[Senate Report 106-399]
[From the U.S. Government Publishing Office]
Calendar No. 789
106th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 106-399
======================================================================
OLDER AMERICANS ACT AMENDMENTS OF 1999
_______
September 7, 2000.--Ordered to be printed
_______
Mr. Jeffords, from the Committee on Health, Education, Labor, and
Pensions, submitted the following
R E P O R T
[To accompany S. 1536]
The Committee on Health, Education, Labor, and Pensions, to
which was referred the bill (S. 1536) to amend the Older
Americans Act of 1965 to extend authorizations of
appropriations for programs under the Act, to modernize
programs and services for older individuals, and for other
purposes, having considered the same, reports favorably thereon
with an amendment in the nature of a substitute and recommends
that the bill (as amended) do pass.
CONTENTS
Page
I. Background and need for legislation..............................1
II. Legislative history and committee action.........................4
III. Committee views..................................................4
IV. Cost estimate...................................................16
V. Regulatory impact statement.....................................20
VI. Application of law to the legislative branch....................20
VII. Section-by-section analysis.....................................20
VIII.Changes in existing law.........................................41
I. Background and Need for Legislation
Overview
With the enactment of the Older Americans Act in 1965,
Congress created a new Federal program specifically designed to
meet the social services needs of older persons. The act is the
major vehicle for the organization and delivery of supportive
and nutrition services to older persons. It authorizes a wide
array of service programs through a nationwide network of 57
State agencies on aging and 655 area agencies on aging. It also
supports the only Federally sponsored job creation program
benefiting low-income older persons; is a source of Federal
funding for training, research, and demonstration activities in
the field of aging; authorizes a separate program for
supportive and nutrition services for older Indians and Native
Hawaiians; and authorizes a program to protect the rights of
vulnerable older persons. FY2000 appropriations are $1.5
billion.
The Administration on Aging (AOA) within the Department of
Health and Human Services (DHHS) administers all of the act's
programs except for the community service employment program,
administered by the Department of Labor (DOL), and the
commodity or cash-in-lieu of commodities portion of the
nutrition program, administered by the U.S. Department of
Agriculture (USDA).
The act was first enacted in the 89th Congress and was
signed into law on July 14, 1965. The act has been amended 13
times--in 1967, 1969, 1972, 1973, 1974, 1975, 1977, 1978, 1981,
1984, 1986, 1987, and most recently in 1992. The original
legislation established AOA within DHHS (then the Department of
Health, Education, and Welfare) and created a State grant
program for community planning and services programs, as well
as authority for research, demonstration, and training
programs.
The 1972 amendments created the national nutrition program,
authorizing funds for the development of congregate meals
projects. In addition to providing meals, Congress envisioned
the program to serve as an important vehicle for fostering
social interaction among participants and to facilitate the
delivery of social services to them.
The 1973 reauthorization brought major changes to the act
through the introduction of a nationwide network of area
agencies on aging. Area agencies are given the responsibility
for planning and coordination of, and advocacy for, programs
for older persons within planning and services areas designated
by State agencies on aging. In addition, the 1973 amendments
authorized the community service employment program. Congress
intended the program to be a source of income and subsidized
employment for low-income persons aged 55 and over who work in
community service activities.
The next major amendments occurred in 1978. Congress added
a separate authorization for home-delivered nutrition services,
which, until that time, were provided at the option of States.
The 1978 law established requirements for a statewide nursing
home ombudsman program to be responsible for the investigation
and resolution of complaints of nursing home residents. In
addition, the law included requirements that States give
preference to providing services to older persons who have the
greatest social or economic need for services, and added a new
title which specifically authorized grants for supportive and
nutrition services to Indian tribal organizations.
Amendments in 1984 emphasized that State and area agencies
were to give particular attention to the needs of low-income
and minority older persons, among other amendments. Amendments
in 1987 added separate authorizations of appropriations for
several new programs, including disease prevention and health
promotion services, in-home services for the frail elderly,
prevention of elder abuse, neglect, and exploitation, and the
long-term care ombudsman program. In the most recent amendments
in 1992, Congress restructured the act to create a new title
designed to consolidate and expand programs that focus on
protection of the rights of vulnerable older persons.
Summary of Older Americans Act titles
Title I, declaration of objectives, sets out broad social
policy objectives designed to improve the lives of all older
Americans, including those related to income, health, housing,
long-term care, employment, retirement, and community services.
Title II, Administration on Aging, establishes the AOA as
the chief Federal agency advocate for older persons.
Title III, grants for State and community programs on
aging, authorizes grants to State and area agencies on aging to
act as advocates for services for older persons and to
coordinate programs on their behalf. Funds are distributed to
State agencies on aging based on a formula that takes into
account a State's relative population aged 60 or over as
compared to all States. State agencies in turn award funds to
area agencies on aging which are responsible for administration
of title III funds in their respective planning and service
areas.
Funds are authorized for a wide range of supportive
services with priority on access services (such as outreach and
transportation), in-home services, and legal assistance. In
addition, the act authorizes separate appropriations for
congregate and home-delivered nutrition services, supplemental
assistance for nutrition services through the USDA, and for
disease prevention and health promotion activities.
Title III requires that services be available to all older
persons, but be targeted on those persons in greatest social
and economic need, with particular attention to low-income
minority older persons. Means tests are prohibited, but the law
requires that older persons be given anopportunity to make
voluntary contributions toward the costs of services.
Title IV, training, research, and discretionary projects
and programs, authorizes the Assistant Secretary for Aging to
award funds for training, research, and demonstration projects
in the field of aging. Funds are to be used to expand knowledge
about aging and the aging process and to test innovative ideas
about services and programs for older persons. In recent years,
title IV has supported a wide range of projects, including
community-based long-term care, Alzheimer's disease support
services, career preparation and continuing education in the
field of aging, and legal assistance, elder abuse prevention,
and long-term care ombudsman support projects.
Title V, community service employment for older Americans,
authorizes funds to subsidize part-time community service jobs
for unemployed, low-income persons 55 years old and over who
have poor employment prospects. Enrollees are paid the higher
of the Federal or State minimum wage or the local prevailing
rate of pay for similar employment, and work in a wide variety
of community service activities, including education, health
care, senior centers, and nutrition services for older persons.
Funds to operate the program are allocated to 10 national
organizations and to State agencies.
Title VI, grants to Native Americans, authorizes funds for
social and nutrition services to older Indians and Native
Hawaiians. Funds are awarded directly to tribal organizations
by the Assistant Secretary for Aging.
Title VII, vulnerable elder rights protection activities,
authorizes funds for activities that protect the rights of the
vulnerable elderly. Programs authorized are: the long-term care
ombudsman program; programs to prevent elder abuse, neglect,
and exploitation; elder rights and legal assistance; and
outreach, counseling, and assistance programs on insurance and
public benefits. Title VII also authorizes an elder rights
program for Native American elderly. Funds are distributed to
State agencies on aging based on a formula which takes into
account State population aged 60 or over. Of these programs,
only the long-term care ombudsman and programs to prevent elder
abuse, neglect, and exploitation received funds for FY2000.
Authorizations of appropriations for programs under the
Older Americans Act expired at the end of FY1995. However,
programs have continued to be funded through appropriations
legislation for the Departments of Labor, Health and Human
Services, Education and related agencies, and the Department of
Agriculture for FY1996-FY2000.
II. Legislative History and Committee Action
Beginning on March 3, 1999, the Subcommittee on Aging held
a series of 6 hearings and received testimony from over 30
witnesses on topics related to reauthorization of the Older
Americans Act (OAA). The first hearing presented subcommittee
members with an overview of the various OAA programs.
Subsequent subcommittee hearings covered related aging issues,
including: Elder Abuse, March 23; Supportive Services, April
30; State and Local Views, May 17; Longevity in the Workplace,
May 27; and Long-Term Family Caregiver Programs, June 22.
Senate bill 1536 was introduced on August 5, 1999, by the
aging subcommittee chairman, Senator DeWine. The bill was
referred to the Committee on Health, Education, Labor, and
Pensions. Senate bill 1536 was considered in an executive
session of the committee held Friday, July 21, 2000. Senators
Jeffords, DeWine, Kennedy, and Mikulski offered an amendment in
the nature of a substitute which was considered, amended to
include funding provisions and technical corrections, and
unanimously adopted by voice vote and favorably reported to the
full Senate.
III. Committee Views
Through the Older Americans Act Amendments of 2000, the
committee intends to strengthen and modernize the Older
Americans Act to prepare for a new generation of older
individuals and foster and support the independence and dignity
of today's older adults. In 1999, 1 in 8 Americans was age 65
or older, but in 2030 approximately 1 in 5 Americans will be 65
or older. In order to meet the needs of both the World War II
veterans and the baby boom generation, aging services need
increased strength and focus. It is important to build on those
programs and approaches that have proven useful in the act's
35-year history, to revise those in need of modernization, and
to foster collaborative innovation within experienced programs
and their providers. The committee reaffirms its commitment to
OAA programs and strongly encourages the Appropriations
Committee to move toward the authorized funding levels in this
bill as expeditiously as possible.
title ii--administration
The committee establishes a pension counseling and
information program to be administered by the Assistant
Secretary, including the establishment of a national hotline to
provide information regarding pension and other retirement
benefits and rights related to these benefits. The committee
understands the importance of these services and recognizes the
benefits of the pension counseling programs. These programs
foster and support the efforts of older adults to achieve and
maintain economic security so that Social Security is not their
sole source of income in retirement years.
The committee acknowledges the instrumental role that the
earlier White House conferences on aging played in developing
aging policy by reauthorizing the conference and, therefore, we
require the President to convene a White House conference on
aging by December 31, 2005. The committee is concerned that the
last White House conference on aging's work product was not as
helpful to the administration or Congress as earlier
conferences in identifying or addressing the needs of older
individuals. Consequently, the bill limits the reauthorized
conference to developing 50 recommendations on (1) how
objectives of the Older Americans Actcan be met by using the
resources and talents of older individuals and of individuals from the
public and private sectors; and (2) evaluating how national policies
are prepared to respond to the needs of the baby boom generation. The
committee views these focused topics to be vitally important for
thorough exploration and expects the resulting work product to be
highly useful to the administration and Congress. The committee
recognizes the breadth of interest and talents available for planning a
White House conference on aging and urges the Secretary to involve
Native Americans, the Director of the National Senior Service Corps,
and other interested groups in planning for the conference. The
committee urges the Assistant Secretary to provide advice to States in
selecting delegates and preparing them for the conference.
title iii--grants for state and community programs on aging
The committee acknowledges the critical need to update the
title III interstate funding formula to reflect recent
population data to insure that funds are available to the
neediest elders. The interstate funding will first be
distributed based on each State's proportionate share of the
population aged 60 and over. However, no State will receive
less than its FY2000 funding amount plus a minimum increase
equal to no less than 20 percent of the percentage increase in
appropriations. If appropriations decline in a future year,
allotments for all States are to be reduced proportionately.
It is the committee's intent for a State to expend in
subsequent years, at the minimum, the amount spent by the State
on its Long-Term Care Ombudsman Program in FY2000, in addition
to any increase in funding provided for ombudsman activities in
each fiscal year under title VII.
The committee urges State agencies on aging to coordinate
and enhance services for older individuals with disabilities
and severe disabilities, including older blind individuals,
with other agencies providing such services. The committee
understands that 1 out of every 6 people over the age of 55 and
1 out of every 3 people over the age of 85 is classified as
legally blind. In addition, more than 50 percent of new cases
of blindness occur in individuals over age 65. The committee
recognizes that coordination of services for older individuals
with disabilities is important to helping older individuals
with disabilities remain as active and independent as possible,
and the Older Americans Act can play an important role in
achieving this goal.
The committee has modified the nutrition program for the
elderly administered by the U.S. Department of Agriculture. The
current formula allocates funds among States on the basis of an
estimate of the number of meals to be served in the current
year. The allocation is made through a per meal reimbursement
calculated from the estimate. Often the number of meals served
greatly exceeds the estimate, and as a result, the Department
of Agriculture is required to reduce the amount of the per meal
reimbursement very late in the program year. This readjustment
is disruptive to State and local providers and administrators.
Under the new provisions included in the bill, each State will
receive, for each fiscal year, a cash grant for use in its
nutrition programs that bears the same ratio to appropriations
as title III meals served in the State in the preceding year
bore to the total number of title III meals served in all
States. Since this will be based on the actual number of meals
served in the previous year, it will eliminate the estimated
numbers, and State and local programs will no longer be
subjected to readjustments in their funding.
In evaluating the need for supportive service in section
307(a) including the use of volunteers, it is the intent of the
committee that special attention be paid to those older
individuals with the greatest social and economic needs. Unless
special attention is paid, their need for use of alternative
resources for supportive services, transportation, and
nutrition can be overlooked or may not be accurately assessed.
The standardized process to be developed should reach out to
these special populations to assess their needs and services
that are actually being delivered now.
The Department of Health and Human Services Office of the
Inspector General reported in 1996 that 36 States have
implemented cost sharing for services funded at the State or
local level. States report that with cost sharing for State and
local services, they have expanded both the amount of services
and the numbers of people receiving services. The committee
understands the need of State and local programs to increase
flexibility and for coordination between Older Americans Act
programs and programs funded at the State and local levels. In
order to expand vital services and to facilitate flexibility,
the bill includes a provision to permit States to implement
cost sharing for all services provided under the Older
Americans Act except for the following services: (1)
information and assistance, outreach, benefits counseling, or
case management services; (2) ombudsman, elder abuse
prevention, legal assistance, or other consumer protection
services; (3) congregate and home-delivered meals; and (4) any
services delivered through tribal organizations.
The committee acknowledges that significant concerns have
been raised regarding the inclusion of cost sharing for Older
Americans Act services. However, the committee believes that
substantial safeguards have been included in order to protect
older individuals. Older individuals with income at or below
the Federal poverty line are exempted from cost sharing, and
States may set the threshold income level above the Federal
poverty line. States may not consider any asset or property
other than the income when defining who is exempt from cost
sharing, when creating the sliding scale to implement cost
sharing or when seeking contributions. Moreover, a State that
implements cost sharing shall require each area agency on aging
to ensure that the area agency and each involved service
provider will (1) protect the privacy of older individuals, (2)
establish procedures for accounting for payments, (3) use the
payment received to expand the service for which the payment
was received, (4) consider only income and no other assets,
savings, or property in determining whether the older
individual is above the Federal poverty line or other level set
by the State for cost sharing, (5) not deny services if the
older individual either falls below the Federal poverty line or
other level set by the State for cost sharing, or if the older
individual fails to make the cost sharing payment, (6)
determine eligibility for cost sharing only by a declaration of
the individual's income (that may be made by a family member,
guardian, or other representative, if the individual is unable
to complete that declaration) without any separate verification
of that declared income, and (7) widely distributeto older
individuals State-created written materials that clearly describe how
cost sharing is implemented, who is exempt from cost sharing, and other
criteria. This material must explain that older individuals will not be
denied services under this act because of income or the failure of the
older individual to make the cost sharing payment. The materials shall
be produced in languages that reflect the reading abilities of the
older individuals in the planning and service area.
The committee is aware that implementing cost sharing may
not be practical for every area agency in a State that chooses
to implement cost sharing. Some have expressed concern that
cost sharing might encourage some service providers to reach
out to recipients better prepared to share costs, thus
undermining efforts to reach low-income elders. For that
reason, the bill includes a waiver provision to permit an area
agency on aging to request a waiver from implementing cost
sharing where a significant proportion of the older individuals
within the planning and service area have incomes below the
level at which cost sharing is to be implemented, or where
implementing cost sharing would impose an unreasonable cost or
administrative burden to the area agency on aging. The
committee believes that the latter waiver criterion is
applicable to area agencies on aging serving very small numbers
of older adults. It is a State that determines whether an area
agency's request meets the requirements.
The committee is aware of the importance that voluntary
participant contributions have played and continue to play in
providing additional resources for senior meal programs and
other Older Americans Act services resulting in program
expansion. For this reason, the committee has included language
in the bill that explicitly allows both the acceptance and
solicitation of voluntary contributions, so long as the
solicitation methods are noncoercive. This provision of the
bill is intended to furnish flexibility to local meal programs
and other service providers in developing and implementing
voluntary financial contribution methods that are appropriate
to the particular programs and populations served.
It is the committee's intent to allow senior meal programs,
at their option, to provide clients written information about
voluntary contributions. The committee recognizes noncoercive
methods to include, but not be limited to, the provision of
written information to clients. This information may be in the
form of individualized client benefit summaries or reminders,
which may include the number of meals or services received
within a specific time period, the actual cost of providing
those meals, and a suggested contribution for those services.
All solicitation materials should make clear that contributions
are entirely voluntary, that there is no obligation to
contribute, and that services will not be denied or curtailed
if contributions are not made. Whether a participant chooses to
make a voluntary contribution and the amount of any such
contribution shall be kept confidential.
The committee expects that States, area agencies on aging,
service providers, and older adults will collaboratively
examine the best methods of offering the opportunity to
voluntarily donate or contribute to services. Those methods
need to take into account methods currently being used for
Federal, State, or locally funded services; how cost sharing is
being implemented; and how older individuals using multiple
services by one or more providers might be approached. Also,
each Older Americans Act funded service should be analyzed
individually. For example, an approach appropriate for a
congregate meal site or transportation service may not be
appropriate for a telephone reassurance or long-term care
ombudsman program. States, area agencies on aging, and service
providers may determine that voluntary contributions for some
services or situations, such as elder abuse, neglect, or
exploitation, are not appropriate and will not be solicited.
The committee is particularly aware of concerns that the
number of low-income and/or minority older individuals
receiving services under the act may decline with the
implementation of cost sharing. To ensure that does not happen,
before cost sharing is implemented, each State and area agency
on aging must develop plans designed to make sure that
participation in cost shared services does not decrease. These
plans should specify that: efforts will be made to ensure that
the written materials explaining cost sharing are known and
understood by all providers and their staff and volunteers;
States, area agencies, and providers that have not had cost
sharing programs have sufficient time to consult with those
that have prior to implementation; sufficient and effective
data collection systems have been developed to monitor the
effects of cost sharing on low-income and/or minority older
individuals and services; and necessary and appropriate time
frames for analysis of the collected data and correction plans
are designed and implemented. States and area agencies on aging
shall, in conducting public hearings on State and area plans,
solicit the views of older individuals, service providers, and
other stakeholders, on implementation of cost sharing within
the State or service area. The Assistant Secretary also shall
take corrective action in accordance with section 315(d), if
the Assistant Secretary finds that there is a disparate impact
on low-income minority older individuals in any State or region
within the State regarding the provision of services.
In section 316, the committee intends to give the Secretary
discretion to allow States new flexibility to implement and
evaluate innovations and improvements in programming and
service delivery systems. For example, a State may want to
contract directly with one or more senior centers to develop a
new method of preparing adults aged 60 to 65 for retirement or
to attract new participants to receive services or to volunteer
to serve others. The committee supports such efforts including
a collaborative planning process with a wide range of
stakeholders, no diminishment of current services, a time
limited demonstration, and a thoughtful evaluation before and
after the effort.
National Family Caregiver Support Program
According to the 1994 National Long-Term Care Survey, there
are more than 7 million informal caregivers, i.e., spouses,
adult children, other relatives, and friends. These caregivers
are the sole source of assistance for almost two-thirds of
older persons with disabling and chronic conditions. It is
estimated that the services provided by these unpaid
caregivers, if replaced with paid staff, would cost at least
$45 billion to $95 billion per year. The committee notes that
the authorization of $125 million for this program, though
significant for a new initiative, representsa level of funding
that would have a meaningful impact on the lives of thousands of
American families. Therefore, the committee strongly urges the
appropriations committee to fully fund this critically important
initiative.
Research has established that caregiving can be
financially, physically, and emotionally burdensome to the
caregiver. Caregivers often face conflicts between their work
schedules and their caregiving responsibilities, as well as
suffer from physical and mental ailments brought on by the
stress of caregiving.
The National Family Caregiver Support Program provides
much-needed assistance to caregivers in the form of grants to
States for support services such as information and assistance,
counseling and support groups, respite care, and supplemental
services. The funds are distributed to States based on the
State's relative number of elderly in need (taking into account
age, poverty, and minority status) and the State's relative
capacity to meet those needs. Therefore, States with weak tax
bases receive relatively more, because they are less able to
fund the needs of their elderly population from State
resources.
The services of the National Family Caregiver Support
Program are also extended to older individuals caring for
relative children, as well as older individuals caring for
their adult children with mental retardation and related
developmental disabilities. According to the U.S. Census
Bureau, in 1997, 3.9 million children, 6 percent of U.S.
children under the age of 18, were living in homes maintained
by their grandparents, an increase of 76 percent from 2.2
million in 1970. Nineteen percent of these grandparents are 65
years old and older. Nearly half a million individuals with
mental retardation and related developmental disabilities who
are living at home receive care from caregivers who are 60
years old or older. A State is limited to using 10 percent of
its total Federal and non-Federal share on support services for
grandparents and older individuals who are relative caregivers.
The committee clarifies that funding for the National
Family Caregiver Support Program is to be allocated within a
State in the same manner as funding for other title III
programs--supportive services, congregate and home-delivered
meals, and health promotion. Also, the committee expects that
the innovation grant programs, funds set aside under the
National Family Caregiver Support Program, will be used by AOA
to develop and test new approaches for providing direct
services to caregivers in local communities as outlined in the
bill.
The committee believes that the Bureau of the Census should
work collaboratively with AOA to ensure that AOA has the data
necessary to allot Federal funds under section 303 (amending
section 304 of the act) and section 373. These data should be
provided such that AOA's ability to provide needed services is
not diminished.
Title IV--Training, Research, and Discretionary Projects and Programs
The committee has consolidated current law provisions
authorizing training, research, and discretionary projects
under title IV. Several new discretionary projects have been
added, and a number of authorized projects that did not receive
funding have been eliminated. New projects added include: (1)
older women's protection from violence projects; (2) health
care services demonstration projects in rural areas; (3)
computer training; and (4) technical assistance to improve
transportation for seniors.
Title V--Strengthening and Modernizing the Senior Employment Program
The Senior Community Service Employment Program authorized
by title V of the Older Americans Act is the Nation's only
employment and training program aimed exclusively at low-income
older persons--and it will play an increasingly important role
as the baby boom generation ages. There will be 1.4 million
more low-income persons over the age of 55 in the year 2005
than there were a decade earlier. Many of them will want to
continue working.
The title V program serves over 90,000 low-income elderly
persons every year. Eighty percent of these participants are
age 60 or over, and 16 percent are above 75 years of age.
Employment obtained through this program provides these workers
with needed economic support. But it does much more than that.
It keeps 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, and it enhances their sense of dignity and self-esteem.
In this legislation, we have significantly strengthened the
Senior Community Service Employment Program and enhanced its
ability to meet the employment needs of aging Americans.
Statement of purpose
Through its revisions of title V of the Older Americans
Act, the committee intends that the Department of Labor make
the first significant changes to the Senior Community Service
Employment Program (SCSEP) since its creation. The committee
acknowledges that the SCSEP has been largely successful in
providing subsidized employment opportunities for program
enrollees, as well as valued services to communities across the
country. However, the committee believes more can be done to
strengthen and modernize the program, enhance its ability to
meet the changing needs of the elder work force, and thereby
increase the numbers of individuals served by the program with
a broader array of employment services and opportunities. The
revised purpose statement of title V reflects the committee's
intent to maintain the community service nature of the program
and to place a greater emphasis on the economic self-
sufficiency of eligible persons and its desire to increase the
numbers of persons who may benefit from placement in
unsubsidized employment positions in both the public and the
private sectors.
Coordination with the Workforce Investment Act
The Workforce Investment Act of 1998 (WIA) is the first
major reform of the Nations's job training programs in 15
years, and the ``one-stop'' service delivery system is the
foundation of the new legislation. The one-stop system
facilitates the coordination of programs and activitiesso that
the customer has access to a seamless system of work force investment
services. Such services typically encompass outreach, common intake,
counseling, case management, job development and referral, and
training. WIA also establishes the SCSEP as a partner in the one-stop
delivery system so that the many work force investment programs can
offer information and access to program services at customer-friendly
employment centers. The complementary language in S. 1536 reinforces
the connection between WIA and SCSEP which will aid in coordinating WIA
with the SCSEP in key areas, and will allow older individuals easier
access to appropriate service provided under both programs. This
partnership gives low-income, older job seekers access to immediate
information and, if determined eligible, enrollment into appropriate
services, such as training that will qualify them for job openings in
the public or the private sectors.
Strengthening program administration
During the aging subcommittee hearing held May 27, 1999, on
Longevity in the Workplace, SCSEP stakeholders raised concerns
about the program's operations which convinced the committee
that the administration of SCSEP could be strengthened. Several
issues were raised regarding performance measures and program
accountability, the lack of responsiveness of the program to
the shifting population patterns, and the changing employment
needs of older Americans. To that end, S. 1536 significantly
strengthens program accountability and monitoring and
establishes a system of performance-based evaluation for all
program grantees.
New provisions have been added to the act requiring the
Secretary of Labor to determine the initial eligibility of
grantees based upon their demonstrated responsibility to
administer Federal funds. In making an eligibility
determination, the Secretary is authorized to consider any
information, including the organization's history in the
management of other grants. Senate bill 1536 stipulates that a
grant applicant may not be selected as a grantee under the
title V program, if the grantee is found to be not responsible.
The committee strongly believes that the Secretary should
ensure that all grantees are evaluated and meet the
responsibility tests of the program. The committee believes
such attentive grants management protocols by the Department
will insure the continued success of the title V program. This
renewed, more focused grants management program should
incorporate the committee's goals of increased economic
security for enrollees while expanding their employment options
and their numbers.
The committee believes that more clarity can be brought to
the use of Federal funds in administering the SCSEP and has
established two cost categories, administrative costs and
programmatic costs, in lieu of the three categories currently
used by the program. Senate bill 1536 maintains the current law
requirement that only 13.5 percent of Federal funds may be used
for administrative costs (with a waiver to 15 percent only
under certain circumstances and with the Secretary's approval).
The bill also provides that grantees must pass along to
entities operating the funded project (including State or local
offices, subgrantees, subcontractors, or other affiliates of
the organization or agency) a sufficient portion of the
administrative cost allocation to cover the administrative
activities under the grant that are carried out by these
entities. For example, if the local affiliate of a Department
of Labor grantee is performing 70 percent of the local
administrative functions, then the Department of Labor grantee
should be passing on 70 percent of the grant's administrative
funding to the local affiliate.
The bill further requires that at least 75 percent of
Federal funding be spent on the wages and fringe benefits of
enrollees. Based on records maintained by the Department of
Labor, the committee believes that dedicating a higher level of
Federal funds to the wages and fringe benefits of enrollees is
attainable. The committee urges that the Department seek a
higher level of commitment to enrollee wages and fringe
benefits as a goal for all the program's grantees. The
committee remains concerned about the cost allocations for the
SCSEP. The committee expects the Department of Labor to examine
and pursue program objectives to assure that program enrollees
will receive maximum wages and fringe benefits while providing
for the highest level of training and services for older
Americans seeking employment opportunities.
Senate bill 1536 requires the Secretary to promulgate
regulations establishing grantee performance indicators and to
publish performance levels that will promote continuous
improvement, and through which the program accomplishments of
all title V grantees must be assessed on an annual basis. Under
S. 1536, these performance measures must include the following
indicators: the placement and retention of enrollees in
unsubsidized employment; the number of persons served
(especially those with the greatest economic or social need,
the poorest employment history or prospects, and those over age
60); the community services provided; the satisfaction of
enrollees, employers, and their host agencies with the
experiences and services provided; and any additional
indicators determined appropriate by the Secretary. The
Secretary is required to set the level of performance that must
be met by each grantee for each performance measure. Therefore,
during the first year that performance measures are
established, the Secretary will be promulgating a set of
performance measures (consisting of a level of performance for
each indicator) for each grantee operating a project under the
title. For placement of enrollees into unsubsidized public or
private employment, the Secretary shall establish a performance
level of not less than 20 percent, but this level (as with all
other performance levels) may be adjusted to reflect high
unemployment or rates of poverty, significant downturns in the
economy, or the enrollment of a significant number or
proportion of individuals with one or more barriers to
employment relative to grantees serving other areas of the
State or Nation.
Upon establishing the performance measures, the bill
authorizes the Secretary to award grants for a 3-year period,
thereby allowing a greater departmental focus on ensuring
performance improvement by grantees.
In addition, the bill establishes a system of monitoring,
oversight, and accountability for grantees. State agency
grantees' performance will be evaluated in their respective
States, while public and private nonprofit agencies and
organizations will be evaluated on the basis of their national
performance (an aggregate evaluation) and in each State in
which they operate a project. A grantee that persistently fails
to achieve the established State- and national-level
performancemeasures, and for which there are not significant
mitigating factors contributing to the grantee's poor performance, will
be subject to the reallocation or recompetition of its job slots to new
or existing grant applicants.
The committee expects the Secretary, in providing technical
assistance or conducting any competition for program funds as a
result of inadequate performance, to focus on those local
projects or geographic areas of a grantee's entire grant that
are not meeting performance measures. It is not the committee's
intent to disrupt sections or parts of a grantee's overall
program or operation that is serving enrollees and communities
well.
Improving the allocation of program resources
Testimony provided to the aging subcommittee, and
subsequent, extensive meetings with title V stakeholders,
revealed that disagreements exist regarding the allocation of
senior employment positions between States, within States, and
between program grantees. The committee is convinced that more
could be done to seek greater equity in the allocation of
enrollee positions and to ensure greater participation in
resource allocation decisions.
First, the committee believes that there is a need for
greater public input into the planning and implementation
process for senior employment services, including the
participation of Governors, State agencies, and area agencies
on aging and other stakeholders in the aging network in concert
with nonprofit grantees and the Department of Labor. The
committee expects the listed stakeholders to work
collaboratively to strengthen and maintain the SCSEP program's
goals of subsidized employment, providing community services
and assisting older workers to gain the unsubsidized employment
opportunities they desire.
As such, S. 1536 establishes a new, participatory planning
process in order to develop State Senior Employment Services
Coordination Plans. Under S. 1536, each State, working in
concert with aging network stakeholders, is required to
identify the number and distribution of eligible persons in the
State (including those with greatest economic and social need
and minorities), their employment situations and skills, and
the localities and populations where title V projects are most
needed. States are required, to the extent feasible, to
distribute resources equitably, taking into account the State
priorities highlighted in a State Senior Employment Services
Coordination Plan.
Second, it is the committee's intention to focus the
program's Federal funds on those older individuals most in
need. Therefore, the interstate formula is first to be
distributed based on each State's proportionate share of the
population aged 55 and over (based on the most recent
population figures available to the Secretary) who are low
income. However, no State will receive less than the funding
which is sufficient to maintain the level of activities funded
in the State in FY2000. Also, each State will receive a minimum
increase equal to no less than 30 percent of the percentage
increase in appropriations for SCSEP programs. If
appropriations are insufficient to meet these requirements, the
bill provides for a proportionate reduction of allotments to
the States.
Finally, the committee intends that allocating increases in
future funding should strike a better balance between State
agency grantees and nonprofit agency grantees. For several
years, the SCSEP has been a shared, though unbalanced, effort
between States and a sole group of 10 national nonprofit
organizations. The historic location of job programs
administered by nonprofit organizations, coupled with
subsequent funding allocations, has resulted in a situation
wherein all but 3 State governments have control over the
geographic placement of only 22 percent of employment positions
within their borders.
The committee recognizes the complexity of establishing and
successfully operating senior employment programs and
acknowledges the difficulty of transferring existing job slots
to new locations within States. Moreover, the committee
applauds the success that many of the nonprofit organizations
have achieved. However, Governors and the State units on aging
argued persuasively that control over the location of SCSEP
positions within State borders must be shared. The committee
therefore believes that a better balance will be achieved
between State agency grantees and nonprofit grantees through a
revised formula for new funding beyond that which is needed to
maintain the current level of activities among the existing
grantees. Senate bill 1536 specifies that the first $35 million
in funding made available through the appropriations process--
that is, above that which is necessary to maintain the current
level of activities among nonprofit and State agency grantees--
should be allocated such that 75 percent of the funding is
reserved for State agency grantees, and the remaining 25
percent is allotted to nonprofit organization grantees.
Appropriations made available that are not needed to
maintain the current level of activities and are in excess of
an initial $35 million dollar program increase are to be
allotted on an equal basis, with 50 percent reserved to State
agency grantees and 50 percent reserved to private or public
nonprofit agencies and organizations. Of the amount to be
allocated above what is needed to maintain the current level of
activities, the Secretary is directed to allot funds to each
State on the basis of its relative population aged 55 and over,
and by the State's relative per capita income, thus ensuring
that each State will receive some portion of new resources in
the event that overall program funding levels exceed the amount
necessary to maintain the FY2000 level of activities.
The committee recognizes that S. 1536 makes significant
changes in the management and operation of this grant program.
The committee urges that the administration and Congress assure
adequate resources to the Department of Labor to carry out its
new obligations and duties.
Title VI--Amendments to Title VI of the Older Americans Act of 1965
The committee is aware of the lack of long-term care
available in Indian communities and that, as a consequence,
most long-term care is provided by family members. The
committee has created a Native American Caregiver Support
Program to be administered by tribal organizations.
The committee has established a ``Native American Caregiver
Support Program'' as a new part C of title VI, similar to the
``National Family Caregiver Support Program'' in title III. The
bill makes clear that part C is a program of grants from the
Assistant Secretary to tribal organizations and that the
responsibilities of States and area agencies on aging under
section 373 (c), (d), and (e) and section 374 of the
committee's bill are the responsibilities of tribes under title
VI provisions. Thus, for example, it is the committee's intent
that the requirement in section 373 (e)(1) that, ``The State
shall establish standards and mechanisms designed to assure the
quality of services provided with assistance made available
under this subpart,'' shall be the responsibility of the tribal
organization. In recognition of the sovereignty of Indian
tribes and the Federal-tribe relationship, tribes shall have
the same authority and responsibilities under the title VI
provisions as do the State and the area agencies on aging under
title III in the caregiver support program.
Title VII--Amendments to Title VII of the Older Americans Act of 1965
The committee is aware of growing attention to the
financial exploitation of older individuals and clarifies that
in requiring the State agency to develop programs to prevent
elder abuse, neglect, and exploitation, exploitation includes
the financial exploitation of older individuals. The committee
further recognizes the need for additional research into the
extent and scope of financial exploitation and authorizes the
Secretary of HHS to conduct a study of the nature and extent of
financial exploitation of older individuals. The Secretary, in
carrying out this study, should consult with senior citizen
advocacy groups, privacy experts, law centers specializing in
elder law, providers of adult protective services, and other
experts involved in elder abuse and consumer fraud issues. The
committee is also concerned about financial privacy for seniors
and suggests that the report, when making recommendations,
discuss the balance between an older individual's financial
privacy with the need to protect the older individual from
financial exploitation.
The committee intends that States and their legal
assistance developers should continue to develop the quality
and quantity of legal assistance available to older
individuals. Particular focus should continue on issues of
elder abuse, neglect, and exploitation; the rights of older
adults living in institutions; those who have cognitive
impairments and are therefore at risk of institutionalization
or guardianship; access to Social Security, Medicare, and
Medicaid; and prevention and remediation of scams and schemes
targeted to the elderly.
The committee's intent is to strengthen the current
provisions that ombudsman entities and their individual
representatives are to be free of conflict of interest by
clarifying that ombudsman entities and their representatives
not stand to gain financially from their service as ombudsmen.
The committee's intent is to prohibit both paid and volunteer
ombudsmen from representing or assisting a resident in any
capacity other than as an ombudsman, particularly in any other
capacity such as doctor, nurse, lawyer, pharmacist, et cetera,
that would result in a financial payment to the ombudsman. This
provision is not intended to conflict with provisions related
to voluntary contributions to an ombudsman program for its
services.
IV. Cost Estimate
U.S. Congress,
Congressional Budget Office,
Washington, DC, August 25, 2000.
Hon. James M. Jeffords,
Chairman, Committee on Health, Education, Labor, and Pensions, U.S.
Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 1536, the Older
Americans Act Amendments of 2000.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Christina
Hawley Sadoti.
Sincerely,
Steven Lieberman
(For Dan L. Crippen, Director).
Enclosure.
S. 1536--Older Americans Act Amendments of 2000
Summary: S. 1536 would authorize spending for fiscal years
2001 through 2005 on programs designed to help older Americans,
including the funding of senior centers, supportive services,
nutrition services, community service employment, and research
on aging. Assuming appropriation of the authorized amounts,
including adjustments for inflation after 2001, CBO estimates
that implementing S. 1536 would cost $12 billion over the 2001-
2005 period. If funding is maintained throughout the period at
$2.5 billion, as authorized for 2001, outlays would total $11.6
billion over the five years. Similar existing programs received
appropriations of $1.5 billion in fiscal year 2000. Because S.
1536 would not affect direct spending or receipts, pay-as-you-
go procedures would not apply to the bill.
S. 1536 contains an intergovernmental mandate as defined in
the Unfunded Mandates Reform Act (UMRA). CBO estimates,
however, that enacting this mandate would result in no net
costs for state, local, or tribal governments, because the bill
would authorize appropriations to pay for the mandate.
Consequently, the threshold established in UMRA ($55 million in
2000, adjusted annually for inflation) would not be exceeded.
Other provisions of the bill would benefit state, local, and
tribal governments, and any related costs would be incurred
voluntarily. S. 1536 contains no private-sector mandates as
defined in UMRA.
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 1536 is shown in Table 1. The costs of
this legislation fall within budget function 500 (education,
training, employment, and social services).
