S 1536 IS

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.

August 5, 1999

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

To amend the Older Americans Act of 1965 to extend authorizations of appropriations for programs under the Act, to modernize programs and services for older individuals, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; REFERENCES.

(a) SHORT TITLE- This Act may be cited as the `Older Americans Act Amendments of 1999'.

(b) REFERENCES- Except as otherwise specifically provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a provision, the reference shall be considered to be made to a provision of the Older Americans Act of 1965 (42 U.S.C. 3001 et seq.).

SEC. 2. TABLE OF CONTENTS.

The table of contents of this Act is as follows:

Sec. 1. Short title; references.

Sec. 2. Table of contents.

TITLE I--AMENDMENT TO TITLE I OF THE OLDER AMERICANS ACT OF 1965

Sec. 101. Definitions.

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

Sec. 201. Functions of Assistant Secretary.

Sec. 202. Federal agency consultation.

Sec. 203. Federal Council on the Aging.

Sec. 204. Evaluation.

Sec. 205. Gifts.

Sec. 206. Authorization of appropriations.

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

Sec. 301. Purpose.

Sec. 302. Authorization of appropriations.

Sec. 303. Allotment; Federal share.

Sec. 304. Area plans.

Sec. 305. State plans.

Sec. 306. Planning, coordination, evaluation, and administration of State plans.

Sec. 307. Availability of disaster relief funds to tribal organizations.

Sec. 308. Nutrition services incentive program.

Sec. 309. Consumer contributions and waivers.

Sec. 310. Supportive services and senior centers.

Sec. 311. Nutrition services.

Sec. 312. Payment requirement.

Sec. 313. In-home services and additional assistance.

Sec. 314. Definition.

Sec. 315. National family caregiver support program.

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

Sec. 401. Repeal.

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

Sec. 501. Older american community service employment program.

Sec. 502. Administration.

Sec. 503. Interagency cooperation.

Sec. 504. Equitable distribution of assistance.

Sec. 505. Dual eligibility.

Sec. 506. Coordination and performance.

Sec. 507. Authorization of appropriations.

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

Sec. 601. Eligibility.

Sec. 602. Applications.

Sec. 603. Authorization of appropriations.

Sec. 604. General provisions.

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

Sec. 701. Authorization of appropriations.

Sec. 702. Allotment.

Sec. 703. Additional State plan requirements.

Sec. 704. State long-term care ombudsman program.

Sec. 705. Native American organization provisions.

Sec. 706. Prevention of elder abuse, neglect, and exploitation.

Sec. 707. Assistance programs.

TITLE VIII--TECHNICAL AND CONFORMING AMENDMENTS

Sec. 801. Technical and conforming amendments.

TITLE I--AMENDMENT TO TITLE I OF THE OLDER AMERICANS ACT OF 1965

SEC. 101. DEFINITIONS.

Section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002) is amended by adding at the end the following:

`(45) The term `disease prevention and health promotion services' means--

`(A) health risk assessments;

`(B) routine health screening, which may include hypertension, glaucoma, cholesterol, cancer, vision, hearing, diabetes, and nutrition screening;

`(C) nutritional counseling and educational services for individuals and their primary caregivers;

`(D) health promotion programs, including programs relating to prevention and reduction of effects of chronic disabling conditions (including osteoporosis and cardiovascular disease), alcohol and substance abuse reduction, smoking cessation, weight loss and control, and stress management;

`(E) programs regarding physical fitness, group exercise, and music therapy, art therapy, and dance-movement therapy, including programs for multigenerational participation that are provided by--

`(i) an institution of higher education;

`(ii) a local educational agency, as defined in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801); or

`(iii) a community-based organization;

`(F) home injury control services, including screening of high-risk home environments and provision of educational programs on injury prevention (including fall and fracture prevention) in the home environment;

`(G) screening for the prevention of depression, coordination of community mental health services, provision of educational activities, and referral to psychiatric and psychological services;

`(H) educational programs on the availability, benefits, and appropriate use of preventive health services covered under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.);

`(I) medication management screening and education to prevent incorrect medication and adverse drug reactions;

`(J) information concerning diagnosis, prevention, treatment, and rehabilitation concerning age-related diseases and chronic disabling conditions, including osteoporosis, cardiovascular diseases, diabetes, and Alzheimer's disease and related disorders with neurological and organic brain dysfunction;

`(K) gerontological counseling; and

`(L) counseling regarding social services and followup health services based on any of

the services described in subparagraphs (A) through (K).

The term shall not include services for which payment may be made under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.).

`(46) The term `in-home services' includes--

`(A) homemaker and home health aides;

`(B) visiting and telephone reassurance;

`(C) chore maintenance;

`(D) in-home respite care for families, and adult day care as a respite service for families;

`(E) minor modification of homes that is necessary to facilitate the ability of older individuals to remain at home and that is not available under another program (other than a program carried out under this Act);

`(F) personal care services; and

`(G) other in-home services as defined--

`(i) by the State agency in the State plan submitted in accordance with section 307; and

`(ii) by the area agency on aging in the area plan submitted in accordance with section 306.

`(47) The term `Native American' means--

`(A) an Indian; and

`(B) a Native Hawaiian, as defined in section 625.'.

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

SEC. 201. FUNCTIONS OF ASSISTANT SECRETARY.

