[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1536 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1536

 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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 5, 1999

  Mr. DeWine introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 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; REFERENCES.

    (a) Short Title.--This Act may be cited as the ``Older Americans 
Act Amendments of 1999''.
    (b) References.--Except as otherwise specifically provided, 
whenever in this Act an amendment or repeal is expressed in terms of an 
amendment to, or repeal of, a provision, the reference shall be 
considered to be made to a provision of the Older Americans Act of 1965 
(42 U.S.C. 3001 et seq.).

SEC. 2. TABLE OF CONTENTS.

    The table of contents of this Act is as follows:

Sec. 1. Short title; references.
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

Sec. 201. Functions of Assistant Secretary.
Sec. 202. Federal agency consultation.
Sec. 203. Federal Council on the Aging.
Sec. 204. Evaluation.
Sec. 205. Gifts.
Sec. 206. Authorization of appropriations.
 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. Area plans.
Sec. 305. State plans. 
Sec. 306. Planning, coordination, evaluation, and administration of 
                            State plans.
Sec. 307. Availability of disaster relief funds to tribal 
                            organizations.
Sec. 308. Nutrition services incentive program.
Sec. 309. Consumer contributions and waivers.
Sec. 310. Supportive services and senior centers.
Sec. 311. Nutrition services.
Sec. 312. Payment requirement.
Sec. 313. In-home services and additional assistance.
Sec. 314. Definition.
Sec. 315. National family caregiver support program.
  TITLE IV--AMENDMENTS TO TITLE IV OF THE OLDER AMERICANS ACT OF 1965

Sec. 401. Repeal.
   TITLE V--AMENDMENTS TO TITLE V OF THE OLDER AMERICANS ACT OF 1965

Sec. 501. Older american community service employment program.
Sec. 502. Administration.
Sec. 503. Interagency cooperation.
Sec. 504. Equitable distribution of assistance.
Sec. 505. Dual eligibility.
Sec. 506. Coordination and performance.
Sec. 507. Authorization of appropriations.
  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. Native American organization provisions.
Sec. 706. Prevention of elder abuse, neglect, and exploitation.
Sec. 707. Assistance 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 by adding at the end the following:
            ``(45) 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, and nutrition screening;
                    ``(C) nutritional counseling and educational 
                services for individuals and their primary caregivers;
                    ``(D) health promotion programs, including 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 title XVIII of the Social Security Act (42 U.S.C. 
        1395 et seq.).
            ``(46) The term `in-home services' includes--
                    ``(A) homemaker 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.
            ``(47) The term `Native American' means--
                    ``(A) an Indian; and
                    ``(B) a Native Hawaiian, as defined in section 
                625.''.

  TITLE II--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 (24) and inserting the 
                following:
            ``(24) 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;'';
                    (B) by striking paragraph (27); and
                    (C) by redesignating paragraphs (28), (29), and 
                (30) as paragraphs (27), (28), and (29), respectively; 
                and
            (2) by adding at the end the following:
    ``(f) Performance Outcome Measures.--
            ``(1) In general.--The Assistant Secretary, in accordance 
        with the process described in paragraph (2), and in 
        collaboration with a representative group of State agencies, 
        tribal organizations, and area agencies on aging, shall develop 
        and publish by December 31, 2000, a set of performance outcome 
        measures to be used 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 in developing such measures.
            ``(2) Development procedure.--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.

    Section 203(b) of the Older Americans Act of 1965 (42 U.S.C. 
3013(b)) is amended--
            (1) in paragraph (17), by striking ``, and'' and inserting 
        a comma;
            (2) in paragraph (18), by striking the period and inserting 
        ``, and''; and
            (3) by adding at the end the following:
    ``(19) title I of the Workforce Investment Act of 1998 (29 U.S.C. 
2801 et seq.).''.

SEC. 203. FEDERAL COUNCIL ON THE AGING.

    Section 204(g) of the Older Americans Act of 1965 (42 U.S.C. 
3015(g)) is amended by striking ``$300,000 for fiscal year'' and all 
that follows and inserting ``such sums as may be necessary.''.

SEC. 204. EVALUATION.

    Section 206 of the Older Americans Act of 1965 (42 U.S.C. 3017) is 
amended--
            (1) by striking subsection (g); and
            (2) by redesignating subsection (h) as subsection (g).

SEC. 205. GIFTS.

    Title II of the Older Americans Act of 1965 (42 U.S.C. 3011 et 
seq.) is amended by inserting before section 215 the following:

``SEC. 214A. 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 under this title:
            ``(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.''.

SEC. 206. AUTHORIZATION OF APPROPRIATIONS.

    Section 215 of the Older Americans Act of 1965 (42 U.S.C. 3020f) is 
amended--
            (1) in subsection (a)--
                    (A) by striking ``(a) Administration.--''; and
                    (B) by striking ``such sums'' and all that follows 
                and inserting ``such sums as may be necessary for 
                fiscal year 2000 and each of the 4 succeeding fiscal 
                years.''; and
            (2) by striking subsection (b).

 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 to older 
individuals 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:
    ``(1) There are authorized to be appropriated to carry out part B 
such sums as may be necessary.'';
            (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 such sums as may be necessary.
    ``(2) There are authorized to be appropriated to carry out subpart 
2 of part C such sums as may be necessary.''; and
            (3) by striking subsections (d) through (g) and inserting 
        the following:
    ``(d) There are authorized to be appropriated to carry out part D 
such sums as may be necessary.
    ``(e) There are authorized to be appropriated to carry out part E 
such sums as may be necessary.''.

SEC. 303. ALLOTMENT; FEDERAL SHARE.

    (a) In General.--Section 304(a) of the Older Americans Act of 1965 
(42 U.S.C. 3024(a)) is amended--
            (1) in paragraph (1)--
                    (A) in the first sentence, in the matter preceding 
                subparagraph (A), by striking ``Subject to paragraphs 
                (2) and (3)'' and inserting ``Subject to paragraph 
                (2),''; and
                    (B) in the last sentence, by striking ``For the 
                purposes of paragraph (3) and the exception'' and 
                inserting ``For the purposes of the exception'';
            (2) in paragraph (2), by striking ``1987'' and inserting 
        ``1999''; and
            (3) by striking paragraph (3) and inserting the following:
    ``(3) In determining the amount allotted to a State from the sums 
appropriated under section 303 for a fiscal year, the Assistant 
Secretary shall first determine the amount allotted to such State under 
paragraph (1) and then adjust such amount, if necessary, to meet the 
requirements of paragraph (2).''.
    (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,''.
    (c) Focal Point.--Section 304 of the Older Americans Act of 1965 
(42 U.S.C. 3024) is amended by adding at the end the following:
    ``(f) Each area agency on aging that receives funds under this 
title shall--
            ``(1) designate, where feasible, a focal point for 
        comprehensive service delivery in each community in the 
        planning and service area involved, giving special 
        consideration to designating multipurpose senior centers 
        (including multipurpose senior centers operated by 
        organizations referred to in section 306(a)(6)(C)(ii)) as such 
        focal point; and
            ``(2) specify in grants, contracts, and agreements 
        implementing the area plan described in section 306, the 
        identity of each focal point so designated.''.

