II

106TH CONGRESS

1ST SESSION S. 1536

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 introduced the following bill; which was read twice and referred

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

A BILL

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

Act, 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,

3 SECTION 1. SHORT TITLE; REFERENCES.

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

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

6 (b) REFERENCES.—Except as otherwise specifically

7 provided, whenever in this Act an amendment or repeal

8 is expressed in terms of an amendment to, or repeal of,
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1 a provision, the reference shall be considered to be made

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

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

4 SEC. 2. TABLE OF CONTENTS.

5 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.

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.
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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:

8 ‘‘(45) The term ‘disease prevention and health

9 promotion services’ means—

10 ‘‘(A) health risk assessments;

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

12 include hypertension, glaucoma, cholesterol,
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1 cancer, vision, hearing, diabetes, and nutrition

2 screening;

3 ‘‘(C) nutritional counseling and educational

4 services for individuals and their primary care5 givers;

6 ‘‘(D) health promotion programs, including

7 programs relating to prevention and reduction

8 of effects of chronic disabling conditions (in9 cluding osteoporosis and cardiovascular dis10 ease), alcohol and substance abuse reduction,

11 smoking cessation, weight loss and control, and

12 stress management;

13 ‘‘(E) programs regarding physical fitness,

14 group exercise, and music therapy, art therapy,

15 and dance-movement therapy, including pro16 grams for multigenerational participation that

17 are provided by—

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

19 ‘‘(ii) a local educational agency, as de20 fined in section 14101 of the Elementary

21 and Secondary Education Act of 1965 (20

22 U.S.C. 8801); or

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

24 ‘‘(F) home injury control services, includ25 ing screening of high-risk home environments
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1 and provision of educational programs on injury

2 prevention (including fall and fracture preven3 tion) in the home environment;

4 ‘‘(G) screening for the prevention of de5 pression, coordination of community mental

6 health services, provision of educational activi7 ties, and referral to psychiatric and psycho8 logical services;

9 ‘‘(H) educational programs on the avail10 ability, benefits, and appropriate use of preven11 tive health services covered under title XVIII of

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

13 seq.);

14 ‘‘(I) medication management screening and

15 education to prevent incorrect medication and

16 adverse drug reactions;

17 ‘‘(J) information concerning diagnosis, pre18 vention, treatment, and rehabilitation con19 cerning age-related diseases and chronic dis20 abling conditions, including osteoporosis, cardio21 vascular diseases, diabetes, and Alzheimer’s dis22 ease and related disorders with neurological and

23 organic brain dysfunction;

24 ‘‘(K) gerontological counseling; and
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1 ‘‘(L) counseling regarding social services

2 and followup health services based on any of

3 the services described in subparagraphs (A)

4 through (K).

5 The term shall not include services for which pay6 ment may be made under title XVIII of the Social

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

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

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

10 ‘‘(B) visiting and telephone reassurance;

11 ‘‘(C) chore maintenance;

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

13 adult day care as a respite service for families;

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

15 necessary to facilitate the ability of older indi16 viduals to remain at home and that is not avail17 able under another program (other than a pro18 gram carried out under this Act);

19 ‘‘(F) personal care services; and

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

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

22 plan submitted in accordance with section

23 307; and
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1 ‘‘(ii) by the area agency on aging in

2 the area plan submitted in accordance with

3 section 306.

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

5 ‘‘(A) an Indian; and

6 ‘‘(B) a Native Hawaiian, as defined in sec7 tion 625.’’.

8 TITLE II—AMENDMENTS TO

9 TITLE II OF THE OLDER

10 AMERICANS ACT OF 1965

11 SEC. 201. FUNCTIONS OF ASSISTANT SECRETARY.

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

13 U.S.C. 3012) is amended—

14 (1) in subsection (a)—

15 (A) by striking paragraph (24) and insert16 ing the following:

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

18 through contracts, grants, or cooperative agree19 ments, a National Eldercare Locator Service, pro20 viding information and assistance services through a

21 nationwide toll-free number to identify community

22 resources for older individuals;’’;

23 (B) by striking paragraph (27); and
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1 (C) by redesignating paragraphs (28),

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

3 (29), respectively; and

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

5 ‘‘(f) PERFORMANCE OUTCOME MEASURES.—

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

7 accordance with the process described in paragraph

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

9 of State agencies, tribal organizations, and area

10 agencies on aging, shall develop and publish by De11 cember 31, 2000, a set of performance outcome

12 measures to be used for planning, managing, and

13 evaluating activities performed and services provided

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

15 Assistant Secretary shall use data currently collected

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

17 State agencies, area agencies on aging, and service

18 providers through the National Aging Program In19 formation System in developing such measures.

