[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].''

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