ORGANIZATION.

SEC. 306. ORGANIZATION. (a) Planning; Consultation; Low-Income Minority Objectives and focus.— Section 305(a) of the Older Americans Act of 1965 (42 U.S.C. 3025(a)) is amended— (1) by amending paragraph (1)(C) to read as follows: “(C) be primarily responsible for the planning, policy development, administration, coordination, priority setting, and evaluation of all State activities related to the objectives of this Act;”; and (2) in paragraph (2)— (A) by amending subparagraph (C) to read as follows: “(C) in consultation with area agencies, in accordance with guidelines issued by the Commissioner, and using the best available data, develop and publish for review and comment a formula for distribution within the State of funds received under this title that takes into account— “(i) the geographical distribution of older individuals in the State; and “(ii) the distribution among planning and service areas of older individuals with greatest economic need and older individuals with greatest social need, with particular attention to low-income minority older individuals;”; (B) in subparagraph (D) by striking “for review and comment” and inserting “for approval”; (C) in subparagraph (E) by striking “and” at the end; (D) by amending subparagraph (F) to read as follows: “(F) provide assurances that the State agency will require use of outreach efforts described in section 307(a)(24); and”; and (E) by adding at the end the following: “(G) (i) set specific objectives, in consultation with area agencies on aging, for each planning and service area for providing services funded under this title to low-income minority older individuals; “(ii) provide an assurance that the State agency will undertake specific program development, advocacy, and outreach efforts focused on the needs of low-income minority older individuals; and “(iii) provide a description of the efforts described in clause (ii) that will be undertaken by the State agency.”. (b) Procedures; Review of Boundaries.— Section 305(b)(5) of the Older Americans Act of 1965 (42 U.S.C. 3025(b)(5)) is amended by adding at the end the following: “(C) (i) A State agency shall establish and follow appropriate procedures to provide due process to affected parties, if the State agency initiates an action or proceeding to— 106 STAT. 1223 “(I) revoke the designation of the area agency on aging under subsection (a); “(II) designate an additional planning and service area in a State; “(III) divide the State into different planning and services areas; or “(IV) otherwise affect the boundaries of the planning and service areas in the State. “(ii) The procedures described in clause (i) shall include procedures for— “(I) providing notice of an action or proceeding described in clause (i); “(II) documenting the need for the action or proceeding; “(III) conducting a public hearing for the action or proceeding; “(IV) involving area agencies on aging, service providers, and older individuals in the action or proceeding; and “(V) allowing an appeal of the decision of the State agency in the action or proceeding to the Commissioner. “(iii) An adversely affected party involved in an action or proceeding described in clause (i) may bring an appeal described in clause (ii)(V) on the basis of— “(I) the facts and merits of the matter that is the subject of the action or proceeding; or “(II) procedural grounds. “(iv) In deciding an appeal described in clause (ii)(V), the Commissioner may affirm or set aside the decision of the State agency. If the Commissioner sets aside the decision, and the State Agency has taken an action described in sub clauses (I) through I) of clause (i), the State agency shall nullify the action.”.