H. R. 782
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
An Act
To amend the Older Americans Act of 1965 to extend authorizations of appropriations
for programs under the Act, to modernize programs and services for older individ-
uals, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Older Americans Act Amendments
of 2000’’.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I—AMENDMENT TO TITLE I OF THE OLDER AMERICANS ACT OF
1965
Sec. 101. Definitions.
TITLE II—AMENDMENTS TO TITLE II OF THE OLDER AMERICANS ACT OF
1965 AND THE OLDER AMERICANS ACT AMENDMENTS OF 1987
Subtitle A—Amendments to Title II of the Older Americans Act of 1965
Sec. 201. Functions of Assistant Secretary.
Sec. 202. Federal agency consultation.
Sec. 203. Evaluation.
Sec. 204. Reports.
Sec. 205. Authorization of appropriations.
Subtitle B—Amendments to the Older Americans Act Amendments of 1987
Sec. 211. White House Conference.
TITLE III—AMENDMENTS TO TITLE III OF THE OLDER AMERICANS ACT OF
1965
Sec. 301. Purpose.
Sec. 302. Authorization of appropriations.
Sec. 303. Allotment; Federal share.
Sec. 304. Organization.
Sec. 305. Area plans.
Sec. 306. State plans.
Sec. 307. Planning, coordination, evaluation, and administration of State plans.
Sec. 308. Availability of disaster relief funds to tribal organizations.
Sec. 309. Nutrition services incentive program.
Sec. 310. Consumer contributions and waivers.
Sec. 311. Supportive services and senior centers.
Sec. 312. Nutrition services.
Sec. 313. Nutrition requirements.
Sec. 314. In-home services and additional assistance.
Sec. 315. Definition.
Sec. 316. National Family Caregiver Support program.
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TITLE IV—TRAINING, RESEARCH, AND DISCRETIONARY PROJECTS AND
PROGRAMS
Sec. 401. Projects and programs.
TITLE V—AMENDMENT TO TITLE V OF THE OLDER AMERICANS ACT OF
1965
Sec. 501. Amendment to title V of the Older Americans Act of 1965.
TITLE VI—AMENDMENTS TO TITLE VI OF THE OLDER AMERICANS ACT OF
1965
Sec. 601. Eligibility.
Sec. 602. Applications.
Sec. 603. Authorization of appropriations.
Sec. 604. General provisions.
TITLE VII—AMENDMENTS TO TITLE VII OF THE OLDER AMERICANS ACT
OF 1965
Sec. 701. Authorization of appropriations.
Sec. 702. Allotment.
Sec. 703. Additional State plan requirements.
Sec. 704. State long-term care ombudsman program.
Sec. 705. Prevention of elder abuse, neglect, and exploitation.
Sec. 706. Assistance programs.
Sec. 707. Native American programs.
TITLE VIII—TECHNICAL AND CONFORMING AMENDMENTS
Sec. 801. Technical and conforming amendments.
TITLE I—AMENDMENT TO TITLE I OF
THE OLDER AMERICANS ACT OF 1965
SEC. 101. DEFINITIONS.
Section 102 of the Older Americans Act of 1965 (42 U.S.C.
3002) is amended—
(1) in paragraph (3), by striking ‘‘the Commonwealth of
the Northern Mariana Islands, and the Trust Territory of the
Pacific Islands.’’ and inserting ‘‘and the Commonwealth of the
Northern Mariana Islands.’’;
(2) by striking paragraph (12) and inserting the following:
‘‘(12) The term ‘disease prevention and health promotion
services’ means—
‘‘(A) health risk assessments;
‘‘(B) routine health screening, which may include
hypertension, glaucoma, cholesterol, cancer, vision, hearing,
diabetes, bone density, and nutrition screening;
‘‘(C) nutritional counseling and educational services
for individuals and their primary caregivers;
‘‘(D) health promotion programs, including but not lim-
ited to programs relating to prevention and reduction of
effects 
of 
chronic 
disabling 
conditions 
(including
osteoporosis and cardiovascular disease), alcohol and sub-
stance abuse reduction, smoking cessation, weight loss and
control, and stress management;
‘‘(E) programs regarding physical fitness, group exer-
cise, and music therapy, art therapy, and dance-movement
therapy, including programs for multigenerational partici-
pation that are provided by—
‘‘(i) an institution of higher education;
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‘‘(ii) a local educational agency, as defined in sec-
tion 14101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 8801); or
‘‘(iii) a community-based organization;
‘‘(F) home injury control services, including screening
of high-risk home environments and provision of edu-
cational programs on injury prevention (including fall and
fracture prevention) in the home environment;
‘‘(G) screening for the prevention of depression,
coordination of community mental health services, provi-
sion of educational activities, and referral to psychiatric
and psychological services;
‘‘(H) educational programs on the availability, benefits,
and appropriate use of preventive health services covered
under title XVIII of the Social Security Act (42 U.S.C.
1395 et seq.);
‘‘(I) medication management screening and education
to prevent incorrect medication and adverse drug reactions;
‘‘(J) information concerning diagnosis, prevention,
treatment, and rehabilitation concerning age-related dis-
eases 
and 
chronic 
disabling 
conditions, 
including
osteoporosis, 
cardiovascular 
diseases, 
diabetes, 
and
Alzheimer’s disease and related disorders with neurological
and organic brain dysfunction;
‘‘(K) gerontological counseling; and
‘‘(L) counseling regarding social services and followup
health services based on any of the services described in
subparagraphs (A) through (K).
The term shall not include services for which payment may
be made under titles XVIII and XIX of the Social Security
Act (42 U.S.C. 1395 et seq., 1396 et seq.).’’;
(3) by striking paragraph (18) and redesignating para-
graphs (19), (20), (21), and (22) as paragraphs (18), (19), (20),
and (21);
(4) by striking paragraphs (19) and (20) (as redesignated)
and inserting the following:
‘‘(19) The term ‘in-home services’ includes—
‘‘(A) services of homemakers and home health aides;
‘‘(B) visiting and telephone reassurance;
‘‘(C) chore maintenance;
‘‘(D) in-home respite care for families, and adult day
care as a respite service for families;
‘‘(E) minor modification of homes that is necessary
to facilitate the ability of older individuals to remain at
home and that is not available under another program
(other than a program carried out under this Act);
‘‘(F) personal care services; and
‘‘(G) other in-home services as defined—
‘‘(i) by the State agency in the State plan submitted
in accordance with section 307; and
‘‘(ii) by the area agency on aging in the area plan
submitted in accordance with section 306.
‘‘(20) The term ‘Native American’ means—
‘‘(A) an Indian as defined in paragraph (5); and
‘‘(B) a Native Hawaiian, as defined in section 625.’’;
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(5) by striking paragraph (23) and redesignating para-
graphs (24) through (35) as paragraphs (22), (23), (24), (25),
(26), (27), (28), (29), (30), (31), (32), and (33);
(6) by striking paragraph (36) and redesignating the
remaining paragraphs; and
(7) by adding at the end the following:
‘‘(42) The term ‘family violence’ has the same meaning
given the term in the Family Violence Prevention and Services
Act (42 U.S.C. 10408).
‘‘(43) The term ‘sexual assault’ has the meaning given
the term in section 2003 of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796gg–2).’’.
TITLE II—AMENDMENTS TO TITLE II OF
THE OLDER AMERICANS ACT OF 1965
AND THE OLDER AMERICANS ACT
AMENDMENTS OF 1987
Subtitle A—Amendments to Title II of the
Older Americans Act of 1965
SEC. 201. FUNCTIONS OF ASSISTANT SECRETARY.
Section 202 of the Older Americans Act of 1965 (42 U.S.C.
3012) is amended—
(1) in subsection (a)—
(A) by striking paragraph (9) and redesignating para-
graphs (10), (11), and (12) as paragraphs (9), (10), and
(11) respectively;
(B) by striking paragraphs (13) and (14) and redesig-
nating the remaining paragraphs;
(C) in paragraph (15) (as redesignated), by inserting
‘‘and older individuals residing in rural areas’’ after ‘‘low-
income minority individuals’’;
(D) in paragraph (18)(B) (as redesignated), by striking
‘‘1990’’ and inserting ‘‘2000’’;
(E) by striking paragraph (19) (as redesignated) and
inserting the following:
‘‘(19) conduct strict monitoring of State compliance with
the requirements in effect, under this Act to prohibit conflicts
of interest and to maintain the integrity and public purpose
of services provided and service providers, under this Act in
all contractual and commercial relationships;’’;
(F) by striking paragraph (21) (as redesignated) and
inserting the following:
‘‘(21) establish information and assistance services as pri-
ority services for older individuals, and develop and operate,
either directly or through contracts, grants, or cooperative
agreements, a National Eldercare Locator Service, providing
information and assistance services through a nationwide toll-
free number to identify community resources for older individ-
uals;’’;
(G) by striking paragraph (24) (as redesignated) and
inserting the following:
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‘‘(24) establish and carry out pension counseling and
information programs described in section 215;’’; and
(H) by striking paragraph (27) and redesignating the
remaining paragraphs;
(I) by adding a new paragraph (27):
‘‘(27) improve the delivery of services to older individuals
living in rural areas through—
‘‘(A) synthesizing results of research on how best to
meet the service needs of older individuals in rural areas;
‘‘(B) developing a resource guide on best practices for
States, area agencies on aging, and service providers;
‘‘(C) providing training and technical assistance to
States to implement these best practices of service delivery;
and
‘‘(D) submitting a report on the States’ experiences
in implementing these best practices and the effect these
innovations are having on improving service delivery in
rural areas to the relevant committees not later than 36
months after enactment.’’;
(2) in subsection (d)(4), by striking ‘‘1990’’ and inserting
‘‘2000’’; and
(3) by adding at the end the following:
‘‘(f )(1) The Assistant Secretary, in accordance with the process
described in paragraph (2), and in collaboration with a representa-
tive group of State agencies, tribal organizations, area agencies
on aging, and providers of services involved in the performance
outcome measures shall develop and publish by December 31, 2001,
a set of performance outcome measures for planning, managing,
and evaluating activities performed and services provided under
this Act. To the maximum extent possible, the Assistant Secretary
shall use data currently collected (as of the date of development
of the measures) by State agencies, area agencies on aging, and
service providers through the National Aging Program Information
System and other applicable sources of information in developing
such measures.
‘‘(2) The process for developing the performance outcome meas-
ures described in paragraph (1) shall include—
‘‘(A) a review of such measures currently in use by State
agencies and area agencies on aging (as of the date of the
review);
‘‘(B) development of a proposed set of such measures that
provides information about the major activities performed and
services provided under this Act;
‘‘(C) pilot testing of the proposed set of such measures,
including an identification of resource, infrastructure, and data
collection issues at the State and local levels; and
‘‘(D) evaluation of the pilot test and recommendations for
modification of the proposed set of such measures.’’.
SEC. 202. FEDERAL AGENCY CONSULTATION.
Title II of the Older Americans Act of 1965 (42 U.S.C. 3011
et seq.) is amended—
(1) in section 203(a)(3)(A), by inserting ‘‘and older individ-
uals residing in rural areas’’ after ‘‘low-income minority older
individuals’’;
(2) by striking section 204 and inserting the following:
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‘‘SEC. 204. GIFTS AND DONATIONS.
‘‘(a) GIFTS
AND DONATIONS.—The Assistant Secretary may
accept, use, and dispose of, on behalf of the United States, gifts
or donations (in cash or in kind, including voluntary and uncompen-
sated services or property), which shall be available until expended
for the purposes specified in subsection (b). Gifts of cash and pro-
ceeds of the sale of property shall be available in addition to
amounts appropriated to carry out this Act.
