provide, with respect to the needs of older individuals with
disabilities, assurances that the area agency on aging will
coordinate planning, identification, assessment of needs, and
services for older individuals with disabilities (with
particular attention to individuals with severe disabilities)
with the State agency.
``(15) Telephone listing.--The plan shall contain an
assurance that the area agency on aging will list the telephone
number of such agency in each telephone directory that is
published, by the provider of local telephone service, for
residents in any geographical area that lies in whole or in
part in the service and planning area served by such agency--
``(A) under the name `Area Agency on Aging',
``(B) in the unclassified section of the directory,
and
``(C) to the extent possible, in the classified
section of the directory, under a subject heading
designated by the Assistant Secretary by regulation.
``(b) Preservation of Attorney-Client Privilege.--An area agency on
aging may not require any provider of legal assistance under this
chapter to reveal any information that is protected by the attorney-
client privilege.
``(c) State Authority To Withhold Funds.--(1) If the head of a State
agency finds that an area agency on aging has failed to comply with
Federal or State laws, including the area plan requirements of this
section, rules, or policies, the State may withhold from the area
agency on aging a portion of the funds available under the allotment
made under section 302(a).
``(2)(A) The head of a State agency shall not make a final
determination withholding funds under paragraph (1) without first
affording the area agency on aging due process in accordance with
procedures established by the State agency.
``(B) At a minimum, such procedures shall include procedures for--
``(i) providing notice of an action to withhold funds,
``(ii) providing documentation of the need for such action,
and
``(iii) at the request of the area agency on aging,
conducting a public hearing concerning such action.
``(3)(A) If a State agency withholds the funds under paragraphs (1)
and (2), the State agency may use the funds withheld to directly
administer programs under chapters 2 and 3 in the planning and service
area served by the area agency on aging for a period not to exceed 180
days, except as provided in subparagraph (B).
``(B) If the State agency determines that the area agency on aging
has not taken corrective action, or if the State agency does not
approve the corrective action, during the 180-day period described in
subparagraph (A), the State agency may extend the period for not more
than 90 days.
``SEC. 306. PLANNING, COORDINATION, EVALUATION, AND ADMINISTRATION OF
STATE PLANS.
``(a) Grants for State Activities.--(1) Amounts available to States
under section 302(e)(1) may be used to make grants to States to pay
such percentage as each State agency determines, but not more than 75
percent, of the cost of the administration of its State plan,
including--
``(A) the preparation of the State plan,
``(B) the evaluation of activities carried out under such
plan,
``(C) the collection of data and the carrying out of analyses
related to the need for supportive services, nutrition services
(taking into consideration the comparative need for home-
delivered nutrition services and for congregate nutrition
services), multipurpose senior centers, and community service
employment within the State, and dissemination of information
so obtained,
``(D) the provision of short-term training to personnel of
public or nonprofit private agencies and organizations engaged
in the operation of programs, projects, and activities
authorized by chapters 2 and 3, and
``(E) and the carrying out of demonstration projects of
statewide significance relating to the initiation, expansion,
or improvement of services and activities provided under
chapters 2 and 3.
``(2) Any funds available to a State under subsection (b) for part of
the cost of the administration of its State plan that the State
determines is not needed for such purpose may be used by the State to
supplement the amount available under section 302(e)(3)(A) to cover
part of the cost of the administration of area plans.
``(3) The portion of the allotment made available under section
302(e)(1) to a State for any fiscal year, that the State determines
will not be required by the State for such year for the purposes
described in paragraph (1) shall be available to the State to provide
services under chapter 2, chapter 3, or both, in the State.
``(4) Any State that is designated under section 303(a)(1)(E) a
single planning and service area covering all, or substantially all, of
the older individuals in the State, as determined by the Assistant
Secretary, may elect to pay part of the costs of the administration of
State and area plans either out of the amount of funds received under
this section or out of the amount of funds made available for the
administration of area plans under section 302(e)(3)(A), but shall not
pay such costs out of both such amounts.
``(b) Authority To Transfer Funds.--(1)(A) Notwithstanding any other
provision of this subtitle and except as provided in subparagraph (B),
of the funds received by a State attributable to funds appropriated
under subsections (a) and (b) of section 391, the State (after
consultation with area agencies on aging and with service providers)
may elect to transfer not more than 20 percent for any fiscal year
between programs under chapter 2 and programs under chapter 3 for use
as the State considers appropriate. The State shall notify the
Assistant Secretary of any such election.
``(B)(i) If a State demonstrates in an application, to the
satisfaction of the Assistant Secretary, that funds received by the
State and attributable to funds appropriated under subsections (a) and
(b) of section 391, (including funds transferred under subparagraph (A)
without regard to this subparagraph) for any fiscal year are
insufficient to satisfy the need for services under chapter 2 or 3,
then the Assistant Secretary may grant a waiver that permits the State
to transfer under subparagraph (A) to satisfy such need an additional
25 percent of the funds so received for such fiscal year.
``(ii) At a minimum, the application described in clause (i) shall
include a description of the amount to be transferred, the purposes of
the transfer, the need for the transfer, and the impact of the transfer
on the provision of services from which the funding will be
transferred. The Assistant Secretary shall approve or deny the
application in writing.
``(C) Notwithstanding any other provision of this subtitle, with
respect to funds received by a State and attributable to funds
appropriated under paragraph (1) or (2) of section 391(b), the State
may elect in its plan under section 304 regarding chapter 3, to
transfer not more than 50 percent of the funds so received between part
I and part II of such chapter, for use as the State considers
appropriate to meet the needs of the area served.
``(2) After consultation with service providers, a State agency may
delegate to an area agency on aging or any other entity the authority
to make a transfer under paragraph (1).
``(3) The Assistant Secretary shall annually collect, and include in
the report required by section 117, data regarding the transfers
described in paragraph (1), including--
``(A) the amount of funds involved in the transfers, analyzed
by State, and
``(B) in the case of transfers described in paragraph (1),
the effect of the transfers on the provision of services
provided under--
``(i) chapter 2, and
``(ii) chapter 3, including the effect on the number
of meals served.
``SEC. 307. PAYMENTS.
``Payments of grants, or under contracts, made under chapters 2 and 3
may be made (after necessary adjustments resulting from previously made
overpayments or underpayments) in advance or by way of reimbursement,
and in such installments, as the Assistant Secretary may determine.
``CHAPTER 2--SUPPORTIVE SERVICES AND MULTIPURPOSE SENIOR CENTERS
``SEC. 321. PROGRAM AUTHORIZED.
``The Assistant Secretary shall carry out a program for making grants
to States under State plans approved under section 304 for any of the
following supportive services that are necessary for the general
welfare of older individuals:
``(1) Health (including mental health), education and
training, welfare, informational, recreational, homemaker,
counseling, or referral services.
``(2) Services designed to encourage and assist older
individuals to use the facilities and services (including
information and assistance services) available to them,
including language translation services to assist older
individuals with limited-English speaking ability to obtain
services under this chapter.
``(3) Services designed--
``(A) to assist older individuals to obtain adequate
housing, including residential repair and renovation
projects designed to enable older individuals to
maintain their homes in conformity with minimum housing
standards,
``(B) to adapt homes to meet the needs of older
individuals with disabilities,
``(C) to prevent unlawful entry into residences of
older individuals, through the installation of security
devices and through structural modifications or
alterations of such residences, or
``(D) to receive applications from older individuals
for housing under section 202 of the Housing Act of
1959 (12 U.S.C. 1701Q) or under any federally assisted
housing program designed to assist older individuals.
``(4) Services designed to assist older individuals to avoid
institutionalization, and services designed to assist
individuals in long-term care institutions who are able to
return to their communities, including--
``(A) client assessment services, and development and
coordination of community-based services,
``(B) in-home services for frail older individuals,
including services for older individuals with
Alzheimer's disease and related disorders with
neurological and organic brain dysfunction (and for
families of such individuals),
``(C) supportive activities to meet the special needs
of caretakers, including caretakers who provide in-home
services to frail older individuals, and
``(D) in-home and other community-based services to
assist older individuals to live independently in a
home environment, including home health, homemaker,
shopping, escort, reader, and letter-writing services.
``(5) Services designed to provide to older individuals
information and counseling relating to making choices offered
under titles XVIII and XIX of the Social Security Act (relating
to Medicare and Medicaid), and other health care plans.
``(6) Services designed to provide to older individuals legal
assistance and other counseling services and assistance,
including--
``(A) tax counseling and assistance, financial
counseling, and counseling regarding appropriate health
and life insurance coverage,
``(B) representation--
``(i) of individuals who are wards (or are
allegedly incapacitated), and
``(ii) in guardianship proceedings of older
individuals who seek to become guardians, if
other adequate representation is unavailable in
the proceedings, and
``(C) provision, to older individuals who provide
uncompensated care to their adult children with
disabilities, of counseling to assist such older
individuals with permanency planning for such children.
``(7) Services designed to enable older individuals to attain
and maintain physical and mental well-being through programs of
regular physical activity.
``(8) Activities designed to promote disease prevention and
health promotion.
``(9) Services designed to provide, for older individuals,
preretirement counseling and assistance in planning for and
assessing future post-retirement needs with regard to public
and private insurance, public benefits, lifestyle changes,
relocation, legal matters, leisure time, and other appropriate
matters.
``(10) Services of an ombudsman to receive, investigate, and
act on complaints by older individuals who are residents of
long-term care facilities and to advocate for the well-being of
such individuals.
``(11) Services that are designed to meet the unique needs of
older individuals who are disabled, and of older individuals
who provide uncompensated care to their adult children with
disabilities.
``(12) Services to encourage the employment of older
individuals, including job and second career counseling and,
where appropriate, job development, referral, and placement.
``(13) Services for the prevention of abuse, neglect, or
exploitation of older individuals.
``(14) Crime prevention services and victim assistance
programs for older individuals.
``(15) Health and nutrition education services, including
information concerning prevention, diagnosis, treatment, and
rehabilitation of age-related diseases and chronic disabling
conditions.
``(16) Services designed to enable mentally impaired older
individuals to attain and maintain emotional well-being and
independent living through a coordinated system of supportive
services.
``(17) Services designed to provide information and training
for individuals who are or may become guardians or
representative payees of older individuals, including
information on the powers and duties of guardians and
representative payees and on alternatives to guardianships.
``(18) Services to encourage and facilitate regular
interaction between school-age children and older individuals,
including visits in long-term care facilities, multipurpose
senior centers, and other settings.
``(19) Services to assist in the operation of multipurpose
senior centers.
``(20) Services that provide reasonable opportunities for
older individuals to participate on a voluntary basis in
multigenerational activities.
``(21) Transportation services to facilitate access to the
services authorized by this subsection to be provided.
``(22) Any other services.
``CHAPTER 3--NUTRITION SERVICES
``PART I--CONGREGATE NUTRITION SERVICES
``SEC. 331. PROGRAM AUTHORIZED.
``The Assistant Secretary shall carry out a program for making grants
to States under State plans approved under section 304 for the
establishment and operation of nutrition projects--
``(1) which, 5 or more days a week (except in a rural area
where such frequency is not feasible (as defined by the
Assistant Secretary by regulation) and a lesser frequency is
approved by the State agency), provide at least one hot or
other appropriate meal per day and any additional meals which
the recipient of a grant or contract under this subpart may
elect to provide,
``(2) which shall be provided in congregate settings
(including adult day care settings), and
``(3) which may include nutrition education services and
other appropriate nutrition services for older individuals.
``PART II--HOME DELIVERED NUTRITION SERVICES
``SEC. 334. PROGRAM AUTHORIZED.
``The Assistant Secretary shall carry out a program for making grants
to States under State plans approved under section 304 for the
establishment and operation of nutrition projects for older individuals
which, 5 or more days a week (except in a rural area where such
frequency is not feasible (as defined by the Assistant Secretary by
regulation) and a lesser frequency is approved by the State agency),
provide at least one home delivered hot, cold, frozen, dried, canned,
or supplemental foods (with a satisfactory storage life) meal per day
and any additional meals which the recipient of a grant or contract
under this subpart may elect to provide.
``PART III--ADDITIONAL REQUIREMENTS
``SEC. 337. NUTRITION.
``A State that establishes and operates a nutrition project under
this chapter shall--
``(1) solicit the advice of a dietitian or individual with
comparable expertise in the planning of nutritional services,
and
``(2) ensure that the project--
``(A) provides meals that--
``(i) comply with the Dietary Guidelines for
Americans, published by the Secretary and the
Secretary of Agriculture,
``(ii) provide to each participating older
individual--
``(I) a minimum of 33\1/3\ percent of
the daily recommended dietary
allowances as established by the Food
and Nutrition Board of the Institute of
Medicine of the National Academy of
Sciences, if the project provides 1
meal per day,
``(II) a minimum of 66\2/3\ percent
of the allowances if the project
provides 2 meals per day, and
``(III) 100 percent of the allowances
if the project provides 3 meals per
day, and
``(iii) to the maximum extent practicable,
are adjusted to meet any special dietary needs
of program participants,
``(B) provides flexibility to local nutrition
providers in designing meals that are appealing to
program participants,
``(C) encourages providers to enter into contracts
that limit the amount of time meals must spend in
transit before they are consumed,
``(D) where feasible, encourages arrangements with
schools and other facilities serving meals to children
in order to promote intergenerational meal programs,
``(E) provides that meals, other than in-home meals,
are provided in settings in as close proximity to the
majority of eligible older individuals' residences as
feasible,
``(F) ensures that meal providers carry out such
project with the advice of dietitians (or individuals
with comparable expertise), meal participants, and
other individuals' knowledgeable with regard to the
needs of older individuals,
``(G) ensures that each participating area agency on
aging establishes procedures that allow nutrition
project administrators the option to offer a meal, on
the same basis as meals provided to participating older
individuals, to individuals providing volunteer
services during the meal hours, and to individuals with
disabilities who reside at home with and accompany
older individuals eligible under this chapter,
``(H) ensures that nutrition services will be
available to older individuals and to their spouses,
and may be made available to individuals with
disabilities who are not older individuals but who
reside in housing facilities occupied primarily by
older individuals at which congregate nutrition
services are provided, and
``(I) provide for nutrition screening and, where
appropriate, for nutrition education and counseling.
``CHAPTER 4--DISASTER RELIEF REIMBURSEMENTS
``SEC. 341. DISASTER RELIEF REIMBURSEMENTS.
``(a)(1) The Assistant Secretary may provide reimbursements to any
State (or tribal organization that receives a grant under title II),
upon application for such reimbursement, for funds such State (or such
tribal organization) makes available to area agencies on aging in such
State for the delivery of supportive services (and related supplies)
during any major disaster declared by the President in accordance with
the Robert T. Stafford Relief and Emergency Assistance Act.
``(2) Total payments to all States (and tribal organizations) under
paragraph (1) in any fiscal year shall not exceed .05 percent of the
total amount appropriated and available to carry out title III.
``(3) If the Assistant Secretary decides, in the 5-day period
beginning on the date such disaster is declared by the President, to
provide an amount of reimbursement under paragraph (1) to a State (or
tribal organization), then the Assistant Secretary shall provide not
less than 75 percent of such amount to such State (or tribal
organization) not later than 5 days after the date of such decision.
``(b)(1) At the beginning of each fiscal year the Assistant Secretary
shall set aside, for payment to States (and tribal organizations) under
subsection (a), an amount equal to .05 percent of the total amount
appropriated and available to carry out title III.
``(2) Amounts set aside under paragraph (1) which are not obligated
by the end of the third quarter of any fiscal year shall be made
available to carry out title III.
``(c) Nothing in this section shall be construed to prohibit
expenditures by States (or tribal organizations) for disaster relief
for older individuals in excess of amounts reimbursable under this
section, by using funds made available to them under other sections of
this Act or under other provisions of Federal or State law, or from
private sources.
``Subtitle B--Disease Prevention and Health Promotion Services Program
Authorized
``SEC. 351. PROGRAM AUTHORIZED.
``(a) The Assistant Secretary shall carry out a program for making
grants to States under State plans approved under section 304 to
provide disease prevention and health promotion services and
information at multipurpose senior centers, at congregate meal sites,
through home delivered meals programs, or at other appropriate sites.
In carrying out such program, the Assistant Secretary shall consult
with the Director of the Centers for Disease Control and Prevention and
the Director of the National Institute on Aging.
``(b) The Assistant Secretary shall, to the extent possible, ensure
that services provided by other community organizations and agencies
are used to carry out the provisions of this subtitle.
``SEC. 352. DISTRIBUTION TO AREA AGENCIES ON AGING.
``The State agency shall give priority, in carrying out this
subtitle, to areas of the State--
``(1) which are medically underserved, and
``(2) in which there is a large number of older individuals
who have the greatest economic need for such services.
``SEC. 353. DEFINITION.
``As used in this subtitle, the term `disease prevention and health
promotion services' means--
``(1) health risk assessments,
``(2) routine health screening,
``(3) nutritional counseling and educational services for
individuals and their primary caregivers,
``(4) health promotion programs,
``(5) programs regarding physical fitness,
``(6) home injury control services,
``(7) screening for the prevention of depression,
coordination of community mental health services, provision of
educational activities, and referral to psychiatric and
psychological services,
``(8) information and outreach services relating to the
prevention, diagnosis, and treatment of osteoporosis,
``(9) educational programs on the availability, benefits, and
appropriate use of preventive health services covered under
title XVIII of the Social Security Act (42 U.S.C. 1395 et
seq.),
``(10) medication management screening and education to
prevent incorrect medication and adverse drug reactions,
``(11) information concerning age-related diseases and
chronic disabling conditions,
``(12) gerontological counseling, and
``(13) counseling regarding social services and followup
health services based on any of the services described in
paragraphs (1) through (12),
but does not include services for which payment may be made under title
XVIII of the Social Security Act (42 U.S.C. 1395 et seq.).
``Subtitle C--Family Caregiver Programs
``SEC. 361. PROGRAM AUTHORIZED.
``(a) In General.--The Assistant Secretary may make grants to States
under State plans approved under section 304 for systems of support for
families and other individuals who provide family caregiving services
to older individuals.
``(b) Family Caregiver Services.--A system of support for which a
grant made under subsection (a) may be used shall provide--
``(1) information to caregivers who provide family caregiving
services to older individuals, about support services available
to such caregivers,
``(2) assistance to such caregivers in gaining access to such
services,
``(3) individual counseling, organization of support groups,
and training for such caregivers to help families make
decisions and solve problems relating to their roles as
caregivers who provide family caregiving services to older
individuals,
``(4) respite care to enable such caregivers to be
temporarily relieved from their caretaking responsibilities,
and
``(5) in-home services to complement family caregiving
services provided by such caregivers.
``(c) Eligibility.--A grant made under subsection (a) may be used
only for a system of support--
``(1) that provides for caregivers of older individuals any
of the support specified in paragraphs (1), (2), and (3) of
subsection (b),
``(2) that provides for caregivers of frail older individuals
any of the support specified in subsection (b), and
``(3) that gives priority for family caregiver support to
older individuals and families with the greatest social need
and greatest economic need, with particular attention to low-
income older individuals.
``(d) Quality Standards and Accountability.--
``(1) The State shall have in place mechanisms designed to
ensure the quality of services under this subtitle.
``(2) The State shall collect data and furnish records at
such time and in such form as the Assistant Secretary may
require by rule to enable the Assistant Secretary--
``(A) to monitor--
``(i) systems of support for which a grant
made under subsection (a) is used, and
``(ii) compliance with this subtitle, and
``(B) to compare the effectiveness of such systems.
``(3) The State shall report to the Assistant Secretary on
the data and information required under paragraph (2),
including the services and activities funded under this
subtitle, and standards and methods by which the quality of
services shall be assured.
``(e) State Option for Cost Sharing.--
``(1) In general.--A State may elect to require cost sharing
under this subtitle for services described in paragraphs (4)
and (5) of subsection (b) (and may elect to require or permit
area agencies on aging to require cost sharing by recipients of
such services under area plans), except that--
``(A) individuals whose income does not exceed the
poverty line shall be exempt from required cost-
sharing, and
``(B) cost-sharing rates for individuals whose income
exceeds the poverty line may be established only on a
sliding-fee scale based on income and shall not be
effective unless and until approved under paragraph
(2).
``(2) Assistant secretary approval.--The Assistant Secretary
may approve cost-sharing rates established in accordance with
paragraph (1)(B).
``(3) Income determinations.--For purposes of this subtitle,
the income of an older individual shall be determined by self-
declaration.
``(4) Inability to pay cost.--An older individual will not be
denied a service under this subtitle because of the inability
of such individual to pay a share of the cost of such service.
``(f) Coordination With Service Providers.--In carrying out this
subtitle, each area agency on aging shall coordinate with other
community agencies and voluntary organizations that provide the types
of services provided by systems for which grants are made under
subsection (a).
``(g) Limitation on Use of Funds.--
``(1) Use of grant.--A grant made under subsection (a) may
not be used to pay more than 75 percent of the cost of the
system of support for which such grant is made.
``(2) Matching funds.--Not more than 75 percent of the cost
of such system may be paid funds from Federal sources and from
funds received from cost sharing in effect under subsection
(e), in the aggregate.
``Subtitle D--Authorization of Appropriations
``SEC. 391. AUTHORIZATION OF APPROPRIATIONS.
``(a) Supportive Services and Multipurpose Senior Centers.--There are
authorized to be appropriated to carry out chapter 2 of subtitle A
$306,200,000 for fiscal year 2000 and such sums as may be necessary for
years fiscal 2001, 2002, 2003, and 2004.
``(b) Nutrition Services.--
``(1) Congregate nutrition services.--There are authorized to
be appropriated to carry out part I of chapter 3 of subtitle A
$381,700,000 for fiscal year 2000 and such sums as may be
necessary for fiscal years 2001, 2002, 2003, and 2004.
``(2) Home delivered nutrition services.--There are
authorized to be appropriated to carry out part II of chapter 3
of subtitle A $114,200,000 for fiscal year 2000 and such sums
as may be necessary for fiscal years 2001, 2002, 2003, and
2004.
``(c) Disease Prevention and Health Promotion Services Program
Authorized.--There are authorized to be appropriated to carry out
subtitle B $16,400,000 for fiscal year 2000 and such sums as may be
necessary for fiscal years 2001, 2002, 2003, and 2004.
``(d) Family Caregiver Support Program.--There is authorized to be
appropriated to carry out subtitle C--
``(1) $125,000,000 for fiscal year 2000 if the aggregate
amount appropriated under subsections (a) and (b) of this
section for fiscal year 2000 is not less than the aggregate
amount appropriated under subsections (a) and (b) of section
303 of the Older Americans Act of 1965 for fiscal year 1999,
and
``(2) such sums as may be necessary for fiscal years 2001,
2002, 2003, and 2004 if the aggregate amount appropriated under
subsections (a) and (b) of this section for the particular
fiscal year involved is not less than the aggregate amount
appropriated under such subsections for the preceding fiscal
year.
``SEC. 392. ADDITIONAL FUNDS AVAILABLE FOR NUTRITION SERVICES.
``(a) Funds Available.--In addition to the amount appropriated under
section 391(b), and to provide nutrition services under subtitle A and
title II for each of the fiscal years 2000, 2001, 2002, 2003, and 2004,
the amount appropriated under subsection (e) for such fiscal year shall
be made available to the Assistant Secretary by the Secretary of
Agriculture.
``(b) Division of Funds.--The Assistant Secretary shall divide the
funds made available under subsection (a) so that--
``(1) 98.9 percent of such funds is allotted in accordance
with subsection (c) to provide nutrition services under
subtitle A, and
``(2) the balance is available to make grants under title II
to provide nutrition services.
``(c) Allotments Based on Meals Served.--
``(1) In general.--The Secretary shall allot and pay, to each
State agency with a plan approved under this title for a fiscal
year, and to each tribal organization with an application
approved under section 202 for such fiscal year, an amount
bearing the same ratio to the total amount appropriated for
such fiscal year under subsection (e) as the number of meals
served in the State, under such plan approved for the preceding
fiscal year (or the number of meals served by the tribal
organization, under such application approved for such
preceding fiscal year), bears to the total number of such meals
served in all States and by all tribal organizations under all
such plans and applications approved for such preceding fiscal
year.
``(2) Calculation of allotment for certain tribal
organizations.--For purposes of paragraph (1), in the case of a
tribal organization that has a plan approved under section 202
for a fiscal year but that did not receive assistance under
this section for the preceding fiscal year, the number of meals
served by the tribal organization in the preceding fiscal year
shall be deemed to equal the number of meals that the Assistant
Secretary estimates will be served by the tribal organization
in the current fiscal year.
``(d) Election To Receive Commodities in Lieu of Cash.--
``(1) Election.--A State to which funds are allotted under
subsection (b)(1), or a recipient of a grant referred to in
subsection (b)(2), may elect to receive commodities in lieu of
all or part of such funds or of such grant.
``(2) Purchase of commodities from the secretary of
agriculture.--If a State or grant recipient makes a timely
election under paragraph (1), the Assistant Secretary shall use
the amount of such funds designated by the State, or of such
grant designated by the grant recipient, to purchase
commodities from the Secretary of Agriculture and to make such
commodities available to the State or grant recipient.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $150,000,000 for fiscal year
2000 and such sums as may be necessary for fiscal years 2001, 2002,
2003, and 2004.
``TITLE IV--STATE LONG-TERM CARE OMBUDSMAN PROGRAMS; SERVICES FOR THE
PREVENTION AND REMEDIATION OF ELDER ABUSE, NEGLECT, AND EXPLOITATION
``Subtitle A--Use of Additional Allotments
``SEC. 401. USE OF ALLOTMENTS.
``Funds allotted under section 302(b) shall be made available for a
fiscal year to States that receive funds from allotments made under
section 302(a) for such fiscal year and that agree to use funds
received under this section--
``(1) to carry out a State long-term care ombudsman program
that complies with the requirements of subtitles B and D,
``(2) to provide, through the State agency and in
consultation with area agencies on aging, services for the
prevention and remediation of elder abuse, neglect, and
exploitation and that comply with the requirements of subtitles
C and D, or
``(3) both to carry out the program described in paragraph
(1) and to provide the services described in paragraph (2).
``Subtitle B--State Long-Term Care Ombudsman Program
``SEC. 421. REQUIREMENTS APPLICABLE TO STATE LONG-TERM CARE OMBUDSMAN
PROGRAM.
``To carry out a State long-term care ombudsman program for which
funds received from allotments made under subsections (a) and (b) of
section 302 may be used, a State shall comply with all of the
following:
``(1) Duties.--The State agency shall provide services--
``(A) to identify, to investigate, and to resolve
complaints that--
``(i) are made by or on behalf of older
individuals who are residents of long-term care
facilities, and
``(ii) relate to action, inaction, or
decisions that may adversely affect the health,
safety, welfare, or rights of such residents
(including the welfare and rights of such
residents with respect to the appointment and
activities of guardians and representative
payees), of providers (or representatives of
providers) of long-term care services, public
agencies, or health and social service
agencies,
``(B) provide services to assist such residents in
protecting the health, safety, welfare, and rights of
such residents,
``(C) inform such residents about means of obtaining
services provided by providers or agencies described in
subparagraph (A)(ii) or services described in
subparagraph (A),
``(D) ensure that such residents have regular and
timely access to the services provided through the
State long-term care ombudsman program and that such
residents and complainants receive from program
representatives of the State agency timely responses to
complaints,
``(E) represent the interests of such residents
before governmental agencies and seek administrative,
legal, and other remedies to protect the health,
safety, welfare, and rights of the residents,
``(F) provide administrative and technical assistance
to entities designated under paragraph (6) to assist
the entities in participating in the program,
``(G) analyze, comment on, and monitor the
development and implementation of Federal, State, and
local laws, rules, and other governmental policies and
actions, that pertain to the health, safety, welfare,
and rights of the residents, with respect to the
adequacy of long-term care facilities and services in
the State,
``(H) provide for training program representatives of
the State agency, and
``(I) carry out such other activities as the State
agency determines to be appropriate.
``(2) Contracts and arrangements.--(A) Except as provided in
subparagraph (B), the State agency may carry out the State
long-term care ombudsman program, directly, or by contract or
other arrangement with any public agency or nonprofit private
organization.
``(B) For purposes of subparagraph (A), the State agency may
not enter into a contract or other arrangement with--
``(i) an agency or organization that is responsible
for licensing or certifying long-term care services in
the State, or
``(ii) an association (or an affiliate of such an
association) of long-term care facilities, or of any
other residential facilities for older individuals.
``(3) Designation of local ombudsman entities and
representatives.--(A) In carrying out the duties specified in
paragraph (1), the State agency may designate an entity as a
local ombudsman entity, and may designate an individual
(including an employee or volunteer) to represent the entity.
``(B) An individual so designated may, in accordance with the
policies and procedures established by the State agency--
``(i) provide services to protect the health, safety,
welfare, and rights of older individuals who are
residents of long-term care facilities,
``(ii) ensure that residents in the service area of
the entity have regular, timely access to
representatives of the State long-term care ombudsman
program and timely responses to complaints and requests
for assistance,
``(iii) identify, investigate, and resolve complaints
made by or on behalf of such residents that relate to
action, inaction, or decisions, that may adversely
affect the health, safety, welfare, or rights of such
residents,
``(iv) represent the interests of such residents
before government agencies and seek administrative,
legal, and other remedies to protect the health,
safety, welfare, and rights of such residents,
``(v) review, and if necessary, comment on existing
and proposed laws, rules, and other government policies
and actions, that pertain to the rights and well-being
of such residents,
``(vi) facilitate the ability of the public to
comment on such laws, rules, policies, and actions,
``(vii) support the development of resident and
family councils, and
``(viii) carry out other activities that the State
agency determines to be appropriate.
``(C)(i) The State agency shall establish policies and
procedures for monitoring local ombudsman entities designated
to carry out the duties specified in paragraph (1).
``(ii) If the entities are grantees, or the representatives
are employees, of area agencies on aging, the State agency
shall develop such policies after consultation with such area
agencies on aging. Such policies shall provide for
participation and comment by such area agencies on aging and
for resolution of concerns with respect to case activity.
``(iii) The State agency shall develop the policies and
procedures in accordance with all provisions of this subtitle
regarding confidentiality and conflict of interest.
``(4) Procedures for access.--The State shall ensure, and
shall establish procedures that ensure, that program
representatives of the State agency shall have--
``(A) access to long-term care facilities and
residents,
``(B)(i) appropriate access to review the medical and
social records of a resident, if the program
representative involved has the permission of the
resident (or the legal representative of the resident),
or the resident is unable to consent to the review and
has no legal representative, or
``(ii) access to such records as is necessary to
investigate a complaint if a legal guardian of the
resident refuses to give the permission, a program
representative of the State agency has reasonable cause
to believe that the guardian is not acting in the best
interests of the resident, and the program
representative obtains the approval of the State
agency,
``(C) access to the administrative records, policies,
and documents, to which the residents have or the
general public has access, of long-term care
facilities, and
``(D) access to and, on request, copies of all
licensing and certification records maintained by the
State with respect to long-term care facilities.
``(5) Reporting system.--The State agency shall collect and
analyze data relating to complaints and conditions in long-term
care facilities and to older individuals who are residents of
long-term care facilities, for the purpose of identifying and
resolving significant problems.
``(6) Disclosure.--(A) The State agency shall establish
procedures for the disclosure by the State agency or local
ombudsman entities of files maintained by the State long-term
care ombudsman program, including records and data described in
paragraphs (4) and (5).
``(B) The procedures described in subparagraph (A) shall
provide that, the files and records described in subparagraph
(A) may be disclosed only at the discretion of the State
agency. The procedures described in subparagraph (A) shall
prohibit the disclosure of the identity of any complainant, or
resident of a long-term care facility, with respect to whom the
State agency maintains such files or records unless--
``(i) the complainant or resident, or the legal
representative of the complainant or resident, consents
to the disclosure and the consent is given in writing,
``(ii) the complainant or resident gives consent
orally and the consent is documented contemporaneously
in writing made by a program representative of the
State agency in accordance with such requirements as
the State agency shall establish, or
``(iii) the disclosure is required by court order.
``(7) Consultation.--In planning and operating the State
long-term care ombudsman program, the State agency shall
consider the views of area agencies on aging, older
individuals, and providers of long-term care.
``(8) Conflict of interest.--The State agency shall develop
procedures to prevent conflicts of interest with respect to
individuals and entities that carry out activities under the
State long-term care ombudsman program.
``(9) Legal counsel.--The State agency shall ensure that--
``(A)(i) adequate legal counsel is available and able
to provide advice and consultation needed to protect
the health, safety, welfare, and rights of older
individuals who are residents of long-term care
facilities, and to assist the program representatives
of the State agency in the performance of the official
duties of the State agency, and
``(ii) legal representation is provided to any
program representative of the State agency against whom
suit or other legal action is brought or threatened to
be brought in connection with the performance of the
official duties of the State agency or such a
representative, and
``(B) the State agency pursues administrative, legal,
and other appropriate remedies on behalf of such
residents.
``(10) Liability.--The State shall ensure that no program
representative of the State agency will be liable under State
law for the good faith performance of official duties.
``(11) Noninterference.--The State shall--
``(A) ensure that willful interference with the State
agency in the performance of the official duties under
the State long-term care ombudsman program shall be
unlawful,
``(B) prohibit retaliation and reprisals by a long-
term care facility or other entity with respect to any
resident, employee, or other person for filing a
complaint with, providing information to, or otherwise
cooperating with any representative of, the State
agency, and
``(C) provide for appropriate sanctions with respect
to such interference and such retaliation and
reprisals.
``Subtitle C--Prevention and Remediation of Elder Abuse, Neglect, and
Exploitation
``SEC. 441. REQUIREMENTS APPLICABLE TO PROVIDING SERVICES TO PREVENT
AND TO REMEDIATE ELDER ABUSE, NEGLECT, AND
EXPLOITATION.
``To provide services to prevent and to remediate elder abuse,
neglect, and exploitation, for which funds received from allotments
made under sections 302(a) and 302(b) may be used, a State shall
include in the State plan required by section 304 all of the following:
``(1) Immunity.--An assurance that the State has in effect
laws relating to elder abuse, neglect, and exploitation that
include provisions for immunity for persons who report, in good
faith, instances of elder abuse, neglect, and exploitation,
from prosecution under any State or local law arising out of
such reporting.
``(2) Training.--An assurance that individuals who provide
services to prevent and to remediate elder abuse, neglect, and
exploitation are trained to effectively deal with such reported
instances.
``(3) Prohibition of involuntary participation.--An assurance
that involuntary or coerced participation in services provided
under this subtitle by alleged victims, abusers, or members of
their households will not be permitted.
``(4) Conflict of interest.--An assurance that the State
requires all information gathered in the course of receiving
reports on instances of, and of making referrals relating to
elder abuse, neglect, and exploitation remain confidential--
``(A) unless all parties to such complaint consent in
writing to the release of such information,
``(B) unless the release of such information is to a
law enforcement agency, public protective service
agency, licensing or certification agency, ombudsman
program, or protection or advocacy system, or
``(C) except upon court order.
``(5) Conflicts with other agencies.--An assurance that the
State agency will make all reasonable efforts to resolve any
conflicts with other public agencies with respect to
confidentiality of the information described in paragraph (4).
``(6) Coordination.--An assurance that the State agency will
coordinate its services under this subtitle with law
enforcement officials, courts of competent jurisdiction, and
other relevant State and local programs, including area
agencies on aging and agencies that administer adult protective
services, medicaid fraud and abuse services (including services
provided by a State Medicaid fraud control unit, as defined in
section 1903(q) of the Social Security Act (42 U.S.C.
1396b(q)), and victim assistance programs.
``(7) Participation in decisions.--An assurance that older
individuals participate in decisions regarding their welfare.
``(8) Other activities.--A description of other activities
that the State agency determines to be beneficial in the
prevention and remediation of abuse, neglect, or exploitation
of older individuals and intends to carry out under this
subtitle.
``SEC. 442. MANNER OF PROVIDING OF SERVICES.
``The State agency may provide services under section 441 to prevent
and to remediate elder abuse, neglect, and exploitation either directly
or through contracts or agreements with public or nonprofit private
agencies or organizations, including--
``(1) other State entities,
``(2) area agencies on aging,
``(3) political subdivisions of the State,
``(4) institutions of higher education,
``(5) tribal organizations and Alaska Native organizations,
and
``(6) nonprofit service providers or volunteer organizations.
``Subtitle D--Administrative Provisions; Authorizations of
Appropriations
``SEC. 491. TECHNICAL ASSISTANCE.
``(a) Other Agencies.--In carrying out this title, the Assistant
Secretary may request the technical assistance and cooperation of such
Federal entities as may be appropriate.
``(b) Assistant Secretary.--The Assistant Secretary shall provide
technical assistance and training (by contract, grant, or otherwise) to
individuals and entities that administer activities carried out in
accordance with subtitle B or C.
``SEC. 492. AUDITS.
``(a) Access.--The Assistant Secretary, the Comptroller General of
the United States, and any duly authorized representative of the
Assistant Secretary or the Comptroller shall have access, for the
purpose of conducting an audit or examination, to any books, documents,
papers, and records that are pertinent to financial assistance received
to carry out subtitle B or C.
``(b) Limitation.--In carrying out subtitles B and C, State agencies
and area agencies on aging shall not request information or data from
providers that is not pertinent to services furnished under such
subtitles or to a payment made for the services provided under such
subtitles.
``SEC. 493. AUTHORIZATIONS OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this title
$12,400,000 for fiscal year 2000 and such sums as may be necessary for
fiscal years 2001, 2002, 2003, and 2004.
``TITLE V--COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS
``SEC. 501. SHORT TITLE.
``This title may be cited as the `Older American Community Service
Employment Act of 1999'.
``SEC. 502. ALLOTMENT AND RESERVATION OF FUNDS FOR COMMUNITY SERVICE
EMPLOYMENT.
``(a) Allotment of Funds for Fiscal Years 2000-2004.--
``(1) Base allotment.--The amount appropriated under section
506 for each of the fiscal years 2000 through 2004 shall be
allotted by the Secretary of Labor with respect to the States
as follows:
``(A) For each of the fiscal years 2000, 2001, 2002,
2003, and 2004 such amount appropriated for such fiscal
year, to the extent such amount does not exceed the
aggregate amount the Secretary reserved under section
506(a)(1)(A) of the Older Americans Act of 1965 to
carry out title V of such Act for fiscal year 1999,
shall be allotted with respect to the States
proportionately based on the sum of the respective
shares of such aggregate amount expended in the States
to carry out such title for such fiscal year.
``(B) If such amount appropriated for any of such
fiscal years exceeds such aggregate amount, the excess
amount shall be allotted in accordance with paragraph
(2).
``(2) Allotments based on age and per capita income.--Each
amount referred to in paragraph (1)(B) shall be allotted as
follows:
``(A) Subject to subparagraph (B), with respect to
each State there shall be allotted the amount that
bears the same ratio to the amount so referred to as
the product of the number of individuals 55 years of
age or older in the State and the allotment percentage
of the State bears to the sum of the corresponding
products for all the States.
``(B) The amounts allotted under subparagraph (A)
shall be reduced proportionately to the extent
necessary to increase other allotments under such
subparagraph to achieve the following:
``(i) With respect to each State there shall
be allotted \1/2\ of 1 percent of the amount
appropriated for the fiscal year for which the
determination is made.
``(ii) With respect to each of Guam, American
Samoa, the Virgin Islands of the United States,
and the Commonwealth of the Northern Mariana
Islands there shall be allotted not less than
\1/4\ of 1 percent of the amount appropriated
for the fiscal year for which the determination
is made or $50,000, whichever is greater.
``(3) Allotment percentage.--For purposes of paragraph
(2)(A)--
``(A) except as provided in subparagraph (B), the
allotment percentage of each State shall be 100 percent
less that percentage which bears the same ratio to 50
percent as the per capita income of the State bears to
the aggregate per capita income of all the States,
except that the allotment percentage shall be not more
than 75 percent and not less than 33\1/3\ percent, and
``(B) the allotment percentage for the District of
Columbia, the Commonwealth of Puerto Rico, Guam,
American Samoa, the Virgin Islands of the United
States, and the Commonwealth of the Northern Mariana
Islands shall be 75 percent.
``(4) Limitation.--For purposes of paragraphs (2)(B)(i) and
(3)(A), the term `State' does not include Guam, American Samoa,
the Virgin Islands of the United States, or Commonwealth of the
Northern Mariana Islands.
``(5) Population and per capita income determinations.--For
purposes of this subsection, the number of individuals 55 years
of age or older in each State, and the per capita income of
each State, shall be determined by the Secretary on the basis
of the most satisfactory data available to the Secretary.
``(b) Reservation of Allotted Funds.--Subject to subsection (c), the
Secretary shall reserve funds allotted under subsection (a) as follows:
Percent of
Allotment Reserved
for Grants to Percent of
Allotment with Respect to the National Allotment Reserved
State for Fiscal Year: Organizations to for Grants to the
Carry Out Projects State:
in the State:
2000 73.4 26.6
2001 68.8 31.2
2002 64.2 35.8
2003 59.6 40.4
2004 55 45.
``(c) Penalty Adjustment to Reserved Amounts.--(1) If the recipient
of a grant under section 503(a)(1) fails (directly or through the
operation of projects carried out under agreements made under section
503(b) by such recipient) in a fiscal year to comply with the
requirements of this title or fails to substantially meet the
applicable performance standards in effect under section 503(h), then
the Secretary may, in the discretion of the Secretary, reduce the
amount of the grant such recipient would receive under section
503(a)(1) in the succeeding fiscal year but for the operation of this
subsection, by an amount, based on the extent of the failure but not to
exceed 15 percent of such grant for such succeeding fiscal year, and--
``(A) if such recipient is a State, may make the amount of
the reduction in such grant available to make grants under
section 503(a)(1) to eligible organizations to carry out
projects in such State, or
``(B) if such recipient is an organization, may make the
amount of the reduction in such grant available to make grants
under section 503(a)(1) to--
``(i) the State in which such recipient carried out
the project that is the basis of the reduction, or
``(ii) other eligible organizations to carry out
projects in the State referred to in clause (i).
``(2) If the recipient of a grant under section 503(a)(1) fails in 3
consecutive fiscal years (directly or through the operation of projects
carried out under agreements made under section 503(b) by such
recipient) to comply with the requirements of this title or to
substantially meet the applicable performance standards in effect under
section 503(h), then the Secretary shall make the applicable reduction
described in paragraph (1) and may make the amount of such reduction
available to make grants in accordance with subparagraphs (A) and (B)
of such paragraph.
``(3) In making any reduction under paragraph (1) or (2), the
Secretary shall ensure, to the maximum extent practicable, that older
individuals who were employed immediately before such reduction is
made, in projects for which the reduced grant will be used shall
continue to be employed in projects for which agreements are made under
section 503(b) for such succeeding fiscal year.
``SEC. 503. OLDER AMERICAN COMMUNITY SERVICE EMPLOYMENT PROGRAM.
``(a) Authority for Program.--(1) With funds reserved under section
502(b), the Secretary shall make grants to eligible States, and on a
competitive basis taking into account performance reports submitted
under subsection (j) or other information relating to past performance
similar to performance of the kind described in such reports, to public
and nonprofit private national organizations, for the purpose of
providing to unemployed low-income older individuals who have poor
employment prospects, employment opportunities in providing community
services.
``(2)(A)(i) Subject to clause (ii), not less than 85 percent of each
grant made under paragraph (1), and not less than 85 percent of the
funds received by an entity under each agreement made under subsection
(b), shall be used to pay wages and benefits for older individuals who
are employed under agreements made under subsection (b).
``(ii) On the request of the recipient of such grant and based on
information submitted to the Secretary by such applicant, the Secretary
may waive the requirement specified in clause (i) applicable to
entities that make agreements under subsection (b) with such applicant,
so as to permit such applicant to allow any of such entities to use not
more than 5 percent (in the aggregate) of the funds received under
their respective agreements--
``(I) to provide employment-related counseling to such
individuals,
``(II) to provide employment-related supportive services to
such individuals, and
``(III) to pay employment-related transportation costs,
if the Secretary determines that the use of additional funds is
necessary to carry out the activities described in subclauses (I),
(II), or (III).
``(B)(i) Except as provided in clause (ii), not more than 13.5
percent of such grant may be used to pay administrative costs and costs
incurred--
``(I) to provide the training described in subsection
(c)(2)(H), and
``(II) to perform the assessment described in subsection
(c)(2)(L).
``(ii) At the request of the recipient of a grant made under
paragraph (1) and based on information submitted to the Secretary by
such recipient, the Secretary may permit such recipient to use a
greater part of such grant, but not more than 15 percent of such grant,
to pay the administrative costs described in clause (i) if the
Secretary determines that the use of such greater part to pay such
costs is necessary to carry out the projects with respect to which such
request is made.
``(C) To the maximum extent practicable, an entity that carries out a
project under an agreement made under subsection (b) shall provide for
the payment of the costs described in subparagraph (B) from non-Federal
sources.
``(b) Eligibility for Grants.--To be eligible to receive a grant
under subsection (a), a State, or public or private nonprofit national
organization, shall submit to the Secretary an application in such form
and containing such information as the Secretary may require by rule,
including an assurance that such grant will be used by the State or the
organization to carry out projects (excluding projects involving the
construction, operation, or maintenance of any facility used or to be
used as a place for sectarian religious instruction or worship) for the
purpose specified in subsection (a) through the following types of
agreements that satisfy the requirements of subsection (c) and that
provide for meeting specifications the State or the organization shall
establish and the performance standards in effect under subsection (i):
``(1) Agreements may be made by the State or the organization
with--
``(A) public or nonprofit private agencies or
organizations,
``(B) political subdivisions of States having elected
or duly appointed governing officials (or combinations
of such political subdivisions),
``(C) tribal organizations,
``(D) area agencies on aging, and
``(E) national organizations, and State and local
affiliates of national organizations,
to pay the cost of providing part-time employment to older
individuals described in subsection (a).
``(2) At the election of the State or the organization, not
more than 5 percent of the grant received under subsection (a)
may be used to make agreements with businesses (giving special
consideration to businesses in growth industries) to pay not
more than 50 percent of the cost of providing part-time or
full-time employment to older individuals described in
subsection (a).
``(c) Requirements.--Subject to subsection (d), this subsection shall
apply to agreements made under subsection (b).
``(1) Each such agreement shall be made after consideration
of the following, as demonstrated by the entity that proposes
to carry out a project to provide employment to older
individuals described in subsection (a):
``(A) The ability of such entity to provide community
service employment and to satisfy the requirements of
this title.
``(B) The ability to meet applicable specifications
and performance standards referred to in subsection
(b).
``(C) The ability to provide employment-related
supportive services to assist older individuals
described in subsection (a) to participate in
employment provided by the project.
``(D) The effective use of funds to be received under
such agreement, to pay administrative costs of the
project and to pay wages and benefits for such
individuals who are participating in employment
provided by the project.
``(2) Each such agreement shall provide that no payment shall
be made by the State, or by the public or nonprofit private
national organization toward the cost of the project unless the
State or the organization determines that the project, and the
entity that carries out the project, will satisfy all of the
following:
``(A)(i) The entity that carries out the project will
use funds received under such agreement that are
attributable to a grant made under subsection (a) or
any other Federal law, to pay not more than 85 percent
of the cost of the project.
``(ii) The non-Federal share of such cost will be
contributed in cash or in kind. In determining the
amount of the non-Federal share, the Secretary may
attribute fair market value to services and facilities
contributed from non-Federal sources.
``(B) The project will provide employment only for
older individuals described in subsection (a), except
for necessary technical, administrative, and
supervisory personnel, but such personnel shall, to the
fullest extent possible, be recruited from among older
individuals described in subsection (a).
``(C)(i) If such agreement is made with a State, the
project will provide employment for such individuals in
the community in which such individuals reside, or in
nearby communities.
``(ii) If such agreement is made with a tribal
organization, the project will provide employment for
such individuals who are Indians residing on or near an
Indian reservation.
``(D) The project (except with respect to an
agreement described in subsection (b)(2)) will employ
such individuals in services related to publicly owned
and operated facilities and projects, or related to
projects sponsored by organizations (other than
political parties) described in section 501(c)(3) of
the Internal Revenue Code of 1986 that are exempt from
taxation under section 501(a) of such Code.
``(E) The project will contribute to the general
welfare of the community.
``(F) The project will--
``(i) result in an increase in employment
opportunities over those opportunities that
would otherwise be available,
``(ii) not result in the displacement of
currently employed workers (including partial
displacement, such as a reduction in the hours
of nonovertime work or wages or employment
benefits), and
``(iii) not impair existing contracts or
result in the substitution of Federal funds for
other funds in connection with work that would
otherwise be performed.
``(G) The project will utilize methods of recruitment
and selection (including listing of job vacancies with
the employment agency operated by any State or
political subdivision thereof) that will ensure that
the maximum number of older individuals described in
subsection (a) will have an opportunity to participate
in the project.
``(H)(i) The project will include such training as
may be necessary to make the most effective use of the
skills and talents of such individuals who are
participating and assist in their transition into
employment for which no financial assistance is
provided under this title, and may provide for the
payment of the reasonable expenses of such individuals
being trained.
``(ii) Unless the number of such individuals in need
of the training required by clause (i) is sufficient to
justify the establishment of a training program by the
project, such training shall be provided, to the
maximum extent practicable, by the project by placing
such individuals in training programs for which Federal
or State funds are provided under another law. Such
individuals who participate in such training programs
shall be deemed to have received the training required
by clause (i).
``(I) The project will provide to older individuals
described in subsection (a) who are employed in the
project, wages at rates that are--
``(i) the same rates (including periodic
increases) as employees who are similarly
situated in similar occupations by the same
employer and who have similar training,
experience, and skills, and
``(ii) in accordance with applicable law but
are not less than the higher of the rate
specified in section 6(a)(1) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 206(a)(1)) or
rate required by the applicable State or local
minimum wage law.
``(J) The project will be established or administered
with the advice of individuals competent in the field
of service in which employment is being provided, and
of individuals who are knowledgeable with regard to the
needs of older individuals.
``(K) The project may authorize payment for
reasonable transportation costs of older individuals
described in subsection (a) that may be incurred in
employment in the project.
``(L) The project will prepare an assessment of--
``(i) the participating older individuals'
skills and talents,
``(ii) their need for supportive services,
and
``(iii) their ability to perform community
service employment,
except to the extent the project has, for the
particular participant involved, an assessment of such
skills and talents, such need, or such capabilities
prepared recently pursuant to another employment or
training program.
``(M) The project will, to the maximum extent
feasible, serve the needs of minority, limited English-
speaking ability, and Indian eligible individuals, and
eligible individuals with greatest economic need.
``(N) The entity that carries out the project will
post in the project workplace a notice, and will make
available to each individual associated with the
project a written explanation, clarifying the law with
respect to allowable and unallowable political
activities under chapter 15 of title 5, United States
Code, applicable to the project and to each category of
individuals associated with the project.
``(O) In providing employment opportunities under the
project, such entity will give priority to low-income
individuals who are 60 years of age or older.
``(P) Before the end of the fiscal year during which
the entity carries out the project, such entity will
demonstrate, to the State or national organization with
which the entity made such agreement, that such entity
has met the applicable performance standards in effect
under subsection (h).
``(d) Prerequisite Requirements.--(1) Before making agreements under
subsection (b) and after consultation with the appropriate area
agencies on aging, with other organizations that received funds under
this title in the preceding fiscal year, and with State and local
agencies responsible for carrying out public employment and training
programs, a recipient of a grant made under subsection (a)(1) for a
fiscal year shall--
``(A) make a determination--
``(i) identifying the localities in the State in
which projects described in subsection (b) are most
needed,
``(ii) in making such determination, consider the
local employment situations and the types of skills
possessed by available local older individuals
described in subsection (a), and
``(iii) identify potential projects and the number
and percentage of such individuals in the local
population.
``(B) in consultation and coordination--
``(i) with State and local agencies responsible for
carrying out employment and training programs, and
``(ii) for the purpose of providing increased
employment opportunities in underserved areas, with all
other recipients of grants under subsection (a)(1) who
propose to carry out projects under this title in the
same State as such recipient,
select the projects such recipient will carry out through
agreements made under subsection (b), and
``(C) establish effective linkages with private entities that
promote employment and training opportunities for older
individuals.
``(2) To the maximum extent practicable, such recipient shall ensure
that entities that carry out projects under agreements made under
subsection (b) provide employment under this title to older individuals
who immediately before the effective date of this title were employees
under an agreement made under section 502(b) of the Older Americans Act
of 1965.
``(3) To the maximum extent practicable, a State that receives a
grant under this title for fiscal year 2000, 2001, 2002, 2003, and 2004
shall use not less than the following percentage of such grant, to
preserve particular older individuals in the particular employment
positions that were held by such individuals as a result of grants made
under title V of the Older Americans Act of 1965 or under this title by
the Secretary for the preceding fiscal year to non-State recipients for
expenditure in such State:
Grant for Fiscal Year Percent of Grant
2000 4.6
2001 4.6
2002 4.6
2003 4.6
2004 4.6.
``(e) Equitable Use of Funds.--To the maximum extent practicable,
each recipient of a grant under subsection (a)(1) shall use funds
available to carry out this title to make agreements under subsection
(b) in an equitable manner, taking into consideration--
``(1) the number of eligible older individuals in the various
geographical areas,
``(2) the relative distribution of such individuals among
urban and rural areas, and
``(3) the consultation and coordination required by
subsection (d).
``(f) Prior Submission of Project Description.--Whenever an entity
(other than an area agency on aging for the planning and service area
in which the project will be conducted) conducts a project under an
agreement made under subsection (b) within a planning and service area
in a State, such entity shall conduct the project in consultation with
the area agency on aging of the planning and service area and shall
submit to the area agency on aging, not less than 30 days before
undertaking the project, a description (including the location) of the
project.
``(g) Alternative Work Modes; Technical Assistance.--Recipients of
grants under subsection (a)(1) may develop alternatives for innovative
work modes and provide technical assistance in creating employment
opportunities through work sharing and other experimental methods to
groups representing business and industry and workers, as well as to
individual employers, where appropriate.
``(h) Performance Standards.--(1) The Secretary shall establish by
rule, and amend from time to time, objective performance standards that
provide measurements to quantify the extent to which projects carried
out under agreements made under subsection (b) meet such standards and
shall require at a minimum the recipients of grants under subsection
(a)(1) to assess, and to report timely before the end of each fiscal
year to the Secretary, the extent to which such standards (expressed in
objective, quantifiable, measurable form) are met by each entity that
carries out any of such projects and by such recipients, to show
progress of recipients in continuously improving performance. Such
standards shall include the following:
``(A) A standard requiring that not less than 18 percent of
project participants should be placed annually, and after
placement should remain employed for not less than 30 days, in
employment for which no financial assistance is provided under
this title.
``(B) A standard requiring a specific percentage increase in
the number of employment opportunities provided in hard-to-
serve areas, including rural areas, areas with high
unemployment, and areas with a significant population groups of
underserved older individuals.
``(C) A standard providing for the measurement of--
``(i) the number of older individuals who receive
services provided by such projects, and
``(ii) the extent to which project participants are
satisfied with such services.
``(D) A standard requiring a specific percentage increase in
employment opportunities to be provided in underserved areas.
``(E) A standard applicable for determining compliance with
the consultation and coordination requirements specified in
subsection (d)(1).
``(2) The Secretary shall establish uniform criteria for determining
the extent to which each such entity and each such recipient meets such
standards.
``(3) For purposes of determining whether such recipients fail,
directly or through the operation of projects carried out in a State
under agreements made under section 503(b), to meet such standards, the
Secretary may adjust the application of such standards with respect to
such projects if--
``(A) the chief executive officer of such State submits to
the Secretary a request to so adjust such standards, and
``(B) the requested adjustment is based on--
``(i) specific economic conditions throughout such
State or in geographical areas of such State,
``(ii) disadvantaging characteristics of the older
individuals who participate in such projects, or
``(iii) demonstrated extraordinary difficulties in
serving unemployed low-income older individuals who
have poor employment prospects.
``(i) Technical Assistance.--If a recipient of a grant under section
501(a)(1) notifies the Secretary that such recipient failed, or expects
to fail, to meet any of the applicable performance standards and
requests the Secretary to provide technical assistance to improve the
capacity of such recipient to meet such standards, then the Secretary
shall provide such assistance, including technical assistance in
developing a performance improvement plan.
``(j) Report on Performance.--Each recipient of a grant under section
501(a)(1) shall submit to the Secretary an annual report describing for
each State separately in which such recipient carried out projects
under this title, directly or through agreements made under section
503(b) by such recipient, in the fiscal year that is the subject of
such report--
``(1)(A) how such recipient complied with the requirements of
this title, and
``(B) the extent to which such recipient met the performance
standards applicable to such recipient, and
``(2) if for such fiscal year such recipient elects under
subsection (b) to make agreements described in subsection (b),
the projects carried out under such agreements.
``(k) Independent Evaluation of Grant Recipient Performance.--
``(1) Performance evaluation.--Not later than 90 days after
the date of the enactment of this Act and subject to paragraph
(2), the Secretary shall make a contract to evaluate each
recipient of a grant under section 501(a)(1), for each State
separately in which such recipient carried out projects under
this title (directly or through agreements made under section
503(b) by such recipient), for the purpose of determining--
``(A) how such recipient complied with the requirements of
this title, and
``(B) the extent to which such recipient met the performance
standards applicable to such recipient.
``(2) Contracts.--For purposes of paragraph (1), the
Secretary may make contracts only with nongovernmental entities
that--
``(A) have not received funds, directly or
indirectly, made available for grants under this title
or title V of the Older Americans Act of 1965, and
``(B) are not, and have not been, affiliated with any
entity that receives, or has received such funds.
``(3) Reports.--The Secretary shall submit to the Speaker of
the House of Representatives and the President pro tempore--
``(A) not later than January 1, 2004, an interim
report summarizing the results of the evaluations
carried out under paragraph (1), and
``(B) not later than January 1, 2005, a final report
summarizing the results of such evaluations.
``SEC. 504. PARTICIPANTS NOT FEDERAL EMPLOYEES.
``(a) Project Participants.--Older individuals described in section
503(a) who participate in a project assisted under this title shall not
be considered to be Federal employees as a result of such participation
and shall not be subject to the provisions of part III of title 5 of
the United States Code.
``(b) Contracts.--No contract shall be entered into under this title
unless--
``(1) the contractor and the contractor's employees
(including older individuals participating under the contract)
are covered by a Federal or State workers' compensation law to
the extent required by the applicable Federal or State law, or
``(2) the contractor undertakes to provide either through
insurance by a recognized insurer or by self-insurance as
authorized by State law, that older individuals participating
under the contract will enjoy workers' compensation coverage
equal to that provided by the applicable Federal or State law
for employment covered by such law.
``SEC. 505. TREATMENT OF EMPLOYMENT ASSISTANCE FOR PURPOSES OF FEDERAL
HOUSING AND FOOD STAMP PROGRAMS.
``Funds received by eligible older individuals from participation in
projects carried out under this title shall not be considered to be
income of such individuals for purposes of determining the eligibility
of such individuals, or of any other individuals, to participate in any
housing program for which Federal funds may be available or for any
income determination under the Food Stamp Act of 1977.
``SEC. 506. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to carry out this title $448,600,000 for
fiscal year 2000 and such sums as may be necessary for fiscal years
2001, 2002, 2003, and 2004.''.
SEC. 4. CONFORMING AMENDMENTS TO OTHER LAWS.
(a) Agricultural Act of 1949.--Section 416(a) of the Agricultural Act
of 1949 (7 U.S.C. 1431) is amended by striking ``Older Americans Act of
1965'' and inserting ``Older Americans Act of 1999''.
(b) Agriculture and Food Act of 1981.--Section 1114(a) of the
Agriculture and Food Act of 1981 (7 U.S.C. 1431e(a)) is amended--
(1) in paragraph (1) by striking ``Older Americans Act of
1965'' each place it appears and inserting ``Older Americans
Act of 1999'', and
(2) in subparagraphs (C) and (D) of paragraph (2) by striking
``section 311(a)(4) of the Older Americans Act of 1965 (42
U.S.C. 3030a(a)(4)'' each place it appears and inserting
``chapter 3 of subtitle A of title III of the Older Americans
Act of 1999''.
(c) Rehabilitation Act of 1973.--Section 509(f)(5)(B) of the
Rehabilitation Act of 1973 (29 U.S.C. 794e(f)(5)(B)) is amended by
striking ``Older Americans Act of 1965'' and inserting ``Older
Americans Act of 1999''.
(d) Job Training Partnership Act.--The Job Training Partnership Act
(29 U.S.C. 1501 et seq.) is amended--
(1) in section 204(d)--
(A) in paragraph (4) by striking ``Older Americans
Act of 1965'' and inserting ``Older Americans Act of
1999'', and
(B) in paragraph (5)(B)(i) by striking ``Older
Americans Act of 1965'' and inserting ``Older Americans
Act of 1999'',
(2) by amending section 205(a)(8) to read as follows:
``(8) title V of the Older Americans Act of 1999;'',
(3) in section 452(d)(1)(B)(iii) by striking ``Older
Americans Act of 1965'' and inserting ``Older Americans Act of
1999'', and
(4) in section 455(b) by striking ``Older Americans Act of
1965'' and inserting ``Older Americans Act of 1999''.
(e) Social Security Act.--The Social Security Act (42 U.S.C. 301 et
seq.) is amended--
(1) in section 1819--
(A) in subsection (b)(4)(C)(ii)(IV) by striking
``section 307(a)(12) of the Older Americans Act of
1965'' and inserting ``section 304(a)(8) of the Older
Americans Act of 1999'',
(B) in subsection (c)(2)(B)(iii)(II) by striking
``title III or VII of the Older Americans Act of 1965
in accordance with section 712 of the Act'' and
inserting ``section 304(a)(8) of the Older Americans
Act of 1999'', and
(C) in subsection (g)(5)(B) by striking ``title III
or VII of the Older Americans Act of 1965 in accordance
with section 712 of the Act'' and inserting ``section
304(a)(8) of the Older Americans Act of 1999'', and
(2) in section 1919--
(A) in subsection (b)(4)(C)(ii)(IV) by striking
``section 307(a)(12) of the Older Americans Act of
1965'' and inserting ``section 304(a)(8) of the Older
Americans Act of 1999'',
(B) in subsection (c)(2)(B)(iii)(II) by striking
``title III or VII of the Older Americans Act of 1965
in accordance with section 712 of the Act'' and
inserting ``section 304(a)(8) of the Older Americans
Act of 1999'', and
(C) in subsection (g)(5)(B) by striking ``title III
or VII of the Older Americans Act of 1965 in accordance
with section 712 of the Act'' and inserting ``section
304(a)(8) of the Older Americans Act of 1999''.
(f) Title 31 of the United States Code.--Section 3803(c)(2)(C)(xi) of
title 31 of the United States Code is amended by striking ``section 336
of the Older Americans Act'' and inserting ``chapter 3 of subtitle A of
title III of the Older Americans Act of 1999''.
(g) Omnibus Budget Reconciliation Act of 1990.--Section
4360(d)(1)(C)(ii) of the Omnibus Budget Reconciliation Act of 1990 (42
U.S.C. 1395b-4(d)(1)(C)(ii)) is amended by inserting ``of 1999'' after
``Older Americans Act''.
(h) National School Lunch Act.--The National School Lunch Act (42
U.S.C. 1751 et seq.) is amended--
(1) in section 12(i) by striking ``Older Americans Act of
1965'' and inserting ``Older Americans Act of 1999'',
(2) in section 14--
(A) in subsection (a)(1) by striking ``Older
Americans Act of 1965'' and inserting ``Older Americans
Act of 1999'', and
(B) in subsection (c) by striking ``section 311(a)(4)
of the Older Americans Act of 1965 (42 U.S.C.
3030(a)(4)) or for cash payments in lieu of such
donations under section 311(b)(1) of such Act (42
U.S.C. 3030(b)(1))'' and inserting ``chapter 3 of
subtitle A of title III of the Older Americans Act of
1999'', and
(3) in subsection (o)(3)(B) by striking ``part C of title III
of the Older Americans Act of 1965'' and inserting ``chapter 3
of subtitle A of title III of the Older Americans Act of
1999''.
(i) Environmental Programs Assistance Act of 1984.--Section 2(a) of
the Environmental Programs Assistance Act of 1984 (42 U.S.C. 4368a(a))
is amended by striking ``Older Americans Act of 1965'' each place it
appears and inserting ``Older Americans Act of 1999''.
(j) Noise Control Act of 1972.--Section 14(g) of the Noise Control
Act of 1972 (42 U.S.C. 4913(g)) is amended by inserting ``of 1999''
after ``Older Americans Act''.
(k) Developmental Disabilities Assistance and Bill of Rights Act.--
The Developmental Disabilities Assistance and Bill of Rights Act (42
U.S.C. 6000 et seq.) is amended--
(1) in section 124(b)(3) by inserting ``of 1999'' after
``Older Americans Act'', and
(2) in section 142(a)(2)(D)(ii) by striking ``Older Americans
Act of 1965'' and inserting ``Older Americans Act of 1999''.
(l) Energy Conservation in Existing Buildings Act of 1976.--Section
412(6) of the Energy Conservation in Existing Buildings Act of 1976 (42
U.S.C. 6862(6)) is amended by striking ``paragraphs (4), (5), and (6),
respectively, of section 102 of the Older Americans Act of 1965'' and
inserting ``paragraphs (28), (29), and (50), respectively, of the Older
Americans Act of 1999''.
(m) Congregate Housing Services Act of 1978.--Subsections (c) and (d)
of section 405 of the Congregate Housing Services Act of 1978 (42
U.S.C. 8004) are amended by striking ``Older Americans Act of 1965''
each place it appears and inserting ``Older Americans Act of 1999''.
(n) Cranston-Gonzalez National Affordable Housing Act.--The Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C. 12701 et seq.) is
amended--
(1) in section 802(d)(2)(B)(i) by striking ``Older Americans
Act of 1965'' and inserting ``Older Americans Act of 1999'',
and
(2) in section 803(d)(12) by striking ``Older Americans Act
of 1965'' and inserting ``Older Americans Act of 1999''.
(o) Community Services Block Grant Act.--Section 675(c)(5) of the
Community Services Block Grant Act (42 U.S.C. 9904(c)(5)) is amended by
striking ``Older Americans Act of 1965'' and inserting ``Older
Americans Act of 1999''.
(p) Alzheimer's Disease and Related Dementias Research Act of 1992.--
The Alzheimer's Disease and Related Dementias Research Act of 1992 (42
U.S.C. 11201 et seq.) is amended--
(1) in subsection 934(b)(4) by striking ``section 305(a) (1)
and (2)(A) of the Older Americans Act of 1965 (42 U.S.C.
3025(a)(1) and (2)(A))'' and inserting ``section 303(a)(2)(A)
of the Older Americans Act of 1999'', and
(2) in section 962--
(A) in subsection (a)(1)(A)(iii) by striking ``Older
Americans Act of 1965'' and inserting ``Older Americans
Act of 1999'', and
(B) in subsection (d) by striking ``section 305(a)(1)
of the Older Americans Act of 1965'' and inserting
``section 303(a)(1) of the Older Americans Act of
1999''.
SEC. 5. FISCAL YEAR REFERENCES FOR FISCAL YEAR 2000.
Any reference in the Older Americans Act of 1999 to ``the preceding
fiscal year'' that applies with respect to funds appropriated to carry
out, or to the operation of a program, project, or activity to be
carried out under, such Act for fiscal year 2000 shall be deemed to be
a reference to funds appropriated to carry out, or to the operation of
the corresponding program, project, or activity carried out under, the
Older Americans Act of 1965 for fiscal year 1999.
SEC. 6. ISSUANCE OF RULES.
Not later than 180 days after the date of the enactment of this Act,
the Secretary of Health and Human Services shall issue, and publish in
the Federal Register, proposed rules for the administration of the
Older Americans Act of 1999. After allowing a reasonable period for
public comment on such proposed rules, and not later than 90 days after
such publication, the Secretary shall issue rules for the
administration of such Act.
SEC. 7. EFFECTIVE DATES.
(a) General Effective Date.--Except as provided in subsection (b),
this Act and the amendments made by this Act shall take effect on the
date of the enactment of this Act.
(b) Special Effective Date.--The amendments made by sections 3, 4,
and 5 shall take effect on October 1, 1999.
Amend the title so as to read:
A bill to amend the Older Americans Act of 1965 to authorize
appropriations for fiscal years 2000, 2001, 2002, 2003, and 2004 and
for other purposes.
Purpose
The purpose of the Older Americans Act is to encourage and
assist State agencies, area agencies on aging, and tribal
organizations to concentrate resources in order to develop
greater capacity and foster the development and implementation
of comprehensive and coordinated systems to serve older
individuals. This includes entering into cooperative
arrangements in each State for the planning and provision of
supportive services, nutrition services, multipurpose senior
centers, community services employment, and volunteer services.
Summary
The bill amends the Older Americans Act by including the
following:
TITLE I. GENERAL PROVISIONS
Title I clarifies and simplifies the General Provisions
relating to the Older Americans Act. It establishes a new
clarified purpose for the Act and consolidates all definitions
for the Act that previously had been scattered through various
titles. In addition, this title establishes the Administration
on Aging (AoA) within the Department of Health and Human
Services. The Assistant Secretary is authorized to make grants
in order to conduct research and training programs. Title I
also includes a section on the misuse of funds by providers.
TITLE II. GRANTS TO NATIVE AMERICAN PROGRAMS ON AGING
Title II provides for the delivery of nutrition and
supportive services to American Indians, Alaska Natives and
Native Hawaiians that are comparable to title III nutrition and
supportive services. Title II contains a separate authorization
for grants to native Americans.
TITLE III. GRANTS FOR STATE AND COMMUNITY PROGRAMS ON AGING
Title III authorizes grants to State and area agencies on
aging to provide and coordinate programs for the elderly. It
sets up the organizational structure of the ``Aging Network''
linking AoA, State and area agencies on aging, and other public
and private agencies to improve and expand services for older
persons. Specifically, it supports 57 State agencies on aging,
660 area agencies on aging, and 229 tribal organizations. The
title is divided into 4 major sections, Supportive Services and
Multipurpose Senior Centers, Nutrition Services (Congregate and
Home Delivered Nutrition programs), Disease Prevention and
Health Promotion Services Program, and the Family Caregiver
Program.
In addition, title III lays out the eligibility
requirements for States and area agencies to receive federal
funds and includes a .05% set-aside for disaster relief. There
is also a 20% transfer authority between nutrition and
supportive services, and a 50% transfer authority between
congregate nutrition and home delivered nutrition services.
The funding formula for title III is based on a 1987 hold
harmless (no State receives less than what they received in
1987). After the 1987 hold harmless has been met, the remaining
share of the total appropriation is distributed to the States
based on their share of the total population of persons aged 60
and over. Within States, funds are targeted to older
individuals who have the greatest social and economic need with
particular attention to low-income minority individuals.
Funding for the new Family Caregiver Program is distributed
on the basis of a State's relative share of the population age
70 and older. Within States, funds are targeted to older
individuals who have the greatest social and economic need with
particular attention to low-income older individuals.
Under title III, States are only allowed to permit cost-
sharing for the Family Caregiver Program. Voluntary
contributions are continued throughout the title and
consideration for meeting the unique needs of rural areas is
strengthened. There is also a combined 15% cap on title III
funding for State Long-Term Care Ombudsman Programs; Services
for the Prevention and Remediation of Elder Abuse, Neglect, and
Exploitation; and legal assistance. States are allowed to
request a waiver if necessary.
TITLE IV. STATE LONG-TERM CARE OMBUDSMAN PROGRAMS; SERVICES FOR THE
PREVENTION AND REMEDIATION OF ELDER ABUSE, NEGLECT, AND EXPLOITATION
Title IV authorizes grants to States to carry out a State
long-term care ombudsman program and to provide, through the
State agency and in consultation with area agencies on aging,
services for the prevention and remediation of elder abuse,
neglect, and exploitation.
TITLE V. COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS
Title V authorizes funding the Senior Community Service
Employment Program (SCSEP). Over the course of five years, the
Secretary of Labor is directed to shift a certain percentage of
the funding from the national organizations to the States,
resulting in a 55% (national organizations)/45% (States)
funding ratio. The Secretary is also directed to contract with
an independent organization to monitor the five-year transition
period, judge the performance of both the national
organizations and the States based on a set of newly instituted
performance standards, and report its findings to Congress
prior to the next authorization. In addition, the bill ensures
that no senior will lose his or her job as a result of the
five-year transition period. Funding for this program is based
on a State's relative share of the population age 55 and older,
State per capita income formula, and a FY 1999 hold harmless
provision.
Committee Action
In the 106th Congress the Subcommittee on Postsecondary
Education, Training, and Life-Long Learning held six hearings
for the purpose of considering and reviewing the authorization
of the Older Americans Act.
The first of the five hearings was held on March 2, 1999 in
Washington, DC. The witnesses were as follows: Congressman
Peter DeFazio, (D-OR); Congressman Jim Kolbe, (R-AZ); Ms. Neetu
Dhawan-Gray, Executive Director, Baltimore City Commission on
Aging Retirement Education, Baltimore, MD; Mr. Steven D.
Niebler, Director, Adams County Office for Aging, Inc.,
Gettysburg, PA; Ms. Marilyn T. Mower, Nutrition Director,
Montgomery County Area Agency on Aging, Rockville, MD; Mr. Carl
West, Director, Mercer County Office on Aging, Trenton, NJ; Ms.
Geneva Shedd, President, National Association of State Units on
Aging, Indianapolis, IN; Mr. Richard Lipner, President, Meals
on Wheels Association of America, San Francisco, CA.
The second hearing was held on April 6, 1999, in Alhambra,
CA at the Alhambra City Hall. The witnesses were as follows:
Mr. Fernando M. Torres-Gil, Ph.D., Former Assistant Secretary
for Aging, Los Angeles, CA; Ms. Carmela G. Lacayo, President/
CEO, National Association for Hispanic Elderly, Pasadena, CA;
Mr. Don Herring, Director, YWCA Intervale Senior Services, West
Covina, CA; Ms. Laura Medina, MPA, Program Manager, Planning
and Development Services, Los Angeles County Area Agency on
Aging, Los Angeles, CA; Ms. Betty F. Malks, M.S.W., C.S.W.,
Director, County of Santa Clara Department of Aging and Adult
Services, San Jose, CA; Mr. Michael Feuer, Los Angeles City
Council Member, 5th District, Los Angeles, CA.
