II

106TH CONGRESS

2D SESSION H. R. 782

IN THE SENATE OF THE UNITED STATES

OCTOBER 25 (legislative day, SEPTEMBER 22), 2000

Received

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Older Americans Act

3 Amendments of 2000’’.

4 SEC. 2. TABLE OF CONTENTS.

5 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
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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.

1 TITLE I—AMENDMENT TO TITLE

2 I OF THE OLDER AMERICANS

3 ACT OF 1965

4 SEC. 101. DEFINITIONS.

5 Section 102 of the Older Americans Act of 1965 (42

6 U.S.C. 3002) is amended—

7 (1) in paragraph (3), by striking ‘‘the Common8 wealth of the Northern Mariana Islands, and the

9 Trust Territory of the Pacific Islands.’’ and insert10 ing ‘‘and the Commonwealth of the Northern Mar11 iana Islands.’’;

12 (2) by striking paragraph (12) and inserting

13 the following:
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1 ‘‘(12) The term ‘disease prevention and health

2 promotion services’ means—

3 ‘‘(A) health risk assessments;

4 ‘‘(B) routine health screening, which may

5 include hypertension, glaucoma, cholesterol,

6 cancer, vision, hearing, diabetes, bone density,

7 and nutrition screening;

8 ‘‘(C) nutritional counseling and educational

9 services for individuals and their primary care10 givers;

11 ‘‘(D) health promotion programs, including

12 but not limited to programs relating to preven13 tion and reduction of effects of chronic dis14 abling conditions (including osteoporosis and

15 cardiovascular disease), alcohol and substance

16 abuse reduction, smoking cessation, weight loss

17 and control, and stress management;

18 ‘‘(E) programs regarding physical fitness,

19 group exercise, and music therapy, art therapy,

20 and dance-movement therapy, including pro21 grams for multigenerational participation that

22 are provided by—

23 ‘‘(i) an institution of higher education;

24 ‘‘(ii) a local educational agency, as de25 fined in section 14101 of the Elementary
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1 and Secondary Education Act of 1965 (20

2 U.S.C. 8801); or

3 ‘‘(iii) a community-based organization;

4 ‘‘(F) home injury control services, includ5 ing screening of high-risk home environments

6 and provision of educational programs on injury

7 prevention (including fall and fracture preven8 tion) in the home environment;

9 ‘‘(G) screening for the prevention of de10 pression, coordination of community mental

11 health services, provision of educational activi12 ties, and referral to psychiatric and psycho13 logical services;

14 ‘‘(H) educational programs on the avail15 ability, benefits, and appropriate use of preven16 tive health services covered under title XVIII of

17 the Social Security Act (42 U.S.C. 1395 et

18 seq.);

19 ‘‘(I) medication management screening and

20 education to prevent incorrect medication and

21 adverse drug reactions;

22 ‘‘(J) information concerning diagnosis, pre23 vention, treatment, and rehabilitation con24 cerning age-related diseases and chronic dis25 abling conditions, including osteoporosis, cardio-
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1 vascular diseases, diabetes, and Alzheimer’s dis2 ease and related disorders with neurological and

3 organic brain dysfunction;

4 ‘‘(K) gerontological counseling; and

5 ‘‘(L) counseling regarding social services

6 and followup health services based on any of

7 the services described in subparagraphs (A)

8 through (K).

9 The term shall not include services for which pay10 ment may be made under titles XVIII and XIX of

11 the Social Security Act (42 U.S.C. 1395 et seq.,

12 1396 et seq.).’’;

13 (3) by striking paragraph (18) and redesig14 nating paragraphs (19), (20), (21), and (22) as

15 paragraphs (18), (19), (20), and (21);

16 (4) by striking paragraphs (19) and (20) (as

17 redesignated) and inserting the following:

18 ‘‘(19) The term ‘in-home services’ includes—

19 ‘‘(A) services of homemakers and home

20 health aides;

21 ‘‘(B) visiting and telephone reassurance;

22 ‘‘(C) chore maintenance;

23 ‘‘(D) in-home respite care for families, and

24 adult day care as a respite service for families;
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1 ‘‘(E) minor modification of homes that is

2 necessary to facilitate the ability of older indi3 viduals to remain at home and that is not avail4 able under another program (other than a pro5 gram carried out under this Act);

6 ‘‘(F) personal care services; and

7 ‘‘(G) other in-home services as defined—

8 ‘‘(i) by the State agency in the State

9 plan submitted in accordance with section

10 307; and

11 ‘‘(ii) by the area agency on aging in

12 the area plan submitted in accordance with

13 section 306.

14 ‘‘(20) The term ‘Native American’ means—

15 ‘‘(A) an Indian as defined in paragraph

16 (5); and

17 ‘‘(B) a Native Hawaiian, as defined in sec18 tion 625.’’;

19 (5) by striking paragraph (23) and redesig20 nating paragraphs (24) through (35) as paragraphs

21 (22), (23), (24), (25), (26), (27), (28), (29), (30),

22 (31), (32), and (33);

23 (6) by striking paragraph (36) and redesig24 nating the remaining paragraphs; and

25 (7) by adding at the end the following:
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1 ‘‘(42) The term ‘family violence’ has the same

2 meaning given the term in the Family Violence Pre3 vention and Services Act (42 U.S.C. 10408).

4 ‘‘(43) The term ‘sexual assault’ has the mean5 ing given the term in section 2003 of the Omnibus

6 Crime Control and Safe Streets Act of 1968 (42

7 U.S.C. 3796gg–2).’’.

8 TITLE II—AMENDMENTS TO

9 TITLE II OF THE OLDER

10 AMERICANS ACT OF 1965 AND

11 THE OLDER AMERICANS ACT

12 AMENDMENTS OF 1987

13 Subtitle A—Amendments to Title II

14 of the Older Americans Act of 1965

15 SEC. 201. FUNCTIONS OF ASSISTANT SECRETARY.

16 Section 202 of the Older Americans Act of 1965 (42

17 U.S.C. 3012) is amended—

18 (1) in subsection (a)—

19 (A) by striking paragraph (9) and redesig20 nating paragraphs (10), (11), and (12) as para21 graphs (9), (10), and (11) respectively;

22 (B) by striking parargraphs (13) and (14)

23 and redesignating the remaining paragraphs;

24 (C) in paragraph (15) (as redesignated),

25 by inserting ‘‘and older individuals residing in
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1 rural areas’’ after ‘‘low-income minority individ2 uals’’;

3 (D) in paragraph (18)(B) (as redesig4 nated), by striking ‘‘1990’’ and inserting

5 ‘‘2000’’;

6 (E) by striking paragraph (19) (as redesig7 nated) and inserting the following:

8 ‘‘(19) conduct strict monitoring of State compli9 ance with the requirements in effect, under this Act

10 to prohibit conflicts of interest and to maintain the

11 integrity and public purpose of services provided and

12 service providers, under this Act in all contractual

13 and commercial relationships;’’;

14 (F) by striking paragraph (21) (as redesig15 nated) and inserting the following:

16 ‘‘(21) establish information and assistance serv17 ices as priority services for older individuals, and de18 velop and operate, either directly or through con19 tracts, grants, or cooperative agreements, a National

20 Eldercare Locator Service, providing information

21 and assistance services through a nationwide toll22 free number to identify community resources for

23 older individuals;’’;

24 (G) by striking paragraph (24) (as redesig25 nated) and inserting the following:
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1 ‘‘(24) establish and carry out pension coun2 seling and information programs described in section

3 215;’’; and

4 (H) by striking paragraph (27) and redes5 ignating the remaining paragraphs;

6 (I) by adding a new paragraph (27):

7 ‘‘(27) improve the delivery of services to older

8 individuals living in rural areas through—

9 ‘‘(A) synthesizing results of research on

10 how best to meet the service needs of older indi11 viduals in rural areas;

12 ‘‘(B) developing a resource guide on best

13 practices for States, area agencies on aging,

14 and service providers;

15 ‘‘(C) providing training and technical as16 sistance to States to implement these best prac17 tices of service delivery; and

18 ‘‘(D) submitting a report on the States’ ex19 periences in implementing these best practices

20 and the effect these innovations are having on

21 improving service delivery in rural areas to the

22 relevant committees not later than 36 months

23 after enactment.’’;

24 (2) in subsection (d)(4), by striking ‘‘1990’’

25 and inserting ‘‘2000’’; and
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1 (3) by adding at the end the following:

2 ‘‘(f)(1) The Assistant Secretary, in accordance with

3 the process described in paragraph (2), and in collabora4 tion with a representative group of State agencies, tribal

5 organizations, area agencies on aging, and providers of

6 services involved in the performance outcome measures

7 shall develop and publish by December 31, 2001, a set

8 of performance outcome measures for planning, managing,

9 and evaluating activities performed and services provided

10 under this Act. To the maximum extent possible, the As11 sistant Secretary shall use data currently collected (as of

12 the date of development of the measures) by State agen13 cies, area agencies on aging, and service providers through

14 the National Aging Program Information System and

15 other applicable sources of information in developing such

16 measures.

17 ‘‘(2) The process for developing the performance out18 come measures described in paragraph (1) shall include—

19 ‘‘(A) a review of such measures currently in use

20 by State agencies and area agencies on aging (as of

21 the date of the review);

22 ‘‘(B) development of a proposed set of such

23 measures that provides information about the major

24 activities performed and services provided under this

25 Act;
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1 ‘‘(C) pilot testing of the proposed set of such

2 measures, including an identification of resource, in3 frastructure, and data collection issues at the State

4 and local levels; and

5 ‘‘(D) evaluation of the pilot test and rec6 ommendations for modification of the proposed set

7 of such measures.’’.

8 SEC. 202. FEDERAL AGENCY CONSULTATION.

9 Title II of the Older Americans Act of 1965 (42

10 U.S.C. 3011 et seq.) is amended—

11 (1) in section 203(a)(3)(A), by inserting ‘‘and

12 older individuals residing in rural areas’’ after ‘‘low13 income minority older individuals’’;

14 (2) by striking section 204 and inserting the

15 following:

16 ‘‘SEC. 204. GIFTS AND DONATIONS.

17 ‘‘(a) GIFTS AND DONATIONS.—The Assistant Sec18 retary may accept, use, and dispose of, on behalf of the

19 United States, gifts or donations (in cash or in kind, in20 cluding voluntary and uncompensated services or prop21 erty), which shall be available until expended for the pur22 poses specified in subsection (b). Gifts of cash and pro23 ceeds of the sale of property shall be available in addition

24 to amounts appropriated to carry out this Act.
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1 ‘‘(b) USE OF GIFTS AND DONATIONS.—Gifts and do2 nations accepted pursuant to subsection (a) may be used

3 either directly, or for grants to or contracts with public

4 or nonprofit private entities, for the following activities:

5 ‘‘(1) The design and implementation of dem6 onstrations of innovative ideas and best practices in

7 programs and services for older individuals.

8 ‘‘(2) The planning and conduct of conferences

9 for the purpose of exchanging information, among

10 concerned individuals and public and private entities

11 and organizations, relating to programs and services

12 provided under this Act and other programs and

13 services for older individuals.

14 ‘‘(3) The development, publication, and dissemi15 nation of informational materials (in print, visual,

16 electronic, or other media) relating to the programs

17 and services provided under this Act and other mat18 ters of concern to older individuals.

19 ‘‘(c) ETHICS GUIDELINES.—The Assistant Secretary

20 shall establish written guidelines setting forth the criteria

21 to be used in determining whether a gift or donation

22 should be declined under this section because the accept23 ance of the gift or donation would—

24 ‘‘(1) reflect unfavorably upon the ability of the

25 Administration, the Department of Health and
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1 Human Services, or any employee of the Administra2 tion or Department, to carry out responsibilities or

3 official duties under this Act in a fair and objective

4 manner; or

5 ‘‘(2) compromise the integrity or the appear6 ance of integrity of programs or services provided

7 under this Act or of any official involved in those

8 programs or services.’’;

9 (3) in section 205, by striking subsections (c)

10 and (d) and redesignating subsection (e) as sub11 section (c);

12 (4) by redesignating section 215 as section 216;

13 and

14 (5) by inserting after section 214 the following:

15 ‘‘SEC. 215. PENSION COUNSELING AND INFORMATION PRO16 GRAMS.

17 ‘‘(a) DEFINITIONS.—In this section:

18 ‘‘(1) PENSION AND OTHER RETIREMENT BENE19 FITS.—The term ‘pension and other retirement ben20 efits’ means private, civil service, and other public

21 pensions and retirement benefits, including benefits

22 provided under—

23 ‘‘(A) the Social Security program under

24 title II of the Social Security Act (42 U.S.C.

25 401 et seq.);
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1 ‘‘(B) the railroad retirement program

2 under the Railroad Retirement Act of 1974 (45

3 U.S.C. 231 et seq.);

4 ‘‘(C) the government retirement benefits

5 programs under the Civil Service Retirement

6 System set forth in chapter 83 of title 5,

7 United States Code, the Federal Employees Re8 tirement System set forth in chapter 84 of title

9 5, United States Code, or other Federal retire10 ment systems; or

11 ‘‘(D) employee pension benefit plans as de12 fined in section 3(2) of the Employee Retire13 ment Income Security Act of 1974 (29 U.S.C.

14 1002(2)).

15 ‘‘(2) PENSION COUNSELING AND INFORMATION

16 PROGRAM.—The term ‘pension counseling and infor17 mation program’ means a program described in sub18 section (b).

19 ‘‘(b) PROGRAM AUTHORIZED.—The Assistant Sec20 retary shall award grants to eligible entities to establish

21 and carry out pension counseling and information pro22 grams that create or continue a sufficient number of pen23 sion assistance and counseling programs to provide out24 reach, information, counseling, referral, and other assist25 ance regarding pension and other retirement benefits, and
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1 rights related to such benefits, to individuals in the United

2 States.

3 ‘‘(c) ELIGIBLE ENTITIES.—The Assistant Secretary

4 shall award grants under this section to—

5 ‘‘(1) State agencies or area agencies on aging;

6 and

7 ‘‘(2) nonprofit organizations with a proven

8 record of providing—

9 ‘‘(A) services related to retirement of older

10 individuals;

11 ‘‘(B) services to Native Americans; or

12 ‘‘(C) specific pension counseling.

13 ‘‘(d) CITIZEN ADVISORY PANEL.—The Assistant Sec14 retary shall establish a citizen advisory panel to advise the

15 Assistant Secretary regarding which entities should re16 ceive grant awards under this section. Such panel shall

17 include representatives of business, labor, national senior

18 advocates, and national pension rights advocates. The As19 sistant Secretary shall consult such panel prior to award20 ing grants under this section.

21 ‘‘(e) APPLICATION.—To be eligible to receive a grant

22 under this section, an entity shall submit an application

23 to the Assistant Secretary at such time, in such manner,

24 and containing such information as the Assistant Sec25 retary may require, including—
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1 ‘‘(1) a plan to establish a pension counseling

2 and information program that—

3 ‘‘(A) establishes or continues a State or

4 area pension counseling and information pro5 gram;

6 ‘‘(B) serves a specific geographic area;

7 ‘‘(C) provides counseling (including direct

8 counseling and assistance to individuals who

9 need information regarding pension and other

10 retirement benefits) and information that may

11 assist individuals in obtaining, or establishing

12 rights to, and filing claims or complaints re13 garding, pension and other retirement benefits;

14 ‘‘(D) provides information on sources of

15 pension and other retirement benefits;

16 ‘‘(E) establishes a system to make refer17 rals for legal services and other advocacy pro18 grams;

19 ‘‘(F) establishes a system of referral to

20 Federal, State, and local departments or agen21 cies related to pension and other retirement

22 benefits;

23 ‘‘(G) provides a sufficient number of staff

24 positions (including volunteer positions) to en25 sure information, counseling, referral, and as-
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1 sistance regarding pension and other retirement

2 benefits;

3 ‘‘(H) provides training programs for staff

4 members, including volunteer staff members, of

5 pension and other retirement benefits programs;

6 ‘‘(I) makes recommendations to the Ad7 ministration, the Department of Labor and

8 other Federal, State and local agencies con9 cerning issues for older individuals related to

10 pension and other retirement benefits; and

11 ‘‘(J) establishes or continues an outreach

12 program to provide information, counseling, re13 ferral and assistance regarding pension and

14 other retirement benefits, with particular em15 phasis on outreach to women, minorities, older

16 individuals residing in rural areas and low in17 come retirees; and

18 ‘‘(2) an assurance that staff members (includ19 ing volunteer staff members) have no conflict of in20 terest in providing the services described in the plan

21 described in paragraph (1).

22 ‘‘(f) CRITERIA.—The Assistant Secretary shall con23 sider the following criteria in awarding grants under this

24 section:
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1 ‘‘(1) Evidence of a commitment by the entity to

2 carry out a proposed pension counseling and infor3 mation program.

4 ‘‘(2) The ability of the entity to perform effec5 tive outreach to affected populations, particularly

6 populations that are identified in need of special out7 reach.

8 ‘‘(3) Reliable information that the population to

9 be served by the entity has a demonstrable need for

10 the services proposed to be provided under the pro11 gram.

12 ‘‘(4) The ability of the entity to provide services

13 under the program on a statewide or regional basis.

14 ‘‘(g) TRAINING AND TECHNICAL ASSISTANCE PRO15 GRAM.—

16 ‘‘(1) IN GENERAL.—The Assistant Sec17 retary shall award grants to eligible entities to

18 establish training and technical assistance pro19 grams that shall provide information and tech20 nical assistance to the staffs of entities oper21 ating pension counseling and information pro22 grams described in subsection (b), and general

23 assistance to such entities, including assistance

24 in the design of program evaluation tools.
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1 ‘‘(2) ELIGIBLE ENTITIES.—Entities that

2 are eligible to receive a grant under this sub3 section include nonprofit private organizations

4 with a record of providing national information,

5 referral, and advocacy in matters related to

6 pension and other retirement benefits.

7 ‘‘(3) APPLICATION.—To be eligible to re8 ceive a grant under this subsection, an entity

9 shall submit an application to the Assistant

10 Secretary at such time, in such manner, and

11 containing such information as the Assistant

12 Secretary may require.

13 ‘‘(h) PENSION ASSISTANCE HOTLINE AND

14 INTRAGENCY COORDINATION.—

15 ‘‘(1) HOTLINE.—The Assistant Secretary shall

16 enter into agreements with other Federal agencies to

17 establish and administer a national telephone hotline

18 that shall provide information regarding pension and

19 other retirement benefits, and rights related to such

20 benefits.

21 ‘‘(2) CONTENT.—Such hotline described in

22 paragraph (1) shall provide information for individ23 uals seeking outreach, information, counseling, refer24 ral, and assistance regarding pension and other re-
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1 tirement benefits, and rights related to such bene2 fits.

3 ‘‘(3) AGREEMENTS.—The Assistant Secretary

4 may enter into agreements with the Secretary of

5 Labor and the heads of other Federal agencies that

6 regulate the provision of pension and other retire7 ment benefits in order to carry out this subsection.

8 ‘‘(i) REPORT TO CONGRESS.—Not later than 30

9 months after the date of the enactment of this section,

10 the Assistant Secretary shall submit to the Committee on

11 Education and the Workforce of the House of Representa12 tives and the Committee on Health, Education, Labor and

13 Pensions of the Senate a report that—

14 ‘‘(1) summarizes the distribution of funds au15 thorized for grants under this section and the ex16 penditure of such funds;

17 ‘‘(2) summarizes the scope and content of train18 ing and assistance provided under a program carried

19 out under this section and the degree to which the

20 training and assistance can be replicated;

21 ‘‘(3) outlines the problems that individuals par22 ticipating in programs funded under this section en23 countered concerning rights related to pension and

24 other retirement benefits; and
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1 ‘‘(4) makes recommendations regarding the

2 manner in which services provided in programs

3 funded under this section can be incorporated into

4 the ongoing programs of State agencies, area agen5 cies on aging, multipurpose senior centers and other

6 similar entities.

7 ‘‘(j) ADMINISTRATIVE EXPENSES.—Of the funds ap8 propriated under section 216 to carry out this section for

9 a fiscal year, not more than $100,000 may be used by

10 the Administration for administrative expenses.’’.

11 SEC. 203. EVALUATION.

12 Section 206 of the Older Americans Act of 1965 (42

13 U.S.C. 3017) is amended—

14 (1) in subsection (a), by inserting ‘‘and older

15 individuals residing in rural areas’’ after ‘‘low-in16 come minority individuals’’ each place it appears;

17 (2) in subsection (c), by inserting ‘‘, older indi18 viduals residing in rural areas’’ after ‘‘minority indi19 viduals’’;

20 (3) by striking subsection (g); and

21 (4) by redesignating subsection (h) as sub22 section (g).

23 SEC. 204. REPORTS.

24 Section 207 of the Older Americans Act of 1965 (42

25 U.S.C. 3018) is amended—
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1 (1) in subsection (a)(4), by inserting ‘‘older in2 dividuals residing in rural areas,’’ after ‘‘low-income

3 minority individuals,’’; and

4 (2) in subsection (c)(5) by inserting ‘‘and older

5 individuals residing in rural areas’’ after ‘‘low-in6 come minority individuals’’ each place it appears.

7 SEC. 205. AUTHORIZATION OF APPROPRIATIONS.

8 Section 216 of the Older Americans Act of 1965 (42

9 U.S.C. 3020f) (as redesignated by section 202) is

10 amended—

11 (1) in subsection (a)—

12 (A) by striking ‘‘(a) ADMINISTRATION.—’’

13 and inserting ‘‘(a) IN GENERAL.—’’;

14 (B) by striking ‘‘1992’’ and all that follows

15 through the period and inserting ‘‘2001, 2002,

16 2003, 2004, and 2005’’; and

17 (C) by inserting ‘‘administration, salaries,

18 and expenses of’’ after ‘‘appropriated for’’; and

19 (2) by striking subsection (b) and inserting the

20 following:

21 ‘‘(b) ELDERCARE LOCATOR SERVICE.—There are au22 thorized to be appropriated to carry out section

23 202(a)(24) (relating to the National Eldercare Locator

24 Service) such sums as may be necessary for fiscal year
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1 2001, and such sums as may be necessary for each of the

2 4 succeeding fiscal years.

3 ‘‘(c) PENSION COUNSELING AND INFORMATION PRO4 GRAMS.—There are authorized to be appropriated to carry

5 out section 215, such sums as may be necessary for fiscal

6 year 2001 and for each of the 4 succeeding fiscal years.’’.

7 Subtitle B—Amendments to the

8 Older Americans Act Amend9 ments of 1987

10 SEC. 211. WHITE HOUSE CONFERENCE.

11 Title II of the Older Americans Act Amendments of

12 1987 (42 U.S.C. 3001 note) is amended—

13 (1) by striking section 201;

14 (2) by redesignating sections 202, 203, 204,

15 205, 206, and 207, as sections 201, 202, 203, 204,

16 205, and 206, respectively;

17 (3) in section 201 (as redesignated by para18 graph (2))—

19 (A) by striking subsections (a), (b), and (c)

20 and inserting the following:

21 ‘‘(a) AUTHORITY TO CALL CONFERENCE.—Not later

22 than December 31, 2005, the President shall convene the

23 White House Conference on Aging in order to fulfill the

24 purpose set forth in subsection (c) and to make funda25 mental policy recommendations regarding programs that
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1 are important to older individuals and to the families and

2 communities of such individuals.

3 ‘‘(b) PLANNING AND DIRECTION.—The Conference

4 described in subsection (a) shall be planned and conducted

5 under the direction of the Secretary, in cooperation with

6 the Assistant Secretary for Aging, the Director of the Na7 tional Institute on Aging, the Administrator of the Health

8 Care Financing Administration, the Social Security Ad9 ministrator, and the heads of such other Federal agencies

10 serving older individuals as are appropriate. Planning and

11 conducting the Conference includes the assignment of per12 sonnel.

