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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 782 Engrossed in House (EH)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
106th CONGRESS
  2d Session
                                H. R. 782

_______________________________________________________________________

                                 AN ACT

 
 To amend the Older Americans Act of 1965 to extend authorizations of 
 appropriations for programs under the Act, to modernize programs and 
        services for older individuals, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Older Americans Act Amendments of 
2000''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents of this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
    TITLE I--AMENDMENT TO TITLE I OF THE OLDER AMERICANS ACT OF 1965

Sec. 101. Definitions.
TITLE II--AMENDMENTS TO TITLE II OF THE OLDER AMERICANS ACT OF 1965 AND 
               THE OLDER AMERICANS ACT AMENDMENTS OF 1987

 Subtitle A--Amendments to Title II of the Older Americans Act of 1965

Sec. 201. Functions of assistant secretary.
Sec. 202. Federal agency consultation.
Sec. 203. Evaluation.
Sec. 204. Reports.
Sec. 205.  authorization of appropriations.
  Subtitle B--Amendments to the Older Americans Act Amendments of 1987

Sec. 211. White house conference.
 TITLE III--AMENDMENTS TO TITLE III OF THE OLDER AMERICANS ACT OF 1965

Sec. 301. Purpose.
Sec. 302. Authorization of appropriations.
Sec. 303. Allotment; Federal share.
Sec. 304. Organization.
Sec. 305. Area plans.
Sec. 306. State plans. 
Sec. 307. Planning, coordination, evaluation, and administration of 
                            State plans.
Sec. 308. Availability of disaster relief funds to tribal 
                            organizations.
Sec. 309. Nutrition services incentive program.
Sec. 310. Consumer contributions and waivers.
Sec. 311. Supportive services and senior centers.
Sec. 312. Nutrition services.
Sec. 313. Nutrition requirements.
Sec. 314. In-home services and additional assistance.
Sec. 315. Definition.
Sec. 316. National family caregiver support program.
 TITLE IV--TRAINING, RESEARCH, AND DISCRETIONARY PROJECTS AND PROGRAMS

Sec. 401. Projects and programs
    TITLE V--AMENDMENT TO TITLE V OF THE OLDER AMERICANS ACT OF 1965

Sec. 501. Amendment to title v of the older americans act of 1965.
  TITLE VI--AMENDMENTS TO TITLE VI OF THE OLDER AMERICANS ACT OF 1965

Sec. 601. Eligibility.
Sec. 602. Applications.
Sec. 603. Authorization of appropriations.
Sec. 604. General provisions.
 TITLE VII--AMENDMENTS TO TITLE VII OF THE OLDER AMERICANS ACT OF 1965

Sec. 701. Authorization of appropriations.
Sec. 702. Allotment.
Sec. 703. Additional State plan requirements.
Sec. 704. State long-term care ombudsman program.
Sec. 705. Prevention of elder abuse, neglect, and exploitation.
Sec. 706. Assistance programs.
Sec. 707. Native american programs.
            TITLE VIII--TECHNICAL AND CONFORMING AMENDMENTS

Sec. 801. Technical and conforming amendments.

    TITLE I--AMENDMENT TO TITLE I OF THE OLDER AMERICANS ACT OF 1965

SEC. 101. DEFINITIONS.

    Section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002) is 
amended--
            (1) in paragraph (3), by striking ``the Commonwealth of the 
        Northern Mariana Islands, and the Trust Territory of the 
        Pacific Islands.'' and inserting ``and the Commonwealth of the 
        Northern Mariana Islands.'';
            (2) by striking paragraph (12) and inserting the following:
            ``(12) The term `disease prevention and health promotion 
        services' means--
                    ``(A) health risk assessments;
                    ``(B) routine health screening, which may include 
                hypertension, glaucoma, cholesterol, cancer, vision, 
                hearing, diabetes, bone density, and nutrition 
                screening;
                    ``(C) nutritional counseling and educational 
                services for individuals and their primary caregivers;
                    ``(D) health promotion programs, including but not 
                limited to programs relating to prevention and 
                reduction of effects of chronic disabling conditions 
                (including osteoporosis and cardiovascular disease), 
                alcohol and substance abuse reduction, smoking 
                cessation, weight loss and control, and stress 
                management;
                    ``(E) programs regarding physical fitness, group 
                exercise, and music therapy, art therapy, and dance-
                movement therapy, including programs for 
                multigenerational participation that are provided by--
                            ``(i) an institution of higher education;
                            ``(ii) a local educational agency, as 
                        defined in section 14101 of the Elementary and 
                        Secondary Education Act of 1965 (20 U.S.C. 
                        8801); or
                            ``(iii) a community-based organization;
                    ``(F) home injury control services, including 
                screening of high-risk home environments and provision 
                of educational programs on injury prevention (including 
                fall and fracture prevention) in the home environment;
                    ``(G) screening for the prevention of depression, 
                coordination of community mental health services, 
                provision of educational activities, and referral to 
                psychiatric and psychological services;
                    ``(H) educational programs on the availability, 
                benefits, and appropriate use of preventive health 
                services covered under title XVIII of the Social 
                Security Act (42 U.S.C. 1395 et seq.);
                    ``(I) medication management screening and education 
                to prevent incorrect medication and adverse drug 
                reactions;
                    ``(J) information concerning diagnosis, prevention, 
                treatment, and rehabilitation concerning age-related 
                diseases and chronic disabling conditions, including 
                osteoporosis, cardiovascular diseases, diabetes, and 
                Alzheimer's disease and related disorders with 
                neurological and organic brain dysfunction;
                    ``(K) gerontological counseling; and
                    ``(L) counseling regarding social services and 
                followup health services based on any of the services 
described in subparagraphs (A) through (K).
        The term shall not include services for which payment may be 
        made under titles XVIII and XIX of the Social Security Act (42 
        U.S.C. 1395 et seq., 1396 et seq.).'';
            (3) by striking paragraph (18) and redesignating paragraphs 
        (19), (20), (21), and (22) as paragraphs (18), (19), (20), and 
        (21);
            (4) by striking paragraphs (19) and (20) (as redesignated) 
        and inserting the following:
            ``(19) The term `in-home services' includes--
                    ``(A) services of homemakers and home health aides;
                    ``(B) visiting and telephone reassurance;
                    ``(C) chore maintenance;
                    ``(D) in-home respite care for families, and adult 
                day care as a respite service for families;
                    ``(E) minor modification of homes that is necessary 
                to facilitate the ability of older individuals to 
                remain at home and that is not available under another 
                program (other than a program carried out under this 
                Act);
                    ``(F) personal care services; and
                    ``(G) other in-home services as defined--
                            ``(i) by the State agency in the State plan 
                        submitted in accordance with section 307; and
                            ``(ii) by the area agency on aging in the 
                        area plan submitted in accordance with section 
                        306.
            ``(20) The term `Native American' means--
                    ``(A) an Indian as defined in paragraph (5); and
                    ``(B) a Native Hawaiian, as defined in section 
                625.'';
            (5) by striking paragraph (23) and redesignating paragraphs 
        (24) through (35) as paragraphs (22), (23), (24), (25), (26), 
        (27), (28), (29), (30), (31), (32), and (33);
            (6) by striking paragraph (36) and redesignating the 
        remaining paragraphs; and
            (7) by adding at the end the following:
            ``(42) The term `family violence' has the same meaning 
        given the term in the Family Violence Prevention and Services 
        Act (42 U.S.C. 10408).
            ``(43) The term `sexual assault' has the meaning given the 
        term in section 2003 of the Omnibus Crime Control and Safe 
        Streets Act of 1968 (42 U.S.C. 3796gg-2).''.

TITLE II--AMENDMENTS TO TITLE II OF THE OLDER AMERICANS ACT OF 1965 AND 
               THE OLDER AMERICANS ACT AMENDMENTS OF 1987

 Subtitle A--Amendments to Title II of the Older Americans Act of 1965

SEC. 201. FUNCTIONS OF ASSISTANT SECRETARY.

    Section 202 of the Older Americans Act of 1965 (42 U.S.C. 3012) is 
amended--
            (1) in subsection (a)--
                    (A) by striking paragraph (9) and redesignating 
                paragraphs (10), (11), and (12) as paragraphs (9), 
                (10), and (11) respectively;
                    (B) by striking parargraphs (13) and (14) and 
                redesignating the remaining paragraphs;
                    (C) in paragraph (15) (as redesignated), by 
                inserting ``and older individuals residing in rural 
                areas'' after ``low-income minority individuals'';
                    (D) in paragraph (18)(B) (as redesignated), by 
                striking ``1990'' and inserting ``2000'';
                    (E) by striking paragraph (19) (as redesignated) 
                and inserting the following:
            ``(19) conduct strict monitoring of State compliance with 
        the requirements in effect, under this Act to prohibit 
        conflicts of interest and to maintain the integrity and public 
        purpose of services provided and service providers, under this 
        Act in all contractual and commercial relationships;'';
                    (F) by striking paragraph (21) (as redesignated) 
                and inserting the following:
            ``(21) establish information and assistance services as 
        priority services for older individuals, and develop and 
        operate, either directly or through contracts, grants, or 
        cooperative agreements, a National Eldercare Locator Service, 
        providing information and assistance services through a 
        nationwide toll-free number to identify community resources for 
        older individuals;'';
                    (G) by striking paragraph (24) (as redesignated) 
                and inserting the following:
            ``(24) establish and carry out pension counseling and 
        information programs described in section 215;''; and
                    (H) by striking paragraph (27) and redesignating 
                the remaining paragraphs;
                    (I) by adding a new paragraph (27):
            ``(27) improve the delivery of services to older 
        individuals living in rural areas through--
                    ``(A) synthesizing results of research on how best 
                to meet the service needs of older individuals in rural 
                areas;
                    ``(B) developing a resource guide on best practices 
                for States, area agencies on aging, and service 
                providers;
                    ``(C) providing training and technical assistance 
                to States to implement these best practices of service 
                delivery; and
                    ``(D) submitting a report on the States' 
                experiences in implementing these best practices and 
                the effect these innovations are having on improving 
                service delivery in rural areas to the relevant 
                committees not later than 36 months after enactment.'';
            (2) in subsection (d)(4), by striking ``1990'' and 
        inserting ``2000''; and
            (3) by adding at the end the following:
    ``(f)(1) The Assistant Secretary, in accordance with the process 
described in paragraph (2), and in collaboration with a representative 
group of State agencies, tribal organizations, area agencies on aging, 
and providers of services involved in the performance outcome measures 
shall develop and publish by December 31, 2001, a set of performance 
outcome measures for planning, managing, and evaluating activities 
performed and services provided under this Act. To the maximum extent 
possible, the Assistant Secretary shall use data currently collected 
(as of the date of development of the measures) by State agencies, area 
agencies on aging, and service providers through the National Aging 
Program Information System and other applicable sources of information 
in developing such measures.
    ``(2) The process for developing the performance outcome measures 
described in paragraph (1) shall include--
            ``(A) a review of such measures currently in use by State 
        agencies and area agencies on aging (as of the date of the 
        review);
            ``(B) development of a proposed set of such measures that 
        provides information about the major activities performed and 
        services provided under this Act;
            ``(C) pilot testing of the proposed set of such measures, 
        including an identification of resource, infrastructure, and 
        data collection issues at the State and local levels; and
            ``(D) evaluation of the pilot test and recommendations for 
        modification of the proposed set of such measures.''.

SEC. 202. FEDERAL AGENCY CONSULTATION.

    Title II of the Older Americans Act of 1965 (42 U.S.C. 3011 et 
seq.) is amended--
            (1) in section 203(a)(3)(A), by inserting ``and older 
        individuals residing in rural areas'' after ``low-income 
        minority older individuals'';
            (2) by striking section 204 and inserting the following:

``SEC. 204. GIFTS AND DONATIONS.

    ``(a) Gifts and Donations.--The Assistant Secretary may accept, 
use, and dispose of, on behalf of the United States, gifts or donations 
(in cash or in kind, including voluntary and uncompensated services or 
property), which shall be available until expended for the purposes 
specified in subsection (b). Gifts of cash and proceeds of the sale of 
property shall be available in addition to amounts appropriated to 
carry out this Act.
    ``(b) Use of Gifts and Donations.--Gifts and donations accepted 
pursuant to subsection (a) may be used either directly, or for grants 
to or contracts with public or nonprofit private entities, for the 
following activities:
            ``(1) The design and implementation of demonstrations of 
        innovative ideas and best practices in programs and services 
        for older individuals.
            ``(2) The planning and conduct of conferences for the 
        purpose of exchanging information, among concerned individuals 
        and public and private entities and organizations, relating to 
        programs and services provided under this Act and other 
        programs and services for older individuals.
            ``(3) The development, publication, and dissemination of 
        informational materials (in print, visual, electronic, or other 
        media) relating to the programs and services provided under 
        this Act and other matters of concern to older individuals.
    ``(c) Ethics Guidelines.--The Assistant Secretary shall establish 
written guidelines setting forth the criteria to be used in determining 
whether a gift or donation should be declined under this section 
because the acceptance of the gift or donation would--
            ``(1) reflect unfavorably upon the ability of the 
        Administration, the Department of Health and Human Services, or 
        any employee of the Administration or Department, to carry out 
        responsibilities or official duties under this Act in a fair 
        and objective manner; or
            ``(2) compromise the integrity or the appearance of 
        integrity of programs or services provided under this Act or of 
        any official involved in those programs or services.'';
            (3) in section 205, by striking subsections (c) and (d) and 
        redesignating subsection (e) as subsection (c);
            (4) by redesignating section 215 as section 216; and
            (5) by inserting after section 214 the following:

``SEC. 215. PENSION COUNSELING AND INFORMATION PROGRAMS.

    ``(a) Definitions.--In this section:
            ``(1) Pension and other retirement benefits.--The term 
        `pension and other retirement benefits' means private, civil 
        service, and other public pensions and retirement benefits, 
        including benefits provided under--
                    ``(A) the Social Security program under title II of 
                the Social Security Act (42 U.S.C. 401 et seq.);
                    ``(B) the railroad retirement program under the 
                Railroad Retirement Act of 1974 (45 U.S.C. 231 et 
                seq.);
                    ``(C) the government retirement benefits programs 
                under the Civil Service Retirement System set forth in 
                chapter 83 of title 5, United States Code, the Federal 
                Employees Retirement System set forth in chapter 84 of 
                title 5, United States Code, or other Federal 
                retirement systems; or
                    ``(D) employee pension benefit plans as defined in 
                section 3(2) of the Employee Retirement Income Security 
                Act of 1974 (29 U.S.C. 1002(2)).
            ``(2) Pension counseling and information program.--The term 
        `pension counseling and information program' means a program 
        described in subsection (b).
    ``(b) Program Authorized.--The Assistant Secretary shall award 
grants to eligible entities to establish and carry out pension 
counseling and information programs that create or continue a 
sufficient number of pension assistance and counseling programs to 
provide outreach, information, counseling, referral, and other 
assistance regarding pension and other retirement benefits, and rights 
related to such benefits, to individuals in the United States.
    ``(c) Eligible Entities.--The Assistant Secretary shall award 
grants under this section to--
            ``(1) State agencies or area agencies on aging; and
            ``(2) nonprofit organizations with a proven record of 
        providing--
                    ``(A) services related to retirement of older 
                individuals;
                    ``(B) services to Native Americans; or
                    ``(C) specific pension counseling.
    ``(d) Citizen Advisory Panel.--The Assistant Secretary shall 
establish a citizen advisory panel to advise the Assistant Secretary 
regarding which entities should receive grant awards under this 
section. Such panel shall include representatives of business, labor, 
national senior advocates, and national pension rights advocates. The 
Assistant Secretary shall consult such panel prior to awarding grants 
under this section.
    ``(e) Application.--To be eligible to receive a grant under this 
section, an entity shall submit an application to the Assistant 
Secretary at such time, in such manner, and containing such information 
as the Assistant Secretary may require, including--
            ``(1) a plan to establish a pension counseling and 
        information program that--
                    ``(A) establishes or continues a State or area 
                pension counseling and information program;
                    ``(B) serves a specific geographic area;
                    ``(C) provides counseling (including direct 
                counseling and assistance to individuals who need 
                information regarding pension and other retirement 
                benefits) and information that may assist individuals 
                in obtaining, or establishing rights to, and filing 
                claims or complaints regarding, pension and other 
                retirement benefits;
                    ``(D) provides information on sources of pension 
                and other retirement benefits;
                    ``(E) establishes a system to make referrals for 
                legal services and other advocacy programs;
                    ``(F) establishes a system of referral to Federal, 
                State, and local departments or agencies related to 
                pension and other retirement benefits;
                    ``(G) provides a sufficient number of staff 
                positions (including volunteer positions) to ensure 
                information, counseling, referral, and assistance 
                regarding pension and other retirement benefits;
                    ``(H) provides training programs for staff members, 
                including volunteer staff members, of pension and other 
                retirement benefits programs;
                    ``(I) makes recommendations to the Administration, 
                the Department of Labor and other Federal, State and 
                local agencies concerning issues for older individuals 
                related to pension and other retirement benefits; and
                    ``(J) establishes or continues an outreach program 
                to provide information, counseling, referral and 
                assistance regarding pension and other retirement 
                benefits, with particular emphasis on outreach to 
                women, minorities, older individuals residing in rural 
                areas and low income retirees; and
            ``(2) an assurance that staff members (including volunteer 
        staff members) have no conflict of interest in providing the 
        services described in the plan described in paragraph (1).
    ``(f) Criteria.--The Assistant Secretary shall consider the 
following criteria in awarding grants under this section:
            ``(1) Evidence of a commitment by the entity to carry out a 
        proposed pension counseling and information program.
            ``(2) The ability of the entity to perform effective 
        outreach to affected populations, particularly populations that 
        are identified in need of special outreach.
            ``(3) Reliable information that the population to be served 
        by the entity has a demonstrable need for the services proposed 
        to be provided under the program.
            ``(4) The ability of the entity to provide services under 
        the program on a statewide or regional basis.
    ``(g) Training and Technical Assistance Program.--
                    ``(1) In general.--The Assistant Secretary shall 
                award grants to eligible entities to establish training 
                and technical assistance programs that shall provide 
                information and technical assistance to the staffs of 
                entities operating pension counseling and information 
                programs described in subsection (b), and general 
                assistance to such entities, including assistance in 
                the design of program evaluation tools.
                    ``(2) Eligible entities.--Entities that are 
                eligible to receive a grant under this subsection 
                include nonprofit private organizations with a record 
                of providing national information, referral, and 
                advocacy in matters related to pension and other 
                retirement benefits.
                    ``(3) Application.--To be eligible to receive a 
                grant under this subsection, an entity shall submit an 
                application to the Assistant Secretary at such time, in 
                such manner, and containing such information as the 
                Assistant Secretary may require.
    ``(h) Pension Assistance Hotline and Intragency Coordination.--
            ``(1) Hotline.--The Assistant Secretary shall enter into 
        agreements with other Federal agencies to establish and 
        administer a national telephone hotline that shall provide 
        information regarding pension and other retirement benefits, 
        and rights related to such benefits.
            ``(2) Content.--Such hotline described in paragraph (1) 
        shall provide information for individuals seeking outreach, 
        information, counseling, referral, and assistance regarding 
        pension and other retirement benefits, and rights related to 
        such benefits.
            ``(3) Agreements.--The Assistant Secretary may enter into 
        agreements with the Secretary of Labor and the heads of other 
        Federal agencies that regulate the provision of pension and 
        other retirement benefits in order to carry out this 
        subsection.
    ``(i) Report to Congress.--Not later than 30 months after the date 
of the enactment of this section, the Assistant Secretary shall submit 
to the Committee on Education and the Workforce of the House of 
Representatives and the Committee on Health, Education, Labor and 
Pensions of the Senate a report that--
            ``(1) summarizes the distribution of funds authorized for 
        grants under this section and the expenditure of such funds;
            ``(2) summarizes the scope and content of training and 
        assistance provided under a program carried out under this 
        section and the degree to which the training and assistance can 
        be replicated;
            ``(3) outlines the problems that individuals participating 
        in programs funded under this section encountered concerning 
        rights related to pension and other retirement benefits; and
            ``(4) makes recommendations regarding the manner in which 
        services provided in programs funded under this section can be 
        incorporated into the ongoing programs of State agencies, area 
        agencies on aging, multipurpose senior centers and other 
        similar entities.
    ``(j) Administrative Expenses.--Of the funds appropriated under 
section 216 to carry out this section for a fiscal year, not more than 
$100,000 may be used by the Administration for administrative 
expenses.''.

SEC. 203. EVALUATION.

    Section 206 of the Older Americans Act of 1965 (42 U.S.C. 3017) is 
amended--
            (1) in subsection (a), by inserting ``and older individuals 
        residing in rural areas'' after ``low-income minority 
        individuals'' each place it appears;
            (2) in subsection (c), by inserting ``, older individuals 
        residing in rural areas'' after ``minority individuals'';
            (3) by striking subsection (g); and
            (4) by redesignating subsection (h) as subsection (g).

SEC. 204. REPORTS.

    Section 207 of the Older Americans Act of 1965 (42 U.S.C. 3018) is 
amended--
            (1) in subsection (a)(4), by inserting ``older individuals 
        residing in rural areas,'' after ``low-income minority 
        individuals,''; and
            (2) in subsection (c)(5) by inserting ``and older 
        individuals residing in rural areas'' after ``low-income 
        minority individuals'' each place it appears.