The third hearing was held on April 6, 1999, in Santa
Clarita, CA at The Santa Clarita Valley Senior Center. The
witnesses were as follows: Ms. Jo Anne Darcy, Mayor, City of
Santa Clarita, Santa Clarita, CA; Mr. Robert Ryans, Director,
Los Angeles County Area Agency on Aging, Los Angeles, CA; Mrs.
Rosemary and Mr. Joe Regalbuto, Meals on Wheels, Santa Monica,
Malibu, and Pacific Palisades, CA; Sister Alice Marie Quinn,
D.C., Regional Board Member, Meals on Wheels Association, Los
Angeles, CA; Mr. Brad Berens, Executive Director, Santa Clarita
Valley Committee on Aging, Santa Clarita, CA; Mr. Nate Golter,
Program Participant, Newhall, CA .
The fourth hearing was held on April 8, 1999, in North
Platte NE, at the West Central Research and Extension Center
for the University of Nebraska. The witnesses were as follows:
Mr. Mark Intermill, Administrator, Division of Aging Services,
Department of Health and Human Services, Lincoln, NE; Mr.
Andrew Mueller, Director, West Central Nebraska Area Agency on
Aging, North Platte, NE; Mrs. Sydney Bird, Director, Winnebago
Senior Center, Winnebago, NE; Ms. Donetta Nye, Director, Howard
Service, St. Paul, NE; Ms. Marge Mickelson, Program
Participant, North Platte, NE; Ms. Mary Rucker, Program
Participant, North Platte, NE; Ms. Betty Kenyon, Nutritionist,
Panhandle Community Service, Gering, NE.
The fifth hearing was held on April 15, 1999, in
Washington, DC. The witnesses were as follows: Ms. Jeanette
Takamura, Assistant Secretary of Aging, U.S. Department of
Health and Human Services, Washington, DC; Mr. Raymond Uhalde,
Deputy Assistant Secretary for Employment and Training
Administration, U.S. Department of Labor, Washington, DC.
The sixth and final hearing was held on May 19, 1999, in
Washington, DC. The witnesses were as follows: Ms. Andrea
Wooten, President, Green Thumb, Arlington, VA; Dr. Marnie S.
Shaul, Associate Director, Education and Employment Issues,
U.S. General Accounting Offices, Washington, DC; Ms. Mary Ellen
Saunders, Management Analysts, Division of Services for Aging
and Adults with Physical Disabilities, New Castle, DE; Mr.
Clayton Fong, Executive Director, National Asian Pacific Center
on Aging, Seattle, WA; Mr. Robert F. Mizerak, National
Director, Seniors in Community Service Program, National Urban
League, Inc., New York, NY.
Legislative Action
On September 15, 1999, the Committee on Education and the
Workforce considered H.R. 782, The Older Americans Act
Amendments of 1999. Mr. Barrett from Nebraska offered an
amendment in the nature of a substitute that was adopted by
voice vote. Three amendments to the amendment in the nature of
a substitute were also adopted by voice vote. The first was
offered by Mr. Barrett of Nebraska. The amendment would amend
several sections of the amendment in the nature of a substitute
to add a special emphasis on serving older individuals in
greatest social and economic need in rural areas. The second
amendment was offered by Mr. Wu of Oregon. This amendment,
adopted by voice vote, amended the Pension Rights Demonstration
Project to include a telephone hotline for individuals seeking
outreach, information, counseling, referral, and assistance
regarding pensions and other retirement benefits and rights
related to such benefits. The final amendment was offered by
Mr. Tierney of Massachusetts and increased funding for the
National Family Caregiver Program from $100 Million to $125
Million. This amendment was also adopted by voice vote. H.R.
782 was favorably reported, as amended, by the Committee on
Education and the Workforce on September 15, 1999, by voice
vote. The explanatory language in this report, including the
section-by-section analysis, relates to the bill as reported.
Committee Statement and Views
The Older Americans Act of 1965 created a series of federal
programs specifically designed to meet the service needs of
older persons. Although older persons may receive services
under other federal programs, this Act is the major vehicle for
the organization and delivery of supportive and nutrition
services to senior citizens. It authorizes a wide array of
programs through a network of 57 state agencies on aging, 660
area agencies on aging, 229 tribal organizations--representing
300 tribes, and 27,000 service providers.
The Act was first enacted in the 89th Congress and has been
reauthorized or amended 13 times. The original Act established
the Administration on Aging (AoA) as the federal agency
responsible for the administration of programs under the Act
and authorized State and community social service programs, and
research, demonstration and training projects. The 1969
amendments strengthened the community service programs and
charged State agencies on aging with statewide responsibilities
for planning, coordination, and evaluation of programs for
older persons.
Major amendments to the Act occurred in the early 1970s.
The major service component of the Act, the national nutrition
program, was enacted in 1972 and evolved from nutrition
demonstration projects first funded in 1968. The 1972
amendments authorized grants to public and nonprofit sponsors
for the development of congregate meals services to meet the
nutrition and social services needs of older persons. In
addition to providing meals, Congress envisioned the program to
serve as an important vehicle for fostering social interaction
among participants and to facilitate social service delivery.
The 1973 amendments significantly restructured the Act with
the aim of improving the planning and organization of services
for older persons at the state and local levels. State agencies
were required to divide the State into geographic areas, or
planning and service areas, and to establish area agencies on
aging at the community level for the purpose of developing
area-wide social service delivery systems for older persons.
Area agencies were given responsibility for planning and
coordinating of programs for older persons within defined
planning and service areas designated by the State agencies on
aging. In addition, area agencies were responsible for
advocating on behalf of older persons.
The 1978 amendments represented a major change in the
structure of the program when the separately authorized
supportive, nutrition and multipurpose senior center programs
were folded into the title III administrative structure.
Another major change made by these amendments was the addition
of a separate authorization of appropriations for home-
delivered nutrition services that were previously an allowable
service under the congregate nutrition program. These
amendments also established the state long-term care ombudsman
program, whose purpose is to investigate and resolve complaints
of nursing home and board and care home residents, and a new
title VI authorizing grants to Indian tribal organizations for
supportive and nutrition services to older Indians. The
amendments also incorporated the community service employment
program as title V of the Act.
Amendments in 1981 and 1984 gave states more flexibility in
the administration of the nutrition and supportive services
programs. The 1987 amendments created new separately authorized
service components under the state and area agency on aging
program, including in-home services for the frail elderly, and
health promotion and disease prevention programs. These
amendments also incorporated a grant program for older Native
Hawaiians under title VI. The amendments in 1992 again
restructured some of the Act's programs by shifting some of the
title III service responsibilities to title VII for elder
rights protection activities.
In 1995, authorization for the Act expired. However, most
of the key Older Americans Act programs continue to receive
funding through the appropriations process. For FY 1999, $1.456
billion is appropriated for these programs which are
administered through the Departments of Health and Human
Services, Labor, and Agriculture. Bills to reauthorize the Act
were introduced in the 104th and 105th Congresses, but they
failed to pass either the House or Senate.
Since its creation in 1965, the Older Americans Act (OAA)
has grown to be one of the most visible service programs for
older persons. In FY 1999, the largest component of the Act,
the title III nutrition program, provided 240 million meals to
over 3 million older persons. About 50% of the meals were
provided in congregate settings, such as senior centers and
community centers, and 50% were delivered to frail older
persons in their homes.
The supportive services and multipurpose senior centers
program provides funds to states for a host of social services
and activities. The most frequently used services are
transportation, information and referral, senior centers,
outreach services, home care, and recreation. In FY 1996, the
program funded approximately 6,400 senior centers, 40 million
rides, 13 million responses to request for information and
assistance, and 15 million home care services.
The senior community service employment program accounted
for about 30% of the Older Americans Act funds in FY 1999. The
program supports about 61,500 employment positions for
approximately 100,000 low-income individuals age 55 and older.
Funds are awarded to 10 national organizations and to State
agencies. Enrollees work in a variety of community service
activities including social services, education, nutrition
services, senior centers, home care services, and parks and
recreation.
The Older Americans Act Amendments of 1999 is specifically
designed to ensure flexibility, streamline services, target
resources to rural areas, improve nutritional services, support
family caregivers, and enhance the performance of senior
employment programs, so that seniors can live healthier,
productive, and longer lives independently in their
communities.
ensuring flexibility and streamlining services
After 30 years of additional federal requirements being
added to this hallmark legislation by Congress, the Older
Americans Act Amendments of 1999 makes several long awaited
reforms to the original 1965 Act. The bill improves services to
seniors by providing better quality services; by driving more
funds directly to local communities and the seniors themselves;
and by giving local providers the flexibility to design
programs most needed by the elderly population in their own
communities.
Over the years, with each reauthorization, new programs
have been added, some of which have never been funded, and all
of which have added to the complexity of the Act. The Committee
focused on streamlining and consolidating programs under the
Act with the intent to strengthen the Act overall.
Specifically, the Committee bill consolidates 20 funding
streams into 11 (including a new Family Caregiver Program),
while allowing all current activities to be continued. By
reducing the number of multiple small funding streams currently
spread over seven titles, the bill aims to strengthen the
funding base for title III services.
In addition, the Committee has attempted to respond to
state and area agency expressed desires for more program
flexibility in a number of other areas. The bill eliminates a
number of unnecessary legislative requirements. In recent
years, State and area agencies have noted the increasing array
of legislative requirements imposed on them without
corresponding increases in funding.
While the bill consolidates a number of programs, the
Committee retains the basic structure and purpose of the state
and area agency program under title III of the Act. The bill
retains certain functions that have been the hallmark of the
title III state and area agency program since its inception--
planning and coordinating of service programs for older
persons. In addition, the bill retains the requirement that
state and area agencies serve as effective and visible
advocates for older persons by reviewing and commenting on all
plans, budgets and policies that affect older persons.
Moreover, the bill retains the key title III service
components--Supportive Services and Multipurpose Senior
Centers, Nutrition Services (Congregate and Home Delivered
nutrition programs), Disease Prevention and Health Promotion
Services--and consolidates the In-Home for Frail Elderly and
Assistance for Caretakers programs into a single Family
Caregiver Program.
The Committee emphasizes its commitment to the State Long-
Term Care Ombudsman Programs and Services for the Prevention
and Remediation of Elder Abuse, Neglect, and Exploitation
programs by retaining their authorization of appropriations in
a separate title and moving them from title VII to title IV.
Since these programs also receive funding under the title IV
authority, the Committee has added a 15% cap on title III
funding for State Long-Term Care Ombudsman Programs and
Services for the Prevention and Remediation of Elder Abuse,
Neglect, and Exploitation in order to protect funding for the
many other services that fall under the title III umbrella. In
addition, the cap applies to legal assistance services. States
are allowed to request a waiver to exceed the cap if necessary.
According to the testimony of Betty F. Malks, Director for
the Department of Aging and Adult Services in Santa Clara
County, CA, before the Subcommittee on Postsecondary Education,
Training and Life-Long Learning, it is estimated that in Santa
Clara County alone, over 21,400 older persons are victims of
physical, emotional and/or fiduciary abuse, and the County's
Public Guardian's office, has recently seen a 60% increase in
fiduciary abuse cases.
In addition to protecting seniors, the bill also provides
state and area agencies with more flexibility in the design of
their programs. For example, it eliminates requirements for
funding certain federally prescribed priority service areas
that are mandated under the current law. Instead it allows
states and area agencies to fund services which they determine
to be most essential based on their own determination of needs
in the state and within planning and service areas. In
addition, the bill liberalizes current law restrictions on the
transferability of funds from congregate and home-delivered
nutrition services allotments. Instead of a 30% transfer under
current law, the bill allows states to transfer up to 50% of
their allotments between these two nutrition programs.
The bill also permits the Assistant Secretary and the
Secretary of Labor, after due process, to bar providers who do
not comply with this act for up to 5 years. During this period,
providers who are barred by the Assistant Secretary or the
Secretary of Labor may not receive grants, enter into
contracts, provide goods or services, or employ individuals
with funds available under this Act.
In response to concerns expressed by state and area
agencies in a number of recent reauthorizations of the Act, the
Committee bill clarifies current provisions regarding voluntary
contributions for services. In addition, in keeping with the
Committee's intent that consumers be given more choice of
providers, the bill allows states to use a limited voucher
system for supportive and nutrition services in circumstances
where traditional services are not available. The bill also
ensures that case managers act as agents for the individuals
receiving services and not as promoters for the agency
providing such services.
With respect to federal level operations, the Committee
bill streamlines functions of AoA by eliminating many
unnecessary or duplicative requirements, while retaining
essential requirements that keep its responsibilities as the
federal focal point on aging services and programs. It retains
requirements that AoA have persons in the agency who are
responsible for the long-term care ombudsman program, the
nutrition programs, and programs and services for older Native
Americans, while at the same time giving the Assistant
Secretary for Aging the flexibility to design the federal
administrative structure for these programs. The bill also
eliminates the Federal Council on Aging which has not been
funded since 1995.
targeting resources to rural areas
In an attempt to focus attention on the often-overlooked
needs of seniors living in rural areas, the Committee has
strengthened several provisions in title III. For instance, the
bill retains the current law requirement that States target
title III services (except for the new Family Caregiver
Program) to older persons who have the greatest economic and
social need with particular attention to low-income minority
older individuals, but includes older individuals living in
rural areas as well.
The bill insists that the State plan must not only describe
any methods and difficulties used to provide services to older
individuals who reside in rural areas, but also consider those
findings when allocating funds to area agencies on aging. In
title I of the Act, a demonstration project is added which
addresses the long-term care needs of people living in isolated
rural areas, and in title V, a performance standard is included
which measures in part the ability of States and national
organizations to serve hard-to-serve areas, including rural
areas.
improving nutrition programs
The Committee believes the nutrition services under the
Older Americans Act play a vital role in helping seniors to
continue to lead active, independent and healthy lives and to
avoid unnecessary institutionalization. Currently, 66% of
funding under Title III of the Older Americans Act is used for
nutrition services for senior citizens.
During consideration of changes to the Older Americans Act,
the Committee met with providers of nutrition services, the
U.S. Department of Agriculture, senior citizens and others in
order to develop a proposal to improve nutrition services. As a
result of these meetings and testimony provided at hearings on
the Older Americans Act, the Committee felt the program had to
be modified to allow greater State and local flexibility if it
was to continue to effectively serve the nutritional needs of
seniors. The Committee believes the changes outlined below will
go a long way toward improving nutrition services under the
Older Americans Act and allowing seniors to lead long, healthy
lives.
Current law allows States to transfer up to 30% of their
allotted funds between congregate and home-delivered nutrition
services. They can also receive a waiver to transfer additional
amounts. However, the demand for services can change from month
to month and States and local providers need the flexibility to
fund services when and where they are needed. As such, the
Committee increased the amount that can be transferred between
congregate and home-delivered nutrition services, without a
waiver, to 50%. This change should allow local providers
greater flexibility in funding the types of nutritional
services actually needed by senior citizens residing in their
community. Another modification to current law adds specific
language that, for the first time, makes it clear that funds
may be used to provide meals to eligible individuals in adult
day care facilities.
The Committee has also included provisions in the bill to
encourage providers to insure that meals served reflect the
special needs of senior citizens. For example, if an individual
is lactose intolerant, the Committee would expect that
individual to be provided with an appropriate alternative in
order to insure he or she receives the nutrients required to
remain in good health. This change was based on reports that in
some instances seniors continue to be given foods they cannot
eat in order only to insure that dietary standards are met
rather than to meet individual needs. The Committee believes
that serving meals that meet the Dietary Guidelines is
important. However, it is concerned that if meal components are
not consumed, the nutritional health of senior participants
could be jeopardized. The Committee would, therefore, encourage
providers to take necessary steps to provide alternatives.
In addition to changes to nutrition programs operated by
the Administration on Aging, the Committee has modified the
nutrition program currently operated through the U.S.
Department of Agriculture. This change adjusts the formula for
allocating appropriations. Under the current formula, funds are
allocated to States on the basis of the number of meals served
in the current year on a per meal reimbursement rate. This Act
necessitates adjustments of the per meal rate at various points
within the year depending upon how many meals States served.
Therefore, States often do not know what their total amount of
assistance will be until the end of the year. In some
instances, local providers have to pay back funds for services
they have already provided during these adjustment periods.
This makes planning extremely difficult and has produced
hardships in some communities.
New provisions provide that States and tribal organizations
will receive, in each fiscal year, a cash grant for use in its
nutrition program that bears the same ratio to appropriations
under this section as meals served in the State or tribal
program in the preceding year bore to the total number of meals
served in all such programs. This change in the formula will
eliminate current problems and should allow States and local
providers to determine in the beginning of each year how many
individuals they can serve each year with assistance provided
through the Department of Agriculture.
Finally, the Committee would like to point out the
importance of changes to language regarding voluntary
participant contributions. The Committee believes it is
extremely important that those seniors who can afford to
contribute to the cost of their meals do so. While nutrition
programs receive the bulk of the funding under the Older
Americans Act, funding is not available to cover all eligible
individuals. In many communities there are other programs which
provide meals to senior citizens. However, the major source of
additional funding for these programs comes from seniors
themselves in the form of voluntary contributions. Until this
time, the law has permitted limited efforts to solicit
voluntary contributions from program participants.
However, as witnesses pointed out, local providers are not
certain about the extent to which they can solicit voluntary
contributions. The Committee has included language which
outlines some of the activities that it believes will help
clarify current law. Mr. Richard H. Lipner, President, Meals on
Wheels Association of America, in his testimony before the
Subcommittee on Postsecondary Education, Training and Life-Long
Learning, encouraged the inclusion of language that
specifically permits providers to send individualized client
benefit summaries to program participants in order to increase
voluntary contributions. Such language has been included in the
bill. Mr. Lipner and others have pointed out that many
individuals would contribute more, and would want to contribute
more if they knew the actual cost of their meals. In a survey
of 34,000 meal program participants several years ago, Mr.
Lipner found that the majority of both home-delivered and
congregate meal recipients would be willing to pay more for
their meals than they currently contribute.
The Committee does not support any method of soliciting
voluntary contributions or cost-sharing that would deny meals
to individuals due to their inability to pay. However, the
Committee has found that most individuals want to contribute to
the cost of their meals and will do so willingly, even if it is
just a few cents. Witnesses before the Committee have
encouraged that the law permit mandatory ``cost-sharing'' for
nutrition programs to assist in raising funds to serve
additional participants. At this time, the Committee has chosen
not to include mandatory cost-sharing provisions, although it
believes this is a worthy goal.
supporting family caregivers
In his testimony before the Subcommittee on Postsecondary
Education, Training and Life-Long Learning, Brad Berens,
Executive Director of the Santa Clarita Valley Committee on
Aging in California, summed up the importance of the Older
Americans Act when he noted that ``The savings to Medicare from
service delivery of Older Americans Act programs lie in the
prevention and/or deceleration of needs exhibited by the
elderly that require skilled nursing services.''
There is no better example of such a program than the new
Family Caregiver Program. The Committee strongly believes that
the Family Caregiver Program will enhance the quality of life
for frail individuals and those who care for them, not to
mention, save taxpayer money by preventing or delaying
institutionalization. Mr. Nate Golter of Newhall, California,
testified before the Subcommittee on Postsecondary Education,
Training and Life-Long Learning, that the caregiver sessions he
participated in at the Santa Clarita Senior Center, during his
late wife's illness, saved his life and his sanity.
Approximately 4.4 million persons age 65 and older living
in the community are estimated to need long-term care
assistance due to a functional disability. Functional
disability is defined as the inability to perform, without
assistance, the following activities of daily living (ADLs):
dressing, eating, bathing, transferring from a bed to a chair,
and toileting; and/or, the inability to perform certain
instrumental activities of daily living (IADLs): light
housekeeping, meal preparation, shopping, taking medications,
and managing money.
Despite substantial public spending for long-term care
(primarily for nursing home care), families provide the bulk of
long-term care services to family members with physical and
cognitive disabilities. Over 7 million caregivers provide
informal, or unpaid, care to elderly family members each week.
Typically, adult children provide this care to elderly parents.
About two-thirds of the functionally impaired elderly rely
exclusively on informal assistance. Research has documented the
enormous responsibilities that families face in caring for
relatives who have significant impairments. For example,
caregivers of the elderly with certain functional limitations
provide an average of 20 hours of unpaid help each week. Unpaid
work, if replaced by paid home care, would cost an estimated
$45 billion to $94 billion annually.
In general, the Family Caregiver program consolidates two
existing programs (In-home for Frail Elderly and Assistance for
Caretakers) and provides grants to States for services such as
counseling, training, support groups, respite-care,
informational assistance, and supplemental services. Funding
for the program is distributed on the basis of a State's
relative share of individuals age 70 and older in order to
target resources to the most frail, however, individuals age 60
and older in need of caregiver services will be eligible to
receive the services. Within States, funding is distributed to
those seniors who have the greatest social and economic need
with particular attention to low-income older individuals.
In the year 2000, the Congressional Budget Office (CBO)
estimates that total national spending for the long-term care
of elderly will exceed $123 billion of which Medicare and
Medicaid combined will be expected to pay about $73 billion. By
the year 2020, CBO projects that total public and private
expenditures will reach well over $207 billion.
In September 1998, the Alzheimer's Association commissioned
a report which found that Alzheimer's alone costs U.S.
businesses $33 billion per year due to caregiver absenteeism,
productivity loss, and the business share of medical care
costs. According to the Association, ``increased use of respite
care at mild and moderate stages of Alzheimer's has shown to
delay nursing home placement significantly, a net savings of as
much as $600 to $1,000 per week. Similarly, delaying nursing
home admissions for people with Alzheimer's disease by just one
month could save at least $1.12 billion a year.'' The Family
Caregiver Program will begin to meet that goal.
Enhancing the Performance of the Senior Employment Program
The Committee views the Senior Community Service Employment
Program (SCSEP) as a community oriented subsidized employment
program for hard to employ seniors that can provide training
opportunities to those seniors with the capacity and interest
to transition into private sector employment.
However, in the past several years concerns have arisen
regarding the unequal distribution of senior enrollee positions
within States, and the Department of Labor's use of a non-
competitive process to award SCSEP grants. The bill enhances
the performance of the program by including several provisions
that address both of these concerns.
For instance, the bill gradually shifts a certain
percentage of SCSEP funding from national organizations to
States over a five-year period and updates the SCSEP funding
formula ``hold harmless'' to FY 1999. This shift of funds will
eventually result in a 55% (national organizations)/45%
(States) ratio instead of the currently appropriated 78%
(national organizations)/22% (States) ratio--giving States more
authority to correct the unequal distribution of senior
enrollee positions within its borders. Specifically, States may
choose to use this additional funding to administer their own
programs, compete it out to local or national organizations, or
subcontract it out to current national organizations.
In addition, the bill includes language insisting that
States are required, to the maximum extent possible, to ensure
that no senior will lose his or her job as a result of the
transition. The Committee believes very strongly that with the
acquisition of additional funding or so-called ``job slots''
under this provision, States should make every effort to retain
the current senior enrollee in his or her current position
until such individual no longer wishes or is able to continue
their employment.
The bill also calls for an independent organization to
monitor the performance of both the national organizations and
the States based on a set of specific new standards, and issue
a report to Congress on its findings prior to the next
authorization. These new standards measure performance on the
basis of such things as the number of participants served,
unsubsidized placements, customer satisfaction, and how well
grantees reach both hard-to-serve areas and under-served areas.
The Committee is confident that if grantees, whether they are
national organizations, state agencies, or local organizations,
are doing a good job, their work will be reflected in the
independent organization's findings.
In testimony before the Postsecondary Education, Training
and Life-Long Learning Subcommittee, Dr. Marnie S. Shaul, the
Associate Director of Education, Workforce, and Income Security
Issues, Health, Education, and Human Services Division of the
United States General Accounting Office, reported that ``an
equitable distribution among States has not be fully achieved''
and ``a more equitable distribution of funds might occur if
States received a larger share of the program funds.''
Moreover, Dr. Shaul testified that ``the 1978 amendments to
the Act provided that states would receive 55% of funds greater
than the 1978 appropriation. Under this provision, if the
appropriations increased, the states' share of SCSEP resources
would gradually increase, and the states would eventually
achieve parity with the national sponsors. However, this
provision--the 55/45 provision--has never taken effect.
Instead, every year since 1978, appropriations acts have
overidden the 55/45 provision and required that at least 78
percent of the annual appropriation be allocated to the
national sponsors.'' In other words, only the remainder, a mere
22%, has been allocated to the States.
Of the 1998 program year appropriation, the Labor
Department allocated the national organizations $350.7 million
(78%) and the States and territories $87.1 million (22%). The
ten national organizations that received grant awards were:
In millions
American Association of Retired Persons Foundation............ $52.8
Associacion Nacional Pro Personas Mayores..................... 13.3
Green Thumb................................................... 109.1
National Asian Pacific Center on Aging........................ 6.0
National Center on Black Aged, Inc............................ 13.0
National Council on Aging..................................... 40.0
National Indian Council on Aging.............................. 6.0
National Senior Citizens Education and Research Center
(affiliated with the National Council of Senior Citizens). 66.7
National Urban League......................................... 15.3
U.S. Forest Service........................................... 28.5
Ms. Mary Ellen Saunders, Management Analyst, State of
Delaware Division of Services for Aging and Adults with
Physical Disabilities, provided testimony before the
Subcommittee on Postsecondary Education, Training and Life-Long
Learning on Delaware's SCSEP program. Delaware (along with
Alaska and Hawaii) is unique because none of the 10 national
organizations operate within its borders. Instead, Delaware
contracts out its SCSEP funds to local community groups. Ms.
Saunders described in great detail how, utilizing an open bid
process, these groups submit bids and follow an approval
process that ensures geographic diversity within Delaware's
three counties. The Committee believes that the Delaware
program demonstrates the potential for States to fully achieve
a more equitable distribution of SCSEP funds.
Finally, the Committee believes that a higher percentage of
funds should go directly toward wages and benefits for seniors
participating in this program. Therefore, a requirement that
85% of each grant awarded by the Secretary of Labor must be
used to pay wages and benefits has been included. The remaining
15% is to be used for grantee administrative costs as well as
any other enrollee costs.
In sum, the bill enhances the performance of the SCSEP
program by leveling the monetary playing field between the
national sponsors and States; protecting senior's jobs to
ensure a more equitable distribution of SCSEP funding;
instituting performance standards; incorporating a sense of
accountability and competition; and tapping an independent
organization to assess the performance of all grantees.
Section-by-Section Analysis
Section 1. Short title
Cites as the short title the ``Older Americans Amendments
of 1999''.
Section 2. Table of contents
Provides for a table of contents.
Section 3. Amendments to the Older Americans Act of 1965
Sec. 1. Short Title, Older Americans Act of 1999.
Sec. 2. Includes the Table of Contents.
Title I--General Provisions
Subtitle A--Statement of Purpose; Definitions
Sec. 101. Purpose. Sets forth the purpose of the Older
Americans Act of 1965.
Sec. 102. Definitions. Modifies and adds to the definitions
under this Act.
Subtitle B--Administration
Sec. 111. Establishment of the Administration on Aging.
Establishes the Administration on Aging within the Department
of Health and Human Services, headed by an Assistant Secretary.
Requires the Assistant Secretary to designate for certain
offices: an individual within the Administration on Aging who
will be responsible for the federal administration of programs
relating to Native Americans and has expertise with respect to
programs affecting Native Americans; an individual who will be
responsible for the federal administration of activities
relating to State long term care ombudsman programs; and an
individual who will be responsible for the federal
administration of nutrition services and has expertise in
Nutrition Services.
Sec. 112. Duties of Assistant Secretary. Sets forth the
duties of the Assistant Secretary to: advocate for older
individuals, collect and disseminate information, assist the
Secretary on issues related to aging, administer grants made
under this Act, provide technical assistance, prepare and
disseminate educational materials, gather statistics, assist in
planning activities, collect statistical data on programs under
this Act, implement a uniform data collection procedure,
operate a toll-free assistance telephone hotline.
Sec. 113. Federal Agency Consultation. Requires the
Assistant Secretary and heads of other Federal Departments to
coordinate activities related to the purpose of this Act.
Sec. 114. Powers of the Assistant Secretary. Allows the
Assistant Secretary to provide assistance to public or
nonprofit private agencies, provide short-term training and
technical instruction, conduct research and demonstrations, and
collect and disseminate information related to programs funded
under this Act. Requires the Assistant Secretary to carry out
research that focuses on career preparation for the field of
aging, pension rights and rural health care services. Gives the
Assistant Secretary authority to make grants and enter into
contracts to expand knowledge on the aging process to promote
innovative ideas for improving services for education and
training for research to improve quality for demonstration
projects for technical assistance and dissemination of
information. Directs the Assistant Secretary to establish a
telephone hotline for individuals who seek outreach,
information, counseling, and assistance regarding pension and
other retirement benefits, and rights related to such benefits
Sec. 115. Misuse of Funds by Providers. Permits the
Assistant Secretary, after due process, to bar providers who do
not comply with this act (excluding Title V) for up to 5 years.
Permits the Secretary of Labor, after due process, to bar Title
V providers who do not comply with this act for up to 5 years.
During this period providers who are barred by the Assistant
Secretary or the Secretary of Labor may not receive grants,
enter into contracts, provide goods or services, or employ
individuals with funds available under this act.
Sec. 116. Evaluations. Allows the Assistant Secretary to
evaluate programs and activities provided under this Act, and
states how the Assistant Secretary shall obtain information for
the evaluations.
Sec. 117. Reports. Requires the Assistant Secretary to
prepare and submit a report on the programs carried out under
this Act and what information that report shall include.
Sec. 118. Reduction of Paperwork. Requires the Assistant
Secretary to take necessary actions to reduce paperwork
required under this Act.
Sec. 119. Surplus Property Eligibility. Allows State and
local agencies that receive funding under this Act to receive
surplus property of the Federal Government.
Sec. 120. Benefit Treatment Under Other Laws. Provides that
no benefit received under this Act is to be treated under any
Federal, State or local law as income or resources of an
eligible individual participating in programs, projects or
activities under this Act.
Sec. 121. Authorization of Appropriations. Authorizes
funding for the Administration on Aging for expenses (including
salaries), for the Assistant Secretary to carry out grants,
research, training and demonstration projects for FY 2000
through 2004.
Title II--Grants for Native American Programs on Aging
Sec. 201. Grants for Services to Native Americans. Allows
the Assistant Secretary to make grants to eligible
organizations to pay all of the costs for delivery of
supportive services and nutrition services for older
individuals who are Native Americans. Lists qualifications for
organizations eligible to receive a grant under this title.
Sec. 202. Application for Grants. Requires that eligible
organizations must submit an application to the Assistant
Secretary in order to receive a grant. Sets forth application
requirements.
Sec. 203. Distribution of Funds Among Tribal Organizations
and Alaska Native Organizations and Organizations Serving
Native Hawaiians. Provides that grants made to tribal
organizations, Alaska Native Organizations or organizations
serving Native Hawaiians for FY 2000 and subsequent years are
not to be less than the amount received in fiscal year 1991.
Sets forth the requirements for the use of additional amounts
appropriated.
Sec. 204. Surplus Educational Facilities. Requires the
Secretary of the Interior, through the Bureau of Indian
Affairs, to make available surplus Indian education facilities
and surplus Alaska Native Educational facilities to
organizations for use as multipurpose senior centers. Makes
available to organizations serving Native Hawaiians any other
surplus educational facilities located in the State of Hawaii
that are under the control of the Secretary of the Interior for
such purposes.
Sec. 205. Administration. Requires the Assistant Secretary
to consult with the Secretary of the Interior for the purpose
of issuing rules to carry out this title.
Sec. 206. Payments. Allows payments under this title to be
made in advance or by way of reimbursement according to
conditions the Assistant Secretary may determine.
Sec. 207. Authorization of Appropriations. Authorizes
funding to carry out this title for fiscal years 2000 through
2004.
Title III--Grants for State and Community Programs on Aging
Subtitle A--Grants for Programs on Aging
Sec. 301. Technical Assistance and Cooperation. States that
the Assistant Secretary may request assistance and cooperation
from other appropriate Federal Agencies.
Sec. 302. Allotments: Federal Share. Sets forth the formula
for allotment of funds to States for Supportive Services,
Multipurpose Senior Centers, Nutrition Services, the Long-Term
Care Ombudsman Program, the National Family Caregiver Program,
and services for disease prevention and for remediation of
elder abuse and neglect.
Sec. 303. Eligibility of States; Organization. Sets forth
eligibility requirements for States to receive funds under this
title, which include submission of a State plan to the
Assistant Secretary for approval, implementation of the plan,
serving as an effective and visible advocate for older
Americans, and designation of a public or private Area Agency
on Aging.
Sec. 304. State Plans. Requires each State to submit a
State plan to the Assistant Secretary in order to be eligible
to receive funds under this title. Sets forth the required
elements necessary in the State Plan. Sets forth the process
for approval or disapproval of the State Plan.
Sec. 305. Area Plans. Requires each Area Agency on Aging to
submit an area plan in order to be approved by the State
agency. Sets forth required elements necessary in the Area
plan.
Sec. 306. Planning, Coordination, Evaluation, and
Administration of State Plans. Sets forth limitations and uses
of funds by the State. Also gives authority to transfer funds
between supportive and nutrition services and between
congregate and home delivered nutrition services.
Sec. 307. Payments. Sets forth payments of grants in a
manner as the Assistant Secretary may determine.
Sec. 321. Program Authorized. Requires the Assistant
Secretary to carry out a program for making grants to States to
carry supportive services. Lists the types of supportive
services that can be funded under this chapter.
Sec. 331. Congregate Nutrition Program Authorized. Requires
the Assistant Secretary to carry out a program of grants to
States for the establishment and operation of nutrition
programs. Sets forth requirements for such programs, including
a requirement for the provision of at least one meal per day
for at least 5 days a week (where possible).
Sec. 334. Home Delivered Nutrition Services Program
Authorized. Requires the Assistant Secretary to carry out a
program of grants to States for the establishment and operation
of home delivered nutrition programs. Sets forth requirements
for such programs, including a requirement for the provision of
at least one delivered meal per day for at least 5 days a week
(where possible).
Sec. 337. Nutrition. Enumerates the dietary guidelines
required by any state that establishes and operates a nutrition
program.
Sec. 341. Disaster Relief Reimbursements. Permits the
Assistant Secretary to provide reimbursements to States and
tribal organizations for the express purpose of providing
supportive services during any Presidentially declared
disaster.
Subtitle B--Disease Prevention and Health Promotion Services Program
Authorized
Sec. 351. Program Authorized. Requires the Assistant
Secretary to carry out a program of grants to States to provide
Disease Prevention and Health Promotion Services at multi-
purpose senior centers, congregate meal sites, or other
appropriate sites.
Sec. 352. Distribution to Area Agencies on Aging. Directs
the Area Agencies on Aging receiving funding under this
Subtitle to prioritize areas which are medically undeserved and
have the greatest economic need for such services.
Sec. 353. Definition. Provides the definition of Disease
Prevention and Health Promotion Services.
Subtitle C--Family Caregiver Programs
Sec. 361. Caregiver Support Program Authorized. Permits the
Assistant Secretary to carry out a program of grants to States
for the establishment and operation of systems of support for
families and other individuals who provide caregiving services
to older individuals.
Subtitle D--Authorization of Appropriations
Sec. 391. Authorization of Appropriations. Authorizes the
appropriation of funds to carry out this title for FY 2000
through 2004.
Sec. 392. Additional Funds Available for Nutrition
Services. Additional funds shall be made available by the
Secretary of Agriculture to provide nutrition services for
fiscal years 2000 through 2004. The allotment of these
additional funds shall be directly proportional to the number
of meals served in a State or served by a tribal organization
in the previous year. This section also allows the recipient of
funds to receive commodities in lieu of cash, as well as making
authorizations for fiscal years 2000 through 2004.
Title IV--State Long Term Care Ombudsman Programs; Services for the
Prevention and Remediation of Elder Abuse, Neglect, and Exploitation
Subtitle A--Use of Additional Allotments
Sec. 401. Use Of Allotments. Requires the Assistant
Secretary to provide funds under the Supportive Services and
Nutrition Services Program (Sec. 302) to the States to carry
out the long-term care ombudsman program and to provide
services for the prevention and remediation of elder abuse,
neglect, and exploitation.
Subtitle B--State Long-Term Care Ombudsman Program
Sec. 421. Requirements Applicable To State Long-Term Care
Ombudsman Program. Enumerates the State agency's
responsibilities with regard to the Long-Term Care Ombudsman
Program. This section enumerates the duties of the State with
regard to this program, permits the State to either carry out
the program or contract with outside public or private entities
to provide these types of services, requires the State to
designate a local Ombudsman entity or representative, requires
that a State agency be designated to collect and analyze data
relating to complaints and conditions in long-term care
facilities, requires the State agency to develop procedures for
preventing conflict of interests, and requires the State agency
to provide adequate legal services.
Subtitle C--Prevention and Remediation of Elder Abuse, Neglect, and
Exploitation
Sec. 441. Requirements Applicable to Providing Services to
Prevent and To Re-Mediate Elder Abuse, Neglect, And
Exploitation. Enumerates the requirements the State must
include in their plans to participate in this program.
Sec. 442. Manner of Providing of Services. Permits the
State agency to provide services under this subtitle directly
or through various types of public or private entities.
Subtitle D--Administrative Provisions; Authorizations of Appropriations
Sec. 491. Technical Assistance. Permits the Assistant
Secretary to request technical assistance from other Federal
entities and provide technical assistance and training to
individuals who administer the various programs under subtitle
B or C.
Sec. 492. Audits. Requires access by the Assistant
Secretary, the Comptroller General of the United States, or
their designees to books, documents, papers or other records of
the State agencies receiving assistance under subtitle B or C.
Sec. 493. Authorizations of Appropriations. Authorizes the
appropriation of funds to carry out this title for FY 2000
through 2004.
Title V--Community Service Employment for Older Americans
Sec. 501. Short Title. Cites as the short title the ``Older
American Community Service Employment Act of 1999.''
Sec. 502. Allotment and Reservation of Funds for Community
Service Employment. Sets forth the allotment of funds and
distribution of such funds to the States for fiscal years 2000
through 2004. Requires the Secretary of Labor to allot funds
based on funding levels from fiscal year 1999, the number of
individuals over the age of 55 years who reside in each state.
Sets forth a shift in funding over a 5-year period from the
National organizations that carry out this program in the
States to the State agencies.
Sec. 503. Older American Community Service Employment
Program. Requires the Secretary to make grants to eligible
States and, on a competitive basis, to public and nonprofit,
private, national organizations, for the purpose of providing
to unemployed low income older individuals who have poor
employment prospects, employment opportunities in providing
community services. Requires the Secretary to set forth by rule
performance standards that provide objective, quantifiable, and
measurable standards to be met by the recipients of funds under
this Title. Also requires the Secretary to enter into a
contract with a non-government entity to perform evaluation of
the public and nonprofit, private, national organizations who
receive funds under this Title.
Sec. 504. Participants Not Federal Employees. States that
older individuals who participate in this program are not
considered Federal employees.
Sec. 505. Treatment of Employment Assistance for Purposes
of Federal Housing And Food Stamp Programs. States that funds
received by older individuals, under this program, may not be
considered as income for the purpose of Federal housing
assistance or the Food Stamp program.
Sec. 506. Authorization of Appropriations. Authorizes the
appropriation of funds to carry out this title for FY 2000
through 2004.
Section 4. Conforming amendments to other laws
Describes the conforming amendments.
Section 5. Fiscal year references for fiscal year 2000
Definition of ``preceding year'' for fiscal year
references.
Section 6. Issuance of rules
Requirements for Issuance of Rules.
Section 7. Effective dates
Sets effective dates for the various amendments to the Act.
Explanation of Amendments
The Amendment in the Nature of a Substitute is explained in
the body of this report.
Application of Law to the Legislative Branch
Section 102(b)(3) of Public Law 104-1 requires a
description of the application of this bill to the legislative
branch. This bill, H.R. 782, encourages and assists State
agencies, area agencies on aging, and tribal organizations to
concentrate resources in order to develop greater capacity and
foster the development and implementation of comprehensive and
coordinated systems to serve older individuals. The bill does
not prevent legislative branch employees from receiving the
benefits of this legislation.
Unfunded Mandate Statement
Section 423 of the Congressional Budget and Impoundment
Control Act (as amended by Section 101(a)(2) of the Unfunded
Mandates Reform Act, P.L. 104-4) requires a statement of
whether the provisions of the reported bill include unfunded
mandates. This bill allows cooperative arrangements in each
State for the planning and provision of supportive services,
nutrition services, multipurpose senior centers, community
services employment, and volunteer services. As such, the bill
does not contain any unfunded mandates.
Rollcall Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee Report to include for
each record vote on a motion to report the measure or matter
and on any amendments offered to the measure or matter the
total number of votes for and against and the names of the
Members voting for and against. There were no rollcall votes.
Statement of Oversight Findings and Recommendations of the Committee
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the Committee's oversight findings and
recommendations are reflected in the body of this report.
New Budget Authority and Congressional Budget Office Cost Estimate
With respect to the requirements of clause 3(c)(2) of rule
XIII of the House of Representatives and section 308(a) of the
Congressional Budget Act of 1974 and with respect to
requirements of 3(c)(3) of rule XIII of the House of
Representatives and section 402 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for H.R. 782 from the Director of the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 17, 1999.
Hon. William F. Goodling,
Chairman, Committee on Education and the Workforce,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 782, the Older
Americans Act of 1999.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Christina
Hawley Sadoti.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
H.R. 782--Older Americans Act of 1999
Summary: H.R. 782 would authorize spending for fiscal years
2000-2004 on programs designed to serve the needs of older
Americans, including the funding of senior centers, supportive
services, congregate and home-delivered meals, community
service employment, and research on aging through grants to
states and other organizations. Assuming appropriation of the
authorized amounts, including adjustments for inflation after
2000, CBO estimates that additional outlays would total $7.6
billion over the 2000-2004 period. If funding is maintained
throughout the period at the $1.6 billion authorized for 2000,
outlays would total $7.3 billion over the five years. In 1999,
appropriations for older Americans programs totaled $1.5
billion. Because H.R. 782 would not affect direct spending or
receipts, pay-as-you-go procedures would not apply to the bill.
H.R. 782 contains no intergovernmental or private sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
Any costs to state, local, or tribal governments as a result of
enactment of this bill would be incurred voluntarily.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 782 is shown in the following table.
The costs of this legislation fall within budget functions
500 (education, training, employment, and social services).
TABLE 1. BUDGETARY EFFECTS OF H.R. 782
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------------
1999 2000 2001 2002 2003 2004
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
With Adjustments for Inflation
Spending under current law:
Budget authority...................................... 1,462 0 0 0 0 0
Estimated outlays..................................... 1,441 632 56 0 0 0
Proposed changes:
Estimated authorization level......................... 0 1,607 1,643 1,686 1,731 1,775
Estimated outlays..................................... 0 934 1,555 1,667 1,710 1,754
Spending under H.R. 782:
Estimated authorization level......................... 1,462 1,607 1,643 1,686 1,731 1,775
Estimated outlays..................................... 1,441 1,566 1,611 1,667 1,710 1,754
Without Adjustments for Inflation
Spending under current law:
Budget authority...................................... 1,462 0 0 0 0 0
Estimated outlays..................................... 1,441 632 56 0 0 0
Proposed changes:
Estimated authorization level......................... 0 1,607 1,607 1,607 1,607 1,607
Estimated outlays..................................... 0 934 1,534 1,607 1,607 1,607
Spending under H.R. 782:
Estimated authorization level......................... 1,462 1,607 1,607 1,607 1,607 1,607
Estimated outlays..................................... 1,441 1,566 1,591 1,607 1,607 1,607
----------------------------------------------------------------------------------------------------------------
Note.--Components may not sum to totals due to rounding.
Basis of estimate: H.R. 782 would amend the Older Americans
Act of 1965 by substituting new authorizations for programs
that are broadly similar to those previously authorized. It
would authorize appropriations of $1.6 billion for fiscal year
2000 and ``such sums as may be necessary'' for 2001-2004 for
programs designed to assist older Americans. Assuming that
funding for 2001-2004 would be the same as the authorized level
for 2000, adjusted for inflation, appropriations would reach
$1.8 billion by 2004 and would total $8.4 billion over the
2000-2004 period. If adjustments for inflation are not made,
appropriations would total $8.0 billion over the same five-year
period. Outlay estimates assume spending according to the
historical patterns of the programs. The amounts authorized for
these programs, assuming inflation adjustments after 2000, are
shown in Table 2, and the programs are discussed below.
The bill reauthorize the Administration on Aging in the
Department of Health and Human Services to administer programs
for the elderly. In addition, it would reestablish grant-making
authority for special projects and programs, including career
preparation in the field of aging, pension rights demonstration
projects, and health care service demonstration projects in
rural areas. Together, administrative expenses and special
projects would be authorized at $33 million for fiscal year
2000.
Grants for Native American Programs on Aging would be
authorized at $19 million for fiscal year 2000. Native American
organizations that represent at least 50 older individuals
would be eligible to receive grants for the delivery of
supportive and nutrition services.
H.R. 782 also would authorize grants for state and
community programs on aging. As under current law, funding
would be provided for supportive services and multipurpose
senior centers ($306 million in 2000), nutrition services
(including congregate and home-delivered meals, for a total of
$496 million in 2000), supplemental nutrition services through
the Department of Agriculture ($150 million in 2000), and
disease prevention and health promotion ($16 million in 2000).
The bill also would establish a new program designed to provide
information and support to individuals who care for elderly
family members. Grants to states for family caregiver programs
would be authorized at $125 million in 2000. Grants for senior
centers and nutrition programs would be allotted to states
according to the populations of individuals 60 years of age and
older, and would cover no more than 85 percent of program
costs. For the family caregiver programs, funds would be
allotted based on the population of individuals aged 70 and
older, and federal funds could be used for no more than 75
percent of program costs.
State programs to provide ombudsmen for long-term care and
grants aimed at the prevention of elder abuse, neglect, and
exploitation would be authorized at $12 million for fiscal year
2000. Those grants would assist states in identifying,
investigating, and resolving complaints made by or on behalf of
residents of long-term care facilities.
Finally, the Senior Community Service Employment Program,
which is operated by the Department of Labor and provides
subsidized employment opportunities for individuals aged 55 and
older, would be authorized at $449 million for fiscal year
2000. Funding would be split between the states and national
organizations, with states receiving an increasing share over
the five-year period.
TABLE 2. AUTHORIZATIONS UNDER H.R. 782, WITH ADJUSTMENTS FOR INFLATION
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
--------------------------------------------
2000 2001 2002 2003 2004
----------------------------------------------------------------------------------------------------------------
Administration:
Estimated authorization........................................ 15 15 16 16 17
Estimated outlays.............................................. 14 15 16 16 17
Special projects:
Estimated authorization........................................ 18 19 19 20 20
Estimated outlays.............................................. 4 13 19 19 20
Grants for Native Americans:
Estimated authorization........................................ 19 19 20 20 21
Estimated outlays.............................................. 9 18 19 20 21
Supportive services and senior centers:
Estimated authorization........................................ 306 313 322 330 339
Estimated outlays.............................................. 230 305 319 328 336
Congregate meals:
Estimated authorization........................................ 382 390 401 412 422
Estimated outlays.............................................. 324 381 399 410 421
Home-delivered meals:
Estimated authorization........................................ 114 117 120 123 126
Estimated outlays.............................................. 86 115 119 122 126
Supplemental nutrition:
Estimated authorization........................................ 150 153 156 160 163
Estimated outlays.............................................. 116 152 156 159 162
Disease prevention and health promotion:
Estimated authorization........................................ 16 17 17 18 18
Estimated outlays.............................................. 12 16 17 18 18
Family caregiver:
Estimated authorization........................................ 125 128 131 135 138
Estimated outlays.............................................. 50 114 129 132 136
Ombudsman and elder abuse prevention:
Estimated authorization........................................ 12 13 13 13 14
Estimated outlays.............................................. 8 12 13 13 14
Community service employment:
Estimated authorization........................................ 449 459 471 484 496
Estimated outlays.............................................. 81 413 460 472 485
Total, aging services:
Estimated authorization........................................ 1,607 1,643 1,686 1,731 1,775
Estimated outlays.............................................. 934 1,555 1,667 1,710 1,754
----------------------------------------------------------------------------------------------------------------
Note.--Components may not sum to totals due to rounding.
Pay-as-you-go considerations: None.
Intergovernmental and private-sector impact: H.R. 782
contains no intergovernmental or private sector mandates as
defined in UMRA. CBO estimates that state, local, and tribal
governments could receive grants totaling $7 billion over the
next five years under the programs authorized by this bill. Any
costs associated with receipt of these funds would be incurred
voluntarily.
Estimate prepared by: Federal cost: Christina Hawley Sadoti
and Valeri Baxter; Impact on State, local, and tribal
governments: Susan Sieg.
Estimate approved by: Robert Sunshine, Assistant Director
for Budget Analysis.
Statement of Oversight Findings of the Committee on Government Reform
With respect to the requirement of clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives, the
Committee has received no report of oversight findings and
recommendations from the Committee on Government Reform on the
subject of H.R. 782.
Constitutional Authority Statement
Under clause 3(d)(1) of rule XIII of the Rules of the House
of Representatives, the Committee must include a statement
citing the specific powers granted to Congress in the
Constitution to enact the law proposed by H.R. 782. The
Committee believes that the Older Americans Act and the
amendments thereto made by this bill are within Congress's
authority under Article I, section 8, clause 1 of the
Constitution.
Committee Estimate
Clauses 3(d)(2) of rule XIII of the Rules of the House of
Representatives requires an estimate and a comparison by the
Committee of the costs that would be incurred in carrying out
H.R. 782. However, clause 3(d)(3)(B) of that rule provides that
this requirement does not apply when the Committee has included
in its report a timely submitted cost estimate of the bill
prepared by the Director of the Congressional Budget Office
under section 402 of the Congressional Budget Act.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
OLDER AMERICANS ACT OF 1965
* * * * * * *
[TITLE I--DECLARATION OF OBJECTIVES; DEFINITIONS
[declaration of objectives for older americans
[Sec. 101. The Congress hereby finds and declares that, in
keeping with the traditional American concept of the inherent
dignity of the individual in our democratic society, the older
people of our Nation are entitled to, and it is the joint and
several duty and responsibility of the governments of the
United States, of the several States and their political
subdivisions, and of Indian tribes to assist our older people
to secure equal opportunity to the full and free enjoyment of
the following objectives:
[(1) An adequate income in retirement in accordance
with the American standard of living.
[(2) The best possible physical and mental health
which science can make available and without regard to
economic status.
[(3) Obtaining and maintaining suitable housing,
independently selected, designed and located with
reference to special needs and available at costs which
older citizens can afford.
[(4) Full restorative services for those who require
institutional care, and a comprehensive array of
community-based, long-term care services adequate to
appropriately sustain older people in their communities
and in their homes, including support to family members
and other persons providing voluntary care to older
individuals needing long-term care services.
[(5) Opportunity for employment with no
discriminatory personnel practices because of age.
[(6) Retirement in health, honor, dignity--after
years of contribution to the economy.
[(7) Participating in and contributing to meaningful
activity within the widest range of civic, cultural,
educational and training and recreational
opportunities.
[(8) Efficient community services, including access
to low-cost transportation, which provide a choice in
supported living arrangements and social assistance in
a coordinated manner and which are readily available
when needed, with emphasis on maintaining a continuum
of care for vulnerable older individuals.
[(9) Immediate benefit from proven research knowledge
which can sustain and improve health and happiness.
[(10) Freedom, independence, and the free exercise of
individual initiative in planning and managing their
own lives, full participation in the planning and
operation of community-based services and programs
provided for their benefit, and protection against
abuse, neglect, and exploitation.
[definitions
[Sec. 102. For the purposes of this Act--
[(1) The term ``Secretary'' means the Secretary of
Health and Human Services, expect that for purposes of
title V such term means the Secretary of Labor.
[(2) The term ``Assistant Secretary'' means the
Assistant Secretary for Aging.
[(3) The term ``State'' means any of the several
States, the District of Columbia, the Virgin Islands of
the United States, the Commonwealth of Puerto Rico,
Guam, American Samoa, the Commonwealth of the Northern
Mariana Islands, and the Trust Territory of the Pacific
Islands.
[(4) The term ``nonprofit'' as applied to any agency,
institution, or organization means an agency,
institution, or organization which is, or is owned and
operated by, one or more corporations or associations
no part of the net earnings of which inures, or may
lawfully inure, to the benefit of any private
shareholder or individual.
[(5) The term ``Indian'' means a person who is a
member of an Indian tribe.
[(6) Except for the purposes of title VI of this Act,
the term ``Indian tribe'' means any tribe, band,
nation, or other organized group or community of
Indians (including any Alaska Native village or
regional or village corporation as defined in or
established pursuant to the Alaska Native Claims
Settlement Act (Public Law 92-203; 85 Stat. 688) which
(A) is recognized as eligible for the special programs
and services provided by the United States to Indians
because of their status as Indians; or (B) is located
on, or in proximity to, a Federal or State reservation
or rancheria.
[(7) Except for the purposes of title VI of this Act,
the term ``tribal organization'' means the recognized
governing body of any Indian tribe, or any legally
established organization of Indians which is
controlled, sanctioned, or chartered by such governing
body. In any case in which a contract is let or grant
made to an organization to perform services benefiting
more than one Indian tribe, the approval of each such
Indian tribe shall be a prerequisite to the letting or
making of such contract or grant.
[(8) The term ``disability'' means (except when such
term is used in the phrase ``severe disability'',
``developmental disabilities'', ``physical or mental
disability'', ``physical and mental disabilities'', or
``physical disabilities'') a disability attributable to
mental or physical impairment, or a combination of
mental and physical impairments, that results in
substantial functional limitations in 1 or more of the
following areas of major life activity: (A) self-care,
(B) receptive and expressive language, (C) learning,
(D) mobility, (E) self-direction, (F) capacity for
independent living, (G) economic self-sufficiency, (H)
cognitive functioning, and (I) emotional adjustment.
[(9) The term ``severe disability'' means a severe,
chronic disability attributable to mental or physical
impairment, or a combination of mental and physical
impairments, that--
[(A) is likely to continue indefinitely; and
[(B) results in substantial functional
limitation in 3 or more of the major life
activities specified in subparagraphs (A)
through (G) of paragraph (8).
[(10) The term ``assistive technology'' means
technology, engineering methodologies, or scientific
principles appropriate to meet the needs of, and
address the barriers confronted by, older individuals
with functional limitations.
[(11) The term ``information and referral'' includes
information relating to assistive technology.
[(12) The term ``Trust Territory of the Pacific
Islands'' includes the Federated States of Micronesia,
the Republic of the Marshall Islands, and the Republic
of Palau.
[(13) The term ``abuse'' means the willful--
[(A) infliction of injury, unreasonable
confinement, intimidation, or cruel punishment
with resulting physical harm, pain, or mental
anguish; or
[(B) deprivation by a person, including a
caregiver, of goods or services that are
necessary to avoid physical harm, mental
anguish, or mental illness.
[(14) The term ``Administration'' means the
Administration on Aging.
[(15) The term ``adult child with a disability''
means a child who--
[(A) is 18 years of age or older;
[(B) is financially dependent on an older
individual who is a parent of the child; and
[(C) has a disability.
[(16) The term ``aging network'' means the network
of--
[(A) State agencies, area agencies on aging,
title VI grantees, and the Administration; and
[(B) organizations that--
[(i)(I) are providers of direct
services to older individuals; or
[(II) are institutions of higher
education; and
[(ii) receive funding under this Act.
[(17) The term ``area agency on aging'' means an area
agency on aging designated under section 305(a)(2)(A)
or a State agency performing the functions of an area
agency on aging under section 305(b)(5).
[(18) The term ``art therapy'' means the use of art
and artistic processes specifically selected and
administered by an art therapist, to accomplish the
restoration, maintenance, or improvement of the mental,
emotional, or social functioning of an older
individual.
[(19) The term ``board and care facility'' means an
institution regulated by a State pursuant to section
1616(e) of the Social Security Act (42 U.S.C.
1382e(e)).
[(20) The term ``caregiver'' means an individual who
has the responsibility for the care of an older
individual, either voluntarily, by contract, by receipt
of payment for care, or as a result of the operation of
law.
[(21) The term ``caretaker'' means a family member or
other individual who provides (on behalf of such
individual or of a public or private agency,
organization, or institution) uncompensated care to an
older individual who needs supportive services.
[(22) The term ``case management service''--
[(A) means a service provided to an older
individual, at the direction of the older
individual or a family member of the
individual--
[(i) by an individual who is trained
or experienced in the case management
skills that are required to deliver the
services and coordination described in
subparagraph (B); and
[(ii) to assess the needs, and to
arrange, coordinate, and monitor an
optimum package of services to meet the
needs, of the older individual; and
[(B) includes services and coordination such
as--
[(i) comprehensive assessment of the
older individual (including the
physical, psychological, and social
needs of the individual);
[(ii) development and implementation
of a service plan with the older
individual to mobilize the formal and
informal resources and services
identified in the assessment to meet
the needs of the older individual,
including coordination of the resources
and services--
[(I) with any other plans
that exist for various formal
services, such as hospital
discharge plans; and
[(II) with the information
and assistance services
provided under this Act;
[(iii) coordination and monitoring of
formal and informal service delivery,
including coordination and monitoring
to ensure that services specified in
the plan are being provided;
[(iv) periodic reassessment and
revision of the status of the older
individual with--
[(I) the older individual; or
[(II) if necessary, a primary
caregiver or family member of
the older individual; and
[(v) in accordance with the wishes of
the older individual, advocacy on
behalf of the older individual for
needed services or resources.
[(23) The term ``dance-movement therapy'' means the
use of psychotherapeutic movement as a process
facilitated by a dance-movement therapist, to further
the emotional, cognitive, or physical health of an
older individual.
[(24) The term ``elder abuse'' means abuse of an
older individual.
[(25) The term ``elder abuse, neglect, and
exploitation'' means abuse, neglect, and exploitation,
of an older individual.
[(26) The term ``exploitation'' means the illegal or
improper act or process of an individual, including a
caregiver, using the resources of an older individual
for monetary or personal benefit, profit, or gain.
[(27) The term ``focal point'' means a facility
established to encourage the maximum collocation and
coordination of services for older individuals.
[(28) The term ``frail'' means, with respect to an
older individual in a State, that the older individual
is determined to be functionally impaired because the
individual--
[(A)(i) is unable to perform at least two
activities of daily living without substantial
human assistance, including verbal reminding,
physical cueing, or supervision; or
[(ii) at the option of the State, is unable
to perform at least three such activities
without such assistance; or
[(B) due to a cognitive or other mental
impairment, requires substantial supervision
because the individual behaves in a manner that
poses a serious health or safety hazard to the
individual or to another individual.
[(29) The term ``greatest economic need'' means the
need resulting from an income level at or below the
poverty line.
[(30) The term ``greatest social need'' means the
need caused by noneconomic factors, which include--
[(A) physical and mental disabilities;
[(B) language barriers; and
[(C) cultural, social, or geographical
isolation, including isolation caused by racial
or ethnic status, that--
[(i) restricts the ability of an
individual to perform normal daily
tasks; or
[(ii) threatens the capacity of the
individual to live independently.
[(31) The term ``information and assistance service''
means a service for older individuals that--
[(A) provides the individuals with current
information on opportunities and services
available to the individuals within their
communities, including information relating to
assistive technology;
[(B) assesses the problems and capacities of
the individuals;
[(C) links the individuals to the
opportunities and services that are available;
[(D) to the maximum extent practicable,
ensures that the individuals receive the
services needed by the individuals, and are
aware of the opportunities available to the
individuals, by establishing adequate followup
procedures; and
[(E) serves the entire community of older
individuals, particularly--
[(i) older individuals with greatest
social need; and
[(ii) older individuals with greatest
economic need.
[(32) The term ``institution of higher education''
has the meaning given the term in section 101 of the
Higher Education Act of 1965.
[(33) The term ``legal assistance''--
[(A) means legal advice and representation
provided by an attorney to older individuals
with economic or social needs; and
[(B) includes--
[(i) to the extent feasible,
counseling or other appropriate
assistance by a paralegal or law
student under the direct supervision of
an attorney; and
[(ii) counseling or representation by
a nonlawyer where permitted by law.
[(34) The term ``long-term care facility'' means--
[(A) any skilled nursing facility, as defined
in section 1819(a) of the Social Security Act
(42 U.S.C. 1395i-3(a));
[(B) any nursing facility, as defined in
section 1919(a) of the Social Security Act (42
U.S.C. 1396r(a));
[(C) for purposes of sections 307(a)(12) and
712, a board and care facility; and
[(D) any other adult care home similar to a
facility or institution described in
subparagraphs (A) through (C).
[(35) The term ``multipurpose senior center'' means a
community facility for the organization and provision
of a broad spectrum of services, which shall include
provision of health (including mental health), social,
nutritional, and educational services and the provision
of facilities for recreational activities for older
individuals.
[(36) The term ``music therapy'' means the use of
musical or rhythmic interventions specifically selected
by a music therapist to accomplish the restoration,
maintenance, or improvement of social or emotional
functioning, mental processing, or physical health of
an older individual.
[(37) The term ``neglect'' means--
[(A) the failure to provide for oneself the
goods or services that are necessary to avoid
physical harm, mental anguish, or mental
illness; or
[(B) the failure of a caregiver to provide
the goods or services.
[(38) The term ``older individual'' means an
individual who is 60 years of age or older.
[(39) The term ``physical harm'' means bodily injury,
impairment, or disease.
[(40) The term ``planning and service area'' means an
area designated by a State agency under section
305(a)(1)(E), including a single planning and service
area described in section 305(b)(5)(A).
[(41) The term ``poverty line'' means the official
poverty line (as defined by the Office of Management
and Budget, and adjusted by the Secretary in accordance
with section 673(2) of the Community Services Block
Grant Act (42 U.S.C. 9902(2)).
[(42) The term ``representative payee'' means a
person who is appointed by a governmental entity to
receive, on behalf of an older individual who is unable
to manage funds by reason of a physical or mental
incapacity, any funds owed to such individual by such
entity.
[(43) The term ``State agency'' means the agency
designated under section 305(a)(1).
[(44) The term ``supportive service'' means a service
described in section 321(a).
[TITLE II--ADMINISTRATION ON AGING
[establishment of administration on aging
[Sec. 201. (a) There is established in the Office of the
Secretary an Administration on Aging which shall be headed by
an Assistant Secretary for Aging. Except for title V, the
Administration shall be the agency for carrying out this Act.
There shall be a direct reporting relationship between the
Assistant Secretary and the Secretary. In the performance of
the functions of the Assistant Secretary, the Assistant
Secretary shall be directly responsible to the Secretary. The
Secretary shall not approve or require any delegation of the
functions of the Assistant Secretary (including the functions
of the Assistant Secretary carried out through regional
offices) to any other officer not directly responsible to the
Assistant Secretary.
[(b) The Assistant Secretary shall be appointed by the
President by and with the advice and consent of the Senate.
[(c)(1) There is established in the Administration an
Office for American Indian, Alaskan Native, and Native Hawaiian
Programs.
[(2) The Office shall be headed by a Director of the Office
for American Indian, Alaskan Native, and Native Hawaiian Aging
appointed by the Assistant Secretary.
[(3) The Director of the Office for American Indian,
Alaskan Native, and Native Hawaiian Aging shall--
[(A)(i) evaluate the adequacy of outreach under title
III and title VI for older individuals who are Native
Americans and recommend to the Assistant Secretary
necessary action to improve service delivery, outreach,
coordination between title III and title VI services,
and particular problems faced by older Indians and
Native Hawaiians; and
[(ii) include a description of the results of such
evaluation and recommendations in the annual report
required by section 207(a) to be submitted by the
Assistant Secretary;
[(B) serve as the effective and visible advocate in
behalf of older individuals who are Native Americans
within the Department of Health and Human Services and
with other departments and agencies of the Federal
Government regarding all Federal policies affecting
such individuals, with particular attention to services
provided to Native Americans by the Indian Health
Service;
[(C) coordinate activities between other Federal
departments and agencies to assure a continuum of
improved services through memoranda of agreements or
through other appropriate means of coordination;
[(D) administer and evaluate the grants provided
under this Act to Indian tribes, public agencies and
nonprofit private organziations serving Native
Hawaiians;
[(E) recommend to the Assistant Secretary policies
and priorities with respect to the development and
operation of programs and activities conducted under
this Act relating to older individuals who are Native
Americans;
[(F) collect and disseminate information related to
problems experienced by older Native Americans,
including information (compiled with assistance from
public or nonprofit private entities, including
institutions of higher education, with experience in
assessing the characteristics and health status of
older individuals who are Native Americans) on elder
abuse, in-home care, health problems, and other
problems unique to Native Americans;
[(G) develop research plans, and conduct and arrange
for research, in the field of American Native aging
with a special emphasis on the gathering of statistics
on the status of older individuals who are Native
Americans;
[(H) develop and provide technical assistance and
training programs to grantees under title VI;
[(I) promote coordination--
[(i) between the administration of title III
and the administration of title VI; and
[(ii) between programs established under
title III by the Assistant Secretary and
programs established under title VI by the
Assistant Secretary;
including sharing among grantees information on
programs funded, and on training and technical
assistance provided, under such titles; and
[(J) serve as the effective and visible advocate on
behalf of older individuals who are Indians, Alaskan
Natives, and Native Hawaiians, in the States to promote
the enhanced delivery of services and implementation of
programs, under this Act and other Federal Acts, for
the benefit of such individuals.
[(d)(1) There is established in the Administration the Office
of Long-Term Care Ombudsman Programs (in this subsection
referred to as the ``Office'').
[(2)(A) The Office shall be headed by a Director of the
Office of Long-Term Care Ombudsman Programs (in this subsection
referred to as the ``Director'') who shall be appointed by the
Assistant Secretary from among individuals who have expertise
and background in the fields of long-term care advocacy and
management. The Director shall report directly to the Assistant
Secretary.
[(B) No individual shall be appointed Director if--
[(i) the individual has been employed within the
previous 2 years by--
[(I) a long-term care facility;
[(II) a corporation that then owned or
operated a long-term care facility; or
[(III) an association of long-term care
facilities;
[(ii) the individual--
[(I) has an ownership or investment interest
(represented by equity, debt, or other
financial relationship) in a long-term care
facility or long-term care service; or
[(II) receives, or has the right to receive,
directly or indirectly remuneration (in cash or
in kind) under a compensation arrangement with
an owner or operator of a long-term care
facility; or
[(iii) the individual, or any member of the immediate
family of the individual, is subject to a conflict of
interest.
[(3) The Director shall--
[(A) serve as an effective and visible advocate on
behalf of older individuals who reside in long-term
care facilities, within the Department of Health and
Human Services and with other departments, agencies,
and instrumentalities of the Federal Government
regarding all Federal policies affecting such
individuals;
[(B) review and make recommendations to the Assistant
Secretary regarding--
[(i) the approval of the provisions in State
plans submitted under section 307(a) that
relate to State Long-Term Care Ombudsman
programs; and
[(ii) the adequacy of State budgets and
policies relating to the programs;
[(C) after consultation with State Long-Term Care
Ombudsmen and the State agencies, make recommendations
to the Assistant Secretary regarding--
[(i) policies designed to assist State Long-
Term Care Ombudsmen; and
[(ii) methods to periodically monitor and
evaluate the operation of State Long-Term Care
Ombudsman programs, to ensure that the programs
satisfy the requirements of section 307(a)(12)
and section 712, including provision of service
to residents of board and care facilities and
of similar adult care facilities;
[(D) keep the Assistant Secretary and the Secretary
fully and currently informed about--
[(i) problems relating to State Long-Term
Care Ombudsman programs; and
[(ii) the necessity for, and the progress
toward, solving the problems;
[(E) review, and make recommendations to the
Secretary and the Assistant Secretary regarding,
existing and proposed Federal legislation, regulations,
and policies regarding the operation of State Long-Term
Care Ombudsman programs;
[(F) make recommendations to the Assistant Secretary
and the Secretary regarding the policies of the
Administration, and coordinate the activities of the
Administration with the activities of other Federal
entities, State and local entities, and nongovernmental
entities, relating to State Long-Term Care Ombudsman
programs;
[(G) supervise the activities carried out under the
authority of the Administration that relate to State
Long-Term Care Ombudsman programs;
[(H) administer the National Ombudsman Resource
Center established under section 202(a)(21) and make
recommendations to the Assistant Secretary regarding
the operation of the National Ombudsman Resource
Center;
[(I) advocate, monitor, and coordinate Federal and
State activities of Long-Term Care Ombudsmen under this
Act;
[(J) submit to the Speaker of the House of
Representatives and the President pro tempore of the
Senate an annual report on the effectiveness of
services provided under section 307(a)(12) and section
712;
[(K) have authority to investigate the operation or
violation of any Federal law administered by the
Department of Health and Human Services that may
adversely affect the health, safety, welfare, or rights
of older individuals; and
[(L) not later than 180 days after the date of the
enactment of the Older Americans Act Amendments of
1992, establish standards applicable to the training
required by section 712(h)(4).
[Functions of Assistant Secretary
[Sec. 202. (a) It shall be the duty and function of the
Administration to--
[(1) serve as the effective and visible advocate for
older individuals within the Department of Health and
Human Services and with other departments, agencies,
and instrumentalities of the Federal Government by
maintaining active review and commenting
responsibilities over all Federal policies affecting
older individuals;
[(2) collect and disseminate information related to
problems of the aged and aging;
[(3) directly assist the Secretary in all matters
pertaining to problems of the aged and aging;
[(4) administer the grants provided by this Act;
[(5) develop plans, conduct and arrange for research
in the field of aging, and assist in the establishment
and implementation of programs designed to meet the
needs of older individuals for supportive services,
including nutrition, hospitalization, education and
training services (including preretirement training,
and continuing education), low-cost transportation and
housing, and health (including mental health) services;
[(6) provide technical assistance and consultation to
States and political subdivisions thereof with respect
to programs for the aged and aging;
[(7) prepare, publish, and disseminate educational
materials dealing with the welfare of older
individuals;
[(8) gather statistics in the field of aging which
other Federal agencies are not collecting, and take
whatever action is necessary to achieve coordination of
activities carried out or assisted by all departments,
agencies, and instrumentalities of the Federal
Government with respect to the collection, preparation,
and dissemination of information relevant to older
individuals;
[(9) stimulate more effective use of existing
resources and available services for the aged and
aging, including existing legislative protections with
particular emphasis on the application of the Age
Discrimination in Employment Act of 1967;
[(10) develop basic policies and set priorities with
respect to the development and operation of programs
and activities conducted under authority of this Act;
[(11) coordinate Federal programs and activities
related to such purposes;
[(12) coordinate, and assist in, the planning and
development by public (including Federal, State, and
local agencies) and private organizations or programs
for older individuals with a view to the establishment
of a nationwide network of comprehensive, coordinated
services and opportunities for such individuals;
[(13) convene conferences of such authorities and
officials of public (including Federal, State, and
local agencies) and nonprofit private organizations
concerned with the development and operation of
programs for older individuals as the Assistant
Secretary deems necessary or proper for the development
and implementation of policies related to the
objectives of this Act;
[(14) develop and operate programs providing services
and opportunities as authorized by this Act which are
not otherwise provided by existing programs for older
individuals;
[(15) carry on a continuing evaluation of the
programs and activities related to the objectives of
this Act, with particular attention to the impact of
medicare and medicaid, the Age Discrimination in
Employment Act of 1967, and the programs of the
National Housing Act relating to housing for older
individuals and the setting of standards for the
licensing of nursing homes, intermediate care homes,
and other facilities providing care for such
individuals;
[(16) provide information and assistance to private
organizations for the establishment and operation by
them of programs and activities related to the
objectives of this Act;
[(17) develop, in coordination with other agencies, a
national plan for meeting the needs for trained
personnel in the field of aging, and for training
persons for carrying out programs related to the
objectives of this Act, and conduct and provide for the
conducting of such training;
[(18) consult with national organizations
representing minority individuals to develop and
disseminate training packages and to provide technical
assistance efforts designed to assist State and area
agencies on aging, and service providers, in providing
services to older individuals with greatest economic
need or individuals with greatest social need, with
particular attention to and specific objectives for
providing services to low-income minority individuals;
[(19) collect for each fiscal year, for fiscal years
beginning after September 30, 1988, directly or by
contract, statistical data regarding programs and
activities carried out with funds provided under this
Act, including--
[(A) with respect to each type of service or
activity provided with such funds--
[(i) the aggregate amount of such
funds expended to provide such service
or activity;
[(ii) the number of individuals who
received such service or activity; and
[(iii) the number of units of such
service or activity provided;
[(B) the number of senior centers which
received such funds; and
[(C) the extent to which each area agency on
aging designated under section 305(a) satisfied
the requirements of paragraphs (2) and (5)(A)
of section 306(a);
[(20) obtain from--
[(A) the Department of Agriculture
information explaining the requirements for
eligibility to receive benefits under the Food
Stamp Act of 1977; and
[(B) the Social Security Administration
information explaining the requirements for
eligibility to receive supplemental security
income benefits under title XVI of the Social
Security Act (or assistance under a State plan
program under title XVI of that Act);
and distribute such information, in written form, to
State agencies, for redistribution to area agencies on
aging, to carry out outreach activities and application
assistance;
[(21)(A) establish and operate the National Ombudsman
Resource Center (in this paragraph referred to as the
``Center''), under the administration of the Director
of the Office of Long-Term Care Ombudsman Programs,
that will--
[(i) by grant or contract--
[(I) conduct research;
[(II) provide training, technical
assistance, and information to State
Long-Term Care Ombudsmen;
[(III) analyze laws, regulations,
programs, and practices; and
[(IV) provide assistance in
recruiting and retaining volunteers for
State Long-Term Care Ombudsman programs
by establishing a national program for
recruitment efforts that utilizes the
organizations that have established a
successful record in recruiting and
retaining volunteers for ombudsman or
other programs;
relating to Federal, State, and local long-term
care ombudsman policies; and
[(ii) assist State Long-Term Care Ombudsmen
in the implementation of State Long-Term Care
Ombudsman programs; and
[(B) make available to the Center not less than the
amount of resources made available to the Long-Term
Care Ombudsman National Resource Center for fiscal year
1990;
[(22) issue regulations, and conduct strict
monitoring of State compliance with the requirements in
effect, under this Act to prohibit conflicts of
interest and to maintain the integrity and public
purpose of services provided and service providers,
under this Act in all contractual and commercial
relationships, and include in such regulations a
requirement that as a condition of being designated as
an area agency on aging such agency shall--
[(A) disclose to the Assistant Secretary and
the State agency involved--
[(i) the identity of each
nongovernmental entity with which such
agency has a contract or commercial
relationship relating to providing any
service to older individuals; and
[(ii) the nature of such contract or
such relationship;
[(B) demonstrate that a loss or diminution in
the quantity or quality of the services
provided, or to be provided, under this Act by
such agency has not resulted and will not
result from such contract or such relationship;
[(C) demonstrate that the quantity or quality
of the services to be provided under this Act
by such agency will be enhanced as a result of
such contract or such relationship; and
[(D) on the request of the Assistant
Secretary or the State, for the purpose of
monitoring compliance with this Act (including
conducting an audit), disclose all sources and
expenditures of funds received or expended to
provide services to older individuals;
[(23) encourage, and provide technical assistance to,
States and area agencies on aging to carry out outreach
to inform older individuals with greatest economic need
who may be eligible to receive, but are not receiving,
supplemental security income benefits under title XVI
of the Social Security Act (42 U.S.C. 1381 et seq.) (or
assistance under a State plan program under such
title), medical assistance under title XIX of such Act
(42 U.S.C. 1396 et seq.), and benefits under the Food
Stamp Act of 1977 (7 U.S.C. 2011 et seq.), of the
requirements for eligibility to receive such benefits
and such assistance;
[(24) establish information and assistance services
as priority services for older individuals;
[(25) develop guidelines for area agencies on aging
to follow in choosing and evaluating providers of legal
assistance;
[(26) develop guidelines and a model job description
for choosing and evaluating legal assistance developers
referred to in sections 307(a)(18) and 731(b)(2);
[(27)(A) conduct a study to determine ways in which
Federal funds might be more effectively targeted to
low-income minority older individuals, and older
individuals residing in rural areas, to better meet the
needs of States with a disproportionate number of older
individuals with greatest economic need and older
individuals with greatest social need;
[(B) conduct a study to determine ways in which
Federal funds might be more effectively targeted to
better meet the needs of States with disproportionate
numbers of older individuals, including methods of
allotting funds under title III, using the most recent
estimates of the population of older individuals; and
[(C) not later than January 1, 1995, submit a report
containing the findings resulting from the studies
described in subparagraphs (A) and (B) to the Speaker
of the House of Representatives and the President pro
tempore of the Senate;
[(28) provide technical assistance, training, and
other means of assistance to State agencies, area
agencies on aging, and service providers regarding
State and local data collection and analysis;
[(29) design and implement, for purposes of
compliance with paragraph (19), uniform data collection
procedures for use by State agencies, including--
[(A) uniform definitions and nomenclature;
[(B) standardized data collection procedures;
[(C) a participant identification and
description system;
[(D) procedures for collecting information on
gaps in services needed by older individuals,
as identified by service providers in assisting
clients through the provision of the supportive
services; and
[(E) procedures for the assessment of unmet
needs for services under this Act; and
[(30) require that all Federal grants and contracts
made under this title and title IV be made in
accordance with a competitive bidding process
established by the Assistant Secretary by regulation.
