Union Calendar No. 198
106th
CONGRESS
1st Session
H. R. 782
[Report No. 106-343]
A
BILL To amend the Older Americans Act of 1965 to authorize
appropriations for fiscal years 2000 through 2003.
September 28, 1999
Reported
with amendments, committed to the Committee of the Whole House on the
State of the Union, and ordered to be printed HR 782 RH
Union Calendar No. 198 106th
CONGRESS 1st Session
H. R.
782 [Report No. 106-343] To
amend the Older Americans Act of 1965 to authorize appropriations for
fiscal years 2000 through 2003.
IN THE HOUSE OF
REPRESENTATIVES February 23,
1999
Mr. BARRETT of Nebraska (for himself, Mr. MARTINEZ,
Mr. MCKEON, Mr. GOODLING, and Mr. CLAY) introduced the following bill;
which was referred to the Committee on Education and the Workforce
September 28, 1999
Additional sponsors:
Mr. TERRY, Mr. GILCHREST, and Mr. Shuster
September 28,
1999
Reported with amendments, committed to the Committee
of the Whole House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the
part printed in italic]
[For text of
introduced bill, see copy of bill as introduced on February 23,
1999]
A BILL
To amend the Older Americans Act of 1965 to authorize
appropriations for fiscal years 2000 through 2003.
Be
it enacted by the Senate and House of Representatives of the United States
of America in Congress assembled,
SECTION 1. SHORT
TITLE.
This Act may be cited as the `Older Americans
Amendments of 1999'.
SEC. 2. TABLE OF
CONTENTS.
The table of contents of the Act is as
follows:
Sec. 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. 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. 2. Table of
contents.
`TITLE I--GENERAL PROVISIONS
`Subtitle A--Statement of Purpose; 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. 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.
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. 306. Planning, coordination, evaluation, and
administration of State plans.
`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
`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.
`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. 493.
Authorizations of appropriations.
`TITLE
V--COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS
`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
`(4) ALASKA NATIVE- The
term `Alaska Native' means an Alaska Native who is a member of an Alaska
Native organization.
`(5) ALASKA NATIVE
ORGANIZATION- The term `Alaska Native organization' means an Alaska Native
village, or an Alaskan Native regional or village corporation, as defined
in or established pursuant to the Alaska Native Claims Settlement Act
(Public Law 92-203; 85 Stat. 688), that is recognized as eligible for the
special programs and services provided by the United States to Alaska
Natives because of their status as Alaska Natives.
`(6) AREA AGENCY ON AGING- The term `area agency on aging'
means an area agency on aging designated under section 303(a)(2)(A) or a
State agency performing the functions of an area agency on aging under
section 303(a)(1)(E).
`(7) ASSISTANT
SECRETARY- The term `Assistant Secretary' means the Assistant Secretary
for Aging.
`(8) ASSISTIVE TECHNOLOGY- The
term `assistive technology' means technology, engineering methodologies,
or scientific principles appropriate to meet the needs of, and address the
barriers confronted by, older individuals with functional
limitations.
`(9) BOARD AND CARE FACILITY-
The term `board and care facility' means an institution regulated by a
State pursuant to section 1616(e) of the Social Security Act (42 U.S.C.
1382e(e)).
`(10) CAREGIVER- The term
`caregiver' means a family member or other individual who provides (on
behalf of such individual or of a public or private agency, organization,
or institution) uncompensated care to an older individual who needs
supportive services.
`(11) CARETAKER- The
term `caretaker' means an individual who has the responsibility for the
care of an older individual, either voluntarily, by contract, by receipt
of payment for care, or as a result of the operation of
law.
`(12) CASE MANAGEMENT SERVICE- The
term `case management service'--
`(A)
means a service provided to an older individual, at the direction of the
older individual or a family member of the
individual--
`(i) by an
individual who is trained or experienced in the case management skills
that are required to deliver the services and coordination described in
subparagraph (B), and
`(ii) to assess the needs, and to arrange, coordinate, and monitor an
optimum package of services to meet the needs, of the older individual,
and
`(B) includes services
and coordination such as--
`(i) comprehensive assessment of the older individual (including the
physical, psychological, and social needs of the
individual),
`(ii)
development and implementation of a service plan with the older individual
to mobilize the formal and informal resources and services identified in
the assessment to meet the needs of the older individual, including
coordination of the resources and services--
`(I) with any other plans that exist for
various formal services, such as hospital discharge plans,
and
`(II) with
the information and assistance services provided under this
Act,
`(iii)
coordination and monitoring of formal and informal service delivery,
including coordination and monitoring to ensure that services specified in
the plan are being provided,
`(iv) periodic reassessment and revision of the
status of the older individual with--
`(I) the older individual,
or
`(II) if
necessary, a primary caregiver or family member of the older individual,
and
`(v) in
accordance with the wishes of the older individual, advocacy on behalf of
the older individual for needed services or
resources.
`(13) CHILD- Except
when it appears as part of the term `adult child with a disability', the
term `child' means an individual who is less than 18 years of
age.
`(14) CLIENT ASSESSMENT- The term
`client assessment' includes providing information relating to assistive
technology.
`(15) COMMUNITY SERVICES- The
term `community services' means--
`(A)
social, health, welfare, and educational services (particularly literacy
tutoring),
`(B) legal and other
counseling services and assistance, including tax counseling and
assistance and financial counseling,
`(C) library, recreational, and other similar
services,
`(D) conservation,
maintenance, or restoration of natural resources,
`(E) community betterment or
beautification,
`(F) antipollution
and environmental quality efforts,
`(G) weatherization activities,
`(H) economic development, and
`(I) such other services essential and necessary to the community as the
Secretary may require by rule.
`(16)
COMPREHENSIVE AND COORDINATED SYSTEM- The term `comprehensive and
coordinated system' means a system for providing all necessary supportive
services, including nutrition services, in a manner designed
to--
`(A) facilitate accessibility to,
and utilization of, all supportive services and nutrition services
provided within the geographical area served by such system by any public
or private agency or organization,
`(B) develop and make the most efficient use of supportive services and
nutrition services in meeting the needs of older
individuals,
`(C) use available
resources efficiently and with a minimum of duplication,
and
`(D) encourage and assist
public and private entities that have unrealized potential for meeting the
service needs of older individuals to assist the older individuals on a
voluntary basis.
`(17) DISABILITY- The
term `disability' means (except when such term is used in the phrase
`severe disability', `developmental disabilities', `physical and mental
disabilities', or `physical disabilities') a disability attributable to
mental or physical impairment, or a combination of mental and physical
impairments, that results in substantial functional limitations in 1 or
more of the following areas of major life activity: (A) self-care, (B)
receptive and expressive language, (C) learning, (D) mobility, (E)
self-direction, (F) capacity for independent living, (G) economic
self-sufficiency, (H) cognitive functioning, and (I) emotional
adjustment.
`(18) ELDER ABUSE- The term
`elder abuse' means abuse of an older individual.
`(19) ELDER ABUSE, NEGLECT, AND EXPLOITATION- The term
`elder abuse, neglect, and exploitation' means abuse, neglect, and
exploitation, of an older individual.
`(20)
EXPLOITATION- The term `exploitation' means the illegal or improper act or
process of an individual, including a caregiver and a caretaker, using the
resources of an older individual for monetary or personal benefit, profit,
or gain.
`(21) FAMILY CAREGIVER SERVICES-
The term `family caregiver services' means services provided to an older
individual by a caregiver to assist such individual to reside in such
individual's home with appropriate supportive services, including personal
care services, homemaker services, chore maintenance, and other
services.
`(22) FOCAL POINT- The term
`focal point' means an entity that maximizes the collocation and
coordination of services for older individuals.
`(23) FRAIL- The term `frail' means, with respect to an
older individual in a State, that the older individual is determined to be
functionally impaired because the individual--
`(A)(i) is unable to perform at least two activities
of daily living without substantial human assistance, including verbal
reminding, physical cueing, or supervision, or
`(ii) at the option of the State, is unable to perform
at least three such activities without such assistance,
or
`(B) due to a cognitive or
other mental impairment, requires substantial supervision because the
individual behaves in a manner that poses a serious health or safety
hazard to the individual or to another individual.
`(24) GREATEST ECONOMIC NEED- The term `greatest economic
need' means the need resulting from an income level at or below the
poverty line.
`(25) GREATEST SOCIAL NEED-
The term `greatest social need' means the need caused by noneconomic
factors that include--
`(A) physical
and mental disabilities,
`(B)
language barriers, and
`(C)
cultural, social, or geographical isolation caused by racial or ethnic
status, that--
`(i) restricts
the ability of an individual to perform normal daily tasks,
or
`(ii) threatens the
capacity of the individual to live independently.
`(26) IN-HOME SERVICES- The term `in-home services'
includes--
`(A) homemaker and home
health aides,
`(B) visiting and
telephone reassurance,
`(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
`(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--
`(B) an Alaska Native,
or
`(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.
`(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.
`(i) IN GENERAL- To be
eligible to receive a grant under this subsection, an entity shall submit
an application to the Assistant Secretary at such time, in such manner,
and containing such information as the Assistant Secretary may require by
rule, including, at a minimum--
`(I) a plan for the establishment of a pension
rights information program to serve a specific geographical area,
and
`(II) an
assurance that staff members (including volunteer staff members) have no
conflict of interest in providing the services described in the
plan.
`(ii) PLAN-
The plan described in clause (i) shall provide for a program
that--
`(I)
establishes a State or area pension rights information
center,
`(II)
provides counseling (including direct counseling and assistance to
individuals needing information) and information that may assist
individuals in establishing rights to, obtaining, and filing claims or
complaints related to, pension and other retirement
benefits,
`(III)
provides information on sources of pension and other retirement benefits,
including the benefits under programs described in paragraph
(1)(A),
`(IV)
makes referrals to legal services and other advocacy
programs,
`(V)
establishes a system of referral to State, local, and Federal departments
or agencies related to pension and other retirement
benefits,
`(VI)
provides a sufficient number of staff positions (including volunteer
positions) to ensure information, counseling, referral, and assistance
regarding pension and other retirement
benefits,
`(VII)
provides training programs for staff members, including volunteer staff
members of the programs described in paragraph
(1)(A),
`(VIII)
makes recommendations to the Administration, the Department of Labor,
another Federal entity, and State and local agencies concerning issues for
older individuals related to pension and other retirement benefits,
and
`(IX)
establishes an outreach program to provide information, counseling,
referral, and assistance regarding pension and other retirement benefits,
with particular emphasis on outreach to women, minorities, and low-income
retirees.
`(A) USE OF FUNDS- In
carrying out the projects described in paragraph (2), the Assistant
Secretary shall, to the extent appropriations are
available, award a grant to an eligible entity to establish a
training program to provide--
`(i)
information to the staffs of entities operating pension rights information
programs, and
`(ii)
assistance to the entities and assist such entities in the design of
program evaluation tools.