SEC. 304. AREA PLANS.

    (a) In General.--Section 306(a) of the Older Americans Act of 1965 
(42 U.S.C. 3026(a)) is amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(1) provide for the furnishing of services (through a 
        comprehensive and coordinated system), the need for which has 
been determined pursuant to paragraph (3), including--
                    ``(A) supportive services;
                    ``(B) nutrition services; and
                    ``(C) if appropriate, the establishment, 
                maintenance, or construction of multipurpose senior 
                centers;'';
            (2) in paragraph (2)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``section 307(a)(22)'' and inserting 
                ``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) by striking paragraph (3) and inserting the following:
            ``(3) provide for determining the extent of need for the 
        services specified in paragraphs (1) and (2) in the planning 
        and service area, taking into consideration--
                    ``(A) the number of older individuals residing in 
                the area who--
                            ``(i) have low incomes;
                            ``(ii) have the greatest economic need or 
                        greatest social need for such services, 
                        especially older individuals who are 
                        minorities; and
                            ``(iii) are Native Americans; and
                    ``(B) the effectiveness of use of resources 
                (including efforts of volunteers and voluntary 
                organizations) in meeting such need;'';
            (4)(A) by striking paragraph (4); and
            (B) by redesignating paragraph (5) as paragraph (4);
            (5) by inserting after paragraph (4) (as redesignated by 
        paragraph (4)) 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;'';
            (6) 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''; and
                    (D) in subparagraph (F) (as redesignated by 
                subparagraph (B)), by adding ``and'' after the 
                semicolon;
            (7) by striking paragraphs (7) through (20) 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--
                            ``(i) a public agency; or
                            ``(ii) a nonprofit private agency that--
                                    ``(I)(aa) 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;
                                    ``(bb) gives each individual 
                                described in item (aa) 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; 
                                and
                                    ``(cc) has case managers acting as 
                                agents for the individuals receiving 
                                the services and not as promoters for 
                                the agency providing such services; or
                                    ``(II) is located in a rural area 
                                and obtains a waiver of the 
                                requirements described in items (aa), 
                                (bb), and (cc) of subclause (I);
            ``(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 1999 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.''.
    (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
            (2) by striking paragraph (2).

SEC. 305. 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)(28), the need for supportive services 
                (including legal assistance, information and 
                assistance, and transportation services), nutrition 
                services, and multipurpose senior centers within the 
                State;
                    ``(B) determine the extent to which public or 
                private programs and resources (including volunteers 
                and programs and services of voluntary organizations) 
                meet such need; and
                    ``(C) specify 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, under 
                        this title and titles V and VII, not less than 
                        the amount expended for such services for 
                        fiscal year 1999;
                            ``(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 to individuals with greatest economic need, 
        greatest social need, or disabilities, with particular 
        attention to low-income minority individuals.
            ``(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, or to any provider of (or applicant to provide) 
                services under such a plan; and
                    ``(B) issue guidelines applicable to grievance 
                procedures required by section 306(a)(10).'';
            (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 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; and
                    ``(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 
        may provide case management services.
            ``(C) The plan may specify that the area agency on aging 
        may 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 not less than the total amount so expended by 
        the State agency for fiscal year 1999.'';
            (4) by striking paragraphs (10), (11), and (12);
            (5) by redesignating paragraph (13) as paragraph (10);
            (6) in paragraph (10) (as redesignated by paragraph (5))--
                    (A) by striking subparagraphs (B), (C), (D), (E), 
                (H), and (M);
                    (B) by redesignating subparagraphs (F), (G), (I), 
                (J), (K), and (L) as subparagraphs (B), (C), (D), (E), 
                (F), and (G), respectively;
                    (C) in subparagraph (F) (as redesignated by 
                subparagraph (B)), by striking ``older individual;'' 
                and inserting ``older individual; and''; and
                    (D) in subparagraph (G) (as redesignated by 
                subparagraph (B)), by striking ``; and'' and inserting 
                a period;
            (7) by striking paragraph (14);
            (8) by redesignating paragraphs (15) and (16) as paragraphs 
        (11) and (12), respectively;
            (9) by striking paragraph (17);
            (10) by redesignating paragraph (18) as paragraph (13);
            (11) by striking paragraph (19);
            (12) by redesignating paragraph (20) as paragraph (14);
            (13) by striking paragraphs (21) and (22);
            (14) by redesignating paragraphs (23), (24), (25), and (26) 
        as paragraphs (15), (16), (17), and (18), respectively;
            (15) in paragraph (18) (as redesignated by paragraph (14)), 
        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)(A) The plan may include an evaluation by the State 
        agency, in consultation with the area agencies on aging in the 
        State and private organizations in the State that are grantees, 
        of the State's priorities regarding the need in the State for 
        services provided under title V.
            ``(B) If the State agency includes such evaluation in such 
        plan, the State agency shall--
                    ``(i) determine what planning and service areas of 
                the State are most in need of the services described in 
                subparagraph (A) by taking into consideration--
                            ``(I) the areas in which community service 
                        projects of the type authorized by title V are 
                        most needed;
                            ``(II) the employment situations of, and 
                        the type of skills possessed by, available 
                        local individuals who are eligible to 
                        participate in the projects; and
                            ``(III) the potential projects for the 
                        areas and the number and percentage of local 
                        individuals who are eligible to participate in 
                        the projects; and
                    ``(ii) list such areas in descending order of need 
                beginning with the area most in need.''.

SEC. 306. 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 (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 amount of the funds so 
                        received by a State and attributable to funds 
                        appropriated under paragraph (1) or (2) of 
                        section 303(b).''; and
                    (B) by adding at the end the following:
    ``(C) A State's request for a waiver under subparagraph (B) shall--
            ``(i) be not more than 1 page in length;
            ``(ii) include a request that the waiver be granted;
            ``(iii) specify the amount of the funds received by a State 
        and attributable to funds appropriated under paragraph (1) or 
        (2) of section 303(b), over the permissible 30 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) in paragraph (5), by striking ``for fiscal year 1993'' 
        and all that follows through ``fiscal year 1996,'' and 
        inserting ``for any fiscal year''.

