Unofficial Compilation of the Older Americans Act as amended in 2000
Older Americans Act of 1965
(Public Law 89–73)
AN ACT To provide assistance in the development of new or improved programs to help older persons through grants to the States for community planning and services and for training, through research, development, or training project grants, and to establish within the Department of Health, Education, and Welfare an operating agency to be designated as the "Administration on Aging".
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Older Americans Act of 1965".
(42 U.S.C. 3001 note)
Title I—Declaration of Objectives; Definitions
Declaration Of Objectives For Older Americans
Sec. 101. The Congress hereby finds and declares that, in keeping with the traditional American concept of the inherent dignity of the individual in our democratic society, the older people of our Nation are entitled to, and it is the joint and several duty and responsibility
of the governments of the United States, of the several States and their political subdivisions, and of Indian tribes to assist our older people to Secure equal opportunity to the full and free
enjoyment of the following objectives:
(1)An adequate income in retirement in accordance with the American standard of living.
(2)The best possible physical and mental health which science can make available and without regard to economic status.
(3)Obtaining and maintaining suitable housing, independently selected, designed and located with reference to special needs and available at costs which older citizens can afford.
(4)Full restorative services for those who require institutional care, and a comprehensive array of community-based, long-term care services adequate to appropriately sustain older people
in their communities and in their homes, including support to family members and other persons providing voluntary care to older individuals needing long-term care services.
(5)Opportunity for employment with no discriminatory personnel
practices because of age.
(6)Retirement in health, honor, dignity—after years of contribution to the economy.
(7)Participating in and contributing to meaningful activity within the widest range of civic, cultural, educational and training and recreational opportunities.
(8)Efficient community services, including access to lowcost transportation, which provide a choice in supported living
2 Sec. 102
Older Americans Act of 1965
arrangements and social assistance in a coordinated manner and which are readily available when needed, with emphasis on maintaining a continuum of care for vulnerable older individuals.
(9)Immediate benefit from proven research knowledge which can sustain and improve health and happiness.
(10)Freedom, independence, and the free exercise of individual initiative in planning and managing their own lives, full participation in the planning and operation of communitybased services and programs provided for their benefit, and protection against abuse, neglect, and exploitation.
(42 U.S.C. 3001)
Definitions
Sec. 102. For the purposes of this Act—
(1)The term "Secretary" means the Secretary of Health and Human Services, expect that for purposes of title V such term means the Secretary of Labor.
(2)The term "Assistant Secretary" means the Assistant Secretary for Aging.
(3)The term "State" means any of the several States, the District
of Columbia, the Virgin Islands of the United States, the Commonwealth of Puerto Rico, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
(4)The term "nonprofit" as applied to any agency, institution, or
organization means an agency, institution, or organization which is, or is owned and operated by, one or more corporations or associations no part of the net earnings of which inures,
or may lawfully inure, to the benefit of any private shareholder or individual.
(5)The term "Indian" means a person who is a member of an Indian tribe.
(6)Except for the purposes of title VI of this Act, the term "Indian tribe" means any tribe, band, nation, or other organized group or community of Indians (including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement
Act Public Law 92–203; 85 Stat. 688) which (A) is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians; or (B) is located on, or in proximity to, a Federal or State reservation or rancheria.
(7)Except for the purposes of title VI of this Act, the term "tribal organization" means the recognized governing body of any Indian tribe, or any legally established organization of Indians which is controlled, sanctioned, or chartered by such governing body. In any case in which a contract is let or grant made to an organization to perform services benefiting more than one Indian tribe, the approval of each such Indian tribe shall be a prerequisite to the letting or making of such contract or grant.
(8)The term "disability" means (except when such term is used in the phrase "severe disability", "developmental disabilities "physical or mental disability", "physical and mental disabilities", or "physical disabilities") a disability attributable to mental or physical impairment, or a combination of mental and physical impairments, that results in substantial functional limitations
in 1 or more of the following areas of major life activity:
(A) self-care,
(B) receptive and expressive language,
(C) learning,
(D) mobility,
(E) self-direction,
(F) capacity for independent living,
(G) economic self-sufficiency, (H) cognitive functioning,
(I) emotional adjustment.
(9)The term "severe disability" means a severe, chronic disability attributable to mental or physical impairment, or a combination of mental and physical impairments, that—
(A)is likely to continue indefinitely; and (B)results in substantial functional limitation in 3 or more of the major life activities specified in subparagraphs (A) through (G) of paragraph (8).
(10)The term "assistive technology" means technology, engineering methodologies, or scientific principles appropriate to meet the needs of, and address the barriers confronted by, older individuals with functional limitations.
(11)The term "information and referral" includes information relating to assistive technology.
(12)The term "disease prevention and health promotionservices" means—
(A)health risk assessments;
(B)routine health screening, which may include hypertension, glaucoma, cholesterol, cancer, vision, hearing, diabetes, bone density, and nutrition screening;
(C)nutritional counseling and educational services for individuals and their primary caregivers;
(D)health promotion programs, including but not limited to programs relating to prevention and reduction of effects of chronic disabling conditions (including osteoporosis and
cardiovascular disease), alcohol and substance abuse reduction, smoking cessation, weight loss and control, and stress management;
(E)programs regarding physical fitness, group exercise, and music therapy, art therapy, and dance-movement therapy, including programs for multigenerational participation that are provided by—
(i)an institution of higher education;
(ii)a local educational agency, as defined in Section 14101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 8801); or (iii) a community-based organization;
(F)home injury control services, including screening of high-risk home environments and provision of educational programs on injury prevention (including fall and fracture prevention)
in the home environment;
(G)screening for the prevention of depression, coordination of community mental health services, provision of educational activities, and referral to psychiatric and psychological services;
Sec. 102 Older Americans Act OF 1965
(H)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.);
(I)medication management screening and education to prevent incorrect medication and adverse drug reactions;
(J)information concerning diagnosis, prevention, treatment, and rehabilitation concerning age-related diseases and chronic disabling conditions, including osteoporosis, cardiovascular diseases, diabetes, and Alzheimer’s disease and related disorders with neurological and
organic brain dysfunction;
(K)gerontological counseling; and
(L)counseling regarding social services and followup health services based on any of the services described in subparagraphs (A) through (K).
The term shall not include services for which payment may be made under titles XVIII and XIX of the Social Security Act (42
U.S.C. 1395 et seq., 1396 et seq.).
(13)The term "abuse" means the willful—
(A)infliction of injury, unreasonable confinement, intimidation, or cruel punishment with resulting physical harm, pain, or mental anguish; or
(B)deprivation by a person, including a caregiver, of goods or services that are necessary to avoid physical harm, mental anguish, or mental illness.
(14)The term "Administration" means the Administration on Aging.
(15)The term "adult child with a disability" means a child who—
(A)is 18 years of age or older;
(B)is financially dependent on an older individual who is a parent of the child; and
(C)has a disability.
(16)The term "aging network" means the network of—
(A)State agencies, area agencies on aging, title VI grantees, and the Administration; and
(B)organizations that—
(i)(I)are providers of direct services to older individuals;
or
(II)are institutions of higher education; and
(ii)receive funding under this Act.
(17)The term "area agency on aging" means an area agency on aging designated under Section 305(a)(2)(A) or a State agency performing the functions of an area agency on aging
under Section 305(b)(5).
(18)The term "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)).
(19)The term "in-home services" includes—
(A)services of homemakers and home health aides;
(B)visiting and telephone reassurance;
(C)chore maintenance;
5 Sec. 102 Older Americans Act OF 1965
(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 another program (other than
a program carried out under this Act);
(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 307; and
(ii)by the area agency on aging in the area plan submitted in accordance with Section 306.
(20)The term "Native American" means—
(A)an Indian as defined in paragraph (5); and
(B)a Native Hawaiian, as defined in Section 625.
(21)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.
(22)
The term "elder abuse" means abuse of an older individual.
January 30, 2001 (12:46 PM)
6 Sec. 102
Older Americans Act OF 1965
(23)
The term "elder abuse, neglect, and exploitation"
means
abuse, neglect, and exploitation, of an older individual.
(24)
The term "exploitation" means the illegal or improper
act
or process of an individual, including a caregiver, using the
resources
of an older individual for monetary or personal benefit,
profit,
or gain.
(25)
The term "focal point" means a facility established to
encourage
the maximum collocation and coordination of services
for
older individuals.
(26)
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.
(27)
The term "greatest economic need" means the need resulting
from
an income level at or below the poverty line.
(28)
The term "greatest social need" means the need
caused
by noneconomic factors, which include—
(A)
physical and mental disabilities;
(B)
language barriers; and
(C)
cultural, social, or geographical isolation, including
isolation
caused by racial or ethnic status, that—
(i)
restricts the ability of an individual to perform
normal
daily tasks; or
(ii)
threatens the capacity of the individual to live
independently.
(29)
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.
7 Sec. 102
Older Americans Act OF 1965
Section 801(a) of
the Older Americans Act Amendments of 2000 (P.L. 106–501; 114 Stat.
2291) amends paragraph (34)(C), by striking
"307(a)(12)" and inserting "307(a)(9)". The amendment
could not be executed due to an earlier
amendment made by Section 101(5) (114 Stat.
2229) which redesignates paragraph (34) as
paragraph (32).
(30)
The term "institution of higher education" has the
meaning
given the term in Section 101 of the Higher Education
Act
of 1965.
(31)
The term "legal assistance"—
(A)
means legal advice and representation provided by
an
attorney to older individuals with economic or social
needs;
and
(B)
includes—
(i)
to the extent feasible, counseling or other
appropriate
assistance by a paralegal or law student
under
the direct supervision of an attorney; and
(ii)
counseling or representation by a nonlawyer
where
permitted by law.
(32)
The term "long-term care facility" means—
(A)
any skilled nursing facility, as defined in Section
1819(a)
of the Social Security Act (42 U.S.C. 1395i–3(a));
(B)
any nursing facility, as defined in Section 1919(a)
of
the Social Security Act (42 U.S.C. 1396r(a));
(C)
for purposes of Sections 307(a)(12) and 712, a
board
and care facility; and
(D)
any other adult care home similar to a facility or
institution
described in subparagraphs (A) through (C).
(33)
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.
(34)
The term "neglect" means—
(A)
the failure to provide for oneself the goods or services
that
are necessary to avoid physical harm, mental anguish,
or
mental illness; or
(B)
the failure of a caregiver to provide the goods or
services.
(35)
The term "older individual" means an individual who
is
60 years of age or older.
(36)
The term "physical harm" means bodily injury,
impairment,
or disease.
(37)
The term "planning and service area" means an area
designated
by a State agency under Section 305(a)(1)(E), including
a
single planning and service area described in Section
305(b)(5)(A).
(38)
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)).
(39)
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
8 Sec. 201
Older Americans Act OF 1965
of
a physical or mental incapacity, any funds owed to such
individual
by such entity.
(40)
The term "State agency" means the agency designated
under
Section 305(a)(1).
(41)
The term "supportive service" means a service described
in
Section 321(a).
(42)
The term "family violence" has the same meaning
given
the term in the Family Violence Prevention and Services
Act
(42 U.S.C. 10408).
(43)
The term "sexual assault" has the meaning given the
term
in Section 2003 of the Omnibus Crime Control and Safe
Streets
Act of 1968 (42 U.S.C. 3796gg–2).
(42 U.S.C. 3002)
TITLE
II—ADMINISTRATION ON AGING
ESTABLISHMENT OF ADMINISTRATION ON AGING
Sec. 201. (a) There is
established in the Office of the Secretary
an
Administration on Aging which shall be headed by an Assistant
Secretary
for Aging. Except for title V, the Administration shall be
the
agency for carrying out this Act. There shall be a direct reporting
relationship
between the Assistant Secretary and the Secretary.
In
the performance of the functions of the Assistant Secretary,
the
Assistant Secretary shall be directly responsible to the
Secretary.
The Secretary shall not approve or require any delegation
of
the functions of the Assistant Secretary (including the functions
of
the Assistant Secretary carried out through regional offices)
to
any other officer not directly responsible to the Assistant
Secretary.
(b)
The Assistant Secretary shall be appointed by the President
by
and with the advice and consent of the Senate.
(c)(1)
There is established in the Administration an Office for
American
Indian, Alaskan Native, and Native Hawaiian Programs.
(2)
The Office shall be headed by a Director of the Office for
American
Indian, Alaskan Native, and Native Hawaiian Aging appointed
by
the Assistant Secretary.
(3)
The Director of the Office for American Indian, Alaskan Native,
and
Native Hawaiian Aging shall—
(A)(i)
evaluate the adequacy of outreach under title III and
title
VI for older individuals who are Native Americans and
recommend
to the Assistant Secretary necessary action to improve
service
delivery, outreach, coordination between title III
and
title VI services, and particular problems faced by older
Indians
and Native Hawaiians; and
(ii)
include a description of the results of such evaluation
and
recommendations in the annual report required by Section
207(a)
to be submitted by the Assistant Secretary;
(B)
serve as the effective and visible advocate in behalf of
older
individuals who are Native Americans within the Department
of
Health and Human Services and with other departments
and
agencies of the Federal Government regarding all
Federal
policies affecting such individuals, with particular
9 Sec. 201
Older Americans Act OF 1965
attention
to services provided to Native Americans by the Indian
Health
Service;
(C)
coordinate activities between other Federal departments
and
agencies to assure a continuum of improved services
through
memoranda of agreements or through other appropriate
means
of coordination;
(D)
administer and evaluate the grants provided under
this
Act to Indian tribes, public agencies and nonprofit private
organziations
serving Native Hawaiians;
(E)
recommend to the Assistant Secretary policies and priorities
with
respect to the development and operation of programs
and
activities conducted under this Act relating to older
individuals
who are Native Americans;
(F)
collect and disseminate information related to problems
experienced
by older Native Americans, including information
(compiled
with assistance from public or nonprofit private entities,
including
institutions of higher education, with experience
in
assessing the characteristics and health status of older individuals
who
are Native Americans) on elder abuse, in-home
care,
health problems, and other problems unique to Native
Americans;
(G)
develop research plans, and conduct and arrange for
research,
in the field of American Native aging with a special
emphasis
on the gathering of statistics on the status of older
individuals
who are Native Americans;
(H)
develop and provide technical assistance and training
programs
to grantees under title VI;
(I)
promote coordination—
(i)
between the administration of title III and the
administration
of title VI; and
(ii)
between programs established under title III by
the
Assistant Secretary and programs established under
title
VI by the Assistant Secretary;
including
sharing among grantees information on programs
funded,
and on training and technical assistance provided,
under
such titles; and
(J)
serve as the effective and visible advocate on behalf of
older
individuals who are Indians, Alaskan Natives, and Native
Hawaiians,
in the States to promote the enhanced delivery
of
services and implementation of programs, under this Act
and
other Federal Acts, for the benefit of such individuals.
(d)(1)
There is established in the Administration the Office of
Long-Term
Care Ombudsman Programs (in this subSection referred
to
as the "Office").
(2)(A)
The Office shall be headed by a Director of the Office of
Long-Term
Care Ombudsman Programs (in this subSection referred
to
as the "Director") who shall be appointed by the Assistant Secretary
from
among individuals who have expertise and background
in
the fields of long-term care advocacy and management. The Director
shall
report directly to the Assistant Secretary.
(B)
No individual shall be appointed Director if—
(i)
the individual has been employed within the previous
2
years by—
(I)
a long-term care facility;
10 Sec. 201
Older Americans Act OF 1965
(II)
a corporation that then owned or operated a longterm
care
facility; or
(III)
an association of long-term care facilities;
(ii)
the individual—
(I)
has an ownership or investment interest (represented
by
equity, debt, or other financial relationship) in
a
long-term care facility or long-term care service; or
(II)
receives, or has the right to receive, directly or indirectly
remuneration
(in cash or in kind) under a compensation
arrangement
with an owner or operator of a
long-term
care facility; or
(iii)
the individual, or any member of the immediate family
of
the individual, is subject to a conflict of interest.
(3)
The Director shall—
(A)
serve as an effective and visible advocate on behalf of
older
individuals who reside in long-term care facilities, within
the
Department of Health and Human Services and with other
departments,
agencies, and instrumentalities of the Federal
Government
regarding all Federal policies affecting such individuals;
(B)
review and make recommendations to the Assistant
Secretary
regarding—
(i)
the approval of the provisions in State plans submitted
under
Section 307(a) that relate to State Long-Term
Care
Ombudsman programs; and
(ii)
the adequacy of State budgets and policies relating
to
the programs;
(C)
after consultation with State Long-Term Care Ombudsmen
and
the State agencies, make recommendations to the
Assistant
Secretary regarding—
(i)
policies designed to assist State Long-Term Care
Ombudsmen;
and
(ii)
methods to periodically monitor and evaluate the
operation
of State Long-Term Care Ombudsman programs,
to
ensure that the programs satisfy the requirements of
Section
307(a)(9) and Section 712, including provision of
service
to residents of board and care facilities and of similar
adult
care facilities;
(D)
keep the Assistant Secretary and the Secretary fully
and
currently informed about—
(i)
problems relating to State Long-Term Care Ombudsman
programs;
and
(ii)
the necessity for, and the progress toward, solving
the
problems;
(E)
review, and make recommendations to the Secretary
and
the Assistant Secretary regarding, existing and proposed
Federal
legislation, regulations, and policies regarding the
operation
of State Long-Term Care Ombudsman programs;
(F)
make recommendations to the Assistant Secretary and
the
Secretary regarding the policies of the Administration, and
coordinate
the activities of the Administration with the activities
of
other Federal entities, State and local entities, and nongovernmental
entities,
relating to State Long-Term Care Ombudsman
programs;
11 Sec. 202
Older Americans Act OF 1965
(G)
supervise the activities carried out under the authority
of
the Administration that relate to State Long-Term Care Ombudsman
programs;
(H)
administer the National Ombudsman Resource Center
established
under Section 202(a)(21) and make recommendations
to
the Assistant Secretary regarding the operation of the
National
Ombudsman Resource Center;
(I)
advocate, monitor, and coordinate Federal and State
activities
of Long-Term Care Ombudsmen under this Act;
(J)
submit to the Speaker of the House of Representatives
and
the President pro tempore of the Senate an annual report
on
the effectiveness of services provided under Section 307(a)(9)
and
Section 712;
(K)
have authority to investigate the operation or violation
of
any Federal law administered by the Department of Health
and
Human Services that may adversely affect the health,
safety,
welfare, or rights of older individuals; and
(L)
not later than 180 days after the date of the enactment
of
the Older Americans Act Amendments of 1992, establish
standards
applicable to the training required by Section
712(h)(4).
(42 U.S.C. 3011)
FUNCTIONS OF ASSISTANT SecRETARY
Sec. 202. (a) It shall
be the duty and function of the Administration
to—
(1)
serve as the effective and visible advocate for older
individuals
within the Department of Health and Human Services
and
with other departments, agencies, and instrumentalities
of
the Federal Government by maintaining active review
and
commenting responsibilities over all Federal policies affecting
older
individuals;
(2)
collect and disseminate information related to problems
of
the aged and aging;
(3)
directly assist the Secretary in all matters pertaining
to
problems of the aged and aging;
(4)
administer the grants provided by this Act;
(5)
develop plans, conduct and arrange for research in the
field
of aging, and assist in the establishment and implementation
of
programs designed to meet the needs of older individuals
for
supportive services, including nutrition, hospitalization,
education
and training services (including preretirement
training,
and continuing education), low-cost transportation
and
housing, and health (including mental health) services;
(6)
provide technical assistance and consultation to States
and
political subdivisions thereof with respect to programs for
the
aged and aging;
(7)
prepare, publish, and disseminate educational materials
dealing
with the welfare of older individuals;
(8)
gather statistics in the field of aging which other Federal
agencies
are not collecting, and take whatever action is
necessary
to achieve coordination of activities carried out or assisted
by
all departments, agencies, and instrumentalities of
12 Sec. 202
Older Americans Act OF 1965
the
Federal Government with respect to the collection, preparation,
and
dissemination of information relevant to older individuals;
(9)
develop basic policies and set priorities with respect to
the
development and operation of programs and activities conducted
under
authority of this Act;
(10)
coordinate Federal programs and activities related to
such
purposes;
(11)
coordinate, and assist in, the planning and development
by
public (including Federal, State, and local agencies)
and
private organizations or programs for older individuals
with
a view to the establishment of a nationwide network of
comprehensive,
coordinated services and opportunities for such
individuals;
(12)
carry on a continuing evaluation of the programs and
activities
related to the objectives of this Act, with particular
attention
to the impact of medicare and medicaid, the Age Discrimination
in
Employment Act of 1967, and the programs of
the
National Housing Act relating to housing for older individuals
and
the setting of standards for the licensing of nursing
homes,
intermediate care homes, and other facilities providing
care
for such individuals;
(13)
provide information and assistance to private organizations
for
the establishment and operation by them of programs
and
activities related to the objectives of this Act;
(14)
develop, in coordination with other agencies, a national
plan
for meeting the needs for trained personnel in the
field
of aging, and for training persons for carrying out programs
related
to the objectives of this Act, and conduct and
provide
for the conducting of such training;
(15)
consult with national organizations representing minority
individuals
to develop and disseminate training packages
and
to provide technical assistance efforts designed to assist
State
and area agencies on aging, and service providers, in
providing
services to older individuals with greatest economic
need
or individuals with greatest social need, with particular
attention
to and specific objectives for providing services to
low-income
minority individuals and older individuals residing
in
rural areas;
(16)
collect for each fiscal year, for fiscal years beginning
after
September 30, 1988, directly or by contract, statistical
data
regarding programs and activities carried out with funds
provided
under this Act, including—
(A)
with respect to each type of service or activity provided
with
such funds—
(i)
the aggregate amount of such funds expended
to
provide such service or activity;
(ii)
the number of individuals who received such
service
or activity; and
(iii)
the number of units of such service or activity
provided;
(B)
the number of senior centers which received such
funds;
and
13 Sec. 202
Older Americans Act OF 1965
Section
801(b)(2)(A)(i) of the Older Americans Act Amendments of 2000 (P.L. 106–501;
114
Stat. 2292) amends paragraph (19)(C) by striking
"paragraphs (2) and (5)(A) of Section 306(a)"
and inserting "paragraphs (2) and (4)(A)
of Section 306(a)". The amendment could not be executed
due to an earlier amendment made by Section
201(1)(B) which redesignated paragraph
(19) as paragraph (16).
(C)
the extent to which each area agency on aging designated
under
Section 305(a) satisfied the requirements of
paragraphs
(2) and (5)(A) of Section 306(a) ;
(17)
obtain from—
(A)
the Department of Agriculture information explaining
the
requirements for eligibility to receive benefits
under
the Food Stamp Act of 1977; and
(B)
the Social Security Administration information explaining
the
requirements for eligibility to receive supplemental
Security
income benefits under title XVI of the Social
Security
Act (or assistance under a State plan program
under
title XVI of that Act);
and
distribute such information, in written form, to State
agencies,
for redistribution to area agencies on aging, to carry
out
outreach activities and application assistance;
(18)(A)
establish and operate the National Ombudsman
Resource
Center (in this paragraph referred to as the "Center"),
under
the administration of the Director of the Office of
Long-Term
Care Ombudsman Programs, that will—
(i)
by grant or contract—
(I)
conduct research;
(II)
provide training, technical assistance, and
information
to State Long-Term Care Ombudsmen;
(III)
analyze laws, regulations, programs, and
practices;
and
(IV)
provide assistance in recruiting and retaining
volunteers
for State Long-Term Care Ombudsman programs
by
establishing a national program for recruitment
efforts
that utilizes the organizations that have
established
a successful record in recruiting and retaining
volunteers
for ombudsman or other programs;
relating
to Federal, State, and local long-term care ombudsman
policies;
and
(ii)
assist State Long-Term Care Ombudsmen in the
implementation
of State Long-Term Care Ombudsman programs;
and
(B)
make available to the Center not less than the amount
of
resources made available to the Long-Term Care Ombudsman
National
Resource Center for fiscal year 2000;
(19)
conduct strict monitoring of State compliance with the
requirements
in effect, under this Act to prohibit conflicts of interest
and
to maintain the integrity and public purpose of services
provided
and service providers, under this Act in all contractual
and
commercial relationships;
(20)
encourage, and provide technical assistance to, States
and
area agencies on aging to carry out outreach to inform
older
individuals with greatest economic need who may be eligible
to
receive, but are not receiving, supplemental Security
income
benefits under title XVI of the Social Security Act (42
14 Sec. 202
Older Americans Act OF 1965
Section
801(b)(2)(A)(ii) of the Older Americans Act Amendments of 2000 (P.L. 106–501;
114
Stat. 2292) amends paragraph (26), by
striking "Sections 307(a)(18) and 731(b)(2)" and inserting
"Section 307(a)(13) and Section 731". The
amendment could not be executed due to an earlier
amendment made by Section 201(1)(B) which
redesignated paragraph (26) as paragraph (23).
U.S.C.
1381 et seq.) (or assistance under a State plan program
under
such title), medical assistance under title XIX of such
Act
(42 U.S.C. 1396 et seq.), and benefits under the Food
Stamp
Act of 1977 (7 U.S.C. 2011 et seq.), of the requirements
for
eligibility to receive such benefits and such assistance;
(21)
establish information and assistance services as priority
services
for older individuals, and develop and operate,
either
directly or through contracts, grants, or cooperative
agreements,
a National Eldercare Locator Service, providing
information
and assistance services through a nationwide tollfree
number
to identify community resources for older individuals;
(22)
develop guidelines for area agencies on aging to follow
in
choosing and evaluating providers of legal assistance;
(23)
develop guidelines and a model job description for
choosing
and evaluating legal assistance developers referred to
in
Sections 307(a)(18) and 731(b)(2) ;
(24)
establish and carry out pension counseling and information
programs
described in Section 215;
(25)
provide technical assistance, training, and other
means
of assistance to State agencies, area agencies on aging,
and
service providers regarding State and local data collection
and
analysis;
(26)
design and implement, for purposes of compliance
with
paragraph (19), uniform data collection procedures for use
by
State agencies, including—
(A)
uniform definitions and nomenclature;
(B)
standardized data collection procedures;
(C)
a participant identification and description system;
(D)
procedures for collecting information on gaps in
services
needed by older individuals, as identified by service
providers
in assisting clients through the provision of
the
supportive services; and
(E)
procedures for the assessment of unmet needs for
services
under this Act; and
(27)
improve the delivery of services to older individuals
living
in rural areas through—
(A)
synthesizing results of research on how best to
meet
the service needs of older individuals in rural areas;
(B)
developing a resource guide on best practices for
States,
area agencies on aging, and service providers;
(C)
providing training and technical assistance to
States
to implement these best practices of service delivery;
and
(D)
submitting a report on the States’ experiences in
implementing
these best practices and the effect these
innovations
are having on improving service delivery in
rural
areas to the relevant committees not later than 36
months
after enactment.
15 Sec. 202
Older Americans Act OF 1965
(b)
In order to strengthen the involvement of the Administration
in
the development of policy alternatives in long-term care and
to
insure that the development of community alternatives is given
priority
attention, the Assistant Secretary shall—
(1)
develop planning linkages with utilization and quality
control
peer review organizations under title XI of the Social
Security
Act, with the Substance Abuse and Mental Health
Services
Administration and the Administration on Developmental
Disabilities;
(2)
participate in all departmental and interdepartmental
activities
which concern issues of institutional and noninstitutional
long-term
health care services development;
(3)
review and comment on all departmental regulations
and
policies regarding community health and social service
development
for older individuals; and
(4)
participate in all departmental and interdepartmental
activities
to provide a leadership role for the Administration,
State
agencies, and area agencies on aging in the development
and
implementation of a national community-based long-term
care
program for older individuals.
(c)
In executing the duties and functions of the Administration
under
this Act and carrying out the programs and activities provided
for
by this Act, the Assistant Secretary, in consultation with
the
Corporation for National and Community Service, shall take all
possible
steps to encourage and permit voluntary groups active in
supportive
services, including youth organizations active at the
high
school or college levels, to participate and be involved individually
or
through representative groups in such programs or activities
to
the maximum extent feasible, through the performance of
advisory
or consultative functions, and in other appropriate ways.
(d)(1)
The Assistant Secretary shall establish and operate the
National
Center on Elder Abuse (in this subSection referred to as
the
"Center").
(2)
In operating the Center, the Assistant Secretary shall—
(A)
annually compile, publish, and disseminate a summary
of
recently conducted research on elder abuse, neglect, and
exploitation;
(B)
develop and maintain an information clearinghouse on
all
programs (including private programs) showing promise of
success,
for the prevention, identification, and treatment of
elder
abuse, neglect, and exploitation;
(C)
compile, publish, and disseminate training materials
for
personnel who are engaged or intend to engage in the prevention,
identification,
and treatment of elder abuse, neglect,
and
exploitation;
(D)
provide technical assistance to State agencies and to
other
public and nonprofit private agencies and organizations
to
assist the agencies and organizations in planning, improving,
developing,
and carrying out programs and activities relating
to
the special problems of elder abuse, neglect, and exploitation;
and
(E)
conduct research and demonstration projects regarding
the
causes, prevention, identification, and treatment of elder
abuse,
neglect, and exploitation.
16 Sec. 202
Older Americans Act OF 1965
Margin error in
the amendment made by Section 801(b)(2)(C)(i) of the Older Americans Act
Amendments of 2000 (P.L. 106–501; 114 Stat.
2292).
Error in
amendment made by Section 202(f) of Public Law 102–375. Should strike the
semicolon
and insert a period.
(3)(A)
The Assistant Secretary shall carry out paragraph (2)
through
grants or contracts.
(B)
The Assistant Secretary shall issue criteria applicable to
the
recipients of funds under this subSection. To be eligible to receive
a
grant or enter into a contract under subparagraph (A), an
entity
shall submit an application to the Assistant Secretary at
such
time, in such manner, and containing such information as the
Assistant
Secretary may require.
(C)
The Assistant Secretary shall—
(i)
establish research priorities for making grants or contracts
to
carry out paragraph (2)(E); and
(ii)
not later than 60 days before the date on which the
Assistant
Secretary establishes such priorities, publish in the
Federal
Register for public comment a statement of such proposed
priorities.
(4)
The Assistant Secretary shall make available to the Center
such
resources as are necessary for the Center to carry out effectively
the
functions of the Center under this Act and not less than
the
amount of resources made available to the Resource Center on
Elder
Abuse for fiscal year 2000.
(e)(1)(A)
The Assistant Secretary shall make grants or enter
into
contracts with eligible entities to establish the National Aging
Information
Center (in this subSection referred to as the "Center")
to—
(i)
provide
information about grants and projects
under
title IV;
(ii)
annually compile, analyze, publish, and disseminate—
(I)
statistical data collected under subSection (a)(19);
(II)
census data on aging demographics; and
(III)
data from other Federal agencies on the health,
social,
and economic status of older individuals and on the
services
provided to older individuals;
(iii)
biennially compile, analyze, publish, and disseminate
statistical
data collected on the functions, staffing patterns,
and
funding sources of State agencies and area agencies on
aging;
(iv)
analyze the information collected under Section
201(c)(3)(F)
by the Director of the Office for American Indian,
Alaskan
Native, and Native Hawaiian Aging;
(v)
provide technical assistance, training, and other means
of
assistance to State agencies, area agencies on aging, and
service
providers, regarding State and local data collection and
analysis;
and
(vi)
be a national resource on statistical data regarding
aging;
(B)
To be eligible to receive a grant or enter into a contract
under
subparagraph (A), an entity shall submit an application to
the
Assistant Secretary at such time, in such manner, and containing
such
information as the Assistant Secretary may require.
17 Sec. 203
Older Americans Act OF 1965
(C)
Entities eligible to receive a grant or enter into a contract
under
subparagraph (A) shall be organizations with a demonstrated
record
of experience in education and information dissemination.
(2)(A)
The Assistant Secretary shall establish procedures specifying
the
length of time that the Center shall provide the information
described
in paragraph (1) with respect to a particular project
or
activity. The procedures shall require the Center to maintain the
information
beyond the term of the grant awarded, or contract entered
into,
to carry out the project or activity.
(B)
The Assistant Secretary shall establish the procedures described
in
subparagraph (A) after consultation with—
(i)
practitioners in the field of aging;
(ii)
older individuals;
(iii)
representatives of institutions of higher education;
(iv)
national aging organizations;
(v)
State agencies;
(vi)
area agencies on aging;
(vii)
legal assistance providers;
(viii)
service providers; and
(ix)
other persons with an interest in the field of aging.
(f)(1)
The Assistant Secretary, in accordance with the process
described
in paragraph (2), and in collaboration with a representative
group
of State agencies, tribal organizations, area agencies on
aging,
and providers of services involved in the performance outcome
measures
shall develop and publish by December 31, 2001, a
set
of performance outcome measures for planning, managing, and
evaluating
activities performed and services provided under this
Act.
To the maximum extent possible, the Assistant Secretary shall
use
data currently collected (as of the date of development of the
measures)
by State agencies, area agencies on aging, and service
providers
through the National Aging Program Information System
and
other applicable sources of information in developing such
measures.
(2)
The process for developing the performance outcome measures
described
in paragraph (1) shall include—
(A)
a review of such measures currently in use by State
agencies
and area agencies on aging (as of the date of the review);
(B)
development of a proposed set of such measures that
provides
information about the major activities performed and
services
provided under this Act;
(C)
pilot testing of the proposed set of such measures, including
an
identification of resource, infrastructure, and data
collection
issues at the State and local levels; and
(D)
evaluation of the pilot test and recommendations for
modification
of the proposed set of such measures.
(42 U.S.C. 3012)
FEDERAL AGENCY CONSULTATION
Sec. 203. (a)(1) The
Assistant Secretary, in carrying out the
objectives
and provisions of this Act, shall coordinate, advise, consult
with,
and cooperate with the head of each department, agency,
18 Sec. 203
Older Americans Act OF 1965
Effective July 1,
2000, strike "the Job Training Partnership Act and".
Effective July 1,
2000, amend paragraph (1) to read as follows:
"(1) title I of the Workforce Investment
Act of 1998,".
or
instrumentality of the Federal Government proposing or administering
programs
or services substantially related to the objectives
of
this Act, with respect to such programs or services. In particular,
the
Assistant Secretary shall coordinate, advise, consult, and cooperate
with
the Secretary of Labor in carrying out title V and with
the
Corporation for National and Community Service in carrying
out
this Act.
(2)
The head of each department, agency, or instrumentality of
the
Federal Government proposing to establish programs and services
substantially
related to the objectives of this Act shall consult
with
the Assistant Secretary prior to the establishment of such programs
and
services. To achieve appropriate coordination, the head
of
each department, agency, or instrumentality of the Federal Government
administering
any program substantially related to the
objectives
of this Act, particularly administering any program referred
to
in subSection (b), shall consult and cooperate with the
Assistant
Secretary in carrying out such program. In particular,
the
Secretary of Labor shall consult and cooperate with the Assistant
Secretary
in carrying out the Job Training Partnership Act
and
title
I of the Workforce Investment Act of 1998.
