[Congressional Record Volume 146, Number 134 (Tuesday, October 24, 2000)]
[House]
[Pages H10581-H10606]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
OLDER AMERICANS ACT AMENDMENTS OF 2000
Mr. McKEON. Mr. Speaker, I move to suspend the rules and pass the
bill
[[Page H10582]]
(H.R. 782) to amend the Older Americans Act of 1965 to authorize
appropriations for fiscal years 2000 through 2003, as amended.
The Clerk read as follows:
H.R. 782
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Older Americans Act
Amendments of 2000''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--AMENDMENT TO TITLE I OF THE OLDER AMERICANS ACT OF 1965
Sec. 101. Definitions.
TITLE II--AMENDMENTS TO TITLE II OF THE OLDER AMERICANS ACT OF 1965 AND
THE OLDER AMERICANS ACT AMENDMENTS OF 1987
Subtitle A--Amendments to Title II of the Older Americans Act of 1965
Sec. 201. Functions of assistant secretary.
Sec. 202. Federal agency consultation.
Sec. 203. Evaluation.
Sec. 204. Reports.
Sec. 205. authorization of appropriations.
Subtitle B--Amendments to the Older Americans Act Amendments of 1987
Sec. 211. White house conference.
TITLE III--AMENDMENTS TO TITLE III OF THE OLDER AMERICANS ACT OF 1965
Sec. 301. Purpose.
Sec. 302. Authorization of appropriations.
Sec. 303. Allotment; Federal share.
Sec. 304. Organization.
Sec. 305. Area plans.
Sec. 306. State plans.
Sec. 307. Planning, coordination, evaluation, and administration of
State plans.
Sec. 308. Availability of disaster relief funds to tribal
organizations.
Sec. 309. Nutrition services incentive program.
Sec. 310. Consumer contributions and waivers.
Sec. 311. Supportive services and senior centers.
Sec. 312. Nutrition services.
Sec. 313. Nutrition requirements.
Sec. 314. In-home services and additional assistance.
Sec. 315. Definition.
Sec. 316. National family caregiver support program.
TITLE IV--TRAINING, RESEARCH, AND DISCRETIONARY PROJECTS AND PROGRAMS
Sec. 401. Projects and programs
TITLE V--AMENDMENT TO TITLE V OF THE OLDER AMERICANS ACT OF 1965
Sec. 501. Amendment to title v of the older americans act of 1965.
TITLE VI--AMENDMENTS TO TITLE VI OF THE OLDER AMERICANS ACT OF 1965
Sec. 601. Eligibility.
Sec. 602. Applications.
Sec. 603. Authorization of appropriations.
Sec. 604. General provisions.
TITLE VII--AMENDMENTS TO TITLE VII OF THE OLDER AMERICANS ACT OF 1965
Sec. 701. Authorization of appropriations.
Sec. 702. Allotment.
Sec. 703. Additional State plan requirements.
Sec. 704. State long-term care ombudsman program.
Sec. 705. Prevention of elder abuse, neglect, and exploitation.
Sec. 706. Assistance programs.
Sec. 707. Native american programs.
TITLE VIII--TECHNICAL AND CONFORMING AMENDMENTS
Sec. 801. Technical and conforming amendments.
TITLE I--AMENDMENT TO TITLE I OF THE OLDER AMERICANS ACT OF 1965
SEC. 101. DEFINITIONS.
Section 102 of the Older Americans Act of 1965 (42 U.S.C.
3002) is amended--
(1) in paragraph (3), by striking ``the Commonwealth of the
Northern Mariana Islands, and the Trust Territory of the
Pacific Islands.'' and inserting ``and the Commonwealth of
the Northern Mariana Islands.'';
(2) by striking paragraph (12) and inserting the following:
``(12) The term `disease prevention and health promotion
services' means--
``(A) health risk assessments;
``(B) routine health screening, which may include
hypertension, glaucoma, cholesterol, cancer, vision, hearing,
diabetes, bone density, and nutrition screening;
``(C) nutritional counseling and educational services for
individuals and their primary caregivers;
``(D) health promotion programs, including but not limited
to programs relating to prevention and reduction of effects
of chronic disabling conditions (including osteoporosis and
cardiovascular disease), alcohol and substance abuse
reduction, smoking cessation, weight loss and control, and
stress management;
``(E) programs regarding physical fitness, group exercise,
and music therapy, art therapy, and dance-movement therapy,
including programs for multigenerational participation that
are provided by--
``(i) an institution of higher education;
``(ii) a local educational agency, as defined in section
14101 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 8801); or
``(iii) a community-based organization;
``(F) home injury control services, including screening of
high-risk home environments and provision of educational
programs on injury prevention (including fall and fracture
prevention) in the home environment;
``(G) screening for the prevention of depression,
coordination of community mental health services, provision
of educational activities, and referral to psychiatric and
psychological services;
``(H) educational programs on the availability, benefits,
and appropriate use of preventive health services covered
under title XVIII of the Social Security Act (42 U.S.C. 1395
et seq.);
``(I) medication management screening and education to
prevent incorrect medication and adverse drug reactions;
``(J) information concerning diagnosis, prevention,
treatment, and rehabilitation concerning age-related diseases
and chronic disabling conditions, including osteoporosis,
cardiovascular diseases, diabetes, and Alzheimer's disease
and related disorders with neurological and organic brain
dysfunction;
``(K) gerontological counseling; and
``(L) counseling regarding social services and followup
health services based on any of the services described in
subparagraphs (A) through (K).
The term shall not include services for which payment may be
made under titles XVIII and XIX of the Social Security Act
(42 U.S.C. 1395 et seq., 1396 et seq.).'';
(3) by striking paragraph (18) and redesignating paragraphs
(19), (20), (21), and (22) as paragraphs (18), (19), (20),
and (21);
(4) by striking paragraphs (19) and (20) (as redesignated)
and inserting the following:
``(19) The term `in-home services' includes--
``(A) services of homemakers and home health aides;
``(B) visiting and telephone reassurance;
``(C) chore maintenance;
``(D) in-home respite care for families, and adult day care
as a respite service for families;
``(E) minor modification of homes that is necessary to
facilitate the ability of older individuals to remain at home
and that is not available under another program (other than a
program carried out under this Act);
``(F) personal care services; and
``(G) other in-home services as defined--
``(i) by the State agency in the State plan submitted in
accordance with section 307; and
``(ii) by the area agency on aging in the area plan
submitted in accordance with section 306.
``(20) The term `Native American' means--
``(A) an Indian as defined in paragraph (5); and
``(B) a Native Hawaiian, as defined in section 625.'';
(5) by striking paragraph (23) and redesignating paragraphs
(24) through (35) as paragraphs (22), (23), (24), (25), (26),
(27), (28), (29), (30), (31), (32), and (33);
(6) by striking paragraph (36) and redesignating the
remaining paragraphs; and
(7) by adding at the end the following:
``(42) The term `family violence' has the same meaning
given the term in the Family Violence Prevention and Services
Act (42 U.S.C. 10408).
``(43) The term `sexual assault' has the meaning given the
term in section 2003 of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796gg-2).''.
TITLE II--AMENDMENTS TO TITLE II OF THE OLDER AMERICANS ACT OF 1965 AND
THE OLDER AMERICANS ACT AMENDMENTS OF 1987
Subtitle A--Amendments to Title II of the Older Americans Act of 1965
SEC. 201. FUNCTIONS OF ASSISTANT SECRETARY.
Section 202 of the Older Americans Act of 1965 (42 U.S.C.
3012) is amended--
(1) in subsection (a)--
(A) by striking paragraph (9) and redesignating paragraphs
(10), (11), and (12) as paragraphs (9), (10), and (11)
respectively;
(B) by striking parargraphs (13) and (14) and redesignating
the remaining paragraphs;
(C) in paragraph (15) (as redesignated), by inserting ``and
older individuals residing in rural areas'' after ``low-
income minority individuals'';
(D) in paragraph (18)(B) (as redesignated), by striking
``1990'' and inserting ``2000'';
(E) by striking paragraph (19) (as redesignated) and
inserting the following:
``(19) conduct strict monitoring of State compliance with
the requirements in effect, under this Act to prohibit
conflicts of interest and to maintain the integrity and
public purpose of services provided and service providers,
under this Act in all contractual and commercial
relationships;'';
(F) by striking paragraph (21) (as redesignated) and
inserting the following:
``(21) establish information and assistance services as
priority services for older individuals, and develop and
operate, either directly or through contracts, grants, or
cooperative agreements, a National Eldercare Locator Service,
providing information and assistance services through a
nationwide toll-free number to identify community resources
for older individuals;'';
(G) by striking paragraph (24) (as redesignated) and
inserting the following:
[[Page H10583]]
``(24) establish and carry out pension counseling and
information programs described in section 215;''; and
(H) by striking paragraph (27) and redesignating the
remaining paragraphs;
(I) by adding a new paragraph (27):
``(27) improve the delivery of services to older
individuals living in rural areas through--
``(A) synthesizing results of research on how best to meet
the service needs of older individuals in rural areas;
``(B) developing a resource guide on best practices for
States, area agencies on aging, and service providers;
``(C) providing training and technical assistance to States
to implement these best practices of service delivery; and
``(D) submitting a report on the States' experiences in
implementing these best practices and the effect these
innovations are having on improving service delivery in rural
areas to the relevant committees not later than 36 months
after enactment.'';
(2) in subsection (d)(4), by striking ``1990'' and
inserting ``2000''; and
(3) by adding at the end the following:
``(f)(1) The Assistant Secretary, in accordance with the
process described in paragraph (2), and in collaboration with
a representative group of State agencies, tribal
organizations, area agencies on aging, and providers of
services involved in the performance outcome measures shall
develop and publish by December 31, 2001, a set of
performance outcome measures for planning, managing, and
evaluating activities performed and services provided under
this Act. To the maximum extent possible, the Assistant
Secretary shall use data currently collected (as of the date
of development of the measures) by State agencies, area
agencies on aging, and service providers through the National
Aging Program Information System and other applicable sources
of information in developing such measures.
``(2) The process for developing the performance outcome
measures described in paragraph (1) shall include--
``(A) a review of such measures currently in use by State
agencies and area agencies on aging (as of the date of the
review);
``(B) development of a proposed set of such measures that
provides information about the major activities performed and
services provided under this Act;
``(C) pilot testing of the proposed set of such measures,
including an identification of resource, infrastructure, and
data collection issues at the State and local levels; and
``(D) evaluation of the pilot test and recommendations for
modification of the proposed set of such measures.''.
SEC. 202. FEDERAL AGENCY CONSULTATION.
Title II of the Older Americans Act of 1965 (42 U.S.C. 3011
et seq.) is amended--
(1) in section 203(a)(3)(A), by inserting ``and older
individuals residing in rural areas'' after ``low-income
minority older individuals'';
(2) by striking section 204 and inserting the following:
``SEC. 204. GIFTS AND DONATIONS.
``(a) Gifts and Donations.--The Assistant Secretary may
accept, use, and dispose of, on behalf of the United States,
gifts or donations (in cash or in kind, including voluntary
and uncompensated services or property), which shall be
available until expended for the purposes specified in
subsection (b). Gifts of cash and proceeds of the sale of
property shall be available in addition to amounts
appropriated to carry out this Act.
``(b) Use of Gifts and Donations.--Gifts and donations
accepted pursuant to subsection (a) may be used either
directly, or for grants to or contracts with public or
nonprofit private entities, for the following activities:
``(1) The design and implementation of demonstrations of
innovative ideas and best practices in programs and services
for older individuals.
``(2) The planning and conduct of conferences for the
purpose of exchanging information, among concerned
individuals and public and private entities and
organizations, relating to programs and services provided
under this Act and other programs and services for older
individuals.
``(3) The development, publication, and dissemination of
informational materials (in print, visual, electronic, or
other media) relating to the programs and services provided
under this Act and other matters of concern to older
individuals.
``(c) Ethics Guidelines.--The Assistant Secretary shall
establish written guidelines setting forth the criteria to be
used in determining whether a gift or donation should be
declined under this section because the acceptance of the
gift or donation would--
``(1) reflect unfavorably upon the ability of the
Administration, the Department of Health and Human Services,
or any employee of the Administration or Department, to carry
out responsibilities or official duties under this Act in a
fair and objective manner; or
``(2) compromise the integrity or the appearance of
integrity of programs or services provided under this Act or
of any official involved in those programs or services.'';
(3) in section 205, by striking subsections (c) and (d) and
redesignating subsection (e) as subsection (c);
(4) by redesignating section 215 as section 216; and
(5) by inserting after section 214 the following:
``SEC. 215. PENSION COUNSELING AND INFORMATION PROGRAMS.
``(a) Definitions.--In this section:
``(1) Pension and other retirement benefits.--The term
`pension and other retirement benefits' means private, civil
service, and other public pensions and retirement benefits,
including benefits provided under--
``(A) the Social Security program under title II of the
Social Security Act (42 U.S.C. 401 et seq.);
``(B) the railroad retirement program under the Railroad
Retirement Act of 1974 (45 U.S.C. 231 et seq.);
``(C) the government retirement benefits programs under the
Civil Service Retirement System set forth in chapter 83 of
title 5, United States Code, the Federal Employees Retirement
System set forth in chapter 84 of title 5, United States
Code, or other Federal retirement systems; or
``(D) employee pension benefit plans as defined in section
3(2) of the Employee Retirement Income Security Act of 1974
(29 U.S.C. 1002(2)).
``(2) Pension counseling and information program.--The term
`pension counseling and information program' means a program
described in subsection (b).
``(b) Program Authorized.--The Assistant Secretary shall
award grants to eligible entities to establish and carry out
pension counseling and information programs that create or
continue a sufficient number of pension assistance and
counseling programs to provide outreach, information,
counseling, referral, and other assistance regarding pension
and other retirement benefits, and rights related to such
benefits, to individuals in the United States.
``(c) Eligible Entities.--The Assistant Secretary shall
award grants under this section to--
``(1) State agencies or area agencies on aging; and
``(2) nonprofit organizations with a proven record of
providing--
``(A) services related to retirement of older individuals;
``(B) services to Native Americans; or
``(C) specific pension counseling.
``(d) Citizen Advisory Panel.--The Assistant Secretary
shall establish a citizen advisory panel to advise the
Assistant Secretary regarding which entities should receive
grant awards under this section. Such panel shall include
representatives of business, labor, national senior
advocates, and national pension rights advocates. The
Assistant Secretary shall consult such panel prior to
awarding grants under this section.
``(e) Application.--To be eligible to receive a grant under
this section, an entity shall submit an application to the
Assistant Secretary at such time, in such manner, and
containing such information as the Assistant Secretary may
require, including--
``(1) a plan to establish a pension counseling and
information program that--
``(A) establishes or continues a State or area pension
counseling and information program;
``(B) serves a specific geographic area;
``(C) provides counseling (including direct counseling and
assistance to individuals who need information regarding
pension and other retirement benefits) and information that
may assist individuals in obtaining, or establishing rights
to, and filing claims or complaints regarding, pension and
other retirement benefits;
``(D) provides information on sources of pension and other
retirement benefits;
``(E) establishes a system to make referrals for legal
services and other advocacy programs;
``(F) establishes a system of referral to Federal, State,
and local departments or agencies related to pension and
other retirement benefits;
``(G) provides a sufficient number of staff positions
(including volunteer positions) to ensure information,
counseling, referral, and assistance regarding pension and
other retirement benefits;
``(H) provides training programs for staff members,
including volunteer staff members, of pension and other
retirement benefits programs;
``(I) makes recommendations to the Administration, the
Department of Labor and other Federal, State and local
agencies concerning issues for older individuals related to
pension and other retirement benefits; and
``(J) establishes or continues an outreach program to
provide information, counseling, referral and assistance
regarding pension and other retirement benefits, with
particular emphasis on outreach to women, minorities, older
individuals residing in rural areas and low income retirees;
and
``(2) an assurance that staff members (including volunteer
staff members) have no conflict of interest in providing the
services described in the plan described in paragraph (1).
``(f) Criteria.--The Assistant Secretary shall consider the
following criteria in awarding grants under this section:
``(1) Evidence of a commitment by the entity to carry out a
proposed pension counseling and information program.
``(2) The ability of the entity to perform effective
outreach to affected populations, particularly populations
that are identified in need of special outreach.
``(3) Reliable information that the population to be served
by the entity has a demonstrable need for the services
proposed to be provided under the program.
[[Page H10584]]
``(4) The ability of the entity to provide services under
the program on a statewide or regional basis.
``(g) Training and Technical Assistance Program.--
``(1) In general.--The Assistant Secretary shall award
grants to eligible entities to establish training and
technical assistance programs that shall provide information
and technical assistance to the staffs of entities operating
pension counseling and information programs described in
subsection (b), and general assistance to such entities,
including assistance in the design of program evaluation
tools.
``(2) Eligible entities.--Entities that are eligible to
receive a grant under this subsection include nonprofit
private organizations with a record of providing national
information, referral, and advocacy in matters related to
pension and other retirement benefits.
``(3) Application.--To be eligible to receive a grant under
this subsection, an entity shall submit an application to the
Assistant Secretary at such time, in such manner, and
containing such information as the Assistant Secretary may
require.
``(h) Pension Assistance Hotline and Intragency
Coordination.--
``(1) Hotline.--The Assistant Secretary shall enter into
agreements with other Federal agencies to establish and
administer a national telephone hotline that shall provide
information regarding pension and other retirement benefits,
and rights related to such benefits.
``(2) Content.--Such hotline described in paragraph (1)
shall provide information for individuals seeking outreach,
information, counseling, referral, and assistance regarding
pension and other retirement benefits, and rights related to
such benefits.
``(3) Agreements.--The Assistant Secretary may enter into
agreements with the Secretary of Labor and the heads of other
Federal agencies that regulate the provision of pension and
other retirement benefits in order to carry out this
subsection.
``(i) Report to Congress.--Not later than 30 months after
the date of the enactment of this section, the Assistant
Secretary shall submit to the Committee on Education and the
Workforce of the House of Representatives and the Committee
on Health, Education, Labor and Pensions of the Senate a
report that--
``(1) summarizes the distribution of funds authorized for
grants under this section and the expenditure of such funds;
``(2) summarizes the scope and content of training and
assistance provided under a program carried out under this
section and the degree to which the training and assistance
can be replicated;
``(3) outlines the problems that individuals participating
in programs funded under this section encountered concerning
rights related to pension and other retirement benefits; and
``(4) makes recommendations regarding the manner in which
services provided in programs funded under this section can
be incorporated into the ongoing programs of State agencies,
area agencies on aging, multipurpose senior centers and other
similar entities.
``(j) Administrative Expenses.--Of the funds appropriated
under section 216 to carry out this section for a fiscal
year, not more than $100,000 may be used by the
Administration for administrative expenses.''.
SEC. 203. EVALUATION.
Section 206 of the Older Americans Act of 1965 (42 U.S.C.
3017) is amended--
(1) in subsection (a), by inserting ``and older individuals
residing in rural areas'' after ``low-income minority
individuals'' each place it appears;
(2) in subsection (c), by inserting ``, older individuals
residing in rural areas'' after ``minority individuals'';
(3) by striking subsection (g); and
(4) by redesignating subsection (h) as subsection (g).
SEC. 204. REPORTS.
Section 207 of the Older Americans Act of 1965 (42 U.S.C.
3018) is amended--
(1) in subsection (a)(4), by inserting ``older individuals
residing in rural areas,'' after ``low-income minority
individuals,''; and
(2) in subsection (c)(5) by inserting ``and older
individuals residing in rural areas'' after ``low-income
minority individuals'' each place it appears.
SEC. 205. AUTHORIZATION OF APPROPRIATIONS.
Section 216 of the Older Americans Act of 1965 (42 U.S.C.
3020f) (as redesignated by section 202) is amended--
(1) in subsection (a)--
(A) by striking ``(a) Administration.--'' and inserting
``(a) In General.--'';
(B) by striking ``1992'' and all that follows through the
period and inserting ``2001, 2002, 2003, 2004, and 2005'';
and
(C) by inserting ``administration, salaries, and expenses
of'' after ``appropriated for''; and
(2) by striking subsection (b) and inserting the following:
``(b) Eldercare Locator Service.--There are authorized to
be appropriated to carry out section 202(a)(24) (relating to
the National Eldercare Locator Service) such sums as may be
necessary for fiscal year 2001, and such sums as may be
necessary for each of the 4 succeeding fiscal years.
``(c) Pension Counseling and Information Programs.--There
are authorized to be appropriated to carry out section 215,
such sums as may be necessary for fiscal year 2001 and for
each of the 4 succeeding fiscal years.''.
Subtitle B--Amendments to the Older Americans Act Amendments of 1987
SEC. 211. WHITE HOUSE CONFERENCE.
Title II of the Older Americans Act Amendments of 1987 (42
U.S.C. 3001 note) is amended--
(1) by striking section 201;
(2) by redesignating sections 202, 203, 204, 205, 206, and
207, as sections 201, 202, 203, 204, 205, and 206,
respectively;
(3) in section 201 (as redesignated by paragraph (2))--
(A) by striking subsections (a), (b), and (c) and inserting
the following:
``(a) Authority To Call Conference.--Not later than
December 31, 2005, the President shall convene the White
House Conference on Aging in order to fulfill the purpose set
forth in subsection (c) and to make fundamental policy
recommendations regarding programs that are important to
older individuals and to the families and communities of such
individuals.
``(b) Planning and Direction.--The Conference described in
subsection (a) shall be planned and conducted under the
direction of the Secretary, in cooperation with the Assistant
Secretary for Aging, the Director of the National Institute
on Aging, the Administrator of the Health Care Financing
Administration, the Social Security Administrator, and the
heads of such other Federal agencies serving older
individuals as are appropriate. Planning and conducting the
Conference includes the assignment of personnel.
``(c) Purpose.--The purpose of the Conference described in
subsection (a) shall be to gather individuals representing
the spectrum of thought and experience in the field of aging
to--
``(1) evaluate the manner in which the objectives of this
Act can be met by using the resources and talents of older
individuals, of families and communities of such individuals,
and of individuals from the public and private sectors;
``(2) evaluate the manner in which national policies that
are related to economic security and health care are prepared
so that such policies serve individuals born from 1946 to
1964 and later, as the individuals become older individuals,
including an examination of the Social Security, medicare,
and medicaid programs carried out under titles II, XVIII, and
XIX of the Social Security Act (42 U.S.C. 401 et seq., 1395
et seq., and 1396 et seq.) in relation to providing services
under this Act, and determine how well such policies respond
to the needs of older individuals; and
``(3) develop not more than 50 recommendations to guide the
President, Congress, and Federal agencies in serving older
individuals.''; and
(B) in subsection (d)(2), by striking ``and individuals
from low-income families.'' and inserting ``individuals from
low-income families, representatives of Federal, State, and
local governments, and individuals from rural areas. A
majority of such delegates shall be age 55 or older.'';
(4) in section 202 (as redesignated by paragraph (2))--
(A) in subsection (a)--
(i) by striking paragraph (3); and
(ii) by redesignating paragraphs (4), (5), and (6) as
paragraphs (3), (4), and (5), respectively;
(B) in subsection (b)--
(i) by striking paragraph (1);
(ii) by redesignating paragraphs (2), (3), (4), and (5) as
paragraphs (1), (2), (3), and (4) respectively;
(iii) in paragraph (1) (as redesignated by clause (ii))--
(I) by striking ``subsection (a)(4)'' and inserting
``subsection (a)(3)''; and
(II) by striking ``regarding such agenda,'' and inserting
``regarding such agenda, and''; and
(iv) in paragraph (2) (as redesignated by clause (ii)), by
striking ``subsection (a)(6)'' and inserting ``subsection
(a)(5)''; and
(C) in subsection (c), by adding at the end ``Gifts may be
earmarked by the donor or the executive committee for a
specific purpose.'';
(5) in section 203(a) (as redesignated by paragraph (2))--
(A) by striking paragraph (1) and inserting the following:
``(1) Establishment.--There is established a Policy
Committee comprised of 17 members to be selected, not later
than 2 years prior to the date on which the Conference
convenes, as follows:
``(A) Presidential appointees.--Nine members shall be
selected by the President and shall include--
``(i) 3 members who are officers or employees of the United
States; and
``(ii) 6 members with experience in the field of aging,
including providers and consumers of aging services.
``(B) House appointees.--Two members shall be selected by
the Speaker of the House of Representatives, after
consultation with the Committee on Education and the
Workforce and the Committee on Ways and Means of the House of
Representatives, and 2 members shall be selected by the
Minority Leader of the House of Representatives, after
consultation with such committees.