SEC. 307. AVAILABILITY OF DISASTER RELIEF FUNDS TO TRIBAL 
              ORGANIZATIONS.

    Section 310 (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. 308. 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 Health and Human Services shall allot and 
pay, to each State agency with a plan approved under this title for a 
fiscal year, and to each tribal organization with an application 
approved under part A of 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 tribal organization, under such application 
approved for such preceding fiscal year), bears to the total number of 
such meals served in all States and by all tribal organizations under 
all such plans and applications approved for such preceding fiscal 
year.
    ``(2) For purposes of paragraph (1), in the case of a tribal 
organization that has an application approved under part A of 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 tribal organization for the preceding fiscal year shall be deemed 
to equal the number of meals that the Assistant Secretary estimates 
will be served by the tribal organization 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 adding at the end the following:
    ``(4) Among the commodities delivered under this subsection, the 
Secretary of Agriculture shall give special emphasis to high protein 
foods, meat, and meat alternates. 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
            (6) 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)) $150,000,000 for fiscal year 
2000 and such sums as may be necessary for each of the 4 succeeding 
fiscal years.''.

SEC. 309. 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 paragraph (2), a 
        State may require or permit cost sharing for all direct 
        services provided for in this Act, by the recipients of the 
        services.
            ``(2) Exceptions.--The State may not require or permit the 
        cost sharing described in paragraph (1) for the following:
                    ``(A) Information and assistance services.
                    ``(B) Outreach services.
                    ``(C) Benefits counseling services.
                    ``(D) Case management services.
                    ``(E) Ombudsman services, legal assistance 
                services, and other protection and advocacy services.
                    ``(F) Congregate nutrition services.
                    ``(G) Home-delivered nutrition services.
                    ``(H) Services for recipients who declare incomes 
                below a low-income threshold set by the State.
            ``(3) Payment rates.--If a State requires or permits cost 
        sharing described in paragraph (1), such State shall establish 
        a sliding scale, based on income, on which cost sharing will be 
        determined for recipients who declare that their incomes are 
        above the low-income threshold set by such State.
            ``(4) Requirements.--If a State requires or permits 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 will--
                    ``(A) protect the privacy of each recipient with 
                respect to the recipient's cost share payment;
                    ``(B) establish appropriate procedures to safeguard 
                and account for cost share payments; and
                    ``(C) use each collected cost share payment to 
                expand the service for which such payment was given.
    ``(b) Voluntary Contributions.--
            ``(1) In general.--Voluntary contributions shall be allowed 
        for all the direct services, including the services described 
        in subparagraphs (A) through (H) of subsection (a)(2). 
        Voluntary contributions may be accepted, but not solicited, for 
        the services described in subparagraphs (A) through (E), and 
        (H), of subsection (a)(2).
            ``(2) Other contributions.--In addition to any 
        contributions received for services referred to in paragraph 
        (1), if a State does not require or permit the cost sharing 
        described in subsection (a)(1), such State may allow for 
        voluntary contributions for other services provided for under 
        this Act.
            ``(3) Local decision.--The area agency on aging shall 
        consult with the relevant service providers in a State to 
        determine the best method for accepting voluntary contributions 
        under this subsection.
            ``(4) Requirements.--
                    ``(A) In general.--In determining a method under 
                paragraph (3), the agency shall follow criteria 
                specified in subparagraphs (B) and (C).
                    ``(B) Prohibited acts.--The agency 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.
                    ``(C) Required acts.--The agency shall ensure that 
                each service provider will--
                            ``(i) provide each recipient with an 
                        opportunity to voluntarily contribute to the 
                        cost of the service;
                            ``(ii) protect the privacy of each 
                        recipient with respect to the recipient's 
                        contribution;
                            ``(iii) establish appropriate procedures to 
                        safeguard and account for all contributions; 
                        and
                            ``(iv) use all collected contributions to 
                        expand the service for which the contributions 
                        were given.
    ``(c) Evaluation.--Not earlier than 1 year after the date of 
enactment of the Older Americans Act Amendments of 1999, and 
periodically thereafter, the Secretary shall conduct a comprehensive 
evaluation of practices for cost sharing, described in subsection (a), 
that are conducted by the States, to determine the impact of such 
practices on participation levels of disparate populations under this 
Act.

``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 consulted with the area agencies 
        on aging in the State with respect to the proposal for which 
        waiver is sought;
            ``(3) the proposal has been made available for public 
        review and comment within the State (and a summary of the 
        comments received has been included in the application); and
            ``(4) with respect to any application for a waiver of a 
        restriction under section 308(b)(4)(A) regarding the amount 
        that may be transferred between programs carried out under 
        subparts 1 and 2 of part C, the application meets the 
        requirements of section 308(b)(4)(C).
    ``(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);
            ``(3) any State plan requirement described in section 
        307(a);
            ``(4) any restriction under paragraph (4) or (5) of section 
        308(b), on the amount that may be transferred between programs 
        carried out under parts B and C, or between programs carried 
        out under subparts 1 and 2 of 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 concerning the impact of the waiver on the 
operation and effectiveness of programs and services provided under 
this title.''.

SEC. 310. 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) by striking paragraph (19);
                    (F) by redesignating paragraph (20) as paragraph 
                (19);
                    (G) by inserting after paragraph (19) (as 
                redesignated by subparagraph (F)) the following:
            ``(20) 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.''; and
                    (H) in paragraph (22), 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. 311. NUTRITION SERVICES.

    (a) Heading.--Section 331 of the Older Americans Act of 1965 (42 
U.S.C. 3030e) is amended by striking all that precedes ``Assistant 
Secretary shall'' and inserting the following:

``SEC. 331. PROGRAM AUTHORIZED.

    ``(a) In General.--The''.
    (b) School-Based Meals.--Section 338 of the Older Americans Act of 
1965 (42 U.S.C. 3030g-11) is amended--
            (1) by striking the section heading;
            (2) in subsection (a), by striking ``In General.--'' and 
        all that follows through ``establishing and operating'' and 
        inserting ``School-Based Meals and Multigenerational 
        Programs.--In carrying out nutrition projects under subsection 
        (a), the State may carry out'';
            (3) by redesignating subsection (a) as subsection (b);
            (4) by moving that subsection (b) to the end of section 
        331; and
            (5) by adding at the end the following:
    ``(c) Interaction.--In carrying out projects under subsection (a), 
the State may make efforts to provide older individuals with 
opportunities to interact with students on a regular basis in a way 
that is mutually beneficial.''.
    (c) 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.
    (d) 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.

SEC. 312. PAYMENT REQUIREMENT.

    Section 339A of the Older Americans Act of 1965 (42 U.S.C. 3030g-
22) is repealed.

