[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.