[(b) In order to strengthen the involvement of the
Administration in the development of policy alternatives in
long-term care and to insure that the development of community
alternatives is given priority attention, the Assistant
Secretary shall--
[(1) develop planning linkages with utilization and
quality control peer review organizations under title
XI of the Social Security Act, with the Substance Abuse
and Mental Health Services Administration and the
Administration on Developmental Disabilities;
[(2) participate in all departmental and
interdepartmental activities which concern issues of
institutional and noninstitutional long-term health
care services development;
[(3) review and comment on all departmental
regulations and policies regarding community health and
social service development for older individuals; and
[(4) participate in all departmental and
interdepartmental activities to provide a leadership
role for the Administration, State agencies, and area
agencies on aging in the development and implementation
of a national community-based long-term care program
for older individuals.
[(c)(1) In executing the duties and functions of the
Administration under this Act and carrying out the programs and
activities provided for by this Act, the Assistant Secretary,
in consultation with the Corporation for National and Community
Service, shall take all possible steps to encourage and permit
voluntary groups active in supportive services, including youth
organizations active at the high school or college levels, to
participate and be involved individually or through
representative groups in such programs or activities to the
maximum extent feasible, through the performance of advisory or
consultative functions, and in other appropriate ways.
[(2)(A) In executing the duties and functions of the
Administration under this Act and in carrying out the programs
and activities provided for by this Act, the Assistant
Secretary shall act to encourage and assist the establishment
and use of--
[(i) area volunteer service coordinators, as
described in section 306(a)(12), by area agencies on
aging; and
[(ii) State volunteer service coordinators, as
described in section 307(a)(31), by State agencies.
[(B) The Assistant Secretary shall provide technical
assistance to the area and State volunteer services
coordinators.
[(d)(1) The Assistant Secretary shall establish and operate
the National Center on Elder Abuse (in this subsection referred
to as the ``Center'').
[(2) In operating the Center, the Assistant Secretary shall--
[(A) annually compile, publish, and disseminate a
summary of recently conducted research on elder abuse,
neglect, and exploitation;
[(B) develop and maintain an information
clearinghouse on all programs (including private
programs) showing promise of success, for the
prevention, identification, and treatment of elder
abuse, neglect, and exploitation;
[(C) compile, publish, and disseminate training
materials for personnel who are engaged or intend to
engage in the prevention, identification, and treatment
of elder abuse, neglect, and exploitation;
[(D) provide technical assistance to State agencies
and to other public and nonprofit private agencies and
organizations to assist the agencies and organizations
in planning, improving, developing, and carrying out
programs and activities relating to the special
problems of elder abuse, neglect, and exploitation; and
[(E) conduct research and demonstration projects
regarding the causes, prevention, identification, and
treatment of elder abuse, neglect, and exploitation.
[(3)(A) The Assistant Secretary shall carry out paragraph (2)
through grants or contracts.
[(B) The Assistant Secretary shall issue criteria applicable
to the recipients of funds under this subsection. To be
eligible to receive a grant or enter into a contract under
subparagraph (A), an entity shall submit an application to the
Assistant Secretary at such time, in such manner, and
containing such information as the Assistant Secretary may
require.
[(C) The Assistant Secretary shall--
[(i) establish research priorities for making grants
or contracts to carry out paragraph (2)(E); and
[(ii) not later than 60 days before the date on which
the Assistant Secretary establishes such priorities,
publish in the Federal Register for public comment a
statement of such proposed priorities.
[(4) The Assistant Secretary shall make available to the
Center such resources as are necessary for the Center to carry
out effectively the functions of the Center under this Act and
not less than the amount of resources made available to the
Resource Center on Elder Abuse for fiscal year 1990.
[(e)(1)(A) The Assistant Secretary shall make grants or enter
into contracts with eligible entities to establish the National
Aging Information Center (in this subsection referred to as the
``Center'') to--
[(i) provide information about education and training
projects established under part A, and research and
demonstration projects, and other activities,
established under part B, of title IV to persons
requesting such information;
[(ii) annually compile, analyze, publish, and
disseminate--
[(I) statistical data collected under
subsection (a)(19);
[(II) census data on aging demographics; and
[(III) data from other Federal agencies on
the health, social, and economic status of
older individuals and on the services provided
to older individuals;
[(iii) biennially compile, analyze, publish, and
disseminate statistical data collected on the
functions, staffing patterns, and funding sources of
State agencies and area agencies on aging;
[(iv) analyze the information collected under section
201(c)(3)(F) by the Director of the Office for American
Indian, Alaskan Native, and Native Hawaiian Aging, and
the information provided by the Resource Centers on
Native American Elders under section 429E;
[(v) provide technical assistance, training, and
other means of assistance to State agencies, area
agencies on aging, and service providers, regarding
State and local data collection and analysis; and
[(vi) be a national resource on statistical data
regarding aging;
[(B) To be eligible to receive a grant or enter into a
contract under subparagraph (A), an entity shall submit an
application to the Assistant Secretary at such time, in such
manner, and containing such information as the Assistant
Secretary may require.
[(C) Entities eligible to receive a grant or enter into a
contract under subparagraph (A) shall be organizations with a
demonstrated record of experience in education and information
dissemination.
[(2)(A) The Assistant Secretary shall establish procedures
specifying the length of time that the Center shall provide the
information described in paragraph (1) with respect to a
particular project or activity. The procedures shall require
the Center to maintain the information beyond the term of the
grant awarded, or contract entered into, to carry out the
project or activity.
[(B) The Assistant Secretary shall establish the procedures
described in subparagraph (A) after consultation with--
[(i) practitioners in the field of aging;
[(ii) older individuals;
[(iii) representatives of institutions of higher
education;
[(iv) national aging organizations;
[(v) State agencies;
[(vi) area agencies on aging;
[(vii) legal assistance providers;
[(viii) service providers; and
[(ix) other persons with an interest in the field of
aging.
[federal agency consultation
[Sec. 203. (a)(1) The Assistant Secretary, in carrying out
the objectives and provisions of this Act, shall coordinate,
advise, consult with, and cooperate with the head of each
department, agency, or instrumentality of the Federal
Government proposing or administering programs or services
substantially related to the objectives of this Act, with
respect to such programs or services. In particular, the
Assistant Secretary shall coordinate, advise, consult, and
cooperate with the Secretary of Labor in carrying out title V
and with the Corporation for National and Community Service in
carrying out this Act.
[(2) The head of each department, agency, or instrumentality
of the Federal Government proposing to establish programs and
services substantially related to the objectives of this Act
shall consult with the Assistant Secretary prior to the
establishment of such programs and services. To achieve
appropriate coordination, the head of each department, agency,
or instrumentality of the Federal Government administering any
program substantially related to the objectives of this Act,
particularly administering any program referred to in
subsection (b), shall consult and cooperate with the Assistant
Secretary in carrying out such program. In particular, the
Secretary of Labor shall consult and cooperate with the
Assistant Secretary in carrying out the Job Training
Partnership Act and title I of the Workforce Investment Act of
1998.
[(3) The head of each department, agency, or instrumentality
of the Federal Government administering programs and services
substantially related to the objectives of this Act shall
collaborate with the Assistant Secretary in carrying out this
Act, and shall develop a written analysis, for review and
comment by the Assistant Secretary, of the impact of such
programs and services on--
[(A) older individuals (with particular attention to
low-income minority older individuals) and eligible
individuals (as defined in section 507); and
[(B) the functions and responsibilities of State
agencies and area agencies on aging.
[(b) For the purposes of subsection (a), programs related to
the objectives of this Act shall include--
[(1) the Job Training Partnership Act or title I of
the Workforce Investment Act of 1998,
[(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 and Family Literacy Act,
[(9) sections 3, 9, and 16 of the Urban Mass
Transportation Act of 1964,
[(10) the Public Health Service Act, including block
grants under title XIX of such Act,
[(11) the Low-Income Home Energy Assistance Act of
1981,
[(12) part A of the Energy Conservation in Existing
Buildings Act of 1976, relating to weatherization
assistance for low income persons,
[(13) the Community Services Block Grant Act,
[(14) demographic statistics and analysis programs
conducted by the Bureau of the Census under title 13,
United States Code,
[(15) parts II and III of title 38, United States
Code,
[(16) the Rehabilitation Act of 1973,
[(17) the Developmental Disabilities and Bill of
Rights Act, and
[(18) the Edward Byrne Memorial State and Local Law
Enforcement Assistance Programs, established under part
E of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3750-3766b)).
[SEC. 203A. CONSULTATION WITH STATE AGENCIES, AREA AGENCIES ON AGING,
AND NATIVE AMERICAN GRANT RECIPIENTS.
The Assistant Secretary shall consult and coordinate with
State agencies, area agencies on aging, and recipients of
grants under title VI in the development of Federal goals,
regulations, program instructions, and policies under this Act.
[federal council on the aging
[Sec. 204. (a)(1) There is established a Federal Council on
the Aging to be composed of 15 members. Except as provided in
subsection (b)(1)(A), members shall serve for terms of 3 years,
ending on March 31 regardless of the actual date of
appointment, without regard to the provisions of title 5,
United States Code. Members shall be appointed from among
individuals who have expertise and experience in the field of
aging by each appointing authority so as to be representative
of rural and urban older individuals, national organizations
with an interest in aging, business, labor, minorities, Indian
tribes, and the general public. At least three of the members
appointed by each appointing authority shall be older
individuals. No full-time officer or employee of the Federal
Government may be appointed as a member of the Council.
[(2) Members appointed to the Federal Council on the Aging
established by this section prior to the date of enactment of
the Older Americans Act Amendments of 1992 who are serving on
such date, shall continue to serve on the Federal Council
established by paragraph (1) of this subsection until members
are appointed in accordance with subsection (b)(1).
[(b)(1)(A)(i) The initial members of the Federal Council on
the Aging shall be appointed on April 1, 1993, as follows:
[(I) 5 members, who shall be referred to as class 1
members, shall be appointed for a term of 1 year;
[(II) 5 members, who shall be referred to as class 2
members, shall be appointed for a term of 2 years; and
[(III) 5 members, who shall be referred to as class 3
members, shall be appointed for a term of 3 years.
[(ii) Members appointed in 1994 and each third year thereafter
shall be referred to as class 1 members. Members appointed in
1995 and each third year thereafter shall be referred to as
class 2 members. Members appointed in 1996 and each third year
thereafter shall be referred to as class 3 members.
[(B)(i) Members of each class shall be appointed in the
manner prescribed by this subparagraph.
[(ii) Of the members of class 1, two shall be appointed by
the President, two by the President pro tempore of the Senate
upon the recommendation of the Majority Leader and the Minority
Leader, and one by the Speaker of the House of Representatives
upon the recommendation of the Majority Leader and the Minority
Leader.
[(iii) Of the members of class 2, two shall be appointed by
the President, one by the President pro tempore of the Senate
upon the recommendation of the Majority Leader and the Minority
Leader, and two by the Speaker of the House of Representatives
upon the recommendation of the Majority Leader and the Minority
Leader.
[(iv) Of the members of class 3, one shall be appointed by
the President, two by the President pro tempore of the Senate
upon the recommendation of the Majority Leader and the Minority
Leader, and two by the Speaker of the House of Representatives
upon the recommendation of the Majority Leader and the Minority
Leader.
[(2) Any member appointed to fill a vacancy occurring prior
to the expiration of the term for which such member's
predecessor was appointed shall be appointed only for the
remainder of such term. Members shall be eligible for
reappointment and may serve after the expiration of their terms
until their successors have taken office.
[(3) Any vacancy in the Council shall not affect its powers,
but shall be filled in the same manner by which the original
appointment was made.
[(4) Members of the Council shall, while serving on business
of the Council, be entitled to receive compensation at a rate
not to exceed the daily equivalent of the rate specified for
level V of the Executive Schedule under section 5316 of title
5, United States Code, including traveltime, and while so
serving away from their homes or regular places of business,
they may be allowed travel expenses, including per diem in lieu
of subsistence, in the same manner as the expenses authorized
by section 5703(b) of title 5, United States Code, for persons
in the Government service employed intermittently.
[(c) The President shall designate the Chairperson from among
the members appointed to the Council. The Council shall meet at
the call of the Chairperson at least quarterly.
[(d) The Council shall--
[(1) advise and assist the President on matters
relating to the special needs of older individuals;
[(2) directly advise the Assistant Secretary on
matters affecting the special needs of older
individuals for services and assistance under this Act;
[(3) review and evaluate, on a continuing basis,
Federal policies regarding the aging and programs and
other activities affecting the aging conducted or
assisted by all Federal departments and agencies for
the purpose of appraising their value and their impact
on the lives of older individuals and of identifying
duplication and gaps among the types of services
provided under such programs and activities;
[(4) serve as a spokesman on behalf of older
individuals by making recommendations to the President,
to the Secretary, to the Assistant Secretary, and to
the Congress with respect to Federal policies regarding
the aging and federally conducted or assisted programs
and other activities relating to or affecting them;
[(5) inform the public about the problems and needs
of the aging by collecting and disseminating
information, conducting or commissioning studies and
publishing the results thereof, and by issuing
publications and reports; and
[(6) provide public forums for discussing and
publicizing the problems and needs of the aging and
obtaining information relating thereto by conducting
public hearings, and by conducting or sponsoring
conferences, workshops, and other such meetings.
[(e) The Council shall have staff personnel, appointed by the
Chairperson, to assist it in carrying out its activities. The
head of each Federal department and agency shall make available
to the Council such information and other assistance as it may
require to carry out its activities.
[(f) Beginning with the year 1974 the Council shall make
interim reports and an annual report of its findings and
recommendations to the President not later than March 31 of
each year. The President shall transmit each such report to the
Congress together with his comments and recommendations.
[(g) There are authorized to be appropriated to carry out
this section $300,000 for fiscal year 1992 and such sums as may
be necessary for fiscal years 1993, 1994, and 1995.
[administration of the act
[Sec. 205. (a)(1) In carrying out the objectives of this
Act, the Assistant Secretary is authorized to--
[(A) provide consultative services and technical
assistance to public or nonprofit private agencies and
organizations;
[(B) provide short-term training and technical
instruction;
[(C) conduct research and demonstrations;
[(D) collect, prepare, publish, and disseminate
special educational or informational materials,
including reports of the projects for which funds are
provided under this Act; and
[(E) provide staff and other technical assistance to
the Federal Council on the Aging.
[(2)(A) The Assistant Secretary shall designate an officer or
employee who shall serve on a full-time basis and who shall be
responsible for the administration of the nutrition services
described in subparts 1, 2, and 3 of part C of title III and
shall have duties that include--
[(i) designing, implementing, and evaluating
nutrition programs;
[(ii) developing guidelines for nutrition providers
concerning safety, sanitary handling of food,
equipment, preparation, and food storage;
[(iii) disseminating information to nutrition service
providers about nutrition advancements and
developments;
[(iv) promoting coordination between nutrition
service providers and community-based organizations
serving older individuals;
[(v) developing guidelines on cost containment;
[(vi) defining a long range role for the nutrition
services in community-based care systems;
[(vii) developing model menus and other appropriate
materials for serving special needs populations and
meeting cultural meal preferences; and
[(viii) providing technical assistance to the
regional offices of the Administration with respect to
each duty described in clauses (i) through (vii).
[(B) The regional offices of the Administration shall be
responsible for disseminating, and providing technical
assistance regarding, the guidelines and information described
in clauses (ii), (iii), and (v) of subparagraph (A) to State
agencies, area agencies on aging, and persons that provide
nutrition services under part C of title III.
[(C) The officer or employee designated under subparagraph
(A) shall--
[(i) have expertise in nutrition and dietary services
and planning; and
[(ii)(I) be a registered dietitian;
[(II) be a credentialed nutrition professional; or
[(III) have education and training that is
substantially equivalent to the education and training
for a registered dietitian or a credentialed nutrition
professional.
[(b) In administering the functions of the Administration
under this Act, the Assistant Secretary may utilize the
services and facilities of any agency of the Federal Government
and of any other public or nonprofit agency or organization, in
accordance with agreements between the Assistant Secretary and
the head thereof, and is authorized to pay therefor, in advance
or by way of reimbursement, as may be provided in the
agreement.
[(c) Not later than 120 days after the date of the enactment
of the Older Americans Act Amendments of 1987, the Secretary
shall issue and publish in the Federal Register proposed
regulations for the administration of this Act. After allowing
a reasonable period for public comment on such proposed rules
and not later than 90 days after such publication, the
Secretary shall issue, in final form, regulations for the
administration of this Act.
[(d) Not later than September 1 of each fiscal year, the
Assistant Secretary shall make available to the public, for the
purpose of facilitating informed public comment, a statement of
proposed specific goals to be achieved by implementing this Act
in the first fiscal year beginning after the date on which such
statement is made available.
[(e) For the purpose of carrying out this section, there are
authorized to be appropriated such sums as may be necessary.
[evaluation
[Sec. 206. (a) The Secretary shall measure and evaluate the
impact of all programs authorized by this Act, their
effectiveness in achieving stated goals in general, and in
relation to their cost, their impact on related programs, their
effectiveness in targeting for services under this Act unserved
older individuals with greatest economic need (including low-
income minority individuals) and unserved older individuals
with greatest social need (including low-income minority
individuals), and their structure and mechanisms for delivery
of services, including, where appropriate, comparisons with
appropriate control groups composed of persons who have not
participated in such programs. Evaluations shall be conducted
by persons not immediately involved in the administration of
the program or project evaluated.
[(b) The Secretary may not make grants or contracts under
title IV of this Act until the Secretary develops and publishes
general standards to be used by the Secretary in evaluating the
programs and projects assisted under such title. Results of
evaluations conducted pursuant to such standards shall be
included in the reports required by section 207.
[(c) In carrying out evaluations under this section, the
Secretary shall, whenever possible, arrange to obtain the
opinions of program and project participants about the
strengths and weaknesses of the programs and projects, and
conduct, where appropriate, evaluations which compare the
effectiveness of related programs in achieving common
objectives. In carrying out such evaluations, the Secretary
shall consult with organizations concerned with older
individuals, including those representing minority individuals
and older individuals with disabilities.
[(d) The Secretary shall annually publish summaries and
analyses of the results of evaluative research and evaluation
of program and project impact and effectiveness, including, as
appropriate, health and nutrition education demonstration
projects conducted under section 307(f) the full contents of
which shall be transmitted to Congress, be disseminated to
Federal, State, and local agencies and private organizations
with an interest in aging, and be accessible to the public.
[(e) The Secretary shall take the necessary action to assure
that all studies, evaluations, proposals, and data produced or
developed with Federal funds shall become the property of the
United States.
[(f) Such information as the Secretary may deem necessary for
purposes of the evaluations conducted under this section shall
be made available to him, upon request, by the departments and
agencies of the executive branch.
[(g)(1) Not later than June 30, 1995, the Assistant
Secretary, in consultation with the Assistant Secretary for
Planning and Evaluation of the Department of Health and Human
Services, shall complete an evaluation of nutrition services
provided under this Act, to evaluate for fiscal years 1992 and
1993--
[(A) their effectiveness in serving special
populations of older individuals;
[(B) the quality of nutrition provided by such
services;
[(C) average meal costs (including the cost of food,
related administrative costs, and the cost of
supportive services relating to nutrition services),
taking into account regional differences and size of
projects;
[(D) the characteristics of participants;
[(E) the applicability of health, safety, and dietary
standards;
[(F) the appraisal of such services by recipients;
[(G) the efficiency of delivery and administration of
such services;
[(H) the amount, sources, and ultimate uses of funds
transferred under section 308(b)(5) to provide such
services;
[(I) the amount, sources, and uses of other funds
expended to provide such services, including the extent
to which funds received under this Act are used to
generate additional funds to provide such services;
[(J) the degree of nutritional expertise used to plan
and manage coordination with other State and local
services;
[(K) nonfood cost factors incidental to providing
nutrition services under this Act;
[(L) the extent to which commodities provided by the
Secretary of Agriculture under section 311(a) are used
to provide such services;
[(M) and for the 8-year period ending September 30,
1992, the characteristics, and changes in the
characteristics, of such nutrition services;
[(N) differences between older individuals who
receive nutrition services under section 331 and older
individuals who receive nutrition services under
section 336, with specific reference to age, income,
health status, receipt of food stamp benefits, and
limitations on activities of daily living;
[(O) the impact of the increase in nutrition services
provided under section 336, the factors that caused
such increase, and the effect of such increase on
nutrition services authorized under section 336;
[(P) how, and the extent to which, nutrition services
provided under this Act generally, and under section
331 specifically, are integrated with long-term care
programs;
[(Q) the impact of nutrition services provided under
this Act on older individuals, including the impact on
their dietary intake and opportunities for
socialization;
[(R) the adequacy of the daily recommended dietary
allowances described in section 339; and
[(S) the impact of transferring funds under section
308(b)(5) and how funds transferred under such section
are expended to provide nutrition services.
[(2)(A)(i) The Assistant Secretary shall establish an
advisory council to develop recommendations for guidelines on
efficiency and quality in furnishing nutrition services
described in subparts 1, 2, and 3 of part C of title III.
[(ii) The council shall be composed of members appointed by
the Assistant Secretary from among individuals nominated by the
Secretary of Agriculture, the American Dietetic Association,
the Dietary Managers Association, the National Association of
Nutrition and Aging Service Programs, the National Association
of Meal Programs, the National Association of State Units on
Aging, the National Association of Area Agencies on Aging, and
other appropriate organizations.
[(B) Not later than June 30, 1994, the Assistant Secretary,
in consultation with the Secretary of Agriculture and taking
into consideration the recommendations of the council, shall
publish interim guidelines of the kind described in
subparagraph (A)(i).
[(3) Not later than September 30, 1995, the Secretary shall--
[(A) submit to the President, the Speaker of the
House of Representatives, and the President pro tempore
of the Senate recommendations and final guidelines to
improve nutrition services provided under this Act; and
[(B) require the Assistant Secretary to implement
such recommendations administratively, to the extent
feasible.
[(h) The Secretary may use such sums as may be necessary, but
not to exceed $3,000,000 (of which not to exceed $1,500,000
shall be available from funds appropriated to carry out title
III and not to exceed $1,500,000 shall be available from funds
appropriated to carry out title IV), to conduct directly
evaluations under this section. No part of such sums may be
reprogrammed, transferred, or used for any other purpose. Funds
expended under this subsection shall be justified and accounted
for by the Secretary.
[reports
[Sec. 207. (a) Not later than one hundred and twenty days
after the close of each fiscal year, the Assistant Secretary
shall prepare and submit to the President and to the Congress a
full and complete report on the activities carried out under
this Act. Such annual reports shall include--
[(1) statistical data reflecting services and
activities provided to individuals during the preceding
fiscal year;
[(2) statistical data collected under section
202(a)(19);
[(3) an analysis of the information received under
section 306(b)(2)(D) by the Assistant Secretary;
[(4) statistical data and an analysis of information
regarding the effectiveness of the State agency and
area agencies on aging in targeting services to older
individuals with greatest economic need and older
individuals with greatest social need, with particular
attention to low-income minority individuals, low-
income individuals, and frail individuals (including
individuals with any physical or mental functional
impairment); and
[(5) a description of the implementation of the plan
required by section 202(a)(17).
[(b)(1) Not later than March 1 of each year, the Assistant
Secretary shall compile a report--
[(A) summarizing and analyzing the data collected
under titles III and VII in accordance with section
712(c) for the then most recently concluded fiscal
year;
[(B) identifying significant problems and issues
revealed by such data (with special emphasis on
problems relating to quality of care and residents'
rights);
[(C) discussing current issues concerning the long-
term care ombudsman programs of the States; and
[(D) making recommendations regarding legislation and
administrative actions to resolve such problems.
[(2) The Assistant Secretary shall submit the report required
by paragraph (1) to--
[(A) the Special Committee on Aging of the Senate;
[(B) the Committee on Education and Labor of the
House of Representatives; and
[(C) the Committee on Labor and Human Resources of
the Senate.
[(3) The Assistant Secretary shall provide the report
required by paragraph (1), and make the State reports required
under titles III and VII in accordance with section 712(h)(1)
available, to--
[(A) the Administrator of the Health Care Finance
Administration;
[(B) the Office of the Inspector General of the
Department of Health and Human Services;
[(C) the Office of Civil Rights of the Department of
Health and Human Services;
[(D) the Secretary of Veterans Affairs; and
[(E) each public agency or private organization
designated as an Office of the State Long-Term Care
Ombudsman under title III or VII in accordance with
section 712(a)(4)(A).
[(c) The Assistant Secretary shall, as part of the annual
report submitted under subsection (a), prepare and submit a
report on the outreach activities supported under this Act,
together with such recommendations as the Assistant Secretary
deems appropriate. In carrying out this subsection, the
Assistant Secretary shall consider--
[(1) the number of older individuals reached through
the activities;
[(2) the dollar amount of the assistance and benefits
received by older individuals as a result of such
activities;
[(3) the cost of such activities in terms of the
number of individuals reached and the dollar amount
described in paragraph (2);
[(4) the effect of such activities on supportive
services and nutrition services furnished under title
III of this Act; and
[(5) the effectiveness of State and local efforts to
target older individuals with greatest economic need
(including low-income minority individuals) and older
individuals with greatest social need (including low-
income minority individuals) to receive services under
this Act.
joint funding of projects
[Sec. 208. Pursuant to regulations prescribed by the
President and to the extent consistent with the other
provisions of this Act, where funds are provided for a single
project by more than one Federal agency to any agency or
organization assisted under this Act, the Federal agency
principally involved may be designated to act for all in
administering the funds provided. In such cases, a single non-
Federal share requirement may be established according to the
proportion of funds advanced by each Federal agency, and any
such agency may waive any technical grant or contract
requirement (as defined by such regulations) which is
inconsistent with the similar requirements of the administering
agency or which the administering agency does not impose.
[advance funding
[Sec. 209. (a) For the purpose of affording adequate notice
of funding available under this Act, appropriations under this
Act are authorized to be included in the appropriation Act for
the fiscal year preceding the fiscal year for which they are
available for obligation.
[(b) In order to effect a transition to the advance funding
method of timing appropriation action, subsection (a) shall
apply notwithstanding that its initial application will result
in the enactment in the same year (whether in the same
appropriation Act or otherwise) of two separate appropriations,
one for the then current fiscal year and one for the succeeding
fiscal year.
[application of other laws
[Sec. 210. (a) The provisions and requirements of the Act of
December 5, 1974 (Public Law 93-510; 88 Stat. 1604) shall not
apply to the administration of the provisions of this Act or to
the administration of any program or activity under this Act.
[(b) No part of the costs of any project under any title of
this Act may be treated as income or benefits to any eligible
individual (other than any wage or salary to such individual)
for the purpose of any other program or provision of Federal or
State law.
[reduction of paperwork
[Sec. 211. In order to reduce unnecessary, duplicative, or
disruptive demands for information, the Assistant Secretary, in
consultation with State agencies and other appropriate agencies
and organizations, shall continually review and evaluate all
requests by the Administration for information under this Act
and take such action as may be necessary to reduce the
paperwork required under this Act. The Assistant Secretary
shall request only such information as the Assistant Secretary
deems essential to carry out the objectives and provisions of
this Act and, in gathering such information, shall make use of
uniform service definitions to the extent that such definitions
are available.
[contracting and grant authority
[Sec. 212. None of the provisions of this Act shall be
construed to prevent a recipient of a grant or a contract from
entering into an agreement, subject to the approval of the
State agency (or in the case of a grantee under title VI,
subject to the recommendation of the Director of the Office for
American Indian, Alaskan Native, and Native Hawaiian Aging and
the approval of the Assistant Secretary), with a profitmaking
organization to carry out the provisions of this Act and of the
appropriate State plan.
[surplus property eligibility
[Sec. 213. Any State or local government agency, and any
nonprofit organization or institution, which receives funds
appropriated for programs for older individuals under this Act,
under title IV or title XX of the Social Security Act, or under
titles VIII and X of the Economic Opportunity Act of 1964 and
the Community Services Block Grant Act, shall be deemed
eligible to receive for such programs, property which is
declared surplus to the needs of the Federal Government in
accordance with laws applicable to surplus property.
[SEC. 214. NUTRITION EDUCATION.
The Assistant Secretary and the Secretary of Agriculture may
provide technical assistance and appropriate material to
agencies carrying out nutrition education programs in
accordance with section 307(a)(13)(J).
[SEC. 215. AUTHORIZATION OF APPROPRIATIONS.
[(a) Administration.--For purposes of carrying out this Act,
there are authorized to be appropriated for the Administration
such sums as may be necessary for fiscal years 1992, 1993,
1994, and 1995.
[(b) Salaries and Expenses.--There are authorized to be
appropriated for salaries and expenses of the Administration on
Aging--
[(1) $17,000,000 for fiscal year 1992, $20,000,000
for fiscal year 1993, $24,000,000 for fiscal year 1994,
and $29,000,000 for fiscal year 1995; and
[(2) such additional sums as may be necessary for
each such fiscal year to enable the Assistant Secretary
to provide for not fewer than 300 full-time employees
(or the equivalent thereof) in the Administration on
Aging.
[TITLE III--GRANTS FOR STATE AND COMMUNITY PROGRAMS ON AGING
[Part A--General Provisions
[purpose; administration
[Sec. 301. (a)(1) It is the purpose of this title to
encourage and assist State agencies and area agencies on aging
to concentrate resources in order to develop greater capacity
and foster the development and implementation of comprehensive
and coordinated systems to serve older individuals by entering
into new cooperative arrangements in each State with the
persons described in paragraph (2), for the planning, and for
the provision of, supportive services, and multipurpose senior
centers, in order to--
[(A) secure and maintain maximum independence and
dignity in a home environment for older individuals
capable of self care with appropriate supportive
services;
[(B) remove individual and social barriers to
economic and personal independence for older
individuals;
[(C) provide a continuum of care for vulnerable older
individuals; and
[(D) secure the opportunity for older individuals to
receive managed in-home and community-based long-term
care services.
[(2) The persons referred to in paragraph (1) include--
[(A) State agencies and area agencies on aging;
[(B) other State agencies, including agencies that
administer home and community care programs;
[(C) Indian tribes, tribal organizations, and Native
Hawaiian organizations;
[(D) the providers, including voluntary organizations
or other private sector organizations, of supportive
services, nutrition services, and multipurpose senior
centers; and
[(E) organizations representing or employing older
individuals or their families.
[(b)(1) In order to effectively carry out the purpose of this
title, the Assistant Secretary shall administer programs under
this title through the Administration.
[(2) In carrying out the provisions of this title, the
Assistant Secretary may request the technical assistance and
cooperation of the Department of Education, the Department of
Labor, the Department of Housing and Urban Development, the
Department of Transportation, the Office of Community Services,
the Department of Veterans Affairs, the Substance Abuse and
Mental Health Services Administration, and such other agencies
and departments of the Federal Government as may be
appropriate.
[(c) The Assistant Secretary shall provide technical
assistance and training (by contract, grant, or otherwise) to
State long-term care ombudsman programs established under
section 307(a)(12) in accordance with section 712, and to
individuals within such programs designated under section 712
to be representatives of a long-term care ombudsman, in order
to enable such ombudsmen and such representatives to carry out
the ombudsman program effectively.
[definitions
[Sec. 302. For the purpose of this title--
[(1) The term ``comprehensive and coordinated
system'' means a system for providing all necessary
supportive services, including nutrition services, in a
manner designed to--
[(A) facilitate accessibility to, and
utilization of, all supportive services and
nutrition services provided within the
geographic area served by such system by any
public or private agency or organization;
[(B) develop and make the most efficient use
of supportive services and nutrition services
in meeting the needs of older individuals;
[(C) use available resources efficiently and
with a minimum of duplication; and
[(D) encourage and assist public and private
entities that have unrealized potential for
meeting the service needs of older individuals
to assist the older individuals on a voluntary
basis.
[(2) The term ``unit of general purpose local
government'' means--
[(A) a political subdivision of the State
whose authority is general and not limited to
only one function or combination of related
functions; or
[(B) an Indian tribal organization.
[(3) The term ``education and training service''
means a supportive service designed to assist older
individuals to better cope with their economic, health,
and personal needs through services such as consumer
education, continuing education, health education,
preretirement education, financial planning, and other
education and training services which will advance the
objectives of this Act.
[authorization of appropriations; uses of funds
[Sec. 303. (a)(1) There are authorized to be appropriated
$461,376,000 for fiscal year 1992 and such sums as may be
necessary for fiscal years 1993, 1994, and 1995, for the
purpose of making grants under part B of this title (relating
to supportive services and senior centers).
[(2) Funds appropriated under paragraph (1) shall be
available to carry out section 712.
[(b)(1) There are authorized to be appropriated $505,000,000
for fiscal year 1992 and such sums as may be necessary for
fiscal years 1993, 1994, and 1995, for the purpose of making
grants under subpart 1 of part C of this title (relating to
congregate nutrition services).
[(2) There are authorized to be appropriated $120,000,000 for
fiscal year 1992 and such sums as may be necessary for fiscal
years 1993, 1994, and 1995, for the purpose of making grants
under subpart 2 of part C of this title (relating to home
delivered nutrition services).
[(3) There are authorized to be appropriated $15,000,000 for
fiscal year 1992 and such sums as may be necessary for fiscal
years 1993, 1994, and 1995, to carry out subpart 3 of part C of
this title (relating to school-based meals for volunteer older
individuals and multigenerational programs).
[(c) Grants made under part B, and subparts 1 and 2 of part
C, of this title may be used for paying part of the cost of--
[(1) the administration of area plans by area
agencies on aging designated under section
305(a)(2)(A), including the preparation of area plans
on aging consistent with section 306 and the evaluation
of activities carried out under such plans; and
[(2) the development of comprehensive and coordinated
systems for supportive services, congregate and home
delivered nutrition services under subparts 1 and 2 of
part C, the development and operation of multipurpose
senior centers, and the delivery of legal assistance.
[(d) There are authorized to be appropriated $45,388,000 for
fiscal year 1992 and such sums as may be necessary for fiscal
years 1993, 1994, and 1995, for the purpose of making grants
under part D of this title (relating to in-home services).
[(e) There are authorized to be appropriated such sums as may
be necessary for the fiscal years 1992, 1993, 1994, and 1995,
to carry out part E (relating to special needs).
[(f) There are authorized to be appropriated $25,000,000 for
fiscal year 1992 and such sums as may be necessary for fiscal
years 1993, 1994, and 1995, for the purpose of making grants
under part F of this title (relating to periodic preventive
health, health education, and promotion services).
[(g) There are authorized to be appropriated $15,000,000 for
fiscal year 1992 and such sums as may be necessary for fiscal
years 1993, 1994, and 1995, to carry out part G (relating to
supportive activities for caretakers).
[allotment; federal share
[Sec. 304. (a)(1) Subject to paragraphs (2) and (3) from the
sums appropriated under section 303 for each fiscal year, each
State shall be allotted an amount which bears the same ratio to
such sums as the population of older individuals in such State
bears to the population of older individuals in all States,
except that (A) no State shall be allotted less than one-half
of 1 percent of the sum appropriated for the fiscal year for
which the determination is made; (B) Guam, the United States
Virgin Islands, and the Trust Territory of the Pacific Islands,
shall each be allotted not less than one-fourth of 1 percent of
the sum appropriated for the fiscal year for which the
determination is made; and (C) American Samoa and the
Commonwealth of the Northern Mariana Islands shall each be
allotted not less than one-sixteenth of 1 percent of the sum
appropriated for the fiscal year for which the determination is
made. For the purposes of paragraph (3) and the exception
contained in subparagraph (A) only, the term ``State'' does not
include Guam, American Samoa, the United States Virgin Islands,
the Trust Territory of the Pacific Islands, and the
Commonwealth of the Northern Mariana Islands.
[(2) No State shall be allotted less than the total amount
allotted to the State under paragraph (1) of this subsection
and section 308 for fiscal year 1987.
[(3) No State shall be allotted, from the amount appropriated
under section 303(g), less than $50,000 for any fiscal year.
[(4) The number of individuals aged 60 or older in any State
and in all States shall be determined by the Assistant
Secretary on the basis of the most recent data available from
the Bureau of the Census, and other reliable demographic data
satisfactory to the Assistant Secretary.
[(b) Whenever the Assistant Secretary determines that any
amount allotted to a State under part B or C for a fiscal year
under this section will not be used by such State for carrying
out the purpose for which the allotment was made, the Assistant
Secretary shall make such allotment available for carrying out
such purpose to one or more other States to the extent the
Assistant Secretary determines that such other State will be
able to use such additional amount for carrying out such
purpose. Any amount made available to a State from an
appropriation for a fiscal year in accordance with the
preceding sentence shall, for purposes of this title, be
regarded as part of such State's allotment (as determined under
subsection (a)) for such year, but shall remain available until
the end of the succeeding fiscal year.
[(c) If the Assistant Secretary finds that any State has
failed to qualify under the State plan requirements of section
307 or the Assistant Secretary does not approve the funding
formula required under section 305(a)(2)(C), the Assistant
Secretary shall withhold the allotment of funds to such State
referred to in subsection (a). The Assistant Secretary shall
disburse the funds so withheld directly to any public or
private nonprofit institution or organization, agency, or
political subdivision of such State submitting an approved plan
under section 307, which includes an agreement that any such
payment shall be matched in the proportion determined under
subsection (d)(1)(D) for such State, by funds or in-kind
resources from non-Federal sources.
[(d)(1) From any State's allotment, after the application of
section 308(b), under this section for any fiscal year--
[(A) such amount as the State agency determines, but
not more than 10 percent thereof, shall be available
for paying such percentage as the agency determines,
but not more than 75 percent, of the cost of
administration of area plans;
[(B) such amount (excluding any amount attributable
to funds appropriated under section 303(a)(3)) as the
State agency determines to be adequate for conducting
an effective ombudsman program under section 307(a)(12)
shall be available for conducting such program;
[(C) not less than $150,000 and not more than 4
percent of the amount allotted to the State for
carrying out part B, shall be available for conducting
outreach demonstration projects under section 706; and
[(D) the remainder of such allotment shall be
available to such State only for paying such percentage
as the State agency determines, but not more than 85
percent of the cost of supportive services, senior
centers, and nutrition services under this title
provided in the State as part of a comprehensive and
coordinated system in planning and service areas for
which there is an area plan approved by the State
agency.
[(2) The non-Federal share shall be in cash or in kind. In
determining the amount of the non-Federal share, the Assistant
Secretary may attribute fair market value to services and
facilities contributed from non-Federal sources.
[(e) Grants made from allotments received under this title
may be used for paying for the costs of providing for an area
volunteer services coordinator (as described in section
306(a)(12)) or a State volunteer services coordinator (as
described in section 307(a)(31)).
[organization
[Sec. 305. (a) In order for a State to be eligible to
participate in programs of grants to States from allotments
under this title--
[(1) the State shall, in accordance with regulations
of the Assistant Secretary, designate a State agency as
the sole State agency to--
[(A) develop a State plan to be submitted to
the Assistant Secretary for approval under
section 307;
[(B) administer the State plan within such
State;
[(C) be primarily responsible for the
planning, policy development, administration,
coordination, priority setting, and evaluation
of all State activities related to the
objectives of this Act;
[(D) serve as an effective and visible
advocate for older individuals by reviewing and
commenting upon all State plans, budgets, and
policies which affect older individuals and
providing technical assistance to any agency,
organization, association, or individual
representing the needs of older individuals;
and
[(E) divide the State into distinct planning
and service areas (or in the case of a State
specified in subsection (b)(5)(A), designate
the entire State as a single planning and
service area), in accordance with guidelines
issued by the Assistant Secretary, after
considering the geographical distribution of
older individuals in the State, the incidence
of the need for supportive services, nutrition
services, multipurpose senior centers, and
legal assistance, the distribution of older
individuals who have greatest economic need
(with particular attention to low-income
minority individuals) residing in such areas,
the distribution of older individuals who have
greatest social need (with particular attention
to low-income minority individuals) residing in
such areas, the distribution of older
individuals who are Indians residing in such
areas, the distribution of resources available
to provide such services or centers, the
boundaries of existing areas within the State
which were drawn for the planning or
administration of supportive services programs,
the location of units of general purpose local
government within the State, and any other
relevant factors; and
[(2) the State agency shall--
[(A) except as provided in subsection (b)(5),
designate for each such area after
consideration of the views offered by the unit
or units of general purpose local government in
such area, a public or private nonprofit agency
or organization as the area agency on aging for
such area;
[(B) provide assurances, satisfactory to the
Assistant Secretary, that the State agency will
take into account, in connection with matters
of general policy arising in the development
and administration of the State plan for any
fiscal year, the views of recipients of
supportive services or nutrition services, or
individuals using multipurpose senior centers
provided under such plan;
[(C) in consultation with area agencies, in
accordance with guidelines issued by the
Assistant Secretary, and using the best
available data, develop and publish for review
and comment a formula for distribution within
the State of funds received under this title
that takes into account--
[(i) the geographical distribution of
older individuals in the State; and
[(ii) the distribution among planning
and service areas of older individuals
with greatest economic need and older
individuals with greatest social need,
with particular attention to low-income
minority older individuals;
[(D) submit its formula developed under
subparagraph (C) to the Assistant Secretary for
approval;
[(E) provide assurance that preference will
be given to providing services to older
individuals with greatest economic need and
older individuals with greatest social need,
with particular attention to low-income
minority individuals, and include proposed
methods of carrying out the preference in the
State plan;
[(F) provide assurances that the State agency
will require use of outreach efforts described
in section 307(a)(24); and
[(G)(i) set specific objectives, in
consultation with area agencies on aging, for
each planning and service area for providing
services funded under this title to low-income
minority older individuals;
[(ii) provide an assurance that the State
agency will undertake specific program
development, advocacy, and outreach efforts
focused on the needs of low-income minority
older individuals; and
[(iii) provide a description of the efforts
described in clause (ii) that will be
undertaken by the State agency.
[(b)(1) In carrying out the requirement of subsection (a)(1),
the State may designate as a planning and service area any unit
of general purpose local government which has a population of
100,000 or more. In any case in which a unit of general purpose
local government makes application to the State agency under
the preceding sentence to be designated as a planning and
service area, the State agency shall, upon request, provide an
opportunity for a hearing to such unit of general purpose local
government. A State may designate as a planning and service
area under subsection (a)(1) any region within the State
recognized for purposes of areawide planning which includes one
or more such units of general purpose local government when the
State determines that the designation of such a regional
planning and service area is necessary for, and will enhance,
the effective administration of the programs authorized by this
title. The State may include in any planning and service area
designated under subsection (a)(1) such additional areas
adjacent to the unit of general purpose local government or
regions so designated as the State determines to be necessary
for, and will enhance the effective administration of the
programs authorized by this title.
[(2) The State is encouraged in carrying out the requirement
of subsection (a)(1) to include the area covered by the
appropriate economic development district involved in any
planning and service area designated under subsection (a)(1),
and to include all portions of an Indian reservation within a
single planning and service area, if feasible.
[(3) The chief executive officer of each State in which a
planning and service area crosses State boundaries, or in which
an interstate Indian reservation is located, may apply to the
Assistant Secretary to request redesignation as an interstate
planning and service area comprising the entire metropolitan
area or Indian reservation. If the Assistant Secretary approves
such an application, the Assistant Secretary shall adjust the
State allotments of the areas within the planning and service
area in which the interstate planning and service area is
established to reflect the number of older individuals within
the area who will be served by an interstate planning and
service area not within the State.
[(4) Whenever a unit of general purpose local government, a
region, a metropolitan area or an Indian reservation is denied
designation under the provisions of subsection (a)(1), such
unit of general purpose local government, region, metropolitan
area, or Indian reservation may appeal the decision of the
State agency to the Assistant Secretary. The Assistant
Secretary shall afford such unit, region, metropolitan area, or
Indian reservation an opportunity for a hearing. In carrying
out the provisions of this paragraph, the Assistant Secretary
may approve the decision of the State agency, disapprove the
decision of the State agency and require the State agency to
designate the unit, region, area, or Indian reservation
appealing the decision as a planning and service area, or take
such other action as the Assistant Secretary deems appropriate.
[(5)(A) A State which on or before October 1, 1980, had
designated, with the approval of the Assistant Secretary, a
single planning and service area covering all of the older
individuals in the State, in which the State agency was
administering the area plan, may after that date designate one
or more additional planning and service areas within the State
to be administered by public or private nonprofit agencies or
organizations as area agencies on aging, after considering the
factors specified in subsection (a)(1)(E). The State agency
shall continue to perform the functions of an area agency on
aging for any area of the State not included in a planning and
service area for which an area agency on aging has been
designated.
[(B) Whenever a State agency designates a new area agency on
aging after the date of enactment of the Older Americans Act
Amendments of 1984, the State agency shall give the right to
first refusal to a unit of general purpose local government if
(i) such unit can meet the requirements of subsection (c), and
(ii) the boundaries of such a unit and the boundaries of the
area are reasonably contiguous.
[(C)(i) A State agency shall establish and follow appropriate
procedures to provide due process to affected parties, if the
State agency initiates an action or proceeding to--
[(I) revoke the designation of the area agency on
aging under subsection (a);
[(II) designate an additional planning and service
area in a State;
[(III) divide the State into different planning and
services areas; or
[(IV) otherwise affect the boundaries of the planning
and service areas in the State.
[(ii) The procedures described in clause (i) shall include
procedures for--
[(I) providing notice of an action or proceeding
described in clause (i);
[(II) documenting the need for the action or
proceeding;
[(III) conducting a public hearing for the action or
proceeding;
[(IV) involving area agencies on aging, service
providers, and older individuals in the action or
proceeding; and
[(V) allowing an appeal of the decision of the State
agency in the action or proceeding to the Assistant
Secretary.
[(iii) An adversely affected party involved in an action or
proceeding described in clause (i) may bring an appeal
described in clause (ii)(V) on the basis of--
[(I) the facts and merits of the matter that is the
subject of the action or proceeding; or
[(II) procedural grounds.
[(iv) In deciding an appeal described in clause (ii)(V), the
Assistant Secretary may affirm or set aside the decision of the
State agency. If the Assistant Secretary sets aside the
decision, and the State agency has taken an action described in
subclauses (I) through (III) of clause (i), the State agency
shall nullify the action.
[(c) An area agency on aging designated under subsection (a)
shall be--
[(1) an established office of aging which is
operating within a planning and service area designated
under subsection (a);
[(2) any office or agency of a unit of general
purpose local government, which is designated to
function only for the purpose of serving as an area
agency on aging by the chief elected official of such
unit;
[(3) any office or agency designated by the
appropriate chief elected officials of any combination
of units of general purpose local government to act
only on behalf of such combination for such purpose;
[(4) any public or nonprofit private agency in a
planning and service area, or any separate
organizational unit within such agency, which is under
the supervision or direction for this purpose of the
designated State agency and which can and will engage
only in the planning or provision of a broad range of
supportive services, or nutrition services within such
planning and service area; or
[(5) in the case of a State specified in subsection
(b)(5), the State agency;
and shall provide assurance, determined adequate by the State
agency, that the area agency on aging will have the ability to
develop an area plan and to carry out, directly or through
contractual or other arrangements, a program in accordance with
the plan within the planning and service area. In designating
an area agency on aging within the planning and service area or
within any unit of general purpose local government designated
as a planning and service area the State shall give preference
to an established office on aging, unless the State agency
finds that no such office within the planning and service area
will have the capacity to carry out the area plan.
[(d) The publication for review and comment required by
paragraph (2)(C) of subsection (a) shall include--
[(1) a descriptive statement of the formula's
assumptions and goals, and the application of the
definitions of greatest economic or social need,
[(2) a numerical statement of the actual funding
formula to be used,
[(3) a listing of the population, economic, and
social data to be used for each planning and service
area in the State, and
[(4) a demonstration of the allocation of funds,
pursuant to the funding formula, to each planning and
service area in the State.
[area plans
[Sec. 306. (a) Each area agency on aging designated under
section 305(a)(2)(A) shall, in order to be approved by the
State agency, prepare and develop an area plan for a planning
and service area for a two-, three-, or four-year period
determined by the State agency, with such annual adjustments as
may be necessary. Each such plan shall be based upon a uniform
format for area plans within the State prepared in accordance
with section 307(a)(1). Each such plan shall--
[(1) provide, through a comprehensive and coordinated
system, for supportive services, nutrition services,
and, where appropriate, for the establishment,
maintenance, or construction of multipurpose senior
centers, within the planning and service area covered
by the plan, including determining the extent of need
for supportive services, nutrition services, and
multipurpose senior centers in such area (taking into
consideration, among other things, the number of older
individuals with low incomes residing in such area, the
number of older individuals who have greatest economic
need (with particular attention to low-income minority
individuals) residing in such area, the number of older
individuals who have greatest social need (with
particular attention to low-income minority
individuals) residing in such area, and the number of
older individuals who are Indians residing in such
area, and the efforts of voluntary organizations in the
community), evaluating the effectiveness of the use of
resources in meeting such need, and entering into
agreements with providers of supportive services,
nutrition services, or multipurpose senior centers in
such area, for the provision of such services or
centers to meet such need;
[(2) provide assurances that an adequate proportion,
as required under section 307(a)(22), of the amount
allotted for part B to the planning and service area
will be expended for the delivery of each of the
following categories of services--
[(A) services associated with access to
services (transportation, outreach, information
and assistance, and case management services);
[(B) in-home services (homemaker and home
health aides, visiting and telephone
reassurance, chore maintenance, and supportive
services for families of older individuals who
are victims of Alzheimer's disease and related
disorders with neurological and organic brain
dysfunction; and
[(C) legal assistance;
and specify annually in such plan, as submitted or as
amended, in detail the amount of funds expended for
each such category during the fiscal year most recently
concluded;
[(3)(A) designate, where feasible, a focal point for
comprehensive service delivery in each community,
giving special consideration to designating
multipurpose senior centers (including multipurpose
senior centers operated by organizations referred to in
paragraph (6)(E)(ii)) as such focal point; and
[(B) specify, in grants, contracts, and agreements
implementing the plan, the identity of each focal point
so designated;
[(4) provide for the establishment and maintenance of
information and assistance services in sufficient
numbers to assure that all older individuals within the
planning and service area covered by the plan will have
reasonably convenient access to such services, with
particular emphasis on linking services available to
isolated older individuals and older individuals with
Alzheimer's disease or related disorders with
neurological and organic brain dysfunction (and the
caretakers of individuals with such disease or
disorders);
[(5)(A)(i) provide assurances that the area agency on
aging will set specific objectives for providing
services to older individuals with greatest economic
need and older individuals with greatest social need,
include specific objectives for providing services to
low-income minority individuals, and include proposed
methods of carrying out the preference in the area
plan;
[(ii) provide assurances that the area agency on
aging will include in each agreement made with a
provider of any service under this title, a requirement
that such provider will--
[(I) specify how the provider intends to
satisfy the service needs of low-income
minority individuals in the area served by the
provider;
[(II) to the maximum extent feasible, provide
services to low-income minority individuals in
accordance with their need for such services;
and
[(III) meet specific objectives established
by the area agency on aging, for providing
services to low-income minority individuals
within the planning and service area; and
[(iii) with respect to the fiscal year preceding the
fiscal year for which such plan is prepared--
[(I) identify the number of low-income
minority older individuals in the planning and
service area;
[(II) describe the methods used to satisfy
the service needs of such minority older
individuals; and
[(III) provide information on the extent to
which the area agency on aging met the
objectives described in clause (i);
[(B) provide assurances that the area agency
on aging will use outreach efforts that will--
[(i) identify individuals eligible
for assistance under this Act, with
special emphasis on--
[(I) older individuals
residing in rural areas;
[(II) older individuals with
greatest economic need (with
particular attention to low-
income minority individuals);
[(III) older individuals with
greatest social need (with
particular attention to low-
income minority individuals);
[(IV) older individuals with
severe disabilities;
[(V) older individuals with
limited English-speaking
ability; and
[(VI) older individuals with
Alzheimer's disease or related
disorders with neurological and
organic brain dysfunction (and
the caretakers of such
individuals); and
[(ii) inform the older individuals
referred to in subclauses (I) through
(VI) of clause (i), and the caretakers
of such individuals, of the
availability of such assistance; and
[(C) contain an assurance that the area agency on
aging will ensure that each activity undertaken by the
agency, including planning, advocacy, and systems
development, will include a focus on the needs of low-
income minority older individuals;
[(6) provide that the area agency on aging will--
[(A) conduct periodic evaluations of, and
public hearings on, activities carried out
under the area plan and an annual evaluation of
the effectiveness of outreach conducted under
paragraph (5)(B);
[(B) furnish appropriate technical
assistance, and timely information in a timely
manner, to providers of supportive services,
nutrition services, or multipurpose senior
centers in the planning and service area
covered by the area plan;
[(C) take into account in connection with
matters of general policy arising in the
development and administration of the area
plan, the views of recipients of services under
such plan;
[(D) serve as the advocate and focal point
for older individuals within the community by
(in cooperation with agencies, organizations,
and individuals participating in activities
under the plan) monitoring, evaluating, and
commenting upon all policies, programs,
hearings, levies, and community actions which
will affect older individuals;
[(E)(i) where possible, enter into
arrangements with organizations providing day
care services for children or adults, and
respite for families, so as to provide
opportunities for older individuals to aid or
assist on a voluntary basis in the delivery of
such services to children, adults, and
families; and
[(ii) if possible regarding the provision of
services under this title, enter into
arrangements and coordinate with organizations
that have a proven record of providing services
to older individuals, that--
[(I) were officially designated as
community action agencies or community
action programs under section 210 of
the Economic Opportunity Act of 1964
(42 U.S.C. 2790) for fiscal year 1981,
and did not lose the designation as a
result of failure to comply with such
Act; or
[(II) came into existence during
fiscal year 1982 as direct successors
in interest to such community action
agencies or community action programs;
and that meet the requirements under section
676B of the Community Services Block Grant Act;
[(F) establish an advisory council consisting
of older individuals (including minority
individuals) who are participants or who are
eligible to participate in programs assisted
under this Act, representatives of older
individuals, local elected officials, providers
of veterans' health care (if appropriate), and
the general public, to advise continuously the
area agency on aging on all matters relating to
the development of the area plan, the
administration of the plan and operations
conducted under the plan;
[(G) develop and publish methods by which
priority of services is determined,
particularly with respect to the delivery of
services under paragraph (2);
[(H) establish effective and efficient
procedures for coordination of--
[(i) entities conducting programs
that receive assistance under this Act
within the planning and service area
served by the agency; and
[(ii) entities conducting other
Federal programs for older individuals
at the local level, with particular
emphasis on entities conducting
programs described in section 203(b),
within the area;
[(I) conduct efforts to facilitate the
coordination of community-based, long-term care
services designed to retain individuals in
their homes, thereby deferring unnecessary,
costly institutionalization, and designed to
include the development of case management
services as a component of the long-term care
services;
[(J) identify the public and private
nonprofit entities involved in the prevention,
identification, and treatment of the abuse,
neglect, and exploitation of older individuals,
and based on such identification, determine the
extent to which the need for appropriate
services for such individuals is unmet;
[(K) facilitate the involvement of long-term
care providers in the coordination of
community-based long-term care services and
work to ensure community awareness of and
involvement in addressing the needs of
residents of long-term care facilities;
[(L) coordinate the categories of services
specified in paragraph (2) for which the area
agency on aging is required to expend funds
under part B, with activities of community-
based organizations established for the benefit
of victims of Alzheimer's disease and the
families of such victims;
[(M) coordinate any mental health services
provided with funds expended by the area agency
on aging for part B with the mental health
services provided by community health centers
and by other public agencies and nonprofit
private organizations;
[(N) if there is a significant population of
older individuals who are Indians in the
planning and service area of the area agency on
aging, the area agency on aging shall conduct
outreach activities to identify such
individuals in such area and shall inform such
individuals of the availability of assistance
under this Act;
[(O)(i) compile available information on
institutions of higher education in the
planning and service area regarding--
[(I) the courses of study offered to
older individuals by such institutions;
and
[(II) the policies of such
institutions with respect to the
enrollment of older individuals with
little or no payment of tuition, on a
space available basis, or on another
special basis;
and include in such compilation such related
supplementary information as may be necessary;
and
[(ii) based on the results of such
compilation, make a summary of such information
available to older individuals at multipurpose
senior centers, congregate nutrition sites, and
other appropriate places;
[(P) establish a grievance procedure for
older individuals who are dissatisfied with or
denied services under this title;
[(Q) enter into voluntary arrangements with
nonprofit entities (including public and
private housing authorities and organizations)
that provide housing (such as housing under
section 202 of the Housing Act of 1959 (12
U.S.C. 1701Q)) to older individuals, to
provide--
[(i) leadership and coordination in
the development, provision, and
expansion of adequate housing,
supportive services, referrals, and
living arrangements for older
individuals; and
[(ii) advance notification and
nonfinancial assistance to older
individuals who are subject to eviction
from such housing;
[(R) list the telephone number of the agency
in each telephone directory that is published,
by the provider of local telephone service, for
residents in any geographical area that lies in
whole or in part in the service and planning
area served by the agency--
[(i) under the name ``Area Agency on
Aging'';
[(ii) in the unclassified section of
the directory; and
[(iii) to the extent possible, in the
classified section of the directory,
under a subject heading designated by
the Assistant Secretary by regulation;
and
[(S) identify the needs of older individuals
and describe methods the area agency on aging
will use to coordinate planning and delivery of
transportation services (including the purchase
of vehicles) to assist older individuals,
including those with special needs, in the
area;
[(7) provide assurances that any amount received
under part D will be expended in accordance with such
part;
[(8) provide assurances that any amount received
under part E will be expended in accordance with such
part;
[(9) provide assurances that any amount received
under part F will be expended in accordance with such
part;
[(10) provide assurances that any amount received
under part G will be expended in accordance with such
part;
[(11) provide assurances that the area agency on
aging, in carrying out the State Long-Term Care
Ombudsman program under section 307(a)(12), will expend
not less than the total amount of funds appropriated
under this Act and expended by the agency in fiscal
year 1991 in carrying out such a program under this
title;
[(12) in the discretion of the area agency on aging,
provide for an area volunteer services coordinator, who
shall--
[(A) encourage, and enlist the services of,
local volunteer groups to provide assistance
and services appropriate to the unique needs of
older individuals within the planning and
service area;
[(B) encourage, organize, and promote the use
of older individuals as volunteers to local
communities within the area; and
[(C) promote the recognition of the
contribution made by volunteers to programs
administered under the area plan;
[(13)(A) describe all activities of the area agency
on aging, whether funded by public or private funds;
and
[(B) provide an assurance that the activities conform
with--
[(i) the responsibilities of the area agency
on aging, as set forth in this subsection; and
[(ii) the laws, regulations, and policies of
the State served by the area agency on aging;
[(14) provide assurances that the area agency on
aging will--
[(A) maintain the integrity and public
purpose of services provided, and service
providers, under this title in all contractual
and commercial relationships;
[(B) disclose to the Assistant Secretary and
the State agency--
[(i) the identity of each
nongovernmental entity with which such
agency has a contract or commercial
relationship relating to providing any
service to older individuals; and
[(ii) the nature of such contract or
such relationship;
[(C) demonstrate that a loss or diminution in
the quantity or quality of the services
provided, or to be provided, under this title
by such agency has not resulted and will not
result from such contract or such relationship;
[(D) demonstrate that the quantity or quality
of the services to be provided under this title
by such agency will be enhanced as a result of
such contract or such relationship; and
[(E) on the request of the Assistant
Secretary or the State, for the purpose of
monitoring compliance with this Act (including
conducting an audit), disclose all sources and
expenditures of funds such agency receives or
expends to provide services to older
individuals;
[(15) provide assurances that funds received under
this title will not be used to pay any part of a cost
(including an administrative cost) incurred by the area
agency on aging to carry out a contract or commercial
relationship that is not carried out to implement this
title;
[(16) provide assurances that preference in receiving
services under this title will not be given by the area
agency on aging to particular older individuals as a
result of a contract or commercial relationship that is
not carried out to implement this title;
[(17) provide assurances that projects in the
planning and service area will reasonably accommodate
participants as described in section 307(a)(13)(G);
[(18) provide assurances that the area agency on
aging will, to the maximum extent practicable,
coordinate the services it provides under this title
with services provided under title VI;
[(19)(A) provide an assurance that the area agency on
aging will pursue activities to increase access by
older individuals who are Native Americans to all aging
programs and benefits provided by the agency, including
programs and benefits under this title, if applicable;
and
[(B) specify the ways in which the area agency on
aging intends to implement the activities; and
[(20) provide that case management services provided
under this title through the area agency on aging
will--
[(A) not duplicate case management services
provided through other Federal and State
programs;
[(B) be coordinated with services described
in subparagraph (A); and
[(C) be provided by--
[(i) a public agency; or
[(ii) a nonprofit private agency
that--
[(I) does not provide, and
does not have a direct or
indirect ownership or
controlling interest in, or a
direct or indirect affiliation
or relationship with, an entity
that provides, services other
than case management services
under this title; or
[(II) is located in a rural
area and obtains a waiver of
the requirement described in
subclause (I).
[(b)(1) Each State, in approving area agency on aging plans
under this section, shall waive the requirement described in
paragraph (2) of subsection (a) for any category of services
described in such paragraph if the area agency on aging
demonstrates to the State agency that services being furnished
for such category in the area are sufficient to meet the need
for such services in such area.
[(2)(A) Before an area agency on aging requests a waiver
under paragraph (1) of this subsection, the area agency on
aging shall conduct a timely public hearing in accordance with
the provisions of this paragraph. The area agency on aging
requesting a waiver shall notify all interested parties in the
area of the public hearing and furnish the interested parties
with an opportunity to testify.
[(B) The area agency on aging shall prepare a record of the
public hearing conducted pursuant to subparagraph (A) and shall
furnish the record of the public hearing with the request for a
waiver made to the State under paragraph (1).
[(C) Whenever the State agency proposes to grant a waiver to
an area agency on aging under this subsection, the State agency
shall publish the intention to grant such a waiver together
with the justification for the waiver at least 30 days prior to
the effective date of the decision to grant the waiver. An
individual or a service provider from the area with respect to
which the proposed waiver applies is entitled to request a
hearing before the State agency on the request to grant such
waiver. If, within the 30-day period described in the first
sentence of this subparagraph, an individual or service
provider requests a hearing under this subparagraph, the State
agency shall afford such individual or provider an opportunity
for a hearing.
[(D) If the State agency waives the requirement described in
paragraph (2) of subsection (a), the State agency shall provide
to the Assistant Secretary--
[(i) a report regarding such waiver that details the
demonstration made by the area agency on aging to
obtain such waiver;
[(ii) a copy of the record of the public hearing
conducted pursuant to subparagraph (A); and
[(iii) a copy of the record of any public hearing
conducted pursuant to subparagraph (C).
[(c)(1) Subject to regulations prescribed by the Assistant
Secretary, an area agency on aging designated under section
305(a)(2)(A) or, in areas of a State where no such agency has
been designated, the State agency, may enter into agreement
with agencies administering programs under the Rehabilitation
Act of 1973, and titles XIX and XX of the Social Security Act
for the purpose of developing and implementing plans for
meeting the common need for transportation services of
individuals receiving benefits under such Acts and older
individuals participating in programs authorized by this title.
[(2) In accordance with an agreement entered into under
paragraph (1), funds appropriated under this title may be used
to purchase transportation services for older individuals and
may be pooled with funds made available for the provision of
transportation services under the Rehabilitation Act of 1973,
and titles XIX and XX of the Social Security Act.
[(d) An area agency on aging may not require any provider of
legal assistance under this title to reveal any information
that is protected by the attorney-client privilege.
[(e)(1) If the head of a State agency finds that an area
agency on aging has failed to comply with Federal or State
laws, including the area plan requirements of this section,
regulations, or policies, the State may withhold a portion of
the funds to the area agency on aging available under this
title.
[(2)(A) The head of a State agency shall not make a final
determination withholding funds under paragraph (1) without
first affording the area agency on aging due process in
accordance with procedures established by the State agency.
[(B) At a minimum, such procedures shall include procedures
for--
[(i) providing notice of an action to withhold funds;
[(ii) providing documentation of the need for such
action; and
[(iii) at the request of the area agency on aging,
conducting a public hearing concerning the action.
[(3)(A) If a State agency withholds the funds, the State
agency may use the funds withheld to directly administer
programs under this title in the planning and service area
served by the area agency on aging for a period not to exceed
180 days, except as provided in subparagraph (B).
[(B) If the State agency determines that the area agency on
aging has not taken corrective action, or if the State agency
does not approve the corrective action, during the 180-day
period described in subparagraph (A), the State agency may
extend the period for not more than 90 days.
[state plans
[Sec. 307. (a) Except as provided in the succeeding sentence
and section 309(a), each State, in order to be eligible for
grants from its allotment under this title for any fiscal year,
shall submit to the Assistant Secretary a State plan for a two-
, three-, or four-year period determined by the State agency,
with such annual revisions as are necessary, which meets such
criteria as the Assistant Secretary may by regulation
prescribe. If the Assistant Secretary determines, in the
discretion of the Assistant Secretary, that a State failed in 2
successive years to comply with the requirements under this
title, then the State shall submit to the Assistant Secretary a
State plan for a 1-year period that meets such criteria, for
subsequent years until the Assistant Secretary determines that
the State is in compliance with such requirements. Each such
plan shall comply with all of the following requirements:
[(1) The plan shall contain assurances that the State
plan will be based upon area plans developed by area
agencies on aging within the State designated under
section 305(a)(2)(A) and that the State will prepare
and distribute a uniform format for use by area
agencies on aging in developing area plans under
section 306.
The plan shall provide that each area agency on aging
designated under section 305(a)(2)(A) will develop and
submit to the State agency for approval an area plan
which complies with the provisions of section 306.
[(3)(A) The plan shall provide that the State agency
will evaluate the need for supportive services
(including legal assistance and transportation
services), nutrition services, and multipurpose senior
centers within the State and determine the extent to
which existing public or private programs meet such
need. To conduct the evaluation, the State agency shall
use the procedures implemented under section
202(a)(29).
[(B) The plan shall provide assurances that the State
agency will spend in each fiscal year, for services to
older individuals residing in rural areas in the State
assisted under this title, an amount equal to not less
than 105 percent of the amount expended for such
services (including amounts expended under title V and
title VII) in fiscal year 1978.
[(4) The plan shall provide for the use of such
methods of administration (including methods relating
to the establishment and maintenance of personnel
standards on a merit basis, except that the Assistant
Secretary shall exercise no authority with respect to
the selection, tenure of office, or compensation of any
individual employed in accordance with such methods) as
are necessary for the proper and efficient
administration of the plan, and, where necessary,
provide for the reorganization and reassignment of
functions to assure such efficient administration.
[(5) The plan shall provide that the State agency
will afford an opportunity for a hearing upon request
to any agency on aging submitting a plan under this
title, to any provider of a service under such a plan,
or to any applicant to provide a service under such a
plan. The State agency shall establish and publish
procedures for requesting and conducting such hearing.
[(6) The plan shall provide that the State agency
will make such reports, in such form, and containing
such information, as the Assistant Secretary may
require, and comply with such requirements as the
Assistant Secretary may impose to insure the
correctness of such reports.
[(7)(A) The plan shall provide satisfactory assurance
that such fiscal control and fund accounting procedures
will be adopted as may be necessary to assure proper
disbursement of, and accounting for, Federal funds paid
under this title to the State, including any such funds
paid to the recipients of a grant or contract.
[(B) The plan shall provide assurances that--
[(i) no individual (appointed or otherwise)
involved in the designation of the State agency
or an area agency on aging, or in the
designation of the head of any subdivision of
the State agency or of an area agency on aging,
is subject to a conflict of interest prohibited
under this Act;
[(ii) no officer, employee, or other
representative of the State agency or an area
agency on aging is subject to a conflict of
interest prohibited under this Act; and
[(iii) mechanisms are in place to identify
and remove conflicts of interest prohibited
under this Act.
[(C) The plan shall provide assurances that the State
agency and each area agency on aging will--
[(i) maintain the integrity and public
purpose of services provided, and service
providers, under the State plan in all
contractual and commercial relationships;
[(ii) disclose to the Assistant Secretary--
[(I) the identity of each
nongovernmental entity with which the
State agency or area agency on aging
has a contract or commercial
relationship relating to providing any
service to older individuals; and
[(II) the nature of such contract or
such relationship;
[(iii) demonstrate that a loss or diminution
in the quantity or quality of the services
provided, or to be provided, under this Act by
such agency has not resulted and will not
result from such contract or such relationship;
[(iv) demonstrate that the quantity or
quality of the services to be provided under
the State plan will be enhanced as a result of
such contract or such relationship; and
[(v) on the request of the Assistant
Secretary, for the purpose of monitoring
compliance with this Act (including conducting
an audit), disclose all sources and
expenditures of funds the State agency and area
agency on aging receive or expend to provide
services to older individuals.
[(8) The plan shall provide that the State agency
will conduct periodic evaluations of, and public
hearings on, activities and projects carried out under
the State plan, including an evaluation of the
effectiveness of the State agency in reaching older
individuals with greatest economic need and older
individuals with greatest social need, with particular
attention to low-income minority individuals. In
conducting such evaluations and public hearings, the
State agency shall solicit the views and experiences of
entities that are knowledgeable about the needs and
concerns of low-income minority older individuals.
[(9) The plan shall provide for establishing and
maintaining information and assistance services in
sufficient numbers to assure that all older individuals
in the State who are not furnished adequate information
and assistance services under section 306(a)(4) will
have reasonably convenient access to such services.
[(10) The plan shall provide that no supportive
services, nutrition services, or in-home services (as
defined in section 342) will be directly provided by
the State agency or an area agency on aging, except
where, in the judgment of the State agency, provision
of such services by the State agency or an area agency
on aging is necessary to assure an adequate supply of
such services, or where such services are directly
related to such State or area agency on aging's
administrative functions, or where such services of
comparable quality can be provided more economically by
such State or area agency on aging.
[(11) The plan shall provide that subject to the
requirements of merit employment systems of State and
local governments--
[(A) preference shall be given to older
individuals; and
[(B) special consideration shall be given to
individuals with formal training in the field
of aging (including an educational specialty or
emphasis in aging and a training degree or
certificate in aging) or equivalent
professional experience in the field of aging;
for any staff positions (full time or part time) in
State and area agencies for which such individuals
qualify.
[(12) The plan shall provide assurances that the
State agency will carry out, through the Office of the
State Long-Term Care Ombudsman, a State Long-Term Care
Ombudsman program in accordance with section 712 and
this title.