SEC. 313. 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. 314. DEFINITION.

    Section 363 of the Older Americans Act of 1965 (42 U.S.C. 3030o) is 
repealed.

SEC. 315. 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'.

``SEC. 372. DEFINITIONS.

    ``In this part:
            ``(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 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.--In providing services under subsection 
(a), an area agency on aging shall provide--
            ``(1) information to eligible caregivers about available 
        services;
            ``(2) assistance to eligible caregivers in gaining access 
        to the services;
            ``(3) individual counseling, organization of support 
        groups, and caregiver training to eligible caregivers to assist 
        the caregivers in making decisions and solving problems 
        relating to their caregiving roles;
            ``(4) respite care to enable eligible caregivers to be 
        temporarily relieved from their caregiving responsibilities; 
        and
            ``(5) supplemental services, on a limited basis, to 
        complement the care provided by eligible caregivers.
    ``(c) Eligibility and Priority.--
            ``(1) Eligibility.--In order for a family caregiver, or a 
        grandparent or older individual who is a relative caregiver, to 
        be eligible to receive services provided by a State program 
        under this part, the State shall find that--
                    ``(A) the caregiver is a caregiver described in 
                paragraph (1) or (2) of subsection (a); and
                    ``(B) in the case of a caregiver providing care to 
                an older individual, the older individual meets the 
                condition specified in subparagraph (A)(i) or (B) of 
                section 102(28).
            ``(2) Priority.--In providing services to a family 
        caregiver, or a grandparent or older individual who is a 
        relative caregiver, the State shall give priority for services 
        to older individuals with greatest social need, older 
        individuals with greatest economic need, 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 part as 
        `developmental disabilities') consistent with the requirements 
        of section 305(a)(2)(E).
    ``(d) Coordination With Service Providers.--In carrying out this 
part, each area agency on aging shall coordinate the activities of the 
agency 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 part.
            ``(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 part, and standards and mechanisms by which 
        the quality of the services shall be assured.
    ``(f) Availability of Funds.--
            ``(1) In general.--A State shall use the portion of the 
        State allotment under section 304 that is from amounts 
        appropriated under section 303(e) to carry out the State 
        program under this part.
            ``(2) Use of funds for administration of area plans.--
        Amounts made available to a State to carry out the State 
        program under this part may be used, in addition to amounts 
        available in accordance with section 303(c)(1), for costs of 
        administration of area plans.
            ``(3) 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 part shall be 75 
                percent.
                    ``(B) Non-federal share.--The non-Federal share of 
                the costs 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 of 
                the amount available to the State to provide support 
                services to grandparents and older relative caregivers 
                of children.

``SEC. 374. MAINTENANCE OF EFFORT.

    ``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 section 373.

    ``PART F--STATE AND LOCAL INNOVATIONS AND PROGRAMS OF NATIONAL 
                              SIGNIFICANCE

``SEC. 381. PURPOSES.

    ``The purposes of this part 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.

``SEC. 382. PROGRAM AUTHORIZED.

    ``For the purpose of carrying out this part, 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 and delivery of services for older individuals;
            ``(3) evaluation of the performance of the programs, 
        activities, and services provided under this part;
            ``(4) the development of methods and practices to improve 
        the quality and effectiveness of the programs, services, and 
        activities provided under this part;
            ``(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 part;
            ``(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;
            ``(9) the provision of training for older individuals 
        that--
                    ``(A) relates to the use of computers and related 
                equipment, in order to improve the employment-related 
                skills of the older individuals; and
                    ``(B) is provided at senior centers, housing 
                facilities for older individuals, elementary schools, 
                secondary schools, and institutions of higher 
                education; and
            ``(10) any other activities that the Assistant Secretary 
        determines will achieve the purposes of this part.

``SEC. 383. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this part 
such sums as may be necessary.

                 ``PART G--PENSION COUNSELING PROGRAMS

``SEC. 391. PENSION COUNSELING PROGRAMS.

