I

106TH CONGRESS

1ST SESSION H. R. 1637

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

appropriations for programs under the Act through fiscal year 2004,

to establish a National Family Caregiver Support Program, to modernize

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

course planning, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

APRIL 29, 1999

Mr. MARTINEZ introduced the following bill; which was referred to the

Committee on Education and the Workforce

A BILL

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

Act through fiscal year 2004, to establish a National

Family Caregiver Support Program, to modernize aging

programs and services, to address the need to engage

in life course planning, and for other purposes.

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

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

4 CONTENTS.

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

6 ‘‘Older Americans Act Amendments of 1999’’.
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1 (b) REFERENCES.—Except where otherwise specifi2 cally provided, references in this Act shall be considered

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

4 a section or other provision thereof.

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

6 this Act is as follows:

Sec. 1. Short title; references in Act.

TITLE I—AMENDMENTS TO THE OLDER AMERICANS ACT OF 1965

PART A—ADMINISTRATION ON AGING

Sec. 101. National Eldercare Locator Service.

Sec. 102. Repeal of executed requirements.

Sec. 103. Development of performance outcome measures.

Sec. 104. Federal agency consultation.

Sec. 105. Acceptance of gifts for certain purposes.

Sec. 106. Authorization of appropriations.

PART B—STATE AND COMMUNITY PROGRAMS ON AGING

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

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

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

plans.

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

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

Sec. 116. Health care information systems.

Sec. 117. State option for cost sharing.

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

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

Sec. 120. Transfer of funds between programs.

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

Sec. 122. Nutrition services incentive program.

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

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

Sec. 125. Consolidation of authorities for nutrition services.

Sec. 126. National family caregiver support program.

Sec. 127. Authorization of appropriations.

PART C—STATE AND LOCAL INNOVATIONS AND PROGRAMS OF NATIONAL

SIGNIFICANCE

Sec. 141. Revision of title IV.

Sec. 142. Authorization of appropriations.

PART D—COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS

Sec. 151. Purposes of projects.

Sec. 152. Program authorized.
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Sec. 153. Administration.

Sec. 154. Equitable distribution of assistance.

Sec. 155. Authorization of appropriations.

Sec. 156. Workforce investment activities.

Sec. 157. Additional provisions.

PART E—GRANTS FOR NATIVE AMERICANS

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

Sec. 162. Expenditures for nutrition services.

Sec. 163. Authorization of appropriations.

PART F—VULNERABLE ELDER RIGHTS PROTECTION

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

Sec. 172. Life course planning program.

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

Sec. 174. Amendment of inconsistent provisions concerning assistance program

for insurance and public benefits.

PART G—DEFINITIONS

Sec. 181. Definitions.

PART H—EFFECTIVE DATE

Sec. 191. Effective date.

TITLE II—WHITE HOUSE CONFERENCE ON AGING

Sec. 201. White House Conference authorized.

Sec. 202. Conference administration.

Sec. 203. Policy Committee; related committees.

Sec. 204. Report of the Conference.

Sec. 205. Definitions.

Sec. 206. Authorization of appropriations.

1 TITLE I—AMENDMENTS TO THE

2 OLDER AMERICANS ACT OF 1965

3 PART A—ADMINISTRATION ON AGING

4 SEC. 101. NATIONAL ELDERCARE LOCATOR SERVICE.

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

6 amended to read as follows:

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

8 or through contracts, grants, or cooperative

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

2 and assistance services to identify community

3 resources for older individuals;’’.

4 SEC. 102. REPEAL OF EXECUTED REQUIREMENTS.

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

6 202(a) (42 U.S.C. 3012(a)) is amended—

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

8 (2) by redesignating paragraphs (28) through

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

10 (b) EVALUATION OF NUTRITION SERVICES.—Section

11 206 (42 U.S.C. 3017) is amended—

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

13 (2) by redesignating subsection (h) as sub14 section (g).

15 SEC. 103. DEVELOPMENT OF PERFORMANCE OUTCOME

16 MEASURES.

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

18 at the end the following new subsection:

19 ‘‘(f) PERFORMANCE OUTCOME MEASURES.—

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

21 accordance with the process described in paragraph

22 (2), shall develop in collaboration with a representa23 tive group of State and area agencies on aging, and

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

25 outcome measures to be used for planning, man-
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1 aging, and evaluating activities performed and serv2 ices provided under the Act.

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

4 for developing the performance outcome measures

5 described in paragraph (1) shall include—

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

7 in use by State and area agencies on aging;

8 ‘‘(B) development of a set of such meas9 ures that provide information about the major

10 activities performed and services provided under

11 this Act;

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

13 such measures, including an identification of re14 source, infrastructure, and data collection

15 issues at the State and local levels; and

16 ‘‘(D) evaluation of the pilot test and rec17 ommendations for modification of the proposed

18 measures.’’.

19 SEC. 104. FEDERAL AGENCY CONSULTATION.

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

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

22 (17);

23 (2) by striking the period at the end of para24 graph (18) and inserting ‘‘; and’’; and
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1 (3) by adding at the end the following new

2 paragraph:

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

4 of 1998.’’.

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

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

7 (1) in the caption, by striking ‘‘APPROPRIA8 TIONS’’ and inserting ‘‘APPROPRIATIONS; GIFTS.’’;

9 and

10 (2) by adding at the end the following new sub11 section:

12 ‘‘(c) GIFTS.—

13 ‘‘(1) AUTHORITY TO ACCEPT GIFTS.—The As14 sistant Secretary may accept, on behalf of the

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

16 voluntary and uncompensated services), which shall

17 be available until expended for the purposes specified

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

19 addition to amounts appropriated to carry out this

20 Act.

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

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

23 grants to or contracts with public or non-profit pri24 vate entities, for the following activities under this

25 title:
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1 ‘‘(A) The design and implementation of

2 demonstrations of innovative ideas and best

3 practices in programs and services for older in4 dividuals.

5 ‘‘(B) The planning and conduct of con6 ferences for the purpose of exchange among

7 concerned individuals and public and private

8 entities and organizations of information relat9 ing to programs under this Act and other pro10 grams and services for older individuals.

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

12 dissemination of informational materials (in

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

14 to the programs and services under this Act

15 and other matters of concern to older individ16 uals.

17 ‘‘(3) ETHICS GUIDELINES.—The Assistant Sec18 retary shall establish written guidelines setting forth

19 the criteria to be used in determining whether the

20 acceptance of gifts or donations pursuant to this

21 paragraph would reflect unfavorably upon the ability

22 of the Administration on Aging, or the Department

23 of Health and Human Services, or any employee to

24 carry out its responsibilities or official duties in a

25 fair and objective manner, or would compromise the
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1 integrity or the appearance of integrity of its pro2 grams or of any official involved in those pro3 grams.’’.

4 SEC. 106. AUTHORIZATIONS OF APPROPRIATIONS.

5 ‘‘(a) FEDERAL COUNCIL ON THE AGING.—Section

6 204(g) (42 U.S.C. 3015(g)) is amended by striking all

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

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

9 out this section.’’.

10 ‘‘(b) ADMINISTRATION ON AGING.—Section 215 (42

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

12 amended—

13 ‘‘(1) by striking ‘‘for the Administration’’ and

14 all that follows and inserting the following:

15 ‘‘for the Administration—

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

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

18 of the four succeeding fiscal years.’’;

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

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

21 section 102) as subsection (b).
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1 PART B—STATE AND COMMUNITY PROGRAMS ON

2 AGING

3 SEC. 111. CLARIFICATION CONCERNING SERVICES TO NON4 ELDERLY.

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

6 at the end the following new subsection:

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

8 ‘‘(1) RESTRICTED USE OF RESOURCES UNDER THE

9 ACT.—Federal funds paid to States under this title, and

10 cash and in-kind contributions required by section 304(d)

11 as the non-Federal share of expenditures under this title,

12 shall be used only for activities and services to benefit

13 older individuals and other individuals as specifically pro14 vided in this title.

15 ‘‘(2) RESTRICTION INAPPLICABLE TO OTHER

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

17 provision of this title shall be construed to prohibit

18 State or area agencies on aging from engaging in ac19 tivities or providing services to benefit individuals

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

21 resources from sources not described in paragraph

22 (1).

23 SEC. 112. REORGANIZATION AND STREAMLINING OF AREA

24 PLAN REQUIREMENTS.

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

26 (42 U.S.C. 3026(a)) is amended—
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1 (1) in the matter preceding paragraph (1), by

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

3 ‘‘Each such plan shall comply with the following re4 quirements:’’;

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

6 ‘‘(1) SERVICES PROVIDED.—The plan shall pro7 vide for the furnishing, through a comprehensive

8 and coordinated system, of services the need for

9 which has been determined pursuant to paragraph

10 (3), including—

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

12 the service specified in paragraph (2);

13 ‘‘(B) nutrition services; and

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

15 maintenance, or construction of multipurpose

16 senior centers.’’;

17 (3) in paragraph (2)—

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

19 The plan shall’’ after ‘‘(2)’’;

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

21 inserting ‘‘section 307(a)(2)’’;

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

23 such plan, as submitted or as amended’’ and in24 serting ‘‘and assurances that the area agency

25 will report annually to the State agency’’; and
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1 (D) by striking the semicolon at the end

2 and inserting a period;

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

4 focal points for service delivery in each community)

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

6 (5) by inserting after paragraph (2) the fol7 lowing new paragraph:

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

9 shall provide for determining the extent of need for

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

11 the area taking into consideration, among other

12 things—

13 ‘‘(A) the numbers of older individuals re14 siding in such area—

15 ‘‘(i) who have low incomes;

16 ‘‘(ii) who have greatest economic need

17 (with particular attention to low-income

18 minority individuals);

19 ‘‘(iii) who have greatest social need

20 (with particular attention to low-income

21 minority individuals); or

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

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

24 (including efforts of volunteers and voluntary

25 organizations) in meeting such need.’’;
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1 (6) by redesignating paragraph (5) as para2 graph (4), and amending the paragraph—

3 (A) by inserting ‘‘OBJECTIVES FOR SERV4 ICES TO OLDER INDIVIDUALS WITH GREATEST

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

6 (B) by striking the semicolon at the end

7 and inserting a period;

8 (7) in paragraph (6)—

9 (A) by inserting ‘‘POLICY DEVELOP10 MENT.—The plan shall—’’ after ‘‘(6)’’;

11 (B) by striking subparagraphs (A) (evalua12 tions and public hearings) and (B) (technical

13 assistance to providers);

14 (C) by relocating and redesignating sub15 paragraph (D) as subparagraph (A);

16 (D) by relocating and redesignating sub17 paragraph (F) as subparagraph (B);

18 (E) by relocating and redesignating sub19 paragraph (M) as subparagraph (D);

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

21 subparagraph (D) (as so redesignated) and in22 serting a period; and

23 (G) by striking subparagraphs (E) (ar24 rangements with specified organizations), (G)

25 (methods for determining priority services), (J)
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1 (identification of protective service providers),

2 (L) (coordination of services for Alzheimer’s pa3 tients), (O) (information on higher education),