(3)
The head of each department, agency, or instrumentality of
the
Federal Government administering programs and services substantially
related
to the objectives of this Act shall collaborate with
the
Assistant Secretary in carrying out this Act, and shall develop
a
written analysis, for review and comment by the Assistant Secretary,
of
the impact of such programs and services on—
(A)
older individuals (with particular attention to low-income
minority
older individuals and older individuals residing
in
rural areas) and eligible individuals (as defined in Section
507);
and
(B)
the functions and responsibilities of State agencies and
area
agencies on aging.
(b)
For the purposes of subSection (a), programs related to the
objectives
of this Act shall include—
(1)
the Job Training Partnership Act or title I of the Workforce
Investment
Act of 1998, 1
(2)
title II of the Domestic Volunteer Service Act of 1973,
(3)
titles XVI, XVIII, XIX, and XX of the Social Security
Act,
(4)
Sections 231 and 232 of the National Housing Act,
(5)
the United States Housing Act of 1937,
(6)
Section 202 of the Housing Act of 1959,
(7)
title I of the Housing and Community Development Act
of
1974,
(8)
title I of the Higher Education Act of 1965 and the
Adult
Education and Family Literacy Act,
(9)
Sections 3, 9, and 16 of the Urban Mass Transportation
Act
of 1964,
(10)
the Public Health Service Act, including block grants
under
title XIX of such Act,
(11)
the Low-Income Home Energy Assistance Act of 1981,
19 Sec. 204
Older Americans Act OF 1965
(12)
part A of the Energy Conservation in Existing Buildings
Act
of 1976, relating to weatherization assistance for low
income
persons,
(13)
the Community Services Block Grant Act,
(14)
demographic statistics and analysis programs conducted
by
the Bureau of the Census under title 13, United
States
Code,
(15)
parts II and III of title 38, United States Code,
(16)
the Rehabilitation Act of 1973,
(17)
the Developmental Disabilities Assistance and Bill of
Rights
Act of 2000, and
(18)
the Edward Byrne Memorial State and Local Law
Enforcement
Assistance Programs, established under part E of
title
I of the Omnibus Crime Control and Safe Streets Act of
1968
(42 U.S.C. 3750–3766b)).
(42 U.S.C. 3013)
Sec.
203A. CONSULTATION WITH STATE AGENCIES, AREA AGENCIES
ON
AGING, AND NATIVE AMERICAN GRANT RECIPIENTS.
The
Assistant Secretary shall consult and coordinate with
State
agencies, area agencies on aging, and recipients of grants
under
title VI in the development of Federal goals, regulations, program
instructions,
and policies under this Act.
(42 U.S.C. 3013a)
Sec.
204. GIFTS AND DONATIONS.
(a)
GIFTS AND DONATIONS.—The Assistant
Secretary may accept,
use,
and dispose of, on behalf of the United States, gifts or
donations
(in cash or in kind, including voluntary and uncompensated
services
or property), which shall be available until expended
for
the purposes specified in subSection (b). Gifts of cash and proceeds
of
the sale of property shall be available in addition to
amounts
appropriated to carry out this Act.
(b)
USE OF GIFTS AND DONATIONS.—Gifts and
donations
accepted
pursuant to subSection (a) may be used either directly, or
for
grants to or contracts with public or nonprofit private entities,
for
the following activities:
(1)
The design and implementation of demonstrations of
innovative
ideas and best practices in programs and services
for
older individuals.
(2)
The planning and conduct of conferences for the purpose
of
exchanging information, among concerned individuals
and
public and private entities and organizations, relating to
programs
and services provided under this Act and other programs
and
services for older individuals.
(3)
The development, publication, and dissemination of
informational
materials (in print, visual, electronic, or other
media)
relating to the programs and services provided under
this
Act and other matters of concern to older individuals.
(c)
ETHICS GUIDELINES.—The Assistant
Secretary shall establish
written
guidelines setting forth the criteria to be used in determining
whether
a gift or donation should be declined under this
Section
because the acceptance of the gift or donation would—
(1)
reflect unfavorably upon the ability of the Administration,
the
Department of Health and Human Services, or any
20 Sec. 205
Older Americans Act OF 1965
employee
of the Administration or Department, to carry out
responsibilities
or official duties under this Act in a fair and
objective
manner; or
(2)
compromise the integrity or the appearance of integrity
of
programs or services provided under this Act or of any official
involved
in those programs or services.
(42 U.S.C. 3015)
ADMINISTRATION OF THE ACT
Sec. 205. (a)(1) In
carrying out the objectives of this Act, the
Assistant
Secretary is authorized to—
(A)
provide consultative services and technical assistance
to
public or nonprofit private agencies and organizations;
(B)
provide short-term training and technical instruction;
(C)
conduct research and demonstrations;
(D)
collect, prepare, publish, and disseminate special educational
or
informational materials, including reports of the
projects
for which funds are provided under this Act; and
(E)
provide staff and other technical assistance to the Federal
Council
on the Aging.
(2)(A)
The Assistant Secretary shall designate an officer or employee
who
shall serve on a full-time basis and who shall be
responsible
for the administration of the nutrition services described
in
subparts 1 and 2 of part C of title III and shall have duties
that
include—
(i)
designing, implementing, and evaluating nutrition
programs;
(ii)
developing guidelines for nutrition providers concerning
safety,
sanitary handling of food, equipment, preparation,
and
food storage;
(iii)
disseminating information to nutrition service providers
about
nutrition advancements and developments;
(iv)
promoting coordination between nutrition service providers
and
community-based organizations serving older individuals;
(v)
developing guidelines on cost containment;
(vi)
defining a long range role for the nutrition services in
community-based
care systems;
(vii)
developing model menus and other appropriate materials
for
serving special needs populations and meeting cultural
meal
preferences; and
(viii)
providing technical assistance to the regional offices
of
the Administration with respect to each duty described in
clauses
(i) through (vii).
(B)
The regional offices of the Administration shall be responsible
for
disseminating, and providing technical assistance regarding,
the
guidelines and information described in clauses (ii), (iii),
and
(v) of subparagraph (A) to State agencies, area agencies on
aging,
and persons that provide nutrition services under part C of
title
III.
(C)
The officer or employee designated under subparagraph (A)
shall—
21 Sec. 206
Older Americans Act OF 1965
(i)
have expertise in nutrition and dietary services and
planning;
and
(ii)(I)
be a registered dietitian;
(II)
be a credentialed nutrition professional; or
(III)
have education and training that is substantially
equivalent
to the education and training for a registered dietitian
or
a credentialed nutrition professional.
(b)
In administering the functions of the Administration under
this
Act, the Assistant Secretary may utilize the services and facilities
of
any agency of the Federal Government and of any other public
or
nonprofit agency or organization, in accordance with agreements
between
the Assistant Secretary and the head thereof, and
is
authorized to pay therefor, in advance or by way of reimbursement,
as
may be provided in the agreement.
(c)
For the purpose of carrying out this Section, there are
authorized
to be appropriated such sums as may be necessary.
(42 U.S.C. 3016)
EVALUATION
Sec. 206. (a) The
Secretary shall measure and evaluate the impact
of
all programs authorized by this Act, their effectiveness in
achieving
stated goals in general, and in relation to their cost, their
impact
on related programs, their effectiveness in targeting for
services
under this Act unserved older individuals with greatest
economic
need (including low-income minority individuals and
older
individuals residing in rural areas) and unserved older individuals
with
greatest social need (including low-income minority
individuals
and older individuals residing in rural areas), and their
structure
and mechanisms for delivery of services, including, where
appropriate,
comparisons with appropriate control groups composed
of
persons who have not participated in such programs. Evaluations
shall
be conducted by persons not immediately involved in the
administration
of the program or project evaluated.
(b)
The Secretary may not make grants or contracts under title
IV
of this Act until the Secretary develops and publishes general
standards
to be used by the Secretary in evaluating the programs
and
projects assisted under such title. Results of evaluations conducted
pursuant
to such standards shall be included in the reports
required
by Section 207.
(c)
In carrying out evaluations under this Section, the Secretary
shall,
whenever possible, arrange to obtain the opinions of program
and
project participants about the strengths and weaknesses of the
programs
and projects, and conduct, where appropriate, evaluations
which
compare the effectiveness of related programs in
achieving
common objectives. In carrying out such evaluations, the
Secretary
shall consult with organizations concerned with older
individuals,
including those representing minority individuals,
older
individuals residing in rural areas and older individuals with
disabilities.
(d)
The Secretary shall annually publish summaries and analyses
of
the results of evaluative research and evaluation of program
and
project impact and effectiveness, including, as appropriate,
health
and nutrition education demonstration projects conducted
22 Sec. 207
Older Americans Act OF 1965
under
Section 307(f) the full contents of which shall be transmitted
to
Congress, be disseminated to Federal, State, and local agencies
and
private organizations with an interest in aging, and be accessible
to
the public.
(e)
The Secretary shall take the necessary action to assure that
all
studies, evaluations, proposals, and data produced or developed
with
Federal funds shall become the property of the United States.
(f)
Such information as the Secretary may deem necessary for
purposes
of the evaluations conducted under this Section shall be
made
available to him, upon request, by the departments and agencies
of
the executive branch.
(g)
The Secretary may use such sums as may be necessary, but
not
to exceed $3,000,000 (of which not to exceed $1,500,000 shall
be
available from funds appropriated to carry out title III and not
to
exceed $1,500,000 shall be available from funds appropriated to
carry
out title IV), to conduct directly evaluations under this Section.
No
part of such sums may be reprogrammed, transferred, or
used
for any other purpose. Funds expended under this subSection
shall
be justified and accounted for by the Secretary.
(42 U.S.C. 3017)
REPORTS
Sec. 207. (a) Not
later than one hundred and twenty days after
the
close of each fiscal year, the Assistant Secretary shall prepare
and
submit to the President and to the Congress a full and complete
report
on the activities carried out under this Act. Such annual
reports
shall include—
(1)
statistical data reflecting services and activities provided
to
individuals during the preceding fiscal year;
(2)
statistical data collected under Section 202(a)(19);
(3)
statistical data and an analysis of information regarding
the
effectiveness of the State agency and area agencies on
aging
in targeting services to older individuals with greatest
economic
need and older individuals with greatest social need,
with
particular attention to low-income minority individuals,
older
individuals residing in rural areas, low-income individuals,
and
frail individuals (including individuals with any
physical
or mental functional impairment); and
(4)
a description of the implementation of the plan required
by
Section 202(a)(17).
(b)(1)
Not later than March 1 of each year, the Assistant Secretary
shall
compile a report—
(A)
summarizing and analyzing the data collected under titles
III
and VII in accordance with Section 712(c) for the then
most
recently concluded fiscal year;
(B)
identifying significant problems and issues revealed by
such
data (with special emphasis on problems relating to quality
of
care and residents’ rights);
(C)
discussing current issues concerning the long-term care
ombudsman
programs of the States; and
(D)
making recommendations regarding legislation and
administrative
actions to resolve such problems.
23 Sec. 208
Older Americans Act OF 1965
Error in
amendment made by Section 103(c) of Public Law 101–175. Should strike
"Finance"
and insert "Financing".
(2)
The Assistant Secretary shall submit the report required by
paragraph
(1) to—
(A)
the Special Committee on Aging of the Senate;
(B)
the Committee on Education and Labor of the House
of
Representatives; and
(C)
the Committee on Labor and Human Resources of the
Senate.
(3)
The Assistant Secretary shall provide the report required
by
paragraph (1), and make the State reports required under titles
III
and VII in accordance with Section 712(h)(1) available, to—
(A)
the Administrator of the Health Care Finance 1 Administration;
(B)
the Office of the Inspector General of the Department
of
Health and Human Services;
(C)
the Office of Civil Rights of the Department of Health
and
Human Services;
(D)
the Secretary of Veterans Affairs; and
(E)
each public agency or private organization designated
as
an Office of the State Long-Term Care Ombudsman under
title
III or VII in accordance with Section 712(a)(4)(A).
(c)
The Assistant Secretary shall, as part of the annual report
submitted
under subSection (a), prepare and submit a report on the
outreach
activities supported under this Act, together with such
recommendations
as the Assistant Secretary deems appropriate. In
carrying
out this subSection, the Assistant Secretary shall
consider—
(1)
the number of older individuals reached through the
activities;
(2)
the dollar amount of the assistance and benefits received
by
older individuals as a result of such activities;
(3)
the cost of such activities in terms of the number of
individuals
reached and the dollar amount described in paragraph
(2);
(4)
the effect of such activities on supportive services and
nutrition
services furnished under title III of this Act; and
(5)
the effectiveness of State and local efforts to target
older
individuals with greatest economic need (including lowincome
minority
individuals and older individuals residing in
rural
areas) and older individuals with greatest social need (including
low-income
minority individuals and older individuals
residing
in rural areas) to receive services under this Act.
(42 U.S.C. 3018)
JOINT FUNDING OF PROJECTS
Sec. 208. Pursuant to
regulations prescribed by the President
and
to the extent consistent with the other provisions of this Act,
where
funds are provided for a single project by more than one
Federal
agency to any agency or organization assisted under this
Act,
the Federal agency principally involved may be designated to
act
for all in administering the funds provided. In such cases, a single
non-Federal
share requirement may be established according to
24 Sec. 209
Older Americans Act OF 1965
the
proportion of funds advanced by each Federal agency, and any
such
agency may waive any technical grant or contract requirement
(as
defined by such regulations) which is inconsistent with
the
similar requirements of the administering agency or which the
administering
agency does not impose.
(42 U.S.C. 3019)
ADVANCE FUNDING
Sec. 209. (a) For the
purpose of affording adequate notice of
funding
available under this Act, appropriations under this Act are
authorized
to be included in the appropriation Act for the fiscal
year
preceding the fiscal year for which they are available for obligation.
(b)
In order to effect a transition to the advance funding
method
of timing appropriation action, subSection (a) shall apply
notwithstanding
that its initial application will result in the enactment
in
the same year (whether in the same appropriation Act or
otherwise)
of two separate appropriations, one for the then current
fiscal
year and one for the succeeding fiscal year.
(42 U.S.C. 3020)
APPLICATION OF OTHER LAWS
Sec. 210. (a) The
provisions and requirements of the Act of December
5,
1974 (Public Law 93–510; 88 Stat. 1604) shall not apply
to
the administration of the provisions of this Act or to the administration
of
any program or activity under this Act.
(b)
No part of the costs of any project under any title of this
Act
may be treated as income or benefits to any eligible individual
(other
than any wage or salary to such individual) for the purpose
of
any other program or provision of Federal or State law.
(42 U.S.C. 3020a)
REDUCTION OF PAPERWORK
Sec. 211. In order to
reduce unnecessary, duplicative, or disruptive
demands
for information, the Assistant Secretary, in consultation
with
State agencies and other appropriate agencies and
organizations,
shall continually review and evaluate all requests by
the
Administration for information under this Act and take such
action
as may be necessary to reduce the paperwork required under
this
Act. The Assistant Secretary shall request only such information
as
the Assistant Secretary deems essential to carry out the
objectives
and provisions of this Act and, in gathering such information,
shall
make use of uniform service definitions to the extent
that
such definitions are available.
(42 U.S.C. 3020b)
CONTRACTING AND GRANT AUTHORITY
Sec. 212. None of the
provisions of this Act shall be construed
to
prevent a recipient of a grant or a contract from entering into
an
agreement, subject to the approval of the State agency (or in the
case
of a grantee under title VI, subject to the recommendation of
25 Sec. 215
Older Americans Act OF 1965
the
Director of the Office for American Indian, Alaskan Native, and
Native
Hawaiian Aging and the approval of the Assistant Secretary),
with
a profitmaking organization to carry out the provisions
of
this Act and of the appropriate State plan.
(42 U.S.C. 3020c)
SURPLUS PROPERTY ELIGIBILITY
Sec. 213. Any State or
local government agency, and any nonprofit
organization
or institution, which receives funds appropriated
for
programs for older individuals under this Act, under
title
IV or title XX of the Social Security Act, or under titles VIII
and
X of the Economic Opportunity Act of 1964 and the Community
Services
Block Grant Act, shall be deemed eligible to receive
for
such programs, property which is declared surplus to the needs
of
the Federal Government in accordance with laws applicable to
surplus
property.
(42 U.S.C. 3020d)
Sec.
214. NUTRITION EDUCATION.
The
Assistant Secretary and the Secretary of Agriculture may
provide
technical assistance and appropriate material to agencies
carrying
out nutrition education programs in accordance with Section
339(2)(J).
(42 U.S.C. 3020e)
Sec.
215. PENSION COUNSELING AND INFORMATION PROGRAMS.
(a)
DEFINITIONS.—In this Section:
(1)
PENSION AND OTHER RETIREMENT BENEFITS.—The term
"pension
and other retirement benefits" means private, civil
service,
and other public pensions and retirement benefits, including
benefits
provided under—
(A)
the Social Security program under title II of the
Social
Security Act (42 U.S.C. 401 et seq.);
(B)
the railroad retirement program under the Railroad
Retirement
Act of 1974 (45 U.S.C. 231 et seq.);
(C)
the government retirement benefits programs
under
the Civil Service Retirement System set forth in
chapter
83 of title 5, United States Code, the Federal Employees
Retirement
System set forth in chapter 84 of title
5,
United States Code, or other Federal retirement systems;
or
(D)
employee pension benefit plans as defined in Section
3(2)
of the Employee Retirement Income Security Act
of
1974 (29 U.S.C. 1002(2)).
(2)
PENSION COUNSELING AND INFORMATION PROGRAM.—
The
term "pension counseling and information program" means
a
program described in subSection (b).
(b)
PROGRAM AUTHORIZED.—The Assistant
Secretary shall
award
grants to eligible entities to establish and carry out pension
counseling
and information programs that create or continue a sufficient
number
of pension assistance and counseling programs to
provide
outreach, information, counseling, referral, and other
assistance
regarding pension and other retirement benefits, and
rights
related to such benefits, to individuals in the United States.
26 Sec. 215
Older Americans Act OF 1965
(c)
ELIGIBLE ENTITIES.—The Assistant
Secretary shall award
grants
under this Section to—
(1)
State agencies or area agencies on aging; and
(2)
nonprofit organizations with a proven record of
providing—
(A)
services related to retirement of older individuals;
(B)
services to Native Americans; or
(C)
specific pension counseling.
(d)
CITIZEN ADVISORY PANEL.—The Assistant
Secretary shall
establish
a citizen advisory panel to advise the Assistant Secretary
regarding
which entities should receive grant awards under this
Section.
Such panel shall include representatives of business, labor,
national
senior advocates, and national pension rights advocates.
The
Assistant Secretary shall consult such panel prior to awarding
grants
under this Section.
(e)
APPLICATION.—To be eligible to receive a grant under
this
Section,
an entity shall submit an application to the Assistant Secretary
at
such time, in such manner, and containing such information
as
the Assistant Secretary may require, including—
(1)
a plan to establish a pension counseling and information
program
that—
(A)
establishes or continues a State or area pension
counseling
and information program;
(B)
serves a specific geographic area;
(C)
provides counseling (including direct counseling
and
assistance to individuals who need information regarding
pension
and other retirement benefits) and information
that
may assist individuals in obtaining, or establishing
rights
to, and filing claims or complaints regarding,
pension
and other retirement benefits;
(D)
provides information on sources of pension and
other
retirement benefits;
(E)
establishes a system to make referrals for legal
services
and other advocacy programs;
(F)
establishes a system of referral to Federal, State,
and
local departments or agencies related to pension and
other
retirement benefits;
(G)
provides a sufficient number of staff positions (including
volunteer
positions) to ensure information, counseling,
referral,
and assistance regarding pension and
other
retirement benefits;
(H)
provides training programs for staff members, including
volunteer
staff members, of pension and other
retirement
benefits programs;
(I)
makes recommendations to the Administration, the
Department
of Labor and other Federal, State, and local
agencies
concerning issues for older individuals related to
pension
and other retirement benefits; and
(J)
establishes or continues an outreach program to
provide
information, counseling, referral and assistance regarding
pension
and other retirement benefits, with particular
emphasis
on outreach to women, minorities, older
individuals
residing in rural areas and low income retirees;
and
27 Sec. 215
Older Americans Act OF 1965
(2)
an assurance that staff members (including volunteer
staff
members) have no conflict of interest in providing the
services
described in the plan described in paragraph (1).
(f
) CRITERIA.—The Assistant Secretary shall consider the following
criteria
in awarding grants under this Section:
(1)
Evidence of a commitment by the entity to carry out a
proposed
pension counseling and information program.
(2)
The ability of the entity to perform effective outreach
to
affected populations, particularly populations that are identified
in
need of special outreach.
(3)
Reliable information that the population to be served
by
the entity has a demonstrable need for the services proposed
to
be provided under the program.
(4)
The ability of the entity to provide services under the
program
on a statewide or regional basis.
(g)
TRAINING AND TECHNICAL ASSISTANCE
PROGRAM.—
(1)
IN GENERAL.—The Assistant Secretary shall award
grants
to eligible entities to establish training and technical
assistance
programs that shall provide information
and
technical assistance to the staffs of entities operating
pension
counseling and information programs described in
subSection
(b), and general assistance to such entities, including
assistance
in the design of program evaluation
tools.
(2)
ELIGIBLE ENTITIES.—Entities that are eligible to receive
a
grant under this subSection include nonprofit private
organizations
with a record of providing national
information,
referral, and advocacy in matters related to
pension
and other retirement benefits.
(3)
APPLICATION.—To be eligible to receive a grant
under
this subSection, an entity shall submit an application
to
the Assistant Secretary at such time, in such manner,
and
containing such information as the Assistant Secretary
may
require.
(h)
PENSION ASSISTANCE HOTLINE
AND INTRAGENCY
COORDINATION.
—
(1)
HOTLINE.—The Assistant Secretary shall enter into
agreements
with other Federal agencies to establish and
administer
a national telephone hotline that shall provide
information
regarding pension and other retirement benefits,
and
rights related to such benefits.
(2)
CONTENT.—Such hotline described in paragraph (1)
shall
provide information for individuals seeking outreach,
information,
counseling, referral, and assistance regarding pension
and
other retirement benefits, and rights related to such
benefits.
(3)
AGREEMENTS.—The Assistant Secretary may enter into
agreements
with the Secretary of Labor and the heads of other
Federal
agencies that regulate the provision of pension and
other
retirement benefits in order to carry out this subSection.
(i)
REPORT TO CONGRESS.—Not later than 30
months after the
date
of the enactment of this Section, the Assistant Secretary shall
submit
to the Committee on Education and the Workforce of the
28 Sec. 216
Older Americans Act OF 1965
So in law.
Probably should insert a period. The amendment made by Section 205(1)(B) of the
Older Americans Act Amendments of 2000
(P.L. 106–501; 114 Stat. 2234) struck the period.
House
of Representatives and the Committee on Health, Education,
Labor
and Pensions of the Senate a report that—
(1)
summarizes the distribution of funds authorized for
grants
under this Section and the expenditure of such funds;
(2)
summarizes the scope and content of training and
assistance
provided under a program carried out under this
Section
and the degree to which the training and assistance
can
be replicated;
(3)
outlines the problems that individuals participating in
programs
funded under this Section encountered concerning
rights
related to pension and other retirement benefits; and
(4)
makes recommendations regarding the manner in
which
services provided in programs funded under this Section
can
be incorporated into the ongoing programs of State agencies,
area
agencies on aging, multipurpose senior centers and
other
similar entities.
(j)
ADMINISTRATIVE EXPENSES.—Of the funds
appropriated
under
Section 216 to carry out this Section for a fiscal year, not
more
than $100,000 may be used by the Administration for administrative
expenses.
(42 U.S.C. 3020e–1)
Sec.
216. AUTHORIZATION OF APPROPRIATIONS.
(a)
IN GENERAL.—For purposes of carrying out this
Act, there
are
authorized to be appropriated for administration, salaries, and
expenses
of the Administration such sums as may be necessary for
fiscal
years 2001, 2002, 2003, 2004, and 2005
(b)
ELDERCARE LOCATOR SERVICE.—There are
authorized to be
appropriated
to carry out Section 202(a)(24) (relating to the National
Eldercare
Locator Service) such sums as may be necessary
for
fiscal year 2001, and such sums as may be necessary for each
of
the 4 succeeding fiscal years.
(c)
PENSION COUNSELING AND INFORMATION
PROGRAMS.—There
are
authorized to be appropriated to carry out Section 215, such
sums
as may be necessary for fiscal year 2001 and for each of the
4
succeeding fiscal years.
(42 U.S.C. 3020f)
TITLE
III—GRANTS FOR STATE AND COMMUNITY
PROGRAMS
ON AGING
PART
A—GENERAL
PROVISIONS
PURPOSE; ADMINISTRATION
Sec. 301. (a)(1) It is
the purpose of this title to encourage and
assist
State agencies and area agencies on aging to concentrate resources
in
order to develop greater capacity and foster the development
and
implementation of comprehensive and coordinated systems
to
serve older individuals by entering into new cooperative
arrangements
in each State with the persons described in para-
29 Sec. 301
Older Americans Act OF 1965
graph
(2), for the planning, and for the provision of, supportive
services,
and multipurpose senior centers, in order to—
(A)
Secure and maintain maximum independence and dignity
in
a home environment for older individuals capable of self
care
with appropriate supportive services;
(B)
remove individual and social barriers to economic and
personal
independence for older individuals;
(C)
provide a continuum of care for vulnerable older individuals;
and
(D)
Secure the opportunity for older individuals to receive
managed
in-home and community-based long-term care
services.
(2)
The persons referred to in paragraph (1) include—
(A)
State agencies and area agencies on aging;
(B)
other State agencies, including agencies that administer
home
and community care programs;
(C)
Indian tribes, tribal organizations, and Native Hawaiian
organizations;
(D)
the providers, including voluntary organizations or
other
private Sector organizations, of supportive services, nutrition
services,
and multipurpose senior centers; and
(E)
organizations representing or employing older individuals
or
their families.
(b)(1)
In order to effectively carry out the purpose of this title,
the
Assistant Secretary shall administer programs under this title
through
the Administration.
(2)
In carrying out the provisions of this title, the Assistant
Secretary
may request the technical assistance and cooperation of
the
Department of Education, the Department of Labor, the
Department
of Housing and Urban Development, the Department
of
Transportation, the Office of Community Services, the Department
of
Veterans Affairs, the Substance Abuse and Mental Health
Services
Administration, and such other agencies and departments
of
the Federal Government as may be appropriate.
(c)
The Assistant Secretary shall provide technical assistance
and
training (by contract, grant, or otherwise) to State long-term
care
ombudsman programs established under Section 307(a)(9) in
accordance
with Section 712, and to individuals within such programs
designated
under Section 712 to be representatives of a longterm
care
ombudsman, in order to enable such ombudsmen and
such
representatives to carry out the ombudsman program effectively.
(d)(1)
Any funds received under an allotment as described in
Section
304(a), or funds contributed toward the non-Federal share
under
Section 304(d), shall be used only for activities and services
to
benefit older individuals and other individuals as specifically
provided
for in this title.
(2)
No provision of this title shall be construed as prohibiting
a
State agency or area agency on aging from providing services by
using
funds from sources not described in paragraph (1).
(42 U.S.C. 3021)
30 Sec. 302
Older Americans Act OF 1965
DEFINITIONS
Sec. 302. For the
purpose of this title—
(1)
The term "comprehensive and coordinated system"
means
a system for providing all necessary supportive services,
including
nutrition services, in a manner designed to—
(A)
facilitate accessibility to, and utilization of, all supportive
services
and nutrition services provided within the
geographic
area served by such system by any public or
private
agency or organization;
(B)
develop and make the most efficient use of supportive
services
and nutrition services in meeting the
needs
of older individuals;
(C)
use available resources efficiently and with a minimum
of
duplication; and
(D)
encourage and assist public and private entities
that
have unrealized potential for meeting the service
needs
of older individuals to assist the older individuals on
a
voluntary basis.
(2)
The term "unit of general purpose local government"
means—
(A)
a political subdivision of the State whose authority
is
general and not limited to only one function or combination
of
related functions; or
(B)
an Indian tribal organization.
(3)
The term "education and training service" means a supportive
service
designed to assist older individuals to better
cope
with their economic, health, and personal needs through
services
such as consumer education, continuing education,
health
education, preretirement education, financial planning,
and
other education and training services which will advance
the
objectives of this Act.
(42 U.S.C. 3022)
AUTHORIZATION OF APPROPRIATIONS; USES
OF FUNDS
Sec. 303. (a)(1) There
are authorized to be appropriated to
carry
out part B (relating to supportive services) such sums as may
be
necessary for fiscal year 2001, and such sums as may be necessary
for
each of the 4 succeeding fiscal years.
(2)
Funds appropriated under paragraph (1) shall be available
to
carry out Section 712.
(b)(1)
There are authorized to be appropriated to carry out subpart
1
of part C (relating to congregate nutrition services) such
sums
as may be necessary for fiscal year 2001, and such sums as
may
be necessary for each of the 4 succeeding fiscal years.
(2)
There are authorized to be appropriated to carry out subpart
2
of part C (relating to home delivered nutrition services) such
sums
as may be necessary for fiscal year 2001, and such sums as
may
be necessary for each of the 4 succeeding fiscal years.
(c)
Grants made under part B, and subparts 1 and 2 of part
C,
of this title may be used for paying part of the cost of—
(1)
the administration of area plans by area agencies on
aging
designated under Section 305(a)(2)(A), including the
preparation
of area plans on aging consistent with Section 306
31 Sec. 304
Older Americans Act OF 1965
and
the evaluation of activities carried out under such plans;
and
(2)
the development of comprehensive and coordinated systems
for
supportive services, congregate and home delivered
nutrition
services under subparts 1 and 2 of part C, the development
and
operation of multipurpose senior centers, and the
delivery
of legal assistance.
(d)
There are authorized to be appropriated to carry out part
D
(relating to disease prevention and health promotion services)
such
sums as may be necessary for fiscal year 2001, and such sums
as
may be necessary for each of the 4 succeeding fiscal years.
(e)(1)
There are authorized to be appropriated to carry out part
E
(relating to family caregiver support) $125,000,000 for fiscal year
2001
if the aggregate amount appropriated under subSection (a)(1)
(relating
to part B, supportive services), paragraphs (1) (relating to
subpart
1 of part C, congregate nutrition services) and (2) (relating
to
subpart 2 of part C, home delivered nutrition services) of subSection
(b),
and (d) (relating to part D, disease prevention and
health
promotion services) of this Section for fiscal year 2001 is not
less
than the aggregate amount appropriated under subSection
(a)(1),
paragraphs (1) and (2) of subSection (b), and subSection (d)
of
Section 303 of the Older Americans Act of 1965 for fiscal year
2000.
(2)
There are authorized to be appropriated to carry out part
E
(relating to family caregiver support) such sums as may be necessary
for
each of the 4 succeeding fiscal years.
(3)
Of the funds appropriated under paragraphs (1) and (2)—
(A)
4 percent of such funds shall be reserved to carry out
activities
described in Section 375; and
(B)
1 percent of such funds shall be reserved to carry out
activities
described in Section 376.
(42 U.S.C. 3023)
ALLOTMENT; FEDERAL
SHARE
Sec. 304. (a)(1) From
the sums appropriated under subSections
(a)
through (d) of Section 303 for each fiscal year, each State shall
be
allotted an amount which bears the same ratio to such sums as
the
population of older individuals in such State bears to the population
of
older individuals in all States.
(2)
In determining the amounts allotted to States from the
sums
appropriated under Section 303 for a fiscal year, the Assistant
Secretary
shall first determine the amount allotted to each State
under
paragraph (1) and then proportionately adjust such amounts,
if
necessary, to meet the requirements of paragraph (3).
(3)(A)
No State shall be allotted less than 1.2
of 1
percent of the
sum
appropriated for the fiscal year for which the determination is
made.
(B)
Guam and the United States Virgin Islands shall each be
allotted
not less than 1.4 of 1 percent of the
sum appropriated for
the
fiscal year for which the determination is made.
(C)
American Samoa and the Commonwealth of the Northern
Mariana
Islands shall each be allotted not less than 1.16
of 1
percent
of
the sum appropriated for the fiscal year for which the deter-
32 Sec. 304
Older Americans Act OF 1965
Error in
amendment made by Section 303(a) of the Older Americans Act Amendments of
2000 (P.L. 106–501; 114 Stat. 2239) which
included double quotation marks around the word
"State".
mination
is made. For the purposes of the exception contained in
subparagraph
(A) only, the term "‘State"’ does not include Guam,
American
Samoa, the United States Virgin Islands, and the Commonwealth
of
the Northern Mariana Islands.
(D)
No State shall be allotted less than the total amount allotted
to
the State for fiscal year 2000 and no State shall receive a
percentage
increase above the fiscal year 2000 allotment that is
less
than 20 percent of the percentage increase above the fiscal
year
2000 allotments for all of the States.
(4)
The number of individuals aged 60 or older in any State
and
in all States shall be determined by the Assistant Secretary on
the
basis of the most recent data available from the Bureau of the
Census,
and other reliable demographic data satisfactory to the
Assistant
Secretary.
(5)
State allotments for a fiscal year under this Section shall
be
proportionally reduced to the extent that appropriations may be
insufficient
to provide the full allotments of the prior year.
(b)
Whenever the Assistant Secretary determines that any
amount
allotted to a State under part B or C, or subpart 1 of part
E,
for a fiscal year under this Section will not be used by such State
for
carrying out the purpose for which the allotment was made, the
Assistant
Secretary shall make such allotment available for carrying
out
such purpose to one or more other States to the extent
the
Assistant Secretary determines that such other State will be
able
to use such additional amount for carrying out such purpose.
Any
amount made available to a State from an appropriation for
a
fiscal year in accordance with the preceding sentence shall, for
purposes
of this title, be regarded as part of such State’s allotment
(as
determined under subSection (a)) for such year, but shall remain
available
until the end of the succeeding fiscal year.
(c)
If the Assistant Secretary finds that any State has failed to
qualify
under the State plan requirements of Section 307 or the
Assistant
Secretary does not approve the funding formula required
under
Section 305(a)(2)(C), the Assistant Secretary shall withhold
the
allotment of funds to such State referred to in subSection (a).
The
Assistant Secretary shall disburse the funds so withheld directly
to
any public or private nonprofit institution or organization,
agency,
or political subdivision of such State submitting an approved
plan
under Section 307, which includes an agreement that
any
such payment shall be matched in the proportion determined
under
subSection (d)(1)(D) for such State, by funds or in-kind resources
from
non-Federal sources.
(d)(1)
From any State’s allotment, after the application of Section
308(b),
under this Section for any fiscal year—
(A)
such amount as the State agency determines, but not
more
than 10 percent thereof, shall be available for paying
such
percentage as the agency determines, but not more than
75
percent, of the cost of administration of area plans;
(B)
such amount (excluding any amount attributable to
funds
appropriated under Section 303(a)(3)) as the State
agency
determines to be adequate for conducting an effective
33 Sec. 305
Older Americans Act OF 1965
ombudsman
program under Section 307(a)(9) shall be available
for
conducting such program;
(C)
not less than $150,000 and not more than 4 percent of
the
amount allotted to the State for carrying out part B, shall
be
available for conducting outreach demonstration projects
under
Section 706; and
(D)
the remainder of such allotment shall be available to
such
State only for paying such percentage as the State agency
determines,
but not more than 85 percent of the cost of supportive
services,
senior centers, and nutrition services under
this
title provided in the State as part of a comprehensive and
coordinated
system in planning and service areas for which
there
is an area plan approved by the State agency.
