II

Calendar No. 789

106TH CONGRESS

2D SESSION S. 1536

[Report No. 106–399]

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

appropriations for programs under the Act, to modernize programs and

services for older individuals, and for other purposes.

IN THE SENATE OF THE UNITED STATES

AUGUST 5, 1999

Mr. DEWINE (for himself, Mr. CRAIG, Mr. JEFFORDS, Mr. KENNEDY, and

Ms. MIKULSKI) introduced the following bill; which was read twice and

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

SEPTEMBER 7, 2000

Reported by Mr. JEFFORDS, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

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

Act, to modernize programs and services for older individuals, and for other purposes.

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

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

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

4 (b) REFERENCES.—Except as otherwise specifically

5 provided, whenever in this Act an amendment or repeal

6 is expressed in terms of an amendment to, or repeal of,

7 a provision, the reference shall be considered to be made

8 to a provision of the Older Americans Act of 1965 (42

9 U.S.C. 3001 et seq.).

10 SEC. 2. TABLE OF CONTENTS.

11 The table of contents of this Act is as follows:

Sec. 1. Short title; references.

Sec. 2. Table of contents.

TITLE I—AMENDMENT TO TITLE I OF THE OLDER AMERICANS

ACT OF 1965

Sec. 101. Definitions.

TITLE II—AMENDMENTS TO TITLE II OF THE OLDER

AMERICANS ACT OF 1965

Sec. 201. Functions of Assistant Secretary.

Sec. 202. Federal agency consultation.

Sec. 203. Federal Council on the Aging.

Sec. 204. Evaluation.

Sec. 205. Gifts.

Sec. 206. Authorization of appropriations.

TITLE III—AMENDMENTS TO TITLE III OF THE OLDER

AMERICANS ACT OF 1965

Sec. 301. Purpose.

Sec. 302. Authorization of appropriations.

Sec. 303. Allotment; Federal share.

Sec. 304. Area plans.

Sec. 305. State plans.

Sec. 306. Planning, coordination, evaluation, and administration of State plans.

Sec. 307. Availability of disaster relief funds to tribal organizations.

Sec. 308. Nutrition services incentive program.

Sec. 309. Consumer contributions and waivers.

Sec. 310. Supportive services and senior centers.

Sec. 311. Nutrition services.

Sec. 312. Payment requirement.
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Sec. 313. In-home services and additional assistance.

Sec. 314. Definition.

Sec. 315. National family caregiver support program.

TITLE IV—AMENDMENTS TO TITLE IV OF THE OLDER

AMERICANS ACT OF 1965

Sec. 401. Repeal.

TITLE V—AMENDMENTS TO TITLE V OF THE OLDER AMERICANS

ACT OF 1965

Sec. 501. Older american community service employment program.

Sec. 502. Administration.

Sec. 503. Interagency cooperation.

Sec. 504. Equitable distribution of assistance.

Sec. 505. Dual eligibility.

Sec. 506. Coordination and performance.

Sec. 507. Authorization of appropriations.

TITLE VI—AMENDMENTS TO TITLE VI OF THE OLDER

AMERICANS ACT OF 1965

Sec. 601. Eligibility.

Sec. 602. Applications.

Sec. 603. Authorization of appropriations.

Sec. 604. General provisions.

TITLE VII—AMENDMENTS TO TITLE VII OF THE OLDER

AMERICANS ACT OF 1965

Sec. 701. Authorization of appropriations.

Sec. 702. Allotment.

Sec. 703. Additional State plan requirements.

Sec. 704. State long-term care ombudsman program.

Sec. 705. Native American organization provisions.

Sec. 706. Prevention of elder abuse, neglect, and exploitation.

Sec. 707. Assistance programs.

TITLE VIII—TECHNICAL AND CONFORMING AMENDMENTS

Sec. 801. Technical and conforming amendments.

1 TITLE I—AMENDMENT TO TITLE

2 I OF THE OLDER AMERICANS

3 ACT OF 1965

4 SEC. 101. DEFINITIONS.

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

6 U.S.C. 3002) is amended by adding at the end the fol7 lowing:
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1 ‘‘(45) The term ‘disease prevention and health

2 promotion services’ means—

3 ‘‘(A) health risk assessments;

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

5 include hypertension, glaucoma, cholesterol,

6 cancer, vision, hearing, diabetes, and nutrition

7 screening;

8 ‘‘(C) nutritional counseling and educational

9 services for individuals and their primary care10 givers;

11 ‘‘(D) health promotion programs, including

12 programs relating to prevention and reduction

13 of effects of chronic disabling conditions (in14 cluding osteoporosis and cardiovascular dis15 ease), alcohol and substance abuse reduction,

16 smoking cessation, weight loss and control, and

17 stress management;

18 ‘‘(E) programs regarding physical fitness,

19 group exercise, and music therapy, art therapy,

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

22 are provided by—

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

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

2 U.S.C. 8801); or

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

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

6 and provision of educational programs on injury

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

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

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

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

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

18 seq.);

19 ‘‘(I) medication management screening and

20 education to prevent incorrect medication and

21 adverse drug reactions;

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

3 organic brain dysfunction;

4 ‘‘(K) gerontological counseling; and

5 ‘‘(L) counseling regarding social services

6 and followup health services based on any of

7 the services described in subparagraphs (A)

8 through (K).

9 The term shall not include services for which pay10 ment may be made under title XVIII of the Social

11 Security Act (42 U.S.C. 1395 et seq.).

12 ‘‘(46) The term ‘in-home services’ includes—

13 ‘‘(A) homemaker and home health aides;

14 ‘‘(B) visiting and telephone reassurance;

15 ‘‘(C) chore maintenance;

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

17 adult day care as a respite service for families;

18 ‘‘(E) minor modification of homes that is

19 necessary to facilitate the ability of older indi20 viduals to remain at home and that is not avail21 able under another program (other than a pro22 gram carried out under this Act);

23 ‘‘(F) personal care services; and

24 ‘‘(G) other in-home services as defined—
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1 ‘‘(i) by the State agency in the State

2 plan submitted in accordance with section

3 307; and

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

5 the area plan submitted in accordance with

6 section 306.

7 ‘‘(47) The term ‘Native American’ means—

8 ‘‘(A) an Indian; and

9 ‘‘(B) a Native Hawaiian, as defined in sec10 tion 625.’’.

11 TITLE II—AMENDMENTS TO

12 TITLE II OF THE OLDER

13 AMERICANS ACT OF 1965

14 SEC. 201. FUNCTIONS OF ASSISTANT SECRETARY.

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

16 U.S.C. 3012) is amended—

17 (1) in subsection (a)—

18 (A) by striking paragraph (24) and insert19 ing the following:

20 ‘‘(24) develop and operate, either directly or

21 through contracts, grants, or cooperative agree22 ments, a National Eldercare Locator Service, pro23 viding information and assistance services through a

24 nationwide toll-free number to identify community

25 resources for older individuals;’’;
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1 (B) by striking paragraph (27); and

2 (C) by redesignating paragraphs (28),

3 (29), and (30) as paragraphs (27), (28), and

4 (29), respectively; and

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

6 ‘‘(f) PERFORMANCE OUTCOME MEASURES.—

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

8 accordance with the process described in paragraph

9 (2), and in collaboration with a representative group

10 of State agencies, tribal organizations, and area

11 agencies on aging, shall develop and publish by De12 cember 31, 2000, a set of performance outcome

13 measures to be used for planning, managing, and

14 evaluating activities performed and services provided

15 under this Act. To the maximum extent possible, the

16 Assistant Secretary shall use data currently collected

17 (as of the date of development of the measures) by

18 State agencies, area agencies on aging, and service

19 providers through the National Aging Program In20 formation System in developing such measures.

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

22 for developing the performance outcome measures

23 described in paragraph (1) shall include—
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1 ‘‘(A) a review of such measures currently

2 in use by State agencies and area agencies on

3 aging (as of the date of the review);

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

5 measures that provides information about the

6 major activities performed and services provided

7 under this Act;

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

9 such measures, including an identification of re10 source, infrastructure, and data collection

11 issues at the State and local levels; and

12 ‘‘(D) evaluation of the pilot test and rec13 ommendations for modification of the proposed

14 set of such measures.’’.

15 SEC. 202. FEDERAL AGENCY CONSULTATION.

16 Section 203(b) of the Older Americans Act of 1965

17 (42 U.S.C. 3013(b)) is amended—

18 (1) in paragraph (17), by striking ‘‘, and’’ and

19 inserting a comma;

20 (2) in paragraph (18), by striking the period

21 and inserting ‘‘, and’’; and

22 (3) by adding at the end the following:

23 ‘‘(19) title I of the Workforce Investment Act of 1998

24 (29 U.S.C. 2801 et seq.).’’.
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1 SEC. 203. FEDERAL COUNCIL ON THE AGING.

2 Section 204(g) of the Older Americans Act of 1965

3 (42 U.S.C. 3015(g)) is amended by striking ‘‘$300,000

4 for fiscal year’’ and all that follows and inserting ‘‘such

5 sums as may be necessary.’’.

6 SEC. 204. EVALUATION.

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

8 U.S.C. 3017) is amended—

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

10 (2) by redesignating subsection (h) as sub11 section (g).

12 SEC. 205. GIFTS.

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

14 U.S.C. 3011 et seq.) is amended by inserting before sec15 tion 215 the following:

16 ‘‘SEC. 214A. GIFTS AND DONATIONS.

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

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

24 to amounts appropriated to carry out this Act.

25 ‘‘(b) USE OF GIFTS AND DONATIONS.—Gifts and do26 nations accepted pursuant to subsection (a) may be used
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1 either directly, or for grants to or contracts with public

2 or nonprofit private entities, for the following activities

3 under this title:

4 ‘‘(1) The design and implementation of dem5 onstrations of innovative ideas and best practices in

6 programs and services for older individuals.

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

8 for the purpose of exchanging information, among

9 concerned individuals and public and private entities

10 and organizations, relating to programs and services

11 provided under this Act and other programs and

12 services for older individuals.

13 ‘‘(3) The development, publication, and dissemi14 nation of informational materials (in print, visual,

15 electronic, or other media) relating to the programs

16 and services provided under this Act and other mat17 ters of concern to older individuals.

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

19 shall establish written guidelines setting forth the criteria

20 to be used in determining whether a gift or donation

21 should be declined under this section because the accept22 ance of the gift or donation would—

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

24 Administration, the Department of Health and

25 Human Services, or any employee of the Administra-
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1 tion or Department to carry out responsibilities or

2 official duties under this Act in a fair and objective

3 manner; or

4 ‘‘(2) compromise the integrity or the appear5 ance of integrity of programs or services provided

6 under this Act or of any official involved in those

7 programs or services.’’.

8 SEC. 206. AUTHORIZATION OF APPROPRIATIONS.

9 Section 215 of the Older Americans Act of 1965 (42

10 U.S.C. 3020f) is amended—

11 (1) in subsection (a)—

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

13 and

14 (B) by striking ‘‘such sums’’ and all that

15 follows and inserting ‘‘such sums as may be

16 necessary for fiscal year 2000 and each of the

17 4 succeeding fiscal years.’’; and

18 (2) by striking subsection (b).

19 TITLE III—AMENDMENTS TO

20 TITLE III OF THE OLDER

21 AMERICANS ACT OF 1965

22 SEC. 301. PURPOSE.

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

24 U.S.C. 3021) is amended by adding at the end the fol25 lowing:
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1 ‘‘(d)(1) Any funds received under an allotment as de2 scribed in section 304(a), or funds contributed toward the

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

4 for activities and services to benefit older individuals and

5 other individuals as specifically provided for in this title.

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

7 prohibiting a State agency or area agency on aging from

8 providing services to older individuals using funds from

9 sources not described in paragraph (1).’’.

10 SEC. 302. AUTHORIZATION OF APPROPRIATIONS.

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

12 U.S.C 3023) is amended—

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

14 the following:

15 ‘‘(1) There are authorized to be appropriated to carry

16 out part B such sums as may be necessary.’’;

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

18 following:

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

20 carry out subpart 1 of part C such sums as may be nec21 essary.

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

23 out subpart 2 of part C such sums as may be necessary.’’;

24 and
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1 (3) by striking subsections (d) through (g) and

2 inserting the following:

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

4 out part D such sums as may be necessary.

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

6 out part E such sums as may be necessary.’’.

7 SEC. 303. ALLOTMENT; FEDERAL SHARE.

8 (a) IN GENERAL.—Section 304(a) of the Older Amer9 icans Act of 1965 (42 U.S.C. 3024(a)) is amended—

10 (1) in paragraph (1)—

11 (A) in the first sentence, in the matter pre12 ceding subparagraph (A), by striking ‘‘Subject

13 to paragraphs (2) and (3)’’ and inserting ‘‘Sub14 ject to paragraph (2),’’; and

15 (B) in the last sentence, by striking ‘‘For

16 the purposes of paragraph (3) and the excep17 tion’’ and inserting ‘‘For the purposes of the

18 exception’’;

19 (2) in paragraph (2), by striking ‘‘1987’’ and

20 inserting ‘‘1999’’; and

21 (3) by striking paragraph (3) and inserting the

22 following:

23 ‘‘(3) In determining the amount allotted to a State

24 from the sums appropriated under section 303 for a fiscal

25 year, the Assistant Secretary shall first determine the
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1 amount allotted to such State under paragraph (1) and

2 then adjust such amount, if necessary, to meet the re3 quirements of paragraph (2).’’.

4 (b) AVAILABILITY OF FUNDS FOR REALLOTMENT.—

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

6 U.S.C. 3024(b)) is amended in the first sentence by strik7 ing ‘‘part B or C’’ and inserting ‘‘part B or C, or subpart

8 1 of part E,’’.

9 (c) FOCAL POINT.—Section 304 of the Older Ameri10 cans Act of 1965 (42 U.S.C. 3024) is amended by adding

11 at the end the following:

12 ‘‘(f) Each area agency on aging that receives funds

13 under this title shall—

14 ‘‘(1) designate, where feasible, a focal point for

15 comprehensive service delivery in each community in

16 the planning and service area involved, giving special

17 consideration to designating multipurpose senior

18 centers (including multipurpose senior centers oper19 ated by organizations referred to in section

20 306(a)(6)(C)(ii)) as such focal point; and

21 ‘‘(2) specify in grants, contracts, and agree22 ments implementing the area plan described in sec23 tion 306, the identity of each focal point so des24 ignated.’’.
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1 SEC. 304. AREA PLANS.

2 (a) IN GENERAL.—Section 306(a) of the Older Amer3 icans Act of 1965 (42 U.S.C. 3026(a)) is amended—

4 (1) by striking paragraph (1) and inserting the

5 following:

6 ‘‘(1) provide for the furnishing of services

7 (through a comprehensive and coordinated system),

8 the need for which has been determined pursuant

9 to paragraph (3), including—

10 ‘‘(A) supportive services;

11 ‘‘(B) nutrition services; and

12 ‘‘(C) if appropriate, the establishment,

13 maintenance, or construction of multipurpose

14 senior centers;’’;

15 (2) in paragraph (2)—

16 (A) in the matter preceding subparagraph

17 (A), by striking ‘‘section 307(a)(22)’’ and in18 serting ‘‘307(a)(2)’’;

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

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

21 through ‘‘maintenance, and’’ and inserting

22 ‘‘services, including’’; and

23 (C) in the matter following subparagraph

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

25 plan, as submitted or as amended,’’ and insert-
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1 ing ‘‘and assurances that the area agency on

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

3 (3) by striking paragraph (3) and inserting the

4 following:

5 ‘‘(3) provide for determining the extent of need

6 for the services specified in paragraphs (1) and (2)

7 in the planning and service area, taking into

8 consideration—

9 ‘‘(A) the number of older individuals resid10 ing in the area who—

11 ‘‘(i) have low incomes;

12 ‘‘(ii) have the greatest economic need

13 or greatest social need for such services,

14 especially older individuals who are minori15 ties; and

16 ‘‘(iii) are Native Americans; and

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

18 (including efforts of volunteers and voluntary

19 organizations) in meeting such need;’’;

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

21 (B) by redesignating paragraph (5) as para22 graph (4);

23 (5) by inserting after paragraph (4) (as redesig24 nated by paragraph (4)) the following:
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1 ‘‘(5) provide assurances that the area agency on

2 aging will coordinate planning, identification, assess3 ment of needs, and provision of services for older in4 dividuals with disabilities, with particular attention

5 to individuals with severe disabilities, with agencies

6 that develop or provide services for individuals with

7 disabilities;’’;

8 (6) in paragraph (6)—

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

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

11 (S);

12 (B) by redesignating subparagraphs (C),

13 (D), (E), (F), (H), (M), and (N) as subpara14 graphs (A), (B), (C), (D), (E), (F), and (G),

15 respectively;

16 (C) in subparagraph (C) (as redesignated

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

18 and inserting ‘‘, assistance to older individuals

19 caring for relatives who are children’’; and

20 (D) in subparagraph (F) (as redesignated

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

22 the semicolon;

23 (7) by striking paragraphs (7) through (20)

24 and inserting the following:
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1 ‘‘(7) provide that the area agency on aging will

2 facilitate the coordination of community-based, long3 term care services designed to enable older individ4 uals to remain in their homes, by means including—

5 ‘‘(A) development of case management

6 services as a component of the long-term care

7 services, consistent with the requirements of

8 paragraph (8);

9 ‘‘(B) involvement of long-term care pro10 viders in the coordination of such services; and

11 ‘‘(C) increasing community awareness of

12 and involvement in addressing the needs of resi13 dents of long-term care facilities;

14 ‘‘(8) provide that case management services

15 provided under this title through the area agency on

16 aging will—

17 ‘‘(A) not duplicate case management serv18 ices provided through other Federal and State

19 programs;

20 ‘‘(B) be coordinated with services described

21 in subparagraph (A); and

22 ‘‘(C) be provided by—

23 ‘‘(i) a public agency; or

24 ‘‘(ii) a nonprofit private agency that—
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1 ‘‘(I)(aa) gives each older indi2 vidual seeking services under this title

3 a list of agencies that provide similar

4 services within the jurisdiction of the

5 area agency on aging;

6 ‘‘(bb) gives each individual de7 scribed in item (aa) a statement speci8 fying that the individual has a right

9 to make an independent choice of

10 service providers and documents re11 ceipt by such individual of such state12 ment; and

13 ‘‘(cc) has case managers acting

14 as agents for the individuals receiving

15 the services and not as promoters for

16 the agency providing such services; or

17 ‘‘(II) is located in a rural area

18 and obtains a waiver of the require19 ments described in items (aa), (bb),

20 and (cc) of subclause (I);

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

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

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

24 expend not less than the total amount of funds ap25 propriated under this Act and expended by the agen-
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1 cy in fiscal year 1999 in carrying out such a pro2 gram under this title;

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

4 individuals who are dissatisfied with or denied serv5 ices under this title;

6 ‘‘(11) provide information and assurances con7 cerning services to older individuals who are Native

8 Americans (referred to in this paragraph as ‘Older

9 Native Americans’), including—

10 ‘‘(A) information concerning whether there

11 is a significant population of older Native

12 Americans in the planning and service area and

13 if so, an assurance that the area agency on

14 aging will pursue activities, including outreach,

15 to increase access of those older Native Ameri16 cans to programs and benefits provided under

17 this title;

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

19 aging will, to the maximum extent practicable,

20 coordinate the services the agency provides

21 under this title with services provided under

22 title VI; and

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

24 aging will make services under the area plan

25 available, to the same extent as such services
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1 are available to older individuals within the

2 planning and service area, to older Native

3 Americans; and

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

5 will establish procedures for coordination of services

6 with entities conducting other Federal or federally

7 assisted programs for older individuals at the local

8 level, with particular emphasis on entities conducting

9 programs described in section 203(b) within the

10 planning and service area.’’.

11 (b) WAIVERS.—Section 306(b) of the Older Ameri12 cans Act of 1965 (42 U.S.C. 3026(b)) is amended—

13 (1) in paragraph (1), by striking ‘‘(1)’’; and

14 (2) by striking paragraph (2).

15 SEC. 305. STATE PLANS.

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

17 (42 U.S.C. 3027(a)) is amended—

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

19 inserting the following:

20 ‘‘(1) The plan shall—

21 ‘‘(A) require each area agency on aging

22 designated under section 305(a)(2)(A) to de23 velop and submit to the State agency for ap24 proval, in accordance with a uniform format de-
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1 veloped by the State agency, an area plan meet2 ing the requirements of section 306; and

3 ‘‘(B) be based on such area plans.

4 ‘‘(2) The plan shall provide that the State agen5 cy will—

6 ‘‘(A) evaluate, using uniform procedures

7 described in section 202(a)(28), the need for

8 supportive services (including legal assistance,

9 information and assistance, and transportation

10 services), nutrition services, and multipurpose

11 senior centers within the State;

12 ‘‘(B) determine the extent to which public

13 or private programs and resources (including

14 volunteers and programs and services of vol15 untary organizations) meet such need; and

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

17 funds received by each area agency on aging in

18 the State to carry out part B that will be ex19 pended (in the absence of a waiver under sec20 tion 306(b) or 316) by such area agency on

21 aging to provide each of the categories of serv22 ices specified in section 306(a)(2).

23 ‘‘(3) The plan shall—

24 ‘‘(A) include (and may not be approved un25 less the Assistant Secretary approves) the state-
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1 ment and demonstration required by para2 graphs (2) and (4) of section 305(d) (con3 cerning intrastate distribution of funds); and

4 ‘‘(B) with respect to services for older indi5 viduals residing in rural areas—

6 ‘‘(i) provide assurances that the State

7 agency will spend for each fiscal year,

8 under this title and titles V and VII, not

9 less than the amount expended for such

10 services for fiscal year 1999;

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

12 which the plan applies, the projected costs

13 of providing such services (including the

14 cost of providing access to such services);

15 and

16 ‘‘(iii) describe the methods used to

17 meet the needs for such services in the fis18 cal year preceding the first year to which

19 such plan applies.

20 ‘‘(4) The plan shall provide that the State agen21 cy will conduct periodic evaluations of, and public

22 hearings on, activities and projects carried out in the

23 State under this title and title VII, including evalua24 tions of the effectiveness of services to individuals

25 with greatest economic need, greatest social need, or
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1 disabilities, with particular attention to low-income

2 minority individuals.

3 ‘‘(5) The plan shall provide that the State agen4 cy will—

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

6 upon request, in accordance with published pro7 cedures, to any area agency on aging submit8 ting a plan under this title, or to any provider

9 of (or applicant to provide) services under such

10 a plan; and

11 ‘‘(B) issue guidelines applicable to griev12 ance procedures required by section

13 306(a)(10).’’;

14 (2) in paragraph (7), by striking subparagraph

15 (C);

16 (3) by striking paragraphs (8) and (9) and in17 serting the following:

18 ‘‘(8)(A) The plan shall provide that no sup19 portive services, nutrition services, or in-home serv20 ices will be directly provided by the State agency or

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

22 judgment of the State agency—

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

24 agency or area agency on aging is necessary to

25 assure an adequate supply of such services;
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1 ‘‘(ii) such services are directly related to

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

3 administrative functions; and

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

5 economically, and with comparable quality, by

6 such State agency or area agency on aging.

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

8 the State agency or area agency on aging is already

9 providing case management services (as of the date

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

11 the plan may specify that such agency may provide

12 case management services.

13 ‘‘(C) The plan may specify that the area agency

14 on aging may provide information and assistance

15 services and outreach.

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

17 State agency will carry out, through the Office of

18 the State Long-Term Care Ombudsman, a State

19 Long-Term Care Ombudsman program in accord20 ance with section 712 and this title, and will expend

21 for such purpose not less than the total amount so

22 expended by the State agency for fiscal year 1999.’’;

23 (4) by striking paragraphs (10), (11), and (12);

24 (5) by redesignating paragraph (13) as para25 graph (10);
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1 (6) in paragraph (10) (as redesignated by para2 graph (5))—

3 (A) by striking subparagraphs (B), (C),

4 (D), (E), (H), and (M);

5 (B) by redesignating subparagraphs (F),

6 (G), (I), (J), (K), and (L) as subparagraphs

7 (B), (C), (D), (E), (F), and (G), respectively;

8 (C) in subparagraph (F) (as redesignated

9 by subparagraph (B)), by striking ‘‘older indi10 vidual;’’ and inserting ‘‘older individual; and’’;

11 and

12 (D) in subparagraph (G) (as redesignated

13 by subparagraph (B)), by striking ‘‘; and’’ and

14 inserting a period;

15 (7) by striking paragraph (14);

16 (8) by redesignating paragraphs (15) and (16)

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

18 (9) by striking paragraph (17);

19 (10) by redesignating paragraph (18) as para20 graph (13);

21 (11) by striking paragraph (19);

22 (12) by redesignating paragraph (20) as para23 graph (14);

24 (13) by striking paragraphs (21) and (22);
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1 (14) by redesignating paragraphs (23), (24),

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

3 (18), respectively;

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

5 paragraph (14)), by striking ‘‘section 306(a)(6)(I)’’

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

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

8 and (31);

9 (17) by redesignating paragraphs (30) and (32)

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

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

12 (35) and inserting the following:

13 ‘‘(21) The plan shall—

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

15 agency will coordinate programs under this title

16 and programs under title VI, if applicable; and

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

18 agency will pursue activities to increase access

19 by older individuals who are Native Americans

20 to all aging programs and benefits provided by

21 the agency, including programs and benefits

22 provided under this title, if applicable, and

23 specify the ways in which the State agency in24 tends to implement the activities.’’;
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1 (19) by redesignating paragraph (36) as para2 graph (22);

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

4 (40), and (43);

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

6 and (44) as paragraphs (23), (24), and (25), respec7 tively; and

8 (22) by adding at the end the following:

9 ‘‘(26)(A) The plan may include an evaluation

10 by the State agency, in consultation with the area

11 agencies on aging in the State and private organiza12 tions in the State that are grantees, of the State’s

13 priorities regarding the need in the State for services

14 provided under title V.

15 ‘‘(B) If the State agency includes such evalua16 tion in such plan, the State agency shall—

17 ‘‘(i) determine what planning and service

18 areas of the State are most in need of the serv19 ices described in subparagraph (A) by taking

20 into consideration—

21 ‘‘(I) the areas in which community

22 service projects of the type authorized by

23 title V are most needed;

24 ‘‘(II) the employment situations of,

25 and the type of skills possessed by, avail-
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1 able local individuals who are eligible to

2 participate in the projects; and

3 ‘‘(III) the potential projects for the

4 areas and the number and percentage of

5 local individuals who are eligible to partici6 pate in the projects; and

7 ‘‘(ii) list such areas in descending order of

8 need beginning with the area most in need.’’.

9 SEC. 306. PLANNING, COORDINATION, EVALUATION, AND

10 ADMINISTRATION OF STATE PLANS.

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

12 (42 U.S.C. 3028(b)) is amended—

13 (1) in paragraph (4)—

14 (A) in subparagraph (B)—

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

16 1994, 1995, or 1996’’ and inserting ‘‘for

17 any fiscal year’’; and

18 (ii) by striking ‘‘to satisfy such

19 need—’’ and all that follows and inserting

20 ‘‘to satisfy such need an additional amount

21 of the funds so received by a State and at22 tributable to funds appropriated under

23 paragraph (1) or (2) of section 303(b).’’;

24 and

25 (B) by adding at the end the following:
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1 ‘‘(C) A State’s request for a waiver under subpara2 graph (B) shall—

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

4 ‘‘(ii) include a request that the waiver be grant5 ed;

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

7 by a State and attributable to funds appropriated

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

9 the permissible 30 percent referred to in subpara10 graph (A), that the State requires to satisfy the

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

12 and

13 ‘‘(iv) not include a request for a waiver with re14 spect to an amount if the transfer of the amount

15 would jeopardize the appropriate provision of serv16 ices under subpart 1 or 2 of part C.’’; and

17 (2) in paragraph (5), by striking ‘‘for fiscal

18 year 1993’’ and all that follows through ‘‘fiscal year

19 1996,’’ and inserting ‘‘for any fiscal year’’.

20 SEC. 307. AVAILABILITY OF DISASTER RELIEF FUNDS TO

21 TRIBAL ORGANIZATIONS.

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

23 (1) in subsection (a)—

24 (A) in paragraph (1)—
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1 (i) by inserting ‘‘(or to any tribal or2 ganization receiving a grant under title

3 VI)’’ after ‘‘any State’’; and

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

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

6 delivery of supportive services’’;

7 (B) in paragraph (2), by inserting ‘‘and

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

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

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

11 appears; and

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

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

14 SEC. 308. NUTRITION SERVICES INCENTIVE PROGRAM.

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

16 U.S.C. 3030a) is amended—

17 (1) in the section heading, by striking ‘‘AVAIL18 ABILITY OF SURPLUS COMMODITIES’’ and inserting

19 ‘‘NUTRITION SERVICES INCENTIVE PROGRAM’’;

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

21 and (d) as subsections (c), (d), (e), and (f), respec22 tively;

23 (3) by inserting before subsection (c) (as redes24 ignated by paragraph (2)) the following:
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1 ‘‘(a) The purpose of this section is to provide incen2 tives to encourage and reward effective performance by

3 States and tribal organizations in the efficient delivery of

4 nutritious meals to older individuals.

5 ‘‘(b)(1) The Secretary of Health and Human Services

6 shall allot and pay, to each State agency with a plan ap7 proved under this title for a fiscal year, and to each tribal

8 organization with an application approved under part A

9 of title VI for such fiscal year, an amount bearing the

10 same ratio to the total amount appropriated for such fiscal

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

12 in the State under such plan approved for the preceding

13 fiscal year (or the number of meals served by the tribal

14 organization, under such application approved for such

15 preceding fiscal year), bears to the total number of such

16 meals served in all States and by all tribal organizations

17 under all such plans and applications approved for such

18 preceding fiscal year.

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

20 a tribal organization that has an application approved

21 under part A of title VI for a fiscal year but that did not

22 receive assistance under this section for the preceding fis23 cal year, the number of meals served by the tribal organi24 zation for the preceding fiscal year shall be deemed to

25 equal the number of meals that the Assistant Secretary
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1 estimates will be served by the tribal organization in the

2 fiscal year for which the application was approved.’’;

3 (4) in subsection (c) (as redesignated by para4 graph (2)), by striking paragraph (4);

5 (5) in subsection (d) (as redesignated by para6 graph (2)), by adding at the end the following:

7 ‘‘(4) Among the commodities delivered under this

8 subsection, the Secretary of Agriculture shall give special

9 emphasis to high protein foods, meat, and meat alternates.

10 The Secretary of Agriculture, in consultation with the As11 sistant Secretary, is authorized to prescribe the terms and

12 conditions respecting the donating of commodities under

13 this subsection.’’; and

14 (6) by striking subsection (e) (as redesignated

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

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

17 out this section (other than subsection (c)(1))

18 $150,000,000 for fiscal year 2000 and such sums as may

19 be necessary for each of the 4 succeeding fiscal years.’’.

20 SEC. 309. CONSUMER CONTRIBUTIONS AND WAIVERS.

21 Part A of title III (42 U.S.C. 3021 et seq.) is amend22 ed by adding at the end the following:

23 ‘‘SEC. 315. CONSUMER CONTRIBUTIONS.

24 ‘‘(a) COST SHARING.—
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1 ‘‘(1) IN GENERAL.—Except as provided in

2 paragraph (2), a State may require or permit cost

3 sharing for all direct services provided for in this

4 Act, by the recipients of the services.

5 ‘‘(2) EXCEPTIONS.—The State may not require

6 or permit the cost sharing described in paragraph

7 (1) for the following:

8 ‘‘(A) Information and assistance services.

9 ‘‘(B) Outreach services.

10 ‘‘(C) Benefits counseling services.

11 ‘‘(D) Case management services.

12 ‘‘(E) Ombudsman services, legal assistance

13 services, and other protection and advocacy

14 services.

15 ‘‘(F) Congregate nutrition services.

16 ‘‘(G) Home-delivered nutrition services.

17 ‘‘(H) Services for recipients who declare

18 incomes below a low-income threshold set by the

19 State.

20 ‘‘(3) PAYMENT RATES.—If a State requires or

21 permits cost sharing described in paragraph (1),

22 such State shall establish a sliding scale, based on

23 income, on which cost sharing will be determined for

24 recipients who declare that their incomes are above

25 the low-income threshold set by such State.
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1 ‘‘(4) REQUIREMENTS.—If a State requires or

2 permits cost sharing described in paragraph (1),

3 such State shall require each area agency on aging

4 in the State to ensure that each service provider in5 volved will—

6 ‘‘(A) protect the privacy of each recipient

7 with respect to the recipient’s cost share pay8 ment;

9 ‘‘(B) establish appropriate procedures to

10 safeguard and account for cost share payments;

11 and

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

13 to expand the service for which such payment

14 was given.

15 ‘‘(b) VOLUNTARY CONTRIBUTIONS.—

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

17 shall be allowed for all the direct services, including

18 the services described in subparagraphs (A) through

19 (H) of subsection (a)(2). Voluntary contributions

20 may be accepted, but not solicited, for the services

21 described in subparagraphs (A) through (E), and

22 (H), of subsection (a)(2).

23 ‘‘(2) OTHER CONTRIBUTIONS.—In addition to

24 any contributions received for services referred to in

25 paragraph (1), if a State does not require or permit
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1 the cost sharing described in subsection (a)(1), such

2 State may allow for voluntary contributions for other

3 services provided for under this Act.

4 ‘‘(3) LOCAL DECISION.—The area agency on

5 aging shall consult with the relevant service pro6 viders in a State to determine the best method for

7 accepting voluntary contributions under this sub8 section.

9 ‘‘(4) REQUIREMENTS.—

10 ‘‘(A) IN GENERAL.—In determining a

11 method under paragraph (3), the agency shall

12 follow criteria specified in subparagraphs (B)

13 and (C).

14 ‘‘(B) PROHIBITED ACTS.—The agency

15 shall not means test for any service for which

16 contributions are accepted or deny services to

17 any individual who does not contribute to the

18 cost of the service.

19 ‘‘(C) REQUIRED ACTS.—The agency shall

20 ensure that each service provider will—

21 ‘‘(i) provide each recipient with an op22 portunity to voluntarily contribute to the

23 cost of the service;
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1 ‘‘(ii) protect the privacy of each re2 cipient with respect to the recipient’s con3 tribution;

4 ‘‘(iii) establish appropriate procedures

5 to safeguard and account for all contribu6 tions; and

7 ‘‘(iv) use all collected contributions to

8 expand the service for which the contribu9 tions were given.

10 ‘‘(c) EVALUATION.—Not earlier than 1 year after the

11 date of enactment of the Older Americans Act Amend12 ments of 1999, and periodically thereafter, the Secretary

13 shall conduct a comprehensive evaluation of practices for

14 cost sharing, described in subsection (a), that are con15 ducted by the States, to determine the impact of such

16 practices on participation levels of disparate populations

17 under this Act.

18 ‘‘SEC. 316. WAIVERS.

