Sec. 311 OLDER AMERICANS ACT OF 1965 46 ceive cash payments in lieu of donated foods for all or any portion of its project. In any case in which a State makes such an election, 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 purchase 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. (c)(1)(A) There are authorized to be appropriated $151,000,000 for the fiscal year 1988, $166,000,000 for the fiscal year 1989, $183,000,000 for the fiscal year 1990, and $201,000,000 for the fiscal year 1991, to carry out the provisions of this section (other than subsection (a)(1)). (B) Effective on the first day of the first month beginning after the date of enactment of the Older Americans Act Amendments of 1984, no State may receive reimbursement under the provisions of this section unless the State submits final reimbursement claims for meals within 90 days after the last day of the quarter for which the reimbursement is claimed. (2) In any fiscal year in which compliance with subsection (a)(4) of this section costs more than the amounts authorized under paragraph (1) of this subsection for that fiscal year the Secretary of Agriculture shall reduce the cents per meal level determined pursuant to subsection (a)(4) for that fiscal year as necessary to meet the authorization of appropriations for that fiscal year. (d) 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, and providers may be eligible to participate; and (2) the procedures to be followed to participate in the program. (42 U.S.C. 3030a) As added October 18, 1978, P.L. 95-478, sec. 103(b), 92 Stat. 1533; amended December 29, 1981, P.L. 97-115, sec. 9, 95 Stat. 1600; amended October 9, 1984, P.L. 98-459, sec. 310, 98 Stat. 1779; amended April 1, 1986, P.L. 99-269, sec. 24, 100 Stat. 78; amended November 29, 1987, P.L. 100-175, sec. 122(c), 101 Stat. 933. 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 47 OLDER AMERICANS ACT OF 1965 Sec. 321 (2) the facility ceases to be used for the purposes for which it was acquired (unless the Commissioner 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 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) As added October 18, 1978, P.L. 95-478, sec. 103(b), 92 Stat. 1534. AUDIT SEC. 313. (a) The Commissioner 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) As added October 18, 1978, P.L. 95-478, sec. 103(b), 92 Stat. 1535; amended October 9, 1984, P.L. 98-459, sec. 311, 98 Stat. 1779. PART B-SUPPORTIVE SERVICES AND SENIOR CENTERS PROGRAM AUTHORIZED SEC. 321. (a) The Commissioner 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, or both; (3) services designed to encourage and assist older individuals to use the facilities and services available to them; (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; or (C) to prevent unlawful entry into residences of elderly individuals, through the installation of security devices and through structural modifications or alterations of such residences; (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 client assessment through case management and inte Sec. 321 OLDER AMERICANS ACT OF 1965 48 gration and coordination of community services such as preinstitution evaluation and screening and home health services, homemaker services, shopping services, escort services, reader services, and letter writing services, through resource development and management to assist such individuals to live independently in a home environment; (6) services designed to provide legal assistance and other counseling services and assistance, including tax counseling and assistance, financial counseling, and counseling regarding appropriate health and life insurance coverage, to older individuals; (7) services designed to enable older individuals to attain and maintain physical and mental well-being through programs of regular physical activity and exercise; (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 preretirement and second career counseling for older individuals; (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; (12) services to encourage the employment of older workers, including job counseling and, where appropriate, job development, referral, and placement; (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 older, poor individuals 60 years of age or older 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 Commissioner may determine are necessary or especially appropriate to meet the needs of the older poor and to assure them greater self-sufficiency; (15) services for the prevention of abuse of older individuals in accordance with clause (16) of section 307(a); (16) inservice training and State leadership for legal assistance activities; (17) health and nutrition education services; (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; or (19) any other services; 49 OLDER AMERICANS ACT OF 1965 Sec. 336 if such services meet standards prescribed by the Commissioner and are necessary for the general welfare of older individuals. For purposes of paragraph (5), the term "client assessment through case management" includes providing information relating to assistive technology. (b)(1) The Commissioner 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. (42 U.S.C. 3030d) As added October 18, 1978, P.L. 95-478, sec. 103(b), 92 Stat. 1535; amended December 29, 1981, P.L. 97-115, secs. 3(d), 10(a)-10(c), 95 Stat. 1597, 16001601; amended October 9, 1984, P.L. 98-459, sec. 312, 98 Stat. 1779; amended November 29, 1987, P.L. 100-175, secs. 136(d), 146(b), and 182(m), 101 Stat. 943, 950, 967. PART C-NUTRITION SERVICE Subpart 1-Congregate Nutrition Services PROGRAM AUTHORIZED SEC. 331. The Commissioner 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, 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, each of which assures a minimum of onethird of the daily recommended dietary allowances as established by the Food and Nutrition Board of the National Academy of Sciences-National Research Council; (2) which shall be provided in congregate settings; and (3) which may include nutrition education services and other appropriate nutrition services for older individuals. (42 U.S.C. 3030e) As added October 18, 1978, P.L. 95-478, sec. 103(b), 92 Stat. 1536. Subpart 2-Home Delivered Nutrition Services PROGRAM AUTHORIZED SEC. 336. The Commissioner 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, 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, each of which assures a minimum of one-third of the daily recommended dietary allowances as estab 44-644-91 - 4 Sec. 336 OLDER AMERICANS ACT OF 1965 50 lished by the Food and Nutrition Board of the National Academy of Sciences-National Research Council. (42 U.S.C. 3030f) As added October 18, 1978, P.L. 95-478, sec. 103(b), 92 Stat. 1536. CRITERIA SEC. 337. The Commissioner, in consultation with organizations of and for the aged, blind, and disabled, and with representatives from the American Dietetic 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) As added October 18, 1978, P.L. 95-478, sec. 103(b), 92 Stat. 1536; amended December 29, 1981, P.L. 97-115, sec. 10(e), 95 Stat. 1601; amended November 29, 1987, P.L. 100-175, sec. 182(n), 101 Stat. 967. PART D-IN-HOME SERVICES FOR FRAIL OLDER INDIVIDUALS PROGRAM AUTHORIZED SEC. 341. (a) The Commissioner shall carry out a program for making grants to States under State plans approved under section 307 to provide in-home services to frail older individuals, including in-home supportive services for older individuals who are victims of Alzheimer's disease and related disorders with neurological and organic brain dysfunction, and to the families of such victims. (b) In carrying out the provisions of this part, each area agency shall coordinate with other community agencies and voluntary organizations providing counseling and training for family caregivers and support service personnel in management of care, functional and needs assessment services, assistance with locating, arranging for, and coordinating services, case management, and counseling prior to admission to nursing home to prevent premature institutionalization. (42 U.S.C. 3030h) As added November 29, 1987, P.L. 100-175, sec. 139(d), 101 Stat. 945. DEFINITIONS SEC. 342. For purposes of this part (1) the term "in-home services" includes- (B) visiting and telephone reassurance; (D) in-home respite care for families, and adult day care as a respite service for families; and (E) minor modification of homes that is necessary to facilitate the ability of older individuals to remain at home and that is not available under other programs, except |