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

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

6 (coordination of transportation services);

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

8 (assurances that funds will be spent for the purposes

9 awarded);

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

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

12 services) and inserting after paragraph (6) the fol13 lowing new paragraph:

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

15 SERVICES.—The plan shall provide that the area

16 agency will facilitate the coordination of community17 based, long-term care services designed to enable

18 older individuals to remain in their homes, by means

19 including—

20 ‘‘(A) development of case management

21 services as a component of the long-term care

22 services, consistent with the requirements of

23 paragraph (8);

24 ‘‘(B) involvement of long-term care pro25 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 (10) by relocating and redesignating paragraph

5 (20) as paragraph (8), and amending such para6 graph by inserting ‘‘PROVISION OF CASE MANAGE7 MENT SERVICES.—The plan shall’’ after ‘‘(8)’’;

8 (11) by redesignating paragraph (11) as para9 graph (9), and amending such paragraph—

10 (A) by inserting ‘‘MAINTENANCE OF EF11 FORT FOR OMBUDSMAN PROGRAM.—The plan

12 shall’’ after ‘‘(9)’’;

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

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

15 (C) by striking the semicolon at the end

16 and inserting a period;

17 (12) by redesignating and relocating paragraph

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

19 paragraph—

20 (A) by inserting ‘‘GRIEVANCE PROCE21 DURE.—The plan shall’’ after ‘‘(10)’’; and

22 (B) by striking the semicolon and inserting

23 a period;
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1 (13) by striking paragraphs (6)(N), (18), and

2 (19), and inserting after paragraph (10) the fol3 lowing paragraph:

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

5 plan shall provide the following assurances con6 cerning services to older Native Americans:

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

8 older individuals who are Native Americans in

9 the area, the area agency will pursue activities,

10 including outreach, to increase access of such

11 individuals to programs and benefits under this

12 title.

13 ‘‘(B) The area agency will, to the max14 imum extent practicable, coordinate the services

15 it provides under this title with services pro16 vided under title VI.’’;

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

18 concerning volunteer services coordinator);

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

20 (description of and assurances concerning activities

21 of area agency);

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

23 (17) by striking paragraph (6)(H), and insert24 ing after paragraph (11) the following new para25 graph:
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1 ‘‘(12) COORDINATION WITH PROGRAMS OF

2 OTHER AGENCIES.—The plan shall provide that the

3 area agency on aging will establish procedures for

4 coordination with entities conducting other Federal

5 or Federally assisted programs for older individuals

6 at the local level, with particular emphasis on enti7 ties conducting programs described in section 203(b)

8 within the area.’’.

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

10 3026(b)) is amended—

11 (1) by striking paragraph (2) (procedural re12 quirements for State agency waivers to area agen13 cies); and

14 (2) by striking ‘‘(1)’’ after ‘‘(b)’’.

15 SEC. 113. COORDINATION OF SERVICES FOR INDIVIDUALS

16 WITH DISABILITIES UNDER AREA PLANS.

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

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

19 after paragraph (4) the following new paragraph:

20 ‘‘(5) COORDINATION OF SERVICES FOR INDIVID21 UALS WITH DISABILITIES.—The plan shall provide

22 assurances that the area agency on aging will coordi23 nate planning, identification, assessment of needs,

24 and services for older individuals with disabilities,

25 with particular attention to individuals with severe
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1 disabilities, with agencies that develop or provide

2 services for individuals with disabilities.’’.

3 SEC. 114. ELIGIBILITY OF OLDER INDIANS FOR SERVICES

4 UNDER AREA PLANS.

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

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

7 by adding at the end the following new subparagraph:

8 ‘‘(C) Notwithstanding any provision of this

9 Act restricting eligibility for services to individ10 uals aged 60 or older, the area agency will

11 make services under the area plan available, to

12 the same extent as such services are available

13 to older individuals within the service area, to

14 older Indians eligible for services under an ap15 proved plan under title VI.’’.

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

17 611, 613, and 614 (42 U.S.C. 3057a. 3057b, 3057d, and

18 3057e, respectively) are each amended by striking ‘‘indi19 viduals who are’’ each place it appears.

20 SEC. 115. REORGANIZATION AND STREAMLINING OF STATE

21 PLAN REQUIREMENTS.

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

23 (1) by striking paragraphs (1) and (2) and in24 serting the following:

25 ‘‘(1) AREA PLANS.—The plan shall—
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1 ‘‘(A) require each area agency designated

2 under section 305(a)(2)(A) to develop and sub3 mit to the State agency for approval, in accord4 ance with a uniform format developed by the

5 State agency, an area plan meeting the require6 ments of section 306; and

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

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

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

10 services), and (22) (funding shares for priority serv11 ices), and amending paragraph (2) to read as fol12 lows:

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

14 The plan shall provide that the State agency will—

15 ‘‘(A) evaluate, using uniform procedures

16 under section 202(a)(29), the need for sup17 portive services (including legal assistance, in18 formation and assistance, and transportation

19 services), nutrition services, and multipurpose

20 senior centers within the State;

21 ‘‘(B) determine the extent to which exist22 ing public or private programs and resources

23 (including volunteers and programs and services

24 of voluntary organizations) meet such need; and
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1 ‘‘(C) specify a minimum percentage of the

2 funds received by each area agency for part B

3 to be expended (unless waived by the State

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

5 3026(b)) by such area agency to provide each

6 of the categories of services specified in section

7 306(a)(2).’’;

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

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

10 costs thereof), and (33) (intra-State funding for11 mula), and adding after paragraph (2) the following

12 new paragraph:

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

14 The plan shall—

15 ‘‘(A) include (and may not be approved un16 less the Assistant Secretary approves) the state17 ment and demonstration required by para18 graphs (2) and (4) of section 305(d) (con19 cerning intra-State distribution of funds); and

20 ‘‘(B) with respect to services to older indi21 viduals residing in rural areas—

22 ‘‘(i) provide assurances that the State

23 agency will spend for each fiscal year,

24 under this title and titles V and VII, not
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1 less than 105 percent of the amount so ex2 pended for fiscal year 1978;

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

4 under the plan, the projected costs of pro5 viding such services (including the cost of

6 providing access to such services); and

7 ‘‘(iii) describe the methods used to

8 meet the needs for the such services in the

9 fiscal year preceding the first year to

10 which such plan applies.’’;

11 (4) by striking paragraph (4) (methods of ad12 ministration, personnel standards);

13 ‘‘(5) by striking paragraph (8) (evaluations and

14 hearings) and inserting after paragraph (3) the fol15 lowing paragraph:

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

17 that the State agency will conduct periodic evalua18 tions of, and public hearings on, activities and

19 projects carried out in the State under this title and

20 title VII, including evaluations of the effectiveness of

21 outreach and provision of services to individuals with

22 greatest economic need, greatest social need, or dis23 abilities, with particular attention to low-income mi24 nority individuals.’’;
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1 (6) by striking paragraph (43) (grievance pro2 cedures) and amending paragraph (5) (hearing for

3 area agencies and providers) to read as follows:

4 ‘‘(5) ‘‘HEARINGS FOR AREA AGENCIES AND

5 PROVIDERS; GRIEVANCE PROCEDURES.—The plan

6 shall provide that the State agency will—

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

8 upon request, in accordance with published pro9 cedures, to any area agency submitting a plan

10 under this title, or to any provider of (or appli11 cant to provide) services under such a plan; and

12 ‘‘(B) issue guidelines applicable to griev13 ance procedures required by section

14 306(a)(10).’’;

15 ‘‘(7) in paragraph (6), by inserting ‘‘RE16 PORTS.—’’ after ‘‘(6)’’;

17 ‘‘(8) in paragraph (7)—

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

19 after ‘‘(7)’’; and

20 ‘‘(B) by striking subparagraph (C);

21 (9) by redesignating paragraph (10) as para22 graph (8) and amending such paragraph by insert23 ing ‘‘RESTRICTION ON DIRECT PROVISION OF SERV24 ICES.—’’ after ‘‘(8)’’;
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1 (10) by striking paragraph (11) (hiring pref2 erence for older individuals and individuals trained

3 in field of aging);

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

5 paragraph (9), and amending such paragraph—

6 (i) by inserting ‘‘LONG-TERM CARE OM7 BUDSMAN PROGRAM.—after ‘‘(9)’’; and

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

9 expend for such purpose not less than the total

10 amount so expended by the State agency in fis11 cal year 1991’’; and

12 (B) by striking paragraph (21);

13 (12) by redesignating paragraph (13) as para14 graph (10), and amending such paragraph—

15 (A) by inserting ‘‘NUTRITION SERV16 ICES.—’’ after ‘‘(10)’’;

17 (B) by striking subparagraphs (B) (pri18 mary consideration to congregate meals), (D)

19 (accessibility of congregate meal site), (E) (out20 reach), (H) (grandfathered providers of home21 delivered meals), and (M) (nonfinancial eligi22 bility criteria); and

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

24 subparagraph (K);
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1 (ii) by striking ‘‘; and’’ at the end of sub2 paragraph (L) and inserting a period; and

3 (iii) by redesignating subparagraph (C)

4 and the remaining subparagraphs as subpara5 graphs (B) through (H);

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

7 use of funds under the Act for acquisition, alter8 ation, or construction of facilities);

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

10 paragraph (12), and amending such paragraph—

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

12 after ‘‘(12)’’; and

13 (ii)(I) by striking ‘‘and’’ at the end of sub14 paragraph (D); and

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

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

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

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

19 ‘‘the State will’’; and

20 (ii) by relocating and redesignating such para21 graph (18) as paragraph (12)(F);

22 (15) by redesignating paragraph (16) as para23 graph (13), and amending such paragraph by insert24 ing ‘‘PREVENTION OF ABUSE.—’’ after ‘‘(13)’’;
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1 (16) by striking paragraph (17) (in-service per2 sonnel training);

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

4 that area agencies may give grants or contracts to

5 providers of education and training services);

6 (18) by redesignating paragraph (20) as para7 graph (14), and amending such paragraph by insert8 ing ‘‘OLDER INDIVIDUALS OF LIMITED ENGLISH9 SPEAKING ABILITY.—’’;

10 (19) by redesignating paragraph (23) as para11 graph (15), and amending such paragraph by insert12 ing ‘‘SPECIAL NEEDS POPULATIONS.—’’ after

13 ‘‘(15)’’;

14 (20) by redesignating paragraph (24) as para15 graph (16), and amending such paragraph by insert16 ing ‘‘OUTREACH.—’’ after ‘‘(16)’’;

17 (21) by redesignating paragraph (25) as para18 graph (17), and amending such paragraph by insert19 ing ‘‘OLDER INDIVIDUALS WITH SEVERE DISABIL20 ITIES.—after ‘‘(17)’’;

21 (22) by redesignating paragraph (26) as para22 graph (18), and amending such paragraph—

23 (A) by inserting ‘‘COMMUNITY-BASED

24 SERVICES.—(A) LONG-TERM CARE SERV25 ICES.—’’ after ‘‘(18)’’; and
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1 (B) by striking ‘‘section 306(a)(6)(I)’’ and