SEC. 205. AUTHORIZATION OF APPROPRIATIONS.

    Section 216 of the Older Americans Act of 1965 (42 U.S.C. 3020f) 
(as redesignated by section 202) is amended--
            (1) in subsection (a)--
                    (A) by striking ``(a) Administration.--'' and 
                inserting ``(a) In General.--'';
                    (B) by striking ``1992'' and all that follows 
                through the period and inserting ``2001, 2002, 2003, 
                2004, and 2005''; and
                    (C) by inserting ``administration, salaries, and 
                expenses of'' after ``appropriated for''; and
            (2) by striking subsection (b) and inserting the following:
    ``(b) Eldercare Locator Service.--There are authorized to be 
appropriated to carry out section 202(a)(24) (relating to the National 
Eldercare Locator Service) such sums as may be necessary for fiscal 
year 2001, and such sums as may be necessary for each of the 4 
succeeding fiscal years.
    ``(c) Pension Counseling and Information Programs.--There are 
authorized to be appropriated to carry out section 215, such sums as 
may be necessary for fiscal year 2001 and for each of the 4 succeeding 
fiscal years.''.

  Subtitle B--Amendments to the Older Americans Act Amendments of 1987

SEC. 211. WHITE HOUSE CONFERENCE.

    Title II of the Older Americans Act Amendments of 1987 (42 U.S.C. 
3001 note) is amended--
            (1) by striking section 201;
            (2) by redesignating sections 202, 203, 204, 205, 206, and 
        207, as sections 201, 202, 203, 204, 205, and 206, 
        respectively;
            (3) in section 201 (as redesignated by paragraph (2))--
                    (A) by striking subsections (a), (b), and (c) and 
                inserting the following:
    ``(a) Authority To Call Conference.--Not later than December 31, 
2005, the President shall convene the White House Conference on Aging 
in order to fulfill the purpose set forth in subsection (c) and to make 
fundamental policy recommendations regarding programs that are 
important to older individuals and to the families and communities of 
such individuals.
    ``(b) Planning and Direction.--The Conference described in 
subsection (a) shall be planned and conducted under the direction of 
the Secretary, in cooperation with the Assistant Secretary for Aging, 
the Director of the National Institute on Aging, the Administrator of 
the Health Care Financing Administration, the Social Security 
Administrator, and the heads of such other Federal agencies serving 
older individuals as are appropriate. Planning and conducting the 
Conference includes the assignment of personnel.
    ``(c) Purpose.--The purpose of the Conference described in 
subsection (a) shall be to gather individuals representing the spectrum 
of thought and experience in the field of aging to--
            ``(1) evaluate the manner in which the objectives of this 
        Act can be met by using the resources and talents of older 
        individuals, of families and communities of such individuals, 
        and of individuals from the public and private sectors;
            ``(2) evaluate the manner in which national policies that 
        are related to economic security and health care are prepared 
        so that such policies serve individuals born from 1946 to 1964 
        and later, as the individuals become older individuals, 
        including an examination of the Social Security, medicare, and 
        medicaid programs carried out under titles II, XVIII, and XIX 
        of the Social Security Act (42 U.S.C. 401 et seq., 1395 et 
        seq., and 1396 et seq.) in relation to providing services under 
        this Act, and determine how well such policies respond to the 
        needs of older individuals; and
            ``(3) develop not more than 50 recommendations to guide the 
        President, Congress, and Federal agencies in serving older 
        individuals.''; and
                    (B) in subsection (d)(2), by striking ``and 
                individuals from low-income families.'' and inserting 
                ``individuals from low-income families, representatives 
                of Federal, State, and local governments, and 
                individuals from rural areas. A majority of such 
                delegates shall be age 55 or older.'';
            (4) in section 202 (as redesignated by paragraph (2))--
                    (A) in subsection (a)--
                            (i) by striking paragraph (3); and
                            (ii) by redesignating paragraphs (4), (5), 
                        and (6) as paragraphs (3), (4), and (5), 
                        respectively;
                    (B) in subsection (b)--
                            (i) by striking paragraph (1);
                            (ii) by redesignating paragraphs (2), (3), 
                        (4), and (5) as paragraphs (1), (2), (3), and 
                        (4) respectively;
                            (iii) in paragraph (1) (as redesignated by 
                        clause (ii))--
                                    (I) by striking ``subsection 
                                (a)(4)'' and inserting ``subsection 
                                (a)(3)''; and
                                    (II) by striking ``regarding such 
                                agenda,'' and inserting ``regarding 
                                such agenda, and''; and
                            (iv) in paragraph (2) (as redesignated by 
                        clause (ii)), by striking ``subsection (a)(6)'' 
                        and inserting ``subsection (a)(5)''; and
                    (C) in subsection (c), by adding at the end ``Gifts 
                may be earmarked by the donor or the executive 
                committee for a specific purpose.'';
            (5) in section 203(a) (as redesignated by paragraph (2))--
                    (A) by striking paragraph (1) and inserting the 
                following:
            ``(1) Establishment.--There is established a Policy 
        Committee comprised of 17 members to be selected, not later 
        than 2 years prior to the date on which the Conference 
        convenes, as follows:
                    ``(A) Presidential appointees.--Nine members shall 
                be selected by the President and shall include--
                            ``(i) 3 members who are officers or 
                        employees of the United States; and
                            ``(ii) 6 members with experience in the 
                        field of aging, including providers and 
                        consumers of aging services.
                    ``(B) House appointees.--Two members shall be 
                selected by the Speaker of the House of 
                Representatives, after consultation with the Committee 
                on Education and the Workforce and the Committee on 
                Ways and Means of the House of Representatives, and 2 
                members shall be selected by the Minority Leader of the 
                House of Representatives, after consultation with such 
                committees.
                    ``(C) Senate appointees.--Two members shall be 
                selected by the Majority Leader of the Senate, after 
                consultation with members of the Committee on Health, 
                Education, Labor, and Pensions and the Special 
                Committee on Aging of the Senate, and 2 members shall 
                be selected by the Minority Leader of the Senate, after 
                consultation with members of such committees.'';
                    (B) in paragraph (2)--
                            (i) in subparagraph (B), by striking 
                        ``Committee'' and inserting ``Committee for the 
                        Secretary''; and
                            (ii) by striking subparagraphs (D) and (E) 
                        and inserting the following:
                    ``(D) establish the number of delegates to be 
                selected under section 201(d)(2);
                    ``(E) establish an executive committee consisting 
                of 3 to 5 members, with a majority of such members 
                being age 55 or older, to work with Conference staff; 
                and
                    ``(F) establish other committees as needed that 
                have a majority of members who are age 55 or older.''; 
                and
                    (C) by striking paragraph (3) and inserting the 
                following:
            ``(3) Voting; chairperson.--
                    ``(A) Voting.--The Policy Committee shall act by 
                the vote of a majority of the members present. A quorum 
                of Committee members shall not be required to conduct 
                Committee business.
                    ``(B) Chairperson.--The President shall select the 
                chairperson from among the members of the Policy 
                Committee. The chairperson may vote only to break a tie 
                vote of the other members of the Policy Committee.'';
            (6) by striking section 204 (as redesignated by paragraph 
        (2)) and inserting the following:

``SEC. 204. REPORT OF THE CONFERENCE.

    ``(a) Preliminary Report.--Not later than 100 days after the date 
on which the Conference adjourns, the Policy Committee shall publish 
and deliver to the chief executive officers of the States a preliminary 
report on the Conference. Comments on the preliminary report of the 
Conference shall be accepted by the Policy Committee.
    ``(b) Final Report.--Not later than 6 months after the date on 
which the Conference adjourns, the Policy Committee shall publish and 
transmit to the President and to Congress recommendations resulting 
from the Conference and suggestions for any administrative action and 
legislation necessary to implement the recommendations contained within 
the report.''; and
            (7) in section 206 (as redesignated by paragraph (2))--
                    (A) in subsection (a), by striking paragraph (1) 
                and inserting the following:
            ``(1) In general.--There are authorized to be appropriated 
        to carry out this section--
                    ``(A) such sums as may be necessary for the first 
                fiscal year in which the Policy Committee plans the 
                Conference and for the following fiscal year; and
                    ``(B) such sums as may be necessary for the fiscal 
                year in which the Conference is held.''; and
                    (B) in subsection (b)--
                            (i) in paragraph (1), by striking ``section 
                        203(c)'' and inserting ``section 202(c)''; and
                            (ii) in paragraph (3), by striking 
                        ``December 31, 1995'' and inserting ``December 
                        31, 2005''.

 TITLE III--AMENDMENTS TO TITLE III OF THE OLDER AMERICANS ACT OF 1965

SEC. 301. PURPOSE.

    Section 301 of the Older Americans Act of 1965 (42 U.S.C. 3021) is 
amended by adding at the end the following:
    ``(d)(1) Any funds received under an allotment as described in 
section 304(a), or funds contributed toward the non-Federal share under 
section 304(d), shall be used only for activities and services to 
benefit older individuals and other individuals as specifically 
provided for in this title.
    ``(2) No provision of this title shall be construed as prohibiting 
a State agency or area agency on aging from providing services by using 
funds from sources not described in paragraph (1).''.

SEC. 302. AUTHORIZATION OF APPROPRIATIONS.

    Section 303 of the Older Americans Act of 1965 (42 U.S.C 3023) is 
amended--
            (1) by striking subsection (a)(1) and inserting the 
        following:
    ``(a)(1) There are authorized to be appropriated to carry out part 
B (relating to supportive services) such sums as may be necessary for 
fiscal year 2001, and such sums as may be necessary for each of the 4 
succeeding fiscal years.'';
            (2) by striking subsection (b) and inserting the following:
    ``(b)(1) There are authorized to be appropriated to carry out 
subpart 1 of part C (relating to congregate nutrition services) such 
sums as may be necessary for fiscal year 2001, and such sums as may be 
necessary for each of the 4 succeeding fiscal years.
    ``(2) There are authorized to be appropriated to carry out subpart 
2 of part C (relating to home delivered nutrition services) such sums 
as may be necessary for fiscal year 2001, and such sums as may be 
necessary for each of the 4 succeeding fiscal years.''; and
            (3) by striking subsections (d) through (g) and inserting 
        the following:
    ``(d) There are authorized to be appropriated to carry out part D 
(relating to disease prevention and health promotion services) such 
sums as may be necessary for fiscal year 2001, and such sums as may be 
necessary for each of the 4 succeeding fiscal years.
    ``(e)(1) There are authorized to be appropriated to carry out part 
E (relating to family caregiver support) $125,000,000 for fiscal year 
2001 if the aggregate amount appropriated under subsection (a)(1) 
(relating to part B, supportive services), paragraphs (1) (relating to 
subpart 1 of part C, congregate nutrition services) and (2) (relating 
to subpart 2 of part C, home delivered nutrition services) of 
subsection (b), and (d) (relating to part D, disease prevention and 
health promotion services) of this section for fiscal year 2001 is not 
less than the aggregate amount appropriated under subsection (a)(1), 
paragraphs (1) and (2) of subsection (b), and subsection (d) of section 
303 of the Older Americans Act of 1965 for fiscal year 2000.
    ``(2) There are authorized to be appropriated to carry out part E 
(relating to family caregiver support) such sums as may be necessary 
for each of the 4 succeeding fiscal years.
    ``(3) Of the funds appropriated under paragraphs (1) and (2)--
            ``(A) 4 percent of such funds shall be reserved to carry 
        out activities described in section 375; and
            ``(B) 1 percent of such funds shall be reserved to carry 
        out activities described in section 376.''.

SEC. 303. ALLOTMENT; FEDERAL SHARE.

    (a) In General.--Section 304 of the Older Americans Act of 1965 (42 
U.S.C. 3024) is amended by striking subsection (a) and inserting the 
following:
    ``(a)(1) From the sums appropriated under subsections (a) through 
(d) of section 303 for each fiscal year, each State shall be allotted 
an amount which bears the same ratio to such sums as the population of 
older individuals in such State bears to the population of older 
individuals in all States.
    ``(2) In determining the amounts allotted to States from the sums 
appropriated under section 303 for a fiscal year, the Assistant 
Secretary shall first determine the amount allotted to each State under 
paragraph (1) and then proportionately adjust such amounts, if 
necessary, to meet the requirements of paragraph (3).
    ``(3)(A) No State shall be allotted less than \1/2\ of 1 percent of 
the sum appropriated for the fiscal year for which the determination is 
made.
    ``(B) Guam and the United States Virgin Islands shall each be 
allotted not less than \1/4\ of 1 percent of the sum appropriated for 
the fiscal year for which the determination is made.
    ``(C) American Samoa and the Commonwealth of the Northern Mariana 
Islands shall each be allotted not less than \1/16\ of 1 percent of the 
sum appropriated for the fiscal year for which the determination is 
made. For the purposes of the exception contained in subparagraph (A) 
only, the term ``State'' does not include Guam, American Samoa, the 
United States Virgin Islands, and the Commonwealth of the Northern 
Mariana Islands.
    ``(D) No State shall be allotted less than the total amount 
allotted to the State for fiscal year 2000 and no State shall receive a 
percentage increase above the fiscal year 2000 allotment that is less 
than 20 percent of the percentage increase above the fiscal year 2000 
allotments for all of the States.
    ``(4) The number of individuals aged 60 or older in any State and 
in all States shall be determined by the Assistant Secretary on the 
basis of the most recent data available from the Bureau of the Census, 
and other reliable demographic data satisfactory to the Assistant 
Secretary.
    ``(5) State allotments for a fiscal year under this section shall 
be proportionally reduced to the extent that appropriations may be 
insufficient to provide the full allotments of the prior year.''.
    (b) Availability of Funds for Reallotment.--Section 304(b) of the 
Older Americans Act of 1965 (42 U.S.C. 3024(b)) is amended in the first 
sentence by striking ``part B or C'' and inserting ``part B or C, or 
subpart 1 of part E,''.

SEC. 304. ORGANIZATION.

    Section 305(a) of the Older Americans Act of 1965 (42 U.S.C. 
3025(a)) is amended by--
            (1) in paragraph (1)(E), by inserting ``and older 
        individuals residing in rural areas'' after ``low-income 
        minority individuals'' each place it appears; and
            (2) in paragraph (2)--
                    (A) in subparagraph (E) by striking ``,'' and 
                inserting ``and older individuals residing in rural 
                areas,'' after ``low-income minority individuals'';
                    (B) in subparagraph (G)(i) by inserting ``and older 
                individuals residing in rural areas'' after ``low-
                income minority older individuals''; and
                    (C) in subparagraph (G)(ii) by inserting ``and 
                older individuals residing in rural areas'' after 
                ``low-income minority individuals''.

SEC. 305. AREA PLANS.

    (a) In General.--Section 306(a) of the Older Americans Act of 1965 
(42 U.S.C. 3026(a)) is amended--
            (1) in paragraph (1), by inserting ``and older individuals 
        residing in rural areas'' after ``low-income minority 
        individuals'' in each place it appears;
            (2) in paragraph (2)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``section 307(a)(22)'' and inserting ``section 
                307(a)(2)'';
                    (B) in subparagraph (B), by striking ``services 
                (homemaker'' and all that follows through 
                ``maintenance, and'' and inserting ``services, 
                including''; and
                    (C) in the matter following subparagraph (C), by 
                striking ``and specify annually in such plan, as 
                submitted or as amended,'' and inserting ``and 
                assurances that the area agency on aging will report 
                annually to the State agency'';
            (3) in paragraph (3)(A), by striking ``paragraph 
        (6)(E)(ii)'' and inserting ``paragraph (6)(C)'';
            (4)(A) by striking paragraph (4); and
            (B) by redesignating paragraph (5) as paragraph (4);
            (5) in paragraph (4)(A)(i) (as redesignated) by inserting 
        ``and older individuals residing in rural areas'' after ``low-
        income minority individuals'';
            (6) in paragraph (4)(A)(ii) (as redesignated) by inserting 
        ``and older individuals residing in rural areas'' after ``low-
        income minority individuals'' each place it appears;
            (7) in paragraph (4)(B)(i) (as redesignated) by inserting 
        ``and older individuals residing in rural areas'' after ``low-
        income minority individuals'' each place it appears;
            (8) in paragraph (4)(C) (as redesignated) by inserting 
        ``and older individuals residing in rural areas'' after ``low-
        income minority older individuals'';
            (9) by inserting after paragraph (4) (as redesignated by 
        paragraph (3)) the following:
            ``(5) provide assurances that the area agency on aging will 
        coordinate planning, identification, assessment of needs, and 
        provision of services for older individuals with disabilities, 
        with particular attention to individuals with severe 
        disabilities, with agencies that develop or provide services 
        for individuals with disabilities;'';
            (10) in paragraph (6)--
                    (A) by striking subparagraphs (A), (B), (G), (I), 
                (J), (K), (L), (O), (P), (Q), (R), and (S);
                    (B) by redesignating subparagraphs (C), (D), (E), 
                (F), (H), (M), and (N) as subparagraphs (A), (B), (C), 
                (D), (E), (F), and (G), respectively;
                    (C) in subparagraph (C) (as redesignated by 
                subparagraph (B)), by striking ``or adults'' and 
                inserting ``, assistance to older individuals caring 
                for relatives who are children'';
                    (D) in subparagraph (D) (as redesignated by 
                subparagraph (B)), by inserting ``and older individuals 
                residing in rural areas'' after ``minority 
                individuals''; and
                    (E) in subparagraph (F) (as redesignated by 
                subparagraph (B)), by adding ``and'' after the 
                semicolon;
            (11) by striking paragraphs (7) through (13) and inserting 
        the following:
            ``(7) provide that the area agency on aging will facilitate 
        the coordination of community-based, long-term care services 
        designed to enable older individuals to remain in their homes, 
        by means including--
                    ``(A) development of case management services as a 
                component of the long-term care services, consistent 
                with the requirements of paragraph (8);
                    ``(B) involvement of long-term care providers in 
                the coordination of such services; and
                    ``(C) increasing community awareness of and 
                involvement in addressing the needs of residents of 
                long-term care facilities;
            ``(8) provide that case management services provided under 
        this title through the area agency on aging will--
                    ``(A) not duplicate case management services 
                provided through other Federal and State programs;
                    ``(B) be coordinated with services described in 
                subparagraph (A); and
                    ``(C) be provided by a public agency or a nonprofit 
                private agency that--
                            ``(i) gives each older individual seeking 
                        services under this title a list of agencies 
                        that provide similar services within the 
                        jurisdiction of the area agency on aging;
                            ``(ii) gives each individual described in 
                        clause (i) a statement specifying that the 
                        individual has a right to make an independent 
                        choice of service providers and documents 
                        receipt by such individual of such statement;
                            ``(iii) has case managers acting as agents 
                        for the individuals receiving the services and 
                        not as promoters for the agency providing such 
                        services; or
                            ``(iv) is located in a rural area and 
                        obtains a waiver of the requirements described 
                        in clauses (i) through (iii);
            ``(9) provide assurances that the area agency on aging, in 
        carrying out the State Long-Term Care Ombudsman program under 
        section 307(a)(9), will expend not less than the total amount 
        of funds appropriated under this Act and expended by the agency 
        in fiscal year 2000 in carrying out such a program under this 
        title;
            ``(10) provide a grievance procedure for older individuals 
        who are dissatisfied with or denied services under this title;
            ``(11) provide information and assurances concerning 
        services to older individuals who are Native Americans 
        (referred to in this paragraph as `older Native Americans'), 
        including--
                    ``(A) information concerning whether there is a 
                significant population of older Native Americans in the 
                planning and service area and if so, an assurance that 
                the area agency on aging will pursue activities, 
                including outreach, to increase access of those older 
                Native Americans to programs and benefits provided 
                under this title;
                    ``(B) an assurance that the area agency on aging 
                will, to the maximum extent practicable, coordinate the 
                services the agency provides under this title with 
                services provided under title VI; and
                    ``(C) an assurance that the area agency on aging 
                will make services under the area plan available, to 
                the same extent as such services are available to older 
                individuals within the planning and service area, to 
                older Native Americans; and
            ``(12) provide that the area agency on aging will establish 
        procedures for coordination of services with entities 
        conducting other Federal or federally assisted programs for 
        older individuals at the local level, with particular emphasis 
        on entities conducting programs described in section 203(b) 
        within the planning and service area.'';
            (12) by redesignating paragraph (14) as paragraph (13);
            (13) by inserting after paragraph (13) (as redesignated by 
        paragraph (7)) the following:
            ``(14) provide assurances that funds received under this 
        title will not be used to pay any part of a cost (including an 
        administrative cost) incurred by the area agency on aging to 
        carry out a contract or commercial relationship that is not 
        carried out to implement this title; and
            ``(15) provide assurances that preference in receiving 
        services under this title will not be given by the area agency 
        on aging to particular older individuals as a result of a 
        contract or commercial relationship that is not carried out to 
        implement this title.''; and
            (14) by striking paragraphs (17) through (20).
    (b) Waivers.--Section 306(b) of the Older Americans Act of 1965 (42 
U.S.C. 3026(b)) is amended--
            (1) in paragraph (1), by striking ``(1)'' and inserting 
        before the period ``and had conducted a timely public hearing 
        upon request''; and
            (2) by striking paragraph (2).

SEC. 306. STATE PLANS.