`(B) ELIGIBLE ENTITY- Entities eligible to receive grants under this
subsection include nonprofit private organizations with records of
providing national information, referral, and advocacy in matters related
to pension and other retirement benefits.
`(C) APPLICATION- To be eligible to receive a grant
under this subsection, an entity shall submit an application to the
Assistant Secretary at such time, in such manner, and containing such
information as the Assistant Secretary may require by
rule.
`(5) DURATION- The Assistant
Secretary may award grants under paragraphs (3) and (4) for periods not to
exceed 18 months.
`(6) PENSION ASSISTANCE
HOTLINE AND INTERAGENCY COORDINATION- The Assistant Secretary shall enter
into interagency agreements for the establishment and operation of, and
dissemination of information about, a telephone hotline for individuals
seeking outreach, information, counseling, referral, and assistance
regarding pension and other retirement benefits, and rights related to
such benefits. The Assistant Secretary shall also enter into agreements
with the Secretary of Labor and with the heads of other Federal agencies
that regulate the provision of pension and other retirement benefits, as
the Assistant Secretary determines to be appropriate, in order to carry
out this paragraph and to develop a nationwide public-private pension
assistance system.
`(A) PREPARATION- The Assistant
Secretary shall prepare a report that--
`(i) summarizes the distribution of funds
authorized for grants under this section and the expenditure of such
funds,
`(ii) summarizes
the scope and content of training and assistance provided under a program
carried out under this subsection and the degree to which the training and
assistance can be replicated,
`(iii) outlines the problems that individuals
participating in programs funded under this subsection encountered
concerning rights related to pension and other retirement benefits,
and
`(iv) makes
recommendations regarding the manner in which services provided in
programs funded under this subsection can be incorporated into the ongoing
programs of State agencies, area agencies on aging, multipurpose senior
centers, and other similar entities.
`(B) SUBMISSION- Not later than 30 months after the
date of the enactment of this Act, the Assistant Secretary shall submit
the report described in subparagraph (A) to the Committee on Education and
the Workforce of the House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate.
`(8) ADMINISTRATIVE EXPENSES- Of the funds appropriated to
carry out this subsection for a fiscal year, not more than $100,000 may be
used by the Administration for administrative expenses in carrying out
this subsection.
`(f) HEALTH CARE SERVICE
DEMONSTRATION PROJECTS IN RURAL AREAS-
`(1)
AUTHORITY- The Assistant Secretary, after consultation with the State
agency of the State involved, shall make grants in accordance with
paragraph (3) to eligible public agencies and nonprofit private
organizations to pay part or all of the cost of developing or operating
model health care service projects (including related home health care
services, adult day health care, outreach, and transportation) through
multipurpose senior centers that are located in rural areas and that
provide nutrition services under section 331, to meet the health care
needs of medically underserved older individuals residing in such
areas.
`(2) ELIGIBILITY- To be eligible to
receive a grant under paragraph (1), a public agency or nonprofit private
organization shall submit to the Assistant Secretary an application
containing such information and assurances as the Secretary may require by
rule, including--
`(A) information
describing the nature and extent of the applicant's--
`(i) experience in providing medical services of
the kinds to be provided in the project for which a grant is requested,
and
`(ii) coordination
and cooperation with--
`(I) institutions of higher education having
graduate programs with capability in public health, the medical sciences,
psychology, pharmacology, nursing, social work, health education,
nutrition, or gerontology, for the purpose of designing and developing
such project, and
`(II) critical access hospitals (as defined in
section 1861(mm)(1) of the Social Security Act) and rural health clinics
(as defined in section 1861(aa)(2) of the Social Security
Act),
`(B) assurances
that the applicant will carry out the project for which a grant is
requested, through a multipurpose senior center
located--
`(i)(I) in a rural
area that has a population of less than 5000, or
`(II) in a county that has fewer than 6
individuals per square mile, and
`(ii) in a State in
which--
`(I) not less
than 33 1/3 of the population resides in rural
areas,
`(II) not
less than 5 percent of the population resides in counties with fewer than
6 individuals per square mile, and
`(III) older individuals
comprise--
`(aa) not less
than 17 percent of the population, and
`(bb)
not less than 40 percent of the population residing in areas described in
subclauses (I) and (II),
as defined
and determined in accordance with the most recent data then available from
the Bureau of the Census, and
`(C) assurances that the applicant will submit to the Assistant Secretary
such evaluations and reports as the Assistant Secretary may require by
rule.
`(3) RULES- Not later than 180
days after the date of the enactment of this Act, the Secretary shall
issue rules to carry out this subsection.
`(4) REPORTS- The Assistant Secretary shall include in the reports
required by section 117, summaries of the evaluations and reports required
under paragraph (2).
`SEC. 115. MISUSE OF FUNDS
BY PROVIDERS.
`(a) AUTHORITY TO BAR PROVIDERS- If,
after notice and an opportunity for a hearing, it is
determined--
`(1) by the Assistant Secretary
that funds expended under this Act (excluding title V) by a State, a State
agency, or an area agency on aging, directly or indirectly by a grant to
or contract with a provider of goods or services, have not been expended
in compliance with this Act (excluding title V) or a regulation issued to
carry out this Act (excluding title V), or
`(2) by the Secretary of Labor that funds expended under title V by a
recipient of a grant under section 503(a)(1), directly or indirectly by a
grant to or contract with a provider to provide employment to older
individuals, have not been expended in compliance with such title or a
regulation issued to carry out such title,
then
the Assistant Secretary or the Secretary, as the case may be, may issue an
order barring such provider, for a period not to exceed 5 years as
specified in such order, from receiving a grant, or entering into a
contract, to provide goods, services, or employment with funds made
available under this Act (excluding title V) or such title, as the case
may be.
`(b) EFFECT OF ORDER- For the period during
which an order issued under subsection (a) is in effect, none of the funds
made available under this Act (excluding title V) or title V, as the case
may be, may be expended directly or indirectly by a grant to or contract
with the provider that is the subject of such order.
`SEC. 116. EVALUATIONS.
`(a) DUTY OF
SECRETARY- The Secretary may measure and evaluate the impact and
effectiveness of all programs, projects, and activities carried out with
funds provided under this Act. Evaluations shall be conducted by persons
not immediately involved in the administration of the programs, projects,
and activities evaluated.
`(b) SOURCES OF EVALUATION
INFORMATION- In carrying out evaluations under subsection (a), the
Secretary shall--
`(1) to the maximum extent
practicable, arrange to obtain the opinions of participants in the
programs, projects, and activities being evaluated, and
`(2) consult with organizations concerned with the welfare
of older individuals.
`SEC. 117.
REPORTS.
`Not later than 120 days after the end of
each fiscal year beginning after September 30, 1999, the Assistant
Secretary shall prepare and submit to the President and to the the Speaker
of the House of Representative and the President pro tempore of the
Senate, a complete report on the programs, projects, and activities
carried out under this Act in such fiscal year. Such report shall
include--
`(1) statistical data reflecting
services and activities provided under this Act to older individuals
during the fiscal year for which such report is submitted,
`(2) statistical data collected under section 112(9),
and
`(3) statistical data, and an analysis
of information, regarding the effectiveness of the State agency and area
agencies on aging in targeting services to older individuals with greatest
economic need and older individuals with greatest social need (with
particular attention to low-income minority older
individuals).
`SEC. 118. REDUCTION OF
PAPERWORK.
`In order to reduce unnecessary,
duplicative, or disruptive demands for information, the Assistant
Secretary, in consultation with State agencies and other appropriate
agencies and organizations, shall continually review and evaluate all
requests by the Administration for information under this Act and shall
take such action as may be necessary to reduce the paperwork required
under this Act. The Assistant Secretary shall request only such
information as the Assistant Secretary deems essential to carry out the
purpose and provisions of this Act and, in gathering such information,
shall make use of uniform service definitions to the extent that such
definitions are available.
`SEC. 119. SURPLUS
PROPERTY ELIGIBILITY.
`Any State or local government
agency, and any nonprofit organization or institution, that receives funds
appropriated for programs for older individuals under this Act, under
title IV or title XX of the Social Security Act, under title VIII or X of
Public Law 88-452 (commonly known as the Economic Opportunity Act of 1964)
or the Community Services Block Grant Act, shall be deemed to be eligible
to receive for such programs, property that is
declared
surplus to the needs of the Federal Government in accordance with laws
applicable to surplus property.
`SEC. 120. BENEFIT
TREATMENT UNDER OTHER LAWS.
`No benefit (excluding
wages and cash allowances that are not reimbursements) received under a
program, project, or activity carried out under this Act shall be treated
under any Federal, State, or local law as income or resources of an
eligible individual participating in such program, project, or
activity.
`SEC. 121. AUTHORIZATION OF
APPROPRIATIONS.
`(a) IN GENERAL- For the expenses
(including salaries) of the Administration on Aging to carry out this Act
(other than subsections (c), (d), (e), and (f) of section 114), there are
authorized to be appropriated $15,100,000 for fiscal year 2000 and such
sums as may be necessary for fiscal years 2001, 2002, 2003,
2004.
`(b) RESEARCH, TRAINING, AND DEMONSTRATION-
(1) There are authorized to be appropriated to carry out subsections (c),
(d), (e), and (f) of section 114, $18,400,000 for fiscal year 2000 and
such sums as may be necessary for fiscal years 2001, 2002, 2003, and
2004.
`(2) Of the amount appropriated under
paragraph (1) for each fiscal year--
`(A) not
more than $1,000,000 shall be available to carry out section 112(12),
and
`(B) subject to paragraph
(3)--
`(i) not less than $540,000 shall
be available to make grants under section 114(d) to Hispanic Centers of
Excellence in Applied Gerontology, and
`(ii) not less than $1,200,000 shall be available to
make grants under section 114(d) to historically Black colleges or
universities,
`(C) not less than
$1,000,000 shall be available to carry out section 114(e),
and
`(D) not less than $1,500,000
shall be available to carry out section 114(f).
`(3) If the amount appropriated under paragraph (1) for any
fiscal year is less than the aggregate of the amounts specified in
subparagraphs (B), (C), and (D) of paragraph (2), each of such amounts
shall be reduced pro rata as necessary to cause such aggregate to equal
such amount.
`TITLE II--GRANTS FOR NATIVE
AMERICAN PROGRAMS ON AGING
`SEC. 201. GRANTS
FOR SERVICES TO NATIVE AMERICANS.
`(a) AUTHORITY TO
MAKE GRANTS- The Assistant Secretary may make grants to eligible
organizations to pay all of the costs for delivery of supportive services
and nutrition services for older individuals who are Native
Americans.
`(b) ELIGIBILITY OF ORGANIZATIONS- An
organization is eligible to receive a grant under this title (excluding
section 204) only if the organization is--
`(1)
a tribal organization that--
`(A)
represents at least 50 older individuals, and
`(B) demonstrates the ability to deliver supportive
services and nutritional services,
`(2) an Alaska Native organization that--
`(A) represents at least 50 older individuals,
and
`(B) demonstrates the ability
to deliver supportive services and nutritional services,
or
`(3) a public or nonprofit private
organization that--
`(A) will serve at
least 50 older individuals who are Native Hawaiians,
and
`(B) demonstrates the ability
to deliver supportive services and nutrition services.