``(C) Senate appointees.--Two members shall be selected by
the Majority Leader of the Senate, after consultation with
members of the Committee on Health, Education,
[[Page H10585]]
Labor, and Pensions and the Special Committee on Aging of the
Senate, and 2 members shall be selected by the Minority
Leader of the Senate, after consultation with members of such
committees.'';
(B) in paragraph (2)--
(i) in subparagraph (B), by striking ``Committee'' and
inserting ``Committee for the Secretary''; and
(ii) by striking subparagraphs (D) and (E) and inserting
the following:
``(D) establish the number of delegates to be selected
under section 201(d)(2);
``(E) establish an executive committee consisting of 3 to 5
members, with a majority of such members being age 55 or
older, to work with Conference staff; and
``(F) establish other committees as needed that have a
majority of members who are age 55 or older.''; and
(C) by striking paragraph (3) and inserting the following:
``(3) Voting; chairperson.--
``(A) Voting.--The Policy Committee shall act by the vote
of a majority of the members present. A quorum of Committee
members shall not be required to conduct Committee business.
``(B) Chairperson.--The President shall select the
chairperson from among the members of the Policy Committee.
The chairperson may vote only to break a tie vote of the
other members of the Policy Committee.'';
(6) by striking section 204 (as redesignated by paragraph
(2)) and inserting the following:
``SEC. 204. REPORT OF THE CONFERENCE.
``(a) Preliminary Report.--Not later than 100 days after
the date on which the Conference adjourns, the Policy
Committee shall publish and deliver to the chief executive
officers of the States a preliminary report on the
Conference. Comments on the preliminary report of the
Conference shall be accepted by the Policy Committee.
``(b) Final Report.--Not later than 6 months after the date
on which the Conference adjourns, the Policy Committee shall
publish and transmit to the President and to Congress
recommendations resulting from the Conference and suggestions
for any administrative action and legislation necessary to
implement the recommendations contained within the report.'';
and
(7) in section 206 (as redesignated by paragraph (2))--
(A) in subsection (a), by striking paragraph (1) and
inserting the following:
``(1) In general.--There are authorized to be appropriated
to carry out this section--
``(A) such sums as may be necessary for the first fiscal
year in which the Policy Committee plans the Conference and
for the following fiscal year; and
``(B) such sums as may be necessary for the fiscal year in
which the Conference is held.''; and
(B) in subsection (b)--
(i) in paragraph (1), by striking ``section 203(c)'' and
inserting ``section 202(c)''; and
(ii) in paragraph (3), by striking ``December 31, 1995''
and inserting ``December 31, 2005''.
TITLE III--AMENDMENTS TO TITLE III OF THE OLDER AMERICANS ACT OF 1965
SEC. 301. PURPOSE.
Section 301 of the Older Americans Act of 1965 (42 U.S.C.
3021) is amended by adding at the end the following:
``(d)(1) Any funds received under an allotment as described
in section 304(a), or funds contributed toward the non-
Federal share under section 304(d), shall be used only for
activities and services to benefit older individuals and
other individuals as specifically provided for in this title.
``(2) No provision of this title shall be construed as
prohibiting a State agency or area agency on aging from
providing services by using funds from sources not described
in paragraph (1).''.
SEC. 302. AUTHORIZATION OF APPROPRIATIONS.
Section 303 of the Older Americans Act of 1965 (42 U.S.C
3023) is amended--
(1) by striking subsection (a)(1) and inserting the
following:
``(a)(1) There are authorized to be appropriated to carry
out part B (relating to supportive services) such sums as may
be necessary for fiscal year 2001, and such sums as may be
necessary for each of the 4 succeeding fiscal years.'';
(2) by striking subsection (b) and inserting the following:
``(b)(1) There are authorized to be appropriated to carry
out subpart 1 of part C (relating to congregate nutrition
services) such sums as may be necessary for fiscal year 2001,
and such sums as may be necessary for each of the 4
succeeding fiscal years.
``(2) There are authorized to be appropriated to carry out
subpart 2 of part C (relating to home delivered nutrition
services) such sums as may be necessary for fiscal year 2001,
and such sums as may be necessary for each of the 4
succeeding fiscal years.''; and
(3) by striking subsections (d) through (g) and inserting
the following:
``(d) There are authorized to be appropriated to carry out
part D (relating to disease prevention and health promotion
services) such sums as may be necessary for fiscal year 2001,
and such sums as may be necessary for each of the 4
succeeding fiscal years.
``(e)(1) There are authorized to be appropriated to carry
out part E (relating to family caregiver support)
$125,000,000 for fiscal year 2001 if the aggregate amount
appropriated under subsection (a)(1) (relating to part B,
supportive services), paragraphs (1) (relating to subpart 1
of part C, congregate nutrition services) and (2) (relating
to subpart 2 of part C, home delivered nutrition services) of
subsection (b), and (d) (relating to part D, disease
prevention and health promotion services) of this section for
fiscal year 2001 is not less than the aggregate amount
appropriated under subsection (a)(1), paragraphs (1) and (2)
of subsection (b), and subsection (d) of section 303 of the
Older Americans Act of 1965 for fiscal year 2000.
``(2) There are authorized to be appropriated to carry out
part E (relating to family caregiver support) such sums as
may be necessary for each of the 4 succeeding fiscal years.
``(3) Of the funds appropriated under paragraphs (1) and
(2)--
``(A) 4 percent of such funds shall be reserved to carry
out activities described in section 375; and
``(B) 1 percent of such funds shall be reserved to carry
out activities described in section 376.''.
SEC. 303. ALLOTMENT; FEDERAL SHARE.
(a) In General.--Section 304 of the Older Americans Act of
1965 (42 U.S.C. 3024) is amended by striking subsection (a)
and inserting the following:
``(a)(1) From the sums appropriated under subsections (a)
through (d) of section 303 for each fiscal year, each State
shall be allotted an amount which bears the same ratio to
such sums as the population of older individuals in such
State bears to the population of older individuals in all
States.
``(2) In determining the amounts allotted to States from
the sums appropriated under section 303 for a fiscal year,
the Assistant Secretary shall first determine the amount
allotted to each State under paragraph (1) and then
proportionately adjust such amounts, if necessary, to meet
the requirements of paragraph (3).
``(3)(A) No State shall be allotted less than \1/2\ of 1
percent of the sum appropriated for the fiscal year for which
the determination is made.
``(B) Guam and the United States Virgin Islands shall each
be allotted not less than \1/4\ of 1 percent of the sum
appropriated for the fiscal year for which the determination
is made.
``(C) American Samoa and the Commonwealth of the Northern
Mariana Islands shall each be allotted not less than \1/16\
of 1 percent of the sum appropriated for the fiscal year for
which the determination is made. For the purposes of the
exception contained in subparagraph (A) only, the term
``State'' does not include Guam, American Samoa, the United
States Virgin Islands, and the Commonwealth of the Northern
Mariana Islands.
``(D) No State shall be allotted less than the total amount
allotted to the State for fiscal year 2000 and no State shall
receive a percentage increase above the fiscal year 2000
allotment that is less than 20 percent of the percentage
increase above the fiscal year 2000 allotments for all of the
States.
``(4) The number of individuals aged 60 or older in any
State and in all States shall be determined by the Assistant
Secretary on the basis of the most recent data available from
the Bureau of the Census, and other reliable demographic data
satisfactory to the Assistant Secretary.
``(5) State allotments for a fiscal year under this section
shall be proportionally reduced to the extent that
appropriations may be insufficient to provide the full
allotments of the prior year.''.
(b) Availability of Funds for Reallotment.--Section 304(b)
of the Older Americans Act of 1965 (42 U.S.C. 3024(b)) is
amended in the first sentence by striking ``part B or C'' and
inserting ``part B or C, or subpart 1 of part E,''.
SEC. 304. ORGANIZATION.
Section 305(a) of the Older Americans Act of 1965 (42
U.S.C. 3025(a)) is amended by--
(1) in paragraph (1)(E), by inserting ``and older
individuals residing in rural areas'' after ``low-income
minority individuals'' each place it appears; and
(2) in paragraph (2)--
(A) in subparagraph (E) by striking ``,'' and inserting
``and older individuals residing in rural areas,'' after
``low-income minority individuals'';
(B) in subparagraph (G)(i) by inserting ``and older
individuals residing in rural areas'' after ``low-income
minority older individuals''; and
(C) in subparagraph (G)(ii) by inserting ``and older
individuals residing in rural areas'' after ``low-income
minority individuals''.
SEC. 305. AREA PLANS.
(a) In General.--Section 306(a) of the Older Americans Act
of 1965 (42 U.S.C. 3026(a)) is amended--
(1) in paragraph (1), by inserting ``and older individuals
residing in rural areas'' after ``low-income minority
individuals'' in each place it appears;
(2) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by striking
``section 307(a)(22)'' and inserting ``section 307(a)(2)'';
(B) in subparagraph (B), by striking ``services
(homemaker'' and all that follows through ``maintenance,
and'' and inserting ``services, including''; and
(C) in the matter following subparagraph (C), by striking
``and specify annually in such plan, as submitted or as
amended,'' and inserting ``and assurances that the area
agency on aging will report annually to the State agency'';
(3) in paragraph (3)(A), by striking ``paragraph
(6)(E)(ii)'' and inserting ``paragraph (6)(C)'';
[[Page H10586]]
(4)(A) by striking paragraph (4); and
(B) by redesignating paragraph (5) as paragraph (4);
(5) in paragraph (4)(A)(i) (as redesignated) by inserting
``and older individuals residing in rural areas'' after
``low-income minority individuals'';
(6) in paragraph (4)(A)(ii) (as redesignated) by inserting
``and older individuals residing in rural areas'' after
``low-income minority individuals'' each place it appears;
(7) in paragraph (4)(B)(i) (as redesignated) by inserting
``and older individuals residing in rural areas'' after
``low-income minority individuals'' each place it appears;
(8) in paragraph (4)(C) (as redesignated) by inserting
``and older individuals residing in rural areas'' after
``low-income minority older individuals'';
(9) by inserting after paragraph (4) (as redesignated by
paragraph (3)) the following:
``(5) provide assurances that the area agency on aging will
coordinate planning, identification, assessment of needs, and
provision of services for older individuals with
disabilities, with particular attention to individuals with
severe disabilities, with agencies that develop or provide
services for individuals with disabilities;'';
(10) in paragraph (6)--
(A) by striking subparagraphs (A), (B), (G), (I), (J), (K),
(L), (O), (P), (Q), (R), and (S);
(B) by redesignating subparagraphs (C), (D), (E), (F), (H),
(M), and (N) as subparagraphs (A), (B), (C), (D), (E), (F),
and (G), respectively;
(C) in subparagraph (C) (as redesignated by subparagraph
(B)), by striking ``or adults'' and inserting ``, assistance
to older individuals caring for relatives who are children'';
(D) in subparagraph (D) (as redesignated by subparagraph
(B)), by inserting ``and older individuals residing in rural
areas'' after ``minority individuals''; and
(E) in subparagraph (F) (as redesignated by subparagraph
(B)), by adding ``and'' after the semicolon;
(11) by striking paragraphs (7) through (13) and inserting
the following:
``(7) provide that the area agency on aging will facilitate
the coordination of community-based, long-term care services
designed to enable older individuals to remain in their
homes, by means including--
``(A) development of case management services as a
component of the long-term care services, consistent with the
requirements of paragraph (8);
``(B) involvement of long-term care providers in the
coordination of such services; and
``(C) increasing community awareness of and involvement in
addressing the needs of residents of long-term care
facilities;
``(8) provide that case management services provided under
this title through the area agency on aging will--
``(A) not duplicate case management services provided
through other Federal and State programs;
``(B) be coordinated with services described in
subparagraph (A); and
``(C) be provided by a public agency or a nonprofit private
agency that--
``(i) gives each older individual seeking services under
this title a list of agencies that provide similar services
within the jurisdiction of the area agency on aging;
``(ii) gives each individual described in clause (i) a
statement specifying that the individual has a right to make
an independent choice of service providers and documents
receipt by such individual of such statement;
``(iii) has case managers acting as agents for the
individuals receiving the services and not as promoters for
the agency providing such services; or
``(iv) is located in a rural area and obtains a waiver of
the requirements described in clauses (i) through (iii);
``(9) provide assurances that the area agency on aging, in
carrying out the State Long-Term Care Ombudsman program under
section 307(a)(9), will expend not less than the total amount
of funds appropriated under this Act and expended by the
agency in fiscal year 2000 in carrying out such a program
under this title;
``(10) provide a grievance procedure for older individuals
who are dissatisfied with or denied services under this
title;
``(11) provide information and assurances concerning
services to older individuals who are Native Americans
(referred to in this paragraph as `older Native Americans'),
including--
``(A) information concerning whether there is a significant
population of older Native Americans in the planning and
service area and if so, an assurance that the area agency on
aging will pursue activities, including outreach, to increase
access of those older Native Americans to programs and
benefits provided under this title;
``(B) an assurance that the area agency on aging will, to
the maximum extent practicable, coordinate the services the
agency provides under this title with services provided under
title VI; and
``(C) an assurance that the area agency on aging will make
services under the area plan available, to the same extent as
such services are available to older individuals within the
planning and service area, to older Native Americans; and
``(12) provide that the area agency on aging will establish
procedures for coordination of services with entities
conducting other Federal or federally assisted programs for
older individuals at the local level, with particular
emphasis on entities conducting programs described in section
203(b) within the planning and service area.'';
(12) by redesignating paragraph (14) as paragraph (13);
(13) by inserting after paragraph (13) (as redesignated by
paragraph (7)) the following:
``(14) provide assurances that funds received under this
title will not be used to pay any part of a cost (including
an administrative cost) incurred by the area agency on aging
to carry out a contract or commercial relationship that is
not carried out to implement this title; and
``(15) provide assurances that preference in receiving
services under this title will not be given by the area
agency on aging to particular older individuals as a result
of a contract or commercial relationship that is not carried
out to implement this title.''; and
(14) by striking paragraphs (17) through (20).
(b) Waivers.--Section 306(b) of the Older Americans Act of
1965 (42 U.S.C. 3026(b)) is amended--
(1) in paragraph (1), by striking ``(1)'' and inserting
before the period ``and had conducted a timely public hearing
upon request''; and
(2) by striking paragraph (2).
SEC. 306. STATE PLANS.
Section 307(a) of the Older Americans Act of 1965 (42
U.S.C. 3027(a)) is amended--
(1) by striking paragraphs (1) through (5) and inserting
the following:
``(1) The plan shall--
``(A) require each area agency on aging designated under
section 305(a)(2)(A) to develop and submit to the State
agency for approval, in accordance with a uniform format
developed by the State agency, an area plan meeting the
requirements of section 306; and
``(B) be based on such area plans.
``(2) The plan shall provide that the State agency will--
``(A) evaluate, using uniform procedures described in
section 202(a)(29), the need for supportive services
(including legal assistance pursuant to 307(a)(11),
information and assistance, and transportation services),
nutrition services, and multipurpose senior centers within
the State;
``(B) develop a standardized process to determine the
extent to which public or private programs and resources
(including volunteers and programs and services of voluntary
organizations) that have the capacity and actually meet such
need; and
``(C) specify a minimum proportion of the funds received by
each area agency on aging in the State to carry out part B
that will be expended (in the absence of a waiver under
sections 306(b) or 316) by such area agency on aging to
provide each of the categories of services specified in
section 306(a)(2).
``(3) The plan shall--
``(A) include (and may not be approved unless the Assistant
Secretary approves) the statement and demonstration required
by paragraphs (2) and (4) of section 305(d) (concerning
intrastate distribution of funds); and
``(B) with respect to services for older individuals
residing in rural areas--
``(i) provide assurances that the State agency will spend
for each fiscal year, not less than the amount expended for
such services for fiscal year 2000;
``(ii) identify, for each fiscal year to which the plan
applies, the projected costs of providing such services
(including the cost of providing access to such services);
and
``(iii) describe the methods used to meet the needs for
such services in the fiscal year preceding the first year to
which such plan applies.
``(4) The plan shall provide that the State agency will
conduct periodic evaluations of, and public hearings on,
activities and projects carried out in the State under this
title and title VII, including evaluations of the
effectiveness of services provided to individuals with
greatest economic need, greatest social need, or
disabilities, with particular attention to low-income
minority individuals and older individuals residing in rural
areas.
``(5) The plan shall provide that the State agency will--
``(A) afford an opportunity for a hearing upon request, in
accordance with published procedures, to any area agency on
aging submitting a plan under this title, to any provider of
(or applicant to provide) services;
``(B) issue guidelines applicable to grievance procedures
required by section 306(a)(10); and
``(C) afford an opportunity for a public hearing, upon
request, by any area agency on aging, by any provider of (or
applicant to provide) services, or by any recipient of
services under this title regarding any waiver request,
including those under section 316.'';
(2) in paragraph (7), by striking subparagraph (C);
(3) by striking paragraphs (8) and (9) and inserting the
following:
``(8)(A) The plan shall provide that no supportive
services, nutrition services, or in-home services will be
directly provided by the State agency or an area agency on
aging in the State, unless, in the judgment of the State
agency--
``(i) provision of such services by the State agency or the
area agency on aging is necessary to assure an adequate
supply of such services;
``(ii) such services are directly related to such State
agency's or area agency on aging's administrative functions;
or
``(iii) such services can be provided more economically,
and with comparable quality, by such State agency or area
agency on aging.
[[Page H10587]]
``(B) Regarding case management services, if the State
agency or area agency on aging is already providing case
management services (as of the date of submission of the
plan) under a State program, the plan may specify that such
agency is allowed to continue to provide case management
services.
``(C) The plan may specify that an area agency on aging is
allowed to directly provide information and assistance
services and outreach.
``(9) The plan shall provide assurances that the State
agency will carry out, through the Office of the State Long-
Term Care Ombudsman, a State Long-Term Care Ombudsman program
in accordance with section 712 and this title, and will
expend for such purpose an amount that is not less than an
amount expended by the State agency with funds received under
this title for fiscal year 2000, and an amount that is not
less than the amount expended by the State agency with funds
received under title VII for fiscal year 2000.'';
(4) by striking paragraph (10) and inserting the following:
``(10) The plan shall provide assurances that the special
needs of older individuals residing in rural areas will be
taken into consideration and shall describe how those needs
have been met and describe how funds have been allocated to
meet those needs.'';
(5) by striking paragraphs (11), (12), (13), and (14);
(6) by redesignating paragraphs (15) and (16) as paragraphs
(11) and (12), respectively;
(7) by striking paragraph (17);
(8) by redesignating paragraph (18) as paragraph (13);
(9) by striking paragraph (19);
(10) by redesignating paragraph (20) as paragraph (14);
(11) by striking paragraphs (21) and (22);
(12) by redesignating paragraphs (23), (24), (25), and (26)
as paragraphs (15), (16), (17), and (18), respectively;
(13) in paragraph (16) (as redesignated by paragraph (12)),
by inserting ``and older individuals residing in rural
areas'' after ``low-income minority individuals'' each place
it appears;
(14) in paragraph (17) (as redesignated by paragraph (12)),
by inserting ``to enhance services'' before ``and develop
collaborative programs'';
(15) in paragraph (18) (as redesignated by paragraph (12)),
by striking ``section 306(a)(6)(I)'' and inserting ``section
306(a)(7)'';
(16) by striking paragraphs (27), (28), (29), and (31);
(17) by redesignating paragraphs (30) and (32) as
paragraphs (19) and (20), respectively;
(18) by striking paragraphs (33), (34), and (35) and
inserting the following:
``(21) The plan shall--
``(A) provide an assurance that the State agency will
coordinate programs under this title and programs under title
VI, if applicable; and
``(B) provide an assurance that the State agency will
pursue activities to increase access by older individuals who
are Native Americans to all aging programs and benefits
provided by the agency, including programs and benefits
provided under this title, if applicable, and specify the
ways in which the State agency intends to implement the
activities.'';
(19) by redesignating paragraph (36) as paragraph (22);
(20) by striking paragraphs (37), (38), (39), (40), and
(43);
(21) by redesignating paragraphs (41), (42), and (44) as
paragraphs (23), (24), and (25), respectively; and
(22) by adding at the end the following:
``(26) The plan shall provide assurances that funds
received under this title will not be used to pay any part of
a cost (including an administrative cost) incurred by the
State agency or an area agency on aging to carry out a
contract or commercial relationship that is not carried out
to implement this title.''.
SEC. 307. PLANNING, COORDINATION, EVALUATION, AND
ADMINISTRATION OF STATE PLANS.
Section 308(b) of the Older Americans Act of 1965 (42
U.S.C. 3028(b)) is amended--
(1) in paragraph (4)--
(A) in subparagraph (A)--
(i) by striking ``in its plan under section 307(a)(13)
regarding Part C of this title,''; and
(ii) by striking ``30 percent'' and inserting ``40
percent'';
(B) in subparagraph (B)--
(i) by striking ``for fiscal year 1993, 1994, 1995, or
1996'' and inserting ``for any fiscal year''; and
(ii) by striking ``to satisfy such need--'' and all that
follows and inserting ``to satisfy such need an additional 10
percent of the funds so received by a State and attributable
to funds appropriated under paragraph (1) or (2) of section
303(b).''; and
(C) by adding at the end the following:
``(C) A State's request for a waiver under subparagraph (B)
shall--
``(i) be not more than 1 page in length;
``(ii) include a request that the waiver be granted;
``(iii) specify the amount of the funds received by a State
and attributable to funds appropriated under paragraph (1) or
(2) of section 303(b), over the permissible 40 percent
referred to in subparagraph (A), that the State requires to
satisfy the need for services under subpart 1 or 2 of part C;
and
``(iv) not include a request for a waiver with respect to
an amount if the transfer of the amount would jeopardize the
appropriate provision of services under subpart 1 or 2 of
part C.''; and
(2) by striking paragraph (5) and inserting the following:
``(5)(A)Notwithstanding any other provision of this title,
of the funds received by a State attributable to funds
appropriated under subsection (a)(1), and paragraphs (1) and
(2) of subsection (b), of section 303, the State may elect to
transfer not more than 30 percent for any fiscal year between
programs under part B and part C, for use as the State
considers appropriate. The State shall notify the Assistant
Secretary of any such election.
``(B) At a minimum, the notification described in
subparagraph (A) shall include a description of the amount to
be transferred, the purposes of the transfer, the need for
the transfer, and the impact of the transfer on the provision
of services from which the funding will be transferred.''.
SEC. 308. AVAILABILITY OF DISASTER RELIEF FUNDS TO TRIBAL
ORGANIZATIONS.
Section 310 of the Older Americans Act of 1965 (42 U.S.C.
3030) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by inserting ``(or to any tribal organization receiving
a grant under title VI)'' after ``any State''; and
(ii) by inserting ``(or funds used by such tribal
organization)'' before ``for the delivery of supportive
services'';
(B) in paragraph (2), by inserting ``and such tribal
organizations'' after ``States''; and
(C) in paragraph (3), by inserting ``or such tribal
organization'' after ``State'' each place it appears; and
(2) in subsections (b)(1) and (c), by inserting ``and such
tribal organizations'' after ``States''.
SEC. 309. NUTRITION SERVICES INCENTIVE PROGRAM.
Section 311 of the Older Americans Act of 1965 (42 U.S.C.
3030a) is amended--
(1) in the section heading, by striking ``availability of
surplus commodities'' and inserting ``nutrition services
incentive program'';
(2) by redesignating subsections (a), (b), (c), and (d) as
subsections (c), (d), (e), and (f), respectively;
(3) by inserting before subsection (c) (as redesignated by
paragraph (2)) the following:
``(a) The purpose of this section is to provide incentives
to encourage and reward effective performance by States and
tribal organizations in the efficient delivery of nutritious
meals to older individuals.
``(b)(1) The Secretary of Agriculture shall allot and
provide in the form of cash or commodities or a combination
thereof (at the discretion of the State) to each State agency
with a plan approved under this title for a fiscal year, and
to each grantee with an application approved under title VI
for such fiscal year, an amount bearing the same ratio to the
total amount appropriated for such fiscal year under
subsection (e) as the number of meals served in the State
under such plan approved for the preceding fiscal year (or
the number of meals served by the title VI grantee, under
such application approved for such preceding fiscal year),
bears to the total number of such meals served in all States
and by all title VI grantees under all such plans and
applications approved for such preceding fiscal year.
``(2) For purposes of paragraph (1), in the case of a
grantee that has an application approved under title VI for a
fiscal year but that did not receive assistance under this
section for the preceding fiscal year, the number of meals
served by the title VI grantee for the preceding fiscal year
shall be deemed to equal the number of meals that the
Assistant Secretary estimates will be served by the title VI
grantee in the fiscal year for which the application was
approved.'';
(4) in subsection (c) (as redesignated by paragraph (2)),
by striking paragraph (4);
(5) in subsection (d) (as redesignated by paragraph (2)),
by striking ``Notwithstanding'' through ``election'' and
inserting ``In any case in which a State elects to receive
cash payments,'';
(6) in subsection (d) (as redesignated by paragraph (2)),
by adding at the end the following:
``(4) Among the commodities delivered under subsection (c),
the Secretary of Agriculture shall give special emphasis to
high protein foods. The Secretary of Agriculture, in
consultation with the Assistant Secretary, is authorized to
prescribe the terms and conditions respecting the donating of
commodities under this subsection.''; and
(7) by striking subsection (e) (as redesignated by
paragraph (2)) and inserting the following:
``(e) There are authorized to be appropriated to carry out
this section (other than subsection (c)(1)) such sums as may
be necessary for fiscal year 2001 and such sums as may be
necessary for each of the 4 succeeding fiscal years.''.