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

21 for developing the performance outcome measures

22 described in paragraph (1) shall include—

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

24 in use by State agencies and area agencies on

25 aging (as of the date of the review);
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1 ‘‘(B) development of a proposed set of such

2 measures that provides information about the

3 major activities performed and services provided

4 under this Act;

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

6 such measures, including an identification of re7 source, infrastructure, and data collection

8 issues at the State and local levels; and

9 ‘‘(D) evaluation of the pilot test and rec10 ommendations for modification of the proposed

11 set of such measures.’’.

12 SEC. 202. FEDERAL AGENCY CONSULTATION.

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

14 (42 U.S.C. 3013(b)) is amended—

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

16 inserting a comma;

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

18 and inserting ‘‘, and’’; and

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

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

21 (29 U.S.C. 2801 et seq.).’’.

22 SEC. 203. FEDERAL COUNCIL ON THE AGING.

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

24 (42 U.S.C. 3015(g)) is amended by striking ‘‘$300,000
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1 for fiscal year’’ and all that follows and inserting ‘‘such

2 sums as may be necessary.’’.

3 SEC. 204. EVALUATION.

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

5 U.S.C. 3017) is amended—

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

7 (2) by redesignating subsection (h) as sub8 section (g).

9 SEC. 205. GIFTS.

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

11 U.S.C. 3011 et seq.) is amended by inserting before sec12 tion 215 the following:

13 ‘‘SEC. 214A. GIFTS AND DONATIONS.

14 ‘‘(a) GIFTS AND DONATIONS.—The Assistant Sec15 retary may accept, use, and dispose of, on behalf of the

16 United States, gifts or donations (in cash or in kind, in17 cluding voluntary and uncompensated services or prop18 erty), which shall be available until expended for the pur19 poses specified in subsection (b). Gifts of cash and pro20 ceeds of the sale of property shall be available in addition

21 to amounts appropriated to carry out this Act.

22 ‘‘(b) USE OF GIFTS AND DONATIONS.—Gifts and do23 nations accepted pursuant to subsection (a) may be used

24 either directly, or for grants to or contracts with public
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1 or nonprofit private entities, for the following activities

2 under this title:

3 ‘‘(1) The design and implementation of dem4 onstrations of innovative ideas and best practices in

5 programs and services for older individuals.

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

7 for the purpose of exchanging information, among

8 concerned individuals and public and private entities

9 and organizations, relating to programs and services

10 provided under this Act and other programs and

11 services for older individuals.

12 ‘‘(3) The development, publication, and dissemi13 nation of informational materials (in print, visual,

14 electronic, or other media) relating to the programs

15 and services provided under this Act and other mat16 ters of concern to older individuals.

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

18 shall establish written guidelines setting forth the criteria

19 to be used in determining whether a gift or donation

20 should be declined under this section because the accept21 ance of the gift or donation would—

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

23 Administration, the Department of Health and

24 Human Services, or any employee of the Administra25 tion or Department to carry out responsibilities or
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1 official duties under this Act in a fair and objective

2 manner; or

3 ‘‘(2) compromise the integrity or the appear4 ance of integrity of programs or services provided

5 under this Act or of any official involved in those

6 programs or services.’’.

7 SEC. 206. AUTHORIZATION OF APPROPRIATIONS.

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

9 U.S.C. 3020f) is amended—

10 (1) in subsection (a)—

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

12 and

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

14 follows and inserting ‘‘such sums as may be

15 necessary for fiscal year 2000 and each of the

16 4 succeeding fiscal years.’’; and

17 (2) by striking subsection (b).

18 TITLE III—AMENDMENTS TO

19 TITLE III OF THE OLDER

20 AMERICANS ACT OF 1965

21 SEC. 301. PURPOSE.

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

23 U.S.C. 3021) is amended by adding at the end the fol24 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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•S 1536 IS

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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•S 1536 IS

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-
30

•S 1536 IS

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:
31

•S 1536 IS

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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•S 1536 IS

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:
33

•S 1536 IS

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
34

•S 1536 IS

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.—
35

•S 1536 IS

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.
36

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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
37

•S 1536 IS

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;
38

•S 1536 IS

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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•S 1536 IS

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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•S 1536 IS

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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•S 1536 IS

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
42

•S 1536 IS

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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•S 1536 IS

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
44

•S 1536 IS

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
45

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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
46

•S 1536 IS

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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•S 1536 IS

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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•S 1536 IS

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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•S 1536 IS

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.—
50

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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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•S 1536 IS

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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•S 1536 IS

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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•S 1536 IS

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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•S 1536 IS

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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•S 1536 IS

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
58

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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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•S 1536 IS

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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•S 1536 IS

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-
62

•S 1536 IS

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
65

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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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•S 1536 IS

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’’.

Æ