Section 202 of the Older Americans Act of 1965 (42 U.S.C. 3012) is amended--

(1) in subsection (a)--

(A) by striking paragraph (24) and inserting the following:

`(24) develop and operate, either directly or through contracts, grants, or cooperative agreements, a National Eldercare Locator Service, providing information and assistance services through a nationwide toll-free number to identify community resources for older individuals;';

(B) by striking paragraph (27); and

(C) by redesignating paragraphs (28), (29), and (30) as paragraphs (27), (28), and (29), respectively; and

(2) by adding at the end the following:

`(f) PERFORMANCE OUTCOME MEASURES-

`(1) IN GENERAL- The Assistant Secretary, in accordance with the process described in paragraph (2), and in collaboration with a representative group of State agencies, tribal organizations, and area agencies on aging, shall develop and publish by December 31, 2000, a set of performance outcome measures to be used for planning, managing, and evaluating activities performed and services provided under this Act. To the maximum extent possible, the Assistant Secretary shall use data currently collected (as of the date of development of the measures) by State agencies, area agencies on aging, and service providers through the National Aging Program Information System in developing such measures.

`(2) DEVELOPMENT PROCEDURE- The process for developing the performance outcome measures described in paragraph (1) shall include--

`(A) a review of such measures currently in use by State agencies and area agencies on aging (as of the date of the review);

`(B) development of a proposed set of such measures that provides information about the major activities performed and services provided under this Act;

`(C) pilot testing of the proposed set of such measures, including an identification of resource, infrastructure, and data collection issues at the State and local levels; and

`(D) evaluation of the pilot test and recommendations for modification of the proposed set of such measures.'.

SEC. 202. FEDERAL AGENCY CONSULTATION.

Section 203(b) of the Older Americans Act of 1965 (42 U.S.C. 3013(b)) is amended--

(1) in paragraph (17), by striking `, and' and inserting a comma;

(2) in paragraph (18), by striking the period and inserting `, and'; and

(3) by adding at the end the following:

`(19) title I of the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.).'.

SEC. 203. FEDERAL COUNCIL ON THE AGING.

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

SEC. 204. EVALUATION.

Section 206 of the Older Americans Act of 1965 (42 U.S.C. 3017) is amended--

(1) by striking subsection (g); and

(2) by redesignating subsection (h) as subsection (g).

SEC. 205. GIFTS.

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

`SEC. 214A. GIFTS AND DONATIONS.

`(a) GIFTS AND DONATIONS- The Assistant Secretary may accept, use, and dispose of, on behalf of the United States, gifts or donations (in cash or in kind, including voluntary and uncompensated services or property), which shall be available until expended for the purposes specified in subsection (b). Gifts of cash and proceeds of the sale of property shall be available in addition to amounts appropriated to carry out this Act.

`(b) USE OF GIFTS AND DONATIONS- Gifts and donations accepted pursuant to subsection (a) may be used either directly, or for grants to or contracts with public or nonprofit private entities, for the following activities under this title:

`(1) The design and implementation of demonstrations of innovative ideas and best practices in programs and services for older individuals.

`(2) The planning and conduct of conferences for the purpose of exchanging information, among concerned individuals and public and private entities and organizations, relating to programs and services provided under this Act and other programs and services for older individuals.

`(3) The development, publication, and dissemination of informational materials (in print, visual, electronic, or other media) relating to the programs and services provided under this Act and other matters of concern to older individuals.

`(c) ETHICS GUIDELINES- The Assistant Secretary shall establish written guidelines setting forth the criteria to be used in determining whether a gift or donation should be declined under this section because the acceptance of the gift or donation would--

`(1) reflect unfavorably upon the ability of the Administration, the Department of Health and Human Services, or any employee of the Administration or Department to carry out responsibilities or official duties under this Act in a fair and objective manner; or

`(2) compromise the integrity or the appearance of integrity of programs or services provided under this Act or of any official involved in those programs or services.'.

SEC. 206. AUTHORIZATION OF APPROPRIATIONS.

Section 215 of the Older Americans Act of 1965 (42 U.S.C. 3020f) is amended--

(1) in subsection (a)--

(A) by striking `(a) ADMINISTRATION- '; and

(B) by striking `such sums' and all that follows and inserting `such sums as may be necessary for fiscal year 2000 and each of the 4 succeeding fiscal years.'; and

(2) by striking subsection (b).

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

SEC. 301. PURPOSE.

Section 301 of the Older Americans Act of 1965 (42 U.S.C. 3021) is amended by adding at the end the following:

`(d)(1) Any funds received under an allotment as described in section 304(a), or funds contributed toward the non-Federal share under section 304(d), shall be used only for activities and services to benefit older individuals and other individuals as specifically provided for in this title.

`(2) No provision of this title shall be construed as prohibiting a State agency or area agency on aging from providing services to older individuals using funds from sources not described in paragraph (1).'.

SEC. 302. AUTHORIZATION OF APPROPRIATIONS.

Section 303 of the Older Americans Act of 1965 (42 U.S.C 3023) is amended--

(1) by striking subsection (a)(1) and inserting the following:

`(1) There are authorized to be appropriated to carry out part B such sums as may be necessary.';

(2) by striking subsection (b) and inserting the following:

`(b)(1) There are authorized to be appropriated to carry out subpart 1 of part C such sums as may be necessary.

`(2) There are authorized to be appropriated to carry out subpart 2 of part C such sums as may be necessary.'; and

(3) by striking subsections (d) through (g) and inserting the following:

`(d) There are authorized to be appropriated to carry out part D such sums as may be necessary.

`(e) There are authorized to be appropriated to carry out part E such sums as may be necessary.'.

SEC. 303. ALLOTMENT; FEDERAL SHARE.

(a) IN GENERAL- Section 304(a) of the Older Americans Act of 1965 (42 U.S.C. 3024(a)) is amended--

(1) in paragraph (1)--

(A) in the first sentence, in the matter preceding subparagraph (A), by striking `Subject to paragraphs (2) and (3)' and inserting `Subject to paragraph (2),'; and

(B) in the last sentence, by striking `For the purposes of paragraph (3) and the exception' and inserting `For the purposes of the exception';

(2) in paragraph (2), by striking `1987' and inserting `1999'; and

(3) by striking paragraph (3) and inserting the following:

`(3) In determining the amount allotted to a State from the sums appropriated under section 303 for a fiscal year, the Assistant Secretary shall first determine the amount allotted to such State under paragraph (1) and then adjust such amount, if necessary, to meet the requirements of paragraph (2).'.

(b) AVAILABILITY OF FUNDS FOR REALLOTMENT- Section 304(b) of the Older Americans Act of 1965 (42 U.S.C. 3024(b)) is amended in the first sentence by striking `part B or C' and inserting `part B or C, or subpart 1 of part E,'.

(c) FOCAL POINT- Section 304 of the Older Americans Act of 1965 (42 U.S.C. 3024) is amended by adding at the end the following:

`(f) Each area agency on aging that receives funds under this title shall--

`(1) designate, where feasible, a focal point for comprehensive service delivery in each community in the planning and service area involved, giving special consideration to designating multipurpose senior centers (including multipurpose senior centers operated by organizations referred to in section 306(a)(6)(C)(ii)) as such focal point; and

`(2) specify in grants, contracts, and agreements implementing the area plan described in section 306, the identity of each focal point so designated.'.

SEC. 304. AREA PLANS.

(a) IN GENERAL- Section 306(a) of the Older Americans Act of 1965 (42 U.S.C. 3026(a)) is amended--

(1) by striking paragraph (1) and inserting the following:

`(1) provide for the furnishing of services (through a comprehensive and coordinated system),

the need for which has been determined pursuant to paragraph (3), including--

`(A) supportive services;

`(B) nutrition services; and

`(C) if appropriate, the establishment, maintenance, or construction of multipurpose senior centers;';

(2) in paragraph (2)--

(A) in the matter preceding subparagraph (A), by striking `section 307(a)(22)' and inserting `307(a)(2)';

(B) in subparagraph (B), by striking `services (homemaker' and all that follows through `maintenance, and' and inserting `services, including'; and

(C) in the matter following subparagraph (C), by striking `and specify annually in such plan, as submitted or as amended,' and inserting `and assurances that the area agency on aging will report annually to the State agency';

(3) by striking paragraph (3) and inserting the following:

`(3) provide for determining the extent of need for the services specified in paragraphs (1) and (2) in the planning and service area, taking into consideration--

`(A) the number of older individuals residing in the area who--

`(i) have low incomes;

`(ii) have the greatest economic need or greatest social need for such services, especially older individuals who are minorities; and

`(iii) are Native Americans; and

`(B) the effectiveness of use of resources (including efforts of volunteers and voluntary organizations) in meeting such need;';

(4)(A) by striking paragraph (4); and

(B) by redesignating paragraph (5) as paragraph (4);

(5) by inserting after paragraph (4) (as redesignated by paragraph (4)) the following:

`(5) provide assurances that the area agency on aging will coordinate planning, identification, assessment of needs, and provision of services for older individuals with disabilities, with particular attention to individuals with severe disabilities, with agencies that develop or provide services for individuals with disabilities;';

(6) in paragraph (6)--

(A) by striking subparagraphs (A), (B), (G), (I), (J), (K), (L), (O), (P), (Q), (R), and (S);

(B) by redesignating subparagraphs (C), (D), (E), (F), (H), (M), and (N) as subparagraphs (A), (B), (C), (D), (E), (F), and (G), respectively;

(C) in subparagraph (C) (as redesignated by subparagraph (B)), by striking `or adults' and inserting `, assistance to older individuals caring for relatives who are children'; and

(D) in subparagraph (F) (as redesignated by subparagraph (B)), by adding `and' after the semicolon;

(7) by striking paragraphs (7) through (20) and inserting the following:

`(7) provide that the area agency on aging will facilitate the coordination of community-based, long-term care services designed to enable older individuals to remain in their homes, by means including--

`(A) development of case management services as a component of the long-term care services, consistent with the requirements of paragraph (8);

`(B) involvement of long-term care providers in the coordination of such services; and

`(C) increasing community awareness of and involvement in addressing the needs of residents of long-term care facilities;

`(8) provide that case management services provided under this title through the area agency on aging will--

`(A) not duplicate case management services provided through other Federal and State programs;

`(B) be coordinated with services described in subparagraph (A); and

`(C) be provided by--

`(i) a public agency; or

`(ii) a nonprofit private agency that--

`(I)(aa) gives each older individual seeking services under this title a list of agencies that provide similar services within the jurisdiction of the area agency on aging;

`(bb) gives each individual described in item (aa) a statement specifying that the individual has a right to make an independent choice of service providers and documents receipt by such individual of such statement; and

`(cc) has case managers acting as agents for the individuals receiving the services and not as promoters for the agency providing such services; or

`(II) is located in a rural area and obtains a waiver of the requirements described in items (aa), (bb), and (cc) of subclause (I);

`(9) provide assurances that the area agency on aging, in carrying out the State Long-Term Care Ombudsman program under section 307(a)(9), will expend not less than the total amount of funds appropriated under this Act and expended by the agency in fiscal year 1999 in carrying out such a program under this title;

