II

106TH CONGRESS

1ST SESSION S. 1203

To amend the Older Americans Act of 1965 to extend authorizations of

appropriations for programs under the Act through fiscal year 2004,

to establish a National Family Caregiver Support Program, to modernize

aging programs and services, to address the need to engage in life

course planning, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JUNE 10, 1999

Ms. MIKULSKI (for herself, Mr. FEINGOLD, Mr. DODD, Mrs. MURRAY, and

Mrs. LINCOLN) (by request) introduced the following bill; which was read

twice and referred to the Committee on Health, Education, Labor, and

Pensions

A BILL

To amend the Older Americans Act of 1965 to extend authorizations of appropriations for programs under the

Act through fiscal year 2004, to establish a National

Family Caregiver Support Program, to modernize aging

programs and services, to address the need to engage

in life course planning, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•S 1203 IS

1 SECTION 1. SHORT TITLE; REFERENCES IN ACT; TABLE OF

2 CONTENTS.

3 (a) SHORT TITLE.—This Act may be cited as the

4 ‘‘Older Americans Act Amendments of 1999’’.

5 (b) REFERENCES.—Except where otherwise specifi6 cally provided, references in this Act shall be considered

7 to be made to the Older Americans Act of 1965, or to

8 a section or other provision thereof.

9 (c) TABLE OF CONTENTS.—The table of contents of

10 this Act is as follows:

Sec. 1. Short title; references in Act.

TITLE I—AMENDMENTS TO THE OLDER AMERICANS ACT OF 1965

PART A—ADMINISTRATION ON AGING

Sec. 101. National Eldercare Locator Service.

Sec. 102. Repeal of executed requirements.

Sec. 103. Development of performance outcome measures.

Sec. 104. Federal agency consultation.

Sec. 105. Acceptance of gifts for certain purposes.

Sec. 106. Authorization of appropriations.

PART B—STATE AND COMMUNITY PROGRAMS ON AGING

Sec. 111. Clarification concerning services to non-elderly.

Sec. 112. Reorganization and streamlining of area plan requirements.

Sec. 113. Coordination of services for individuals with disabilities under area

plans.

Sec. 114. Eligibility of older Native Americans for services under area plans.

Sec. 115. Reorganization and streamlining of state plan requirements.

Sec. 116. Health care information systems.

Sec. 117. State option for cost sharing.

Sec. 118. State option concerning consumer-directed services.

Sec. 119. State-area agency service innovation development projects.

Sec. 120. Transfer of funds between programs.

Sec. 121. Availability of disaster relief funds to tribal organizations.

Sec. 122. Nutrition services incentive program.

Sec. 123. Waivers of certain requirements for State programs.

Sec. 124. Consolidation of authorities for supportive services and senior centers.

Sec. 125. Consolidation of authorities for nutrition services.

Sec. 126. National family caregiver support program.

Sec. 127. Authorization of appropriations.
3

•S 1203 IS

PART C—STATE AND LOCAL INNOVATIONS AND PROGRAMS OF NATIONAL

SIGNIFICANCE

Sec. 141. Revision of title IV.

Sec. 142. Authorization of appropriations.

PART D—COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS

Sec. 151. Purposes of projects.

Sec. 152. Program authorized.

Sec. 153. Administration.

Sec. 154. Equitable distribution of assistance.

Sec. 155. Authorization of appropriations.

Sec. 156. Workforce investment activities.

Sec. 157. Additional provisions.

PART E—GRANTS FOR NATIVE AMERICANS

Sec. 161. Limit of one grant per Native American organization.

Sec. 162. Expenditures for nutrition services.

Sec. 163. Authorization of appropriations.

PART F—VULNERABLE ELDER RIGHTS PROTECTION

Sec. 171. Consolidated authorization of appropriations and related amendments.

Sec. 172. Life course planning program.

Sec. 173. Demonstration authority extended to life course planning.

Sec. 174. Amendment of inconsistent provisions concerning assistance program

for insurance and public benefits.

PART G—DEFINITIONS

Sec. 181. Definitions.

PART H—EFFECTIVE DATE

Sec. 191. Effective date.

TITLE II—WHITE HOUSE CONFERENCE ON AGING

Sec. 201. White House Conference authorized.

Sec. 202. Conference administration.

Sec. 203. Policy Committee; related committees.

Sec. 204. Report of the Conference.

Sec. 205. Definitions.

Sec. 206. Authorization of appropriations.
4

•S 1203 IS

1 TITLE I—AMENDMENTS TO THE

2 OLDER AMERICANS ACT OF 1965

3 PART A—ADMINISTRATION ON AGING

4 SEC. 101. NATIONAL ELDERCARE LOCATOR SERVICE.

5 Section 202(a)(24) (42 U.S.C. 3012(a)(24)) is

6 amended to read as follows:

7 ‘‘(24) develop and operate, either directly

8 or through contracts, grants, or cooperative

9 agreements, a National Eldercare Locator Serv10 ice, providing nationwide toll-free information

11 and assistance services to identify community

12 resources for older individuals;’’.

13 SEC. 102. REPEAL OF EXECUTED REQUIREMENTS.

14 (a) STUDY ON TARGETING OF FUNDS.—Section

15 202(a) (42 U.S.C. 3012(a)) is amended—

16 (1) by striking paragraph (27); and

17 (2) by redesignating paragraphs (28) through

18 (30) as paragraphs (27) through (29), respectively.

19 (b) EVALUATION OF NUTRITION SERVICES.—Section

20 206 (42 U.S.C. 3017) is amended—

21 (1) by striking subsection (g); and

22 (2) by redesignating subsection (h) as sub23 section (g).
5

•S 1203 IS

1 SEC. 103. DEVELOPMENT OF PERFORMANCE OUTCOME

2 MEASURES.

3 Section 202 (42 U.S.C. 3012) is amended by adding

4 at the end the following new subsection:

5 ‘‘(f) PERFORMANCE OUTCOME MEASURES.—

6 ‘‘(1) IN GENERAL.—The Assistant Secretary, in

7 accordance with the process described in paragraph

8 (2), shall develop in collaboration with a representa9 tive group of State and area agencies on aging, and

10 publish by December 31, 2000, a set of performance

11 outcome measures to be used for planning, man12 aging, and evaluating activities performed and serv13 ices provided under the Act.

14 ‘‘(2) DEVELOPMENT PROCEDURE.—The process

15 for developing the performance outcome measures

16 described in paragraph (1) shall include—

17 ‘‘(A) a review of such measures currently

18 in use by State and area agencies on aging;

19 ‘‘(B) development of a set of such meas20 ures that provide information about the major

21 activities performed and services provided under

22 this Act;

23 ‘‘(C) pilot testing of the proposed set of

24 such measures, including an identification of re25 source, infrastructure, and data collection

26 issues at the State and local levels; and
6

•S 1203 IS

1 ‘‘(D) evaluation of the pilot test and rec2 ommendations for modification of the proposed

3 measures.’’.

4 SEC. 104. FEDERAL AGENCY CONSULTATION.

5 Section 203(b) (42 U.S.C. 3013(b)) is amended—

6 (1) by striking ‘‘and’’ at the end of paragraph

7 (17);

8 (2) by striking the period at the end of para9 graph (18) and inserting ‘‘; and’’; and

10 (3) by adding at the end the following new

11 paragraph:

12 ‘‘(19) title I of the Workforce Investment Act

13 of 1998.’’.

14 SEC. 105. ACCEPTANCE OF GIFTS FOR CERTAIN PURPOSES.

15 Section 215 (42 U.S.C. 3020f) is amended—

16 (1) in the caption, by striking ‘‘APPROPRIA17 TIONS’’ and inserting ‘‘APPROPRIATIONS; GIFTS.’’;

18 and

19 (2) by adding at the end the following new sub20 section:

21 ‘‘(c) GIFTS.—

22 ‘‘(1) AUTHORITY TO ACCEPT GIFTS.—The As23 sistant Secretary may accept, on behalf of the

24 United States, gifts (in cash or in kind, including

25 voluntary and uncompensated services), which shall
7

•S 1203 IS

1 be available until expended for the purposes specified

2 in paragraph (2). Gifts of cash shall be available in

3 addition to amounts appropriated to carry out this

4 Act.

5 ‘‘(2) USE OF GIFTS.—Gifts accepted pursuant

6 to paragraph (1) may be used either directly, or for

7 grants to or contracts with public or non-profit pri8 vate entities, for the following activities under this

9 title:

10 ‘‘(A) The design and implementation of

11 demonstrations of innovative ideas and best

12 practices in programs and services for older in13 dividuals.

14 ‘‘(B) The planning and conduct of con15 ferences for the purpose of exchange among

16 concerned individuals and public and private

17 entities and organizations of information relat18 ing to programs under this Act and other pro19 grams and services for older individuals.

20 ‘‘(C) The development, publication, and

21 dissemination of informational materials (in

22 print, visual, electronic, or other media) relating

23 to the programs and services under this Act

24 and other matters of concern to older individ25 uals.
8

•S 1203 IS

1 ‘‘(3) ETHICS GUIDELINES.—The Assistant Sec2 retary shall establish written guidelines setting forth

3 the criteria to be used in determining whether the

4 acceptance of gifts or donations pursuant to this

5 paragraph would reflect unfavorably upon the ability

6 of the Administration on Aging, or the Department

7 of Health and Human Services, or any employee to

8 carry out its responsibilities or official duties in a

9 fair and objective manner, or would compromise the

10 integrity or the appearance of integrity of its pro11 grams or of any official involved in those pro12 grams.’’.

13 SEC. 106. AUTHORIZATIONS OF APPROPRIATIONS.

14 (a) FEDERAL COUNCIL ON THE AGING.—Section

15 204(g) (42 U.S.C. 3015(g)) is amended by striking all

16 that follows ‘‘There are authorized to be appropriated’’

17 and inserting ‘‘such sums as may be necessary to carry

18 out this section.’’.

19 (b) ADMINISTRATION ON AGING.—Section 215 (42

20 U.S.C. 3020f) (as amended by section 102) is further

21 amended—

22 (1) by striking ‘‘for the Administration’’ and all

23 that follows and inserting the following:

24 ‘‘for the Administration—

25 ‘‘(1) $16,830,000 for fiscal year 2000; and
9

•S 1203 IS

1 ‘‘(2) such sums as may be necessary for each

2 of the four succeeding fiscal years.’’;

3 (2) by striking subsection (b); and

4 (3) by redesignating subsection (c) (as added by

5 section 102) as subsection (b).

6 PART B—STATE AND COMMUNITY PROGRAMS ON

7 AGING

8 SEC. 111. CLARIFICATION CONCERNING SERVICES TO NON9 ELDERLY.

10 Section 301 (42 U.S.C. 3021) is amended by adding

11 at the end the following new subsection:

12 ‘‘(d) SCOPE OF SERVICES; USE OF FUNDS.—

13 ‘‘(1) RESTRICTED USE OF RESOURCES UNDER

14 THE ACT.—Federal funds paid to States under this

15 title, and cash and in-kind contributions required by

16 section 304(d) as the non-Federal share of expendi17 tures under this title, shall be used only for activities

18 and services to benefit older individuals and other

19 individuals as specifically provided in this title.

20 ‘‘(2) RESTRICTION INAPPLICABLE TO OTHER

21 RESOURCES.—Neither paragraph (1) nor any other

22 provision of this title shall be construed to prohibit

23 State or area agencies on aging from engaging in ac24 tivities or providing services to benefit individuals

25 not described in paragraph (1) using cash or in-kind
10

•S 1203 IS

1 resources from sources not described in paragraph

2 (1).’’.

3 SEC. 112. REORGANIZATION AND STREAMLINING OF AREA

4 PLAN REQUIREMENTS.

5 (a) AREA PLAN REQUIREMENTS.—Section 306(a)

6 (42 U.S.C. 3026(a)) is amended—

7 (1) in the matter preceding paragraph (1), by

8 striking ‘‘Each such plan shall—’’ and inserting

9 ‘‘Each such plan shall comply with the following re10 quirements:’’;

11 (2) in paragraph (1), to read as follows:

12 ‘‘(1) SERVICES PROVIDED.—The plan shall pro13 vide for the furnishing, through a comprehensive

14 and coordinated system, of services the need for

15 which has been determined pursuant to paragraph

16 (3), including—

17 ‘‘(A) supportive services (including at least

18 the service specified in paragraph (2);

19 ‘‘(B) nutrition services; and

20 ‘‘(C) where appropriate, the establishment,

21 maintenance, or construction of multipurpose

22 senior centers.’’;

23 (3) in paragraph (2)—

24 (A) by inserting ‘‘PRIORITY SERVICES.—

25 The plan shall’’ after ‘‘(2)’’;
11

•S 1203 IS

1 (B) by striking ‘‘section 307(a)(22)’’ and

2 inserting ‘‘section 307(a)(2)’’;

3 (C) by striking ‘‘and specify annually in

4 such plan, as submitted or as amended’’ and in5 serting ‘‘and assurances that the area agency

6 will report annually to the State agency’’; and

7 (D) by striking the semicolon at the end

8 and inserting a period;

9 (4) by striking paragraphs (3) (designation of

10 focal points for service delivery in each community)

11 and (4) (information and assistance services);

12 (5) by inserting after paragraph (2) the fol13 lowing new paragraph:

14 ‘‘(3) DETERMINATION OF NEEDS.—The plan

15 shall provide for determining the extent of need for

16 the services specified in paragraphs (1) and (2) in

17 the area taking into consideration, among other

18 things—

19 ‘‘(A) the numbers of older individuals re20 siding in such area—

21 ‘‘(i) who have low incomes;

22 ‘‘(ii) who have greatest economic need

23 (with particular attention to low-income

24 minority individuals);
12

•S 1203 IS

1 ‘‘(iii) who have greatest social need

2 (with particular attention to low-income

3 minority individuals); or

4 ‘‘(iv) who are Native Americans; and

5 ‘‘(B) the effectiveness of use of resources

6 (including efforts of volunteers and voluntary

7 organizations) in meeting such need.’’;

8 (6) by redesignating paragraph (5) as para9 graph (4), and amending the paragraph—

