II
106TH CONGRESS
2D SESSION
H. R. 782
IN THE SENATE OF THE UNITED STATES
OCTOBER 25 (legislative day, SEPTEMBER 22), 2000
Received
AN ACT
To amend the Older Americans Act of 1965 to extend au-
thorizations of appropriations for programs under the
Act, to modernize programs and services for older indi-
viduals, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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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 AMERI-
CANS ACT OF 1965 AND THE OLDER AMERICANS ACT AMEND-
MENTS 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.
TITLE IV—TRAINING, RESEARCH, AND DISCRETIONARY
PROJECTS AND PROGRAMS
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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 Common-
wealth of the Northern Mariana Islands, and the
Trust Territory of the Pacific Islands.’’ and insert-
ing ‘‘and the Commonwealth of the Northern Mar-
iana Islands.’’;
(2) by striking paragraph (12) and inserting
the following:
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‘‘(E) minor modification of homes that is
necessary to facilitate the ability of older indi-
viduals to remain at home and that is not avail-
able under another program (other than a pro-
gram 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 sec-
tion 625.’’;
(5) by striking paragraph (23) and redesig-
nating paragraphs (24) through (35) as paragraphs
(22), (23), (24), (25), (26), (27), (28), (29), (30),
(31), (32), and (33);
(6) by striking paragraph (36) and redesig-
nating the remaining paragraphs; and
(7) by adding at the end the following:
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‘‘(42) The term ‘family violence’ has the same
meaning given the term in the Family Violence Pre-
vention and Services Act (42 U.S.C. 10408).
‘‘(43) The term ‘sexual assault’ has the mean-
ing 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 redesig-
nating paragraphs (10), (11), and (12) as para-
graphs (9), (10), and (11) respectively;
(B) by striking parargraphs (13) and (14)
and redesignating the remaining paragraphs;
(C) in paragraph (15) (as redesignated),
by inserting ‘‘and older individuals residing in
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rural areas’’ after ‘‘low-income minority individ-
uals’’;
(D) in paragraph (18)(B) (as redesig-
nated), by striking ‘‘1990’’ and inserting
‘‘2000’’;
(E) by striking paragraph (19) (as redesig-
nated) and inserting the following:
‘‘(19) conduct strict monitoring of State compli-
ance 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 redesig-
nated) and inserting the following:
‘‘(21) establish information and assistance serv-
ices as priority services for older individuals, and de-
velop and operate, either directly or through con-
tracts, 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 individuals;’’;
(G) by striking paragraph (24) (as redesig-
nated) and inserting the following:
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‘‘(24) establish and carry out pension coun-
seling and information programs described in section
215;’’; and
(H) by striking paragraph (27) and redes-
ignating 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 indi-
viduals 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 as-
sistance to States to implement these best prac-
tices of service delivery; and
‘‘(D) submitting a report on the States’ ex-
periences 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
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(3) by adding at the end the following:
‘‘(f)(1) The Assistant Secretary, in accordance with
the process described in paragraph (2), and in collabora-
tion with a representative 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 As-
sistant Secretary shall use data currently collected (as of
the date of development of the measures) by State agen-
cies, 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 out-
come measures 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;
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‘‘(C) pilot testing of the proposed set of such
measures, including an identification of resource, in-
frastructure, and data collection issues at the State
and local levels; and
‘‘(D) evaluation of the pilot test and rec-
ommendations 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 individuals residing in rural areas’’ after ‘‘low-
income minority older individuals’’;
(2) by striking section 204 and inserting the
following:
‘‘SEC. 204. GIFTS AND DONATIONS.
‘‘(a) GIFTS AND DONATIONS.—The Assistant Sec-
retary may accept, use, and dispose of, on behalf of the
United States, gifts or donations (in cash or in kind, in-
cluding voluntary and uncompensated services or prop-
erty), which shall be available until expended for the pur-
poses 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.
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‘‘(1) a plan to establish a pension counseling
and information program that—
‘‘(A) establishes or continues a State or
area pension counseling and information pro-
gram;
‘‘(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 re-
garding, pension and other retirement benefits;
‘‘(D) provides information on sources of
pension and other retirement benefits;
‘‘(E) establishes a system to make refer-
rals for legal services and other advocacy pro-
grams;
‘‘(F) establishes a system of referral to
Federal, State, and local departments or agen-
cies related to pension and other retirement
benefits;
‘‘(G) provides a sufficient number of staff
positions (including volunteer positions) to en-
sure information, counseling, referral, and as-
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sistance regarding pension and other retirement
benefits;
‘‘(H) provides training programs for staff
members, including volunteer staff members, of
pension and other retirement benefits programs;
‘‘(I) makes recommendations to the Ad-
ministration, the Department of Labor and
other Federal, State and local agencies con-
cerning issues for older individuals related to
pension and other retirement benefits; and
‘‘(J) establishes or continues an outreach
program to provide information, counseling, re-
ferral and assistance regarding pension and
other retirement benefits, with particular em-
phasis on outreach to women, minorities, older
individuals residing in rural areas and low in-
come retirees; and
‘‘(2) an assurance that staff members (includ-
ing volunteer staff members) have no conflict of in-
terest in providing the services described in the plan
described in paragraph (1).
‘‘(f) CRITERIA.—The Assistant Secretary shall con-
sider the following criteria in awarding grants under this
section:
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‘‘(1) Evidence of a commitment by the entity to
carry out a proposed pension counseling and infor-
mation program.
‘‘(2) The ability of the entity to perform effec-
tive outreach to affected populations, particularly
populations that are identified in need of special out-
reach.
‘‘(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 pro-
gram.
‘‘(4) The ability of the entity to provide services
under the program on a statewide or regional basis.
‘‘(g) TRAINING AND TECHNICAL ASSISTANCE PRO-
GRAM.—
‘‘(1) IN
GENERAL.—The Assistant Sec-
retary shall award grants to eligible entities to
establish training and technical assistance pro-
grams that shall provide information and tech-
nical assistance to the staffs of entities oper-
ating pension counseling and information pro-
grams described in subsection (b), and general
assistance to such entities, including assistance
in the design of program evaluation tools.
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‘‘(2) ELIGIBLE
ENTITIES.—Entities that
are eligible to receive a grant under this sub-
section 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 re-
ceive 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 COORDINATION.—
‘‘(1) HOTLINE.—The Assistant Secretary shall
enter into agreements with other Federal agencies to
establish and administer 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 individ-
uals seeking outreach, information, counseling, refer-
ral, and assistance regarding pension and other re-
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tirement benefits, and rights related to such bene-
fits.
‘‘(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 retire-
ment 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 Representa-
tives and the Committee on Health, Education, Labor and
Pensions of the Senate a report that—
‘‘(1) summarizes the distribution of funds au-
thorized for grants under this section and the ex-
penditure of such funds;
‘‘(2) summarizes the scope and content of train-
ing 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 par-
ticipating in programs funded under this section en-
countered concerning rights related to pension and
other retirement benefits; and
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‘‘(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 agencies, area agen-
cies on aging, multipurpose senior centers and other
similar entities.
‘‘(j) ADMINISTRATIVE EXPENSES.—Of the funds ap-
propriated under section 216 to carry out this section for
a fiscal year, not more than $100,000 may be used by
the Administration for administrative 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-in-
come minority individuals’’ each place it appears;
(2) in subsection (c), by inserting ‘‘, older indi-
viduals residing in rural areas’’ after ‘‘minority indi-
viduals’’;
(3) by striking subsection (g); and
(4) by redesignating subsection (h) as sub-
section (g).
SEC. 204. REPORTS.
Section 207 of the Older Americans Act of 1965 (42
U.S.C. 3018) is amended—
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(1) in subsection (a)(4), by inserting ‘‘older in-
dividuals residing in rural areas,’’ after ‘‘low-income
minority individuals,’’; and
(2) in subsection (c)(5) by inserting ‘‘and older
individuals residing in rural areas’’ after ‘‘low-in-
come 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
(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 au-
thorized 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
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2001, and such sums as may be necessary for each of the
4 succeeding fiscal years.
‘‘(c) PENSION COUNSELING AND INFORMATION PRO-
GRAMS.—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 Amend-
ments 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 para-
graph (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 funda-
mental policy recommendations regarding programs that
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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 Na-
tional Institute on Aging, the Administrator of the Health
Care Financing Administration, the Social Security Ad-
ministrator, and the heads of such other Federal agencies
serving older individuals as are appropriate. Planning and
conducting the Conference includes the assignment of per-
sonnel.
‘‘(c) PURPOSE.—The purpose of the Conference de-
scribed in subsection (a) shall be to gather individuals rep-
resenting the spectrum of thought and experience in the
field of aging to—
‘‘(1) evaluate the manner in which the objec-
tives of this Act can be met by using the resources
and talents of older individuals, of families and com-
munities 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
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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
‘‘(3) develop not more than 50 recommenda-
tions 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 in-
serting ‘‘individuals from low-income families,
representatives of Federal, State, and local gov-
ernments, and individuals from rural areas. A
majority of such delegates shall be age 55 or
older.’’;
(4) in section 202 (as redesignated by para-
graph (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;
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(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 ‘‘subsection (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 para-
graph (2))—
(A) by striking paragraph (1) and insert-
ing the following:
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‘‘(1) ESTABLISHMENT.—There is established a
Policy Committee comprised of 17 members to be se-
lected, 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) 3 members who are officers or
employees of the United States; and
‘‘(ii) 6 members with experience in the
field of aging, including providers and con-
sumers of aging services.
‘‘(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 2 members shall
be selected by the Minority Leader of the
House of Representatives, after consultation
with such committees.
‘‘(C) SENATE
APPOINTEES.—Two mem-
bers shall be selected by the Majority Leader of
the Senate, after consultation with members of
the Committee on Health, Education, Labor,
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and Pensions and the Special Committee on
Aging of the Senate, and 2 members shall be
selected by the Minority Leader of the Senate,
after consultation with members of such com-
mittees.’’;
(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 con-
sisting of 3 to 5 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 insert-
ing the following:
‘‘(3) VOTING; CHAIRPERSON.—
‘‘(A) VOTING.—The Policy Committee
shall act by the vote of a majority of the mem-
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bers 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 Committee. The chairperson may
vote only to break a tie vote of the other mem-
bers 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 ex-
ecutive officers of the States a preliminary report on the
Conference. Comments on the preliminary report of the
Conference shall be accepted by the Policy Committee.
‘‘(b) FINAL REPORT.—Not later than 6 months after
the date on which the Conference adjourns, the Policy
Committee shall publish and transmit to the President and
to Congress recommendations resulting from the Con-
ference and suggestions for any administrative action and
legislation necessary to implement the recommendations
contained within the report.’’; and
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(7) in section 206 (as redesignated by para-
graph (2))—
(A) in subsection (a), by striking para-
graph (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 Com-
mittee plans the Conference and for the fol-
lowing 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 ‘‘sec-
tion 
203(c)’’ 
and 
inserting 
‘‘section
202(c)’’; and
(ii) in paragraph (3), by striking ‘‘De-
cember 31, 1995’’ and inserting ‘‘Decem-
ber 31, 2005’’.
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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 fol-
lowing:
‘‘(d)(1) Any funds received under an allotment as de-
scribed 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 specifically 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 de-
scribed 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 necessary for fiscal year 2001, and such
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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 nu-
trition 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 subpart 2 of part C (relating to home delivered nutri-
tion 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 pro-
motion 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,
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supportive services), paragraphs (1) (relating to subpart
1 of part C, congregate nutrition services) and (2) (relat-
ing to subpart 2 of part C, home delivered nutrition serv-
ices) 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.
‘‘(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 Ameri-
cans 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 sub-
sections (a) through (d) of section 303 for each fiscal year,
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‘‘(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 reli-
able demographic data satisfactory to the Assistant Sec-
retary.
‘‘(5) State allotments for a fiscal year under this sec-
tion shall be proportionally reduced to the extent that ap-
propriations may be insufficient to provide the full allot-
ments 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 strik-
ing ‘‘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—
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(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 indi-
viduals’’;
(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 Amer-
icans 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-in-
come minority individuals’’ in each place it appears;
(2) in paragraph (2)—
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(A) in the matter preceding subparagraph
(A), by striking ‘‘section 307(a)(22)’’ and in-
serting ‘‘section 307(a)(2)’’;
(B) in subparagraph (B), by striking
‘‘services (homemaker’’ 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 insert-
ing ‘‘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 para-
graph (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;
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(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 in-
serting ‘‘and older individuals residing in rural
areas’’ after ‘‘low-income minority older individuals’’;
(9) by inserting after paragraph (4) (as redesig-
nated by paragraph (3)) the following:
‘‘(5) provide assurances that the area agency on
aging will coordinate planning, identification, assess-
ment of needs, and provision of services for older in-
dividuals 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)—
(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 subpara-
graphs (A), (B), (C), (D), (E), (F), and (G),
respectively;
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(C) in subparagraph (C) (as redesignated
by subparagraph (B)), by striking ‘‘or adults’’
and inserting ‘‘, assistance to older individuals
caring for relatives who are children’’;
(D) in subparagraph (D) (as redesignated
by subparagraph (B)), by inserting ‘‘and older
individuals residing in rural areas’’ after ‘‘mi-
nority individuals’’; and
(E) in subparagraph (F) (as redesignated
by subparagraph (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 individ-
uals 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 pro-
viders in the coordination of such services; and
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services and not as promoters for the agen-
cy providing such services; or
‘‘(iv) is located in a rural area and ob-
tains a waiver of the requirements de-
scribed 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 ap-
propriated under this Act and expended by the agen-
cy in fiscal year 2000 in carrying out such a pro-
gram under this title;
‘‘(10) provide a grievance procedure for older
individuals who are dissatisfied with or denied serv-
ices under this title;
‘‘(11) provide information and assurances con-
cerning services to older individuals who are Native
Americans (referred to in this paragraph as ‘older
Native Americans’), including—
‘‘(A) information concerning whether there
is a significant 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 Ameri-
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cans to programs 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 individuals 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 para-
graph (13);
(13) by inserting after paragraph (13) (as re-
designated by paragraph (7)) the following:
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‘‘(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 re-
ceiving services under this title will not be given by
the area agency on aging to particular older individ-
uals as a result of a contract or commercial relation-
ship 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 Ameri-
cans Act of 1965 (42 U.S.C. 3026(b)) is amended—
(1) in paragraph (1), by striking ‘‘(1)’’ and in-
serting 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—
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‘‘(A) require each area agency on aging
designated under section 305(a)(2)(A) to de-
velop and submit to the State agency for ap-
proval, in accordance with a uniform format de-
veloped by the State agency, an area plan meet-
ing the requirements of section 306; and
‘‘(B) be based on such area plans.
