163
English-speaking ability, and Indian eligible in-
dividuals, and eligible individuals with greatest
economic need.
‘‘(N) The entity that carries out the project
will post in the project workplace a notice, and
will make available to each individual associated
with the project a written explanation, clarifying
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 the project.
‘‘(O) In providing employment opportuni-
ties under the project, such entity will give pri-
ority to low-income individuals who are 60 years
of age or older.
‘‘(P) Before the end of the fiscal year during
which the entity carries out the project, such en-
tity will demonstrate, to the State or national
organization with which the entity made such
agreement, that such entity has met the applica-
ble performance standards in effect under sub-
section (h).
‘‘(d) PREREQUISITE
REQUIREMENTS.—(1) Before
making agreements under subsection (b) and after consulta-
164
tion with the appropriate area agencies on aging, with
other organizations that received funds under this title in
the preceding fiscal year, and with State and local agencies
responsible for carrying out public employment and train-
ing programs, a recipient of a grant made under subsection
(a)(1) for a fiscal year shall—
‘‘(A) make a determination—
‘‘(i) identifying the localities in the State in
which projects described in subsection (b) are
most needed,
‘‘(ii) in making such determination, con-
sider the local employment situations and the
types of skills possessed by available local older
individuals described in subsection (a), and
‘‘(iii) identify potential projects and the
number and percentage of such individuals in
the local population.
‘‘(B) in consultation and coordination—
‘‘(i) with State and local agencies respon-
sible for carrying out employment and training
programs, and
‘‘(ii) for the purpose of providing increased
employment opportunities in underserved areas,
with all other recipients of grants under sub-
section (a)(1) who propose to carry out projects
165
under this title in the same State as such recipi-
ent,
select the projects such recipient will carry out
through agreements made under subsection (b), and
‘‘(C) establish effective linkages with private en-
tities that promote employment and training oppor-
tunities for older individuals.
‘‘(2) To the maximum extent practicable, such recipi-
ent shall ensure that entities that carry out projects under
agreements made under subsection (b) provide employment
under this title to older individuals who immediately before
the effective date of this title were employees under an agree-
ment made under section 502(b) of the Older Americans Act
of 1965.
‘‘(3) To the maximum extent practicable, a State that
receives a grant under this title for fiscal year 2000, 2001,
2002, 2003, and 2004 shall use not less than the following
percentage of such grant, to preserve particular older indi-
viduals in the particular employment positions that were
held by such individuals as a result of grants made under
title V of the Older Americans Act of 1965 or under this
title by the Secretary for the preceding fiscal year to non-
State recipients for expenditure in such State:
Grant for Fiscal Year
Percent of Grant
2000
4.6
2001
4.6
166
Grant for Fiscal Year
Percent of Grant
2002
4.6
2003
4.6
2004
4.6.
‘‘(e) EQUITABLE USE OF FUNDS.—To the maximum
extent practicable, each recipient of a grant under sub-
section (a)(1) shall use funds available to carry out this
title to make agreements under subsection (b) in an equi-
table manner, taking into consideration—
‘‘(1) the number of eligible older individuals in
the various geographical areas,
‘‘(2) the relative distribution of such individuals
among urban and rural areas, and
‘‘(3) the consultation and coordination required
by subsection (d).
‘‘(f) PRIOR SUBMISSION OF PROJECT DESCRIPTION.—
Whenever an entity (other than an area agency on aging
for the planning and service area in which the project will
be conducted) conducts a project under an agreement made
under subsection (b) within a planning and service area
in a State, such entity shall conduct the project in consulta-
tion with the area agency on aging of the planning and
service area and shall submit to the area agency on aging,
not less than 30 days before undertaking the project, a de-
scription (including the location) of the project.
‘‘(g) ALTERNATIVE WORK MODES; TECHNICAL ASSIST-
ANCE.—Recipients of grants under subsection (a)(1) may
167
develop alternatives for innovative work modes and provide
technical assistance in creating employment opportunities
through work sharing and other experimental methods to
groups representing business and industry and workers, as
well as to individual employers, where appropriate.