    ``(a) Definitions.--In this part:
            ``(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 carried out under 
                title II of the Social Security Act (42 U.S.C. 401 et 
                seq.);
                    ``(B) the railroad retirement program carried out 
                under the Railroad Retirement Act of 1974 (45 U.S.C. 
                231 et seq.);
                    ``(C) the government retirement benefits programs 
                carried out under--
                            ``(i) the Civil Service Retirement System 
                        set forth in subchapter III of chapter 83 of 
                        title 5, United States Code;
                            ``(ii) the Federal Employees Retirement 
                        System set forth in chapter 84 of title 5, 
                        United States Code;
                            ``(iii) title 10, United States Code; or
                            ``(iv) any other government retirement 
                        system, including any Government pension plan 
                        as such term is defined under section 9502 of 
                        title 31, United States Code; or
                    ``(D) the Employee Retirement Income Security Act 
                of 1974 (29 U.S.C. 1001 et seq.).
            ``(2) Pension counseling program.--The term `pension 
        counseling program' means a program described in subsection 
        (c).
    ``(b) Establishment.--The Assistant Secretary may establish and 
carry out pension counseling projects. In carrying out the projects, 
the Assistant Secretary may award grants under subsection (c).
    ``(c) Pension Counseling Programs.--
            ``(1) Use of funds.--In carrying out the projects specified 
        in subsection (b), the Assistant Secretary may award grants to 
        eligible entities to establish programs that create or continue 
        pension assistance and counseling projects that--
                    ``(A) provide outreach, information, counseling, 
                referral, and other assistance regarding pension and 
                other retirement benefits, and rights related to such 
                benefits; and
                    ``(B) collectively, provide the assistance to 
                individuals in all of the States.
            ``(2) Award of grants.--
                    ``(A) Type of entity.--The Assistant Secretary may 
                award under this subsection--
                            ``(i) grants to State agencies or area 
                        agencies on aging; and
                            ``(ii) grants to nonprofit organizations 
                        with a proven record of providing--
                                    ``(I) services related to the 
                                retirement of older individuals;
                                    ``(II) services to Native 
                                Americans; or
                                    ``(III) specific pension 
                                counseling.
                    ``(B) Panel.--If the Assistant Secretary awards 
                grants under this subsection, the Assistant Secretary 
                shall use a citizen advisory panel that shall include 
                representatives of business, labor, national senior 
                advocates, and national pension rights advocates.
                    ``(C) Criteria.--If the Assistant Secretary awards 
                grants under this subsection, the Assistant Secretary, 
after consultation with the panel, shall use as criteria--
                            ``(i) evidence of commitment of an agency 
                        or organization to carry out a proposed pension 
                        counseling program;
                            ``(ii) the ability of the agency or 
                        organization to perform effective outreach to 
                        affected populations, particularly populations 
                        identified as in need of special outreach;
                            ``(iii) reliable information that the 
                        population to be served by the agency or 
                        organization has a demonstrable need for the 
                        services proposed to be provided under the 
                        program; and
                            ``(iv) evidence of ability of the agency or 
                        organization to provide services under the 
                        program on a statewide or regional basis.
            ``(3) Application.--
                    ``(A) In general.--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, including, at a 
                minimum--
                            ``(i) a plan for the establishment of a 
                        pension counseling program to serve a specific 
                        geographic area; and
                            ``(ii) an assurance that staff members 
                        (including volunteer staff members) have no 
                        conflict of interest in providing the services 
                        described in the plan.
                    ``(B) Plan.--The plan described in subparagraph (A) 
                shall provide for a program that--
                            ``(i) establishes or continues a State or 
                        area pension counseling service;
                            ``(ii) provides counseling (including 
                        direct counseling and assistance to individuals 
                        needing information) and information that may 
                        assist individuals in establishing rights to, 
                        obtaining, and filing claims or complaints 
                        related to, pension and other retirement 
                        benefits;
                            ``(iii) provides information on sources of 
                        pension and other retirement benefits, 
                        including the benefits under programs described 
                        in subsection (a)(1);
                            ``(iv) makes referrals to legal services 
                        and other advocacy programs;
                            ``(v) establishes a system of referral to 
                        Federal, State, and local departments or 
                        agencies related to pension and other 
                        retirement benefits;
                            ``(vi) provides a sufficient number of 
                        staff positions (including volunteer positions) 
                        to ensure information, counseling, referral, 
                        and assistance regarding pension and other 
                        retirement benefits;
                            ``(vii) provides training programs for 
                        staff members, including volunteer staff 
                        members of the programs described in subsection 
                        (a)(1);
                            ``(viii) 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
                            ``(ix) establishes or continues to provide 
                        projects to provide outreach, information, 
                        counseling, referral, and other assistance 
                        regarding pension and other retirement 
                        benefits, with particular emphasis on outreach 
                        to women, minorities, and low-income retirees.
    ``(d) Pension Assistance Hotline and Interagency Coordination.--The 
Assistant Secretary may enter into interagency agreements for the 
establishment and operation of, and dissemination of information about, 
a telephone hotline for individuals seeking outreach, information, 
counseling, referral, and assistance regarding pension and other 
retirement benefits, and rights related to such benefits. The Assistant 
Secretary may also enter into agreements with the Secretary of Labor 
and with the heads of other Federal agencies that regulate the 
provision of pension and other retirement benefits, as the Assistant 
Secretary determines to be appropriate, in order to carry out this 
subsection and to develop a nationwide public-private pension 
assistance system.
    ``(e) Report to Congress.--
            ``(1) Preparation.--If grants are awarded under subsection 
        (c), the Assistant Secretary shall prepare a report that--
                    ``(A) summarizes the distribution of funds 
                authorized for grants under this section and the 
                expenditure of such funds;
                    ``(B) 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;
                    ``(C) outlines the problems that individuals 
                participating in programs funded under this section 
                encountered concerning rights related to pension and 
                other retirement benefits; and
                    ``(D) 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.
            ``(2) Submission.--If grants are awarded under subsection 
        (c), not later than 30 months after the date of enactment of 
        this section, the Assistant Secretary shall submit the report 
        described in paragraph (1) 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.
    ``(f) Administrative Expenses.--Of the funds appropriated under 
subsection (g) to carry out this section for a fiscal year, not more 
than $100,000 may be used by the Administration for administrative 
expenses in carrying out this section.
    ``(g) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as may be necessary 
for each of fiscal years 2000 through 2004.''.

  TITLE IV--AMENDMENTS TO TITLE IV OF THE OLDER AMERICANS ACT OF 1965

SEC. 401. REPEAL.

    Title IV of the Older Americans Act of 1965 (42 U.S.C. 3030aa et 
seq.) is repealed.

   TITLE V--AMENDMENTS TO TITLE V OF THE OLDER AMERICANS ACT OF 1965

SEC. 501. OLDER AMERICAN COMMUNITY SERVICE EMPLOYMENT PROGRAM.

    (a) In General.--Section 502 of the Older Americans Act of 1965 (42 
U.S.C. 3056) is amended--
            (1) in subsection (a)--
                    (A) by striking ``(a) In order to foster and 
                promote useful part-time opportunities in community 
                service activities'' and inserting ``(a)(1) In order to 
                foster and promote part-time employment opportunities 
                in community service activities and in the private 
                sector''; and
                    (B) by adding at the end the following:
    ``(2) In order to foster individual economic self-sufficiency and 
to increase the number of persons who may enjoy the benefits of the 
program, the Secretary is authorized to establish projects to place 
participants in unsubsidized employment in both the public and private 
sectors.'';
            (2) in subsection (b)(1)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``agencies or organizations, including'' and 
                inserting ``agencies or organizations, to the extent 
                such agencies or organizations have not been determined 
                to have engaged in negligent or fraudulent activity, or 
                otherwise failed to meet fiduciary responsibilities 
                concerning previous agreements with the Secretary by 
                the Office of Inspector General, the Attorney General, 
                or any court of law. Such organizations and agencies 
                may include'';
                    (B) by striking subparagraph (B) and inserting the 
                following:
            ``(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 
        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) in subparagraph (H), by inserting 
                ``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'' after 
                ``including'';
                    (D) in subparagraph (J), by striking ``community 
                service jobs'' and inserting ``community service and 
                other jobs'';
                    (E) in subparagraph (N)(i), by striking clause (i) 
                and inserting the following:
            ``(i) will prepare an assessment of the participants' 
        skills and talents and their needs for services (referred to in 
        this title as an `assessment and service strategy'), 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.));''; and
                    (F) by striking subparagraph (O) and inserting the 
                following:
            ``(O) will provide appropriate services for participants 
        through the one-stop delivery system in the local workforce 
        investment area 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));'';
            (3) in subsection (b)(3), by striking ``prime sponsors,'';
            (4) by striking subsection (b)(4) and inserting the 
        following:
    ``(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.'';
            (5) in subsection (c)--
                    (A) in paragraph (1), by inserting ``a share, but'' 
                after ``authorized to pay'' the first place it appears;
                    (B) in paragraph (3), by striking ``for fiscal year 
                1987 and each fiscal year thereafter'' and inserting 
                ``for any fiscal year'';
                    (C) by adding at the end the following:
    ``(4) Amounts provided under this title to pay for the costs of 
administration for such project shall only be used to pay for the costs 
of--
            ``(A) participant training, including costs for 
        instructors, classroom rental, training supplies, materials, 
        equipment, and tuition;
            ``(B) special job-related or personal counseling for 
        participants;
            ``(C) incidentals necessary for successful participation of 
        the participants, such as workshoes, badges, uniforms, 
        eyeglasses, and tools;
            ``(D) salaries, wages, and fringe benefits for project 
        administrators;
            ``(E) consumable office supplies for project staff;
            ``(F) development, preparation, presentation, management, 
        and evaluation of the project;
            ``(G) establishment and maintenance of accounting and 
        management information systems;
            ``(H) establishment and maintenance of advisory councils;
            ``(I) travel of project administrators;
            ``(J) rent, utilities, and custodial services;
            ``(K) training of staff and technical assistance to 
        subproject sponsor staff; and
            ``(L) audit services.'';
            (6) in subsection (d)--
                    (A) in paragraph (1), by striking ``program 
                sponsor'' each place it appears and inserting 
                ``grantee''; and
                    (B) in paragraph (2), by striking ``for a hearing 
                on the record'' and all that follows through the period 
                and inserting ``for public comment.'';
            (7) in subsection (e)--
                    (A) in paragraph (1)--
                            (i) in the first sentence, by striking 
                        ``conduct experimental projects designed to''; 
                        and
                            (ii) in the second sentence, by striking 
                        ``to conduct the experimental projects 
                        authorized by this subsection'' and inserting 
                        ``to assure that placement and training''; and
                    (B) by striking paragraphs (3) and (4); and
            (8) by adding at the end the following:
    ``(f) The Secretary shall, on a regular basis, carry out 
evaluations of the activities authorized under this title, which may 
include projects described in subsection (e).''.