‘‘(2) The plan shall provide that the State agen-
cy 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), information and assist-
ance, and transportation services), nutrition
services, and multipurpose senior centers within
the State;
‘‘(B) develop a standardized process to de-
termine the extent to which public or private
programs and resources (including volunteers
and programs and services of voluntary organi-
zations) 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 ex-
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pended (in the absence of a waiver under sec-
tions 306(b) or 316) by such area agency on
aging to provide each of the categories of serv-
ices specified in section 306(a)(2).
‘‘(3) The plan shall—
‘‘(A) include (and may not be approved un-
less the Assistant Secretary approves) the state-
ment and demonstration required by para-
graphs (2) and (4) of section 305(d) (con-
cerning intrastate distribution of funds); and
‘‘(B) with respect to services for older indi-
viduals 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 services (including the
cost of providing access to such services);
and
‘‘(iii) describe the methods used to
meet the needs for such services in the fis-
cal year preceding the first year to which
such plan applies.
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‘‘(4) The plan shall provide that the State agen-
cy will conduct periodic evaluations of, and public
hearings on, activities and projects carried out in the
State under this title and title VII, including evalua-
tions of the effectiveness of services provided to indi-
viduals with greatest economic need, greatest social
need, or disabilities, with particular attention to low-
income minority individuals and older individuals re-
siding in rural areas.
‘‘(5) The plan shall provide that the State agen-
cy will—
‘‘(A) afford an opportunity for a hearing
upon request, in accordance with published pro-
cedures, to any area agency on aging submit-
ting a plan under this title, to any provider of
(or applicant to provide) services;
‘‘(B) issue guidelines applicable to griev-
ance 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 pro-
vide) services, or by any recipient of services
under this title regarding any waiver request,
including those under section 316.’’;
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(2) in paragraph (7), by striking subparagraph
(C);
(3) by striking paragraphs (8) and (9) and in-
serting the following:
‘‘(8)(A) The plan shall provide that no sup-
portive services, nutrition services, or in-home serv-
ices 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.
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‘‘(C) The plan may specify that an area agency
on aging is allowed to directly provide information
and assistance services 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 accord-
ance 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 re-
ceived 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 de-
scribe how funds have been allocated to meet those
needs.’’;
(5) by striking paragraphs (11), (12), (13), and
(14);
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(6) by redesignating paragraphs (15) and (16)
as paragraphs (11) and (12), respectively;
(7) by striking paragraph (17);
(8) by redesignating paragraph (18) as para-
graph (13);
(9) by striking paragraph (19);
(10) by redesignating paragraph (20) as para-
graph (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 collaborative programs’’;
(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);
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(17) by redesignating paragraphs (30) and (32)
as paragraphs (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 benefits provided by
the agency, including programs and benefits
provided under this title, if applicable, and
specify the ways in which the State agency in-
tends to implement the activities.’’;
(19) by redesignating paragraph (36) as para-
graph (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), respec-
tively; and
(22) by adding at the end the following:
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‘‘(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 rela-
tionship that is not carried out to implement this
title.’’.
SEC. 307. PLANNING, COORDINATION, EVALUATION, AND
ADMINISTRATION 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 sec-
tion 307(a)(13) regarding Part C of this
title,’’; and
(ii) by striking ‘‘30 percent’’ and in-
serting ‘‘40 percent’’;
(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 per-
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cent 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 subpara-
graph (B) shall—
‘‘(i) be not more than 1 page in length;
‘‘(ii) include a request that the waiver be grant-
ed;
‘‘(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 to in subpara-
graph (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 re-
spect to an amount if the transfer of the amount
would jeopardize the appropriate provision of serv-
ices 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
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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 or-
ganization 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’’;
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(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 ‘‘AVAIL-
ABILITY 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), respec-
tively;
(3) by inserting before subsection (c) (as redes-
ignated by paragraph (2)) the following:
‘‘(a) The purpose of this section is to provide incen-
tives 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 combina-
tion thereof (at the discretion of the State) to each State
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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, 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 pre-
ceding 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 preceding fiscal year, the number of
meals served by the title VI grantee for the preceding fis-
cal 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 applica-
tion was approved.’’;
(4) in subsection (c) (as redesignated by para-
graph (2)), by striking paragraph (4);
(5) in subsection (d) (as redesignated by para-
graph (2)), by striking ‘‘Notwithstanding’’ through
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‘‘election’’ and inserting ‘‘In any case in which a
State elects to receive cash payments,’’;
(6) in subsection (d) (as redesignated by para-
graph (2)), by adding at the end the following:
‘‘(4) Among the commodities delivered under sub-
section (c), the Secretary of Agriculture shall give special
emphasis to high protein foods. The Secretary of Agri-
culture, in consultation with the Assistant Secretary, is
authorized to prescribe the terms and conditions respect-
ing the donating of commodities under this subsection.’’;
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 amend-
ed by adding at the end the following:
‘‘SEC. 315. CONSUMER CONTRIBUTIONS.
‘‘(a) COST SHARING.—
‘‘(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), a State is permitted to imple-
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ment 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 para-
graph (1) for the following services:
‘‘(A) Information and assistance, outreach,
benefits counseling, or case management serv-
ices.
‘‘(B) Ombudsman, elder abuse prevention,
legal assistance, or other consumer protection
services.
‘‘(C) Congregate and home delivered
meals.
‘‘(D) Any services delivered through tribal
organizations.
‘‘(3) PROHIBITIONS.—A State or tribal organi-
zation shall not permit the cost sharing described in
paragraph (1) for any services delivered through
tribal organizations. A State shall not permit cost
sharing by a low-income older individual if the in-
come 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 in-
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‘‘(D) not consider assets, savings, or other
property owned by an older individual in deter-
mining whether cost sharing is permitted;
‘‘(E) not deny any service for which funds
are received under this Act for an older indi-
vidual due to the income of such individual or
such individual’s failure to make a cost sharing
payment;
‘‘(F) determine the eligibility of older indi-
viduals to cost share solely by a confidential
declaration of income and with no requirement
for verification; and
‘‘(G) widely distribute State created writ-
ten materials in languages reflecting the read-
ing abilities of older individuals that describe
the criteria for cost sharing, the State’s sliding
scale, and the mandate described under sub-
paragraph (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 adequately demonstrate that—
‘‘(A) a significant proportion of persons re-
ceiving services under this Act subject to cost
sharing in the planning and service area have
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incomes below the threshold established in
State policy; or
‘‘(B) cost sharing would be an unreason-
able administrative 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 noncoercive.
‘‘(2) LOCAL
DECISION.—The area agency on
aging shall consult with the relevant service pro-
viders and older individuals in agency’s planning and
service area in a State to determine the best method
for accepting voluntary contributions under this sub-
section.
‘‘(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 con-
tribute to the cost of the service.
‘‘(4) REQUIRED
ACTS.—The area agency on
aging shall ensure that each service provider will—
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‘‘(A) provide each recipient with an oppor-
tunity to voluntarily 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 ex-
pand the service for which the contributions
were given.
‘‘(c) PARTICIPATION.—
‘‘(1) IN GENERAL.—The State and area agen-
cies on aging, in conducting public hearings on State
and area plans, shall solicit the views of older indi-
viduals, providers, and other stakeholders on imple-
mentation 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 participation of low-in-
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come older individuals (with particular attention to
low-income minority individuals and older individuals
residing in rural areas) receiving services will not de-
crease with the implementation of the cost sharing
under such subsection.
‘‘(d) EVALUATION.—Not later than 1 year after the
date of enactment of the Older Americans Act Amend-
ments of 2000, and annually thereafter, the Assistant Sec-
retary shall conduct a comprehensive evaluation of prac-
tices for cost sharing to determine its impact on participa-
tion rates with particular attention to low-income and mi-
nority 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 indi-
viduals 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
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sufficient to establish, to the satisfaction of the Assistant
Secretary, that—
‘‘(1) approval of the State legislature has been
obtained or is not required with respect to the pro-
posal for which waiver is sought;
‘‘(2) the State agency has collaborated with the
area agencies on aging in the State and other orga-
nizations 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 oppor-
tunity for a public hearing upon request, within the
State (and a summary of all of the comments re-
ceived has been included in the application); and
‘‘(4) the State agency has given adequate con-
sideration to the probable positive and negative con-
sequences of approval of the waiver application, and
the probable benefits for older individuals can rea-
sonably be expected to outweigh any negative con-
sequences, 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 sec-
tion are—
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‘‘(1) any provision of sections 305, 306, and
307 requiring statewide uniformity of programs car-
ried out under this title, to the extent necessary to
permit demonstrations, in limited areas of a State,
of innovative approaches to assist older individuals;
‘‘(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 sec-
tion 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 cer-
tain amounts of a State allotment be used for the
provision of services, with respect to a State that re-
duces 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 min-
imum specified in section 304(d) or any other provi-
sion of this title).
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‘‘(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 speci-
fy 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 appropriate.
‘‘(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 re-
quire, 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.’’.
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 govern-
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(D) in paragraph (12), by inserting before
the semicolon the following: ‘‘, and including
the coordination of the services 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 individ-
uals, 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 con-
sideration the age, economic need, and noneconomic
and nonhealth factors contributing to the frail condi-
tion and need for services of the individuals de-
scribed in this paragraph, and in-home services de-
fined by an area agency on aging in the area plan
submitted under section 306.’’;
(G) by redesignating paragraph (22) as
paragraph (23); and
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(H) in paragraph (23) (as redesignated by
subparagraph (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 efficiently and effectively deliver services to older in-
dividuals, each area agency on aging shall coordinate serv-
ices described in subsection (a) with other community
agencies and voluntary organizations providing the same
services. In coordinating the services, the area agency on
aging shall make efforts to coordinate the services with
agencies and organizations carrying out intergenerational
programs or projects.
‘‘(d) Funds made available under this part shall sup-
plement, 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.
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(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 Americans 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 Ameri-
cans 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 indi-
vidual with comparable expertise in the planning of
nutritional services, and
‘‘(2) ensure that the project—
‘‘(A) provides meals that—
‘‘(i) comply with the Dietary Guide-
lines for Americans, published by the Sec-
retary and the Secretary of Agriculture,
‘‘(ii) provide to each participating
older individual—
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‘‘(I) a minimum of 33 1⁄3 percent
of the daily recommended dietary al-
lowances as established by the Food
and Nutrition Board of the Institute
of Medicine of the National Academy
of Sciences, if the project provides 1
meal per day,
‘‘(II) a minimum of 662⁄3 percent
of the allowances if the project pro-
vides 2 meals per day, and
‘‘(III) 100 percent of the allow-
ances if the project provides 3 meals
per day, and
‘‘(iii) to the maximum extent prac-
ticable, 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 participants,
‘‘(C) encourages providers to enter into
contracts that limit the amount of time meals
must spend in transit before they are con-
sumed,
‘‘(D) where feasible, encourages arrange-
ments with schools and other facilities serving
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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 indi-
viduals’ residences as feasible,
‘‘(F) comply with applicable provisions of
State or local laws regarding the safe and sani-
tary 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 in-
dividuals with comparable expertise), meal par-
ticipants, and other individuals knowledgeable
with regard to the needs of older individuals,
‘‘(H) ensures that each participating area
agency on aging establishes procedures that
allow nutrition project administrators the op-
tion 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 disabil-
ities who reside at home with and accompany
older individuals eligible under this chapter,
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‘‘(I) ensures that nutrition services will be
available to older individuals and to their
spouses, and may be made available to individ-
uals with disabilities who are not older individ-
uals but who reside in housing facilities occu-
pied primarily by older individuals at which
congregate nutrition services are provided, and
‘‘(J) provide for nutrition screening and,
where appropriate, for nutrition education and
counseling.
SEC. 314. IN-HOME SERVICES AND ADDITIONAL ASSIST-
ANCE.
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 PRO-
GRAM.
Title III of the Older Americans Act of 1965 (42
U.S.C. 3021 et seq.) is amended—
(1) by repealing part G; and
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(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’.
‘‘Subpart 1—Caregiver Support Program
‘‘SEC. 372. DEFINITIONS.
‘‘In this subpart:
‘‘(1) CHILD.—The term ‘child’ means an indi-
vidual who is not more than 18 years of age.
‘‘(2) FAMILY
CAREGIVER.—The term ‘family
caregiver’ means an adult family member, or an-
other 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 ‘grand-
parent 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
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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 informally.
‘‘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 program 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 services;
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‘‘(3) individual counseling, organization of sup-
port 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 tem-
porarily relieved from their caregiving responsibil-
ities; and
‘‘(5) supplemental services, on a limited basis,
to complement 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 in-
dividuals 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 individual who
meets the condition specified in subparagraph
(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 eco-
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nomic need, (with particular attention to low-income
older individuals) and older individuals providing
care and support to persons with mental retardation
and related developmental disabilities (as defined in
section 102 of the Developmental Disabilities Assist-
ance and Bill of Rights Act (42 U.S.C. 6001)) (re-
ferred to in this subpart as ‘developmental disabil-
ities’).
‘‘(d) COORDINATION WITH SERVICE PROVIDERS.—
In carrying out this subpart, each area agency on aging
shall coordinate the activities 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
ACCOUNTABILITY.—
‘‘(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 col-
lect data and maintain records relating to the State
program in a standardized format specified by the
Assistant Secretary. The State shall furnish the
records to the Assistant Secretary, at such time as
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the Assistant Secretary may require, in order to en-
able the Assistant Secretary to monitor State pro-
gram administration and compliance, and to evalu-
ate and compare the effectiveness of the State pro-
grams.