(2)
The non-Federal share shall be in cash or in kind. In determining
the
amount of the non-Federal share, the Assistant Secretary
may
attribute fair market value to services and facilities
contributed
from non-Federal sources.
(42 U.S.C. 3024)
ORGANIZATION
Sec. 305. (a) In order
for a State to be eligible to participate
in
programs of grants to States from allotments under this title—
(1)
the State shall, in accordance with regulations of the
Assistant
Secretary, designate a State agency as the sole State
agency
to—
(A)
develop a State plan to be submitted to the Assistant
Secretary
for approval under Section 307;
(B)
administer the State plan within such State;
(C)
be primarily responsible for the planning, policy
development,
administration, coordination, priority setting,
and
evaluation of all State activities related to the objectives
of
this Act;
(D)
serve as an effective and visible advocate for older
individuals
by reviewing and commenting upon all State
plans,
budgets, and policies which affect older individuals
and
providing technical assistance to any agency, organization,
association,
or individual representing the needs of
older
individuals; and
(E)
divide the State into distinct planning and service
areas
(or in the case of a State specified in subSection
(b)(5)(A),
designate the entire State as a single planning
and
service area), in accordance with guidelines issued by
the
Assistant Secretary, after considering the geographical
distribution
of older individuals in the State, the incidence
of
the need for supportive services, nutrition services,
multipurpose
senior centers, and legal assistance, the distribution
of
older individuals who have greatest economic
need
(with particular attention to low-income minority
individuals
and older individuals residing in rural areas)
residing
in such areas, the distribution of older individuals
who
have greatest social need (with particular attention to
low-income
minority individuals and older individuals residing
in
rural areas) residing in such areas, the distribu-
34 Sec. 305
Older Americans Act OF 1965
tion
of older individuals who are Indians residing in such
areas,
the distribution of resources available to provide
such
services or centers, the boundaries of existing areas
within
the State which were drawn for the planning or
administration
of supportive services programs, the location
of
units of general purpose local government within
the
State, and any other relevant factors; and
(2)
the State agency shall—
(A)
except as provided in subSection (b)(5), designate
for
each such area after consideration of the views offered
by
the unit or units of general purpose local government
in
such area, a public or private nonprofit agency or organization
as
the area agency on aging for such area;
(B)
provide assurances, satisfactory to the Assistant
Secretary,
that the State agency will take into account, in
connection
with matters of general policy arising in the
development
and administration of the State plan for any
fiscal
year, the views of recipients of supportive services or
nutrition
services, or individuals using multipurpose senior
centers
provided under such plan;
(C)
in consultation with area agencies, in accordance
with
guidelines issued by the Assistant Secretary, and
using
the best available data, develop and publish for review
and
comment a formula for distribution within the
State
of funds received under this title that takes into
account—
(i)
the geographical distribution of older individuals
in
the State; and
(ii)
the distribution among planning and service
areas
of older individuals with greatest economic need
and
older individuals with greatest social need, with
particular
attention to low-income minority older individuals;
(D)
submit its formula developed under subparagraph
(C)
to the Assistant Secretary for approval;
(E)
provide assurance that preference will be given to
providing
services to older individuals with greatest economic
need
and older individuals with greatest social need,
with
particular attention to low-income minority individuals
and
older individuals residing in rural areas, and include
proposed
methods of carrying out the preference in
the
State plan;
(F)
provide assurances that the State agency will require
use
of outreach efforts described in Section
307(a)(16);
and
(G)(i)
set specific objectives, in consultation with area
agencies
on aging, for each planning and service area for
providing
services funded under this title to low-income
minority
older individuals and older individuals residing in
rural
areas;
(ii)
provide an assurance that the State agency will
undertake
specific program development, advocacy, and
35 Sec. 305
Older Americans Act OF 1965
Section 304(2)(C)
of the Older Americans Act Amendments of 2000 (P.L. 106–501; 114 Stat.
2292) amends this clause by inserting "and
older individuals residing in rural areas" after "lowincome
minority individuals". The amendment could
not be executed because of an incorrect reference
to text.
outreach
efforts focused on the needs of low-income minority
older
individuals 1; and
(iii)
provide a description of the efforts described in
clause
(ii) that will be undertaken by the State agency.
(b)(1)
In carrying out the requirement of subSection (a)(1), the
State
may designate as a planning and service area any unit of
general
purpose local government which has a population of
100,000
or more. In any case in which a unit of general purpose
local
government makes application to the State agency under the
preceding
sentence to be designated as a planning and service area,
the
State agency shall, upon request, provide an opportunity for a
hearing
to such unit of general purpose local government. A State
may
designate as a planning and service area under subSection
(a)(1)
any region within the State recognized for purposes of
areawide
planning which includes one or more such units of general
purpose
local government when the State determines that the
designation
of such a regional planning and service area is necessary
for,
and will enhance, the effective administration of the
programs
authorized by this title. The State may include in any
planning
and service area designated under subSection (a)(1) such
additional
areas adjacent to the unit of general purpose local government
or
regions so designated as the State determines to be
necessary
for, and will enhance the effective administration of the
programs
authorized by this title.
(2)
The State is encouraged in carrying out the requirement of
subSection
(a)(1) to include the area covered by the appropriate economic
development
district involved in any planning and service
area
designated under subSection (a)(1), and to include all portions
of
an Indian reservation within a single planning and service area,
if
feasible.
(3)
The chief executive officer of each State in which a planning
and
service area crosses State boundaries, or in which an
interstate
Indian reservation is located, may apply to the Assistant
Secretary
to request redesignation as an interstate planning and
service
area comprising the entire metropolitan area or Indian reservation.
If
the Assistant Secretary approves such an application,
the
Assistant Secretary shall adjust the State allotments of the
areas
within the planning and service area in which the interstate
planning
and service area is established to reflect the number of
older
individuals within the area who will be served by an interstate
planning
and service area not within the State.
(4)
Whenever a unit of general purpose local government, a region,
a
metropolitan area or an Indian reservation is denied designation
under
the provisions of subSection (a)(1), such unit of general
purpose
local government, region, metropolitan area, or Indian
reservation
may appeal the decision of the State agency to the
Assistant
Secretary. The Assistant Secretary shall afford such unit,
region,
metropolitan area, or Indian reservation an opportunity for
a
hearing. In carrying out the provisions of this paragraph, the
Assistant
Secretary may approve the decision of the State agency,
36 Sec. 305
Older Americans Act OF 1965
Error in
amendment made by Section 305(b) of Public Law 102–375. Should strike
"services"
and insert "service".
disapprove
the decision of the State agency and require the State
agency
to designate the unit, region, area, or Indian reservation appealing
the
decision as a planning and service area, or take such
other
action as the Assistant Secretary deems appropriate.
(5)(A)
A State which on or before October 1, 1980, had designated,
with
the approval of the Assistant Secretary, a single
planning
and service area covering all of the older individuals in
the
State, in which the State agency was administering the area
plan,
may after that date designate one or more additional planning
and
service areas within the State to be administered by public
or
private nonprofit agencies or organizations as area agencies
on
aging, after considering the factors specified in subSection
(a)(1)(E).
The State agency shall continue to perform the functions
of
an area agency on aging for any area of the State not included
in
a planning and service area for which an area agency on aging
has
been designated.
(B)
Whenever a State agency designates a new area agency on
aging
after the date of enactment of the Older Americans Act
Amendments
of 1984, the State agency shall give the right to first
refusal
to a unit of general purpose local government if (i) such
unit
can meet the requirements of subSection (c), and (ii) the
boundaries
of such a unit and the boundaries of the area are reasonably
contiguous.
(C)(i)
A State agency shall establish and follow appropriate
procedures
to provide due process to affected parties, if the State
agency
initiates an action or proceeding to—
(I)
revoke the designation of the area agency on aging
under
subSection (a);
(II)
designate an additional planning and service area in
a
State;
(III)
divide the State into different planning and services
areas;
or
(IV)
otherwise affect the boundaries of the planning and
service
areas in the State.
(ii)
The procedures described in clause (i) shall include procedures
for—
(I)
providing notice of an action or proceeding described in
clause
(i);
(II)
documenting the need for the action or proceeding;
(III)
conducting a public hearing for the action or proceeding;
(IV)
involving area agencies on aging, service providers,
and
older individuals in the action or proceeding; and
(V)
allowing an appeal of the decision of the State agency
in
the action or proceeding to the Assistant Secretary.
(iii)
An adversely affected party involved in an action or proceeding
described
in clause (i) may bring an appeal described in
clause
(ii)(V) on the basis of—
(I)
the facts and merits of the matter that is the subject
of
the action or proceeding; or
(II)
procedural grounds.
37 Sec. 305
Older Americans Act OF 1965
(iv)
In deciding an appeal described in clause (ii)(V), the Assistant
Secretary
may affirm or set aside the decision of the State
agency.
If the Assistant Secretary sets aside the decision, and the
State
agency has taken an action described in subclauses (I)
through
(III) of clause (i), the State agency shall nullify the action.
(c)
An area agency on aging designated under subSection (a)
shall
be—
(1)
an established office of aging which is operating within
a
planning and service area designated under subSection (a);
(2)
any office or agency of a unit of general purpose local
government,
which is designated to function only for the purpose
of
serving as an area agency on aging by the chief elected
official
of such unit;
(3)
any office or agency designated by the appropriate chief
elected
officials of any combination of units of general purpose
local
government to act only on behalf of such combination for
such
purpose;
(4)
any public or nonprofit private agency in a planning
and
service area, or any separate organizational unit within
such
agency, which is under the supervision or direction for
this
purpose of the designated State agency and which can and
will
engage only in the planning or provision of a broad range
of
supportive services, or nutrition services within such planning
and
service area; or
(5)
in the case of a State specified in subSection (b)(5), the
State
agency;
and
shall provide assurance, determined adequate by the State
agency,
that the area agency on aging will have the ability to develop
an
area plan and to carry out, directly or through contractual
or
other arrangements, a program in accordance with the plan
within
the planning and service area. In designating an area
agency
on aging within the planning and service area or within any
unit
of general purpose local government designated as a planning
and
service area the State shall give preference to an established
office
on aging, unless the State agency finds that no such office
within
the planning and service area will have the capacity to
carry
out the area plan.
(d)
The publication for review and comment required by paragraph
(2)(C)
of subSection (a) shall include—
(1)
a descriptive statement of the formula’s assumptions
and
goals, and the application of the definitions of greatest economic
or
social need,
(2)
a numerical statement of the actual funding formula to
be
used,
(3)
a listing of the population, economic, and social data to
be
used for each planning and service area in the State, and
(4)
a demonstration of the allocation of funds, pursuant to
the
funding formula, to each planning and service area in the
State.
(42 U.S.C. 3025)
38 Sec. 306
Older Americans Act OF 1965
AREA PLANS
Sec. 306. (a) Each
area agency on aging designated under Section
305(a)(2)(A)
shall, in order to be approved by the State agency,
prepare
and develop an area plan for a planning and service area
for
a two-, three-, or four-year period determined by the State
agency,
with such annual adjustments as may be necessary. Each
such
plan shall be based upon a uniform format for area plans
within
the State prepared in accordance with Section 307(a)(1).
Each
such plan shall—
(1)
provide, through a comprehensive and coordinated system,
for
supportive services, nutrition services, and, where
appropriate,
for the establishment, maintenance, or construction
of
multipurpose senior centers, within the planning and
service
area covered by the plan, including determining the extent
of
need for supportive services, nutrition services, and
multipurpose
senior centers in such area (taking into consideration,
among
other things, the number of older individuals
with
low incomes residing in such area, the number of older
individuals
who have greatest economic need (with particular
attention
to low-income minority individuals and older individuals
residing
in rural areas) residing in such area, the number
of
older individuals who have greatest social need (with particular
attention
to low-income minority individuals) residing
in
such area, and the number of older individuals who are Indians
residing
in such area, and the efforts of voluntary organizations
in
the community), evaluating the effectiveness of the
use
of resources in meeting such need, and entering into agreements
with
providers of supportive services, nutrition services,
or
multipurpose senior centers in such area, for the provision
of
such services or centers to meet such need;
(2)
provide assurances that an adequate proportion, as required
under
Section 307(a)(2), of the amount allotted for part
B
to the planning and service area will be expended for the delivery
of
each of the following categories of services—
(A)
services associated with access to services (transportation,
outreach,
information and assistance, and case
management
services);
(B)
in-home services, including supportive services for
families
of older individuals who are victims of Alzheimer’s
disease
and related disorders with neurological and organic
brain
dysfunction; and
(C)
legal assistance;
and
assurances that the area agency on aging will report annually
to
the State agency in detail the amount of funds expended
for
each such category during the fiscal year most recently
concluded;
(3)(A)
designate, where feasible, a focal point for comprehensive
service
delivery in each community, giving special
consideration
to designating multipurpose senior centers (including
multipurpose
senior centers operated by organizations
referred
to in paragraph (6)(C)) as such focal point; and
39 Sec. 306
Older Americans Act OF 1965
1Errors in
amendment made by Section 306(c)(2)(B) of Public Law 102–375. Subparagraph (B),
clauses (i) and (ii), and subclauses (I)
through (VI) should each be amended to move their left
margins 2-ems to the left.
(B)
specify, in grants, contracts, and agreements implementing
the
plan, the identity of each focal point so designated;
(4)(A)(i)
provide assurances that the area agency on aging
will
set specific objectives for providing services to older individuals
with
greatest economic need and older individuals with
greatest
social need, include specific objectives for providing
services
to low-income minority individuals and older individuals
residing
in rural areas, and include proposed methods of
carrying
out the preference in the area plan;
(ii)
provide assurances that the area agency on aging will
include
in each agreement made with a provider of any service
under
this title, a requirement that such provider will—
(I)
specify how the provider intends to satisfy the service
needs
of low-income minority individuals and older
individuals
residing in rural areas in the area served by
the
provider;
(II)
to the maximum extent feasible, provide services
to
low-income minority individuals and older individuals
residing
in rural areas in accordance with their need for
such
services; and
(III)
meet specific objectives established by the area
agency
on aging, for providing services to low-income minority
individuals
and older individuals residing in rural
areas
within the planning and service area; and
(iii)
with respect to the fiscal year preceding the fiscal year
for
which such plan is prepared—
(I)
identify the number of low-income minority older
individuals
in the planning and service area;
(II)
describe the methods used to satisfy the service
needs
of such minority older individuals; and
(III)
provide information on the extent to which the
area
agency on aging met the objectives described in
clause
(i);
(B)
provide
assurances that the area agency on aging
will
use outreach efforts that will—
(i)
identify
individuals eligible for assistance
under
this Act, with special emphasis on—
(I)
older
individuals residing in rural areas;
(II)
older
individuals with greatest economic
need
(with particular attention to low-income minority
individuals
and older individuals residing
in
rural areas);
(III)
older
individuals with greatest social
need
(with particular attention to low-income minority
individuals
and older individuals residing
in
rural areas);
(IV)
older
individuals with severe disabilities;
(V)
older
individuals with limited Englishspeaking
ability;
and
40 Sec. 306
Older Americans Act OF 1965
See footnote on
previous page.
(VI) older individuals with Alzheimer’s disease
or
related disorders with neurological and organic
brain
dysfunction (and the caretakers of
such
individuals); and
(ii)
inform
the older individuals referred to in
subclauses
(I) through (VI) of clause (i), and the caretakers
of
such individuals, of the availability of such
assistance;
and
(C)
contain an assurance that the area agency on aging
will
ensure that each activity undertaken by the agency, including
planning,
advocacy, and systems development, will include
a
focus on the needs of low-income minority older individuals
and
older individuals residing in rural areas;
(5)
provide assurances that the area agency on aging will
coordinate
planning, identification, assessment of needs, and
provision
of services for older individuals with disabilities, with
particular
attention to individuals with severe disabilities, with
agencies
that develop or provide services for individuals with
disabilities;
(6)
provide that the area agency on aging will—
(A)
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;
(B)
serve as the advocate and focal point for older individuals
within
the community by (in cooperation with
agencies,
organizations, and individuals participating in
activities
under the plan) monitoring, evaluating, and commenting
upon
all policies, programs, hearings, levies, and
community
actions which will affect older individuals;
(C)(i)
where possible, enter into arrangements with
organizations
providing day care services for children,
assistance
to older individuals caring for relatives who are
children,
and respite for families, so as to provide opportunities
for
older individuals to aid or assist on a voluntary
basis
in the delivery of such services to children, adults,
and
families; and
(ii)
if possible regarding the provision of services under
this
title, enter into arrangements and coordinate with
organizations
that have a proven record of providing services
to
older individuals, that—
(I)
were officially designated as community action
agencies
or community action programs under Section
210
of the Economic Opportunity Act of 1964 (42
U.S.C.
2790) for fiscal year 1981, and did not lose the
designation
as a result of failure to comply with such
Act;
or
(II)
came into existence during fiscal year 1982 as
direct
successors in interest to such community action
agencies
or community action programs;
and
that meet the requirements under Section 676B of the
Community
Services Block Grant Act;
41 Sec. 306 OLDER
AMERICANS ACT OF 1965
(D)
establish an advisory council consisting of older
individuals
(including minority individuals and older individuals
residing
in rural areas) who are participants or
who
are eligible to participate in programs assisted under
this
Act, representatives of older individuals, local elected
officials,
providers of veterans’ health care (if appropriate),
and
the general public, to advise continuously the area
agency
on aging on all matters relating to the development
of
the area plan, the administration of the plan and operations
conducted
under the plan;
(E)
establish effective and efficient procedures for coordination
of—
(i)
entities conducting programs that receive
assistance
under this Act within the planning and
service
area served by the agency; and
(ii) entities conducting other Federal programs for
older individuals at the local level, with particular emphasis
on entities conducting programs described in
Section
203(b), within the area;
(F)
coordinate any mental health services provided
with
funds expended by the area agency on aging for part
B
with the mental health services provided by community
health
centers and by other public agencies and nonprofit
private
organizations; and
(G)
if there is a significant population of older individuals
who
are Indians in the planning and service area of
the
area agency on aging, the area agency on aging shall
conduct
outreach activities to identify such individuals in
such
area and shall inform such individuals of the availability
of
assistance under this Act;
(7)
provide that the area agency on aging will facilitate the
coordination
of community-based, long-term care services designed
to
enable older individuals to remain in their homes, by
means
including—
(A)
development of case management services as a
component
of the long-term care services, consistent with
the
requirements of paragraph (8);
(B)
involvement of long-term care providers in the coordination
of
such services; and
(C)
increasing community awareness of and involvement
in
addressing the needs of residents of long-term
care
facilities;
(8)
provide that case management services provided under
this
title through the area agency on aging will—
(A)
not duplicate case management services provided
through
other Federal and State programs;
(B)
be coordinated with services described in subparagraph
(A);
and
(C)
be provided by a public agency or a nonprofit private
agency
that—
(i)
gives each older individual seeking services
under
this title a list of agencies that provide similar
services
within the jurisdiction of the area agency on
aging;
42 Sec. 306
Older Americans Act OF 1965
(ii)
gives each individual described in clause (i) a
statement
specifying that the individual has a right to
make
an independent choice of service providers and
documents
receipt by such individual of such statement;
(iii)
has case managers acting as agents for the
individuals
receiving the services and not as promoters
for
the agency providing such services; or
(iv)
is located in a rural area and obtains a waiver
of
the requirements described in clauses (i) through
(iii);
(9)
provide assurances that the area agency on aging, in
carrying
out the State Long-Term Care Ombudsman program
under
Section 307(a)(9), will expend not less than the total
amount
of funds appropriated under this Act and expended by
the
agency in fiscal year 2000 in carrying out such a program
under
this title;
(10)
provide a grievance procedure for older individuals
who
are dissatisfied with or denied services under this title;
(11)
provide information and assurances concerning services
to
older individuals who are Native Americans (referred to
in
this paragraph as "older Native Americans"), including—
(A)
information concerning whether there is a significant
population
of older Native Americans in the planning
and
service area and if so, an assurance that the area
agency
on aging will pursue activities, including outreach,
to
increase access of those older Native Americans to programs
and
benefits provided under this title;
(B)
an assurance that the area agency on aging will,
to
the maximum extent practicable, coordinate the services
the
agency provides under this title with services provided
under
title VI; and
(C)
an assurance that the area agency on aging will
make
services under the area plan available, to the same
extent
as such services are available to older individuals
within
the planning and service area, to older Native
Americans;
and
(12)
provide that the area agency on aging will establish
procedures
for coordination of services with entities conducting
other
Federal or federally assisted programs for older individuals
at
the local level, with particular emphasis on entities
conducting
programs described in Section 203(b) within the
planning
and service area.
(13)
provide assurances that the area agency on aging
will—
(A)
maintain the integrity and public purpose of services
provided,
and service providers, under this title in all
contractual
and commercial relationships;
(B)
disclose to the Assistant Secretary and the State
agency—
(i)
the identity of each nongovernmental entity
with
which such agency has a contract or commercial
relationship
relating to providing any service to older
individuals;
and
43 Sec. 306
Older Americans Act OF 1965
Section
305(a)(13) of the Older Americans Act Amendments of 2000 (P.L. 106–501; 114
Stat.
2242) inserted paragraphs (14) and the
first paragraph designated as (15).
(ii)
the nature of such contract or such relationship;
(C)
demonstrate that a loss or diminution in the quantity
or
quality of the services provided, or to be provided,
under
this title by such agency has not resulted and will
not
result from such contract or such relationship;
(D)
demonstrate that the quantity or quality of the
services
to be provided under this title by such agency will
be
enhanced as a result of such contract or such relationship;
and
(E)
on the request of the Assistant Secretary or the
State,
for the purpose of monitoring compliance with this
Act
(including conducting an audit), disclose all sources
and
expenditures of funds such agency receives or expends
to
provide services to older individuals;
(14)
provide assurances that funds received under this title
will
not be used to pay any part of a cost (including an administrative
cost)
incurred by the area agency on aging to carry
out
a contract or commercial relationship that is not carried
out
to implement this title; and
(15)
provide
assurances that preference in receiving services
under
this title will not be given by the area agency on
aging
to particular older individuals as a result of a contract
or
commercial relationship that is not carried out to implement
this
title.
(15)
provide
assurances that funds received under this
title
will not be used to pay any part of a cost (including an
administrative
cost) incurred by the area agency on aging to
carry
out a contract or commercial relationship that is not carried
out
to implement this title;
(16)
provide
assurances that preference in receiving services
under
this title will not be given by the area agency on
aging
to particular older individuals as a result of a contract
or
commercial relationship that is not carried out to implement
this
title;
(b)
Each State, in approving area agency on aging plans under
this
Section, shall waive the requirement described in paragraph
(2)
of subSection (a) for any category of services described in such
paragraph
if the area agency on aging demonstrates to the State
agency
that services being furnished for such category in the area
are
sufficient to meet the need for such services in such area and
had
conducted a timely public hearing upon request.
(c)(1)
Subject to regulations prescribed by the Assistant Secretary,
an
area agency on aging designated under Section
305(a)(2)(A)
or, in areas of a State where no such agency has been
designated,
the State agency, may enter into agreement with agencies
administering
programs under the Rehabilitation Act of 1973,
and
titles XIX and XX of the Social Security Act for the purpose
of
developing and implementing plans for meeting the common
need
for transportation services of individuals receiving benefits
44 Sec. 307
Older Americans Act OF 1965
under
such Acts and older individuals participating in programs
authorized
by this title.
(2)
In accordance with an agreement entered into under paragraph
(1),
funds appropriated under this title may be used to purchase
transportation
services for older individuals and may be
pooled
with funds made available for the provision of transportation
services
under the Rehabilitation Act of 1973, and titles XIX
and
XX of the Social Security Act.
(d)
An area agency on aging may not require any provider of
legal
assistance under this title to reveal any information that is
protected
by the attorney-client privilege.
(e)(1)
If the head of a State agency finds that an area agency
on
aging has failed to comply with Federal or State laws, including
the
area plan requirements of this Section, regulations, or policies,
the
State may withhold a portion of the funds to the area agency
on
aging available under this title.
(2)(A)
The head of a State agency shall not make a final determination
withholding
funds under paragraph (1) without first affording
the
area agency on aging due process in accordance with
procedures
established by the State agency.
(B)
At a minimum, such procedures shall include procedures
for—
(i)
providing notice of an action to withhold funds;
(ii)
providing documentation of the need for such action;
and
(iii)
at the request of the area agency on aging, conducting
a
public hearing concerning the action.
(3)(A)
If a State agency withholds the funds, the State agency
may
use the funds withheld to directly administer programs under
this
title in the planning and service area served by the area
agency
on aging for a period not to exceed 180 days, except as provided
in
subparagraph (B).
(B)
If the State agency determines that the area agency on
aging
has not taken corrective action, or if the State agency does
not
approve the corrective action, during the 180-day period described
in
subparagraph (A), the State agency may extend the period
for
not more than 90 days.
(42 U.S.C. 3026)
STATE PLANS
Sec. 307. (a) Except
as provided in the succeeding sentence
and
Section 309(a), each State, in order to be eligible for grants
from
its allotment under this title for any fiscal year, shall submit
to
the Assistant Secretary a State plan for a two-, three-, or fouryear
period
determined by the State agency, with such annual revisions
as
are necessary, which meets such criteria as the Assistant
Secretary
may by regulation prescribe. If the Assistant Secretary
determines,
in the discretion of the Assistant Secretary, that a
State
failed in 2 successive years to comply with the requirements
under
this title, then the State shall submit to the Assistant Secretary
a
State plan for a 1-year period that meets such criteria, for
subsequent
years until the Assistant Secretary determines that the
45 Sec. 307
Older Americans Act OF 1965
State
is in compliance with such requirements. Each such plan
shall
comply with all of the following requirements:
(1)
The plan shall—
(A)
require each area agency on aging designated
under
Section 305(a)(2)(A) to develop and submit to the
State
agency for approval, in accordance with a uniform
format
developed by the State agency, an area plan meeting
the
requirements of Section 306; and
(B)
be based on such area plans.
(2)
The plan shall provide that the State agency will—
(A)
evaluate, using uniform procedures described in
Section
202(a)(29), the need for supportive services (including
legal
assistance pursuant to 307(a)(11), information
and
assistance, and transportation services), nutrition
services,
and multipurpose senior centers within the State;
(B)
develop a standardized process to determine the
extent
to which public or private programs and resources
(including
volunteers and programs and services of voluntary
organizations)
that have the capacity and actually
meet
such need; and
(C)
specify a minimum proportion of the funds received
by
each area agency on aging in the State to carry
out
part B that will be expended (in the absence of a
waiver
under Section 306(b) or 316) by such area agency
on
aging to provide each of the categories of services specified
in
Section 306(a)(2).
(3)
The plan shall—
(A)
include (and may not be approved unless the
Assistant
Secretary approves) the statement and demonstration
required
by paragraphs (2) and (4) of Section
305(d)
(concerning intrastate distribution of funds); and
(B)
with respect to services for older individuals residing
in
rural areas—
(i)
provide assurances that the State agency will
spend
for each fiscal year, not less than the amount
expended
for such services for fiscal year 2000;
(ii)
identify, for each fiscal year to which the plan
applies,
the projected costs of providing such services
(including
the cost of providing access to such services);
and
(iii)
describe the methods used to meet the needs
for
such services in the fiscal year preceding the first
year
to which such plan applies.
(4)
The plan shall provide that the State agency will conduct
periodic
evaluations of, and public hearings on, activities
and
projects carried out in the State under this title and title
VII,
including evaluations of the effectiveness of services provided
to
individuals with greatest economic need, greatest social
need,
or disabilities, with particular attention to low-income
minority
individuals and older individuals residing in
rural
areas.
(5)
The plan shall provide that the State agency will—
(A)
afford an opportunity for a hearing upon request,
in
accordance with published procedures, to any area
46 Sec. 307
Older Americans Act OF 1965
agency
on aging submitting a plan under this title, to any
provider
of (or applicant to provide) services;
(B)
issue guidelines applicable to grievance procedures
required
by Section 306(a)(10); and
(C)
afford an opportunity for a public hearing, upon request,
by
any area agency on aging, by any provider of (or
applicant
to provide) services, or by any recipient of services
under
this title regarding any waiver request, including
those
under Section 316.
(6)
The plan shall provide that the State agency will make
such
reports, in such form, and containing such information, as
the
Assistant Secretary may require, and comply with such
requirements
as the Assistant Secretary may impose to insure
the
correctness of such reports.
(7)(A)
The plan shall provide satisfactory assurance that
such
fiscal control and fund accounting procedures will be
adopted
as may be necessary to assure proper disbursement of,
and
accounting for, Federal funds paid under this title to the
State,
including any such funds paid to the recipients of a
grant
or contract.
(B)
The plan shall provide assurances that—
(i)
no individual (appointed or otherwise) involved in
the
designation of the State agency or an area agency on
aging,
or in the designation of the head of any subdivision
of
the State agency or of an area agency on aging, is subject
to
a conflict of interest prohibited under this Act;
(ii)
no officer, employee, or other representative of the
State
agency or an area agency on aging is subject to a
conflict
of interest prohibited under this Act; and
(iii)
mechanisms are in place to identify and remove
conflicts
of interest prohibited under this Act.
(8)(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 in the State,
unless,
in the judgment of the State agency—
(i)
provision of such services by the State agency or
the
area agency on aging is necessary to assure an adequate
supply
of such services;
(ii)
such services are directly related to such State
agency’s
or area agency on aging’s administrative functions;
or
(iii)
such services can be provided more economically,
and
with comparable quality, by such State agency or area
agency
on aging.
(B)
Regarding case management services, if the State
agency
or area agency on aging is already providing case management
services
(as of the date of submission of the plan)
under
a State program, the plan may specify that such agency
is
allowed to continue to provide case management services.
(C)
The plan may specify that an area agency on aging is
allowed
to directly provide information and assistance services
and
outreach.
(9)
The plan shall provide assurances that the State
agency
will carry out, through the Office of the State Long-
47 Sec. 307
Older Americans Act OF 1965
Term
Care Ombudsman, a State Long-Term Care Ombudsman
program
in accordance with Section 712 and this title, and will
expend
for such purpose an amount that is not less than an
amount
expended by the State agency with funds received
under
this title for fiscal year 2000, and an amount that is not
less
than the amount expended by the State agency with funds
received
under title VII for fiscal year 2000.
(10)
The plan shall provide assurances that the special
needs
of older individuals residing in rural areas will be taken
into
consideration and shall describe how those needs have
been
met and describe how funds have been allocated to meet
those
needs.
(11)
The plan shall provide that with respect to legal
assistance—
(A)
the plan contains assurances that area agencies on
aging
will (i) enter into contracts with providers of legal
assistance
which can demonstrate the experience or capacity
to
deliver legal assistance; (ii) include in any such contract
provisions
to assure that any recipient of funds under
division
(i) will be subject to specific restrictions and regulations
promulgated
under the Legal Services Corporation
Act
(other than restrictions and regulations governing eligibility
for
legal assistance under such Act and governing
membership
of local governing boards) as determined
appropriate
by the Assistant Secretary; and (iii) attempt to
involve
the private bar in legal assistance activities
authorized
under this title, including groups within the
private
bar furnishing services to older individuals on a
pro
bono and reduced fee basis;
(B)
the plan contains assurances that no legal assistance
will
be furnished unless the grantee administers a
program
designed to provide legal assistance to older individuals
with
social or economic need and has agreed, if the
grantee
is not a Legal Services Corporation project
grantee,
to coordinate its services with existing Legal Services
Corporation
projects in the planning and service area
in
order to concentrate the use of funds provided under
this
title on individuals with the greatest such need; and
the
area agency on aging makes a finding, after assessment,
pursuant
to standards for service promulgated by
the
Assistant Secretary, that any grantee selected is the
entity
best able to provide the particular services;
(C)
the State agency will provide for the coordination
of
the furnishing of legal assistance to older individuals
within
the State, and provide advice and technical assistance
in
the provision of legal assistance to older individuals
within
the State and support the furnishing of training
and
technical assistance for legal assistance for older
individuals;
(D)
the plan contains assurances, to the extent practicable,
that
legal assistance furnished under the plan will
be
in addition to any legal assistance for older individuals
being
furnished with funds from sources other than this
48 Sec. 307
Older Americans Act OF 1965
Act
and that reasonable efforts will be made to maintain
existing
levels of legal assistance for older individuals; and
(E)
the plan contains assurances that area agencies on
aging
will give priority to legal assistance related to income,
health
care, long-term care, nutrition, housing, utilities,
protective
services, defense of guardianship, abuse,
neglect,
and age discrimination.
(12)
The plan shall provide, whenever the State desires to
provide
for a fiscal year for services for the prevention of abuse
of
older individuals—
(A)
the plan contains assurances that any area agency
on
aging carrying out such services will conduct a program
consistent
with relevant State law and coordinated with
existing
State adult protective service activities for—
(i)
public education to identify and prevent abuse
of
older individuals;
(ii)
receipt of reports of abuse of older individuals;
(iii)
active participation of older individuals participating
in
programs under this Act through outreach,
conferences,
and referral of such individuals to
other
social service agencies or sources of assistance
where
appropriate and consented to by the parties to
be
referred; and
(iv)
referral of complaints to law enforcement or
public
protective service agencies where appropriate;
(B)
the State will not permit involuntary or coerced
participation
in the program of services described in this
paragraph
by alleged victims, abusers, or their households;
and
(C)
all information gathered in the course of receiving
reports
and making referrals shall remain confidential unless
all
parties to the complaint consent in writing to the
release
of such information, except that such information
may
be released to a law enforcement or public protective
service
agency.
(13)
The plan shall provide assurances that each State will
assign
personnel (one of whom shall be known as a legal
assistance
developer) to provide State leadership in developing
legal
assistance programs for older individuals throughout the
State.
(14)
The plan shall provide assurances that, if a substantial
number
of the older individuals residing in any planning
and
service area in the State are of limited English-speaking
ability,
then the State will require the area agency on aging for
each
such planning and service area—
(A)
to utilize in the delivery of outreach services under
Section
306(a)(2)(A), the services of workers who are fluent
in
the language spoken by a predominant number of such
older
individuals who are of limited English-speaking ability;
and
(B)
to designate an individual employed by the area
agency
on aging, or available to such area agency on aging
on
a full-time basis, whose responsibilities will include—
49 Sec. 307
Older Americans Act OF 1965
(i)
taking such action as may be appropriate to assure
that
counseling assistance is made available to
such
older individuals who are of limited Englishspeaking
ability
in order to assist such older individuals
in
participating in programs and receiving assistance
under
this Act; and
(ii)
providing guidance to individuals engaged in
the
delivery of supportive services under the area plan
involved
to enable such individuals to be aware of cultural
sensitivities
and to take into account effectively
linguistic
and cultural differences.
(15)
The plan shall, with respect to the fiscal year preceding
the
fiscal year for which such plan is prepared—
(A)
identify the number of low-income minority older
individuals
in the State; and
(B)
describe the methods used to satisfy the service
needs
of such minority older individuals.