    Section 307(a) of the Older Americans Act of 1965 (42 U.S.C. 
3027(a)) is amended--
            (1) by striking paragraphs (1) through (5) and inserting 
        the following:
            ``(1) The plan shall--
                    ``(A) require each area agency on aging designated 
                under section 305(a)(2)(A) to develop and submit to the 
                State agency for approval, in accordance with a uniform 
                format developed by the State agency, an area plan 
                meeting the requirements of section 306; and
                    ``(B) be based on such area plans.
            ``(2) The plan shall provide that the State agency will--
                    ``(A) evaluate, using uniform procedures described 
                in section 202(a)(29), the need for supportive services 
                (including legal assistance pursuant to 307(a)(11), 
                information and assistance, and transportation 
                services), nutrition services, and multipurpose senior 
                centers within the State;
                    ``(B) develop a standardized process to determine 
                the extent to which public or private programs and 
                resources (including volunteers and programs and 
                services of voluntary organizations) that have the 
                capacity and actually meet such need; and
                    ``(C) specify a minimum proportion of the funds 
                received by each area agency on aging in the State to 
                carry out part B that will be expended (in the absence 
                of a waiver under sections 306(b) or 316) by such area 
                agency on aging to provide each of the categories of 
                services specified in section 306(a)(2).
            ``(3) The plan shall--
                    ``(A) include (and may not be approved unless the 
                Assistant Secretary approves) the statement and 
                demonstration required by paragraphs (2) and (4) of 
                section 305(d) (concerning intrastate distribution of 
                funds); and
                    ``(B) with respect to services for older 
                individuals residing in rural areas--
                            ``(i) provide assurances that the State 
                        agency will spend for each fiscal year, not 
                        less than the amount expended for such services 
                        for fiscal year 2000;
                            ``(ii) identify, for each fiscal year to 
                        which the plan applies, the projected costs of 
                        providing such services (including the cost of 
                        providing access to such services); and
                            ``(iii) describe the methods used to meet 
                        the needs for such services in the fiscal year 
                        preceding the first year to which such plan 
                        applies.
            ``(4) The plan shall provide that the State agency will 
        conduct periodic evaluations of, and public hearings on, 
        activities and projects carried out in the State under this 
        title and title VII, including evaluations of the effectiveness 
        of services provided to individuals with greatest economic 
        need, greatest social need, or disabilities, with particular 
        attention to low-income minority individuals and older 
        individuals residing in rural areas.
            ``(5) The plan shall provide that the State agency will--
                    ``(A) afford an opportunity for a hearing upon 
                request, in accordance with published procedures, to 
                any area agency on aging submitting a plan under this 
                title, to any provider of (or applicant to provide) 
                services;
                    ``(B) issue guidelines applicable to grievance 
                procedures required by section 306(a)(10); and
                    ``(C) afford an opportunity for a public hearing, 
                upon request, by any area agency on aging, by any 
                provider of (or applicant to provide) services, or by 
                any recipient of services under this title regarding 
                any waiver request, including those under section 
                316.'';
            (2) in paragraph (7), by striking subparagraph (C);
            (3) by striking paragraphs (8) and (9) and inserting the 
        following:
            ``(8)(A) The plan shall provide that no supportive 
        services, nutrition services, or in-home services will be 
        directly provided by the State agency or an area agency on 
        aging in the State, unless, in the judgment of the State 
        agency--
                    ``(i) provision of such services by the State 
                agency or the area agency on aging is necessary to 
                assure an adequate supply of such services;
                    ``(ii) such services are directly related to such 
                State agency's or area agency on aging's administrative 
                functions; or
                    ``(iii) such services can be provided more 
                economically, and with comparable quality, by such 
                State agency or area agency on aging.
            ``(B) Regarding case management services, if the State 
        agency or area agency on aging is already providing case 
        management services (as of the date of submission of the plan) 
        under a State program, the plan may specify that such agency is 
        allowed to continue to provide case management services.
            ``(C) The plan may specify that an area agency on aging is 
        allowed to directly provide information and assistance services 
        and outreach.
            ``(9) The plan shall provide assurances that the State 
        agency will carry out, through the Office of the State Long-
        Term Care Ombudsman, a State Long-Term Care Ombudsman program 
        in accordance with section 712 and this title, and will expend 
        for such purpose an amount that is not less than an amount 
        expended by the State agency with funds received under this 
        title for fiscal year 2000, and an amount that is not less than 
        the amount expended by the State agency with funds received 
        under title VII for fiscal year 2000.'';
            (4) by striking paragraph (10) and inserting the following:
            ``(10) The plan shall provide assurances that the special 
        needs of older individuals residing in rural areas will be 
        taken into consideration and shall describe how those needs 
        have been met and describe how funds have been allocated to 
        meet those needs.'';
            (5) by striking paragraphs (11), (12), (13), and (14);
            (6) by redesignating paragraphs (15) and (16) as paragraphs 
        (11) and (12), respectively;
            (7) by striking paragraph (17);
            (8) by redesignating paragraph (18) as paragraph (13);
            (9) by striking paragraph (19);
            (10) by redesignating paragraph (20) as paragraph (14);
            (11) by striking paragraphs (21) and (22);
            (12) by redesignating paragraphs (23), (24), (25), and (26) 
        as paragraphs (15), (16), (17), and (18), respectively;
            (13) in paragraph (16) (as redesignated by paragraph (12)), 
        by inserting ``and older individuals residing in rural areas'' 
        after ``low-income minority individuals'' each place it 
        appears;
            (14) in paragraph (17) (as redesignated by paragraph (12)), 
        by inserting ``to enhance services'' before ``and develop 
        collaborative programs'';
            (15) in paragraph (18) (as redesignated by paragraph (12)), 
        by striking ``section 306(a)(6)(I)'' and inserting ``section 
        306(a)(7)'';
            (16) by striking paragraphs (27), (28), (29), and (31);
            (17) by redesignating paragraphs (30) and (32) as 
        paragraphs (19) and (20), respectively;
            (18) by striking paragraphs (33), (34), and (35) and 
        inserting the following:
            ``(21) The plan shall--
                    ``(A) provide an assurance that the State agency 
                will coordinate programs under this title and programs 
                under title VI, if applicable; and
                    ``(B) provide an assurance that the State agency 
                will pursue activities to increase access by older 
                individuals who are Native Americans to all aging 
                programs and benefits provided by the agency, including 
                programs and benefits provided under this title, if 
                applicable, and specify the ways in which the State 
                agency intends to implement the activities.'';
            (19) by redesignating paragraph (36) as paragraph (22);
            (20) by striking paragraphs (37), (38), (39), (40), and 
        (43);
            (21) by redesignating paragraphs (41), (42), and (44) as 
        paragraphs (23), (24), and (25), respectively; and
            (22) by adding at the end the following:
            ``(26) The plan shall provide assurances that funds 
        received under this title will not be used to pay any part of a 
        cost (including an administrative cost) incurred by the State 
        agency or an area agency on aging to carry out a contract or 
        commercial relationship that is not carried out to implement 
        this title.''.

SEC. 307. PLANNING, COORDINATION, EVALUATION, AND ADMINISTRATION OF 
              STATE PLANS.

    Section 308(b) of the Older Americans Act of 1965 (42 U.S.C. 
3028(b)) is amended--
            (1) in paragraph (4)--
                    (A) in subparagraph (A)--
                            (i) by striking ``in its plan under section 
                        307(a)(13) regarding Part C of this title,''; 
                        and
                            (ii) by striking ``30 percent'' and 
                        inserting ``40 percent'';
                    (B) in subparagraph (B)--
                            (i) by striking ``for fiscal year 1993, 
                        1994, 1995, or 1996'' and inserting ``for any 
                        fiscal year''; and
                            (ii) by striking ``to satisfy such need--'' 
                        and all that follows and inserting ``to satisfy 
                        such need an additional 10 percent of the funds 
                        so received by a State and attributable to 
                        funds appropriated under paragraph (1) or (2) 
                        of section 303(b).''; and
                    (C) by adding at the end the following:
    ``(C) A State's request for a waiver under subparagraph (B) shall--
            ``(i) be not more than 1 page in length;
            ``(ii) include a request that the waiver be granted;
            ``(iii) specify the amount of the funds received by a State 
        and attributable to funds appropriated under paragraph (1) or 
        (2) of section 303(b), over the permissible 40 percent referred 
        to in subparagraph (A), that the State requires to satisfy the 
        need for services under subpart 1 or 2 of part C; and
            ``(iv) not include a request for a waiver with respect to 
        an amount if the transfer of the amount would jeopardize the 
        appropriate provision of services under subpart 1 or 2 of part 
        C.''; and
            (2) by striking paragraph (5) and inserting the following:
    ``(5)(A)Notwithstanding any other provision of this title, of the 
funds received by a State attributable to funds appropriated under 
subsection (a)(1), and paragraphs (1) and (2) of subsection (b), of 
section 303, the State may elect to transfer not more than 30 percent 
for any fiscal year between programs under part B and part C, for use 
as the State considers appropriate. The State shall notify the 
Assistant Secretary of any such election.
    ``(B) At a minimum, the notification described in subparagraph (A) 
shall include a description of the amount to be transferred, the 
purposes of the transfer, the need for the transfer, and the impact of 
the transfer on the provision of services from which the funding will 
be transferred.''.

SEC. 308. AVAILABILITY OF DISASTER RELIEF FUNDS TO TRIBAL 
              ORGANIZATIONS.

    Section 310 of the Older Americans Act of 1965 (42 U.S.C. 3030) is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) by inserting ``(or to any tribal 
                        organization receiving a grant under title 
                        VI)'' after ``any State''; and
                            (ii) by inserting ``(or funds used by such 
                        tribal organization)'' before ``for the 
                        delivery of supportive services'';
                    (B) in paragraph (2), by inserting ``and such 
                tribal organizations'' after ``States''; and
                    (C) in paragraph (3), by inserting ``or such tribal 
                organization'' after ``State'' each place it appears; 
                and
            (2) in subsections (b)(1) and (c), by inserting ``and such 
        tribal organizations'' after ``States''.

SEC. 309. NUTRITION SERVICES INCENTIVE PROGRAM.

    Section 311 of the Older Americans Act of 1965 (42 U.S.C. 3030a) is 
amended--
            (1) in the section heading, by striking ``availability of 
        surplus commodities'' and inserting ``nutrition services 
        incentive program'';
            (2) by redesignating subsections (a), (b), (c), and (d) as 
        subsections (c), (d), (e), and (f), respectively;
            (3) by inserting before subsection (c) (as redesignated by 
        paragraph (2)) the following:
    ``(a) The purpose of this section is to provide incentives to 
encourage and reward effective performance by States and tribal 
organizations in the efficient delivery of nutritious meals to older 
individuals.
    ``(b)(1) The Secretary of Agriculture shall allot and provide in 
the form of cash or commodities or a combination thereof (at the 
discretion of the State) to each State agency with a plan approved 
under this title for a fiscal year, and to each grantee with an 
application approved under title VI for such fiscal year, an amount 
bearing the same ratio to the total amount appropriated for such fiscal 
year under subsection (e) as the number of meals served in the State 
under such plan approved for the preceding fiscal year (or the number 
of meals served by the title VI grantee, under such application 
approved for such preceding fiscal year), bears to the total number of 
such meals served in all States and by all title VI grantees under all 
such plans and applications approved for such preceding fiscal year.
    ``(2) For purposes of paragraph (1), in the case of a grantee that 
has an application approved under title VI for a fiscal year but that 
did not receive assistance under this section for the preceding fiscal 
year, the number of meals served by the title VI grantee for the 
preceding fiscal year shall be deemed to equal the number of meals that 
the Assistant Secretary estimates will be served by the title VI 
grantee in the fiscal year for which the application was approved.'';
            (4) in subsection (c) (as redesignated by paragraph (2)), 
        by striking paragraph (4);
            (5) in subsection (d) (as redesignated by paragraph (2)), 
        by striking ``Notwithstanding'' through ``election'' and 
        inserting ``In any case in which a State elects to receive cash 
        payments,'';
            (6) in subsection (d) (as redesignated by paragraph (2)), 
        by adding at the end the following:
    ``(4) Among the commodities delivered under subsection (c), the 
Secretary of Agriculture shall give special emphasis to high protein 
foods. The Secretary of Agriculture, in consultation with the Assistant 
Secretary, is authorized to prescribe the terms and conditions 
respecting the donating of commodities under this subsection.''; and
            (7) by striking subsection (e) (as redesignated by 
        paragraph (2)) and inserting the following:
    ``(e) There are authorized to be appropriated to carry out this 
section (other than subsection (c)(1)) such sums as may be necessary 
for fiscal year 2001 and such sums as may be necessary for each of the 
4 succeeding fiscal years.''.

SEC. 310. CONSUMER CONTRIBUTIONS AND WAIVERS.

    Part A of title III (42 U.S.C. 3021 et seq.) is amended by adding 
at the end the following:

``SEC. 315. CONSUMER CONTRIBUTIONS.

    ``(a) Cost Sharing.--
            ``(1) In general.--Except as provided in paragraphs (2) and 
        (3), a State is permitted to implement cost sharing for all 
        services funded by this Act by recipients of the services.
            ``(2) Exception.--The State is not permitted to implement 
        the cost sharing described in paragraph (1) for the following 
        services:
                    ``(A) Information and assistance, outreach, 
                benefits counseling, or case management services.
                    ``(B) Ombudsman, elder abuse prevention, legal 
                assistance, or other consumer protection services.
                    ``(C) Congregate and home delivered meals.
                    ``(D) Any services delivered through tribal 
                organizations.
            ``(3) Prohibitions.--A State or tribal organization shall 
        not permit the cost sharing described in paragraph (1) for any 
        services delivered through tribal organizations. A State shall 
        not permit cost sharing by a low-income older individual if the 
        income of such individual is at or below the Federal poverty 
        line. A State may exclude from cost sharing low-income 
        individuals whose incomes are above the Federal poverty line. A 
        State shall not consider any assets, savings, or other property 
        owned by older individuals when defining low-income individuals 
        who are exempt from cost sharing, when creating a sliding scale 
        for the cost sharing, or when seeking contributions from any 
        older individual.
            ``(4) Payment rates.--If a State permits the cost sharing 
        described in paragraph (1), such State shall establish a 
        sliding scale, based solely on individual income and the cost 
        of delivering services.
            ``(5) Requirements.--If a State permits the cost sharing 
        described in paragraph (1), such State shall require each area 
        agency on aging in the State to ensure that each service 
        provider involved, and the area agency on aging, will--
                    ``(A) protect the privacy and confidentiality of 
                each older individual with respect to the declaration 
                or nondeclaration of individual income and to any share 
                of costs paid or unpaid by an individual;
                    ``(B) establish appropriate procedures to safeguard 
                and account for cost share payments;
                    ``(C) use each collected cost share payment to 
                expand the service for which such payment was given;
                    ``(D) not consider assets, savings, or other 
                property owned by an older individual in determining 
                whether cost sharing is permitted;
                    ``(E) not deny any service for which funds are 
                received under this Act for an older individual due to 
                the income of such individual or such individual's 
                failure to make a cost sharing payment;
                    ``(F) determine the eligibility of older 
                individuals to cost share solely by a confidential 
                declaration of income and with no requirement for 
                verification; and
                    ``(G) widely distribute State created written 
                materials in languages reflecting the reading abilities 
                of older individuals that describe the criteria for 
                cost sharing, the State's sliding scale, and the 
                mandate described under subparagraph (E).
            ``(6) Waiver.--An area agency on aging may request a waiver 
        to the State's cost sharing policies, and the State shall 
        approve such a waiver if the area agency on aging can 
        adequately demonstrate that--
                    ``(A) a significant proportion of persons receiving 
                services under this Act subject to cost sharing in the 
                planning and service area have incomes below the 
                threshold established in State policy; or
                    ``(B) cost sharing would be an unreasonable 
                administrative or financial burden upon the area agency 
                on aging.
    ``(b) Voluntary Contributions.--
            ``(1) In general.--Voluntary contributions shall be allowed 
        and may be solicited for all services for which funds are 
        received under this Act provided that the method of 
        solicitation is noncoercive.
            ``(2) Local decision.--The area agency on aging shall 
        consult with the relevant service providers and older 
        individuals in agency's planning and service area in a State to 
        determine the best method for accepting voluntary contributions 
        under this subsection.
            ``(3) Prohibited acts.--The area agency on aging and 
        service providers shall not means test for any service for 
        which contributions are accepted or deny services to any 
        individual who does not contribute to the cost of the service.
            ``(4) Required acts.--The area agency on aging shall ensure 
        that each service provider will--
                    ``(A) provide each recipient with an opportunity to 
                voluntarily contribute to the cost of the service;
                    ``(B) clearly inform each recipient that there is 
                no obligation to contribute and that the contribution 
                is purely voluntary;
                    ``(C) protect the privacy and confidentiality of 
                each recipient with respect to the recipient's 
                contribution or lack of contribution;
                    ``(D) establish appropriate procedures to safeguard 
                and account for all contributions; and
                    ``(E) use all collected contributions to expand the 
                service for which the contributions were given.
    ``(c) Participation.--
            ``(1) In general.--The State and area agencies on aging, in 
        conducting public hearings on State and area plans, shall 
        solicit the views of older individuals, providers, and other 
        stakeholders on implementation of cost-sharing in the service 
        area or the State.
            ``(2) Plans.--Prior to the implementation of cost sharing 
        under subsection (a), each State and area agency on aging shall 
        develop plans that are designed to ensure that the 
        participation of low-income older individuals (with particular 
        attention to low-income minority individuals and older 
        individuals residing in rural areas) receiving services will 
        not decrease with the implementation of the cost sharing under 
        such subsection.
    ``(d) Evaluation.--Not later than 1 year after the date of 
enactment of the Older Americans Act Amendments of 2000, and annually 
thereafter, the Assistant Secretary shall conduct a comprehensive 
evaluation of practices for cost sharing to determine its impact on 
participation rates with particular attention to low-income and 
minority older individuals and older individuals residing in rural 
areas. If the Assistant Secretary finds that there is a disparate 
impact upon low-income or minority older individuals or older 
individuals residing in rural areas in any State or region within the 
State regarding the provision of services, the Assistant Secretary 
shall take corrective action to assure that such services are provided 
to all older individuals without regard to the cost sharing criteria.

``SEC. 316. WAIVERS.

    ``(a) In General.--The Assistant Secretary may waive any of the 
provisions specified in subsection (b) with respect to a State, upon 
receiving an application by the State agency containing or accompanied 
by documentation sufficient to establish, to the satisfaction of the 
Assistant Secretary, that--
            ``(1) approval of the State legislature has been obtained 
        or is not required with respect to the proposal for which 
        waiver is sought;
            ``(2) the State agency has collaborated with the area 
        agencies on aging in the State and other organizations that 
        would be affected with respect to the proposal for which waiver 
        is sought;
            ``(3) the proposal has been made available for public 
        review and comment, including the opportunity for a public 
        hearing upon request, within the State (and a summary of all of 
        the comments received has been included in the application); 
        and
            ``(4) the State agency has given adequate consideration to 
        the probable positive and negative consequences of approval of 
        the waiver application, and the probable benefits for older 
        individuals can reasonably be expected to outweigh any negative 
        consequences, or particular circumstances in the State 
        otherwise justify the waiver.
    ``(b) Requirements Subject to Waiver.--The provisions of this title 
that may be waived under this section are--
            ``(1) any provision of sections 305, 306, and 307 requiring 
        statewide uniformity of programs carried out under this title, 
        to the extent necessary to permit demonstrations, in limited 
        areas of a State, of innovative approaches to assist older 
        individuals;
            ``(2) any area plan requirement described in section 306(a) 
        if granting the waiver will promote innovations or improve 
        service delivery and will not diminish services already 
        provided under this Act;
            ``(3) any State plan requirement described in section 
        307(a) if granting the waiver will promote innovations or 
        improve service delivery and will not diminish services already 
        provided under this Act;
            ``(4) any restriction under paragraph (5) of section 
        308(b), on the amount that may be transferred between programs 
        carried out under part B and part C; and
            ``(5) the requirement of section 309(c) that certain 
        amounts of a State allotment be used for the provision of 
        services, with respect to a State that reduces expenditures 
        under the State plan of the State (but only to the extent that 
        the non-Federal share of the expenditures is not reduced below 
        any minimum specified in section 304(d) or any other provision 
        of this title).
    ``(c) Duration of Waiver.--The application by a State agency for a 
waiver under this section shall include a recommendation as to the 
duration of the waiver (not to exceed the duration of the State plan of 
the State). The Assistant Secretary, in granting such a waiver, shall 
specify the duration of the waiver, which may be the duration 
recommended by the State agency or such shorter time period as the 
Assistant Secretary finds to be appropriate.
    ``(d) Reports to Secretary.--With respect to each waiver granted 
under this section, not later than 1 year after the expiration of such 
waiver, and at any time during the waiver period that the Assistant 
Secretary may require, the State agency shall prepare and submit to the 
Assistant Secretary a report evaluating the impact of the waiver on the 
operation and effectiveness of programs and services provided under 
this title.''.

SEC. 311. SUPPORTIVE SERVICES AND SENIOR CENTERS.