`SEC. 202. APPLICATIONS FOR GRANTS.
`(a)
REQUIREMENT- A grant may not be made under this title (excluding section
204) unless an eligible organization submits an application to the
Assistant Secretary that meets such criteria as the Assistant Secretary
may establish by rule. Each such application shall--
`(1) provide that such organization shall evaluate the
need for supportive and nutrition services among older individuals who
are--
`(A) Indians represented by such
organization if such organization is a tribal
organization,
`(B) Alaska Natives
represented by such organization if such organization is an Alaska Native
organization, or
`(C) Native
Hawaiians to be served by such organization,
`(2) provide for the use of such methods of administration
as are necessary for the proper and efficient administration of the
project to be carried out with such grant,
`(3) provide an assurance that such organization will make such reports in
such form and containing such information, as the Assistant Secretary may
reasonably require, and comply with such requirements as the Assistant
Secretary may impose to ensure the correctness of such
reports,
`(4) provide for periodic
evaluation of the project to be carried out with such
grant,
`(5) establish objectives toward
which such project will be directed, identify obstacles to the attainment
of such objectives, and indicate the manner in which such organization
proposes to overcome such obstacles,
`(6)
provide for establishing and maintaining information and assistance
services to ensure that older individuals who are served by such project
will have reasonably convenient access to the services and activities
provided by such project,
`(7) provide that
a preference for older individuals who are Native Americans for full- or
part-time staff positions will be given whenever feasible,
`(8) provide an assurance that, either directly or by way
of grant or contract with appropriate entities, nutrition services will be
delivered to older individuals who are--
`(A) Indians represented by such organization if such
organization is a tribal organization,
`(B) Alaska Natives represented by such organization
if such organization is an Alaska Native organization,
or
`(C) Native Hawaiians to be
served by such organization,
and will
substantially comply with chapter 2 of subtitle A of title III, except
that in any case in which the need of such individuals for nutritional
services is already met from other sources, such organization may expend
for supportive services the funds otherwise required to be expended under
this paragraph,
`(9) provide that any legal
services or ombudsman services made available to older individuals who
are--
`(A) Indians represented by such
organization if such organization is a tribal
organization,
`(B) Alaska Natives
represented by such organization if such organization is an Alaska Native
organization, or
`(C) Native
Hawaiians to be served by such organization,
will be in substantial compliance with the provisions of
subtitle A of title III relating to the furnishing of similar
services,
`(10) contain satisfactory
assurances that fiscal control and fund accounting procedures will be
adopted as may be necessary to ensure proper disbursement of, and
accounting for, Federal funds paid under this title to such organization,
including any funds paid by such organization to a recipient of a grant or
contract,
`(11) contain assurances that
such organization will coordinate services provided under this title with
services provided under subtitle A of title III in the same geographical
area, and
`(12) if the organization elects
to solicit voluntary contributions from older individuals, provide that
such organization will ensure that such contributions will
be--
`(A) based on the ability of the
older individuals to make such contributions, and
`(B) used to increase, or to expand access to,
services provided under this title.
`(b)
POPULATION STATISTICS- For the purpose of any application submitted under
subsection (a), an eligible organization may develop its own population
statistics, with a certification from the Bureau of Indian Affairs, in
order to establish eligibility to receive a grant under this
title.
`(c) APPROVAL OF APPLICATION- The Assistant
Secretary shall approve any application that complies with subsection
(a).
`(d) APPLICATION NOT APPROVED- Whenever the
Assistant Secretary determines not to approve an application submitted
under subsection (a) the Assistant Secretary shall--
`(1) state objections in writing to the organization
within 60 days after such determination,
`(2) provide, to the extent practicable, technical assistance to the
organization to overcome such stated objections, and
`(3) provide the organization with a hearing, under such
rules as the Assistant Secretary may issue.
`(e) PERIOD FUNDED- Whenever the Assistant Secretary approves an
application of an organization under subsection (a), a grant shall be made
for a period of not less than 12 months.
`SEC. 203.
DISTRIBUTION OF FUNDS AMONG TRIBAL ORGANIZATIONS, ALASKA NATIVE
ORGANIZATIONS, AND ORGANIZATIONS SERVING NATIVE HAWAIIANS.
`(a) MAINTENANCE OF 1991 AMOUNTS- Subject to the availability
of appropriations to carry out this title, the amount of the grant (if
any) made under this title to a tribal organization, an Alaska Native
organization, or an organization serving Native Hawaiians for fiscal year
2000 and for each subsequent fiscal year shall be not less than the amount
of the grant made under title VI of the Older Americans Act of 1965 to the
tribal organization, the Alaska Native organization, or the organization
serving Native Hawaiians for fiscal year 1991.
`(b)
USE OF ADDITIONAL AMOUNTS APPROPRIATED- If the amount appropriated to
carry out this title in a fiscal year subsequent to fiscal year 2000
exceeds the amount appropriated to carry out title VI of the Older
Americans Act of 1965 in fiscal year 1991, then the amount of the grant
(if any) made under this title to a tribal organization, an Alaska Native
organization, or an organization serving Native Hawaiians for such
subsequent fiscal year shall be--
`(1) increased
by such amount as the Assistant Secretary considers to be appropriate, in
addition to the amount of any increase required by subsection (a), so that
the grant equals or more closely approaches the amount of the grant made
under title VI of the Older Americans Act of 1965 to the tribal
organization or the Alaska Native organization for fiscal year 1980, or to
the organization serving Native Hawaiians for fiscal year 1995,
or
`(2) an amount the Assistant Secretary
considers to be sufficient if the tribal organization, the Alaska Native
organization, or the organization serving Native Hawaiians did not receive
a grant under title VI of the Older Americans Act of 1965 for either
fiscal year 1980 or fiscal year 1991.
`SEC. 204.
SURPLUS EDUCATIONAL FACILITIES.
`(a) REQUIREMENT-
Notwithstanding any other provision of law, the Secretary of the
Interior--
`(1) acting through the Bureau of
Indian Affairs, shall make available surplus Indian educational facilities
and surplus Alaska Native educational facilities to tribal organizations
and Alaska Native organizations, and to nonprofit organizations with the
approval of the Indian tribe or Alaska Native organization involved,
and
`(2) shall make available to
organizations described in section 201(b)(3) any other surplus educational
facilities located in the State of Hawaii that are under the control of
the Secretary of the Interior,
for use as
multipurpose senior centers. Such centers may be altered so as to provide
extended care facilities, community center facilities, nutrition services,
adult day care services, child care services, and other supportive
services.
`(b) APPLICATION- To request to receive
surplus educational facilities made available under subsection (a), a
tribal organization, an Alaska Native organization, or an organization
described in section 201(b)(3) shall submit an application to the
Secretary of the Interior at such time
and in such
manner, and containing such information, as the Secretary of the Interior
determines to be necessary to carry out this section.
`SEC. 205. ADMINISTRATION.
`For the
purpose of issuing rules to carry out this title, the Assistant Secretary
shall consult with the Secretary of the Interior.
`SEC. 206. PAYMENTS.
`Payments may be
made under this title (after necessary adjustments on account of
previously made overpayments or underpayments) in advance or by way of
reimbursement in such installments and on such conditions as the Assistant
Secretary may determine.
`SEC. 207. AUTHORIZATION OF
APPROPRIATIONS.
`There are authorized to be
appropriated to carry out this title $18,800,000 for fiscal year 2000 and
such sums as may be necessary for fiscal years 2001, 2002, 2003, and
2004.
`TITLE III--GRANTS FOR STATE AND
COMMUNITY PROGRAMS ON AGING
`Subtitle A--Grants for Programs on
Aging
`CHAPTER 1--GENERAL
PROVISIONS
`SEC. 301. TECHNICAL ASSISTANCE AND
COOPERATION.
`In carrying out this title, the
Assistant Secretary may request the technical assistance and cooperation
of such other Federal agencies as the Assistant Secretary considers to be
appropriate.
`SEC. 302. ALLOTMENTS; FEDERAL
SHARE.
`(a) ALLOTMENT OF FUNDS FOR SUPPORTIVE
SERVICES, MULTIPURPOSE SENIOR CENTERS, AND NUTRITION SERVICES-
`(1) RESERVATION OF FUNDS- (A) Subject to subparagraphs
(B), (C), and (D), the amounts appropriated under subsections (a), (b),
and (c) of section 391 for fiscal years 2000 through 2004 shall be
allotted by the Assistant Secretary among the States proportionately based
on the population of individuals 60 years of age or older in the
States.
`(B) Subject to subparagraph (C),
the amounts allotted under subparagraph (A) shall be reduced
proportionately to the extent necessary to increase other allotments under
such subparagraph (A) to achieve the following:
`(i) Each State shall be allotted 1/2 of 1 percent of
the amount appropriated for the fiscal year for which the determination is
made.
`(ii) Guam and the Virgin
Islands of the United States shall each be allotted 1/4 of 1 percent of
the amount appropriated for the fiscal year for which the determination is
made.
`(iii) American Samoa and
the Commonwealth of the Northern Mariana Islands shall each be allotted
1/16 of 1 percent of the amount appropriated for the fiscal year for which
the determination is made.
`(C) For
each fiscal year each State shall be allotted an amount that is not less
than the amount allotted to such State under section 304(a)(1) of the
Older Americans Act of 1965 for fiscal year 1987.
`(D) For the purposes of subparagraphs (B)(i) and (C), the
term `State' does not include Guam, American Samoa, the Virgin Islands of
the United States, and the Commonwealth of the Northern Mariana
Islands.
`(E) The number of individuals 60
years of age or older in any State and in all States shall be determined
by the Assistant Secretary on the basis of the most recent data available
from the Bureau of the Census and other reliable demographic data
satisfactory to the Assistant Secretary.
`(2) WITHHOLDING OF FUNDS- (A) If the Assistant Secretary finds that a
State fails to qualify under the State plan requirements of section 304,
the Assistant Secretary shall withhold from the State funds allotted under
paragraph (1) for the fiscal year for which such plan is
submitted.
`(B) The Assistant Secretary
shall disburse the funds so withheld directly to any public or nonprofit
private institution or organization, agency, or political subdivision of
the State submitting an approved plan under section 304, that includes an
agreement that any such funds so disbursed shall be matched in cash or in
kind, from non-Federal sources, to pay the remainder of the cost of
carrying out chapters 2 and 3 as described in paragraph (3)(A), but not
less than 15 percent of such cost.
`(3)
FEDERAL SHARE- (A) Funds received by a State from allotments made under
this subsection for a fiscal year may be used to pay not more than 85
percent of the cost of carrying out chapters 2 and 3.
`(B) The non-Federal share of such cost shall be
contributed in cash or in kind. In determining the amount of the
non-Federal share, the Assistant Secretary may attribute fair market value
to services and facilities contributed from non-Federal
sources.
`(b) ALLOTMENT OF ADDITIONAL FUNDS FOR
STATE LONG-TERM CARE OMBUDSMAN PROGRAMS AND FOR SERVICES FOR THE
PREVENTION AND REMEDIATION OF ELDER ABUSE, NEGLECT, AND EXPLOITATION-
`(1) POPULATION- Amounts appropriated under
section 493 for a fiscal year shall be allotted by the Assistant Secretary
initially among the States proportionately based on the population of
individuals 60 years of age or older in the States.
(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.
`(A) The
amounts allotted under paragraph (1) shall be reduced proportionately to
the extent necessary to increase other allotments under such paragraph to
achieve the amounts described in subparagraph (B).
`(B)(i) Each State shall be allotted 1/2 of 1 percent
of the amount appropriated for the fiscal year for which the determination
is made.
`(ii) Guam and the Virgin
Islands of the United States shall each be allotted 1/4 of 1 percent of
the amount appropriated for the fiscal year for which the determination is
made.
`(iii) American Samoa and
the Commonwealth of the Northern Mariana Islands shall each be allotted
1/16 of 1 percent of the amount appropriated for the fiscal year for which
the determination is made.
`(C) For
the purposes of subparagraph (B)(i), the term `State' does not include
Guam, American Samoa, the Virgin Islands of the United States, and the
Commonwealth of the Northern Mariana Islands.
`(d) PERMITTED USE OF ALLOTMENTS-
`(1)
ADMINISTRATION OF STATE PLANS- (A) Except as provided in subparagraph (B),
5 percent of the allotment made to a State under subsection (a) or
$500,000, whichever is greater, shall be available to the State to use in
accordance with section 306(a).
`(B) In the
case of an allotment made under subsection (a) to Guam, American Samoa,
the Virgin Islands of the United States, and the Commonwealth of the
Northern Mariana Islands, 5 percent of such allotment or $100,000,
whichever is greater, shall be available to each to use in accordance with
section 306(a).
`(2) APPLICATION TO USE
ADDITIONAL FUNDS- (A) If the Assistant Secretary determines, based upon a
particularized showing of need that--
`(i) the State will be unable to fully and effectively administer its
State plan and to carry out programs, projects, and activities authorized
by chapters 2 and 3 unless additional funds are made available by the
Assistant Secretary,
`(ii) the
State is making full and effective use of its allotment under paragraph
(1) and of the personnel of the State agency and area agencies designated
under section 303(a)(2)(A) in the administration of its State plan in
accordance with section 306(a), and
`(iii) the State agency and area agencies on aging are
carrying out, on a full-time basis, programs, projects, and activities
that are in furtherance of the purpose of chapters 2 and
3,
then the Assistant Secretary may
approve an application submitted by the State to request permission to use
in accordance with section 306(a) a greater percentage of its allotment
under subsection (a).
`(B) Subject to
subparagraph (C), the Assistant Secretary may approve any part of the
greater percentage requested in such application that the Assistant
Secretary determines is justified in such application.
`(C) The aggregate amount available under this subsection
to a particular State in any fiscal year may not exceed 3/4 of 1 percent
of the allotment made under subsection (a) for such fiscal
year.
`(D) An application submitted under
subparagraph (A) by a State may not be approved unless it contains
assurances that no funds received by the State under this subsection will
be used to hire any individual to fill a job opening created by the action
of the State in laying off or terminating the employment of any regular
employee not supported under this Act in anticipation of filling the
vacancy so created by hiring an employee to be supported through use of
amounts received under this subsection.
`(3) ADDITIONAL USES- Of the allotment made under subsection (a) to a
State for a fiscal year and remaining after the application of paragraph
(1), such part as the State agency determines, but not more than 10
percent of such remaining amount, may be used to pay such percentage as
the State agency determines, but not more than 75 percent, of the
administrative costs incurred to carry out area plans submitted in
accordance with section 305.
`SEC. 303.
ELIGIBILITY OF STATES; ORGANIZATION.
`(a)
ELIGIBILITY OF STATES- For a State to be eligible to receive funds
allotted under section 302(a)--
`(1) the State
shall, in accordance with rules issued by the Secretary, designate a State
agency as the sole State agency to--
`(A) develop a State plan to be submitted to the Assistant Secretary for
approval under section 304,
`(B)
administer the State plan within the State,
`(C) be responsible for the planning, policy
development, administration, coordination, priority setting, and
evaluation of all State activities related to carrying out chapters 2 and
3,
`(D) serve as an effective and
visible advocate for older individuals by reviewing and commenting on all
State plans, budgets, and policies that affect older individuals, and to
provide technical assistance to any agency, organization,
or
association representing the needs of older
individuals, and
`(E) except as provided in
subsection (d), divide the State into distinct planning and service areas
or designate the entire State as a single planning and service
area,
`(2) the State agency
shall--
`(A) designate an area agency
on aging for each planning and service area,
`(B) take into account in the development and
administration of the State plan for any fiscal year the views
of--
`(i) recipients of
supportive services, nutrition services, or community service employment,
or
`(ii) individuals
using multipurpose senior centers,
as the case may be, provided under such
plan,
`(C) after consultation with
area agencies and using the best available data, develop and publish for
review and comment a formula for distribution within the State of funds
received under chapters 2 and 3 that takes into
account--
`(i) the
geographical distribution (including distribution in rural areas) of older
individuals in the State, and
`(ii) the distribution among planning and service
areas of older individuals with greatest economic need and older
individuals with greatest social need, with particular attention to
low-income minority older individuals and to older individuals residing in
rural areas, and
`(D) provide
an assurance that preference will be given to providing services to older
individuals with greatest economic need and older individuals with
greatest social need, with particular attention to low-income minority
older individuals and to older individuals residing in rural areas, and
include in the State plan a description of the methods the State will use
to carry out such preference.
`(b)
DESIGNATION OF AREA AGENCIES ON AGING- (1) An area agency on aging
designated under subsection (a) shall be--
`(A)
an established office of aging,
`(B) any
office or agency of a unit of general purpose local government, that is
designated to function only for the purpose of serving as an area agency
on aging by the chief elected official of such unit,
`(C) any office or agency designated by the appropriate
chief elected officials of any combination of units of general purpose
local government to act only on behalf of such combination for such
purpose,
`(D) any public or nonprofit
private agency in a planning and service area, or any separate
organizational unit within such agency, that is under the supervision or
direction for this purpose of the designated State agency and that can and
will engage only in the planning or provision of a broad
range
of supportive services, or nutrition services
within the planning and service area, or
`(E) in the
case of a State designated under subsection (a)(1)(E) as a single planning
and service area, the State agency,
and shall
provide assurance, determined adequate by the State agency, that the area
agency on aging will have the ability to develop an area plan and to carry
out, directly or through contractual or other arrangements, a program in
accordance with the plan within the planning and service area.
`(2) In designating an area agency on aging within the
planning and service area or within any unit of general purpose local
government designated as a planning and service area, the State shall give
preference to an established office on aging, unless the State agency
finds that no such office within the planning and service area will have
the capacity to carry out the area plan.
`(1) ESTABLISHMENT OF PROCEDURES- A
State agency shall establish, after consultation with area agencies on
aging, procedures to provide due process to affected parties, if the State
agency initiates an action or proceeding to change the designation of any
designated planning and service area or of any designated area agency on
aging.
`(2) REQUIREMENTS- Such procedures
shall include--
`(A) providing notice
of an action or proceeding described in paragraph (1),
`(B) documenting the need for the action or
proceeding,
`(C) conducting a
public hearing for the action or proceeding,
`(D) involving area agencies on aging, service
providers, and older individuals in the action or proceeding,
and
`(E) allowing an appeal of the
decision of the State agency in the action or proceeding to the Assistant
Secretary.
`(d) GRANDFATHER PROVISION- A
State that on or before October 1, 1980, had designated, with the approval
of the Commissioner on Aging, a single planning and service area covering
all of the older individuals in the State, in which the State agency was
administering the area plan, may after that date designate one or more
additional planning and service areas within the State to be administered
by public or nonprofit private agencies or organizations as area agencies
on aging. The State agency shall continue to perform the functions of an
area agency on aging for any area of the State not included in a planning
and service area for which an area agency on aging has been
designated.
`SEC. 304. STATE PLANS.
`(a) PLAN- To be eligible for grants from its allotment under
section 302(a) for any fiscal year, each State shall submit to the
Assistant Secretary a State plan for a 2-, 3-, or 4-year period determined
by the State agency, with such annual revisions as are necessary. Each
such plan shall comply with all of the following requirements:
`(1) UNIFORM AREA PLAN FORMAT- The plan shall be based
upon area plans developed by area
agencies on aging
within the State designated under section 303(a)(2)(A), and the State will
prepare and distribute a uniform format to be used by area agencies on
aging to submit to the State agency the area plans developed under section
305.
`(2) APPROVAL OF AREA PLAN- The plan shall
provide that each area agency on aging designated under section
303(a)(2)(A) will develop and submit to the State agency for approval an
area plan that complies with section 305.
`(3) EVALUATION OF NEED- The plan shall provide that the State agency will
evaluate the need for supportive services, nutrition services (taking into
consideration the comparative need for home-delivered nutrition services
and for congregate nutrition services), multipurpose senior centers, and
community service employment within the State in serving eligible
populations (including older individuals with greatest economic need and
older individuals with greatest social need, with particular attention to
low-income minority older individuals and to older individuals residing in
rural areas) and will determine the extent to which existing public or
private programs meet such need. To conduct the evaluation, the State
agency shall use the procedures implemented under section
112(10).
`(4) HEARINGS- The plan shall
provide that the State agency will establish a grievance procedure that
will afford an opportunity for a hearing upon
request to any area agency on aging submitting a plan under section
305, to any provider of a service under such a plan, or to any applicant
to provide a service under such a plan. The State agency shall establish
and publish the procedures for requesting and conducting such
hearing.
`(5) FISCAL CONTROL AND FUND ACCOUNTING;
CONFLICTS OF INTEREST- (A) The plan shall provide satisfactory assurance
that such fiscal control and fund accounting procedures will be adopted as
may be necessary to assure proper disbursement of, and accounting for,
funds received from allotments made under section 302(a) to the State,
including any such funds paid to the recipients of a grant or
contract.
`(B) The plan shall provide
assurances that--
`(i) no individual
(appointed or otherwise) involved in the designation of the State agency
or an area agency on aging, or in the designation of the head of any
subdivision of the State agency or of an area agency on aging, is subject
to a conflict of interest prohibited under this
subtitle,
`(ii) no officer,
employee, or other representative of the State agency or an area agency on
aging is subject to a conflict of interest prohibited under this subtitle,
and
`(iii) mechanisms are in place
to identify and remove conflicts of interest prohibited under this
subtitle.
