[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 782 Engrossed in House (EH)]
106th CONGRESS
2d Session
H. R. 782
_______________________________________________________________________
AN ACT
To amend the Older Americans Act of 1965 to extend authorizations of
appropriations for programs under the Act, to modernize programs and
services for older individuals, 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.
This Act may be cited as the ``Older Americans Act Amendments of
2000''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--AMENDMENT TO TITLE I OF THE OLDER AMERICANS ACT OF 1965
Sec. 101. Definitions.
TITLE II--AMENDMENTS TO TITLE II OF THE OLDER AMERICANS ACT OF 1965 AND
THE OLDER AMERICANS ACT AMENDMENTS OF 1987
Subtitle A--Amendments to Title II of the Older Americans Act of 1965
Sec. 201. Functions of assistant secretary.
Sec. 202. Federal agency consultation.
Sec. 203. Evaluation.
Sec. 204. Reports.
Sec. 205. authorization of appropriations.
Subtitle B--Amendments to the Older Americans Act Amendments of 1987
Sec. 211. White house conference.
TITLE III--AMENDMENTS TO TITLE III OF THE OLDER AMERICANS ACT OF 1965
Sec. 301. Purpose.
Sec. 302. Authorization of appropriations.
Sec. 303. Allotment; Federal share.
Sec. 304. Organization.
Sec. 305. Area plans.
Sec. 306. State plans.
Sec. 307. Planning, coordination, evaluation, and administration of
State plans.
Sec. 308. Availability of disaster relief funds to tribal
organizations.
Sec. 309. Nutrition services incentive program.
Sec. 310. Consumer contributions and waivers.
Sec. 311. Supportive services and senior centers.
Sec. 312. Nutrition services.
Sec. 313. Nutrition requirements.
Sec. 314. In-home services and additional assistance.
Sec. 315. Definition.
Sec. 316. National family caregiver support program.
TITLE IV--TRAINING, RESEARCH, AND DISCRETIONARY PROJECTS AND PROGRAMS
Sec. 401. Projects and programs
TITLE V--AMENDMENT TO TITLE V OF THE OLDER AMERICANS ACT OF 1965
Sec. 501. Amendment to title v of the older americans act of 1965.
TITLE VI--AMENDMENTS TO TITLE VI OF THE OLDER AMERICANS ACT OF 1965
Sec. 601. Eligibility.
Sec. 602. Applications.
Sec. 603. Authorization of appropriations.
Sec. 604. General provisions.
TITLE VII--AMENDMENTS TO TITLE VII OF THE OLDER AMERICANS ACT OF 1965
Sec. 701. Authorization of appropriations.
Sec. 702. Allotment.
Sec. 703. Additional State plan requirements.
Sec. 704. State long-term care ombudsman program.
Sec. 705. Prevention of elder abuse, neglect, and exploitation.
Sec. 706. Assistance programs.
Sec. 707. Native american programs.
TITLE VIII--TECHNICAL AND CONFORMING AMENDMENTS
Sec. 801. Technical and conforming amendments.
TITLE I--AMENDMENT TO TITLE I OF THE OLDER AMERICANS ACT OF 1965
SEC. 101. DEFINITIONS.
Section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002) is
amended--
(1) in paragraph (3), by striking ``the Commonwealth of the
Northern Mariana Islands, and the Trust Territory of the
Pacific Islands.'' and inserting ``and the Commonwealth of the
Northern Mariana Islands.'';
(2) by striking paragraph (12) and inserting the following:
``(12) The term `disease prevention and health promotion
services' means--
``(A) health risk assessments;
``(B) routine health screening, which may include
hypertension, glaucoma, cholesterol, cancer, vision,
hearing, diabetes, bone density, and nutrition
screening;
``(C) nutritional counseling and educational
services for individuals and their primary caregivers;
``(D) health promotion programs, including but not
limited to programs relating to prevention and
reduction of effects of chronic disabling conditions
(including osteoporosis and cardiovascular disease),
alcohol and substance abuse reduction, smoking
cessation, weight loss and control, and stress
management;
``(E) programs regarding physical fitness, group
exercise, and music therapy, art therapy, and dance-
movement therapy, including programs for
multigenerational participation that are provided by--
``(i) an institution of higher education;
``(ii) a local educational agency, as
defined in section 14101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C.
8801); or
``(iii) a community-based organization;
``(F) home injury control services, including
screening of high-risk home environments and provision
of educational programs on injury prevention (including
fall and fracture prevention) in the home environment;
``(G) screening for the prevention of depression,
coordination of community mental health services,
provision of educational activities, and referral to
psychiatric and psychological services;
``(H) educational programs on the availability,
benefits, and appropriate use of preventive health
services covered under title XVIII of the Social
Security Act (42 U.S.C. 1395 et seq.);
``(I) medication management screening and education
to prevent incorrect medication and adverse drug
reactions;
``(J) information concerning diagnosis, prevention,
treatment, and rehabilitation concerning age-related
diseases and chronic disabling conditions, including
osteoporosis, cardiovascular diseases, diabetes, and
Alzheimer's disease and related disorders with
neurological and organic brain dysfunction;
``(K) gerontological counseling; and
``(L) counseling regarding social services and
followup health services based on any of the services
described in subparagraphs (A) through (K).
The term shall not include services for which payment may be
made under titles XVIII and XIX of the Social Security Act (42
U.S.C. 1395 et seq., 1396 et seq.).'';
(3) by striking paragraph (18) and redesignating paragraphs
(19), (20), (21), and (22) as paragraphs (18), (19), (20), and
(21);
(4) by striking paragraphs (19) and (20) (as redesignated)
and inserting the following:
``(19) The term `in-home services' includes--
``(A) services of homemakers and home health aides;
``(B) visiting and telephone reassurance;
``(C) chore maintenance;
``(D) in-home respite care for families, and adult
day care as a respite service for families;
``(E) minor modification of homes that is necessary
to facilitate the ability of older individuals to
remain at home and that is not available under another
program (other than a program carried out under this
Act);
``(F) personal care services; and
``(G) other in-home services as defined--
``(i) by the State agency in the State plan
submitted in accordance with section 307; and
``(ii) by the area agency on aging in the
area plan submitted in accordance with section
306.
``(20) The term `Native American' means--
``(A) an Indian as defined in paragraph (5); and
``(B) a Native Hawaiian, as defined in section
625.'';
(5) by striking paragraph (23) and redesignating paragraphs
(24) through (35) as paragraphs (22), (23), (24), (25), (26),
(27), (28), (29), (30), (31), (32), and (33);
(6) by striking paragraph (36) and redesignating the
remaining paragraphs; and
(7) by adding at the end the following:
``(42) The term `family violence' has the same meaning
given the term in the Family Violence Prevention and Services
Act (42 U.S.C. 10408).
``(43) The term `sexual assault' has the meaning given the
term in section 2003 of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796gg-2).''.
TITLE II--AMENDMENTS TO TITLE II OF THE OLDER AMERICANS ACT OF 1965 AND
THE OLDER AMERICANS ACT AMENDMENTS OF 1987
Subtitle A--Amendments to Title II of the Older Americans Act of 1965
SEC. 201. FUNCTIONS OF ASSISTANT SECRETARY.
Section 202 of the Older Americans Act of 1965 (42 U.S.C. 3012) is
amended--
(1) in subsection (a)--
(A) by striking paragraph (9) and redesignating
paragraphs (10), (11), and (12) as paragraphs (9),
(10), and (11) respectively;
(B) by striking parargraphs (13) and (14) and
redesignating the remaining paragraphs;
(C) in paragraph (15) (as redesignated), by
inserting ``and older individuals residing in rural
areas'' after ``low-income minority individuals'';
(D) in paragraph (18)(B) (as redesignated), by
striking ``1990'' and inserting ``2000'';
(E) by striking paragraph (19) (as redesignated)
and inserting the following:
``(19) conduct strict monitoring of State compliance with
the requirements in effect, under this Act to prohibit
conflicts of interest and to maintain the integrity and public
purpose of services provided and service providers, under this
Act in all contractual and commercial relationships;'';
(F) by striking paragraph (21) (as redesignated)
and inserting the following:
``(21) establish information and assistance services as
priority services for older individuals, and develop and
operate, either directly or through contracts, grants, or
cooperative agreements, a National Eldercare Locator Service,
providing information and assistance services through a
nationwide toll-free number to identify community resources for
older individuals;'';
(G) by striking paragraph (24) (as redesignated)
and inserting the following:
``(24) establish and carry out pension counseling and
information programs described in section 215;''; and
(H) by striking paragraph (27) and redesignating
the remaining paragraphs;
(I) by adding a new paragraph (27):
``(27) improve the delivery of services to older
individuals living in rural areas through--
``(A) synthesizing results of research on how best
to meet the service needs of older individuals in rural
areas;
``(B) developing a resource guide on best practices
for States, area agencies on aging, and service
providers;
``(C) providing training and technical assistance
to States to implement these best practices of service
delivery; and
``(D) submitting a report on the States'
experiences in implementing these best practices and
the effect these innovations are having on improving
service delivery in rural areas to the relevant
committees not later than 36 months after enactment.'';
(2) in subsection (d)(4), by striking ``1990'' and
inserting ``2000''; and
(3) by adding at the end the following:
``(f)(1) The Assistant Secretary, in accordance with the process
described in paragraph (2), and in collaboration with a representative
group of State agencies, tribal organizations, area agencies on aging,
and providers of services involved in the performance outcome measures
shall develop and publish by December 31, 2001, a set of performance
outcome measures for planning, managing, and evaluating activities
performed and services provided under this Act. To the maximum extent
possible, the Assistant Secretary shall use data currently collected
(as of the date of development of the measures) by State agencies, area
agencies on aging, and service providers through the National Aging
Program Information System and other applicable sources of information
in developing such measures.
``(2) The process for developing the performance outcome measures
described in paragraph (1) shall include--
``(A) a review of such measures currently in use by State
agencies and area agencies on aging (as of the date of the
review);
``(B) development of a proposed set of such measures that
provides information about the major activities performed and
services provided under this Act;
``(C) pilot testing of the proposed set of such measures,
including an identification of resource, infrastructure, and
data collection issues at the State and local levels; and
``(D) evaluation of the pilot test and recommendations for
modification of the proposed set of such measures.''.
SEC. 202. FEDERAL AGENCY CONSULTATION.
Title II of the Older Americans Act of 1965 (42 U.S.C. 3011 et
seq.) is amended--
(1) in section 203(a)(3)(A), by inserting ``and older
individuals residing in rural areas'' after ``low-income
minority older individuals'';
(2) by striking section 204 and inserting the following:
``SEC. 204. GIFTS AND DONATIONS.
``(a) Gifts and Donations.--The Assistant Secretary may accept,
use, and dispose of, on behalf of the United States, gifts or donations
(in cash or in kind, including voluntary and uncompensated services or
property), which shall be available until expended for the purposes
specified in subsection (b). Gifts of cash and proceeds of the sale of
property shall be available in addition to amounts appropriated to
carry out this Act.
``(b) Use of Gifts and Donations.--Gifts and donations accepted
pursuant to subsection (a) may be used either directly, or for grants
to or contracts with public or nonprofit private entities, for the
following activities:
``(1) The design and implementation of demonstrations of
innovative ideas and best practices in programs and services
for older individuals.
``(2) The planning and conduct of conferences for the
purpose of exchanging information, among concerned individuals
and public and private entities and organizations, relating to
programs and services provided under this Act and other
programs and services for older individuals.
``(3) The development, publication, and dissemination of
informational materials (in print, visual, electronic, or other
media) relating to the programs and services provided under
this Act and other matters of concern to older individuals.
``(c) Ethics Guidelines.--The Assistant Secretary shall establish
written guidelines setting forth the criteria to be used in determining
whether a gift or donation should be declined under this section
because the acceptance of the gift or donation would--
``(1) reflect unfavorably upon the ability of the
Administration, the Department of Health and Human Services, or
any employee of the Administration or Department, to carry out
responsibilities or official duties under this Act in a fair
and objective manner; or
``(2) compromise the integrity or the appearance of
integrity of programs or services provided under this Act or of
any official involved in those programs or services.'';
(3) in section 205, by striking subsections (c) and (d) and
redesignating subsection (e) as subsection (c);
(4) by redesignating section 215 as section 216; and
(5) by inserting after section 214 the following:
``SEC. 215. PENSION COUNSELING AND INFORMATION PROGRAMS.
``(a) Definitions.--In this section:
``(1) Pension and other retirement benefits.--The term
`pension and other retirement benefits' means private, civil
service, and other public pensions and retirement benefits,
including benefits provided under--
``(A) the Social Security program under title II of
the Social Security Act (42 U.S.C. 401 et seq.);
``(B) the railroad retirement program under the
Railroad Retirement Act of 1974 (45 U.S.C. 231 et
seq.);
``(C) the government retirement benefits programs
under the Civil Service Retirement System set forth in
chapter 83 of title 5, United States Code, the Federal
Employees Retirement System set forth in chapter 84 of
title 5, United States Code, or other Federal
retirement systems; or
``(D) employee pension benefit plans as defined in
section 3(2) of the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1002(2)).
``(2) Pension counseling and information program.--The term
`pension counseling and information program' means a program
described in subsection (b).
``(b) Program Authorized.--The Assistant Secretary shall award
grants to eligible entities to establish and carry out pension
counseling and information programs that create or continue a
sufficient number of pension assistance and counseling programs to
provide outreach, information, counseling, referral, and other
assistance regarding pension and other retirement benefits, and rights
related to such benefits, to individuals in the United States.
``(c) Eligible Entities.--The Assistant Secretary shall award
grants under this section to--
``(1) State agencies or area agencies on aging; and
``(2) nonprofit organizations with a proven record of
providing--
``(A) services related to retirement of older
individuals;
``(B) services to Native Americans; or
``(C) specific pension counseling.
``(d) Citizen Advisory Panel.--The Assistant Secretary shall
establish a citizen advisory panel to advise the Assistant Secretary
regarding which entities should receive grant awards under this
section. Such panel shall include representatives of business, labor,
national senior advocates, and national pension rights advocates. The
Assistant Secretary shall consult such panel prior to awarding grants
under this section.
``(e) Application.--To be eligible to receive a grant under this
section, an entity shall submit an application to the Assistant
Secretary at such time, in such manner, and containing such information
as the Assistant Secretary may require, including--
``(1) a plan to establish a pension counseling and
information program that--
``(A) establishes or continues a State or area
pension counseling and information program;
``(B) serves a specific geographic area;
``(C) provides counseling (including direct
counseling and assistance to individuals who need
information regarding pension and other retirement
benefits) and information that may assist individuals
in obtaining, or establishing rights to, and filing
claims or complaints regarding, pension and other
retirement benefits;
``(D) provides information on sources of pension
and other retirement benefits;
``(E) establishes a system to make referrals for
legal services and other advocacy programs;
``(F) establishes a system of referral to Federal,
State, and local departments or agencies related to
pension and other retirement benefits;
``(G) provides a sufficient number of staff
positions (including volunteer positions) to ensure
information, counseling, referral, and assistance
regarding pension and other retirement benefits;
``(H) provides training programs for staff members,
including volunteer staff members, of pension and other
retirement benefits programs;
``(I) makes recommendations to the Administration,
the Department of Labor and other Federal, State and
local agencies concerning issues for older individuals
related to pension and other retirement benefits; and
``(J) establishes or continues an outreach program
to provide information, counseling, referral and
assistance regarding pension and other retirement
benefits, with particular emphasis on outreach to
women, minorities, older individuals residing in rural
areas and low income retirees; and
``(2) an assurance that staff members (including volunteer
staff members) have no conflict of interest in providing the
services described in the plan described in paragraph (1).
``(f) Criteria.--The Assistant Secretary shall consider the
following criteria in awarding grants under this section:
``(1) Evidence of a commitment by the entity to carry out a
proposed pension counseling and information program.
``(2) The ability of the entity to perform effective
outreach to affected populations, particularly populations that
are identified in need of special outreach.
``(3) Reliable information that the population to be served
by the entity has a demonstrable need for the services proposed
to be provided under the program.
``(4) The ability of the entity to provide services under
the program on a statewide or regional basis.
``(g) Training and Technical Assistance Program.--
``(1) In general.--The Assistant Secretary shall
award grants to eligible entities to establish training
and technical assistance programs that shall provide
information and technical assistance to the staffs of
entities operating pension counseling and information
programs described in subsection (b), and general
assistance to such entities, including assistance in
the design of program evaluation tools.
``(2) Eligible entities.--Entities that are
eligible to receive a grant under this subsection
include nonprofit private organizations with a record
of providing national information, referral, and
advocacy in matters related to pension and other
retirement benefits.
``(3) Application.--To be eligible to receive a
grant under this subsection, an entity shall submit an
application to the Assistant Secretary at such time, in
such manner, and containing such information as the
Assistant Secretary may require.
``(h) Pension Assistance Hotline and Intragency Coordination.--
``(1) Hotline.--The Assistant Secretary shall enter into
agreements with other Federal agencies to establish and
administer a national telephone hotline that shall provide
information regarding pension and other retirement benefits,
and rights related to such benefits.
``(2) Content.--Such hotline described in paragraph (1)
shall provide information for individuals seeking outreach,
information, counseling, referral, and assistance regarding
pension and other retirement benefits, and rights related to
such benefits.
``(3) Agreements.--The Assistant Secretary may enter into
agreements with the Secretary of Labor and the heads of other
Federal agencies that regulate the provision of pension and
other retirement benefits in order to carry out this
subsection.
``(i) Report to Congress.--Not later than 30 months after the date
of the enactment of this section, the Assistant Secretary shall submit
to the Committee on Education and the Workforce of the House of
Representatives and the Committee on Health, Education, Labor and
Pensions of the Senate a report that--
``(1) summarizes the distribution of funds authorized for
grants under this section and the expenditure of such funds;
``(2) summarizes the scope and content of training and
assistance provided under a program carried out under this
section and the degree to which the training and assistance can
be replicated;
``(3) outlines the problems that individuals participating
in programs funded under this section encountered concerning
rights related to pension and other retirement benefits; and
``(4) makes recommendations regarding the manner in which
services provided in programs funded under this section can be
incorporated into the ongoing programs of State agencies, area
agencies on aging, multipurpose senior centers and other
similar entities.
``(j) Administrative Expenses.--Of the funds appropriated under
section 216 to carry out this section for a fiscal year, not more than
$100,000 may be used by the Administration for administrative
expenses.''.
SEC. 203. EVALUATION.
Section 206 of the Older Americans Act of 1965 (42 U.S.C. 3017) is
amended--
(1) in subsection (a), by inserting ``and older individuals
residing in rural areas'' after ``low-income minority
individuals'' each place it appears;
(2) in subsection (c), by inserting ``, older individuals
residing in rural areas'' after ``minority individuals'';
(3) by striking subsection (g); and
(4) by redesignating subsection (h) as subsection (g).
SEC. 204. REPORTS.
Section 207 of the Older Americans Act of 1965 (42 U.S.C. 3018) is
amended--
(1) in subsection (a)(4), by inserting ``older individuals
residing in rural areas,'' after ``low-income minority
individuals,''; and
(2) in subsection (c)(5) by inserting ``and older
individuals residing in rural areas'' after ``low-income
minority individuals'' each place it appears.