[(13) The plan shall provide with respect to
nutrition services that--
[(A) each project providing nutrition
services will be available to older individuals
and to their spouses, and may be made available
to handicapped or disabled individuals who have
not attained 60 years of age but who reside in
housing facilities occupied primarily by older
individuals at which congregate nutrition
services are provided;
[(B) primary consideration shall be given to
the provision of meals in a congregate setting,
except that each area agency on aging (i) may
award funds made available under this title
(other than under section 303(b)(3)) to
organizations for the provision of home
delivered meals to older individuals in
accordance with the provisions of subpart 2 of
part C, based upon a determination of need made
by the recipient of a grant or contract entered
into under this title, without requiring that
such organizations also provide meals to older
individuals in a congregate setting; and (ii)
shall, in awarding such funds, select such
organizations in a manner which complies with
the provisions of subparagraph (H);
[(C)(i) each project will permit recipients
of grants or contracts to solicit voluntary
contributions for meals furnished in accordance
with guidelines established by the Assistant
Secretary, taking into consideration the income
ranges of eligible individuals in local
communities and other sources of income of the
recipients of a grant or contract; and (ii)
such voluntary contributions will be used to
increase the number of meals served by the
project involved, to facilitate access to such
meals, and to provide other supportive services
directly related to nutrition services;
[(D) in the case of meals served in a
congregate setting, a site for such services
and for comprehensive supportive services is
furnished in as close proximity to the majority
of eligible individuals' residences as
feasible, with particular attention upon a
multipurpose senior center, a school, a church,
or other appropriate community facility,
preferably within walking distance where
possible, and where appropriate, transportation
to such site is furnished;
[(E) each project will establish outreach
activities which assure that the maximum number
of eligible individuals may have an opportunity
to participate;
[(F) each project will establish and
administer the nutrition project with the
advice of dietitians (or individuals with
comparable expertise), persons competent in the
field of service in which the nutrition project
is being provided, older individuals who will
participate in the program, and of persons who
are knowledgeable with regard to the needs of
older individuals;
[(G) each project will provide special menus,
where feasible and appropriate to meet the
particular dietary needs arising from the
health requirements, religious requirements, or
ethnic backgrounds of eligible individuals;
[(H) each area agency on aging will give
consideration where feasible, in the furnishing
of home delivered meals to the use of
organizations which (i) have demonstrated an
ability to provide home delivered meals
efficiently and reasonably; and (ii) furnish
assurances to the area agency on aging that
such an organization will maintain efforts to
solicit voluntary support and that the funds
made available under this title to the
organization will not be used to supplant funds
from non-Federal sources;
[(I) each area agency on aging shall
establish procedures that will allow nutrition
project administrators the option to offer a
meal, on the same basis as meals are provided
to participating older individuals, to
individuals providing volunteer services during
the meal hours, and to individuals with
disabilities who reside at home with and
accompany older individuals who are eligible
under this Act;
[(J) each nutrition project shall provide
nutrition education on at least a semiannual
basis to participants in programs described in
part C;
[(K) each project shall comply with
applicable provisions of State or local laws
regarding the safe and sanitary handling of
food, equipment, and supplies used in the
storage, preparation, service, and delivery of
meals to an older individual;
[(L) the State agency will monitor,
coordinate, and assist in the planning of
nutritional services, with the advice of a
dietitian or an individual with comparable
expertise; and
[(M) the State agency will--
[(i) develop nonfinancial criteria
for eligibility to receive nutrition
services under section 336; and
[(ii) periodically evaluate
recipients of such services to
determine whether they continue to meet
such criteria.
[(14) The plan shall provide, with respect to the
acquisition (in fee simple or by lease for 10 years or
more), alteration, or renovation of existing facilities
(or the construction of new facilities in any area in
which there are no suitable structures available, as
determined by the State agency, after full
consideration of the recommendations made by area
agencies on aging, to be a focal point for the delivery
of services assisted under this title) to serve as
multipurpose senior centers, that--
[(A) the plan contains or is supported by
reasonable assurances that (i) for not less
than 10 years after acquisition, or not less
than 20 years after the completion of
construction, the facility will be used for the
purpose for which it is to be acquired or
constructed, unless for unusual circumstances
the Assistant Secretary waives the requirement
of this division; (ii) sufficient funds will be
available to meet the non-Federal share of the
cost of acquisition or construction of the
facility; (iii) sufficient funds will be
available when acquisition or construction is
completed, for effective use of the facility
for the purpose for which it is being acquired
or constructed; and (iv) the facility will not
be used and is not intended to be used for
sectarian instruction or as a place for
religious worship;
[(B) the plan contains or is supported by
reasonable assurances that, in the case of
purchase or construction, there are no existing
facilities in the community suitable for
leasing as a multipurpose senior center;
[(C) the plans and specifications for the
facility are in accordance with regulations
relating to minimum standards of construction,
promulgated with particular emphasis on
securing compliance with the requirements of
the Act of August 12, 1968, commonly known as
the Architectural Barriers Act of 1968;
[(D) the plan contains or is supported by
adequate assurance that any laborer or mechanic
employed by any contractor or subcontractor in
the performance of work on the facility will be
paid wages at rates not less than those
prevailing for similar work in the locality as
determined by the Secretary of Labor in
accordance with the Act of March 3, 1931 (40
U.S.C. 276a--276a-5, commonly known as the
Davis-Bacon Act), and the Secretary of Labor
shall have, with respect to the labor standards
specified in this subparagraph, the authority
and functions set forth in reorganization plan
numbered 14 of 1950 (15 F.R. 3176; 64 Stat.
1267), and section 2 of the Act of June 13,
1934 (40 U.S.C. 276c); and
[(E) the plan contains assurances that the
State agency will consult with the Secretary of
Housing and Urban Development with respect to
the technical adequacy of any proposed
alteration or renovation.
[(15) The plan shall provide that with respect to
legal assistance--
[(A) the plan contains assurances that area
agencies on aging will (i) enter into contracts
with providers of legal assistance which can
demonstrate the experience or capacity to
deliver legal assistance; (ii) include in any
such contract provisions to assure that any
recipient of funds under division (i) will be
subject to specific restrictions and
regulations promulgated under the Legal
Services Corporation Act (other than
restrictions and regulations governing
eligibility for legal assistance under such Act
and governing membership of local governing
boards) as determined appropriate by the
Assistant Secretary; and (iii) attempt to
involve the private bar in legal assistance
activities authorized under this title,
including groups within the private bar
furnishing services to older individuals on a
pro bono and reduced fee basis;
[(B) the plan contains assurances that no
legal assistance will be furnished unless the
grantee administers a program designed to
provide legal assistance to older individuals
with social or economic need and has agreed, if
the grantee is not a Legal Services Corporation
project grantee, to coordinate its services
with existing Legal Services Corporation
projects in the planning and service area in
order to concentrate the use of funds provided
under this title on individuals with the
greatest such need; and the area agency on
aging makes a finding, after assessment,
pursuant to standards for service promulgated
by the Assistant Secretary, that any grantee
selected is the entity best able to provide the
particular services;
[(C) the State agency will provide for the
coordination of the furnishing of legal
assistance to older individuals within the
State, and provide advice and technical
assistance in the provision of legal assistance
to older individuals within the State and
support the furnishing of training and
technical assistance for legal assistance for
older individuals;
[(D) the plan contains assurances, to the
extent practicable, that legal assistance
furnished under the plan will be in addition to
any legal assistance for older individuals
being furnished with funds from sources other
than this Act and that reasonable efforts will
be made to maintain existing levels of legal
assistance for older individuals; and
[(E) the plan contains assurances that area
agencies on aging will give priority to legal
assistance related to income, health care,
long-term care, nutrition, housing, utilities,
protective services, defense of guardianship,
abuse, neglect, and age discrimination.
[(16) The plan shall provide, whenever the State
desires to provide for a fiscal year for services for
the prevention of abuse of older individuals--
[(A) the plan contains assurances that any
area agency on aging carrying out such services
will conduct a program consistent with relevant
State law and coordinated with existing State
adult protective service activities for--
[(i) public education to identify and
prevent abuse of older individuals;
[(ii) receipt of reports of abuse of
older individuals;
[(iii) active participation of older
individuals participating in programs
under this Act through outreach,
conferences, and referral of such
individuals to other social service
agencies or sources of assistance where
appropriate and consented to by the
parties to be referred; and
[(iv) referral of complaints to law
enforcement or public protective
service agencies where appropriate;
[(B) the State will not permit involuntary or
coerced participation in the program of
services described in this paragraph by alleged
victims, abusers, or their households; and
[(C) all information gathered in the course
of receiving reports and making referrals shall
remain confidential unless all parties to the
complaint consent in writing to the release of
such information, except that such information
may be released to a law enforcement or public
protective service agency.
[(17) The plan shall provide assurances that each
State will provide inservice training opportunities for
personnel of agencies and programs funded under this
Act.
[(18) The plan shall provide assurances that each
State will assign personnel (one of whom shall be known
as a legal assistance developer) to provide State
leadership in developing legal assistance programs for
older individuals throughout the State.
[(19) The plan shall provide, with respect to
education and training services, assurances that area
agencies on aging may enter into grants and contracts
with providers of education and training services which
can demonstrate the experience or capacity to provide
such services (except that such contract authority
shall be effective for any fiscal year only to such
extent, or in such amounts, as are provided in
appropriations Acts).
[(20) The plan shall provide assurances that, if a
substantial number of the older individuals residing in
any planning and service area in the State are of
limited English-speaking ability, then the State will
require the area agency on aging for each such planning
and service area--
[(A) to utilize in the delivery of outreach
services under section 306(a)(2)(A), the
services of workers who are fluent in the
language spoken by a predominant number of such
older individuals who are of limited English-
speaking ability; and
[(B) to designate an individual employed by
the area agency on aging, or available to such
area agency on aging on a full-time basis,
whose responsibilities will include--
[(i) taking such action as may be
appropriate to assure that counseling
assistance is made available to such
older individuals who are of limited
English-speaking ability in order to
assist such older individuals in
participating in programs and receiving
assistance under this Act; and
[(ii) providing guidance to
individuals engaged in the delivery of
supportive services under the area plan
involved to enable such individuals to
be aware of cultural sensitivities and
to take into account effectively
linguistic and cultural differences.
[(21) The plan shall provide assurances that the
State agency, in carrying out the State Long-Term Care
Ombudsman program under section 307(a)(12), will expend
not less than the total amount expended by the agency
in fiscal year 1991 in carrying out such a program
under this title.
[(22) The plan shall specify a minimum percentage of
the funds received by each area agency on aging for
part B that will be expended, in the absence of the
waiver granted under section 306(b)(1), by such area
agency on aging to provide each of the categories of
services specified in section 306(a)(2).
[(23) The plan shall, with respect to the fiscal year
preceding the fiscal year for which such plan is
prepared--
[(A) identify the number of low-income
minority older individuals in the State; and
[(B) describe the methods used to satisfy the
service needs of such minority older
individuals.
[(24) The plan shall provide assurances that the
State agency will require outreach efforts that will--
[(A) identify individuals eligible for
assistance under this Act, with special
emphasis on--
[(i) older individuals residing in
rural areas;
[(ii) older individuals with greatest
economic need (with particular
attention to low-income minority
individuals);
[(iii) older individuals with
greatest social need (with particular
attention to low-income minority
individuals);
[(iv) older individuals with severe
disabilities;
[(v) older individuals with limited
English-speaking ability; and
[(vi) older individuals with
Alzheimer's disease or related
disorders with neurological and organic
brain dysfunction (and the caretakers
of such individuals); and
[(B) inform the older individuals referred to
in clauses (i) through (vi) of subparagraph
(A), and the caretakers of such individuals, of
the availability of such assistance.
[(25) The plan shall provide, with respect to the
needs of older individuals with severe disabilities,
assurances that the State will coordinate planning,
identification, assessment of needs, and service for
older individuals with disabilities with particular
attention to individuals with severe disabilities with
the State agencies with primary responsibility for
individuals with disabilities, including severe
disabilities, and develop collaborative programs, where
appropriate, to meet the needs of older individuals
with disabilities.
[(26) The plan shall provide assurances that area
agencies on aging will conduct efforts to facilitate
the coordination of community-based, long-term care
services, pursuant to section 306(a)(6)(I), for older
individuals who--
[(A) reside at home and are at risk of
institutionalization because of limitations on
their ability to function independently;
[(B) are patients in hospitals and are at
risk of prolonged institutionalization; or
[(C) are patients in long-term care
facilities, but who can return to their homes
if community-based services are provided to
them.
[(27) The plan shall provide assurances of
consultation and coordination in planning and provision
of in-home services under section 341 with State and
local agencies and private nonprofit organizations
which administer and provide services relating to
health, social services, rehabilitation, and mental
health services.
[(28) The plan shall provide assurances that if the
State receives funds appropriated under section 303(e),
the State agency and area agencies on aging will expend
such funds to carry out part E.
[(29) The plan shall, with respect to the fiscal year
preceding the fiscal year for which such plan is
prepared, describe the methods used to satisfy the
service needs of older individuals who reside in rural
areas.
[(30) The plan shall include the assurances and
description required by section 705(a).
[(31)(A) If 50 percent or more of the area plans in
the State provide for an area volunteer services
coordinator, as described in section 306(a)(12), the
State plan shall provide for a State volunteer services
coordinator, who shall--
[(i) encourage area agencies on aging to
provide for area volunteer services
coordinators;
[(ii) coordinate the volunteer services
offered between the various area agencies on
aging;
[(iii) encourage, organize, and promote the
use of older individuals as volunteers to the
State;
[(iv) provide technical assistance, which may
include training, to area volunteer services
coordinators; and
[(v) promote the recognition of the
contribution made by volunteers to the programs
administered under the State plan.
[(B) If fewer than 50 percent of the area plans in
the State provide for an area volunteer services
coordinator, the State plan may provide for the State
volunteer services coordinator described in
subparagraph (A).
[(32) The plan shall provide assurances that special
efforts will be made to provide technical assistance to
minority providers of services.
[(33) The plan--
[(A) shall include the statement and the
demonstration required by paragraphs (2) and
(4) of section 305(d); and
[(B) may not be approved unless the Assistant
Secretary approves such statement and such
demonstration.
[(34) The plan shall provide an assurance that the
State agency will coordinate programs under this title
and title VI, if applicable.
[(35) The plan shall--
[(A) provide an assurance that the State
agency will pursue activities to increase
access by older individuals who are Native
Americans to all aging programs and benefits
provided by the agency, including programs and
benefits under this title, if applicable; and
[(B) specify the ways in which the State
agency intends to implement the activities.
[(36) If case management services are offered to
provide access to supportive services, the plan shall
provide that the State agency shall ensure compliance
with the requirements specified in section 306(a)(20).
[(37) The plan shall identify for each fiscal year,
the actual and projected additional costs of providing
services under this title, including the cost of
providing access to such services, to older individuals
residing in rural areas in the State (in accordance
with a standard definition of rural areas specified by
the Assistant Secretary).
[(38) The plan shall provide assurances that funds
received under this title will not be used to pay any
part of a cost (including an administrative cost)
incurred by the State or an area agency on aging to
carry out a contract or commercial relationship that is
not carried out to implement this title.
[(39) The plan shall provide assurances that
preference in receiving services under this title will
not be given by the area agency on aging to particular
older individuals as a result of a contract or
commercial relationship that is not carried out to
implement this title.
[(40) The plan shall provide assurances that if the
State receives funds appropriated under section 303(g)
the State agency and area agencies on aging will expend
such funds to carry out part G.
[(41) The plan shall provide assurances that
demonstrable efforts will be made--
[(A) to coordinate services provided under
this Act with other State services that benefit
older individuals; and
[(B) to provide multigenerational activities,
such as opportunities for older individuals to
serve as mentors or advisers in child care,
youth day care, educational assistance, at-risk
youth intervention, juvenile delinquency
treatment, and family support programs.
[(42) The plan shall provide assurances that the
State will coordinate public services within the State
to assist older individuals to obtain transportation
services associated with access to services provided
under this title, to services under title VI, to
comprehensive counseling services, and to legal
assistance.
[(43) The plan shall provide that the State agency
shall issue guidelines applicable to grievance
procedures required by section 306(a)(6)(P).
[(44) The plan shall include assurances that the
State has in effect a mechanism to provide for quality
in the provision of in-home services under this title.
[(b)(1) The Assistant Secretary shall approve any State
plan which the Assistant Secretary finds fulfills the
requirements of subsection (a), except the Assistant Secretary
may not approve such plan unless the Assistant Secretary
determines that the formula submitted under section
305(a)(2)(D) complies with the guidelines in effect under
section 305(a)(2)(C).
[(2) The Assistant Secretary, in approving any State plan
under this section, may waive the requirement described in
paragraph (3)(B) of subsection (a) if the State agency
demonstrates to the Assistant Secretary that the service needs
of older individuals residing in rural areas in the State are
being met, or that the number of older individuals residing in
such rural areas is not sufficient to require the State agency
to comply with such requirement.
[(c)(1) The Assistant Secretary shall not make a final
determination disapproving any State plan, or any modification
thereof, or make a final determination that a State is
ineligible under section 305, without first affording the State
reasonable notice and opportunity for a hearing.
[(2) Not later than 30 days after such final determination, a
State dissatisfied with such final determination may appeal
such final determination to the Secretary for review. If the
State timely appeals such final determination in accordance
with subsection (e)(1), the Secretary shall dismiss the appeal
filed under this paragraph.
[(3) If the State is dissatisfied with the decision of the
Secretary after review under paragraph (2), the State may
appeal such decision not later than 30 days after such decision
and in the manner described in subsection (e). For purposes of
appellate review under the preceding sentence, a reference in
subsection (e) to the Assistant Secretary shall be deemed to be
a reference to the Secretary.
[(d) Whenever the Assistant Secretary, after reasonable
notice and opportunity for a hearing to the State agency, finds
that--
[(1) the State is not eligible under section 305,
[(2) the State plan has been so changed that it no
longer complies substantially with the provisions of
subsection (a), or
[(3) in the administration of the plan there is a
failure to comply substantially with any such provision
of subsection (a),
the Assistant Secretary shall notify such State agency that no
further payments from its allotments under section 304 and
section 308 will be made to the State (or, in the Assistant
Secretary's discretion, that further payments to the State will
be limited to projects under or portions of the State plan not
affected by such failure), until the Assistant Secretary is
satisfied that there will no longer be any failure to comply.
Until the Assistant Secretary is so satisfied, no further
payments shall be made to such State from its allotments under
section 304 and section 308 (or payments shall be limited to
projects under or portions of the State plan not affected by
such failure). The Assistant Secretary shall, in accordance
with regulations the Assistant Secretary shall prescribe,
disburse the funds so withheld directly to any public or
nonprofit private organization or agency or political
subdivision of such State submitting an approved plan in
accordance with the provisions of this section. Any such
payment shall be matched in the proportions specified in
section 304.
[(e)(1) A State which is dissatisfied with a final action
of the Assistant Secretary under subsection (b), (c), or (d)
may appeal to the United States court of appeals for the
circuit in which the State is located, by filing a petition
with such court within 30 days after such final action. A copy
of the petition shall be forthwith transmitted by the clerk of
the court to the Assistant Secretary, or any officer designated
by the Assistant Secretary for such purpose. The Assistant
Secretary thereupon shall file in the court the record of the
proceedings on which the Assistant Secretary's action is based,
as provided in section 2112 of title 28, United States Code.
[(2) Upon the filing of such petition, the court shall have
jurisdiction to affirm the action of the Assistant Secretary or
to set it aside, in whole or in part, temporarily or
permanently, but until the filing of the record, the Assistant
Secretary may modify or set aside the Assistant Secretary's
order. The findings of the Assistant Secretary as to the facts,
if supported by substantial evidence, shall be conclusive, but
the court, for good cause shown may remand the case to the
Assistant Secretary to take further evidence, and the Assistant
Secretary shall, within 30 days, file in the court the record
of those further proceedings. Such new or modified findings of
fact shall likewise be conclusive if supported by substantial
evidence. The judgment of the court affirming or setting aside,
in whole or in part, any action of the Assistant Secretary
shall be final, subject to review by the Supreme Court of the
United States upon certiorari or certification as provided in
section 1254 of title 28, United States Code.
[(3) The commencement of proceedings under this subsection
shall not, unless so specifically ordered by the court, operate
as a stay of the Assistant Secretary's action.
[(f)(1) Neither a State, nor a State agency, may require
any provider of legal assistance under this title to reveal any
information that is protected by the attorney-client privilege.
[(2) Information disclosed under section 306(a)(14)(B)(i) or
subsection (a)(7)(C)(ii)(I) may be disclosed to the public by
the State agency or the State only if such information could be
disclosed under section 552 of title 5, United States Code, by
an agency of the United States.
[planning, coordination, evaluation, and administration of state plans
[Sec. 308. (a)(1) Amounts available to States under
subsection (b)(1) may be used to make grants to States for
paying such percentages as each State agency determines, but
not more than 75 percent, of the cost of the administration of
its State plan, including the preparation of the State plan,
the evaluation of activities carried out under such plan, the
collection of data and the carrying out of analyses related to
the need for supportive services, nutrition services, and
multipurpose senior centers within the State, and dissemination
of information so obtained, the provision of short-term
training to personnel of public or nonprofit private agencies
and organizations engaged in the operation of programs
authorized by this Act, and the carrying out of demonstration
projects of statewide significance relating to the initiation,
expansion, or improvement of services assisted under this
title.
[(2) Any sums available to a State under subsection (b)(1)
for part of the cost of the administration of its State plan
which the State determines is not needed for such purposes may
be used by the State to supplement the amount available under
section 304(d)(1)(A) to cover part of the cost of the
administration of area plans.
[(3) Any State which has been designated a single planning
and service area under section 305(a)(1)(E) covering all, or
substantially all, of the older individuals in such State, as
determined by the Assistant Secretary, may elect to pay part of
the costs of the administration of State and area plans either
out of sums received under this section or out of sums made
available for the administration of area plans under section
304(d)(1)(A), but shall not pay such costs out of sums received
or allotted under both such sections.
[(b)(1) If for any fiscal year the aggregate amount
appropriated under section 303 does not exceed $800,000,000,
then--
[(A) except as provided in clause (ii), the greater
of 5 percent of the allotment to a State under section
304(a)(1) or $300,000; and
[(B) in the case of Guam, American Samoa, the United
States Virgin Islands, the Trust Territory of the
Pacific Islands, and the Commonwealth of the Northern
Mariana Islands, the greater of 5 percent of such
allotment or $75,000;
shall be available to such State to carry out the purposes of
this section.
[(2) If for any fiscal year the aggregate amount
appropriated under section 303 exceeds $800,000,000, then--
[(A) except as provided in clause (ii), the greater
of 5 percent of the allotment to a State under section
304(a)(1) or $500,000; and
[(B) in the case of Guam, American Samoa, the United
States Virgin Islands, the Trust Territory of the
Pacific Islands, and the Commonwealth of the Northern
Mariana Islands, the greater of 5 percent of such
allotment or $100,000;
shall be available to such State to carry out the purposes of
this section.
[(3)(A) If the aggregate amount appropriated under
section 303 for a fiscal year does not exceed $800,000,000,
then any State which desires to receive amounts, in addition to
amounts allotted to such State under paragraph (1), to be used
in the administration of its State plan in accordance with
subsection (a) may transmit an application to the Assistant
Secretary in accordance with this paragraph. Any such
application shall be transmitted in such form, and according to
such procedures, as the Assistant Secretary may require, except
that such application may not be made as part of, or as an
amendment to, the State plan.
[(B) The Assistant Secretary may approve any application
transmitted by a State under subparagraph (A) if the Assistant
Secretary determines, based upon a particularized showing of
need that--
[(i) the State will be unable to fully and
effectively administer its State plan and to carry out
programs and projects authorized by this title unless
such additional amounts are made available by the
Assistant Secretary;
[(ii) the State is making full and effective use of
its allotment under paragraph (1) and of the personnel
of the State agency and area agencies designated under
section 305(a)(2)(A) in the administration of its State
plan in accordance with subsection (a); and
[(iii) the State agency and area agencies on aging of
such State are carrying out, on a full-time basis,
programs and activities which are in furtherance of the
objectives of this Act.
[(C) The Assistant Secretary may approve that portion of
the amount requested by a State in its application under
subparagraph (A) which the Assistant Secretary determines has
been justified in such application.
[(D) Amounts which any State may receive in any fiscal year
under this paragraph may not exceed three-fourths of 1 percent
of the sum of the amounts allotted under section 304(a) to such
State to carry out the State plan for such fiscal year.
[(E) No application by a State under subparagraph (A) shall
be approved unless it contains assurances that no amounts
received by the State under this paragraph will be used to hire
any individual to fill a job opening created by the action of
the State in laying off or terminating the employment of any
regular employee not supported under this Act in anticipation
of filling the vacancy so created by hiring an employee to be
supported through use of amounts received under this paragraph.
[(4)(A) Notwithstanding any other provision of this title
and except as provided in subparagraph (B), with respect to
funds received by a State and attributable to funds
appropriated under paragraph (1) or (2) of section 303(b), the
State may elect in its plan under section 307(a)(13) regarding
part C of this title, to transfer not more than 30 percent of
the funds so received between subpart 1 and subpart 2 of part
C, for use as the State considers appropriate to meet the needs
of the area served. The Assistant Secretary shall approve any
such transfer unless the Assistant Secretary determines that
such transfer is not consistent with the objectives of this
Act.
[(B) If a State demonstrates, to the satisfaction of the
Assistant Secretary, that funds received by the State and
attributable to funds appropriated under paragraph (1) or (2)
of section 303(b), including funds transferred under
subparagraph (A) without regard to this subparagraph, for
fiscal year 1993, 1994, 1995, or 1996 are insufficient to
satisfy the need for services under subpart 1 or subpart 2 of
part C, then the Assistant Secretary may grant a waiver that
permits the State to transfer under subparagraph (A) to satisfy
such need--
[(i) an additional 18 percent of the funds so
received for fiscal year 1993;
[(ii) an additional 15 percent of the funds so
received for each of the fiscal years 1994 and 1995;
and
[(iii) an additional 10 percent of the funds so
received for fiscal year 1996.
[(5)(A) Notwithstanding any other provision of this title and
except as provided in subparagraph (B), of the funds received
by a State attributable to funds appropriated under subsection
(a)(1), and paragraphs (1) and (2) of subsection (b), of
section 303, the State may elect to transfer not more than 30
percent for fiscal year 1993, not more than 25 percent for
fiscal year 1994, not more than 25 percent for fiscal year
1995, and not more than 20 percent for fiscal year 1996,
between programs under part B and part C, for use as the State
considers appropriate. The State shall notify the Assistant
Secretary of any such election.
[(B)(i) If a State demonstrates, to the satisfaction of the
Assistant Secretary, that funds received by the State and
attributable to funds appropriated under part B or part C
(including funds transferred under subparagraph (A) without
regard to this subparagraph) for fiscal year 1994 or 1995 are
insufficient to satisfy the need for services under such part,
then the Assistant Secretary may grant a waiver that permits
the State to transfer under subparagraph (A) to satisfy such
need an additional 5 percent of the funds so received for such
fiscal year.
[(ii) If a State demonstrates, to the satisfaction of the
Assistant Secretary, that funds received by the State and
attributable to funds appropriated under part B or part C
(including funds transferred under subparagraph (A) without
regard to this subparagraph) for fiscal year 1996 are
insufficient to satisfy the need for services under such part,
then the Assistant Secretary may grant a waiver that permits
the State to transfer under subparagraph (A) to satisfy such
need an additional 8 percent of the funds so received for such
fiscal year.
[(C) At a minimum, the application described in subparagraph
(A) shall include a description of the amount to be
transferred, the purposes of the transfer, the need for the
transfer, and the impact of the transfer on the provision of
services from which the funding will be transferred. The
Assistant Secretary shall approve or deny the application in
writing.
[(6) A State agency may not delegate to an area agency on
aging or any other entity the authority to make a transfer
under paragraph (4)(A) or (5)(A).
[(7) The Assistant Secretary shall annually collect, and
include in the report required by section 207(a), data
regarding the transfers described in paragraphs (4)(A) and
(5)(A), including--
[(A) the amount of funds involved in the transfers,
analyzed by State;
[(B) the rationales for the transfers;
[(C) in the case of transfers described in paragraphs
(4)(A) and (5)(A), the effect of the transfers of the
provision of services, including the effect on the
number of meals served, under--
[(i) subpart 1 of part C; and
[(ii) subpart 2 of part C; and
[(D) in the case of transfers described in paragraph
(5)(A)--
[(i) in the case of transfers to part B,
information on the supportive services, or
services provided through senior centers, for
which the transfers were used; and
[(ii) the effect of the transfers on the
provision of services provided under--
[(I) part B; and
[(II) part C, including the effect on
the number of meals served.
[(c) The amounts of any State's allotment under subsection
(b) for any fiscal year which the Assistant Secretary
determines will not be required for that year for the purposes
described in subsection (a)(1) shall be available to provide
services under part B or part C, or both, in the State.
[payments
[Sec. 309. (a) Payments of grants or contracts under this
title may be made (after necessary adjustments resulting from
previously made overpayments or underpayments) in advance or by
way of reimbursement, and in such installments, as the
Assistant Secretary may determine. From a State's allotment for
a fiscal year which is available under section 308 the
Assistant Secretary may pay to a State which does not have a
State plan approved under section 307 such amounts as the
Assistant Secretary deems appropriate for the purpose of
assisting such State in developing a State plan.
[(b)(1) For each fiscal year, not less than 25 percent of
the non-Federal share of the total expenditures under the State
plan which is required by section 304(d) shall be met from
funds from State or local public sources.
[(2) Funds required to meet the non-Federal share required
by section 304(d)(1)(D), in amounts exceeding the non-Federal
share required prior to fiscal year 1981, shall be from State
sources.
[(c) A State's allotment under section 304 for a fiscal
year shall be reduced by the percentage (if any) by which its
expenditures for such year from State sources under its State
plan approved under section 307 are less than its average
annual expenditures from such sources for the period of 3
fiscal years preceding such year.
[disaster relief reimbursements
[Sec. 310. (a)(1) The Assistant Secretary may provide
reimbursements to any State, upon application for such
reimbursement, for funds such State makes available to area
agencies on aging in such State for the delivery of supportive
services (and related supplies) during any major disaster
declared by the President in accordance with the Robert T.
Stafford Relief and Emergency Assistance Act.
[(2) Total payments to all States under paragraph (1) in
any fiscal year shall not exceed 2 percent of the total amount
appropriated and available to carry out title IV.
[(3) If the Assistant Secretary decides, in the 5-day period
beginning on the date such disaster is declared by the
President, to provide an amount of reimbursement under
paragraph (1) to a State, then the Assistant Secretary shall
provide not less than 75 percent of such amount to such State
not later than 5 days after the date of such decision.
[(b)(1) At the beginning of each fiscal year the Assistant
Secretary shall set aside, for payment to States under
subsection (a), an amount equal to 2 percent of the total
amount appropriated and available to carry out title IV.
[(2) Amounts set aside under paragraph (1) which are not
obligated by the end of the third quarter of any fiscal year
shall be made available to carry out title IV.
[(c) Nothing in this section shall be construed to prohibit
expenditures by States for disaster relief for older
individuals in excess of amounts reimbursable under this
section, by using funds made available to them under other
sections of this Act or under other provisions of Federal or
State law, or from private sources.
[availability of surplus commodities
[Sec. 311. (a)(1) Agricultural commodities and products
purchased by the Secretary of Agriculture under section 32 of
the Act of August 24, 1935 (7 U.S.C. 612c), shall be donated to
a recipient of a grant or contract to be used for providing
nutrition services in accordance with the provisions of this
title.
[(2) The Commodities Credit Corporation shall dispose of
food commodities under section 416 of the Agricultural Act of
1949 (7 U.S.C. 1431) by donating them to a recipient of a grant
or contract to be used for providing nutrition services in
accordance with the provisions of this title.
[(3) Dairy products purchased by the Secretary of
Agriculture under section 709 of the Food and Agriculture Act
of 1965 (7 U.S.C. 1446a-1) shall be used to meet the
requirements of programs providing nutrition services in
accordance with the provisions of this title.
[(4)(A) Subject to the authorization of appropriations
specified in subsection (c), in donating commodities under this
subsection, the Secretary of Agriculture shall maintain--
[(i) for fiscal year 1992, a level of assistance
equal to the greater of--
[(I) a per meal rate equal to the amount
appropriated under subsection (c) for fiscal
year 1992, divided by the number of meals
served in the preceding fiscal year; or
[(II) 61 cents per meal; and
[(ii) for fiscal year 1993 and each subsequent fiscal
year, an annually programmed level of assistance equal
to the greater of--
[(I) a per meal rate equal to the amount
appropriated under subsection (c) for the
fiscal year, divided by the number of meals
served in the preceding fiscal year; or
[(II) 61 cents per meal, adjusted in
accordance with changes in the series for food
away from home, of the Consumer Price Index For
All Urban Consumers, published by the Bureau of
Labor Statistics of the Department of Labor,
based on the 12-month period ending on July 1
of the preceding year.
[(B) Among the commodities delivered under this subsection,
the Secretary shall give special emphasis to high protein
foods, meat, and meat alternates. The Secretary of Agriculture,
in consultation with the Assistant Secretary for Aging, is
authorized to prescribe the terms and conditions respecting the
donating of commodities under this subsection.
[(b)(1) Notwithstanding any other provision of law, a State
may, for purposes of the programs authorized by this Act, elect
to receive cash payments in lieu of donated foods for all or
any portion of its project. In any case in which a State makes
such an election, the Secretary of Agriculture shall make cash
payments to such State in an amount equivalent in value to the
donated foods which the State otherwise would have received if
such State had retained its commodity distribution.
[(2) When such payments are made, the State agency shall
promptly and equitably disburse any cash it receives in lieu of
commodities to recipients of grants or contracts. Such
disbursements shall only be used by such recipients of grants
or contracts to purchase United States agricultural commodities
and other foods for their nutrition projects.
[(3) Nothing in this subsection shall be construed to
authorize the Secretary of Agriculture to require any State to
elect to receive cash payments under this subsection.
[(c)(1)(A) There are authorized to be appropriated
$250,000,000 for fiscal year 1992, $310,000,000 for fiscal year
1993, $380,000,000 for fiscal year 1994, and $460,000,000 for
fiscal year 1995, to carry out the provisions of this section
(other than subsection (a)(1)).
[(B) Effective on the first day of the first month
beginning after the date of enactment of the Older Americans
Act Amendments of 1984, no State may receive reimbursement
under the provisions of this section unless the State submits
final reimbursement claims for meals within 90 days after the
last day of the quarter for which the reimbursement is claimed.
[(2)(A) Except as provided in subparagraph (B), in any
fiscal year in which compliance with subsection (a)(4) of this
section costs more than the amounts authorized under paragraph
(1) of this subsection for that fiscal year the Secretary of
Agriculture shall reduce the cents per meal level determined
pursuant to subsection (a)(4) for that fiscal year as necessary
to meet the authorization of appropriations for that fiscal
year.
[(B) In each fiscal year, the final reimbursement claims
shall be adjusted to use the full amount appropriated under
this subsection for the fiscal year.
[(d) In each fiscal year, the Secretary of Agriculture and
the Secretary of Health and Human Services shall jointly
disseminate to State agencies, area agencies on aging, and
providers of nutrition services assisted under this title,
information concerning--
[(1) the existence of any Federal commodity
processing program in which such State agencies, area
agencies on aging, and providers may be eligible to
participate; and
[(2) the procedures to be followed to participate in
the program.
[multipurpose senior centers: recapture of payments
[Sec. 312. If, within 10 years after acquisition, or within
20 years after the completion of construction, of any facility
for which funds have been paid under this title--
[(1) the owner of the facility ceases to be a public
or nonprofit private agency or organization; or
[(2) the facility ceases to be used for the purposes
for which it was acquired (unless the Assistant
Secretary determines, in accordance with regulations,
that there is good cause for releasing the applicant or
other owner from the obligation to do so);
the United States shall be entitled to recover from the
applicant or other owner of the facility an amount which bears
to the then value of the facility (or so much thereof as
constituted an approved project or projects) the same ratio as
the amount of such Federal funds bore to the cost of the
facility financed with the aid of such
funds. Such value shall be determined by agreement of the
parties or by action brought in the United States district
court for the district in which such facility is situated.
[audit
[Sec. 313. (a) The Assistant Secretary and the Comptroller
General of the United States or any of their duly authorized
representatives shall have access for the purpose of audit and
examination to any books, documents, papers, and records that
are pertinent to a grant or contract received under this title.
[(b) State agencies and area agencies on aging shall not
request information or data from providers which is not
pertinent to services furnished pursuant to this Act or a
payment made for such services.
[SEC. 314. RIGHTS RELATING TO IN-HOME SERVICES FOR FRAIL OLDER
INDIVIDUALS.
The Assistant Secretary shall require entities that provide
in-home services under this title to promote the rights of each
older individual who receives such services. Such rights
include the following:
[(1) The right--
[(A) to be fully informed in advance about
each in-home service provided by such entity
under this title and about any change in such
service that may affect the well-being of such
individual; and
[(B) to participate in planning and changing
an in-home service provided under this title by
such entity unless such individual is
judicially adjudged incompetent.
[(2) The right to voice a grievance with respect to
such service that is or fails to be so provided,
without discrimination or reprisal as a result of
voicing such grievance.
[(3) The right to confidentiality of records relating
to such individual.
[(4) The right to have the property of such
individual treated with respect.
[(5) The right to be fully informed (orally and in
writing), in advance of receiving an in-home service
under this title, of such individual's rights and
obligations under this title.
[Part B--Supportive Services and Senior Centers
[program authorized
[Sec. 321. (a) The Assistant Secretary shall carry out a
program for making grants to States under State plans approved
under section 307 for any of the following supportive services:
[(1) health (including mental health), education and
training, welfare, informational, recreational,
homemaker, counseling, or referral services;
[(2) transportation services to facilitate access to
supportive services or nutrition services, or both;
[(3) services designed to encourage and assist older
individuals to use the facilities and services
(including information and assistance services)
available to them, including language translation
services to assist older individuals with limited-
English speaking ability to obtain services under this
title;
[(4) services designed (A) to assist older
individuals to obtain adequate housing, including
residential repair and renovation projects designed to
enable older individuals to maintain their homes in
conformity with minimum housing standards; (B) to adapt
homes to meet the needs of older individuals who have
physical disabilities; (C) to prevent unlawful entry
into residences of older individuals, through the
installation of security devices and through structural
modifications or alterations of such residences; or (D)
to receive applications from older individuals for
housing under section 202 of the Housing Act of 1959
(12 U.S.C. 1701Q);
[(5) services designed to assist older individuals in
avoiding institutionalization and to assist individuals
in long-term care institutions who are able to return
to their communities, including client assessment
through case management and integration and
coordination of community services such as
preinstitution evaluation and screening and home health
services, homemaker services, shopping services, escort
services, reader services, and letter writing services,
through resource development and management to assist
such individuals to live independently in a home
environment;
[(6) services designed to provide to older
individuals legal assistance and other counseling
services and assistance, including--
[(A) tax counseling and assistance, financial
counseling, and counseling regarding
appropriate health and life insurance coverage;
[(B) representation--
[(i) of individuals who are wards (or
are allegedly incapacitated); and
[(ii) in guardianship proceedings of
older individuals who seek to become
guardians, if other adequate
representation is unavailable in the
proceedings; and
[(C) provision, to older individuals who
provide uncompensated care to their adult
children with disabilities, of counseling to
assist such older individuals with permanency
planning for such children;
[(7) services designed to enable older individuals to
attain and maintain physical and mental well-being
through programs of regular physical activity,
exercise, music therapy, art therapy, and dance-
movement therapy;
[(8) services designed to provide health screening to
detect or prevent illnesses, or both, that occur most
frequently in older individuals;
[(9) services designed to provide, for older
individuals, preretirement counseling and assistance in
planning for and assessing future post-retirement needs
with regard to public and private insurance, public
benefits, lifestyle changes, relocation, legal matters,
leisure time, and other appropriate matters;
[(10) services of an ombudsman at the State level to
receive, investigate, and act on complaints by older
individuals who are residents of long-term care
facilities and to advocate for the well-being of such
individuals;
[(11) services which are designed to meet the unique
needs of older individuals who are disabled, and of
older individuals who provide uncompensated care to
their adult children with disabilities;
[(12) services to encourage the employment of older
workers, including job and second career counseling
and, where appropriate, job development, referral, and
placement;
[(13) crime prevention services and victim assistance
programs for older individuals;
[(14) a program, to be known as ``Senior
Opportunities and Services'', designed to identify and
meet the needs of low-income older individuals in one
or more of the following areas: (A) development and
provision of new volunteer services; (B) effective
referral to existing health, employment, housing,
legal, consumer, transportation, and other services;
(C) stimulation and creation of additional services and
programs to remedy gaps and deficiencies in presently
existing services and programs; and (D) such other
services as the Assistant Secretary may determine are
necessary or especially appropriate to meet the needs
of low-income older individuals and to assure them
greater self-sufficiency;
[(15) services for the prevention of abuse of older
individuals in accordance with chapter 3 of subtitle A
of title VII and section 307(a)(16);
[(16) inservice training and State leadership for
legal assistance activities;
[(17) health and nutrition education services,
including information concerning prevention, diagnosis,
treatment, and rehabilitation of age-related diseases
and chronic disabling conditions;
[(18) services designed to enable mentally impaired
older individuals to attain and maintain emotional
well-being and independent living through a coordinated
system of support services;
[(19) services designed to support family members and
other persons providing voluntary care to older
individuals that need long-term care services;
[(20) services designed to provide information and
training for individuals who are or may become
guardians or representative payees of older
individuals, including information on the powers and
duties of guardians and representative payees and on
alternatives to guardianships;
[(21) services to encourage and facilitate regular
interaction between school-age children and older
individuals, including visits in long-term care
facilities, multipurpose senior centers, and other
settings; or
[(22) any other services;
if such services meet standards prescribed by the Assistant
Secretary and are necessary for the general welfare of older
individuals. For purposes of paragraph (5), the term ``client
assessment through case management'' includes providing
information relating to assistive technology.
[(b)(1) The Assistant Secretary shall carry out a program
for making grants to States under State plans approved under
section 307 for the acquisition, alteration, or renovation of
existing facilities, including mobile units, and, where
appropriate, construction of facilities to serve as
multipurpose senior centers.
[(2) Funds made available to a State under this part may be
used for the purpose of assisting in the operation of
multipurpose senior centers and meeting all or part of the
costs of compensating professional and technical personnel
required for the operation of multipurpose senior centers.
[Part C--Nutrition Service
[Subpart 1--Congregate Nutrition Services
[program authorized
[Sec. 331. The Assistant Secretary shall carry out a
program for making grants to States under State plans approved
under section 307 for the establishment and operation of
nutrition projects--
[(1) which, 5 or more days a week (except in a rural
area where such frequency is not feasible (as defined
by the Assistant Secretary by regulation) and a lesser
frequency is approved by the State agency), provide at
least one hot or other appropriate meal per day and any
additional meals which the recipient of a grant or
contract under this subpart may elect to provide;
[(2) which shall be provided in congregate settings;
and
[(3) which may include nutrition education services
and other appropriate nutrition services for older
individuals.
[Subpart 2--Home Delivered Nutrition Services
[program authorized
[Sec. 336. The Assistant Secretary shall carry out a
program for making grants to States under State plans approved
under section 307 for the establishment and operation of
nutrition projects for older individuals which, 5 or more days
a week (except in a rural area where such frequency is not
feasible (as defined by the Assistant Secretary by regulation)
and a lesser frequency is approved by the State agency),
provide at least one home delivered hot, cold, frozen, dried,
canned, or supplemental foods (with a satisfactory storage
life) meal per day and any additional meals which the recipient
of a grant or contract under this subpart may elect to provide.
[criteria
[Sec. 337. The Assistant Secretary, in consultation with
organizations of and for the aged, blind, and disabled, and
with representatives from the American Dietetic Association,
the Dietary Managers Association, the National Association of
Area Agencies on Aging, the National Association of Nutrition
and Aging Services Programs, the National Association of Meals
Programs, Incorporated, and any other appropriate group, shall
develop minimum criteria of efficiency and quality for the
furnishing of home delivered meal services for projects
described in section 336. The criteria required by this section
shall take into account the ability of established home
delivered meals programs to continue such services without
major alteration in the furnishing of such services.
[Subpart 3--School-Based Meals for Volunteer Older Individuals and
Multigenerational Programs
[SEC. 338. ESTABLISHMENT.
[(a) In General.--The Assistant Secretary shall establish and
carry out, under State plans approved under section 307, a
program for making grants to States to pay for the Federal
share of establishing and operating projects in public
elementary and secondary schools (including elementary and
secondary schools for Indian children operated with Federal
assistance, or operated by the Department of the Interior, and
referred to in section 1005(d)(2) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 2711(d)(2)) that--
[(1) provide hot meals, each of which ensures a
minimum of one-third of the daily recommended dietary
allowances as established by the Food and Nutrition
Board of the National Research Council of the National
Academy of Sciences, to volunteer older individuals--
[(A) while such schools are in session;
[(B) during the summer; and
[(C) unless waived by the State involved, on
the weekdays in the school year when such
schools are not in session;
[(2) provide multigenerational activities in which
volunteer older individuals and students interact;
[(3) provide social and recreational activities for
volunteer older individuals;
[(4) develop skill banks that maintain and make
available to school officials information on the skills
and preferred activities of volunteer older
individuals, for purposes of providing opportunities
for such individuals to serve as tutors, teacher aides,
living historians, special speakers, playground
supervisors, lunchroom assistants, and in other roles;
and
[(5) provide opportunities for volunteer older
individuals to participate in school activities (such
as classes, dramatic programs, and assemblies) and use
school facilities.
[(b) Federal Share.--The Federal share of the cost of
establishing and operating nutrition and multigenerational
activities projects under this subpart shall be 85 percent.
[SEC. 338A. APPLICATION AND SELECTION OF PROVIDERS.
[(a) Contents of Application.--To be eligible to carry out a
project under the program established under this subpart, an
entity shall submit an application to a State agency. Such
application shall include--
[(1) a plan describing the project proposed by the
applicant and comments on such plan from the
appropriate area agency on aging and the appropriate
local educational agency (as defined in section 14101
of the Elementary and Secondary Education Act of 1965);
[(2) an assurance that the entity shall pay not more
than 85 percent of the cost of carrying out such
project from funds awarded under this subpart;
[(3) an assurance that the entity shall pay not less
than 15 percent of such cost, in cash or in kind, from
non-Federal sources;
[(4) information demonstrating the need for such
project, including a description of--
[(A) the nutrition services and other
services currently provided under this part in
the geographic area to be served by such
project; and
[(B) the manner in which the project will be
coordinated with such services; and
[(5) such other information and assurances as the
Assistant Secretary may require by regulation.
[(b) Selection Among Applicants.--In selecting grant
recipients from among entities that submit applications under
subsection (a) for a fiscal year, the State agency shall--
[(1) give first priority to entities that carried out
a project under this subpart in the preceding fiscal
year;
[(2) give second priority to entities that carried
out a nutrition project under subpart 1 or title VI in
the preceding fiscal year; and
[(3) give third priority to entities whose
applications include a plan that involves a school with
greatest need (as measured by the dropout rate, the
level of substance abuse, and the number of children
who have limited-English proficiency or who participate
in programs under section 1114 of the Elementary and
Secondary Education Act of 1965).
[SEC. 338B. REPORTS.
[(a) Reports by States.--Not later than 60 days after the end
of a fiscal year for which a State receives a grant under this
subpart, such State shall submit to the Assistant Secretary a
report evaluating the projects carried out under this subpart
by such State in such fiscal year. Such report shall include
for each project--
[(1) a description of--
[(A) persons served;
[(B) multigenerational activities carried
out; and
[(C) additional needs of volunteer older
individuals and students; and
[(2) recommendations for any appropriate
modifications to satisfy the needs described in
paragraph (1)(C).
[(b) Reports by Assistant Secretary.--Not later than 120 days
after the end of a fiscal year for which funds are appropriated
to carry out this subpart, the Assistant Secretary shall submit
to the Speaker of the House of Representatives and the
President pro tempore of the Senate a report summarizing, with
respect to each State, the reports submitted under subsection
(a) for such fiscal year.
[Subpart 4--General Provisions
[SEC. 339. COMPLIANCE WITH DIETARY GUIDELINES.
A State that establishes and operates a nutrition project
under this part shall ensure that the meals provided through
the project--
[(1) comply with the Dietary Guidelines for
Americans, published by the Secretary and the Secretary
of Agriculture; and
[(2) provide to each participating older individual--
[(A) a minimum of 33\1/3\ percent of the
daily recommended dietary allowances as
established by the Food and Nutrition Board of
the National Research Council of the National
Academy of Sciences, if the project provides 1
meal per day;
[(B) a minimum of 66\2/3\ percent of the
allowances if the project provides 2 meals per
day; and
[(C) 100 percent of the allowances if the
project provides 3 meals per day.
[SEC. 339A. PAYMENT REQUIREMENT.
Payments made by a State agency or an area agency on aging
for nutrition services (including meals) provided under part A,
B, or C may not be reduced to reflect any increase in the level
of assistance provided under section 311.
[Part D--In-Home Services for Frail Older Individuals
[program authorized
[Sec. 341. (a) The Assistant Secretary shall carry out a
program for making grants to States under State plans approved
under section 307 to provide in-home services to frail older
individuals, including in-home supportive services for older
individuals who are victims of Alzheimer's disease and related
disorders with neurological and organic brain dysfunction, and
to the families of such victims.
[(b) In carrying out the provisions of this part, each area
agency on aging shall coordinate with other community agencies
and voluntary organizations providing counseling and training
for family caretakers and support service personnel in
management of care, functional and needs assessment services,
assistance with locating, arranging for, and coordinating
services, case management, and counseling prior to admission to
nursing home to prevent premature institutionalization.
[definition of in-home services
[Sec. 342. For purposes of this part, the term ``in-home
services'' includes--
[(1) homemaker and home health aides;
[(2) visiting and telephone reassurance;
[(3) chore maintenance;
[(4) in-home respite care for families, and adult day
care as a respite service for families;
[(5) minor modification of homes that is necessary to
facilitate the ability of older individuals to remain
at home and that is not available under other programs,
except that not more than $150 per client may be
expended under this part for such modification;
[(6) personal care services; and
[(7) other in-home services as defined--
[(A) by the State agency in the State plan
submitted in accordance with section 307; and
[(B) by the area agency on aging in the area
plan submitted in accordance with section 306.
[state criteria
[Sec. 343. The State agency shall develop eligibility
criteria for providing in-home services to frail older
individuals which shall take into account--
[(1) age;
[(2) greatest economic need;
[(3) noneconomic factors contributing to the frail
condition; and
[(4) noneconomic and nonhealth factors contributing
to the need for such services.
[maintenance of effort
[Sec. 344. Funds made available under this part shall be in
addition to, and may not be used to supplant, any funds that
are or would otherwise be expended under any Federal, State, or
local law by a State or unit of general purpose local
government (including area agencies on aging which have in
their planning and services areas existing services which
primarily serve older individuals who are victims of
Alzheimer's disease and related disorders with neurological and
organic brain dysfunction, and the families of such victims).
[Part E--Additional Assistance for Special Needs of Older Individuals
[program authorized
[Sec. 351. The Assistant Secretary shall carry out a program
for making grants to States under State plans approved under
section 307 to provide services, consistent with the purpose of
this title, designed to satisfy special needs of older
individuals. Such services include--
[(1) transportation associated with services provided
under this title;
[(2) outreach regarding such services;
[(3) targeting such services to older individuals
with greatest economic need or greatest social need;
[(4) services under the ombudsman program established
under titles III and VII in accordance with section
712; and
[(5) any other service under this title--
[(A) for which the State demonstrates to
satisfaction of the Assistant Secretary that
there is unmet need; and
[(B) which is appropriate to improve the
quality of life of older individuals,
particularly those with greatest economic need
and those with greatest social need.
[Part F--Disease Prevention and Health Promotion Services
[program authorized
[Sec. 361. (a) The Assistant Secretary shall carry out a
program for making grants to States under State plans approved
under section 307 to provide disease prevention and health
promotion services and information at multipurpose senior
centers, at congregate meal sites, through home delivered meals
programs, or at other appropriate sites. In carrying out such
program, the Assistant Secretary shall consult with the
Directors of the Centers for Disease Control and Prevention and
the National Institute on Aging.
[(b) The Assistant Secretary shall, to the extent possible,
assure that services provided by other community organizations
and agencies are used to carry out the provisions of this part.
[distribution to area agencies on aging
[Sec. 362. The State agency shall give priority, in carrying
out this part, to areas of the State--
[(1) which are medically underserved; and
[(2) in which there are a large number of older
individuals who have the greatest economic need for
such services.
[SEC. 363. DEFINITION.
As used in this part, the term ``disease prevention and
health promotion services'' means--
[(1) health risk assessments;
[(2) routine health screening, which may include
hypertension, glaucoma, cholesterol, cancer, vision,
hearing, diabetes, and nutrition screening;
[(3) nutritional counseling and educational services
for individuals and their primary caregivers;
[(4) health promotion programs, including programs
relating to chronic disabling conditions (including
osteoporosis and cardiovascular disease) prevention and
reduction of effects, alcohol and substance abuse
reduction, smoking cessation, weight loss and control,
and stress management;
[(5) programs regarding physical fitness, group
exercise, and music, art, and dance-movement therapy,
including programs for multigenerational participation
that are provided by--
[(A) an institution of higher education;
[(B) a local educational agency, as defined
in section 14101 of the Elementary and
Secondary Education Act of 1965; or
[(C) a community-based organization;
[(6) home injury control services, including
screening of high-risk home environments and provision
of educational programs on injury prevention (including
fall and fracture prevention) in the home environment;
[(7) screening for the prevention of depression,
coordination of community mental health services,
provision of educational activities, and referral to
psychiatric and psychological services;
[(8) educational programs on the availability,
benefits, and appropriate use of preventive health
services covered under title XVIII of the Social
Security Act (42 U.S.C. 1395 et seq.);
[(9) medication management screening and education to
prevent incorrect medication and adverse drug
reactions;
[(10) information concerning diagnosis, prevention,
treatment, and rehabilitation of age-related diseases
and chronic disabling conditions, including
osteoporosis, cardiovascular diseases, and Alzheimer's
disease and related disorders with neurological and
organic brain dysfunction;
[(11) gerontological counseling; and
[(12) counseling regarding social services and
followup health services based on any of the services
described in paragraphs (1) through (11).
The term shall not include services for which payment may be
made under title XVIII of the Social Security Act (42 U.S.C.
1395 et seq.).
[Part G--Supportive Activities for Caretakers Who Provide In-Home
Services to Frail Older Individuals
[SEC. 381. PROGRAM AUTHORIZED.
The Assistant Secretary shall carry out a program for making
grants to States under State plans approved under section 307
to carry out a program to provide supportive activities for
caretakers who provide in-home services to frail older
individuals (including older individuals who are victims of
Alzheimer's disease or related disorders with neurological and
organic brain dysfunction). Such supportive activities may
include--
[(1) providing training and counseling for such
caretakers;
[(2) technical assistance to such caretakers to
assist them to form or to participate in support
groups;
[(3) providing information--
[(A) to frail older individuals and their
families regarding how to obtain in-home
services and respite services; and
[(B) to caretakers who provide such services,
regarding--
[(i) how to provide such services;
and
[(ii) sources of nonfinancial support
available to them as a result of their
providing such services; and
[(4) maintaining lists of individuals who provide
respite services for the families of frail older
individuals.
[SEC. 382. DEFINITIONS.
For purposes of this part, the term ``in-home services'' has
the meaning given such term in section 342.
[SEC. 383. MAINTENANCE OF EFFORT.
Section 344 shall apply with respect to funds made available
under this part, in the same manner as such section applies to
funds made available under part D.
[TITLE IV--TRAINING, RESEARCH, AND DISCRETIONARY PROJECTS AND PROGRAMS
[statement of purpose
[Sec. 401. It is the purpose of this title to expand the
Nation's knowledge and understanding of aging and the aging
process, to design and test innovative ideas in programs and
services for older individuals, and publicly disseminate the
results of the tests, to replicate such programs and services
under this Act, and to help meet the needs for trained
personnel in the field of aging through--
[(1) placing a priority on the education and training
of personnel to work with and on behalf of older
individuals, with special emphasis on minority
individuals, low-income individuals, frail individuals,
and individuals with disabilities;
[(2) research and development of effective practices
in the field of aging;
[(3) demonstration projects directly related to the
field of aging; and
[(4) dissemination of information on aging and the
aging process acquired through such programs to public
and private organizations or programs for older
individuals.
[administration
[Sec. 402. (a) In order to carry out the provisions of this
title effectively, the Assistant Secretary shall administer
this title through the Administration.
[(b) In carrying out the provisions of this title, the
Assistant Secretary may request the technical assistance and
cooperation of the Department of Education, the National
Institutes of Health, the Department of Veterans Affairs, the
Substance Abuse and Mental Health Services Administration, and
such other agencies and departments of the Federal Government
as may be appropriate.
[(c) The Assistant Secretary shall ensure that grants and
contracts under this title are equitably awarded to agencies,
organizations, and institutions representing minorities.
[(d) The Assistant Secretary shall, in developing priorities,
consistent with the requirements of this title, for awarding
grants and entering into contracts under this title, consult
annually with State agencies, area agencies on aging,
recipients of grants under title VI, institutions of higher
education, organizations representing beneficiaries of services
under this Act, and other organizations, and individuals, with
expertise in aging issues.
[(e) The Assistant Secretary shall ensure that grants and
contracts awarded under this title--
[(1) are evaluated for their benefit to older
individuals, and to programs under this Act; and
[(2) comply with the requirements under this Act.
[Part A--Education and Training
[purpose
[Sec. 410. The purpose of this part is to improve the quality
of service and to help meet critical shortages of adequately
trained personnel for programs in the field of aging by--
[(1) identifying both short- and long-range manpower
needs in the field of aging;
[(2) providing a broad range of educational and
training opportunities to meet those needs;
[(3) attracting a greater number of qualified
personnel, with particular emphasis on attracting
minority individuals, into the field of aging;
[(4) helping to upgrade personnel training programs
to make them more responsive to the need in the field
of aging; and
[(5) establishing and supporting multidisciplinary
centers of gerontology (including centers of
gerontology to improve, enhance, and expand minority
personnel and training programs) and providing special
emphasis that will improve, enhance, and expand
existing training programs.
[grants and contracts
[Sec. 411. (a) The Assistant Secretary shall make grants and
enter into contracts to achieve the purpose of this part. The
purposes for which such grants and contracts shall be made
include the following:
[(1) To provide comprehensive and coordinated
nondegree education, training programs, and curricula
at institutions of higher education and at other
research, training, or educational organizations, for
practitioners in the fields of nutrition, health
(including mental health) care, gerontology, supportive
services, housing, and long-term care, including the
expansion and enhancement of existing inservice
education and training programs.
[(2) To provide inservice training opportunities to
the personnel of State offices, area agencies on aging,
senior centers, and nutrition and counseling programs
to strengthen their capacity to remain responsive to
the needs of older individuals, with special emphasis
on using culturally sensitive practices.
[(3) To provide courses on aging and the
dissemination of information about aging to the public
through institutions of higher education and other
public and nonprofit private organizations and
agencies.
[(4) To provide in-service training opportunities and
courses of instruction on aging to Indian tribes
through public and nonprofit Indian aging
organizations.
[(5) To provide annually a national meeting to train
directors of programs under title VI.
[(b) To achieve the purpose of this title, the Administration
shall conduct both--
[(1) long-term educational activities to prepare
personnel for careers in the field of aging; and
[(2) short-term inservice training and continuing
education activities for State agency and area agency
on aging personnel, and other personnel, in the field
of aging or preparing to enter the field of aging.
[(c) In making grants and contracts under this part, the
Assistant Secretary shall give special consideration to the
recruitment and training of personnel, volunteers, and those
individuals preparing for employment in that part of the field
of aging which relates to providing services to individuals
with disabilities and to individuals with Alzheimer's disease
and related disorders with neurological and organic brain
dysfunction and providing family respite services with respect
to such individuals.
[(d) In making grants or contracts under this part, the
Assistant Secretary shall ensure that all projects and
activities related to personnel training shall include specific
data on the number of individuals to be trained and the number
of older individuals to be served through such training
activities by public and nonprofit agencies, State and area
agencies on aging, institutions of higher education, and other
organizations.
[(e) From amounts appropriated under section 431(b), the
Assistant Secretary shall make grants and enter into contracts
under this part to establish and carry out a program under
which service providers (including family physicians, clergy,
and other professionals) will receive training--
[(1) comprised of--
[(A) intensive training regarding normal
aging, recognition of problems of older
individuals, and communication with providers
of mental health services; and
[(B) advanced clinical training regarding
means of assessing and treating the problems of
older individuals;
[(2) provided by--
[(A) faculty and graduate students in
programs of human development and family
studies at an institution of higher education;
[(B) mental health professionals; and
[(C) nationally recognized consultants with
expertise regarding the mental health problems
of individuals residing in rural areas; and
[(3) held in public hospitals throughout each State
in which the program is carried out.
[multidisciplinary centers of gerontology
[Sec. 412. (a) The Assistant Secretary may make grants to
public and private nonprofit agencies, organizations, and
institutions for the purpose of establishing or supporting
multidisciplinary centers of gerontology, and gerontology
centers of special emphasis (including emphasis on nutrition,
employment, health (including mental health), disabilities
(including severe disabilities), income maintenance, counseling
services, supportive services and minority populations). Such
centers shall conduct research and policy analysis and function
as a technical resource for the Assistant Secretary,
policymakers, service providers, and the Congress.
Multidisciplinary centers of gerontology shall--
[(1) recruit and train personnel;
[(2) conduct basic and applied research toward the
development of information related to aging;
[(3) stimulate the incorporation of information on
aging into the teaching of biological, behavioral, and
social sciences at colleges and universities;
[(4) help to develop training programs in the field
of aging at schools of public health, education, social
work, and psychology, and other appropriate schools
within colleges and universities;
[(5) serve as a repository of information and
knowledge on aging;
[(6) provide consultation and information to public
and voluntary organizations, including State agencies
and area agencies on aging, which serve the needs of
older individuals in planning and developing services
provided under other provisions of this Act; and
[(7) if appropriate, provide information relating to
assistive technology.
[(b) Centers supported under this section shall provide data
to the Assistant Secretary on the projects and activities for
which funds are provided under this title. Such data shall
include the number of personnel trained, the number of older
individuals served, the number of schools assisted, and other
information that will facilitate achieving the objectives of
this Act.
[Part B--Research, Demonstrations, and Other Activities
[purpose
[Sec. 420. The purpose of this part is to improve the quality
and efficiency of programs serving older individuals through
research and development projects, and demonstration projects,
designed to--
[(1) develop and synthesize knowledge about aging
from multidisciplinary perspectives;
[(2) establish an information base of data and
practical experience;
[(3) examine effective models of planning and
practice that will improve or enhance services provided
under other provisions of this Act;
[(4) evaluate the efficacy, quality, efficiency, and
accessibility of programs and services for older
individuals; and
[(5) develop, implement, and evaluate innovative
planning and practice strategies to address the needs,
concerns, and capabilities of older individuals.
[research and development projects
[Sec. 421. (a) The Assistant Secretary may make grants to any
public or nonprofit private agency, organization, or
institution, and may enter into contracts with any agency,
organization, institution, or individual to support research
and development related to the objectives of this Act,
evaluation of the results of such research and development
activities, and collection and dissemination of information
concerning research findings, demonstration results, and other
materials developed in connection with activities assisted
under this title, and conducting of conferences and other
meetings for purposes of exchange of information and other
activities related to the purpose of this title. Appropriate
provisions for the dissemination of resulting information shall
be a requirement for all grants made under this section.
[(b) Each research and development activity proposal for
which funds are requested under subsection (a) shall include a
concise policy or practical application statement.
[(c)(1) The Assistant Secretary shall select, to the extent
practicable, for assistance under subsection (a) research
activities which will, not later than three years after the
date of the enactment of the Older Americans Act Amendments of
1984, collectively--
[(A) contribute to the establishment and maintenance
of a demographic data base which contains information
on the population of older individuals generally and
older individuals categorized by age, sex, race,
geographical location, and such other factors as the
Assistant Secretary deems useful for the purpose of
formulating public policy;
[(B) identify the future needs of older individuals;
[(C) identify the kinds and comprehensiveness of
programs required to satisfy such needs; and
[(D) identify the kinds and number of personnel
required to carry out such programs.
[(2) The Assistant Secretary shall select, to the extent
practicable, for assistance under subsection (a) demonstration
projects which test research results and implement innovative
ways of satisfying the needs of, and delivering services to,
older individuals.
[demonstration projects
[Sec. 422. (a)(1) The Assistant Secretary may, after
consultation with the State agency in the State involved, make
grants to any public agency or nonprofit private organization
or enter into contracts with any agency or organization within
such State for paying part or all of the cost of developing or
operating nationwide, statewide, regional, metropolitan area,
county, city, or community model projects which will
demonstrate methods to improve or expand supportive services or
nutrition services or otherwise promote the well-being of older
individuals. The Assistant Secretary shall give special
consideration to the funding of rural area agencies on aging to
conduct model projects devoted to the special needs of older
individuals residing in rural areas. Such projects shall
include alternative health care delivery systems, advocacy and
outreach programs, and transportation services.
[(2) The Assistant Secretary may, after consultation with the
State agency in the State involved, make grants to or enter
into contracts with public or private institutions of higher
education having graduate programs with capability in public
health, the medical sciences, psychology, pharmacology,
nursing, social work, health education, nutrition, or
gerontology, for the purpose of designing and developing
prototype health education and promotion programs for the use
of State and area agencies on aging in implementing disease
prevention and health promotion programs (including coordinated
multidisciplinary research projects on the aging process).
[(b) In making grants and contracts under subsection (a)(1),
the Assistant Secretary shall give special consideration to
projects designed to--
[(1) meet the supportive services needs of older
individuals who are victims of Alzheimer's disease and
related disorders with neurological and organic brain
dysfunction and their families, including--
[(A) home health care for such victims;
[(B) adult day health care for such victims;
and
[(C) homemaker aides, transportation, and in-
home respite care for the families,
particularly spouses, of such victims;
[(2) meet the special health care needs of older
individuals, including--
[(A) the location of older individuals who
are in need of mental health services;
[(B) the provision of, or arrangement for the
provision of, medical differential diagnoses of
older individuals to distinguish between their
need for mental health services and other
medical care;
[(C) the specification of the mental health
needs of older individuals, and the mental
health and support services required to meet
such needs;
[(D) the provision of--
[(i) the mental health and support
services specified in subclause (C) in
the communities; or
[(ii) such services for older
individuals in nursing homes and
intermediate care facilities, and
training of the employees of such homes
and facilities in the provision of such
services; and
[(E) the identification and provision of
services to older individuals with severe
disabilities;
[(3) assist in meeting the special housing needs of
older individuals by--
[(A) providing financial assistance to such
individuals, who own their own homes, necessary
to enable them (i) to make the repairs or
renovations to their homes, which are necessary
for them to meet minimum standards, and (ii) to
install security devices, and to make
structural modifications or alterations,
designed to prevent unlawful entry; and
[(B) studying and demonstrating methods of
adapting existing housing, or construction of
new housing, to meet the needs of older
individuals suffering from physical
disabilities;
[(4) provide education and training to older
individuals designed to enable them to lead more
productive lives by broadening the education,
occupational, cultural, or social awareness of such
older individuals;
[(5) provide preretirement education information and
relevant services (including the training of personnel
to carry out such programs and the conduct of research
with respect to the development and operation of such
programs) to individuals planning retirement;
[(6) meet the special needs of, and improve the
delivery of services to, older individuals who are not
receiving adequate services under other provisions of
this Act, with emphasis on the needs of low-income,
minority, Indian, and limited English-speaking
individuals and older individuals residing in rural
areas;
[(7) develop or improve methods of coordinating all
available supportive services for the homebound
elderly, blind, and disabled by establishing
demonstration projects in ten States, in accordance
with subsection (c);
[(8) improve transportation systems for older
individuals residing in rural areas;
[(9) provide expanded, innovative volunteer
opportunities to older individuals which are designed
to fulfill unmet community needs, while at the same
time avoiding duplication of existing volunteer
programs, which may include projects furnishing
multigenerational services by older individuals
addressing the needs of children, such as--
[(A) tutorial services in elementary and
special schools;
[(B) after school programs for latchkey
children; and
[(C) voluntary services for child care and
youth day care programs;
[(10) meet the service needs of older individuals who
provide uncompensated care to their adult children with
disabilities, for supportive services relating to such
care, including--
[(A) respite services; and
[(B) legal advice, information, and referral
services to assist such older individuals with
permanency planning for such children;
[(11) advance the understanding of the efficacy and
benefits of providing music therapy, art therapy, or
dance-movement therapy to older individuals through--
[(A) projects that--
[(i) study and demonstrate the
provision of music therapy, art
therapy, or dance-movement therapy to
older individuals who are
institutionalized or at risk of being
institutionalized; and
[(ii) provide music therapy, art
therapy, or dance-movement therapy--
[(I) in nursing homes,
hospitals, rehabilitation
centers, hospices, or senior
centers;
[(II) through disease
prevention and health promotion
services programs established
under part F of title III;
[(III) through in-home
services programs established
under part D of title III;
[(IV) through
multigenerational activities
described in section
307(a)(41)(B) or subpart 3 of
part C of title III;
[(V) through supportive
services described in section
321(a)(21); or
[(VI) through disease
prevention and health promotion
services described in section
363(5); and
[(B) education, training, and information
dissemination projects, including--
[(i) projects for the provision of
gerontological training to music
therapists, and education and training
of individuals in the aging network
regarding the efficacy and benefits of
music therapy for older individuals;
and
[(ii) projects for disseminating to
the aging network and to music
therapists background materials on
music therapy, best practice manuals,
and other information on providing
music therapy to older individuals; and
[(12)(A) establish, in accordance with subparagraph
(B), nationwide, statewide, regional, metropolitan
area, county, city, or community model volunteer
service credit projects to demonstrate methods to
improve or expand supportive services or nutrition
services, or otherwise promote the wellbeing of older
individuals;
[(B) for purposes of paying part or all of the cost
of developing or operating the projects, in the fiscal
year, make not fewer than three and not more than five
grants to, or contracts with, public agencies or
nonprofit private organizations in such State; and
[(C) ensure that the projects will be operated in
consultation with the Corporation for National and
Community Service and will permit older individuals who
are volunteers to earn, for services furnished, credits
that may be redeemed later for similar volunteer
services.
[(c) The Assistant Secretary shall consult with the Assistant
Secretary of the Rehabilitation Services Administration, the
Assistant Secretary of the Social Security Administration, and
the Surgeon General of the Public Health Service, to develop
procedures for--
[(1) identifying elderly, blind, and disabled
individuals who need supportive services;
[(2) compiling a list in each community of all
services available to the elderly, blind, and disabled;
and
[(3) establishing an information and assistance
service within the appropriate community agency to--
[(A) inform those in need of the availability
of such services; and
[(B) coordinate the delivery of such services
to the elderly, blind, and disabled.
The Assistant Secretary shall establish procedures for
administering demonstration projects under subsection (b)(6)
not later than 6 months after the effective date of this
subsection. The Assistant Secretary shall report to the
Congress with respect to the results and findings of the
demonstration projects conducted under this section at the
completion of the projects.
[(d)(1) Whenever appropriate, grants made and contracts
entered into under this section shall be developed in
consultation with an appropriate gerontology center.
[(2)(A) Grants made and contracts entered into under this
section shall include provisions for the appropriate
dissemination of project results.
[(B) An agency or organization that receives a grant or
enters into a contract to carry out a project described in
subparagraph (A) or (B)(i) of subsection (b)(11) shall submit
to the Assistant Secretary a report containing--
[(i) the results, and findings based on the results,
of such project; and
[(ii) the recommendations of the agency or
organization, if the agency or organization provided
music therapy, regarding means by which music therapy
could be made available, in an efficient and effective
manner, to older individuals who would benefit from the
therapy.
[SEC. 423. SPECIAL PROJECTS IN COMPREHENSIVE LONG-TERM CARE.
[(a) Definitions.--As used in this section:
[(1) Project.--The term ``Project'' means a Project
to Improve the Delivery of Long-Term Care Services.
[(2) Resource center.--The term ``Resource Center''
means a Resource Center for Long-Term Care.
[(b) Resource Centers.--
[(1) Grants and contracts.--The Assistant Secretary
shall award grants to, or enter into contracts with,
eligible entities to support the establishment or
operation of not fewer than four and not more than
seven Resource Centers in accordance with paragraph
(2).
[(2) Requirements.--
[(A) Functions.--Each Resource Center that
receives funds under this subsection shall,
with respect to subjects within an area of
specialty of the Resource Center--
[(i) perform research;
[(ii) provide for the dissemination
of results of the research; and
[(iii) provide technical assistance
and training to State agencies and area
agencies on aging.
[(B) Area of speciality.--For purposes of
subparagraph (A) the term ``area of
speciality'' means--
[(i) Alzheimer's disease and related
dementias, and other cognitive
impairments;
[(ii) client assessment and case
management;
[(iii) data collection and analysis;
[(iv) home modification and
supportive services to enable older
individuals to remain in their homes;
[(v) consolidation and coordination
of services;
[(vi) linkages between acute care,
rehabilitative services, and long-term
care, facilities and providers;
[(vii) decisionmaking and bioethics;
[(viii) supply, training, and quality
of long-term care personnel, including
those who provide rehabilitative
services;
[(ix) rural issues, including
barriers to access to services;
[(x) chronic mental illness;
[(xi) populations with greatest
social need and populations with
greatest economic need, with particular
attention to low-income minorities; and
[(xii) an area of importance as
determined by the Assistant Secretary.
[(c) Projects.--The Assistant Secretary shall award grants
to, or enter into contracts with, eligible entities to support
the entities in establishing and carrying out not fewer than 10
Projects.
[(d) Use of Funds.--
[(1) In general.--Except as provided in paragraph
(2), an eligible entity may use funds received under a
grant or contract--
[(A) described in subsection (b)(1) to pay
for part or all of the cost (including startup
cost) of establishing and operating a new
Resource Center, or of operating a Resource
Center in existence on the day before the date
of the enactment of the Older Americans Act
Amendments of 1992; or
[(B) described in subsection (c) to pay for
part or all of the cost (including startup
cost) of establishing and carrying out a
Project.
[(2) Reimbursable direct services.--None of the funds
may be used to pay for direct services that are
eligible for reimbursement under title XVIII, XIX, or
XX of the Social Security Act (42 U.S.C. 1395 et seq.,
1396 et seq., or 1397 et seq.).
[(e) Preference.--In awarding grants, and entering into
contracts, under this section, the Assistant Secretary shall
give preference to entities that demonstrate that--
[(1) adequate State standards have been developed to
ensure the quality of services provided under the grant
or contract; and
[(2) the entity has made a commitment to carry out
programs under the grant or contract with each State
agency responsible for the administration of title XIX
or XX of the Social Security Act.