`(C) The plan shall provide
assurances that the State agency and each area agency on aging
will--
`(i) maintain the integrity and
public purpose of services provided, and service providers, under the
State plan in all contractual and commercial relationships,
and
`(ii) demonstrate that the
quantity or quality of the services to be provided under the State plan
will be enhanced as a result of such contract or such
relationship,
`(6) INFORMATION AND
ASSISTANCE SERVICES- The plan shall provide for establishing and
maintaining information and assistance services in sufficient numbers to
ensure, to the maximum extent practicable, that all older individuals in
the State who are not furnished adequate information and assistance
services under section 305(a)(3) will have reasonably convenient access to
such services.
`(7) LIMITATIONS- (A) The
plan shall provide that no supportive services, nutrition services, or
in-home services will be directly provided by the State agency or an area
agency on aging, except when, in the judgment of the State
agency--
`(i) provision of such
services by the State agency or an area agency on aging is necessary to
ensure an adequate supply of such services,
`(ii) such services are directly related to the
administrative functions of the State agency or area agency on aging,
or
`(iii) such services of
comparable quality can be provided more economically by the State agency
or area agency on aging.
`(B)
Subparagraph (A) shall not apply with respect to information and
assistance services or to outreach.
`(C)
Subparagraph (A) shall not apply with respect to case management services
provided by an area agency on aging.
`(8)
STATE LONG-TERM CARE OMBUDSMAN PROGRAM- Subject to subsection (g), the
plan shall provide assurances that the State agency will carry out a State
long-term care ombudsman program in accordance with subtitles B and D of
title IV.
`(9) LEGAL ASSISTANCE- The plan
shall contain assurances that with respect to legal
assistance--
`(A) that area agencies on
aging--
`(i) will enter into
contracts with providers of legal assistance that can demonstrate the
experience or capacity to deliver legal
assistance,
`(ii) will
attempt to involve the private bar in legal assistance activities
authorized under this chapter, including groups within the private bar
furnishing services to older individuals on a pro bono and reduced fee
basis, and
`(iii) may
provide, through the use of qualified personnel, legal assistance related
to income, health care, long-term care, nutrition, housing, utilities,
protective services, guardianship, abuse neglect, and age
discrimination,
`(B) the
State agency will provide for the coordination of the furnishing of legal
assistance to older individuals in the State, will provide advice and
technical assistance in the provision
of legal
assistance to older individuals in the State, and will support the
furnishing of training and technical assistance for legal assistance for
older individuals, and
`(C) to the extent
practicable, that legal assistance furnished under the plan will be in
addition to any legal assistance for older individuals being furnished
with funds from sources other than this Act and that reasonable efforts
will be made to maintain existing levels of legal assistance for older
individuals.
`(10) PREVENTION AND
REMEDIATION OF ELDER ABUSE, NEGLECT, AND EXPLOITATION- Subject to
subsection (g), and if the State elects to provide for a fiscal year for
services for the prevention and remediation of elder abuse, neglect, and
exploitation, the plan shall contain assurances that such services will be
provided in accordance with subtitles C and D of title IV.
`(11) OUTREACH- The plan shall provide assurances that the
State agency will require outreach efforts that will--
`(A) identify individuals eligible for assistance
under chapters 2 and 3, with special emphasis on--
`(i) older individuals residing in rural
areas,
`(ii) older
individuals with greatest economic need (with particular attention to
low-income minority older individuals) and older individuals with greatest
social need (with particular attention to low-income minority older
individuals),
`(iii)
older individuals with severe disabilities,
`(iv) older individuals with limited
English-speaking ability, and
`(v) older individuals with Alzheimer's disease or
related disorders with neurological and organic brain dysfunction (and the
caregivers of such individuals), and
`(B) inform the older individuals referred to in
clauses (i) through (v) of subparagraph (A), and the caregivers of such
individuals, of the availability of such assistance.
`(12) OLDER INDIVIDUALS WITH DISABILITIES- The plan shall
provide, with respect to the needs of older individuals with disabilities,
assurances that the State agency will coordinate planning, identification,
assessment of needs, and services for older individuals with disabilities
(with particular attention to individuals with severe disabilities) with
the State agencies with responsibility for individuals with disabilities
(including severe disabilities).
`(13)
COORDINATION OF COMMUNITY-BASED LONG-TERM CARE SERVICES- The plan shall
provide assurances that area agencies on aging will conduct efforts to
facilitate the coordination of community-based long-term care services,
pursuant to section 305(a)(5)(G), for older individuals
who--
`(A) reside at home and are at
risk of institutionalization because of limitations on their ability to
function independently,
`(B) are
patients in hospitals and are at risk of prolonged institutionalization,
or
`(C) are patients in long-term
care facilities, but who can return to their homes if community-based
services are provided to them.
`(14)
PROHIBITION ON MISUSE OF FUNDS- The plan shall provide assurances that
funds received from allotments under section 302(a) will not be used to
pay any part of a cost (including an administrative cost) incurred by the
State or an area agency on aging to carry out a contract or commercial
relationship that is not related to implementation of chapter 2 or
3.
`(15) COORDINATION OF SERVICES;
PROVISION OF MULTIGENERATIONAL SERVICES- The plan shall provide assurances
that demonstrable efforts will be made--
`(A) to coordinate services provided under chapters 2
and 3 with other State services that benefit older individuals,
and
`(B) to provide
multigenerational activities, such as opportunities for older individuals
to serve as mentors or advisers in programs that provide child care, youth
day care, educational assistance, at-risk youth intervention, juvenile
delinquency treatment, and family support.
`(16) QUALITY ASSURANCE- The plan shall include assurances
that the State has in effect a mechanism to provide for quality in the
provision of services under chapters 2 and 3.
`(17) VOLUNTARY CONTRIBUTIONS- The plan shall provide,
after the State consults with area agencies on aging and with service
providers and provides an opportunity for older individuals to submit
comments to the State, that recipients of services (excluding information
and assistance services, outreach, benefits counseling, case management
services, ombudsman services, and protective services) under State plans
or area plans will be given an opportunity to voluntarily contribute to
the cost of such services.
`(18)
SOLICITATION OF VOLUNTARY CONTRIBUTIONS- The plan shall provide that the
State will permit area agencies on aging to permit service providers to
solicit for services provided under the plan voluntary contributions
that--
`(A) are based on the ability of
older individuals to make such contributions, and
`(B) will be used to increase, or expand access to,
services provided under the plan.
`(19) USE OF VOUCHERS TO OBTAIN SERVICES- (A) Subject to subparagraph (B),
the plan shall identify each specific supportive service and each
nutrition service, if any, the State agency elects to permit area agencies
on aging to provide by issuing vouchers (redeemable by the State agency or
area agency on aging) to older individuals to permit such individuals to
obtain such service.
`(B) A State agency
may make an election under subparagraph (A) with respect to a nutrition
service only if the plan includes an assurance that--
`(i) such service provided in exchange for vouchers
will provide meals that satisfy the requirements specified in section
332(2)(A), and
`(ii) an area
agency on aging will be permitted by the State agency to provide such
service by issuing such vouchers, only if the area agency on aging is
unable to provide such service by contract with a service
provider.
`(20) INFORMATION ON MEETING
NEEDS- The plan shall contain information describing how the State and
area agencies on aging are meeting the needs that older individuals have
for outreach, case management services, transportation services,
information and assistance services, in-home services, and legal
assistance.
`(21) INFORMATION RELATING TO
RURAL AREAS- The plan shall, with respect to the fiscal year preceding the
fiscal year for which such plan is prepared, describe the methods and
difficulties in providing services to older individuals who reside in
rural areas (in particular, problems regarding transportation and the cost
of providing services).
`(22) SERVICES IN
RURAL AREAS- For each fiscal year the plan shall identify, and take into
consideration for purposes of allocating funds to area agencies on aging,
the actual and projected additional costs for providing services under
this title, in particular the cost of providing access to such services to
older individuals residing in rural areas.
`(23) COORDINATION OF SERVICES TO BLIND OLDER INDIVIDUALS- The plan shall
provide, with respect to blind older individuals, that the State agency
will coordinate services provided under this Act with services provided
under chapter 2 of title VII of the Rehabilitation Act of
1973.
`(b) APPROVAL OF STATE PLAN- The
Assistant Secretary shall approve any State plan that the Assistant
Secretary finds fulfills the requirements of subsection (a).
`(c) DISAPPROVAL OF STATE PLAN- (1) The Assistant Secretary
shall not make a final determination disapproving any State plan, or any
modification thereof, or make a final determination that a State is
ineligible under section 303, without first affording the State reasonable
notice and opportunity for a hearing.
`(2) Not later
than 30 days after such final determination, a State dissatisfied with
such final determination may appeal such final determination to the
Secretary for review. If the State timely appeals such final determination
in accordance with subsection (e)(1), the Secretary shall dismiss the
appeal filed under this paragraph.
`(3)(A) If the
State is dissatisfied with the decision of the Secretary after review
under paragraph (2), the State may appeal such decision not later than 30
days after such decision and in the manner described in subsection
(e).
`(B) For purposes of appellate review under
subparagraph (A), a reference in subsection (e) to the Assistant Secretary
shall be deemed to be a reference to the Secretary.
`(d) NOTIFICATION OF STATE- (1) Whenever the Assistant Secretary, after
providing reasonable notice and opportunity for a hearing to the State
agency, finds that--
`(A) the State is not
eligible under section 303,
`(B) the State
plan has been so changed that it no longer complies substantially with
subsection (a), or
`(C) in the
administration of the plan there is a failure to comply substantially with
any provision of subsection (a),
the Assistant
Secretary shall notify the State agency that no further payments from its
allotments under section 302(a) will be made to the State (or, in the
Assistant Secretary's discretion, that further payments to the State will
be limited to projects under or portions of the State plan not affected by
such failure), until the Assistant Secretary is satisfied that there will
no longer be any failure to comply. Until the Assistant Secretary is so
satisfied, no further payments shall be made to the State from its
allotments under section 302(a) (or payments shall be limited to projects
under or portions of the State plan not affected by such
failure).
`(2)(A) The Assistant Secretary shall, in
accordance with rules the Secretary shall issue, disburse the funds so
withheld directly to any public or nonprofit private organization or
agency or political subdivision of the State submitting an approved plan
in accordance with the provisions of this section.
`(B) The limitation specified in section 302(a)(3) shall apply with
respect to the use of such funds by the organization, agency, or political
subdivision that receives such funds.
`(e) APPEAL-
(1) A State that is dissatisfied with a final action of the Assistant
Secretary under subsection (b), (c), or (d) may appeal to the United
States court of appeals for the circuit in which the State is located, by
filing a petition with such court within 30 days after such final action.
A copy of the petition shall be forthwith transmitted by the clerk of the
court to the Assistant Secretary, or any officer designated by the
Assistant Secretary for such purpose. The Assistant Secretary thereupon
shall file in the court the record of the proceedings on which the
Assistant Secretary's action is based, as provided in section 2112 of
title 28, United States Code.
