162
for other funds in connection with work
that would otherwise be performed.
‘‘(G) The project will utilize methods of re-
cruitment and selection (including listing of job
vacancies with the employment agency operated
by any State or political subdivision thereof)
that will ensure that the maximum number of
older individuals described in subsection (a) will
have an opportunity to participate in the
project.
‘‘(H)(i) The project will include such train-
ing as may be necessary to make the most ef-
fective use of the skills and talents of such indi-
viduals who are participating and assist in their
transition into employment for which no finan-
cial assistance is provided under this title, and
may provide for the payment of the reasonable
expenses of such individuals being trained.
‘‘(ii) Unless the number of such individuals
in need of the training required by clause (i) is
sufficient to justify the establishment of a train-
ing program by the project, such training shall
be provided, to the maximum extent practicable,
by the project by placing such individuals in
training programs for which Federal or State
163
funds are provided under another law. Such in-
dividuals who participate in such training pro-
grams shall be deemed to have received the
training required by clause (i).
‘‘(I) The project will provide to older indi-
viduals described in subsection (a) who are em-
ployed in the project, wages at rates that are—
‘‘(i) the same rates (including periodic
increases) as employees who are similarly
situated in similar occupations by the same
employer and who have similar training,
experience, and skills, and
‘‘(ii) in accordance with applicable law
but are not less than the higher of the rate
specified in section 6(a)(1) of the Fair
Labor Standards Act of 1938 (29 U.S.C.
206(a)(1)) or rate required by the applica-
ble State or local minimum wage law.
‘‘(J) The project will be established or ad-
ministered with the advice of individuals com-
petent in the field of service in which employ-
ment is being provided, and of individuals who
are knowledgeable with regard to the needs of
older individuals.
164
‘‘(K) The project may authorize payment
for reasonable transportation costs of older in-
dividuals described in subsection (a) that may
be incurred in employment in the project.
‘‘(L) The project will prepare an assess-
ment of—
‘‘(i) the participating older individ-
uals’ skills and talents,
‘‘(ii) their need for supportive serv-
ices, and
‘‘(iii) their ability to perform commu-
nity service employment,
except to the extent the project has, for the
particular participant involved, an assessment
of such skills and talents, such need, or such
capabilities prepared recently pursuant to an-
other employment or training program.
‘‘(M) The project will, to the maximum ex-
tent feasible, serve the needs of minority, lim-
ited English-speaking ability, and Indian eligi-
ble individuals, and eligible individuals with
greatest economic need.
‘‘(N) The entity that carries out the
project will post in the project workplace a no-
tice, and will make available to each individual
165
associated with the project a written expla-
nation, clarifying the law with respect to allow-
able and unallowable political activities under
chapter 15 of title 5, United States Code, appli-
cable to the project and to each category of in-
dividuals associated with the project.
‘‘(O) In providing employment opportuni-
ties under the project, such entity will give pri-
ority to low-income individuals who are 60
years of age or older.
‘‘(P) Before the end of the fiscal year dur-
ing which the entity carries out the project,
such entity will demonstrate, to the State or na-
tional organization with which the entity made
such agreement, that such entity has met the
applicable performance standards in effect
under subsection (h).
‘‘(d) PREREQUISITE REQUIREMENTS.—(1) Before
making agreements under subsection (b) and after con-
sultation with the appropriate area agencies on aging, with
other organizations that received funds under this title in
the preceding fiscal year, and with State and local agen-
cies responsible for carrying out public employment and
training programs, a recipient of a grant made under sub-
section (a)(1) for a fiscal year shall—
166
‘‘(A) make a determination—
‘‘(i) identifying the localities in the State
in which projects described in subsection (b) are
most needed,
‘‘(ii) in making such determination, con-
sider the local employment situations and the
types of skills possessed by available local older
individuals described in subsection (a), and
‘‘(iii) identify potential projects and the
number and percentage of such individuals in
the local population.
‘‘(B) in consultation and coordination—
‘‘(i) with State and local agencies respon-
sible for carrying out employment and training
programs, and
‘‘(ii) for the purpose of providing increased
employment opportunities in underserved areas,
with all other recipients of grants under sub-
section (a)(1) who propose to carry out projects
under this title in the same State as such re-
cipient,
select the projects such recipient will carry out
through agreements made under subsection (b), and
167
‘‘(C) establish effective linkages with private en-
tities that promote employment and training oppor-
tunities for older individuals.
‘‘(2) To the maximum extent practicable, such recipi-
ent shall ensure that entities that carry out projects under
agreements made under subsection (b) provide employ-
ment under this title to older individuals who immediately
before the effective date of this title were employees under
an agreement made under section 502(b) of the Older
Americans Act of 1965.
‘‘(3) To the maximum extent practicable, a State that
receives a grant under this title for fiscal year 2000, 2001,
2002, 2003, and 2004 shall use not less than the following
percentage of such grant, to preserve particular older indi-
viduals in the particular employment positions that were
held by such individuals as a result of grants made under
title V of the Older Americans Act of 1965 or under this
title by the Secretary for the preceding fiscal year to non-
State recipients for expenditure in such State:
Grant for Fiscal Year
Percent of Grant
2000
4.6
2001
4.6
2002
4.6
2003
4.6
2004
4.6.
‘‘(e) EQUITABLE USE OF FUNDS.—To the maximum
extent practicable, each recipient of a grant under sub-
168
section (a)(1) shall use funds available to carry out this
title to make agreements under subsection (b) in an equi-
table manner, taking into consideration—
‘‘(1) the number of eligible older individuals in
the various geographical areas,
‘‘(2) the relative distribution of such individuals
among urban and rural areas, and
‘‘(3) the consultation and coordination required
by subsection (d).
‘‘(f) PRIOR SUBMISSION
OF PROJECT DESCRIP-
TION.—Whenever an entity (other than an area agency on
aging for the planning and service area in which the
project will be conducted) conducts a project under an
agreement made under subsection (b) within a planning
and service area in a State, such entity shall conduct the
project in consultation with the area agency on aging of
the planning and service area and shall submit to the area
agency on aging, not less than 30 days before undertaking
the project, a description (including the location) of the
project.
‘‘(g) ALTERNATIVE WORK MODES; TECHNICAL AS-
SISTANCE.—Recipients of grants under subsection (a)(1)
may develop alternatives for innovative work modes and
provide technical assistance in creating employment op-
portunities through work sharing and other experimental
169
methods to groups representing business and industry and
workers, as well as to individual employers, where appro-
priate.
‘‘(h) PERFORMANCE
STANDARDS.—(1) The Sec-
retary shall establish by rule, and amend from time to
time, objective performance standards that provide meas-
urements to quantify the extent to which projects carried
out under agreements made under subsection (b) meet
such standards and shall require at a minimum the recipi-
ents of grants under subsection (a)(1) to assess, and to
report timely before the end of each fiscal year to the Sec-
retary, the extent to which such standards (expressed in
objective, quantifiable, measurable form) are met by each
entity that carries out any of such projects and by such
recipients, to show progress of recipients in continuously
improving performance. Such standards shall include the
following:
‘‘(A) A standard requiring that not less than 18
percent of project participants should be placed an-
nually, and after placement should remain employed
for not less than 30 days, in employment for which
no financial assistance is provided under this title.
‘‘(B) A standard requiring a specific percentage
increase in the number of employment opportunities
provided in hard-to-serve areas, including rural
170
areas, areas with high unemployment, and areas
with a significant population groups of underserved
older individuals.
‘‘(C) A standard providing for the measurement
of—
‘‘(i) the number of older individuals who
receive services provided by such projects, and
‘‘(ii) the extent to which project partici-
pants are satisfied with such services.
‘‘(D) A standard requiring a specific percentage
increase in employment opportunities to be provided
in underserved areas.
‘‘(E) A standard applicable for determining
compliance with the consultation and coordination
requirements specified in subsection (d)(1).
‘‘(2) The Secretary shall establish uniform criteria
for determining the extent to which each such entity and
each such recipient meets such standards.