10 (A) by inserting ‘‘OBJECTIVES FOR SERV11 ICES TO OLDER INDIVIDUALS WITH GREATEST

12 NEED.—The plan shall’’ after ‘‘(4)’’; and

13 (B) by striking the semicolon at the end

14 and inserting a period;

15 (7) in paragraph (6)—

16 (A) by inserting ‘‘POLICY DEVELOP17 MENT.—The plan shall—’’ after ‘‘(6)’’;

18 (B) by striking subparagraphs (A) (evalua19 tions and public hearings) and (B) (technical

20 assistance to providers);

21 (C) by relocating and redesignating sub22 paragraph (D) as subparagraph (A);

23 (D) by relocating and redesignating sub24 paragraph (F) as subparagraph (B);
13

•S 1203 IS

1 (E) by relocating and redesignating sub2 paragraph (M) as subparagraph (D);

3 (F) by striking the semicolon at the end of

4 subparagraph (D) (as so redesignated) and in5 serting a period; and

6 (G) by striking subparagraphs (E) (ar7 rangements with specified organizations), (G)

8 (methods for determining priority services), (J)

9 (identification of protective service providers),

10 (L) (coordination of services for Alzheimer’s pa11 tients), (O) (information on higher education),

12 (Q) (coordination with housing providers), (R)

13 (telephone listings of area agencies), and (S)

14 (coordination of transportation services);

15 (8) by striking paragraphs (7) through (10)

16 (assurances that funds will be spent for the purposes

17 awarded);

18 (9) by striking subparagraphs (I) and (K) of

19 paragraph (6) (community-based long-term care

20 services) and inserting after paragraph (6) the fol21 lowing new paragraph:

22 ‘‘(7) COMMUNITY-BASED LONG-TERM CARE

23 SERVICES.—The plan shall provide that the area

24 agency will facilitate the coordination of community25 based, long-term care services designed to enable
14

•S 1203 IS

1 older individuals to remain in their homes, by means

2 including—

3 ‘‘(A) development of case management

4 services as a component of the long-term care

5 services, consistent with the requirements of

6 paragraph (8);

7 ‘‘(B) involvement of long-term care pro8 viders in the coordination of such services; and

9 ‘‘(C) increasing community awareness of

10 and involvement in addressing the needs of resi11 dents of long-term care facilities.’’;

12 (10) by relocating and redesignating paragraph

13 (20) as paragraph (8), and amending such para14 graph by inserting ‘‘PROVISION OF CASE MANAGE15 MENT SERVICES.—The plan shall’’ after ‘‘(8)’’;

16 (11) by redesignating paragraph (11) as para17 graph (9), and amending such paragraph—

18 (A) by inserting ‘‘MAINTENANCE OF EF19 FORT FOR OMBUDSMAN PROGRAM.—The plan

20 shall’’ after ‘‘(9)’’;

21 (B) by striking ‘‘section 307(a)(12)’’ and

22 inserting ‘‘section 307(a)(9)’’; and

23 (C) by striking the semicolon at the end

24 and inserting a period;
15

•S 1203 IS

1 (12) by redesignating and relocating paragraph

2 (6)(P) as paragraph (10), and amending such

3 paragraph—

4 (A) by inserting ‘‘GRIEVANCE PROCE5 DURE.—The plan shall’’ after ‘‘(10)’’; and

6 (B) by striking the semicolon and inserting

7 a period;

8 (13) by striking paragraphs (6)(N), (18), and

9 (19), and inserting after paragraph (10) the fol10 lowing paragraph:

11 ‘‘(11) SERVICES TO NATIVE AMERICANS.—The

12 plan shall provide the following assurances con13 cerning services to older Native Americans:

14 ‘‘(A) If there is a significant population of

15 older individuals who are Native Americans in

16 the area, the area agency will pursue activities,

17 including outreach, to increase access of such

18 individuals to programs and benefits under this

19 title.

20 ‘‘(B) The area agency will, to the max21 imum extent practicable, coordinate the services

22 it provides under this title with services pro23 vided under title VI.’’;

24 (14) by striking paragraph (12) (area option

25 concerning volunteer services coordinator);
16

•S 1203 IS

1 (15) by striking paragraphs (13) through (16)

2 (description of and assurances concerning activities

3 of area agency);

4 (16) by striking paragraph (17); and

5 (17) by striking paragraph (6)(H), and insert6 ing after paragraph (11) the following new para7 graph:

8 ‘‘(12) COORDINATION WITH PROGRAMS OF

9 OTHER AGENCIES.—The plan shall provide that the

10 area agency on aging will establish procedures for

11 coordination with entities conducting other Federal

12 or Federally assisted programs for older individuals

13 at the local level, with particular emphasis on enti14 ties conducting programs described in section 203(b)

15 within the area.’’.

16 (b) STATE WAIVERS.—Section 306(b) (42 U.S.C.

17 3026(b)) is amended—

18 (1) by striking paragraph (2) (procedural re19 quirements for State agency waivers to area agen20 cies); and

21 (2) by striking ‘‘(1)’’ after ‘‘(b)’’.
17

•S 1203 IS

1 SEC. 113. COORDINATION OF SERVICES FOR INDIVIDUALS

2 WITH DISABILITIES UNDER AREA PLANS.

3 Section 306(a) (42 U.S.C. 3026(a)) (as amended by

4 section 112 of this Act) is further amended by inserting

5 after paragraph (4) the following new paragraph:

6 ‘‘(5) COORDINATION OF SERVICES FOR INDIVID7 UALS WITH DISABILITIES.—The plan shall provide

8 assurances that the area agency on aging will coordi9 nate planning, identification, assessment of needs,

10 and services for older individuals with disabilities,

11 with particular attention to individuals with severe

12 disabilities, with agencies that develop or provide

13 services for individuals with disabilities.’’.

14 SEC. 114. ELIGIBILITY OF OLDER INDIANS FOR SERVICES

15 UNDER AREA PLANS.

16 (a) UNDER AREA PLANS.—Section 306(a)(11) (42

17 U.S.C. 3026(a)(11)) (as added by section 112) is amended

18 by adding at the end the following new subparagraph:

19 ‘‘(C) Notwithstanding any provision of this

20 Act restricting eligibility for services to individ21 uals aged 60 or older, the area agency will

22 make services under the area plan available, to

23 the same extent as such services are available

24 to older individuals within the service area, to

25 older Indians eligible for services under an ap26 proved plan under title VI.’’.
18

•S 1203 IS

1 (b) UNDER GRANTS FOR INDIANS.—Sections 602,

2 611, 613, and 614 (42 U.S.C. 3057a. 3057b, 3057d, and

3 3057e, respectively) are each amended by striking ‘‘indi4 viduals who are’’ each place it appears.

5 SEC. 115. REORGANIZATION AND STREAMLINING OF STATE

6 PLAN REQUIREMENTS.

7 Section 307(a) (42 U.S.C. 3027(a)) is amended—

8 (1) by striking paragraphs (1) and (2) and in9 serting the following:

10 ‘‘(1) AREA PLANS.—The plan shall—

11 ‘‘(A) require each area agency designated

12 under section 305(a)(2)(A) to develop and sub13 mit to the State agency for approval, in accord14 ance with a uniform format developed by the

15 State agency, an area plan meeting the require16 ments of section 306; and

17 ‘‘(B) be based on such area plans.’’;

18 (2) by striking paragraphs (3)(A) (evaluation of

19 need for services), (9) (information and assistance

20 services), and (22) (funding shares for priority serv21 ices), and amending paragraph (2) to read as fol22 lows:

23 ‘‘(2) DETERMINATION OF SERVICE NEEDS.—

24 The plan shall provide that the State agency will—
19

•S 1203 IS

1 ‘‘(A) evaluate, using uniform procedures

2 under section 202(a)(29), the need for sup3 portive services (including legal assistance, in4 formation and assistance, and transportation

5 services), nutrition services, and multipurpose

6 senior centers within the State;

7 ‘‘(B) determine the extent to which exist8 ing public or private programs and resources

9 (including volunteers and programs and services

10 of voluntary organizations) meet such need; and

11 ‘‘(C) specify a minimum percentage of the

12 funds received by each area agency for part B

13 to be expended (unless waived by the State

14 agency under section 306(b)) (42 U.S.C.

15 3026(b)) by such area agency to provide each

16 of the categories of services specified in section

17 306(a)(2).’’;

18 (3) by striking paragraphs (3)(B) (maintaining

19 rural funding), (29) and (37) (rural services and

20 costs thereof), and (33) (intra-State funding for21 mula), and adding after paragraph (2) the following

22 new paragraph:

23 ‘‘(3) INTRA-STATE FUNDING REQUIREMENTS.—

24 The plan shall—
20

•S 1203 IS

1 ‘‘(A) include (and may not be approved un2 less the Assistant Secretary approves) the state3 ment and demonstration required by para4 graphs (2) and (4) of section 305(d) (con5 cerning intra-State distribution of funds); and

6 ‘‘(B) with respect to services to older indi7 viduals residing in rural areas—

8 ‘‘(i) provide assurances that the State

9 agency will spend for each fiscal year,

10 under this title and titles V and VII, not

11 less than 105 percent of the amount so ex12 pended for fiscal year 1978;

13 ‘‘(ii) identify, for each fiscal year

14 under the plan, the projected costs of pro15 viding such services (including the cost of

16 providing access to such services); and

17 ‘‘(iii) describe the methods used to

18 meet the needs for the such services in the

19 fiscal year preceding the first year to

20 which such plan applies.’’;

21 (4) by striking paragraph (4) (methods of ad22 ministration, personnel standards);

23 (5) by striking paragraph (8) (evaluations and

24 hearings) and inserting after paragraph (3) the fol25 lowing paragraph:
21

•S 1203 IS

1 ‘‘(4) EVALUATIONS.—The plan shall provide

2 that the State agency will conduct periodic evalua3 tions of, and public hearings on, activities and

4 projects carried out in the State under this title and

5 title VII, including evaluations of the effectiveness of

6 outreach and provision of services to individuals with

7 greatest economic need, greatest social need, or dis8 abilities, with particular attention to low-income mi9 nority individuals.’’;

10 (6) by striking paragraph (43) (grievance pro11 cedures) and amending paragraph (5) (hearing for

12 area agencies and providers) to read as follows:

13 ‘‘(5) HEARINGS FOR AREA AGENCIES AND PRO14 VIDERS; GRIEVANCE PROCEDURES.—The plan shall

15 provide that the State agency will—

16 ‘‘(A) afford an opportunity for a hearing

17 upon request, in accordance with published pro18 cedures, to any area agency submitting a plan

19 under this title, or to any provider of (or appli20 cant to provide) services under such a plan; and

21 ‘‘(B) issue guidelines applicable to griev22 ance procedures required by section

23 306(a)(10).’’;

24 (7) in paragraph (6), by inserting ‘‘RE25 PORTS.—’’ after ‘‘(6)’’;
22

•S 1203 IS

1 (8) in paragraph (7)—

2 (A) by inserting ‘‘FISCAL CONTROLS.—’’

3 after ‘‘(7)’’; and

4 (B) by striking subparagraph (C);

5 (9) by redesignating paragraph (10) as para6 graph (8) and amending such paragraph by insert7 ing ‘‘RESTRICTION ON DIRECT PROVISION OF SERV8 ICES.—’’ after ‘‘(8)’’;

9 (10) by striking paragraph (11) (hiring pref10 erence for older individuals and individuals trained

11 in field of aging);

12 (11)(A) by redesignating paragraph (12) as

13 paragraph (9), and amending such paragraph—

14 (i) by inserting ‘‘LONG-TERM CARE OM15 BUDSMAN PROGRAM.—’’ after ‘‘(9)’’; and

16 (ii) by adding before the period ‘‘, and will

17 expend for such purpose not less than the total

18 amount so expended by the State agency in fis19 cal year 1991’’; and

20 (B) by striking paragraph (21);

21 (12) by redesignating paragraph (13) as para22 graph (10), and amending such paragraph—

23 (A) by inserting ‘‘NUTRITION SERV24 ICES.—’’ after ‘‘(10)’’;
23

•S 1203 IS

1 (B) by striking subparagraphs (B) (pri2 mary consideration to congregate meals), (D)

3 (accessibility of congregate meal site), (E) (out4 reach), (H) (grandfathered providers of home5 delivered meals), and (M) (nonfinancial eligi6 bility criteria); and

7 (C)(i) by inserting ‘‘and’’ at the end of

8 subparagraph (K);

9 (ii) by striking ‘‘; and’’ at the end of sub10 paragraph (L) and inserting a period; and

11 (iii) by redesignating subparagraph (C)

12 and the remaining subparagraphs as subpara13 graphs (B) through (H);

14 (13) by striking paragraph (14) (restrictions on

15 use of funds under the Act for acquisition, alter16 ation, or construction of facilities);

17 (14)(A) by redesignating paragraph (15) as

18 paragraph (12), and amending such paragraph—

19 (i) by inserting ‘‘LEGAL ASSISTANCE.—’’

20 after ‘‘(12)’’; and

21 (ii)(I) by striking ‘‘and’’ at the end of sub22 paragraph (D); and

23 (II) by striking the period at the end of

24 subparagraph (E) and inserting ‘‘; and’’; and
24

•S 1203 IS

1 (B)(i) by amending paragraph (18) by striking

2 all that precedes ‘‘assign personnel’’ and inserting

3 ‘‘the State will’’; and

4 (ii) by relocating and redesignating such para5 graph (18) as paragraph (12)(F);

6 (15) by redesignating paragraph (16) as para7 graph (13), and amending such paragraph by insert8 ing ‘‘PREVENTION OF ABUSE.—’’ after ‘‘(13)’’;

9 (16) by striking paragraph (17) (in-service per10 sonnel training);

11 (17) by striking paragraph (19) (guarantees

12 that area agencies may give grants or contracts to

13 providers of education and training services);

14 (18) by redesignating paragraph (20) as para15 graph (14), and amending such paragraph by insert16 ing ‘‘OLDER INDIVIDUALS OF LIMITED ENGLISH17 SPEAKING ABILITY.—’’;

18 (19) by redesignating paragraph (23) as para19 graph (15), and amending such paragraph by insert20 ing ‘‘SPECIAL NEEDS POPULATIONS.—’’ after