`(10) provide a grievance procedure for older individuals who are dissatisfied with or denied services under this title;

`(11) provide information and assurances concerning services to older individuals who are Native Americans (referred to in this paragraph as `Older Native Americans'), including--

`(A) information concerning whether there is a significant population of older Native Americans in the planning and service area and if so, an assurance that the area agency on aging will pursue activities, including outreach, to increase access of those older Native Americans to programs and benefits provided under this title;

`(B) an assurance that the area agency on aging will, to the maximum extent practicable, coordinate the services the agency provides under this title with services provided under title VI; and

`(C) an assurance that the area agency on aging will make services under the area plan available, to the same extent as such services are available to older individuals within the planning and service area, to older Native Americans; and

`(12) provide that the area agency on aging will establish procedures for coordination of services with entities conducting other Federal or federally assisted programs for older individuals at the local level, with particular emphasis on entities conducting programs described in section 203(b) within the planning and service area.'.

(b) WAIVERS- Section 306(b) of the Older Americans Act of 1965 (42 U.S.C. 3026(b)) is amended--

(1) in paragraph (1), by striking `(1)'; and

(2) by striking paragraph (2).

SEC. 305. STATE PLANS.

Section 307(a) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)) is amended--

(1) by striking paragraphs (1) through (5) and inserting the following:

`(1) The plan shall--

`(A) require each area agency on aging designated under section 305(a)(2)(A) to develop and submit to the State agency for approval, in accordance with a uniform format developed by the State agency, an area plan meeting the requirements of section 306; and

`(B) be based on such area plans.

`(2) The plan shall provide that the State agency will--

`(A) evaluate, using uniform procedures described in section 202(a)(28), the need for supportive services (including legal assistance, information and assistance, and transportation services), nutrition services, and multipurpose senior centers within the State;

`(B) determine the extent to which public or private programs and resources (including volunteers and programs and services of voluntary organizations) meet such need; and

`(C) specify a minimum proportion of the funds received by each area agency on aging in the State to carry out part B that will be expended (in the absence of a waiver under section 306(b) or 316) by such area agency on aging to provide each of the categories of services specified in section 306(a)(2).

`(3) The plan shall--

`(A) include (and may not be approved unless the Assistant Secretary approves) the statement and demonstration required by paragraphs (2) and (4) of section 305(d) (concerning intrastate distribution of funds); and

`(B) with respect to services for older individuals residing in rural areas--

`(i) provide assurances that the State agency will spend for each fiscal year, under this title and titles V and VII, not less than the amount expended for such services for fiscal year 1999;

`(ii) identify, for each fiscal year to which the plan applies, the projected costs of providing such services (including the cost of providing access to such services); and

`(iii) describe the methods used to meet the needs for such services in the fiscal year preceding the first year to which such plan applies.

`(4) The plan shall provide that the State agency will conduct periodic evaluations of, and public hearings on, activities and projects carried out in the State under this title and title VII, including evaluations of the effectiveness of services to individuals with greatest economic need, greatest social need, or disabilities, with particular attention to low-income minority individuals.

`(5) The plan shall provide that the State agency will--

`(A) afford an opportunity for a hearing upon request, in accordance with published procedures, to any area agency on aging submitting a plan under this title, or to any provider of (or applicant to provide) services under such a plan; and

`(B) issue guidelines applicable to grievance procedures required by section 306(a)(10).';

(2) in paragraph (7), by striking subparagraph (C);

(3) by striking paragraphs (8) and (9) and inserting the following:

`(8)(A) The plan shall provide that no supportive services, nutrition services, or in-home services will be directly provided by the State agency or an area agency on aging in the State, unless, in the judgment of the State agency--

`(i) provision of such services by the State agency or area agency on aging is necessary to assure an adequate supply of such services;

`(ii) such services are directly related to such State agency's or area agency on aging's administrative functions; and

`(iii) such services can be provided more economically, and with comparable quality, by such State agency or area agency on aging.

`(B) Regarding case management services, if the State agency or area agency on aging is already providing case management services (as of the date of submission of the plan) under a State program, the plan may specify that such agency may provide case management services.

`(C) The plan may specify that the area agency on aging may provide information and assistance services and outreach.

`(9) The plan shall provide assurances that the State agency will carry out, through the Office of the State Long-Term Care Ombudsman, a State Long-Term Care Ombudsman program in accordance with section 712 and this title, and will expend for such purpose not less than the total amount so expended by the State agency for fiscal year 1999.';

(4) by striking paragraphs (10), (11), and (12);

(5) by redesignating paragraph (13) as paragraph (10);

(6) in paragraph (10) (as redesignated by paragraph (5))--

(A) by striking subparagraphs (B), (C), (D), (E), (H), and (M);

(B) by redesignating subparagraphs (F), (G), (I), (J), (K), and (L) as subparagraphs (B), (C), (D), (E), (F), and (G), respectively;

(C) in subparagraph (F) (as redesignated by subparagraph (B)), by striking `older individual;' and inserting `older individual; and'; and

(D) in subparagraph (G) (as redesignated by subparagraph (B)), by striking `; and' and inserting a period;

(7) by striking paragraph (14);

(8) by redesignating paragraphs (15) and (16) as paragraphs (11) and (12), respectively;

(9) by striking paragraph (17);

(10) by redesignating paragraph (18) as paragraph (13);

(11) by striking paragraph (19);