‘‘(3) REPORTS.—The State shall prepare and
submit to the Assistant Secretary reports on the
data and records required under paragraph (2), in-
cluding 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 sec-
tion 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 Sec-
retary shall first determine the amount allotted
to each State under subparagraph (A) and then
proportionately adjust such amounts, if nec-
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essary, 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 reli-
able demographic data satisfactory to the As-
sistant Secretary.
‘‘(2) MINIMUM ALLOTMENT.—
‘‘(A) The amounts allotted under para-
graph (1) shall be reduced proportionately to
the extent necessary to increase other allot-
ments 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 per-
cent of the amount appropriated for the fiscal
year for which the determination is made.
‘‘(iii) American Samoa and the Common-
wealth of the Northern Mariana Islands shall
each be allotted 1⁄16 of 1 percent of the amount
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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 accord-
ance with section 303(c)(1), for costs of administra-
tion of area plans.
‘‘(2) FEDERAL SHARE.—
‘‘(A) IN GENERAL.—Notwithstanding sec-
tion 304(d)(1)(D), the Federal share of the cost
of carrying out a State program under this sub-
part 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 available to the State to pro-
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vide support services to grandparents and older
individuals who are relative caregivers.
‘‘SEC. 374. MAINTENANCE OF EFFORT.
‘‘Funds made available under this subpart shall sup-
plement, 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 ap-
proaches to sustaining the efforts of families and other
informal caregivers of older individuals, and to serving
particular groups of caregivers of older individuals, includ-
ing 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.
‘‘(b) EVALUATION
AND DISSEMINATION
OF RE-
SULTS.—The Assistant Secretary shall provide for evalua-
tion of the effectiveness of programs and activities funded
with grants made under this section, and for dissemina-
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tion to States of descriptions and evaluations of such pro-
grams and activities, to enable States to incorporate suc-
cessful approaches into their programs carried out under
this part.
‘‘(c) SUNSET PROVISION.—This section shall be ef-
fective for 3 fiscal years after the date of 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 na-
tional significance to promote quality and continuous im-
provement in the support provided to family and other in-
formal caregivers of older individuals through program
evaluation, training, technical assistance, and research.
‘‘(b) SUNSET PROVISION.—This section shall be ef-
fective for 3 fiscal years after the date of enactment of
the Older Americans Act Amendments of 2000.’’.
TITLE 
IV—TRAINING, 
RE-
SEARCH, 
AND 
DISCRE-
TIONARY 
PROJECTS 
AND
PROGRAMS
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:
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‘‘SEC. 401. PURPOSES.
‘‘The purposes of this title are—
‘‘(1) to expand the Nation’s knowledge and un-
derstanding of the older population and the aging
process;
‘‘(2) to design, test, and promote the use of in-
novative ideas and best practices in programs and
services for older individuals;
‘‘(3) to help meet the needs for trained per-
sonnel 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, pri-
vate nonprofit agencies, institutions of higher education,
and organizations, including tribal organizations, for—
‘‘(1) education and training to develop an ade-
quately trained workforce to work with and on be-
half of older individuals;
‘‘(2) applied social research and analysis to im-
prove access to and delivery of services for older in-
dividuals;
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‘‘(3) evaluation of the performance of the pro-
grams, activities, and services provided under this
section;
‘‘(4) the development of methods and practices
to improve the quality and effectiveness of the pro-
grams, services, and activities provided under this
section;
‘‘(5) the demonstration of new approaches to
design, deliver, and coordinate programs and serv-
ices for older individuals;
‘‘(6) technical assistance in planning, devel-
oping, implementing, 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 individ-
uals who are blind as described in such Act;
‘‘(8) the training of graduate level professionals
specializing in the mental health needs of older indi-
viduals; and
‘‘(9) any other activities that the Assistant Sec-
retary determines will achieve the objectives of this
section.
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‘‘(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 necessary 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 Excel-
lence in Applied Gerontology, and other educational insti-
tutions that serve the needs of minority students, to pro-
vide 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 AP-
PLIED GERONTOLOGY.—The term ‘Hispanic Center
of Excellence in Applied Gerontology’ means an in-
stitution of higher education with a program in ap-
plied gerontology that—
‘‘(A) has a significant number of Hispanic
individuals enrolled in the program, including
individuals accepted for enrollment in the pro-
gram;
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‘‘(B) has been effective in assisting His-
panic students of the program to complete the
program and receive the degree involved;
‘‘(C) has been effective in recruiting His-
panic individuals to attend the program, includ-
ing providing scholarships and other financial
assistance to such individuals and encouraging
Hispanic students of secondary educational in-
stitutions to attend the program; and
‘‘(D) has made significant recruitment ef-
forts to increase the number and placement of
Hispanic individuals serving in faculty or ad-
ministrative positions in the program.
‘‘(2) HISTORICALLY BLACK COLLEGE OR UNI-
VERSITY.—The term ‘historically Black college or
university’ has the meaning given the term ‘part B
institution’ in section 322(2) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1061(2)).
‘‘SEC. 413. OLDER INDIVIDUALS’ PROTECTION FROM VIO-
LENCE PROJECTS.
‘‘(a) PROGRAM AUTHORIZED.—The Assistant Sec-
retary shall make grants to States, area agencies on aging,
nonprofit organizations, or tribal organizations to carry
out the activities described in subsection (b).
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‘‘(b) ACTIVITIES.—A State, an area agency on aging,
a nonprofit organization, or a tribal organization that re-
ceives a grant under subsection (a) shall use such grant
to—
‘‘(1) support projects in local communities, in-
volving diverse sectors of each community, to coordi-
nate activities concerning intervention in and preven-
tion of elder abuse, neglect, and exploitation, includ-
ing 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 (in-
cluding family violence and sexual assault, against
older individuals), including programs directed to-
ward assisting the individuals in senior housing com-
plexes, nursing homes, board and care facilities, and
senior centers;
‘‘(3) expand access to family violence and sex-
ual 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
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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 pro-
grams, 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 sub-
section (a), the Assistant Secretary shall give preference
to a State, an area agency on aging, a nonprofit organiza-
tion, 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 or-
ganization, 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 protec-
tive service programs, private nonprofit organizations, and
by other entities receiving funds under title VII of this
Act.
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‘‘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 devel-
oping or operating model health care service projects (in-
cluding related home health care services, adult day health
care, outreach, and transportation) through multipurpose
senior centers that are located in rural areas and that pro-
vide nutrition services under section 331, to meet the
health care needs of medically underserved older individ-
uals residing in such areas.
‘‘(b) ELIGIBILITY.—To be eligible to receive a grant
under subsection (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 ex-
tent of the applicant’s—
‘‘(A) experience in providing medical serv-
ices 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 graduate programs with capability
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in public health, the medical sciences, psy-
chology, pharmacology, nursing, social
work, health education, nutrition, or geron-
tology, for the purpose of designing and
developing such project; and
‘‘(ii) critical access hospitals (as de-
fined in section 1861(mm)(1) of the Social
Security Act (42 U.S.C. 1395x(mm)(1))
and rural health clinics (as defined in sec-
tion 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 popu-
lation of less than 5,000; or
‘‘(ii) in a county that has fewer than 7 in-
dividuals per square mile; and
‘‘(B) in a State in which—
‘‘(i) not less than 331⁄3 of the popu-
lation resides in rural areas; and
‘‘(ii) not less than 5 percent of the
population resides in counties with fewer
than 7 individuals per square mile;
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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 Assistant Secretary such evaluations and re-
ports as the Assistant Secretary may require.
‘‘(c) REPORTS.—The Assistant Secretary shall pre-
pare and submit to the appropriate committees of Con-
gress a report that includes summaries of the evaluations
and reports required under subsection (b).
‘‘SEC. 415. COMPUTER TRAINING.
‘‘(a) PROGRAM AUTHORIZED.—The Assistant Sec-
retary, in consultation with the Assistant Secretary of
Commerce for Communications and Information, may
award grants or contracts to entities to provide computer
training and enhanced Internet access for older individ-
uals.
‘‘(b) PRIORITY.—If the Assistant Secretary awards
grants under subsection (a), the Assistant Secretary shall
give priority to an entity that—
‘‘(1) will provide services to older individuals
living in rural areas;
‘‘(2) has demonstrated expertise in providing
computer training to older individuals; or
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‘‘(3) has demonstrated that it has a variety of
training delivery methods, including facility-based,
computer-based, and Internet-based training, that
may facilitate a determination of the best method of
training older individuals.
‘‘(c) SPECIAL CONSIDERATION.—In awarding grants
under this section, the Assistant Secretary shall give spe-
cial consideration to applicants that have entered into a
partnership with 1 or more private entities providing such
applicants with donated information technologies includ-
ing software, hardware, or training.
‘‘(d) USE
OF FUNDS.—An entity that receives a
grant or contract under subsection (a) shall use funds re-
ceived under such grant or contract to provide training
for older individuals that—
‘‘(1) relates to the use of computers and related
equipment, in order to improve the self-employment
and employment-related technology skills of older in-
dividuals, as well as their ability to use the Internet;
and
‘‘(2) is provided at senior centers, housing fa-
cilities for older individuals, elementary schools, sec-
ondary schools, and institutions of higher education.
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‘‘SEC. 416. TECHNICAL ASSISTANCE TO IMPROVE TRANS-
PORTATION FOR SENIORS.
‘‘(a) IN GENERAL.—The Secretary may award grants
or contracts to nonprofit organizations to improve trans-
portation services for older individuals.
‘‘(b) USE OF FUNDS.—A nonprofit organization re-
ceiving a grant or contract under subsection (a) shall use
funds received under such grant or contract to provide
technical assistance to assist local transit providers, area
agencies on aging, senior centers and local senior support
groups to encourage and facilitate coordination of Federal,
State, and local transportation services and resources for
older individuals. Such technical assistance may include—
‘‘(1) developing innovative approaches for im-
proving access by older individuals to supportive
services;
‘‘(2) preparing and disseminating information
on transportation options and resources for older in-
dividuals and organizations serving such individuals
through establishing a toll-free telephone number;
‘‘(3) developing models and best practices for
comprehensive integrated transportation services for
older individuals, including services administered by
the Secretary of Transportation, by providing ongo-
ing technical assistance to agencies providing serv-
ices under title III and by assisting in coordination
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of public and community transportation services;
and
‘‘(4) providing special services to link seniors to
transportation services not provided under title III.
‘‘SEC. 
417. 
DEMONSTRATION 
PROJECTS 
FOR
MULTIGENERATIONAL ACTIVITIES.
‘‘(a) GRANTS AND CONTRACTS.—The Assistant Sec-
retary may award grants and enter into contracts with eli-
gible organizations to establish demonstration projects to
provide older individuals with multigenerational activities.
‘‘(b) USE OF FUNDS.—An eligible organization shall
use funds made available under a grant awarded, or a con-
tract entered into, under subsection (a)—
‘‘(1) to carry out a demonstration project that
provides multigenerational activities, including any
professional training appropriate to such activities
for older individuals; and
‘‘(2) to evaluate the project in accordance with
subsection (f).
‘‘(c) PREFERENCE.—In awarding grants and enter-
ing into contracts under subsection (a), the Assistant Sec-
retary shall give preference to—
‘‘(1) eligible organizations with a demonstrated
record of carrying out multigenerational activities;
and
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‘‘(2) eligible organizations proposing projects
that will serve older individuals with greatest eco-
nomic need (with particular attention to low-income
minority individuals and older individuals residing in
rural areas).
‘‘(d) APPLICATION.—To be eligible to receive a grant
or enter into a contract under subsection (a), an organiza-
tion shall submit an application to the Assistant Secretary
at such time, in such manner, and accompanied by such
information as the Assistant Secretary may reasonably re-
quire.
‘‘(e) ELIGIBLE ORGANIZATIONS.—Organizations eli-
gible to receive a grant or enter into a contract under sub-
section (a) shall be organizations that employ, or provide
opportunities for, older individuals in multigenerational
activities.
‘‘(f) LOCAL EVALUATION AND REPORT.—
‘‘(1) EVALUATION.—Each organization receiv-
ing a grant or a contract under subsection (a) to
carry out a demonstration project shall evaluate the
multigenerational 
activities 
assisted 
under 
the
project to determine the effectiveness of the
multigenerational activities, the impact of such ac-
tivities on child care and youth day care programs,
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and the impact of such activities on older individuals
involved in such project.
‘‘(2) REPORT.—The organization shall submit a
report to the Assistant Secretary containing the
evaluation not later than 6 months after the expira-
tion of the period for which the grant or contract is
in effect.
‘‘(g) REPORT
TO CONGRESS.—Not later than 6
months after the Assistant Secretary receives the reports
described in subsection (f)(2), the Assistant Secretary
shall prepare and submit to the Speaker of the House of
Representatives and the President pro tempore of the Sen-
ate a report that assesses the evaluations and includes,
at a minimum—
‘‘(1) the names or descriptive titles of the dem-
onstration projects funded under subsection (a);
‘‘(2) a description of the nature and operation
of the projects;
‘‘(3) the names and addresses of organizations
that conducted the projects;
‘‘(4) a description of the methods and success
of the projects in recruiting older individuals as em-
ployees and volunteers to participate in the projects;
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‘‘(5) a description of the success of the projects
in retaining older individuals involved in the projects
as employees and as volunteers; and
‘‘(6) the rate of turnover of older individual em-
ployees and volunteers in the projects.
‘‘(h) DEFINITION.—As used in this section, the term
‘multigenerational activity’ includes an opportunity to
serve as a mentor or adviser in a child care program, a
youth day care program, an educational assistance pro-
gram, an at-risk youth intervention program, a juvenile
delinquency treatment program, or a family support pro-
gram.
‘‘SEC. 418. NATIVE AMERICAN PROGRAMS.
‘‘(a) ESTABLISHMENT.—
‘‘(1) IN
GENERAL.—The Assistant Secretary
shall make grants or enter into contracts with not
fewer than 2 and not more than 4 eligible entities
to establish and operate Resource Centers on Native
American Elders (referred to in this section as ‘Re-
source Centers’). The Assistant Secretary shall make
such grants or enter into such contracts for periods
of not less than 3 years.