21 ‘‘(15)’’;

22 (20) by redesignating paragraph (24) as para23 graph (16), and amending such paragraph by insert24 ing ‘‘OUTREACH.—’’ after ‘‘(16)’’;
25

•S 1203 IS

1 (21) by redesignating paragraph (25) as para2 graph (17), and amending such paragraph by insert3 ing ‘‘OLDER INDIVIDUALS WITH SEVERE DISABIL4 ITIES.—’’ after ‘‘(17)’’;

5 (22) by redesignating paragraph (26) as para6 graph (18), and amending such paragraph—

7 (A) by inserting ‘‘COMMUNITY-BASED

8 SERVICES.—(A) LONG-TERM CARE SERV9 ICES.—’’ after ‘‘(18)’’; and

10 (B) by striking ‘‘section 306(a)(6)(I)’’ and

11 inserting ‘‘section 306(a)(6)(D)’’;

12 (23) by relocating and redesignating paragraph

13 (44) as paragraph (18)(B);

14 (24) by striking paragraph (27) (assurances

15 concerning part D in-home services program);

16 (25) by striking paragraph (28) (assurances

17 concerning part E special needs program);

18 (26) by redesignating paragraph (30) as para19 graph (19), and amending such paragraph by insert20 ing ‘‘TITLE VII PROGRAM.—’’ after ‘‘(19)’’;

21 (27) by striking paragraph (31) (State volun22 teer services coordinator);

23 (28) by redesignating paragraph (32) as para24 graph (20), and amending such paragraph by insert-
26

•S 1203 IS

1 ing ‘‘TECHNICAL ASSISTANCE TO PROVIDERS.—’’

2 after ‘‘(20)’’;

3 (29)(A) by redesignating paragraph (34) as

4 paragraph (21), and amending such paragraph by

5 inserting ‘‘OLDER NATIVE AMERICANS.—(A)’’ after

6 ‘‘(21)’’; and

7 (B) by redesignating subparagraph (A) and (B)

8 of paragraph (35) as clauses (i) and (ii), and redes9 ignating and relocating such paragraph (35) as sub10 paragraph (B) of paragraph (21);

11 (30) by redesignating paragraph (36) as para12 graph (22), and amending such paragraph by insert13 ing ‘‘CASE MANAGEMENT PROVIDERS.—’’ after

14 ‘‘(22)’’;

15 (31) by striking paragraphs (38) and (39) (as16 surances concerning use of funds);

17 (32) by striking paragraph (40) (assurances

18 concerning part G program for inhome caretakers);

19 (33) by striking paragraph (41) (efforts to co20 ordinate services and provide multigenerational ac21 tivities); and

22 (34) by striking paragraph (42) (coordination

23 of transportation services);
27

•S 1203 IS

1 SEC. 116. HEALTH CARE INFORMATION SYSTEMS.

2 Section 307(a) (42 U.S.C. 3027(a)) (as previously

3 amended) is amended by inserting after paragraph (10)

4 the following new paragraph:

5 ‘‘(11) HEALTH CARE INFORMATION, COUN6 SELING, ADVOCACY, AND COORDINATION.—

7 ‘‘(A) ASSURANCE.—The plan shall contain

8 an assurance that the State agency will make

9 demonstrable efforts—

10 ‘‘(i) to develop, arrange for, and oper11 ate a system providing any one or more of

12 the services specified in subparagraph (B);

13 or

14 ‘‘(ii) to coordinate the provision, by

15 another entity or entities within the State,

16 of any one or more of such services.

17 ‘‘(B) SERVICES.—The services which may

18 be provided for under subparagraph (A)

19 include—

20 ‘‘(i) health care information services

21 to assist older individuals to make in22 formed health care choices;

23 ‘‘(ii) counseling of older individuals in

24 the selection of public and private health

25 care benefits, policies, and options;
28

•S 1203 IS

1 ‘‘(iii) a health care ombudsman pro2 gram to provide health care advocacy and

3 assist vulnerable older individuals with

4 health care choices and appeals; and

5 ‘‘(iv) assistance to providers of nutri6 tion and supportive services and providers

7 of acute and chronic health care with re8 spect to identifying and meeting health

9 care needs of older individuals.’’.

10 SEC. 117. STATE OPTION FOR COST SHARING.

11 (a) STATE PLAN REQUIREMENT.—Section 307(a)

12 (42 U.S.C. 3027(a)) (as previously amended) is amended

13 by adding at the end the following new paragraph:

14 ‘‘(23) STATE OPTION FOR COST SHARING.—If

15 the State elects to require cost sharing by recipients

16 of services under the State plan (or to require or

17 permit area agencies on aging to require cost shar18 ing by recipients of services under area plans), the

19 plan shall—

20 ‘‘(A) provide that no cost sharing shall be

21 required for—

22 ‘‘(i) information and assistance, out23 reach, or case management services;

24 ‘‘(ii) ombudsman or other protective

25 services; or
29

•S 1203 IS

1 ‘‘(iii) congregate or home-delivered

2 nutrition services; and

3 ‘‘(B)(i) exempt from cost-sharing require4 ments individuals who declare that they have

5 incomes below a low-income threshold set by the

6 State, and

7 ‘‘(ii) set cost-sharing rates for individuals

8 with incomes above such threshold on a sliding9 fee scale based on income.’’.

10 (b) AREA PLAN REQUIREMENT.—Section 306(a) (42

11 U.S.C. 3026(a)) (as previously amended) is amended by

12 adding at the end the following new paragraph:

13 ‘‘(12) provide assurances that any requirements

14 for cost-sharing by recipients of services under the

15 plan will be consistent with the provisions of the

16 State plan under section 307(a)(23).’’.

17 SEC. 118. STATE OPTION CONCERNING CONSUMER-DI18 RECTED SERVICES.

19 (a) STATE PLAN AMENDMENT.—Section 307(a) (42

20 U.S.C. 3027(a)) (as previously amended by this Act) is

21 further amended by adding at the end the following new

22 paragraph:

23 ‘‘(24) STATE OPTION CONCERNING CONSUMER24 DIRECTED SERVICES.—The plan shall specify—
30

•S 1203 IS

1 ‘‘(A) whether (and if so, with respect to

2 which supportive or nutrition services) the State

3 elects to permit area agencies on aging—

4 ‘‘(i) to provide services to older indi5 viduals through direct contracts with the

6 individuals delivering such services; or

7 ‘‘(ii) to provide vouchers or cash to

8 older individuals to permit such older indi9 viduals to contract with individuals or enti10 ties for the delivery of such services (and,

11 if so, any requirements for the setting of

12 payment rates or amounts);

13 ‘‘(B) the qualifications and other require14 ments that must be met by individuals and enti15 ties providing services under such arrange16 ments; and

17 ‘‘(C) whether (and, if so, the conditions

18 under which) services may be provided to an

19 older individual by a family member under such

20 an arrangement;

21 ‘‘(D) how the State will monitor activities

22 described in subparagraph (A)(ii) to ensure that

23 vouchers or cash are used for the purposes for

24 which they are provided; and
31

•S 1203 IS

1 ‘‘(E) that the State agency will implement

2 procedures necessary to ensure appropriate

3 withholding and crediting of taxes and other

4 amounts from payments to individuals and enti5 ties providing consumer-directed services, in

6 compliance with applicable Federal and State

7 laws.’’.

8 (b) CONFORMING AMENDMENT.—Section 210(b) (42

9 U.S.C. 302a(b)) is amended by inserting ‘‘(including any

10 cash or voucher provided in accordance with section

11 307(a)(24)(A)(ii)’’ before ‘‘may be treated as income or

12 benefits’’.

13 SEC. 119. STATE-AREA AGENCY SERVICE INNOVATION DE14 VELOPMENT PROJECTS.

15 (a) PROJECTS AUTHORIZED.—Section 307 (42

16 U.S.C. 3027) is amended—

17 (1) in subsection (a), as previously amended by

18 this Act, by adding at the end the following new

19 paragraph:

20 ‘‘(25) STATE OPTION FOR SERVICE INNOVATION

21 DEVELOPMENT PROJECTS.—The plan shall state

22 whether the State elects to operate a program under

23 subsection (g), and if so shall provide the informa24 tion required by subsection (g)(2).’’.
32

•S 1203 IS

1 ‘‘(g) SERVICE INNOVATION DEVELOPMENT

2 PROJECTS.—

3 ‘‘(1) PROJECTS AUTHORIZED.—A State agency

4 may elect to implement a project or projects, in col5 laboration with one or more area agencies, to de6 velop, test, and implement innovative, cost-effective

7 methods of delivering to older individuals and their

8 families services that may be provided with funds

9 under this Act.

10 ‘‘(2) STATE PLAN REQUIREMENT.—The State

11 plan shall specify—

12 ‘‘(A) the service innovations to be devel13 oped and tested;

14 ‘‘(B) the area agencies that will partici15 pate;

16 ‘‘(C) the period during which the project

17 will be implemented;

18 ‘‘(D) the methodology to be used to evalu19 ate the results of the demonstration;

20 ‘‘(E) the amount of funds to be used; and

21 ‘‘(F) such other information as the Assist22 ant Secretary may require.

23 ‘‘(3) AVAILABILITY OF FUNDS.—

24 ‘‘(A) IN GENERAL.—The State agency may

25 reserve, from the total amount appropriated for
33

•S 1203 IS

1 a fiscal year under subsections (a) and (b) of

2 section 303 and allotted to the State under sec3 tion 304, up to the greater of 4 percent of such

4 total amount or

5 ‘‘(i) $300,000, in the case of each of

6 the fifty States, the District of Columbia,

7 and the Commonwealth of Puerto Rico;

8 and

9 ‘‘(ii) $50,000, in the case of Guam,

10 the United States Virgin Islands, American

11 Samoa, and the Commonwealth of the

12 Northern Mariana Islands.

13 ‘‘(B) RESTRICTION.—Amounts available

14 under this subsection shall be used only for

15 costs of delivering services, and may not be

16 used for related administrative costs.’’.

17 SEC. 120. TRANSFER OF FUNDS BETWEEN PROGRAMS.

18 (a) STREAMLINING OF GENERAL RULES.—Section

19 308(b) (42 U.S.C. 3028(b)) is amended—

20 (1) in paragraph (4)—

21 (A) by striking ‘‘(A)’’ after ‘‘(4)’’; and

22 (B) by striking subparagraph (B) (Assist23 ant Secretary’s discretion to permit State to

24 transfer additional amounts between congregate

25 and home-delivered meal programs); and
34

•S 1203 IS

1 (2) in paragraph (5) (authority to transfer

2 funds between nutrition and services programs), to

3 read as follows:

4 ‘‘(5) Of the funds received by a State for a fiscal year

5 from funds appropriated under subsections (a)(1), and (b)

6 (1) and (2), of section 303, the State may elect to transfer

7 not more than 20 percent between programs under part

8 B and part C, for use as the State considers appropriate.’’.

9 (b) WAIVER AUTHORITY.—For the Assistant Sec10 retary’s authority to waive limitations on amounts trans11 ferable between programs, see section 123 of this Act,

12 adding a new section 314.

13 SEC. 121. AVAILABILITY OF DISASTER RELIEF FUNDS TO

14 TRIBAL ORGANIZATIONS.

15 Section 310 (42 U.S.C. 3030) is amended—

16 (1) in subsection (a)(1)—

17 (A) by inserting ‘‘(or to any tribal organi18 zation receiving a grant under title VI)’’ after

19 ‘‘any State’’; and

20 (B) by inserting ‘‘(or used by such tribal

21 organization)’’ before ‘‘for the delivery of sup22 portive services’’;

23 (2) in subsection (a)(2), by inserting ‘‘and trib24 al organizations’’ after ‘‘States’’; and
35

•S 1203 IS

1 (3) in subsection (a)(3), by inserting ‘‘or tribal

2 organization’’ after ‘‘State’’ each place it appears;

3 and

4 (4) in subsections (b)(1) and (c), by inserting

5 ‘‘and tribal organizations’’ after ‘‘States’’.

6 SEC. 122. NUTRITION SERVICES INCENTIVE PROGRAM.

7 (a) ADJUSTMENT OF ALLOTMENT FORMULA.—Sec8 tion 311 (42 U.S.C. 3030a) is amended—

9 (1) in the caption, to read: ‘‘NUTRITION SERV10 ICES INCENTIVE PROGRAM’’;

11 (2) by relocating and redesignating subsection

12 (a)(4)(B) as subsection (b)(4);

13 (3) by striking the balance of subsection (a)(4);

14 (4) by redesignating subsections (a), (b), (c),

15 and (d) as subsections (c), (d), (e), and (f), respec16 tively;

17 (5) by inserting after the caption the following

18 new subsections:

19 ‘‘(a) PURPOSE.—The purpose of the program under

20 this section is to enable the Secretary of Agriculture to

21 provide incentives to encourage and reward effective per22 formance by States and tribal organizations in the effi23 cient delivery of nutritious meals to older Americans.

24 ‘‘(b) NUTRITION SERVICES INCENTIVE PAYMENTS.—
36

•S 1203 IS

1 ‘‘(1) IN GENERAL.—The Secretary shall allot

2 any pay, to each State agency with a plan approved

3 under this title for a fiscal year, and to each tribal

4 organization with an application approved under title

5 VI for such fiscal year, an amount bearing the same

6 ratio to the total amount appropriated for such fis7 cal year under subsection (e) as the number of meals

8 served in the State, under such plan approved for

9 the preceding fiscal year (or the number of meals

10 served by the tribal organization, under such appli11 cation approved for such preceding fiscal year),

12 bears to the total number of such meals served in

13 all States and by all tribal organizations under all

14 such plans and applications approved for such pre15 ceding fiscal year.

16 ‘‘(2) CALCULATION OF ALLOTMENT FOR CER17 TAIN TRIBAL ORGANIZATIONS.—For purposes of

18 paragraph (1), in the case of a tribal organization

19 that has a plan approved under title VI for a fiscal

20 year but that did not receive assistance under this

21 section for the preceding fiscal year, the number of

22 meals served by the tribal organization in the pre23 ceding fiscal year shall be deemed to equal the num24 ber of meals that the Assistant Secretary estimates
37

•S 1203 IS

1 will be served by the tribal organization in the cur2 rent fiscal year.’’; and

3 (6) in subsection (e), as redesignated, to read

4 as follows:

5 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—For

6 carrying out the purposes of this section (other than sub7 section (c)(1)), there are authorized to be appropriated

8 $150,000,000 for fiscal year 2000 and such sums as may

9 be necessary for each of the four succeeding fiscal years.’’.