    Section 321 of the Older Americans Act of 1965 (42 U.S.C. 3030d) is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (2), by striking ``or both'' and 
                inserting ``and services provided by an area agency on 
                aging, in conjunction with local transportation service 
                providers, public transportation agencies, and other 
                local government agencies, that result in increased 
                provision of such transportation services for older 
                individuals'';
                    (B) in paragraph (4), by striking ``or (D)'' and 
                all that follows and inserting ``or (D) to assist older 
                individuals in obtaining housing for which assistance 
                is provided under programs of the Department of Housing 
                and Urban Development;'';
                    (C) in paragraph (5), by striking ``including'' and 
                all that follows and inserting the following: 
                ``including--
                    ``(A) client assessment, case management services, 
                and development and coordination of community services;
                    ``(B) supportive activities to meet the special 
                needs of caregivers, including caretakers who provide 
                in-home services to frail older individuals; and
                    ``(C) in-home services and other community 
                services, including home health, homemaker, shopping, 
                escort, reader, and letter writing services, to assist 
                older individuals to live independently in a home 
                environment;'';
                    (D) in paragraph (12), by inserting before the 
                semicolon the following: ``, and including the 
                coordination of the services with programs administered 
                by or receiving assistance from the Department of 
                Labor, including programs carried out under the 
                Workforce Investment Act of 1998 (29 U.S.C. 2801 et 
                seq.)'';
                    (E) in paragraph (21), by striking ``or'';
                    (F) by inserting after paragraph (21) the 
                following:
            ``(22) in-home services for frail older individuals, 
        including individuals with Alzheimer's disease and related 
        disorders with neurological and organic brain dysfunction, and 
        their families, including in-home services defined by a State 
        agency in the State plan submitted under section 307, taking 
        into consideration the age, economic need, and noneconomic and 
        nonhealth factors contributing to the frail condition and need 
        for services of the individuals described in this paragraph, 
        and in-home services defined by an area agency on aging in the 
        area plan submitted under section 306.'';
                    (G) by redesignating paragraph (22) as paragraph 
                (23); and
                    (H) in paragraph (23) (as redesignated by 
                subparagraph (G)), by inserting ``necessary for the 
                general welfare of older individuals'' before the 
                semicolon; and
            (2) by adding at the end the following:
    ``(c) In carrying out the provisions of this part, to more 
efficiently and effectively deliver services to older individuals, each 
area agency on aging shall coordinate services described in subsection 
(a) with other community agencies and voluntary organizations providing 
the same services. In coordinating the services, the area agency on 
aging shall make efforts to coordinate the services with agencies and 
organizations carrying out intergenerational programs or projects.
    ``(d) Funds made available under this part shall supplement, and 
not supplant, any Federal, State, or local funds expended by a State or 
unit of general purpose local government (including an area agency on 
aging) to provide services described in subsection (a).''.

SEC. 312. NUTRITION SERVICES.

    (a) Repeal.--Subpart 3 of part C of title III of the Older 
Americans Act of 1965 (42 U.S.C. 3030g-11 et seq.) is repealed.
    (b) Redesignation.--Part C of title III of the Older Americans Act 
of 1965 (42 U.S.C. 3030e et seq.) is amended by redesignating subpart 4 
as subpart 3.
    (c) Program Authorized.--Section 331(2) of the Older Americans Act 
of 1965 (42 U.S.C. 3030e(2)) is amended by inserting ``, including 
adult day care facilities and multigenerational meal sites'' before the 
semi-colon.

SEC. 313. NUTRITION REQUIREMENTS.

    Subpart 4 of part C of title III of the Older Americans Act of 1965 
(42 U.S.C. 3030g-21) is amended by striking section 339 and inserting 
the following:

``SEC. 339. NUTRITION.

    ``A State that establishes and operates a nutrition project under 
this chapter shall--
            ``(1) solicit the advice of a dietitian or individual with 
        comparable expertise in the planning of nutritional services, 
        and
            ``(2) ensure that the project--
                    ``(A) provides meals that--
                            ``(i) comply with the Dietary Guidelines 
                        for Americans, published by the Secretary and 
                        the Secretary of Agriculture,
                            ``(ii) provide to each participating older 
                        individual--
                                    ``(I) a minimum of 33 \1/3\ percent 
                                of the daily recommended dietary 
                                allowances as established by the Food 
                                and Nutrition Board of the Institute of 
                                Medicine of the National Academy of 
                                Sciences, if the project provides 1 
                                meal per day,
                                    ``(II) a minimum of 66\2/3\ percent 
                                of the allowances if the project 
                                provides 2 meals per day, and
                                    ``(III) 100 percent of the 
                                allowances if the project provides 3 
                                meals per day, and
                            ``(iii) to the maximum extent practicable, 
                        are adjusted to meet any special dietary needs 
                        of program participants,
                    ``(B) provides flexibility to local nutrition 
                providers in designing meals that are appealing to 
                program participants,
                    ``(C) encourages providers to enter into contracts 
                that limit the amount of time meals must spend in 
                transit before they are consumed,
                    ``(D) where feasible, encourages arrangements with 
                schools and other facilities serving meals to children 
                in order to promote intergenerational meal programs,
                    ``(E) provides that meals, other than in-home 
                meals, are provided in settings in as close proximity 
                to the majority of eligible older individuals' 
                residences as feasible,
                    ``(F) comply with applicable provisions of State or 
                local laws regarding the safe and sanitary handling of 
                food, equipment, and supplies used in the storage, 
                preparation, service, and delivery of meals to an older 
                individual,
                    ``(G) ensures that meal providers carry out such 
                project with the advice of dietitians (or individuals 
                with comparable expertise), meal participants, and 
                other individuals knowledgeable with regard to the 
                needs of older individuals,
                    ``(H) ensures that each participating area agency 
                on aging establishes procedures that allow nutrition 
                project administrators the option to offer a meal, on 
                the same basis as meals provided to participating older 
                individuals, to individuals providing volunteer 
                services during the meal hours, and to individuals with 
                disabilities who reside at home with and accompany 
                older individuals eligible under this chapter,
                    ``(I) ensures that nutrition services will be 
                available to older individuals and to their spouses, 
                and may be made available to individuals with 
                disabilities who are not older individuals but who 
                reside in housing facilities occupied primarily by 
                older individuals at which congregate nutrition 
                services are provided, and
                    ``(J) provide for nutrition screening and, where 
                appropriate, for nutrition education and counseling.

SEC. 314. IN-HOME SERVICES AND ADDITIONAL ASSISTANCE.

    Title III of the Older Americans Act of 1965 (42 U.S.C. 3021 et 
seq.) is amended--
            (1) by repealing parts D and E; and
            (2) by redesignating part F as part D.

SEC. 315. DEFINITION.

    Section 363 of the Older Americans Act of 1965 (42 U.S.C. 3030o) is 
repealed.

SEC. 316. NATIONAL FAMILY CAREGIVER SUPPORT PROGRAM.

    Title III of the Older Americans Act of 1965 (42 U.S.C. 3021 et 
seq.) is amended--
            (1) by repealing part G; and
            (2) by inserting after part D (as redesignated by section 
        313(2)) the following:

          ``PART E--NATIONAL FAMILY CAREGIVER SUPPORT PROGRAM

``SEC. 371. SHORT TITLE.

    ``This part may be cited as the `National Family Caregiver Support 
Act'.

                 ``Subpart 1--Caregiver Support Program

``SEC. 372. DEFINITIONS.

    ``In this subpart:
            ``(1) Child.--The term `child' means an individual who is 
        not more than 18 years of age.
            ``(2) Family caregiver.--The term `family caregiver' means 
        an adult family member, or another individual, who is an 
        informal provider of in-home and community care to an older 
        individual.
            ``(3) Grandparent or older individual who is a relative 
        caregiver.--The term `grandparent or older individual who is a 
        relative caregiver' means a grandparent or stepgrandparent of a 
        child, or a relative of a child by blood or marriage, who is 60 
        years of age or older and--
                    ``(A) lives with the child;
                    ``(B) is the primary caregiver of the child because 
                the biological or adoptive parents are unable or 
                unwilling to serve as the primary caregiver of the 
                child; and
                    ``(C) has a legal relationship to the child, as 
                such legal custody or guardianship, or is raising the 
                child informally.

``SEC. 373. PROGRAM AUTHORIZED.

    ``(a) In General.--The Assistant Secretary shall carry out a 
program for making grants to States with State plans approved under 
section 307, to pay for the Federal share of the cost of carrying out 
State programs, to enable area agencies on aging, or entities that such 
area agencies on aging contract with, to provide multifaceted systems 
of support services--
            ``(1) for family caregivers; and
            ``(2) for grandparents or older individuals who are 
        relative caregivers.
    ``(b) Support Services.--The services provided, in a State program 
under subsection (a), by an area agency on aging, or entity that such 
agency has contracted with, shall include--
            ``(1) information to caregivers about available services;
            ``(2) assistance to caregivers in gaining access to the 
        services;
            ``(3) individual counseling, organization of support 
        groups, and caregiver training to caregivers to assist the 
        caregivers in making decisions and solving problems relating to 
        their caregiving roles;
            ``(4) respite care to enable caregivers to be temporarily 
        relieved from their caregiving responsibilities; and
            ``(5) supplemental services, on a limited basis, to 
        complement the care provided by caregivers.
    ``(c) Population Served; Priority.--
            ``(1) Population served.--Services under a State program 
        under this subpart shall be provided to family caregivers, and 
        grandparents and older individuals who are relative caregivers, 
        and who--
                    ``(A) are described in paragraph (1) or (2) of 
                subsection (a); and
                    ``(B) with regard to the services specified in 
                paragraphs (4) and (5) of subsection (b), in the case 
                of a caregiver described in paragraph (1), is providing 
                care to an older individual who meets the condition 
                specified in subparagraph (A)(i) or (B) of section 
                102(28).
            ``(2) Priority.--In providing services under this subpart, 
        the State shall give priority for services to older individuals 
        with greatest social and economic need, (with particular 
        attention to low-income older individuals) and older 
        individuals providing care and support to persons with mental 
        retardation and related developmental disabilities (as defined 
        in section 102 of the Developmental Disabilities Assistance and 
        Bill of Rights Act (42 U.S.C. 6001)) (referred to in this 
        subpart as `developmental disabilities').
    ``(d) Coordination With Service Providers.--In carrying out this 
subpart, each area agency on aging shall coordinate the activities of 
the agency, or entity that such agency has contracted with, with the 
activities of other community agencies and voluntary organizations 
providing the types of services described in subsection (b).
    ``(e) Quality Standards and Mechanisms and Accountability.--
            ``(1) Quality standards and mechanisms.--The State shall 
        establish standards and mechanisms designed to assure the 
        quality of services provided with assistance made available 
        under this subpart.
            ``(2) Data and records.--The State shall collect data and 
        maintain records relating to the State program in a 
        standardized format specified by the Assistant Secretary. The 
        State shall furnish the records to the Assistant Secretary, at 
        such time as the Assistant Secretary may require, in order to 
        enable the Assistant Secretary to monitor State program 
        administration and compliance, and to evaluate and compare the 
        effectiveness of the State programs.
            ``(3) Reports.--The State shall prepare and submit to the 
        Assistant Secretary reports on the data and records required 
        under paragraph (2), including information on the services 
        funded under this subpart, and standards and mechanisms by 
        which the quality of the services shall be assured.
    ``(f) Caregiver Allotment.--
            ``(1) In general.--
                    ``(A) From sums appropriated under section 303(e) 
                for fiscal years 2001 through 2005, the Assistant 
                Secretary shall allot amounts among the States 
                proportionately based on the population of individuals 
                70 years of age or older in the States.
                    ``(B) In determining the amounts allotted to States 
                from the sums appropriated under section 303 for a 
                fiscal year, the Assistant Secretary shall first 
                determine the amount allotted to each State under 
                subparagraph (A) and then proportionately adjust such 
                amounts, if necessary, to meet the requirements of 
                paragraph (2).
                    ``(C) The number of individuals 70 years of age or 
                older in any State and in all States shall be 
                determined by the Assistant Secretary on the basis of 
                the most recent data available from the Bureau of the 
                Census and other reliable demographic data satisfactory 
                to the Assistant Secretary.
            ``(2) Minimum allotment.--
                    ``(A) The amounts allotted under paragraph (1) 
                shall be reduced proportionately to the extent 
                necessary to increase other allotments under such 
                paragraph to achieve the amounts described in 
                subparagraph (B).
                    ``(B)(i) Each State shall be allotted \1/2\ of 1 
                percent of the amount appropriated for the fiscal year 
                for which the determination is made.
                    ``(ii) Guam and the Virgin Islands of the United 
                States shall each be allotted \1/4\ of 1 percent of the 
                amount appropriated for the fiscal year for which the 
                determination is made.
                    ``(iii) American Samoa and the Commonwealth of the 
                Northern Mariana Islands shall each be allotted \1/16\ 
                of 1 percent of the amount appropriated for the fiscal 
                year for which the determination is made.
                    ``(C) For the purposes of subparagraph (B)(i), the 
                term `State' does not include Guam, American Samoa, the 
                Virgin Islands of the United States, and the 
                Commonwealth of the Northern Mariana Islands.
    ``(g) Availability of Funds.--
            ``(1) Use of funds for administration of area plans.--
        Amounts made available to a State to carry out the State 
        program under this subpart may be used, in addition to amounts 
        available in accordance with section 303(c)(1), for costs of 
        administration of area plans.
            ``(2) Federal share.--
                    ``(A) In general.--Notwithstanding section 
                304(d)(1)(D), the Federal share of the cost of carrying 
                out a State program under this subpart shall be 75 
                percent.
                    ``(B) Non-federal share.--The non-Federal share of 
                the cost shall be provided from State and local 
                sources.
                    ``(C) Limitation.--A State may use not more than 10 
                percent of the total Federal and non-Federal share 
                available to the State to provide support services to 
                grandparents and older individuals who are relative 
                caregivers.

``SEC. 374. MAINTENANCE OF EFFORT.

    ``Funds made available under this subpart shall supplement, and not 
supplant, any Federal, State, or local funds expended by a State or 
unit of general purpose local government (including an area agency on 
aging) to provide services described in section 373.

               ``Subpart 2--National Innovation Programs

``SEC. 375. INNOVATION GRANT PROGRAM.

    ``(a) In General.--The Assistant Secretary shall carry out a 
program for making grants on a competitive basis to foster the 
development and testing of new approaches to sustaining the efforts of 
families and other informal caregivers of older individuals, and to 
serving particular groups of caregivers of older individuals, including 
low-income caregivers and geographically distant caregivers and linking 
family support programs with the State entity or agency that 
administers or funds programs for persons with mental retardation or 
related developmental disabilities and their families.
    ``(b) Evaluation and Dissemination of Results.--The Assistant 
Secretary shall provide for evaluation of the effectiveness of programs 
and activities funded with grants made under this section, and for 
dissemination to States of descriptions and evaluations of such 
programs and activities, to enable States to incorporate successful 
approaches into their programs carried out under this part.
    ``(c) Sunset Provision.--This section shall be effective for 3 
fiscal years after the date of enactment of the Older Americans Act 
Amendments of 2000.

``SEC. 376. ACTIVITIES OF NATIONAL SIGNIFICANCE.

    ``(a) In General.--The Assistant Secretary shall, directly or by 
grant or contract, carry out activities of national significance to 
promote quality and continuous improvement in the support provided to 
family and other informal caregivers of older individuals through 
program evaluation, training, technical assistance, and research.
    ``(b) Sunset Provision.--This section shall be effective for 3 
fiscal years after the date of enactment of the Older Americans Act 
Amendments of 2000.''.

 TITLE IV--TRAINING, RESEARCH, AND DISCRETIONARY PROJECTS AND PROGRAMS

SEC. 401. PROJECTS AND PROGRAMS

    Title IV of the Older Americans Act of 1965 (42 U.S.C. 3030aa et 
seq.) is amended to read as follows:

``SEC. 401. PURPOSES.

    ``The purposes of this title are--
            ``(1) to expand the Nation's knowledge and understanding of 
        the older population and the aging process;
            ``(2) to design, test, and promote the use of innovative 
        ideas and best practices in programs and services for older 
        individuals;
            ``(3) to help meet the needs for trained personnel in the 
        field of aging; and
            ``(4) to increase awareness of citizens of all ages of the 
        need to assume personal responsibility for their own longevity.

                        ``PART A--GRANT PROGRAMS

``SEC. 411. PROGRAM AUTHORIZED.

    ``(a) In General.--For the purpose of carrying out this section, 
the Assistant Secretary may make grants to and enter into contracts 
with States, public agencies, private nonprofit agencies, institutions 
of higher education, and organizations, including tribal organizations, 
for--
            ``(1) education and training to develop an adequately 
        trained workforce to work with and on behalf of older 
        individuals;
            ``(2) applied social research and analysis to improve 
        access to and delivery of services for older individuals;
            ``(3) evaluation of the performance of the programs, 
        activities, and services provided under this section;
            ``(4) the development of methods and practices to improve 
        the quality and effectiveness of the programs, services, and 
        activities provided under this section;
            ``(5) the demonstration of new approaches to design, 
        deliver, and coordinate programs and services for older 
        individuals;
            ``(6) technical assistance in planning, developing, 
        implementing, and improving the programs, services, and 
        activities provided under this section;
            ``(7) coordination with the designated State agency 
        described in section 101(a)(2)(A)(i) of the Rehabilitation Act 
        of 1973 (29 U.S.C. 721(a)(2)(A)(i)) to provide services to 
        older individuals who are blind as described in such Act;
            ``(8) the training of graduate level professionals 
        specializing in the mental health needs of older individuals; 
        and
            ``(9) any other activities that the Assistant Secretary 
        determines will achieve the objectives of this section.
    ``(b) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as may be necessary 
for fiscal year 2001, and such sums as may be necessary for subsequent 
fiscal years.

``SEC. 412. CAREER PREPARATION FOR THE FIELD OF AGING.

    ``(a) Grants.--The Assistant Secretary shall make grants to 
institutions of higher education, historically Black colleges or 
universities, Hispanic Centers of Excellence in Applied Gerontology, 
and other educational institutions that serve the needs of minority 
students, to provide education and training to prepare students for 
careers in the field of aging.
    ``(b) Definitions.--For purposes of subsection (a):
            ``(1) Hispanic center of excellence in applied 
        gerontology.--The term `Hispanic Center of Excellence in 
        Applied Gerontology' means an institution of higher education 
        with a program in applied gerontology that--
                    ``(A) has a significant number of Hispanic 
                individuals enrolled in the program, including 
                individuals accepted for enrollment in the program;
                    ``(B) has been effective in assisting Hispanic 
                students of the program to complete the program and 
                receive the degree involved;
                    ``(C) has been effective in recruiting Hispanic 
                individuals to attend the program, including providing 
                scholarships and other financial assistance to such 
                individuals and encouraging Hispanic students of 
                secondary educational institutions to attend the 
                program; and
                    ``(D) has made significant recruitment efforts to 
                increase the number and placement of Hispanic 
                individuals serving in faculty or administrative 
                positions in the program.
            ``(2) Historically black college or university.--The term 
        `historically Black college or university' has the meaning 
        given the term `part B institution' in section 322(2) of the 
        Higher Education Act of 1965 (20 U.S.C. 1061(2)).

``SEC. 413. OLDER INDIVIDUALS' PROTECTION FROM VIOLENCE PROJECTS.

    ``(a) Program Authorized.--The Assistant Secretary shall make 
grants to States, area agencies on aging, nonprofit organizations, or 
tribal organizations to carry out the activities described in 
subsection (b).
    ``(b) Activities.--A State, an area agency on aging, a nonprofit 
organization, or a tribal organization that receives a grant under 
subsection (a) shall use such grant to--
            ``(1) support projects in local communities, involving 
        diverse sectors of each community, to coordinate activities 
        concerning intervention in and prevention of elder abuse, 
        neglect, and exploitation, including family violence and sexual 
        assault, against older individuals;
            ``(2) develop and implement outreach programs directed 
        toward assisting older individuals who are victims of elder 
        abuse, neglect, and exploitation (including family violence and 
        sexual assault, against older individuals), including programs 
        directed toward assisting the individuals in senior housing 
        complexes, nursing homes, board and care facilities, and senior 
        centers;
            ``(3) expand access to family violence and sexual assault 
        programs (including shelters, rape crisis centers, and support 
        groups), including mental health services, safety planning and 
        legal advocacy for older individuals and encourage the use of 
        senior housing, hotels, or other suitable facilities or 
        services when appropriate as emergency short-term shelters for 
        older individuals who are the victims of elder abuse, including 
        family violence and sexual assault; or
            ``(4) promote research on legal, organizational, or 
        training impediments to providing services to older individuals 
        through shelters and other programs, such as impediments to 
        provision of services in coordination with delivery of health 
        care or services delivered under this Act.
    ``(c) Preference.--In awarding grants under subsection (a), the 
Assistant Secretary shall give preference to a State, an area agency on 
aging, a nonprofit organization, or a tribal organization that has the 
ability to carry out the activities described in this section and title 
VII of this Act.
    ``(d) Coordination.--The Assistant Secretary shall encourage each 
State, area agency on aging, nonprofit organization, and tribal 
organization that receives a grant under subsection (a) to coordinate 
activities provided under this section with activities provided by 
other area agencies on aging, tribal organizations, State adult 
protective service programs, private nonprofit organizations, and by 
other entities receiving funds under title VII of this Act.

``SEC. 414. HEALTH CARE SERVICE DEMONSTRATION PROJECTS IN RURAL AREAS.