‘‘(h) PERFORMANCE STANDARDS.—(1) The Secretary
shall establish by rule, and amend from time to time, objec-
tive performance standards that provide measurements to
quantify the extent to which projects carried out under
agreements made under subsection (b) meet such standards
and shall require at a minimum the recipients of grants
under subsection (a)(1) to assess, and to report timely before
the end of each fiscal year to the Secretary, the extent to
which such standards (expressed in objective, quantifiable,
measurable form) are met by each entity that carries out
any of such projects and by such recipients, to show progress
of recipients in continuously improving performance. Such
standards shall include the following:
‘‘(A) A standard requiring that not less than 18
percent of project participants should be placed annu-
ally, and after placement should remain employed for
not less than 30 days, in employment for which no
financial assistance is provided under this title.
‘‘(B) A standard requiring a specific percentage
increase in the number of employment opportunities
168
provided in hard-to-serve areas, including rural
areas, areas with high unemployment, and areas with
a significant population groups of underserved older
individuals.
‘‘(C) A standard providing for the measurement
of—
‘‘(i) the number of older individuals who re-
ceive services provided by such projects, and
‘‘(ii) the extent to which project partici-
pants are satisfied with such services.
‘‘(D) A standard requiring a specific percentage
increase in employment opportunities to be provided
in underserved areas.
‘‘(E) A standard applicable for determining
compliance with the consultation and coordination
requirements specified in subsection (d)(1).
‘‘(2) The Secretary shall establish uniform criteria for
determining the extent to which each such entity and each
such recipient meets such standards.
‘‘(3) For purposes of determining whether such recipi-
ents fail, directly or through the operation of projects car-
ried out in a State under agreements made under section
503(b), to meet such standards, the Secretary may adjust
the application of such standards with respect to such
projects if—
169
‘‘(A) the chief executive officer of such State sub-
mits to the Secretary a request to so adjust such
standards, and
‘‘(B) the requested adjustment is based on—
‘‘(i) specific economic conditions throughout
such State or in geographical areas of such
State,
‘‘(ii) disadvantaging characteristics of the
older individuals who participate in such
projects, or
‘‘(iii) demonstrated extraordinary difficul-
ties in serving unemployed low-income older in-
dividuals who have poor employment prospects.
‘‘(i) TECHNICAL ASSISTANCE.—If a recipient of a
grant under section 501(a)(1) notifies the Secretary that
such recipient failed, or expects to fail, to meet any of the
applicable performance standards and requests the Sec-
retary to provide technical assistance to improve the capac-
ity of such recipient to meet such standards, then the Sec-
retary shall provide such assistance, including technical as-
sistance in developing a performance improvement plan.
‘‘(j) REPORT ON PERFORMANCE.—Each recipient of a
grant under section 501(a)(1) shall submit to the Secretary
an annual report describing for each State separately in
which such recipient carried out projects under this title,
170
directly or through agreements made under section 503(b)
by such recipient, in the fiscal year that is the subject of
such report—
‘‘(1)(A) how such recipient complied with the re-
quirements of this title, and
‘‘(B) the extent to which such recipient met the
performance standards applicable to such recipient,
and
‘‘(2) if for such fiscal year such recipient elects
under subsection (b) to make agreements described in
subsection (b), the projects carried out under such
agreements.
‘‘(k) INDEPENDENT EVALUATION OF GRANT RECIPI-
ENT PERFORMANCE.—
‘‘(1) PERFORMANCE
EVALUATION.—Not later
than 90 days after the date of the enactment of this
Act and subject to paragraph (2), the Secretary shall
make a contract to evaluate each recipient of a grant
under section 501(a)(1), for each State separately in
which such recipient carried out projects under this
title (directly or through agreements made under sec-
tion 503(b) by such recipient), for the purpose of
determining—
‘‘(A) how such recipient complied with the re-
quirements of this title, and
171
‘‘(B) the extent to which such recipient met the
performance standards applicable to such recipient.
‘‘(2) CONTRACTS.—For purposes of paragraph
(1), the Secretary may make contracts only with non-
governmental entities that—
‘‘(A) have not received funds, directly or in-
directly, made available for grants under this
title or title V of the Older Americans Act of
1965, and
‘‘(B) are not, and have not been, affiliated
with any entity that receives, or has received
such funds.
‘‘(3) REPORTS.—The Secretary shall submit to
the Speaker of the House of Representatives and the
President pro tempore—
‘‘(A) not later than January 1, 2004, an in-
terim report summarizing the results of the eval-
uations carried out under paragraph (1), and
‘‘(B) not later than January 1, 2005, a
final report summarizing the results of such
evaluations.