13 ‘‘(c) PURPOSE.—The purpose of the Conference de14 scribed in subsection (a) shall be to gather individuals rep15 resenting the spectrum of thought and experience in the

16 field of aging to—

17 ‘‘(1) evaluate the manner in which the objec18 tives of this Act can be met by using the resources

19 and talents of older individuals, of families and com20 munities of such individuals, and of individuals from

21 the public and private sectors;

22 ‘‘(2) evaluate the manner in which national

23 policies that are related to economic security and

24 health care are prepared so that such policies serve

25 individuals born from 1946 to 1964 and later, as the
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1 individuals become older individuals, including an

2 examination of the Social Security, medicare, and

3 medicaid programs carried out under titles II,

4 XVIII, and XIX of the Social Security Act (42

5 U.S.C. 401 et seq., 1395 et seq., and 1396 et seq.)

6 in relation to providing services under this Act, and

7 determine how well such policies respond to the

8 needs of older individuals; and

9 ‘‘(3) develop not more than 50 recommenda10 tions to guide the President, Congress, and Federal

11 agencies in serving older individuals.’’; and

12 (B) in subsection (d)(2), by striking ‘‘and

13 individuals from low-income families.’’ and in14 serting ‘‘individuals from low-income families,

15 representatives of Federal, State, and local gov16 ernments, and individuals from rural areas. A

17 majority of such delegates shall be age 55 or

18 older.’’;

19 (4) in section 202 (as redesignated by para20 graph (2))—

21 (A) in subsection (a)—

22 (i) by striking paragraph (3); and

23 (ii) by redesignating paragraphs (4),

24 (5), and (6) as paragraphs (3), (4), and

25 (5), respectively;
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1 (B) in subsection (b)—

2 (i) by striking paragraph (1);

3 (ii) by redesignating paragraphs (2),

4 (3), (4), and (5) as paragraphs (1), (2),

5 (3), and (4) respectively;

6 (iii) in paragraph (1) (as redesignated

7 by clause (ii))—

8 (I) by striking ‘‘subsection

9 (a)(4)’’ and inserting ‘‘subsection

10 (a)(3)’’; and

11 (II) by striking ‘‘regarding such

12 agenda,’’ and inserting ‘‘regarding

13 such agenda, and’’; and

14 (iv) in paragraph (2) (as redesignated

15 by clause (ii)), by striking ‘‘subsection

16 (a)(6)’’ and inserting ‘‘subsection (a)(5)’’;

17 and

18 (C) in subsection (c), by adding at the end

19 ‘‘Gifts may be earmarked by the donor or the

20 executive committee for a specific purpose.’’;

21 (5) in section 203(a) (as redesignated by para22 graph (2))—

23 (A) by striking paragraph (1) and insert24 ing the following:
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1 ‘‘(1) ESTABLISHMENT.—There is established a

2 Policy Committee comprised of 17 members to be se3 lected, not later than 2 years prior to the date on

4 which the Conference convenes, as follows:

5 ‘‘(A) PRESIDENTIAL APPOINTEES.—Nine

6 members shall be selected by the President and

7 shall include—

8 ‘‘(i) 3 members who are officers or

9 employees of the United States; and

10 ‘‘(ii) 6 members with experience in the

11 field of aging, including providers and con12 sumers of aging services.

13 ‘‘(B) HOUSE APPOINTEES.—Two members

14 shall be selected by the Speaker of the House

15 of Representatives, after consultation with the

16 Committee on Education and the Workforce

17 and the Committee on Ways and Means of the

18 House of Representatives, and 2 members shall

19 be selected by the Minority Leader of the

20 House of Representatives, after consultation

21 with such committees.

22 ‘‘(C) SENATE APPOINTEES.—Two mem23 bers shall be selected by the Majority Leader of

24 the Senate, after consultation with members of

25 the Committee on Health, Education, Labor,
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1 and Pensions and the Special Committee on

2 Aging of the Senate, and 2 members shall be

3 selected by the Minority Leader of the Senate,

4 after consultation with members of such com5 mittees.’’;

6 (B) in paragraph (2)—

7 (i) in subparagraph (B), by striking

8 ‘‘Committee’’ and inserting ‘‘Committee

9 for the Secretary’’; and

10 (ii) by striking subparagraphs (D)

11 and (E) and inserting the following:

12 ‘‘(D) establish the number of delegates to

13 be selected under section 201(d)(2);

14 ‘‘(E) establish an executive committee con15 sisting of 3 to 5 members, with a majority of

16 such members being age 55 or older, to work

17 with Conference staff; and

18 ‘‘(F) establish other committees as needed

19 that have a majority of members who are age

20 55 or older.’’; and

21 (C) by striking paragraph (3) and insert22 ing the following:

23 ‘‘(3) VOTING; CHAIRPERSON.—

24 ‘‘(A) VOTING.—The Policy Committee

25 shall act by the vote of a majority of the mem-
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1 bers present. A quorum of Committee members

2 shall not be required to conduct Committee

3 business.

4 ‘‘(B) CHAIRPERSON.—The President shall

5 select the chairperson from among the members

6 of the Policy Committee. The chairperson may

7 vote only to break a tie vote of the other mem8 bers of the Policy Committee.’’;

9 (6) by striking section 204 (as redesignated by

10 paragraph (2)) and inserting the following:

11 ‘‘SEC. 204. REPORT OF THE CONFERENCE.

12 ‘‘(a) PRELIMINARY REPORT.—Not later than 100

13 days after the date on which the Conference adjourns, the

14 Policy Committee shall publish and deliver to the chief ex15 ecutive officers of the States a preliminary report on the

16 Conference. Comments on the preliminary report of the

17 Conference shall be accepted by the Policy Committee.

18 ‘‘(b) FINAL REPORT.—Not later than 6 months after

19 the date on which the Conference adjourns, the Policy

20 Committee shall publish and transmit to the President and

21 to Congress recommendations resulting from the Con22 ference and suggestions for any administrative action and

23 legislation necessary to implement the recommendations

24 contained within the report.’’; and
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1 (7) in section 206 (as redesignated by para2 graph (2))—

3 (A) in subsection (a), by striking para4 graph (1) and inserting the following:

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

6 appropriated to carry out this section—

7 ‘‘(A) such sums as may be necessary for

8 the first fiscal year in which the Policy Com9 mittee plans the Conference and for the fol10 lowing fiscal year; and

11 ‘‘(B) such sums as may be necessary for

12 the fiscal year in which the Conference is

13 held.’’; and

14 (B) in subsection (b)—

15 (i) in paragraph (1), by striking ‘‘sec16 tion 203(c)’’ and inserting ‘‘section

17 202(c)’’; and

18 (ii) in paragraph (3), by striking ‘‘De19 cember 31, 1995’’ and inserting ‘‘Decem20 ber 31, 2005’’.
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1 TITLE III—AMENDMENTS TO

2 TITLE III OF THE OLDER

3 AMERICANS ACT OF 1965

4 SEC. 301. PURPOSE.

5 Section 301 of the Older Americans Act of 1965 (42

6 U.S.C. 3021) is amended by adding at the end the fol7 lowing:

8 ‘‘(d)(1) Any funds received under an allotment as de9 scribed in section 304(a), or funds contributed toward the

10 non-Federal share under section 304(d), shall be used only

11 for activities and services to benefit older individuals and

12 other individuals as specifically provided for in this title.

13 ‘‘(2) No provision of this title shall be construed as

14 prohibiting a State agency or area agency on aging from

15 providing services by using funds from sources not de16 scribed in paragraph (1).’’.

17 SEC. 302. AUTHORIZATION OF APPROPRIATIONS.

18 Section 303 of the Older Americans Act of 1965 (42

19 U.S.C 3023) is amended—

20 (1) by striking subsection (a)(1) and inserting

21 the following:

22 ‘‘(a)(1) There are authorized to be appropriated to

23 carry out part B (relating to supportive services) such

24 sums as may be necessary for fiscal year 2001, and such
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1 sums as may be necessary for each of the 4 succeeding

2 fiscal years.’’;

3 (2) by striking subsection (b) and inserting the

4 following:

5 ‘‘(b)(1) There are authorized to be appropriated to

6 carry out subpart 1 of part C (relating to congregate nu7 trition services) such sums as may be necessary for fiscal

8 year 2001, and such sums as may be necessary for each

9 of the 4 succeeding fiscal years.

10 ‘‘(2) There are authorized to be appropriated to carry

11 out subpart 2 of part C (relating to home delivered nutri12 tion services) such sums as may be necessary for fiscal

13 year 2001, and such sums as may be necessary for each

14 of the 4 succeeding fiscal years.’’; and

15 (3) by striking subsections (d) through (g) and

16 inserting the following:

17 ‘‘(d) There are authorized to be appropriated to carry

18 out part D (relating to disease prevention and health pro19 motion services) such sums as may be necessary for fiscal

20 year 2001, and such sums as may be necessary for each

21 of the 4 succeeding fiscal years.

22 ‘‘(e)(1) There are authorized to be appropriated to

23 carry out part E (relating to family caregiver support)

24 $125,000,000 for fiscal year 2001 if the aggregate amount

25 appropriated under subsection (a)(1) (relating to part B,
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1 supportive services), paragraphs (1) (relating to subpart

2 1 of part C, congregate nutrition services) and (2) (relat3 ing to subpart 2 of part C, home delivered nutrition serv4 ices) of subsection (b), and (d) (relating to part D, disease

5 prevention and health promotion services) of this section

6 for fiscal year 2001 is not less than the aggregate amount

7 appropriated under subsection (a)(1), paragraphs (1) and

8 (2) of subsection (b), and subsection (d) of section 303

9 of the Older Americans Act of 1965 for fiscal year 2000.

10 ‘‘(2) There are authorized to be appropriated to carry

11 out part E (relating to family caregiver support) such

12 sums as may be necessary for each of the 4 succeeding

13 fiscal years.

14 ‘‘(3) Of the funds appropriated under paragraphs (1)

15 and (2)—

16 ‘‘(A) 4 percent of such funds shall be reserved

17 to carry out activities described in section 375; and

18 ‘‘(B) 1 percent of such funds shall be reserved

19 to carry out activities described in section 376.’’.

20 SEC. 303. ALLOTMENT; FEDERAL SHARE.

21 (a) IN GENERAL.—Section 304 of the Older Ameri22 cans Act of 1965 (42 U.S.C. 3024) is amended by striking

23 subsection (a) and inserting the following:

24 ‘‘(a)(1) From the sums appropriated under sub25 sections (a) through (d) of section 303 for each fiscal year,
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1 each State shall be allotted an amount which bears the

2 same ratio to such sums as the population of older individ3 uals in such State bears to the population of older individ4 uals in all States.

5 ‘‘(2) In determining the amounts allotted to States

6 from the sums appropriated under section 303 for a fiscal

7 year, the Assistant Secretary shall first determine the

8 amount allotted to each State under paragraph (1) and

9 then proportionately adjust such amounts, if necessary, to

10 meet the requirements of paragraph (3).

‘‘(3)(A) No State shall be allotted less than 1 11 ⁄2 of 1

12 percent of the sum appropriated for the fiscal year for

13 which the determination is made.

14 ‘‘(B) Guam and the United States Virgin Islands

shall each be allotted not less than 1 15 ⁄4 of 1 percent of the

16 sum appropriated for the fiscal year for which the deter17 mination is made.

18 ‘‘(C) American Samoa and the Commonwealth of the

19 Northern Mariana Islands shall each be allotted not less

than 1 20 ⁄16 of 1 percent of the sum appropriated for the fis21 cal year for which the determination is made. For the pur22 poses of the exception contained in subparagraph (A) only,

23 the term ‘‘State’’ does not include Guam, American

24 Samoa, the United States Virgin Islands, and the Com25 monwealth of the Northern Mariana Islands.
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1 ‘‘(D) No State shall be allotted less than the total

2 amount allotted to the State for fiscal year 2000 and no

3 State shall receive a percentage increase above the fiscal

4 year 2000 allotment that is less than 20 percent of the

5 percentage increase above the fiscal year 2000 allotments

6 for all of the States.

7 ‘‘(4) The number of individuals aged 60 or older in

8 any State and in all States shall be determined by the

9 Assistant Secretary on the basis of the most recent data

10 available from the Bureau of the Census, and other reli11 able demographic data satisfactory to the Assistant Sec12 retary.

13 ‘‘(5) State allotments for a fiscal year under this sec14 tion shall be proportionally reduced to the extent that ap15 propriations may be insufficient to provide the full allot16 ments of the prior year.’’.

17 (b) AVAILABILITY OF FUNDS FOR REALLOTMENT.—

18 Section 304(b) of the Older Americans Act of 1965 (42

19 U.S.C. 3024(b)) is amended in the first sentence by strik20 ing ‘‘part B or C’’ and inserting ‘‘part B or C, or subpart

21 1 of part E,’’.

22 SEC. 304. ORGANIZATION.

23 Section 305(a) of the Older Americans Act of 1965

24 (42 U.S.C. 3025(a)) is amended by—
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1 (1) in paragraph (1)(E), by inserting ‘‘and

2 older individuals residing in rural areas’’ after ‘‘low3 income minority individuals’’ each place it appears;

4 and

5 (2) in paragraph (2)—

6 (A) in subparagraph (E) by striking ‘‘,’’

7 and inserting ‘‘and older individuals residing in

8 rural areas,’’ after ‘‘low-income minority indi9 viduals’’;

10 (B) in subparagraph (G)(i) by inserting

11 ‘‘and older individuals residing in rural areas’’

12 after ‘‘low-income minority older individuals’’;

13 and

14 (C) in subparagraph (G)(ii) by inserting

15 ‘‘and older individuals residing in rural areas’’

16 after ‘‘low-income minority individuals’’.

17 SEC. 305. AREA PLANS.

18 (a) IN GENERAL.—Section 306(a) of the Older Amer19 icans Act of 1965 (42 U.S.C. 3026(a)) is amended—

20 (1) in paragraph (1), by inserting ‘‘and older

21 individuals residing in rural areas’’ after ‘‘low-in22 come minority individuals’’ in each place it appears;

23 (2) in paragraph (2)—
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1 (A) in the matter preceding subparagraph

2 (A), by striking ‘‘section 307(a)(22)’’ and in3 serting ‘‘section 307(a)(2)’’;

4 (B) in subparagraph (B), by striking

5 ‘‘services (homemaker’’ and all that follows

6 through ‘‘maintenance, and’’ and inserting

7 ‘‘services, including’’; and

8 (C) in the matter following subparagraph

9 (C), by striking ‘‘and specify annually in such

10 plan, as submitted or as amended,’’ and insert11 ing ‘‘and assurances that the area agency on

12 aging will report annually to the State agency’’;

13 (3) in paragraph (3)(A), by striking ‘‘paragraph

14 (6)(E)(ii)’’ and inserting ‘‘paragraph (6)(C)’’;

15 (4)(A) by striking paragraph (4); and

16 (B) by redesignating paragraph (5) as para17 graph (4);

18 (5) in paragraph (4)(A)(i) (as redesignated) by

19 inserting ‘‘and older individuals residing in rural

20 areas’’ after ‘‘low-income minority individuals’’;

21 (6) in paragraph (4)(A)(ii) (as redesignated) by

22 inserting ‘‘and older individuals residing in rural

23 areas’’ after ‘‘low-income minority individuals’’ each

24 place it appears;
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1 (7) in paragraph (4)(B)(i) (as redesignated) by

2 inserting ‘‘and older individuals residing in rural

3 areas’’ after ‘‘low-income minority individuals’’ each

4 place it appears;

5 (8) in paragraph (4)(C) (as redesignated) by in6 serting ‘‘and older individuals residing in rural

7 areas’’ after ‘‘low-income minority older individuals’’;

8 (9) by inserting after paragraph (4) (as redesig9 nated by paragraph (3)) the following:

10 ‘‘(5) provide assurances that the area agency on

11 aging will coordinate planning, identification, assess12 ment of needs, and provision of services for older in13 dividuals with disabilities, with particular attention

14 to individuals with severe disabilities, with agencies

15 that develop or provide services for individuals with

16 disabilities;’’;

17 (10) in paragraph (6)—

18 (A) by striking subparagraphs (A), (B),

19 (G), (I), (J), (K), (L), (O), (P), (Q), (R), and

20 (S);

21 (B) by redesignating subparagraphs (C),

22 (D), (E), (F), (H), (M), and (N) as subpara23 graphs (A), (B), (C), (D), (E), (F), and (G),

24 respectively;
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1 (C) in subparagraph (C) (as redesignated

2 by subparagraph (B)), by striking ‘‘or adults’’

3 and inserting ‘‘, assistance to older individuals

4 caring for relatives who are children’’;

5 (D) in subparagraph (D) (as redesignated

6 by subparagraph (B)), by inserting ‘‘and older

7 individuals residing in rural areas’’ after ‘‘mi8 nority individuals’’; and

9 (E) in subparagraph (F) (as redesignated

10 by subparagraph (B)), by adding ‘‘and’’ after

11 the semicolon;

12 (11) by striking paragraphs (7) through (13)

13 and inserting the following:

14 ‘‘(7) provide that the area agency on aging will

15 facilitate the coordination of community-based, long16 term care services designed to enable older individ17 uals to remain in their homes, by means including—

18 ‘‘(A) development of case management

19 services as a component of the long-term care

20 services, consistent with the requirements of

21 paragraph (8);

22 ‘‘(B) involvement of long-term care pro23 viders in the coordination of such services; and
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1 ‘‘(C) increasing community awareness of

2 and involvement in addressing the needs of resi3 dents of long-term care facilities;

4 ‘‘(8) provide that case management services

5 provided under this title through the area agency on

6 aging will—

7 ‘‘(A) not duplicate case management serv8 ices provided through other Federal and State

9 programs;

10 ‘‘(B) be coordinated with services described

11 in subparagraph (A); and

12 ‘‘(C) be provided by a public agency or a

13 nonprofit private agency that—

14 ‘‘(i) gives each older individual seek15 ing services under this title a list of agen16 cies that provide similar services within the

17 jurisdiction of the area agency on aging;

18 ‘‘(ii) gives each individual described in

19 clause (i) a statement specifying that the

20 individual has a right to make an inde21 pendent choice of service providers and

22 documents receipt by such individual of

23 such statement;

24 ‘‘(iii) has case managers acting as

25 agents for the individuals receiving the
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1 services and not as promoters for the agen2 cy providing such services; or

3 ‘‘(iv) is located in a rural area and ob4 tains a waiver of the requirements de5 scribed in clauses (i) through (iii);

6 ‘‘(9) provide assurances that the area agency on

7 aging, in carrying out the State Long-Term Care

8 Ombudsman program under section 307(a)(9), will

9 expend not less than the total amount of funds ap10 propriated under this Act and expended by the agen11 cy in fiscal year 2000 in carrying out such a pro12 gram under this title;

13 ‘‘(10) provide a grievance procedure for older

14 individuals who are dissatisfied with or denied serv15 ices under this title;

16 ‘‘(11) provide information and assurances con17 cerning services to older individuals who are Native

18 Americans (referred to in this paragraph as ‘older

19 Native Americans’), including—

20 ‘‘(A) information concerning whether there

21 is a significant population of older Native

22 Americans in the planning and service area and

23 if so, an assurance that the area agency on

24 aging will pursue activities, including outreach,

25 to increase access of those older Native Ameri-
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1 cans to programs and benefits provided under

2 this title;

3 ‘‘(B) an assurance that the area agency on

4 aging will, to the maximum extent practicable,

5 coordinate the services the agency provides

6 under this title with services provided under

7 title VI; and

8 ‘‘(C) an assurance that the area agency on

9 aging will make services under the area plan

10 available, to the same extent as such services

11 are available to older individuals within the

12 planning and service area, to older Native

13 Americans; and

14 ‘‘(12) provide that the area agency on aging

15 will establish procedures for coordination of services

16 with entities conducting other Federal or federally

17 assisted programs for older individuals at the local

18 level, with particular emphasis on entities conducting

19 programs described in section 203(b) within the

20 planning and service area.’’;

21 (12) by redesignating paragraph (14) as para22 graph (13);

23 (13) by inserting after paragraph (13) (as re24 designated by paragraph (7)) the following:
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1 ‘‘(14) provide assurances that funds received

2 under this title will not be used to pay any part of

3 a cost (including an administrative cost) incurred by

4 the area agency on aging to carry out a contract or

5 commercial relationship that is not carried out to

6 implement this title; and

7 ‘‘(15) provide assurances that preference in re8 ceiving services under this title will not be given by

9 the area agency on aging to particular older individ10 uals as a result of a contract or commercial relation11 ship that is not carried out to implement this title.’’;

12 and

13 (14) by striking paragraphs (17) through (20).

14 (b) WAIVERS.—Section 306(b) of the Older Ameri15 cans Act of 1965 (42 U.S.C. 3026(b)) is amended—

16 (1) in paragraph (1), by striking ‘‘(1)’’ and in17 serting before the period ‘‘and had conducted a

18 timely public hearing upon request’’; and

19 (2) by striking paragraph (2).

20 SEC. 306. STATE PLANS.

21 Section 307(a) of the Older Americans Act of 1965

22 (42 U.S.C. 3027(a)) is amended—

23 (1) by striking paragraphs (1) through (5) and

24 inserting the following:

25 ‘‘(1) The plan shall—
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1 ‘‘(A) require each area agency on aging

2 designated under section 305(a)(2)(A) to de3 velop and submit to the State agency for ap4 proval, in accordance with a uniform format de5 veloped by the State agency, an area plan meet6 ing the requirements of section 306; and

7 ‘‘(B) be based on such area plans.

8 ‘‘(2) The plan shall provide that the State agen9 cy will—

10 ‘‘(A) evaluate, using uniform procedures

11 described in section 202(a)(29), the need for

12 supportive services (including legal assistance

13 pursuant to 307(a)(11), information and assist14 ance, and transportation services), nutrition

15 services, and multipurpose senior centers within

16 the State;

17 ‘‘(B) develop a standardized process to de18 termine the extent to which public or private

19 programs and resources (including volunteers

20 and programs and services of voluntary organi21 zations) that have the capacity and actually

22 meet such need; and

23 ‘‘(C) specify a minimum proportion of the

24 funds received by each area agency on aging in

25 the State to carry out part B that will be ex-
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1 pended (in the absence of a waiver under sec2 tions 306(b) or 316) by such area agency on

3 aging to provide each of the categories of serv4 ices specified in section 306(a)(2).

5 ‘‘(3) The plan shall—

6 ‘‘(A) include (and may not be approved un7 less the Assistant Secretary approves) the state8 ment and demonstration required by para9 graphs (2) and (4) of section 305(d) (con10 cerning intrastate distribution of funds); and

11 ‘‘(B) with respect to services for older indi12 viduals residing in rural areas—

13 ‘‘(i) provide assurances that the State

14 agency will spend for each fiscal year, not

15 less than the amount expended for such

16 services for fiscal year 2000;

17 ‘‘(ii) identify, for each fiscal year to

18 which the plan applies, the projected costs

19 of providing such services (including the

20 cost of providing access to such services);

21 and

22 ‘‘(iii) describe the methods used to

23 meet the needs for such services in the fis24 cal year preceding the first year to which

25 such plan applies.
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1 ‘‘(4) The plan shall provide that the State agen2 cy will conduct periodic evaluations of, and public

3 hearings on, activities and projects carried out in the

4 State under this title and title VII, including evalua5 tions of the effectiveness of services provided to indi6 viduals with greatest economic need, greatest social

7 need, or disabilities, with particular attention to low8 income minority individuals and older individuals re9 siding in rural areas.