    ``(a) Authority.--The Assistant Secretary, after consultation with 
the State agency of the State involved, shall make grants to eligible 
public agencies and nonprofit private organizations to pay part or all 
of the cost of developing or operating model health care service 
projects (including related home health care services, adult day health 
care, outreach, and transportation) through multipurpose senior centers 
that are located in rural areas and that provide nutrition services 
under section 331, to meet the health care needs of medically 
underserved older individuals residing in such areas.
    ``(b) Eligibility.--To be eligible to receive a grant under 
subsection (a), a public agency or nonprofit private organization shall 
submit to the Assistant Secretary an application containing such 
information and assurances as the Secretary may require, including--
            ``(1) information describing the nature and extent of the 
        applicant's--
                    ``(A) experience in providing medical services of 
                the type to be provided in the project for which a 
                grant is requested; and
                    ``(B) coordination and cooperation with--
                            ``(i) institutions of higher education 
                        having graduate programs with capability in 
                        public health, the medical sciences, 
                        psychology, pharmacology, nursing, social work, 
                        health education, nutrition, or gerontology, 
                        for the purpose of designing and developing 
                        such project; and
                            ``(ii) critical access hospitals (as 
                        defined in section 1861(mm)(1) of the Social 
                        Security Act (42 U.S.C. 1395x(mm)(1)) and rural 
                        health clinics (as defined in section 
                        1861(aa)(2) of the Social Security Act (42 
                        U.S.C. 1395x(aa)(2)));
            ``(2) assurances that the applicant will carry out the 
        project for which a grant is requested, through a multipurpose 
        senior center located--
                    ``(A)(i) in a rural area that has a population of 
                less than 5,000; or
                    ``(ii) in a county that has fewer than 7 
                individuals per square mile; and
                    ``(B) in a State in which--
                            ``(i) not less than 33\1/3\ of the 
                        population resides in rural areas; and
                            ``(ii) not less than 5 percent of the 
                        population resides in counties with fewer than 
                        7 individuals per square mile;
                as defined by and determined in accordance with the 
                most recent data available from the Bureau of the 
                Census; and
            ``(3) assurances that the applicant will submit to the 
        Assistant Secretary such evaluations and reports as the 
        Assistant Secretary may require.
    ``(c) Reports.--The Assistant Secretary shall prepare and submit to 
the appropriate committees of Congress a report that includes summaries 
of the evaluations and reports required under subsection (b).

``SEC. 415. COMPUTER TRAINING.

    ``(a) Program Authorized.--The Assistant Secretary, in consultation 
with the Assistant Secretary of Commerce for Communications and 
Information, may award grants or contracts to entities to provide 
computer training and enhanced Internet access for older individuals.
    ``(b) Priority.--If the Assistant Secretary awards grants under 
subsection (a), the Assistant Secretary shall give priority to an 
entity that--
            ``(1) will provide services to older individuals living in 
        rural areas;
            ``(2) has demonstrated expertise in providing computer 
        training to older individuals; or
            ``(3) has demonstrated that it has a variety of training 
        delivery methods, including facility-based, computer-based, and 
        Internet-based training, that may facilitate a determination of 
        the best method of training older individuals.
    ``(c) Special Consideration.--In awarding grants under this 
section, the Assistant Secretary shall give special consideration to 
applicants that have entered into a partnership with 1 or more private 
entities providing such applicants with donated information 
technologies including software, hardware, or training.
    ``(d) Use of Funds.--An entity that receives a grant or contract 
under subsection (a) shall use funds received under such grant or 
contract to provide training for older individuals that--
            ``(1) relates to the use of computers and related 
        equipment, in order to improve the self-employment and 
        employment-related technology skills of older individuals, as 
        well as their ability to use the Internet; and
            ``(2) is provided at senior centers, housing facilities for 
        older individuals, elementary schools, secondary schools, and 
        institutions of higher education.

``SEC. 416. TECHNICAL ASSISTANCE TO IMPROVE TRANSPORTATION FOR SENIORS.

    ``(a) In General.--The Secretary may award grants or contracts to 
nonprofit organizations to improve transportation services for older 
individuals.
    ``(b) Use of Funds.--A nonprofit organization receiving a grant or 
contract under subsection (a) shall use funds received under such grant 
or contract to provide technical assistance to assist local transit 
providers, area agencies on aging, senior centers and local senior 
support groups to encourage and facilitate coordination of Federal, 
State, and local transportation services and resources for older 
individuals. Such technical assistance may include--
            ``(1) developing innovative approaches for improving access 
        by older individuals to supportive services;
            ``(2) preparing and disseminating information on 
        transportation options and resources for older individuals and 
        organizations serving such individuals through establishing a 
        toll-free telephone number;
            ``(3) developing models and best practices for 
        comprehensive integrated transportation services for older 
        individuals, including services administered by the Secretary 
        of Transportation, by providing ongoing technical assistance to 
        agencies providing services under title III and by assisting in 
        coordination of public and community transportation services; 
        and
            ``(4) providing special services to link seniors to 
        transportation services not provided under title III.

``SEC. 417. DEMONSTRATION PROJECTS FOR MULTIGENERATIONAL ACTIVITIES.

    ``(a) Grants and Contracts.--The Assistant Secretary may award 
grants and enter into contracts with eligible organizations to 
establish demonstration projects to provide older individuals with 
multigenerational activities.
    ``(b) Use of Funds.--An eligible organization shall use funds made 
available under a grant awarded, or a contract entered into, under 
subsection (a)--
            ``(1) to carry out a demonstration project that provides 
        multigenerational activities, including any professional 
        training appropriate to such activities for older individuals; 
        and
            ``(2) to evaluate the project in accordance with subsection 
        (f).
    ``(c) Preference.--In awarding grants and entering into contracts 
under subsection (a), the Assistant Secretary shall give preference 
to--
            ``(1) eligible organizations with a demonstrated record of 
        carrying out multigenerational activities; and
            ``(2) eligible organizations proposing projects that will 
        serve older individuals with greatest economic need (with 
        particular attention to low-income minority individuals and 
        older individuals residing in rural areas).
    ``(d) Application.--To be eligible to receive a grant or enter into 
a contract under subsection (a), an organization shall submit an 
application to the Assistant Secretary at such time, in such manner, 
and accompanied by such information as the Assistant Secretary may 
reasonably require.
    ``(e) Eligible Organizations.--Organizations eligible to receive a 
grant or enter into a contract under subsection (a) shall be 
organizations that employ, or provide opportunities for, older 
individuals in multigenerational activities.
    ``(f) Local Evaluation and Report.--
            ``(1) Evaluation.--Each organization receiving a grant or a 
        contract under subsection (a) to carry out a demonstration 
        project shall evaluate the multigenerational activities 
        assisted under the project to determine the effectiveness of 
        the multigenerational activities, the impact of such activities 
        on child care and youth day care programs, and the impact of 
        such activities on older individuals involved in such project.
            ``(2) Report.--The organization shall submit a report to 
        the Assistant Secretary containing the evaluation not later 
        than 6 months after the expiration of the period for which the 
        grant or contract is in effect.
    ``(g) Report to Congress.--Not later than 6 months after the 
Assistant Secretary receives the reports described in subsection 
(f)(2), the Assistant Secretary shall prepare and submit to the Speaker 
of the House of Representatives and the President pro tempore of the 
Senate a report that assesses the evaluations and includes, at a 
minimum--
            ``(1) the names or descriptive titles of the demonstration 
        projects funded under subsection (a);
            ``(2) a description of the nature and operation of the 
        projects;
            ``(3) the names and addresses of organizations that 
        conducted the projects;
            ``(4) a description of the methods and success of the 
        projects in recruiting older individuals as employees and 
        volunteers to participate in the projects;
            ``(5) a description of the success of the projects in 
        retaining older individuals involved in the projects as 
        employees and as volunteers; and
            ``(6) the rate of turnover of older individual employees 
        and volunteers in the projects.
    ``(h) Definition.--As used in this section, the term 
`multigenerational activity' includes an opportunity to serve as a 
mentor or adviser in a child care program, a youth day care program, an 
educational assistance program, an at-risk youth intervention program, 
a juvenile delinquency treatment program, or a family support program.

``SEC. 418. NATIVE AMERICAN PROGRAMS.

    ``(a) Establishment.--
            ``(1) In general.--The Assistant Secretary shall make 
        grants or enter into contracts with not fewer than 2 and not 
        more than 4 eligible entities to establish and operate Resource 
        Centers on Native American Elders (referred to in this section 
        as `Resource Centers'). The Assistant Secretary shall make such 
        grants or enter into such contracts for periods of not less 
        than 3 years.
            ``(2) Functions.--
                    ``(A) In general.--Each Resource Center that 
                receives funds under this section shall--
                            ``(i) gather information;
                            ``(ii) perform research;
                            ``(iii) provide for the dissemination of 
                        results of the research; and
                            ``(iv) provide technical assistance and 
                        training to entities that provide services to 
                        Native Americans who are older individuals.
                    ``(B) Areas of concern.--In conducting the 
                functions described in subparagraph (A), a Resource 
                Center shall focus on priority areas of concern for the 
                Resource Centers regarding Native Americans who are 
                older individuals, which areas shall be--
                            ``(i) health problems;
                            ``(ii) long-term care, including in-home 
                        care;
                            ``(iii) elder abuse; and
                            ``(iv) other problems and issues that the 
                        Assistant Secretary determines are of 
                        particular importance to Native Americans who 
                        are older individuals.
            ``(3) Preference.--In awarding grants and entering into 
        contracts under paragraph (1), the Assistant Secretary shall 
        give preference to institutions of higher education that have 
        conducted research on, and assessments of, the characteristics 
        and needs of Native Americans who are older individuals.
            ``(4) Consultation.--In determining the type of information 
        to be sought from, and activities to be performed by, Resource 
        Centers, the Assistant Secretary shall consult with the 
        Director of the Office for American Indian, Alaskan Native, and 
        Native Hawaiian Aging and with national organizations with 
        special expertise in serving Native Americans who are older 
        individuals.
            ``(5) Eligible entities.--To be eligible to receive a grant 
        or enter into a contract under paragraph (1), an entity shall 
        be an institution of higher education with experience 
        conducting research and assessment on the needs of older 
        individuals.
            ``(6) Report to Congress.--The Assistant Secretary, with 
        assistance from each Resource Center, shall prepare and submit 
        to the Speaker of the House of Representatives and the 
        President pro tempore of the Senate an annual report on the 
        status and needs, including the priority areas of concern, of 
        Native Americans who are older individuals.
    ``(b) Training Grants.--The Assistant Secretary shall make grants 
and enter into contracts to provide in-service training opportunities 
and courses of instruction on aging to Indian tribes through public or 
nonprofit Indian aging organizations and to provide annually a national 
meeting to train directors of programs under this title.

``SEC. 419. MULTIDISCIPLINARY CENTERS.

    ``(a) Program Authorized.--The Assistant Secretary may make grants 
to public and private nonprofit agencies, organizations, and 
institutions for the purpose of establishing or supporting 
multidisciplinary centers of gerontology, and gerontology centers of 
special emphasis (including emphasis on nutrition, employment, health 
(including mental health), disabilities (including severe 
disabilities), income maintenance, counseling services, supportive 
services, minority populations, and older individuals residing in rural 
areas).
    ``(b) Use of Funds.--
            ``(1) In general.--The centers described in subsection (a) 
        shall conduct research and policy analysis and function as a 
        technical resource for the Assistant Secretary, policymakers, 
        service providers, and Congress.
            ``(2) Multidisciplinary centers.--The multidisciplinary 
        centers of gerontology described in subsection (a) shall--
                    ``(A) recruit and train personnel;
                    ``(B) conduct basic and applied research toward the 
                development of information related to aging;
                    ``(C) stimulate the incorporation of information on 
                aging into the teaching of biological, behavioral, and 
                social sciences at colleges and universities;
                    ``(D) help to develop training programs in the 
                field of aging at schools of public health, education, 
                social work, and psychology, and other appropriate 
                schools within colleges and universities;
                    ``(E) serve as a repository of information and 
                knowledge on aging;
                    ``(F) provide consultation and information to 
                public and voluntary organizations, including State 
                agencies and area agencies on aging, which serve the 
                needs of older individuals in planning and developing 
                services provided under other provisions of this Act; 
                and
                    ``(G) if appropriate, provide information relating 
                to assistive technology.
    ``(c) Data.--
            ``(1) In general.--Each center that receives a grant under 
        subsection (a) shall provide data to the Assistant Secretary on 
        the projects and activities carried out with funds received 
        under such subsection.
            ``(2) Information included.--Such data described in 
        paragraph (1) shall include--
                    ``(A) information on the number of personnel 
                trained;
                    ``(B) information on the number of older 
                individuals served;
                    ``(C) information on the number of schools 
                assisted; and
                    ``(D) other information that will facilitate 
                achieving the objectives of this section.

``SEC. 420. DEMONSTRATION AND SUPPORT PROJECTS FOR LEGAL ASSISTANCE FOR 
              OLDER INDIVIDUALS.

    ``(a) Program Authorized.--The Assistant Secretary shall make 
grants and enter into contracts, in order to--
            ``(1) provide a national legal assistance support system 
        (operated by one or more grantees or contractors) of activities 
        to State and area agencies on aging for providing, developing, 
        or supporting legal assistance for older individuals, 
        including--
                    ``(A) case consultations;
                    ``(B) training;
                    ``(C) provision of substantive legal advice and 
                assistance; and
                    ``(D) assistance in the design, implementation, and 
                administration of legal assistance delivery systems to 
                local providers of legal assistance for older 
                individuals; and
            ``(2) support demonstration projects to expand or improve 
        the delivery of legal assistance to older individuals with 
        social or economic needs.
          ``(b) Assurances.--Any grants or contracts made under 
subsection (a)(2) shall contain assurances that the requirements of 
section 307(a)(11) are met.
          ``(c) Assistance.--To carry out subsection (a)(1), the 
Assistant Secretary shall make grants to or enter into contracts with 
national nonprofit organizations experienced in providing support and 
technical assistance on a nationwide basis to States, area agencies on 
aging, legal assistance providers, ombudsmen, elder abuse prevention 
programs, and other organizations interested in the legal rights of 
older individuals.

``SEC. 421. OMBUDSMAN AND ADVOCACY DEMONSTRATION PROJECTS.

    ``(a) Program Authorized.--The Assistant Secretary shall award 
grants to not fewer than 3 and not more than 10 States to conduct 
demonstrations and evaluate cooperative projects between the State 
long-term care ombudsman program, legal assistance agencies, and the 
State protection and advocacy systems for individuals with 
developmental disabilities and individuals with mental illness, 
established under part C of the Developmental Disabilities Assistance 
and Bill of Rights Act (42 U.S.C. 6041 et seq.) and under the 
Protection and Advocacy for Mentally Ill Individuals Act of 1986 (42 
U.S.C. 10801 et seq.).
    ``(b) Report.--The Assistant Secretary shall prepare and submit to 
Congress a report containing the results of the evaluation required by 
subsection (a). Such report shall contain such recommendations as the 
Assistant Secretary determines to be appropriate.

                      ``PART B--GENERAL PROVISIONS

``SEC. 431. PAYMENT OF GRANTS.

    ``(a) Contributions.--To the extent the Assistant Secretary 
determines a contribution to be appropriate, the Assistant Secretary 
shall require the recipient of any grant or contract under this title 
to contribute money, facilities, or services for carrying out the 
project for which such grant or contract was made.
          ``(b) Payments.--Payments under this title pursuant to a 
grant or contract may be made (after necessary adjustment, in the case 
of grants, on account of previously made overpayments or underpayments) 
in advance or by way of reimbursement, and in such installments and on 
such conditions, as the Assistant Secretary may determine.
          ``(c) Consultation.--The Assistant Secretary shall make no 
grant or contract under this title in any State that has established or 
designated a State agency for purposes of title III unless the 
Assistant Secretary--
            ``(1) consults with the State agency prior to issuing the 
        grant or contract; and
            ``(2) informs the State agency of the purposes of the grant 
        or contract when the grant or contract is issued.

``SEC. 432. RESPONSIBILITIES OF ASSISTANT SECRETARY.

    ``(a) In General.--The Assistant Secretary shall be responsible for 
the administration, implementation, and making of grants and contracts 
under this title and shall not delegate authority under this title to 
any other individual, agency, or organization.
    ``(b) Report.--
            ``(1) In general.--Not later than January 1 following each 
        fiscal year, the Assistant Secretary shall submit, to the 
        Speaker of the House of Representatives and the President pro 
        tempore of the Senate, a report for such fiscal year that 
        describes each project and each program--
                    ``(A) for which funds were provided under this 
                title; and
                    ``(B) that was completed in the fiscal year for 
                which such report is prepared.
            ``(2) Contents.--Such report shall contain--
                    ``(A) the name or descriptive title of each project 
                or program;
                    ``(B) the name and address of the individual or 
                governmental entity that conducted such project or 
                program;
                    ``(C) a specification of the period throughout 
                which such project or program was conducted;
                    ``(D) the identity of each source of funds expended 
                to carry out such project or program and the amount of 
                funds provided by each such source;
                    ``(E) an abstract describing the nature and 
                operation of such project or program; and
                    ``(F) a bibliography identifying all published 
                information relating to such project or program.
    ``(c) Evaluations.--
            ``(1) In general.--The Assistant Secretary shall establish 
        by regulation and implement a process to evaluate the results 
        of projects and programs carried out under this title.
            ``(2) Results.--The Assistant Secretary shall--
                    ``(A) make available to the public the results of 
                each evaluation carried out under paragraph (1); and
                    ``(B) use such evaluation to improve services 
                delivered, or the operation of projects and programs 
                carried out, under this Act.''.

    TITLE V--AMENDMENT TO TITLE V OF THE OLDER AMERICANS ACT OF 1965

SEC. 501. AMENDMENT TO TITLE V OF THE OLDER AMERICANS ACT OF 1965.

    Title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.) 
is amended to read as follows:

      ``TITLE V--COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS

``SEC. 501. SHORT TITLE.

    ``This title may be cited as the `Older American Community Service 
Employment Act'.

``SEC. 502. OLDER AMERICAN COMMUNITY SERVICE EMPLOYMENT PROGRAM.