‘‘SEC. 504. PARTICIPANTS NOT FEDERAL EMPLOYEES.
‘‘(a) PROJECT PARTICIPANTS.—Older individuals de-
scribed in section 503(a) who participate in a project as-
sisted under this title shall not be considered to be Federal
172
employees as a result of such participation and shall not
be subject to the provisions of part III of title 5 of the
United States Code.
‘‘(b) CONTRACTS.—No contract shall be entered into
under this title unless—
‘‘(1) the contractor and the contractor’s employ-
ees (including older individuals participating under
the contract) are covered by a Federal or State work-
ers’ compensation law to the extent required by the
applicable Federal or State law, or
‘‘(2) the contractor undertakes to provide either
through insurance by a recognized insurer or by self-
insurance as authorized by State law, that older indi-
viduals participating under the contract will enjoy
workers’ compensation coverage equal to that provided
by the applicable Federal or State law for employ-
ment covered by such law.
‘‘SEC. 505. TREATMENT OF EMPLOYMENT ASSISTANCE FOR
PURPOSES OF FEDERAL HOUSING AND FOOD
STAMP PROGRAMS.
‘‘Funds received by eligible older individuals from par-
ticipation in projects carried out under this title shall not
be considered to be income of such individuals for purposes
of determining the eligibility of such individuals, or of any
other individuals, to participate in any housing program
173
for which Federal funds may be available or for any income
determination under the Food Stamp Act of 1977.
‘‘SEC. 506. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to carry out this title
$448,600,000 for fiscal year 2000 and such sums as may
be necessary for fiscal years 2001, 2002, 2003, and 2004.’’.
SEC. 4. CONFORMING AMENDMENTS TO OTHER LAWS.
(a) AGRICULTURAL ACT OF 1949.—Section 416(a) of
the Agricultural Act of 1949 (7 U.S.C. 1431) is amended
by striking ‘‘Older Americans Act of 1965’’ and inserting
‘‘Older Americans Act of 1999’’.
(b) AGRICULTURE AND FOOD ACT OF 1981.—Section
1114(a) of the Agriculture and Food Act of 1981 (7 U.S.C.
1431e(a)) is amended—
(1) in paragraph (1) by striking ‘‘Older Ameri-
cans Act of 1965’’ each place it appears and inserting
‘‘Older Americans Act of 1999’’, and
(2) in subparagraphs (C) and (D) of paragraph
(2) by striking ‘‘section 311(a)(4) of the Older Ameri-
cans Act of 1965 (42 U.S.C. 3030a(a)(4)’’ each place
it appears and inserting ‘‘chapter 3 of subtitle A of
title III of the Older Americans Act of 1999’’.
(c) 
REHABILITATION
ACT
OF
1973.—Section
509(f)(5)(B) of the Rehabilitation Act of 1973 (29 U.S.C.
174
794e(f)(5)(B)) is amended by striking ‘‘Older Americans
Act of 1965’’ and inserting ‘‘Older Americans Act of 1999’’.
(d) JOB TRAINING PARTNERSHIP ACT.—The Job
Training Partnership Act (29 U.S.C. 1501 et seq.) is
amended—
(1) in section 204(d)—
(A) in paragraph (4) by striking ‘‘Older
Americans Act of 1965’’ and inserting ‘‘Older
Americans Act of 1999’’, and
(B) in paragraph (5)(B)(i) by striking
‘‘Older Americans Act of 1965’’ and inserting
‘‘Older Americans Act of 1999’’,
(2) by amending section 205(a)(8) to read as fol-
lows:
‘‘(8) title V of the Older Americans Act of
1999;’’,
(3) in section 452(d)(1)(B)(iii) by striking
‘‘Older Americans Act of 1965’’ and inserting ‘‘Older
Americans Act of 1999’’, and
(4) in section 455(b) by striking ‘‘Older Ameri-
cans Act of 1965’’ and inserting ‘‘Older Americans
Act of 1999’’.