2 inserting ‘‘section 306(a)(6)(D)’’; (23) by relo3 cating and redesignating paragraph (44) as

4 paragraph (18)(B);

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

6 concerning part D in-home services program);

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

8 concerning part E special needs program);

9 (26) by redesignating paragraph (30) as para10 graph (19), and amending such paragraph by insert11 ing ‘‘TITLE VII PROGRAM.—’’ after ‘‘(19)’’;

12 (27) by striking paragraph (31) (State volun13 teer services coordinator);

14 (28) by redesignating paragraph (32) as para15 graph (20), and amending such paragraph by insert16 ing ‘‘TECHNICAL ASSISTANCE TO PROVIDERS.—’’

17 after ‘‘(20)’’;

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

19 paragraph (21), and amending such paragraph by

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

21 ‘‘(21)’’; and

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

23 of paragraph (35) as clauses (i) and (ii), and redes24 ignating and relocating such paragraph (35) as sub25 paragraph (B) of paragraph (21);
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1 (30) by redesignating paragraph (36) as para2 graph (22), and amending such paragraph by insert3 ing ‘‘CASE MANAGEMENT PROVIDERS.—’’ after

4 ‘‘(22)’’;

5 (31) by striking paragraphs (38) and (39) (as6 surances concerning use of funds);

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

8 concerning part G program for inhome caretakers);

9 (33) by striking paragraph (41) (efforts to co10 ordinate services and provide multigenerational ac11 tivities); and

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

13 of transportation services);

14 SEC. 116. HEALTH CARE INFORMATION SYSTEMS.

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

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

17 the following new paragraph:

18 ‘‘(11) HEALTH CARE INFORMATION, COUN19 SELING, ADVOCACY, AND COORDINATION.—

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

21 an assurance that the State agency will make

22 demonstrable efforts—

23 ‘‘(i) to develop, arrange for, and oper24 ate a system providing any one or more of
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1 the services specified in subparagraph (B);

2 or

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

4 another entity or entities within the State,

5 of any one or more of such services.

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

7 be provided for under subparagraph (A)

8 include—

9 ‘‘(i) health care information services

10 to assist older individuals to make in11 formed health care choices;

12 ‘‘(ii) counseling of older individuals in

13 the selection of public and private health

14 care benefits, policies, and options;

15 ‘‘(iii) a health care ombudsman pro16 gram to provide health care advocacy and

17 assist vulnerable older individuals with

18 health care choices and appeals; and

19 ‘‘(iv) assistance to providers of nutri20 tion and supportive services and providers

21 of acute and chronic health care with re22 spect to identifying and meeting health

23 care needs of older individuals.’’.
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1 SEC. 117. STATE OPTION FOR COST SHARING.

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

3 (42 U.S.C. 3027(a)) (as previously amended) is amended

4 by adding at the end the following new paragraph:

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

6 the State elects to require cost sharing by recipients

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

8 permit area agencies on aging to require cost shar9 ing by recipients of services under area plans), the

10 plan shall—

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

12 required for—

13 ‘‘(i) information and assistance, out14 reach, or case management services;

15 ‘‘(ii) ombudsman or other protective

16 services; or

17 ‘‘(iii) congregate or home-delivered

18 nutrition services; and

19 ‘‘(B)(i) exempt from cost-sharing require20 ments individuals who declare that they have

21 incomes below a low-income threshold set by the

22 State, and

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

24 with incomes above such threshold on a sliding25 fee scale based on income.’’.
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1 (b) AREA PLAN REQUIREMENT.—Section 306(a) (42

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

3 adding at the end the following new paragraph:

4 ‘‘(12) provide assurances that any requirements

5 for cost-sharing by recipients of services under the

6 plan will be consistent with the provisions of the

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

8 SEC. 118. STATE OPTION CONCERNING CONSUMER-DI9 RECTED SERVICES.

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

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

12 further amended by adding at the end the following new

13 paragraph:

14 ‘‘(24) STATE OPTION CONCERNING CON15 SUMER-DIRECTED SERVICES.—The plan shall

16 specify—

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

18 which supportive or nutrition services) the State

19 elects to permit area agencies on aging—

20 ‘‘(i) to provide services to older indi21 viduals through direct contracts with the

22 individuals delivering such services; or

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

24 older individuals to permit such older indi25 viduals to contract with individuals or enti-
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1 ties for the delivery of such services (and,

2 if so, any requirements for the setting of

3 payment rates or amounts);

4 ‘‘(B) the qualifications and other require5 ments that must be met by individuals and enti6 ties providing services under such arrange7 ments; and

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

9 under which) services may be provided to an

10 older individual by a family member under such

11 an arrangement;

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

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

14 vouchers or cash are used for the purposes for

15 which they are provided; and

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

17 procedures necessary to ensure appropriate

18 withholding and crediting of taxes and other

19 amounts from payments to individuals and enti20 ties providing consumer-directed services, in

21 compliance with applicable Federal and State

22 laws.’’.

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

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

25 cash or voucher provided in accordance with section
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1 307(a)(24)(A)(ii)’’ before ‘‘may be treated as income or

2 benefits’’.

3 SEC. 119. STATE-AREA AGENCY SERVICE INNOVATION DE4 VELOPMENT PROJECTS.

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

6 U.S.C. 3027) is amended—

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

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

9 paragraph:

10 ‘‘(25) STATE OPTION FOR SERVICE INNOVATION

11 DEVELOPMENT PROJECTS.—The plan shall state

12 whether the State elects to operate a program under

13 subsection (g), and if so shall provide the informa14 tion required by subsection (g)(2).’’.

15 ‘‘(g) SERVICE INNOVATION DEVELOPMENT

16 PROJECTS.—

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

18 may elect to implement a project or projects, in col19 laboration with one or more area agencies, to de20 velop, test, and implement innovative, cost-effective

21 methods of delivering to older individuals and their

22 families services that may be provided with funds

23 under this Act.

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

25 plan shall specify—
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1 ‘‘(A) the service innovations to be devel2 oped and tested;

3 ‘‘(B) the area agencies that will partici4 pate;

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

6 will be implemented;

7 ‘‘(D) the methodology to be used to evalu8 ate the results of the demonstration;

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

10 ‘‘(F) such other information as the Assist11 ant Secretary may require.

12 ‘‘(3) AVAILABILITY OF FUNDS.—

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

14 reserve, from the total amount appropriated for

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

16 section 303 and allotted to the State under sec17 tion 304, up to the greater of 4 percent of such

18 total amount or

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

20 the fifty States, the District of Columbia,

21 and the Commonwealth of Puerto Rico;

22 and

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

24 the United States Virgin Islands, American
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1 Samoa, and the Commonwealth of the

2 Northern Mariana Islands.

3 ‘‘(B) RESTRICTION.—Amounts available

4 under this subsection shall be used only for

5 costs of delivering services, and may not be

6 used for related administrative costs.’’.

7 SEC. 120. TRANSFER OF FUNDS BETWEEN PROGRAMS.

8 (a) STREAMLINING OF GENERAL RULES.—Section

9 308(b) (42 U.S.C. 3028(b)) is amended—

10 (1) in paragraph (4)—

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

12 (B) by striking subparagraph (B) (Assist13 ant Secretary’s discretion to permit State to

14 transfer additional amounts between congregate

15 and home-delivered meal programs); and

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

17 funds between nutrition and services programs), to

18 read as follows:

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

20 from funds appropriated under subsections (a)(1), and

21 (b)(1) and (2), of section 303, the State may elect to

22 transfer not more than 20 percent between programs

23 under part B and part C, for use as the State considers

24 appropriate.
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1 (b) WAIVER AUTHORITY.—For the Assistant Sec2 retary’s authority to waive limitations on amounts trans3 ferable between programs, see section 123 of this Act,

4 adding a new section 314.

5 SEC. 121. AVAILABILITY OF DISASTER RELIEF FUNDS TO

6 TRIBAL ORGANIZATIONS.

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

8 (1) in subsection (a)(1)—

9 (A) by inserting ‘‘(or to any tribal organi10 zation receiving a grant under title VI)’’ after

11 ‘‘any State’’; and

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

13 organization)’’ before ‘‘for the delivery of sup14 portive services’’;

15 (2) in subsection (a)(2), by inserting ‘‘and trib16 al organizations’’ after ‘‘States’’; and

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

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

19 and

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

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

22 SEC. 122. NUTRITION SERVICES INCENTIVE PROGRAM.

23 (a) ADJUSTMENT OF ALLOTMENT FORMULA.—Sec24 tion 311 (42 U.S.C. 3030a) is amended—
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1 (1) in the caption, to read: ‘‘NUTRITION SERV2 ICES INCENTIVE PROGRAM’’;

3 (2) by relocating and redesignating subsection

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

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

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

7 and (d) as subsections (c), (d), (e), and (f), respec8 tively;

9 (5) by inserting after the caption the following

10 new subsections:

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

12 this section is to enable the Secretary of Agriculture to

13 provide incentives to encourage and reward effective per14 formance by States and tribal organizations in the effi15 cient delivery of nutritious meals to older Americans.

16 ‘‘(b) NUTRITION SERVICES INCENTIVE PAYMENTS.—

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

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

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

20 organization with an application approved under title

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

22 ratio to the total amount appropriated for such fis23 cal year under subsection (e) as the number of meals

24 served in the State, under such plan approved for

25 the preceding fiscal year (or the number of meals
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1 served by the tribal organization, under such appli2 cation approved for such preceding fiscal year),

3 bears to the total number of such meals served in

4 all States and by all tribal organizations under all

5 such plans and applications approved for such pre6 ceding fiscal year.

7 ‘‘(2) CALCULATION OF ALLOTMENT FOR CER8 TAIN TRIBAL ORGANIZATIONS.—For purposes of

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

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

11 year but that did not receive assistance under this

12 section for the preceding fiscal year, the number of

13 meals served by the tribal organization in the pre14 ceding fiscal year shall be deemed to equal the num15 ber of meals that the Assistant Secretary estimates

16 will be served by the tribal organization in the cur17 rent fiscal year.’’; and

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

19 as follows:

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

21 carrying out the purposes of this section (other than sub22 section (c)(1)), there are authorized to be appropriated

23 $150,000,000 for fiscal year 2000 and such sums as may

24 be necessary for each of the four succeeding fiscal years.’’.
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1 (b) ELIMINATION OF MAINTENANCE OF EFFORT.—

2 Section 339A is repealed.

3 SEC. 123. WAIVERS OF CERTAIN REQUIREMENTS FOR

4 STATE PROGRAMS.

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

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

7 end the following new section:

8 ‘‘SEC. 315. WAIVERS.

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

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

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

12 agency containing or accompanied by documentation suffi13 cient to establish, to the satisfaction of the Assistant Sec14 retary, that—

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

16 obtained or is not required;

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

18 agencies on aging with respect to the proposal for

19 which waiver is sought;

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

21 public review and comment within the State (and a

22 summary of comments received shall be included

23 with the application); and

24 ‘‘(4) the State agency has given adequate con25 sideration to the probable positive and negative con-
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1 sequences of approval of the waiver application, and

2 the probable benefits for older individuals can rea3 sonably be expected to outweigh any negative con4 sequences, or particular circumstances in the States

5 otherwise justify the waiver.

