[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.

                          ____________________