‘‘(b) USE
OF GIFTS
AND DONATIONS.—Gifts and donations
accepted pursuant to subsection (a) may be used either directly,
or for grants to or contracts with public or nonprofit private entities,
for the following activities:
‘‘(1) The design and implementation of demonstrations of
innovative ideas and best practices in programs and services
for older individuals.
‘‘(2) The planning and conduct of conferences for the pur-
pose of exchanging information, among concerned individuals
and public and private entities and organizations, relating to
programs and services provided under this Act and other pro-
grams and services for older individuals.
‘‘(3) The development, publication, and dissemination of
informational materials (in print, visual, electronic, or other
media) relating to the programs and services provided under
this Act and other matters of concern to older individuals.
‘‘(c) ETHICS GUIDELINES.—The Assistant Secretary shall estab-
lish written guidelines setting forth the criteria to be used in
determining whether a gift or donation should be declined under
this section because the acceptance of the gift or donation would—
‘‘(1) reflect unfavorably upon the ability of the Administra-
tion, the Department of Health and Human Services, or any
employee of the Administration or Department, to carry out
responsibilities or official duties under this Act in a fair and
objective manner; or
‘‘(2) compromise the integrity or the appearance of integrity
of programs or services provided under this Act or of any
official involved in those programs or services.’’;
(3) in section 205, by striking subsections (c) and (d) and
redesignating subsection (e) as subsection (c);
(4) by redesignating section 215 as section 216; and
(5) by inserting after section 214 the following:
‘‘SEC. 215. PENSION COUNSELING AND INFORMATION PROGRAMS.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) PENSION AND OTHER RETIREMENT BENEFITS.—The term
‘pension and other retirement benefits’ means private, civil
service, and other public pensions and retirement benefits,
including benefits provided under—
‘‘(A) the Social Security program under title II of the
Social Security Act (42 U.S.C. 401 et seq.);
‘‘(B) the railroad retirement program under the Rail-
road Retirement Act of 1974 (45 U.S.C. 231 et seq.);
‘‘(C) the government retirement benefits programs
under the Civil Service Retirement System set forth in
chapter 83 of title 5, United States Code, the Federal
Employees Retirement System set forth in chapter 84 of
title 5, United States Code, or other Federal retirement
systems; or
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‘‘(D) employee pension benefit plans as defined in sec-
tion 3(2) of the Employee Retirement Income Security Act
of 1974 (29 U.S.C. 1002(2)).
‘‘(2) PENSION COUNSELING AND INFORMATION PROGRAM.—
The term ‘pension counseling and information program’ means
a program described in subsection (b).
‘‘(b) PROGRAM AUTHORIZED.—The Assistant Secretary shall
award grants to eligible entities to establish and carry out pension
counseling and information programs that create or continue a
sufficient number of pension assistance and counseling programs
to provide outreach, information, counseling, referral, and other
assistance regarding pension and other retirement benefits, and
rights related to such benefits, to individuals in the United States.
‘‘(c) ELIGIBLE ENTITIES.—The Assistant Secretary shall award
grants under this section to—
‘‘(1) State agencies or area agencies on aging; and
‘‘(2) nonprofit organizations with a proven record of
providing—
‘‘(A) services related to retirement of older individuals;
‘‘(B) services to Native Americans; or
‘‘(C) specific pension counseling.
‘‘(d) CITIZEN ADVISORY PANEL.—The Assistant Secretary shall
establish a citizen advisory panel to advise the Assistant Secretary
regarding which entities should receive grant awards under this
section. Such panel shall include representatives of business, labor,
national senior advocates, and national pension rights advocates.
The Assistant Secretary shall consult such panel prior to awarding
grants under this section.
‘‘(e) APPLICATION.—To be eligible to receive a grant under this
section, an entity shall submit an application to the Assistant
Secretary at such time, in such manner, and containing such
information as the Assistant Secretary may require, including—
‘‘(1) a plan to establish a pension counseling and informa-
tion program that—
‘‘(A) establishes or continues a State or area pension
counseling and information program;
‘‘(B) serves a specific geographic area;
‘‘(C) provides counseling (including direct counseling
and assistance to individuals who need information
regarding pension and other retirement benefits) and
information that may assist individuals in obtaining, or
establishing rights to, and filing claims or complaints
regarding, pension and other retirement benefits;
‘‘(D) provides information on sources of pension and
other retirement benefits;
‘‘(E) establishes a system to make referrals for legal
services and other advocacy programs;
‘‘(F) establishes a system of referral to Federal, State,
and local departments or agencies related to pension and
other retirement benefits;
‘‘(G) provides a sufficient number of staff positions
(including volunteer positions) to ensure information, coun-
seling, referral, and assistance regarding pension and other
retirement benefits;
‘‘(H) provides training programs for staff members,
including volunteer staff members, of pension and other
retirement benefits programs;
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‘‘(I) makes recommendations to the Administration, the
Department of Labor and other Federal, State, and local
agencies concerning issues for older individuals related to
pension and other retirement benefits; and
‘‘(J) establishes or continues an outreach program to
provide information, counseling, referral and assistance
regarding pension and other retirement benefits, with par-
ticular emphasis on outreach to women, minorities, older
individuals residing in rural areas and low income retirees;
and
‘‘(2) an assurance that staff members (including volunteer
staff members) have no conflict of interest in providing the
services described in the plan described in paragraph (1).
‘‘(f ) CRITERIA.—The Assistant Secretary shall consider the fol-
lowing criteria in awarding grants under this section:
‘‘(1) Evidence of a commitment by the entity to carry out
a proposed pension counseling and information program.
‘‘(2) The ability of the entity to perform effective outreach
to affected populations, particularly populations that are identi-
fied in need of special outreach.
‘‘(3) Reliable information that the population to be served
by the entity has a demonstrable need for the services proposed
to be provided under the program.
‘‘(4) The ability of the entity to provide services under
the program on a statewide or regional basis.
‘‘(g) TRAINING AND TECHNICAL ASSISTANCE PROGRAM.—
‘‘(1) IN GENERAL.—The Assistant Secretary shall award
grants to eligible entities to establish training and technical
assistance programs that shall provide information and
technical assistance to the staffs of entities operating pen-
sion counseling and information programs described in sub-
section (b), and general assistance to such entities,
including assistance in the design of program evaluation
tools.
‘‘(2) ELIGIBLE ENTITIES.—Entities that are eligible to
receive a grant under this subsection include nonprofit
private organizations with a record of providing national
information, referral, and advocacy in matters related to
pension and other retirement benefits.
‘‘(3) APPLICATION.—To be eligible to receive a grant
under this subsection, an entity shall submit an application
to the Assistant Secretary at such time, in such manner,
and containing such information as the Assistant Secretary
may require.
‘‘(h) PENSION ASSISTANCE HOTLINE AND INTRAGENCY COORDINA-
TION.—
‘‘(1) HOTLINE.—The Assistant Secretary shall enter into
agreements with other Federal agencies to establish and admin-
ister a national telephone hotline that shall provide information
regarding pension and other retirement benefits, and rights
related to such benefits.
‘‘(2) CONTENT.—Such hotline described in paragraph (1)
shall provide information for individuals seeking outreach,
information, counseling, referral, and assistance regarding pen-
sion and other retirement benefits, and rights related to such
benefits.
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‘‘(3) AGREEMENTS.—The Assistant Secretary may enter into
agreements with the Secretary of Labor and the heads of other
Federal agencies that regulate the provision of pension and
other retirement benefits in order to carry out this subsection.
‘‘(i) REPORT TO CONGRESS.—Not later than 30 months after
the date of the enactment of this section, the Assistant Secretary
shall submit to the Committee on Education and the Workforce
of the House of Representatives and the Committee on Health,
Education, Labor and Pensions of the Senate a report that—
‘‘(1) summarizes the distribution of funds authorized for
grants under this section and the expenditure of such funds;
‘‘(2) summarizes the scope and content of training and
assistance provided under a program carried out under this
section and the degree to which the training and assistance
can be replicated;
‘‘(3) outlines the problems that individuals participating
in programs funded under this section encountered concerning
rights related to pension and other retirement benefits; and
‘‘(4) makes recommendations regarding the manner in
which services provided in programs funded under this section
can be incorporated into the ongoing programs of State agen-
cies, area agencies on aging, multipurpose senior centers and
other similar entities.
‘‘( j) ADMINISTRATIVE EXPENSES.—Of the funds appropriated
under section 216 to carry out this section for a fiscal year, not
more than $100,000 may be used by the Administration for adminis-
trative expenses.’’.
SEC. 203. EVALUATION.
Section 206 of the Older Americans Act of 1965 (42 U.S.C.
3017) is amended—
(1) in subsection (a), by inserting ‘‘and older individuals
residing in rural areas’’ after ‘‘low-income minority individuals’’
each place it appears;
(2) in subsection (c), by inserting ‘‘, older individuals
residing in rural areas’’ after ‘‘minority individuals’’;
(3) by striking subsection (g); and
(4) by redesignating subsection (h) as subsection (g).
SEC. 204. REPORTS.
Section 207 of the Older Americans Act of 1965 (42 U.S.C.
3018) is amended—
(1) in subsection (a)(4), by inserting ‘‘older individuals
residing in rural areas,’’ after ‘‘low-income minority individ-
uals,’’; and
(2) in subsection (c)(5) by inserting ‘‘and older individuals
residing in rural areas’’ after ‘‘low-income minority individuals’’
each place it appears.
SEC. 205. AUTHORIZATION OF APPROPRIATIONS.
Section 216 of the Older Americans Act of 1965 (42 U.S.C.
3020f) (as redesignated by section 202) is amended—
(1) in subsection (a)—
(A) by striking ‘‘(a) ADMINISTRATION.—’’ and inserting
‘‘(a) IN GENERAL.—’’;
(B) by striking ‘‘1992’’ and all that follows through
the period and inserting ‘‘2001, 2002, 2003, 2004, and
2005’’; and
H. R. 782—10
(C) by inserting ‘‘administration, salaries, and expenses
of’’ after ‘‘appropriated for’’; and
(2) by striking subsection (b) and inserting the following:
‘‘(b) ELDERCARE LOCATOR SERVICE.—There are authorized to
be appropriated to carry out section 202(a)(24) (relating to the
National Eldercare Locator Service) such sums as may be necessary
for fiscal year 2001, and such sums as may be necessary for each
of the 4 succeeding fiscal years.
‘‘(c) PENSION COUNSELING AND INFORMATION PROGRAMS.—There
are authorized to be appropriated to carry out section 215, such
sums as may be necessary for fiscal year 2001 and for each of
the 4 succeeding fiscal years.’’.
Subtitle B—Amendments to the Older
Americans Act Amendments of 1987
SEC. 211. WHITE HOUSE CONFERENCE.
Title II of the Older Americans Act Amendments of 1987 (42
U.S.C. 3001 note) is amended—
(1) by striking section 201;
(2) by redesignating sections 202, 203, 204, 205, 206, and
207, as sections 201, 202, 203, 204, 205, and 206, respectively;
(3) in section 201 (as redesignated by paragraph (2))—
(A) by striking subsections (a), (b), and (c) and inserting
the following:
‘‘(a) AUTHORITY
TO
CALL
CONFERENCE.—Not later than
December 31, 2005, the President shall convene the White House
Conference on Aging in order to fulfill the purpose set forth in
subsection (c) and to make fundamental policy recommendations
regarding programs that are important to older individuals and
to the families and communities of such individuals.
‘‘(b) PLANNING AND DIRECTION.—The Conference described in
subsection (a) shall be planned and conducted under the direction
of the Secretary, in cooperation with the Assistant Secretary for
Aging, the Director of the National Institute on Aging, the Adminis-
trator of the Health Care Financing Administration, the Social
Security Administrator, and the heads of such other Federal agen-
cies serving older individuals as are appropriate. Planning and
conducting the Conference includes the assignment of personnel.