(16)
The plan shall provide assurances that the State
agency
will require outreach efforts that will—
(A)
identify individuals eligible for assistance under
this
Act, with special emphasis on—
(i)
older individuals residing in rural areas;
(ii)
older individuals with greatest economic need
(with
particular attention to low-income minority individuals
and
older individuals residing in rural areas);
(iii)
older individuals with greatest social need
(with
particular attention to low-income minority individuals
and
older individuals residing in rural areas);
(iv)
older individuals with severe disabilities;
(v)
older individuals with limited English-speaking
ability;
and
(vi)
older individuals with Alzheimer’s disease or
related
disorders with neurological and organic brain
dysfunction
(and the caretakers of such individuals);
and
(B)
inform the older individuals referred to in clauses
(i)
through (vi) of subparagraph (A), and the caretakers of
such
individuals, of the availability of such assistance.
(17)
The plan shall provide, with respect to the needs of
older
individuals with severe disabilities, assurances that the
State
will coordinate planning, identification, assessment of
needs,
and service for older individuals with disabilities with
particular
attention to individuals with severe disabilities with
the
State agencies with primary responsibility for individuals
with
disabilities, including severe disabilities, to enhance services
and
develop collaborative programs, where appropriate, to
meet
the needs of older individuals with disabilities.
(18)
The plan shall provide assurances that area agencies
on
aging will conduct efforts to facilitate the coordination of
community-based,
long-term care services, pursuant to Section
306(a)(7),
for older individuals who—
(A)
reside at home and are at risk of institutionalization
because
of limitations on their ability to function independently;
50 Sec. 307
Older Americans Act OF 1965
(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.
(19)
The plan shall include the assurances and description
required
by Section 705(a).
(20)
The plan shall provide assurances that special efforts
will
be made to provide technical assistance to minority providers
of
services.
(21)
The plan shall—
(A)
provide an assurance that the State agency will coordinate
programs
under this title and programs under
title
VI, if applicable; and
(B)
provide an assurance that the State agency will
pursue
activities to increase access by older individuals
who
are Native Americans to all aging programs and benefits
provided
by the agency, including programs and benefits
provided
under this title, if applicable, and specify the
ways
in which the State agency intends to implement the
activities.
(22)
If case management services are offered to provide access
to
supportive services, the plan shall provide that the
State
agency shall ensure compliance with the requirements
specified
in Section 306(a)(8).
(23)
The plan shall provide assurances that demonstrable
efforts
will be made—
(A)
to coordinate services provided under this Act with
other
State services that benefit older individuals; and
(B)
to provide multigenerational activities, such as
opportunities
for older individuals to serve as mentors or
advisers
in child care, youth day care, educational assistance,
at-risk
youth intervention, juvenile delinquency
treatment,
and family support programs.
(24)
The plan shall provide assurances that the State will
coordinate
public services within the State to assist older individuals
to
obtain transportation services associated with access
to
services provided under this title, to services under title VI,
to
comprehensive counseling services, and to legal assistance.
(25)
The plan shall include assurances that the State has
in
effect a mechanism to provide for quality in the provision of
in-home
services under this title.
(26)
The plan shall provide assurances that funds received
under
this title will not be used to pay any part of a cost (including
an
administrative cost) incurred by the State agency or
an
area agency on aging to carry out a contract or commercial
relationship
that is not carried out to implement this title.
(b)(1)
The Assistant Secretary shall approve any State plan
which
the Assistant Secretary finds fulfills the requirements of
subSection
(a), except the Assistant Secretary may not approve
such
plan unless the Assistant Secretary determines that the formula
submitted
under Section 305(a)(2)(D) complies with the guidelines
in
effect under Section 305(a)(2)(C).
51 Sec. 307
Older Americans Act OF 1965
(2)
The Assistant Secretary, in approving any State plan under
this
Section, may waive the requirement described in paragraph
(3)(B)
of subSection (a) if the State agency demonstrates to the
Assistant
Secretary that the service needs of older individuals residing
in
rural areas in the State are being met, or that the number
of
older individuals residing in such rural areas is not sufficient
to
require the State agency to comply with such requirement.
(c)(1)
The Assistant Secretary shall not make a final determination
disapproving
any State plan, or any modification thereof,
or
make a final determination that a State is ineligible under Section
305,
without first affording the State reasonable notice and
opportunity
for a hearing.
(2)
Not later than 30 days after such final determination, a
State
dissatisfied with such final determination may appeal such
final
determination to the Secretary for review. If the State timely
appeals
such final determination in accordance with subSection
(e)(1),
the Secretary shall dismiss the appeal filed under this
paragraph.
(3)
If the State is dissatisfied with the decision of the Secretary
after
review under paragraph (2), the State may appeal such decision
not
later than 30 days after such decision and in the manner
described
in subSection (e). For purposes of appellate review under
the
preceding sentence, a reference in subSection (e) to the Assistant
Secretary
shall be deemed to be a reference to the Secretary.
(d)
Whenever the Assistant Secretary, after reasonable notice
and
opportunity for a hearing to the State agency, finds that—
(1)
the State is not eligible under Section 305,
(2)
the State plan has been so changed that it no longer
complies
substantially with the provisions of subSection (a), or
(3)
in the administration of the plan there is a failure to
comply
substantially with any such provision of subSection (a),
the
Assistant Secretary shall notify such State agency that no further
payments
from its allotments under Section 304 and Section
308
will be made to the State (or, in the Assistant Secretary’s discretion,
that
further payments to the State will be limited to
projects
under or portions of the State plan not affected by such
failure),
until the Assistant Secretary is satisfied that there will no
longer
be any failure to comply. Until the Assistant Secretary is so
satisfied,
no further payments shall be made to such State from its
allotments
under Section 304 and Section 308 (or payments shall be
limited
to projects under or portions of the State plan not affected
by
such failure). The Assistant Secretary shall, in accordance with
regulations
the Assistant Secretary shall prescribe, disburse the
funds
so withheld directly to any public or nonprofit private organization
or
agency or political subdivision of such State submitting
an
approved plan in accordance with the provisions of this Section.
Any
such payment shall be matched in the proportions specified in
Section
304.
(e)(1)
A State which is dissatisfied with a final action of the
Assistant
Secretary under subSection (b), (c), or (d) may appeal to
the
United States court of appeals for the circuit in which the State
is
located, by filing a petition with such court within 30 days after
such
final action. A copy of the petition shall be forthwith transmitted
by
the clerk of the court to the Assistant Secretary, or any
52 Sec. 308
Older Americans Act OF 1965
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)
Neither a State, nor a State agency, may require any provider
of
legal assistance under this title to reveal any information
that
is protected by the attorney-client privilege.
(42 U.S.C. 3027)
PLANNING, COORDINATION, EVALUATION, AND
ADMINISTRATION OF
STATE PLANS
Sec. 308. (a)(1)
Amounts available to States under subSection
(b)(1)
may be used to make grants to States for paying such percentages
as
each State agency determines, but not more than 75
percent,
of the cost of the administration of its State plan, including
the
preparation of the State plan, the evaluation of activities
carried
out under such plan, the collection of data and the carrying
out
of analyses related to the need for supportive services, nutrition
services,
and multipurpose senior centers within the State, and dissemination
of
information so obtained, the provision of short-term
training
to personnel of public or nonprofit private agencies and
organizations
engaged in the operation of programs authorized by
this
Act, and the carrying out of demonstration projects of statewide
significance
relating to the initiation, expansion, or improvement
of
services assisted under this title.
(2)
Any sums available to a State under subSection (b)(1) for
part
of the cost of the administration of its State plan which the
State
determines is not needed for such purposes may be used by
the
State to supplement the amount available under Section
304(d)(1)(A)
to cover part of the cost of the administration of area
plans.
(3)
Any State which has been designated a single planning and
service
area under Section 305(a)(1)(E) covering all, or substantially
all,
of the older individuals in such State, as determined by the
53 Sec. 308
Older Americans Act OF 1965
Assistant
Secretary, may elect to pay part of the costs of the
administration
of State and area plans either out of sums received
under
this Section or out of sums made available for the administration
of
area plans under Section 304(d)(1)(A), but shall not pay
such
costs out of sums received or allotted under both such Sections.
(b)(1)
If for any fiscal year the aggregate amount appropriated
under
Section 303 does not exceed $800,000,000, then—
(A)
except as provided in clause (ii), the greater of 5 percent
of
the allotment to a State under Section 304(a)(1) or
$300,000;
and
(B)
in the case of Guam, American Samoa, the United
States
Virgin Islands, the Trust Territory of the Pacific Islands,
and
the Commonwealth of the Northern Mariana Islands,
the
greater of 5 percent of such allotment or $75,000;
shall
be available to such State to carry out the purposes of this
Section.
(2)
If for any fiscal year the aggregate amount appropriated
under
Section 303 exceeds $800,000,000, then—
(A)
except as provided in clause (ii), the greater of 5 percent
of
the allotment to a State under Section 304(a)(1) or
$500,000;
and
(B)
in the case of Guam, American Samoa, the United
States
Virgin Islands, the Trust Territory of the Pacific Islands,
and
the Commonwealth of the Northern Mariana Islands,
the
greater of 5 percent of such allotment or $100,000;
shall
be available to such State to carry out the purposes of this
Section.
(3)(A)
If the aggregate amount appropriated under Section 303
for
a fiscal year does not exceed $800,000,000, then any State
which
desires to receive amounts, in addition to amounts allotted
to
such State under paragraph (1), to be used in the administration
of
its State plan in accordance with subSection (a) may transmit an
application
to the Assistant Secretary in accordance with this paragraph.
Any
such application shall be transmitted in such form, and
according
to such procedures, as the Assistant Secretary may require,
except
that such application may not be made as part of, or
as
an amendment to, the State plan.
(B)
The Assistant Secretary may approve any application
transmitted
by a State under subparagraph (A) if the Assistant
Secretary
determines, based upon a particularized showing of need
that—
(i)
the State will be unable to fully and effectively administer
its
State plan and to carry out programs and projects
authorized
by this title unless such additional amounts are
made
available by the Assistant Secretary;
(ii)
the State is making full and effective use of its allotment
under
paragraph (1) and of the personnel of the State
agency
and area agencies designated under Section 305(a)(2)(A)
in
the administration of its State plan in accordance with subSection
(a);
and
(iii)
the State agency and area agencies on aging of such
State
are carrying out, on a full-time basis, programs and
activities
which are in furtherance of the objectives of this Act.
54 Sec. 308
Older Americans Act OF 1965
Section
307(1)(A)(i) of the Older Americans Act Amendments of 2000 (P.L. 106–501; 114
Stat. 2245) amends this subparagraph by
striking "in its plan under Section 307(a)(13) regarding
Part C of this title," The amendment could
not be executed because of an incorrect reference
to text.
(C)
The Assistant Secretary may approve that portion of the
amount
requested by a State in its application under subparagraph
(A)
which the Assistant Secretary determines has been justified in
such
application.
(D)
Amounts which any State may receive in any fiscal year
under
this paragraph may not exceed three-fourths of 1 percent of
the
sum of the amounts allotted under Section 304(a) to such State
to
carry out the State plan for such fiscal year.
(E)
No application by a State under subparagraph (A) shall be
approved
unless it contains assurances that no amounts received
by
the State under this paragraph will be used to hire any individual
to
fill a job opening created by the action of the State in laying
off
or terminating the employment of any regular employee not
supported
under this Act in anticipation of filling the vacancy so
created
by hiring an employee to be supported through use of
amounts
received under this paragraph.
(4)(A)
Notwithstanding any other provision of this title and except
as
provided in subparagraph (B), with respect to funds received
by
a State and attributable to funds appropriated under
paragraph
(1) or (2) of Section 303(b), the State may elect in its
plan
under Section 307(a)(13) regarding part C of this title,
to
transfer
not more than 40 percent of the funds so received between
subpart
1 and subpart 2 of part C, for use as the State considers
appropriate
to meet the needs of the area served. The Assistant
Secretary
shall approve any such transfer unless the Assistant Secretary
determines
that such transfer is not consistent with the
objectives
of this Act.
(B)
If a State demonstrates, to the satisfaction of the Assistant
Secretary,
that funds received by the State and attributable to
funds
appropriated under paragraph (1) or (2) of Section 303(b), including
funds
transferred under subparagraph (A) without regard
to
this subparagraph, for any fiscal year are insufficient to satisfy
the
need for services under subpart 1 or subpart 2 of part C, then
the
Assistant Secretary may grant a waiver that permits the State
to
transfer under subparagraph (A) to satisfy such need an additional
10
percent of the funds so received by a State and attributable
to
funds appropriated under paragraph (1) or (2) of Section
303(b).
(C)
A State’s request for a waiver under subparagraph (B)
shall—
(i)
be not more than one page in length;
(ii)
include a request that the waiver be granted;
(iii)
specify the amount of the funds received by a State
and
attributable to funds appropriated under paragraph (1) or
(2)
of Section 303(b), over the permissible 40 percent referred
to
in subparagraph (A), that the State requires to satisfy the
need
for services under subpart 1 or 2 of part C; and
(iv)
not include a request for a waiver with respect to an
amount
if the transfer of the amount would jeopardize the
55 Sec. 309
Older Americans Act OF 1965
appropriate
provision of services under subpart 1 or 2 of part
C.
(5)(A)
Notwithstanding any other provision of this title, of the
funds
received by a State attributable to funds appropriated under
subSection
(a)(1), and paragraphs (1) and (2) of subSection (b), of
Section
303, the State may elect to transfer not more than 30 percent
for
any fiscal year between programs under part B and part
C,
for use as the State considers appropriate. The State shall notify
the
Assistant Secretary of any such election.
(B)
At a minimum, the notification described in subparagraph
(A)
shall include a description of the amount to be transferred, the
purposes
of the transfer, the need for the transfer, and the impact
of
the transfer on the provision of services from which the funding
will
be transferred.
(6)
A State agency may not delegate to an area agency on
aging
or any other entity the authority to make a transfer under
paragraph
(4)(A) or (5)(A).
(7)
The Assistant Secretary shall annually collect, and include
in
the report required by Section 207(a), data regarding the transfers
described
in paragraphs (4)(A) and (5)(A), including—
(A)
the amount of funds involved in the transfers, analyzed
by
State;
(B)
the rationales for the transfers;
(C)
in the case of transfers described in paragraphs (4)(A)
and
(5)(A), the effect of the transfers of the provision of services,
including
the effect on the number of meals served,
under—
(i)
subpart 1 of part C; and
(ii)
subpart 2 of part C; and
(D)
in the case of transfers described in paragraph (5)(A)—
(i)
in the case of transfers to part B, information on
the
supportive services, or services provided through senior
centers,
for which the transfers were used; and
(ii)
the effect of the transfers on the provision of services
provided
under—
(I)
part B; and
(II)
part C, including the effect on the number of
meals
served.
(c)
The amounts of any State’s allotment under subSection (b)
for
any fiscal year which the Assistant Secretary determines will
not
be required for that year for the purposes described in subSection
(a)(1)
shall be available to provide services under part B or
part
C, or both, in the State.
(42 U.S.C. 3028)
PAYMENTS
Sec. 309. (a) Payments
of grants or contracts under this title
may
be made (after necessary adjustments resulting from previously
made
overpayments or underpayments) in advance or by
way
of reimbursement, and in such installments, as the Assistant
Secretary
may determine. From a State’s allotment for a fiscal year
which
is available under Section 308 the Assistant Secretary may
pay
to a State which does not have a State plan approved under
56 Sec. 310
Older Americans Act OF 1965
Section
307 such amounts as the Assistant Secretary deems appropriate
for
the purpose of assisting such State in developing a State
plan.
(b)(1)
For each fiscal year, not less than 25 percent of the non-
Federal
share of the total expenditures under the State plan which
is
required by Section 304(d) shall be met from funds from State
or
local public sources.
(2)
Funds required to meet the non-Federal share required by
Section
304(d)(1)(D), in amounts exceeding the non-Federal share
required
prior to fiscal year 1981, shall be from State sources.
(c)
A State’s allotment under Section 304 for a fiscal year shall
be
reduced by the percentage (if any) by which its expenditures for
such
year from State sources under its State plan approved under
Section
307 are less than its average annual expenditures from
such
sources for the period of 3 fiscal years preceding such year.
(42 U.S.C. 3029)
DISASTER RELIEF REIMBURSEMENTS
Sec. 310. (a)(1) The
Assistant Secretary may provide reimbursements
to
any State (or to any tribal organization receiving a
grant
under title VI), upon application for such reimbursement, for
funds
such State makes available to area agencies on aging in such
State
(or funds used by such tribal organization) 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 such tribal organizations
under
paragraph (1) in any fiscal year shall not exceed 2 percent
of
the total amount appropriated and available to carry out title IV.
(3)
If the Assistant Secretary decides, in the 5-day period
beginning
on the date such disaster is declared by the President,
to
provide an amount of reimbursement under paragraph (1) to a
State
or such tribal organization, then the Assistant Secretary
shall
provide not less than 75 percent of such amount to such State
or
such 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 such tribal organizations
under
subSection (a), an amount equal to 2 percent of the
total
amount appropriated and available to carry out title IV.
(2)
Amounts set aside under paragraph (1) which are not obligated
by
the end of the third quarter of any fiscal year shall be
made
available to carry out title IV.
(c)
Nothing in this Section shall be construed to prohibit
expenditures
by States and such 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.
(42 U.S.C. 3030)
57 Sec. 311
Older Americans Act OF 1965
Error in the
amendment made by Section 309(5) of the Older Americans Act Amendments
of 2000 (P.L. 106–501; 114 Stat. 2247).
NUTRITION SERVICES INCENTIVE PROGRAM
Sec. 311. (a) The
purpose of this Section is to provide incentives
to
encourage and reward effective performance by States and
tribal
organizations in the efficient delivery of nutritious meals to
older
individuals.
(b)(1)
The Secretary of Agriculture shall allot and provide in
the
form of cash or commodities or a combination thereof (at the
discretion
of the State) to each State agency with a plan approved
under
this title for a fiscal year, and to each grantee with an application
approved
under title VI 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 title VI grantee, under such application
approved
for such preceding fiscal year), bears to the total
number
of such meals served in all States and by all title VI grantees
under
all such plans and applications approved for such preceding
fiscal
year.
(2)
For purposes of paragraph (1), in the case of a grantee that
has
an application approved under title VI 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 title VI grantee for the
preceding
fiscal year shall be deemed to equal the number of meals
that
the Assistant Secretary estimates will be served by the title
VI
grantee in the fiscal year for which the application was approved.
(c)(1)
Agricultural commodities and products purchased by the
Secretary
of Agriculture under Section 32 of the Act of August 24,
1935
(7 U.S.C. 612c), shall be donated to a recipient of a grant or
contract
to be used for providing nutrition services in accordance
with
the provisions of this title.
(2)
The Commodities Credit Corporation shall dispose of food
commodities
under Section 416 of the Agricultural Act of 1949 (7
U.S.C.
1431) by donating them to a recipient of a grant or contract
to
be used for providing nutrition services in accordance with the
provisions
of this title.
(3)
Dairy products purchased by the Secretary of Agriculture
under
Section 709 of the Food and Agriculture Act of 1965 (7 U.S.C.
1446a–1)
shall be used to meet the requirements of programs providing
nutrition
services in accordance with the provisions of this
title.
(d)(1)
In any case in which a State elects to receive cash payments,,
1 the Secretary of Agriculture shall make
cash payments to
such
State in an amount equivalent in value to the donated foods
which
the State otherwise would have received if such State had
retained
its commodity distribution.
(2)
When such payments are made, the State agency shall
promptly
and equitably disburse any cash it receives in lieu of commodities
to
recipients of grants or contracts. Such disbursements
shall
only be used by such recipients of grants or contracts to pur-
58 Sec. 312
Older Americans Act OF 1965
chase
United States agricultural commodities and other foods for
their
nutrition projects.
(3)
Nothing in this subSection shall be construed to authorize
the
Secretary of Agriculture to require any State to elect to receive
cash
payments under this subSection.
(4)
Among the commodities delivered under subSection (c), the
Secretary
of Agriculture shall give special emphasis to high protein
foods.
The Secretary of Agriculture, in consultation with the Assistant
Secretary,
is authorized to prescribe the terms and conditions
respecting
the donating of commodities under this subSection.
(e)
There are authorized to be appropriated to carry out this
Section
(other than subSection (c)(1)) such sums as may be necessary
for
fiscal year 2001 and such sums as may be necessary for
each
of the 4 succeeding fiscal years.
(f)
In each fiscal year, the Secretary of Agriculture and the Secretary
of
Health and Human Services shall jointly disseminate to
State
agencies, area agencies on aging, and providers of nutrition
services
assisted under this title, information concerning—
(1)
the existence of any Federal commodity processing program
in
which such State agencies, area agencies on aging,
and
providers may be eligible to participate; and
(2)
the procedures to be followed to participate in the program.
(42 U.S.C. 3030a)
MULTIPURPOSE SENIOR CENTERS: RECAPTURE
OF PAYMENTS
Sec. 312. If, within
10 years after acquisition, or within 20
years
after the completion of construction, of any facility for which
funds
have been paid under this title—
(1)
the owner of the facility ceases to be a public or nonprofit
private
agency or organization; or
(2)
the facility ceases to be used for the purposes for which
it
was acquired (unless the Assistant Secretary determines, in
accordance
with regulations, that there is good cause for releasing
the
applicant or other owner from the obligation to do
so);
the
United States shall be entitled to recover from the applicant or
other
owner of the facility an amount which bears to the then value
of
the facility (or so much thereof as constituted an approved
project
or projects) the same ratio as the amount of such Federal
funds
bore to the cost of the facility financed with the aid of such
59 Sec. 315
Older Americans Act OF 1965
funds.
Such value shall be determined by agreement of the parties
or
by action brought in the United States district court for the district
in
which such facility is situated.
(42 U.S.C. 3030b)
AUDIT
Sec. 313. (a) The
Assistant Secretary and the Comptroller
General
of the United States or any of their duly authorized representatives
shall
have access for the purpose of audit and examination
to
any books, documents, papers, and records that are pertinent
to
a grant or contract received under this title.
(b)
State agencies and area agencies on aging shall not request
information
or data from providers which is not pertinent to services
furnished
pursuant to this Act or a payment made for such
services.
(42 U.S.C. 3030c)
Sec.
314. RIGHTS RELATING TO IN-HOME SERVICES FOR FRAIL
OLDER
INDIVIDUALS.
The
Assistant Secretary shall require entities that provide inhome
services
under this title to promote the rights of each older
individual
who receives such services. Such rights include the following:
(1)
The right—
(A)
to be fully informed in advance about each in-home
service
provided by such entity under this title and about
any
change in such service that may affect the well-being
of
such individual; and
(B)
to participate in planning and changing an inhome
service
provided under this title by such entity unless
such
individual is judicially adjudged incompetent.
(2)
The right to voice a grievance with respect to such
service
that is or fails to be so provided, without discrimination
or
reprisal as a result of voicing such grievance.
(3)
The right to confidentiality of records relating to such
individual.
(4)
The right to have the property of such individual
treated
with respect.
(5)
The right to be fully informed (orally and in writing),
in
advance of receiving an in-home service under this title, of
such
individual’s rights and obligations under this title.
(42 U.S.C. 3030c–1)
Sec.
315. CONSUMER CONTRIBUTIONS.
(a)
COST SHARING.—
(1)
IN GENERAL.—Except as provided in paragraphs (2) and
(3),
a State is permitted to implement cost sharing for all services
funded
by this Act by recipients of the services.
(2)
EXCEPTION.—The State is not permitted to implement
the
cost sharing described in paragraph (1) for the following
services:
(A)
Information and assistance, outreach, benefits
counseling,
or case management services.
60 Sec. 315
Older Americans Act OF 1965
(B)
Ombudsman, elder abuse prevention, legal assistance,
or
other consumer protection services.
(C)
Congregate and home delivered meals.
(D)
Any services delivered through tribal organizations.
(3)
PROHIBITIONS.—A State or tribal organization shall not
permit
the cost sharing described in paragraph (1) for any
services
delivered through tribal organizations. A State shall
not
permit cost sharing by a low-income older individual if the
income
of such individual is at or below the Federal poverty
line.
A State may exclude from cost sharing low-income individuals
whose
incomes are above the Federal poverty line. A
State
shall not consider any assets, savings, or other property
owned
by older individuals when defining low-income individuals
who
are exempt from cost sharing, when creating a sliding
scale
for the cost sharing, or when seeking contributions from
any
older individual.
(4)
PAYMENT RATES.—If a State permits the cost sharing
described
in paragraph (1), such State shall establish a sliding
scale,
based solely on individual income and the cost of delivering
services.
(5)
REQUIREMENTS.—If a State permits the cost sharing
described
in
paragraph (1), such State shall require each area
agency
on aging in the State to ensure that each service provider
involved,
and the area agency on aging, will—
(A)
protect the privacy and confidentiality of each
older
individual with respect to the declaration or nondeclaration
of
individual income and to any share of costs
paid
or unpaid by an individual;
(B)
establish appropriate procedures to safeguard and
account
for cost share payments;
(C)
use each collected cost share payment to expand
the
service for which such payment was given;
(D)
not consider assets, savings, or other property
owned
by an older individual in determining whether cost
sharing
is permitted;
(E)
not deny any service for which funds are received
under
this Act for an older individual due to the income
of
such individual or such individual’s failure to make a
cost
sharing payment;
(F)
determine the eligibility of older individuals to cost
share
solely by a confidential declaration of income and
with
no requirement for verification; and
(G)
widely distribute State created written materials
in
languages reflecting the reading abilities of older individuals
that
describe the criteria for cost sharing, the
State’s
sliding scale, and the mandate described under
subparagraph
(E).
(6)
WAIVER.—An area agency on aging may request a
waiver
to the State’s cost sharing policies, and the State shall
approve
such a waiver if the area agency on aging can adequately
demonstrate
that—
(A)
a significant proportion of persons receiving services
under
this Act subject to cost sharing in the planning
61 Sec. 315
Older Americans Act OF 1965
and
service area have incomes below the threshold established
in
State policy; or
(B)
cost sharing would be an unreasonable administrative
or
financial burden upon the area agency on aging.
(b)
VOLUNTARY CONTRIBUTIONS.—
(1)
IN GENERAL.—Voluntary contributions shall be allowed
and
may be solicited for all services for which funds are received
under
this Act provided that the method of solicitation
is
noncoercive.
(2)
LOCAL DECISION.—The area agency on aging shall consult
with
the relevant service providers and older individuals
in
agency’s planning and service area in a State to determine
the
best method for accepting voluntary contributions under
this
subSection.
(3)
PROHIBITED ACTS.—The area agency on aging and service
providers
shall not means test for any service for which
contributions
are accepted or deny services to any individual
who
does not contribute to the cost of the service.
(4)
REQUIRED ACTS.—The area agency on aging shall ensure
that
each service provider will—
(A)
provide each recipient with an opportunity to voluntarily
contribute
to the cost of the service;
(B)
clearly inform each recipient that there is no obligation
to
contribute and that the contribution is purely
voluntary;
(C)
protect the privacy and confidentiality of each recipient
with
respect to the recipient’s contribution or lack
of
contribution;
(D)
establish appropriate procedures to safeguard and
account
for all contributions; and
(E)
use all collected contributions to expand the service
for
which the contributions were given.
(c)
PARTICIPATION.—
(1)
IN GENERAL.—The State and area agencies on aging, in
conducting
public hearings on State and area plans, shall solicit
the
views of older individuals, providers, and other stakeholders
on
implementation of cost-sharing in the service area
or
the State.
(2)
PLANS.—Prior to the implementation of cost sharing
under
subSection (a), each State and area agency on aging
shall
develop plans that are designed to ensure that the participation
of
low-income older individuals (with particular
attention
to low-income minority individuals and older individuals
residing
in rural areas) receiving services will not decrease
with
the implementation of the cost sharing under such
subSection.
(d)
EVALUATION.—Not later than 1 year after the date of
the
enactment
of the Older Americans Act Amendments of 2000, and
annually
thereafter, the Assistant Secretary shall conduct a comprehensive
evaluation
of practices for cost sharing to determine its
impact
on participation rates with particular attention to low-income
and
minority older individuals and older individuals residing
in
rural areas. If the Assistant Secretary finds that there is a disparate
impact
upon low-income or minority older individuals or
62 Sec. 316
Older Americans Act OF 1965
older
individuals residing in rural areas in any State or region
within
the State regarding the provision of services, the Assistant
Secretary
shall take corrective action to assure that such services
are
provided to all older individuals without regard to the cost
sharing
criteria.
(42 U.S.C. 3030c–2)
Sec.
316. WAIVERS.
(a)
IN GENERAL.—The Assistant Secretary may waive
any of
the
provisions specified in subSection (b) with respect to a State,
upon
receiving an application by the State agency containing or
accompanied
by documentation sufficient to establish, to the satisfaction
of
the Assistant Secretary, that—
(1)
approval of the State legislature has been obtained or
is
not required with respect to the proposal for which waiver
is
sought;
(2)
the State agency has collaborated with the area agencies
on
aging in the State and other organizations that would
be
affected with respect to the proposal for which waiver is
sought;
(3)
the proposal has been made available for public review
and
comment, including the opportunity for a public hearing
upon
request, within the State (and a summary of all of the
comments
received has been included in the application); and
(4)
the State agency has given adequate consideration to
the
probable positive and negative consequences of approval of
the
waiver application, and the probable benefits for older individuals
can
reasonably be expected to outweigh any negative
consequences,
or particular circumstances in the State otherwise
justify
the waiver.
(b)
REQUIREMENTS SUBJECT TO WAIVER.—The provisions of
this
title
that may be waived under this Section are—
(1)
any provision of Sections 305, 306, and 307 requiring
statewide
uniformity of programs carried out under this title,
to
the extent necessary to permit demonstrations, in limited
areas
of a State, of innovative approaches to assist older individuals;
(2)
any area plan requirement described in Section 306(a)
if
granting the waiver will promote innovations or improve
service
delivery and will not diminish services already provided
under
this Act;
(3)
any State plan requirement described in Section 307(a)
if
granting the waiver will promote innovations or improve
service
delivery and will not diminish services already provided
under
this Act;
(4)
any restriction under paragraph (5) of Section 308(b),
on
the amount that may be transferred between programs carried
out
under part B and part C; and
(5)
the requirement of Section 309(c) that certain amounts
of
a State allotment be used for the provision of services, with
respect
to a State that reduces expenditures under the State
plan
of the State (but only to the extent that the non-Federal
share
of the expenditures is not reduced below any minimum
specified
in Section 304(d) or any other provision of this title).
63 Sec. 321
Older Americans Act OF 1965
(c)
DURATION OF WAIVER.—The application
by a State agency
for
a waiver under this Section shall include a recommendation as
to
the duration of the waiver (not to exceed the duration of the
State
plan of the State). The Assistant Secretary, in granting such
a
waiver, shall specify the duration of the waiver, which may be
the
duration recommended by the State agency or such shorter
time
period as the Assistant Secretary finds to be appropriate.
(d)
REPORTS TO SecRETARY.—With respect to
each waiver
granted
under this Section, not later than 1 year after the expiration
of
such waiver, and at any time during the waiver period that
the
Assistant Secretary may require, the State agency shall prepare
and
submit to the Assistant Secretary a report evaluating the
impact
of the waiver on the operation and effectiveness of programs
and
services provided under this title.
(42 U.S.C. 3030c–3)
PART
B—SUPPORTIVE
SERVICES
AND SENIOR
CENTERS
PROGRAM AUTHORIZED
Sec. 321. (a) The
Assistant Secretary shall carry out a program
for
making grants to States under State plans approved
under
Section 307 for any of the following supportive services:
(1)
health (including mental health), education and training,
welfare,
informational, recreational, homemaker, counseling,
or
referral services;
(2)
transportation services to facilitate access to supportive
services
or nutrition services, and services provided by an area
agency
on aging, in conjunction with local transportation service
providers,
public transportation agencies, and other local
government
agencies, that result in increased provision of such
transportation
services for older individuals;
(3)
services designed to encourage and assist older individuals
to
use the facilities and services (including information
and
assistance services) available to them, including language
translation
services to assist older individuals with limited-
English
speaking ability to obtain services under this title;
(4)
services designed (A) to assist older individuals to obtain
adequate
housing, including residential repair and renovation
projects
designed to enable older individuals to maintain
their
homes in conformity with minimum housing standards;
(B)
to adapt homes to meet the needs of older individuals who
have
physical disabilities; (C) to prevent unlawful entry into
residences
of older individuals, through the installation of Security
devices
and through structural modifications or alterations
of
such residences; or (D) to assist older individuals in obtaining
housing
for which assistance is provided under programs of
the
Department of Housing and Urban Development;
(5)
services designed to assist older individuals in avoiding
institutionalization
and to assist individuals in long-term care
institutions
who are able to return to their communities,
including—
(A)
client assessment, case management services, and
development
and coordination of community services;
64 Sec. 321
Older Americans Act OF 1965
(B)
supportive activities to meet the special needs of
caregivers,
including caretakers who provide in-home services
to
frail older individuals; and
(C)
in-home services and other community services, including
home
health, homemaker, shopping, escort, reader,
and
letter writing services, to assist older individuals to
live
independently in a home environment;
(6)
services designed to provide to older individuals legal
assistance
and other counseling services and assistance,
including—
(A)
tax counseling and assistance, financial counseling,
and
counseling regarding appropriate health and life
insurance
coverage;
(B)
representation—
(i)
of individuals who are wards (or are allegedly
incapacitated);
and
(ii)
in guardianship proceedings of older individuals
who
seek to become guardians, if other adequate
representation
is unavailable in the proceedings; and
(C)
provision, to older individuals who provide uncompensated
care
to their adult children with disabilities, of
counseling
to assist such older individuals with permanency
planning
for such children;
(7)
services designed to enable older individuals to attain
and
maintain physical and mental well-being through programs
of
regular physical activity, exercise, music therapy, art
therapy,
and dance-movement therapy;
(8)
services designed to provide health screening to detect
or
prevent illnesses, or both, that occur most frequently in
older
individuals;
(9)
services designed to provide, for older individuals, preretirement
counseling
and assistance in planning for and assessing
future
post-retirement needs with regard to public and
private
insurance, public benefits, lifestyle changes, relocation,
legal
matters, leisure time, and other appropriate matters;
(10)
services of an ombudsman at the State level to receive,
investigate,
and act on complaints by older individuals
who
are residents of long-term care facilities and to advocate
for
the well-being of such individuals;
(11)
services which are designed to meet the unique needs
of
older individuals who are disabled, and of older individuals
who
provide uncompensated care to their adult children with
disabilities;
(12)
services to encourage the employment of older workers,
including
job and Second career counseling and, where
appropriate,
job development, referral, and placement, and including
the
coordination of the services with programs administered
by
or receiving assistance from the Department of
Labor,
including programs carried out under the Workforce
Investment
Act of 1998 (29 U.S.C. 2801 et seq.);
(13)
crime prevention services and victim assistance programs
for
older individuals;
(14)
a program, to be known as "Senior Opportunities and
Services",
designed to identify and meet the needs of low-in-
65 Sec. 321
Older Americans Act OF 1965
Error in the
amendment made by Section 311(1)(F) of the Older Americans Act Amendments
of 2000 (P.L. 106–501; 114 Stat. 2251).
come
older individuals in one or more of the following areas:
(A)
development and provision of new volunteer services; (B)
effective
referral to existing health, employment, housing,
legal,
consumer, transportation, and other services; (C) stimulation
and
creation of additional services and programs to remedy
gaps
and deficiencies in presently existing services and
programs;
and (D) such other services as the Assistant Secretary
may
determine are necessary or especially appropriate
to
meet the needs of low-income older individuals and to assure
them
greater self-sufficiency;
(15)
services for the prevention of abuse of older individuals
in
accordance with chapter 3 of subtitle A of title VII and
Section
307(a)(12);
(16)
inservice training and State leadership for legal
assistance
activities;
(17)
health and nutrition education services, including
information
concerning prevention, diagnosis, treatment, and
rehabilitation
of age-related diseases and chronic disabling conditions;
(18)
services designed to enable mentally impaired older
individuals
to attain and maintain emotional well-being and
independent
living through a coordinated system of support
services;
(19)
services designed to support family members and
other
persons providing voluntary care to older individuals
that
need long-term care services;
(20)
services designed to provide information and training
for
individuals who are or may become guardians or representative
payees
of older individuals, including information on the
powers
and duties of guardians and representative payees and
on
alternatives to guardianships;
(21)
services to encourage and facilitate regular interaction
between
school-age children and older individuals, including
visits
in long-term care facilities, multipurpose senior centers,
and
other settings;
(22)
in-home services for frail older individuals, including
individuals
with Alzheimer’s disease and related disorders with
neurological
and organic brain dysfunction, and their families,
including
in-home services defined by a State agency in the
State
plan submitted under Section 307, taking into consideration
the
age, economic need, and noneconomic and nonhealth
factors
contributing to the frail condition and need for services
of
the individuals described in this paragraph, and in-home
services
defined by an area agency on aging in the area plan
submitted
under Section 306.