    ``(a)(1) In order to foster and promote useful part-time 
opportunities in community service activities for unemployed low-income 
persons who are 55 years or older and who have poor employment 
prospects, and in order to foster individual economic self-sufficiency 
and to increase the number of persons who may enjoy the benefits of 
unsubsidized employment in both the public and private sectors, the 
Secretary of Labor (hereinafter in this title referred to as the 
`Secretary') is authorized to establish an older American community 
service employment program.
    ``(2) Amounts appropriated to carry out this title shall be used 
only to carry out the provisions contained in this title.
    ``(b)(1) In order to carry out the provisions of this title, the 
Secretary is authorized to enter into agreements, subject to section 
514, with State and national public and private nonprofit agencies and 
organizations, agencies of a State government or a political 
subdivision of a State (having elected or duly appointed governing 
officials), or a combination of such political subdivisions, or tribal 
organizations in order to further the purposes and goals of the 
program. Such agreements may include provisions for the payment of 
costs, as provided in subsection (c) of this section, of projects 
developed by such organizations and agencies in cooperation with the 
Secretary in order to make the program effective or to supplement the 
program. No payment shall be made by the Secretary toward the cost of 
any project established or administered by any organization or agency 
unless the Secretary determines that such project--
            ``(A) will provide employment only for eligible individuals 
        except for necessary technical, administrative, and supervisory 
        personnel, but such personnel shall, to the fullest extent 
        possible, be recruited from among eligible individuals;
            ``(B)(i) will provide employment for eligible individuals 
        in the community in which such individuals reside, or in nearby 
        communities; or
            ``(ii) if such project is carried out by a tribal 
        organization that enters into an agreement under this 
        subsection or receives assistance from a State that enters into 
        such an agreement, will provide employment for such 
        individuals, including those who are Indians residing on an 
        Indian reservation, as the term is defined in section 2601(2) 
        of the Energy Policy Act of 1992 (25 U.S.C. 3501(2));
            ``(C) will employ eligible individuals in service related 
        to publicly owned and operated facilities and projects, or 
        projects sponsored by organizations, other than political 
        parties, exempt from taxation under the provisions of section 
        501(c)(3) of the Internal Revenue Code of 1986, except projects 
        involving the construction, operation, or maintenance of any 
        facility used or to be used as a place for sectarian religious 
        instruction or worship;
            ``(D) will contribute to the general welfare of the 
        community;
            ``(E) will provide employment for eligible individuals;
            ``(F)(i) will result in an increase in employment 
        opportunities over those opportunities which would otherwise be 
        available;
            ``(ii) will not result in the displacement of currently 
        employed workers (including partial displacement, such as a 
        reduction in the hours of nonovertime work or wages or 
        employment benefits); and
            ``(iii) will not impair existing contracts or result in the 
        substitution of Federal funds for other funds in connection 
        with work that would otherwise be performed;
            ``(G) will not employ or continue to employ any eligible 
        individual to perform work the same or substantially the same 
        as that performed by any other person who is on layoff;
            ``(H) will utilize methods of recruitment and selection 
        (including participating in a one-stop delivery system as 
        established under section 134(c) of the Workforce Investment 
        Act of 1998 (29 U.S.C. 2864(c)) and listing of job vacancies 
        with the employment agency operated by any State or political 
        subdivision thereof) which will assure that the maximum number 
        of eligible individuals will have an opportunity to participate 
        in the project;
            ``(I) will include such training as may be necessary to 
        make the most effective use of the skills and talents of those 
        individuals who are participating, and will provide for the 
        payment of the reasonable expenses of individuals being 
        trained, including a reasonable subsistence allowance;
            ``(J) will assure that safe and healthy conditions of work 
        will be provided, and will assure that persons employed in 
        community service and other jobs assisted under this title 
        shall be paid wages which shall not be lower than whichever is 
        the highest of--
                    ``(i) the minimum wage which would be applicable to 
                the employee under the Fair Labor Standards Act of 
                1938, if section 6(a)(1) of such Act applied to the 
                participant and if the participant were not exempt 
                under section 13 thereof;
                    ``(ii) the State or local minimum wage for the most 
                nearly comparable covered employment; or
                    ``(iii) the prevailing rates of pay for persons 
                employed in similar public occupations by the same 
                employer;
            ``(K) will be established or administered with the advice 
        of persons competent in the field of service in which 
        employment is being provided, and of persons who are 
        knowledgeable with regard to the needs of older persons;
            ``(L) will authorize pay for necessary transportation costs 
        of eligible individuals which may be incurred in employment in 
        any project funded under this title, in accordance with 
        regulations promulgated by the Secretary;
            ``(M) will assure that, to the extent feasible, such 
        project will serve the needs of minority, limited English-
        speaking, and Indian eligible individuals, and eligible 
        individuals who have the greatest economic need, at least in 
        proportion to their numbers in the State and take into 
        consideration their rates of poverty and unemployment;
            ``(N)(i) will prepare an assessment of the participants' 
        skills and talents and their needs for services, except to the 
        extent such project has, for the participant involved, recently 
        prepared an assessment of such skills and talents, and such 
        needs, pursuant to another employment or training program (such 
        as a program under the Workforce Investment Act of 1998 (29 
        U.S.C. 2801 et seq.), the Carl D. Perkins Vocational and 
        Technical Education Act of 1998 (20 U.S.C. 2301 et seq.), or 
        part A of title IV of the Social Security Act (42 U.S.C. 601 et 
        seq.));
            ``(ii) will provide to eligible individuals training and 
        employment counseling based on strategies that identify 
        appropriate employment objectives and the need for supportive 
        services, developed as a result of the assessment and service 
        strategy provided for in clause (i); and
            ``(iii) will provide counseling to participants on their 
        progress in meeting such objectives and satisfying their need 
        for supportive services;
            ``(O) will provide appropriate services for participants 
        through the one-stop delivery system as established under 
        section 134(c) of the Workforce Investment Act of 1998 (29 
        U.S.C. 2864(c)), and will be involved in the planning and 
        operations of such system pursuant to a memorandum of 
        understanding with the local workforce investment board in 
        accordance with section 121(c) of such Act (29 U.S.C. 2841(c));
            ``(P) will post in such project workplace a notice, and 
        will make available to each person associated with such project 
        a written explanation, clarifying the law with respect to 
        allowable and unallowable political activities under chapter 15 
        of title 5, United States Code, applicable to the project and 
        to each category of individuals associated with such project 
        and containing the address and telephone number of the 
        Inspector General of the Department of Labor, to whom questions 
        regarding the application of such chapter may be addressed;
            ``(Q) will provide to the Secretary the description and 
        information described in paragraphs (8) and (14) of section 
        112(b) of the Workforce Investment Act of 1998; and
            ``(R) will ensure that entities carrying out activities 
        under the project, including State offices, local offices, 
        subgrantees, subcontractors, or other affiliates of such 
        organization or agency shall receive an amount of the 
        administration cost allocation that is sufficient for the 
        administrative activities under the project to be carried out 
        by such State office, local office, subgrantee, subcontractor, 
        or other affiliate.
    ``(2) The Secretary is authorized to establish, issue, and amend 
such regulations as may be necessary to effectively carry out the 
provisions of this title.
    ``(3) The Secretary shall develop alternatives for innovative work 
modes and provide technical assistance in creating job opportunities 
through work sharing and other experimental methods to labor 
organizations, groups representing business and industry and workers as 
well as to individual employers, where appropriate.
    ``(4)(A) An assessment and service strategy provided for an 
eligible individual under this title shall satisfy any condition for an 
assessment and service strategy or individual employment plan for an 
adult participant under subtitle B of title I of the Workforce 
Investment Act of 1998 (29 U.S.C. 2811 et seq.), in order to determine 
whether such individual qualifies for intensive or training services 
described in section 134(d) of such Act (29 U.S.C. 2864(d)), in 
accordance with such Act.
    ``(B) An assessment and service strategy or individual employment 
plan provided for an adult participant under subtitle B of title I of 
the Workforce Investment Act of 1998 (29 U.S.C. 2811 et seq.) shall 
satisfy any condition for an assessment and service strategy for an 
eligible individual under this title.
    ``(c)(1) The Secretary is authorized to pay a share, but not to 
exceed 90 percent of the cost of any project which is the subject of an 
agreement entered into under subsection (b) of this section, except 
that the Secretary is authorized to pay all of the costs of any such 
project which is--
            ``(A) an emergency or disaster project; or
            ``(B) a project located in an economically depressed area;
as determined by the Secretary in consultation with the Secretary of 
Commerce and the Secretary of Health and Human Services.
    ``(2) The non-Federal share shall be in cash or in kind. In 
determining the amount of the non-Federal share, the Secretary is 
authorized to attribute fair market value to services and facilities 
contributed from non-Federal sources.
    ``(3) Of the amount for any project to be paid by the Secretary 
under this subsection, not more than 13.5 percent for any fiscal year 
shall be available for paying the costs of administration for such 
project, except that--
            ``(A) whenever the Secretary determines that it is 
        necessary to carry out the project assisted under this title, 
        based on information submitted by the grantee with which the 
        Secretary has an agreement under subsection (b), the Secretary 
        may increase the amount available for paying the cost of 
        administration to an amount not more than 15 percent of the 
        cost of such project; and
            ``(B) whenever the grantee with which the Secretary has an 
        agreement under subsection (b) demonstrates to the Secretary 
        that--
                    ``(i) major administrative cost increases are being 
                incurred in necessary program components, including 
                liability insurance, payments for workers' 
                compensation, costs associated with achieving 
                unsubsidized placement goals, and other operation 
                requirements imposed by the Secretary;
                    ``(ii) the number of employment positions in the 
                project or the number of minority eligible individuals 
                participating in the project will decline if the amount 
                available for paying the cost of administration is not 
                increased; or
                    ``(iii) the size of the project is so small that 
                the amount of administrative expenses incurred to carry 
                out the project necessarily exceeds 13.5 percent of the 
                amount for such project;
        the Secretary shall increase the amount available for the 
        fiscal year for paying the cost of administration to an amount 
        not more than 15 percent of the cost of such project.
    ``(4) The costs of administration are the costs, both personnel and 
non-personnel and both direct and indirect, associated with the 
following:
            ``(A) The costs of performing overall general 
        administrative functions and providing for the coordination of 
        functions, such as--
                    ``(i) accounting, budgeting, financial, and cash 
                management functions;
                    ``(ii) procurement and purchasing functions;
                    ``(iii) property management functions;
                    ``(iv) personnel management functions;
                    ``(v) payroll functions;
                    ``(vi) coordinating the resolution of findings 
                arising from audits, reviews, investigations, and 
                incident reports;
                    ``(vii) audit functions;
                    ``(viii) general legal services functions; and
                    ``(ix) developing systems and procedures, including 
                information systems, required for these administrative 
                functions.
            ``(B) The costs of performing oversight and monitoring 
        responsibilities related to administrative functions.
            ``(C) The costs of goods and services required for 
        administrative functions of the program, including goods and 
        services such as rental or purchase of equipment, utilities, 
        office supplies, postage, and rental and maintenance of office 
        space.
            ``(D) The travel costs incurred for official business in 
        carrying out administrative activities or overall management.
            ``(E) The costs of information systems related to 
        administrative functions (for example, personnel, procurement, 
        purchasing, property management, accounting, and payroll 
        systems) including the purchase, systems development, and 
        operating costs of such systems.
    ``(5) To the extent practicable, an entity that carries out a 
project under this title shall provide for the payment of the expenses 
described in paragraph (4) from non-Federal sources.
    ``(6)(A) Amounts made available for a project under this title that 
are not used to pay for the cost of administration shall be used to pay 
for the costs of programmatic activities, including--
            ``(i) enrollee wages and fringe benefits (including 
        physical examinations);
            ``(ii) enrollee training, which may be provided prior to or 
        subsequent to placement, including the payment of reasonable 
        costs of instructors, classroom rental, training supplies, 
        materials, equipment, and tuition, and which may be provided on 
        the job, in a classroom setting, or pursuant to other 
        appropriate arrangements;
            ``(iii) job placement assistance, including job development 
        and job search assistance;
            ``(iv) enrollee supportive services to assist an enrollee 
        to successfully participate in a project under this title, 
        including the payment of reasonable costs of transportation, 
        health care and medical services, special job-related or 
        personal counseling, incidentals (such as work shoes, badges, 
        uniforms, eyeglasses, and tools), child and adult care, 
        temporary shelter, and followup services; and
            ``(v) outreach, recruitment and selection, intake, 
        orientation, and assessments.
    ``(B) Not less than 75 percent of the funds made available through 
a grant made under this title shall be used to pay wages and benefits 
for older individuals who are employed under projects carried out under 
this title.
    ``(d) Whenever a grantee conducts a project within a planning and 
service area in a State, such grantee shall conduct such project in 
consultation with the area agency on aging of the planning and service 
area and shall submit to the State agency and the area agency on aging 
a description of such project to be conducted in the State, including 
the location of the project, 90 days prior to undertaking the project, 
for review and public comment according to guidelines the Secretary 
shall issue to assure efficient and effective coordination of programs 
under this title.
    ``(e)(1) The Secretary, in addition to any other authority 
contained in this title, shall conduct projects designed to assure 
second career training and the placement of eligible individuals in 
employment opportunities with private business concerns. The Secretary 
shall enter into such agreements with States, public agencies, 
nonprofit private organizations, and private business concerns as may 
be necessary, to conduct the projects authorized by this subsection to 
assure that placement and training. The Secretary, from amounts 
reserved under section 506(a)(1) in any fiscal year, may pay all of the 
costs of any agreements entered into under the provisions of this 
subsection. The Secretary shall, to the extent feasible, assure 
equitable geographic distribution of projects authorized by this 
subsection.
    ``(2) The Secretary shall issue, and amend from time to time, 
criteria designed to assure that agreements entered into under 
paragraph (1) of this subsection--
            ``(A) will involve different kinds of work modes, such as 
        flex-time, job sharing, and other arrangements relating to 
        reduced physical exertion;
            ``(B) will emphasize projects involving second careers and 
        job placement and give consideration to placement in growth 
        industries in jobs reflecting new technological skills; and
            ``(C) require the coordination of projects carried out 
        under such agreements, with the programs carried out under 
        title I of the Workforce Investment Act of 1998.
    ``(f) The Secretary shall, on a regular basis, carry out 
evaluations of the activities authorized under this title, which may 
include but are not limited to projects described in subsection (e).

``SEC. 503. ADMINISTRATION.

    ``(a) State Senior Employment Services Coordination Plan.--
            ``(1) Governor submits plan.--The Governor of each State 
        shall submit annually to the Secretary a State Senior 
        Employment Services Coordination Plan, containing such 
        provisions as the Secretary may require, consistent with the 
        provisions of this title, including a description of the 
        process used to ensure the participation of individuals 
        described in paragraph (2).
            ``(2) Recommendations.--In developing the State plan prior 
        to its submission to the Secretary, the Governor shall obtain 
        the advice and recommendations of--
                    ``(A) individuals representing the State and area 
                agencies on aging in the State, and the State and local 
                workforce investment boards established under title I 
                of the Workforce Investment Act of 1998 (29 U.S.C. 2801 
                et seq.);
                    ``(B) individuals representing public and private 
                nonprofit agencies and organizations providing 
                employment services, including each grantee operating a 
                project under this title in the State; and
                    ``(C) individuals representing social service 
                organizations providing services to older individuals, 
                grantees under title III of this Act, affected 
                communities, underserved older individuals, community-
                based organizations serving the needs of older 
                individuals, business organizations, and labor 
                organizations.
            ``(3) Comments.--Any State plan submitted by a Governor in 
        accordance with paragraph (1) shall be accompanied by copies of 
        public comments relating to the plan received pursuant to 
        paragraph (4) and a summary thereof.
            ``(4) Plan provisions.--The State Senior Employment 
        Services Coordination Plan shall identify and address--
                    ``(A) the relationship that the number of eligible 
                individuals in each area bears to the total number of 
                eligible individuals, respectively, in that State;
                    ``(B) the relative distribution of individuals 
                residing in rural and urban areas within the State;
                    ``(C) the relative distribution of--
                            ``(i) eligible individuals who are 
                        individuals with greatest economic need;
                            ``(ii) eligible individuals who are 
                        minority individuals; and
                            ``(iii) eligible individuals who are 
                        individuals with greatest social need;
                    ``(D) consideration of the employment situations 
                and the type of skills possessed by local eligible 
                individuals;
                    ``(E) the localities and populations for which 
                community service projects of the type authorized by 
                this title are most needed; and
                    ``(F) plans for facilitating the coordination of 
                activities of grantees in the State under this title 
                with activities carried out in the State under title I 
                of the Workforce Investment Act of 1998.
            ``(5) Governor's recommendations on grant proposals.--Prior 
        to the submission to the Secretary of any proposal for a grant 
        under this title for any fiscal year, the Governor of each 
        State in which projects are proposed to be conducted under such 
        grant shall be afforded a reasonable opportunity to submit 
        recommendations to the Secretary--
                    ``(A) regarding the anticipated effect of each such 
                proposal upon the overall distribution of enrollment 
                positions under this title within the State (including 
                such distribution among urban and rural areas), taking 
                into account the total number of positions to be 
                provided by all grantees within the State;
                    ``(B) any recommendations for redistribution of 
                positions to underserved areas as vacancies occur in 
                previously encumbered positions in other areas; and
                    ``(C) in the case of any increase in funding that 
                may be available for use within the State under this 
                title for any fiscal year, any recommendations for 
                distribution of newly available positions in excess of 
                those available during the preceding year to 
                underserved areas.
            ``(6) Disruptions.--In developing plans and considering 
        recommendations under this subsection, disruptions in the 
        provision of community service employment opportunities for 
        current enrollees shall be avoided, to the greatest possible 
        extent.
            ``(7) Determination; review.--
                    ``(A) Determination.--In order to effectively carry 
                out the provisions of this title, each State shall make 
                available for public comment its senior employment 
                services coordination plan. The Secretary, in 
                consultation with the Assistant Secretary, shall review 
                the plan and public comments received on the plan, and 
                make a written determination with findings and a 
                decision regarding the plan.
                    ``(B) Review.--The Secretary may review on the 
                Secretary's own initiative or at the request of any 
                public or private agency or organization, or an agency 
                of the State government, the distribution of projects 
                and services under this title within the State 
                including the distribution between urban and rural 
                areas within the State. For each proposed reallocation 
                of projects or services within a State, the Secretary 
                shall give notice and opportunity for public comment.
            ``(8) Exemption.--The grantees serving older American 
        Indians under section 506(a)(3) will not be required to 
        participate in the State planning processes described in this 
        section but will collaborate with the Secretary to develop a 
        plan for projects and services to older American Indians.
    ``(b)(1) The Secretary of Labor and the Assistant Secretary shall 
coordinate the programs under this title and the programs under other 
titles of this Act to increase job opportunities available to older 
individuals.
    ``(2) The Secretary shall coordinate the program assisted under 
this title with programs authorized under the Workforce Investment Act 
of 1998, the Community Services Block Grant Act, the Rehabilitation Act 
of 1973 (as amended by the Rehabilitation Act Amendments of 1998 (29 
U.S.C. 701 et seq.)), the Carl D. Perkins Vocational and Technical 
Education Act of 1998 (20 U.S.C. 2301 et seq.), the National and 
Community Service Act of 1990 (42 U.S.C. 12501 et seq.), and the 
Domestic Volunteer Service Act of 1973 (42 U.S.C. 4950 et seq.). The 
Secretary shall coordinate the administration of this title with the 
administration of other titles of this Act by the Assistant Secretary 
to increase the likelihood that eligible individuals for whom 
employment opportunities under this title are available and who need 
services under such titles receive such services. Appropriations under 
this title shall not be used to carry out any program under the 
Workforce Investment Act of 1998, the Community Services Block Grant 
Act, the Rehabilitation Act of 1973 (as amended by the Rehabilitation 
Act Amendments of 1998), the Carl D. Perkins Vocational and Technical 
Education Act of 1998, the National and Community Service Act of 1990, 
or the Domestic Volunteer Service Act of 1973. The preceding sentence 
shall not be construed to prohibit carrying out projects under this 
title jointly with programs, projects, or activities under any Act 
specified in such sentence, or from carrying out section 512.
    ``(3) The Secretary shall distribute to grantees under this title, 
for distribution to program enrollees, and at no cost to grantees or 
enrollees, informational materials developed and supplied by the Equal 
Employment Opportunity Commission and other appropriate Federal 
agencies which the Secretary determines are designed to help enrollees 
identify age discrimination and understand their rights under the Age 
Discrimination in Employment Act of 1967.
    ``(c) In carrying out the provisions of this title, the Secretary 
is authorized to use, with their consent, the services, equipment, 
personnel, and facilities of Federal and other agencies with or without 
reimbursement, and on a similar basis to cooperate with other public 
and private agencies and instrumentalities in the use of services, 
equipment, and facilities.
    ``(d) Payments under this title may be made in advance or by way of 
reimbursement and in such installments as the Secretary may determine.
    ``(e) The Secretary shall not delegate any function of the 
Secretary under this title to any other department or agency of the 
Federal Government.
    ``(f)(1) The Secretary shall monitor projects receiving financial 
assistance under this title to determine whether the grantees are 
complying with the provisions of and regulations issued under this 
title, including compliance with the statewide planning, consultation, 
and coordination provisions under this title.
    ``(2) Each grantee receiving funds under this title shall comply 
with the applicable uniform cost principles and appropriate 
administrative requirements for grants and contracts that are 
applicable to the type of entity receiving funds, as issued as 
circulars or rules of the Office of Management and Budget.
    ``(3) Each grantee described in paragraph (2) shall prepare and 
submit a report in such manner and containing such information as the 
Secretary may require regarding activities carried out under this 
title.
    ``(4) Each grantee described in paragraph (2) shall keep records 
that--
            ``(A) are sufficient to permit the preparation of reports 
        required pursuant to this title;
            ``(B) are sufficient to permit the tracing of funds to a 
        level of expenditure adequate to ensure that the funds have not 
        been spent unlawfully; and
            ``(C) contain any other information that the Secretary 
        determines to be appropriate.
    ``(g) The Secretary shall establish by regulation and implement a 
process to evaluate the performance of projects and services, pursuant 
to section 513, carried out under this title. The Secretary shall 
report to Congress and make available to the public the results of each 
such evaluation and use such evaluation to improve services delivered, 
or the operation of projects carried out under this title.

``SEC. 504. PARTICIPANTS NOT FEDERAL EMPLOYEES.

    ``(a) Eligible individuals who are employed in any project funded 
under this title shall not be considered to be Federal employees as a 
result of such employment and shall not be subject to the provisions of 
part III of title 5, United States Code.
    ``(b) No contract shall be entered into under this title with a 
contractor who is, or whose employees are, under State law, exempted 
from operation of the State workmen's compensation law, generally 
applicable to employees, unless the contractor shall undertake to 
provide either through insurance by a recognized carrier or by self-
insurance, as authorized by State law, that the persons employed under 
the contract shall enjoy workmen's compensation coverage equal to that 
provided by law for covered employment.

``SEC. 505. INTERAGENCY COOPERATION.

    ``(a) The Secretary shall consult with, and obtain the written 
views of, the Assistant Secretary for Aging in the Department of Health 
and Human Services prior to the establishment of rules or the 
establishment of general policy in the administration of this title.
    ``(b) The Secretary shall consult and cooperate with the Director 
of the Office of Community Services, the Secretary of Health and Human 
Services, and the heads of other Federal agencies carrying out related 
programs, in order to achieve optimal coordination with such other 
programs. In carrying out the provisions of this section, the Secretary 
shall promote programs or projects of a similar nature. Each Federal 
agency shall cooperate with the Secretary in disseminating information 
relating to the availability of assistance under this title and in 
promoting the identification and interests of individuals eligible for 
employment in projects assisted under this title.
    ``(c)(1) The Secretary shall promote and coordinate carrying out 
projects under this title jointly with programs, projects, or 
activities under other Acts, especially activities provided under the 
Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.), including 
activities provided through one-stop delivery systems established under 
section 134(c) of such Act (29 U.S.C. 2864(c)), that provide training 
and employment opportunities to eligible individuals.
    ``(2) The Secretary shall consult with the Secretary of Education 
to promote and coordinate carrying out projects under this title 
jointly with workforce investment activities in which eligible 
individuals may participate that are carried out under the Carl D. 
Perkins Vocational and Technical Education Act of 1998.

``SEC. 506. DISTRIBUTION OF ASSISTANCE.