[(f) Application.--
[(1) In general.--To be eligible to receive funds
under a grant or contract described in subsection
(b)(1) or (c), an entity shall submit an application to
the Assistant Secretary at such time, in such manner,
and containing such information as the Assistant
Secretary may require.
[(2) Project application.--An entity seeking a grant
or contract under subsection (c) shall submit an
application to the Assistant Secretary containing, at a
minimum--
[(A) information identifying and describing
gaps, weaknesses, or other problems in the
delivery of long-term care services in the
State or geographic area to be served by the
entity, including--
[(i) duplication of functions in the
delivery of such services, including
duplication at the State and local
level;
[(ii) fragmentation of systems,
especially in coordinating services to
populations of older individuals and
other populations;
[(iii) barriers to access for
populations with greatest social need
and populations with greatest economic
need, including minorities and
residents of rural areas;
[(iv) lack of financing for such
services;
[(v) lack of availability of
adequately trained personnel to provide
such services; and
[(vi) lack of a range of chronic care
services (including rehabilitative
strategies) that promote restoration,
maintenance, or improvement of function
in older individuals;
[(B) a plan to address the gaps, weaknesses,
and problems described in clauses (i) through
(v); and
[(C) information describing the extent to
which the entity will coordinate with area
agencies on aging and service providers in
carrying out the proposed Project.
[(g) Eligible Entities.--
[(1) Resource centers.--Entities eligible to receive
grants, or enter into contracts, under subsection
(b)(1) shall be--
[(A) institutions of higher education; and
[(B) other public agencies and nonprofit
private organizations.
[(2) Projects.--Entities eligible to receive grants,
or enter into contracts, under subsection (c) include--
[(A) State agencies; and
[(B) in consultation with State agencies--
[(i) area agencies on aging;
[(ii) institutions of higher
education; and
[(iii) other public agencies and
nonprofit private organizations.
[(h) Report.--The Assistant Secretary shall include in the
annual report to the Congress required by section 207, a report
on the grants awarded, and contracts entered into, under this
section, including--
[(1) an analysis of the relative effectiveness, and
recommendations for any changes, of the projects of
Resource Centers funded under subsection (b)(1) in the
fiscal year for which the Assistant Secretary is
preparing the annual report; and
[(2) an evaluation of the needs identified, the
agencies utilized, and the effectiveness of the
approaches used by projects funded under subsection
(c).
[(i) Availability of Funds.--The Assistant Secretary shall
make available for carrying out subsection (b) for each fiscal
year not less than the amount made available in fiscal year
1991 for making grants and entering into contracts to establish
and operate Resource Centers under section 423 as in effect on
the day before the date of the enactment of the Older Americans
Act Amendments of 1992.
[special demonstration and support projects for legal assistance for
older individuals
[Sec. 424. (a) The Assistant Secretary shall make grants and
enter into contracts, in order to--
[(1) provide a national legal assistance support
system (operated by one or more grantees or
contractors) of activities to State and area agencies
on aging for providing, developing, or supporting legal
assistance for older individuals, including--
[(A) case consultations;
[(B) training;
[(C) provision of substantive legal advice
and assistance; and
[(D) assistance in the design,
implementation, and administration of legal
assistance delivery systems to local providers
of legal assistance for older individuals; and
[(2) support demonstration projects to expand or
improve the delivery of legal assistance to older
individuals with social or economic needs.
[(b) Any grants or contracts made under subsection (a)(2)
shall contain assurances that the requirements of section
307(a)(15) are met.
[(c) To carry out subsection (a)(1), the Assistant Secretary
shall make grants to or enter into contracts with national
nonprofit legal assistance organizations experienced in
providing support, on a nationwide basis, to local legal
assistance providers.
[national impact activities
[Sec. 425. (a)(1) The Assistant Secretary may carry out
directly or through grants or contracts--
[(A) innovation and development projects and
activities of national significance which show promise
of having substantial impact on the expansion or
improvement of supportive services, nutrition services,
or multipurpose senior centers, or otherwise promoting
the well-being of older individuals; and
[(B) dissemination of information activities related
to such programs.
[(2) The Assistant Secretary shall carry out, directly or
through grants or contracts, special training programs and
technical assistance designed to improve services to
minorities.
[(b) An amount not to exceed 15 percent of any sums
appropriated under section 431 may be used for carrying out
this section.
[utility and home heating cost demonstration projects
[Sec. 426. The Secretary may, after consultation with the
appropriate State agency, make grants to pay for part or all of
the costs of developing model projects which show promise of
relieving older individuals of the excessive burdens of high
utility service and home heating costs. Any such project shall
give special consideration to projects under which a business
concern is engaged in providing home heating oil or utility
services to low-income older individuals at a cost which is
substantially lower than providing home heating oil or utility
services to other individuals.
[ombudsman and advocacy demonstration projects
[Sec. 427. [(a) The Assistant Secretary is authorized to make
grants to not less than three nor more than ten States to
demonstrate and evaluate cooperative projects between the State
long-term care ombudsman program, legal assistance agencies,
and the State protection and advocacy systems for developmental
disabilities and mental illness, established under part A of
the Developmental Disabilities Assistance and Bill of Rights
Act (42 U.S.C. 6001 et seq.) and under the Protection and
Advocacy for Mentally Ill Individuals Act of 1986 (Public Law
99-319).
[(b) The Assistant Secretary shall prepare and submit to the
Congress a report of the study and evaluation required by
subsection (a). Such report shall contain such recommendations
as the Assistant Secretary deems appropriate.
[consumer protection demonstration projects for services provided in
the home
[Sec. 428. (a)(1) The Assistant Secretary is authorized to
make grants to not fewer than 6 nor more than 10 States to
demonstrate and evaluate the effectiveness of consumer
protection projects for services (other than medical services)
provided to older individuals in the home that are furnished or
assisted with public funds.
[(2) Grants made under this section shall be used to test
different approaches to protecting older individuals with
regard to services in the home. Such projects may provide
consumer protection through State and local ombudsmen, legal
assistance agencies, and other community service agencies.
[(b) No grant may be made under this section unless an
application is made to the Assistant Secretary at such time, in
such manner, and containing such information as the Assistant
Secretary may reasonably require. Each such application shall--
[(1) describe activities for which assistance is
sought;
[(2) provide for an evaluation of the activities for
which assistance is sought; and
[(3) provide assurances that the applicant will
prepare and submit a report to the Assistant Secretary
on the activities conducted with assistance under this
section and the evaluation of such activities.
[(c) In approving applications under this section, the
Assistant Secretary shall assure equitable geographic
distribution of assistance.
[(d) The Assistant Secretary shall, as part of the annual
report submitted under section 207, prepare and submit a report
on the evaluations submitted under this section, together with
such recommendations as the Assistant Secretary deems
appropriate. In carrying out this section, the Assistant
Secretary shall include in the report--
[(1) a description of the demonstration projects
assisted under this section;
[(2) an evaluation of the effectiveness of each such
project; and
[(3) recommendations of the Assistant Secretary with
respect to the desirability and feasibility of carrying
out on a nationwide basis a consumer protection program
for services in the home.
[(e) Consumer protection projects carried out under this
section--
[(1) may include, but are not limited to, consumer
education, the use of consumer hotlines, receipt and
resolution of consumer complaints, and advocacy; and
[(2) may not address medical services.
[SEC. 429. DEMONSTRATION PROJECTS FOR MULTIGENERATIONAL ACTIVITIES.
[(a) Grants and Contracts.--The Assistant Secretary may award
grants and enter into contracts with eligible organizations to
establish demonstration projects that provide older individuals
with multigenerational activities.
[(b) Use of Funds.--An eligible organization shall use funds
made available under a grant awarded, or a contract entered
into, under subsection (a)--
[(1) to carry out a demonstration project that
provides multigenerational activities, including any
professional training appropriate to such activities
for older individuals; and
[(2) to evaluate the project in accordance with
subsection (f).
[(c) Awards.--In awarding grants and entering into contracts
under subsection (a), the Assistant Secretary shall give
preference to--
[(1) eligible organizations with a demonstrated
record of carrying out multigenerational activities;
and
[(2) eligible organizations proposing projects that
will serve older individuals with greatest economic
need (with particular attention to low-income minority
individuals).
[(d) Application.--To be eligible to receive a grant or enter
into a contract under subsection (a), an organization shall
submit an application to the Assistant Secretary at such time,
in such manner, and accompanied by such information as the
Assistant Secretary may reasonably require.
[(e) Eligible Organizations.--Organizations eligible to
receive a grant or enter into a contract under subsection (a)
shall be organizations that employ, or provide opportunities
for, older individuals in multigenerational activities.
[(f) Local Evaluation and Report.--
[(1) Evaluation.--Each organization receiving a grant
or a contract under subsection (a) to carry out a
demonstration project shall evaluate the activities
assisted under the project to determine the
effectiveness of multigenerational activities, the
impact of such activities on child care and youth day
care programs, and the impact on older individuals
involved in such project.
[(2) Report.--The organization shall submit a report
to the Assistant Secretary containing the evaluation
not later than 6 months after the expiration of the
period for which the grant or contract is in effect.
[(g) Report to Congress.--Not later than 6 months after the
Assistant Secretary receives the reports described in
subsection (f)(2), the Assistant Secretary shall prepare and
submit to the Speaker of the House of Representatives and the
President pro tempore of the Senate a report that assesses the
evaluations and includes, at a minimum--
[(1) the names or descriptive titles of the
demonstration projects funded under subsection (a);
[(2) a description of the nature and operation of the
projects;
[(3) the name and address of the individual or
governmental entity that conducted the projects;
[(4) a description of the methods and success of the
projects in recruiting older individuals as employees
and volunteers to participate in the project;
[(5) a description of the success of the projects
retaining older individuals involved in the projects as
employees and as volunteers; and
[(6) the rate of turnover of older individual
employees and volunteers in the projects.
[(h) Definition.--As used in this section, the term
``multigenerational activity'' includes an opportunity to serve
as a mentor or adviser in a child care program, a youth day
care program, an educational assistance program, an at-risk
youth intervention program, a juvenile delinquency treatment
program, or a family support program.
[SEC. 429A. SUPPORTIVE SERVICES IN FEDERALLY ASSISTED HOUSING
DEMONSTRATION PROGRAM.
[(a) Grants.--The Assistant Secretary shall award grants to
eligible agencies to establish demonstration programs to
provide services described in subsection (b) to older
individuals who are residents in federally assisted housing
(referred to in this section as ``residents'').
[(b) Use of Grants.--An eligible agency shall use a grant
awarded under subsection (a) to conduct outreach and to provide
to residents services including--
[(1) meal services;
[(2) transportation;
[(3) personal care, dressing, bathing, and toileting;
[(4) housekeeping and chore assistance;
[(5) nonmedical counseling;
[(6) case management;
[(7) other services to prevent premature and
unnecessary institutionalization; and
[(8) other services provided under this Act.
[(c) Award of Grants.--The Assistant Secretary shall award
grants under subsection (a) to agencies in a variety of
geographic settings, including urban and rural settings.
[(d) Application.--To be eligible to receive a grant under
subsection (a), an agency shall submit an application to the
Assistant Secretary at such time, in such manner, and
containing such information as the Assistant Secretary may
require, including, at a minimum--
[(1) information demonstrating a lack of, and need
for, services described in subsection (b) in federally
assisted housing projects in the geographic area
proposed to be served by the applicant;
[(2) a comprehensive plan to coordinate with housing
facility management to provide services to frail older
individuals who are in danger of premature or
unnecessary institutionalization;
[(3) information demonstrating initiative on the part
of the agency to address the supportive service needs
of residents;
[(4) information demonstrating financial, in-kind, or
other support available to the applicant from State or
local governments, or from private resources;
[(5) an assurance that the agency will participate in
the development of the comprehensive housing
affordability strategy under section 105 of the
Cranston-Gonzalez National Affordable Housing Act (42
U.S.C. 12705) and seek funding for supportive services
under the Department of Housing and Urban Development
or the Farmers Home Administration;
[(6) an assurance that the agency will target
services to low-income minority older individuals and
conduct outreach;
[(7) an assurance that the agency will comply with
the guidelines described in subsection (f); and
[(8) a plan to evaluate the eligibility of older
individuals for services under the federally assisted
housing demonstration program, which plan shall include
a professional assessment committee to identify such
individuals.
[(e) Eligible Agencies.--Agencies eligible to receive grants
under this section shall be State agencies and area agencies on
aging.
[(f) Guidelines.--The Assistant Secretary shall issue
guidelines for use by agencies that receive grants under this
section--
[(1) regarding the level of frailty that older
individuals shall meet to be eligible for services
under a demonstration program established under this
section; and
[(2) for accepting voluntary contributions from
residents who receive services under such a program.
[(g) Evaluations and Reports.--
[(1) Agencies.--Each agency that receives a grant
under subsection (a) to establish a demonstration
program shall, not later than 3 months after the end of
the period for which the grant is awarded--
[(A) evaluate the effectiveness of the
program; and
[(B) submit a report containing the
evaluation to the Assistant Secretary.
[(2) Assistant secretary.--The Assistant Secretary
shall, not later than 6 months after the end of the
period for which the Assistant Secretary awards grants
under subsection (a)--
[(A) evaluate the effectiveness of each
demonstration program that receives a grant
under subsection (a); and
[(B) submit a report containing the
evaluation to the Speaker of the House of
Representatives and the President pro tempore
of the Senate.
[SEC. 429B. NEIGHBORHOOD SENIOR CARE PROGRAM.
[(a) Definitions.--As used in this section:
[(1) Health and social services.--The term ``health
and social services'' includes skilled nursing care,
personal care, social work services, homemaker
services, health and nutrition education, health
screening, home health aid services, and specialized
therapies.
[(2) Volunteer services.--The term ``volunteer
services'' includes peer counseling, chore services,
help with mail and taxes, transportation,
socialization, health and social services, and other
similar services.
[(b) Service Grants.--
[(1) In general.--The Assistant Secretary may award
grants to eligible entities to establish neighborhood
senior care programs, in order to encourage
professionals to provide volunteer services to local
residents who are older individuals and who might
otherwise have to be admitted to nursing homes and to
hospitals.
[(2) Preference.--In awarding grants under this
section, the Assistant Secretary shall give preference
to applicants experienced in operating community
programs and programs meeting the independent living
needs of older individuals.
[(3) Advisory board.--The Assistant Secretary shall
establish an advisory board to provide guidance to
grant recipients regarding the neighborhood senior care
programs. Not fewer than two-thirds of the members of
the advisory board shall be residents in communities
served by the grant recipients.
[(4) Application.--To be eligible to receive a grant
under this section, an entity shall submit an
application to the Assistant Secretary at such time, in
such manner, and containing such information as the
Assistant Secretary may reasonably require. Each
application shall--
[(A) describe the activities in the program
for which assistance is sought;
[(B) describe the neighborhood in which
volunteer services are to be provided under the
program, and a plan for integration of
volunteer services within the neighborhood;
[(C)(i) provide assurances that nurses,
social workers, and community volunteers
providing volunteer services and an outreach
coordinator involved with the project live in
the neighborhood; or
[(ii)(I) reasons that it is not possible to
provide such assurances; and
[(II) assurances that nurses, social workers,
community volunteers and the outreach
coordinator will be assigned repeatedly to the
particular neighborhood; and
[(D) provide for an evaluation of the
activities for which assistance is sought.
[(c) Technical Resource Center.--The Assistant Secretary
shall, to the extent appropriations are available, enter into a
contract with an applicant described in subsection (b)(2) to
establish a technical resource center that will--
[(1) assist the Assistant Secretary in developing
criteria for, and in awarding grants to communities to
establish, neighborhood senior care organizations that
will implement neighborhood senior care programs under
subsection (b);
[(2) assist communities interested in establishing
such a neighborhood senior care program;
[(3) coordinate the neighborhood senior care
programs;
[(4) provide ongoing analysis of and collection of
data on the neighborhood senior care programs and
provide such data to the Assistant Secretary;
[(5) serve as a liaison to State agencies interested
in establishing neighborhood senior care programs; and
[(6) take any further actions as required by
regulation by the Assistant Secretary.
[SEC. 429C. INFORMATION AND ASSISTANCE SYSTEMS DEVELOPMENT PROJECTS.
[(a) Grants.--The Assistant Secretary may--
[(1) make grants to State agencies, and, in
consultation with State agencies, to area agencies on
aging to support the improvement of information and
assistance services, and systems of services, operated
at the State and local levels; and
[(2) make grants to organizations to provide training
and technical assistance to State agencies, area
agencies on aging, and providers of supportive
services--
[(A) to support a national telephone access
service to inform older individuals, families,
and caregivers about State and local
information and assistance services funded
under this Act; and
[(B) to support the improvement of
information and assistance services, and
systems of services, operated at the State and
local levels.
[(b) Application.--To be eligible to receive a grant under
subsection (a) an agency or organization shall submit an
application to the Assistant Secretary at such time, in such
manner, and containing such information as the Assistant
Secretary may specify.
[(c) Guidelines.--The Assistant Secretary shall establish
guidelines for the operation of the national telephone access
service described in subsection (a)(2)(A).
[(d) Evaluation and Report.--
[(1) Evaluation.--The Assistant Secretary shall
conduct an evaluation of the effectiveness of the
national telephone service described in subsection
(a)(2)(A) in providing information and assistance
services to older individuals, families, and caregivers
about State and local information and assistance
services.
[(2) Report.--Not later than January 1, 1995, the
Assistant Secretary shall submit the evaluation
described in paragraph (1) to the Speaker of the House
of Representatives and the President pro tempore of the
Senate.
[SEC. 429D. SENIOR TRANSPORTATION DEMONSTRATION PROGRAM GRANTS.
[(a) Establishment.--The Assistant Secretary shall establish
and carry out senior transportation demonstration programs. In
carrying out the programs, the Assistant Secretary shall award
grants to not fewer than five eligible entities for the purpose
of improving the mobility of older individuals and
transportation services for older individuals (referred to in
this section as ``senior transportation services'').
[(b) Use of Funds.--Grants made under subsection (a) may be
used to--
[(1) develop innovative approaches for improving
access by older individuals to supportive services
under part B of title III, nutrition services under
part C of title III, health care, and other important
services;
[(2) develop comprehensive and integrated senior
transportation services; and
[(3) leverage additional resources for senior
transportation services by--
[(A) coordinating various transportation
services; and
[(B) coordinating various funding sources for
transportation services, including--
[(i) sources of assistance under--
[(I) sections 9, 16(b)(2),
and 18 of the Urban Mass
Transportation Act of 1964 (49
U.S.C. App.); and
[(II) titles XIX and XX of
the Social Security Act (42
U.S.C. 1396 et seq. and 1397 et
seq.); and
[(ii) State and local sources.
[(c) Award of Grants.--
[(1) Preference.--In awarding grants under subsection
(a), the Assistant Secretary shall give preference to
entities that--
[(A) demonstrate special needs for enhancing
senior transportation services and resources
for the services within the geographic area
served by the entities;
[(B) establish plans to ensure that senior
transportation services are coordinated with
general public transportation services and
other specialized transportation services;
[(C) demonstrate the ability to utilize the
broadest range of available transportation and
community resources to provide senior
transportation services;
[(D) demonstrate the capacity and willingness
to coordinate senior transportation services
with services provided under title III and with
general public transportation services and
other specialized transportation services; and
[(E) establish plans for senior
transportation demonstration programs designed
to serve the special needs of low-income,
rural, frail, and other at-risk, transit-
dependent older individuals.
[(2) Rural entities.--The Assistant Secretary shall
award not less than 50 percent of the grants authorized
under this section to entities located in, or primarily
serving, rural areas.
[(d) Application.--An entity that seeks a grant under this
section shall submit an application to the Assistant Secretary
at such time, in such manner, and containing such information
as the Assistant Secretary may require, including at a
minimum--
[(1) information describing senior transportation
services for which the entity seeks assistance;
[(2) a comprehensive strategy for developing a
coordinated transportation system or leveraging
additional funding resources, to provide senior
transportation services;
[(3) information describing the extent to which the
applicant intends to coordinate the services of the
applicant with the services of other transportation
providers;
[(4) a plan for evaluating the effectiveness of the
proposed senior transportation demonstration program
and preparing a report containing the evaluation to be
submitted to the Assistant Secretary; and
[(5) such other information as may be required by the
Assistant Secretary.
[(e) Eligible Entities.--Entities eligible to receive grants
under this section shall be--
[(1) State agencies;
[(2) area agencies on aging; and
[(3) other public agencies and nonprofit
organizations.
[(f) Report.--
[(1) Preparation.--The Assistant Secretary shall
prepare, either directly or through grants or
contracts, annual reports on the senior transportation
demonstration programs established under this section.
The reports shall contain an assessment of the
effectiveness of each demonstration project and
recommendations regarding legislative, administrative,
and other initiatives needed to improve the access to
and effectiveness of transportation services for older
individuals.
[(2) Submission.--The Assistant Secretary shall
submit the report described in paragraph (1) to the
Speaker of the House of Representatives and the
President pro tempore of the Senate.
[SEC. 429E. RESOURCE CENTERS ON NATIVE AMERICAN ELDERS.
[(a) Establishment.--The Assistant Secretary shall make
grants or enter into contracts with not fewer than two and not
more than four eligible entities to establish and operate
Resource Centers on Native American Elders (referred to in this
section as ``Resource Centers''). The Assistant Secretary shall
make such grants or enter into such contracts for periods of
not less than 3 years.
[(b) Functions.--
[(1) In general.--Each Resource Center that receives
funds under this section shall--
[(A) gather information;
[(B) perform research;
[(C) provide for the dissemination of results
of the research; and
[(D) provide technical assistance and
training to entities that provide services to
Native Americans who are older individuals.
[(2) Areas of concern.--In conducting the functions
described in paragraph (1), a Resource Center shall
focus on priority areas of concern for the Resource
Centers regarding Native Americans who are older
individuals, which areas shall be--
[(A) health problems;
[(B) long-term care, including in-home care;
[(C) elder abuse; and
[(D) other problems and issues that the
Assistant Secretary determines are of
particular importance to Native Americans who
are older individuals.
[(c) Preference.--In awarding grants and entering into
contracts under subsection (a), the Assistant Secretary shall
give preference to institutions of higher education that have
conducted research on, and assessment of, the characteristics
and needs of Native Americans who are older individuals.
[(d) Consultation.--In determining the type of information to
be sought from, and activities to be performed by, Resource
Centers, the Assistant Secretary shall consult with the
Director of the Office for American Indian, Alaskan Native, and
Native Hawaiian Aging and with national organizations with
special expertise in serving Native Americans who are older
individuals.
[(e) Eligible Entities.--Entities eligible to receive a grant
or enter into a contract under subsection (a) shall be
institutions of higher education with experience conducting
research and assessment on the needs of older individuals.
[(f) Report to Congress.--The Assistant Secretary, with
assistance from each Resource Center, shall prepare and submit
to the Speaker of the House of Representatives and the
President pro tempore of the Senate an annual report on the
status and needs including the priority areas of concern of
Native Americans who are older individuals.
[SEC. 429F. DEMONSTRATION PROGRAMS FOR OLDER INDIVIDUALS WITH
DEVELOPMENTAL DISABILITIES.
[(a) Definition.--As used in this section:
[(1) Developmental disability.--The term
``developmental disability'' has the meaning given the
term in section 102(5) of the Developmental
Disabilities Assistance and Bill of Rights Act (42
U.S.C. 6001(5)).
[(2) In-home service.--The term ``in-home service''
has the meaning given the term in section 342.
[(b) Establishment.--The Assistant Secretary shall make
grants to State agencies to provide services in accordance with
subsection (c).
[(c) Use of Funds.--A State agency may use a grant awarded
under subsection (b) to provide services for older individuals
with developmental disabilities, and for older individuals with
caretaker responsibilities for developmentally disabled
children, including--
[(1) child care and youth day care programs;
[(2) programs to integrate the individuals into
existing programs for older individuals;
[(3) respite care;
[(4) transportation to multipurpose senior centers
and other facilities and services;
[(5) supervision;
[(6) renovation of multipurpose senior centers;
[(7) provision of materials to facilitate activities
for older individuals with developmental disabilities,
and for older individuals with caretaker
responsibilities for developmentally disabled children;
[(8) training of State agency, area agency on aging,
volunteer, and multipurpose senior center staff, and
other service providers, who work with such
individuals; and
[(9) in-home services.
[(d) Application.--To be eligible to receive a grant under
this section, a State agency shall submit an application to the
Assistant Secretary at such time, in such manner, and
containing such information as the Assistant Secretary may
require.
[SEC. 429G. HOUSING DEMONSTRATION PROGRAMS.
[(a) Housing Ombudsman Demonstration Programs.--
[(1) Grants.--The Assistant Secretary shall award
grants to eligible agencies to establish housing
ombudsman programs.
[(2) Use of grants.--An eligible agency shall use a
grant awarded under paragraph (1) to--
[(A) provide the services described in
subparagraph (B) through--
[(i) professional and volunteer staff
to older individuals who are--
[(I) participating in
federally assisted and other
publicly assisted housing
programs; or
[(II) seeking Federal, State,
and local housing programs; and
[(ii)(I) the State Long-Term Care
Ombudsman program under section
307(a)(12) or section 712;
[(II) a legal services or assistance
organization or through an organization
that provides both legal and other
social services;
[(III) a public or not-for-profit
social services agency; or
[(IV) an agency or organization
concerned with housing issues but not
responsible for publicly assisted
housing.
[(B) establish a housing ombudsman program
that provides information, advice, and advocacy
services including--
[(i) direct assistance, or referral
to services, to resolve complaints or
problems;
[(ii) provision of information
regarding available housing programs,
eligibility, requirements, and
application processes;
[(iii) counseling or assistance with
financial, social, familial, or other
related matters that may affect or be
influenced by housing problems;
[(iv) advocacy related to promoting--
[(I) the rights of the older
individuals who are residents
in publicly assisted housing
programs; and
[(II) the quality and
suitability of housing in the
programs; and
[(v) assistance with problems related
to housing regarding--
[(I) threats of eviction or
eviction notices;
[(II) older buildings;
[(III) functional impairments
as the impairments relate to
housing;
[(IV) unlawful
discrimination;
[(V) regulations of the
Department of Housing and Urban
Development and the Farmers
Home Administration;
[(VI) disability issues;
[(VII) intimidation,
harassment, or arbitrary
management rules;
[(VIII) grievance procedures;
[(IX) certification and
recertification related to
programs of the Department of
Housing and Urban Development
and the Farmers Home
Administration; and
[(X) issues related to
transfer from one project or
program to another;
[(3) Award of grants.--The Assistant Secretary shall
award grants under paragraph (1) to agencies in rural,
urban, and other settings.
[(4) Application.--To be eligible to receive a grant
under paragraph (1), an agency shall submit an
application to the Assistant Secretary at such time, in
such manner, and containing such information as the
Assistant Secretary may require, including, at a
minimum--
[(A) an assurance that the agency will
conduct training of professional and volunteer
staff who will provide services through the
housing ombudsman demonstration program;
[(B) in the case of an application submitted
by an area agency on aging, an endorsement of
the program by the State agency serving the
State in which the program will be established,
and an assurance by the State agency that the
agency will work with the area agency in
carrying out the program; and
[(C) a plan to involve in the demonstration
program the Secretary of the Department of
Housing and Urban Development, the
Administrator of the Farmers Home
Administration, any individual or entity
described in paragraph (2)(A) through which the
agency intends to provide the services, and
other agencies involved in publicly assisted
housing programs.
[(5) Eligible agencies.--Agencies eligible to receive
grants under this section shall include--
[(A) State agencies;
[(B) area agencies on aging; and
[(C) other nonprofit entities, including
providers of services under the State Long-Term
Care Ombudsman program and the elder rights and
legal assistance development program described
in chapters 2 and 4, respectively, of subtitle
A of title VII.
[(b) Foreclosure and Eviction Assistance and Relief Services
Demonstration Programs.--
[(1) Grants.--The Assistant Secretary shall make
grants to States to carry out demonstration programs to
develop methods or implement laws--
[(A) to prevent or delay the foreclosure on
housing owned and occupied by older individuals
or the eviction of older individuals from
housing the individuals rent;
[(B) to obtain alternative housing as a
result of such foreclosure or eviction; and
[(C) to assist older individuals to
understand the rights and obligations of the
individuals under laws relating to housing
ownership and occupancy.
[(2) Notification process.--A State that receives a
grant under paragraph (1) shall establish methods,
including a notification process--
[(A) to assist older individuals who are
incapable of, or have difficulty in,
understanding the circumstances and
consequences of foreclosure on or eviction from
housing the individuals occupy; and
[(B) to coordinate the program for which such
grant is received with the activities of tenant
organizations, tenant-landlord mediation
organizations, public housing entities, and
area agencies on aging, to provide more
effectively assistance or referral to services
to relocate or prevent eviction of older
individuals from housing the individuals
occupy.
[(c) Evaluations and Reports.--
[(1) Agencies.--Each agency or State that receives a
grant under subsection (a) or (b) to establish a
demonstration program shall, not later than 3 months
after the end of the period for which the grant is
awarded--
[(A) evaluate the effectiveness of the
program; and
[(B) submit a report containing the
evaluation to the Assistant Secretary.
[(2) Assistant secretary.--The Assistant Secretary
shall, not later than 6 months after the end of the
period for which the Assistant Secretary awards a grant
under subsection (a) or (b)--
[(A) evaluate the effectiveness of each
demonstration program that receives the grant;
and
[(B) submit a report containing the
evaluation to the Speaker of the House of
Representatives and the President pro tempore
of the Senate.
[SEC. 429H. PRIVATE RESOURCE ENHANCEMENT PROJECTS.
[(a) Grants.--
[(1) In general.--The Assistant Secretary may make
grants to, and enter into contracts with, State
agencies and area agencies on aging, to carry out
demonstration projects that generate non-Federal
resources (including cash and in-kind contributions),
in order to increase resources available to provide
additional services under title III.
[(2) Maintenance of resources.--Resources generated
with a grant made, or contract entered into, under
subsection (a) shall be in addition to, and may not be
used to supplant, any resource that is or would
otherwise be available under any Federal, State, or
local law to a State, State agency, area agency on
aging, or unit of general purpose local government (as
defined in section 302(2)) to provide such services.
[(3) Use of resources.--Resources generated with a
grant made, or a contract entered into, under
subsection (a) shall be used to provide supportive
services in accordance with title III. The requirements
under this Act that apply to funds received under title
III by States to carry out title III shall apply with
respect to such resources.
[(b) Award of Grants and Contracts.--
[(1) Regional distribution.--The Assistant Secretary
shall ensure that States and area agencies on aging in
all standard Federal regions of the United States,
established by the Office of Management and Budget,
receive grants and contracts under subsection (a) on an
equitable basis.
[(2) Distribution based on need.--Within such
regions, the Assistant Secretary shall give preference
to applicants that provide services under title III in
geographical areas that contain a large number of older
individuals with greatest economic need or older
individuals with greatest social need.
[(c) Monitoring.--The Assistant Secretary shall monitor how--
[(1) grants are expended, and contracts are carried
out, under subsection (a); and
[(2) resources generated under such grants and
contracts are expended,
to ensure compliance with this section.
[SEC. 429I. CAREER PREPARATION FOR THE FIELD OF AGING.
[(a) Grants.--The Assistant Secretary shall make grants to
institutions of higher education, historically Black colleges
or universities, Hispanic Centers of Excellence in Applied
Gerontology, and other educational institutions that serve the
needs of minority students, to provide education and training
to prepare students for careers in the field of aging.
[(b) Definitions.--For purposes of subsection (a):
[(1) Hispanic center of excellence in applied
gerontology.--The term ``Hispanic Center of Excellence
in Applied Gerontology'' means an institution of higher
education with a program in applied gerontology that--
[(A) has a significant number of Hispanic
individuals enrolled in the program, including
individuals accepted for enrollment in the
program;
[(B) has been effective in assisting Hispanic
students of the program to complete the program
and receive the degree involved;
[(C) has been effective in recruiting
Hispanic individuals to attend the program,
including providing scholarships and other
financial assistance to such individuals and
encouraging Hispanic students of secondary
educational institutions to attend the program;
and
[(D) has made significant recruitment efforts
to increase the number and placement of
Hispanic individuals serving in faculty or
administrative positions in the program.
[(2) Historically black college or university.--The
term ``historically Black college or university'' has
the meaning given the term ``part B institution'' in
section 322(2) of the Higher Education Act of 1965 (20
U.S.C. 1061(2)).
[SEC. 429J. PENSION RIGHTS DEMONSTRATION PROJECTS.
[(a) Definitions.--As used in this section:
[(1) Pension rights information program.--The term
``pension rights information program'' means a program
described in subsection (c).
[(2) Pension and other retirement benefits.--The term
``pension and other retirement benefits'' means
private, civil service, and other public pensions and
retirement benefits, including benefits provided
under--
[(A) the Social Security program under title
II of the Social Security Act (42 U.S.C. 401 et
seq.);
[(B) the railroad retirement program under
the Railroad Retirement Act of 1974 (45 U.S.C.
231 et seq.);
[(C) the government retirement benefits
programs under the Civil Service Retirement
System set forth in chapter 83 of title 5,
United States Code, the Federal Employees
Retirement System set forth in chapter 84 of
title 5, United States Code, or other Federal
retirement systems; or
[(D) the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1001 et seq.).
[(b) Establishment.--The Assistant Secretary shall establish
and carry out pension rights demonstration projects.
[(c) Pension Rights Information Programs.--
[(1) Use of funds.--In carrying out the projects
specified in subsection (b), the Assistant Secretary
shall, to the extent appropriations are available,
award grants to six eligible entities to establish
programs to provide outreach, information, counseling,
referral, and assistance regarding pension and other
retirement benefits, and rights related to such
benefits.
[(2) Award of grants.--
[(A) Type of entity.--The Assistant Secretary
shall award under this subsection--
[(i) four grants to State agencies or
area agencies on aging; and
[(ii) two grants to nonprofit
organizations with a proven record of
providing--
[(I) services related to
retirement of older
individuals; or
[(II) specific pension rights
counseling.
[(B) Panel.--In awarding grants under this
subsection, the Assistant Secretary shall use a
citizen advisory panel that shall include
representatives of business, labor, national
senior advocates, and national pension rights
advocates.
[(C) Criteria.--In awarding grants under this
subsection, the Assistant Secretary, in
consultation with the panel, shall use as
criteria--
[(i) evidence of commitment of an
agency or organization to carry out a
proposed pension rights information
program;
[(ii) the ability of the agency or
organization to perform effective
outreach to affected populations,
particularly populations identified as
in need of special outreach; and
[(iii) reliable information that the
population to be served by the agency
or organization has a demonstrable need
for the services proposed to be
provided under the program.
[(3) Application.--
[(A) In general.--To be eligible to receive a
grant under this subsection, an entity shall
submit an application to the Assistant
Secretary at such time, in such manner, and
containing such information as the Assistant
Secretary may require, including, at a
minimum--
[(i) a plan for the establishment of
a pension rights information program to
serve a specific geographic area; and
[(ii) an assurance that staff members
(including volunteer staff members)
have no conflict of interest in
providing the services described in the
plan.
[(B) Plan.--The plan described in paragraph
(1) shall provide for a program that--
[(i) establishes a State or area
pension rights information center;
[(ii) provides counseling (including
direct counseling and assistance to
individuals needing information) and
information that may assist individuals
in establishing rights to, obtaining,
and filing claims or complaints related
to, pension and other retirement
benefits;
[(iii) provides information on
sources of pension and other retirement
benefits, including the benefits under
programs described in subsection
(a)(1);
[(iv) makes referrals to legal
services and other advocacy programs;
[(v) establishes a system of referral
to State, local, and Federal
departments or agencies related to
pension and other retirement benefits;
[(vi) provides a sufficient number of
staff positions (including volunteer
positions) to ensure information,
counseling, referral, and assistance
regarding pension and other retirement
benefits;
[(vii) provides training programs for
staff members, including volunteer
staff members of the programs described
in subsection (a)(1);
[(viii) makes recommendations to the
Administration, the Department of Labor
and other local, State, and Federal
agencies concerning issues for older
individuals related to pension and
other retirement benefits; and
[(ix) establishes an outreach program
to provide information, counseling,
referral, and assistance regarding
pension and other retirement benefits,
with particular emphasis on outreach to
women, minorities, and low-income
retirees.
[(d) Training Program.--
[(1) Use of funds.--In carrying out the projects
described in subsection (b), the Assistant Secretary
shall, to the extent appropriations are available,
award a grant to an eligible entity to establish a
training program to provide--
[(A) information to the staffs of entities
operating pension rights information programs;
and
[(B) assistance to the entities and assist
such entities in the design of program
evaluation tools.
[(2) Eligible entity.--Entities eligible to receive
grants under this subsection include nonprofit private
organizations with records of providing national
information, referral, and advocacy in matters related
to pension and other retirement benefits.
[(3) Application.--To be eligible to receive a grant
under this subsection, an entity shall submit an
application to the Assistant Secretary at such time, in
such manner, and containing such information as the
Assistant Secretary may require.
[(e) Duration.--The Assistant Secretary may award grants
under subsection (c) or (d) for periods not to exceed 18
months.
[(f) Report to Congress.--
[(1) Preparation.--The Assistant Secretary shall
prepare a report that--
[(A) summarizes the distribution of funds
authorized for grants under this section and
the expenditure of such funds;
[(B) summarizes the scope and content of
training and assistance provided under a
program carried out under this section and the
degree to which the training and assistance can
be replicated;
[(C) outlines the problems that individuals
participating in programs funded under this
section encountered concerning rights related
to pension and other retirement benefits; and
[(D) makes recommendations regarding the
manner in which services provided in programs
funded under this section can be incorporated
into the ongoing programs of State agencies,
area agencies on aging, multipurpose senior
centers, and other similar entities.
[(2) Submission.--Not later than 30 months after the
date of the enactment of this section, the Assistant
Secretary shall submit the report described in
paragraph (1) to the Committee on Education and Labor
of the House of Representatives and the Committee on
Labor and Human Resources of the Senate.
[(g) Administrative Expenses.--Of the funds appropriated
under section 431(a)(1) to carry out this section for a fiscal
year, not more than $100,000 may be used by the Administration
for administrative expenses in carrying out this section.
[Part C--General Provisions
[authorization of appropriations
[Sec. 431. (a)(1) There are authorized to be appropriated
to carry out the provisions of this title (other than the
provision specified in subsection (b)) $72,000,000 for fiscal
year 1992, and such sums as may be necessary for fiscal years
1993, 1994, and 1995.
[(2) Not less than 1 percent of the amount appropriated under
paragraph (1) for each fiscal year shall be made available to
carry out section 202(d).
[(b) There are authorized to be appropriated to carry out
section 411(e), $450,000 for each of fiscal years 1992, 1993,
1994, and 1995.
[(c) No funds appropriated under this title--
[(1) may be transferred to any office or other
authority of the Federal Government which is not
directly responsible to the Assistant Secretary;
[(2) may be used for any program or activity which is
not specifically authorized by this title; or
[(3) may be combined with funds appropriated under
any other Act if the purpose of combining funds is to
make a single discretionary grant or a single
discretionary payment, unless such funds appropriated
under this title are separately identified in such
grant or payment and are used for the purposes of this
title.
[payments of grants
[Sec. 432. (a) To the extent the Assistant Secretary deems
it appropriate, the Assistant Secretary shall require the
recipient of any grant or contract under this title to
contribute money, facilities, or services for carrying out the
project for which such grant or contract was made.
[(b) Payments under this title pursuant to a grant or
contract may be made (after necessary adjustment, in the case
of grants, on account of previously made overpayments or
underpayments) in advance or by way of reimbursement, and in
such installments and on such conditions, as the Assistant
Secretary may determine.
[(c) The Assistant Secretary shall make no grant or
contract under this title in any State which has established or
designated a State agency for purposes of title III unless the
Assistant Secretary--
[(1) consults with the State agency prior to issuing
the grant or contract; and
[(2) informs the State agency of the purposes of the
grant or contract when the grant or contract is issued.
[responsibilities of assistant secretary
[Sec. 433. (a) The Assistant Secretary shall be responsible
for the administration, implementation, and making of grants
and contracts under this title and shall not delegate authority
under this title to any other individual, agency, or
organization.
[(b)(1) Not later than January 1 following each fiscal year,
the Assistant Secretary shall submit, to the Speaker of the
House of Representatives and the President pro tempore of the
Senate, a report for such fiscal year that describes each
project and each program--
[(A) for which funds were provided under this title;
and
[(B) that was completed in the fiscal year for which
such report is prepared.
[(2) Such report shall contain--
[(A) the name or descriptive title of each project or
program;
[(B) the name and address of the individual or
governmental entity that conducted such project or
program;
[(C) a specification of the period throughout which
such project or program was conducted;
[(D) the identity of each source of funds expended to
carry out such project or program and the amount of
funds provided by each such source;
[(E) an abstract describing the nature and operation
of such project or program; and
[(F) a bibliography identifying all published
information relating to such project or program.
[(c)(1) The Assistant Secretary shall establish by regulation
and implement a process to evaluate the results of projects and
programs carried out under this title.
[(2) The Assistant Secretary shall--
[(A) make available to the public each evaluation
carried out under paragraph (1); and
[(B) use such evaluation to improve services
delivered, or the operation of projects and programs
carried out, under this Act.
[TITLE V--COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS
[short title
[Sec. 501. This title may be cited as the ``Older American
Community Service Employment Act''.
[older american community service employment program
[Sec. 502. (a) In order to foster and promote useful part-
time opportunities in community service activities for
unemployed low-income persons who are fifty-five years old or
older and who have poor employment prospects, the Secretary of
Labor (hereinafter in this title referred to as the
``Secretary'') is authorized to establish an older American
community service employment program.
[(b)(1) In order to carry out the provisions of this title,
the Secretary is authorized to enter into agreements with
public or private nonprofit agencies or organizations,
including national organizations, agencies of a State
government or a political subdivision of a State (having
elected or duly appointed governing officials), or a
combination of such political subdivisions, or tribal
organizations in order to further the purposes and goals of the
program. Such agreements may include provisions for the payment
of costs, as provided in subsection (c), of projects developed
by such organizations and agencies in cooperation with the
Secretary in order to make the program effective or to
supplement the program. No payment shall be made by the
Secretary toward the cost of any project established or
administered by any such organization or agency unless the
Secretary determines that such project--
[(A) will provide employment only for eligible
individuals, except for necessary technical,
administrative, and supervisory personnel, but such
personnel shall, to the fullest extent possible, be
recruited from among eligible individuals;
[(B) will provide employment for eligible individuals
in the community in which such individuals reside, or
in nearby communities;
[(C) will employ eligible individuals in services
related to publicly owned and operated facilities and
projects, or projects sponsored by organizations, other
than political parties, exempt from taxation under the
provisions of section 501(c)(3) of the Internal Revenue
Code of 1986, except projects involving the
construction, operation, or maintenance of any facility
used or to be used as a place for sectarian religious
instruction or worship;
[(D) will contribute to the general welfare of the
community;
[(E) will provide employment for eligible
individuals;
[(F)(i) will result in an increase in employment
opportunities over those opportunities which would
otherwise be available; (ii) will not result in the
displacement of currently employed workers (including
partial displacement, such as a reduction in the hours
of nonovertime work or wages or employment benefits);
and (iii) will not impair existing contracts or result
in the substitution of Federal funds for other funds in
connection with work that would otherwise be performed;
[(G) will not employ or continue to employ any
eligible individual to perform work the same or
substantially the same as that performed by any other
person who is on layoff;
[(H) will utilize methods of recruitment and
selection (including listing of job vacancies with the
employment agency operated by any State or political
subdivision thereof) which will assure that the maximum
number of eligible individuals will have an opportunity
to participate in the project;
[(I) will include such training as may be necessary
to make the most effective use of the skills and
talents of those individuals who are participating, and
will provide for the payment of the reasonable expenses
of individuals being trained, including a reasonable
subsistence allowance;
[(J) will assure that safe and healthy conditions of
work will be provided, and will assure that individuals
employed in community service jobs assisted under this
title shall be paid wages which shall not be lower than
whichever is the highest of (i) the minimum wage which
would be applicable to the employee under the Fair
Labor Standards Act of 1938, if section 6(a)(1) of such
Act applied to the participant and if the participant
were not exempt under section 13 thereof, (ii) the
State or local minimum wage for the most nearly
comparable covered employment, or (iii) the prevailing
rates of pay for individuals employed in similar public
occupations by the same employer;
[(K) will be established or administered with the
advice of persons competent in the field of service in
which employment is being provided, and of persons who
are knowledgeable with regard to the needs of older
persons;
[(L) will authorize pay for necessary transportation
costs of eligible individuals which may be incurred in
employment in any project funded under this title, in
accordance with regulations promulgated by the
Secretary;
[(M) will assure, that to the extent feasible, such
project will serve the needs of minority, limited
English-speaking, and Indian eligible individuals, and
eligible individuals who have greatest economic need,
at least in proportion to their numbers in the State
and take into consideration their rates of poverty and
unemployment;
[(N)(i) will prepare an assessment of--
[(I) the participants' skills and talents;
[(II) their need for supportive services; and
[(III) their physical capabilities;
except to the extent such project has, for the
particular participant involved, an assessment of such
skills and talents, such need, or such capabilities
prepared recently pursuant to another employment or
training program (such as a program under the Job
Training Partnership Act and title I of the Workforce
Investment Act of 1998);
[(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;
[(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; and
[(Q) will provide to the Secretary the description
and information described in paragraphs (8) and (14) of
section 112(b) of the Workforce Investment Act of 1998.
[(2) The Secretary is authorized to establish, issue, and
amend such regulations as may be necessary to effectively carry
out the provisions of this title.
[(3) The Secretary shall develop alternatives for
innovative work modes and provide technical assistance in
creating job opportunities through work sharing and other
experimental methods to prime sponsors, labor organizations,
groups representing business and industry and workers as well
as to individual employers, where appropriate.
[(4) The Secretary may enter into an agreement with the
Administrator of the Environmental Protection Agency to
establish a Senior Environmental Employment Corps.
[(c)(1) The Secretary is authorized to pay not to exceed 90
percent of the cost of any project which is the subject of an
agreement entered into under subsection (b), except that the
Secretary is authorized to pay all of the costs of any such
project which is (A) an emergency or disaster project, or (B) a
project located in an economically depressed area, as
determined by the Secretary in consultation with the Secretary
of Commerce and the Secretary of Health and Human Services.
[(2) The non-Federal share shall be in cash or in kind. In
determining the amount of the non-Federal share, the Secretary
is authorized to attribute fair market value to services and
facilities contributed from non-Federal sources.
[(3) Of the amount for any project to be paid by the
Secretary under this subsection, not more than 13.5 percent for
fiscal year 1987 and each fiscal year thereafter shall be
available for paying the costs of administration for such
project, except that--
[(A) whenever the Secretary determines that it is
necessary to carry out the project assisted under this
title, based on information submitted by the public or
private nonprofit agency or organization with which the
Secretary has an agreement under subsection (b), the
Secretary may increase the amount available for paying
the cost of administration to an amount not more than
15 percent of the cost of such project; and
[(B) whenever the public or private nonprofit agency
or organization with which the Secretary has an
agreement under subsection (b) demonstrates to the
Secretary that--
[(i) major administrative cost increases are
being incurred in necessary program components,
including liability insurance, payments for
workers' compensation, costs associated with
achieving unsubsidized placement goals, and
other operation requirements imposed by the
Secretary;
[(ii) the number of employment positions in
the project or the number of minority eligible
individuals participating in the project will
decline if the amount available for paying the
cost of administration is not increased; or
[(iii) the size of the project is so small
that the amount of administrative expenses
incurred to carry out the project necessarily
exceed 13.5 percent of the amount for such
project;
the Secretary shall increase the amount available for
the fiscal year for paying the cost of administration
to an amount not more than 15 percent of the cost of
such project.
[(d)(1) Whenever a national organization or other program
sponsor conducts a project within a planning and service area
in a State such organization or program sponsor shall conduct
such project in consultation with the area agency on aging of
the planning and service area and shall submit to the State
agency and the area agency on aging a description of such
project to be conducted in the State, including the location of
the project, 30 days prior to undertaking the project, for
review and comment according to guidelines the Secretary shall
issue to assure efficient and effective coordination of
programs under this title.
[(2) The Secretary shall review on his own initiative or at
the request of any public or private nonprofit agency or
organization, or an agency of the State government, the
distribution of programs under this title within the State
including the distribution between urban and rural areas within
the State. For each proposed realloction of programs within a
State, the Secretary shall give notice and opportunity for a
hearing on the record by all interested individuals and make a
written determination of his findings and decision.
[(e)(1) The Secretary, in addition to any other authority
contained in this title, shall conduct experimental projects
designed to assure second career training and the placement of
eligible individuals in employment opportunities with private
business concerns. The Secretary shall enter into such
agreements with States, public agencies, nonprofit private
organizations and private business concerns as may be necessary
to conduct the experimental projects authorized by this
subsection. The Secretary, from amounts reserved under section
506(a)(2)(A) in any fiscal year, may pay all of the costs of
any agreements entered into under the provisions of this
subsection. The Secretary shall, to the extent feasible, assure
equitable geographic distribution of projects authorized by
this subsection.
[(2) The Secretary shall issue, and amend from time to
time, criteria designed to assure that agreements entered into
under paragraph (1) of this subsection--
[(A) will involve different kinds of work modes, such
as flextime, job sharing, and other arrangements
relating to reduced physical exertion;
[(B) will emphasize projects involving second careers
and job placement and give consideration to placement
in growth industries and in jobs reflecting new
technological skills; and
[(C) require the coordination of projects
carried out under such agreements, with the
programs carried out under the Job Training
Partnership Act and title I of the Workforce
Investment Act of 1998.
[(3)(A) The Secretary shall carry out an evaluation of the
second career training and job placement projects authorized by
this subsection.
[(B) The evaluation shall include but not be limited to the
projects described in paragraph (2).
[(C) The Secretary shall prepare and submit, not later than
one year after the enactment of the Older Americans Act
Amendments of 1981, to the Congress an interim report
describing the agreements entered into under paragraph (1) and
the design for the evaluation required by this paragraph. The
Secretary shall prepare and submit to the President and the
Congress a final report on the evaluation required by this
paragraph. The Secretary shall prepare and submit to the
President and the Congress a final report on the evaluation
required by this paragraph not later than February 1, 1984,
together with his findings and such recommendations, including
recommendations for additional legislation, as the Secretary
deems appropriate.
[(D) The Secretary shall make the final report submitted
under subparagraph (C) available to interested private business
concerns.
[(4) For the purpose of this subsection, ``eligible
individual'' means any individual who is 55 years of age or
older and who has an income equal to or less than the
intermediate level retired couples budget as determined
annually by the Bureau of Labor Statistics.
[administration
[Sec. 503. (a)(1) In order to effectively carry out the
provisions of this title, the Secretary shall, through the
Assistant Secretary for Aging, consult with the State agency
and the appropriate area agencies on aging established under
section 305(a)(2) with regard to--
[(A) the localities in which community service
projects of the type authorized by this title are most
needed;
[(B) consideration of the employment situations and
the type of skills possessed by available local
individuals who are eligible to participate; and
[(C) potential projects and the number and percentage
of eligible individuals in the local population.[(2)
The Secretary of Labor and the Assistant Secretary for
Aging shall coordinate the programs under this title
and the programs under titles III, IV, and VI to
increase job opportunities available to older
individuals.
[(b)(1) The Secretary shall coordinate the program assisted
under this title with programs authorized under the Job
Training Partnership Act and title I of the Workforce
Investment Act of 1998, the Community Services Block Grant Act,
and the Vocational Education Act of 1984. The Secretary shall
coordinate the administration of this title with the
administration of titles III, IV, and VI by the Assistant
Secretary for Aging, to increase the likelihood that eligible
individuals for whom employment opportunities under this title
are available and who need services under such titles receive
such services. Appropriations under this Act may not be used to
carry out any program under the Job Training Partnership Act,
the Community Services Block Grant Act, or the Vocational
Education Act of 1984. The preceding sentence shall not be
construed to prohibit carrying out projects under this title
jointly with programs, projects, or activities under any Act
specified in such sentence.
[(2) The Secretary shall distribute to grantees under this
title, for distribution to program enrollees, and at no cost to
grantees or enrollees, information materials developed and
supplied by the Equal Employment Opportunity Commission and
other appropriate Federal agencies which the Secretary
determines are designed to help enrollees identify age
discrimination and understand their rights under the Age
Discrimination in Employment Act of 1967.
[(c) In carrying out the provisions of this title, the
Secretary is authorized to use, with their consent, the
services, equipment, personnel, and facilities of Federal and
other agencies with or without reimbursement, and on a similar
basis to cooperate with other public and private agencies and
instrumentalities in the use of services, equipment, and
facilities.
[(d) Payments under this title may be made in advance or by
way of reimbursement and in such installments as the Secretary
may determine.
[(e) The Secretary shall not delegate any function of the
Secretary under this title to any other department or agency of
the Federal Government.
[(f) In carrying out the provisions of this title, the
Secretary may fund and expand projects concerning the Senior
Environmental Employment Corps and energy conservation from
sums appropriated under section 508 for such fiscal year.
[participants not federal employees
[Sec. 504. (a) Eligible individuals who are employed in any
project funded under this title shall not be considered to be
Federal employees as a result of such employment and shall not
be subject to the provisions of part III of title 5, United
States Code.
[(b) No contract shall be entered into under this title with
a contractor who is, or whose employees are, under State law,
exempted from operation of the State workmen's compensation
law, generally applicable to employees, unless the contractor
shall undertake to provide either through insurance by a
recognized carrier, or by self-insurance, as authorized by
State law, that the persons employed under the contract shall
enjoy workmen's compensation coverage equal to that provided by
law for covered employment.
[interagency cooperation
[Sec. 505. (a) The Secretary shall consult with, and obtain
the written views of, the Assistant Secretary for Aging prior
to the establishment of rules or the establishment of general
policy in the administration of this title.
[(b) The Secretary shall consult and cooperate with the
Director of the Office of Community Services, the Secretary of
Health and Human Services, and the heads of other Federal
agencies carrying out related programs, in order to achieve
optimal coordination with such other programs. In carrying out
the provisions of this section, the Secretary shall promote
programs or projects of a similar nature. Each Federal agency
shall cooperate with the Secretary in disseminating information
relating to the availability of assistance under this title and
in promoting the identification and interests of individuals
eligible for employment in projects assisted under this title.
[(c) In administering projects under this title concerning
the Senior Environmental Employment Corps and energy
conservation, the Secretary shall consult with the
Administrator of the Environmental Protection Agency and the
Secretary of Energy and shall enter into an agreement with the
Administrator and the Secretary of Energy to coordinate
programs conducted by them with such projects.
[(d)(1) The Secretary shall promote and coordinate carrying
out projects under this title jointly with programs, projects,
or activities under other Acts that provide training and
employment opportunities to eligible individuals.
[(2) The Secretary shall consult with the Secretary of
Education to promote and coordinate carrying out projects under
this title jointly with workforce investment activities in
which eligible individuals may participate that are carried out
under the Carl D. Perkins Vocational and Technical Education
Act of 1998.
[equitable distribution of assistance
[Sec. 506. (a)(1)(A) Subject to subparagraph (B) and
paragraph (2), from sums appropriated under this title for each
fiscal year, the Secretary shall first reserve such sums as may
be necessary for national grants or contracts with public
agencies and public or nonprofit private organizations to
maintain the level of activities carried on under such grants
or contracts at least at the level of such activities supported
under this title and under any other provision of Federal law
relating to community service employment programs for older
Americans in fiscal year 1978.
[(B)(i)(I) For each fiscal year in which the sums
appropriated under this title exceed the amount appropriated
under this title for fiscal year 1978, the Secretary shall
reserve not more than 45 percent of such excess, except as
provided in subclause (II), to carry out clauses (ii), (iii),
and (v).
[(II) The Secretary shall reserve a sum sufficient to carry
out clauses (iii) and (v).
[(III) The Secretary in awarding grants and contracts under
this paragraph from the sum reserved under this paragraph
shall, to the extent feasible, assure an equitable distribution
of activities under such grants and contracts designed to
achieve the allotment among the States described in paragraph
(3) of this subsection.
[(ii) The Secretary shall reserve such sums as may be
necessary for national grants or contracts with public or
nonprofit national Indian aging organizations with the ability
to provide employment services to older Indians and with
national public or nonprofit Pacific Island and Asian American
aging organizations with the ability to provide employment
services to older Pacific Island and Asian Americans.
[(iii) If the amount appropriated under this title for a
fiscal year exceeds 102 percent of the amount appropriated
under this title for fiscal year 1991, for each fiscal year
described in clause (iv), the Secretary shall reserve for
recipients of national grants and contracts under this
paragraph such portion of the excess amount as the Secretary
determines to be appropriate and is--
[(I) at least 25 percent of the excess amount; or
[(II) the portion required to increase the amount
made available under this paragraph to each of the
recipients so that the amount equals 1.3 percent of the
amount appropriated under this title for fiscal year
1991.
[(iv) From the portion reserved under clause (iii), the
Secretary shall increase the amount made available under this
paragraph to each of the recipients--
[(I) for each fiscal year before the fiscal year
described in subclause (II), so that such amount
equals, or more closely approaches, such 1.3 percent;
and
[(II) for the first fiscal year for which the portion
is sufficient to make available under this paragraph to
each of the recipients the amount equal to such 1.3
percent, so that such amount is not less than such 1.3
percent.
[(v) For each fiscal year after the fiscal year described in
clause (iv)(II), the Secretary shall make available under this
paragraph to each of the recipients an amount not less than
such 1.3 percent.
[(C) Preference in awarding grants and contracts under this
paragraph shall be given to national organizations, and
agencies, of proven ability in providing employment services to
eligible individuals under this program and similar programs.
The Secretary, in awarding grants and contracts under this
section, shall, to the extent feasible, assure an equitable
distribution of activities under such grants and contracts, in
the aggregate, among the States, taking into account the needs
of underserved States, subject to subparagraph (B)(i)(III).
[(2)(A) From sums appropriated under this title for each
fiscal year after September 30, 1978, the Secretary shall
reserve an amount which is at least 1 percent and not more than
3 percent of the amount appropriated in excess of the amount
appropriated for fiscal year 1978 for the purpose of entering
into agreements under section 502(e), relating to improved
transition to private employment.
[(B) After the Secretary makes the reservations required by
paragraph (1)(B) and subparagraph (A), the remainder of such
excess shall be allotted to the appropriate public agency of
each State pursuant to paragraph (3).
[(3) The Secretary shall allot to the State agency on aging
of each State the remainder of the sums appropriated for any
fiscal year under section 508 so that each State will receive
an amount which bears the same ratio to such remainder as the
product of the number of persons aged fifty-five or over in the
State and the allotment percentage of such State bears to the
sum of the corresponding product for all States, except that
(A) no State shall be allotted less than one-half of 1 percent
of the remainder of the sums appropriated for the fiscal year
for which the determination is made, or $100,000, whichever is
greater, and (B) Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, the United States Virgin Islands, and
the Trust Territory of the Pacific Islands shall each be
allotted an amount which is not less than one-fourth of 1
percent of the remainder of the sums appropriated for the
fiscal year for which the determination is made, or $50,000,
whichever is greater. For the purpose of the exception
contained in this paragraph the term ``State'' does not include
Guam, American Samoa, the Commonwealth of the Northern Mariana
Islands, the United States Virgin Islands, and the Trust
Territory of the Pacific Islands.
[(4) For the purpose of this subsection--
[(A) the allotment percentage of each State shall be
100 percent less that percentage which bears the same
ratio to 50 percent as the per capita income of such
State bears to the per capita income of the United
States, except that (i) the allotment percentage shall
in no case be more than 75 percent or less than 33\1/3\
percent, and (ii) the allotment percentage for the
District of Columbia, the Commonwealth of Puerto Rico,
Guam, the United States Virgin Islands, American Samoa,
the Commonwealth of the Northern Mariana Islands, and
the Trust Territory of the Pacific Islands shall be 75
percent;
[(B) the number of persons aged fifty-five or over in
any State and in all States, and the per capita income
in any State and in all States, shall be determined by
the Secretary on the basis of the most satisfactory
data available to the Secretary; and
[(C) for the purpose of determining the allotment
percentage, the term ``United States'' means the fifty
States and the District of Columbia.
[(b) The amount allotted for projects within any State under
subsection (a) for any fiscal year which the Secretary
determines will not be required for such year shall be
reallotted, from time to time and on such dates during such
year as the Secretary may fix, to projects within other States
in proportion to the original allotments to projects within
such States under subsection (a) for such year, but with such
proportionate amount for any of such other States being reduced
to the extent it exceeds the sum the Secretary estimates that
projects within such State need and will be able to use for
such year; and the total of such reductions shall be similarly
reallotted among the States whose proportionate amounts were
not so reduced. Any amount reallotted to a State under this
subsection during a year shall be deemed part of its allotment
under subsection (a) for such year.
[(c) The amount apportioned for projects within each State
under subsection (a) shall be apportioned among areas within
each such State in an equitable manner, taking into
consideration (1) the proportion which eligible individuals in
each such area bears to the total number of such individuals,
respectively, in that State, (2) the relative distribution of
such individuals residing in rural and urban areas within the
State, and (3) the relative distribution of (A) such
individuals who are individuals with greatest economic need,
(B) such individuals who are minority individuals, and (C) such
individuals who are individuals with greatest social need.
[(d) The Secretary shall require the State agency for each
State receiving funds under this title to report at the
beginning of each fiscal year on such State's compliance with
subsection (c). Such report shall include the names and
geographic location of all projects assisted under this title
and carried out in the State and the amount allotted to each
such project.
[definitions
[Sec. 507. As used in this title--
[(1) the term ``eligible individual'' means an
individual who is fifty-five years old or older, who
has a low income (including any such individual whose
income is not more than 125 percent of the poverty
line), except that, pursuant to regulations prescribed
by the Secretary, any such individual who is sixty
years old or older shall have priority for the work
opportunities provided for under this title;
[(2) the term ``community service'' means social,
health, welfare, and educational services (particularly
literacy tutoring), legal and other counseling services
and assistance, including tax counseling and assistance
and financial counseling, and library, recreational,
and other similar services; conservation, maintenance,
or restoration of natural resources; community
betterment or beautification; antipollution and
environmental quality efforts; weatherization
activities; economic development; and such other
services essential and necessary to the community as
the Secretary, by regulation, may prescribe;
[(3) the term ``program'' means the older American
community service employment program established under
this title; and
[(4) the term ``Pacific Island and Asian Americans''
means Americans having origins in any of the original
peoples of the Far East, Southeast Asia, the Indian
Subcontinent, or the Pacific Islands.
[authorization of appropriations
[Sec. 508. (a) There is authorized to be appropriated to
carry out this title--
[(1) $470,671,000 for fiscal year 1992, and such sums
as may be necessary for fiscal years 1993, 1994, and
1995; and
[(2) such additional sums as may be necessary for
each such fiscal year to enable the Secretary, through
programs under this title, to provide for at least
70,000 part-time employment positions for eligible
individuals.
For purposes of paragraph (2), ``part-time employment
position'' means an employment position within a workweek of at
least 20 hours.
[(b) Amounts appropriated under this section for any fiscal
year shall be used during the annual period which begins on
July 1 of the calendar year immediately following the beginning
of such fiscal year and which ends on June 30 of the following
calendar year. The Secretary may extend the period during which
such amounts may be obligated or expended in the case of a
particular organization or agency receiving funds under this
title if the Secretary determines that such extension is
necessary to ensure the effective use of such funds by such
organization or agency. Any such extension shall be for a
period of not more than 60 days after the end of such annual
period.
[employment assistance and federal housing and food stamp programs
[Sec. 509. Funds received by eligible individuals from
projects carried out under the program established in this
title shall not be considered to be income of such individuals
for purposes of determining the eligibility of such
individuals, or of any other persons, to participate in any
housing program for which Federal funds may be available or for
any income determination under the Food Stamp Act of 1977.
[SEC. 510. DUAL ELIGIBILITY.
In the case of projects under this title carried out jointly
with programs carried out under the Job Training Partnership
Act, eligible individuals shall be deemed to satisfy the
requirements of sections 203 and 204(d)(5)(A) of such Act (29
U.S.C. 1603, 1604(d)(5)(A)) that are applicable to adults. In
the case of projects under this title carried out jointly with
programs carried out under subtitle B of title I of the
Workforce Investment Act of 1998, eligible individuals shall be
deemed to satisfy the requirements of section 134 of such Act.
[SEC. 511. TREATMENT OF ASSISTANCE.
Assistance furnished under this title shall not be construed
to be financial assistance described in section 245A(h)(1)(A)
of the Immigration and Nationality Act (8 U.S.C.
1255a(h)(1)(A)).
[TITLE VI--GRANTS FOR NATIVE AMERICANS
[statement of purpose
[Sec. 601. It is the purpose of this title to promote the
delivery of supportive services, including nutrition services
to American Indians, Alaskan Natives, and Native Hawaiians that
are comparable to services provided under title III.
[sense of congress
[Sec. 602. It is the sense of the Congress that older
individuals who are Indians, older individuals who are Alaskan
Natives, and older individuals who are Native Hawaiians are a
vital resource entitled to all benefits and services available
and that such services and benefits should be provided in a
manner that preserves and restores their respective dignity,
self-respect, and cultural identities.
[Part A--Indian Program
[findings
[Sec. 611. (a) The Congress finds that the older individuals
who are Indians of the United States--
[(1) are a rapidly increasing population;
[(2) suffer from high unemployment;
[(3) live in poverty at a rate estimated to be as
high as 61 percent;
[(4) have a life expectancy between 3 and 4 years
less than the general population;
[(5) lack sufficient nursing homes, other long-term
care facilities, and other health care facilities;
[(6) lack sufficient Indian area agencies on aging;
[(7) frequently live in substandard and over-crowded
housing;
[(8) receive less than adequate health care;
[(9) are served under this title at a rate of less
than 19 percent of the total national population of
older individuals who are Indians living on Indian
reservations; and
[(10) are served under title III at a rate of less
than 1 percent of the total participants under that
title.
[eligibility
[Sec. 612. (a) A tribal organization of an Indian tribe is
eligible for assistance under this part only if--
[(1) the tribal organization represents at least 50
individuals who are 60 years of age or older; and
[(2) the tribal organization demonstrates the ability
to deliver supportive services, including nutritional
services.
[(b) For the purposes of this part the terms ``Indian tribe''
and ``tribal organization'' have the same meaning as in section
4 of the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450b).
[grants authorized
[Sec. 613. The Assistant Secretary may make grants to
eligible tribal organizations to pay all of the costs for
delivery of supportive services and nutrition services for
older individuals who are Indians.
[applications
[Sec. 614. (a) No grant may be made under this part unless
the eligible tribal organization submits an application to the
Assistant Secretary which meets such criteria as the Assistant
Secretary may by regulation prescribe. Each such application
shall--
[(1) provide that the eligible tribal organization
will evaluate the need for supportive and nutrition
services among older individuals who are Indians to be
represented by the tribal organizations;
[(2) provide for the use of such methods of
administration as are necessary for the proper and
efficient administration of the program to be assisted;
[(3) provide that the tribal organization will make
such reports in such form and containing such
information, as the Assistant Secretary may reasonably
require, and comply with such requirements as the
Assistant Secretary may impose to assure the
correctness of such reports;
[(4) provide for periodic evaluation of activities
and projects carried out under the application;
[(5) establish objectives consistent with the
purposes of this part toward which activities under the
application will be directed, identify obstacles to the
attainment of such objectives, and indicate the manner
in which the tribal organization proposes to overcome
such obstacles;
[(6) provide for establishing and maintaining
information and assistance services to assure that
older individuals who are Indians to be served by the
assistance made available under this part will have
reasonably convenient access to such services;
[(7) provide a preference for older individuals who
are Indians for full or part-time staff positions
whenever feasible;
[(8) provide assistance that either directly or by
way of grant or contract with appropriate entities
nutrition services will be delivered to older
individuals who are Indians represented by the tribal
organization substantially in compliance with the
provisions of part C of title III, except that in any
case in which the need for nutritional services for
older individuals who are Indians represented by the
tribal organization is already met from other sources,
the tribal organization may use the funds otherwise
required to be expended under this paragraph for
supportive services;
[(9) contain assurance that the provisions of
sections 307(a)(14)(A) (i) and (iii), 307(a)(14)(B),
and 307(a)(14)(C) will be complied with whenever the
application contains provisions for the acquisition,
alteration, or renovation of facilities to serve as
multipurpose senior centers;
[(10) provide that any legal or ombudsman services
made available to older individuals who are Indians
represented by the tribal organization will be
substantially in compliance with the provisions of
title III relating to the furnishing of similar
services;
[(11) provide satisfactory assurance that fiscal
control and fund accounting procedures will be adopted
as may be necessary to assure proper disbursement of,
and accounting for, Federal funds paid under this part
to the tribal organization, including any funds paid by
the tribal organization to a recipient of a grant or
contract; and
[(12) contain assurances that the tribal organization
will coordinate services provided under this part with
services provided under title III in the same
geographical area.
[(b) For the purpose of any application submitted under this
part, the tribal organization may develop its own population
statistics, with certification from the Bureau of Indian
Affairs, in order to establish eligibility.
[(c) The Assistant Secretary shall approve any application
which complies with the provisions of subsection (a).
[(d) Whenever the Assistant Secretary determines not to
approve an application submitted under subsection (a) the
Assistant Secretary shall--
[(1) state objections in writing to the tribal
organization within 60 days after such decision;
[(2) provide to the extent practicable technical
assistance to the tribal organization to overcome such
stated objections; and
[(3) provide the tribal organization with a hearing,
under such rules and regulations as the Assistant
Secretary may prescribe.
[(e) Whenever the Assistant Secretary approves an application
of a tribal organization under this part, funds shall be
awarded for not less than 12 months.
[SEC. 614A. DISTRIBUTION OF FUNDS AMONG TRIBAL ORGANIZATIONS.
[(a) Maintenance of 1991 Amounts.--Subject to the
availability of appropriations to carry out this part, the
amount of the grant (if any) made under this part to a tribal
organization for fiscal year 1992 and for each subsequent
fiscal year shall be not less than the amount of the grant made
under this part to the tribal organization for fiscal year
1991.
[(b) Use of Additional Amounts Appropriated.--If the funds
appropriated to carry out this part in a fiscal year subsequent
to fiscal year 1991 exceed the funds appropriated to carry out
this part in fiscal year 1991, then the amount of the grant (if
any) made under this part to a tribal organization for the
subsequent fiscal year shall be--
[(1) increased by such amount as the Assistant
Secretary considers to be appropriate, in addition to
the amount of any increase required by subsection (a),
so that the grant equals or more closely approaches the
amount of the grant made under this part to the tribal
organization for fiscal year 1980; or
[(2) an amount the Assistant Secretary considers to
be sufficient if the tribal organization did not
receive a grant under this part for either fiscal year
1980 or fiscal year 1991.
[surplus educational facilities
[Sec. 615. (a) Notwithstanding any other provision of law,
the Secretary of the Interior through the Bureau of Indian
Affairs shall make available surplus Indian educational
facilities to tribal organizations, and nonprofit organizations
with tribal approval, for use as multipurpose senior centers.
Such centers may be altered so as to provide extended care
facilities, community center facilities, nutrition services,
child care services, and other supportive services.
[(b) Each eligible tribal organization desiring to take
advantage of such surplus facilities shall submit an
application to the Secretary of the Interior at such time and
such manner, and containing or accompanied by such information,
as the Secretary of the Interior determines to be necessary to
carry out the provisions of this section.
[Part B--Native Hawaiian Program
[findings
[Sec. 621. The Congress finds the older Native Hawaiians--
[(1) have a life expectancy 10 years less than any
other ethnic group in the State of Hawaii;
[(2) rank lowest on 9 of 11 standard health indicies
for all ethnic groups in Hawaii;
[(3) are often unaware of social services and do not
know how to go about seeking such assistance; and
[(4) live in poverty at a rate of 34 percent.
[eligibility
[Sec. 622. A public or nonprofit private organization having
the capacity to provide services under this part for Native
Hawaiians is eligible for assistance under this part only if--
[(1) the organization will serve at least 50
individuals who have attained 60 years of age or older;
and
[(2) the organization demonstrates the ability to
deliver supportive services, including nutrition
services.
[grants authorized
[Sec. 623. The Assistant Secretary may make grants to public
and nonprofit private organizations to pay all of the costs for
the delivery of supportive services and nutrition services to
older Native Hawaiians.
[application
[Sec. 624. (a) No grant may be made under this part unless
the public or nonprofit private organization submits an
application to the Assistant Secretary which meets such
criteria as the Assistant Secretary may by regulation
prescribe. Each such application shall--
[(1) provide that the organization will evaluate the
need for supportive and nutrition services among older
Native Hawaiians to be represented by the organization;
[(2) provide for the use of such methods of
administration as are necessary for the proper and
efficient administration of the program to be assisted;
[(3) provide assurances that the organization will
coordinate its activities with the State agency on
aging and with the activities carried out under title
III in the same geographical area;
[(4) provide that the organization will make such
reports in such form and containing such information as
the Assistant Secretary may reasonably require, and
comply with such requirements as the Assistant
Secretary may impose to ensure the correctness of such
reports;
[(5) provide for periodic evaluation of activities
and projects carried out under the application;
[(6) establish objectives, consistent with the
purpose of this title, toward which activities
described in the application will be directed, identify
obstacles to the attainment of such objectives, and
indicate the manner in which the organization proposes
to overcome such obstacles;
[(7) provide for establishing and maintaining
information and assistance services to assure that
older Native Hawaiians to be served by the assistance
made available under this part will have reasonably
convenient access to such services;
[(8) provide a preference for Native Hawaiians 60
years of age and older for full or part-time staff
positions wherever feasible;
[(9) provide that any legal or ombudsman services
made available to older Native Hawaiians represented by
the nonprofit private organization will be
substantially in compliance with the provisions of
title III relating to the furnishing and similar
services; and
[(10) provide satisfactory assurance that the fiscal
control and fund accounting procedures will be adopted
as may be necessary to assure proper disbursement of,
and accounting for, Federal funds paid under this part
to the nonprofit private organization, including any
funds paid by the organization to a recipient of a
grant or contract.
[(b) The Assistant Secretary shall approve any application
which complies with the provisions of subsection (a).