TABLE 1.--ESTIMATED BUDGETARY EFFECTS OF S. 1536
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------------
2000 2001 2002 2003 2004 2005
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
With Adjustments for Inflation
Spending Under Current Law:
Budget Authority \1\.................................. 1,514 0 0 0 0 0
Estimated Outlays..................................... 1,481 591 57 0 0 0
Proposed Changes:
Estimated Authorization Level......................... 0 2,539 2,592 2,645 2,702 2,752
Estimated Outlays..................................... 0 1,590 2,464 2,620 2,676 2,729
Spending Under S. 1536:
Estimated Authorization Level \1\..................... 1,514 2,539 2,592 2,645 2,702 2,752
Estimated Outlays..................................... 1,481 2,181 2,521 2,620 2,676 2,729
Without Adjustments for Inflation
Spending Under Current Law:
Budget Authority \1\.................................. 1,514 0 0 0 0 0
Estimated Outlays..................................... 1,481 591 57 0 0 0
Proposed Changes:
Estimated Authorization Level......................... 0 2,539 2,539 2,539 2,540 2,542
Estimated Outlays..................................... 0 1,590 2,434 2,539 2,540 2,542
Spending Under S. 1536:
Estimated Authorization Level \1\..................... 1,514 2,539 2,539 2,539 2,540 2,542
Estimated Outlays..................................... 1,481 2,181 2,491 2,539 2,540 2,542
----------------------------------------------------------------------------------------------------------------
\1\ The 2000 level is the amount appropriated for that year for programs authorized under the Older American Act
of 1965.Q02
Note.--Components may not sum to totals because of rounding.
Basis of Estimate: S. 1536 would amend the Older Americans
Act of 1965 by substituting new authorizations for programs
that are broadly similar to those previously authorized. It
would authorize appropriations of $2.5 billion for fiscal year
2001 and such sums as may be necessary for subsequent fiscal
years for those programs. Except for the pension counseling
program, the bill would authorize specific amounts for each
program. Assuming that funding for 2002 through 2005 would be
the authorized 2001 levels adjusted for inflation,
appropriations would reach $2.8 billion by 2005 and would total
$13.2 billion over the 2001-2005 period. If adjustments for
inflation are not made, appropriations would total $12.7
billion over the same five-year period. The estimated outlays
assume the funds would be spent at rates comparable to the
historical patterns of the existing programs. The amounts
authorized for these programs, assuming inflation adjustments
after 2001, are shown in Table 2.
The bill would authorize specific amounts for fiscal year
2001 and such sums as may be necessary for the following fiscal
years through 2005 for these programs:
Administrative expenses for the
Administration on Aging, within the Department of
Health and Human Services: $29 million;
Grants for research and demonstration
projects: $72 million;
Eldercare locator services: $1 million;
Grants to states for supportive services
(such as transportation and counseling) and
multipurpose senior centers: $507 million;
Nutrition services (including congregate and
home-delivered meals): $705 million;
A ``Nutrition Services Incentive Program,''
administered by the Department of Agriculture: $460
million;
Grants for disease prevention and health
promotion: $25 million;
A family caregiver program designed to
provide information and support to individuals who care
for elderly family members: $125 million;
State programs to provide ombudsmen for
long-term care: $40 million;
Grants aimed at the prevention of elder
abuse, neglect, and exploitation: $15 million;
Legal Assistance Development Program: $10
million;
Grants for Native American programs on
aging: $40 million, including $30 million for
supportive and nutrition services, $5 million for
Native American caregiver support, and $5 million for
the protection of the rights of vulnerable seniors; and
Senior Community Service Employment Program,
which is operated by the Department of Labor: $500
million for fiscal year 2001. The bill also would
authorize additional funding if it is necessary to
provide a minimum of 70,000 part-time jobs for eligible
seniors. (The 2001 authorization would fund the minimum
number of jobs at the current minimum wage. However, if
the minimum wage were to be increased, additional
appropriations would be needed.)
S. 1536 also would authorize a White House Conference on
Aging, to be held by December 31, 2005. Authorized funding for
the conference is $1 million in the year preceding the
conference and $3 million in the year of the conference. For
purposes of this estimate, CBO has assumed that the conference
would be held in fiscal year 2005.
The bill would authorize such sums as may be necessary for
grants to states and nonprofit organizations to provide pension
counseling and information services. CBO estimates that such
grants would cost $10 million, similar to the amount authorized
for the Legal Assistance Development Program.
TABLE 2.--AUTHORIZATIONS UNDER S. 1536, WITH ADJUSTMENTS FOR INFLATION
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
--------------------------------------------
2001 2002 2003 2004 2005
----------------------------------------------------------------------------------------------------------------
Administration, Grants and Elder Care:
Estimated Authorization Level.................................. 102 104 106 109 110
Estimated Outlays.............................................. 42 81 105 107 109
Supportive Services and Senior Centers:
Estimated Authorization Level.................................. 507 517 528 539 549
Estimated Outlays.............................................. 380 505 525 536 546
Congregate Meals:
Estimated Authorization Level.................................. 505 516 526 537 547
Estimated Outlays.............................................. 429 504 524 535 545
Home-Delivered Meals:
Estimated Authorization Level.................................. 200 204 208 213 217
Estimated Outlays.............................................. 150 198 204 208 213
Nutrition Services Incentive Program:
Estimated Authorization Level.................................. 460 470 479 489 498
Estimated Outlays.............................................. 368 468 477 487 496
Disease Prevention and Health Promotion:
Estimated Authorization Level.................................. 25 26 26 27 27
Estimated Outlays.............................................. 19 25 26 27 27
Family Caregiver:
Estimated Authorization Level.................................. 125 128 130 133 135
Estimated Outlays.............................................. 50 114 128 131 134
Ombudsman and Elder Abuse Prevention:
Estimated Authorization Level.................................. 55 56 57 59 60
Estimated Outlays.............................................. 34 53 57 58 59
Legal Assistance Development Program:
Estimated Authorization Level.................................. 10 10 10 11 11
Estimated Outlays.............................................. 4 10 10 10 11
Grants for Native Americans:
Estimated Authorization Level.................................. 40 41 42 43 43
Estimated Outlays.............................................. 20 38 41 42 43
Community Service Employment:
Estimated Authorization Level.................................. 500 511 521 532 542
Estimated Outlays.............................................. 90 460 512 522 533
White House Conference on Aging:
Estimated Authorization Level.................................. 0 0 0 1 3
Estimated Outlays.............................................. 0 0 0 1 3
Pension Counseling:
Estimated Authorization Level.................................. 10 10 10 11 11
Estimated Outlays.............................................. 4 10 10 10 11
--------------------------------------------
Total, Aging Services:
Estimated Authorization Level............................ 2,539 2,592 2,645 2,702 2,752
Estimated Outlays........................................ 1,590 2,464 2,620 2,676 2,729
----------------------------------------------------------------------------------------------------------------
Note.--Components may not sum to totals because of rounding.
Pay-as-you-go considerations: None.
Estimated impact on State, local, and tribal governments:
S. 1536 contains an intergovernmental mandate as defined in
UMRA because it would require states to provide the services of
a state legal assistance developer to protect the legal rights
of older individuals. Because this bill would authorize
appropriations of $10 million to cover the cost of the
services, the threshold established in UMRA ($55 million in
2000, adjusted annually for inflation) would not be exceeded.
Under current law, states provide these services as a condition
of aid under grants for state and community programs on aging.
The bill also would authorize grants to state, local, and
tribal governments to carry out nutrition and support programs
for older individuals and their caregivers. CBO estimates that
state, local, and tribal governments could receive grants
totaling approximately $12 billion over the next five years,
and any costs related to receipt of these funds would be
incurred voluntarily.
Esimated impact on the private sector: S. 1536 contains no
private-sector mandates as defined in UMRA.
Estimate prepared by: Federal Costs: Christina Hawley
Sadoti, Ana Traylor, and Valerie Baxter; Impact on State,
Local, and Tribal Governments: Susan Sieg Tompkins; Impact on
the Private Sector: Rekha Ramesh.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
V. Regulatory Impact Statement
The committee has determined that there will be only a
negligible increase in the regulatory burden of paperwork as a
result of this legislation.
VI. Application of Law to the Legislative Branch
Section 102(b)(3) of Public Law 103-1, the Congressional
Accountability Act, requires a description of the application
of this bill to the legislative branch. Senate bill 1536 would
amend the Older Americans Act of 1965, as amended, which
provides grants to States and organizations to make elder care
and support services available to older Americans. This
requirement would not apply to the legislative branch.
VII. Section-by-Section Analysis
Following is a section-by-section analysis of S. 1536, the
Older Americans Act Amendments of 2000, as approved by the
Senate Committee on Health, Education, Labor, and Pensions on
July 21, 2000.
Section 1 cites the bill as the Older Americans Act
Amendments of 2000.
Section 2 sets forth the table of contents.
TITLE I--AMENDMENT TO TITLE I OF THE OLDER AMERICANS ACT OF 1965
Section 101. Definitions
Section 101 defines the following terms: disease prevention
and health promotion services; in-home services; Native
American; domestic violence; and sexual assault.
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
Section 201. Functions of Assistant Secretary
Section 201 requires the Assistant Secretary on Aging in
the Department of Health and Human Services (DHHS) to:
Fund the State Long-Term Care Ombudsman
National Resource Center at an amount no less than it
received for FY2000;
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 which provides
information and assistance services through a
nationwide toll-free number; and
Establish pension counseling and information
projects, as set forth by the bill.
Section 201 also requires the Assistant Secretary to
develop and publish, by December 31, 2001, performance outcome
measures to be used for planning, managing, and evaluating
activities under the act. The Assistant Secretary is required
to use data collected by State and area agencies on aging, and
by service providers in developing these measures. This section
also specifies the process for developing performance outcome
measures, including review of measures currently in use,
development of a proposed set of measures, pilot testing,
evaluation of the testing, and recommendations for
modification.
Section 202. Federal Council on Aging
Section 202 eliminates authorization of appropriations for
the Federal Council on Aging. (It has not been funded since
FY1995.)
Section 202 also adds a new section authorizing the
Assistant Secretary to accept, use, and dispose of gifts or
donations. Gifts and donations may be used to design and
implement demonstration projects; plan and conduct conferences;
and develop, publish, and disseminate information on programs
and services under the act, and other activities for older
persons. Section 206 also requires the Assistant Secretary to
establish written guidelines setting forth criteria for
determining whether, and under what circumstances, a gift or
donation should be declined.
Section 202 also establishes a new section, Pension
Counseling and Information. This section requires the Assistant
Secretary to award grants for pension counseling and
information programs. It sets forth requirements for
eligibility for grants, a citizen advisory panel, applications,
criteria for awarding grants, and technical assistance and
training to entities operating pension counseling and
information programs. The section also requires the Assistant
Secretary to establish and administer a national telephone
hotline that will provide information on pension and other
retirement benefits.
The section also requires the Assistant Secretary to report
on the pension counseling and information program to the House
Committee on Education and the Workforce and the Senate
Committee on Health, Education, Labor, and Pensions, within 30
months of enactment. It stipulates that not more than $100,000
may be used by the administration for administrative expenses
for this grant program.
Section 203. Evaluation
Section 203 eliminates a requirement for a national
evaluation of the nutrition program (which was completed by the
Administration on Aging (AoA)).
Section 204. Application of other laws
Section 204 excludes a service or benefit under the Older
Americans Act from being considered a Federal public benefit
under Section 401(c) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996.
Section 205. Authorization of appropriations
Section 205 authorizes the following appropriations:
For administration, salaries, and expenses
of the Administration on Aging, $29 million for FY2001,
and such sums as may be necessary for FY2002-FY2005;
For the eldercare locator services, $1
million for FY2001, and such sums as may be necessary
for FY2002-FY2005; and
For pension counseling and information
programs, such sums as may be necessary for FY2001
through FY2005.
Subtitle B--Amendments to the Older Americans Act Amendments of 1987
Section 211. White House conference
Section 211 requires the President to convene a White House
Conference on Aging by December 31, 2005. The conference is to
be planned and conducted by the Secretary of the Department of
Health and Human Services (DHHS), in cooperation with the
Assistant Secretary for Aging, the Director of the National
Institute on Aging (NIA), the Administrator of the Health Care
Financing Administration (HCFA), the Administrator of the
Social Security Administration, and the heads of other
appropriate Federal agencies.
The purposes of the conference are to: evaluate how
objectives of the Older Americans Act can be met by using the
resources and talents of older individuals, and of individuals
from the public and private sectors; evaluate how national
policies are prepared and respond to the needs of the baby boom
generation; and develop 50 recommendations to guide the
President, the Congress, and Federal agencies in serving older
individuals.
Section 211 requires that the majority of the White House
conference delegates be aged 55 years or older. It also sets
forth requirements for appointment of a 17-member policy
committee and a chairman, voting rules, and reports.
The section authorizes $1 million for the first fiscal year
in which the policy committee plans the conference and for the
following fiscal year. It also authorizes $3 million for the
year in which the conference is held.
TITLE III--AMENDMENTS TO TITLE III OF THE OLDER AMERICANS ACT OF 1965
Section 301. Purpose
Section 301 amends the title III purpose statement to
stipulate that title III funds and non-Federal matching funds
are to be used only for activities and services to benefit
older individuals and other individuals as provided under title
III. It also stipulates that title III does not prohibit State
or area agencies on aging from providing services using funds
from non-title III funds, or from non-Federal matching funds.
Section 302. Authorization of appropriations
Section 302 authorizes the following appropriations:
For supportive services, $506,764,000 for
FY2001, and such sums as may be necessary for FY2002-
FY2005;
For congregate nutrition services, $505
million for FY2001, and such sums as may be necessary
for FY2002-FY2005;
For home-delivered nutrition services, $200
million for FY2001, and such sums as may be necessary
for FY2002-FY2005;
For disease prevention and health promotion
services, $25 million for FY2001, and such sums as may
be necessary for FY2002-FY2005; and
For family caregiver support, $125 million
for FY2001, and such sums as may be necessary for
FY2002-FY2005. Of these amounts, 4 percent is to be
reserved for innovation grant programs, and 1 percent
for activities of national significance.
Section 303. Allotment; Federal share
Section 303 amends the title III State allotment formula to
stipulate that the Assistant Secretary is required, first, to
determine a State's allotment based on its relative share of
the total United States population aged 60, and then, to adjust
the allotment so that it will receive no less than its FY2000
``hold harmless amount,'' that is, a State may receive no less
than it received in FY2000. (Currently, AoA allots funds to
States based, first, on the amount they received in FY1987, and
then, on their relative share of the total U.S. population.)
Section 303 further stipulates that when appropriations
exceed the FY2000 amount, each State is to receive a percent
increase over its FY2000 allotment that is at least 20% of the
percentage increase in the total appropriations over the FY2000
allotment to all States.
Section 304. Area plans
Priority services. Section 304 modifies the area plan
requirements to specify that each area agency will carry out
revised State plan requirements regarding priority services--
access, in-home, and legal assistance services. These revised
provisions specify that the State agency will use uniform
procedures to evaluate the need for supportive services
(including legal assistance, information and assistance, and
transportation services), nutrition services, and senior
centers; develop a process to determine the extent to which
public or private programs and resources (including volunteers
and programs and services of voluntary organizations) have the
capacity and actually meet such need. The area agency must
report annually to the State agency regarding expenditures made
for the priority services.
Coordination of services for persons with disabilities.
Section 304 requires that the area agency will coordinate
services with agencies that provide services for older
individuals with disabilities, with particular attention to
those with severe disabilities.
Case management services. Section 304 requires area
agencies to facilitate the coordination of community-based
long-term care services, including development of case
management services. It clarifies that case management services
provided through area agencies will be provided by a public or
a private nonprofit agency that:
Gives each older individual seeking title
III services a list of agencies that provide similar
services, and a statement, documented by the recipient,
specifying that the individual has a right to choose
service providers; and
Has case managers who act as agents for the
individual and not as promoters for the service
provider.
Service providers in rural areas may obtain waivers of the
above requirements.
Hold harmless for the State long-term care ombudsman
program. Section 304 requires area agencies to maintain their
FY2000 level of expenditures from appropriations under the act
for the State long-term care ombudsman program.
Services to Native Americans. Section 304 clarifies
provisions regarding services to older Native Americans,
including requiring area agencies to make services under the
area plan available to older Native Americans to the same
extent as services to other older individuals.
Provisions eliminated. Among other things, section 304 also
eliminates requirements that area agencies:
Establish and maintain information and
assistance services in sufficient numbers to ensure
that all older individuals will have reasonably
convenient access to such services;
Provide technical assistance to providers;
Develop methods to determine how services
priorities are determined;
Identify agencies involved in prevention,
identification, and treatment of elder abuse and
determine the need for such services;
Coordinate title III priority services with
organizations involved in assisting victims of
Alzheimer's disease and their families;
Provide older persons with information on
education programs at institutions of higher education
in the planning and service area;
Coordinate services with section 202 of the
Housing Act of 1959;
Identify transportation needs of older
persons and coordinate such services;
List the telephone number of the area agency
in the local phone book;
Establish a volunteer service coordinator;
and
Adhere to certain requirements regarding the
public purpose mission of title III and disclosure of
area agency contractual or commercial relationships.
Section 305. State plans
Case management. Section 305 clarifies current law
provisions prohibiting States and area agencies from providing
services directly (rather than by grant or contract). It
specifies that:
If a State or area agency is already
providing case management services (as of the date of
submission of the State plan to the Assistant
Secretary, or as of the submission of the area plan to
the State agency) and it is specified in the State
plan, it may continue to provide case management; and
Area agencies may directly provide
information and assistance and outreach services if it
is specified in the State plan.
Hold harmless for the State long-term care ombudsman
program. Section 305 requires that State agencies maintain
their FY2000 level of expenditures from appropriations under
the act for the State long-term care ombudsman program.
Hold harmless for expenditures in rural areas. Section 305
requires that State agencies maintain their FY2000 level of
expenditures for funding of services in rural areas.
Public hearings. Section 305 amends the current requirement
that State agencies provide area agencies, and current or
applicant providers, opportunities for hearings upon their
request. Instead, it requires that these entities have
opportunities for public hearings, and adds recipients of
services to the list of those eligible for public hearings.
Provisions eliminated. Among other things, section 305
eliminates requirements that State agencies:
Use methods of administration that are
necessary and proper for efficient plan administration,
including merit personnel standards;
Adhere to certain requirements regarding the
public purpose mission of title III and disclosure
regarding contractual or commercial relationships;
Solicit the views of persons knowledgeable
about needs of low-income, minority older persons (in
evaluating the needs of such persons);
Establish and maintain information and
assistance services to ensure that all older
individuals in the State will have reasonably
convenient access to such services;
Provide that preference will be given to
hiring older workers, and special consideration will be
given to individuals with formal training in the field
of aging;
Provide in-service training for personnel
funded under the act;
Carry out certain requirements related to
acquisition, alteration, or renovation of centers to
serve as multipurpose senior centers; and
Establish a volunteer service coordinator
program.
Nutrition program. The bill eliminates certain provisions
related to the nutrition program, including requirements that
primary consideration be given to congregate projects; projects
be in sites in proximity to areas where a majority of older
persons reside; outreach services be conducted to reach the
maximum number of persons; consideration be given to providing
home-delivered meals; and the State develop nonfinancial
criteria for home-delivered meals and periodically evaluate the
needs of home-delivered meal recipients.
Section 306. Planning, coordination, evaluation, and administration of
State plans
Transfer of funds between congregate and home-delivered
nutrition programs. Section 306 allows States to transfer up to
30 percent of their allotments for congregate and home-
delivered nutrition services, and to transfer an additional 20
percent of such funds under a waiver to be approved by the
Assistant Secretary. It also specifies the content of a State's
request for a waiver to transfer funds in an amount exceeding
30 percent of the respective allotments.
Transfer of funds between supportive and nutrition services
programs. Section 306 allows States to transfer up to 30
percent of their allotments of funds for supportive and
nutrition services between the respective allotments.
Section 307. Availability of disaster relief funds to tribal
organizations
Section 307 revises provisions related to disaster relief
reimbursement by adding authority for the Assistant Secretary
to provide reimbursement to tribal organizations under title VI
of the act.
Section 308. Nutrition services incentives program
Section 308 revises requirements related to the U.S.
Department of Agriculture (USDA) method of reimbursement to the
title III nutrition program by stipulating that payments to
States will be based on the relative number of meals served by
the State the preceding fiscal year, as compared to all States.
(Current law bases reimbursement to States on a specified, per
meal rate, adjusted annually by the USDA.)
Section 308 also clarifies that tribal organizations
eligible under title VI of the act may receive USDA payments
based on the number of meals served by the tribal organization
the preceding fiscal year, as compared to all tribal
organizations. It also specifies procedures for payments to
tribal organizations that did not receive USDA assistance
during a preceding fiscal year.
Section 308 authorizes $460 million for FY2001 and such
sums as may be necessary for FY2002-FY2005.
Section 309. Consumer contributions and waivers
Consumer contributions
Cost sharing. Section 309 permits a State to implement cost
sharing by recipients for certain services funded by the act.
States are prohibited from applying cost sharing to the
following services: information and assistance, outreach,
benefits counseling, case management, ombudsman, elder abuse
prevention, legal assistance, consumer protection services,
congregate and home-delivered nutrition services, and services
delivered through tribal organizations. State agencies are:
Prohibited from applying cost sharing to
low-income older individuals (defined as an income at
or below the Federal poverty level) and from
considering assets, savings, or other property owned by
individuals when creating a sliding scale for cost
sharing, or when seeking contributions from older
individuals;
Authorized to exclude from cost sharing low-
income individuals with income above the Federal
poverty level;
Required to establish a sliding scale based
solely on individual income and the cost of delivering
services; and
Required to ensure that each area agency on
aging will ensure that each service provider, and the
area agency on aging, protect the privacy and
confidentiality of each older individual; establish
procedures to safeguard and account for cost share
payments; use payments to expand services subject to
cost sharing; determine the eligibility of older
individuals to cost share on a confidential declaration
of income, and with no requirement for verification;
and distribute cost sharing requirements in written
materials in languages reflecting the reading abilities
of older individuals. Each service provider and area
agency on aging is prohibited from denying any services
to older individuals due to their income or failure to
make cost sharing payments.
Section 309 allows area agencies on aging to request a
waiver of the State's cost sharing policies. The State is
required to approve a waiver if the area agency can demonstrate
that a significant number of persons receiving title III
services have income below the low-income threshold established
by the State, or that cost sharing would be an unreasonable
administrative or financial burden on the area agency.
State and area agencies are required to ensure that the
participation rates of low-income older individuals (with
particular attention to low-income minority individuals)
receiving services will not decrease due to implementation of
State cost sharing policies.
Section 309 further requires the Assistant Secretary to
conduct an evaluation of State cost sharing practices to
determine their effect on participation of older persons in the
program. If the Assistant Secretary finds that cost sharing
policies have a disparate impact on low-income or minority
older individuals, then corrective action is to be taken. The
evaluation is to take place no later than 1 year after
enactment, and annually thereafter.
Voluntary contributions. Section 309 stipulates that
voluntary contributions must be allowed, and may be solicited,
for all services under the act, as long as the method of
solicitation is noncoercive. Area agencies are:
Required to consult with relevant services
providers and older individuals in the planning and
service areas to determine the best methods for
accepting voluntary contributions;
Prohibited from applying means tests for any
services subject to voluntary contributions and from
denying services to persons who do not make a
contribution, with a further stipulation that these
prohibitions extend to service providers; and
Required to ensure that service providers
give older individuals an opportunity to voluntarily
contribute to the cost of services; clearly inform the
recipient that there is no obligation to contribute and
that the contribution is purely voluntary; protect the
privacy and confidentiality of each older individual
with respect to voluntary contributions; establish
procedures to safeguard and account for cost share
payments; and use payments to expand services subject
to cost sharing.
Section 309 also requires State and area agencies, in
conducting public hearings on their respective plans, to
solicit the views of older individuals, providers, and other
stakeholders on implementation of cost sharing.
Waivers. Section 309 also allows the Assistant Secretary to
waive any provisions of section 305 of the act (State
organization); section 306 of the act (area plan requirements);
section 307 of the act (State plan requirements); prohibitions
on transfers of funds between supportive and nutrition
services; and requirements related to State maintenance of
effort.
The section establishes conditions under which waivers may
be granted, including requirements that the State has obtained,
if necessary, approval of the State legislature; has
collaborated with area agencies and other affected
organizations regarding the waiver request; has made the
proposal available for review and comment, including the
opportunity for a public hearing upon request; and has given
consideration to the probable positive and negative
consequences of the waiver, among other things.
The section also establishes provisions regarding duration
of waivers and reports to the Assistant Secretary.
Section 310. Supportive services and senior centers
Section 310 clarifies and expands the supportive services
that may be provided under title III, including adding
reference to in-home and caregiver services. It also specifies
that title III funds for services may not supplant any Federal,
State, or local government funds expended by a State or unit of
general purpose local government.
Section 311. Nutrition services
Section 311 repeals subpart 3 of nutrition services,
School-based Meals for Volunteer Older Individuals, and
Multigenerational Programs. Instead, it authorizes States to
provide, to older individuals served in congregate nutrition
settings, opportunities to interact with students on a regular
basis.
Section 312. Payment requirement
Section 312 repeals section 339A of the act which prohibits
a State or area agency from reducing title III payments to
reflect any increase in funds for nutrition services provided
by the USDA.
Section 313. In-home services and additional assistance
Section 313 repeals part D, in-home services for frail
older individuals, and part E, additional assistance for
special needs of older individuals.
Section 314. Definition
Section 314 repeals section 363 of the act, definitions for
the disease prevention and health promotion services program
(the definitions are contained in section 102 of the bill).
Section 315. National Family Caregiver Support Program
Section 315 establishes a new part E (sections 371-376),
National Family Caregiver Support Program, requiring the
Assistant Secretary to make grants for multifaceted systems of
support for family caregivers, and grandparents or certain
older individuals who are caregivers of children.
Service and eligibility. Services to be provided to
caregivers are: information and assistance in gaining access to
services; counseling, support groups, and caregiver training;
respite care; and supplemental services on a limited basis
(such as home care, personal care, adult day care, among
others). Persons eligible for caregiver assistance are
caregivers of older individuals who are unable to perform at
least 2 activities of daily living (ADLs) (bathing, dressing,
eating, toileting, getting around inside the home, and
transferring from a bed to a chair) without substantial human
assistance; or who require substantial supervision due to a
cognitive or other mental impairment.
Part E requires States to give priority for caregiver
services to older individuals with the greatest social and
economic need, and older individuals who are caregivers of
persons with mental retardation and related developmental
disabilities (MR/DD). A State may not use more than10 percent
of the total Federal and non-Federal part E funds for support
services for grandparents and older individuals who are
relative caregivers.
Federal funds, administration, and quality standards. The
Federal/State matching requirement for part E funds is 75
percent Federal funds/25 percent State and local funds. The
State is allowed to use funds under this program for area plan
administration. This part also establishes requirements for
quality standards, data collection, reports, and maintenance of
State and local efforts for caregiver support services.
Formula for distribution of funds to States. Part E
establishes a formula for distribution of family caregiver
support funds to States. The formula bases State allotments on
two factors: a measure of a State's relative ``elderly-in-
need'' (EIN) percentage, and the caregiver allotment
percentage.
Elderly-in-need (EIN) percentage. The EIN is the weighted
sum of the following 7 categories. To calculate a State's EIN,
each State's relative share (percent) of persons in each
category is multiplied by the applicable weight and then
summed.
Category Formula weight
State's 60+ population............................................ 0.58
State's 70-74 population.......................................... 0.03
State's 75-79 population.......................................... 0.08
State's 80-84 population.......................................... 0.09
State's 85+ population............................................ 0.15
State's 60+ population below the poverty level.................... 0.03
State's 60+ nonwhite population................................... 0.04
______
Total weights............................................... 1.00
Caregiver allotment percentage. The caregiver allotment
percentage is the result obtained through the following
calculations:
(1) Dividing a State's total taxable resources (TTR)
percentage by its EIN. The TTR percentage is the result
obtained by dividing the total taxable resources of the
State by the total taxable resources of all States. The
TTR is the most recent 3-year arithmetic mean of the
total taxable resources of the State as determined by
the Secretary of the Treasury;
(2) Multiplying the result obtained in (1) by 0.65;
and
(3) Subtracting the result obtained in (2) from 1.00.
The caregiver allotment percentage must be between 0.32 and
0.40. Special consideration is to be given to poverty and
nonwhite factors in determining the caregiver formula for
Puerto Rico.
Demonstration and evaluation activities. Part E requires
the Assistant Secretary to award competitive grants for
demonstration projects for new approaches to caregiver support
services; evaluate caregiver grant programs, and disseminate
descriptions of the evaluations to States; and award funds for
activities of national significance to promote quality and
improvement in caregiver activities. Provisions for
demonstration, evaluation activities, and projects of national
significance will be effective for 3 fiscal years after the
date of enactment.
TITLE IV--TRAINING, RESEARCH, AND DISCRETIONARY PROJECTS AND PROGRAMS
Section 401. Projects and programs
Section 401 amends the purpose statement of title IV as
follows: to expand the Nation's knowledge and understanding of
the older population and the aging process; to design, test,
and promote innovative ideas and best practices in programs and
services for older individuals; to train personnel in the field
of aging; and to increase awareness by all citizens to assume
personal responsibility for their own longevity.
Section 401 authorizes the Assistant Secretary to make
grants to, and enter into contracts with, States, public
agencies, private nonprofit agencies, institutions of higher
education, and tribal organizations in order to carry out
education and training, applied social research, program
evaluation, demonstration programs, and technical assistance.
Authorization of appropriations. Section 401 authorizes $72
million for FY2001, and such sums as may be necessary for
FY2002-FY2005, for title IV activities.
New provisions to title IV of the act. Section 401 adds the
provisions for the following new title IV activities:
Older women's protection from violence projects. Section
401 requires the Assistant Secretary to make grants to States,
area agencies on aging, nonprofit organizations, or tribal
organizations to:
Support projects in local communities to
coordinate activities related to intervention in, and
prevention of, elder abuse, neglect, and exploitation;
Develop and implement outreach programs
directed toward older individuals who are victims of
abuse, neglect, and exploitation;
Expand access to domestic violence and
sexual assault programs; and
Promote research on legal, organizational,
or training impediments to providing such services to
older individuals.
In awarding such grants, section 401 requires the Assistant
Secretary to give preference to those entities which have the
ability to carry out the activities described, and title VII of
the act. It also requires the Assistant Secretary to encourage
each grant recipient to coordinate violence protection
activities with other organizations.
Health care services demonstration projects in rural areas.
Section 401 requires the Assistant Secretary to make grants to
develop and operate model health care service projects through
multipurpose senior centers that are located in rural areas and
that provide title III nutrition services. The section sets
forth application requirements, including assurances that the
applicant will carry out the project through a multipurpose
senior center located in (a) a rural areawith fewer than 5,000
residents or county with fewer than 6 individuals per square mile, and
(b) a State in which one-third or more of the population resides in
rural areas and 5 percent or more of the population resides in counties
with fewer than 7 individuals per square mile.
Computer training. Section 401 authorizes the Assistant
Secretary to award grants or contracts to entities to provide
computer training for older individuals. If such grants are
awarded, the Assistant Secretary is required to give priority
to entities that provide services to older individuals living
in rural areas; have demonstrated expertise in providing
computer training to older individuals; or have demonstrated a
variety of training delivery methods that may facilitate
training for older individuals.
Recipients of a grant or contract are required to use funds
in order to improve self-employment and employment-related
technology skills of older individuals, including use of the
Internet, and to provide training at senior centers, housing
facilities for older individuals, elementary schools, secondary
schools, and institutions of higher education.
Technical assistance to improve transportation for seniors.
Section 401 authorizes the Secretary to award grants or
contracts to nonprofit organizations to improve transportation
services for older individuals, including technical assistance
to local transit providers, area agencies on aging, senior
centers, and local senior support groups.
Provisions eliminated. Section 401 amends title IV by
eliminating a number of authorized programs, including:
Demonstration projects and programs designed
to receive special consideration for funding by the
Assistant Secretary (section 422 of the act);
Certain national impact activities (section
425 of the act);
Utility and home heating cost demonstration
projects (section 426 of the act);
Consumer protection demonstration projects
for services provided in the home (section 428 of the
act);
Supportive services in Federally assisted
housing demonstrations (section 429-A of the act);
Neighborhood senior care programs (section
429-B of the act);
Information and assistance systems
development projects (section 429-C of the act);
Senior transportation demonstrations
(section 429-D of the act);
Demonstration programs for older individuals
with developmental disabilities (section 429-F of the
act);
Housing demonstration programs (section 429-
G of the act);
Private resource enhancement projects
(section 429-H of the act);
Grants that serve the needs of minority
students in the field of aging (section 429-I of the
act); and
Pension rights demonstration projects
(section 429-J of the act) (similar pension project
provisions are contained in section 201 of the bill).
TITLE IV--ACTIVITIES AMENDED BY THE BILL
The following provisions are amended.
Special projects in comprehensive long-term care. Section
401 amends section 423 of the act, Special Projects in
Comprehensive Long-Term Care, to eliminate reference to a 1991
hold harmless amount for resource centers.
Native American programs. Section 401 amends section 429E
to add a requirement that the Assistant Secretary award funds
for in-service training opportunities and courses of
instruction on aging to Indian tribes, and for an annual
national meeting to train Native American elders resource
centers directors.
Demonstration and support projects for legal assistance for
older individuals. Section 401 amends Section 424 of the act to
require the Assistant Secretary to award funds to national
nonprofit organizations experienced in providing support and
technical assistance to States, area agencies, ombudsmen,
elderly abuse prevention programs, and other organizations that
assist older individuals with legal rights activities (in
addition to legal assistance providers listed in current law).
TITLE V--AMENDMENTS TO TITLE V OF THE OLDER AMERICANS ACT OF 1965
Section 501. Amendment to title V of the Older Americans Act of 1965
Section 501 of the bill makes the following changes in
title V of the act.
Purpose
The bill amends the purpose statement of title V to include
as one of the program purposes to foster the economic self-
sufficiency of eligible persons and to increase the number of
persons who may benefit from unsubsidized employment in both
the public and the private sectors.
Indian tribal organization projects
The bill adds a new provision specifying that if a title V
project is carried out by a tribal organization, then it must
provide employment for eligible individuals, including Indians
who reside on tribal reservations.
Coordination with the Workforce Investment Act of 1998
The bill includes a number of provisions regarding
coordination of title V activities with those under the
Workforce Investment Act (WIA) of 1998. These include
requirements that:
The project use methods to recruit, and
provide services to, title V participants through the
WIA one-stop delivery system; and
Projects that carry out second-career
training, and projects with private business,
coordinate with WIA programs. (The bill also eliminates
a requirement for reports on these projects that was
due in 1982, and the definition of eligible individuals
under these projects.)
One-stop partners and memoranda of understanding. In
addition, the bill specifies that title V grantees are one-stop
partners under WIA and are required to carry out the
responsibilities of such partners. It requires that where there
is more than one title V grantee in a work force investment
area, grantees must coordinate their activities with the one-
stop delivery system and sign a memorandum of understanding
established under the WIA.
Participant assessments and services. The bill authorizes
title V projects to use participant assessments prepared under
other employment training programs, including WIA. It also
specifies that title V participant assessment and service
strategies are to be used to meet assessment and service
strategies requirements under WIA (subtitle B of title I); and
that WIA assessment and service strategies are to be used to
meet title V requirements. Also, title V participants may be
deemed eligible by local workforce involvement boards under
title I of WIA.
Administrative and program costs
The bill adds definitions of program and administrative
costs, as follows:
Definition of program costs. The bill requires that funds,
not otherwise obligated, are to be used for programmatic
activities. These are:
Enrollee wages and fringe benefits
(including physical exams);
Enrollee training;
Job placement assistance, including job
development and search assistance;
Enrollee supportive services, including
transportation, health and medical services, special
job-related or personal counseling, incidentals (work
shoes, badges, uniforms, eyeglasses, and tools); child
and adult care, temporary shelter, and follow-up
services; and
Outreach, recruitment and selection, intake,
orientation, and assessments.
Minimum amount to be spent on program costs. This bill
requires that a minimum of 75 percent of Federal funds must be
used to pay enrollee wages and fringe benefits. (Now,
Department of Labor (DoL) regulations, but not the law, require
that a minimum of 75 percent of Federal funds be spent on wages
and fringe benefits.)
Definition of administrative costs. Costs of administration
are personnel and non-personnel, and direct and indirect costs,
of performing and coordinating the following general
administrative functions:
Accounting, budgeting, financial, and cash
management;
Procurement and purchasing;
Property management;
Personnel management;
Payroll;
Coordinating the resolution of audits,
reviews, investigations, and incident reports;
Audits;
General legal services;
Development of system procedures, including
information systems, required for administration; and
Oversight and monitoring.
Administration also includes goods and services used for
administration; travel; and information systems related to
administration.
The bill also requires that, to the maximum extent
practicable, title V grantees must provide for payment of
administrative expenses from non-Federal sources.
(Note: The bill does not change current law requirements
that no more than 13.5 percent of Federal funds may be used for
administration, with secretarial approval to use up to 15
percent under certain circumstances.)
Administrative allocation to subprojects. The bill requires
that title V projects are to pass through to entities operating
under the project (including State or local offices,
subgrantees, subcontractors, or other affiliates of the
organization or agency) a sufficient portion of the
administrative cost allocation to cover their administrative
costs.
Administration
State senior employment services coordination plan. The
bill adds new requirements for a State senior employment
services plan. The Governor of each State is required to submit
to the Secretary an annual State senior employment services
plan.