(12) by redesignating paragraph (20) as paragraph (14);

(13) by striking paragraphs (21) and (22);

(14) by redesignating paragraphs (23), (24), (25), and (26) as paragraphs (15), (16), (17), and (18), respectively;

(15) in paragraph (18) (as redesignated by paragraph (14)), by striking `section 306(a)(6)(I)' and inserting `section 306(a)(7)';

(16) by striking paragraphs (27), (28), (29), and (31);

(17) by redesignating paragraphs (30) and (32) as paragraphs (19) and (20), respectively;

(18) by striking paragraphs (33), (34), and (35) and inserting the following:

`(21) The plan shall--

`(A) provide an assurance that the State agency will coordinate programs under this title and programs under title VI, if applicable; and

`(B) provide an assurance that the State agency will pursue activities to increase access by older individuals who are Native Americans to all aging programs and benefits provided by the agency, including programs and benefits provided under this title, if applicable, and specify the ways in which the State agency intends to implement the activities.';

(19) by redesignating paragraph (36) as paragraph (22);

(20) by striking paragraphs (37), (38), (39), (40), and (43);

(21) by redesignating paragraphs (41), (42), and (44) as paragraphs (23), (24), and (25), respectively; and

(22) by adding at the end the following:

`(26)(A) The plan may include an evaluation by the State agency, in consultation with the area agencies on aging in the State and private organizations in the State that are grantees, of the State's priorities regarding the need in the State for services provided under title V.

`(B) If the State agency includes such evaluation in such plan, the State agency shall--

`(i) determine what planning and service areas of the State are most in need of the services described in subparagraph (A) by taking into consideration--

`(I) the areas in which community service projects of the type authorized by title V are most needed;

`(II) the employment situations of, and the type of skills possessed by, available local individuals who are eligible to participate in the projects; and

`(III) the potential projects for the areas and the number and percentage of local individuals who are eligible to participate in the projects; and

`(ii) list such areas in descending order of need beginning with the area most in need.'.

SEC. 306. PLANNING, COORDINATION, EVALUATION, AND ADMINISTRATION OF STATE PLANS.

Section 308(b) of the Older Americans Act of 1965 (42 U.S.C. 3028(b)) is amended--

(1) in paragraph (4)--

(A) in subparagraph (B)--

(i) by striking `for fiscal year 1993, 1994, 1995, or 1996' and inserting `for any fiscal year'; and

(ii) by striking `to satisfy such need--' and all that follows and inserting `to satisfy such need an additional amount of the funds so received by a State and attributable to funds appropriated under paragraph (1) or (2) of section 303(b).'; and

(B) by adding at the end the following:

`(C) A State's request for a waiver under subparagraph (B) shall--

`(i) be not more than 1 page in length;

`(ii) include a request that the waiver be granted;

`(iii) specify the amount of the funds received by a State and attributable to funds appropriated under paragraph (1) or (2) of section 303(b), over the permissible 30 percent referred to in subparagraph (A), that the State requires to satisfy the need for services under subpart 1 or 2 of part C; and

`(iv) not include a request for a waiver with respect to an amount if the transfer of the amount would jeopardize the appropriate provision of services under subpart 1 or 2 of part C.'; and

(2) in paragraph (5), by striking `for fiscal year 1993' and all that follows through `fiscal year 1996,' and inserting `for any fiscal year'.

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

Section 310 (42 U.S.C. 3030) is amended--

(1) in subsection (a)--

(A) in paragraph (1)--

(i) by inserting `(or to any tribal organization receiving a grant under title VI)' after `any State'; and

(ii) by inserting `(or funds used by such tribal organization)' before `for the delivery of supportive services';

(B) in paragraph (2), by inserting `and such tribal organizations' after `States'; and

(C) in paragraph (3), by inserting `or such tribal organization' after `State' each place it appears; and

(2) in subsections (b)(1) and (c), by inserting `and such tribal organizations' after `States'.

SEC. 308. NUTRITION SERVICES INCENTIVE PROGRAM.

Section 311 of the Older Americans Act of 1965 (42 U.S.C. 3030a) is amended--

(1) in the section heading, by striking `AVAILABILITY OF SURPLUS COMMODITIES' and inserting `NUTRITION SERVICES INCENTIVE PROGRAM';

(2) by redesignating subsections (a), (b), (c), and (d) as subsections (c), (d), (e), and (f), respectively;

(3) by inserting before subsection (c) (as redesignated by paragraph (2)) the following:

`(a) The purpose of this section is to provide incentives to encourage and reward effective performance by States and tribal organizations in the efficient delivery of nutritious meals to older individuals.

`(b)(1) The Secretary of Health and Human Services shall allot and pay, to each State agency with a plan approved under this title for a fiscal year, and to each tribal organization with an application approved under part A of title VI for such fiscal year, an amount bearing the same ratio to the total amount appropriated for such fiscal year under subsection (e) as the number of meals served in the State under such plan approved for the preceding fiscal year (or the number of meals served by the tribal organization, under such application approved for such preceding fiscal year), bears to the total number of such meals served in all States and by all tribal organizations under all such plans and applications approved for such preceding fiscal year.

`(2) For purposes of paragraph (1), in the case of a tribal organization that has an application approved under part A of title VI for a fiscal year but that did not receive assistance under this section for the preceding fiscal year, the number of meals served by the tribal organization for the preceding fiscal year shall be deemed to equal the number of meals that the Assistant Secretary estimates will be served by the tribal organization in the fiscal year for which the application was approved.';

(4) in subsection (c) (as redesignated by paragraph (2)), by striking paragraph (4);

(5) in subsection (d) (as redesignated by paragraph (2)), by adding at the end the following:

`(4) Among the commodities delivered under this subsection, the Secretary of Agriculture shall give special emphasis to high protein foods, meat, and meat alternates. The Secretary of Agriculture, in consultation with the Assistant Secretary, is authorized to prescribe the terms and conditions respecting the donating of commodities under this subsection.'; and

(6) by striking subsection (e) (as redesignated by paragraph (2)) and inserting the following:

`(e) There are authorized to be appropriated to carry out this section (other than subsection (c)(1)) $150,000,000 for fiscal year 2000 and such sums as may be necessary for each of the 4 succeeding fiscal years.'.

SEC. 309. CONSUMER CONTRIBUTIONS AND WAIVERS.

Part A of title III (42 U.S.C. 3021 et seq.) is amended by adding at the end the following:

`SEC. 315. CONSUMER CONTRIBUTIONS.

`(a) COST SHARING-

`(1) IN GENERAL- Except as provided in paragraph (2), a State may require or permit cost sharing for all direct services provided for in this Act, by the recipients of the services.

`(2) EXCEPTIONS- The State may not require or permit the cost sharing described in paragraph (1) for the following:

`(A) Information and assistance services.

`(B) Outreach services.

`(C) Benefits counseling services.

`(D) Case management services.

`(E) Ombudsman services, legal assistance services, and other protection and advocacy services.

`(F) Congregate nutrition services.

`(G) Home-delivered nutrition services.

`(H) Services for recipients who declare incomes below a low-income threshold set by the State.

`(3) PAYMENT RATES- If a State requires or permits cost sharing described in paragraph (1), such State shall establish a sliding scale, based on income, on which cost sharing will be determined for recipients who declare that their incomes are above the low-income threshold set by such State.

`(4) REQUIREMENTS- If a State requires or permits cost sharing described in paragraph (1), such State shall require each area agency on aging in the State to ensure that each service provider involved will--

`(A) protect the privacy of each recipient with respect to the recipient's cost share payment;

`(B) establish appropriate procedures to safeguard and account for cost share payments; and

`(C) use each collected cost share payment to expand the service for which such payment was given.

`(b) VOLUNTARY CONTRIBUTIONS-

`(1) IN GENERAL- Voluntary contributions shall be allowed for all the direct services, including the services described in subparagraphs (A) through (H) of subsection (a)(2). Voluntary contributions may be accepted, but not solicited, for the services described in subparagraphs (A) through (E), and (H), of subsection (a)(2).

`(2) OTHER CONTRIBUTIONS- In addition to any contributions received for services referred to in paragraph (1), if a State does not require or permit the cost sharing described in subsection (a)(1), such State may allow for voluntary contributions for other services provided for under this Act.

`(3) LOCAL DECISION- The area agency on aging shall consult with the relevant service providers in a State to determine the best method for accepting voluntary contributions under this subsection.

`(4) REQUIREMENTS-

`(A) IN GENERAL- In determining a method under paragraph (3), the agency shall follow criteria specified in subparagraphs (B) and (C).

`(B) PROHIBITED ACTS- The agency shall not means test for any service for which contributions are accepted or deny services to any individual who does not contribute to the cost of the service.

`(C) REQUIRED ACTS- The agency shall ensure that each service provider will--

`(i) provide each recipient with an opportunity to voluntarily contribute to the cost of the service;

`(ii) protect the privacy of each recipient with respect to the recipient's contribution;

`(iii) establish appropriate procedures to safeguard and account for all contributions; and

`(iv) use all collected contributions to expand the service for which the contributions were given.

`(c) EVALUATION- Not earlier than 1 year after the date of enactment of the Older Americans Act Amendments of 1999, and periodically thereafter, the Secretary shall conduct a comprehensive evaluation of practices for cost sharing, described in subsection (a), that are conducted by the States, to determine the impact of such practices on participation levels of disparate populations under this Act.

`SEC. 316. WAIVERS.

`(a) IN GENERAL- The Assistant Secretary may waive any of the provisions specified in subsection (b) with respect to a State, upon receiving an application by the State agency containing or accompanied by documentation sufficient to establish, to the satisfaction of the Assistant Secretary, that--

`(1) approval of the State legislature has been obtained or is not required with respect to the proposal for which waiver is sought;

`(2) the State agency has consulted with the area agencies on aging in the State with respect to the proposal for which waiver is sought;

`(3) the proposal has been made available for public review and comment within the State (and a summary of the comments received has been included in the application); and

`(4) with respect to any application for a waiver of a restriction under section 308(b)(4)(A) regarding the amount that may be transferred between programs carried out under subparts 1 and 2 of part C, the application meets the requirements of section 308(b)(4)(C).

`(b) REQUIREMENTS SUBJECT TO WAIVER- The provisions of this title that may be waived under this section are--

`(1) any provision of sections 305, 306, and 307 requiring statewide uniformity of programs carried out under this title, to the extent necessary to permit demonstrations, in limited areas of a State, of innovative approaches to assist older individuals;

`(2) any area plan requirement described in section 306(a);

`(3) any State plan requirement described in section 307(a);

`(4) any restriction under paragraph (4) or (5) of section 308(b), on the amount that may be transferred between programs carried out under parts B and C, or between programs carried out under subparts 1 and 2 of part C; and

`(5) the requirement of section 309(c) that certain amounts of a State allotment be used for the provision of services, with respect to a State that reduces expenditures under the State plan of the State (but only to the extent that the non-Federal share of the expenditures is not reduced below any minimum specified in section 304(d) or any other provision of this title).