SEC. 502. ADMINISTRATION.

    Section 503 of the Older Americans Act of 1965 (42 U.S.C. 3056a) is 
amended--
            (1) in subsection (a)(2), by striking ``titles III, IV, and 
        VI'' and inserting ``other titles of this Act'';
            (2) in subsection (b)(1)--
                    (A) by striking ``and the Vocational Education Act 
                of 1984'' and inserting ``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.)'';
                    (B) by striking ``titles III, IV, and VI'' and 
                inserting ``other titles of this Act''; and
                    (C) by striking ``or the Vocational Education Act 
                of 1984'' and inserting ``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''; and
            (3) by striking subsection (f) and inserting the following:
    ``(f)(1) The Secretary shall monitor activities receiving financial 
assistance under this title to determine whether the grantees for the 
activities are complying with the provisions of 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 in 
circulars or rules of the Office of Management and Budget.
    ``(3) Each grantee described in paragraph (2) shall prepare and 
submit reports in such form 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.''.

SEC. 503. INTERAGENCY COOPERATION.

    Section 505 of the Older Americans Act of 1965 (42 U.S.C. 3056c) is 
amended--
            (1) by striking subsection (c);
            (2) by redesignating subsection (d) as subsection (c); and
            (3) in subsection (c)(1) (as redesignated by paragraph 
        (2)), by inserting ``, especially activities provided under the 
        Workforce Investment Act of 1988 (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)),'' after ``under other Acts''.

SEC. 504. EQUITABLE DISTRIBUTION OF ASSISTANCE.

    Title V of the Older Americans Act of 1965 is amended--
            (1) by repealing section 506 (42 U.S.C. 3056d);
            (2) by redesignating section 508 (42 U.S.C. 3056f) as 
        section 515 and moving the section to the end of the title;
            (3) by redesignating section 507 (42 U.S.C. 3056e) as 
        section 516 and moving the section to the end of the title; and
            (4) by inserting after section 505 (42 U.S.C. 3056c) the 
        following:

``SEC. 506. EQUITABLE 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 also 
        reserve not more than 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.
    ``(b) State Allotments.--
            ``(1) In general.--
                    ``(A) Allotments.--Subject to paragraph (3), from 
                sums appropriated under this title for a fiscal year 
                that remain after amounts are reserved under paragraphs 
                (1) and (2) of subsection (a), the Secretary shall 
                allot to each State an amount that bears the same ratio 
                to such remainder as the product of the number of 
                persons age 55 or over in the State and the allotment 
                percentage of such State bears to the sum of the 
                corresponding products for all States.
                    ``(B) Definition.--In this paragraph, the term 
                `State' does not include Guam, American Samoa, the 
                Commonwealth of the Northern Mariana Islands, and the 
                United States Virgin Islands.
            ``(2) Allotment percentage.--For the purposes of this 
        subsection--
                    ``(A) the allotment percentage of each State shall 
                be 100 percent less that percentage that 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--
                            ``(i) the allotment percentage shall in no 
                        case be more than 75 percent or less than 33\1/
                        3\ percent; and
                            ``(ii) the allotment percentage for the 
                        District of Columbia and the Commonwealth of 
                        Puerto Rico shall be 75 percent; and
                    ``(B) the number of persons age 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 current statistical 
                data as reported by the Secretary of Commerce.
            ``(3) Hold Harmless.--
                    ``(A) Minimum allotment.--In determining State 
                allotments under paragraph (1), the Secretary shall 
                ensure that each State receives, at a minimum, an 
                allotment for each fiscal year that is not less than 
                the allotment the State received under this section for 
                fiscal year 1999.
                    ``(B) Adjustments to achieve minimum allotment.--
                Allotments provided to States for a fiscal year under 
                paragraph (1) shall be proportionally reduced to the 
                extent necessary in order to award each State the 
                allotment described in subparagraph (A).
            ``(4) Equitable distribution.--The Secretary, in awarding 
        grants and contracts under this section, 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.
    ``(c) Allocation Within States.--
            ``(1) In general.--Of the amount allotted to a State under 
        subsection (b)--
                    ``(A) 55 percent of such amount shall be allocated 
                to national organizations that are operating in such 
                State; and
                    ``(B) 45 percent of such amount shall be allocated 
                to the State agency for such State.
            ``(2) State allotments increased.--If a national 
        organization receives a percentage of a State allotment under 
        this section for a fiscal year and does not participate in a 
        project under this title in the following fiscal year, the 
        Secretary shall adjust the percentages described in paragraph 
        (1) accordingly.
            ``(3) Equitable intrastate allocation.--
                    ``(A) In general.--The amount allocated for 
                projects within each State under this subsection 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 307(a)(26).
                    ``(B) Absence of priorities in state plan.--If the 
                State plan does not contain the priorities described in 
                subparagraph (A), the amount allocated for projects 
                within the State shall be allocated among areas within 
                the State in an equitable manner, taking into 
                consideration--
                            ``(i) the relationship that the number of 
                        eligible individuals in each such area bears to 
                        the total number of such individuals, 
                        respectively, in that State;
                            ``(ii) the relative distribution of such 
                        individuals residing in rural and urban areas 
                        within the State; and
                            ``(iii) the relative distribution of--
                                    ``(I) such individuals who are 
                                individuals with greatest economic 
                                need;
                                    ``(II) such individuals who are 
                                minority individuals; and
                                    ``(III) such individuals who are 
                                individuals with greatest social need.