‘‘(2) FUNCTIONS.—
‘‘(A) IN GENERAL.—Each Resource Center
that receives funds under this section shall—
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‘‘(i) gather information;
‘‘(ii) perform research;
‘‘(iii) provide for the dissemination of
results of the research; and
‘‘(iv) provide technical assistance and
training to entities that provide services to
Native Americans who are older individ-
uals.
‘‘(B) AREAS OF CONCERN.—In conducting
the functions described in subparagraph (A), a
Resource Center shall focus on priority areas of
concern for the Resource Centers regarding Na-
tive Americans who are older individuals, which
areas shall be—
‘‘(i) health problems;
‘‘(ii) long-term care, including in-
home care;
‘‘(iii) elder abuse; and
‘‘(iv) other problems and issues that
the Assistant Secretary determines are of
particular importance to Native Americans
who are older individuals.
‘‘(3) PREFERENCE.—In awarding grants and
entering into contracts under paragraph (1), the As-
sistant Secretary shall give preference to institutions
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of higher education that have conducted research on,
and assessments of, the characteristics and needs of
Native Americans who are older individuals.
‘‘(4) CONSULTATION.—In determining the type
of information to be sought from, and activities to
be performed by, Resource Centers, the Assistant
Secretary shall consult with the Director of the Of-
fice for American Indian, Alaskan Native, and Na-
tive Hawaiian Aging and with national organizations
with special expertise in serving Native Americans
who are older individuals.
‘‘(5) ELIGIBLE ENTITIES.—To be eligible to re-
ceive a grant or enter into a contract under para-
graph (1), an entity shall be an institution of higher
education with experience conducting research and
assessment on the needs of older individuals.
‘‘(6) REPORT
TO CONGRESS.—The Assistant
Secretary, with assistance from each Resource Cen-
ter, shall prepare and submit to the Speaker of the
House of Representatives and the President pro
tempore of the Senate an annual report on the sta-
tus and needs, including the priority areas of con-
cern, of Native Americans who are older individuals.
‘‘(b) TRAINING GRANTS.—The Assistant Secretary
shall make grants and enter into contracts to provide in-
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service training opportunities and courses of instruction
on aging to Indian tribes through public or nonprofit In-
dian aging organizations and to provide annually a na-
tional meeting to train directors of programs under this
title.
‘‘SEC. 419. MULTIDISCIPLINARY CENTERS.
‘‘(a) PROGRAM AUTHORIZED.—The Assistant Sec-
retary may make grants to public and private nonprofit
agencies, organizations, and institutions for the purpose
of establishing or supporting multidisciplinary centers of
gerontology, and gerontology centers of special emphasis
(including emphasis on nutrition, employment, health (in-
cluding mental health), disabilities (including severe dis-
abilities), income maintenance, counseling services, sup-
portive services, minority populations, and older individ-
uals residing in rural areas).
‘‘(b) USE OF FUNDS.—
‘‘(1) IN GENERAL.—The centers described in
subsection (a) shall conduct research and policy
analysis and function as a technical resource for the
Assistant Secretary, policymakers, service providers,
and Congress.
‘‘(2) MULTIDISCIPLINARY CENTERS.—The mul-
tidisciplinary centers of gerontology described in
subsection (a) shall—
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‘‘(A) recruit and train personnel;
‘‘(B) conduct basic and applied research
toward the development of information related
to aging;
‘‘(C) stimulate the incorporation of infor-
mation on aging into the teaching of biological,
behavioral, and social sciences at colleges and
universities;
‘‘(D) help to develop training programs in
the field of aging at schools of public health,
education, social work, and psychology, and
other appropriate schools within colleges and
universities;
‘‘(E) serve as a repository of information
and knowledge on aging;
‘‘(F) provide consultation and information
to public and voluntary organizations, including
State agencies and area agencies on aging,
which serve the needs of older individuals in
planning and developing services provided under
other provisions of this Act; and
‘‘(G) if appropriate, provide information
relating to assistive technology.
‘‘(c) DATA.—
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‘‘(1) IN GENERAL.—Each center that receives a
grant under subsection (a) shall provide data to the
Assistant Secretary on the projects and activities
carried out with funds received under such sub-
section.
‘‘(2) INFORMATION INCLUDED.—Such data de-
scribed in paragraph (1) shall include—
‘‘(A) information on the number of per-
sonnel trained;
‘‘(B) information on the number of older
individuals served;
‘‘(C) information on the number of schools
assisted; and
‘‘(D) other information that will facilitate
achieving the objectives of this section.
‘‘SEC. 420. DEMONSTRATION AND SUPPORT PROJECTS FOR
LEGAL ASSISTANCE FOR OLDER INDIVID-
UALS.
‘‘(a) PROGRAM AUTHORIZED.—The Assistant Sec-
retary shall make grants and enter into contracts, in order
to—
‘‘(1) provide a national legal assistance support
system (operated by one or more grantees or con-
tractors) of activities to State and area agencies on
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aging for providing, developing, or supporting legal
assistance for older individuals, including—
‘‘(A) case consultations;
‘‘(B) training;
‘‘(C) provision of substantive legal advice
and assistance; and
‘‘(D) assistance in the design, implementa-
tion, and administration of legal assistance de-
livery systems to local providers of legal assist-
ance for older individuals; and
‘‘(2) support demonstration projects to expand
or improve the delivery of legal assistance to older
individuals with social or economic needs.
‘‘(b) ASSURANCES.—Any grants or contracts
made under subsection (a)(2) shall contain assurances
that the requirements of section 307(a)(11) are met.
‘‘(c) ASSISTANCE.—To carry out subsection
(a)(1), the Assistant Secretary shall make grants to or
enter into contracts with national nonprofit organizations
experienced in providing support and technical assistance
on a nationwide basis to States, area agencies on aging,
legal assistance providers, ombudsmen, elder abuse pre-
vention programs, and other organizations interested in
the legal rights of older individuals.
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‘‘SEC. 421. OMBUDSMAN AND ADVOCACY DEMONSTRATION
PROJECTS.
‘‘(a) PROGRAM AUTHORIZED.—The Assistant Sec-
retary shall award grants to not fewer than 3 and not
more than 10 States to conduct demonstrations and evalu-
ate cooperative projects between the State long-term care
ombudsman program, legal assistance agencies, and the
State protection and advocacy systems for individuals with
developmental disabilities and individuals with mental ill-
ness, established under part C of the Developmental Dis-
abilities Assistance and Bill of Rights Act (42 U.S.C.
6041 et seq.) and under the Protection and Advocacy for
Mentally Ill Individuals Act of 1986 (42 U.S.C. 10801 et
seq.).
‘‘(b) REPORT.—The Assistant Secretary shall pre-
pare and submit to Congress a report containing the re-
sults of the evaluation required by subsection (a). Such
report shall contain such recommendations as the Assist-
ant Secretary determines to be appropriate.
‘‘PART B—GENERAL PROVISIONS
‘‘SEC. 431. PAYMENT OF GRANTS.
‘‘(a) CONTRIBUTIONS.—To the extent the Assistant
Secretary determines a contribution to be appropriate, the
Assistant Secretary shall require the recipient of any grant
or contract under this title to contribute money, facilities,
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or services for carrying out the project for which such
grant or contract was made.
‘‘(b) PAYMENTS.—Payments under this title pur-
suant to a grant or contract may be made (after nec-
essary adjustment, in the case of grants, on account of
previously made overpayments or underpayments) in ad-
vance or by way of reimbursement, and in such install-
ments and on such conditions, as the Assistant Secretary
may determine.
‘‘(c) CONSULTATION.—The Assistant Secretary
shall make no grant or contract under this title in any
State that has established or designated a State agency
for purposes of title III unless the Assistant Secretary—
‘‘(1) consults with the State agency prior to
issuing the grant or contract; and
‘‘(2) informs the State agency of the purposes
of the grant or contract when the grant or contract
is issued.
‘‘SEC. 432. RESPONSIBILITIES OF ASSISTANT SECRETARY.
‘‘(a) IN GENERAL.—The Assistant Secretary shall be
responsible for the administration, implementation, and
making of grants and contracts under this title and shall
not delegate authority under this title to any other indi-
vidual, agency, or organization.
‘‘(b) REPORT.—
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‘‘(1) IN GENERAL.—Not later than January 1
following each fiscal year, the Assistant Secretary
shall submit, to the Speaker of the House of Rep-
resentatives and the President pro tempore of the
Senate, a report for such fiscal year that describes
each project and each program—
‘‘(A) for which funds were provided under
this title; and
‘‘(B) that was completed in the fiscal year
for which such report is prepared.
‘‘(2) CONTENTS.—Such report shall contain—
‘‘(A) the name or descriptive title of each
project or program;
‘‘(B) the name and address of the indi-
vidual or governmental entity that conducted
such project or program;
‘‘(C) a specification of the period through-
out which such project or program was con-
ducted;
‘‘(D) the identity of each source of funds
expended to carry out such project or program
and the amount of funds provided by each such
source;
‘‘(E) an abstract describing the nature and
operation of such project or program; and
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‘‘(F) a bibliography identifying all pub-
lished information relating to such project or
program.
‘‘(c) EVALUATIONS.—
‘‘(1) IN
GENERAL.—The Assistant Secretary
shall establish by regulation and implement a proc-
ess to evaluate the results of projects and programs
carried out under this title.
‘‘(2) 
RESULTS.—The 
Assistant 
Secretary
shall—
‘‘(A) make available to the public the re-
sults of each evaluation carried out under para-
graph (1); and
‘‘(B) use such evaluation to improve serv-
ices delivered, or the operation of projects and
programs carried out, under this Act.’’.
TITLE V—AMENDMENT TO TITLE
V OF THE OLDER AMERICANS
ACT OF 1965
SEC. 501. AMENDMENT TO TITLE V OF THE OLDER AMERI-
CANS ACT OF 1965.
Title V of the Older Americans Act of 1965 (42
U.S.C. 3056 et seq.) is amended to read as follows:
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‘‘TITLE V—COMMUNITY SERVICE
EMPLOYMENT 
FOR 
OLDER
AMERICANS
‘‘SEC. 501. SHORT TITLE.
‘‘This title may be cited as the ‘Older American Com-
munity Service Employment Act’.
‘‘SEC. 502. OLDER AMERICAN COMMUNITY SERVICE EM-
PLOYMENT PROGRAM.
‘‘(a)(1) In order to foster and promote useful part-
time opportunities in community service activities for un-
employed low-income persons who are 55 years or older
and who have poor employment prospects, and in order
to foster individual economic self-sufficiency and to in-
crease the number of persons who may enjoy the benefits
of unsubsidized employment in both the public and private
sectors, the Secretary of Labor (hereinafter in this title
referred to as the ‘Secretary’) is authorized to establish
an older American community service employment pro-
gram.
‘‘(2) Amounts appropriated to carry out this title
shall be used only to carry out the provisions contained
in this title.
‘‘(b)(1) In order to carry out the provisions of this
title, the Secretary is authorized to enter into agreements,
subject to section 514, with State and national public and
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private nonprofit agencies and organizations, agencies of
a State government or a political subdivision of a State
(having elected or duly appointed governing officials), or
a combination of such political subdivisions, or tribal orga-
nizations in order to further the purposes and goals of
the program. Such agreements may include provisions for
the payment of costs, as provided in subsection (c) of this
section, of projects developed by such organizations and
agencies in cooperation with the Secretary in order to
make the program effective or to supplement the program.
No payment shall be made by the Secretary toward the
cost of any project established or administered by any or-
ganization or agency unless the Secretary determines that
such project—
‘‘(A) will provide employment only for eligible
individuals except for necessary technical, adminis-
trative, and supervisory personnel, but such per-
sonnel shall, to the fullest extent possible, be re-
cruited from among eligible individuals;
‘‘(B)(i) will provide employment for eligible in-
dividuals in the community in which such individuals
reside, or in nearby communities; or
‘‘(ii) if such project is carried out by a tribal or-
ganization that enters into an agreement under this
subsection or receives assistance from a State that
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enters into such an agreement, will provide employ-
ment for such individuals, including those who are
Indians residing on an Indian reservation, as the
term is defined in section 2601(2) of the Energy
Policy Act of 1992 (25 U.S.C. 3501(2));
‘‘(C) will employ eligible individuals in service
related to publicly owned and operated facilities and
projects, or projects sponsored by organizations,
other than political parties, exempt from taxation
under the provisions of section 501(c)(3) of the In-
ternal Revenue Code of 1986, except projects involv-
ing the construction, operation, or maintenance of
any facility used or to be used as a place for sec-
tarian religious instruction or worship;
‘‘(D) will contribute to the general welfare of
the community;
‘‘(E) will provide employment for eligible indi-
viduals;
‘‘(F)(i) will result in an increase in employment
opportunities over those opportunities which would
otherwise be available;
‘‘(ii) will not result in the displacement of cur-
rently employed workers (including partial displace-
ment, such as a reduction in the hours of non-
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overtime work or wages or employment benefits);
and
‘‘(iii) will not impair existing contracts or result
in the substitution of Federal funds for other funds
in connection with work that would otherwise be per-
formed;
‘‘(G) will not employ or continue to employ any
eligible individual to perform work the same or sub-
stantially the same as that performed by any other
person who is on layoff;
‘‘(H) will utilize methods of recruitment and se-
lection (including participating in a one-stop delivery
system as established under section 134(c) of the
Workforce Investment Act of 1998 (29 U.S.C.