`(c) DURATION OF WAIVER- The application by a State agency for a waiver under this section shall include a recommendation as to the duration of the waiver (not to exceed the duration of the State plan of the State). The Assistant Secretary, in granting such a waiver, shall specify the duration of the waiver, which may be the duration recommended by the State agency or such shorter time period as the Assistant Secretary finds to be appropriate.

`(d) REPORTS TO SECRETARY- With respect to each waiver granted under this section, not later than 1 year after the expiration of such waiver, and at any time during the waiver period that the Assistant Secretary may require, the State agency shall prepare and submit to the Assistant Secretary a report concerning the impact of the waiver on the operation and effectiveness of programs and services provided under this title.'.

SEC. 310. SUPPORTIVE SERVICES AND SENIOR CENTERS.

Section 321 of the Older Americans Act of 1965 (42 U.S.C. 3030d) is amended--

(1) in subsection (a)--

(A) in paragraph (2), by striking `or both' and inserting `and services provided by an area agency on aging, in conjunction with local transportation service providers, public transportation agencies, and other local government agencies, that result in increased provision of such transportation services for older individuals';

(B) in paragraph (4), by striking `or (D)' and all that follows and inserting `or (D) to assist older individuals in obtaining housing for which assistance is provided under programs of the Department of Housing and Urban Development;';

(C) in paragraph (5), by striking `including' and all that follows and inserting the following: `including--

`(A) client assessment, case management services, and development and coordination of community services;

`(B) supportive activities to meet the special needs of caregivers, including caretakers who provide in-home services to frail older individuals; and

`(C) in-home services and other community services, including home health, homemaker, shopping, escort, reader, and letter writing services, to assist older individuals to live independently in a home environment;';

(D) in paragraph (12), by inserting before the semicolon the following: `, and including the coordination of the services with programs administered by or receiving assistance from the Department of Labor, including programs carried out under the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.)';

(E) by striking paragraph (19);

(F) by redesignating paragraph (20) as paragraph (19);

(G) by inserting after paragraph (19) (as redesignated by subparagraph (F)) the following:

`(20) in-home services for frail older individuals, including individuals with Alzheimer's disease and related disorders with neurological and organic brain dysfunction, and their families, including in-home services defined by a State agency in the State plan submitted under section 307, taking into consideration the age, economic need, and noneconomic and nonhealth factors contributing to the frail condition and need for services of the individuals described in this paragraph, and in-home services defined by an area agency on aging in the area plan submitted under section 306.'; and

(H) in paragraph (22), by inserting `necessary for the general welfare of older individuals' before the semicolon; and

(2) by adding at the end the following:

`(c) In carrying out the provisions of this part, to more efficiently and effectively deliver services to older individuals, each area agency on aging shall coordinate services described in subsection (a) with other community agencies and voluntary organizations providing the same services. In coordinating the services, the area agency on aging shall make efforts to coordinate the services with agencies and organizations carrying out intergenerational programs or projects.

`(d) Funds made available under this part shall supplement, and not supplant, any Federal, State, or local funds expended by a State or unit of general purpose local government (including an area agency on aging) to provide services described in subsection (a).'.

SEC. 311. NUTRITION SERVICES.

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

`SEC. 331. PROGRAM AUTHORIZED.

`(a) IN GENERAL- The'.

(b) SCHOOL-BASED MEALS- Section 338 of the Older Americans Act of 1965 (42 U.S.C. 3030g-11) is amended--

(1) by striking the section heading;

(2) in subsection (a), by striking `IN GENERAL- ' and all that follows through `establishing and operating' and inserting `SCHOOL-BASED MEALS AND MULTIGENERATIONAL PROGRAMS- In carrying out nutrition projects under subsection (a), the State may carry out';

(3) by redesignating subsection (a) as subsection (b);

(4) by moving that subsection (b) to the end of section 331; and

(5) by adding at the end the following:

`(c) INTERACTION- In carrying out projects under subsection (a), the State may make efforts to provide older individuals with opportunities to interact with students on a regular basis in a way that is mutually beneficial.'.

(c) REPEAL- Subpart 3 of part C of title III of the Older Americans Act of 1965 (42 U.S.C. 3030g-11 et seq.) is repealed.

(d) REDESIGNATION- Part C of title III of the Older Americans Act of 1965 (42 U.S.C. 3030e et seq.) is amended by redesignating subpart 4 as subpart 3.

SEC. 312. PAYMENT REQUIREMENT.

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

SEC. 313. IN-HOME SERVICES AND ADDITIONAL ASSISTANCE.

Title III of the Older Americans Act of 1965 (42 U.S.C. 3021 et seq.) is amended--

(1) by repealing parts D and E; and

(2) by redesignating part F as part D.

SEC. 314. DEFINITION.

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

SEC. 315. NATIONAL FAMILY CAREGIVER SUPPORT PROGRAM.

Title III of the Older Americans Act of 1965 (42 U.S.C. 3021 et seq.) is amended--

(1) by repealing part G; and

(2) by inserting after part D (as redesignated by section 313(2)) the following:

`PART E--NATIONAL FAMILY CAREGIVER SUPPORT PROGRAM

`SEC. 371. SHORT TITLE.

`This part may be cited as the `National Family Caregiver Support Act'.

`SEC. 372. DEFINITIONS.