10 ‘‘(5) The plan shall provide that the State agen11 cy will—

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

13 upon request, in accordance with published pro14 cedures, to any area agency on aging submit15 ting a plan under this title, to any provider of

16 (or applicant to provide) services;

17 ‘‘(B) issue guidelines applicable to griev18 ance procedures required by section 306(a)(10);

19 and

20 ‘‘(C) afford an opportunity for a public

21 hearing, upon request, by any area agency on

22 aging, by any provider of (or applicant to pro23 vide) services, or by any recipient of services

24 under this title regarding any waiver request,

25 including those under section 316.’’;
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1 (2) in paragraph (7), by striking subparagraph

2 (C);

3 (3) by striking paragraphs (8) and (9) and in4 serting the following:

5 ‘‘(8)(A) The plan shall provide that no sup6 portive services, nutrition services, or in-home serv7 ices will be directly provided by the State agency or

8 an area agency on aging in the State, unless, in the

9 judgment of the State agency—

10 ‘‘(i) provision of such services by the State

11 agency or the area agency on aging is necessary

12 to assure an adequate supply of such services;

13 ‘‘(ii) such services are directly related to

14 such State agency’s or area agency on aging’s

15 administrative functions; or

16 ‘‘(iii) such services can be provided more

17 economically, and with comparable quality, by

18 such State agency or area agency on aging.

19 ‘‘(B) Regarding case management services, if

20 the State agency or area agency on aging is already

21 providing case management services (as of the date

22 of submission of the plan) under a State program,

23 the plan may specify that such agency is allowed to

24 continue to provide case management services.
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1 ‘‘(C) The plan may specify that an area agency

2 on aging is allowed to directly provide information

3 and assistance services and outreach.

4 ‘‘(9) The plan shall provide assurances that the

5 State agency will carry out, through the Office of

6 the State Long-Term Care Ombudsman, a State

7 Long-Term Care Ombudsman program in accord8 ance with section 712 and this title, and will expend

9 for such purpose an amount that is not less than an

10 amount expended by the State agency with funds re11 ceived under this title for fiscal year 2000, and an

12 amount that is not less than the amount expended

13 by the State agency with funds received under title

14 VII for fiscal year 2000.’’;

15 (4) by striking paragraph (10) and inserting

16 the following:

17 ‘‘(10) The plan shall provide assurances that

18 the special needs of older individuals residing in

19 rural areas will be taken into consideration and shall

20 describe how those needs have been met and de21 scribe how funds have been allocated to meet those

22 needs.’’;

23 (5) by striking paragraphs (11), (12), (13), and

24 (14);
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1 (6) by redesignating paragraphs (15) and (16)

2 as paragraphs (11) and (12), respectively;

3 (7) by striking paragraph (17);

4 (8) by redesignating paragraph (18) as para5 graph (13);

6 (9) by striking paragraph (19);

7 (10) by redesignating paragraph (20) as para8 graph (14);

9 (11) by striking paragraphs (21) and (22);

10 (12) by redesignating paragraphs (23), (24),

11 (25), and (26) as paragraphs (15), (16), (17), and

12 (18), respectively;

13 (13) in paragraph (16) (as redesignated by

14 paragraph (12)), by inserting ‘‘and older individuals

15 residing in rural areas’’ after ‘‘low-income minority

16 individuals’’ each place it appears;

17 (14) in paragraph (17) (as redesignated by

18 paragraph (12)), by inserting ‘‘to enhance services’’

19 before ‘‘and develop collaborative programs’’;

20 (15) in paragraph (18) (as redesignated by

21 paragraph (12)), by striking ‘‘section 306(a)(6)(I)’’

22 and inserting ‘‘section 306(a)(7)’’;

23 (16) by striking paragraphs (27), (28), (29),

24 and (31);
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1 (17) by redesignating paragraphs (30) and (32)

2 as paragraphs (19) and (20), respectively;

3 (18) by striking paragraphs (33), (34), and

4 (35) and inserting the following:

5 ‘‘(21) The plan shall—

6 ‘‘(A) provide an assurance that the State

7 agency will coordinate programs under this title

8 and programs under title VI, if applicable; and

9 ‘‘(B) provide an assurance that the State

10 agency will pursue activities to increase access

11 by older individuals who are Native Americans

12 to all aging programs and benefits provided by

13 the agency, including programs and benefits

14 provided under this title, if applicable, and

15 specify the ways in which the State agency in16 tends to implement the activities.’’;

17 (19) by redesignating paragraph (36) as para18 graph (22);

19 (20) by striking paragraphs (37), (38), (39),

20 (40), and (43);

21 (21) by redesignating paragraphs (41), (42),

22 and (44) as paragraphs (23), (24), and (25), respec23 tively; and

24 (22) by adding at the end the following:
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1 ‘‘(26) The plan shall provide assurances that

2 funds received under this title will not be used to

3 pay any part of a cost (including an administrative

4 cost) incurred by the State agency or an area agency

5 on aging to carry out a contract or commercial rela6 tionship that is not carried out to implement this

7 title.’’.

8 SEC. 307. PLANNING, COORDINATION, EVALUATION, AND

9 ADMINISTRATION OF STATE PLANS.

10 Section 308(b) of the Older Americans Act of 1965

11 (42 U.S.C. 3028(b)) is amended—

12 (1) in paragraph (4)—

13 (A) in subparagraph (A)—

14 (i) by striking ‘‘in its plan under sec15 tion 307(a)(13) regarding Part C of this

16 title,’’; and

17 (ii) by striking ‘‘30 percent’’ and in18 serting ‘‘40 percent’’;

19 (B) in subparagraph (B)—

20 (i) by striking ‘‘for fiscal year 1993,

21 1994, 1995, or 1996’’ and inserting ‘‘for

22 any fiscal year’’; and

23 (ii) by striking ‘‘to satisfy such

24 need—’’ and all that follows and inserting

25 ‘‘to satisfy such need an additional 10 per-
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1 cent of the funds so received by a State

2 and attributable to funds appropriated

3 under paragraph (1) or (2) of section

4 303(b).’’; and

5 (C) by adding at the end the following:

6 ‘‘(C) A State’s request for a waiver under subpara7 graph (B) shall—

8 ‘‘(i) be not more than 1 page in length;

9 ‘‘(ii) include a request that the waiver be grant10 ed;

11 ‘‘(iii) specify the amount of the funds received

12 by a State and attributable to funds appropriated

13 under paragraph (1) or (2) of section 303(b), over

14 the permissible 40 percent referred to in subpara15 graph (A), that the State requires to satisfy the

16 need for services under subpart 1 or 2 of part C;

17 and

18 ‘‘(iv) not include a request for a waiver with re19 spect to an amount if the transfer of the amount

20 would jeopardize the appropriate provision of serv21 ices under subpart 1 or 2 of part C.’’; and

22 (2) by striking paragraph (5) and inserting the

23 following:

24 ‘‘(5)(A)Notwithstanding any other provision of this

25 title, of the funds received by a State attributable to funds
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1 appropriated under subsection (a)(1), and paragraphs (1)

2 and (2) of subsection (b), of section 303, the State may

3 elect to transfer not more than 30 percent for any fiscal

4 year between programs under part B and part C, for use

5 as the State considers appropriate. The State shall notify

6 the Assistant Secretary of any such election.

7 ‘‘(B) At a minimum, the notification described in

8 subparagraph (A) shall include a description of the

9 amount to be transferred, the purposes of the transfer,

10 the need for the transfer, and the impact of the transfer

11 on the provision of services from which the funding will

12 be transferred.’’.

13 SEC. 308. AVAILABILITY OF DISASTER RELIEF FUNDS TO

14 TRIBAL ORGANIZATIONS.

15 Section 310 of the Older Americans Act of 1965 (42

16 U.S.C. 3030) is amended—

17 (1) in subsection (a)—

18 (A) in paragraph (1)—

19 (i) by inserting ‘‘(or to any tribal or20 ganization receiving a grant under title

21 VI)’’ after ‘‘any State’’; and

22 (ii) by inserting ‘‘(or funds used by

23 such tribal organization)’’ before ‘‘for the

24 delivery of supportive services’’;
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1 (B) in paragraph (2), by inserting ‘‘and

2 such tribal organizations’’ after ‘‘States’’; and

3 (C) in paragraph (3), by inserting ‘‘or such

4 tribal organization’’ after ‘‘State’’ each place it

5 appears; and

6 (2) in subsections (b)(1) and (c), by inserting

7 ‘‘and such tribal organizations’’ after ‘‘States’’.

8 SEC. 309. NUTRITION SERVICES INCENTIVE PROGRAM.

9 Section 311 of the Older Americans Act of 1965 (42

10 U.S.C. 3030a) is amended—

11 (1) in the section heading, by striking ‘‘AVAIL12 ABILITY OF SURPLUS COMMODITIES’’ and inserting

13 ‘‘NUTRITION SERVICES INCENTIVE PROGRAM’’;

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

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

17 (3) by inserting before subsection (c) (as redes18 ignated by paragraph (2)) the following:

19 ‘‘(a) The purpose of this section is to provide incen20 tives to encourage and reward effective performance by

21 States and tribal organizations in the efficient delivery of

22 nutritious meals to older individuals.

23 ‘‘(b)(1) The Secretary of Agriculture shall allot and

24 provide in the form of cash or commodities or a combina25 tion thereof (at the discretion of the State) to each State
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1 agency with a plan approved under this title for a fiscal

2 year, and to each grantee with an application approved

3 under title VI for such fiscal year, an amount bearing the

4 same ratio to the total amount appropriated for such fiscal

5 year under subsection (e) as the number of meals served

6 in the State under such plan approved for the preceding

7 fiscal year (or the number of meals served by the title VI

8 grantee, under such application approved for such pre9 ceding fiscal year), bears to the total number of such

10 meals served in all States and by all title VI grantees

11 under all such plans and applications approved for such

12 preceding fiscal year.

13 ‘‘(2) For purposes of paragraph (1), in the case of

14 a grantee that has an application approved under title VI

15 for a fiscal year but that did not receive assistance under

16 this section for the preceding fiscal year, the number of

17 meals served by the title VI grantee for the preceding fis18 cal year shall be deemed to equal the number of meals

19 that the Assistant Secretary estimates will be served by

20 the title VI grantee in the fiscal year for which the applica21 tion was approved.’’;

22 (4) in subsection (c) (as redesignated by para23 graph (2)), by striking paragraph (4);

24 (5) in subsection (d) (as redesignated by para25 graph (2)), by striking ‘‘Notwithstanding’’ through
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1 ‘‘election’’ and inserting ‘‘In any case in which a

2 State elects to receive cash payments,’’;

3 (6) in subsection (d) (as redesignated by para4 graph (2)), by adding at the end the following:

5 ‘‘(4) Among the commodities delivered under sub6 section (c), the Secretary of Agriculture shall give special

7 emphasis to high protein foods. The Secretary of Agri8 culture, in consultation with the Assistant Secretary, is

9 authorized to prescribe the terms and conditions respect10 ing the donating of commodities under this subsection.’’;

11 and

12 (7) by striking subsection (e) (as redesignated

13 by paragraph (2)) and inserting the following:

14 ‘‘(e) There are authorized to be appropriated to carry

15 out this section (other than subsection (c)(1)) such sums

16 as may be necessary for fiscal year 2001 and such sums

17 as may be necessary for each of the 4 succeeding fiscal

18 years.’’.

19 SEC. 310. CONSUMER CONTRIBUTIONS AND WAIVERS.

20 Part A of title III (42 U.S.C. 3021 et seq.) is amend21 ed by adding at the end the following:

22 ‘‘SEC. 315. CONSUMER CONTRIBUTIONS.

23 ‘‘(a) COST SHARING.—

24 ‘‘(1) IN GENERAL.—Except as provided in para25 graphs (2) and (3), a State is permitted to imple-
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1 ment cost sharing for all services funded by this Act

2 by recipients of the services.

3 ‘‘(2) EXCEPTION.—The State is not permitted

4 to implement the cost sharing described in para5 graph (1) for the following services:

6 ‘‘(A) Information and assistance, outreach,

7 benefits counseling, or case management serv8 ices.

9 ‘‘(B) Ombudsman, elder abuse prevention,

10 legal assistance, or other consumer protection

11 services.

12 ‘‘(C) Congregate and home delivered

13 meals.

14 ‘‘(D) Any services delivered through tribal

15 organizations.

16 ‘‘(3) PROHIBITIONS.—A State or tribal organi17 zation shall not permit the cost sharing described in

18 paragraph (1) for any services delivered through

19 tribal organizations. A State shall not permit cost

20 sharing by a low-income older individual if the in21 come of such individual is at or below the Federal

22 poverty line. A State may exclude from cost sharing

23 low-income individuals whose incomes are above the

24 Federal poverty line. A State shall not consider any

25 assets, savings, or other property owned by older in-
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1 dividuals when defining low-income individuals who

2 are exempt from cost sharing, when creating a slid3 ing scale for the cost sharing, or when seeking con4 tributions from any older individual.

5 ‘‘(4) PAYMENT RATES.—If a State permits the

6 cost sharing described in paragraph (1), such State

7 shall establish a sliding scale, based solely on indi8 vidual income and the cost of delivering services.

9 ‘‘(5) REQUIREMENTS.—If a State permits the

10 cost sharing described in paragraph (1), such State

11 shall require each area agency on aging in the State

12 to ensure that each service provider involved, and

13 the area agency on aging, will—

14 ‘‘(A) protect the privacy and confidentiality

15 of each older individual with respect to the dec16 laration or nondeclaration of individual income

17 and to any share of costs paid or unpaid by an

18 individual;

19 ‘‘(B) establish appropriate procedures to

20 safeguard and account for cost share payments;

21 ‘‘(C) use each collected cost share payment

22 to expand the service for which such payment

23 was given;
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1 ‘‘(D) not consider assets, savings, or other

2 property owned by an older individual in deter3 mining whether cost sharing is permitted;

4 ‘‘(E) not deny any service for which funds

5 are received under this Act for an older indi6 vidual due to the income of such individual or

7 such individual’s failure to make a cost sharing

8 payment;

9 ‘‘(F) determine the eligibility of older indi10 viduals to cost share solely by a confidential

11 declaration of income and with no requirement

12 for verification; and

13 ‘‘(G) widely distribute State created writ14 ten materials in languages reflecting the read15 ing abilities of older individuals that describe

16 the criteria for cost sharing, the State’s sliding

17 scale, and the mandate described under sub18 paragraph (E).

19 ‘‘(6) WAIVER.—An area agency on aging may

20 request a waiver to the State’s cost sharing policies,

21 and the State shall approve such a waiver if the area

22 agency on aging can adequately demonstrate that—

23 ‘‘(A) a significant proportion of persons re24 ceiving services under this Act subject to cost

25 sharing in the planning and service area have
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1 incomes below the threshold established in

2 State policy; or

3 ‘‘(B) cost sharing would be an unreason4 able administrative or financial burden upon

5 the area agency on aging.

6 ‘‘(b) VOLUNTARY CONTRIBUTIONS.—

7 ‘‘(1) IN GENERAL.—Voluntary contributions

8 shall be allowed and may be solicited for all services

9 for which funds are received under this Act provided

10 that the method of solicitation is noncoercive.

11 ‘‘(2) LOCAL DECISION.—The area agency on

12 aging shall consult with the relevant service pro13 viders and older individuals in agency’s planning and

14 service area in a State to determine the best method

15 for accepting voluntary contributions under this sub16 section.

17 ‘‘(3) PROHIBITED ACTS.—The area agency on

18 aging and service providers shall not means test for

19 any service for which contributions are accepted or

20 deny services to any individual who does not con21 tribute to the cost of the service.

22 ‘‘(4) REQUIRED ACTS.—The area agency on

23 aging shall ensure that each service provider will—
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1 ‘‘(A) provide each recipient with an oppor2 tunity to voluntarily contribute to the cost of

3 the service;

4 ‘‘(B) clearly inform each recipient that

5 there is no obligation to contribute and that the

6 contribution is purely voluntary;

7 ‘‘(C) protect the privacy and confidentiality

8 of each recipient with respect to the recipient’s

9 contribution or lack of contribution;

10 ‘‘(D) establish appropriate procedures to

11 safeguard and account for all contributions; and

12 ‘‘(E) use all collected contributions to ex13 pand the service for which the contributions

14 were given.

15 ‘‘(c) PARTICIPATION.—

16 ‘‘(1) IN GENERAL.—The State and area agen17 cies on aging, in conducting public hearings on State

18 and area plans, shall solicit the views of older indi19 viduals, providers, and other stakeholders on imple20 mentation of cost-sharing in the service area or the

21 State.

22 ‘‘(2) PLANS.—Prior to the implementation of

23 cost sharing under subsection (a), each State and

24 area agency on aging shall develop plans that are

25 designed to ensure that the participation of low-in-
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1 come older individuals (with particular attention to

2 low-income minority individuals and older individuals

3 residing in rural areas) receiving services will not de4 crease with the implementation of the cost sharing

5 under such subsection.

6 ‘‘(d) EVALUATION.—Not later than 1 year after the

7 date of enactment of the Older Americans Act Amend8 ments of 2000, and annually thereafter, the Assistant Sec9 retary shall conduct a comprehensive evaluation of prac10 tices for cost sharing to determine its impact on participa11 tion rates with particular attention to low-income and mi12 nority older individuals and older individuals residing in

13 rural areas. If the Assistant Secretary finds that there is

14 a disparate impact upon low-income or minority older indi15 viduals or older individuals residing in rural areas in any

16 State or region within the State regarding the provision

17 of services, the Assistant Secretary shall take corrective

18 action to assure that such services are provided to all older

19 individuals without regard to the cost sharing criteria.

20 ‘‘SEC. 316. WAIVERS.

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

22 waive any of the provisions specified in subsection (b) with

23 respect to a State, upon receiving an application by the

24 State agency containing or accompanied by documentation
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1 sufficient to establish, to the satisfaction of the Assistant

2 Secretary, that—

3 ‘‘(1) approval of the State legislature has been

4 obtained or is not required with respect to the pro5 posal for which waiver is sought;

6 ‘‘(2) the State agency has collaborated with the

7 area agencies on aging in the State and other orga8 nizations that would be affected with respect to the

9 proposal for which waiver is sought;

10 ‘‘(3) the proposal has been made available for

11 public review and comment, including the oppor12 tunity for a public hearing upon request, within the

13 State (and a summary of all of the comments re14 ceived has been included in the application); and

15 ‘‘(4) the State agency has given adequate con16 sideration to the probable positive and negative con17 sequences of approval of the waiver application, and

18 the probable benefits for older individuals can rea19 sonably be expected to outweigh any negative con20 sequences, or particular circumstances in the State

21 otherwise justify the waiver.

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

23 provisions of this title that may be waived under this sec24 tion are—
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1 ‘‘(1) any provision of sections 305, 306, and

2 307 requiring statewide uniformity of programs car3 ried out under this title, to the extent necessary to

4 permit demonstrations, in limited areas of a State,

5 of innovative approaches to assist older individuals;

6 ‘‘(2) any area plan requirement described in

7 section 306(a) if granting the waiver will promote

8 innovations or improve service delivery and will not

9 diminish services already provided under this Act;

10 ‘‘(3) any State plan requirement described in

11 section 307(a) if granting the waiver will promote

12 innovations or improve service delivery and will not

13 diminish services already provided under this Act;

14 ‘‘(4) any restriction under paragraph (5) of sec15 tion 308(b), on the amount that may be transferred

16 between programs carried out under part B and part

17 C; and

18 ‘‘(5) the requirement of section 309(c) that cer19 tain amounts of a State allotment be used for the

20 provision of services, with respect to a State that re21 duces expenditures under the State plan of the State

22 (but only to the extent that the non-Federal share

23 of the expenditures is not reduced below any min24 imum specified in section 304(d) or any other provi25 sion of this title).
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1 ‘‘(c) DURATION OF WAIVER.—The application by a

2 State agency for a waiver under this section shall include

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

4 to exceed the duration of the State plan of the State). The

5 Assistant Secretary, in granting such a waiver, shall speci6 fy the duration of the waiver, which may be the duration

7 recommended by the State agency or such shorter time

8 period as the Assistant Secretary finds to be appropriate.

9 ‘‘(d) REPORTS TO SECRETARY.—With respect to each

10 waiver granted under this section, not later than 1 year

11 after the expiration of such waiver, and at any time during

12 the waiver period that the Assistant Secretary may re13 quire, the State agency shall prepare and submit to the

14 Assistant Secretary a report evaluating the impact of the

15 waiver on the operation and effectiveness of programs and

16 services provided under this title.’’.

17 SEC. 311. SUPPORTIVE SERVICES AND SENIOR CENTERS.

18 Section 321 of the Older Americans Act of 1965 (42

19 U.S.C. 3030d) is amended—

20 (1) in subsection (a)—

21 (A) in paragraph (2), by striking ‘‘or

22 both’’ and inserting ‘‘and services provided by

23 an area agency on aging, in conjunction with

24 local transportation service providers, public

25 transportation agencies, and other local govern-
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1 ment agencies, that result in increased provi2 sion of such transportation services for older in3 dividuals’’;

4 (B) in paragraph (4), by striking ‘‘or (D)’’

5 and all that follows and inserting ‘‘or (D) to as6 sist older individuals in obtaining housing for

7 which assistance is provided under programs of

8 the Department of Housing and Urban Devel9 opment;’’;

10 (C) in paragraph (5), by striking ‘‘includ11 ing’’ and all that follows and inserting the fol12 lowing: ‘‘including—

13 ‘‘(A) client assessment, case management

14 services, and development and coordination of

15 community services;

16 ‘‘(B) supportive activities to meet the spe17 cial needs of caregivers, including caretakers

18 who provide in-home services to frail older indi19 viduals; and

20 ‘‘(C) in-home services and other commu21 nity services, including home health, home22 maker, shopping, escort, reader, and letter writ23 ing services, to assist older individuals to live

24 independently in a home environment;’’;
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1 (D) in paragraph (12), by inserting before

2 the semicolon the following: ‘‘, and including

3 the coordination of the services with programs

4 administered by or receiving assistance from

5 the Department of Labor, including programs

6 carried out under the Workforce Investment

7 Act of 1998 (29 U.S.C. 2801 et seq.)’’;

8 (E) in paragraph (21), by striking ‘‘or’’;

9 (F) by inserting after paragraph (21) the

10 following:

11 ‘‘(22) in-home services for frail older individ12 uals, including individuals with Alzheimer’s disease

13 and related disorders with neurological and organic

14 brain dysfunction, and their families, including in15 home services defined by a State agency in the State

16 plan submitted under section 307, taking into con17 sideration the age, economic need, and noneconomic

18 and nonhealth factors contributing to the frail condi19 tion and need for services of the individuals de20 scribed in this paragraph, and in-home services de21 fined by an area agency on aging in the area plan

22 submitted under section 306.’’;

23 (G) by redesignating paragraph (22) as

24 paragraph (23); and
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1 (H) in paragraph (23) (as redesignated by

2 subparagraph (G)), by inserting ‘‘necessary for

3 the general welfare of older individuals’’ before

4 the semicolon; and

5 (2) by adding at the end the following:

6 ‘‘(c) In carrying out the provisions of this part, to

7 more efficiently and effectively deliver services to older in8 dividuals, each area agency on aging shall coordinate serv9 ices described in subsection (a) with other community

10 agencies and voluntary organizations providing the same

11 services. In coordinating the services, the area agency on

12 aging shall make efforts to coordinate the services with

13 agencies and organizations carrying out intergenerational

14 programs or projects.

15 ‘‘(d) Funds made available under this part shall sup16 plement, and not supplant, any Federal, State, or local

17 funds expended by a State or unit of general purpose local

18 government (including an area agency on aging) to provide

19 services described in subsection (a).’’.

