H. R. 782—48
‘‘(1) GOVERNOR SUBMITS PLAN.—The Governor of each State
shall submit annually to the Secretary a State Senior Employ-
ment Services Coordination Plan, containing such provisions
as the Secretary 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 recommendations of—
‘‘(A) individuals representing the State and area agen-
cies on aging in the State, and the State and local workforce
investment boards established under title I of the
Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.);
‘‘(B) individuals representing public and private non-
profit agencies and organizations providing employment
services, including each grantee operating a project under
this title in the State; and
‘‘(C) individuals representing social service organiza-
tions providing services to older individuals, grantees under
title III of this Act, affected communities, underserved older
individuals, community-based organizations serving the
needs of older individuals, business organizations, 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 relating to the plan received pursuant
to paragraph (4) and a summary thereof.
‘‘(4) PLAN
PROVISIONS.—The State Senior Employment
Services Coordination Plan shall identify and address—
‘‘(A) the relationship that the number of eligible
individuals in each area bears to the 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 individuals with
greatest economic need;
‘‘(ii) eligible individuals who are minority individ-
uals; and
‘‘(iii) eligible individuals who are individuals with
greatest social need;
‘‘(D) consideration of the employment situations 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
PRO-
POSALS.—Prior to the submission to the Secretary of any pro-
posal for a grant under this title for any fiscal year, the Gov-
ernor of each State in which projects are proposed to be con-
ducted under such grant shall be afforded a reasonable oppor-
tunity to submit recommendations to the Secretary—
H. R. 782—49
‘‘(A) regarding the anticipated effect of each such pro-
posal upon the overall distribution of enrollment positions
under this title within the State (including such distribu-
tion 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 redistribution of posi-
tions to underserved areas as vacancies 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 recommendations for distribution of
newly available positions in excess of those available during
the preceding year to underserved areas.
‘‘(6) DISRUPTIONS.—In developing plans and considering
recommendations under this subsection, 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 effectively 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 com-
ments received on the plan, and make a written determina-
tion with findings and a decision regarding the plan.
‘‘(B) REVIEW.—The Secretary may review on the Sec-
retary’s own initiative or at the request of any public
or private agency or organization, or an agency of the
State government, the distribution of projects and services
under this title within the State including the distribution
between urban and rural areas within the State. For each
proposed reallocation of projects or services within a State,
the Secretary shall give notice and opportunity for public
comment.
‘‘(8) EXEMPTION.—The grantees serving older American
Indians under section 506(a)(3) will not be required to partici-
pate in the State planning processes described in this section
but will collaborate 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 assisted under
this title with programs authorized 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 (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 Secretary shall coordinate
the administration of this title with the administration of other
titles of this Act by the Assistant Secretary to increase the likelihood
that eligible individuals for whom employment opportunities under
H. R. 782—50
this title are available and who need services under such titles
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 sentence, 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 developed and supplied by
the Equal Employment Opportunity Commission and other appro-
priate Federal agencies which the Secretary determines are
designed to help enrollees identify age discrimination and under-
stand 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 on a similar basis to cooperate with
other public and private agencies and instrumentalities in the use
of services, equipment, and facilities.
‘‘(d) Payments under this title may be made in advance or
by way of reimbursement and in such installments as the Secretary
may determine.
‘‘(e) The Secretary shall not delegate any function of the Sec-
retary 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 regulations issued under this
title, including compliance with the statewide planning, consulta-
tion, and coordination provisions under this title.
‘‘(2) Each grantee receiving funds under this title shall comply
with the applicable uniform cost principles and appropriate adminis-
trative requirements for grants and contracts that are applicable
to the type of entity receiving 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 containing such informa-
tion as the Secretary may require regarding activities carried out
under this title.
‘‘(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 deter-
mines to be appropriate.