2864(c)) and listing of job vacancies with the em-
ployment agency operated by any State or political
subdivision thereof) which will assure that the max-
imum number of eligible individuals will have an op-
portunity to participate in the project;
‘‘(I) will include such training as may be nec-
essary to make the most effective use of the skills
and talents of those individuals who are partici-
pating, and will provide for the payment of the rea-
sonable expenses of individuals being trained, includ-
ing a reasonable subsistence allowance;
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‘‘(J) will assure that safe and healthy condi-
tions of work will be provided, and will assure that
persons employed in community service and other
jobs assisted under this title shall be paid wages
which shall not be lower than whichever is the high-
est of—
‘‘(i) the minimum wage which would be ap-
plicable to the employee under the Fair Labor
Standards Act of 1938, if section 6(a)(1) of
such Act applied to the participant and if the
participant were not exempt under section 13
thereof;
‘‘(ii) the State or local minimum wage for
the most nearly comparable covered employ-
ment; or
‘‘(iii) the prevailing rates of pay for per-
sons employed in similar public occupations by
the same employer;
‘‘(K) will be established or administered with
the advice of persons competent in the field of serv-
ice in which employment is being provided, and of
persons who are knowledgeable with regard to the
needs of older persons;
‘‘(L) will authorize pay for necessary transpor-
tation costs of eligible individuals which may be in-
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curred in employment in any project funded under
this title, in accordance with regulations promul-
gated by the Secretary;
‘‘(M) will assure that, to the extent feasible,
such project will serve the needs of minority, limited
English-speaking, and Indian eligible individuals,
and eligible individuals who have the greatest eco-
nomic need, at least in proportion to their numbers
in the State and take into consideration their rates
of poverty and unemployment;
‘‘(N)(i) will prepare an assessment of the par-
ticipants’ skills and talents and their needs for serv-
ices, except to the extent such project has, for the
participant involved, recently prepared an assess-
ment of such skills and talents, and such needs, pur-
suant to another employment or training program
(such as a program under the Workforce Investment
Act of 1998 (29 U.S.C. 2801 et seq.), the Carl D.
Perkins Vocational and Technical Education Act of
1998 (20 U.S.C. 2301 et seq.), or part A of title IV
of the Social Security Act (42 U.S.C. 601 et seq.));
‘‘(ii) will provide to eligible individuals training
and employment counseling based on strategies that
identify appropriate employment objectives and the
need for supportive services, developed as a result of
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the assessment and service strategy provided for in
clause (i); and
‘‘(iii) will provide counseling to participants on
their progress in meeting such objectives and satis-
fying their need for supportive services;
‘‘(O) will provide appropriate services for par-
ticipants through the one-stop delivery system as es-
tablished under section 134(c) of the Workforce In-
vestment Act of 1998 (29 U.S.C. 2864(c)), and will
be involved in the planning and operations of such
system pursuant to a memorandum of under-
standing with the local workforce investment board
in accordance with section 121(c) of such Act (29
U.S.C. 2841(c));
‘‘(P) will post in such project workplace a no-
tice, and will make available to each person associ-
ated with such project a written explanation, clari-
fying the law with respect to allowable and unallow-
able political activities under chapter 15 of title 5,
United States Code, applicable to the project and to
each category of individuals associated with such
project and containing the address and telephone
number of the Inspector General of the Department
of Labor, to whom questions regarding the applica-
tion of such chapter may be addressed;
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‘‘(Q) will provide to the Secretary the descrip-
tion and information described in paragraphs (8)
and (14) of section 112(b) of the Workforce Invest-
ment Act of 1998; and
‘‘(R) will ensure that entities carrying out ac-
tivities under the project, including State offices,
local offices, subgrantees, subcontractors, or other
affiliates of such organization or agency shall receive
an amount of the administration cost allocation that
is sufficient for the administrative activities under
the project to be carried out by such State office,
local office, subgrantee, subcontractor, or other affil-
iate.
‘‘(2) The Secretary is authorized to establish, issue,
and amend such regulations as may be necessary to effec-
tively carry out the provisions of this title.
‘‘(3) The Secretary shall develop alternatives for in-
novative work modes and provide technical assistance in
creating job opportunities through work sharing and other
experimental methods to labor organizations, groups rep-
resenting business and industry and workers as well as
to individual employers, where appropriate.
‘‘(4)(A) An assessment and service strategy provided
for an eligible individual under this title shall satisfy any
condition for an assessment and service strategy or indi-
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vidual employment plan for an adult participant under
subtitle B of title I of the Workforce Investment Act of
1998 (29 U.S.C. 2811 et seq.), in order to determine
whether such individual qualifies for intensive or training
services described in section 134(d) of such Act (29 U.S.C.
2864(d)), in accordance with such Act.
‘‘(B) An assessment and service strategy or indi-
vidual employment plan provided for an adult participant
under subtitle B of title I of the Workforce Investment
Act of 1998 (29 U.S.C. 2811 et seq.) shall satisfy any
condition for an assessment and service strategy for an
eligible individual under this title.
‘‘(c)(1) The Secretary is authorized to pay a share,
but not to exceed 90 percent of the cost of any project
which is the subject of an agreement entered into under
subsection (b) of this section, except that the Secretary
is authorized to pay all of the costs of any such project
which is—
‘‘(A) an emergency or disaster project; or
‘‘(B) a project located in an economically de-
pressed area;
as determined by the Secretary in consultation with the
Secretary of Commerce and the Secretary of Health and
Human Services.
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‘‘(2) The non-Federal share shall be in cash or in
kind. In determining the amount of the non-Federal share,
the Secretary is authorized to attribute fair market value
to services and facilities contributed from non-Federal
sources.
‘‘(3) Of the amount for any project to be paid by the
Secretary under this subsection, not more than 13.5 per-
cent for any fiscal year shall be available for paying the
costs of administration for such project, except that—
‘‘(A) whenever the Secretary determines that it
is necessary to carry out the project assisted under
this title, based on information submitted by the
grantee with which the Secretary has an agreement
under subsection (b), the Secretary may increase the
amount available for paying the cost of administra-
tion to an amount not more than 15 percent of the
cost of such project; and
‘‘(B) whenever the grantee with which the Sec-
retary has an agreement under subsection (b) dem-
onstrates to the Secretary that—
‘‘(i) major administrative cost increases
are being incurred in necessary program compo-
nents, including liability insurance, payments
for workers’ compensation, costs associated
with achieving unsubsidized placement goals,
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and other operation requirements imposed by
the Secretary;
‘‘(ii) the number of employment positions
in the project or the number of minority eligible
individuals participating in the project will de-
cline if the amount available for paying the cost
of administration is not increased; or
‘‘(iii) the size of the project is so small that
the amount of administrative expenses incurred
to carry out the project necessarily exceeds 13.5
percent of the amount for such project;
the Secretary shall increase the amount available for
the fiscal year for paying the cost of administration
to an amount not more than 15 percent of the cost
of such project.
‘‘(4) The costs of administration are the costs, both
personnel and non-personnel and both direct and indirect,
associated with the following:
‘‘(A) The costs of performing overall general
administrative functions and providing for the co-
ordination of functions, such as—
‘‘(i) accounting, budgeting, financial, and
cash management functions;
‘‘(ii) procurement and purchasing func-
tions;
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‘‘(iii) property management functions;
‘‘(iv) personnel management functions;
‘‘(v) payroll functions;
‘‘(vi) coordinating the resolution of find-
ings arising from audits, reviews, investigations,
and incident reports;
‘‘(vii) audit functions;
‘‘(viii) general legal services functions; and
‘‘(ix) developing systems and procedures,
including information systems, required for
these administrative functions.
‘‘(B) The costs of performing oversight and
monitoring responsibilities related to administrative
functions.
‘‘(C) The costs of goods and services required
for administrative functions of the program, includ-
ing goods and services such as rental or purchase of
equipment, utilities, office supplies, postage, and
rental and maintenance of office space.
‘‘(D) The travel costs incurred for official busi-
ness in carrying out administrative activities or over-
all management.
‘‘(E) The costs of information systems related
to administrative functions (for example, personnel,
procurement, purchasing, property management, ac-
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counting, and payroll systems) including the pur-
chase, systems development, and operating costs of
such systems.
‘‘(5) To the extent practicable, an entity that carries
out a project under this title shall provide for the payment
of the expenses described in paragraph (4) from non-Fed-
eral sources.
‘‘(6)(A) Amounts made available for a project under
this title that are not used to pay for the cost of adminis-
tration shall be used to pay for the costs of programmatic
activities, including—
‘‘(i) enrollee wages and fringe benefits (includ-
ing physical examinations);
‘‘(ii) enrollee training, which may be provided
prior to or subsequent to placement, including the
payment of reasonable costs of instructors, class-
room rental, training supplies, materials, equipment,
and tuition, and which may be provided on the job,
in a classroom setting, or pursuant to other appro-
priate arrangements;
‘‘(iii) job placement assistance, including job de-
velopment and job search assistance;
‘‘(iv) enrollee supportive services to assist an
enrollee to successfully participate in a project under
this title, including the payment of reasonable costs
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of transportation, health care and medical services,
special job-related or personal counseling, incidentals
(such as work shoes, badges, uniforms, eyeglasses,
and tools), child and adult care, temporary shelter,
and followup services; and
‘‘(v) outreach, recruitment and selection, intake,
orientation, and assessments.
‘‘(B) Not less than 75 percent of the funds made
available through a grant made under this title shall be
used to pay wages and benefits for older individuals who
are employed under projects carried out under this title.
‘‘(d) Whenever a grantee conducts a project within
a planning and service area in a State, such grantee shall
conduct such project in consultation with the area agency
on aging of the planning and service area and shall submit
to the State agency and the area agency on aging a de-
scription of such project to be conducted in the State, in-
cluding the location of the project, 90 days prior to under-
taking the project, for review and public comment accord-
ing to guidelines the Secretary shall issue to assure effi-
cient and effective coordination of programs under this
title.
‘‘(e)(1) The Secretary, in addition to any other au-
thority contained in this title, shall conduct projects de-
signed to assure second career training and the placement
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of eligible individuals in employment opportunities with
private business concerns. The Secretary shall enter into
such agreements with States, public agencies, nonprofit
private organizations, and private business concerns as
may be necessary, to conduct the projects authorized by
this subsection to assure that placement and training. The
Secretary, from amounts reserved under section 506(a)(1)
in any fiscal year, may pay all of the costs of any agree-
ments entered into under the provisions of this subsection.
The Secretary shall, to the extent feasible, assure equi-
table geographic distribution of projects authorized by this
subsection.
‘‘(2) The Secretary shall issue, and amend from time
to time, criteria designed to assure that agreements en-
tered into under paragraph (1) of this subsection—
‘‘(A) will involve different kinds of work modes,
such as flex-time, job sharing, and other arrange-
ments relating to reduced physical exertion;
‘‘(B) will emphasize projects involving second
careers and job placement and give consideration to
placement in growth industries in jobs reflecting new
technological skills; and
‘‘(C) require the coordination of projects carried
out under such agreements, with the programs car-
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ried out under title I of the Workforce Investment
Act of 1998.
‘‘(f) The Secretary shall, on a regular basis, carry out
evaluations of the activities authorized under this title,
which may include but are not limited to projects de-
scribed in subsection (e).
‘‘SEC. 503. ADMINISTRATION.
‘‘(a) STATE SENIOR EMPLOYMENT SERVICES CO-
ORDINATION PLAN.—
‘‘(1) GOVERNOR
SUBMITS
PLAN.—The Gov-
ernor of each State shall submit annually to the Sec-
retary a State Senior Employment Services Coordi-
nation Plan, containing such provisions as the Sec-
retary may require, consistent with the provisions of
this title, including a description of the process used
to ensure the participation of individuals described
in paragraph (2).
‘‘(2) RECOMMENDATIONS.—In developing the
State plan prior to its submission to the Secretary,
the Governor shall obtain the advice and rec-
ommendations of—
‘‘(A) individuals representing the State
and area agencies on aging in the State, and
the State and local workforce investment boards
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established under title I of the Workforce In-
vestment Act of 1998 (29 U.S.C. 2801 et seq.);
‘‘(B) individuals representing public and
private nonprofit agencies and organizations
providing employment services, including each
grantee operating a project under this title in
the State; and
‘‘(C) individuals representing social service
organizations providing services to older individ-
uals, grantees under title III of this Act, af-
fected communities, underserved older individ-
uals, community-based organizations serving
the needs of older individuals, business organi-
zations, and labor organizations.
‘‘(3) COMMENTS.—Any State plan submitted by
a Governor in accordance with paragraph (1) shall
be accompanied by copies of public comments relat-
ing to the plan received pursuant to paragraph (4)
and a summary thereof.
‘‘(4) PLAN PROVISIONS.—The State Senior Em-
ployment Services Coordination Plan shall identify
and address—
‘‘(A) the relationship that the number of
eligible individuals in each area bears to the
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total number of eligible individuals, respectively,
in that State;
‘‘(B) the relative distribution of individuals
residing in rural and urban areas within the
State;
‘‘(C) the relative distribution of—
‘‘(i) eligible individuals who are indi-
viduals with greatest economic need;
‘‘(ii) eligible individuals who are mi-
nority individuals; and
‘‘(iii) eligible individuals who are indi-
viduals with greatest social need;
‘‘(D) consideration of the employment situ-
ations and the type of skills possessed by local
eligible individuals;
‘‘(E) the localities and populations for
which community service projects of the type
authorized by this title are most needed; and
‘‘(F) plans for facilitating the coordination
of activities of grantees in the State under this
title with activities carried out in the State
under title I of the Workforce Investment Act
of 1998.
‘‘(5) 
GOVERNOR’S
RECOMMENDATIONS
ON
GRANT PROPOSALS.—Prior to the submission to the
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Secretary of any proposal for a grant under this title
for any fiscal year, the Governor of each State in
which projects are proposed to be conducted under
such grant shall be afforded a reasonable oppor-
tunity 
to 
submit 
recommendations 
to 
the
Secretary—
‘‘(A) regarding the anticipated effect of
each such proposal upon the overall distribution
of enrollment positions under this title within
the State (including such distribution among
urban and rural areas), taking into account the
total number of positions to be provided by all
grantees within the State;
‘‘(B) any recommendations for redistribu-
tion of positions to underserved areas as vacan-
cies occur in previously encumbered positions in
other areas; and
‘‘(C) in the case of any increase in funding
that may be available for use within the State
under this title for any fiscal year, any rec-
ommendations for distribution of newly avail-
able positions in excess of those available dur-
ing the preceding year to underserved areas.
‘‘(6) DISRUPTIONS.—In developing plans and
considering recommendations under this subsection,
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disruptions in the provision of community service
employment opportunities for current enrollees shall
be avoided, to the greatest possible extent.
‘‘(7) DETERMINATION; REVIEW.—
‘‘(A) DETERMINATION.—In order to effec-
tively carry out the provisions of this title, each
State shall make available for public comment
its senior employment services coordination
plan. The Secretary, in consultation with the
Assistant Secretary, shall review the plan and
public comments received on the plan, and
make a written determination with findings and
a decision regarding the plan.
‘‘(B) REVIEW.—The Secretary may review
on the Secretary’s own initiative or at the re-
quest of any public or private agency or organi-
zation, or an agency of the State government,
the distribution of projects and services under
this title within the State including the distribu-
tion between urban and rural areas within the
State. For each proposed reallocation of
projects or services within a State, the Sec-
retary shall give notice and opportunity for pub-
lic comment.
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‘‘(8) EXEMPTION.—The grantees serving older
American Indians under section 506(a)(3) will not
be required to participate in the State planning
processes described in this section but will collabo-
rate with the Secretary to develop a plan for projects
and services to older American Indians.
‘‘(b)(1) The Secretary of Labor and the Assistant
Secretary shall coordinate the programs under this title
and the programs under other titles of this Act to increase
job opportunities available to older individuals.
‘‘(2) The Secretary shall coordinate the program as-
sisted under this title with programs authorized under the
Workforce Investment Act of 1998, the Community Serv-
ices Block Grant Act, the Rehabilitation Act of 1973 (as
amended by the Rehabilitation Act Amendments of 1998
(29 U.S.C. 701 et seq.)), the Carl D. Perkins Vocational
and Technical Education Act of 1998 (20 U.S.C. 2301
et seq.), the National and Community Service Act of 1990
(42 U.S.C. 12501 et seq.), and the Domestic Volunteer
Service Act of 1973 (42 U.S.C. 4950 et seq.). The Sec-
retary shall coordinate the administration of this title with
the administration of other titles of this Act by the Assist-
ant Secretary to increase the likelihood that eligible indi-
viduals for whom employment opportunities under this
title are available and who need services under such titles
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receive such services. Appropriations under this title shall
not be used to carry out any program under the Workforce
Investment Act of 1998, the Community Services Block
Grant Act, the Rehabilitation Act of 1973 (as amended
by the Rehabilitation Act Amendments of 1998), the Carl
D. Perkins Vocational and Technical Education Act of
1998, the National and Community Service Act of 1990,
or the Domestic Volunteer Service Act of 1973. The pre-
ceding sentence shall not be construed to prohibit carrying
out projects under this title jointly with programs,
projects, or activities under any Act specified in such sen-
tence, or from carrying out section 512.
‘‘(3) The Secretary shall distribute to grantees under
this title, for distribution to program enrollees, and at no
cost to grantees or enrollees, informational materials de-
veloped and supplied by the Equal Employment Oppor-
tunity Commission and other appropriate Federal agencies
which the Secretary determines are designed to help en-
rollees identify age discrimination and understand their
rights under the Age Discrimination in Employment Act
of 1967.
‘‘(c) In carrying out the provisions of this title, the
Secretary is authorized to use, with their consent, the
services, equipment, personnel, and facilities of Federal
and other agencies with or without reimbursement, and
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on a similar basis to cooperate with other public and pri-
vate agencies and instrumentalities in the use of services,
equipment, and facilities.
‘‘(d) Payments under this title may be made in ad-
vance or by way of reimbursement and in such install-
ments as the Secretary may determine.
‘‘(e) The Secretary shall not delegate any function of
the Secretary under this title to any other department or
agency of the Federal Government.
‘‘(f)(1) The Secretary shall monitor projects receiving
financial assistance under this title to determine whether
the grantees are complying with the provisions of and reg-
ulations issued under this title, including compliance with
the statewide planning, consultation, and coordination
provisions under this title.
‘‘(2) Each grantee receiving funds under this title
shall comply with the applicable uniform cost principles
and appropriate administrative requirements for grants
and contracts that are applicable to the type of entity re-
ceiving funds, as issued as circulars or rules of the Office
of Management and Budget.
‘‘(3) Each grantee described in paragraph (2) shall
prepare and submit a report in such manner and con-
taining such information as the Secretary may require re-
garding activities carried out under this title.
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‘‘(4) Each grantee described in paragraph (2) shall
keep records that—
‘‘(A) are sufficient to permit the preparation of
reports required pursuant to this title;
‘‘(B) are sufficient to permit the tracing of
funds to a level of expenditure adequate to ensure
that the funds have not been spent unlawfully; and
‘‘(C) contain any other information that the
Secretary determines to be appropriate.
‘‘(g) The Secretary shall establish by regulation and
implement a process to evaluate the performance of
projects and services, pursuant to section 513, carried out
under this title. The Secretary shall report to Congress
and make available to the public the results of each such
evaluation and use such evaluation to improve services de-
livered, or the operation of projects carried out under this
title.
‘‘SEC. 504. PARTICIPANTS NOT FEDERAL EMPLOYEES.
‘‘(a) Eligible individuals who are employed in any
project funded under this title shall not be considered to
be Federal employees as a result of such employment and
shall not be subject to the provisions of part III of title
5, United States Code.
‘‘(b) No contract shall be entered into under this title
with a contractor who is, or whose employees are, under
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State law, exempted from operation of the State work-
men’s compensation law, generally applicable to employ-
ees, unless the contractor shall undertake to provide either
through insurance by a recognized carrier or by self-insur-
ance, as authorized by State law, that the persons em-
ployed under the contract shall enjoy workmen’s com-
pensation coverage equal to that provided by law for cov-
ered employment.
‘‘SEC. 505. INTERAGENCY COOPERATION.
‘‘(a) The Secretary shall consult with, and obtain the
written views of, the Assistant Secretary for Aging in the
Department of Health and Human Services prior to the
establishment of rules or the establishment of general pol-
icy in the administration of this title.
‘‘(b) The Secretary shall consult and cooperate with
the Director of the Office of Community Services, the Sec-
retary of Health and Human Services, and the heads of
other Federal agencies carrying out related programs, in
order to achieve optimal coordination with such other pro-
grams. In carrying out the provisions of this section, the
Secretary shall promote programs or projects of a similar
nature. Each Federal agency shall cooperate with the Sec-
retary in disseminating information relating to the avail-
ability of assistance under this title and in promoting the
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identification and interests of individuals eligible for em-
ployment in projects assisted under this title.
‘‘(c)(1) The Secretary shall promote and coordinate
carrying out projects under this title jointly with pro-
grams, projects, or activities under other Acts, especially
activities provided under the Workforce Investment Act of
1998 (29 U.S.C. 2801 et seq.), including activities pro-
vided through one-stop delivery systems established under
section 134(c) of such Act (29 U.S.C. 2864(c)), that pro-
vide training and employment opportunities to eligible in-
dividuals.
‘‘(2) The Secretary shall consult with the Secretary
of Education to promote and coordinate carrying out
projects under this title jointly with workforce investment
activities in which eligible individuals may participate that
are carried out under the Carl D. Perkins Vocational and
Technical Education Act of 1998.
‘‘SEC. 506. DISTRIBUTION OF ASSISTANCE.
‘‘(a) RESERVATIONS.—
‘‘(1) RESERVATION FOR PRIVATE EMPLOYMENT
PROJECTS.—From sums appropriated under this
title for each fiscal year, the Secretary shall first re-
serve not more than 1.5 percent of the total amount
of such sums for the purpose of entering into agree-
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ments under section 502(e), relating to improved
transition to private employment.
‘‘(2) RESERVATION FOR TERRITORIES.—From
sums appropriated under this title for each fiscal
year, the Secretary shall reserve 0.75 percent of the
total amount of such sums, of which—
‘‘(A) Guam, American Samoa, and the
United States Virgin Islands shall each receive
30 percent; and
‘‘(B) the Commonwealth of the Northern
Mariana Islands shall receive 10 percent.
‘‘(3) RESERVATION FOR ORGANIZATIONS.—The
Secretary shall reserve such sums as may be nec-
essary for national grants with public or nonprofit
national Indian aging organizations with the ability
to provide employment services to older Indians and
with national public or nonprofit Pacific Island and
Asian American aging organizations with the ability
to provide employment to older Pacific Island and
Asian Americans.
‘‘(b) STATE ALLOTMENTS.—The allotment for each
State shall be the sum of the amounts allotted for national
grants in such State under subsection (d) and for the
grant to such State under subsection (e).
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‘‘(c) DIVISION BETWEEN NATIONAL GRANTS AND
GRANTS TO STATES.—From the sums appropriated to
carry out this title for any fiscal year that remain after
amounts are reserved under paragraphs (1), (2), and (3)
of subsection (a), the Secretary shall divide the remainder
between national grants and grants to States, as follows:
‘‘(1) RESERVATION
OF
FUNDS
FOR
FISCAL
YEAR 2000 LEVEL OF ACTIVITIES.—The Secretary
shall reserve the amounts necessary to maintain the
fiscal year 2000 level of activities supported by pub-
lic and private nonprofit agency and organization
grantees that operate under this title under national
grants from the Secretary, and the fiscal year 2000
level of activities supported by State grantees under
this title, in proportion to their respective fiscal year
2000 levels of activities. In any fiscal year for which
the appropriations are insufficient to provide the full
amounts so required, then such amounts shall be re-
duced proportionally.
‘‘(2) FUNDING IN EXCESS OF FISCAL YEAR 2000
LEVEL OF ACTIVITIES.—
‘‘(A) 
UP
TO
$35,000,000.—From 
the
amounts remaining after the application of
paragraph (1), the portion of such remaining
amounts up to the sum of $35,000,000 shall be
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divided so that 75 percent shall be provided to
State grantees and 25 percent shall be provided
to public and private nonprofit agency and or-
ganization grantees that operate under this title
under national grants from the Secretary.
‘‘(B) OVER $35,000,000.—Any amounts re-
maining after the application of subparagraph
(A) shall be divided so that 50 percent shall be
provided to State grantees and 50 percent shall
be provided to public and private nonprofit
agency and organization grantees that operate
under this title under national grants from the
Secretary.
‘‘(d) ALLOTMENTS FOR NATIONAL GRANTS.—From
the sums provided for national grants under subsection
(c), the Secretary shall allot for public and private non-
profit agency and organization grantees that operate
under this title under national grants from 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
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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 pro-
vided under subsection (c) is—
‘‘(A) equal to or less than the amount nec-
essary to maintain the fiscal year 2000 level of
activities, allotments for public and private non-
profit agency and organization grantees that
operate under this title under national grants
from the Secretary in each State shall be pro-
portional to their fiscal year 2000 level of ac-
tivities; 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 organi-
zation grantees that operate under this title
under national grants from the Secretary in the
State that is less than 30 percent of such per-
centage increase above the fiscal year 2000 level
of activities for public and private nonprofit
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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 sub-
section shall be reduced proportionally to satisfy the
conditions in such paragraphs.
‘‘(e) ALLOTMENTS FOR GRANTS TO STATES.—From
the sums provided 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 pro-
vided under subsection (c) is—
‘‘(A) equal to or less than the amount nec-
essary to maintain the fiscal year 2000 level of
activities, allotments for State grantees in each
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‘‘(2) the number of persons aged 55 or over in
any State and in all States, and the per capita in-
come in any State and in all States, shall be deter-
mined by the Secretary on the basis of the most sat-
isfactory data available to the Secretary; and
‘‘(3) for the purpose of determining the allot-
ment percentage, the term ‘United States’ means
the 50 States and the District of Columbia.
‘‘(g) DEFINITIONS.—In this section:
‘‘(1) COST PER AUTHORIZED POSITION.—The
term ‘cost per authorized position’ means the sum
of—
‘‘(A) the hourly minimum wage rate speci-
fied in section 6(a)(1) of the Fair Labor Stand-
ards Act of 1938 (29 U.S.C. 206(a)(1)) (as
amended), multiplied by the number of hours
equal to the product of 21 hours and 52 weeks;
‘‘(B) an amount equal to 11 percent of the
amount specified under subparagraph (A), for
the purpose of covering Federal payments for
fringe benefits; and
‘‘(C) an amount determined by the Sec-
retary, for the purpose of covering Federal pay-
ments for the remainder of all other program
and administrative costs.
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‘‘(2) FISCAL
YEAR
2000
LEVEL
OF
ACTIVI-
TIES.—The term ‘fiscal year 2000 level of activities’
means—
‘‘(A) with respect to public and private
nonprofit agency and organization grantees that
operate under this title under national grants
from the Secretary, their level of activities for
fiscal year 2000, or the amount remaining after
the application of section 514(e); and
‘‘(B) with respect to State grantees, their
level of activities for fiscal year 2000, or the
amount remaining after the application of sec-
tion 514(f).
‘‘(3) GRANTS TO STATES.—The term ‘grants to
States’ means grants under this title to the States
from the Secretary.
‘‘(4) LEVEL OF ACTIVITIES.—The term ‘level of
activities’ means the number of authorized positions
multiplied by the cost per authorized position.
‘‘(5) NATIONAL GRANTS.—The term ‘national
grants’ means grants to public and private nonprofit
agency and organization grantees that operate under
this title under national grants from the Secretary.
‘‘(6) STATE.—The term ‘State’ does not include
Guam, American Samoa, the Commonwealth of the
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Northern Mariana Islands, and the United States
Virgin Islands.
‘‘SEC. 507. EQUITABLE DISTRIBUTION.
‘‘(a) INTERSTATE ALLOCATION.—The Secretary, in
awarding grants and contracts under section 506, shall,
to the extent feasible, assure an equitable distribution of
activities under such grants and contracts, in the aggre-
gate, among the States, taking into account the needs of
underserved States.
‘‘(b) INTRASTATE ALLOCATION.—The amount allo-
cated for projects within each State under section 506
shall be allocated among areas within the State in an equi-
table manner, taking into consideration the State prior-
ities set out in the State plan pursuant to section 503(a).
‘‘SEC. 508. REPORT.