`(2) Upon the filing
of such petition, the court shall have jurisdiction to affirm the action
of the Assistant Secretary or to set it aside, in whole or in part,
temporarily or permanently, but until the filing of the record, the
Assistant Secretary may modify or set aside the Assistant Secretary's
order. The findings of the Assistant Secretary as to the facts, if
supported by substantial evidence, shall be conclusive, but the court, for
good cause shown may remand the case to the Assistant Secretary to take
further evidence, and the Assistant Secretary shall, within 30 days, file
in the court the record of those further proceedings. Such new or modified
findings of fact shall likewise be conclusive if supported by substantial
evidence. The judgment of the court affirming or setting aside, in whole
or in part, any action of the Assistant Secretary shall be final, subject
to review by the Supreme Court of the United States upon certiorari or
certification as provided in section 1254 of title 28, United States
Code.
`(3) The commencement of proceedings under
this subsection shall not, unless so specifically ordered by the
court, operate as a stay of the Assistant Secretary's action.
`(f) PRESERVATION OF ATTORNEY-CLIENT PRIVILEGE- Neither a
State, nor a State agency, may require
any provider of
legal assistance under this chapter to reveal any information that is
protected by the attorney-client privilege.
`(g)
LIMITATION ON EXPENDITURES-
`(1) LIMITATION-
Not more than 15 percent of the allotment made under section 302(a) for a
fiscal year and remaining after the application of subsection (c)(1), may
be used to carry out the State long-term care ombudsman program described
in subsection (a)(8) and legal assistance described in subsection (a)(9),
and to provide services for the prevention of elder abuse, neglect, and
exploitation described in subsection (a)(10).
`(2) WAIVER- If the State demonstrates to the satisfaction
of the Assistant Secretary that the amount available as a result of the
application of such paragraph is insufficient to satisfy the need for
services under the State long-term care ombudsman program described in
subsection (a)(8), the need for legal assistance described in subsection
(a)(9), and the need for services to the prevent elder abuse, neglect, and
exploitation described in subsection (a)(10), then the Assistant Secretary
may grant a waiver that permits the State to use an additional 5 percent
of such allotment to satisfy such need.
`SEC.
305. AREA PLANS.
`(a) PLAN- Each area agency on
aging designated under section 303(a)(2)(A) shall, in order to be approved
by the State agency, prepare and develop an area plan for a planning and
service area for a 2-, 3-, or 4-year period determined by the State
agency, with such annual adjustments as may be necessary. Each such plan
shall be based upon a uniform format for area plans within the State. Each
such plan shall comply with all of the following requirements:
`(1) SCOPE OF PLAN- The plan shall provide, through a
comprehensive and coordinated system, for--
`(A) supportive services, nutrition services
(including in-home meals and congregate nutrition services), and, where
appropriate, for the establishment or maintenance of multipurpose senior
centers, within the planning and service area covered by the
plan,
`(B) determining the extent
of need for supportive services, nutrition services (taking into
consideration the comparative need for home-delivered nutrition services
and congregate nutrition services), and multipurpose senior centers in
such area (taking into consideration, among other things, the number of
older individuals with low incomes residing in such area (with particular
attention to low-income minority older individuals and to older
individuals residing in rural areas), the number of older individuals who
have greatest economic need residing in such area, the number of older
individuals who have greatest social need residing in such area, the
number of older individuals residing on reservations in such area, the
number of older individuals who are Indians residing in such area, and the
efforts of voluntary organizations in the community),
`(C) evaluating the effectiveness of the use of
resources in meeting such need, and
`(D) entering into agreements with providers of
supportive services, nutrition services, or multipurpose senior centers in
such area, for the provision of such services or centers to meet such
need.
`(2) PROMOTION OF INDEPENDENT
LIVING- The plan shall promote independent living through the provision of
home- and community-based care, address the nutrition and health-promotion
needs of older individuals, provide advocacy for and protect the rights of
vulnerable older individuals in both community-based and institutional
settings, specify efforts to be undertaken to ensure the quality of
supportive services and nutrition services provided in such settings,
enhance access to services provided under the plan, and encourage
community participation in carrying out the plan.
`(3) INFORMATION AND ASSISTANCE SERVICES- The plan shall
provide for the establishment and maintenance of information and
assistance services to ensure that older individuals within the planning
and service area covered by the plan will have reasonably convenient
access to such services, with particular emphasis on linking services
available to isolated older individuals and older individuals with
Alzheimer's disease or related disorders with neurological and organic
brain dysfunction (and the caregivers of individuals with such disease or
disorders).
`(4) SPECIFIC OBJECTIVES;
OUTREACH- (A) The plan shall contain assurances that the area agency on
aging will set specific objectives for providing services to older
individuals with greatest economic need (with particular attention to
low-income minority older individuals), older individuals with greatest
social need (with particular attention to low-income minority older
individuals), and to older individuals residing in rural
areas.
`(B) The plan shall contain
assurances that the area agency on aging will use outreach efforts that
will--
`(i) identify individuals
eligible for assistance under chapters 2 and 3, with special emphasis
on--
`(I) older individuals
residing in rural areas,
`(II) older individuals with greatest economic need (with particular
attention to low-income minority older individuals) and older individuals
with greatest social need (with particular attention to low-income
minority older individuals),
`(III) older individuals with severe
disabilities,
`(IV) older
individuals with limited English-speaking ability,
and
`(V) older
individuals with Alzheimer's disease or related disorders with
neurological and organic brain dysfunction (and the caregivers of such
individuals), and
`(ii)
inform the older individuals referred to in subclauses (I) through (V) of
clause (i), and the caregivers of such individuals, of the availability of
such assistance.
`(5) TECHNICAL
ASSISTANCE AND INFORMATION; ADVOCACY; ADVISORY COUNCIL- The plan shall
provide that the area agency on aging will--
`(A) furnish appropriate technical assistance, and
information in a timely manner, to providers of supportive services,
nutrition services, or multipurpose senior centers in the planning and
service area covered by the area plan,
`(B) take into account in connection with matters of
general policy arising in the development and administration of the area
plan, the views of recipients of services under such
plan,
`(C) serve as the advocate
and focal point for older individuals within the community by (in
cooperation with agencies, organizations, and individuals participating in
activities under the plan) monitoring, evaluating, and commenting on all
policies, programs, hearings, levies, and community actions that will
affect older individuals,
`(D)
establish an advisory council consisting of older individuals who are
participants or who are eligible to participate in programs assisted under
this title, representatives of older individuals, local elected officials,
providers of veterans' health care (if appropriate), and the general
public, to advise continuously the area agency on aging on all matters
relating to the development of the area plan, the administration of the
plan and operations conducted under the plan,
`(E) facilitate the coordination of community-based,
long-term care services designed to retain individuals in their homes,
thereby deferring unnecessary, costly institutionalization, and designed
to include the development of case management services as a component of
the long-term care services,
`(F)
facilitate the involvement of long-term care providers in the coordination
of community-based long-term care services and work to ensure community
awareness of and involvement in addressing the needs of residents of
long-term care facilities,
`(G)
coordinate services and activities carried out under the area plan
with--
`(i) activities of
community-based organizations established for the benefit of older
individuals with Alzheimer's disease or related disorders with
neurological and organic brain dysfunction (and the families of such
individuals), and
`(ii)
the mental health services provided by community health centers and by
other public agencies and nonprofit private organizations,
and
`(H) establish a
grievance procedure for older individuals who are dissatisfied with or
denied services under chapters 2 and 3.
`(6) VOLUNTEERS- The plan shall encourage, and enlist the
services of, local volunteer groups to provide assistance and services
appropriate to the unique needs of older individuals within the planning
and service area, including coordination with programs carried out under
parts A and C of title II of the Domestic Volunteer Service Act of 1973
(42 U.S.C. 5000 et seq.).
`(7) PREVENTION
AND REMEDIATION OF THE ABUSE, NEGLECT, OR EXPLOITATION OF OLDER
INDIVIDUALS- If the area agency on aging elects to provide a program to
prevent and to remediate the abuse, neglect, or exploitation of older
individuals or is required by the State agency to carry out such program,
the plan shall--
`(A) contain an
assurance that the area agency on aging will conduct such program
consistent with the provisions of this subtitle,
`(B) contain an assurance that the area agency on
aging will provide public education and outreach to identify and prevent
abuse, neglect, and exploitation of older individuals,
`(C) contain an assurance that the area agency on
aging--
`(i) will establish
procedures for receipt of reports of abuse, neglect, and exploitation of
older individuals, and
`(ii) upon receipt of a report of known or suspected instances of elder
abuse, neglect, or exploitation, shall promptly refer the reported matter
to the proper authorities for investigation and action consistent with
State law, and
`(D) specify
such other activities that the area agency determines to be beneficial in
the prevention of abuse, neglect, or exploitation of older individuals and
intends to carry out under such program.
`(8) DESCRIPTION OF ACTIVITIES- The plan
shall--
`(A) describe all activities of
the area agency on aging for which financial assistance is provided to
carry out chapters 2 and 3, and
`(B) contain an assurance that such activities conform
with--
`(i) the
responsibilities of the area agency on aging, as set forth in this
subsection, and
`(ii) the
laws, rules, and policies of the State in which the area agency on aging
is carrying out an area plan.
`(9) DISCLOSURE OF SOURCES AND EXPENDITURES OF FUNDS- The plan shall
contain an assurance that the area agency on aging will, on the request of
the State and for the purpose of monitoring compliance with this subtitle
(including conducting an audit), disclose all sources and expenditures of
funds such agency receives or expends to provide services to older
individuals.
`(10) PROHIBITION ON MISUSE OF
FUNDS- The plan shall contain assurances that funds received from
allotments under section 302(a) will not be used to pay any part of a cost
(including an administrative cost) incurred by the area agency on aging to
carry out a contract or commercial relationship that is not carried out to
implement chapters 2 and 3.
`(11)
PROHIBITION OF PREFERENCE- The plan shall contain assurances that
preference in receiving services under chapters 2 and 3 will not be given
by the area agency on aging to particular older individuals as a result of
a contract or commercial relationship that is not carried out to implement
such chapters.
`(12) CASE MANAGEMENT
SERVICES- The plan shall provide that case management services provided
under this chapter through the area agency on aging will--
`(A) not duplicate case management services provided
through other Federal and State programs,
`(B) be coordinated with services described in
subparagraph (A),
`(C) include
provision, to consumers, of a list of available service providers for
appropriate care in the planning and service area served by such
agency,
`(D) be provided in a
manner that--
`(i) gives each
older individual who requests services under this title a statement
specifying that such individual has the right to make an independent
choice of service providers, and
`(ii) documents receipt by such individual of such
statement, and
`(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--
`(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,
`(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
`(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--
`(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.
`(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,
`(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--
`(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.
`(1) CONGREGATE NUTRITION SERVICES- There are authorized
to be appropriated to carry out part I of chapter 3 of subtitle A
$381,700,000 for fiscal year 2000 and such sums as may be necessary for
fiscal years 2001, 2002, 2003, and 2004.
`(2) HOME DELIVERED NUTRITION SERVICES- There are authorized to be
appropriated to carry out part II of chapter 3 of subtitle A $114,200,000
for fiscal year 2000 and such sums as may be necessary for fiscal years
2001, 2002, 2003, and 2004.
