< Back to H.R. 2850 (106th Congress, 1999–2000)

Text of Older Americans Amendments of 1999

This bill was introduced on September 14, 1999, in a previous session of Congress, but was not enacted. The text of the bill below is as of Sep 14, 1999 (Introduced).

Source: GPO

HR 2850 IH

106th CONGRESS

1st Session

H. R. 2850

To amend the Older Americans Act of 1965 to authorize appropriations for fiscal years 2000, 2001, 2002, 2003, and 2004, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

September 14, 1999

Mr. BARRETT of Nebraska (for himself and Mr. MCKEON) introduced the following bill; which was referred to the Committee on Education and the Workforce


A BILL

To amend the Older Americans Act of 1965 to authorize appropriations for fiscal years 2000, 2001, 2002, 2003, and 2004, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ‘Older Americans Amendments of 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 geographic area served by such system by any public or private agency or organization,

        ‘(B) develop and make the most efficient use of supportive services and nutrition services in meeting the needs of older individuals,

        ‘(C) use available resources efficiently and with a minimum of duplication, and

        ‘(D) encourage and assist public and private entities that have unrealized potential for meeting the service needs of older individuals to assist the older individuals on a voluntary basis.

      ‘(17) DISABILITY- The term ‘disability’ means (except when such term is used in the phrase ‘severe disability’, ‘developmental disabilities’, ‘physical and mental disabilities’, or ‘physical disabilities’) a disability attributable to mental or physical impairment, or a combination of mental and physical impairments, that results in substantial functional limitations in 1 or more of the following areas of major life activity: (A) self-care, (B) receptive and expressive language, (C) learning, (D) mobility, (E) self-direction, (F) capacity for independent living, (G) economic self-sufficiency, (H) cognitive functioning, and (I) emotional adjustment.

      ‘(18) ELDER ABUSE- The term ‘elder abuse’ means abuse of an older individual.

      ‘(19) ELDER ABUSE, NEGLECT, AND EXPLOITATION- The term ‘elder abuse, neglect, and exploitation’ means abuse, neglect, and exploitation, of an older individual.

      ‘(20) EXPLOITATION- The term ‘exploitation’ means the illegal or improper act or process of an individual, including a caregiver 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 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.

          ‘(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) 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.

      ‘(7) 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

        ‘(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 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 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), 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) $100,000,000 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 2002, 2003, 2004, and 2005 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 2 004 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:

-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Allotment with Respect to the State for Fiscal Year: Percent of Allotment Reserved for Grants to National Organizations to Carry Out Projects in the State: Percent of Allotment Reserved for Grants to 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.