SEC. 205. AUTHORIZATION OF APPROPRIATIONS.
Section 216 of the Older Americans Act of 1965 (42 U.S.C. 3020f)
(as redesignated by section 202) is amended--
(1) in subsection (a)--
(A) by striking ``(a) Administration.--'' and
inserting ``(a) In General.--'';
(B) by striking ``1992'' and all that follows
through the period and inserting ``2001, 2002, 2003,
2004, and 2005''; and
(C) by inserting ``administration, salaries, and
expenses of'' after ``appropriated for''; and
(2) by striking subsection (b) and inserting the following:
``(b) Eldercare Locator Service.--There are authorized to be
appropriated to carry out section 202(a)(24) (relating to the National
Eldercare Locator Service) such sums as may be necessary for fiscal
year 2001, and such sums as may be necessary for each of the 4
succeeding fiscal years.
``(c) Pension Counseling and Information Programs.--There are
authorized to be appropriated to carry out section 215, such sums as
may be necessary for fiscal year 2001 and for each of the 4 succeeding
fiscal years.''.
Subtitle B--Amendments to the Older Americans Act Amendments of 1987
SEC. 211. WHITE HOUSE CONFERENCE.
Title II of the Older Americans Act Amendments of 1987 (42 U.S.C.
3001 note) is amended--
(1) by striking section 201;
(2) by redesignating sections 202, 203, 204, 205, 206, and
207, as sections 201, 202, 203, 204, 205, and 206,
respectively;
(3) in section 201 (as redesignated by paragraph (2))--
(A) by striking subsections (a), (b), and (c) and
inserting the following:
``(a) Authority To Call Conference.--Not later than December 31,
2005, the President shall convene the White House Conference on Aging
in order to fulfill the purpose set forth in subsection (c) and to make
fundamental policy recommendations regarding programs that are
important to older individuals and to the families and communities of
such individuals.
``(b) Planning and Direction.--The Conference described in
subsection (a) shall be planned and conducted under the direction of
the Secretary, in cooperation with the Assistant Secretary for Aging,
the Director of the National Institute on Aging, the Administrator of
the Health Care Financing Administration, the Social Security
Administrator, and the heads of such other Federal agencies serving
older individuals as are appropriate. Planning and conducting the
Conference includes the assignment of personnel.
``(c) Purpose.--The purpose of the Conference described in
subsection (a) shall be to gather individuals representing the spectrum
of thought and experience in the field of aging to--
``(1) evaluate the manner in which the objectives of this
Act can be met by using the resources and talents of older
individuals, of families and communities of such individuals,
and of individuals from the public and private sectors;
``(2) evaluate the manner in which national policies that
are related to economic security and health care are prepared
so that such policies serve individuals born from 1946 to 1964
and later, as the individuals become older individuals,
including an examination of the Social Security, medicare, and
medicaid programs carried out under titles II, XVIII, and XIX
of the Social Security Act (42 U.S.C. 401 et seq., 1395 et
seq., and 1396 et seq.) in relation to providing services under
this Act, and determine how well such policies respond to the
needs of older individuals; and
``(3) develop not more than 50 recommendations to guide the
President, Congress, and Federal agencies in serving older
individuals.''; and
(B) in subsection (d)(2), by striking ``and
individuals from low-income families.'' and inserting
``individuals from low-income families, representatives
of Federal, State, and local governments, and
individuals from rural areas. A majority of such
delegates shall be age 55 or older.'';
(4) in section 202 (as redesignated by paragraph (2))--
(A) in subsection (a)--
(i) by striking paragraph (3); and
(ii) by redesignating paragraphs (4), (5),
and (6) as paragraphs (3), (4), and (5),
respectively;
(B) in subsection (b)--
(i) by striking paragraph (1);
(ii) by redesignating paragraphs (2), (3),
(4), and (5) as paragraphs (1), (2), (3), and
(4) respectively;
(iii) in paragraph (1) (as redesignated by
clause (ii))--
(I) by striking ``subsection
(a)(4)'' and inserting ``subsection
(a)(3)''; and
(II) by striking ``regarding such
agenda,'' and inserting ``regarding
such agenda, and''; and
(iv) in paragraph (2) (as redesignated by
clause (ii)), by striking ``subsection (a)(6)''
and inserting ``subsection (a)(5)''; and
(C) in subsection (c), by adding at the end ``Gifts
may be earmarked by the donor or the executive
committee for a specific purpose.'';
(5) in section 203(a) (as redesignated by paragraph (2))--
(A) by striking paragraph (1) and inserting the
following:
``(1) Establishment.--There is established a Policy
Committee comprised of 17 members to be selected, not later
than 2 years prior to the date on which the Conference
convenes, as follows:
``(A) Presidential appointees.--Nine members shall
be selected by the President and shall include--
``(i) 3 members who are officers or
employees of the United States; and
``(ii) 6 members with experience in the
field of aging, including providers and
consumers of aging services.
``(B) House appointees.--Two members shall be
selected by the Speaker of the House of
Representatives, after consultation with the Committee
on Education and the Workforce and the Committee on
Ways and Means of the House of Representatives, and 2
members shall be selected by the Minority Leader of the
House of Representatives, after consultation with such
committees.
``(C) Senate appointees.--Two members shall be
selected by the Majority Leader of the Senate, after
consultation with members of the Committee on Health,
Education, Labor, and Pensions and the Special
Committee on Aging of the Senate, and 2 members shall
be selected by the Minority Leader of the Senate, after
consultation with members of such committees.'';
(B) in paragraph (2)--
(i) in subparagraph (B), by striking
``Committee'' and inserting ``Committee for the
Secretary''; and
(ii) by striking subparagraphs (D) and (E)
and inserting the following:
``(D) establish the number of delegates to be
selected under section 201(d)(2);
``(E) establish an executive committee consisting
of 3 to 5 members, with a majority of such members
being age 55 or older, to work with Conference staff;
and
``(F) establish other committees as needed that
have a majority of members who are age 55 or older.'';
and
(C) by striking paragraph (3) and inserting the
following:
``(3) Voting; chairperson.--
``(A) Voting.--The Policy Committee shall act by
the vote of a majority of the members present. A quorum
of Committee members shall not be required to conduct
Committee business.
``(B) Chairperson.--The President shall select the
chairperson from among the members of the Policy
Committee. The chairperson may vote only to break a tie
vote of the other members of the Policy Committee.'';
(6) by striking section 204 (as redesignated by paragraph
(2)) and inserting the following:
``SEC. 204. REPORT OF THE CONFERENCE.
``(a) Preliminary Report.--Not later than 100 days after the date
on which the Conference adjourns, the Policy Committee shall publish
and deliver to the chief executive officers of the States a preliminary
report on the Conference. Comments on the preliminary report of the
Conference shall be accepted by the Policy Committee.
``(b) Final Report.--Not later than 6 months after the date on
which the Conference adjourns, the Policy Committee shall publish and
transmit to the President and to Congress recommendations resulting
from the Conference and suggestions for any administrative action and
legislation necessary to implement the recommendations contained within
the report.''; and
(7) in section 206 (as redesignated by paragraph (2))--
(A) in subsection (a), by striking paragraph (1)
and inserting the following:
``(1) In general.--There are authorized to be appropriated
to carry out this section--
``(A) such sums as may be necessary for the first
fiscal year in which the Policy Committee plans the
Conference and for the following fiscal year; and
``(B) such sums as may be necessary for the fiscal
year in which the Conference is held.''; and
(B) in subsection (b)--
(i) in paragraph (1), by striking ``section
203(c)'' and inserting ``section 202(c)''; and
(ii) in paragraph (3), by striking
``December 31, 1995'' and inserting ``December
31, 2005''.
TITLE III--AMENDMENTS TO TITLE III OF THE OLDER AMERICANS ACT OF 1965
SEC. 301. PURPOSE.
Section 301 of the Older Americans Act of 1965 (42 U.S.C. 3021) is
amended by adding at the end the following:
``(d)(1) Any funds received under an allotment as described in
section 304(a), or funds contributed toward the non-Federal share under
section 304(d), shall be used only for activities and services to
benefit older individuals and other individuals as specifically
provided for in this title.
``(2) No provision of this title shall be construed as prohibiting
a State agency or area agency on aging from providing services by using
funds from sources not described in paragraph (1).''.
SEC. 302. AUTHORIZATION OF APPROPRIATIONS.
Section 303 of the Older Americans Act of 1965 (42 U.S.C 3023) is
amended--
(1) by striking subsection (a)(1) and inserting the
following:
``(a)(1) There are authorized to be appropriated to carry out part
B (relating to supportive services) such sums as may be necessary for
fiscal year 2001, and such sums as may be necessary for each of the 4
succeeding fiscal years.'';
(2) by striking subsection (b) and inserting the following:
``(b)(1) There are authorized to be appropriated to carry out
subpart 1 of part C (relating to congregate nutrition services) such
sums as may be necessary for fiscal year 2001, and such sums as may be
necessary for each of the 4 succeeding fiscal years.
``(2) There are authorized to be appropriated to carry out subpart
2 of part C (relating to home delivered nutrition services) such sums
as may be necessary for fiscal year 2001, and such sums as may be
necessary for each of the 4 succeeding fiscal years.''; and
(3) by striking subsections (d) through (g) and inserting
the following:
``(d) There are authorized to be appropriated to carry out part D
(relating to disease prevention and health promotion services) such
sums as may be necessary for fiscal year 2001, and such sums as may be
necessary for each of the 4 succeeding fiscal years.
``(e)(1) There are authorized to be appropriated to carry out part
E (relating to family caregiver support) $125,000,000 for fiscal year
2001 if the aggregate amount appropriated under subsection (a)(1)
(relating to part B, supportive services), paragraphs (1) (relating to
subpart 1 of part C, congregate nutrition services) and (2) (relating
to subpart 2 of part C, home delivered nutrition services) of
subsection (b), and (d) (relating to part D, disease prevention and
health promotion services) of this section for fiscal year 2001 is not
less than the aggregate amount appropriated under subsection (a)(1),
paragraphs (1) and (2) of subsection (b), and subsection (d) of section
303 of the Older Americans Act of 1965 for fiscal year 2000.
``(2) There are authorized to be appropriated to carry out part E
(relating to family caregiver support) such sums as may be necessary
for each of the 4 succeeding fiscal years.
``(3) Of the funds appropriated under paragraphs (1) and (2)--
``(A) 4 percent of such funds shall be reserved to carry
out activities described in section 375; and
``(B) 1 percent of such funds shall be reserved to carry
out activities described in section 376.''.
SEC. 303. ALLOTMENT; FEDERAL SHARE.
(a) In General.--Section 304 of the Older Americans Act of 1965 (42
U.S.C. 3024) is amended by striking subsection (a) and inserting the
following:
``(a)(1) From the sums appropriated under subsections (a) through
(d) of section 303 for each fiscal year, each State shall be allotted
an amount which bears the same ratio to such sums as the population of
older individuals in such State bears to the population of older
individuals in all States.
``(2) In determining the amounts allotted to States from the sums
appropriated under section 303 for a fiscal year, the Assistant
Secretary shall first determine the amount allotted to each State under
paragraph (1) and then proportionately adjust such amounts, if
necessary, to meet the requirements of paragraph (3).
``(3)(A) No State shall be allotted less than \1/2\ of 1 percent of
the sum appropriated for the fiscal year for which the determination is
made.
``(B) Guam and the United States Virgin Islands shall each be
allotted not less than \1/4\ of 1 percent of the sum appropriated for
the fiscal year for which the determination is made.
``(C) American Samoa and the Commonwealth of the Northern Mariana
Islands shall each be allotted not less than \1/16\ of 1 percent of the
sum appropriated for the fiscal year for which the determination is
made. For the purposes of the exception contained in subparagraph (A)
only, the term ``State'' does not include Guam, American Samoa, the
United States Virgin Islands, and the Commonwealth of the Northern
Mariana Islands.
``(D) No State shall be allotted less than the total amount
allotted to the State for fiscal year 2000 and no State shall receive a
percentage increase above the fiscal year 2000 allotment that is less
than 20 percent of the percentage increase above the fiscal year 2000
allotments for all of the States.
``(4) The number of individuals aged 60 or older in any State and
in all States shall be determined by the Assistant Secretary on the
basis of the most recent data available from the Bureau of the Census,
and other reliable demographic data satisfactory to the Assistant
Secretary.
``(5) State allotments for a fiscal year under this section shall
be proportionally reduced to the extent that appropriations may be
insufficient to provide the full allotments of the prior year.''.
(b) Availability of Funds for Reallotment.--Section 304(b) of the
Older Americans Act of 1965 (42 U.S.C. 3024(b)) is amended in the first
sentence by striking ``part B or C'' and inserting ``part B or C, or
subpart 1 of part E,''.
SEC. 304. ORGANIZATION.
Section 305(a) of the Older Americans Act of 1965 (42 U.S.C.
3025(a)) is amended by--
(1) in paragraph (1)(E), by inserting ``and older
individuals residing in rural areas'' after ``low-income
minority individuals'' each place it appears; and
(2) in paragraph (2)--
(A) in subparagraph (E) by striking ``,'' and
inserting ``and older individuals residing in rural
areas,'' after ``low-income minority individuals'';
(B) in subparagraph (G)(i) by inserting ``and older
individuals residing in rural areas'' after ``low-
income minority older individuals''; and
(C) in subparagraph (G)(ii) by inserting ``and
older individuals residing in rural areas'' after
``low-income minority individuals''.
SEC. 305. AREA PLANS.
(a) In General.--Section 306(a) of the Older Americans Act of 1965
(42 U.S.C. 3026(a)) is amended--
(1) in paragraph (1), by inserting ``and older individuals
residing in rural areas'' after ``low-income minority
individuals'' in each place it appears;
(2) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by
striking ``section 307(a)(22)'' and inserting ``section
307(a)(2)'';
(B) in subparagraph (B), by striking ``services
(homemaker'' and all that follows through
``maintenance, and'' and inserting ``services,
including''; and
(C) in the matter following subparagraph (C), by
striking ``and specify annually in such plan, as
submitted or as amended,'' and inserting ``and
assurances that the area agency on aging will report
annually to the State agency'';
(3) in paragraph (3)(A), by striking ``paragraph
(6)(E)(ii)'' and inserting ``paragraph (6)(C)'';
(4)(A) by striking paragraph (4); and
(B) by redesignating paragraph (5) as paragraph (4);
(5) in paragraph (4)(A)(i) (as redesignated) by inserting
``and older individuals residing in rural areas'' after ``low-
income minority individuals'';
(6) in paragraph (4)(A)(ii) (as redesignated) by inserting
``and older individuals residing in rural areas'' after ``low-
income minority individuals'' each place it appears;
(7) in paragraph (4)(B)(i) (as redesignated) by inserting
``and older individuals residing in rural areas'' after ``low-
income minority individuals'' each place it appears;
(8) in paragraph (4)(C) (as redesignated) by inserting
``and older individuals residing in rural areas'' after ``low-
income minority older individuals'';
(9) by inserting after paragraph (4) (as redesignated by
paragraph (3)) the following:
``(5) provide assurances that the area agency on aging will
coordinate planning, identification, assessment of needs, and
provision of services for older individuals with disabilities,
with particular attention to individuals with severe
disabilities, with agencies that develop or provide services
for individuals with disabilities;'';
(10) in paragraph (6)--
(A) by striking subparagraphs (A), (B), (G), (I),
(J), (K), (L), (O), (P), (Q), (R), and (S);
(B) by redesignating subparagraphs (C), (D), (E),
(F), (H), (M), and (N) as subparagraphs (A), (B), (C),
(D), (E), (F), and (G), respectively;
(C) in subparagraph (C) (as redesignated by
subparagraph (B)), by striking ``or adults'' and
inserting ``, assistance to older individuals caring
for relatives who are children'';
(D) in subparagraph (D) (as redesignated by
subparagraph (B)), by inserting ``and older individuals
residing in rural areas'' after ``minority
individuals''; and
(E) in subparagraph (F) (as redesignated by
subparagraph (B)), by adding ``and'' after the
semicolon;
(11) by striking paragraphs (7) through (13) and inserting
the following:
``(7) provide that the area agency on aging will facilitate
the coordination of community-based, long-term care services
designed to enable older individuals to remain in their homes,
by means including--
``(A) development of case management services as a
component of the long-term care services, consistent
with the requirements of paragraph (8);
``(B) involvement of long-term care 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;
``(8) provide that case management services provided under
this title through the area agency on aging will--
``(A) not duplicate case management services
provided through other Federal and State programs;
``(B) be coordinated with services described in
subparagraph (A); and
``(C) be provided by a public agency or a nonprofit
private agency that--
``(i) gives each older individual seeking
services under this title a list of agencies
that provide similar services within the
jurisdiction of the area agency on aging;
``(ii) gives each individual described in
clause (i) a statement specifying that the
individual has a right to make an independent
choice of service providers and documents
receipt by such individual of such statement;
``(iii) has case managers acting as agents
for the individuals receiving the services and
not as promoters for the agency providing such
services; or
``(iv) is located in a rural area and
obtains a waiver of the requirements described
in clauses (i) through (iii);
``(9) provide assurances that the area agency on aging, in
carrying out the State Long-Term Care Ombudsman program under
section 307(a)(9), will expend not less than the total amount
of funds appropriated under this Act and expended by the agency
in fiscal year 2000 in carrying out such a program under this
title;
``(10) provide a grievance procedure for older individuals
who are dissatisfied with or denied services under this title;
``(11) provide information and assurances concerning
services to older individuals who are Native Americans
(referred to in this paragraph as `older Native Americans'),
including--
``(A) information concerning whether there is a
significant population of older Native Americans in the
planning and service area and if so, an assurance that
the area agency on aging will pursue activities,
including outreach, to increase access of those older
Native Americans to programs and benefits provided
under this title;
``(B) an assurance that the area agency on aging
will, to the maximum extent practicable, coordinate the
services the agency provides under this title with
services provided under title VI; and
``(C) an assurance that the area agency on aging
will make services under the area plan available, to
the same extent as such services are available to older
individuals within the planning and service area, to
older Native Americans; and
``(12) provide that the area agency on aging will establish
procedures for coordination of services with entities
conducting other Federal or federally assisted programs for
older individuals at the local level, with particular emphasis
on entities conducting programs described in section 203(b)
within the planning and service area.'';
(12) by redesignating paragraph (14) as paragraph (13);
(13) by inserting after paragraph (13) (as redesignated by
paragraph (7)) the following:
``(14) provide assurances that funds received under this
title will not be used to pay any part of a cost (including an
administrative cost) incurred by the area agency on aging to
carry out a contract or commercial relationship that is not
carried out to implement this title; and
``(15) provide assurances that preference in receiving
services under this title will not be given by the area agency
on aging to particular older individuals as a result of a
contract or commercial relationship that is not carried out to
implement this title.''; and
(14) by striking paragraphs (17) through (20).
(b) Waivers.--Section 306(b) of the Older Americans Act of 1965 (42
U.S.C. 3026(b)) is amended--
(1) in paragraph (1), by striking ``(1)'' and inserting
before the period ``and had conducted a timely public hearing
upon request''; and
(2) by striking paragraph (2).
SEC. 306. STATE PLANS.
Section 307(a) of the Older Americans Act of 1965 (42 U.S.C.
3027(a)) is amended--
(1) by striking paragraphs (1) through (5) and inserting
the following:
``(1) The plan shall--
``(A) require each area agency on aging designated
under section 305(a)(2)(A) to develop and submit to the
State agency for approval, in accordance with a uniform
format developed by the State agency, an area plan
meeting the requirements of section 306; and
``(B) be based on such area plans.
``(2) The plan shall provide that the State agency will--
``(A) evaluate, using uniform procedures described
in section 202(a)(29), the need for supportive services
(including legal assistance pursuant to 307(a)(11),
information and assistance, and transportation
services), nutrition services, and multipurpose senior
centers within the State;
``(B) develop a standardized process to determine
the extent to which public or private programs and
resources (including volunteers and programs and
services of voluntary organizations) that have the
capacity and actually meet such need; and
``(C) specify a minimum proportion of the funds
received by each area agency on aging in the State to
carry out part B that will be expended (in the absence
of a waiver under sections 306(b) or 316) by such area
agency on aging to provide each of the categories of
services specified in section 306(a)(2).
``(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) (concerning 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 spend for each fiscal year, not
less than the amount expended for such services
for fiscal year 2000;
``(ii) identify, for each fiscal year to
which the plan applies, the projected costs of
providing such services (including the cost of
providing access to such services); and
``(iii) describe the methods used to meet
the needs for such services in the fiscal year
preceding the first year to which such plan
applies.
``(4) The plan shall provide that the State agency will
conduct periodic evaluations of, and public hearings on,
activities and projects carried out in the State under this
title and title VII, including evaluations of the effectiveness
of services provided to individuals with greatest economic
need, greatest social need, or disabilities, with particular
attention to low-income minority individuals and older
individuals residing in rural areas.
``(5) The plan shall provide that the State agency will--
``(A) afford an opportunity for a hearing upon
request, in accordance with published procedures, to
any area agency on aging submitting a plan under this
title, to any provider of (or applicant to provide)
services;
``(B) issue guidelines applicable to grievance
procedures required by section 306(a)(10); and
``(C) afford an opportunity for a public hearing,
upon request, by any area agency on aging, by any
provider of (or applicant to provide) services, or by
any recipient of services under this title regarding
any waiver request, including those under section
316.'';
(2) in paragraph (7), by striking subparagraph (C);
(3) by striking paragraphs (8) and (9) and inserting the
following:
``(8)(A) The plan shall provide that no supportive
services, nutrition services, or in-home services will be
directly provided by the State agency or an area agency on
aging in the State, unless, in the judgment of the State
agency--
``(i) provision of such services by the State
agency or the area agency on aging is necessary to
assure an adequate supply of such services;
``(ii) such services are directly related to such
State agency's or area agency on aging's administrative
functions; or
``(iii) such services can be provided more
economically, and with comparable quality, by such
State agency or area agency on aging.
``(B) Regarding case management services, if the State
agency or area agency on aging is already providing case
management services (as of the date of submission of the plan)
under a State program, the plan may specify that such agency is
allowed to continue to provide case management services.
``(C) The plan may specify that an area agency on aging is
allowed to directly provide information and assistance services
and outreach.
``(9) The plan shall provide assurances that the State
agency will carry out, through the Office of the State Long-
Term Care Ombudsman, a State Long-Term Care Ombudsman program
in accordance with section 712 and this title, and will expend
for such purpose an amount that is not less than an amount
expended by the State agency with funds received under this
title for fiscal year 2000, and an amount that is not less than
the amount expended by the State agency with funds received
under title VII for fiscal year 2000.'';
(4) by striking paragraph (10) and inserting the following:
``(10) The plan shall provide assurances that the special
needs of older individuals residing in rural areas will be
taken into consideration and shall describe how those needs
have been met and describe how funds have been allocated to
meet those needs.'';
(5) by striking paragraphs (11), (12), (13), and (14);
(6) by redesignating paragraphs (15) and (16) as paragraphs
(11) and (12), respectively;
(7) by striking paragraph (17);
(8) by redesignating paragraph (18) as paragraph (13);
(9) by striking paragraph (19);
(10) by redesignating paragraph (20) as paragraph (14);
(11) by striking paragraphs (21) and (22);
(12) by redesignating paragraphs (23), (24), (25), and (26)
as paragraphs (15), (16), (17), and (18), respectively;
(13) in paragraph (16) (as redesignated by paragraph (12)),
by inserting ``and older individuals residing in rural areas''
after ``low-income minority individuals'' each place it
appears;
(14) in paragraph (17) (as redesignated by paragraph (12)),
by inserting ``to enhance services'' before ``and develop
collaborative programs'';
(15) in paragraph (18) (as redesignated by paragraph (12)),
by striking ``section 306(a)(6)(I)'' and inserting ``section
306(a)(7)'';
(16) by striking paragraphs (27), (28), (29), and (31);
(17) by redesignating paragraphs (30) and (32) as
paragraphs (19) and (20), respectively;
(18) by striking paragraphs (33), (34), and (35) and
inserting the following:
``(21) The plan shall--
``(A) provide an assurance that the State agency
will coordinate programs under this title and programs
under title VI, if applicable; and
``(B) provide an assurance that the State agency
will pursue activities to increase access by older
individuals who are Native Americans to all aging
programs and benefits provided by the agency, including
programs and benefits provided under this title, if
applicable, and specify the ways in which the State
agency intends to implement the activities.'';
(19) by redesignating paragraph (36) as paragraph (22);
(20) by striking paragraphs (37), (38), (39), (40), and
(43);
(21) by redesignating paragraphs (41), (42), and (44) as
paragraphs (23), (24), and (25), respectively; and
(22) by adding at the end the following:
``(26) The plan shall provide assurances that funds
received under this title will not be used to pay any part of a
cost (including an administrative cost) incurred by the State
agency or an area agency on aging to carry out a contract or
commercial relationship that is not carried out to implement
this title.''.
SEC. 307. PLANNING, COORDINATION, EVALUATION, AND ADMINISTRATION OF
STATE PLANS.
Section 308(b) of the Older Americans Act of 1965 (42 U.S.C.
3028(b)) is amended--
(1) in paragraph (4)--
(A) in subparagraph (A)--
(i) by striking ``in its plan under section
307(a)(13) regarding Part C of this title,'';
and
(ii) by striking ``30 percent'' and
inserting ``40 percent'';
(B) in subparagraph (B)--
(i) by striking ``for fiscal year 1993,
1994, 1995, or 1996'' and inserting ``for any
fiscal year''; and
(ii) by striking ``to satisfy such need--''
and all that follows and inserting ``to satisfy
such need an additional 10 percent of the funds
so received by a State and attributable to
funds appropriated under paragraph (1) or (2)
of section 303(b).''; and
(C) by adding at the end the following:
``(C) A State's request for a waiver under subparagraph (B) shall--
``(i) be not more than 1 page in length;
``(ii) include a request that the waiver be granted;
``(iii) specify the amount of the funds received by a State
and attributable to funds appropriated under paragraph (1) or
(2) of section 303(b), over the permissible 40 percent referred
to in subparagraph (A), that the State requires to satisfy the
need for services under subpart 1 or 2 of part C; and
``(iv) not include a request for a waiver with respect to
an amount if the transfer of the amount would jeopardize the
appropriate provision of services under subpart 1 or 2 of part
C.''; and
(2) by striking paragraph (5) and inserting the following:
``(5)(A)Notwithstanding any other provision of this title, of the
funds received by a State attributable to funds appropriated under
subsection (a)(1), and paragraphs (1) and (2) of subsection (b), of
section 303, the State may elect to transfer not more than 30 percent
for any fiscal year between programs under part B and part C, for use
as the State considers appropriate. The State shall notify the
Assistant Secretary of any such election.
``(B) At a minimum, the notification described in subparagraph (A)
shall include a description of the amount to be transferred, the
purposes of the transfer, the need for the transfer, and the impact of
the transfer on the provision of services from which the funding will
be transferred.''.
SEC. 308. AVAILABILITY OF DISASTER RELIEF FUNDS TO TRIBAL
ORGANIZATIONS.
Section 310 of the Older Americans Act of 1965 (42 U.S.C. 3030) is
amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by inserting ``(or to any tribal
organization receiving a grant under title
VI)'' after ``any State''; and
(ii) by inserting ``(or funds used by such
tribal organization)'' before ``for the
delivery of supportive services'';
(B) in paragraph (2), by inserting ``and such
tribal organizations'' after ``States''; and
(C) in paragraph (3), by inserting ``or such tribal
organization'' after ``State'' each place it appears;
and
(2) in subsections (b)(1) and (c), by inserting ``and such
tribal organizations'' after ``States''.
SEC. 309. NUTRITION SERVICES INCENTIVE PROGRAM.
Section 311 of the Older Americans Act of 1965 (42 U.S.C. 3030a) is
amended--
(1) in the section heading, by striking ``availability of
surplus commodities'' and inserting ``nutrition services
incentive program'';
(2) by redesignating subsections (a), (b), (c), and (d) as
subsections (c), (d), (e), and (f), respectively;
(3) by inserting before subsection (c) (as redesignated by
paragraph (2)) the following:
``(a) The purpose of this section is to provide incentives to
encourage and reward effective performance by States and tribal
organizations in the efficient delivery of nutritious meals to older
individuals.
``(b)(1) The Secretary of Agriculture shall allot and provide in
the form of cash or commodities or a combination thereof (at the
discretion of the State) to each State agency with a plan approved
under this title for a fiscal year, and to each grantee with an
application approved under title VI for such fiscal year, an amount
bearing the same ratio to the total amount appropriated for such fiscal
year under subsection (e) as the number of meals served in the State
under such plan approved for the preceding fiscal year (or the number
of meals served by the title VI grantee, under such application
approved for such preceding fiscal year), bears to the total number of
such meals served in all States and by all title VI grantees under all
such plans and applications approved for such preceding fiscal year.
``(2) For purposes of paragraph (1), in the case of a grantee that
has an application approved under title VI for a fiscal year but that
did not receive assistance under this section for the preceding fiscal
year, the number of meals served by the title VI grantee for the
preceding fiscal year shall be deemed to equal the number of meals that
the Assistant Secretary estimates will be served by the title VI
grantee in the fiscal year for which the application was approved.'';
(4) in subsection (c) (as redesignated by paragraph (2)),
by striking paragraph (4);
(5) in subsection (d) (as redesignated by paragraph (2)),
by striking ``Notwithstanding'' through ``election'' and
inserting ``In any case in which a State elects to receive cash
payments,'';
(6) in subsection (d) (as redesignated by paragraph (2)),
by adding at the end the following:
``(4) Among the commodities delivered under subsection (c), the
Secretary of Agriculture shall give special emphasis to high protein
foods. The Secretary of Agriculture, in consultation with the Assistant
Secretary, is authorized to prescribe the terms and conditions
respecting the donating of commodities under this subsection.''; and
(7) by striking subsection (e) (as redesignated by
paragraph (2)) and inserting the following:
``(e) There are authorized to be appropriated to carry out this
section (other than subsection (c)(1)) such sums as may be necessary
for fiscal year 2001 and such sums as may be necessary for each of the
4 succeeding fiscal years.''.
SEC. 310. CONSUMER CONTRIBUTIONS AND WAIVERS.
Part A of title III (42 U.S.C. 3021 et seq.) is amended by adding
at the end the following:
``SEC. 315. CONSUMER CONTRIBUTIONS.
``(a) Cost Sharing.--
``(1) In general.--Except as provided in paragraphs (2) and
(3), a State is permitted to implement cost sharing for all
services funded by this Act by recipients of the services.
``(2) Exception.--The State is not permitted to implement
the cost sharing described in paragraph (1) for the following
services:
``(A) Information and assistance, outreach,
benefits counseling, or case management services.
``(B) Ombudsman, elder abuse prevention, legal
assistance, or other consumer protection services.
``(C) Congregate and home delivered meals.
``(D) Any services delivered through tribal
organizations.
``(3) Prohibitions.--A State or tribal organization shall
not permit the cost sharing described in paragraph (1) for any
services delivered through tribal organizations. A State shall
not permit cost sharing by a low-income older individual if the
income of such individual is at or below the Federal poverty
line. A State may exclude from cost sharing low-income
individuals whose incomes are above the Federal poverty line. A
State shall not consider any assets, savings, or other property
owned by older individuals when defining low-income individuals
who are exempt from cost sharing, when creating a sliding scale
for the cost sharing, or when seeking contributions from any
older individual.
``(4) Payment rates.--If a State permits the cost sharing
described in paragraph (1), such State shall establish a
sliding scale, based solely on individual income and the cost
of delivering services.
``(5) Requirements.--If a State permits the cost sharing
described in paragraph (1), such State shall require each area
agency on aging in the State to ensure that each service
provider involved, and the area agency on aging, will--
``(A) protect the privacy and confidentiality of
each older individual with respect to the declaration
or nondeclaration of individual income and to any share
of costs paid or unpaid by an individual;
``(B) establish appropriate procedures to safeguard
and account for cost share payments;
``(C) use each collected cost share payment to
expand the service for which such payment was given;
``(D) not consider assets, savings, or other
property owned by an older individual in determining
whether cost sharing is permitted;
``(E) not deny any service for which funds are
received under this Act for an older individual due to
the income of such individual or such individual's
failure to make a cost sharing payment;
``(F) determine the eligibility of older
individuals to cost share solely by a confidential
declaration of income and with no requirement for
verification; and
``(G) widely distribute State created written
materials in languages reflecting the reading abilities
of older individuals that describe the criteria for
cost sharing, the State's sliding scale, and the
mandate described under subparagraph (E).
``(6) Waiver.--An area agency on aging may request a waiver
to the State's cost sharing policies, and the State shall
approve such a waiver if the area agency on aging can
adequately demonstrate that--
``(A) a significant proportion of persons receiving
services under this Act subject to cost sharing in the
planning and service area have incomes below the
threshold established in State policy; or
``(B) cost sharing would be an unreasonable
administrative or financial burden upon the area agency
on aging.
``(b) Voluntary Contributions.--
``(1) In general.--Voluntary contributions shall be allowed
and may be solicited for all services for which funds are
received under this Act provided that the method of
solicitation is noncoercive.
``(2) Local decision.--The area agency on aging shall
consult with the relevant service providers and older
individuals in agency's planning and service area in a State to
determine the best method for accepting voluntary contributions
under this subsection.
``(3) Prohibited acts.--The area agency on aging and
service providers shall not means test for any service for
which contributions are accepted or deny services to any
individual who does not contribute to the cost of the service.
``(4) Required acts.--The area agency on aging shall ensure
that each service provider will--
``(A) provide each recipient with an opportunity to
voluntarily contribute to the cost of the service;
``(B) clearly inform each recipient that there is
no obligation to contribute and that the contribution
is purely voluntary;
``(C) protect the privacy and confidentiality of
each recipient with respect to the recipient's
contribution or lack of contribution;
``(D) establish appropriate procedures to safeguard
and account for all contributions; and
``(E) use all collected contributions to expand the
service for which the contributions were given.
``(c) Participation.--
``(1) In general.--The State and area agencies on aging, in
conducting public hearings on State and area plans, shall
solicit the views of older individuals, providers, and other
stakeholders on implementation of cost-sharing in the service
area or the State.
``(2) Plans.--Prior to the implementation of cost sharing
under subsection (a), each State and area agency on aging shall
develop plans that are designed to ensure that the
participation of low-income older individuals (with particular
attention to low-income minority individuals and older
individuals residing in rural areas) receiving services will
not decrease with the implementation of the cost sharing under
such subsection.
``(d) Evaluation.--Not later than 1 year after the date of
enactment of the Older Americans Act Amendments of 2000, and annually
thereafter, the Assistant Secretary shall conduct a comprehensive
evaluation of practices for cost sharing to determine its impact on
participation rates with particular attention to low-income and
minority older individuals and older individuals residing in rural
areas. If the Assistant Secretary finds that there is a disparate
impact upon low-income or minority older individuals or older
individuals residing in rural areas in any State or region within the
State regarding the provision of services, the Assistant Secretary
shall take corrective action to assure that such services are provided
to all older individuals without regard to the cost sharing criteria.
``SEC. 316. WAIVERS.
``(a) In General.--The Assistant Secretary may waive any of the
provisions specified in subsection (b) with respect to a State, upon
receiving an application by the State agency containing or accompanied
by documentation sufficient to establish, to the satisfaction of the
Assistant Secretary, that--
``(1) approval of the State legislature has been obtained
or is not required with respect to the proposal for which
waiver is sought;
``(2) the State agency has collaborated with the area
agencies on aging in the State and other organizations that
would be affected with respect to the proposal for which waiver
is sought;
``(3) the proposal has been made available for public
review and comment, including the opportunity for a public
hearing upon request, within the State (and a summary of all of
the comments received has been included in the application);
and
``(4) the State agency has given adequate consideration to
the probable positive and negative consequences of approval of
the waiver application, and the probable benefits for older
individuals can reasonably be expected to outweigh any negative
consequences, or particular circumstances in the State
otherwise justify the waiver.
``(b) Requirements Subject to Waiver.--The provisions of this title
that may be waived under this section are--
``(1) any provision of sections 305, 306, and 307 requiring
statewide uniformity of programs carried out under this title,
to the extent necessary to permit demonstrations, in limited
areas of a State, of innovative approaches to assist older
individuals;
``(2) any area plan requirement described in section 306(a)
if granting the waiver will promote innovations or improve
service delivery and will not diminish services already
provided under this Act;
``(3) any State plan requirement described in section
307(a) if granting the waiver will promote innovations or
improve service delivery and will not diminish services already
provided under this Act;
``(4) any restriction under paragraph (5) of section
308(b), on the amount that may be transferred between programs
carried out under part B and part C; and
``(5) the requirement of section 309(c) that certain
amounts of a State allotment be used for the provision of
services, 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 the expenditures is not reduced below
any minimum specified in section 304(d) or any other provision
of this title).
``(c) Duration of Waiver.--The application by a State agency for a
waiver under this section shall include a recommendation as to the
duration of the waiver (not to exceed the duration of the State plan of
the State). The Assistant Secretary, in granting such a waiver, shall
specify the duration of the waiver, which may be the duration
recommended by the State agency or such shorter time period as the
Assistant Secretary finds to be appropriate.
``(d) Reports to Secretary.--With respect to each waiver granted
under this section, not later than 1 year after the expiration of such
waiver, and at any time during the waiver period that the Assistant
Secretary may require, the State agency shall prepare and submit to the
Assistant Secretary a report evaluating the impact of the waiver on the
operation and effectiveness of programs and services provided under
this title.''.
SEC. 311. SUPPORTIVE SERVICES AND SENIOR CENTERS.
Section 321 of the Older Americans Act of 1965 (42 U.S.C. 3030d) is
amended--
(1) in subsection (a)--
(A) in paragraph (2), by striking ``or both'' and
inserting ``and services provided by an area agency on
aging, in conjunction with local transportation service
providers, public transportation agencies, and other
local government agencies, that result in increased
provision of such transportation services for older
individuals'';
(B) in paragraph (4), by striking ``or (D)'' and
all that follows and inserting ``or (D) to assist older
individuals in obtaining housing for which assistance
is provided under programs of the Department of Housing
and Urban Development;'';
(C) in paragraph (5), by striking ``including'' and
all that follows and inserting the following:
``including--
``(A) client assessment, case management services,
and development and coordination of community services;
``(B) supportive activities to meet the special
needs of caregivers, including caretakers who provide
in-home services to frail older individuals; and
``(C) 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;'';
(D) in paragraph (12), by inserting before the
semicolon the following: ``, and including the
coordination of the services with programs administered
by or receiving assistance from the Department of
Labor, including programs carried out under the
Workforce Investment Act of 1998 (29 U.S.C. 2801 et
seq.)'';
(E) in paragraph (21), by striking ``or'';
(F) by inserting after paragraph (21) the
following:
``(22) in-home services for frail older individuals,
including individuals with Alzheimer's disease and related
disorders with neurological and organic brain dysfunction, and
their families, including in-home services defined by a State
agency in the State plan submitted under section 307, taking
into consideration the age, economic need, and noneconomic and
nonhealth factors contributing to the frail condition and need
for services of the individuals described in this paragraph,
and in-home services defined by an area agency on aging in the
area plan submitted under section 306.'';
(G) by redesignating paragraph (22) as paragraph
(23); and
(H) in paragraph (23) (as redesignated by
subparagraph (G)), by inserting ``necessary for the
general welfare of older individuals'' before the
semicolon; and
(2) by adding at the end the following:
``(c) In carrying out the provisions of this part, to more
efficiently and effectively deliver services to older individuals, each
area agency on aging shall coordinate services described in subsection
(a) with other community agencies and voluntary organizations providing
the same services. In coordinating the services, the area agency on
aging shall make efforts to coordinate the services with agencies and
organizations carrying out intergenerational programs or projects.
``(d) Funds made available under this part shall supplement, and
not supplant, any Federal, State, or local funds expended by a State or
unit of general purpose local government (including an area agency on
aging) to provide services described in subsection (a).''.
SEC. 312. NUTRITION SERVICES.
(a) Repeal.--Subpart 3 of part C of title III of the Older
Americans Act of 1965 (42 U.S.C. 3030g-11 et seq.) is repealed.
(b) Redesignation.--Part C of title III of the Older Americans Act
of 1965 (42 U.S.C. 3030e et seq.) is amended by redesignating subpart 4
as subpart 3.
(c) Program Authorized.--Section 331(2) of the Older Americans Act
of 1965 (42 U.S.C. 3030e(2)) is amended by inserting ``, including
adult day care facilities and multigenerational meal sites'' before the
semi-colon.
SEC. 313. NUTRITION REQUIREMENTS.
Subpart 4 of part C of title III of the Older Americans Act of 1965
(42 U.S.C. 3030g-21) is amended by striking section 339 and inserting
the following:
``SEC. 339. NUTRITION.
``A State that establishes and operates a nutrition project under
this chapter shall--
``(1) solicit the advice of a dietitian or individual with
comparable expertise in the planning of nutritional services,
and
``(2) ensure that the project--
``(A) provides meals that--
``(i) comply with the Dietary Guidelines
for Americans, published by the Secretary and
the Secretary of Agriculture,
``(ii) provide to each participating older
individual--
``(I) a minimum of 33 \1/3\ percent
of the daily recommended dietary
allowances as established by the Food
and Nutrition Board of the Institute of
Medicine of the National Academy of
Sciences, if the project provides 1
meal per day,
``(II) a minimum of 66\2/3\ percent
of the allowances if the project
provides 2 meals per day, and
``(III) 100 percent of the
allowances if the project provides 3
meals per day, and
``(iii) to the maximum extent practicable,
are adjusted to meet any special dietary needs
of program participants,
``(B) provides flexibility to local nutrition
providers in designing meals that are appealing to
program participants,
``(C) encourages providers to enter into contracts
that limit the amount of time meals must spend in
transit before they are consumed,
``(D) where feasible, encourages arrangements with
schools and other facilities serving meals to children
in order to promote intergenerational meal programs,
``(E) provides that meals, other than in-home
meals, are provided in settings in as close proximity
to the majority of eligible older individuals'
residences as feasible,
``(F) comply with applicable provisions of State or
local laws regarding the safe and sanitary handling of
food, equipment, and supplies used in the storage,
preparation, service, and delivery of meals to an older
individual,
``(G) ensures that meal providers carry out such
project with the advice of dietitians (or individuals
with comparable expertise), meal participants, and
other individuals knowledgeable with regard to the
needs of older individuals,
``(H) ensures that each participating area agency
on aging establishes procedures that allow nutrition
project administrators the option to offer a meal, on
the same basis as meals provided to participating older
individuals, to individuals providing volunteer
services during the meal hours, and to individuals with
disabilities who reside at home with and accompany
older individuals eligible under this chapter,
``(I) ensures that nutrition services will be
available to older individuals and to their spouses,
and may be made available to individuals with
disabilities who are not older individuals but who
reside in housing facilities occupied primarily by
older individuals at which congregate nutrition
services are provided, and
``(J) provide for nutrition screening and, where
appropriate, for nutrition education and counseling.
SEC. 314. IN-HOME SERVICES AND ADDITIONAL ASSISTANCE.
Title III of the Older Americans Act of 1965 (42 U.S.C. 3021 et
seq.) is amended--
(1) by repealing parts D and E; and
(2) by redesignating part F as part D.
SEC. 315. DEFINITION.
Section 363 of the Older Americans Act of 1965 (42 U.S.C. 3030o) is
repealed.
SEC. 316. NATIONAL FAMILY CAREGIVER SUPPORT PROGRAM.
Title III of the Older Americans Act of 1965 (42 U.S.C. 3021 et
seq.) is amended--
(1) by repealing part G; and
(2) by inserting after part D (as redesignated by section
313(2)) the following:
``PART E--NATIONAL FAMILY CAREGIVER SUPPORT PROGRAM
``SEC. 371. SHORT TITLE.
``This part may be cited as the `National Family Caregiver Support
Act'.
``Subpart 1--Caregiver Support Program
``SEC. 372. DEFINITIONS.
``In this subpart:
``(1) Child.--The term `child' means an individual who is
not more than 18 years of age.
``(2) Family caregiver.--The term `family caregiver' means
an adult family member, or another individual, who is an
informal provider of in-home and community care to an older
individual.
``(3) Grandparent or older individual who is a relative
caregiver.--The term `grandparent or older individual who is a
relative caregiver' means a grandparent or stepgrandparent of a
child, or a relative of a child by blood or marriage, who is 60
years of age or older and--
``(A) lives with the child;
``(B) is the primary caregiver of the child because
the biological or adoptive parents are unable or
unwilling to serve as the primary caregiver of the
child; and
``(C) has a legal relationship to the child, as
such legal custody or guardianship, or is raising the
child informally.
``SEC. 373. PROGRAM AUTHORIZED.
``(a) In General.--The Assistant Secretary shall carry out a
program for making grants to States with State plans approved under
section 307, to pay for the Federal share of the cost of carrying out
State programs, to enable area agencies on aging, or entities that such
area agencies on aging contract with, to provide multifaceted systems
of support services--
``(1) for family caregivers; and
``(2) for grandparents or older individuals who are
relative caregivers.
``(b) Support Services.--The services provided, in a State program
under subsection (a), by an area agency on aging, or entity that such
agency has contracted with, shall include--
``(1) information to caregivers about available services;
``(2) assistance to caregivers in gaining access to the
services;
``(3) individual counseling, organization of support
groups, and caregiver training to caregivers to assist the
caregivers in making decisions and solving problems relating to
their caregiving roles;
``(4) respite care to enable caregivers to be temporarily
relieved from their caregiving responsibilities; and
``(5) supplemental services, on a limited basis, to
complement the care provided by caregivers.
``(c) Population Served; Priority.--
``(1) Population served.--Services under a State program
under this subpart shall be provided to family caregivers, and
grandparents and older individuals who are relative caregivers,
and who--
``(A) are described in paragraph (1) or (2) of
subsection (a); and
``(B) with regard to the services specified in
paragraphs (4) and (5) of subsection (b), in the case
of a caregiver described in paragraph (1), is providing
care to an older individual who meets the condition
specified in subparagraph (A)(i) or (B) of section
102(28).
``(2) Priority.--In providing services under this subpart,
the State shall give priority for services to older individuals
with greatest social and economic need, (with particular
attention to low-income older individuals) and older
individuals providing care and support to persons with mental
retardation and related developmental disabilities (as defined
in section 102 of the Developmental Disabilities Assistance and
Bill of Rights Act (42 U.S.C. 6001)) (referred to in this
subpart as `developmental disabilities').
``(d) Coordination With Service Providers.--In carrying out this
subpart, each area agency on aging shall coordinate the activities of
the agency, or entity that such agency has contracted with, with the
activities of other community agencies and voluntary organizations
providing the types of services described in subsection (b).
``(e) Quality Standards and Mechanisms and Accountability.--
``(1) Quality standards and mechanisms.--The State shall
establish standards and mechanisms designed to assure the
quality of services provided with assistance made available
under this subpart.
``(2) Data and records.--The State shall collect data and
maintain records relating to the State program in a
standardized format specified by the Assistant Secretary. The
State shall furnish the records to the Assistant Secretary, at
such time as the Assistant Secretary may require, in order to
enable the Assistant Secretary to monitor State program
administration and compliance, and to evaluate and compare the
effectiveness of the State programs.
``(3) Reports.--The State shall prepare and submit to the
Assistant Secretary reports on the data and records required
under paragraph (2), including information on the services
funded under this subpart, and standards and mechanisms by
which the quality of the services shall be assured.
``(f) Caregiver Allotment.--
``(1) In general.--
``(A) From sums appropriated under section 303(e)
for fiscal years 2001 through 2005, the Assistant
Secretary shall allot amounts among the States
proportionately based on the population of individuals
70 years of age or older in the States.
``(B) In determining the amounts allotted to States
from the sums appropriated under section 303 for a
fiscal year, the Assistant Secretary shall first
determine the amount allotted to each State under
subparagraph (A) and then proportionately adjust such
amounts, if necessary, to meet the requirements of
paragraph (2).
``(C) The number of individuals 70 years of age or
older in any State and in all States shall be
determined by the Assistant Secretary on the basis of
the most recent data available from the Bureau of the
Census and other reliable demographic data satisfactory
to the Assistant Secretary.
``(2) Minimum allotment.--
``(A) The amounts allotted under paragraph (1)
shall be reduced proportionately to the extent
necessary to increase other allotments under such
paragraph to achieve the amounts described in
subparagraph (B).
``(B)(i) Each State shall be allotted \1/2\ of 1
percent of the amount appropriated for the fiscal year
for which the determination is made.
``(ii) Guam and the Virgin Islands of the United
States shall each be allotted \1/4\ of 1 percent of the
amount appropriated for the fiscal year for which the
determination is made.
``(iii) American Samoa and the Commonwealth of the
Northern Mariana Islands shall each be allotted \1/16\
of 1 percent of the amount appropriated for the fiscal
year for which the determination is made.
``(C) For the purposes of subparagraph (B)(i), the
term `State' does not include Guam, American Samoa, the
Virgin Islands of the United States, and the
Commonwealth of the Northern Mariana Islands.
``(g) Availability of Funds.--
``(1) Use of funds for administration of area plans.--
Amounts made available to a State to carry out the State
program under this subpart may be used, in addition to amounts
available in accordance with section 303(c)(1), for costs of
administration of area plans.
``(2) Federal share.--
``(A) In general.--Notwithstanding section
304(d)(1)(D), the Federal share of the cost of carrying
out a State program under this subpart shall be 75
percent.
``(B) Non-federal share.--The non-Federal share of
the cost shall be provided from State and local
sources.
``(C) Limitation.--A State may use not more than 10
percent of the total Federal and non-Federal share
available to the State to provide support services to
grandparents and older individuals who are relative
caregivers.
``SEC. 374. MAINTENANCE OF EFFORT.
``Funds made available under this subpart shall supplement, and not
supplant, any Federal, State, or local funds expended by a State or
unit of general purpose local government (including an area agency on
aging) to provide services described in section 373.
``Subpart 2--National Innovation Programs
``SEC. 375. INNOVATION GRANT PROGRAM.
``(a) In General.--The Assistant Secretary shall carry out a
program for making grants on a competitive basis to foster the
development and testing of new approaches to sustaining the efforts of
families and other informal caregivers of older individuals, and to
serving particular groups of caregivers of older individuals, including
low-income caregivers and geographically distant caregivers and linking
family support programs with the State entity or agency that
administers or funds programs for persons with mental retardation or
related developmental disabilities and their families.
``(b) Evaluation and Dissemination of Results.--The Assistant
Secretary shall provide for evaluation of the effectiveness of programs
and activities funded with grants made under this section, and for
dissemination to States of descriptions and evaluations of such
programs and activities, to enable States to incorporate successful
approaches into their programs carried out under this part.
``(c) Sunset Provision.--This section shall be effective for 3
fiscal years after the date of enactment of the Older Americans Act
Amendments of 2000.
``SEC. 376. ACTIVITIES OF NATIONAL SIGNIFICANCE.
``(a) In General.--The Assistant Secretary shall, directly or by
grant or contract, carry out activities of national significance to
promote quality and continuous improvement in the support provided to
family and other informal caregivers of older individuals through
program evaluation, training, technical assistance, and research.
``(b) Sunset Provision.--This section shall be effective for 3
fiscal years after the date of enactment of the Older Americans Act
Amendments of 2000.''.
TITLE IV--TRAINING, RESEARCH, AND DISCRETIONARY PROJECTS AND PROGRAMS
SEC. 401. PROJECTS AND PROGRAMS
Title IV of the Older Americans Act of 1965 (42 U.S.C. 3030aa et
seq.) is amended to read as follows:
``SEC. 401. PURPOSES.
``The purposes of this title are--
``(1) to expand the Nation's knowledge and understanding of
the older population and the aging process;
``(2) to design, test, and promote the use of innovative
ideas and best practices in programs and services for older
individuals;
``(3) to help meet the needs for trained personnel in the
field of aging; and
``(4) to increase awareness of citizens of all ages of the
need to assume personal responsibility for their own longevity.
``PART A--GRANT PROGRAMS
``SEC. 411. PROGRAM AUTHORIZED.
``(a) In General.--For the purpose of carrying out this section,
the Assistant Secretary may make grants to and enter into contracts
with States, public agencies, private nonprofit agencies, institutions
of higher education, and organizations, including tribal organizations,
for--
``(1) education and training to develop an adequately
trained workforce to work with and on behalf of older
individuals;
``(2) applied social research and analysis to improve
access to and delivery of services for older individuals;
``(3) evaluation of the performance of the programs,
activities, and services provided under this section;
``(4) the development of methods and practices to improve
the quality and effectiveness of the programs, services, and
activities provided under this section;
``(5) the demonstration of new approaches to design,
deliver, and coordinate programs and services for older
individuals;
``(6) technical assistance in planning, developing,
implementing, and improving the programs, services, and
activities provided under this section;
``(7) coordination with the designated State agency
described in section 101(a)(2)(A)(i) of the Rehabilitation Act
of 1973 (29 U.S.C. 721(a)(2)(A)(i)) to provide services to
older individuals who are blind as described in such Act;
``(8) the training of graduate level professionals
specializing in the mental health needs of older individuals;
and
``(9) any other activities that the Assistant Secretary
determines will achieve the objectives of this section.
``(b) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for fiscal year 2001, and such sums as may be necessary for subsequent
fiscal years.
``SEC. 412. CAREER PREPARATION FOR THE FIELD OF AGING.
``(a) Grants.--The Assistant Secretary shall make grants to
institutions of higher education, historically Black colleges or
universities, Hispanic Centers of Excellence in Applied Gerontology,
and other educational institutions that serve the needs of minority
students, to provide education and training to prepare students for
careers in the field of aging.
``(b) Definitions.--For purposes of subsection (a):
``(1) Hispanic center of excellence in applied
gerontology.--The term `Hispanic Center of Excellence in
Applied Gerontology' means an institution of higher education
with a program in applied gerontology that--
``(A) has a significant number of Hispanic
individuals enrolled in the program, including
individuals accepted for enrollment in the program;
``(B) has been effective in assisting Hispanic
students of the program to complete the program and
receive the degree involved;
``(C) has been effective in recruiting Hispanic
individuals to attend the program, including providing
scholarships and other financial assistance to such
individuals and encouraging Hispanic students of
secondary educational institutions to attend the
program; and
``(D) has made significant recruitment efforts to
increase the number and placement of Hispanic
individuals serving in faculty or administrative
positions in the program.
``(2) Historically black college or university.--The term
`historically Black college or university' has the meaning
given the term `part B institution' in section 322(2) of the
Higher Education Act of 1965 (20 U.S.C. 1061(2)).
``SEC. 413. OLDER INDIVIDUALS' PROTECTION FROM VIOLENCE PROJECTS.
``(a) Program Authorized.--The Assistant Secretary shall make
grants to States, area agencies on aging, nonprofit organizations, or
tribal organizations to carry out the activities described in
subsection (b).
``(b) Activities.--A State, an area agency on aging, a nonprofit
organization, or a tribal organization that receives a grant under
subsection (a) shall use such grant to--
``(1) support projects in local communities, involving
diverse sectors of each community, to coordinate activities
concerning intervention in and prevention of elder abuse,
neglect, and exploitation, including family violence and sexual
assault, against older individuals;
``(2) develop and implement outreach programs directed
toward assisting older individuals who are victims of elder
abuse, neglect, and exploitation (including family violence and
sexual assault, against older individuals), including programs
directed toward assisting the individuals in senior housing
complexes, nursing homes, board and care facilities, and senior
centers;
``(3) expand access to family violence and sexual assault
programs (including shelters, rape crisis centers, and support
groups), including mental health services, safety planning and
legal advocacy for older individuals and encourage the use of
senior housing, hotels, or other suitable facilities or
services when appropriate as emergency short-term shelters for
older individuals who are the victims of elder abuse, including
family violence and sexual assault; or
``(4) promote research on legal, organizational, or
training impediments to providing services to older individuals
through shelters and other programs, such as impediments to
provision of services in coordination with delivery of health
care or services delivered under this Act.
``(c) Preference.--In awarding grants under subsection (a), the
Assistant Secretary shall give preference to a State, an area agency on
aging, a nonprofit organization, or a tribal organization that has the
ability to carry out the activities described in this section and title
VII of this Act.
``(d) Coordination.--The Assistant Secretary shall encourage each
State, area agency on aging, nonprofit organization, and tribal
organization that receives a grant under subsection (a) to coordinate
activities provided under this section with activities provided by
other area agencies on aging, tribal organizations, State adult
protective service programs, private nonprofit organizations, and by
other entities receiving funds under title VII of this Act.
``SEC. 414. HEALTH CARE SERVICE DEMONSTRATION PROJECTS IN RURAL AREAS.
``(a) Authority.--The Assistant Secretary, after consultation with
the State agency of the State involved, shall make grants to eligible
public agencies and nonprofit private organizations to pay part or all
of the cost of developing or operating model health care service
projects (including related home health care services, adult day health
care, outreach, and transportation) through multipurpose senior centers
that are located in rural areas and that provide nutrition services
under section 331, to meet the health care needs of medically
underserved older individuals residing in such areas.
``(b) Eligibility.--To be eligible to receive a grant under
subsection (a), a public agency or nonprofit private organization shall
submit to the Assistant Secretary an application containing such
information and assurances as the Secretary may require, including--
``(1) information describing the nature and extent of the
applicant's--
``(A) experience in providing medical services of
the type to be provided in the project for which a
grant is requested; and
``(B) coordination and cooperation with--
``(i) institutions of higher education
having graduate programs with capability in
public health, the medical sciences,
psychology, pharmacology, nursing, social work,
health education, nutrition, or gerontology,
for the purpose of designing and developing
such project; and
``(ii) critical access hospitals (as
defined in section 1861(mm)(1) of the Social
Security Act (42 U.S.C. 1395x(mm)(1)) and rural
health clinics (as defined in section
1861(aa)(2) of the Social Security Act (42
U.S.C. 1395x(aa)(2)));
``(2) assurances that the applicant will carry out the
project for which a grant is requested, through a multipurpose
senior center located--
``(A)(i) in a rural area that has a population of
less than 5,000; or
``(ii) in a county that has fewer than 7
individuals per square mile; and
``(B) in a State in which--
``(i) not less than 33\1/3\ of the
population resides in rural areas; and
``(ii) not less than 5 percent of the
population resides in counties with fewer than
7 individuals per square mile;
as defined by and determined in accordance with the
most recent data available from the Bureau of the
Census; and
``(3) assurances that the applicant will submit to the
Assistant Secretary such evaluations and reports as the
Assistant Secretary may require.
``(c) Reports.--The Assistant Secretary shall prepare and submit to
the appropriate committees of Congress a report that includes summaries
of the evaluations and reports required under subsection (b).
``SEC. 415. COMPUTER TRAINING.
``(a) Program Authorized.--The Assistant Secretary, in consultation
with the Assistant Secretary of Commerce for Communications and
Information, may award grants or contracts to entities to provide
computer training and enhanced Internet access for older individuals.
``(b) Priority.--If the Assistant Secretary awards grants under
subsection (a), the Assistant Secretary shall give priority to an
entity that--
``(1) will provide services to older individuals living in
rural areas;
``(2) has demonstrated expertise in providing computer
training to older individuals; or
``(3) has demonstrated that it has a variety of training
delivery methods, including facility-based, computer-based, and
Internet-based training, that may facilitate a determination of
the best method of training older individuals.
``(c) Special Consideration.--In awarding grants under this
section, the Assistant Secretary shall give special consideration to
applicants that have entered into a partnership with 1 or more private
entities providing such applicants with donated information
technologies including software, hardware, or training.
``(d) Use of Funds.--An entity that receives a grant or contract
under subsection (a) shall use funds received under such grant or
contract to provide training for older individuals that--
``(1) relates to the use of computers and related
equipment, in order to improve the self-employment and
employment-related technology skills of older individuals, as
well as their ability to use the Internet; and
``(2) is provided at senior centers, housing facilities for
older individuals, elementary schools, secondary schools, and
institutions of higher education.
``SEC. 416. TECHNICAL ASSISTANCE TO IMPROVE TRANSPORTATION FOR SENIORS.
``(a) In General.--The Secretary may award grants or contracts to
nonprofit organizations to improve transportation services for older
individuals.
``(b) Use of Funds.--A nonprofit organization receiving a grant or
contract under subsection (a) shall use funds received under such grant
or contract to provide technical assistance to assist local transit
providers, area agencies on aging, senior centers and local senior
support groups to encourage and facilitate coordination of Federal,
State, and local transportation services and resources for older
individuals. Such technical assistance may include--
``(1) developing innovative approaches for improving access
by older individuals to supportive services;
``(2) preparing and disseminating information on
transportation options and resources for older individuals and
organizations serving such individuals through establishing a
toll-free telephone number;
``(3) developing models and best practices for
comprehensive integrated transportation services for older
individuals, including services administered by the Secretary
of Transportation, by providing ongoing technical assistance to
agencies providing services under title III and by assisting in
coordination of public and community transportation services;
and
``(4) providing special services to link seniors to
transportation services not provided under title III.
``SEC. 417. DEMONSTRATION PROJECTS FOR MULTIGENERATIONAL ACTIVITIES.
``(a) Grants and Contracts.--The Assistant Secretary may award
grants and enter into contracts with eligible organizations to
establish demonstration projects to provide older individuals with
multigenerational activities.
``(b) Use of Funds.--An eligible organization shall use funds made
available under a grant awarded, or a contract entered into, under
subsection (a)--
``(1) to carry out a demonstration project that provides
multigenerational activities, including any professional
training appropriate to such activities for older individuals;
and
``(2) to evaluate the project in accordance with subsection
(f).
``(c) Preference.--In awarding grants and entering into contracts
under subsection (a), the Assistant Secretary shall give preference
to--
``(1) eligible organizations with a demonstrated record of
carrying out multigenerational activities; and
``(2) eligible organizations proposing projects that will
serve older individuals with greatest economic need (with
particular attention to low-income minority individuals and
older individuals residing in rural areas).
``(d) Application.--To be eligible to receive a grant or enter into
a contract under subsection (a), an organization shall submit an
application to the Assistant Secretary at such time, in such manner,
and accompanied by such information as the Assistant Secretary may
reasonably require.
``(e) Eligible Organizations.--Organizations eligible to receive a
grant or enter into a contract under subsection (a) shall be
organizations that employ, or provide opportunities for, older
individuals in multigenerational activities.
``(f) Local Evaluation and Report.--
``(1) Evaluation.--Each organization receiving a grant or a
contract under subsection (a) to carry out a demonstration
project shall evaluate the multigenerational activities
assisted under the project to determine the effectiveness of
the multigenerational activities, the impact of such activities
on child care and youth day care programs, and the impact of
such activities on older individuals involved in such project.
``(2) Report.--The organization shall submit a report to
the Assistant Secretary containing the evaluation not later
than 6 months after the expiration of the period for which the
grant or contract is in effect.
``(g) Report to Congress.--Not later than 6 months after the
Assistant Secretary receives the reports described in subsection
(f)(2), the Assistant Secretary shall prepare and submit to the Speaker
of the House of Representatives and the President pro tempore of the
Senate a report that assesses the evaluations and includes, at a
minimum--
``(1) the names or descriptive titles of the demonstration
projects funded under subsection (a);
``(2) a description of the nature and operation of the
projects;
``(3) the names and addresses of organizations that
conducted the projects;
``(4) a description of the methods and success of the
projects in recruiting older individuals as employees and
volunteers to participate in the projects;
``(5) a description of the success of the projects in
retaining older individuals involved in the projects as
employees and as volunteers; and
``(6) the rate of turnover of older individual employees
and volunteers in the projects.
``(h) Definition.--As used in this section, the term
`multigenerational activity' includes an opportunity to serve as a
mentor or adviser in a child care program, a youth day care program, an
educational assistance program, an at-risk youth intervention program,
a juvenile delinquency treatment program, or a family support program.
``SEC. 418. NATIVE AMERICAN PROGRAMS.
``(a) Establishment.--
``(1) In general.--The Assistant Secretary shall make
grants or enter into contracts with not fewer than 2 and not
more than 4 eligible entities to establish and operate Resource
Centers on Native American Elders (referred to in this section
as `Resource Centers'). The Assistant Secretary shall make such
grants or enter into such contracts for periods of not less
than 3 years.
``(2) Functions.--
``(A) In general.--Each Resource Center that
receives funds under this section shall--
``(i) gather information;
``(ii) perform research;
``(iii) provide for the dissemination of
results of the research; and
``(iv) provide technical assistance and
training to entities that provide services to
Native Americans who are older individuals.
``(B) Areas of concern.--In conducting the
functions described in subparagraph (A), a Resource
Center shall focus on priority areas of concern for the
Resource Centers regarding Native Americans who are
older individuals, which areas shall be--
``(i) health problems;
``(ii) long-term care, including in-home
care;
``(iii) elder abuse; and
``(iv) other problems and issues that the
Assistant Secretary determines are of
particular importance to Native Americans who
are older individuals.
``(3) Preference.--In awarding grants and entering into
contracts under paragraph (1), the Assistant Secretary shall
give preference to institutions of higher education that have
conducted research on, and assessments of, the characteristics
and needs of Native Americans who are older individuals.
``(4) Consultation.--In determining the type of information
to be sought from, and activities to be performed by, Resource
Centers, the Assistant Secretary shall consult with the
Director of the Office for American Indian, Alaskan Native, and
Native Hawaiian Aging and with national organizations with
special expertise in serving Native Americans who are older
individuals.
``(5) Eligible entities.--To be eligible to receive a grant
or enter into a contract under paragraph (1), an entity shall
be an institution of higher education with experience
conducting research and assessment on the needs of older
individuals.
``(6) Report to Congress.--The Assistant Secretary, with
assistance from each Resource Center, shall prepare and submit
to the Speaker of the House of Representatives and the
President pro tempore of the Senate an annual report on the
status and needs, including the priority areas of concern, of
Native Americans who are older individuals.
``(b) Training Grants.--The Assistant Secretary shall make grants
and enter into contracts to provide in-service training opportunities
and courses of instruction on aging to Indian tribes through public or
nonprofit Indian aging organizations and to provide annually a national
meeting to train directors of programs under this title.
``SEC. 419. MULTIDISCIPLINARY CENTERS.
``(a) Program Authorized.--The Assistant Secretary may make grants
to public and private nonprofit agencies, organizations, and
institutions for the purpose of establishing or supporting
multidisciplinary centers of gerontology, and gerontology centers of
special emphasis (including emphasis on nutrition, employment, health
(including mental health), disabilities (including severe
disabilities), income maintenance, counseling services, supportive
services, minority populations, and older individuals residing in rural
areas).
``(b) Use of Funds.--
``(1) In general.--The centers described in subsection (a)
shall conduct research and policy analysis and function as a
technical resource for the Assistant Secretary, policymakers,
service providers, and Congress.
``(2) Multidisciplinary centers.--The multidisciplinary
centers of gerontology described in subsection (a) shall--
``(A) recruit and train personnel;
``(B) conduct basic and applied research toward the
development of information related to aging;
``(C) stimulate the incorporation of information on
aging into the teaching of biological, behavioral, and
social sciences at colleges and universities;
``(D) help to develop training programs in the
field of aging at schools of public health, education,
social work, and psychology, and other appropriate
schools within colleges and universities;
``(E) serve as a repository of information and
knowledge on aging;
``(F) provide consultation and information to
public and voluntary organizations, including State
agencies and area agencies on aging, which serve the
needs of older individuals in planning and developing
services provided under other provisions of this Act;
and
``(G) if appropriate, provide information relating
to assistive technology.
``(c) Data.--
``(1) In general.--Each center that receives a grant under
subsection (a) shall provide data to the Assistant Secretary on
the projects and activities carried out with funds received
under such subsection.
``(2) Information included.--Such data described in
paragraph (1) shall include--
``(A) information on the number of personnel
trained;
``(B) information on the number of older
individuals served;
``(C) information on the number of schools
assisted; and
``(D) other information that will facilitate
achieving the objectives of this section.
``SEC. 420. DEMONSTRATION AND SUPPORT PROJECTS FOR LEGAL ASSISTANCE FOR
OLDER INDIVIDUALS.
``(a) Program Authorized.--The Assistant Secretary shall make
grants and enter into contracts, in order to--
``(1) provide a national legal assistance support system
(operated by one or more grantees or contractors) of activities
to State and area agencies on aging for providing, developing,
or supporting legal assistance for older individuals,
including--
``(A) case consultations;
``(B) training;
``(C) provision of substantive legal advice and
assistance; and
``(D) assistance in the design, implementation, and
administration of legal assistance delivery systems to
local providers of legal assistance for older
individuals; and
``(2) support demonstration projects to expand or improve
the delivery of legal assistance to older individuals with
social or economic needs.
``(b) Assurances.--Any grants or contracts made under
subsection (a)(2) shall contain assurances that the requirements of
section 307(a)(11) are met.
``(c) Assistance.--To carry out subsection (a)(1), the
Assistant Secretary shall make grants to or enter into contracts with
national nonprofit organizations experienced in providing support and
technical assistance on a nationwide basis to States, area agencies on
aging, legal assistance providers, ombudsmen, elder abuse prevention
programs, and other organizations interested in the legal rights of
older individuals.
``SEC. 421. OMBUDSMAN AND ADVOCACY DEMONSTRATION PROJECTS.
``(a) Program Authorized.--The Assistant Secretary shall award
grants to not fewer than 3 and not more than 10 States to conduct
demonstrations and evaluate cooperative projects between the State
long-term care ombudsman program, legal assistance agencies, and the
State protection and advocacy systems for individuals with
developmental disabilities and individuals with mental illness,
established under part C of the Developmental Disabilities Assistance
and Bill of Rights Act (42 U.S.C. 6041 et seq.) and under the
Protection and Advocacy for Mentally Ill Individuals Act of 1986 (42
U.S.C. 10801 et seq.).
``(b) Report.--The Assistant Secretary shall prepare and submit to
Congress a report containing the results of the evaluation required by
subsection (a). Such report shall contain such recommendations as the
Assistant Secretary determines to be appropriate.
``PART B--GENERAL PROVISIONS
``SEC. 431. PAYMENT OF GRANTS.
``(a) Contributions.--To the extent the Assistant Secretary
determines a contribution to be appropriate, the Assistant Secretary
shall require the recipient of any grant or contract under this title
to contribute money, facilities, or services for carrying out the
project for which such grant or contract was made.
``(b) Payments.--Payments 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.
``(c) Consultation.--The Assistant Secretary shall make no
grant or contract under this title in any State that has established or
designated a State agency for purposes of title III unless the
Assistant Secretary--
``(1) consults with the State agency prior to issuing the
grant or contract; and
``(2) informs the State agency of the purposes of the grant
or contract when the grant or contract is issued.
``SEC. 432. RESPONSIBILITIES OF ASSISTANT SECRETARY.
``(a) In General.--The Assistant Secretary shall be responsible for
the administration, implementation, and making of grants and contracts
under this title and shall not delegate authority under this title to
any other individual, agency, or organization.
``(b) Report.--
``(1) In general.--Not later than January 1 following each
fiscal year, the Assistant Secretary shall submit, to the
Speaker of the House of Representatives and the President pro
tempore of the Senate, a report for such fiscal year that
describes each project and each program--
``(A) for which funds were provided under this
title; and
``(B) that was completed in the fiscal year for
which such report is prepared.
``(2) Contents.--Such report shall contain--
``(A) the name or descriptive title of each project
or program;
``(B) the name and address of the individual or
governmental entity that conducted such project or
program;
``(C) a specification of the period throughout
which such project or program was conducted;
``(D) the identity of each source of funds expended
to carry out such project or program and the amount of
funds provided by each such source;
``(E) an abstract describing the nature and
operation of such project or program; and
``(F) a bibliography identifying all published
information relating to such project or program.
``(c) Evaluations.--
``(1) In general.--The Assistant Secretary shall establish
by regulation and implement a process to evaluate the results
of projects and programs carried out under this title.
``(2) Results.--The Assistant Secretary shall--
``(A) make available to the public the results of
each evaluation carried out under paragraph (1); and
``(B) use such evaluation to improve services
delivered, or the operation of projects and programs
carried out, under this Act.''.
TITLE V--AMENDMENT TO TITLE V OF THE OLDER AMERICANS ACT OF 1965
SEC. 501. AMENDMENT TO TITLE V OF THE OLDER AMERICANS ACT OF 1965.
Title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.)
is amended to read as follows:
``TITLE V--COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS
``SEC. 501. SHORT TITLE.
``This title may be cited as the `Older American Community Service
Employment Act'.
``SEC. 502. OLDER AMERICAN COMMUNITY SERVICE EMPLOYMENT PROGRAM.
``(a)(1) In order to foster and promote useful part-time
opportunities in community service activities for unemployed low-income
persons who are 55 years or older and who have poor employment
prospects, and in order to foster individual economic self-sufficiency
and to increase the number of persons who may enjoy the benefits of
unsubsidized employment in both the public and private sectors, the
Secretary of Labor (hereinafter in this title referred to as the
`Secretary') is authorized to establish an older American community
service employment program.
``(2) Amounts appropriated to carry out this title shall be used
only to carry out the provisions contained in this title.
``(b)(1) In order to carry out the provisions of this title, the
Secretary is authorized to enter into agreements, subject to section
514, with State and national public and private nonprofit agencies and
organizations, agencies of a State government or a political
subdivision of a State (having elected or duly appointed governing
officials), or a combination of such political subdivisions, or tribal
organizations in order to further the purposes and goals of the
program. Such agreements may include provisions for the payment of
costs, as provided in subsection (c) of this section, of projects
developed by such organizations and agencies in cooperation with the
Secretary in order to make the program effective or to supplement the
program. No payment shall be made by the Secretary toward the cost of
any project established or administered by any organization or agency
unless the Secretary determines that such project--
``(A) will provide employment only for eligible individuals
except for necessary technical, administrative, and supervisory
personnel, but such personnel shall, to the fullest extent
possible, be recruited from among eligible individuals;
``(B)(i) will provide employment for eligible individuals
in the community in which such individuals reside, or in nearby
communities; or
``(ii) if such project is carried out by a tribal
organization that enters into an agreement under this
subsection or receives assistance from a State that enters into
such an agreement, will provide employment for such
individuals, including those who are Indians residing on an
Indian reservation, as the term is defined in section 2601(2)
of the Energy Policy Act of 1992 (25 U.S.C. 3501(2));
``(C) will employ eligible individuals in service related
to publicly owned and operated facilities and projects, or
projects sponsored by organizations, other than political
parties, exempt from taxation under the provisions of section
501(c)(3) of the Internal Revenue Code of 1986, except projects
involving the construction, operation, or maintenance of any
facility used or to be used as a place for sectarian religious
instruction or worship;
``(D) will contribute to the general welfare of the
community;
``(E) will provide employment for eligible individuals;
``(F)(i) will result in an increase in employment
opportunities over those opportunities which would otherwise be
available;
``(ii) will not result in the displacement of currently
employed workers (including partial displacement, such as a
reduction in the hours of nonovertime work or wages or
employment benefits); and
``(iii) will not impair existing contracts or result in the
substitution of Federal funds for other funds in connection
with work that would otherwise be performed;
``(G) will not employ or continue to employ any eligible
individual to perform work the same or substantially the same
as that performed by any other person who is on layoff;
``(H) will utilize methods of recruitment and selection
(including participating in a one-stop delivery system as
established under section 134(c) of the Workforce Investment
Act of 1998 (29 U.S.C. 2864(c)) and listing of job vacancies
with the employment agency operated by any State or political
subdivision thereof) which will assure that the maximum number
of eligible individuals will have an opportunity to participate
in the project;
``(I) will include such training as may be necessary to
make the most effective use of the skills and talents of those
individuals who are participating, and will provide for the
payment of the reasonable expenses of individuals being
trained, including a reasonable subsistence allowance;
``(J) will assure that safe and healthy conditions of work
will be provided, and will assure that persons employed in
community service and other jobs assisted under this title
shall be paid wages which shall not be lower than whichever is
the highest of--
``(i) the minimum wage which would be applicable to
the employee under the Fair Labor Standards Act of
1938, if section 6(a)(1) of such Act applied to the
participant and if the participant were not exempt
under section 13 thereof;
``(ii) the State or local minimum wage for the most
nearly comparable covered employment; or
``(iii) the prevailing rates of pay for persons
employed in similar public occupations by the same
employer;
``(K) will be established or administered with the advice
of persons competent in the field of service in which
employment is being provided, and of persons who are
knowledgeable with regard to the needs of older persons;
``(L) will authorize pay for necessary transportation costs
of eligible individuals which may be incurred in employment in
any project funded under this title, in accordance with
regulations promulgated by the Secretary;
``(M) will assure that, to the extent feasible, such
project will serve the needs of minority, limited English-
speaking, and Indian eligible individuals, and eligible
individuals who have the greatest economic need, at least in
proportion to their numbers in the State and take into
consideration their rates of poverty and unemployment;
``(N)(i) will prepare an assessment of the participants'
skills and talents and their needs for services, except to the
extent such project has, for the participant involved, recently
prepared an assessment of such skills and talents, and such
needs, pursuant to another employment or training program (such
as a program under the Workforce Investment Act of 1998 (29
U.S.C. 2801 et seq.), the Carl D. Perkins Vocational and
Technical Education Act of 1998 (20 U.S.C. 2301 et seq.), or
part A of title IV of the Social Security Act (42 U.S.C. 601 et
seq.));
``(ii) will provide to eligible individuals training and
employment counseling based on strategies that identify
appropriate employment objectives and the need for supportive
services, developed as a result of the assessment and service
strategy provided for in clause (i); and
``(iii) will provide counseling to participants on their
progress in meeting such objectives and satisfying their need
for supportive services;
``(O) will provide appropriate services for participants
through the one-stop delivery system as established under
section 134(c) of the Workforce Investment Act of 1998 (29
U.S.C. 2864(c)), and will be involved in the planning and
operations of such system pursuant to a memorandum of
understanding with the local workforce investment board in
accordance with section 121(c) of such Act (29 U.S.C. 2841(c));
``(P) will post in such project workplace a notice, and
will make available to each person associated with such project
a written explanation, clarifying the law with respect to
allowable and unallowable political activities under chapter 15
of title 5, United States Code, applicable to the project and
to each category of individuals associated with such project
and containing the address and telephone number of the
Inspector General of the Department of Labor, to whom questions
regarding the application of such chapter may be addressed;
``(Q) will provide to the Secretary the description and
information described in paragraphs (8) and (14) of section
112(b) of the Workforce Investment Act of 1998; and
``(R) will ensure that entities carrying out activities
under the project, including State offices, local offices,
subgrantees, subcontractors, or other affiliates of such
organization or agency shall receive an amount of the
administration cost allocation that is sufficient for the
administrative activities under the project to be carried out
by such State office, local office, subgrantee, subcontractor,
or other affiliate.
``(2) The Secretary is authorized to establish, issue, and amend
such regulations as may be necessary to effectively carry out the
provisions of this title.
``(3) The Secretary shall develop alternatives for innovative work
modes and provide technical assistance in creating job opportunities
through work sharing and other experimental methods to labor
organizations, groups representing business and industry and workers as
well as to individual employers, where appropriate.
``(4)(A) An assessment and service strategy provided for an
eligible individual under this title shall satisfy any condition for an
assessment and service strategy or individual employment plan for an
adult participant under subtitle B of title I of the Workforce
Investment Act of 1998 (29 U.S.C. 2811 et seq.), in order to determine
whether such individual qualifies for intensive or training services
described in section 134(d) of such Act (29 U.S.C. 2864(d)), in
accordance with such Act.
``(B) An assessment and service strategy or individual employment
plan provided for an adult participant under subtitle B of title I of
the Workforce Investment Act of 1998 (29 U.S.C. 2811 et seq.) shall
satisfy any condition for an assessment and service strategy for an
eligible individual under this title.
``(c)(1) The Secretary is authorized to pay a share, but not to
exceed 90 percent of the cost of any project which is the subject of an
agreement entered into under subsection (b) of this section, except
that the Secretary is authorized to pay all of the costs of any such
project which is--
``(A) an emergency or disaster project; or
``(B) a project located in an economically depressed area;
as determined by the Secretary in consultation with the Secretary of
Commerce and the Secretary of Health and Human Services.
``(2) The non-Federal share shall be in cash or in kind. In
determining the amount of the non-Federal share, the Secretary is
authorized to attribute fair market value to services and facilities
contributed from non-Federal sources.
``(3) Of the amount for any project to be paid by the Secretary
under this subsection, not more than 13.5 percent for any fiscal year
shall be available for paying the costs of administration for such
project, except that--
``(A) whenever the Secretary determines that it is
necessary to carry out the project assisted under this title,
based on information submitted by the grantee with which the
Secretary has an agreement under subsection (b), the Secretary
may increase the amount available for paying the cost of
administration to an amount not more than 15 percent of the
cost of such project; and
``(B) whenever the grantee with which the Secretary has an
agreement under subsection (b) demonstrates to the Secretary
that--
``(i) major administrative cost increases are being
incurred in necessary program components, including
liability insurance, payments for workers'
compensation, costs associated with achieving
unsubsidized placement goals, and other operation
requirements imposed by the Secretary;
``(ii) the number of employment positions in the
project or the number of minority eligible individuals
participating in the project will decline if the amount
available for paying the cost of administration is not
increased; or
``(iii) the size of the project is so small that
the amount of administrative expenses incurred to carry
out the project necessarily exceeds 13.5 percent of the
amount for such project;
the Secretary shall increase the amount available for the
fiscal year for paying the cost of administration to an amount
not more than 15 percent of the cost of such project.
``(4) The costs of administration are the costs, both personnel and
non-personnel and both direct and indirect, associated with the
following:
``(A) The costs of performing overall general
administrative functions and providing for the coordination of
functions, such as--
``(i) accounting, budgeting, financial, and cash
management functions;
``(ii) procurement and purchasing functions;
``(iii) property management functions;
``(iv) personnel management functions;
``(v) payroll functions;
``(vi) coordinating the resolution of findings
arising from audits, reviews, investigations, and
incident reports;
``(vii) audit functions;
``(viii) general legal services functions; and
``(ix) developing systems and procedures, including
information systems, required for these administrative
functions.
``(B) The costs of performing oversight and monitoring
responsibilities related to administrative functions.
``(C) The costs of goods and services required for
administrative functions of the program, including goods and
services such as rental or purchase of equipment, utilities,
office supplies, postage, and rental and maintenance of office
space.
``(D) The travel costs incurred for official business in
carrying out administrative activities or overall management.
``(E) The costs of information systems related to
administrative functions (for example, personnel, procurement,
purchasing, property management, accounting, and payroll
systems) including the purchase, systems development, and
operating costs of such systems.
``(5) To the extent practicable, an entity that carries out a
project under this title shall provide for the payment of the expenses
described in paragraph (4) from non-Federal sources.
``(6)(A) Amounts made available for a project under this title that
are not used to pay for the cost of administration shall be used to pay
for the costs of programmatic activities, including--
``(i) enrollee wages and fringe benefits (including
physical examinations);
``(ii) enrollee training, which may be provided prior to or
subsequent to placement, including the payment of reasonable
costs of instructors, classroom rental, training supplies,
materials, equipment, and tuition, and which may be provided on
the job, in a classroom setting, or pursuant to other
appropriate arrangements;
``(iii) job placement assistance, including job development
and job search assistance;
``(iv) enrollee supportive services to assist an enrollee
to successfully participate in a project under this title,
including the payment of reasonable costs of transportation,
health care and medical services, special job-related or
personal counseling, incidentals (such as work shoes, badges,
uniforms, eyeglasses, and tools), child and adult care,
temporary shelter, and followup services; and
``(v) outreach, recruitment and selection, intake,
orientation, and assessments.
``(B) Not less than 75 percent of the funds made available through
a grant made under this title shall be used to pay wages and benefits
for older individuals who are employed under projects carried out under
this title.
``(d) Whenever a grantee conducts a project within a planning and
service area in a State, such grantee shall conduct such project in
consultation with the area agency on aging of the planning and service
area and shall submit to the State agency and the area agency on aging
a description of such project to be conducted in the State, including
the location of the project, 90 days prior to undertaking the project,
for review and public comment according to guidelines the Secretary
shall issue to assure efficient and effective coordination of programs
under this title.
``(e)(1) The Secretary, in addition to any other authority
contained in this title, shall conduct projects designed to assure
second career training and the placement of eligible individuals in
employment opportunities with private business concerns. The Secretary
shall enter into such agreements with States, public agencies,
nonprofit private organizations, and private business concerns as may
be necessary, to conduct the projects authorized by this subsection to
assure that placement and training. The Secretary, from amounts
reserved under section 506(a)(1) in any fiscal year, may pay all of the
costs of any agreements entered into under the provisions of this
subsection. The Secretary shall, to the extent feasible, assure
equitable geographic distribution of projects authorized by this
subsection.
``(2) The Secretary shall issue, and amend from time to time,
criteria designed to assure that agreements entered into under
paragraph (1) of this subsection--
``(A) will involve different kinds of work modes, such as
flex-time, job sharing, and other arrangements relating to
reduced physical exertion;
``(B) will emphasize projects involving second careers and
job placement and give consideration to placement in growth
industries in jobs reflecting new technological skills; and
``(C) require the coordination of projects carried out
under such agreements, with the programs carried out under
title I of the Workforce Investment Act of 1998.
``(f) The Secretary shall, on a regular basis, carry out
evaluations of the activities authorized under this title, which may
include but are not limited to projects described in subsection (e).
``SEC. 503. ADMINISTRATION.
``(a) State Senior Employment Services Coordination Plan.--
``(1) Governor submits plan.--The Governor of each State
shall submit annually to the Secretary a State Senior
Employment Services Coordination Plan, containing such
provisions as the Secretary may require, consistent with the
provisions of this title, including a description of the
process used to ensure the participation of individuals
described in paragraph (2).
``(2) Recommendations.--In developing the State plan prior
to its submission to the Secretary, the Governor shall obtain
the advice and recommendations of--
``(A) individuals representing the State and area
agencies on aging in the State, and the State and local
workforce investment boards established under title I
of the Workforce Investment Act of 1998 (29 U.S.C. 2801
et seq.);
``(B) individuals representing public and private
nonprofit agencies and organizations providing
employment services, including each grantee operating a
project under this title in the State; and
``(C) individuals representing social service
organizations providing services to older individuals,
grantees under title III of this Act, affected
communities, underserved older individuals, community-
based organizations serving the needs of older
individuals, business organizations, and labor
organizations.
``(3) Comments.--Any State plan submitted by a Governor in
accordance with paragraph (1) shall be accompanied by copies of
public comments relating to the plan received pursuant to
paragraph (4) and a summary thereof.
``(4) Plan provisions.--The State Senior Employment
Services Coordination Plan shall identify and address--
``(A) the relationship that the number of eligible
individuals in each area bears to the total number of
eligible individuals, respectively, in that State;
``(B) the relative distribution of individuals
residing in rural and urban areas within the State;
``(C) the relative distribution of--
``(i) eligible individuals who are
individuals with greatest economic need;
``(ii) eligible individuals who are
minority individuals; and
``(iii) eligible individuals who are
individuals with greatest social need;
``(D) consideration of the employment situations
and the type of skills possessed by local eligible
individuals;
``(E) the localities and populations for which
community service projects of the type authorized by
this title are most needed; and
``(F) plans for facilitating the coordination of
activities of grantees in the State under this title
with activities carried out in the State under title I
of the Workforce Investment Act of 1998.
``(5) Governor's recommendations on grant proposals.--Prior
to the submission to the Secretary of any proposal for a grant
under this title for any fiscal year, the Governor of each
State in which projects are proposed to be conducted under such
grant shall be afforded a reasonable opportunity to submit
recommendations to the Secretary--
``(A) regarding the anticipated effect of each such
proposal upon the overall distribution of enrollment
positions under this title within the State (including
such distribution among urban and rural areas), taking
into account the total number of positions to be
provided by all grantees within the State;
``(B) any recommendations for redistribution of
positions to underserved areas as vacancies occur in
previously encumbered positions in other areas; and
``(C) in the case of any increase in funding that
may be available for use within the State under this
title for any fiscal year, any recommendations for
distribution of newly available positions in excess of
those available during the preceding year to
underserved areas.
``(6) Disruptions.--In developing plans and considering
recommendations under this subsection, disruptions in the
provision of community service employment opportunities for
current enrollees shall be avoided, to the greatest possible
extent.
``(7) Determination; review.--
``(A) Determination.--In order to effectively carry
out the provisions of this title, each State shall make
available for public comment its senior employment
services coordination plan. The Secretary, in
consultation with the Assistant Secretary, shall review
the plan and public comments received on the plan, and
make a written determination with findings and a
decision regarding the plan.
``(B) Review.--The Secretary may review on the
Secretary's own initiative or at the request of any
public or private agency or organization, or an agency
of the State government, the distribution of projects
and services under this title within the State
including the distribution between urban and rural
areas within the State. For each proposed reallocation
of projects or services within a State, the Secretary
shall give notice and opportunity for public comment.
``(8) Exemption.--The grantees serving older American
Indians under section 506(a)(3) will not be required to
participate in the State planning processes described in this
section but will collaborate with the Secretary to develop a
plan for projects and services to older American Indians.
``(b)(1) The Secretary of Labor and the Assistant Secretary shall
coordinate the programs under this title and the programs under other
titles of this Act to increase job opportunities available to older
individuals.
``(2) The Secretary shall coordinate the program assisted under
this title with programs authorized under the Workforce Investment Act
of 1998, the Community Services Block Grant Act, the Rehabilitation Act
of 1973 (as amended by the Rehabilitation Act Amendments of 1998 (29
U.S.C. 701 et seq.)), the Carl D. Perkins Vocational and Technical
Education Act of 1998 (20 U.S.C. 2301 et seq.), the National and
Community Service Act of 1990 (42 U.S.C. 12501 et seq.), and the
Domestic Volunteer Service Act of 1973 (42 U.S.C. 4950 et seq.). The
Secretary shall coordinate the administration of this title with the
administration of other titles of this Act by the Assistant Secretary
to increase the likelihood that eligible individuals for whom
employment opportunities under this title are available and who need
services under such titles receive such services. Appropriations under
this title shall not be used to carry out any program under the
Workforce Investment Act of 1998, the Community Services Block Grant
Act, the Rehabilitation Act of 1973 (as amended by the Rehabilitation
Act Amendments of 1998), the Carl D. Perkins Vocational and Technical
Education Act of 1998, the National and Community Service Act of 1990,
or the Domestic Volunteer Service Act of 1973. The preceding sentence
shall not be construed to prohibit carrying out projects under this
title jointly with programs, projects, or activities under any Act
specified in such sentence, or from carrying out section 512.
``(3) The Secretary shall distribute to grantees under this title,
for distribution to program enrollees, and at no cost to grantees or
enrollees, informational materials developed and supplied by the Equal
Employment Opportunity Commission and other appropriate Federal
agencies which the Secretary determines are designed to help enrollees
identify age discrimination and understand their rights under the Age
Discrimination in Employment Act of 1967.
``(c) In carrying out the provisions of this title, the Secretary
is authorized to use, with their consent, the services, equipment,
personnel, and facilities of Federal and other agencies with or without
reimbursement, and on a similar basis to cooperate with other public
and private agencies and instrumentalities in the use of services,
equipment, and facilities.
``(d) Payments under this title may be made in advance or by way of
reimbursement and in such installments as the Secretary may determine.
``(e) The Secretary shall not delegate any function of the
Secretary under this title to any other department or agency of the
Federal Government.
``(f)(1) The Secretary shall monitor projects receiving financial
assistance under this title to determine whether the grantees are
complying with the provisions of and regulations issued under this
title, including compliance with the statewide planning, consultation,
and coordination provisions under this title.
``(2) Each grantee receiving funds under this title shall comply
with the applicable uniform cost principles and appropriate
administrative requirements for grants and contracts that are
applicable to the type of entity receiving funds, as issued as
circulars or rules of the Office of Management and Budget.
``(3) Each grantee described in paragraph (2) shall prepare and
submit a report in such manner and containing such information as the
Secretary may require regarding activities carried out under this
title.
``(4) Each grantee described in paragraph (2) shall keep records
that--
``(A) are sufficient to permit the preparation of reports
required pursuant to this title;
``(B) are sufficient to permit the tracing of funds to a
level of expenditure adequate to ensure that the funds have not
been spent unlawfully; and
``(C) contain any other information that the Secretary
determines to be appropriate.
``(g) The Secretary shall establish by regulation and implement a
process to evaluate the performance of projects and services, pursuant
to section 513, carried out under this title. The Secretary shall
report to Congress and make available to the public the results of each
such evaluation and use such evaluation to improve services delivered,
or the operation of projects carried out under this title.
``SEC. 504. PARTICIPANTS NOT FEDERAL EMPLOYEES.
``(a) Eligible individuals who are employed in any project funded
under this title shall not be considered to be Federal employees as a
result of such employment and shall not be subject to the provisions of
part III of title 5, United States Code.
``(b) No contract shall be entered into under this title with a
contractor who is, or whose employees are, under State law, exempted
from operation of the State workmen's compensation law, generally
applicable to employees, unless the contractor shall undertake to
provide either through insurance by a recognized carrier or by self-
insurance, as authorized by State law, that the persons employed under
the contract shall enjoy workmen's compensation coverage equal to that
provided by law for covered employment.
``SEC. 505. INTERAGENCY COOPERATION.
``(a) The Secretary shall consult with, and obtain the written
views of, the Assistant Secretary for Aging in the Department of Health
and Human Services prior to the establishment of rules or the
establishment of general policy in the administration of this title.
``(b) The Secretary shall consult and cooperate with the Director
of the Office of Community Services, the Secretary of Health and Human
Services, and the heads of other Federal agencies carrying out related
programs, in order to achieve optimal coordination with such other
programs. In carrying out the provisions of this section, the Secretary
shall promote programs or projects of a similar nature. Each Federal
agency shall cooperate with the Secretary in disseminating information
relating to the availability of assistance under this title and in
promoting the identification and interests of individuals eligible for
employment in projects assisted under this title.
``(c)(1) The Secretary shall promote and coordinate carrying out
projects under this title jointly with programs, projects, or
activities under other Acts, especially activities provided under the
Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.), including
activities provided through one-stop delivery systems established under
section 134(c) of such Act (29 U.S.C. 2864(c)), that provide training
and employment opportunities to eligible individuals.
``(2) The Secretary shall consult with the Secretary of Education
to promote and coordinate carrying out projects under this title
jointly with workforce investment activities in which eligible
individuals may participate that are carried out under the Carl D.
Perkins Vocational and Technical Education Act of 1998.
``SEC. 506. DISTRIBUTION OF ASSISTANCE.
``(a) Reservations.--
``(1) Reservation for private employment projects.--From
sums appropriated under this title for each fiscal year, the
Secretary shall first reserve not more than 1.5 percent of the
total amount of such sums for the purpose of entering into
agreements under section 502(e), relating to improved
transition to private employment.
``(2) Reservation for territories.--From sums appropriated
under this title for each fiscal year, the Secretary shall
reserve 0.75 percent of the total amount of such sums, of
which--
``(A) Guam, American Samoa, and the United States
Virgin Islands shall each receive 30 percent; and
``(B) the Commonwealth of the Northern Mariana
Islands shall receive 10 percent.
``(3) Reservation for organizations.--The Secretary shall
reserve such sums as may be necessary for national grants with
public or nonprofit national Indian aging organizations with
the ability to provide employment services to older Indians and
with national public or nonprofit Pacific Island and Asian
American aging organizations with the ability to provide
employment to older Pacific Island and Asian Americans.
``(b) State Allotments.--The allotment for each State shall be the
sum of the amounts allotted for national grants in such State under
subsection (d) and for the grant to such State under subsection (e).
``(c) Division Between National Grants and Grants to States.--From
the sums appropriated to carry out this title for any fiscal year that
remain after amounts are reserved under paragraphs (1), (2), and (3) of
subsection (a), the Secretary shall divide the remainder between
national grants and grants to States, as follows:
``(1) Reservation of funds for fiscal year 2000 level of
activities.--The Secretary shall reserve the amounts necessary
to maintain the fiscal year 2000 level of activities supported
by public and private nonprofit agency and organization
grantees that operate under this title under national grants
from the Secretary, and the fiscal year 2000 level of
activities supported by State grantees under this title, in
proportion to their respective fiscal year 2000 levels of
activities. In any fiscal year for which the appropriations are
insufficient to provide the full amounts so required, then such
amounts shall be reduced proportionally.
``(2) Funding in excess of fiscal year 2000 level of
activities.--
``(A) Up to $35,000,000.--From the amounts
remaining after the application of paragraph (1), the
portion of such remaining amounts up to the sum of
$35,000,000 shall be divided so that 75 percent shall
be provided to State grantees and 25 percent shall be
provided to public and private nonprofit agency and
organization grantees that operate under this title
under national grants from the Secretary.
``(B) Over $35,000,000.--Any amounts remaining
after the application of subparagraph (A) shall be
divided so that 50 percent shall be provided to State
grantees and 50 percent shall be provided to public and
private nonprofit agency and organization grantees that
operate under this title under national grants from the
Secretary.
``(d) Allotments for National Grants.--From the sums provided for
national grants under subsection (c), the Secretary shall allot for
public and private nonprofit agency and organization grantees that
operate under this title under national grants from the Secretary in
each State, an amount that bears the same ratio to such sums as the
product of the number of persons aged 55 or over in the State and the
allotment percentage of such State bears to the sum of the
corresponding product for all States, except as follows:
``(1) Minimum allotment.--No State shall be provided an
amount under this subsection that is less than \1/2\ of 1
percent of the amount provided under subsection (c) for public
and private nonprofit agency and organization grantees that
operate under this title under national grants from the
Secretary in all of the States.
``(2) Hold harmless.--If the amount provided under
subsection (c) is--
``(A) equal to or less than the amount necessary to
maintain the fiscal year 2000 level of activities,
allotments for public and private nonprofit agency and
organization grantees that operate under this title
under national grants from the Secretary in each State
shall be proportional to their fiscal year 2000 level
of activities; or
``(B) greater than the amount necessary to maintain
the fiscal year 2000 level of activities, no State
shall be provided a percentage increase above the
fiscal year 2000 level of activities for public and
private nonprofit agency and organization grantees that
operate under this title under national grants from the
Secretary in the State that is less than 30 percent of
such percentage increase above the fiscal year 2000
level of activities for public and private nonprofit
agency and organization grantees that operate under
this title under national grants from the Secretary in
all of the States.
``(3) Reduction.--Allotments for States not affected by
paragraphs (1) and (2)(B) of this subsection shall be reduced
proportionally to satisfy the conditions in such paragraphs.
``(e) Allotments for Grants to States.--From the sums provided for
grants to States under subsection (c), the Secretary shall allot for
the State grantee in each State an amount that bears the same ratio to
such sums as the product of the number of persons aged 55 or over in
the State and the allotment percentage of such State bears to the sum
of the corresponding product for all States, except as follows:
``(1) Minimum allotment.--No State shall be provided an
amount under this subsection that is less than \1/2\ of 1
percent of the amount provided under subsection (c) for State
grantees in all of the States.
``(2) Hold harmless.--If the amount provided under
subsection (c) is--
``(A) equal to or less than the amount necessary to
maintain the fiscal year 2000 level of activities,
allotments for State grantees in each State shall be
proportional to their fiscal year 2000 level of
activities; or
``(B) greater than the amount necessary to maintain
the fiscal year 2000 level of activities, no State
shall be provided a percentage increase above the
fiscal year 2000 level of activities for State grantees
in the State that is less than 30 percent of such
percentage increase above the fiscal year 2000 level of
activities for State grantees in all of the States.
``(3) Reduction.--Allotments for States not affected by
paragraphs (1) and (2)(B) of this subsection shall be reduced
proportionally to satisfy the conditions in such paragraphs.
``(f) Allotment Percentage.--For the purposes of subsections (d)
and (e)--
``(1) the allotment percentage of each State shall be 100
percent less that percentage which bears the same ratio to 50
percent as the per capita income of such State bears to the per
capita income of the United States, except that (A) the
allotment percentage shall in no case be more than 75 percent
or less than 33 percent, and (B) the allotment percentage for
the District of Columbia and the Commonwealth of Puerto Rico
shall be 75 percent;
``(2) the number of persons aged 55 or over in any State
and in all States, and the per capita income in any State and
in all States, shall be determined by the Secretary on the
basis of the most satisfactory data available to the Secretary;
and
``(3) for the purpose of determining the allotment
percentage, the term `United States' means the 50 States and
the District of Columbia.
``(g) Definitions.--In this section:
``(1) Cost per authorized position.--The term `cost per
authorized position' means the sum of--
``(A) the hourly minimum wage rate specified in
section 6(a)(1) of the Fair Labor Standards Act of 1938
(29 U.S.C. 206(a)(1)) (as amended), multiplied by the
number of hours equal to the product of 21 hours and 52
weeks;
``(B) an amount equal to 11 percent of the amount
specified under subparagraph (A), for the purpose of
covering Federal payments for fringe benefits; and
``(C) an amount determined by the Secretary, for
the purpose of covering Federal payments for the
remainder of all other program and administrative
costs.
``(2) Fiscal year 2000 level of activities.--The term
`fiscal year 2000 level of activities' means--
``(A) with respect to public and private nonprofit
agency and organization grantees that operate under
this title under national grants from the Secretary,
their level of activities for fiscal year 2000, or the
amount remaining after the application of section
514(e); and
``(B) with respect to State grantees, their level
of activities for fiscal year 2000, or the amount
remaining after the application of section 514(f).
``(3) Grants to states.--The term `grants to States' means
grants under this title to the States from the Secretary.
``(4) Level of activities.--The term `level of activities'
means the number of authorized positions multiplied by the cost
per authorized position.
``(5) National grants.--The term `national grants' means
grants to public and private nonprofit agency and organization
grantees that operate under this title under national grants
from the Secretary.
``(6) State.--The term `State' does not include Guam,
American Samoa, the Commonwealth of the Northern Mariana
Islands, and the United States Virgin Islands.
``SEC. 507. EQUITABLE DISTRIBUTION.
``(a) Interstate Allocation.--The Secretary, in awarding grants and
contracts under section 506, shall, to the extent feasible, assure an
equitable distribution of activities under such grants and contracts,
in the aggregate, among the States, taking into account the needs of
underserved States.
``(b) Intrastate Allocation.--The amount allocated for projects
within each State under section 506 shall be allocated among areas
within the State in an equitable manner, taking into consideration the
State priorities set out in the State plan pursuant to section 503(a).
``SEC. 508. REPORT.
``In order to carry out the Secretary's responsibilities for
reporting in section 503(g), the Secretary shall require the State
agency for each State receiving funds under this title to prepare and
submit a report at the beginning of each fiscal year on such State's
compliance with section 507(b). Such report shall include the names and
geographic location of all projects assisted under this title and
carried out in the State and the amount allocated to each such project
under section 506.
``SEC. 509. EMPLOYMENT ASSISTANCE AND FEDERAL HOUSING AND FOOD STAMP
PROGRAMS.
``Funds received by eligible individuals from projects carried out
under the program established in this title shall not be considered to
be income of such individuals for purposes of determining the
eligibility of such individuals, or of any other persons, to
participate in any housing program for which Federal funds may be
available or for any income determination under the Food Stamp Act of
1977.
``SEC. 510. ELIGIBILITY FOR WORKFORCE INVESTMENT ACTIVITIES.
``Eligible individuals under this title may be deemed by local
workforce investment boards established under title I of the Workforce
Investment Act of 1998 to satisfy the requirements for receiving
services under such title that are applicable to adults.
``SEC. 511. TREATMENT OF ASSISTANCE.
``Assistance furnished under this title shall not be construed to
be financial assistance described in section 245A(h)(1)(A) of the
Immigration and Nationality Act (8 U.S.C. 1255A(h)(1)(A)).
``SEC. 512. COORDINATION WITH THE WORKFORCE INVESTMENT ACT OF 1998.
``(a) Partners.--Grantees under this title shall be one-stop
partners as described in subparagraphs (A) and (B)(vi) of section
121(b)(1) of the Workforce Investment Act of 1998 (29 U.S.C.
2841(b)(1)) in the one-stop delivery system established under section
134(c) of such Act (29 U.S.C. 2864(c)) for the appropriate local
workforce investment areas, and shall carry out the responsibilities
relating to such partners.
``(b) Coordination.--In local workforce investment areas where more
than 1 grantee under this title provides services, the grantees shall
coordinate their activities related to the one-stop delivery system,
and grantees shall be signatories of the memorandum of understanding
established under section 121(c) of the Workforce Investment Act of
1998 (29 U.S.C. 2841(c)).
``SEC. 513. PERFORMANCE.
``(a) Measures.--
``(1) Establishment of measures.--The Secretary shall
establish, in consultation with grantees,
subgrantees<plus-minus>, and host agencies under this title,
States, older individuals, area agencies on aging, and other
organizations serving older individuals, performance measures
for each grantee for projects and services carried out under
this title.
``(2) Content.--
``(A) Composition of measures.--The performance
measures as established by the Secretary and described
in paragraph (1) shall consist of indicators of
performance and levels of performance applicable to
each indicator. The measures shall be designed to
promote continuous improvement in performance.
``(B) Adjustment.--The levels of performance
described in subparagraph (A) applicable to a grantee
shall be adjusted only with respect to the following
factors:
``(i) High rates of unemployment, poverty,
or welfare recipiency in the areas served by a
grantee, relative to other areas of the State
or Nation.
``(ii) Significant downturns in the areas
served by the grantee or in the national
economy.
``(iii) Significant numbers or proportions
of enrollees with 1 or more barriers to
employment served by a grantee relative to
grantees serving other areas of the State or
Nation.
``(C) Placement.--For all grantees, the Secretary
shall establish a measure of performance of not less
than 20 percent (adjusted in accordance with
subparagraph (B)) for placement of enrollees into
unsubsidized public or private employment as defined in
subsection (c)(2).
``(3) Performance evaluation of public or private nonprofit
agencies and organizations.--The Secretary shall annually
establish national performance measures for each public or
private nonprofit agency or organization that is a grantee
under this title, which shall be applicable to the grantee
without regard to whether such grantee operates the program
directly or through contracts, grants, or agreements with other
entities. The performance of the grantees with respect to such
measures shall be evaluated in accordance with section
514(e)(1) regarding performance of the grantees on a national
basis, and in accordance with section 514(e)(3) regarding the
performance of the grantees in each State.
``(4) Performance evaluation of states.--The Secretary
shall annually establish performance measures for each State
that is a grantee under this title, which shall be applicable
to the State grantee without regard to whether such grantee
operates the program directly or through contracts, grants, or
agreements with other entities. The performance of the State
grantees with respect to such measures shall be evaluated in
accordance with section 514(f).
``(5) Limitation.--An agreement to be evaluated on the
performance measures shall be a requirement for application
for, and a condition of, all grants authorized by this title.
``(b) Required Indicators.--The indicators described in subsection
(a) shall include--
``(1) the number of persons served, with particular
consideration given to individuals with greatest economic need,
greatest social need, or poor employment history or prospects,
and individuals who are over the age of 60;
``(2) community services provided;
``(3) placement into and retention in unsubsidized public
or private employment;
``(4) satisfaction of the enrollees, employers, and their
host agencies with their experiences and the services provided;
and
``(5) any additional indicators of performance that the
Secretary determines to be appropriate to evaluate services and
performance.
``(c) Definitions of Indicators.--
``(1) In general.--The Secretary, after consultation with
national and State grantees, representatives of business and
labor organizations, and providers of services, shall, by
regulation, issue definitions of the indicators of performance
described in subsection (b).
``(2) Definitions of certain terms.--In this section:
``(A) Placement into public or private unsubsidized
employment.--The term `placement into public or private
unsubsidized employment' means full- or part-time paid
employment in the public or private sector by an
enrollee under this title for 30 days within a 90-day
period without the use of funds under this title or any
other Federal or State employment subsidy program, or
the equivalent of such employment as measured by the
earnings of an enrollee through the use of wage records
or other appropriate methods.
``(B) Retention in public or private unsubsidized
employment.--The term `retention in public or private
unsubsidized employment' means full- or part-time paid
employment in the public or private sector by an
enrollee under this title for 6 months after the
starting date of placement into unsubsidized employment
without the use of funds under this title or any other
Federal or State employment subsidy program.
``(d) Corrective Efforts.--A State or other grantee that does not
achieve the established levels of performance on the performance
measures shall submit to the Secretary, for approval, a plan of
correction as described in subsection (e) or (f) of section 514 to
achieve the established levels of performance.
``SEC. 514. COMPETITIVE REQUIREMENTS RELATING TO GRANT AWARDS.
``(a) Program Authorized.--In accordance with section 502(b), the
Secretary shall award grants to eligible applicants to carry out
projects under this title for a period of 1 year, except that, after
the promulgation of regulations for this title and the establishment of
the performance measures required by section 513(a), the Secretary
shall award grants for a period of not to exceed 3 years.
``(b) Eligible Applicants.--An applicant shall be eligible to
receive a grant under subsection (a) in accordance with section
502(b)(1), and subsections (c) and (d).
``(c) Criteria.--The Secretary shall select the eligible applicants
to receive grants under subsection (a) based on the following:
``(1) The applicant's ability to administer a program that
serves the greatest number of eligible individuals, giving
particular consideration to individuals with greatest economic
need, greatest social need, poor employment history or
prospects, and over the age of 60.
``(2) The applicant's ability to administer a program that
provides employment for eligible individuals in the communities
in which such individuals reside, or in nearby communities,
that will contribute to the general welfare of the community.
``(3) The applicant's ability to administer a program that
moves eligible individuals into unsubsidized employment.
``(4) The applicant's ability to move individuals with
multiple barriers to employment into unsubsidized employment.
``(5) The applicant's ability to coordinate with other
organizations at the State and local level.
``(6) The applicant's plan for fiscal management of the
program to be administered with funds received under this
section.
``(7) Any additional criteria that the Secretary deems
appropriate in order to minimize disruption for current
enrollees.
``(d) Responsibility Tests.--
``(1) In general.--Before final selection of a grantee, the
Secretary shall conduct a review of available records to assess
the applicant's overall responsibility to administer Federal
funds.
``(2) Review.--As part of the review described in paragraph
(1), the Secretary may consider any information, including the
organization's history with regard to the management of other
grants.
``(3) Failure to satisfy test.--The failure to satisfy any
1 responsibility test that is listed in paragraph (4), except
for those listed in subparagraphs (A) and (B) of such
paragraph, does not establish that the organization is not
responsible unless such failure is substantial or persistent
(for 2 or more consecutive years).
``(4) Test.--The responsibility tests include review of the
following factors:
``(A) Efforts by the organization to recover debts,
after 3 demand letters have been sent, that are
established by final agency action and have been
unsuccessful, or that there has been failure to comply
with an approved repayment plan.
``(B) Established fraud or criminal activity of a
significant nature within the organization.
``(C) Serious administrative deficiencies
identified by the Secretary, such as failure to
maintain a financial management system as required by
Federal regulations.
``(D) Willful obstruction of the audit process.
``(E) Failure to provide services to applicants as
agreed to in a current or recent grant or to meet
applicable performance measures.
``(F) Failure to correct deficiencies brought to
the grantee's attention in writing as a result of
monitoring activities, reviews, assessments, or other
activities.
``(G) Failure to return a grant closeout package or
outstanding advances within 90 days of the grant
expiration date or receipt of closeout package,
whichever is later, unless an extension has been
requested and granted.
``(H) Failure to submit required reports.
``(I) Failure to properly report and dispose of
government property as instructed by the Secretary.
``(J) Failure to have maintained effective cash
management or cost controls resulting in excess cash on
hand.
``(K) Failure to ensure that a subrecipient
complies with its Office of Management and Budget
Circular A-133 audit requirements specified at section
667.200(b) of title 20, Code of Federal Regulations.
``(L) Failure to audit a subrecipient within the
required period.
``(M) Final disallowed costs in excess of 5 percent
of the grant or contract award if, in the judgment of
the grant officer, the disallowances are egregious
findings.
``(N) Failure to establish a mechanism to resolve a
subrecipient's audit in a timely fashion.
``(5) Determination.--Applicants that are determined to be
not responsible shall not be selected as grantees.
``(6) Disallowed costs.--Interest on disallowed costs shall
accrue in accordance with the Debt Collection Improvement Act
of 1996.
``(e) National Performance Measures and Competition for Public and
Private Nonprofit Agencies and Organizations.--
``(1) In general.--Not later than 120 days after the end of
each program year, the Secretary shall determine if each public
or private nonprofit agency or organization that is a grantee
has met the national performance measures established pursuant
to section 513(a)(3).
``(2) Technical assistance and corrective action plan.--
``(A) In general.--If the Secretary determines that
a grantee fails to meet the national performance
measures for a program year, the Secretary shall
provide technical assistance and require such
organization to submit a corrective action plan not
later than 160 days after the end of the program year.
``(B) Content.--The plan submitted under
subparagraph (A) shall detail the steps the grantee
will take to meet the national performance measures in
the next program year.
``(C) After second year of failure.--If a grantee
fails to meet the national performance measures for a
second consecutive program year, the Secretary shall
conduct a national competition to award, for the first
full program year following the determination
(minimizing, to the extent possible, the disruption of
services provided to enrollees), an amount equal to 25
percent of the funds awarded to the grantee for such
year.
``(D) Competition after third consecutive year of
failure.--If a grantee fails to meet the national
performance measures for a third consecutive program
year, the Secretary shall conduct a national
competition to award the amount of the grant remaining
after deduction of the portion specified in
subparagraph (C) for the first full program year
following the determination. The eligible applicant
that receives the grant through the national
competition shall continue service to the geographic
areas formerly served by the grantee that previously
received the grant.
``(3) Competition requirements for public and private
nonprofit agencies and organizations in a state.--
``(A) In general.--In addition to the actions
required under paragraph (2), the Secretary shall take
corrective action if the Secretary determines at the
end of any program year that, despite meeting the
established national performance measures, a public or
private nonprofit agency or organization that is a
grantee has attained levels of performance 20 percent
or more below the national performance measures with
respect to the project carried out in a State and has
failed to meet the performance measures as established
by the Secretary for the State grantee in such State,
and there are not factors, such as the factors
described in section 513(a)(2)(B), or size of the
project, that justify the performance.
``(B) First year of failure.--After the first
program year of failure to meet the performance
criteria described in subparagraph (A), the Secretary
shall require a corrective action plan, and may require
the transfer of the responsibility for the project to
other grantees, provide technical assistance, and take
other appropriate actions.
``(C) Second year of failure.--After the second
consecutive program year of failure to meet the
performance criteria described in subparagraph (A), the
corrective actions to be taken by the Secretary may
include the transfer of the responsibility for a
portion or all of the project to a State or public or
private nonprofit agency or organization, or a
competition for a portion or all of the funds to carry
out such project among all eligible entities that meet
the responsibility tests under section 514(d) except
for the grantee that is the subject of the corrective
action.
``(D) Third year of failure.--After the third
consecutive program year of failure to meet the
performance criteria described in subparagraph (A), the
Secretary shall conduct a competition for the funds to
carry out such project among all eligible entities that
meet the responsibility tests under section 514(d)
except for the grantee that is the subject of the
corrective action.
``(4) Request by governor.--Upon the request of the
Governor of a State for a review of the performance of a public
or private nonprofit agency or organization within the State,
the Secretary shall undertake such a review in accordance with
the criteria described in paragraph (3)(A). If the performance
of such grantee is not justified under such criteria, the
Secretary shall take corrective action in accordance with
paragraph (3).
``(f) Performance Measures and Competition for States.--
``(1) In general.--Not later than 120 days after the end of
the program year, the Secretary shall determine if a State
grantee has met the performance measures established pursuant
to section 513(a)(4).
``(2) Technical assistance and corrective action plan.--If
a State that receives a grant fails to meet the performance
measures for a program year, the Secretary shall provide
technical assistance and require the State to submit a
corrective action plan not later than 160 days after the end of
the program year.
``(3) Content.--The plan described in paragraph (2) shall
detail the steps the State will take to meet the standards.
``(4) Failure to meet performance measures for second and
third years.--
``(A) After second year of failure.--If a State
fails to meet the performance measures for a second
consecutive program year, the Secretary shall provide
for the conduct by the State of a competition to award,
for the first full program year following the
determination (minimizing, to the extent possible, the
disruption of services provided to enrollees), an
amount equal to 25 percent of the funds available to
the State for such year.
``(B) After third year of failure.--If the State
fails to meet the performance measures for a third
consecutive program year, the Secretary shall provide
for the conduct by the State of a competition to award
the funds allocated to the State for the first full
program year following the Secretary's determination
that the State has not met the performance measures.
``SEC. 515. AUTHORIZATION OF APPROPRIATIONS.
``(a) There is authorized to be appropriated to carry out this
title--
``(1) $475,000,000 for fiscal year 2001 and such sums as
may be necessary for fiscal year 2002 through 2005; and
``(2) such additional sums as may be necessary for each
such fiscal year to enable the Secretary, through programs
under this title, to provide for at least 70,000 part-time
employment positions for eligible individuals.
For purposes of paragraph (2), `part-time employment position' means an
employment position within a workweek of at least 20 hours.
``(b) Amounts appropriated under this section for any fiscal year
shall be available for obligation during the annual period which begins
on July 1 of the calendar year immediately following the beginning of
such fiscal year and which ends on June 30 of the following calendar
year. The Secretary may extend the period during which such amounts may
be obligated or expended in the case of a particular organization or
agency receiving funds under this title if the Secretary determines
that such extension is necessary to ensure the effective use of such
funds by such organization or agency.
``(c) At the end of the program year, the Secretary may recapture
any unexpended funds for the program year, and reobligate such funds
within the 2 succeeding program years for--
``(1) incentive grants;
``(2) technical assistance; or
``(3) grants or contracts for any other program under this
title.
``SEC. 516. DEFINITIONS.
``In this title:
``(1) Community service.--The term `community service'
means social, health, welfare, and educational services
(including literacy tutoring), legal and other counseling
services and assistance, including tax counseling and
assistance and financial counseling, and library, recreational,
and other similar services; conservation, maintenance, or
restoration of natural resources; community betterment or
beautification; antipollution and environmental quality
efforts; weatherization activities; economic development; and
such other services essential and necessary to the community as
the Secretary, by regulation, may prescribe.
``(2) Eligible individuals.--The term `eligible
individuals' means an individual who is 55 years old or older,
who has a low income (including any such individual whose
income is not more than 125 percent of the poverty guidelines
established by the Office of Management and Budget), except
that, pursuant to regulations prescribed by the Secretary, any
such individual who is 60 years old or older shall have
priority for the work opportunities provided for under this
title.
``(3) Pacific island and asian americans.--The term
`Pacific Island and Asian Americans' means Americans having
origins in any of the original peoples of the Far East,
Southeast Asia, the Indian Subcontinent, or the Pacific
Islands.
``(4) Program.--The term `program' means the older American
community service employment program established under this
title.''.
TITLE VI--AMENDMENTS TO TITLE VI OF THE OLDER AMERICANS ACT OF 1965
SEC. 601. ELIGIBILITY.
Section 612 of the Older Americans Act of 1965 (42 U.S.C. 3057c) is
amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following:
``(b) An Indian tribe represented by an organization specified in
subsection (a) shall be eligible for only 1 grant under this part for
any fiscal year. Nothing in this subsection shall preclude an Indian
tribe represented by an organization specified in subsection (a) from
receiving a grant under section 631.''.
SEC. 602. APPLICATIONS.
Section 614 of the Older Americans Act of 1965 (42 U.S.C. 3057e) is
amended--
(1) in subsection (b), by striking ``certification'' and
inserting ``approval''; and
(2) in subsection (c)--
(A) by inserting ``(1)'' after ``(c)''; and
(B) by adding at the end the following:
``(2) The Assistant Secretary shall provide waivers and exemptions
of the reporting requirements of subsection (a)(3) for applicants that
serve Indian populations in geographically isolated areas, or
applicants that serve small Indian populations, where the small scale
of the project, the nature of the applicant, or other factors make the
reporting requirements unreasonable under the circumstances. The
Assistant Secretary shall consult with such applicants in establishing
appropriate waivers and exemptions.
``(3) The Assistant Secretary shall approve any application that
complies with the provisions of subsection (a), except that in
determining whether an application complies with the requirements of
subsection (a)(8), the Assistant Secretary shall provide maximum
flexibility to an applicant that seeks to take into account subsistence
needs, local customs, and other characteristics that are appropriate to
the unique cultural, regional, and geographic needs of the Indian
populations to be served.
``(4) In determining whether an application complies with the
requirements of subsection (a)(12), the Assistant Secretary shall
require only that an applicant provide an appropriate narrative
description of the geographic area to be served and an assurance that
procedures will be adopted to ensure against duplicate services being
provided to the same recipients.''.
SEC. 603. AUTHORIZATION OF APPROPRIATIONS.
Section 633 of the Older Americans Act of 1965 (42 U.S.C. 3057n) is
amended to read as follows:
``SEC. 633. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this title--
``(1) for parts A and B, such sums as may be necessary for
fiscal year 2001, and such sums as may be necessary for
subsequent fiscal years; and
``(2) for part C, $5,000,000 for fiscal year 2001, and such
sums as may be necessary for subsequent fiscal years.''.
SEC. 604. GENERAL PROVISIONS.
Title VI of the Older Americans Act of 1965 (42 U.S.C. 3057 et
seq.) is amended--
(1) by redesignating part C as part D;
(2) by redesignating sections 631 through 633 as sections
641 through 643, respectively;
(3) by inserting after part B the following:
``PART C--NATIVE AMERICAN CAREGIVER SUPPORT PROGRAM
``SEC. 631. PROGRAM.
``(a) In General.--The Assistant Secretary shall carry out a
program for making grants to tribal organizations with applications
approved under parts A and B, to pay for the Federal share of carrying
out tribal programs, to enable the tribal organizations to provide
multifaceted systems of the support services described in section 373
for caregivers described in section 373.
``(b) Requirements.--In providing services under subsection (a), a
tribal organization shall meet the requirements specified for an area
agency on aging and for a State in the provisions of subsections (c),
(d), and (e) of section 373 and of section 374. For purposes of this
subsection, references in such provisions to a State program shall be
considered to be references to a tribal program under this part.''.
TITLE VII--AMENDMENTS TO TITLE VII OF THE OLDER AMERICANS ACT OF 1965
SEC. 701. AUTHORIZATION OF APPROPRIATIONS.
Section 702 of the Older Americans Act of 1965 (42 U.S.C. 3058a) is
amended to read as follows:
``SEC. 702. AUTHORIZATION OF APPROPRIATIONS.
``(a) Ombudsman Program.--There are authorized to be appropriated
to carry out chapter 2, such sums as may be necessary for fiscal year
2001, and such sums as may be necessary for subsequent fiscal years.
``(b) Prevention of Elder Abuse, Neglect, and Exploitation.--There
are authorized to be appropriated to carry out chapter 3, such sums as
may be necessary for fiscal year 2001, and such sums as may be
necessary for subsequent fiscal years.
``(c) Legal Assistance Development Program.--There are authorized
to be appropriated to carry out chapter 4, such sums as may be
necessary for fiscal year 2001, and such sums as may be necessary for
subsequent fiscal years.''.
SEC. 702. ALLOTMENT.
Section 703(a)(2)(C) of the Older Americans Act of 1965 (42 U.S.C.
3058b(a)(2)(C)) is amended by striking ``1991'' each place it appears
and inserting ``2000''.
SEC. 703. ADDITIONAL STATE PLAN REQUIREMENTS.
Section 705(a) of the Older Americans Act of 1965 (42 U.S.C.
3058d(a)) is amended--
(1) in paragraph (4), by inserting ``each of'' after
``carry out'';
(2) in paragraph (6)(C)(iii), by striking the semicolon and
inserting ``; and'';
(3) by striking paragraph (7);
(4) by redesignating paragraph (8) as paragraph (7); and
(5) in paragraph (7) (as redesignated by paragraph (3)), by
striking ``paragraphs (1) through (7)'' and inserting
``paragraphs (1) through (6)''.
SEC. 704. STATE LONG-TERM CARE OMBUDSMAN PROGRAM.
Section 712 of the Older Americans Act of 1965 (42 U.S.C. 3058g) is
amended--
(1) in subsection (a), in paragraph (5)(C)(ii), by
inserting ``and not stand to gain financially through an action
or potential action brought on behalf of individuals the
Ombudsman serves'' after ``interest''; and
(2) in subsection (h)--
(A) in paragraph (4)--
(i) in subparagraph (A)--
(I) by striking ``(A) not later
than 1 year after the date of enactment
of this title, establish'' and
inserting ``strengthen and update'';
and
(II) in clause (iii), by striking
``and'';
(ii) by striking subparagraph (B);
(iii) by redesignating clauses (i) through
(iii) as subparagraphs (A) through (C),
respectively; and
(iv) by redesignating subclauses (I)
through (III) as clauses (i) through (iii),
respectively;
(B) in paragraph (7), by striking ``; and'' and
inserting a semicolon;
(C) by redesignating paragraph (8) as paragraph
(9); and
(D) by inserting after paragraph (7) the following:
``(8) coordinate services with State and local law
enforcement agencies and courts of competent jurisdiction;
and''.
SEC. 705. PREVENTION OF ELDER ABUSE, NEGLECT, AND EXPLOITATION.
Section 721 of the Older Americans Act of 1965 (42 U.S.C. 3058i) is
amended--
(1) in subsection (b)--
(A) in the matter preceding paragraph (1), by
inserting ``(including financial exploitation)'' after
``exploitation'';
(B) in paragraph (2), by inserting ``, State and
local law enforcement systems, and courts of competent
jurisdiction'' after ``service program''; and
(C) in paragraph (5), by inserting ``including
caregivers described in part E of title III,'' after
``individuals,'';
(2) in subsection (d)(8)--
(A) by inserting ``State and local'' after
``consumer protection and''; and
(B) by inserting ``, and services provided by
agencies and courts of competent jurisdiction'' before
the period; and
(3) by adding at the end the following:
``(g) Study and Report.--
``(1) Study.--The Secretary, in consultation with the
Department of the Treasury and the Attorney General of the
United States, State attorneys general, and tribal and local
prosecutors, shall conduct a study of the nature and extent of
financial exploitation of older individuals. The purpose of
this study would be to define and describe the scope of the
problem of financial exploitation of the elderly and to provide
an estimate of the number and type of financial transactions
considered to constitute financial exploitation faced by older
individuals. The study shall also examine the adequacy of
current Federal and State legal protections to prevent such
exploitation.
``(2) Report.--Not later than 18 months after the date of
enactment of the Older Americans Act Amendments of 2000, the
Secretary shall submit to Congress a report, which shall
include--
``(A) the results of the study conducted under this
subsection; and
``(B) recommendations for future actions to combat
the financial exploitation of older individuals.''.
SEC. 706. ASSISTANCE PROGRAMS.
Subtitle A of title VII of the Older Americans Act of 1965 (42
U.S.C 3058 et seq.) is amended by repealing chapters 4 and 5 and
inserting the following:
``CHAPTER 4--STATE LEGAL ASSISTANCE DEVELOPMENT PROGRAM
``SEC. 731. STATE LEGAL ASSISTANCE DEVELOPMENT.
``A State agency shall provide the services of an individual who
shall be known as a State legal assistance developer, and the services
of other personnel, sufficient to ensure--
``(1) State leadership in securing and maintaining the
legal rights of older individuals;
``(2) State capacity for coordinating the provision of
legal assistance;
``(3) State capacity to provide technical assistance,
training, and other supportive functions to area agencies on
aging, legal assistance providers, ombudsmen, and other
persons, as appropriate;
``(4) State capacity to promote financial management
services to older individuals at risk of conservatorship;
``(5) State capacity to assist older individuals in
understanding their rights, exercising choices, benefiting from
services and opportunities authorized by law, and maintaining
the rights of older individuals at risk of guardianship; and
``(6) State capacity to improve the quality and quantity of
legal services provided to older individuals.''.
SEC. 707. NATIVE AMERICAN PROGRAMS.
Section 751(d) of the Older Americans Act of 1965 (42 U.S.C.
3058aa(d)) is amended to read as follows:
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for fiscal year 2001, and such sums as may be necessary for subsequent
fiscal years.''.
TITLE VIII--TECHNICAL AND CONFORMING AMENDMENTS
SEC. 801. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Title I.--Section 102(34)(C) of the Older Americans Act of 1965
(42 U.S.C. 3002(34)(C)) is amended by striking ``307(a)(12)'' and
inserting ``307(a)(9)''.
(b) Title II.--
(1) Section 201(d)(3) of the Older Americans Act of 1965
(42 U.S.C. 3011(d)(3)) is amended--
(A) in subparagraph (C)(ii), by striking
``307(a)(12)'' and inserting ``307(a)(9)''; and
(B) in subparagraph (J), by striking ``307(a)(12)''
and inserting ``307(a)(9)''.
(2) Section 202 of the Older Americans Act of 1965 (42
U.S.C. 3012) is amended--
(A) in subsection (a)--
(i) in paragraph (19)(C), by striking
``paragraphs (2) and (5)(A) of section 306(a)''
and inserting ``paragraphs (2) and (4)(A) of
section 306(a)''; and
(ii) in paragraph (26), by striking
``sections 307(a)(18) and 731(b)(2)'' and
inserting ``section 307(a)(13) and section
731'';
(B) in subsection (c)--
(i) in paragraph (1), by striking
``(c)(1)'' and inserting ``(c)''; and
(ii) by striking paragraph (2); and
(C) in subsection (e)(1)(A)--
(i) by striking clause (i) and inserting
the following:
``(i) provide information about grants and projects
under title IV;''; and
(ii) in clause (iv), by striking ``, and
the information provided by the Resource
Centers on Native American Elders under section
429E''.
(3) Section 205(a)(2)(A) of the Older Americans Act of 1965
(42 U.S.C. 3016(a)(2)(A)) is amended by striking ``subparts 1,
2, and 3'' and inserting ``subparts 1 and 2''.
(4) Section 207(a) of the Older Americans Act of 1965 (42
U.S.C. 3018(a)) is amended--
(A) by striking paragraph (3); and
(B) by redesignating paragraphs (4) and (5) as
paragraphs (3) and (4), respectively.
(5) Section 214 of the Older Americans Act of 1965 (42
U.S.C. 3020e) is amended by striking ``307(a)(13)(J)'' and
inserting ``339(2)(J)''.
(c) Title III.--
(1) Section 301(c) of the Older Americans Act of 1965 (42
U.S.C. 3021(c)) is amended by striking ``307(a)(12)'' and
inserting ``307(a)(9)''.
(2) Section 304 of the Older Americans Act of 1965 (42
U.S.C. 3024) is amended--
(A) in subsection (d)(1)(B), by striking
``307(a)(12)'' and inserting ``307(a)(9)''; and
(B) by striking subsection (e).
(3) Section 305(a)(2)(F) of the Older Americans Act of 1965
(42 U.S.C. 3025(a)(2)(F)) is amended by striking ``307(a)(24)''
and inserting ``307(a)(16)''.
(4) Section 307 of the Older Americans Act of 1965 (42
U.S.C. 3027) is amended--
(A) in subsection (a), in paragraph (22) (as
redesignated by section 305(19)), by striking
``306(a)(20)'' and inserting ``306(a)(8)''; and
(B) in subsection (f)--
(i) in paragraph (1), by striking
``(f)(1)'' and inserting ``(f)''; and
(ii) by striking paragraph (2).
(5) Section 321(a)(15) of the Older Americans Act of 1965
(42 U.S.C. 3030d(a)(15)) is amended by striking ``section
307(a)(16)'' and inserting ``section 307(a)(12)''.
(d) Title VI.--Section 614(a) of the Older Americans Act of 1965
(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.
(e) Title VII.--
(1) Section 703(a)(2)(C) of the Older Americans Act of 1965
(42 U.S.C. 3058b(a)(2)(C)) is amended--
(A) in clause (i), by striking ``section 702(a)''
and inserting ``section 702 and made available to carry
out chapter 2''; and
(B) in clause (ii), by striking ``section 702(b)''
and inserting ``section 702 and made available to carry
out chapter 3''.
(2) Section 712(a)(1) of the Older Americans Act of 1965
(42 U.S.C. 3058g(a)(1)) is amended by striking ``section
702(a)'' and inserting ``section 702 and made available to
carry out this chapter''.
(3) Section 721(a) of the Older Americans Act of 1965 (42
U.S.C. 3058i(a)) is amended by striking ``section 702(b)'' and
inserting ``section 702 and made available to carry out this
chapter''.
(4) Section 761(2) of the Older Americans Act of 1965 (42
U.S.C. 3058bb(2)) is amended by striking ``chapter 2, 3, 4, or
5 of this title'' and inserting ``subtitle A''.
(5) Section 762 of the Older Americans Act of 1965 (42
U.S.C. 3058cc) is amended, in the matter preceding paragraph
(1), by striking ``or an entity described in section 751(c)''.
(6) Section 764(b) of the Older Americans Act of 1965 (42
U.S.C. 3058ee(b)) is amended by striking ``, area agencies on
aging, and entities described in section 751(c)'' and inserting
``and area agencies on aging''.
Passed the House of Representatives October 25, 2000.
Attest:
Clerk.
106th CONGRESS
2d Session
H. R. 782
_______________________________________________________________________
AN ACT
To amend the Older Americans Act of 1965 to extend authorizations of
appropriations for programs under the Act, to modernize programs and
services for older individuals, and for other purposes.