`(c) DISEASE
PREVENTION AND HEALTH PROMOTION SERVICES PROGRAM AUTHORIZED- There are
authorized to be appropriated to carry out subtitle B $16,400,000 for
fiscal year 2000 and such sums as may be necessary for fiscal years 2001,
2002, 2003, and 2004.
`(d) FAMILY CAREGIVER SUPPORT
PROGRAM- There is authorized to be appropriated to carry out subtitle
C--
`(1) $125,000,000 for fiscal year 2000 if
the aggregate amount appropriated under subsections (a) and (b) of this
section for fiscal year 2000 is not less than the aggregate amount
appropriated under subsections (a) and (b) of section 303 of the Older
Americans Act of 1965 for fiscal year 1999, and
`(2) such sums as may be necessary for fiscal years 2001,
2002, 2003, and 2004 if the aggregate amount appropriated under
subsections (a) and (b) of this section for the particular fiscal year
involved is not less than the aggregate amount appropriated under such
subsections for the preceding fiscal year.
`SEC.
392. ADDITIONAL FUNDS AVAILABLE FOR NUTRITION SERVICES.
`(a) FUNDS AVAILABLE- In addition to the amount appropriated
under section 391(b), and to provide nutrition services under subtitle A
and title II for each of the fiscal years 2000, 2001, 2002, 2003, and
2004, the amount appropriated under subsection (e) for such fiscal year
shall be made available to the Assistant Secretary by the Secretary of
Agriculture.
`(b) DIVISION OF FUNDS- The Assistant
Secretary shall divide the funds made available under subsection (a) so
that--
`(1) 98.9 percent of such funds is
allotted in accordance with subsection (c) to provide nutrition services
under subtitle A, and
`(2) the balance is
available to make grants under title II to provide nutrition
services.
`(c) ALLOTMENTS BASED ON MEALS
SERVED-
`(1) IN GENERAL- The Secretary shall
allot and pay, to each State agency with a plan approved under this title
for a fiscal year, and to each tribal organization with an application
approved under section 202 for such fiscal year, an amount bearing
the
same ratio to the total amount appropriated for
such fiscal year under subsection (e) as the number of meals served in the
State, under such plan approved for the preceding fiscal year (or the
number of meals served by the tribal organization, under such application
approved for such preceding fiscal year), bears to the total number of
such meals served in all States and by all tribal organizations under all
such plans and applications approved for such preceding fiscal year.
`(2) CALCULATION OF ALLOTMENT FOR CERTAIN TRIBAL
ORGANIZATIONS- For purposes of paragraph (1), in the case of a tribal
organization that has a plan approved under section 202 for a fiscal year
but that did not receive assistance under this section for the preceding
fiscal year, the number of meals served by the tribal organization in the
preceding fiscal year shall be deemed to equal the number of meals that
the Assistant Secretary estimates will be served by the tribal
organization in the current fiscal year.
`(d)
ELECTION TO RECEIVE COMMODITIES IN LIEU OF CASH-
`(1) ELECTION- A State to which funds are allotted under
subsection (b)(1), or a recipient of a grant referred to in subsection
(b)(2), may elect to receive commodities in lieu of all or part of such
funds or of such grant.
`(2) PURCHASE OF
COMMODITIES FROM THE SECRETARY OF AGRICULTURE- If a State or grant
recipient makes a timely election under paragraph (1), the Assistant
Secretary shall use the amount of such funds designated by the State, or
of such grant designated by the grant recipient, to purchase commodities
from the Secretary of Agriculture and to make such commodities available
to the State or grant recipient.
`(e)
AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
to carry out this section $150,000,000 for fiscal year 2000 and such sums
as may be necessary for fiscal years 2001, 2002, 2003, and 2004.
`TITLE IV--STATE LONG-TERM CARE OMBUDSMAN PROGRAMS;
SERVICES FOR THE PREVENTION AND REMEDIATION OF ELDER ABUSE, NEGLECT, AND
EXPLOITATION
`Subtitle A--Use of
Additional Allotments
`SEC. 401. USE OF
ALLOTMENTS.
`Funds allotted under section 302(b)
shall be made available for a fiscal year to States that receive funds
from allotments made under section 302(a) for such fiscal year and that
agree to use funds received under this section--
`(1) to carry out a State long-term care ombudsman program that complies
with the requirements of subtitles B and D,
`(2) to provide, through the State agency and in consultation with area
agencies on aging, services for the prevention and remediation of elder
abuse, neglect, and exploitation and that comply with the requirements of
subtitles C and D, or
`(3) both to carry
out the program described in paragraph (1) and to provide the services
described in paragraph (2).
`Subtitle
B--State Long-Term Care Ombudsman Program
`SEC. 421. REQUIREMENTS APPLICABLE TO STATE LONG-TERM CARE
OMBUDSMAN PROGRAM.
`To carry out a State long-term
care ombudsman program for which funds received from allotments made under
subsections (a) and (b) of section 302 may be used, a State shall comply
with all of the following:
`(1) DUTIES- The
State agency shall provide services--
`(A) to identify, to investigate, and to resolve complaints
that--
`(i) are made by or on
behalf of older individuals who are residents of long-term care
facilities, and
`(ii)
relate to action, inaction, or decisions that may adversely affect the
health, safety, welfare, or rights of such residents (including the
welfare and rights of such residents with respect to the appointment and
activities of guardians and representative payees), of providers (or
representatives of providers) of long-term care services, public agencies,
or health and social service agencies,
`(B) provide services to assist such residents in
protecting the health, safety, welfare, and rights of such
residents,
`(C) inform such
residents about means of obtaining services provided by providers or
agencies described in subparagraph (A)(ii) or services described in
subparagraph (A),
`(D) ensure that
such residents have regular and timely access to the services provided
through the State long-term care ombudsman program and that such residents
and complainants receive from program representatives of the State agency
timely responses to complaints,
`(E) represent the interests of such residents before governmental
agencies and seek administrative, legal, and other remedies to protect the
health, safety, welfare, and rights of the residents,
`(F) provide administrative and technical assistance
to entities designated under paragraph (6) to assist the entities in
participating in the program,
`(G)
analyze, comment on, and monitor the development and implementation of
Federal, State, and local laws, rules, and other governmental policies and
actions, that pertain to the health, safety, welfare, and rights of the
residents, with respect to the adequacy of long-term care facilities and
services in the State,
`(H)
provide for training program representatives of the State agency,
and
`(I) carry out such other
activities as the State agency determines to be
appropriate.
`(2) CONTRACTS AND
ARRANGEMENTS- (A) Except as provided in subparagraph (B), the State agency
may carry out the State long-term care ombudsman program, directly, or by
contract or other arrangement with any public agency or nonprofit private
organization.
`(B) For purposes of
subparagraph (A), the State agency may not enter into a contract or other
arrangement with--
`(i) an agency or
organization that is responsible for licensing or certifying long-term
care services in the State, or
`(ii) an association (or an affiliate of such an association) of long-term
care facilities, or of any other residential facilities for older
individuals.
`(3) DESIGNATION OF LOCAL
OMBUDSMAN ENTITIES AND REPRESENTATIVES- (A) In carrying out the duties
specified in paragraph (1), the State agency may designate an entity as a
local ombudsman entity, and may designate an individual (including an
employee or volunteer) to represent the entity.
`(B) An individual so designated may, in accordance with
the policies and procedures established by the State
agency--
`(i) provide services to
protect the health, safety, welfare, and rights of older individuals who
are residents of long-term care facilities,
`(ii) ensure that residents in the service area of the
entity have regular, timely access to representatives of the State
long-term care ombudsman program and timely responses to complaints and
requests for assistance,
`(iii)
identify, investigate, and resolve complaints made by or on behalf of such
residents that relate to action, inaction, or decisions, that may
adversely affect the health, safety, welfare, or rights of such
residents,
`(iv) represent the
interests of such residents before government agencies and seek
administrative, legal, and other remedies to protect the health, safety,
welfare, and rights of such residents,
`(v) review, and if necessary, comment on existing and
proposed laws, rules, and other government policies and actions, that
pertain to the rights and well-being of such
residents,
`(vi) facilitate the
ability of the public to comment on such laws, rules, policies, and
actions,
`(vii) support the
development of resident and family councils, and
`(viii) carry out other activities that the State
agency determines to be appropriate.
`(C)(i) The State agency shall establish policies and procedures for
monitoring local ombudsman entities designated to carry out the duties
specified in paragraph (1).
`(ii) If the
entities are grantees, or the representatives are employees, of area
agencies on aging, the State agency shall develop such policies after
consultation with such area agencies on aging. Such policies shall provide
for participation and comment by such area agencies on aging and for
resolution of concerns with respect to case activity.
`(iii) The State agency shall develop the policies and
procedures in accordance with all provisions of this subtitle regarding
confidentiality and conflict of interest.
`(4) PROCEDURES FOR ACCESS- The State shall ensure, and shall establish
procedures that ensure, that program representatives of the State agency
shall have--
`(A) access to long-term
care facilities and residents,
`(B)(i) appropriate access to review the medical and social records of a
resident, if the program representative involved has the permission of the
resident (or the legal representative of the resident), or the resident is
unable to consent to the review and has no legal representative,
or
`(ii) access to such records as
is necessary to investigate a complaint if a legal guardian of the
resident refuses to give the permission, a program representative of the
State agency has reasonable cause to believe that the guardian is not
acting in the best interests of the resident, and the program
representative obtains the approval of the State
agency,
`(C) access to the
administrative records, policies, and documents, to which the residents
have or the general public has access, of long-term care facilities,
and
`(D) access to and, on
request, copies of all licensing and certification records maintained by
the State with respect to long-term care facilities.
`(5) REPORTING SYSTEM- The State agency shall collect and
analyze data relating to complaints and conditions in long-term care
facilities and to older individuals who are residents of long-term care
facilities, for the purpose of identifying and resolving significant
problems.
`(6) DISCLOSURE- (A) The State
agency shall establish procedures for the disclosure by the State agency
or local ombudsman entities of files maintained by the State long-term
care ombudsman program, including records and data described in paragraphs
(4) and (5).
`(B) The procedures described
in subparagraph (A) shall provide that, the files and records described in
subparagraph (A) may be disclosed only at the discretion of the State
agency. The procedures described in subparagraph (A) shall prohibit the
disclosure of the identity of any complainant, or resident of a long-term
care facility, with respect to whom the State agency maintains such files
or records unless--
`(i) the
complainant or resident, or the legal representative of the complainant or
resident, consents to the disclosure and the consent is given in
writing,
`(ii) the complainant or
resident gives consent orally and the consent is documented
contemporaneously in writing made by a program representative of the State
agency in accordance with such requirements as the State agency shall
establish, or
`(iii) the
disclosure is required by court order.
`(7) CONSULTATION- In planning and operating the State long-term care
ombudsman program, the State agency shall consider the views of area
agencies on aging, older individuals, and providers of long-term
care.