10 (b) ELIMINATION OF MAINTENANCE OF EFFORT.—

11 Section 339A is repealed.

12 SEC. 123. WAIVERS OF CERTAIN REQUIREMENTS FOR

13 STATE PROGRAMS.

14 (a) GENERAL WAVIER AUTHORITY.—Part A of title

15 III (42 U.S.C. 3021 et seq.) is amended by adding at the

16 end the following new section:

17 ‘‘SEC. 315. WAIVERS.

18 ‘‘(a) IN GENERAL.—The Assistant Secretary may

19 waive any of the provisions enumerated in subsection (b)

20 with respect to a State, upon application by the State

21 agency containing or accompanied by documentation suffi22 cient to establish, to the satisfaction of the Assistant Sec23 retary, that—

24 ‘‘(1) approval of the States legislature has been

25 obtained or is not required;
38

•S 1203 IS

1 ‘‘(2) the State agency has consulted with area

2 agencies on aging with respect to the proposal for

3 which waiver is sought;

4 ‘‘(3) such proposal has been made available for

5 public review and comment within the State (and a

6 summary of comments received shall be included

7 with the application); and

8 ‘‘(4) the State agency has given adequate con9 sideration to the probable positive and negative con10 sequences of approval of the waiver application, and

11 the probable benefits for older individuals can rea12 sonably be expected to outweigh any negative con13 sequences, or particular circumstances in the States

14 otherwise justify the waiver.

15 ‘‘(b) REQUIREMENTS SUBJECT TO WAIVER.—The

16 provisions of this title that may be waived under this sec17 tion are—

18 ‘‘(1) any provisions of section 305, 306, 307 re19 quiring statewide uniformity of programs under this

20 title, to the extent necessary to permit demonstra21 tions, in limited areas of a State, of innovative ap22 proaches to assist older individuals;

23 ‘‘(2) any area plan requirement under section

24 306(a);
39

•S 1203 IS

1 ‘‘(3) any State plan requirement under section

2 307(a);

3 ‘‘(4) any restriction, under section 308(b) (4)

4 or (5), on the amount that may be transferred be5 tween programs under part B and part C, or be6 tween programs under subpart 1 and subpart 2 of

7 part C; and

8 ‘‘(5) all or any part of the reduction in allot9 ment required under section 309(c) with respect to

10 a State which reduces expenditures under its State

11 plan (but only to the extent that the non-Federal

12 share of expenditures is not reduced below any min13 imum specified in section 304(d) or any other provi14 sion of this title).

15 ‘‘(c) DURATION OF WAIVER.—The application by a

16 State agency for a waiver under this section shall include

17 a recommendation as to the duration of the waiver (not

18 to exceed the duration of the State plan). The Assistant

19 Secretary, in granting any waiver, shall specify the dura20 tion of the waiver, which may be the duration rec21 ommended by the State agency or such shorter time period

22 as the Assistant Secretary finds appropriate.

23 ‘‘(d) REPORTS TO SECRETARY.—The State agency

24 shall make to the Assistant Secretary, with respect to each

25 waiver granted under this section, not later than one year
40

•S 1203 IS

1 after the expiration of such waiver, and at any times dur2 ing the waiver period that the Assistant Secretary may

3 require, concerning the impact of the waiver on the oper4 ation and effectiveness of programs and services under

5 this title in the State.’’.

6 (b) CONFORMING AMENDMENTS.—

7 (1) Section 207(a) (42 U.S.C. 3018(a)) is

8 amended—

9 (A) by striking paragraph (3); and

10 (B) by redesignating paragraphs (4) and

11 (5) as paragraphs (3) and (4), respectively.

12 (2) Section 307(b) (42 U.S.C. 3027(b)) is

13 amended—

14 (A) by striking paragraph (2) (waiver of

15 maintenance of effort for rural areas); and

16 (B) by striking ‘‘(1)’’ after ‘‘(b)’’.

17 SEC. 124. CONSOLIDATION AND REVISION OF AUTHORITIES

18 FOR SUPPORTIVE SERVICES AND SENIOR

19 CENTERS.

20 (a) ASSISTANCE IN OBTAINING HOUSING.—Section

21 321(a)(4) (42 U.S.C. 3030d(a)(4)) is amended by striking

22 ‘‘or (D)’’ and all that follows and inserting ‘‘or (D) to

23 assist older individuals to obtain housing assisted under

24 programs of the Department of Housing and Urban De25 velopment;’’.
41

•S 1203 IS

1 (b) COMMUNITY-BASED CARE AND SERVICES.—Sec2 tion 321(a)(5) (42 U.S.C. 3030d(a)(5)) is amended by

3 striking ‘‘including’’ and all that follows and inserting

4 ‘‘including—

5 ‘‘(A) client assessment, case management,

6 and development and coordination of commu7 nity services;

8 ‘‘(B) in-home services for frail older indi9 viduals (including supportive services for vic10 tims of Alzheimer’s disease and related dis11 orders with neurological and organic brain dys12 function, and for the families of such individ13 uals);

14 ‘‘(C) supportive activities to meet the spe15 cial needs of caregivers, including caretakers

16 who provide in-home services to frail older indi17 viduals;

18 ‘‘(D) in-home and other community serv19 ices, including home health, homemaker, shop20 ping, escort, reader, and letter writing services,

21 to assist older individuals to live independently

22 in a home environment;’’.

23 (c) EMPLOYMENT-RELATED PROGRAMS.—Section

24 321(a)(12) (42 U.S.C. 3030d(a)(12)) is amended by add25 ing before the semicolon’’, including coordination with pro-
42

•S 1203 IS

1 grams administered or assisted by the Department of

2 Labor’’.

3 (d) GENERAL AUTHORITY.—Section 321(a)(22) (42

4 U.S.C. 3030d(a)(22)) is amended by inserting ‘‘necessary

5 for the general welfare of older individuals’’ after ‘‘any

6 other services’’.

7 (e) RELOCATION OF DEFINITIONS.—

8 (1) Section 342 (42 U.S.C. 3030i) (definition of

9 ‘‘in-home services’’) is relocated and redesigned as

10 paragraph (46) of section 102 (42 U.S.C. 3002),

11 and is amended by striking ‘‘For purposes of this

12 part, the term’’ and inserting ‘‘The term’’.

13 (2) Section 363 (42 U.S.C. 3030o) (definition

14 of ‘‘disease prevention and health promotion serv15 ices’’) is relocated and redesignated as paragraph

16 (47) of section 102, and is amended by striking

17 ‘‘For purposes of this part, the term’’ and inserting

18 ‘‘The term’’.

19 (f) REPEAL OF SUPERSEDED AUTHORITIES.—

20 (1) SUBSTANTIVE AUTHORITY.—Part (D) (In21 Home Services for Frail Older Individuals), part E

22 (Additional Assistance for Special Needs of Older

23 Individuals), and part G (Supportive Activities for

24 Caretakers Who Provide In-Home Services to Frail

25 Order Individuals) (42 U.S.C. 3030h, et seq., 3030l,
43

•S 1203 IS

1 et seq., and 3030p, et seq., respectively) are re2 pealed.

3 (2) AUTHORIZATION OF APPROPRIATIONS.—(A)

4 REPEALS; REDESIGNATION.—Section 303 (42

5 U.S.C. 3022) is amended by striking subsections

6 (d), (e), and (g), and by redesignating subsections

7 (f) and (h) as subsections (e) and (f), respectively.

8 (B) CONFORMING AMENDMENT.—Sections

9 202(a)(24) (42 U.S.C. 3012(a)(24)) and 304(b)(2)

10 (42 U.S.C. 3024(b)(2)) are each amended by strik11 ing ‘‘303(h)’’ and inserting ‘‘303(f)’’.

12 SEC. 125. CONSOLIDATION OF AUTHORITIES FOR NUTRI13 TION SERVICES.

14 (a) SCHOOL-BASED MEALS AS CONGREGATE NUTRI15 TION SERVICES.—

16 (1) Section 331 (42 U.S.C. 3030e) is amended

17 by inserting ‘‘(a) IN GENERAL.—’’ after ‘‘331.’’.

18 (2) Section 338(a) (42 U.S.C. 3030g–11(a)) is

19 relocated and redesignated as subsection (b) of sec20 tion 331, and is amended, in the matter preceding

21 paragraph (1), by striking all that precedes

22 ‘‘projects’’ and inserting instead the following:

23 ‘‘(b) SCHOOL-BASED MEALS AND MULTI24 GENERATIONAL PROGRAMS.—The State may include, in

25 programs under this section,’’.
44

•S 1203 IS

1 (b) REPEAL OF SUPERSEDED AUTHORITY.—

2 (1) SUBSTANTIVE AUTHORITY.—Part C of title

3 III (42 U.S.C. 3030e et seq.) is amended by striking

4 subpart 3 and redesignating subpart 4 as subpart 3.

5 (2) AUTHORIZATION OF APPROPRIATIONS.—

6 Section 303(b)(3) (42 U.S.C. 3023(b)(2)) is re7 pealed.

8 SEC. 126. NATIONAL FAMILY CAREGIVER SUPPORT PRO9 GRAM.

10 (a) ESTABLISHMENT OF PROGRAM.—Part D of title

11 III (42 U.S.C. 3030h et seq.) is amended to read as fol12 lows:

13 ‘‘PART D—NATIONAL FAMILY CAREGIVER

14 SUPPORT PROGRAM

15 ‘‘Subpart 1—State Grant Program

16 ‘‘SEC. 341. PROGRAM AUTHORIZED.

17 ‘‘(a) IN GENERAL.—The Assistant Secretary shall

18 carry out a program under this subpart for making grants

19 to States under State plans approved under section 307

20 for multi-faceted systems of support for families and other

21 informal providers of in-home and community care to

22 older individuals.

23 ‘‘(b) COORDINATION WITH SERVICE PROVIDERS.—

24 In carrying out the provisions of this supart, each area

25 agency on aging shall coordinate with other community
45

•S 1203 IS

1 agencies and voluntary organizations providing the types

2 of services for which funding is available under this sub3 part.

4 ‘‘(c) FAMILY CAREGIVER SUPPORT SERVICES.—The

5 services provided in a State program under this subpart

6 shall include—

7 ‘‘(1) provision of information to caregivers

8 about available services;

9 ‘‘(2) assistance to caregivers in gaining access

10 to such services;

11 ‘‘(3) individual counseling, organization of sup12 port groups, and provision of caregiver training to

13 help families make decisions and solve problems re14 lating to their caregiving roles;

15 ‘‘(4) respite care to enable families and other

16 informal caregivers to be temporarily relieved from

17 their caregiving responsibilities; and

18 ‘‘(5) provision of supplemental services, on a

19 limited basis, to complement the care provided by

20 families and other informal caregivers.

21 ‘‘(d) ELIGIBILITY.—In order for the caregiver or

22 caregivers of an older individual to be eligible to receive

23 services provided by a State program under this subpart,

24 the State must—
46

•S 1203 IS

1 ‘‘(1) determine that the older individual meets

2 the condition specified in either subparagraph (A)(i)

3 or (B) of section 102(28); and

4 ‘‘(2) give priority for services to older individ5 uals and families with the greatest social and eco6 nomic need, consistent with the requirements of sec7 tion 305(a)(2)(E).

8 ‘‘(e) QUALITY STANDARDS AND ACCOUNTABILITY.—

9 ‘‘(1) The State shall have in place mechanisms

10 designed to assure the quality of services provided

11 with assistance under this subpart.

12 ‘‘(2) The State shall collect data and furnish

13 records at the times and in the standardized format

14 that the Assistant Secretary may require in order to

15 enable the Assistant Secretary to monitor State pro16 gram administration and compliance, and to evalu17 ate and compare the effectiveness of State programs

18 under this subpart.

19 ‘‘(3) The State shall report to the Assistant

20 Secretary on the data and information required

21 under section 341(e)(2), including the services and

22 activities funded under this subpart, and standards

23 and methods by which the quality of services shall

24 be assured.

25 ‘‘(f) STATE OPTION FOR COST SHARING.—
47

•S 1203 IS

1 ‘‘(1) IN GENERAL.—A State may elect to re2 quire cost sharing under this subpart for services de3 scribed in paragraphs (4) and (5) of subsection (a)

4 (or to require or permit area agencies on aging to

5 require cost sharing by recipients of such services

6 under area plans), but—

7 ‘‘(A) individuals with incomes below the

8 Federal poverty line shall be exempt from cost9 sharing requirements; and

10 ‘‘(B) cost-sharing rates for individuals with

11 incomes above such threshold shall be set on a

12 sliding-fee scale based on income.

13 ‘‘(2) ASSISTANT SECRETARY APPROVAL.—Fee

14 scales imposed under this subsection are subject to

15 approval by the Assistant Secretary.

16 ‘‘(3) REPORTING REQUIRED IF FEE SCHEDULE

17 NOT USED.—A State electing not to require or per18 mit fees pursuant to this subsection shall report to

19 the Assistant Secretary on the alternative methods

20 used by the State to satisfy the requirement of sec21 tion 305(a)(2)(E) to give priority to individuals with

22 greatest economic and social need.

23 ‘‘(g) AVAILABILITY OF FUNDS.—

24 ‘‘(1) IN GENERAL.—The program under this

25 subpart shall be carried out with the balance of
48

•S 1203 IS

1 funds appropriated under section 303(d) remaining

2 after reservation of funds under sections 345 and

3 346 for carrying out subpart 2.

4 ‘‘(2) USE OF FUNDS FOR ADMINISTRATION OF

5 AREA PLANS.—Amounts made available to a State

6 under this subpart may be used, in addition to

7 amounts available in accordance with section

8 303(c)(1), for costs of administration of area plans.