20 SEC. 312. NUTRITION SERVICES.

21 (a) REPEAL.—Subpart 3 of part C of title III of the

22 Older Americans Act of 1965 (42 U.S.C. 3030g–11 et

23 seq.) is repealed.
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1 (b) REDESIGNATION.—Part C of title III of the Older

2 Americans Act of 1965 (42 U.S.C. 3030e et seq.) is

3 amended by redesignating subpart 4 as subpart 3.

4 (c) PROGRAM AUTHORIZED.—Section 331(2) of the

5 Older Americans Act of 1965 (42 U.S.C. 3030e(2)) is

6 amended by inserting ‘‘, including adult day care facilities

7 and multigenerational meal sites’’ before the semi-colon.

8 SEC. 313. NUTRITION REQUIREMENTS.

9 Subpart 4 of part C of title III of the Older Ameri10 cans Act of 1965 (42 U.S.C. 3030g-21) is amended by

11 striking section 339 and inserting the following:

12 ‘‘SEC. 339. NUTRITION.

13 ‘‘A State that establishes and operates a nutrition

14 project under this chapter shall—

15 ‘‘(1) solicit the advice of a dietitian or indi16 vidual with comparable expertise in the planning of

17 nutritional services, and

18 ‘‘(2) ensure that the project—

19 ‘‘(A) provides meals that—

20 ‘‘(i) comply with the Dietary Guide21 lines for Americans, published by the Sec22 retary and the Secretary of Agriculture,

23 ‘‘(ii) provide to each participating

24 older individual—
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‘‘(I) a minimum of 33 1 1 ⁄3 percent

2 of the daily recommended dietary al3 lowances as established by the Food

4 and Nutrition Board of the Institute

5 of Medicine of the National Academy

6 of Sciences, if the project provides 1

7 meal per day,

‘‘(II) a minimum of 662 8 ⁄3 percent

9 of the allowances if the project pro10 vides 2 meals per day, and

11 ‘‘(III) 100 percent of the allow12 ances if the project provides 3 meals

13 per day, and

14 ‘‘(iii) to the maximum extent prac15 ticable, are adjusted to meet any special

16 dietary needs of program participants,

17 ‘‘(B) provides flexibility to local nutrition

18 providers in designing meals that are appealing

19 to program participants,

20 ‘‘(C) encourages providers to enter into

21 contracts that limit the amount of time meals

22 must spend in transit before they are con23 sumed,

24 ‘‘(D) where feasible, encourages arrange25 ments with schools and other facilities serving
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1 meals to children in order to promote

2 intergenerational meal programs,

3 ‘‘(E) provides that meals, other than in4 home meals, are provided in settings in as close

5 proximity to the majority of eligible older indi6 viduals’ residences as feasible,

7 ‘‘(F) comply with applicable provisions of

8 State or local laws regarding the safe and sani9 tary handling of food, equipment, and supplies

10 used in the storage, preparation, service, and

11 delivery of meals to an older individual,

12 ‘‘(G) ensures that meal providers carry out

13 such project with the advice of dietitians (or in14 dividuals with comparable expertise), meal par15 ticipants, and other individuals knowledgeable

16 with regard to the needs of older individuals,

17 ‘‘(H) ensures that each participating area

18 agency on aging establishes procedures that

19 allow nutrition project administrators the op20 tion to offer a meal, on the same basis as meals

21 provided to participating older individuals, to

22 individuals providing volunteer services during

23 the meal hours, and to individuals with disabil24 ities who reside at home with and accompany

25 older individuals eligible under this chapter,
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1 ‘‘(I) ensures that nutrition services will be

2 available to older individuals and to their

3 spouses, and may be made available to individ4 uals with disabilities who are not older individ5 uals but who reside in housing facilities occu6 pied primarily by older individuals at which

7 congregate nutrition services are provided, and

8 ‘‘(J) provide for nutrition screening and,

9 where appropriate, for nutrition education and

10 counseling.

11 SEC. 314. IN-HOME SERVICES AND ADDITIONAL ASSIST12 ANCE.

13 Title III of the Older Americans Act of 1965 (42

14 U.S.C. 3021 et seq.) is amended—

15 (1) by repealing parts D and E; and

16 (2) by redesignating part F as part D.

17 SEC. 315. DEFINITION.

18 Section 363 of the Older Americans Act of 1965 (42

19 U.S.C. 3030o) is repealed.

20 SEC. 316. NATIONAL FAMILY CAREGIVER SUPPORT PRO21 GRAM.

22 Title III of the Older Americans Act of 1965 (42

23 U.S.C. 3021 et seq.) is amended—

24 (1) by repealing part G; and
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1 (2) by inserting after part D (as redesignated

2 by section 313(2)) the following:

3 ‘‘PART E—NATIONAL FAMILY CAREGIVER

4 SUPPORT PROGRAM

5 ‘‘SEC. 371. SHORT TITLE.

6 ‘‘This part may be cited as the ‘National Family

7 Caregiver Support Act’.

8 ‘‘Subpart 1—Caregiver Support Program

9 ‘‘SEC. 372. DEFINITIONS.

10 ‘‘In this subpart:

11 ‘‘(1) CHILD.—The term ‘child’ means an indi12 vidual who is not more than 18 years of age.

13 ‘‘(2) FAMILY CAREGIVER.—The term ‘family

14 caregiver’ means an adult family member, or an15 other individual, who is an informal provider of in16 home and community care to an older individual.

17 ‘‘(3) GRANDPARENT OR OLDER INDIVIDUAL

18 WHO IS A RELATIVE CAREGIVER.—The term ‘grand19 parent or older individual who is a relative caregiver’

20 means a grandparent or stepgrandparent of a child,

21 or a relative of a child by blood or marriage, who is

22 60 years of age or older and—

23 ‘‘(A) lives with the child;

24 ‘‘(B) is the primary caregiver of the child

25 because the biological or adoptive parents are
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1 unable or unwilling to serve as the primary

2 caregiver of the child; and

3 ‘‘(C) has a legal relationship to the child,

4 as such legal custody or guardianship, or is

5 raising the child informally.

6 ‘‘SEC. 373. PROGRAM AUTHORIZED.

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

8 carry out a program for making grants to States with

9 State plans approved under section 307, to pay for the

10 Federal share of the cost of carrying out State programs,

11 to enable area agencies on aging, or entities that such area

12 agencies on aging contract with, to provide multifaceted

13 systems of support services—

14 ‘‘(1) for family caregivers; and

15 ‘‘(2) for grandparents or older individuals who

16 are relative caregivers.

17 ‘‘(b) SUPPORT SERVICES.—The services provided, in

18 a State program under subsection (a), by an area agency

19 on aging, or entity that such agency has contracted with,

20 shall include—

21 ‘‘(1) information to caregivers about available

22 services;

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

24 to the services;
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1 ‘‘(3) individual counseling, organization of sup2 port groups, and caregiver training to caregivers to

3 assist the caregivers in making decisions and solving

4 problems relating to their caregiving roles;

5 ‘‘(4) respite care to enable caregivers to be tem6 porarily relieved from their caregiving responsibil7 ities; and

8 ‘‘(5) supplemental services, on a limited basis,

9 to complement the care provided by caregivers.

10 ‘‘(c) POPULATION SERVED; PRIORITY.—

11 ‘‘(1) POPULATION SERVED.—Services under a

12 State program under this subpart shall be provided

13 to family caregivers, and grandparents and older in14 dividuals who are relative caregivers, and who—

15 ‘‘(A) are described in paragraph (1) or (2)

16 of subsection (a); and

17 ‘‘(B) with regard to the services specified

18 in paragraphs (4) and (5) of subsection (b), in

19 the case of a caregiver described in paragraph

20 (1), is providing care to an older individual who

21 meets the condition specified in subparagraph

22 (A)(i) or (B) of section 102(28).

23 ‘‘(2) PRIORITY.—In providing services under

24 this subpart, the State shall give priority for services

25 to older individuals with greatest social and eco-
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1 nomic need, (with particular attention to low-income

2 older individuals) and older individuals providing

3 care and support to persons with mental retardation

4 and related developmental disabilities (as defined in

5 section 102 of the Developmental Disabilities Assist6 ance and Bill of Rights Act (42 U.S.C. 6001)) (re7 ferred to in this subpart as ‘developmental disabil8 ities’).

9 ‘‘(d) COORDINATION WITH SERVICE PROVIDERS.—

10 In carrying out this subpart, each area agency on aging

11 shall coordinate the activities of the agency, or entity that

12 such agency has contracted with, with the activities of

13 other community agencies and voluntary organizations

14 providing the types of services described in subsection (b).

15 ‘‘(e) QUALITY STANDARDS AND MECHANISMS AND

16 ACCOUNTABILITY.—

17 ‘‘(1) QUALITY STANDARDS AND MECHANISMS.—

18 The State shall establish standards and mechanisms

19 designed to assure the quality of services provided

20 with assistance made available under this subpart.

21 ‘‘(2) DATA AND RECORDS.—The State shall col22 lect data and maintain records relating to the State

23 program in a standardized format specified by the

24 Assistant Secretary. The State shall furnish the

25 records to the Assistant Secretary, at such time as
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1 the Assistant Secretary may require, in order to en2 able the Assistant Secretary to monitor State pro3 gram administration and compliance, and to evalu4 ate and compare the effectiveness of the State pro5 grams.

6 ‘‘(3) REPORTS.—The State shall prepare and

7 submit to the Assistant Secretary reports on the

8 data and records required under paragraph (2), in9 cluding information on the services funded under

10 this subpart, and standards and mechanisms by

11 which the quality of the services shall be assured.

12 ‘‘(f) CAREGIVER ALLOTMENT.—

13 ‘‘(1) IN GENERAL.—

14 ‘‘(A) From sums appropriated under sec15 tion 303(e) for fiscal years 2001 through 2005,

16 the Assistant Secretary shall allot amounts

17 among the States proportionately based on the

18 population of individuals 70 years of age or

19 older in the States.

20 ‘‘(B) In determining the amounts allotted

21 to States from the sums appropriated under

22 section 303 for a fiscal year, the Assistant Sec23 retary shall first determine the amount allotted

24 to each State under subparagraph (A) and then

25 proportionately adjust such amounts, if nec-
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1 essary, to meet the requirements of paragraph

2 (2).

3 ‘‘(C) The number of individuals 70 years

4 of age or older in any State and in all States

5 shall be determined by the Assistant Secretary

6 on the basis of the most recent data available

7 from the Bureau of the Census and other reli8 able demographic data satisfactory to the As9 sistant Secretary.

10 ‘‘(2) MINIMUM ALLOTMENT.—

11 ‘‘(A) The amounts allotted under para12 graph (1) shall be reduced proportionately to

13 the extent necessary to increase other allot14 ments under such paragraph to achieve the

15 amounts described in subparagraph (B).

‘‘(B)(i) Each State shall be allotted 1 16 ⁄2 of

17 1 percent of the amount appropriated for the

18 fiscal year for which the determination is made.

19 ‘‘(ii) Guam and the Virgin Islands of the

United States shall each be allotted 1 20 ⁄4 of 1 per21 cent of the amount appropriated for the fiscal

22 year for which the determination is made.

23 ‘‘(iii) American Samoa and the Common24 wealth of the Northern Mariana Islands shall

each be allotted 1 25 ⁄16 of 1 percent of the amount
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1 appropriated for the fiscal year for which the

2 determination is made.

3 ‘‘(C) For the purposes of subparagraph

4 (B)(i), the term ‘State’ does not include Guam,

5 American Samoa, the Virgin Islands of the

6 United States, and the Commonwealth of the

7 Northern Mariana Islands.

8 ‘‘(g) AVAILABILITY OF FUNDS.—

9 ‘‘(1) USE OF FUNDS FOR ADMINISTRATION OF

10 AREA PLANS.—Amounts made available to a State to

11 carry out the State program under this subpart may

12 be used, in addition to amounts available in accord13 ance with section 303(c)(1), for costs of administra14 tion of area plans.

15 ‘‘(2) FEDERAL SHARE.—

16 ‘‘(A) IN GENERAL.—Notwithstanding sec17 tion 304(d)(1)(D), the Federal share of the cost

18 of carrying out a State program under this sub19 part shall be 75 percent.

20 ‘‘(B) NON-FEDERAL SHARE.—The non21 Federal share of the cost shall be provided from

22 State and local sources.

23 ‘‘(C) LIMITATION.—A State may use not

24 more than 10 percent of the total Federal and

25 non-Federal share available to the State to pro-
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1 vide support services to grandparents and older

2 individuals who are relative caregivers.

3 ‘‘SEC. 374. MAINTENANCE OF EFFORT.

4 ‘‘Funds made available under this subpart shall sup5 plement, and not supplant, any Federal, State, or local

6 funds expended by a State or unit of general purpose local

7 government (including an area agency on aging) to provide

8 services described in section 373.

9 ‘‘Subpart 2—National Innovation Programs

10 ‘‘SEC. 375. INNOVATION GRANT PROGRAM.

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

12 carry out a program for making grants on a competitive

13 basis to foster the development and testing of new ap14 proaches to sustaining the efforts of families and other

15 informal caregivers of older individuals, and to serving

16 particular groups of caregivers of older individuals, includ17 ing low-income caregivers and geographically distant care18 givers and linking family support programs with the State

19 entity or agency that administers or funds programs for

20 persons with mental retardation or related developmental

21 disabilities and their families.

22 ‘‘(b) EVALUATION AND DISSEMINATION OF RE23 SULTS.—The Assistant Secretary shall provide for evalua24 tion of the effectiveness of programs and activities funded

25 with grants made under this section, and for dissemina-
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1 tion to States of descriptions and evaluations of such pro2 grams and activities, to enable States to incorporate suc3 cessful approaches into their programs carried out under

4 this part.

5 ‘‘(c) SUNSET PROVISION.—This section shall be ef6 fective for 3 fiscal years after the date of enactment of

7 the Older Americans Act Amendments of 2000.

8 ‘‘SEC. 376. ACTIVITIES OF NATIONAL SIGNIFICANCE.

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

10 directly or by grant or contract, carry out activities of na11 tional significance to promote quality and continuous im12 provement in the support provided to family and other in13 formal caregivers of older individuals through program

14 evaluation, training, technical assistance, and research.

15 ‘‘(b) SUNSET PROVISION.—This section shall be ef16 fective for 3 fiscal years after the date of enactment of

17 the Older Americans Act Amendments of 2000.’’.

18 TITLE IV—TRAINING, RE19 SEARCH, AND DISCRE20 TIONARY PROJECTS AND

21 PROGRAMS

22 SEC. 401. PROJECTS AND PROGRAMS

23 Title IV of the Older Americans Act of 1965 (42

24 U.S.C. 3030aa et seq.) is amended to read as follows:
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1 ‘‘SEC. 401. PURPOSES.

2 ‘‘The purposes of this title are—

3 ‘‘(1) to expand the Nation’s knowledge and un4 derstanding of the older population and the aging

5 process;

6 ‘‘(2) to design, test, and promote the use of in7 novative ideas and best practices in programs and

8 services for older individuals;

9 ‘‘(3) to help meet the needs for trained per10 sonnel in the field of aging; and

11 ‘‘(4) to increase awareness of citizens of all

12 ages of the need to assume personal responsibility

13 for their own longevity.

14 ‘‘PART A—GRANT PROGRAMS

15 ‘‘SEC. 411. PROGRAM AUTHORIZED.

16 ‘‘(a) IN GENERAL.—For the purpose of carrying out

17 this section, the Assistant Secretary may make grants to

18 and enter into contracts with States, public agencies, pri19 vate nonprofit agencies, institutions of higher education,

20 and organizations, including tribal organizations, for—

21 ‘‘(1) education and training to develop an ade22 quately trained workforce to work with and on be23 half of older individuals;

24 ‘‘(2) applied social research and analysis to im25 prove access to and delivery of services for older in26 dividuals;
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1 ‘‘(3) evaluation of the performance of the pro2 grams, activities, and services provided under this

3 section;

4 ‘‘(4) the development of methods and practices

5 to improve the quality and effectiveness of the pro6 grams, services, and activities provided under this

7 section;

8 ‘‘(5) the demonstration of new approaches to

9 design, deliver, and coordinate programs and serv10 ices for older individuals;

11 ‘‘(6) technical assistance in planning, devel12 oping, implementing, and improving the programs,

13 services, and activities provided under this section;

14 ‘‘(7) coordination with the designated State

15 agency described in section 101(a)(2)(A)(i) of the

16 Rehabilitation Act of 1973 (29 U.S.C.

17 721(a)(2)(A)(i)) to provide services to older individ18 uals who are blind as described in such Act;

19 ‘‘(8) the training of graduate level professionals

20 specializing in the mental health needs of older indi21 viduals; and

22 ‘‘(9) any other activities that the Assistant Sec23 retary determines will achieve the objectives of this

24 section.
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1 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There

2 are authorized to be appropriated to carry out this section

3 such sums as may be necessary for fiscal year 2001, and

4 such sums as may be necessary for subsequent fiscal

5 years.

6 ‘‘SEC. 412. CAREER PREPARATION FOR THE FIELD OF

7 AGING.

8 ‘‘(a) GRANTS.—The Assistant Secretary shall make

9 grants to institutions of higher education, historically

10 Black colleges or universities, Hispanic Centers of Excel11 lence in Applied Gerontology, and other educational insti12 tutions that serve the needs of minority students, to pro13 vide education and training to prepare students for careers

14 in the field of aging.

15 ‘‘(b) DEFINITIONS.—For purposes of subsection (a):

16 ‘‘(1) HISPANIC CENTER OF EXCELLENCE IN AP17 PLIED GERONTOLOGY.—The term ‘Hispanic Center

18 of Excellence in Applied Gerontology’ means an in19 stitution of higher education with a program in ap20 plied gerontology that—

21 ‘‘(A) has a significant number of Hispanic

22 individuals enrolled in the program, including

23 individuals accepted for enrollment in the pro24 gram;
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1 ‘‘(B) has been effective in assisting His2 panic students of the program to complete the

3 program and receive the degree involved;

4 ‘‘(C) has been effective in recruiting His5 panic individuals to attend the program, includ6 ing providing scholarships and other financial

7 assistance to such individuals and encouraging

8 Hispanic students of secondary educational in9 stitutions to attend the program; and

10 ‘‘(D) has made significant recruitment ef11 forts to increase the number and placement of

12 Hispanic individuals serving in faculty or ad13 ministrative positions in the program.

14 ‘‘(2) HISTORICALLY BLACK COLLEGE OR UNI15 VERSITY.—The term ‘historically Black college or

16 university’ has the meaning given the term ‘part B

17 institution’ in section 322(2) of the Higher Edu18 cation Act of 1965 (20 U.S.C. 1061(2)).

19 ‘‘SEC. 413. OLDER INDIVIDUALS’ PROTECTION FROM VIO20 LENCE PROJECTS.

21 ‘‘(a) PROGRAM AUTHORIZED.—The Assistant Sec22 retary shall make grants to States, area agencies on aging,

23 nonprofit organizations, or tribal organizations to carry

24 out the activities described in subsection (b).
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1 ‘‘(b) ACTIVITIES.—A State, an area agency on aging,

2 a nonprofit organization, or a tribal organization that re3 ceives a grant under subsection (a) shall use such grant

4 to—

5 ‘‘(1) support projects in local communities, in6 volving diverse sectors of each community, to coordi7 nate activities concerning intervention in and preven8 tion of elder abuse, neglect, and exploitation, includ9 ing family violence and sexual assault, against older

10 individuals;

11 ‘‘(2) develop and implement outreach programs

12 directed toward assisting older individuals who are

13 victims of elder abuse, neglect, and exploitation (in14 cluding family violence and sexual assault, against

15 older individuals), including programs directed to16 ward assisting the individuals in senior housing com17 plexes, nursing homes, board and care facilities, and

18 senior centers;

19 ‘‘(3) expand access to family violence and sex20 ual assault programs (including shelters, rape crisis

21 centers, and support groups), including mental

22 health services, safety planning and legal advocacy

23 for older individuals and encourage the use of senior

24 housing, hotels, or other suitable facilities or services

25 when appropriate as emergency short-term shelters
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1 for older individuals who are the victims of elder

2 abuse, including family violence and sexual assault;

3 or

4 ‘‘(4) promote research on legal, organizational,

5 or training impediments to providing services to

6 older individuals through shelters and other pro7 grams, such as impediments to provision of services

8 in coordination with delivery of health care or serv9 ices delivered under this Act.

10 ‘‘(c) PREFERENCE.—In awarding grants under sub11 section (a), the Assistant Secretary shall give preference

12 to a State, an area agency on aging, a nonprofit organiza13 tion, or a tribal organization that has the ability to carry

14 out the activities described in this section and title VII

15 of this Act.

16 ‘‘(d) COORDINATION.—The Assistant Secretary shall

17 encourage each State, area agency on aging, nonprofit or18 ganization, and tribal organization that receives a grant

19 under subsection (a) to coordinate activities provided

20 under this section with activities provided by other area

21 agencies on aging, tribal organizations, State adult protec22 tive service programs, private nonprofit organizations, and

23 by other entities receiving funds under title VII of this

24 Act.
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1 ‘‘SEC. 414. HEALTH CARE SERVICE DEMONSTRATION

2 PROJECTS IN RURAL AREAS.

3 ‘‘(a) AUTHORITY.—The Assistant Secretary, after

4 consultation with the State agency of the State involved,

5 shall make grants to eligible public agencies and nonprofit

6 private organizations to pay part or all of the cost of devel7 oping or operating model health care service projects (in8 cluding related home health care services, adult day health

9 care, outreach, and transportation) through multipurpose

10 senior centers that are located in rural areas and that pro11 vide nutrition services under section 331, to meet the

12 health care needs of medically underserved older individ13 uals residing in such areas.

14 ‘‘(b) ELIGIBILITY.—To be eligible to receive a grant

15 under subsection (a), a public agency or nonprofit private

16 organization shall submit to the Assistant Secretary an

17 application containing such information and assurances as

18 the Secretary may require, including—

19 ‘‘(1) information describing the nature and ex20 tent of the applicant’s—

21 ‘‘(A) experience in providing medical serv22 ices of the type to be provided in the project for

23 which a grant is requested; and

24 ‘‘(B) coordination and cooperation with—

25 ‘‘(i) institutions of higher education

26 having graduate programs with capability
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1 in public health, the medical sciences, psy2 chology, pharmacology, nursing, social

3 work, health education, nutrition, or geron4 tology, for the purpose of designing and

5 developing such project; and

6 ‘‘(ii) critical access hospitals (as de7 fined in section 1861(mm)(1) of the Social

8 Security Act (42 U.S.C. 1395x(mm)(1))

9 and rural health clinics (as defined in sec10 tion 1861(aa)(2) of the Social Security Act

11 (42 U.S.C. 1395x(aa)(2)));

12 ‘‘(2) assurances that the applicant will carry

13 out the project for which a grant is requested,

14 through a multipurpose senior center located—

15 ‘‘(A)(i) in a rural area that has a popu16 lation of less than 5,000; or

17 ‘‘(ii) in a county that has fewer than 7 in18 dividuals per square mile; and

19 ‘‘(B) in a State in which—

‘‘(i) not less than 331 20 ⁄3 of the popu21 lation resides in rural areas; and

22 ‘‘(ii) not less than 5 percent of the

23 population resides in counties with fewer

24 than 7 individuals per square mile;
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1 as defined by and determined in accordance

2 with the most recent data available from the

3 Bureau of the Census; and

4 ‘‘(3) assurances that the applicant will submit

5 to the Assistant Secretary such evaluations and re6 ports as the Assistant Secretary may require.

7 ‘‘(c) REPORTS.—The Assistant Secretary shall pre8 pare and submit to the appropriate committees of Con9 gress a report that includes summaries of the evaluations

10 and reports required under subsection (b).

11 ‘‘SEC. 415. COMPUTER TRAINING.