SEC. 310. CONSUMER CONTRIBUTIONS AND WAIVERS.
Part A of title III (42 U.S.C. 3021 et seq.) is amended by
adding at the end the following:
``SEC. 315. CONSUMER CONTRIBUTIONS.
``(a) Cost Sharing.--
``(1) In general.--Except as provided in paragraphs (2) and
(3), a State is permitted to implement cost sharing for all
services funded by this Act by recipients of the services.
``(2) Exception.--The State is not permitted to implement
the cost sharing described in paragraph (1) for the following
services:
[[Page H10588]]
``(A) Information and assistance, outreach, benefits
counseling, or case management services.
``(B) Ombudsman, elder abuse prevention, legal assistance,
or other consumer protection services.
``(C) Congregate and home delivered meals.
``(D) Any services delivered through tribal organizations.
``(3) Prohibitions.--A State or tribal organization shall
not permit the cost sharing described in paragraph (1) for
any services delivered through tribal organizations. A State
shall not permit cost sharing by a low-income older
individual if the income of such individual is at or below
the Federal poverty line. A State may exclude from cost
sharing low-income individuals whose incomes are above the
Federal poverty line. A State shall not consider any assets,
savings, or other property owned by older individuals when
defining low-income individuals who are exempt from cost
sharing, when creating a sliding scale for the cost sharing,
or when seeking contributions from any older individual.
``(4) Payment rates.--If a State permits the cost sharing
described in paragraph (1), such State shall establish a
sliding scale, based solely on individual income and the cost
of delivering services.
``(5) Requirements.--If a State permits the cost sharing
described in paragraph (1), such State shall require each
area agency on aging in the State to ensure that each service
provider involved, and the area agency on aging, will--
``(A) protect the privacy and confidentiality of each older
individual with respect to the declaration or nondeclaration
of individual income and to any share of costs paid or unpaid
by an individual;
``(B) establish appropriate procedures to safeguard and
account for cost share payments;
``(C) use each collected cost share payment to expand the
service for which such payment was given;
``(D) not consider assets, savings, or other property owned
by an older individual in determining whether cost sharing is
permitted;
``(E) not deny any service for which funds are received
under this Act for an older individual due to the income of
such individual or such individual's failure to make a cost
sharing payment;
``(F) determine the eligibility of older individuals to
cost share solely by a confidential declaration of income and
with no requirement for verification; and
``(G) widely distribute State created written materials in
languages reflecting the reading abilities of older
individuals that describe the criteria for cost sharing, the
State's sliding scale, and the mandate described under
subparagraph (E).
``(6) Waiver.--An area agency on aging may request a waiver
to the State's cost sharing policies, and the State shall
approve such a waiver if the area agency on aging can
adequately demonstrate that--
``(A) a significant proportion of persons receiving
services under this Act subject to cost sharing in the
planning and service area have incomes below the threshold
established in State policy; or
``(B) cost sharing would be an unreasonable administrative
or financial burden upon the area agency on aging.
``(b) Voluntary Contributions.--
``(1) In general.--Voluntary contributions shall be allowed
and may be solicited for all services for which funds are
received under this Act provided that the method of
solicitation is noncoercive.
``(2) Local decision.--The area agency on aging shall
consult with the relevant service providers and older
individuals in agency's planning and service area in a State
to determine the best method for accepting voluntary
contributions under this subsection.
``(3) Prohibited acts.--The area agency on aging and
service providers shall not means test for any service for
which contributions are accepted or deny services to any
individual who does not contribute to the cost of the
service.
``(4) Required acts.--The area agency on aging shall ensure
that each service provider will--
``(A) provide each recipient with an opportunity to
voluntarily contribute to the cost of the service;
``(B) clearly inform each recipient that there is no
obligation to contribute and that the contribution is purely
voluntary;
``(C) protect the privacy and confidentiality of each
recipient with respect to the recipient's contribution or
lack of contribution;
``(D) establish appropriate procedures to safeguard and
account for all contributions; and
``(E) use all collected contributions to expand the service
for which the contributions were given.
``(c) Participation.--
``(1) In general.--The State and area agencies on aging, in
conducting public hearings on State and area plans, shall
solicit the views of older individuals, providers, and other
stakeholders on implementation of cost-sharing in the service
area or the State.
``(2) Plans.--Prior to the implementation of cost sharing
under subsection (a), each State and area agency on aging
shall develop plans that are designed to ensure that the
participation of low-income older individuals (with
particular attention to low-income minority individuals and
older individuals residing in rural areas) receiving services
will not decrease with the implementation of the cost sharing
under such subsection.
``(d) Evaluation.--Not later than 1 year after the date of
enactment of the Older Americans Act Amendments of 2000, and
annually thereafter, the Assistant Secretary shall conduct a
comprehensive evaluation of practices for cost sharing to
determine its impact on participation rates with particular
attention to low-income and minority older individuals and
older individuals residing in rural areas. If the Assistant
Secretary finds that there is a disparate impact upon low-
income or minority older individuals or older individuals
residing in rural areas in any State or region within the
State regarding the provision of services, the Assistant
Secretary shall take corrective action to assure that such
services are provided to all older individuals without regard
to the cost sharing criteria.
``SEC. 316. WAIVERS.
``(a) In General.--The Assistant Secretary may waive any of
the provisions specified in subsection (b) with respect to a
State, upon receiving an application by the State agency
containing or accompanied by documentation sufficient to
establish, to the satisfaction of the Assistant Secretary,
that--
``(1) approval of the State legislature has been obtained
or is not required with respect to the proposal for which
waiver is sought;
``(2) the State agency has collaborated with the area
agencies on aging in the State and other organizations that
would be affected with respect to the proposal for which
waiver is sought;
``(3) the proposal has been made available for public
review and comment, including the opportunity for a public
hearing upon request, within the State (and a summary of all
of the comments received has been included in the
application); and
``(4) the State agency has given adequate consideration to
the probable positive and negative consequences of approval
of the waiver application, and the probable benefits for
older individuals can reasonably be expected to outweigh any
negative consequences, or particular circumstances in the
State otherwise justify the waiver.
``(b) Requirements Subject to Waiver.--The provisions of
this title that may be waived under this section are--
``(1) any provision of sections 305, 306, and 307 requiring
statewide uniformity of programs carried out under this
title, to the extent necessary to permit demonstrations, in
limited areas of a State, of innovative approaches to assist
older individuals;
``(2) any area plan requirement described in section 306(a)
if granting the waiver will promote innovations or improve
service delivery and will not diminish services already
provided under this Act;
``(3) any State plan requirement described in section
307(a) if granting the waiver will promote innovations or
improve service delivery and will not diminish services
already provided under this Act;
``(4) any restriction under paragraph (5) of section
308(b), on the amount that may be transferred between
programs carried out under part B and part C; and
``(5) the requirement of section 309(c) that certain
amounts of a State allotment be used for the provision of
services, with respect to a State that reduces expenditures
under the State plan of the State (but only to the extent
that the non-Federal share of the expenditures is not reduced
below any minimum specified in section 304(d) or any other
provision of this title).
``(c) Duration of Waiver.--The application by a State
agency for a waiver under this section shall include a
recommendation as to the duration of the waiver (not to
exceed the duration of the State plan of the State). The
Assistant Secretary, in granting such a waiver, shall specify
the duration of the waiver, which may be the duration
recommended by the State agency or such shorter time period
as the Assistant Secretary finds to be appropriate.
``(d) Reports to Secretary.--With respect to each waiver
granted under this section, not later than 1 year after the
expiration of such waiver, and at any time during the waiver
period that the Assistant Secretary may require, the State
agency shall prepare and submit to the Assistant Secretary a
report evaluating the impact of the waiver on the operation
and effectiveness of programs and services provided under
this title.''.
SEC. 311. SUPPORTIVE SERVICES AND SENIOR CENTERS.
Section 321 of the Older Americans Act of 1965 (42 U.S.C.
3030d) is amended--
(1) in subsection (a)--
(A) in paragraph (2), by striking ``or both'' and inserting
``and services provided by an area agency on aging, in
conjunction with local transportation service providers,
public transportation agencies, and other local government
agencies, that result in increased provision of such
transportation services for older individuals'';
(B) in paragraph (4), by striking ``or (D)'' and all that
follows and inserting ``or (D) to assist older individuals in
obtaining housing for which assistance is provided under
programs of the Department of Housing and Urban
Development;'';
(C) in paragraph (5), by striking ``including'' and all
that follows and inserting the following: ``including--
``(A) client assessment, case management services, and
development and coordination of community services;
``(B) supportive activities to meet the special needs of
caregivers, including caretakers who provide in-home services
to frail older individuals; and
[[Page H10589]]
``(C) in-home services and other community services,
including home health, homemaker, shopping, escort, reader,
and letter writing services, to assist older individuals to
live independently in a home environment;'';
(D) in paragraph (12), by inserting before the semicolon
the following: ``, and including the coordination of the
services with programs administered by or receiving
assistance from the Department of Labor, including programs
carried out under the Workforce Investment Act of 1998 (29
U.S.C. 2801 et seq.)'';
(E) in paragraph (21), by striking ``or'';
(F) by inserting after paragraph (21) the following:
``(22) in-home services for frail older individuals,
including individuals with Alzheimer's disease and related
disorders with neurological and organic brain dysfunction,
and their families, including in-home services defined by a
State agency in the State plan submitted under section 307,
taking into consideration the age, economic need, and
noneconomic and nonhealth factors contributing to the frail
condition and need for services of the individuals described
in this paragraph, and in-home services defined by an area
agency on aging in the area plan submitted under section
306.'';
(G) by redesignating paragraph (22) as paragraph (23); and
(H) in paragraph (23) (as redesignated by subparagraph
(G)), by inserting ``necessary for the general welfare of
older individuals'' before the semicolon; and
(2) by adding at the end the following:
``(c) In carrying out the provisions of this part, to more
efficiently and effectively deliver services to older
individuals, each area agency on aging shall coordinate
services described in subsection (a) with other community
agencies and voluntary organizations providing the same
services. In coordinating the services, the area agency on
aging shall make efforts to coordinate the services with
agencies and organizations carrying out intergenerational
programs or projects.
``(d) Funds made available under this part shall
supplement, and not supplant, any Federal, State, or local
funds expended by a State or unit of general purpose local
government (including an area agency on aging) to provide
services described in subsection (a).''.
SEC. 312. NUTRITION SERVICES.
(a) Repeal.--Subpart 3 of part C of title III of the Older
Americans Act of 1965 (42 U.S.C. 3030g-11 et seq.) is
repealed.
(b) Redesignation.--Part C of title III of the Older
Americans Act of 1965 (42 U.S.C. 3030e et seq.) is amended by
redesignating subpart 4 as subpart 3.
(c) Program Authorized.--Section 331(2) of the Older
Americans Act of 1965 (42 U.S.C. 3030e(2)) is amended by
inserting ``, including adult day care facilities and
multigenerational meal sites'' before the semi-colon.
SEC. 313. NUTRITION REQUIREMENTS.
Subpart 4 of part C of title III of the Older Americans Act
of 1965 (42 U.S.C. 3030g-21) is amended by striking section
339 and inserting the following:
``SEC. 339. NUTRITION.
``A State that establishes and operates a nutrition project
under this chapter shall--
``(1) solicit the advice of a dietitian or individual with
comparable expertise in the planning of nutritional services,
and
``(2) ensure that the project--
``(A) provides meals that--
``(i) comply with the Dietary Guidelines for Americans,
published by the Secretary and the Secretary of Agriculture,
``(ii) provide to each participating older individual--
``(I) a minimum of 33 \1/3\ percent of the daily
recommended dietary allowances as established by the Food and
Nutrition Board of the Institute of Medicine of the National
Academy of Sciences, if the project provides 1 meal per day,
``(II) a minimum of 66\2/3\ percent of the allowances if
the project provides 2 meals per day, and
``(III) 100 percent of the allowances if the project
provides 3 meals per day, and
``(iii) to the maximum extent practicable, are adjusted to
meet any special dietary needs of program participants,
``(B) provides flexibility to local nutrition providers in
designing meals that are appealing to program participants,
``(C) encourages providers to enter into contracts that
limit the amount of time meals must spend in transit before
they are consumed,
``(D) where feasible, encourages arrangements with schools
and other facilities serving meals to children in order to
promote intergenerational meal programs,
``(E) provides that meals, other than in-home meals, are
provided in settings in as close proximity to the majority of
eligible older individuals' residences as feasible,
``(F) comply with applicable provisions of State or local
laws regarding the safe and sanitary handling of food,
equipment, and supplies used in the storage, preparation,
service, and delivery of meals to an older individual,
``(G) ensures that meal providers carry out such project
with the advice of dietitians (or individuals with comparable
expertise), meal participants, and other individuals
knowledgeable with regard to the needs of older individuals,
``(H) ensures that each participating area agency on aging
establishes procedures that allow nutrition project
administrators the option to offer a meal, on the same basis
as meals provided to participating older individuals, to
individuals providing volunteer services during the meal
hours, and to individuals with disabilities who reside at
home with and accompany older individuals eligible under this
chapter,
``(I) ensures that nutrition services will be available to
older individuals and to their spouses, and may be made
available to individuals with disabilities who are not older
individuals but who reside in housing facilities occupied
primarily by older individuals at which congregate nutrition
services are provided, and
``(J) provide for nutrition screening and, where
appropriate, for nutrition education and counseling.
SEC. 314. IN-HOME SERVICES AND ADDITIONAL ASSISTANCE.
Title III of the Older Americans Act of 1965 (42 U.S.C.
3021 et seq.) is amended--
(1) by repealing parts D and E; and
(2) by redesignating part F as part D.
SEC. 315. DEFINITION.
Section 363 of the Older Americans Act of 1965 (42 U.S.C.
3030o) is repealed.
SEC. 316. NATIONAL FAMILY CAREGIVER SUPPORT PROGRAM.
Title III of the Older Americans Act of 1965 (42 U.S.C.
3021 et seq.) is amended--
(1) by repealing part G; and
(2) by inserting after part D (as redesignated by section
313(2)) the following:
``PART E--NATIONAL FAMILY CAREGIVER SUPPORT PROGRAM
``SEC. 371. SHORT TITLE.
``This part may be cited as the `National Family Caregiver
Support Act'.
``Subpart 1--Caregiver Support Program
``SEC. 372. DEFINITIONS.
``In this subpart:
``(1) Child.--The term `child' means an individual who is
not more than 18 years of age.
``(2) Family caregiver.--The term `family caregiver' means
an adult family member, or another individual, who is an
informal provider of in-home and community care to an older
individual.
``(3) Grandparent or older individual who is a relative
caregiver.--The term `grandparent or older individual who is
a relative caregiver' means a grandparent or stepgrandparent
of a child, or a relative of a child by blood or marriage,
who is 60 years of age or older and--
``(A) lives with the child;
``(B) is the primary caregiver of the child because the
biological or adoptive parents are unable or unwilling to
serve as the primary caregiver of the child; and
``(C) has a legal relationship to the child, as such legal
custody or guardianship, or is raising the child informally.
``SEC. 373. PROGRAM AUTHORIZED.
``(a) In General.--The Assistant Secretary shall carry out
a program for making grants to States with State plans
approved under section 307, to pay for the Federal share of
the cost of carrying out State programs, to enable area
agencies on aging, or entities that such area agencies on
aging contract with, to provide multifaceted systems of
support services--
``(1) for family caregivers; and
``(2) for grandparents or older individuals who are
relative caregivers.
``(b) Support Services.--The services provided, in a State
program under subsection (a), by an area agency on aging, or
entity that such agency has contracted with, shall include--
``(1) information to caregivers about available services;
``(2) assistance to caregivers in gaining access to the
services;
``(3) individual counseling, organization of support
groups, and caregiver training to caregivers to assist the
caregivers in making decisions and solving problems relating
to their caregiving roles;
``(4) respite care to enable caregivers to be temporarily
relieved from their caregiving responsibilities; and
``(5) supplemental services, on a limited basis, to
complement the care provided by caregivers.
``(c) Population Served; Priority.--
``(1) Population served.--Services under a State program
under this subpart shall be provided to family caregivers,
and grandparents and older individuals who are relative
caregivers, and who--
``(A) are described in paragraph (1) or (2) of subsection
(a); and
``(B) with regard to the services specified in paragraphs
(4) and (5) of subsection (b), in the case of a caregiver
described in paragraph (1), is providing care to an older
individual who meets the condition specified in subparagraph
(A)(i) or (B) of section 102(28).
``(2) Priority.--In providing services under this subpart,
the State shall give priority for services to older
individuals with greatest social and economic need, (with
particular attention to low-income older individuals) and
older individuals providing care and support to persons with
mental retardation and related developmental disabilities (as
defined in section 102 of the Developmental Disabilities
Assistance and Bill of Rights Act (42 U.S.C. 6001)) (referred
to in this subpart as `developmental disabilities').
``(d) Coordination With Service Providers.--In carrying out
this subpart, each area agency on aging shall coordinate the
activities of the agency, or entity that such
[[Page H10590]]
agency has contracted with, with the activities of other
community agencies and voluntary organizations providing the
types of services described in subsection (b).
``(e) Quality Standards and Mechanisms and
Accountability.--
``(1) Quality standards and mechanisms.--The State shall
establish standards and mechanisms designed to assure the
quality of services provided with assistance made available
under this subpart.
``(2) Data and records.--The State shall collect data and
maintain records relating to the State program in a
standardized format specified by the Assistant Secretary. The
State shall furnish the records to the Assistant Secretary,
at such time as the Assistant Secretary may require, in order
to enable the Assistant Secretary to monitor State program
administration and compliance, and to evaluate and compare
the effectiveness of the State programs.
``(3) Reports.--The State shall prepare and submit to the
Assistant Secretary reports on the data and records required
under paragraph (2), including information on the services
funded under this subpart, and standards and mechanisms by
which the quality of the services shall be assured.
``(f) Caregiver Allotment.--
``(1) In general.--
``(A) From sums appropriated under section 303(e) for
fiscal years 2001 through 2005, the Assistant Secretary shall
allot amounts among the States proportionately based on the
population of individuals 70 years of age or older in the
States.
``(B) In determining the amounts allotted to States from
the sums appropriated under section 303 for a fiscal year,
the Assistant Secretary shall first determine the amount
allotted to each State under subparagraph (A) and then
proportionately adjust such amounts, if necessary, to meet
the requirements of paragraph (2).
``(C) The number of individuals 70 years of age or older in
any State and in all States shall be determined by the
Assistant Secretary on the basis of the most recent data
available from the Bureau of the Census and other reliable
demographic data satisfactory to the Assistant Secretary.
``(2) Minimum allotment.--
``(A) The amounts allotted under paragraph (1) shall be
reduced proportionately to the extent necessary to increase
other allotments under such paragraph to achieve the amounts
described in subparagraph (B).
``(B)(i) Each State shall be allotted \1/2\ of 1 percent of
the amount appropriated for the fiscal year for which the
determination is made.
``(ii) Guam and the Virgin Islands of the United States
shall each be allotted \1/4\ of 1 percent of the amount
appropriated for the fiscal year for which the determination
is made.
``(iii) American Samoa and the Commonwealth of the Northern
Mariana Islands shall each be allotted \1/16\ of 1 percent of
the amount appropriated for the fiscal year for which the
determination is made.
``(C) For the purposes of subparagraph (B)(i), the term
`State' does not include Guam, American Samoa, the Virgin
Islands of the United States, and the Commonwealth of the
Northern Mariana Islands.
``(g) Availability of Funds.--
``(1) Use of funds for administration of area plans.--
Amounts made available to a State to carry out the State
program under this subpart may be used, in addition to
amounts available in accordance with section 303(c)(1), for
costs of administration of area plans.
``(2) Federal share.--
``(A) In general.--Notwithstanding section 304(d)(1)(D),
the Federal share of the cost of carrying out a State program
under this subpart shall be 75 percent.
``(B) Non-federal share.--The non-Federal share of the cost
shall be provided from State and local sources.
``(C) Limitation.--A State may use not more than 10 percent
of the total Federal and non-Federal share available to the
State to provide support services to grandparents and older
individuals who are relative caregivers.
``SEC. 374. MAINTENANCE OF EFFORT.
``Funds made available under this subpart shall supplement,
and not supplant, any Federal, State, or local funds expended
by a State or unit of general purpose local government
(including an area agency on aging) to provide services
described in section 373.
``Subpart 2--National Innovation Programs
``SEC. 375. INNOVATION GRANT PROGRAM.
``(a) In General.--The Assistant Secretary shall carry out
a program for making grants on a competitive basis to foster
the development and testing of new approaches to sustaining
the efforts of families and other informal caregivers of
older individuals, and to serving particular groups of
caregivers of older individuals, including low-income
caregivers and geographically distant caregivers and linking
family support programs with the State entity or agency that
administers or funds programs for persons with mental
retardation or related developmental disabilities and their
families.
``(b) Evaluation and Dissemination of Results.--The
Assistant Secretary shall provide for evaluation of the
effectiveness of programs and activities funded with grants
made under this section, and for dissemination to States of
descriptions and evaluations of such programs and activities,
to enable States to incorporate successful approaches into
their programs carried out under this part.
``(c) Sunset Provision.--This section shall be effective
for 3 fiscal years after the date of enactment of the Older
Americans Act Amendments of 2000.
``SEC. 376. ACTIVITIES OF NATIONAL SIGNIFICANCE.
``(a) In General.--The Assistant Secretary shall, directly
or by grant or contract, carry out activities of national
significance to promote quality and continuous improvement in
the support provided to family and other informal caregivers
of older individuals through program evaluation, training,
technical assistance, and research.
``(b) Sunset Provision.--This section shall be effective
for 3 fiscal years after the date of enactment of the Older
Americans Act Amendments of 2000.''.
TITLE IV--TRAINING, RESEARCH, AND DISCRETIONARY PROJECTS AND PROGRAMS
SEC. 401. PROJECTS AND PROGRAMS
Title IV of the Older Americans Act of 1965 (42 U.S.C.
3030aa et seq.) is amended to read as follows:
``SEC. 401. PURPOSES.
``The purposes of this title are--
``(1) to expand the Nation's knowledge and understanding of
the older population and the aging process;
``(2) to design, test, and promote the use of innovative
ideas and best practices in programs and services for older
individuals;
``(3) to help meet the needs for trained personnel in the
field of aging; and
``(4) to increase awareness of citizens of all ages of the
need to assume personal responsibility for their own
longevity.
``PART A--GRANT PROGRAMS
``SEC. 411. PROGRAM AUTHORIZED.
``(a) In General.--For the purpose of carrying out this
section, the Assistant Secretary may make grants to and enter
into contracts with States, public agencies, private
nonprofit agencies, institutions of higher education, and
organizations, including tribal organizations, for--
``(1) education and training to develop an adequately
trained workforce to work with and on behalf of older
individuals;
``(2) applied social research and analysis to improve
access to and delivery of services for older individuals;
``(3) evaluation of the performance of the programs,
activities, and services provided under this section;
``(4) the development of methods and practices to improve
the quality and effectiveness of the programs, services, and
activities provided under this section;
``(5) the demonstration of new approaches to design,
deliver, and coordinate programs and services for older
individuals;
``(6) technical assistance in planning, developing,
implementing, and improving the programs, services, and
activities provided under this section;
``(7) coordination with the designated State agency
described in section 101(a)(2)(A)(i) of the Rehabilitation
Act of 1973 (29 U.S.C. 721(a)(2)(A)(i)) to provide services
to older individuals who are blind as described in such Act;
``(8) the training of graduate level professionals
specializing in the mental health needs of older individuals;
and
``(9) any other activities that the Assistant Secretary
determines will achieve the objectives of this section.
``(b) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section such
sums as may be necessary for fiscal year 2001, and such sums
as may be necessary for subsequent fiscal years.
``SEC. 412. CAREER PREPARATION FOR THE FIELD OF AGING.
``(a) Grants.--The Assistant Secretary shall make grants to
institutions of higher education, historically Black colleges
or universities, Hispanic Centers of Excellence in Applied
Gerontology, and other educational institutions that serve
the needs of minority students, to provide education and
training to prepare students for careers in the field of
aging.
``(b) Definitions.--For purposes of subsection (a):
``(1) Hispanic center of excellence in applied
gerontology.--The term `Hispanic Center of Excellence in
Applied Gerontology' means an institution of higher education
with a program in applied gerontology that--
``(A) has a significant number of Hispanic individuals
enrolled in the program, including individuals accepted for
enrollment in the program;
``(B) has been effective in assisting Hispanic students of
the program to complete the program and receive the degree
involved;
``(C) has been effective in recruiting Hispanic individuals
to attend the program, including providing scholarships and
other financial assistance to such individuals and
encouraging Hispanic students of secondary educational
institutions to attend the program; and
``(D) has made significant recruitment efforts to increase
the number and placement of Hispanic individuals serving in
faculty or administrative positions in the program.
``(2) Historically black college or university.--The term
`historically Black college or university' has the meaning
given the term `part B institution' in section 322(2) of the
Higher Education Act of 1965 (20 U.S.C. 1061(2)).
[[Page H10591]]
``SEC. 413. OLDER INDIVIDUALS' PROTECTION FROM VIOLENCE
PROJECTS.
``(a) Program Authorized.--The Assistant Secretary shall
make grants to States, area agencies on aging, nonprofit
organizations, or tribal organizations to carry out the
activities described in subsection (b).
``(b) Activities.--A State, an area agency on aging, a
nonprofit organization, or a tribal organization that
receives a grant under subsection (a) shall use such grant
to--
``(1) support projects in local communities, involving
diverse sectors of each community, to coordinate activities
concerning intervention in and prevention of elder abuse,
neglect, and exploitation, including family violence and
sexual assault, against older individuals;
``(2) develop and implement outreach programs directed
toward assisting older individuals who are victims of elder
abuse, neglect, and exploitation (including family violence
and sexual assault, against older individuals), including
programs directed toward assisting the individuals in senior
housing complexes, nursing homes, board and care facilities,
and senior centers;
``(3) expand access to family violence and sexual assault
programs (including shelters, rape crisis centers, and
support groups), including mental health services, safety
planning and legal advocacy for older individuals and
encourage the use of senior housing, hotels, or other
suitable facilities or services when appropriate as emergency
short-term shelters for older individuals who are the victims
of elder abuse, including family violence and sexual assault;
or
``(4) promote research on legal, organizational, or
training impediments to providing services to older
individuals through shelters and other programs, such as
impediments to provision of services in coordination with
delivery of health care or services delivered under this Act.
``(c) Preference.--In awarding grants under subsection (a),
the Assistant Secretary shall give preference to a State, an
area agency on aging, a nonprofit organization, or a tribal
organization that has the ability to carry out the activities
described in this section and title VII of this Act.
``(d) Coordination.--The Assistant Secretary shall
encourage each State, area agency on aging, nonprofit
organization, and tribal organization that receives a grant
under subsection (a) to coordinate activities provided under
this section with activities provided by other area agencies
on aging, tribal organizations, State adult protective
service programs, private nonprofit organizations, and by
other entities receiving funds under title VII of this Act.
``SEC. 414. HEALTH CARE SERVICE DEMONSTRATION PROJECTS IN
RURAL AREAS.
``(a) Authority.--The Assistant Secretary, after
consultation with the State agency of the State involved,
shall make grants to eligible public agencies and nonprofit
private organizations to pay part or all of the cost of
developing or operating model health care service projects
(including related home health care services, adult day
health care, outreach, and transportation) through
multipurpose senior centers that are located in rural areas
and that provide nutrition services under section 331, to
meet the health care needs of medically underserved older
individuals residing in such areas.
``(b) Eligibility.--To be eligible to receive a grant under
subsection (a), a public agency or nonprofit private
organization shall submit to the Assistant Secretary an
application containing such information and assurances as the
Secretary may require, including--
``(1) information describing the nature and extent of the
applicant's--
``(A) experience in providing medical services of the type
to be provided in the project for which a grant is requested;
and
``(B) coordination and cooperation with--
``(i) institutions of higher education having graduate
programs with capability in public health, the medical
sciences, psychology, pharmacology, nursing, social work,
health education, nutrition, or gerontology, for the purpose
of designing and developing such project; and
``(ii) critical access hospitals (as defined in section
1861(mm)(1) of the Social Security Act (42 U.S.C.
1395x(mm)(1)) and rural health clinics (as defined in section
1861(aa)(2) of the Social Security Act (42 U.S.C.
1395x(aa)(2)));
``(2) assurances that the applicant will carry out the
project for which a grant is requested, through a
multipurpose senior center located--
``(A)(i) in a rural area that has a population of less than
5,000; or
``(ii) in a county that has fewer than 7 individuals per
square mile; and
``(B) in a State in which--
``(i) not less than 33\1/3\ of the population resides in
rural areas; and
``(ii) not less than 5 percent of the population resides in
counties with fewer than 7 individuals per square mile;
as defined by and determined in accordance with the most
recent data available from the Bureau of the Census; and
``(3) assurances that the applicant will submit to the
Assistant Secretary such evaluations and reports as the
Assistant Secretary may require.
``(c) Reports.--The Assistant Secretary shall prepare and
submit to the appropriate committees of Congress a report
that includes summaries of the evaluations and reports
required under subsection (b).
``SEC. 415. COMPUTER TRAINING.
``(a) Program Authorized.--The Assistant Secretary, in
consultation with the Assistant Secretary of Commerce for
Communications and Information, may award grants or contracts
to entities to provide computer training and enhanced
Internet access for older individuals.
``(b) Priority.--If the Assistant Secretary awards grants
under subsection (a), the Assistant Secretary shall give
priority to an entity that--
``(1) will provide services to older individuals living in
rural areas;
``(2) has demonstrated expertise in providing computer
training to older individuals; or
``(3) has demonstrated that it has a variety of training
delivery methods, including facility-based, computer-based,
and Internet-based training, that may facilitate a
determination of the best method of training older
individuals.
``(c) Special Consideration.--In awarding grants under this
section, the Assistant Secretary shall give special
consideration to applicants that have entered into a
partnership with 1 or more private entities providing such
applicants with donated information technologies including
software, hardware, or training.
``(d) Use of Funds.--An entity that receives a grant or
contract under subsection (a) shall use funds received under
such grant or contract to provide training for older
individuals that--
``(1) relates to the use of computers and related
equipment, in order to improve the self-employment and
employment-related technology skills of older individuals, as
well as their ability to use the Internet; and
``(2) is provided at senior centers, housing facilities for
older individuals, elementary schools, secondary schools, and
institutions of higher education.
``SEC. 416. TECHNICAL ASSISTANCE TO IMPROVE TRANSPORTATION
FOR SENIORS.
``(a) In General.--The Secretary may award grants or
contracts to nonprofit organizations to improve
transportation services for older individuals.
``(b) Use of Funds.--A nonprofit organization receiving a
grant or contract under subsection (a) shall use funds
received under such grant or contract to provide technical
assistance to assist local transit providers, area agencies
on aging, senior centers and local senior support groups to
encourage and facilitate coordination of Federal, State, and
local transportation services and resources for older
individuals. Such technical assistance may include--
``(1) developing innovative approaches for improving access
by older individuals to supportive services;
``(2) preparing and disseminating information on
transportation options and resources for older individuals
and organizations serving such individuals through
establishing a toll-free telephone number;
``(3) developing models and best practices for
comprehensive integrated transportation services for older
individuals, including services administered by the Secretary
of Transportation, by providing ongoing technical assistance
to agencies providing services under title III and by
assisting in coordination of public and community
transportation services; and
``(4) providing special services to link seniors to
transportation services not provided under title III.
``SEC. 417. DEMONSTRATION PROJECTS FOR MULTIGENERATIONAL
ACTIVITIES.
``(a) Grants and Contracts.--The Assistant Secretary may
award grants and enter into contracts with eligible
organizations to establish demonstration projects to provide
older individuals with multigenerational activities.
``(b) Use of Funds.--An eligible organization shall use
funds made available under a grant awarded, or a contract
entered into, under subsection (a)--
``(1) to carry out a demonstration project that provides
multigenerational activities, including any professional
training appropriate to such activities for older
individuals; and
``(2) to evaluate the project in accordance with subsection
(f).
``(c) Preference.--In awarding grants and entering into
contracts under subsection (a), the Assistant Secretary shall
give preference to--
``(1) eligible organizations with a demonstrated record of
carrying out multigenerational activities; and
``(2) eligible organizations proposing projects that will
serve older individuals with greatest economic need (with
particular attention to low-income minority individuals and
older individuals residing in rural areas).
``(d) Application.--To be eligible to receive a grant or
enter into a contract under subsection (a), an organization
shall submit an application to the Assistant Secretary at
such time, in such manner, and accompanied by such
information as the Assistant Secretary may reasonably
require.
``(e) Eligible Organizations.--Organizations eligible to
receive a grant or enter into a contract under subsection (a)
shall be organizations that employ, or provide opportunities
for, older individuals in multigenerational activities.
``(f) Local Evaluation and Report.--
``(1) Evaluation.--Each organization receiving a grant or a
contract under subsection (a) to carry out a demonstration
project shall evaluate the multigenerational activities
assisted under the project to determine the effectiveness of
the
[[Page H10592]]
multigenerational activities, the impact of such activities
on child care and youth day care programs, and the impact of
such activities on older individuals involved in such
project.
``(2) Report.--The organization shall submit a report to
the Assistant Secretary containing the evaluation not later
than 6 months after the expiration of the period for which
the grant or contract is in effect.
``(g) Report to Congress.--Not later than 6 months after
the Assistant Secretary receives the reports described in
subsection (f)(2), the Assistant Secretary shall prepare and
submit to the Speaker of the House of Representatives and the
President pro tempore of the Senate a report that assesses
the evaluations and includes, at a minimum--
``(1) the names or descriptive titles of the demonstration
projects funded under subsection (a);
``(2) a description of the nature and operation of the
projects;
``(3) the names and addresses of organizations that
conducted the projects;
``(4) a description of the methods and success of the
projects in recruiting older individuals as employees and
volunteers to participate in the projects;
``(5) a description of the success of the projects in
retaining older individuals involved in the projects as
employees and as volunteers; and
``(6) the rate of turnover of older individual employees
and volunteers in the projects.
``(h) Definition.--As used in this section, the term
`multigenerational activity' includes an opportunity to serve
as a mentor or adviser in a child care program, a youth day
care program, an educational assistance program, an at-risk
youth intervention program, a juvenile delinquency treatment
program, or a family support program.
``SEC. 418. NATIVE AMERICAN PROGRAMS.
``(a) Establishment.--
``(1) In general.--The Assistant Secretary shall make
grants or enter into contracts with not fewer than 2 and not
more than 4 eligible entities to establish and operate
Resource Centers on Native American Elders (referred to in
this section as `Resource Centers'). The Assistant Secretary
shall make such grants or enter into such contracts for
periods of not less than 3 years.
``(2) Functions.--
``(A) In general.--Each Resource Center that receives funds
under this section shall--
``(i) gather information;
``(ii) perform research;
``(iii) provide for the dissemination of results of the
research; and
``(iv) provide technical assistance and training to
entities that provide services to Native Americans who are
older individuals.
``(B) Areas of concern.--In conducting the functions
described in subparagraph (A), a Resource Center shall focus
on priority areas of concern for the Resource Centers
regarding Native Americans who are older individuals, which
areas shall be--
``(i) health problems;
``(ii) long-term care, including in-home care;
``(iii) elder abuse; and
``(iv) other problems and issues that the Assistant
Secretary determines are of particular importance to Native
Americans who are older individuals.
``(3) Preference.--In awarding grants and entering into
contracts under paragraph (1), the Assistant Secretary shall
give preference to institutions of higher education that have
conducted research on, and assessments of, the
characteristics and needs of Native Americans who are older
individuals.
``(4) Consultation.--In determining the type of information
to be sought from, and activities to be performed by,
Resource Centers, the Assistant Secretary shall consult with
the Director of the Office for American Indian, Alaskan
Native, and Native Hawaiian Aging and with national
organizations with special expertise in serving Native
Americans who are older individuals.
``(5) Eligible entities.--To be eligible to receive a grant
or enter into a contract under paragraph (1), an entity shall
be an institution of higher education with experience
conducting research and assessment on the needs of older
individuals.
``(6) Report to Congress.--The Assistant Secretary, with
assistance from each Resource Center, shall prepare and
submit to the Speaker of the House of Representatives and the
President pro tempore of the Senate an annual report on the
status and needs, including the priority areas of concern, of
Native Americans who are older individuals.
``(b) Training Grants.--The Assistant Secretary shall make
grants and enter into contracts to provide in-service
training opportunities and courses of instruction on aging to
Indian tribes through public or nonprofit Indian aging
organizations and to provide annually a national meeting to
train directors of programs under this title.
``SEC. 419. MULTIDISCIPLINARY CENTERS.
``(a) Program Authorized.--The Assistant Secretary may make
grants to public and private nonprofit agencies,
organizations, and institutions for the purpose of
establishing or supporting multidisciplinary centers of
gerontology, and gerontology centers of special emphasis
(including emphasis on nutrition, employment, health
(including mental health), disabilities (including severe
disabilities), income maintenance, counseling services,
supportive services, minority populations, and older
individuals residing in rural areas).
``(b) Use of Funds.--
``(1) In general.--The centers described in subsection (a)
shall conduct research and policy analysis and function as a
technical resource for the Assistant Secretary, policymakers,
service providers, and Congress.
``(2) Multidisciplinary centers.--The multidisciplinary
centers of gerontology described in subsection (a) shall--
``(A) recruit and train personnel;
``(B) conduct basic and applied research toward the
development of information related to aging;
``(C) stimulate the incorporation of information on aging
into the teaching of biological, behavioral, and social
sciences at colleges and universities;
``(D) help to develop training programs in the field of
aging at schools of public health, education, social work,
and psychology, and other appropriate schools within colleges
and universities;
``(E) serve as a repository of information and knowledge on
aging;
``(F) provide consultation and information to public and
voluntary organizations, including State agencies and area
agencies on aging, which serve the needs of older individuals
in planning and developing services provided under other
provisions of this Act; and
``(G) if appropriate, provide information relating to
assistive technology.
``(c) Data.--
``(1) In general.--Each center that receives a grant under
subsection (a) shall provide data to the Assistant Secretary
on the projects and activities carried out with funds
received under such subsection.
``(2) Information included.--Such data described in
paragraph (1) shall include--
``(A) information on the number of personnel trained;
``(B) information on the number of older individuals
served;
``(C) information on the number of schools assisted; and
``(D) other information that will facilitate achieving the
objectives of this section.
``SEC. 420. DEMONSTRATION AND SUPPORT PROJECTS FOR LEGAL
ASSISTANCE FOR OLDER INDIVIDUALS.
``(a) Program Authorized.--The Assistant Secretary shall
make grants and enter into contracts, in order to--
``(1) provide a national legal assistance support system
(operated by one or more grantees or contractors) of
activities to State and area agencies on aging for providing,
developing, or supporting legal assistance for older
individuals, including--
``(A) case consultations;
``(B) training;
``(C) provision of substantive legal advice and assistance;
and
``(D) assistance in the design, implementation, and
administration of legal assistance delivery systems to local
providers of legal assistance for older individuals; and
``(2) support demonstration projects to expand or improve
the delivery of legal assistance to older individuals with
social or economic needs.
``(b) Assurances.--Any grants or contracts made under
subsection (a)(2) shall contain assurances that the
requirements of section 307(a)(11) are met.
``(c) Assistance.--To carry out subsection (a)(1), the
Assistant Secretary shall make grants to or enter into
contracts with national nonprofit organizations experienced
in providing support and technical assistance on a nationwide
basis to States, area agencies on aging, legal assistance
providers, ombudsmen, elder abuse prevention programs, and
other organizations interested in the legal rights of older
individuals.
``SEC. 421. OMBUDSMAN AND ADVOCACY DEMONSTRATION PROJECTS.
``(a) Program Authorized.--The Assistant Secretary shall
award grants to not fewer than 3 and not more than 10 States
to conduct demonstrations and evaluate cooperative projects
between the State long-term care ombudsman program, legal
assistance agencies, and the State protection and advocacy
systems for individuals with developmental disabilities and
individuals with mental illness, established under part C of
the Developmental Disabilities Assistance and Bill of Rights
Act (42 U.S.C. 6041 et seq.) and under the Protection and
Advocacy for Mentally Ill Individuals Act of 1986 (42 U.S.C.
10801 et seq.).
``(b) Report.--The Assistant Secretary shall prepare and
submit to Congress a report containing the results of the
evaluation required by subsection (a). Such report shall
contain such recommendations as the Assistant Secretary
determines to be appropriate.
``PART B--GENERAL PROVISIONS
``SEC. 431. PAYMENT OF GRANTS.
``(a) Contributions.--To the extent the Assistant Secretary
determines a contribution to be appropriate, the Assistant
Secretary shall require the recipient of any grant or
contract under this title to contribute money, facilities, or
services for carrying out the project for which such grant or
contract was made.
``(b) Payments.--Payments under this title pursuant to a
grant or contract may be made (after necessary adjustment, in
the case of grants, on account of previously made
overpayments or underpayments) in advance or by way of
reimbursement, and in such installments and on such
conditions, as the Assistant Secretary may determine.
``(c) Consultation.--The Assistant Secretary shall make
no grant or contract under this title in any State that has
established or designated a State agency for purposes of
title III unless the Assistant Secretary--
[[Page H10593]]
``(1) consults with the State agency prior to issuing the
grant or contract; and
``(2) informs the State agency of the purposes of the grant
or contract when the grant or contract is issued.
``SEC. 432. RESPONSIBILITIES OF ASSISTANT SECRETARY.
``(a) In General.--The Assistant Secretary shall be
responsible for the administration, implementation, and
making of grants and contracts under this title and shall not
delegate authority under this title to any other individual,
agency, or organization.
``(b) Report.--
``(1) In general.--Not later than January 1 following each
fiscal year, the Assistant Secretary shall submit, to the
Speaker of the House of Representatives and the President pro
tempore of the Senate, a report for such fiscal year that
describes each project and each program--
``(A) for which funds were provided under this title; and
``(B) that was completed in the fiscal year for which such
report is prepared.
``(2) Contents.--Such report shall contain--
``(A) the name or descriptive title of each project or
program;
``(B) the name and address of the individual or
governmental entity that conducted such project or program;
``(C) a specification of the period throughout which such
project or program was conducted;
``(D) the identity of each source of funds expended to
carry out such project or program and the amount of funds
provided by each such source;
``(E) an abstract describing the nature and operation of
such project or program; and
``(F) a bibliography identifying all published information
relating to such project or program.
``(c) Evaluations.--
``(1) In general.--The Assistant Secretary shall establish
by regulation and implement a process to evaluate the results
of projects and programs carried out under this title.
``(2) Results.--The Assistant Secretary shall--
``(A) make available to the public the results of each
evaluation carried out under paragraph (1); and
``(B) use such evaluation to improve services delivered, or
the operation of projects and programs carried out, under
this Act.''.
TITLE V--AMENDMENT TO TITLE V OF THE OLDER AMERICANS ACT OF 1965
SEC. 501. AMENDMENT TO TITLE V OF THE OLDER AMERICANS ACT OF
1965.
Title V of the Older Americans Act of 1965 (42 U.S.C. 3056
et seq.) is amended to read as follows:
``TITLE V--COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS
``SEC. 501. SHORT TITLE.
``This title may be cited as the `Older American Community
Service Employment Act'.
``SEC. 502. OLDER AMERICAN COMMUNITY SERVICE EMPLOYMENT
PROGRAM.
``(a)(1) In order to foster and promote useful part-time
opportunities in community service activities for unemployed
low-income persons who are 55 years or older and who have
poor employment prospects, and in order to foster individual
economic self-sufficiency and to increase the number of
persons who may enjoy the benefits of unsubsidized employment
in both the public and private sectors, the Secretary of
Labor (hereinafter in this title referred to as the
`Secretary') is authorized to establish an older American
community service employment program.
``(2) Amounts appropriated to carry out this title shall be
used only to carry out the provisions contained in this
title.
``(b)(1) In order to carry out the provisions of this
title, the Secretary is authorized to enter into agreements,
subject to section 514, with State and national public and
private nonprofit agencies and organizations, agencies of a
State government or a political subdivision of a State
(having elected or duly appointed governing officials), or a
combination of such political subdivisions, or tribal
organizations in order to further the purposes and goals of
the program. Such agreements may include provisions for the
payment of costs, as provided in subsection (c) of this
section, of projects developed by such organizations and
agencies in cooperation with the Secretary in order to make
the program effective or to supplement the program. No
payment shall be made by the Secretary toward the cost of any
project established or administered by any organization or
agency unless the Secretary determines that such project--
``(A) will provide employment only for eligible individuals
except for necessary technical, administrative, and
supervisory personnel, but such personnel shall, to the
fullest extent possible, be recruited from among eligible
individuals;
``(B)(i) will provide employment for eligible individuals
in the community in which such individuals reside, or in
nearby communities; or
``(ii) if such project is carried out by a tribal
organization that enters into an agreement under this
subsection or receives assistance from a State that enters
into such an agreement, will provide employment for such
individuals, including those who are Indians residing on an
Indian reservation, as the term is defined in section 2601(2)
of the Energy Policy Act of 1992 (25 U.S.C. 3501(2));
``(C) will employ eligible individuals in service related
to publicly owned and operated facilities and projects, or
projects sponsored by organizations, other than political
parties, exempt from taxation under the provisions of section
501(c)(3) of the Internal Revenue Code of 1986, except
projects involving the construction, operation, or
maintenance of any facility used or to be used as a place for
sectarian religious instruction or worship;
``(D) will contribute to the general welfare of the
community;
``(E) will provide employment for eligible individuals;
``(F)(i) will result in an increase in employment
opportunities over those opportunities which would otherwise
be available;
``(ii) will not result in the displacement of currently
employed workers (including partial displacement, such as a
reduction in the hours of nonovertime work or wages or
employment benefits); and
``(iii) will not impair existing contracts or result in the
substitution of Federal funds for other funds in connection
with work that would otherwise be performed;
``(G) will not employ or continue to employ any eligible
individual to perform work the same or substantially the same
as that performed by any other person who is on layoff;
``(H) will utilize methods of recruitment and selection
(including participating in a one-stop delivery system as
established under section 134(c) of the Workforce Investment
Act of 1998 (29 U.S.C. 2864(c)) and listing of job vacancies
with the employment agency operated by any State or political
subdivision thereof) which will assure that the maximum
number of eligible individuals will have an opportunity to
participate in the project;
``(I) will include such training as may be necessary to
make the most effective use of the skills and talents of
those individuals who are participating, and will provide for
the payment of the reasonable expenses of individuals being
trained, including a reasonable subsistence allowance;
``(J) will assure that safe and healthy conditions of work
will be provided, and will assure that persons employed in
community service and other jobs assisted under this title
shall be paid wages which shall not be lower than whichever
is the highest of--
``(i) the minimum wage which would be applicable to the
employee under the Fair Labor Standards Act of 1938, if
section 6(a)(1) of such Act applied to the participant and if
the participant were not exempt under section 13 thereof;
``(ii) the State or local minimum wage for the most nearly
comparable covered employment; or
``(iii) the prevailing rates of pay for persons employed in
similar public occupations by the same employer;
``(K) will be established or administered with the advice
of persons competent in the field of service in which
employment is being provided, and of persons who are
knowledgeable with regard to the needs of older persons;
``(L) will authorize pay for necessary transportation costs
of eligible individuals which may be incurred in employment
in any project funded under this title, in accordance with
regulations promulgated by the Secretary;
``(M) will assure that, to the extent feasible, such
project will serve the needs of minority, limited English-
speaking, and Indian eligible individuals, and eligible
individuals who have the greatest economic need, at least in
proportion to their numbers in the State and take into
consideration their rates of poverty and unemployment;
``(N)(i) will prepare an assessment of the participants'
skills and talents and their needs for services, except to
the extent such project has, for the participant involved,
recently prepared an assessment of such skills and talents,
and such needs, pursuant to another employment or training
program (such as a program under the Workforce Investment Act
of 1998 (29 U.S.C. 2801 et seq.), the Carl D. Perkins
Vocational and Technical Education Act of 1998 (20 U.S.C.
2301 et seq.), or part A of title IV of the Social Security
Act (42 U.S.C. 601 et seq.));
``(ii) will provide to eligible individuals training and
employment counseling based on strategies that identify
appropriate employment objectives and the need for supportive
services, developed as a result of the assessment and service
strategy provided for in clause (i); and
``(iii) will provide counseling to participants on their
progress in meeting such objectives and satisfying their need
for supportive services;
``(O) will provide appropriate services for participants
through the one-stop delivery system as established under
section 134(c) of the Workforce Investment Act of 1998 (29
U.S.C. 2864(c)), and will be involved in the planning and
operations of such system pursuant to a memorandum of
understanding with the local workforce investment board in
accordance with section 121(c) of such Act (29 U.S.C.
2841(c));
``(P) will post in such project workplace a notice, and
will make available to each person associated with such
project a written explanation, clarifying the law with
respect to allowable and unallowable political activities
under chapter 15 of title 5, United States Code, applicable
to the project and to each category of individuals associated
with such project and containing the address and telephone
number of the Inspector General of the Department of Labor,
to whom questions regarding the application of such chapter
may be addressed;
[[Page H10594]]
``(Q) will provide to the Secretary the description and
information described in paragraphs (8) and (14) of section
112(b) of the Workforce Investment Act of 1998; and
``(R) will ensure that entities carrying out activities
under the project, including State offices, local offices,
subgrantees, subcontractors, or other affiliates of such
organization or agency shall receive an amount of the
administration cost allocation that is sufficient for the
administrative activities under the project to be carried out
by such State office, local office, subgrantee,
subcontractor, or other affiliate.