‘‘(c) PURPOSE.—The purpose of the Conference described in sub-
section (a) shall be to gather individuals representing the spectrum
of thought and experience in the field of aging to—
‘‘(1) evaluate the manner in which the objectives of this
Act can be met by using the resources and talents of older
individuals, of families and communities of such individuals,
and of individuals from the public and private sectors;
‘‘(2) evaluate the manner in which national policies that
are related to economic security and health care are prepared
so that such policies serve individuals born from 1946 to 1964
and later, as the individuals become older individuals, including
an examination of the Social Security, Medicare, and Medicaid
programs carried out under titles II, XVIII, and XIX of the
Social Security Act (42 U.S.C. 401 et seq., 1395 et seq., and
1396 et seq.) in relation to providing services under this Act,
and determine how well such policies respond to the needs
of older individuals; and
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‘‘(3) develop not more than 50 recommendations to guide
the President, Congress, and Federal agencies in serving older
individuals.’’; and
(B) in subsection (d)(2), by striking ‘‘and individuals
from low-income families.’’ and inserting ‘‘individuals from
low-income families, representatives of Federal, State, and
local governments, and individuals from rural areas. A
majority of such delegates shall be age 55 or older.’’;
(4) in section 202 (as redesignated by paragraph (2))—
(A) in subsection (a)—
(i) by striking paragraph (3); and
(ii) by redesignating paragraphs (4), (5), and (6)
as paragraphs (3), (4), and (5), respectively;
(B) in subsection (b)—
(i) by striking paragraph (1);
(ii) by redesignating paragraphs (2), (3), (4), and
(5) as paragraphs (1), (2), (3), and (4) respectively;
(iii) in paragraph (1) (as redesignated by clause
(ii))—
(I) by striking ‘‘subsection (a)(4)’’ and inserting
‘‘subsection (a)(3)’’; and
(II) by striking ‘‘regarding such agenda,’’ and
inserting ‘‘regarding such agenda, and’’; and
(iv) in paragraph (2) (as redesignated by clause
(ii)), by striking ‘‘subsection (a)(6)’’ and inserting ‘‘sub-
section (a)(5)’’; and
(C) in subsection (c), by adding at the end ‘‘Gifts may
be earmarked by the donor or the executive committee
for a specific purpose.’’;
(5) in section 203(a) (as redesignated by paragraph (2))—
(A) by striking paragraph (1) and inserting the fol-
lowing:
‘‘(1) ESTABLISHMENT.—There is established a Policy Com-
mittee comprised of 17 members to be selected, not later than
2 years prior to the date on which the Conference convenes,
as follows:
‘‘(A) PRESIDENTIAL APPOINTEES.—Nine members shall
be selected by the President and shall include—
‘‘(i) three members who are officers or employees
of the United States; and
‘‘(ii) six members with experience in the field of
aging, including providers and consumers of aging serv-
ices.
‘‘(B) HOUSE
APPOINTEES.—Two members shall be
selected by the Speaker of the House of Representatives,
after consultation with the Committee on Education and
the Workforce and the Committee on Ways and Means
of the House of Representatives, and two members shall
be selected by the Minority Leader of the House of Rep-
resentatives, after consultation with such committees.
‘‘(C) SENATE
APPOINTEES.—Two members shall be
selected by the Majority Leader of the Senate, after con-
sultation with members of the Committee on Health, Edu-
cation, Labor, and Pensions and the Special Committee
on Aging of the Senate, and two members shall be selected
by the Minority Leader of the Senate, after consultation
with members of such committees.’’;
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(B) in paragraph (2)—
(i) in subparagraph (B), by striking ‘‘Committee’’
and inserting ‘‘Committee for the Secretary’’; and
(ii) by striking subparagraphs (D) and (E) and
inserting the following:
‘‘(D) establish the number of delegates to be selected
under section 201(d)(2);
‘‘(E) establish an executive committee consisting of
three to five members, with a majority of such members
being age 55 or older, to work with Conference staff; and
‘‘(F) establish other committees as needed that have
a majority of members who are age 55 or older.’’; and
(C) by striking paragraph (3) and inserting the fol-
lowing:
‘‘(3) VOTING; CHAIRPERSON.—
‘‘(A) VOTING.—The Policy Committee shall act by the
vote of a majority of the members present. A quorum
of Committee members shall not be required to conduct
Committee business.
‘‘(B) CHAIRPERSON.—The President shall select the
chairperson from among the members of the Policy Com-
mittee. The chairperson may vote only to break a tie vote
of the other members of the Policy Committee.’’;
(6) by striking section 204 (as redesignated by paragraph
(2)) and inserting the following:
‘‘SEC. 204. REPORT OF THE CONFERENCE.
‘‘(a) PRELIMINARY REPORT.—Not later than 100 days after the
date on which the Conference adjourns, the Policy Committee shall
publish and deliver to the chief executive officers of the States
a preliminary report on the Conference. Comments on the prelimi-
nary report of the Conference shall be accepted by the Policy Com-
mittee.
‘‘(b) FINAL REPORT.—Not later than 6 months after the date
on which the Conference adjourns, the Policy Committee shall pub-
lish and transmit to the President and to Congress recommenda-
tions resulting from the Conference and suggestions for any
administrative action and legislation necessary to implement the
recommendations contained within the report.’’; and
(7) in section 206 (as redesignated by paragraph (2))—
(A) in subsection (a), by striking paragraph (1) and
inserting the following:
‘‘(1) IN GENERAL.—There are authorized to be appropriated
to carry out this section—
‘‘(A) such sums as may be necessary for the first fiscal
year in which the Policy Committee plans the Conference
and for the following fiscal year; and
‘‘(B) such sums as may be necessary for the fiscal
year in which the Conference is held.’’; and
(B) in subsection (b)—
(i) in paragraph (1), by striking ‘‘section 203(c)’’
and inserting ‘‘section 202(c)’’; and
(ii) in paragraph (3), by striking ‘‘December 31,
1995’’ and inserting ‘‘December 31, 2005’’.
H. R. 782—13
TITLE III—AMENDMENTS TO TITLE III
OF THE OLDER AMERICANS ACT OF
1965
SEC. 301. PURPOSE.
Section 301 of the Older Americans Act of 1965 (42 U.S.C.
3021) is amended by adding at the end the following:
‘‘(d)(1) Any funds received under an allotment as described
in section 304(a), or funds contributed toward the non-Federal
share under section 304(d), shall be used only for activities and
services to benefit older individuals and other individuals as specifi-
cally provided for in this title.
‘‘(2) No provision of this title shall be construed as prohibiting
a State agency or area agency on aging from providing services
by using funds from sources not described in paragraph (1).’’.
SEC. 302. AUTHORIZATION OF APPROPRIATIONS.
Section 303 of the Older Americans Act of 1965 (42 U.S.C
3023) is amended—
(1) by striking subsection (a)(1) and inserting the following:
‘‘(a)(1) There are authorized to be appropriated to carry out
part B (relating to supportive services) such sums as may be nec-
essary for fiscal year 2001, and such sums as may be necessary
for each of the 4 succeeding fiscal years.’’;
(2) by striking subsection (b) and inserting the following:
‘‘(b)(1) There are authorized to be appropriated to carry out
subpart 1 of part C (relating to congregate nutrition services) such
sums as may be necessary for fiscal year 2001, and such sums
as may be necessary for each of the 4 succeeding fiscal years.
‘‘(2) There are authorized to be appropriated to carry out sub-
part 2 of part C (relating to home delivered nutrition services)
such sums as may be necessary for fiscal year 2001, and such
sums as may be necessary for each of the 4 succeeding fiscal
years.’’; and
(3) by striking subsections (d) through (g) and inserting
the following:
‘‘(d) There are authorized to be appropriated to carry out part
D (relating to disease prevention and health promotion services)
such sums as may be necessary for fiscal year 2001, and such
sums as may be necessary for each of the 4 succeeding fiscal
years.
‘‘(e)(1) There are authorized to be appropriated to carry out
part E (relating to family caregiver support) $125,000,000 for fiscal
year 2001 if the aggregate amount appropriated under subsection
(a)(1) (relating to part B, supportive services), paragraphs (1)
(relating to subpart 1 of part C, congregate nutrition services)
and (2) (relating to subpart 2 of part C, home delivered nutrition
services) of subsection (b), and (d) (relating to part D, disease
prevention and health promotion services) of this section for fiscal
year 2001 is not less than the aggregate amount appropriated
under subsection (a)(1), paragraphs (1) and (2) of subsection (b),
and subsection (d) of section 303 of the Older Americans Act of
1965 for fiscal year 2000.
H. R. 782—14
‘‘(2) There are authorized to be appropriated to carry out part
E (relating to family caregiver support) such sums as may be
necessary for each of the 4 succeeding fiscal years.
‘‘(3) Of the funds appropriated under paragraphs (1) and (2)—
‘‘(A) 4 percent of such funds shall be reserved to carry
out activities described in section 375; and
‘‘(B) 1 percent of such funds shall be reserved to carry
out activities described in section 376.’’.
SEC. 303. ALLOTMENT; FEDERAL SHARE.
(a) IN GENERAL.—Section 304 of the Older Americans Act of
1965 (42 U.S.C. 3024) is amended by striking subsection (a) and
inserting the following:
‘‘(a)(1) From the sums appropriated under subsections (a)
through (d) of section 303 for each fiscal year, each State shall
be allotted an amount which bears the same ratio to such sums
as the population of older individuals in such State bears to the
population of older individuals in all States.
‘‘(2) In determining the amounts allotted to States from the
sums appropriated under section 303 for a fiscal year, the Assistant
Secretary shall first determine the amount allotted to each State
under paragraph (1) and then proportionately adjust such amounts,
if necessary, to meet the requirements of paragraph (3).
‘‘(3)(A) No State shall be allotted less than 1⁄2 of 1 percent
of the sum appropriated for the fiscal year for which the determina-
tion is made.
‘‘(B) Guam and the United States Virgin Islands shall each
be allotted not less than 1⁄4 of 1 percent of the sum appropriated
for the fiscal year for which the determination is made.
‘‘(C) American Samoa and the Commonwealth of the Northern
Mariana Islands shall each be allotted not less than 1⁄16 of 1
percent of the sum appropriated for the fiscal year for which the
determination is made. For the purposes of the exception contained
in subparagraph (A) only, the term ‘‘State’’ does not include Guam,
American Samoa, the United States Virgin Islands, and the
Commonwealth of the Northern Mariana Islands.
‘‘(D) No State shall be allotted less than the total amount
allotted to the State for fiscal year 2000 and no State shall receive
a percentage increase above the fiscal year 2000 allotment that
is less than 20 percent of the percentage increase above the fiscal
year 2000 allotments for all of the States.
‘‘(4) The number of individuals aged 60 or older in any State
and in all States shall be determined by the Assistant Secretary
on the basis of the most recent data available from the Bureau
of the Census, and other reliable demographic data satisfactory
to the Assistant Secretary.
‘‘(5) State allotments for a fiscal year under this section shall
be proportionally reduced to the extent that appropriations may
be insufficient to provide the full allotments of the prior year.’’.
(b) AVAILABILITY OF FUNDS FOR REALLOTMENT.—Section 304(b)
of the Older Americans Act of 1965 (42 U.S.C. 3024(b)) is amended
in the first sentence by striking ‘‘part B or C’’ and inserting ‘‘part
B or C, or subpart 1 of part E,’’.
SEC. 304. ORGANIZATION.
Section 305(a) of the Older Americans Act of 1965 (42 U.S.C.