[(c) Whenever the Assistant Secretary determines not to
approve an application submitted under subsection (a) the
Assistant Secretary shall--
[(1) state objections in writing to the nonprofit
private organization within 60 days after such
decision;
[(2) provide to the extent practicable technical
assistance to the nonprofit private organization to
overcome such stated objections; and
[(3) provide the organization with a hearing under
such rules and regulations as the Assistant Secretary
may prescribe.
[(d) Whenever the Assistant Secretary approves an application
of a nonprofit private or public organization under this part
funds shall be awarded for not less than 12 months.
[SEC. 624A. DISTRIBUTION OF FUNDS AMONG ORGANIZATIONS.
Subject to the availability of appropriations to carry out
this part, the amount of the grant (if any) made under this
part to an organization for fiscal year 1992 and for each
subsequent fiscal year shall be not less than the amount of the
grant made under this part to the organization for fiscal year
1991.
[definition
[Sec. 625. For the purpose of this part, the term ``Native
Hawaiian'' means any individual any of whose ancestors were
natives of the area which consists of the Hawaiian Islands
prior to 1778.
[Part C--General Provisions
[administration
[Sec. 631. In establishing regulations for the purpose of
part A the Assistant Secretary shall consult with the Secretary
of the Interior.
[payments
[Sec. 632. Payments may be made under this title (after
necessary adjustments, in the case of grants, on account of
previously made overpayments or underpayments) in advance or by
way of reimbursement in such installments and on such
conditions as the Assistant Secretary may determine.
[authorization of appropriations
[Sec. 633. (a) There are authorized to be appropriated
$30,000,000 for fiscal year 1992 and such sums as may be
necessary for fiscal years 1993, 1994, and 1995, to carry out
this title (other than section 615).
[(b) Of the amount appropriated under subsection (a) for each
fiscal year--
[(1) 90 percent shall be available to carry out part
A; and
[(2) 10 percent shall be available to carry out part
B.
[TITLE VII--ALLOTMENTS FOR VULNERABLE ELDER RIGHTS PROTECTION
ACTIVITIES
[Subtitle A--State Provisions
[CHAPTER 1--GENERAL STATE PROVISIONS
[SEC. 701. ESTABLISHMENT.
The Assistant Secretary, acting through the Administration,
shall establish and carry out a program for making allotments
to States to pay for the cost of carrying out vulnerable elder
rights protection activities.
[SEC. 702. AUTHORIZATION OF APPROPRIATIONS.
[(a) Ombudsman Program.--There are authorized to be
appropriated to carry out chapter 2, $40,000,000 for fiscal
year 1992 and such sums as may be necessary for fiscal years
1993, 1994, and 1995.
[(b) Prevention of Elder Abuse, Neglect, and Exploitation.--
There are authorized to be appropriated to carry out chapter 3,
$15,000,000 for fiscal year 1992 and such sums as may be
necessary for fiscal years 1993, 1994, and 1995.
[(c) State Elder Rights and Legal Assistance Development
Program.--There are authorized to be appropriated to carry out
chapter 4, $10,000,000 for fiscal year 1992 and such sums as
may be necessary for fiscal years 1993, 1994, and 1995.
[(d) Outreach, Counseling, and Assistance Program.--There are
authorized to be appropriated to carry out chapter 5,
$15,000,000 for fiscal year 1992 and such sums as may be
necessary for fiscal years 1993, 1994, and 1995.
[SEC. 703. ALLOTMENT.
[(a) In General.--
[(1) Population.--In carrying out the program
described in section 701, the Assistant Secretary shall
initially allot to each State, from the funds
appropriated under section 702 for each fiscal year, an
amount that bears the same ratio to the funds as the
population of older individuals in the State bears to
the population of older individuals in all States.
[(2) Minimum allotments.--
[(A) In general.--After making the initial
allotments described in paragraph (1), the
Assistant Secretary shall adjust the allotments
on a pro rata basis in accordance with
subparagraphs (B) and (C).
[(B) General minimum allotments.--
[(i) Minimum allotment for states.--
No State shall be allotted less than
one-half of 1 percent of the funds
appropriated under section 702 for the
fiscal year for which the determination
is made.
[(ii) Minimum allotment for
territories.--Guam, the United States
Virgin Islands, and the Trust Territory
of the Pacific Islands, shall each be
allotted not less than one-fourth of 1
percent of the funds appropriated under
section 702 for the fiscal year for
which the determination is made.
American Samoa and the Commonwealth of
the Northern Mariana Islands shall each
be allotted not less than one-sixteenth
of 1 percent of the sum appropriated
under section 702 for the fiscal year
for which the determination is made.
[(C) Minimum allotments for ombudsman and
elder abuse programs.--
[(i) Ombudsman program.--No State
shall be allotted for a fiscal year,
from the funds appropriated under
section 702(a), less than the amount
allotted to the State under section 304
in fiscal year 1991 to carry out the
State Long-Term Care Ombudsman program
under title III.
[(ii) Elder abuse programs.--No State
shall be allotted for a fiscal year,
from the funds appropriated under
section 702(b), less than the amount
allotted to the State under section 304
in fiscal year 1991 to carry out
programs with respect to the prevention
of elder abuse, neglect, and
exploitation under title III.
[(D) Definition.--For the purposes of this
paragraph, the term ``State'' does not include
Guam, American Samoa, the United States Virgin
Islands, the Trust Territory of the Pacific
Islands, and the Commonwealth of the Northern
Mariana Islands.
[(b) Reallotment.--
[(1) In general.--If the Assistant Secretary
determines that any amount allotted to a State for a
fiscal year under this section will not be used by the
State for carrying out the purpose for which the
allotment was made, the Assistant Secretary shall make
the amount available to a State that the Assistant
Secretary determines will be able to use the amount for
carrying out the purpose.
[(2) Availability.--Any amount made available to a
State from an appropriation for a fiscal year in
accordance with paragraph (1) shall, for purposes of
this subtitle, be regarded as part of the allotment of
the State (as determined under subsection (a)) for the
year, but shall remain available until the end of the
succeeding fiscal year.
[(c) Withholding.--If the Assistant Secretary finds that any
State has failed to carry out this title in accordance with the
assurances made and description provided under section 705, the
Assistant Secretary shall withhold the allotment of funds to
the State. The Assistant Secretary shall disburse the funds
withheld directly to any public or nonprofit private
institution or organization, agency, or political subdivision
of the State submitting an approved plan containing the
assurances and description.
[SEC. 704. ORGANIZATION.
In order for a State to be eligible to receive allotments
under this subtitle--
[(1) the State shall demonstrate eligibility under
section 305;
[(2) the State agency designated by the State shall
demonstrate compliance with the applicable requirements
of section 305; and
[(3) each area agency on aging designated by the
State agency and participating in such a program shall
demonstrate compliance with the applicable requirements
of section 305.
[SEC. 705. ADDITIONAL STATE PLAN REQUIREMENTS.
[(a) Eligibility.--In order to be eligible to receive an
allotment under this subtitle, a State shall include in the
State plan submitted under section 307--
[(1) an assurance that the State, in carrying out any
chapter of this subtitle for which the State receives
funding under this subtitle, will establish programs in
accordance with the requirements of the chapter and
this chapter;
[(2) an assurance that the State will hold public
hearings, and use other means, to obtain the views of
older individuals, area agencies on aging, recipients
of grants under title VI, and other interested persons
and entities regarding programs carried out under this
subtitle;
[(3) an assurance that the State, in consultation
with area agencies on aging, will identify and
prioritize statewide activities aimed at ensuring that
older individuals have access to, and assistance in
securing and maintaining, benefits and rights;
[(4) an assurance that the State will use funds made
available under this subtitle for a chapter in addition
to, and will not supplant, any funds that are expended
under any Federal or State law in existence on the day
before the date of the enactment of this subtitle, to
carry out the vulnerable elder rights protection
activities described in the chapter;
[(5) an assurance that the State will place no
restrictions, other than the requirements referred to
in clauses (i) through (iv) of section 712(a)(5)(C), on
the eligibility of entities for designation as local
Ombudsman entities under section 712(a)(5);
[(6) an assurance that, with respect to programs for
the prevention of elder abuse, neglect, and
exploitation under chapter 3--
[(A) in carrying out such programs the State
agency will conduct a program of services
consistent with relevant State law and
coordinated with existing State adult
protective service activities for--
[(i) public education to identify and
prevent elder abuse;
[(i) receipt of reports of elder
abuse;
[(iii) active participation of older
individuals participating in programs
under this Act through outreach,
conferences, and referral of such
individuals to other social service
agencies or sources of assistance if
appropriate and if the individuals to
be referred consent; and
[(iv) referral of complaints to law
enforcement or public protective
service agencies if appropriate;
[(B) the State will not permit involuntary or
coerced participation in the program of
services described in subparagraph (A) by
alleged victims, abusers, or their households;
and
[(C) all information gathered in the course
of receiving reports and making referrals shall
remain confidential except--
[(i) if all parties to such complaint
consent in writing to the release of
such information;
[(ii) if the release of such
information is to a law enforcement
agency, public protective service
agency, licensing or certification
agency, ombudsman program, or
protection or advocacy system; or
[(iii) upon court order;
[(7) an assurance that the State agency--
[(A) from funds appropriated under section
702(d) for chapter 5, will make funds available
to eligible area agencies on aging to carry out
chapter 5 and, in distributing such funds among
eligible area agencies, will give priority to
area agencies on aging based on--
[(i) the number of older individuals
with greatest economic need, and older
individuals with greatest social need,
residing in their respective planning
and service areas; and
[(ii) the inadequacy in such areas of
outreach activities and application
assistance of the type specified in
chapter 5;
[(B) will require, as a condition of
eligibility to receive funds to carry out
chapter 5, an area agency on aging to submit an
application that--
[(i) describes the activities for
which such funds are sought;
[(ii) provides for an evaluation of
such activities by the area agency on
aging; and
[(iii) includes assurances that the
area agency on aging will prepare and
submit to the State agency a report of
the activities conducted with funds
provided under this paragraph and the
evaluation of such activities;
[(C) will distribute to area agencies on
aging--
[(i) the eligibility information
received under section 202(a)(20) from
the Administration; and
[(ii) information, in written form,
explaining the requirements for
eligibility to receive medical
assistance under title XIX of the
Social Security Act (42 U.S.C. 1396 et
seq.); and
[(D) will submit to the Assistant Secretary a
report on the evaluations required to be
submitted under subparagraph (B); and
[(8) a description of the manner in which the State
agency will carry out this title in accordance with the
assurances described in paragraphs (1) through (7).
[(b) Privilege.--Neither a State, nor a State agency, may
require any provider of legal assistance under this subtitle to
reveal any information that is protected by the attorney-client
privilege.
[SEC. 706. DEMONSTRATION PROJECTS.
[(a) Establishment.--From amounts made available under
section 304(d)(1)(C) after September 30, 1992, each State may
provide for the establishment of at least one demonstration
project, to be conducted by one or more area agencies on aging
within the State, for outreach to older individuals with
greatest economic need with respect to--
[(1) benefits available under title XVI of the Social
Security Act (42 U.S.C. 1381 et seq.) (or assistance
under a State program established in accordance with
such title);
[(2) medical assistance available under title XIX of
such Act (42 U.S.C. 1396 et seq.); and
[(3) benefits available under the Food Stamp Act of
1977 (7 U.S.C. 2011 et seq.).
[(b) Benefits.--Each outreach project carried out under
subsection (a) shall--
[(1) provide to older individuals with greatest
economic need information and assistance regarding
their eligibility to receive the benefits and
assistance described in paragraphs (1) through (3) of
subsection (a);
[(2) be carried out in a planning and service area
that has a high proportion of older individuals with
greatest economic need, relative to the aggregate
number of older individuals in such area; and
[(3) be coordinated with State and local entities
that administer benefits under such titles.
[CHAPTER 2--OMBUDSMAN PROGRAMS
[SEC. 711. DEFINITIONS.
[As used in this chapter:
[(1) Office.--The term ``Office'' means the office
established in section 712(a)(1)(A).
[(2) Ombudsman.--The term ``Ombudsman'' means the
individual described in section 712(a)(2).
[(3) Local ombudsman entity.--The term ``local
Ombudsman entity'' means an entity designated under
section 712(a)(5)(A) to carry out the duties described
in section 712(a)(5)(B) with respect to a planning and
service area or other substate area.
[(4) Program.--The term ``program'' means the State
Long-Term Care Ombudsman program established in section
712(a)(1)(B).
[(5) Representative.--The term ``representative''
includes an employee or volunteer who represents an
entity designated under section 712(a)(5)(A) and who is
individually designated by the Ombudsman.
[(6) Resident.--The term ``resident'' means an older
individual who resides in a long-term care facility.
[SEC. 712. STATE LONG-TERM CARE OMBUDSMAN PROGRAM.
[(a) Establishment.--
[(1) In general.--In order to be eligible to receive
an allotment under section 703 from funds appropriated
under section 702(a), a State agency shall, in
accordance with this section--
[(A) establish and operate an Office of the
State Long-Term Care Ombudsman; and
[(B) carry out through the Office a State
Long-Term Care Ombudsman program.
[(2) Ombudsman.--The Office shall be headed by an
individual, to be known as the State Long-Term Care
Ombudsman, who shall be selected from among individuals
with expertise and experience in the fields of long-
term care and advocacy.
[(3) Functions.--The Ombudsman shall serve on a full-
time basis, and shall, personally or through
representatives of the Office--
[(A) identify, investigate, and resolve
complaints that--
[(i) are made by, or on behalf of,
residents; and
[(ii) relate to action, inaction, or
decisions, that may adversely affect
the health, safety, welfare, or rights
of the residents (including the welfare
and rights of the residents with
respect to the appointment and
activities of guardians and
representative payees), of--
[(I) providers, or
representatives of providers,
of long-term care services;
[(II) public agencies; or
[(III) health and social
service agencies;
[(B) provide services to assist the residents
in protecting the health, safety, welfare, and
rights of the residents;
[(C) inform the residents about means of
obtaining services provided by providers or
agencies described in subparagraph (A)(ii) or
services described in subparagraph (B);
[(D) ensure that the residents have regular
and timely access to the services provided
through the Office and that the residents and
complainants receive timely responses from
representatives of the Office to complaints;
[(E) represent the interests of the residents
before governmental agencies and seek
administrative, legal, and other remedies to
protect the health, safety, welfare, and rights
of the residents;
[(F) provide administrative and technical
assistance to entities designated under
paragraph (5) to assist the entities in
participating in the program;
[(G)(i) analyze, comment on, and monitor the
development and implementation of Federal,
State, and local laws, regulations, and other
governmental policies and actions, that pertain
to the health, safety, welfare, and rights of
the residents, with respect to the adequacy of
long-term care facilities and services in the
State;
[(ii) recommend any changes in such laws,
regulations, policies, and actions as the
Office determines to be appropriate; and
[(iii) facilitate public comment on the laws,
regulations, policies, and actions;
[(H)(i) provide for training representatives
of the Office;
[(ii) promote the development of citizen
organizations, to participate in the program;
and
[(iii) provide technical support for the
development of resident and family councils to
protect the well-being and rights of residents;
and
[(I) carry out such other activities as the
Assistant Secretary determines to be
appropriate.
[(4) Contracts and arrangements.--
[(A) In general.--Except as provided in
subparagraph (B), the State agency may
establish and operate the Office, and carry out
the program, directly, or by contract or other
arrangement with any public agency or nonprofit
private organization.
[(B) Licensing and certification
organizations; associations.--The State agency
may not enter into the contract or other
arrangement described in subparagraph (A)
with--
[(i) an agency or organization that
is responsible for licensing or
certifying long-term care services in
the State; or
[(ii) an association (or an affiliate
of such an association) of long-term
care facilities, or of any other
residential facilities for older
individuals.
[(5) Designation of local ombudsman entities and
representatives.--
[(A) Designation.--In carrying out the duties
of the Office, the Ombudsman may designate an
entity as a local Ombudsman entity, and may
designate an employee or volunteer to represent
the entity.
[(B) Duties.--An individual so designated
shall, in accordance with the policies and
procedures established by the Office and the
State agency--
[(i) provide services to protect the
health, safety, welfare and rights of
residents;
[(ii) ensure that residents in the
service area of the entity have
regular, timely access to
representatives of the program and
timely responses to complaints and
requests for assistance;
[(iii) identify, investigate, and
resolve complaints made by or on behalf
of residents that relate to action,
inaction, or decisions, that may
adversely affect the health, safety,
welfare, or rights of the residents;
[(iv) represent the interests of
residents before government agencies
and seek administrative, legal, and
other remedies to protect the health,
safety, welfare, and rights of the
residents;
[(v)(I) review, and if necessary,
comment on any existing and proposed
laws, regulations, and other government
policies and actions, that pertain to
the rights and well-being of residents;
and
[(II) facilitate the ability of the
public to comment on the laws,
regulations, policies, and actions;
[(vi) support the development of
resident and family councils; and
[(vii) carry out other activities
that the Ombudsman determines to be
appropriate.
[(C) Eligibility for designation.--Entities
eligible to be designated as local Ombudsman
entities, and individuals eligible to be
designated as representatives of such entities,
shall--
[(i) have demonstrated capability to
carry out the responsibilities of the
Office;
[(ii) be free of conflicts of
interest;
[(iii) in the case of the entities,
be public or nonprofit private
entities; and
[(iv) meet such additional
requirements as the Ombudsman may
specify.
[(D) Policies and procedures.--
[(i) In general.--The State agency
shall establish, in accordance with the
Office, policies and procedures for
monitoring local Ombudsman entities
designated to carry out the duties of
the Office.
[(ii) Policies.--In a case in which
the entities are grantees, or the
representatives are employees, of area
agencies on aging, the State agency
shall develop the policies in
consultation with the area agencies on
aging. The policies shall provide for
participation and comment by the
agencies and for resolution of concerns
with respect to case activity.
[(iii) Confidentiality and
disclosure.--The State agency shall
develop the policies and procedures in
accordance with all provisions of this
subtitle regarding confidentiality and
conflict of interest.
[(b) Procedures for Access.--
[(1) In general.--The State shall ensure that
representatives of the Office shall have--
[(A) access to long-term care facilities and
residents;
[(B)(i) appropriate access to review the
medical and social records of a resident, if--
[(I) the representative has the
permission of the resident, or the
legal representative of the resident;
or
[(II) the resident is unable to
consent to the review and has no legal
representative; or
[(ii) access to the records as is necessary
to investigate a complaint if--
[(I) a legal guardian of the resident
refuses to give the permission;
[(II) a representative of the Office
has reasonable cause to believe that
the guardian is not acting in the best
interests of the resident; and
[(III) the representative obtains the
approval of the Ombudsman;
[(C) access to the administrative records,
policies, and documents, to which the residents
have, or the general public has access, of
long-term care facilities; and
[(D) access to and, on request, copies of all
licensing and certification records maintained
by the State with respect to long-term care
facilities.
[(2) Procedures.--The State agency shall establish
procedures to ensure the access described in paragraph
(1).
[(c) Reporting System.--The State agency shall establish a
statewide uniform reporting system to--
[(1) collect and analyze data relating to complaints
and conditions in long-term care facilities and to
residents for the purpose of identifying and resolving
significant problems; and
[(2) submit the data, on a regular basis, to--
[(A) the agency of the State responsible for
licensing or certifying long-term care
facilities in the State;
[(B) other State and Federal entities that
the Ombudsman determines to be appropriate;
[(C) the Assistant Secretary; and
[(D) the National Ombudsman Resource Center
established in section 202(a)(21).
[(d) Disclosure.--
[(1) In general.--The State agency shall establish
procedures for the disclosure by the Ombudsman or local
Ombudsman entities of files maintained by the program,
including records described in subsection (b)(1) or
(c).
[(2) Identity of complainant or resident.--The
procedures described in paragraph (1) shall--
[(A) provide that, subject to subparagraph
(B), the files and records described in
paragraph (1) may be disclosed only at the
discretion of the Ombudsman (or the person
designated by the Ombudsman to disclose the
files and records); and
[(B) prohibit the disclosure of the identity
of any complainant or resident with respect to
whom the Office maintains such files or records
unless--
[(i) the complainant or resident, or
the legal representative of the
complainant or resident, consents to
the disclosure and the consent is given
in writing;
[(ii)(I) the complainant or resident
gives consent orally; and
[(II) the consent is documented
contemporaneously in a writing made by
a representative of the Office in
accordance with such requirements as
the State agency shall establish; or
[(iii) the disclosure is required by
court order.
[(e) Consultation.--In planning and operating the program,
the State agency shall consider the views of area agencies on
aging, older individuals, and providers of long-term care.
[(f) Conflict of Interest.--The State agency shall--
[(1) ensure that no individual, or member of the
immediate family of an individual, involved in the
designation of the Ombudsman (whether by appointment or
otherwise) or the designation of an entity designated
under subsection (a)(5), is subject to a conflict of
interest;
[(2) ensure that no officer or employee of the
Office, representative of a local Ombudsman entity, or
member of the immediate family of the officer,
employee, or representative, is subject to a conflict
of interest;
[(3) ensure that the Ombudsman--
[(A) does not have a direct involvement in
the licensing or certification of a long-term
care facility or of a provider of a long-term
care service;
[(B) does not have an ownership or investment
interest (represented by equity, debt, or other
financial relationship) in a long-term care
facility or a long-term care service;
[(C) is not employed by, or participating in
the management of, a long-term care facility;
and
[(D) does not receive, or have the right to
receive, directly or indirectly, remuneration
(in cash or in kind) under a compensation
arrangement with an owner or operator of a
long-term care facility; and
[(4) establish, and specify in writing, mechanisms to
identify and remove conflicts of interest referred to
in paragraphs (1) and (2), and to identify and
eliminate the relationships described in subparagraphs
(A) through (D) of paragraph (3), including such
mechanisms as--
[(A) the methods by which the State agency
will examine individuals, and immediate family
members, to identify the conflicts; and
[(B) the actions that the State agency will
require the individuals and such family members
to take to remove such conflicts.
[(g) Legal Counsel.--The State agency shall ensure that--
[(1)(A) adequate legal counsel is available, and is
able, without conflict of interest, to--
[(i) provide advice and consultation needed
to protect the health, safety, welfare, and
rights of residents; and
[(ii) assist the Ombudsman and
representatives of the Office in the
performance of the official duties of the
Ombudsman and representatives; and
[(B) legal representation is provided to any
representative of the Office against whom suit or other
legal action is brought or threatened to be brought in
connection with the performance of the official duties
of the Ombudsman or such a representative; and
[(2) the Office pursues administrative, legal, and
other appropriate remedies on behalf of residents.
[(h) Administration.--The State agency shall require the
Office to--
[(1) prepare an annual report--
[(A) describing the activities carried out by
the Office in the year for which the report is
prepared;
[(B) containing and analyzing the data
collected under subsection (c);
[(C) evaluating the problems experienced by,
and the complaints made by or on behalf of,
residents;
[(D) containing recommendations for--
[(i) improving quality of the care
and life of the residents; and
[(ii) protecting the health, safety,
welfare, and rights of the residents;
[(E)(i) analyzing the success of the program
including success in providing services to
residents of board and care facilities and
other similar adult care facilities; and
[(ii) identifying barriers that prevent the
optimal operation of the program; and
[(F) providing policy, regulatory, and
legislative recommendations to solve identified
problems, to resolve the complaints, to improve
the quality of care and life of residents, to
protect the health, safety, welfare, and rights
of residents, and to remove the barriers;
[(2) analyze, comment on, and monitor the development
and implementation of Federal, State, and local laws,
regulations, and other government policies and actions
that pertain to long-term care facilities and services,
and to the health, safety, welfare, and rights of
residents, in the State, and recommend any changes in
such laws, regulations, and policies as the Office
determines to be appropriate;
[(3)(A) provide such information as the Office
determines to be necessary to public and private
agencies, legislators, and other persons, regarding--
[(i) the problems and concerns of older
individuals residing in long-term care
facilities; and
[(ii) recommendations related to the problems
and concerns; and
[(B) make available to the public, and submit to the
Assistant Secretary, the chief executive officer of the
State, the State legislature, the State agency
responsible for licensing or certifying long-term care
facilities, and other appropriate governmental
entities, each report prepared under paragraph (1);
[(4)(A) not later than 1 year after the date of the
enactment of this title, establish procedures for the
training of the representatives of the Office,
including unpaid volunteers, based on model standards
established by the Director of the Office of Long-Term
Care Ombudsman Programs, in consultation with
representatives of citizen groups, long-term care
providers, and the Office, that--
[(i) specify a minimum number of hours of
initial training;
[(ii) specify the content of the training,
including training relating to--
[(I) Federal, State, and local laws,
regulations, and policies, with respect
to long-term care facilities in the
State;
[(II) investigative techniques; and
[(III) such other matters as the
State determines to be appropriate; and
[(iii) specify an annual number of hours of
in-service training for all designated
representatives; and
[(B) require implementation of the procedures not
later than 21 months after the date of the enactment of
this title;
[(5) prohibit any representative of the Office (other
than the Ombudsman) from carrying out any activity
described in subparagraphs (A) through (G) of
subsection (a)(3) unless the representative--
[(A) has received the training required under
paragraph (4); and
[(B) has been approved by the Ombudsman as
qualified to carry out the activity on behalf
of the Office;
[(6) coordinate ombudsman services with the
protection and advocacy systems for individuals with
developmental disabilities and mental illnesses
established under--
[(A) part A of the Developmental Disabilities
Assistance and Bill of Rights Act (42 U.S.C.
6001 et seq.); and
[(B) the Protection and Advocacy for Mentally
Ill Individuals Act of 1986 (42 U.S.C. 10801 et
seq.);
[(7) coordinate, to the greatest extent possible,
ombudsman services with legal assistance provided under
section 306(a)(2)(C), through adoption of memoranda of
understanding and other means; and
[(8) permit any local Ombudsman entity to carry out
the responsibilities described in paragraph (1), (2),
(3), (6), or (7).
[(i) Liability.--The State shall ensure that no
representative of the Office will be liable under State law for
the good faith performance of official duties.
[(j) Noninterference.--The State shall--
[(1) ensure that willful interference with
representatives of the Office in the performance of the
official duties of the representatives (as defined by
the Assistant Secretary) shall be unlawful;
[(2) prohibit retaliation and reprisals by a long-
term care facility or other entity with respect to any
resident, employee, or other person for filing a
complaint with, providing information to, or otherwise
cooperating with any representative of, the Office; and
[(3) provide for appropriate sanctions with respect
to the interference, retaliation, and reprisals.
[SEC. 713. REGULATIONS.
[The Assistant Secretary shall issue and periodically update
regulations respecting--
[(1) conflicts of interest by persons described in
paragraphs (1) and (2) of section 712(f); and
[(2) the relationships described in subparagraphs (A)
through (D) of section 712(f)(3).
[CHAPTER 3--PROGRAMS FOR PREVENTION OF ELDER ABUSE, NEGLECT, AND
EXPLOITATION
[SEC. 721. PREVENTION OF ELDER ABUSE, NEGLECT, AND EXPLOITATION.
[(a) Establishment.--In order to be eligible to receive an
allotment under section 703 from funds appropriated under
section 702(b), a State agency shall, in accordance with this
section, and in consultation with area agencies on aging,
develop and enhance programs for the prevention of elder abuse,
neglect, and exploitation.
[(b) Use of Allotments.--The State agency shall use an
allotment made under subsection (a) to carry out, through the
programs described in subsection (a), activities to develop,
strengthen, and carry out programs for the prevention and
treatment of elder abuse, neglect, and exploitation,
including--
[(1) providing for public education and outreach to
identify and prevent elder abuse, neglect, and
exploitation;
[(2) ensuring the coordination of services provided
by area agencies on aging with services instituted
under the State adult protection service program;
[(3) promoting the development of information and
data systems, including elder abuse reporting systems,
to quantify the extent of elder abuse, neglect, and
exploitation in the State;
[(4) conducting analyses of State information
concerning elder abuse, neglect, and exploitation and
identifying unmet service, enforcement, or intervention
needs;
[(5) conducting training for individuals,
professionals, and paraprofessionals, in relevant
fields on the identification, prevention, and treatment
of elder abuse, neglect, and exploitation, with
particular focus on prevention and enhancement of self-
determination and autonomy;
[(6) providing technical assistance to programs that
provide or have the potential to provide services for
victims of elder abuse, neglect, and exploitation and
for family members of the victims;
[(7) conducting special and on-going training, for
individuals involved in serving victims of elder abuse,
neglect, and exploitation, on the topics of self-
determination, individual rights, State and Federal
requirements concerning confidentiality, and other
topics determined by a State agency to be appropriate;
and
[(8) promoting the development of an elder abuse,
neglect, and exploitation system--
[(A) that includes a State elder abuse,
neglect, and exploitation law that includes
provisions for immunity, for persons reporting
instances of elder abuse, neglect, and
exploitation, from prosecution arising out of
such reporting, under any State or local law;
[(B) under which a State agency--
[(i) on receipt of a report of known
or suspected instances of elder abuse,
neglect, or exploitation, shall
promptly initiate an investigation to
substantiate the accuracy of the
report; and
[(ii) on a finding of elder abuse,
neglect, or exploitation, shall take
steps, including appropriate referral,
to protect the health and welfare of
the abused, neglected, or exploited
older individual;
[(C) that includes, throughout the State, in
connection with the enforcement of elder abuse,
neglect, and exploitation laws and with the
reporting of suspected instances of elder
abuse, neglect, and exploitation--
[(i) such administrative procedures;
[(ii) such personnel trained in the
special problems of elder abuse,
neglect, and exploitation prevention
and treatment;
[(iii) such training procedures;
[(iv) such institutional and other
facilities (public and private); and
[(v) such related multidisciplinary
programs and services,
as may be necessary or appropriate to ensure
that the State will deal effectively with elder
abuse, neglect, and exploitation cases in the
State;
[(D) that preserves the confidentiality of
records in order to protect the rights of older
individuals;
[(E) that provides for the cooperation of law
enforcement officials, courts of competent
jurisdiction, and State agencies providing
human services with respect to special problems
of elder abuse, neglect, and exploitation;
[(F) that enables an older individual to
participate in decisions regarding the welfare
of the older individual, and makes the least
restrictive alternatives available to an older
individual who is abused, neglected, or
exploited; and
[(G) that includes a State clearinghouse for
dissemination of information to the general
public with respect to--
[(i) the problems of elder abuse,
neglect, and exploitation;
[(ii) the facilities described in
subparagraph (C)(iv); and
[(iii) prevention and treatment
methods available to combat instances
of elder abuse, neglect, and
exploitation.
[(c) Approach.--In developing and enhancing programs under
subsection (a), the State agency shall use a comprehensive
approach, in consultation with area agencies on aging, to
identify and assist older individuals who are subject to abuse,
neglect, and exploitation, including older individuals who live
in State licensed facilities, unlicensed facilities, or
domestic or community-based settings.
[(d) Coordination.--In developing and enhancing programs
under subsection (a), the State agency shall coordinate the
programs with other State and local programs and services for
the protection of vulnerable adults, particularly vulnerable
older individuals, including programs and services such as--
[(1) area agency on aging programs;
[(2) adult protective service programs;
[(3) the State Long-Term Care Ombudsman program
established in chapter 2;
[(4) protection and advocacy programs;
[(5) facility and long-term care provider licensure
and certification programs;
[(6) medicaid fraud and abuse services, including
services provided by a State medicaid fraud control
unit, as defined in section 1903(q) of the Social
Security Act (42 U.S.C. 1396b(q));
[(7) victim assistance programs; and
[(8) consumer protection and law enforcement
programs, as well as other State and local programs
that identify and assist vulnerable older individuals.
[(e) Requirements.--In developing and enhancing programs
under subsection (a), the State agency shall--
[(1) not permit involuntary or coerced participation
in such programs by alleged victims, abusers, or
members of their households;
[(2) require that all information gathered in the
course of receiving a report described in subsection
(b)(8)(B)(i), and making a referral described in
subsection (b)(8)(B)(ii), shall remain confidential
except--
[(A) if all parties to such complaint or
report consent in writing to the release of
such information;
[(B) if the release of such information is to
a law enforcement agency, public protective
service agency, licensing or certification
agency, ombudsman program, or protection or
advocacy system; or
[(C) upon court order; and
[(3) make all reasonable efforts to resolve any
conflicts with other public agencies with respect to
confidentiality of the information described in
paragraph (2) by entering into memoranda of
understanding that narrowly limit disclosure of
information, consistent with the requirement described
in paragraph (2).
[(f) Designation.--The State agency may designate a State
entity to carry out the programs and activities described in
this chapter.
[CHAPTER 4--STATE ELDER RIGHTS AND LEGAL ASSISTANCE DEVELOPMENT PROGRAM
[SEC. 731. STATE ELDER RIGHTS AND LEGAL ASSISTANCE DEVELOPMENT.
[(a) Establishment.--
[(1) In general.--In order to be eligible to receive
an allotment under section 703 from funds appropriated
under section 702(c), a State agency shall, in
accordance with this section and in consultation with
area agencies on aging, establish a program to provide
leadership for improving the quality and quantity of
legal and advocacy assistance as a means for ensuring a
comprehensive elder rights system.
[(2) Coordination and assistance.--In carrying out
the program established under this chapter, the State
agency shall coordinate, and provide assistance to,
area agencies on aging and other entities in the State
that assist older individuals in--
[(A) understanding the rights of the older
individuals;
[(B) exercising choice;
[(C) benefiting from services and
opportunities authorized by law;
[(D) maintaining the rights of the older
individuals and, in particular, of the older
individuals with reduced capacity; and
[(E) solving disputes.
[(b) Functions.--In carrying out this chapter, the State
agency shall--
[(1) establish a focal point for elder rights policy
review, analysis, and advocacy at the State level,
including such issues as guardianship, age
discrimination, pension and health benefits, insurance,
consumer protection, surrogate decisionmaking,
protective services, public benefits, and dispute
resolution;
[(2) provide an individual who shall be known as a
State legal assistance developer, and other personnel,
sufficient to ensure--
[(A) State leadership in securing and
maintaining legal rights of older individuals;
[(B) State capacity for coordinating the
provision of legal assistance;
[(C) State capacity to provide technical
assistance, training and other supportive
functions to area agencies on aging, legal
assistance providers, ombudsmen, and other
persons as appropriate; and
[(D) State capacity to promote financial
management services for older individuals at
risk of conservatorship;
[(3)(A) develop, in conjunction with area agencies on
aging and legal assistance providers, statewide
standards for the delivery of legal assistance to older
individuals; and
[(B) provide technical assistance to area agencies on
aging and legal assistance providers to enhance and
monitor the quality and quantity of legal assistance to
older individuals, including technical assistance in
developing plans for targeting services to reach the
older individuals with greatest economic need and older
individuals with greatest social need, with particular
attention to low-income minority individuals;
[(4) provide consultation to, and ensure, the
coordination of activities with the legal assistance
provided under title III, services provided by the
Legal Service Corporation, and services provided under
chapters 2, 3, and 5, as well as other State or Federal
programs administered at the State and local levels
that address the legal assistance needs of older
individuals;
[(5) provide for the education and training of
professionals, volunteers, and older individuals
concerning elder rights, the requirements and benefits
of specific laws, and methods for enhancing the
coordination of services;
[(6) promote, and provide as appropriate, education
and training for individuals who are or might become
guardians or representative payees of older
individuals, including information on--
[(A) the powers and duties of guardians or
representative payees; and
[(B) alternatives to guardianship;
[(7) promote the development of, and provide
technical assistance concerning, pro bono legal
assistance programs, State and local bar committees on
aging, legal hot lines, alternative dispute resolution,
programs and curricula, related to the rights and
benefits of older individuals, in law schools and other
institutions of higher education, and other methods to
expand access by older individuals to legal assistance
and advocacy and vulnerable elder rights protection
activities;
[(8) provide for periodic assessments of the status
of elder rights in the State, including analysis--
[(A) of the unmet need for assistance in
resolving legal problems and benefits-related
problems, methods for expanding advocacy
services, the status of substitute
decisionmaking systems and services (including
systems and services regarding guardianship,
representative payeeship, and advance
directives), access to courts and the justice
system, and the implementation of civil rights
and age discrimination laws in the State; and
[(B) of problems and unmet needs identified
in programs established under title III and
other programs; and
[(9) for the purpose of identifying vulnerable elder
rights protection activities provided by the entities
under this chapter, and coordinating the activities
with programs established under title III and chapters
2, 3, and 5, develop working agreements with--
[(A) State entities, including the consumer
protection agency, the court system, the
attorney general, the State equal employment
opportunity commission, and other State
agencies; and
[(B) Federal entities, including the Social
Security Administration, Health Care Financing
Administration, and the Department of Veterans'
Affairs, and other entities.
[CHAPTER 5--OUTREACH, COUNSELING, AND ASSISTANCE PROGRAM
[SEC. 741. STATE OUTREACH, COUNSELING, AND ASSISTANCE PROGRAM FOR
INSURANCE AND PUBLIC BENEFITS.
[(a) Definitions.--As used in this section:
[(1) Insurance benefit.--The term ``insurance
benefit'' means a benefit under--
[(A) the medicare program established under
title XVIII of the Social Security Act (42
U.S.C. 1395 et seq.);
[(B) the medicaid program established under
title XIX of the Social Security Act (42 U.S.C.
1396 et seq.);
[(C) a public or private insurance program;
[(D) a medicare supplemental policy; or
[(E) a pension plan.
[(2) Medicare supplemental policy.--The term
``medicare supplemental policy'' has the meaning given
the term in section 1882(g)(1) of the Social Security
Act (42 U.S.C. 1395ss(g)(1)).
[(3) Pension plan.--The term ``pension plan'' means
an employee pension benefit plan, as defined in section
3(2) of the Employee Retirement Income Security Act of
1974 (29 U.S.C. 1002(2)).
[(4) Public benefit.--The term ``public benefit''
means a benefit under--
[(A) the Federal Old-Age, Survivors, and
Disability Insurance Benefits programs under
title II of the Social Security Act (42 U.S.C.
401 et seq.);
[(B) the medicare program established under
title XVIII of the Social Security Act,
including benefits as a qualified medicare
beneficiary, as defined in section 1905(p) of
the Social Security Act;
[(C) the medicaid program established under
title XIX of the Social Security Act;
[(D) the program established under the Food
Stamp Act of 1977 (7 U.S.C. 2011 et seq.);
[(E) the program established under the Low-
Income Home Energy Assistance Act of 1981 (42
U.S.C. 8621 et seq.);
[(F) the supplemental security income program
established under title XVI of the Social
Security Act (42 U.S.C. 1381 et seq.); or
[(G) a program determined to be appropriate
by the Assistant Secretary.
[(5) State insurance assistance program.--The term
``State insurance assistance program'' means the
program established under subsection (b)(1).
[(6) State public benefit assistance program.--The
term ``State public benefit assistance program'' means
the program established under subsection (b)(2).
[(b) Establishment.--In order to receive an allotment under
section 703 from funds appropriated under section 702(d), a
State agency shall, in coordination with area agencies on aging
and in accordance with this section, establish--
[(1) a program to provide to older individuals
outreach, counseling, and assistance related to
obtaining insurance benefits; and
[(2) a program to provide outreach, counseling, and
assistance to older individuals who may be eligible
for, but who are not receiving, public benefits.
[(c) Insurance and Public Benefits.--The State agency shall--
[(1) in carrying out a State insurance assistance
program--
[(A) provide information and counseling to
assist older individuals--
[(i) in filing claims and obtaining
benefits under title XVIII and title
XIX of the Social Security Act;
[(ii) in comparing medicare
supplemental policies and in filing
claims and obtaining benefits under
such policies;
[(iii) in comparing long-term care
insurance policies and in filing claims
and obtaining benefits under such
policies;
[(iv) in comparing other types of
health insurance policies not described
in clause (iii) and in filing claims
and obtaining benefits under such
policies;
[(v) in comparing life insurance
policies and in filing claims and
obtaining benefits under such policies;
[(vi) in comparing other forms of
insurance policies not described in
clause (v), in comparing pension plans,
and in filing claims and obtaining
benefits under such policies and plans
as the State agency may determine to be
necessary; and
[(vii) in comparing current and
future health and post-retirement needs
related to pension plans, and the
relationship of benefits under such
plans to insurance benefits and public
benefits;
[(B) establish a system of referrals to
appropriate providers of legal assistance, and
to appropriate agencies of the Federal or State
government regarding the problems of older
individuals related to health insurance
benefits, other insurance benefits, and public
benefits;
[(C) give priority to providing assistance to
older individuals with greatest economic need;
[(D) ensure that services provided under the
program will be coordinated with programs
established under chapters 2, 3, and 4, and
under title III;
[(E) provide for adequate and trained staff
(including volunteers) necessary to carry out
the program;
[(F) ensure that staff (including volunteers)
of the agency and of any agency or organization
described in subsection (d) will not be subject
to a conflict of interest in providing services
under the program;
[(G) provide for the collection and
dissemination of timely and accurate
information to staff (including volunteers)
related to insurance benefits and public
benefits;
[(H) provide for the coordination of
information on insurance benefits between the
staff of departments and agencies of the State
government and the staff (including volunteers)
of the program; and
[(I) make recommendations related to consumer
protection that may affect individuals eligible
for, or receiving, health or other insurance
benefits; and
[(2) in carrying out a State public benefits
assistance program--
[(A) carry out activities to identify older
individuals with greatest economic need who may
be eligible for, but who are not receiving,
public benefits;
[(B) conduct outreach activities to inform
older individuals of the requirements for
eligibility to receive such benefits;
[(C) assist older individuals in applying for
such benefits;
[(D) establish a system of referrals to
appropriate providers of legal assistance, or
to appropriate agencies of the Federal or State
government regarding the problems of older
individuals related to public benefits;
[(E) comply with the requirements specified
in subparagraphs (C) through (F) of paragraph
(1) with respect to the State public benefits
assistance program;
[(F) provide for the collection and
dissemination of timely and accurate
information to staff (including volunteers)
related to public benefits;
[(G) provide for the coordination of
information on public benefits between the
staff of State entities and the staff
(including volunteers) of the State public
benefits assistance program; and
[(H) make recommendations related to consumer
protection that may affect individuals eligible
for, or receiving, public benefits.
[(d) Administration.--The State agency may operate the State
insurance assistance program and the State public benefits
assistance program directly, in cooperation with other State
agencies, or under an agreement with a statewide nonprofit
organization, an area agency on aging, or another public or
nonprofit agency or organization.
[(e) Maintenance of Effort.--Any funds appropriated for the
activities under this chapter shall supplement, and shall not
supplant, funds that are expended for similar purposes under
any Federal, State, or local program providing insurance
benefits or public benefits.
[(f) Coordination.--A State that receives an allotment under
section 703 and receives a grant to provide services under
section 4360 of the Omnibus Reconciliation Act of 1990 (42
U.S.C. 1395b-4) shall coordinate the services with activities
provided by the State agency through the programs described in
paragraphs (1) and (2) of subsection (b).
[Subtitle B--Native American Organization Provisions
[SEC. 751. NATIVE AMERICAN PROGRAM.
[(a) Establishment.--The Assistant Secretary, acting through
the Director of the Office for American Indian, Alaskan Native,
and Native Hawaiian Aging, shall establish and carry out a
program for--
[(1) assisting eligible entities in prioritizing, on
a continuing basis, the needs of the service population
of the entities relating to elder rights; and
[(2) making grants to eligible entities to carry out
vulnerable elder rights protection activities that the
entities determine to be priorities.
[(b) Application.--In order to be eligible to receive
assistance under this subtitle, an entity shall submit an
application to the Assistant Secretary, at such time, in such
manner, and containing such information as the Assistant
Secretary may require.
[(c) Eligible Entity.--An entity eligible to receive
assistance under this section shall be--
[(1) an Indian tribe; or
[(2) a public agency, or a nonprofit organization,
serving older individuals who are Native Americans.
[(d) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section, $5,000,000 for
fiscal year 1992, and such sums as may be necessary for fiscal
years 1993, 1994, and 1995.
[Subtitle C--General Provisions
[SEC. 761. DEFINITIONS.
[As used in this title:
[(1) Elder right.--The term ``elder right'' means a
right of an older individual.
[(2) Vulnerable elder rights protection activity.--
The term ``vulnerable elder rights protection
activity'' means an activity funded under chapter 2, 3,
4, or 5 of this title.
[SEC. 762. ADMINISTRATION.
[A State agency or an entity described in section 751(c) may
carry out vulnerable elder rights protection activities either
directly or through contracts or agreements with public or
nonprofit private agencies or organizations, such as--
[(1) other State agencies;
[(2) area agencies on aging;
[(3) county governments;
[(4) institutions of higher education;
[(5) Indian tribes; or
[(6) nonprofit service providers or volunteer
organizations.
[SEC. 763. TECHNICAL ASSISTANCE.
[(a) Other Agencies.--In carrying out the provisions of this
title, the Assistant Secretary may request the technical
assistance and cooperation of such Federal entities as may be
appropriate.
[(b) Assistant Secretary.--The Assistant Secretary shall
provide technical assistance and training (by contract, grant,
or otherwise) to persons and entities that administer programs
established under this title.
[SEC. 764. AUDITS.
[(a) Access.--The Assistant Secretary, the Comptroller
General of the United States, and any duly authorized
representative of the Assistant Secretary or the Comptroller
shall have access, for the purpose of conducting an audit or
examination, to any books, documents, papers, and records that
are pertinent to financial assistance received under this
title.
[(b) Limitation.--State agencies, area agencies on aging, and
entities described in section 751(c) shall not request
information or data from providers that is not pertinent to
services furnished under this title or to a payment made for
the services.]
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Older Americans Act of 1999''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--GENERAL PROVISIONS
Subtitle A--Statement of Purpose; Definitions
Sec. 101. Purpose.
Sec. 102. Definitions.
Subtitle B--Administration
Sec. 111. Establishment of Administration on Aging.
Sec. 112. Duties of Assistant Secretary.
Sec. 113. Federal agency consultation.
Sec. 114. Powers of the Assistant Secretary.
Sec. 115. Misuse of funds by providers.
Sec. 116. Evaluations.
Sec. 117. Reports.
Sec. 118. Reduction of paperwork.
Sec. 119. Surplus property eligibility.
Sec. 120. Benefit treatment under other laws.
Sec. 121. Authorization of appropriations.
TITLE II--GRANTS FOR NATIVE AMERICAN PROGRAMS ON AGING
Sec. 201. Grants for services to Native Americans.
Sec. 202. Applications for grants.
Sec. 203. Distribution of funds among tribal organizations, Alaska
native organizations, and organizations serving Native
Hawaiians.
Sec. 204. Surplus educational facilities.
Sec. 205. Administration.
Sec. 206. Payments.
Sec. 207. Authorization of appropriations.
TITLE III--GRANTS FOR STATE AND COMMUNITY PROGRAMS ON AGING
Subtitle A--Grants for Programs on Aging
Chapter 1--General Provisions
Sec. 301. Technical assistance and cooperation.
Sec. 302. Allotments; Federal share.
Sec. 303. Eligibility of States; organization.
Sec. 304. State plans.
Sec. 305. Area plans.
Sec. 306. Planning, coordination, evaluation, and administration of
State plans.
Sec. 307. Payments.
Chapter 2--Supportive Services and Multipurpose Senior Centers
Sec. 321. Program authorized.
Chapter 3--Nutrition Services
Part I--Congregate Nutrition Services
Sec. 331. Program authorized.
Part II--Home Delivered Nutrition Services
Sec. 334. Program authorized.
Part III--Additional Requirements
Sec. 337. Nutrition.
Chapter 4--Disaster Relief Reimbursements
Sec. 341. Disaster relief reimbursements.
Subtitle B--Disease Prevention and Health Promotion Services Program
Authorized
Sec. 351. Program authorized.
Sec. 352. Distribution to area agencies on aging.
Sec. 353. Definition.
Subtitle C--Family Caregiver Programs
Sec. 361. Program authorized.
Subtitle D--Authorization of Appropriations
Sec. 391. Authorization of appropriations.
Sec. 392. Additional funds available for nutrition services.
TITLE IV--STATE LONG-TERM CARE OMBUDSMAN PROGRAMS; SERVICES FOR THE
PREVENTION AND REMEDIATION OF ELDER ABUSE, NEGLECT, AND EXPLOITATION
Subtitle A--Use of Additional Allotments
Sec. 401. Use of allotments.
Subtitle B--State Long-Term Care Ombudsman Program
Sec. 421. Requirements applicable to State long-term care ombudsman
program.
Subtitle C--Prevention and Remediation of Elder Abuse, Neglect, and
Exploitation
Sec. 441. Requirements applicable to providing services to prevent and
to remediate elder abuse, neglect, and exploitation.
Sec. 442. Manner of providing of services.
Subtitle D--Administrative Provisions; Authorizations of Appropriations
Sec. 491. Technical assistance.
Sec. 492. Audits.
Sec. 493. Authorizations of appropriations.
TITLE V--COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS
Sec. 501. Short title.
Sec. 502. Allotment and reservation of funds for community service
employment.
Sec. 503. Older american community service employment program.
Sec. 504. Participants not Federal employees.
Sec. 505. Treatment of employment assistance for purposes of Federal
housing and food stamp programs.
Sec. 506. Authorization of appropriations.
TITLE I--GENERAL PROVISIONS
Subtitle A--Statement of Purpose; Definitions
SEC. 101. PURPOSE.
It is the purpose of this Act to encourage and assist State
agencies, area agencies on aging, and tribal organizations to
concentrate resources in order to develop greater capacity and
foster the development and implementation of comprehensive and
coordinated systems to serve older individuals by entering into
cooperative arrangements in each State for the planning and
provision of supportive services, nutrition services,
multipurpose senior centers, community service employment, and
volunteer services, in order to--
(1) secure and maintain maximum independence and
dignity in a home environment for older individuals
capable of self care with appropriate supportive
services,
(2) remove individual and social barriers to economic
and personal independence for older individuals,
(3) provide a continuum of care for vulnerable older
individuals,
(4) secure the opportunity for older individuals to
receive managed in-home and community-based long-term
care services,
(5) ensure that older individuals will be protected
against abuse, neglect, and exploitation, and
(6) promote employment opportunities and community
service.
SEC. 102. DEFINITIONS.
For the purposes of this Act:
(1) Abuse.--The term ``abuse'' means (except when
such term is used in the phrase ``drug and alcohol
abuse'') the willful--
(A) infliction of injury, unreasonable
confinement, intimidation, or cruel punishment
with resulting physical harm, pain, or mental
anguish, or
(B) deprivation by a person, including a
caregiver and a caretaker, of goods or services
that are necessary to avoid physical harm,
mental anguish, or mental illness.
(2) Administration.--The term ``Administration''
means the Administration on Aging.
(3) Adult child with a disability.--The term ``adult
child with a disability'' means a child who--
(A) is 18 years of age or older,
(B) is financially dependent on an older
individual who is a parent of the child, and
(C) has a disability.
(4) Alaska native.--The term ``Alaska Native'' means
an Alaska Native who is a member of an Alaska Native
organization.
(5) Alaska native organization.--The term ``Alaska
Native organization'' means an Alaska Native village,
or an Alaskan Native regional or village corporation,
as defined in or established pursuant to the Alaska
Native Claims Settlement Act (Public Law 92-203; 85
Stat. 688), that is recognized as eligible for the
special programs and services provided by the United
States to Alaska Natives because of their status as
Alaska Natives.
(6) Area agency on aging.--The term ``area agency on
aging'' means an area agency on aging designated under
section 303(a)(2)(A) or a State agency performing the
functions of an area agency on aging under section
303(a)(1)(E).
(7) Assistant secretary.--The term ``Assistant
Secretary'' means the Assistant Secretary for Aging.
(8) Assistive technology.--The term ``assistive
technology'' means technology, engineering
methodologies, or scientific principles appropriate to
meet the needs of, and address the barriers confronted
by, older individuals with functional limitations.
(9) Board and care facility.--The term ``board and
care facility'' means an institution regulated by a
State pursuant to section 1616(e) of the Social
Security Act (42 U.S.C. 1382e(e)).
(10) Caregiver.--The term ``caregiver'' means a
family member or other individual who provides (on
behalf of such individual or of a public or private
agency, organization, or institution) uncompensated
care to an older individual who needs supportive
services.
(11) Caretaker.--The term ``caretaker'' means an
individual who has the responsibility for the care of
an older individual, either voluntarily, by contract,
by receipt of payment for care, or as a result of the
operation of law.
(12) Case management service.--The term ``case
management service''--
(A) means a service provided to an older
individual, at the direction of the older
individual or a family member of the
individual--
(i) by an individual who is trained
or experienced in the case management
skills that are required to deliver the
services and coordination described in
subparagraph (B), and
(ii) to assess the needs, and to
arrange, coordinate, and monitor an
optimum package of services to meet the
needs, of the older individual, and
(B) includes services and coordination such
as--
(i) comprehensive assessment of the
older individual (including the
physical, psychological, and social
needs of the individual),
(ii) development and implementation
of a service plan with the older
individual to mobilize the formal and
informal resources and services
identified in the assessment to meet
the needs of the older individual,
including coordination of the resources
and services--
(I) with any other plans that
exist for various formal
services, such as hospital
discharge plans, and
(II) with the information and
assistance services provided
under this Act,
(iii) coordination and monitoring of
formal and informal service delivery,
including coordination and monitoring
to ensure that services specified in
the plan are being provided,
(iv) periodic reassessment and
revision of the status of the older
individual with--
(I) the older individual, or
(II) if necessary, a primary
caregiver or family member of
the older individual, and
(v) in accordance with the wishes of
the older individual, advocacy on
behalf of the older individual for
needed services or resources.
(13) Child.--Except when it appears as part of the
term ``adult child with a disability'', the term
``child'' means an individual who is less than 18 years
of age.
(14) Client assessment.--The term ``client
assessment'' includes providing information relating to
assistive technology.
(15) Community services.--The term ``community
services'' means--
(A) social, health, welfare, and educational
services (particularly literacy tutoring),
(B) legal and other counseling services and
assistance, including tax counseling and
assistance and financial counseling,
(C) library, recreational, and other similar
services,
(D) conservation, maintenance, or restoration
of natural resources,
(E) community betterment or beautification,
(F) antipollution and environmental quality
efforts,
(G) weatherization activities,
(H) economic development, and
(I) such other services essential and
necessary to the community as the Secretary may
require by rule.
(16) Comprehensive and coordinated system.--The term
``comprehensive and coordinated system'' means a system
for providing all necessary supportive services,
including nutrition services, in a manner designed to--
(A) facilitate accessibility to, and
utilization of, all supportive services and
nutrition services provided within the
geographical area served by such system by any
public or private agency or organization,
(B) develop and make the most efficient use
of supportive services and nutrition services
in meeting the needs of older individuals,
(C) use available resources efficiently and
with a minimum of duplication, and
(D) encourage and assist public and private
entities that have unrealized potential for
meeting the service needs of older individuals
to assist the older individuals on a voluntary
basis.
(17) Disability.--The term ``disability'' means
(except when such term is used in the phrase ``severe
disability'', ``developmental disabilities'',
``physical and mental disabilities'', or ``physical
disabilities'') a disability attributable to mental or
physical impairment, or a combination of mental and
physical impairments, that results in substantial
functional limitations in 1 or more of the following
areas of major life activity: (A) self-care, (B)
receptive and expressive language, (C) learning, (D)
mobility, (E) self-direction, (F) capacity for
independent living, (G) economic self-sufficiency, (H)
cognitive functioning, and (I) emotional adjustment.
(18) Elder abuse.--The term ``elder abuse'' means
abuse of an older individual.
(19) Elder abuse, neglect, and exploitation.--The
term ``elder abuse, neglect, and exploitation'' means
abuse, neglect, and exploitation, of an older
individual.
(20) Exploitation.--The term ``exploitation'' means
the illegal or improper act or process of an
individual, including a caregiver and a caretaker,
using the resources of an older individual for monetary
or personal benefit, profit, or gain.
(21) Family caregiver services.--The term ``family
caregiver services'' means services provided to an
older individual by a caregiver to assist such
individual to reside in such individual's home with
appropriate supportive services, including personal
care services, homemaker services, chore maintenance,
and other services.
(22) Focal point.--The term ``focal point'' means an
entity that maximizes the collocation and coordination
of services for older individuals.
(23) Frail.--The term ``frail'' means, with respect
to an older individual in a State, that the older
individual is determined to be functionally impaired
because the individual--
(A)(i) is unable to perform at least two
activities of daily living without substantial
human assistance, including verbal reminding,
physical cueing, or supervision, or
(ii) at the option of the State, is unable to
perform at least three such activities without
such assistance, or
(B) due to a cognitive or other mental
impairment, requires substantial supervision
because the individual behaves in a manner that
poses a serious health or safety hazard to the
individual or to another individual.
(24) Greatest economic need.--The term ``greatest
economic need'' means the need resulting from an income
level at or below the poverty line.
(25) Greatest social need.--The term ``greatest
social need'' means the need caused by noneconomic
factors that include--
(A) physical and mental disabilities,
(B) language barriers, and
(C) cultural, social, or geographical
isolation caused by racial or ethnic status,
that--
(i) restricts the ability of an
individual to perform normal daily
tasks, or
(ii) threatens the capacity of the
individual to live independently.
(26) In-home services.--The term ``in-home services''
includes--
(A) homemaker and home health aides,
(B) visiting and telephone reassurance,
(C) chore maintenance,
(D) in-home respite care for families, and
adult day care as a respite service for
families,
(E) minor modification of homes that is
necessary to facilitate the ability of older
individuals to remain at home and that is not
available under other programs, but not at a
cost to exceed the cost established by the
State agency,
(F) personal care services, and
(G) other in-home services as defined--
(i) by the State agency in the State
plan submitted in accordance with
section 304, and
(ii) by the area agency on aging in
the area plan submitted in accordance
with section 305.
(27) Indian.--The term ``Indian'' means an Indian who
is a member of an Indian tribe.
(28) Indian tribe.--The term ``Indian tribe'' means
any tribe, band, nation, or other organized group or
community of Indians that is--
(A) recognized as eligible for the special
programs and services provided by the United
States to Indians because of their status as
Indians, or
(B) located on, or in proximity to, a Federal
or State reservation or rancheria,
except that subparagraph (B) shall not apply for
purposes of title II.
(29) Information and assistance service.--The term
``information and assistance service'' means a service
for older individuals that--
(A) provides the individuals with current
information on opportunities and services
available to the individuals within their
communities, including information relating to
assistive technology,
(B) assesses the problems and capacities of
the individuals,
(C) links the individuals to the
opportunities and services that are available,
(D) to the maximum extent practicable,
ensures that the individuals receive the
services needed by the individuals, and are
aware of the opportunities available to the
individuals, by establishing adequate followup
procedures, and
(E) serves the entire community of older
individuals, particularly--
(i) older individuals with greatest
social need, and
(ii) older individuals with greatest
economic need.
(30) Information and referral.--The term
``information and referral'' includes information
relating to assistive technology.
(31) Legal assistance.--The term ``legal
assistance''--
(A) means legal advice and representation
provided by an attorney to older individuals
with economic or social needs, and
(B) includes--
(i) to the extent feasible,
counseling or other appropriate
assistance by a paralegal or law
student under the direct supervision of
an attorney, and
(ii) counseling or representation by
a nonlawyer where permitted by law.
(32) Long-term care facility.--The term ``long-term
care facility'' means--
(A) any skilled nursing facility, as defined
in section 1819(a) of the Social Security Act
(42 U.S.C. 1395i-3(a)),
(B) any nursing facility, as defined in
section 1919(a) of the Social Security Act (42
U.S.C. 1396r(a)),
(C) for purposes of section 304(a)(8) and
title IV, a board and care facility, or
(D) any other adult care home similar to a
facility or institution described in
subparagraph (A), (B), or (C).
(33) Low-income.--The term ``low-income'' means, for
purposes of title V, income that is not more than 125
percent of the poverty line.
(34) Multipurpose senior center.--The term
``multipurpose senior center'' means a community
facility for the organization and provision of a broad
spectrum of services, which shall include provision of
health (including mental health), social, nutritional,
and educational services and the provision of
facilities for recreational activities for older
individuals.
(35) Native american.--The term ``Native American''
means--
(A) an Indian,
(B) an Alaska Native, or
(C) a Native Hawaiian.
(36) Native hawaiian.--The term ``Native Hawaiian''
means any individual any of whose ancestors were
natives of the area that consists of the Hawaiian
Islands prior to 1778,
(37) Neglect.--The term ``neglect'' means--
(A) the failure to provide for oneself the
goods or services that are necessary to avoid
physical harm, mental anguish, or mental
illness, or
(B) the failure of a caregiver or a caretaker
to provide the goods or services.
(38) Nonprofit.--The term ``nonprofit'' as applied to
any agency, institution, or organization means an
agency, institution, or organization that is, or is
owned and operated by, one or more corporations or
associations no part of the net earnings of which
inures, or may lawfully inure, to the benefit of any
private shareholder or individual.
(39) Older individual.--The term ``older individual''
means--
(A) except for purposes of title V, an
individual who is 60 years of age or older, and
(B) for purposes of title V, an individual
who is 55 years of age or older.
(40) Physical harm.--The term ``physical harm'' means
bodily injury, impairment, or disease.
(41) Planning and service area.--The term ``planning
and service area'' means an area designated by a State
agency under section 303(a)(1)(E), including a single
planning and service area described in section
303(b)(1)(E).
(42) Poverty line.--The term ``poverty line'' means
the official poverty line (as defined by the Office of
Management and Budget, and adjusted by the Secretary in
accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2)).
(43) Representative payee.--The term ``representative
payee'' means a person who is appointed by a
governmental entity to receive, on behalf of an older
individual who is unable to manage funds by reason of a
physical or mental incapacity, any funds owed to such
individual by such entity.
(44) Secretary.--The term ``Secretary'' means--
(A) except for purposes of title V, the
Secretary of Health and Human Services, and
(B) for purposes of title V, the Secretary of
Labor.
(45) Severe disability.--The term ``severe
disability'' means a severe, chronic disability
attributable to mental or physical impairment, or a
combination of mental and physical impairments, that--
(A) is likely to continue indefinitely, and
(B) results in substantial functional
limitation in 3 or more of the major life
activities specified in subparagraphs (A)
through (G) of paragraph (17).
(46) State.--The term ``State'' means any of the
several States, the District of Columbia, the Virgin
Islands of the United States, the Commonwealth of
Puerto Rico, Guam, American Samoa, or the Commonwealth
of the Northern Mariana Islands.
(47) State agency.--The term ``State agency'' means
the agency designated under section 303(a)(1).
(48) Supportive service.--The term ``supportive
service'' means a service described in section 321(a).
(49) Tribal organization.--The term ``tribal
organization'' means--
(A) except for purposes of titles II and V--
(i) the recognized governing body of
an Indian tribe, or
(ii) the legally established
organization of Indians that is
controlled, sanctioned, or chartered by
the governing body of an Indian tribe,
(B) for purposes of title II--
(i) an entity described in clause (i)
or (ii) of subparagraph (A), or
(ii) a legally established
organization of Indians that is
democratically elected by the adult
members of the Indian community to be
served by such organization and that
includes the maximum participation of
Indians in all phases of its
activities, and
(C) for purposes of title V, a public or
nonprofit private organization that is
primarily controlled by, and comprised of,
Indians or Indian tribes.
(50) Unit of general purpose local government.--The
term ``unit of general purpose local government''
means--
(A) a political subdivision of the State
whose authority is general and not limited to
only one function or combination of related
functions, or
(B) a tribal organization.
Subtitle B--Administration
SEC. 111. ESTABLISHMENT OF ADMINISTRATION ON AGING.
(a) Establishment.--There is established in the Office of the
Secretary, an Administration on Aging which shall be headed by
an Assistant Secretary for Aging. This Act shall be
administered through the Administration and under the
supervision of the Secretary.
(b) Assistant Secretary.--The Assistant Secretary shall be
appointed by the President by and with the advice and consent
of the Senate.
(c) Designation Relating to Administration of Programs
Affecting Native Americans.--The Assistant Secretary--
(1) shall establish an Office on Native Americans
within the Administration, and
(2) shall designate an individual in the
Administration who has expertise with respect to
programs and services affecting Native Americans, who
shall be responsible, under the supervision of the
Assistant Secretary, for the administration of title II
and for coordination of other programs, projects, and
activities carried out under this Act that affect
Native Americans.
(d) Designation Relating to the Administration of State Long-
Term Care Ombudsman Programs.--The Assistant Secretary--
(1) shall establish an office of long-term care
ombudsman programs, and
(2) shall designate an individual in the
Administration who shall be responsible, under the
supervision of the Assistant Secretary, for the Federal
administrative activities relating to State long-term
care ombudsman programs.
(e) Designation Relating to the Administration of Nutrition
Services.--The Assistant Secretary shall designate an
individual in the Administration who shall be responsible,
under the supervision of the Assistant Secretary, for the
administration of chapter 3 of subtitle A of title III. Such
individual shall--
(1) have expertise in nutrition and dietary services
and planning, and
(2)(A) be a registered dietitian,
(B) be a credentialed nutrition professional, or
(C) have education and training that is substantially
equivalent to the education and training for a
registered dietitian or a credentialed nutrition
professional.
SEC. 112. DUTIES OF ASSISTANT SECRETARY.
The duties of the Assistant Secretary are as follows:
(1) Advocacy.--To serve as the effective and visible
advocate for older individuals, within the Department
of Health and Human Services and with other
departments, agencies, and instrumentalities of the
Federal Government by maintaining active review of and
commenting on responsibilities of all Federal policies
affecting older individuals.
(2) Information.--To collect and disseminate
information related to problems of older individuals
and aging.
(3) Assistance to secretary.--To directly assist the
Secretary in all matters pertaining to problems of
older individuals and aging.
(4) Administration.--To administer the grants
provided and contracts made under this Act.
(5) Technical assistance.--To provide technical
assistance and consultation to States, political
subdivisions of States, tribal organizations, Alaska
Native organizations, and organizations serving Native
Hawaiians, with respect to programs for older
individuals and aging.
(6) Educational materials.--To prepare, publish, and
disseminate educational materials dealing with the
welfare of older individuals.
(7) Statistics.--To gather statistics in the field of
aging that other Federal agencies are not collecting,
and to take whatever action is necessary to achieve
coordination of activities carried out or assisted by
all departments, agencies, and instrumentalities of the
Federal Government with respect to the collection,
preparation, and dissemination of information relevant
to older individuals.
(8) Planning.--To coordinate, and to assist in, the
planning and development by public (including Federal,
State, and local agencies) and private organizations of
programs for older individuals to facilitate the
establishment of a nationwide network of comprehensive,
coordinated services and opportunities for older
individuals.
(9) Statistical data.--To collect for each fiscal
year, for fiscal years beginning after September 30,
1999, directly or by contract, statistical data
regarding programs, projects, and activities carried
out with funds provided under this Act, including--
(A) with respect to each type of service or
activity provided with such funds--
(i) the aggregate amount of such
funds expended to provide such service
or activity,
(ii) the number of individuals who
received such service or activity, and
(iii) the number of units of such
service or activity provided, and
(B) the number of multipurpose senior centers
that received such funds.
(10) Uniform data collection procedures.--To design
and implement, for purposes of compliance with
paragraph (9), uniform data collection procedures for
use by State agencies, including--
(A) uniform definitions and nomenclature,
(B) standardized data collection procedures,
(C) procedures for collecting information on
gaps in services needed by older individuals,
as identified by service providers in assisting
clients through the provision of the supportive
services, and
(D) procedures for the assessment of the
unmet need for services under this Act.
(11) Research.--To develop and arrange for research
in the field of aging, based on consultations with
individuals and organizations knowledgeable in the
field of aging.
(12) Information on community resources.--To
establish and operate, directly or by grant or
contract, a nationwide toll-free telephone line by
which individuals may obtain information and assistance
to locate community resources that may be available to
older individuals and their caregivers.
SEC. 113. FEDERAL AGENCY CONSULTATION.
The Assistant Secretary, in carrying out the purpose and
provisions of this Act, shall coordinate, advise, consult with,
and cooperate with the head of each department, agency, or
instrumentality of the Federal Government proposing or
administering programs or services substantially related to the
purpose of this Act, with respect to such programs or services.
The head of each department, agency, or instrumentality of the
Federal Government proposing to establish or modify any program
or service substantially related to the purpose of this Act
shall consult with and coordinate with the Assistant Secretary.
SEC. 114. POWERS OF THE ASSISTANT SECRETARY.
(a) Powers.--In carrying out this Act, the Assistant
Secretary may--
(1) provide consultative services and technical
assistance to public or nonprofit private agencies and
organizations,
(2) provide short-term training and technical
instruction,
(3) conduct research and demonstrations, and
(4) collect, prepare, publish, and disseminate
special educational or informational materials,
including reports on programs, projects, and activities
for which funds are provided under this Act.
(b) Technical Assistance and Cooperation.--In carrying out
the provisions of this title, the Assistant Secretary--
(1) may request the technical assistance and
cooperation of the Department of Education, the
Department of Labor, the Department of Housing and
Urban Development, the Department of Transportation,
the Office of Community Services, the Department of
Veterans Affairs, the Substance Abuse and Mental Health
Services Administration, and such other agencies and
departments of the Federal Government as may be
appropriate, and
(2) shall encourage recipients of grants and
contracts used to provide nonemergency transportation
services under this Act, to coordinate, to the maximum
extent practicable, in metropolitan areas the design
and delivery of such services with transportation
services supported by governmental entities with
financial assistance received from Federal, State, and
local governmental entities, and particularly from the
Department of Transportation.
(c) Authority To Make Grants.--From funds appropriated under
section 121(b), the Assistant Secretary may make grants to
public or nonprofit private agencies, organizations, and
institutions, and to tribal organizations, and may enter into
contracts with agencies, organizations, institutions, and
individuals for activities--
(1) to expand the Nation's knowledge and
understanding of older individuals and the aging
process,
(2) to design, to test, and to promote utilization of
innovative ideas and best practices in programs and
services for older individuals,
(3) to help meet the needs for trained personnel in
the field of aging,
(4) to increase the awareness of citizens of all ages
of the need to assume personal responsibility for their
own aging through--
(A) education and training to develop an
adequately trained workforce to work with and
on behalf of older individuals,
(B) research and policy analysis to improve
access to and delivery of services for older
individuals,
(C) development of methods and practices to
improve quality and effectiveness of such
services,
(D) demonstration of new approaches to
design, delivery, and coordination of services
and activities for older individuals,
(E) technical assistance in planning,
development, implementation, evaluation, and
improvement of programs, projects, and
activities under this Act, and
(F) dissemination of information on issues
related to aging, their impact on individuals
and society, and relating to services and
activities benefiting older individuals, and
(5)(A) to foster the development and testing of new
approaches to sustaining the efforts of families and
others who provide family caregiving services, and the
dissemination of information regarding such approaches,
and
(B) to promote quality and continuous improvement in
systems of support provided to families and others who
provide family caregiving services.
(d) Career Preparation for the Field of Aging.--
(1) Grants.--The Assistant Secretary shall make
grants to institutions of higher education,
historically Black colleges or universities, Hispanic
Centers of Excellence in Applied Gerontology, and other
educational institutions that serve the needs of
minority students, to provide education and training to
prepare students for careers in the field of aging.
(2) Definitions.--For purposes of paragraph (1):
(A) Hispanic center of excellence in applied
gerontology.--The term ``Hispanic Center of
Excellence in Applied Gerontology'' means an
institution of higher education with a program
in applied gerontology that--
(i) has a significant number of
Hispanic individuals enrolled in the
program, including individuals accepted
for enrollment in the program,
(ii) has been effective in assisting
Hispanic students of the program to
complete the program and receive the
degree involved,
(iii) has been effective in
recruiting Hispanic individuals to
attend the program, including providing
scholarships and other financial
assistance to such individuals and
encouraging Hispanic students of
secondary educational institutions to
attend the program, and
(iv) has made significant recruitment
efforts to increase the number and
placement of Hispanic individuals
serving in faculty or administrative
positions in the program.
(B) Historically black college or
university.--The term ``historically Black
college or university'' has the meaning given
the term ``part B institution'' in section
322(2) of the Higher Education Act of 1965 (20
U.S.C. 1061(2)).
(e) Pension Rights Demonstration Projects.--
(1) Definitions.--As used in this subsection:
(A) Pension rights information program.--The
term ``pension rights information program''
means a program described in paragraph (3).
(B) Pension and other retirement benefits.--
The term ``pension and other retirement
benefits'' means private, civil service, and
other public pensions and retirement benefits,
including benefits provided under--
(i) the Social Security program under
title II of the Social Security Act (42
U.S.C. 401 et seq.),
(ii) the railroad retirement program
under the Railroad Retirement Act of
1974 (45 U.S.C. 231 et seq.),
(iii) the government retirement
benefits programs under the Civil
Service Retirement System set forth in
chapter 83 of title 5, United States
Code, the Federal Employees Retirement
System set forth in chapter 84 of title
5, United States Code, or other Federal
retirement systems, or
(iv) the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1001 et
seq.).
(2) Establishment.--The Assistant Secretary shall
establish and carry out pension rights demonstration
projects.
(3) Pension rights information programs.--
(A) Use of funds.--In carrying out the
projects specified in paragraph (2), the
Assistant Secretary shall, to the extent
appropriations are available, award grants to 6
eligible entities to establish programs to
provide outreach, information, counseling,
referral, and assistance regarding pension and
other retirement benefits, and rights related
to such benefits.
(B) Award of grants.--
(i) Type of entity.--The Assistant
Secretary shall award under this
subsection--
(I) 4 grants to State
agencies or area agencies on
aging, and
(II) 2 grants to nonprofit
organizations with a proven
record of providing--
(aa) services related
to retirement of older
individuals, or
(bb) specific pension
rights counseling.
(ii) Panel.--In awarding grants under
this subsection, the Assistant
Secretary shall use a citizen advisory
panel that shall include
representatives of business, labor,
national senior advocates, and national
pension rights advocates.
(iii) Criteria.--In awarding grants
under this subsection, the Assistant
Secretary, in consultation with the
panel, shall use as criteria--
(I) evidence of commitment of
an agency or organization to
carry out a proposed pension
rights information program,
(II) the ability of the
agency or organization to
perform effective outreach to
affected populations,
particularly populations
identified as in need of
special outreach, and
(III) reliable information
that the population to be
served by the agency or
organization has a demonstrable
need for the services proposed
to be provided under the
program,
and shall give special consideration to
applicants that have not received a
grant under this subsection.