``(2) The Secretary is authorized to establish, issue, and
amend such regulations as may be necessary to effectively
carry out the provisions of this title.
``(3) The Secretary shall develop alternatives for
innovative work modes and provide technical assistance in
creating job opportunities through work sharing and other
experimental methods to labor organizations, groups
representing business and industry and workers as well as to
individual employers, where appropriate.
``(4)(A) An assessment and service strategy provided for an
eligible individual under this title shall satisfy any
condition for an assessment and service strategy or
individual employment plan for an adult participant under
subtitle B of title I of the Workforce Investment Act of 1998
(29 U.S.C. 2811 et seq.), in order to determine whether such
individual qualifies for intensive or training services
described in section 134(d) of such Act (29 U.S.C. 2864(d)),
in accordance with such Act.
``(B) An assessment and service strategy or individual
employment plan provided for an adult participant under
subtitle B of title I of the Workforce Investment Act of 1998
(29 U.S.C. 2811 et seq.) shall satisfy any condition for an
assessment and service strategy for an eligible individual
under this title.
``(c)(1) The Secretary is authorized to pay a share, but
not to exceed 90 percent of the cost of any project which is
the subject of an agreement entered into under subsection (b)
of this section, except that the Secretary is authorized to
pay all of the costs of any such project which is--
``(A) an emergency or disaster project; or
``(B) a project located in an economically depressed area;
as determined by the Secretary in consultation with the
Secretary of Commerce and the Secretary of Health and Human
Services.
``(2) The non-Federal share shall be in cash or in kind. In
determining the amount of the non-Federal share, the
Secretary is authorized to attribute fair market value to
services and facilities contributed from non-Federal sources.
``(3) Of the amount for any project to be paid by the
Secretary under this subsection, not more than 13.5 percent
for any fiscal year shall be available for paying the costs
of administration for such project, except that--
``(A) whenever the Secretary determines that it is
necessary to carry out the project assisted under this title,
based on information submitted by the grantee with which the
Secretary has an agreement under subsection (b), the
Secretary may increase the amount available for paying the
cost of administration to an amount not more than 15 percent
of the cost of such project; and
``(B) whenever the grantee with which the Secretary has an
agreement under subsection (b) demonstrates to the Secretary
that--
``(i) major administrative cost increases are being
incurred in necessary program components, including liability
insurance, payments for workers' compensation, costs
associated with achieving unsubsidized placement goals, and
other operation requirements imposed by the Secretary;
``(ii) the number of employment positions in the project or
the number of minority eligible individuals participating in
the project will decline if the amount available for paying
the cost of administration is not increased; or
``(iii) the size of the project is so small that the amount
of administrative expenses incurred to carry out the project
necessarily exceeds 13.5 percent of the amount for such
project;
the Secretary shall increase the amount available for the
fiscal year for paying the cost of administration to an
amount not more than 15 percent of the cost of such project.
``(4) The costs of administration are the costs, both
personnel and non-personnel and both direct and indirect,
associated with the following:
``(A) The costs of performing overall general
administrative functions and providing for the coordination
of functions, such as--
``(i) accounting, budgeting, financial, and cash management
functions;
``(ii) procurement and purchasing functions;
``(iii) property management functions;
``(iv) personnel management functions;
``(v) payroll functions;
``(vi) coordinating the resolution of findings arising from
audits, reviews, investigations, and incident reports;
``(vii) audit functions;
``(viii) general legal services functions; and
``(ix) developing systems and procedures, including
information systems, required for these administrative
functions.
``(B) The costs of performing oversight and monitoring
responsibilities related to administrative functions.
``(C) The costs of goods and services required for
administrative functions of the program, including goods and
services such as rental or purchase of equipment, utilities,
office supplies, postage, and rental and maintenance of
office space.
``(D) The travel costs incurred for official business in
carrying out administrative activities or overall management.
``(E) The costs of information systems related to
administrative functions (for example, personnel,
procurement, purchasing, property management, accounting, and
payroll systems) including the purchase, systems development,
and operating costs of such systems.
``(5) To the extent practicable, an entity that carries out
a project under this title shall provide for the payment of
the expenses described in paragraph (4) from non-Federal
sources.
``(6)(A) Amounts made available for a project under this
title that are not used to pay for the cost of administration
shall be used to pay for the costs of programmatic
activities, including--
``(i) enrollee wages and fringe benefits (including
physical examinations);
``(ii) enrollee training, which may be provided prior to or
subsequent to placement, including the payment of reasonable
costs of instructors, classroom rental, training supplies,
materials, equipment, and tuition, and which may be provided
on the job, in a classroom setting, or pursuant to other
appropriate arrangements;
``(iii) job placement assistance, including job development
and job search assistance;
``(iv) enrollee supportive services to assist an enrollee
to successfully participate in a project under this title,
including the payment of reasonable costs of transportation,
health care and medical services, special job-related or
personal counseling, incidentals (such as work shoes, badges,
uniforms, eyeglasses, and tools), child and adult care,
temporary shelter, and followup services; and
``(v) outreach, recruitment and selection, intake,
orientation, and assessments.
``(B) Not less than 75 percent of the funds made available
through a grant made under this title shall be used to pay
wages and benefits for older individuals who are employed
under projects carried out under this title.
``(d) Whenever a grantee conducts a project within a
planning and service area in a State, such grantee shall
conduct such project in consultation with the area agency on
aging of the planning and service area and shall submit to
the State agency and the area agency on aging a description
of such project to be conducted in the State, including the
location of the project, 90 days prior to undertaking the
project, for review and public comment according to
guidelines the Secretary shall issue to assure efficient and
effective coordination of programs under this title.
``(e)(1) The Secretary, in addition to any other authority
contained in this title, shall conduct projects designed to
assure second career training and the placement of eligible
individuals in employment opportunities with private business
concerns. The Secretary shall enter into such agreements with
States, public agencies, nonprofit private organizations, and
private business concerns as may be necessary, to conduct the
projects authorized by this subsection to assure that
placement and training. The Secretary, from amounts reserved
under section 506(a)(1) in any fiscal year, may pay all of
the costs of any agreements entered into under the provisions
of this subsection. The Secretary shall, to the extent
feasible, assure equitable geographic distribution of
projects authorized by this subsection.
``(2) The Secretary shall issue, and amend from time to
time, criteria designed to assure that agreements entered
into under paragraph (1) of this subsection--
``(A) will involve different kinds of work modes, such as
flex-time, job sharing, and other arrangements relating to
reduced physical exertion;
``(B) will emphasize projects involving second careers and
job placement and give consideration to placement in growth
industries in jobs reflecting new technological skills; and
``(C) require the coordination of projects carried out
under such agreements, with the programs carried out under
title I of the Workforce Investment Act of 1998.
``(f) The Secretary shall, on a regular basis, carry out
evaluations of the activities authorized under this title,
which may include but are not limited to projects described
in subsection (e).
``SEC. 503. ADMINISTRATION.
``(a) State Senior Employment Services Coordination Plan.--
``(1) Governor submits plan.--The Governor of each State
shall submit annually to the Secretary a State Senior
Employment Services Coordination Plan, containing such
provisions as the Secretary may require, consistent with the
provisions of this title, including a description of the
process used to ensure the participation of individuals
described in paragraph (2).
``(2) Recommendations.--In developing the State plan prior
to its submission to the Secretary, the Governor shall obtain
the advice and recommendations of--
``(A) individuals representing the State and area agencies
on aging in the State, and the State and local workforce
investment boards established under title I of the Workforce
Investment Act of 1998 (29 U.S.C. 2801 et seq.);
``(B) individuals representing public and private nonprofit
agencies and organizations
[[Page H10595]]
providing employment services, including each grantee
operating a project under this title in the State; and
``(C) individuals representing social service organizations
providing services to older individuals, grantees under title
III of this Act, affected communities, underserved older
individuals, community-based organizations serving the needs
of older individuals, business organizations, and labor
organizations.
``(3) Comments.--Any State plan submitted by a Governor in
accordance with paragraph (1) shall be accompanied by copies
of public comments relating to the plan received pursuant to
paragraph (4) and a summary thereof.
``(4) Plan provisions.--The State Senior Employment
Services Coordination Plan shall identify and address--
``(A) the relationship that the number of eligible
individuals in each area bears to the total number of
eligible individuals, respectively, in that State;
``(B) the relative distribution of individuals residing in
rural and urban areas within the State;
``(C) the relative distribution of--
``(i) eligible individuals who are individuals with
greatest economic need;
``(ii) eligible individuals who are minority individuals;
and
``(iii) eligible individuals who are individuals with
greatest social need;
``(D) consideration of the employment situations and the
type of skills possessed by local eligible individuals;
``(E) the localities and populations for which community
service projects of the type authorized by this title are
most needed; and
``(F) plans for facilitating the coordination of activities
of grantees in the State under this title with activities
carried out in the State under title I of the Workforce
Investment Act of 1998.
``(5) Governor's recommendations on grant proposals.--Prior
to the submission to the Secretary of any proposal for a
grant under this title for any fiscal year, the Governor of
each State in which projects are proposed to be conducted
under such grant shall be afforded a reasonable opportunity
to submit recommendations to the Secretary--
``(A) regarding the anticipated effect of each such
proposal upon the overall distribution of enrollment
positions under this title within the State (including such
distribution among urban and rural areas), taking into
account the total number of positions to be provided by all
grantees within the State;
``(B) any recommendations for redistribution of positions
to underserved areas as vacancies occur in previously
encumbered positions in other areas; and
``(C) in the case of any increase in funding that may be
available for use within the State under this title for any
fiscal year, any recommendations for distribution of newly
available positions in excess of those available during the
preceding year to underserved areas.
``(6) Disruptions.--In developing plans and considering
recommendations under this subsection, disruptions in the
provision of community service employment opportunities for
current enrollees shall be avoided, to the greatest possible
extent.
``(7) Determination; review.--
``(A) Determination.--In order to effectively carry out the
provisions of this title, each State shall make available for
public comment its senior employment services coordination
plan. The Secretary, in consultation with the Assistant
Secretary, shall review the plan and public comments received
on the plan, and make a written determination with findings
and a decision regarding the plan.
``(B) Review.--The Secretary may review on the Secretary's
own initiative or at the request of any public or private
agency or organization, or an agency of the State government,
the distribution of projects and services under this title
within the State including the distribution between urban and
rural areas within the State. For each proposed reallocation
of projects or services within a State, the Secretary shall
give notice and opportunity for public comment.
``(8) Exemption.--The grantees serving older American
Indians under section 506(a)(3) will not be required to
participate in the State planning processes described in this
section but will collaborate with the Secretary to develop a
plan for projects and services to older American Indians.
``(b)(1) The Secretary of Labor and the Assistant Secretary
shall coordinate the programs under this title and the
programs under other titles of this Act to increase job
opportunities available to older individuals.
``(2) The Secretary shall coordinate the program assisted
under this title with programs authorized under the Workforce
Investment Act of 1998, the Community Services Block Grant
Act, the Rehabilitation Act of 1973 (as amended by the
Rehabilitation Act Amendments of 1998 (29 U.S.C. 701 et
seq.)), the Carl D. Perkins Vocational and Technical
Education Act of 1998 (20 U.S.C. 2301 et seq.), the National
and Community Service Act of 1990 (42 U.S.C. 12501 et seq.),
and the Domestic Volunteer Service Act of 1973 (42 U.S.C.
4950 et seq.). The Secretary shall coordinate the
administration of this title with the administration of other
titles of this Act by the Assistant Secretary to increase the
likelihood that eligible individuals for whom employment
opportunities under this title are available and who need
services under such titles receive such services.
Appropriations under this title shall not be used to carry
out any program under the Workforce Investment Act of 1998,
the Community Services Block Grant Act, the Rehabilitation
Act of 1973 (as amended by the Rehabilitation Act Amendments
of 1998), the Carl D. Perkins Vocational and Technical
Education Act of 1998, the National and Community Service Act
of 1990, or the Domestic Volunteer Service Act of 1973. The
preceding sentence shall not be construed to prohibit
carrying out projects under this title jointly with programs,
projects, or activities under any Act specified in such
sentence, or from carrying out section 512.
``(3) The Secretary shall distribute to grantees under this
title, for distribution to program enrollees, and at no cost
to grantees or enrollees, informational materials developed
and supplied by the Equal Employment Opportunity Commission
and other appropriate Federal agencies which the Secretary
determines are designed to help enrollees identify age
discrimination and understand their rights under the Age
Discrimination in Employment Act of 1967.
``(c) In carrying out the provisions of this title, the
Secretary is authorized to use, with their consent, the
services, equipment, personnel, and facilities of Federal and
other agencies with or without reimbursement, and on a
similar basis to cooperate with other public and private
agencies and instrumentalities in the use of services,
equipment, and facilities.
``(d) Payments under this title may be made in advance or
by way of reimbursement and in such installments as the
Secretary may determine.
``(e) The Secretary shall not delegate any function of the
Secretary under this title to any other department or agency
of the Federal Government.
``(f)(1) The Secretary shall monitor projects receiving
financial assistance under this title to determine whether
the grantees are complying with the provisions of and
regulations issued under this title, including compliance
with the statewide planning, consultation, and coordination
provisions under this title.
``(2) Each grantee receiving funds under this title shall
comply with the applicable uniform cost principles and
appropriate administrative requirements for grants and
contracts that are applicable to the type of entity receiving
funds, as issued as circulars or rules of the Office of
Management and Budget.
``(3) Each grantee described in paragraph (2) shall prepare
and submit a report in such manner and containing such
information as the Secretary may require regarding activities
carried out under this title.
``(4) Each grantee described in paragraph (2) shall keep
records that--
``(A) are sufficient to permit the preparation of reports
required pursuant to this title;
``(B) are sufficient to permit the tracing of funds to a
level of expenditure adequate to ensure that the funds have
not been spent unlawfully; and
``(C) contain any other information that the Secretary
determines to be appropriate.
``(g) The Secretary shall establish by regulation and
implement a process to evaluate the performance of projects
and services, pursuant to section 513, carried out under this
title. The Secretary shall report to Congress and make
available to the public the results of each such evaluation
and use such evaluation to improve services delivered, or the
operation of projects carried out under this title.
``SEC. 504. PARTICIPANTS NOT FEDERAL EMPLOYEES.
``(a) Eligible individuals who are employed in any project
funded under this title shall not be considered to be Federal
employees as a result of such employment and shall not be
subject to the provisions of part III of title 5, United
States Code.
``(b) No contract shall be entered into under this title
with a contractor who is, or whose employees are, under State
law, exempted from operation of the State workmen's
compensation law, generally applicable to employees, unless
the contractor shall undertake to provide either through
insurance by a recognized carrier or by self-insurance, as
authorized by State law, that the persons employed under the
contract shall enjoy workmen's compensation coverage equal to
that provided by law for covered employment.
``SEC. 505. INTERAGENCY COOPERATION.
``(a) The Secretary shall consult with, and obtain the
written views of, the Assistant Secretary for Aging in the
Department of Health and Human Services prior to the
establishment of rules or the establishment of general policy
in the administration of this title.
``(b) The Secretary shall consult and cooperate with the
Director of the Office of Community Services, the Secretary
of Health and Human Services, and the heads of other Federal
agencies carrying out related programs, in order to achieve
optimal coordination with such other programs. In carrying
out the provisions of this section, the Secretary shall
promote programs or projects of a similar nature. Each
Federal agency shall cooperate with the Secretary in
disseminating information relating to the availability of
assistance under this title and in promoting the
identification and interests of individuals eligible for
employment in projects assisted under this title.
``(c)(1) The Secretary shall promote and coordinate
carrying out projects under this
[[Page H10596]]
title jointly with programs, projects, or activities under
other Acts, especially activities provided under the
Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.),
including activities provided through one-stop delivery
systems established under section 134(c) of such Act (29
U.S.C. 2864(c)), that provide training and employment
opportunities to eligible individuals.
``(2) The Secretary shall consult with the Secretary of
Education to promote and coordinate carrying out projects
under this title jointly with workforce investment activities
in which eligible individuals may participate that are
carried out under the Carl D. Perkins Vocational and
Technical Education Act of 1998.
``SEC. 506. DISTRIBUTION OF ASSISTANCE.
``(a) Reservations.--
``(1) Reservation for private employment projects.--From
sums appropriated under this title for each fiscal year, the
Secretary shall first reserve not more than 1.5 percent of
the total amount of such sums for the purpose of entering
into agreements under section 502(e), relating to improved
transition to private employment.
``(2) Reservation for territories.--From sums appropriated
under this title for each fiscal year, the Secretary shall
reserve 0.75 percent of the total amount of such sums, of
which--
``(A) Guam, American Samoa, and the United States Virgin
Islands shall each receive 30 percent; and
``(B) the Commonwealth of the Northern Mariana Islands
shall receive 10 percent.
``(3) Reservation for organizations.--The Secretary shall
reserve such sums as may be necessary for national grants
with public or nonprofit national Indian aging organizations
with the ability to provide employment services to older
Indians and with national public or nonprofit Pacific Island
and Asian American aging organizations with the ability to
provide employment to older Pacific Island and Asian
Americans.
``(b) State Allotments.--The allotment for each State shall
be the sum of the amounts allotted for national grants in
such State under subsection (d) and for the grant to such
State under subsection (e).
``(c) Division Between National Grants and Grants to
States.--From the sums appropriated to carry out this title
for any fiscal year that remain after amounts are reserved
under paragraphs (1), (2), and (3) of subsection (a), the
Secretary shall divide the remainder between national grants
and grants to States, as follows:
``(1) Reservation of funds for fiscal year 2000 level of
activities.--The Secretary shall reserve the amounts
necessary to maintain the fiscal year 2000 level of
activities supported by public and private nonprofit agency
and organization grantees that operate under this title under
national grants from the Secretary, and the fiscal year 2000
level of activities supported by State grantees under this
title, in proportion to their respective fiscal year 2000
levels of activities. In any fiscal year for which the
appropriations are insufficient to provide the full amounts
so required, then such amounts shall be reduced
proportionally.
``(2) Funding in excess of fiscal year 2000 level of
activities.--
``(A) Up to $35,000,000.--From the amounts remaining after
the application of paragraph (1), the portion of such
remaining amounts up to the sum of $35,000,000 shall be
divided so that 75 percent shall be provided to State
grantees and 25 percent shall be provided to public and
private nonprofit agency and organization grantees that
operate under this title under national grants from the
Secretary.
``(B) Over $35,000,000.--Any amounts remaining after the
application of subparagraph (A) shall be divided so that 50
percent shall be provided to State grantees and 50 percent
shall be provided to public and private nonprofit agency and
organization grantees that operate under this title under
national grants from the Secretary.
``(d) Allotments for National Grants.--From the sums
provided for national grants under subsection (c), the
Secretary shall allot for public and private nonprofit agency
and organization grantees that operate under this title under
national grants from the Secretary in each State, an amount
that bears the same ratio to such sums as the product of the
number of persons aged 55 or over in the State and the
allotment percentage of such State bears to the sum of the
corresponding product for all States, except as follows:
``(1) Minimum allotment.--No State shall be provided an
amount under this subsection that is less than \1/2\ of 1
percent of the amount provided under subsection (c) for
public and private nonprofit agency and organization grantees
that operate under this title under national grants from the
Secretary in all of the States.
``(2) Hold harmless.--If the amount provided under
subsection (c) is--
``(A) equal to or less than the amount necessary to
maintain the fiscal year 2000 level of activities, allotments
for public and private nonprofit agency and organization
grantees that operate under this title under national grants
from the Secretary in each State shall be proportional to
their fiscal year 2000 level of activities; or
``(B) greater than the amount necessary to maintain the
fiscal year 2000 level of activities, no State shall be
provided a percentage increase above the fiscal year 2000
level of activities for public and private nonprofit agency
and organization grantees that operate under this title under
national grants from the Secretary in the State that is less
than 30 percent of such percentage increase above the fiscal
year 2000 level of activities for public and private
nonprofit agency and organization grantees that operate under
this title under national grants from the Secretary in all of
the States.
``(3) Reduction.--Allotments for States not affected by
paragraphs (1) and (2)(B) of this subsection shall be reduced
proportionally to satisfy the conditions in such paragraphs.
``(e) Allotments for Grants to States.--From the sums
provided for grants to States under subsection (c), the
Secretary shall allot for the State grantee in each State an
amount that bears the same ratio to such sums as the product
of the number of persons aged 55 or over in the State and the
allotment percentage of such State bears to the sum of the
corresponding product for all States, except as follows:
``(1) Minimum allotment.--No State shall be provided an
amount under this subsection that is less than \1/2\ of 1
percent of the amount provided under subsection (c) for State
grantees in all of the States.
``(2) Hold harmless.--If the amount provided under
subsection (c) is--
``(A) equal to or less than the amount necessary to
maintain the fiscal year 2000 level of activities, allotments
for State grantees in each State shall be proportional to
their fiscal year 2000 level of activities; or
``(B) greater than the amount necessary to maintain the
fiscal year 2000 level of activities, no State shall be
provided a percentage increase above the fiscal year 2000
level of activities for State grantees in the State that is
less than 30 percent of such percentage increase above the
fiscal year 2000 level of activities for State grantees in
all of the States.
``(3) Reduction.--Allotments for States not affected by
paragraphs (1) and (2)(B) of this subsection shall be reduced
proportionally to satisfy the conditions in such paragraphs.
``(f) Allotment Percentage.--For the purposes of
subsections (d) and (e)--
``(1) the allotment percentage of each State shall be 100
percent less that percentage which bears the same ratio to 50
percent as the per capita income of such State bears to the
per capita income of the United States, except that (A) the
allotment percentage shall in no case be more than 75 percent
or less than 33 percent, and (B) the allotment percentage for
the District of Columbia and the Commonwealth of Puerto Rico
shall be 75 percent;
``(2) the number of persons aged 55 or over in any State
and in all States, and the per capita income in any State and
in all States, shall be determined by the Secretary on the
basis of the most satisfactory data available to the
Secretary; and
``(3) for the purpose of determining the allotment
percentage, the term `United States' means the 50 States and
the District of Columbia.
``(g) Definitions.--In this section:
``(1) Cost per authorized position.--The term `cost per
authorized position' means the sum of--
``(A) the hourly minimum wage rate specified in section
6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C.
206(a)(1)) (as amended), multiplied by the number of hours
equal to the product of 21 hours and 52 weeks;
``(B) an amount equal to 11 percent of the amount specified
under subparagraph (A), for the purpose of covering Federal
payments for fringe benefits; and
``(C) an amount determined by the Secretary, for the
purpose of covering Federal payments for the remainder of all
other program and administrative costs.
``(2) Fiscal year 2000 level of activities.--The term
`fiscal year 2000 level of activities' means--
``(A) with respect to public and private nonprofit agency
and organization grantees that operate under this title under
national grants from the Secretary, their level of activities
for fiscal year 2000, or the amount remaining after the
application of section 514(e); and
``(B) with respect to State grantees, their level of
activities for fiscal year 2000, or the amount remaining
after the application of section 514(f).
``(3) Grants to states.--The term `grants to States' means
grants under this title to the States from the Secretary.
``(4) Level of activities.--The term `level of activities'
means the number of authorized positions multiplied by the
cost per authorized position.
``(5) National grants.--The term `national grants' means
grants to public and private nonprofit agency and
organization grantees that operate under this title under
national grants from the Secretary.
``(6) State.--The term `State' does not include Guam,
American Samoa, the Commonwealth of the Northern Mariana
Islands, and the United States Virgin Islands.
``SEC. 507. EQUITABLE DISTRIBUTION.
``(a) Interstate Allocation.--The Secretary, in awarding
grants and contracts under section 506, shall, to the extent
feasible, assure an equitable distribution of activities
under such grants and contracts, in the aggregate, among the
States, taking into account the needs of underserved States.
``(b) Intrastate Allocation.--The amount allocated for
projects within each State under section 506 shall be
allocated among
[[Page H10597]]
areas within the State in an equitable manner, taking into
consideration the State priorities set out in the State plan
pursuant to section 503(a).
``SEC. 508. REPORT.
``In order to carry out the Secretary's responsibilities
for reporting in section 503(g), the Secretary shall require
the State agency for each State receiving funds under this
title to prepare and submit a report at the beginning of each
fiscal year on such State's compliance with section 507(b).
Such report shall include the names and geographic location
of all projects assisted under this title and carried out in
the State and the amount allocated to each such project under
section 506.
``SEC. 509. EMPLOYMENT ASSISTANCE AND FEDERAL HOUSING AND
FOOD STAMP PROGRAMS.