1
(23)
any other services necessary for the general welfare of
older
individuals;
if
such services meet standards prescribed by the Assistant Secretary
and
are necessary for the general welfare of older individuals.
For
purposes of paragraph (5), the term "client assessment
66 Sec. 331
Older Americans Act OF 1965
through
case management" includes providing information relating
to
assistive technology.
(b)(1)
The Assistant Secretary shall carry out a program for
making
grants to States under State plans approved under Section
307
for the acquisition, alteration, or renovation of existing facilities,
including
mobile units, and, where appropriate, construction of
facilities
to serve as multipurpose senior centers.
(2)
Funds made available to a State under this part may be
used
for the purpose of assisting in the operation of multipurpose
senior
centers and meeting all or part of the costs of compensating
professional
and technical personnel required for the operation of
multipurpose
senior centers.
(c)
In carrying out the provisions of this part, to more efficiently
and
effectively deliver services to older individuals, each
area
agency on aging shall coordinate services described in subSection
(a)
with other community agencies and voluntary organizations
providing
the same services. In coordinating the services, the
area
agency on aging shall make efforts to coordinate the services
with
agencies and organizations carrying out intergenerational programs
or
projects.
(d)
Funds made available under this part shall supplement,
and
not supplant, any Federal, State, or local funds expended by
a
State or unit of general purpose local government (including an
area
agency on aging) to provide services described in subSection
(a).
(42 U.S.C. 3030d)
PART
C—NUTRITION
SERVICE
Subpart
1—Congregate Nutrition Services
PROGRAM AUTHORIZED
Sec. 331. The
Assistant Secretary shall carry out a program
for
making grants to States under State plans approved under Section
307
for the establishment and operation of nutrition projects—
(1)
which, 5 or more days a week (except in a rural area
where
such frequency is not feasible (as defined by the Assistant
Secretary
by regulation) and a lesser frequency is approved
by
the State agency), provide at least one hot or other appropriate
meal
per day and any additional meals which the recipient
of
a grant or contract under this subpart may elect to provide;
(2)
which shall be provided in congregate settings, including
adult
day care facilities and multigenerational meal sites;
and
(3)
which may include nutrition education services and
other
appropriate nutrition services for older individuals.
(42 U.S.C. 3030e)
67 Sec. 339
Older Americans Act OF 1965
Subpart
2—Home Delivered Nutrition Services
PROGRAM AUTHORIZED
Sec. 336. The
Assistant Secretary shall carry out a program
for
making grants to States under State plans approved under Section
307
for the establishment and operation of nutrition projects
for
older individuals which, 5 or more days a week (except in a
rural
area where such frequency is not feasible (as defined by the
Assistant
Secretary by regulation) and a lesser frequency is approved
by
the State agency), provide at least one home delivered
hot,
cold, frozen, dried, canned, or supplemental foods (with a satisfactory
storage
life) meal per day and any additional meals which
the
recipient of a grant or contract under this subpart may elect
to
provide.
(42 U.S.C. 3030f)
CRITERIA
Sec. 337. The
Assistant Secretary, in consultation with organizations
of
and for the aged, blind, and disabled, and with representatives
from
the American Dietetic Association, the Dietary
Managers
Association, the National Association of Area Agencies
on
Aging, the National Association of Nutrition and Aging Services
Programs,
the National Association of Meals Programs, Incorporated,
and
any other appropriate group, shall develop minimum
criteria
of efficiency and quality for the furnishing of home delivered
meal
services for projects described in Section 336. The criteria
required
by this Section shall take into account the ability of established
home
delivered meals programs to continue such services
without
major alteration in the furnishing of such services.
(42 U.S.C. 3030g)
Subpart
3—General Provisions
Sec.
339. 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 one meal per day,
(II)
a minimum of 66
2.3 percent of the
allowances
if
the project provides two meals per day,
and
68 Sec. 339A
Older Americans Act OF 1965
(III)
100 percent of the allowances if the
project
provides three 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)
comply with applicable provisions of State or local
laws
regarding the safe and sanitary handling of food,
equipment,
and supplies used in the storage, preparation,
service,
and delivery of meals to an older individual,
(G)
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,
(H)
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,
(I)
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
(J)
provide for nutrition screening and, where appropriate,
for
nutrition education and counseling.
(42 U.S.C. 3030g–21)
Sec.
339A. PAYMENT REQUIREMENT.
Payments
made by a State agency or an area agency on aging
for
nutrition services (including meals) provided under part A, B,
or
C may not be reduced to reflect any increase in the level of
assistance
provided under Section 311.
(42 U.S.C. 3030g–22)
69 Sec. 372
Older Americans Act OF 1965
PART
D—DISEASE
PREVENTION
AND HEALTH
PROMOTION
SERVICES
PROGRAM AUTHORIZED
Sec. 361. (a) The
Assistant Secretary shall carry out a program
for
making grants to States under State plans approved
under
Section 307 to provide disease prevention and health promotion
services
and information at multipurpose senior centers, at
congregate
meal sites, through home delivered meals programs, or
at
other appropriate sites. In carrying out such program, the
Assistant
Secretary shall consult with the Directors of the Centers
for
Disease Control and Prevention and the National Institute on
Aging.
(b)
The Assistant Secretary shall, to the extent possible, assure
that
services provided by other community organizations and agencies
are
used to carry out the provisions of this part.
(42 U.S.C. 3030m)
DISTRIBUTION TO AREA AGENCIES ON AGING
Sec. 362. The State
agency shall give priority, in carrying out
this
part, to areas of the State—
(1)
which are medically underserved; and
(2)
in which there are a large number of older individuals
who
have the greatest economic need for such services.
(42 U.S.C. 3030n)
PART E—NATIONAL FAMILY CAREGIVER
SUPPORT PROGRAM
Sec.
371. SHORT TITLE.
This
part may be cited as the "National Family Caregiver Support
Act".
(42 U.S.C. prec 3030s???)
Subpart 1—Caregiver Support Program
Sec.
372. DEFINITIONS.
In
this subpart:
(1)
CHILD.—The term "child" means an individual who is
not
more than 18 years of age.
(2)
FAMILY CAREGIVER.—The term "family caregiver"
means
an adult family member, or another individual, who is
an
informal provider of in-home and community care to an
older
individual.
(3)
GRANDPARENT OR OLDER INDIVIDUAL WHO IS A RELATIVE
CAREGIVER.—The term "grandparent or older
individual who is
a
relative caregiver" means a grandparent or stepgrandparent
of
a child, or a relative of a child by blood or marriage, who
is
60 years of age or older and—
(A)
lives with the child;
(B)
is the primary caregiver of the child because the
biological
or adoptive parents are unable or unwilling to
serve
as the primary caregiver of the child; and
70 Sec. 373
Older Americans Act OF 1965
(C)
has a legal relationship to the child, as such legal
custody
or guardianship, or is raising the child informally.
(42 U.S.C. 3030s)
Sec.
373. PROGRAM AUTHORIZED.
(a)
IN GENERAL.—The Assistant Secretary shall
carry out a
program
for making grants to States with State plans approved
under
Section 307, to pay for the Federal share of the cost of carrying
out
State programs, to enable area agencies on aging, or entities
that
such area agencies on aging contract with, to provide
multifaceted
systems of support services—
(1)
for family caregivers; and
(2)
for grandparents or older individuals who are relative
caregivers.
(b)
SUPPORT SERVICES.—The services
provided, in a State program
under
subSection (a), by an area agency on aging, or entity
that
such agency has contracted with, shall include—
(1)
information to caregivers about available services;
(2)
assistance to caregivers in gaining access to the services;
(3)
individual counseling, organization of support groups,
and
caregiver training to caregivers to assist the caregivers in
making
decisions and solving problems relating to their
caregiving
roles;
(4)
respite care to enable caregivers to be temporarily relieved
from
their caregiving responsibilities; and
(5)
supplemental services, on a limited basis, to complement
the
care provided by caregivers.
(c)
POPULATION SERVED; PRIORITY.—
(1)
POPULATION SERVED.—Services under a State program
under
this subpart shall be provided to family caregivers, and
grandparents
and older individuals who are relative caregivers,
and
who—
(A)
are described in paragraph (1) or (2) of subSection
(a);
and
(B)
with regard to the services specified in paragraphs
(4)
and (5) of subSection (b), in the case of a caregiver described
in
paragraph (1), is providing care to an older individual
who
meets the condition specified in subparagraph
(A)(i)
or (B) of Section 102(28).
(2)
PRIORITY.—In providing services under this subpart,
the
State shall give priority for services to older individuals
with
greatest social and economic need, (with particular attention
to
low-income older individuals) and older individuals providing
care
and support to persons with mental retardation
and
related developmental disabilities (as defined in Section
102
of the Developmental Disabilities Assistance and Bill of
Rights
Act (42 U.S.C. 6001)) (referred to in this subpart as
"developmental
disabilities").
(d)
COORDINATION WITH SERVICE
PROVIDERS.—In carrying out
this
subpart, each area agency on aging shall coordinate the activities
of
the agency, or entity that such agency has contracted with,
with
the activities of other community agencies and voluntary organizations
providing
the types of services described in subSection (b).
71 Sec. 373
Older Americans Act OF 1965
(e)
QUALITY STANDARDS AND MECHANISMS
AND ACCOUNTABILITY.
—
(1)
QUALITY STANDARDS AND MECHANISMS.—The State
shall
establish standards and mechanisms designed to assure
the
quality of services provided with assistance made available
under
this subpart.
(2)
DATA AND RECORDS.—The State shall collect data and
maintain
records relating to the State program in a standardized
format
specified by the Assistant Secretary. The State
shall
furnish the records to the Assistant Secretary, at such
time
as the Assistant Secretary may require, in order to enable
the
Assistant Secretary to monitor State program administration
and
compliance, and to evaluate and compare the effectiveness
of
the State programs.
(3)
REPORTS.—The State shall prepare and submit to the
Assistant
Secretary reports on the data and records required
under
paragraph (2), including information on the services
funded
under this subpart, and standards and mechanisms by
which
the quality of the services shall be assured.
(f)
CAREGIVER ALLOTMENT.—
(1)
IN GENERAL.—
(A)
From sums appropriated under Section 303(e) for
fiscal
years 2001 through 2005, the Assistant Secretary
shall
allot amounts among the States proportionately
based
on the population of individuals 70 years of age or
older
in the States.
(B)
In determining the amounts allotted to States from
the
sums appropriated under Section 303 for a fiscal year,
the
Assistant Secretary shall first determine the amount
allotted
to each State under subparagraph (A) and then
proportionately
adjust such amounts, if necessary, to meet
the
requirements of paragraph (2).
(C)
The number of individuals 70 years of age or older
in
any State and in all States shall be determined by the
Assistant
Secretary on the basis of the most recent data
available
from the Bureau of the Census and other reliable
demographic
data satisfactory to the Assistant Secretary.
(2)
MINIMUM ALLOTMENT.—
(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.
of 1
percent
of the amount appropriated for the fiscal year for
which
the determination is made.
72 Sec. 374
Older Americans Act OF 1965
(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.
(g)
AVAILABILITY OF FUNDS.—
(1)
USE OF FUNDS FOR ADMINISTRATION OF AREA PLANS.—
Amounts
made available to a State to carry out the State program
under
this subpart may be used, in addition to amounts
available
in accordance with Section 303(c)(1), for costs of
administration
of area plans.
(2)
FEDERAL SHARE.—
(A)
IN GENERAL.—Notwithstanding Section
304(d)(1)(D),
the Federal share of the cost of carrying out
a
State program under this subpart shall be 75 percent.
(B)
NON-FEDERAL SHARE.—The non-Federal
share of
the
cost shall be provided from State and local sources.
(C)
LIMITATION.—A State may use not more than 10
percent
of the total Federal and non-Federal share available
to
the State to provide support services to grandparents
and
older individuals who are relative caregivers.
(42 U.S.C. 3030s–1)
Sec.
374. MAINTENANCE OF EFFORT.
Funds
made available under this subpart shall supplement,
and
not supplant, any Federal, State, or local funds expended by
a
State or unit of general purpose local government (including an
area
agency on aging) to provide services described in Section 373.
(42 U.S.C. 3030s–2)
Subpart 2—National Innovation
Programs
Sec.
375. INNOVATION GRANT PROGRAM.
(a)
IN GENERAL.—The Assistant Secretary shall
carry out a
program
for making grants on a competitive basis to foster the
development
and testing of new approaches to sustaining the efforts
of
families and other informal caregivers of older individuals,
and
to serving particular groups of caregivers of older individuals,
including
low-income caregivers and geographically distant caregivers
and
linking family support programs with the State entity
or
agency that administers or funds programs for persons with
mental
retardation or related developmental disabilities and their
families.
(b)
EVALUATION AND DISSEMINATION OF RESULTS.—The Assistant
Secretary
shall provide for evaluation of the effectiveness of
programs
and activities funded with grants made under this Section,
and
for dissemination to States of descriptions and evaluations
of
such programs and activities, to enable States to incorporate
successful
approaches into their programs carried out under
this
part.
(c)
SUNSET PROVISION.—This Section
shall be effective for 3 fiscal
years
after the date of the enactment of the Older Americans
Act
Amendments of 2000.
(42 U.S.C. 3030s–11)
73 Sec. 411
Older Americans Act OF 1965
Error in
amendment made by Section 401 of the Older Americans Act Amendments of 2000
(P.L. 106–501; 114 Stat. 2257). Title IV of
this Act was amended to read but no title heading
was included in the text of the amendment.
Sec.
376. ACTIVITIES OF NATIONAL SIGNIFICANCE.
(a)
IN GENERAL.—The Assistant Secretary shall,
directly or by
grant
or contract, carry out activities of national significance to
promote
quality and continuous improvement in the support provided
to
family and other informal caregivers of older individuals
through
program evaluation, training, technical assistance, and research.
(b)
SUNSET PROVISION.—This Section
shall be effective for 3 fiscal
years
after the date of the enactment of the Older Americans
Act
Amendments of 2000.
(42 U.S.C. 3030s–12)
øTitle heading is
needed. See footnote below.
1
Sec.
401. PURPOSES.
The
purposes of this title are—
(1)
to expand the Nation’s knowledge and understanding of
the
older population and the aging process;
(2)
to design, test, and promote the use of innovative ideas
and
best practices in programs and services for older individuals;
(3)
to help meet the needs for trained personnel in the
field
of aging; and
(4)
to increase awareness of citizens of all ages of the need
to
assume personal responsibility for their own longevity.
(42 U.S.C. 3031)
PART A—GRANT PROGRAMS
Sec.
411. PROGRAM AUTHORIZED.
(a)
IN GENERAL.—For the purpose of carrying out
this Section,
the
Assistant Secretary may make grants to and enter into contracts
with
States, public agencies, private nonprofit agencies,
institutions
of higher education, and organizations, including tribal
organizations,
for—
(1)
education and training to develop an adequately
trained
workforce to work with and on behalf of older individuals;
(2)
applied social research and analysis to improve access
to
and delivery of services for older individuals;
(3)
evaluation of the performance of the programs, activities,
and
services provided under this Section;
(4)
the development of methods and practices to improve
the
quality and effectiveness of the programs, services, and
activities
provided under this Section;
(5)
the demonstration of new approaches to design, deliver,
and
coordinate programs and services for older individuals;
(6)
technical assistance in planning, developing, implementing,
and
improving the programs, services, and activities
provided
under this Section;
(7)
coordination with the designated State agency described
in
Section 101(a)(2)(A)(i) of the Rehabilitation Act of
74 Sec. 412
Older Americans Act OF 1965
1973
(29 U.S.C. 721(a)(2)(A)(i)) to provide services to older
individuals
who are blind as described in such Act;
(8)
the training of graduate level professionals specializing
in
the mental health needs of older individuals; and
(9)
any other activities that the Assistant Secretary determines
will
achieve the objectives of this Section.
(b)
AUTHORIZATION OF APPROPRIATIONS.—There are
authorized
to
be appropriated to carry out this Section such sums as may be
necessary
for fiscal year 2001, and such sums as may be necessary
for
subsequent fiscal years.
(42 U.S.C. 3032)
Sec.
412. CAREER PREPARATION FOR THE FIELD OF AGING.
(a)
GRANTS.—The Assistant Secretary shall make grants to
institutions
of higher education, historically Black colleges or universities,
Hispanic
Centers of Excellence in Applied Gerontology,
and
other educational institutions that serve the needs of minority
students,
to provide education and training to prepare students for
careers
in the field of aging.
(b)
DEFINITIONS.—For purposes of subSection (a):
(1)
HISPANIC CENTER OF EXCELLENCE IN APPLIED GERONTOLOGY.
—The
term "Hispanic Center of Excellence in Applied
Gerontology"
means an institution of higher education with a
program
in applied gerontology that—
(A)
has a significant number of Hispanic individuals
enrolled
in the program, including individuals accepted for
enrollment
in the program;
(B)
has been effective in assisting Hispanic students of
the
program to complete the program and receive the degree
involved;
(C)
has been effective in recruiting Hispanic individuals
to
attend the program, including providing scholarships
and
other financial assistance to such individuals
and
encouraging Hispanic students of Secondary educational
institutions
to attend the program; and
(D)
has made significant recruitment efforts to increase
the
number and placement of Hispanic individuals
serving
in faculty or administrative positions in the program.
(2)
HISTORICALLY BLACK COLLEGE OR UNIVERSITY.—The
term
"historically Black college or university" has the meaning
given
the term "part B institution" in Section 322(2) of the
Higher
Education Act of 1965 (20 U.S.C. 1061(2)).
(42 U.S.C. 3032a)
Sec.
413. OLDER INDIVIDUALS’ PROTECTION FROM VIOLENCE
PROJECTS.
(a)
PROGRAM AUTHORIZED.—The Assistant
Secretary shall
make
grants to States, area agencies on aging, nonprofit organizations,
or
tribal organizations to carry out the activities described in
subSection
(b).
(b)
ACTIVITIES.—A State, an area agency on aging, a
nonprofit
organization,
or a tribal organization that receives a grant under
subSection
(a) shall use such grant to—
75 Sec. 414
Older Americans Act OF 1965
(1)
support projects in local communities, involving diverse
Sectors
of each community, to coordinate activities concerning
intervention
in and prevention of elder abuse, neglect, and
exploitation,
including family violence and sexual assault,
against
older individuals;
(2)
develop and implement outreach programs directed toward
assisting
older individuals who are victims of elder
abuse,
neglect, and exploitation (including family violence and
sexual
assault, against older individuals), including programs
directed
toward assisting the individuals in senior housing
complexes,
nursing homes, board and care facilities, and senior
centers;
(3)
expand access to family violence and sexual assault
programs
(including shelters, rape crisis centers, and support
groups),
including mental health services, safety planning and
legal
advocacy for older individuals and encourage the use of
senior
housing, hotels, or other suitable facilities or services
when
appropriate as emergency short-term shelters for older
individuals
who are the victims of elder abuse, including family
violence
and sexual assault; or
(4)
promote research on legal, organizational, or training
impediments
to providing services to older individuals through
shelters
and other programs, such as impediments to provision
of
services in coordination with delivery of health care or services
delivered
under this Act.
(c)
PREFERENCE.—In awarding grants under subSection (a),
the
Assistant
Secretary shall give preference to a State, an area agency
on
aging, a nonprofit organization, or a tribal organization that has
the
ability to carry out the activities described in this Section and
title
VII of this Act.
(d)
COORDINATION.—The Assistant Secretary shall encourage
each
State, area agency on aging, nonprofit organization, and tribal
organization
that receives a grant under subSection (a) to coordinate
activities
provided under this Section with activities provided
by
other area agencies on aging, tribal organizations, State adult
protective
service programs, private nonprofit organizations, and by
other
entities receiving funds under title VII of this Act.
(42 U.S.C. 3032b)
Sec.
414. HEALTH CARE SERVICE DEMONSTRATION PROJECTS IN
RURAL
AREAS.
(a)
AUTHORITY.—The Assistant Secretary, after
consultation
with
the State agency of the State involved, shall make grants 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.
(b)
ELIGIBILITY.—To be eligible to receive a grant under
subSection
(a),
a public agency or nonprofit private organization shall
submit
to the Assistant Secretary an application containing such
76 Sec. 415
Older Americans Act OF 1965
information
and assurances as the Secretary may require,
including—
(1)
information describing the nature and extent of the
applicant’s—
(A)
experience in providing medical services of the
type
to be provided in the project for which a grant is requested;
and
(B)
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 (42 U.S.C.
1395x(mm)(1))
and rural health clinics (as defined in
Section
1861(aa)(2) of the Social Security Act (42
U.S.C.
1395x(aa)(2)));
(2)
assurances that the applicant will carry out the project
for
which a grant is requested, through a multipurpose senior
center
located—
(A)(i)
in a rural area that has a population of less than
5,000;
or
(ii)
in a county that has fewer than seven individuals
per
square mile; and
(B)
in a State in which—
(i)
not less than 33
1.3 of the population
resides in
rural
areas; and
(ii)
not less than 5 percent of the population resides
in
counties with fewer than seven individuals
per
square mile,
as
defined by and determined in accordance with the most
recent
data available from the Bureau of the Census; and
(3)
assurances that the applicant will submit to the Assistant
Secretary
such evaluations and reports as the Assistant
Secretary
may require.
(c)
REPORTS.—The Assistant Secretary shall prepare and submit
to
the appropriate committees of Congress a report that includes
summaries
of the evaluations and reports required under
subSection
(b).
(42 U.S.C. 3032c)
Sec.
415. COMPUTER TRAINING.
(a)
PROGRAM AUTHORIZED.—The Assistant
Secretary, in consultation
with
the Assistant Secretary of Commerce for Communications
and
Information, may award grants or contracts to entities
to
provide computer training and enhanced Internet access for
older
individuals.
(b)
PRIORITY.—If the Assistant Secretary awards grants under
subSection
(a), the Assistant Secretary shall give priority to an
entity
that—
(1)
will provide services to older individuals living in rural
areas;
77 Sec. 417
Older Americans Act OF 1965
(2)
has demonstrated expertise in providing computer
training
to older individuals; or
(3)
has demonstrated that it has a variety of training delivery
methods,
including facility-based, computer-based, and
Internet-based
training, that may facilitate a determination of
the
best method of training older individuals.
(c)
SPECIAL CONSIDERATION.—In awarding
grants under this
Section,
the Assistant Secretary shall give special consideration to
applicants
that have entered into a partnership with one or more
private
entities providing such applicants with donated information
technologies
including software, hardware, or training.
(d)
USE OF FUNDS.—An entity that receives a grant or
contract
under
subSection (a) shall use funds received under such grant or
contract
to provide training for older individuals that—
(1)
relates to the use of computers and related equipment,
in
order to improve the self-employment and employment-related
technology
skills of older individuals, as well as their
ability
to use the Internet; and
(2)
is provided at senior centers, housing facilities for older
individuals,
elementary schools, Secondary schools, and institutions
of
higher education.
(42 U.S.C. 3032d)
Sec.
416. TECHNICAL ASSISTANCE TO IMPROVE TRANSPORTATION
FOR
SENIORS.
(a)
IN GENERAL.—The Secretary may award grants or
contracts
to
nonprofit organizations to improve transportation services for
older
individuals.
(b)
USE OF FUNDS.—A nonprofit organization receiving
a grant
or
contract under subSection (a) shall use funds received under
such
grant or contract to provide technical assistance to assist local
transit
providers, area agencies on aging, senior centers and local
senior
support groups to encourage and facilitate coordination of
Federal,
State, and local transportation services and resources for
older
individuals. Such technical assistance may include—
(1)
developing innovative approaches for improving access
by
older individuals to supportive services;
(2)
preparing and disseminating information on transportation
options
and resources for older individuals and organizations
serving
such individuals through establishing a toll-free
telephone
number;
(3)
developing models and best practices for comprehensive
integrated
transportation services for older individuals, including
services
administered by the Secretary of Transportation,
by
providing ongoing technical assistance to agencies providing
services
under title III and by assisting in coordination of public
and
community transportation services; and
(4)
providing special services to link seniors to transportation
services
not provided under title III.
(42 U.S.C. 3032e)
Sec.
417. DEMONSTRATION PROJECTS FOR MULTIGENERATIONAL
ACTIVITIES.
(a)
GRANTS AND CONTRACTS.—The Assistant
Secretary may
award
grants and enter into contracts with eligible organizations
78 Sec. 417
Older Americans Act OF 1965
to
establish demonstration projects to provide older individuals
with
multigenerational activities.
(b)
USE OF FUNDS.—An eligible organization shall use
funds
made
available under a grant awarded, or a contract entered into,
under
subSection (a)—
(1)
to carry out a demonstration project that provides
multigenerational
activities, including any professional training
appropriate
to such activities for older individuals; and
(2)
to evaluate the project in accordance with subSection
(f
).
(c)
PREFERENCE.—In awarding grants and entering into
contracts
under
subSection (a), the Assistant Secretary shall give preference
to—
(1)
eligible organizations with a demonstrated record of
carrying
out multigenerational activities; and
(2)
eligible organizations proposing projects that will serve
older
individuals with greatest economic need (with particular
attention
to low-income minority individuals and older individuals
residing
in rural areas).
(d)
APPLICATION.—To be eligible to receive a grant or
enter into
a
contract under subSection (a), an organization shall submit an
application
to the Assistant Secretary at such time, in such manner,
and
accompanied by such information as the Assistant Secretary
may
reasonably require.
(e)
ELIGIBLE ORGANIZATIONS.—Organizations
eligible to receive
a
grant or enter into a contract under subSection (a) shall be organizations
that
employ, or provide opportunities for, older individuals
in
multigenerational activities.
(f
) LOCAL EVALUATION AND REPORT.—
(1)
EVALUATION.—Each organization receiving a grant or a
contract
under subSection (a) to carry out a demonstration
project
shall evaluate the multigenerational activities assisted
under
the project to determine the effectiveness of the
multigenerational
activities, the impact of such activities on
child
care and youth day care programs, and the impact of
such
activities on older individuals involved in such project.
(2)
REPORT.—The organization shall submit a report to the
Assistant
Secretary containing the evaluation not later than 6
months
after the expiration of the period for which the grant
or
contract is in effect.
(g)
REPORT TO CONGRESS.—Not later than 6
months after the
Assistant
Secretary receives the reports described in subSection
(f
)(2), the Assistant Secretary shall prepare and submit to the
Speaker
of the House of Representatives and the President pro
tempore
of the Senate a report that assesses the evaluations and
includes,
at a minimum—
(1)
the names or descriptive titles of the demonstration
projects
funded under subSection (a);
(2)
a description of the nature and operation of the
projects;
(3)
the names and addresses of organizations that conducted
the
projects;
79 Sec. 418
Older Americans Act OF 1965
(4)
a description of the methods and success of the projects
in
recruiting older individuals as employees and volunteers to
participate
in the projects;
(5)
a description of the success of the projects in retaining
older
individuals involved in the projects as employees and as
volunteers;
and
(6)
the rate of turnover of older individual employees and
volunteers
in the projects.
(h)
DEFINITION.—As used in this Section, the term
"multigenerational
activity" includes an opportunity to serve as a
mentor
or adviser in a child care program, a youth day care program,
an
educational assistance program, an at-risk youth intervention
program,
a juvenile delinquency treatment program, or a
family
support program.
(42 U.S.C. 3032f)
Sec.
418. NATIVE AMERICAN PROGRAMS.
(a)
ESTABLISHMENT.—
(1)
IN GENERAL.—The Assistant Secretary shall make
grants
or enter into contracts with not fewer than two and not
more
than four eligible entities to establish and operate Resource
Centers
on Native American Elders (referred to in this
Section
as "Resource Centers"). The Assistant Secretary shall
make
such grants or enter into such contracts for periods of
not
less than 3 years.
(2)
FUNCTIONS.—
(A)
IN GENERAL.—Each Resource Center that receives
funds
under this Section shall—
(i)
gather information;
(ii)
perform research;
(iii)
provide for the dissemination of results of the
research;
and
(iv)
provide technical assistance and training to
entities
that provide services to Native Americans who
are
older individuals.
(B)
AREAS OF CONCERN.—In conducting the functions
described
in subparagraph (A), a Resource Center shall
focus
on priority areas of concern for the Resource Centers
regarding
Native Americans who are older individuals,
which
areas shall be—
(i)
health problems;
(ii)
long-term care, including in-home care;
(iii)
elder abuse; and
(iv)
other problems and issues that the Assistant
Secretary
determines are of particular importance to
Native
Americans who are older individuals.
(3)
PREFERENCE.—In awarding grants and entering into
contracts
under paragraph (1), the Assistant Secretary shall
give
preference to institutions of higher education that have
conducted
research on, and assessments of, the characteristics
and
needs of Native Americans who are older individuals.
(4)
CONSULTATION.—In determining the type of information
to
be sought from, and activities to be performed by, Resource
Centers,
the Assistant Secretary shall consult with the
80 Sec. 419
Older Americans Act OF 1965
Director
of the Office for American Indian, Alaskan Native,
and
Native Hawaiian Aging and with national organizations
with
special expertise in serving Native Americans who are
older
individuals.
(5)
ELIGIBLE ENTITIES.—To be eligible to receive a grant or
enter
into a contract under paragraph (1), an entity shall be
an
institution of higher education with experience conducting
research
and assessment on the needs of older individuals.
(6)
REPORT TO CONGRESS.—The Assistant Secretary,
with
assistance
from each Resource Center, shall prepare and submit
to
the Speaker of the House of Representatives and the
President
pro tempore of the Senate an annual report on the
status
and needs, including the priority areas of concern, of
Native
Americans who are older individuals.
(b)
TRAINING GRANTS.—The Assistant
Secretary shall make
grants
and enter into contracts to provide in-service training opportunities
and
courses of instruction on aging to Indian tribes
through
public or nonprofit Indian aging organizations and to provide
annually
a national meeting to train directors of programs
under
this title.
(42 U.S.C. 3032g)
Sec.
419. MULTIDISCIPLINARY CENTERS.
(a)
PROGRAM AUTHORIZED.—The Assistant
Secretary may make
grants
to public and private nonprofit agencies, organizations, and
institutions
for the purpose of establishing or supporting multidisciplinary
centers
of gerontology, and gerontology centers of special
emphasis
(including emphasis on nutrition, employment,
health
(including mental health), disabilities (including severe disabilities),
income
maintenance, counseling services, supportive
services,
minority populations, and older individuals residing in
rural
areas).
(b)
USE OF FUNDS.—
(1)
IN GENERAL.—The centers described in subSection (a)
shall
conduct research and policy analysis and function as a
technical
resource for the Assistant Secretary, policymakers,
service
providers, and Congress.
(2)
MULTIDISCIPLINARY CENTERS.—The multidisciplinary
centers
of gerontology described in subSection (a) shall—
(A)
recruit and train personnel;
(B)
conduct basic and applied research toward the
development
of information related to aging;
(C)
stimulate the incorporation of information on aging
into
the teaching of biological, behavioral, and social
sciences
at colleges and universities;
(D)
help to develop training programs in the field of
aging
at schools of public health, education, social work,
and
psychology, and other appropriate schools within colleges
and
universities;
(E)
serve as a repository of information and knowledge
on
aging;
(F)
provide consultation and information to public and
voluntary
organizations, including State agencies and area
agencies
on aging, which serve the needs of older individ-
81 Sec. 421
Older Americans Act OF 1965
uals
in planning and developing services provided under
other
provisions of this Act; and
(G)
if appropriate, provide information relating to assistive
technology.
(c)
DATA.—
(1)
IN GENERAL.—Each center that receives a grant under
subSection
(a) shall provide data to the Assistant Secretary on
the
projects and activities carried out with funds received
under
such subSection.
(2)
INFORMATION INCLUDED.—Such data described in paragraph
(1)
shall include—
(A)
information on the number of personnel trained;
(B)
information on the number of older individuals
served;
(C)
information on the number of schools assisted; and
(D)
other information that will facilitate achieving the
objectives
of this Section.
(42 U.S.C. 3032h)
Sec.
420. DEMONSTRATION AND SUPPORT PROJECTS FOR LEGAL
ASSISTANCE
FOR OLDER INDIVIDUALS.
(a)
PROGRAM AUTHORIZED.—The Assistant
Secretary shall
make
grants and enter into contracts, in order to—
(1)
provide a national legal assistance support system
(operated
by one or more grantees or contractors) of activities
to
State and area agencies on aging for providing, developing,
or
supporting legal assistance for older individuals, including—
(A)
case consultations;
(B)
training;
(C)
provision of substantive legal advice and assistance;
and
(D)
assistance in the design, implementation, and
administration
of legal assistance delivery systems to local
providers
of legal assistance for older individuals; and
(2)
support demonstration projects to expand or improve
the
delivery of legal assistance to older individuals with social
or
economic needs.
(b)
ASSURANCES.—Any grants or contracts made under
subSection
(a)(2)
shall contain assurances that the requirements of Section
307(a)(11)
are met.
(c)
ASSISTANCE.—To carry out subSection (a)(1), the
Assistant
Secretary
shall make grants to or enter into contracts with national
nonprofit
organizations experienced in providing support and
technical
assistance on a nationwide basis to States, area agencies
on
aging, legal assistance providers, ombudsmen, elder abuse prevention
programs,
and other organizations interested in the legal
rights
of older individuals.