6 ‘‘(b) REQUIREMENTS SUBJECT TO WAVIER.—The

7 provisions of this title that may be waived under this sec8 tion are—

9 ‘‘(1) any provisions of section 305, 306, 307 re10 quiring statewide uniformity of programs under this

11 title, to the extent necessary to permit demonstra12 tions, in limited areas of a State, of innovative ap13 proaches to assist older individuals;

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

15 306(a);

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

17 307(a);

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

19 or (5), on the amount that may be transferred be20 tween programs under part B and part C, or be21 tween programs under subpart 1 and subpart 2 of

22 part C; and

23 ‘‘(5) all or any part of the reduction in allot24 ment required under section 309(c) with respect to

25 a State which reduces expenditures under its State
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1 plan (but only to the extent that the non-Federal

2 share of expenditures is not reduced below any min3 imum specified in section 304(d) or any other provi4 sion of this title).

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

6 State agency for a waiver under this section shall include

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

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

9 Secretary, in granting any waiver, shall specify the dura10 tion of the waiver, which may be the duration rec11 ommended by the State agency or such shorter time period

12 as the Assistant Secretary finds appropriate.

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

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

15 waiver granted under this section, not later than one year

16 after the expiration of such waiver, and at any times dur17 ing the waiver period that the Assistant Secretary may

18 require, concerning the impact of the waiver on the oper19 ation and effectiveness of programs and services under

20 this title in the State.’’.

21 (b) CONFORMING AMENDMENTS.—

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

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

4 amended—

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

6 maintenance of effort for rural areas); and

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

8 SEC. 124. CONSOLIDATION AND REVISION OF AUTHORITIES

9 FOR SUPPORTIVE SERVICES AND SENIOR

10 CENTERS.

11 (a) ASSISTANCE IN OBTAINING HOUSING.—Section

12 321(a)(4) (42 U.S.C. 3030d(a)(4)) is amended by striking

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

14 assist older individuals to obtain housing assisted under

15 programs of the Department of Housing and Urban De16 velopment;’’.

17 (b) COMMUNITY-BASED CARE AND SERVICES.—Sec18 tion 321(a)(5) (42 U.S.C. 3030d(a)(5)) is amended by

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

20 ‘‘including—

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

22 and development and coordination of commu23 nity services;

24 ‘‘(B) in-home services for frail older indi25 viduals (including supportive services for vic-
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1 tims of Alzheimer’s disease and related dis2 orders with neurological and organic brain dys3 function, and for the families of such individ4 uals);

5 ‘‘(C) supportive activities to meet the spe6 cial needs of caregivers, including caretakers

7 who provide in-home services to frail older indi8 viduals;

9 ‘‘(D) in-home and other community serv10 ices, including home health, homemaker, shop11 ping, escort, reader, and letter writing services,

12 to assist older individuals to live independently

13 in a home environment;’’.

14 (c) EMPLOYMENT-RELATED PROGRAMS.—Section

15 321(a)(12) (42 U.S.C. 3030d(a)(12)) is amended by add16 ing before the semicolon’’, including coordination with pro17 grams administered or assisted by the Department of

18 Labor’’.

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

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

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

22 other services’’.

23 (e) RELOCATION OF DEFINITIONS.—

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

25 ‘‘in-home services’’) is relocated and redesigned as
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1 paragraph (46) of section 102 (42 U.S.C. 3002),

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

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

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

5 of ‘‘disease prevention and health promotion serv6 ices’’) is relocated and redesignated as paragraph

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

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

9 ‘‘The term’’.

10 (f) REPEAL OF SUPERSEDED AUTHORITIES.—

11 (1) SUBSTANTIVE AUTHORITY.—Part (D) (In12 Home Services for Frail Older Individuals), part E

13 (Additional Assistance for Special Needs of Older

14 Individuals), and part G (Supportive Activities for

15 Caretakers Who Provide In-Home Services to Frail

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

17 et seq., and 3030p, et seq., respectively) are re18 pealed.

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

20 REPEALS; REDESIGNATION.—Section 303 (42

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

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

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

24 (B) CONFORMING AMENDMENT.—Sections

25 202(a)(24) (42 U.S.C. 3012(a)(24)) and 304(b)(2)
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1 (42 U.S.C. 3024(b)(2)) are each amended by strik2 ing ‘‘303(h)’’ and inserting ‘‘303(f)’’.

3 SEC. 125. CONSOLIDATION OF AUTHORITIES FOR NUTRI4 TION SERVICES.

5 (a) SCHOOL-BASED MEALS AS CONGREGATE NUTRI6 TION SERVICES.—

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

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

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

10 relocated and redesignated as subsection (b) of sec11 tion 331, and is amended, in the matter preceding

12 paragraph (1), by striking all that precedes

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

14 ‘‘(b) SCHOOL-BASED MEALS AND MULTI15 GENERATIONAL PROGRAMS.—The State may include, in

16 programs under this section,’’.

17 (b) REPEAL OF SUPERSEDED AUTHORITY.—

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

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

20 subpart 3 and redesignating subpart 4 as subpart 3.

21 (2) AUTHORIZATION OF APPROPRIATIONS.—

22 Section 303(b)(3) (42 U.S.C. 3023(b)(2)) is re23 pealed.
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1 SEC. 126. NATIONAL FAMILY CAREGIVER SUPPORT PRO2 GRAM.

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

4 III (42 U.S.C. 3030h et seq.) is amended to read as fol5 lows:

6 ‘‘PART D—NATIONAL FAMILY CAREGIVER

7 SUPPORT PROGRAM

8 ‘‘Subpart 1—State Grant Program

9 ‘‘SEC. 341. PROGRAM AUTHORIZED.

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

11 carry out a program under this subpart for making grants

12 to States under State plans approved under section 307

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

14 informal providers of in-home and community care to

15 older individuals.

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

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

18 agency on aging shall coordinate with other community

19 agencies and voluntary organizations providing the types

20 of services for which funding is available under this sub21 part.

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

23 services provided in a State program under this subpart

24 shall include—

25 ‘‘(1) provision of information to caregivers

26 about available services;
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1 ‘‘(2) assistance to caregivers in gaining access

2 to such services;

3 ‘‘(3) individual counseling, organization of sup4 port groups, and provision of caregiver training to

5 help families make decisions and solve problems re6 lating to their caregiving roles;

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

8 informal caregivers to be temporarily relieved from

9 their caregiving responsibilities; and

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

11 limited basis, to complement the care provided by

12 families and other informal caregivers.

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

14 caregivers of an older individual to be eligible to receive

15 services provided by a State program under this subpart,

16 the State must—

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

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

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

20 ‘‘(2) give priority for services to older individ21 uals and families with the greatest social and eco22 nomic need, consistent with the requirements of sec23 tion 305(a)(2)(E).

24 ‘‘(e) QUALITY STANDARDS AND ACCOUNTABILITY.—
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1 ‘‘(1) The State shall have in place mechanisms

2 designed to assure the quality of services provided

3 with assistance under this subpart.

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

5 records at the times and in the standardized format

6 that the Assistant Secretary may require in order to

7 enable the Assistant Secretary to monitor State pro8 gram administration and compliance, and to evalu9 ate and compare the effectiveness of State programs

10 under this subpart.

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

12 Secretary on the data and information required

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

14 activities funded under this subpart, and standards

15 and methods by which the quality of services shall

16 be assured.

17 ‘‘(f) STATE OPTION FOR COST SHARING.—

18 ‘‘(1) IN GENERAL.—A State may elect to re19 quire cost sharing under this subpart for services de20 scribed in paragraphs (4) and (5) of subsection (a)

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

22 require cost sharing by recipients of such services

23 under area plans), but—
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1 ‘‘(A) individuals with incomes below the

2 Federal poverty line shall be exempt from cost3 sharing requirements; and

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

5 incomes above such threshold shall be set on a

6 sliding-fee scale based on income.

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

8 scales imposed under this subsection are subject to

9 approval by the Assistant Secretary.

10 ‘‘(3) REPORTING REQUIRED IF FEE SCHEDULE

11 NOT USED.—A State electing not to require or per12 mit fees pursuant to this subsection shall report to

13 the Assistant Secretary on the alternative methods

14 used by the State to satisfy the requirement of sec15 tion 305(a)(2)(E) to give priority to individuals with

16 greatest economic and social need.

17 ‘‘(g) AVAILABILITY OF FUNDS.—

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

19 subpart shall be carried out with the balance of

20 funds appropriated under section 303(d) remaining

21 after reservation of funds under sections 345 and

22 346 for carrying out subpart 2.

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

24 AREA PLANS.—Amounts made available to a State

25 under this subpart may be used, in addition to
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1 amounts available in accordance with section

2 303(c)(1), for costs of administration of area plans.

3 ‘‘(3) FEDERAL SHARE.—

4 ‘‘(A) Notwithstanding section

5 304(d)(1)(D), amounts made available to a

6 State under this subpart shall be available to

7 pay not more than 75 percent of the costs of

8 services provided under this subpart.

9 ‘‘(B) Federal funds and cost sharing by re10 cipients of services provided under this subpart

11 cannot be used for the non-Federal share of

12 funds under this subpart.

13 ‘‘SEC. 342. MAINTENANCE OF EFFORT.

14 ‘‘Funds made available under this subpart shall be

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

16 that are or would otherwise be expended under any Fed17 eral, State, or local law by a State or unit of general pur18 pose local government (including area agencies on aging)

19 which have in their planning and service areas existing

20 services equivalent to the services which may be funded

21 under this subpart.

22 ‘‘Subpart 2—National Innovation Programs

23 ‘‘SEC. 345. INNOVATION GRANT PROGRAM.

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

25 carry out a program for making grants on a competitive
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1 basis to foster the development and testing of new ap2 proaches to sustaining the efforts of families and other

3 informal caregivers of older individuals, and to serving

4 particular groups of caregivers of older individuals, includ5 ing minority caregivers and distant caregivers.

6 ‘‘(b) EVALUATION AND DISSEMINATION OF RE7 SULTS.—The Assistant Secretary shall provide for evalua8 tion of the effectiveness of programs and activities funded

9 with grants under this subpart, and for dissemination to

10 States of descriptions and evaluations of such programs

11 and activities, to enable States to incorporate successful

12 approaches into their programs under this part.

13 ‘‘(c) AVAILABILITY OF FUNDS.—

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

15 shall reserve up to 10 percent of the amount appro16 priated under section 303(d) to carry out the pro17 gram under this section.

18 ‘‘(2) NATIVE AMERICAN PROGRAMS.—20 per19 cent of the amount reserved under paragraph (1)

20 shall be available for programs and activities for Na21 tive Americans.

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

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

24 directly or by grant or contract, carry out activities of na25 tional significance to promote quality and continuous im-
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1 provement in the support provided to family and other in2 formal caregivers of older individuals through program

3 evaluation, training, technical assistance, and research.