``Funds received by eligible individuals from projects
carried out under the program established in this title shall
not be considered to be income of such individuals for
purposes of determining the eligibility of such individuals,
or of any other persons, to participate in any housing
program for which Federal funds may be available or for any
income determination under the Food Stamp Act of 1977.
``SEC. 510. ELIGIBILITY FOR WORKFORCE INVESTMENT ACTIVITIES.
``Eligible individuals under this title may be deemed by
local workforce investment boards established under title I
of the Workforce Investment Act of 1998 to satisfy the
requirements for receiving services under such title that are
applicable to adults.
``SEC. 511. TREATMENT OF ASSISTANCE.
``Assistance furnished under this title shall not be
construed to be financial assistance described in section
245A(h)(1)(A) of the Immigration and Nationality Act (8
U.S.C. 1255A(h)(1)(A)).
``SEC. 512. COORDINATION WITH THE WORKFORCE INVESTMENT ACT OF
1998.
``(a) Partners.--Grantees under this title shall be one-
stop partners as described in subparagraphs (A) and (B)(vi)
of section 121(b)(1) of the Workforce Investment Act of 1998
(29 U.S.C. 2841(b)(1)) in the one-stop delivery system
established under section 134(c) of such Act (29 U.S.C.
2864(c)) for the appropriate local workforce investment
areas, and shall carry out the responsibilities relating to
such partners.
``(b) Coordination.--In local workforce investment areas
where more than 1 grantee under this title provides services,
the grantees shall coordinate their activities related to the
one-stop delivery system, and grantees shall be signatories
of the memorandum of understanding established under section
121(c) of the Workforce Investment Act of 1998 (29 U.S.C.
2841(c)).
``SEC. 513. PERFORMANCE.
``(a) Measures.--
``(1) Establishment of measures.--The Secretary shall
establish, in consultation with grantees,
subgrantees, and host agencies under this title,
States, older individuals, area agencies on aging, and other
organizations serving older individuals, performance measures
for each grantee for projects and services carried out under
this title.
``(2) Content.--
``(A) Composition of measures.--The performance measures as
established by the Secretary and described in paragraph (1)
shall consist of indicators of performance and levels of
performance applicable to each indicator. The measures shall
be designed to promote continuous improvement in performance.
``(B) Adjustment.--The levels of performance described in
subparagraph (A) applicable to a grantee shall be adjusted
only with respect to the following factors:
``(i) High rates of unemployment, poverty, or welfare
recipiency in the areas served by a grantee, relative to
other areas of the State or Nation.
``(ii) Significant downturns in the areas served by the
grantee or in the national economy.
``(iii) Significant numbers or proportions of enrollees
with 1 or more barriers to employment served by a grantee
relative to grantees serving other areas of the State or
Nation.
``(C) Placement.--For all grantees, the Secretary shall
establish a measure of performance of not less than 20
percent (adjusted in accordance with subparagraph (B)) for
placement of enrollees into unsubsidized public or private
employment as defined in subsection (c)(2).
``(3) Performance evaluation of public or private nonprofit
agencies and organizations.--The Secretary shall annually
establish national performance measures for each public or
private nonprofit agency or organization that is a grantee
under this title, which shall be applicable to the grantee
without regard to whether such grantee operates the program
directly or through contracts, grants, or agreements with
other entities. The performance of the grantees with respect
to such measures shall be evaluated in accordance with
section 514(e)(1) regarding performance of the grantees on a
national basis, and in accordance with section 514(e)(3)
regarding the performance of the grantees in each State.
``(4) Performance evaluation of states.--The Secretary
shall annually establish performance measures for each State
that is a grantee under this title, which shall be applicable
to the State grantee without regard to whether such grantee
operates the program directly or through contracts, grants,
or agreements with other entities. The performance of the
State grantees with respect to such measures shall be
evaluated in accordance with section 514(f).
``(5) Limitation.--An agreement to be evaluated on the
performance measures shall be a requirement for application
for, and a condition of, all grants authorized by this title.
``(b) Required Indicators.--The indicators described in
subsection (a) shall include--
``(1) the number of persons served, with particular
consideration given to individuals with greatest economic
need, greatest social need, or poor employment history or
prospects, and individuals who are over the age of 60;
``(2) community services provided;
``(3) placement into and retention in unsubsidized public
or private employment;
``(4) satisfaction of the enrollees, employers, and their
host agencies with their experiences and the services
provided; and
``(5) any additional indicators of performance that the
Secretary determines to be appropriate to evaluate services
and performance.
``(c) Definitions of Indicators.--
``(1) In general.--The Secretary, after consultation with
national and State grantees, representatives of business and
labor organizations, and providers of services, shall, by
regulation, issue definitions of the indicators of
performance described in subsection (b).
``(2) Definitions of certain terms.--In this section:
``(A) Placement into public or private unsubsidized
employment.--The term `placement into public or private
unsubsidized employment' means full- or part-time paid
employment in the public or private sector by an enrollee
under this title for 30 days within a 90-day period without
the use of funds under this title or any other Federal or
State employment subsidy program, or the equivalent of such
employment as measured by the earnings of an enrollee through
the use of wage records or other appropriate methods.
``(B) Retention in public or private unsubsidized
employment.--The term `retention in public or private
unsubsidized employment' means full- or part-time paid
employment in the public or private sector by an enrollee
under this title for 6 months after the starting date of
placement into unsubsidized employment without the use of
funds under this title or any other Federal or State
employment subsidy program.
``(d) Corrective Efforts.--A State or other grantee that
does not achieve the established levels of performance on the
performance measures shall submit to the Secretary, for
approval, a plan of correction as described in subsection (e)
or (f) of section 514 to achieve the established levels of
performance.
``SEC. 514. COMPETITIVE REQUIREMENTS RELATING TO GRANT
AWARDS.
``(a) Program Authorized.--In accordance with section
502(b), the Secretary shall award grants to eligible
applicants to carry out projects under this title for a
period of 1 year, except that, after the promulgation of
regulations for this title and the establishment of the
performance measures required by section 513(a), the
Secretary shall award grants for a period of not to exceed 3
years.
``(b) Eligible Applicants.--An applicant shall be eligible
to receive a grant under subsection (a) in accordance with
section 502(b)(1), and subsections (c) and (d).
``(c) Criteria.--The Secretary shall select the eligible
applicants to receive grants under subsection (a) based on
the following:
``(1) The applicant's ability to administer a program that
serves the greatest number of eligible individuals, giving
particular consideration to individuals with greatest
economic need, greatest social need, poor employment history
or prospects, and over the age of 60.
``(2) The applicant's ability to administer a program that
provides employment for eligible individuals in the
communities in which such individuals reside, or in nearby
communities, that will contribute to the general welfare of
the community.
``(3) The applicant's ability to administer a program that
moves eligible individuals into unsubsidized employment.
``(4) The applicant's ability to move individuals with
multiple barriers to employment into unsubsidized employment.
``(5) The applicant's ability to coordinate with other
organizations at the State and local level.
``(6) The applicant's plan for fiscal management of the
program to be administered with funds received under this
section.
``(7) Any additional criteria that the Secretary deems
appropriate in order to minimize disruption for current
enrollees.
``(d) Responsibility Tests.--
``(1) In general.--Before final selection of a grantee, the
Secretary shall conduct a review of available records to
assess the applicant's overall responsibility to administer
Federal funds.
``(2) Review.--As part of the review described in paragraph
(1), the Secretary may consider any information, including
the organization's history with regard to the management of
other grants.
``(3) Failure to satisfy test.--The failure to satisfy any
1 responsibility test that is listed in paragraph (4), except
for those listed in subparagraphs (A) and (B) of such
paragraph, does not establish that the organization is not
responsible unless such failure is substantial or persistent
(for 2 or more consecutive years).
``(4) Test.--The responsibility tests include review of the
following factors:
[[Page H10598]]
``(A) Efforts by the organization to recover debts, after 3
demand letters have been sent, that are established by final
agency action and have been unsuccessful, or that there has
been failure to comply with an approved repayment plan.
``(B) Established fraud or criminal activity of a
significant nature within the organization.
``(C) Serious administrative deficiencies identified by the
Secretary, such as failure to maintain a financial management
system as required by Federal regulations.
``(D) Willful obstruction of the audit process.
``(E) Failure to provide services to applicants as agreed
to in a current or recent grant or to meet applicable
performance measures.
``(F) Failure to correct deficiencies brought to the
grantee's attention in writing as a result of monitoring
activities, reviews, assessments, or other activities.
``(G) Failure to return a grant closeout package or
outstanding advances within 90 days of the grant expiration
date or receipt of closeout package, whichever is later,
unless an extension has been requested and granted.
``(H) Failure to submit required reports.
``(I) Failure to properly report and dispose of government
property as instructed by the Secretary.
``(J) Failure to have maintained effective cash management
or cost controls resulting in excess cash on hand.
``(K) Failure to ensure that a subrecipient complies with
its Office of Management and Budget Circular A-133 audit
requirements specified at section 667.200(b) of title 20,
Code of Federal Regulations.
``(L) Failure to audit a subrecipient within the required
period.
``(M) Final disallowed costs in excess of 5 percent of the
grant or contract award if, in the judgment of the grant
officer, the disallowances are egregious findings.
``(N) Failure to establish a mechanism to resolve a
subrecipient's audit in a timely fashion.
``(5) Determination.--Applicants that are determined to be
not responsible shall not be selected as grantees.
``(6) Disallowed costs.--Interest on disallowed costs shall
accrue in accordance with the Debt Collection Improvement Act
of 1996.
``(e) National Performance Measures and Competition for
Public and Private Nonprofit Agencies and Organizations.--
``(1) In general.--Not later than 120 days after the end of
each program year, the Secretary shall determine if each
public or private nonprofit agency or organization that is a
grantee has met the national performance measures established
pursuant to section 513(a)(3).
``(2) Technical assistance and corrective action plan.--
``(A) In general.--If the Secretary determines that a
grantee fails to meet the national performance measures for a
program year, the Secretary shall provide technical
assistance and require such organization to submit a
corrective action plan not later than 160 days after the end
of the program year.
``(B) Content.--The plan submitted under subparagraph (A)
shall detail the steps the grantee will take to meet the
national performance measures in the next program year.
``(C) After second year of failure.--If a grantee fails to
meet the national performance measures for a second
consecutive program year, the Secretary shall conduct a
national competition to award, for the first full program
year following the determination (minimizing, to the extent
possible, the disruption of services provided to enrollees),
an amount equal to 25 percent of the funds awarded to the
grantee for such year.
``(D) Competition after third consecutive year of
failure.--If a grantee fails to meet the national performance
measures for a third consecutive program year, the Secretary
shall conduct a national competition to award the amount of
the grant remaining after deduction of the portion specified
in subparagraph (C) for the first full program year following
the determination. The eligible applicant that receives the
grant through the national competition shall continue service
to the geographic areas formerly served by the grantee that
previously received the grant.
``(3) Competition requirements for public and private
nonprofit agencies and organizations in a state.--
``(A) In general.--In addition to the actions required
under paragraph (2), the Secretary shall take corrective
action if the Secretary determines at the end of any program
year that, despite meeting the established national
performance measures, a public or private nonprofit agency or
organization that is a grantee has attained levels of
performance 20 percent or more below the national performance
measures with respect to the project carried out in a State
and has failed to meet the performance measures as
established by the Secretary for the State grantee in such
State, and there are not factors, such as the factors
described in section 513(a)(2)(B), or size of the project,
that justify the performance.
``(B) First year of failure.--After the first program year
of failure to meet the performance criteria described in
subparagraph (A), the Secretary shall require a corrective
action plan, and may require the transfer of the
responsibility for the project to other grantees, provide
technical assistance, and take other appropriate actions.
``(C) Second year of failure.--After the second consecutive
program year of failure to meet the performance criteria
described in subparagraph (A), the corrective actions to be
taken by the Secretary may include the transfer of the
responsibility for a portion or all of the project to a State
or public or private nonprofit agency or organization, or a
competition for a portion or all of the funds to carry out
such project among all eligible entities that meet the
responsibility tests under section 514(d) except for the
grantee that is the subject of the corrective action.
``(D) Third year of failure.--After the third consecutive
program year of failure to meet the performance criteria
described in subparagraph (A), the Secretary shall conduct a
competition for the funds to carry out such project among all
eligible entities that meet the responsibility tests under
section 514(d) except for the grantee that is the subject of
the corrective action.
``(4) Request by governor.--Upon the request of the
Governor of a State for a review of the performance of a
public or private nonprofit agency or organization within the
State, the Secretary shall undertake such a review in
accordance with the criteria described in paragraph (3)(A).
If the performance of such grantee is not justified under
such criteria, the Secretary shall take corrective action in
accordance with paragraph (3).
``(f) Performance Measures and Competition for States.--
``(1) In general.--Not later than 120 days after the end of
the program year, the Secretary shall determine if a State
grantee has met the performance measures established pursuant
to section 513(a)(4).
``(2) Technical assistance and corrective action plan.--If
a State that receives a grant fails to meet the performance
measures for a program year, the Secretary shall provide
technical assistance and require the State to submit a
corrective action plan not later than 160 days after the end
of the program year.
``(3) Content.--The plan described in paragraph (2) shall
detail the steps the State will take to meet the standards.
``(4) Failure to meet performance measures for second and
third years.--
``(A) After second year of failure.--If a State fails to
meet the performance measures for a second consecutive
program year, the Secretary shall provide for the conduct by
the State of a competition to award, for the first full
program year following the determination (minimizing, to the
extent possible, the disruption of services provided to
enrollees), an amount equal to 25 percent of the funds
available to the State for such year.
``(B) After third year of failure.--If the State fails to
meet the performance measures for a third consecutive program
year, the Secretary shall provide for the conduct by the
State of a competition to award the funds allocated to the
State for the first full program year following the
Secretary's determination that the State has not met the
performance measures.
``SEC. 515. AUTHORIZATION OF APPROPRIATIONS.
``(a) There is authorized to be appropriated to carry out
this title--
``(1) $475,000,000 for fiscal year 2001 and such sums as
may be necessary for fiscal year 2002 through 2005; and
``(2) such additional sums as may be necessary for each
such fiscal year to enable the Secretary, through programs
under this title, to provide for at least 70,000 part-time
employment positions for eligible individuals.
For purposes of paragraph (2), `part-time employment
position' means an employment position within a workweek of
at least 20 hours.
``(b) Amounts appropriated under this section for any
fiscal year shall be available for obligation during the
annual period which begins on July 1 of the calendar year
immediately following the beginning of such fiscal year and
which ends on June 30 of the following calendar year. The
Secretary may extend the period during which such amounts may
be obligated or expended in the case of a particular
organization or agency receiving funds under this title if
the Secretary determines that such extension is necessary to
ensure the effective use of such funds by such organization
or agency.
``(c) At the end of the program year, the Secretary may
recapture any unexpended funds for the program year, and
reobligate such funds within the 2 succeeding program years
for--
``(1) incentive grants;
``(2) technical assistance; or
``(3) grants or contracts for any other program under this
title.
``SEC. 516. DEFINITIONS.
``In this title:
``(1) Community service.--The term `community service'
means social, health, welfare, and educational services
(including literacy tutoring), legal and other counseling
services and assistance, including tax counseling and
assistance and financial counseling, and library,
recreational, and other similar services; conservation,
maintenance, or restoration of natural resources; community
betterment or beautification; antipollution and environmental
quality efforts; weatherization activities; economic
development; and such other services essential and
[[Page H10599]]
necessary to the community as the Secretary, by regulation,
may prescribe.
``(2) Eligible individuals.--The term `eligible
individuals' means an individual who is 55 years old or
older, who has a low income (including any such individual
whose income is not more than 125 percent of the poverty
guidelines established by the Office of Management and
Budget), except that, pursuant to regulations prescribed by
the Secretary, any such individual who is 60 years old or
older shall have priority for the work opportunities provided
for under this title.
``(3) Pacific island and asian americans.--The term
`Pacific Island and Asian Americans' means Americans having
origins in any of the original peoples of the Far East,
Southeast Asia, the Indian Subcontinent, or the Pacific
Islands.
``(4) Program.--The term `program' means the older American
community service employment program established under this
title.''.
TITLE VI--AMENDMENTS TO TITLE VI OF THE OLDER AMERICANS ACT OF 1965
SEC. 601. ELIGIBILITY.
Section 612 of the Older Americans Act of 1965 (42 U.S.C.
3057c) is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following:
``(b) An Indian tribe represented by an organization
specified in subsection (a) shall be eligible for only 1
grant under this part for any fiscal year. Nothing in this
subsection shall preclude an Indian tribe represented by an
organization specified in subsection (a) from receiving a
grant under section 631.''.
SEC. 602. APPLICATIONS.
Section 614 of the Older Americans Act of 1965 (42 U.S.C.
3057e) is amended--
(1) in subsection (b), by striking ``certification'' and
inserting ``approval''; and
(2) in subsection (c)--
(A) by inserting ``(1)'' after ``(c)''; and
(B) by adding at the end the following:
``(2) The Assistant Secretary shall provide waivers and
exemptions of the reporting requirements of subsection (a)(3)
for applicants that serve Indian populations in
geographically isolated areas, or applicants that serve small
Indian populations, where the small scale of the project, the
nature of the applicant, or other factors make the reporting
requirements unreasonable under the circumstances. The
Assistant Secretary shall consult with such applicants in
establishing appropriate waivers and exemptions.
``(3) The Assistant Secretary shall approve any application
that complies with the provisions of subsection (a), except
that in determining whether an application complies with the
requirements of subsection (a)(8), the Assistant Secretary
shall provide maximum flexibility to an applicant that seeks
to take into account subsistence needs, local customs, and
other characteristics that are appropriate to the unique
cultural, regional, and geographic needs of the Indian
populations to be served.
``(4) In determining whether an application complies with
the requirements of subsection (a)(12), the Assistant
Secretary shall require only that an applicant provide an
appropriate narrative description of the geographic area to
be served and an assurance that procedures will be adopted to
ensure against duplicate services being provided to the same
recipients.''.
SEC. 603. AUTHORIZATION OF APPROPRIATIONS.
Section 633 of the Older Americans Act of 1965 (42 U.S.C.
3057n) is amended to read as follows:
``SEC. 633. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
title--
``(1) for parts A and B, such sums as may be necessary for
fiscal year 2001, and such sums as may be necessary for
subsequent fiscal years; and
``(2) for part C, $5,000,000 for fiscal year 2001, and such
sums as may be necessary for subsequent fiscal years.''.
SEC. 604. GENERAL PROVISIONS.
Title VI of the Older Americans Act of 1965 (42 U.S.C. 3057
et seq.) is amended--
(1) by redesignating part C as part D;
(2) by redesignating sections 631 through 633 as sections
641 through 643, respectively;
(3) by inserting after part B the following:
``PART C--NATIVE AMERICAN CAREGIVER SUPPORT PROGRAM
``SEC. 631. PROGRAM.
``(a) In General.--The Assistant Secretary shall carry out
a program for making grants to tribal organizations with
applications approved under parts A and B, to pay for the
Federal share of carrying out tribal programs, to enable the
tribal organizations to provide multifaceted systems of the
support services described in section 373 for caregivers
described in section 373.
``(b) Requirements.--In providing services under subsection
(a), a tribal organization shall meet the requirements
specified for an area agency on aging and for a State in the
provisions of subsections (c), (d), and (e) of section 373
and of section 374. For purposes of this subsection,
references in such provisions to a State program shall be
considered to be references to a tribal program under this
part.''.
TITLE VII--AMENDMENTS TO TITLE VII OF THE OLDER AMERICANS ACT OF 1965
SEC. 701. AUTHORIZATION OF APPROPRIATIONS.
Section 702 of the Older Americans Act of 1965 (42 U.S.C.
3058a) is amended to read as follows:
``SEC. 702. AUTHORIZATION OF APPROPRIATIONS.
``(a) Ombudsman Program.--There are authorized to be
appropriated to carry out chapter 2, such sums as may be
necessary for fiscal year 2001, and such sums as may be
necessary for subsequent fiscal years.
``(b) Prevention of Elder Abuse, Neglect, and
Exploitation.--There are authorized to be appropriated to
carry out chapter 3, such sums as may be necessary for fiscal
year 2001, and such sums as may be necessary for subsequent
fiscal years.
``(c) Legal Assistance Development Program.--There are
authorized to be appropriated to carry out chapter 4, such
sums as may be necessary for fiscal year 2001, and such sums
as may be necessary for subsequent fiscal years.''.
SEC. 702. ALLOTMENT.
Section 703(a)(2)(C) of the Older Americans Act of 1965 (42
U.S.C. 3058b(a)(2)(C)) is amended by striking ``1991'' each
place it appears and inserting ``2000''.
SEC. 703. ADDITIONAL STATE PLAN REQUIREMENTS.
Section 705(a) of the Older Americans Act of 1965 (42
U.S.C. 3058d(a)) is amended--
(1) in paragraph (4), by inserting ``each of'' after
``carry out'';
(2) in paragraph (6)(C)(iii), by striking the semicolon and
inserting ``; and'';
(3) by striking paragraph (7);
(4) by redesignating paragraph (8) as paragraph (7); and
(5) in paragraph (7) (as redesignated by paragraph (3)), by
striking ``paragraphs (1) through (7)'' and inserting
``paragraphs (1) through (6)''.
SEC. 704. STATE LONG-TERM CARE OMBUDSMAN PROGRAM.
Section 712 of the Older Americans Act of 1965 (42 U.S.C.
3058g) is amended--
(1) in subsection (a), in paragraph (5)(C)(ii), by
inserting ``and not stand to gain financially through an
action or potential action brought on behalf of individuals
the Ombudsman serves'' after ``interest''; and
(2) in subsection (h)--
(A) in paragraph (4)--
(i) in subparagraph (A)--
(I) by striking ``(A) not later than 1 year after the date
of enactment of this title, establish'' and inserting
``strengthen and update''; and
(II) in clause (iii), by striking ``and'';
(ii) by striking subparagraph (B);
(iii) by redesignating clauses (i) through (iii) as
subparagraphs (A) through (C), respectively; and
(iv) by redesignating subclauses (I) through (III) as
clauses (i) through (iii), respectively;
(B) in paragraph (7), by striking ``; and'' and inserting a
semicolon;
(C) by redesignating paragraph (8) as paragraph (9); and
(D) by inserting after paragraph (7) the following:
``(8) coordinate services with State and local law
enforcement agencies and courts of competent jurisdiction;
and''.
SEC. 705. PREVENTION OF ELDER ABUSE, NEGLECT, AND
EXPLOITATION.
Section 721 of the Older Americans Act of 1965 (42 U.S.C.
3058i) is amended--
(1) in subsection (b)--
(A) in the matter preceding paragraph (1), by inserting
``(including financial exploitation)'' after
``exploitation'';
(B) in paragraph (2), by inserting ``, State and local law
enforcement systems, and courts of competent jurisdiction''
after ``service program''; and
(C) in paragraph (5), by inserting ``including caregivers
described in part E of title III,'' after ``individuals,'';
(2) in subsection (d)(8)--
(A) by inserting ``State and local'' after ``consumer
protection and''; and
(B) by inserting ``, and services provided by agencies and
courts of competent jurisdiction'' before the period; and
(3) by adding at the end the following:
``(g) Study and Report.--
``(1) Study.--The Secretary, in consultation with the
Department of the Treasury and the Attorney General of the
United States, State attorneys general, and tribal and local
prosecutors, shall conduct a study of the nature and extent
of financial exploitation of older individuals. The purpose
of this study would be to define and describe the scope of
the problem of financial exploitation of the elderly and to
provide an estimate of the number and type of financial
transactions considered to constitute financial exploitation
faced by older individuals. The study shall also examine the
adequacy of current Federal and State legal protections to
prevent such exploitation.
``(2) Report.--Not later than 18 months after the date of
enactment of the Older Americans Act Amendments of 2000, the
Secretary shall submit to Congress a report, which shall
include--
``(A) the results of the study conducted under this
subsection; and
``(B) recommendations for future actions to combat the
financial exploitation of older individuals.''.
SEC. 706. ASSISTANCE PROGRAMS.
Subtitle A of title VII of the Older Americans Act of 1965
(42 U.S.C 3058 et seq.) is amended by repealing chapters 4
and 5 and inserting the following:
``CHAPTER 4--STATE LEGAL ASSISTANCE DEVELOPMENT PROGRAM
``SEC. 731. STATE LEGAL ASSISTANCE DEVELOPMENT.
``A State agency shall provide the services of an
individual who shall be known as a State legal assistance
developer, and the
[[Page H10600]]
services of other personnel, sufficient to ensure--
``(1) State leadership in securing and maintaining the
legal rights of older individuals;
``(2) State capacity for coordinating the provision of
legal assistance;
``(3) State capacity to provide technical assistance,
training, and other supportive functions to area agencies on
aging, legal assistance providers, ombudsmen, and other
persons, as appropriate;
``(4) State capacity to promote financial management
services to older individuals at risk of conservatorship;
``(5) State capacity to assist older individuals in
understanding their rights, exercising choices, benefiting
from services and opportunities authorized by law, and
maintaining the rights of older individuals at risk of
guardianship; and
``(6) State capacity to improve the quality and quantity of
legal services provided to older individuals.''.