Plan content. The bill requires the plan to identify the
number of eligible persons in areas of the State, including
their distribution among rural and urban areas; the relative
distribution of eligible individuals with greatest economic
need, with greatest social need, and who are minorities; the
employment situations and skills of eligible individuals;
localities and populations where title V projects are most
needed; and plans to coordinate title V activities with
activities under WIA.
Participants in the State planning process. The bill
requires the plan to include a description of the planning
process used to ensure participation of representatives of the
following: State and area agencies on aging; State and local
work force investment boards; public and private nonprofit
providers of employment services; social service organizations;
title III grantees; affected communities; underserved older
individuals; community-based organizations; and business and
labor organizations. The State must submit any public comments
on the plan to the Secretary.
Governor's recommendations on grant proposals. The bill
requires Governors to be given an opportunity to make comments
to the Secretary on title V grant proposals prior to submission
of grant proposals to DoL. The Governor may comment on the
anticipated effect of the grant proposal and may make
recommendations regarding distribution or redistribution of
employment positions to areas of a State.
The bill stipulates that in developing the State plan, any
disruptions in community service opportunities are to be
avoided.
The section also sets forth procedures for availability of
the State plan for public comment; Secretarial comment on the
plan; Secretarial review of distribution of title V services
and projects; and collaboration of the Secretary with Indian
tribal organizations on projects serving older Indians.
Coordination of title V with other programs. The bill
requires the Secretary of Labor and the Assistant Secretary on
Aging to coordinate title V with other programs under the act.
The bill also requires the Secretary to coordinate title V with
WIA and other Federal programs, and prohibits title V
appropriations from being used to carry out any of the
specified programs.
Monitoring, evaluation, record keeping, and reports. The
bill adds provisions regarding Secretarial responsibilities for
monitoring title V grantees; grantee compliance with Federal
law and regulations and with Office of Management and Budget
(OMB) requirements; and grantee record keeping.
Distribution of title V appropriations
Initial reservation of funds. The bill revises provisions
regarding distribution of title V funds. The Secretary is
required to reserve:
1.5 percent of the total appropriation for
projects for second-career training and agreements with private
business concerns;
No more than 0.75 percent of the total
appropriation for Guam, American Samoa, the U.S. Virgin Islands
(which are to receive 30 percent of the 0.75 percent amount),
and the Commonwealth of the Northern Mariana Islands (which is
to receive 10 percent of the 0.75 percent amount); and
Such sums as may be necessary for national grants
with public or nonprofit national Indian aging organizations
and Pacific island and Asian American aging organizations with
the ability to provide employment services to these
populations.
Allotment formula, and FY2000 hold harmless for States,
national grantees, and State grantees. After funds have been
reserved for the above purposes, the Secretary is required to
allot funds so that each State (i.e., geographic entity)
receives funds based on its relative share of the population
aged 55 and over, and the State's relative per capita income.
However, a State must receive no less than it received in
FY2000. In addition, public and private nonprofit agencies and
organizations operating under national grants or contracts are
to receive, collectively, no less than they received to
maintain their FY2000 level of activities in the State.
Similarly, each State grantee is to receive no less than it
received to maintain its FY2000 level of activities.
Allocation of funds in excess of the FY2000 hold harmless
level. When appropriations exceed the amounts needed for the
initial reservations and for the FY2000 hold harmless amount,
the excess is to be allotted according to a State's relative
population aged 55 and over and its relative per capita income.
But each State is to receive a percent increase over its FY2000
allotment that is at least 30 percent of the percentage
increase in the total appropriation over the FY2000 allotments
to all States.
In addition, the provision stipulates that any excess in
appropriations up to the first $35 million is to be allocated
so that 75 percent is provided to States and 25 percent to
national grantees. Funds appropriated above the first $35
million are to be divided equally between State agencies and
public or private nonprofit agencies or organizations.
Definitions of ``level of activities'' and ``cost per
authorized position.'' For purposes of allocation of funds and
determining the FY2000 hold harmless amount, ``level of
activities'' is defined as ``the number of authorized positions
multiplied by the cost per authorized position.''
``Cost per authorized position'' is defined as the sum of:
The hourly minimum wage specified in the Fair
Labor Standards Act of 1938, multiplied by 1,092 hours (21
hours times 52 weeks);
An amount equal to 11 percent of the above amount
to cover Federal payments for fringe benefits; and
An amount determined by the Secretary to cover
Federal payments for all other remaining program and
administrative costs.
Equitable distribution of funds among and within States
The bill requires the Secretary, to the extent feasible, to
assure an equitable distribution of title V activities among
all States, taking into account the needs of underserved
States.
In addition, the amount for each State is to be allocated
equitably, taking into consideration State priorities under the
State senior employment services coordination plan as set forth
by the bill. Each State agency is required to submit to the
Secretary a report on its compliance with the intrastate
equitable distribution requirement. The report must include the
names and geographic locations of all title V projects and the
amounts allocated to the projects.
State/area agency review and comment of proposed title V
grants
The bill requires title V projects to provide State and
area agencies a 90-day review and comment period (rather than
30 days, as under current law), prior to the start of a title V
project in the State/planning and service area.
Establishment of performance measures
The bill adds new requirements that the Secretary establish
performance measures for title V projects and services carried
out by States and other grantees. It also requires the
Secretary to establish regulations regarding evaluation of the
performance of title V projects and services, and to publish
results of the evaluations. Performance measures must be
designed to promote continuous improvement in performance. They
may only be adjusted to account for the following adjustment
factors:
High rates of unemployment, poverty, or welfare
recipiency in areas served by the grantee, relative to other
areas of the State or the Nation;
Significant downturns in the economy in the area
served by the grantee or in the national economy; and
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 the
Nation.
The performance measures must include indicators of
performance and levels of performance applicable to each
indicator. Indicators of performance must include:
Number of persons served, with particular
consideration to individuals with the greatest economic or
social need, poor employment history or prospects, and those
over the age of 60;
Community services provided;
Placement and retention into unsubsidized public
or private employment;
Satisfaction of enrollees, employers, and their
host agencies with the experiences and services provided; and
Any additional indicators determined appropriate
by the Secretary.
The Secretary is required to issue definitions of
performance indicators.
Performance measure regarding placement and retention into
unsubsidized employment. The Secretary is required to establish
a performance measure that requires projects to transition a
minimum of 20 percent (of authorized employment positions) into
unsubsidized public or private employment. This measure may be
adjusted to account for the adjustment factors listed above.
``Placement into unsubsidized employment'' is defined as
full- or part-time employment in the public or private sector
by an enrollee for 30 days within a 90-day period without
support from title V funds, or any other State or Federal
employment subsidy program. It may also be the equivalent of a
specified amount of employment as measured by the earnings of
an enrollee through a review of wage records or other methods.
``Retention into unsubsidized employment'' is defined as
full- or part-time employment in the public or private sectors
by an enrollee for 6 months after the starting date of
placement into unsubsidized employment.
Annual performance evaluation of public or private
nonprofit agencies and organization grantees, and of State
grantees. The bill requires that performance of title V public
or private nonprofit agency and organization grantees will be
evaluated annually, on a national and State basis. The
performance of title V State grantees will also be evaluated
annually on a statewide basis. Performance of both types of
grantees will be judged regardless of whether the grantees
operate the program directly, or through contracts or
agreements with other agencies. Grantees must agree to an
evaluation of their performance as a condition of the grant.
Competition for title V funds
This section requires the Secretary to award funds for a 1-
year period, and for a 3-year period to begin after the
promulgation of regulations on performance measures.
Eligibility criteria. Criteria to receive a grant are the
applicant's ability to:
Administer a program that serves the
greatest number of eligible individuals, with
particular consideration to individuals with the
greatest economic need, greatest social need, poor
employment history or prospects, and over the age of
60;
Administer a program that provides
employment for eligible individuals in the community in
which they reside, and that will contribute to the
community's general welfare;
Administer a program that moves eligible
individuals, and individuals with multiple barriers to
employment, into unsubsidized employment;
Coordinate with other State and local
organizations; and
Provide fiscal management.
The Secretary is authorized to develop other appropriate
criteria in selection of grantees under the competitive
process.
Responsibility tests. This bill requires the Secretary to
review the applicant's overall responsibility to administer
Federal funds. The Secretary is authorized to consider any
information, including the organization's history in the
management of other grants. It also establishes certain
responsibility tests and specifies that applicants found not
responsible may not be selected as grantees under the program.
Failure to meet the following 2 tests will establish that
the organization is not responsible to administer Federal
funds:
Unsuccessful efforts by the organization to
recover debts established by final agency action after
3 demand letters have been sent, and failure to comply
with a repayment plan; and
Established fraud or criminal activity of a
significant nature within the organization.
Failure to meet other tests set forth in the section would
not establish that the organization is not responsible, unless
failure to meet the tests is substantial or persistent (for 2
or more consecutive years). These tests include:
Serious administrative deficiencies;
Willful obstruction of the audit process;
Failure to provide services to applicants;
Failure to correct deficiencies found in
monitoring or assessment; and
Failure to return a grant closeout package
or required reports, among other things.
Performance measures and competition requirements for
public and private nonprofit agencies and organization
grantees, and for State grantees. The bill contains
requirements and procedures for competition for funds when
national public and private nonprofit agencies and organization
grantees and State grantees fail to meet performance standards.
The Secretary is required to determine if a public or private
nonprofit agency grantee or a State grantee has met the
national performance measures established by the bill within
120 days after the end of a program year (July 1-June 30).
Requirements for technical assistance and competition when
national grantees fail to meet performance measures. If a
national grantee fails to meet performance measures, the
Secretary is required to provide technical assistance. The
grantee is required to submit a corrective action plan no later
than 40 days after the Secretary's determination.
After the second consecutive year of failure, the Secretary
is required to conduct a national competition to award 25
percent of the grantee's funds to another organization. If the
grantee fails to meet performance measures for a third
consecutive year, the Secretary is required to conduct a
national competition to award the remainder of the grantee's
funds to another organization(s). The recipient of these funds
must continue to provide services to the geographic area served
by the original grantee.
The bill also specifies actions to be taken by the
Secretary when a project administered by a national grantee
operating in a State falls below 20 percent of the national
performance measures (even though the grantee has met the
national standards). After the first year of failure by the
project in a State, the Secretary is required to establish a
corrective action plan, and is authorized to transfer
responsibility for the project to other grantees, provide
technical assistance, or take other actions. After the second
year of failure, corrective action by the Secretary may include
transfer of responsibility for a portion, or for all, of the
project to a State or public or private nonprofit agency or
organization. Or the Secretary may provide for competition of a
portion, or all, of the funds among all eligible entities that
meet the responsibility tests described above. After the third
consecutive year of failure, the Secretary is required to
subject all of the project's funds to competition.
In addition, the Secretary is obligated to review the
performance of a national grantee operating in the State upon a
request by the Governor.
Requirements for technical assistance and competition when
State grantees fail to meet performance measures. If a State
grantee fails to meet the performance measures, the Secretary
is required to provide technical assistance. The grantee is to
submit a corrective action plan no later than 40 days after the
Secretary's determination. After the second consecutive year of
failure, the State is required to subject 25 percent of the
grantee's funds to competition. If the grantee fails to meet
performance measures for a third consecutive year, the State is
required to subject the remainder of the grantee's funds to
competition.
Authorization of appropriations
The bill authorizes the following appropriations:
$500 million for FY2001 and such sums as may
be necessary for FY2002-2005; and
Such additional sums as may be necessary for
each fiscal year to provide for at least 70,000 part-
time employment positions (20 hours a workweek).
TITLE VI--AMENDMENTS TO TITLE VI OF THE OLDER AMERICANS ACT OF 1965
Section 601. Eligibility
Section 601 clarifies that a tribal organization is
eligible for only 1 title VI grant in any fiscal year, but that
a tribal organization may receive a grant for the Native
American caregiver support program, established by section 604
of the bill.
Section 602. Applications
Section 602 clarifies requirements related to population
statistics from the Bureau of Indian Affairs, and title VI
applications and reporting requirements.
Section 603. Authorization of appropriations
Section 603 authorizes for parts A and B, $30 million for
FY2001, and such sums as may be necessary for FY2002-FY2005. It
authorizes for part C, the Native American caregiver support
program, $5 million for FY2001, and such sums as may be
necessary for FY2002-FY2005.
Section 604. General provisions
Section 604 establishes a new part C, the Native American
caregiver support program. It requires the Assistant Secretary
to make grants for caregiver support activities, as described
under the title III caregiver grant program, to tribal
organizations that are recipients of title VII funds.
TITLE VII--AMENDMENTS TO TITLE VII OF THE OLDER AMERICANS ACT OF 1965
Section 701. Authorization of appropriations
Section 701 authorizes the following appropriations:
For the ombudsman program, $40 million for
FY2001, and such sums as may be necessary for FY2002-
FY2005;
For prevention of elder abuse, neglect, and
exploitation, $15 million FY2001, and such sums as may
be necessary for FY2002-FY2005; and
For the legal assistance development
program, $10 million for FY2001, and such sums as may
be necessary for FY2002-FY2005.
Authorization of appropriations for the outreach,
counseling, and assistance program is eliminated. (It is not
currently funded.)
Section 702. Allotment
Section 702 updates the hold harmless for the long-term
care ombudsman and elder abuse prevention programs to FY2000.
Section 703. Additional State plan amendments
Section 703 eliminates reference to chapter 5, outreach,
counseling, and assistance, which is eliminated by the bill. It
also clarifies that maintenance of effort requirements apply to
each vulnerable elder rights protection activity, among other
things.
Section 704. State long-term care ombudsman program
Section 704 clarifies that local ombudsman entities and
individuals designated as representatives of these entities may
not stand to gain financially through an action or potential
action brought on behalf of residents of long-term care
facilities. It also makes other clarifying changes, including
requiring the Office of the Long-Term Care Ombudsman to
coordinate its services with State and local law enforcement
agencies and courts of competent jurisdiction.
Section 705. Prevention of elder abuse, neglect, and exploitation
Section 705 clarifies that exploitation includes financial
exploitation; requires coordination of the elder abuse
prevention program with State and local law enforcement systems
and courts of competent jurisdiction; and requires training of
caregivers regarding issues related to elder abuse prevention,
among other things.
Section 705 adds a provision requiring the Secretary of
DHHS to conduct a study of the nature and extent of financial
exploitation of older individuals, in consultation with the
Department of the Treasury and the Attorney General. The
purpose of the study is to:
Define and describe the scope of financial
exploitation of older individuals;
Provide an estimate of the number and type
of financial transactions considered to be financial
exploitation; and
Examine the adequacy of current Federal and
State legal protections to prevent financial
exploitation.
The provision requires the Secretary to submit a report on
the study to Congress, including recommendations to combat
financial exploitation, no later than a year and a half after
enactment of the bill.
Section 706. Assistance programs
Section 706 repeals chapter 5, outreach counseling, and
assistance programs. It also simplifies provisions of chapter
4, State legal assistance development program.
Section 707. Native Americans programs
Section 707 authorizes for elder rights programs for Native
Americans $5 million for FY2001, and such sums as may be
necessary for FY2002-FY2005.
TITLE VIII--TECHNICAL AND CONFORMING AMENDMENTS
Section 801 makes technical and conforming amendments.
VIII. Changes in Existing Law
In compliance with rule XXVI paragraph 12, of the Standing
Rules of the Senate, the following provides a print of the
statute or the part or section thereof to be amended or
replaced (existing law proposed to be omitted is enclosed in
black brackets, new matter is printed in italic, existing law
in which no change is proposed is shown in roman):
OLDER AMERICANS ACT OF 1965
* * * * * * *
TITLE I--DECLARATION OF OBJECTIVES; DEFINITIONS
declaration of objectives for older americans
* * * * * * *
definitions
Sec. 102. For the purposes of this Act--
(1) * * *
* * * * * * *
(3) The term ``State'' means any of the several
States, the District of Columbia, the Virgin Islands of
the United States, the Commonwealth of Puerto Rico,
Guam, American Samoa, the Commonwealth of the Northern
Mariana Islands[, and the Trust Territory of the
Pacific Islands].
* * * * * * *
[(12) The term ``Trust Territory of the Pacific
Islands'' includes the Federated States of Micronesia,
the Republic of the Marshall Islands, and the Republic
of Palau.]
* * * * * * *
[(20) The term ``caregiver'' means an individual who
has the responsibility for the care of an older
individual, either voluntarily, by contract, by receipt
of payment for care, or as a result of the operation of
law.
[(21) The term ``caretaker'' means a family member or
other individual who provides (on behalf of such
individual or of a public or private agency,
organization, or institution) uncompensated care to an
older individual who needs supportive services.]
* * * * * * *
(34) The term ``long-term care facility'' means--
(A) * * *
* * * * * * *
(C) for purposes of sections [307(a)(12)]
307(a)(9) and 712, a board and care facility;
and
* * * * * * *
(45) The term ``disease prevention and health
promotion services'' means--
(A) health risk assessments;
(B) routine health screening, which may
include hypertension, glaucoma, cholesterol,
cancer, vision, hearing, diabetes, bone
density, and nutrition screening;
(C) nutritional counseling and educational
services for individuals and their primary
caregivers;
(D) health promotion programs, including
programs relating to prevention and reduction
of effects of chronic disabling conditions
(including osteoporosis and cardiovascular
disease), alcohol and substance abuse
reduction, smoking cessation, weight loss and
control, and stress management;
(E) programs regarding physical fitness,
group exercise, and music therapy, art therapy,
and dance-movement therapy, including programs
for multigenerational participation that are
provided by--
(i) an institution of higher
education;
(ii) a local educational agency, as
defined in section 14101 of the
Elementary and Secondary Education Act
of 1965 (20 U.S.C. 8801); or
(iii) a community-based organization;
(F) home injury control services, including
screening of high-risk home environments and
provision of educational programs on injury
prevention (including fall and fracture
prevention) in the home environment;
(G) screening for the prevention of
depression, coordination of community mental
health services, provision of educational
activities, and referral to psychiatric and
psychological services;
(H) educational programs on the availability,
benefits, and appropriate use of preventive
health services covered under title XVIII of
the Social Security Act (42 U.S.C. 1395 et
seq.);
(I) medication management screening and
education to prevent incorrect medication and
adverse drug reactions;
(J) information concerning diagnosis,
prevention, treatment, and rehabilitation
concerning age-related diseases and chronic
disabling conditions, including osteoporosis,
cardiovascular diseases, diabetes, and
Alzheimer's disease and related disorders with
neurological and organic brain dysfunction;
(K) gerontological counseling; and
(L) counseling regarding social services and
followup health services based on any of the
services described in subparagraphs (A) through
(K).
The term shall not include services for which payment
may be made under titles XVIII and XIX of the Social
Security Act (42 U.S.C. 1395 et seq., 1396 et seq.).
(46) 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.
(47) The term ``Native American'' means--
(A) an Indian as defined in paragraph (5);
and
(B) a Native Hawaiian, as defined in section
625.
(48) The term ``domestic violence'' means an act or
threat of violence, not including an act of self-
defense, committed--
(A) by a current or former spouse of the
victim;
(B) by a person related by blood or marriage
to the victim;
(C) by a person who is cohabiting with or has
cohabited with the victim;
(D) by a person with whom the victim shares a
child in common;
(E) by a person who is or has been in the
social relationship of a romantic or intimate
nature with the victims; or
(F) by a person similarly situated to a
spouse of the victim, or by any other person,
if the domestic or family violence laws of the
jurisdiction of the victim provided for legal
protection of the victim from the person.
(49) 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--ADMINISTRATION ON AGING
ESTABLISHMENT OF ADMINISTRATION ON AGING
* * * * * * *
FUNCTIONS OF ASSISTANT SECRETARY
Sec. 202. (a) It shall be the duty and function of the
Administration to--
(1) * * *
* * * * * * *
(19) * * *
* * * * * * *
(C) the extent to which each area agency on
aging designated under section 305(a) satisfied
the requirements of [paragraphs (2) and (5)(A)
of section 306(a)] paragraphs (2) and (4)(A) of
section 306(a);
* * * * * * *
(21)(A) * * *
* * * * * * *
(B) make available to the Center not less
than the amount of resources made available to
the Long-term Care Ombudsman National Resource
Center for fiscal year [1990] 2000;
* * * * * * *
[(24) establish information and assistance services
as priority services for older individuals;]
(24) 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 of
identify community resources for older individuals;
* * * * * * *
(26) develop guidelines and a model job description
for choosing and evaluating legal assistance developers
referred to in [sections 307(a)(18) and 731(b)(2)]
section 307(a)(13);
* * * * * * *
[(27)(A) conduct a study to determine ways in which
Federal funds might be more effectively targeted to
low-income minority older individuals, and older
individuals residing in rural areas, to better meet the
needs of States with a disproportionate number of older
individuals with greatest economic need and older
individuals with greatest social need;
[(B) conduct a study to determine ways in which
Federal funds might be more effectively targeted to
better meet the needs of States with disproportionate
numbers of older individuals, including methods of
allotting funds under title III, using the most recent
estimates of the population of older individuals; and
[(C) not later than January 1, 1995, submit a report
containing the findings resulting from the studies
described in subparagraphs (A) and (B) to the Speaker
of the House of Representatives and the President pro
tempore of the Senate;]
(27) establish and carry out pension counseling and
information programs described in section 215;
* * * * * * *
(30) require that all Federal grants and contracts
made under this title [and title IV] and part F of
title III be made in accordance with a competitive
bidding process established by the Assistant Secretary
by regulation.
* * * * * * *
[(c)(1)](c) In executing the duties and functions of
the Administration under this Act and carrying out the
programs and activities provided for by this Act, the
Assistant Secretary, in consultation with the
Corporation for National and Community Service, shall
take all possible steps to encourage and permit
voluntary groups active in supportive services,
including youth organizations active at the high school
or college levels, to participate and be involved
individually or through representative groups in such
programs or activities to the maximum extent feasible,
through the performance of advisory or consultative
functions, and in other appropriate ways.
[(2)(A) In executing the duties and functions of the
Administration under this Act and in carrying out the
programs and activities provided for by this Act, the
Assistant Secretary shall act to encourage and assist
the establishment and use of--
[(i) area volunteer service coordinators, as
described in section 306(a)(12), by area agencies on
aging; and
[(ii) State volunteer service coordinators, as
described in section 307(a)(31), by State agencies.
[(B) The Assistant Secretary shall provide technical
assistance to the area and State volunteer services
coordinators.]
(d)(1) * * *
* * * * * * *
(4) The Assistant Secretary shall make available to the
Center such resources as are necessary for the Center to carry
out effectively the functions of the Center under this Act and
not less than the amount of resources made available to the
Resource Center on Elder Abuse for fiscal year [1990] 2000.
* * * * * * *
(e)(1)(A) The Assistant Secretary shall make grants or
enter into contracts with eligible entities to establish the
National Aging Information Center (in this subsection referred
to as the ``Center'') to--
(i) provide information about [education and training
projects established under part A, and research and
demonstration projects, and other activities,
established under part B, of title IV] activities
carried out under part F of title III to persons
requesting such information;
* * * * * * *
(iv) analyze the information collected under section
201(c)(3)(F) by the Director of the Office for American
Indian, Alaskan Native, and Native Hawaiian Aging[, and
the information provided by the Resource Centers on
Native American elders under section 429E];
* * * * * * *
(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.
* * * * * * *
[federal council on the aging
[Sec. 204. (a)(1) There is established a Federal Council on
the Aging to be composed of 15 members. Except as provided in
subsection (b)(1)(A), members shall serve for terms of 3 years,
ending on March 31, regardless of the actual date of
appointment, without regard to the provisions of title 5,
United States Code. Members shall be appointed from among
individuals who have expertise and experience in the field of
aging by each appointing authority so as to be representative
of rural and urban older individuals, national organizations
with an interest in aging, business, labor, minorities, Indian
tribes, and the general public. At least three of the members
appointed by each appointing authority shall be older
individuals. No full-time officer or employee of the Federal
Government may be appointed as a member of the Council.
[(2) Members appointed to the Federal Council on the Aging
established by this section prior to the date of enactment of
the Older Americans Act Amendments of 1992 who are serving on
such date, shall continue to serve on the Federal Council
established by paragraph (1) of this subsection until members
are appointed in accordance with subsection (b)(1).
[(b)(1)(A)(i) The initial members of the Federal Council on
the Aging shall be appointed on April 1, 1993, as follows:
[(I) 5 members, who shall be referred to as class 1
members, shall be appointed for a term of 1 year;
[(II) 5 members, who shall be referred to as class 2
members, shall be appointed for a term of 2 years; and
[(III) 5 members, who shall be referred to as class 3
members, shall be appointed for a term of 3 years.
[(ii) Members appointed in 1994 and each third year
thereafter shall be referred to as class 1 members. Members
appointed in 1995 and each third year thereafter shall be
referred to as class 2 members. Members appointed in 1996 and
each third year thereafter shall be referred to as class 3
members.
[(B)(i) Members of each class shall be appointed in the
manner prescribed by this subparagraph.
[(ii) Of the members of class 1, two shall be appointed by
the President, two by the President pro tempore of the Senate
upon the recommendation of the Majority Leader and the Minority
Leader, and one by the Speaker of the House of Representatives
upon the recommendation of the Majority Leader and Minority
Leader.
[(iii) Of the members of class 2, two shall be appointed by
the President, two by the President pro tempore of the Senate
upon the recommendation of the Majority Leader and the Minority
Leader, and one by the Speaker of the House of Representatives
upon the recommendation of the Majority Leader and Minority
Leader.
[(iv) Of the members of class 3, two shall be appointed by
the President, two by the President pro tempore of the Senate
upon the recommendation of the Majority Leader and the Minority
Leader, and one by the Speaker of the House of Representatives
upon the recommendation of the Majority Leader and Minority
Leader.
[(2) Any member appointed to fill a vacancy occurring prior
to the expiration of the term for which such member's
predecessor was appointed shall be appointed only for the
remainder of such term. Members shall be eligible for
reappointment and may serve after the expiration of their terms
until their successors have taken office.
[(3) Any vacancy in the Council shall not affect its
powers, but shall be filled in the same manner by which the
original appointment was made.
[(4) Members of the Council shall, while serving on
business of the Council, be entitled to receive compensation at
a rate not to exceed the daily equivalent of the rate specified
for level V of the Executive Schedule under section 5316 of
title 5, United States Code, including traveltime, and while so
serving away from their homes or regular places of business,
they may be allowed travel expenses, including per diem in lieu
of subsistence, in the same manner as the expenses authorized
by section 5703(b) of title 5, United States Code, for persons
in the Government service employed intermittently.
[(c) The President shall designate the Chairperson from
among the members appointed to the Council. The Council shall
meet at the call of the Chairperson at least quarterly.
[(d) The Council shall--
[(1) advise and assist the President on matters
relating to the special needs of older individuals;
[(2) directly advise the Assistant Secretary on
matters affecting the special needs of older
individuals for services and assistance under this Act;
[(3) review and evaluate, on a continuing basis,
Federal policies regarding the aging and programs and
other activities affecting the aging conducted or
assisted by all Federal departments and agencies for
the purpose of appraising their value and their impact
on the lives of older individuals and of identifying
duplication and gaps among the types of services
provided under such programs and activities;
[(4) serve as a spokesman on behalf of older
individuals by making recommendations to the President,
to the Secretary, to the Assistant Secretary, and to
the Congress with respect to Federal policies regarding
the aging and federally conducted or assisted programs
and other activities relating to or affecting them;
[(5) inform the public about the problems and needs
of the aging by collecting and disseminating
information, conducting or commissioning studies and
publishing the results thereof, and by issuing
publications and reports; and
[(6) provide public forums for discussing and
publicizing the problems and needs of the aging and
obtaining information relating thereto by conducting
public hearings, and by conducting or sponsoring
conferences, workshops, and other such meetings.
[(e) The Council shall have staff personnel, appointed by
the Chairperson, to assist it in carrying out its activities.
The head of each Federal department and agency shall make
available to the Council such information and other assistance
as it may require to carry out its activities.
[(f) Beginning with the year 1974 the Council shall make
interim reports and an annual report of its findings and
recommendations to the President not later than March 31 of
each year. The President shall transmit each such report to the
Congress together with his comments and recommendations.
[(g) There are authorized to be appropriated to carry out
this section $300,000 for fiscal year 1992 and such sums as may
be necessary for fiscal years 1993, 1994, and 1995.]
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 non-
profit 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.
administration of the act
Sec. 205. (a)(1) In carrying out the objectives of this
Act, the Assistant Secretary is authorized to--
* * * * * * *
(2)(A) The Assistant Secretary shall designate an officer
or employee who shall serve on a full-time basis and who shall
be responsible for the administration of the nutrition services
described in [subparts 1, 2, and 3] subparts 1 and 2 of part C
of title III and shall have duties that include--
* * * * * * *
evaluation
Sec. 206. (a) * * *
* * * * * * *
(b) The Secretary may not make grants or contracts under
[title IV of this Act] part F of title III until the Secretary
develops and publishes general standards to be used by the
Secretary in evaluating the programs and projects assisted
under such title. Results of evaluations conducted pursuant to
such standards shall be included in the reports required by
section 207.
* * * * * * *
[(g)(1) Not later than June 30, 1995, the Assistant
Secretary, in consultation with the Assistant Secretary for
Planning and Evaluation of the Department of Health and Human
Services, shall complete an evaluation of nutrition services
provided under this Act, to evaluate for fiscal years 1992 and
1993--
[(A) their effectiveness in serving special
populations of older individuals;
[(B) the quality of nutrition provided by such
services;
[(C) average meal costs (including the cost of food,
related administrative costs, and the cost of
supportive services relating to nutrition services),
taking into account regional differences and size of
projects;
[(D) the characteristics of participants;
[(E) the applicability of health, safety, and dietary
standards;
[(F) the appraisal of such services by recipients;
[(G) the efficiency of delivery and administration of
such services;
[(H) the amount, sources, and ultimate uses of funds
transferred under section 308(b)(5) to provide such
services;
[(I) the amount, sources, and uses of other funds
expended to provide such services, including the extent
to which funds received under this Act are used to
generate additional funds to provide such services;
[(J) the degree of nutritional expertise used to plan
and manage coordination with other State and local
services;
[(K) nonfood cost factors incidental to providing
nutrition services under this Act;
[(L) the extent to which commodities provided by the
Secretary of Agriculture under section 311(a) are used
to provide such services;
[(M) and for the 8-year period ending September 30,
1992, the characteristics, and changes in the
characteristics, of such nutrition services;
[(N) differences between older individuals who
receive nutrition services under section 331 and older
individuals who receive nutrition services under
section 336, with specific reference to age, income,
health status, receipt of food stamp benefits, and
limitations on activities of daily living;
[(O) the impact of the increase in nutrition services
provided under section 336, the factors that caused
such increase, and the effect of such increase on
nutrition services authorized under section 336;
[(P) how, and the extent to which, nutrition services
provided under this Act generally, and under section
331 specifically, are integrated with long-term care
programs;
[(Q) the impact of nutrition services provided under
this Act on older individuals, including the impact on
their dietary intake and opportunities for
socialization;
[(R) the adequacy of the daily recommended dietary
allowances described in section 339; and
[(S) the impact of transferring funds under section
308(b)(5) and how funds transferred under such section
are expended to provide nutrition services.
[(2)(A)(i) The Assistant Secretary shall establish an
advisory council to develop recommendations for guidelines on
efficiency and quality in furnishing nutrition services
described in subparts 1, 2, and 3, of part C of title III.
[(ii) The council shall be composed of members appointed by
the Assistant Secretary from among individuals nominated by the
Secretary of Agriculture, the American Dietetic Association,
the Dietary Managers Association, the National Association of
Nutrition and Aging Service Programs, the National Association
of Meal Programs, the National Association of State Units on
Aging, the National Association of Area Agencies on Aging, and
other appropriate organizations.
[(B) Not later than June 30, 1994, the Assistant Secretary,
in consultation with the Secretary of Agriculture and taking
into consideration the recommendations of the council, shall
publish interim guidelines of the kind described in
subparagraph (A)(i).
[(3) Not later than September 30, 1995, the Secretary
shall--
[(A) submit to the President pro tempore of the
Senate recommendations and final guidelines to improve
nutrition services provided under this Act; and
[(B) require the Assistant Secretary to implement
such recommendations administratively, to the extent
feasible.
(g)[(h)] The Secretary may use such sums as may be necessary,
but not to exceed $3,000,000 (of which not to exceed $1,500,000
shall be available from funds appropriated to carry out title
III and not to exceed $1,500,000 shall be available from funds
appropriated to carry out [title IV] part F of title III), to
conduct directly evaluations under this section. No part of
such sums may be reprogrammed, transferred, or used for any
other purpose. Funds expended under this subsection shall be
justified and accounted for by the Secretary.
reports
Sec. 207. (a) * * *
* * * * * * *
[(3) an analysis of the information received under
section 306(b)(2)(D) by the Assistant Secretary;]
[(4)](3) statistical data and an analysis of
information regarding the effectiveness of the State
agency and area agencies on aging in targeting services
to older individuals with greatest economic need and
older individuals with greatest social need, with
particular attention to low-income minority
individuals, low-income individuals, and frail
individuals (including individuals with any physical or
mental functional impairment); and
[(5)](4) a description of the implementation of the
plan required by section 202(a)(17).
* * * * * * *
application of other laws
Sec. 210. (a) * * *
* * * * * * *
(c) A service or benefit provided under this Act is not a
Federal public benefit within the meaning of that term under
section 401(c) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1611(c)).
* * * * * * *
SEC. 214. NUTRITION EDUCATION.
The Assistant Secretary and the Secretary of Agriculture
may provide technical assistance and appropriate material to
agencies carrying out nutrition education programs in
accordance with section [307(a)(13)(J)] 307(a)(10)(J).
* * * * * * *
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 ad 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 applicationto 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 arena
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 and
low income retirees; and
(2) an assurance that staff members (including
volunteer staff members) have no conflict of interest
in providing the services described in the plan
described in paragraph (1).
(f) Criteria.--The Assistant Secretary shall consider the
following criteria in awarding grants under this section:
(1) Evidence of a commitment by the entity to carry
out a proposed pension counseling and information
program.
(2) The ability of the entity to perform effective
outreach to affected populations, particularly
populations that are identified in need of special
outreach.
(3) Reliable information that the population to be
served by the entity has a demonstrable need for the
services proposed to be provided under the program.
(4) The ability of the entity to provide services
under the program on a statewide or regional basis.
(g) Training and Technical Assistance Program.--
(1) In general.--The Assistant Secretary shall award
grants to eligible entities to establish training and
technical assistance programs that shall provide
information and technical assistance to the staffs of
entities operating pension counseling and information
programs described in subsection (b), and general
assistance to such entities, including assistance in
the design of program evaluation tools.
(2) Eligible entities.--Entities that are eligible to
receive a grant under this subsection include nonprofit
private organizations with a record of providing
national information, referral, and advocacy in matters
related to pension and other retirement benefits.
(3) Application.--To be eligible to receive a grant
under this subsection, an entity shall submit an
application to the Assistant Secretary at such time, in
such manner, and containing such information as the
Assistant Secretary may require.
(h) Pension Assistance Hotline and Intragency
Coordination.--
(1) Hotline.--The Assistant Secretary shall enter
into agreements with other Federal agencies to
establish and administer a national telephone hotline
that shall provide information regarding pension and
other retirement benefits, and rights related to such
benefits.
(2) Content.--Such hotline described in paragraph (1)
shall provide information for individuals seeking
outreach, information, counseling, referral, and
assistance regarding pension and other retirement
benefits, and rights related to such benefits.
(3) Agreements.--The Assistant Secretary may enter
into agreements with the Secretary ofLabor 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. [215] 216. AUTHORIZATION OF APPROPRIATIONS.
[(a) Administration.--](a) In General.--For purposes of
carrying out this Act, there are authorized to be appropriated
for the Administration [such sums as may be necessary for
fiscal years 1992, 1993, 1994, and 1995.] $29,000,000 for
fiscal year 2001, and such sums as may be necessary for each of
the 4 succeeding fiscal years for administration, salaries, and
expenses of the Administration.
[(b) Salaries and Expenses.--There are authorized to be
appropriated for salaries and expenses of the Administration on
Aging--
[(1) $17,000,000 for fiscal year 1992, $20,000,000
for fiscal year 1993, $24,000,000 for fiscal year 1994,
and $29,000,000 for fiscal year 1995; and
[(2) such additional sums as may be necessary for
each such fiscal year to enable the Assistant Secretary
to provide for not fewer than 300 full-time employees
(or the equivalent thereof) in the Administration on
Aging.]
(b) Eldercare Locator Service.--There are authorized to be
appropriated to carry out section 202(a)(24) (relating to the
National Eldercare Locator Service) $1,000,000 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.
* * * * * * *
TITLE III--GRANTS FOR STATE AND COMMUNITY PROGRAMS ON AGING
Part A--General Provisions
purpose; administration
Sec. 301. (a)(1) * * *
* * * * * * *
(c) The Assistant Secretary shall provide technical
assistance and training (by contract, grant, or otherwise) to
State long-term care ombudsman programs established under
section [307(a)(12)] 307(a)(9) in accordance with section 712,
and to individuals within such programs designated under
section 712 to be representatives of a long-term care
ombudsman, in order to enable such ombudsmen and such
representatives to carry out the ombudsman program effectively.
* * * * * * *
(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).
* * * * * * *
authorization of appropriations; uses of funds
Sec. 303. [(a)(1) There are authorized to be appropriated
$461,376,000 for fiscal year 1992 and such sums as may be
necessary for fiscal years 1993, 1994, and 1995, for the
purpose of making grants under part B of this title (relating
to supportive services and senior centers).] (a)(1) There are
authorized to be appropriated to carry out part B (relating to
supportive services) $506,764,000 for fiscal year 2001, and
such sums as may be necessary for each of the 4 succeeding
fiscal years.