9 ‘‘(3) FEDERAL SHARE.—

10 ‘‘(A) Notwithstanding section

11 304(d)(1)(D), amounts made available to a

12 State under this subpart shall be available to

13 pay not more than 75 percent of the costs of

14 services provided under this subpart.

15 ‘‘(B) Federal funds and cost sharing by re16 cipients of services provided under this subpart

17 cannot be used for the non-Federal share of

18 funds under this subpart.

19 ‘‘SEC. 342. MAINTENANCE OF EFFORT.

20 ‘‘Funds made available under this subpart shall be

21 in addition to, and may not be used to supplant, any funds

22 that are or would otherwise be expended under any Fed23 eral, State, or local law by a State or unit of general pur24 pose local government (including area agencies on aging)

25 which have in their planning and service areas existing
49

•S 1203 IS

1 services equivalent to the services which may be funded

2 under this subpart.

3 ‘‘Subpart 2—National Innovation Programs

4 ‘‘SEC. 345. INNOVATION GRANT PROGRAM.

5 ‘‘(a) IN GENERAL.—The Assistant Secretary shall

6 carry out a program for making grants on a competitive

7 basis to foster the development and testing of new ap8 proaches to sustaining the efforts of families and other

9 informal caregivers of older individuals, and to serving

10 particular groups of caregivers of older individuals, includ11 ing minority caregivers and distant caregivers.

12 ‘‘(b) EVALUATION AND DISSEMINATION OF RE13 SULTS.—The Assistant Secretary shall provide for evalua14 tion of the effectiveness of programs and activities funded

15 with grants under this subpart, and for dissemination to

16 States of descriptions and evaluations of such programs

17 and activities, to enable States to incorporate successful

18 approaches into their programs under this part.

19 ‘‘(c) AVAILABILITY OF FUNDS.—

20 ‘‘(1) IN GENERAL.—The Assistant Secretary

21 shall reserve up to 10 percent of the amount appro22 priated under section 303(d) to carry out the pro23 gram under this section.

24 ‘‘(2) NATIVE AMERICAN PROGRAMS.—20 per25 cent of the amount reserved under paragraph (1)
50

•S 1203 IS

1 shall be available for programs and activities for Na2 tive Americans.

3 ‘‘SEC. 346. ACTIVITIES OF NATIONAL SIGNIFICANCE.

4 ‘‘(a) IN GENERAL.—The Assistant Secretary shall,

5 directly or by grant or contract, carry out activities of na6 tional significance to promote quality and continuous im7 provement in the support provided to family and other in8 formal caregivers of older individuals through program

9 evaluation, training, technical assistance, and research.

10 ‘‘(b) AVAILABILITY OF FUNDS.—The Assistant Sec11 retary shall reserve up to 2 percent of the amount appro12 priated under section 303(d) to carry out the program

13 under this section.’’.

14 (b) AUTHORIZATION OF APPROPRIATIONS.—Section

15 303 (as amended by section 124(d)(2) of this Act) is

16 amended by adding after subsection (c) the following new

17 subsection:

18 ‘‘(d) NATIONAL FAMILY CAREGIVER PROGRAM.—

19 There are authorized to be appropriated $125,000,000 for

20 fiscal year 2000, and such sums as may be necessary for

21 each of the four succeeding fiscal years, to carry out the

22 programs under part D of this title (relating to the na23 tional family caregiver program).’’.

24 (c) ALLOTMENTS TO STATES.—Section 304(a)(1) is

25 amended in the first sentence by inserting ‘‘remaining
51

•S 1203 IS

1 after reservations of funds in accordance with sections 345

2 and 346’’ after ‘‘from the sums appropriated under sec3 tion 303 for each fiscal year’’.

4 (d) AVAILABILITY OF TITLE III–D FUNDS FOR RE5 ALLOTMENT.—Section 304(b) is amended in the first sen6 tence by striking ‘‘part B or C’’ and inserting ‘‘part B,

7 C, or D’’.

8 SEC. 127. AUTHORIZATION OF APPROPRIATIONS.

9 (a) SUPPORTIVE SERVICES AND SENIOR CENTERS.—

10 Section 303(a)(1) (42 U.S.C. 3023(a)(1)) is amended by

11 striking all that precedes ‘‘for the purposes’’ and inserting

12 ‘‘There are authorized to be appropriated $310,082,000

13 for fiscal year 2000 and such sums as may be necessary

14 for each of the four succeeding fiscal years,’’.

15 (b) CONGREGATE NUTRITION SERVICES.—Section

16 303(b)(1) is amended by striking all that precedes ‘‘for

17 the purpose’’ and inserting ‘‘There are authorized to be

18 appropriated $374,412,000 for fiscal year 2000 and such

19 sums as may be necessary for each of the four succeeding

20 fiscal years,’’.

21 (c) HOME-DELIVERED NUTRITION SERVICES.—Sec22 tion 303(b)(2) (42 U.S.C. 3023(b)(2)) is amended by

23 striking all that precedes ‘‘for the purpose’’ and inserting

24 ‘‘There are authorized to be appropriated $147,000,000
52

•S 1203 IS

1 for fiscal year 2000 and such sums as may be necessary

2 for each of the four succeeding fiscal years,’’.

3 (d) PREVENTIVE HEALTH SERVICES.—Section

4 303(e) (as redesignated by section 124 of this Act) is

5 amended by striking all that precedes ‘‘for the purpose’’

6 and inserting ‘‘There are authorized to be appropriated

7 $16,123,000 for fiscal year 2000 and such sums as may

8 be necessary for each of the four succeeding fiscal years,’’.

9 PART C—STATE AND LOCAL INNOVATIONS AND

10 PROGRAMS OF NATIONAL SIGNIFICANCE

11 SEC. 141. REVISION OF TITLE IV.

12 Title IV is amended—

13 (1) in the heading, to read as follows:

14 ‘‘TITLE IV—STATE AND LOCAL

15 INNOVATIONS AND PRO16 GRAMS OF NATIONAL SIG17 NIFICANCE’’;

18 (2) in section 401, to read as follows:

19 ‘‘SEC. 401. STATEMENT OF PURPOSE.

20 ‘‘It is the purpose of this title to expand the Nation’s

21 knowledge and understanding of the older population and

22 the aging process; to design, test, and promote utilization

23 of innovative ideas and best practices in programs and

24 services for older individuals; to help meet the needs for

25 trained personnel in the field of aging; and to increase
53

•S 1203 IS

1 the awareness of citizens of all ages of the need to assume

2 personal responsibility for their own longevity.’’;

3 (3) by striking parts A and B in their entirety

4 and inserting the following new part:

5 ‘‘PART A—PROGRAMS AND ACTIVITIES

6 AUTHORIZED

7 ‘‘SEC. 410. DISCRETIONARY PROJECTS AND PROGRAMS.

8 ‘‘In order to accomplish the purpose of this title, the

9 Assistant Secretary may make grants to States, public or

10 nonprofit private agencies, organizations, and institutions,

11 and tribal organizations, and may enter into contracts

12 with any agency, organization, institution, or individual

13 for the following activities—

14 ‘‘(1) education and training to develop an ade15 quately trained workforce to work with and on be16 half of older individuals;

17 ‘‘(2) applied social research and analysis to im18 prove access and delivery of services for older indi19 viduals, as well as evaluation of the performance and

20 measurement of the results of programs, activities,

21 and services provided under this Act;

22 ‘‘(3) developments of methods and practices to

23 improve quality and effectiveness of such services;
54

•S 1203 IS

1 ‘‘(4) demonstration of new approaches to de2 sign, deliver, and coordinate programs and services

3 for older individuals;

4 ‘‘(5) technical assistance in planning, develop5 ment, implementation, and improvement of services

6 and activities conducted under this Act;

7 ‘‘(6) dissemination of information related to

8 longevity and its ramifications for various segments

9 of the elderly population, life course planning, and

10 services and programs for older individuals that in11 corporates new ideas, utilizes advances in our knowl12 edge, and stimulates the adoption of innovative best

13 practices to benefit older individuals; and

14 ‘‘(7) other similar activities that, in the judg15 ment of the Assistant Secretary, will achieve the

16 purposes of this title.’’;

17 (4) by redesignating part C as part B; and

18 (5) by redesignating sections 431, 432, and

19 433, respectively, (42 U.S.C. 3037, 3037a and

20 3037b, respectively) as sections 421, 422, and 423.

21 SEC. 142. AUTHORIZATION OF APPROPRIATIONS.

22 Section 421 (42 U.S.C. 3035) (as redesignated by

23 section 141 of this Act) is amended—

24 (1) in subsection (a), to read as follows:

25 ‘‘(a) AUTHORIZATIONS.—
55

•S 1203 IS

1 ‘‘(1) IN GENERAL.—There are authorized to be

2 appropriated to carry out this title $22,000,000 for

3 fiscal year 2000 and such sums as may be necessary

4 for each of the succeeding fiscal years.

5 ‘‘(2) NATIONAL OMBUDSMAN AND ELDER

6 ABUSE CENTERS.—Funds available under this sub7 section may be used, to the extent the Assistant Sec8 retary finds necessary.’’;

9 (2) by striking subsection (b); and

10 (3) in subsection (c), by striking ‘‘(c)’’ and in11 serting ‘‘(b) RESTRICTIONS.—’’.

12 PART D—COMMUNITY SERVICE EMPLOYMENT

13 FOR OLDER AMERICANS

14 SEC. 151. PURPOSES OF PROJECTS.

15 Section 502(a) (42 U.S.C. 3056(a)) is amended—

16 (1) by inserting ‘‘(1)’’ after ‘‘SEC. 502. (a)’’;

17 and

18 (2) by inserting at the end the following new

19 paragraph:

20 ‘‘(2) To foster individual economic self-sufficiency

21 and to increase the number of persons who may enjoy the

22 benefits of the program, the Secretary shall encourage

23 projects to place participants in unsubsidized employ24 ment.’’.
56

•S 1203 IS

1 SEC. 152. PROGRAM AUTHORIZED.

2 (a) PROJECT REQUIREMENTS.—Section 502(b)(1)

3 (42 U.S.C. 3056(b)(1)) is amended—

4 (1) in subparagraph (H), by inserting in the

5 parenthetical clause after ‘‘including’’ the following:

6 ‘‘arrangements with the local one-stop delivery sys7 tem established under title I of the Workforce In8 vestment Act of 1998 and’’;

9 (2) in subparagraph (N)(i)—

10 (A) by striking all that follows ‘‘will’’

11 through ‘‘except’’ and inserting ‘‘prepare an as12 sessment of the participants’ skills and talents

13 and their needs for services, except’’; and

14 (B) by striking ‘‘the Job Training Partner15 ship Act (29 U.S.C. 1501 et seq.) or the Carl

16 D. Perkins Vocational and Applied Technology

17 Education Act (20 U.S.C. 3201 et seq.)’’ and

18 inserting ‘‘the Workforce Investment Act of

19 1998, the Carl D. Perkins Vocational and Tech20 nical Education Act of 1998, or part A of title

21 IV of the Social Security Act’’; and

22 (3) by striking subparagraph (O) and inserting

23 the following:

24 ‘‘(O) will provide appropriate services for

25 participants through the local one-stop delivery

26 system established under title I of the Work-
57

•S 1203 IS

1 force Investment Act of 1998, and will be in2 volved in the planning and operations of such

3 system pursuant to a memorandum of under4 standing with the local workforce investment

5 board in accordance with section 121(c) of such

6 Act; and’’.

7 (b) ASSESSMENTS.—Section 502(b) (42 U.S.C.

8 3056(b)) is further amended—

9 (1) by striking paragraph (4);

10 (2) by redesignating paragraphs (2) and (3) as

11 paragraphs (3) and (4), respectively, and by insert12 ing after paragraph (1) the following new para13 graph:

14 ‘‘(2)(A) An assessment and service strategy

15 provided for an eligible individual under this title

16 shall satisfy any conditions for an assessment or in17 dividual employment plan for an adult participant

18 under title I of the Workforce Investment Act of

19 1998, in order to determine whether such individual

20 qualifies for intensive training services in accordance

21 with such Act.

22 ‘‘(B) An assessment and service strategy pro23 vided for an eligible individual under title I of the

24 Workforce Investment Act of 1998 shall satisfy any
58

•S 1203 IS

1 conditions for an assessment and service strategy

2 under this title.’’; and

3 (3) in paragraph (4) (as so redesignated), by

4 striking ‘‘prime sponsors,’’.

5 (c) COST LIMITATIONS.—Section 502(c)(3) (42

6 U.S.C. 3056(c)(3)) is amended by striking ‘‘for fiscal year

7 1987 and each fiscal year thereafter’’ and inserting ‘‘for

8 any fiscal year’’.

9 (d) DISTRIBUTION OF PROGRAMS.—Section 502(d)

10 (42 U.S.C. 3056(d)) is amended—

11 (1) in paragraph (1), by striking ‘‘sponsor’’

12 each place it appears and inserting ‘‘grantee’’; and

13 (2) in the last sentence of paragraph (2), by

14 striking all that follows ‘‘opportunity’’ and inserting

15 ‘‘for public comments’’.

16 (e) MISCELLANEOUS.—Section 502(e) (42 U.S.C.

17 3056(e)) is amended—

18 (1) by amending paragraph (2)(C) to read as

19 follows:

20 ‘‘(C) require the coordination of projects

21 carried out under such agreements, with the

22 programs carried out under title I of the Work23 force Investment Act of 1998.’’; and

24 (2) by striking paragraphs (3) and (4).
59

•S 1203 IS

1 (f) EVALUATION REQUIREMENT.—Section 502 (42

2 U.S.C. 3056) is further amended by inserting at the end

3 the following new subsection:

4 ‘‘(f) The Secretary shall, on a regular basis, carry out

5 evaluations of the programs authorized under this title,

6 which may include but are not limited to projects de7 scribed in subsection (e).’’.