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

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

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

22 State agency containing or accompanied by documentation

23 sufficient to establish, to the satisfaction of the Assistant

24 Secretary, that—
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1 ‘‘(1) approval of the State legislature has been

2 obtained or is not required with respect to the pro3 posal for which waiver is sought;

4 ‘‘(2) the State agency has consulted with the

5 area agencies on aging in the State with respect to

6 the proposal for which waiver is sought;

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

8 public review and comment within the State (and a

9 summary of the comments received has been in10 cluded in the application); and

11 ‘‘(4) with respect to any application for a waiv12 er of a restriction under section 308(b)(4)(A) re13 garding the amount that may be transferred between

14 programs carried out under subparts 1 and 2 of part

15 C, the application meets the requirements of section

16 308(b)(4)(C).

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

18 provisions of this title that may be waived under this sec19 tion are—

20 ‘‘(1) any provision of sections 305, 306, and

21 307 requiring statewide uniformity of programs car22 ried out under this title, to the extent necessary to

23 permit demonstrations, in limited areas of a State,

24 of innovative approaches to assist older individuals;
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1 ‘‘(2) any area plan requirement described in

2 section 306(a);

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

4 section 307(a);

5 ‘‘(4) any restriction under paragraph (4) or (5)

6 of section 308(b), on the amount that may be trans7 ferred between programs carried out under parts B

8 and C, or between programs carried out under sub9 parts 1 and 2 of part C; and

10 ‘‘(5) the requirement of section 309(c) that cer11 tain amounts of a State allotment be used for the

12 provision of services, with respect to a State that re13 duces expenditures under the State plan of the State

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

15 of the expenditures is not reduced below any min16 imum specified in section 304(d) or any other provi17 sion of this title).

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

19 State agency for a waiver under this section shall include

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

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

22 Assistant Secretary, in granting such a waiver, shall speci23 fy the duration of the waiver, which may be the duration

24 recommended by the State agency or such shorter time

25 period as the Assistant Secretary finds to be appropriate.
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1 ‘‘(d) REPORTS TO SECRETARY.—With respect to each

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

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

4 the waiver period that the Assistant Secretary may re5 quire, the State agency shall prepare and submit to the

6 Assistant Secretary a report concerning the impact of the

7 waiver on the operation and effectiveness of programs and

8 services provided under this title.’’.

9 SEC. 310. SUPPORTIVE SERVICES AND SENIOR CENTERS.

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

11 U.S.C. 3030d) is amended—

12 (1) in subsection (a)—

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

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

15 an area agency on aging, in conjunction with

16 local transportation service providers, public

17 transportation agencies, and other local govern18 ment agencies, that result in increased provi19 sion of such transportation services for older in20 dividuals’’;

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

22 and all that follows and inserting ‘‘or (D) to as23 sist older individuals in obtaining housing for

24 which assistance is provided under programs of
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1 the Department of Housing and Urban Devel2 opment;’’;

3 (C) in paragraph (5), by striking ‘‘includ4 ing’’ and all that follows and inserting the fol5 lowing: ‘‘including—

6 ‘‘(A) client assessment, case management

7 services, and development and coordination of

8 community services;

9 ‘‘(B) supportive activities to meet the spe10 cial needs of caregivers, including caretakers

11 who provide in-home services to frail older indi12 viduals; and

13 ‘‘(C) in-home services and other commu14 nity services, including home health, home15 maker, shopping, escort, reader, and letter writ16 ing services, to assist older individuals to live

17 independently in a home environment;’’;

18 (D) in paragraph (12), by inserting before

19 the semicolon the following: ‘‘, and including

20 the coordination of the services with programs

21 administered by or receiving assistance from

22 the Department of Labor, including programs

23 carried out under the Workforce Investment

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

25 (E) by striking paragraph (19);
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1 (F) by redesignating paragraph (20) as

2 paragraph (19);

3 (G) by inserting after paragraph (19) (as

4 redesignated by subparagraph (F)) the fol5 lowing:

6 ‘‘(20) in-home services for frail older individ7 uals, including individuals with Alzheimer’s disease

8 and related disorders with neurological and organic

9 brain dysfunction, and their families, including in10 home services defined by a State agency in the State

11 plan submitted under section 307, taking into con12 sideration the age, economic need, and noneconomic

13 and nonhealth factors contributing to the frail condi14 tion and need for services of the individuals de15 scribed in this paragraph, and in-home services de16 fined by an area agency on aging in the area plan

17 submitted under section 306.’’; and

18 (H) in paragraph (22), by inserting ‘‘nec19 essary for the general welfare of older individ20 uals’’ before the semicolon; and

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

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

23 more efficiently and effectively deliver services to older in24 dividuals, each area agency on aging shall coordinate serv25 ices described in subsection (a) with other community
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1 agencies and voluntary organizations providing the same

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

3 aging shall make efforts to coordinate the services with

4 agencies and organizations carrying out intergenerational

5 programs or projects.

6 ‘‘(d) Funds made available under this part shall sup7 plement, and not supplant, any Federal, State, or local

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

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

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

11 SEC. 311. NUTRITION SERVICES.

12 (a) HEADING.—Section 331 of the Older Americans

13 Act of 1965 (42 U.S.C. 3030e) is amended by striking

14 all that precedes ‘‘Assistant Secretary shall’’ and inserting

15 the following:

16 ‘‘SEC. 331. PROGRAM AUTHORIZED.

17 ‘‘(a) IN GENERAL.—The’’.

18 (b) SCHOOL-BASED MEALS.—Section 338 of the

19 Older Americans Act of 1965 (42 U.S.C. 3030g–11) is

20 amended—

21 (1) by striking the section heading;

22 (2) in subsection (a), by striking ‘‘IN GEN23 ERAL.—’’ and all that follows through ‘‘establishing

24 and operating’’ and inserting ‘‘SCHOOL-BASED

25 MEALS AND MULTIGENERATIONAL PROGRAMS.—In
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1 carrying out nutrition projects under subsection (a),

2 the State may carry out’’;

3 (3) by redesignating subsection (a) as sub4 section (b);

5 (4) by moving that subsection (b) to the end of

6 section 331; and

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

8 ‘‘(c) INTERACTION.—In carrying out projects under

9 subsection (a), the State may make efforts to provide older

10 individuals with opportunities to interact with students on

11 a regular basis in a way that is mutually beneficial.’’.

12 (c) REPEAL.—Subpart 3 of part C of title III of the

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

14 seq.) is repealed.

15 (d) REDESIGNATION.—Part C of title III of the Older

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

17 amended by redesignating subpart 4 as subpart 3.

18 SEC. 312. PAYMENT REQUIREMENT.

19 Section 339A of the Older Americans Act of 1965

20 (42 U.S.C. 3030g–22) is repealed.

21 SEC. 313. IN-HOME SERVICES AND ADDITIONAL ASSIST22 ANCE.

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

24 U.S.C. 3021 et seq.) is amended—

25 (1) by repealing parts D and E; and
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1 (2) by redesignating part F as part D.

2 SEC. 314. DEFINITION.

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

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

5 SEC. 315. NATIONAL FAMILY CAREGIVER SUPPORT PRO6 GRAM.

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

8 U.S.C. 3021 et seq.) is amended—

9 (1) by repealing part G; and

10 (2) by inserting after part D (as redesignated

11 by section 313(2)) the following:

12 ‘‘PART E—NATIONAL FAMILY CAREGIVER

13 SUPPORT PROGRAM

14 ‘‘SEC. 371. SHORT TITLE.

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

16 Caregiver Support Act’.

17 ‘‘SEC. 372. DEFINITIONS.

18 ‘‘In this part:

19 ‘‘(1) CHILD.—The term ‘child’ means an indi20 vidual who is not more than 18 years of age.

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

22 caregiver’ means an adult family member, or an23 other individual, who is an informal provider of in24 home and community care to an older individual.
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1 ‘‘(3) GRANDPARENT OR OLDER INDIVIDUAL

2 WHO IS A RELATIVE CAREGIVER.—The term ‘grand3 parent or older individual who is a relative caregiver’

4 means a grandparent or stepgrandparent of a child,

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

6 60 years of age or older and—

7 ‘‘(A) lives with the child;

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

9 because the biological or adoptive parents are

10 unable or unwilling to serve as the primary

11 caregiver of the child; and

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

13 as such legal custody or guardianship, or is

14 raising the child informally.

15 ‘‘SEC. 373. PROGRAM AUTHORIZED.

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

17 carry out a program for making grants to States with

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

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

20 to enable area agencies on aging to provide multifaceted

21 systems of support services—

22 ‘‘(1) for family caregivers; and

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

24 are relative caregivers.
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1 ‘‘(b) SUPPORT SERVICES.—In providing services

2 under subsection (a), an area agency on aging shall

3 provide—

4 ‘‘(1) information to eligible caregivers about

5 available services;

6 ‘‘(2) assistance to eligible caregivers in gaining

7 access to the services;

8 ‘‘(3) individual counseling, organization of sup9 port groups, and caregiver training to eligible care10 givers to assist the caregivers in making decisions

11 and solving problems relating to their caregiving

12 roles;

13 ‘‘(4) respite care to enable eligible caregivers to

14 be temporarily relieved from their caregiving respon15 sibilities; and

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

17 to complement the care provided by eligible care18 givers.

19 ‘‘(c) ELIGIBILITY AND PRIORITY.—

20 ‘‘(1) ELIGIBILITY.—In order for a family care21 giver, or a grandparent or older individual who is a

22 relative caregiver, to be eligible to receive services

23 provided by a State program under this part, the

24 State shall find that—
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1 ‘‘(A) the caregiver is a caregiver described

2 in paragraph (1) or (2) of subsection (a); and

3 ‘‘(B) in the case of a caregiver providing

4 care to an older individual, the older individual

5 meets the condition specified in subparagraph

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

7 ‘‘(2) PRIORITY.—In providing services to a fam8 ily caregiver, or a grandparent or older individual

9 who is a relative caregiver, the State shall give pri10 ority for services to older individuals with greatest

11 social need, older individuals with greatest economic

12 need, and older individuals providing care and sup13 port to persons with mental retardation and related

14 developmental disabilities (as defined in section 102

15 of the Developmental Disabilities Assistance and Bill

16 of Rights Act (42 U.S.C. 6001) (referred to in this

17 part as ‘developmental disabilities’) consistent with

18 the requirements of section 305(a)(2)(E).

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

20 In carrying out this part, each area agency on aging shall

21 coordinate the activities of the agency with the activities

22 of other community agencies and voluntary organizations

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

24 ‘‘(e) QUALITY STANDARDS AND MECHANISMS AND

25 ACCOUNTABILITY.—
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1 ‘‘(1) QUALITY STANDARDS AND MECHANISMS.—

2 The State shall establish standards and mechanisms

3 designed to assure the quality of services provided

4 with assistance made available under this part.

5 ‘‘(2) DATA AND RECORDS.—The State shall col6 lect data and maintain records relating to the State

7 program in a standardized format specified by the

8 Assistant Secretary. The State shall furnish the

9 records to the Assistant Secretary, at such time as

10 the Assistant Secretary may require, in order to en11 able the Assistant Secretary to monitor State pro12 gram administration and compliance, and to evalu13 ate and compare the effectiveness of the State pro14 grams.

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

16 submit to the Assistant Secretary reports on the

17 data and records required under paragraph (2), in18 cluding information on the services funded under

19 this part, and standards and mechanisms by which

20 the quality of the services shall be assured.

21 ‘‘(f) AVAILABILITY OF FUNDS.—

22 ‘‘(1) IN GENERAL.—A State shall use the por23 tion of the State allotment under section 304 that

24 is from amounts appropriated under section 303(e)

25 to carry out the State program under this part.
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1 ‘‘(2) USE OF FUNDS FOR ADMINISTRATION OF

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

3 carry out the State program under this part may be

4 used, in addition to amounts available in accordance

5 with section 303(c)(1), for costs of administration of

6 area plans.

7 ‘‘(3) FEDERAL SHARE.—

8 ‘‘(A) IN GENERAL.—Notwithstanding sec9 tion 304(d)(1)(D), the Federal share of the cost

10 of carrying out a State program under this part

11 shall be 75 percent.

12 ‘‘(B) NON-FEDERAL SHARE.—The non13 Federal share of the costs shall be provided

14 from State and local sources.

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

16 more than 10 percent of the total Federal and

17 non-Federal share of the amount available to

18 the State to provide support services to grand19 parents and older relative caregivers of children.

20 ‘‘SEC. 374. MAINTENANCE OF EFFORT.

21 ‘‘Funds made available under this part shall supple22 ment, and not supplant, any Federal, State, or local funds

23 expended by a State or unit of general purpose local gov24 ernment (including an area agency on aging) to provide

25 services described in section 373.
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1 ‘‘PART F—STATE AND LOCAL INNOVATIONS AND

2 PROGRAMS OF NATIONAL SIGNIFICANCE

3 ‘‘SEC. 381. PURPOSES.

4 ‘‘The purposes of this part are—

5 ‘‘(1) to expand the Nation’s knowledge and un6 derstanding of the older population and the aging

7 process;

8 ‘‘(2) to design, test, and promote the use of in9 novative ideas and best practices in programs and

10 services for older individuals;

11 ‘‘(3) to help meet the needs for trained per12 sonnel in the field of aging; and

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

14 ages of the need to assume personal responsibility

15 for their own longevity.

16 ‘‘SEC. 382. PROGRAM AUTHORIZED.

17 ‘‘For the purpose of carrying out this part, the As18 sistant Secretary may make grants to and enter into con19 tracts with States, public agencies, private nonprofit agen20 cies, institutions of higher education, and organizations,

21 including tribal organizations, for—

22 ‘‘(1) education and training to develop an ade23 quately trained workforce to work with and on be24 half of older individuals;
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1 ‘‘(2) applied social research and analysis to im2 prove access and delivery of services for older indi3 viduals;

4 ‘‘(3) evaluation of the performance of the pro5 grams, activities, and services provided under this

6 part;

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

8 to improve the quality and effectiveness of the pro9 grams, services, and activities provided under this

10 part;

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

12 design, deliver, and coordinate programs and serv13 ices for older individuals;

14 ‘‘(6) technical assistance in planning, devel15 oping, implementing, and improving the programs,

16 services, and activities provided under this part;

17 ‘‘(7) coordination with the designated State

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

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

20 721(a)(2)(A)(i)) to provide services to older individ21 uals who are blind as described in such Act;

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

23 specializing in the mental health needs of older indi24 viduals;
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1 ‘‘(9) the provision of training for older individ2 uals that—

3 ‘‘(A) relates to the use of computers and

4 related equipment, in order to improve the em5 ployment-related skills of the older individuals;

6 and

7 ‘‘(B) is provided at senior centers, housing

8 facilities for older individuals, elementary

9 schools, secondary schools, and institutions of

10 higher education; and

11 ‘‘(10) any other activities that the Assistant

12 Secretary determines will achieve the purposes of

13 this part.

14 ‘‘SEC. 383. AUTHORIZATION OF APPROPRIATIONS.

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

16 this part such sums as may be necessary.

17 ‘‘PART G—PENSION COUNSELING PROGRAMS

18 ‘‘SEC. 391. PENSION COUNSELING PROGRAMS.

19 ‘‘(a) DEFINITIONS.—In this part:

20 ‘‘(1) PENSION AND OTHER RETIREMENT BENE21 FITS.—The term ‘pension and other retirement ben22 efits’ means private, civil service, and other public

23 pensions and retirement benefits, including benefits

24 provided under—
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1 ‘‘(A) the Social Security program carried

2 out under title II of the Social Security Act (42

3 U.S.C. 401 et seq.);

4 ‘‘(B) the railroad retirement program car5 ried out under the Railroad Retirement Act of

6 1974 (45 U.S.C. 231 et seq.);

7 ‘‘(C) the government retirement benefits

8 programs carried out under—

9 ‘‘(i) the Civil Service Retirement Sys10 tem set forth in subchapter III of chapter

11 83 of title 5, United States Code;

12 ‘‘(ii) the Federal Employees Retire13 ment System set forth in chapter 84 of

14 title 5, United States Code;

15 ‘‘(iii) title 10, United States Code; or

16 ‘‘(iv) any other government retirement

17 system, including any Government pension

18 plan as such term is defined under section

19 9502 of title 31, United States Code; or

20 ‘‘(D) the Employee Retirement Income Se21 curity Act of 1974 (29 U.S.C. 1001 et seq.).

22 ‘‘(2) PENSION COUNSELING PROGRAM.—The

23 term ‘pension counseling program’ means a program

24 described in subsection (c).
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1 ‘‘(b) ESTABLISHMENT.—The Assistant Secretary

2 may establish and carry out pension counseling projects.

3 In carrying out the projects, the Assistant Secretary may

4 award grants under subsection (c).

5 ‘‘(c) PENSION COUNSELING PROGRAMS.—

6 ‘‘(1) USE OF FUNDS.—In carrying out the

7 projects specified in subsection (b), the Assistant

8 Secretary may award grants to eligible entities to es9 tablish programs that create or continue pension as10 sistance and counseling projects that—

11 ‘‘(A) provide outreach, information, coun12 seling, referral, and other assistance regarding

13 pension and other retirement benefits, and

14 rights related to such benefits; and

15 ‘‘(B) collectively, provide the assistance to

16 individuals in all of the States.

17 ‘‘(2) AWARD OF GRANTS.—

18 ‘‘(A) TYPE OF ENTITY.—The Assistant

19 Secretary may award under this subsection—

20 ‘‘(i) grants to State agencies or area

21 agencies on aging; and

22 ‘‘(ii) grants to nonprofit organizations

23 with a proven record of providing—

24 ‘‘(I) services related to the retire25 ment of older individuals;
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1 ‘‘(II) services to Native Ameri2 cans; or

3 ‘‘(III) specific pension counseling.

4 ‘‘(B) PANEL.—If the Assistant Secretary

5 awards grants under this subsection, the Assist6 ant Secretary shall use a citizen advisory panel

7 that shall include representatives of business,

8 labor, national senior advocates, and national

9 pension rights advocates.

10 ‘‘(C) CRITERIA.—If the Assistant Sec11 retary awards grants under this subsection, the

12 Assistant Secretary, after consultation with the

13 panel, shall use as criteria—

14 ‘‘(i) evidence of commitment of an

15 agency or organization to carry out a pro16 posed pension counseling program;

17 ‘‘(ii) the ability of the agency or orga18 nization to perform effective outreach to

19 affected populations, particularly popu20 lations identified as in need of special out21 reach;

22 ‘‘(iii) reliable information that the

23 population to be served by the agency or

24 organization has a demonstrable need for
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1 the services proposed to be provided under

2 the program; and

3 ‘‘(iv) evidence of ability of the agency

4 or organization to provide services under

5 the program on a statewide or regional

6 basis.

7 ‘‘(3) APPLICATION.—

8 ‘‘(A) IN GENERAL.—To be eligible to re9 ceive a grant under this subsection, an entity

10 shall submit an application to the Assistant

11 Secretary at such time, in such manner, and

12 containing such information as the Assistant

13 Secretary may require, including, at a

14 minimum—

15 ‘‘(i) a plan for the establishment of a

16 pension counseling program to serve a spe17 cific geographic area; and

18 ‘‘(ii) an assurance that staff members

19 (including volunteer staff members) have

20 no conflict of interest in providing the

21 services described in the plan.

22 ‘‘(B) PLAN.—The plan described in sub23 paragraph (A) shall provide for a program

24 that—
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1 ‘‘(i) establishes or continues a State

2 or area pension counseling service;

3 ‘‘(ii) provides counseling (including di4 rect counseling and assistance to individ5 uals needing information) and information

6 that may assist individuals in establishing

7 rights to, obtaining, and filing claims or

8 complaints related to, pension and other

9 retirement benefits;

10 ‘‘(iii) provides information on sources

11 of pension and other retirement benefits,

12 including the benefits under programs de13 scribed in subsection (a)(1);

14 ‘‘(iv) makes referrals to legal services

15 and other advocacy programs;

16 ‘‘(v) establishes a system of referral to

17 Federal, State, and local departments or

18 agencies related to pension and other re19 tirement benefits;

20 ‘‘(vi) provides a sufficient number of

21 staff positions (including volunteer posi22 tions) to ensure information, counseling,

23 referral, and assistance regarding pension

24 and other retirement benefits;
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1 ‘‘(vii) provides training programs for

2 staff members, including volunteer staff

3 members of the programs described in sub4 section (a)(1);

5 ‘‘(viii) makes recommendations to the

6 Administration, the Department of Labor,

7 and other Federal, State, and local agen8 cies concerning issues for older individuals

9 related to pension and other retirement

10 benefits; and

11 ‘‘(ix) establishes or continues to pro12 vide projects to provide outreach, informa13 tion, counseling, referral, and other assist14 ance regarding pension and other retire15 ment benefits, with particular emphasis on

16 outreach to women, minorities, and low-in17 come retirees.

18 ‘‘(d) PENSION ASSISTANCE HOTLINE AND INTER19 AGENCY COORDINATION.—The Assistant Secretary may

20 enter into interagency agreements for the establishment

21 and operation of, and dissemination of information about,

22 a telephone hotline for individuals seeking outreach, infor23 mation, counseling, referral, and assistance regarding pen24 sion and other retirement benefits, and rights related to

25 such benefits. The Assistant Secretary may also enter into
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1 agreements with the Secretary of Labor and with the

2 heads of other Federal agencies that regulate the provision

3 of pension and other retirement benefits, as the Assistant

4 Secretary determines to be appropriate, in order to carry

5 out this subsection and to develop a nationwide public-pri6 vate pension assistance system.

7 ‘‘(e) REPORT TO CONGRESS.—

8 ‘‘(1) PREPARATION.—If grants are awarded

9 under subsection (c), the Assistant Secretary shall

10 prepare a report that—

11 ‘‘(A) summarizes the distribution of funds

12 authorized for grants under this section and the

13 expenditure of such funds;

14 ‘‘(B) summarizes the scope and content of

15 training and assistance provided under a pro16 gram carried out under this section and the de17 gree to which the training and assistance can

18 be replicated;

19 ‘‘(C) outlines the problems that individuals

20 participating in programs funded under this

21 section encountered concerning rights related to

22 pension and other retirement benefits; and

23 ‘‘(D) makes recommendations regarding

24 the manner in which services provided in pro25 grams funded under this section can be incor-
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1 porated into the ongoing programs of State

2 agencies, area agencies on aging, multipurpose

3 senior centers, and other similar entities.

4 ‘‘(2) SUBMISSION.—If grants are awarded

5 under subsection (c), not later than 30 months after

6 the date of enactment of this section, the Assistant

7 Secretary shall submit the report described in para8 graph (1) to the Committee on Education and the

9 Workforce of the House of Representatives and the

10 Committee on Health, Education, Labor, and Pen11 sions of the Senate.

12 ‘‘(f) ADMINISTRATIVE EXPENSES.—Of the funds ap13 propriated under subsection (g) to carry out this section

14 for a fiscal year, not more than $100,000 may be used

15 by the Administration for administrative expenses in car16 rying out this section.

17 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There

18 are authorized to be appropriated to carry out this section

19 such sums as may be necessary for each of fiscal years

20 2000 through 2004.’’.
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1 TITLE IV—AMENDMENTS TO

2 TITLE IV OF THE OLDER

3 AMERICANS ACT OF 1965

4 SEC. 401. REPEAL.

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

6 U.S.C. 3030aa et seq.) is repealed.

7 TITLE V—AMENDMENTS TO

8 TITLE V OF THE OLDER

9 AMERICANS ACT OF 1965

10 SEC. 501. OLDER AMERICAN COMMUNITY SERVICE EM11 PLOYMENT PROGRAM.

12 (a) IN GENERAL.—Section 502 of the Older Ameri13 cans Act of 1965 (42 U.S.C. 3056) is amended—

14 (1) in subsection (a)—

15 (A) by striking ‘‘(a) In order to foster and

16 promote useful part-time opportunities in com17 munity service activities’’ and inserting ‘‘(a)(1)

18 In order to foster and promote part-time em19 ployment opportunities in community service

20 activities and in the private sector’’; and

21 (B) by adding at the end the following:

22 ‘‘(2) In order to foster individual economic self-suffi23 ciency and to increase the number of persons who may

24 enjoy the benefits of the program, the Secretary is author25 ized to establish projects to place participants in unsub-
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1 sidized employment in both the public and private sec2 tors.’’;

3 (2) in subsection (b)(1)—

4 (A) in the matter preceding subparagraph

5 (A), by striking ‘‘agencies or organizations, in6 cluding’’ and inserting ‘‘agencies or organiza7 tions, to the extent such agencies or organiza8 tions have not been determined to have engaged

9 in negligent or fraudulent activity, or otherwise

10 failed to meet fiduciary responsibilities con11 cerning previous agreements with the Secretary

12 by the Office of Inspector General, the Attorney

13 General, or any court of law. Such organiza14 tions and agencies may include’’;

15 (B) by striking subparagraph (B) and in16 serting the following:

17 ‘‘(B)(i) will provide employment for eligible in18 dividuals in the community in which such individuals

19 reside, or in nearby communities; or

20 ‘‘(ii) if such project is carried out by a tribal or21 ganization that enters into an agreement under this

22 subsection or receives assistance from a State that

23 enters into such an agreement, will provide employ24 ment for such individuals who are Indians residing

25 on an Indian reservation, as the term is defined in
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1 section 2601(2) of the Energy Policy Act of 1992

2 (25 U.S.C. 3501(2)).’’;

3 (C) in subparagraph (H), by inserting

4 ‘‘participating in a one-stop delivery system as

5 established under section 134(c) of the Work6 force Investment Act of 1998 (29 U.S.C.

7 2864(c)) and’’ after ‘‘including’’;

8 (D) in subparagraph (J), by striking

9 ‘‘community service jobs’’ and inserting ‘‘com10 munity service and other jobs’’;

11 (E) in subparagraph (N)(i), by striking

12 clause (i) and inserting the following:

13 ‘‘(i) will prepare an assessment of the partici14 pants’ skills and talents and their needs for services

15 (referred to in this title as an ‘assessment and serv16 ice strategy’), except to the extent such project has,

17 for the participant involved, recently prepared an as18 sessment of such skills and talents, and such needs,

19 pursuant to another employment or training pro20 gram (such as a program under the Workforce In21 vestment Act of 1998 (29 U.S.C. 2801 et seq.), the

22 Carl D. Perkins Vocational and Technical Education

23 Act of 1998 (20 U.S.C. 2301 et seq.), or part A of

24 title IV of the Social Security Act (42 U.S.C. 601

25 et seq.));’’; and
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1 (F) by striking subparagraph (O) and in2 serting the following:

3 ‘‘(O) will provide appropriate services for par4 ticipants through the one-stop delivery system in the

5 local workforce investment area as established under

6 section 134(c) of the Workforce Investment Act of

7 1998 (29 U.S.C. 2864(c)), and will be involved in

8 the planning and operations of such system pursu9 ant to a memorandum of understanding with the

10 local workforce investment board in accordance with

11 section 121(c) of such Act (29 U.S.C. 2841(c));’’;

12 (3) in subsection (b)(3), by striking ‘‘prime

13 sponsors,’’;

14 (4) by striking subsection (b)(4) and inserting

15 the following:

16 ‘‘(4)(A) An assessment and service strategy provided

17 for an eligible individual under this title shall satisfy any

18 condition for an assessment and service strategy or indi19 vidual employment plan for an adult participant under

20 subtitle B of title I of the Workforce Investment Act of

21 1998 (29 U.S.C. 2811 et seq.), in order to determine

22 whether such individual qualifies for intensive or training

23 services described in section 134(d) of such Act (29 U.S.C.

24 2864(d)), in accordance with such Act.
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1 ‘‘(B) An assessment and service strategy or indi2 vidual employment plan provided for an adult participant

3 under subtitle B of title I of the Workforce Investment

4 Act of 1998 (29 U.S.C. 2811 et seq.) shall satisfy any

5 condition for an assessment and service strategy for an

6 eligible individual under this title.’’;

7 (5) in subsection (c)—

8 (A) in paragraph (1), by inserting ‘‘a

9 share, but’’ after ‘‘authorized to pay’’ the first

10 place it appears;

11 (B) in paragraph (3), by striking ‘‘for fis12 cal year 1987 and each fiscal year thereafter’’

13 and inserting ‘‘for any fiscal year’’;

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

15 ‘‘(4) Amounts provided under this title to pay for the

16 costs of administration for such project shall only be used

17 to pay for the costs of—

18 ‘‘(A) participant training, including costs for in19 structors, classroom rental, training supplies, mate20 rials, equipment, and tuition;

21 ‘‘(B) special job-related or personal counseling

22 for participants;

23 ‘‘(C) incidentals necessary for successful par24 ticipation of the participants, such as workshoes,

25 badges, uniforms, eyeglasses, and tools;
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1 ‘‘(D) salaries, wages, and fringe benefits for

2 project administrators;

3 ‘‘(E) consumable office supplies for project

4 staff;

5 ‘‘(F) development, preparation, presentation,

6 management, and evaluation of the project;

7 ‘‘(G) establishment and maintenance of ac8 counting and management information systems;

9 ‘‘(H) establishment and maintenance of advi10 sory councils;

11 ‘‘(I) travel of project administrators;

12 ‘‘(J) rent, utilities, and custodial services;

13 ‘‘(K) training of staff and technical assistance

14 to subproject sponsor staff; and

15 ‘‘(L) audit services.’’;

16 (6) in subsection (d)—

17 (A) in paragraph (1), by striking ‘‘program

18 sponsor’’ each place it appears and inserting

19 ‘‘grantee’’; and

20 (B) in paragraph (2), by striking ‘‘for a

21 hearing on the record’’ and all that follows

22 through the period and inserting ‘‘for public

23 comment.’’;

24 (7) in subsection (e)—

25 (A) in paragraph (1)—
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1 (i) in the first sentence, by striking

2 ‘‘conduct experimental projects designed

3 to’’; and

4 (ii) in the second sentence, by striking

5 ‘‘to conduct the experimental projects au6 thorized by this subsection’’ and inserting

7 ‘‘to assure that placement and training’’;

8 and

9 (B) by striking paragraphs (3) and (4);

10 and

11 (8) by adding at the end the following:

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

13 evaluations of the activities authorized under this title,

14 which may include projects described in subsection (e).’’.

15 SEC. 502. ADMINISTRATION.

16 Section 503 of the Older Americans Act of 1965 (42

17 U.S.C. 3056a) is amended—

18 (1) in subsection (a)(2), by striking ‘‘titles III,

19 IV, and VI’’ and inserting ‘‘other titles of this Act’’;

20 (2) in subsection (b)(1)—

21 (A) by striking ‘‘and the Vocational Edu22 cation Act of 1984’’ and inserting ‘‘the Carl D.

23 Perkins Vocational and Technical Education

24 Act of 1998 (20 U.S.C. 2301 et seq.), the Na25 tional and Community Service Act of 1990 (42
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1 U.S.C. 12501 et seq.), and the Domestic Volun2 teer Service Act of 1973 (42 U.S.C. 4950 et

3 seq.)’’;

4 (B) by striking ‘‘titles III, IV, and VI’’ and

5 inserting ‘‘other titles of this Act’’; and

6 (C) by striking ‘‘or the Vocational Edu7 cation Act of 1984’’ and inserting ‘‘the Carl D.

8 Perkins Vocational and Technical Education

9 Act of 1998, the National and Community

10 Service Act of 1990, or the Domestic Volunteer

11 Service Act of 1973’’; and

12 (3) by striking subsection (f) and inserting the

13 following:

14 ‘‘(f)(1) The Secretary shall monitor activities receiv15 ing financial assistance under this title to determine

16 whether the grantees for the activities are complying with

17 the provisions of this title.

18 ‘‘(2) Each grantee receiving funds under this title

19 shall comply with the applicable uniform cost principles

20 and appropriate administrative requirements for grants

21 and contracts that are applicable to the type of entity re22 ceiving funds, as issued in circulars or rules of the Office

23 of Management and Budget.

24 ‘‘(3) Each grantee described in paragraph (2) shall

25 prepare and submit reports in such form and containing
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1 such information as the Secretary may require regarding

2 activities carried out under this title.

3 ‘‘(4) Each grantee described in paragraph (2) shall

4 keep records that—

5 ‘‘(A) are sufficient to permit the preparation of

6 reports required pursuant to this title;

7 ‘‘(B) are sufficient to permit the tracing of

8 funds to a level of expenditure adequate to ensure

9 that the funds have not been spent unlawfully; and

10 ‘‘(C) contain any other information that the

11 Secretary determines to be appropriate.’’.

12 SEC. 503. INTERAGENCY COOPERATION.

13 Section 505 of the Older Americans Act of 1965 (42

14 U.S.C. 3056c) is amended—

15 (1) by striking subsection (c);

16 (2) by redesignating subsection (d) as sub17 section (c); and

18 (3) in subsection (c)(1) (as redesignated by

19 paragraph (2)), by inserting ‘‘, especially activities

20 provided under the Workforce Investment Act of

21 1988 (29 U.S.C. 2801 et seq.), including activities

22 provided through one-stop delivery systems estab23 lished under section 134(c) of such Act (29 U.S.C.

24 2864(c)),’’ after ‘‘under other Acts’’.
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1 SEC. 504. EQUITABLE DISTRIBUTION OF ASSISTANCE.

2 Title V of the Older Americans Act of 1965 is

3 amended—

4 (1) by repealing section 506 (42 U.S.C. 3056d);

5 (2) by redesignating section 508 (42 U.S.C.

6 3056f) as section 515 and moving the section to the

7 end of the title;

8 (3) by redesignating section 507 (42 U.S.C.

9 3056e) as section 516 and moving the section to the

10 end of the title; and

11 (4) by inserting after section 505 (42 U.S.C.

12 3056c) the following:

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

14 ‘‘(a) RESERVATIONS.—

15 ‘‘(1) RESERVATION FOR PRIVATE EMPLOYMENT

16 PROJECTS.—From sums appropriated under this

17 title for each fiscal year, the Secretary shall first re18 serve not more than 1.5 percent of the total amount

19 of such sums for the purpose of entering into agree20 ments under section 502(e), relating to improved

21 transition to private employment.

22 ‘‘(2) RESERVATION FOR TERRITORIES.—From

23 sums appropriated under this title for each fiscal

24 year, the Secretary shall also reserve not more than

25 0.75 percent of the total amount of such sums, of

26 which—
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1 ‘‘(A) Guam, American Samoa, and the

2 United States Virgin Islands shall each receive

3 30 percent; and

4 ‘‘(B) the Commonwealth of the Northern

5 Mariana Islands shall receive 10 percent.

6 ‘‘(b) STATE ALLOTMENTS.—

7 ‘‘(1) IN GENERAL.—

8 ‘‘(A) ALLOTMENTS.—Subject to paragraph

9 (3), from sums appropriated under this title for

10 a fiscal year that remain after amounts are re11 served under paragraphs (1) and (2) of sub12 section (a), the Secretary shall allot to each

13 State an amount that bears the same ratio to

14 such remainder as the product of the number of

15 persons age 55 or over in the State and the al16 lotment percentage of such State bears to the

17 sum of the corresponding products for all

18 States.

19 ‘‘(B) DEFINITION.—In this paragraph, the

20 term ‘State’ does not include Guam, American

21 Samoa, the Commonwealth of the Northern

22 Mariana Islands, and the United States Virgin

23 Islands.

24 ‘‘(2) ALLOTMENT PERCENTAGE.—For the pur25 poses of this subsection—
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1 ‘‘(A) the allotment percentage of each

2 State shall be 100 percent less that percentage

3 that bears the same ratio to 50 percent as the

4 per capita income of such State bears to the per

5 capita income of the United States, except

6 that—

7 ‘‘(i) the allotment percentage shall in

8 no case be more than 75 percent or less

than 331 9 ⁄3 percent; and

10 ‘‘(ii) the allotment percentage for the

11 District of Columbia and the Common12 wealth of Puerto Rico shall be 75 percent;

13 and

14 ‘‘(B) the number of persons age 55 or over

15 in any State and in all States, and the per cap16 ita income in any State and in all States, shall

17 be determined by the Secretary on the basis of

18 the most current statistical data as reported by

19 the Secretary of Commerce.