(e) SOCIAL SECURITY ACT.—The Social Security Act
(42 U.S.C. 301 et seq.) is amended—
(1) in section 1819—
175
(A) in subsection (b)(4)(C)(ii)(IV) by strik-
ing ‘‘section 307(a)(12) of the Older Americans
Act of 1965’’ and inserting ‘‘section 304(a)(8) of
the Older Americans Act of 1999’’,
(B) in subsection (c)(2)(B)(iii)(II) by strik-
ing ‘‘title III or VII of the Older Americans Act
of 1965 in accordance with section 712 of the
Act’’ and inserting ‘‘section 304(a)(8) of the
Older Americans Act of 1999’’, and
(C) in subsection (g)(5)(B) by striking ‘‘title
III or VII of the Older Americans Act of 1965
in accordance with section 712 of the Act’’ and
inserting ‘‘section 304(a)(8) of the Older Ameri-
cans Act of 1999’’, and
(2) in section 1919—
(A) in subsection (b)(4)(C)(ii)(IV) by strik-
ing ‘‘section 307(a)(12) of the Older Americans
Act of 1965’’ and inserting ‘‘section 304(a)(8) of
the Older Americans Act of 1999’’,
(B) in subsection (c)(2)(B)(iii)(II) by strik-
ing ‘‘title III or VII of the Older Americans Act
of 1965 in accordance with section 712 of the
Act’’ and inserting ‘‘section 304(a)(8) of the
Older Americans Act of 1999’’, and
176
(C) in subsection (g)(5)(B) by striking ‘‘title
III or VII of the Older Americans Act of 1965
in accordance with section 712 of the Act’’ and
inserting ‘‘section 304(a)(8) of the Older Ameri-
cans Act of 1999’’.
(f) TITLE 31 OF THE UNITED STATES CODE.—Section
3803(c)(2)(C)(xi) of title 31 of the United States Code is
amended by striking ‘‘section 336 of the Older Americans
Act’’ and inserting ‘‘chapter 3 of subtitle A of title III of
the Older Americans Act of 1999’’.
(g) OMNIBUS
BUDGET
RECONCILIATION
ACT
OF
1990.—Section 4360(d)(1)(C)(ii) of the Omnibus Budget
Reconciliation 
Act 
of 
1990 
(42 
U.S.C. 
1395b–
4(d)(1)(C)(ii)) is amended by inserting ‘‘of 1999’’ after
‘‘Older Americans Act’’.
(h) NATIONAL SCHOOL LUNCH ACT.—The National
School Lunch Act (42 U.S.C. 1751 et seq.) is amended—
(1) in section 12(i) by striking ‘‘Older Ameri-
cans Act of 1965’’ and inserting ‘‘Older Americans
Act of 1999’’,
(2) in section 14—
(A) in subsection (a)(1) by striking ‘‘Older
Americans Act of 1965’’ and inserting ‘‘Older
Americans Act of 1999’’, and
177
(B) in subsection (c) by striking ‘‘section
311(a)(4) of the Older Americans Act of 1965
(42 U.S.C. 3030(a)(4)) or for cash payments in
lieu of such donations under section 311(b)(1) of
such Act (42 U.S.C. 3030(b)(1))’’ and inserting
‘‘chapter 3 of subtitle A of title III of the Older
Americans Act of 1999’’, and
(3) in subsection (o)(3)(B) by striking ‘‘part C
of title III of the Older Americans Act of 1965’’ and
inserting ‘‘chapter 3 of subtitle A of title III of the
Older Americans Act of 1999’’.
(i) ENVIRONMENTAL PROGRAMS ASSISTANCE ACT OF
1984.—Section 2(a) of the Environmental Programs Assist-
ance Act of 1984 (42 U.S.C. 4368a(a)) is amended by strik-
ing ‘‘Older Americans Act of 1965’’ each place it appears
and inserting ‘‘Older Americans Act of 1999’’.
(j) NOISE CONTROL ACT OF 1972.—Section 14(g) of
the Noise Control Act of 1972 (42 U.S.C. 4913(g)) is amend-
ed by inserting ‘‘of 1999’’ after ‘‘Older Americans Act’’.
(k) DEVELOPMENTAL DISABILITIES ASSISTANCE AND
BILL OF RIGHTS ACT.—The Developmental Disabilities As-
sistance and Bill of Rights Act (42 U.S.C. 6000 et seq.)
is amended—
(1) in section 124(b)(3) by inserting ‘‘of 1999’’
after ‘‘Older Americans Act’’, and
178
(2) in section 142(a)(2)(D)(ii) by striking
‘‘Older Americans Act of 1965’’ and inserting ‘‘Older
Americans Act of 1999’’.