4 ‘‘(b) AVAILABILITY OF FUNDS.—The Assistant Sec5 retary shall reserve up to 2 percent of the amount appro6 priated under section 303(d) to carry out the program

7 under this section.’’.

8 (b) AUTHORIZATION OF APPROPRIATIONS.—Section

9 303 (as amended by section 124(d)(2) of this Act) is

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

11 subsection:

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

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

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

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

16 programs under part D of this title (relating to the na17 tional family caregiver program).’’.

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

19 amended in the first sentence by inserting ‘‘remaining

20 after reservations of funds in accordance with sections 345

21 and 346’’ after ‘‘from the sums appropriated under sec22 tion 303 for each fiscal year’’.

23 (d) AVAILABILITY OF TITLE III–D FUNDS FOR RE24 ALLOTMENT.—Section 304(b) is amended in the first sen-
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1 tence by striking ‘‘part B or C’’ and inserting ‘‘part B,

2 C, or D’’.

3 SEC. 127. AUTHORIZATION OF APPROPRIATIONS.

4 (a) SUPPORTIVE SERVICES AND SENIOR CENTERS.—

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

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

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

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

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

10 (b) CONGREGATE NUTRITION SERVICES.—Section

11 303(b)(1) is amended by striking all that precedes ‘‘for

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

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

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

15 fiscal years,’’.

16 (c) HOME-DELIVERED NUTRITION SERVICES.—Sec17 tion 303(b)(2) (42 U.S.C. 3023(b)(2)) is amended by

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

19 ‘‘There are authorized to be appropriated $147,000,000

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

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

22 (d) PREVENTIVE HEALTH SERVICES.—Section

23 303(e) (as redesignated by section 124 of this Act) is

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

25 and inserting ‘‘There are authorized to be appropriated
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1 $16,123, 000 for fiscal year 2000 and such sums as may

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

3 PART C—STATE AND LOCAL INNOVATIONS AND

4 PROGRAMS OF NATIONAL SIGNIFICANCE

5 SEC. 141. REVISION OF TITLE IV.

6 Title IV is amended—

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

8 ‘‘TITLE IV—STATE AND LOCAL

9 INNOVATIONS AND PRO10 GRAMS OF NATIONAL SIG11 NIFICANCE’’;

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

13 ‘‘SEC. 401. STATEMENT OF PURPOSE.

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

15 knowledge and understanding of the older population and

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

17 of innovative ideas and best practices in programs and

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

19 trained personnel in the field of aging; and to increase

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

21 personal responsibility for their own longevity.’’;

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

23 inserting the following new part:
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1 ‘‘PART A—PROGRAMS AND ACTIVITIES

2 AUTHORIZED

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

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

5 Assistant Secretary may make grants to States, public or

6 nonprofit private agencies, organizations, and institutions,

7 and tribal organizations, and may enter into contracts

8 with any agency, organization, institution, or individual

9 for the following activities—

10 ‘‘(1) education and training to develop an ade11 quately trained workforce to work with and on be12 half of older individuals;

13 ‘‘(2) applied social research and analysis to im14 prove access and delivery of services for older indi15 viduals, as well as evaluation of the performance and

16 measurement of the results of programs, activities,

17 and services provided under this Act;

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

19 improve quality and effectiveness of such services;

20 ‘‘(4) demonstration of new approaches to de21 sign, deliver, and coordinate programs and services

22 for older individuals;

23 ‘‘(5) technical assistance in planning, develop24 ment, implementation, and improvement of services

25 and activities conducted under this Act;
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1 ‘‘(6) dissemination of information related to

2 longevity and its ramifications for various segments

3 of the elderly population, life course planning, and

4 services and programs for older individuals that in5 corporates new ideas, utilizes advances in our knowl6 edge, and stimulates the adoption of innovative best

7 practices to benefit older individuals; and

8 ‘‘(7) other similar activities that, in the judg9 ment of the Assistant Secretary, will achieve the

10 purposes of this title.’’’;

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

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

13 433, respectively, (42 U.S.C. 3037, 3037a and

14 3037b, respectively) as sections 421, 422, and 423.

15 SEC. 142. AUTHORIZATION OF APPROPRIATIONS.

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

17 section 141 of this Act) is amended—

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

19 ‘‘(a) AUTHORIZATIONS.—

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

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

22 fiscal year 2000 and such sums as may be necessary

23 for each of the succeeding fiscal years.

24 ‘‘(2) NATIONAL OMBUDSMAN AND ELDER

25 ABUSE CENTERS.—Funds available under this sub-
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1 section may be used, to the extent the Assistant Sec2 retary finds necessary.’’;

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

4 (3) in subsection (c), by striking ‘‘(c)’’ and in5 serting ‘‘(b) RESTRICTIONS.—’’.

6 PART D—COMMUNITY SERVICE EMPLOYMENT

7 FOR OLDER AMERICANS

8 SEC. 151. PURPOSES OF PROJECTS.

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

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

11 and

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

13 paragraph:

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

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

16 benefits of the program, the Secretary shall encourage

17 projects to place participants in unsubsidized employ18 ment.’’.

19 SEC. 152. PROGRAM AUTHORIZED.

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

21 (42 U.S.C. 3056(b)(1)) is amended—

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

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

24 ‘‘arrangements with the local one-stop delivery sys-
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1 tem established under title I of the Workforce In2 vestment Act of 1998 and’’;

3 (2) in subparagraph (N)(i)—

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

5 through ‘‘except’’ and inserting ‘‘prepare an as6 sessment of the participants’ skills and talents

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

8 (B) by striking ‘‘the Job Training Partner9 ship Act (29 U.S.C. 1501 et seq.) or the Carl

10 D. Perkins Vocational and Applied Technology

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

12 inserting ‘‘the Workforce Investment Act of

13 1998, the Carl D. Perkins Vocational and Tech14 nical Education Act of 1998, or part A of title

15 IV of the Social Security Act’’; and

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

17 the following:

18 ‘‘(O) will provide appropriate services for

19 participants through the local one-stop delivery

20 system established under title I of the Work21 force Investment Act of 1998, and will be in22 volved in the planning and operations of such

23 system pursuant to a memorandum of under24 standing with the local workforce investment
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1 board in accordance with section 121(c) of such

2 Act; and’’.

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

4 3056(b)) is further amended—

5 (1) by striking paragraph (4);

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

7 paragraphs (3) and (4), respectively, and by insert8 ing after paragraph (1) the following new para9 graph:

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

11 provided for an eligible individual under this title

12 shall satisfy any conditions for an assessment or in13 dividual employment plan for an adult participant

14 under title I of the Workforce Investment Act of

15 1998, in order to determine whether such individual

16 qualifies for intensive training services in accordance

17 with such Act.

18 ‘‘(B) An assessment and service strategy pro19 vided for an eligible individual under title I of the

20 Workforce Investment Act of 1998 shall satisfy any

21 conditions for an assessment and service strategy

22 under this title.’’; and

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

24 striking ‘‘prime sponsors,’’.
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1 (c) COST LIMITATIONS.—Section 502(c)(3) (42

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

3 1987 and each fiscal year thereafter’’ and inserting ‘‘for

4 any fiscal year’’.

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

6 (42 U.S.C. 3056(d)) is amended—

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

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

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

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

11 ‘‘for public comments’’.

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

13 3056(e)) is amended—

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

15 follows:

16 ‘‘(C) require the coordination of projects

17 carried out under such agreements, with the

18 programs carried out under title I of the Work19 force Investment Act of 1998.’’; and

20 (2) by striking paragraphs (3) and (4).

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

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

23 the following new subsection:

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

25 evaluations of the programs authorized under this title,
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1 which may include but are not limited to projects de2 scribed in subsection (e).’’.

3 SEC. 153. ADMINISTRATION.

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

5 is amended—

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

7 ‘‘titles III, IV, and VI’’ each place it appears and in8 serting ‘‘other titles of this Act’’;

9 (2) in subsection (b)(1)—

10 (A) by striking ‘‘Job Training Partnership

11 Act’’ each place it appears and inserting

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

13 (B) by striking ‘‘Vocational Education Act

14 of 1984’’ each place it appears and inserting

15 ‘‘the Carl D. Perkins Vocational and Technical

16 Education Act of 1998, the National and Com17 munity Services Act of 1990, and the Domestic

18 Volunteer Service Act of 1973,’’; and

19 (3) by amending subsection (f) to read as fol20 lows:

21 ‘‘(f) MONITORING, FISCAL CONTROLS, AND RE22 PORTS.—

23 ‘‘(1) MONITORING.—The Secretary shall mon24 itor programs receiving financial assistance under

25 this title to determine whether the grantees are com-
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1 plying with the provisions of and regulations issued

2 under this title.

3 ‘‘(2) FISCAL CONTROLS.—Each grantee receiv4 ing funds under this title shall comply with the ap5 plicable uniform cost principles and appropriate ad6 ministrative requirements for grants and contracts

7 that are applicable to the type of entity receiving

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

9 of Management and Budget.

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

11 such records and submit such reports, in such form

12 and containing such information, as the Secretary

13 may require regarding activities carried out under

14 this title, including the performance of programs.

15 Each grantee receiving funds under this title shall

16 keep records that are sufficient to permit the prepa17 ration of reports required pursuant to this title and

18 to permit the tracing of funds to a level of expendi19 ture adequate to ensure that the funds have not

20 been spent unlawfully.’’.

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

22 U.S.C. 3056c) is amended—

23 (1) by striking subsection (c);

24 (2) by redesignating subsection (d) as sub25 section (c); and
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1 (3) in paragraph (2) of such subsection (c) (as

2 so redesignated), by striking ‘‘Carl D. Perkins Voca3 tional and Applied Technology Education Act (20

4 U.S.C. 2301 et seq.)’’ and inserting ‘‘Carl D. Per5 kins Vocational and Technical Education Act of

6 1998’’.

7 SEC. 154. EQUITABLE DISTRIBUTION OF ASSISTANCE.

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

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

10 subsection (b) and inserting the following:

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

12 ‘‘(a) FUNDS RESERVED OR ALLOTTED.—

13 ‘‘(1) From the sums available from appropria14 tions to carry out this title for each fiscal year, 78

15 percent of the amount remaining after the Secretary

16 makes the reservation under paragraph (3) shall be

17 used in accordance with the provisions of the fol18 lowing subparagraphs:

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

20 sums as may be necessary for national grants

21 or contracts with public agencies and public or

22 nonprofit private organizations to maintain the

23 level of activities carried on under such grants

24 or contracts, in the aggregate, at least at the
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1 level of such activities supported under this title

2 in the preceding year.

3 ‘‘(B) The Secretary shall reserve such

4 sums as may be necessary for national grants

5 or contracts with public or nonprofit national

6 Indian aging organizations with the ability to

7 provide employment services to older Indians

8 and with national public or nonprofit Pacific Is9 land and Asian American aging organizations

10 with the ability to provide employment to older

11 Pacific Island and Asian Americans.

12 ‘‘(C) Preference in awarding grants or con13 tracts under this paragraph shall be given to

14 national organizations, and agencies, of proven

15 ability in providing employment services to eligi16 ble individuals under this program and similar

17 programs.

