[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1671 Introduced in House (IH)]
105th CONGRESS
1st Session
H. R. 1671
To amend the Older Americans Act of 1965 to provide for Federal-State
performance partnerships, to consolidate all nutrition programs under
the Act in the Department of Health and Human Services, to extend
authorizations of appropriations for programs under the Act through
fiscal year 2000, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 20, 1997
Mr. Martinez (for himself, Mr. Green, Mr. Kennedy of Massachusetts, and
Mr. Filner) introduced the following bill; which was referred to the
Committee on Education and the Workforce
_______________________________________________________________________
A BILL
To amend the Older Americans Act of 1965 to provide for Federal-State
performance partnerships, to consolidate all nutrition programs under
the Act in the Department of Health and Human Services, to extend
authorizations of appropriations for programs under the Act through
fiscal year 2000, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; REFERENCES IN ACT; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Older Americans
Act Amendments of 1997''.
(b) Reference.--Except as otherwise expressly provided in this Act,
whenever in this Act an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the reference
shall be considered to be made to a section or other provision of the
Older Americans Act of 1965 (42 U.S.C. 3001 et seq.).
(c) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; references in Act; table of contents.
TITLE I--PERFORMANCE PARTNERSHIPS
Sec. 101. Responsibilities of Assistant Secretary.
Sec. 102. Funding of incentive awards.
Sec. 103. Responsibilities of States.
Sec. 104. Area plans: reorganization, streamlining, and incorporation
of performance partnerships.
Sec. 105. State plans: reorganization, streamlining, and incorporation
of performance partnerships.
Sec. 106. State administrative costs related to performance
partnerships.
Sec. 107. Effective date.
TITLE II--OTHER AMENDMENTS TO THE OLDER AMERICANS ACT OF 1965
Subtitle A--Administration on Aging
Sec. 201. Office functions.
Sec. 202. National Eldercare Locator Service and other functions of
Assistant Secretary.
Sec. 203. Authorization of appropriations for Federal Council on the
Aging.
Sec. 204. Administration and evaluation.
Sec. 205. Reports.
Sec. 206. Nutrition education.
Sec. 207. Authorization of appropriations for Administration on Aging.
Subtitle B--State and Community Programs on Aging
Sec. 211. Clarification concerning services to individuals who are not
older individuals.
Sec. 212. Authorization of appropriations.
Sec. 213. Allotment.
Sec. 214. Organization.
Sec. 215. Area plans.
Sec. 216. State option for cost-sharing.
Sec. 217. State plans.
Sec. 218. Transfer of funds between programs.
Sec. 219. Availability of disaster relief funds to organizations.
Sec. 220. Nutrition services incentive program.
Sec. 221. Waivers of certain requirements for State programs.
Sec. 222. Consolidation of authorities for supportive services and
senior centers.
Sec. 223. Consolidation of authorities for nutrition services.
Sec. 224. Repeal of superseded authorities.
Subtitle C--Research, Development, and Demonstrations
Sec. 231. Revision of title IV.
Subtitle D--Community Service Employment for Older Americans
Sec. 241. Phased reduction of Federal share.
Sec. 242. Authorization of appropriations.
Subtitle E--Grants for Native Americans
Sec. 251. Technical and conforming amendments.
Sec. 252. Authorization of appropriations.
Subtitle F--Vulnerable Elder Rights Protection
Sec. 261. Authorization of appropriations.
Sec. 262. Technical and conforming amendments.
Sec. 263. Assistance program for insurance and public benefits.
Sec. 264. Native American program.
Sec. 265. General provisions.
Subtitle G--Technical Amendments
Sec. 271. Definitions.
Sec. 272. Technical and conforming amendments to other Acts.
Sec. 273. Overall technical amendments.
Subtitle H--Effective Date
Sec. 281. Effective date.
TITLE III--WHITE HOUSE CONFERENCE ON AGING
Sec. 301. Definitions.
Sec. 302. White House Conference authorized.
Sec. 303. Conference administration.
Sec. 304. Policy Committee; related committees.
Sec. 305. Report of the Conference.
Sec. 306. Authorization of appropriations.
Sec. 307. Conforming amendment.
TITLE I--PERFORMANCE PARTNERSHIPS
SEC. 101. RESPONSIBILITIES OF ASSISTANT SECRETARY.
(a) Definitions.--Section 102 (42 U.S.C. 3002) is amended by adding
at the end the following new paragraph:
``(45)(A) The term `performance indicator' means a
quantifiable characteristic used as a measurement.
``(B) The term `performance target' means a numerical value
that a State seeks to achieve within a specified period of
time.''.
(b) Functions of Assistant Secretary.--Section 202(a)(3) (42 U.S.C.
3012(a)(3)) is amended by inserting before the semicolon ``, and
negotiate and enter into performance partnership agreements with the
States under sections 305A and 704A''.
(c) Performance Partnerships.--Title II is amended by inserting
after section 202 (42 U.S.C. 3012) the following new section:
``SEC. 202A. PERFORMANCE PARTNERSHIPS.
``(a) In General.--The Assistant Secretary shall negotiate and
enter into performance partnership agreements under sections 305A and
704A with States in accordance with this section.
``(b) Performance Objectives and Measures.--
``(1) Specification of objectives.--The Assistant
Secretary, in consultation (as appropriate) with States, local
governments, tribal organizations, governing bodies for Native
Hawaiians, and other entities, shall specify by September 30,
1998 (and from time to time revise, as the Assistant Secretary
determines to be necessary), with respect to the goals
specified in sections 305A and 704A--
``(A) a list of performance partnership objectives,
from which the States shall derive objectives specified
in the agreements, to accomplish the goal of each such
section; and
``(B) for each such section, a core set of such
specified objectives (referred to individually in this
section as a `core objective') that address needs of
older individuals that are needs of national
significance.
``(2) Elements related to performance partnership
objectives.--For each performance partnership objective
specified under paragraph (1), the Assistant Secretary shall
specify--
``(A) a performance indicator;
``(B) the specific population addressed by the
objective;
``(C) a quantifiable performance target; and
``(D) a date by which the target is to be achieved.
``(3) General principles for specification of objectives.--
In specifying such a performance partnership objective, the
Assistant Secretary shall be guided, to the extent the
Assistant Secretary determines appropriate, by the following
principles:
``(A) Related to goals; important;
understandable.--The objective should be closely
related to the goal of section 305A or 704A, as
appropriate, and be viewed as important by and
understandable to State policymakers and the general
public.
``(B) Relationship to agreement.--Based on
consultation with State agencies, the Assistant
Secretary should expect that the Assistant Secretary
will enter into a performance partnership agreement
that specifies actions that will have an impact on the
objective.
``(C) Measurable progress.--Based on consultation
with State agencies, the Assistant Secretary should
expect that the parties to the agreement will be able
to make measurable progress in achieving the objective
over the period of the grant to be made to carry out
the agreement.
``(D) Results-oriented.--The objective should be
results-oriented. Collectively, the objectives
specified under paragraph (1) should include a suitable
mix of outcome, process, and capacity measures. If such an objective
includes a process or capacity measure, the objective should be
demonstrably linked to the achievement of a specified outcome for older
individuals.
``(4) Data.--The Assistant Secretary shall specify data to
be collected and submitted to the Assistant Secretary by a
State agency entering into such an agreement, to measure the
extent to which the objectives specified in the agreement
achieve the performance targets for the objectives. The data
shall, to the extent practicable, be comparable for all States,
meet reasonable statistical standards for quality, and be
available in a timely fashion, at appropriate intervals, and at
reasonable cost, and, with respect to core objectives, shall
include as appropriate the data specified in section
202(a)(19), collected in accordance with the uniform procedures
established pursuant to section 202(a)(29).
``(c) State Performance Partnership Proposal.--
``(1) In general.--A State agency shall include, in the
State plan submitted under section 307, a proposal for a
performance partnership agreement that shall contain--
``(A) a list of 1 or more objectives (derived from
the performance partnership objectives specified under
subsection (b) or selected under paragraph (2)) toward
which the State will work;
``(B) for each objective specified under
subparagraph (A)--
``(i) a performance indicator;
``(ii) the specific population addressed by
the objective;
``(iii) a quantifiable performance target;
and
``(iv) a date by which the target is to be
achieved, which shall be not later than the end
of the period of the partnership agreement
(referred to in this section as the
`partnership period') (which shall be
coterminous with the period covered by the
State plan under section 307);
``(C) a rationale for the selection of the
objectives, including a rationale for the performance
targets and dates described in clauses (iii) and (iv)
of subparagraph (B);
``(D) a statement of the strategies of the agency
for achieving the objectives over the course of the
partnership period;
``(E) a statement of the estimated amount to be
expended to carry out each such strategy; and
``(F) an assurance that the State agency will
report to the Assistant Secretary, not later than 60
days after the end of each fiscal year, on progress in
the State toward achieving--
``(i) core objectives (regardless of
whether the State is working toward such
objectives); and
``(ii) the specific objectives toward which
the State is working under the performance
partnership agreement.
``(2) Selection of additional objectives.--In selecting
objectives for the proposal described in paragraph (1), a State
agency may select an objective that is not a performance
partnership objective specified under subsection (b)(1)(A) if the State
agency demonstrates to the Assistant Secretary that--
``(A) the objective selected relates to a
significant concern of older individuals in the State
that would not otherwise be addressed appropriately; and
``(B) a suitable performance indicator exists to
measure progress toward the objective.
``(3) Elements of state proposals relating to special
populations.--Each State proposal described in paragraph (1)
that is submitted with respect to activities carried out under
title III or VII shall include, as appropriate, objectives--
``(A) designed, in consultation with a tribal
organization or a governing body for Native Hawaiians
(or a representative of such an organization or such a
body) to address the needs of older American Indians,
older Alaskan Natives, and older Native Hawaiians, as
appropriate, within the State and to ensure that an
appropriate and equitable share of State funding under
such title is used to meet such needs; and
``(B) designed to give priority to activities
addressing the needs of vulnerable older individuals in
the State.
``(d) Negotiations and Adjustment.--
``(1) Initial negotiations.--The Assistant Secretary shall
enter into negotiations with a State agency regarding the
proposal for a performance partnership agreement submitted by
the State in accordance with subsection (c)(1). In the
negotiations concerning the agreement, the Assistant Secretary
shall--
``(A) consider the extent to which the proposed
objectives, performance targets, dates, and strategies
described in the proposal are likely to address
appropriately the most significant needs of older
individuals (as measured by applicable performance
indicators) within the State, including the needs of
vulnerable populations; and
``(B) give particular consideration to the
effectiveness of the activities described in the
proposal in addressing progress toward achieving the
core objectives.
``(2) Adjustment.--The Assistant Secretary and the State
agency may at any time in the course of the partnership period
renegotiate, and revise by mutual agreement, the elements of
the partnership agreement in light of new information or
changed circumstances (including information or changes
identified during assessments or on-site reviews conducted
under subsection (e)).
``(e) Annual Assessments; Periodic On-Site Reviews.--
``(1) Assessments.--
``(A) In general.--The Assistant Secretary shall
annually conduct an assessment with respect to the
performance partnerships carrying out activities under
title III or VII, on the basis of the reports submitted
by State agencies under subsection (c)(1)(F), in order
to determine--
``(i) the progress achieved collectively by
the partnerships toward each of the core
objectives; and
``(ii) in consultation with each State, the
progress in the State toward achieving each
objective in the performance partnership
agreement relating to activities carried out
under such title.
``(B) Availability.--The Assistant Secretary shall
make the assessments publicly available.
``(2) Periodic on-site reviews.--Not less often than once
every 5 years, the Assistant Secretary shall conduct an on-site
review of the adherence of each State to the performance
partnership agreement of the State entered into under section
305A or 704A, as appropriate.
``(f) Incentive Awards for Effective Performance.--
``(1) In general.--From amounts reserved under section
304(a)(5), the Assistant Secretary may make an incentive award
to any State that the Assistant Secretary determines, on the
basis of assessments or on-site reviews conducted under
subsection (e) or of other investigation, has performed
effectively under a performance partnership agreement entered
into under section 305A or 704A and to have made significant
progress toward achieving the core objectives.
``(2) Use of funds.--An incentive award made to a State
under paragraph (1) shall be available only for use in
furnishing additional services under the performance
partnership agreement of the State entered into under such
section.''.
SEC. 102. FUNDING OF INCENTIVE AWARDS.
(a) In General.--Section 304(a) (42 U.S.C. 3024(a)) is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
striking ``, from the sums appropriated'' and inserting
``, from the amounts remaining (after the Assistant
Secretary makes such reservation as the Assistant
Secretary determines to be appropriate under paragraph
(5)) of the sums appropriated''; and
(B) in each of subparagraphs (A), (B), and (C), by
striking ``sum appropriated'' and inserting ``remaining
amounts''; and
(2) by adding at the end the following:
``(5) From each of the sums appropriated under section 303 for each
fiscal year, the Assistant Secretary may reserve not more than 10
percent to make incentive awards to States in accordance with section
202A(f).''.
(b) Technical Amendment.--Section 304 (42 U.S.C. 3024) is amended
by striking subsection (e).
SEC. 103. RESPONSIBILITIES OF STATES.
(a) Basic State Grants Program.--Title III is amended by inserting
after section 305 (42 U.S.C. 3025) the following new section:
``SEC. 305A. PERFORMANCE PARTNERSHIPS.