20 ‘‘(3) HOLD HARMLESS.—

21 ‘‘(A) MINIMUM ALLOTMENT.—In deter22 mining State allotments under paragraph (1),

23 the Secretary shall ensure that each State re24 ceives, at a minimum, an allotment for each fis25 cal year that is not less than the allotment the
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1 State received under this section for fiscal year

2 1999.

3 ‘‘(B) ADJUSTMENTS TO ACHIEVE MINIMUM

4 ALLOTMENT.—Allotments provided to States

5 for a fiscal year under paragraph (1) shall be

6 proportionally reduced to the extent necessary

7 in order to award each State the allotment de8 scribed in subparagraph (A).

9 ‘‘(4) EQUITABLE DISTRIBUTION.—The Sec10 retary, in awarding grants and contracts under this

11 section, shall, to the extent feasible, assure an equi12 table distribution of activities under such grants and

13 contracts, in the aggregate, among the States, tak14 ing into account the needs of underserved States.

15 ‘‘(c) ALLOCATION WITHIN STATES.—

16 ‘‘(1) IN GENERAL.—Of the amount allotted to

17 a State under subsection (b)—

18 ‘‘(A) 55 percent of such amount shall be

19 allocated to national organizations that are op20 erating in such State; and

21 ‘‘(B) 45 percent of such amount shall be

22 allocated to the State agency for such State.

23 ‘‘(2) STATE ALLOTMENTS INCREASED.—If a

24 national organization receives a percentage of a

25 State allotment under this section for a fiscal year
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1 and does not participate in a project under this title

2 in the following fiscal year, the Secretary shall ad3 just the percentages described in paragraph (1) ac4 cordingly.

5 ‘‘(3) EQUITABLE INTRASTATE ALLOCATION.—

6 ‘‘(A) IN GENERAL.—The amount allocated

7 for projects within each State under this sub8 section shall be allocated among areas within

9 the State in an equitable manner, taking into

10 consideration the State priorities set out in the

11 State plan pursuant to section 307(a)(26).

12 ‘‘(B) ABSENCE OF PRIORITIES IN STATE

13 PLAN.—If the State plan does not contain the

14 priorities described in subparagraph (A), the

15 amount allocated for projects within the State

16 shall be allocated among areas within the State

17 in an equitable manner, taking into

18 consideration—

19 ‘‘(i) the relationship that the number

20 of eligible individuals in each such area

21 bears to the total number of such individ22 uals, respectively, in that State;

23 ‘‘(ii) the relative distribution of such

24 individuals residing in rural and urban

25 areas within the State; and
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1 ‘‘(iii) the relative distribution of—

2 ‘‘(I) such individuals who are in3 dividuals with greatest economic need;

4 ‘‘(II) such individuals who are

5 minority individuals; and

6 ‘‘(III) such individuals who are

7 individuals with greatest social need.

8 ‘‘SEC. 507. REALLOTMENT.

9 ‘‘(a) IN GENERAL.—The amount allotted to a State

10 for projects within the State for a fiscal year under section

11 506(b) that the Secretary determines is not required for

12 such projects during such year shall be reallotted to other

13 States in proportion to the original allotments to such

14 States under section 506(b) for such year, but such pro15 portionate amount for any of such other States shall be

16 reduced to the extent such amount exceeds the sum the

17 Secretary estimates that projects in such State need for

18 such year. The total of such reductions shall be similarly

19 reallotted among the States whose proportionate amounts

20 were not so reduced.

21 ‘‘(b) DATE OF REALLOTMENTS.—The Secretary may

22 make the allotments described in subsection (a) from time

23 to time and on such dates during the year as the Secretary

24 determines to be appropriate.
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1 ‘‘(c) REALLOTMENT PART OF ORIGINAL ALLOT2 MENT.—Any amount reallotted to a State under this sec3 tion during a fiscal year shall be deemed to be part of

4 the State’s allotment under section 506(b) for such year.

5 ‘‘SEC. 508. REPORT.

6 ‘‘The Secretary shall require the State agency for

7 each State receiving funds under this title to prepare and

8 submit a report at the beginning of each fiscal year on

9 such State’s compliance with section 506(c)(3). Such re10 port shall include the names and geographic location of

11 all projects assisted under this title and carried out in the

12 State and the amount allocated to each such project under

13 section 506.’’.

14 SEC. 505. DUAL ELIGIBILITY.

15 Section 510 of the Older Americans Act of 1965 (42

16 U.S.C. 3056h) is amended to read as follows:

17 ‘‘SEC. 510. ELIGIBILITY FOR WORKFORCE INVESTMENT AC18 TIVITIES.

19 ‘‘Local workforce investment boards established

20 under subtitle B of title I of the Workforce Investment

21 Act of 1998 (29 U.S.C. 2811 et seq.) shall consider indi22 viduals determined to be eligible under this title to have

23 satisfied the requirements for receiving services under

24 such subtitle that are applicable to adults and ensure the

25 provision of such services to such individuals.’’.
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1 SEC. 506. COORDINATION AND PERFORMANCE.

2 Title V of the Older Americans Act of 1965 (42

3 U.S.C. 3056 et seq.) is amended by inserting after section

4 511 the following:

5 ‘‘SEC. 512. COORDINATION WITH THE WORKFORCE INVEST6 MENT ACT OF 1998.

7 ‘‘(a) PARTNERS.—Grantees under this title shall be

8 one-stop partners as described in subparagraphs (A) and

9 (B)(vi) of section 121(b)(1) of the Workforce Investment

10 Act of 1998 (29 U.S.C. 2841(b)(1)) in the one-stop deliv11 ery system established under section 134(c) of such Act

12 (29 U.S.C. 2864(c)) for the appropriate local workforce

13 investment areas, and shall carry out the responsibilities

14 relating to such partners.

15 ‘‘(b) COORDINATION.—In local workforce investment

16 areas where more than 1 grantee under this title provides

17 services, the grantees shall coordinate their activities re18 lated to the one-stop delivery system, and each grantee

19 shall be a signatory of the memorandum of understanding

20 established under section 121(c) of the Workforce Invest21 ment Act of 1998 (29 U.S.C. 2841(c)).

22 ‘‘SEC. 513. WAIVERS.

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

24 submitted by a grantee receiving funds under section 506,

25 the Secretary may waive any of the statutory or regulatory

26 requirements of this title except the requirements relating
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1 to the basic purposes of the program, wage and labor

2 standards, worker rights, participation and protection of

3 workers and participants, grievance procedures, judicial

4 review, and eligibility of participants.

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

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

7 goals of the waiver and the expected improvements in the

8 program if the request is approved.

9 ‘‘(c) DURATION.—The duration of each waiver ap10 proved under this section shall be limited to the duration

11 of the grant agreement. Such waiver may be renewed pur12 suant to approval of a subsequent request that meets the

13 requirements of this section.

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

15 under this section, each grantee shall prepare and submit

16 to the Secretary a report concerning the impact of the

17 waiver on the operation and effectiveness of projects and

18 services under this title. Such report shall be submitted

19 not later than 1 year after the expiration of such waiver,

20 and at such times during the waiver period as the Sec21 retary may require.

22 ‘‘SEC. 514. PERFORMANCE.

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

24 consultation with grantees under this title, measures of

25 performance that are appropriate to activities authorized
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1 by this title. The measures shall consist of indicators of

2 performance and levels of performance applicable to each

3 indicator. The levels of performance shall be adjusted by

4 taking into account such factors as economic conditions

5 and the characteristics of participants.

6 ‘‘(b) REQUIRED INDICATORS.—The indicators de7 scribed in subsection (a) shall include—

8 ‘‘(1) the number of persons served;

9 ‘‘(2) community services provided;

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

11 employment;

12 ‘‘(4) entry into and duration of subsidized em13 ployment;

14 ‘‘(5) rate of pay and benefits in unsubsidized

15 employment;

16 ‘‘(6) rate of pay and benefits in subsidized em17 ployment; and

18 ‘‘(7) any additional indicators of performance

19 that the Secretary determines to be appropriate to

20 evaluate services and performance.

21 ‘‘(c) CORRECTIVE EFFORTS.—A grantee, or a sub22 grantee of a State, that does not achieve the established

23 levels of performance on the performance measures shall

24 have not more than 1 year to improve the performance

25 of the grantee or subgrantee and achieve the levels of per-
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1 formance. If the grantee or subgrantee does not achieve

2 the levels of performance for 2 consecutive years, the

3 grantee or subgrantee shall compete for funding under

4 this title, either at the national or State level, whichever

5 is applicable.’’.

6 SEC. 507. AUTHORIZATION OF APPROPRIATIONS.

7 Section 515 of the Older Americans Act of 1965 (as

8 redesignated by section 504) is amended—

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

10 and inserting the following:

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

12 years 2000 through 2008; and’’;

13 (2) in subsection (b)—

14 (A) in the first sentence, by striking

15 ‘‘used’’ and inserting ‘‘available for obligation’’;

16 and

17 (B) by striking the last sentence; and

18 (3) by adding at the end the following:

19 ‘‘(c) At the end of the program year, the Secretary

20 may recapture any unexpended funds for the program

21 year, and re-obligate such funds within the 2 succeeding

22 program years for—

23 ‘‘(1) incentive grants;

24 ‘‘(2) technical assistance; or
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1 ‘‘(3) grants or contracts for any other program

2 under this title.’’.

3 TITLE VI—AMENDMENTS TO

4 TITLE VI OF THE OLDER

5 AMERICANS ACT OF 1965

6 SEC. 601. ELIGIBILITY.

7 Section 612 of the Older Americans Act of 1965 (42

8 U.S.C. 3057c) is amended—

9 (1) by redesignating subsection (b) as sub10 section (c); and

11 (2) by inserting after subsection (a) the fol12 lowing:

13 ‘‘(b) An Indian tribe represented by an organization

14 specified in subsection (a) shall be eligible for only 1 grant

15 under this part for any fiscal year. Nothing in this sub16 section shall preclude an Indian tribe represented by an

17 organization specified in subsection (a) from receiving a

18 grant under section 631.’’.

19 SEC. 602. APPLICATIONS.

20 Section 614 of the Older Americans Act of 1965 (42

21 U.S.C. 3057e) is amended—

22 (1) in subsection (a)—

23 (A) in paragraph (11), by striking ‘‘; and’’

24 and inserting a semicolon;
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1 (B) in paragraph (12), by striking the pe2 riod and inserting ‘‘; and’’; and

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

4 ‘‘(13) contain an assurance that the tribal orga5 nization will use funds made available through the

6 grant—

7 ‘‘(A) to provide in-service training opportu8 nities and courses of instruction on aging to In9 dian tribes through public and nonprofit Indian

10 aging organizations; and

11 ‘‘(B) to provide annually a national meet12 ing to train directors of programs under this

13 title.’’;

14 (2) in subsection (b), by striking ‘‘certification’’

15 and inserting ‘‘approval’’; and

16 (3) in subsection (c)—

17 (A) by inserting ‘‘(1)’’ after ‘‘(c)’’; and

18 (B) by adding at the end the following:

19 ‘‘(2) The Assistant Secretary shall provide waivers

20 and exemptions of the reporting requirements of sub21 section (a)(3) for applicants that serve Indian populations

22 in geographically isolated areas, or applicants that serve

23 small Indian populations, where the small scale of the

24 project, the nature of the applicant, or other factors make

25 the reporting requirements unreasonable under the cir-
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1 cumstances. The Assistant Secretary shall consult with

2 such applicants in establishing appropriate waivers and

3 exemptions.

4 ‘‘(3) The Assistant Secretary shall approve any appli5 cation that complies with the provisions of subsection (a),

6 except that in determining whether an application com7 plies with the requirements of subsection (a)(8), the As8 sistant Secretary shall provide maximum flexibility to an

9 applicant that seeks to take into account subsistence

10 needs, local customs, and other characteristics that are ap11 propriate to the unique cultural, regional, and geographic

12 needs of the Indian populations to be served.

13 ‘‘(4) In determining whether an application complies

14 with the requirements of subsection (a)(12), the Assistant

15 Secretary shall require only that an applicant provide an

16 appropriate narrative description of the geographic area

17 to be served and an assurance that procedures will be

18 adopted to ensure against duplicate services being pro19 vided to the same recipients.’’.

20 SEC. 603. AUTHORIZATION OF APPROPRIATIONS.

21 Section 633(a) of the Older Americans Act of 1965

22 (42 U.S.C. 3057n(a)) is amended by striking

23 ‘‘$30,000,000’’ and all that follows through the period and

24 inserting ‘‘such sums as may be necessary to carry out

25 this title (other than parts C and D).’’.
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1 SEC. 604. GENERAL PROVISIONS.

2 Title VI of the Older Americans Act of 1965 (42

3 U.S.C. 3057 et seq.) is amended—

4 (1) by redesignating part C as part E;

5 (2) by redesignating sections 631 through 633

6 as sections 651 through 653, respectively; and

7 (3) by inserting after part B the following:

8 ‘‘PART C—NATIVE AMERICAN ORGANIZATION

9 PROVISIONS

10 ‘‘SEC. 631. NATIVE AMERICAN PROGRAM.

11 ‘‘(a) ESTABLISHMENT.—The Assistant Secretary,

12 acting through the Director of the Office for American In13 dian, Alaskan Native, and Native Hawaiian Aging, shall

14 establish and carry out a program for—

15 ‘‘(1) assisting eligible entities in prioritizing, on

16 a continuing basis, the needs of the service popu17 lation of the entities relating to elder rights; and

18 ‘‘(2) making grants to eligible entities to carry

19 out vulnerable elder rights protection activities that

20 the entities determine to be priorities.

21 ‘‘(b) APPLICATION.—In order to be eligible to receive

22 assistance under this part, an entity shall submit an appli23 cation to the Assistant Secretary at such time, in such

24 manner, and containing such information as the Assistant

25 Secretary may require.
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1 ‘‘(c) ELIGIBLE ENTITY.—An entity eligible to receive

2 assistance under this section shall be—

3 ‘‘(1) an Indian tribe; or

4 ‘‘(2) a public agency, or a nonprofit organiza5 tion, serving older individuals who are Native Ameri6 cans.

7 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There

8 are authorized to be appropriated such sums as may be

9 necessary to carry out this section.

10 ‘‘PART D—NATIVE AMERICAN CAREGIVER

11 SUPPORT PROGRAM

12 ‘‘SEC. 641. PROGRAM.

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

14 carry out a program for making grants to tribal organiza15 tions with applications approved under part A, to pay for

16 the Federal share of carrying out tribal programs, to en17 able the tribal organizations to provide multifaceted sys18 tems of the support services described in section 373 for

19 caregivers described in section 373.

20 ‘‘(b) REQUIREMENTS.—In providing services under

21 subsection (a), a tribal organization shall meet the re22 quirements specified for an area agency on aging and for

23 a State in the provisions of subsections (c), (d), (e), and

24 (f)(3) of section 373 and of section 374. For purposes of

25 this subsection, references in such provisions to a State
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1 program shall be considered to be references to a tribal

2 program under this part.

3 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There

4 are authorized to be appropriated such sums as may be

5 necessary to carry out this section.’’.

6 TITLE VII—AMENDMENTS TO

7 TITLE VII OF THE OLDER

8 AMERICANS ACT OF 1965

9 SEC. 701. AUTHORIZATION OF APPROPRIATIONS.

10 Section 702 of the Older Americans Act of 1965 (42

11 U.S.C. 3058a) is amended to read as follows:

12 ‘‘SEC. 702. AUTHORIZATION OF APPROPRIATIONS.

13 ‘‘There are authorized to be appropriated such sums

14 as may be necessary to carry out this subtitle.’’.

15 SEC. 702. ALLOTMENT.

16 Section 703(a)(2)(C) of the Older Americans Act of

17 1965 (42 U.S.C. 3058b(a)(2)(C)) is amended by striking

18 ‘‘1991’’ each place it appears and inserting ‘‘1999’’.

19 SEC. 703. ADDITIONAL STATE PLAN REQUIREMENTS.

20 Section 705(a) of the Older Americans Act of 1965

21 (42 U.S.C. 3058d(a)) is amended—

22 (1) in paragraph (6)(C)(iii), by striking the

23 semicolon and inserting ‘‘; and’’;

24 (2) by striking paragraph (7);
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1 (3) by redesignating paragraph (8) as para2 graph (7); and

3 (4) in paragraph (7) (as redesignated by para4 graph (3)), by striking ‘‘paragraphs (1) through

5 (7)’’ and inserting ‘‘paragraphs (1) through (6)’’.

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

7 Section 712 of the Older Americans Act of 1965 (42

8 U.S.C. 3058g) is amended—

9 (1) in subsection (a)—

10 (A) in paragraph (2), by striking ‘‘and ad11 vocacy’’ and inserting ‘‘, law enforcement, and

12 advocacy’’; and

13 (B) in paragraph (5)(C)(ii), by inserting

14 ‘‘and not stand to gain financially through an

15 action or potential action brought on behalf of

16 individuals the Ombudsman serves’’ after ‘‘in17 terest’’; and

18 (2) in subsection (h)—

19 (A) in paragraph (4)—

20 (i) in subparagraph (A)—

21 (I) by striking ‘‘(A) not later

22 than 1 year after the date of enact23 ment of this title, establish’’ and in24 serting ‘‘strengthen and update’’;
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1 (II) in the matter preceding

2 clause (i), by inserting ‘‘and care3 givers described in part E of title III’’

4 after ‘‘unpaid volunteers’’; and

5 (III) in clause (iii), by striking

6 ‘‘and’’;

7 (ii) by striking subparagraph (B);

8 (iii) by redesignating clauses (i)

9 through (iii) as subparagraphs (A) through

10 (C), respectively; and

11 (iv) by redesignating subclauses (I)

12 through (III) as clauses (i) through (iii),

13 respectively;

14 (B) in paragraph (7), by striking ‘‘; and’’

15 and inserting a semicolon;

16 (C) by redesignating paragraph (8) as

17 paragraph (9); and

18 (D) by inserting after paragraph (7) the

19 following:

20 ‘‘(8) coordinate services with State and local

21 law enforcement agencies and courts of competent

22 jurisdiction; and’’.

23 SEC. 705. NATIVE AMERICAN ORGANIZATION PROVISIONS.

24 Title VII of the Older Americans Act of 1965 (42

25 U.S.C. 3058 et seq.) is amended—
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1 (1) by repealing subtitle B; and

2 (2) by redesignating subtitle C as subtitle B.

3 SEC. 706. PREVENTION OF ELDER ABUSE, NEGLECT, AND

4 EXPLOITATION.

5 Section 721 of the Older Americans Act of 1965 (42

6 U.S.C. 3058i) is amended—

7 (1) in subsection (b)—

8 (A) in the matter preceding paragraph (1),

9 by inserting ‘‘including financial exploitation,’’

10 after ‘‘exploitation,’’;

11 (B) in paragraph (2), by inserting ‘‘, state

12 and local law enforcement systems, and courts

13 of competent jurisdiction’’ after ‘‘service pro14 gram’’;

15 (C) in paragraph (5)—

16 (i) by inserting ‘‘including caregivers

17 described in part E of title III,’’ after ‘‘in18 dividuals,’’; and

19 (ii) by striking ‘‘and enhancement of

20 self-determination and autonomy’’;

21 (D) in paragraph (7)—

22 (i) by striking ‘‘self-determination,’’;

23 and

24 (ii) by striking the ‘‘and’’ after the

25 semicolon;
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1 (E) in paragraph (8), by striking the pe2 riod at the end and inserting ‘‘; and’’; and

3 (F) by adding at the end the following:

4 ‘‘(9) promoting the development of, and pro5 viding technical assistance concerning, pro bono

6 legal assistance programs, legal hot lines, alternative

7 dispute resolution, programs and curricula, related

8 to the rights and benefits of older individuals, in law

9 schools and other institutions of higher education,

10 State and local bar committees on aging, and other

11 methods to expand access by older individuals to

12 legal assistance and advocacy and vulnerable elder

13 rights protection activities.’’; and

14 (2) in subsection (d)(8)—

15 (A) by inserting ‘‘State and local’’ after

16 ‘‘consumer protection and’’; and

17 (B) by inserting ‘‘, and services provided

18 by agencies and courts of competent jurisdic19 tion’’ before the period.

20 SEC. 707. ASSISTANCE PROGRAMS.

21 Subtitle A of title VII of the Older Americans Act

22 of 1965 (42 U.S.C 3058 et seq.) is amended by repealing

23 chapters 4 and 5.
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1 TITLE VIII—TECHNICAL AND

2 CONFORMING AMENDMENTS

3 SEC. 801. TECHNICAL AND CONFORMING AMENDMENTS.

4 (a) TITLE I.—Section 102(34)(C) of the Older Amer5 icans Act of 1965 (42 U.S.C. 3002(34)(C)) is amended

6 by striking ‘‘307(a)(12)’’ and inserting ‘‘307(a)(9)’’.

7 (b) TITLE II.—

8 (1) Section 201(d)(3) of the Older Americans

9 Act of 1965 (42 U.S.C. 3011(d)(3)) is amended—

10 (A) in subparagraph (C)(ii), by striking

11 ‘‘307(a)(12)’’ and inserting ‘‘307(a)(9)’’; and

12 (B) in subparagraph (J), by striking

13 ‘‘307(a)(12)’’ and inserting ‘‘307(a)(9)’’.

14 (2) Section 202 of the Older Americans Act of

15 1965 (42 U.S.C. 3012) is amended—

16 (A) in subsection (a)—

17 (i) in paragraph (19)(C), by striking

18 ‘‘paragraphs (2) and (5)(A) of section

19 306(a)’’ and inserting ‘‘paragraphs (2) and

20 (4)(A) of section 306(a)’’;

21 (ii) in paragraph (26), by striking

22 ‘‘sections 307(a)(18) and 731(b)(2)’’ and

23 inserting ‘‘section 307(a)(13)’’; and

24 (iii) in paragraph (29) (as redesig25 nated by section 201(1)(C)), by striking
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1 ‘‘and title IV’’ and inserting ‘‘and part F

2 of title III’’;

3 (B) in subsection (c)—

4 (i) in paragraph (1), by striking

5 ‘‘(c)(1)’’ and inserting ‘‘(c)’’; and

6 (ii) by striking paragraph (2); and

7 (C) in subsection (e)(1)(A)—

8 (i) in clause (i), by striking ‘‘edu9 cation and training projects established

10 under part A, and research and dem11 onstration projects, and other activities, es12 tablished under part B, of title IV’’ and in13 serting ‘‘activities carried out under part F

14 of title III’’; and

15 (ii) in clause (iv), by striking ‘‘, and

16 the information provided by the Resource

17 Centers on Native American Elders under

18 section 429E’’.

19 (3) Section 203(a)(3)(A) of the Older Ameri20 cans Act of 1965 (42 U.S.C. 3013(a)(3)(A)) is

21 amended by striking ‘‘section 507’’ and inserting

22 ‘‘section 516’’.

23 (4) Section 205(a)(2)(A) of the Older Ameri24 cans Act of 1965 (42 U.S.C. 3016(a)(2)(A)) is
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1 amended by striking ‘‘subparts 1, 2, and 3’’ and in2 serting ‘‘subparts 1 and 2’’.

3 (5) Section 206 of the Older Americans Act of

4 1965 (42 U.S.C. 3017) is amended—

5 (A) in subsection (b), by striking ‘‘title IV

6 of this Act’’ and inserting ‘‘part F of title III’’;

7 and

8 (B) in subsection (g) (as redesignated by

9 section 204(2)), by striking ‘‘title IV’’ and in10 serting ‘‘part F of title III’’.

11 (6) Section 207(a) of the Older Americans Act

12 of 1965 (42 U.S.C. 3018(a)) is amended—

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

14 (B) by redesignating paragraphs (4) and

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

16 (7) Section 214 of the Older Americans Act of

17 1965 (42 U.S.C. 3020e) is amended by striking

18 ‘‘307(a)(13)(J)’’ and inserting ‘‘307(a)(10)(E)’’.

19 (c) TITLE III.—

20 (1) Section 301(c) of the Older Americans Act

21 of 1965 (42 U.S.C. 3021(c)) is amended by striking

22 ‘‘307(a)(12)’’ and inserting ‘‘307(a)(9)’’.

23 (2) Section 304 of the Older Americans Act of

24 1965 (42 U.S.C. 3024) is amended—
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1 (A) in subsection (d)(1)(B), by striking

2 ‘‘307(a)(12)’’ and inserting ‘‘307(a)(9)’’;

3 (B) by striking subsection (e); and

4 (C) by redesignating subsection (f) (as

5 added in section 303(c)) as subsection (e).

6 (3) Section 305(a)(2)(F) of the Older Ameri7 cans Act of 1965 (42 U.S.C. 3025(a)(2)(F)) is

8 amended by striking ‘‘307(a)(24)’’ and inserting

9 ‘‘307(a)(16)’’.

10 (4) Section 307 of the Older Americans Act of

11 1965 (42 U.S.C. 3027) is amended—

12 (A) in subsection (a), in paragraph (22)

13 (as redesignated by section 305(19)), by strik14 ing ‘‘306(a)(20)’’ and inserting ‘‘306(a)(8)’’;

15 and

16 (B) in subsection (f)—

17 (i) in paragraph (1), by striking

18 ‘‘(f)(1)’’ and inserting ‘‘(f)’’; and

19 (ii) by striking paragraph (2).

20 (5) Section 308(b)(4)(A) of the Older Ameri21 cans Act of 1965 (42 U.S.C. 3028(b)(4)(A)) is

22 amended by striking ‘‘307(a)(13)’’ and inserting

23 ‘‘307(a)(10)’’.
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1 (6) Section 310 of the Older Americans Act of

2 1965 (42 U.S.C. 3030) is amended by striking ‘‘title

3 IV’’ each place it appears and inserting ‘‘part F’’.

4 (7) Section 321(a)(15) of the Older Americans

5 Act of 1965 (42 U.S.C. 3030d(a)(15)) is amended

6 by striking ‘‘section 307(a)(16)’’ and inserting ‘‘sec7 tion 307(a)(12)’’.

8 (d) TITLE V.—Section 502(e)(1) of the Older Ameri9 cans Act of 1965 (42 U.S.C. 3056(e)(1)) is amended by

10 striking ‘‘section 506(a)(2)(A)’’ and ‘‘section 506(a)(1)’’.

11 (e) TITLE VI.—Section 614(a) of the Older Ameri12 cans Act of 1965 (42 U.S.C. 3057e(a)) is amended—

13 (1) by striking paragraph (9); and

14 (2) by redesignating paragraphs (10) through

15 (13) (as added in section 602(1)(C)) as paragraphs

16 (9) through (12), respectively.

17 (f) TITLE VII.—

18 (1) Section 703(a)(2)(C) of the Older Ameri19 cans Act of 1965 (42 U.S.C. 3058b(a)(2)(C)) is

20 amended—

21 (A) in clause (i), by striking ‘‘section

22 702(a)’’ and inserting ‘‘section 702 and made

23 available to carry out chapter 2’’; and
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1 (B) in clause (ii), by striking ‘‘section

2 702(b)’’ and inserting ‘‘section 702 and made

3 available to carry out chapter 3’’.

4 (2) Section 712(a)(1) of the Older Americans

5 Act of 1965 (42 U.S.C. 3058g(a)(1)) is amended by

6 striking ‘‘section 702(a)’’ and inserting ‘‘section 702

7 and made available to carry out this chapter’’.

8 (3) Section 721(a) of the Older Americans Act

9 of 1965 (42 U.S.C. 3058i(a)) is amended by striking

10 ‘‘section 702(b)’’ and inserting ‘‘section 702 and

11 made available to carry out this chapter’’.

12 (4) Section 761(2) of the Older Americans Act

13 of 1965 (42 U.S.C. 3058bb(2)) is amended by strik14 ing ‘‘chapter 2, 3, 4, or 5 of this title’’ and inserting

15 ‘‘subtitle A’’.

16 (5) Section 762 of the Older Americans Act of

17 1965 (42 U.S.C. 3058cc) is amended, in the matter

18 preceding paragraph (1), by striking ‘‘or an entity

19 described in section 751(c)’’.

20 (6) Section 764(b) of the Older Americans Act

21 of 1965 (42 U.S.C. 3058ee(b)) is amended by strik22 ing ‘‘, area agencies on aging, and entities described

23 in section 751(c)’’ and inserting ‘‘and area agencies

24 on aging’’.
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1 SECTION 1. SHORT TITLE.

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

3 Amendments of 2000’’.

4 SEC. 2. TABLE OF CONTENTS.

5 The table of contents of this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

TITLE I—AMENDMENT TO TITLE I OF THE OLDER AMERICANS ACT

OF 1965

Sec. 101. Definitions.

TITLE II—AMENDMENTS TO TITLE II OF THE OLDER AMERICANS

ACT OF 1965 AND THE OLDER AMERICANS ACT AMENDMENTS OF

1987

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

Sec. 201. Functions of Assistant Secretary.

Sec. 202. Federal Council on the Aging.

Sec. 203. Evaluation.

Sec. 204. Application of other laws.

Sec. 205. Authorization of appropriations.

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

Sec. 211. White House Conference.

TITLE III—AMENDMENTS TO TITLE III OF THE OLDER AMERICANS

ACT OF 1965

Sec. 301. Purpose.

Sec. 302. Authorization of appropriations.

Sec. 303. Allotment; Federal share.

Sec. 304. Area plans.

Sec. 305. State plans.

Sec. 306. Planning, coordination, evaluation, and administration of State plans.

Sec. 307. Availability of disaster relief funds to tribal organizations.

Sec. 308. Nutrition services incentive program.

Sec. 309. Consumer contributions and waivers.

Sec. 310. Supportive services and senior centers.

Sec. 311. Nutrition services.

Sec. 312. Payment requirement.

Sec. 313. In-home services and additional assistance.

Sec. 314. Definition.

Sec. 315. National Family Caregiver Support Program.

TITLE IV—TRAINING, RESEARCH, AND DISCRETIONARY PROJECTS

AND PROGRAMS.

Sec. 401. Projects and programs.
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TITLE V—AMENDMENTS TO TITLE V OF THE OLDER AMERICANS

ACT OF 1965

Sec. 501. Amendment to Title V of the Older Americans Act of 1965.

TITLE VI—AMENDMENTS TO TITLE VI OF THE OLDER AMERICANS

ACT OF 1965

Sec. 601. Eligibility.

Sec. 602. Applications.

Sec. 603. Authorization of appropriations.

Sec. 604. General provisions.

TITLE VII—AMENDMENTS TO TITLE VII OF THE OLDER

AMERICANS ACT OF 1965

Sec. 701. Authorization of appropriations.

Sec. 702. Allotment.

Sec. 703. Additional State plan requirements.

Sec. 704. State long-term care ombudsman program.

Sec. 705. Prevention of elder abuse, neglect, and exploitation.

Sec. 706. Assistance programs.

Sec. 707. Native American programs.

TITLE VIII—TECHNICAL AND CONFORMING AMENDMENTS

Sec. 801. Technical and conforming amendments.

1 TITLE I—AMENDMENT TO TITLE

2 I OF THE OLDER AMERICANS

3 ACT OF 1965

4 SEC. 101. DEFINITIONS.

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

6 U.S.C. 3002) is amended—

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

9 Trust Territory of the Pacific Islands.’’ and inserting

10 ‘‘and the Commonwealth of the Northern Mariana Is11 lands.’’;

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

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

2 promotion services’ means—

3 ‘‘(A) health risk assessments;

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

5 include hypertension, glaucoma, cholesterol, can6 cer, vision, hearing, diabetes, bone density, and

7 nutrition screening;

8 ‘‘(C) nutritional counseling and educational

9 services for individuals and their primary care10 givers;

11 ‘‘(D) health promotion programs, including

12 but not limited to programs relating to preven13 tion and reduction of effects of chronic disabling

14 conditions (including osteoporosis and cardio15 vascular disease), alcohol and substance abuse re16 duction, smoking cessation, weight loss and con17 trol, and stress management;

18 ‘‘(E) programs regarding physical fitness,

19 group exercise, and music therapy, art therapy,

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

22 are provided by—

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

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

2 U.S.C. 8801); or

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

4 ‘‘(F) home injury control services, including

5 screening of high-risk home environments and

6 provision of educational programs on injury pre7 vention (including fall and fracture prevention)

8 in the home environment;

9 ‘‘(G) screening for the prevention of depres10 sion, coordination of community mental health

11 services, provision of educational activities, and

12 referral to psychiatric and psychological services;

13 ‘‘(H) educational programs on the avail14 ability, benefits, and appropriate use of preven15 tive health services covered under title XVIII of

16 the Social Security Act (42 U.S.C. 1395 et seq.);

17 ‘‘(I) medication management screening and

18 education to prevent incorrect medication and

19 adverse drug reactions;

20 ‘‘(J) information concerning diagnosis, pre21 vention, treatment, and rehabilitation con22 cerning age-related diseases and chronic dis23 abling conditions, including osteoporosis, cardio24 vascular diseases, diabetes, and Alzheimer’s dis-
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1 ease and related disorders with neurological and

2 organic brain dysfunction;

3 ‘‘(K) gerontological counseling; and

4 ‘‘(L) counseling regarding social services

5 and followup health services based on any of the

6 services described in subparagraphs (A) through

7 (K).

8 The term shall not include services for which payment

9 may be made under titles XVIII and XIX of the So10 cial Security Act (42 U.S.C. 1395 et seq., 1396 et

11 seq.).’’;

12 (3) by striking paragraphs (20) and (21) and

13 inserting the following:

14 ‘‘(20) The term ‘in-home services’ includes—

15 ‘‘(A) services of homemakers and home

16 health aides;

17 ‘‘(B) visiting and telephone reassurance;

18 ‘‘(C) chore maintenance;

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

20 adult day care as a respite service for families;

21 ‘‘(E) minor modification of homes that is

22 necessary to facilitate the ability of older indi23 viduals to remain at home and that is not avail24 able under another program (other than a pro25 gram carried out under this Act);
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1 ‘‘(F) personal care services; and

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

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

4 plan submitted in accordance with section

5 307; and

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

7 the area plan submitted in accordance with

8 section 306.

9 ‘‘(21) The term ‘Native American’ means—

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

11 (5); and

12 ‘‘(B) a Native Hawaiian, as defined in sec13 tion 625.’’; and

14 (3) by adding at the end the following:

15 ‘‘(45) The term ‘‘domestic violence’’ means an

16 act or threat of violence, not including an act of self17 defense, committed—

18 ‘‘(A) by a current or former spouse of the

19 victim;

20 ‘‘(B) by a person related by blood or mar21 riage to the victim;

22 ‘‘(C) by a person who is cohabiting with or

23 has cohabited with the victim;

24 ‘‘(D) by a person with whom the victim

25 shares a child in common;
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1 ‘‘(E) by a person who is or has been in the

2 social relationship of a romantic or intimate na3 ture with the victim; or

4 ‘‘(F) by a person similarly situated to a

5 spouse of the victim, or by any other person, if

6 the domestic or family violence laws of the juris7 diction of the victim provide for legal protection

8 of the victim from the person.