3025(a)) is amended by—
H. R. 782—15
(1) in paragraph (1)(E), by inserting ‘‘and older individuals
residing in rural areas’’ after ‘‘low-income minority individuals’’
each place it appears; and
(2) in paragraph (2)—
(A) in subparagraph (E) by striking ‘‘,’’ and inserting
‘‘and older individuals residing in rural areas,’’ after ‘‘low-
income minority individuals’’;
(B) in subparagraph (G)(i) by inserting ‘‘and older
individuals residing in rural areas’’ after ‘‘low-income
minority older individuals’’; and
(C) in subparagraph (G)(ii) by inserting ‘‘and older
individuals residing in rural areas’’ after ‘‘low-income
minority individuals’’.
SEC. 305. AREA PLANS.
(a) IN GENERAL.—Section 306(a) of the Older Americans Act
of 1965 (42 U.S.C. 3026(a)) is amended—
(1) in paragraph (1), by inserting ‘‘and older individuals
residing in rural areas’’ after ‘‘low-income minority individuals’’
in each place it appears;
(2) in paragraph (2)—
(A) in the matter preceding subparagraph (A), by
striking 
‘‘section 
307(a)(22)’’ 
and 
inserting 
‘‘section
307(a)(2)’’;
(B) in subparagraph (B), by striking ‘‘services (home-
maker’’ and all that follows through ‘‘maintenance, and’’
and inserting ‘‘services, including’’; and
(C) in the matter following subparagraph (C), by
striking ‘‘and specify annually in such plan, as submitted
or as amended,’’ and inserting ‘‘and assurances that the
area agency on aging will report annually to the State
agency’’;
(3) in paragraph (3)(A), by striking ‘‘paragraph (6)(E)(ii)’’
and inserting ‘‘paragraph (6)(C)’’;
(4)(A) by striking paragraph (4); and
(B) by redesignating paragraph (5) as paragraph (4);
(5) in paragraph (4)(A)(i) (as redesignated) by inserting
‘‘and older individuals residing in rural areas’’ after ‘‘low-income
minority individuals’’;
(6) in paragraph (4)(A)(ii) (as redesignated) by inserting
‘‘and older individuals residing in rural areas’’ after ‘‘low-income
minority individuals’’ each place it appears;
(7) in paragraph (4)(B)(i) (as redesignated) by inserting
‘‘and older individuals residing in rural areas’’ after ‘‘low-income
minority individuals’’ each place it appears;
(8) in paragraph (4)(C) (as redesignated) by inserting ‘‘and
older individuals residing in rural areas’’ after ‘‘low-income
minority older individuals’’;
(9) by inserting after paragraph (4) (as redesignated by
paragraph (3)) the following:
‘‘(5) provide assurances that the area agency on aging
will coordinate planning, identification, assessment of needs,
and provision of services for older individuals with disabilities,
with particular attention to individuals with severe disabilities,
with agencies that develop or provide services for individuals
with disabilities;’’;
(10) in paragraph (6)—
H. R. 782—16
(A) by striking subparagraphs (A), (B), (G), (I), (J),
(K), (L), (O), (P), (Q), (R), and (S);
(B) by redesignating subparagraphs (C), (D), (E), (F),
(H), (M), and (N) as subparagraphs (A), (B), (C), (D), (E),
(F), and (G), respectively;
(C) in subparagraph (C) (as redesignated by subpara-
graph (B)), by striking ‘‘or adults’’ and inserting ‘‘, assist-
ance to older individuals caring for relatives who are chil-
dren’’;
(D) in subparagraph (D) (as redesignated by subpara-
graph (B)), by inserting ‘‘and older individuals residing
in rural areas’’ after ‘‘minority individuals’’; and
(E) in subparagraph (F) (as redesignated by subpara-
graph (B)), by adding ‘‘and’’ after the semicolon;
(11) by striking paragraphs (7) through (13) and inserting
the following:
‘‘(7) provide that the area agency on aging will facilitate
the coordination of community-based, long-term care services
designed to enable older individuals to remain in their homes,
by means including—
‘‘(A) development of case management services as a
component of the long-term care services, consistent with
the requirements of paragraph (8);
‘‘(B) involvement of long-term care providers in the
coordination of such services; and
‘‘(C) increasing community awareness of and involve-
ment in addressing the needs of residents of long-term
care facilities;
‘‘(8) provide that case management services provided under
this title through the area agency on aging will—
‘‘(A) not duplicate case management services provided
through other Federal and State programs;
‘‘(B) be coordinated with services described in subpara-
graph (A); and
‘‘(C) be provided by a public agency or a nonprofit
private agency that—
‘‘(i) gives each older individual seeking services
under this title a list of agencies that provide similar
services within the jurisdiction of the area agency on
aging;
‘‘(ii) gives each individual described in clause (i)
a statement specifying that the individual has a right
to make an independent choice of service providers
and documents receipt by such individual of such state-
ment;
‘‘(iii) has case managers acting as agents for the
individuals receiving the services and not as promoters
for the agency providing such services; or
‘‘(iv) is located in a rural area and obtains a waiver
of the requirements described in clauses (i) through
(iii);
‘‘(9) provide assurances that the area agency on aging,
in carrying out the State Long-Term Care Ombudsman program
under section 307(a)(9), will expend not less than the total
amount of funds appropriated under this Act and expended
by the agency in fiscal year 2000 in carrying out such a program
under this title;
H. R. 782—17
‘‘(10) provide a grievance procedure for older individuals
who are dissatisfied with or denied services under this title;
‘‘(11) provide information and assurances concerning serv-
ices to older individuals who are Native Americans (referred
to in this paragraph as ‘older Native Americans’), including—
‘‘(A) information concerning whether there is a signifi-
cant population of older Native Americans in the planning
and service area and if so, an assurance that the area
agency on aging will pursue activities, including outreach,
to increase access of those older Native Americans to pro-
grams and benefits provided under this title;
‘‘(B) an assurance that the area agency on aging will,
to the maximum extent practicable, coordinate the services
the agency provides under this title with services provided
under title VI; and
‘‘(C) an assurance that the area agency on aging will
make services under the area plan available, to the same
extent as such services are available to older individuals
within the planning and service area, to older Native
Americans; and
‘‘(12) provide that the area agency on aging will establish
procedures for coordination of services with entities conducting
other Federal or federally assisted programs for older individ-
uals at the local level, with particular emphasis on entities
conducting programs described in section 203(b) within the
planning and service area.’’;
(12) by redesignating paragraph (14) as paragraph (13);
(13) by inserting after paragraph (13) (as redesignated
by paragraph (7)) the following:
‘‘(14) provide assurances that funds received under this
title will not be used to pay any part of a cost (including
an administrative cost) incurred by the area agency on aging
to carry out a contract or commercial relationship that is not
carried out to implement this title; and
‘‘(15) provide assurances that preference in receiving serv-
ices under this title will not be given by the area agency
on aging to particular older individuals as a result of a contract
or commercial relationship that is not carried out to implement
this title.’’; and
(14) by striking paragraphs (17) through (20).
(b) WAIVERS.—Section 306(b) of the Older Americans Act of
1965 (42 U.S.C. 3026(b)) is amended—
(1) in paragraph (1), by striking ‘‘(1)’’ and inserting before
the period ‘‘and had conducted a timely public hearing upon
request’’; and
(2) by striking paragraph (2).
SEC. 306. STATE PLANS.
Section 307(a) of the Older Americans Act of 1965 (42 U.S.C.
3027(a)) is amended—
(1) by striking paragraphs (1) through (5) and inserting
the following:
‘‘(1) The plan shall—
‘‘(A) require each area agency on aging designated
under section 305(a)(2)(A) to develop and submit to the
State agency for approval, in accordance with a uniform
H. R. 782—18
format developed by the State agency, an area plan meeting
the requirements of section 306; and
‘‘(B) be based on such area plans.
‘‘(2) The plan shall provide that the State agency will—
‘‘(A) evaluate, using uniform procedures described in
section 202(a)(29), the need for supportive services
(including legal assistance pursuant to 307(a)(11), informa-
tion and assistance, and transportation services), nutrition
services, and multipurpose senior centers within the State;
‘‘(B) develop a standardized process to determine the
extent to which public or private programs and resources
(including volunteers and programs and services of vol-
untary organizations) that have the capacity and actually
meet such need; and
‘‘(C) specify a minimum proportion of the funds
received by each area agency on aging in the State to
carry out part B that will be expended (in the absence
of a waiver under section 306(b) or 316) by such area
agency on aging to provide each of the categories of services
specified in section 306(a)(2).
‘‘(3) The plan shall—
‘‘(A) include (and may not be approved unless the
Assistant Secretary approves) the statement and dem-
onstration required by paragraphs (2) and (4) of section
305(d) (concerning intrastate distribution of funds); and
‘‘(B) with respect to services for older individuals
residing in rural areas—
‘‘(i) provide assurances that the State agency will
spend for each fiscal year, not less than the amount
expended for such services for fiscal year 2000;
‘‘(ii) identify, for each fiscal year to which the
plan applies, the projected costs of providing such serv-
ices (including the cost of providing access to such
services); and
‘‘(iii) describe the methods used to meet the needs
for such services in the fiscal year preceding the first
year to which such plan applies.
‘‘(4) The plan shall provide that the State agency will
conduct periodic evaluations of, and public hearings on, activi-
ties and projects carried out in the State under this title and
title VII, including evaluations of the effectiveness of services
provided to individuals with greatest economic need, greatest
social need, or disabilities, with particular attention to low-
income minority individuals and older individuals residing in
rural areas.
‘‘(5) The plan shall provide that the State agency will—
‘‘(A) afford an opportunity for a hearing upon request,
in accordance with published procedures, to any area
agency on aging submitting a plan under this title, to
any provider of (or applicant to provide) services;
‘‘(B) issue guidelines applicable to grievance procedures
required by section 306(a)(10); and
‘‘(C) afford an opportunity for a public hearing, upon
request, by any area agency on aging, by any provider
of (or applicant to provide) services, or by any recipient
of services under this title regarding any waiver request,
including those under section 316.’’;
H. R. 782—19
(2) in paragraph (7), by striking subparagraph (C);
(3) by striking paragraphs (8) and (9) and inserting the
following:
‘‘(8)(A) The plan shall provide that no supportive services,
nutrition services, or in-home services will be directly provided
by the State agency or an area agency on aging in the State,
unless, in the judgment of the State agency—
‘‘(i) provision of such services by the State agency or
the area agency on aging is necessary to assure an adequate
supply of such services;
‘‘(ii) such services are directly related to such State
agency’s or area agency on aging’s administrative functions;
or
‘‘(iii) such services can be provided more economically,
and with comparable quality, by such State agency or
area agency on aging.
‘‘(B) Regarding case management services, if the State
agency or area agency on aging is already providing case
management services (as of the date of submission of the plan)
under a State program, the plan may specify that such agency
is allowed to continue to provide case management services.
‘‘(C) The plan may specify that an area agency on aging
is allowed to directly provide information and assistance serv-
ices and outreach.