``(a) Goals.--The goal of this section is for the States and the
Federal Government, working together in a partnership, to accomplish
the purpose specified in section 301(a).
``(b) Performance Partnership as Element of State Plan.--In order
to be eligible to receive a grant from the allotment of a State under
this title, except as provided in the second sentence of section
309(a), the State agency shall propose to, negotiate with, and enter
into with, the Assistant Secretary a performance partnership agreement
in accordance with this section and section 202A, and shall include the
proposal for such agreement as part of the State plan submitted under
section 307.
``(c) Advisory Council.--The State agency shall establish an
Advisory Council that--
``(1) shall have members including representatives of--
``(A) other State agencies administering programs
serving older individuals;
``(B) private entities providing services under the
State plan; and
``(C) older individuals (with appropriate efforts
to include minority older individuals); and
``(2) shall have responsibilities that shall include--
``(A) reviewing and commenting on the proposal of
the State for a performance partnership agreement to be
negotiated and entered into under this section (which
comments shall be submitted with the State plan
submitted under section 307) during the development of
the proposal; and
``(B) evaluating and reporting on the performance
of the State under the final performance partnership
agreement negotiated and entered into with the
Assistant Secretary under this section.''.
(b) Vulnerable Elder Rights Protection Program.--Title VII is
amended by inserting after section 704 (42 U.S.C. 3058c) the following
new section:
``SEC. 704A. PERFORMANCE PARTNERSHIPS.
``(a) Goals.--The goal of this section is for the States and the
Federal Government, working together in a partnership, to protect the
rights of vulnerable older individuals and to prevent elder abuse,
neglect, and exploitation.
``(b) State Performance Partnership as Element of State Plan.--In
order to be eligible to receive a grant from the allotment of a State
under this title, the State agency shall propose to, negotiate with,
and enter into with, the Assistant Secretary a performance partnership
agreement in accordance with this section and section 202A, and shall
include the proposal for such agreement as part of the State plan
submitted under section 307.
``(c) Advisory Council.--The responsibilities of the advisory
council established by the State pursuant to section 305A(c) shall
include--
``(1) reviewing and commenting on the proposal of the State
for a performance partnership agreement to be negotiated and
entered into under this section (which comments shall be
submitted with the State plan submitted under section 307)
during the development of the proposal; and
``(2) evaluating and reporting on the performance of the
State under the final performance partnership agreement
negotiated and entered into with the Assistant Secretary under
this section.''.
SEC. 104. AREA PLANS: REORGANIZATION, STREAMLINING, AND INCORPORATION
OF PERFORMANCE PARTNERSHIPS.
(a) Area Plan Requirements.--Section 306(a) (42 U.S.C. 3026(a)) is
amended--
(1) in the third sentence, in the matter preceding
paragraph (1), by striking ``Each such plan shall--'' and
inserting ``Each such plan shall comply with the following
requirements:'';
(2) by striking paragraph (1) and inserting the following:
``(1) The plan shall provide for furnishing, through a
comprehensive and coordinated system, services that--
``(A) are services for which a need has been
determined pursuant to paragraph (3);
``(B) are designed to meet the performance
objectives specified under paragraph (4); and
``(C) include--
``(i) supportive services (including at
least the services specified in paragraph (2));
``(ii) nutrition services; and
``(iii) where appropriate, the
establishment, maintenance, or construction of
multipurpose senior centers.'';
(3) in paragraph (2)--
(A) in the matter preceding subparagraph (A)--
(i) by inserting ``The plan shall'' after
``(2)''; and
(ii) by striking ``section 307(a)(22)'' and
inserting ``section 307(a)(2)(C)''; and
(B) in the matter following subparagraph (C)--
(i) by striking ``and specify annually in
such plan, as submitted or as amended,'' and
inserting ``and an assurance that the area
agency on aging will report annually to the
State agency''; and
(ii) by striking the semicolon at the end
and inserting a period;
(4) by striking paragraphs (3) (relating to designation of
focal points for service delivery in each community) and (4)
(relating to information and assistance services);
(5) by inserting after paragraph (2) the following new
paragraphs:
``(3) The plan shall provide for determining the extent of
need for the services specified in subparagraphs (B) and (C) of
paragraph (1), and the services specified in paragraph (2), in
the area taking into consideration, among other things--
``(A) the numbers of older individuals residing in
such area--
``(i) who have low incomes;
``(ii) who have the greatest economic need
(with particular attention to individuals who
are members of historically disadvantaged
groups);
``(iii) who have the greatest social need
(with particular attention to individuals who
are members of historically disadvantaged
groups); or
``(iv) who are older American Indians,
older Alaskan Natives, or older Native
Hawaiians; and
``(B) the effectiveness of the use of resources
(including efforts of volunteers and voluntary
organizations) in meeting such need.
``(4) The plan shall--
``(A) identify, for purposes of the performance
partnerships required under sections 305A and 704A--
``(i) area objectives, which shall be
identified on the basis of the determinations
made under paragraph (3) and shall include
objectives required under paragraph (5); and
``(ii) for each area objective--
``(I) a performance indicator;
``(II) the specific population
addressed by the objective;
``(III) a quantifiable performance
target; and
``(IV) a date by which the target
is to be achieved; and
``(B) be amended as necessary to incorporate, as
appropriate, the objectives specified in the
performance partnership agreements negotiated and
entered into by the State agency under sections 305A
and 704A.'';
(6) in paragraph (5)--
(A) in subparagraph (A)--
(i) in clause (i)--
(I) by inserting ``The plan shall''
after ``(i)''; and
(II) by striking the semicolon and
inserting a period;
(ii) in clause (ii)--
(I) by inserting ``The plan shall''
after ``(ii)''; and
(II) in subclause (III), by
striking ``; and'' and inserting a
period; and
(iii) in clause (iii)--
(I) by inserting ``The plan
shall,'' after ``(iii)'';
(II) in subclause (I), by striking
the semicolon and inserting ``; and'';
(III) by striking subclause (II);
(IV) by redesignating subclause
(III) as subclause (II); and
(V) in subclause (II) (as
redesignated in subclause (IV)), by
striking the semicolon and inserting a
period;
(B) in subparagraph (B)--
(i) by inserting ``The plan shall'' after
``(B)'';
(ii) in clause (i), by indenting the
subclauses and aligning the margins of the
subclauses with the margins of subclause (I) of
paragraph (6)(E)(ii);
(iii) by indenting the clauses and aligning
the margins of the clauses with the margins of
subparagraph (A) of paragraph (6);
(iv) by indenting subparagraph (B) and
aligning the margins of the subparagraph with
the margins of subparagraph (C); and
(v) in clause (ii), by striking ``; and''
and inserting a period; and
(C) in subparagraph (C)--
(i) by inserting ``The plan shall'' after
``(C)''; and
(ii) by striking the semicolon and
inserting a period;
(7) in paragraph (6)--
(A) by inserting ``The plan shall'' after ``(6)'';
(B) by striking subparagraphs (A) (relating to
evaluations and public hearings) and (B) (relating to
technical assistance to providers);
(C)(i) by redesignating subparagraph (D) as
subparagraph (A); and
(ii) moving such subparagraph (A) so that such
subparagraph precedes subparagraph (C);
(D)(i) by redesignating subparagraph (F) as
subparagraph (B);
(ii) by moving such subparagraph (B) so that such
subparagraph precedes subparagraph (C); and
(iii) by striking the semicolon at the end of such
subparagraph (B) and inserting ``; and'';
(E) by striking the semicolon at the end of
subparagraph (C) and inserting a period; and
(F) by striking subparagraphs (E) (relating to
arrangements with specified organizations), (G)
(relating to methods for determining priority
services), (H) (relating to coordination among
programs), (J) (relating to identification of
protective services providers), (L) (relating to
coordination of services for victims of Alzheimer's
disease), (M) (relating to coordination of mental
health services), (O) (relating to information on
higher education), (Q) (relating to coordination with
housing providers), (R) (relating to telephone listings
of area agencies on aging), and (S) (relating to
coordination of transportation services);
(8) by striking paragraphs (7) through (10) (relating to
assurances that funds will be spent for the purposes awarded);
(9)(A) by striking subparagraphs (I) and (K) of paragraph
(6) (relating to community-based long-term care services); and
(B) by inserting after paragraph (6) the following new
paragraph:
``(7) The plan shall provide that the area agency on aging
will facilitate the coordination of community-based, long-term
care services designed to enable older individuals to remain in
their homes, by means including--
``(A) developing case management services as a
component of the long-term care services, consistent
with the requirements of paragraph (8);
``(B) involving long-term care providers in the
coordination of such services; and
``(C) increasing community awareness of, and
involvement in addressing, the needs of residents of
long-term care facilities.'';
(10)(A) by redesignating paragraph (20) as paragraph (8);
(B) by moving such paragraph (8) so that such paragraph
follows paragraph (7) (as inserted in paragraph (9)); and
(C) in such paragraph (8), by inserting ``The plan shall''
after ``(8)'';
(11)(A) by redesignating paragraph (11) as paragraph (9);
and
(B) in such paragraph (9)--
(i) by inserting ``The plan shall'' after ``(9)'';
(ii) by striking ``section 307(a)(12)'' and
inserting ``section 307(a)(9)''; and
(iii) by striking the semicolon at the end and
inserting a period;
(12)(A) by redesignating paragraph (6)(P) as paragraph
(10);
(B) by moving such paragraph (10) so that such paragraph
follows paragraph (9) (as redesignated in paragraph (11));
(C) by indenting such paragraph (10) and aligning the
margins of such paragraph with the margins of such paragraph
(9); and
(D) in such paragraph (10)--
(i) by inserting ``The plan shall'' after ``(10)'';
and
(ii) by striking the semicolon and inserting a
period;
(13)(A) by striking paragraphs (6)(N), (18), and (19)
(relating to services for older American Indians, older Alaskan
Natives, and older Native Hawaiians); and
(B) by inserting after such paragraph (10) the following
paragraph:
``(11) The plan shall provide the following assurances
concerning services to individuals who are older American
Indians, older Alaskan Natives, or older Native Hawaiians:
``(A) If there is a significant population of older
American Indians, older Alaskan Natives, or older
Native Hawaiians in the area, the area agency on aging
will pursue activities, including outreach, to increase
the access of such individuals to programs and benefits
under this title.
``(B) 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.'';
(14) by striking paragraphs (12) (relating to an area
option concerning a volunteer services coordinator) and (13)
through (16) (relating to description of and assurances
concerning activities of an area agency on aging); and
(15)(A) by redesignating paragraph (17) as paragraph (12);
and
(B) in such paragraph (12)--
(i) by inserting ``The plan shall'' after ``(12)'';
(ii) by striking ``section 307(a)(13)(G)'' and
inserting ``section 307(a)(10)(D)''; and
(iii) by striking the semicolon and inserting a
period.
(b) State Waivers.--Section 306(b) (42 U.S.C. 3026(b)) is amended--
(1) by striking paragraph (2) (relating to procedural
requirements for State agency waivers to area agencies on
aging); and
(2) by striking ``(1)'' after ``(b)''.
SEC. 105. STATE PLANS: REORGANIZATION, STREAMLINING, AND INCORPORATION
OF PERFORMANCE PARTNERSHIPS.