‘‘(3) For purposes of determining whether such re-
cipients fail, directly or through the operation of projects
carried out in a State under agreements made under sec-
tion 503(b), to meet such standards, the Secretary may
adjust the application of such standards with respect to
such projects if—
171
‘‘(A) the chief executive officer of such State
submits to the Secretary a request to so adjust such
standards, and
‘‘(B) the requested adjustment is based on—
‘‘(i) specific economic conditions through-
out such State or in geographical areas of such
State,
‘‘(ii) disadvantaging characteristics of the
older individuals who participate in such
projects, or
‘‘(iii) demonstrated extraordinary difficul-
ties in serving unemployed low-income older in-
dividuals who have poor employment prospects.
‘‘(i) TECHNICAL ASSISTANCE.—If a recipient of a
grant under section 501(a)(1) notifies the Secretary that
such recipient failed, or expects to fail, to meet any of
the applicable performance standards and requests the
Secretary to provide technical assistance to improve the
capacity of such recipient to meet such standards, then
the Secretary shall provide such assistance, including tech-
nical assistance in developing a performance improvement
plan.
‘‘(j) REPORT ON PERFORMANCE.—Each recipient of
a grant under section 501(a)(1) shall submit to the Sec-
retary an annual report describing for each State sepa-
172
rately in which such recipient carried out projects under
this title, directly or through agreements made under sec-
tion 503(b) by such recipient, in the fiscal year that is
the subject of such report—
‘‘(1)(A) how such recipient complied with the
requirements of this title, and
‘‘(B) the extent to which such recipient met the
performance standards applicable to such recipient,
and
‘‘(2) if for such fiscal year such recipient elects
under subsection (b) to make agreements described
in subsection (b), the projects carried out under
such agreements.
‘‘(k) INDEPENDENT EVALUATION OF GRANT RECIPI-
ENT PERFORMANCE.—
‘‘(1) PERFORMANCE
EVALUATION.—Not later
than 90 days after the date of the enactment of this
Act and subject to paragraph (2), the Secretary
shall make a contract to evaluate each recipient of
a grant under section 501(a)(1), for each State sep-
arately in which such recipient carried out projects
under this title (directly or through agreements
made under section 503(b) by such recipient), for
the purpose of determining—
173
‘‘(A) how such recipient complied with the re-
quirements of this title, and
‘‘(B) the extent to which such recipient met the
performance standards applicable to such recipient.
‘‘(2) CONTRACTS.—For purposes of paragraph
(1), the Secretary may make contracts only with
nongovernmental entities that—
‘‘(A) have not received funds, directly or
indirectly, made available for grants under this
title or title V of the Older Americans Act of
1965, and
‘‘(B) are not, and have not been, affiliated
with any entity that receives, or has received
such funds.
‘‘(3) REPORTS.—The Secretary shall submit to
the Speaker of the House of Representatives and the
President pro tempore—
‘‘(A) not later than January 1, 2004, an
interim report summarizing the results of the
evaluations carried out under paragraph (1),
and
‘‘(B) not later than January 1, 2005, a
final report summarizing the results of such
evaluations.
174
‘‘SEC. 504. PARTICIPANTS NOT FEDERAL EMPLOYEES.
‘‘(a) PROJECT PARTICIPANTS.—Older individuals de-
scribed in section 503(a) who participate in a project as-
sisted under this title shall not be considered to be Federal
employees as a result of such participation and shall not
be subject to the provisions of part III of title 5 of the
United States Code.
‘‘(b) CONTRACTS.—No contract shall be entered into
under this title unless—
‘‘(1) the contractor and the contractor’s em-
ployees (including older individuals participating
under the contract) are covered by a Federal or
State workers’ compensation law to the extent re-
quired by the applicable Federal or State law, or
‘‘(2) the contractor undertakes to provide either
through insurance by a recognized insurer or by self-
insurance as authorized by State law, that older in-
dividuals participating under the contract will enjoy
workers’ compensation coverage equal to that pro-
vided by the applicable Federal or State law for em-
ployment covered by such law.
‘‘SEC. 505. TREATMENT OF EMPLOYMENT ASSISTANCE FOR
PURPOSES OF FEDERAL HOUSING AND FOOD
STAMP PROGRAMS.
‘‘Funds received by eligible older individuals from
participation in projects carried out under this title shall
175
not be considered to be income of such individuals for pur-
poses of determining the eligibility of such individuals, or
of any other individuals, to participate in any housing pro-
gram for which Federal funds may be available or for any
income determination under the Food Stamp Act of 1977.