‘‘(g) The Secretary shall establish by regulation and implement
a process to evaluate the performance of projects and services,
H. R. 782—51
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 delivered, 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 State law,
exempted from operation of the State workmen’s compensation law,
generally applicable to employees, unless the contractor shall under-
take to provide either through insurance by a recognized carrier
or by self-insurance, as authorized by State law, that the persons
employed under the contract shall enjoy workmen’s compensation
coverage equal to that provided by law for covered 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 policy in the administration of
this title.
‘‘(b) The Secretary shall consult and cooperate with the Director
of the Office of Community Services, the Secretary 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 programs. 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 Secretary in dissemi-
nating information relating to the availability of assistance under
this title and in promoting the identification and interests of individ-
uals eligible for employment in projects assisted under this title.
‘‘(c)(1) The Secretary shall promote and coordinate carrying
out projects under this title jointly with programs, 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 provided through one-stop delivery systems
established under section 134(c) of such Act (29 U.S.C. 2864(c)),
that provide training and employment opportunities to eligible
individuals.
‘‘(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 reserve not more than 1.5 percent
of the total amount of such sums for the purpose of entering
into agreements under section 502(e), relating to improved
transition to private employment.
H. R. 782—52
‘‘(2) RESERVATION
FOR
TERRITORIES.—From sums appro-
priated 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 necessary for national
grants with public or nonprofit national Indian aging organiza-
tions 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 Ameri-
cans.
‘‘(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).
‘‘(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 nec-
essary to maintain the fiscal year 2000 level of activities sup-
ported by public 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 pro-
vide the full amounts so required, then such amounts shall
be reduced 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 divided so that 75 percent shall be provided to State
grantees and 25 percent shall be provided to public and
private nonprofit agency and organization grantees that
operate under this title under national grants from the
Secretary.
‘‘(B) OVER $35,000,000.—Any amounts remaining 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 pro-
vided for national grants under subsection (c), the Secretary shall
allot for public and private nonprofit agency and organization
grantees that operate under this title under national grants from
H. R. 782—54
‘‘(3) REDUCTION.—Allotments for States not affected by
paragraphs (1) and (2)(B) of this subsection shall be reduced
proportionally to satisfy the conditions in such paragraphs.
‘‘(f ) ALLOTMENT PERCENTAGE.—For the purposes of subsections
(d) and (e)—
‘‘(1) the allotment percentage of each State shall be 100
percent less that percentage which bears the same ratio to
50 percent as the per capita income of such State bears to
the per capita income of the United States, except that: (A)
the allotment percentage shall in no case be more than 75
percent or less than 33 percent; and (B) the allotment percent-
age for the District of Columbia and the Commonwealth of
Puerto Rico shall be 75 percent;
‘‘(2) the number of persons aged 55 or over in any State
and in all States, and the per capita income in any State
and in all States, shall be determined by the Secretary on
the basis of the most satisfactory data available to the Sec-
retary; and
‘‘(3) for the purpose of determining the allotment percent-
age, 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 specified in section
6(a)(1) of the Fair Labor Standards 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 cov-
ering Federal payments for fringe benefits; and
‘‘(C) an amount determined by the Secretary, for the
purpose of covering Federal payments for the remainder
of all other program and administrative costs.
‘‘(2) FISCAL
YEAR
2000
LEVEL
OF
ACTIVITIES.—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 activi-
ties for fiscal year 2000, or the amount remaining after
the application of section 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, Amer-
ican Samoa, the Commonwealth of the Northern Mariana
Islands, and the United States Virgin Islands.
H. R. 782—55
‘‘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 aggregate, among the States, taking into
account the needs of underserved States.
‘‘(b) INTRASTATE
ALLOCATION.—The amount allocated for
projects within each State under section 506 shall be allocated
among areas within the State in an equitable manner, taking
into consideration the State priorities 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 geographic 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.
‘‘SEC. 509. EMPLOYMENT ASSISTANCE AND FEDERAL HOUSING AND
FOOD STAMP PROGRAMS.
‘‘Funds received by eligible individuals from projects carried
out under the program established in this title shall not be consid-
ered to be income of such individuals for purposes of determining
the eligibility of such individuals, or of any other persons, to partici-
pate 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 ACTIVITIES.