(C) Application.--
(i) In general.--To be eligible to
receive a grant under this subsection,
an entity shall submit an application
to the Assistant Secretary at such
time, in such manner, and containing
such information as the Assistant
Secretary may require by rule,
including, at a minimum--
(I) a plan for the
establishment of a pension
rights information program to
serve a specific geographical
area, and
(II) an assurance that staff
members (including volunteer
staff members) have no conflict
of interest in providing the
services described in the plan.
(ii) Plan.--The plan described in
clause (i) shall provide for a program
that--
(I) establishes a State or
area pension rights information
center,
(II) provides counseling
(including direct counseling
and assistance to individuals
needing information) and
information that may assist
individuals in establishing
rights to, obtaining, and
filing claims or complaints
related to, pension and other
retirement benefits,
(III) provides information on
sources of pension and other
retirement benefits, including
the benefits under programs
described in paragraph (1)(A),
(IV) makes referrals to legal
services and other advocacy
programs,
(V) establishes a system of
referral to State, local, and
Federal departments or agencies
related to pension and other
retirement benefits,
(VI) provides a sufficient
number of staff positions
(including volunteer positions)
to ensure information,
counseling, referral, and
assistance regarding pension
and other retirement benefits,
(VII) provides training
programs for staff members,
including volunteer staff
members of the programs
described in paragraph (1)(A),
(VIII) makes recommendations
to the Administration, the
Department of Labor, another
Federal entity, and State and
local agencies concerning
issues for older individuals
related to pension and other
retirement benefits, and
(IX) establishes an outreach
program to provide information,
counseling, referral, and
assistance regarding pension
and other retirement benefits,
with particular emphasis on
outreach to women, minorities,
and low-income retirees.
(4) Training program.--
(A) Use of funds.--In carrying out the
projects described in paragraph (2), the
Assistant Secretary shall, to the extent
appropriations are available, award a grant to
an eligible entity to establish a training
program to provide--
(i) information to the staffs of
entities operating pension rights
information programs, and
(ii) assistance to the entities and
assist such entities in the design of
program evaluation tools.
(B) Eligible entity.--Entities eligible to
receive grants under this subsection include
nonprofit private organizations with records of
providing national information, referral, and
advocacy in matters related to pension and
other retirement benefits.
(C) Application.--To be eligible to receive a
grant under this subsection, an entity shall
submit an application to the Assistant
Secretary at such time, in such manner, and
containing such information as the Assistant
Secretary may require by rule.
(5) Duration.--The Assistant Secretary may award
grants under paragraphs (3) and (4) for periods not to
exceed 18 months.
(6) Pension assistance hotline and interagency
coordination.--The Assistant Secretary shall enter into
interagency agreements for the establishment and
operation of, and dissemination of information about, a
telephone hotline for individuals seeking outreach,
information, counseling, referral, and assistance
regarding pension and other retirement benefits, and
rights related to such benefits. The Assistant
Secretary shall also enter into agreements with the
Secretary of Labor and with the heads of other Federal
agencies that regulate the provision of pension and
other retirement benefits, as the Assistant Secretary
determines to be appropriate, in order to carry out
this paragraph and to develop a nationwide public-
private pension assistance system.
(7) Report to congress.--
(A) Preparation.--The Assistant Secretary
shall prepare a report that--
(i) summarizes the distribution of
funds authorized for grants under this
section and the expenditure of such
funds,
(ii) summarizes the scope and content
of training and assistance provided
under a program carried out under this
subsection and the degree to which the
training and assistance can be
replicated,
(iii) outlines the problems that
individuals participating in programs
funded under this subsection
encountered concerning rights related
to pension and other retirement
benefits, and
(iv) makes recommendations regarding
the manner in which services provided
in programs funded under this
subsection can be incorporated into the
ongoing programs of State agencies,
area agencies on aging, multipurpose
senior centers, and other similar
entities.
(B) Submission.--Not later than 30 months
after the date of the enactment of this Act,
the Assistant Secretary shall submit the report
described in subparagraph (A) to the Committee
on Education and the Workforce of the House of
Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate.
(8) Administrative expenses.--Of the funds
appropriated to carry out this subsection for a fiscal
year, not more than $100,000 may be used by the
Administration for administrative expenses in carrying
out this subsection.
(f) Health Care Service Demonstration Projects in Rural
Areas.--
(1) Authority.--The Assistant Secretary, after
consultation with the State agency of the State
involved, shall make grants in accordance with
paragraph (3) to eligible public agencies and nonprofit
private organizations to pay part or all of the cost of
developing or operating model health care service
projects (including related home health care services,
adult day health care, outreach, and transportation)
through multipurpose senior centers that are located in
rural areas and that provide nutrition services under
section 331, to meet the health care needs of medically
underserved older individuals residing in such areas.
(2) Eligibility.--To be eligible to receive a grant
under paragraph (1), a public agency or nonprofit
private organization shall submit to the Assistant
Secretary an application containing such information
and assurances as the Secretary may require by rule,
including--
(A) information describing the nature and
extent of the applicant's--
(i) experience in providing medical
services of the kinds to be provided in
the project for which a grant is
requested, and
(ii) coordination and cooperation
with--
(I) institutions of higher
education having graduate
programs with capability in
public health, the medical
sciences, psychology,
pharmacology, nursing, social
work, health education,
nutrition, or gerontology, for
the purpose of designing and
developing such project, and
(II) critical access
hospitals (as defined in
section 1861(mm)(1) of the
Social Security Act) and rural
health clinics (as defined in
section 1861(aa)(2) of the
Social Security Act),
(B) assurances that the applicant will carry
out the project for which a grant is requested,
through a multipurpose senior center located--
(i)(I) in a rural area that has a
population of less than 5000, or
(II) in a county that has fewer than
6 individuals per square mile, and
(ii) in a State in which--
(I) not less than 33\1/3\ of
the population resides in rural
areas,
(II) not less than 5 percent
of the population resides in
counties with fewer than 6
individuals per square mile,
and
(III) older individuals
comprise--
(aa) not less than 17
percent of the
population, and
(bb) not less than 40
percent of the
population residing in
areas described in
subclauses (I) and
(II),
as defined and determined in accordance
with the most recent data then
available from the Bureau of the
Census, and
(C) assurances that the applicant will submit
to the Assistant Secretary such evaluations and
reports as the Assistant Secretary may require
by rule.
(3) Rules.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall issue
rules to carry out this subsection.
(4) Reports.--The Assistant Secretary shall include
in the reports required by section 117, summaries of
the evaluations and reports required under paragraph
(2).
SEC. 115. MISUSE OF FUNDS BY PROVIDERS.
(a) Authority To Bar Providers.--If, after notice and an
opportunity for a hearing, it is determined--
(1) by the Assistant Secretary that funds expended
under this Act (excluding title V) by a State, a State
agency, or an area agency on aging, directly or
indirectly by a grant to or contract with a provider of
goods or services, have not been expended in compliance
with this Act (excluding title V) or a regulation
issued to carry out this Act (excluding title V), or
(2) by the Secretary of Labor that funds expended
under title V by a recipient of a grant under section
503(a)(1), directly or indirectly by a grant to or
contract with a provider to provide employment to older
individuals, have not been expended in compliance with
such title or a regulation issued to carry out such
title,
then the Assistant Secretary or the Secretary, as the case may
be, may issue an order barring such provider, for a period not
to exceed 5 years as specified in such order, from receiving a
grant, or entering into a contract, to provide goods, services,
or employment with funds made available under this Act
(excluding title V) or such title, as the case may be.
(b) Effect of Order.--For the period during which an order
issued under subsection (a) is in effect, none of the funds
made available under this Act (excluding title V) or title V,
as the case may be, may be expended directly or indirectly by a
grant to or contract with the provider that is the subject of
such order.
SEC. 116. EVALUATIONS.
(a) Duty of Secretary.--The Secretary may measure and
evaluate the impact and effectiveness of all programs,
projects, and activities carried out with funds provided under
this Act. Evaluations shall be conducted by persons not
immediately involved in the administration of the programs,
projects, and activities evaluated.
(b) Sources of Evaluation Information.--In carrying out
evaluations under subsection (a), the Secretary shall--
(1) to the maximum extent practicable, arrange to
obtain the opinions of participants in the programs,
projects, and activities being evaluated, and
(2) consult with organizations concerned with the
welfare of older individuals.
SEC. 117. REPORTS.
Not later than 120 days after the end of each fiscal year
beginning after September 30, 1999, the Assistant Secretary
shall prepare and submit to the President and to the Speaker of
the House of Representatives and the President pro tempore of
the Senate, a complete report on the programs, projects, and
activities carried out under this Act in such fiscal year. Such
report shall include--
(1) statistical data reflecting services and
activities provided under this Act to older individuals
during the fiscal year for which such report is
submitted,
(2) statistical data collected under section 112(9),
and
(3) statistical data, and an analysis of information,
regarding the effectiveness of the State agency and
area agencies on aging in targeting services to older
individuals with greatest economic need and older
individuals with greatest social need (with particular
attention to low-income minority older individuals).
SEC. 118. REDUCTION OF PAPERWORK.
In order to reduce unnecessary, duplicative, or disruptive
demands for information, the Assistant Secretary, in
consultation with State agencies and other appropriate agencies
and organizations, shall continually review and evaluate all
requests by the Administration for information under this Act
and shall take such action as may be necessary to reduce the
paperwork required under this Act. The Assistant Secretary
shall request only such information as the Assistant Secretary
deems essential to carry out the purpose and provisions of this
Act and, in gathering such information, shall make use of
uniform service definitions to the extent that such definitions
are available.
SEC. 119. SURPLUS PROPERTY ELIGIBILITY.
Any State or local government agency, and any nonprofit
organization or institution, that receives funds appropriated
for programs for older individuals under this Act, under title
IV or title XX of the Social Security Act, under title VIII or
X of Public Law 88-452 (commonly known as the Economic
Opportunity Act of 1964) or the Community Services Block Grant
Act, shall be deemed to be eligible to receive for such
programs, property that is declared surplus to the needs of the
Federal Government in accordance with laws applicable to
surplus property.
SEC. 120. BENEFIT TREATMENT UNDER OTHER LAWS.
No benefit (excluding wages and cash allowances that are not
reimbursements) received under a program, project, or activity
carried out under this Act shall be treated under any Federal,
State, or local law as income or resources of an eligible
individual participating in such program, project, or activity.
SEC. 121. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--For the expenses (including salaries) of the
Administration on Aging to carry out this Act (other than
subsections (c), (d), (e), and (f) of section 114), there are
authorized to be appropriated $15,100,000 for fiscal year 2000
and such sums as may be necessary for fiscal years 2001, 2002,
2003, 2004.
(b) Research, Training, and Demonstration.--(1) There are
authorized to be appropriated to carry out subsections (c),
(d), (e), and (f) of section 114, $18,400,000 for fiscal year
2000 and such sums as may be necessary for fiscal years 2001,
2002, 2003, and 2004.
(2) Of the amount appropriated under paragraph (1) for each
fiscal year--
(A) not more than $1,000,000 shall be available to
carry out section 112(12), and
(B) subject to paragraph (3)--
(i) not less than $540,000 shall be available
to make grants under section 114(d) to Hispanic
Centers of Excellence in Applied Gerontology,
and
(ii) not less than $1,200,000 shall be
available to make grants under section 114(d)
to historically Black colleges or universities,
(C) not less than $1,000,000 shall be
available to carry out section 114(e), and
(D) not less than $1,500,000 shall be
available to carry out section 114(f).
(3) If the amount appropriated under paragraph (1) for any
fiscal year is less than the aggregate of the amounts specified
in subparagraphs (B), (C), and (D) of paragraph (2), each of
such amounts shall be reduced pro rata as necessary to cause
such aggregate to equal such amount.
TITLE II--GRANTS FOR NATIVE AMERICAN PROGRAMS ON AGING
SEC. 201. GRANTS FOR SERVICES TO NATIVE AMERICANS.
(a) Authority To Make Grants.--The Assistant Secretary may
make grants to eligible organizations to pay all of the costs
for delivery of supportive services and nutrition services for
older individuals who are Native Americans.
(b) Eligibility of Organizations.--An organization is
eligible to receive a grant under this title (excluding section
204) only if the organization is--
(1) a tribal organization that--
(A) represents at least 50 older individuals,
and
(B) demonstrates the ability to deliver
supportive services and nutritional services,
(2) an Alaska Native organization that--
(A) represents at least 50 older individuals,
and
(B) demonstrates the ability to deliver
supportive services and nutritional services,
or
(3) a public or nonprofit private organization that--
(A) will serve at least 50 older individuals
who are Native Hawaiians, and
(B) demonstrates the ability to deliver
supportive services and nutrition services.
SEC. 202. APPLICATIONS FOR GRANTS.
(a) Requirement.--A grant may not be made under this title
(excluding section 204) unless an eligible organization submits
an application to the Assistant Secretary that meets such
criteria as the Assistant Secretary may establish by rule. Each
such application shall--
(1) provide that such organization shall evaluate the
need for supportive and nutrition services among older
individuals who are--
(A) Indians represented by such organization
if such organization is a tribal organization,
(B) Alaska Natives represented by such
organization if such organization is an Alaska
Native organization, or
(C) Native Hawaiians to be served by such
organization,
(2) provide for the use of such methods of
administration as are necessary for the proper and
efficient administration of the project to be carried
out with such grant,
(3) provide an assurance that such organization will
make such reports in such form and containing such
information, as the Assistant Secretary may reasonably
require, and comply with such requirements as the
Assistant Secretary may impose to ensure the
correctness of such reports,
(4) provide for periodic evaluation of the project to
be carried out with such grant,
(5) establish objectives toward which such project
will be directed, identify obstacles to the attainment
of such objectives, and indicate the manner in which
such organization proposes to overcome such obstacles,
(6) provide for establishing and maintaining
information and assistance services to ensure that
older individuals who are served by such project will
have reasonably convenient access to the services and
activities provided by such project,
(7) provide that a preference for older individuals
who are Native Americans for full- or part-time staff
positions will be given whenever feasible,
(8) provide an assurance that, either directly or by
way of grant or contract with appropriate entities,
nutrition services will be delivered to older
individuals who are--
(A) Indians represented by such organization
if such organization is a tribal organization,
(B) Alaska Natives represented by such
organization if such organization is an Alaska
Native organization, or
(C) Native Hawaiians to be served by such
organization,
and will substantially comply with chapter 2 of
subtitle A of title III, except that in any case in
which the need of such individuals for nutritional
services is already met from other sources, such
organization may expend for supportive services the
funds otherwise required to be expended under this
paragraph,
(9) provide that any legal services or ombudsman
services made available to older individuals who are--
(A) Indians represented by such organization
if such organization is a tribal organization,
(B) Alaska Natives represented by such
organization if such organization is an Alaska
Native organization, or
(C) Native Hawaiians to be served by such
organization,
will be in substantial compliance with the provisions
of subtitle A of title III relating to the furnishing
of similar services,
(10) contain satisfactory assurances that fiscal
control and fund accounting procedures will be adopted
as may be necessary to ensure proper disbursement of,
and accounting for, Federal funds paid under this title
to such organization, including any funds paid by such
organization to a recipient of a grant or contract,
(11) contain assurances that such organization will
coordinate services provided under this title with
services provided under subtitle A of title III in the
same geographical area, and
(12) if the organization elects to solicit voluntary
contributions from older individuals, provide that such
organization will ensure that such contributions will
be--
(A) based on the ability of the older
individuals to make such contributions, and
(B) used to increase, or to expand access to,
services provided under this title.
(b) Population Statistics.--For the purpose of any
application submitted under subsection (a), an eligible
organization may develop its own population statistics, with a
certification from the Bureau of Indian Affairs, in order to
establish eligibility to receive a grant under this title.
(c) Approval of Application.--The Assistant Secretary shall
approve any application that complies with subsection (a).
(d) Application Not Approved.--Whenever the Assistant
Secretary determines not to approve an application submitted
under subsection (a) the Assistant Secretary shall--
(1) state objections in writing to the organization
within 60 days after such determination,
(2) provide, to the extent practicable, technical
assistance to the organization to overcome such stated
objections, and
(3) provide the organization with a hearing, under
such rules as the Assistant Secretary may issue.
(e) Period Funded.--Whenever the Assistant Secretary approves
an application of an organization under subsection (a), a grant
shall be made for a period of not less than 12 months.
SEC. 203. DISTRIBUTION OF FUNDS AMONG TRIBAL ORGANIZATIONS, ALASKA
NATIVE ORGANIZATIONS, AND ORGANIZATIONS SERVING
NATIVE HAWAIIANS.
(a) Maintenance of 1991 Amounts.--Subject to the availability
of appropriations to carry out this title, the amount of the
grant (if any) made under this title to a tribal organization,
an Alaska Native organization, or an organization serving
Native Hawaiians for fiscal year 2000 and for each subsequent
fiscal year shall be not less than the amount of the grant made
under title VI of the Older Americans Act of 1965 to the tribal
organization, the Alaska Native organization, or the
organization serving Native Hawaiians for fiscal year 1991.
(b) Use of Additional Amounts Appropriated.--If the amount
appropriated to carry out this title in a fiscal year
subsequent to fiscal year 2000 exceeds the amount appropriated
to carry out title VI of the Older Americans Act of 1965 in
fiscal year 1991, then the amount of the grant (if any) made
under this title to a tribal organization, an Alaska Native
organization, or an organization serving Native Hawaiians for
such subsequent fiscal year shall be--
(1) increased by such amount as the Assistant
Secretary considers to be appropriate, in addition to
the amount of any increase required by subsection (a),
so that the grant equals or more closely approaches the
amount of the grant made under title VI of the Older
Americans Act of 1965 to the tribal organization or the
Alaska Native organization for fiscal year 1980, or to
the organization serving Native Hawaiians for fiscal
year 1995, or
(2) an amount the Assistant Secretary considers to be
sufficient if the tribal organization, the Alaska
Native organization, or the organization serving Native
Hawaiians did not receive a grant under title VI of the
Older Americans Act of 1965 for either fiscal year 1980
or fiscal year 1991.
SEC. 204. SURPLUS EDUCATIONAL FACILITIES.
(a) Requirement.--Notwithstanding any other provision of law,
the Secretary of the Interior--
(1) acting through the Bureau of Indian Affairs,
shall make available surplus Indian educational
facilities and surplus Alaska Native educational
facilities to tribal organizations and Alaska Native
organizations, and to nonprofit organizations with the
approval of the Indian tribe or Alaska Native
organization involved, and
(2) shall make available to organizations described
in section 201(b)(3) any other surplus educational
facilities located in the State of Hawaii that are
under the control of the Secretary of the Interior,
for use as multipurpose senior centers. Such centers may be
altered so as to provide extended care facilities, community
center facilities, nutrition services, adult day care services,
child care services, and other supportive services.
(b) Application.--To request to receive surplus educational
facilities made available under subsection (a), a tribal
organization, an Alaska Native organization, or an organization
described in section 201(b)(3) shall submit an application to
the Secretary of the Interior at such time and in such manner,
and containing such information, as the Secretary of the
Interior determines to be necessary to carry out this section.
SEC. 205. ADMINISTRATION.
For the purpose of issuing rules to carry out this title, the
Assistant Secretary shall consult with the Secretary of the
Interior.
SEC. 206. PAYMENTS.
Payments may be made under this title (after necessary
adjustments on account of previously made overpayments or
underpayments) in advance or by way of reimbursement in such
installments and on such conditions as the Assistant Secretary
may determine.
SEC. 207. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
title $18,800,000 for fiscal year 2000 and such sums as may be
necessary for fiscal years 2001, 2002, 2003, and 2004.
TITLE III--GRANTS FOR STATE AND COMMUNITY PROGRAMS ON AGING
Subtitle A--Grants for Programs on Aging
CHAPTER 1--GENERAL PROVISIONS
SEC. 301. TECHNICAL ASSISTANCE AND COOPERATION.
In carrying out this title, the Assistant Secretary may
request the technical assistance and cooperation of such other
Federal agencies as the Assistant Secretary considers to be
appropriate.
SEC. 302. ALLOTMENTS; FEDERAL SHARE.
(a) Allotment of Funds for Supportive Services, Multipurpose
Senior Centers, and Nutrition Services.--
(1) Reservation of funds.--(A) Subject to
subparagraphs (B), (C), and (D), the amounts
appropriated under subsections (a), (b), and (c) of
section 391 for fiscal years 2000 through 2004 shall be
allotted by the Assistant Secretary among the States
proportionately based on the population of individuals
60 years of age or older in the States.
(B) Subject to subparagraph (C), the amounts allotted
under subparagraph (A) shall be reduced proportionately
to the extent necessary to increase other allotments
under such subparagraph (A) to achieve the following:
(i) Each State shall be allotted \1/2\ of 1
percent of the amount appropriated for the
fiscal year for which the determination is
made.
(ii) Guam and the Virgin Islands of the
United States shall each be allotted \1/4\ of 1
percent of the amount appropriated for the
fiscal year for which the determination is
made.
(iii) American Samoa and the Commonwealth of
the Northern Mariana Islands shall each be
allotted \1/16\ of 1 percent of the amount
appropriated for the fiscal year for which the
determination is made.
(C) For each fiscal year each State shall be allotted
an amount that is not less than the amount allotted to
such State under section 304(a)(1) of the Older
Americans Act of 1965 for fiscal year 1987.
(D) For the purposes of subparagraphs (B)(i) and (C),
the term ``State'' does not include Guam, American
Samoa, the Virgin Islands of the United States, and the
Commonwealth of the Northern Mariana Islands.
(E) The number of individuals 60 years of age or
older in any State and in all States shall be
determined by the Assistant Secretary on the basis of
the most recent data available from the Bureau of the
Census and other reliable demographic data satisfactory
to the Assistant Secretary.
(2) Withholding of funds.--(A) If the Assistant
Secretary finds that a State fails to qualify under the
State plan requirements of section 304, the Assistant
Secretary shall withhold from the State funds allotted
under paragraph (1) for the fiscal year for which such
plan is submitted.
(B) The Assistant Secretary shall disburse the funds
so withheld directly to any public or nonprofit private
institution or organization, agency, or political
subdivision of the State submitting an approved plan
under section 304, that includes an agreement that any
such funds so disbursed shall be matched in cash or in
kind, from non-Federal sources, to pay the remainder of
the cost of carrying out chapters 2 and 3 as described
in paragraph (3)(A), but not less than 15 percent of
such cost.
(3) Federal share.--(A) Funds received by a State
from allotments made under this subsection for a fiscal
year may be used to pay not more than 85 percent of the
cost of carrying out chapters 2 and 3.
(B) The non-Federal share of such cost shall be
contributed in cash or in kind. In determining the
amount of the non-Federal share, the Assistant
Secretary may attribute fair market value to services
and facilities contributed from non-Federal sources.
(b) Allotment of Additional Funds for State Long-Term Care
Ombudsman Programs and for Services for the Prevention and
Remediation of Elder Abuse, Neglect, and Exploitation.--
(1) Population.--Amounts appropriated under section
493 for a fiscal year shall be allotted by the
Assistant Secretary initially among the States
proportionately based on the population of individuals
60 years of age or older in the States.
(2) Minimum allotments.--
(A) In general.--After making the initial
allotments described in paragraph (1), the
Assistant Secretary shall adjust the allotments
on a pro rata basis in accordance with
subparagraphs (B) and (C).
(B) General minimum allotments.--
(i) Minimum allotment for states.--
Each State shall be allotted not less
than \1/2\ of 1 percent of the funds
appropriated under section 493 for the
fiscal year for which the determination
is made.
(ii) Other Minimum allotments.--Guam
and the Virgin Islands of the United
States shall each be allotted not less
than \1/4\ of 1 percent of the funds
appropriated under section 493 for the
fiscal year for which the determination
is made. American Samoa and the
Commonwealth of the Northern Mariana
Islands shall each be allotted not less
than \1/16\ of 1 percent of the amount
appropriated under section 493 for the
fiscal year for which the determination
is made.
(C) Minimum allotments for ombudsman programs
and services for the prevention of elder abuse,
neglect, and exploitation.--From funds
appropriated under section 493, each State
shall be allotted not less than the amount
allotted to such State for fiscal year 1991
under section 304 of the Older Americans Act of
1965 to carry out State long-term care
ombudsman programs and programs with respect to
the prevention of elder abuse, neglect, and
exploitation, under title III of such Act.
(D) Definition.--For the purposes of this
paragraph, the term ``State'' does not include
Guam, American Samoa, the Virgin Islands of the
United States, and the Commonwealth of the
Northern Mariana Islands.
(c) Allotment of Funds for Family Caregiver Services.--
(1)(A) Subject to paragraph (2), amounts appropriated
under section 391(d) for fiscal years 2000 through 2004
shall be allotted by the Assistant Secretary among the
States proportionately based on the population of
individuals 70 years of age or older in the States.
(B) The number of individuals 70 years of age or
older in any State and in all States shall be
determined by the Assistant Secretary on the basis of
the most recent data available from the Bureau of the
Census and other reliable demographic data satisfactory
to the Assistant Secretary.
(2) Minimum allotments.--
(A) The amounts allotted under paragraph (1)
shall be reduced proportionately to the extent
necessary to increase other allotments under
such paragraph to achieve the amounts described
in subparagraph (B).
(B)(i) Each State shall be allotted \1/2\ of
1 percent of the amount appropriated for the
fiscal year for which the determination is
made.
(ii) Guam and the Virgin Islands of the
United States shall each be allotted \1/4\ of 1
percent of the amount appropriated for the
fiscal year for which the determination is
made.
(iii) American Samoa and the Commonwealth of
the Northern Mariana Islands shall each be
allotted \1/16\ of 1 percent of the amount
appropriated for the fiscal year for which the
determination is made.
(C) For the purposes of subparagraph (B)(i), the term
``State'' does not include Guam, American Samoa, the
Virgin Islands of the United States, and the
Commonwealth of the Northern Mariana Islands.
(d) Permitted Use of Allotments.--
(1) Administration of state plans.--(A) Except as
provided in subparagraph (B), 5 percent of the
allotment made to a State under subsection (a) or
$500,000, whichever is greater, shall be available to
the State to use in accordance with section 306(a).
(B) In the case of an allotment made under subsection
(a) to Guam, American Samoa, the Virgin Islands of the
United States, and the Commonwealth of the Northern
Mariana Islands, 5 percent of such allotment or
$100,000, whichever is greater, shall be available to
each to use in accordance with section 306(a).
(2) Application to use additional funds.--(A) If the
Assistant Secretary determines, based upon a
particularized showing of need that--
(i) the State will be unable to fully and
effectively administer its State plan and to
carry out programs, projects, and activities
authorized by chapters 2 and 3 unless
additional funds are made available by the
Assistant Secretary,
(ii) the State is making full and effective
use of its allotment under paragraph (1) and of
the personnel of the State agency and area
agencies designated under section 303(a)(2)(A)
in the administration of its State plan in
accordance with section 306(a), and
(iii) the State agency and area agencies on
aging are carrying out, on a full-time basis,
programs, projects, and activities that are in
furtherance of the purpose of chapters 2 and 3,
then the Assistant Secretary may approve an application
submitted by the State to request permission to use in
accordance with section 306(a) a greater percentage of
its allotment under subsection (a).
(B) Subject to subparagraph (C), the Assistant
Secretary may approve any part of the greater
percentage requested in such application that the
Assistant Secretary determines is justified in such
application.
(C) The aggregate amount available under this
subsection to a particular State in any fiscal year may
not exceed \3/4\ of 1 percent of the allotment made
under subsection (a) for such fiscal year.
(D) An application submitted under subparagraph (A)
by a State may not be approved unless it contains
assurances that no funds received by the State under
this subsection will be used to hire any individual to
fill a job opening created by the action of the State
in laying off or terminating the employment of any
regular employee not supported under this Act in
anticipation of filling the vacancy so created by
hiring an employee to be supported through use of
amounts received under this subsection.
(3) Additional uses.--Of the allotment made under
subsection (a) to a State for a fiscal year and
remaining after the application of paragraph (1), such
part as the State agency determines, but not more than
10 percent of such remaining amount, may be used to pay
such percentage as the State agency determines, but not
more than 75 percent, of the administrative costs
incurred to carry out area plans submitted in
accordance with section 305.
SEC. 303. ELIGIBILITY OF STATES; ORGANIZATION.
(a) Eligibility of States.--For a State to be eligible to
receive funds allotted under section 302(a)--
(1) the State shall, in accordance with rules issued
by the Secretary, designate a State agency as the sole
State agency to--
(A) develop a State plan to be submitted to
the Assistant Secretary for approval under
section 304,
(B) administer the State plan within the
State,
(C) be responsible for the planning, policy
development, administration, coordination,
priority setting, and evaluation of all State
activities related to carrying out chapters 2
and 3,
(D) serve as an effective and visible
advocate for older individuals by reviewing and
commenting on all State plans, budgets, and
policies that affect older individuals, and to
provide technical assistance to any agency,
organization, or association representing the
needs of older individuals, and
(E) except as provided in subsection (d),
divide the State into distinct planning and
service areas or designate the entire State as
a single planning and service area,
(2) the State agency shall--
(A) designate an area agency on aging for
each planning and service area,
(B) take into account in the development and
administration of the State plan for any fiscal
year the views of--
(i) recipients of supportive
services, nutrition services, or
community service employment, or
(ii) individuals using multipurpose
senior centers,
as the case may be, provided under such plan,
(C) after consultation with area agencies and
using the best available data, develop and
publish for review and comment a formula for
distribution within the State of funds received
under chapters 2 and 3 that takes into
account--
(i) the geographical distribution
(including distribution in rural areas)
of older individuals in the State, and
(ii) the distribution among planning
and service areas of older individuals
with greatest economic need and older
individuals with greatest social need,
with particular attention to low-income
minority older individuals and to older
individuals residing in rural areas,
and
(D) provide an assurance that preference will
be given to providing services to older
individuals with greatest economic need and
older individuals with greatest social need,
with particular attention to low-income
minority older individuals and to older
individuals residing in rural areas, and
include in the State plan a description of the
methods the State will use to carry out such
preference.
(b) Designation of Area Agencies on Aging.--(1) An area
agency on aging designated under subsection (a) shall be--
(A) an established office of aging,
(B) any office or agency of a unit of general purpose
local government, that is designated to function only
for the purpose of serving as an area agency on aging
by the chief elected official of such unit,
(C) any office or agency designated by the
appropriate chief elected officials of any combination
of units of general purpose local government to act
only on behalf of such combination for such purpose,
(D) any public or nonprofit private agency in a
planning and service area, or any separate
organizational unit within such agency, that is under
the supervision or direction for this purpose of the
designated State agency and that can and will engage
only in the planning or provision of a broad range of
supportive services, or nutrition services within the
planning and service area, or
(E) in the case of a State designated under
subsection (a)(1)(E) as a single planning and service
area, the State agency,
and shall provide assurance, determined adequate by the State
agency, that the area agency on aging will have the ability to
develop an area plan and to carry out, directly or through
contractual or other arrangements, a program in accordance with
the plan within the planning and service area.
(2) In designating an area agency on aging within the
planning and service area or within any unit of general purpose
local government designated as a planning and service area, the
State shall give preference to an established office on aging,
unless the State agency finds that no such office within the
planning and service area will have the capacity to carry out
the area plan.
(c) Due Process.--
(1) Establishment of procedures.--A State agency
shall establish, after consultation with area agencies
on aging, procedures to provide due process to affected
parties, if the State agency initiates an action or
proceeding to change the designation of any designated
planning and service area or of any designated area
agency on aging.
(2) Requirements.--Such procedures shall include--
(A) providing notice of an action or
proceeding described in paragraph (1),
(B) documenting the need for the action or
proceeding,
(C) conducting a public hearing for the
action or proceeding,
(D) involving area agencies on aging, service
providers, and older individuals in the action
or proceeding, and
(E) allowing an appeal of the decision of the
State agency in the action or proceeding to the
Assistant Secretary.
(d) Grandfather Provision.--A State that on or before October
1, 1980, had designated, with the approval of the Commissioner
on Aging, a single planning and service area covering all of
the older individuals in the State, in which the State agency
was administering the area plan, may after that date designate
one or more additional planning and service areas within the
State to be administered by public or nonprofit private
agencies or organizations as area agencies on aging. The State
agency shall continue to perform the functions of an area
agency on aging for any area of the State not included in a
planning and service area for which an area agency on aging has
been designated.
SEC. 304. STATE PLANS.
(a) Plan.--To be eligible for grants from its allotment under
section 302(a) for any fiscal year, each State shall submit to
the Assistant Secretary a State plan for a 2-, 3-, or 4-year
period determined by the State agency, with such annual
revisions as are necessary. Each such plan shall comply with
all of the following requirements:
(1) Uniform area plan format.--The plan shall be
based upon area plans developed by area agencies on
aging within the State designated under section
303(a)(2)(A), and the State will prepare and distribute
a uniform format to be used by area agencies on aging
to submit to the State agency the area plans developed
under section 305.
(2) Approval of area plan.--The plan shall provide
that each area agency on aging designated under section
303(a)(2)(A) will develop and submit to the State
agency for approval an area plan that complies with
section 305.
(3) Evaluation of need.--The plan shall provide that
the State agency will evaluate the need for supportive
services, nutrition services (taking into consideration
the comparative need for home-delivered nutrition
services and for congregate nutrition services),
multipurpose senior centers, and community service
employment within the State in serving eligible
populations (including older individuals with greatest
economic need and older individuals with greatest
social need, with particular attention to low-income
minority older individuals and to older individuals
residing in rural areas) and will determine the extent
to which existing public or private programs meet such
need. To conduct the evaluation, the State agency shall
use the procedures implemented under section 112(10).
(4) Hearings.--The plan shall provide that the State
agency will establish a grievance procedure that will
afford an opportunity for a hearing upon request to any
area agency on aging submitting a plan under section
305, to any provider of a service under such a plan, or
to any applicant to provide a service under such a
plan. The State agency shall establish and publish the
procedures for requesting and conducting such hearing.
(5) Fiscal control and fund accounting; conflicts of
interest.--(A) The plan shall provide satisfactory
assurance that such fiscal control and fund accounting
procedures will be adopted as may be necessary to
assure proper disbursement of, and accounting for,
funds received from allotments made under section
302(a) to the State, including any such funds paid to
the recipients of a grant or contract.
(B) The plan shall provide assurances that--
(i) no individual (appointed or otherwise)
involved in the designation of the State agency
or an area agency on aging, or in the
designation of the head of any subdivision of
the State agency or of an area agency on aging,
is subject to a conflict of interest prohibited
under this subtitle,
(ii) no officer, employee, or other
representative of the State agency or an area
agency on aging is subject to a conflict of
interest prohibited under this subtitle, and
(iii) mechanisms are in place to identify and
remove conflicts of interest prohibited under
this subtitle.
(C) The plan shall provide assurances that the State
agency and each area agency on aging will--
(i) maintain the integrity and public purpose
of services provided, and service providers,
under the State plan in all contractual and
commercial relationships, and
(ii) demonstrate that the quantity or quality
of the services to be provided under the State
plan will be enhanced as a result of such
contract or such relationship.
(6) Information and assistance services.--The plan
shall provide for establishing and maintaining
information and assistance services in sufficient
numbers to ensure, to the maximum extent practicable,
that all older individuals in the State who are not
furnished adequate information and assistance services
under section 305(a)(3) will have reasonably convenient
access to such services.
(7) Limitations.--(A) The plan shall provide that no
supportive services, nutrition services, or in-home
services will be directly provided by the State agency
or an area agency on aging, except when, in the
judgment of the State agency--
(i) provision of such services by the State
agency or an area agency on aging is necessary
to ensure an adequate supply of such services,
(ii) such services are directly related to
the administrative functions of the State
agency or area agency on aging, or
(iii) such services of comparable quality can
be provided more economically by the State
agency or area agency on aging.
(B) Subparagraph (A) shall not apply with respect to
information and assistance services or to outreach.
(C) Subparagraph (A) shall not apply with respect to
case management services provided by an area agency on
aging.
(8) State long-term care ombudsman program.--Subject
to subsection (g), the plan shall provide assurances
that the State agency will carry out a State long-term
care ombudsman program in accordance with subtitles B
and D of title IV.
(9) Legal assistance.--The plan shall contain
assurances that with respect to legal assistance--
(A) that area agencies on aging--
(i) will enter into contracts with
providers of legal assistance that can
demonstrate the experience or capacity
to deliver legal assistance,
(ii) will attempt to involve the
private bar in legal assistance
activities authorized under this
chapter, including groups within the
private bar furnishing services to
older individuals on a pro bono and
reduced fee basis, and
(iii) may provide, through the use of
qualified personnel, legal assistance
related to income, health care, long-
term care, nutrition, housing,
utilities, protective services,
guardianship, abuse neglect, and age
discrimination,
(B) the State agency will provide for the
coordination of the furnishing of legal
assistance to older individuals in the State,
will provide advice and technical assistance in
the provision of legal assistance to older
individuals in the State, and will support the
furnishing of training and technical assistance
for legal assistance for older individuals, and
(C) to the extent practicable, that legal
assistance furnished under the plan will be in
addition to any legal assistance for older
individuals being furnished with funds from
sources other than this Act and that reasonable
efforts will be made to maintain existing
levels of legal assistance for older
individuals.
(10) Prevention and remediation of elder abuse,
neglect, and exploitation.--Subject to subsection (g),
and if the State elects to provide for a fiscal year
for services for the prevention and remediation of
elder abuse, neglect, and exploitation, the plan shall
contain assurances that such services will be provided
in accordance with subtitles C and D of title IV.
(11) Outreach.--The plan shall provide assurances
that the State agency will require outreach efforts
that will--
(A) identify individuals eligible for
assistance under chapters 2 and 3, with special
emphasis on--
(i) older individuals residing in
rural areas,
(ii) older individuals with greatest
economic need (with particular
attention to low-income minority older
individuals) and older individuals with
greatest social need (with particular
attention to low-income minority older
individuals),
(iii) older individuals with severe
disabilities,
(iv) older individuals with limited
English-speaking ability, and
(v) older individuals with
Alzheimer's disease or related
disorders with neurological and organic
brain dysfunction (and the caregivers
of such individuals), and
(B) inform the older individuals referred to
in clauses (i) through (v) of subparagraph (A),
and the caregivers of such individuals, of the
availability of such assistance.
(12) Older individuals with disabilities.--The plan
shall provide, with respect to the needs of older
individuals with disabilities, assurances that the
State agency will coordinate planning, identification,
assessment of needs, and services for older individuals
with disabilities (with particular attention to
individuals with severe disabilities) with the State
agencies with responsibility for individuals with
disabilities (including severe disabilities).
(13) Coordination of community-based long-term care
services.--The plan shall provide assurances that area
agencies on aging will conduct efforts to facilitate
the coordination of community-based long-term care
services, pursuant to section 305(a)(5)(G), for older
individuals who--
(A) reside at home and are at risk of
institutionalization because of limitations on
their ability to function independently,
(B) are patients in hospitals and are at risk
of prolonged institutionalization, or
(C) are patients in long-term care
facilities, but who can return to their homes
if community-based services are provided to
them.
(14) Prohibition on misuse of funds.--The plan shall
provide assurances that funds received from allotments
under section 302(a) will not be used to pay any part
of a cost (including an administrative cost) incurred
by the State or an area agency on aging to carry out a
contract or commercial relationship that is not related
to implementation of chapter 2 or 3.
(15) Coordination of services; provision of
multigenerational services.--The plan shall provide
assurances that demonstrable efforts will be made--
(A) to coordinate services provided under
chapters 2 and 3 with other State services that
benefit older individuals, and
(B) to provide multigenerational activities,
such as opportunities for older individuals to
serve as mentors or advisers in programs that
provide child care, youth day care, educational
assistance, at-risk youth intervention,
juvenile delinquency treatment, and family
support.
(16) Quality assurance.--The plan shall include
assurances that the State has in effect a mechanism to
provide for quality in the provision of services under
chapters 2 and 3.
(17) Voluntary contributions.--The plan shall
provide, after the State consults with area agencies on
aging and with service providers and provides an
opportunity for older individuals to submit comments to
the State, that recipients of services (excluding
information and assistance services, outreach, benefits
counseling, case management services, ombudsman
services, and protective services) under State plans or
area plans will be given an opportunity to voluntarily
contribute to the cost of such services.
(18) Solicitation of voluntary contributions.--The
plan shall provide that the State will permit area
agencies on aging to permit service providers to
solicit for services provided under the plan voluntary
contributions that--
(A) are based on the ability of older
individuals to make such contributions, and
(B) will be used to increase, or expand
access to, services provided under the plan.
(19) Use of vouchers to obtain services.--(A) Subject
to subparagraph (B), the plan shall identify each
specific supportive service and each nutrition service,
if any, the State agency elects to permit area agencies
on aging to provide by issuing vouchers (redeemable by
the State agency or area agency on aging) to older
individuals to permit such individuals to obtain such
service.
(B) A State agency may make an election under
subparagraph (A) with respect to a nutrition service
only if the plan includes an assurance that--
(i) such service provided in exchange for
vouchers will provide meals that satisfy the
requirements specified in section 332(2)(A),
and
(ii) an area agency on aging will be
permitted by the State agency to provide such
service by issuing such vouchers, only if the
area agency on aging is unable to provide such
service by contract with a service provider.
(20) Information on meeting needs.--The plan shall
contain information describing how the State and area
agencies on aging are meeting the needs that older
individuals have for outreach, case management
services, transportation services, information and
assistance services, in-home services, and legal
assistance.
(21) Information relating to rural areas.--The plan
shall, with respect to the fiscal year preceding the
fiscal year for which such plan is prepared, describe
the methods and difficulties in providing services to
older individuals who reside in rural areas (in
particular, problems regarding transportation and the
cost of providing services).
(22) Services in rural areas.--For each fiscal year
the plan shall identify, and take into consideration
for purposes of allocating funds to area agencies on
aging, the actual and projected additional costs for
providing services under this title, in particular the
cost of providing access to such services to older
individuals residing in rural areas.
(23) Coordination of services to blind older
individuals.--The plan shall provide, with respect to
blind older individuals, that the State agency will
coordinate services provided under this Act with
services provided under chapter 2 of title VII of the
Rehabilitation Act of 1973.
(b) Approval of State Plan.--The Assistant Secretary shall
approve any State plan that the Assistant Secretary finds
fulfills the requirements of subsection (a).
(c) Disapproval of State Plan.--(1) The Assistant Secretary
shall not make a final determination disapproving any State
plan, or any modification thereof, or make a final
determination that a State is ineligible under section 303,
without first affording the State reasonable notice and
opportunity for a hearing.
(2) Not later than 30 days after such final determination, a
State dissatisfied with such final determination may appeal
such final determination to the Secretary for review. If the
State timely appeals such final determination in accordance
with subsection (e)(1), the Secretary shall dismiss the appeal
filed under this paragraph.
(3)(A) If the State is dissatisfied with the decision of the
Secretary after review under paragraph (2), the State may
appeal such decision not later than 30 days after such decision
and in the manner described in subsection (e).
(B) For purposes of appellate review under subparagraph (A),
a reference in subsection (e) to the Assistant Secretary shall
be deemed to be a reference to the Secretary.
(d) Notification of State.--(1) Whenever the Assistant
Secretary, after providing reasonable notice and opportunity
for a hearing to the State agency, finds that--
(A) the State is not eligible under section 303,
(B) the State plan has been so changed that it no
longer complies substantially with subsection (a), or
(C) in the administration of the plan there is a
failure to comply substantially with any provision of
subsection (a),
the Assistant Secretary shall notify the State agency that no
further payments from its allotments under section 302(a) will
be made to the State (or, in the Assistant Secretary's
discretion, that further payments to the State will be limited
to projects under or portions of the State plan not affected by
such failure), until the Assistant Secretary is satisfied that
there will no longer be any failure to comply. Until the
Assistant Secretary is so satisfied, no further payments shall
be made to the State from its allotments under section 302(a)
(or payments shall be limited to projects under or portions of
the State plan not affected by such failure).
(2)(A) The Assistant Secretary shall, in accordance with
rules the Secretary shall issue, disburse the funds so withheld
directly to any public or nonprofit private organization or
agency or political subdivision of the State submitting an
approved plan in accordance with the provisions of this
section.
(B) The limitation specified in section 302(a)(3) shall apply
with respect to the use of such funds by the organization,
agency, or political subdivision that receives such funds.
(e) Appeal.--(1) A State that is dissatisfied with a final
action of the Assistant Secretary under subsection (b), (c), or
(d) may appeal to the United States court of appeals for the
circuit in which the State is located, by filing a petition
with such court within 30 days after such final action. A copy
of the petition shall be forthwith transmitted by the clerk of
the court to the Assistant Secretary, or any officer designated
by the Assistant Secretary for such purpose. The Assistant
Secretary thereupon shall file in the court the record of the
proceedings on which the Assistant Secretary's action is based,
as provided in section 2112 of title 28, United States Code.
(2) Upon the filing of such petition, the court shall have
jurisdiction to affirm the action of the Assistant Secretary or
to set it aside, in whole or in part, temporarily or
permanently, but until the filing of the record, the Assistant
Secretary may modify or set aside the Assistant Secretary's
order. The findings of the Assistant Secretary as to the facts,
if supported by substantial evidence, shall be conclusive, but
the court, for good cause shown may remand the case to the
Assistant Secretary to take further evidence, and the Assistant
Secretary shall, within 30 days, file in the court the record
of those further proceedings. Such new or modified findings of
fact shall likewise be conclusive if supported by substantial
evidence. The judgment of the court affirming or setting aside,
in whole or in part, any action of the Assistant Secretary
shall be final, subject to review by the Supreme Court of the
United States upon certiorari or certification as provided in
section 1254 of title 28, United States Code.
(3) The commencement of proceedings under this subsection
shall not, unless so specifically ordered by the court, operate
as a stay of the Assistant Secretary's action.
(f) Preservation of Attorney-Client Privilege.--Neither a
State, nor a State agency, may require any provider of legal
assistance under this chapter to reveal any information that is
protected by the attorney-client privilege.
(g) Limitation on Expenditures.--
(1) Limitation.--Not more than 15 percent of the
allotment made under section 302(a) for a fiscal year
and remaining after the application of subsection
(c)(1), may be used to carry out the State long-term
care ombudsman program described in subsection (a)(8)
and legal assistance described in subsection (a)(9),
and to provide services for the prevention of elder
abuse, neglect, and exploitation described in
subsection (a)(10).
(2) Waiver.--If the State demonstrates to the
satisfaction of the Assistant Secretary that the amount
available as a result of the application of such
paragraph is insufficient to satisfy the need for
services under the State long-term care ombudsman
program described in subsection (a)(8), the need for
legal assistance described in subsection (a)(9), and
the need for services to the prevent elder abuse,
neglect, and exploitation described in subsection
(a)(10), then the Assistant Secretary may grant a
waiver that permits the State to use an additional 5
percent of such allotment to satisfy such need.
SEC. 305. AREA PLANS.
(a) Plan.--Each area agency on aging designated under section
303(a)(2)(A) shall, in order to be approved by the State
agency, prepare and develop an area plan for a planning and
service area for a 2-, 3-, or 4-year period determined by the
State agency, with such annual adjustments as may be necessary.
Each such plan shall be based upon a uniform format for area
plans within the State. Each such plan shall comply with all of
the following requirements:
(1) Scope of plan.--The plan shall provide, through a
comprehensive and coordinated system, for--
(A) supportive services, nutrition services
(including in-home meals and congregate
nutrition services), and, where appropriate,
for the establishment or maintenance of
multipurpose senior centers, within the
planning and service area covered by the plan,
(B) determining the extent of need for
supportive services, nutrition services (taking
into consideration the comparative need for
home-delivered nutrition services and
congregate nutrition services), and
multipurpose senior centers in such area
(taking into consideration, among other things,
the number of older individuals with low
incomes residing in such area (with particular
attention to low-income minority older
individuals and to older individuals residing
in rural areas), the number of older
individuals who have greatest economic need
residing in such area, the number of older
individuals who have greatest social need
residing in such area, the number of older
individuals residing on reservations in such
area, the number of older individuals who are
Indians residing in such area, and the efforts
of voluntary organizations in the community),
(C) evaluating the effectiveness of the use
of resources in meeting such need, and
(D) entering into agreements with providers
of supportive services, nutrition services, or
multipurpose senior centers in such area, for
the provision of such services or centers to
meet such need.
(2) Promotion of independent living.--The plan shall
promote independent living through the provision of
home- and community-based care, address the nutrition
and health-promotion needs of older individuals,
provide advocacy for and protect the rights of
vulnerable older individuals in both community-based
and institutional settings, specify efforts to be
undertaken to ensure the quality of supportive services
and nutrition services provided in such settings,
enhance access to services provided under the plan, and
encourage community participation in carrying out the
plan.
(3) Information and assistance services.--The plan
shall provide for the establishment and maintenance of
information and assistance services to ensure that
older individuals within the planning and service area
covered by the plan will have reasonably convenient
access to such services, with particular emphasis on
linking services available to isolated older
individuals and older individuals with Alzheimer's
disease or related disorders with neurological and
organic brain dysfunction (and the caregivers of
individuals with such disease or disorders).
(4) Specific objectives; outreach.--(A) The plan
shall contain assurances that the area agency on aging
will set specific objectives for providing services to
older individuals with greatest economic need (with
particular attention to low-income minority older
individuals), older individuals with greatest social
need (with particular attention to low-income minority
older individuals), and to older individuals residing
in rural areas.
(B) The plan shall contain assurances that the area
agency on aging will use outreach efforts that will--
(i) identify individuals eligible for
assistance under chapters 2 and 3, with special
emphasis on--
(I) older individuals residing in
rural areas,
(II) older individuals with greatest
economic need (with particular
attention to low-income minority older
individuals) and older individuals with
greatest social need (with particular
attention to low-income minority older
individuals),
(III) older individuals with severe
disabilities,
(IV) older individuals with limited
English-speaking ability, and
(V) older individuals with
Alzheimer's disease or related
disorders with neurological and organic
brain dysfunction (and the caregivers
of such individuals), and
(ii) inform the older individuals referred to
in subclauses (I) through (V) of clause (i),
and the caregivers of such individuals, of the
availability of such assistance.
(5) Technical assistance and information; advocacy;
advisory council.--The plan shall provide that the area
agency on aging will--
(A) furnish appropriate technical assistance,
and information in a timely manner, to
providers of supportive services, nutrition
services, or multipurpose senior centers in the
planning and service area covered by the area
plan,
(B) take into account in connection with
matters of general policy arising in the
development and administration of the area
plan, the views of recipients of services under
such plan,
(C) serve as the advocate and focal point for
older individuals within the community by (in
cooperation with agencies, organizations, and
individuals participating in activities under
the plan) monitoring, evaluating, and
commenting on all policies, programs, hearings,
levies, and community actions that will affect
older individuals,
(D) establish an advisory council consisting
of older individuals who are participants or
who are eligible to participate in programs
assisted under this title, representatives of
older individuals, local elected officials,
providers of veterans' health care (if
appropriate), and the general public, to advise
continuously the area agency on aging on all
matters relating to the development of the area
plan, the administration of the plan and
operations conducted under the plan,
(E) facilitate the coordination of community-
based, long-term care services designed to
retain individuals in their homes, thereby
deferring unnecessary, costly
institutionalization, and designed to include
the development of case management services as
a component of the long-term care services,
(F) facilitate the involvement of long-term
care providers in the coordination of
community-based long-term care services and
work to ensure community awareness of and
involvement in addressing the needs of
residents of long-term care facilities,
(G) coordinate services and activities
carried out under the area plan with--
(i) activities of community-based
organizations established for the
benefit of older individuals with
Alzheimer's disease or related
disorders with neurological and organic
brain dysfunction (and the families of
such individuals), and
(ii) the mental health services
provided by community health centers
and by other public agencies and
nonprofit private organizations, and
(H) establish a grievance procedure for older
individuals who are dissatisfied with or denied
services under chapters 2 and 3.
(6) Volunteers.--The plan shall encourage, and enlist
the services of, local volunteer groups to provide
assistance and services appropriate to the unique needs
of older individuals within the planning and service
area, including coordination with programs carried out
under parts A and C of title II of the Domestic
Volunteer Service Act of 1973 (42 U.S.C. 5000 et seq.).
(7) Prevention and remediation of the abuse, neglect,
or exploitation of older individuals.--If the area
agency on aging elects to provide a program to prevent
and to remediate the abuse, neglect, or exploitation of
older individuals or is required by the State agency to
carry out such program, the plan shall--
(A) contain an assurance that the area agency
on aging will conduct such program consistent
with the provisions of this subtitle,
(B) contain an assurance that the area agency
on aging will provide public education and
outreach to identify and prevent abuse,
neglect, and exploitation of older individuals,
(C) contain an assurance that the area agency
on aging--
(i) will establish procedures for
receipt of reports of abuse, neglect,
and exploitation of older individuals,
and
(ii) upon receipt of a report of
known or suspected instances of elder
abuse, neglect, or exploitation, shall
promptly refer the reported matter to
the proper authorities for
investigation and action consistent
with State law, and
(D) specify such other activities that the
area agency determines to be beneficial in the
prevention of abuse, neglect, or exploitation
of older individuals and intends to carry out
under such program.
(8) Description of activities.--The plan shall--
(A) describe all activities of the area
agency on aging for which financial assistance
is provided to carry out chapters 2 and 3, and
(B) contain an assurance that such activities
conform with--
(i) the responsibilities of the area
agency on aging, as set forth in this
subsection, and
(ii) the laws, rules, and policies of
the State in which the area agency on
aging is carrying out an area plan.
(9) Disclosure of sources and expenditures of
funds.--The plan shall contain an assurance that the
area agency on aging will, on the request of the State
and for the purpose of monitoring compliance with this
subtitle (including conducting an audit), disclose all
sources and expenditures of funds such agency receives
or expends to provide services to older individuals.
(10) Prohibition on misuse of funds.--The plan shall
contain assurances that funds received from allotments
under section 302(a) will not be used to pay any part
of a cost (including an administrative cost) incurred
by the area agency on aging to carry out a contract or
commercial relationship that is not carried out to
implement chapters 2 and 3.
(11) Prohibition of preference.--The plan shall
contain assurances that preference in receiving
services under chapters 2 and 3 will not be given by
the area agency on aging to particular older
individuals as a result of a contract or commercial
relationship that is not carried out to implement such
chapters.
(12) Case management services.--The plan shall
provide that case management services provided under
this chapter through the area agency on aging will--
(A) not duplicate case management services
provided through other Federal and State
programs,
(B) be coordinated with services described in
subparagraph (A),
(C) include provision, to consumers, of a
list of available service providers for
appropriate care in the planning and service
area served by such agency,
(D) be provided in a manner that--
(i) gives each older individual who
requests services under this title a
statement specifying that such
individual has the right to make an
independent choice of service
providers, and
(ii) documents receipt by such
individual of such statement, and
(E) be provided by--
(i) a public agency,
(ii) a nonprofit private agency, or
(iii) directly by the area agency on
aging only if the area agency on aging
is--
(I) engaged in providing
under a State program services
substantially similar to case
management services, or
(II) designated by the State
agency to provide case
management services directly.
(13) Voluntary contributions.--The plan shall contain
assurances consistent with the State plan provisions
that satisfy the requirement specified in section
304(a)(17), that service providers will--
(A) be required--
(i) to provide to all older
individuals an opportunity to
voluntarily contribute to the cost of
services they receive under this
subtitle from such providers,
(ii) to protect the privacy of older
individuals with respect to voluntary
contributions described in subparagraph
(A),
(iii) to establish appropriate
procedures to safeguard and account for
all such contributions, and
(iv) to use such contributions
attributable to supportive services or
nutrition services to increase
supportive services or nutrition
services, respectively,
(B) be permitted--
(i) to develop a suggested voluntary
contribution schedule based on income
categories of service recipients,
taking into consideration the income
ranges of older individuals in the
community, and
(ii) to furnish written information
to each recipient about the extent of
supportive services and nutrition
services provided to such recipient and
the actual cost of such services, and
(C) not be permitted--
(i) to use a means test for the
purpose of selecting older individuals
to receive such services, or
(ii) to refuse to provide a service
to an older individual because such
individual will not or cannot
contribute to the cost of such service.
(14) Older individuals with disabilities.--The plan
shall provide, with respect to the needs of older
individuals with disabilities, assurances that the area
agency on aging will coordinate planning,
identification, assessment of needs, and services for
older individuals with disabilities (with particular
attention to individuals with severe disabilities) with
the State agency.
(15) Telephone listing.--The plan shall contain an
assurance that the area agency on aging will list the
telephone number of such agency in each telephone
directory that is published, by the provider of local
telephone service, for residents in any geographical
area that lies in whole or in part in the service and
planning area served by such agency--
(A) under the name ``Area Agency on Aging'',
(B) in the unclassified section of the
directory, and
(C) to the extent possible, in the classified
section of the directory, under a subject
heading designated by the Assistant Secretary
by regulation.
(b) Preservation of Attorney-Client Privilege.--An area
agency on aging may not require any provider of legal
assistance under this chapter to reveal any information that is
protected by the attorney-client privilege.
(c) State Authority To Withhold Funds.--(1) If the head of a
State agency finds that an area agency on aging has failed to
comply with Federal or State laws, including the area plan
requirements of this section, rules, or policies, the State may
withhold from the area agency on aging a portion of the funds
available under the allotment made under section 302(a).
(2)(A) The head of a State agency shall not make a final
determination withholding funds under paragraph (1) without
first affording the area agency on aging due process in
accordance with procedures established by the State agency.
(B) At a minimum, such procedures shall include procedures
for--
(i) providing notice of an action to withhold funds,
(ii) providing documentation of the need for such
action, and
(iii) at the request of the area agency on aging,
conducting a public hearing concerning such action.
(3)(A) If a State agency withholds the funds under paragraphs
(1) and (2), the State agency may use the funds withheld to
directly administer programs under chapters 2 and 3 in the
planning and service area served by the area agency on aging
for a period not to exceed 180 days, except as provided in
subparagraph (B).
(B) If the State agency determines that the area agency on
aging has not taken corrective action, or if the State agency
does not approve the corrective action, during the 180-day
period described in subparagraph (A), the State agency may
extend the period for not more than 90 days.
SEC. 306. PLANNING, COORDINATION, EVALUATION, AND ADMINISTRATION OF
STATE PLANS.
(a) Grants for State Activities.--(1) Amounts available to
States under section 302(e)(1) may be used to make grants to
States to pay such percentage as each State agency determines,
but not more than 75 percent, of the cost of the administration
of its State plan, including--
(A) the preparation of the State plan,
(B) the evaluation of activities carried out under
such plan,
(C) the collection of data and the carrying out of
analyses related to the need for supportive services,
nutrition services (taking into consideration the
comparative need for home-delivered nutrition services
and for congregate nutrition services), multipurpose
senior centers, and community service employment within
the State, and dissemination of information so
obtained,
(D) the provision of short-term training to personnel
of public or nonprofit private agencies and
organizations engaged in the operation of programs,
projects, and activities authorized by chapters 2 and
3, and
(E) and the carrying out of demonstration projects of
statewide significance relating to the initiation,
expansion, or improvement of services and activities
provided under chapters 2 and 3.
(2) Any funds available to a State under subsection (b) for
part of the cost of the administration of its State plan that
the State determines is not needed for such purpose may be used
by the State to supplement the amount available under section
302(e)(3)(A) to cover part of the cost of the administration of
area plans.
(3) The portion of the allotment made available under section
302(e)(1) to a State for any fiscal year, that the State
determines will not be required by the State for such year for
the purposes described in paragraph (1) shall be available to
the State to provide services under chapter 2, chapter 3, or
both, in the State.
(4) Any State that is designated under section 303(a)(1)(E) a
single planning and service area covering all, or substantially
all, of the older individuals in the State, as determined by
the Assistant Secretary, may elect to pay part of the costs of
the administration of State and area plans either out of the
amount of funds received under this section or out of the
amount of funds made available for the administration of area
plans under section 302(e)(3)(A), but shall not pay such costs
out of both such amounts.
(b) Authority To Transfer Funds.--(1)(A) Notwithstanding any
other provision of this subtitle and except as provided in
subparagraph (B), of the funds received by a State attributable
to funds appropriated under subsections (a) and (b) of section
391, the State (after consultation with area agencies on aging
and with service providers) may elect to transfer not more than
20 percent for any fiscal year between programs under chapter 2
and programs under chapter 3 for use as the State considers
appropriate. The State shall notify the Assistant Secretary of
any such election.
(B)(i) If a State demonstrates in an application, to the
satisfaction of the Assistant Secretary, that funds received by
the State and attributable to funds appropriated under
subsections (a) and (b) of section 391, (including funds
transferred under subparagraph (A) without regard to this
subparagraph) for any fiscal year are insufficient to satisfy
the need for services under chapter 2 or 3, then the Assistant
Secretary may grant a waiver that permits the State to transfer
under subparagraph (A) to satisfy such need an additional 25
percent of the funds so received for such fiscal year.
(ii) At a minimum, the application described in clause (i)
shall include a description of the amount to be transferred,
the purposes of the transfer, the need for the transfer, and
the impact of the transfer on the provision of services from
which the funding will be transferred. The Assistant Secretary
shall approve or deny the application in writing.
(C) Notwithstanding any other provision of this subtitle,
with respect to funds received by a State and attributable to
funds appropriated under paragraph (1) or (2) of section
391(b), the State may elect in its plan under section 304
regarding chapter 3, to transfer not more than 50 percent of
the funds so received between part I and part II of such
chapter, for use as the State considers appropriate to meet the
needs of the area served.
(2) After consultation with service providers, a State agency
may delegate to an area agency on aging or any other entity the
authority to make a transfer under paragraph (1).
(3) The Assistant Secretary shall annually collect, and
include in the report required by section 117, data regarding
the transfers described in paragraph (1), including--
(A) the amount of funds involved in the transfers,
analyzed by State, and
(B) in the case of transfers described in paragraph
(1), the effect of the transfers on the provision of
services provided under--
(i) chapter 2, and
(ii) chapter 3, including the effect on the
number of meals served.
SEC. 307. PAYMENTS.
Payments of grants, or under contracts, made under chapters 2
and 3 may be made (after necessary adjustments resulting from
previously made overpayments or underpayments) in advance or by
way of reimbursement, and in such installments, as the
Assistant Secretary may determine.
CHAPTER 2--SUPPORTIVE SERVICES AND MULTIPURPOSE SENIOR CENTERS
SEC. 321. PROGRAM AUTHORIZED.
The Assistant Secretary shall carry out a program for making
grants to States under State plans approved under section 304
for any of the following supportive services that are necessary
for the general welfare of older individuals:
(1) Health (including mental health), education and
training, welfare, informational, recreational,
homemaker, counseling, or referral services.
(2) Services designed to encourage and assist older
individuals to use the facilities and services
(including information and assistance services)
available to them, including language translation
services to assist older individuals with limited-
English speaking ability to obtain services under this
chapter.
(3) Services designed--
(A) to assist older individuals to obtain
adequate housing, including residential repair
and renovation projects designed to enable
older individuals to maintain their homes in
conformity with minimum housing standards,
(B) to adapt homes to meet the needs of older
individuals with disabilities,
(C) to prevent unlawful entry into residences
of older individuals, through the installation
of security devices and through structural
modifications or alterations of such
residences, or
(D) to receive applications from older
individuals for housing under section 202 of
the Housing Act of 1959 (12 U.S.C. 1701Q) or
under any federally assisted housing program
designed to assist older individuals.
(4) Services designed to assist older individuals to
avoid institutionalization, and services designed to
assist individuals in long-term care institutions who
are able to return to their communities, including--
(A) client assessment services, and
development and coordination of community-based
services,
(B) in-home services for frail older
individuals, including services for older
individuals with Alzheimer's disease and
related disorders with neurological and organic
brain dysfunction (and for families of such
individuals),
(C) supportive activities to meet the special
needs of caretakers, including caretakers who
provide in-home services to frail older
individuals, and
(D) in-home and other community-based
services to assist older individuals to live
independently in a home environment, including
home health, homemaker, shopping, escort,
reader, and letter-writing services.
(5) Services designed to provide to older individuals
information and counseling relating to making choices
offered under titles XVIII and XIX of the Social
Security Act (relating to Medicare and Medicaid), and
other health care plans.
(6) Services designed to provide to older individuals
legal assistance and other counseling services and
assistance, including--
(A) tax counseling and assistance, financial
counseling, and counseling regarding
appropriate health and life insurance coverage,
(B) representation--
(i) of individuals who are wards (or
are allegedly incapacitated), and
(ii) in guardianship proceedings of
older individuals who seek to become
guardians, if other adequate
representation is unavailable in the
proceedings, and
(C) provision, to older individuals who
provide uncompensated care to their adult
children with disabilities, of counseling to
assist such older individuals with permanency
planning for such children.
(7) Services designed to enable older individuals to
attain and maintain physical and mental well-being
through programs of regular physical activity.
(8) Activities designed to promote disease prevention
and health promotion.
(9) Services designed to provide, for older
individuals, preretirement counseling and assistance in
planning for and assessing future post-retirement needs
with regard to public and private insurance, public
benefits, lifestyle changes, relocation, legal matters,
leisure time, and other appropriate matters.
(10) Services of an ombudsman to receive,
investigate, and act on complaints by older individuals
who are residents of long-term care facilities and to
advocate for the well-being of such individuals.
(11) Services that are designed to meet the unique
needs of older individuals who are disabled, and of
older individuals who provide uncompensated care to
their adult children with disabilities.
(12) Services to encourage the employment of older
individuals, including job and second career counseling
and, where appropriate, job development, referral, and
placement.
(13) Services for the prevention of abuse, neglect,
or exploitation of older individuals.
(14) Crime prevention services and victim assistance
programs for older individuals.
(15) Health and nutrition education services,
including information concerning prevention, diagnosis,
treatment, and rehabilitation of age-related diseases
and chronic disabling conditions.
(16) Services designed to enable mentally impaired
older individuals to attain and maintain emotional
well-being and independent living through a coordinated
system of supportive services.
(17) Services designed to provide information and
training for individuals who are or may become
guardians or representative payees of older
individuals, including information on the powers and
duties of guardians and representative payees and on
alternatives to guardianships.
(18) Services to encourage and facilitate regular
interaction between school-age children and older
individuals, including visits in long-term care
facilities, multipurpose senior centers, and other
settings.
(19) Services to assist in the operation of
multipurpose senior centers.
(20) Services that provide reasonable opportunities
for older individuals to participate on a voluntary
basis in multigenerational activities.
(21) Transportation services to facilitate access to
the services authorized by this subsection to be
provided.
(22) Any other services.
CHAPTER 3--NUTRITION SERVICES
PART I--CONGREGATE NUTRITION SERVICES
SEC. 331. PROGRAM AUTHORIZED.
The Assistant Secretary shall carry out a program for making
grants to States under State plans approved under section 304
for the establishment and operation of nutrition projects--
(1) which, 5 or more days a week (except in a rural
area where such frequency is not feasible (as defined
by the Assistant Secretary by regulation) and a lesser
frequency is approved by the State agency), provide at
least one hot or other appropriate meal per day and any
additional meals which the recipient of a grant or
contract under this subpart may elect to provide,
(2) which shall be provided in congregate settings
(including adult day care settings), and
(3) which may include nutrition education services
and other appropriate nutrition services for older
individuals.
PART II--HOME DELIVERED NUTRITION SERVICES
SEC. 334. PROGRAM AUTHORIZED.
The Assistant Secretary shall carry out a program for making
grants to States under State plans approved under section 304
for the establishment and operation of nutrition projects for
older individuals which, 5 or more days a week (except in a
rural area where such frequency is not feasible (as defined by
the Assistant Secretary by regulation) and a lesser frequency
is approved by the State agency), provide at least one home
delivered hot, cold, frozen, dried, canned, or supplemental
foods (with a satisfactory storage life) meal per day and any
additional meals which the recipient of a grant or contract
under this subpart may elect to provide.
PART III--ADDITIONAL REQUIREMENTS
SEC. 337. NUTRITION.
A State that establishes and operates a nutrition project
under this chapter shall--
(1) solicit the advice of a dietitian or individual
with comparable expertise in the planning of
nutritional services, and
(2) ensure that the project--
(A) provides meals that--
(i) comply with the Dietary
Guidelines for Americans, published by
the Secretary and the Secretary of
Agriculture,
(ii) provide to each participating
older individual--
(I) a minimum of 33\1/3\
percent of the daily
recommended dietary allowances
as established by the Food and
Nutrition Board of the
Institute of Medicine of the
National Academy of Sciences,
if the project provides 1 meal
per day,
(II) a minimum of 66\2/3\
percent of the allowances if
the project provides 2 meals
per day, and
(III) 100 percent of the
allowances if the project
provides 3 meals per day, and
(iii) to the maximum extent
practicable, are adjusted to meet any
special dietary needs of program
participants,
(B) provides flexibility to local nutrition
providers in designing meals that are appealing
to program participants,
(C) encourages providers to enter into
contracts that limit the amount of time meals
must spend in transit before they are consumed,
(D) where feasible, encourages arrangements
with schools and other facilities serving meals
to children in order to promote
intergenerational meal programs,
(E) provides that meals, other than in-home
meals, are provided in settings in as close
proximity to the majority of eligible older
individuals' residences as feasible,
(F) ensures that meal providers carry out
such project with the advice of dietitians (or
individuals with comparable expertise), meal
participants, and other individuals'
knowledgeable with regard to the needs of older
individuals,
(G) ensures that each participating area
agency on aging establishes procedures that
allow nutrition project administrators the
option to offer a meal, on the same basis as
meals provided to participating older
individuals, to individuals providing volunteer
services during the meal hours, and to
individuals with disabilities who reside at
home with and accompany older individuals
eligible under this chapter,
(H) ensures that nutrition services will be
available to older individuals and to their
spouses, and may be made available to
individuals with disabilities who are not older
individuals but who reside in housing
facilities occupied primarily by older
individuals at which congregate nutrition
services are provided, and
(I) provide for nutrition screening and,
where appropriate, for nutrition education and
counseling.
CHAPTER 4--DISASTER RELIEF REIMBURSEMENTS
SEC. 341. DISASTER RELIEF REIMBURSEMENTS.
(a)(1) The Assistant Secretary may provide reimbursements to
any State (or tribal organization that receives a grant under
title II), upon application for such reimbursement, for funds
such State (or such tribal organization) makes available to
area agencies on aging in such State for the delivery of
supportive services (and related supplies) during any major
disaster declared by the President in accordance with the
Robert T. Stafford Relief and Emergency Assistance Act.
(2) Total payments to all States (and tribal organizations)
under paragraph (1) in any fiscal year shall not exceed .05
percent of the total amount appropriated and available to carry
out title III.
(3) If the Assistant Secretary decides, in the 5-day period
beginning on the date such disaster is declared by the
President, to provide an amount of reimbursement under
paragraph (1) to a State (or tribal organization), then the
Assistant Secretary shall provide not less than 75 percent of
such amount to such State (or tribal organization) not later
than 5 days after the date of such decision.
(b)(1) At the beginning of each fiscal year the Assistant
Secretary shall set aside, for payment to States (and tribal
organizations) under subsection (a), an amount equal to .05
percent of the total amount appropriated and available to carry
out title III.
(2) Amounts set aside under paragraph (1) which are not
obligated by the end of the third quarter of any fiscal year
shall be made available to carry out title III.
(c) Nothing in this section shall be construed to prohibit
expenditures by States (or tribal organizations) for disaster
relief for older individuals in excess of amounts reimbursable
under this section, by using funds made available to them under
other sections of this Act or under other provisions of Federal
or State law, or from private sources.
Subtitle B--Disease Prevention and Health Promotion Services Program
Authorized
SEC. 351. PROGRAM AUTHORIZED.
(a) The Assistant Secretary shall carry out a program for
making grants to States under State plans approved under
section 304 to provide disease prevention and health promotion
services and information at multipurpose senior centers, at
congregate meal sites, through home delivered meals programs,
or at other appropriate sites. In carrying out such program,
the Assistant Secretary shall consult with the Director of the
Centers for Disease Control and Prevention and the Director of
the National Institute on Aging.
(b) The Assistant Secretary shall, to the extent possible,
ensure that services provided by other community organizations
and agencies are used to carry out the provisions of this
subtitle.
SEC. 352. DISTRIBUTION TO AREA AGENCIES ON AGING.
The State agency shall give priority, in carrying out this
subtitle, to areas of the State--
(1) which are medically underserved, and
(2) in which there is a large number of older
individuals who have the greatest economic need for
such services.
SEC. 353. DEFINITION.
As used in this subtitle, the term ``disease prevention and
health promotion services'' means--
(1) health risk assessments,
(2) routine health screening,
(3) nutritional counseling and educational services
for individuals and their primary caregivers,
(4) health promotion programs,
(5) programs regarding physical fitness,
(6) home injury control services,
(7) screening for the prevention of depression,
coordination of community mental health services,
provision of educational activities, and referral to
psychiatric and psychological services,
(8) information and outreach services relating to the
prevention, diagnosis, and treatment of osteoporosis,
(9) educational programs on the availability,
benefits, and appropriate use of preventive health
services covered under title XVIII of the Social
Security Act (42 U.S.C. 1395 et seq.),
(10) medication management screening and education to
prevent incorrect medication and adverse drug
reactions,
(11) information concerning age-related diseases and
chronic disabling conditions,
(12) gerontological counseling, and
(13) counseling regarding social services and
followup health services based on any of the services
described in paragraphs (1) through (12),
but does not include services for which payment may be made
under title XVIII of the Social Security Act (42 U.S.C. 1395 et
seq.).
Subtitle C--Family Caregiver Programs
SEC. 361. PROGRAM AUTHORIZED.
(a) In General.--The Assistant Secretary may make grants to
States under State plans approved under section 304 for systems
of support for families and other individuals who provide
family caregiving services to older individuals.
(b) Family Caregiver Services.--A system of support for which
a grant made under subsection (a) may be used shall provide--
(1) information to caregivers who provide family
caregiving services to older individuals, about support
services available to such caregivers,
(2) assistance to such caregivers in gaining access
to such services,
(3) individual counseling, organization of support
groups, and training for such caregivers to help
families make decisions and solve problems relating to
their roles as caregivers who provide family caregiving
services to older individuals,
(4) respite care to enable such caregivers to be
temporarily relieved from their caretaking
responsibilities, and
(5) in-home services to complement family caregiving
services provided by such caregivers.