12 ‘‘(a) PROGRAM AUTHORIZED.—The Assistant Sec13 retary, in consultation with the Assistant Secretary of

14 Commerce for Communications and Information, may

15 award grants or contracts to entities to provide computer

16 training and enhanced Internet access for older individ17 uals.

18 ‘‘(b) PRIORITY.—If the Assistant Secretary awards

19 grants under subsection (a), the Assistant Secretary shall

20 give priority to an entity that—

21 ‘‘(1) will provide services to older individuals

22 living in rural areas;

23 ‘‘(2) has demonstrated expertise in providing

24 computer training to older individuals; or
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1 ‘‘(3) has demonstrated that it has a variety of

2 training delivery methods, including facility-based,

3 computer-based, and Internet-based training, that

4 may facilitate a determination of the best method of

5 training older individuals.

6 ‘‘(c) SPECIAL CONSIDERATION.—In awarding grants

7 under this section, the Assistant Secretary shall give spe8 cial consideration to applicants that have entered into a

9 partnership with 1 or more private entities providing such

10 applicants with donated information technologies includ11 ing software, hardware, or training.

12 ‘‘(d) USE OF FUNDS.—An entity that receives a

13 grant or contract under subsection (a) shall use funds re14 ceived under such grant or contract to provide training

15 for older individuals that—

16 ‘‘(1) relates to the use of computers and related

17 equipment, in order to improve the self-employment

18 and employment-related technology skills of older in19 dividuals, as well as their ability to use the Internet;

20 and

21 ‘‘(2) is provided at senior centers, housing fa22 cilities for older individuals, elementary schools, sec23 ondary schools, and institutions of higher education.
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1 ‘‘SEC. 416. TECHNICAL ASSISTANCE TO IMPROVE TRANS2 PORTATION FOR SENIORS.

3 ‘‘(a) IN GENERAL.—The Secretary may award grants

4 or contracts to nonprofit organizations to improve trans5 portation services for older individuals.

6 ‘‘(b) USE OF FUNDS.—A nonprofit organization re7 ceiving a grant or contract under subsection (a) shall use

8 funds received under such grant or contract to provide

9 technical assistance to assist local transit providers, area

10 agencies on aging, senior centers and local senior support

11 groups to encourage and facilitate coordination of Federal,

12 State, and local transportation services and resources for

13 older individuals. Such technical assistance may include—

14 ‘‘(1) developing innovative approaches for im15 proving access by older individuals to supportive

16 services;

17 ‘‘(2) preparing and disseminating information

18 on transportation options and resources for older in19 dividuals and organizations serving such individuals

20 through establishing a toll-free telephone number;

21 ‘‘(3) developing models and best practices for

22 comprehensive integrated transportation services for

23 older individuals, including services administered by

24 the Secretary of Transportation, by providing ongo25 ing technical assistance to agencies providing serv26 ices under title III and by assisting in coordination
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1 of public and community transportation services;

2 and

3 ‘‘(4) providing special services to link seniors to

4 transportation services not provided under title III.

5 ‘‘SEC. 417. DEMONSTRATION PROJECTS FOR

6 MULTIGENERATIONAL ACTIVITIES.

7 ‘‘(a) GRANTS AND CONTRACTS.—The Assistant Sec8 retary may award grants and enter into contracts with eli9 gible organizations to establish demonstration projects to

10 provide older individuals with multigenerational activities.

11 ‘‘(b) USE OF FUNDS.—An eligible organization shall

12 use funds made available under a grant awarded, or a con13 tract entered into, under subsection (a)—

14 ‘‘(1) to carry out a demonstration project that

15 provides multigenerational activities, including any

16 professional training appropriate to such activities

17 for older individuals; and

18 ‘‘(2) to evaluate the project in accordance with

19 subsection (f).

20 ‘‘(c) PREFERENCE.—In awarding grants and enter21 ing into contracts under subsection (a), the Assistant Sec22 retary shall give preference to—

23 ‘‘(1) eligible organizations with a demonstrated

24 record of carrying out multigenerational activities;

25 and
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1 ‘‘(2) eligible organizations proposing projects

2 that will serve older individuals with greatest eco3 nomic need (with particular attention to low-income

4 minority individuals and older individuals residing in

5 rural areas).

6 ‘‘(d) APPLICATION.—To be eligible to receive a grant

7 or enter into a contract under subsection (a), an organiza8 tion shall submit an application to the Assistant Secretary

9 at such time, in such manner, and accompanied by such

10 information as the Assistant Secretary may reasonably re11 quire.

12 ‘‘(e) ELIGIBLE ORGANIZATIONS.—Organizations eli13 gible to receive a grant or enter into a contract under sub14 section (a) shall be organizations that employ, or provide

15 opportunities for, older individuals in multigenerational

16 activities.

17 ‘‘(f) LOCAL EVALUATION AND REPORT.—

18 ‘‘(1) EVALUATION.—Each organization receiv19 ing a grant or a contract under subsection (a) to

20 carry out a demonstration project shall evaluate the

21 multigenerational activities assisted under the

22 project to determine the effectiveness of the

23 multigenerational activities, the impact of such ac24 tivities on child care and youth day care programs,
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1 and the impact of such activities on older individuals

2 involved in such project.

3 ‘‘(2) REPORT.—The organization shall submit a

4 report to the Assistant Secretary containing the

5 evaluation not later than 6 months after the expira6 tion of the period for which the grant or contract is

7 in effect.

8 ‘‘(g) REPORT TO CONGRESS.—Not later than 6

9 months after the Assistant Secretary receives the reports

10 described in subsection (f)(2), the Assistant Secretary

11 shall prepare and submit to the Speaker of the House of

12 Representatives and the President pro tempore of the Sen13 ate a report that assesses the evaluations and includes,

14 at a minimum—

15 ‘‘(1) the names or descriptive titles of the dem16 onstration projects funded under subsection (a);

17 ‘‘(2) a description of the nature and operation

18 of the projects;

19 ‘‘(3) the names and addresses of organizations

20 that conducted the projects;

21 ‘‘(4) a description of the methods and success

22 of the projects in recruiting older individuals as em23 ployees and volunteers to participate in the projects;
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1 ‘‘(5) a description of the success of the projects

2 in retaining older individuals involved in the projects

3 as employees and as volunteers; and

4 ‘‘(6) the rate of turnover of older individual em5 ployees and volunteers in the projects.

6 ‘‘(h) DEFINITION.—As used in this section, the term

7 ‘multigenerational activity’ includes an opportunity to

8 serve as a mentor or adviser in a child care program, a

9 youth day care program, an educational assistance pro10 gram, an at-risk youth intervention program, a juvenile

11 delinquency treatment program, or a family support pro12 gram.

13 ‘‘SEC. 418. NATIVE AMERICAN PROGRAMS.

14 ‘‘(a) ESTABLISHMENT.—

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

16 shall make grants or enter into contracts with not

17 fewer than 2 and not more than 4 eligible entities

18 to establish and operate Resource Centers on Native

19 American Elders (referred to in this section as ‘Re20 source Centers’). The Assistant Secretary shall make

21 such grants or enter into such contracts for periods

22 of not less than 3 years.

23 ‘‘(2) FUNCTIONS.—

24 ‘‘(A) IN GENERAL.—Each Resource Center

25 that receives funds under this section shall—
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1 ‘‘(i) gather information;

2 ‘‘(ii) perform research;

3 ‘‘(iii) provide for the dissemination of

4 results of the research; and

5 ‘‘(iv) provide technical assistance and

6 training to entities that provide services to

7 Native Americans who are older individ8 uals.

9 ‘‘(B) AREAS OF CONCERN.—In conducting

10 the functions described in subparagraph (A), a

11 Resource Center shall focus on priority areas of

12 concern for the Resource Centers regarding Na13 tive Americans who are older individuals, which

14 areas shall be—

15 ‘‘(i) health problems;

16 ‘‘(ii) long-term care, including in17 home care;

18 ‘‘(iii) elder abuse; and

19 ‘‘(iv) other problems and issues that

20 the Assistant Secretary determines are of

21 particular importance to Native Americans

22 who are older individuals.

23 ‘‘(3) PREFERENCE.—In awarding grants and

24 entering into contracts under paragraph (1), the As25 sistant Secretary shall give preference to institutions
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1 of higher education that have conducted research on,

2 and assessments of, the characteristics and needs of

3 Native Americans who are older individuals.

4 ‘‘(4) CONSULTATION.—In determining the type

5 of information to be sought from, and activities to

6 be performed by, Resource Centers, the Assistant

7 Secretary shall consult with the Director of the Of8 fice for American Indian, Alaskan Native, and Na9 tive Hawaiian Aging and with national organizations

10 with special expertise in serving Native Americans

11 who are older individuals.

12 ‘‘(5) ELIGIBLE ENTITIES.—To be eligible to re13 ceive a grant or enter into a contract under para14 graph (1), an entity shall be an institution of higher

15 education with experience conducting research and

16 assessment on the needs of older individuals.

17 ‘‘(6) REPORT TO CONGRESS.—The Assistant

18 Secretary, with assistance from each Resource Cen19 ter, shall prepare and submit to the Speaker of the

20 House of Representatives and the President pro

21 tempore of the Senate an annual report on the sta22 tus and needs, including the priority areas of con23 cern, of Native Americans who are older individuals.

24 ‘‘(b) TRAINING GRANTS.—The Assistant Secretary

25 shall make grants and enter into contracts to provide in-
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1 service training opportunities and courses of instruction

2 on aging to Indian tribes through public or nonprofit In3 dian aging organizations and to provide annually a na4 tional meeting to train directors of programs under this

5 title.

6 ‘‘SEC. 419. MULTIDISCIPLINARY CENTERS.

7 ‘‘(a) PROGRAM AUTHORIZED.—The Assistant Sec8 retary may make grants to public and private nonprofit

9 agencies, organizations, and institutions for the purpose

10 of establishing or supporting multidisciplinary centers of

11 gerontology, and gerontology centers of special emphasis

12 (including emphasis on nutrition, employment, health (in13 cluding mental health), disabilities (including severe dis14 abilities), income maintenance, counseling services, sup15 portive services, minority populations, and older individ16 uals residing in rural areas).

17 ‘‘(b) USE OF FUNDS.—

18 ‘‘(1) IN GENERAL.—The centers described in

19 subsection (a) shall conduct research and policy

20 analysis and function as a technical resource for the

21 Assistant Secretary, policymakers, service providers,

22 and Congress.

23 ‘‘(2) MULTIDISCIPLINARY CENTERS.—The mul24 tidisciplinary centers of gerontology described in

25 subsection (a) shall—
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1 ‘‘(A) recruit and train personnel;

2 ‘‘(B) conduct basic and applied research

3 toward the development of information related

4 to aging;

5 ‘‘(C) stimulate the incorporation of infor6 mation on aging into the teaching of biological,

7 behavioral, and social sciences at colleges and

8 universities;

9 ‘‘(D) help to develop training programs in

10 the field of aging at schools of public health,

11 education, social work, and psychology, and

12 other appropriate schools within colleges and

13 universities;

14 ‘‘(E) serve as a repository of information

15 and knowledge on aging;

16 ‘‘(F) provide consultation and information

17 to public and voluntary organizations, including

18 State agencies and area agencies on aging,

19 which serve the needs of older individuals in

20 planning and developing services provided under

21 other provisions of this Act; and

22 ‘‘(G) if appropriate, provide information

23 relating to assistive technology.

24 ‘‘(c) DATA.—
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1 ‘‘(1) IN GENERAL.—Each center that receives a

2 grant under subsection (a) shall provide data to the

3 Assistant Secretary on the projects and activities

4 carried out with funds received under such sub5 section.

6 ‘‘(2) INFORMATION INCLUDED.—Such data de7 scribed in paragraph (1) shall include—

8 ‘‘(A) information on the number of per9 sonnel trained;

10 ‘‘(B) information on the number of older

11 individuals served;

12 ‘‘(C) information on the number of schools

13 assisted; and

14 ‘‘(D) other information that will facilitate

15 achieving the objectives of this section.

16 ‘‘SEC. 420. DEMONSTRATION AND SUPPORT PROJECTS FOR

17 LEGAL ASSISTANCE FOR OLDER INDIVID18 UALS.

19 ‘‘(a) PROGRAM AUTHORIZED.—The Assistant Sec20 retary shall make grants and enter into contracts, in order

21 to—

22 ‘‘(1) provide a national legal assistance support

23 system (operated by one or more grantees or con24 tractors) of activities to State and area agencies on
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1 aging for providing, developing, or supporting legal

2 assistance for older individuals, including—

3 ‘‘(A) case consultations;

4 ‘‘(B) training;

5 ‘‘(C) provision of substantive legal advice

6 and assistance; and

7 ‘‘(D) assistance in the design, implementa8 tion, and administration of legal assistance de9 livery systems to local providers of legal assist10 ance for older individuals; and

11 ‘‘(2) support demonstration projects to expand

12 or improve the delivery of legal assistance to older

13 individuals with social or economic needs.

14 ‘‘(b) ASSURANCES.—Any grants or contracts

15 made under subsection (a)(2) shall contain assurances

16 that the requirements of section 307(a)(11) are met.

17 ‘‘(c) ASSISTANCE.—To carry out subsection

18 (a)(1), the Assistant Secretary shall make grants to or

19 enter into contracts with national nonprofit organizations

20 experienced in providing support and technical assistance

21 on a nationwide basis to States, area agencies on aging,

22 legal assistance providers, ombudsmen, elder abuse pre23 vention programs, and other organizations interested in

24 the legal rights of older individuals.
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1 ‘‘SEC. 421. OMBUDSMAN AND ADVOCACY DEMONSTRATION

2 PROJECTS.

3 ‘‘(a) PROGRAM AUTHORIZED.—The Assistant Sec4 retary shall award grants to not fewer than 3 and not

5 more than 10 States to conduct demonstrations and evalu6 ate cooperative projects between the State long-term care

7 ombudsman program, legal assistance agencies, and the

8 State protection and advocacy systems for individuals with

9 developmental disabilities and individuals with mental ill10 ness, established under part C of the Developmental Dis11 abilities Assistance and Bill of Rights Act (42 U.S.C.

12 6041 et seq.) and under the Protection and Advocacy for

13 Mentally Ill Individuals Act of 1986 (42 U.S.C. 10801 et

14 seq.).

15 ‘‘(b) REPORT.—The Assistant Secretary shall pre16 pare and submit to Congress a report containing the re17 sults of the evaluation required by subsection (a). Such

18 report shall contain such recommendations as the Assist19 ant Secretary determines to be appropriate.

20 ‘‘PART B—GENERAL PROVISIONS

21 ‘‘SEC. 431. PAYMENT OF GRANTS.

22 ‘‘(a) CONTRIBUTIONS.—To the extent the Assistant

23 Secretary determines a contribution to be appropriate, the

24 Assistant Secretary shall require the recipient of any grant

25 or contract under this title to contribute money, facilities,
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1 or services for carrying out the project for which such

2 grant or contract was made.

3 ‘‘(b) PAYMENTS.—Payments under this title pur4 suant to a grant or contract may be made (after nec5 essary adjustment, in the case of grants, on account of

6 previously made overpayments or underpayments) in ad7 vance or by way of reimbursement, and in such install8 ments and on such conditions, as the Assistant Secretary

9 may determine.

10 ‘‘(c) CONSULTATION.—The Assistant Secretary

11 shall make no grant or contract under this title in any

12 State that has established or designated a State agency

13 for purposes of title III unless the Assistant Secretary—

14 ‘‘(1) consults with the State agency prior to

15 issuing the grant or contract; and

16 ‘‘(2) informs the State agency of the purposes

17 of the grant or contract when the grant or contract

18 is issued.

19 ‘‘SEC. 432. RESPONSIBILITIES OF ASSISTANT SECRETARY.

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

21 responsible for the administration, implementation, and

22 making of grants and contracts under this title and shall

23 not delegate authority under this title to any other indi24 vidual, agency, or organization.

25 ‘‘(b) REPORT.—
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1 ‘‘(1) IN GENERAL.—Not later than January 1

2 following each fiscal year, the Assistant Secretary

3 shall submit, to the Speaker of the House of Rep4 resentatives and the President pro tempore of the

5 Senate, a report for such fiscal year that describes

6 each project and each program—

7 ‘‘(A) for which funds were provided under

8 this title; and

9 ‘‘(B) that was completed in the fiscal year

10 for which such report is prepared.

11 ‘‘(2) CONTENTS.—Such report shall contain—

12 ‘‘(A) the name or descriptive title of each

13 project or program;

14 ‘‘(B) the name and address of the indi15 vidual or governmental entity that conducted

16 such project or program;

17 ‘‘(C) a specification of the period through18 out which such project or program was con19 ducted;

20 ‘‘(D) the identity of each source of funds

21 expended to carry out such project or program

22 and the amount of funds provided by each such

23 source;

24 ‘‘(E) an abstract describing the nature and

25 operation of such project or program; and
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1 ‘‘(F) a bibliography identifying all pub2 lished information relating to such project or

3 program.

4 ‘‘(c) EVALUATIONS.—

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

6 shall establish by regulation and implement a proc7 ess to evaluate the results of projects and programs

8 carried out under this title.

9 ‘‘(2) RESULTS.—The Assistant Secretary

10 shall—

11 ‘‘(A) make available to the public the re12 sults of each evaluation carried out under para13 graph (1); and

14 ‘‘(B) use such evaluation to improve serv15 ices delivered, or the operation of projects and

16 programs carried out, under this Act.’’.

17 TITLE V—AMENDMENT TO TITLE

18 V OF THE OLDER AMERICANS

19 ACT OF 1965

20 SEC. 501. AMENDMENT TO TITLE V OF THE OLDER AMERI21 CANS ACT OF 1965.

22 Title V of the Older Americans Act of 1965 (42

23 U.S.C. 3056 et seq.) is amended to read as follows:
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1 ‘‘TITLE V—COMMUNITY SERVICE

2 EMPLOYMENT FOR OLDER

3 AMERICANS

4 ‘‘SEC. 501. SHORT TITLE.

5 ‘‘This title may be cited as the ‘Older American Com6 munity Service Employment Act’.

7 ‘‘SEC. 502. OLDER AMERICAN COMMUNITY SERVICE EM8 PLOYMENT PROGRAM.

9 ‘‘(a)(1) In order to foster and promote useful part10 time opportunities in community service activities for un11 employed low-income persons who are 55 years or older

12 and who have poor employment prospects, and in order

13 to foster individual economic self-sufficiency and to in14 crease the number of persons who may enjoy the benefits

15 of unsubsidized employment in both the public and private

16 sectors, the Secretary of Labor (hereinafter in this title

17 referred to as the ‘Secretary’) is authorized to establish

18 an older American community service employment pro19 gram.

20 ‘‘(2) Amounts appropriated to carry out this title

21 shall be used only to carry out the provisions contained

22 in this title.

23 ‘‘(b)(1) In order to carry out the provisions of this

24 title, the Secretary is authorized to enter into agreements,

25 subject to section 514, with State and national public and
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1 private nonprofit agencies and organizations, agencies of

2 a State government or a political subdivision of a State

3 (having elected or duly appointed governing officials), or

4 a combination of such political subdivisions, or tribal orga5 nizations in order to further the purposes and goals of

6 the program. Such agreements may include provisions for

7 the payment of costs, as provided in subsection (c) of this

8 section, of projects developed by such organizations and

9 agencies in cooperation with the Secretary in order to

10 make the program effective or to supplement the program.

11 No payment shall be made by the Secretary toward the

12 cost of any project established or administered by any or13 ganization or agency unless the Secretary determines that

14 such project—

15 ‘‘(A) will provide employment only for eligible

16 individuals except for necessary technical, adminis17 trative, and supervisory personnel, but such per18 sonnel shall, to the fullest extent possible, be re19 cruited from among eligible individuals;

20 ‘‘(B)(i) will provide employment for eligible in21 dividuals in the community in which such individuals

22 reside, or in nearby communities; or

23 ‘‘(ii) if such project is carried out by a tribal or24 ganization that enters into an agreement under this

25 subsection or receives assistance from a State that
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1 enters into such an agreement, will provide employ2 ment for such individuals, including those who are

3 Indians residing on an Indian reservation, as the

4 term is defined in section 2601(2) of the Energy

5 Policy Act of 1992 (25 U.S.C. 3501(2));

6 ‘‘(C) will employ eligible individuals in service

7 related to publicly owned and operated facilities and

8 projects, or projects sponsored by organizations,

9 other than political parties, exempt from taxation

10 under the provisions of section 501(c)(3) of the In11 ternal Revenue Code of 1986, except projects involv12 ing the construction, operation, or maintenance of

13 any facility used or to be used as a place for sec14 tarian religious instruction or worship;

15 ‘‘(D) will contribute to the general welfare of

16 the community;

17 ‘‘(E) will provide employment for eligible indi18 viduals;

19 ‘‘(F)(i) will result in an increase in employment

20 opportunities over those opportunities which would

21 otherwise be available;

22 ‘‘(ii) will not result in the displacement of cur23 rently employed workers (including partial displace24 ment, such as a reduction in the hours of non-
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1 overtime work or wages or employment benefits);

2 and

3 ‘‘(iii) will not impair existing contracts or result

4 in the substitution of Federal funds for other funds

5 in connection with work that would otherwise be per6 formed;

7 ‘‘(G) will not employ or continue to employ any

8 eligible individual to perform work the same or sub9 stantially the same as that performed by any other

10 person who is on layoff;

11 ‘‘(H) will utilize methods of recruitment and se12 lection (including participating in a one-stop delivery

13 system as established under section 134(c) of the

14 Workforce Investment Act of 1998 (29 U.S.C.

15 2864(c)) and listing of job vacancies with the em16 ployment agency operated by any State or political

17 subdivision thereof) which will assure that the max18 imum number of eligible individuals will have an op19 portunity to participate in the project;

20 ‘‘(I) will include such training as may be nec21 essary to make the most effective use of the skills

22 and talents of those individuals who are partici23 pating, and will provide for the payment of the rea24 sonable expenses of individuals being trained, includ25 ing a reasonable subsistence allowance;
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1 ‘‘(J) will assure that safe and healthy condi2 tions of work will be provided, and will assure that

3 persons employed in community service and other

4 jobs assisted under this title shall be paid wages

5 which shall not be lower than whichever is the high6 est of—

7 ‘‘(i) the minimum wage which would be ap8 plicable to the employee under the Fair Labor

9 Standards Act of 1938, if section 6(a)(1) of

10 such Act applied to the participant and if the

11 participant were not exempt under section 13

12 thereof;

13 ‘‘(ii) the State or local minimum wage for

14 the most nearly comparable covered employ15 ment; or

16 ‘‘(iii) the prevailing rates of pay for per17 sons employed in similar public occupations by

18 the same employer;

19 ‘‘(K) will be established or administered with

20 the advice of persons competent in the field of serv21 ice in which employment is being provided, and of

22 persons who are knowledgeable with regard to the

23 needs of older persons;

24 ‘‘(L) will authorize pay for necessary transpor25 tation costs of eligible individuals which may be in-
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1 curred in employment in any project funded under

2 this title, in accordance with regulations promul3 gated by the Secretary;

4 ‘‘(M) will assure that, to the extent feasible,

5 such project will serve the needs of minority, limited

6 English-speaking, and Indian eligible individuals,

7 and eligible individuals who have the greatest eco8 nomic need, at least in proportion to their numbers

9 in the State and take into consideration their rates

10 of poverty and unemployment;

11 ‘‘(N)(i) will prepare an assessment of the par12 ticipants’ skills and talents and their needs for serv13 ices, except to the extent such project has, for the

14 participant involved, recently prepared an assess15 ment of such skills and talents, and such needs, pur16 suant to another employment or training program

17 (such as a program under the Workforce Investment

18 Act of 1998 (29 U.S.C. 2801 et seq.), the Carl D.

19 Perkins Vocational and Technical Education Act of

20 1998 (20 U.S.C. 2301 et seq.), or part A of title IV

21 of the Social Security Act (42 U.S.C. 601 et seq.));

22 ‘‘(ii) will provide to eligible individuals training

23 and employment counseling based on strategies that

24 identify appropriate employment objectives and the

25 need for supportive services, developed as a result of
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1 the assessment and service strategy provided for in

2 clause (i); and

3 ‘‘(iii) will provide counseling to participants on

4 their progress in meeting such objectives and satis5 fying their need for supportive services;

6 ‘‘(O) will provide appropriate services for par7 ticipants through the one-stop delivery system as es8 tablished under section 134(c) of the Workforce In9 vestment Act of 1998 (29 U.S.C. 2864(c)), and will

10 be involved in the planning and operations of such

11 system pursuant to a memorandum of under12 standing with the local workforce investment board

13 in accordance with section 121(c) of such Act (29

14 U.S.C. 2841(c));

15 ‘‘(P) will post in such project workplace a no16 tice, and will make available to each person associ17 ated with such project a written explanation, clari18 fying the law with respect to allowable and unallow19 able political activities under chapter 15 of title 5,

20 United States Code, applicable to the project and to

21 each category of individuals associated with such

22 project and containing the address and telephone

23 number of the Inspector General of the Department

24 of Labor, to whom questions regarding the applica25 tion of such chapter may be addressed;
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1 ‘‘(Q) will provide to the Secretary the descrip2 tion and information described in paragraphs (8)

3 and (14) of section 112(b) of the Workforce Invest4 ment Act of 1998; and

5 ‘‘(R) will ensure that entities carrying out ac6 tivities under the project, including State offices,

7 local offices, subgrantees, subcontractors, or other

8 affiliates of such organization or agency shall receive

9 an amount of the administration cost allocation that

10 is sufficient for the administrative activities under

11 the project to be carried out by such State office,

12 local office, subgrantee, subcontractor, or other affil13 iate.

