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 objecti