‘‘(9) The plan shall provide assurances that the State
agency will carry out, through the Office of the State Long-
Term Care Ombudsman, a State Long-Term Care Ombudsman
program in accordance with section 712 and this title, and
will expend for such purpose an amount that is not less than
an amount expended by the State agency with funds received
under this title for fiscal year 2000, and an amount that is
not less than the amount expended by the State agency with
funds received under title VII for fiscal year 2000.’’;
(4) by striking paragraph (10) and inserting the following:
‘‘(10) The plan shall provide assurances that the special
needs of older individuals residing in rural areas will be taken
into consideration and shall describe how those needs have
been met and describe how funds have been allocated to meet
those needs.’’;
(5) by striking paragraphs (11), (12), (13), and (14);
(6) by redesignating paragraphs (15) and (16) as paragraphs
(11) and (12), respectively;
(7) by striking paragraph (17);
(8) by redesignating paragraph (18) as paragraph (13);
(9) by striking paragraph (19);
(10) by redesignating paragraph (20) as paragraph (14);
(11) by striking paragraphs (21) and (22);
(12) by redesignating paragraphs (23), (24), (25), and (26)
as paragraphs (15), (16), (17), and (18), respectively;
(13) in paragraph (16) (as redesignated by paragraph (12)),
by inserting ‘‘and older individuals residing in rural areas’’
after ‘‘low-income minority individuals’’ each place it appears;
(14) in paragraph (17) (as redesignated by paragraph (12)),
by inserting ‘‘to enhance services’’ before ‘‘and develop collabo-
rative programs’’;
H. R. 782—20
(15) in paragraph (18) (as redesignated by paragraph (12)),
by striking ‘‘section 306(a)(6)(I)’’ and inserting ‘‘section
306(a)(7)’’;
(16) by striking paragraphs (27), (28), (29), and (31);
(17) by redesignating paragraphs (30) and (32) as para-
graphs (19) and (20), respectively;
(18) by striking paragraphs (33), (34), and (35) and
inserting the following:
‘‘(21) The plan shall—
‘‘(A) provide an assurance that the State agency will
coordinate programs under this title and programs under
title VI, if applicable; and
‘‘(B) provide an assurance that the State agency will
pursue activities to increase access by older individuals
who are Native Americans to all aging programs and bene-
fits provided by the agency, including programs and bene-
fits provided under this title, if applicable, and specify
the ways in which the State agency intends to implement
the activities.’’;
(19) by redesignating paragraph (36) as paragraph (22);
(20) by striking paragraphs (37), (38), (39), (40), and (43);
(21) by redesignating paragraphs (41), (42), and (44) as
paragraphs (23), (24), and (25), respectively; and
(22) by adding at the end the following:
‘‘(26) The plan shall provide assurances that funds received
under this title will not be used to pay any part of a cost
(including an administrative cost) incurred by the State agency
or an area agency on aging to carry out a contract or commercial
relationship that is not carried out to implement this title.’’.
SEC. 307. PLANNING, COORDINATION, EVALUATION, AND ADMINISTRA-
TION OF STATE PLANS.
Section 308(b) of the Older Americans Act of 1965 (42 U.S.C.
3028(b)) is amended—
(1) in paragraph (4)—
(A) in subparagraph (A)—
(i) by striking ‘‘in its plan under section 307(a)(13)
regarding Part C of this title,’’; and
(ii) by striking ‘‘30 percent’’ and inserting ‘‘40 per-
cent’’;
(B) in subparagraph (B)—
(i) by striking ‘‘for fiscal year 1993, 1994, 1995,
or 1996’’ and inserting ‘‘for any fiscal year’’; and
(ii) by striking ‘‘to satisfy such need—’’ and all
that follows and inserting ‘‘to satisfy such need an
additional 10 percent of the funds so received by a
State and attributable to funds appropriated under
paragraph (1) or (2) of section 303(b).’’; and
(C) by adding at the end the following:
‘‘(C) A State’s request for a waiver under subparagraph (B)
shall—
‘‘(i) be not more than one page in length;
‘‘(ii) include a request that the waiver be granted;
‘‘(iii) specify the amount of the funds received by a State
and attributable to funds appropriated under paragraph (1)
or (2) of section 303(b), over the permissible 40 percent referred
H. R. 782—21
to in subparagraph (A), that the State requires to satisfy the
need for services under subpart 1 or 2 of part C; and
‘‘(iv) not include a request for a waiver with respect to
an amount if the transfer of the amount would jeopardize
the appropriate provision of services under subpart 1 or 2
of part C.’’; and
(2) by striking paragraph (5) and inserting the following:
‘‘(5)(A)Notwithstanding any other provision of this title, of the
funds received by a State attributable to funds appropriated under
subsection (a)(1), and paragraphs (1) and (2) of subsection (b),
of section 303, the State may elect to transfer not more than
30 percent for any fiscal year between programs under part B
and part C, for use as the State considers appropriate. The State
shall notify the Assistant Secretary of any such election.
‘‘(B) At a minimum, the notification described in subparagraph
(A) shall include a description of the amount to be transferred,
the purposes of the transfer, the need for the transfer, and the
impact of the transfer on the provision of services from which
the funding will be transferred.’’.
SEC. 308. AVAILABILITY OF DISASTER RELIEF FUNDS TO TRIBAL
ORGANIZATIONS.
Section 310 of the Older Americans Act of 1965 (42 U.S.C.
3030) is amended—
(1) in subsection (a)—
(A) in paragraph (1)—
(i) by inserting ‘‘(or to any tribal organization
receiving a grant under title VI)’’ after ‘‘any State’’;
and
(ii) by inserting ‘‘(or funds used by such tribal
organization)’’ before ‘‘for the delivery of supportive
services’’;
(B) in paragraph (2), by inserting ‘‘and such tribal
organizations’’ after ‘‘States’’; and
(C) in paragraph (3), by inserting ‘‘or such tribal
organization’’ after ‘‘State’’ each place it appears; and
(2) in subsections (b)(1) and (c), by inserting ‘‘and such
tribal organizations’’ after ‘‘States’’.
SEC. 309. NUTRITION SERVICES INCENTIVE PROGRAM.
Section 311 of the Older Americans Act of 1965 (42 U.S.C.
3030a) is amended—
(1) in the section heading, by striking ‘‘AVAILABILITY OF
SURPLUS
COMMODITIES’’ and inserting ‘‘NUTRITION
SERVICES
INCENTIVE PROGRAM’’;
(2) by redesignating subsections (a), (b), (c), and (d) as
subsections (c), (d), (e), and (f ), respectively;
(3) by inserting before subsection (c) (as redesignated by
paragraph (2)) the following:
‘‘(a) The purpose of this section is to provide incentives to
encourage and reward effective performance by States and tribal
organizations in the efficient delivery of nutritious meals to older
individuals.
‘‘(b)(1) The Secretary of Agriculture shall allot and provide
in the form of cash or commodities or a combination thereof (at
the discretion of the State) to each State agency with a plan
approved under this title for a fiscal year, and to each grantee
with an application approved under title VI for such fiscal year,
H. R. 782—22
an amount bearing the same ratio to the total amount appropriated
for such fiscal year under subsection (e) as the number of meals
served in the State under such plan approved for the preceding
fiscal year (or the number of meals served by the title VI grantee,
under such application approved for such preceding fiscal year),
bears to the total number of such meals served in all States and
by all title VI grantees under all such plans and applications
approved for such preceding fiscal year.
‘‘(2) For purposes of paragraph (1), in the case of a grantee
that has an application approved under title VI for a fiscal year
but that did not receive assistance under this section for the pre-
ceding fiscal year, the number of meals served by the title VI
grantee for the preceding fiscal year shall be deemed to equal
the number of meals that the Assistant Secretary estimates will
be served by the title VI grantee in the fiscal year for which
the application was approved.’’;
(4) in subsection (c) (as redesignated by paragraph (2)),
by striking paragraph (4);
(5) in subsection (d) (as redesignated by paragraph (2)),
by striking ‘‘Notwithstanding’’ through ‘‘election’’ and inserting
‘‘In any case in which a State elects to receive cash payments,’’;
(6) in subsection (d) (as redesignated by paragraph (2)),
by adding at the end the following:
‘‘(4) Among the commodities delivered under subsection (c),
the Secretary of Agriculture shall give special emphasis to high
protein foods. The Secretary of Agriculture, in consultation with
the Assistant Secretary, is authorized to prescribe the terms and
conditions respecting the donating of commodities under this sub-
section.’’; and
(7) by striking subsection (e) (as redesignated by paragraph
(2)) and inserting the following:
‘‘(e) There are authorized to be appropriated to carry out this
section (other than subsection (c)(1)) such sums as may be necessary
for fiscal year 2001 and such sums as may be necessary for each
of the 4 succeeding fiscal years.’’.
SEC. 310. CONSUMER CONTRIBUTIONS AND WAIVERS.
Part A of title III (42 U.S.C. 3021 et seq.) is amended by
adding at the end the following:
‘‘SEC. 315. CONSUMER CONTRIBUTIONS.
‘‘(a) COST SHARING.—
‘‘(1) IN GENERAL.—Except as provided in paragraphs (2)
and (3), a State is permitted to implement cost sharing for
all services funded by this Act by recipients of the services.
‘‘(2) EXCEPTION.—The State is not permitted to implement
the cost sharing described in paragraph (1) for the following
services:
‘‘(A) Information and assistance, outreach, benefits
counseling, or case management services.
‘‘(B) Ombudsman, elder abuse prevention, legal assist-
ance, or other consumer protection services.
‘‘(C) Congregate and home delivered meals.
‘‘(D) Any services delivered through tribal organiza-
tions.
‘‘(3) PROHIBITIONS.—A State or tribal organization shall
not permit the cost sharing described in paragraph (1) for
any services delivered through tribal organizations. A State
H. R. 782—23
shall not permit cost sharing by a low-income older individual
if the income of such individual is at or below the Federal
poverty line. A State may exclude from cost sharing low-income
individuals whose incomes are above the Federal poverty line.
A State shall not consider any assets, savings, or other property
owned by older individuals when defining low-income individ-
uals who are exempt from cost sharing, when creating a sliding
scale for the cost sharing, or when seeking contributions from
any older individual.
‘‘(4) PAYMENT RATES.—If a State permits the cost sharing
described in paragraph (1), such State shall establish a sliding
scale, based solely on individual income and the cost of deliv-
ering services.
‘‘(5) REQUIREMENTS.—If a State permits the cost sharing
described in paragraph (1), such State shall require each area
agency on aging in the State to ensure that each service pro-
vider involved, and the area agency on aging, will—
‘‘(A) protect the privacy and confidentiality of each
older individual with respect to the declaration or nondec-
laration of individual income and to any share of costs
paid or unpaid by an individual;
‘‘(B) establish appropriate procedures to safeguard and
account for cost share payments;
‘‘(C) use each collected cost share payment to expand
the service for which such payment was given;
‘‘(D) not consider assets, savings, or other property
owned by an older individual in determining whether cost
sharing is permitted;
‘‘(E) not deny any service for which funds are received
under this Act for an older individual due to the income
of such individual or such individual’s failure to make
a cost sharing payment;
‘‘(F) determine the eligibility of older individuals to
cost share solely by a confidential declaration of income
and with no requirement for verification; and
‘‘(G) widely distribute State created written materials
in languages reflecting the reading abilities of older individ-
uals that describe the criteria for cost sharing, the State’s
sliding scale, and the mandate described under subpara-
graph (E).
‘‘(6) WAIVER.—An area agency on aging may request a
waiver to the State’s cost sharing policies, and the State shall
approve such a waiver if the area agency on aging can ade-
quately demonstrate that—
‘‘(A) a significant proportion of persons receiving serv-
ices under this Act subject to cost sharing in the planning
and service area have incomes below the threshold estab-
lished in State policy; or
‘‘(B) cost sharing would be an unreasonable administra-
tive or financial burden upon the area agency on aging.
‘‘(b) VOLUNTARY CONTRIBUTIONS.—
‘‘(1) IN GENERAL.—Voluntary contributions shall be allowed
and may be solicited for all services for which funds are received
under this Act provided that the method of solicitation is non-
coercive.
‘‘(2) LOCAL DECISION.—The area agency on aging shall con-
sult with the relevant service providers and older individuals
H. R. 782—24
in agency’s planning and service area in a State to determine
the best method for accepting voluntary contributions under
this subsection.
‘‘(3) PROHIBITED
ACTS.—The area agency on aging and
service providers shall not means test for any service for which
contributions are accepted or deny services to any individual
who does not contribute to the cost of the service.
‘‘(4) REQUIRED
ACTS.—The area agency on aging shall
ensure that each service provider will—
‘‘(A) provide each recipient with an opportunity to vol-
untarily contribute to the cost of the service;
‘‘(B) clearly inform each recipient that there is no
obligation to contribute and that the contribution is purely
voluntary;
‘‘(C) protect the privacy and confidentiality of each
recipient with respect to the recipient’s contribution or
lack of contribution;
‘‘(D) establish appropriate procedures to safeguard and
account for all contributions; and
‘‘(E) use all collected contributions to expand the
service for which the contributions were given.
‘‘(c) PARTICIPATION.—
‘‘(1) IN GENERAL.—The State and area agencies on aging,
in conducting public hearings on State and area plans, shall
solicit the views of older individuals, providers, and other stake-
holders on implementation of cost-sharing in the service area
or the State.
‘‘(2) PLANS.—Prior to the implementation of cost sharing
under subsection (a), each State and area agency on aging
shall develop plans that are designed to ensure that the partici-
pation of low-income older individuals (with particular attention
to low-income minority individuals and older individuals
residing in rural areas) receiving services will not decrease
with the implementation of the cost sharing under such sub-
section.
‘‘(d) EVALUATION.—Not later than 1 year after the date of
the enactment of the Older Americans Act Amendments of 2000,
and annually thereafter, the Assistant Secretary shall conduct a
comprehensive evaluation of practices for cost sharing to determine
its impact on participation rates with particular attention to low-
income and minority older individuals and older individuals residing
in rural areas. If the Assistant Secretary finds that there is a
disparate impact upon low-income or minority older individuals
or older individuals residing in rural areas in any State or region
within the State regarding the provision of services, the Assistant
Secretary shall take corrective action to assure that such services
are provided to all older individuals without regard to the cost
sharing criteria.
‘‘SEC. 316. WAIVERS.
‘‘(a) IN GENERAL.—The Assistant Secretary may waive any
of the provisions specified in subsection (b) with respect to a State,
upon receiving an application by the State agency containing or
accompanied by documentation sufficient to establish, to the satis-
faction of the Assistant Secretary, that—
H. R. 782—25
‘‘(1) approval of the State legislature has been obtained
or is not required with respect to the proposal for which waiver
is sought;
‘‘(2) the State agency has collaborated with the area agen-
cies on aging in the State and other organizations that would
be affected with respect to the proposal for which waiver is
sought;
‘‘(3) the proposal has been made available for public review
and comment, including the opportunity for a public hearing
upon request, within the State (and a summary of all of the
comments received has been included in the application); and
‘‘(4) the State agency has given adequate consideration
to the probable positive and negative consequences of approval
of the waiver application, and the probable benefits for older
individuals can reasonably be expected to outweigh any nega-
tive consequences, or particular circumstances in the State
otherwise justify the waiver.
‘‘(b) REQUIREMENTS SUBJECT TO WAIVER.—The provisions of
this title that may be waived under this section are—
‘‘(1) any provision of sections 305, 306, and 307 requiring
statewide uniformity of programs carried out under this title,
to the extent necessary to permit demonstrations, in limited
areas of a State, of innovative approaches to assist older individ-
uals;
‘‘(2) any area plan requirement described in section 306(a)
if granting the waiver will promote innovations or improve
service delivery and will not diminish services already provided
under this Act;
‘‘(3) any State plan requirement described in section 307(a)
if granting the waiver will promote innovations or improve
service delivery and will not diminish services already provided
under this Act;
‘‘(4) any restriction under paragraph (5) of section 308(b),
on the amount that may be transferred between programs
carried out under part B and part C; and
‘‘(5) the requirement of section 309(c) that certain amounts
of a State allotment be used for the provision of services,
with respect to a State that reduces expenditures under the
State plan of the State (but only to the extent that the non-
Federal share of the expenditures is not reduced below any
minimum specified in section 304(d) or any other provision
of this title).
‘‘(c) DURATION OF WAIVER.—The application by a State agency
for a waiver under this section shall include a recommendation
as to the duration of the waiver (not to exceed the duration of
the State plan of the State). The Assistant Secretary, in granting
such a waiver, shall specify the duration of the waiver, which
may be the duration recommended by the State agency or such
shorter time period as the Assistant Secretary finds to be appro-
priate.
‘‘(d) REPORTS
TO SECRETARY.—With respect to each waiver
granted under this section, not later than 1 year after the expiration
of such waiver, and at any time during the waiver period that
the Assistant Secretary may require, the State agency shall prepare
and submit to the Assistant Secretary a report evaluating the
impact of the waiver on the operation and effectiveness of programs
and services provided under this title.’’.
H. R. 782—26
SEC. 311. SUPPORTIVE SERVICES AND SENIOR CENTERS.
Section 321 of the Older Americans Act of 1965 (42 U.S.C.
3030d) is amended—
(1) in subsection (a)—
(A) in paragraph (2), by striking ‘‘or both’’ and inserting
‘‘and services provided by an area agency on aging, in
conjunction with local transportation service providers,
public transportation agencies, and other local government
agencies, that result in increased provision of such
transportation services for older individuals’’;
(B) in paragraph (4), by striking ‘‘or (D)’’ and all that
follows and inserting ‘‘or (D) to assist older individuals
in obtaining housing for which assistance is provided under
programs of the Department of Housing and Urban
Development;’’;
(C) in paragraph (5), by striking ‘‘including’’ and all
that follows and inserting the following: ‘‘including—
‘‘(A) client assessment, case management services, and
development and coordination of community services;
‘‘(B) supportive activities to meet the special needs
of caregivers, including caretakers who provide in-home
services to frail older individuals; and
‘‘(C) in-home services and other community services,
including home health, homemaker, shopping, escort,
reader, and letter writing services, to assist older individ-
uals to live independently in a home environment;’’;
(D) in paragraph (12), by inserting before the semicolon
the following: ‘‘, and including the coordination of the serv-
ices with programs administered by or receiving assistance
from the Department of Labor, including programs carried
out under the Workforce Investment Act of 1998 (29 U.S.C.
2801 et seq.)’’;
(E) in paragraph (21), by striking ‘‘or’’;
(F) by inserting after paragraph (21) the following:
‘‘(22) in-home services for frail older individuals, including
individuals with Alzheimer’s disease and related disorders with
neurological and organic brain dysfunction, and their families,
including in-home services defined by a State agency in the
State plan submitted under section 307, taking into consider-
ation the age, economic need, and noneconomic and nonhealth
factors contributing to the frail condition and need for services
of the individuals described in this paragraph, and in-home
services defined by an area agency on aging in the area plan
submitted under section 306.’’;
(G) by redesignating paragraph (22) as paragraph (23);
and
(H) in paragraph (23) (as redesignated by subpara-
graph (G)), by inserting ‘‘necessary for the general welfare
of older individuals’’ before the semicolon; and
(2) by adding at the end the following:
‘‘(c) In carrying out the provisions of this part, to more effi-
ciently and effectively deliver services to older individuals, each
area agency on aging shall coordinate services described in sub-
section (a) with other community agencies and voluntary organiza-
tions providing the same services. In coordinating the services,
the area agency on aging shall make efforts to coordinate the
H. R. 782—27
services 
with 
agencies 
and 
organizations 
carrying 
out
intergenerational programs or projects.
‘‘(d) Funds made available under this part shall supplement,
and not supplant, any Federal, State, or local funds expended
by a State or unit of general purpose local government (including
an area agency on aging) to provide services described in subsection
(a).’’.
SEC. 312. NUTRITION SERVICES.
(a) REPEAL.—Subpart 3 of part C of title III of the Older
Americans Act of 1965 (42 U.S.C. 3030g–11 et seq.) is repealed.
(b) REDESIGNATION.—Part C of title III of the Older Americans
Act of 1965 (42 U.S.C. 3030e et seq.) is amended by redesignating
subpart 4 as subpart 3.
(c) PROGRAM AUTHORIZED.—Section 331(2) of the Older Ameri-
cans Act of 1965 (42 U.S.C. 3030e(2)) is amended by inserting
‘‘, including adult day care facilities and multigenerational meal
sites’’ before the semi-colon.
SEC. 313. NUTRITION REQUIREMENTS.
Subpart 4 of part C of title III of the Older Americans Act
of 1965 (42 U.S.C. 3030g–21) is amended by striking section 339
and inserting the following:
‘‘SEC. 339. NUTRITION.
‘‘A State that establishes and operates a nutrition project under
this chapter shall—
‘‘(1) solicit the advice of a dietitian or individual with
comparable expertise in the planning of nutritional services,
and
‘‘(2) ensure that the project—
‘‘(A) provides meals that—
‘‘(i) comply with the Dietary Guidelines for Ameri-
cans, published by the Secretary and the Secretary
of Agriculture,
‘‘(ii) 
provide 
to 
each 
participating 
older
individual—
‘‘(I) a minimum of 331⁄3 percent of the daily
recommended dietary allowances as established by
the Food and Nutrition Board of the Institute of
Medicine of the National Academy of Sciences, if
the project provides one meal per day,
‘‘(II) a minimum of 662⁄3 percent of the allow-
ances if the project provides two meals per day,
and
‘‘(III) 100 percent of the allowances if the
project provides three meals per day, and
‘‘(iii) to the maximum extent practicable, are
adjusted to meet any special dietary needs of program
participants,
‘‘(B) provides flexibility to local nutrition providers in
designing meals that are appealing to program partici-
pants,
‘‘(C) encourages providers to enter into contracts that
limit the amount of time meals must spend in transit
before they are consumed,
H. R. 782—28
‘‘(D) where feasible, encourages arrangements with
schools and other facilities serving meals to children in
order to promote intergenerational meal programs,
‘‘(E) provides that meals, other than in-home meals,
are provided in settings in as close proximity to the
majority of eligible older individuals’ residences as feasible,
‘‘(F) comply with applicable provisions of State or local
laws regarding the safe and sanitary handling of food,
equipment, and supplies used in the storage, preparation,
service, and delivery of meals to an older individual,
‘‘(G) ensures that meal providers carry out such project
with the advice of dietitians (or individuals with com-
parable expertise), meal participants, and other individuals
knowledgeable with regard to the needs of older individ-
uals,
‘‘(H) ensures that each participating area agency on
aging establishes procedures that allow nutrition project
administrators the option to offer a meal, on the same
basis as meals provided to participating older individuals,
to individuals providing volunteer services during the meal
hours, and to individuals with disabilities who reside at
home with and accompany older individuals eligible under
this chapter,
‘‘(I) ensures that nutrition services will be available
to older individuals and to their spouses, and may be
made available to individuals with disabilities who are
not older individuals but who reside in housing facilities
occupied primarily by older individuals at which congregate
nutrition services are provided, and
‘‘(J) provide for nutrition screening and, where appro-
priate, for nutrition education and counseling.’’.
SEC. 314. IN-HOME SERVICES AND ADDITIONAL ASSISTANCE.
Title III of the Older Americans Act of 1965 (42 U.S.C. 3021
et seq.) is amended—
(1) by repealing parts D and E; and
(2) by redesignating part F as part D.
SEC. 315. DEFINITION.
Section 363 of the Older Americans Act of 1965 (42 U.S.C.
3030o) is repealed.
SEC. 316. NATIONAL FAMILY CAREGIVER SUPPORT PROGRAM.
Title III of the Older Americans Act of 1965 (42 U.S.C. 3021
et seq.) is amended—
(1) by repealing part G; and
(2) by inserting after part D (as redesignated by section
313(2)) the following:
‘‘PART E—NATIONAL FAMILY CAREGIVER
SUPPORT PROGRAM
‘‘SEC. 371. SHORT TITLE.
‘‘This part may be cited as the ‘National Family Caregiver
Support Act’.
H. R. 782—29
‘‘Subpart 1—Caregiver Support Program
‘‘SEC. 372. DEFINITIONS.
‘‘In this subpart:
‘‘(1) CHILD.—The term ‘child’ means an individual who
is not more than 18 years of age.
‘‘(2) FAMILY CAREGIVER.—The term ‘family caregiver’ means
an adult family member, or another individual, who is an
informal provider of in-home and community care to an older
individual.
‘‘(3) GRANDPARENT OR OLDER INDIVIDUAL WHO IS A RELATIVE
CAREGIVER.—The term ‘grandparent or older individual who
is a relative caregiver’ means a grandparent or stepgrandparent
of a child, or a relative of a child by blood or marriage, who
is 60 years of age or older and—
‘‘(A) lives with the child;
‘‘(B) is the primary caregiver of the child because the
biological or adoptive parents are unable or unwilling to
serve as the primary caregiver of the child; and
‘‘(C) has a legal relationship to the child, as such
legal custody or guardianship, or is raising the child infor-
mally.
‘‘SEC. 373. PROGRAM AUTHORIZED.
‘‘(a) IN GENERAL.—The Assistant Secretary shall carry out a
program for making grants to States with State plans approved
under section 307, to pay for the Federal share of the cost of
carrying out State programs, to enable area agencies on aging,
or entities that such area agencies on aging contract with, to provide
multifaceted systems of support services—
‘‘(1) for family caregivers; and
‘‘(2) for grandparents or older individuals who are relative
caregivers.
‘‘(b) SUPPORT SERVICES.—The services provided, in a State pro-
gram under subsection (a), by an area agency on aging, or entity
that such agency has contracted with, shall include—
‘‘(1) information to caregivers about available services;
‘‘(2) assistance to caregivers in gaining access to the serv-
ices;
‘‘(3) individual counseling, organization of support groups,
and caregiver training to caregivers to assist the caregivers
in making decisions and solving problems relating to their
caregiving roles;
‘‘(4) respite care to enable caregivers to be temporarily
relieved from their caregiving responsibilities; and
‘‘(5) supplemental services, on a limited basis, to com-
plement the care provided by caregivers.
‘‘(c) POPULATION SERVED; PRIORITY.—
‘‘(1) POPULATION SERVED.—Services under a State program
under this subpart shall be provided to family caregivers, and
grandparents and older individuals who are relative caregivers,
and who—
‘‘(A) are described in paragraph (1) or (2) of subsection
(a); and
‘‘(B) with regard to the services specified in paragraphs
(4) and (5) of subsection (b), in the case of a caregiver
described in paragraph (1), is providing care to an older
H. R. 782—30
individual who meets the condition specified in subpara-
graph (A)(i) or (B) of section 102(28).
‘‘(2) PRIORITY.—In providing services under this subpart,
the State shall give priority for services to older individuals
with greatest social and economic need, (with particular atten-
tion to low-income older individuals) and older individuals pro-
viding care and support to persons with mental retardation
and related developmental disabilities (as defined in section
102 of the Developmental Disabilities Assistance and Bill of
Rights Act (42 U.S.C. 6001)) (referred to in this subpart as
‘developmental disabilities’).
‘‘(d) COORDINATION WITH SERVICE PROVIDERS.—In carrying out
this subpart, each area agency on aging shall coordinate the activi-
ties of the agency, or entity that such agency has contracted with,
with the activities of other community agencies and voluntary
organizations providing the types of services described in subsection
(b).
‘‘(e) QUALITY STANDARDS
AND MECHANISMS
AND ACCOUNT-
ABILITY.—
‘‘(1) QUALITY
STANDARDS
AND
MECHANISMS.—The State
shall establish standards and mechanisms designed to assure
the quality of services provided with assistance made available
under this subpart.
‘‘(2) DATA AND RECORDS.—The State shall collect data and
maintain records relating to the State program in a standard-
ized format specified by the Assistant Secretary. The State
shall furnish the records to the Assistant Secretary, at such
time as the Assistant Secretary may require, in order to enable
the Assistant Secretary to monitor State program administra-
tion and compliance, and to evaluate and compare the effective-
ness of the State programs.
‘‘(3) REPORTS.—The State shall prepare and submit to the
Assistant Secretary reports on the data and records required
under paragraph (2), including information on the services
funded under this subpart, and standards and mechanisms
by which the quality of the services shall be assured.
‘‘(f ) CAREGIVER ALLOTMENT.—
‘‘(1) IN GENERAL.—
‘‘(A) From sums appropriated under section 303(e) for
fiscal years 2001 through 2005, the Assistant Secretary
shall allot amounts among the States proportionately based
on the population of individuals 70 years of age or older
in the States.
‘‘(B) In determining the amounts allotted to States
from the sums appropriated under section 303 for a fiscal
year, the Assistant Secretary shall first determine the
amount allotted to each State under subparagraph (A) and
then proportionately adjust such amounts, if necessary,
to meet the requirements of paragraph (2).
‘‘(C) The number of individuals 70 years of age or
older in any State and in all States shall be determined
by the Assistant Secretary on the basis of the most recent
data available from the Bureau of the Census and other
reliable demographic data satisfactory to the Assistant Sec-
retary.
‘‘(2) MINIMUM ALLOTMENT.—
H. R. 782—31
‘‘(A) The amounts allotted under paragraph (1) shall
be reduced proportionately to the extent necessary to
increase other allotments under such paragraph to achieve
the amounts described in subparagraph (B).
‘‘(B)(i) Each State shall be allotted 1⁄2 of 1 percent
of the amount appropriated for the fiscal year for which
the determination is made.
‘‘(ii) Guam and the Virgin Islands of the United States
shall each be allotted 1⁄4 of 1 percent of the amount appro-
priated for the fiscal year for which the determination
is made.
‘‘(iii) American Samoa and the Commonwealth of the
Northern Mariana Islands shall each be allotted 1⁄16 of
1 percent of the amount appropriated for the fiscal year
for which the determination is made.
‘‘(C) For the purposes of subparagraph (B)(i), the term
‘State’ does not include Guam, American Samoa, the Virgin
Islands of the United States, and the Commonwealth of
the Northern Mariana Islands.
‘‘(g) AVAILABILITY OF FUNDS.—
‘‘(1) USE OF FUNDS FOR ADMINISTRATION OF AREA PLANS.—
Amounts made available to a State to carry out the State
program under this subpart may be used, in addition to
amounts available in accordance with section 303(c)(1), for costs
of administration of area plans.
‘‘(2) FEDERAL SHARE.—
‘‘(A) 
IN
GENERAL.—Notwithstanding 
section
304(d)(1)(D), the Federal share of the cost of carrying out
a State program under this subpart shall be 75 percent.
‘‘(B) NON-FEDERAL SHARE.—The non-Federal share of
the cost shall be provided from State and local sources.
‘‘(C) LIMITATION.—A State may use not more than 10
percent of the total Federal and non-Federal share avail-
able to the State to provide support services to grand-
parents and older individuals who are relative caregivers.
‘‘SEC. 374. MAINTENANCE OF EFFORT.
‘‘Funds made available under this subpart shall supplement,
and not supplant, any Federal, State, or local funds expended
by a State or unit of general purpose local government (including
an area agency on aging) to provide services described in section
373.
‘‘Subpart 2—National Innovation Programs
‘‘SEC. 375. INNOVATION GRANT PROGRAM.
‘‘(a) IN GENERAL.—The Assistant Secretary shall carry out a
program for making grants on a competitive basis to foster the
development and testing of new approaches to sustaining the efforts
of families and other informal caregivers of older individuals, and
to serving particular groups of caregivers of older individuals,
including low-income caregivers and geographically distant care-
givers and linking family support programs with the State entity
or agency that administers or funds programs for persons with
mental retardation or related developmental disabilities and their
families.
H. R. 782—32
‘‘(b) EVALUATION AND DISSEMINATION OF RESULTS.—The Assist-
ant Secretary shall provide for evaluation of the effectiveness of
programs and activities funded with grants made under this section,
and for dissemination to States of descriptions and evaluations
of such programs and activities, to enable States to incorporate
successful approaches into their programs carried out under this
part.
‘‘(c) SUNSET PROVISION.—This section shall be effective for 3
fiscal years after the date of the enactment of the Older Americans
Act Amendments of 2000.
‘‘SEC. 376. ACTIVITIES OF NATIONAL SIGNIFICANCE.
‘‘(a) IN GENERAL.—The Assistant Secretary shall, directly or
by grant or contract, carry out activities of national significance
to promote quality and continuous improvement in the support
provided to family and other informal caregivers of older individuals
through program evaluation, training, technical assistance, and
research.
‘‘(b) SUNSET PROVISION.—This section shall be effective for 3
fiscal years after the date of the enactment of the Older Americans
Act Amendments of 2000.’’.
TITLE IV—TRAINING, RESEARCH, AND
DISCRETIONARY PROJECTS AND PRO-
GRAMS
SEC. 401. PROJECTS AND PROGRAMS.
Title IV of the Older Americans Act of 1965 (42 U.S.C. 3030aa
et seq.) is amended to read as follows:
‘‘SEC. 401. PURPOSES.
‘‘The purposes of this title are—
‘‘(1) to expand the Nation’s knowledge and understanding
of the older population and the aging process;
‘‘(2) to design, test, and promote the use of innovative
ideas and best practices in programs and services for older
individuals;
‘‘(3) to help meet the needs for trained personnel in the
field of aging; and
‘‘(4) to increase awareness of citizens of all ages of the
need to assume personal responsibility for their own longevity.
‘‘PART A—GRANT PROGRAMS
‘‘SEC. 411. PROGRAM AUTHORIZED.
‘‘(a) IN GENERAL.—For the purpose of carrying out this section,
the Assistant Secretary may make grants to and enter into contracts
with States, public agencies, private nonprofit agencies, institutions
of higher education, and organizations, including tribal organiza-
tions, for—
‘‘(1) education and training to develop an adequately
trained workforce to work with and on behalf of older individ-
uals;
‘‘(2) applied social research and analysis to improve access
to and delivery of services for older individuals;
H. R. 782—33
‘‘(3) evaluation of the performance of the programs, activi-
ties, and services provided under this section;
‘‘(4) the development of methods and practices to improve
the quality and effectiveness of the programs, services, and
activities provided under this section;
‘‘(5) the demonstration of new approaches to design, deliver,
and coordinate programs and services for older individuals;
‘‘(6) technical assistance in planning, developing, imple-
menting, and improving the programs, services, and activities
provided under this section;
‘‘(7) coordination with the designated State agency
described in section 101(a)(2)(A)(i) of the Rehabilitation Act
of 1973 (29 U.S.C. 721(a)(2)(A)(i)) to provide services to older
individuals who are blind as described in such Act;
‘‘(8) the training of graduate level professionals specializing
in the mental health needs of older individuals; and
‘‘(9) any other activities that the Assistant Secretary deter-
mines will achieve the objectives of this section.
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section such sums as may
be necessary for fiscal year 2001, and such sums as may be nec-
essary for subsequent fiscal years.
‘‘SEC. 412. CAREER PREPARATION FOR THE FIELD OF AGING.
‘‘(a) GRANTS.—The Assistant Secretary shall make grants to
institutions of higher education, historically Black colleges or
universities, Hispanic Centers of Excellence in Applied Gerontology,
and other educational institutions that serve the needs of minority
students, to provide education and training to prepare students
for careers in the field of aging.
‘‘(b) DEFINITIONS.—For purposes of subsection (a):
‘‘(1) HISPANIC CENTER OF EXCELLENCE IN APPLIED GERON-
TOLOGY.—The term ‘Hispanic Center of Excellence in Applied
Gerontology’ means an institution of higher education with
a program in applied gerontology that—
‘‘(A) has a significant number of Hispanic individuals
enrolled in the program, including individuals accepted
for enrollment in the program;
‘‘(B) has been effective in assisting Hispanic students
of the program to complete the program and receive the
degree involved;
‘‘(C) has been effective in recruiting Hispanic individ-
uals to attend the program, including providing scholar-
ships and other financial assistance to such individuals
and encouraging Hispanic students of secondary edu-
cational institutions to attend the program; and
‘‘(D) has made significant recruitment efforts to
increase the number and placement of Hispanic individuals
serving in faculty or administrative positions in the pro-
gram.
‘‘(2) HISTORICALLY
BLACK
COLLEGE
OR
UNIVERSITY.—The
term ‘historically Black college or university’ has the meaning
given the term ‘part B institution’ in section 322(2) of the
Higher Education Act of 1965 (20 U.S.C. 1061(2)).
H. R. 782—34
‘‘SEC. 413. OLDER INDIVIDUALS’ PROTECTION FROM VIOLENCE
PROJECTS.
‘‘(a) PROGRAM AUTHORIZED.—The Assistant Secretary shall
make grants to States, area agencies on aging, nonprofit organiza-
tions, or tribal organizations to carry out the activities described
in subsection (b).
‘‘(b) ACTIVITIES.—A State, an area agency on aging, a nonprofit
organization, or a tribal organization that receives a grant under
subsection (a) shall use such grant to—
‘‘(1) support projects in local communities, involving diverse
sectors of each community, to coordinate activities concerning
intervention in and prevention of elder abuse, neglect, and
exploitation, including family violence and sexual assault,
against older individuals;
‘‘(2) develop and implement outreach programs directed
toward assisting older individuals who are victims of elder
abuse, neglect, and exploitation (including family violence and
sexual assault, against older individuals), including programs
directed toward assisting the individuals in senior housing
complexes, nursing homes, board and care facilities, and senior
centers;
‘‘(3) expand access to family violence and sexual assault
programs (including shelters, rape crisis centers, and support
groups), including mental health services, safety planning and
legal advocacy for older individuals and encourage the use
of senior housing, hotels, or other suitable facilities or services
when appropriate as emergency short-term shelters for older
individuals who are the victims of elder abuse, including family
violence and sexual assault; or
‘‘(4) promote research on legal, organizational, or training
impediments to providing services to older individuals through
shelters and other programs, such as impediments to provision
of services in coordination with delivery of health care or serv-
ices delivered under this Act.
‘‘(c) PREFERENCE.—In awarding grants under subsection (a),
the Assistant Secretary shall give preference to a State, an area
agency on aging, a nonprofit organization, or a tribal organization
that has the ability to carry out the activities described in this
section and title VII of this Act.
‘‘(d) COORDINATION.—The Assistant Secretary shall encourage
each State, area agency on aging, nonprofit organization, and tribal
organization that receives a grant under subsection (a) to coordinate
activities provided under this section with activities provided by
other area agencies on aging, tribal organizations, State adult
protective service programs, private nonprofit organizations, and
by other entities receiving funds under title VII of this Act.
‘‘SEC. 414. HEALTH CARE SERVICE DEMONSTRATION PROJECTS IN
RURAL AREAS.
‘‘(a) AUTHORITY.—The Assistant Secretary, after consultation
with the State agency of the State involved, shall make grants
to eligible public agencies and nonprofit private organizations to
pay part or all of the cost of developing or operating model health
care service projects (including related home health care services,
adult day health care, outreach, and transportation) through multi-
purpose senior centers that are located in rural areas and that
provide nutrition services under section 331, to meet the health
H. R. 782—35
care needs of medically underserved older individuals residing in
such areas.
‘‘(b) ELIGIBILITY.—To be eligible to receive a grant under sub-
section (a), a public agency or nonprofit private organization shall
submit to the Assistant Secretary an application containing such
information and assurances as the Secretary may require,
including—
‘‘(1) information describing the nature and extent of the
applicant’s—
‘‘(A) experience in providing medical services of the
type to be provided in the project for which a grant is
requested; and
‘‘(B) coordination and cooperation with—
‘‘(i) institutions of higher education having grad-
uate programs with capability in public health, the
medical sciences, psychology, pharmacology, nursing,
social work, health education, nutrition, or gerontology,
for the purpose of designing and developing such
project; and
‘‘(ii) critical access hospitals (as defined in section
1861(mm)(1) of the Social Security Act (42 U.S.C.
1395x(mm)(1)) and rural health clinics (as defined in
section 1861(aa)(2) of the Social Security Act (42 U.S.C.
1395x(aa)(2)));
‘‘(2) assurances that the applicant will carry out the project
for which a grant is requested, through a multipurpose senior
center located—
‘‘(A)(i) in a rural area that has a population of less
than 5,000; or
‘‘(ii) in a county that has fewer than seven individuals
per square mile; and
‘‘(B) in a State in which—
‘‘(i) not less than 331⁄3 of the population resides
in rural areas; and
‘‘(ii) not less than 5 percent of the population
resides in counties with fewer than seven individuals
per square mile,
as defined by and determined in accordance with the most
recent data available from the Bureau of the Census; and
‘‘(3) assurances that the applicant will submit to the Assist-
ant Secretary such evaluations and reports as the Assistant
Secretary may require.
‘‘(c) REPORTS.—The Assistant Secretary shall prepare and
submit to the appropriate committees of Congress a report that
includes summaries of the evaluations and reports required under
subsection (b).
‘‘SEC. 415. COMPUTER TRAINING.
‘‘(a) PROGRAM AUTHORIZED.—The Assistant Secretary, in con-
sultation with the Assistant Secretary of Commerce for Communica-
tions and Information, may award grants or contracts to entities
to provide computer training and enhanced Internet access for
older individuals.
‘‘(b) PRIORITY.—If the Assistant Secretary awards grants under
subsection (a), the Assistant Secretary shall give priority to an
entity that—
H. R. 782—53
the Secretary in each State, an amount that bears the same ratio
to such sums as the product of the number of persons aged 55
or over in the State and the allotment percentage of such State
bears to the sum of the corresponding product for all States, except
as follows:
‘‘(1) MINIMUM ALLOTMENT.—No State shall be provided an
amount under this subsection that is less than 1⁄2 of 1 percent
of the amount provided under subsection (c) for public and
private nonprofit agency and organization grantees that operate
under this title under national grants from the Secretary in
all of the States.
‘‘(2) HOLD HARMLESS.—If the amount provided under sub-
section (c) is—
‘‘(A) equal to or less than the amount necessary to
maintain the fiscal year 2000 level of activities, allotments
for public and private nonprofit agency and organization
grantees that operate under this title under national grants
from the Secretary in each State shall be proportional
to their fiscal year 2000 level of activities; or
‘‘(B) greater than the amount necessary to maintain
the fiscal year 2000 level of activities, no State shall be
provided a percentage increase above the fiscal year 2000
level of activities for public and private nonprofit agency
and organization grantees that operate under this title
under national grants from the Secretary in the State
that is less than 30 percent of such percentage increase
above the fiscal year 2000 level of activities for public
and private nonprofit agency and organization grantees
that operate under this title under national grants from
the Secretary in all of the States.
‘‘(3) REDUCTION.—Allotments for States not affected by
paragraphs (1) and (2)(B) of this subsection shall be reduced
proportionally to satisfy the conditions in such paragraphs.
‘‘(e) ALLOTMENTS FOR GRANTS TO STATES.—From the sums pro-
vided for grants to States under subsection (c), the Secretary shall
allot for the State grantee in each State an amount that bears
the same ratio to such sums as the product of the number of
persons aged 55 or over in the State and the allotment percentage
of such State bears to the sum of the corresponding product for
all States, except as follows:
‘‘(1) MINIMUM ALLOTMENT.—No State shall be provided an
amount under this subsection that is less than 1⁄2 of 1 percent
of the amount provided under subsection (c) for State grantees
in all of the States.
‘‘(2) HOLD HARMLESS.—If the amount provided under sub-
section (c) is—
‘‘(A) equal to or less than the amount necessary to
maintain the fiscal year 2000 level of activities, allotments
for State grantees in each State shall be proportional to
their fiscal year 2000 level of activities; or
‘‘(B) greater than the amount necessary to maintain
the fiscal year 2000 level of activities, no State shall be
provided a percentage increase above the fiscal year 2000
level of activities for State grantees in the State that is
less than 30 percent of such percentage increase above
the fiscal year 2000 level of activities for State grantees
in all of the States.
H. R. 782—67
(i) in paragraph (19)(C), by striking ‘‘paragraphs
(2) and (5)(A) of section 306(a)’’ and inserting ‘‘para-
graphs (2) and (4)(A) of section 306(a)’’; and
(ii) in paragraph (26), by striking ‘‘sections
307(a)(18) and 731(b)(2)’’ and inserting ‘‘section
307(a)(13) and section 731’’;
(B) in subsection (c)—
(i) in paragraph (1), by striking ‘‘(c)(1)’’ and
inserting ‘‘(c)’’; and
(ii) by striking paragraph (2); and
(C) in subsection (e)(1)(A)—
(i) by striking clause (i) and inserting the following:
‘‘(i) provide information about grants and projects
under title IV;’’; and
(ii) in clause (iv), by striking ‘‘, and the information
provided by the Resource Centers on Native American
Elders under section 429E’’.
(3) Section 205(a)(2)(A) of the Older Americans Act of 1965
(42 U.S.C. 3016(a)(2)(A)) is amended by striking ‘‘subparts 1,
2, and 3’’ and inserting ‘‘subparts 1 and 2’’.
(4) Section 207(a) of the Older Americans Act of 1965
(42 U.S.C. 3018(a)) is amended—
(A) by striking paragraph (3); and
(B) by redesignating paragraphs (4) and (5) as para-
graphs (3) and (4), respectively.
(5) Section 214 of the Older Americans Act of 1965 (42
U.S.C. 3020e) is amended by striking ‘‘307(a)(13)(J)’’ and
inserting ‘‘339(2)(J)’’.
(c) TITLE III.—
(1) Section 301(c) of the Older Americans Act of 1965
(42 U.S.C. 3021(c)) is amended by striking ‘‘307(a)(12)’’ and
inserting ‘‘307(a)(9)’’.
(2) Section 304 of the Older Americans Act of 1965 (42
U.S.C. 3024) is amended—
(A) in subsection (d)(1)(B), by striking ‘‘307(a)(12)’’ and
inserting ‘‘307(a)(9)’’; and
(B) by striking subsection (e).
(3) Section 305(a)(2)(F) of the Older Americans Act of 1965
(42 U.S.C. 3025(a)(2)(F)) is amended by striking ‘‘307(a)(24)’’
and inserting ‘‘307(a)(16)’’.
(4) Section 307 of the Older Americans Act of 1965 (42
U.S.C. 3027) is amended—
(A) in subsection (a), in paragraph (22) (as redesignated
by section 305(19)), by striking ‘‘306(a)(20)’’ and inserting
‘‘306(a)(8)’’; and
(B) in subsection (f )—
(i) in paragraph (1), by striking ‘‘(f )(1)’’ and
inserting ‘‘(f )’’; and
(ii) by striking paragraph (2).
(5) Section 321(a)(15) of the Older Americans Act of 1965
(42 U.S.C. 3030d(a)(15)) is amended by striking ‘‘section
307(a)(16)’’ and inserting ‘‘section 307(a)(12)’’.
(d) TITLE VI.—Section 614(a) of the Older Americans Act of
1965 (42 U.S.C. 3057e(a)) is amended—
(1) by striking paragraph (9); and
(2) by redesignating paragraphs (10) through (12) as para-
graphs (9) through (11), respectively.