14 ‘‘(2) The Secretary is authorized to establish, issue,

15 and amend such regulations as may be necessary to effec16 tively carry out the provisions of this title.

17 ‘‘(3) The Secretary shall develop alternatives for in18 novative work modes and provide technical assistance in

19 creating job opportunities through work sharing and other

20 experimental methods to labor organizations, groups rep21 resenting business and industry and workers as well as

22 to individual employers, where appropriate.

23 ‘‘(4)(A) An assessment and service strategy provided

24 for an eligible individual under this title shall satisfy any

25 condition for an assessment and service strategy or indi-
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1 vidual employment plan for an adult participant under

2 subtitle B of title I of the Workforce Investment Act of

3 1998 (29 U.S.C. 2811 et seq.), in order to determine

4 whether such individual qualifies for intensive or training

5 services described in section 134(d) of such Act (29 U.S.C.

6 2864(d)), in accordance with such Act.

7 ‘‘(B) An assessment and service strategy or indi8 vidual employment plan provided for an adult participant

9 under subtitle B of title I of the Workforce Investment

10 Act of 1998 (29 U.S.C. 2811 et seq.) shall satisfy any

11 condition for an assessment and service strategy for an

12 eligible individual under this title.

13 ‘‘(c)(1) The Secretary is authorized to pay a share,

14 but not to exceed 90 percent of the cost of any project

15 which is the subject of an agreement entered into under

16 subsection (b) of this section, except that the Secretary

17 is authorized to pay all of the costs of any such project

18 which is—

19 ‘‘(A) an emergency or disaster project; or

20 ‘‘(B) a project located in an economically de21 pressed area;

22 as determined by the Secretary in consultation with the

23 Secretary of Commerce and the Secretary of Health and

24 Human Services.
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1 ‘‘(2) The non-Federal share shall be in cash or in

2 kind. In determining the amount of the non-Federal share,

3 the Secretary is authorized to attribute fair market value

4 to services and facilities contributed from non-Federal

5 sources.

6 ‘‘(3) Of the amount for any project to be paid by the

7 Secretary under this subsection, not more than 13.5 per8 cent for any fiscal year shall be available for paying the

9 costs of administration for such project, except that—

10 ‘‘(A) whenever the Secretary determines that it

11 is necessary to carry out the project assisted under

12 this title, based on information submitted by the

13 grantee with which the Secretary has an agreement

14 under subsection (b), the Secretary may increase the

15 amount available for paying the cost of administra16 tion to an amount not more than 15 percent of the

17 cost of such project; and

18 ‘‘(B) whenever the grantee with which the Sec19 retary has an agreement under subsection (b) dem20 onstrates to the Secretary that—

21 ‘‘(i) major administrative cost increases

22 are being incurred in necessary program compo23 nents, including liability insurance, payments

24 for workers’ compensation, costs associated

25 with achieving unsubsidized placement goals,
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1 and other operation requirements imposed by

2 the Secretary;

3 ‘‘(ii) the number of employment positions

4 in the project or the number of minority eligible

5 individuals participating in the project will de6 cline if the amount available for paying the cost

7 of administration is not increased; or

8 ‘‘(iii) the size of the project is so small that

9 the amount of administrative expenses incurred

10 to carry out the project necessarily exceeds 13.5

11 percent of the amount for such project;

12 the Secretary shall increase the amount available for

13 the fiscal year for paying the cost of administration

14 to an amount not more than 15 percent of the cost

15 of such project.

16 ‘‘(4) The costs of administration are the costs, both

17 personnel and non-personnel and both direct and indirect,

18 associated with the following:

19 ‘‘(A) The costs of performing overall general

20 administrative functions and providing for the co21 ordination of functions, such as—

22 ‘‘(i) accounting, budgeting, financial, and

23 cash management functions;

24 ‘‘(ii) procurement and purchasing func25 tions;
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1 ‘‘(iii) property management functions;

2 ‘‘(iv) personnel management functions;

3 ‘‘(v) payroll functions;

4 ‘‘(vi) coordinating the resolution of find5 ings arising from audits, reviews, investigations,

6 and incident reports;

7 ‘‘(vii) audit functions;

8 ‘‘(viii) general legal services functions; and

9 ‘‘(ix) developing systems and procedures,

10 including information systems, required for

11 these administrative functions.

12 ‘‘(B) The costs of performing oversight and

13 monitoring responsibilities related to administrative

14 functions.

15 ‘‘(C) The costs of goods and services required

16 for administrative functions of the program, includ17 ing goods and services such as rental or purchase of

18 equipment, utilities, office supplies, postage, and

19 rental and maintenance of office space.

20 ‘‘(D) The travel costs incurred for official busi21 ness in carrying out administrative activities or over22 all management.

23 ‘‘(E) The costs of information systems related

24 to administrative functions (for example, personnel,

25 procurement, purchasing, property management, ac-
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1 counting, and payroll systems) including the pur2 chase, systems development, and operating costs of

3 such systems.

4 ‘‘(5) To the extent practicable, an entity that carries

5 out a project under this title shall provide for the payment

6 of the expenses described in paragraph (4) from non-Fed7 eral sources.

8 ‘‘(6)(A) Amounts made available for a project under

9 this title that are not used to pay for the cost of adminis10 tration shall be used to pay for the costs of programmatic

11 activities, including—

12 ‘‘(i) enrollee wages and fringe benefits (includ13 ing physical examinations);

14 ‘‘(ii) enrollee training, which may be provided

15 prior to or subsequent to placement, including the

16 payment of reasonable costs of instructors, class17 room rental, training supplies, materials, equipment,

18 and tuition, and which may be provided on the job,

19 in a classroom setting, or pursuant to other appro20 priate arrangements;

21 ‘‘(iii) job placement assistance, including job de22 velopment and job search assistance;

23 ‘‘(iv) enrollee supportive services to assist an

24 enrollee to successfully participate in a project under

25 this title, including the payment of reasonable costs
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1 of transportation, health care and medical services,

2 special job-related or personal counseling, incidentals

3 (such as work shoes, badges, uniforms, eyeglasses,

4 and tools), child and adult care, temporary shelter,

5 and followup services; and

6 ‘‘(v) outreach, recruitment and selection, intake,

7 orientation, and assessments.

8 ‘‘(B) Not less than 75 percent of the funds made

9 available through a grant made under this title shall be

10 used to pay wages and benefits for older individuals who

11 are employed under projects carried out under this title.

12 ‘‘(d) Whenever a grantee conducts a project within

13 a planning and service area in a State, such grantee shall

14 conduct such project in consultation with the area agency

15 on aging of the planning and service area and shall submit

16 to the State agency and the area agency on aging a de17 scription of such project to be conducted in the State, in18 cluding the location of the project, 90 days prior to under19 taking the project, for review and public comment accord20 ing to guidelines the Secretary shall issue to assure effi21 cient and effective coordination of programs under this

22 title.

23 ‘‘(e)(1) The Secretary, in addition to any other au24 thority contained in this title, shall conduct projects de25 signed to assure second career training and the placement
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1 of eligible individuals in employment opportunities with

2 private business concerns. The Secretary shall enter into

3 such agreements with States, public agencies, nonprofit

4 private organizations, and private business concerns as

5 may be necessary, to conduct the projects authorized by

6 this subsection to assure that placement and training. The

7 Secretary, from amounts reserved under section 506(a)(1)

8 in any fiscal year, may pay all of the costs of any agree9 ments entered into under the provisions of this subsection.

10 The Secretary shall, to the extent feasible, assure equi11 table geographic distribution of projects authorized by this

12 subsection.

13 ‘‘(2) The Secretary shall issue, and amend from time

14 to time, criteria designed to assure that agreements en15 tered into under paragraph (1) of this subsection—

16 ‘‘(A) will involve different kinds of work modes,

17 such as flex-time, job sharing, and other arrange18 ments relating to reduced physical exertion;

19 ‘‘(B) will emphasize projects involving second

20 careers and job placement and give consideration to

21 placement in growth industries in jobs reflecting new

22 technological skills; and

23 ‘‘(C) require the coordination of projects carried

24 out under such agreements, with the programs car-
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1 ried out under title I of the Workforce Investment

2 Act of 1998.

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

4 evaluations of the activities authorized under this title,

5 which may include but are not limited to projects de6 scribed in subsection (e).

7 ‘‘SEC. 503. ADMINISTRATION.

8 ‘‘(a) STATE SENIOR EMPLOYMENT SERVICES CO9 ORDINATION PLAN.—

10 ‘‘(1) GOVERNOR SUBMITS PLAN.—The Gov11 ernor of each State shall submit annually to the Sec12 retary a State Senior Employment Services Coordi13 nation Plan, containing such provisions as the Sec14 retary may require, consistent with the provisions of

15 this title, including a description of the process used

16 to ensure the participation of individuals described

17 in paragraph (2).

18 ‘‘(2) RECOMMENDATIONS.—In developing the

19 State plan prior to its submission to the Secretary,

20 the Governor shall obtain the advice and rec21 ommendations of—

22 ‘‘(A) individuals representing the State

23 and area agencies on aging in the State, and

24 the State and local workforce investment boards
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1 established under title I of the Workforce In2 vestment Act of 1998 (29 U.S.C. 2801 et seq.);

3 ‘‘(B) individuals representing public and

4 private nonprofit agencies and organizations

5 providing employment services, including each

6 grantee operating a project under this title in

7 the State; and

8 ‘‘(C) individuals representing social service

9 organizations providing services to older individ10 uals, grantees under title III of this Act, af11 fected communities, underserved older individ12 uals, community-based organizations serving

13 the needs of older individuals, business organi14 zations, and labor organizations.

15 ‘‘(3) COMMENTS.—Any State plan submitted by

16 a Governor in accordance with paragraph (1) shall

17 be accompanied by copies of public comments relat18 ing to the plan received pursuant to paragraph (4)

19 and a summary thereof.

20 ‘‘(4) PLAN PROVISIONS.—The State Senior Em21 ployment Services Coordination Plan shall identify

22 and address—

23 ‘‘(A) the relationship that the number of

24 eligible individuals in each area bears to the
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1 total number of eligible individuals, respectively,

2 in that State;

3 ‘‘(B) the relative distribution of individuals

4 residing in rural and urban areas within the

5 State;

6 ‘‘(C) the relative distribution of—

7 ‘‘(i) eligible individuals who are indi8 viduals with greatest economic need;

9 ‘‘(ii) eligible individuals who are mi10 nority individuals; and

11 ‘‘(iii) eligible individuals who are indi12 viduals with greatest social need;

13 ‘‘(D) consideration of the employment situ14 ations and the type of skills possessed by local

15 eligible individuals;

16 ‘‘(E) the localities and populations for

17 which community service projects of the type

18 authorized by this title are most needed; and

19 ‘‘(F) plans for facilitating the coordination

20 of activities of grantees in the State under this

21 title with activities carried out in the State

22 under title I of the Workforce Investment Act

23 of 1998.

24 ‘‘(5) GOVERNOR’S RECOMMENDATIONS ON

25 GRANT PROPOSALS.—Prior to the submission to the
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1 Secretary of any proposal for a grant under this title

2 for any fiscal year, the Governor of each State in

3 which projects are proposed to be conducted under

4 such grant shall be afforded a reasonable oppor5 tunity to submit recommendations to the

6 Secretary—

7 ‘‘(A) regarding the anticipated effect of

8 each such proposal upon the overall distribution

9 of enrollment positions under this title within

10 the State (including such distribution among

11 urban and rural areas), taking into account the

12 total number of positions to be provided by all

13 grantees within the State;

14 ‘‘(B) any recommendations for redistribu15 tion of positions to underserved areas as vacan16 cies occur in previously encumbered positions in

17 other areas; and

18 ‘‘(C) in the case of any increase in funding

19 that may be available for use within the State

20 under this title for any fiscal year, any rec21 ommendations for distribution of newly avail22 able positions in excess of those available dur23 ing the preceding year to underserved areas.

24 ‘‘(6) DISRUPTIONS.—In developing plans and

25 considering recommendations under this subsection,
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1 disruptions in the provision of community service

2 employment opportunities for current enrollees shall

3 be avoided, to the greatest possible extent.

4 ‘‘(7) DETERMINATION; REVIEW.—

5 ‘‘(A) DETERMINATION.—In order to effec6 tively carry out the provisions of this title, each

7 State shall make available for public comment

8 its senior employment services coordination

9 plan. The Secretary, in consultation with the

10 Assistant Secretary, shall review the plan and

11 public comments received on the plan, and

12 make a written determination with findings and

13 a decision regarding the plan.

14 ‘‘(B) REVIEW.—The Secretary may review

15 on the Secretary’s own initiative or at the re16 quest of any public or private agency or organi17 zation, or an agency of the State government,

18 the distribution of projects and services under

19 this title within the State including the distribu20 tion between urban and rural areas within the

21 State. For each proposed reallocation of

22 projects or services within a State, the Sec23 retary shall give notice and opportunity for pub24 lic comment.
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1 ‘‘(8) EXEMPTION.—The grantees serving older

2 American Indians under section 506(a)(3) will not

3 be required to participate in the State planning

4 processes described in this section but will collabo5 rate with the Secretary to develop a plan for projects

6 and services to older American Indians.

7 ‘‘(b)(1) The Secretary of Labor and the Assistant

8 Secretary shall coordinate the programs under this title

9 and the programs under other titles of this Act to increase

10 job opportunities available to older individuals.

11 ‘‘(2) The Secretary shall coordinate the program as12 sisted under this title with programs authorized under the

13 Workforce Investment Act of 1998, the Community Serv14 ices Block Grant Act, the Rehabilitation Act of 1973 (as

15 amended by the Rehabilitation Act Amendments of 1998

16 (29 U.S.C. 701 et seq.)), the Carl D. Perkins Vocational

17 and Technical Education Act of 1998 (20 U.S.C. 2301

18 et seq.), the National and Community Service Act of 1990

19 (42 U.S.C. 12501 et seq.), and the Domestic Volunteer

20 Service Act of 1973 (42 U.S.C. 4950 et seq.). The Sec21 retary shall coordinate the administration of this title with

22 the administration of other titles of this Act by the Assist23 ant Secretary to increase the likelihood that eligible indi24 viduals for whom employment opportunities under this

25 title are available and who need services under such titles
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1 receive such services. Appropriations under this title shall

2 not be used to carry out any program under the Workforce

3 Investment Act of 1998, the Community Services Block

4 Grant Act, the Rehabilitation Act of 1973 (as amended

5 by the Rehabilitation Act Amendments of 1998), the Carl

6 D. Perkins Vocational and Technical Education Act of

7 1998, the National and Community Service Act of 1990,

8 or the Domestic Volunteer Service Act of 1973. The pre9 ceding sentence shall not be construed to prohibit carrying

10 out projects under this title jointly with programs,

11 projects, or activities under any Act specified in such sen12 tence, or from carrying out section 512.

13 ‘‘(3) The Secretary shall distribute to grantees under

14 this title, for distribution to program enrollees, and at no

15 cost to grantees or enrollees, informational materials de16 veloped and supplied by the Equal Employment Oppor17 tunity Commission and other appropriate Federal agencies

18 which the Secretary determines are designed to help en19 rollees identify age discrimination and understand their

20 rights under the Age Discrimination in Employment Act

21 of 1967.

22 ‘‘(c) In carrying out the provisions of this title, the

23 Secretary is authorized to use, with their consent, the

24 services, equipment, personnel, and facilities of Federal

25 and other agencies with or without reimbursement, and
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1 on a similar basis to cooperate with other public and pri2 vate agencies and instrumentalities in the use of services,

3 equipment, and facilities.

4 ‘‘(d) Payments under this title may be made in ad5 vance or by way of reimbursement and in such install6 ments as the Secretary may determine.

7 ‘‘(e) The Secretary shall not delegate any function of

8 the Secretary under this title to any other department or

9 agency of the Federal Government.

10 ‘‘(f)(1) The Secretary shall monitor projects receiving

11 financial assistance under this title to determine whether

12 the grantees are complying with the provisions of and reg13 ulations issued under this title, including compliance with

14 the statewide planning, consultation, and coordination

15 provisions under this title.

16 ‘‘(2) Each grantee receiving funds under this title

17 shall comply with the applicable uniform cost principles

18 and appropriate administrative requirements for grants

19 and contracts that are applicable to the type of entity re20 ceiving funds, as issued as circulars or rules of the Office

21 of Management and Budget.

22 ‘‘(3) Each grantee described in paragraph (2) shall

23 prepare and submit a report in such manner and con24 taining such information as the Secretary may require re25 garding activities carried out under this title.
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1 ‘‘(4) Each grantee described in paragraph (2) shall

2 keep records that—

3 ‘‘(A) are sufficient to permit the preparation of

4 reports required pursuant to this title;

5 ‘‘(B) are sufficient to permit the tracing of

6 funds to a level of expenditure adequate to ensure

7 that the funds have not been spent unlawfully; and

8 ‘‘(C) contain any other information that the

9 Secretary determines to be appropriate.

10 ‘‘(g) The Secretary shall establish by regulation and

11 implement a process to evaluate the performance of

12 projects and services, pursuant to section 513, carried out

13 under this title. The Secretary shall report to Congress

14 and make available to the public the results of each such

15 evaluation and use such evaluation to improve services de16 livered, or the operation of projects carried out under this

17 title.

18 ‘‘SEC. 504. PARTICIPANTS NOT FEDERAL EMPLOYEES.

19 ‘‘(a) Eligible individuals who are employed in any

20 project funded under this title shall not be considered to

21 be Federal employees as a result of such employment and

22 shall not be subject to the provisions of part III of title

23 5, United States Code.

24 ‘‘(b) No contract shall be entered into under this title

25 with a contractor who is, or whose employees are, under
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1 State law, exempted from operation of the State work2 men’s compensation law, generally applicable to employ3 ees, unless the contractor shall undertake to provide either

4 through insurance by a recognized carrier or by self-insur5 ance, as authorized by State law, that the persons em6 ployed under the contract shall enjoy workmen’s com7 pensation coverage equal to that provided by law for cov8 ered employment.

9 ‘‘SEC. 505. INTERAGENCY COOPERATION.

10 ‘‘(a) The Secretary shall consult with, and obtain the

11 written views of, the Assistant Secretary for Aging in the

12 Department of Health and Human Services prior to the

13 establishment of rules or the establishment of general pol14 icy in the administration of this title.

15 ‘‘(b) The Secretary shall consult and cooperate with

16 the Director of the Office of Community Services, the Sec17 retary of Health and Human Services, and the heads of

18 other Federal agencies carrying out related programs, in

19 order to achieve optimal coordination with such other pro20 grams. In carrying out the provisions of this section, the

21 Secretary shall promote programs or projects of a similar

22 nature. Each Federal agency shall cooperate with the Sec23 retary in disseminating information relating to the avail24 ability of assistance under this title and in promoting the
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1 identification and interests of individuals eligible for em2 ployment in projects assisted under this title.

3 ‘‘(c)(1) The Secretary shall promote and coordinate

4 carrying out projects under this title jointly with pro5 grams, projects, or activities under other Acts, especially

6 activities provided under the Workforce Investment Act of

7 1998 (29 U.S.C. 2801 et seq.), including activities pro8 vided through one-stop delivery systems established under

9 section 134(c) of such Act (29 U.S.C. 2864(c)), that pro10 vide training and employment opportunities to eligible in11 dividuals.

12 ‘‘(2) The Secretary shall consult with the Secretary

13 of Education to promote and coordinate carrying out

14 projects under this title jointly with workforce investment

15 activities in which eligible individuals may participate that

16 are carried out under the Carl D. Perkins Vocational and

17 Technical Education Act of 1998.

18 ‘‘SEC. 506. DISTRIBUTION OF ASSISTANCE.

19 ‘‘(a) RESERVATIONS.—

20 ‘‘(1) RESERVATION FOR PRIVATE EMPLOYMENT

21 PROJECTS.—From sums appropriated under this

22 title for each fiscal year, the Secretary shall first re23 serve not more than 1.5 percent of the total amount

24 of such sums for the purpose of entering into agree-
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1 ments under section 502(e), relating to improved

2 transition to private employment.

3 ‘‘(2) RESERVATION FOR TERRITORIES.—From

4 sums appropriated under this title for each fiscal

5 year, the Secretary shall reserve 0.75 percent of the

6 total amount of such sums, of which—

7 ‘‘(A) Guam, American Samoa, and the

8 United States Virgin Islands shall each receive

9 30 percent; and

10 ‘‘(B) the Commonwealth of the Northern

11 Mariana Islands shall receive 10 percent.

12 ‘‘(3) RESERVATION FOR ORGANIZATIONS.—The

13 Secretary shall reserve such sums as may be nec14 essary for national grants with public or nonprofit

15 national Indian aging organizations with the ability

16 to provide employment services to older Indians and

17 with national public or nonprofit Pacific Island and

18 Asian American aging organizations with the ability

19 to provide employment to older Pacific Island and

20 Asian Americans.

21 ‘‘(b) STATE ALLOTMENTS.—The allotment for each

22 State shall be the sum of the amounts allotted for national

23 grants in such State under subsection (d) and for the

24 grant to such State under subsection (e).
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1 ‘‘(c) DIVISION BETWEEN NATIONAL GRANTS AND

2 GRANTS TO STATES.—From the sums appropriated to

3 carry out this title for any fiscal year that remain after

4 amounts are reserved under paragraphs (1), (2), and (3)

5 of subsection (a), the Secretary shall divide the remainder

6 between national grants and grants to States, as follows:

7 ‘‘(1) RESERVATION OF FUNDS FOR FISCAL

8 YEAR 2000 LEVEL OF ACTIVITIES.—The Secretary

9 shall reserve the amounts necessary to maintain the

10 fiscal year 2000 level of activities supported by pub11 lic and private nonprofit agency and organization

12 grantees that operate under this title under national

13 grants from the Secretary, and the fiscal year 2000

14 level of activities supported by State grantees under

15 this title, in proportion to their respective fiscal year

16 2000 levels of activities. In any fiscal year for which

17 the appropriations are insufficient to provide the full

18 amounts so required, then such amounts shall be re19 duced proportionally.