‘‘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 INVESTMENT ACT
OF 1998.
‘‘(a) PARTNERS.—Grantees under this title shall be one-stop
partners as described in subparagraphs (A) and (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 delivery 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 one grantee under this title provides services, the
grantees shall coordinate their activities related to the one-stop
delivery system, and grantees shall be signatories of the memo-
randum of understanding established under section 121(c) of the
Workforce Investment Act of 1998 (29 U.S.C. 2841(c)).
H. R. 782—56
‘‘SEC. 513. PERFORMANCE.
‘‘(a) MEASURES.—
‘‘(1) ESTABLISHMENT OF MEASURES.—The Secretary shall
establish, in consultation with grantees, subgrantees, and host
agencies under this title, States, older individuals, area agen-
cies on aging, and other organizations serving older individuals,
performance 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 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 continuous improve-
ment in performance.
‘‘(B) 
ADJUSTMENT.—The 
levels 
of 
performance
described in subparagraph (A) applicable to a grantee shall
be adjusted only with respect to the following factors:
‘‘(i) High rates of unemployment, poverty, or wel-
fare recipiency in the areas served by a grantee, rel-
ative to other areas of the State or Nation.
‘‘(ii) Significant downturns in the areas served by
the grantee or in the national economy.
‘‘(iii) 
Significant 
numbers 
or 
proportions 
of
enrollees with one 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 performance of not less than 20
percent (adjusted in accordance with subparagraph (B))
for placement of enrollees into unsubsidized public or pri-
vate employment as defined in subsection (c)(2).
‘‘(3) PERFORMANCE EVALUATION OF PUBLIC OR PRIVATE NON-
PROFIT
AGENCIES
AND
ORGANIZATIONS.—The Secretary shall
annually establish national performance measures for each
public or private 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 performance of the grantees with respect to such
measures 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 the
State grantees with respect to such measures shall be evaluated
in accordance with section 514(f ).
‘‘(5) LIMITATION.—An agreement to be evaluated on the
performance measures shall be a requirement for application
for, and a condition of, all grants authorized by this title.
‘‘(b) REQUIRED INDICATORS.—The indicators described in sub-
section (a) shall include—
H. R. 782—57
‘‘(1) the number of persons served, with particular consider-
ation given to individuals with greatest economic need, greatest
social need, or poor employment history or prospects, and
individuals who are over the age of 60;
‘‘(2) community services provided;
‘‘(3) placement into and retention in unsubsidized 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 Sec-
retary determines to be appropriate to evaluate services and
performance.
‘‘(c) DEFINITIONS OF INDICATORS.—
‘‘(1) IN GENERAL.—The Secretary, after consultation with
national and State grantees, representatives of business and
labor organizations, and providers of services, shall, by regula-
tion, issue definitions of the indicators of performance described
in subsection (b).
‘‘(2) DEFINITIONS OF CERTAIN TERMS.—In this section:
‘‘(A) PLACEMENT INTO PUBLIC OR PRIVATE UNSUBSIDIZED
EMPLOYMENT.—The term ‘placement into public or private
unsubsidized employment’ means full- or part-time paid
employment 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 employment subsidy program, or the equivalent
of such employment as measured by the earnings of an
enrollee through the use of wage records or other appro-
priate methods.
‘‘(B) RETENTION IN PUBLIC OR PRIVATE UNSUBSIDIZED
EMPLOYMENT.—The term ‘retention in public or private
unsubsidized employment’ means full- or part-time paid
employment in the public or private sector by an enrollee
under this title for 6 months after the starting date of
placement into unsubsidized 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 performance on the perform-
ance 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 established 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 period of 1 year, except that,
after the promulgation of regulations for this title and the establish-
ment of the performance 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 accordance with section
502(b)(1), and subsections (c) and (d).
‘‘(c) CRITERIA.—The Secretary shall select the eligible applicants
to receive grants under subsection (a) based on the following: