[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 782 Enrolled Bill (ENR)]
H.R.782
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
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 paragraphs (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) three members who are officers or employees of
the United States; and
``(ii) six 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 two 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
two 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 three
to five 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 section
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 one 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 the
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 one meal per day,
``(II) a minimum of 66\2/3\ percent of the
allowances if the project provides two meals per day,
and
``(III) 100 percent of the allowances if the
project provides three 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 the 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 the 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 seven 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 seven 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 one 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 two and not more than four
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 three 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 (hereafter 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 one grantee under this title provides services, the grantees shall
coordinate their activities related to the one-stop delivery system,
and grantees shall be signatories of the 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 one or more barriers to employment served by a grantee
relative to grantees serving other areas of the State or
Nation.
``(C) Placement.--For all grantees, the Secretary shall
establish a measure of performance of not less than 20 percent
(adjusted in accordance with subparagraph (B)) for placement of
enrollees into unsubsidized public or 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 one
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
three 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 one 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 the
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''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.