(a) In General.--Section 307(a) (42 U.S.C. 3027(a)) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) The plan shall--
``(A) provide that each area agency on aging
designated under section 305(a)(2)(A) will--
``(i) develop and submit to the State
agency for approval, in accordance with a
uniform format developed by the State agency,
an area plan that meets the requirements of
section 306, including the requirement of
section 306(a)(4) that the plan identify area
objectives for purposes of the performance
partnerships required under sections 305A and
704A; and
``(ii) amend such area plan as necessary to
incorporate, as appropriate, objectives
specified in the performance partnership
agreements negotiated and entered into by the
State agency under such sections 305A and 704A;
``(B) be based on such area plans; and
``(C) include the proposed performance partnership
agreements to be negotiated and entered into with the
Assistant Secretary under such sections 305A and 704A
(in accordance with section 202A).'';
(2)(A) by striking paragraphs (3)(A) (relating to
evaluation of need for services), (9) (relating to information
and assistance services), and (22) (relating to funding shares
for priority services); and
(B) by amending paragraph (2) to read as follows:
``(2) The plan shall provide that the State agency will--
``(A) evaluate, using uniform procedures specified
in section 202(a)(29), the need for supportive services
(including legal assistance, information and
assistance, and transportation services), nutrition
services, and multipurpose senior centers, within the
State;
``(B) determine the extent to which public or
private programs and resources (including volunteers
and programs and services of voluntary organizations)
meet such need; and
``(C) specify minimum percentages, of the funds
received by each area agency on aging to carry out
activities under part B, to be expended by such area
agency on aging to provide each of the categories of
services specified in section 306(a)(2) (unless the
State agency waives the expenditure requirement
specified in this subparagraph for a category under
section 306(b)).'';
(3)(A) by striking paragraphs (3)(B) (relating to
maintaining rural funding), (29) (relating to rural services),
(33) (relating to intrastate distribution of funds), and (37)
(relating to the costs of rural services); and
(B) by inserting after paragraph (2) the following new
paragraph:
``(3) The plan shall--
``(A) include (and may not be approved unless the
Assistant Secretary approves) the statement and
demonstration required by paragraphs (2) and (4) of
section 305(d) (relating to intrastate distribution of
funds); and
``(B) with respect to services for older
individuals residing in rural areas--
``(i) provide assurances that the State
agency will expend for such services for each
fiscal year, under this title and titles V and
VII, not less than 105 percent of the amount
expended for such services by the State for
fiscal year 1978 under this Act;
``(ii) include information identifying, for
each fiscal year for which the plan applies,
the projected costs of providing such services
(including the cost of providing access to such
services) in the State under this Act; and
``(iii) describe the methods used to meet
the needs for such services in the State in the
fiscal year preceding the first year for which
such plan applies.'';
(4) by striking paragraph (4) (relating to methods of
administration and personnel standards);
(5)(A) by striking paragraph (8) (relating to evaluations
and hearings); and
(B) by inserting after paragraph (3) the following
paragraph:
``(4) The plan shall provide that the State agency will
conduct periodic evaluations of, and public hearings on,
activities and projects carried out under the State plan.'';
(6)(A) by striking paragraph (43) (relating to grievance
procedures); and
(B) by amending paragraph (5) (relating to a hearing for
area agencies on aging and providers) to read as follows:
``(5) The plan shall provide that the State agency will--
``(A) afford an opportunity for a hearing on
request, in accordance with published procedures, to
any area agency on aging submitting a plan under this
title and to any provider of (or applicant seeking to
provide) services under such a plan; and
``(B) issue guidelines applicable to grievance
procedures required by section 306(a)(10).'';
(7) in paragraph (7), by striking subparagraph (C)
(relating to contractual and commercial relationships);
(8)(A) by redesignating paragraph (10) as paragraph (8);
and
(B) in such paragraph (8), by striking ``(as defined in
section 342)'';
(9) by striking paragraph (11) (relating to a hiring
preference for older individuals and individuals trained in the
field of aging);
(10)(A) by redesignating paragraph (12) as paragraph (9);
(B) in such paragraph (9), by adding before the period ``,
and will expend to carry out such program not less than the
total amount so expended by the State agency for fiscal year
1991 under this Act''; and
(C) by striking paragraph (21) (relating to maintenance of
effort for the long-term care ombudsman program);
(11)(A) by redesignating paragraph (13) as paragraph (10);
and
(B) in such paragraph (10)--
(i) by striking subparagraphs (B) (relating to
primary consideration to congregate meals), (D)
(relating to accessibility of congregate meal site),
(E) (relating to outreach), (H) (relating to continued
use of providers of home-delivered meals), and (M)
(relating to nonfinancial eligibility criteria); and
(ii)(I) in subparagraph (K), by inserting ``and''
after the semicolon;
(II) in subparagraph (L), by striking ``; and'' and
inserting a period; and
(III) by redesignating subparagraphs (C), (F), (G),
and (I) through (L) as subparagraphs (B) through (H),
respectively;
(12) by striking paragraph (14) (relating to restrictions
on use of funds for acquisition, alteration, renovation, or
construction of facilities);
(13)(A) by redesignating paragraph (15) as paragraph (11);
(B) in such paragraph (11)--
(i) in subparagraph (D), by striking ``and'' after
the semicolon; and
(ii) in subparagraph (E), by striking the period
and inserting ``; and''; and
(C)(i) in paragraph (18), by striking all that precedes
``assign personnel'' and inserting ``(18) the State will'';
(ii) by redesignating such paragraph (18) as subparagraph
(F);
(iii) by moving such subparagraph (F) so that the
subparagraph follows subparagraph (E) of paragraph (11) (as
redesignated in subparagraph (A)); and
(iv) by indenting such subparagraph (F) and aligning the
margins of such subparagraph with the margins of subparagraph
(E) of such paragraph (11);
(14) by redesignating paragraph (16) as paragraph (12);
(15) by striking paragraph (17) (relating to in-service
personnel training);
(16) by striking paragraph (19) (relating to assurances
that area agencies on aging may give grants or contracts to
providers of education and training services);
(17) by redesignating paragraphs (20), (23), (24), and (25)
as paragraphs (13), (14), (15), and (16), respectively;
(18)(A) by redesignating paragraph (26) as paragraph (17);
and
(B) in such paragraph (17)--
(i) by redesignating subparagraphs (A) through (C)
as clauses (i) through (iii), respectively; and
(ii) in the matter preceding clause (i) (as
redesignated in clause (i))--
(I) by inserting ``(A)'' after ``(17)'';
and
(II) by striking ``section 306(a)(6)(I)''
and inserting ``section 306(a)(7)'';
(19)(A) by redesignating paragraph (44) as subparagraph
(B); and
(B) by moving such subparagraph (B) so that such
subparagraph follows subparagraph (A) of paragraph (17) (as
designated in paragraph (18));
(20) by striking paragraph (27) (relating to assurances
concerning part D in-home services);
(21) by striking paragraph (28) (relating to assurances
concerning part E special needs assistance);
(22) by redesignating paragraph (30) as paragraph (18);
(23) by striking paragraph (31) (relating to a State
volunteer services coordinator);
(24) by redesignating paragraph (32) as paragraph (19);
(25)(A) by redesignating paragraph (34) as paragraph (20);
and
(B) in such paragraph (20), by inserting ``(A)'' after
``(20)'';
(26)(A) in paragraph (35)--
(i) in subparagraph (A), by striking ``older
individuals who are Native Americans'' and inserting
``older American Indians, older Alaskan Natives, and
older Native Hawaiians''; and
(ii) by redesignating subparagraphs (A) and (B) as
clauses (i) and (ii), respectively; and
(B) by redesignating paragraph (35) as subparagraph (B) of
such paragraph (20);
(27)(A) by redesignating paragraph (36) as paragraph (21);
and
(B) in such paragraph (21), by striking ``306(a)(20)'' and
inserting ``306(a)(8)''; and
(28) by striking paragraphs (38) (relating to use of
funds), (39) (relating to a restriction on preferences), (40)
(relating to the part G program for in-home caretakers), (41)
(relating to efforts to coordinate services and provide
multigenerational activities), and (42) (relating to
coordination of transportation services).
(b) Technical Amendment.--Section 307(f) (42 U.S.C. 3027(f)) is
amended--
(1) in paragraph (1), by striking ``(1)''; and
(2) by striking paragraph (2).
SEC. 106. STATE ADMINISTRATIVE COSTS RELATED TO PERFORMANCE
PARTNERSHIPS.
Section 308 (42 U.S.C. 3028) is amended by adding at the end the
following new subsection:
``(d) In addition to amounts otherwise available under this
section, each State may use such additional amounts from the allotment
to the State under section 304 (not to exceed 2 percent of such
allotment) as the Assistant Secretary may permit, for costs relating to
the administration of activities carried out through performance
partnerships under this title and title VII, including the costs of
developing and negotiating performance partnership agreements and of
administering, monitoring, evaluating, and reporting on activities
carried out through such partnerships.''.
SEC. 107. EFFECTIVE DATE.
(a) In General.--The amendments made by this title shall take
effect on the date of enactment of this Act.
(b) Application.--The amendments made by this title shall apply
with respect to a State on the effective date of the first State plan
submitted under section 307 of the Older Americans Act of 1965 (42
U.S.C. 3027) that takes effect 1 year or later after the date of
enactment of this Act.
TITLE II--OTHER AMENDMENTS TO THE OLDER AMERICANS ACT OF 1965
Subtitle A--Administration on Aging
SEC. 201. OFFICE FUNCTIONS.
(a) Office for American Indian, Alaskan Native, and Native Hawaiian
Programs.--Section 201(c)(3) (42 U.S.C. 3011(c)(3)) is amended--
(1) in subparagraphs (A)(i), (B), (E), and (G), by striking
``older individuals who are Native Americans'' and inserting
``older American Indians, older Alaskan Natives, and older
Native Hawaiians'';
(2) in subparagraph (A), by inserting ``older'' before
``Native Hawaiians;'';
(3) in subparagraph (B), by striking ``to Native
Americans'' and inserting ``to American Indians, Alaskan
Natives, and Native Hawaiians'';
(4) in subparagraph (F)--
(A) by striking ``older Native Americans'' and
inserting ``older American Indians, older Alaskan
Natives, or older Native Hawaiians'';
(B) by striking ``older individuals who are Native
Americans'' and inserting ``older American Indians,
older Alaskan Natives, or older Native Hawaiians''; and
(C) by striking ``to Native Americans'' and
inserting ``to American Indians, Alaskan Natives, or
Native Hawaiians''; and
(5) in subparagraph (J), by striking ``older individuals
who are Indians, Alaskan Natives, and Native Hawaiians'' and
inserting ``older American Indians, older Alaskan Natives, and
older Native Hawaiians''.
(b) Office of Long-Term Care Ombudsman Programs.--Subparagraphs
(C)(ii) and (J) of section 201(d)(3) are amended by striking
``307(a)(12)'' and inserting ``307(a)(9)''.
SEC. 202. NATIONAL ELDERCARE LOCATOR SERVICE AND OTHER FUNCTIONS OF
ASSISTANT SECRETARY.
(a) In General.--Section 202(a)(24) (42 U.S.C. 3012(a)(24)) is
amended to read as follows:
``(24) develop and operate, either directly or through
contracts, grants, or cooperative agreements, a National
Eldercare Locator Service, providing nationwide toll-free
information and assistance services to identify community
resources for older individuals;''.
(b) Technical Amendments.--
(1) Section 202(a)(26) (42 U.S.C. 3012(a)(26)) is amended
by striking ``307(a)(18)'' and inserting ``307(a)(11)(F)''.
(2) Section 202(c) (42 U.S.C. 3012(c)) is amended--
(A) in paragraph (1), by striking ``(1)''; and
(B) by striking paragraph (2).
(3) Section 202(e)(1)(A) (42 U.S.C. 3012(e)(1)(A)) is
amended--
(A) in clause (iv), by striking ``, and the
information provided by the Resource Centers on Native
American Elders under section 429E''; and
(B) in clause (vi), by striking the semicolon and
inserting a period.
SEC. 203. AUTHORIZATION OF APPROPRIATIONS FOR FEDERAL COUNCIL ON THE
AGING.
Section 204(g) (42 U.S.C. 3015(g)) is amended by striking all that
follows ``to carry out this section'' and inserting ``$226,000 for
fiscal year 1998 and such sums as may be necessary for each of fiscal
years 1999 and 2000.''.
SEC. 204. ADMINISTRATION AND EVALUATION.
(a) Administration.--Section 205(a)(2)(A) (42 U.S.C. 3016(a)(2)(A))
is amended by striking ``subparts 1, 2, and 3'' and inserting
``subparts 1 and 2''.
(b) Evaluation.--Section 206(g) (42 U.S.C. 3017(g)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (L), by striking ``311(a)'' and
inserting ``311''; and
(B) in subparagraphs (N) and (P), by striking
``331'' and inserting ``331(a)''; and
(2) in paragraph (2), by striking ``subparts 1, 2, and 3''
and inserting ``subparts 1 and 2''.
SEC. 205. REPORTS.
Section 207 (42 U.S.C. 3018) is amended--
(1) in subsection (a)--
(A) by striking paragraph (3); and
(B) by redesignating paragraphs (4) and (5) as
paragraphs (3) and (4), respectively; and
(2) in subsection (b)(3)(A), by striking ``Finance'' and
inserting ``Financing''.
SEC. 206. NUTRITION EDUCATION.
Section 214 (42 U.S.C. 3020e) is amended by striking
``307(a)(13)(J)'' and inserting ``307(a)(10)(F)''.
SEC. 207. AUTHORIZATION OF APPROPRIATIONS FOR ADMINISTRATION ON AGING.
Section 215 (42 U.S.C. 3020f) is amended to read as follows:
``SEC. 215. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated, for
carrying out the responsibilities of the Administration under this Act,
$18,149,000 for fiscal year 1998 and such sums as may be necessary for
each of fiscal years 1999 and 2000.
``(b) National Eldercare Locator Service.--Not more than $1,000,000
of the amount made available under subsection (a) for each fiscal year
shall be available for the operation of the National Eldercare Locator
Service under section 202(a)(24).''.
Subtitle B--State and Community Programs on Aging
SEC. 211. CLARIFICATION CONCERNING SERVICES TO INDIVIDUALS WHO ARE NOT
OLDER INDIVIDUALS.
(a) Technical Amendments.--
(1) Section 301(b) (42 U.S.C. 3021(b)) is amended--
(A) in paragraph (1), by striking ``(1)''; and
(B) by striking paragraph (2).
(2) Section 301(c) (42 U.S.C. 3021(c)) is amended by
striking ``307(a)(12)'' and inserting ``307(a)(9)''.
(b) Services to Individuals Who Are Not Older Individuals.--Section
301 (42 U.S.C. 3021) is amended by adding at the end the following new
subsection:
``(d)(1) Federal funds paid to States under this title, and cash
and in-kind contributions required by section 304(d)(2) as the non-
Federal share of expenditures made under this title, shall be used only
for activities and services to benefit older individuals and other
individuals as specifically provided in this title.
``(2) Neither paragraph (1) nor any other provision of this title
shall be construed to prohibit State agencies or area agencies on aging
from engaging in activities or providing services to benefit
individuals not described in paragraph (1) using cash or in-kind
contributions that are not Federal funds described in paragraph (1) and
are not cash or in-kind contributions required by section 304(d).''.
SEC. 212. AUTHORIZATION OF APPROPRIATIONS.
(a) Supportive Services and Senior Centers.--Section 303(a)(1) (42
U.S.C. 3023(a)(1)) is amended by striking all that precedes ``for the
purpose'' and inserting ``(1) There are authorized to be appropriated
$306,711,000 for fiscal year 1998 and such sums as may be necessary for
each of fiscal years 1999 and 2000,''.
(b) Congregate Nutrition Services.--Section 303(b)(1) (42 U.S.C.
3023(b)(1)) is amended by striking all that precedes ``for the
purpose'' and inserting ``(1) There are authorized to be appropriated
$375,809,000 for fiscal year 1998 and such sums as may be necessary for
each of fiscal years 1999 and 2000,''.
(c) Home-Delivered Nutrition Services.--Section 303(b)(2) (42
U.S.C. 3023(b)(2)) is amended by striking all that precedes ``for the
purpose'' and inserting ``(2) There are authorized to be appropriated
$94,065,000 for fiscal year 1998 and such sums as may be necessary for
each of fiscal years 1999 and 2000,''.
(d) Elimination of Authorization for Repealed Programs.--Section
303 (42 U.S.C. 3023) is amended--
(1) in subsection (b), by striking paragraph (3); and
(2) by striking subsections (c) through (g).
SEC. 213. ALLOTMENT.
(a) Elimination of Minimum Allotment for Supportive Activities for
Caretakers.--Section 304(a) (42 U.S.C. 3024(a)) (as amended in section
102(a)(2)) is further amended--
(1) by striking paragraph (3); and
(2) by redesignating paragraphs (4) and (5) as paragraphs
(3) and (4), respectively.
(b) Technical Amendment.--Section 304(d)(1)(B) (42 U.S.C.
3024(d)(1)(B)) is amended by striking ``307(a)(12)'' and inserting
``307(a)(9)''.
SEC. 214. ORGANIZATION.
Section 305 (42 U.S.C. 3025) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by striking ``, in accordance with
regulations of the Assistant Secretary,''; and
(ii) in subparagraph (E)--
(I) by striking ``, in accordance
with guidelines issued by the Assistant
Secretary,''; and
(II) by striking ``older
individuals who are Indians'' and
inserting ``older Indians''; and
(B) in paragraph (2)--
(i) in subparagraph (C), by striking ``in
accordance with guidelines issued by the
Assistant Secretary,'';
(ii) by redesignating subparagraphs (E)
through (G) as subparagraphs (F) through (H),
respectively;
(iii) by inserting after subparagraph (D)
the following:
``(E) include, in the publication for review and
comment required by subparagraph (C)--
``(i) a descriptive statement of the
assumptions and goals relating to the funding
formula, and the application of the definitions
of greatest economic need and greatest social
need;
``(ii) a numerical statement of the funding
formula to be used;
``(iii) a listing of the population,
economic, and social data to be used for each
planning and service area in the State; and
``(iv) a demonstration of the allocation of
funds, pursuant to the funding formula, to each
planning and service area in the State;''; and
(iv) in subparagraph (G) (as redesignated
in clause (iii))--
(I) by striking ``provide
assurances that the State agency
will''; and
(II) by striking ``307(a)(24)'' and
inserting ``307(a)(15)'';
(2) in subsection (b)--
(A) in paragraph (2), by striking ``in carrying out
the requirement'' and all that follows through
``subsection (a)(1), and'' and inserting ``, in
carrying out subsection (a)(1),''; and
(B) in paragraph (5)--
(i) in subparagraph (B), by striking
``after the date'' and all that follows through
``of 1984''; and
(ii) in subparagraph (C)(i)(III), by
striking ``services'' and inserting
``service''; and
(3) by striking subsection (d).
SEC. 215. AREA PLANS.
(a) Eligibility of Older American Indians, Older Alaskan Natives,
and Older Native Hawaiians for Services Under Area Plans.--Subparagraph
(B) of section 306(a)(11) (42 U.S.C. 3026(a)(11)) (as amended in
section 104(a)(13)) is further amended by inserting before the period
the following: ``, and will, notwithstanding any provision of this Act
restricting eligibility for services to individuals aged 60 or older,
make services under the area plan available, to the same extent as such
services are available to older individuals within the service area, to
older American Indians, older Alaskan Natives, and older Native
Hawaiians''.
(b) Coordination of Services for Individuals With Disabilities
Under Area Plans.--Section 306(a) (42 U.S.C. 3026(a)) (as amended in
section 104(a)) is further amended by adding at the end the following
new paragraph:
``(13) The plan shall provide assurances that the area
agency on aging will coordinate planning, identification,
assessment of needs, and services, for older individuals with
disabilities, with particular attention given to older
individuals with severe disabilities, with the activities of
agencies that develop or provide services for individuals with
disabilities.''.
SEC. 216. STATE OPTION FOR COST-SHARING.
(a) Area Plan Requirement.--Section 306(a) (42 U.S.C. 3026(a)) (as
amended in section 215(b)) is further amended by adding at the end the
following new paragraph:
``(14) The plan shall provide an assurance that any
requirement for cost-sharing by recipients of services under
the plan will be consistent with the provisions of the State
plan described in section 307(a)(22).''.
(b) State Plan Requirement.--Section 307(a) (42 U.S.C. 3027(a)) (as
amended in section 105) is further amended by adding at the end the
following new paragraph:
``(22) If the State elects to require cost-sharing by
recipients of services under the State plan (or to require or
permit area agencies on aging in the State to require cost-
sharing by recipients of services under area plans), the plan
shall--
``(A) provide that no cost-sharing shall be
required for--
``(i) information and assistance, outreach,
or case management services;
``(ii) ombudsman or other protective
services; or
``(iii) congregate or home-delivered
nutrition services; and
``(B)(i) exempt from the cost-sharing requirements
individuals with incomes below a low-income threshold
set by the State; and
``(ii) set cost-sharing rates for individuals with
incomes above such threshold on a sliding-fee scale
based on income.''.
SEC. 217. STATE PLANS.
(a) State Option Concerning Consumer-Directed Services.--Section
307(a) (42 U.S.C. 3027(a)) (as amended in section 216(b)) is further
amended by adding at the end the following new paragraph:
``(23) The plan shall specify--
``(A) whether the State elects to permit area
agencies on aging--
``(i) to provide services under this title
or title VII to older individuals through
direct contracts with the individuals
delivering such services; or
``(ii) to provide vouchers or cash to older
individuals to permit such older individuals to
contract with individuals or entities for the
delivery of such services; and
``(B) if the State elects to permit area agencies
on aging to provide services under this title or title
VII through an arrangement described in subparagraph
(A)--
``(i) which supportive services or
nutrition services may be provided through such
an arrangement;
``(ii) the qualifications and other
requirements that shall be met by individuals
and entities providing services under such an
arrangement;
``(iii) the conditions (if any) under which
services may be provided to an older individual
by a family member under such an arrangement;
and
``(iv) if the arrangement is an arrangement
specified in subparagraph (A)(ii), the
requirements (if any) for setting payment rates
or amounts for services provided through such
an arrangement.''.
(b) Conforming Amendment.--Section 307(b) (42 U.S.C. 3027(b)) is
amended--
(1) in paragraph (1), by striking ``(1)''; and
(2) by striking paragraph (2) (relating to a waiver of
maintenance of effort for rural areas).
SEC. 218. TRANSFER OF FUNDS BETWEEN PROGRAMS.
Section 308(b) (42 U.S.C. 3028(b)) is amended--
(1) in paragraphs (1)(A) and (2)(A), by striking ``clause
(ii)'' and inserting ``subparagraph (B)'';
(2) in paragraph (4)--
(A) by striking ``(A)'' after ``(4)'';
(B) by striking ``and except as provided in
subparagraph (B)'';
(C) by striking ``307(a)(13)'' and inserting
``307(a)(10)''; and
(D) by striking subparagraph (B) (relating to the
discretion of the Assistant Secretary to permit a State
to transfer additional amounts between congregate and
home-delivered nutrition service programs);
(3) by striking paragraph (5) (relating to the authority of
a State to transfer funds between nutrition service and other
programs), and inserting the following:
``(5) Of the funds received by a State for a fiscal year from funds
appropriated under subsection (a)(1), or under paragraphs (1) and (2)
of subsection (b), of section 303, the State may elect to transfer not
more than 20 percent between programs carried out under part B and
programs carried out under part C, for use as the State considers
appropriate.''; and
(4) in paragraphs (6) and (7)--
(A) by striking ``(4)(A)'' each place it appears
and inserting ``(4)''; and
(B) by striking ``(5)(A)'' each place it appears
and inserting ``(5)''.
SEC. 219. AVAILABILITY OF DISASTER RELIEF FUNDS TO ORGANIZATIONS.
Section 310 (42 U.S.C. 3030) is amended--
(1) in subsection (a)(1)--
(A) by inserting ``(or to any organization
receiving a grant under title VI)'' after ``any
State''; and
(B) by inserting ``(or for funds used by the
organization)'' before ``for the delivery of supportive
services'';
(2) in subsection (a)(2), by inserting ``and
organizations'' after ``States'';
(3) in subsection (a)(3), by inserting ``or organization''
after ``State'' each place it appears; and
(4) in subsections (b)(1) and (c), by inserting ``and
organizations'' after ``States'' each place it appears.
SEC. 220. NUTRITION SERVICES INCENTIVE PROGRAM.
Section 311 (42 U.S.C. 3030a) is amended to read as follows:
``SEC. 311. NUTRITION SERVICES INCENTIVE PROGRAM.
``(a) Purpose.--The purpose of the program carried out under this
section is to provide incentives to encourage and reward effective
performance by States and organizations in the efficient delivery of
nutritious meals to older individuals.
``(b) Assistance.--The Secretary of Agriculture shall provide
assistance under this section--
``(1) to States, to enable the States to provide meals
under plans approved under this title; and
``(2) to organizations, to enable the organizations to
provide meals under applications approved under title VI.
``(c) States.--
``(1) Request.--Each State that seeks assistance under this
section for a fiscal year shall request--
``(A) a payment made under paragraph (2);
``(B) commodities distributed under paragraph (3);
or
``(C)(i) a percentage of the assistance through
such a payment; and
``(ii) the remainder of the assistance through such
commodities.
``(2) Payments.--
``(A) Funding.--The Secretary of Agriculture shall
allot, in accordance with subparagraph (B), a sum equal
to 97 percent of the amount appropriated for a fiscal
year under subsection (f) to State agencies that--
``(i) request assistance described in
subparagraph (A) or (C)(i) of paragraph (1) for
the fiscal year; and
``(ii) have plans approved under this title
for the fiscal year.
``(B) Allotment and payment.--The Secretary of
Agriculture shall allot and pay for the fiscal year, to
each State agency described in subparagraph (A), an
amount that bears the same ratio to the sum described
in subparagraph (A) as the number of meals served in
the State, under a plan approved under this title for
the preceding fiscal year, bears to the total number of meals served in
all States under all such plans approved for the preceding fiscal year.
``(C) Determination.--For purposes of subparagraph
(B), if a State requests assistance described in
paragraph (1)(C)(i) for a fiscal year, the number of
meals served in the State for the preceding fiscal year
shall be considered to be the product of--
``(i) the number of the meals; and
``(ii) the percentage described in
paragraph (1)(C)(i).
``(3) Commodities.--
``(A) Eligible agencies.--The Secretary of
Agriculture shall make commodities available under this
subsection to State agencies that--
``(i) request commodities described in
subparagraph (B) or (C)(ii) of paragraph (1)
for the fiscal year; and
``(ii) have plans approved under this title
for the fiscal year.
``(B) Distribution.--The Secretary of Agriculture
shall distribute commodities to State agencies
described in subparagraph (A), through authorities
including section 32 of the Act entitled ``An Act to
amend the Agricultural Adjustment Act, and for other
purposes'', approved August 24, 1935 (7 U.S.C. 612c),
section 416 of the Agricultural Act of 1949 (7 U.S.C.
1431), and section 709 of the Food and Agriculture Act
of 1965 (7 U.S.C. 1446a-1). The Secretary of
Agriculture shall distribute sufficient commodities to
a State agency under this paragraph to enable the State
agency to carry out the plan described in subparagraph
(A)(ii), taking into account any payment made to the
State under paragraph (2).
``(d) Payments to Organizations.--
``(1) Funding.--The Secretary of Agriculture shall allot,
in accordance with paragraph (2), a sum equal to 3 percent of
the amount appropriated for a fiscal year under subsection (f)
to organizations that have applications approved under title VI
for the fiscal year.
``(2) Allotment and payment.--The Secretary of Agriculture
shall allot and pay for the fiscal year, to each organization
described in paragraph (1), an amount that bears the same ratio
to the sum described in paragraph (1) as the number of meals
served by the organization, under an application approved under
title VI for the preceding fiscal year, bears to the total
number of meals served by all such organizations under all such
applications approved for the preceding fiscal year.
``(e) Reports.--Each State or organization that seeks assistance
under this section for a fiscal year shall submit, in the reports
required by section 307(a)(6), 614(a)(3), or 624(a)(4), as appropriate,
information on the number of meals served in the State under a plan
approved under this title, or by the organization under an application
approved under title VI, for the preceding fiscal year.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $151,250,000 for fiscal year
1998 and such sums as may be necessary for each of fiscal years 1999
and 2000.''.
SEC. 221. WAIVERS OF CERTAIN REQUIREMENTS FOR STATE PROGRAMS.
Part A of title III (42 U.S.C. 3021 et seq.) is amended by adding
at the end the following new section:
``SEC. 315. WAIVERS.
``(a) In General.--The Assistant Secretary may waive any of the
requirements specified in subsection (b) with respect to a State, on
submission of an application by the State agency containing or
accompanied by documentation sufficient to establish, to the
satisfaction of the Assistant Secretary, that--
``(1) approval of the State legislature has been obtained
or is not required;
``(2) the State agency has consulted with area agencies on
aging with respect to the proposal for which the waiver is
sought;
``(3) such proposal has been made available for public
review and comment within the State (and a summary of the
comment received is submitted with the application); and
``(4)(A) the State agency has given adequate consideration
to the probable positive and negative consequences of approval
of the application; and
``(B)(i) the probable benefits for older individuals can
reasonably be expected to outweigh any such negative
consequences; or
``(ii) particular circumstances in the State otherwise
justify the waiver.
``(b) Requirements Subject to Waiver.--The requirements of this
title that may be waived under this section are--
``(1) any provisions of sections 305, 306, and 307
requiring statewide uniformity of programs under this title (to
the extent necessary to permit a demonstration, in a limited
area of a State, of an innovative approach to assist older
individuals);
``(2) any area plan requirement under section 306(a);
``(3) any State plan requirement under section 307(a);
``(4) any restriction, under paragraph (4) or (5) of
section 308(b), on the amount that may be transferred between
programs carried out under part B and programs carried out
under part C, or between programs carried out under subpart 1,
and programs carried out under subpart 2, of part C; and
``(5) all or any part of the reduction in allotment
required under section 309(c) with respect to a State that
reduces expenditures under the State plan of the State (but
only to the extent that the non-Federal share of expenditures
under this title is not reduced below any minimum specified in
section 304(d) or any other provision of this title).''.
SEC. 222. CONSOLIDATION OF AUTHORITIES FOR SUPPORTIVE SERVICES AND
SENIOR CENTERS.
(a) Community-Based Care and Services.--Section 321(a)(5) (42
U.S.C. 3030d(a)(5)) is amended by striking ``including'' and all that
follows and inserting ``including--
``(A) client assessment, case management services,
and development and coordination of community services;
``(B) in-home services for frail older individuals
(including supportive services for individuals with
Alzheimer's disease or related disorders and with
neurological or organic brain dysfunction) and for the
families of such frail older individuals;
``(C) supportive activities to meet the special
needs of caregivers, including caretakers who provide
in-home services to frail older individuals; and
``(D) in-home services and other community
services, including home health, homemaker, shopping,
escort, reader, and letter writing services, to assist
older individuals to live independently in a home
environment;''.
(b) Disease Prevention and Health Promotion.--Section 321(a)(8) (42
U.S.C. 3030d(a)(8)) is amended by inserting ``disease prevention and
health promotion services and provision of information regarding such
services, including'' after ``(8)''.
(c) Technical Amendment.--Section 321(a)(15) (42 U.S.C.
3030d(a)(15)) is amended by striking ``307(a)(16)'' and inserting
``307(c)(12)''.
(d) General Authority.--Section 321(a)(22) (42 U.S.C. 3030d(a)(22))
is amended by inserting ``necessary for the general welfare of older
individuals'' after ``any other services''.
SEC. 223. CONSOLIDATION OF AUTHORITIES FOR NUTRITION SERVICES.
(a) School-Based Meals as Congregate Nutrition Services.--
(1) In general.--Section 331 (42 U.S.C. 3030e) is amended
by striking all that precedes ``Assistant Secretary'' and
inserting the following:
``SEC. 331. PROGRAM AUTHORIZED.
``(a) In General.--The''.
(2) School-based meals and multigenerational programs.--
(A) Amendment.--Section 338 (42 U.S.C. 3030g-11) is
amended--
(i) by striking subsection (b); and
(ii) in the matter preceding paragraph (1)
of subsection (a), by striking all that
precedes ``projects'' and inserting the
following:
``(b) School-Based Meals and Multigenerational Programs.--The State
may include, in projects carried out under this section,''.
(B) Placement.--Title III is amended by moving
subsection (b) of section 338 (as designated in
subparagraph (A)) to the end of section 331.
(b) Repeal of Superseded Authority.--Part C of title III is amended
by repealing subpart 3 (42 U.S.C. 3030g-11 et seq.) (other than section
342 (42 U.S.C. 3030i)) and redesignating subpart 4 (42 U.S.C. 3030g-21
et seq.) as subpart 3.
(c) Elimination of Maintenance of Effort.--Section 339A (42 U.S.C.
3030g-22) is repealed.
SEC. 224. REPEAL OF SUPERSEDED AUTHORITIES.
Parts D (relating to in-home services for frail older individuals),
E (relating to additional assistance for special needs of older
individuals), F (relating to disease prevention and health promotion
services) (other than section 363 (42 U.S.C. 3030o)), and G (relating
to supportive activities for caretakers who provide in-home services to
frail older individuals) of title III (42 U.S.C. 3030h et seq., 3030l,
3030m et seq., and 3030p et seq.) are repealed.
Subtitle C--Research, Development, and Demonstrations
SEC. 231. REVISION OF TITLE IV.
The Act is amended by striking title IV (42 U.S.C. 3030aa et seq.)
and inserting the following:
``TITLE IV--TRAINING, RESEARCH, AND DISCRETIONARY PROJECTS AND PROGRAMS
``SEC. 401. PURPOSES.
``(a) In General.--The purposes of this title are--
``(1) to expand the knowledge and understanding of the
Nation regarding aging and the aging process;
``(2) to design, test, and promote utilization of
innovative ideas and best practices in programs and services
for older individuals;
``(3) to help meet the needs for trained personnel in
fields related to aging;
``(4) to increase the awareness of individuals of all ages
of the need to assume personal responsibility for their aging;
and
``(5) to achieve the purposes described in paragraphs (1)
through (4) through--
``(A) education and training to develop an
adequately trained workforce to work with and on behalf
of older individuals;
``(B) research and policy analysis to improve
access to and delivery of programs and services
provided under this Act;
``(C) development of methods and practices to
improve the quality and effectiveness of programs and
services provided under this Act;
``(D) demonstration of new approaches to the
design, delivery, and coordination of programs and
services provided under this Act;
``(E) provision of technical assistance on the
planning, development, implementation, evaluation, and
improvement of programs and services under this Act;
and
``(F) dissemination of information on aging issues,
impact of the issues on individuals and society, and
programs and services benefiting older individuals.
``(b) Activities Given Special Attention.--The purposes of this
title include supporting activities under this title to fulfill the
objectives for older individuals specified in section 101, with special
attention given to--
``(1) the service and advocacy objectives expressed in
subparagraphs (A), (B), (C), and (D) of section 301(a)(1) and
in section 601; and
``(2) the special population groups identified as
vulnerable or at risk in this Act.
``Subtitle A--Education and Training
``SEC. 411. PURPOSE.
``The purpose of this subtitle is to improve the quality of
services provided by, and to help meet critical shortages of adequately
trained personnel for, programs in fields related to aging by
supporting activities, including--
``(1) identifying workforce training and development needs
in the fields related to aging;
``(2) developing a broad range of educational and training
programs and activities for professionals, paraprofessionals,
administrators, technicians, and service workers;
``(3) encouraging recruitment, training, and placement of
minority trainees in key positions within agencies and
organizations that provide services related to aging;
``(4) improving academic gerontology training and education
programs to make the programs more responsive to changing
requirements;
``(5) increasing the capacity of planning and service
organizations that provide services related to aging in order
to improve the performance of the staff of such organization
and other providers of such services through training and other
developmental activities; and
``(6) improving the knowledge and skills of teachers,
instructors, trainers, guidance counselors, and other personnel
development staff concerning aging concepts and workforce
opportunities and practices.
``SEC. 412. GRANTS AND CONTRACTS.
``(a) In General.--The Assistant Secretary may make grants to and
enter into contracts with public or nonprofit private agencies,
organizations, institutions, and individuals, to support activities
that achieve the purposes of this subtitle, including--
``(1) development and improvement of multidisciplinary
education and training programs (including expansion and
improvement of curricula, instructional methods and materials,
faculty and teacher development, and program administration) in
academic institutions and other educational organizations, that
prepare individuals for employment in programs and occupations
serving older individuals;
``(2) development and improvement of continuing education
and in-service training opportunities for individuals working
in fields related to aging, including the personnel of State
offices, area agencies on aging, senior centers, nutrition,
counseling, ombudsman, and adult protective services, and legal
assistance programs; and
``(3) development of curriculum and guidance materials for
students in secondary or vocational schools to encourage the
students to pursue employment and careers in fields related to
aging.
``(b) Projects Given Special Consideration.--To achieve the
purposes of this title, the Assistant Secretary shall give special
consideration to the support of projects that--
``(1) improve opportunities for career training activities
to ensure an adequate and competent workforce in fields related
to aging;
``(2) increase the capacity of State agencies, area
agencies on aging, and nonprofit service organizations, to
provide short-term in-service training to staff and volunteers;
``(3) develop leadership knowledge and skills of managers
and administrators of organizations and agencies that,
collectively, plan, advocate, and provide services to older
individuals, through workshops, seminars, and training
institutes;
``(4) provide in-service training opportunities for program
directors and providers of services to older American Indians,
older Alaskan Natives, and older Native Hawaiians under title
VI through grants to organizations with applications approved
under title VI; and
``(5) improve the training and preparation of the workforce
(including professionals, paraprofessionals, and volunteers)
providing home and community services for older individuals
with physical or cognitive disabilities or mental health
disorders.
``Subtitle B--Research, Development, and Demonstrations
``SEC. 421. PURPOSE.
``The purpose of this subtitle is to improve the quality and
efficiency of programs serving older individuals through research and
development projects, and demonstration projects, designed to--
``(1) conduct research and policy analysis to--
``(A) develop and synthesize knowledge about aging
programs, practices, and policies from
multidisciplinary perspectives; and
``(B) assess the effectiveness of services and
practices designed to improve access to and delivery of
service programs; and
``(2) develop, test, and evaluate innovative planning,
advocacy, and service practices and programs.
``SEC. 422. RESEARCH AND DEVELOPMENT PROJECTS.
``(a) In General.--The Assistant Secretary may make grants to and
enter into contracts with public or nonprofit private agencies,
organizations, institutions, and individuals, to support research or
policy analysis related to the purpose of this subtitle, including
development of practices, assessment instruments, and applications
involving--
``(1) use of technology for planning and delivery of
services; and
``(2) use of interactive communication systems and
assistive devices to maintain or increase the independence of
older individuals.
``(b) Consultation and Collaboration With Other Federal Agencies.--
The Assistant Secretary may consult with, and may enter into formal
agreements with, other Federal agencies to support aging research and
development activities, including agreements involving interagency
transfer of funds to support collaborative research activities
consistent with the conditions specified in section 451(b).
``SEC. 423. DEMONSTRATION PROJECTS.
``(a) In General.--The Assistant Secretary may make grants to and
enter into contracts with public or nonprofit private agencies and
organizations, to design, test, and demonstrate new approaches to
planning and delivery of supportive services, nutrition services, and
other activities to maintain or increase the independence and improve
the quality of life of older individuals.
``(b) Projects Given Priority Consideration.--The Assistant
Secretary shall give priority consideration to funding any of the
following projects under this section:
``(1) Projects for planning, development, and
implementation of new approaches to delivery of home and
community-based supportive services for older individuals with
disabilities that limit the ability of such individuals to
perform activities of daily living, including projects
involving the coordination and integration of such services
with services for individuals with similar disabilities who are
not older individuals, and including approaches that--
``(A) promote individual choice in the selection of
services;
``(B) eliminate access barriers to services for
populations with the greatest economic need or the
greatest social need;
``(C) reduce or eliminate duplication and
fragmentation of services;
``(D) strengthen the quality, efficiency, and cost-
effectiveness of nonprofit service providers;
``(E) improve the quality and effectiveness of
personnel of public and private entities involved in
service delivery; and
``(F) develop cooperative relationships with
private entities to increase the effective use of
available public and private resources.
``(2) Projects for planning, development, implementation,
and evaluation of comprehensive community, State, and tribal
models that are designed to prevent crime, violence, and abuse
against older individuals and that include--
``(A) public education on such prevention for older
individuals;
``(B) supportive services for older individuals who
have been victimized;
``(C) improvements in information and data
reporting systems;
``(D) coordination of public and private sector
services and resources; and
``(E) in-service and cross-service training of
personnel concerning criminal justice, health, mental
health, and law enforcement fields, social and
protective services, and aging and advocacy service
systems.
``(c) Additional Projects.--The Assistant Secretary may support
under this section any project designed to achieve the purposes of this
subtitle, including the following:
``(1) Projects to assist older individuals who are at risk
of losing their ability to live independently without
assistance in accomplishing activities of daily living,
including older individuals who, collectively, are disabled by
Alzheimer's disease or related disorders, physical
disabilities, mental illnesses, emotional stress, and
developmental disabilities, through comprehensive State and
community model programs providing supportive services to such
at-risk older individuals and their families and caregivers,
including--
``(A) in-home health care;
``(B) social and medical adult day-care;
``(C) assistance provided by homemaker aides and
personal care attendants;
``(D) transportation to and from community health,
mental health, and social service facilities;
``(E) respite care, caregiver education, training,
and counseling and other supportive services, for
primary caregivers of persons who, collectively, are
disabled by Alzheimer's disease or related disorders,
physical and developmental disabilities, and other
serious functional impairments; and
``(F) information and referral, outreach,
counseling, and other services to increase access of
such older individuals to appropriate medical,
nutritional, and supportive services.
``(2) Projects addressing the special housing needs of
older individuals through activities including--
``(A) developing programs to enable or assist older
individuals who are homeowners--
``(i) to maintain their residences through
repairs or renovations; and
``(ii) to increase their physical safety
through structural modifications to,
alterations of, and installation of security
devices for, their residences;
``(B) studying and demonstrating methods of
adapting existing housing, or constructing new housing,
to meet the needs of older individuals with functional
impairments;
``(C) coordinating counseling services for older
individuals with counseling services available to
residents of Federal- and State-assisted housing
facilities with high concentrations of older
individuals who are residents of such facilities; and
``(D) developing information, counseling, and
referral programs for older individuals who are renters
or homeowners on housing options, including
information, counseling, and referral programs relating
to--
``(i) eligibility requirements;
``(ii) application processes;
``(iii) financing; and
``(iv) legal rights and responsibilities of
tenancy and restricted ownership, including
rights and responsibilities related to
foreclosure and eviction.
``(3) Projects to provide education and training to older
individuals, designed to enable the older individuals to lead
more productive lives through development and demonstration
of--
``(A) literacy programs for older individuals,
including programs that use peer tutoring;
``(B) pre-retirement counseling and education
programs; and
``(C) occupational training and employment
placement and counseling activities for older
individuals, that are not supported under title V or
through programs administered by the Department of
Labor.
``(4) Projects to improve and develop transportation
systems that--
``(A) increase access of older individuals,
especially low-income older individuals and older
individuals living in rural areas, to community
services essential to independent living;
``(B) provide low-cost commuter transportation for
in-home personal care aides serving functionally
impaired older individuals in under-served public
transit areas; and
``(C) provide assisted transportation services for
frail or disabled older individuals.
``(5) Projects, developed in conjunction with the
Corporation for National and Community Service, to develop--
``(A) innovative opportunities for older
individuals who are volunteers to fulfill community
needs that are not being met by programs (including
volunteer programs) in existence on the date of such
development, including opportunities to provide--
``(i) multigenerational services addressing
the needs of youth and children; and
``(ii) peer support and home and community
services to other older individuals who have
functional impairments or are otherwise at risk
of losing their ability to live independently;
and
``(B) innovative multigenerational volunteer
programs affording opportunities for children, youth,
and adults to serve unmet needs of functionally
impaired older individuals regardless of their living
situation.
``(6) Projects to demonstrate effective home and community
rehabilitative, health and mental health promotion, and disease
prevention activities for older individuals who are at risk of
losing their ability to live independently.
``(7) Projects to develop innovative approaches to consumer
protection for older individuals in home or community settings,
addressing consumer rights and protections relating to--
``(A) automobile, health, life, and other insurance
policies;
``(B) mortgages and leases (and similar property
and housing rights); and
``(C) personal loans and other financial
transactions.
``Subtitle C--Centers
``SEC. 431. PURPOSE.
``The purpose of this subtitle is to improve the quality of
services available to older individuals through multifunction,
multidisciplinary centers and other multifaceted activities, which may
be used as resources for planners, administrators, policymakers, and
providers in fields related to aging.
``SEC. 432. GRANTS AND CONTRACTS.
``(a) National Centers Providing Support to Administrators of Grant
Programs.--
``(1) In general.--The Assistant Secretary may make grants
to and enter into contracts with public or nonprofit private
agencies and organizations, for the purpose of operating
national centers serving primarily as informational resources
to State agencies and area agencies on aging administering
programs under titles III and VII, organizations administering
programs under title VI, and providers of services under any
program described in this paragraph.
``(2) Functions of centers.--A center funded under this
subsection shall focus on selected subject matter areas
(including all policy and program issues, such as development,
delivery, financing, and coordination of services, concerning
such subject matter areas) relating to programs under titles
III, VI, and VII, and may focus on program areas such as any of
the following:
``(A) Comprehensive home and community-based
services, including long-term care services, intended
to enable functionally impaired older individuals to
remain in their homes and communities.
``(B) Nutrition services, including provision of
congregate and home-delivered meals, development of
dietary standards, and related matters.
``(C) Information and referral services.
``(D) Services for older American Indians, older
Alaskan Natives, or older Native Hawaiians, including
older individuals living in tribal areas and older
individuals living in nontribal areas.
``(E) Legal assistance.
``(3) National ombudsman and elder abuse centers.--Funds
available to carry out this subsection may be used, to the
extent the Assistant Secretary finds such use to be necessary,
to support the activities of the National Ombudsman Resource
Center established under section 202(a)(21) and the activities
of the National Center on Elder Abuse established under section
202(d).
``(b) National Education and Training Centers.--
``(1) In general.--The Assistant Secretary may make grants
to and enter into contracts with public or nonprofit private
agencies and organizations for the purpose of operating
national centers to encourage leadership and improve education,
training, and employment practices for the workforce needed to
plan, administer, and provide services under this Act, and to
promote policy discussion and development to prepare the Nation
for the increased and changing demands of the aging population
of the Nation.
``(2) Functions of centers.--Centers funded under this
subsection may include--
``(A) multidisciplinary academic centers of
gerontology that conduct applied research, education,
and training, and provide technical assistance and
dissemination activities, with special attention given
to human resource and development issues affecting
special population groups; and
``(B) a national leadership institute on aging that
develops and conducts training activities for executive
managers and senior officials of government and
nonprofit agencies, voluntary groups, professional
associations, and other organizations responsible for
planning, financing, and providing programs and
services for older individuals.
``(c) Multifaceted Policy Centers.--
``(1) In general.--In addition to the grants and contracts
authorized under subsections (a) and (b), the Assistant
Secretary may make grants to and enter into contracts with
public or nonprofit private agencies and organizations, for
research, policy analysis, technical assistance, information
dissemination, or training activities, as appropriate in areas
of broad national interest (including areas involving social,
economic, health, mental health, or environmental issues)
affecting older individuals.
``(2) Issues addressed.--A recipient of a grant or contract
under this subsection may use funds made available through the
grant or contract to address issues including--
``(A) broad societal objectives described in
section 101, including issues related to
transportation, housing, employment, income security,
public safety, health, or mental health; and
``(B) concerns of special population groups of
older individuals, including low-income older
individuals, older individuals who are women, older
individuals residing in rural areas, minority older
individuals, and older individuals with disabilities.
``SEC. 433. FUNCTIONS OF GRANT AND CONTRACT RECIPIENTS; ADVISORY
BOARDS.
``(a) Functions.--In operating a Center, or carrying out
activities, described in section 432, a recipient of a grant or
contract under this subtitle shall, as appropriate--
``(1) evaluate, analyze, and report on the policies and
practices of programs for older individuals to assess the
effectiveness of the policies and practices in meeting the
needs and improving the quality of life of older individuals
and their families and caregivers;
``(2) compile, select, and make available research,
evaluation, and demonstration project findings that provide
useful guidance in determining the needs of older individuals
and improving practices in fields related to aging;
``(3) develop strategies and models to improve the quality,
efficiency, and effectiveness of service programs and
activities for older individuals;
``(4) develop technical assistance and training materials
and participate in workshops, conferences, and events that
promote the transfer of useful information and practices
concerning older individuals;
``(5) sponsor activities that enhance the education and
training of a competent workforce in fields related to aging;
``(6) assist other recipients of grants or contracts who
are conducting demonstration or pilot projects under this Act,
by providing documentation, assessment, and other assistance in
the planning and implementation of such demonstration or pilot
projects; and
``(7) conduct information dissemination activities in
coordination with such activities of the National Aging
Information Center established in section 202(e).
``(b) Advisory Boards.--Each center supported by a grant made or
contract entered into under this subtitle shall establish an advisory
board that--
``(1) shall provide policy guidance with respect to the
planning and conduct of activities under such grant or
contract; and
``(2) whose members shall include representatives of--
``(A) State agencies and area agencies on aging;
``(B) appropriate national, State, and local
service organizations; and
``(C) other groups, as appropriate.
``Subtitle D--Information Dissemination and Related Activities
``SEC. 441. PURPOSE.
``(a) In General.--The purpose of this subtitle is to improve the
quality, efficiency, availability, and accessibility of services for
older individuals through support of information dissemination and
utilization activities that--
``(1) collect, preserve, and disseminate, publish, or
otherwise make available, relevant materials concerning matters
such as research and demonstration findings, and training and
technical assistance materials;
``(2) synthesize, publish, and disseminate information
concerning completed projects carried out under this title that
are of demonstrated value, including information relating to--
``(A) technical assistance and training in the
implementation and adaptation of methods used in such
projects; and
``(B) the development of additional materials that
increase the awareness and acceptance of the results of
such projects;
``(3) locate, publicize, and make available practical self-
help information for older individuals and their families and
encourage the development of appropriate public education
activities;
``(4) support conferences, forums, and other meetings
designed to identify, disseminate, and promote utilization of
research findings, policy practices, and best practices; and
``(5) provide technical assistance to recipients of grants
or contracts that receive support under this title and other
recipients of support under this Act on the design,
development, and promotion of products and information
materials.
``(b) Coordination With Other Information Sources.--Such recipients
of grants or contracts will coordinate activities supported under this
subtitle with the information dissemination activities of centers
authorized under subtitle C and other Federal information
clearinghouses and document repositories.
``SEC. 442. GRANTS AND CONTRACTS.
``The Assistant Secretary may make grants to and enter into
contracts with public or nonprofit private agencies and organizations
for activities to carry out the purpose of this subtitle, including--
``(1) activities of the National Aging Information Center
established under section 202(e);
``(2) sponsorship and co-sponsorship with other Federal
agencies and other public and private organizations of national
and regional conferences and other meetings in which the
participants disseminate project findings and information
related to issues and concerns affecting the well-being of
older individuals; and
``(3) establishment and administration of a National
Academy on Aging to serve as a forum for policy analysis and
debate on current and emerging issues affecting the well-being
of older individuals and for informing policy officials and the
public about such issues.
``Subtitle E--General Provisions
``SEC. 451. AUTHORIZATION OF APPROPRIATIONS.
``(a) Authorization.--There are authorized to be appropriated to
carry out this title $44,384,000 for fiscal year 1998, and such sums as
may be necessary for each of fiscal years 1999 and 2000.
``(b) Restrictions.--No funds appropriated under this title--
``(1) may be transferred to any office or other authority
of the Federal Government that is not directly responsible to
the Assistant Secretary, unless the funds are used for purposes
authorized under this title in accordance with conditions
specified by a formal interagency agreement with the other
office or authority;
``(2) may be used for any program or activity that is not
specifically authorized by this title (except as specifically
authorized by this Act); or
``(3) may be combined with funds appropriated under any
other Act if the purpose of combining funds is to make a single
discretionary grant or a single discretionary payment, unless
such funds appropriated under this title are separately
identified in such grant or payment and are used for the
purposes of this title.
``SEC. 452. PAYMENTS OF GRANTS.
``(a) Contributions by Recipients of Grants or Contracts.--To the
extent the Assistant Secretary determines to be appropriate, the
Assistant Secretary shall require the recipient of any grant or
contract under this title to contribute money, facilities, or services
for carrying out the project for which such grant or contract is made.
``(b) Method of Payment.--Payments made under this title pursuant
to a grant or contract may be made (after necessary adjustment, in the
case of grants, on account of previously made overpayments or
underpayments) in advance or by way of reimbursement, and in such
installments and on such conditions, as the Assistant Secretary may
determine to be appropriate.
``SEC. 453. ADMINISTRATION.
``(a) Administration on Aging.--In order to carry out the
provisions of this title effectively, the Assistant Secretary shall
administer this title through the Administration.
``(b) Assistance From Other Agencies.--In carrying out this title,
the Assistant Secretary may request the technical assistance and
cooperation of such other agencies and departments of the Federal
Government as may be appropriate.
``(c) Outreach to Applicants.--In writing proposal solicitations
for grants made under this title and requests for proposals for
contracts made under this title, the Assistant Secretary shall
encourage the submission of applications from agencies, organizations,
and institutions, that represent minorities.
``(d) Consultation.--In developing priorities, consistent with the
requirements of this title, for making grants and entering into
contracts under this title, the Assistant Secretary shall, consult with
State agencies, area agencies on aging, recipients of financial
assistance under title VI, institutions of higher education,
organizations representing beneficiaries of services under this Act,
and other organizations and individuals with expertise on aging issues.
``(e) Evaluations and Reports.--The Assistant Secretary shall
ensure that recipients of grants and contracts under this title--
``(1) conduct evaluations and prepare reports indicating
the benefit of the activities carried out under the grants and
contracts to older individuals and to programs carried out
under this Act; and
``(2) comply with the requirements under this Act.
``(f) Report to Congress.--The Assistant Secretary shall prepare
and submit, to the Speaker of the House of Representatives and the
President pro tempore of the Senate, a report for each fiscal year that
describes activities for which funds were provided under this title and
that includes--
``(1) an abstract describing the purpose and activities of
each grant or contract awarded or continued for such year;
``(2) the name and address of the recipient of the grant or
contract;
``(3) the name and affiliation of the project director of
the project carried out under the grant or contract;
``(4) the period of project performance; and
``(5) the amount of Federal funds awarded for the project
in the fiscal year for which the report is made.
``(g) External Review.--The Assistant Secretary shall establish by
regulation and implement an external review process to evaluate
applications for grants made and contracts entered into under this
title.''.
Subtitle D--Community Service Employment for Older Americans
SEC. 241. PHASED REDUCTION OF FEDERAL SHARE.
Section 502(c) (42 U.S.C. 3056(c)) is amended--
(1) in paragraph (1), by striking ``90 percent'' and
inserting ``the Federal share, as specified in paragraph
(2),'';
(2) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(3) by inserting after paragraph (1) the following new
paragraph:
``(2) The Federal share, for purposes of this subsection, shall
be--
``(A) 90 percent for fiscal year 1998;
``(B) 89 percent for fiscal year 1999;
``(C) 87.5 percent for fiscal year 2000;
``(D) 86.5 percent for fiscal year 2001; and
``(E) 84 percent for fiscal year 2002 and each succeeding
fiscal year.''.
SEC. 242. AUTHORIZATION OF APPROPRIATIONS.
Section 508(a) (42 U.S.C. 3056f(a)) is amended to read as follows:
``(a) There are authorized to be appropriated to carry out this
title such sums as may be necessary for each of fiscal years 1998,
1999, and 2000.''.
Subtitle E--Grants for Native Americans
SEC. 251. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Terminology.--
(1) Section 602 (42 U.S.C. 3057a) is amended by striking
``that older'' and all that follows through ``Native
Hawaiians'' and inserting ``that older American Indians, older
Alaskan Natives, and older Native Hawaiians''.
(2) Sections 611, 613, and 614(a) (42 U.S.C. 3057b, 3057d,
and 3057e(a)) are amended by striking ``older individuals who
are Indians'' each place it appears and inserting ``older
Indians''.
(b) Technical Amendment.--Section 611 (42 U.S.C. 3057b) is amended
by striking ``(a)''.
(c) Conforming Amendment.--Section 614(a) (42 U.S.C. 3057e(a)) is
amended--
(1) by striking paragraph (9); and
(2) by redesignating paragraphs (10) through (12) as
paragraphs (9) through (11), respectively.
SEC. 252. AUTHORIZATION OF APPROPRIATIONS.
Section 633(a) (42 U.S.C. 3057n(a)) is amended by striking all that
precedes ``to carry out this title'' and inserting ``(a) There are
authorized to be appropriated $18,402,000 for fiscal year 1998, and
such sums as may be necessary for each of fiscal years 1999 and
2000,''.
Subtitle F--Vulnerable Elder Rights Protection
SEC. 261. AUTHORIZATION OF APPROPRIATIONS.
(a) Ombudsman Program.--Section 702(a) (42 U.S.C. 3058a(a)) is
amended by striking all that follows ``chapter 2,'' and inserting
``$4,449,000 for fiscal year 1998, and such sums as may be necessary
for each of fiscal years 1999 and 2000.''.
(b) Prevention of Elder Abuse, Neglect, and Exploitation.--Section
702(b) (42 U.S.C. 3058a(b)) is amended by striking all that follows
``chapter 3,'' and inserting ``$6,232,000 for fiscal year 1998, and
such sums as may be necessary for each of fiscal years 1999 and
2000.''.
(c) State Elder Rights and Legal Assistance Development Program.--
Section 702(c) (42 U.S.C. 3058a(c)) is amended by striking all that
follows ``chapter 4,'' and inserting ``such sums as may be necessary
for each of fiscal years 1998, 1999, and 2000.''.
(d) Outreach, Counseling, and Assistance Program.--Section 702(d)
(42 U.S.C. 3058a(d)) is amended by striking all that follows ``chapter
5,'' and inserting ``$1,976,000 for fiscal year 1998, and such sums as
may be necessary for each of fiscal years 1999 and 2000.''.
SEC. 262. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Repeal of Inconsistent Provision.--Section 705(a) (42 U.S.C.
3058d(a)) is amended--
(1) in paragraph (6)(C)(iii), by adding ``and'' after the
semicolon;
(2) by striking paragraph (7);
(3) by redesignating paragraph (8) as paragraph (7); and
(4) in paragraph (7) (as redesignated in paragraph (3)), by
striking ``through (7)'' and inserting ``through (6)''.
(b) Technical Amendments.--
(1) Section 712(a)(5)(B)(i) (42 U.S.C. 3058g(a)(5)(B)(i))
is amended by inserting a comma after ``welfare''.
(2) Section 731(b)(4) (42 U.S.C. 3058j(b)(4)) is amended by
striking ``Service'' and inserting ``Services''.
SEC. 263. ASSISTANCE PROGRAM FOR INSURANCE AND PUBLIC BENEFITS.
Section 741(d) (42 U.S.C. 3058k(d)) is amended by adding at the end
the following new sentence: ``If the State elects to award funds under
this section to area agencies on aging or other local entities, the
State shall give priority to agencies or entities serving planning and
service areas that have high concentrations of older individuals with
the greatest economic need or with the greatest social need, and in
which outreach activities, application assistance, or benefits
counseling are inadequate.''.
SEC. 264. NATIVE AMERICAN PROGRAM.
Section 751 (42 U.S.C. 3058aa) is amended--
(1) in subsection (c)(2), by striking ``older individuals
who are Native Americans'' and inserting ``older American
Indians, older Alaskan Natives, or older Native Hawaiians'';
and
(2) in subsection (d), by striking all that follows ``this
section,'' and inserting ``such sums as may be necessary for
each of fiscal years 1998, 1999, and 2000.''.
SEC. 265. GENERAL PROVISIONS.
Section 761(2) (42 U.S.C. 3058bb(2)) is amended by striking ``this
title'' and inserting ``subtitle A''.
Subtitle G--Technical Amendments
SEC. 271. DEFINITIONS.
(a) Relocation of Definitions.--
(1) Section 302 (42 U.S.C. 3022) (relating to definitions
of comprehensive and coordinated system, unit of general
purpose local government, and education and training service)
is amended--
(A) by redesignating paragraphs (1), (2), and (3)
as paragraphs (46), (47), and (48), respectively; and
(B) by striking all that precedes ``(46)''.
(2) Section 342 (42 U.S.C. 3030i) (relating to a definition
of in-home services) is amended--
(A) in paragraph (5)--
(i) by striking ``under other programs''
and inserting ``, other than under part B of
title III''; and
(ii) by striking ``this part'' and
inserting ``title III'';
(B) in paragraph (7), by redesignating
subparagraphs (A) and (B) as clauses (i) and (ii),
respectively;
(C) by redesignating paragraphs (1) through (7) as
subparagraphs (A) through (G), respectively; and
(D) by striking all that precedes ``term'' and
inserting the following:
``(49) The''.
(3) Section 363 (42 U.S.C. 3030o) (relating to a definition
of disease prevention and health promotion services) is
amended--
(A) in paragraph (5), by redesignating
subparagraphs (A) through (C) as clauses (i) through
(iii), respectively;
(B) by redesignating paragraphs (1) through (12) as
subparagraphs (A) through (L), respectively;
(C) in subparagraph (L) (as redesignated in
subparagraph (B)), by striking ``paragraphs (1) through
(11)'' and inserting ``subparagraphs (A) through (K)'';
(D) in the second sentence, by striking all that
precedes ``term'' and inserting the following:
``The''; and
(E) by striking all that precedes ``term'' the
first place it appears and inserting the following:
``(50) The''.
(4)(A) The Act is amended--
(i) by moving paragraphs (46), (47), and (48) (as
redesignated in paragraph (1)) to the end of section
102 (as amended in section 101(a)) (42 U.S.C. 3002);
and
(ii) by moving paragraphs (49) and (50) (as
designated in paragraphs (2) and (3)) to the end of
section 102.
(B) Such paragraphs (49) and (50) are amended--
(i) by indenting the clauses in such paragraphs and
aligning the margins of such clauses with the margins
of clause (i) of section 102(22)(A) (42 U.S.C.
3002(22)(A)); and
(ii) by indenting the subparagraphs in such
paragraphs and aligning the margins of such
subparagraphs with the margins of subparagraph (B) of
section 102(28) (42 U.S.C. 3002(28)).
(5)(A) Section 102 (as amended in paragraph (4)) is further
amended by adding at the end the following:
``(51)(A) The term `older Alaskan Native' means an older
individual who is an Alaskan Native.
``(B) The term `older American Indian' means an older
individual who is an American Indian.
``(C) The term `older Indian' means an older individual who
is an Indian.
``(D) The term `older Native Hawaiian' means an older
individual who is a Native Hawaiian.
``(52) The term `Alaskan Native' means a person who is a
member of an Alaska Native village or regional or village
corporation referred to in paragraph (28)(B).
``(53) The term `American Indian' means an Indian who is
not an Alaskan Native.
``(54) The term `Native Hawaiian' means any individual any
of whose ancestors were natives, prior to 1778, of the area
that consists of the Hawaiian Islands.''.
(B) Section 625 (42 U.S.C. 3057k) is repealed.
(b) Redesignation of Definitions.--
(1) Section 102(5) (42 U.S.C. 3002(5)) is amended by
inserting ``(A)'' after ``(5)''.
(2) Section 102(6) (42 U.S.C. 3002(6)) is amended--
(A) by redesignating subparagraphs (A) and (B) as
clauses (i) and (ii), respectively; and
(B) by striking ``(6)'' and inserting ``(B)''.
(3) Section 102(7) (42 U.S.C. 3002(7)) is amended by
striking ``(7)'' and inserting ``(C)''.
(4) Section 102(8) (42 U.S.C. 3002(8)) is amended--
(A) by redesignating subparagraphs (A) through (I)
as clauses (i) through (ix), respectively; and
(B) by inserting ``(A)'' after ``(8)''.
(5) Section 102(9) (42 U.S.C. 3002(9)) is amended--
(A) by redesignating subparagraphs (A) and (B) as
clauses (i) and (ii), respectively;
(B) in clause (ii) (as redesignated in subparagraph
(A)), by striking ``subparagraphs (A) through (G) of
paragraph (8)'' and inserting ``clauses (i) through
(vii) of subparagraph (A)''; and
(C) by striking ``(9)'' and inserting ``(B)''.
(c) Technical Amendment.--Section 102(34)(C) (42 U.S.C.
3002(34)(C)) is amended by striking ``307(a)(12)'' and inserting
``307(a)(9)''.
(d) Alphabetical Order.--Section 102 (42 U.S.C. 3002) is amended--
(1) by redesignating paragraphs (13), (14), (15), (16),
(52), (53), (17), (18), (2), (10), (19), (20), (21), (22),
(46), (23), (8), (50), (48), (24), (25), (26), (27), (28),
(29), (30), (49), (5), (31), (11), (32), (33), (34), (35),
(36), (54), (37), (4), (51), (38), (45), (39), (40), (41),
(42), (1), (3), (43), (44), (12), and (47) as paragraphs (1)
through (51), respectively; and
(2) by moving each of paragraphs (1) through (51) (as
redesignated in paragraph (1)), respectively, to the end of
such section.
SEC. 272. TECHNICAL AND CONFORMING AMENDMENTS TO OTHER ACTS.
(a) National School Lunch Act.--Section 14(c) of the National
School Lunch Act (42 U.S.C. 1762a(c)) is amended 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 ``section 311 of the
Older Americans Act of 1965 (42 U.S.C. 3030a)''.
(b) 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),
respectively, of''.
SEC. 273. OVERALL TECHNICAL AMENDMENTS.
(a) Recommended Legislation.--The Secretary of Health and Human
Services shall prepare and submit to Congress recommended legislation
containing technical and conforming amendments to reflect the changes
made by this Act.
(b) Submission to Congress.--Not later than 120 days after the date
of enactment of this Act, the Secretary of Health and Human Services
shall submit the recommended legislation referred to in subsection (a).
Subtitle H--Effective Date
SEC. 281. EFFECTIVE DATE.
(a) In General.--The amendments made by this title shall take
effect on the date of enactment of this Act.
(b) Application.--The amendments made by this title shall apply
with respect to a State on the effective date of the first State plan
submitted under section 307 of the Older Americans Act of 1965 (42
U.S.C. 3027) that takes effect 1 year or later after the date of
enactment of this Act.
TITLE III--WHITE HOUSE CONFERENCE ON AGING
SEC. 301. DEFINITIONS.
In this title:
(1) Area agency on aging.--The term ``area agency on
aging'' has the meaning given the term in section 102 of the
Older Americans Act of 1965 (42 U.S.C. 3002).
(2) Conference.--The term ``Conference'' means the White
House Conference on Aging.
(3) Older american indian; older alaskan native; older
native hawaiian.--The terms ``older American Indian'', ``older
Alaskan Native'', and ``older Native Hawaiian'' have the
meanings given the terms in section 102 of the Older Americans
Act of 1965.
(4) Older individual.--The term ``older individual'' has
the meaning given the term in section 102 of the Older
Americans Act of 1965.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(6) State.--The term ``State'' means any of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin
Islands, the Commonwealth of the Northern Mariana Islands, the
Republic of the Marshall Islands, the Federated States of
Micronesia, and the Republic of Palau.
(7) State agency.--The term ``State agency'' has the
meaning given the term in section 102 of the Older Americans
Act of 1965.
SEC. 302. WHITE HOUSE CONFERENCE AUTHORIZED.
(a) Authority To Call Conference.--Not later than December 31,
2005, the President shall convene a White House Conference on Aging in
order to develop recommendations for additional research and action in
the fields related to aging, which will further the purposes specified
in subsection (c).
(b) Planning and Direction.--The Conference shall be planned and
conducted under the direction of the Secretary in cooperation with the
Assistant Secretary for Aging and the heads of such other Federal
departments and agencies as may be appropriate. In cooperating with the
Assistant Secretary for aging, the head of such a department or agency
may detail any Federal Government employee to the Assistant Secretary
without reimbursement, and such detail shall be without interruption or
loss of civil service status or privilege.
(c) Purposes of the Conference.--The purposes of the Conference
shall be--
(1) to increase the public awareness of the interdependence
of generations, and the essential contributions of older
individuals to society, for the well-being of all generations;
(2) to identify the problems facing older individuals and
the commonalities of the problems with problems of younger
generations;
(3) to examine the well-being of older individuals,
including the impact the well-being of older individuals has on
the aging society of the United States;
(4) to develop such specific and comprehensive
recommendations for executive and legislative action as may be
appropriate for maintaining and improving the well-being of
older individuals;
(5) to develop--
(A) recommendations for the coordination of Federal
policy with State and local needs, regarding older
individuals; and
(B) recommendations for the implementation of the
recommendations described in subparagraph (A); and
(6) to review the status and multigenerational value of
recommendations adopted at previous Conferences, regarding
older individuals.
(d) Conference Participants and Delegates.--
(1) Participants.--In order to carry out the purposes
described in subsection (c), the Conference shall bring
together--
(A) representatives of Federal, State, and local
governments;
(B) professional and other people who are working
in fields related to aging; and
(C) representatives of the general public,
particularly older individuals.
(2) Selection of delegates.--The delegates to the
Conference shall be selected without regard to political
affiliation or past partisan activity and shall, to the best of
the ability of the appointing authority, be representative of
the points of view of persons in fields related to aging. The
delegates shall include individuals who are professionals,
minority individuals, individuals from low-income families, and
other individuals. A majority of the delegates shall be age 55
or older.
SEC. 303. CONFERENCE ADMINISTRATION.
(a) Administration.--In administering this title, the Secretary
shall--
(1) provide written notice to all members of the Policy
Committee established in section 304 of each meeting, hearing,
or working session of the Policy Committee not later than 48
hours before the occurrence of such meeting, hearing, or
working session;
(2) request the cooperation and assistance of the heads of
such other Federal departments and agencies as may be
appropriate to carry out this title;
(3) furnish all reasonable assistance, including financial
assistance, to entities that are State agencies, area agencies
on aging, or other appropriate organizations (including
organizations representing older American Indians, older
Alaskan Natives, or older Native Hawaiians), to enable the
entities to organize and conduct conferences and other
activities in conjunction with the Conference, including--
(A) activities carried out in advance of the
Conference, as part of the process of planning for the
Conference; and
(B) activities carried out subsequent to the
Conference in connection with dissemination,
discussion, and implementation of recommendations of
the Conference;
(4) make available for public comment a proposed agenda,
prepared by the Policy Committee, for the Conference that will
reflect to the greatest extent possible the major issues facing
older individuals;
(5) prepare and make available, for the use of delegates to
the Conference, background materials that the Secretary
determines to be necessary; and
(6) engage such additional personnel as may be necessary to
carry out the provisions of this title without regard to the
provisions of title 5, United States Code, governing
appointments in the competitive service, and without regard to
the provisions of chapter 51 and subchapter III of chapter 53
of such title relating to classification of positions and
General Schedule pay rates.
(b) Duties.--The Secretary, in carrying out the responsibilities
and functions of the Secretary under this title, and as part of the
Conference, shall ensure that--
(1) the conferences described in subsection (a)(3)--
(A) include a conference on individuals who are
older American Indians, older Alaskan Natives, and
older Native Hawaiians to identify conditions that
adversely affect such individuals, to propose solutions
to ameliorate such conditions, and to provide for the
exchange of information relating to the delivery of
services to such individuals; and
(B) are conducted so as to ensure broad
participation of older individuals;
(2) the agenda prepared under subsection (a)(4) for the
Conference is published in the Federal Register not later than
30 days after the agenda is approved by the Policy Committee,
and the Secretary may republish such agenda together with the
recommendations of the Secretary regarding the agenda;
(3) the personnel engaged under subsection (a)(6) are
fairly balanced in terms of points of views represented, and
are appointed without regard to political affiliation or past
partisan activity;
(4) the recommendations of the Conference are not
inappropriately influenced by any appointing authority or by
any special interest, but are the result of the independent
judgment of the Conference; and
(5) recent and adequate statistical data, including
decennial census data, and other information on the well-being
of older individuals in the United States are readily
available, in advance of the Conference, to the delegates of the
Conference, together with such information as may be necessary to
evaluate Federal programs and policies relating to aging.
(c) Grants and Contracts.--In carrying out subsection (b)(5), the
Secretary may make grants to, and enter into cooperative agreements
with, public or nonprofit private agencies and organizations.
(d) Gifts.--The Secretary may accept, on behalf of the United
States, gifts (in cash or in kind, including voluntary and
uncompensated services), and may use or dispose of such gifts to carry
out this title. Such gifts shall be available in addition to amounts
appropriated to carry out this title.
(e) Records.--The Secretary shall maintain records regarding--
(1) the sources, amounts, and uses of gifts accepted under
subsection (d); and
(2) the identity of each person receiving assistance to
carry out this title and the amount of such assistance received
by each such person.
SEC. 304. POLICY COMMITTEE; RELATED COMMITTEES.
(a) Policy Committee.--
(1) Establishment.--There is established a Policy Committee
comprised of 25 members to be selected, not later than 90 days
after the date of enactment of the Older Americans Act
Amendments of 1997, as follows:
(A) Presidential appointees.--Thirteen members
shall be selected by the President and shall include--
(i) 3 members who are officers or employees
of the United States; and
(ii) 10 members with experience in fields
related to aging, who may include
representatives of public aging agencies,
institution-based organizations, and minority
aging organizations, and shall include a member
of the Federal Council on the Aging.
(B) House appointees.--Four members shall be
selected by the Speaker of the House of
Representatives, after consultation with the Minority
Leader of the House of Representatives, and shall
include at least 1 member of the Committee on Education
and the Workplace, and at least 1 member of the
Committee on Ways and Means, of the House of
Representatives. Not more than 3 members selected under
this subparagraph may be associated or affiliated with
the same political party.
(C) Senate appointees.--Four members shall be
selected by the Majority Leader of the Senate, after
consultation with the Minority Leader of the Senate,
and shall include at least 1 member of the Committee on
Labor and Human Resources, and at least 1 member of the
Special Committee on Aging, of the Senate. Not more
than 3 members selected under this subparagraph may be
associated or affiliated with the same political party.
(D) Joint appointees.--Four members shall be
selected jointly by the Speaker of the House of
Representatives and the Majority Leader of the Senate,
after consultation with the Minority Leaders of the
House of Representatives and Senate, and shall include
representatives with experience in fields related to
aging, who may include representatives described in
subparagraph (A)(ii). Not more than 2 members selected
under this subparagraph may be associated or affiliated
with the same political party.
(2) Period of appointment; vacancies.--Members shall be
appointed for the life of the Policy Committee. Any vacancy in
the Policy Committee shall not affect the powers of the Policy
Committee, but shall be filled in the same manner as the
original appointment.
(3) Duties of the policy committee.--
(A) Meetings.--The Policy Committee shall initially
meet at the call of the Secretary, but not later than
30 days after the last member is selected under
paragraph (1). Subsequent meetings of the Policy
Committee shall be held at the call of the chairperson
of the Policy Committee.
(B) Duties.--Through meetings, hearings, and
working sessions, the Policy Committee shall--
(i) make recommendations to the Secretary
to facilitate the timely convening of the
Conference;
(ii) formulate and approve a proposed
agenda for the Conference not later than 60
days after the first meeting of the Policy
Committee;
(iii) make recommendations for participants
and delegates of the Conference;
(iv) establish the number of delegates to
be selected under section 302(d)(2); and
(v) formulate and approve the initial
report of the Conference in accordance with
section 305.
(4) Quorum; committee voting; chairperson.--
(A) Quorum.--Thirteen members of the Policy
Committee shall constitute a quorum for the purpose of
conducting the business of the Policy Committee, except that 17 members
of the Policy Committee shall constitute a quorum for purposes of
approving the agenda required by paragraph (3)(B)(ii) and the report
required by paragraph (3)(B)(v).
(B) Voting.--The Policy Committee shall act by the
vote of the majority of the members of the Policy
Committee who are present.
(C) Chairperson.--The President shall select a
chairperson from among the members of the Policy
Committee. The chairperson may vote only to break a tie
vote of the other members of the Policy Committee.
(b) Other Committees.--The Secretary may establish such other
committees, including technical committees, as may be necessary to
assist in planning, conducting, and reviewing the Conference.
(c) Composition of Committees.--Each committee established under
subsection (b) shall be composed of professionals and other members,
and shall include individuals from low-income families, and individuals
who are American Indians, Alaskan Natives, or Native Hawaiians. The
Secretary shall make appropriate efforts to include individuals who are
members of minority groups. A majority of the public members of each
such committee shall be age 55 or older.
(d) Compensation of Members.--
(1) In general.--Each member of a committee described in
this section who is not an officer or employee of the Federal
Government shall be compensated at a rate equal to the daily
equivalent of the annual rate of basic pay prescribed for level
IV of the Executive Schedule under section 5315 of title 5,
United States Code, for each day (including travel time) during
which such member is engaged in the performance of the duties
of the Policy Committee. All members of the Policy Committee
who are officers or employees of the United States shall
serve without compensation in addition to that received for their
services as officers or employees of the United States.
(2) Travel expenses.--The members of the Policy Committee
shall be allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of business
in the performance of services for the Policy Committee.
(e) Termination.--The Policy Committee shall terminate on the later
of--
(1) the date of submission of the initial report described
in section 305(c); and
(2) the date of submission of the recommendations described
in section 305(d).
SEC. 305. REPORT OF THE CONFERENCE.
(a) Proposed Report.--The Secretary shall ensure that a proposed
report of the Conference, which shall include a statement of
comprehensive coherent national policy on aging together with findings
and recommendations for the implementation of the policy, shall be
published and submitted to the chief executive officers of the States
not later than 90 days after the date on which the Conference is
adjourned. The Secretary shall ensure that the findings and
recommendations included in the published proposed report shall be
immediately available to the public.
(b) Response to Proposed Report.--The chief executive officers of
the States, after reviewing, and soliciting recommendations and
comments on, the proposed report of the Conference, shall submit to the
Policy Committee, not later than 90 days after receiving the report,
their views and findings on the recommendations of the Conference.
(c) Reports.--
(1) Initial report.--The Policy Committee shall, after
reviewing the views and findings of the chief executive
officers of the States, prepare, approve, and submit to the
Secretary an initial report of the Conference, which shall
include a compilation of the actions of the chief executive
officers of the States in response to the Conference and take
into consideration the views and findings of such officers.
(2) Publication of initial report; final report.--Not later
than 60 days after the Policy Committee submits the initial
report, the Secretary shall publish the initial report in the
Federal Register. The Secretary shall republish as a final
report, the initial report together with such additional views
and recommendations as the Secretary considers to be
appropriate.
(d) Recommendations of the Policy Committee.--The Policy Committee
shall, not later than 90 days after submission of the views and
findings of the chief executive officers of the States, prepare,
publish, and submit to the President and to Congress recommendations
for the administrative action and the legislation necessary to
implement the recommendations contained within the final report.
SEC. 306. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization.--
(1) In general.--There are authorized to be appropriated to
carry out this title such sums as may be necessary for fiscal
years 2005 through 2007.
(2) Contracts.--Authority to make grants or enter into
contracts under this title shall be effective only to the
extent, or in such amounts as are, provided in advance in
appropriation Acts.
(b) Availability of Funds.--
(1) In general.--Except as provided in paragraph (2), funds
appropriated to carry out this title and funds received as
gifts under section 303(d) shall remain available for
obligation or expenditure until the expiration of the 1-year
period beginning on the date the Conference adjourns.
(2) Unobligated funds.--Any funds described in paragraph
(1) that are neither obligated nor expended before the
expiration of the 1-year period beginning on the date the
Conference adjourns shall be available to carry out the Older
Americans Act of 1965 (42 U.S.C. 3001 et seq.).
SEC. 307. CONFORMING AMENDMENT.
Title II of the Older Americans Act Amendments of 1987 (42 U.S.C.
3001 note) is repealed.
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