‘‘In order to carry out the Secretary’s responsibilities
for reporting in section 503(g), the Secretary shall require
the State agency for each State receiving funds under this
title to prepare and submit a report at the beginning of
each fiscal year on such State’s compliance with section
507(b). Such report shall include the names and geo-
graphic location of all projects assisted under this title and
carried out in the State and the amount allocated to each
such project under section 506.
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‘‘SEC. 509. EMPLOYMENT ASSISTANCE AND FEDERAL HOUS-
ING AND FOOD STAMP PROGRAMS.
‘‘Funds received by eligible individuals from projects
carried out under the program established in this title
shall not be considered to be income of such individuals
for purposes of determining the eligibility of such individ-
uals, or of any other persons, to participate in any housing
program for which Federal funds may be available or for
any income determination under the Food Stamp Act of
1977.
‘‘SEC. 510. ELIGIBILITY FOR WORKFORCE INVESTMENT AC-
TIVITIES.
‘‘Eligible individuals under this title may be deemed
by local workforce investment boards established under
title I of the Workforce Investment Act of 1998 to satisfy
the requirements for receiving services under such title
that are applicable to adults.
‘‘SEC. 511. TREATMENT OF ASSISTANCE.
‘‘Assistance furnished under this title shall not be
construed to be financial assistance described in section
245A(h)(1)(A) of the Immigration and Nationality Act (8
U.S.C. 1255A(h)(1)(A)).
‘‘SEC. 512. COORDINATION WITH THE WORKFORCE INVEST-
MENT ACT OF 1998.
‘‘(a) PARTNERS.—Grantees under this title shall be
one-stop partners as described in subparagraphs (A) and
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(B)(vi) of section 121(b)(1) of the Workforce Investment
Act of 1998 (29 U.S.C. 2841(b)(1)) in the one-stop deliv-
ery system established under section 134(c) of such Act
(29 U.S.C. 2864(c)) for the appropriate local workforce
investment areas, and shall carry out the responsibilities
relating to such partners.
‘‘(b) COORDINATION.—In local workforce investment
areas where more than 1 grantee under this title provides
services, the grantees shall coordinate their activities re-
lated to the one-stop delivery system, and grantees shall
be signatories of the memorandum of understanding es-
tablished under section 121(c) of the Workforce Invest-
ment Act of 1998 (29 U.S.C. 2841(c)).
‘‘SEC. 513. PERFORMANCE.
‘‘(a) MEASURES.—
‘‘(1) ESTABLISHMENT
OF
MEASURES.—The
Secretary shall establish, in consultation with grant-
ees, subgrantees±, and host agencies under this title,
States, older individuals, area agencies on aging, and
other organizations serving older individuals, per-
formance measures for each grantee for projects and
services carried out under this title.
‘‘(2) CONTENT.—
‘‘(A) COMPOSITION
OF
MEASURES.—The
performance measures as established by the
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Secretary and described in paragraph (1) shall
consist of indicators of performance and levels
of performance applicable to each indicator.
The measures shall be designed to promote con-
tinuous improvement in performance.
‘‘(B) ADJUSTMENT.—The levels of per-
formance described in subparagraph (A) appli-
cable to a grantee shall be adjusted only with
respect to the following factors:
‘‘(i) High rates of unemployment, pov-
erty, or welfare recipiency in the areas
served by a grantee, relative to other areas
of the State or Nation.
‘‘(ii) Significant downturns in the
areas served by the grantee or in the na-
tional economy.
‘‘(iii) Significant numbers or propor-
tions of enrollees with 1 or more barriers
to employment served by a grantee relative
to grantees serving other areas of the
State or Nation.
‘‘(C) PLACEMENT.—For all grantees, the
Secretary shall establish a measure of perform-
ance of not less than 20 percent (adjusted in
accordance with subparagraph (B)) for place-
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ment of enrollees into unsubsidized public or
private employment as defined in subsection
(c)(2).
‘‘(3) PERFORMANCE
EVALUATION
OF
PUBLIC
OR PRIVATE NONPROFIT AGENCIES AND ORGANIZA-
TIONS.—The Secretary shall annually establish na-
tional performance measures for each public or pri-
vate nonprofit agency or organization that is a
grantee under this title, which shall be applicable to
the grantee without regard to whether such grantee
operates the program directly or through contracts,
grants, or agreements with other entities. The per-
formance of the grantees with respect to such meas-
ures shall be evaluated in accordance with section
514(e)(1) regarding performance of the grantees on
a national basis, and in accordance with section
514(e)(3) regarding the performance of the grantees
in each State.
‘‘(4) PERFORMANCE EVALUATION OF STATES.—
The Secretary shall annually establish performance
measures for each State that is a grantee under this
title, which shall be applicable to the State grantee
without regard to whether such grantee operates the
program directly or through contracts, grants, or
agreements with other entities. The performance of
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the State grantees with respect to such measures
shall be evaluated in accordance with section 514(f).
‘‘(5) LIMITATION.—An agreement to be evalu-
ated on the performance measures shall be a re-
quirement for application for, and a condition of, all
grants authorized by this title.
‘‘(b) REQUIRED INDICATORS.—The indicators de-
scribed in subsection (a) shall include—
‘‘(1) the number of persons served, with par-
ticular consideration given to individuals with great-
est economic need, greatest social need, or poor em-
ployment history or prospects, and individuals who
are over the age of 60;
‘‘(2) community services provided;
‘‘(3) placement into and retention in unsub-
sidized public or private employment;
‘‘(4) satisfaction of the enrollees, employers,
and their host agencies with their experiences and
the services provided; and
‘‘(5) any additional indicators of performance
that the Secretary determines to be appropriate to
evaluate services and performance.
‘‘(c) DEFINITIONS OF INDICATORS.—
‘‘(1) IN GENERAL.—The Secretary, after con-
sultation with national and State grantees, rep-
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resentatives of business and labor organizations, and
providers of services, shall, by regulation, issue defi-
nitions of the indicators of performance described in
subsection (b).
‘‘(2) DEFINITIONS
OF
CERTAIN
TERMS.—In
this section:
‘‘(A) PLACEMENT
INTO
PUBLIC
OR
PRI-
VATE UNSUBSIDIZED EMPLOYMENT.—The term
‘placement into public or private unsubsidized
employment’ means full- or part-time paid em-
ployment in the public or private sector by an
enrollee under this title for 30 days within a
90-day period without the use of funds under
this title or any other Federal or State employ-
ment subsidy program, or the equivalent of
such employment as measured by the earnings
of an enrollee through the use of wage records
or other appropriate methods.
‘‘(B) RETENTION IN PUBLIC OR PRIVATE
UNSUBSIDIZED
EMPLOYMENT.—The term ‘re-
tention in public or private unsubsidized em-
ployment’ means full- or part-time paid employ-
ment in the public or private sector by an en-
rollee under this title for 6 months after the
starting date of placement into unsubsidized
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employment without the use of funds under this
title or any other Federal or State employment
subsidy program.
‘‘(d) CORRECTIVE
EFFORTS.—A State or other
grantee that does not achieve the established levels of per-
formance on the performance measures shall submit to the
Secretary, for approval, a plan of correction as described
in subsection (e) or (f) of section 514 to achieve the estab-
lished levels of performance.
‘‘SEC. 514. COMPETITIVE REQUIREMENTS RELATING TO
GRANT AWARDS.
‘‘(a) PROGRAM AUTHORIZED.—In accordance with
section 502(b), the Secretary shall award grants to eligible
applicants to carry out projects under this title for a pe-
riod of 1 year, except that, after the promulgation of regu-
lations for this title and the establishment of the perform-
ance measures required by section 513(a), the Secretary
shall award grants for a period of not to exceed 3 years.
‘‘(b) ELIGIBLE APPLICANTS.—An applicant shall be
eligible to receive a grant under subsection (a) in accord-
ance with section 502(b)(1), and subsections (c) and (d).
‘‘(c) CRITERIA.—The Secretary shall select the eligi-
ble applicants to receive grants under subsection (a) based
on the following:
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‘‘(1) The applicant’s ability to administer a pro-
gram that serves the greatest number of eligible in-
dividuals, giving particular consideration to individ-
uals with greatest economic need, greatest social
need, poor employment history or prospects, and
over the age of 60.
‘‘(2) The applicant’s ability to administer a pro-
gram that provides employment for eligible individ-
uals in the communities in which such individuals
reside, or in nearby communities, that will con-
tribute to the general welfare of the community.
‘‘(3) The applicant’s ability to administer a pro-
gram that moves eligible individuals into unsub-
sidized employment.
‘‘(4) The applicant’s ability to move individuals
with multiple barriers to employment into unsub-
sidized employment.
‘‘(5) The applicant’s ability to coordinate with
other organizations at the State and local level.
‘‘(6) The applicant’s plan for fiscal manage-
ment of the program to be administered with funds
received under this section.
‘‘(7) Any additional criteria that the Secretary
deems appropriate in order to minimize disruption
for current enrollees.
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‘‘(d) RESPONSIBILITY TESTS.—
‘‘(1) IN GENERAL.—Before final selection of a
grantee, the Secretary shall conduct a review of
available records to assess the applicant’s overall re-
sponsibility to administer Federal funds.
‘‘(2) REVIEW.—As part of the review described
in paragraph (1), the Secretary may consider any in-
formation, including the organization’s history with
regard to the management of other grants.
‘‘(3) FAILURE TO SATISFY TEST.—The failure
to satisfy any 1 responsibility test that is listed in
paragraph (4), except for those listed in subpara-
graphs (A) and (B) of such paragraph, does not es-
tablish that the organization is not responsible un-
less such failure is substantial or persistent (for 2 or
more consecutive years).
‘‘(4) TEST.—The responsibility tests include re-
view of the following factors:
‘‘(A) Efforts by the organization to recover
debts, after 3 demand letters have been sent,
that are established by final agency action and
have been unsuccessful, or that there has been
failure to comply with an approved repayment
plan.
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‘‘(B) Established fraud or criminal activity
of a significant nature within the organization.
‘‘(C) Serious administrative deficiencies
identified by the Secretary, such as failure to
maintain a financial management system as re-
quired by Federal regulations.
‘‘(D) Willful obstruction of the audit proc-
ess.
‘‘(E) Failure to provide services to appli-
cants as agreed to in a current or recent grant
or to meet applicable performance measures.
‘‘(F) 
Failure 
to 
correct 
deficiencies
brought to the grantee’s attention in writing as
a result of monitoring activities, reviews, assess-
ments, or other activities.
‘‘(G) Failure to return a grant closeout
package or outstanding advances within 90
days of the grant expiration date or receipt of
closeout package, whichever is later, unless an
extension has been requested and granted.
‘‘(H) Failure to submit required reports.
‘‘(I) Failure to properly report and dispose
of government property as instructed by the
Secretary.
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‘‘(J) Failure to have maintained effective
cash management or cost controls resulting in
excess cash on hand.
‘‘(K) Failure to ensure that a subrecipient
complies with its Office of Management and
Budget Circular A–133 audit requirements
specified at section 667.200(b) of title 20, Code
of Federal Regulations.
‘‘(L) Failure to audit a subrecipient within
the required period.
‘‘(M) Final disallowed costs in excess of 5
percent of the grant or contract award if, in the
judgment of the grant officer, the disallowances
are egregious findings.
‘‘(N) Failure to establish a mechanism to
resolve a subrecipient’s audit in a timely fash-
ion.
‘‘(5) DETERMINATION.—Applicants that are de-
termined to be not responsible shall not be selected
as grantees.
‘‘(6) DISALLOWED
COSTS.—Interest on dis-
allowed costs shall accrue in accordance with the
Debt Collection Improvement Act of 1996.
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‘‘(e) NATIONAL
PERFORMANCE
MEASURES
AND
COMPETITION
FOR PUBLIC
AND PRIVATE NONPROFIT
AGENCIES AND ORGANIZATIONS.—
‘‘(1) IN GENERAL.—Not later than 120 days
after the end of each program year, the Secretary
shall determine if each public or private nonprofit
agency or organization that is a grantee has met the
national performance measures established pursuant
to section 513(a)(3).
‘‘(2) TECHNICAL ASSISTANCE AND CORRECTIVE
ACTION PLAN.—
‘‘(A) IN GENERAL.—If the Secretary deter-
mines that a grantee fails to meet the national
performance measures for a program year, the
Secretary shall provide technical assistance and
require such organization to submit a corrective
action plan not later than 160 days after the
end of the program year.
‘‘(B) 
CONTENT.—The 
plan 
submitted
under subparagraph (A) shall detail the steps
the grantee will take to meet the national per-
formance measures in the next program year.
‘‘(C) AFTER SECOND YEAR OF FAILURE.—
If a grantee fails to meet the national perform-
ance measures for a second consecutive pro-
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gram year, the Secretary shall conduct a na-
tional competition to award, for the first full
program year following the determination
(minimizing, to the extent possible, the disrup-
tion of services provided to enrollees), an
amount equal to 25 percent of the funds award-
ed to the grantee for such year.
‘‘(D) COMPETITION
AFTER
THIRD
CON-
SECUTIVE
YEAR
OF
FAILURE.—If a grantee
fails to meet the national performance measures
for a third consecutive program year, the Sec-
retary shall conduct a national competition to
award the amount of the grant remaining after
deduction of the portion specified in subpara-
graph (C) for the first full program year fol-
lowing the determination. The eligible applicant
that receives the grant through the national
competition shall continue service to the geo-
graphic areas formerly served by the grantee
that previously received the grant.
‘‘(3) COMPETITION REQUIREMENTS FOR PUBLIC
AND PRIVATE NONPROFIT AGENCIES AND ORGANIZA-
TIONS IN A STATE.—
‘‘(A) IN GENERAL.—In addition to the ac-
tions required under paragraph (2), the Sec-
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retary shall take corrective action if the Sec-
retary determines at the end of any program
year that, despite meeting the established na-
tional performance measures, a public or pri-
vate nonprofit agency or organization that is a
grantee has attained levels of performance 20
percent or more below the national performance
measures with respect to the project carried out
in a State and has failed to meet the perform-
ance measures as established by the Secretary
for the State grantee in such State, and there
are not factors, such as the factors described in
section 513(a)(2)(B), or size of the project, that
justify the performance.