9 ‘‘(46) The term ‘‘sexual assault’’ has the meaning

10 given the term in section 2003 of the Omnibus Crime

11 Control and Safe Streets Act of 1968 (42 U.S.C.

12 3796gg–2).’’.

13 TITLE II—AMENDMENTS TO

14 TITLE II OF THE OLDER

15 AMERICANS ACT OF 1965 AND

16 THE OLDER AMERICANS ACT

17 AMENDMENTS OF 1987

18 Subtitle A—Amendments to Title II

19 of the Older Americans Act of 1965

20 SEC. 201. FUNCTIONS OF ASSISTANT SECRETARY.

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

22 U.S.C. 3012) is amended—

23 (1) in subsection (a)—

24 (A) in paragraph (21)(B), by striking

25 ‘‘1990’’ and inserting ‘‘2000’’;
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1 (B) by striking paragraph (24) and insert2 ing the following:

3 ‘‘(24) establish information and assistance serv4 ices as priority services for older individuals, and de5 velop and operate, either directly or through con6 tracts, grants, or cooperative agreements, a National

7 Eldercare Locator Service, providing information and

8 assistance services through a nationwide toll-free

9 number to identify community resources for older in10 dividuals;’’; and

11 (C) by striking paragraph (27) and insert12 ing the following:

13 ‘‘(27) establish and carry out pension counseling

14 and information programs described in section 215;’’;

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

16 inserting ‘‘2000’’; and

17 (3) by adding at the end the following:

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

19 process described in paragraph (2), and in collaboration

20 with a representative group of State agencies, tribal organi21 zations, area agencies on aging, and providers of services

22 involved in the performance outcome measures shall develop

23 and publish by December 31, 2001, a set of performance

24 outcome measures for planning, managing, and evaluating

25 activities performed and services provided under this Act.
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1 To the maximum extent possible, the Assistant Secretary

2 shall use data currently collected (as of the date of develop3 ment of the measures) by State agencies, area agencies on

4 aging, and service providers through the National Aging

5 Program Information System and other applicable sources

6 of information in developing such measures.

7 ‘‘(2) The process for developing the performance out8 come measures described in paragraph (1) shall include—

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

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

11 the date of the review);

12 ‘‘(B) development of a proposed set of such meas13 ures that provides information about the major ac14 tivities performed and services provided under this

15 Act;

16 ‘‘(C) pilot testing of the proposed set of such

17 measures, including an identification of resource, in18 frastructure, and data collection issues at the State

19 and local levels; and

20 ‘‘(D) evaluation of the pilot test and rec21 ommendations for modification of the proposed set of

22 such measures.’’.

23 SEC. 202. FEDERAL COUNCIL ON THE AGING.

24 Title II of the Older Americans Act of 1965 (42 U.S.C.

25 3011 et seq.) is amended—
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1 (1) by striking section 204 and inserting the fol2 lowing:

3 ‘‘SEC. 204. GIFTS AND DONATIONS.

4 ‘‘(a) GIFTS AND DONATIONS.—The Assistant Secretary

5 may accept, use, and dispose of, on behalf of the United

6 States, gifts or donations (in cash or in kind, including

7 voluntary and uncompensated services or property), which

8 shall be available until expended for the purposes specified

9 in subsection (b). Gifts of cash and proceeds of the sale of

10 property shall be available in addition to amounts appro11 priated to carry out this Act.

12 ‘‘(b) USE OF GIFTS AND DONATIONS.—Gifts and dona13 tions accepted pursuant to subsection (a) may be used either

14 directly, or for grants to or contracts with public or non15 profit private entities, for the following activities:

16 ‘‘(1) The design and implementation of dem17 onstrations of innovative ideas and best practices in

18 programs and services for older individuals.

19 ‘‘(2) The planning and conduct of conferences for

20 the purpose of exchanging information, among con21 cerned individuals and public and private entities

22 and organizations, relating to programs and services

23 provided under this Act and other programs and serv24 ices for older individuals.
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1 ‘‘(3) The development, publication, and dissemi2 nation of informational materials (in print, visual,

3 electronic, or other media) relating to the programs

4 and services provided under this Act and other mat5 ters of concern to older individuals.

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

7 shall establish written guidelines setting forth the criteria

8 to be used in determining whether a gift or donation should

9 be declined under this section because the acceptance of the

10 gift or donation would—

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

12 Administration, the Department of Health and

13 Human Services, or any employee of the Administra14 tion or Department, to carry out responsibilities or

15 official duties under this Act in a fair and objective

16 manner; or

17 ‘‘(2) compromise the integrity or the appearance

18 of integrity of programs or services provided under

19 this Act or of any official involved in those programs

20 or services.’’;

21 (2) by redesignating section 215 as section 216;

22 and

23 (3) by inserting after section 214 the following:
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1 ‘‘SEC. 215. PENSION COUNSELING AND INFORMATION PRO2 GRAMS.

3 ‘‘(a) DEFINITIONS.—In this section:

4 ‘‘(1) PENSION AND OTHER RETIREMENT BENE5 FITS.—The term ‘pension and other retirement bene6 fits’ means private, civil service, and other public

7 pensions and retirement benefits, including benefits

8 provided under—

9 ‘‘(A) the Social Security program under

10 title II of the Social Security Act (42 U.S.C. 401

11 et seq.);

12 ‘‘(B) the railroad retirement program under

13 the Railroad Retirement Act of 1974 (45 U.S.C.

14 231 et seq.);

15 ‘‘(C) the government retirement benefits

16 programs under the Civil Service Retirement

17 System set forth in chapter 83 of title 5, United

18 States Code, the Federal Employees Retirement

19 System set forth in chapter 84 of title 5, United

20 States Code, or other Federal retirement systems;

21 or

22 ‘‘(D) employee pension benefit plans as de23 fined in section 3(2) of the Employee Retirement

24 Income Security Act of 1974 (29 U.S.C.

25 1002(2)).
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1 ‘‘(2) PENSION COUNSELING AND INFORMATION

2 PROGRAM.—The term ‘pension counseling and infor3 mation program’ means a program described in sub4 section (b).

5 ‘‘(b) PROGRAM AUTHORIZED.—The Assistant Sec6 retary shall award grants to eligible entities to establish

7 and carry out pension counseling and information pro8 grams that create or continue a sufficient number of pen9 sion assistance and counseling programs to provide out10 reach, information, counseling, referral, and other assist11 ance regarding pension and other retirement benefits, and

12 rights related to such benefits, to individuals in the United

13 States.

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

15 shall award grants under this section to—

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

17 and

18 ‘‘(2) nonprofit organizations with a proven

19 record of providing—

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

21 individuals;

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

23 ‘‘(C) specific pension counseling.

24 ‘‘(d) CITIZEN ADVISORY PANEL.—The Assistant Sec25 retary shall establish a citizen advisory panel to advise the
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1 Assistant Secretary regarding which entities should receive

2 grant awards under this section. Such panel shall include

3 representatives of business, labor, national senior advocates,

4 and national pension rights advocates. The Assistant Sec5 retary shall consult such panel prior to awarding grants

6 under this section.

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

8 under this section, an entity shall submit an application

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

10 and containing such information as the Assistant Secretary

11 may require, including—

12 ‘‘(1) a plan to establish a pension counseling and

13 information program that—

14 ‘‘(A) establishes or continues a State or area

15 pension counseling and information program;

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

17 ‘‘(C) provides counseling (including direct

18 counseling and assistance to individuals who

19 need information regarding pension and other

20 retirement benefits) and information that may

21 assist individuals in obtaining, or establishing

22 rights to, and filing claims or complaints re23 garding, pension and other retirement benefits;

24 ‘‘(D) provides information on sources of

25 pension and other retirement benefits;
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1 ‘‘(E) establishes a system to make referrals

2 for legal services and other advocacy programs;

3 ‘‘(F) establishes a system of referral to Fed4 eral, State, and local departments or agencies re5 lated to pension and other retirement benefits;

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

7 positions (including volunteer positions) to en8 sure information, counseling, referral, and assist9 ance regarding pension and other retirement

10 benefits;

11 ‘‘(H) provides training programs for staff

12 members, including volunteer staff members, of

13 pension and other retirement benefits programs;

14 ‘‘(I) makes recommendations to the Admin15 istration, the Department of Labor and other

16 Federal, State and local agencies concerning

17 issues for older individuals related to pension

18 and other retirement benefits; and

19 ‘‘(J) establishes or continues an outreach

20 program to provide information, counseling, re21 ferral and assistance regarding pension and

22 other retirement benefits, with particular empha23 sis on outreach to women, minorities and low in24 come retirees; and
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1 ‘‘(2) an assurance that staff members (including

2 volunteer staff members) have no conflict of interest

3 in providing the services described in the plan de4 scribed in paragraph (1).

5 ‘‘(f) CRITERIA.—The Assistant Secretary shall con6 sider the following criteria in awarding grants under this

7 section:

8 ‘‘(1) Evidence of a commitment by the entity to

9 carry out a proposed pension counseling and infor10 mation program.

11 ‘‘(2) The ability of the entity to perform effective

12 outreach to affected populations, particularly popu13 lations that are identified in need of special outreach.

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

15 be served by the entity has a demonstrable need for

16 the services proposed to be provided under the pro17 gram.

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

19 under the program on a statewide or regional basis.

20 ‘‘(g) TRAINING AND TECHNICAL ASSISTANCE PRO21 GRAM.—

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

23 shall award grants to eligible entities to establish

24 training and technical assistance programs that

25 shall provide information and technical assist-
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1 ance to the staffs of entities operating pension

2 counseling and information programs described

3 in subsection (b), and general assistance to such

4 entities, including assistance in the design of

5 program evaluation tools.

6 ‘‘(2) ELIGIBLE ENTITIES.—Entities that are

7 eligible to receive a grant under this subsection

8 include nonprofit private organizations with a

9 record of providing national information, refer10 ral, and advocacy in matters related to pension

11 and other retirement benefits.

12 ‘‘(3) APPLICATION.—To be eligible to receive

13 a grant under this subsection, an entity shall

14 submit an application to the Assistant Secretary

15 at such time, in such manner, and containing

16 such information as the Assistant Secretary may

17 require.

18 ‘‘(h) PENSION ASSISTANCE HOTLINE AND INTRAGENCY

19 COORDINATION.—

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

21 enter into agreements with other Federal agencies to

22 establish and administer a national telephone hotline

23 that shall provide information regarding pension and

24 other retirement benefits, and rights related to such

25 benefits.
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1 ‘‘(2) CONTENT.—Such hotline described in para2 graph (1) shall provide information for individuals

3 seeking outreach, information, counseling, referral,

4 and assistance regarding pension and other retire5 ment benefits, and rights related to such benefits.

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

7 may enter into agreements with the Secretary of

8 Labor and the heads of other Federal agencies that

9 regulate the provision of pension and other retirement

10 benefits in order to carry out this subsection.

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

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

13 Assistant Secretary shall submit to the Committee on Edu14 cation and the Workforce of the House of Representatives

15 and the Committee on Health, Education, Labor and Pen16 sions of the Senate a report that—

17 ‘‘(1) summarizes the distribution of funds au18 thorized for grants under this section and the expend19 iture of such funds;

20 ‘‘(2) summarizes the scope and content of train21 ing and assistance provided under a program carried

22 out under this section and the degree to which the

23 training and assistance can be replicated;

24 ‘‘(3) outlines the problems that individuals par25 ticipating in programs funded under this section en-
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1 countered concerning rights related to pension and

2 other retirement benefits; and

3 ‘‘(4) makes recommendations regarding the man4 ner in which services provided in programs funded

5 under this section can be incorporated into the ongo6 ing programs of State agencies, area agencies on

7 aging, multipurpose senior centers and other similar

8 entities.

9 ‘‘(j) ADMINISTRATIVE EXPENSES.—Of the funds appro10 priated under section 216 to carry out this section for a

11 fiscal year, not more than $100,000 may be used by the

12 Administration for administrative expenses.’’.

13 SEC. 203. EVALUATION.

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

15 U.S.C. 3017) is amended—

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

17 (2) by redesignating subsection (h) as subsection

18 (g).

19 SEC. 204. APPLICATION OF OTHER LAWS.

20 Section 210 of the Older Americans Act of 1965 (42

21 U.S.C. 3020a) is amended by adding at the end the fol22 lowing:

23 ‘‘(c) A service or benefit provided under this Act is not

24 a Federal public benefit within the meaning of that term

25 under section 401(c) of the Personal Responsibility and
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1 Work Opportunity Reconciliation Act of 1996 (8 U.S.C.

2 1611(c)).’’.

3 SEC. 205. AUTHORIZATION OF APPROPRIATIONS.

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

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

6 amended—

7 (1) in subsection (a)—

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

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

10 (B) by striking ‘‘such sums’’ and all that

11 follows through the period and inserting

12 ‘‘$29,000,000 for fiscal year 2001, and such sums

13 as may be necessary for each of the 4 succeeding

14 fiscal years for administration, salaries, and ex15 penses of the Administration.’’; and

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

17 following:

18 ‘‘(b) ELDERCARE LOCATOR SERVICE.—There are au19 thorized to be appropriated to carry out section 202(a)(24)

20 (relating to the National Eldercare Locator Service)

21 $1,000,000 for fiscal year 2001, and such sums as may be

22 necessary for each of the 4 succeeding fiscal years.

23 ‘‘(c) PENSION COUNSELING AND INFORMATION PRO24 GRAMS.—There are authorized to be appropriated to carry
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1 out section 215, such sums as may be necessary for fiscal

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

3 Subtitle B—Amendments to the

4 Older Americans Act Amend5 ments of 1987

6 SEC. 211. WHITE HOUSE CONFERENCE.

7 Title II of the Older Americans Act Amendments of

8 1987 (42 U.S.C. 3001 note) is amended—

9 (1) by striking section 201;

10 (2) by redesignating sections 202, 203, 204, 205,

11 206, and 207, as sections 201, 202, 203, 204, 205,

12 and 206, respectively;

13 (3) in section 201 (as redesignated by paragraph

14 (2))—

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

16 and inserting the following:

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

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

19 White House Conference on Aging in order to fulfill the pur20 pose set forth in subsection (c) and to make fundamental

21 policy recommendations regarding programs that are im22 portant to older individuals and to the families and com23 munities of such individuals.

24 ‘‘(b) PLANNING AND DIRECTION.—The Conference de25 scribed in subsection (a) shall be planned and conducted
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1 under the direction of the Secretary, in cooperation with

2 the Assistant Secretary for Aging, the Director of the Na3 tional Institute on Aging, the Administrator of the Health

4 Care Financing Administration, the Social Security Ad5 ministrator, and the heads of such other Federal agencies

6 serving older individuals as are appropriate. Planning and

7 conducting the Conference includes the assignment of per8 sonnel.

9 ‘‘(c) PURPOSE.—The purpose of the Conference de10 scribed in subsection (a) shall be to gather individuals rep11 resenting the spectrum of thought and experience in the field

12 of aging to—

13 ‘‘(1) evaluate the manner in which the objectives

14 of this Act can be met by using the resources and tal15 ents of older individuals, of families and communities

16 of such individuals, and of individuals from the pub17 lic and private sectors;

18 ‘‘(2) evaluate the manner in which national poli19 cies that are related to economic security and health

20 care are prepared so that such policies serve individ21 uals born from 1946 to 1964 and later, as the indi22 viduals become older individuals, including an exam23 ination of the Social Security, medicare, and med24 icaid programs carried out under titles II, XVIII,

25 and XIX of the Social Security Act (42 U.S.C. 401
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1 et seq., 1395 et seq., and 1396 et seq.) in relation to

2 providing services under this Act, and determine how

3 well such policies respond to the needs of older indi4 viduals; and

5 ‘‘(3) develop 50 recommendations to guide the

6 President, Congress, and Federal agencies in serving

7 older individuals.’’; and

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

9 individuals from low-income families.’’ and in10 serting ‘‘individuals from low-income families,

11 representatives of Federal, State, and local gov12 ernments, and individuals from rural areas. A

13 majority of such delegates shall be age 55 or

14 older.’’;

15 (4) in section 202 (as redesignated by paragraph

16 (2))—

17 (A) in subsection (a)—

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

19 (ii) by redesignating paragraphs (4),

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

21 respectively;

22 (B) in subsection (b)—

23 (i) by striking paragraph (1);
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1 (ii) by redesignating paragraphs (2),

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

3 and (4) respectively;

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

5 by clause (ii))—

6 (I) by striking ‘‘subsection (a)(4)’’

7 and inserting ‘‘subsection (a)(3)’’; and

8 (II) by striking ‘‘regarding such

9 agenda,’’ and inserting ‘‘regarding

10 such agenda, and’’; and

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

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

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

14 and

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

16 ‘‘Gifts may be earmarked by the donor or the ex17 ecutive committee for a specific purpose.’’;

18 (5) in section 203(a) (as redesignated by para19 graph (2))—

20 (A) by striking paragraph (1) and inserting

21 the following:

22 ‘‘(1) ESTABLISHMENT.—There is established a

23 Policy Committee comprised of 17 members to be se24 lected, not later than 2 years prior to the date on

25 which the Conference convenes, as follows:
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1 ‘‘(A) PRESIDENTIAL APPOINTEES.—Nine

2 members shall be selected by the President and

3 shall include—

4 ‘‘(i) 3 members who are officers or em5 ployees of the United States; and

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

7 field of aging, including providers and con8 sumers of aging services.

9 ‘‘(B) HOUSE APPOINTEES.—Two members

10 shall be selected by the Speaker of the House of

11 Representatives, after consultation with the Com12 mittee on Education and the Workforce and the

13 Committee on Ways and Means of the House of

14 Representatives, and 2 members shall be selected

15 by the Minority Leader of the House of Rep16 resentatives, after consultation with such com17 mittees.

18 ‘‘(C) SENATE APPOINTEES.—Two members

19 shall be selected by the Majority Leader of the

20 Senate, after consultation with members of the

21 Committee on Health, Education, Labor, and

22 Pensions and the Special Committee on Aging of

23 the Senate, and 2 members shall be selected by

24 the Minority Leader of the Senate, after con-
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1 sultation with members of such committees.’’;

2 and

3 (B) in paragraph (2)—

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

5 ‘‘Committee’’ and inserting ‘‘Committee for

6 the Secretary’’; and

7 (ii) by striking subparagraphs (D) and

8 (E) and inserting the following:

9 ‘‘(D) establish the number of delegates to be

10 selected under section 201(d)(2);

11 ‘‘(E) establish an executive committee con12 sisting of 3 to 5 members, with a majority of

13 such members being age 55 or older, to work

14 with Conference staff; and

15 ‘‘(F) establish other committees as needed

16 that have a majority of members who are age 55

17 or older.’’; and

18 (C) by striking paragraph (3) and inserting

19 the following:

20 ‘‘(3) VOTING; CHAIRPERSON.—

21 ‘‘(A) VOTING.—The Policy Committee shall

22 act by the vote of a majority of the members

23 present. A quorum of Committee members shall

24 not be required to conduct Committee business.
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1 ‘‘(B) CHAIRPERSON.—The President shall

2 select the chairperson from among the members

3 of the Policy Committee. The chairperson may

4 vote only to break a tie vote of the other members

5 of the Policy Committee.’’;

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

7 paragraph (2)) and inserting the following:

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

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

10 after the date on which the Conference adjourns, the Policy

11 Committee shall publish and deliver to the chief executive

12 officers of the States a preliminary report on the Con13 ference. Comments on the preliminary report of the Con14 ference shall be accepted by the Policy Committee.

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

16 the date on which the Conference adjourns, the Policy Com17 mittee shall publish and transmit to the President and to

18 Congress recommendations resulting from the Conference

19 and suggestions for any administrative action and legisla20 tion necessary to implement the recommendations contained

21 within the report.’’; and

22 (7) in section 206 (as redesignated by paragraph

23 (2))—

24 (A) in subsection (a), by striking paragraph

25 (1) and inserting the following:
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1 ‘‘(1) IN GENERAL.—There are authorized to be

2 appropriated to carry out this section—

3 ‘‘(A) $1,000,000 for the first fiscal year in

4 which the Policy Committee plans the Conference

5 and for the following fiscal year; and

6 ‘‘(B) $3,000,000 for the fiscal year in which

7 the Conference is held.’’; and

8 (B) in subsection (b)—

9 (i) in paragraph (1), by striking ‘‘sec10 tion 203(c)’’ and inserting ‘‘section 202(c)’’;

11 and

12 (ii) in paragraph (3), by striking ‘‘De13 cember 31, 1995’’ and inserting ‘‘December

14 31, 2005’’.

15 TITLE III—AMENDMENTS TO

16 TITLE III OF THE OLDER

17 AMERICANS ACT OF 1965

18 SEC. 301. PURPOSE.

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

20 U.S.C. 3021) is amended by adding at the end the following:

21 ‘‘(d)(1) Any funds received under an allotment as de22 scribed in section 304(a), or funds contributed toward the

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

24 for activities and services to benefit older individuals and

25 other individuals as specifically provided for in this title.
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1 ‘‘(2) No provision of this title shall be construed as

2 prohibiting a State agency or area agency on aging from

3 providing services by using funds from sources not described

4 in paragraph (1).’’.

5 SEC. 302. AUTHORIZATION OF APPROPRIATIONS.

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

7 U.S.C 3023) is amended—

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

9 the following:

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

11 carry out part B (relating to supportive services)

12 $506,764,000 for fiscal year 2001, and such sums as may

13 be necessary for each of the 4 succeeding fiscal years.’’;

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

15 following:

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

17 carry out subpart 1 of part C (relating to congregate nutri18 tion services) $505,000,000 for fiscal year 2001, and such

19 sums as may be necessary for each of the 4 succeeding fiscal

20 years.

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

22 out subpart 2 of part C (relating to home delivered nutri23 tion services) $200,000,000 for fiscal year 2001, and such

24 sums as may be necessary for each of the 4 succeeding fiscal

25 years.’’; and
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1 (3) by striking subsections (d) through (g) and

2 inserting the following:

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

4 out part D (relating to disease prevention and health pro5 motion services) $25,000,000 for fiscal year 2001, and such

6 sums as may be necessary for each of the 4 succeeding fiscal

7 years.

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

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

10 $125,000,000 for fiscal year 2001, and such sums as may

11 be necessary for each of the 4 succeeding fiscal years.

12 ‘‘(2) Of the funds appropriated under paragraph (1)—

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

14 carry out activities described in section 375; and

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

16 carry out activities described in section 376.’’.

17 SEC. 303. ALLOTMENT; FEDERAL SHARE.

18 (a) IN GENERAL.—Section 304 of the Older Americans

19 Act of 1965 (42 U.S.C. 3024) is amended by striking sub20 section (a) and inserting the following:

21 ‘‘(a)(1) From the sums appropriated under subsections

22 (a) through (d) of section 303 for each fiscal year, each

23 State shall be allotted an amount which bears the same

24 ratio to such sums as the population of older individuals
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1 in such State bears to the population of older individuals

2 in all States.

3 ‘‘(2) In determining the amount allotted to a State

4 from the sums appropriated under section 303 for a fiscal

5 year, the Assistant Secretary shall first determine the

6 amount allotted to such State under paragraph (1) and

7 then adjust such amount, if necessary, to meet the require8 ments of paragraph (3).

9 ‘‘(3)(A) No State shall be allotted less than one-half

10 of 1 percent of the sum appropriated for the fiscal year for

11 which the determination is made.

12 ‘‘(B) Guam and the United States Virgin Islands shall

13 each be allotted not less than one-fourth of 1 percent of the

14 sum appropriated for the fiscal year for which the deter15 mination is made.

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

17 Northern Mariana Islands shall each be allotted not less

18 than one-sixteenth of 1 percent of the sum appropriated for

19 the fiscal year for which the determination is made. For

20 the purposes of the exception contained in subparagraph

21 (A) only, the term ‘‘State’’ does not include Guam, Amer22 ican Samoa, the United States Virgin Islands, and the

23 Commonwealth of the Northern Mariana Islands.

24 ‘‘(D) No State shall be allotted less than the total

25 amount allotted to the State for fiscal year 2000 and no
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1 State shall receive a percentage increase above the fiscal

2 year 2000 allotment that is less than 20 percent of the per3 centage increase above the fiscal year 2000 allotments for

4 all of the States.

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

6 any State and in all States shall be determined by the As7 sistant Secretary on the basis of the most recent data avail8 able from the Bureau of the Census, and other reliable demo9 graphic data satisfactory to the Assistant Secretary.

10 ‘‘(5) State allotments for a fiscal year under this sec11 tion shall be proportionally reduced to the extent that ap12 propriations may be insufficient to provide the full allot13 ments of the prior year.’’.

14 (b) AVAILABILITY OF FUNDS FOR REALLOTMENT.—

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

16 U.S.C. 3024(b)) is amended in the first sentence by striking

17 ‘‘part B or C’’ and inserting ‘‘part B or C, or subpart 1

18 of part E,’’.

19 SEC. 304. AREA PLANS.

20 (a) IN GENERAL.—Section 306(a) of the Older Ameri21 cans Act of 1965 (42 U.S.C. 3026(a)) is amended—

22 (1) in paragraph (2)—

23 (A) in the matter preceding subparagraph

24 (A), by striking ‘‘section 307(a)(22)’’ and insert25 ing ‘‘section 307(a)(2)’’;
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1 (B) in subparagraph (B), by striking ‘‘serv2 ices (homemaker’’ and all that follows through

3 ‘‘maintenance, and’’ and inserting ‘‘services, in4 cluding’’; and

5 (C) in the matter following subparagraph

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

7 plan, as submitted or as amended,’’ and insert8 ing ‘‘and assurances that the area agency on

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

10 (2) in paragraph (3)(A), by striking ‘‘paragraph

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

12 (3)(A) by striking paragraph (4); and

13 (B) by redesignating paragraph (5) as para14 graph (4);

15 (4) by inserting after paragraph (4) (as redesig16 nated by paragraph (3)) the following:

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

18 aging will coordinate planning, identification, assess19 ment of needs, and provision of services for older in20 dividuals with disabilities, with particular attention

21 to individuals with severe disabilities, with agencies

22 that develop or provide services for individuals with

23 disabilities;’’;

24 (5) in paragraph (6)—
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1 (A) by striking subparagraphs (A), (B),

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

3 (S);

4 (B) by redesignating subparagraphs (C),

5 (D), (E), (F), (H), (M), and (N), as subpara6 graphs (A), (B), (C), (D), (E), (F), and (G), re7 spectively;

8 (C) in subparagraph (C) (as redesignated

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

10 and inserting ‘‘, assistance to older individuals

11 caring for relatives who are children’’; and

12 (D) in subparagraph (F) (as redesignated

13 by subparagraph (B)), by adding ‘‘and’’ after the

14 semicolon;

15 (6) by striking paragraphs (7) through (13) and

16 inserting the following:

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

18 facilitate the coordination of community-based, long19 term care services designed to enable older individuals

20 to remain in their homes, by means including—

21 ‘‘(A) development of case management serv22 ices as a component of the long-term care serv23 ices, consistent with the requirements of para24 graph (8);
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1 ‘‘(B) involvement of long-term care pro2 viders in the coordination of such services; and

3 ‘‘(C) increasing community awareness of

4 and involvement in addressing the needs of resi5 dents of long-term care facilities;

6 ‘‘(8) provide that case management services pro7 vided under this title through the area agency on

8 aging will—

9 ‘‘(A) not duplicate case management serv10 ices provided through other Federal and State

11 programs;

12 ‘‘(B) be coordinated with services described

13 in subparagraph (A); and

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

15 nonprofit private agency that—

16 ‘‘(i) gives each older individual seeking

17 services under this title a list of agencies

18 that provide similar services within the ju19 risdiction of the area agency on aging;

20 ‘‘(ii) gives each individual described in

21 clause (i) a statement specifying that the

22 individual has a right to make an inde23 pendent choice of service providers and doc24 uments receipt by such individual of such

25 statement;
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1 ‘‘(iii) has case managers acting as

2 agents for the individuals receiving the serv3 ices and not as promoters for the agency

4 providing such services; or

5 ‘‘(iv) is located in a rural area and ob6 tains a waiver of the requirements described

7 in clauses (i) through (iii);

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

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

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

11 expend not less than the total amount of funds appro12 priated under this Act and expended by the agency in

13 fiscal year 2000 in carrying out such a program

14 under this title;

15 ‘‘(10) provide a grievance procedure for older in16 dividuals who are dissatisfied with or denied services

17 under this title;

18 ‘‘(11) provide information and assurances con19 cerning services to older individuals who are Native

20 Americans (referred to in this paragraph as ‘older

21 Native Americans’), including—

22 ‘‘(A) information concerning whether there

23 is a significant population of older Native Amer24 icans in the planning and service area and if so,

25 an assurance that the area agency on aging will
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1 pursue activities, including outreach, to increase

2 access of those older Native Americans to pro3 grams and benefits provided under this title;

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

5 aging will, to the maximum extent practicable,

6 coordinate the services the agency provides under

7 this title with services provided under title VI;

8 and

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

10 aging will make services under the area plan

11 available, to the same extent as such services are

12 available to older individuals within the plan13 ning and service area, to older Native Ameri14 cans; and

15 ‘‘(12) provide that the area agency on aging will

16 establish procedures for coordination of services with

17 entities conducting other Federal or federally assisted

18 programs for older individuals at the local level, with

19 particular emphasis on entities conducting programs

20 described in section 203(b) within the planning and

21 service area.’’;

22 (7) by redesignating paragraph (14) as para23 graph (13);

24 (8) by inserting after paragraph (13) (as redes25 ignated by paragraph (7)) the following:
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1 ‘‘(14) provide assurances that funds received

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

3 a cost (including an administrative cost) incurred by

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

5 commercial relationship that is not carried out to im6 plement this title; and

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

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

12 and

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

14 (b) WAIVERS.—Section 306(b) of the Older Americans

15 Act of 1965 (42 U.S.C. 3026(b)) is amended—

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

18 public hearing upon request’’; and

19 (2) by striking paragraph (2).

20 SEC. 305. STATE PLANS.

21 Section 307(a) of the Older Americans Act of 1965 (42

22 U.S.C. 3027(a)) is amended—

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

24 inserting the following:

25 ‘‘(1) The plan shall—
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1 ‘‘(A) require each area agency on aging des2 ignated under section 305(a)(2)(A) to develop

3 and submit to the State agency for approval, in

4 accordance with a uniform format developed by

5 the State agency, an area plan meeting the re6 quirements of section 306; and

7 ‘‘(B) be based on such area plans.

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

10 ‘‘(A) evaluate, using uniform procedures de11 scribed in section 202(a)(29), the need for sup12 portive services (including legal assistance pur13 suant to 307(a)(11), information and assistance,

14 and transportation services), nutrition services,

15 and multipurpose senior centers within the

16 State;

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

19 programs and resources (including volunteers

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

22 meet such need; and

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

24 funds received by each area agency on aging in

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

3 aging to provide each of the categories of services

4 specified in section 306(a)(2).

5 ‘‘(3) The plan shall—

6 ‘‘(A) include (and may not be approved un7 less the Assistant Secretary approves) the state8 ment and demonstration required by paragraphs

9 (2) and (4) of section 305(d) (concerning intra10 state distribution of funds); and

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

13 ‘‘(i) provide assurances that the State

14 agency will spend for each fiscal year, not

15 less than the amount expended for such

16 services for fiscal year 2000;

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

18 which the plan applies, the projected costs of

19 providing such services (including the cost

20 of providing access to such services); and

21 ‘‘(iii) describe the methods used to meet

22 the needs for such services in the fiscal year

23 preceding the first year to which such plan

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

3 hearings on, activities and projects carried out in the

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

7 need, or disabilities, with particular attention to low8 income minority individuals.

9 ‘‘(5) The plan shall provide that the State agen10 cy will—

11 ‘‘(A) afford an opportunity for a public

12 hearing upon request, in accordance with pub13 lished procedures, to any area agency on aging

14 submitting a plan under this title, to any pro15 vider of (or applicant to provide) services, or

16 any recipient of services under such a plan; and

17 ‘‘(B) issue guidelines applicable to grievance

18 procedures required by section 306(a)(10).’’;

19 (2) in paragraph (7), by striking subparagraph

20 (C);

21 (3) by striking paragraphs (8) and (9) and in22 serting the following:

23 ‘‘(8)(A) The plan shall provide that no sup24 portive services, nutrition services, or in-home services

25 will be directly provided by the State agency or an
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1 area agency on aging in the State, unless, in the

2 judgment of the State agency—

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

4 agency or the area agency on aging is necessary

5 to assure an adequate supply of such services;

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

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

8 administrative functions; or

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

10 economically, and with comparable quality, by

11 such State agency or area agency on aging.

12 ‘‘(B) Regarding case management services, if the

13 State agency or area agency on aging is already pro14 viding case management services (as of the date of

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

16 plan may specify that such agency is allowed to con17 tinue to provide case management services.

18 ‘‘(C) The plan may specify that an area agency

19 on aging is allowed to directly provide information

20 and assistance services and outreach.

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

22 State agency will carry out, through the Office of the

23 State Long-Term Care Ombudsman, a State Long24 Term Care Ombudsman program in accordance with

25 section 712 and this title, and will expend for such
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1 purpose an amount that is not less than an amount

2 expended by the State agency with funds received

3 under this title for fiscal year 2000, and an amount

4 that is not less than the amount expended by the

5 State agency with funds received under title VII for

6 fiscal year 2000.’’;

7 (4) by striking paragraphs (10), (11), and (12);

8 (5) by redesignating paragraph (13) as para9 graph (10);

10 (6) in paragraph (10) (as redesignated by para11 graph (5))—

12 (A) by striking subparagraphs (B), (C),

13 (D), (E), (H), and (M);

14 (B) by redesignating subparagraphs (F),

15 (G), (I), (J), (K), and (L) as subparagraphs (B),

16 (C), (D), (E), (F), and (G), respectively;

17 (C) in subparagraph (F) (as redesignated

18 by subparagraph (B)), by striking ‘‘older indi19 vidual;’’ and inserting ‘‘older individual; and’’;

20 and

21 (D) in subparagraph (G) (as redesignated

22 by subparagraph (B)), by striking ‘‘; and’’ and

23 inserting a period;

24 (7) by striking paragraph (14);
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1 (8) by redesignating paragraphs (15) and (16)

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

3 (9) by striking paragraph (17);

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

6 (11) by striking paragraph (19);

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

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

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

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

12 (18), respectively;

13 (15) in paragraph (17) (as redesignated by

14 paragraph (14)), by inserting ‘‘to enhance services’’

15 before ‘‘and develop collaborative programs’’;

16 (16) in paragraph (18) (as redesignated by

17 paragraph (14)), by striking ‘‘section 306(a)(6)(I)’’

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

19 (17) by striking paragraphs (27), (28), (29), and

20 (31);

21 (18) by redesignating paragraphs (30) and (32)

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

23 (19) by striking paragraphs (33), (34), and (35)

24 and inserting the following:

25 ‘‘(21) The plan shall—
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1 ‘‘(A) provide an assurance that the State

2 agency will coordinate programs under this title

3 and programs under title VI, if applicable; and

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

5 agency will pursue activities to increase access

6 by older individuals who are Native Americans

7 to all aging programs and benefits provided by

8 the agency, including programs and benefits pro9 vided under this title, if applicable, and specify

10 the ways in which the State agency intends to

11 implement the activities.’’;

12 (20) by redesignating paragraph (36) as para13 graph (22);

14 (21) by striking paragraphs (37), (38), (39),

15 (40), and (43);

16 (22) by redesignating paragraphs (41), (42), and

17 (44) as paragraphs (23), (24), and (25), respectively;

18 and

19 (23) by adding at the end the following:

20 ‘‘(26) The plan shall provide assurances that

21 funds received under this title will not be used to pay

22 any part of a cost (including an administrative cost)

23 incurred by the State agency or an area agency on

24 aging to carry out a contract or commercial relation25 ship that is not carried out to implement this title.’’.
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1 SEC. 306. PLANNING, COORDINATION, EVALUATION, AND

2 ADMINISTRATION OF STATE PLANS.

3 Section 308(b) of the Older Americans Act of 1965 (42

4 U.S.C. 3028(b)) is amended—

5 (1) in paragraph (4)—

6 (A) in subparagraph (B)—

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

8 1994, 1995, or 1996’’ and inserting ‘‘for

9 any fiscal year’’; and

10 (ii) by striking ‘‘to satisfy such need—

11 ’’ and all that follows and inserting ‘‘to sat12 isfy such need an additional 20 percent of

13 the funds so received by a State and attrib14 utable to funds appropriated under para15 graph (1) or (2) of section 303(b).’’; and

16 (B) by adding at the end the following:

17 ‘‘(C) A State’s request for a waiver under subpara18 graph (B) shall—

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

20 ‘‘(ii) include a request that the waiver be grant21 ed;

22 ‘‘(iii) specify the amount of the funds received by

23 a State and attributable to funds appropriated under

24 paragraph (1) or (2) of section 303(b), over the per25 missible 30 percent referred to in subparagraph (A),
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1 that the State requires to satisfy the need for services

2 under subpart 1 or 2 of part C; and

3 ‘‘(iv) not include a request for a waiver with re4 spect to an amount if the transfer of the amount

5 would jeopardize the appropriate provision of services

6 under subpart 1 or 2 of part C.’’; and

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

8 following:

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

10 title, of the funds received by a State attributable to funds

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

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

13 to transfer not more than 30 percent for any fiscal year

14 between programs under part B and part C, for use as the

15 State considers appropriate. The State shall notify the As16 sistant Secretary of any such election.

17 ‘‘(B) At a minimum, the notification described in sub18 paragraph (A) shall include a description of the amount

19 to be transferred, the purposes of the transfer, the need for

20 the transfer, and the impact of the transfer on the provision

21 of services from which the funding will be transferred.’’.

22 SEC. 307. AVAILABILITY OF DISASTER RELIEF FUNDS TO

23 TRIBAL ORGANIZATIONS.

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

25 U.S.C. 3030) is amended—
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1 (1) in subsection (a)—

2 (A) in paragraph (1)—

3 (i) by inserting ‘‘(or to any tribal or4 ganization receiving a grant under title

5 VI)’’ after ‘‘any State’’; and

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

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

8 delivery of supportive services’’;

9 (B) in paragraph (2), by inserting ‘‘and

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

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

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

13 appears; and

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

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

16 SEC. 308. NUTRITION SERVICES INCENTIVE PROGRAM.

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

18 U.S.C. 3030a) is amended—

19 (1) in the section heading, by striking ‘‘AVAIL20 ABILITY OF SURPLUS COMMODITIES’’ and inserting

21 ‘‘NUTRITION SERVICES INCENTIVE PROGRAM’’;

22 (2) by redesignating subsections (a), (b), (c), and

23 (d) as subsections (c), (d), (e), and (f), respectively;

24 (3) by inserting before subsection (c) (as redesig25 nated by paragraph (2)) the following:
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1 ‘‘(a) The purpose of this section is to provide incentives

2 to encourage and reward effective performance by States

3 and tribal organizations in the efficient delivery of nutri4 tious meals to older individuals.

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

6 pay, to each State agency with a plan approved under this

7 title for a fiscal year, and to each grantee with an applica8 tion approved under title VI for such fiscal year, an amount

9 bearing the same ratio to the total amount appropriated

10 for such fiscal year under subsection (e) as the number of

11 meals served in the State under such plan approved for the

12 preceding fiscal year (or the number of meals served by the

13 title VI grantee, under such application approved for such

14 preceding fiscal year), bears to the total number of such

15 meals served in all States and by all title VI grantees under

16 all such plans and applications approved for such preceding

17 fiscal year.

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

19 grantee that has an application approved under title VI

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

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

22 meals served by the title VI grantee for the preceding fiscal

23 year shall be deemed to equal the number of meals that the

24 Assistant Secretary estimates will be served by the title VI
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1 grantee in the fiscal year for which the application was ap2 proved.’’;

3 (4) in subsection (c) (as redesignated by para4 graph (2)), by striking paragraph (4);

5 (5) in subsection (d) (as redesignated by para6 graph (2)), by adding at the end the following:

7 ‘‘(4) Among the commodities delivered under sub8 section (c), the Secretary of Agriculture shall give special

9 emphasis to high protein foods, meat, and meat alternates.

10 The Secretary of Agriculture, in consultation with the As11 sistant Secretary, is authorized to prescribe the terms and

12 conditions respecting the donating of commodities under

13 this subsection.’’; and

14 (6) by striking subsection (e) (as redesignated by

15 paragraph (2)) and inserting the following:

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

17 out this section (other than subsection (c)(1)) $460,000,000

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

19 for each of the 4 succeeding fiscal years.’’.

20 SEC. 309. CONSUMER CONTRIBUTIONS AND WAIVERS.

21 Part A of title III (42 U.S.C. 3021 et seq.) is amended

22 by adding at the end the following:

23 ‘‘SEC. 315. CONSUMER CONTRIBUTIONS.

24 ‘‘(a) COST SHARING.—
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1 ‘‘(1) IN GENERAL.—Except as provided in para2 graphs (2) and (3), a State is permitted to implement

3 cost sharing for all services funded by this Act by re4 cipients of the services.

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

6 implement the cost sharing described in paragraph

7 (1) for the following services:

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

9 benefits counseling, or case management services.

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

11 legal assistance, or other consumer protection

12 services.

13 ‘‘(C) Congregate and home delivered meals.

14 ‘‘(D) Any services delivered through tribal

15 organizations.

16 ‘‘(3) PROHIBITIONS.—A State or tribal organiza17 tion shall not permit the cost sharing described in

18 paragraph (1) for any services delivered through trib19 al organizations. A State shall not permit cost shar20 ing by a low-income older individual if the income of

21 such individual is at or below the Federal poverty

22 line. A State may exclude from cost sharing low-in23 come individuals whose incomes are above the Federal

24 poverty line. A State shall not consider any assets,

25 savings, or other property owned by older individuals
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1 when defining low-income individuals who are ex2 empt from cost sharing, when creating a sliding scale

3 for the cost sharing, or when seeking contributions

4 from any older individual.

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

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

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

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

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

11 shall require each area agency on aging in the State

12 to ensure that each service provider involved, and the

13 area agency on aging, will—

14 ‘‘(A) protect the privacy and confidentiality

15 of each older individual with respect to the dec16 laration or non-declaration of individual income

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

18 individual;

19 ‘‘(B) establish appropriate procedures to

20 safeguard and account for cost share payments;

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

22 to expand the service for which such payment

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

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

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

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

7 such individual’s failure to make a cost sharing

8 payment;

9 ‘‘(F) determine the eligibility of older indi10 viduals to cost share solely by a confidential dec11 laration of income and with no requirement for

12 verification; and

13 ‘‘(G) widely distribute State created written

14 materials in languages reflecting the reading

15 abilities of older individuals that describe the

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

17 and the mandate described under subparagraph

18 (E).

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

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

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

22 agency on aging can adequately demonstrate that—

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

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

2 policy; or

3 ‘‘(B) cost sharing would be an unreasonable

4 administrative or financial burden upon the

5 area agency on aging.

6 ‘‘(b) VOLUNTARY CONTRIBUTIONS.—

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

8 shall be allowed and may be solicited for all services

9 for which funds are received under this Act provided

10 that the method of solicitation is noncoercive.

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

12 aging shall consult with the relevant service providers

13 and older individuals in agency’s planning and serv14 ice area in a State to determine the best method for

15 accepting voluntary contributions under this sub16 section.

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

18 aging and service providers shall not means test for

19 any service for which contributions are accepted or

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

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

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

3 service;

4 ‘‘(B) clearly inform each recipient that

5 there is no obligation to contribute and that the

6 contribution is purely voluntary;

7 ‘‘(C) protect the privacy and confidentiality

8 of each recipient with respect to the recipient’s

9 contribution or lack of contribution;

10 ‘‘(D) establish appropriate procedures to

11 safeguard and account for all contributions; and

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

14 given.

15 ‘‘(c) PARTICIPATION.—

16 ‘‘(1) IN GENERAL.—The State and area agencies

17 on aging, in conducting public hearings on State and

18 area plans, shall solicit the views of older individuals,

19 providers, and other stakeholders on implementation

20 of cost-sharing in the service area or the State.

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

22 cost sharing under subsection (a), each State and area

23 agency on aging shall develop plans that are designed

24 to ensure that the participation of low-income older

25 individuals (with particular attention to low-income
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1 minority individuals) receiving services will not de2 crease with the implementation of the cost sharing

3 under such subsection.

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

5 date of enactment of the Older Americans Act Amendments

6 of 2000, and annually thereafter, the Assistant Secretary

7 shall conduct a comprehensive evaluation of practices for

8 cost sharing to determine its impact on participation rates

9 with particular attention to low-income and minority older

10 individuals. If the Assistant Secretary finds that there is

11 a disparate impact upon low-income or minority older in12 dividuals in any State or region within the State regarding

13 the provision of services, the Assistant Secretary shall take

14 corrective action to assure that such services are provided

15 to all older individuals without regard to the cost sharing

16 criteria.

17 ‘‘SEC. 316. WAIVERS.

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

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

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

21 State agency containing or accompanied by documentation

22 sufficient to establish, to the satisfaction of the Assistant

23 Secretary, that—
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1 ‘‘(1) approval of the State legislature has been

2 obtained or is not required with respect to the pro3 posal for which waiver is sought;

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

5 area agencies on aging in the State and other organi6 zations that would be affected with respect to the pro7 posal for which waiver is sought;

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

9 public review and comment, including the oppor10 tunity for a public hearing upon request, within the

11 State (and a summary of all of the comments received

12 has been included in the application); and

13 ‘‘(4) the State agency has given adequate consid14 eration to the probable positive and negative con15 sequences of approval of the waiver application, and

16 the probable benefits for older individuals can reason17 ably be expected to outweigh any negative con18 sequences, or particular circumstances in the State

19 otherwise justify the waiver.

20 ‘‘(b) REQUIREMENTS SUBJECT TO WAIVER.—The pro21 visions of this title that may be waived under this section

22 are—

23 ‘‘(1) any provision of sections 305, 306, and 307

24 requiring statewide uniformity of programs carried

25 out under this title, to the extent necessary to permit
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1 demonstrations, in limited areas of a State, of inno2 vative approaches to assist older individuals;

3 ‘‘(2) any area plan requirement described in sec4 tion 306(a) if granting the waiver will promote inno5 vations or improve service delivery and will not di6 minish services already provided under this Act;

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

8 section 307(a) if granting the waiver will promote in9 novations or improve service delivery and will not di10 minish services already provided under this Act;

11 ‘‘(4) any restriction under paragraph (5) of sec12 tion 308(b), on the amount that may be transferred

13 between programs carried out under part B and part

14 C; and

15 ‘‘(5) the requirement of section 309(c) that cer16 tain amounts of a State allotment be used for the pro17 vision of services, with respect to a State that reduces

18 expenditures under the State plan of the State (but

19 only to the extent that the non-Federal share of the

20 expenditures is not reduced below any minimum spec21 ified in section 304(d) or any other provision of this

22 title).

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

24 State agency for a waiver under this section shall include

25 a recommendation as to the duration of the waiver (not
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1 to exceed the duration of the State plan of the State). The

2 Assistant Secretary, in granting such a waiver, shall speci3 fy the duration of the waiver, which may be the duration

4 recommended by the State agency or such shorter time pe5 riod as the Assistant Secretary finds to be appropriate.

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

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

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

9 the waiver period that the Assistant Secretary may require,

10 the State agency shall prepare and submit to the Assistant

11 Secretary a report evaluating the impact of the waiver on

12 the operation and effectiveness of programs and services

13 provided under this title.’’.

14 SEC. 310. SUPPORTIVE SERVICES AND SENIOR CENTERS.

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

16 U.S.C. 3030d) is amended—

17 (1) in subsection (a)—

18 (A) in paragraph (2), by striking ‘‘or both’’

19 and inserting ‘‘and services provided by an area

20 agency on aging, in conjunction with local

21 transportation service providers, public transpor22 tation agencies, and other local government

23 agencies, that result in increased provision of

24 such transportation services for older individ25 uals’’;
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1 (B) in paragraph (4), by striking ‘‘or (D)’’

2 and all that follows and inserting ‘‘or (D) to as3 sist older individuals in obtaining housing for

4 which assistance is provided under programs of

5 the Department of Housing and Urban Develop6 ment;’’;

7 (C) in paragraph (5), by striking ‘‘includ8 ing’’ and all that follows and inserting the fol9 lowing: ‘‘including—

10 ‘‘(A) client assessment, case management

11 services, and development and coordination of

12 community services;

13 ‘‘(B) supportive activities to meet the spe14 cial needs of caregivers, including caretakers who

15 provide in-home services to frail older individ16 uals; and

17 ‘‘(C) in-home services and other community

18 services, including home health, homemaker,

19 shopping, escort, reader, and letter writing serv20 ices, to assist older individuals to live independ21 ently in a home environment;’’;

22 (D) in paragraph (12), by inserting before

23 the semicolon the following: ‘‘, and including the

24 coordination of the services with programs ad25 ministered by or receiving assistance from the
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1 Department of Labor, including programs car2 ried out under the Workforce Investment Act of

3 1998 (29 U.S.C. 2801 et seq.)’’;

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

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

6 following:

7 ‘‘(22) in-home services for frail older individuals,

8 including individuals with Alzheimer’s disease and

9 related disorders with neurological and organic brain

10 dysfunction, and their families, including in-home

11 services defined by a State agency in the State plan

12 submitted under section 307, taking into consider13 ation the age, economic need, and noneconomic and

14 nonhealth factors contributing to the frail condition

15 and need for services of the individuals described in

16 this paragraph, and in-home services defined by an

17 area agency on aging in the area plan submitted

18 under section 306.’’;

19 (G) by redesignating paragraph (22) as

20 paragraph (23); and

21 (H) in paragraph (23) (as redesignated by

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

23 the general welfare of older individuals’’ before

24 the semicolon; and

25 (2) by adding at the end the following:
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1 ‘‘(c) In carrying out the provisions of this part, to

2 more efficiently and effectively deliver services to older indi3 viduals, each area agency on aging shall coordinate services

4 described in subsection (a) with other community agencies

5 and voluntary organizations providing the same services.

6 In coordinating the services, the area agency on aging shall

7 make efforts to coordinate the services with agencies and

8 organizations carrying out intergenerational programs or

9 projects.

10 ‘‘(d) Funds made available under this part shall sup11 plement, and not supplant, any Federal, State, or local

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

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

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

15 SEC. 311. NUTRITION SERVICES.

16 (a) HEADING.—Section 331 of the Older Americans

17 Act of 1965 (42 U.S.C. 3030e) is amended by striking all

18 that precedes ‘‘Assistant Secretary shall’’ and inserting the

19 following:

20 ‘‘SEC. 331. PROGRAM AUTHORIZED.

21 ‘‘(a) IN GENERAL.—The’’.

22 (b) SCHOOL-BASED MEALS.—Section 338 of the Older

23 Americans Act of 1965 (42 U.S.C. 3030g–11) is amended—

24 (1) by striking the section heading;
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1 (2) in subsection (a), by striking ‘‘IN GEN2 ERAL.—’’ and all that follows through ‘‘establishing

3 and operating’’ and inserting ‘‘SCHOOL-BASED

4 MEALS AND MULTIGENERATIONAL PROGRAMS.—In

5 carrying out nutrition projects under subsection (a),

6 the State may carry out’’;

7 (3) by redesignating subsection (a) as subsection

8 (b);

9 (4) by moving that subsection (b) to the end of

10 section 331; and

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

12 ‘‘(c) INTERACTION.—In carrying out projects under

13 subsection (a), the State may make efforts to provide older

14 individuals with opportunities to interact with students on

15 a regular basis in a way that is mutually beneficial.’’.

16 (c) REPEAL.—Subpart 3 of part C of title III of the

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

18 is repealed.

19 (d) REDESIGNATION.—Part C of title III of the Older

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

21 by redesignating subpart 4 as subpart 3.

22 SEC. 312. PAYMENT REQUIREMENT.

23 Section 339A of the Older Americans Act of 1965 (42

24 U.S.C. 3030g–22) is repealed.
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1 SEC. 313. IN-HOME SERVICES AND ADDITIONAL ASSIST2 ANCE.

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

4 U.S.C. 3021 et seq.) is amended—

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

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

7 SEC. 314. DEFINITION.

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

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

10 SEC. 315. NATIONAL FAMILY CAREGIVER SUPPORT PRO11 GRAM.

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

13 U.S.C. 3021 et seq.) is amended—

14 (1) by repealing part G; and

15 (2) by inserting after part D (as redesignated by

16 section 313(2)) the following:

17 ‘‘PART E—NATIONAL FAMILY CAREGIVER

18 SUPPORT PROGRAM

19 ‘‘SEC. 371. SHORT TITLE.

20 ‘‘This part may be cited as the ‘National Family Care21 giver Support Act’.

22 ‘‘Subpart 1—Caregiver Support Program

23 ‘‘SEC. 372. DEFINITIONS.

24 ‘‘In this subpart:

25 ‘‘(1) CHILD.—The term ‘child’ means an indi26 vidual who is not more than 18 years of age.
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1 ‘‘(2) FAMILY CAREGIVER.—The term ‘family

2 caregiver’ means an adult family member, or another

3 individual, who is an informal provider of in-home

4 and community care to an older individual.

5 ‘‘(3) GRANDPARENT OR OLDER INDIVIDUAL WHO

6 IS A RELATIVE CAREGIVER.—The term ‘grandparent

7 or older individual who is a relative caregiver’ means

8 a grandparent or stepgrandparent of a child, or a rel9 ative of a child by blood or marriage, who is 60 years

10 of age or older and—

11 ‘‘(A) lives with the child;

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

13 because the biological or adoptive parents are

14 unable or unwilling to serve as the primary

15 caregiver of the child; and

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

17 such legal custody or guardianship, or is raising

18 the child informally.

19 ‘‘SEC. 373. PROGRAM AUTHORIZED.

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

21 carry out a program for making grants to States with State

22 plans approved under section 307, to pay for the Federal

23 share of the cost of carrying out State programs, to enable

24 area agencies on aging, or entities that such area agencies
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1 on aging contract with, to provide multifaceted systems of

2 support services—

3 ‘‘(1) for family caregivers; and

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

5 are relative caregivers.

6 ‘‘(b) SUPPORT SERVICES.—In providing the services

7 under subsection (a), an area agency on aging, or entity

8 that such agency has contracted with, shall provide—

9 ‘‘(1) information to eligible caregivers about

10 available services;

11 ‘‘(2) assistance to eligible caregivers in gaining

12 access to the services;

13 ‘‘(3) individual counseling, organization of sup14 port groups, and caregiver training to eligible care15 givers to assist the caregivers in making decisions and

16 solving problems relating to their caregiving roles;

17 ‘‘(4) respite care to enable eligible caregivers to

18 be temporarily relieved from their caregiving respon19 sibilities; and

20 ‘‘(5) supplemental services, on a limited basis, to

21 complement the care provided by eligible caregivers.

22 ‘‘(c) ELIGIBILITY AND PRIORITY.—

23 ‘‘(1) ELIGIBILITY.—In order for a family care24 giver, or a grandparent or older individual who is a

25 relative caregiver, to be eligible to receive services pro-
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1 vided by a State program under this subpart, the

2 State shall find that—

3 ‘‘(A) the caregiver is a caregiver described

4 in paragraph (1) or (2) of subsection (a); and

5 ‘‘(B) in the case of a caregiver providing

6 care to an older individual, the older individual

7 meets the condition specified in subparagraph

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

9 ‘‘(2) PRIORITY.—In providing services to a fam10 ily caregiver, or a grandparent or older individual

11 who is a relative caregiver, the State shall give pri12 ority for services to older individuals with greatest so13 cial need, older individuals with greatest economic

14 need, and older individuals providing care and sup15 port to persons with mental retardation and related

16 developmental disabilities (as defined in section 102

17 of the Developmental Disabilities Assistance and Bill

18 of Rights Act (42 U.S.C. 6001)) (referred to in this

19 subpart as ‘developmental disabilities’) consistent

20 with the requirements of section 305(a)(2)(E).

21 ‘‘(d) COORDINATION WITH SERVICE PROVIDERS.—In

22 carrying out this subpart, each area agency on aging shall

23 coordinate the activities of the agency, or entity that such

24 agency has contracted with, with the activities of other com-
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1 munity agencies and voluntary organizations providing the

2 types of services described in subsection (b).

3 ‘‘(e) QUALITY STANDARDS AND MECHANISMS AND AC4 COUNTABILITY.—

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

6 The State shall establish standards and mechanisms

7 designed to assure the quality of services provided

8 with assistance made available under this subpart.

9 ‘‘(2) DATA AND RECORDS.—The State shall col10 lect data and maintain records relating to the State

11 program in a standardized format specified by the

12 Assistant Secretary. The State shall furnish the

13 records to the Assistant Secretary, at such time as the

14 Assistant Secretary may require, in order to enable

15 the Assistant Secretary to monitor State program ad16 ministration and compliance, and to evaluate and

17 compare the effectiveness of the State programs.

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

19 submit to the Assistant Secretary reports on the data

20 and records required under paragraph (2), including

21 information on the services funded under this sub22 part, and standards and mechanisms by which the

23 quality of the services shall be assured.

24 ‘‘(f)(1) IN GENERAL.—From the sums appropriated

25 under subsection 303(e) for each fiscal year, the Assistant
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1 Secretary shall allot to each State an amount that bears

2 the same ratio to such sums as the product of the—

3 ‘‘(A) elderly in need percentage; and

4 ‘‘(B) the caregiver allotment percentage.

5 ‘‘(2) ELDERLY IN NEED PERCENTAGE.—

6 ‘‘(A) IN GENERAL.—The term ‘elderly in need

7 percentage’, used with respect to a State, means the

8 sum of—

9 ‘‘(i) the product of—

10 ‘‘(I) 0.58; and

11 ‘‘(II) the number of individuals who

12 are age 60 or older in the State divided by

13 the number of such individuals in all

14 States;

15 ‘‘(ii) the product of—

16 ‘‘(I) 0.03; and

17 ‘‘(II) the number of individuals who

18 are ages 70 through 74 in the State divided

19 by the number of such individuals in all

20 States;

21 ‘‘(iii) the product of—

22 ‘‘(I) 0.08; and

23 ‘‘(II) the number of individuals who

24 are ages 75 through 79 in the State divided
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1 by the number of such individuals in all

2 States;

3 ‘‘(iv) the product of—

4 ‘‘(I) 0.09; and

5 ‘‘(II) the number of individuals who

6 are ages 80 through 84 in the State divided

7 by the number of such individuals in all

8 States;

9 ‘‘(v) the product of—

10 ‘‘(I) 0.15; and

11 ‘‘(II) the number of individuals who

12 are age 85 or older in the State divided by

13 the number of such individuals in all

14 States;

15 ‘‘(vi) the product of—

16 ‘‘(I) 0.03; and

17 ‘‘(II) the number of individuals age 60

18 or older in the State who are below the Fed19 eral poverty line as determined under the

20 current population survey by the Bureau of

21 the Census, using the most recent 3-year

22 arithmetic mean of the population surveys

23 from such 3 years, divided by the number of

24 such individuals in all States; and

25 ‘‘(vii) the product of—
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1 ‘‘(I) 0.04; and

2 ‘‘(II) the number of individuals who

3 are age 60 or older in the State who are of

4 the nonwhite population as reported by the

5 Bureau of the Census, divided by the num6 ber of such individuals in all States.

7 ‘‘(B) PUERTO RICO.—

8 ‘‘(i) POVERTY LINE.—With respect to sub9 paragraph (A)(vi), the number of individuals

10 age 60 or older in Puerto Rico who are below the

11 Federal poverty line shall be the product of the

12 population aged 60 or older in Puerto Rico and

13 the percentage of individuals aged 60 and older

14 living in poverty in the State with the highest

15 such percentage.

16 ‘‘(ii) NONWHITE POPULATION.—With re17 spect to subparagraph (A)(vii), the nonwhite

18 population for Puerto Rico shall be the product

19 of the population aged 60 or older in Puerto

20 Rico and the percentage of the nonwhite popu21 lation in all States.

22 ‘‘(3) CAREGIVER ALLOTMENT PERCENTAGE.—

23 ‘‘(A) IN GENERAL.—The term ‘caregiver allot24 ment percentage’, used with respect to a State, means
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1 the result obtained by subtracting from 1 the product

2 of—

3 ‘‘(i) 0.65; and

4 ‘‘(ii) the result obtained by dividing the

5 total taxable resources percentage for the State

6 by the elderly in need percentage described in

7 paragraph (2).

8 ‘‘(B) TOTAL TAXABLE RESOURCES PERCENT9 AGE.—The term ‘total taxable resources percentage’

10 means the total taxable resources of the State divided

11 by the total taxable resources of all States.

12 ‘‘(C) TOTAL TAXABLE RESOURCES.—The term

13 ‘total taxable resources’ means the most recent 3-year

14 arithmetic mean of the total taxable resources of the

15 State as determined by the Secretary of the Treasury.

16 ‘‘(D) LIMITATIONS.—

17 ‘‘(i) IN GENERAL.—The caregiver allotment

18 percentage shall not be less than 0.32 and shall

19 not be more than 0.40.

20 ‘‘(ii) PUERTO RICO.—The caregiver allot21 ment percentage for Puerto Rico shall be 0.40.

22 ‘‘(4) MINIMUM.—In determining the amount allotted

under paragraph (1), no State shall receive less than 1 23 ⁄2

24 of 1 percent of the sum appropriated for the fiscal year for

25 which the determination is made.
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1 ‘‘(5) Guam and the United States Virgin Islands shall

each be allotted not less than 1 2 ⁄4 of 1 percent of the sum

3 appropriated for the fiscal year for which the determination

4 is made.

5 ‘‘(6) American Samoa and the Commonwealth of the

6 Northern Mariana Islands shall each be allotted not less

than 1 7 ⁄16 of 1 percent of the sum appropriated for the fiscal

8 year for which the determination is made. For the purposes

9 of the exception contained in paragraph (4) only, the term

10 ‘State’ does not include Guam, American Samoa, the

11 United States Virgin Islands, and the Commonwealth of the

12 Northern Mariana Islands.

13 ‘‘(g) AVAILABILITY OF FUNDS.—

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

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

16 carry out the State program under this subpart may

17 be used, in addition to amounts available in accord18 ance with section 303(c)(1), for costs of administra19 tion of area plans.

20 ‘‘(2) FEDERAL SHARE.—

21 ‘‘(A) IN GENERAL.—Notwithstanding sec22 tion 304(d)(1)(D), the Federal share of the cost

23 of carrying out a State program under this sub24 part shall be 75 percent.
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1 ‘‘(B) NON-FEDERAL SHARE.—The non-Fed2 eral share of the cost shall be provided from

3 State and local sources.

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

5 more than 10 percent of the total Federal and

6 non-Federal share available to the State to pro7 vide support services to grandparents and older

8 individuals who are relative caregivers.

9 ‘‘(h) REPORT ON ALLOTMENT FORMULA.—

10 ‘‘(1) STUDY.—The Assistant Secretary shall

11 enter into a contract with a public or private entity,

12 subject to subsection (2), for the purpose of conducting

13 a study or studies concerning the statutory formula

14 under which funds made available under section

15 303(f) are allocated among the States and territories.

16 Such study or studies shall include—

17 ‘‘(A) an assessment of the degree to which

18 the formula allocates funds according to the re19 spective needs of the States and territories;

20 ‘‘(B) a review of relevant research regarding

21 the incidence of disability and the need for

22 caregiving supportive services among older indi23 viduals and geographic regions of the country;

24 ‘‘(C) an assessment of the validity and rel25 evance of the factors currently included in the
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1 formula, such as age, poverty, and minority sta2 tus;

3 ‘‘(D) an identification of factors not in4 cluded in the formula that are reliable predictors

5 of the incidence of disability and the need for

6 caregiving supportive services; and

7 ‘‘(E) any other information that would con8 tribute to a thorough assessment of the appro9 priateness of the current formula.

10 ‘‘(2) NATIONAL ACADEMY OF SCIENCES.—The

11 Assistant Secretary shall request the National Acad12 emy of Sciences to enter into the contract under para13 graph (1) to conduct the described study. If such

14 Academy declines to conduct the study, the Assistant

15 Secretary shall carry out such study through another

16 public or private entity.

17 ‘‘(3) REPORT.—The Assistant Secretary shall en18 sure that not later than 18 months after the date of

19 enactment of the Older Americans Act Amendments of

20 2000, the study required under paragraph (1) is com21 pleted and a report describing the findings made as

22 a result of such study is submitted to the Committee

23 on Health, Education, Labor, and Pensions of the

24 Senate and the Committee on Education and the

25 Workforce of the House of Represenatives.
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1 ‘‘(4) CONSULTATION.—The entity preparing the

2 report required under paragraph (3) shall consult

3 with the Comptroller General of the United States.

4 The Comptroller General shall review the study after

5 its transmittal to the committees described in para6 graph (3) and within 4 months make appropriate

7 recommendations concerning such report to such com8 mittees.

9 ‘‘SEC. 374. MAINTENANCE OF EFFORT.

10 ‘‘Funds made available under this subpart shall sup11 plement, and not supplant, any Federal, State, or local

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

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

14 services described in section 373.

15 ‘‘Subpart 2—National Innovation Programs

16 ‘‘SEC. 375. INNOVATION GRANT PROGRAM.

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

18 carry out a program for making grants on a competitive

19 basis to foster the development and testing of new ap20 proaches to sustaining the efforts of families and other in21 formal caregivers of older individuals, and to serving par22 ticular groups of caregivers of older individuals, including

23 minority caregivers and distant caregivers and linking

24 family support programs with the State entity or agency

25 that administers or funds programs for persons with mental
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1 retardation or related developmental disabilities and their

2 families.

3 ‘‘(b) EVALUATION AND DISSEMINATION OF RE4 SULTS.—The Assistant Secretary shall provide for evalua5 tion of the effectiveness of programs and activities funded

6 with grants made under this section, and for dissemination

7 to States of descriptions and evaluations of such programs

8 and activities, to enable States to incorporate successful ap9 proaches into their programs carried out under this part.

10 ‘‘(c) SUNSET PROVISION.—This section shall be effec11 tive for 3 fiscal years after the date of enactment of the

12 Older Americans Act Amendments of 2000.

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

14 ‘‘(a) IN GENERAL.—The Assistant Secretary shall, di15 rectly or by grant or contract, carry out activities of na16 tional significance to promote quality and continuous im17 provement in the support provided to family and other in18 formal caregivers of older individuals through program

19 evaluation, training, technical assistance, and research.

20 ‘‘(b) SUNSET PROVISION.—This section shall be effec21 tive for 3 fiscal years after the date of enactment of the

22 Older Americans Act Amendments of 2000.’’.
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1 TITLE IV—TRAINING, RESEARCH,

2 AND DISCRETIONARY

3 PROJECTS AND PROGRAMS.

4 SEC. 401. PROJECTS AND PROGRAMS.

5 Title IV of the Older Americans Act of 1965 (42 U.S.C.

6 3030aa et seq.) is amended to read as follows:

7 ‘‘SEC. 401. PURPOSES.

8 ‘‘The purposes of this title are—

9 ‘‘(1) to expand the Nation’s knowledge and un10 derstanding of the older population and the aging

11 process;

12 ‘‘(2) to design, test, and promote the use of inno13 vative ideas and best practices in programs and serv14 ices for older individuals;

15 ‘‘(3) to help meet the needs for trained personnel

16 in the field of aging; and

17 ‘‘(4) to increase awareness of citizens of all ages

18 of the need to assume personal responsibility for their

19 own longevity.

20 ‘‘PART A—GRANT PROGRAMS

21 ‘‘SEC. 411. PROGRAM AUTHORIZED.

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

23 this section, the Assistant Secretary may make grants to

24 and enter into contracts with States, public agencies, pri-
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1 vate nonprofit agencies, institutions of higher education,

2 and organizations, including tribal organizations, for—

3 ‘‘(1) education and training to develop an ade4 quately trained workforce to work with and on behalf

5 of older individuals;

6 ‘‘(2) applied social research and analysis to im7 prove access to and delivery of services for older indi8 viduals;

9 ‘‘(3) evaluation of the performance of the pro10 grams, activities, and services provided under this

11 section;

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

13 improve the quality and effectiveness of the programs,

14 services, and activities provided under this section;

15 ‘‘(5) the demonstration of new approaches to de16 sign, deliver, and coordinate programs and services

17 for older individuals;

18 ‘‘(6) technical assistance in planning, devel19 oping, implementing, and improving the programs,

20 services, and activities provided under this section;

21 ‘‘(7) coordination with the designated State

22 agency described in section 101(a)(2)(A)(i) of the Re23 habilitation Act of 1973 (29 U.S.C. 721(a)(2)(A)(i))

24 to provide services to older individuals who are blind

25 as described in such Act;
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1 ‘‘(8) the training of graduate level professionals

2 specializing in the mental health needs of older indi3 viduals; and

4 ‘‘(9) any other activities that the Assistant Sec5 retary determines will achieve the objectives of this

6 section.

7 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There

8 are authorized to be appropriated to carry out this section

9 $72,000,000 for fiscal year 2001, and such sums as may

10 be necessary for subsequent fiscal years.

11 ‘‘SEC. 412. SPECIAL PROJECTS IN COMPREHENSIVE LONG12 TERM CARE.

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

14 ‘‘(1) PROJECT.—The term ‘Project’ means a

15 Project to Improve the Delivery of Long-Term Care

16 Services.

17 ‘‘(2) RESOURCE CENTER.—The term ‘Resource

18 Center’ means a Resource Center for Long-Term Care.

19 ‘‘(b) RESOURCE CENTERS.—

20 ‘‘(1) GRANTS AND CONTRACTS.—The Assistant

21 Secretary shall award grants to, or enter into con22 tracts with, eligible entities to support the establish23 ment or operation of not fewer than 4 and not more

24 than 7 Resource Centers in accordance with para25 graph (2).
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1 ‘‘(2) REQUIREMENTS.—

2 ‘‘(A) FUNCTIONS.—Each Resource Center

3 that receives funds under this subsection shall,

4 with respect to subjects within an area of spe5 cialty of the Resource Center—

6 ‘‘(i) perform research;

7 ‘‘(ii) provide for the dissemination of

8 results of the research; and

9 ‘‘(iii) provide technical assistance and

10 training to State agencies and area agencies

11 on aging.

12 ‘‘(B) AREA OF SPECIALTY.—For purposes of

13 subparagraph (A) the term ‘area of specialty’

14 means—

15 ‘‘(i) Alzheimer’s disease and related de16 mentias, and other cognitive impairments;

17 ‘‘(ii) client assessment and case man18 agement;

19 ‘‘(iii) data collection and analysis;

20 ‘‘(iv) home modification and sup21 portive services to enable older individuals

22 to remain in their homes;

23 ‘‘(v) consolidation and coordination of

24 services;
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1 ‘‘(vi) linkages between acute care, reha2 bilitative services, and long-term care, fa3 cilities and providers;

4 ‘‘(vii) decisionmaking and bioethics;

5 ‘‘(viii) supply, training, and quality of

6 long-term care personnel, including those

7 who provide rehabilitative services;

8 ‘‘(ix) rural issues, including barriers to

9 access to services;

10 ‘‘(x) chronic mental illness;

11 ‘‘(xi) populations with greatest social

12 need and populations with greatest eco13 nomic need, with particular attention to

14 low-income minorities; and

15 ‘‘(xii) an area of importance as deter16 mined by the Assistant Secretary.

17 ‘‘(c) PROJECTS.—The Assistant Secretary shall award

18 grants to, or enter into contracts with, eligible entities to

19 support the entities in establishing and carrying out not

20 fewer than 10 Projects.

21 ‘‘(d) USE OF FUNDS.—

22 ‘‘(1) IN GENERAL.—Except as provided in para23 graph (2), an eligible entity may use funds received

24 under a grant or contract—
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1 ‘‘(A) described in subsection (b)(1) to pay for

2 part or all of the cost (including startup cost) of

3 establishing and operating a new Resource Cen4 ter, or of operating a Resource Center in exist5 ence on the day before the date of the enactment

6 of the Older Americans Act Amendments of 2000;

7 or

8 ‘‘(B) described in subsection (c) to pay for

9 part or all of the cost (including startup cost) of

10 establishing and carrying out a Project.

11 ‘‘(2) REIMBURSABLE DIRECT SERVICES.—None

12 of the funds may be used to pay for direct services

13 that are eligible for reimbursement under title XVIII,

14 XIX, or XX of the Social Security Act (42 U.S.C.

15 1395 et seq., 1396 et seq., or 1397 et seq.).

16 ‘‘(e) PREFERENCE.—In awarding grants, and entering

17 into contracts, under this section, the Assistant Secretary

18 shall give preference to entities that demonstrate that—

19 ‘‘(1) adequate State standards have been devel20 oped to ensure the quality of services provided under

21 the grant or contract; and

22 ‘‘(2) the entity has made a commitment to carry

23 out programs under the grant or contract with each

24 State agency responsible for the administration of

25 title XIX or XX of the Social Security Act.
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1 ‘‘(f) APPLICATION.—

2 ‘‘(1) IN GENERAL.—To be eligible to receive

3 funds under a grant or contract described in sub4 section (b)(1) or (c), an entity shall submit an appli5 cation to the Assistant Secretary at such time, in

6 such manner, and containing such information as the

7 Assistant Secretary may require.

8 ‘‘(2) PROJECT APPLICATION.—An entity seeking

9 a grant or contract under subsection (c) shall submit

10 an application to the Assistant Secretary containing,

11 at a minimum—

12 ‘‘(A) information identifying and describing

13 gaps, weaknesses, or other problems in the deliv14 ery of long-term care services in the State or geo15 graphic area to be served by the entity,

16 including—

17 ‘‘(i) duplication of functions in the de18 livery of such services, including duplica19 tion at the State and local level;

20 ‘‘(ii) fragmentation of systems, espe21 cially in coordinating services to popu22 lations of older individuals and other popu23 lations;

24 ‘‘(iii) barriers to access for populations

25 with greatest social need and populations
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1 with greatest economic need, including mi2 norities and residents of rural areas;

3 ‘‘(iv) lack of financing for such serv4 ices;

5 ‘‘(v) lack of availability of adequately

6 trained personnel to provide such services;

7 and

8 ‘‘(vi) lack of a range of chronic care

9 services (including rehabilitative strategies)

10 that promote restoration, maintenance, or

11 improvement of function in older individ12 uals;

13 ‘‘(B) a plan to address the gaps, weaknesses,

14 and problems described in clauses (i) through (v)

15 of subparagraph (A); and

16 ‘‘(C) information describing the extent to

17 which the entity will coordinate activities with

18 area agencies on aging and service providers in

19 establishing or operating the proposed Resource

20 Center or carrying out the proposed Project.

21 ‘‘(g) ELIGIBLE ENTITIES.—

22 ‘‘(1) RESOURCE CENTERS.—Entities eligible to

23 receive grants, or enter into contracts, under sub24 section (b)(1) shall be—

25 ‘‘(A) institutions of higher education; and
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1 ‘‘(B) other public agencies and nonprofit

2 private organizations.

3 ‘‘(2) PROJECTS.—Entities eligible to receive

4 grants, or enter into contracts, under subsection (c)

5 include—

6 ‘‘(A) State agencies; and

7 ‘‘(B) in consultation with State agencies—

8 ‘‘(i) area agencies on aging;

9 ‘‘(ii) institutions of higher education;

10 and

11 ‘‘(iii) other public agencies and non12 profit private organizations.

13 ‘‘(h) REPORT.—The Assistant Secretary shall include

14 in the annual report to Congress required by section 206,

15 a report on the grants awarded, and contracts entered into,

16 under this section, including—

17 ‘‘(1) an analysis of the relative effectiveness, and

18 recommendations for any changes, of the projects of

19 Resource Centers funded under subsection (b)(1) in

20 the fiscal year for which the Assistant Secretary is

21 preparing the annual report; and

22 ‘‘(2) an evaluation of the needs identified, the

23 agencies utilized, and the effectiveness of the ap24 proaches used by projects funded under subsection (c).
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1 ‘‘SEC. 413. OLDER WOMEN’S PROTECTION FROM VIOLENCE

2 PROJECTS.

3 ‘‘(a) PROGRAM AUTHORIZED.—The Assistant Sec4 retary shall make grants to States, area agencies on aging,

5 nonprofit organizations, or tribal organizations to carry

6 out the activities described in subsection (b).

7 ‘‘(b) ACTIVITIES.—A State, an area agency on aging,

8 a nonprofit organization, or a tribal organization that re9 ceives a grant under subsection (a) shall use such grant to—

10 ‘‘(1) support projects in local communities, in11 volving diverse sectors of each community, to coordi12 nate activities concerning intervention in and preven13 tion of elder abuse, neglect, and exploitation, includ14 ing domestic violence and sexual assault, against

15 older individuals;

16 ‘‘(2) develop and implement outreach programs

17 directed toward assisting older individuals who are

18 victims of elder abuse, neglect, and exploitation (in19 cluding domestic violence and sexual assault, against

20 older individuals), including programs directed to21 ward assisting the individuals in senior housing com22 plexes, nursing homes, board and care facilities, and

23 senior centers;

24 ‘‘(3) expand access to domestic violence and sex25 ual assault programs (including shelters, rape crisis

26 centers, and support groups), including mental health
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1 services, safety planning and legal advocacy for older

2 individuals and encourage the use of senior housing,

3 hotels, or other suitable facilities or services when ap4 propriate as emergency short-term shelters for older

5 individuals who are the victims of elder abuse, includ6 ing domestic violence and sexual assault; or

7 ‘‘(4) promote research on legal, organizational,

8 or training impediments to providing services to older

9 individuals through shelters and other programs, such

10 as impediments to provision of services in coordina11 tion with delivery of health care or services delivered

12 under this Act.

13 ‘‘(c) PREFERENCE.—In awarding grants under subsection

14 (a), the Assistant Secretary shall give preference to a State,

15 an area agency on aging, a nonprofit organization, or a

16 tribal organization that has the ability to carry out the ac17 tivities described in this section and title VII of this Act.

18 ‘‘(d) COORDINATION.—The Assistant Secretary shall

19 encourage each State, area agency on aging, nonprofit orga20 nization, and tribal organization that receives a grant

21 under subsection (a) to coordinate activities provided under

22 this section with activities provided by other area agencies

23 on aging, tribal organizations, State adult protective service

24 programs, private nonprofit organizations, and by other en25 tities receiving funds under title VII of this Act.
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1 ‘‘SEC. 414. HEALTH CARE SERVICE DEMONSTRATION

2 PROJECTS IN RURAL AREAS.

3 ‘‘(a) AUTHORITY.—The Assistant Secretary, after con4 sultation with the State agency of the State involved, shall

5 make grants to eligible public agencies and nonprofit pri6 vate organizations to pay part or all of the cost of devel7 oping or operating model health care service projects (in8 cluding related home health care services, adult day health

9 care, outreach, and transportation) through multipurpose

10 senior centers that are located in rural areas and that pro11 vide nutrition services under section 331, to meet the health

12 care needs of medically underserved older individuals resid13 ing in such areas.

14 ‘‘(b) ELIGIBILITY.—To be eligible to receive a grant

15 under subsection (a), a public agency or nonprofit private

16 organization shall submit to the Assistant Secretary an ap17 plication containing such information and assurances as

18 the Secretary may require, including—

19 ‘‘(1) information describing the nature and ex20 tent of the applicant’s—

21 ‘‘(A) experience in providing medical serv22 ices of the type to be provided in the project for

23 which a grant is requested; and

24 ‘‘(B) coordination and cooperation with—

25 ‘‘(i) institutions of higher education

26 having graduate programs with capability
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1 in public health, the medical sciences, psy2 chology, pharmacology, nursing, social

3 work, health education, nutrition, or geron4 tology, for the purpose of designing and de5 veloping such project; and

6 ‘‘(ii) critical access hospitals (as de7 fined in section 1861(mm)(1) of the Social

8 Security Act (42 U.S.C. 1395x(mm)(1)) and

9 rural health clinics (as defined in section

10 1861(aa)(2) of the Social Security Act (42

11 U.S.C. 1395x(aa)(2)));

12 ‘‘(2) assurances that the applicant will carry out

13 the project for which a grant is requested, through a

14 multipurpose senior center located—

15 ‘‘(A)(i) in a rural area that has a popu16 lation of less than 5,000; or

17 ‘‘(ii) in a county that has fewer than 7 in18 dividuals per square mile; and

19 ‘‘(B) in a State in which—

‘‘(i) not less than 331 20 ⁄3 of the popu21 lation resides in rural areas; and

22 ‘‘(ii) not less than 5 percent of the pop23 ulation resides in counties with fewer than

24 7 individuals per square mile;
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1 as defined by and determined in accordance

2 with the most recent data available from the

3 Bureau of the Census; and

4 ‘‘(3) assurances that the applicant will submit to

5 the Assistant Secretary such evaluations and reports

6 as the Assistant Secretary may require.

7 ‘‘(c) REPORTS.—The Assistant Secretary shall prepare

8 and submit to the appropriate committees of Congress a re9 port that includes summaries of the evaluations and reports

10 required under subsection (b).

11 ‘‘SEC. 415. COMPUTER TRAINING.

12 ‘‘(a) PROGRAM AUTHORIZED.—The Assistant Sec13 retary, in consultation with the Assistant Secretary of Com14 merce for Communications and Information, may award

15 grants or contracts to entities to provide computer training

16 and enhanced Internet access for older individuals.

17 ‘‘(b) PRIORITY.—If the Assistant Secretary awards

18 grants under subsection (a), the Assistant Secretary shall

19 give priority to an entity that—

20 ‘‘(1) will provide services to older individuals

21 living in rural areas;

22 ‘‘(2) has demonstrated expertise in providing

23 computer training to older individuals; or

24 ‘‘(3) has demonstrated that it has a variety of

25 training delivery methods, including facility-based,
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1 computer-based, and Internet-based training, that

2 may facilitate a determination of the best method of

3 training older individuals.

4 ‘‘(c) USE OF FUNDS.—An entity that receives a grant

5 or contract under subsection (a) shall use funds received

6 under such grant or contract to provide training for older

7 individuals that—

8 ‘‘(1) relates to the use of computers and related

9 equipment, in order to improve the self-employment

10 and employment-related technology skills of older in11 dividuals, as well as their ability to use the Internet;

12 and

13 ‘‘(2) is provided at senior centers, housing facili14 ties for older individuals, elementary schools, sec15 ondary schools, and institutions of higher education.

16 ‘‘SEC. 416. TECHNICAL ASSISTANCE TO IMPROVE TRANS17 PORTATION FOR SENIORS.

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

19 or contracts to nonprofit organizations to improve trans20 portation services for older individuals.

21 ‘‘(b) USE OF FUNDS.—A nonprofit organization re22 ceiving a grant or contract under subsection (a) shall use

23 funds received under such grant or contract to provide tech24 nical assistance to assist local transit providers, area agen25 cies on aging, senior centers and local senior support groups
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1 to encourage and facilitate coordination of Federal, State,

2 and local transportation services and resources for older in3 dividuals. Such technical assistance may include—

4 ‘‘(1) developing innovative approaches for im5 proving access by older individuals to supportive

6 services;

7 ‘‘(2) preparing and disseminating information

8 on transportation options and resources for older in9 dividuals and organizations serving such individuals

10 through establishing a toll-free telephone number;

11 ‘‘(3) developing models and best practices for

12 comprehensive integrated transportation services for

13 older individuals, including services administered by

14 the Secretary of Transportation, by providing ongo15 ing technical assistance to agencies providing services

16 under title III and by assisting in coordination of

17 public and community transportation services; and

18 ‘‘(4) providing special services to link seniors to

19 transportation services not provided under title III.

20 ‘‘SEC. 417. DEMONSTRATION PROJECTS FOR

21 MULTIGENERATIONAL ACTIVITIES.

22 ‘‘(a) GRANTS AND CONTRACTS.—The Assistant Sec23 retary may award grants and enter into contracts with eli24 gible organizations to establish demonstration projects to

25 provide older individuals with multigenerational activities.
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1 ‘‘(b) USE OF FUNDS.—An eligible organization shall

2 use funds made available under a grant awarded, or a con3 tract entered into, under subsection (a)—

4 ‘‘(1) to carry out a demonstration project that

5 provides multigenerational activities, including any

6 professional training appropriate to such activities

7 for older individuals; and

8 ‘‘(2) to evaluate the project in accordance with

9 subsection (f).

10 ‘‘(c) PREFERENCE.—In awarding grants and entering

11 into contracts under subsection (a), the Assistant Secretary

12 shall give preference to—

13 ‘‘(1) eligible organizations with a demonstrated

14 record of carrying out multigenerational activities;

15 and

16 ‘‘(2) eligible organizations proposing projects

17 that will serve older individuals with greatest eco18 nomic need (with particular attention to low-income

19 minority individuals).

20 ‘‘(d) APPLICATION.—To be eligible to receive a grant

21 or enter into a contract under subsection (a), an organiza22 tion shall submit an application to the Assistant Secretary

23 at such time, in such manner, and accompanied by such

24 information as the Assistant Secretary may reasonably re25 quire.
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1 ‘‘(e) ELIGIBLE ORGANIZATIONS.—Organizations eligi2 ble to receive a grant or enter into a contract under sub3 section (a) shall be organizations that employ, or provide

4 opportunities for, older individuals in multigenerational

5 activities.

6 ‘‘(f) LOCAL EVALUATION AND REPORT.—

7 ‘‘(1) EVALUATION.—Each organization receiving

8 a grant or a contract under subsection (a) to carry

9 out a demonstration project shall evaluate the

10 multigenerational activities assisted under the project

11 to determine the effectiveness of the multigenerational

12 activities, the impact of such activities on child care

13 and youth day care programs, and the impact of such

14 activities on older individuals involved in such

15 project.

16 ‘‘(2) REPORT.—The organization shall submit a

17 report to the Assistant Secretary containing the eval18 uation not later than 6 months after the expiration

19 of the period for which the grant or contract is in ef20 fect.

21 ‘‘(g) REPORT TO CONGRESS.—Not later than 6 months

22 after the Assistant Secretary receives the reports described

23 in subsection (f)(2), the Assistant Secretary shall prepare

24 and submit to the Speaker of the House of Representatives
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1 and the President pro tempore of the Senate a report that

2 assesses the evaluations and includes, at a minimum—

3 ‘‘(1) the names or descriptive titles of the dem4 onstration projects funded under subsection (a);

5 ‘‘(2) a description of the nature and operation of

6 the projects;

7 ‘‘(3) the names and addresses of organizations

8 that conducted the projects;

9 ‘‘(4) a description of the methods and success of

10 the projects in recruiting older individuals as employ11 ees and volunteers to participate in the projects;

12 ‘‘(5) a description of the success of the projects

13 in retaining older individuals involved in the projects

14 as employees and as volunteers; and

15 ‘‘(6) the rate of turnover of older individual em16 ployees and volunteers in the projects.

17 ‘‘(h) DEFINITION.—As used in this section, the term

18 ‘multigenerational activity’ includes an opportunity to

19 serve as a mentor or adviser in a child care program, a

20 youth day care program, an educational assistance pro21 gram, an at-risk youth intervention program, a juvenile de22 linquency treatment program, or a family support pro23 gram.

24 ‘‘SEC. 418. NATIVE AMERICAN PROGRAMS.

25 ‘‘(a) ESTABLISHMENT.—
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1 ‘‘(1) IN GENERAL.—The Assistant Secretary

2 shall make grants or enter into contracts with not

3 fewer than 2 and not more than 4 eligible entities to

4 establish and operate Resource Centers on Native

5 American Elders (referred to in this section as ‘Re6 source Centers’). The Assistant Secretary shall make

7 such grants or enter into such contracts for periods of

8 not less than 3 years.

9 ‘‘(2) FUNCTIONS.—

10 ‘‘(A) IN GENERAL.—Each Resource Center

11 that receives funds under this section shall—

12 ‘‘(i) gather information;

13 ‘‘(ii) perform research;

14 ‘‘(iii) provide for the dissemination of

15 results of the research; and

16 ‘‘(iv) provide technical assistance and

17 training to entities that provide services to

18 Native Americans who are older individ19 uals.

20 ‘‘(B) AREAS OF CONCERN.—In conducting

21 the functions described in subparagraph (A), a

22 Resource Center shall focus on priority areas of

23 concern for the Resource Centers regarding Na24 tive Americans who are older individuals, which

25 areas shall be—
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1 ‘‘(i) health problems;

2 ‘‘(ii) long-term care, including in-home

3 care;

4 ‘‘(iii) elder abuse; and

5 ‘‘(iv) other problems and issues that

6 the Assistant Secretary determines are of

7 particular importance to Native Americans

8 who are older individuals.

9 ‘‘(3) PREFERENCE.—In awarding grants and

10 entering into contracts under paragraph (1), the As11 sistant Secretary shall give preference to institutions

12 of higher education that have conducted research on,

13 and assessments of, the characteristics and needs of

14 Native Americans who are older individuals.

15 ‘‘(4) CONSULTATION.—In determining the type

16 of information to be sought from, and activities to be

17 performed by, Resource Centers, the Assistant Sec18 retary shall consult with the Director of the Office for

19 American Indian, Alaskan Native, and Native Ha20 waiian Aging and with national organizations with

21 special expertise in serving Native Americans who are

22 older individuals.

23 ‘‘(5) ELIGIBLE ENTITIES.—To be eligible to re24 ceive a grant or enter into a contract under para25 graph (1), an entity shall be an institution of higher
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1 education with experience conducting research and

2 assessment on the needs of older individuals.

3 ‘‘(6) REPORT TO CONGRESS.—The Assistant Sec4 retary, with assistance from each Resource Center,

5 shall prepare and submit to the Speaker of the House

6 of Representatives and the President pro tempore of

7 the Senate an annual report on the status and needs,

8 including the priority areas of concern, of Native

9 Americans who are older individuals.

10 ‘‘(b) TRAINING GRANTS.—The Assistant Secretary

11 shall make grants and enter into contracts to provide in12 service training opportunities and courses of instruction on

13 aging to Indian tribes through public or nonprofit Indian

14 aging organizations and to provide annually a national

15 meeting to train directors of programs under this title.’’

16 ‘‘SEC. 419. MULTIDISCIPLINARY CENTERS.

17 ‘‘(a) PROGRAM AUTHORIZED.—The Assistant Sec18 retary may make grants to public and private nonprofit

19 agencies, organizations, and institutions for the purpose of

20 establishing or supporting multidisciplinary centers of ger21 ontology, and gerontology centers of special emphasis (in22 cluding emphasis on nutrition, employment, health (includ23 ing mental health), disabilities (including severe disabil24 ities), income maintenance, counseling services, supportive

25 services and minority populations).
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1 ‘‘(b) USE OF FUNDS.—

2 ‘‘(1) IN GENERAL.—The centers described in sub3 section (a) shall conduct research and policy analysis

4 and function as a technical resource for the Assistant

5 Secretary, policymakers, service providers, and Con6 gress.

7 ‘‘(2) MULTIDISCIPLINARY CENTERS.—The multi8 disciplinary centers of gerontology described in sub9 section (a) shall—

10 ‘‘(A) recruit and train personnel;

11 ‘‘(B) conduct basic and applied research to12 ward the development of information related to

13 aging;

14 ‘‘(C) stimulate the incorporation of infor15 mation on aging into the teaching of biological,

16 behavioral, and social sciences at colleges and

17 universities;

18 ‘‘(D) help to develop training programs in

19 the field of aging at schools of public health, edu20 cation, social work, and psychology, and other

21 appropriate schools within colleges and univer22 sities;

23 ‘‘(E) serve as a repository of information

24 and knowledge on aging;
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1 ‘‘(F) provide consultation and information

2 to public and voluntary organizations, including

3 State agencies and area agencies on aging, which

4 serve the needs of older individuals in planning

5 and developing services provided under other

6 provisions of this Act; and

7 ‘‘(G) if appropriate, provide information

8 relating to assistive technology.

9 ‘‘(c) DATA.—

10 ‘‘(1) IN GENERAL.—Each center that receives a

11 grant under subsection (a) shall provide data to the

12 Assistant Secretary on the projects and activities car13 ried out with funds received under such subsection.

14 ‘‘(2) INFORMATION INCLUDED.—Such data de15 scribed in paragraph (1) shall include—

16 ‘‘(A) information on the number of per17 sonnel trained;

18 ‘‘(B) information on the number of older in19 dividuals served;

20 ‘‘(C) information on the number of schools

21 assisted; and

22 ‘‘(D) other information that will facilitate

23 achieving the objectives of this section.
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1 ‘‘SEC. 420. DEMONSTRATION AND SUPPORT PROJECTS FOR

2 LEGAL ASSISTANCE FOR OLDER INDIVID3 UALS.

4 ‘‘(a) PROGRAM AUTHORIZED.—The Assistant Sec5 retary shall make grants and enter into contracts, in order

6 to—

7 ‘‘(1) provide a national legal assistance support

8 system (operated by one or more grantees or contrac9 tors) of activities to State and area agencies on aging

10 for providing, developing, or supporting legal assist11 ance for older individuals, including—

12 ‘‘(A) case consultations;

13 ‘‘(B) training;

14 ‘‘(C) provision of substantive legal advice

15 and assistance; and

16 ‘‘(D) assistance in the design, implementa17 tion, and administration of legal assistance de18 livery systems to local providers of legal assist19 ance for older individuals; and

20 ‘‘(2) support demonstration projects to expand or

21 improve the delivery of legal assistance to older indi22 viduals with social or economic needs.

23 ‘‘(b) ASSURANCES.—Any grants or contracts made

24 under subsection (a)(2) shall contain assurances that the

25 requirements of section 307(a)(11) are met.
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1 ‘‘(c) ASSISTANCE.—To carry out subsection (a)(1),

2 the Assistant Secretary shall make grants to or enter into

3 contracts with national nonprofit organizations experi4 enced in providing support and technical assistance on a

5 nationwide basis to States, area agencies on aging, legal

6 assistance providers, ombudsmen, elder abuse prevention

7 programs, and other organizations interested in the legal

8 rights of older individuals.

9 ‘‘SEC. 421. OMBUDSMAN AND ADVOCACY DEMONSTRATION

10 PROJECTS.

11 ‘‘(a) PROGRAM AUTHORIZED.—The Assistant Sec12 retary shall award grants to not fewer than 3 and not more

13 than 10 States to conduct demonstrations and evaluate co14 operative projects between the State long-term care ombuds15 man program, legal assistance agencies, and the State pro16 tection and advocacy systems for individuals with develop17 mental disabilities and individuals with mental illness, es18 tablished under part C of the Developmental Disabilities

19 Assistance and Bill of Rights Act (42 U.S.C. 6041 et seq.)

20 and under the Protection and Advocacy for Mentally Ill In21 dividuals Act of 1986 (42 U.S.C. 10801 et seq.).

22 ‘‘(b) REPORT.—The Assistant Secretary shall prepare

23 and submit to Congress a report containing the results of

24 the evaluation required by subsection (a). Such report shall
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1 contain such recommendations as the Assistant Secretary

2 determines to be appropriate.

3 ‘‘PART B—GENERAL PROVISIONS

4 ‘‘SEC. 431. PAYMENT OF GRANTS.

5 ‘‘(a) CONTRIBUTIONS.—To the extent the Assistant

6 Secretary determines a contribution to be appropriate, the

7 Assistant Secretary shall require the recipient of any grant

8 or contract under this title to contribute money, facilities,

9 or services for carrying out the project for which such grant

10 or contract was made.

11 ‘‘(b) PAYMENTS.—Payments under this title pursu12 ant to a grant or contract may be made (after necessary

13 adjustment, in the case of grants, on account of previously

14 made overpayments or underpayments) in advance or by

15 way of reimbursement, and in such installments and on

16 such conditions, as the Assistant Secretary may determine.

17 ‘‘(c) CONSULTATION.—The Assistant Secretary

18 shall make no grant or contract under this title in any

19 State that has established or designated a State agency for

20 purposes of title III unless the Assistant Secretary—

21 ‘‘(1) consults with the State agency prior to

22 issuing the grant or contract; and

23 ‘‘(2) informs the State agency of the purposes of

24 the grant or contract when the grant or contract is

25 issued.
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1 ‘‘SEC. 432. RESPONSIBILITIES OF ASSISTANT SECRETARY.

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

3 responsible for the administration, implementation, and

4 making of grants and contracts under this title and shall

5 not delegate authority under this title to any other indi6 vidual, agency, or organization.

7 ‘‘(b) REPORT.—

8 ‘‘(1) IN GENERAL.—Not later than January 1

9 following each fiscal year, the Assistant Secretary

10 shall submit, to the Speaker of the House of Rep11 resentatives and the President pro tempore of the Sen12 ate, a report for such fiscal year that describes each

13 project and each program—

14 ‘‘(A) for which funds were provided under

15 this title; and

16 ‘‘(B) that was completed in the fiscal year

17 for which such report is prepared.

18 ‘‘(2) CONTENTS.—Such report shall contain—

19 ‘‘(A) the name or descriptive title of each

20 project or program;

21 ‘‘(B) the name and address of the indi22 vidual or governmental entity that conducted

23 such project or program;

24 ‘‘(C) a specification of the period through25 out which such project or program was con26 ducted;
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1 ‘‘(D) the identity of each source of funds ex2 pended to carry out such project or program and

3 the amount of funds provided by each such

4 source;

5 ‘‘(E) an abstract describing the nature and

6 operation of such project or program; and

7 ‘‘(F) a bibliography identifying all pub8 lished information relating to such project or

9 program.

10 ‘‘(c) EVALUATIONS.—

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

12 shall establish by regulation and implement a process

13 to evaluate the results of projects and programs car14 ried out under this title.

15 ‘‘(2) RESULTS.—The Assistant Secretary shall—

16 ‘‘(A) make available to the public the results

17 of each evaluation carried out under paragraph

18 (1); and

19 ‘‘(B) use such evaluation to improve services

20 delivered, or the operation of projects and pro21 grams carried out, under this Act.’’.
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1 TITLE V—AMENDMENT TO TITLE

2 V OF THE OLDER AMERICANS

3 ACT OF 1965

4 SEC. 501. AMENDMENT TO TITLE V OF THE OLDER AMERI5 CANS ACT OF 1965.

6 Title V of the Older Americans Act of 1965 (42 U.S.C.

7 3056 et seq.) is amended to read as follows:

8 ‘‘TITLE V—COMMUNITY SERVICE

9 EMPLOYMENT FOR OLDER

10 AMERICANS

11 ‘‘SEC. 501. SHORT TITLE.

12 ‘‘This title may be cited as the ‘Older American Com13 munity Service Employment Act’.

14 ‘‘SEC. 502. OLDER AMERICAN COMMUNITY SERVICE EM15 PLOYMENT PROGRAM.

16 ‘‘(a)(1) In order to foster and promote useful part-time

17 opportunities in community service activities for unem18 ployed low-income persons who are 55 years or older and

19 who have poor employment prospects, and in order to foster

20 individual economic self-sufficiency and to increase the

21 number of persons who may enjoy the benefits of unsub22 sidized employment in both the public and private sectors,

23 the Secretary of Labor (hereinafter in this title referred to

24 as the ‘Secretary’) is authorized to establish an older Amer25 ican community service employment program.
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1 ‘‘(2) Amounts appropriated to carry out this title shall

2 be used only to carry out the provisions contained in this

3 title.’’.

4 ‘‘(b)(1) In order to carry out the provisions of this

5 title, the Secretary is authorized to enter into agreements,

6 subject to section 514, with State and national public and

7 private nonprofit agencies and organizations, agencies of

8 a State government or a political subdivision of a State

9 (having elected or duly appointed governing officials), or

10 a combination of such political subdivisions, or tribal orga11 nizations in order to further the purposes and goals of the

12 program. Such agreements may include provisions for the

13 payment of costs, as provided in subsection (c) of this sec14 tion, of projects developed by such organizations and agen15 cies in cooperation with the Secretary in order to make the

16 program effective or to supplement the program. No pay17 ment shall be made by the Secretary toward the cost of any

18 project established or administered by any organization or

19 agency unless the Secretary determines that such project—

20 ‘‘(A) will provide employment only for eligible

21 individuals except for necessary technical, adminis22 trative, and supervisory personnel, but such personnel

23 shall, to the fullest extent possible, be recruited from

24 among eligible individuals;
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1 ‘‘(B)(i) will provide employment for eligible in2 dividuals in the community in which such individ3 uals reside, or in nearby communities; or

4 ‘‘(ii) if such project is carried out by a tribal or5 ganization that enters into an agreement under this

6 subsection or receives assistance from a State that en7 ters into such an agreement, will provide employment

8 for such individuals, including those who are Indians

9 residing on an Indian reservation, as the term is de10 fined in section 2601(2) of the Energy Policy Act of

11 1992 (25 U.S.C. 3501(2));

12 ‘‘(C) will employ eligible individuals in service

13 related to publicly owned and operated facilities and

14 projects, or projects sponsored by organizations, other

15 than political parties, exempt from taxation under

16 the provisions of section 501(c)(3) of the Internal Rev17 enue Code of 1986, except projects involving the con18 struction, operation, or maintenance of any facility

19 used or to be used as a place for sectarian religious

20 instruction or worship;

21 ‘‘(D) will contribute to the general welfare of the

22 community;

23 ‘‘(E) will provide employment for eligible indi24 viduals;
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1 ‘‘(F)(i) will result in an increase in employment

2 opportunities over those opportunities which would

3 otherwise be available;

4 ‘‘(ii) will not result in the displacement of cur5 rently employed workers (including partial displace6 ment, such as a reduction in the hours of nonovertime

7 work or wages or employment benefits); and

8 ‘‘(iii) will not impair existing contracts or result

9 in the substitution of Federal funds for other funds in

10 connection with work that would otherwise be per11 formed;

12 ‘‘(G) will not employ or continue to employ any

13 eligible individual to perform work the same or sub14 stantially the same as that performed by any other

15 person who is on layoff;

16 ‘‘(H) will utilize methods of recruitment and se17 lection (including participating in a one-stop delivery

18 system as established under section 134(c) of the

19 Workforce Investment Act of 1998 (29 U.S.C. 2864(c))

20 and listing of job vacancies with the employment

21 agency operated by any State or political subdivision

22 thereof) which will assure that the maximum number

23 of eligible individuals will have an opportunity to

24 participate in the project;
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1 ‘‘(I) will include such training as may be nec2 essary to make the most effective use of the skills and

3 talents of those individuals who are participating,

4 and will provide for the payment of the reasonable ex5 penses of individuals being trained, including a rea6 sonable subsistence allowance;

7 ‘‘(J) will assure that safe and healthy conditions

8 of work will be provided, and will assure that persons

9 employed in community service and other jobs as10 sisted under this title shall be paid wages which shall

11 not be lower than whichever is the highest of—

12 ‘‘(i) the minimum wage which would be ap13 plicable to the employee under the Fair Labor

14 Standards Act of 1938, if section 6(a)(1) of such

15 Act applied to the participant and if the partici16 pant were not exempt under section 13 thereof;

17 ‘‘(ii) the State or local minimum wage for

18 the most nearly comparable covered employment;

19 or

20 ‘‘(iii) the prevailing rates of pay for persons

21 employed in similar public occupations by the

22 same employer;

23 ‘‘(K) will be established or administered with the

24 advice of persons competent in the field of service in

25 which employment is being provided, and of persons
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1 who are knowledgeable with regard to the needs of

2 older persons;

3 ‘‘(L) will authorize pay for necessary transpor4 tation costs of eligible individuals which may be in5 curred in employment in any project funded under

6 this title, in accordance with regulations promulgated

7 by the Secretary;

8 ‘‘(M) will assure that, to the extent feasible, such

9 project will serve the needs of minority, limited

10 English-speaking, and Indian eligible individuals,

11 and eligible individuals who have the greatest eco12 nomic need, at least in proportion to their numbers

13 in the State and take into consideration their rates

14 of poverty and unemployment;

15 ‘‘(N)(i) will prepare an assessment of the par16 ticipants’ skills and talents and their needs for serv17 ices, except to the extent such project has, for the par18 ticipant involved, recently prepared an assessment of

19 such skills and talents, and such needs, pursuant to

20 another employment or training program (such as a

21 program under the Workforce Investment Act of 1998

22 (29 U.S.C. 2801 et seq.), the Carl D. Perkins Voca23 tional and Technical Education Act of 1998 (20

24 U.S.C. 2301 et seq.), or part A of title IV of the So25 cial Security Act (42 U.S.C. 601 et seq.));
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1 ‘‘(ii) will provide to eligible individuals training

2 and employment counseling based on strategies that

3 identify appropriate employment objectives and the

4 need for supportive services, developed as a result of

5 the assessment and service strategy provided for in

6 clause (i); and

7 ‘‘(iii) will provide counseling to participants on

8 their progress in meeting such objectives and satis9 fying their need for supportive services;

10 ‘‘(O) will provide appropriate services for par11 ticipants through the one-stop delivery system as es12 tablished under section 134(c) of the Workforce Invest13 ment Act of 1998 (29 U.S.C. 2864(c)), and will be in14 volved in the planning and operations of such system

15 pursuant to a memorandum of understanding with

16 the local workforce investment board in accordance

17 with section 121(c) of such Act (29 U.S.C. 2841(c));

18 ‘‘(P) will post in such project workplace a notice,

19 and will make available to each person associated

20 with such project a written explanation, clarifying

21 the law with respect to allowable and unallowable po22 litical activities under chapter 15 of title 5, United

23 States Code, applicable to the project and to each cat24 egory of individuals associated with such project and

25 containing the address and telephone number of the
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1 Inspector General of the Department of Labor, to

2 whom questions regarding the application of such

3 chapter may be addressed;

4 ‘‘(Q) will provide to the Secretary the description

5 and information described in paragraphs (8) and

6 (14) of section 112(b) of the Workforce Investment Act

7 of 1998; and

8 ‘‘(R) will ensure that entities carrying out ac9 tivities under the project, including State offices, local

10 offices, subgrantees, subcontractors, or other affiliates

11 of such organization or agency shall receive an

12 amount of the administration cost allocation that is

13 sufficient for the administrative activities under the

14 project to be carried out by such State office, local of15 fice, subgrantee, subcontractor, or other affiliate.

16 ‘‘(2) The Secretary is authorized to establish, issue,

17 and amend such regulations as may be necessary to effec18 tively carry out the provisions of this title.

19 ‘‘(3) The Secretary shall develop alternatives for inno20 vative work modes and provide technical assistance in cre21 ating job opportunities through work sharing and other ex22 perimental methods to labor organizations, groups rep23 resenting business and industry and workers as well as to

24 individual employers, where appropriate.
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1 ‘‘(4)(A) An assessment and service strategy provided

2 for an eligible individual under this title shall satisfy any

3 condition for an assessment and service strategy or indi4 vidual employment plan for an adult participant under

5 subtitle B of title I of the Workforce Investment Act of 1998

6 (29 U.S.C. 2811 et seq.), in order to determine whether such

7 individual qualifies for intensive or training services de8 scribed in section 134(d) of such Act (29 U.S.C. 2864(d)),

9 in accordance with such Act.

10 ‘‘(B) An assessment and service strategy or individual

11 employment plan provided for an adult participant under

12 subtitle B of title I of the Workforce Investment Act of 1998

13 (29 U.S.C. 2811 et seq.) shall satisfy any condition for an

14 assessment and service strategy for an eligible individual

15 under this title.

16 ‘‘(c)(1) The Secretary is authorized to pay a share, but

17 not to exceed 90 percent of the cost of any project which

18 is the subject of an agreement entered into under subsection

19 (b) of this section, except that the Secretary is authorized

20 to pay all of the costs of any such project which is—

21 ‘‘(A) an emergency or disaster project; or

22 ‘‘(B) a project located in an economically de23 pressed area;
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1 as determined by the Secretary in consultation with the

2 Secretary of Commerce and the Secretary of Health and

3 Human Services.

4 ‘‘(2) The non-Federal share shall be in cash or in kind.

5 In determining the amount of the non-Federal share, the

6 Secretary is authorized to attribute fair market value to

7 services and facilities contributed from non-Federal sources.

8 ‘‘(3) Of the amount for any project to be paid by the

9 Secretary under this subsection, not more than 13.5 percent

10 for any fiscal year shall be available for paying the costs

11 of administration for such project, except that—

12 ‘‘(A) whenever the Secretary determines that it is

13 necessary to carry out the project assisted under this

14 title, based on information submitted by the grantee

15 with which the Secretary has an agreement under

16 subsection (b), the Secretary may increase the amount

17 available for paying the cost of administration to an

18 amount not more than 15 percent of the cost of such

19 project; and

20 ‘‘(B) whenever the grantee with which the Sec21 retary has an agreement under subsection (b) dem22 onstrates to the Secretary that—

23 ‘‘(i) major administrative cost increases are

24 being incurred in necessary program compo25 nents, including liability insurance, payments
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1 for workers’ compensation, costs associated with

2 achieving unsubsidized placement goals, and

3 other operation requirements imposed by the Sec4 retary;

5 ‘‘(ii) the number of employment positions in

6 the project or the number of minority eligible in7 dividuals participating in the project will de8 cline if the amount available for paying the cost

9 of administration is not increased; or

10 ‘‘(iii) the size of the project is so small that

11 the amount of administrative expenses incurred

12 to carry out the project necessarily exceeds 13.5

13 percent of the amount for such project;

14 the Secretary shall increase the amount available for

15 the fiscal year for paying the cost of administration

16 to an amount not more than 15 percent of the cost

17 of such project.

18 ‘‘(4) The costs of administration are the costs, both per19 sonnel and non-personnel and both direct and indirect, as20 sociated with the following:

21 ‘‘(A) The costs of performing overall general ad22 ministrative functions and providing for the coordi23 nation of functions, such as—

24 ‘‘(i) accounting, budgeting, financial, and

25 cash management functions;
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1 ‘‘(ii) procurement and purchasing func2 tions;

3 ‘‘(iii) property management functions;

4 ‘‘(iv) personnel management functions;

5 ‘‘(v) payroll functions;

6 ‘‘(vi) coordinating the resolution of findings

7 arising from audits, reviews, investigations, and

8 incident reports;

9 ‘‘(vii) audit functions;

10 ‘‘(viii) general legal services functions; and

11 ‘‘(ix) developing systems and procedures, in12 cluding information systems, required for these

13 administrative functions.

14 ‘‘(B) The costs of performing oversight and mon15 itoring responsibilities related to administrative func16 tions.

17 ‘‘(C) The costs of goods and services required for

18 administrative functions of the program, including

19 goods and services such as rental or purchase of

20 equipment, utilities, office supplies, postage, and rent21 al and maintenance of office space.

22 ‘‘(D) The travel costs incurred for official busi23 ness in carrying out administrative activities or over24 all management.
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1 ‘‘(E) The costs of information systems related to

2 administrative functions (for example, personnel, pro3 curement, purchasing, property management, ac4 counting, and payroll systems) including the pur5 chase, systems development, and operating costs of

6 such systems.

7 ‘‘(5) To the extent practicable, an entity that carries

8 out a project under this title shall provide for the payment

9 of the expenses described in paragraph (4) from non-Federal

10 sources.

11 ‘‘(6)(A) Amounts made available for a project under

12 this title that are not used to pay for the cost of administra13 tion, shall be used to pay for the costs of programmatic ac14 tivities, including—

15 ‘‘(i) enrollee wages and fringe benefits (including

16 physical examinations);

17 ‘‘(ii) enrollee training, which may be provided

18 prior to or subsequent to placement, including the

19 payment of reasonable costs of instructors, classroom

20 rental, training supplies, materials, equipment, and

21 tuition, and which may be provided on the job, in a

22 classroom setting, or pursuant to other appropriate

23 arrangements;

24 ‘‘(iii) job placement assistance, including job de25 velopment and job search assistance;
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1 ‘‘(iv) enrollee supportive services to assist an en2 rollee to successfully participate in a project under

3 this title, including the payment of reasonable costs of

4 transportation, health care and medical services, spe5 cial job-related or personal counseling, incidentals

6 (such as work shoes, badges, uniforms, eyeglasses, and

7 tools), child and adult care, temporary shelter, and

8 followup services; and

9 ‘‘(v) outreach, recruitment and selection, intake,

10 orientation, and assessments.

11 ‘‘(B) Not less than 75 percent of the funds made avail12 able through a grant made under this title shall be used

13 to pay wages and benefits for older individuals who are

14 employed under projects carried out under this title.

15 ‘‘(d) Whenever a grantee conducts a project within a

16 planning and service area in a State, such grantee shall

17 conduct such project in consultation with the area agency

18 on aging of the planning and service area and shall submit

19 to the State agency and the area agency on aging a descrip20 tion of such project to be conducted in the State, including

21 the location of the project, 90 days prior to undertaking

22 the project, for review and public comment according to

23 guidelines the Secretary shall issue to assure efficient and

24 effective coordination of programs under this title.
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1 ‘‘(e)(1) The Secretary, in addition to any other author2 ity contained in this title, shall conduct projects designed

3 to assure second career training and the placement of eligi4 ble individuals in employment opportunities with private

5 business concerns. The Secretary shall enter into such agree6 ments with States, public agencies, nonprofit private orga7 nizations, and private business concerns as may be nec8 essary, to conduct the projects authorized by this subsection

9 to assure that placement and training. The Secretary, from

10 amounts reserved under section 506(a)(1) in any fiscal

11 year, may pay all of the costs of any agreements entered

12 into under the provisions of this subsection. The Secretary

13 shall, to the extent feasible, assure equitable geographic dis14 tribution of projects authorized by this subsection.

15 ‘‘(2) The Secretary shall issue, and amend from time

16 to time, criteria designed to assure that agreements entered

17 into under paragraph (1) of this subsection—

18 ‘‘(A) will involve different kinds of work modes,

19 such as flex-time, job sharing, and other arrangements

20 relating to reduced physical exertion;

21 ‘‘(B) will emphasize projects involving second ca22 reers and job placement and give consideration to

23 placement in growth industries in jobs reflecting new

24 technological skills; and
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1 ‘‘(C) require the coordination of projects carried

2 out under such agreements, with the programs carried

3 out under title I of the Workforce Investment Act of

4 1998.

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

6 evaluations of the activities authorized under this title,

7 which may include but are not limited to projects described

8 in subsection (e).

9 ‘‘SEC. 503. ADMINISTRATION.

10 ‘‘(a) STATE SENIOR EMPLOYMENT SERVICES COORDI11 NATION PLAN.—

12 ‘‘(1) GOVERNOR SUBMITS PLAN.—The Governor

13 of each State shall submit annually to the Secretary

14 a State Senior Employment Services Coordination

15 Plan, containing such provisions as the Secretary

16 may require, consistent with the provisions of this

17 title, including a description of the process used to en18 sure the participation of individuals described in

19 paragraph (2).

20 ‘‘(2) RECOMMENDATIONS.—In developing the

21 State plan prior to its submission to the Secretary,

22 the Governor shall obtain the advice and rec23 ommendations of—

24 ‘‘(A) individuals representing the State and

25 area agencies on aging in the State, and the
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1 State and local workforce investment boards es2 tablished under title I of the Workforce Invest3 ment Act of 1998 (29 U.S.C. 2801 et seq.);

4 ‘‘(B) individuals representing public and

5 private nonprofit agencies and organizations

6 providing employment services, including each

7 grantee operating a project under this title in the

8 State; and

9 ‘‘(C) individuals representing social service

10 organizations providing services to older individ11 uals, grantees under title III of this Act, affected

12 communities, underserved older individuals,

13 community-based organizations serving the needs

14 of older individuals, business organizations, and

15 labor organizations.

16 ‘‘(3) COMMENTS.—Any State plan submitted by

17 a Governor in accordance with paragraph (1) shall be

18 accompanied by copies of public comments relating to

19 the plan received pursuant to paragraph (4) and a

20 summary thereof.

21 ‘‘(4) PLAN PROVISIONS.—The State Senior Em22 ployment Services Coordination Plan shall identify

23 and address—

24 ‘‘(A) the relationship that the number of eli25 gible individuals in each area bears to the total
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1 number of eligible individuals, respectively, in

2 that State;

3 ‘‘(B) the relative distribution of individuals

4 residing in rural and urban areas within the

5 State;

6 ‘‘(C) the relative distribution of—

7 ‘‘(i) eligible individuals who are indi8 viduals with greatest economic need;

9 ‘‘(ii) eligible individuals who are mi10 nority individuals; and

11 ‘‘(iii) eligible individuals who are in12 dividuals with greatest social need;

13 ‘‘(D) consideration of the employment situa14 tions and the type of skills possessed by local eli15 gible individuals;

16 ‘‘(E) the localities and populations for

17 which community service projects of the type au18 thorized by this title are most needed; and

19 ‘‘(F) plans for facilitating the coordination

20 of activities of grantees in the State under this

21 title with activities carried out in the State

22 under title I of the Workforce Investment Act of

23 1998.

24 ‘‘(5) GOVERNOR’S RECOMMENDATIONS ON GRANT

25 PROPOSALS.—Prior to the submission to the Secretary
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1 of any proposal for a grant under this title for any

2 fiscal year, the Governor of each State in which

3 projects are proposed to be conducted under such

4 grant shall be afforded a reasonable opportunity to

5 submit recommendations to the Secretary—

6 ‘‘(A) regarding the anticipated effect of each

7 such proposal upon the overall distribution of en8 rollment positions under this title within the

9 State (including such distribution among urban

10 and rural areas), taking into account the total

11 number of positions to be provided by all grant12 ees within the State;

13 ‘‘(B) any recommendations for redistribu14 tion of positions to under-served areas as vacan15 cies occur in previously encumbered positions in

16 other areas; and

17 ‘‘(C) in the case of any increase in funding

18 that may be available for use within the State

19 under this title for any fiscal year, any rec20 ommendations for distribution of newly available

21 positions in excess of those available during the

22 preceding year to under-served areas.

23 ‘‘(6) DISRUPTIONS.—In developing plans and

24 considering recommendations under this subsection,

25 disruptions in the provision of community service em-
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1 ployment opportunities for current enrollees shall be

2 avoided, to the greatest possible extent.

3 ‘‘(7) DETERMINATION; REVIEW.—

4 ‘‘(A) DETERMINATION.—In order to effec5 tively carry out the provisions of this title, each

6 State shall make available for public comment

7 its senior employment services coordination

8 plan. The Secretary, in consultation with the As9 sistant Secretary, shall review the plan and pub10 lic comments received on the plan, and make a

11 written determination with findings and a deci12 sion regarding the plan.

13 ‘‘(B) REVIEW.—The Secretary may review on

14 the Secretary’s own initiative or at the request of any

15 public or private agency or organization, or an agen16 cy of the State government, the distribution of projects

17 and services under this title within the State includ18 ing the distribution between urban and rural areas

19 within the State. For each proposed reallocation of

20 projects or services within a State, the Secretary shall

21 give notice and opportunity for public comment.

22 ‘‘(8) EXEMPTION.—The grantees serving older

23 American Indians under section 506(a)(3) will not be

24 required to participate in the State planning proc25 esses described in this section but will collaborate with
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1 the Secretary to develop a plan for projects and serv2 ices to older American Indians.

3 ‘‘(b)(1) The Secretary of Labor and the Assistant Sec4 retary shall coordinate the programs under this title and

5 the programs under other titles of this Act to increase job

6 opportunities available to older individuals.

7 ‘‘(2) The Secretary shall coordinate the program as8 sisted under this title with programs authorized under the

9 Workforce Investment Act of 1998, the Community Services

10 Block Grant Act, and the Rehabilitation Act of 1973 (as

11 amended by the Rehabilitation Act Amendments of 1998

12 (29 U.S.C. 701 et seq.)), the Carl D. Perkins Vocational

13 and Technical Education Act of 1998 (20 U.S.C. 2301 et

14 seq.), the National and Community Service Act of 1990 (42

15 U.S.C. 12501 et seq.), and the Domestic Volunteer Service

16 Act of 1973 (42 U.S.C. 4950 et seq.). The Secretary shall

17 coordinate the administration of this title with the adminis18 tration of other titles of this Act by the Assistant Secretary

19 to increase the likelihood that eligible individuals for whom

20 employment opportunities under this title are available and

21 who need services under such titles receive such services. Ap22 propriations under this title shall not be used to carry out

23 any program under the Workforce Investment Act of 1998,

24 the Community Services Block Grant Act, or the Rehabili25 tation Act of 1973 (as amended by the Rehabilitiation Act
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1 Amendments of 1998), the Carl D. Perkins Vocational and

2 Technical Education Act of 1998, the National and Com3 munity Service Act of 1999, or the Domestic Volunteer

4 Service Act of 1973. The preceding sentence shall not be con5 strued to prohibit carrying out projects under this title

6 jointly with programs, projects, or activities under any Act

7 specified in such sentence, or from carrying out section 512.

8 ‘‘(3) The Secretary shall distribute to grantees under

9 this title, for distribution to program enrollees, and at no

10 cost to grantees or enrollees, informational materials devel11 oped and supplied by the Equal Employment Opportunity

12 Commission and other appropriate Federal agencies which

13 the Secretary determines are designed to help enrollees iden14 tify age-discrimination and understand their rights under

15 the Age Discrimination in Employment Act of 1967.

16 ‘‘(c) In carrying out the provisions of this title, the

17 Secretary is authorized to use, with their consent, the serv18 ices, equipment, personnel, and facilities of Federal and

19 other agencies with or without reimbursement, and on a

20 similar basis to cooperate with other public and private

21 agencies and instrumentalities in the use of services, equip22 ment, and facilities.

23 ‘‘(d) Payments under this title may be made in ad24 vance or by way of reimbursement and in such installments

25 as the Secretary may determine.
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1 ‘‘(e) The Secretary shall not delegate any function of

2 the Secretary under this title to any other department or

3 agency of the Federal Government.

4 ‘‘(f)(1) The Secretary shall monitor projects receiving

5 financial assistance under this title to determine whether

6 the grantees are complying with the provisions of and regu7 lations issued under this title, including compliance with

8 the statewide planning, consultation, and coordination pro9 visions under this title.

10 ‘‘(2) Each grantee receiving funds under this title shall

11 comply with the applicable uniform cost principles and ap12 propriate administrative requirements for grants and con13 tracts that are applicable to the type of entity receiving

14 funds, as issued as circulars or rules of the Office of Man15 agement and Budget.

16 ‘‘(3) Each grantee described in paragraph (2) shall

17 prepare and submit a report in such manner and con18 taining such information as the Secretary may require re19 garding activities carried out under this title.

20 ‘‘(4) Each grantee described in paragraph (2) shall

21 keep records that—

22 ‘‘(A) are sufficient to permit the preparation of

23 reports required pursuant to this title;
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1 ‘‘(B) are sufficient to permit the tracing of funds

2 to a level of expenditure adequate to ensure that the

3 funds have not been spent unlawfully; and

4 ‘‘(C) contain any other information that the Sec5 retary determines to be appropriate.

6 ‘‘(g) The Secretary shall establish by regulation and

7 implement a process to evaluate the performance of projects

8 and services, pursuant to section 513, carried out under this

9 title. The Secretary shall report to Congress and make

10 available to the public the results of each such evaluation

11 and use such evaluation to improve services delivered, or

12 the operation of projects carried out under this title.

13 ‘‘SEC. 504. PARTICIPANTS NOT FEDERAL EMPLOYEES.

14 ‘‘(a) Eligible individuals who are employed in any

15 project funded under this title shall not be considered to

16 be Federal employees as a result of such employment and

17 shall not be subject to the provisions of part III of title 5,

18 United States Code.

19 ‘‘(b) No contract shall be entered into under this title

20 with a contractor who is, or whose employees are, under

21 State law, exempted from operation of the State workmen’s

22 compensation law, generally applicable to employees, unless

23 the contractor shall undertake to provide either through in24 surance by a recognized carrier or by self-insurance, as au25 thorized by State law, that the persons employed under the
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1 contract shall enjoy workmen’s compensation coverage equal

2 to that provided by law for covered employment.

3 ‘‘SEC. 505. INTERAGENCY COOPERATION.

4 ‘‘(a) The Secretary shall consult with, and obtain the

5 written views of, the Assistant Secretary for Aging in the

6 Department of Health and Human Services prior to the

7 establishment of rules or the establishment of general policy

8 in the administration of this title.

9 ‘‘(b) The Secretary shall consult and cooperate with

10 the Director of the Office of Community Services, the Sec11 retary of Health and Human Services, and the heads of

12 other Federal agencies carrying out related programs, in

13 order to achieve optimal coordination with such other pro14 grams. In carrying out the provisions of this section, the

15 Secretary shall promote programs or projects of a similar

16 nature. Each Federal agency shall cooperate with the Sec17 retary in disseminating information relating to the avail18 ability of assistance under this title and in promoting the

19 identification and interests of individuals eligible for em20 ployment in projects assisted under this title.

21 ‘‘(c)(1) The Secretary shall promote and coordinate

22 carrying out projects under this title jointly with programs,

23 projects, or activities under other Acts, especially activities

24 provided under the Workforce Investment Act of 1998 (29

25 U.S.C. 2801 et seq.), including activities provided through
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1 one-stop delivery systems established under section 134(c)

2 of such Act (29 U.S.C. 2864(c)), that provide training and

3 employment opportunities to eligible individuals.

4 ‘‘(2) The Secretary shall consult with the Secretary of

5 Education to promote and coordinate carrying out projects

6 under this title jointly with workforce investment activities

7 in which eligible individuals may participate that are car8 ried out under the Carl D. Perkins Vocational and Tech9 nical Education Act of 1998.

10 ‘‘SEC. 506. DISTRIBUTION OF ASSISTANCE.

11 ‘‘(a) RESERVATIONS.—

12 ‘‘(1) RESERVATION FOR PRIVATE EMPLOYMENT

13 PROJECTS.—From sums appropriated under this title

14 for each fiscal year, the Secretary shall first reserve

15 not more than 1.5 percent of the total amount of such

16 sums for the purpose of entering into agreements

17 under section 502(e), relating to improved transition

18 to private employment.

19 ‘‘(2) RESERVATION FOR TERRITORIES.—From

20 sums appropriated under this title for each fiscal

21 year, the Secretary shall reserve 0.75 percent of the

22 total amount of such sums, of which—

23 ‘‘(A) Guam, American Samoa, and the

24 United States Virgin Islands shall each receive

25 30 percent; and
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1 ‘‘(B) the Commonwealth of the Northern

2 Mariana Islands shall receive 10 percent.

3 ‘‘(3) RESERVATION FOR ORGANIZATIONS.—The

4 Secretary shall reserve such sums as may be necessary

5 for national grants with public or nonprofit national

6 Indian aging organizations with the ability to pro7 vide employment services to older Indians and with

8 national public or nonprofit Pacific Island and Asian

9 American aging organizations with the ability to pro10 vide employment to older Pacific Island and Asian

11 Americans.

12 ‘‘(b) STATE ALLOTMENTS.—The allotment for each

13 State shall be the sum of the amounts allotted for national

14 grants in such State under subsection (d) and for the grant

15 to such State under subsection (e).

16 ‘‘(c) DIVISION BETWEEN NATIONAL GRANTS AND

17 GRANTS TO STATES.—From the sums appropriated to

18 carry out this title for any fiscal year that remain after

19 amounts are reserved under paragraphs (1), (2), and (3)

20 of subsection (a), the Secretary shall divide the remainder

21 between national grants and grants to States, as follows:

22 ‘‘(1) RESERVATION OF FUNDS FOR FISCAL YEAR

23 2000 LEVEL OF ACTIVITIES.—The Secretary shall re24 serve the amounts necessary to maintain the fiscal

25 year 2000 level of activities supported by public and
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1 private nonprofit agency and organization grantees

2 that operate under this title under national grants

3 from the Secretary, and the fiscal year 2000 level of

4 activities supported by State grantees under this title,

5 in proportion to their respective fiscal year 2000 lev6 els of activities. In any fiscal year for which the ap7 propriations are insufficient to provide the full

8 amounts so required, then such amounts shall be re9 duced proportionally.

10 ‘‘(2) FUNDING IN EXCESS OF FISCAL YEAR 2000

11 LEVEL OF ACTIVITIES.—

12 ‘‘(A) UP TO $35,000,000.—From the amounts

13 remaining after the application of paragraph

14 (1), the portion of such remaining amounts up

15 to the sum of $35,000,000 shall be divided so

16 that 75 percent shall be provided to State grant17 ees and 25 percent shall be provided to public

18 and private nonprofit agency and organization

19 grantees that operate under this title under na20 tional grants from the Secretary.

21 ‘‘(B) OVER $35,000,000.—Any amounts re22 maining after the application of subparagraph

23 (A) shall be divided so that 50 percent shall be

24 provided to State grantees and 50 percent shall

25 be provided to public and private nonprofit
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1 agency and organization grantees that operate

2 under this title under national grants from the

3 Secretary.

4 ‘‘(d) ALLOTMENTS FOR NATIONAL GRANTS.—From the

5 sums provided for national grants under subsection (c), the

6 Secretary shall allot for public and private nonprofit agen7 cy and organization grantees that operate under this title

8 under national grants from the Secretary in each State, an

9 amount that bears the same ratio to such sums as the prod10 uct of the number of persons aged 55 or over in the State

11 and the allotment percentage of such State bears to the sum

12 of the corresponding product for all States, except as follows:

13 ‘‘(1) MINIMUM ALLOTMENT.—No State shall be

14 provided an amount under this subsection that is less

than 1 15 ⁄2 of 1 percent of the amount provided under

16 subsection (c) for public and private nonprofit agency

17 and organization grantees that operate under this

18 title under national grants from the Secretary in all

19 of the States.

20 ‘‘(2) HOLD HARMLESS.—If the amount provided

21 under subsection (c) is—

22 ‘‘(A) equal to or less than the amount nec23 essary to maintain the fiscal year 2000 level of

24 activities, allotments for public and private non25 profit agency and organization grantees that op-
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1 erate under this title under national grants from

2 the Secretary in each State shall be proportional

3 to their fiscal year 2000 level of activities; and

4 ‘‘(B) greater than the amount necessary to

5 maintain the fiscal year 2000 level of activities,

6 no State shall be provided a percentage increase

7 above the fiscal year 2000 level of activities for

8 public and private nonprofit agency and organi9 zation grantees that operate under this title

10 under national grants from the Secretary in the

11 State that is less than 30 percent of such per12 centage increase above the fiscal year 2000 level

13 of activities for public and private nonprofit

14 agency and organization grantees that operate

15 under this title under national grants from the

16 Secretary in all of the States.

17 ‘‘(3) REDUCTION.—Allotments for States not af18 fected by paragraphs (1) and (2)(B) of this subsection

19 shall be reduced proportionally to satisfy the condi20 tions in such paragraphs.

21 ‘‘(e) ALLOTMENTS FOR GRANTS TO STATES.—From

22 the sums provided for grants to States under subsection (c),

23 the Secretary shall allot for the State grantee in each State

24 an amount that bears the same ratio to such sums as the

25 product of the number of persons aged 55 or over in the
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1 State and the allotment percentage of such State bears to

2 the sum of the corresponding product for all States, except

3 as follows:

4 ‘‘(1) MINIMUM ALLOTMENT.—No State shall be

5 provided an amount under this subsection that is less

than 1 6 ⁄2 of 1 percent of the amount provided under

7 subsection (c) for State grantees in all of the States.

8 ‘‘(2) HOLD HARMLESS.—If the amount provided

9 under subsection (c) is—

10 ‘‘(A) equal to or less than the amount nec11 essary to maintain the fiscal year 2000 level of

12 activities, allotments for State grantees in each

13 State shall be proportional to their fiscal year

14 2000 level of activities; and

15 ‘‘(B) greater than the amount necessary to

16 maintain the fiscal year 2000 level of activities,

17 no State shall be provided a percentage increase

18 above the fiscal year 2000 level of activities for

19 State grantees in the State that is less than 30

20 percent of such percentage increase above the fis21 cal year 2000 level of activities for State grantees

22 in all of the States.

23 ‘‘(3) REDUCTION.—Allotments for States not af24 fected by paragraphs (1) and (2)(B) of this subsection
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1 shall be reduced proportionally to satisfy the condi2 tions in such paragraphs.

3 ‘‘(f) ALLOTMENT PERCENTAGE.—For the purposes of

4 subsections (d) and (e)—

5 ‘‘(1) the allotment percentage of each State shall

6 be 100 percent less than that percentage which bears

7 the same ratio to 50 percent as the per capita income

8 of such State bears to the per capita income of the

9 United States, except that (A) the allotment percent10 age shall in no case be more than 75 percent or less

11 than 33 percent, and (B) the allotment percentage for

12 the District of Columbia and the Commonwealth of

13 Puerto Rico shall be 75 percent;

14 ‘‘(2) the number of persons aged 55 or over in

15 any State and in all States, and the per capita in16 come in any State and in all States, shall be deter17 mined by the Secretary on the basis of the most satis18 factory data available to the Secretary; and

19 ‘‘(3) for the purpose of determining the allotment

20 percentage, the term ‘United States’ means the 50

21 States and the District of Columbia.

22 ‘‘(g) DEFINITIONS.—In this section:

23 ‘‘(1) COST PER AUTHORIZED POSITION.—The

24 term ‘cost per authorized position’ means the sum

25 of—
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1 ‘‘(A) the hourly minimum wage rate speci2 fied in section 6(a)(1) of the Fair Labor Stand3 ards Act of 1938 (29 U.S.C. 206(a)(1)) (as

4 amended), multiplied by the number of hours

5 equal to the product of 21 hours and 52 weeks;

6 ‘‘(B) an amount equal to 11 percent of the

7 amount specified under subparagraph (A), for

8 the purpose of covering Federal payments for

9 fringe benefits; and

10 ‘‘(C) an amount determined by the Sec11 retary, for the purpose of covering Federal pay12 ments for the remainder of all other program

13 and administrative costs.

14 ‘‘(2) FISCAL YEAR 2000 LEVEL OF ACTIVITIES.—

15 The term ‘fiscal year 2000 level of activities’ means—

16 ‘‘(A) with respect to public and private

17 nonprofit agency and organization grantees that

18 operate under this title under national grants

19 from the Secretary, their level of activities for

20 fiscal year 2000, or the amount remaining after

21 the application of section 514(e); and

22 ‘‘(B) with respect to State grantees, their

23 level of activities for fiscal year 2000, or the

24 amount remaining after the application of sec25 tion 514(f).
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1 ‘‘(3) GRANTS TO STATES.—The term ‘grants to

2 States’ means grants under this title to the States

3 from the Secretary.

4 ‘‘(4) LEVEL OF ACTIVITIES.—The term ‘level of

5 activities’ means the number of authorized positions

6 multiplied by the cost per authorized position.

7 ‘‘(5) NATIONAL GRANTS.—The term ‘national

8 grants’ means grants to public and private nonprofit

9 agency and organization grantees that operate under

10 this title under national grants from the Secretary.

11 ‘‘(6) STATE.—The term ‘State’ does not include

12 Guam, American Samoa, the Commonwealth of the

13 Northern Mariana Islands, and the United States

14 Virgin Islands.

15 ‘‘SEC. 507. EQUITABLE DISTRIBUTION.

16 ‘‘(a) INTERSTATE ALLOCATION.—The Secretary, in

17 awarding grants and contracts under section 506, shall, to

18 the extent feasible, assure an equitable distribution of ac19 tivities under such grants and contracts, in the aggregate,

20 among the States, taking into account the needs of under21 served States.

22 ‘‘(b) INTRASTATE ALLOCATION.—The amount allo23 cated for projects within each State under section 506 shall

24 be allocated among areas within the State in an equitable
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1 manner, taking into consideration the State priorities set

2 out in the State plan pursuant to section 503(a).

3 ‘‘SEC. 508. REPORT.

4 ‘‘In order to carry out the Secretary’s responsibilities

5 for reporting in section 503(g), the Secretary shall require

6 the State agency for each State receiving funds under this

7 title to prepare and submit a report at the beginning of

8 each fiscal year on such State’s compliance with section

9 507(b). Such report shall include the names and geographic

10 location of all projects assisted under this title and carried

11 out in the State and the amount allocated to each such

12 project under section 506.

13 ‘‘SEC. 509. EMPLOYMENT ASSISTANCE AND FEDERAL HOUS14 ING AND FOOD STAMP PROGRAMS.

15 ‘‘Funds received by eligible individuals from projects

16 carried out under the program established in this title shall

17 not be considered to be income of such individuals for pur18 poses of determining the eligibility of such individuals, or

19 of any other persons, to participate in any housing pro20 gram for which Federal funds may be available or for any

21 income determination under the Food Stamp Act of 1977.

22 ‘‘SEC. 510. ELIGIBILITY FOR WORKFORCE INVESTMENT AC23 TIVITIES.

24 ‘‘Eligible individuals under this title may be deemed

25 by local workforce investment boards established under title
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1 I of the Workforce Investment Act of 1998 to satisfy the

2 requirements for receiving services under such title that are

3 applicable to adults.

4 ‘‘SEC. 511. TREATMENT OF ASSISTANCE.

5 ‘‘Assistance furnished under this title shall not be con6 strued to be financial assistance described in section

7 245A(h)(1)(A) of the Immigration and Nationality Act (8

8 U.S.C. 1255A(h)(1)(A)).

9 ‘‘SEC. 512. COORDINATION WITH THE WORKFORCE INVEST10 MENT ACT OF 1998.

11 ‘‘(a) PARTNERS.—Grantees under this title shall be

12 one-stop partners as described in subparagraphs (A) and

13 (B)(vi) of section 121(b)(1) of the Workforce Investment Act

14 of 1998 (29 U.S.C. 2841(b)(1)) in the one-stop delivery sys15 tem established under section 134(c) of such Act (29 U.S.C.

16 2864(c)) for the appropriate local workforce investment

17 areas, and shall carry out the responsibilities relating to

18 such partners.

19 ‘‘(b) COORDINATION.—In local workforce investment

20 areas where more than 1 grantee under this title provides

21 services, the grantees shall coordinate their activities related

22 to the one-stop delivery system, and grantees shall be sig23 natories of the memorandum of understanding established

24 under section 121(c) of the Workforce Investment Act of

25 1998 (29 U.S.C. 2841(c)).
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1 ‘‘SEC. 513. PERFORMANCE.

2 ‘‘(a) MEASURES.—

3 ‘‘(1) ESTABLISHMENT OF MEASURES.—The Sec4 retary shall establish, in consultation with grantees,

5 subgrantees, and host agencies under this title, States,

6 older individuals, area agencies on aging, and other

7 organizations serving older individuals, performance

8 measures for each grantee for projects and services

9 carried out under this title.

10 ‘‘(2) CONTENT.—

11 ‘‘(A) COMPOSITION OF MEASURES.—The

12 performance measures as established by the Sec13 retary and described in paragraph (1) shall con14 sist of indicators of performance and levels of

15 performance applicable to each indicator. The

16 measures shall be designed to promote continuous

17 improvement in performance.

18 ‘‘(B) ADJUSTMENT.—The levels of perform19 ance described in subparagraph (A) applicable to

20 a grantee shall be adjusted only with respect to

21 the following factors:

22 ‘‘(i) High rates of unemployment, pov23 erty, or welfare recipiency in the areas

24 served by a grantee, relative to other areas

25 of the State or Nation.
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1 ‘‘(ii) Significant downturns in the

2 areas served by the grantee or in the na3 tional economy.

4 ‘‘(iii) Significant numbers or propor5 tions of enrollees with 1 or more barriers to

6 employment served by a grantee relative to

7 grantees serving other areas of the State or

8 Nation.

9 ‘‘(C) PLACEMENT.—For all grantees, the

10 Secretary shall establish a measure of perform11 ance of not less than 20 percent (adjusted in ac12 cordance with subparagraph (B)) for placement

13 of enrollees into unsubsidized public or private

14 employment as defined in subsection (c)(2).

15 ‘‘(3) PERFORMANCE EVALUATION OF PUBLIC OR

16 PRIVATE NONPROFIT AGENCIES AND ORGANIZA17 TIONS.—The Secretary shall annually establish na18 tional performance measures for each public or pri19 vate nonprofit agency or organization that is a grant20 ee under this title, which shall be applicable to the

21 grantee without regard to whether such grantee oper22 ates the program directly or through contracts,

23 grants, or agreements with other entities. The per24 formance of the grantees with respect to such meas25 ures shall be evaluated in accordance with section
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1 514(e)(1) regarding performance of the grantees on a

2 national basis, and in accordance with section

3 514(e)(3) regarding the performance of the grantees in

4 each State.

5 ‘‘(4) PERFORMANCE EVALUATION OF STATES.—

6 The Secretary shall annually establish performance

7 measures for each State that is a grantee under this

8 title, which shall be applicable to the State grantee

9 without regard to whether such grantee operates the

10 program directly or through contracts, grants, or

11 agreements with other entities. The performance of the

12 State grantees with respect to such measures shall be

13 evaluated in accordance with section 514(f).

14 ‘‘(5) LIMITATION.—An agreement to be evaluated

15 on the performance measures shall be a requirement

16 for application for, and a condition of, all grants au17 thorized by this title.

18 ‘‘(b) REQUIRED INDICATORS.—The indicators de19 scribed in subsection (a) shall include—

20 ‘‘(1) the number of persons served, with par21 ticular consideration given to individuals with great22 est economic need, greatest social need, or poor em23 ployment history or prospects, and individuals who

24 are over the age of 60;

25 ‘‘(2) community services provided;
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1 ‘‘(3) placement into and retention in unsub2 sidized public or private employment;

3 ‘‘(4) satisfaction of the enrollees, employers, and

4 their host agencies with their experiences and the

5 services provided; and

6 ‘‘(5) any additional indicators of performance

7 that the Secretary determines to be appropriate to

8 evaluate services and performance.

9 ‘‘(c) DEFINITIONS OF INDICATORS.—

10 ‘‘(1) IN GENERAL.—The Secretary, after con11 sultation with national and State grantees, represent12 atives of business and labor organizations, and pro13 viders of services, shall, by regulation, issue defini14 tions of the indicators of performance described in

15 subsection (b).

16 ‘‘(2) DEFINITIONS OF CERTAIN TERMS.—In this

17 section:

18 ‘‘(A) PLACEMENT INTO PUBLIC OR PRIVATE

19 UNSUBSIDIZED EMPLOYMENT.—The term ‘place20 ment into public or private unsubsidized em21 ployment’ means full- or part-time paid employ22 ment in the public or private sector by an en23 rollee under this title for 30 days within a 90-

24 day period without the use of funds under this

25 title or any other Federal or State employment
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1 subsidy program, or the equivalent of such em2 ployment as measured by the earnings of an en3 rollee through the use of wage records or other

4 appropriate methods.

5 ‘‘(B) RETENTION IN PUBLIC OR PRIVATE

6 UNSUBSIDIZED EMPLOYMENT.—The term ‘reten7 tion in public or private unsubsidized employ8 ment’ means full- or part-time paid employment

9 in the public or private sector by an enrollee

10 under this title for 6 months after the starting

11 date of placement into unsubsidized employment

12 without the use of funds under this title or any

13 other Federal or State employment subsidy pro14 gram.

15 ‘‘(d) CORRECTIVE EFFORTS.—A State or other grantee

16 that does not achieve the established levels of performance

17 on the performance measures shall submit to the Secretary,

18 for approval, a plan of correction as described in subsection

19 (e) or (f) of section 514 to achieve the established levels of

20 performance.

21 ‘‘SEC. 514. COMPETITIVE REQUIREMENTS RELATING TO

22 GRANT AWARDS.

23 ‘‘(a) PROGRAM AUTHORIZED.—In accordance with

24 section 502(b), the Secretary shall award grants to eligible

25 applicants to carry out projects under this title for a period
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1 of 1 year, except that, after the promulgation of regulations

2 for this title and the establishment of the performance meas3 ures required by section 513(a), the Secretary shall award

4 grants for a period of not to exceed 3 years.

5 ‘‘(b) ELIGIBLE APPLICANTS.—An applicant shall be

6 eligible to receive a grant under subsection (a) in accord7 ance with section 502(b)(1), and subsections (c) and (d).

8 ‘‘(c) CRITERIA.—The Secretary shall select the eligible

9 applicants to receive grants under subsection (a) based on

10 the following:

11 ‘‘(1) The applicant’s ability to administer a pro12 gram that serves the greatest number of eligible indi13 viduals, giving particular consideration to individ14 uals with greatest economic need, greatest social need,

15 poor employment history or prospects, and over the

16 age of 60.

17 ‘‘(2) The applicant’s ability to administer a pro18 gram that provides employment for eligible individ19 uals in the communities in which such individuals re20 side, or in nearby communities, that will contribute

21 to the general welfare of the community.

22 ‘‘(3) The applicant’s ability to administer a pro23 gram that moves eligible individuals into unsub24 sidized employment.
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1 ‘‘(4) The applicant’s ability to move individuals

2 with multiple barriers to employment into unsub3 sidized employment.

4 ‘‘(5) The applicant’s ability to coordinate with

5 other organizations at the State and local level.

6 ‘‘(6) The applicant’s plan for fiscal management

7 of the program to be administered with funds received

8 under this section.

9 ‘‘(7) Any additional criteria that the Secretary

10 deems appropriate in order to minimize disruption

11 for current enrollees.

12 ‘‘(d) RESPONSIBILITY TESTS.—

13 ‘‘(1) IN GENERAL.—Before final selection of a

14 grantee, the Secretary shall conduct a review of avail15 able records to assess the applicant agency or State’s

16 overall responsibility to administer Federal funds.

17 ‘‘(2) REVIEW.—As part of the review described

18 in paragraph (1), the Secretary may consider any in19 formation, including the organization’s history with

20 regard to the management of other grants.

21 ‘‘(3) FAILURE TO SATISFY TEST.—The failure to

22 satisfy any 1 responsibility test that is listed in para23 graph (4), except for those listed in subparagraphs

24 (A) and (B) of such paragraph, does not establish

25 that the organization is not responsible unless such
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1 failure is substantial or persistent (for 2 or more con2 secutive years).

3 ‘‘(4) TEST.—The responsibility tests include re4 view of the following factors:

5 ‘‘(A) Efforts by the organization to recover

6 debts, after 3 demand letters have been sent, that

7 are established by final agency action and have

8 been unsuccessful, or that there has been failure

9 to comply with an approved repayment plan.

10 ‘‘(B) Established fraud or criminal activity

11 of a significant nature within the organization.

12 ‘‘(C) Serious administrative deficiencies

13 identified by the Secretary, such as failure to

14 maintain a financial management system as re15 quired by Federal regulations.

16 ‘‘(D) Willful obstruction of the audit proc17 ess.

18 ‘‘(E) Failure to provide services to appli19 cants as agreed to in a current or recent grant

20 or to meet applicable performance measures.

21 ‘‘(F) Failure to correct deficiencies brought

22 to the grantee’s attention in writing as a result

23 of monitoring activities, reviews, assessments, or

24 other activities.
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1 ‘‘(G) Failure to return a grant closeout

2 package or outstanding advances within 90 days

3 of the grant expiration date or receipt of closeout

4 package, whichever is later, unless an extension

5 has been requested and granted.

6 ‘‘(H) Failure to submit required reports.

7 ‘‘(I) Failure to properly report and dispose

8 of government property as instructed by the Sec9 retary.

10 ‘‘(J) Failure to have maintained effective

11 cash management or cost controls resulting in

12 excess cash on hand.

13 ‘‘(K) Failure to ensure that a subrecipient

14 complies with its Office of Management and

15 Budget Circular A–133 audit requirements spec16 ified at section 667.200(b) of title 20, Code of

17 Federal Regulations.

18 ‘‘(L) Failure to audit a subrecipient within

19 the required period.

20 ‘‘(M) Final disallowed costs in excess of 5

21 percent of the grant or contract award if, in the

22 judgment of the grant officer, the disallowances

23 are egregious findings.
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1 ‘‘(N) Failure to establish a mechanism to

2 resolve a subrecipient’s audit in a timely fash3 ion.

4 ‘‘(5) DETERMINATION.—Applicants that are de5 termined to be not responsible shall not be selected as

6 grantee.

7 ‘‘(6) DISALLOWED COSTS.—Interest on dis8 allowed costs shall accrue in accordance with the Debt

9 Collection Improvement Act of 1996.

10 ‘‘(e) NATIONAL PERFORMANCE MEASURES AND COM11 PETITION FOR PUBLIC AND PRIVATE NONPROFIT AGENCIES

12 AND ORGANIZATIONS.—

13 ‘‘(1) IN GENERAL.—Not later than 120 days

14 after the end of each program year, the Secretary

15 shall determine if each public or private nonprofit

16 agency or organization that is a grantee has met the

17 national performance measures established pursuant

18 to section 513(a)(3).

19 ‘‘(2) TECHNICAL ASSISTANCE AND CORRECTIVE

20 ACTION PLAN.—

21 ‘‘(A) IN GENERAL.—If the Secretary deter22 mines that a grantee fails to meet the national

23 performance measures for a program year, the

24 Secretary shall provide technical assistance and

25 require such organization to submit a corrective
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1 action plan not later than 160 days after the end

2 of the program year.

3 ‘‘(B) CONTENT.—The plan submitted under

4 subparagraph (A) shall detail the steps the

5 grantee will take to meet the national perform6 ance measures in the next program year.

7 ‘‘(C) AFTER SECOND YEAR OF FAILURE.—If

8 a grantee fails to meet the national performance

9 measures for a second consecutive program year,

10 the Secretary shall conduct a national competi11 tion to award, for the first full program year fol12 lowing the determination (minimizing, to the ex13 tent possible, the disruption of services provided

14 to enrollees), an amount equal to 25 percent of

15 the funds awarded to the grantee for such year.

16 ‘‘(D) COMPETITION AFTER THIRD CONSECU17 TIVE YEAR OF FAILURE.—If a grantee fails to

18 meet the national performance measures for a

19 third consecutive program year, the Secretary

20 shall conduct a national competition to award

21 the amount of the grant remaining after deduc22 tion of the portion specified in subparagraph (C)

23 for the first full program year following the de24 termination. The eligible applicant that receives

25 the grant through the national competition shall
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1 continue service to the geographic areas formerly

2 served by the grantee that previously received the

3 grant.

4 ‘‘(3) COMPETITION REQUIREMENTS FOR PUBLIC

5 AND PRIVATE NONPROFIT AGENCIES AND ORGANIZA6 TIONS IN A STATE.—

7 ‘‘(A) IN GENERAL.—In addition to the ac8 tions required under paragraph (2), the Sec9 retary shall take corrective action if the Sec10 retary determines at the end of any program

11 year that, despite meeting the established na12 tional performance measures, a public or private

13 nonprofit agency or organization that is a grant14 ee has attained levels of performance 20 percent

15 or more below the national performance meas16 ures with respect to the project carried out in a

17 State and has failed to meet the performance

18 measures as established by the Secretary for the

19 State grantee in such State, and there are not

20 factors, such as the factors described in section

21 513(a)(2)(B), or size of the project, that justify

22 the performance.

23 ‘‘(B) FIRST YEAR OF FAILURE.—After the

24 first program year of failure to meet the per25 formance criteria described in subparagraph (A),
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1 the Secretary shall require a corrective action

2 plan, and may require the transfer of the respon3 sibility for the project to other grantees, provide

4 technical assistance, and take other appropriate

5 actions.

6 ‘‘(C) SECOND YEAR OF FAILURE.—After the

7 second consecutive program year of failure to

8 meet the performance criteria described in sub9 paragraph (A), the corrective actions to be taken

10 by the Secretary may include the transfer of the

11 responsibility for a portion or all of the project

12 to a State or public or private nonprofit agency

13 or organization, or a competition for a portion

14 or all of the funds to carry out such project

15 among all eligible entities that meet the responsi16 bility tests under section 514(d) except for the

17 grantee that is the subject of the corrective ac18 tion.

19 ‘‘(D) THIRD YEAR OF FAILURE.—After the

20 third consecutive program year of failure to meet

21 the performance criteria described in subpara22 graph (A), the Secretary shall conduct a com23 petition for the funds to carry out such project

24 among all eligible entities that meet the responsi25 bility tests under section 514(d) except for the
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1 grantee that is the subject of the corrective ac2 tion.

3 ‘‘(4) REQUEST BY GOVERNOR.—Upon the request

4 of the Governor of a State for a review of the perform5 ance of a national grantee within the State, the Sec6 retary shall undertake such a review in accordance

7 with the criteria described in paragraph (3)(A). If the

8 performance of such grantee is not justified under

9 such criteria, the Secretary shall take corrective ac10 tion in accordance with paragraph (3).

11 ‘‘(f) PERFORMANCE MEASURES AND COMPETITION FOR

12 STATES.—

13 ‘‘(1) IN GENERAL.—Not later than 120 days

14 after the end of the program year, the Secretary shall

15 determine if a State grantee has met the performance

16 measures established pursuant to section 513(a)(4).

17 ‘‘(2) TECHNICAL ASSISTANCE AND CORRECTIVE

18 ACTION PLAN.—If a State that receives a grant fails

19 to meet the performance measures for a program year,

20 the Secretary shall provide technical assistance and

21 require the State to submit a corrective action plan

22 not later than 160 days after the end of the program

23 year.
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1 ‘‘(3) CONTENT.—The plan described in para2 graph (2) shall detail the steps the State will take to

3 meet the standards.

4 ‘‘(4) FAILURE TO MEET PERFORMANCE MEAS5 URES FOR SECOND AND THIRD YEARS.—

6 ‘‘(A) AFTER SECOND YEAR OF FAILURE.—If

7 a State fails to meet the performance measures

8 for a second consecutive program year, the Sec9 retary shall provide for the conduct by the State

10 of a competition to award, for the first full pro11 gram year following the determination (mini12 mizing, to the extent possible, the disruption of

13 services provided to enrollees), an amount equal

14 to 25 percent of the funds available to the State

15 for such year.

16 ‘‘(B) AFTER THIRD YEAR OF FAILURE.—If

17 the State fails to meet the performance measures

18 for a third consecutive program year, the Sec19 retary shall provide for the conduct by the State

20 of a competition to award the funds allocated to

21 the State for the first full program year fol22 lowing the Secretary’s determination that the

23 State has not met the performance measures.
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1 ‘‘SEC. 515. AUTHORIZATION OF APPROPRIATIONS.

2 ‘‘(a) There is authorized to be appropriated to carry

3 out this title—

4 ‘‘(1) $500,000,000 for fiscal year 2001 and such

5 sums as may be necessary for fiscal year 2002

6 through 2005; and

7 ‘‘(2) such additional sums as may be necessary

8 for each such fiscal year to enable the Secretary,

9 through programs under this title, to provide for at

10 least 70,000 part-time employment positions for eligi11 ble individuals.

12 For purposes of paragraph (2), ‘part-time employment po13 sition’ means an employment position within a workweek

14 of at least 20 hours.

15 ‘‘(b) Amounts appropriated under this section for any

16 fiscal year shall be available for obligation during the an17 nual period which begins on July 1 of the calendar year

18 immediately following the beginning of such fiscal year and

19 which ends on June 30 of the following calendar year. The

20 Secretary may extend the period during which such

21 amounts may be obligated or expended in the case of a par22 ticular organization or agency receiving funds under this

23 title if the Secretary determines that such extension is nec24 essary to ensure the effective use of such funds by such orga25 nization or agency.
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1 ‘‘(c) At the end of the program year, the Secretary may

2 recapture any unexpended funds for the program year, and

3 reobligate such funds within the 2 succeeding program years

4 for—

5 ‘‘(1) incentive grants;

6 ‘‘(2) technical assistance; or

7 ‘‘(3) grants or contracts for any other program

8 under this title.

9 ‘‘SEC. 516. DEFINITIONS.

10 ‘‘In this title:

11 ‘‘(1) COMMUNITY SERVICE.—The term ‘commu12 nity service’ means social, health, welfare, and edu13 cational services (including literacy tutoring), legal

14 and other counseling services and assistance, includ15 ing tax counseling and assistance and financial coun16 seling, and library, recreational, and other similar

17 services; conservation, maintenance, or restoration of

18 natural resources; community betterment or beautifi19 cation; antipollution and environmental quality ef20 forts; weatherization activities; economic development;

21 and such other services essential and necessary to the

22 community as the Secretary, by regulation, may pre23 scribe.

24 ‘‘(2) ELIGIBLE INDIVIDUALS.—The term ‘eligible

25 individuals’ means an individual who is 55 years old
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1 or older, who has a low income (including any such

2 individual whose income is not more than 125 per3 cent of the poverty guidelines established by the Office

4 of Management and Budget), except that, pursuant to

5 regulations prescribed by the Secretary, any such in6 dividual who is 60 years old or older shall have pri7 ority for the work opportunities provided for under

8 this title.

9 ‘‘(3) PACIFIC ISLAND AND ASIAN AMERICANS.—

10 The term ‘Pacific Island and Asian Americans’

11 means Americans having origins in any of the origi12 nal peoples of the Far East, Southeast Asia, the In13 dian Subcontinent, or the Pacific Islands.

14 ‘‘(4) PROGRAM.—The term ‘program’ means the

15 older American community service employment pro16 gram established under this title.’’.

17 TITLE VI—AMENDMENTS TO

18 TITLE VI OF THE OLDER

19 AMERICANS ACT OF 1965

20 SEC. 601. ELIGIBILITY.

21 Section 612 of the Older Americans Act of 1965 (42

22 U.S.C. 3057c) is amended—

23 (1) by redesignating subsection (b) as subsection

24 (c); and
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1 (2) by inserting after subsection (a) the fol2 lowing:

3 ‘‘(b) An Indian tribe represented by an organization

4 specified in subsection (a) shall be eligible for only 1 grant

5 under this part for any fiscal year. Nothing in this sub6 section shall preclude an Indian tribe represented by an or7 ganization specified in subsection (a) from receiving a

8 grant under section 631.’’.

9 SEC. 602. APPLICATIONS.

10 Section 614 of the Older Americans Act of 1965 (42

11 U.S.C. 3057e) is amended—

12 (1) in subsection (b), by striking ‘‘certification’’

13 and inserting ‘‘approval’’; and

14 (2) in subsection (c)—

15 (A) by inserting ‘‘(1)’’ after ‘‘(c)’’; and

16 (B) by adding at the end the following:

17 ‘‘(2) The Assistant Secretary shall provide waivers and

18 exemptions of the reporting requirements of subsection

19 (a)(3) for applicants that serve Indian populations in geo20 graphically isolated areas, or applicants that serve small

21 Indian populations, where the small scale of the project, the

22 nature of the applicant, or other factors make the reporting

23 requirements unreasonable under the circumstances. The

24 Assistant Secretary shall consult with such applicants in

25 establishing appropriate waivers and exemptions.
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1 ‘‘(3) The Assistant Secretary shall approve any appli2 cation that complies with the provisions of subsection (a),

3 except that in determining whether an application complies

4 with the requirements of subsection (a)(8), the Assistant

5 Secretary shall provide maximum flexibility to an appli6 cant that seeks to take into account subsistence needs, local

7 customs, and other characteristics that are appropriate to

8 the unique cultural, regional, and geographic needs of the

9 Indian populations to be served.

10 ‘‘(4) In determining whether an application complies

11 with the requirements of subsection (a)(12), the Assistant

12 Secretary shall require only that an applicant provide an

13 appropriate narrative description of the geographic area to

14 be served and an assurance that procedures will be adopted

15 to ensure against duplicate services being provided to the

16 same recipients.’’.

17 SEC. 603. AUTHORIZATION OF APPROPRIATIONS.

18 Section 633 of the Older Americans Act of 1965 (42

19 U.S.C. 3057n) is amended to read as follows:

20 ‘‘SEC. 633. AUTHORIZATION OF APPROPRIATIONS.

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

22 this title—

23 ‘‘(1) for parts A and B, $30,000,000 for fiscal

24 year 2001, and such sums as may be necessary for

25 subsequent fiscal years; and
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1 ‘‘(2) for part C, $5,000,000 for fiscal year 2001,

2 and such sums as may be necessary for subsequent fis3 cal years.’’.

4 SEC. 604. GENERAL PROVISIONS.

5 Title VI of the Older Americans Act of 1965 (42 U.S.C.

6 3057 et seq.) is amended—

7 (1) by redesignating part C as part D;

8 (2) by redesignating sections 631 through 633 as

9 sections 641 through 643, respectively;

10 (3) by inserting after part B the following:

11 ‘‘PART C—NATIVE AMERICAN CAREGIVER

12 SUPPORT PROGRAM

13 ‘‘SEC. 631. PROGRAM.

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

15 carry out a program for making grants to tribal organiza16 tions with applications approved under parts A and B, to

17 pay for the Federal share of carrying out tribal programs,

18 to enable the tribal organizations to provide multifaceted

19 systems of the support services described in section 373 for

20 caregivers described in section 373.

21 ‘‘(b) REQUIREMENTS.—In providing services under

22 subsection (a), a tribal organization shall meet the require23 ments specified for an area agency on aging and for a State

24 in the provisions of subsections (c), (d), and (e) of section

25 373 and of section 374. For purposes of this subsection, ref-
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1 erences in such provisions to a State program shall be con2 sidered to be references to a tribal program under this

3 part.’’.

4 TITLE VII—AMENDMENTS TO

5 TITLE VII OF THE OLDER

6 AMERICANS ACT OF 1965

7 SEC. 701. AUTHORIZATION OF APPROPRIATIONS.

8 Section 702 of the Older Americans Act of 1965 (42

9 U.S.C. 3058a) is amended to read as follows:

10 ‘‘SEC. 702. AUTHORIZATION OF APPROPRIATIONS.

11 ‘‘(a) OMBUDSMAN PROGRAM.—There are authorized to

12 be appropriated to carry out chapter 2, $40,000,000 for fis13 cal year 2001, and such sums as may be necessary for subse14 quent fiscal years.

15 ‘‘(b) PREVENTION OF ELDER ABUSE, NEGLECT, AND

16 EXPLOITATION.—There are authorized to be appropriated

17 to carry out chapter 3, $15,000,000 for fiscal year 2001,

18 and such sums as may be necessary for subsequent fiscal

19 years.

20 ‘‘(c) LEGAL ASSISTANCE DEVELOPMENT PROGRAM.—

21 There are authorized to be appropriated to carry out chap22 ter 4, $10,000,000 for fiscal year 2001, and such sums as

23 may be necessary for subsequent fiscal years.
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1 SEC. 702. ALLOTMENT.

2 Section 703(a)(2)(C) of the Older Americans Act of

3 1965 (42 U.S.C. 3058b(a)(2)(C)) is amended by striking

4 ‘‘1991’’ each place it appears and inserting ‘‘2000’’.

5 SEC. 703. ADDITIONAL STATE PLAN REQUIREMENTS.

6 Section 705(a) of the Older Americans Act of 1965 (42

7 U.S.C. 3058d(a)) is amended—

8 (1) in paragraph (4), by inserting ‘‘each of’’

9 after ‘‘carry out’’;

10 (2) in paragraph (6)(C)(iii), by striking the

11 semicolon and inserting ‘‘; and’’;

12 (3) by striking paragraph (7);

13 (4) by redesignating paragraph (8) as para14 graph (7); and

15 (5) in paragraph (7) (as redesignated by para16 graph (3)), by striking ‘‘paragraphs (1) through (7)’’

17 and inserting ‘‘paragraphs (1) through (6)’’.

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

19 Section 712 of the Older Americans Act of 1965 (42

20 U.S.C. 3058g) is amended—

21 (1) in subsection (a), in paragraph (5)(C)(ii), by

22 inserting ‘‘and not stand to gain financially through

23 an action or potential action brought on behalf of in24 dividuals the Ombudsman serves’’ after ‘‘interest’’;

25 and

26 (2) in subsection (h)—
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1 (A) in paragraph (4)—

2 (i) in subparagraph (A)—

3 (I) by striking ‘‘(A) not later than

4 1 year after the date of enactment of

5 this title, establish’’ and inserting

6 ‘‘strengthen and update’’; and

7 (II) in clause (iii), by striking

8 ‘‘and’’;

9 (ii) by striking subparagraph (B);

10 (iii) by redesignating clauses (i)

11 through (iii) as subparagraphs (A) through

12 (C), respectively; and

13 (iv) by redesignating subclauses (I)

14 through (III) as clauses (i) through (iii), re15 spectively;

16 (B) in paragraph (7), by striking ‘‘; and’’

17 and inserting a semicolon;

18 (C) by redesignating paragraph (8) as

19 paragraph (9); and

20 (D) by inserting after paragraph (7) the fol21 lowing:

22 ‘‘(8) coordinate services with State and local law

23 enforcement agencies and courts of competent jurisdic24 tion; and’’.
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1 SEC. 705. PREVENTION OF ELDER ABUSE, NEGLECT, AND

2 EXPLOITATION.

3 Section 721 of the Older Americans Act of 1965 (42

4 U.S.C. 3058i) is amended—

5 (1) in subsection (b)—

6 (A) in the matter preceding paragraph (1),

7 by inserting ‘‘(including financial exploitation)’’

8 after ‘‘exploitation’’;

9 (B) in paragraph (2), by inserting ‘‘, State

10 and local law enforcement systems, and courts of

11 competent jurisdiction’’ after ‘‘service program’’;

12 and

13 (C) in paragraph (5), by inserting ‘‘includ14 ing caregivers described in part E of title III,’’

15 after ‘‘individuals,’’;

16 (2) in subsection (d)(8)—

17 (A) by inserting ‘‘State and local’’ after

18 ‘‘consumer protection and’’; and

19 (B) by inserting ‘‘, and services provided by

20 agencies and courts of competent jurisdiction’’

21 before the period; and

22 (3) by adding at the end the following:

23 ‘‘(g) STUDY AND REPORT.—

24 ‘‘(1) STUDY.—The Secretary, in consultation

25 with the Department of the Treasury and the Attor26 ney General of the United States, State attorneys gen-
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1 eral, and tribal and local prosecutors, shall conduct

2 a study of the nature and extent of financial exploi3 tation of older individuals. The purpose of this study

4 would be to define and describe the scope of the prob5 lem of financial exploitation of the elderly and to pro6 vide an estimate of the number and type of financial

7 transactions considered to constitute financial exploi8 tation faced by older individuals. The study shall also

9 examine the adequacy of current Federal and State

10 legal protections to prevent such exploitation.

11 ‘‘(2) REPORT.—Not later than 18 months after

12 the date of enactment of the Older Americans Act

13 Amendments of 2000, the Secretary shall submit to

14 Congress a report, which shall include—

15 ‘‘(A) the results of the study conducted

16 under this subsection; and

17 ‘‘(B) recommendations for future actions to

18 combat the financial exploitation of older indi19 viduals.’’.

20 SEC. 706. ASSISTANCE PROGRAMS.

21 Subtitle A of title VII of the Older Americans Act of

22 1965 (42 U.S.C 3058 et seq.) is amended by repealing chap23 ters 4 and 5 and inserting the following:
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1 ‘‘CHAPTER 4—STATE LEGAL ASSISTANCE

2 DEVELOPMENT PROGRAM

3 ‘‘SEC. 731. STATE LEGAL ASSISTANCE DEVELOPMENT.

4 ‘‘A State agency shall provide the services of an indi5 vidual who shall be known as a State legal assistance devel6 oper, and the services of other personnel, sufficient to

7 ensure—

8 ‘‘(1) State leadership in securing and maintain9 ing the legal rights of older individuals;

10 ‘‘(2) State capacity for coordinating the provi11 sion of legal assistance;

12 ‘‘(3) State capacity to provide technical assist13 ance, training, and other supportive functions to area

14 agencies on aging, legal assistance providers, ombuds15 men, and other persons, as appropriate;

16 ‘‘(4) State capacity to promote financial man17 agement services to older individuals at risk of con18 servatorship;

19 ‘‘(5) State capacity to assist older individuals in

20 understanding their rights, exercising choices, bene21 fiting from services and opportunities authorized by

22 law, and maintaining the rights of older individuals

23 at risk of guardianship; and
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1 ‘‘(6) State capacity to improve the quality and

2 quantity of legal services provided to older individ3 uals.’’.

4 SEC. 707. NATIVE AMERICAN PROGRAMS.

5 Section 751(d) of the Older Americans Act of 1965 (42

6 U.S.C. 3058aa(d)) is amended to read as follows:

7 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There

8 are authorized to be appropriated to carry out this section

9 $5,000,000 for fiscal year 2001, and such sums as may be

10 necessary for subsequent fiscal years.’’.

11 TITLE VIII—TECHNICAL AND

12 CONFORMING AMENDMENTS

13 SEC. 801. TECHNICAL AND CONFORMING AMENDMENTS.

14 (a) TITLE I.—Section 102(34)(C) of the Older Ameri15 cans Act of 1965 (42 U.S.C. 3002(34)(C)) is amended by

16 striking ‘‘307(a)(12)’’ and inserting ‘‘307(a)(9)’’.

17 (b) TITLE II.—

18 (1) Section 201(d)(3) of the Older Americans Act

19 of 1965 (42 U.S.C. 3011(d)(3)) is amended—

20 (A) in subparagraph (C)(ii), by striking

21 ‘‘307(a)(12)’’ and inserting ‘‘307(a)(9)’’; and

22 (B) in subparagraph (J), by striking

23 ‘‘307(a)(12)’’ and inserting ‘‘307(a)(9)’’.

24 (2) Section 202 of the Older Americans Act of

25 1965 (42 U.S.C. 3012) is amended—
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1 (A) in subsection (a)—

2 (i) in paragraph (19)(C), by striking

3 ‘‘paragraphs (2) and (5)(A) of section

4 306(a)’’ and inserting ‘‘paragraphs (2) and

5 (4)(A) of section 306(a)’’; and

6 (ii) in paragraph (26), by striking

7 ‘‘sections 307(a)(18) and 731(b)(2)’’ and in8 serting ‘‘section 307(a)(13)’’; and

9 (B) in subsection (c)—

10 (i) in paragraph (1), by striking

11 ‘‘(c)(1)’’ and inserting ‘‘(c)’’; and

12 (ii) by striking paragraph (2); and

13 (C) in subsection (e)(1)(A)—

14 (i) by striking clause (i) and inserting

15 the following:

16 ‘‘(i) provide grants and projects under title

17 IV;’’; and

18 (ii) in clause (iv), by striking ‘‘, and

19 the information provided by the Resource

20 Centers on Native American Elders under

21 section 429E’’.

22 (3) Section 205(a)(2)(A) of the Older Americans

23 Act of 1965 (42 U.S.C. 3016(a)(2)(A)) is amended by

24 striking ‘‘subparts 1, 2, and 3’’ and inserting ‘‘sub25 parts 1 and 2’’.
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1 (4) Section 207(a) of the Older Americans Act of

2 1965 (42 U.S.C. 3018(a)) is amended—

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

4 (B) by redesignating paragraphs (4) and

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

6 (5) Section 214 of the Older Americans Act of

7 1965 (42 U.S.C. 3020e) is amended by striking

8 ‘‘307(a)(13)(J)’’ and inserting ‘‘307(a)(10)(J)’’.

9 (c) TITLE III.—

10 (1) Section 301(c) of the Older Americans Act of

11 1965 (42 U.S.C. 3021(c)) is amended by striking

12 ‘‘307(a)(12)’’ and inserting ‘‘307(a)(9)’’.

13 (2) Section 304 of the Older Americans Act of

14 1965 (42 U.S.C. 3024) is amended—

15 (A) in subsection (d)(1)(B), by striking

16 ‘‘307(a)(12)’’ and inserting ‘‘307(a)(9)’’; and

17 (B) by striking subsection (e).

18 (3) Section 305(a)(2)(F) of the Older Americans

19 Act of 1965 (42 U.S.C. 3025(a)(2)(F)) is amended by

20 striking ‘‘307(a)(24)’’ and inserting ‘‘307(a)(16)’’.

21 (4) Section 307 of the Older Americans Act of

22 1965 (42 U.S.C. 3027) is amended—

23 (A) in subsection (a), in paragraph (22) (as

24 redesignated by section 305(19)), by striking

25 ‘‘306(a)(20)’’ and inserting ‘‘306(a)(8)’’; and
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1 (B) in subsection (f)—

2 (i) in paragraph (1), by striking

3 ‘‘(f)(1)’’ and inserting ‘‘(f)’’; and

4 (ii) by striking paragraph (2).

5 (5) Section 308(b)(4)(A) of the Older Americans

6 Act of 1965 (42 U.S.C. 3028(b)(4)(A)) is amended by

7 striking ‘‘307(a)(13)’’ and inserting ‘‘307(a)(10)’’.

8 (6) Section 321(a)(15) of the Older Americans

9 Act of 1965 (42 U.S.C. 3030d(a)(15)) is amended by

10 striking ‘‘section 307(a)(16)’’ and inserting ‘‘section

11 307(a)(12)’’.

12 (d) TITLE VI.—Section 614(a) of the Older Americans

13 Act of 1965 (42 U.S.C. 3057e(a)) is amended—

14 (1) by striking paragraph (9); and

15 (2) by redesignating paragraphs (10) through

16 (12) as paragraphs (9) through (11), respectively.

17 (e) TITLE VII.—

18 (1) Section 703(a)(2)(C) of the Older Americans

19 Act of 1965 (42 U.S.C. 3058b(a)(2)(C)) is amended—

20 (A) in clause (i), by striking ‘‘section

21 702(a)’’ and inserting ‘‘section 702 and made

22 available to carry out chapter 2’’; and

23 (B) in clause (ii), by striking ‘‘section

24 702(b)’’ and inserting ‘‘section 702 and made

25 available to carry out chapter 3’’.
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1 (2) Section 712(a)(1) of the Older Americans Act

2 of 1965 (42 U.S.C. 3058g(a)(1)) is amended by strik3 ing ‘‘section 702(a)’’ and inserting ‘‘section 702 and

4 made available to carry out this chapter’’.

5 (3) Section 721(a) of the Older Americans Act of

6 1965 (42 U.S.C. 3058i(a)) is amended by striking

7 ‘‘section 702(b)’’ and inserting ‘‘section 702 and made

8 available to carry out this chapter’’.

9 (4) Section 761(2) of the Older Americans Act of

10 1965 (42 U.S.C. 3058bb(2)) is amended by striking

11 ‘‘chapter 2, 3, 4, or 5 of this title’’ and inserting

12 ‘‘subtitle A’’.

13 (5) Section 762 of the Older Americans Act of

14 1965 (42 U.S.C. 3058cc) is amended, in the matter

15 preceding paragraph (1), by striking ‘‘or an entity

16 described in section 751(c)’’.

17 (6) Section 764(b) of the Older Americans Act of

18 1965 (42 U.S.C. 3058ee(b)) is amended by striking ‘‘,

19 area agencies on aging, and entities described in sec20 tion 751(c)’’ and inserting ‘‘and area agencies on

21 aging’’.

Calendar No. 789

106TH CONGRESS

2D SESSION S. 1536

[Report No. 106–399]

A BILL

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

services for older individuals, and for other purposes.

SEPTEMBER 7, 2000

Reported with an amendment