    ``(a) Reservations.--
            ``(1) Reservation for private employment projects.--From 
        sums appropriated under this title for each fiscal year, the 
        Secretary shall first reserve not more than 1.5 percent of the 
        total amount of such sums for the purpose of entering into 
        agreements under section 502(e), relating to improved 
        transition to private employment.
            ``(2) Reservation for territories.--From sums appropriated 
        under this title for each fiscal year, the Secretary shall 
        reserve 0.75 percent of the total amount of such sums, of 
        which--
                    ``(A) Guam, American Samoa, and the United States 
                Virgin Islands shall each receive 30 percent; and
                    ``(B) the Commonwealth of the Northern Mariana 
                Islands shall receive 10 percent.
            ``(3) Reservation for organizations.--The Secretary shall 
        reserve such sums as may be necessary for national grants with 
        public or nonprofit national Indian aging organizations with 
        the ability to provide employment services to older Indians and 
        with national public or nonprofit Pacific Island and Asian 
        American aging organizations with the ability to provide 
        employment to older Pacific Island and Asian Americans.
    ``(b) State Allotments.--The allotment for each State shall be the 
sum of the amounts allotted for national grants in such State under 
subsection (d) and for the grant to such State under subsection (e).
    ``(c) Division Between National Grants and Grants to States.--From 
the sums appropriated to carry out this title for any fiscal year that 
remain after amounts are reserved under paragraphs (1), (2), and (3) of 
subsection (a), the Secretary shall divide the remainder between 
national grants and grants to States, as follows:
            ``(1) Reservation of funds for fiscal year 2000 level of 
        activities.--The Secretary shall reserve the amounts necessary 
        to maintain the fiscal year 2000 level of activities supported 
        by public and private nonprofit agency and organization 
        grantees that operate under this title under national grants 
        from the Secretary, and the fiscal year 2000 level of 
        activities supported by State grantees under this title, in 
        proportion to their respective fiscal year 2000 levels of 
        activities. In any fiscal year for which the appropriations are 
        insufficient to provide the full amounts so required, then such 
        amounts shall be reduced proportionally.
            ``(2) Funding in excess of fiscal year 2000 level of 
        activities.--
                    ``(A) Up to $35,000,000.--From the amounts 
                remaining after the application of paragraph (1), the 
                portion of such remaining amounts up to the sum of 
                $35,000,000 shall be divided so that 75 percent shall 
                be provided to State grantees and 25 percent shall be 
                provided to public and private nonprofit agency and 
                organization grantees that operate under this title 
                under national grants from the Secretary.
                    ``(B) Over $35,000,000.--Any amounts remaining 
                after the application of subparagraph (A) shall be 
                divided so that 50 percent shall be provided to State 
                grantees and 50 percent shall be provided to public and 
                private nonprofit agency and organization grantees that 
                operate under this title under national grants from the 
                Secretary.
    ``(d) Allotments for National Grants.--From the sums provided for 
national grants under subsection (c), the Secretary shall allot for 
public and private nonprofit agency and organization grantees that 
operate under this title under national grants from the Secretary in 
each State, an amount that bears the same ratio to such sums as the 
product of the number of persons aged 55 or over in the State and the 
allotment percentage of such State bears to the sum of the 
corresponding product for all States, except as follows:
            ``(1) Minimum allotment.--No State shall be provided an 
        amount under this subsection that is less than \1/2\ of 1 
        percent of the amount provided under subsection (c) for public 
        and private nonprofit agency and organization grantees that 
        operate under this title under national grants from the 
        Secretary in all of the States.
            ``(2) Hold harmless.--If the amount provided under 
        subsection (c) is--
                    ``(A) equal to or less than the amount necessary to 
                maintain the fiscal year 2000 level of activities, 
                allotments for public and private nonprofit agency and 
                organization grantees that operate under this title 
                under national grants from the Secretary in each State 
                shall be proportional to their fiscal year 2000 level 
                of activities; or
                    ``(B) greater than the amount necessary to maintain 
                the fiscal year 2000 level of activities, no State 
                shall be provided a percentage increase above the 
                fiscal year 2000 level of activities for public and 
                private nonprofit agency and organization grantees that 
                operate under this title under national grants from the 
                Secretary in the State that is less than 30 percent of 
                such percentage increase above the fiscal year 2000 
                level of activities for public and private nonprofit 
                agency and organization grantees that operate under 
                this title under national grants from the Secretary in 
                all of the States.
            ``(3) Reduction.--Allotments for States not affected by 
        paragraphs (1) and (2)(B) of this subsection shall be reduced 
        proportionally to satisfy the conditions in such paragraphs.
    ``(e) Allotments for Grants to States.--From the sums provided for 
grants to States under subsection (c), the Secretary shall allot for 
the State grantee in each State an amount that bears the same ratio to 
such sums as the product of the number of persons aged 55 or over in 
the State and the allotment percentage of such State bears to the sum 
of the corresponding product for all States, except as follows:
            ``(1) Minimum allotment.--No State shall be provided an 
        amount under this subsection that is less than \1/2\ of 1 
        percent of the amount provided under subsection (c) for State 
        grantees in all of the States.
            ``(2) Hold harmless.--If the amount provided under 
        subsection (c) is--
                    ``(A) equal to or less than the amount necessary to 
                maintain the fiscal year 2000 level of activities, 
                allotments for State grantees in each State shall be 
                proportional to their fiscal year 2000 level of 
                activities; or
                    ``(B) greater than the amount necessary to maintain 
                the fiscal year 2000 level of activities, no State 
                shall be provided a percentage increase above the 
                fiscal year 2000 level of activities for State grantees 
                in the State that is less than 30 percent of such 
                percentage increase above the fiscal year 2000 level of 
                activities for State grantees in all of the States.
            ``(3) Reduction.--Allotments for States not affected by 
        paragraphs (1) and (2)(B) of this subsection shall be reduced 
        proportionally to satisfy the conditions in such paragraphs.
    ``(f) Allotment Percentage.--For the purposes of subsections (d) 
and (e)--
            ``(1) the allotment percentage of each State shall be 100 
        percent less that percentage which bears the same ratio to 50 
        percent as the per capita income of such State bears to the per 
        capita income of the United States, except that (A) the 
        allotment percentage shall in no case be more than 75 percent 
        or less than 33 percent, and (B) the allotment percentage for 
        the District of Columbia and the Commonwealth of Puerto Rico 
        shall be 75 percent;
            ``(2) the number of persons aged 55 or over in any State 
        and in all States, and the per capita income in any State and 
        in all States, shall be determined by the Secretary on the 
        basis of the most satisfactory data available to the Secretary; 
        and
            ``(3) for the purpose of determining the allotment 
        percentage, the term `United States' means the 50 States and 
        the District of Columbia.
    ``(g) Definitions.--In this section:
            ``(1) Cost per authorized position.--The term `cost per 
        authorized position' means the sum of--
                    ``(A) the hourly minimum wage rate specified in 
                section 6(a)(1) of the Fair Labor Standards Act of 1938 
                (29 U.S.C. 206(a)(1)) (as amended), multiplied by the 
                number of hours equal to the product of 21 hours and 52 
                weeks;
                    ``(B) an amount equal to 11 percent of the amount 
                specified under subparagraph (A), for the purpose of 
                covering Federal payments for fringe benefits; and
                    ``(C) an amount determined by the Secretary, for 
                the purpose of covering Federal payments for the 
                remainder of all other program and administrative 
                costs.
            ``(2) Fiscal year 2000 level of activities.--The term 
        `fiscal year 2000 level of activities' means--
                    ``(A) with respect to public and private nonprofit 
                agency and organization grantees that operate under 
                this title under national grants from the Secretary, 
                their level of activities for fiscal year 2000, or the 
                amount remaining after the application of section 
                514(e); and
                    ``(B) with respect to State grantees, their level 
                of activities for fiscal year 2000, or the amount 
                remaining after the application of section 514(f).
            ``(3) Grants to states.--The term `grants to States' means 
        grants under this title to the States from the Secretary.
            ``(4) Level of activities.--The term `level of activities' 
        means the number of authorized positions multiplied by the cost 
        per authorized position.
            ``(5) National grants.--The term `national grants' means 
        grants to public and private nonprofit agency and organization 
        grantees that operate under this title under national grants 
        from the Secretary.
            ``(6) State.--The term `State' does not include Guam, 
        American Samoa, the Commonwealth of the Northern Mariana 
        Islands, and the United States Virgin Islands.

``SEC. 507. EQUITABLE DISTRIBUTION.

    ``(a) Interstate Allocation.--The Secretary, in awarding grants and 
contracts under section 506, shall, to the extent feasible, assure an 
equitable distribution of activities under such grants and contracts, 
in the aggregate, among the States, taking into account the needs of 
underserved States.
    ``(b) Intrastate Allocation.--The amount allocated for projects 
within each State under section 506 shall be allocated among areas 
within the State in an equitable manner, taking into consideration the 
State priorities set out in the State plan pursuant to section 503(a).

``SEC. 508. REPORT.

    ``In order to carry out the Secretary's responsibilities for 
reporting in section 503(g), the Secretary shall require the State 
agency for each State receiving funds under this title to prepare and 
submit a report at the beginning of each fiscal year on such State's 
compliance with section 507(b). Such report shall include the names and 
geographic location of all projects assisted under this title and 
carried out in the State and the amount allocated to each such project 
under section 506.

``SEC. 509. EMPLOYMENT ASSISTANCE AND FEDERAL HOUSING AND FOOD STAMP 
              PROGRAMS.

    ``Funds received by eligible individuals from projects carried out 
under the program established in this title shall not be considered to 
be income of such individuals for purposes of determining the 
eligibility of such individuals, or of any other persons, to 
participate in any housing program for which Federal funds may be 
available or for any income determination under the Food Stamp Act of 
1977.

``SEC. 510. ELIGIBILITY FOR WORKFORCE INVESTMENT ACTIVITIES.

    ``Eligible individuals under this title may be deemed by local 
workforce investment boards established under title I of the Workforce 
Investment Act of 1998 to satisfy the requirements for receiving 
services under such title that are applicable to adults.

``SEC. 511. TREATMENT OF ASSISTANCE.

    ``Assistance furnished under this title shall not be construed to 
be financial assistance described in section 245A(h)(1)(A) of the 
Immigration and Nationality Act (8 U.S.C. 1255A(h)(1)(A)).

``SEC. 512. COORDINATION WITH THE WORKFORCE INVESTMENT ACT OF 1998.

    ``(a) Partners.--Grantees under this title shall be one-stop 
partners as described in subparagraphs (A) and (B)(vi) of section 
121(b)(1) of the Workforce Investment Act of 1998 (29 U.S.C. 
2841(b)(1)) in the one-stop delivery system established under section 
134(c) of such Act (29 U.S.C. 2864(c)) for the appropriate local 
workforce investment areas, and shall carry out the responsibilities 
relating to such partners.
    ``(b) Coordination.--In local workforce investment areas where more 
than 1 grantee under this title provides services, the grantees shall 
coordinate their activities related to the one-stop delivery system, 
and grantees shall be signatories of the memorandum of understanding 
established under section 121(c) of the Workforce Investment Act of 
1998 (29 U.S.C. 2841(c)).

``SEC. 513. PERFORMANCE.

    ``(a) Measures.--
            ``(1) Establishment of measures.--The Secretary shall 
        establish, in consultation with grantees, 
        subgrantees<plus-minus>, and host agencies under this title, 
        States, older individuals, area agencies on aging, and other 
        organizations serving older individuals, performance measures 
        for each grantee for projects and services carried out under 
        this title.
            ``(2) Content.--
                    ``(A) Composition of measures.--The performance 
                measures as established by the Secretary and described 
                in paragraph (1) shall consist of indicators of 
                performance and levels of performance applicable to 
                each indicator. The measures shall be designed to 
                promote continuous improvement in performance.
                    ``(B) Adjustment.--The levels of performance 
                described in subparagraph (A) applicable to a grantee 
                shall be adjusted only with respect to the following 
                factors:
                            ``(i) High rates of unemployment, poverty, 
                        or welfare recipiency in the areas served by a 
                        grantee, relative to other areas of the State 
                        or Nation.
                            ``(ii) Significant downturns in the areas 
                        served by the grantee or in the national 
                        economy.
                            ``(iii) Significant numbers or proportions 
                        of enrollees with 1 or more barriers to 
                        employment served by a grantee relative to 
                        grantees serving other areas of the State or 
                        Nation.
                    ``(C) Placement.--For all grantees, the Secretary 
                shall establish a measure of performance of not less 
                than 20 percent (adjusted in accordance with 
                subparagraph (B)) for placement of enrollees into 
                unsubsidized public or private employment as defined in 
                subsection (c)(2).
            ``(3) Performance evaluation of public or private nonprofit 
        agencies and organizations.--The Secretary shall annually 
        establish national performance measures for each public or 
        private nonprofit agency or organization that is a grantee 
        under this title, which shall be applicable to the grantee 
        without regard to whether such grantee operates the program 
        directly or through contracts, grants, or agreements with other 
        entities. The performance of the grantees with respect to such 
        measures shall be evaluated in accordance with section 
        514(e)(1) regarding performance of the grantees on a national 
        basis, and in accordance with section 514(e)(3) regarding the 
        performance of the grantees in each State.
            ``(4) Performance evaluation of states.--The Secretary 
        shall annually establish performance measures for each State 
        that is a grantee under this title, which shall be applicable 
        to the State grantee without regard to whether such grantee 
        operates the program directly or through contracts, grants, or 
        agreements with other entities. The performance of the State 
        grantees with respect to such measures shall be evaluated in 
        accordance with section 514(f).
            ``(5) Limitation.--An agreement to be evaluated on the 
        performance measures shall be a requirement for application 
        for, and a condition of, all grants authorized by this title.
    ``(b) Required Indicators.--The indicators described in subsection 
(a) shall include--
            ``(1) the number of persons served, with particular 
        consideration given to individuals with greatest economic need, 
        greatest social need, or poor employment history or prospects, 
        and individuals who are over the age of 60;
            ``(2) community services provided;
            ``(3) placement into and retention in unsubsidized public 
        or private employment;
            ``(4) satisfaction of the enrollees, employers, and their 
        host agencies with their experiences and the services provided; 
        and
            ``(5) any additional indicators of performance that the 
        Secretary determines to be appropriate to evaluate services and 
        performance.
    ``(c) Definitions of Indicators.--
            ``(1) In general.--The Secretary, after consultation with 
        national and State grantees, representatives of business and 
        labor organizations, and providers of services, shall, by 
        regulation, issue definitions of the indicators of performance 
        described in subsection (b).
            ``(2) Definitions of certain terms.--In this section:
                    ``(A) Placement into public or private unsubsidized 
                employment.--The term `placement into public or private 
                unsubsidized employment' means full- or part-time paid 
                employment in the public or private sector by an 
                enrollee under this title for 30 days within a 90-day 
                period without the use of funds under this title or any 
                other Federal or State employment subsidy program, or 
                the equivalent of such employment as measured by the 
                earnings of an enrollee through the use of wage records 
                or other appropriate methods.
                    ``(B) Retention in public or private unsubsidized 
                employment.--The term `retention in public or private 
                unsubsidized employment' means full- or part-time paid 
                employment in the public or private sector by an 
                enrollee under this title for 6 months after the 
                starting date of placement into unsubsidized employment 
                without the use of funds under this title or any other 
                Federal or State employment subsidy program.
    ``(d) Corrective Efforts.--A State or other grantee that does not 
achieve the established levels of performance on the performance 
measures shall submit to the Secretary, for approval, a plan of 
correction as described in subsection (e) or (f) of section 514 to 
achieve the established levels of performance.

``SEC. 514. COMPETITIVE REQUIREMENTS RELATING TO GRANT AWARDS.

    ``(a) Program Authorized.--In accordance with section 502(b), the 
Secretary shall award grants to eligible applicants to carry out 
projects under this title for a period of 1 year, except that, after 
the promulgation of regulations for this title and the establishment of 
the performance measures required by section 513(a), the Secretary 
shall award grants for a period of not to exceed 3 years.
    ``(b) Eligible Applicants.--An applicant shall be eligible to 
receive a grant under subsection (a) in accordance with section 
502(b)(1), and subsections (c) and (d).
    ``(c) Criteria.--The Secretary shall select the eligible applicants 
to receive grants under subsection (a) based on the following:
            ``(1) The applicant's ability to administer a program that 
        serves the greatest number of eligible individuals, giving 
        particular consideration to individuals with greatest economic 
        need, greatest social need, poor employment history or 
        prospects, and over the age of 60.
            ``(2) The applicant's ability to administer a program that 
        provides employment for eligible individuals in the communities 
        in which such individuals reside, or in nearby communities, 
        that will contribute to the general welfare of the community.
            ``(3) The applicant's ability to administer a program that 
        moves eligible individuals into unsubsidized employment.
            ``(4) The applicant's ability to move individuals with 
        multiple barriers to employment into unsubsidized employment.
            ``(5) The applicant's ability to coordinate with other 
        organizations at the State and local level.
            ``(6) The applicant's plan for fiscal management of the 
        program to be administered with funds received under this 
        section.
            ``(7) Any additional criteria that the Secretary deems 
        appropriate in order to minimize disruption for current 
        enrollees.
    ``(d) Responsibility Tests.--
            ``(1) In general.--Before final selection of a grantee, the 
        Secretary shall conduct a review of available records to assess 
        the applicant's overall responsibility to administer Federal 
        funds.
            ``(2) Review.--As part of the review described in paragraph 
        (1), the Secretary may consider any information, including the 
        organization's history with regard to the management of other 
        grants.
            ``(3) Failure to satisfy test.--The failure to satisfy any 
        1 responsibility test that is listed in paragraph (4), except 
        for those listed in subparagraphs (A) and (B) of such 
        paragraph, does not establish that the organization is not 
        responsible unless such failure is substantial or persistent 
        (for 2 or more consecutive years).
            ``(4) Test.--The responsibility tests include review of the 
        following factors:
                    ``(A) Efforts by the organization to recover debts, 
                after 3 demand letters have been sent, that are 
                established by final agency action and have been 
                unsuccessful, or that there has been failure to comply 
                with an approved repayment plan.
                    ``(B) Established fraud or criminal activity of a 
                significant nature within the organization.
                    ``(C) Serious administrative deficiencies 
                identified by the Secretary, such as failure to 
                maintain a financial management system as required by 
                Federal regulations.
                    ``(D) Willful obstruction of the audit process.
                    ``(E) Failure to provide services to applicants as 
                agreed to in a current or recent grant or to meet 
                applicable performance measures.
                    ``(F) Failure to correct deficiencies brought to 
                the grantee's attention in writing as a result of 
                monitoring activities, reviews, assessments, or other 
                activities.
                    ``(G) Failure to return a grant closeout package or 
                outstanding advances within 90 days of the grant 
                expiration date or receipt of closeout package, 
                whichever is later, unless an extension has been 
                requested and granted.
                    ``(H) Failure to submit required reports.
                    ``(I) Failure to properly report and dispose of 
                government property as instructed by the Secretary.
                    ``(J) Failure to have maintained effective cash 
                management or cost controls resulting in excess cash on 
                hand.
                    ``(K) Failure to ensure that a subrecipient 
                complies with its Office of Management and Budget 
                Circular A-133 audit requirements specified at section 
                667.200(b) of title 20, Code of Federal Regulations.
                    ``(L) Failure to audit a subrecipient within the 
                required period.
                    ``(M) Final disallowed costs in excess of 5 percent 
                of the grant or contract award if, in the judgment of 
                the grant officer, the disallowances are egregious 
                findings.
                    ``(N) Failure to establish a mechanism to resolve a 
                subrecipient's audit in a timely fashion.
            ``(5) Determination.--Applicants that are determined to be 
        not responsible shall not be selected as grantees.
            ``(6) Disallowed costs.--Interest on disallowed costs shall 
        accrue in accordance with the Debt Collection Improvement Act 
        of 1996.
    ``(e) National Performance Measures and Competition for Public and 
Private Nonprofit Agencies and Organizations.--
            ``(1) In general.--Not later than 120 days after the end of 
        each program year, the Secretary shall determine if each public 
        or private nonprofit agency or organization that is a grantee 
        has met the national performance measures established pursuant 
        to section 513(a)(3).
            ``(2) Technical assistance and corrective action plan.--
                    ``(A) In general.--If the Secretary determines that 
                a grantee fails to meet the national performance 
                measures for a program year, the Secretary shall 
                provide technical assistance and require such 
                organization to submit a corrective action plan not 
                later than 160 days after the end of the program year.
                    ``(B) Content.--The plan submitted under 
                subparagraph (A) shall detail the steps the grantee 
                will take to meet the national performance measures in 
                the next program year.
                    ``(C) After second year of failure.--If a grantee 
                fails to meet the national performance measures for a 
                second consecutive program year, the Secretary shall 
                conduct a national competition to award, for the first 
                full program year following the determination 
                (minimizing, to the extent possible, the disruption of 
                services provided to enrollees), an amount equal to 25 
                percent of the funds awarded to the grantee for such 
                year.
                    ``(D) Competition after third consecutive year of 
                failure.--If a grantee fails to meet the national 
                performance measures for a third consecutive program 
                year, the Secretary shall conduct a national 
                competition to award the amount of the grant remaining 
                after deduction of the portion specified in 
                subparagraph (C) for the first full program year 
                following the determination. The eligible applicant 
                that receives the grant through the national 
                competition shall continue service to the geographic 
                areas formerly served by the grantee that previously 
                received the grant.
            ``(3) Competition requirements for public and private 
        nonprofit agencies and organizations in a state.--
                    ``(A) In general.--In addition to the actions 
                required under paragraph (2), the Secretary shall take 
                corrective action if the Secretary determines at the 
                end of any program year that, despite meeting the 
                established national performance measures, a public or 
                private nonprofit agency or organization that is a 
                grantee has attained levels of performance 20 percent 
                or more below the national performance measures with 
                respect to the project carried out in a State and has 
                failed to meet the performance measures as established 
                by the Secretary for the State grantee in such State, 
                and there are not factors, such as the factors 
                described in section 513(a)(2)(B), or size of the 
                project, that justify the performance.
                    ``(B) First year of failure.--After the first 
                program year of failure to meet the performance 
                criteria described in subparagraph (A), the Secretary 
                shall require a corrective action plan, and may require 
                the transfer of the responsibility for the project to 
                other grantees, provide technical assistance, and take 
                other appropriate actions.
                    ``(C) Second year of failure.--After the second 
                consecutive program year of failure to meet the 
                performance criteria described in subparagraph (A), the 
                corrective actions to be taken by the Secretary may 
                include the transfer of the responsibility for a 
                portion or all of the project to a State or public or 
                private nonprofit agency or organization, or a 
                competition for a portion or all of the funds to carry 
                out such project among all eligible entities that meet 
                the responsibility tests under section 514(d) except 
                for the grantee that is the subject of the corrective 
                action.
                    ``(D) Third year of failure.--After the third 
                consecutive program year of failure to meet the 
                performance criteria described in subparagraph (A), the 
                Secretary shall conduct a competition for the funds to 
                carry out such project among all eligible entities that 
                meet the responsibility tests under section 514(d) 
                except for the grantee that is the subject of the 
                corrective action.
            ``(4) Request by governor.--Upon the request of the 
        Governor of a State for a review of the performance of a public 
        or private nonprofit agency or organization within the State, 
        the Secretary shall undertake such a review in accordance with 
        the criteria described in paragraph (3)(A). If the performance 
        of such grantee is not justified under such criteria, the 
        Secretary shall take corrective action in accordance with 
        paragraph (3).
    ``(f) Performance Measures and Competition for States.--
            ``(1) In general.--Not later than 120 days after the end of 
        the program year, the Secretary shall determine if a State 
        grantee has met the performance measures established pursuant 
        to section 513(a)(4).
            ``(2) Technical assistance and corrective action plan.--If 
        a State that receives a grant fails to meet the performance 
        measures for a program year, the Secretary shall provide 
        technical assistance and require the State to submit a 
        corrective action plan not later than 160 days after the end of 
        the program year.
            ``(3) Content.--The plan described in paragraph (2) shall 
        detail the steps the State will take to meet the standards.
            ``(4) Failure to meet performance measures for second and 
        third years.--
                    ``(A) After second year of failure.--If a State 
                fails to meet the performance measures for a second 
                consecutive program year, the Secretary shall provide 
                for the conduct by the State of a competition to award, 
                for the first full program year following the 
                determination (minimizing, to the extent possible, the 
                disruption of services provided to enrollees), an 
                amount equal to 25 percent of the funds available to 
                the State for such year.
                    ``(B) After third year of failure.--If the State 
                fails to meet the performance measures for a third 
                consecutive program year, the Secretary shall provide 
                for the conduct by the State of a competition to award 
                the funds allocated to the State for the first full 
                program year following the Secretary's determination 
                that the State has not met the performance measures.