8 SEC. 153. ADMINISTRATION.

9 (a) COORDINATION.—Section 503 (42 U.S.C. 3056a)

10 is amended—

11 (1) in subsections (a)(2) and (b)(1), by striking

12 ‘‘titles III, IV, and VI’’ each place it appears and in13 serting ‘‘other titles of this Act’’;

14 (2) in subsection (b)(1)—

15 (A) by striking ‘‘Job Training Partnership

16 Act’’ each place it appears and inserting

17 ‘‘Workforce Investment Act of 1998’’; and

18 (B) by striking ‘‘Vocational Education Act

19 of 1984’’ each place it appears and inserting

20 ‘‘the Carl D. Perkins Vocational and Technical

21 Education Act of 1998, the National and Com22 munity Services Act of 1990, and the Domestic

23 Volunteer Service Act of 1973,’’; and

24 (3) by amending subsection (f) to read as fol25 lows:
60

•S 1203 IS

1 ‘‘(f) MONITORING, FISCAL CONTROLS, AND RE2 PORTS.—

3 ‘‘(1) MONITORING.—The Secretary shall mon4 itor programs receiving financial assistance under

5 this title to determine whether the grantees are com6 plying with the provisions of and regulations issued

7 under this title.

8 ‘‘(2) FISCAL CONTROLS.—Each grantee receiv9 ing funds under this title shall comply with the ap10 plicable uniform cost principles and appropriate ad11 ministrative requirements for grants and contracts

12 that are applicable to the type of entity receiving

13 funds, as issued in circulars or rules of the Office

14 of Management and Budget.

15 ‘‘(3) REPORTS.—Each grantee shall maintain

16 such records and submit such reports, in such form

17 and containing such information, as the Secretary

18 may require regarding activities carried out under

19 this title, including the performance of programs.

20 Each grantee receiving funds under this title shall

21 keep records that are sufficient to permit the prepa22 ration of reports required pursuant to this title and

23 to permit the tracing of funds to a level of expendi24 ture adequate to ensure that the funds have not

25 been spent unlawfully.’’.
61

•S 1203 IS

1 (b) INTERAGENCY COOPERATION.—Section 505 (42

2 U.S.C. 3056c) is amended—

3 (1) by striking subsection (c);

4 (2) by redesignating subsection (d) as sub5 section (c); and

6 (3) in paragraph (2) of such subsection (c) (as

7 so redesignated), by striking ‘‘Carl D. Perkins Voca8 tional and Applied Technology Education Act (20

9 U.S.C. 2301 et seq.)’’ and inserting ‘‘Carl D. Per10 kins Vocational and Technical Education Act of

11 1998’’.

12 SEC. 154. EQUITABLE DISTRIBUTION OF ASSISTANCE.

13 (a) DISTRIBUTION OF FUNDS.—Section 506 (42

14 U.S.C. 3056d) is amended by striking all that precedes

15 subsection (b) and inserting the following:

16 ‘‘SEC. 506. EQUITABLE DISTRIBUTION OF ASSISTANCE.

17 ‘‘(a) FUNDS RESERVED OR ALLOTTED.—

18 ‘‘(1) From the sums available from appropria19 tions to carry out this title for each fiscal year, 78

20 percent of the amount remaining after the Secretary

21 makes the reservation under paragraph (3) shall be

22 used in accordance with the provisions of the fol23 lowing subparagraphs:

24 ‘‘(A) The Secretary shall first reserve such

25 sums as may be necessary for national grants
62

•S 1203 IS

1 or contracts with public agencies and public or

2 nonprofit private organizations to maintain the

3 level of activities carried on under such grants

4 or contracts, in the aggregate, at least at the

5 level of such activities supported under this title

6 in the preceding year.

7 ‘‘(B) The Secretary shall reserve such

8 sums as may be necessary for national grants

9 or contracts with public or nonprofit national

10 Indian aging organizations with the ability to

11 provide employment services to older Indians

12 and with national public or nonprofit Pacific Is13 land and Asian American aging organizations

14 with the ability to provide employment to older

15 Pacific Island and Asian Americans.

16 ‘‘(C) Preference in awarding grants or con17 tracts under this paragraph shall be given to

18 national organizations, and agencies, of proven

19 ability in providing employment services to eligi20 ble individuals under this program and similar

21 programs.

22 ‘‘(2) The Secretary, in awarding grants and

23 contracts under paragraphs (1) and (4) of this sub24 section, shall, to the extent feasible, assure an equi25 table distribution of activities under such grants and
63

•S 1203 IS

1 contracts among the States, in accordance with the

2 allotments among the States required by paragraph

3 (5).

4 ‘‘(3) From the sums available from appropria5 tions to carry out this title for each fiscal year, the

6 Secretary shall reserve an amount, which shall be at

7 least 1 percent but not more than 5 percent of the

8 amount appropriated, for the purpose of—

9 ‘‘(A) entering into agreements under sec10 tion 502(e), relating to improved transition to

11 private employment; and

12 ‘‘(B) incentive grants for performance as

13 described in section 514(d).

14 ‘‘(4) From the sums available from appropria15 tions to carry out this title for each fiscal year, 22

16 percent of the amount remaining after the Secretary

17 makes the reservation under paragraph (3) shall be

18 allotted to the appropriate public agencies of the

19 States for carrying out projects and activities au20 thorized in this title.

21 ‘‘(5) In carrying out paragraphs (1) and (4),

22 the Secretary shall allot the sums available from ap23 propriations for any fiscal year under section 508 of

24 this title so that each State will receive an amount

25 which bears the same ratio to such sums as the
64

•S 1203 IS

1 product of the number of persons aged fifty-five or

2 over in the State and the allotment percentage of

3 such State bears to the sum of the corresponding

4 product for all States, except that—

5 ‘‘(A) no State (except as described in sub6 paragraph (C)) shall be allotted less than one7 half of 1 percent of the sum available from ap8 propriations for the fiscal year for which the de9 termination is made, or $100,000, whichever is

10 greater;

11 ‘‘(B) no State shall be allotted less than 95

12 percent of its proportionate share of the total

13 allotments received by all of the States under

14 this section for the preceding fiscal year; and

15 ‘‘(C) Guam, American Samoa, the Com16 monwealth of the Northern Mariana Islands,

17 and the Virgin Islands shall each be allotted an

18 amount which is not less than one-fourth of 1

19 percent of the sums available from appropria20 tions for the fiscal year for which the deter21 mination is made, or $50,000, whichever is

22 greater.

23 ‘‘(6) For the purpose of this subsection—

24 ‘‘(A) the allotment percentage of each

25 State shall be 100 percent less that percentage
65

•S 1203 IS

1 which bears the same ration to 50 percent as

2 the per capita income of such State bears to

3 the per capita income of the United States, ex4 cept that (i) the allotment percentage shall in

5 no case be more than 75 percent or less than

6 33 percent, and (ii) the allotment percentage

7 for the District of Columbia, the Common8 wealth of Puerto Rico, Guam, the Virgin Is9 lands, American Samoa, and the Common10 wealth of the Northern Mariana Islands shall

11 be 75 percent;

12 ‘‘(B) the number of persons aged fifty-five

13 or over in any State and in all States, and the

14 per capita income in any State and in all

15 States, shall be determined by the Secretary on

16 the basis of the most satisfactory data available

17 to the Secretary; and

18 ‘‘(C) for the purpose of determining the al19 lotment percentage, the term ‘United States’

20 means the fifty States and the District of Co21 lumbia.’’.

22 (b) STUDY AND REPORT.—Section 506 (42 U.S.C.

23 3056d) is further amended by inserting at the end the fol24 lowing new subsections:
66

•S 1203 IS

1 ‘‘(e) After consulting with grantees under this title

2 and other interested parties, the Secretary shall conduct

3 a study concerning improvement in the formula described

4 in this section for distributing funds for activities under

5 this title. In conducting the study, the Secretary shall ex6 amine means of improving the allocation of funds by devel7 oping a formula which is based on statistically reliable

8 data and consistent with the goals and objectives of this

9 title. The Secretary shall prepare and submit to the Con10 gress a report containing the results of the study, includ11 ing recommendations for improved formulas for allocating

12 funds under this title. Such report shall be submitted to

13 the Congress no later than 2 years after the enactment

14 of the Older Americans Act Amendments of 1999.

15 ‘‘(f) The Secretary shall periodically conduct an eval16 uation of cost factors applicable under this title, including

17 the average annual cost per authorized enrollee position.’’.

18 SEC. 155. AUTHORIZATION OF APPROPRIATIONS.

19 Section 508 (42 U.S.C. 3056f) is amended—

20 (1) in subsection (a), by striking paragraph (1)

21 and inserting the following:

22 ‘‘(1) such sums as may be necessary for fiscal

23 year 2000, and each of the 4 succeeding fiscal years;

24 and’’;
67

•S 1203 IS

1 (2) in subsection (b), by striking ‘‘used’’ and in2 serting ‘‘available for obligation’’, and by striking

3 the last sentence; and

4 (3) by inserting at the end of such section the

5 following new subsection:

6 ‘‘(c) The Secretary may recapture any unexpended

7 funds from a completed program year, and may re-obli8 gate any such funds within the two succeeding program

9 years for incentive grants under section 514(d), for tech10 nical assistance, or for grants or contracts for any other

11 program purpose authorized by this title.’’.

12 SEC. 156. WORKFORCE INVESTMENT ACTIVITIES.

13 Section 510 (42 U.S.C. 3056h) is amended to read

14 as follows:

15 ‘‘SEC. 510. ELIGIBILITY FOR WORKFORCE INVESTMENT AC16 TIVITIES.

17 ‘‘Eligible individuals under this title may be deemed

18 by local workforce investment boards established under

19 title I of the Workforce Investment Act of 1998 to satisfy

20 the requirements for receiving services under such title

21 that are applicable to adults.’’.

22 SEC. 157. ADDITIONAL PROVISIONS.

23 Title V (42 U.S.C. 3056 et seq.) is further amended

24 by inserting at the end thereof the following new sections:
68

•S 1203 IS

1 ‘‘SEC. 512. COORDINATION WITH THE WORKFORCE INVEST2 MENT ACT.

3 ‘‘(a) Grantees under this title shall be partners as de4 scribed in section 121(b)(1)(B)(vi) of the Workforce In5 vestment Act of 1998 in the appropriate local one-stop de6 livery system under section 134(c) of such Act, and shall

7 carry out the responsibilities relating to such partners.

8 ‘‘(b) In local workforce investment areas where more

9 than one grantee provides services, the grantees shall co10 ordinate their activities related to the one-stop delivery

11 system, and each grantee shall be a signatory of the

12 memorandum of understanding established under section

13 121(c) of the Workforce Investment Act of 1998.

14 ‘‘SEC. 513. WAIVERS.

15 ‘‘(a) IN GENERAL.—Pursuant to a written request

16 submitted by a grantee receiving funds under paragraph

17 (1), (3), or (4) of section 506(a), the Secretary may waive

18 any of the statutory or regulatory requirements of this

19 title except the basic purposes of the program, wage and

20 labor standards, worker rights, participation and protec21 tion of workers and participants, grievance procedures, ju22 dicial review, and eligibility of participants.

23 ‘‘(b) REQUEST.—Any grantee seeking a waiver under

24 subsection (a) shall submit a request that describes the

25 goals of the waiver and the expected improvements in the

26 program if the request is approved.
69

•S 1203 IS

1 ‘‘(c) DURATION.—The duration of each waiver ap2 proved under this section shall be limited to the duration

3 of the grant agreement. Such waiver may be renewed pur4 suant to approval of a subsequent request that meets the

5 requirements of this section.

6 ‘‘(d) REPORT.—With respect to each waiver approved

7 under this section, each grantee shall submit a report to

8 the Secretary concerning the impact of the waiver on the

9 operation and effectiveness of programs and services

10 under this title. Such reports shall be submitted not later

11 than one year after the expiration of such waiver, and at

12 such times during the waiver period as the Secretary may

13 require.

14 ‘‘SEC. 514. PERFORMANCE.

15 ‘‘(a) MEASURES.—The Secretary shall establish, in

16 consultation with grantees under this title, measures of

17 performance that are appropriate to older worker activities

18 authorized by this title. The measures shall consist of indi19 cators of performance and levels of performance applicable

20 to each indicator. The levels of performance shall be ad21 justed by taking into account such factors as economic

22 conditions and the characteristics of participants.

23 ‘‘(b) REQUIRED INDICATORS.—Such measures shall

24 include, at a minimum, the following indicators of per25 formance:
70

•S 1203 IS

1 ‘‘(1) the number of persons served;

2 ‘‘(2) community services provided;

3 ‘‘(3) entry into and retention in unsubsidized

4 employment; and

5 ‘‘(4) satisfaction of customers, including partici6 pants and employers, with the services provided in

7 activities under this title.

8 ‘‘(c) ADDITIONAL INDICATORS.—The measures es9 tablished pursuant to subsection (a) may include such ad10 ditional indicators of performance as the Secretary may

11 determine to be appropriate to evaluate services and per12 formance.

13 ‘‘(d) INCENTIVE GRANTS.—From funds available

14 under section 506(a)(3) or section 508(c), the Secretary

15 shall award incentive grants annually to grantees that ex16 ceed the performance measures established by the Sec17 retary under this section.’’.

18 PART E—GRANTS FOR NATIVE AMERICANS

19 SEC. 161. LIMIT OF ONE GRANT PER NATIVE AMERICAN OR20 GANIZATION.

21 Section 612 (42 U.S.C. 3057c) is amended—

22 (1) by redesignating subsection (b) as sub23 section (c); and

24 (2) by inserting after subsection (a) the fol25 lowing new subsection:
71

•S 1203 IS

1 ‘‘(c) ONE-GRANT LIMIT.—A federally recognized

2 tribe represented by an organization specified in sub3 section (a) shall be eligible for only one grant under this

4 title for any fiscal year.’’.

5 SEC. 162. EXPENDITURES FOR NUTRITION SERVICES.

6 Section 614(c) (42 U.S.C. 3057e(c)) is amended—

7 (1) by striking ‘‘(c)’’ and inserting the fol8 lowing:

9 ‘‘(c) APPROVAL BY ASSISTANT SECRETARY.—

10 ‘‘(1) IN GENERAL.—’’; and

11 (2) by adding at the end the following new

12 paragraph:

13 ‘‘(2) SPECIAL RULE FOR NUTRITION PRO14 GRAMS.—In determining whether an application

15 complies with the requirements of subsection (a)(8),

16 the Assistant Secretary shall provide maximum flexi17 bility to an applicant that seeks to take into account

18 subsistence needs, local customs, and other charac19 teristics that are appropriate to the unique cultural,

20 regional, and geographic needs of the Indian popu21 lations to be served.’’.

