FEDERAL AGENCY CONSULTATION.

SEC. 202. FEDERAL AGENCY CONSULTATION. Title II of the Older Americans Act of 1965 (42 U.S.C. 3011 et seq.) is amended— (1) in section 203(a)(3)(A), by inserting “and older individuals residing in rural areas” after “low-income minority older individuals”; (2) by striking section 204 and inserting the following:114 STAT. 2231 “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 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 (3) in section 205, by striking subsections (c) and (d) and redesignating subsection (e) as subsection (c); (4) by redesignating section 215 as section 216; and (5) by inserting after section 214 the following: “SEC. 215. PENSION COUNSELING AND INFORMATION PROGRAMS. “(a) Definitions.— “(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 H 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; or114 STAT. 2232 “(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. “(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;114 STAT. 2233 “(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 “(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.114 STAT. 2234 “(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 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.”.