(42 U.S.C. 3032i)
Sec.
421. OMBUDSMAN AND ADVOCACY DEMONSTRATION PROJECTS.
(a)
PROGRAM AUTHORIZED.—The Assistant
Secretary shall
award
grants to not fewer than three and not more than 10 States
to
conduct demonstrations and evaluate cooperative projects between
the
State long-term care ombudsman program, legal assistance
agencies,
and the State protection and advocacy systems for
January 30, 2001 (12:46 PM)
82 Sec. 431
Older Americans Act OF 1965
individuals
with developmental disabilities and individuals with
mental
illness, established under part C of the Developmental Disabilities
Assistance
and Bill of Rights Act (42 U.S.C. 6041 et seq.)
and
under the Protection and Advocacy for Mentally Ill Individuals
Act
of 1986 (42 U.S.C. 10801 et seq.).
(b)
REPORT.—The Assistant Secretary shall prepare and submit
to
Congress a report containing the results of the evaluation required
by
subSection (a). Such report shall contain such recommendations
as
the Assistant Secretary determines to be appropriate.
(42 U.S.C. 3032j)
PART B—GENERAL PROVISIONS
Sec.
431. PAYMENT OF GRANTS.
(a)
CONTRIBUTIONS.—To the extent the Assistant Secretary
determines
a contribution to be appropriate, the Assistant Secretary
shall
require the recipient of any grant or contract under
this
title to contribute money, facilities, or services for carrying out
the
project for which such grant or contract was made.
(b)
PAYMENTS.—Payments under this title pursuant to a grant
or
contract may be made (after necessary adjustment, in the case
of
grants, on account of previously made overpayments or underpayments)
in
advance or by way of reimbursement, and in such
installments
and on such conditions, as the Assistant Secretary
may
determine.
(c)
CONSULTATION.—The Assistant Secretary shall make no
grant
or contract under this title in any State that has established
or
designated a State agency for purposes of title III unless the
Assistant
Secretary—
(1)
consults with the State agency prior to issuing the
grant
or contract; and
(2)
informs the State agency of the purposes of the grant
or
contract when the grant or contract is issued.
(42 U.S.C. 3033)
Sec.
432. RESPONSIBILITIES OF ASSISTANT SecRETARY.
(a)
IN GENERAL.—The Assistant Secretary shall be
responsible
for
the administration, implementation, and making of grants and
contracts
under this title and shall not delegate authority under
this
title to any other individual, agency, or organization.
(b)
REPORT.—
(1)
IN GENERAL.—Not later than January 1 following each
fiscal
year, the Assistant Secretary shall submit, to the
Speaker
of the House of Representatives and the President pro
tempore
of the Senate, a report for such fiscal year that describes
each
project and each program—
(A)
for which funds were provided under this title; and
(B)
that was completed in the fiscal year for which
such
report is prepared.
(2)
CONTENTS.—Such report shall contain—
(A)
the name or descriptive title of each project or program;
83 Sec. 502
Older Americans Act OF 1965
The style of the
title heading does not conform to other title headings. See the amendment
made by Section 501 of the Older Americans
Act Amendments of 2000 (P.L. 106–501; 114 Stat.
2267).
(B)
the name and address of the individual or governmental
entity
that conducted such project or program;
(C)
a specification of the period throughout which such
project
or program was conducted;
(D)
the identity of each source of funds expended to
carry
out such project or program and the amount of funds
provided
by each such source;
(E)
an abstract describing the nature and operation of
such
project or program; and
(F)
a bibliography identifying all published information
relating
to such project or program.
(c)
EVALUATIONS.—
(1)
IN GENERAL.—The Assistant Secretary shall establish
by
regulation and implement a process to evaluate the results
of
projects and programs carried out under this title.
(2)
RESULTS.—The Assistant Secretary shall—
(A)
make available to the public the results of each
evaluation
carried out under paragraph (1); and
(B)
use such evaluation to improve services delivered,
or
the operation of projects and programs carried out,
under
this Act.
(42 U.S.C. 3033a)
TITLE
V—COMMUNITY SERVICE EMPLOYMENT
FOR
OLDER AMERICANS
1
Sec.
501. SHORT TITLE.
This
title may be cited as the "Older American Community
Service
Employment Act".
(42 U.S.C. 3056 note)
Sec.
502. OLDER AMERICAN COMMUNITY SERVICE EMPLOYMENT
PROGRAM.
(a)(1)
In order to foster and promote useful part-time opportunities
in
community service activities for unemployed low-income
persons
who are 55 years or older and who have poor employment
prospects,
and in order to foster individual economic self-sufficiency
and
to increase the number of persons who may enjoy the benefits
of
unsubsidized employment in both the public and private Sectors,
the
Secretary of Labor (hereafter in this title referred to as the
"Secretary")
is authorized to establish an older American community
service
employment program.
(2)
Amounts appropriated to carry out this title shall be used
only
to carry out the provisions contained in this title.
(b)(1)
In order to carry out the provisions of this title, the Secretary
is
authorized to enter into agreements, subject to Section
514,
with State and national public and private nonprofit agencies
and
organizations, agencies of a State government or a political
subdivision
of a State (having elected or duly appointed governing
officials),
or a combination of such political subdivisions, or tribal
84 Sec. 502
Older Americans Act OF 1965
organizations
in order to further the purposes and goals of the program.
Such
agreements may include provisions for the payment of
costs,
as provided in subSection (c) of this Section, of projects developed
by
such organizations and agencies in cooperation with the
Secretary
in order to make the program effective or to supplement
the
program. No payment shall be made by the Secretary toward
the
cost of any project established or administered by any organization
or
agency unless the Secretary determines that such project—
(A)
will provide employment only for eligible individuals
except
for necessary technical, administrative, and supervisory
personnel,
but such personnel shall, to the fullest extent possible,
be
recruited from among eligible individuals;
(B)(i)
will provide employment for eligible individuals in
the
community in which such individuals reside, or in nearby
communities;
or
(ii)
if such project is carried out by a tribal organization
that
enters into an agreement under this subSection or receives
assistance
from a State that enters into such an agreement,
will
provide employment for such individuals, including those
who
are Indians residing on an Indian reservation, as the term
is
defined in Section 2601(2) of the Energy Policy Act of 1992
(25
U.S.C. 3501(2));
(C)
will employ eligible individuals in service related to
publicly
owned and operated facilities and projects, or projects
sponsored
by organizations, other than political parties,
exempt
from taxation under the provisions of Section 501(c)(3)
of
the Internal Revenue Code of 1986, except projects involving
the
construction, operation, or maintenance of any facility used
or
to be used as a place for Sectarian religious instruction or
worship;
(D)
will contribute to the general welfare of the community;
(E)
will provide employment for eligible individuals;
(F)(i)
will result in an increase in employment opportunities
over
those opportunities which would otherwise be available;
(ii)
will not result in the displacement of currently employed
workers
(including partial displacement, such as a
reduction
in the hours of nonovertime work or wages or
employment
benefits); and
(iii)
will not impair existing contracts or result in the substitution
of
Federal funds for other funds in connection with
work
that would otherwise be performed;
(G)
will not employ or continue to employ any eligible individual
to
perform work the same or substantially the same as
that
performed by any other person who is on layoff;
(H)
will utilize methods of recruitment and selection (including
participating
in a one-stop delivery system as established
under
Section 134(c) of the Workforce Investment Act of
1998
(29 U.S.C. 2864(c)) and listing of job vacancies with the
employment
agency operated by any State or political subdivision
thereof
) which will assure that the maximum number of
eligible
individuals will have an opportunity to participate in
the
project;
85 Sec. 502
Older Americans Act OF 1965
(I)
will include such training as may be necessary to make
the
most effective use of the skills and talents of those individuals
who
are participating, and will provide for the payment
of
the reasonable expenses of individuals being trained, including
a
reasonable subsistence allowance;
(J)
will assure that safe and healthy conditions of work
will
be provided, and will assure that persons employed in
community
service and other jobs assisted under this title shall
be
paid wages which shall not be lower than whichever is the
highest
of—
(i)
the minimum wage which would be applicable to
the
employee under the Fair Labor Standards Act of 1938,
if
Section 6(a)(1) of such Act applied to the participant and
if
the participant were not exempt under Section 13
thereof;
(ii)
the State or local minimum wage for the most
nearly
comparable covered employment; or
(iii)
the prevailing rates of pay for persons employed
in
similar public occupations by the same employer;
(K)
will be established or administered with the advice of
persons
competent in the field of service in which employment
is
being provided, and of persons who are knowledgeable with
regard
to the needs of older persons;
(L)
will authorize pay for necessary transportation costs of
eligible
individuals which may be incurred in employment in
any
project funded under this title, in accordance with regulations
promulgated
by the Secretary;
(M)
will assure that, to the extent feasible, such project
will
serve the needs of minority, limited English-speaking, and
Indian
eligible individuals, and eligible individuals who have
the
greatest economic need, at least in proportion to their numbers
in
the State and take into consideration their rates of poverty
and
unemployment;
(N)(i)
will prepare an assessment of the participants’ skills
and
talents and their needs for services, except to the extent
such
project has, for the participant involved, recently prepared
an
assessment of such skills and talents, and such
needs,
pursuant to another employment or training program
(such
as a program under the Workforce Investment Act of
1998
(29 U.S.C. 2801 et seq.), the Carl D. Perkins Vocational
and
Technical Education Act of 1998 (20 U.S.C. 2301 et seq.),
or
part A of title IV of the Social Security Act (42 U.S.C. 601
et
seq.));
(ii)
will provide to eligible individuals training and employment
counseling
based on strategies that identify appropriate
employment
objectives and the need for supportive services,
developed
as a result of the assessment and service strategy
provided
for in clause (i); and
(iii)
will provide counseling to participants on their
progress
in meeting such objectives and satisfying their need
for
supportive services;
(O)
will provide appropriate services for participants
through
the one-stop delivery system as established under Section
134(c)
of the Workforce Investment Act of 1998 (29 U.S.C.
86 Sec. 502
Older Americans Act OF 1965
2864(c)),
and will be involved in the planning and operations
of
such system pursuant to a memorandum of understanding
with
the local workforce investment board in accordance with
Section
121(c) of such Act (29 U.S.C. 2841(c));
(P)
will post in such project workplace a notice, and will
make
available to each person associated with such project a
written
explanation, clarifying the law with respect to allowable
and
unallowable political activities under chapter 15 of
title
5, United States Code, applicable to the project and to
each
category of individuals associated with such project and
containing
the address and telephone number of the Inspector
General
of the Department of Labor, to whom questions regarding
the
application of such chapter may be addressed;
(Q)
will provide to the Secretary the description and information
described
in paragraphs (8) and (14) of Section 112(b)
of
the Workforce Investment Act of 1998; and
(R)
will ensure that entities carrying out activities under
the
project, including State offices, local offices, subgrantees,
subcontractors,
or other affiliates of such organization or
agency
shall receive an amount of the administration cost allocation
that
is sufficient for the administrative activities under
the
project to be carried out by such State office, local office,
subgrantee,
subcontractor, or other affiliate.
(2)
The Secretary is authorized to establish, issue, and amend
such
regulations as may be necessary to effectively carry out the
provisions
of this title.
(3)
The Secretary shall develop alternatives for innovative
work
modes and provide technical assistance in creating job opportunities
through
work sharing and other experimental methods to
labor
organizations, groups representing business and industry and
workers
as well as to individual employers, where appropriate.
(4)(A)
An assessment and service strategy provided for an eligible
individual
under this title shall satisfy any condition for an
assessment
and service strategy or individual employment plan for
an
adult participant under subtitle B of title I of the Workforce
Investment
Act of 1998 (29 U.S.C. 2811 et seq.), in order to determine
whether
such individual qualifies for intensive or training
services
described in Section 134(d) of such Act (29 U.S.C. 2864(d)),
in
accordance with such Act.
(B)
An assessment and service strategy or individual employment
plan
provided for an adult participant under subtitle B of
title
I of the Workforce Investment Act of 1998 (29 U.S.C. 2811 et
seq.)
shall satisfy any condition for an assessment and service
strategy
for an eligible individual under this title.
(c)(1)
The Secretary is authorized to pay a share, but not to exceed
90
percent of the cost of any project which is the subject of
an
agreement entered into under subSection (b) of this Section, except
that
the Secretary is authorized to pay all of the costs of any
such
project which is—
(A)
an emergency or disaster project; or
(B)
a project located in an economically depressed area,
as
determined by the Secretary in consultation with the Secretary
of
Commerce and the Secretary of Health and Human Services.
87 Sec. 502
Older Americans Act OF 1965
(2)
The non-Federal share shall be in cash or in kind. In determining
the
amount of the non-Federal share, the Secretary is
authorized
to attribute fair market value to services and facilities
contributed
from non-Federal sources.
(3)
Of the amount for any project to be paid by the Secretary
under
this subSection, not more than 13.5 percent for any fiscal
year
shall be available for paying the costs of administration for
such
project, except that—
(A)
whenever the Secretary determines that it is necessary
to
carry out the project assisted under this title, based on
information
submitted by the grantee with which the Secretary
has
an agreement under subSection (b), the Secretary may increase
the
amount available for paying the cost of administration
to
an amount not more than 15 percent of the cost of such
project;
and
(B)
whenever the grantee with which the Secretary has an
agreement
under subSection (b) demonstrates to the Secretary
that—
(i)
major administrative cost increases are being incurred
in
necessary program components, including liability
insurance,
payments for workers’ compensation, costs
associated
with achieving unsubsidized placement goals,
and
other operation requirements imposed by the Secretary;
(ii)
the number of employment positions in the project
or
the number of minority eligible individuals participating
in
the project will decline if the amount available for paying
the
cost of administration is not increased; or
(iii)
the size of the project is so small that the amount
of
administrative expenses incurred to carry out the
project
necessarily exceeds 13.5 percent of the amount for
such
project,
the
Secretary shall increase the amount available for the fiscal
year
for paying the cost of administration to an amount not
more
than 15 percent of the cost of such project.
(4)
The costs of administration are the costs, both personnel
and
non-personnel and both direct and indirect, associated with the
following:
(A)
The costs of performing overall general administrative
functions
and providing for the coordination of functions, such
as—
(i)
accounting, budgeting, financial, and cash management
functions;
(ii)
procurement and purchasing functions;
(iii)
property management functions;
(iv)
personnel management functions;
(v)
payroll functions;
(vi)
coordinating the resolution of findings arising from
audits,
reviews, investigations, and incident reports;
(vii)
audit functions;
(viii)
general legal services functions; and
(ix)
developing systems and procedures, including
information
systems, required for these administrative
functions.
88 Sec. 502
Older Americans Act OF 1965
(B)
The costs of performing oversight and monitoring
responsibilities
related to administrative functions.
(C)
The costs of goods and services required for administrative
functions
of the program, including goods and services
such
as rental or purchase of equipment, utilities, office supplies,
postage,
and rental and maintenance of office space.
(D)
The travel costs incurred for official business in carrying
out
administrative activities or overall management.
(E)
The costs of information systems related to administrative
functions
(for example, personnel, procurement, purchasing,
property
management, accounting, and payroll systems)
including
the purchase, systems development, and operating
costs
of such systems.
(5)
To the extent practicable, an entity that carries out a
project
under this title shall provide for the payment of the expenses
described
in paragraph (4) from non-Federal sources.
(6)(A)
Amounts made available for a project under this title
that
are not used to pay for the cost of administration shall be used
to
pay for the costs of programmatic activities, including—
(i)
enrollee wages and fringe benefits (including physical
examinations);
(ii)
enrollee training, which may be provided prior to or
subsequent
to placement, including the payment of reasonable
costs
of instructors, classroom rental, training supplies, materials,
equipment,
and tuition, and which may be provided on
the
job, in a classroom setting, or pursuant to other appropriate
arrangements;
(iii)
job placement assistance, including job development
and
job search assistance;
(iv)
enrollee supportive services to assist an enrollee to
successfully
participate in a project under this title, including
the
payment of reasonable costs of transportation, health care
and
medical services, special job-related or personal counseling,
incidentals
(such as work shoes, badges, uniforms, eyeglasses,
and
tools), child and adult care, temporary shelter, and
followup
services; and
(v)
outreach, recruitment and selection, intake, orientation,
and
assessments.
(B)
Not less than 75 percent of the funds made available
through
a grant made under this title shall be used to pay wages
and
benefits for older individuals who are employed under projects
carried
out under this title.
(d)
Whenever a grantee conducts a project within a planning
and
service area in a State, such grantee shall conduct such project
in
consultation with the area agency on aging of the planning and
service
area and shall submit to the State agency and the area
agency
on aging a description of such project to be conducted in the
State,
including the location of the project, 90 days prior to undertaking
the
project, for review and public comment according to
guidelines
the Secretary shall issue to assure efficient and effective
coordination
of programs under this title.
(e)(1)
The Secretary, in addition to any other authority contained
in
this title, shall conduct projects designed to assure Second
career
training and the placement of eligible individuals in employ-
89 Sec. 503
Older Americans Act OF 1965
ment
opportunities with private business concerns. The Secretary
shall
enter into such agreements with States, public agencies, nonprofit
private
organizations, and private business concerns as may
be
necessary, to conduct the projects authorized by this subSection
to
assure that placement and training. The Secretary, from
amounts
reserved under Section 506(a)(1) in any fiscal year, may
pay
all of the costs of any agreements entered into under the provisions
of
this subSection. The Secretary shall, to the extent feasible,
assure
equitable geographic distribution of projects authorized by
this
subSection.
(2)
The Secretary shall issue, and amend from time to time,
criteria
designed to assure that agreements entered into under
paragraph
(1) of this subSection—
(A)
will involve different kinds of work modes, such as flextime,
job
sharing, and other arrangements relating to reduced
physical
exertion;
(B)
will emphasize projects involving Second careers and
job
placement and give consideration to placement in growth
industries
in jobs reflecting new technological skills; and
(C)
require the coordination of projects carried out under
such
agreements, with the programs carried out under title I
of
the Workforce Investment Act of 1998.
(f
) The Secretary shall, on a regular basis, carry out evaluations
of
the activities authorized under this title, which may include
but
are not limited to projects described in subSection (e).
(42 U.S.C. 3056)
Sec.
503. ADMINISTRATION.
(a)
STATE SENIOR EMPLOYMENT SERVICES
COORDINATION
PLAN.—
(1)
GOVERNOR SUBMITS PLAN.—The Governor of each State
shall
submit annually to the Secretary a State Senior Employment
Services
Coordination Plan, containing such provisions as
the
Secretary may require, consistent with the provisions of
this
title, including a description of the process used to ensure
the
participation of individuals described in paragraph (2).
(2)
RECOMMENDATIONS.—In developing the State plan
prior
to its submission to the Secretary, the Governor shall obtain
the
advice and recommendations of—
(A)
individuals representing the State and area agencies
on
aging in the State, and the State and local
workforce
investment boards established under title I of
the
Workforce Investment Act of 1998 (29 U.S.C. 2801 et
seq.);
(B)
individuals representing public and private nonprofit
agencies
and organizations providing employment
services,
including each grantee operating a project under
this
title in the State; and
(C)
individuals representing social service organizations
providing
services to older individuals, grantees
under
title III of this Act, affected communities, underserved
older
individuals, community-based organizations
serving
the needs of older individuals, business organizations,
and
labor organizations.
90 Sec. 503
Older Americans Act OF 1965
(3)
COMMENTS.—Any State plan submitted by a Governor
in
accordance with paragraph (1) shall be accompanied by copies
of
public comments relating to the plan received pursuant
to
paragraph (4) and a summary thereof.
(4)
PLAN PROVISIONS.—The State Senior Employment Services
Coordination
Plan shall identify and address—
(A)
the relationship that the number of eligible individuals
in
each area bears to the total number of eligible
individuals,
respectively, in that State;
(B)
the relative distribution of individuals residing in
rural
and urban areas within the State;
(C)
the relative distribution of—
(i)
eligible individuals who are individuals with
greatest
economic need;
(ii)
eligible individuals who are minority individuals;
and
(iii)
eligible individuals who are individuals with
greatest
social need;
(e)
The Secretary shall not delegate any function of the Secretary
under
this title to any other department or agency of the
Federal
Government.
(f
)(1) The Secretary shall monitor projects receiving financial
assistance
under this title to determine whether the grantees are
complying
with the provisions of and regulations issued under this
title,
including compliance with the statewide planning, consultation,
and
coordination provisions under this title.
(2)
Each grantee receiving funds under this title shall comply
with
the applicable uniform cost principles and appropriate administrative
requirements
for grants and contracts that are applicable
to
the type of entity receiving funds, as issued as circulars or rules
of
the Office of Management and Budget.
(3)
Each grantee described in paragraph (2) shall prepare and
submit
a report in such manner and containing such information
as
the Secretary may require regarding activities carried out under
this
title.
(4)
Each grantee described in paragraph (2) shall keep records
that—
(A)
are sufficient to permit the preparation of reports required
pursuant
to this title;
(B)
are sufficient to permit the tracing of funds to a level
of
expenditure adequate to ensure that the funds have not
been
spent unlawfully; and
(C)
contain any other information that the Secretary determines
to
be appropriate.
(g)
The Secretary shall establish by regulation and implement
a
process to evaluate the performance of projects and services, pursuant
to
Section 513, carried out under this title. The Secretary
shall
report to Congress and make available to the public the results
of
each such evaluation and use such evaluation to improve
services
delivered, or the operation of projects carried out under
this
title.
(42 U.S.C. 3056a)
91 Sec. 506
Older Americans Act OF 1965
Sec.
504. PARTICIPANTS NOT FEDERAL EMPLOYEES.
(a)
Eligible individuals who are employed in any project funded
under
this title shall not be considered to be Federal employees as
a
result of such employment and shall not be subject to the provisions
of
part III of title 5, United States Code.
(b)
No contract shall be entered into under this title with a
contractor
who is, or whose employees are, under State law,
exempted
from operation of the State workmen’s compensation law,
generally
applicable to employees, unless the contractor shall
undertake
to provide either through insurance by a recognized carrier
or
by self-insurance, as authorized by State law, that the persons
employed
under the contract shall enjoy workmen’s compensation
coverage
equal to that provided by law for covered employment.
(42 U.S.C. 3056b)
Sec.
505. INTERAGENCY COOPERATION.
(a)
The Secretary shall consult with, and obtain the written
views
of, the Assistant Secretary for Aging in the Department of
Health
and Human Services prior to the establishment of rules or
the
establishment of general policy in the administration of this
title.
(b)
The Secretary shall consult and cooperate with the Director
of
the Office of Community Services, the Secretary of Health and
Human
Services, and the heads of other Federal agencies carrying
out
related programs, in order to achieve optimal coordination with
such
other programs. In carrying out the provisions of this Section,
the
Secretary shall promote programs or projects of a similar nature.
Each
Federal agency shall cooperate with the Secretary in
disseminating
information relating to the availability of assistance
under
this title and in promoting the identification and interests of
individuals
eligible for employment in projects assisted under this
title.
(c)(1)
The Secretary shall promote and coordinate carrying out
projects
under this title jointly with programs, projects, or activities
under
other Acts, especially activities provided under the
Workforce
Investment Act of 1998 (29 U.S.C. 2801 et seq.), including
activities
provided through one-stop delivery systems established
under
Section 134(c) of such Act (29 U.S.C. 2864(c)), that
provide
training and employment opportunities to eligible individuals.
(2)
The Secretary shall consult with the Secretary of Education
to
promote and coordinate carrying out projects under this title
jointly
with workforce investment activities in which eligible individuals
may
participate that are carried out under the Carl D. Perkins
Vocational
and Technical Education Act of 1998.
(42 U.S.C. 3056c)
Sec.
506. DISTRIBUTION OF ASSISTANCE.
(a)
RESERVATIONS.—
(1)
RESERVATION FOR PRIVATE EMPLOYMENT PROJECTS.—
From
sums appropriated under this title for each fiscal year,
the
Secretary shall first reserve not more than 1.5 percent of
the
total amount of such sums for the purpose of entering into
92 Sec. 506
Older Americans Act OF 1965
agreements
under Section 502(e), relating to improved transition
to
private employment.
(2)
RESERVATION FOR TERRITORIES.—From sums
appropriated
under
this title for each fiscal year, the Secretary shall
reserve
0.75 percent of the total amount of such sums, of
which—
(A)
Guam, American Samoa, and the United States
Virgin
Islands shall each receive 30 percent; and
(B)
the Commonwealth of the Northern Mariana Islands
shall
receive 10 percent.
(3)
RESERVATION FOR ORGANIZATIONS.—The Secretary
shall
reserve
such sums as may be necessary for national grants
with
public or nonprofit national Indian aging organizations
with
the ability to provide employment services to older Indians
and
with national public or nonprofit Pacific Island and
Asian
American aging organizations with the ability to provide
employment
to older Pacific Island and Asian Americans.
(b)
STATE ALLOTMENTS.—The allotment for
each State shall be
the
sum of the amounts allotted for national grants in such State
under
subSection (d) and for the grant to such State under subSection
(e).
(c)
DIVISION BETWEEN NATIONAL
GRANTS
AND GRANTS
TO
STATES.—From the sums
appropriated to carry out this title for
any
fiscal year that remain after amounts are reserved under paragraphs
(1),
(2), and (3) of subSection (a), the Secretary shall divide
the
remainder between national grants and grants to States, as follows:
(1)
RESERVATION OF FUNDS FOR FISCAL YEAR 2000 LEVEL OF
ACTIVITIES.—The Secretary shall reserve the
amounts necessary
to
maintain the fiscal year 2000 level of activities supported
by
public and private nonprofit agency and organization
grantees
that operate under this title under national grants
from
the Secretary, and the fiscal year 2000 level of activities
supported
by State grantees under this title, in proportion to
their
respective fiscal year 2000 levels of activities. In any fiscal
year
for which the appropriations are insufficient to provide
the
full amounts so required, then such amounts shall be reduced
proportionally.
(2)
FUNDING IN EXCESS OF FISCAL YEAR 2000 LEVEL OF
ACTIVITIES.—
(A)
UP TO $35,000,000.—From the amounts
remaining
after
the application of paragraph (1), the portion of such
remaining
amounts up to the sum of $35,000,000 shall be
divided
so that 75 percent shall be provided to State grantees
and
25 percent shall be provided to public and private
nonprofit
agency and organization grantees that operate
under
this title under national grants from the Secretary.
(B)
OVER $35,000,000.—Any amounts
remaining after
the
application of subparagraph (A) shall be divided so
that
50 percent shall be provided to State grantees and 50
percent
shall be provided to public and private nonprofit
agency
and organization grantees that operate under this
title
under national grants from the Secretary.
93 Sec. 506
Older Americans Act OF 1965
(d)
ALLOTMENTS FOR NATIONAL GRANTS.—From the sums
provided
for
national grants under subSection (c), the Secretary shall
allot
for public and private nonprofit agency and organization
grantees
that operate under this title under national grants from
the
Secretary in each State, an amount that bears the same ratio
to
such sums as the product of the number of persons aged 55 or
over
in the State and the allotment percentage of such State bears
to
the sum of the corresponding product for all States, except as
follows:
(1)
MINIMUM ALLOTMENT.—No State shall be provided an
amount
under this subSection that is less than 1.
2
of 1
percent
of
the amount provided under subSection (c) for public and private
nonprofit
agency and organization grantees that operate
under
this title under national grants from the Secretary in all
of
the States.
(2)
HOLD HARMLESS.—If the amount provided under subSection
(c)
is—
(A)
equal to or less than the amount necessary to
maintain
the fiscal year 2000 level of activities, allotments
for
public and private nonprofit agency and organization
grantees
that operate under this title under national
grants
from the Secretary in each State shall be proportional
to
their fiscal year 2000 level of activities; or
(B)
greater than the amount necessary to maintain the
fiscal
year 2000 level of activities, no State shall be provided
a
percentage increase above the fiscal year 2000
level
of activities for public and private nonprofit agency
and
organization grantees that operate under this title
under
national grants from the Secretary in the State that
is
less than 30 percent of such percentage increase above
the
fiscal year 2000 level of activities for public and private
nonprofit
agency and organization grantees that operate
under
this title under national grants from the Secretary
in
all of the States.
(3)
REDUCTION.—Allotments for States not affected by
paragraphs
(1) and (2)(B) of this subSection shall be reduced
proportionally
to satisfy the conditions in such paragraphs.
(e)
ALLOTMENTS FOR GRANTS TO STATES.—From the sums
provided
for
grants to States under subSection (c), the Secretary shall
allot
for the State grantee in each State an amount that bears the
same
ratio to such sums as the product of the number of persons
aged
55 or over in the State and the allotment percentage of such
State
bears to the sum of the corresponding product for all States,
except
as follows:
(1)
MINIMUM ALLOTMENT.—No State shall be provided an
amount
under this subSection that is less than 1. 2
of 1
percent
of
the amount provided under subSection (c) for State grantees
in
all of the States.
(2)
HOLD HARMLESS.—If the amount provided under subSection
(c)
is—
(A)
equal to or less than the amount necessary to
maintain
the fiscal year 2000 level of activities, allotments
for
State grantees in each State shall be proportional to
their
fiscal year 2000 level of activities; or
94 Sec. 506
Older Americans Act OF 1965
(B)
greater than the amount necessary to maintain the
fiscal
year 2000 level of activities, no State shall be provided
a
percentage increase above the fiscal year 2000
level
of activities for State grantees in the State that is
less
than 30 percent of such percentage increase above the
fiscal
year 2000 level of activities for State grantees in all
of
the States.
(3)
REDUCTION.—Allotments for States not affected by
paragraphs
(1) and (2)(B) of this subSection shall be reduced
proportionally
to satisfy the conditions in such paragraphs.
(f
) ALLOTMENT PERCENTAGE.—For the purposes
of subSections
(d)
and (e)—
(1)
the allotment percentage of each State shall be 100 percent
less
that percentage which bears the same ratio to 50 percent
as
the per capita income of such State bears to the per
capita
income of the United States, except that: (A) the allotment
percentage
shall in no case be more than 75 percent or
less
than 33 percent; and (B) the allotment percentage for the
District
of Columbia and the Commonwealth of Puerto Rico
shall
be 75 percent;
(2)
the number of persons aged 55 or over in any State and
in
all States, and the per capita income in any State and in
all
States, shall be determined by the Secretary on the basis
of
the most satisfactory data available to the Secretary; and
(3)
for the purpose of determining the allotment percentage,
the
term "United States" means the 50 States and the
District
of Columbia.
(g)
DEFINITIONS.—In this Section:
(1)
COST PER AUTHORIZED POSITION.—The term "cost
per
authorized
position" means the sum of—
(A)
the hourly minimum wage rate specified in Section
6(a)(1)
of the Fair Labor Standards Act of 1938 (29 U.S.C.
206(a)(1))
(as amended), multiplied by the number of hours
equal
to the product of 21 hours and 52 weeks;
(B)
an amount equal to 11 percent of the amount
specified
under subparagraph (A), for the purpose of covering
Federal
payments for fringe benefits; and
(C)
an amount determined by the Secretary, for the
purpose
of covering Federal payments for the remainder of
all
other program and administrative costs.
(2)
FISCAL YEAR 2000 LEVEL OF ACTIVITIES.—The term "fiscal
year
2000 level of activities" means—
(A)
with respect to public and private nonprofit agency
and
organization grantees that operate under this title
under
national grants from the Secretary, their level of
activities
for fiscal year 2000, or the amount remaining
after
the application of Section 514(e); and
(B)
with respect to State grantees, their level of activities
for
fiscal year 2000, or the amount remaining after the
application
of Section 514(f ).
(3)
GRANTS TO STATES.—The term "grants to States" means
grants
under this title to the States from the Secretary.
95 Sec. 510
Older Americans Act OF 1965
(4)
LEVEL OF ACTIVITIES.—The term "level of activities"
means
the number of authorized positions multiplied by the
cost
per authorized position.
(5)
NATIONAL GRANTS.—The term "national grants" means
grants
to public and private nonprofit agency and organization
grantees
that operate under this title under national grants
from
the Secretary.
(6)
STATE.—The term "State" does not include Guam,
American
Samoa, the Commonwealth of the Northern Mariana
Islands,
and the United States Virgin Islands.
(42 U.S.C. 3056d)
Sec.
507. EQUITABLE DISTRIBUTION.
(a)
INTERSTATE ALLOCATION.—The Secretary, in
awarding
grants
and contracts under Section 506, shall, to the extent feasible,
assure
an equitable distribution of activities under such
grants
and contracts, in the aggregate, among the States, taking
into
account the needs of underserved States.
(b)
INTRASTATE ALLOCATION.—The amount
allocated for
projects
within each State under Section 506 shall be allocated
among
areas within the State in an equitable manner, taking into
consideration
the State priorities set out in the State plan pursuant
to
Section 503(a).
(42 U.S.C. 3056e)
Sec.
508. REPORT.
In
order to carry out the Secretary’s responsibilities for reporting
in
Section 503(g), the Secretary shall require the State agency
for
each State receiving funds under this title to prepare and submit
a
report at the beginning of each fiscal year on such State’s
compliance
with Section 507(b). Such report shall include the
names
and geographic location of all projects assisted under this
title
and carried out in the State and the amount allocated to each
such
project under Section 506.
(42 U.S.C. 3056f)
Sec.
509. EMPLOYMENT ASSISTANCE AND FEDERAL HOUSING AND
FOOD
STAMP PROGRAMS.
Funds
received by eligible individuals from projects carried out
under
the program established in this title shall not be considered
to
be income of such individuals for purposes of determining the
eligibility
of such individuals, or of any other persons, to participate
in
any housing program for which Federal funds may be available
or
for any income determination under the Food Stamp Act of
1977.
(42 U.S.C. 3056g)
Sec.
510. ELIGIBILITY FOR WORKFORCE INVESTMENT ACTIVITIES.
Eligible
individuals under this title may be deemed by local
workforce
investment boards established under title I of the
Workforce
Investment Act of 1998 to satisfy the requirements for
receiving
services under such title that are applicable to adults.
(42 U.S.C. 3056h)
96 Sec. 511 OLDER
AMERICANS ACT OF 1965
Sec.
511. TREATMENT OF ASSISTANCE.
Assistance
furnished under this title shall not be construed to
be
financial assistance described in Section 245A(h)(1)(A) of the
Immigration
and Nationality Act (8 U.S.C. 1255A(h)(1)(A)).
(42 U.S.C. 3056i)
Sec.
512. COORDINATION WITH THE WORKFORCE INVESTMENT ACT
OF
1998.
(a)
PARTNERS.—Grantees under this title shall be one-stop
partners
as described in subparagraphs (A) and (B)(vi) of Section
121(b)(1)
of the Workforce Investment Act of 1998 (29 U.S.C.
2841(b)(1))
in the one-stop delivery system established under Section
134(c)
of such Act (29 U.S.C. 2864(c)) for the appropriate local
workforce
investment areas, and shall carry out the responsibilities
relating
to such partners.
(b)
COORDINATION.—In local workforce investment areas where
more
than one grantee under this title provides services, the grantees
shall
coordinate their activities related to the one-stop delivery
system,
and grantees shall be signatories of the memorandum of
understanding
established under Section 121(c) of the Workforce
Investment
Act of 1998 (29 U.S.C. 2841(c)).