‘‘(B) FIRST YEAR OF FAILURE.—After the
first program year of failure to meet the per-
formance criteria described in subparagraph
(A), the Secretary shall require a corrective ac-
tion plan, and may require the transfer of the
responsibility for the project to other grantees,
provide technical assistance, and take other ap-
propriate actions.
‘‘(C) SECOND YEAR OF FAILURE.—After
the second consecutive program year of failure
to meet the performance criteria described in
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subparagraph (A), the corrective actions to be
taken by the Secretary may include the transfer
of the responsibility for a portion or all of the
project to a State or public or private nonprofit
agency or organization, or a competition for a
portion or all of the funds to carry out such
project among all eligible entities that meet the
responsibility tests under section 514(d) except
for the grantee that is the subject of the correc-
tive action.
‘‘(D) THIRD YEAR OF FAILURE.—After the
third consecutive program year of failure to
meet the performance criteria described in sub-
paragraph (A), the Secretary shall conduct a
competition for the funds to carry out such
project among all eligible entities that meet the
responsibility tests under section 514(d) except
for the grantee that is the subject of the correc-
tive action.
‘‘(4) REQUEST BY GOVERNOR.—Upon the re-
quest of the Governor of a State for a review of the
performance of a public or private nonprofit agency
or organization within the State, the Secretary shall
undertake such a review in accordance with the cri-
teria described in paragraph (3)(A). If the perform-
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ance of such grantee is not justified under such cri-
teria, the Secretary shall take corrective action in
accordance with paragraph (3).
‘‘(f) PERFORMANCE MEASURES AND COMPETITION
FOR STATES.—
‘‘(1) IN GENERAL.—Not later than 120 days
after the end of the program year, the Secretary
shall determine if a State grantee has met the per-
formance measures established pursuant to section
513(a)(4).
‘‘(2) TECHNICAL ASSISTANCE AND CORRECTIVE
ACTION PLAN.—If a State that receives a grant fails
to meet the performance measures for a program
year, the Secretary shall provide technical assistance
and require the State to submit a corrective action
plan not later than 160 days after the end of the
program year.
‘‘(3) CONTENT.—The plan described in para-
graph (2) shall detail the steps the State will take
to meet the standards.
‘‘(4) FAILURE TO MEET PERFORMANCE MEAS-
URES FOR SECOND AND THIRD YEARS.—
‘‘(A) AFTER SECOND YEAR OF FAILURE.—
If a State fails to meet the performance meas-
ures for a second consecutive program year, the
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Secretary shall provide for the conduct by the
State of a competition to award, for the first
full program year following the determination
(minimizing, to the extent possible, the disrup-
tion of services provided to enrollees), an
amount equal to 25 percent of the funds avail-
able to the State for such year.
‘‘(B) AFTER THIRD YEAR OF FAILURE.—If
the State fails to meet the performance meas-
ures for a third consecutive program year, the
Secretary shall provide for the conduct by the
State of a competition to award the funds allo-
cated to the State for the first full program
year following the Secretary’s determination
that the State has not met the performance
measures.
‘‘SEC. 515. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) There is authorized to be appropriated to carry
out this title—
‘‘(1) $475,000,000 for fiscal year 2001 and
such sums as may be necessary for fiscal year 2002
through 2005; and
‘‘(2) such additional sums as may be necessary
for each such fiscal year to enable the Secretary,
through programs under this title, to provide for at
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least 70,000 part-time employment positions for eli-
gible individuals.
For purposes of paragraph (2), ‘part-time employment po-
sition’ means an employment position within a workweek
of at least 20 hours.
‘‘(b) Amounts appropriated under this section for any
fiscal year shall be available for obligation during the an-
nual period which begins on July 1 of the calendar year
immediately following the beginning of such fiscal year
and which ends on June 30 of the following calendar year.
The Secretary may extend the period during which such
amounts may be obligated or expended in the case of a
particular organization or agency receiving funds under
this title if the Secretary determines that such extension
is necessary to ensure the effective use of such funds by
such organization or agency.
‘‘(c) At the end of the program year, the Secretary
may recapture any unexpended funds for the program
year, and reobligate such funds within the 2 succeeding
program years for—
‘‘(1) incentive grants;
‘‘(2) technical assistance; or
‘‘(3) grants or contracts for any other program
under this title.
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‘‘SEC. 516. DEFINITIONS.
‘‘In this title:
‘‘(1) COMMUNITY SERVICE.—The term ‘commu-
nity service’ means social, health, welfare, and edu-
cational services (including literacy tutoring), legal
and other counseling services and assistance, includ-
ing tax counseling and assistance and financial
counseling, and library, recreational, and other simi-
lar services; conservation, maintenance, or restora-
tion of natural resources; community betterment or
beautification; antipollution and environmental qual-
ity efforts; weatherization activities; economic devel-
opment; and such other services essential and nec-
essary to the community as the Secretary, by regula-
tion, may prescribe.
‘‘(2) ELIGIBLE INDIVIDUALS.—The term ‘eligi-
ble individuals’ means an individual who is 55 years
old or older, who has a low income (including any
such individual whose income is not more than 125
percent of the poverty guidelines established by the
Office of Management and Budget), except that,
pursuant to regulations prescribed by the Secretary,
any such individual who is 60 years old or older
shall have priority for the work opportunities pro-
vided for under this title.
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‘‘(3) PACIFIC ISLAND AND ASIAN AMERICANS.—
The term ‘Pacific Island and Asian Americans’
means Americans having origins in any of the origi-
nal peoples of the Far East, Southeast Asia, the In-
dian Subcontinent, or the Pacific Islands.
‘‘(4) PROGRAM.—The term ‘program’ means
the older American community service employment
program established under this title.’’.
TITLE 
VI—AMENDMENTS 
TO
TITLE 
VI 
OF 
THE 
OLDER
AMERICANS ACT OF 1965
SEC. 601. ELIGIBILITY.
Section 612 of the Older Americans Act of 1965 (42
U.S.C. 3057c) is amended—
(1) by redesignating subsection (b) as sub-
section (c); and
(2) by inserting after subsection (a) the fol-
lowing:
‘‘(b) An Indian tribe represented by an organization
specified in subsection (a) shall be eligible for only 1 grant
under this part for any fiscal year. Nothing in this sub-
section shall preclude an Indian tribe represented by an
organization specified in subsection (a) from receiving a
grant under section 631.’’.
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SEC. 602. APPLICATIONS.
Section 614 of the Older Americans Act of 1965 (42
U.S.C. 3057e) is amended—
(1) in subsection (b), by striking ‘‘certification’’
and inserting ‘‘approval’’; and
(2) in subsection (c)—
(A) by inserting ‘‘(1)’’ after ‘‘(c)’’; and
(B) by adding at the end the following:
‘‘(2) The Assistant Secretary shall provide waivers
and exemptions of the reporting requirements of sub-
section (a)(3) for applicants that serve Indian populations
in geographically isolated areas, or applicants that serve
small Indian populations, where the small scale of the
project, the nature of the applicant, or other factors make
the reporting requirements unreasonable under the cir-
cumstances. The Assistant Secretary shall consult with
such applicants in establishing appropriate waivers and
exemptions.
‘‘(3) The Assistant Secretary shall approve any appli-
cation that complies with the provisions of subsection (a),
except that in determining whether an application com-
plies with the requirements of subsection (a)(8), the As-
sistant Secretary shall provide maximum flexibility to an
applicant that seeks to take into account subsistence
needs, local customs, and other characteristics that are ap-
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propriate to the unique cultural, regional, and geographic
needs of the Indian populations to be served.
‘‘(4) In determining whether an application complies
with the requirements of subsection (a)(12), the Assistant
Secretary shall require only that an applicant provide an
appropriate narrative description of the geographic area
to be served and an assurance that procedures will be
adopted to ensure against duplicate services being pro-
vided to the same recipients.’’.
SEC. 603. AUTHORIZATION OF APPROPRIATIONS.
Section 633 of the Older Americans Act of 1965 (42
U.S.C. 3057n) is amended to read as follows:
‘‘SEC. 633. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out
this title—
‘‘(1) for parts A and B, such sums as may be
necessary for fiscal year 2001, and such sums as
may be necessary for subsequent fiscal years; and
‘‘(2) for part C, $5,000,000 for fiscal year
2001, and such sums as may be necessary for subse-
quent fiscal years.’’.
SEC. 604. GENERAL PROVISIONS.
Title VI of the Older Americans Act of 1965 (42
U.S.C. 3057 et seq.) is amended—
(1) by redesignating part C as part D;
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(2) by redesignating sections 631 through 633
as sections 641 through 643, respectively;
(3) by inserting after part B the following:
‘‘PART C—NATIVE AMERICAN CAREGIVER
SUPPORT PROGRAM
‘‘SEC. 631. PROGRAM.
‘‘(a) IN GENERAL.—The Assistant Secretary shall
carry out a program for making grants to tribal organiza-
tions with applications approved under parts A and B, to
pay for the Federal share of carrying out tribal programs,
to enable the tribal organizations to provide multifaceted
systems of the support services described in section 373
for caregivers described in section 373.
‘‘(b) REQUIREMENTS.—In providing services under
subsection (a), a tribal organization shall meet the re-
quirements specified for an area agency on aging and for
a State in the provisions of subsections (c), (d), and (e)
of section 373 and of section 374. For purposes of this
subsection, references in such provisions to a State pro-
gram shall be considered to be references to a tribal pro-
gram under this part.’’.
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TITLE 
VII—AMENDMENTS 
TO
TITLE VII OF THE OLDER
AMERICANS ACT OF 1965
SEC. 701. AUTHORIZATION OF APPROPRIATIONS.
Section 702 of the Older Americans Act of 1965 (42
U.S.C. 3058a) is amended to read as follows:
‘‘SEC. 702. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) OMBUDSMAN PROGRAM.—There are authorized
to be appropriated to carry out chapter 2, such sums as
may be necessary for fiscal year 2001, and such sums as
may be necessary for subsequent fiscal years.
‘‘(b) PREVENTION OF ELDER ABUSE, NEGLECT, AND
EXPLOITATION.—There are authorized to be appropriated
to carry out chapter 3, such sums as may be necessary
for fiscal year 2001, and such sums as may be necessary
for subsequent fiscal years.
‘‘(c) LEGAL
ASSISTANCE
DEVELOPMENT
PRO-
GRAM.—There are authorized to be appropriated to carry
out chapter 4, such sums as may be necessary for fiscal
year 2001, and such sums as may be necessary for subse-
quent fiscal years.’’.
SEC. 702. ALLOTMENT.
Section 703(a)(2)(C) of the Older Americans Act of
1965 (42 U.S.C. 3058b(a)(2)(C)) is amended by striking
‘‘1991’’ each place it appears and inserting ‘‘2000’’.
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SEC. 703. ADDITIONAL STATE PLAN REQUIREMENTS.
Section 705(a) of the Older Americans Act of 1965
(42 U.S.C. 3058d(a)) is amended—
(1) in paragraph (4), by inserting ‘‘each of’’
after ‘‘carry out’’;
(2) in paragraph (6)(C)(iii), by striking the
semicolon and inserting ‘‘; and’’;
(3) by striking paragraph (7);
(4) by redesignating paragraph (8) as para-
graph (7); and
(5) in paragraph (7) (as redesignated by para-
graph (3)), by striking ‘‘paragraphs (1) through
(7)’’ and inserting ‘‘paragraphs (1) through (6)’’.
SEC. 704. STATE LONG-TERM CARE OMBUDSMAN PROGRAM.
Section 712 of the Older Americans Act of 1965 (42
U.S.C. 3058g) is amended—
(1) in subsection (a), in paragraph (5)(C)(ii),
by inserting ‘‘and not stand to gain financially
through an action or potential action brought on be-
half of individuals the Ombudsman serves’’ after
‘‘interest’’; and
(2) in subsection (h)—
(A) in paragraph (4)—
(i) in subparagraph (A)—
(I) by striking ‘‘(A) not later
than 1 year after the date of enact-
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ment of this title, establish’’ and in-
serting ‘‘strengthen and update’’; and
(II) in clause (iii), by striking
‘‘and’’;
(ii) by striking subparagraph (B);
(iii) by redesignating clauses (i)
through (iii) as subparagraphs (A) through
(C), respectively; and
(iv) by redesignating subclauses (I)
through (III) as clauses (i) through (iii),
respectively;
(B) in paragraph (7), by striking ‘‘; and’’
and inserting a semicolon;
(C) by redesignating paragraph (8) as
paragraph (9); and
(D) by inserting after paragraph (7) the
following:
‘‘(8) coordinate services with State and local
law enforcement agencies and courts of competent
jurisdiction; and’’.
SEC. 705. PREVENTION OF ELDER ABUSE, NEGLECT, AND
EXPLOITATION.
Section 721 of the Older Americans Act of 1965 (42
U.S.C. 3058i) is amended—
(1) in subsection (b)—
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(A) in the matter preceding paragraph (1),
by inserting ‘‘(including financial exploitation)’’
after ‘‘exploitation’’;
(B) in paragraph (2), by inserting ‘‘, State
and local law enforcement systems, and courts
of competent jurisdiction’’ after ‘‘service pro-
gram’’; and
(C) in paragraph (5), by inserting ‘‘includ-
ing caregivers described in part E of title III,’’
after ‘‘individuals,’’;
(2) in subsection (d)(8)—
(A) by inserting ‘‘State and local’’ after
‘‘consumer protection and’’; and
(B) by inserting ‘‘, and services provided
by agencies and courts of competent jurisdic-
tion’’ before the period; and
(3) by adding at the end the following:
‘‘(g) STUDY AND REPORT.—
‘‘(1) STUDY.—The Secretary, in consultation
with the Department of the Treasury and the Attor-
ney General of the United States, State attorneys
general, and tribal and local prosecutors, shall con-
duct a study of the nature and extent of financial
exploitation of older individuals. The purpose of this
study would be to define and describe the scope of