20 ‘‘(2) FUNDING IN EXCESS OF FISCAL YEAR 2000

21 LEVEL OF ACTIVITIES.—

22 ‘‘(A) UP TO $35,000,000.—From the

23 amounts remaining after the application of

24 paragraph (1), the portion of such remaining

25 amounts up to the sum of $35,000,000 shall be
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1 divided so that 75 percent shall be provided to

2 State grantees and 25 percent shall be provided

3 to public and private nonprofit agency and or4 ganization grantees that operate under this title

5 under national grants from the Secretary.

6 ‘‘(B) OVER $35,000,000.—Any amounts re7 maining after the application of subparagraph

8 (A) shall be divided so that 50 percent shall be

9 provided to State grantees and 50 percent shall

10 be provided to public and private nonprofit

11 agency and organization grantees that operate

12 under this title under national grants from the

13 Secretary.

14 ‘‘(d) ALLOTMENTS FOR NATIONAL GRANTS.—From

15 the sums provided for national grants under subsection

16 (c), the Secretary shall allot for public and private non17 profit agency and organization grantees that operate

18 under this title under national grants from the Secretary

19 in each State, an amount that bears the same ratio to

20 such sums as the product of the number of persons aged

21 55 or over in the State and the allotment percentage of

22 such State bears to the sum of the corresponding product

23 for all States, except as follows:

24 ‘‘(1) MINIMUM ALLOTMENT.—No State shall be

25 provided an amount under this subsection that is
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less than 1 1 ⁄2 of 1 percent of the amount provided

2 under subsection (c) for public and private nonprofit

3 agency and organization grantees that operate under

4 this title under national grants from the Secretary

5 in all of the States.

6 ‘‘(2) HOLD HARMLESS.—If the amount pro7 vided under subsection (c) is—

8 ‘‘(A) equal to or less than the amount nec9 essary to maintain the fiscal year 2000 level of

10 activities, allotments for public and private non11 profit agency and organization grantees that

12 operate under this title under national grants

13 from the Secretary in each State shall be pro14 portional to their fiscal year 2000 level of ac15 tivities; or

16 ‘‘(B) greater than the amount necessary to

17 maintain the fiscal year 2000 level of activities,

18 no State shall be provided a percentage increase

19 above the fiscal year 2000 level of activities for

20 public and private nonprofit agency and organi21 zation grantees that operate under this title

22 under national grants from the Secretary in the

23 State that is less than 30 percent of such per24 centage increase above the fiscal year 2000 level

25 of activities for public and private nonprofit
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1 agency and organization grantees that operate

2 under this title under national grants from the

3 Secretary in all of the States.

4 ‘‘(3) REDUCTION.—Allotments for States not

5 affected by paragraphs (1) and (2)(B) of this sub6 section shall be reduced proportionally to satisfy the

7 conditions in such paragraphs.

8 ‘‘(e) ALLOTMENTS FOR GRANTS TO STATES.—From

9 the sums provided for grants to States under subsection

10 (c), the Secretary shall allot for the State grantee in each

11 State an amount that bears the same ratio to such sums

12 as the product of the number of persons aged 55 or over

13 in the State and the allotment percentage of such State

14 bears to the sum of the corresponding product for all

15 States, except as follows:

16 ‘‘(1) MINIMUM ALLOTMENT.—No State shall be

17 provided an amount under this subsection that is

less than 1 18 ⁄2 of 1 percent of the amount provided

19 under subsection (c) for State grantees in all of the

20 States.

21 ‘‘(2) HOLD HARMLESS.—If the amount pro22 vided under subsection (c) is—

23 ‘‘(A) equal to or less than the amount nec24 essary to maintain the fiscal year 2000 level of

25 activities, allotments for State grantees in each
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1 State shall be proportional to their fiscal year

2 2000 level of activities; or

3 ‘‘(B) greater than the amount necessary to

4 maintain the fiscal year 2000 level of activities,

5 no State shall be provided a percentage increase

6 above the fiscal year 2000 level of activities for

7 State grantees in the State that is less than 30

8 percent of such percentage increase above the

9 fiscal year 2000 level of activities for State

10 grantees in all of the States.

11 ‘‘(3) REDUCTION.—Allotments for States not

12 affected by paragraphs (1) and (2)(B) of this sub13 section shall be reduced proportionally to satisfy the

14 conditions in such paragraphs.

15 ‘‘(f) ALLOTMENT PERCENTAGE.—For the purposes

16 of subsections (d) and (e)—

17 ‘‘(1) the allotment percentage of each State

18 shall be 100 percent less that percentage which

19 bears the same ratio to 50 percent as the per capita

20 income of such State bears to the per capita income

21 of the United States, except that (A) the allotment

22 percentage shall in no case be more than 75 percent

23 or less than 33 percent, and (B) the allotment per24 centage for the District of Columbia and the Com25 monwealth of Puerto Rico shall be 75 percent;
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1 ‘‘(2) the number of persons aged 55 or over in

2 any State and in all States, and the per capita in3 come in any State and in all States, shall be deter4 mined by the Secretary on the basis of the most sat5 isfactory data available to the Secretary; and

6 ‘‘(3) for the purpose of determining the allot7 ment percentage, the term ‘United States’ means

8 the 50 States and the District of Columbia.

9 ‘‘(g) DEFINITIONS.—In this section:

10 ‘‘(1) COST PER AUTHORIZED POSITION.—The

11 term ‘cost per authorized position’ means the sum

12 of—

13 ‘‘(A) the hourly minimum wage rate speci14 fied in section 6(a)(1) of the Fair Labor Stand15 ards Act of 1938 (29 U.S.C. 206(a)(1)) (as

16 amended), multiplied by the number of hours

17 equal to the product of 21 hours and 52 weeks;

18 ‘‘(B) an amount equal to 11 percent of the

19 amount specified under subparagraph (A), for

20 the purpose of covering Federal payments for

21 fringe benefits; and

22 ‘‘(C) an amount determined by the Sec23 retary, for the purpose of covering Federal pay24 ments for the remainder of all other program

25 and administrative costs.
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1 ‘‘(2) FISCAL YEAR 2000 LEVEL OF ACTIVI2 TIES.—The term ‘fiscal year 2000 level of activities’

3 means—

4 ‘‘(A) with respect to public and private

5 nonprofit agency and organization grantees that

6 operate under this title under national grants

7 from the Secretary, their level of activities for

8 fiscal year 2000, or the amount remaining after

9 the application of section 514(e); and

10 ‘‘(B) with respect to State grantees, their

11 level of activities for fiscal year 2000, or the

12 amount remaining after the application of sec13 tion 514(f).

14 ‘‘(3) GRANTS TO STATES.—The term ‘grants to

15 States’ means grants under this title to the States

16 from the Secretary.

17 ‘‘(4) LEVEL OF ACTIVITIES.—The term ‘level of

18 activities’ means the number of authorized positions

19 multiplied by the cost per authorized position.

20 ‘‘(5) NATIONAL GRANTS.—The term ‘national

21 grants’ means grants to public and private nonprofit

22 agency and organization grantees that operate under

23 this title under national grants from the Secretary.

24 ‘‘(6) STATE.—The term ‘State’ does not include

25 Guam, American Samoa, the Commonwealth of the
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1 Northern Mariana Islands, and the United States

2 Virgin Islands.

3 ‘‘SEC. 507. EQUITABLE DISTRIBUTION.

4 ‘‘(a) INTERSTATE ALLOCATION.—The Secretary, in

5 awarding grants and contracts under section 506, shall,

6 to the extent feasible, assure an equitable distribution of

7 activities under such grants and contracts, in the aggre8 gate, among the States, taking into account the needs of

9 underserved States.

10 ‘‘(b) INTRASTATE ALLOCATION.—The amount allo11 cated for projects within each State under section 506

12 shall be allocated among areas within the State in an equi13 table manner, taking into consideration the State prior14 ities set out in the State plan pursuant to section 503(a).

15 ‘‘SEC. 508. REPORT.

16 ‘‘In order to carry out the Secretary’s responsibilities

17 for reporting in section 503(g), the Secretary shall require

18 the State agency for each State receiving funds under this

19 title to prepare and submit a report at the beginning of

20 each fiscal year on such State’s compliance with section

21 507(b). Such report shall include the names and geo22 graphic location of all projects assisted under this title and

23 carried out in the State and the amount allocated to each

24 such project under section 506.
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1 ‘‘SEC. 509. EMPLOYMENT ASSISTANCE AND FEDERAL HOUS2 ING AND FOOD STAMP PROGRAMS.

3 ‘‘Funds received by eligible individuals from projects

4 carried out under the program established in this title

5 shall not be considered to be income of such individuals

6 for purposes of determining the eligibility of such individ7 uals, or of any other persons, to participate in any housing

8 program for which Federal funds may be available or for

9 any income determination under the Food Stamp Act of

10 1977.

11 ‘‘SEC. 510. ELIGIBILITY FOR WORKFORCE INVESTMENT AC12 TIVITIES.

13 ‘‘Eligible individuals under this title may be deemed

14 by local workforce investment boards established under

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

16 the requirements for receiving services under such title

17 that are applicable to adults.

18 ‘‘SEC. 511. TREATMENT OF ASSISTANCE.

19 ‘‘Assistance furnished under this title shall not be

20 construed to be financial assistance described in section

21 245A(h)(1)(A) of the Immigration and Nationality Act (8

22 U.S.C. 1255A(h)(1)(A)).

23 ‘‘SEC. 512. COORDINATION WITH THE WORKFORCE INVEST24 MENT ACT OF 1998.

25 ‘‘(a) PARTNERS.—Grantees under this title shall be

26 one-stop partners as described in subparagraphs (A) and
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1 (B)(vi) of section 121(b)(1) of the Workforce Investment

2 Act of 1998 (29 U.S.C. 2841(b)(1)) in the one-stop deliv3 ery system established under section 134(c) of such Act

4 (29 U.S.C. 2864(c)) for the appropriate local workforce

5 investment areas, and shall carry out the responsibilities

6 relating to such partners.

7 ‘‘(b) COORDINATION.—In local workforce investment

8 areas where more than 1 grantee under this title provides

9 services, the grantees shall coordinate their activities re10 lated to the one-stop delivery system, and grantees shall

11 be signatories of the memorandum of understanding es12 tablished under section 121(c) of the Workforce Invest13 ment Act of 1998 (29 U.S.C. 2841(c)).

14 ‘‘SEC. 513. PERFORMANCE.

15 ‘‘(a) MEASURES.—

16 ‘‘(1) ESTABLISHMENT OF MEASURES.—The

17 Secretary shall establish, in consultation with grant18 ees, subgrantees±, and host agencies under this title,

19 States, older individuals, area agencies on aging, and

20 other organizations serving older individuals, per21 formance measures for each grantee for projects and

22 services carried out under this title.

23 ‘‘(2) CONTENT.—

24 ‘‘(A) COMPOSITION OF MEASURES.—The

25 performance measures as established by the
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1 Secretary and described in paragraph (1) shall

2 consist of indicators of performance and levels

3 of performance applicable to each indicator.

4 The measures shall be designed to promote con5 tinuous improvement in performance.

6 ‘‘(B) ADJUSTMENT.—The levels of per7 formance described in subparagraph (A) appli8 cable to a grantee shall be adjusted only with

9 respect to the following factors:

10 ‘‘(i) High rates of unemployment, pov11 erty, or welfare recipiency in the areas

12 served by a grantee, relative to other areas

13 of the State or Nation.

14 ‘‘(ii) Significant downturns in the

15 areas served by the grantee or in the na16 tional economy.

17 ‘‘(iii) Significant numbers or propor18 tions of enrollees with 1 or more barriers

19 to employment served by a grantee relative

20 to grantees serving other areas of the

21 State or Nation.

22 ‘‘(C) PLACEMENT.—For all grantees, the

23 Secretary shall establish a measure of perform24 ance of not less than 20 percent (adjusted in

25 accordance with subparagraph (B)) for place-
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1 ment of enrollees into unsubsidized public or

2 private employment as defined in subsection

3 (c)(2).

4 ‘‘(3) PERFORMANCE EVALUATION OF PUBLIC

5 OR PRIVATE NONPROFIT AGENCIES AND ORGANIZA6 TIONS.—The Secretary shall annually establish na7 tional performance measures for each public or pri8 vate nonprofit agency or organization that is a

9 grantee under this title, which shall be applicable to

10 the grantee without regard to whether such grantee

11 operates the program directly or through contracts,

12 grants, or agreements with other entities. The per13 formance of the grantees with respect to such meas14 ures shall be evaluated in accordance with section

15 514(e)(1) regarding performance of the grantees on

16 a national basis, and in accordance with section

17 514(e)(3) regarding the performance of the grantees

18 in each State.

19 ‘‘(4) PERFORMANCE EVALUATION OF STATES.—

20 The Secretary shall annually establish performance

21 measures for each State that is a grantee under this

22 title, which shall be applicable to the State grantee

23 without regard to whether such grantee operates the

24 program directly or through contracts, grants, or

25 agreements with other entities. The performance of
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1 the State grantees with respect to such measures

2 shall be evaluated in accordance with section 514(f).

3 ‘‘(5) LIMITATION.—An agreement to be evalu4 ated on the performance measures shall be a re5 quirement for application for, and a condition of, all

6 grants authorized by this title.

7 ‘‘(b) REQUIRED INDICATORS.—The indicators de8 scribed in subsection (a) shall include—

9 ‘‘(1) the number of persons served, with par10 ticular consideration given to individuals with great11 est economic need, greatest social need, or poor em12 ployment history or prospects, and individuals who

13 are over the age of 60;

14 ‘‘(2) community services provided;

15 ‘‘(3) placement into and retention in unsub16 sidized public or private employment;

17 ‘‘(4) satisfaction of the enrollees, employers,

18 and their host agencies with their experiences and

19 the services provided; and

20 ‘‘(5) any additional indicators of performance

21 that the Secretary determines to be appropriate to

22 evaluate services and performance.

23 ‘‘(c) DEFINITIONS OF INDICATORS.—

24 ‘‘(1) IN GENERAL.—The Secretary, after con25 sultation with national and State grantees, rep-
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1 resentatives of business and labor organizations, and

2 providers of services, shall, by regulation, issue defi3 nitions of the indicators of performance described in

4 subsection (b).

5 ‘‘(2) DEFINITIONS OF CERTAIN TERMS.—In

6 this section:

7 ‘‘(A) PLACEMENT INTO PUBLIC OR PRI8 VATE UNSUBSIDIZED EMPLOYMENT.—The term

9 ‘placement into public or private unsubsidized

10 employment’ means full- or part-time paid em11 ployment in the public or private sector by an

12 enrollee under this title for 30 days within a

13 90-day period without the use of funds under

14 this title or any other Federal or State employ15 ment subsidy program, or the equivalent of

16 such employment as measured by the earnings

17 of an enrollee through the use of wage records

18 or other appropriate methods.

19 ‘‘(B) RETENTION IN PUBLIC OR PRIVATE

20 UNSUBSIDIZED EMPLOYMENT.—The term ‘re21 tention in public or private unsubsidized em22 ployment’ means full- or part-time paid employ23 ment in the public or private sector by an en24 rollee under this title for 6 months after the

25 starting date of placement into unsubsidized
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1 employment without the use of funds under this

2 title or any other Federal or State employment

3 subsidy program.

4 ‘‘(d) CORRECTIVE EFFORTS.—A State or other

5 grantee that does not achieve the established levels of per6 formance on the performance measures shall submit to the

7 Secretary, for approval, a plan of correction as described

8 in subsection (e) or (f) of section 514 to achieve the estab9 lished levels of performance.

10 ‘‘SEC. 514. COMPETITIVE REQUIREMENTS RELATING TO

11 GRANT AWARDS.

12 ‘‘(a) PROGRAM AUTHORIZED.—In accordance with

13 section 502(b), the Secretary shall award grants to eligible

14 applicants to carry out projects under this title for a pe15 riod of 1 year, except that, after the promulgation of regu16 lations for this title and the establishment of the perform17 ance measures required by section 513(a), the Secretary

18 shall award grants for a period of not to exceed 3 years.

19 ‘‘(b) ELIGIBLE APPLICANTS.—An applicant shall be

20 eligible to receive a grant under subsection (a) in accord21 ance with section 502(b)(1), and subsections (c) and (d).

22 ‘‘(c) CRITERIA.—The Secretary shall select the eligi23 ble applicants to receive grants under subsection (a) based

24 on the following:
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1 ‘‘(1) The applicant’s ability to administer a pro2 gram that serves the greatest number of eligible in3 dividuals, giving particular consideration to individ4 uals with greatest economic need, greatest social

5 need, poor employment history or prospects, and

6 over the age of 60.

7 ‘‘(2) The applicant’s ability to administer a pro8 gram that provides employment for eligible individ9 uals in the communities in which such individuals

10 reside, or in nearby communities, that will con11 tribute to the general welfare of the community.

12 ‘‘(3) The applicant’s ability to administer a pro13 gram that moves eligible individuals into unsub14 sidized employment.

15 ‘‘(4) The applicant’s ability to move individuals

16 with multiple barriers to employment into unsub17 sidized employment.

18 ‘‘(5) The applicant’s ability to coordinate with

19 other organizations at the State and local level.

20 ‘‘(6) The applicant’s plan for fiscal manage21 ment of the program to be administered with funds

22 received under this section.

23 ‘‘(7) Any additional criteria that the Secretary

24 deems appropriate in order to minimize disruption

25 for current enrollees.
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1 ‘‘(d) RESPONSIBILITY TESTS.—

2 ‘‘(1) IN GENERAL.—Before final selection of a

3 grantee, the Secretary shall conduct a review of

4 available records to assess the applicant’s overall re5 sponsibility to administer Federal funds.

6 ‘‘(2) REVIEW.—As part of the review described

7 in paragraph (1), the Secretary may consider any in8 formation, including the organization’s history with

9 regard to the management of other grants.

10 ‘‘(3) FAILURE TO SATISFY TEST.—The failure

11 to satisfy any 1 responsibility test that is listed in

12 paragraph (4), except for those listed in subpara13 graphs (A) and (B) of such paragraph, does not es14 tablish that the organization is not responsible un15 less such failure is substantial or persistent (for 2 or

16 more consecutive years).

17 ‘‘(4) TEST.—The responsibility tests include re18 view of the following factors:

19 ‘‘(A) Efforts by the organization to recover

20 debts, after 3 demand letters have been sent,

21 that are established by final agency action and

22 have been unsuccessful, or that there has been

23 failure to comply with an approved repayment

24 plan.
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1 ‘‘(B) Established fraud or criminal activity

2 of a significant nature within the organization.

3 ‘‘(C) Serious administrative deficiencies

4 identified by the Secretary, such as failure to

5 maintain a financial management system as re6 quired by Federal regulations.

7 ‘‘(D) Willful obstruction of the audit proc8 ess.

9 ‘‘(E) Failure to provide services to appli10 cants as agreed to in a current or recent grant

11 or to meet applicable performance measures.

12 ‘‘(F) Failure to correct deficiencies

13 brought to the grantee’s attention in writing as

14 a result of monitoring activities, reviews, assess15 ments, or other activities.

16 ‘‘(G) Failure to return a grant closeout

17 package or outstanding advances within 90

18 days of the grant expiration date or receipt of

19 closeout package, whichever is later, unless an

20 extension has been requested and granted.

21 ‘‘(H) Failure to submit required reports.

22 ‘‘(I) Failure to properly report and dispose

23 of government property as instructed by the

24 Secretary.
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1 ‘‘(J) Failure to have maintained effective

2 cash management or cost controls resulting in

3 excess cash on hand.

4 ‘‘(K) Failure to ensure that a subrecipient

5 complies with its Office of Management and

6 Budget Circular A–133 audit requirements

7 specified at section 667.200(b) of title 20, Code

8 of Federal Regulations.

9 ‘‘(L) Failure to audit a subrecipient within

10 the required period.

11 ‘‘(M) Final disallowed costs in excess of 5

12 percent of the grant or contract award if, in the

13 judgment of the grant officer, the disallowances

14 are egregious findings.

15 ‘‘(N) Failure to establish a mechanism to

16 resolve a subrecipient’s audit in a timely fash17 ion.

18 ‘‘(5) DETERMINATION.—Applicants that are de19 termined to be not responsible shall not be selected

20 as grantees.

21 ‘‘(6) DISALLOWED COSTS.—Interest on dis22 allowed costs shall accrue in accordance with the

23 Debt Collection Improvement Act of 1996.
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1 ‘‘(e) NATIONAL PERFORMANCE MEASURES AND

2 COMPETITION FOR PUBLIC AND PRIVATE NONPROFIT

3 AGENCIES AND ORGANIZATIONS.—

4 ‘‘(1) IN GENERAL.—Not later than 120 days

5 after the end of each program year, the Secretary

6 shall determine if each public or private nonprofit

7 agency or organization that is a grantee has met the

8 national performance measures established pursuant

9 to section 513(a)(3).

10 ‘‘(2) TECHNICAL ASSISTANCE AND CORRECTIVE

11 ACTION PLAN.—

12 ‘‘(A) IN GENERAL.—If the Secretary deter13 mines that a grantee fails to meet the national

14 performance measures for a program year, the

15 Secretary shall provide technical assistance and

16 require such organization to submit a corrective

17 action plan not later than 160 days after the

18 end of the program year.

19 ‘‘(B) CONTENT.—The plan submitted

20 under subparagraph (A) shall detail the steps

21 the grantee will take to meet the national per22 formance measures in the next program year.

23 ‘‘(C) AFTER SECOND YEAR OF FAILURE.—

24 If a grantee fails to meet the national perform25 ance measures for a second consecutive pro-
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1 gram year, the Secretary shall conduct a na2 tional competition to award, for the first full

3 program year following the determination

4 (minimizing, to the extent possible, the disrup5 tion of services provided to enrollees), an

6 amount equal to 25 percent of the funds award7 ed to the grantee for such year.

8 ‘‘(D) COMPETITION AFTER THIRD CON9 SECUTIVE YEAR OF FAILURE.—If a grantee

10 fails to meet the national performance measures

11 for a third consecutive program year, the Sec12 retary shall conduct a national competition to

13 award the amount of the grant remaining after

14 deduction of the portion specified in subpara15 graph (C) for the first full program year fol16 lowing the determination. The eligible applicant

17 that receives the grant through the national

18 competition shall continue service to the geo19 graphic areas formerly served by the grantee

20 that previously received the grant.

21 ‘‘(3) COMPETITION REQUIREMENTS FOR PUBLIC

22 AND PRIVATE NONPROFIT AGENCIES AND ORGANIZA23 TIONS IN A STATE.—

24 ‘‘(A) IN GENERAL.—In addition to the ac25 tions required under paragraph (2), the Sec-
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1 retary shall take corrective action if the Sec2 retary determines at the end of any program

3 year that, despite meeting the established na4 tional performance measures, a public or pri5 vate nonprofit agency or organization that is a

6 grantee has attained levels of performance 20

7 percent or more below the national performance

8 measures with respect to the project carried out

9 in a State and has failed to meet the perform10 ance measures as established by the Secretary

11 for the State grantee in such State, and there

12 are not factors, such as the factors described in

13 section 513(a)(2)(B), or size of the project, that

14 justify the performance.

15 ‘‘(B) FIRST YEAR OF FAILURE.—After the

16 first program year of failure to meet the per17 formance criteria described in subparagraph

18 (A), the Secretary shall require a corrective ac19 tion plan, and may require the transfer of the

20 responsibility for the project to other grantees,

21 provide technical assistance, and take other ap22 propriate actions.