`(8) CONFLICT OF INTEREST- The State
agency shall develop procedures to prevent conflicts of interest with
respect to individuals and entities that carry out activities under the
State long-term care ombudsman program.
`(9) LEGAL COUNSEL- The State agency shall ensure that--
`(A)(i) adequate legal counsel is available and able
to provide advice and consultation needed to protect the health, safety,
welfare, and rights of older individuals who are residents of long-term
care facilities, and to assist the program representatives of the State
agency in the performance of the official duties of the State agency,
and
`(ii) legal representation is
provided to any program representative of the State agency against whom
suit or other legal action is brought or threatened to be brought in
connection with the performance of the official duties of the State agency
or such a representative, and
`(B)
the State agency pursues administrative, legal, and other appropriate
remedies on behalf of such residents.
`(10) LIABILITY- The State shall ensure that no program representative of
the State agency will be liable under State law for the good faith
performance of official duties.
`(11)
NONINTERFERENCE- The State shall--
`(A)
ensure that willful interference with the State agency in the performance
of the official duties under the State long-term care ombudsman program
shall be unlawful,
`(B) prohibit
retaliation and reprisals by a long-term care facility or other entity
with respect to any resident, employee, or other person for filing a
complaint with, providing information to, or otherwise cooperating with
any representative of, the State agency, and
`(C) provide for appropriate sanctions with respect to
such interference and such retaliation and reprisals.
`Subtitle C--Prevention and Remediation of Elder Abuse,
Neglect, and Exploitation
`SEC. 441.
REQUIREMENTS APPLICABLE TO PROVIDING SERVICES TO PREVENT AND TO REMEDIATE
ELDER ABUSE, NEGLECT, AND EXPLOITATION.
`To provide
services to prevent and to remediate elder abuse, neglect, and
exploitation, for which funds received from allotments made under sections
302(a) and 302(b) may be used, a State shall include in the State plan
required by section 304 all of the following:
`(1) IMMUNITY- An assurance that the State has in effect laws relating to
elder abuse, neglect, and exploitation that include provisions for
immunity for persons who report, in good faith, instances of elder abuse,
neglect, and exploitation, from prosecution under any State or local law
arising out of such reporting.
`(2)
TRAINING- An assurance that individuals who provide services to prevent
and to remediate elder abuse, neglect, and exploitation are trained to
effectively deal with such reported instances.
`(3) PROHIBITION OF INVOLUNTARY PARTICIPATION- An
assurance that involuntary or coerced participation in services provided
under this subtitle by alleged victims, abusers, or members of their
households will not be permitted.
`(4)
CONFLICT OF INTEREST- An assurance that the State requires all information
gathered in the course of receiving reports on instances of, and of making
referrals relating to elder abuse, neglect, and exploitation remain
confidential--
`(A) unless all parties
to such complaint consent in writing to the release of such
information,
`(B) unless the
release of such information is to a law enforcement agency, public
protective service agency, licensing or certification agency, ombudsman
program, or protection or advocacy system, or
`(C) except upon court order.
`(5) CONFLICTS WITH OTHER AGENCIES- An assurance that the
State agency will make all reasonable efforts to resolve any conflicts
with other public agencies with respect to confidentiality of the
information described in paragraph (4).
`(6) COORDINATION- An assurance that the State agency will coordinate its
services under this subtitle with law enforcement officials, courts of
competent jurisdiction, and other relevant State and local programs,
including area agencies on aging and agencies that administer adult
protective services, medicaid fraud and abuse services (including services
provided by a State Medicaid fraud control unit, as defined in section
1903(q) of the Social Security Act (42 U.S.C. 1396b(q)), and victim
assistance programs.
`(7) PARTICIPATION IN
DECISIONS- An assurance that older individuals participate in decisions
regarding their welfare.
`(8) OTHER
ACTIVITIES- A description of other activities that the State agency
determines to be beneficial in the prevention and remediation of abuse,
neglect, or exploitation of older individuals and intends to carry out
under this subtitle.
`SEC. 442. MANNER OF
PROVIDING OF SERVICES.
`The State agency may provide
services under section 441 to prevent and to remediate elder abuse,
neglect, and exploitation either directly or through contracts or
agreements with public or nonprofit private agencies or organizations,
including--
`(1) other State
entities,
`(2) area agencies on
aging,
`(3) political subdivisions of the
State,
`(4) institutions of higher
education,
`(5) tribal organizations and
Alaska Native organizations, and
`(6)
nonprofit service providers or volunteer organizations.
`Subtitle D--Administrative Provisions; Authorizations
of Appropriations
`SEC. 491. TECHNICAL
ASSISTANCE.
`(a) OTHER AGENCIES- In carrying out
this title, the Assistant Secretary may request the technical
assistance
and cooperation of such Federal entities as
may be appropriate.
`(b) ASSISTANT SECRETARY- The
Assistant Secretary shall provide technical assistance and training (by
contract, grant, or otherwise) to individuals and entities that administer
activities carried out in accordance with subtitle B or C.
`SEC. 492. AUDITS.
`(a) ACCESS- The
Assistant Secretary, the Comptroller General of the United States, and any
duly authorized representative of the Assistant Secretary or the
Comptroller shall have access, for the purpose of conducting an audit or
examination, to any books, documents, papers, and records that are
pertinent to financial assistance received to carry out subtitle B or
C.
`(b) LIMITATION- In carrying out subtitles B and
C, State agencies and area agencies on aging shall not request information
or data from providers that is not pertinent to services furnished under
such subtitles or to a payment made for the services provided under such
subtitles.
`SEC. 493. AUTHORIZATIONS OF
APPROPRIATIONS.
`There are authorized to be
appropriated to carry out this title $12,400,000 for fiscal year 2000 and
such sums as may be necessary for fiscal years 2001, 2002, 2003, and
2004.
`TITLE V--COMMUNITY SERVICE EMPLOYMENT
FOR OLDER AMERICANS
`SEC. 501. SHORT
TITLE.
`This title may be cited as the `Older
American Community Service Employment Act of 1999'.
`SEC. 502. ALLOTMENT AND RESERVATION OF FUNDS FOR COMMUNITY
SERVICE EMPLOYMENT.
`(a) ALLOTMENT OF FUNDS FOR
FISCAL YEARS 2000-2004-
`(1) BASE ALLOTMENT-
The amount appropriated under section 506 for each of the fiscal years
2000 through 2004 shall be allotted by the Secretary of Labor with respect
to the States as follows:
`(A) For each
of the fiscal years 2000, 2001, 2002, 2003, and 2004 such amount
appropriated for such fiscal year, to the extent such amount does not
exceed the aggregate amount the Secretary reserved under section
506(a)(1)(A) of the Older Americans Act of 1965 to carry out title V of
such Act for fiscal year 1999, shall be allotted with respect to the
States proportionately based on the sum of the respective shares of such
aggregate amount expended in the States to carry out such title for such
fiscal year.
`(B) If such amount
appropriated for any of such fiscal years exceeds such aggregate amount,
the excess amount shall be allotted in accordance with paragraph
(2).
`(2) ALLOTMENTS BASED ON AGE AND
PER CAPITA INCOME- Each amount referred to in paragraph (1)(B) shall be
allotted as follows:
`(A) Subject to
subparagraph (B), with respect to each State there shall be allotted the
amount that bears the same ratio to the amount so referred to as the
product of the number of individuals 55 years of age or older in the State
and the allotment percentage of the State bears to the sum of the
corresponding products for all the States.
`(B) The amounts allotted under subparagraph (A) shall
be reduced proportionately to the extent necessary to increase other
allotments under such subparagraph to achieve the
following:
`(i) With respect
to each State there shall be allotted 1/2 of 1 percent of the amount
appropriated for the fiscal year for which the determination is
made.
`(ii) With respect
to each of Guam, American Samoa, the Virgin Islands of the United States,
and the Commonwealth of the Northern Mariana Islands there shall be
allotted not less than 1/4 of 1 percent of the amount appropriated for the
fiscal year for which the determination is made or $50,000, whichever is
greater.
`(3) ALLOTMENT
PERCENTAGE- For purposes of paragraph (2)(A)--
`(A) except as provided in subparagraph (B), the
allotment percentage of each State shall be 100 percent less that
percentage which bears the same ratio to 50 percent as the per capita
income of the State bears to the aggregate per capita income of all the
States, except that the allotment percentage shall be not more than 75
percent and not less than 33 1/3 percent, and
`(B) the allotment percentage for the District of
Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the
Virgin Islands of the United States, and the Commonwealth of the Northern
Mariana Islands shall be 75 percent.
`(4) LIMITATION- For purposes of paragraphs (2)(B)(i) and (3)(A), the term
`State' does not include Guam, American Samoa, the Virgin Islands of the
United States, or Commonwealth of the Northern Mariana
Islands.
`(5) POPULATION AND PER CAPITA
INCOME DETERMINATIONS- For purposes of this subsection, the number of
individuals 55 years of age or older in each State, and the per capita
income of each State, shall be determined by the Secretary on the basis of
the most satisfactory data available to the Secretary.
`(b) RESERVATION OF ALLOTTED FUNDS- Subject to subsection (c),
the Secretary shall reserve funds allotted under subsection (a) as
follows:
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
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.
`(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--
(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--
(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
(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',
(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
(A) in subsection
(a)(1)(A)(iii) by striking `Older Americans Act of 1965' and inserting
`Older Americans Act of 1999', and
(B) in subsection (d) by striking `section 305(a)(1) of the Older
Americans Act of 1965' and inserting `section 303(a)(1) of the Older
Americans Act of 1999'.
SEC. 5. FISCAL YEAR
REFERENCES FOR FISCAL YEAR 2000.
Any reference in
the Older Americans Act of 1999 to `the preceding fiscal year' that
applies with respect to funds appropriated to carry out, or to the
operation of a program, project, or activity to be carried out under, such
Act for fiscal year 2000 shall be deemed to be a reference to funds
appropriated to carry out, or to the operation of the corresponding
program, project, or activity carried out under, the Older Americans Act
of 1965 for fiscal year 1999.
SEC. 6. ISSUANCE OF
RULES.
Not later than 180 days after the date of the
enactment of this Act, the Secretary of Health and Human Services shall
issue, and publish in the Federal Register, proposed rules for the
administration of the Older Americans Act of 1999. After allowing a
reasonable period for public comment on such proposed rules, and not later
than 90 days after such publication, the Secretary shall issue rules for
the administration of such Act.
SEC. 7. EFFECTIVE
DATES.
(a) GENERAL EFFECTIVE DATE- Except as
provided in subsection (b), this Act and the amendments made by this Act
shall take effect on the date of the enactment of this Act.
(b) SPECIAL EFFECTIVE DATE- The amendments made by sections 3,
4, and 5 shall take effect on October 1, 1999.
Amend the
title so as to read: `A bill to amend the Older Americans Act of 1965 to
authorize appropriations for fiscal years 2000, 2001, 2002, 2003, and 2004
and for other purposes.'.
END