``SEC. 507. REALLOTMENT.

    ``(a) In General.--The amount allotted to a State for projects 
within the State for a fiscal year under section 506(b) that the 
Secretary determines is not required for such projects during such year 
shall be reallotted to other States in proportion to the original 
allotments to such States under section 506(b) for such year, but such 
proportionate amount for any of such other States shall be reduced to 
the extent such amount exceeds the sum the Secretary estimates that 
projects in such State need for such year. The total of such reductions 
shall be similarly reallotted among the States whose proportionate 
amounts were not so reduced.
    ``(b) Date of Reallotments.--The Secretary may make the allotments 
described in subsection (a) from time to time and on such dates during 
the year as the Secretary determines to be appropriate.
    ``(c) Reallotment Part of Original Allotment.--Any amount 
reallotted to a State under this section during a fiscal year shall be 
deemed to be part of the State's allotment under section 506(b) for 
such year.

``SEC. 508. REPORT.

    ``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 
506(c)(3). 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. 505. DUAL ELIGIBILITY.

    Section 510 of the Older Americans Act of 1965 (42 U.S.C. 3056h) is 
amended to read as follows:

``SEC. 510. ELIGIBILITY FOR WORKFORCE INVESTMENT ACTIVITIES.

    ``Local workforce investment boards established under subtitle B of 
title I of the Workforce Investment Act of 1998 (29 U.S.C. 2811 et 
seq.) shall consider individuals determined to be eligible under this 
title to have satisfied the requirements for receiving services under 
such subtitle that are applicable to adults and ensure the provision of 
such services to such individuals.''.

SEC. 506. COORDINATION AND PERFORMANCE.

    Title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.) 
is amended by inserting after section 511 the following:

``SEC. 512. COORDINATION WITH THE WORKFORCE INVESTMENT ACT OF 1998.

    ``(a) Partners.--Grantees under this title shall be one-stop 
partners as described in subparagraphs (A) and (B)(vi) of section 
121(b)(1) of the Workforce Investment Act of 1998 (29 U.S.C. 
2841(b)(1)) in the one-stop delivery system established under section 
134(c) of such Act (29 U.S.C. 2864(c)) for the appropriate local 
workforce investment areas, and shall carry out the responsibilities 
relating to such partners.
    ``(b) Coordination.--In local workforce investment areas where more 
than 1 grantee under this title provides services, the grantees shall 
coordinate their activities related to the one-stop delivery system, 
and each grantee shall be a signatory 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. WAIVERS.

    ``(a) In General.--Pursuant to a written request submitted by a 
grantee receiving funds under section 506, the Secretary may waive any 
of the statutory or regulatory requirements of this title except the 
requirements relating to the basic purposes of the program, wage and 
labor standards, worker rights, participation and protection of workers 
and participants, grievance procedures, judicial review, and 
eligibility of participants.
    ``(b) Request.--Any grantee seeking a waiver under subsection (a) 
shall submit a request that describes the goals of the waiver and the 
expected improvements in the program if the request is approved.
    ``(c) Duration.--The duration of each waiver approved under this 
section shall be limited to the duration of the grant agreement. Such 
waiver may be renewed pursuant to approval of a subsequent request that 
meets the requirements of this section.
    ``(d) Report.--With respect to each waiver approved under this 
section, each grantee shall prepare and submit to the Secretary a 
report concerning the impact of the waiver on the operation and 
effectiveness of projects and services under this title. Such report 
shall be submitted not later than 1 year after the expiration of such 
waiver, and at such times during the waiver period as the Secretary may 
require.

``SEC. 514. PERFORMANCE.

    ``(a) Measures.--The Secretary shall establish, in consultation 
with grantees under this title, measures of performance that are 
appropriate to activities authorized by this title. The measures shall 
consist of indicators of performance and levels of performance 
applicable to each indicator. The levels of performance shall be 
adjusted by taking into account such factors as economic conditions and 
the characteristics of participants.
    ``(b) Required Indicators.--The indicators described in subsection 
(a) shall include--
            ``(1) the number of persons served;
            ``(2) community services provided;
            ``(3) entry into and retention in unsubsidized employment;
            ``(4) entry into and duration of subsidized employment;
            ``(5) rate of pay and benefits in unsubsidized employment;
            ``(6) rate of pay and benefits in subsidized employment; 
        and
            ``(7) any additional indicators of performance that the 
        Secretary determines to be appropriate to evaluate services and 
        performance.
    ``(c) Corrective Efforts.--A grantee, or a subgrantee of a State, 
that does not achieve the established levels of performance on the 
performance measures shall have not more than 1 year to improve the 
performance of the grantee or subgrantee and achieve the levels of 
performance. If the grantee or subgrantee does not achieve the levels 
of performance for 2 consecutive years, the grantee or subgrantee shall 
compete for funding under this title, either at the national or State 
level, whichever is applicable.''.

SEC. 507. AUTHORIZATION OF APPROPRIATIONS.

    Section 515 of the Older Americans Act of 1965 (as redesignated by 
section 504) is amended--
            (1) in subsection (a), by striking paragraph (1) and 
        inserting the following:
            ``(1) such sums as may be necessary for fiscal years 2000 
        through 2008; and'';
            (2) in subsection (b)--
                    (A) in the first sentence, by striking ``used'' and 
                inserting ``available for obligation''; and
                    (B) by striking the last sentence; and
            (3) by adding at the end the following:
    ``(c) At the end of the program year, the Secretary may recapture 
any unexpended funds for the program year, and re-obligate 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.''.

  TITLE VI--AMENDMENTS TO TITLE VI OF THE OLDER AMERICANS ACT OF 1965

SEC. 601. ELIGIBILITY.

    Section 612 of the Older Americans Act of 1965 (42 U.S.C. 3057c) is 
amended--
            (1) by redesignating subsection (b) as subsection (c); and
            (2) by inserting after subsection (a) the following:
    ``(b) An Indian tribe represented by an organization specified in 
subsection (a) shall be eligible for only 1 grant under this part for 
any fiscal year. Nothing in this subsection shall preclude an Indian 
tribe represented by an organization specified in subsection (a) from 
receiving a grant under section 631.''.

SEC. 602. APPLICATIONS.