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

19 contracts under paragraphs (1) and (4) of this sub20 section, shall, to the extent feasible, assure an equi21 table distribution of activities under such grants and

22 contracts among the States, in accordance with the

23 allotments among the States required by paragraph

24 (5).
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1 ‘‘(3) From the sums available from appropria2 tions to carry out this title for each fiscal year, the

3 Secretary shall reserve an amount, which shall be at

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

5 amount appropriated, for the purpose of—

6 ‘‘(A) entering into agreements under sec7 tion 502(e), relating to improved transition to

8 private employment; and

9 ‘‘(B) incentive grants for performance as

10 described in section 514(d).

11 ‘‘(4) From the sums available from appropria12 tions to carry out this title for each fiscal year, 22

13 percent of the amount remaining after the Secretary

14 makes the reservation under paragraph (3) shall be

15 allotted to the appropriate public agencies of the

16 States for carrying out projects and activities au17 thorized in this title.

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

19 the Secretary shall allot the sums available from ap20 propriations for any fiscal year under section 508 of

21 this title so that each State will receive an amount

22 which bears the same ratio to such sums as the

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

24 over in the State and the allotment percentage of
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1 such State bears to the sum of the corresponding

2 product for all States, except that—

3 ‘‘(A) no State (except as described in sub4 paragraph (C)) shall be allotted less than one5 half of 1 percent of the sum available from ap6 propriations for the fiscal year for which the de7 termination is made, or $100,000, whichever is

8 greater;

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

10 percent of its proportionate share of the total

11 allotments received by all of the States under

12 this section for the preceding fiscal year; and

13 ‘‘(C) Guam, American Samoa, the Com14 monwealth of the Northern Mariana Islands,

15 and the Virgin Islands shall each be allotted an

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

17 percent of the sums available from appropria18 tions for the fiscal year for which the deter19 mination is made, or $50,000, whichever is

20 greater.

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

22 ‘‘(A) the allotment percentage of each

23 State shall be 100 percent less that percentage

24 which bears the same ration to 50 percent as

25 the per capita income of such State bears to the
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1 per capita income of the United States, except

2 that (i) the allotment percentage shall in no

3 case be more than 75 percent or less than 33

4 percent, and (ii) the allotment percentage for

5 the District of Columbia, the Commonwealth of

6 Puerto Rico, Guam, the Virgin Islands, Amer7 ican Samoa, and the Commonwealth of the

8 Northern Mariana Islands shall be 75 percent;

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

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

11 per capita income in any State and in all

12 States, shall be determined by the Secretary on

13 the basis of the most satisfactory data available

14 to the Secretary; and

15 ‘‘(C) for the purpose of determining the al16 lotment percentage, the term ‘‘United States’’

17 means the fifty States and the District of Co18 lumbia.’’.

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

20 3056d) is further amended by inserting at the end the fol21 lowing new subsections:

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

23 and other interested parties, the Secretary shall conduct

24 a study concerning improvement in the formula described

25 in this section for distributing funds for activities under
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1 this title. In conducting the study, the Secretary shall ex2 amine means of improving the allocation of funds by devel3 oping a formula which is based on statistically reliable

4 data and consistent with the goals and objectives of this

5 title. The Secretary shall prepare and submit to the Con6 gress a report containing the results of the study, includ7 ing recommendations for improved formulas for allocating

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

9 the Congress no later than 2 years after the enactment

10 of the Older Americans Act Amendments of 1999.

11 ‘‘(f) The Secretary shall periodically conduct an eval12 uation of cost factors applicable under this title, including

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

14 SEC. 155. AUTHORIZATION OF APPROPRIATIONS.

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

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

17 and inserting the following:

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

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

20 and’’;

21 (2) in subsection (b), by striking ‘‘used’’ and in22 serting ‘‘available for obligation’’, and by striking

23 the last sentence; and

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

25 following new subsection:
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1 ‘‘(c) The Secretary may recapture any unexpended

2 funds from a completed program year, and may re-obli3 gate any such funds within the two succeeding program

4 years for incentive grants under section 514(d), for tech5 nical assistance, or for grants or contracts for any other

6 program purpose authorized by this title.’’.

7 SEC. 156. WORKFORCE INVESTMENT ACTIVITIES.

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

9 as follows:

10 ‘‘SEC. 510. ELIGIBILITY FOR WORKFORCE INVESTMENT AC11 TIVITIES.

12 ‘‘Eligible individuals under this title may be deemed

13 by local workforce investment boards established under

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

15 the requirements for receiving services under such title

16 that are applicable to adults.’’.

17 SEC. 157. ADDITIONAL PROVISIONS.

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

19 by inserting at the end thereof the following new sections:

20 ‘‘SEC. 512. COORDINATION WITH THE WORKFORCE INVEST21 MENT ACT.

22 ‘‘(a) Grantees under this title shall be partners as de23 scribed in section 121(b)(1)(B)(vi) of the Workforce In24 vestment Act of 1998 in the appropriate local one-stop de-
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1 livery system under section 134(c) of such Act, and shall

2 carry out the responsibilities relating to such partners.

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

4 than one grantee provides services, the grantees shall co5 ordinate their activities related to the one-stop delivery

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

7 memorandum of understanding established under section

8 121(c) of the Workforce Investment Act of 1998.

9 ‘‘SEC. 513. WAIVERS.

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

11 submitted by a grantee receiving funds under paragraph

12 (1), (3), or (4) of section 506(a), the Secretary may waive

13 any of the statutory or regulatory requirements of this

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

15 labor standards, worker rights, participation and protec16 tion of workers and participants, grievance procedures, ju17 dicial review, and eligibility of participants.

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

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

20 goals of the waiver and the expected improvements in the

21 program if the request is approved.

22 ‘‘(c) DURATION.—The duration of each waiver ap23 proved under this section shall be limited to the duration

24 of the grant agreement. Such waiver may be renewed pur-
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1 suant to approval of a subsequent request that meets the

2 requirements of this section.

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

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

5 the Secretary concerning the impact of the waiver on the

6 operation and effectiveness of programs and services

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

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

9 such times during the waiver period as the Secretary may

10 require.

11 ‘‘SEC. 514. PERFORMANCE.

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

13 consultation with grantees under this title, measures of

14 performance that are appropriate to older worker activities

15 authorized by this title. The measures shall consist of indi16 cators of performance and levels of performance applicable

17 to each indicator. The levels of performance shall be ad18 justed by taking into account such factors as economic

19 conditions and the characteristics of participants.

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

21 include, at a minimum, the following indicators of per22 formance:

23 ‘‘(1) the number of persons served;

24 ‘‘(2) community services provided;
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1 ‘‘(3) entry into and retention in unsubsidized

2 employment; and

3 ‘‘(4) satisfaction of customers, including partici4 pants and employers, with the services provided in

5 activities under this title.

6 ‘‘(c) ADDITIONAL INDICATORS.—The measures es7 tablished pursuant to subsection (a) may include such ad8 ditional indicators of performance as the Secretary may

9 determine to be appropriate to evaluate services and per10 formance.

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

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

13 shall award incentive grants annually to grantees that ex14 ceed the performance measures established by the Sec15 retary under this section.’’.

16 PART E—GRANTS FOR NATIVE AMERICANS

17 SEC. 161. LIMIT OF ONE GRANT PER NATIVE AMERICAN OR18 GANIZATION.

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

20 (1) by redesignating subsection (b) as sub21 section (c); and

22 (2) by inserting after subsection (a) the fol23 lowing new subsection:

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

25 tribe represented by an organization specified in sub-
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1 section (a) shall be eligible for only one grant under this

2 title for any fiscal year.’’.

3 SEC. 162. EXPENDITURES FOR NUTRITION SERVICES.

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

5 (1) by striking ‘‘(c)’’ and inserting the fol6 lowing:

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

8 ‘‘(1) IN GENERAL.—’’; and

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

10 paragraph:

11 ‘‘(2) SPECIAL RULE FOR NUTRITION PRO12 GRAMS.—In determining whether an application

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

14 the Assistant Secretary shall provide maximum flexi15 bility to an applicant that seeks to take into account

16 subsistence needs, local customs, and other charac17 teristics that are appropriate to the unique cultural,

18 regional, and geographic needs of the Indian popu19 lations to be served.’’.

20 SEC. 163. AUTHORIZATION OF APPROPRIATIONS.

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

22 striking all that precedes ‘‘to carry out this title’’ and in23 serting ‘‘There are authorized to be appropriated

24 $18,457,000 for fiscal year 2000, and such sums as may

25 be necessary for each of the four succeeding fiscal years’’.
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1 PART F—VULNERABLE ELDER RIGHTS

2 PROTECTION

3 SEC. 171. CONSOLIDATED AUTHORIZATION OF APPROPRIA4 TIONS AND RELATED AMENDMENTS.

5 (a) CONSOLIDATED AUTHORIZATION.—Section 702

6 (42 U.S.C. 3058a) is amended by striking all that follows

7 the heading and inserting the following:

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

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

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

11 fiscal years.’’.

12 (b) MINIMUM FUNDING FOR OMBUDSMAN AND

13 ELDER RIGHTS ACTIVITIES.—

14 (1) REPEAL OF MINIMUM ALLOTMENTS.—Sec15 tion 703(a)(2) (42 U.S.C. 3058b(a)(2)) is

16 amended—

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

18 (B) by redesignating subparagraph (D) as

19 subparagraph (C).

20 (2) MAINTENANCE OF EFFORT REQUIRE21 MENT.—Section 705(a) (42 U.S.C. 3058d(a)) is

22 amended—

23 (A) by redesignating paragraph (8) as

24 paragraph (9);

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

26 following new paragraph:
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1 ‘‘(8) an assurance that total State expenditures

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

3 program under section 712 shall not be less than

4 total State expenditures for such programs under

5 this Act in fiscal year 1999; and

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

7 striking ‘‘paragraphs (1) through (7)’’ and in8 serting ‘‘paragraphs (1) through (8).’’.

9 (c) OPTIONAL STATE IMPLEMENTATION OF TITLE

10 VII PROGRAMS.—

11 (1) STATE ASSURANCES CONCERNING EXPENDI12 TURES.—Section 705(a)(7)(A) (42 U.S.C.

13 3058(a)(7)(A)) is amended by striking ‘‘funds ap14 propriated under section 702(d)’’ and inserting ‘‘any

15 funds used by the State’’.

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

17 (42 U.S.C. 3058g(a)) is amended by striking ‘‘In

18 order to be eligible to receive an allotment under

19 section 703 from funds appropriated under section

20 702(a), a State agency shall’’ and inserting ‘‘With

21 funds allotted to a State under section 703, the

22 State agency shall’’.

23 (3) ELDER ABUSE PREVENTION.—Section

24 721(a)(1) (42 U.S.C. 3058i(a)(1)) is amended by

25 striking ‘‘In order to be eligible to receive an allot-
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1 ment under section 703 from funds appropriated

2 under section 702(b), a State agency shall’’ and in3 serting ‘‘With funds allotted to a State under section

4 703, the State agency shall’’.

5 (4) ELDER RIGHTS AND LEGAL ASSISTANCE.—

6 Section 731(a)(1) (42 U.S.C. 3058j(a)(1)) is amend7 ed by striking ‘‘In order to be eligible to receive an

8 allotment under section 703 from funds appro9 priated under section 702(c), a State agency shall’’

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

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

12 implement a program under this chapter shall’’.

13 (5) OUTREACH, COUNSELING, AND ASSIST14 ANCE.—

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

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

17 to receive an allotment under section 703 from

18 funds appropriated under section 702(d), a

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

20 allotted to a State under section 703, consistent

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

22 State electing to implement a program under

23 this chapter shall’’.
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1 (B) Section 741(c) (42 U.S.C. 3058k(c)) is

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

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

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

5 amended by striking ‘‘MAINTENANCE OF EF6 FORT.—Any funds appropriated’’ and inserting

7 ‘‘SUPPLEMENTATION REQUIREMENT.—Any

8 funds used’’.

9 SEC. 172. LIFE COURSE PLANNING PROGRAM.

10 (a) REDESIGNATION AND EXPANSION OF OUTREACH,

11 COUNSELING, AND ASSISTANCE PROGRAM.—Chapter 5 of

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

13 amended—

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

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

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

17 3058k), to read: ‘‘STATE LIFE COURSE PLAN18 NING PROGRAM’’;

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

20 (A) by redesignating paragraphs (2)

21 through (6) as paragraphs (3) through (7), re22 spectively; and

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

24 following new paragraph:
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1 ‘‘(2) LIFE COURSE PLANNING.—The term ‘life

2 course planning’ means the identification and imple3 mentation by an individual of appropriate measures

4 to prepare for the financial, health, and social as5 pects of longevity and to ensure the protection of

6 elder rights, and includes such planning with respect

7 to—

8 ‘‘(A) economic security, including financial

9 literacy and knowledge of pension and public

10 benefits;

11 ‘‘(B) options for community participation

12 and social activities, including access to employ13 ment, volunteer, education, and leisure opportu14 nities;

15 ‘‘(C) housing options;

16 ‘‘(D) insurance benefits; and

17 ‘‘(E) consumer protection, including de18 fenses against telemarketing scams and fraudu19 lent investment offers.’’;

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

21 the matter preceding paragraph (1), by striking ‘‘es22 tablish—’’ and all that follows and inserting ‘‘estab23 lish a program to provide, to older individuals and

24 to others preparing for retirement and old age, out-
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1 reach, information, counseling, and assistance re2 lated to life course planning. The program shall—

3 ‘‘(A) at a minimum include—

4 ‘‘(i) a program to provide to older in5 dividuals outreach, counseling, and assist6 ance related to obtaining insurance bene7 fits; and

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

9 counseling, and assistance to older individ10 uals who may be eligible for, but who are

11 not receiving, public benefits;

12 ‘‘(B) provide additional life course plan13 ning services to the extent permitted by avail14 able funds;

15 ‘‘(C) establish a system of referral to ap16 propriate service providers and agencies;

17 ‘‘(D) give priority to those in greatest so18 cial and economic need, with particular atten19 tion to low-income minorities;

20 ‘‘(E) ensure coordination with services and

21 programs under title III and with other pro22 viders and agencies;

23 ‘‘(F) provide for adequate and trained

24 staff (including volunteers) to carry out the

25 program; and
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1 ‘‘(G) ensure that staff and volunteers are

2 not subject to conflicts of interest.’’.

3 (b) CONFORMING AMENDMENTS.—

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

5 as redesignated, is amended by striking ‘‘subsection

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

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

8 as redesignated, is amended by striking ‘‘subsection

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

10 SEC. 173. DEMONSTRATION AUTHORITY EXTENDED TO

11 LIFE COURSE PLANNING.

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

13 U.S.C. 3058e(a)), is amended—

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

15 (2);

16 (2) by striking the period at the end of para17 graph (3) and inserting ‘‘; and’’; and

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

19 new paragraph:

20 ‘‘(4) assistance with life course planning (as de21 fined in section 741(a)(2)).’’.

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

23 3058e(b)(1)) is amended by inserting before the semicolon

24 ‘‘, and regarding other available benefits, assistance, or
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1 services identified through life course planning described

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

3 PART G—DEFINITIONS

4 SEC. 181. DEFINITIONS.

5 (a) RELOCATION, REORDERING, AND REDESIGNA6 TION OF DEFINITIONS.—

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

8 (42 U.S.C. 3022) are relocated and redesignated as

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

10 3).

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

12 3022) is repealed.

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

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

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

16 amended—

17 (i) by striking ‘‘(A)’’ and ‘‘(B)’’ and insert18 ing ‘‘(i)’’ and ‘‘(ii)’’; and

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

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

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

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

23 amended—
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1 (i) by striking the subparagraph designa2 tions ‘‘(A)’’ through ‘‘(H)’’ and inserting clause

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

4 (ii) by inserting ‘‘(A)’’ after ‘‘(8)’’.

5 (B) Section 102(9) (42 U.S.C. 3022(9)) is

6 amended—

7 (i) by striking the subparagraph designa8 tions ‘‘(A)’’ and ‘‘(B)’’ and inserting the clause

9 designations ‘‘(i)’’ and ‘‘(ii)’’; and

10 (ii) by striking ‘‘(9)’’ and inserting ‘‘(B)’’.

11 (b) ELIMINATION OF THE DEFUNCT TRUST TERRI12 TORY OF THE PACIFIC ISLANDS (TTPI) FROM DEFINI13 TION OF STATE.—

14 (1) ELIMINATION OF DEFINITION OF TTPI.—

15 Section 103(12) (42 U.S.C. 3022(12)) is repealed.

16 (2) AMENDMENT OF DEFINITION OF STATES.—

17 Section 102(3) (42 U.S.C. 3022(3)) is amended—

18 (A) by inserting ‘‘and’’ after ‘‘American

19 Samoa’’; and

20 (B) by striking ‘‘the Trust Territory of the

21 Pacific Islands’’.

22 (3) AMENDMENT TO ALLOTMENT FORMULAS.—

23 (A) BASIC STATE GRANTS.—Section

24 304(a)(1) (42 U.S.C. 3024(a)(1)) is amended—

25 (i) in the first sentence—
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1 (I) by striking ‘‘(B) Guam,’’ and

2 inserting ‘‘(B) Guam and’’;

3 (II) by striking ‘‘, and the Trust

4 Territory of the Pacific Islands,’’; and

5 (ii) in the last sentence, by striking

6 ‘‘the Trust Territory of the Pacific Is7 lands,’’.

8 (B) GRANTS FOR STATE PLAN ADMINIS9 TRATION.—Section 308(b) (42 U.S.C. 3028(b))

10 is amended in paragraphs (1)(B) and (2)(B) by

11 striking ‘‘the Trust Territory of the Pacific is12 lands,’’.

13 (c) DEFINITION OF NATIVE AMERICAN.—Section

14 102 (42 U.S.C. 3022) is amended by adding at the end

15 the following new paragraph:

16 ‘‘(45) The term ‘Native American’ includes an

17 Indian (as defined in paragraph (5)) and a Native

18 Hawaiian (as defined in section 625).’’.

19 PART H—EFFECTIVE DATE

20 SEC. 191. EFFECTIVE DATE.

21 Except as otherwise specifically provided, the amend22 ments made by this title shall become effective October

23 1, 1999.
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1 TITLE II—WHITE HOUSE

2 CONFERENCE ON AGING

3 SEC. 201. WHITE HOUSE CONFERENCE AUTHORIZED.

4 (a) AUTHORITY TO CALL CONFERENCE.—Not later

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

6 White House Conference on Aging in order to develop rec7 ommendations for additional research and action in the

8 field of aging which will further the policy set forth in sub9 section (b).

10 (b) PLANNING AND DIRECTION.—The Conference

11 shall be planned and conducted under the direction of the

12 Secretary in cooperation with the Assistant Secretary for

13 Aging and the heads of such other Federal departments

14 and agencies as are appropriate. Such assistance may in15 clude the detail of personnel on a reimbursable or non16 reimbursable basis as the head of the department or agen17 cy may decide.

18 (c) PURPOSE OF THE CONFERENCE.—The purpose

19 of the Conference shall be—

20 (1) to increase the public awareness of the

21 interdependence of generations and the essential

22 contributions of older individuals to society for the

23 well-being of all generations in light of population

24 longevity;
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1 (2) to identify the problems facing older individ2 uals and the commonalities of the problems with

3 problems of younger generations, some of which can

4 be alleviated through policy and program interven5 tions as well as effective life course planning;

6 (3) to examine the well-being of older individ7 uals, including the impact the well-being of older in8 dividuals has on our longevous society;

9 (4) to develop such specific and comprehensive

10 recommendations for executive and legislative action

11 as may be appropriate for maintaining and improv12 ing the well-being of older Americans;

13 (5) to develop recommendations for the coordi14 nation of Federal policy with state and local needs

15 and the implementation of such recommendations;

16 and

17 (6) to review the status and multigenerational

18 value of recommendations adopted at previous White

19 House Conferences on Aging and incorporate devel20 opments which acknowledge advances in knowledge

21 and technology.

22 (d) CONFERENCE PARTICIPANTS AND DELE23 GATES.—
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1 (1) PARTICIPANTS.—In order to carry out the

2 purposes of this section, the Conference shall bring

3 together—

4 (A) representatives of Federal, State, local,

5 and tribal governments;

6 (B) professional and lay people who are

7 working in the field of aging; and

8 (C) representatives of the general public,

9 particularly older individuals.

10 (2) SELECTION OF DELEGATES.—The delegates

11 shall be selected without regard to political affili12 ation or past partisan activity and shall, to the best

13 of the appointing authority’s ability, be representa14 tive of the spectrum of thought in the field of aging.

15 Delegates shall include individuals who are profes16 sionals, individuals who are nonprofessional, minor17 ity individuals, and individuals from low-income fam18 ilies. A majority of delegates shall be aged 55 or

19 older.