SEC. 707. NATIVE AMERICAN PROGRAMS.
Section 751(d) of the Older Americans Act of 1965 (42
U.S.C. 3058aa(d)) is amended to read as follows:
``(d) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section such
sums as may be necessary for fiscal year 2001, and such sums
as may be necessary for subsequent fiscal years.''.
TITLE VIII--TECHNICAL AND CONFORMING AMENDMENTS
SEC. 801. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Title I.--Section 102(34)(C) of the Older Americans Act
of 1965 (42 U.S.C. 3002(34)(C)) is amended by striking
``307(a)(12)'' and inserting ``307(a)(9)''.
(b) Title II.--
(1) Section 201(d)(3) of the Older Americans Act of 1965
(42 U.S.C. 3011(d)(3)) is amended--
(A) in subparagraph (C)(ii), by striking ``307(a)(12)'' and
inserting ``307(a)(9)''; and
(B) in subparagraph (J), by striking ``307(a)(12)'' and
inserting ``307(a)(9)''.
(2) Section 202 of the Older Americans Act of 1965 (42
U.S.C. 3012) is amended--
(A) in subsection (a)--
(i) in paragraph (19)(C), by striking ``paragraphs (2) and
(5)(A) of section 306(a)'' and inserting ``paragraphs (2) and
(4)(A) of section 306(a)''; and
(ii) in paragraph (26), by striking ``sections 307(a)(18)
and 731(b)(2)'' and inserting ``section 307(a)(13) and
section 731'';
(B) in subsection (c)--
(i) in paragraph (1), by striking ``(c)(1)'' and inserting
``(c)''; and
(ii) by striking paragraph (2); and
(C) in subsection (e)(1)(A)--
(i) by striking clause (i) and inserting the following:
``(i) provide information about grants and projects under
title IV;''; and
(ii) in clause (iv), by striking ``, and the information
provided by the Resource Centers on Native American Elders
under section 429E''.
(3) Section 205(a)(2)(A) of the Older Americans Act of 1965
(42 U.S.C. 3016(a)(2)(A)) is amended by striking ``subparts
1, 2, and 3'' and inserting ``subparts 1 and 2''.
(4) Section 207(a) of the Older Americans Act of 1965 (42
U.S.C. 3018(a)) is amended--
(A) by striking paragraph (3); and
(B) by redesignating paragraphs (4) and (5) as paragraphs
(3) and (4), respectively.
(5) Section 214 of the Older Americans Act of 1965 (42
U.S.C. 3020e) is amended by striking ``307(a)(13)(J)'' and
inserting ``339(2)(J)''.
(c) Title III.--
(1) Section 301(c) of the Older Americans Act of 1965 (42
U.S.C. 3021(c)) is amended by striking ``307(a)(12)'' and
inserting ``307(a)(9)''.
(2) Section 304 of the Older Americans Act of 1965 (42
U.S.C. 3024) is amended--
(A) in subsection (d)(1)(B), by striking ``307(a)(12)'' and
inserting ``307(a)(9)''; and
(B) by striking subsection (e).
(3) Section 305(a)(2)(F) of the Older Americans Act of 1965
(42 U.S.C. 3025(a)(2)(F)) is amended by striking
``307(a)(24)'' and inserting ``307(a)(16)''.
(4) Section 307 of the Older Americans Act of 1965 (42
U.S.C. 3027) is amended--
(A) in subsection (a), in paragraph (22) (as redesignated
by section 305(19)), by striking ``306(a)(20)'' and inserting
``306(a)(8)''; and
(B) in subsection (f)--
(i) in paragraph (1), by striking ``(f)(1)'' and inserting
``(f)''; and
(ii) by striking paragraph (2).
(5) Section 321(a)(15) of the Older Americans Act of 1965
(42 U.S.C. 3030d(a)(15)) is amended by striking ``section
307(a)(16)'' and inserting ``section 307(a)(12)''.
(d) Title VI.--Section 614(a) of the Older Americans Act of
1965 (42 U.S.C. 3057e(a)) is amended--
(1) by striking paragraph (9); and
(2) by redesignating paragraphs (10) through (12) as
paragraphs (9) through (11), respectively.
(e) Title VII.--
(1) Section 703(a)(2)(C) of the Older Americans Act of 1965
(42 U.S.C. 3058b(a)(2)(C)) is amended--
(A) in clause (i), by striking ``section 702(a)'' and
inserting ``section 702 and made available to carry out
chapter 2''; and
(B) in clause (ii), by striking ``section 702(b)'' and
inserting ``section 702 and made available to carry out
chapter 3''.
(2) Section 712(a)(1) of the Older Americans Act of 1965
(42 U.S.C. 3058g(a)(1)) is amended by striking ``section
702(a)'' and inserting ``section 702 and made available to
carry out this chapter''.
(3) Section 721(a) of the Older Americans Act of 1965 (42
U.S.C. 3058i(a)) is amended by striking ``section 702(b)''
and inserting ``section 702 and made available to carry out
this chapter''.
(4) Section 761(2) of the Older Americans Act of 1965 (42
U.S.C. 3058bb(2)) is amended by striking ``chapter 2, 3, 4,
or 5 of this title'' and inserting ``subtitle A''.
(5) Section 762 of the Older Americans Act of 1965 (42
U.S.C. 3058cc) is amended, in the matter preceding paragraph
(1), by striking ``or an entity described in section
751(c)''.
(6) Section 764(b) of the Older Americans Act of 1965 (42
U.S.C. 3058ee(b)) is amended by striking ``, area agencies on
aging, and entities described in section 751(c)'' and
inserting ``and area agencies on aging''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. McKeon) and the gentleman from Missouri (Mr. Clay) each
will control 20 minutes.
The Chair recognizes the gentleman from California (Mr. McKeon).
Mr. McKEON. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, over a year and a half ago, the gentleman from Nebraska
(Mr. Barrett) walked into my office and suggested that it was time that
we reauthorize the Older Americans Act, and I immediately agreed.
The following week, we had breakfast with the gentleman from Missouri
(Mr. Clay), ranking member, and the gentleman from California (Mr.
Martinez); and they too agreed that passage of the act was warranted
and long overdue.
Now we all said that, if we were going to be successful, we would
have to do two things: one, always keep the best interest of seniors at
the top of the list; and, two, work together.
From that moment forward, there has been no turning back. We held six
hearings, including three in the field and three here in Washington. We
heard from everybody, and I mean everybody, from the administration to
State units on aging to area agencies on aging to local providers to
volunteers and to the seniors themselves.
In other words, we heard, not just from the folks that run the
programs, but also from those folks who were served by them.
Armed with their insight, experience, and expertise, we first sat
down among ourselves and crafted H.R. 782, the Older Americans Act
Amendments of 1999, which was favorably voice voted out of the
Committee on Education and the Workforce last year.
Then this year, we sat down with our colleagues from the other body
and crafted a bipartisan preconference agreement based on H.R. 782 and
the Senate version, S. 1536. It is this proposal, the House and Senate
bipartisan preconference agreement, that we will be voting on today.
This new agreement addresses everything from voluntary contributions,
rural consideration, care giving, elder rights, disease prevention, and
the senior employment program.
Now, let me just say that, if one still has doubts as to whether or
not we really need to modernize this act, consider the following: one,
the baby boom generation is graying; two, Americans are living longer;
three, 44 million Americans are age 60 and older; and, four, the last
time Congress passed this act was in 1992.
There is simply no doubt that some changes are needed. My colleagues
will find there is no question that the Older Americans Act Amendments
of 2000 does just that and does it in a bipartisan fashion benefiting
all older Americans.
For instance, not only does this bill ensure flexibility and
streamline the act services by reducing the number of programs and
projects, but it protects essential programs like disease prevention,
elder abuse aid and Meals on Wheels.
In addition, the bill consolidates and strengthens two existing
programs into a new family caregiver program to provide grants to
States for such services as counseling, training, support groups,
respite care, informational assistance and supplemental services.
Today, approximately 4.4 million elderly persons are in need of long-
term care assistance because they are not able to perform basic
everyday tasks such as dressing, bathing, and eating. Over 7 million
caregivers provide informal or unpaid care to them each week.
As a result, this particular program alone will enhance the quality
of life for frail individuals and those who care for them, plus save
taxpayer money in the long run by preventing and/or delaying a senior's
admittance into a nursing home.
[[Page H10601]]
For example, a September 1998 report commissioned by the Alzheimer's
Association found that increased use of respite care at mild and
moderate stages of Alzheimer's has shown to delay nursing home
placement significantly, a net savings of as much as $600 to $1,000 per
week.
Delaying nursing home admissions for people with Alzheimer's disease
by just one month could save at least $1.12 billion a year. Imagine the
impact this new family caregiver program will have on the families that
it assists and the money it will save when it comes to Medicare and
Medicaid.
It is no wonder the Alzheimer's Association calls the bill's
authorization for the family caregiver program a welcome breakthrough.
Finally, the bill also reforms the Senior Community Service
Employment Program by instituting performance standards and
accountability measures.
Mr. Speaker, I would like to take a moment and publicly thank the
gentleman from Pennsylvania (Chairman Goodling); the gentleman from
Missouri (Mr. Clay), ranking member; the gentleman from California (Mr.
Martinez); and the gentleman from Nebraska (Mr. Barrett) for their
leadership in bringing this bill to the floor. I thank them for their
commitment to see this bill through. I would like to wish each of them
well in their retirement. I am pleased that they can finish their
outstanding tenure here in Congress with the passage of the Older
Americans Act reauthorization.
I would like to end by saying that, for the first time in close to 8
years, Members have a chance today to vote for a bipartisan Older
Americans Act, one that ensures flexibility, streamlines the services,
improves the performance of the senior employment program, and includes
a new family caregiver program. Do not miss out on this opportunity.
Vote for the Older Americans Act Amendments of 2000.
Mr. Speaker, I reserve the balance of my time.
Mr. CLAY. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, it gives me great pleasure today to rise in support of
this bipartisan bill that reauthorizes the Older Americans Act. More
than 30 years ago, Congress established this act to help older people
live longer with dignity and independence in their communities.
By providing home-delivered meals, preventive health screening,
community service employment, legal assistance and a host of other
services, the Older Americans Act serves to improve the quality of life
for our nation's elderly.
During past reauthorizations, Members of both sides of the aisle have
come together in a bipartisan manner to strengthen services under the
bill where the need existed.
In 1984, the Act was amended to require States to give particular
attention to low-income minority elderly in providing services. Prior
to enactment of this critical provision, there was repeated and regular
neglect of minority seniors.
This bill continues to recognize that low-income minorities have the
greatest social and economic need for services provided under the act.
The bill also continues to provide meals, information and assistance,
outreach, benefits counseling, case management, and other protective
services to seniors without regard to income.
Finally, Mr. Speaker, the bill contains the President's National
Family Caregiver Support program. This program provides training and
support services to family members who care for frail elderly
relatives. Millions of noninstitutionalized elderly persons have
trouble with at least two of the activities of daily living.
The kind of home and community-based services promoted by the family
caregiver support program helps to keep older persons independent in
their own homes for a much longer time. As the number of seniors grows
in the coming decades, this law will become increasingly vital.
Mr. Speaker, I want to commend the gentleman from Pennsylvania
(Chairman Goodling) and the gentleman from California (Mr. McKeon) and
the gentleman from Nebraska (Mr. Barrett) for the good work that they
have done to bring this bill before us.
Without their efforts, we would not be, today, passing this piece of
legislation. So I want to commend them, and I support the bill and urge
all of our colleagues to support it.
Mr. Speaker, I reserve the balance of my time.
Mr. McKEON. Mr. Speaker, I ask unanimous consent that the balance of
my time be controlled by the gentleman from Pennsylvania (Mr.
Goodling), the chairman of the Committee on Education and the
Workforce.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. GOODLING. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I am extremely pleased to be here today. I will not be
able to say any longer what I have said so many times that, for the
first time in the history of the Congress, we passed a bipartisan
bicameral bill when we passed IDEA, because I think we may have come
close to that again, having a bipartisan bicameral bill.
As the gentleman from Missouri (Mr. Clay), the ranking member
indicated, this bill would not have gotten here if the gentleman from
California (Mr. McKeon) and the gentleman from Nebraska (Mr. Barrett)
had not been so constantly demanding that it get to the floor. It would
not have gotten orchestrated at all if the staff and the minority and
the majority, including the gentleman from California (Mr. Martinez),
had not worked so hard to try to bring a bill that could be accepted.
Well, it is very important to the seniors. I should say it is very
important to we seniors since I will depend on this program after
January 3 of next year. So, again, I thank the gentlemen and the
gentlewomen for putting together this piece of legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. CLAY. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
Mr. GOODLING. Mr. Speaker, I yield 4\1/2\ minutes to the gentleman
from Nebraska (Mr. Barrett), one of the driving forces.
{time} 1345
Mr. BARRETT of Nebraska. Mr. Speaker, I thank the gentleman for
yielding me this time, and I rise with great pleasure in support of
H.R. 782, the Older Americans Act Amendments of 2000. Today's
consideration of H.R. 782 does bring to the floor a very solid, very
significant bipartisan legislative accomplishment that is 5 long years
overdue.
The Older Americans Act, or OAA, provides a framework for a variety
of services that supports seniors by helping them stay safe and healthy
and active members of their communities. Our seniors today are the real
winners. Getting to this point has taken nearly 2 years of bipartisan
and, yes, I say to the gentleman from Pennsylvania (Mr. Goodling),
bicameral effort. I am so grateful to my colleagues in the body who,
along with me, took up the challenge.
As the subcommittee chairman, the gentleman from California (Mr.
McKeon), has already done and the gentleman from Pennsylvania (Mr.
Goodling) has done, I wish to thank the people that were primarily
responsible for coming to this point today, especially the subcommittee
chairman, the gentleman from California (Mr. McKeon); the full
committee chairman, the gentleman from Pennsylvania (Mr. Goodling); and
the ranking member of the full committee, the gentleman from Missouri
(Mr. Clay); as well as the gentleman from California (Mr. Martinez).
Without their consistent good faith and hard work, we would never have
been able to reach the compromises that we did to make the solid policy
reforms that we have made in this reauthorization.
I also want to thank the excellent staff on both sides of the aisle
and also the Congressional Research Service who advised us throughout
this long laborious process.
I am very proud of H.R. 782's reforms. Let me summarize just a few of
the policies that we have strengthened through the reauthorization. We
made changes to allow local senior centers and area agencies on aging
to make local decisions about meeting their communities' needs. This
includes programs like congregate and home-delivered meals, subsidized
rides and van
[[Page H10602]]
service, homemaker and chore services, and a variety of social
activities.
We have added a family caregiver program to serve thousands of
families who commit time, support and money to care for their
chronically ill loved ones who are at home.
We have included language to prohibit waste, fraud and abuse of any
OAA programs or funds.
We have worked to better the needs of Native Americans by
strengthening existing services and making tribal organizations
eligible to participate in disaster relief services as well as the
family caregiver program.
We have updated the State long-term care ombudsman program and
services for the prevention of elder abuse. Because of this change,
States and local senior centers will now be better equipped to meet the
needs of seniors in long-term care facilities.
We have worked hard to reach compromise on the most contentious part
of this bill, which is title V. Working with those in the field who
know the bill the best, we came to a compromise that I think everyone
can support.
We have made OAA programs more available for seniors in rural
America, very important to me, by requiring programs to take into
account how they serve rural areas and adding a project to address the
challenges of long-term care in some of our more remote frontier
counties.
Finally, along with the new rural provisions, we have extended
existing language to ensure OAA programs are available for minority
seniors. We have also authorized existing programs to support
gerontology studies in Historically Black Colleges and Hispanic
institutions.
These and a lot of other changes will make the Older Americans Act an
even more valuable and adaptable tool to meet the needs of our seniors.
For the good of every senior across the country who participates in
meals programs, for the seniors taking advantage of 40 million
subsidized rides, for the 100,000 seniors in subsidized employment, and
for the millions of family caregivers, I ask each Member to join me in
supporting reauthorization of the Older Americans Act. Every single
senior in this country needs this bill, and they will not forget if we
squander this opportunity.
Mr. GOODLING. Mr. Speaker, I yield 3 minutes to the gentleman from
California (Mr. Martinez), who was the ranking member on the
subcommittee as they put together this bipartisan-bicameral
legislation.
(Mr. MARTINEZ asked and was given permission to revise and extend his
remarks.)
Mr. MARTINEZ. Mr. Speaker, I started this bill as a Democrat, and I
am finishing it as a Republican; but I think it does not matter because
either way this is a bipartisan bill, and the issues before us that
deal with the seniors have never been partisan. They have always been
bipartisan.
In every Congress that I have served in the past 18 years, whenever
we reauthorized the Older Americans Act, it was passed unanimously by
the House and usually by the Senate also.
As the coauthor of this bill and the sponsor of the previous two
reauthorizations of the Older Americans Act, I can truly say we can now
say to our senior citizens that the security of the programs that are
vital to them will not be jeopardized; but they, in fact, as the
gentleman from Nebraska (Mr. Barrett) has laid out, will be enhanced.
I must give my highest praise to the tireless efforts of the
chairman, the gentleman from Pennsylvania (Mr. Goodling), in his work
on this, and also my colleague, the gentleman from California (Mr.
McKeon), and the gentleman from North Carolina (Mr. Ballenger), as well
as our colleagues in the other body, Senators Jeffords, DeWine, and
Kennedy for bringing the Older Americans Act of 2000 to the floor for
this important vote.
There were also other people that worked on the periphery of this
bill: the gentlewoman from Missouri (Mrs. Emerson) was one of those who
was very interested in making sure we got passed a bill that we could
all support; the gentleman from New Jersey (Mr. LoBiondo) and the
gentleman from Pennsylvania (Mr. Greenwood), as well as several others.
There are too many to mention that really had as their earnest desire
to see this bill passed and the Older Americans Act finally
reauthorized.
This act is key to the programs that provide nutrition, care
services, and information and family support to seniors all across this
Nation. This particular act today is holding our programs more
accountable than they have been in the past, and they have created the
ability for seniors to obtain employment, created greater flexibility
for streamlining the administration, and provided greater inclusion of
seniors who are underserved by this program.
More importantly, the 2000 amendments creates a new family caregiver
program to assist those who care for their frail and older family
members. This was a great effort by the gentleman from North Carolina
(Mr. Ballenger) and myself to make sure this was included in the bill.
Mr. Speaker, as Americans, I have always believed that we owe a debt
of gratitude to our seniors. They are the ones that have lead the way
and paid their dues before we started to. As Members of the House, we
must honor that debt and assist the seniors in their golden years by
passing this Older Americans Act. It is the right thing to do, and it
is the timely thing to do.
Mr. GOODLING. Mr. Speaker, I yield 1 minute to the gentleman from
Ohio (Mr. Regula).
(Mr. REGULA asked and was given permission to revise and extend his
remarks.)
Mr. REGULA. Mr. Speaker, I thank the gentleman for yielding me this
time. As cofounder and cochairman of the Older Americans Caucus, I rise
today in strong support of H.R. 782, the Older Americans Act Amendments
of 2000, and would like to express my support for this most important
piece of legislation.
America's population is aging, and more people are in need of special
services and programs that provide them with opportunities to continue
living healthy and productive lives. Recently, I met with the 50 State
representatives of the Green Thumb Program. It was very inspiring to
hear their success stories achieved as a result of the Older Americans
Act. One gentleman was over 100 years old and still actively working.
After much work, dedication, and compromise, we have before us today
legislation that amends and reauthorizes the Older Americans Act of
1965. Passage of this legislation will, among many other important
things, enhance opportunities for seniors, while wisely using taxpayer
dollars.
I especially commend the chairman of the committee and all who worked
on this legislation for doing an excellent job.
Mr. GOODLING. Mr. Speaker, I yield 2 minutes to the gentleman from
Michigan (Mr. Ehlers), another member of the committee.
Mr. EHLERS. Mr. Speaker, it is a great pleasure to rise today to
speak on behalf of this bill. We have struggled mightily with it in the
Committee on Education and the Workforce. We have had substantial
disagreements, but I am very pleased we have been able to resolve those
disagreements and get this bill to the floor.
I continually hear from constituents about the importance of this
bill and the activities that are carried out under the bill. It is
something that they regard as very necessary, particularly for those
who need assistance with meals. So I am very pleased that the bill is
here.
I join with my colleagues who have spoken before. There is no need to
repeat their words, but let me say that I associate myself with their
comments, and I urge that we soon bring this bill to a vote and that we
do pass this bill. I hope the Senate will do likewise.
Mr. GOODLING. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I again want to thank the gentleman from Missouri (Mr.
Clay) of the minority, I want to thank the gentleman from California
(Mr. McKeon) and the gentleman from Nebraska (Mr. Barrett) for their
constant pressure to make sure that we got this completed, and the
gentleman from California (Mr. Martinez) for his effort to put this
legislation together. Above all, I want to thank the unsung heroes, and
they are always the people who stay day and night trying to make sure
that we do the right thing as Members: staff Cindy Herrle; Lynn
Selmser, who has been with me 942 years; Sally Lovejoy; Jo-Marie St.
[[Page H10603]]
Martin; Erin Duncan, from the office of the gentleman from Nebraska
(Mr. Barrett); Karen Weiss from the office of the gentleman from
California (Mr. McKeon); Mary Ellen Ardouny; Cheryl Johnson and Carol
O'Shaughnessy from CRS. They played a leading role in making sure that
we had this bipartisan-bicameral legislation before us today.
I ask all to support this legislation, Mr. Speaker, so we have a 100
percent vote on this important issue.
Ms. DeGETTE. Mr. Speaker, I am pleased to see that the House has
finally seen fit to bring this important legislation to the floor. The
seniors of our country have been waiting a long time for the valuable
programs contained in this bill to be reauthorized.
While I will support passage of this bill, H.R. 782, I do so with
great reluctance. Not because of what this bill does, but because of
what it does not do. H.R. 782 does not recognize the changing
demographics in our nation, and does not properly adjust the funding
formula in Title III of the Older Americans Act. As a result, Colorado,
along with other western and southern states, are being under-funded.
This threatens our ability to meet the needs of our seniors.
I hope my colleagues understand that the funding formula for Title
III of the Older Americans Act, which funds Supportive Services and
Multipurpose Senior Centers, Nutrition Services including Congregate
and Home Delivered Nutrition Programs (for example Meals on Wheels),
Disease Prevention and Health Promotion Services Program, and the
Family Caregiver Program, distributes funds in a manner that, according
to the General Accounting Office, ``. . . underfunds most states with
above-average growth in their elderly populations, as compared with
those states with below-average growth.''
The formula we are about to vote on currently distributes 85 percent
of the Older Americans Act total fiscal year 2000 grants for Title III
based on how much funding each state received 13 years ago in 1987. Let
me say that again, we are about to approve a formula that is based on
1987 population data. Only 15 percent of funds are actually distributed
based on current population statistics. Therefore, funds are being
distributed largely on where the elderly were over 13 years ago rather
than where they are today. If this is what we want to call responsive
government, then I think we are in trouble.
The General Accounting Office, in its report entitled ``Title III,
Older Americans Act: Administration on Aging Funding Method Underfunds
High-Elderly-Growth States'' released in June 2000, strongly recommends
that the formula be amended by this Congress to more fairly distribute
funds. Otherwise, as the report notes:
``. . . the gap in funding per elderly person can be large. For
example, Arizona's funding per elderly person is 33 percent less than
Iowa's under the AOA method . . . AOA's distribution method underfunded
10 states by more than $1 million each in fiscal year 2000 (Arizona,
California, Colorado, Florida, Georgia, North Carolina, Puerto Rico,
South Carolina, Texas and Virginia) and overfunded 7 others by more
than $1 million (Illinois, Massachusetts, Missouri, New Jersey, New
York, Ohio and Pennsylvania).''
It troubles me that this bill has been in committee throughout the
106th Congress and finally comes to the floor with such an
inappropriate funding formula. This issue must be addressed. It is not
fair to the seniors in Colorado, Nevada, Arizona, New Mexico, South
Carolina, Florida, North Carolina, Texas, Georgia, Washington,
Virginia, California, Oregon, Maryland, Tennessee, and Puerto Rico.
Because it does not appear that there is the desire to right this
wrong today, I plan to introduce legislation in the 107th Congress that
will correct this problem.
Mr. DeFAZIO. Mr. Speaker, I'm pleased to rise in strong support of
H.R. 782, legislation reauthorizing and amending the Older Americans
Act (OAA) and to commend my colleagues for their recent bipartisan
efforts to bring this critically important legislation to the floor.
Last year, Jo Ann Emerson and I introduced H.R. 773 a bill to
reauthorize the OAA. Our reauthorization bill received the bipartisan
support of 233 cosponsors and was supported by all major seniors
organizations and advocacy groups. Unfortunately, our efforts to
reauthorize the OAA were stalled by the House Republican leadership,
and an attempt was made to bring an OAA bill to the floor that was not
supported by seniors groups.