22 SEC. 163. AUTHORIZATION OF APPROPRIATIONS.

23 Section 633(a) (42 U.S.C. 3057n(a)) is amended by

24 striking all that precedes ‘‘to carry out this title’’ and in25 serting ‘‘There are authorized to be appropriated
72

•S 1203 IS

1 $18,457,000 for fiscal year 2000, and such sums as may

2 be necessary for each of the four succeeding fiscal years’’.

3 PART F—VULNERABLE ELDER RIGHTS

4 PROTECTION

5 SEC. 171. CONSOLIDATED AUTHORIZATION OF APPROPRIA6 TIONS AND RELATED AMENDMENTS.

7 (a) CONSOLIDATED AUTHORIZATION.—Section 702

8 (42 U.S.C. 3058a) is amended by striking all that follows

9 the heading and inserting the following:

10 ‘‘There are authorized to be appropriated to carry out

11 this subtitle $12,181,000 for fiscal year 2000 and such

12 sums as may be necessary for each of the four succeeding

13 fiscal years.’’.

14 (b) MINIMUM FUNDING FOR OMBUDSMAN AND

15 ELDER RIGHTS ACTIVITIES.—

16 (1) REPEAL OF MINIMUM ALLOTMENTS.—Sec17 tion 703(a)(2) (42 U.S.C. 3058b(a)(2)) is

18 amended—

19 (A) by striking subparagraph (C); and

20 (B) by redesignating subparagraph (D) as

21 subparagraph (C).

22 (2) MAINTENANCE OF EFFORT REQUIRE23 MENT.—Section 705(a) (42 U.S.C. 3058d(a)) is

24 amended—
73

•S 1203 IS

1 (A) by redesignating paragraph (8) as

2 paragraph (9);

3 (B) by inserting after paragraph (7) the

4 following new paragraph:

5 ‘‘(8) an assurance that total State expenditures

6 in any fiscal year for the long-term care ombudsman

7 program under section 712 shall not be less than

8 total State expenditures for such programs under

9 this Act in fiscal year 1999;’’ and

10 (C) in paragraph (9), as redesignated, by

11 striking ‘‘paragraphs (1) through (7)’’ and in12 serting ‘‘paragraphs (1) through (8).’’.

13 (c) OPTIONAL STATE IMPLEMENTATION OF TITLE

14 VII PROGRAMS.—

15 (1) STATE ASSURANCES CONCERNING EXPENDI16 TURES.—Section 705(a)(7)(A) (42 U.S.C.

17 3058(a)(7)(A)) is amended by striking ‘‘funds ap18 propriated under section 702(d)’’ and inserting ‘‘any

19 funds used by the State’’.

20 (2) OMBUDSMAN PROGRAM.—Section 712(a)

21 (42 U.S.C. 3058g(a)) is amended by striking ‘‘In

22 order to be eligible to receive an allotment under

23 section 703 from funds appropriated under section

24 702(a), a State agency shall’’ and inserting ‘‘With
74

•S 1203 IS

1 funds allotted to a State under section 703, the

2 State agency shall’’.

3 (3) ELDER ABUSE PREVENTION.—Section

4 721(a)(1) (42 U.S.C. 3058i(a)(1)) is amended by

5 striking ‘‘In order to be eligible to receive an allot6 ment under section 703 from funds appropriated

7 under section 702(b), a State agency shall’’ and in8 serting ‘‘With funds allotted to a State under section

9 703, the State agency shall’’.

10 (4) ELDER RIGHTS AND LEGAL ASSISTANCE.—

11 Section 731(a)(1) (42 U.S.C. 3058j(a)(1)) is amend12 ed by striking ‘‘In order to be eligible to receive an

13 allotment under section 703 from funds appro14 priated under section 702(c), a State agency shall’’

15 and inserting ‘‘With funds allotted to a State under

16 section 703, the State agency of a State electing to

17 implement a program under this chapter shall’’.

18 (5) OUTREACH, COUNSELING, AND ASSIST19 ANCE.—

20 (A) Section 741(b) (42 U.S.C. 3058k(b))

21 is amended by striking ‘‘In order to be eligible

22 to receive an allotment under section 703 from

23 funds appropriated under section 702(d), a

24 State agency shall’’ and inserting ‘‘With funds

25 allotted to a State under section 703, consistent
75

•S 1203 IS

1 with section 705(a)(7), the State agency of a

2 State electing to implement a program under

3 this chapter shall’’.

4 (B) Section 741(c) (42 U.S.C. 3058k(c)) is

5 amended by striking ‘‘The State agency shall’’

6 and inserting ‘‘The State agency may’’.

7 (C) Section 741(e) (42 U.S.C. 3058k(e)) is

8 amended by striking ‘‘MAINTENANCE OF EF9 FORT.—Any funds appropriated’’ and inserting

10 ‘‘SUPPLEMENTATION REQUIREMENT.—Any

11 funds used’’.

12 SEC. 172. LIFE COURSE PLANNING PROGRAM.

13 (a) REDESIGNATION AND EXPANSION OF OUTREACH,

14 COUNSELING, AND ASSISTANCE PROGRAM.—Chapter 5 of

15 subtitle A of title VII (42 U.S.C. 3058k et seq.) is

16 amended—

17 (1) in the heading, to read as follows:

18 ‘‘CHAPTER 5—LIFE COURSE PLANNING’’;

19 (2) in the heading of section 741 (42 U.S.C.

20 3058k), to read: ‘‘STATE LIFE COURSE PLAN21 NING PROGRAM’’;

22 (3) in section 741(a) (42 U.S.C. 3058k)—

23 (A) by redesignating paragraphs (2)

24 through (6) as paragraphs (3) through (7), re25 spectively; and
76

•S 1203 IS

1 (B) by inserting after paragraph (1) the

2 following new paragraph:

3 ‘‘(2) LIFE COURSE PLANNING.—The term ‘life

4 course planning’ means the identification and imple5 mentation by an individual of appropriate measures

6 to prepare for the financial, health, and social as7 pects of longevity and to ensure the protection of

8 elder rights, and includes such planning with respect

9 to—

10 ‘‘(A) economic security, including financial

11 literacy and knowledge of pension and public

12 benefits;

13 ‘‘(B) options for community participation

14 and social activities, including access to employ15 ment, volunteer, education, and leisure opportu16 nities;

17 ‘‘(C) housing options;

18 ‘‘(D) insurance benefits; and

19 ‘‘(E) consumer protection, including de20 fenses against telemarketing scams and fraudu21 lent investment offers.’’;

22 (4) in section 741(b) (42 U.S.C. 3058k(b)), in

23 the matter preceding paragraph (1), by striking ‘‘es24 tablish—’’ and all that follows and inserting ‘‘estab25 lish a program to provide, to older individuals and
77

•S 1203 IS

1 to others preparing for retirement and old age, out2 reach, information, counseling, and assistance re3 lated to life course planning. The program shall—

4 ‘‘(A) at a minimum include—

5 ‘‘(i) a program to provide to older in6 dividuals outreach, counseling, and assist7 ance related to obtaining insurance bene8 fits; and

9 ‘‘(ii) a program to provide outreach,

10 counseling, and assistance to older individ11 uals who may be eligible for, but who are

12 not receiving, public benefits;

13 ‘‘(B) provide additional life course plan14 ning services to the extent permitted by avail15 able funds;

16 ‘‘(C) establish a system of referral to ap17 propriate service providers and agencies;

18 ‘‘(D) give priority to those in greatest so19 cial and economic need, with particular atten20 tion to low-income minorities;

21 ‘‘(E) ensure coordination with services and

22 programs under title III and with other pro23 viders and agencies;
78

•S 1203 IS

1 ‘‘(F) provide for adequate and trained

2 staff (including volunteers) to carry out the

3 program; and

4 ‘‘(G) ensure that staff and volunteers are

5 not subject to conflicts of interest.’’.

6 (b) CONFORMING AMENDMENTS.—

7 (1) Section 741(a)(6) (42 U.S.C. 3058k(a)(6)),

8 as redesignated, is amended by striking ‘‘subsection

9 (b)(1)’’ and inserting ‘‘subsection (b)(1)(A)(i)’’.

10 (2) Section 741(a)(7) (42 U.S.C. 3058k(a)(7)),

11 as redesignated, is amended by striking ‘‘subsection

12 (b)(2)’’ and inserting ‘‘subsection (b)(1)(A)(ii)’’.

13 SEC. 173. DEMONSTRATION AUTHORITY EXTENDED TO

14 LIFE COURSE PLANNING.

15 (a) SCOPE OF DEMONSTRATION.—Section 706(a) (42

16 U.S.C. 3058e(a)), is amended—

17 (1) by striking ‘‘and’’ at the end of paragraph

18 (2);

19 (2) by striking the period at the end of para20 graph (3) and inserting ‘‘; and’’; and

21 (3) by adding after paragraph (3) the following

22 new paragraph:

23 ‘‘(4) assistance with life course planning (as de24 fined in section 741(a)(2)).’’.
79

•S 1203 IS

1 (b) BENEFITS.—Section 706(b)(1) (42 U.S.C.

2 3058e(b)(1)) is amended by inserting before the semicolon

3 ‘‘, and regarding other available benefits, assistance, or

4 services identified through life course planning described

5 in paragraph (4) of subsection (a)’’.

6 PART G—DEFINITIONS

7 SEC. 181. DEFINITIONS.

8 (a) RELOCATION, REORDERING, AND REDESIGNA9 TION OF DEFINITIONS.—

10 (1)(A) Paragraphs (1) and (2) of section 302

11 (42 U.S.C. 3022) are relocated and redesignated as

12 paragraphs (48) and (49) of section 102 (42 U.S.C.

13 3).

14 (B) Paragraph (3) of section 302 (42 U.S.C.

15 3022) is repealed.

16 (2)(A) Section 102(5) (42 U.S.C. 3022(5)) is

17 amended by inserting ‘‘(A)’’ after ‘‘(5)’’.

18 (B) Section 102(6) (42 U.S.C. 3022(6)) is

19 amended—

20 (i) by striking ‘‘(A)’’ and ‘‘(B)’’ and insert21 ing ‘‘(i)’’ and ‘‘(ii)’’; and

22 (ii) by striking ‘‘(6)’’ and inserting ‘‘(B)’’.

23 (C) Section 102(7) (42 U.S.C. 3022(7)) is

24 amended by striking ‘‘(7)’’ and inserting ‘‘(C)’’.
80

•S 1203 IS

1 (3)(A) Section 102(8) (42 U.S.C. 3022(8)) is

2 amended—

3 (i) by striking the subparagraph designa4 tions ‘‘(A)’’ through ‘‘(H)’’ and inserting clause

5 designations ‘‘(i)’’ through ‘‘(vii)’’; and

6 (ii) by inserting ‘‘(A)’’ after ‘‘(8)’’.

7 (B) Section 102(9) (42 U.S.C. 3022(9)) is

8 amended—

9 (i) by striking the subparagraph designa10 tions ‘‘(A)’’ and ‘‘(B)’’ and inserting the clause

11 designations ‘‘(i)’’ and ‘‘(ii)’’; and

12 (ii) by striking ‘‘(9)’’ and inserting ‘‘(B)’’.

13 (b) ELIMINATION OF THE DEFUNCT TRUST TERRI14 TORY OF THE PACIFIC ISLANDS (TTPI) FROM DEFINI15 TION OF STATE.—

16 (1) ELIMINATION OF DEFINITION OF TTPI.—

17 Section 103(12) (42 U.S.C. 3022(12)) is repealed.

18 (2) AMENDMENT OF DEFINITION OF STATES.—

19 Section 102(3) (42 U.S.C. 3022(3)) is amended—

20 (A) by inserting ‘‘and’’ after ‘‘American

21 Samoa’’; and

22 (B) by striking ‘‘the Trust Territory of the

23 Pacific Islands’’.

24 (3) AMENDMENT TO ALLOTMENT FORMULAS.—
81

•S 1203 IS

1 (A) BASIC STATE GRANTS.—Section

2 304(a)(1) (42 U.S.C. 3024(a)(1)) is amended—

3 (i) in the first sentence—

4 (I) by striking ‘‘(B) Guam,’’ and

5 inserting ‘‘(B) Guam and’’;

6 (II) by striking ‘‘, and the Trust

7 Territory of the Pacific Islands,’’; and

8 (ii) in the last sentence, by striking

9 ‘‘the Trust Territory of the Pacific

10 Islands,’’.

11 (B) GRANTS FOR STATE PLAN ADMINIS12 TRATION.—Section 308(b) (42 U.S.C. 3028(b))

13 is amended in paragraphs (1)(B) and (2)(B) by

14 striking ‘‘the Trust Territory of the Pacific

15 islands,’’.

16 (c) DEFINITION OF NATIVE AMERICAN.—Section

17 102 (42 U.S.C. 3022) is amended by adding at the end

18 the following new paragraph:

19 ‘‘(45) The term ‘Native American’ includes an

20 Indian (as defined in paragraph (5)) and a Native

21 Hawaiian (as defined in section 625).’’.
82

•S 1203 IS

1 PART H—EFFECTIVE DATE

2 SEC. 191. EFFECTIVE DATE.

3 Except as otherwise specifically provided, the amend4 ments made by this title shall become effective October

5 1, 1999.

6 TITLE II—WHITE HOUSE

7 CONFERENCE ON AGING

8 SEC. 201. WHITE HOUSE CONFERENCE AUTHORIZED.

9 (a) AUTHORITY TO CALL CONFERENCE.—Not later

10 than December 31, 2005, the President shall convene the

11 White House Conference on Aging in order to develop rec12 ommendations for additional research and action in the

13 field of aging which will further the policy set forth in sub14 section (b).

15 (b) PLANNING AND DIRECTION.—The Conference

16 shall be planned and conducted under the direction of the

17 Secretary in cooperation with the Assistant Secretary for

18 Aging and the heads of such other Federal departments

19 and agencies as are appropriate. Such assistance may in20 clude the detail of personnel on a reimbursable or non21 reimbursable basis as the head of the department or agen22 cy may decide.