(l) ENERGY CONSERVATION IN EXISTING BUILDINGS
ACT OF 1976.—Section 412(6) of the Energy Conservation
in Existing Buildings Act of 1976 (42 U.S.C. 6862(6)) is
amended by striking ‘‘paragraphs (4), (5), and (6), respec-
tively, of section 102 of the Older Americans Act of 1965’’
and inserting ‘‘paragraphs (28), (29), and (50), respec-
tively, of the Older Americans Act of 1999’’.
(m) CONGREGATE
HOUSING
SERVICES
ACT
OF
1978.—Subsections (c) and (d) of section 405 of the Con-
gregate Housing Services Act of 1978 (42 U.S.C. 8004) are
amended by striking ‘‘Older Americans Act of 1965’’ each
place it appears and inserting ‘‘Older Americans Act of
1999’’.
(n) CRANSTON-GONZALEZ
NATIONAL
AFFORDABLE
HOUSING ACT.—The Cranston-Gonzalez National Afford-
able Housing Act (42 U.S.C. 12701 et seq.) is amended—
(1) in section 802(d)(2)(B)(i) by striking ‘‘Older
Americans Act of 1965’’ and inserting ‘‘Older Ameri-
cans Act of 1999’’, and
(2) in section 803(d)(12) by striking ‘‘Older
Americans Act of 1965’’ and inserting ‘‘Older Ameri-
cans Act of 1999’’.
179
(o) COMMUNITY SERVICES BLOCK GRANT ACT.—Sec-
tion 675(c)(5) of the Community Services Block Grant Act
(42 U.S.C. 9904(c)(5)) is amended by striking ‘‘Older
Americans Act of 1965’’ and inserting ‘‘Older Americans
Act of 1999’’.
(p) ALZHEIMER’S DISEASE AND RELATED DEMENTIAS
RESEARCH ACT OF 1992.—The Alzheimer’s Disease and
Related Dementias Research Act of 1992 (42 U.S.C. 11201
et seq.) is amended—
(1) in subsection 934(b)(4) by striking ‘‘section
305(a) (1) and (2)(A) of the Older Americans Act of
1965 (42 U.S.C. 3025(a)(1) and (2)(A))’’ and insert-
ing ‘‘section 303(a)(2)(A) of the Older Americans Act
of 1999’’, and
(2) in section 962—
(A) in subsection (a)(1)(A)(iii) by striking
‘‘Older Americans Act of 1965’’ and inserting
‘‘Older Americans Act of 1999’’, and
(B) in subsection (d) by striking ‘‘section
305(a)(1) of the Older Americans Act of 1965’’
and inserting ‘‘section 303(a)(1) of the Older
Americans Act of 1999’’.
SEC. 5. FISCAL YEAR REFERENCES FOR FISCAL YEAR 2000.
Any reference in the Older Americans Act of 1999 to
‘‘the preceding fiscal year’’ that applies with respect to
180
funds appropriated to carry out, or to the operation of a
program, project, or activity to be carried out under, such
Act for fiscal year 2000 shall be deemed to be a reference
to funds appropriated to carry out, or to the operation of
the corresponding program, project, or activity carried out
under, the Older Americans Act of 1965 for fiscal year 1999.
SEC. 6. ISSUANCE OF RULES.
Not later than 180 days after the date of the enactment
of this Act, the Secretary of Health and Human Services
shall issue, and publish in the Federal Register, proposed
rules for the administration of the Older Americans Act of
1999. After allowing a reasonable period for public com-
ment on such proposed rules, and not later than 90 days
after such publication, the Secretary shall issue rules for
the administration of such Act.
SEC. 7. EFFECTIVE DATES.
(a) GENERAL EFFECTIVE DATE.—Except as provided
in subsection (b), this Act and the amendments made by
this Act shall take effect on the date of the enactment of
this Act.
(b) SPECIAL EFFECTIVE DATE.—The amendments
made by sections 3, 4, and 5 shall take effect on October
1, 1999.
Amend the title so as to read: ‘‘A bill to amend the
Older Americans Act of 1965 to authorize appropriations