‘‘SEC. 506. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to carry out this title
$448,600,000 for fiscal year 2000 and such sums as may
be necessary for fiscal years 2001, 2002, 2003, and
2004.’’.
SEC. 4. CONFORMING AMENDMENTS TO OTHER LAWS.
(a) AGRICULTURAL ACT OF 1949.—Section 416(a) of
the Agricultural Act of 1949 (7 U.S.C. 1431) is amended
by striking ‘‘Older Americans Act of 1965’’ and inserting
‘‘Older Americans Act of 1999’’.
(b) AGRICULTURE AND FOOD ACT OF 1981.—Sec-
tion 1114(a) of the Agriculture and Food Act of 1981 (7
U.S.C. 1431e(a)) is amended—
(1) in paragraph (1) by striking ‘‘Older Ameri-
cans Act of 1965’’ each place it appears and insert-
ing ‘‘Older Americans Act of 1999’’, and
(2) in subparagraphs (C) and (D) of paragraph
(2) by striking ‘‘section 311(a)(4) of the Older
Americans Act of 1965 (42 U.S.C. 3030a(a)(4)’’
each place it appears and inserting ‘‘chapter 3 of
176
subtitle A of title III of the Older Americans Act of
1999’’.
(c) 
REHABILITATION
ACT
OF
1973.—Section
509(f)(5)(B) of the Rehabilitation Act of 1973 (29 U.S.C.
794e(f)(5)(B)) is amended by striking ‘‘Older Americans
Act of 1965’’ and inserting ‘‘Older Americans Act of
1999’’.
(d) JOB TRAINING PARTNERSHIP ACT.—The Job
Training Partnership Act (29 U.S.C. 1501 et seq.) is
amended—
(1) in section 204(d)—
(A) in paragraph (4) by striking ‘‘Older
Americans Act of 1965’’ and inserting ‘‘Older
Americans Act of 1999’’, and
(B) in paragraph (5)(B)(i) by striking
‘‘Older Americans Act of 1965’’ and inserting
‘‘Older Americans Act of 1999’’,
(2) by amending section 205(a)(8) to read as
follows:
‘‘(8) title V of the Older Americans Act of
1999;’’,
(3) in section 452(d)(1)(B)(iii) by striking
‘‘Older Americans Act of 1965’’ and inserting
‘‘Older Americans Act of 1999’’, and
177
(4) in section 455(b) by striking ‘‘Older Ameri-
cans Act of 1965’’ and inserting ‘‘Older Americans
Act of 1999’’.
(e) SOCIAL SECURITY ACT.—The Social Security Act
(42 U.S.C. 301 et seq.) is amended—
(1) in section 1819—
(A) in subsection (b)(4)(C)(ii)(IV) by strik-
ing ‘‘section 307(a)(12) of the Older Americans
Act of 1965’’ and inserting ‘‘section 304(a)(8)
of the Older Americans Act of 1999’’,
(B) in subsection (c)(2)(B)(iii)(II) by
striking ‘‘title III or VII of the Older Ameri-
cans Act of 1965 in accordance with section
712 of the Act’’ and inserting ‘‘section
304(a)(8) of the Older Americans Act of 1999’’,
and
(C) in subsection (g)(5)(B) by striking
‘‘title III or VII of the Older Americans Act of
1965 in accordance with section 712 of the
Act’’ and inserting ‘‘section 304(a)(8) of the
Older Americans Act of 1999’’, and
(2) in section 1919—
(A) in subsection (b)(4)(C)(ii)(IV) by strik-
ing ‘‘section 307(a)(12) of the Older Americans
183
90 days after such publication, the Secretary shall issue
rules for the administration of such Act.
SEC. 7. EFFECTIVE DATES.
(a) GENERAL EFFECTIVE DATE.—Except as pro-
vided in subsection (b), this Act and the amendments
made by this Act shall take effect on the date of the enact-
ment of this Act.
(b) SPECIAL EFFECTIVE DATE.—The amendments
made by sections 3, 4, and 5 shall take effect on October
1, 1999.
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