23 (c) PURPOSE OF THE CONFERENCE.—The purpose

24 of the Conference shall be—

25 (1) to increase the public awareness of the

26 interdependence of generations and the essential
83

•S 1203 IS

1 contributions of older individuals to society for the

2 well-being of all generations in light of population

3 longevity;

4 (2) to identify the problems facing older individ5 uals and the commonalities of the problems with

6 problems of younger generations, some of which can

7 be alleviated through policy and program interven8 tions as well as effective life course planning;

9 (3) to examine the well-being of older individ10 uals, including the impact the well-being of older in11 dividuals has on our longevous society;

12 (4) to develop such specific and comprehensive

13 recommendations for executive and legislative action

14 as may be appropriate for maintaining and improv15 ing the well-being of older Americans;

16 (5) to develop recommendations for the coordi17 nation of Federal policy with state and local needs

18 and the implementation of such recommendations;

19 and

20 (6) to review the status and multigenerational

21 value of recommendations adopted at previous White

22 House Conferences on Aging and incorporate devel23 opments which acknowledge advances in knowledge

24 and technology.
84

•S 1203 IS

1 (d) CONFERENCE PARTICIPANTS AND DELE2 GATES.—

3 (1) PARTICIPANTS.—In order to carry out the

4 purposes of this section, the Conference shall bring

5 together—

6 (A) representatives of Federal, State, local,

7 and tribal governments;

8 (B) professional and lay people who are

9 working in the field of aging; and

10 (C) representatives of the general public,

11 particularly older individuals.

12 (2) SELECTION OF DELEGATES.—The delegates

13 shall be selected without regard to political affili14 ation or past partisan activity and shall, to the best

15 of the appointing authority’s ability, be representa16 tive of the spectrum of thought in the field of aging.

17 Delegates shall include individuals who are profes18 sionals, individuals who are nonprofessional, minor19 ity individuals, and individuals from low-income fam20 ilies. A majority of delegates shall be aged 55 or

21 older.

22 SEC. 202. CONFERENCE ADMINISTRATION.

23 (a) ADMINISTRATION.—In administering this section,

24 the Secretary shall—
85

•S 1203 IS

1 (1) provide written notice to all members of the

2 Policy Committee of each meeting, hearing, or work3 ing session of the Policy Committee not later than

4 48 hours before the occurrence of such meeting,

5 hearing, or working session;

6 (2) request the cooperation and assistance of

7 the heads of such other Federal departments and

8 agencies as may be appropriate in the carrying out

9 of this section;

10 (3) furnish all reasonable assistance, including

11 financial assistance, to State agencies on aging and

12 to area agencies on aging, and to other appropriate

13 organizations (including organizations representing

14 older Indians), to enable them to organize and con15 duct conferences and other activities in conjunction

16 with the Conference (including activities in advance

17 of the Conference, as part of the process of planning

18 for the Conference, and activities subsequent to the

19 Conference in connection with dissemination, discus20 sion, and implementation of recommendations of the

21 Conference);

22 (4) make available for public comment a pro23 posed agenda, prepared by the Policy Committee, for

24 the Conference which will reflect to the greatest ex-
86

•S 1203 IS

1 tent possible the major issues facing older individ2 uals consistent with the provisions of subsection (a);

3 (5) prepare and make available background ma4 terials for the use of delegates to the Conference

5 which the Secretary deems necessary; and

6 (6) engage such additional personnel as may be

7 necessary to carry out the provisions of this section

8 without regard to provisions of title 5, United States

9 Code, governing appointments in the competitive

10 service and the Senior Executive Service, and with11 out regard to chapter 51 and subchapter III of

12 chapter 53 of such title relating to classification and

13 pay rates for the General Schedule and the Senior

14 Executive Service.

15 (b) DUTIES.—The Secretary shall, in carrying out

16 the Secretary’s responsibilities and functions under this

17 section, and as part of the White House Conference on

18 Aging, ensure that—

19 (1) the conferences under subsection (a)(3)

20 shall—

21 (A) include a conference on older Native

22 Americans to identify conditions that adversely

23 affect older Native Americans, to propose solu24 tions to ameliorate such conditions, and to pro25 vide for the exchange of information relating to
87

•S 1203 IS

1 the delivery of services to older Native Ameri2 cans; and

3 (B) be so conducted as to ensure broad

4 participation of older individuals;

5 (2) the agenda prepared under subsection

6 (a)(4) for the Conference is published in the Federal

7 Register not later than 30 days after such agenda

8 is approved by the Policy Committee, and the Sec9 retary may republish such agenda together with the

10 recommendations of the Secretary regarding such

11 agenda;

12 (3) the personnel engaged under subsection

13 (a)(5) shall be fairly balanced in terms of points of

14 views represented and shall be appointed without re15 gard to political affiliation or previous partisan ac16 tivities;

17 (4) the recommendations of the Conference are

18 not inappropriately influenced by any appointing au19 thority or by any special interest, but will instead be

20 the result of the independent judgment of the Con21 ference; and

22 (5) current and adequate statistical data, in23 cluding decennial census data, and other information

24 on the well-being of older individuals in the United

25 States are readily available, in advance of the Con-
88

•S 1203 IS

1 ference, to the delegates of the Conference, together

2 with such information as may be necessary to evalu3 ate Federal programs and policies relating to aging.

4 In carrying out this paragraph, the Secretary is au5 thorized to make grants to, and enter into coopera6 tive agreements with, public agencies and nonprofit

7 private organizations.

8 (c) GIFTS.—

9 (1) GIFT ACCEPTANCE AUTHORITY.—The Sec10 retary may accept, on behalf of the United States,

11 gifts (in cash or in kind, including voluntary and un12 compensated services), which shall be available to

13 carry out this title. Gifts of cash shall be available

14 in addition to amounts appropriated to carry out

15 this title.

16 (2) ETHICS GUIDELINES.—The Secretary shall

17 establish written guidelines setting forth the criteria

18 to be used in determining whether the acceptance of

19 gifts or donations pursuant to this paragraph would

20 reflect unfavorably upon the ability of the Depart21 ment of Health and Human Services, the Adminis22 tration on Aging, or any employee to carry out its

23 responsibilities or official duties in a fair and objec24 tive manner, or would compromise the integrity or
89

•S 1203 IS

1 the appearance of integrity of its programs or of any

2 official involved in those programs.

3 (d) RECORDS.—The Secretary shall maintain records

4 regarding—

5 (1) the sources, amounts, and uses of gifts ac6 cepted under subsection (c); and

7 (2) the identity of each person receiving assist8 ance to carry out this title, and the amount of such

9 assistance received by each such person.

10 SEC. 203. POLICY COMMITTEE; RELATED COMMITTEES.

11 (a) POLICY COMMITTEE.—

12 (1) ESTABLISHMENT.—There is established a

13 Policy Committee comprised of 25 members to be se14 lected, not later than 90 days after the enactment

15 of the Older Americans Act of 1999, as follows:

16 (A) PRESIDENTIAL APPOINTEES.—13

17 members shall be selected by the President and

18 shall include—

19 (i) 3 members who are officers or em20 ployees of the United States; and

21 (ii) 10 members with experience in the

22 field of aging, who may include representa23 tives of public aging agencies, institution24 based organizations, and minority aging
90

•S 1203 IS

1 organizations, and shall include a member

2 of the Federal Council on the Aging.

3 (B) HOUSE APPOINTEES.—2 members

4 shall be selected by the Speaker of the House

5 of Representatives, and 2 members by the Mi6 nority Leader of the House of Representatives,

7 after consultation with the Committee on Edu8 cation and the Workforce and the Committee

9 on Ways and Means of the House of Represent10 atives.

11 (C) SENATE APPOINTEES.—2 members

12 shall be selected by the Majority Leader of the

13 Senate, and 2 members by the Minority Leader

14 of the Senate, after consultation with members

15 of the Committee on Health, Education, Labor,

16 and Pensions and the Special Committee on

17 Aging of the Senate.

18 (D) JOINT APPOINTEES.—2 members shall

19 be selected jointly by the Speaker of the House

20 of Representatives and the Majority Leader of

21 the Senate, and 2 members shall be selected

22 jointly by the minority leaders of the House and

23 Senate, and shall include representatives with

24 experience in the field of aging, who may in-
91

•S 1203 IS

1 clude representatives described in subsection

2 (a)(1)(A)(ii).

3 (2) DUTIES OF THE POLICY COMMITTEE.—The

4 Policy Committee shall initially meet at the call of

5 the Secretary, but not later than 30 days after the

6 last member is selected under subsection (a). Subse7 quent meetings of the Policy Committee shall be

8 held at the call of the chairperson of the Policy

9 Committee. Through meetings, hearings, and work10 ing sessions, the Policy Committee shall—

11 (A) make recommendations to the Sec12 retary to facilitate the timely convening of the

13 Conference;

14 (B) formulate and approve a proposed

15 agenda for the Conference not later than 60

16 days after the first meeting of the Policy Com17 mittee;

18 (C) make recommendations for partici19 pants and delegates of the Conference;

20 (D) establish the number of delegates to be

21 selected under section 301(d)(2); and

22 (E) formulate and approve the initial re23 port of the Conference in accordance with sec24 tion 304.
92

•S 1203 IS

1 (3) QUORUM; COMMITTEE VOTING; CHAIR2 PERSON.—

3 (A) QUORUM.—13 members shall con4 stitute a quorum for the purpose of conducting

5 the business of the Policy Committee, except

6 that 17 members shall constitute a quorum for

7 purposes of approving the agenda required by

8 paragraph (2)(B) and the report required by

9 paragraph (2)(E).

10 (B) VOTING.—The Policy Committee shall

11 act by the vote of the majority of the members

12 present.

13 (C) CHAIRPERSON.—The President shall

14 select a chairperson from among the members

15 of the Policy Committee. The chairperson may

16 vote only to break a tie vote of the other mem17 bers of the Policy Committee.

18 (b) OTHER COMMITTEES.—The Secretary may estab19 lish such other committees, including technical commit20 tees, as may be necessary to assist in the planning, con21 ducting, and reviewing of the Conference.

22 (c) COMPOSITION OF COMMITTEES.—Each com23 mittee established under subsection (b) shall be composed

24 of professionals and public members, and shall include in25 dividuals from low-income families, and individuals who
93

•S 1203 IS

1 are Native Americans. Appropriate efforts shall be made

2 to include individuals who are members of minority

3 groups. A majority of the public members of each such

4 committee shall be 55 years of age or older.

5 (d) COMPENSATION.—Appointed members of any

6 such committee (other than any officers or employees of

7 the Federal Government), while attending conferences or

8 meetings of the committee or otherwise serving at the re9 quest of the Secretary, while away from their homes or

10 regular places of business, may be allowed travel expenses,

11 including per diem in lieu of subsistence, at the rate au12 thorized under section 5708 of title 5, United States Code,

13 for persons employed intermittently in Federal Govern14 ment services.

15 SEC. 204. REPORT OF THE CONFERENCE.

16 (a) PROPOSED REPORT.—A proposed report of the

17 Conference, which shall include a statement of comprehen18 sive coherent national policy on aging together with rec19 ommendations for the implementation of the policy, shall

20 be published and submitted to the chief executive officers

21 of the States not later than 90 days following the date

22 on which the Conference is adjourned. The findings and

23 recommendations included in the published proposed re24 port shall be immediately available to the public.
94

•S 1203 IS

1 (b) RESPONSE TO PROPOSED REPORT.—The chief

2 executive officers of the States, after reviewing and solic3 iting recommendations and comments on the report of the

4 Conference, shall submit to the Policy Committee, not

5 later than 90 days after receiving the report, their views

6 and findings on the recommendations of the Conference.

7 (c) REPORTS.—

8 (1) INITIAL REPORT.—The Policy Committee

9 shall, after reviewing the views and recommenda10 tions of the chief executive officers of the States,

11 prepare and approve an initial report of the Con12 ference, which shall include a compilation of the ac13 tions of the chief executive officers of the States and

14 take into consideration the views and findings of

15 such officers.

16 (2) PUBLICATION OF INITIAL REPORT; FINAL

17 REPORT.—Not later than 60 days after such initial

18 report is transmitted by the Policy Committee, the

19 Secretary shall publish such initial report in the

20 Federal Register. The Secretary shall republish a

21 final report together with such additional views and

22 recommendations as the Secretary considers to be

23 appropriate.

24 (d) RECOMMENDATIONS OF THE POLICY COM25 MITTEE.—The Policy Committee shall, within 90 days
95

•S 1203 IS

1 after submission of the views of the chief executive officers

2 of the States, publish and transmit to the President and

3 to the Congress recommendations for the administrative

4 action and the legislation necessary to implement the rec5 ommendations contained within the report.

6 SEC. 205. DEFINITIONS.

7 For the purposes of this title—

8 (1) the term ‘‘area agency on aging’’ has the

9 meaning given the term in section 102 of the Older

10 Americans Act of 1965;

11 (2) the term ‘‘State agency on aging’’ means

12 the State agency designated under section 305(a)(1)

13 of the Act;

14 (3) the term ‘‘Secretary’’ means the Secretary

15 of Health and Human Services;

16 (4) the term ‘‘Conference’’ means the White

17 House Conference on Aging; and

18 (5) the term ‘‘State’’ means any of the several

19 States, the District of Columbia, the Commonwealth

20 of Puerto Rico, Guam, American Samoa, the Virgin

21 Islands, the Commonwealth of the Northern Mar22 iana Islands, and the Trust Territory of the Pacific

23 Islands.
96

•S 1203 IS

1 SEC. 206. AUTHORIZATION OF APPROPRIATIONS.

2 (a) AUTHORIZATION.—There are authorized to be ap3 propriated such sums as may be necessary for fiscal years

4 2001 through 2007 to carry out this title.

5 (b) AVAILABILITY OF FUNDS.—

6 (1) IN GENERAL.—Funds appropriated to carry

7 out this title and funds received as gifts under sec8 tion 303(c) shall remain available until expended.

9 (2) UNOBLIGATED FUNDS.—Any funds de10 scribed in paragraph (1) that are unobligated as of

11 the date one year after the date the Conference ad12 journs shall be available to carry out the Older

13 Americans Act of 1965.

Æ