23 ‘‘(C) SECOND YEAR OF FAILURE.—After

24 the second consecutive program year of failure

25 to meet the performance criteria described in
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1 subparagraph (A), the corrective actions to be

2 taken by the Secretary may include the transfer

3 of the responsibility for a portion or all of the

4 project to a State or public or private nonprofit

5 agency or organization, or a competition for a

6 portion or all of the funds to carry out such

7 project among all eligible entities that meet the

8 responsibility tests under section 514(d) except

9 for the grantee that is the subject of the correc10 tive action.

11 ‘‘(D) THIRD YEAR OF FAILURE.—After the

12 third consecutive program year of failure to

13 meet the performance criteria described in sub14 paragraph (A), the Secretary shall conduct a

15 competition for the funds to carry out such

16 project among all eligible entities that meet the

17 responsibility tests under section 514(d) except

18 for the grantee that is the subject of the correc19 tive action.

20 ‘‘(4) REQUEST BY GOVERNOR.—Upon the re21 quest of the Governor of a State for a review of the

22 performance of a public or private nonprofit agency

23 or organization within the State, the Secretary shall

24 undertake such a review in accordance with the cri25 teria described in paragraph (3)(A). If the perform-
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1 ance of such grantee is not justified under such cri2 teria, the Secretary shall take corrective action in

3 accordance with paragraph (3).

4 ‘‘(f) PERFORMANCE MEASURES AND COMPETITION

5 FOR STATES.—

6 ‘‘(1) IN GENERAL.—Not later than 120 days

7 after the end of the program year, the Secretary

8 shall determine if a State grantee has met the per9 formance measures established pursuant to section

10 513(a)(4).

11 ‘‘(2) TECHNICAL ASSISTANCE AND CORRECTIVE

12 ACTION PLAN.—If a State that receives a grant fails

13 to meet the performance measures for a program

14 year, the Secretary shall provide technical assistance

15 and require the State to submit a corrective action

16 plan not later than 160 days after the end of the

17 program year.

18 ‘‘(3) CONTENT.—The plan described in para19 graph (2) shall detail the steps the State will take

20 to meet the standards.

21 ‘‘(4) FAILURE TO MEET PERFORMANCE MEAS22 URES FOR SECOND AND THIRD YEARS.—

23 ‘‘(A) AFTER SECOND YEAR OF FAILURE.—

24 If a State fails to meet the performance meas25 ures for a second consecutive program year, the
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1 Secretary shall provide for the conduct by the

2 State of a competition to award, for the first

3 full program year following the determination

4 (minimizing, to the extent possible, the disrup5 tion of services provided to enrollees), an

6 amount equal to 25 percent of the funds avail7 able to the State for such year.

8 ‘‘(B) AFTER THIRD YEAR OF FAILURE.—If

9 the State fails to meet the performance meas10 ures for a third consecutive program year, the

11 Secretary shall provide for the conduct by the

12 State of a competition to award the funds allo13 cated to the State for the first full program

14 year following the Secretary’s determination

15 that the State has not met the performance

16 measures.

17 ‘‘SEC. 515. AUTHORIZATION OF APPROPRIATIONS.

18 ‘‘(a) There is authorized to be appropriated to carry

19 out this title—

20 ‘‘(1) $475,000,000 for fiscal year 2001 and

21 such sums as may be necessary for fiscal year 2002

22 through 2005; and

23 ‘‘(2) such additional sums as may be necessary

24 for each such fiscal year to enable the Secretary,

25 through programs under this title, to provide for at
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1 least 70,000 part-time employment positions for eli2 gible individuals.

3 For purposes of paragraph (2), ‘part-time employment po4 sition’ means an employment position within a workweek

5 of at least 20 hours.

6 ‘‘(b) Amounts appropriated under this section for any

7 fiscal year shall be available for obligation during the an8 nual period which begins on July 1 of the calendar year

9 immediately following the beginning of such fiscal year

10 and which ends on June 30 of the following calendar year.

11 The Secretary may extend the period during which such

12 amounts may be obligated or expended in the case of a

13 particular organization or agency receiving funds under

14 this title if the Secretary determines that such extension

15 is necessary to ensure the effective use of such funds by

16 such organization or agency.

17 ‘‘(c) At the end of the program year, the Secretary

18 may recapture any unexpended funds for the program

19 year, and reobligate such funds within the 2 succeeding

20 program years for—

21 ‘‘(1) incentive grants;

22 ‘‘(2) technical assistance; or

23 ‘‘(3) grants or contracts for any other program

24 under this title.
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1 ‘‘SEC. 516. DEFINITIONS.

2 ‘‘In this title:

3 ‘‘(1) COMMUNITY SERVICE.—The term ‘commu4 nity service’ means social, health, welfare, and edu5 cational services (including literacy tutoring), legal

6 and other counseling services and assistance, includ7 ing tax counseling and assistance and financial

8 counseling, and library, recreational, and other simi9 lar services; conservation, maintenance, or restora10 tion of natural resources; community betterment or

11 beautification; antipollution and environmental qual12 ity efforts; weatherization activities; economic devel13 opment; and such other services essential and nec14 essary to the community as the Secretary, by regula15 tion, may prescribe.

16 ‘‘(2) ELIGIBLE INDIVIDUALS.—The term ‘eligi17 ble individuals’ means an individual who is 55 years

18 old or older, who has a low income (including any

19 such individual whose income is not more than 125

20 percent of the poverty guidelines established by the

21 Office of Management and Budget), except that,

22 pursuant to regulations prescribed by the Secretary,

23 any such individual who is 60 years old or older

24 shall have priority for the work opportunities pro25 vided for under this title.
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1 ‘‘(3) PACIFIC ISLAND AND ASIAN AMERICANS.—

2 The term ‘Pacific Island and Asian Americans’

3 means Americans having origins in any of the origi4 nal peoples of the Far East, Southeast Asia, the In5 dian Subcontinent, or the Pacific Islands.

6 ‘‘(4) PROGRAM.—The term ‘program’ means

7 the older American community service employment

8 program established under this title.’’.

9 TITLE VI—AMENDMENTS TO

10 TITLE VI OF THE OLDER

11 AMERICANS ACT OF 1965

12 SEC. 601. ELIGIBILITY.

13 Section 612 of the Older Americans Act of 1965 (42

14 U.S.C. 3057c) is amended—

15 (1) by redesignating subsection (b) as sub16 section (c); and

17 (2) by inserting after subsection (a) the fol18 lowing:

19 ‘‘(b) An Indian tribe represented by an organization

20 specified in subsection (a) shall be eligible for only 1 grant

21 under this part for any fiscal year. Nothing in this sub22 section shall preclude an Indian tribe represented by an

23 organization specified in subsection (a) from receiving a

24 grant under section 631.’’.
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1 SEC. 602. APPLICATIONS.

2 Section 614 of the Older Americans Act of 1965 (42

3 U.S.C. 3057e) is amended—

4 (1) in subsection (b), by striking ‘‘certification’’

5 and inserting ‘‘approval’’; and

6 (2) in subsection (c)—

7 (A) by inserting ‘‘(1)’’ after ‘‘(c)’’; and

8 (B) by adding at the end the following:

9 ‘‘(2) The Assistant Secretary shall provide waivers

10 and exemptions of the reporting requirements of sub11 section (a)(3) for applicants that serve Indian populations

12 in geographically isolated areas, or applicants that serve

13 small Indian populations, where the small scale of the

14 project, the nature of the applicant, or other factors make

15 the reporting requirements unreasonable under the cir16 cumstances. The Assistant Secretary shall consult with

17 such applicants in establishing appropriate waivers and

18 exemptions.

19 ‘‘(3) The Assistant Secretary shall approve any appli20 cation that complies with the provisions of subsection (a),

21 except that in determining whether an application com22 plies with the requirements of subsection (a)(8), the As23 sistant Secretary shall provide maximum flexibility to an

24 applicant that seeks to take into account subsistence

25 needs, local customs, and other characteristics that are ap-
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1 propriate to the unique cultural, regional, and geographic

2 needs of the Indian populations to be served.

3 ‘‘(4) In determining whether an application complies

4 with the requirements of subsection (a)(12), the Assistant

5 Secretary shall require only that an applicant provide an

6 appropriate narrative description of the geographic area

7 to be served and an assurance that procedures will be

8 adopted to ensure against duplicate services being pro9 vided to the same recipients.’’.

10 SEC. 603. AUTHORIZATION OF APPROPRIATIONS.

11 Section 633 of the Older Americans Act of 1965 (42

12 U.S.C. 3057n) is amended to read as follows:

13 ‘‘SEC. 633. AUTHORIZATION OF APPROPRIATIONS.

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

15 this title—

16 ‘‘(1) for parts A and B, such sums as may be

17 necessary for fiscal year 2001, and such sums as

18 may be necessary for subsequent fiscal years; and

19 ‘‘(2) for part C, $5,000,000 for fiscal year

20 2001, and such sums as may be necessary for subse21 quent fiscal years.’’.

22 SEC. 604. GENERAL PROVISIONS.

23 Title VI of the Older Americans Act of 1965 (42

24 U.S.C. 3057 et seq.) is amended—

25 (1) by redesignating part C as part D;
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1 (2) by redesignating sections 631 through 633

2 as sections 641 through 643, respectively;

3 (3) by inserting after part B the following:

4 ‘‘PART C—NATIVE AMERICAN CAREGIVER

5 SUPPORT PROGRAM

6 ‘‘SEC. 631. PROGRAM.

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

8 carry out a program for making grants to tribal organiza9 tions with applications approved under parts A and B, to

10 pay for the Federal share of carrying out tribal programs,

11 to enable the tribal organizations to provide multifaceted

12 systems of the support services described in section 373

13 for caregivers described in section 373.

14 ‘‘(b) REQUIREMENTS.—In providing services under

15 subsection (a), a tribal organization shall meet the re16 quirements specified for an area agency on aging and for

17 a State in the provisions of subsections (c), (d), and (e)

18 of section 373 and of section 374. For purposes of this

19 subsection, references in such provisions to a State pro20 gram shall be considered to be references to a tribal pro21 gram under this part.’’.
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1 TITLE VII—AMENDMENTS TO

2 TITLE VII OF THE OLDER

3 AMERICANS ACT OF 1965

4 SEC. 701. AUTHORIZATION OF APPROPRIATIONS.

5 Section 702 of the Older Americans Act of 1965 (42

6 U.S.C. 3058a) is amended to read as follows:

7 ‘‘SEC. 702. AUTHORIZATION OF APPROPRIATIONS.

8 ‘‘(a) OMBUDSMAN PROGRAM.—There are authorized

9 to be appropriated to carry out chapter 2, such sums as

10 may be necessary for fiscal year 2001, and such sums as

11 may be necessary for subsequent fiscal years.

12 ‘‘(b) PREVENTION OF ELDER ABUSE, NEGLECT, AND

13 EXPLOITATION.—There are authorized to be appropriated

14 to carry out chapter 3, such sums as may be necessary

15 for fiscal year 2001, and such sums as may be necessary

16 for subsequent fiscal years.

17 ‘‘(c) LEGAL ASSISTANCE DEVELOPMENT PRO18 GRAM.—There are authorized to be appropriated to carry

19 out chapter 4, such sums as may be necessary for fiscal

20 year 2001, and such sums as may be necessary for subse21 quent fiscal years.’’.

22 SEC. 702. ALLOTMENT.

23 Section 703(a)(2)(C) of the Older Americans Act of

24 1965 (42 U.S.C. 3058b(a)(2)(C)) is amended by striking

25 ‘‘1991’’ each place it appears and inserting ‘‘2000’’.
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1 SEC. 703. ADDITIONAL STATE PLAN REQUIREMENTS.

2 Section 705(a) of the Older Americans Act of 1965

3 (42 U.S.C. 3058d(a)) is amended—

4 (1) in paragraph (4), by inserting ‘‘each of’’

5 after ‘‘carry out’’;

6 (2) in paragraph (6)(C)(iii), by striking the

7 semicolon and inserting ‘‘; and’’;

8 (3) by striking paragraph (7);

9 (4) by redesignating paragraph (8) as para10 graph (7); and

11 (5) in paragraph (7) (as redesignated by para12 graph (3)), by striking ‘‘paragraphs (1) through

13 (7)’’ and inserting ‘‘paragraphs (1) through (6)’’.

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

15 Section 712 of the Older Americans Act of 1965 (42

16 U.S.C. 3058g) is amended—

17 (1) in subsection (a), in paragraph (5)(C)(ii),

18 by inserting ‘‘and not stand to gain financially

19 through an action or potential action brought on be20 half of individuals the Ombudsman serves’’ after

21 ‘‘interest’’; and

22 (2) in subsection (h)—

23 (A) in paragraph (4)—

24 (i) in subparagraph (A)—

25 (I) by striking ‘‘(A) not later

26 than 1 year after the date of enact-
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1 ment of this title, establish’’ and in2 serting ‘‘strengthen and update’’; and

3 (II) in clause (iii), by striking

4 ‘‘and’’;

5 (ii) by striking subparagraph (B);

6 (iii) by redesignating clauses (i)

7 through (iii) as subparagraphs (A) through

8 (C), respectively; and

9 (iv) by redesignating subclauses (I)

10 through (III) as clauses (i) through (iii),

11 respectively;

12 (B) in paragraph (7), by striking ‘‘; and’’

13 and inserting a semicolon;

14 (C) by redesignating paragraph (8) as

15 paragraph (9); and

16 (D) by inserting after paragraph (7) the

17 following:

18 ‘‘(8) coordinate services with State and local

19 law enforcement agencies and courts of competent

20 jurisdiction; and’’.

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

22 EXPLOITATION.

23 Section 721 of the Older Americans Act of 1965 (42

24 U.S.C. 3058i) is amended—

25 (1) in subsection (b)—
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1 (A) in the matter preceding paragraph (1),

2 by inserting ‘‘(including financial exploitation)’’

3 after ‘‘exploitation’’;

4 (B) in paragraph (2), by inserting ‘‘, State

5 and local law enforcement systems, and courts

6 of competent jurisdiction’’ after ‘‘service pro7 gram’’; and

8 (C) in paragraph (5), by inserting ‘‘includ9 ing caregivers described in part E of title III,’’

10 after ‘‘individuals,’’;

11 (2) in subsection (d)(8)—

12 (A) by inserting ‘‘State and local’’ after

13 ‘‘consumer protection and’’; and

14 (B) by inserting ‘‘, and services provided

15 by agencies and courts of competent jurisdic16 tion’’ before the period; and

17 (3) by adding at the end the following:

18 ‘‘(g) STUDY AND REPORT.—

19 ‘‘(1) STUDY.—The Secretary, in consultation

20 with the Department of the Treasury and the Attor21 ney General of the United States, State attorneys

22 general, and tribal and local prosecutors, shall con23 duct a study of the nature and extent of financial

24 exploitation of older individuals. The purpose of this

25 study would be to define and describe the scope of
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1 the problem of financial exploitation of the elderly

2 and to provide an estimate of the number and type

3 of financial transactions considered to constitute fi4 nancial exploitation faced by older individuals. The

5 study shall also examine the adequacy of current

6 Federal and State legal protections to prevent such

7 exploitation.

8 ‘‘(2) REPORT.—Not later than 18 months after

9 the date of enactment of the Older Americans Act

10 Amendments of 2000, the Secretary shall submit to

11 Congress a report, which shall include—

12 ‘‘(A) the results of the study conducted

13 under this subsection; and

14 ‘‘(B) recommendations for future actions

15 to combat the financial exploitation of older in16 dividuals.’’.

17 SEC. 706. ASSISTANCE PROGRAMS.

18 Subtitle A of title VII of the Older Americans Act

19 of 1965 (42 U.S.C 3058 et seq.) is amended by repealing

20 chapters 4 and 5 and inserting the following:

21 ‘‘CHAPTER 4—STATE LEGAL ASSISTANCE

22 DEVELOPMENT PROGRAM

23 ‘‘SEC. 731. STATE LEGAL ASSISTANCE DEVELOPMENT.

24 ‘‘A State agency shall provide the services of an indi25 vidual who shall be known as a State legal assistance de-
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1 veloper, and the services of other personnel, sufficient to

2 ensure—

3 ‘‘(1) State leadership in securing and maintain4 ing the legal rights of older individuals;

5 ‘‘(2) State capacity for coordinating the provi6 sion of legal assistance;

7 ‘‘(3) State capacity to provide technical assist8 ance, training, and other supportive functions to

9 area agencies on aging, legal assistance providers,

10 ombudsmen, and other persons, as appropriate;

11 ‘‘(4) State capacity to promote financial man12 agement services to older individuals at risk of con13 servatorship;

14 ‘‘(5) State capacity to assist older individuals in

15 understanding their rights, exercising choices, bene16 fiting from services and opportunities authorized by

17 law, and maintaining the rights of older individuals

18 at risk of guardianship; and

19 ‘‘(6) State capacity to improve the quality and

20 quantity of legal services provided to older individ21 uals.’’.

22 SEC. 707. NATIVE AMERICAN PROGRAMS.

23 Section 751(d) of the Older Americans Act of 1965

24 (42 U.S.C. 3058aa(d)) is amended to read as follows:
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1 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There

2 are authorized to be appropriated to carry out this section

3 such sums as may be necessary for fiscal year 2001, and

4 such sums as may be necessary for subsequent fiscal

5 years.’’.

6 TITLE VIII—TECHNICAL AND

7 CONFORMING AMENDMENTS

8 SEC. 801. TECHNICAL AND CONFORMING AMENDMENTS.

9 (a) TITLE I.—Section 102(34)(C) of the Older Amer10 icans Act of 1965 (42 U.S.C. 3002(34)(C)) is amended

11 by striking ‘‘307(a)(12)’’ and inserting ‘‘307(a)(9)’’.

12 (b) TITLE II.—

13 (1) Section 201(d)(3) of the Older Americans

14 Act of 1965 (42 U.S.C. 3011(d)(3)) is amended—

15 (A) in subparagraph (C)(ii), by striking

16 ‘‘307(a)(12)’’ and inserting ‘‘307(a)(9)’’; and

17 (B) in subparagraph (J), by striking

18 ‘‘307(a)(12)’’ and inserting ‘‘307(a)(9)’’.

19 (2) Section 202 of the Older Americans Act of

20 1965 (42 U.S.C. 3012) is amended—

21 (A) in subsection (a)—

22 (i) in paragraph (19)(C), by striking

23 ‘‘paragraphs (2) and (5)(A) of section

24 306(a)’’ and inserting ‘‘paragraphs (2) and

25 (4)(A) of section 306(a)’’; and
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1 (ii) in paragraph (26), by striking

2 ‘‘sections 307(a)(18) and 731(b)(2)’’ and

3 inserting ‘‘section 307(a)(13) and section

4 731’’;

5 (B) in subsection (c)—

6 (i) in paragraph (1), by striking

7 ‘‘(c)(1)’’ and inserting ‘‘(c)’’; and

8 (ii) by striking paragraph (2); and

9 (C) in subsection (e)(1)(A)—

10 (i) by striking clause (i) and inserting

11 the following:

12 ‘‘(i) provide information about grants and

13 projects under title IV;’’; and

14 (ii) in clause (iv), by striking ‘‘, and

15 the information provided by the Resource

16 Centers on Native American Elders under

17 section 429E’’.

18 (3) Section 205(a)(2)(A) of the Older Ameri19 cans Act of 1965 (42 U.S.C. 3016(a)(2)(A)) is

20 amended by striking ‘‘subparts 1, 2, and 3’’ and in21 serting ‘‘subparts 1 and 2’’.

22 (4) Section 207(a) of the Older Americans Act

23 of 1965 (42 U.S.C. 3018(a)) is amended—

24 (A) by striking paragraph (3); and
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1 (B) by redesignating paragraphs (4) and

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

3 (5) Section 214 of the Older Americans Act of

4 1965 (42 U.S.C. 3020e) is amended by striking

5 ‘‘307(a)(13)(J)’’ and inserting ‘‘339(2)(J)’’.

6 (c) TITLE III.—

7 (1) Section 301(c) of the Older Americans Act

8 of 1965 (42 U.S.C. 3021(c)) is amended by striking

9 ‘‘307(a)(12)’’ and inserting ‘‘307(a)(9)’’.

10 (2) Section 304 of the Older Americans Act of

11 1965 (42 U.S.C. 3024) is amended—

12 (A) in subsection (d)(1)(B), by striking

13 ‘‘307(a)(12)’’ and inserting ‘‘307(a)(9)’’; and

14 (B) by striking subsection (e).

15 (3) Section 305(a)(2)(F) of the Older Ameri16 cans Act of 1965 (42 U.S.C. 3025(a)(2)(F)) is

17 amended by striking ‘‘307(a)(24)’’ and inserting

18 ‘‘307(a)(16)’’.

19 (4) Section 307 of the Older Americans Act of

20 1965 (42 U.S.C. 3027) is amended—

21 (A) in subsection (a), in paragraph (22)

22 (as redesignated by section 305(19)), by strik23 ing ‘‘306(a)(20)’’ and inserting ‘‘306(a)(8)’’;

24 and

25 (B) in subsection (f)—
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1 (i) in paragraph (1), by striking

2 ‘‘(f)(1)’’ and inserting ‘‘(f)’’; and

3 (ii) by striking paragraph (2).

4 (5) Section 321(a)(15) of the Older Americans

5 Act of 1965 (42 U.S.C. 3030d(a)(15)) is amended

6 by striking ‘‘section 307(a)(16)’’ and inserting ‘‘sec7 tion 307(a)(12)’’.

8 (d) TITLE VI.—Section 614(a) of the Older Ameri9 cans Act of 1965 (42 U.S.C. 3057e(a)) is amended—

10 (1) by striking paragraph (9); and

11 (2) by redesignating paragraphs (10) through

12 (12) as paragraphs (9) through (11), respectively.

13 (e) TITLE VII.—

14 (1) Section 703(a)(2)(C) of the Older Ameri15 cans Act of 1965 (42 U.S.C. 3058b(a)(2)(C)) is

16 amended—

17 (A) in clause (i), by striking ‘‘section

18 702(a)’’ and inserting ‘‘section 702 and made

19 available to carry out chapter 2’’; and

20 (B) in clause (ii), by striking ‘‘section

21 702(b)’’ and inserting ‘‘section 702 and made

22 available to carry out chapter 3’’.

23 (2) Section 712(a)(1) of the Older Americans

24 Act of 1965 (42 U.S.C. 3058g(a)(1)) is amended by
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1 striking ‘‘section 702(a)’’ and inserting ‘‘section 702

2 and made available to carry out this chapter’’.

3 (3) Section 721(a) of the Older Americans Act

4 of 1965 (42 U.S.C. 3058i(a)) is amended by striking

5 ‘‘section 702(b)’’ and inserting ‘‘section 702 and

6 made available to carry out this chapter’’.

7 (4) Section 761(2) of the Older Americans Act

8 of 1965 (42 U.S.C. 3058bb(2)) is amended by strik9 ing ‘‘chapter 2, 3, 4, or 5 of this title’’ and inserting

10 ‘‘subtitle A’’.

11 (5) Section 762 of the Older Americans Act of

12 1965 (42 U.S.C. 3058cc) is amended, in the matter

13 preceding paragraph (1), by striking ‘‘or an entity

14 described in section 751(c)’’.

15 (6) Section 764(b) of the Older Americans Act

16 of 1965 (42 U.S.C. 3058ee(b)) is amended by strik17 ing ‘‘, area agencies on aging, and entities described

18 in section 751(c)’’ and inserting ‘‘and area agencies

19 on aging’’.

Passed the House of Representatives October 25,

2000.

Attest: JEFF TRANDAHL,

Clerk.