20 SEC. 202. CONFERENCE ADMINISTRATION.

21 (a) ADMINISTRATION.—In administering this section,

22 the Secretary shall—

23 (1) provide written notice to all members of the

24 Policy Committee of each meeting, hearing, or work25 ing session of the Policy Committee not later than
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1 48 hours before the occurrence of such meeting,

2 hearing, or working session;

3 (2) request the cooperation and assistance of

4 the heads of such other Federal departments and

5 agencies as may be appropriate in the carrying out

6 of this section;

7 (3) furnish all reasonable assistance, including

8 financial assistance, to State agencies on aging and

9 to area agencies on aging, and to other appropriate

10 organizations (including organizations representing

11 older Indians), to enable them to organize and con12 duct conferences and other activities in conjunction

13 with the Conference (including activities in advance

14 of the Conference, as part of the process of planning

15 for the Conference, and activities subsequent to the

16 Conference in connection with dissemination, discus17 sion, and implementation of recommendations of the

18 Conference);

19 (4) make available for public comment a pro20 posed agenda, prepared by the Policy Committee, for

21 the Conference which will reflect to the greatest ex22 tent possible the major issues facing older individ23 uals consistent with the provisions of subsection (a);
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1 (5) prepare and make available background ma2 terials for the use of delegates to the Conference

3 which the Secretary deems necessary; and

4 (6) engage such additional personnel as may be

5 necessary to carry out the provisions of this section

6 without regard to provisions of title 5, United States

7 Code, governing appointments in the competitive

8 service and the Senior Executive Service, and with9 out regard to chapter 51 and subchapter III of

10 chapter 53 of such title relating to classification and

11 pay rates for the General Schedule and the Senior

12 Executive Service.

13 (b) DUTIES.—The Secretary shall, in carrying out

14 the Secretary’s responsibilities and functions under this

15 section, and as part of the White House Conference on

16 Aging, ensure that—

17 (1) the conferences under subsection (a)(3)

18 shall—

19 (A) include a conference on older Native

20 Americans to identify conditions that adversely

21 affect older Native Americans, to propose solu22 tions to ameliorate such conditions, and to pro23 vide for the exchange of information relating to

24 the delivery of services to older Native Ameri25 cans; and
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1 (B) be so conducted as to ensure broad

2 participation of older individuals;

3 (2) the agenda prepared under subsection

4 (a)(4) for the Conference is published in the Federal

5 Register not later than 30 days after such agenda

6 is approved by the Policy Committee, and the Sec7 retary may republish such agenda together with the

8 recommendations of the Secretary regarding such

9 agenda;

10 (3) the personnel engaged under subsection

11 (a)(5) shall be fairly balanced in terms of points of

12 views represented and shall be appointed without re13 gard to political affiliation or previous partisan ac14 tivities;

15 (4) the recommendations of the Conference are

16 not inappropriately influenced by any appointing au17 thority or by any special interest, but will instead be

18 the result of the independent judgment of the Con19 ference; and

20 (5) current and adequate statistical data, in21 cluding decennial census data, and other information

22 on the well-being of older individuals in the United

23 States are readily available, in advance of the Con24 ference, to the delegates of the Conference, together

25 with such information as may be necessary to evalu-
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1 ate Federal programs and policies relating to aging.

2 In carrying out this paragraph, the Secretary is au3 thorized to make grants to, and enter into coopera4 tive agreements with, public agencies and nonprofit

5 private organizations.

6 (c) GIFTS.—

7 (1) GIFT ACCEPTANCE AUTHORITY.—The Sec8 retary may accept, on behalf of the United States,

9 gifts (in cash or in kind, including voluntary and un10 compensated services), which shall be available to

11 carry out this title. Gifts of cash shall be available

12 in addition to amounts appropriated to carry out

13 this title.

14 (2) ETHICS GUIDELINES.—The Secretary shall

15 establish written guidelines setting forth the criteria

16 to be used in determining whether the acceptance of

17 gifts or donations pursuant to this paragraph would

18 reflect unfavorably upon the ability of the Depart19 ment of Health and Human Services, the Adminis20 tration on Aging, or any employee to carry out its

21 responsibilities or official duties in a fair and objec22 tive manner, or would compromise the integrity or

23 the appearance of integrity of its programs or of any

24 official involved in those programs.
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1 (d) RECORDS.—The Secretary shall maintain records

2 regarding—

3 (1) the sources, amounts, and uses of gifts ac4 cepted under subsection (c); and

5 (2) the identity of each person receiving assist6 ance to carry out this title, and the amount of such

7 assistance received by each such person.

8 SEC. 203. POLICY COMMITTEE; RELATED COMMITTEES.

9 (a) POLICY COMMITTEE.—

10 (1) ESTABLISHMENT.—There is established a

11 Policy Committee comprised of 25 members to be se12 lected, not later than 90 days after the enactment

13 of the Older Americans Act of 1999, as follows:

14 (A) PRESIDENTIAL APPOINTEES.—13

15 members shall be selected by the President and

16 shall include—

17 (i) 3 members who are officers or em18 ployees of the United States; and

19 (ii) 10 members with experience in the

20 field of aging, who may include representa21 tives of public aging agencies, institution22 based organizations, and minority aging

23 organizations, and shall include a member

24 of the Federal Council on the Aging.
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1 (B) HOUSE APPOINTEES.—2 members

2 shall be selected by the Speaker of the House

3 of Representatives, and 2 members by the Mi4 nority Leader of the House of Representatives,

5 after consultation with the Committee on Edu6 cation and the Workforce and the Committee

7 on Ways and Means of the House of Represent8 atives.

9 (C) SENATE APPOINTEES.—2 members

10 shall be selected by the Majority Leader of the

11 Senate, and 2 members by the Minority Leader

12 of the Senate, after consultation with members

13 of the Committee on Health, Education, Labor,

14 and Pensions and the Special Committee on

15 Aging of the Senate.

16 (D) JOINT APPOINTEES.—2 members shall

17 be selected jointly by the Speaker of the House

18 of Representatives and the Majority Leader of

19 the Senate, and 2 members shall be selected

20 jointly by the minority leaders of the House and

21 Senate, and shall include representatives with

22 experience in the field of aging, who may in23 clude representatives described in subsection

24 (a)(1)(A)(ii).
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1 (2) DUTIES OF THE POLICY COMMITTEE.—The

2 Policy Committee shall initially meet at the call of

3 the Secretary, but not later than 30 days after the

4 last member is selected under subsection (a). Subse5 quent meetings of the Policy Committee shall be

6 held at the call of the chairperson of the Policy

7 Committee. Through meetings, hearings, and work8 ing sessions, the Policy Committee shall—

9 (A) make recommendations to the Sec10 retary to facilitate the timely convening of the

11 Conference;

12 (B) formulate and approve a proposed

13 agenda for the Conference not later than 60

14 days after the first meeting of the Policy Com15 mittee;

16 (C) make recommendations for partici17 pants and delegates of the Conference;

18 (D) establish the number of delegates to be

19 selected under section 301(d)(2); and

20 (E) formulate and approve the initial re21 port of the Conference in accordance with sec22 tion 304.

23 (3) QUORUM; COMMITTEE VOTING; CHAIR24 PERSON.—
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1 (A) QUORUM.—13 members shall con2 stitute a quorum for the purpose of conducting

3 the business of the Policy Committee, except

4 that 17 members shall constitute a quorum for

5 purposes of approving the agenda required by

6 paragraph (2)(B) and the report required by

7 paragraph (2)(E).

8 (B) VOTING.—The Policy Committee shall

9 act by the vote of the majority of the members

10 present.

11 (C) CHAIRPERSON.—The President shall

12 select a chairperson from among the members

13 of the Policy Committee. The chairperson may

14 vote only to break a tie vote of the other mem15 bers of the Policy Committee.

16 (b) OTHER COMMITTEES.—The Secretary may estab17 lish such other committees, including technical commit18 tees, as may be necessary to assist in the planning, con19 ducting, and reviewing of the Conference.

20 (c) COMPOSITION OF COMMITTEES.—Each com21 mittee established under subsection (b) shall be composed

22 of professionals and public members, and shall include in23 dividuals from low-income families, and individuals who

24 are Native Americans. Appropriate efforts shall be made

25 to include individuals who are members of minority
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1 groups. A majority of the public members of each such

2 committee shall be 55 years of age or older.

3 (d) COMPENSATION.—Appointed members of any

4 such committee (other than any officers or employees of

5 the Federal Government), while attending conferences or

6 meetings of the committee or otherwise serving at the re7 quest of the Secretary, while away from their homes or

8 regular places of business, may be allowed travel expenses,

9 including per diem in lieu of subsistence, at the rate au10 thorized under section 5708 of title 5, United States Code,

11 for persons employed intermittently in Federal Govern12 ment services.

13 SEC. 204. REPORT OF THE CONFERENCE.

14 (a) PROPOSED REPORT.—A proposed report of the

15 Conference, which shall include a statement of comprehen16 sive coherent national policy on aging together with rec17 ommendations for the implementation of the policy, shall

18 be published and submitted to the chief executive officers

19 of the States not later than 90 days following the date

20 on which the Conference is adjourned. The findings and

21 recommendations included in the published proposed re22 port shall be immediately available to the public.

23 (b) RESPONSE TO PROPOSED REPORT.—The chief

24 executive officers of the States, after reviewing and solic25 iting recommendations and comments on the report of the
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1 Conference, shall submit to the Policy Committee, not

2 later than 90 days after receiving the report, their views

3 and findings on the recommendations of the Conference.

4 (c) REPORTS.—

5 (1) INITIAL REPORT.—The Policy Committee

6 shall, after reviewing the views and recommenda7 tions of the chief executive officers of the States,

8 prepare and approve an initial report of the Con9 ference, which shall include a compilation of the ac10 tions of the chief executive officers of the States and

11 take into consideration the views and findings of

12 such officers.

13 (2) PUBLICATION OF INITIAL REPORT; FINAL

14 REPORT.—Not later than 60 days after such initial

15 report is transmitted by the Policy Committee, the

16 Secretary shall publish such initial report in the

17 Federal Register. The Secretary shall republish a

18 final report together with such additional views and

19 recommendations as the Secretary considers to be

20 appropriate.

21 (d) RECOMMENDATIONS OF THE POLICY COM22 MITTEE.—The Policy Committee shall, within 90 days

23 after submission of the views of the chief executive officers

24 of the States, publish and transmit to the President and

25 to the Congress recommendations for the administrative
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1 action and the legislation necessary to implement the rec2 ommendations contained within the report.

3 SEC. 205. DEFINITIONS.

4 For the purposes of this title—

5 (1) the term ‘‘area agency on aging’’ has the

6 meaning given the term in section 102 of the Older

7 Americans Act of 1965;

8 (2) the term ‘‘State agency on aging’’ means

9 the State agency designated under section 305(a)(1)

10 of the Act;

11 (3) the term ‘‘Secretary’’ means the Secretary

12 of Health and Human Services;

13 (4) the term ‘‘Conference’’ means the White

14 House Conference on Aging; and

15 (5) the term ‘‘State’’ means any of the several

16 States, the District of Columbia, the Commonwealth

17 of Puerto Rico, Guam, American Samoa, the Virgin

18 Islands, the Commonwealth of the Northern Mar19 iana Islands, and the Trust Territory of the Pacific

20 Islands.

21 SEC. 206. AUTHORIZATION OF APPROPRIATIONS.

22 (a) AUTHORIZATION.—There are authorized to be ap23 propriated such sums as may be necessary for fiscal years

24 2001 through 2007 to carry out this title.

25 (b) AVAILABILITY OF FUNDS.—
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1 (1) IN GENERAL.—Funds appropriated to carry

2 out this title and funds received as gifts under sec3 tion 303(c) shall remain available until expended.

4 (2) UNOBLIGATED FUNDS.—Any funds de5 scribed in paragraph (1) that are unobligated as of

6 the date one year after the date the Conference ad7 journs shall be available to carry out the Older

8 Americans Act of 1965.

Æ