In an effort to allow a vote on H.R. 773 this year, Representative
Minge and I filed a discharge petition, which to date has 191
signatures. I'm proud that these efforts, and grass roots activism has
contributed to the compromise legislation on the floor today. This
bill, H.R. 782, represents a bipartisan compromise that is supported by
all the major seniors groups.
Throughout its 35 year history, the OAA has enjoyed strong bipartisan
support. The OAA is the major vehicle for the delivery of social and
nutrition services for older persons. However, the OAA has not been
reauthorized since the program expired in 1995. Its programs continue
to be funded, but without reauthorization the program's growing needs
cannot be met. The typical recipients of Older Americans Act services
are women over 75, living on a fixed and very limited income, who need
daily help in preparing meals or weekly transportation to a doctor.
People over age 75 represent the fastest growing segment of the
American population. The primary goal and success of the community
service programs, authorized by the OAA, has been to keep millions of
frail older persons independent in their own homes as long as possible,
avoiding premature institutionalization, and thus saving Medicare and
Medicaid resources.
The OAA provides a wide range of home and community based services in
every locality in the nation. These services include congregate and
home delivered meals, in-home care, transportation assistance, elder
abuse protection and adult day care. In addition the OAA authorizes
funding for nursing home ombudsman services, senior employment
programs, senior centers, legal assistance and counseling, and millions
of hours of volunteer service by seniors for other seniors are
provided. Waiting lists of frail elders in need of these community
services exist in almost every town and city in the nation. H.R. 782
will help meet this critical need. I encourage all Members to vote in
favor of this legislation.
Mrs. EMERSON. Mr. Speaker, I rise today in strong support of H.R.
782, reauthorization of the Older Americans Act (OAA). I'd like to
commend Chairman Bill Goodling, Chairman Buck McKeon, Ranking Member
Bill Clay, and all the Members of the Education and Workforce Committee
for their hard work on this important bill.
Mr. Speaker, after a lifetime of hard work, our retirement years
should be the best years of our lives. All Americans should be able to
look forward to their golden years as a time for new opportunities and
to pursue new learning experiences--no matter what challenges aging may
present. Most importantly, each of us should be able to enter into our
retirement with the confidence and security that come with knowing that
we will not be isolated or forgotten by our communities or government.
One of the simplest ways to ensure that all of these goals are met is
to reauthorize the Older Americans Act. Unlike funding from many other
federal government programs that pay for long term care, OAA funds
allow seniors to age with dignity and respect. By linking seniors with
a variety of existing federal, state, and local home and community
based services, seniors now have the ability to remain in their own
homes and communities as they grow older. Some of these services
include home-delivered and congregate meals, transportation, employment
services, chore and personal care, legal assistance, elder abuse
protections, nursing home ombudsman, senior employment, adult day care,
senior centers, legal assistance and counseling as well as many other
unique programs. Even more importantly, this broad array of services is
available in just about every community in the nation.
One of the most beneficial OAA programs in my district is the Senior
Community Service Employment Program (SCSEP). This program is the
nation's only employment and training program aimed exclusively at low-
income older Americans. It serves over 90,000 low-income elderly
persons every year, keeping them active and involved in their
communities, not isolated at home. It provides them with the
opportunity to make important contributions to their communities and to
learn new skills, while enhancing their sense of dignity and self-
esteem. I am very pleased that this bill allows groups like Greenthumb,
just one group that helps to administer the SCESEP, to continue the
wonderful job they've been doing in placing seniors in worthwhile
employment positions. Greenthumb has been especially important to
seniors in hard to reach areas--including rural areas like those in my
district, and I am glad that H.R. 782 continues to support Greenthumb's
important mission.
Our nation's seniors have given a lifetime of service. Reauthorizing
the Older Americans Act allows us to give back to the seniors who have
made our country what it is today, and I urge all my colleagues to
support this important legislation.
Mr. SHAYS. Mr. Speaker, I rise in strong support of H.R. 782. This
bipartisan, bicameral piece of legislation reauthorizes the Older
Americans Act through fiscal year 2004, and makes a number of
improvements to serve a rapidly expanding senior population.
I commend Chairman Goodling and Representatives McKeon, Barrett,
Clay, and Martinez for their hard work on reaching a compromise on this
bill and would also like to applaud my colleague from Oregon,
Congressman DeFazio.
[[Page H10604]]
I am particularly pleased H.R. 782 reauthorizes the senior nutrition
programs originally authorized under the Older Americans Act.
Specifically, under the legislation, states' flexibility to transfer
funds between congregate and home-delivered nutrition programs and
between supportive services and nutrition services programs is
increased.
The congregate and home delivered meal programs address both the
nutritional and social needs of many seniors. In point of fact, a 1996
evaluation confirmed the senior nutrition program is an important part
of ensuring our seniors are healthy.
According to the study, participants in the program are among our
most vulnerable population--they are older, poorer and more likely to
be members of minority groups compared to the total elderly population.
The evaluation also indicated that for every federal dollar spent on
congregate meals, other funding sources contribute $1.70.
Few programs can boast the importance to the elderly and overwhelming
success of the elderly nutrition as senior nutrition programs. Because
both the congregate and home delivered meal programs were authorized by
the Older Americans Act, which expired at the end of FY 95, it is
imperative this Congress pass a reauthorization bill.
Since its enactment over thirty years ago, the Older Americans Act
has enabled millions of older persons to remain independent and
productive. Many of these individuals would have been institutionalized
were it not for the home and community-based services including meals
and transportation provided by this important legislation.
Older Americans have also benefitted from research and demonstrations
under the Act that enable policymakers to update services based on best
practices, and senior community service employment that provide on-the-
job training.
The Older Americans Act authorizes a wide array of service programs
through a nationwide network of 57 state agencies on aging, 657 area
agencies on aging and 25,000 service providers. Under the Older
Americans Act, states receive funding for supportive services and
senior centers, congregate and home-delivered meals, Department of
Agriculture commodities or cash-in-lieu of commodities, preventative
health services, and in-home services for the frail elderly.
These services are available to all seniors but are targeted to those
with the greatest economic and social need, particularly low-income,
minority seniors.
In addition, the Act authorizes services for transportation
information and referral, home care, research and recreation, and
grants for abuse prevention and outreach counseling.
There are few communities within the country where Older Americans
Act programs do not exist, and the demands on the programs for the
elderly are increasing.
Mr. Speaker, it would be irresponsible of this Congress to fail to
reauthorize the Older Americans Act, and I urge my colleagues on both
sides of the aisle to support this consensus legislation.
Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise in strong support of
H.R. 782, the Older Americans Act Amendments of 2000. The Older
Americans Act is a critical source of funding for seniors that we have
an opportunity to renew this year. Mr. Speaker, I can think of few
pieces of this carefully crafted legislation that have such a
tremendous impact on older Americans.
Since its enactment over thirty years ago, the Older Americans Act
has enabled millions of older persons--especially those with
disabilities--to remain independent and productive. Many of these
individuals would have been institutionalized, were it not for the home
and community-based services such as meals and transportation provided
by this landmark legislation. Older persons have also benefited from
research and demonstrations under this Act that enables policymakers to
update services based on best practices, and senior community service
employment that provides training for those who need the work.
This bill authorizes $1.6 billion in FY 2000 under the bill. The
measure does more than reauthorize existing--albeit important programs.
It establishes a new program to assist caregivers, and changes the
distribution funds under the seniors employment program so that states
would get a larger proportion of funds, and national organizations
would get a smaller proportion, than they currently do. We only hope
this provides states with adequate flexibility in administering OAA
programs.
The bill provides $449 million in funding for the Senior Community
Service Employment program, which provides employment opportunities for
low-income seniors aged 55 and over. The legislation would gradually
shift funds over a five-year period from national organizations to
states, on a fixed percentage. The bill requires states, to the maximum
extent possible, to ensure that no senior loses his or her job as a
result of this shift in funding. I would not have supported this
bipartisan provision within the bill if the AARP--one our nation's
premier seniors' organizations--did not also strongly support this
legislation as it is written.
H.R. 782 contains resources for a number of other important issues
that are of great concern for seniors. The bill includes funding for
$306 million for supportive services and senior centers; $382 million
for congregate meals; another $114 million for much-needed home-
delivered meals (the ``meals on wheels'' programs); $150 million for
Agriculture Department funding; at least $125 million for family
caregiver as noted above; and $12 million for the well-known ombudsman
and elder abuse prevention program.
H.R. 782 deserves our support. We cannot adjourn for the 106th
Congress without ensuring that seniors are adequately provided for. I
urge my colleagues to vote in favor of this legislation.
Mr. STUPAK. Mr. Speaker, I rise in support of H.R. 782, the
reauthorization of the Older Americans Act.
I am pleased to see that this Congress has finally come together to
reauthorize this vital legislation, after several years of failing to
reach agreement and passing only annual appropriations to keep it
going. The Older Americans Act is essential to this nation's older
citizens. It funds a wide array of supportive services, including home
care and ombudsman services for long-term care facility residents, a
subsidized employment program, and provides new authority for a
National Family Caregiver Support Program which will assist families
who care for the frail elderly.
There is no question that as this nation's baby boomers age and as
people are living longer, the challenges of aiding and providing for
the elderly must be met. With the reauthorization of the Older
Americans Act until 2005, Congress will ensure that the needs of our
seniors will continue to be at the forefront.
I would also like to draw attention to one particular program being
reauthorized in the Older Americans Act, the elderly nutrition program.
This program provides over 240 million congregate and home-delivered
meals to over 3 million older persons annually. Senior meal providers
depend on the funding received through this program, yet the funding
has remained static year after year. With the rising cost of meals and
the increasing numbers of seniors dependent on meals, senior meal
providers have been facing great hardships in meeting the needs of
these seniors.
In response to this problem, I worked very hard with my colleague Mr.
Boehlert to increase the funding for the USDA reimbursements provided
through this elderly nutrition program. I am pleased to say that we
successfully offered an amendment to the Department of Agriculture
appropriations bill to increase these reimbursements. I would like to
thank the conferees for paying attention to our amendment, and
increasing the USDA reimbursements by $10 million over the amount
originally funded. I hope that this increase will provide a measure of
assistance to these senior meal providers who do so much for this
nation's elderly, and I am pleased to support today's legislation as a
continuation of the necessary and important effort to provide for our
seniors.
Mr. MILLER of Florida. Mr. Speaker, back in April when this House
originally was slated to vote on this matter, I came to this floor to
denounce the draft of the Older Americans Act and to vote against it
under suspension because I believed it was unfair to Florida. Clay
Shaw, Carrie Meek, Bill McCollum, and I and the rest of the entire
delegation from Florida wrote to the authorizers to demand that the
funding formula under Title III, the formula that distributes money for
programs such as Meals on Wheels, be changed to reflect modern
realities.
The draft of H.R. 782 used 1987 Census data to distribute money. We
all know that there are more seniors in Florida today than there were
in 1987. Our nation just spent over $6.5 billion to get the best Census
data possible but this Congress would essentially ignore it by passing
a 5 year reauthorization locking in 1987 data to the year 2003.
I want to thank Chairman Goodling and Subcommittee Chairman McKeon,
and Mr. Martinez and Mr. Clay for their willingness to be flexible to
the concerns raised by the Florida delegation. The art of compromise is
important and is the result of hard work by many members on both sides
of the aisles. This final version is not 100 percent of what I wanted,
but it is much better for Florida than the status quo. As such, I want
to thank them for their leadership in seeking to resolve questions.
The compromise applies to all new monies in Title III. The agreement
would clarify that funds for Title III supportive and nutrition
services be distributed to states based on the most recent U.S. Census
Bureau population data (as compared to the current practice which
allocates funds to states based, in part, on a 1987 ``hold harmless''
provision). But it also specifies that no state is to receive less than
it received in FY2000, and that, when
[[Page H10605]]
there is an increase in funding above the FY2000 level, every state is
to receive at least a portion of such increase (at least 20 percent of
my percentage increase in funds above the FY2000 level).
Beyond the Meals on Wheels program, I am excited about the other
aspects of this program. This bill contains:
New flexibility and modernization to better serve this changing
population while encouraging state innovation;
Notable and substantial reform of Title V of the Act, the Senior
Community Service Employment Program (SCSEP).
Emphasis on ombudsman programs, and prevention of elder abuse,
neglect and exploitation.
Authorization of a National Family Caregivers Support Program--
offering support to family members, or other individuals who provide
in-home and community care to older individuals. This may include
information to caregiver about available services, assistance in
gaining access to services, counseling, organization of support groups
and caregiver training for problem solving. In addition, it is designed
to offer respite care to caregivers.
Once again, I thank the Chairman for yielding and all his fine work
on this legislation. This legislation is another senior friendly
accomplishment of this Congress that will make an important difference
in the lives of many seniors.
Mr. PAUL. Mr. Speaker, I am pleased to take this opportunity to
express my opinion on the Older Americans Act Reauthorization (H.R.
782) and explain why I must vote against this bill. Of course, I
support efforts to ensure America's senior citizens have access to
employment, nutritional and other services; however the federal
government is neither constitutionally authorized nor competent to
provide such services.
Under the tenth amendment, the federal government is forbidden from
interfering in areas such as providing employment and nutritional
services to any group of citizens. Thus, when the federal government
uses taxpayer funds to support these services, it is violating the
constitution. In a constitutional republic, good intentions are no
excuse for constitutional carelessness.
Furthermore, Mr. Speaker, by involving itself in these areas, the
federal government has politicized the offering of these services as
well as assured inefficiencies in their delivery--inefficiencies that
would not be present if the federal government respected its
constitutional limits and allowed states, local communities and private
citizens to provide these vital services to seniors. For example, one
of the most contentious areas of this bill is the funding that goes to
private organization to provide employment services. Many of these
organizations are involved in partisan politics, and, because money is
fungible, the federal grants to these organizations make taxpayers de
facto underwriters of their political activities. As Thomas Jefferson
said: ``To compel a man to furnish funds for the propagation of ideas
he disbelieves and abhors is both sinful and tyrannical.'' This
``sinful and tyrannical'' action is inevitable whenever Congress
exceeds its constitutional limitations and abuses the taxing power by
forcing citizens to support the charitable activities of
congressionally-favored organizations. One reason for this is that
federal funding encourages these organizations to become involved in
lobbying in order to gain more federal support. These organizations may
even form alliances with other advocacy groups in order to build
greater support for their cause.
When social services are nationalized, there is inevitably waste and
inefficiency in the distribution of the services. This is because when
the government administers social services the lion's share of those
services are provided to those with the most effective lobby or those
whose Congressional representative is able to exercise the most clout
at appropriations time. While I applaud the efforts of certain of my
colleagues on the Education and Workforce Committee to direct resources
to where they are truly needed, particularly Mr. Barrett's efforts to
bring more resources to rural areas, the politicization of social
services will inevitably result in some areas receiving inadequate
funding to meet their demand for those services. I have little doubt
that if these programs were restored to the private sector those areas
with the greatest concentration of needy seniors would receive priority
over those areas with the most powerful lobby.
There are ways to ensure that seniors have opportunities for
productive lives without violating the constitution and politicizing
charity. One way is to repeal the social security earnings limit, which
punishes seniors who continue to work in the private sector. Another
way is through generous tax credits and deductions for taxpayers who
support charitable organization designed to provide services to
individuals. Finally, the best way to aide the nation's seniors, and
those who are about to be seniors, is to stop raiding the nation's
social security system to finance other unconstitutional programs. This
is why the first piece of legislation I introduced this year was The
Social Security Preservation Act (H.R. 219), which would ensure that
social security monies would be spent on social security. I was also a
cosponsor of the legislation to end the earnings limit, which passed
the House of Representatives this year. I am also cosponsoring several
pieces of legislation to allow people to use more of their own
resources to help the needy by expanding the charitable tax deduction.
Mr. Speaker, several years ago, when people still recognized their
moral duty to voluntarily help their fellow humans rather than expect
the government to coerce their fellow citizens to provide assistance
through the welfare state, my parents were involved in a local Meals-
on-Wheels program run by their church. I remember how upset they were
when their local program was forced to conform to federal standards or
close its program because Congress had decided to take control of
delivering hot food to the elderly. It is time that this Congress
return to the wisdom of the drafters of the Constitution and return
responsibility for providing services to the nation's seniors to
states, communities, churches, and other private organizations who can
provide those services much more effectively and efficiently than the
federal government.
Mr. GILMAN. Mr. Speaker, I rise today in strong support of H.R. 782,
a bill to reauthorize and make amendments to the Older Americans Act. I
urge my colleagues to join in lending their support to this essential
legislation.
H.R. 782 reauthorizes the Older Americans Act through FY 2004. In
doing so, it provides funds for the administration on aging, various
native American programs for the elderly, important state and local
programs for the elderly, like nutrition and family care-giver
services, state run elder abuse prevention programs, and senior
employment programs. All of these are vital services which are
dependent upon congressional authorization and appropriating.
The legislation also seeks to improve services to the elderly through
the establishment of an ``aging network.'' Under this program, funding
formulae will be changed so that a given state's portion is based
directly upon its share of the senior population. At the same time,
however, a funding floor is established, so that no state will see its
funded amount drop below FY 2000 levels. Moreover, by accepting these
funds, the states will have to provide a comprehensive plan to ensure
that the needs of its rural elderly citizens are being addressed.
H.R. 782 further seeks to improve services available to the elderly
through the creation of the national family care-giver support program.
This program will aid families in caring for elderly parents or other
relatives, as well as for grandparents who are forced to care for their
grandchildren, an increasingly common phenomenon. The services
available include: information on accessing services, counseling and
support training, respite care and other supplemental assistance.
Moreover, Mr. Speaker, this bill authorizes $475 million for FY 2001
for the senior community service employment program, which assists low-
income seniors in gaining employment and subsidizes those efforts.
As our population continues to age, it is vital that the Congress act
to ensure that our senior citizens have access to adequate nutrition
and increasingly, employment, services. Likewise, with many families
opting to provide direct care for their elderly relatives, rather than
relying on traditional nursing homes, we are finding that the Federal
Government, along with the various states, can do much to facilitate
their efforts.
This bill reauthorizing and amending the Older Americans Act is being
considered at a critical moment. For this reason, and those outlined
above, I urge my colleagues to hasten its adoption.
Mr. TIERNEY. Mr. Speaker, I rise today in support of H.R. 782, the
Older Americans Act Amendments. The reauthorization of the Older
Americans Act is five years overdue, and it is time for Congress to
show its support for our nation's seniors by passing this important
bipartisan legislation. I applaud the efforts of my colleagues in the
Senate, particularly Senator Kennedy, for making this bill, which is so
important to our nations seniors, a legislative priority.
I think we can all agree that renewing our commitment to older
Americans is an important legacy for the 106th Congress. The Older
Americans Act includes crucial programs such as the elderly nutrition
program, which provides 240 million meals to over 3 million older
persons each year, as well as the Senior Community Service Employment
Program, which provides part time employment opportunities in community
service activities to low-income seniors. Both of these programs are
instrumental in ensuring that older Americans enjoy their golden years
without having to constantly worry about where their next meal will
come from.
A key addition to the Older Americans Act in H.R. 782 is the National
Family Caregiver
[[Page H10606]]
Support Program. I was very pleased the Committee adopted the amendment
I offered to boost the authorizing level of this program to $125
million. This funding level is vital. About 4.4 million people in the
United States over the age of 65 require long-term care due to a
functional disability. All too often the needs of older Americans and
the family members that care for them create an undue burden on the
quality of life of the entire family. This legislation would authorize
$125 million to establish a new program that would provide grants to
states for supporting the crucial role of family members in the care of
their loved ones, by, for example, providing respite care and adult
care to complement the care provided by family.
The National Family Caregiver Support Program is just one of the many
initiatives in the Older Americans Act that promises to improve the
lives of some of our nation's neediest and most neglected citizens. I
urge my colleagues to stand with me in support of this important
legislation. We owe it to our nation's seniors.
Mr. KIND. Mr. Speaker, I am pleased to rise in support of the Older
Americans Act Amendments of 2000 (H.R. 782). It is impressive that
during the waning days of Congress, we could reach a bipartisan,
bicameral agreement on this important legislation.
Since its enactment more than thirty years ago, the Older Americans
Act has enabled millions of older persons, especially those with
disabilities, to remain independent and productive. Many of these
individuals would have been institutionalized were it not for the home
and community-based services such as meals and transportation provided
by the landmark legislation. The nutrition programs, including Meals on
Wheels, provided about 240 million congregate and home-delivered meals
last year to more than three million of our nation's senior citizens.
Older Americans have also benefited from the Senior Community Service
Employment program that provides on-the-job-training for those who
needs work.
As a member of the Committee on Education and the Workforce, I have
worked diligently with my colleagues to reach a consensus on
reauthorization, and this legislation before us addresses a number of
critical issues. One of the biggest debates during committee
consideration was funding for the Senior Community Service Employment
program. H.R. 782 ensures that no state will receive less than it
received in FY2000 and every state is guaranteed a certain percentage
of any new money that is appropriate above the FY2000 level. In
addition, no national organization, such as Green Thumb, will receive
less than what is needed to match its effort in FY2000. Further, this
legislation continues to target resources to the seniors who are most
in need and ensures that funds are more equitably distributed between
urban and rural areas.
The size of the elderly population will begin to dramatically
increase in the next decade, putting greater demands on the time and
energy of family caregivers. We need to explore ways to support our
families when they are called upon to fill these vital roles. I am
pleased that H.R. 782 includes the National Family Caregiver Support
Program. Modeled after efforts begun in Wisconsin and elsewhere, it
would provide grants to states for the following services: (1)
information to caregivers about available services; (2) assistance to
caregivers in gaining access to services; and (3) counseling and
training to help families make decisions and solve problems related to
their caregiving roles.
I know how important the Older Americans Act is to millions of
seniors, particularly those in rural regions such as western Wisconsin.
That is why I urge my colleagues to support this bipartisan legislation
and demonstrate our continued commitment to our nation's seniors.
Mr. BEREUTER. Mr. Speaker, this Member rises today in strong support
of H.R. 782, the Older Americans Act Amendments.
The Older Americans Act has provided care and services to our
nation's elderly population through many programs, including meals on
wheels, congregate meals, home care, adult day care, senior centers,
senior transportation, job training programs, a long term care
ombudsman, and abuse prevention and elder rights.
In particular, this Member feels the National Family Caregiver
Support Program is an important provision which aids families in caring
for their elderly relatives, for grandparents caring for grandchildren
and other related children. By providing care and extending the ability
of an aging family member to stay at home, family caregivers reduce
long-term costs to Medicaid. The ability to provide respite for those
who care for an ailing family member has proven to reduce stress and
burnout of these individuals who provide such an invaluable service to
their family. Services provided through respite include information and
assistance in gaining access to services, counseling, support and
caregiver training, respite care, and additional supplemental services.
Mr. Speaker, this Member would like to thank my colleague from
Nebraska, Mr. Barrett, for introducing this important piece of
legislation. It provides important services that many seniors rely on
and this Member encourages my colleagues to support it.
Mr. LoBIONDO. Mr. Speaker, I rise today to congratulate all those who
have worked so hard to make the reauthorization of the Older Americans
Act (OAA) a reality. This authorization means more than just the
mechanics of legislation. It is about senior citizens, and how their
lives have been changed for the better by the successful federal, state
and local partnerships that have prospered under the OAA.
OAA programs are critical to the long-term benefit of seniors. With
the population of senior citizens about to skyrocket with the addition
of the ``baby boom'' generation, OAA programs represent a cost-
efficient and effective means to provide a community safety net for the
elderly. The continuing popularity of Meals-on-Wheels and Green Thumb
programs in states--which have been very successful in bringing
isolated and idle elderly back into the community fold--are testimony
to the continued need for a federal, state, and local partnership
oriented to the care of senior citizens.
These are programs I have seen working at home in my Congressional
district, located in Southern New Jersey. I have delivered meals to
seniors and can tell you from personal experience that the looks on
their faces, when we come to their door with a hot meal, is by itself
reason enough to reauthorize the OAA. I have seen countless numbers of
senior citizens in my district whose lives have been enriched by Green
Thumb. In utilizing their ample skills and experience, we are giving
seniors a renewed purpose in their lives by offering them a chance to
re-join the workforce.
Mr. Speaker, the OAA is a federal program with two essential
ingredients: cost-efficiency and a record of success. In short, OAA
programs represent a safety net, and have kept seniors from sitting
idle and becoming isolated from their community.
By reauthorizing the OAA, Congress will re-affirm its commitment to
caring for our seniors and retirees. I am very pleased that this
important program will continue to enrich and improve the quality of
life of America's seniors.
Mr. GOODLING. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Hansen). The question is on the motion
offered by the gentleman from California (Mr. McKeon) that the House
suspend the rules and pass the bill, H.R. 782, as amended.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. GOODLING. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
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