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Older Americans Act

content

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)


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Additional Topics
* The Center for Social Gerontology (TCSG) Unofficial Compilation of the OAA as amended in 2000 [Off site]
* Full Text of the Older Americans Act from Cornell University's web site [Off site]
* USA.gov for Seniors: Legislation
* Summary of Key Changes in the 2000 Amendments
* 35 Frequently Asked Questions about the 2000 Amendments
* Current OAA Regulations
* Other Information on the Older Americans Act Amendments of 2000
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