(42 U.S.C. 3056j)
Sec.
513. PERFORMANCE.
(a)
MEASURES.—
(1)
ESTABLISHMENT OF MEASURES.—The Secretary shall
establish,
in consultation with grantees, subgrantees, and host
agencies
under this title, States, older individuals, area agencies
on
aging, and other organizations serving older individuals,
performance
measures for each grantee for projects and
services
carried out under this title.
(2)
CONTENT.—
(A)
COMPOSITION OF MEASURES.—The performance
measures
as established by the Secretary and described in
paragraph
(1) shall consist of indicators of performance
and
levels of performance applicable to each indicator. The
measures
shall be designed to promote continuous
improvement
in performance.
(B)
ADJUSTMENT.—The levels of performance described
in
subparagraph (A) applicable to a grantee shall be adjusted
only
with respect to the following factors:
(i)
High rates of unemployment, poverty, or welfare
recipiency
in the areas served by a grantee, relative
to
other areas of the State or Nation.
(ii)
Significant downturns in the areas served by
the
grantee or in the national economy.
(iii)
Significant numbers or proportions of enrollees
with
one or more barriers to employment served
by
a grantee relative to grantees serving other areas
of
the State or Nation.
(C)
PLACEMENT.—For all grantees, the Secretary shall
establish
a measure of performance of not less than 20
percent
(adjusted in accordance with subparagraph (B)) for
placement
of enrollees into unsubsidized public or private
employment
as defined in subSection (c)(2).
97 Sec. 513
Older Americans Act OF 1965
(3)
PERFORMANCE EVALUATION OF PUBLIC OR PRIVATE NONPROFIT
AGENCIES AND ORGANIZATIONS.—The Secretary
shall annually
establish
national performance measures for each public
or
private nonprofit agency or organization that is a grantee
under
this title, which shall be applicable to the grantee without
regard
to whether such grantee operates the program directly
or
through contracts, grants, or agreements with other
entities.
The performance of the grantees with respect to such
measures
shall be evaluated in accordance with Section
514(e)(1)
regarding performance of the grantees on a national
basis,
and in accordance with Section 514(e)(3) regarding the
performance
of the grantees in each State.
(4)
PERFORMANCE EVALUATION OF STATES.—The Secretary
shall
annually establish performance measures for each State
that
is a grantee under this title, which shall be applicable to
the
State grantee without regard to whether such grantee
operates
the program directly or through contracts, grants, or
agreements
with other entities. The performance of the State
grantees
with respect to such measures shall be evaluated in
accordance
with Section 514(f ).
(5)
LIMITATION.—An agreement to be evaluated on the
performance
measures
shall be a requirement for application for,
and
a condition of, all grants authorized by this title.
(b)
REQUIRED INDICATORS.—The indicators
described in subSection
(a)
shall include—
(1)
the number of persons served, with particular consideration
given
to individuals with greatest economic need, greatest
social
need, or poor employment history or prospects, and
individuals
who are over the age of 60;
(2)
community services provided;
(3)
placement into and retention in unsubsidized public or
private
employment;
(4)
satisfaction of the enrollees, employers, and their host
agencies
with their experiences and the services provided; and
(5)
any additional indicators of performance that the Secretary
determines
to be appropriate to evaluate services and
performance.
(c)
DEFINITIONS OF INDICATORS.—
(1)
IN GENERAL.—The Secretary, after consultation with
national
and State grantees, representatives of business and
labor
organizations, and providers of services, shall, by regulation,
issue
definitions of the indicators of performance described
in
subSection (b).
(2)
DEFINITIONS OF CERTAIN TERMS.—In this Section:
(A)
PLACEMENT INTO PUBLIC OR PRIVATE UNSUBSIDIZED
EMPLOYMENT.—The term "placement into public
or private
unsubsidized
employment" means full- or part-time paid
employment
in the public or private Sector by an enrollee
under
this title for 30 days within a 90-day period without
the
use of funds under this title or any other Federal or
State
employment subsidy program, or the equivalent of
such
employment as measured by the earnings of an enrollee
through
the use of wage records or other appropriate
methods.
98 Sec. 514
Older Americans Act OF 1965
(B)
RETENTION IN PUBLIC OR PRIVATE UNSUBSIDIZED
EMPLOYMENT.—The term "retention in public or
private
unsubsidized
employment" means full- or part-time paid
employment
in the public or private Sector by an enrollee
under
this title for 6 months after the starting date of
placement
into unsubsidized employment without the use
of
funds under this title or any other Federal or State
employment
subsidy program.
(d)
CORRECTIVE EFFORTS.—A State or other
grantee that does
not
achieve the established levels of performance on the performance
measures
shall submit to the Secretary, for approval, a plan
of
correction as described in subSection (e) or (f ) of Section 514 to
achieve
the established levels of performance.
(42 U.S.C. 3056k)
Sec.
514. COMPETITIVE REQUIREMENTS RELATING TO GRANT
AWARDS.
(a)
PROGRAM AUTHORIZED.—In accordance
with Section 502(b),
the
Secretary shall award grants to eligible applicants to carry out
projects
under this title for a period of 1 year, except that, after the
promulgation
of regulations for this title and the establishment of
the
performance measures required by Section 513(a), the Secretary
shall
award grants for a period of not to exceed 3 years.
(b)
ELIGIBLE APPLICANTS.—An applicant
shall be eligible to receive
a
grant under subSection (a) in accordance with Section
502(b)(1),
and subSections (c) and (d).
(c)
CRITERIA.—The Secretary shall select the eligible applicants
to
receive grants under subSection (a) based on the following:
(1)
The applicant’s ability to administer a program that
serves
the greatest number of eligible individuals, giving particular
consideration
to individuals with greatest economic
need,
greatest social need, poor employment history or prospects,
and
over the age of 60.
(2)
The applicant’s ability to administer a program that
provides
employment for eligible individuals in the communities
in
which such individuals reside, or in nearby communities,
that
will contribute to the general welfare of the community.
(3)
The applicant’s ability to administer a program that
moves
eligible individuals into unsubsidized employment.
(4)
The applicant’s ability to move individuals with multiple
barriers
to employment into unsubsidized employment.
(5)
The applicant’s ability to coordinate with other organizations
at
the State and local level.
(6)
The applicant’s plan for fiscal management of the program
to
be administered with funds received under this Section.
(7)
Any additional criteria that the Secretary deems appropriate
in
order to minimize disruption for current enrollees.
(d)
RESPONSIBILITY TESTS.—
(1)
IN GENERAL.—Before final selection of a grantee, the
Secretary
shall conduct a review of available records to assess
the
applicant’s overall responsibility to administer Federal
funds.
99 Sec. 514
Older Americans Act OF 1965
(2)
REVIEW.—As part of the review described in paragraph
(1),
the Secretary may consider any information, including the
organization’s
history with regard to the management of other
grants.
(3)
FAILURE TO SATISFY TEST.—The failure to satisfy any
one
responsibility test that is listed in paragraph (4), except for
those
listed in subparagraphs (A) and (B) of such paragraph,
does
not establish that the organization is not responsible unless
such
failure is substantial or persistent (for 2 or more conSecutive
years).
(4)
TEST.—The responsibility tests include review of the
following
factors:
(A)
Efforts by the organization to recover debts, after
three
demand letters have been sent, that are established
by
final agency action and have been unsuccessful, or that
there
has been failure to comply with an approved repayment
plan.
(B)
Established fraud or criminal activity of a significant
nature
within the organization.
(C)
Serious administrative deficiencies identified by
the
Secretary, such as failure to maintain a financial management
system
as required by Federal regulations.
(D)
Willful obstruction of the audit process.
(E)
Failure to provide services to applicants as agreed
to
in a current or recent grant or to meet applicable performance
measures.
(F)
Failure to correct deficiencies brought to the grantee’s
attention
in writing as a result of monitoring activities,
reviews,
assessments, or other activities.
(G)
Failure to return a grant closeout package or outstanding
advances
within 90 days of the grant expiration
date
or receipt of closeout package, whichever is later, unless
an
extension has been requested and granted.
(H)
Failure to submit required reports.
(I)
Failure to properly report and dispose of Government
property
as instructed by the Secretary.
(J)
Failure to have maintained effective cash management
or
cost controls resulting in excess cash on hand.
(K)
Failure to ensure that a subrecipient complies
with
its Office of Management and Budget Circular A–133
audit
requirements specified at Section 667.200(b) of title
20,
Code of Federal Regulations.
(L)
Failure to audit a subrecipient within the required
period.
(M)
Final disallowed costs in excess of 5 percent of the
grant
or contract award if, in the judgment of the grant officer,
the
disallowances are egregious findings.
(N)
Failure to establish a mechanism to resolve a subrecipient’s
audit
in a timely fashion.
(5)
DETERMINATION.—Applicants that are determined to be
not
responsible shall not be selected as grantees.
(6)
DISALLOWED COSTS.—Interest on disallowed costs shall
accrue
in accordance with the Debt Collection Improvement
Act
of 1996.
100 Sec. 514
Older Americans Act OF 1965
(e)
NATIONAL PERFORMANCE MEASURES
AND COMPETITION
FOR
PUBLIC
AND PRIVATE
NONPROFIT
AGENCIES
AND ORGANIZATIONS.—
(1)
IN GENERAL.—Not later than 120 days after the end of
each
program year, the Secretary shall determine if each public
or
private nonprofit agency or organization that is a grantee
has
met the national performance measures established pursuant
to
Section 513(a)(3).
(2)
TECHNICAL ASSISTANCE AND CORRECTIVE ACTION
PLAN.—
(A)
IN GENERAL.—If the Secretary determines that a
grantee
fails to meet the national performance measures
for
a program year, the Secretary shall provide technical
assistance
and require such organization to submit a corrective
action
plan not later than 160 days after the end
of
the program year.
(B)
CONTENT.—The plan submitted under subparagraph
(A)
shall detail the steps the grantee will take to
meet
the national performance measures in the next program
year.
(C)
AFTER SecOND YEAR OF FAILURE.—If a grantee
fails
to meet the national performance measures for a Second
conSecutive
program year, the Secretary shall conduct
a
national competition to award, for the first full program
year
following the determination (minimizing, to the extent
possible,
the disruption of services provided to enrollees),
an
amount equal to 25 percent of the funds awarded
to
the grantee for such year.
(D)
COMPETITION AFTER THIRD CONSecUTIVE YEAR OF
FAILURE.—If a grantee fails to meet the national
performance
measures
for a third conSecutive program year, the
Secretary
shall conduct a national competition to award
the
amount of the grant remaining after deduction of the
portion
specified in subparagraph (C) for the first full program
year
following the determination. The eligible applicant
that
receives the grant through the national competition
shall
continue service to the geographic areas formerly
served
by the grantee that previously received the grant.
(3)
COMPETITION REQUIREMENTS FOR PUBLIC AND PRIVATE
NONPROFIT AGENCIES AND ORGANIZATIONS IN A
STATE.—
(A)
IN GENERAL.—In addition to the actions required
under
paragraph (2), the Secretary shall take corrective
action
if the Secretary determines at the end of any program
year
that, despite meeting the established national
performance
measures, a public or private nonprofit
agency
or organization that is a grantee has attained levels
of
performance 20 percent or more below the national
performance
measures with respect to the project carried
out
in a State and has failed to meet the performance
measures
as established by the Secretary for the State
grantee
in such State, and there are not factors, such as
the
factors described in Section 513(a)(2)(B), or size of the
project,
that justify the performance.
(B)
FIRST YEAR OF FAILURE.—After the first program
year
of failure to meet the performance criteria described
101 Sec. 514
Older Americans Act OF 1965
in
subparagraph (A), the Secretary shall require a corrective
action
plan, and may require the transfer of the
responsibility
for the project to other grantees, provide
technical
assistance, and take other appropriate actions.
(C)
SecOND YEAR OF FAILURE.—After the Second conSecutive
program
year of failure to meet the performance
criteria
described in subparagraph (A), the corrective actions
to
be taken by the Secretary may include the transfer
of
the responsibility for a portion or all of the project to a
State
or public or private nonprofit agency or organization,
or
a competition for a portion or all of the funds to carry
out
such project among all eligible entities that meet the
responsibility
tests under Section 514(d) except for the
grantee
that is the subject of the corrective action.
(D)
THIRD YEAR OF FAILURE.—After the third conSecutive
program
year of failure to meet the performance criteria
described
in subparagraph (A), the Secretary shall
conduct
a competition for the funds to carry out such
project
among all eligible entities that meet the responsibility
tests
under Section 514(d) except for the grantee that
is
the subject of the corrective action.
(4)
REQUEST BY GOVERNOR.—Upon the request of the Governor
of
a State for a review of the performance of a public or
private
nonprofit agency or organization within the State, the
Secretary
shall undertake such a review in accordance with the
criteria
described in paragraph (3)(A). If the performance of
such
grantee is not justified under such criteria, the Secretary
shall
take corrective action in accordance with paragraph (3).
(f) PERFORMANCE MEASURES AND COMPETITION
FOR STATES.—
(1)
IN GENERAL.—Not later than 120 days after the end of
the
program year, the Secretary shall determine if a State
grantee
has met the performance measures established pursuant
to
Section 513(a)(4).
(2)
TECHNICAL ASSISTANCE AND CORRECTIVE ACTION
PLAN.—If a State that receives a grant fails to
meet the performance
measures
for a program year, the Secretary shall
provide
technical assistance and require the State to submit a
corrective
action plan not later than 160 days after the end of
the
program year.
(3)
CONTENT.—The plan described in paragraph (2) shall
detail
the steps the State will take to meet the standards.
(4)
FAILURE TO MEET PERFORMANCE MEASURES FOR SecOND
AND THIRD YEARS.—
(A)
AFTER SecOND YEAR OF FAILURE.—If a State fails
to
meet the performance measures for a Second conSecutive
program
year, the Secretary shall provide for the conduct
by
the State of a competition to award, for the first full
program
year following the determination (minimizing, to
the
extent possible, the disruption of services provided to
enrollees),
an amount equal to 25 percent of the funds
available
to the State for such year.
(B)
AFTER THIRD YEAR OF FAILURE.—If the State
fails
to
meet the performance measures for a third conSecutive
program
year, the Secretary shall provide for the conduct
102 Sec. 515
Older Americans Act OF 1965
by
the State of a competition to award the funds allocated
to
the State for the first full program year following the
Secretary’s
determination that the State has not met the
performance
measures.
(42 U.S.C. 3056l)
Sec.
515. AUTHORIZATION OF APPROPRIATIONS.
(a)
There is authorized to be appropriated to carry out this
title—
(1)
$475,000,000 for fiscal year 2001 and such sums as
may
be necessary for fiscal year 2002 through 2005; and
(2)
such additional sums as may be necessary for each
such
fiscal year to enable the Secretary, through programs
under
this title, to provide for at least 70,000 part-time
employment
positions for eligible individuals.
For
purposes of paragraph (2), "part-time employment position"
means
an employment position within a workweek of at least 20
hours.
(b)
Amounts appropriated under this Section for any fiscal year
shall
be available for obligation during the annual period which begins
on
July 1 of the calendar year immediately following the
beginning
of such fiscal year and which ends on June 30 of the following
calendar
year. The Secretary may extend the period during
which
such amounts may be obligated or expended in the case of
a
particular organization or agency receiving funds under this title
if
the Secretary determines that such extension is necessary to ensure
the
effective use of such funds by such organization or agency.
(c)
At the end of the program year, the Secretary may recapture
any
unexpended funds for the program year, and reobligate
such
funds within the 2 succeeding program years for—
(1)
incentive grants;
(2)
technical assistance; or
(3)
grants or contracts for any other program under this
title.
(42 U.S.C. 3056m)
Sec.
516. DEFINITIONS.
In
this title:
(1)
COMMUNITY SERVICE.—The term "community service"
means
social, health, welfare, and educational services (including
literacy
tutoring), legal and other counseling services and
assistance,
including tax counseling and assistance and financial
counseling,
and library, recreational, and other similar
services;
conservation, maintenance, or restoration of natural
resources;
community betterment or beautification; antipollution
and
environmental quality efforts; weatherization activities;
economic
development; and such other services essential
and
necessary to the community as the Secretary, by regulation,
may
prescribe.
(2)
ELIGIBLE INDIVIDUALS.—The term "eligible individuals"
means
an individual who is 55 years old or older, who has a
low
income (including any such individual whose income is not
more
than 125 percent of the poverty guidelines established by
the
Office of Management and Budget), except that, pursuant
to
regulations prescribed by the Secretary, any such individual
103 Sec. 611
Older Americans Act OF 1965
Error in
amendment made by Section 171 of Public Law 100–175. Should strike "(a)".
who
is 60 years old or older shall have priority for the work
opportunities
provided for under this title.
(3)
PACIFIC ISLAND AND ASIAN AMERICANS.—The term
"Pacific
Island
and Asian Americans" means Americans having
origins
in any of the original peoples of the Far East, Southeast
Asia,
the Indian Subcontinent, or the Pacific Islands.
(4)
PROGRAM.—The term "program" means the older American
community
service employment program established
under
this title.
(42 U.S.C. 3056n)
TITLE
VI—GRANTS FOR NATIVE AMERICANS
STATEMENT OF PURPOSE
Sec. 601. It is the
purpose of this title to promote the delivery
of
supportive services, including nutrition services to American Indians,
Alaskan
Natives, and Native Hawaiians that are comparable
to
services provided under title III.
(42 U.S.C. 3057)
SENSE OF CONGRESS
Sec. 602. It is the
sense of the Congress that older individuals
who
are Indians, older individuals who are Alaskan Natives, and
older
individuals who are Native Hawaiians are a vital resource
entitled
to all benefits and services available and that such services
and
benefits should be provided in a manner that preserves and restores
their
respective dignity, self-respect, and cultural identities.
(42 U.S.C. 3057a)
PART
A—INDIAN
PROGRAM
FINDINGS
Sec. 611. (a) The
Congress finds that the older individuals
who
are Indians of the United States—
(1)
are a rapidly increasing population;
(2)
suffer from high unemployment;
(3)
live in poverty at a rate estimated to be as high as 61
percent;
(4)
have a life expectancy between 3 and 4 years less than
the
general population;
(5)
lack sufficient nursing homes, other long-term care
facilities,
and other health care facilities;
(6)
lack sufficient Indian area agencies on aging;
(7)
frequently live in substandard and over-crowded housing;
(8)
receive less than adequate health care;
(9)
are served under this title at a rate of less than 19 percent
of
the total national population of older individuals who
are
Indians living on Indian reservations; and
(10)
are served under title III at a rate of less than 1 percent
of
the total participants under that title.
104 Sec. 612
Older Americans Act OF 1965
(42 U.S.C. 3057b)
ELIGIBILITY
Sec. 612. (a) A tribal
organization of an Indian tribe is eligible
for
assistance under this part only if—
(1)
the tribal organization represents at least 50 individuals
who
are 60 years of age or older; and
(2)
the tribal organization demonstrates the ability to deliver
supportive
services, including nutritional services.
(b)
An Indian tribe represented by an organization specified in
subSection
(a) shall be eligible for only one grant under this part
for
any fiscal year. Nothing in this subSection shall preclude an Indian
tribe
represented by an organization specified in subSection
(a)
from receiving a grant under Section 631.
(c)
For the purposes of this part the terms "Indian tribe" and
"tribal
organization" have the same meaning as in Section 4 of the
Indian
Self-Determination and Education Assistance Act (25 U.S.C.
450b).
(42 U.S.C. 3057c)
GRANTS AUTHORIZED
Sec. 613. The
Assistant Secretary may make grants to eligible
tribal
organizations to pay all of the costs for delivery of supportive
services
and nutrition services for older individuals who are Indians.
(42 U.S.C. 3057d)
APPLICATIONS
Sec. 614. (a) No grant
may be made under this part unless the
eligible
tribal organization submits an application to the Assistant
Secretary
which meets such criteria as the Assistant Secretary may
by
regulation prescribe. Each such application shall—
(1)
provide that the eligible tribal organization will evaluate
the
need for supportive and nutrition services among older
individuals
who are Indians to be represented by the tribal
organizations;
(2)
provide for the use of such methods of administration
as
are necessary for the proper and efficient administration of
the
program to be assisted;
(3)
provide that the tribal organization will make such reports
in
such form and containing such information, as the
Assistant
Secretary may reasonably require, and comply with
such
requirements as the Assistant Secretary may impose to
assure
the correctness of such reports;
(4)
provide for periodic evaluation of activities and projects
carried
out under the application;
(5)
establish objectives consistent with the purposes of this
part
toward which activities under the application will be directed,
identify
obstacles to the attainment of such objectives,
and
indicate the manner in which the tribal organization proposes
to
overcome such obstacles;
(6)
provide for establishing and maintaining information
and
assistance services to assure that older individuals who
105 Sec. 614
Older Americans Act OF 1965
are
Indians to be served by the assistance made available
under
this part will have reasonably convenient access to such
services;
(7)
provide a preference for older individuals who are Indians
for
full or part-time staff positions whenever feasible;
(8)
provide assistance that either directly or by way of
grant
or contract with appropriate entities nutrition services
will
be delivered to older individuals who are Indians represented
by
the tribal organization substantially in compliance
with
the provisions of part C of title III, except that in any
case
in which the need for nutritional services for older individuals
who
are Indians represented by the tribal organization
is
already met from other sources, the tribal organization may
use
the funds otherwise required to be expended under this
paragraph
for supportive services;
(9)
provide that any legal or ombudsman services made
available
to older individuals who are Indians represented by
the
tribal organization will be substantially in compliance with
the
provisions of title III relating to the furnishing of similar
services;
(10)
provide satisfactory assurance that fiscal control and
fund
accounting procedures will be adopted as may be necessary
to
assure proper disbursement of, and accounting for,
Federal
funds paid under this part to the tribal organization,
including
any funds paid by the tribal organization to a recipient
of
a grant or contract; and
(11)
contain assurances that the tribal organization will coordinate
services
provided under this part with services provided
under
title III in the same geographical area.
(b)
For the purpose of any application submitted under this
part,
the tribal organization may develop its own population statistics,
with
approval from the Bureau of Indian Affairs, in order to
establish
eligibility.
(c)(1)
The Assistant Secretary shall approve any application
which
complies with the provisions of subSection (a).
(2)
The Assistant Secretary shall provide waivers and exemptions
of
the reporting requirements of subSection (a)(3) for applicants
that
serve Indian populations in geographically isolated
areas,
or applicants that serve small Indian populations, where the
small
scale of the project, the nature of the applicant, or other factors
make
the reporting requirements unreasonable under the circumstances.
The
Assistant Secretary shall consult with such applicants
in
establishing appropriate waivers and exemptions.
(3)
The Assistant Secretary shall approve any application that
complies
with the provisions of subSection (a), except that in determining
whether
an application complies with the requirements of
subSection
(a)(8), the Assistant Secretary shall provide maximum
flexibility
to an applicant that seeks to take into account subsistence
needs,
local customs, and other characteristics that are appropriate
to
the unique cultural, regional, and geographic needs of the
Indian
populations to be served.
(4)
In determining whether an application complies with the
requirements
of subSection (a)(12), the Assistant Secretary shall require
only
that an applicant provide an appropriate narrative
106 Sec. 614A
Older Americans Act OF 1965
description
of the geographic area to be served and an assurance
that
procedures will be adopted to ensure against duplicate services
being
provided to the same recipients.
(d)
Whenever the Assistant Secretary determines not to approve
an
application submitted under subSection (a) the Assistant
Secretary
shall—
(1)
state objections in writing to the tribal organization
within
60 days after such decision;
(2)
provide to the extent practicable technical assistance to
the
tribal organization to overcome such stated objections; and
(3)
provide the tribal organization with a hearing, under
such
rules and regulations as the Assistant Secretary may prescribe.
(e)
Whenever the Assistant Secretary approves an application
of
a tribal organization under this part, funds shall be awarded for
not
less than 12 months.
(42 U.S.C. 3057e)
Sec.
614A. DISTRIBUTION OF FUNDS AMONG TRIBAL ORGANIZATIONS.
(a)
MAINTENANCE of 1991 AMOUNTS.—Subject to the
availability
of
appropriations to carry out this part, the amount of the
grant
(if any) made under this part to a tribal organization for fiscal
year
1992 and for each subsequent fiscal year shall be not less
than
the amount of the grant made under this part to the tribal
organization
for fiscal year 1991.
(b)
USE OF ADDITIONAL AMOUNTS
APPROPRIATED.—If the funds
appropriated
to carry out this part in a fiscal year subsequent to
fiscal
year 1991 exceed the funds appropriated to carry out this
part
in fiscal year 1991, then the amount of the grant (if any) made
under
this part to a tribal organization for the subsequent fiscal
year
shall be—
(1)
increased by such amount as the Assistant Secretary
considers
to be appropriate, in addition to the amount of any
increase
required by subSection (a), so that the grant equals or
more
closely approaches the amount of the grant made under
this
part to the tribal organization for fiscal year 1980; or
(2)
an amount the Assistant Secretary considers to be sufficient
if
the tribal organization did not receive a grant under
this
part for either fiscal year 1980 or fiscal year 1991.
(42 U.S.C. 3057e–1)
SURPLUS EDUCATIONAL FACILITIES
Sec. 615. (a)
Notwithstanding any other provision of law, the
Secretary
of the Interior through the Bureau of Indian Affairs shall
make
available surplus Indian educational facilities to tribal organizations,
and
nonprofit organizations with tribal approval, for use
as
multipurpose senior centers. Such centers may be altered so as
to
provide extended care facilities, community center facilities,
nutrition
services, child care services, and other supportive services.
(b)
Each eligible tribal organization desiring to take advantage
of
such surplus facilities shall submit an application to the Secretary
of
the Interior at such time and such manner, and con-
107 Sec. 624
Older Americans Act OF 1965
taining
or accompanied by such information, as the Secretary of the
Interior
determines to be necessary to carry out the provisions of
this
Section.
(42 U.S.C. 3057f)
PART
B—NATIVE
HAWAIIAN
PROGRAM
FINDINGS
Sec. 621. The Congress
finds the older Native Hawaiians—
(1)
have a life expectancy 10 years less than any other ethnic
group
in the State of Hawaii;
(2)
rank lowest on 9 of 11 standard health indicies for all
ethnic
groups in Hawaii;
(3)
are often unaware of social services and do not know
how
to go about seeking such assistance; and
(4)
live in poverty at a rate of 34 percent.
(42 U.S.C. 3057g)
ELIGIBILITY
Sec. 622. A public or
nonprofit private organization having the
capacity
to provide services under this part for Native Hawaiians
is
eligible for assistance under this part only if—
(1)
the organization will serve at least 50 individuals who
have
attained 60 years of age or older; and
(2)
the organization demonstrates the ability to deliver
supportive
services, including nutrition services.
(42 U.S.C. 3057h)
GRANTS AUTHORIZED
Sec. 623. The
Assistant Secretary may make grants to public
and
nonprofit private organizations to pay all of the costs for the
delivery
of supportive services and nutrition services to older Native
Hawaiians.
(42 U.S.C. 3057i)
APPLICATION
Sec. 624. (a) No grant
may be made under this part unless the
public
or nonprofit private organization submits an application to
the
Assistant Secretary which meets such criteria as the Assistant
Secretary
may by regulation prescribe. Each such application
shall—
(1)
provide that the organization will evaluate the need for
supportive
and nutrition services among older Native Hawaiians
to
be represented by the organization;
(2)
provide for the use of such methods of administration
as
are necessary for the proper and efficient administration of
the
program to be assisted;
(3)
provide assurances that the organization will coordinate
its
activities with the State agency on aging and with the
activities
carried out under title III in the same geographical
area;
108 Sec. 624A
Older Americans Act OF 1965
(4)
provide that the organization will make such reports in
such
form and containing such information as the Assistant
Secretary
may reasonably require, and comply with such
requirements
as the Assistant Secretary may impose to ensure
the
correctness of such reports;
(5)
provide for periodic evaluation of activities and projects
carried
out under the application;
(6)
establish objectives, consistent with the purpose of this
title,
toward which activities described in the application will
be
directed, identify obstacles to the attainment of such objectives,
and
indicate the manner in which the organization proposes
to
overcome such obstacles;
(7)
provide for establishing and maintaining information
and
assistance services to assure that older Native Hawaiians
to
be served by the assistance made available under this part
will
have reasonably convenient access to such services;
(8)
provide a preference for Native Hawaiians 60 years of
age
and older for full or part-time staff positions wherever feasible;
(9)
provide that any legal or ombudsman services made
available
to older Native Hawaiians represented by the nonprofit
private
organization will be substantially in compliance
with
the provisions of title III relating to the furnishing and
similar
services; and
(10)
provide satisfactory assurance that the fiscal control
and
fund accounting procedures will be adopted as may be necessary
to
assure proper disbursement of, and accounting for,
Federal
funds paid under this part to the nonprofit private
organization,
including any funds paid by the organization to
a
recipient of a grant or contract.
(b)
The Assistant Secretary shall approve any application
which
complies with the provisions of subSection (a).
(c)
Whenever the Assistant Secretary determines not to approve
an
application submitted under subSection (a) the Assistant
Secretary
shall—
(1)
state objections in writing to the nonprofit private organization
within
60 days after such decision;
(2)
provide to the extent practicable technical assistance to
the
nonprofit private organization to overcome such stated
objections;
and
(3)
provide the organization with a hearing under such
rules
and regulations as the Assistant Secretary may prescribe.
(d)
Whenever the Assistant Secretary approves an application
of
a nonprofit private or public organization under this part funds
shall
be awarded for not less than 12 months.
(42 U.S.C. 3057j)
Sec.
624A. DISTRIBUTION OF FUNDS AMONG ORGANIZATIONS.
Subject
to the availability of appropriations to carry out this
part,
the amount of the grant (if any) made under this part to an
organization
for fiscal year 1992 and for each subsequent fiscal
year
shall be not less than the amount of the grant made under
this
part to the organization for fiscal year 1991.
(42 U.S.C. 3057j–1)
109 Sec. 633
Older Americans Act OF 1965
DEFINITION
Sec. 625. For the
purpose of this part, the term "Native Hawaiian"
means
any individual any of whose ancestors were natives
of
the area which consists of the Hawaiian Islands prior to 1778.
(42 U.S.C. 3057k)
PART C—NATIVE AMERICAN CAREGIVER
SUPPORT PROGRAM
Sec.
631. PROGRAM.
(a)
IN GENERAL.—The Assistant Secretary shall
carry out a
program
for making grants to tribal organizations with applications
approved
under parts A and B, to pay for the Federal share
of
carrying out tribal programs, to enable the tribal organizations
to
provide multifaceted systems of the support services described in
Section
373 for caregivers described in Section 373.
(b)
REQUIREMENTS.—In providing services under subSection
(a),
a
tribal organization shall meet the requirements specified for an
area
agency on aging and for a State in the provisions of subSections
(c),
(d), and (e) of Section 373 and of Section 374. For purposes
of
this subSection, references in such provisions to a State
program
shall be considered to be references to a tribal program
under
this part.
(42 U.S.C. 3057k–11)
PART
D—GENERAL
PROVISIONS
ADMINISTRATION
Sec. 641. In
establishing regulations for the purpose of part A
the
Assistant Secretary shall consult with the Secretary of the Interior.
(42 U.S.C. 3057l)
PAYMENTS
Sec. 642. Payments may
be made under this title (after necessary
adjustments,
in the case of grants, on account of previously
made
overpayments or underpayments) in advance or by way of reimbursement
in
such installments and on such conditions as the
Assistant
Secretary may determine.
(42 U.S.C. 3057m)
Sec.
643. AUTHORIZATION OF APPROPRIATIONS.
There
are authorized to be appropriated to carry out this
title—
(1)
for parts A and B, such sums as may be necessary for
fiscal
year 2001, and such sums as may be necessary for subsequent
fiscal
years; and
(2)
for part C, $5,000,000 for fiscal year 2001, and such
sums
as may be necessary for subsequent fiscal years.
(42 U.S.C. 3057n)
110 Sec. 701
Older Americans Act OF 1965
TITLE
VII—ALLOTMENTS FOR VULNERABLE
ELDER
RIGHTS PROTECTION
ACTIVITIES
Subtitle
A—State Provisions
CHAPTER 1—GENERAL
STATE PROVISIONS
Sec.
701. ESTABLISHMENT.
The
Assistant Secretary, acting through the Administration,
shall
establish and carry out a program for making allotments to
States
to pay for the cost of carrying out vulnerable elder rights
protection
activities.
(42 U.S.C. 3058)
Sec.
702. AUTHORIZATION OF APPROPRIATIONS.
(a)
OMBUDSMAN PROGRAM.—There are
authorized to be appropriated
to
carry out chapter 2, such sums as may be necessary for
fiscal
year 2001, and such sums as may be necessary for subsequent
fiscal
years.
(b)
PREVENTION OF ELDER ABUSE, NEGLECT, AND
EXPLOITATION.
—There
are authorized to be appropriated to carry out
chapter
3, such sums as may be necessary for fiscal year 2001, and
such
sums as may be necessary for subsequent fiscal years.
(c)
LEGAL ASSISTANCE DEVELOPMENT
PROGRAM.—There are
authorized
to be appropriated to carry out chapter 4, such sums as
may
be necessary for fiscal year 2001, and such sums as may be
necessary
for subsequent fiscal years.
(42 U.S.C. 3058a)
Sec.
703. ALLOTMENT.
(a)
IN GENERAL.—
(1)
POPULATION.—In carrying out the program described in
Section
701, the Assistant Secretary shall initially allot to each
State,
from the funds appropriated under Section 702 for each
fiscal
year, an amount that bears the same ratio to the funds
as
the population of older individuals in the State bears to the
population
of older individuals in all States.
(2)
MINIMUM ALLOTMENTS.—
(A)
IN GENERAL.—After making the initial allotments
described
in paragraph (1), the Assistant Secretary shall
adjust
the allotments on a pro rata basis in accordance
with
subparagraphs (B) and (C).
(B)
GENERAL MINIMUM ALLOTMENTS.—
(i)
MINIMUM ALLOTMENT FOR STATES.—No State
shall
be allotted less than one-half of 1 percent of the
funds
appropriated under Section 702 for the fiscal
year
for which the determination is made.
(ii)
MINIMUM ALLOTMENT FOR TERRITORIES.—
Guam,
the United States Virgin Islands, and the
Trust
Territory of the Pacific Islands, shall each be allotted
not
less than one-fourth of 1 percent of the
funds
appropriated under Section 702 for the fiscal
111 Sec. 704
Older Americans Act OF 1965
year
for which the determination is made. American
Samoa
and the Commonwealth of the Northern Mariana
Islands
shall each be allotted not less than onesixteenth
of
1 percent of the sum appropriated under
Section
702 for the fiscal year for which the determination
is
made.
(C)
MINIMUM ALLOTMENTS FOR OMBUDSMAN AND ELDER
ABUSE PROGRAMS.—
(i)
OMBUDSMAN PROGRAM.—No State shall be allotted
for
a fiscal year, from the funds appropriated
under
Section 702 and made available to carry out
chapter
2, less than the amount allotted to the State
under
Section 304 in fiscal year 2000 to carry out the
State
Long-Term Care Ombudsman program under
title
III.
