(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
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
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
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;
(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:
‘‘(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,
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-
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
(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’’.
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
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,
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,
each State shall be allotted an amount which bears the
same ratio to such sums as the population of older individ-
uals in such State bears to the population of older individ-
uals in all States.
‘‘(2) In determining the amounts allotted to States
from the sums appropriated under section 303 for a fiscal
year, the Assistant Secretary shall first determine the
amount allotted to each State under paragraph (1) and
then proportionately adjust such amounts, if necessary, to
meet the requirements of paragraph (3).
‘‘(3)(A) No State shall be allotted less than 1⁄2 of 1
percent of the sum appropriated for the fiscal year for
which the determination is made.
‘‘(B) Guam and the United States Virgin Islands
shall each be allotted not less than 1⁄4 of 1 percent of the
sum appropriated for the fiscal year for which the deter-
mination is made.
‘‘(C) American Samoa and the Commonwealth of the
Northern Mariana Islands shall each be allotted not less
than 1⁄16 of 1 percent of the sum appropriated for the fis-
cal year for which the determination is made. For the pur-
poses of the exception contained in subparagraph (A) only,
the term ‘‘State’’ does not include Guam, American
Samoa, the United States Virgin Islands, and the Com-
monwealth of the Northern Mariana Islands.
‘‘(D) No State shall be allotted less than the total
amount allotted to the State for fiscal year 2000 and no
State shall receive a percentage increase above the fiscal
year 2000 allotment that is less than 20 percent of the
percentage increase above the fiscal year 2000 allotments
for all of the States.
‘‘(4) The number of individuals aged 60 or older in
any State and in all States shall be determined by the
Assistant Secretary on the basis of the most recent data
available from the Bureau of the Census, and other 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—
(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)—
(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;
(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;
(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
‘‘(C) increasing community awareness of
and involvement in addressing the needs of resi-
dents of long-term care facilities;
‘‘(8) provide that case management services
provided under this title through the area agency on
aging will—
‘‘(A) not duplicate case management serv-
ices provided through other Federal and State
programs;
‘‘(B) be coordinated with services described
in subparagraph (A); and
‘‘(C) be provided by a public agency or a
nonprofit private agency that—
‘‘(i) gives each older individual seek-
ing services under this title a list of agen-
cies that provide similar services within the
jurisdiction of the area agency on aging;
‘‘(ii) gives each individual described in
clause (i) a statement specifying that the
individual has a right to make an inde-
pendent choice of service providers and
documents receipt by such individual of
such statement;
‘‘(iii) has case managers acting as
agents for the individuals receiving the
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-
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:
‘‘(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—
‘‘(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-
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.
‘‘(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.’’;
(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.
‘‘(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);
(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);
(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:
‘‘(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-
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
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’’;
(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
‘‘(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-