(c) Eligibility.--A grant made under subsection (a) may be
used only for a system of support--
(1) that provides for caregivers of older individuals
any of the support specified in paragraphs (1), (2),
and (3) of subsection (b),
(2) that provides for caregivers of frail older
individuals any of the support specified in subsection
(b), and
(3) that gives priority for family caregiver support
to older individuals and families with the greatest
social need and greatest economic need, with particular
attention to low-income older individuals.
(d) Quality Standards and Accountability.--
(1) The State shall have in place mechanisms designed
to ensure the quality of services under this subtitle.
(2) The State shall collect data and furnish records
at such time and in such form as the Assistant
Secretary may require by rule to enable the Assistant
Secretary--
(A) to monitor--
(i) systems of support for which a
grant made under subsection (a) is
used, and
(ii) compliance with this subtitle,
and
(B) to compare the effectiveness of such
systems.
(3) The State shall report to the Assistant Secretary
on the data and information required under paragraph
(2), including the services and activities funded under
this subtitle, and standards and methods by which the
quality of services shall be assured.
(e) State Option for Cost Sharing.--
(1) In general.--A State may elect to require cost
sharing under this subtitle for services described in
paragraphs (4) and (5) of subsection (b) (and may elect
to require or permit area agencies on aging to require
cost sharing by recipients of such services under area
plans), except that--
(A) individuals whose income does not exceed
the poverty line shall be exempt from required
cost-sharing, and
(B) cost-sharing rates for individuals whose
income exceeds the poverty line may be
established only on a sliding-fee scale based
on income and shall not be effective unless and
until approved under paragraph (2).
(2) Assistant secretary approval.--The Assistant
Secretary may approve cost-sharing rates established in
accordance with paragraph (1)(B).
(3) Income determinations.--For purposes of this
subtitle, the income of an older individual shall be
determined by self-declaration.
(4) Inability to pay cost.--An older individual will
not be denied a service under this subtitle because of
the inability of such individual to pay a share of the
cost of such service.
(f) Coordination With Service Providers.--In carrying out
this subtitle, each area agency on aging shall coordinate with
other community agencies and voluntary organizations that
provide the types of services provided by systems for which
grants are made under subsection (a).
(g) Limitation on Use of Funds.--
(1) Use of grant.--A grant made under subsection (a)
may not be used to pay more than 75 percent of the cost
of the system of support for which such grant is made.
(2) Matching funds.--Not more than 75 percent of the
cost of such system may be paid funds from Federal
sources and from funds received from cost sharing in
effect under subsection (e), in the aggregate.
Subtitle D--Authorization of Appropriations
SEC. 391. AUTHORIZATION OF APPROPRIATIONS.
(a) Supportive Services and Multipurpose Senior Centers.--
There are authorized to be appropriated to carry out chapter 2
of subtitle A $306,200,000 for fiscal year 2000 and such sums
as may be necessary for years fiscal 2001, 2002, 2003, and
2004.
(b) Nutrition Services.--
(1) Congregate nutrition services.--There are
authorized to be appropriated to carry out part I of
chapter 3 of subtitle A $381,700,000 for fiscal year
2000 and such sums as may be necessary for fiscal years
2001, 2002, 2003, and 2004.
(2) Home delivered nutrition services.--There are
authorized to be appropriated to carry out part II of
chapter 3 of subtitle A $114,200,000 for fiscal year
2000 and such sums as may be necessary for fiscal years
2001, 2002, 2003, and 2004.
(c) Disease Prevention and Health Promotion Services Program
Authorized.--There are authorized to be appropriated to carry
out subtitle B $16,400,000 for fiscal year 2000 and such sums
as may be necessary for fiscal years 2001, 2002, 2003, and
2004.
(d) Family Caregiver Support Program.--There is authorized to
be appropriated to carry out subtitle C--
(1) $125,000,000 for fiscal year 2000 if the
aggregate amount appropriated under subsections (a) and
(b) of this section for fiscal year 2000 is not less
than the aggregate amount appropriated under
subsections (a) and (b) of section 303 of the Older
Americans Act of 1965 for fiscal year 1999, and
(2) such sums as may be necessary for fiscal years
2001, 2002, 2003, and 2004 if the aggregate amount
appropriated under subsections (a) and (b) of this
section for the particular fiscal year involved is not
less than the aggregate amount appropriated under such
subsections for the preceding fiscal year.
SEC. 392. ADDITIONAL FUNDS AVAILABLE FOR NUTRITION SERVICES.
(a) Funds Available.--In addition to the amount appropriated
under section 391(b), and to provide nutrition services under
subtitle A and title II for each of the fiscal years 2000,
2001, 2002, 2003, and 2004, the amount appropriated under
subsection (e) for such fiscal year shall be made available to
the Assistant Secretary by the Secretary of Agriculture.
(b) Division of Funds.--The Assistant Secretary shall divide
the funds made available under subsection (a) so that--
(1) 98.9 percent of such funds is allotted in
accordance with subsection (c) to provide nutrition
services under subtitle A, and
(2) the balance is available to make grants under
title II to provide nutrition services.
(c) Allotments Based on Meals Served.--
(1) In general.--The Secretary shall allot and pay,
to each State agency with a plan approved under this
title for a fiscal year, and to each tribal
organization with an application approved under section
202 for such fiscal year, an amount bearing the same
ratio to the total amount appropriated for such fiscal
year under subsection (e) as the number of meals served
in the State, under such plan approved for the
preceding fiscal year (or the number of meals served by
the tribal organization, under such application
approved for such preceding fiscal year), bears to the
total number of such meals served in all States and by
all tribal organizations under all such plans and
applications approved for such preceding fiscal year.
(2) Calculation of allotment for certain tribal
organizations.--For purposes of paragraph (1), in the
case of a tribal organization that has a plan approved
under section 202 for a fiscal year but that did not
receive assistance under this section for the preceding
fiscal year, the number of meals served by the tribal
organization in the preceding fiscal year shall be
deemed to equal the number of meals that the Assistant
Secretary estimates will be served by the tribal
organization in the current fiscal year.
(d) Election To Receive Commodities in Lieu of Cash.--
(1) Election.--A State to which funds are allotted
under subsection (b)(1), or a recipient of a grant
referred to in subsection (b)(2), may elect to receive
commodities in lieu of all or part of such funds or of
such grant.
(2) Purchase of commodities from the secretary of
agriculture.--If a State or grant recipient makes a
timely election under paragraph (1), the Assistant
Secretary shall use the amount of such funds designated
by the State, or of such grant designated by the grant
recipient, to purchase commodities from the Secretary
of Agriculture and to make such commodities available
to the State or grant recipient.
(e) Authorization of Appropriations.--There are authorized to
be appropriated to carry out this section $150,000,000 for
fiscal year 2000 and such sums as may be necessary for fiscal
years 2001, 2002, 2003, and 2004.
TITLE IV--STATE LONG-TERM CARE OMBUDSMAN PROGRAMS; SERVICES FOR THE
PREVENTION AND REMEDIATION OF ELDER ABUSE, NEGLECT, AND EXPLOITATION
Subtitle A--Use of Additional Allotments
SEC. 401. USE OF ALLOTMENTS.
Funds allotted under section 302(b) shall be made available
for a fiscal year to States that receive funds from allotments
made under section 302(a) for such fiscal year and that agree
to use funds received under this section--
(1) to carry out a State long-term care ombudsman
program that complies with the requirements of
subtitles B and D,
(2) to provide, through the State agency and in
consultation with area agencies on aging, services for
the prevention and remediation of elder abuse, neglect,
and exploitation and that comply with the requirements
of subtitles C and D, or
(3) both to carry out the program described in
paragraph (1) and to provide the services described in
paragraph (2).
Subtitle B--State Long-Term Care Ombudsman Program
SEC. 421. REQUIREMENTS APPLICABLE TO STATE LONG-TERM CARE OMBUDSMAN
PROGRAM.
To carry out a State long-term care ombudsman program for
which funds received from allotments made under subsections (a)
and (b) of section 302 may be used, a State shall comply with
all of the following:
(1) Duties.--The State agency shall provide
services--
(A) to identify, to investigate, and to
resolve complaints that--
(i) are made by or on behalf of older
individuals who are residents of long-
term care facilities, and
(ii) relate to action, inaction, or
decisions that may adversely affect the
health, safety, welfare, or rights of
such residents (including the welfare
and rights of such residents with
respect to the appointment and
activities of guardians and
representative payees), of providers
(or representatives of providers) of
long-term care services, public
agencies, or health and social service
agencies,
(B) provide services to assist such residents
in protecting the health, safety, welfare, and
rights of such residents,
(C) inform such residents about means of
obtaining services provided by providers or
agencies described in subparagraph (A)(ii) or
services described in subparagraph (A),
(D) ensure that such residents have regular
and timely access to the services provided
through the State long-term care ombudsman
program and that such residents and
complainants receive from program
representatives of the State agency timely
responses to complaints,
(E) represent the interests of such residents
before governmental agencies and seek
administrative, legal, and other remedies to
protect the health, safety, welfare, and rights
of the residents,
(F) provide administrative and technical
assistance to entities designated under
paragraph (6) to assist the entities in
participating in the program,
(G) analyze, comment on, and monitor the
development and implementation of Federal,
State, and local laws, rules, and other
governmental policies and actions, that pertain
to the health, safety, welfare, and rights of
the residents, with respect to the adequacy of
long-term care facilities and services in the
State,
(H) provide for training program
representatives of the State agency, and
(I) carry out such other activities as the
State agency determines to be appropriate.
(2) Contracts and arrangements.--(A) Except as
provided in subparagraph (B), the State agency may
carry out the State long-term care ombudsman program,
directly, or by contract or other arrangement with any
public agency or nonprofit private organization.
(B) For purposes of subparagraph (A), the State
agency may not enter into a contract or other
arrangement with--
(i) an agency or organization that is
responsible for licensing or certifying long-
term care services in the State, or
(ii) an association (or an affiliate of such
an association) of long-term care facilities,
or of any other residential facilities for
older individuals.
(3) Designation of local ombudsman entities and
representatives.--(A) In carrying out the duties
specified in paragraph (1), the State agency may
designate an entity as a local ombudsman entity, and
may designate an individual (including an employee or
volunteer) to represent the entity.
(B) An individual so designated may, in accordance
with the policies and procedures established by the
State agency--
(i) provide services to protect the health,
safety, welfare, and rights of older
individuals who are residents of long-term care
facilities,
(ii) ensure that residents in the service
area of the entity have regular, timely access
to representatives of the State long-term care
ombudsman program and timely responses to
complaints and requests for assistance,
(iii) identify, investigate, and resolve
complaints made by or on behalf of such
residents that relate to action, inaction, or
decisions, that may adversely affect the
health, safety, welfare, or rights of such
residents,
(iv) represent the interests of such
residents before government agencies and seek
administrative, legal, and other remedies to
protect the health, safety, welfare, and rights
of such residents,
(v) review, and if necessary, comment on
existing and proposed laws, rules, and other
government policies and actions, that pertain
to the rights and well-being of such residents,
(vi) facilitate the ability of the public to
comment on such laws, rules, policies, and
actions,
(vii) support the development of resident and
family councils, and
(viii) carry out other activities that the
State agency determines to be appropriate.
(C)(i) The State agency shall establish policies and
procedures for monitoring local ombudsman entities
designated to carry out the duties specified in
paragraph (1).
(ii) If the entities are grantees, or the
representatives are employees, of area agencies on
aging, the State agency shall develop such policies
after consultation with such area agencies on aging.
Such policies shall provide for participation and
comment by such area agencies on aging and for
resolution of concerns with respect to case activity.
(iii) The State agency shall develop the policies and
procedures in accordance with all provisions of this
subtitle regarding confidentiality and conflict of
interest.
(4) Procedures for access.--The State shall ensure,
and shall establish procedures that ensure, that
program representatives of the State agency shall
have--
(A) access to long-term care facilities and
residents,
(B)(i) appropriate access to review the
medical and social records of a resident, if
the program representative involved has the
permission of the resident (or the legal
representative of the resident), or the
resident is unable to consent to the review and
has no legal representative, or
(ii) access to such records as is necessary
to investigate a complaint if a legal guardian
of the resident refuses to give the permission,
a program representative of the State agency
has reasonable cause to believe that the
guardian is not acting in the best interests of
the resident, and the program representative
obtains the approval of the State agency,
(C) access to the administrative records,
policies, and documents, to which the residents
have or the general public has access, of long-
term care facilities, and
(D) access to and, on request, copies of all
licensing and certification records maintained
by the State with respect to long-term care
facilities.
(5) Reporting system.--The State agency shall collect
and analyze data relating to complaints and conditions
in long-term care facilities and to older individuals
who are residents of long-term care facilities, for the
purpose of identifying and resolving significant
problems.
(6) Disclosure.--(A) The State agency shall establish
procedures for the disclosure by the State agency or
local ombudsman entities of files maintained by the
State long-term care ombudsman program, including
records and data described in paragraphs (4) and (5).
(B) The procedures described in subparagraph (A)
shall provide that, the files and records described in
subparagraph (A) may be disclosed only at the
discretion of the State agency. The procedures
described in subparagraph (A) shall prohibit the
disclosure of the identity of any complainant, or
resident of a long-term care facility, with respect to
whom the State agency maintains such files or records
unless--
(i) the complainant or resident, or the legal
representative of the complainant or resident,
consents to the disclosure and the consent is
given in writing,
(ii) the complainant or resident gives
consent orally and the consent is documented
contemporaneously in writing made by a program
representative of the State agency in
accordance with such requirements as the State
agency shall establish, or
(iii) the disclosure is required by court
order.
(7) Consultation.--In planning and operating the
State long-term care ombudsman program, the State
agency shall consider the views of area agencies on
aging, older individuals, and providers of long-term
care.
(8) Conflict of interest.--The State agency shall
develop procedures to prevent conflicts of interest
with respect to individuals and entities that carry out
activities under the State long-term care ombudsman
program.
(9) Legal counsel.--The State agency shall ensure
that--
(A)(i) adequate legal counsel is available
and able to provide advice and consultation
needed to protect the health, safety, welfare,
and rights of older individuals who are
residents of long-term care facilities, and to
assist the program representatives of the State
agency in the performance of the official
duties of the State agency, and
(ii) legal representation is provided to any
program representative of the State agency
against whom suit or other legal action is
brought or threatened to be brought in
connection with the performance of the official
duties of the State agency or such a
representative, and
(B) the State agency pursues administrative,
legal, and other appropriate remedies on behalf
of such residents.
(10) Liability.--The State shall ensure that no
program representative of the State agency will be
liable under State law for the good faith performance
of official duties.
(11) Noninterference.--The State shall--
(A) ensure that willful interference with the
State agency in the performance of the official
duties under the State long-term care ombudsman
program shall be unlawful,
(B) prohibit retaliation and reprisals by a
long-term care facility or other entity with
respect to any resident, employee, or other
person for filing a complaint with, providing
information to, or otherwise cooperating with
any representative of, the State agency, and
(C) provide for appropriate sanctions with
respect to such interference and such
retaliation and reprisals.
Subtitle C--Prevention and Remediation of Elder Abuse, Neglect, and
Exploitation
SEC. 441. REQUIREMENTS APPLICABLE TO PROVIDING SERVICES TO PREVENT AND
TO REMEDIATE ELDER ABUSE, NEGLECT, AND
EXPLOITATION.
To provide services to prevent and to remediate elder abuse,
neglect, and exploitation, for which funds received from
allotments made under sections 302(a) and 302(b) may be used, a
State shall include in the State plan required by section 304
all of the following:
(1) Immunity.--An assurance that the State has in
effect laws relating to elder abuse, neglect, and
exploitation that include provisions for immunity for
persons who report, in good faith, instances of elder
abuse, neglect, and exploitation, from prosecution
under any State or local law arising out of such
reporting.
(2) Training.--An assurance that individuals who
provide services to prevent and to remediate elder
abuse, neglect, and exploitation are trained to
effectively deal with such reported instances.
(3) Prohibition of involuntary participation.--An
assurance that involuntary or coerced participation in
services provided under this subtitle by alleged
victims, abusers, or members of their households will
not be permitted.
(4) Conflict of interest.--An assurance that the
State requires all information gathered in the course
of receiving reports on instances of, and of making
referrals relating to elder abuse, neglect, and
exploitation remain confidential--
(A) unless all parties to such complaint
consent in writing to the release of such
information,
(B) unless the release of such information is
to a law enforcement agency, public protective
service agency, licensing or certification
agency, ombudsman program, or protection or
advocacy system, or
(C) except upon court order.
(5) Conflicts with other agencies.--An assurance that
the State agency will make all reasonable efforts to
resolve any conflicts with other public agencies with
respect to confidentiality of the information described
in paragraph (4).
(6) Coordination.--An assurance that the State agency
will coordinate its services under this subtitle with
law enforcement officials, courts of competent
jurisdiction, and other relevant State and local
programs, including area agencies on aging and agencies
that administer adult protective services, medicaid
fraud and abuse services (including services provided
by a State Medicaid fraud control unit, as defined in
section 1903(q) of the Social Security Act (42 U.S.C.
1396b(q)), and victim assistance programs.
(7) Participation in decisions.--An assurance that
older individuals participate in decisions regarding
their welfare.
(8) Other activities.--A description of other
activities that the State agency determines to be
beneficial in the prevention and remediation of abuse,
neglect, or exploitation of older individuals and
intends to carry out under this subtitle.
SEC. 442. MANNER OF PROVIDING OF SERVICES.
The State agency may provide services under section 441 to
prevent and to remediate elder abuse, neglect, and exploitation
either directly or through contracts or agreements with public
or nonprofit private agencies or organizations, including--
(1) other State entities,
(2) area agencies on aging,
(3) political subdivisions of the State,
(4) institutions of higher education,
(5) tribal organizations and Alaska Native
organizations, and
(6) nonprofit service providers or volunteer
organizations.
Subtitle D--Administrative Provisions; Authorizations of Appropriations
SEC. 491. TECHNICAL ASSISTANCE.
(a) Other Agencies.--In carrying out this title, the
Assistant Secretary may request the technical assistance and
cooperation of such Federal entities as may be appropriate.
(b) Assistant Secretary.--The Assistant Secretary shall
provide technical assistance and training (by contract, grant,
or otherwise) to individuals and entities that administer
activities carried out in accordance with subtitle B or C.
SEC. 492. AUDITS.
(a) Access.--The Assistant Secretary, the Comptroller General
of the United States, and any duly authorized representative of
the Assistant Secretary or the Comptroller shall have access,
for the purpose of conducting an audit or examination, to any
books, documents, papers, and records that are pertinent to
financial assistance received to carry out subtitle B or C.
(b) Limitation.--In carrying out subtitles B and C, State
agencies and area agencies on aging shall not request
information or data from providers that is not pertinent to
services furnished under such subtitles or to a payment made
for the services provided under such subtitles.
SEC. 493. AUTHORIZATIONS OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
title $12,400,000 for fiscal year 2000 and such sums as may be
necessary for fiscal years 2001, 2002, 2003, and 2004.
TITLE V--COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS
SEC. 501. SHORT TITLE.
This title may be cited as the ``Older American Community
Service Employment Act of 1999''.
SEC. 502. ALLOTMENT AND RESERVATION OF FUNDS FOR COMMUNITY SERVICE
EMPLOYMENT.
(a) Allotment of Funds for Fiscal Years 2000-2004.--
(1) Base allotment.--The amount appropriated under
section 506 for each of the fiscal years 2000 through
2004 shall be allotted by the Secretary of Labor with
respect to the States as follows:
(A) For each of the fiscal years 2000, 2001,
2002, 2003, and 2004 such amount appropriated
for such fiscal year, to the extent such amount
does not exceed the aggregate amount the
Secretary reserved under section 506(a)(1)(A)
of the Older Americans Act of 1965 to carry out
title V of such Act for fiscal year 1999, shall
be allotted with respect to the States
proportionately based on the sum of the
respective shares of such aggregate amount
expended in the States to carry out such title
for such fiscal year.
(B) If such amount appropriated for any of
such fiscal years exceeds such aggregate
amount, the excess amount shall be allotted in
accordance with paragraph (2).
(2) Allotments based on age and per capita income.--
Each amount referred to in paragraph (1)(B) shall be
allotted as follows:
(A) Subject to subparagraph (B), with respect
to each State there shall be allotted the
amount that bears the same ratio to the amount
so referred to as the product of the number of
individuals 55 years of age or older in the
State and the allotment percentage of the State
bears to the sum of the corresponding products
for all the States.
(B) The amounts allotted under subparagraph
(A) shall be reduced proportionately to the
extent necessary to increase other allotments
under such subparagraph to achieve the
following:
(i) With respect to each State there
shall be allotted \1/2\ of 1 percent of
the amount appropriated for the fiscal
year for which the determination is
made.
(ii) With respect to each of Guam,
American Samoa, the Virgin Islands of
the United States, and the Commonwealth
of the Northern Mariana Islands there
shall be allotted not less than \1/4\
of 1 percent of the amount appropriated
for the fiscal year for which the
determination is made or $50,000,
whichever is greater.
(3) Allotment percentage.--For purposes of paragraph
(2)(A)--
(A) except as provided in subparagraph (B),
the allotment percentage of each State shall be
100 percent less that percentage which bears
the same ratio to 50 percent as the per capita
income of the State bears to the aggregate per
capita income of all the States, except that
the allotment percentage shall be not more than
75 percent and not less than 33\1/3\ percent,
and
(B) the allotment percentage for the District
of Columbia, the Commonwealth of Puerto Rico,
Guam, American Samoa, the Virgin Islands of the
United States, and the Commonwealth of the
Northern Mariana Islands shall be 75 percent.
(4) Limitation.--For purposes of paragraphs (2)(B)(i)
and (3)(A), the term ``State'' does not include Guam,
American Samoa, the Virgin Islands of the United
States, or Commonwealth of the Northern Mariana
Islands.
(5) Population and per capita income
determinations.--For purposes of this subsection, the
number of individuals 55 years of age or older in each
State, and the per capita income of each State, shall
be determined by the Secretary on the basis of the most
satisfactory data available to the Secretary.
(b) Reservation of Allotted Funds.--Subject to subsection
(c), the Secretary shall reserve funds allotted under
subsection (a) as follows:
Percent of
Allotment Reserved
for Grants to Percent of
Allotment with Respect to the National Allotment Reserved
State for Fiscal Year: Organizations to for Grants to the
Carry Out Projects State:
in the State:
2000 73.4 26.6
2001 68.8 31.2
2002 64.2 35.8
2003 59.6 40.4
2004 55 45.
(c) Penalty Adjustment to Reserved Amounts.--(1) If the
recipient of a grant under section 503(a)(1) fails (directly or
through the operation of projects carried out under agreements
made under section 503(b) by such recipient) in a fiscal year
to comply with the requirements of this title or fails to
substantially meet the applicable performance standards in
effect under section 503(h), then the Secretary may, in the
discretion of the Secretary, reduce the amount of the grant
such recipient would receive under section 503(a)(1) in the
succeeding fiscal year but for the operation of this
subsection, by an amount, based on the extent of the failure
but not to exceed 15 percent of such grant for such succeeding
fiscal year, and--
(A) if such recipient is a State, may make the amount
of the reduction in such grant available to make grants
under section 503(a)(1) to eligible organizations to
carry out projects in such State, or
(B) if such recipient is an organization, may make
the amount of the reduction in such grant available to
make grants under section 503(a)(1) to--
(i) the State in which such recipient carried
out the project that is the basis of the
reduction, or
(ii) other eligible organizations to carry
out projects in the State referred to in clause
(i).
(2) If the recipient of a grant under section 503(a)(1) fails
in 3 consecutive fiscal years (directly or through the
operation of projects carried out under agreements made under
section 503(b) by such recipient) to comply with the
requirements of this title or to substantially meet the
applicable performance standards in effect under section
503(h), then the Secretary shall make the applicable reduction
described in paragraph (1) and may make the amount of such
reduction available to make grants in accordance with
subparagraphs (A) and (B) of such paragraph.
(3) In making any reduction under paragraph (1) or (2), the
Secretary shall ensure, to the maximum extent practicable, that
older individuals who were employed immediately before such
reduction is made, in projects for which the reduced grant will
be used shall continue to be employed in projects for which
agreements are made under section 503(b) for such succeeding
fiscal year.
SEC. 503. OLDER AMERICAN COMMUNITY SERVICE EMPLOYMENT PROGRAM.
(a) Authority for Program.--(1) With funds reserved under
section 502(b), the Secretary shall make grants to eligible
States, and on a competitive basis taking into account
performance reports submitted under subsection (j) or other
information relating to past performance similar to performance
of the kind described in such reports, to public and nonprofit
private national organizations, for the purpose of providing to
unemployed low-income older individuals who have poor
employment prospects, employment opportunities in providing
community services.
(2)(A)(i) Subject to clause (ii), not less than 85 percent of
each grant made under paragraph (1), and not less than 85
percent of the funds received by an entity under each agreement
made under subsection (b), shall be used to pay wages and
benefits for older individuals who are employed under
agreements made under subsection (b).
(ii) On the request of the recipient of such grant and based
on information submitted to the Secretary by such applicant,
the Secretary may waive the requirement specified in clause (i)
applicable to entities that make agreements under subsection
(b) with such applicant, so as to permit such applicant to
allow any of such entities to use not more than 5 percent (in
the aggregate) of the funds received under their respective
agreements--
(I) to provide employment-related counseling to such
individuals,
(II) to provide employment-related supportive
services to such individuals, and
(III) to pay employment-related transportation costs,
if the Secretary determines that the use of additional funds is
necessary to carry out the activities described in subclauses
(I), (II), or (III).
(B)(i) Except as provided in clause (ii), not more than 13.5
percent of such grant may be used to pay administrative costs
and costs incurred--
(I) to provide the training described in subsection
(c)(2)(H), and
(II) to perform the assessment described in
subsection (c)(2)(L).
(ii) At the request of the recipient of a grant made under
paragraph (1) and based on information submitted to the
Secretary by such recipient, the Secretary may permit such
recipient to use a greater part of such grant, but not more
than 15 percent of such grant, to pay the administrative costs
described in clause (i) if the Secretary determines that the
use of such greater part to pay such costs is necessary to
carry out the projects with respect to which such request is
made.
(C) To the maximum extent practicable, an entity that carries
out a project under an agreement made under subsection (b)
shall provide for the payment of the costs described in
subparagraph (B) from non-Federal sources.
(b) Eligibility for Grants.--To be eligible to receive a
grant under subsection (a), a State, or public or private
nonprofit national organization, shall submit to the Secretary
an application in such form and containing such information as
the Secretary may require by rule, including an assurance that
such grant will be used by the State or the organization to
carry out projects (excluding projects involving the
construction, operation, or maintenance of any facility used or
to be used as a place for sectarian religious instruction or
worship) for the purpose specified in subsection (a) through
the following types of agreements that satisfy the requirements
of subsection (c) and that provide for meeting specifications
the State or the organization shall establish and the
performance standards in effect under subsection (i):
(1) Agreements may be made by the State or the
organization with--
(A) public or nonprofit private agencies or
organizations,
(B) political subdivisions of States having
elected or duly appointed governing officials
(or combinations of such political
subdivisions),
(C) tribal organizations,
(D) area agencies on aging, and
(E) national organizations, and State and
local affiliates of national organizations,
to pay the cost of providing part-time employment to
older individuals described in subsection (a).
(2) At the election of the State or the organization,
not more than 5 percent of the grant received under
subsection (a) may be used to make agreements with
businesses (giving special consideration to businesses
in growth industries) to pay not more than 50 percent
of the cost of providing part-time or full-time
employment to older individuals described in subsection
(a).
(c) Requirements.--Subject to subsection (d), this subsection
shall apply to agreements made under subsection (b).
(1) Each such agreement shall be made after
consideration of the following, as demonstrated by the
entity that proposes to carry out a project to provide
employment to older individuals described in subsection
(a):
(A) The ability of such entity to provide
community service employment and to satisfy the
requirements of this title.
(B) The ability to meet applicable
specifications and performance standards
referred to in subsection (b).
(C) The ability to provide employment-related
supportive services to assist older individuals
described in subsection (a) to participate in
employment provided by the project.
(D) The effective use of funds to be received
under such agreement, to pay administrative
costs of the project and to pay wages and
benefits for such individuals who are
participating in employment provided by the
project.
(2) Each such agreement shall provide that no payment
shall be made by the State, or by the public or
nonprofit private national organization toward the cost
of the project unless the State or the organization
determines that the project, and the entity that
carries out the project, will satisfy all of the
following:
(A)(i) The entity that carries out the
project will use funds received under such
agreement that are attributable to a grant made
under subsection (a) or any other Federal law,
to pay not more than 85 percent of the cost of
the project.
(ii) The non-Federal share of such cost will
be contributed in cash or in kind. In
determining the amount of the non-Federal
share, the Secretary may attribute fair market
value to services and facilities contributed
from non-Federal sources.
(B) The project will provide employment only
for older individuals described in subsection
(a), except for necessary technical,
administrative, and supervisory personnel, but
such personnel shall, to the fullest extent
possible, be recruited from among older
individuals described in subsection (a).
(C)(i) If such agreement is made with a
State, the project will provide employment for
such individuals in the community in which such
individuals reside, or in nearby communities.
(ii) If such agreement is made with a tribal
organization, the project will provide
employment for such individuals who are Indians
residing on or near an Indian reservation.
(D) The project (except with respect to an
agreement described in subsection (b)(2)) will
employ such individuals in services related to
publicly owned and operated facilities and
projects, or related to projects sponsored by
organizations (other than political parties)
described in section 501(c)(3) of the Internal
Revenue Code of 1986 that are exempt from
taxation under section 501(a) of such Code.
(E) The project will contribute to the
general welfare of the community.
(F) The project will--
(i) result in an increase in
employment opportunities over those
opportunities that would otherwise be
available,
(ii) not result in the displacement
of currently employed workers
(including partial displacement, such
as a reduction in the hours of
nonovertime work or wages or employment
benefits), and
(iii) not impair existing contracts
or result in the substitution of
Federal funds for other funds in
connection with work that would
otherwise be performed.
(G) The project will utilize methods of
recruitment and selection (including listing of
job vacancies with the employment agency
operated by any State or political subdivision
thereof) that will ensure that the maximum
number of older individuals described in
subsection (a) will have an opportunity to
participate in the project.
(H)(i) The project will include such training
as may be necessary to make the most effective
use of the skills and talents of such
individuals who are participating and assist in
their transition into employment for which no
financial assistance is provided under this
title, and may provide for the payment of the
reasonable expenses of such individuals being
trained.
(ii) Unless the number of such individuals in
need of the training required by clause (i) is
sufficient to justify the establishment of a
training program by the project, such training
shall be provided, to the maximum extent
practicable, by the project by placing such
individuals in training programs for which
Federal or State funds are provided under
another law. Such individuals who participate
in such training programs shall be deemed to
have received the training required by clause
(i).
(I) The project will provide to older
individuals described in subsection (a) who are
employed in the project, wages at rates that
are--
(i) the same rates (including
periodic increases) as employees who
are similarly situated in similar
occupations by the same employer and
who have similar training, experience,
and skills, and
(ii) in accordance with applicable
law but are not less than the higher of
the rate specified in section 6(a)(1)
of the Fair Labor Standards Act of 1938
(29 U.S.C. 206(a)(1)) or rate required
by the applicable State or local
minimum wage law.
(J) The project will be established or
administered with the advice of individuals
competent in the field of service in which
employment is being provided, and of
individuals who are knowledgeable with regard
to the needs of older individuals.
(K) The project may authorize payment for
reasonable transportation costs of older
individuals described in subsection (a) that
may be incurred in employment in the project.
(L) The project will prepare an assessment
of--
(i) the participating older
individuals' skills and talents,
(ii) their need for supportive
services, and
(iii) their ability to perform
community service employment,
except to the extent the project has, for the
particular participant involved, an assessment
of such skills and talents, such need, or such
capabilities prepared recently pursuant to
another employment or training program.
(M) The project will, to the maximum extent
feasible, serve the needs of minority, limited
English-speaking ability, and Indian eligible
individuals, and eligible individuals with
greatest economic need.
(N) The entity that carries out the project
will post in the project workplace a notice,
and will make available to each individual
associated with the project a written
explanation, clarifying the law with respect to
allowable and unallowable political activities
under chapter 15 of title 5, United States
Code, applicable to the project and to each
category of individuals associated with the
project.
(O) In providing employment opportunities
under the project, such entity will give
priority to low-income individuals who are 60
years of age or older.
(P) Before the end of the fiscal year during
which the entity carries out the project, such
entity will demonstrate, to the State or
national organization with which the entity
made such agreement, that such entity has met
the applicable performance standards in effect
under subsection (h).
(d) Prerequisite Requirements.--(1) Before making agreements
under subsection (b) and after consultation with the
appropriate area agencies on aging, with other organizations
that received funds under this title in the preceding fiscal
year, and with State and local agencies responsible for
carrying out public employment and training programs, a
recipient of a grant made under subsection (a)(1) for a fiscal
year shall--
(A) make a determination--
(i) identifying the localities in the State
in which projects described in subsection (b)
are most needed,
(ii) in making such determination, consider
the local employment situations and the types
of skills possessed by available local older
individuals described in subsection (a), and
(iii) identify potential projects and the
number and percentage of such individuals in
the local population.
(B) in consultation and coordination--
(i) with State and local agencies responsible
for carrying out employment and training
programs, and
(ii) for the purpose of providing increased
employment opportunities in underserved areas,
with all other recipients of grants under
subsection (a)(1) who propose to carry out
projects under this title in the same State as
such recipient,
select the projects such recipient will carry out
through agreements made under subsection (b), and
(C) establish effective linkages with private
entities that promote employment and training
opportunities for older individuals.
(2) To the maximum extent practicable, such recipient shall
ensure that entities that carry out projects under agreements
made under subsection (b) provide employment under this title
to older individuals who immediately before the effective date
of this title were employees under an agreement made under
section 502(b) of the Older Americans Act of 1965.
(3) To the maximum extent practicable, a State that receives
a grant under this title for fiscal year 2000, 2001, 2002,
2003, and 2004 shall use not less than the following percentage
of such grant, to preserve particular older individuals in the
particular employment positions that were held by such
individuals as a result of grants made under title V of the
Older Americans Act of 1965 or under this title by the
Secretary for the preceding fiscal year to non-State recipients
for expenditure in such State:
Grant for Fiscal Year Percent of Grant
2000 4.6
2001 4.6
2002 4.6
2003 4.6
2004 4.6.
(e) Equitable Use of Funds.--To the maximum extent
practicable, each recipient of a grant under subsection (a)(1)
shall use funds available to carry out this title to make
agreements under subsection (b) in an equitable manner, taking
into consideration--
(1) the number of eligible older individuals in the
various geographical areas,
(2) the relative distribution of such individuals
among urban and rural areas, and
(3) the consultation and coordination required by
subsection (d).
(f) Prior Submission of Project Description.--Whenever an
entity (other than an area agency on aging for the planning and
service area in which the project will be conducted) conducts a
project under an agreement made under subsection (b) within a
planning and service area in a State, such entity shall conduct
the project in consultation with the area agency on aging of
the planning and service area and shall submit to the area
agency on aging, not less than 30 days before undertaking the
project, a description (including the location) of the project.
(g) Alternative Work Modes; Technical Assistance.--Recipients
of grants under subsection (a)(1) may develop alternatives for
innovative work modes and provide technical assistance in
creating employment opportunities through work sharing and
other experimental methods to groups representing business and
industry and workers, as well as to individual employers, where
appropriate.
(h) Performance Standards.--(1) The Secretary shall establish
by rule, and amend from time to time, objective performance
standards that provide measurements to quantify the extent to
which projects carried out under agreements made under
subsection (b) meet such standards and shall require at a
minimum the recipients of grants under subsection (a)(1) to
assess, and to report timely before the end of each fiscal year
to the Secretary, the extent to which such standards (expressed
in objective, quantifiable, measurable form) are met by each
entity that carries out any of such projects and by such
recipients, to show progress of recipients in continuously
improving performance. Such standards shall include the
following:
(A) A standard requiring that not less than 18
percent of project participants should be placed
annually, and after placement should remain employed
for not less than 30 days, in employment for which no
financial assistance is provided under this title.
(B) A standard requiring a specific percentage
increase in the number of employment opportunities
provided in hard-to-serve areas, including rural areas,
areas with high unemployment, and areas with a
significant population groups of underserved older
individuals.
(C) A standard providing for the measurement of--
(i) the number of older individuals who
receive services provided by such projects, and
(ii) the extent to which project participants
are satisfied with such services.
(D) A standard requiring a specific percentage
increase in employment opportunities to be provided in
underserved areas.
(E) A standard applicable for determining compliance
with the consultation and coordination requirements
specified in subsection (d)(1).
(2) The Secretary shall establish uniform criteria for
determining the extent to which each such entity and each such
recipient meets such standards.
(3) For purposes of determining whether such recipients fail,
directly or through the operation of projects carried out in a
State under agreements made under section 503(b), to meet such
standards, the Secretary may adjust the application of such
standards with respect to such projects if--
(A) the chief executive officer of such State submits
to the Secretary a request to so adjust such standards,
and
(B) the requested adjustment is based on--
(i) specific economic conditions throughout
such State or in geographical areas of such
State,
(ii) disadvantaging characteristics of the
older individuals who participate in such
projects, or
(iii) demonstrated extraordinary difficulties
in serving unemployed low-income older
individuals who have poor employment prospects.
(i) Technical Assistance.--If a recipient of a grant under
section 501(a)(1) notifies the Secretary that such recipient
failed, or expects to fail, to meet any of the applicable
performance standards and requests the Secretary to provide
technical assistance to improve the capacity of such recipient
to meet such standards, then the Secretary shall provide such
assistance, including technical assistance in developing a
performance improvement plan.
(j) Report on Performance.--Each recipient of a grant under
section 501(a)(1) shall submit to the Secretary an annual
report describing for each State separately in which such
recipient carried out projects under this title, directly or
through agreements made under section 503(b) by such recipient,
in the fiscal year that is the subject of such report--
(1)(A) how such recipient complied with the
requirements of this title, and
(B) the extent to which such recipient met the
performance standards applicable to such recipient, and
(2) if for such fiscal year such recipient elects
under subsection (b) to make agreements described in
subsection (b), the projects carried out under such
agreements.
(k) Independent Evaluation of Grant Recipient Performance.--
(1) Performance evaluation.--Not later than 90 days
after the date of the enactment of this Act and subject
to paragraph (2), the Secretary shall make a contract
to evaluate each recipient of a grant under section
501(a)(1), for each State separately in which such
recipient carried out projects under this title
(directly or through agreements made under section
503(b) by such recipient), for the purpose of
determining--
(A) how such recipient complied with the requirements
of this title, and
(B) the extent to which such recipient met the
performance standards applicable to such recipient.
(2) Contracts.--For purposes of paragraph (1), the
Secretary may make contracts only with nongovernmental
entities that--
(A) have not received funds, directly or
indirectly, made available for grants under
this title or title V of the Older Americans
Act of 1965, and
(B) are not, and have not been, affiliated
with any entity that receives, or has received
such funds.
(3) Reports.--The Secretary shall submit to the
Speaker of the House of Representatives and the
President pro tempore--
(A) not later than January 1, 2004, an
interim report summarizing the results of the
evaluations carried out under paragraph (1),
and
(B) not later than January 1, 2005, a final
report summarizing the results of such
evaluations.
SEC. 504. PARTICIPANTS NOT FEDERAL EMPLOYEES.
(a) Project Participants.--Older individuals described in
section 503(a) who participate in a project assisted under this
title shall not be considered to be Federal employees as a
result of such participation and shall not be subject to the
provisions of part III of title 5 of the United States Code.
(b) Contracts.--No contract shall be entered into under this
title unless--
(1) the contractor and the contractor's employees
(including older individuals participating under the
contract) are covered by a Federal or State workers'
compensation law to the extent required by the
applicable Federal or State law, or
(2) the contractor undertakes to provide either
through insurance by a recognized insurer or by self-
insurance as authorized by State law, that older
individuals participating under the contract will enjoy
workers' compensation coverage equal to that provided
by the applicable Federal or State law for employment
covered by such law.
SEC. 505. TREATMENT OF EMPLOYMENT ASSISTANCE FOR PURPOSES OF FEDERAL
HOUSING AND FOOD STAMP PROGRAMS.
Funds received by eligible older individuals from
participation in projects carried out under this title shall
not be considered to be income of such individuals for purposes
of determining the eligibility of such individuals, or of any
other individuals, to participate in any housing program for
which Federal funds may be available or for any income
determination under the Food Stamp Act of 1977.
SEC. 506. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to carry out this title $448,600,000 for
fiscal year 2000 and such sums as may be necessary for fiscal
years 2001, 2002, 2003, and 2004.
SECTION 416 OF THE AGRICULTURE ACT OF 1949
Sec. 416. (a) In order to prevent the waste of commodities
whether in private stocks or acquired through price-support
operations by the Commodity Credit Corporation before they can
be disposed of in normal domestic channels without impairment
of the price-support program or sold abroad at competitive
world prices, the Commodity Credit Corporation is authorized,
on such terms and under such regulations as the Secretary may
deem in the public interest: (1) upon application, to make such
commodities available to any Federal agency for use in making
payment for commodities not produced in the United States; (2)
to barter or exchange such commodities for strategic or other
materials as authorized by law; (3) in the case of food
commodities to donate such commodities to the Bureau of Indian
Affairs and to such State, Federal, or private agency or
agencies as may be designated by the proper State or Federal
authority and approved by the Secretary, for use in the United
States in nonprofit school-lunch programs, in nonprofit summer
camps for children, in the assistance of needy persons, and in
charitable institutions, including hospitals and facilities, to
the extent that they serve needy persons (including infants and
children). In the case of (3) the Secretary shall obtain such
assurance as he deems necessary that the recipients thereof
will not diminish their normal expenditures for food by reason
of such donation. In order to facilitate the appropriate
disposal of such commodities, the Secretary may from time to
time estimate and announce the quantity of such commodities
which he anticipates will become available for distribution
under (3). The Commodity Credit Corporation may pay, with
respect to commodities disposed of under this subsection,
reprocessing, packaging, transporting, handling, and other
charges accruing up to the time of their delivery to a Federal
agency or to the designated State or private agency. In
addition, in the case of food commodities disposed of under
this subsection, the Commodity Credit Corporation may pay the
cost of processing such commodities into a form suitable for
home or institutional use, such processing to be accomplished
through private trade facilities to the greatest extent
possible. For the purpose of this subsection the terms
``State'' and ``United States'' include the District of
Columbia and any Territory or possession of the United States.
Dairy products acquired by the Commodity Credit Corporation
through price support operations may, insofar as they can be
used in the United States in nonprofit school lunch and other
nonprofit child feeding programs, in the assistance of needy
persons, and in charitable institutions, including hospitals,
to the extent that needy persons are served, be donated for any
such use prior to any other use or disposition. Notwithstanding
any other provision of law, such dairy products may be donated
for distribution to needy households in the United States and
to meet the needs of persons receiving nutrition assistance
under the [Older Americans Act of 1965] Older Americans Act of
1999.
* * * * * * *
SECTION 1114 OF THE AGRICULTURE AND FOOD ACT OF 1981
distribution of surplus commodities; special nutrition projects
Sec. 1114. (a)(1) Notwithstanding any other provision of law,
whenever Government stocks of commodities are acquired under
the price support programs and are not likely to be sold by the
Commodity Credit Corporation or otherwise used in programs of
commodity or distribution, such commodities shall be made
available without charge or credit to nutrition projects under
the authority of the [Older Americans Act of 1965] Older
Americans Act of 1999 (42 U.S.C. 3001 et seq.), to child
nutrition programs providing food service, and to food banks
participating in the special nutrition projects established
under section 211 of the Agricultural Act of 1980. Such
distribution may include bulk distribution to congregate
nutrition sites and to providers of home delivered meals under
the [Older Americans Act of 1965] Older Americans Act of 1999.
The Commodity Credit Corporation is authorized to use available
funds to operate the program under this subsection and to
further process products to bonus commodity use. Commodities
made available under this section shall include, but not be
limited to, dairy products, wheat or the products thereof,
rice, honey, and cornmeal.
(2)(A) * * *
* * * * * * *
(C) Whenever commodities are made available to agencies
pursuant to [section 311(a)(4) of the Older Americans Act of
1965 (42 U.S.C. 3030a(a)(4)] chapter 3 of subtitle A of title
III of the Older Americans Act of 1999), the Secretary shall
encourage access to processed end products containing the
commodities when in the secretary's judgment it is cost
effective. The requirements of this subparagraph shall be met
in the most efficient and effective way possible. The Secretary
may, among other alternatives, use direct purchase, State
option contracts authorized under section 3A of the Commodity
Distribution Reform Act and WIC Amendments of 1987 (Public Law
100-237; 7 U.S.C. 612c note), State processing programs, and
(beginning in fiscal year 1994) agreements with private
companies operated as a part of the national commodity
processing program.
(D) In each of fiscal years 1992, 1993, and 1994, the
Secretary shall conduct a pilot project in not more than three
States under which any commodity made available to agencies
pursuant to [section 311(a)(4) of the Older Americans Act of
1965 (42 U.S.C. 3030a(a)(4)] chapter 3 of subtitle A of title
III of the Older Americans Act of 1999) that the Secretary
determines to be appropriate for reprocessing is made available
to the agencies as reprocessed end products. The reprocessing
shall be performed pursuant to agreements with private
companies, at the expense of the agencies, and operated as part
of the national commodity processing program established under
subparagraph (A). In determining the appropriateness of the
commodities to be reprocessed under the pilot project, the
Secretary shall consider the common needs of the agencies and
the availability of processors.
* * * * * * *
----------
SECTION 509 OF THE REHABILITATION ACT OF 1975
SEC. 509. PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS.
(a) * * *
* * * * * * *
(f) Application.--In order to receive assistance under this
section, an eligible system shall submit an application to the
Commissioner, at such time, in such form and manner, and
containing such information and assurances as the Commissioner
determines necessary to meet the requirements of this section,
including assurances that the eligible system will--
(1) * * *
* * * * * * *
(5) develop a statement of objectives and priorities
on an annual basis, and provide to the public,
including individuals with disabilities and, as
appropriate, their representatives, an opportunity to
comment on the objectives and priorities established
by, and activities of, the system including--
(A) the objectives and priorities for the
activities of the system for each year and the
rationale for the establishment of such
objectives and priorities; and
(B) the coordination of programs provided
through the system under this section with the
advocacy programs of the client assistance
program under section 112, the State long-term
care ombudsman program established under the
[Older Americans Act of 1965] Older Americans
Act of 1999 (42 U.S.C. 3001 et seq.), the
Developmental Disabilities Assistance and Bill
of Rights Act (42 U.S.C. 6000 et seq.), and the
Protection and Advocacy for Mentally Ill
Individuals Act of 1986 (42 U.S.C. 10801 et
seq.);
* * * * * * *
----------
JOB TRAINING PARTNERSHIP ACT
* * * * * * *
TITLE II--TRAINING SERVICES FOR THE DISADVANTAGED
Part A--Adult Training Program
* * * * * * *
SEC. 204. PROGRAM DESIGN.
(a) * * *
* * * * * * *
(d) Services for Older Individuals.--
(1) * * *
* * * * * * *
(4) Coordination.--In providing the services required
by this subsection, the Governor shall make efforts to
coordinate the delivery of such services with the
delivery of services under title V of the [Older
Americans Act of 1965] Older Americans Act of 1999 (42
U.S.C. 3056 et seq.).
(5) Eligibility.--
(A) * * *
(B) Special rule.--
(i) Individuals facing serious
barriers to employment.--An individual
who is not economically disadvantaged
as described in subparagraph (A) shall
be eligible to participate in a job
training program under this subsection
if the individual faces serious
barriers to employment, is an older
individual, and meets income
eligibility requirements under title V
of the [Older Americans Act of 1965]
Older Americans Act of 1999 (42 U.S.C.
3056 et seq.) subject to clause (ii).
* * * * * * *
SEC. 205. LINKAGES.
(a) In General.--In conducting the program assisted under
this part, service delivery areas shall establish appropriate
linkages with other Federal programs. Such programs shall
include, where feasible, programs assisted under--
(1) * * *
* * * * * * *
[(8) title V of the Older Americans Act of 1965 (42
U.S.C. 3056 et seq.);]
(8) title V of the Older Americans Act of 1999;
* * * * * * *
TITLE IV--FEDERALLY ADMINISTERED PROGRAMS
* * * * * * *
Part D--National Activities
* * * * * * *
RESEARCH, DEMONSTRATION, AND EVALUATION
Sec. 452. (a) * * *
* * * * * * *
(d) Evaluation.--
(1) Programs.--
(A) * * *
(B) Other programs.--The Secretary may
conduct evaluations of other federally funded
employment-related activities including
programs administered under--
(i) the Wagner-Peyser Act (29 U.S.C.
49 et seq.);
(ii) the National Apprenticeship Act
(29 U.S.C. 50 et seq.);
(iii) the [Older Americans Act of
1965] Older Americans Act of 1999 (42
U.S.C. 3001 et seq.);
* * * * * * *
UNIFORM REPORTING REQUIREMENTS
Sec. 455. (a) * * *
(b) Data Elements.--The Secretaries of Labor, Education, and
Health and Human Services, in consultation with other
appropriate departments and with the National Occupational
Information Coordinating Committee, shall identify a core set
of consistently defined data elements for employment and
training programs, including those funded under titles II, III,
and IV of this Act, the Wagner-Peyser Act (29 U.S.C. 49 et
seq.), the Carl D. Perkins Vocational and Applied Technology
Education Act (20 U.S.C. 2301 et seq.), the JOBS program, and
title V of the [Older Americans Act of 1965] Older Americans
Act of 1999 (42 U.S.C. 3056 et seq.).
* * * * * * *
----------
SOCIAL SECURITY ACT
* * * * * * *
TITLE XVIII--HEALTH INSURANCE FOR THE AGED AND DISABLED
* * * * * * *
Part A--Hospital Insurance Benefits for the Aged and Disabled
* * * * * * *
REQUIREMENTS FOR, AND ASSURING QUALITY OF CARE IN, SKILLED NURSING
FACILITIES
Sec. 1819. (a) * * *
(b) Requirements Relating to Provision of Services.--
(1) * * *
* * * * * * *
(4) Provision of services and activities.--
(A) * * *
* * * * * * *
(C) Required nursing care.--
(i) * * *
(ii) Exception.--To the extent that
clause (i) may be deemed to require
that a skilled nursing facility engage
the services of a registered
professional nurse for more than 40
hours a week, the Secretary is
authorized to waive such requirement if
the Secretary finds that--
(I) * * *
* * * * * * *
(IV) the Secretary provides
notice of the waiver to the
State long-term care ombudsman
(established under [section
307(a)(12) of the Older
Americans Act of 1965] section
304(a)(8) of the Older
Americans Act of 1999) and the
protection and advocacy system
in the State for the mentally
ill and the mentally retarded,
and
* * * * * * *
(c) Requirements Relating to Residents' Rights.--
(1) * * *
(2) Transfer and discharge rights.--
(A) * * *
(B) Pre-transfer and pre-discharge notice.--
(i) * * *
* * * * * * *
(iii) Items included in notice.--Each
notice under clause (i) must include--
(I) for transfers or
discharges effected on or after
October 1, 1990, notice of the
resident's right to appeal the
transfer or discharge under the
State process established under
subsection (e)(3); and
(II) the name, mailing
address, and telephone number
of the State long-term care
ombudsman (established under
[title III or VII of the Older
Americans Act of 1965 in
accordance with section 712 of
the Act] section 304(a)(8) of
the Older Americans Act of
1999).
* * * * * * *
(g) Survey and Certification Process.--
(1) * * *
* * * * * * *
(5) Disclosure of results of inspections and
activities.--
(A) * * *
(B) Notice to ombudsman.--Each State shall
notify the State long-term care ombudsman
(established under [title III or VII of the
Older Americans Act of 1965 in accordance with
section 712 of the Act] section 304(a)(8) of
the Older Americans Act of 1999) of the State's
findings of noncompliance with any of the
requirements of subsections (b), (c), and (d),
or of any adverse action taken against a
skilled nursing facility under paragraph (1),
(2), or (4) of subsection (h), with respect to
a skilled nursing facility in the State.
* * * * * * *
TITLE XIX--GRANTS TO STATES FOR MEDICAL ASSISTANCE PROGRAMS
* * * * * * *
REQUIREMENTS FOR NURSING FACILITIES
Sec. 1919. (a) * * *
(b) Requirements Relating to Provision of Services.--
(1) * * *
* * * * * * *
(4) Provision of services and activities.--
(A) * * *
* * * * * * *
(C) Required nursing care; facility
waivers.--
(i) * * *
(ii) Waiver by state.--To the extent
that a facility is unable to meet the
requirements of clause (i), a State may
waive such requirements with respect to
the facility if--
(I) * * *
* * * * * * *
(IV) the State agency
granting a waiver of such
requirements provides notice of
the waiver to the State long-
term care ombudsman
(established under [section
307(a)(12) of the Older
Americans Act of 1965] section
304(a)(8) of the Older
Americans Act of 1999) and the
protection and advocacy system
in the State for the mentally
ill and the mentally retarded,
and
* * * * * * *
(c) Requirements Relating to Residents' Rights.--
(1) * * *
(2) Transfer and discharge rights.--
(A) * * *
(B) Pre-transfer and pre-discharge notice.--
(i) * * *
* * * * * * *
(iii) Items included in notice.--Each
notice under clause (i) must include--
(I) for transfers or
discharges effected on or after
October 1, 1989, notice of the
resident's right to appeal the
transfer or discharge under the
State process established under
subsection (e)(3);
(II) the name, mailing
address, and telephone number
of the State long-term care
ombudsman (established under
[title III or VII of the Older
Americans Act of 1965 in
accordance with section 712 of
the Act] section 304(a)(8) of
the Older Americans Act of
1999);
* * * * * * *
(g) Survey and Certification Process.--
(1) * * *
* * * * * * *
(5) Disclosure of results of inspections and
activities.--
(A) * * *
(B) Notice to ombudsman.--Each State shall
notify the State long-term care ombudsman
(established under [title III or VII of the
Older Americans Act of 1965 in accordance with
section 712 of the Act] section 304(a)(8) of
the Older Americans Act of 1999) of the State's
findings of noncompliance with any of the
requirements of subsections (b), (c), and (d),
or of any adverse action taken against a
nursing facility under paragraphs (1), (2), or
(3) of subsection (h), with respect to a
nursing facility in the State.
* * * * * * *
----------
SECTION 3803 OF TITLE 31, UNITED STATES CODE
Sec. 3803. Hearing and determinations
(a) * * *
* * * * * * *
(c)(1) * * *
(2)(A) * * *
* * * * * * *
(C) For purposes of this subsection, the term ``benefits''
means--
(i) * * *
* * * * * * *
(xi) benefits under [section 336 of the Older
Americans Act] chapter 3 of subtitle A of title III of
the Older Americans Act of 1999;
* * * * * * *
----------
SECTION 4360 OF THE OMNIBUS BUDGET RECONCILIATION ACT OF 1990
SEC. 4360. HEALTH INSURANCE INFORMATION, COUNSELING, AND ASSISTANCE
GRANTS.
(a) * * *
* * * * * * *
(d) Criteria for Issuing Grants.--In issuing a grant under
this section, the Secretary shall consider--
(1) the commitment of the State to carrying out the
health insurance information, counseling, and
assistance program described in subsection (b)(2),
including the level of cooperation demonstrated--
(A) * * *
* * * * * * *
(C) departments and agencies of such State
responsible for--
(i) administering funds under title
XIX of the Social Security Act, and
(ii) administering funds appropriated
under the Older Americans Act of 1999;
* * * * * * *
----------
NATIONAL SCHOOL LUNCH ACT
MISCELLANEOUS PROVISIONS AND DEFINITIONS
Sec. 12. (a) * * *
* * * * * * *
(i) Facilities, equipment, and personnel provided to a school
food authority for a program authorized under this Act or the
Child Nutrition Act of 1966 may be used, as determined by a
local educational agency, to support a nonprofit nutrition
program for the elderly, including a program funded under the
[Older Americans Act of 1965] Older Americans Act of 1999.
* * * * * * *
COMMODITY DISTRIBUTION PROGRAM
Sec. 14. (a) Notwithstanding any other provision of law, the
Secretary, during the period beginning July 1, 1974, and ending
September 30, 2003, shall--
(1) use funds available to carry out the provisions
of section 32 of the Act of August 24, 1935 (7 U.S.C.
612c) which are not expended or needed to carry out
such provisions, to purchase (without regard to the
provisions of existing law governing the expenditure of
public funds) agricultural commodities and their
products of the types customarily purchased under such
section (which may include domestic seafood commodities
and their products), for donation to maintain the
annually programmed level of assistance for programs
carried on under this Act, the Child Nutrition Act of
1966, and title III of the [Older Americans Act of
1965] Older Americans Act of 1999; and
* * * * * * *
(c) The Secretary may use funds appropriated from the general
fund of the Treasury to purchase agricultural commodities and
their products of the types customarily purchased for donation
under [section 311(a)(4) of the Older Americans Act of 1965 (42
U.S.C. 3030(a)(4)) or for cash payments in lieu of such
donations under section 311(b)(1) of such Act (42 U.S.C.
3030(b)(1))] chapter 3 of subtitle A of title III of the Older
Americans Act of 1999. There are hereby authorized to be
appropriated such sums as are necessary to carry out the
purposes of this subsection.
* * * * * * *
(o)(1) * * *
* * * * * * *
(3)(A) * * *
(B) The guidelines shall contain provisions designed to
assure that reimbursement under this subsection shall not
duplicate reimbursement under [part C of title III of the Older
Americans Act of 1965] chapter 3 of subtitle A of title III of
the Older Americans Act of 1999, for the same meal served.
* * * * * * *
----------
SECTION 2 OF THE ENVIRONMENTAL PROGRAMS ASSISTANCE ACT OF 1984
environmental programs
Sec. 2. (a) Notwithstanding any other provision of law
relating to Federal grants and cooperative agreements, the
Administrator of the Environmental Protection Agency is
authorized to make grants to, or enter into cooperative
agreements with, private nonprofit organizations designated by
the Secretary of Labor under title V of the [Older Americans
Act of 1965] Older Americans Act of 1999 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] Older Americans Act of 1999 and subtitle D of title I of
the Workforce Investment Act of 1998.
* * * * * * *
----------
SECTION 14 OF THE NOISE CONTROL ACT OF 1972
quiet communities, research, public information
Sec. 14. To promote the development of effective State and
local noise control programs, to provide an adequate Federal
noise control research program designed to meet the objectives
of this Act, and to otherwise carry out the policy of this Act,
the Administrator shall, in cooperation with other Federal
agencies and through the use of grants, contracts, and direct
Federal actions--
(a) * * *
* * * * * * *
(g) provide for the maximum use in programs assisted
under this section of senior citizens and persons
eligible for participation in programs under the Older
Americans Act of 1999.
----------
DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF RIGHTS ACT
TITLE I--PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES
* * * * * * *
PART B--FEDERAL ASSISTANCE TO STATE DEVELOPMENTAL DISABILITIES COUNCILS
* * * * * * *
SEC. 124. STATE DEVELOPMENTAL DISABILITIES COUNCILS AND DESIGNATED
STATE AGENCIES.
(a) * * *
(b) Council Membership.--
(1) * * *
* * * * * * *
(3) Representation of agencies and organizations.--
Each Council shall at all times include representatives
of the principal State agencies (including the State
agencies that administer funds provided under the
Rehabilitation Act of 1973, the Individuals with
Disabilities Education Act, the Older Americans Act of
1999, 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--
* * * * * * *
PART C--PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS
* * * * * * *
SEC. 142. SYSTEM REQUIRED.
(a) System Required.--In order for a State to receive an
allotment under part B--
(1) the State must have in effect a system to protect
and advocate the rights of individuals with
developmental disabilities;
(2) such system must--
(A) * * *
* * * * * * *
(D) on an annual basis, provide to the
public, including individuals with
developmental disabilities attributable to
either physical impairment, mental impairment,
or a combination of physical or mental
impairments, and their representatives, as
appropriate, non-State agency representatives
of the State Developmental Disabilities
Council, and the university affiliated program
(if applicable within a State), an opportunity
to comment on--
(i) the objectives and priorities
established by the system and the
rationale for the establishment of such
objectives; and
(ii) the activities of the system,
including the coordination with the
advocacy programs under the
Rehabilitation Act of 1973, the [Older
Americans Act of 1965] Older Americans
Act of 1999, and the Protection and
Advocacy for Mentally Ill Individuals
Act of 1986, and with other related
programs, including the parent training
and information centers, education
ombudsman programs and assistive
technology projects;
* * * * * * *
----------
SECTION 412 OF THE ENERGY CONSERVATION IN EXISTING BUILDINGS ACT OF
1976
definitions
Sec. 412. As used in this part:
(1) * * *
* * * * * * *
(6) The terms ``Indian'', ``Indian tribe'', and
``tribal organization'' have the meanings prescribed
for such terms by [paragraphs (4), (5), and (6),
respectively, of section 102 of the Older Americans Act
of 1965] paragraphs (28), (29), and (50), respectively,
of the Older Americans Act of 1999.
* * * * * * *
----------
SECTION 405 OF THE CONGREGATE HOUSING SERVICES ACT OF 1978
congregate services program
Sec. 405. (a) * * *
* * * * * * *
(c) A public housing agency or nonprofit corporation
applying for assistance to provide congregate services to
elderly residents shall consult with the Area Agency on Aging
(or, where no Area Agency on Aging exists, with the appropriate
State agency under the [Older Americans Act of 1965] Older
Americans Act of 1999) in determining the means of providing
services under this title and in identifying alternative
available sources of funding for such services.
(d) Prior to the submission of a final application for
either new or renewed funding under this title for the
provision of congregate services to elderly residents, a public
housing agency and a nonprofit corporation shall present a copy
of a proposed application to the Area Agency on Aging (or,
where no Area Agency on Aging exists, to the appropriate State
agency under the [Older Americans Act of 1965] Older Americans
Act of 1999) for review and comment. Such agency and nonprofit
corporation shall consider such review and comment in the
development of any final application for either new or renewed
funding under this title.
* * * * * * *
CRANSTON-GONZALEZ NATIONAL AFFORDABLE HOUSING ACT
* * * * * * *
TITLE VIII--HOUSING FOR PERSONS WITH SPECIAL NEEDS
* * * * * * *
SEC. 802. REVISED CONGREGATE HOUSING SERVICES PROGRAM.
(a) * * *
* * * * * * *
(d) Eligible Activities.--
(1) * * *
(2) Meal services.--Congregate services programs
assisted under this section shall include meal service
adequate to meet at least one-third of the daily
nutritional needs of eligible project residents, as
follows:
(A) * * *
(B) Preference for nutrition providers.--In
contracting for or otherwise providing for meal
services under this paragraph, each congregate
services program shall give preference to any
provider of meal services who--
(i) receives assistance under title
III of the [Older Americans Act of
1965] Older Americans Act of 1999; or
* * * * * * *
SEC. 803. HOPE FOR ELDERLY INDEPENDENCE.
(a) * * *
* * * * * * *
(d) Applications.--An application under this section shall be
submitted by a public housing agency in such form and in
accordance with such procedures as the Secretary shall
establish. The Secretary shall require that an application
contain at a minimum--
(1) * * *
* * * * * * *
(12) a statement that the application has been
developed in consultation with the area agency on aging
under title III of the [Older Americans Act of 1965]
Older Americans Act of 1999 and that the public housing
agency will periodically consult with the area agency
during the demonstration.
* * * * * * *
----------
SECTION 675 OF THE COMMUNITY SERVICES BLOCK GRANT ACT
applications and requirements
Sec. 675. (a) * * *
* * * * * * *
(c) As part of the annual application required by subsection
(a), the chief executive officer of each State shall certify
that the State agrees to--
(1) * * *
* * * * * * *
(5) provide assurances that the State may transfer
funds, but not to exceed 5 percent of its allotment
under section 674, for the provisions set forth in this
subtitle to services under the [Older Americans Act of
1965] Older Americans Act of 1999, the Head Start
program under subchapter B of chapter 8 of subtitle A
of this title, the energy crisis intervention program
under title XXVI of this Act (relating to low-income
home energy assistance), or the Emergency Food
Assistance Act of 1983;
* * * * * * *
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ALZHEIMER'S DISEASE AND RELATED DEMENTIAS RESEARCH ACT OF 1992
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TITLE IX--ALZHEIMER'S DISEASE AND RELATED DEMENTIAS RESEARCH ACT OF
1992
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Part D--Research Relating to Services for Individuals with Alzheimer's
Disease and Related Dementias and Their Families
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Subpart 2--Responsibilities of the Agency for Health Care Policy and
Research
SEC. 934. RESEARCH PROGRAM.
(a) * * *
(b) Research Subjects.--The Administrator of the Agency for
Health Care Policy and Research shall ensure that research
conducted under subsection (a) shall include research--
(1) * * *
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(4) conducted in consultation with the Director of
the National Institute on Aging and the Commissioner of
the Administration on Aging, concerning the role of
physicians in caring for persons with Alzheimer's
disease and related dementias and for their families,
including the role of a physician in connecting such
persons with appropriate health care and supportive
services, including those supported through State and
area agencies on aging designated under [section 305(a)
(1) and (2)(A) of the Older Americans Act of 1965 (42
U.S.C. 3025(a)(1) and (2)(A))] section 303(a)(2)(A) of
the Older Americans Act of 1999; and
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SEC. 962. EDUCATION OF THE PUBLIC, INDIVIDUALS WITH ALZHEIMER'S DISEASE
AND THEIR FAMILIES, AND HEALTH AND LONG-TERM CARE
PROVIDERS.
(a) Training Models Grants.--
(1) Grants.--The Director of the National Institute
on Aging may award grants to eligible entities to
assist the entities in developing and evaluating model
training programs--
(A) for--
(i) health care professionals,
including mental health professionals;
(ii) health care paraprofessionals;
(iii) personnel, including
information and referral, case
management, and in-home services
personnel (including personnel
receiving support under the [Older
Americans Act of 1965] Older Americans
Act of 1999 (42 U.S.C. 3001 et seq.)),
providing supportive services to the
elderly and the families of the
elderly;
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(d) Application.--To be eligible to receive a grant under
this section, an entity shall submit an application to the
Director of the National Institute on Aging at such time, in
such manner, and containing or accompanied by such information,
as the Director may reasonably require, including, at a
minimum, an assurance that the entity will coordinate programs
provided under this section with the State agency designated
under [section 305(a)(1) of the Older Americans Act of 1965]
section 303(a)(1) of the Older Americans Act of 1999, in the
State in which the entity will provide such programs.
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ADDITIONAL VIEWS
We are pleased that after two unsuccessful attempts by the
104th and 105th Congresses, the Committee has marked up a
largely bipartisan bill to reauthorize the Older Americans Act,
which has helped older persons to live longer with dignity and
independence in their communities since its passage in 1965.
We are further pleased that the Republican majority, in
H.R. 782, dropped their proposal to means-test the program and
require seniors to pay for services, and has maintained our
priority to target funding to low-income minority seniors--an
historically underserved population.
However, while we commend the Republicans for their
concessions on these two critical issues, and recognize the
importance of reauthorizing the Older Americans Act this
Congress, we do have two areas of concern with the bill.
title v--senior community service employment program
The Senior Community Service Employment Program (SCSEP) was
established in the early 1970's by the national aging
organizations to provide employment opportunities for older
workers, particularly for those with poor employment prospects.
At that time, there was little interest by the state or
organizations in the employment and training field in serving
older individuals. In fact, in the early 1970s persons 55 and
older accounted for only 2 percent of all enrollees in
employment and training programs.
As SCSEP grew in funding and enrollment, the states
expressed a desire to become more involved in the
administration of the program and in 1978 Congress enacted
``hold harmless'' language which guaranteed the national
sponsors sufficient funding to maintain their current level of
activity. The language also provided that the national sponsors
could receive up to 45 percent of any new money. However, since
the early 1980s, the House and Senate Appropriations Committees
have overridden the authorizing legislation and provided 78
percent of program funds to the national sponsors and 22
percent to the states. However, H.R. 782 would shift SCSEP
funding from the national sponsors to the states by 4.6 percent
a year for five years, effectively bringing the funding
allocation to 55 percent/45 percent for the national sponsors
and states respectively.
We believe that this adjustment is ill-advised as the
national sponsors have a long and exemplary record of providing
training and employment opportunities to low-income seniors and
historically outperformed the states by a wide margin. For
example, while the national sponsors have exceeded the 20
percent unsubsidized placement goal established by the
Department of Labor nine of the past ten years, the states
exceed the goal only four of those years. In fact, last year,
the national sponsors achieved a placement rate of about 32
percent compared to 23 percent by the states. In addition, the
national sponsors have consistently served a more needy
population--their participants are more economically
disadvantaged, older, less educated, and include more minority
older individuals. We also believe that this shift in funding
has the potential to negatively effect the program and its
participants by disrupting services to low-income seniors, the
host agencies they serve, and the communities that benefits
from their services.
Moreover, the current 78 percent/22 percent funding split
obviously has bipartisan support because Republicans included
in the FY 2000 Labor HHS Appropriations bill as passed by the
subcommittee in a party-line vote.
pension counseling
The Committee has worked bipartisanly to continue the
Pension Counseling and Information Demonstration Program. The
counseling projects have worked very successfully over the past
six years and we believe they provide important assistance to
older individuals who have questions or problems in receiving
their retirement benefits. The counseling projects have
assisted tens of thousands of older Americans and recovered
over $10 million in pension benefits.
We have one unresolved concern with the pension counseling
program reauthorization as currently drafted. The bill requires
the Administration on Aging to give priority to new projects in
its funding determination. We believe all proposed projects,
current ones included, should compete equally to receive AoA
funding. Currently, there are some projects which were only
recently started and there is no reason they should be denied
the opportunity to receive additional funding when they are
just starting to establish themselves. Given that AoA funding
is extremely modest, it is not easy to establish new projects.
We believe that all projects should have the possibility to
receive funding provided they demonstrate to AoA their ability
to provide meaningful pension counseling to older Americans.
Dale E. Kildee.
Major R. Owens.
Patsy T. Mink.
Tim Roemer.
Lynn Woolsey.
Chaka Fattah.
Ron Kind.
Harold E. Ford, Jr.
David Wu.
George Miller.
Donald M. Payne.
Robert E. Andrews.
Bobby Scott.
Carlos Romero-Barcelo.
Ruben Hinojosa.
John F. Tierney.
Loretta Sanchez.
Dennis J. Kucinich.
Rush Holt.
ADDITIONAL VIEWS OF JOHN F. TIERNEY
The Older Americans Act of 1965 has not been reauthorized
since its expiration in 1995, in part because some members
opposed reauthorization unless accompanied by substantial
revision (and, in many cases, weakening) of the long-standing
protections granted by the Act. I am glad to see that this
year, reauthorization is finally proceeding in a manner that
would be generally beneficial to our nation's aging population.
With some improvements, this bill is worthy of strong
support. Clearly, as outlined in the previous set of views, my
colleagues and I in the minority believe that the importance of
reauthorization provides substantial incentive to move this
measure forward. Below I have added additional comments on
positive aspects of the bill included during the mark-up as
well as a few of my concerns with provisions that deserve
improvement lest they lead to diminished protections and
benefits for aging individuals.
title i, subtitle b--program to protect older individuals from
telemarketing fraud
Because fraudulent telemarketers disproportionately target
older individuals, I have proposed a new Older Americans Act
demonstration project to help educate older Americans about the
dangers of telemarketing fraud and how they can protect
themselves. The amendment draws from a bill filed earlier in
the House by our colleague Mr. Robert Weygand. I am pleased
that my Committee colleagues have expressed interest in working
with me to include this project in the final version of the
bill.
Many of us have heard heart-wrenching stories from
constituents who have lost their hard earned savings to
telemarketing fraud. In fact, it has been estimated that
Americans lose approximately $40 billion annually to
telemarketing scams, with a disproportionate share being 55 and
older. By educating our aging population about the dangers of
telemarketing fraud, we can stop these financial crimes before
they happen and protect this vulnerable population from scams.
title iii, subtitle c--family caregiver programs
Title III, Subtitle C gives long-deserved funding and
support for an under-recognized service. By providing
supplemental services, respite care, counseling, assistance,
and other support to family and other informal caregivers, this
program acknowledges that the home is a vitally important
setting for the provision of long-term care. I proposed an
amendment to increase the authorization for this program from
the $100 million up to $125 million, the full level requested
by the Administration. My amendment reflects my strong support
for this important new benefit. This program deserves to be
fully funded, and I am pleased that the Committee, in accepting
my amendment, clearly signaled their agreement on this issue.
title iv--state long-term care ombudsman programs; services for the
prevention and remediation of elder abuse, neglect, and exploitation
By contrast, Title IV, which would replace Title VII of the
Older Americans Act of 1965, represents a reduction, rather
than an improvement in services for the aging. It would remove
the dedicated funding for legal assistance and benefits
counseling, while collapsing authority for the ombudsman and
elder abuse prevention programs. I am concerned that state and
area agencies will consider these measures a sign of the
diminished priority that Congress places on these protections
for the most vulnerable elderly. I submit these additional
views to emphasize that while this issue should be addressed
prior to final approval of any measure, absent that action,
each of these programs remains essential, and state and area
agencies should maintain and enhance their efforts in these
areas, even under a new funding structure.
Unfortunately, simply giving states the option of
transferring Title III funds to these four critical programs
constitutes an inadequate federal contributions. Other Title
III projects, themselves pressed for financing, already compete
for these limited dollars. The possibility of freeing money for
these four former Title VII programs is extraordinarily slim.
The continued importance of each of these programs cannot
be overstated, particularly since the assurance of any other
rights, protections, and entitlements for the elderly depends
significantly upon the strength of these four service areas.
Without the ombudsman program, older persons might not be able
to investigate and resolve their legitimate complaints. When
elder abuse, neglect and exploitation are not prevented, aging
individuals might be subject to retaliation and mistreatment
for claiming their rights. Legal assistance is necessary to
guarantee older persons any meaningful rights at all. Finally,
outreach, counseling, and assistance to inform older persons of
their rights is a crucial prerequisite to the assurance of any
benefits and protections.
I strongly urge continued attention and support for these
foundational programs despite the unfavorable funding
structure.
With these improvements as well as the provisions outlined
above, the Congress can proudly reauthorize an Act that
successfully delivers much-needed protections and benefits to
our nation's older Americans.
John F. Tierney.