* * * * * * *
[(b)(1) There are authorized to be appropriated
$505,000,000 for fiscal year 1992 and such sums as may be
necessary for fiscal years 1993, 1994, and 1995, for the
purpose of making grants under subpart 1 of part C of this
title (relating to congregate nutrition services).
[(2) There are authorized to be appropriated $120,000,000
for fiscal year 1992 and such sums as may be necessary for
fiscal years 1993, 1994, and 1995, for the purpose of making
grants under subpart 2 of part C of this title (relating to
home delivered nutrition services).
[(3) There are authorized to be appropriated $15,000,000
for fiscal year 1992 and such sums as may be necessary for
fiscal years 1993, 1994, and 1995, to carry out subpart 3 of
part C of this title (relating to school-based meals for
volunteer older individuals and multigenerational programs).]
(b)(1) There are authorized to be appropriated to carry out
subpart 1 of part C (relating to congregate nutrition services)
$505,000,000 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) $200,000,000 for fiscal year 2001, and such sums as
may be necessary for each of the 4 succeeding fiscal years.
* * * * * * *
[(d) There are authorized to be appropriated $45,388,000
for fiscal year 1992 and such sums as may be necessary for
fiscal years 1993, 1994, and 1995, for the purpose of making
grants under part D) of this title (relating to in-home
services).
[(e) There are authorized to be appropriated such sums as
may be necessary for the fiscal years 1992, 1993, 1994, and
1995, to carry out part E (relating to special needs).
[(f) There are authorized to be appropriated $25,000,000
for fiscal year 1992 and such sums as may be necessary for
fiscal years 1993, 1994, and 1995, for the purpose of making
grants under part F of this title (relating to periodic
preventive health, health education, and promotion services).
[(g) There are authorized to be appropriated $15,000,000
for fiscal year 1992 and such sums as may be necessary for
fiscal years 1993, 1994, and 1995, to carry out part G
(relating to supportive activities for caretakers).]
(d) There are authorized to be appropriated to carry out
part D (relating to disease prevention and health promotion
services) $25,000,000 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, and such sums as may be necessary for each of
the 4 succeeding fiscal years.
(2) Of the funds appropriated under paragraph (1)--
(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.
* * * * * * *
allotment; federal share
Sec. 304. [(a)(1) Subject to paragraphs (2) and (3) from
the sums appropriated under 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, except that (A) no State shall be allotted less than
one-half of 1 percent of the sum appropriated for the fiscal
year for which the determination is made; (B) Guam, the United
States Virgin Islands, and the Trust Territory of the Pacific
Islands, shall each be allotted not less than one-fourth of 1
percent of the sum appropriated for the fiscal year for which
the determination is made; and (C) American Samoa and the
Commonwealth of the Northern Mariana Islands shall each be
allotted not less than one-sixteenth of 1 percent of the sum
appropriated for the fiscal year for which the determination is
made. For the purposes of paragraph (3) and the exception
contained in subparagraph (A) only, the term ``State'' does not
include Guam, American Samoa, the United States Virgin Islands,
the Trust Territory of the Pacific Islands, and the
Commonwealth of the Northern Mariana Islands.
[(2) No State shall be allotted less than the total amount
allotted to the State under paragraph (1) of this subsection
and section 308 for fiscal year 1987.
[(3) No State shall be allotted, from the amount
appropriated under section 303(g), less than $50,000 for any
fiscal year.
[(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.]
(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 amount allotted to a State from the
sums appropriated under section 303 for a fiscalyear, the
Assistant Secretary shall first determine the amount allotted to such
State under paragraph (1) and then adjust such amount, if necessary, to
meet the requirements of paragraph (3).
(3)(A) No State shall be allotted less than one-half 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 one-fourth 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 be each be allotted not less than one-
sixteenth 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 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) Whenever the Assistant Secretary determines that any
amount allotted to a State under [part B or C] part B or C, or
subpart 1 of part E, for fiscal year under this section will
not be used by such State for carrying out the purpose for
which the allotment was made, the Assistant Secretary shall
make such allotment available for carrying out such purpose to
one or more other States to the extent the Assistant Secretary
determines that such other State will be able to use such
additional amount for carrying out such purpose. Any amount
made available to a State from an appropriation for a fiscal
year in accordance with the preceding sentence shall, for
purposes of this title, be regarded as part of such State's
allotment (as determined under subsection (a)) for such year,
but shall remain available until the end of the succeeding
fiscal year.
* * * * * * *
(d)(1) From any State's allotment, after the application of
section 308(b), under this section for any fiscal year--
(A) * * *
* * * * * * *
(B) such amount (excluding any amount attributable to
funds appropriated under section 303(a)(3)) as the
State agency determines to be adequate for conducting
an effective on budsman program under section
[307(a)(12)] 307(a)(9) shall be available for
conducting such program;
* * * * * * *
[(e) Grants made from allotments received under this title
may be used for paying for the costs of providing for an area
volunteer services coordinator (as described in section
306(a)(12)) or a State volunteer services coordinator (as
described in section 307(a)(31)).]
* * * * * * *
organization
Sec. 305. (a) In order for a State to be eligible to
participate in programs of grants to States from allotments
under this title--
(1) the State shall, in accordance with regulations
of the Assistant Secretary, designate a State agency as
the sole State agency to--
(A) * * *
* * * * * * *
(F) provide assurances that the State agency
will require use of outreach efforts described
in section [307(a)(24)] 307(a)(16); and
* * * * * * *
area plans
Sec. 306. (a) * * *
(1) * * *
(2) provide assurances that an adequate proportion,
as required under [section 307(a)(22)] section
307(a)(2), of the amount allotted for part B to the
planning and service area will be expended for the
delivery of each of the following categories of
services--
(A) * * *
(B) in-home [services (homemaker and home
health aides, visiting and telephone
reassurance, chore maintenance, and] services
including supportive services for families of
older individuals who are victims of
Alzheimer's disease and related disorders with
neurological and organic brain dysfunction; and
(C) legal assistance;
[and specify annually in such plan, as submitted or as
amended,] and assurances that the area agency on aging
will report annually to the State agency in detail the
amount of funds expended for each such category during
the fiscal year most recently concluded;
(3)(A) designate, where feasible, a focal point for
comprehensive service delivery in each community,
giving special consideration to designating
multipurpose senior centers (including multipurpose
senior centers operated by organizations referred to in
[paragraph (6)(E)(ii)] paragraph (6)(C) as such focal
point; and
* * * * * * *
[(4) provide for the establishment and maintenance of
information and assistance services in sufficient
numbers to assure that all older individuals within the
planning and service area covered by the plan will have
reasonably convenient access to such services, with
particular emphasis on linking services available to
isolated older individuals and older individuals with
Alzheimer's disease or related disorders with
neurological and organic brain dysfunction (and the
caretakers of individuals with such disease or
disorders);]
[(5)](4)(A)(i) provide assurances that the area
agency on aging will set specific objectives for
providing services to older individuals with greatest
economic need and older individuals with greatest
social need, include specific objectives for providing
services to low-income minority individuals, and
include proposed methods of carrying out the preference
in the area plan;
(5) provide assurances that the area agency on aging
will coordinate planning, identification, assessment of
needs, and provision of services for older individuals
with disabilities, with particular attention to
individuals with severe disabilities, with agencies
that develop or provide services for individuals with
disabilities;
* * * * * * *
(6) provide that the area agency on aging will--
[(A) conduct periodic evaluations of, and
public hearings on, activities carried out
under the area plan and an annual evaluation of
the effectiveness of outreach conducted under
paragraph (5)(B);
[(B) furnish appropriate technical
assistance, and timely information in a timely
manner, to providers of supportive services,
nutrition services, or multipurpose senior
centers in the planning and service area
covered by the area plan;]
[(C)] (A) take into account in connection
with matters of general policy arising in the
development and administration of the area
plan, the views of recipients of services under
such plan;
[(D)] (B) serve as the advocate and focal
point for older individuals within the
community by (in cooperation with agencies,
organizations, and individuals participating in
activities under the plan) monitoring,
evaluating, and commenting upon all policies,
programs, hearings, levies, and community
actions which will affect older individuals;
[(E)] (C)(i) where possible, enter into
arrangements with organizations providing day
care services for children [or adults],
assistance to older individuals caring fore
relatives who are children, and respite for
families, so as to provide opportunities for
older individuals to aid or assist on a
voluntary basis in the delivery of such
services to children, adults, and families; and
* * * * * * *
[(F)] (D) establish an advisory council
consisting of older individuals (including
minority individuals) who are participants or
who are eligible to participate in programs
assisted under this Act, representatives of
older individuals, local elected officials,
providers of veterans' health care (if
appropriate), and the general public, to advise
continuously the are agency on aging on all
matters relating to the development of the area
plan, the administration of the plan and
operations conducted under the plan;
[(G) develop and publish methods by which
priority of services is determined,
particularly with respect to the delivery of
services under paragraph (2);]
[(H)] (E) establish effective and efficient
procedures for coordination of--
(i) entities conducting programs that
receive assistance under this Act
within the planning and service area
served by the agency; and
(ii) entities conducting other
Federal programs for older individuals
at the local level, with particular
emphasis on entities conducting
programs described in section 203(b),
within the area;
[(I) conduct efforts to facilitate the
coordination of community-based, long-term care
services designed to retain individuals in
their homes, thereby deferring unnecessary,
costly institutionalization, and designed to
include the development of case management
services as a component of the long-term care
services;
[(J) identify the public and private
nonprofit entities involved in the prevention,
identification, and treatment of the abuse,
neglect, and exploitation of older individuals,
and based on such identification, determine the
extent to which the need for appropriate
services for such individuals is unmet;
[(K) facilitate the involvement of long-term
care providers in the coordination of
community-based long-term care services and
work to ensure community awareness of and
involvement in addressing the needs of
residents of long-term care facilities;
[(L) coordinate the categories of services
specified in paragraph (2) for which the area
agency on aging is required to expend funds
under part B, with activities of community-
based organizations established for the benefit
of victims of Alzheimer's disease and the
families of such victims;]
[(M)] (F) coordinate any mental health
services provided with funds expended by the
area agency on aging for part B with the mental
health services provided by community health
centers and by other public agencies and
nonprofit private organizations; and
[(N)] (G) if there is a significant
population of older individuals who are Indians
in the planning and service area of the area
agency on aging, the area agency on aging shall
conduct outreach activities to identify such
individuals in such area and shall inform such
individuals of the availability of assistance
under this Act;
[(O)(i) compile available information on
institutions of higher education in the
planning and service area regarding--
[(I) the courses of study offered to
older individuals by such institutions;
and
[(II) the policies of such
institutions with respect to the
enrollment of older individuals with
little or no payment of tuition, on a
space available basis, or on another
special basis;
and include in such compilation such related
supplementary information as may be necessary;
and
[(ii) based on the results of such
compilation, make a summary of such information
available to older individuals at multipurpose
senior centers, congregate nutrition sites, and
other appropriate places;
[(P) establish a grievance procedure for
older individuals who are dissatisfied with or
denied services under this title;
[(Q) enter into voluntary arrangements with
nonprofit entities (including public and
private housing authorities and organizations)
that provide housing (such as housing under
section 202 of the Housing Act of 1959 (12
U.S.C. 1701Q)) to older individuals, to
provide--
[(i) leadership and coordination in
the development, provision, and
expansion of adequate housing,
supportive services, referrals, and
living arrangements for older
individuals; and
[(ii) advance notification and
nonfinancial assistance to older
individuals who are subject to eviction
from such housing;
[(R) list the telephone number of the agency
in each telephone directory that is published,
by the provider of local telephone service, for
residents in any geographical area that lies in
whole or in part in the service and planning
area served by the agency--
[(i) under the name ``Area Agency on
Aging'';
[(ii) in the unclassified section of
the directory; and
[(iii) to the extent possible, in the
classified section of the directory,
under a subject heading designated by
the Assistant Secretary by regulation;
and
[(S) identify the needs of older individuals
and describe methods the area agency on aging
will use to coordinate planning and delivery of
transportation services (including the purchase
of vehicles) to assist older individuals,
including those with special needs, in the
area;
[(7) provide assurances that any amount received
under part D will be expended in accordance with such
part;
[(8) provide assurances that any amount received
under part E will be expended in accordance with such
part;
[(9) provide assurances that any amount received
under part F will be expended in accordance with such
part;
[(10) provide assurances that any amount received
under part G will be expended in accordance with such
part;
[(11) provide assurances that the area agency on
aging, in carrying out the State Long-Term Care
Ombudsman program under section 307(a)(12), will expend
not less than the total amount of funds appropriated
under this Act and expended by the agency in fiscal
year 1991 in carrying out such a program under this
title;
[(12) in the discretion of the area agency on aging,
provide for an area volunteer services coordinator, who
shall--
[(A) encourage, and enlist the services of,
local volunteer groups to provide assistance
and services appropriate to the unique needs of
older individuals within the planning and
service area;
[(B) encourage, organize, and promote the use
of older individuals as volunteers to local
communities within the area; and
[(C) promote the recognition of the
contribution made by volunteers to programs
administered under the area plan;
[(13)(A) describe all activities of the area agency
on aging, whether funded by public or private funds;
and
[(B) provide an assurance that the activities conform
with--
[(i) the responsibilities of the area agency
on aging, as set forth in this subsection; and
[(ii) the laws, regulations, and policies of
the State served by the area agency on aging;]
(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.
[(14)] (13) provide assurances that the area agency
on aging will--
* * * * * * *
(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.
* * * * * * *
[(17) provide assurances that projects in the
planning and service area will reasonably accommodate
participants as described in section 307(a)(13)(G);
[(18) provide assurances that the area agency on
aging will, to the maximum extent practicable,
coordinate the services it provides under this title
with services provided under title VI;
[(19)(A) provide an assurance that the area agency on
aging 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 under this title, if applicable;
and
[(B) specify the ways in which the area agency on
aging intends to implement the activities; and
[(20) provide that case management services provided
under this title through the area agency on aging
will--
[(A) not duplicate case management services
provided through other Federal and State
programs;
[(B) be coordinated with services described
in subparagraph (A); and
[(C) be provided by--
[(i) a public agency; or
[(ii) a nonprofit private agency
that--
[(I) does not provide, and
does not have a direct or
indirect ownership or
controlling interest in, or a
direct or indirect affiliation
or relationship with, an entity
that provides, services other
than case management services
under this title; or
[(II) is located in a rural
area and obtains a waiver of
the requirement described in
subclause (I).]
(b)[(1)] Each State, in approving area agency on aging
plans under this section, shall waive the requirement described
in paragraph (2) of subsection (a) for any category of services
described in such paragraph if the area agency on aging
demonstrates to the State agency that services being furnished
for such category in the area are sufficient to meet the need
for such services in such area and had conducted a timely
public hearing upon request.
[(2)(A) Before an area agency on aging requests a waiver
under paragraph (1) of this subsection, the area agency on
aging shall conduct a timely public hearing in accordance with
the provisions of this paragraph. The area agency on aging
requesting a waiver shall notify all interested parties in the
area of the public hearing and furnish the interested parties
with an opportunity to testify.
[(B) The area agency on aging shall prepare a record of the
public hearing conducted pursuant to subparagraph (A) and shall
furnish the record of the public hearing with the request for a
waiver made to the State under paragraph (1).
[(C) Whenever the State agency proposes to grant a waiver to
an area agency on aging under this subsection, the State agency
shall publish the intention to grant such a waiver together
with the justification for the waiver at least 30 days prior to
the effective date of the decision to grant the waiver. An
individual or a service provider from the area with respect to
which the proposed waiver applies is entitled to request a
hearing before the State agency on the request to grant such
waiver. If, within the 30-day period described in the first
sentence of this subparagraph, an individual or service
provider requests a hearing under this subparagraph, the State
agency shall afford such individual or provider an opportunity
for a hearing.
[(D) If the State agency waives the requirement described in
paragraph (2) of subsection (a), the State agency shall provide
to the Assistant Secretary--
[(i) a report regarding such waiver that details the
demonstration made by the area agency on aging to
obtain such waiver;
[(ii) a copy of the record of the public hearing
conducted pursuant to subparagraph (A); and
[(iii) a copy of the record of any public hearing
conducted pursuant to subparagraph (C).]
* * * * * * *
state plans
Sec. 307.(a) * * *
[(1) The plan shall contain assurances that the State
plan will be based upon area plans developed by area
agencies on aging within the State designated under
section 305(a)(2)(A) and that the State will prepare
and distribute a uniform format for use by area
agencies on aging in developing area plans under
section 306.
[(2) The plan shall provide that each area agency on
aging designated under section 305(a)(2)(A) will
develop and submit to the State agency for approval an
area plan which complies with the provisions of section
306.
[(3)(A) The plan shall provide that the State agency
will evaluate the need for supportive services
(including legal assistance and transportation
services), nutrition services, and multipurpose senior
centers within the State and determine the extent to
which existing public or private programs meet such
need. To conduct the evaluation, the State agency shall
use the procedures implemented under section
202(a)(29).
[(B) The plan shall provide assurances that the State
agency will spend in each fiscal year, for services to
older individuals residing in rural areas in the State
assisted under this title, an amount equal to not less
than 105 percent of the amount expended for such
services (including amounts expended under title V and
title VII) in fiscal year 1978.
[(4) The plan shall provide for the use of such
methods of administration (including methods relating
to the establishment and maintenance of personnel
standards on a merit basis, except that the Assistant
Secretary shall exercise no authority with respect to
the selection, tenure of office, or compensation of any
individual employed in accordance with such methods) as
are necessary for the proper and efficient
administration of the plan, and, where necessary,
provide for the reorganization and reassignment of
functions to assure such efficient administration.
[(5) The plan shall provide that the State agency
will afford an opportunity for a hearing upon request
to any agency on aging submitting a plan under this
title, to any provider of a service under such a plan,
or to any applicant to provide a service under such a
plan. The State agency shall establish and publish
procedures for requesting and conducting such hearing.]
(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 a 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.
(5) The plan shall provide that the State agency
will--
(A) afford an opportunity for a public
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, or any recipient of services under
such a plan; and
(B) issue guidelines applicable to grievance
procedures required by section 306(a)(10).
* * * * * * *
(7)(A) * * *
* * * * * * *
[(C) The plan shall provide assurances that the State
agency each each area agency on aging will--
[(i) maintain the integrity and public
purpose of services provided, and service
providers, under the State plan in all
contractual and commercial relationships;
[(ii) disclose to the Assistant Secretary--
[(I) the identity of each
nongovernmental entity with which the
State agency or area agency or aging
has a contract or commercial
relationship relating to providing any
service to older individuals; and
[(II) the nature of such contract or
such relationship;
[(iii) demonstrate that a loss or diminution
in the quantity, or quality of the services
provided, or to be provided, under this Act by
such agency has not resulted and will not
result from such contract or such relationship;
[(iv) demonstrate that the quantity or
quality of the services to be provided under
the State plan will be enhanced as a result of
such contract or such relationship; and
[(v) on the request of the Assistant
Secretary for the purpose of monitoring
compliance with this Act (including conducting
an audit), disclose all sources and
expenditures of funds the State agency and area
agency on aging receive or expend to provide
services to older individuals.
[(8) The plan shall provide that the State agency
will conduct periodic evaluations of, and public
hearings on, activities and projects carried out under
the State plan, including an evaluation of the
effectiveness of the State agency in reaching older
individuals with greatest economic need and older
individuals with greatest social need, with particular
attention to low-income minority individuals. In
conducting such evaluations and public hearings, the
State agency shall solicit the views and experiences of
entities that are knowledgeable about the needs and
concerns of low-income minority older individuals.
[(9) The plan shall provide for establishing and
maintaining information and assistance services in
sufficient numbers to assure that all older individuals
in the State who are not furnished adequate information
and assistance services under section 306(a)(4) will
have reasonably convenient access to such services.]
(8)(A) The plan shall provide that no supportive
services, nutrition services, or in-home services will
be directly provided by the State agency or an area
agency on aging in the State, unless, in the judgment
of the State agency--
(i) provision of such services by the State
agency or the area agency on aging is necessary
to assure an adequate supply of such services;
(ii) such services are directly related to
such State agency's or area agency on aging's
administrative functions; or
(iii) such services can be provided more
economically, and with comparable quality, by
such State agency or area agency on aging.
(B) Regarding case management services, if the State
agency or area agency on aging is already providing
case management services (as of the date of submission
of the plan) under a State program, the plan may
specify that such agency is allowed to continue to
provide case management services.
(C) The plan may specify that an area agency on aging
is allowed to directly provide information and
assistance services and outreach.
(9) The plan shall provide assurances that the State
agency will carry out, through the Office of the State
Long-Term Care Ombudsman, a State Long-Term Care
Ombudsman program in accordance with section 712 and
this title, and will expend for such purpose an amount
that is not less than an amount expended by the State
agency with funds received under this title for fiscal
year 2000, and an amount that is not less than the
amount expended by the State agency with funds received
under title VII for fiscal year 2000.
[(10) The plan shall provide that no supportive
services, nutrition services, or in-home services (as
defined in section 342) will be directly provided by
the State agency or an area agency on aging, except
where, in the judgment of the State agency, provision
of such services by the State agency or an area agency
on aging is necessary to assure an adequate supply of
such services, or where such services are directly
related to such State or area agency on aging's
administrative functions, or where such services of
comparable quality can be provided more economically by
such State or area agency on aging.
[(11) The plan shall provide that subject to the
requirements of merit employment systems of State and
local governments--
[(A) preference shall be given to older
individuals; and
[(B) special consideration shall be given to
individuals with formal training in the field
of aging (including an educational specialty or
emphasis in aging and a training degree or
certificate in aging) or equivalent
professional experience in the field of aging;
for any staff positions (full time or part
time) in State and area agencies for which such
individuals qualify.
[(12) 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.]
[(13)] (10) The plan shall provide with respect to
nutrition services that--
(A) each project providing nutrition services
will be available to older individuals and to
their spouses, and may be made available to
handicapped or disabled individuals who have
not attained 60 years of age but who reside in
housing facilities occupied primarily by older
individuals at which congregate nutrition
services are provided;
[(B) primary consideration shall be given to
the provision of meals in a congregate setting,
except that each area agency on aging (i) may
award funds made available under this title
(other than under section 303(b)(3)) to
organizations for the provision of home
delivered meals to older individuals in
accordance with the provisions of subpart 2 of
part C, based upon a determination of need made
by the recipient of a grant or contract entered
into under this title, without requiring that
such organizations also provide meals to older
individuals in a congregate setting; and (ii)
shall, in awarding such funds, select such
organizations in a manner which complies with
the provisions of subparagraph (H);
[(C)(i) each project will permit recipients
of grants or contracts to solicit voluntary
contributions for meals furnished in accordance
with guidelines established by the Assistant
Secretary, taking into consideration the income
ranges of eligible individuals in local
communities and other sources of income of the
recipients of a grant or contract; and (ii)
such voluntary contributions will be used to
increase the number of meals served by the
project involved, to facilitate access to such
meals, and to provide other supportive services
directly related to nutrition services;
[(D) in the case of meals served in a
congregate setting, a site for such services
and for comprehensive supportive services is
furnished in as close proximity to the majority
of eligible individuals' residences as
feasible, with particular attention upon a
multipurpose senior center, a school, a church,
or other appropriate community facility,
preferably within walking distance where
possible, and where appropriate, transportation
to such site is furnished;
[(E) each project will establish outreach
activities which assure that the maximum number
of eligible individuals may have an opportunity
to participate;]
[(F)] (B) each project will establish and
administer the nutrition project with the
advice of dietitians (or individuals with
comparable expertise), persons competent in the
field of service in which the nutrition project
is being provided, older individuals who will
participate in the program, and of persons who
are knowledgeable with regard to the needs of
older individuals;
[(G)] (C) each project will provide special
menus, where feasible and appropriate to meet
the particular dietary needs arising from the
health requirements, religious requirements, or
ethnic backgrounds of eligible individuals;
[(H) each area agency on aging will give
consideration where feasible, in the furnishing
of home delivered meals to the use of
organizations which (i) have demonstrated an
ability to provide home delivered meals
efficiently and reasonably; and (ii) furnish
assurances to the area agency on aging that
such an organization will maintain efforts to
solicit voluntary support and that the funds
made available under this title to the
organization will not be used to supplant funds
from non-Federal sources;]
[(I)] (D) each area agency on aging shall
establish procedures that will allow nutrition
project administrators the option to offer a
meal, on the same basis as meals are 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 who are eligible
under this Act;
[(J)] (E) each nutrition project shall
provide nutrition education on at least a
semiannual basis to participants in programs
described in part C;
[(K)] (F) each project shall 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;] older
individual; and
[(L)] (G) the State agency will monitor,
coordinate, and assist in the planning of
nutritional services, with the advice of a
dietitian or an individual with comparable
expertise[; and].
[(M) the State agency will--
[(i) develop nonfinancial criteria
for eligibility to receive nutrition
services under section 336; and
[(ii) periodically evaluate
recipients of such services to
determine whether they continue to meet
such criteria.]
[(14) The plan shall provide, with respect to the
acquisition (in fee simple or by lease for 10 years or
more), alteration, or renovation of existing facilities
(or the construction of new facilities in any area in
which there are no suitable structures available, as
determined by the State agency, after full
consideration of the recommendations made by area
agencies on aging, to be a focal point for the delivery
of services assisted under this title) to serve as
multipurpose senior centers, that--
[(A) the plan contains or is supported by
reasonable assurances that (i) for not less
than 10 years after acquisition, or not less
than 20 years after the completion of
construction, the facility will be used for the
purpose for which it is to be acquired or
constructed, unless for unusual circumstances
the Assistant Secretary waives the requirement
of this division; (ii) sufficient funds will be
available to meet the non-Federal share of the
cost of acquisition or construction of the
facility; (iii) sufficient funds will be
available when acquisition or construction is
completed, for effective use of the facility
for the purpose for which it is being acquired
or constructed; and (iv) the facility will not
be used and is not intended to be used for
sectarian instruction or as a place for
religious worship;
[(B) the plan contains or is supported by
reasonable assurances that, in the case of
purchase or construction, there are no existing
facilities in the community suitable for
leasing as a multipurpose senior center;
[(C) the plans and specifications for the
facility are in accordance with regulations
relating to minimum standards of construction,
promulgated with particular emphasis on
securing compliance with the requirements of
the Act of August 12, 1968, commonly known as
the Architectural Barriers Act of 1968;
[(D) the plan contains or is supported by
adequate assurance that any laborer or mechanic
employed by any contractor or subcontractor in
the performance of work on the facility will be
paid wages at rates not less than those
prevailing for similar work in the locality as
determined by the Secretary of Labor in
accordance with the Act of March 3, 1931 (40
U.S.C. 276a--276a-5, commonly known as the
Davis-Bacon Act), and the Secretary of Labor
shall have with respect to the labor standards
specified in this subparagraph, the authority
and functions set forth in reorganization plan
numbered 14 of 1950 (15 F.R. 3176; 64 Stat.
1267), and section 2 of the Act of June 13,
1934 (40 U.S.C. 276c); and
[(E) the plan contains assurances that the
State agency will consult with the Secretary of
Housing and Urban Development with respect to
the technical adequacy of any proposed
alteration or renovation.]
[(15)] (11) The plan shall provide that with respect
to legal assistance--
* * * * * * *
[(16)] (12) The plan shall provide, whenever the
State desires to provide for a fiscal year for services
for the prevention of abuse of older individuals--
[(17) The plan shall provide assurances that each
State will provide inservice training opportunities for
personnel of agencies and programs funded under this
Act.]
[(18)] (13) The plan shall provide assurances that
each State will assign personnel (one of whom shall be
known as a legal assistance developer) to provide State
leadership in developing legal assistance programs for
older individuals throughout the State.
[(19) The plan shall provide, with respect to
education and training services, assurances that area
agencies on aging may enter into grants and contracts
with providers of education and training services which
can demonstrate the experience or capacity to provide
such services (except that such contract authority
shall be effective for any fiscal year only to such
extent, or in such amounts, as are provided in
appropriations Acts).]
[(20)] (14) The plan shall provide assurances that,
if a substantial number of the older individuals
residing in any planning and service area in the State
are of limited English-speaking ability, then the State
will require the area agency on aging for each such
planning and service area--
* * * * * * *
[(21) The plan shall provide assurances that the
State agency, in carrying out the State Long-Term Care
Ombudsman program under section 307(a)(12), will expend
not less than the total amount expended by the agency
in fiscal year 1991 in carrying out such a program
under this title.
[(22) The plan shall specify a minimum percentage of
the funds received by each area agency on aging for
part B that will be expended, in the absence of the
waiver granted under section 306(b)(1), by such area
agency on aging to provide each of the categories of
services specified in section 306(a)(2).]
[(23)] (15) The plan shall, with respect to the
fiscal year preceding the fiscal year for which such
plan is prepared--
* * * * * * *
[(24)] (16) The plan shall provide assurances that
the State agency will require outreach efforts that
will--
* * * * * * *
[(25)] (17) The plan shall provide, with respect to
the needs of older individuals with severe
disabilities, assurances that the State will coordinate
planning, identification, assessment of needs, and
service for older individuals with disabilities with
particular attention to individuals with severe
disabilities with the State agencies with primary
responsibility for individuals with disabilities,
including severe disabilities, to enhance services and
develop collaborative programs, where appropriate, to
meet the needs of older individuals with disabilities.
[(26)] (18) The plan shall provide assurances that
area agencies on aging will conduct efforts to
facilitate the coordination of community-based, long-
term care services, pursuant to [section 306(a)(6)(I)]
section 306(a)(6)(7), for older individuals who--
* * * * * * *
[(27) The plan shall provide assurances of
consultation and coordination in planning and provision
of in-home services under section 341 with State and
local agencies and private nonprofit organizations
which administer and provide services relating to
health, social services, rehabilitation, and mental
health services.
[(28) The plan shall provide assurances that if the
State receives funds appropriated under section 303(e),
the State agency and area agencies on aging will expend
such funds to carry out part E.
[(29) The plan shall, with respect to the fiscal year
preceding the fiscal year for which such plan is
prepared, describe the methods used to satisfy the
service needs of older individuals who reside in rural
areas.]
[(30)] (19) The plan shall include the assurances and
description required by section 705(a).
[(31)(A) If 50 percent or more of the area plans in
the State provide for an area volunteer services
coordinator, as described in section 306(a)(12), the
State plan shall provide for a State volunteer services
coordinator, who shall--
[(i) encourage area agencies on aging to
provide for area volunteer services
coordinators;
[(ii) coordinate the volunteer services
offered between the various area agencies on
aging;
[(iii) encourage, organize, and promote the
use of older individuals as volunteers to the
State;
[(iv) provide technical assistance, which may
include training, to area volunteer services
coordinators; and
[(v) promote the recognition of the
contribution made by volunteers to the programs
administered under the State plan.
[(B) If fewer than 50 percent of the area plans in
the State provide for an area volunteer services
coordinator, the State plan may provide for the State
volunteer services coordinator described in
subparagraph (A).]
[(32)] (20) The plan shall provide assurances that
special efforts will be made to provide technical
assistance to minority providers of services.
[(33) The plan--
[(A) shall include the statement and the
demonstration required by paragraphs (2) and
(4) of section 305(d); and
[(B) may not be approved unless the Assistant
Secretary approves such statement and such
demonstration.
[(34) The plan shall provide an assurance that the
State agency will coordinate programs under this title
and title VI, if applicable.
[(35) the plan shall--
[(A) 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 under this title, if applicable; and
[(B) specify the ways in which the State
agency intends to implement the activities.]
(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.
[(36)] (22) If case management services are offered
to provide access to supportive services, the plan
shall provide that the State agency shall ensure
compliance with the requirements specified in section
[306(a)(20)] 306(a)(8).
[(37) The plan shall identify for each fiscal year,
the actual and projected additional costs of providing
services under this title, including the cost of
providing access to such services, to older individuals
residing in rural areas in the State (in accordance
with a standard definition of rural areas specified by
the Assistant Secretary).
[(38) 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 or an area agency on aging to
carry out a contract or commercial relationship that is
not carried out to implement this title.
[(39) The plan shall 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.
[(40) The plan shall provide assurances that if the
State receives funds appropriated under section 303(g)
the State agency and area agencies on aging will expend
such funds to carry out part G.]
* * * * * * *
[(41)] (23) The plan shall provide assurances that
demonstrable efforts will be made--
* * * * * * *
[(42)] (24) The plan shall provide assurances that
the State will coordinate public services within the
State to assist older individuals to obtain
transportation services associated with access to
services provided under this title, to services under
title VI, to comprehensive counseling services, and to
legal assistance.
* * * * * * *
[(44)] (25) The plan shall include assurances that
the State has in effect a mechanism to provide for
quality in the provision of in-home services under this
title.
* * * * * * *
(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.
* * * * * * *
[(f)(1)] (f) Neither a State, nor a State agency, may require
any provider of legal assistance under this title to reveal any
information that is protected by the attorney-client privilege.
[(2) Information disclosed under section 306(a)(14)(B)(i) or
subsection (a)(7)(C)(ii)(I) may be disclosed to the public by
the State agency or the State only if such information could be
disclosed under section 552 of title 5, United States Code, by
an agency of the United States.]
* * * * * * *
planning, coordination, evaluation, and administration of state plans
Sec. 308. (a)(1) * * *
* * * * * * *
(b)(1) * * *
* * * * * * *
(4)(A) Notwithstanding any other provision of this title and
except as provided in subparagraph (B), with respect to funds
received by a State and attributable to funds appropriated
under paragraph (1) or (2) of section 303(b), the State may
elect in its plan under section [307(a)(13)] 307(a)(10)
regarding part C of this title, to transfer not more than 30
percent of the funds so received between subpart 1 and subpart
2 of part C, for use as the State considers appropriate to meet
the needs of the area served. The Assistant Secretary shall
approve any such transfer unless the Assistant Secretary
determines that such transfer is not consistent with the
objectives of this Act.
(B) If a State demonstrates, to the satisfaction of the
Assistant Secretary, that funds received by the State and
attributable to funds appropriated under paragraph (1) or (2)
of section 303(b), including funds transferred under
subparagraph (A) without regard to this subparagraph, [for
fiscal year 1993, 1994, 1995, or 1996] for any fiscal year are
insufficient to satisfy the need for services under subpart 1
or subpart 2 of part C, then the Assistant Secretary may grant
a waiver that permits the State to transfer under subparagraph
(A) [to satisfy such need--
[(i) an additional 18 percent of the funds so
received for fiscal year 1993;
[(ii) an additional 15 percent of the funds so
received for each of the fiscal years 1994 and 1995;
and
[(iii) an additional 10 percent of the funds so
received for fiscal year 1996.] to satisfy such need an
additional 20 percent of the funds so received by a
state and attributable to funds appropriated under
paragraph (1) or (2) of section 303(b).
(C) A State's request for a waiver under subparagraph (B)
shall--
(i) be not more than 1 page in length;
(ii) include a request that the waiver be granted;
(iii) specify the amount of the funds received by a
State and attributable to funds appropriated under
paragraph (1) or (2) of section 303(b), over the
permissible 30 percent referred to in subparagraph (A),
that the State requires to satisfy the need for
services under subpart 1 or 2 of part C; and
(iv) not include a request for a waiver with respect
to an amount if the transfer of the amount would
jeopardize the appropriate provision of services under
subpart 1 or 2 of part C.
[(5)(A) Notwithstanding any other provision of this title and
except as provided in subparagraph (B), 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 fiscal year 1993, not more than 25 percent for
fiscal year 1994, not more than 25 percent for fiscal year
1995, and not more than 20 percent for fiscal year 1996,
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)(i) If a State demonstrates, to the satisfaction of the
Assistant Secretary, that funds received by the State and
attributable to funds appropriated under part B or part C
(including funds transferred under subparagraph (A) without
regard to this subparagraph) for fiscal year 1994 or 1995 are
insufficient to satisfy the need for services under such part,
then the Assistant Secretary may grant a waiver that permits
the State to transfer under subparagraph (A) to satisfy such
need an additional 5 percent of the funds so received for such
fiscal year.
[(ii) If a State demonstrates, to the satisfaction of the
Assistant Secretary, that funds received by the state and
attributable to funds appropriated under part B or part C
(including funds transferred under subparagraph (A) without
regard to this subparagraph) for fiscal year 1996 are
insufficient to satisfy the need for services under such part,
then the Assistant Secretary may grant a waiver that permits
the State to transfer under subparagraph (A) to satisfy such
need an additional 8 percent of the funds so received for such
fiscal year.
[(C) At a minimum, the application 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. The
Assistant Secretary shall approve or deny the application in
writing.]
(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.
* * * * * * *
disaster relief reimbursements
Sec. 310. (a)(1) The Assistant Secretary may provide
reimbursements to any State or to any tribal organization
receiving a grant under title VI, upon application for such
reimbursement, for funds such State makes available to area
agencies on aging in such State (or funds used by such tribal
organization), for the delivery of supportive services (and
related supplies) during any major disaster declared by the
President in accordance with the Robert T. Stafford Relief and
Emergency Assistance Act.
(2) Total payments to all States and such tribal
organizations, under paragraph (1) in any fiscal year shall not
exceed 2 percent of the total amount appropriated and available
to carry out [title IV] Part F.
(3) If the Assistant Secretary decides, in the 5-day period
beginning on the date such disaster is declared by the
President, to provide an amount of reimbursement under
paragraph (1) to a State or such tribal organization, then the
Assistant Secretary shall provide not less than 75 percent of
such amount to such State or such tribal organization, not
later than 5 days after the date of such decision.
(b)(1) At the beginning of each fiscal year the Assistant
Secretary shall set aside, for payment to States and such
tribal organizations under subsection (a), an amount equal to 2
percent of the total amount appropriated and available to carry
out [title VI] Part F.
(c) Nothing in this section shall be construed to prohibit
expenditures by States and such tribal organizations, for
disaster relief for older individuals in excess of amounts
reimbursable under this section, by using funds made available
to them under other sections of this Act or under other
provisions of Federal or State law, or from private sources.
* * * * * * *
[availability of surplus commodities] Nutrition services incentive
program
Sec. 311. (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 pay, 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.
[(a)](c)(1) Agricultural commodities and products purchased
by the Secretary of Agriculture under section 32 of the Act of
August 24, 1935 (7 U.S.C. 612c), shall be donated to a
recipient of a grant or contract to be used for providing
nutrition services in accordance with the provisions of this
title.
* * * * * * *
[(4)(A) Subject to the authorization of appropriations
specified in subsection (c), in donating commodities under this
subsection, the Secretary of Agriculture shall maintain--
[(i) for fiscal year 1992, a level of assistance
equal to the greater of--
[(I) a per meal rate equal to the amount
appropriated under subsection (c) for fiscal
year 1992, divided by the number of meals
served in the preceding fiscal year; or
[(II) 61 cents per meal; and
[(ii) for fiscal year 1993 and each subsequent fiscal
year, an annually programmed level of assistance equal
to the greater of--
[(I) a per meal rate equal to the amount
appropriated under subsection (c) for the
fiscal year, divided by the number of meals
served in the preceding fiscal year; or
[(II) 61 cents per meal, adjusted in
accordance with changes in the series for food
away from home, of the Consumer Price Index For
All Urban Consumers, published by the Bureau of
Labor Statistics of the Department of Labor,
based on the 12-month period ending on July 1
of the preceding year.
[(B) Among the commodities delivered under this subsection,
the Secretary shall give special emphasis to high protein
foods, meat, and meat alternates. The Secretary of Agriculture,
in consultation with the Assistant Secretary for Aging, is
authorized to prescribe the terms and conditions respecting the
donating of commodities under this subsection.
[(b)](d)(1) Notwithstanding any other provision of law, a
State may, for purposes of the programs authorized by this Act,
elect to receive cash payments in lieu of donated foods for all
or any portion of its project. In any case in which a State
makes such an election, the Secretary of Agriculture shall make
cash payments to such State in an amount equivalent in value to
the donated foods which the State otherwise would have received
if such State had retained its commodity distribution.
* * * * * * *
(4) Among the commodities delivered under subsection (c), the
Secretary of Agriculture shall give special emphasis to high
protein foods, meat, and meat alternates. The Secretary of
Agriculture, in consultation with the Assistant Secretary, is
authorized to prescribe the terms and conditions respecting the
donating of commodities under this subsection.
[(c)(1)(A) There are authorized to be appropriated
$250,000,000 for fiscal year 1992, $310,000,000 for fiscal year
1993, $380,000,000 for fiscal year 1994, and $460,000,000 for
fiscal year 1995, to carry out the provisions of this section
(other than subsection (a)(1)).]
(e) There are authorized to be appropriated to carry out this
section (other than subsection (c)(1)) $460,000,000 for fiscal
year 2001 and such sums as may be necessary for each of the 4
succeeding fiscal years.
* * * * * * *
[(d)](f) In each fiscal year, the Secretary of Agriculture
and the Secretary of Health and Human Services shall jointly
disseminate to State agencies, area agencies on aging, and
providers of nutrition services assisted under this title,
information concerning--
* * * * * * *
SEC. 315. CONSUMER CONTRIBUTIONS.
(a) Cost Sharing.--
(1) In general.--Except as provided in paragraphs (2)
and (3), a State is permitted to implement cost sharing
for all services funded by this Act by recipients of
the services.
(2) Exception.--The State is not permitted to
implement the cost sharing described in paragraph (1)
for the following services:
(A) Information and assistance, outreach,
benefits counseling, or case management
services.
(B) Ombudsman, elder abuse prevention, legal
assistance, or other consumer protection
services.
(C) Congregate and home delivered meals.
(D) Any services delivered through tribal
organizations.
(3) Prohibitions.--A State or tribal organization
shall not permit the cost sharing described in
paragraph (1) for any services delivered through tribal
organizations. A State shall not permit cost sharing by
a low-income older individual if the income of such
individual is at or below the Federal poverty line. A
State may exclude from cost sharing low-income
individuals whose incomes are above the Federal poverty
line. A State shall not consider any assets, savings,
or other property owned by older individuals when
defining low-income individuals who are exempt from
cost sharing, when creating a sliding scale for the
cost sharing, or when seeking contributions from any
older individual.
(4) Payment rates.--If a State permits the cost
sharing described in paragraph (1), such State shall
establish a sliding scale, based solely on individual
income and the cost of delivering services.
(5) Requirements.--If a State permits the cost
sharing described in paragraph (1), such State shall
require each area agency on aging in the State to
ensure that each service provider involved, and the
area agency on aging, will--
(A) protect the privacy and confidentiality
of each older individual with respect to the
declaration or non-declaration 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 wavier 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) 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. If the
Assistant Secretary finds that there is a disparate impact upon
low-income or minority older individuals 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
amount 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.
* * * * * * *
Part B--Supportive Services and Senior Centers
program authorized
Sec. 321. (a) * * *
(1) * * *
(2) Transportation services to facilitate access to
supportive services or nutrition services, [or both]
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;
* * * * * * *
(4) services designed (A) to assist older individuals
to obtain adequate housing, including residential
repair and renovation projects designed to enable older
individuals to maintain their homes in conformity with
minimum housing standards; (B) to adapt homes to meet
the needs of older individuals who have physical
disabilities; (C) to prevent unlawful entry into
residences of older individuals, through the
installation of security devices and through structural
modifications or alternations of such residences; [or
(D) to receive applications from older individuals for
housing under section 202 of the Housing Act of 1959
(12 U.S.C. 1701Q);] or (D) to assist older individuals
in obtaining housing for which assistance is provided
under programs of the Department of Housing and Urban
Development;
(5) services designed to assist older individuals in
avoiding institutionalization and to assist individuals
in long-term care institutions who are able to return
to their communities, [including client assessment
through case management and integration and
coordination of community services such as
preinstitution evaluation and screening and home health
services, homemaker services, shopping services, escort
services, reader services, and letter writing services,
through resource development and management to assist
such individuals to live independently in a home
environment;] including--
(A) client assessment, case management
services, and development and coordination of
community services;
(B) supportive activities to meet the special
needs of caregivers, including caretakers who
provide in-home services to frail older
individuals; and
(C) in-home services and other community
services, including home health, homemaker,
shopping, escort, reader, and letter writing
services, to assist older individuals to live
independently in a home environment;
* * * * * * *
(12) services to encourage the employment of older
workers, including job and second career counseling
and, where appropriate, job development, referral, and
placement, 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.);
* * * * * * *
(15) services for the prevention of abuse of older
individuals in accordance with chapter 3 of subtitle A
of title VII and [section 307(a)(16)] section
307(a)(12);
* * * * * * *
(21) services to encourage and facilitate regular
interaction between school-age children and older
individuals, including visits in long-term care
facilities, multipurpose senior centers, and other
settings; [or]
(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.
[(22)] (23) any other services necessary for the
general welfare of older individuals;
* * * * * * *
(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).
* * * * * * *
[program authorized
[Sec. 331. The]
SEC. 331. PROGRAM AUTHORIZED.
(a) In General.--The Assistant Secretary shall carry out a
program for making grants to States under State plans approved
under section 307 for the establishment and operation of
nutrition projects--
(1) which, 5 or more days a week (except in a rural
area where such frequency is not feasible (as defined
by the Assistant Secretary by regulation) and a lesser
frequency is approved by the State agency), provide at
least one hot or other appropriate meal per day and any
additional meals which the recipient of a grant or
contract under this subpart may elect to provide;
(2) which shall be provided in congregate settings;
and
(3) which may include nutrition education services
and other appropriate nutrition services for older
individuals.
[(a)] (b) [In General.--The Assistant Secretary shall
establish and carry out, under State plans approved under
section 307, a program for making grants to States to pay for
the Federal share of establishing and operating] School-Based
Meals and Multigenerational Programs.--In carrying out
nutrition projects under subsection (a), the State may carry
out projects in public elementary and secondary schools
(including elementary and secondary schools for Indian children
operated with Federal assistance, or operated by the Department
of the Interior, and referred to in section 1005(d)(2) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
2711(d)(2)) that--
(1) provide hot meals, each of which ensures a
minimum of one-third of the daily recommended dietary
allowances as established by the Food and Nutrition
Board of the National Research Council of the National
Academy of Sciences, to volunteer older individuals--
(A) while such schools are in session;
(B) during the summer; and
(C) unless waived by the State involved, on
the weekdays in the school year when such
schools are not in session;
(2) provide multigenerational activities in which
volunteer older individuals and students interact;
(3) provide social and recreational activities for
volunteer older individuals;
(4) develop skill banks that maintain and make
available to school officials information on the skills
and preferred activities of volunteer older
individuals, for purposes of providing opportunities
for such individuals to serve as tutors, teacher aides,
living historians, special speakers, playground
supervisors, lunchroom assistants, and in other roles;
and
(5) provide opportunities for volunteer older
individuals to participate in school activities (such
as classes, dramatic programs, and assemblies) and use
school facilities.
(c) Interaction.--In carrying out projects under subsection
(a), the State may make efforts to provide older individuals
with opportunities to interact with students on a regular basis
in a way that is mutually beneficial.
* * * * * * *
[Subpart 3--School-Based Meals for Volunteer Older Individuals and
Multigenerational Programs
[SEC. 338. ESTABLISHMENT.
[(a) In General.--The Assistant Secretary shall establish
and carry out, under State plans approved under section 307, a
program for making grants to States to pay for the Federal
share of establishing and operating projects in public
elementary and secondary schools (including elementary and
secondary schools for Indian children operated with Federal
assistance, or operated by the Department of the Interior, and
referred to in section 1005(d)(2) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 2711(d)(2)) that--
[(1) provide hot meals, each of which ensures a
minimum of one-third of the daily recommended dietary
allowances as established by the Food and Nutrition
Board of the National Research Council of the National
Academy of Sciences, to volunteer older individuals--
[(A) while such schools are in session;
[(B) during the summer; and
[(C) unless waived by the State involved, on
the weekdays in the school year when such
schools are not in session;
[(2) provide multigenerational activities in which
volunteer older individuals and students interact;
[(3) provide social and recreational activities for
volunteer older individuals;
[(4) develop skill banks that maintain and make
available to school officials information on the skills
and preferred activities of volunteer older
individuals, for purposes of providing opportunities
for such individuals to serve as tutors, teacher aides,
living historians, special speakers, playground
supervisors, lunchroom assistants, and in other roles;
and
[(5) provide opportunities for volunteer older
individuals to participate in school activities (such
as classes, dramatic programs, and assemblies) and use
school facilities.
[(b) Federal Share.--The Federal share of the cost of
establishing and operating nutrition and multigenerational
activities projects under this subpart shall be 85 percent.
[SEC. 338A. APPLICATION AND SELECTION OF PROVIDERS.
[(a) Contents of Application.--To be eligible to carry out
a project under the program established under this subpart, an
entity shall submit an application to a State agency. Such
application shall include--
[(1) a plan describing the project proposed by the
applicant and comments on such plan from the
appropriate area agency on aging and the appropriate
local educational agency (as defined in section 14101
of the Elementary and Secondary Education Act of 1965);
[(2) an assurance that the entity shall pay not more
than 85 percent of the cost of carrying out such
project from funds awarded under this subpart;
[(3) an assurance that the entity shall pay not less
than 15 percent of such cost, in cash or in kind, from
non-Federal sources;
[(4) information demonstrating the need for such
project, including a description of--
[(A) the nutrition services and other
services currently provided under this part in
the geographic area to be served by such
project; and
[(B) the manner in which the project will be
coordinated with such services; and
[(5) such other information and assurances as the
Assistant Secretary may require by regulation.
[(b) Selection Among Applicants.--In selecting grant
recipients from among entities that submit applications under
subsection (a) for a fiscal year, the State agency shall--
[(1) give first priority to entities that carried out
a project under this subpart in the preceding fiscal
year;
[(2) give second priority to entities that carried
out a nutrition project under subpart 1 or title VI in
the preceding fiscal year; and
[(3) give third priority to entities whose
applications include a plan that involves a school with
greatest need (as measured by the dropout rate, the
level of substance abuse, and the number of children
who have limited-English proficiency or who participate
in programs under section 1114 of the Elementary and
Secondary Education Act of 1965).
[SEC. 338B. REPORTS.
[(a) Reports by States.--Not later than 60 days after the
end of a fiscal year for which a State receives a grant under
this subpart, such State shall submit to the Assistant
Secretary a report evaluating the projects carried out under
this subpart by such State in such fiscal year. Such report
shall include for each project--
[(1) a description of--
[(A) persons served;
[(B) multigenerational activities carried
out; and
[(C) additional needs of volunteer older
individuals and students; and
[(2) recommendations for any appropriate
modifications to satisfy the needs described in
paragraph (1)(C).
[(b) Reports by Assistant Secretary.--Not later than 120
days after the end of a fiscal year for which funds are
appropriated to carry out this subpart, the Assistant Secretary
shall submit to the Speaker of the House of Representatives and
the President pro tempore of the Senate a report summarizing,
with respect to each State, the reports submitted under
subsection (a) for such fiscal year.]
Subpart [4] 3--General Provisions
* * * * * * *
[SEC. 339A. PAYMENT REQUIREMENT.
[Payments made by a State agency or an area agency on aging
for nutrition services (including meals) provided under part A,
B, or C may not be reduced to reflect any increase in the level
of assistance provided under section 311.]
[Part D--In-Home Services for Frail Older Individuals
[program authorized
[Sec. 341. (a) The Assistant Secretary shall carry out a
program for making grants to States under State plans approved
under section 307 to provide in-home services to frail older
individuals, including in-home supportive services for older
individuals who are victims of Alzheimer's disease and related
disorders with neurological and organic brain dysfunction, and
to the families of such victims.
[(b) In carrying out the provisions of this part, each area
agency on aging shall coordinate with other community agencies
and voluntary organizations providing counseling and training
for family caretakers and support service personnel in
management of care, functional and needs assessment services,
assistance with locating, arranging for, and coordinating
services, case management, andcounseling prior to admission to
nursing home to prevent premature institutionalization.
[definition of in-home services
[Sec. 342. For purposes of this part, the term ``in-home
services'' includes--
[(1) homemaker and home health aides;
[(2) visiting and telephone reassurance;
[(3) chore maintenance;
[(4) in-home respite care for families, and adult day
care as a respite service for families;
[(5) minor modification of homes that is necessary to
facilitate the ability of older individuals to remain
at home and that is not available under other programs,
except that not more than $150 per client may be
expended under this part for such modification;
[(6) personal care services; and
[(7) other in-home services as defined--
[(A) by the State agency in the State plan
submitted in accordance with section 307; and
[(B) by the area agency on aging in the area
plan submmitted in accordance with section 306.
[state criteria
[Sec. 343. The State agency shall develop eligibility
criteria for providing in-home services to frail older
individuals which shall take into account--
[(1) age;
[(2) greatest economic need;
[(3) noneconomic factors contributing to the frail
condition; and
[(4) noneconomic and nonhealth factors contributing
to the need for such services.
[maintenance of effort
[Sec. 344. Funds made available under this part shall be in
addition to, and may not be used to supplant, any funds that
are or would otherwise be expended under any Federal, State, or
local law by a State or unit of general purpose local
government (including area agencies on aging which have in
their planning and services areas existing services which
primarily serve older individuals who are victims of
Alzheimer's disease and related disorders with neurological and
organic brain dysfunction, and the families of such victims).
[Part E--Additional assistance for Special Needs of Older Individuals
[program authorized
[Sec. 351. The Assistant Secretary shall carry out a
program for making grants to States under State plans approved
under section 307 to provide services, consistent with the
purpose of this title, designed to satisfy special needs of
older individuals. Such services include--
[(1) transportation associated with services provided
under this title;
[(2) outreach regarding such services;
[(3) targeting such services to older individuals
with greatest economic need or greatest social need;
[(4) services under the ombudsman program established
under titles III and VII in accordance with section
712; and
[(5) any other service under this title--
[(A) for which the State demonstrates to
satisfaction of the Assistant Secretary that
there is unmet need; and
[(B) which is appropriate to improve the
quality of life of older individuals,
particularly those with greatest economic need
and those with greatest social need.]
Part [F.]D--Disease prevention and health promotion services
* * * * * * *
[SEC. 363. DEFINITION.
[As used in this part, the term ``disease prevention and
health promotion services'' means--
[(1) health risk assessments;
[((2) routine health screening, which may include
hypertension, glaucoma, cholesterol, cancer, vision,
hearing, diabetes, and nutrition screening;
[(3) nutritional counseling and educational services
for individuals and their primary caregivers;
[(4) health promotion programs, including programs
relating to chronic disabling conditions (including
osteoporosis and cardiovascular disease) prevention and
reduction of effects, alcohol and substance abuse
reduction, smoking cessation, weight loss and control,
and stress management;
[(5) programs regarding physical fitness, group
exercise, and music, art, and dance-movement therapy,
including programs for multigenerational participation
that are provided by--
[(A) an institution of higher education;
[(B) a local educational agency, as defined
in section 14101 of the Elementary and
Secondary Education Act of 1965; or
[(C) a community-based organization;
[(6) 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;
[(7) screening for the prevention of depression,
coordination of community mental health services,
provision of educational activities, and referral to
psychiatric and psychological services;
[(8) 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.);
[(9) medication management screening and education to
prevent incorrect medication and adverse drug
reactions;
[(10) information concerning diagnosis, prevention,
treatment, and rehabilitation of age-related diseases
and chronic disabling conditions, including
osteoporosis, cardiovascular diseases, and Alzheimer's
disease and related disorders with neurological and
organic brain dysfunction;
[(11) gerontological counseling; and
[(12) counseling regarding social services and
followup health services based on any of the services
described in paragraphs (1) through (11).
The term shall not include services for which payment may be
made under title XVIII of the Social Security Act (42 U.S.C.
1395 et seq.).]
* * * * * * *
[Part G--Supportive Activities for Caretakers Who Provide In-Home
Services to Frail Older Individuals
[SEC. 381. PROGRAM AUTHORIZED.
[The Assistant Secretary shall carry out a program for
making grants to States under State plans approved under
section 307 to carry out a program to provide supportive
activities for caretakers who provide in-home services to frail
older individuals (including older individuals who are victims
of Alzheimer's disease or related disorders with neurological
and organic brain dysfunction). Such supportive activities may
include--
[(1) providing training and counseling for such
caretakers;
[(2) technical assistance to such caretakers to
assist them to form or to participate in support
groups;
[(3) providing information--
[(A) to frail older individuals and their
families regarding how to obtain in-home
services and respite services; and
[(B) to caretakers who provide such services,
regarding--
[(i) how to provide such services;
and
[(ii) sources of nonfinancial support
available to them as a result of their
providing such services; and
[(4) maintaining lists of individuals who provide
respite services for the families of frail older
individuals.
[SEC. 382. DEFINITIONS.
[For purposes of this part, the term ``in-home services''
has the meaning given such term in section 342.
[SEC. 383. MAINTENANCE OF EFFORT.
[Section 344 shall apply with respect to funds made
available under this part, in the same manner as such section
applies to funds made available under part D.]
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.--In providing the services under
subsection (a), an area agency on aging, or entity that such
agency has contracted with, shall provide--
(1) information to eligible caregivers about
available services;
(2) assistance to eligible caregivers in gaining
access to the services;
(3) individual counseling, organization of support
groups, and caregiver training to eligible caregivers
to assist the caregivers in making decisions and
solving problems relating to their caregiving roles;
(4) respite care to enable eligible caregivers to be
temporarily relieved from their caregiving
responsibilities; and
(5) supplemental services, on a limited basis, to
complement the care provided by eligible caregivers.
(c) Eligibility and Priority.--
(1) Eligibility.--In order for a family caregiver, or
a grandparent or older individual who is a relative
caregiver, to be eligible to receive services provided
by a State program under this subpart, the State shall
find that--
(A) the caregiver is a caregiver described in
paragraph (1) or (2) of subsection (a); and
(B) in the case of a caregiver providing care
to an older individual, the older individual
meets the condition specified in subparagraph
(A)(i) or (B) of section 102(28).
(2) Priority.--In providing services to a family
caregiver, or a grandparent or older individual who is
a relative caregiver, the State shall give priority for
services to older individuals with greatest social
need, older individuals with greatest economic need,
and older individuals providing care and support to
persons with mental retardation and related
developmental disabilities (as defined in section 102
of the Developmental Disabilities Assistance and Bill
of Rights Act (42 U.S.C. 6001)) (referred to in this
subpart as `developmental disabilities') consistent
with the requirements of section 305(a)(2)(E).
(d) Coordination With Service Providers.--In carrying out
this subpart, each area agency on aging shall coordinate the
activities of the agency, or entity that such agency has
contracted with, with the activities of other community
agencies and voluntary organizations providing the types of
services described in subsection (b).
(e) Quality Standards and Mechanisms and Accountability.--
(1) Quality standards and mechanisms.--The State
shall establish standards and mechanisms designed to
assure the quality of service 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)(1) In general.--From the sums appropriated under
subsection 303(e) for each fiscal year, the Assistant Secretary
shall allot to each State an amount that bears the same ratio
to such sums as the product of the--
(A) elderly in need percentage; and
(B) the caregiver allotment percentage.
(2) Elderly in need percentage.--
(A) In general.--The term ``elderly in need
percentage'', used with respect to a State means the
sum of--
(i) the product of--
(I) 0.58; and
(II) the number of individuals who
are age 60 or older in the State
divided by the number of such
individuals in all States;
(ii) the product of--
(I) 0.03; and
(II) the number of individuals who
are ages 70 through 74 in the State
divided by the number of such
individuals in all States;
(iii) the product of--
(I) 0.08; and
(II) the number of individuals who
are ages 75 through 79 in the State
divided by the number of such
individuals in all States;
(iv) the product of--
(I) 0.09; and
(II) the number of individuals who
are ages 80 through 84 in the State
divided by the number of such
individuals in all States;
(v) the product of--
(I) 0.15; and
(II) the number of individuals who
are age 85 or older in the State
divided by the number of such
individuals in all States;
(vi) the product of--
(I) 0.03; and
(II) the number of individuals age 60
or older in the State who are below the
Federal poverty line as determined
under the current population survey by
the Bureau of the Census, using the
most recent 3-year arithmetic mean of
the population surveys from such 3
years, divided by the number of such
individuals in all States; and
(vii) the product of--
(I) 0.04; and
(II) the number of individuals who
are age 60 or older in the State who
are of the nonwhite population as
reported by the Bureau of the Census,
divided by the number of such
individuals in all States.
(B) Puerto Rico.--
(i) Poverty line.--With respect to
subparagraph (A)(vi), the number of individuals
age 60 or older in Puerto Rico who are below
the Federal poverty line shall be the product
of the population aged 60 or older in Puerto
Rico and the percentage of individuals aged 60
and older living in poverty in the State with
the highest such percentage.
(ii) Nonwhite population.--With respect to
subparagraph (A)(vii), the nonwhite population
for Puerto Rico shall be the product of the
population aged 60 or older in Puerto Rico and
the percentage of the nonwhite population in
all States.
(3) Caregiver allotment percentage.--
(A) In general.--The term ``caregiver allotment
percentage'', used with respect to a State, means the
result obtained by subtracting from 1 the product of--
(i) 0.65; and
(ii) the result obtained by dividing the
total taxable resources percentage for the
State by the elderly in need percentage
described in paragraph (2).
(B) Total taxable resources percentage.--The term
``total taxable resources percentage'' means the total
taxable resources of the State divided by the total
taxable resources of all States.
(C) Total taxable resources.--The term ``total
taxable resources'' means the most recent 3-year
arithmetic mean of the total taxable resources of the
State as determined by the Secretary of the Treasury.
(D) Limitations.--
(i) In general.--The caregiver allotment
percentage shall not be less than 0.32 and
shall not be more than 0.40.
(ii) Puerto rico.--The caregiver allotment
percentage for Puerto Rico shall be 0.40.
(4) Minimum.--In determining the amount allotted under
paragraph (1), no State shall receive less than \1/2\ of 1
percent of the sum appropriated for the fiscal year for which
the determination is made.
(5) Guam and the United States Virgin Islands shall each be
allotted not less than one-fourth of 1 percent of the sum
appropriated for the fiscal year for which the determination is
made.
(6) American Samoa and the Commonwealth of the Northern
Mariana Islands shall each be allotted not less than one-
sixteenth 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 paragraph (4) only, the term
``State'' does not include Guam, American Samoa, the United
States Virgin Islands, 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.
(h) Report on Allotment Formula.--
(1) Study.--The Assistant Secretary shall enter into
a contract with a public or private entity, subject to
subsection (2), for the purpose of conducting a study
or studies concerning the statutory formula under which
funds made available under section 303(f) are allocated
among the States and territories. Such study or studies
shall include--
(i) an assessment of the degree to which the
formula allocates funds according to the
respective needs of the States and territories;
(ii) a review of relevant research regarding
the incidence of disability and the need for
caregiving supportive services among older
individuals and geographic regions of the
country;
(iii) an assessment of the validity and
relevance of the factors currently included in
the formula, such as age, poverty, and minority
status;
(iv) an identification of factors not
included in the formula that are reliable
predictors of the incidence of disability and
the need for caregiving supportive services;
(v) any other information that would
contribute to a thorough assessment of the
appropriateness of the current formula.
(2) National academy of sciences.--The Assistant
Secretary shall request the National Academy of
Sciences to enter into the contract under subsection
(1) to conduct the described study. If such Academy
declines to conduct the study,, the Assistant Secretary
shall carry out such study through another public or
private entity.
(3) Report.--The Assistant Secretary shall ensure
that not later than 12 months after the date of
enactment of this Act, the study required under (1) is
completed and a report describing the findings made as
a result of such study is submitted to the Committee on
Health, Education, Labor, and Pensions of the Senate
and the Committee on Education and the Workforce of the
House.
(4) Consultation.--The entity preparing the report
required under (3) shall consult with the Comptroller
General of the United States. The Comptroller General
shall review the study after its transmittal to the
committees described in (3) and within four months make
appropriate recommendations concerning such report to
such committees.
SEC. 374. MAINTENANCE OF EFFORT.
Funds made available under this subpart shall supplement,
and not supplant, and 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.
Supart 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 minority caregivers and 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 Sates 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.
[statement of purpose
[Sec. 401. It is the purpose of this title to expand the
Nation's knowledge and understanding of aging and the aging
process, to design and test innovative ideas in programs and
services for older individuals, and publicly disseminate the
results of the tests, to replicate such programs and services
under this Act, and to help meet the needs for trained
personnel in the field of aging through--
[(1) placing a priority on the education and training
of personnel to work with and on behalf of older
individuals, with special emphasis on minority
individuals, low-income individuals, frail individuals,
and individuals with disabilities;
[(2) research and development of effective practices
in the field of aging;
[(3) demonstration projects directly related to the
field of aging; and
[(4) dissemination of information on aging and the
aging process acquired through such programs to public
and private organizations or programs for older
individuals.
[administration
[Sec. 402. (a) In order to carry out the provisions of this
title effectively, the Assistant Secretary shall administer
this title through the Administration.
[(b) In carrying out the provisions of this title, the
Assistant Secretary may request the technical assistance and
cooperation of the Department of Education, the National
Institutes of Health, the Department of Veterans Affairs, the
Substance Abuse and Mental Health Services Administration, and
such other agencies and departments of the Federal Government
as may be appropriate.
[(c) The Assistant Secretary shall ensure that grants and
contracts under this title are equitably awarded to agencies,
organizations, and institutions representing minorities.
[(d) The Assistant Secretary shall, in developing
priorities, consistent with the requirements of this title, for
awarding grants and entering into contracts under this title,
consult annually with State agencies, area agencies on aging,
recipients of grants under title VI, institutions of higher
education, organizations representing beneficiaries of services
under this Act, and other organizations, and individuals, with
expertise in aging issues.
[(e) The Assistant Secretary shall ensure that grants and
contracts awarded under this title--
[(1) are evaluated for their benefit to older
individuals, and to programs under this Act; and
[(2) comply with the requirements under this Act.
[Part A--Education and Training
[purpose
[Sec. 410. The purpose of this part is to improve the
quality of service and to help meet critical shortages of
adequately trained personnel for programs in the field of aging
by--
[(1) identifying both short- and long-range manpower
needs in the field of aging;
[(2) providing a broad range of educational and
training opportunities to meet those needs;
[(3) attracting a greater number of qualified
personnel, with particular emphasis on attracting
minority individuals, into the field of aging;
[(4) helping to upgrade personnel training programs
to make them more responsive to the need in the field
of aging; and
[(5) establishing and supporting multidisciplinary
centers of perontology (including centers of
gerontology to improve, enhance, and expand minority
personnel and training programs) and providing special
emphasis that will improve, enhance, and expand
existing training programs.
[grants and contracts
[Sec. 411. (a) The Assistant Secretary shall make grants
and enter into contracts to achieve the purpose of this part.
The purposes for which such grants and contracts shall be made
include the following:
[(1) To provide comprehensive and coordinated
nondegree education, training programs, and curricula
at institutions of higher education and at other
research, training, or educational organizations, for
practitioners in the fields of nutrition, health
(including mental health) care, gerontology, supportive
services, housing, and long-term care, including the
expansion and enhancement of existing in service
education and training programs.
[(2) To provide in service training opportunities to
the personnel of State offices, area agencies on aging,
senior centers, and nutrition and counseling programs
to strengthen their capacity to remain responsive to
the needs of older individuals, with special emphasis
on using culturally sensitive practices.
[(3) To provide courses on aging and the
dissemination of information about aging to the public
through institutions of higher education and other
public and nonprofit private organizations and
agencies.
[(4) To provide in-serve training opportunities and
courses of instruction on aging to Indian tribes
through public and nonprofit Indian aging
organizations.
[(5) To provide annually a national meeting to train
directors of programs under title VI.
[(b) To achieve the purpose of this title, the
Administration shall conduct both--
[(1) long-term educational activities to prepare
personnel for careers in the field of aging; and
[(2) short-term in service training and continuing
education activities for State agency and area agency
on aging personnel, and other personnel, in the field
of aging or preparing to enter the field of aging.
[(c) In making grants and contracts under this part, the
Assistant Secretary shall give special consideration to the
recruitment and training of personnel, volunteers, and those
individuals preparing for employment in that part of the field
of aging which relates to providing services to individuals
with disabilities and to individuals with Alzheimer's disease
and related disorders with neurological and organic brain
dysfunction and providing family respite services with respect
to such individuals.
[(d) In making grants or contracts under this part, the
Assistant Secretary shall ensure that all projects and
activities related to personnel training shall include specific
data on the number of individuals to be trained and the number
of older individuals to be served through such raining
activities by public and nonprofit agencies, State and area
agencies on aging, institutions of higher education, and other
organizations.
[(e) From amounts appropriated under section 431(b), the
Assistant Secretary shall make grants and enter into contracts
under this part to establish and carry out a program under
which service providers (including family physicians, clergy,
and other professionals) will receive training--
[(1) comprised of--
(A) intensive regarding normal aging,
recognition of problems of older individuals,
and communication with providers of mental
health services; and
(B) advanced clinical training regarding
means of assessing and treating the problems of
older individuals;
[(2) provided by--
(A) faculty and graduate students in programs
of human development and family studies at an
institution of higher education;
(B) mental health professionals; and
(C) nationally recognized consultants with
expertise regarding the mental health problems
of individuals residing in rural areas; and
[(3) held in public hospitals throughout each State
in which the program is carried out.
[multidisciplinary centers of gerontology
[Sec. 412. (a) 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 and minority populations). Such
centers shall conduct research and policy analysis and function
as a technical resource for the Assistant Secretary,
poliymakers, service providers, and the Congress.
Multidisciplinary centers of gerontology shall--
[(1) recruit and train personnel;
[(2) conduct basic and applied research toward the
development of information related aging;
[(3) stimulate the incorporation of information on
aging into the teaching of biological, behavioral, and
social sciences at colleges and universities;
[(4) 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;
[(5) serve as a repository of information and
knowledge on aging;
[(6) 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
[(7) if appropriate, provide information relating to
assistive technology.
[(b) Centers supported under this section shall provide
data to the Assistant Secretary on the projects and activities
for whichfunds are provided under this title. Such data shall
include the number of personnel trained, the number of older
individuals served, the number of schools assisted, and other
information that will facilitate achieving the objectives of this Act.
[Part B--Research, Demonstrations, and Other Activities
[purpose
[Sec. 420. The purpose of this part is to improve the quality
and efficiency of programs serving older individuals through
research and development projects, and demonstration projects,
designed to--
[(1) develop and synthesize knowledge about aging
from multidisciplinary perspectives;
[(2) establish an information base of data and
practical experience;
[(3) examine effective models of planning and
practice that will improve or enhance services provided
under other provisions of this Act;
[(4) evaluate the efficacy, quality, efficiency, and
accessibility of programs and services for older
individuals; and
[(5) develop, implement, and evaluate innovative
planning and practice strategies to address the needs,
concerns, and capabilities of older individuals.
[research and development projects
[Sec. 421. (a) The Assistant Secretary may make grants to any
public or nonprofit private agency, organization, or
institution, and may enter into contracts with any agency,
organization, institution, or individual to support research
and development related to the objectives of this Act,
evaluation of the results of such research and development
activities, and collection and dissemination of information
concerning research findings, demonstration results, and other
materials developed in connection with activities assisted
under this title, and conducting of conferences and other
meetings for purposes of exchange of information and other
activities related to the purpose of this title. Appropriate
provisions for the dissemination of resulting information shall
be a requirement for all grants made under this section.
[(b) Each research and development activity proposal for
which funds are requested under subsection (a) shall include a
concise policy or practical application statement.
[(c)(1) The Assistant Secretary shall select, to the extent
practicable, for assistance under subsection (a) research
activities which will, not later than three years after the
date of the enactment of the Older Americans Act Amendments of
1984, collectively--
[(A) contribute to the establishment and maintenance
of demographic data base which contains information on
the population of older individuals generally and older
individuals categorized by age, sex, race, geographical
location, and such other factors as the Assistant
Secretary deems useful for the purpose of formulating
public policy;
[(B) identify the future needs of older individuals;
[(C) identify the kinds and comprehensiveness of
programs required to satisfy such needs; and
[(D) identify the kinds and number of personnel
required to carry out such programs.
[(2) The Assistant Secretary shall select, to the extent
practicable, for assistance under subsection (a) demonstration
projects which test research results and implement innovative
ways of satisfying the needs of, and delivering services to,
older individuals.
[demonstration projects
[Sec. 422. (a)(1) The Assistant Secretary may, after
consultation with the State agency in the State involved, make
grants to any public agency or nonprofit private organization
or enter into contracts with any agency or organization within
such State for paying part or all of the cost of developing or
operating nationwide, statewide, regional, metropolitan area,
county, city, or community model projects which will
demonstrate methods to improve or expand supportive services or
nutrition services or otherwise promote the well-being of older
individuals. The Assistant Secretary shall give special
consideration to the funding of rural area agencies on aging to
conduct model projects devoted to the special needs of older
individuals residing in rural areas. Such projects shall
include alternative health care delivery systems, advocacy and
outreach programs, and transportation services.
[(2) The Assistant Secretary may, after consultation with the
State agency in the State involved, make grants to or enter
into contracts with public or private 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
prototype health education and promotion program for the use of
State and area agencies on aging in implementing disease
prevention and health promotion programs (including coordinated
multidisciplinary research projects on the aging process).
[(b) In making grants and contracts under subsection (a)(1),
the Assistant Secretary shall give special consideration to
projects designed to--
[(1) meet the supportive services needs of older
individuals who are victims of Alzheimer's disease and
related disorders with neurological and organic brain
dysfunction and their families, including--
[(A) home health care for such victims;
[(B) adult day health care for such victims;
and
[(C) homemaker aides, transportation, and in-
home respite care for the families,
particularly spouses, of such victims;
[(2) meet the special health care needs of older
individuals, including--
[(A) the location of older individuals who
are in need of mental health services;
[(B) the provision of, or arrangement for the
provision of, medical differential diagnoses of
older individuals to distinguished between
their need for mental health services and other
medical care;
[(C) the specification of the mental health
needs of older individuals, and the mental
health and support services required to meet
such needs;
[(D) the provision of--
[(i) the mental health and support
services specified in subclause (C) in
the communities; or
[(ii) such services for older
individuals in nursing homes and
intermediate care facilities, and
training of the employees of such homes
and facilities in the provision of such
services; and
[(E) the identification and provision
of services to older individuals with
severe disabilities;
(3) assist in meeting the special housing needs of
older individuals by--
[(A) providing financial assistance
to such individuals, who own their own
homes, necessary to enable them (i) to
make the repairs or renovations to
their homes, which are necessary for
them to meet minimum standards, and
(ii) to install security devices, and
to make structural modifications or
alterations, designed to prevent
unlawful entry; and
[(B) studying and demonstrating
methods of adapting existing housing,
or construction of new housing, to meet
the needs of older individuals
suffering from physical disabilities;
[(4) provide education and training to designed to
enable them to lead more productive lives by broadening
the education, occupational, cultural, or social
awareness of such older individuals;
[(5) provide preretirement education information and
relevant services (including the training of personnel
to carry out such programs and the conduct of research
with respect to the development and operation of such
programs) to individuals planning retirement;
[(6) meet the special needs of, and improve the
delivery of services to, older individuals who are not
receiving adequate services under other provisions of
this Act, with emphasis on the needs of low-income,
minority, Indian, and limited English-speaking
individuals and older individuals residing in rural
areas;
[(7) develop or improve methods of coordinating all
available supportive services for the homebound
elderly, blind, and disabled by establishing
demonstration projects in ten States, in accordance
with subsection (c);
[(8) improve transportation systems for older
individuals residing in rural areas;
[(9) provide expanded, innovative volunteer
opportunities to older individuals which are designed
to fulfill unmet community needs, while at the same
time avoiding duplication of existing volunteer
programs, which may include projects furnishing
multigenerational services by older individuals
addressing the needs of children, such as--
[(A) tutorial services in elementary and
special schools;
[(B) after school programs for latchkey
children; and
[(C) voluntary services for child care and
youth day care programs;
[(10) meet the service needs of older individuals who
provide uncompensated care to their adult children with
disabilities; for supportive services relating to such
care, including--
[(A) respite services; and
[(B) legal advice, information, and referral
services to assist such older individuals with
permanency planning for such children;
[(11) advance the understanding of the efficacy and
benefits of providing music therapy, art therapy, or
dance-movement therapy to older individuals through--
[(A) projects that--
[(i) study and demonstrate the
provision of music therapy, art
therapy, or dance-movement therapy to
older individuals who are
institutionalized or at risk of being
institutionalized; and
[(ii) provide music therapy, art
therapy, or dance-movement therapy--
[(I) in nursing homes,
hospitals, rehabilitation
centers, hospices, or senior
centers;
[(II) through disease
prevention and health promotion
services programs established
under part F of title III;
[(III) through in-home
services programs established
under part D of title III;
[(IV) through
multigenerational activities
described in section
307(a)(41)(B) or subpart 3 of
part C of title III;
[(V) through supportive
services described in section
321(a)(21); or
[(VI) through disease
prevention and health promotion
services described in section
363(5); and
[(B) education, training, and information
dissemination projects, including--
[(i) projects for their provision of
gerontological training to music
therapists, and education and training
of individuals in the aging network
regarding the efficacy and benefits of
music therapy for older individuals;
and
[(ii) projects for disseminating to
the aging network and to music
therapists background materials on
music therapy, best practice manuals,
and other information on providing
music therapy to older individuals; and
[(12)(A) establish, in accordance with subparagraph
(B), nationwide, statewide, regional, metropolitan
area, county, city, or community model volunteer
service credit projects to demonstrate methods to
improve or expand supportive services or nutrition
services, or otherwise promote the wellbeing of older
individuals.
[(B) for purposes of paying part or all of the cost
of developing or operating the projects, in the fiscal
year, make not fewer than three and not more than five
grants to, or contracts with, public agencies or
nonprofit private organizations in such State; and
[(C) ensure that the projects will be operated in
consultation with the Corporation for National and
Community Service and will permit older individuals who
are volunteers to earn, for services furnished, credits
that may be redeemed later for similar volunteer
services.
[(c) The Assistant Secretary shall consult with the
Assistant Secretary of the Rehabilitation Service
Administration, the Assistant Secretary of the Social Security
Administration, and the Surgeon General of the Public Health
Service, to develop procedures for--
[(1) identifying elderly, blind, and disabled
individuals who need supportive services;
[(2) compiling a list in each community of all
services available to the elderly, blind, and disabled;
and
[(3) establishing an information and assistance
service within the appropriate community agency to--
[(A) inform those in need of the availability
of such services; and
[(B) coordinate the delivery of such services
to the elderly, blind, and disabled.
The Assistant Secretary shall establish procedures for
administering demonstration projects under subsection (b)(6)
not later than 6 months after the effective date of this
subsection. The Assistant Secretary shall report to the
Congress with respect to the results and findings of the
demonstration projects conducted under this section at the
completion of the projects.
[(d)(1) Whenever appropriate, grants made and contracts
entered into under this section shall be developed in
consultation with an appropriate gerontology center.
[(2)(A) Grants made and contracts entered into under this
section shall include provisions for the appropriate
dissemination of project results.
[(B) An agency or organization that receives a grant or
enters into a contract to carry out a project described in
subparagraph (A) or (b)(i) of subsection (b)(1) shall submit to
the Assistant Secretary a report containing--
[(i) the results, and findings based on the results,
of such project; and
[(ii) the recommendations of the agency or
organization, if the agency or organization provided
music therapy, regarding means by which music therapy
could be made available, in an efficient and effective
manner, to older individuals who would benefit from the
therapy.
SEC. 423. SPECIAL PROJECTS IN COMPREHENSIVE LONG-TERM CARE.
[(a) Definitions.--As used in this section:
[(1) Project.--The term ``Project'' means a Project
to Improve the Delivery of Long-Term Care Services.
[(2) Resource center.--The term ``Resources Center''
means a Resources Center for Long-Term Care.
[(b) Resource Centers.--
[(1) Grants and Contracts.--The Assistant Secretary
shall award grants to, or enter into contracts with,
eligible entities to support the establishment or
operation of not fewer than four and not more than
seven Resource Centers in accordance with paragraph
(2).
[(2) Requirements.--
[(A) Functions.--Each Resources Center that
receives funds under this subsection shall,
with respect to subjects within an area of
specialty of the Resource Center--
[(i) perform research;
[(ii) provide for the dissemination
of results of the reseach; and
[(iii) provide technical assistance
and training to State agencies and area
agencies on aging.
[(B) Area of speciality.--For purposes of
subparagraph (A) the term ``area of
speciality'' means.
[(i) Alzneimer's disease and related
dementias, and other cognitive
impairments;
[(ii) client assessment and case
management;
[(iii) data collection and analysis;
[(vi) home modification and
supportive services to enable older
individuals to remain in their homes;
[(v) consolidation and coordination
of services;
[(vi) linkages between acute care,
rehabilitative services, and long-term
care, facilities and providers;
[(vii) decisionmaking and bioethics;
[(viii) supply, training, and quality
of long-term care personnel, including
those who provide rehabilitive
services;
[(ix) rural issues, including
barriers to access to services;
[(x) chronic mental illness;
[(xi) populations with greatest
social need and populations with
greatest economic need, with particular
attention to low-income minorities; and
[(xii) an area of importance as
determined by the Assistant Secretary.
[(c) Projects.--The Assistant Secretary shall award grants
to, or enter into contracts with, eligible entities to support
the entities in establishing and carrying out not fewer than 10
Projects.
[(d) Use of Funds.--
(1) In general.--Except as provided, in paragraph
(2), an eligible entity may use funds received under a
grant or contract--
[(A) described in subsection (b)(1) to pay
for part or all of the cost (including startup
cost) of establishing and operating a new
Resource Center, or of operating a Resource Center
in existence on the day before the date of the
enactment of the Older Americans Act Amendments of
1992; or
[(B) described in subsection (c) to pay for
part or all of the cost (including startup
cost) of establishing and carrying out a
Project.
[(2) Reimbursable direct services.--None of the funds
may be used to pay for direct services that are
eligible for reimbursement under title XVIII, XIX, or
XX of the Social Security Act (42 U.S.C. 1395 et seq.,
1396 et seq., or 1397 et seq.).
(e) Preference.--In awarding grants, and entering into
contracts, under this section, the Assistant Secretary shall
give preference to entities that demonstrate that--
[(1) adequate State standards have been developed to
ensure the quality of services provided under the grant
or contract; and
[(2) the entity has made a commitment to carry out
programs under the grant or contract with each State
agency responsible for the administration of title XIX
or XX of the Social Security Act.
[(f) Application.--
[(1) In general.--To be eligible to receive funds
under a grant or contract described in subsection
(b)(1) or (c), 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.
[(2) Project application.--An entity seeking a grant
or contract under subsection (c) shall submit an
application to the Assistant Secretary containing, at a
minimum--
[(A) information identifying and describing
gaps, weaknesses, or other problems in the
delivery of long-term care services in the
State or geographic area to be served by the
entity, including--
[(i) duplication of functions in the
delivery of such services, including
duplication at the State and local
level;
[(ii) fragmentation of systems,
especially in coordinating services to
populations of older individuals and
other populations;
[(iii) barriers to access for
populations with greatest social need
and populations with greatest economic
need, including minorities and
residents of rural areas;
[(iv) lack of financing for such
services;
[(v) lack of availability of
adequately trained personnel to provide
such services; and
[(vi) lack of a range of chronic care
services (including rehabilitative
strategies) that promote restoration,
maintenance, or improvement of function
in older individuals;
[(B) a plan to address the gaps, weaknesses,
and problems described in clauses (i) through
(v); and
[(C) information describing the extent to
which the entity will coordinate with area
agencies on aging and service providers in
carrying out the proposed Project.
[(g) Eligible Entities.--
[(1) Resource centers.--Entities eligible to receive
grants, or enter into contracts, under subsection
(b)(1) shall be--
[(A) institutions of higher education; and
[(B) other public agencies and nonprofit
private organizations.
[(2) Projects.--Entities eligible to receive grants,
or enter into contracts, under subsection (c) include--
[(A) State agencies; and
[(B) in consultation with State agencies--
[(i) area agencies on aging;
[(ii) institutions of higher
education; and
[(iii) other public agencies and
nonprofit private organizations.
[(h) Report.--The Assistant Secretary shall include in the
annual report to the Congress required by section 207, a report
on the grants, awarded, and contracts entered into, under this
section including--
[(1) an analysis of the relative effectiveness, and
recommendations for any changes, of the projects of
Resource Centers funded under subsection (b)(1) in the
fiscal year for which the Assistant Secretary is
preparing the annual report; and
[(2) an evaluation of the needs identified, the
agencies utilized, and the effectiveness of the
approaches used by projects funded under subsection
(c).
[(i) Availability of Funds.--The Assistant Secretary shall
make available for carrying out subsection (b) for each fiscal
year not less than the amount made available in fiscal year
1991 for making grants and entering into contracts to establish
and operate Resource Centers under section 423 as in effect on
the day before the date of the enactment of the Older Americans
Act Amendments of 1992.
[special demonstration and support projects for legal assistance for
older individuals
[Sec. 424. (a) 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
improved the delivery of legal assistance to older
individuals with social or economic needs.
[(b) Any grants or contracts made under subsection (a)(2)
shall contain assurances that the requirements of section
307(a)(15) are met.
[(c) To carry out subsection (a)(1), the Assistant
Secretary shall make grants to or enter into contracts with
national nonprofit legal assistance organizations experienced
in providing support, on a nationwide basis, to local legal
assistance providers.
[national impact activities
[Sec. 425. (a)(1) The Assistant Secretary may carry out
directly or through grants or contracts--
[(A) innovation and development projects and
activities of national significance which show promise
of having substantial impact on the expansion or
improvement of supportive services nutrition services,
or multipurpose senior centers, or otherwise promoting
the well-being of older individuals; and
[(B) dissemination of information activities related
to such programs.
[(2) The Assistant Secretary shall carry out, directly or
through grants or contracts, special training programs and
technical assistance designed to improve services to
minorities.
[(b) An amount not to exceed 15 percent of any sums
appropriated under section 431 may be used for carrying out
this section.
[utility and home heating cost demonstration projects
[Sec. 426. The Secretary may, after consultation with the
appropriate State agency, make grants to pay for part or all of
the costs of developing model projects which show promise of
relieving older individuals of the excessive burdens of high
utility service and home heating costs. Any such project shall
give special consideration to projects under which a business
concern is engaged in providing home heating oil or utility
services to low-income older individuals at a cost which is
substantially lower than providing home heating oil or utility
services to other individuals.
[ombudsman and advocacy demonstration projects
[Sec. 427. (a) The Assistant Secretary is authorized to
make grants to not less than three nor more than ten States to
demonstrate and evaluate cooperative projects between the State
longterm care ombudsman program, legal assistance agencies, and
the State protection and advocacy systems for developmental
disabilities and mental illness, established under part A of
the Developmental Disabilities Assistance and Bill of Rights
Act (42 U.S.C. 6001 et seq.) and under the Protection and
Advocacy for Mentally Ill Individuals Act of 1986 (Public Law
99-319).
[(b) The Assistant Secretary shall prepare and submit to
the Congress a report of the study and evaluation required by
subsection (a). Such report shall contain such recommendations
as the Assistant Secretary deems appropriate.
[consumer protection demonstration projects for services provided in
the home
[Sec. 428. (a)(1) The Assistant Secretary is authorized to
make grants to not fewer than 6 nor more than 10 States to
demonstrate and evaluate the effectiveness of consumer
protection projects for services (other than medical services)
provided to older individuals in the home that are furnished or
assisted with public funds.
[(2) Grants made under this section shall be used to test
different approaches to protecting older individuals with
regard to services in the home. Such projects may provide
consumer protection through State and local ombudsmen, legal
assistance agencies, and other community service agencies.
[(b) No grant may be made under this section unless an
application is made to the Assistant Secretary at such time, in
such manner, and containing such information as the Assistant
Secretary may reasonably require. Each such application shall--
[(1) described activities for which assistance is
sought;
[(2) provide for an evaluation of the activities for
which assistance is sought; and
[(3) provide assurances that the applicant will
prepare and submit a report to the Assistant Secretary
on the activities conducted with assistance under this
section and the evaluation of such activities.
[(c) In approving applications under this section, the
Assistant Secretary shall assure equitable geographic
distribution of assistance.
[(d) The Assistant Secretary shall, as part of the annual
report submitted under section 207, prepare and submit a report
on the evaluations submitted under this section, together with
such recommendations as the Assistant Secretary deems
appropriate. In carrying out this section, the Assistant
Secretary shall include in the report--
[(1) a description of the demonstration projects
assisted under this section;
[(2) an evaluation of the effectiveness of each such
project; and
[(3) recommendations of the Assistant Secretary with
respect to the desirability and feasibility of carrying
out on a nationwide basis a consumer protection program
for services in the home.
[(e) Consumer protection projects carried out under this
section--
[(1) may include, but are not limited to, consumer
education, the use of consumer hotlines, receipt and
resolution of consumer complaints, and advocacy; and
[(2) may not address medical services.
SEC. 429. 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 that 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) Awards.--In awarding grants and entering into
contracts under subsection (a), the Assistant Secretary shall
give preference to--
[(1) eligible organization with a demonstrated record
of carrying out multigenerational activities; and
[(2) eligible organization proposing projects that
will serve older individuals with greatest economic
need (with particular attention to low-income minority
individuals).
[(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 activities
assisted under the project to determine the
effectiveness of multigenerational activities, the
impact of such activities on child care and youth day
care programs, and the impact 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 name and address of the individual or
governmental entity 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 project;
[(5) a description of the success of the projects
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. 429A. SUPPORTIVE SERVICE IN FEDERALLY ASSISTED HOUSING
DEMONSTRATION PROGRAM.
[(a) Grants.--The Assistant Secretary shall award grants to
eligible agencies to establish demonstration programs to
provide services described in subsection (b) to older
individuals who are residents in federally assisted housing
(referred to in this section as ``residents'').
[(b) Use of Grants.--An eligible agency shall use a grant
awarded under subsection (a) to conduct outreach and to provide
to residents services including--
[(1) meal services;
[(2) transportation
[(3) personal care, dressing, bathing, and toileting;
[(4) housekeeping and chore assistance;
[(5) nonmedical counseling;
[(6) case management;
[(7) other services to prevent premature and
unnecessary institutionalization; and
[(8) other services provided under this Act.
[(c) Award of Grants.--The Assistant Secretary shall award
grants under subsection (a) to agencies in a variety of
geographic settings, including urban and rural settings.
[(d) Application.--To be eligible to receive a grant under
subsection (a), an agency shall submit an application to the
Assistant Secretary at such time, in such manner, and
containing such information as the Assistant Secretary may
require, including, at a minimum--
[(1) information demonstrating a lack of, and need
for, services described in subsection (b) in federally
assisted housing projects in the geographic area
proposed to be served by the applicant;
[(2) a comprehensive plan to coordinate with housing
facility management to provide services to frail older
individuals who are in danger of premature or
unnecessary institutionalization;
[(3) information demonstrating initiative on the part
of the agency to address the supportive service needs
of residents;
[(4) information demonstrating financial, in-kind, or
other support available to the applicant from State or
local governments, or from private resources;
[(5) an assurance that the agency will participate in
the development of the comprehensive housing
affordability strategy under section 105 of the
Cranston-Gonzalez National Affordable Housing act (42
U.S.C. 12705) and seek funding for supportive services
under the Department of Housing and Urban Development
or the Farmers Home Administration;
[(6) an assurance that the agency will target
services to low-income minority older individuals and
conduct outreach;
[(7) an assurance that the agency will comply with
the guidelines described in subsection (f); and
[(8) a plan to evaluate the eligibility of older
individuals for services under the federally assisted
housing demonstration program, which plan shall include
a professional assessment committee to identify such
individuals.
[(e) Eligible Agencies.--Agencies eligible to receive grants
under this section shall be State agencies and area agencies on
aging.
[(f) Guidelines.--The Assistant Secretary shall issue
guidelines for use by agencies that receive grants under this
section--
[(1) regarding the level of frailty that older
individuals shall meet to be eligible for services
under a demonstration program established under this
section; and
[(2) for accepting voluntary contributions from
residents who receive services under such a program.
[(g) Evaluations and Reports.--
[(1) Agencies.--Each agency that receives a grant
under subsection (a) to establish a demonstration
program shall, not later than 3 months after the end of
the period for which the grant is awarded--
[(A) evaluate the effectiveness of the
program; and
[(B) submit a report containing the
evaluation to the Assistant Secretary.
[(2) Assistant Secretary.--The Assistant Secretary
shall, not later than 6 months after the end of the
period for which the Assistant Secretary awards grants
under subsection (a)--
[(A) evaluate the effectiveness of each
demonstration program that receives a grant
under subsection (a); and
[(B) submit a report containing the
evaluation to the Speaker of the House of
Representatives and the President pro tempore
of the Senate.
[SEC. 429B. NEIGHBORHOOD SENIOR CARE PROGRAM.
[(a) Definitions.--As used in this section:
[(1) Health and social services.--The term ``health
and social services'' includes skilled nursing care,
personal care, social work services, homemaker
services, health and nutrition education, health
screening, home health aid services, and specialized
therapies.
[(2) Volunteer services.--The term ``volunteer
services'' includes peer counseling, chore services,
help with mail and taxes, transportation,
socialization, health and social services, and other
similar services.
[(b) Service Grants.--
[(1) In general.--The Assistant Secretary may award
grants to eligible entities to establish neighborhood
senior care programs, in order to encourage
professionals to provide volunteer services to local
residents who are older individuals and who might
otherwise have to be admitted to nursing homes and to
hospitals
[(2) Preference.--In awarding grants under this
section, the Assistant Secretary shall give preference
to applicants experienced in operating community
programs and programs meeting the independent living
needs of older individuals.
[(3) Advisory board.--The Assistant Secretary shall
establish an advisory board to provide guidance to
grant recipients regarding the neighborhood senior care
programs. Not fewer than two-thirds of the members of
the advisory board shall be residents in communities
served by the grant recipients.
[(4) 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 reasonably require. Each
application shall--
[(A) describe the activities in the program
for which assistance is sought;
[(B) describe the neighborhood in which
volunteer services are to be provided under the
program, and a plan for integration of
volunteer services within the neighborhood;
[(C)(i) provide assurances that nurses,
social workers, and community volunteers
providing volunteer services and an outreach
coordinator involved with the project live in
the neighborhood; or
[(ii)(I) reasons that it is not possible to
provide such assurances; and
[(II) assurances that nurses, social workers,
community volunteers and the outreach
coordinator will be assigned repeatedly to the
particular neighborhood; and
[(D) provide for an evaluation of the
activities for which assistance is sought.
[(c) Technical Resource Center.--The Assistant Secretary
shall, to the extent appropriations are available, enter into a
contract with an applicant described in subsection (b)(2) to
establish a technical resource center that will--
[(1) assist the Assistant Secretary in developing
criteria for, and in awarding grants to communities to
establish, neighborhood senior care organizations that
will implement neighborhood senior care programs under
subsection (b);
[(2) assist communities interested in establishing
such a neighborhood senior care program;
[(3) coordinate the neighborhood senior care
programs;
[(4) provide ongoing analysis of and collection of
data on the neighborhood senior care programs and
provide such data to the Assistant Secretary;
[(5) serve as a liaison to State agencies interested
establishing neighborhood senior care programs; and
[(6) take any further actions as required by
regulation by the Assistant Secretary.
[SEC. 429C. INFORMATION AND ASSISTANCE SYSTEMS DEVELOPMENT PROJECTS.
[(a) Grants.--The Assistant Secretary may--
[(1) make grants to State agencies, and, in
consultation with State agencies, to area agencies on
aging to support the improvement of information and
assistance services, and systems of services, operated
at the State and local levels; and
[(2) make grants to organizations to provide training
and technical assistance to State agencies, area
agencies on aging, and providers of supportive
services--
[(A) to support a national telephone access
service to inform older individuals, families,
and caregivers about State and local
information and assistance services funded
under this Act; and
[(B) to support the improvement of
information and assistance services, and
systems of services, operated at the State and
local levels.
[(b) Application.--To be eligible to receive a grant under
subsection (a) an agency or organization shall submit an
application to the Assistant Secretary at such time, in such
manner, and containing such information as the Assistant
Secretary may specify.
[(c) Guidelines.--The Assistant Secretary shall establish
guidelines for the operation of the national telephone access
services described in subsection (a)(2)(A).
[(d) Evaluation and Report.--
[(1) Evaluation.--The Assistant Secretary shall
conduct an evaluation of the effectiveness of the
national telephone service described in subsection
(a)(2)(A) in providing information and assistance
services to older individuals, families, and caregivers
about State and local information and assistance
services.
[(2) Report.--Not later than January 1, 1995, the
Assistant Secretary shall submit the evaluation
described in paragraph (1) to the Speaker of the House
of Representatives and the President pro tempore of the
Senate.
[SEC. 429D. SENIOR TRANSPORTATION DEMONSTRATION PROGRAM GRANTS.
[(a) Establishment.--The Assistant Secretary shall
establish and carry out senior transportation demonstration
programs. In carrying out the programs, the Assistant Secretary
shall award grants to not fewer than five eligible entities for
the purposes of improving the mobility of older individuals and
transportation services for older individuals (referred to in
this section as ``senior transportation services'')
[(b) Use of Funds.--Grants made under subsection (a) may be
used to--
[(1) develop innovative approaches for improving
access by older individuals to supportive service under
part B of title III, nutrition services under part C of
title III, health care, and other important services;
[(2) develop comprehensive and integrated senior
transportation services; and
[(3) leverage additional resources for senior
transportation services by--
[(A) coordinating various transportation
services; and
[(B) coordinating various funding sources for
transportation services, including--
[(i) sources of assistance under--
[(I) sections 9, 16(b)(2),
and 18 of the Urban Mass
Transportation Act of 1964 (49
U.S.C. App.); and
[(II) titles XIX and XX of
the Social Security Act (42
U.S.C. 1396 et seq. and 1397 et
seq.); and
[(ii) State and local sources.
[(c) Award of Grants.--
[(1) Preference.--In awarding grants under subsection
(a), the Assistant Secretary shall give preference to
entities that--
[(A) demonstrate special needs for enhancing
senior transportation services and resources
for the services within the geographic area
served by the entities;
[(B) establish plans to ensure that senior
transportation services are coordinated with
general public transportation services and
other specialized transportation services;
[(C) demonstrate the ability to utilize the
broadest range of available transportation and
community resources to provide senior
tranposrtation services;
[(D) demonstrate the capacity and willingness
to coordinate senior transportation services
with services provided under title III and with
general public transportation services and
other specialized transportation services; and
[(E) establish plans for senior
transportation demonstration programs designed
to serve the special needs of low-income,
rural, frail, and other at-rist, transit-
dependent older individuals.
[(2) Rural entities.--The Assistant Secretary shall
award not less than 50 percent of the grants authorized
under this section to entities located in, or primarily
serving, rural areas.
[(d) Application.--An entity that seeks a grant under this
section shall submit an application to the Assistant Secretary
at such time, in such manner, and containing such information
as the Assistant Secretary may require, including at a
minimum--
[(1) information describing senior transportation
services for which the entity seeks assistance;
[(2) a comprehensive strategy for developing a
coordinated transportation system or leveraging
additional funding resources, to provide senior
transportation services;
[(3) information describing the extent to which the
applicant intends to coordinate the services of the
applicant with the services of other transportation
providers;
[(4) a plan for evaluating the effectiveness of the
proposed senior transportation demonstration program
and preparing a report containing the evaluation to be
submitted to the Assistant Secretary; and
[(5) such other information as may be required by the
Assistant Secretary.
[(e) Eligible Entities.--Entities eligible to receive grants
under this section shall be--
[(1) State agencies;
[(2) area agencies on aging; and
[(3) other public agencies and nonprofit
organizations
[(f) Report.--
[(1) Preparation.--The Assistant Secretary shall
prepare, either directly or through grants or
contracts, annual reports on the senior transportation
demonstration programs established under this section.
The reports shall contain an assessment of the
effectiveness of each demonstration project and
recommendations regarding legislative, administrative,
and other initiatives needed to improve the access to
and effectiveness of transportation services for older
individuals.
[(2) Submission.--The Assistant Secretary shall
submit the report described in paragraph (1) to the
Speaker of the House of Representatives and the
President pro tempore of the Senate.
[SEC. 429E. RESOURCE CENTERS ON NATIVE AMERICAN ELDERS.
[(a) Establishment.--The Assistant Secretary shall make
grants or enter into contracts with not fewer than two and not
more than four eligible entities to establish and operate
Resource Centers on Native American Elders (referred to in this
section as ``Resource Centers''). The Assistant Secretary shall
make such grants or enter into such contracts for periods of
not less than 3 years.
[(b) Functions.--
[(1) In general.--Each Resource Center that receives
funds under this section shall--
[(A) gather information;
[(B) perform research;
[(C) provide for the dissemination of results
of the research; and
[(D) provide technical assistance and
training to entities that provide services to
Native Americans who are older individuals.
[(2) Areas of concern.--In conducting the functions
described in paragraph (1), 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--
[(A) health problems;
[(B) long-term care, including in-home care;
[(C) elder abuse; and
[(D) other problems and issues that the
Assistant Secretary determines are of
particular importance to Native Americans who
are older individuals.
[(c) Preference.--In awarding grants and entering into
contracts under subsection (a), the Assistant Secretary shall
give preference to institutions of higher education that have
conducted research on, and assessment of, the characteristics
and needs of Native Americans who are older individuals.
[(d) 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.
[(e) Eligible Entities.--Entities eligible to receive a grant
or enter into a contract under subsection (a) shall be
institutions of higher education with experience conducting
research and assessment on the needs of older individuals.
[(f) 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.
[SEC. 429F. DEMONSTRATION PROGRAMS FOR OLDER INDIVIDUALS WITH
DEVELOPMENTAL DISABILITIES.
[(a) Definition.--As used in this section:
[(1) Developmental disability.--The term
``developmental disability'' has the meaning given the
term in section 102(5) of the Developmental
Disabilities Assistance and Bill of Rights Act (42
U.S.C. 6001(5)).
[(2) In-home service.--The term ``in-home service''
has the meaning given the term in section 342.
[(b) Establishment.--The Assistant Secretary shall make
grants to state agencies to provide services in accordance with
subsection (c).
[(c) Use of Funds.--A State agency may use a grant awarded
under subsection (b) to provide services for older individuals
with developmental disabilities, and for older individuals with
caretaker responsibilities for developmentally disabled
children, including--
[(1) child care and youth day care programs;
[(2) programs to integrate the individuals into
existing programs for older individuals;
[(3) respite care;
[(4) transportation to multipurpose senior centers
and other facilities and services;
[(5) supervision;
[(6) renovation of multipurpose senior centers;
[(7) provision of materials to facilitate activities
for older individuals with developmental disabilities,
and for older individuals with caretaker
responsibilities for developmentally disabled children;
[(8) training of State agency, area agency on aging,
volunteer, and multipurpose senior center staff, and
other service providers, who work with such
individuals; and
[(9) in-home services.
[(d) Application.--To be eligible to receive a grant under
this section, a State agency shall submit an application to the
Assistant Secretary at such time, in such manner, and
containing such information as the Assistant Secretary may
require.
[SEC. 429G. HOUSING DEMONSTRATION PROGRAMS.
[(a) Housing Ombudsman Demonstration Programs.--
[(1) Grants.--The Assistant Secretary shall award
grants to eligible agencies to establish housing
ombudsman programs.
[(2) Use of grants.--An eligible agency shall use a
grant awarded under paragraph (1) to--
[(A) provide the services described in
subparagraph (B) through--
[(i) professional and volunteer staff
to older individuals who are--
[(I) participating in
federally assisted and other
publicly assisted housing
programs; or
[(II) seeking Federal, State,
and local housing programs; and
[(ii)(I) the State Long-Term Care
Ombudsman program under section
307(a)(12) or section 712;
[(II) a legal services or assistance
organization or through an organization
that provides both legal and other
social services;
[(III) a public or not-for-profit
social services agency; or
[(IV) an agency or organization
concerned with housing issues but not
responsible for publicly assisted
housing.
[(B) establish a housing ombudsman program
that provides information, advice, and advocacy
services including--
[(i) direct assistance, or referral
to services, to resolve complaints or
problems;
[(ii) provision of information
regarding available housing programs,
eligibility, requirements, and
application processes;
[(iii) counseling or assistance with
financial, social, familial, or other
related matters that may affect or be
influenced by housing problems;
[(iv) advocacy related to promoting--
[(I) the rights of the older
individuals who are residents
in publicly assisted housing
programs; and
[(II) the quality and
suitability of housing in the
programs; and
[(v) assistance with problems related
to housing regarding--
[(I) threats of eviction or
eviction notices;
[(II) older buildings;
[(III) functional impairments
as the impairments relate to
housing;
[(IV) unlawful
discrimination;
[(V) regulations of the
Department of Housing and Urban
Development and the Farmers
Home Administration;
[(VI) disability issues;
[(VII) intimidation,
harassment, or arbitrary
management rules;
[(VIII) grievance procedures;
[(IX) certification and
recertification related to
programs of the Department of
Housing and Urban Development
and the Farmers Home
Administration; and
[(X) issues related to
transfer from one project or
program to another;
[(3) Award of grants.--The Assistant Secretary shall
award grants under paragraph (1) to agencies in rural,
urban, and other settings.
[(4) Application.--To be eligible to receive a grant
under paragraph (1), an agency shall submit an
application to the Assistant Secretary at such time, in
such manner, and containing such information as the
Assistant Secretary may require, including, at a
minimum--
[(A) an assurance that the agency will
conduct training of professional and volunteer
staff who will provide services through the
housing ombudsman demonstration program;
[(B) in the case of an application submitted
by an area agency on aging, an endorsement of
the program by the State agency serving the
State in which the program will be established,
and an assurance by the State agency that the
agency will work with the area agency in
carrying out the program; and
[(C) a plan to involve in the demonstration
program the Secretary of the Department of
Housing and Urban Development, the
Administrator of the Farmers Home
Administration, any individual or entity
described in paragraph (2)(A) through which the
agency intends to provide the services, and other
agencies involved in publicly assisted housing
programs.
[(5) Eligible agencies.--Agencies eligible to receive
grants under this section shall include--
[(A) State agencies;
[(B) area agencies on aging; and
[(C) other nonprofit entities, including
providers of services under the State Long-Term
Care Ombudsman program and the elder rights and
legal assistance development program described
in chapters 2 and 4, respectively, of subtitle
A of title VII.
[(b) Foreclosure and Eviction Assistance and Relief
Services Demonstration Programs.--
[(1) Grants.--The Assistant Secretary shall make
grants to States to carry out demonstration programs to
develop methods of implement laws--
[(A) to prevent or delay the foreclosure on
housing owned and occupied by older individuals
or the eviction of older individuals from
housing the individuals rent;
[(B) to obtain alternative housing as a
result of such foreclosure or eviction; and
[(C) to assist older individuals to
understand the rights and obligations of the
individuals under laws relating to housing
ownership and occupancy.
[(2) Notification process.--A State that receives a
grant under paragraph (1) shall establish methods,
including a notification process--
[(A) to assist older individuals who are
incapable of, or have difficulty in,
understanding the circumstances and
consequences of foreclosure on or eviction from
housing the individuals occupy; and
[(B) to coordinate the program for which such
grant is received with the activities of tenant
organizations, tenant-landlord mediation
organizations, public housing entities, and
area agencies on aging, to provide more
effectively assistance or referral to services
to relocate or prevent eviction of older
individuals from housing the individuals
occupy.
[(c) Evaluations and Reports.--
[(1) Agencies.--Each agency or State that receives a
grant under subsection (a) or (b) to establish a
demonstration program shall, not later than 3 months
after the end of the period for which the grant is
awarded--
[(A) evaluate the effectiveness of the
program; and
[(B) submit a report containing the
evaluation to the Assistant Secretary.
[(2) Assistant secretary.--The Assistant Secretary
shall, not later than 6 months after the end of the
period for which the Assistant Secretary awards a grant
under subsection (a) or (b)--
[(A) evaluate the effectiveness of each
demonstration program that receives the grant;
and
[(B) submit a report containing the
evaluation to the Speaker of the House of
Representatives and the President pro tempore
of the Senate.
[SEC. 429H. PRIVATE RESOURCE ENHANCEMENT PROJECTS.
[(a) Grants.--
[(1) In general.--The Assistant Secretary may make
grants to, and enter into contracts with, State
agencies and area agencies on aging, to carry out
demonstration projects that generate non-Federal
resources (including cash and in-kind contributions),
in order to increase resources available to provide
additional services under title III.
[(2) Maintenance of resources.--Resources generated
with a grant made, or contract entered into, under
subsection (a) shall be in addition to, and may not be
used to supplant, any resource that is or would
otherwise be available under any Federal, State, or
local law to a State, State agency, area agency on
aging, or unit of general purpose local government (as
defined in section 302(2)) to provide such services.
[(3) Use of resources.--Resources generated with a
grant made, or a contract entered into, under
subsection (a) shall be used to provide supportive
services in accordance with title III. The requirements
under this Act that apply to funds received under title
III by States to carry out title III shall apply with
respect to such resources.
[(b) Award of Grants and Contracts.--
[(1) Regional distribution.--The Assistant Secretary
shall ensure that States and area agencies on aging in
all standard Federal regions of the United Stats,
established by the Office of Management and Budget,
receive grants and contracts under subsection (a) on an
equitable basis.
[(2) Distribution based on need.--Within such
regions, the Assistant Secretary shall give preference
to applicants that provide services under title III in
geographical areas that contain a large number of older
individuals with greatest economic need or older
individuals with greatest social need.
[(c) Monitoring.--The Assistant Secretary shall monitor
how--
[(1) grants are expended, and contracts are carried
out, under subsection (a); and
[(2) resources generated under such grants and
contracts are expended,
to ensure compliance with this section.
[SEC. 429I. CAREER PREPARATION FRO 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 received 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 effort
to increase the number of placement of Hispanic
individuals serving in faculty or
administrative position in the program.
[(2) Historically black college or university.--The
term ``historically Black college or university'' has
the meaning given the term ``part B institution'' in
section 322(2) of the Higher Education Act of 1965 (20
U.S.C. 1061(2)).
[SEC. 429J. PENSION RIGHTS DEMONSTRATION PROJECTS.
[(a) Definitions.--As used in this section:
[(1) Pension rights information program.--The term
``pension rights information program'' means a program
described in subsection (c).
[(2) 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) the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1001 et seq.).
[(b) Establishment.--The Assistant Secretary shall
establish and carry out pension rights demonstration projects.
[(c) Pension Rights Information Programs.--
[(1) Use of funds.--In carrying out the projects
specified in subsection (b), the Assistance Secretary
shall, to the extent appropriations are available,
award grants to six eligible entities to establish
programs to provide outreach, information, counseling,
referral, and assistance regarding pension and other
retirement benefits, and rights related to such
benefits.
[(2) Award of grants.--
[(A) Type of entity.--The Assistant Secretary
shall award under this subsection--
[(i) four grants to State agencies or
area agencies on aging; and
[(ii) two grants to nonprofit
organizations with a proven record of
providing--
[(I) services related to
retirement of older
individuals; or
[(II) specific pension rights
counseling.
[(B) Panel.--In awarding grants under this
subsection, the Assistant Secretary shall use a
citizen advisory panel that shall include
representatives of business, labor, national
senior advocates, and national pension rights
advocates.
[(C) Criteria.--In awarding grants under this
subsection, the Assistant Secretary, in
consultation with the panel, shall use as
critria--
[(i) evidence of commitment of an
agency or organization to carry out a
proposed pension rights information
program;
[(ii) the ability of the agency or
organization to perform effective
outreach to affected populations,
particularly populations identified as
in need of special outreach; and
[(iii) reliable information that the
population to be served by the agency
or organization has a demonstrable need
for the services proposed to be
provided under the program.
[(3) Application.--
[(A) In general.--To be eligible to received
a grant under this subsection, an entity shall
submit an application to the Assistant
Secretary at such time, in such manner, and
containing such information as the Assistant
Secretary may require, including, at a
minimum--
[(i) a plan for the establishment of
a pension rights information program to
serve a specific geographic area; and
[(ii) an assurance that staff members
(including volunteer staff members)
have no conflict of interest in
providing the services described in the
plan.
[(B) Plan.--The plan described in paragraph
(1) shall provide for a program that--
[(i) establishes a State or area
pension rights information center;
[(ii) provides counseling (including
direct counseling and assistance to
individuals needing information) and
information that may assist individuals
in establishing rights to, obtaining,
and filing claims or complaints related
to, pension and other retirement
benefits;
[(iii) provides information on
sources of pension and other retirement
benefits, including the benefits under
programs described in subsection
(a)(1);
[(iv) makes referrals to legal
services and other advocacy programs;
[(v) establishes a system of referral
to State, local, and Federal
departments or agencies related to
pension and other retirement benefits;
[(vi) provides a sufficient number of
staff positions (including volunteer
positions) to ensure information,
counseling, referral, and assistance
regarding pension and other retirement
benefits;
[(vii) provides training programs for
staff members, including volunteer
staff members of the programs described
in subsection (a)(1);
[(viii) makes recommendations to the
Administration, the Department of Labor
and other local, State, and Federal
agencies concerning issues for older
individuals related to pension and
other retirement benefits; and
[(ix) establishes an outreach program
to provide information, counseling,
referral, and assistance regarding
pension and other retirement benefits,
with particular emphasis on outreach to
women, minorities, and low-income
retirees.
[(d) Training Program.--
[(1) Use of funds.--In carrying out the projects
described in subsection (b), the Assistant Secretary
shall, to the extent appropriations are available,
award a grant to an eligible entity to establish a
training program to provide--
[(A) information to the staffs of entities
operating pension rights information programs;
and
[(B) assistance to the entities and assist
such entities in the design of program
evaluation tools.
[(2) Eligible entity.--Entities eligible to receive
grants under this subsection include nonprofit private
organizations with records 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.
[(e) Duration.--The Assistant Secretary may award grants
under subsection (c) or (d) for periods not to exceed 18
months.
[(f) Report to Congress.--
[(1) Preparation.--The Assistant Secretary shall
prepare a report that--
[(A) summarizes the distribution of funds
authorized for grants under this section and
the expenditure of such funds;
[(B) summarizes the scope and content of
training and assistance provided under a
program carried out under this section and the
degree to which the training and assistance can
be replicated;
[(C) outlines the problems that individuals
participating in programs funded under this
section encountered concerning rights related
to pension and other retirement benefits; and
[(D) makes recommendations regarding the
manner in which services provided in programs
fund under this section can be incorporated
into the ongoing programs of State agencies,
area agencies on aging, multipurpose senior
centers, and other similar entities.
[(2) Submission.--Not later than 30 months after the
date of the enactment of this section, the Assistant
Secretary shall submit the report described in
paragraph (1) to the Committee on Education and Labor
of the House of Representatives and the Committee on
Labor and Human Resources of the Senate.
[(g) Administrative Expenses.--Of the funds appropriated
under section 431(a)(1) to carry out this section for a fiscal
year, not more than $100,000 may be used by the Administration
for administrative expenses in carrying out this section.
[Part C--General Provisions
[authorization of appropriations
[Sec. 431. (a)(1) There are authorized to be appropriated
to carry out the provisions of this title (other than the
provision specified in subsection (b)) $72,000,000 for fiscal
year 1992, and such sums as may be necessary for fiscal years
1993, 1994, and 1995.
[(2) Not less than 1 percent of the amount appropriated
under paragraph (1) for each fiscal year shall be made
available to carry out section 202(d).
[(b) There are authorized to be appropriated to carry out
section 411(e), $450,000 for each of fiscal years 1992, 1993,
1994, and 1995.
[(c) No funds appropriated under this title--
[(1) may be transferred to any office or other
authority of the Federal Government which is not
directly responsible to the Assistant Secretary;
[(2) may be used for any program or activity which is
not specifically authorized by this title; or
[(3) may be combined with funds appropriated under
any other Act if the purpose of combining funds is to
make a single discretionary grant or a single
discretionary payment, unless such funds appropriated
under this title are separately identified in such
grant or payment and are used for the purpose of this
title.
[payments of grants
[Sec. 432. (a) To the extent the Assistant Secretary deems
it 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 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 under
payments) in advance or by way of reimbursement,and in such
installments and of such conditions, as the Assistant Secretary
may determine.
[(c) The Assistant Secretary shall make no grant or
contract under this title in any state which has established or
designated a State agency for purposes of title III unless the
Assistant Secretary--
[(1) consults with the State agency prior to issuing
the grant or contract; and
[(2) informs the State agency of the purposes of the
grant or contract when the grant or contract is issued.
[responsibilities of assistant secretary
[Sec. 433. (a) 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)(1) 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) 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 expanded 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)(1) 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) The Assistant Secretary shall--
[(A) make available to the public 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.
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 individual;
(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 a 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 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 professions
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 $72,000,000 for
fiscal year 2001, and such sums as may be necessary for
subsequent fiscal years.
* * * * * * *
SEC. 412. SPECIAL PROJECTS IN COMPREHENSIVE LONG-TERM CARE.
(a) Definitions.--In this section:
(1) Project.--The term ``Project'' means a Project to
Improve the Delivery of Long-Term Care Services.
(2) Resource center.--The term ``Resource Center''
means a Resource Center for Long-Term Care.
(b) Resource Center.--
(1) Grants and contracts.--The Assistant Secretary
shall award grants to, or enter into contracts with,
eligible entities to support the establishment or
operation of not fewer than 4 and not more than 7
Resource Centers in accordance with paragraph (2).
(2) Requirements.--
(A) Functions.--Each Resource Center that
receives funds under this subsection shall,
with respect to subjects within an area of
speciality of the Resource Center--
(i) perform research;
(ii) provide for the dissemination of
results of the research; and--
(iii) provide technical assistance
and training to State agencies and area
agencies on going.--
(B) Area of speciality.--For purposes of
subparagraph (A) the term ``area of
speciality'' means--
(i) Alzheimer's disease and related
dementias, and other cognitive
impairments;.
(ii) client assessment and case
management;
(iii) data collection and analysis;
(iv) home modification and supportive
services to enable older individuals to
remain in their homes;
(v) consolidation and coordination of
services;
(vi) linkages between acute care,
rehabilitative services, and long-term
care, facilities and providers;
(vii) decision making and bioethics;
(viii) supply, training, and quality
of long-term care personnel, including
those who provide rehabilitative
services;.--
(ix) rural issues, including barriers
to access to services;
(x) chronic mental illness;
(xi) populations with greatest social
need and populations with greatest
economic need, with particular
attention to low-income minorities; and
(xii) an area of importance as
determined by the Assistant Secretary.
(c) Projects.--The Assistant Secretary shall award grants
to or enter into contracts with, eligible entities to support
the entities in establishing and carrying out not fewer than 10
Projects.
(d) Use of Funds.--
(1) In general.--Except as provided in paragraph (2),
an eligible entity may use funds received under a grant
or contract--
(A) described in subsection (b)(1) to pay for
part or all of the cost (including startup
cost) of establishing and operating a new
Resource Center, or of operating a Resource
Center in existence on the day before the date
of the enactment of the Older Americans Act
Amendments of 2000; or
(B) described in subsection (c) to pay for
part or all of the cost (including startup
cost) of establishing and carrying out a
Project.
(2) Reimbursable direct services.--None of the funds
may be used to pay for direct services that are
eligible for reimbursement under title XVIII, XIX, or
XX of the Social Security Act (42 U.S.C. 1395 et seq.,
1396 et seq., or 1397 et seq.).
(e) Preference.--In awarding grants, and entering into
contracts, under this section, the Assistant Secretary shall
give preference to entities that demonstrate that--
(1) adequate State standards have been developed to
ensure the quality of service provided under the grant
or contract; and
(2) the entity has made a commitment to carry out
programs under the grant or contract with each State
agency responsible for the administration of title XIX
or XX of the Social Security Act.
(f) Application.--
(1) In general.--To be eligible to receive funds
under a grant or contract described in subsection
(b)(1) or (c), 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.
(2) Project application.--An entity seeking a grant
or contract under subsection (c) shall submit an
application to the Assistant Secretary containing, at a
minimum--
(A) information identifying and describing
gaps, weaknesses, or other problems in the
delivery of long-term care services in the
State or geographic area to be served by the
entity, including--
(i) duplication of functions in the
delivery of such services, including
duplication at the State and local
level;
(ii) fragmentation of systems,
especially in coordinating services to
populations of older individuals and
other populations;
(iii) barriers to access for
populations with greatest social need
and populations with greatest economic
need, including minorities and
residents of rural areas;
(iv) lack of financing for such
services;
(v) lack of availability of
adequately trained personnel to provide
such services; and
(vi) lack of a range of chronic care
services (including rehabilitative
strategies) that promote restoration,
maintenance, or improvement of function
in older individuals;
(B) a plan to address the gaps, weaknesses,
and problems described in clauses (i) through
(v) of subparagraph (A); and
(C) information describing the extent to
which the entity will coordinate activities
with area agencies on aging and service
providers in establishing or operating the
proposed Resource Center or carrying out the
proposed Project.
(g) Eligible Entities.--
(1) Resource centers.--Entities eligible to receive
grants, or enter into contracts, under subsection
(b)(1) shall be--
(A) institutions of higher education; and
(B) other public agencies and nonprofit
private organizations.
(2) Projects.--Entities eligible to receive grants,
or enter into contracts, under subsection (c) include--
(A) State agencies; and
(B) in consultation with State agencies--
(i) area agencies on aging;
(ii) institutions of higher
education; and
(iii) other public agencies and
nonprofit private organizations.
(h) Report.--The Assistant Secretary shall include in the
annual report to Congress required by section 206, a report on
the grants awarded, and contracts entered into, under this
section, including--
(1) an analysis of the relative effectiveness, and
recommendations for any changes, of the projects of
Resource Centers funded under subsection (b)(1) in the
fiscal year for which the Assistant Secretary is
preparing the annual report; and
(2) an evaluation of the needs identified, the
agencies utilized, and the effectiveness of the
approaches used by projects funded under subsection
(c).
SEC. 413. OLDER WOMEN'S 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
domestic 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
domestic 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 domestic violence and sexual
assault programs (including shelters, rape crises
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 domestic 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
undeserved older individuals residing in such areas.
(b) Elegibility.--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 assurance 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 science, psychology,
pharmacology, nursing, or gerontology,
for the purpose of describing 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 country 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 enhance 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, thatmay
facilitate a determination of the best method of training older
individuals.
(c) 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).
(d) Application.--To be eligible to receive a grant or
enter into a contract under subsection (a), an organization
shall submit an application to the Assistant Secretary at such
time, in such manner, and accompanied by such information, as
the Assistant Secretary may reasonably require.
(e) Eligible Organizations.--Organizations eligible to
receive a grant or enter into a contract under subsection (a)
shall be organizations that employ, or provide opportunities
for, older individuals in multigenerational activities.
(f) Local Evaluation and Report.--
(1) Evaluation.--Each organization receiving a grant
or a contract under subsection (a) to carry out a
demonstration project shall evaluate the
multigenerational activities assisted under the project
to determine the effectiveness of the multigenerational
activities, the impact of such activities on child care
and youth day care programs, and the impact of such
activities on older individuals involved in such
project.
(2) Report.--The organization shall submit a report
to the Assistant Secretary containing the evaluation
not later than 6 months after the expiration of the
period for which the grant or contract is in effect.
(g) Report to Congress.--Not later than 6 months after the
Assistant Secretary receives the reports described in
subsection (f)(2), the Assistant Secretary shall prepare and
submit to the Speaker of the House of Representativesand 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 and minority populations).
(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 shallcontain
such recommendations as the Assistant Secretary determines to be
appropriate.
PART B--GENERAL PROVISIONS
SEC. 431. PAYMENT OF GRANTS.
(a) Contributions.--To the extent the Assistant Secretary
determines a contribution to be appropriate, the Assistant
Secretary shall require the recipient of any grant or contract
under this title to contribute money, facilities, or services
for carrying out the project for which such grant or contract
was made.
(b) Payments.--Payments under this title pursuant to a
grant or contract may be made (after necessary adjustment, in
the case of grants, on account of previously made overpayments
or underpayments) in advance or by way of reimbursement, and in
such installments and on such conditions, as the Assistant
Secretary may determine.
(c) Consultation.--The Assistant Secretary shall make no
grant or contract under this title in any State that has
established or designated a State agency for purposes of title
III unless the Assistant Secretary--
(1) consults with the State agency prior to issuing
the grant or contract; and
(2) informs the State agency of the purposes of the
grant or contract when the grant or contract is issued.
SEC. 432. RESPONSIBILITIES OF ASSISTANT SECRETARY.
(a) In General.--The Assistant Secretary shall be
responsible for the administration, implementation, and making
of grants and contracts under this title and shall not delegate
authority under this title to any other individual, agency, or
organization.
(b) Report.--
(1) In general.--Not later than January 1 following
each fiscal year, the Assistant Secretary shall submit,
to the Speaker of the House of Representatives and the
President pro tempore of the Senate, a report for such
fiscal year that describes each project and each
program--
(A) for which funds were provided under this
title; and
(B) that was completed in the fiscal year for
which such report is prepared.
(2) Contents.--Such report shall contain--
(A) the name or descriptive title of each
project or program;
(B) the name and address of the individual or
governmental entity that conducted such project
or program;
(C) a specification of the period throughout
which such project or program was conducted;
(D) the identity of each source of funds
expended to carry out such project or program
and the amount of funds provided by each such
source;
(E) an abstract describing the nature and
operation of such project or program; and
(F) a bibliography identifying all published
information relating to such project or
program.
(c) Evaluations.--
(1) In general.--The Assistant Secretary shall
establish by regulation and implement a process to
evaluate the results of projects and programs carried
out under this title.
(2) Results.--The Assistant Secretary shall--
(A) make available to the public the results
of each evaluation carried out under paragraph
(1); and
(B) use such evaluation to improve services
delivered, or the operation of projects and
programs carried out, under this Act.
[TITLE V--COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS
[short title
[Sec. 501. This title may be cited as the ``Older American
Community Service Employment Act''.
[older american community service employment program
[Sec. 502. (a) In order to foster and promote useful part-
time opportunities in community service activities for
unemployed low-income persons who are fifty-five years old or
older and who have poor employment prospects, the Secretary of
Labor (hereinafter in this title referred to as the
Secretary'') is authorized to establish an older American
community service employment program.
[(b)(1) In order to carry out the provisions of this title,
the Secretary is authorized to enter into agreements with
public or private nonprofit agencies or organizations,
including national 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 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 such 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) will provide employment for eligible individuals
in the community in which such individuals reside, or
in nearby communities;
[(C) will employ eligible individuals in services
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 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 individuals
employed in community service 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 individuals 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 other
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 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--
[(I) the participants' skills and talents;
[(II) their need for supportive services; and
[(III) their physical capabilities;
except to the extent such project has, for the particular
participant involved, an assessment of such skills and talents,
such need, or such capabilities prepared recently pursuant to
another employment or training program (such as a program under
the Job Training Partnership Act and title I of the Workforce
Act of 1998);
[(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 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 authorize funds to be used, to the extent
feasible, to include individuals participating in such
project under any State unemployment insurance plan;
[(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; and
[(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.
[(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 prime sponsors, labor organizations,
groups representing business and industry and workers as well
as to individual employers, where appropriate.
[(4) The Secretary may enter into an agreement with the
Administrator of the Environmental Protection Agency to
establish a Senior Environmental Employment Corps.
[(c)(1) The Secretary is authorized to pay not to exceed 90
percent of the cost of any project which is the subject of an
agreement entered into under subsection (b), 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
fiscal year 1987 and each fiscal year thereafter 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 public or
private nonprofit agency or organization 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 public or private nonprofit agency
or organization 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
exceed 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.
[(d)(1) Whenever a national organization or other program
sponsor conducts a project within a planning and service area
in a State such organization or program sponsor 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, 30 days prior to undertaking the project, for
review and comment according to guidelines the Secretary shall
issue to assure efficient and effective coordination of
programs under this title.
[(2) The Secretary shall review on his own initiative or at
the request of any public or private nonprofit agency or
organization, or an agency of the State government, the
distribution of programs under this title within the State
including the distribution between urban and rural areas within
the State. For each proposed reallocation of programs within a
State, the Secretary shall give notice and opportunity for a
hearing on the record by all interested individuals and make a
written determination of his findings and decision.
[(e)(1) The Secretary, in addition to any other authority
contained in this title, shall conduct experimental 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 experimental projects authorized by this
subsection. The Secretary from amounts reserved under section
506(a)(2)(A) 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
equitablegeographic 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 and in jobs reflecting new
technological skills; and
[(C) require the coordination of projects carried out
under such agreements, with the programs carried out
under the Job Training Partnership Act and title I of
the Workforce Investment Act of 1998.
[(3)(A) The Secretary shall carry out an evaluation of the
second career training and job placement projects authorized by
this subsection.
[(B) The evaluation shall include but not be limited to the
projects described in paragraph (2).
[(C) The Secretary shall prepare and submit, not later than
one year after the enactment of the Older Americans Act
Amendments of 1981, to the Congress an interim report
describing the agreements entered into under paragraph (1) and
the design for the evaluation required by this paragraph. The
Secretary shall prepare and submit to the President and the
Congress a final report on the evaluation required by this
paragraph. The Secretary shall prepare and submit to the
President and the Congress a final report on the evaluation
required by this paragraph not later than February 1, 1984,
together with his findings and such recommendations, including
recommendations for additional legislation, as the Secretary
deems appropriate.
[(D) The Secretary shall make the final report submitted
under subparagraph (C) available to interested private business
concerns.
[(4) For the purpose of this subsection, ``eligible
individual'' means any individual who is 55 years of age or
older and who has an income equal to or less than the
intermediate level retired couples budget as determined
annually by the Bureau of Labor Statistics.
[administration
[Sec. 503. (a)(1) In order to effectively carry out the
provisions of this title, the Secretary shall, through the
Assistant Secretary for Aging, consult with the State agency
and the appropriate area agencies on aging established under
section 305(a)(2) with regard to--
[(A) the localities in which community service
projects of the type authorized by this title are most
needed;
[(B) consideration of the employment situations and
the type of skills possessed by available local
individuals who are eligible to participate; and
[(C) potential projects and the number and percentage
of eligible individuals in the local population.
[(2) The Secretary of Labor and the Assistant Secretary for
Aging shall coordinate the programs under this title and the
programs under titles III, IV, and VI to increase job
opportunities available to older individuals.
[(b)(1) The Secretary shall coordinate the program assisted
under this title with programs authorized under the Job
Training Partnership Act and title I of the Workforce
Investment Act of 1998, the Community Services Block Grant Act,
and the Vocational Education Act of 1984. The Secretary shall
coordinate the administration of this title with the
administration of titles III, IV, and VI by the Assistant
Secretary for Aging, 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 Act may not be used to
carry out any program under the Job Training Partnership Act,
the Community Services Block Grant Act, or the Vocational
Education Act of 1984. 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.
[(2) The Secretary shall distribute to grantees under this
title, for distribution to program enrollees, and at no cost to
grantees or enrollees, information materials developed and
supplied by the Equal Employment Opportunity Commission and
other appropriate Federal agencies which the Secretary
determines area 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) In carrying out the provisions of this title, the
Secretary may fund and expand projects concerning the Senior
Environmental Employment Corps and energy conservation from
sums appropriated under section 508 for such fiscal year.
[PARTICIPANTS NOT FEDERAL EMPLOYEES
[Sec. 504. (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.
[INTERAGENCY COOPERATION
[Sec. 505. (a) The Secretary shall consult with, and obtain
the written views of, the Assistant Secretary for Aging 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) In administering projects under this title concerning
the Senior Environmental Employment Corps and energy
conservation, the Secretary shall consult with the
Administrator of the environmental Protection Agency and the
Secretary of Energy and shall enter into an agreement with the
Administrator and the Secretary of Energy to coordinate
programs conducted by them with such projects.
[(d)(1) The Secretary shall promote and coordinate carrying
out projects under this title jointly with programs, projects,
or activities under other Acts 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.
[EQUITABLE DISTRIBUTION OF ASSISTANCE
[Sec. 506. (a)(1)(A) Subject to subparagraph (B) and
paragraph (2), from sums appropriated under this title for each
fiscal year, the Secretary shall first reserve such sums as may
be necessary for national grants or contracts with public
agencies and public or nonprofit private organizations to
maintain the level of activities carried on under such grants
or contracts at least at the level of such activities supported
under this title and under any other provision of Federal law
relating to community service employment programs for older
Americans in fiscal year 1978.
[(B)(i)(I) For each fiscal year in which the sums
appropriated under this title exceed the amount appropriated
under this title for fiscal year 1978, the Secretary shall
reserve not more than 45 percent of such excess, except as
provided in subclause (II), to carry out clauses (ii), (iii),
and (v).
[(II) The Secretary shall reserve a sum sufficient to carry
out clauses (iii) and (v).
[(III) The Secretary in awarding grants and contracts under
this paragraph from the sum reserved under this paragraph
shall, to the extent feasible, assure an equitable distribution
of activities under such grants and contracts designed to
achieve the allotment among the States described in paragraph
(3) of this subsection.
[(ii) The Secretary shall reserve such sums as may be
necessary for national grants or contracts with public or
nonprofit national Indian aging organizations with the ability
to provide employment services to older Indians and with
national public and nonprofit Pacific Island and Asian American
aging organizations with the ability to provide employment
services to older Pacific Island and Asian Americans.
[(iii) If the amount appropriated under this title for a
fiscal year exceeds 102 percent of the amount appropriated
under this title for fiscal year 1991, for each fiscal year
described in clause (iv), the Secretary shall reserve for
recipients of national grants and contracts under this
paragraph such portion of the excess amount as the Secretary
determines to be appropriate and is--
[(I) at least 25 percent of the excess amount; or
[(II) the portion required to increase the amount
made available under this paragraph to each of the
recipients so that the amount equals 1.3 percent of the
amount appropriated under this title for fiscal year
1991.
[(iv) From the portion reserved under clause (iii), the
Secretary shall increase the amount made available under this
paragraph to each of the recipients--
[(I) for each fiscal year before the fiscal year
described in subclause (II), so that such amount
equals, or more closely approaches, such 1.3 percent;
and
[(II) for the first fiscal year for which the portion
in sufficient to make available under this paragraph to
each of the recipients the amount equal to such 1.3
percent, so that such amount is not less than such 1.3
percent.
[(v) For each fiscal year after the fiscal year described
in clause (iv)(II), the Secretary shall make available under
this paragraph to each of the recipients an amount not less
than such 1.3 percent.
[(C) Preference in awarding grants and contracts under this
paragraph shall be given to national organizations, and
agencies, of proven ability in providing employment services to
eligible individuals under this program and similar programs.
The Secretary, in awarding grants and contracts under this
section, shall, to the extent feasible, assure an equitable
distribution of activities under such grants and contracts, in
the aggregate, among the States, taking into account the needs
of underserved States, subject to subparagraph (B)(i)(III).
[(2)(A) From sums appropriated under this title for each
fiscal year after September 30, 1978, the Secretary shall
reserve an amount which is at least 1 percent and not more than
3 percent of the amount appropriated in excess of the amount
appropriated for fiscal year 1978 for the purpose of entering
into agreements under section 502(e), relating to improved
transition to private employment.
[(B) After the Secretary makes the reservations required by
paragraph (1)(B) and subparagraph (A), the remainder of such
excess shall be allotted to the appropriate public agency of
each State pursuant to paragraph (3).
[(3) The Secretary shall allot to the State agency on aging
of each State the remainder of the sums appropriated for any
fiscal year under section 508 so that each State will receive
an amount which bears the same ratio to such remainder as the
product of the number of persons aged fifty-five or over in the
State and the allotment percentage of such State bears to the
sum of the corresponding product for all States, except that
(A) no State shall be allotted less than one-half of 1 percent
of the remainder of the sums appropriated for the fiscal year
for which the determination is made, or $100,000, whichever is
greater, and (B) Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, the United States Virgin Islands, and
the Trust Territory of the Pacific Islands shall each be
allotted an amount which is not less than one-fourth of 1
percent of the remainder of the sums appropriated for the
fiscal year for which the determination is made, or $50,000,
whichever is greater. For the purpose of the exception
contained in this paragraph the term ``State'' does not include
Guam, American Samoa, the Commonwealth of the Northern Mariana
Islands, the United States Virgin Islands, and the Trust
Territory of the Pacific Islands.
[(4) For the purpose of this subsection--
[(A) 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 (i) the allotment percentage shall
in no case be more than 75 percent or less than 33\1/2\
percent, and (ii) the allotment percentage for the
District of Columbia, the Commonwealth of Puerto Rico,
Guam, the United States Virgin Islands, American Samoa,
the Commonwealth of the Northern Mariana Islands, and
the Trust Territory of the Pacific Islands shall be 75
percent;
[(B) the number of persons aged fifty-five 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
[(C) for the purpose of determining the allotment
percentage, the term ``United States'' means the fifty
States and the District of Columbia.
[(b) The amount allotted for projects within any State
under subsection (a) for any fiscal year which the Secretary
determines will not be required for such year shall be
reallotted, from time to time and on such dates during such
year as the Secretary may fix, to projects within other States
in proportion to the original allotments to projects within
such States under subsection (a) for such year, but with such
proportionate amount for any of such other States being reduced
to the extent it exceeds the sum the Secretary estimates that
projects within such State need and will be able to use for
such year; and the total of such reductions shall be similarly
reallotted among the States whose proportionate amounts were
not so reduced. Any amount reallotted to a State under this
subsection during a year shall be deemed part of its allotment
under subsection (a) for such year.
[(c) The amount apportioned for projects within each State
under subsection (a) shall be apportioned among areas within
each such State in an equitable manner, taking into
consideration (1) the proportion which eligible individuals in
each such area bears to the total number of such individuals,
respectively, in that State, (2) the relative distribution of
such individuals residing in rural and urban areas within the
State, and (3) the relative distribution of (A) such
individuals who are individuals with greatest economic need,
(B) such individuals who are minority individuals, and (C) such
individuals who are individuals with greatest social need.
[(d) The Secretary shall require the State agency for each
State receiving funds under this title to report at the
beginning of each fiscal year on such State's compliance with
subsection (c). 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 allotted to each
such project.
[definitions
[Sec. 507. As used in this title--
[(1) the term ``eligible individual'' means an
individual who is fifty-five years old or older, who
has a low income (including any such individual whose
income is not more than 125 percent of the poverty
line), except that, pursuant to regulations prescribed
by the Secretary, any such individual who is sixty
years old or older shall have priority for the work
opportunities provided for under this title;
[(2) the term ``community service'' means social
health, welfare, and educational services (particularly
literacy tutoring), legal and other counseling services
and assistance, including tax counseling and assistance
and financial counseling, and library, recreational,
and other similar services; conservation, maintenance,
or restoration of natural resources; community
betterment or beautification; antipollution and
environmental quality efforts; weatherization
activities; economic development; and such other services
essential and necessary to the community as the Secretary, by
regulation, may prescribe;
[(3) the term ``program'' means the older American
community service employment program established under
this title; and
[(4) 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.
[AUTHORIZATION OF APPROPRIATIONS
[Sec. 508. (a) There is authorized to be appropriated to
carry out this title--
[(1) $470,671,000 for fiscal year 1992, and such sums
as may be necessary for fiscal years 1993, 1994, and
1995; 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 (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 used 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. Any such extension shall be for a
period of not more than 60 days after the end of such annual
period.
[EMPLOYMENT ASSISTANCE AND FEDERAL HOUSING AND FOOD STAMP PROGRAMS
[Sec. 509. 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. DUAL ELIGIBILITY.
[In the case of projects under this title carried out
jointly with programs carried out under the Job Training
Partnership Act, eligible individuals shall be deemed to
satisfy the requirements of sections 203 and 204(d)(5)(A) of
such Act (29 U.S.C. 1603, 1604(d)(5)(A)) that are applicable to
adults. In the case of projects under this title carried out
jointly with programs carried out under subtitle B of title I
of the Workforce investment Act of 1998, eligible individuals
shall be deemed to satisfy the requirements of section 134 of
such Act.
[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)).]
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 our 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 expense 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 sills 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 (2( U.S.C. 2864(c)), and will be
involved in the planning and operations of such system
pursuant to a memorandum of understanding with the
local workforce investment board in accordance with
section 121(c) of such Act (29 U.S.C. 2841(c));
(P) will post in such project workplace a notice, and
will make available to each person associated with such
project a written explanation, clarifying the law with
respect to allowable and unallowable political
activities under chapter 15 of title 5, United States
Code, applicable to the project and to each category of
individuals associated with such project and containing
the address and telephone number of the Inspector
General of the Department of Labor, to whom questions
regarding the application of such chapter may be
addressed;
(Q) will provide to the Secretary the description and
information described in paragraphs (8) and (14) of
section 112(b) of the Workforce Investment Act of 1998;
and
(R) will ensure that entities carrying out activities
under the project, including State offices, local
offices, subgrantee, 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 or 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 fundings
arising from audits, reviews, investigations,
and incident reports;
(vi) audit functions;
(viii) general legal services functions; and
(ix) developing systems and procedures,
including information systems, required for
these administrative functions.
(B) The costs of performing oversight and monitoring
responsibilities related to administrative functions.
(C) The costs of goods and services required for
administrative functions of the program, including
goods and services such as rental or purchase of
equipment, utilities, office supplies, postage, and
rental and maintenance of office space.
(D) The travel costs incurred for official business
in carrying out administrative activities or overall
management.
(E) The costs of information systems related to
administrative functions (for example, personnel,
procurement, purchasing, property management,
accounting, and payroll systems) including the
purchase, systems development, and operating costs of
such systems.
(5) To the extent practicable, an entity that carries out a
project under this title shall provide for the payment of the
expenses described in paragraph (4) from non-Federal sources.
(6)(A) Amounts made available for a project under this
title that are not used to pay for the cost of administration,
shall be used to pay for the costs of programmatic activities,
including--
(i) enrollee wages and fringe benefits (including
physical examinations);
(ii) enrollee training, which may be provided prior
to or subsequent to placement, including the payment of
reasonable costs of instructors, classroom rental,
training supplies, materials, equipment, and tuition,
and which may be provided on the job, in a classroom
setting, or pursuant to other appropriate arrangements;
(iii) job placement assistance, including job
development and job search assistance;
(iv) enrollee supportive services to assist an
enrollee to successfully participate in a project under
this title, including the payment of reasonable costs
of transportation, health care and medical services,
special job-related or personal counseling, incidentals
(such as work shoes, badges, uniforms, eyeglasses, and
tools), child and adult care, temporary shelter, and
followup services; and
(v) outreach, recruitment and selection, intake,
orientation, and assessments.
(B) Not less than 75 percent of the funds made available
through a grant made under this title shall be used to pay
wages and benefits for older individuals who are employed under
projects carried out under this title.
(d) Whenever a grantee conducts a project within a planning
and service area in a State, such grantee shall conduct such
project in consultation with the area agency on aging of the
planning and service area and shall submit to the State agency
and the area agency on aging a description of such project to
be conducted in the State, including the location of the
project, 90 days prior to undertaking the project, for review
and public comment according to guidelines the Secretary shall
issue to assure efficient and effective coordination of
programs under this title.
(e)(1) The Secretary, in addition to any other authority
contained in this title, shall conduct projects designed to
assure second career training and the placement of eligible
individuals in employment opportunities with private business
concerns. The Secretary shall enter into such agreements with
States, public agencies, nonprofit private organizations, and
private business concerns as may be necessary, to conduct the
projects authorized by this subsection to assure that placement
and training. The Secretary, from amounts reserved under
section 506(a)(1) in any fiscal year, may pay all of the costs
of any agreements entered into under the provisions of this
subsection. The Secretary shall, to the extent feasible, assure
equitable geographic distribution of projects authorized by
this subsection.
(2) The Secretary shall issue, and amend from time to time,
criteria designed to assure that agreements entered into under
paragraph (1) of this subsection--
(A) will involve different kinds of work modes, such
as flex-time, job sharing, and other arrangements
relating to reduced physical exertion;
(B) will emphasize projects involving second careers
and job placement and give consideration to placement
in growth industries in jobs reflecting new
technological skills; and
(C) require the coordination of projects carried out
under such agreements, with the programs carried out
under title I of the Workforce Investment Act of 1998.
(f) The Secretary shall, on a regular basis, carry out
evaluations of the activities authorized under this title,
which may include but are not limited to projects described in
subsection(e).
SEC. 503. ADMINISTRATION.
(a) State Senior Employment Services Coordination Plan.--
(1) Governor submits plan.--The Governor of each
State shall submit annually to the Secretary a State
Senior Employment Services Coordination Plan,
containing such provisions as the Secretary may
require, consistent with the provisions of this title,
including a description of the process used to ensure
the participation of individuals described in paragraph
(2).
(2) Recommendations.--In developing the State plan
prior to its submission to the Secretary, the Governor
shall obtain the advice and recommendations of--
(A) individuals representing the State and
area agencies on aging in the State, and the
State and local workforce investment boards
established under title I of the Workforce
Investment Act of 1998 (29 U.S.C. 2801 et
seq.);
(B) individuals representing public and
private nonprofit agencies and organizations
providing employment services, including each
grantee operating a project under this title in
the State; and
(C) individuals representing social service
organizations providing services to older
individuals, grantees under title III of this
Act, affected communities, undeserved 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 under-served 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 under-
served 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,
and 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, or the
Rehabilitation Act of 1973 (as amended by the Rehabilitation
ActAmendments of 1998), the Carl D. Perkins Vocational and
Technical Education Act of 1998, the National and Community Service Act
of 1999, or the Domestic Volunteer Service Act of 1973. The preceding
sentence shall not be construed to prohibit carrying out projects under
this title jointly with programs, projects, or activities under any Act
specified in such sentence, or from carrying out section 512.
(3) The Secretary shall distribute to grantees under this
title, for distribution to program enrollees, and at no cost to
grantees or enrollees, informational materials developed and
supplied by the Equal Employment Opportunity Commission and
other appropriate Federal agencies which the Secretary
determines are designed to help enrollees identify age-
discrimination and understand their rights under the Age
Discrimination in Employment Act of 1967.
(c) In carrying out the provisions of this title, the
Secretary is authorized to use, with their consent, the
services, equipment, personnel, and facilities of Federal and
other agencies with or without reimbursement, and on a similar
basis to cooperate with other public and private agencies and
instrumentalities in the use of services, equipment, and
facilities.
(d) Payments under this title may be made in advance or by
way of reimbursement and in such installments as the Secretary
may determine.
(e) The Secretary shall not delegate any function of the
Secretary under this title to any other department or agency of
the Federal Government.
(f)(1) The Secretary shall monitor projects receiving
financial assistance under this title to determine whether the
grantees are complying with the provisions of and regulations
issued under this title, including compliance with the
statewide planning, consultation, and coordination provisions
under this title.
(2) Each grantee receiving funds under this title shall
comply with the applicable uniform cost principles and
appropriate administrative requirements for grants and
contracts that are applicable to the type of entity receiving
funds, as issued as circulars or rules of the Office of
Management and Budget.
(3) Each grantee described in paragraph (2) shall prepare
and submit a report in such manner and containing such
information as the Secretary may require regarding activities
carried out under this title.
(4) Each grantee described in paragraph (2) shall keep
records that--
(A) are sufficient to permit the preparation of
reports required pursuant to this title;
(B) are sufficient to permit the tracing of funds to
a level of expenditure adequate to ensure that the
funds have not been spent unlawfully; and
(C) contain any other information that the Secretary
determines to be appropriate.
(g) The Secretary shall establish by regulation and
implement a process to evaluate the performance of projects and
services, pursuant to section 513, carried out under this
title. The Secretary shall report to Congress and make
available to the public the results of each such evaluation and
use such evaluation to improve services delivered, or the
operation of projects carried out under this title.
SEC. 504. PARTICIPANTS NOT FEDERAL EMPLOYEES.
(a) Eligible individuals who are employed in any project
funded under this title shall not be considered to be Federal
employees as a result of such employment and shall not be
subject to the provisions of part III of title 5, United States
Code.
(b) No contract shall be entered into under this title with
a contractor who is, or whose employees are, under State law,
exempted from operation of the State workmen's compensation
law, generally applicable to employees, unless the contractor
shall undertake to provide either through insurance by a
recognized carrier or by self-insurance, as authorized by State
law, that the persons employed under the contract shall enjoy
workmen's compensation coverage equal to that provided by law
for covered employment.
SEC. 505. INTERAGENCY COOPERATION.
(a) The Secretary shall consult with, and obtain the
written views of, the Assistant Secretary for Aging in the
Department of Health and Human Services prior to the
establishment of rules or the establishment of general policy
in the administration of this title.
(b) The Secretary shall consult and cooperate with the
Director of the Office of Community Services, the Secretary of
Health and Human Services, and the heads of other Federal
agencies carrying out related programs, in order to achieve
optimal coordination with such other programs. In carrying out
the provisions of this section, the Secretary shall promote
programs or projects of a similar nature. Each Federal agency
shall cooperate with the Secretary in disseminating information
relating to the availability of assistance under this title and
in promoting the identification and interests of individuals
eligible for employment in projects assisted under this title.
(c)(1) The Secretary shall promote and coordinate carrying
out projects under this title jointly with programs, projects,
or activities under other Acts, especially activities provided
under the Workforce Investment Act of 1998 (29 U.S.C. 2801 et
seq.), including activities provided throughone-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; and
(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 paragraph.
(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 theState 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; and
(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, 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 than 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 that 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 activates under
such grants and contracts, in the aggregate, among the States,
taking into account the needs of underserved States.
(b) Intrastate Allocation.--The amount allocated for
projects within each State under section 506 shall be allocated
among areas within the State in an equitablemanner, 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)(iv) 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 agency or State'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:
(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 approval 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 judgement 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 grantee.
(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
disruptive 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 national grantee 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) $500,000,000 for fiscal year 2001 and such sums
as may be necessary for fiscal year 2002 through 2005;
and
(2) such additional sums as may be necessary for each
such fiscal year to enable the Secretary, through
programs under this title, to provide for at least
70,000 part-time employment positions for eligible
individuals.
For purposes of paragraph (2), ``part-time employment
position'' means an employment position within a workweek of at
least 20 hours.
(b) Amounts appropriated under this section for any fiscal
year shall be available for obligation during the annual period
which begins on July 1 of the calendar year immediately
following the beginning of such fiscal year and which ends on
June 30 of the following calendar year. The Secretary may
extend the period during which such amounts may be obligated or
expended in the case of a particular organization or agency
receiving funds under this title if the Secretary determines
that such extension is necessary to ensure the effective use of
such funds by such organization or agency.
(c) At the end of the program year, the Secretary may
recapture any unexpended funds for the program year, and
reobligate such funds within the 2 succeeding program years
for--
(1) incentive grants;
(2) technical assistance; or
(3) grants or contracts for any other program under
this title.
SEC. 516. DEFINITIONS.
In this title:
(1) Community service.--The term ``community
service'' means social, health, welfare, and
educational services (including literacy tutoring),
legal and other counseling services and assistance,
including tax counseling and assistance and financial
counseling, and library, recreational, and other
similar services, conservation, maintenance, or
restoration of natural resources; community betterment
or beautification; antipollution and environmental
quality efforts; weatherization activities; economic
development; and such other services essential and
necessary to the community as the Secretary, by
regulation, may prescribe.
(2) Eligible individuals.--The term ``eligible
individuals'' means an individual who is 55 years old
or older, who has a low income (including any such
individual whose income is not more than 125 percent of
the poverty guidelines established by the Office of
Management and Budget), except that, pursuant to
regulations prescribed by the Secretary, any such
individual who is 60 years old or older shall have
priority for the work opportunities provided for under
this title.
(3) Pacific island and asian americans.--The term
``Pacific Island and Asian Americans'' means Americans
having origins in any of the original peoples of the
Far East, Southeast Asia, the Indian Subcontinent, or
the Pacific Islands.
(4) Program.--The term ``program'' means the older
American community service employment program
established under this title.
TITLE VI--GRANTS FOR NATIVE AMERICANS
statement of purpose
Sec. 601. * * *
* * * * * * *
eligibility
Sec. 612. (a) * * *
* * * * * * *
(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.
[(b)](c) For the purposes of this part the terms ``Indian
tribe'' and ``tribal organization'' have the same meaning as in
section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450(b).
* * * * * * *
applications
Sec. 614. (a) No grant may be made under this part unless
the eligible tribal organization submits an application to the
Assistant Secretary which meets such criteria as the Assistant
Secretary may by regulation prescribe. Each such application
shall--
(1) * * *
* * * * * * *
[(9) contain assurance that the provisions of
sections 307(a)(14)(A) (i) and (iii), 307(a)(14)(B),
and 307(a)(14)(C) will be complied with whenever the
application contains provisions for the acquisition
alteration, or renovation of facilities to serve as
multipurpose senior centers;]
[(10)](9) provide that any legal or ombudsman
services made available to older individuals who are
Indians represented by the tribal organization will be
substantially in compliance with the provisions of
title III relating to the furnishing of similar
services;
[(11)](10) provide satisfactory assurance that fiscal
control and fund accounting procedures will be adopted
as may be necessary to assure proper disbursement of,
and accounting for, Federal funds paid under this part
to the tribal organization, including any funds paid by
the tribal organization to a recipient of a great or
contract; and
[(12)](11) contain assurances that the tribal
organization will coordinate services provided under
this part with services provided under title III in the
same geographical area.
(b) For the purpose of any application submitted under this
part, the tribal organization may develop its own population
statistics, with [certification] approval from the Bureau of
Indian Affairs, in order to establish eligibility.
(c)(1) The Assistant Secretary shall approve any
application which complies with the provisions of subsection
(a).
(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.
* * * * * * *
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.
* * * * * * *
Part [C](D)--General Provisions
administration
Sec. [631] 641. In establishing regulations for the purpose
of part A the Assistant Secretary shall consult with the
Secretary of the Interior.
payments
Sec. [632] 642. Payments may be made under this title
(after necessary adjustments, in the case of grants, on account
of previously made overpayments or underpayments) in advance or
by way of reimbursement in such installments and on such
conditions as the Assistant Secretary may determine.
authorization of appropriations
[Sec. 633. (a) There are authorized to be appropriated
$30,000,000 for fiscal year 1992 and such sums as may be
necessary for fiscal years 1993, 1994, and 1995, to carry out
this title (other than section 615).
[(b) Of the amount appropriated under subsection (a) for
each fiscal year--
[(1) 90 percent shall be available to carry out part
A; and
[(2) 10 percent shall be available to carry out part
B.]
``SEC. [633] 643. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
title--
(1) for parts A and B, $30,000,000 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. 702. AUTHORIZATION OF APPROPRIATIONS.
[(a) Ombudsman Program.--There are authorized to be
appropriated to carry out chapter 2, $40,000,000 for fiscal
year 1992 and such sums as may be necessary for fiscal years
1993, 1994, and 1995.
(b) Prevention of Elder Abuse, Neglect, and Exploitation.--
There are authorized to be appropriated to carry out chapter 3,
$15,000,000 for fiscal year 1992 and such sums as may be
necessary for fiscal years 1993, 1994, and 1995.
(c) State Elder Rights and legal Assistance Development
Program.--There are authorized to be appropriated to carry out
chapter 4, $10,000,000 for fiscal year 1992 and such sums as
may be necessary for fiscal years 1993, 1994, and 1995.
[(d) Outreach, Counseling, and Assistance Program.--There
are authorized to be appropriated to carry out chapter 5,
$15,000,000 for fiscal year 1992 and such sums as may be
necessary for fiscal years 1993, 1994, and 1995.]
SEC. 702. AUTHORIZATION OF APPROPRIATIONS.
(a) Ombudsman Program.--There are authorized to be
appropriated to carry out chapter 2, $40,000,000 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,
$15,000,000 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,
$10,000,000 for fiscal year 2001, and such sums as may be
necessary for subsequent fiscal years.
SEC. 703. ALLOTMENT.
(a) In General.--
* * * * * * *
(C) Minimum allotments for ombudsman and
elder abuse programs.--
(i) Ombudsman program.--No state
shall be allotted for a fiscal year,
from the funds appropriated under
[section 702(a)] section 702 and made
available to carry out chapter 2, less
than the amount allotted to the State
under section 304 in fiscal year [1991]
2000 to carry out the State Long-Term
Care Ombudsman program under title III.
(ii) Elder abuse programs.--No State
shall be allotted for a fiscal year,
from the funds appropriated under
[section 702(b)] section 702 and made
available to carry out chapter 3, less
than the amount allotted to the State
under section 304 in fiscal year [1991]
2000 to carry out programs with respect
to the prevention of elder abuse,
neglect, and exploitation under title
III.
* * * * * * *
SEC. 705. ADDITIONAL STATE PLAN REQUIREMENTS.
(a) Eligibility.--* * *
* * * * * * *
(4) an assurance that the State will use funds made
available under this subtitle for a chapter in addition
to, and will not supplant, any funds that are expended
under any Federal or State law in existence on the day
before the date of the enactment of this subtitle, to
carry out each of the vulnerable elder rights
protection activities described in the chapter.
* * * * * * *
(6) an assurance that, with respect to programs for
the prevention of elder abuse, neglect, and
exploitation under chapter 3--
(A) * * *
* * * * * * *
(iii) upon court order[;]; and
* * * * * * *
[(7) an assurance that the State agency--
[(A) from funds appropriated under section
702(d) for chapter 5, will make funds available
to eligible area agencies on aging to carry out
chapter 5 and, in distributing such funds among
eligible area agencies, will give priority to
area agencies on aging based on--
[(i) the number of older individuals
with greatest economic need, and older
individuals with greatest social need,
residing in their respective planning
and service areas; and
[(ii) the inadequacy in such areas of
outreach activities and application
assistance of the type specified in
chapter 5;
[(B) will require, as a condition of
eligibility to receive funds to carry out
chapter 5, an area agency on aging to submit an
application that--
[(i) describes the activities for
which such funds are sought;
[(ii) provides for an evaluation of
such activities by the area agency on
aging; and
[(iii) includes assurances that the
area agency on aging will prepare and
submit to the State agency a report of
the activities conducted with funds
provided under this paragraph and the
evaluation of such activities;
[(C) will distribute to area agencies on
aging--
[(i) the eligibility information
received under section 202(a)(20) from
the Administration; and
[(ii) information, in written form,
explaining the requirements for
eligibility to receive medical
assistance under title XIX of the
Social Security Act (42 U.S.C. 1396 et
seq.); and
[(D) will submit to the Assistant Secretary a
report on the evaluations required to be
submitted under subparagraph (B); and]
[(8)] (7) a description of the manner in which the
State agency will carry out this title in accordance
with the assurances described in [paragraphs (1)
through (7)] paragraphs (1) through (6).
* * * * * * *
SEC. 712. STATE LONG-TERM CARE OMBUDSMAN PROGRAM.
(a) Establishment.--
(1) In general.--In order to be eligible to receive
an allotment under section 703 from funds appropriated
under [section 702(a)] section 702 and made available
to carry out this chapter, a State agency shall in
accordance with this section--
* * * * * * *
(ii) be free of conflicts of interest
and not stand to gain financially
through an action or potential action
brought on behalf of individuals the
Ombudsman serves;
(h) administration.--The State agency shall require the
Office to--
* * * * * * *
(4)[(A) not later than 1 year after the date of the
enactment of this title, establish] strengthen and
update procedures for the training of the
representatives of the Office, including unpaid
volunteers, based on model standards established by the
Director of the Office of Long-Term Care Ombudsman
Programs, in consultation with representatives of
citizen groups, long-term care providers, and the
Office, that--
[(i)] (A) specify a minimum number of hours
of initial training;
[(ii)] (B) specify the content of the
training, including training relating to
[(I)] (i) Federal, State, and local
laws, regulations and policies, with
respect to long-term care facilities in
the State;
[(II)] (ii) investigative techniques;
and
[(III)] (iii) such other matters as
the State determines to be appropriate;
and
[(iii)] (C) specify an annual number of hours
of in-service training for all designated
representatives; [and]
[(B) require implementation of the procedures not
later than 21 months after the date of the enactment of
this title;]
* * * * * * *
(7) coordinate, to the greatest extent possible,
ombudsman services with legal assistance provided under
section 306(a)(2)(C), through adoption of memoranda of
understanding and other means[; and];
(8) coordinate services with State and local law
enforcement agencies and courts of competent
jurisdiction; and
[(8)] (9) permit any local Ombudsman entity to carry
out the responsibilities described in paragraph (1),
(2), (3), (6), or (7).
* * * * * * *
CHAPTER 3--PROGRAMS FOR PREVENTION OF ELDER ABUSE, NEGLECT, AND
EXPLOITATION
SEC. 721. PREVENTION OF ELDER ABUSE, NEGLECT, AND EXPLOITATION.
(a) Establishment.--In order to eligible to receive an
allotment under section 703 from funds appropriated under
[section 702(b)] section 702 and made available to carry out
this chapter, a State agency shall, in accordance with this
section, and in consultation with area agencies on aging,
develop and enhance programs for the prevention of elder abuse,
neglect, and exploitation.
(b) Use of Allotments.--The State agency shall use an
allotment made under subsection (a) to carry out, through the
programs described in subsection (a), activities to develop,
strengthen, and carry out programs for the prevention and
treatment of elder abuse, neglect, and exploitation (including
financial exploitation), including--
* * * * * * *
(2) ensuring the coordination of services provided by
area agencies on aging with services instituted under
the State adult protection service program, State and
local law enforcement systems, and courts of competent
jurisdiction;
* * * * * * *
(5) conducting training for individuals, including
caregivers described in Part E of title III,
professionals, and paraprofessionals, in relevant
fields on the identification, prevention, and treatment
of elder abuse, neglect, and exploitation, with
particular focus on prevention and enhancement of self-
determination and autonomy;
* * * * * * *
(d) * * *
* * * * * * *
(1) * * *
* * * * * * *
(8) consumer protection and State and local law
enforcement programs, as well as other State and local
programs that identify and assist vulnerable older
individuals, and services provided by agencies and
courts of competent jurisdiction.
* * * * * * *
(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.
[CHAPTER 4.--STATE ELDER RIGHTS AND LEGAL ASSISTANCE DEVELOPMENT
PROGRAM
[SEC. 731. STATE ELDER RIGHTS AND LEGAL ASSISTANCE DEVELOPMENT.
[(a) Establishment.--
[(1) In general.--In order to be eligible to receive
an allotment under section 703 from funds appropriated
under section 702(c), a State agency shall, in
accordance with this section and in consultation with
area agencies on aging, establish a program to provide
leadership for improving the quality and quantity of
legal and advocacy assistance as a means for ensuring a
comprehensive elder rights system.
[(2) Coordination and assistance.--In carrying out
the program established under this chapter, the State
agency shall coordinate, and provide assistance to,
area agencies on aging and other entities in the State
that assist older individuals in--
[(A) understanding the rights of the older
individuals;
[(B) exercising choice;
[(C) benefiting from services and
opportunities authorized by law;
[(D) maintaining the rights of the older
individuals and, in particular, of the older
individuals with reduced capacity; and
[(E) solving disputes.
(b) Functions.--In carrying out this chapter, the State
agency shall.--
[(1) establish a focal point for elder rights policy
review, analysis, and advocacy at the State level,
including such issues as guardianship, age
discrimination, pension and health benefits, insurance,
consumer protection, surrogate decisionmaking,
protective services, public benefits, and dispute
resolution;
[(2) provide an individual who shall be known as a
State legal assistance developer, and other personnel,
sufficient to ensure--
[(A) State leadership in securing and
maintaining legal rights of older individuals;
[(B) State capacity for coordinating the
provision of legal assistance;
[(C) 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; and
[(D) State capacity to promote financial
management services for older individuals at
risk of conservatorship;
[(3)(A) develop, in conjunction with area agencies on
aging and legal assistance providers, statewide
standards for the delivery of legal assistance to older
individuals; and
[(B) provide technical assistance to area agencies on
aging and legal assistance providers to enhance and
monitor the quality and quantity of legal assistance to
older individuals, including technical assistance in
developing plans for targeting services to reach the
older individuals with greatest economic need and older
individuals with greatest social need, with particular
attention to low-income minority individuals;
[(4) provide consultation to, and ensure, the
coordination of activities with the legal assistance
provided under the title III, services provided by the
Legal Service Corporation, and services provided under
chapter 2, 3, and 5, as well as other State or Federal
programs administered at the State and local levels
that address the legal assistance needs of older
individuals;
[(5) provide for the education and training of
professionals, volunteers, and older individuals
concerning elder rights, the requirements and benefits
of specific laws, and members for enhancing the
coordination of services;
[(6) promote, and provide as appropriate, education
and training for individuals who are or might become
guardians or representative payees of older
individuals, including information on--
[(A) the powers and duties of guardians or
representative payees; and
[(B) alternatives to guardianship;
[(7) promote the development of, and provide
technical assistance concerning, pro bono legal
assistance programs, State and local bar committees on
aging, legal hot lines, alternative dispute resolution,
programs and curricula, related to the rights and
benefits of older individuals, in law schools and other
institutions of higher education, and other methods to
expand access by older individuals to legal assistance
and advocacy and vulnerable elder rights protection
activities;
[(8) provide for periodic assessments of the status
of elder rights in the State, including analysis
[(A) of the unmet need for assistance in
resolving legal problems and benefits-related
problems, methods for expanding advocacy
services, the status of substitute
decisionmaking systems and services (including
systems and services regarding guardianship,
representative payeeship, and advance
directives), access to courts and the justice
system, and the implementation of civil rights
and age discrimination laws in the State; and
[(B) of problems and unmet needs identified
in programs established under title III and
other programs; and
[(9) for the purpose of identifying vulnerable elder
rights protection activities provided by the entities
under this chapter, and coordinating the activities
with programs established under title III and chapters
2, 3, and 5, develop working agreements with--
[(A) State entities, including the consumer
protection agency, the court system, the
attorney general, the State equal employment
opportunity commission, and other State
agencies; and
[(B) Federal entities, including the Social
Security Administration, Health Care, Financing
Administration, and the Department of Veterans'
Affairs, and other entities.
[CHAPTER 5--OUTREACH, COUNSELING, AND ASSISTANCE PROGRAM
[SEC. 741. STATE OUTREACH, COUNSELING, AND ASSISTANCE PROGRAM FOR
INSURANCE AND PUBLIC BENEFITS.
[(a) Definitions.--As used in this section:
[(1) Insurance benefit.--The term ``insurance
benefit'' means a benefit under--
[(A) the medicare program established under
title XVIII of the Social Security Act (42
U.S.C. 1395 et seq.);
[(B) the medicaid program established under
title XIX of the Social Security Act (42 U.S.C.
1396 et seq.);
[(C) a public or private insurance program;
[(D) a medicare supplemental policy; or
[(E) a pension plan.
[(2) Medicare supplemental policy.--The term
``medicare supplemental policy'' has the meaning given
the term in section 1882(g)(1) of the Social Security
Act (42 U.S.C. 1395ss(g)(1)).
[(3) Pension plan.--The term ``pension plan'' means
an employee pension benefit plan, as defined in section
3(2) of the Employee Retirement Income Security Act of
1974 (29 U.S.C. 1002(2)).
[(4) Public benefit.--The term ``public benefit''
means a benefit under--
[(A) the Federal Old-Age, Survivors, and
Disability Insurance Benefits programs under
title II of the Social Security Act (42 U.S.C.
401 et seq.);
[(B) the medicare program established under
title XVIII of the Social Security Act,
including benefits as a qualified medicare
beneficiary, as defined in section 1905(p) of
the Social Security Act;
[(C) the medicaid program established under
title XIX of the Social Security Act;
[(D) the program established under the Food
Stamp Act of 1977 (7 U.S.C. 2011 et seq.);
[(E) the program established under the Low-
Income Home Energy Assistance Act of 1981 (42
U.S.C. 8621 et seq.);
[(F) the supplemental security income program
established under title XVI of the Social
Security Act (42 U.S.C. 1381 et seq.); or
[(G) a program determined to be appropriate
by the Assistant Secretary.
[(5) State insurance assistance program.--The term
``State insurance assistance program means the program
established under subsection (b)(1).
[(6) State public benefit assistance program.--The
term ``State public benefit assistant program'' means
the program established under subsection (b)(2).
[(b) Establishment.--In order to receive an allotment under
section 703 from funds appropriated under section 702(d), a
State agency shall, in coordination with area agencies on aging
and in accordance with this section, establish--
[(1) a program to provide older individuals outreach,
counseling, and assistance related to obtaining
insurance benefits; and
[(2) a program to provide outreach, counseling, and
assistance to older individuals who may be eligible
for, but who are not receiving, public benefits.
[(c) Insurance and Public Benefits.--The State agency
shall--
[(1) in carrying out a State insurance assistance
program--
[(A) provide information and counseling to
assist older individuals
[(i) in filing claims and obtaining
benefits under title XVIII and title
XIX of the Social Security Act;
[(ii) in comparing medicare
supplemental policies and in filing
claims and obtaining benefits under
such policies;
[(iii) in comparing long-term care
insurance policies and in filing claims
and obtaining benefits under such
policies;
[(iv) in comparing other types of
health insurance policies not described
in clause (iii) and in filing claims
and obtaining benefits under such
policies;
[(v) in comparing life insurance
policies and in filing claims and
obtaining benefits under such policies;
[(vi) in comparing other forms of
insurance policies not described in
clause (v), in comparing pension plans,
and in filing claims and obtaining
benefits under such policies and plans
as the State agency may determine to be
necessary; and
[(vii) in comparing current and
future health and post-retirement needs
related to pension plans, and the
relationship of benefits under such
plans to insurance benefits and public
benefits;
[(B) establish a system of referrals to
appropriate providers of legal assistance, and
to appropriate agencies of the Federal or State
government regarding the problems of older
individuals related to health insurance
benefits other insurance benefits, and public
benefits;
[(C) give priority to providing assistance to
older individuals with greatest economic need;
[(D) ensure that services provided under the
program will be coordinated with programs
established under chapters 2, 3, and 4, and
under title III;
[(E) provide for adequate and trained staff
(including volunteers) necessary to carry out
the program;
[(F) ensure that staff (including volunteers)
of the agency and of any agency or organization
described in subsection (d) will not be subject
to a conflict of interest in providing services
under the program;
[(G) provide for the collection and
dissemination of timely and accurate
information to staff (including volunteers)
related to insurance benefits and public
benefits;
[(H) provide for the coordination of
information on insurance benefits between the
staff of departments and agencies of the State
government and the staff (including volunteers)
of the program; and
[(I) make recommendations related to consumer
protection that may affect individuals eligible
for, or receiving, health or other insurance
benefits; and
[(2) in carrying out a State public benefits
assistance program--
[(A) carry out activities to identify older
individuals with greatest economic need who may
be eligible for, but who are not receiving,
public benefits;
[(B) conduct outreach activities to inform
older individuals of the requirements for
eligibility to receive such benefits;
[(C) assist older individuals in applying for
such benefits;
[(D) establish a system of referrals to
appropriate providers of legal assistance, or
to appropriate agencies of the Federal or State
government regarding the problems of older
individuals related to public benefits;
[(E) comply with the requirements specified
in subparagraphs (C) through (F) of paragraph
(1) with respect to the State public benefits
assistance program;
[(F) provide for the collection and
dissemination of timely and accurate
information to staff (including volunteers)
related to public benefits.
[(G) provide for the coordination of
information on public benefits between the
staff of State entities and the staff
(including volunteers) of the State public
benefits assistance program; and
[(H) make recommendations related to consumer
protection that may affect individuals eligible
for, or receiving, public benefits.
[(d) Administration.--The State agency may operate the
State insurance assistance program and the State public
benefits assistance program directly, in cooperation with other
State agencies, or under an agreement with a statewide
nonprofit organization, an area agency on aging, or another
public or nonprofit agency or organization.
[(e) Maintenance of Effort.--Any funds appropriated for the
activities under this chapter shall supplement, and shall not
supplant, funds that are expended for similar purposes under
any Federal State, or local program providing insurance
benefits or public benefits.
[(f) Coordination.--A State that receives an allotment
under section 703 and receives a grant to provide services
under section 4360 of the Omnibus Reconciliation Act of 1990
(42 U.S.C. 1395b-4) shall coordinate the services with
activities provided by the State agency through the programs
described in paragraphs (1) and (2) of subsection (b).]
CHAPTER 4--STATE LEGAL ASSISTANCE DEVELOPMENT PROGRAM
SEC. 731. STATE LEGAL ASSISTANCE DEVELOPMENT.
A State agency shall provide the services of an individual
who shall be known as a State legal assistance developer, and
the services of other personnel, sufficient to ensure--
(1) State leadership in securing and maintaining the
legal rights of older individuals;
(2) State capacity for coordinating the provision of
legal assistance;
(3) State capacity to provide technical assistance,
training, and other supportive functions to area
agencies on aging, legal assistance providers,
ombudsmen, and other persons, as appropriate;
(4) State capacity to promote financial management
services to older individuals at risk of
conservatorship;
(5) State capacity to assist older individuals in
understanding their rights, exercising choices,
benefiting from services and opportunities authorized
by law, and maintaining the rights of older individuals
of risk of guardianship; and
(6) State capacity to improve the quality and
quantity of legal services provided to older
individuals.
Subtitle B--Native American Organization Provisions
SEC. 751. NATIVE AMERICAN PROGRAM.
(a) Establishment.--* * *
* * * * * * *
[(d) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section, $5,000,000 for
fiscal year 1992, and such sums as may be necessary for fiscal
years 1993, 1994, and 1995.]
(d) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $5,000,000 for
fiscal year 2001, and such sums as may be necessary for
subsequent fiscal years.
* * * * * * *
Subtitle C--General Provisions
SEC. 761. DEFINITIONS.
As used in this title:
(1) Elder right.--The term ``elder right'' means a
right of an older individual.
(2) Vulnerable elder rights protection activity.--The
term ``vulnerable elder rights protection activity''
means an activity funded under [chapter 2, 3, 4, or 5
of this title] subtitle A.
* * * * * * *
SEC. 762. ADMINISTRATION.
A State agency [or an entity described in section 751(c)]
may carry out vulnerable elder rights protection activities
either directly or through contracts or agreements with public
or nonprofit private agencies or organizations, such as--
* * * * * * *
SEC. 764. AUDITS.
(a) Access.--* * *
* * * * * * *
(b) Limitation.--State agencies[, area agencies on aging,
and entities described in section 751(c)] shall not request
information or data from providers that is not pertinent to
services furnished under this title or to a payment made for
the services.
* * * * * * *
Older Americans Act Amendments of 1987
* * * * * * *
Sec. 3001 note--U.S. Code--Title 42
* * * * * * *
SEC. 3001. CONGRESSIONAL DECLARATION OF OBJECTIVES.
* * * * * * *
historical and statutory notes
* * * * * * *
[SEC. 201. WHITE HOUSE CONFERENCE AUTHORIZED.
[(a) Findings.--The Congress finds that--
[(1) the number of individuals 55 years of age or
older was approximately 52,923,000 in 1990, and will,
by the year 2040, be approximately 103,646,000,
[(2) more than 1 of every 8 persons 55 years of age
or older will be hospitalized during the next year,
[(3) the out-of-pocket costs to older individuals for
health care increased from 12.3 percent in 1977 to 18.2
percent in 1988,
[(4) there is a great need to ensure access and the
quality of affordable health care to all older
individuals,
[(5) the need for a comprehensive and responsive
long-term care delivery system is great,
[(6) the availability and cost of suitable housing,
together with suitable services needed for independent
or semi-independent living, still cause concern to
older individuals,
[(7) the ability to lead an independent or semi-
independent life is contingent, in many cases, upon the
availability of a comprehensive and effective social
service system for older individuals,
[(8) the availability and access to opportunities for
continued productivity and employment is of great
importance to middle-aged and older individuals who
want or need to work,
[(9) the fulfillment, dignity, and satisfaction of
retirees still depend on the continuing development of
a consistent national retirement policy,
[(10) there is a continuing need to maintain and
preserve the national policy with respect to
increasing, coordinating, and expediting biomedical and
other appropriate research directed at determining the
causes and effects of the aging process,
[(11) false stereotypes about aging and the process
of aging continue to be prevalent throughout the United
States and policies should be nurtured to overcome such
stereotypes, and
[(12) the talents and experience of older individuals
represent a valuable community resource which should be
developed and more widely shared within the local
community.
[(b) Policy.--It is the policy of the Congress that--
[(1) the Federal Government should work jointly with
the States and their citizens to develop
recommendations and plans for action to meet the
challenges and needs of older individuals, consistent
with the objectives of this section, and
[(2) in developing programs for the aging pursuant to
this section emphasis should be directed toward
individual, private, and public initiatives and
resources intended to enhance the economic security and
self-sufficiency of elder Americans.]
SEC. [202.] 201. AUTHORIZATION OF THE CONFERENCE.
[(a) Authority To Call Conference.--Not later than May 31,
1995 the President shall convene the White House Conference on
Aging in order to develop recommendations for additional
research and action in the field of aging which will further
the policy set forth in subsection (b).
[(b) Planning and Direction.--The Conference shall be
planned and conducted under the direction of the Secretary in
cooperation with the Commissioner on Aging and the Director of
the National Institute on Aging, and the heads of such other
Federal departments and agencies as are appropriate. Such
assistance may include the assignment of personnel.
[(c) Purpose of the Conference.--The purpose of the
Conference shall be--
[(1) to increase the public awareness of the
interdependence of generations and the essential
contributions of older individuals to society for the
well-being of all generations;
[(2) to identify the problems facing older
individuals and the commonalities of the problems with
problems of younger generations;
[(3) to examine the well-being of older individuals,
including the impact the wellness of older individuals
has on our aging society;
[(4) to develop such specific and comprehensive
recommendations for executive and legislative action as
may be appropriate for maintaining and improving the
well-being of the aging;
[(5) to develop recommendations for the coordination
of Federal policy with State and local needs and the
implementation of such recommendations; and
[(6) to review the status and multigenerational value
of recommendations adopted at previous White House
Conferences on Aging.]
(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 the 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 50 recommendations to guide the
President, Congress, and Federal agencies in serving
older individuals
(d) Conference Participants and Delegates.--
(1) Participants.--* * *
* * * * * * *
(2) Selection of delegates.--The delegates shall be
selected without regard to political affiliation or
past partisan activity and shall, to the best of the
appointing authority's ability, be representative of
the spectrum of thought in the field of aging.
Delegates shall include individuals who are
professionals, individuals who are nonprofessionals,
minority individuals [and individuals from low-income
families.] 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.
SEC. [203.] 202. CONFERENCE ADMINISTRATION.
(a) Administration.--In administering this section, the
Secretary shall--
(1) * * *
* * * * * * *
[(3) furnish all reasonable assistance, including
financial assistance, to State agencies on the aging
and to area agencies on the aging, and to other
appropriate organizations (including organizations
representing older Indians), to enable them to organize
and conduct conferences in conjunction with the
Conference.]
[(4)] (3) make available for public comment a
proposed agenda, prepared by the Policy Committee, for
the Conference which will reflect to the greatest
extent possible the major issues facing older
individuals consistent with the provisions of
subsection (a).
[(5)] (4) prepare and make available background
materials for the use of delegates to the Conference
which the Secretary deems necessary, and
[(6)] (5) engage such additional personnel as may be
necessary to carry out the provisions of this section
without regard to provisions of title 5, United States
Code, governing appointments in the competitive service
[section 3301 et seq. of Title 5, Government
Organization and Employees], and without III of chapter
53 of such title relating to classification and General
Schedule pay rates [section 5101 et seq. and section
5331 et seq. of Title 5, respectively].
(b) Duties.--The Secretary shall, in carrying out the
Secretary's responsibilities and functions under this section,
and as part of the White House Conference on Aging, ensure
that--
[(1) the conferences under subsection (a)(3) shall--
[(A) include a conference on older Indians to
identify conditions that adversely affect older
Indians, to propose solutions to ameliorate
such conditions, and to provide for the
exchange of information relating to the
delivery of services to older Indians, and
[(B) be so conducted as to assure broad
participation of older individuals.]
[(2)] (1) the agenda prepared under [subsection
(a)(4)] subsection (A)(3) for the Conference is
published in the Federal Register not later than 30
days after such agenda is approved by the Policy
Committee, and the Secretary may republish such agenda
together with the recommendations of the Secretary
[regarding such agenda,] regarding such agenda, and
[(3)] (2) the personnel engaged under [subsection
(a)(6)] subsection (a)(5) shall be fairly balanced in
terms of points of views represented and shall be
appointed without regard to political affiliation or
previous partisan activities,
[(4)] (3) the recommendations of the Conference are
not inappropriately influenced by any appointing
authority or by any special interest, but will instead
be the result of the independent judgment of the
Conference, and
[(5)] (4) current and adequate statistical data,
including decennial census data, and other information
on the well-being of older individuals in the United
States are readily available, in advance of the
Conference, to the delegates of the Conference,
together with such information as may be necessary to
evaluate Federal programs and policies relating to
aging. In carrying out this subparagraph, the Secretary
is authorized to make grants to, and enter into
cooperative agreements with, public agencies and
nonprofit private organizations.
(c) Gifts.--The Secretary may accept, on behalf of the
United States, gifts (in cash or in kind, including voluntary
and uncompensated services), which shall be available to carry
out this title [this note]. Gifts of cash shall be available in
addition to amounts appropriated to carry out this title [this
note]. Gifts may be earmarked by the donor or the executive
committee for a specific purpose.
* * * * * * *
SEC. [204.] 203. POLICY COMMITTEE; RELATED COMMITTEES.
(a) Policy Committee.--
[(1) Establishment.--There is established a Policy
Committee comprised of 25 members to be selected, not
later than December 31, 1993, as follows:
[(A) Presidential appointees.--Thirteen
members shall be selected by the President and
shall include--
[(i) 3 members who are officers or
employees of the United States; and
[(ii) 10 members with experience in
the field of aging, who may include
representatives of public aging
agencies, institution-based
organizations and minority aging
organizations.
[(B) House appointees.--Four members shall be
selected by the Speaker of the House of
Representatives, after consultation with the
Minority Leader of the House of
Representatives, and shall include members of
the Committee on Education and Labor of the
House of Representatives, the Committee on Ways
and Means of the House of Representatives, and
the Select Committee on Aging of the House of
Representatives. Not more than 3 members
selected under this subparagraph may be
associated or affiliated with the same
political party.
[(C) Senate appointees.--Four members shall
be selected by the Majority Leader of the
Senate, after consultation with the Minority
Leader of the Senate, and shall include members
of the Committee on Labor and Human Resources
of the Senate, the Committee on Finance of the
Senate, and the Special Committee on Aging of
the Senate. Not more than 3 members selected
under this subparagraph may be associated or
affiliated with the same political party.
[(D) Joint appointees.--Four members shall be
selected jointly by the Speaker of the House of
Representatives and the Majority Leader of the
Senate, after consultation with the minority
leaders of the House and Senate, and shall
include representatives with experience in the
field of aging, who may include representatives
described in subsection (a)(1)(A)(ii). Not more
than 2 members selected under this subparagraph
may be associated or affiliated with the same
political party.]
(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, 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.
(2) Duties of the policy committee.--The Policy
Committee shall initially meet at the call of the
Secretary, but not later than 30 days after the last
member is selected under subsection (a). Subsequent
meetings of the Policy Committee shall be held at the
call of the chairperson of the Policy Committee.
Through meetings, hearings, and working sessions, the
Policy Committee shall--
(A) * * *
* * * * * * *
(B) formulate and approve a proposed agenda
for the Conference not later than 90 days after
the Committee for the Secretary first meeting
of the Policy [Committee] Committee for the
Secretary;
* * * * * * *
[(D) establish the number of delegates to be
selected under section 202(d)(2); and
[(E) formulate and approve the initial report
of the Conference in accordance with section
205.]
(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.
(3) Quorum; committee voting; chairperson.--
[(A) Quorum.--Thirteen members shall
constitute a quorum for the purpose of
conducting the business of the Policy
Committee, except that 17 members shall
constitute a quorum for purposes of approving
the agenda required by paragraph (2)(B) and the
report required by paragraph (2)(E).
[(B) Voting.--The Policy Committee shall act
by the vote of the majority of the members
present.
[(C) Chairperson.--The President shall select
a 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.
[(b) Advisory and Other Committees.--
[(1) In general.--The President shall establish an
advisory committee to the Conference which shall
include representation from the Federal Council on
Aging and other public agencies and private nonprofit
organizations as appropriate. The President shall
consider for appointment to the advisory committee
individuals recommended by the Policy Committee.
[(2) Other committees.--The Secretary may establish
such other committees, including technical committees,
as may be necessary to assist in the planning,
conducting,and reviewing of the Conference.
[(c) Composition of Committees.--Each committee established
under subsection (b) shall be composed of professionals and
public members, and shall include individuals from low-income
families and from minority groups. A majority of the public
members of each such committee shall be 55 years of age or
older, and individuals who are Native Americans.
[(d) Compensation.--Appointed members of any such committee
(other than any officers or employees of the Federal
Government), while attending conferences or meetings of the
committee or otherwise serving at the request of the Secretary,
shall be entitled to receive compensation at a rate to be fixed
by the Secretary, but not to exceed the daily equivalent of the
maximum rate of pay payable under section 5376 of title 5
United States Code [section 5376 of Title 5] (including travel
time). While away from their homes or regular places of
business, such members may be allowed travel expenses,
including per diem in lieu of subsistence, as authorized under
section 5703 of such title [section 5703 of Title 5] for
persons employed intermittently in Federal Government service.]
(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.
SEC. [205.] 204. REPORT OF THE CONFERENCE.
[(a) Proposed Report.--A proposed report of the Conference,
which shall include a statement of comprehensive coherent
national policy on aging together with recommendations for the
implementation of the policy, shall be published and submitted
to the chief executive officers of the States not later than 90
days following the date on which the Conference is adjourned.
The findings and recommendations included in the published
proposed report shall be immediately available to the public.
[(b) Response to Proposed Report.--The chief executive
officers of the States, after reviewing and soliciting
recommendations and comments on the report of the Conference,
shall submit to the Policy Committee, not later than 90 days
after receiving the report, their views and findings on the
recommendations of the Conference.
[(c) Reports.--
[(1) Initial report.--The Policy Committee shall,
after reviewing the views and recommendations of the
chief executive officers of the States, prepare and
approve an initial report of the Conference, which
shall include a compilation of the actions of the chief
executive officers of the States and take into
consideration the views and findings of such officers.
[(2) Not later than 60 days after such initial report
is transmitted by the Policy Committee, the Secretary
shall publish such initial report in the Federal
Register. The Secretary may republish a final report
together with such additional views and recommendations
as the Secretary considers to be appropriate.
[(d) Recommendations of Policy Committee.--The Policy
Committee shall, within 90 days after submission of the views
of the chief executive officers of the States, publish and
transmit to the President and to the Congress recommendations
for the administrative action and the legislation necessary to
implement the recommendations contained within the report.]
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.
SEC. [206.] 205. DEFINITIONS.
For the purposes of this title [this note]--
* * * * * * *
SEC. [207.] 206. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization.--
[(1) In general.--There are authorized to be
appropriated such sums as may be necessary for fiscal
years 1992 through 1996 to carry out this title [this
note].]
(1) In general.--There are authorized to be
appropriated to carry out this section--
(A) $1,000,000, for the first fiscal year in
which the Policy Committee plans the Conference
and for the following fiscal year; and
(B) $3,000,000 for the fiscal year in which
the Conference is held.
* * * * * * *
(b) Availability of Funds.--
(1) In general.--Except as provided in paragraph (3),
funds appropriated to carry out this title [this note]
and funds received as gifts under section [203(c)]
202(c) shall remain available for obligation of
expenditure until the expiration of the one-year period
beginning on the date the Conference adjourns.
* * * * * * *
(3) Conference not convened.--If the Conference is
not convened before [December 31, 1995] December 31,
2005, such funds neither expended nor obligated before
such date shall be available to carry out the Older
Americans Act of 1965 [this chapter].''
* * * * * * *