    Section 614 of the Older Americans Act of 1965 (42 U.S.C. 3057e) is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (11), by striking ``; and'' and 
                inserting a semicolon;
                    (B) in paragraph (12), by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(13) contain an assurance that the tribal organization 
        will use funds made available through the grant--
                    ``(A) to provide in-service training opportunities 
                and courses of instruction on aging to Indian tribes 
                through public and nonprofit Indian aging 
                organizations; and
                    ``(B) to provide annually a national meeting to 
                train directors of programs under this title.'';
            (2) in subsection (b), by striking ``certification'' and 
        inserting ``approval''; and
            (3) 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(a) of the Older Americans Act of 1965 (42 U.S.C. 
3057n(a)) is amended by striking ``$30,000,000'' and all that follows 
through the period and inserting ``such sums as may be necessary to 
carry out this title (other than parts C and D).''.

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 E;
            (2) by redesignating sections 631 through 633 as sections 
        651 through 653, respectively; and
            (3) by inserting after part B the following:

           ``PART C--NATIVE AMERICAN ORGANIZATION PROVISIONS

``SEC. 631. NATIVE AMERICAN PROGRAM.

    ``(a) Establishment.--The Assistant Secretary, acting through the 
Director of the Office for American Indian, Alaskan Native, and Native 
Hawaiian Aging, shall establish and carry out a program for--
            ``(1) assisting eligible entities in prioritizing, on a 
        continuing basis, the needs of the service population of the 
        entities relating to elder rights; and
            ``(2) making grants to eligible entities to carry out 
        vulnerable elder rights protection activities that the entities 
        determine to be priorities.
    ``(b) Application.--In order to be eligible to receive assistance 
under this part, 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.
    ``(c) Eligible Entity.--An entity eligible to receive assistance 
under this section shall be--
            ``(1) an Indian tribe; or
            ``(2) a public agency, or a nonprofit organization, serving 
        older individuals who are Native Americans.
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.

          ``PART D--NATIVE AMERICAN CAREGIVER SUPPORT PROGRAM

``SEC. 641. PROGRAM.

    ``(a) In General.--The Assistant Secretary shall carry out a 
program for making grants to tribal organizations with applications 
approved under part A, 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), (e), and (f)(3) 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.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this 
section.''.

 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.

    ``There are authorized to be appropriated such sums as may be 
necessary to carry out this subtitle.''.

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 ``1999''.

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 (6)(C)(iii), by striking the semicolon and 
        inserting ``; and'';
            (2) by striking paragraph (7);
            (3) by redesignating paragraph (8) as paragraph (7); and
            (4) 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)--
                    (A) in paragraph (2), by striking ``and advocacy'' 
                and inserting ``, law enforcement, and advocacy''; and
                    (B) 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'';
                                    (II) in the matter preceding clause 
                                (i), by inserting ``and caregivers 
                                described in part E of title III'' 
                                after ``unpaid volunteers''; and
                                    (III) 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. NATIVE AMERICAN ORGANIZATION PROVISIONS.

    Title VII of the Older Americans Act of 1965 (42 U.S.C. 3058 et 
seq.) is amended--
            (1) by repealing subtitle B; and
            (2) by redesignating subtitle C as subtitle B.

SEC. 706. 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'';
                    (C) in paragraph (5)--
                            (i) by inserting ``including caregivers 
                        described in part E of title III,'' after 
                        ``individuals,''; and
                            (ii) by striking ``and enhancement of self-
                        determination and autonomy'';
                    (D) in paragraph (7)--
                            (i) by striking ``self-determination,''; 
                        and
                            (ii) by striking the ``and'' after the 
                        semicolon;
                    (E) in paragraph (8), by striking the period at the 
                end and inserting ``; and''; and
                    (F) by adding at the end the following:
            ``(9) promoting the development of, and providing technical 
        assistance concerning, pro bono legal assistance programs, 
        legal hot lines, alternative dispute resolution, programs and 
        curricula, related to the rights and benefits of older 
        individuals, in law schools and other institutions of higher 
        education, State and local bar committees on aging, and other 
        methods to expand access by older individuals to legal 
        assistance and advocacy and vulnerable elder rights protection 
        activities.''; and
            (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.

SEC. 707. 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.

            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)'';
                            (ii) in paragraph (26), by striking 
                        ``sections 307(a)(18) and 731(b)(2)'' and 
                        inserting ``section 307(a)(13)''; and
                            (iii) in paragraph (29) (as redesignated by 
                        section 201(1)(C)), by striking ``and title 
                        IV'' and inserting ``and part F of title III'';
                    (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) in clause (i), by striking ``education 
                        and training projects established under part A, 
                        and research and demonstration projects, and 
                        other activities, established under part B, of 
                        title IV'' and inserting ``activities carried 
                        out under part F of title III''; and
                            (ii) in clause (iv), by striking ``, and 
                        the information provided by the Resource 
                        Centers on Native American Elders under section 
                        429E''.
            (3) Section 203(a)(3)(A) of the Older Americans Act of 1965 
        (42 U.S.C. 3013(a)(3)(A)) is amended by striking ``section 
        507'' and inserting ``section 516''.
            (4) 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''.
            (5) Section 206 of the Older Americans Act of 1965 (42 
        U.S.C. 3017) is amended--
                    (A) in subsection (b), by striking ``title IV of 
                this Act'' and inserting ``part F of title III''; and
                    (B) in subsection (g) (as redesignated by section 
                204(2)), by striking ``title IV'' and inserting ``part 
                F of title III''.
            (6) 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.
            (7) Section 214 of the Older Americans Act of 1965 (42 
        U.S.C. 3020e) is amended by striking ``307(a)(13)(J)'' and 
        inserting ``307(a)(10)(E)''.
    (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)'';
                    (B) by striking subsection (e); and
                    (C) by redesignating subsection (f) (as added in 
                section 303(c)) as 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 308(b)(4)(A) of the Older Americans Act of 1965 
        (42 U.S.C. 3028(b)(4)(A)) is amended by striking ``307(a)(13)'' 
        and inserting ``307(a)(10)''.
            (6) Section 310 of the Older Americans Act of 1965 (42 
        U.S.C. 3030) is amended by striking ``title IV'' each place it 
        appears and inserting ``part F''.
            (7) 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 V.--Section 502(e)(1) of the Older Americans Act of 1965 
(42 U.S.C. 3056(e)(1)) is amended by striking ``section 506(a)(2)(A)'' 
and ``section 506(a)(1)''.
    (e) 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 (13) (as added 
        in section 602(1)(C)) as paragraphs (9) through (12), 
        respectively.
    (f) 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''.
                                 <all>