``SEC. 515. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) There is authorized to be appropriated to carry out this 
title--
            ``(1) $475,000,000 for fiscal year 2001 and such sums as 
        may be necessary for fiscal year 2002 through 2005; and
            ``(2) such additional sums as may be necessary for each 
        such fiscal year to enable the Secretary, through programs 
        under this title, to provide for at least 70,000 part-time 
        employment positions for eligible individuals.
For purposes of paragraph (2), `part-time employment position' means an 
employment position within a workweek of at least 20 hours.
    ``(b) Amounts appropriated under this section for any fiscal year 
shall be available for obligation during the annual period which begins 
on July 1 of the calendar year immediately following the beginning of 
such fiscal year and which ends on June 30 of the following calendar 
year. The Secretary may extend the period during which such amounts may 
be obligated or expended in the case of a particular organization or 
agency receiving funds under this title if the Secretary determines 
that such extension is necessary to ensure the effective use of such 
funds by such organization or agency.
    ``(c) At the end of the program year, the Secretary may recapture 
any unexpended funds for the program year, and reobligate such funds 
within the 2 succeeding program years for--
            ``(1) incentive grants;
            ``(2) technical assistance; or
            ``(3) grants or contracts for any other program under this 
        title.

``SEC. 516. DEFINITIONS.

    ``In this title:
            ``(1) Community service.--The term `community service' 
        means social, health, welfare, and educational services 
        (including literacy tutoring), legal and other counseling 
        services and assistance, including tax counseling and 
        assistance and financial counseling, and library, recreational, 
        and other similar services; conservation, maintenance, or 
        restoration of natural resources; community betterment or 
        beautification; antipollution and environmental quality 
        efforts; weatherization activities; economic development; and 
        such other services essential and necessary to the community as 
        the Secretary, by regulation, may prescribe.
            ``(2) Eligible individuals.--The term `eligible 
        individuals' means an individual who is 55 years old or older, 
        who has a low income (including any such individual whose 
        income is not more than 125 percent of the poverty guidelines 
        established by the Office of Management and Budget), except 
        that, pursuant to regulations prescribed by the Secretary, any 
        such individual who is 60 years old or older shall have 
        priority for the work opportunities provided for under this 
        title.
            ``(3) Pacific island and asian americans.--The term 
        `Pacific Island and Asian Americans' means Americans having 
        origins in any of the original peoples of the Far East, 
        Southeast Asia, the Indian Subcontinent, or the Pacific 
        Islands.
            ``(4) Program.--The term `program' means the older American 
        community service employment program established under this 
        title.''.

  TITLE VI--AMENDMENTS TO TITLE VI OF THE OLDER AMERICANS ACT OF 1965

SEC. 601. ELIGIBILITY.

    Section 612 of the Older Americans Act of 1965 (42 U.S.C. 3057c) is 
amended--
            (1) by redesignating subsection (b) as subsection (c); and
            (2) by inserting after subsection (a) the following:
    ``(b) An Indian tribe represented by an organization specified in 
subsection (a) shall be eligible for only 1 grant under this part for 
any fiscal year. Nothing in this subsection shall preclude an Indian 
tribe represented by an organization specified in subsection (a) from 
receiving a grant under section 631.''.

SEC. 602. APPLICATIONS.

    Section 614 of the Older Americans Act of 1965 (42 U.S.C. 3057e) is 
amended--
            (1) in subsection (b), by striking ``certification'' and 
        inserting ``approval''; and
            (2) in subsection (c)--
                    (A) by inserting ``(1)'' after ``(c)''; and
                    (B) by adding at the end the following:
    ``(2) The Assistant Secretary shall provide waivers and exemptions 
of the reporting requirements of subsection (a)(3) for applicants that 
serve Indian populations in geographically isolated areas, or 
applicants that serve small Indian populations, where the small scale 
of the project, the nature of the applicant, or other factors make the 
reporting requirements unreasonable under the circumstances. The 
Assistant Secretary shall consult with such applicants in establishing 
appropriate waivers and exemptions.
    ``(3) The Assistant Secretary shall approve any application that 
complies with the provisions of subsection (a), except that in 
determining whether an application complies with the requirements of 
subsection (a)(8), the Assistant Secretary shall provide maximum 
flexibility to an applicant that seeks to take into account subsistence 
needs, local customs, and other characteristics that are appropriate to 
the unique cultural, regional, and geographic needs of the Indian 
populations to be served.
    ``(4) In determining whether an application complies with the 
requirements of subsection (a)(12), the Assistant Secretary shall 
require only that an applicant provide an appropriate narrative 
description of the geographic area to be served and an assurance that 
procedures will be adopted to ensure against duplicate services being 
provided to the same recipients.''.

SEC. 603. AUTHORIZATION OF APPROPRIATIONS.

    Section 633 of the Older Americans Act of 1965 (42 U.S.C. 3057n) is 
amended to read as follows:

``SEC. 633. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this title--
            ``(1) for parts A and B, such sums as may be necessary for 
        fiscal year 2001, and such sums as may be necessary for 
        subsequent fiscal years; and
            ``(2) for part C, $5,000,000 for fiscal year 2001, and such 
        sums as may be necessary for subsequent fiscal years.''.

SEC. 604. GENERAL PROVISIONS.

    Title VI of the Older Americans Act of 1965 (42 U.S.C. 3057 et 
seq.) is amended--
            (1) by redesignating part C as part D;
            (2) by redesignating sections 631 through 633 as sections 
        641 through 643, respectively;
            (3) by inserting after part B the following:

          ``PART C--NATIVE AMERICAN CAREGIVER SUPPORT PROGRAM

``SEC. 631. PROGRAM.

    ``(a) In General.--The Assistant Secretary shall carry out a 
program for making grants to tribal organizations with applications 
approved under parts A and B, to pay for the Federal share of carrying 
out tribal programs, to enable the tribal organizations to provide 
multifaceted systems of the support services described in section 373 
for caregivers described in section 373.
    ``(b) Requirements.--In providing services under subsection (a), a 
tribal organization shall meet the requirements specified for an area 
agency on aging and for a State in the provisions of subsections (c), 
(d), and (e) of section 373 and of section 374. For purposes of this 
subsection, references in such provisions to a State program shall be 
considered to be references to a tribal program under this part.''.

 TITLE VII--AMENDMENTS TO TITLE VII OF THE OLDER AMERICANS ACT OF 1965

SEC. 701. AUTHORIZATION OF APPROPRIATIONS.

    Section 702 of the Older Americans Act of 1965 (42 U.S.C. 3058a) is 
amended to read as follows:

``SEC. 702. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) Ombudsman Program.--There are authorized to be appropriated 
to carry out chapter 2, such sums as may be necessary for fiscal year 
2001, and such sums as may be necessary for subsequent fiscal years.
    ``(b) Prevention of Elder Abuse, Neglect, and Exploitation.--There 
are authorized to be appropriated to carry out chapter 3, such sums as 
may be necessary for fiscal year 2001, and such sums as may be 
necessary for subsequent fiscal years.
    ``(c) Legal Assistance Development Program.--There are authorized 
to be appropriated to carry out chapter 4, such sums as may be 
necessary for fiscal year 2001, and such sums as may be necessary for 
subsequent fiscal years.''.

SEC. 702. ALLOTMENT.

    Section 703(a)(2)(C) of the Older Americans Act of 1965 (42 U.S.C. 
3058b(a)(2)(C)) is amended by striking ``1991'' each place it appears 
and inserting ``2000''.

SEC. 703. ADDITIONAL STATE PLAN REQUIREMENTS.

    Section 705(a) of the Older Americans Act of 1965 (42 U.S.C. 
3058d(a)) is amended--
            (1) in paragraph (4), by inserting ``each of'' after 
        ``carry out'';
            (2) in paragraph (6)(C)(iii), by striking the semicolon and 
        inserting ``; and'';
            (3) by striking paragraph (7);
            (4) by redesignating paragraph (8) as paragraph (7); and
            (5) in paragraph (7) (as redesignated by paragraph (3)), by 
        striking ``paragraphs (1) through (7)'' and inserting 
        ``paragraphs (1) through (6)''.

SEC. 704. STATE LONG-TERM CARE OMBUDSMAN PROGRAM.

    Section 712 of the Older Americans Act of 1965 (42 U.S.C. 3058g) is 
amended--
            (1) in subsection (a), in paragraph (5)(C)(ii), by 
        inserting ``and not stand to gain financially through an action 
        or potential action brought on behalf of individuals the 
        Ombudsman serves'' after ``interest''; and
            (2) in subsection (h)--
                    (A) in paragraph (4)--
                            (i) in subparagraph (A)--
                                    (I) by striking ``(A) not later 
                                than 1 year after the date of enactment 
                                of this title, establish'' and 
                                inserting ``strengthen and update''; 
                                and
                                    (II) in clause (iii), by striking 
                                ``and'';
                            (ii) by striking subparagraph (B);
                            (iii) by redesignating clauses (i) through 
                        (iii) as subparagraphs (A) through (C), 
                        respectively; and
                            (iv) by redesignating subclauses (I) 
                        through (III) as clauses (i) through (iii), 
                        respectively;
                    (B) in paragraph (7), by striking ``; and'' and 
                inserting a semicolon;
                    (C) by redesignating paragraph (8) as paragraph 
                (9); and
                    (D) by inserting after paragraph (7) the following:
            ``(8) coordinate services with State and local law 
        enforcement agencies and courts of competent jurisdiction; 
        and''.

SEC. 705. PREVENTION OF ELDER ABUSE, NEGLECT, AND EXPLOITATION.

    Section 721 of the Older Americans Act of 1965 (42 U.S.C. 3058i) is 
amended--
            (1) in subsection (b)--
                    (A) in the matter preceding paragraph (1), by 
                inserting ``(including financial exploitation)'' after 
                ``exploitation'';
                    (B) in paragraph (2), by inserting ``, State and 
                local law enforcement systems, and courts of competent 
                jurisdiction'' after ``service program''; and
                    (C) in paragraph (5), by inserting ``including 
                caregivers described in part E of title III,'' after 
                ``individuals,'';
            (2) in subsection (d)(8)--
                    (A) by inserting ``State and local'' after 
                ``consumer protection and''; and
                    (B) by inserting ``, and services provided by 
                agencies and courts of competent jurisdiction'' before 
                the period; and
            (3) by adding at the end the following:
    ``(g) Study and Report.--
            ``(1) Study.--The Secretary, in consultation with the 
        Department of the Treasury and the Attorney General of the 
        United States, State attorneys general, and tribal and local 
        prosecutors, shall conduct a study of the nature and extent of 
        financial exploitation of older individuals. The purpose of 
        this study would be to define and describe the scope of the 
        problem of financial exploitation of the elderly and to provide 
        an estimate of the number and type of financial transactions 
        considered to constitute financial exploitation faced by older 
        individuals. The study shall also examine the adequacy of 
        current Federal and State legal protections to prevent such 
        exploitation.
            ``(2) Report.--Not later than 18 months after the date of 
        enactment of the Older Americans Act Amendments of 2000, the 
        Secretary shall submit to Congress a report, which shall 
        include--
                    ``(A) the results of the study conducted under this 
                subsection; and
                    ``(B) recommendations for future actions to combat 
                the financial exploitation of older individuals.''.

SEC. 706. ASSISTANCE PROGRAMS.

    Subtitle A of title VII of the Older Americans Act of 1965 (42 
U.S.C 3058 et seq.) is amended by repealing chapters 4 and 5 and 
inserting the following:

        ``CHAPTER 4--STATE LEGAL ASSISTANCE DEVELOPMENT PROGRAM

``SEC. 731. STATE LEGAL ASSISTANCE DEVELOPMENT.

    ``A State agency shall provide the services of an individual who 
shall be known as a State legal assistance developer, and the services 
of other personnel, sufficient to ensure--
            ``(1) State leadership in securing and maintaining the 
        legal rights of older individuals;
            ``(2) State capacity for coordinating the provision of 
        legal assistance;
            ``(3) State capacity to provide technical assistance, 
        training, and other supportive functions to area agencies on 
        aging, legal assistance providers, ombudsmen, and other 
        persons, as appropriate;
            ``(4) State capacity to promote financial management 
        services to older individuals at risk of conservatorship;
            ``(5) State capacity to assist older individuals in 
        understanding their rights, exercising choices, benefiting from 
        services and opportunities authorized by law, and maintaining 
        the rights of older individuals at risk of guardianship; and
            ``(6) State capacity to improve the quality and quantity of 
        legal services provided to older individuals.''.

SEC. 707. NATIVE AMERICAN PROGRAMS.

    Section 751(d) of the Older Americans Act of 1965 (42 U.S.C. 
3058aa(d)) is amended to read as follows:
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as may be necessary 
for fiscal year 2001, and such sums as may be necessary for subsequent 
fiscal years.''.

            TITLE VIII--TECHNICAL AND CONFORMING AMENDMENTS

SEC. 801. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Title I.--Section 102(34)(C) of the Older Americans Act of 1965 
(42 U.S.C. 3002(34)(C)) is amended by striking ``307(a)(12)'' and 
inserting ``307(a)(9)''.
    (b) Title II.--
            (1) Section 201(d)(3) of the Older Americans Act of 1965 
        (42 U.S.C. 3011(d)(3)) is amended--
                    (A) in subparagraph (C)(ii), by striking 
                ``307(a)(12)'' and inserting ``307(a)(9)''; and
                    (B) in subparagraph (J), by striking ``307(a)(12)'' 
                and inserting ``307(a)(9)''.
            (2) Section 202 of the Older Americans Act of 1965 (42 
        U.S.C. 3012) is amended--
                    (A) in subsection (a)--
                            (i) in paragraph (19)(C), by striking 
                        ``paragraphs (2) and (5)(A) of section 306(a)'' 
                        and inserting ``paragraphs (2) and (4)(A) of 
                        section 306(a)''; and
                            (ii) in paragraph (26), by striking 
                        ``sections 307(a)(18) and 731(b)(2)'' and 
                        inserting ``section 307(a)(13) and section 
                        731'';
                    (B) in subsection (c)--
                            (i) in paragraph (1), by striking 
                        ``(c)(1)'' and inserting ``(c)''; and
                            (ii) by striking paragraph (2); and
                    (C) in subsection (e)(1)(A)--
                            (i) by striking clause (i) and inserting 
                        the following:
                    ``(i) provide information about grants and projects 
                under title IV;''; and
                            (ii) in clause (iv), by striking ``, and 
                        the information provided by the Resource 
                        Centers on Native American Elders under section 
                        429E''.
            (3) Section 205(a)(2)(A) of the Older Americans Act of 1965 
        (42 U.S.C. 3016(a)(2)(A)) is amended by striking ``subparts 1, 
        2, and 3'' and inserting ``subparts 1 and 2''.
            (4) Section 207(a) of the Older Americans Act of 1965 (42 
        U.S.C. 3018(a)) is amended--
                    (A) by striking paragraph (3); and
                    (B) by redesignating paragraphs (4) and (5) as 
                paragraphs (3) and (4), respectively.
            (5) Section 214 of the Older Americans Act of 1965 (42 
        U.S.C. 3020e) is amended by striking ``307(a)(13)(J)'' and 
        inserting ``339(2)(J)''.
    (c) Title III.--
            (1) Section 301(c) of the Older Americans Act of 1965 (42 
        U.S.C. 3021(c)) is amended by striking ``307(a)(12)'' and 
        inserting ``307(a)(9)''.
            (2) Section 304 of the Older Americans Act of 1965 (42 
        U.S.C. 3024) is amended--
                    (A) in subsection (d)(1)(B), by striking 
                ``307(a)(12)'' and inserting ``307(a)(9)''; and
                    (B) by striking subsection (e).
            (3) Section 305(a)(2)(F) of the Older Americans Act of 1965 
        (42 U.S.C. 3025(a)(2)(F)) is amended by striking ``307(a)(24)'' 
        and inserting ``307(a)(16)''.
            (4) Section 307 of the Older Americans Act of 1965 (42 
        U.S.C. 3027) is amended--
                    (A) in subsection (a), in paragraph (22) (as 
                redesignated by section 305(19)), by striking 
                ``306(a)(20)'' and inserting ``306(a)(8)''; and
                    (B) in subsection (f)--
                            (i) in paragraph (1), by striking 
                        ``(f)(1)'' and inserting ``(f)''; and
                            (ii) by striking paragraph (2).
            (5) Section 321(a)(15) of the Older Americans Act of 1965 
        (42 U.S.C. 3030d(a)(15)) is amended by striking ``section 
        307(a)(16)'' and inserting ``section 307(a)(12)''.
    (d) Title VI.--Section 614(a) of the Older Americans Act of 1965 
(42 U.S.C. 3057e(a)) is amended--
            (1) by striking paragraph (9); and
            (2) by redesignating paragraphs (10) through (12) as 
        paragraphs (9) through (11), respectively.
    (e) Title VII.--
            (1) Section 703(a)(2)(C) of the Older Americans Act of 1965 
        (42 U.S.C. 3058b(a)(2)(C)) is amended--
                    (A) in clause (i), by striking ``section 702(a)'' 
                and inserting ``section 702 and made available to carry 
                out chapter 2''; and
                    (B) in clause (ii), by striking ``section 702(b)'' 
                and inserting ``section 702 and made available to carry 
                out chapter 3''.
            (2) Section 712(a)(1) of the Older Americans Act of 1965 
        (42 U.S.C. 3058g(a)(1)) is amended by striking ``section 
        702(a)'' and inserting ``section 702 and made available to 
        carry out this chapter''.
            (3) Section 721(a) of the Older Americans Act of 1965 (42 
        U.S.C. 3058i(a)) is amended by striking ``section 702(b)'' and 
        inserting ``section 702 and made available to carry out this 
        chapter''.
            (4) Section 761(2) of the Older Americans Act of 1965 (42 
        U.S.C. 3058bb(2)) is amended by striking ``chapter 2, 3, 4, or 
        5 of this title'' and inserting ``subtitle A''.
            (5) Section 762 of the Older Americans Act of 1965 (42 
        U.S.C. 3058cc) is amended, in the matter preceding paragraph 
        (1), by striking ``or an entity described in section 751(c)''.
            (6) Section 764(b) of the Older Americans Act of 1965 (42 
        U.S.C. 3058ee(b)) is amended by striking ``, area agencies on 
        aging, and entities described in section 751(c)'' and inserting 
        ``and area agencies on aging''.

            Passed the House of Representatives October 25, 2000.

            Attest:

                                                                 Clerk.
106th CONGRESS

  2d Session

                               H. R. 782

_______________________________________________________________________

                                 AN ACT

 To amend the Older Americans Act of 1965 to extend authorizations of 
 appropriations for programs under the Act, to modernize programs and 
        services for older individuals, and for other purposes.
```