(ii)
ELDER ABUSE PROGRAMS.—No State shall be
allotted
for a fiscal year, from the funds appropriated
under
Section 702 and made available to carry out
chapter
3, less than the amount allotted to the State
under
Section 304 in fiscal year 2000 to carry out programs
with
respect to the prevention of elder abuse,
neglect,
and exploitation under title III.
(D)
DEFINITION.—For the purposes of this paragraph,
the
term "State" does not include Guam, American Samoa,
the
United States Virgin Islands, the Trust Territory of
the
Pacific Islands, and the Commonwealth of the Northern
Mariana
Islands.
(b)
REALLOTMENT.—
(1)
IN GENERAL.—If the Assistant Secretary determines
that
any amount allotted to a State for a fiscal year under this
Section
will not be used by the State for carrying out the purpose
for
which the allotment was made, the Assistant Secretary
shall
make the amount available to a State that the
Assistant
Secretary determines will be able to use the amount
for
carrying out the purpose.
(2)
AVAILABILITY.—Any amount made available to a State
from
an appropriation for a fiscal year in accordance with
paragraph
(1) shall, for purposes of this subtitle, be regarded
as
part of the allotment of the State (as determined under subSection
(a))
for the year, but shall remain available until the
end
of the succeeding fiscal year.
(c)
WITHHOLDING.—If the Assistant Secretary finds that any
State
has failed to carry out this title in accordance with the assurances
made
and description provided under Section 705, the Assistant
Secretary
shall withhold the allotment of funds to the State.
The
Assistant Secretary shall disburse the funds withheld directly
to
any public or nonprofit private institution or organization,
agency,
or political subdivision of the State submitting an approved
plan
containing the assurances and description.
(42 U.S.C. 3058b)
Sec.
704. ORGANIZATION.
In
order for a State to be eligible to receive allotments under
this
subtitle—
112 Sec. 705
Older Americans Act OF 1965
(1)
the State shall demonstrate eligibility under Section
305;
(2)
the State agency designated by the State shall demonstrate
compliance
with the applicable requirements of Section
305;
and
(3)
each area agency on aging designated by the State
agency
and participating in such a program shall demonstrate
compliance
with the applicable requirements of Section 305.
(42 U.S.C. 3058c)
Sec.
705. ADDITIONAL STATE PLAN REQUIREMENTS.
(a)
ELIGIBILITY.—In order to be eligible to receive an
allotment
under
this subtitle, a State shall include in the State plan submitted
under
Section 307—
(1)
an assurance that the State, in carrying out any chapter
of
this subtitle for which the State receives funding under
this
subtitle, will establish programs in accordance with the
requirements
of the chapter and this chapter;
(2)
an assurance that the State will hold public hearings,
and
use other means, to obtain the views of older individuals,
area
agencies on aging, recipients of grants under title VI, and
other
interested persons and entities regarding programs carried
out
under this subtitle;
(3)
an assurance that the State, in consultation with area
agencies
on aging, will identify and prioritize statewide activities
aimed
at ensuring that older individuals have access to,
and
assistance in Securing and maintaining, benefits and
rights;
(4)
an assurance that the State will use funds made available
under
this subtitle for a chapter in addition to, and will
not
supplant, any funds that are expended under any Federal
or
State law in existence on the day before the date of the
enactment
of this subtitle, to carry out each of the vulnerable
elder
rights protection activities described in the chapter;
(5)
an assurance that the State will place no restrictions,
other
than the requirements referred to in clauses (i) through
(iv)
of Section 712(a)(5)(C), on the eligibility of entities for designation
as
local Ombudsman entities under Section 712(a)(5);
(6)
an assurance that, with respect to programs for the
prevention
of elder abuse, neglect, and exploitation under
chapter
3—
(A)
in carrying out such programs the State agency
will
conduct a program of services consistent with relevant
State
law and coordinated with existing State adult protective
service
activities for—
(i)
public education to identify and prevent elder
abuse;
(ii)
receipt of reports of elder abuse;
(iii)
active participation of older individuals participating
in
programs under this Act through outreach,
conferences,
and referral of such individuals to
other
social service agencies or sources of assistance if
appropriate
and if the individuals to be referred consent;
and
113 Sec. 706
Older Americans Act OF 1965
(iv)
referral of complaints to law enforcement or
public
protective service agencies if appropriate;
(B)
the State will not permit involuntary or coerced
participation
in the program of services described in subparagraph
(A)
by alleged victims, abusers, or their households;
and
(C)
all information gathered in the course of receiving
reports
and making referrals shall remain confidential
except—
(i)
if all parties to such complaint consent in writing
to
the release of such information;
(ii)
if the release of such information is to a law
enforcement
agency, public protective service agency,
licensing
or certification agency, ombudsman program,
or
protection or advocacy system; or
(iii)
upon court order; and
(7)
a description of the manner in which the State agency
will
carry out this title in accordance with the assurances described
in
paragraphs (1) through (6).
(b)
PRIVILEGE.—Neither a State, nor a State agency, may
require
any
provider of legal assistance under this subtitle to reveal
any
information that is protected by the attorney-client privilege.
(42 U.S.C. 3058d)
Sec.
706. DEMONSTRATION PROJECTS.
(a)
ESTABLISHMENT.—From amounts made available under Section
304(d)(1)(C)
after September 30, 1992, each State may provide
for
the establishment of at least one demonstration project, to be
conducted
by one or more area agencies on aging within the State,
for
outreach to older individuals with greatest economic need with
respect
to—
(1)
benefits available under title XVI of the Social Security
Act
(42 U.S.C. 1381 et seq.) (or assistance under a State program
established
in accordance with such title);
(2)
medical assistance available under title XIX of such Act
(42
U.S.C. 1396 et seq.); and
(3)
benefits available under the Food Stamp Act of 1977 (7
U.S.C.
2011 et seq.).
(b)
BENEFITS.—Each outreach project carried out under subSection
(a)
shall—
(1)
provide to older individuals with greatest economic
need
information and assistance regarding their eligibility to
receive
the benefits and assistance described in paragraphs (1)
through
(3) of subSection (a);
(2)
be carried out in a planning and service area that has
a
high proportion of older individuals with greatest economic
need,
relative to the aggregate number of older individuals in
such
area; and
(3)
be coordinated with State and local entities that administer
benefits
under such titles.
(42 U.S.C. 3058e)
114 Sec. 711
Older Americans Act OF 1965
CHAPTER 2—OMBUDSMAN
PROGRAMS
Sec.
711. DEFINITIONS.
As
used in this chapter:
(1)
OFFICE.—The term "Office" means the office established
in
Section 712(a)(1)(A).
(2)
OMBUDSMAN.—The term "Ombudsman" means the
individual
described
in Section 712(a)(2).
(3)
LOCAL OMBUDSMAN ENTITY.—The term "local Ombudsman
entity"
means an entity designated under Section
712(a)(5)(A)
to carry out the duties described in Section
712(a)(5)(B)
with respect to a planning and service area or
other
substate area.
(4)
PROGRAM.—The term "program" means the State Long-
Term
Care Ombudsman program established in Section
712(a)(1)(B).
(5)
REPRESENTATIVE.—The term "representative" includes
an
employee or volunteer who represents an entity designated
under
Section 712(a)(5)(A) and who is individually designated
by
the Ombudsman.
(6)
RESIDENT.—The term "resident" means an older individual
who
resides in a long-term care facility.
(42 U.S.C. 3058f)
Sec.
712. STATE LONG-TERM CARE OMBUDSMAN PROGRAM.
(a)
ESTABLISHMENT.—
(1)
IN GENERAL.—In order to be eligible to receive an
allotment
under
Section 703 from funds appropriated under Section
702
and made available to carry out this chapter, a State
agency
shall, in accordance with this Section—
(A)
establish and operate an Office of the State Long-
Term
Care Ombudsman; and
(B)
carry out through the Office a State Long-Term
Care
Ombudsman program.
(2)
OMBUDSMAN.—The Office shall be headed by an
individual, to be known as the State Long-Term Care Ombudsman,
who
shall be selected from among individuals with expertise
and
experience in the fields of long-term care and advocacy.
(3)
FUNCTIONS.—The Ombudsman shall serve on a fulltime
basis,
and shall, personally or through representatives of
the
Office—
(A)
identify, investigate, and resolve complaints that—
(i)
are made by, or on behalf of, residents; and
(ii)
relate to action, inaction, or decisions, that
may
adversely affect the health, safety, welfare, or
rights
of the residents (including the welfare and
rights
of the residents with respect to the appointment
and
activities of guardians and representative payees),
of—
(I)
providers, or representatives of providers,
of
long-term care services;
(II)
public agencies; or
(III)
health and social service agencies;
115 Sec. 712
Older Americans Act OF 1965
(B)
provide services to assist the residents in protecting
the
health, safety, welfare, and rights of the residents;
(C)
inform the residents about means of obtaining
services
provided by providers or agencies described in
subparagraph
(A)(ii) or services described in subparagraph
(B);
(D)
ensure that the residents have regular and timely
access
to the services provided through the Office and that
the
residents and complainants receive timely responses
from
representatives of the Office to complaints;
(E)
represent the interests of the residents before governmental
agencies
and seek administrative, legal, and
other
remedies to protect the health, safety, welfare, and
rights
of the residents;
(F)
provide administrative and technical assistance to
entities
designated under paragraph (5) to assist the entities
in
participating in the program;
(G)(i)
analyze, comment on, and monitor the development
and
implementation of Federal, State, and local laws,
regulations,
and other governmental policies and actions,
that
pertain to the health, safety, welfare, and rights of
the
residents, with respect to the adequacy of long-term
care
facilities and services in the State;
(ii)
recommend any changes in such laws, regulations,
policies,
and actions as the Office determines to be appropriate;
and
(iii)
facilitate public comment on the laws, regulations,
policies,
and actions;
(H)(i)
provide for training representatives of the Office;
(ii)
promote the development of citizen organizations,
to
participate in the program; and
(iii)
provide technical support for the development of
resident
and family councils to protect the well-being and
rights
of residents; and
(I)
carry out such other activities as the Assistant Secretary
determines
to be appropriate.
(4)
CONTRACTS AND ARRANGEMENTS.—
(A)
IN GENERAL.—Except as provided in subparagraph
(B),
the State agency may establish and operate the Office,
and
carry out the program, directly, or by contract or other
arrangement
with any public agency or nonprofit private
organization.
(B)
LICENSING AND CERTIFICATION ORGANIZATIONS;
ASSOCIATIONS.—The State agency may not enter
into the
contract
or other arrangement described in subparagraph
(A)
with—
(i)
an agency or organization that is responsible
for
licensing or certifying long-term care services in
the
State; or
(ii)
an association (or an affiliate of such an association)
of
long-term care facilities, or of any other residential
facilities for older individuals.
116 Sec. 712
Older Americans Act OF 1965
Error in
amendment made by Section 701 of Public Law 102–375. Should insert a comma.
(5)
DESIGNATION OF LOCAL OMBUDSMAN ENTITIES AND
REPRESENTATIVES.
(A)
DESIGNATION.—In carrying out the duties of the
Office,
the Ombudsman may designate an entity as a local
Ombudsman
entity, and may designate an employee or
volunteer
to represent the entity.
(B)
DUTIES.—An individual so designated shall, in
accordance
with the policies and procedures established by
the
Office and the State agency—
(i)
provide services to protect the health, safety,
welfare
1 and rights of residents;
(ii)
ensure that residents in the service area of the
entity
have regular, timely access to representatives of
the
program and timely responses to complaints and
requests
for assistance;
(iii)
identify, investigate, and resolve complaints
made
by or on behalf of residents that relate to action,
inaction,
or decisions, that may adversely affect the
health,
safety, welfare, or rights of the residents;
(iv)
represent the interests of residents before government
agencies
and seek administrative, legal, and
other
remedies to protect the health, safety, welfare,
and
rights of the residents;
(v)(I)
review, and if necessary, comment on any
existing
and proposed laws, regulations, and other
government
policies and actions, that pertain to the
rights
and well-being of residents; and
(II)
facilitate the ability of the public to comment
on
the laws, regulations, policies, and actions;
(vi)
support the development of resident and family
councils;
and
(vii)
carry out other activities that the Ombudsman
determines
to be appropriate.
(C)
ELIGIBILITY FOR DESIGNATION.—Entities eligible
to
be
designated as local Ombudsman entities, and individuals
eligible
to be designated as representatives of such
entities,
shall—
(i)
have demonstrated capability to carry out the
responsibilities
of the Office;
(ii)
be free of conflicts of interest and not stand to
gain
financially through an action or potential action
brought
on behalf of individuals the Ombudsman
serves;
(iii)
in the case of the entities, be public or nonprofit
private
entities; and
(iv)
meet such additional requirements as the Ombudsman
may
specify.
(D)
POLICIES AND PROCEDURES.—
(i)
IN GENERAL.—The State agency shall establish,
in
accordance with the Office, policies and procedures
for
monitoring local Ombudsman entities designated
to
carry out the duties of the Office.
117 Sec. 712
Older Americans Act OF 1965
(ii)
POLICIES.—In a case in which the entities are
grantees,
or the representatives are employees, of area
agencies
on aging, the State agency shall develop the
policies
in consultation with the area agencies on
aging.
The policies shall provide for participation and
comment
by the agencies and for resolution of concerns
with
respect to case activity.
(iii)
CONFIDENTIALITY AND DISCLOSURE.—The
State
agency shall develop the policies and procedures
in
accordance with all provisions of this subtitle regarding
confidentiality
and conflict of interest.
(b)
PROCEDURES FOR ACCESS.—
(1)
IN GENERAL.—The State shall ensure that
representatives
of
the Office shall have—
(A)
access to long-term care facilities and residents;
(B)(i)
appropriate access to review the medical and social
records
of a resident, if—
(I)
the representative has the permission of the
resident,
or the legal representative of the resident; or
(II)
the resident is unable to consent to the review
and
has no legal representative; or
(ii)
access to the records as is necessary to investigate
a
complaint if—
(I)
a legal guardian of the resident refuses to give
the
permission;
(II)
a representative of the Office has reasonable
cause
to believe that the guardian is not acting in the
best
interests of the resident; and
(III)
the representative obtains the approval of the
Ombudsman;
(C)
access to the administrative records, policies, and
documents,
to which the residents have, or the general
public
has access, of long-term care facilities; and
(D)
access to and, on request, copies of all licensing
and
certification records maintained by the State with respect
to
long-term care facilities.
(2)
PROCEDURES.—The State agency shall establish
procedures
to
ensure the access described in paragraph (1).
(c)
REPORTING SYSTEM.—The State agency
shall establish a
statewide
uniform reporting system to—
(1)
collect and analyze data relating to complaints and conditions
in
long-term care facilities and to residents for the purpose
of
identifying and resolving significant problems; and
(2)
submit the data, on a regular basis, to—
(A)
the agency of the State responsible for licensing or
certifying
long-term care facilities in the State;
(B)
other State and Federal entities that the Ombudsman
determines
to be appropriate;
(C)
the Assistant Secretary; and
(D)
the National Ombudsman Resource Center established
in
Section 202(a)(21).
(d)
DISCLOSURE.—
(1)
IN GENERAL.—The State agency shall establish
procedures
for
the disclosure by the Ombudsman or local Ombuds-
118 Sec. 712
Older Americans Act OF 1965
man
entities of files maintained by the program, including
records
described in subSection (b)(1) or (c).
(2)
IDENTITY OF COMPLAINANT OR RESIDENT.—The procedures
described
in paragraph (1) shall—
(A)
provide that, subject to subparagraph (B), the files
and
records described in paragraph (1) may be disclosed
only
at the discretion of the Ombudsman (or the person
designated
by the Ombudsman to disclose the files and
records);
and
(B)
prohibit the disclosure of the identity of any complainant
or
resident with respect to whom the Office maintains
such
files or records unless—
(i)
the complainant or resident, or the legal representative
of
the complainant or resident, consents to
the
disclosure and the consent is given in writing;
(ii)(I)
the complainant or resident gives consent
orally;
and
(II)
the consent is documented contemporaneously
in
a writing made by a representative of the Office in
accordance
with such requirements as the State
agency
shall establish; or
(iii)
the disclosure is required by court order.
(e)
CONSULTATION.—In planning and operating the program,
the
State agency shall consider the views of area agencies on aging,
older
individuals, and providers of long-term care.
(f)
CONFLICT OF INTEREST.—The State agency
shall—
(1)
ensure that no individual, or member of the immediate
family
of an individual, involved in the designation of the Ombudsman
(whether
by appointment or otherwise) or the designation
of
an entity designated under subSection (a)(5), is subject
to
a conflict of interest;
(2)
ensure that no officer or employee of the Office, representative
of
a local Ombudsman entity, or member of the
immediate
family of the officer, employee, or representative, is
subject
to a conflict of interest;
(3)
ensure that the Ombudsman—
(A)
does not have a direct involvement in the licensing
or
certification of a long-term care facility or of a provider
of
a long-term care service;
(B)
does not have an ownership or investment interest
(represented
by equity, debt, or other financial relationship)
in
a long-term care facility or a long-term care service;
(C)
is not employed by, or participating in the management
of,
a long-term care facility; and
(D)
does not receive, or have the right to receive, directly
or
indirectly, remuneration (in cash or in kind)
under
a compensation arrangement with an owner or operator
of
a long-term care facility; and
(4)
establish, and specify in writing, mechanisms to identify
and
remove conflicts of interest referred to in paragraphs
(1)
and (2), and to identify and eliminate the relationships described
in
subparagraphs (A) through (D) of paragraph (3), including
such
mechanisms as—
119 Sec. 712
Older Americans Act OF 1965
(A)
the methods by which the State agency will examine
individuals,
and immediate family members, to identify
the
conflicts; and
(B)
the actions that the State agency will require the
individuals
and such family members to take to remove
such
conflicts.
(g)
LEGAL COUNSEL.—The State agency shall ensure
that—
(1)(A)
adequate legal counsel is available, and is able,
without
conflict of interest, to—
(i)
provide advice and consultation needed to protect
the
health, safety, welfare, and rights of residents; and
(ii)
assist the Ombudsman and representatives of the
Office
in the performance of the official duties of the Ombudsman
and
representatives; and
(B)
legal representation is provided to any representative
of
the Office against whom suit or other legal action is brought
or
threatened to be brought in connection with the performance
of
the official duties of the Ombudsman or such a representative;
and
(2)
the Office pursues administrative, legal, and other
appropriate
remedies on behalf of residents.
(h)
ADMINISTRATION.—The State agency shall require the Office
to—
(1)
prepare an annual report—
(A)
describing the activities carried out by the Office
in
the year for which the report is prepared;
(B)
containing and analyzing the data collected under
subSection
(c);
(C)
evaluating the problems experienced by, and the
complaints
made by or on behalf of, residents;
(D)
containing recommendations for—
(i)
improving quality of the care and life of the
residents;
and
(ii)
protecting the health, safety, welfare, and
rights
of the residents;
(E)(i)
analyzing the success of the program including
success
in providing services to residents of board and care
facilities
and other similar adult care facilities; and
(ii)
identifying barriers that prevent the optimal operation
of
the program; and
(F)
providing policy, regulatory, and legislative recommendations
to
solve identified problems, to resolve the
complaints,
to improve the quality of care and life of residents,
to
protect the health, safety, welfare, and rights of
residents,
and to remove the barriers;
(2)
analyze, comment on, and monitor the development
and
implementation of Federal, State, and local laws, regulations,
and
other government policies and actions that pertain
to
long-term care facilities and services, and to the health,
safety,
welfare, and rights of residents, in the State, and recommend
any
changes in such laws, regulations, and policies as
the
Office determines to be appropriate;
120 Sec. 712
Older Americans Act OF 1965
Error in the
amendment made by Section 704(2)(A)(i) of the Older Americans Act Amendments
of 2000 (P.L. 106–501; 114 Stat. 2289) by
striking "(A) not later than 1 year after the
date of enactment of this title,
establish" and inserting "strengthen and update". The amendment
could not be executed because of an
incorrect reference to text.
So in law.
Probably should read "subtitle C of title I of the Developmental Disabilities
Assistance
and Bill of Rights Act of 2000". See the
amendment made by Section 401(b)(9)(D) of the
Developmental Disabilities Assistance and
Bill of Rights Act of 2000 (Public Law 106–402; 114
Stat. 1739).
(3)(A)
provide such information as the Office determines to
be
necessary to public and private agencies, legislators, and
other
persons, regarding—
(i)
the problems and concerns of older individuals residing
in
long-term care facilities; and
(ii)
recommendations related to the problems and concerns;
and
(B)
make available to the public, and submit to the Assistant
Secretary,
the chief executive officer of the State, the State
legislature,
the State agency responsible for licensing or certifying
long-term
care facilities, and other appropriate governmental
entities,
each report prepared under paragraph (1);
(4)(A)
not later than 1 year after the date of the enactment
of
this title, establish procedures for the training of the
representatives
of
the Office, including unpaid volunteers, based
on
model standards established by the Director of the Office of
Long-Term
Care Ombudsman Programs, in consultation with
representatives
of citizen groups, long-term care providers, and
the
Office, that—
(A)
specify a minimum number of hours of initial
training;
(B)
specify the content of the training, including training
relating
to—
(i)
Federal, State, and local laws, regulations, and
policies,
with respect to long-term care facilities in the
State;
(ii)
investigative techniques; and
(iii)
such other matters as the State determines to
be
appropriate; and
(C)
specify an annual number of hours of in-service
training
for all designated representatives;
(5)
prohibit any representative of the Office (other than the
Ombudsman)
from carrying out any activity described in subparagraphs
(A)
through (G) of subSection (a)(3) unless the
representative—
(A)
has received the training required under paragraph
(4);
and
(B)
has been approved by the Ombudsman as qualified
to
carry out the activity on behalf of the Office;
(6)
coordinate ombudsman services with the protection and
advocacy
systems for individuals with developmental disabilities
and
mental illnesses established under—
(A)
subtitle C of the Developmental Disabilities Assistance
and
Bill of Rights Act of 2000 ; and
(B)
the Protection and Advocacy for Mentally Ill Individuals
Act
of 1986 (42 U.S.C. 10801 et seq.);
121 Sec. 721
Older Americans Act OF 1965
(7)
coordinate, to the greatest extent possible, ombudsman
services
with legal assistance provided under Section
306(a)(2)(C),
through adoption of memoranda of understanding
and
other means;
(8)
coordinate services with State and local law enforcement
agencies
and courts of competent jurisdiction; and
(9)
permit any local Ombudsman entity to carry out the
responsibilities
described in paragraph (1), (2), (3), (6), or (7).
(i)
LIABILITY.—The State shall ensure that no
representative of
the
Office will be liable under State law for the good faith performance
of
official duties.
(j)
NONINTERFERENCE.—The State shall—
(1)
ensure that willful interference with representatives of
the
Office in the performance of the official duties of the representatives
(as
defined by the Assistant Secretary) shall be
unlawful;
(2)
prohibit retaliation and reprisals by a long-term care
facility
or other entity with respect to any resident, employee,
or
other person for filing a complaint with, providing information
to,
or otherwise cooperating with any representative of,
the
Office; and
(3)
provide for appropriate sanctions with respect to the
interference,
retaliation, and reprisals.
(42 U.S.C. 3058g)
Sec.
713. REGULATIONS.
The
Assistant Secretary shall issue and periodically update
regulations
respecting—
(1)
conflicts of interest by persons described in paragraphs
(1)
and (2) of Section 712(f); and
(2)
the relationships described in subparagraphs (A)
through
(D) of Section 712(f)(3).
(42 U.S.C. 3058h)
CHAPTER 3—PROGRAMS
FOR PREVENTION OF ELDER
ABUSE, NEGLECT, AND
EXPLOITATION
Sec.
721. PREVENTION OF ELDER ABUSE, NEGLECT, AND EXPLOITATION.
(a)
ESTABLISHMENT.—In order to be eligible to receive an
allotment
under
Section 703 from funds appropriated under Section 702
and
made available to carry out this chapter, a State agency shall,
in
accordance with this Section, and in consultation with area agencies
on
aging, develop and enhance programs for the prevention of
elder
abuse, neglect, and exploitation.
(b)
USE OF ALLOTMENTS.—The State agency
shall use an allotment
made
under subSection (a) to carry out, through the programs
described
in subSection (a), activities to develop, strengthen, and
carry
out programs for the prevention and treatment of elder
abuse,
neglect, and exploitation (including financial exploitation),
including—
(1)
providing for public education and outreach to identify
and
prevent elder abuse, neglect, and exploitation;
(2)
ensuring the coordination of services provided by area
agencies
on aging with services instituted under the State
122 Sec. 721
Older Americans Act OF 1965
adult
protection service program, State and local law enforcement
systems,
and courts of competent jurisdiction;
(3)
promoting the development of information and data
systems,
including elder abuse reporting systems, to quantify
the
extent of elder abuse, neglect, and exploitation in the
State;
(4)
conducting analyses of State information concerning
elder
abuse, neglect, and exploitation and identifying unmet
service,
enforcement, or intervention needs;
(5)
conducting training for individuals, including caregivers
described
in part E of title III, professionals, and paraprofessionals,
in
relevant fields on the identification, prevention,
and
treatment of elder abuse, neglect, and exploitation,
with
particular focus on prevention and enhancement of selfdetermination
and
autonomy;
(6)
providing technical assistance to programs that provide
or
have the potential to provide services for victims of elder
abuse,
neglect, and exploitation and for family members of the
victims;
(7)
conducting special and on-going training, for individuals
involved
in serving victims of elder abuse, neglect, and
exploitation,
on the topics of self-determination, individual
rights,
State and Federal requirements concerning confidentiality,
and
other topics determined by a State agency to be
appropriate;
and
(8)
promoting the development of an elder abuse, neglect,
and
exploitation system—
(A)
that includes a State elder abuse, neglect, and
exploitation
law that includes provisions for immunity, for
persons
reporting instances of elder abuse, neglect, and
exploitation,
from proSecution arising out of such reporting,
under
any State or local law;
(B)
under which a State agency—
(i)
on receipt of a report of known or suspected instances
of
elder abuse, neglect, or exploitation, shall
promptly
initiate an investigation to substantiate the
accuracy
of the report; and
(ii)
on a finding of elder abuse, neglect, or exploitation,
shall
take steps, including appropriate referral,
to
protect the health and welfare of the abused, neglected,
or
exploited older individual;
(C)
that includes, throughout the State, in connection
with
the enforcement of elder abuse, neglect, and exploitation
laws
and with the reporting of suspected instances
of
elder abuse, neglect, and exploitation—
(i)
such administrative procedures;
(ii)
such personnel trained in the special problems
of
elder abuse, neglect, and exploitation prevention
and
treatment;
(iii)
such training procedures;
(iv)
such institutional and other facilities (public
and
private); and
(v)
such related multidisciplinary programs and
services,
123 Sec. 721
Older Americans Act OF 1965
as
may be necessary or appropriate to ensure that the
State
will deal effectively with elder abuse, neglect, and
exploitation
cases in the State;
(D)
that preserves the confidentiality of records in
order
to protect the rights of older individuals;
(E)
that provides for the cooperation of law enforcement
officials,
courts of competent jurisdiction, and State
agencies
providing human services with respect to special
problems
of elder abuse, neglect, and exploitation;
(F)
that enables an older individual to participate in
decisions
regarding the welfare of the older individual, and
makes
the least restrictive alternatives available to an
older
individual who is abused, neglected, or exploited; and
(G)
that includes a State clearinghouse for dissemination
of
information to the general public with respect to—
(i)
the problems of elder abuse, neglect, and
exploitation;
(ii)
the facilities described in subparagraph (C)(iv);
and
(iii)
prevention and treatment methods available
to
combat instances of elder abuse, neglect, and
exploitation.
(c)
APPROACH.—In developing and enhancing programs under
subSection
(a), the State agency shall use a comprehensive approach,
in
consultation with area agencies on aging, to identify and
assist
older individuals who are subject to abuse, neglect, and
exploitation,
including older individuals who live in State licensed
facilities,
unlicensed facilities, or domestic or community-based settings.
(d)
COORDINATION.—In developing and enhancing programs
under
subSection (a), the State agency shall coordinate the programs
with
other State and local programs and services for the
protection
of vulnerable adults, particularly vulnerable older individuals,
including
programs and services such as—
(1)
area agency on aging programs;
(2)
adult protective service programs;
(3)
the State Long-Term Care Ombudsman program established
in
chapter 2;
(4)
protection and advocacy programs;
(5)
facility and long-term care provider licensure and certification
programs;
(6)
medicaid fraud and abuse services, including services
provided
by a State medicaid fraud control unit, as defined in
Section
1903(q) of the Social Security Act (42 U.S.C. 1396b(q));
(7)
victim assistance programs; and
(8)
consumer protection and State and local law enforcement
programs,
as well as other State and local programs that
identify
and assist vulnerable older individuals, and services
provided
by agencies and courts of competent jurisdiction.
(e)
REQUIREMENTS.—In developing and enhancing programs
under
subSection (a), the State agency shall—
(1)
not permit involuntary or coerced participation in such
programs
by alleged victims, abusers, or members of their
households;
124 Sec. 731
Older Americans Act OF 1965
(2)
require that all information gathered in the course of
receiving
a report described in subSection (b)(8)(B)(i), and making
a
referral described in subSection (b)(8)(B)(ii), shall remain
confidential
except—
(A)
if all parties to such complaint or report consent
in
writing to the release of such information;
(B)
if the release of such information is to a law
enforcement
agency, public protective service agency, licensing
or
certification agency, ombudsman program, or
protection
or advocacy system; or
(C)
upon court order; and
(3)
make all reasonable efforts to resolve any conflicts with
other
public agencies with respect to confidentiality of the
information
described in paragraph (2) by entering into memoranda
of
understanding that narrowly limit disclosure of information,
consistent
with the requirement described in paragraph
(2).
(f)
DESIGNATION.—The State agency may designate a State
entity
to carry out the programs and activities described in this
chapter.
(g)
STUDY AND REPORT.—
(1)
STUDY.—The Secretary, in consultation with the
Department
of the Treasury and the Attorney General of the
United
States, State attorneys general, and tribal and local
proSecutors,
shall conduct a study of the nature and extent of
financial
exploitation of older individuals. The purpose of this
study
would be to define and describe the scope of the problem
of
financial exploitation of the elderly and to provide an estimate
of
the number and type of financial transactions considered
to
constitute financial exploitation faced by older individuals.
The
study shall also examine the adequacy of current
Federal
and State legal protections to prevent such exploitation.
(2)
REPORT.—Not later than 18 months after the date of
the
enactment of the Older Americans Act Amendments of
2000,
the Secretary shall submit to Congress a report, which
shall
include—
(A)
the results of the study conducted under this subSection;
and
(B)
recommendations for future actions to combat the
financial
exploitation of older individuals.
(42 U.S.C. 3058i)
CHAPTER 4—STATE
LEGAL ASSISTANCE DEVELOPMENT
PROGRAM
Sec.
731. STATE LEGAL ASSISTANCE DEVELOPMENT.
A
State agency shall provide the services of an individual who
shall
be known as a State legal assistance developer, and the services
of
other personnel, sufficient to ensure—
(1)
State leadership in Securing and maintaining the legal
rights
of older individuals;
(2)
State capacity for coordinating the provision of legal
assistance;
125 Sec. 761
Older Americans Act OF 1965
(3)
State capacity to provide technical assistance, training,
and
other supportive functions to area agencies on aging, legal
assistance
providers, ombudsmen, and other persons, as appropriate;
(4)
State capacity to promote financial management services
to
older individuals at risk of conservatorship;
(5)
State capacity to assist older individuals in understanding
their
rights, exercising choices, benefiting from services
and
opportunities authorized by law, and maintaining the
rights
of older individuals at risk of guardianship; and
(6)
State capacity to improve the quality and quantity of
legal
services provided to older individuals.
(42 U.S.C. 3058j)
Subtitle
B—Native American Organization
Provisions
Sec.
751. NATIVE AMERICAN PROGRAM.
(a)
ESTABLISHMENT.—The Assistant Secretary, acting through
the
Director of the Office for American Indian, Alaskan Native, and
Native
Hawaiian Aging, shall establish and carry out a program
for—
(1)
assisting eligible entities in prioritizing, on a continuing
basis,
the needs of the service population of the entities
relating
to elder rights; and
(2)
making grants to eligible entities to carry out vulnerable
elder
rights protection activities that the entities determine
to
be priorities.
(b)
APPLICATION.—In order to be eligible to receive
assistance
under
this subtitle, an entity shall submit an application to the
Assistant
Secretary, at such time, in such manner, and containing
such
information as the Assistant Secretary may require.
(c)
ELIGIBLE ENTITY.—An entity
eligible to receive assistance
under
this Section shall be—
(1)
an Indian tribe; or
(2)
a public agency, or a nonprofit organization, serving
older
individuals who are Native Americans.
(d)
AUTHORIZATION OF APPROPRIATIONS.—There are
authorized
to
be appropriated to carry out this Section such sums as may be
necessary
for fiscal year 2001, and such sums as may be necessary
for
subsequent fiscal years.
(42 U.S.C. 3058aa)
>Subtitle
C—General Provisions
Sec.
761. DEFINITIONS.
As
used in this title:
(1)
ELDER RIGHT.—The term "elder right" means a right of
an
older individual.
(2)
VULNERABLE ELDER RIGHTS PROTECTION ACTIVITY.—The
term
"vulnerable elder rights protection activity" means an activity
funded
under subtitle A.
January 30, 2001 (12:46 PM)
126 Sec. 762
Older Americans Act OF 1965
(42 U.S.C. 3058bb)
Sec.
762. ADMINISTRATION.
A
State agency may carry out vulnerable elder rights protection
activities
either directly or through contracts or agreements
with
public or nonprofit private agencies or organizations, such
as—
(1)
other State agencies;
(2)
area agencies on aging;
(3)
county governments;
(4)
institutions of higher education;
(5)
Indian tribes; or
(6)
nonprofit service providers or volunteer organizations.
(42 U.S.C. 3058cc)
Sec.
763. TECHNICAL ASSISTANCE.
(a)
OTHER AGENCIES.—In carrying out
the provisions of this
title,
the Assistant Secretary may request the technical assistance
and
cooperation of such Federal entities as may be appropriate.
(b)
ASSISTANT SecRETARY.—The Assistant
Secretary shall provide
technical
assistance and training (by contract, grant, or otherwise)
to
persons and entities that administer programs established
under
this title.
(42 U.S.C. 3058dd)
Sec.
764. AUDITS.
(a)
ACCESS.—The Assistant Secretary, the Comptroller General
of
the United States, and any duly authorized representative of the
Assistant
Secretary or the Comptroller shall have access, for the
purpose
of conducting an audit or examination, to any books, documents,
papers,
and records that are pertinent to financial assistance
received
under this title.
(b)
LIMITATION.—State agencies and area agencies on aging
shall
not request information or data from providers that is not
pertinent
to services furnished under this title or to a payment
made
for the services.
(42 U.S.C. 3058ee)
January 30, 2001 (12:46 PM)