`In this part:

`(1) CHILD- The term `child' means an individual who is not more than 18 years of age.

`(2) FAMILY CAREGIVER- The term `family caregiver' means an adult family member, or another individual, who is an informal provider of in-home and community care to an older individual.

`(3) GRANDPARENT OR OLDER INDIVIDUAL WHO IS A RELATIVE CAREGIVER- The term `grandparent or older individual who is a relative caregiver' means a grandparent or stepgrandparent of a child, or a relative of a child by blood or marriage, who is 60 years of age or older and--

`(A) lives with the child;

`(B) is the primary caregiver of the child because the biological or adoptive parents are unable or unwilling to serve as the primary caregiver of the child; and

`(C) has a legal relationship to the child, as such legal custody or guardianship, or is raising the child informally.

`SEC. 373. PROGRAM AUTHORIZED.

`(a) IN GENERAL- The Assistant Secretary shall carry out a program for making grants to States with State plans approved under section 307, to pay for the Federal share of the cost of carrying out State programs, to enable area agencies on aging to provide multifaceted systems of support services--

`(1) for family caregivers; and

`(2) for grandparents or older individuals who are relative caregivers.

`(b) SUPPORT SERVICES- In providing services under subsection (a), an area agency on aging shall provide--

`(1) information to eligible caregivers about available services;

`(2) assistance to eligible caregivers in gaining access to the services;

`(3) individual counseling, organization of support groups, and caregiver training to eligible caregivers to assist the caregivers in making decisions and solving problems relating to their caregiving roles;

`(4) respite care to enable eligible caregivers to be temporarily relieved from their caregiving responsibilities; and

`(5) supplemental services, on a limited basis, to complement the care provided by eligible caregivers.

`(c) ELIGIBILITY AND PRIORITY-

`(1) ELIGIBILITY- In order for a family caregiver, or a grandparent or older individual who is a relative caregiver, to be eligible to receive services provided by a State program under this part, the State shall find that--

`(A) the caregiver is a caregiver described in paragraph (1) or (2) of subsection (a); and

`(B) in the case of a caregiver providing care to an older individual, the older individual meets the condition specified in subparagraph (A)(i) or (B) of section 102(28).

`(2) PRIORITY- In providing services to a family caregiver, or a grandparent or older individual who is a relative caregiver, the State shall give priority for services to older individuals with greatest social need, older individuals with greatest economic need, and older individuals providing care and support to persons with mental retardation and related developmental disabilities (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6001) (referred to in this part as `developmental disabilities') consistent with the requirements of section 305(a)(2)(E).

`(d) COORDINATION WITH SERVICE PROVIDERS- In carrying out this part, each area agency on aging shall coordinate the activities of the agency with the activities of other community agencies and voluntary organizations providing the types of services described in subsection (b).

`(e) QUALITY STANDARDS AND MECHANISMS AND ACCOUNTABILITY-

`(1) QUALITY STANDARDS AND MECHANISMS- The State shall establish standards and mechanisms designed to assure the quality of services provided with assistance made available under this part.

`(2) DATA AND RECORDS- The State shall collect data and maintain records relating to the State program in a standardized format specified by the Assistant Secretary. The State shall furnish the records to the Assistant Secretary, at such time as the Assistant Secretary may require, in order to enable the Assistant Secretary to monitor State program administration and compliance, and to evaluate and compare the effectiveness of the State programs.

`(3) REPORTS- The State shall prepare and submit to the Assistant Secretary reports on the data and records required under paragraph (2), including information on the services funded under this part, and standards and mechanisms by which the quality of the services shall be assured.

`(f) AVAILABILITY OF FUNDS-

`(1) IN GENERAL- A State shall use the portion of the State allotment under section 304 that is from amounts appropriated under section 303(e) to carry out the State program under this part.

`(2) USE OF FUNDS FOR ADMINISTRATION OF AREA PLANS- Amounts made available to a State to carry out the State program under this part may be used, in addition to amounts available in accordance with section 303(c)(1), for costs of administration of area plans.

`(3) FEDERAL SHARE-

`(A) IN GENERAL- Notwithstanding section 304(d)(1)(D), the Federal share of the cost of carrying out a State program under this part shall be 75 percent.

`(B) NON-FEDERAL SHARE- The non-Federal share of the costs shall be provided from State and local sources.

`(C) LIMITATION- A State may use not more than 10 percent of the total Federal and non-Federal share of the amount available to the State to provide support services to grandparents and older relative caregivers of children.

`SEC. 374. MAINTENANCE OF EFFORT.

`Funds made available under this part shall supplement, and not supplant, any Federal, State, or local funds expended by a State or unit of general purpose local government (including an area agency on aging) to provide services described in section 373.

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

`SEC. 381. PURPOSES.

`The purposes of this part are--

`(1) to expand the Nation's knowledge and understanding of the older population and the aging process;

`(2) to design, test, and promote the use of innovative ideas and best practices in programs and services for older individuals;

`(3) to help meet the needs for trained personnel in the field of aging; and

`(4) to increase awareness of citizens of all ages of the need to assume personal responsibility for their own longevity.

`SEC. 382. PROGRAM AUTHORIZED.

`For the purpose of carrying out this part, the Assistant Secretary may make grants to and enter into contracts with States, public agencies, private nonprofit agencies, institutions of higher education, and organizations, including tribal organizations, for--

`(1) education and training to develop an adequately trained workforce to work with and on behalf of older individuals;

`(2) applied social research and analysis to improve access and delivery of services for older individuals;

`(3) evaluation of the performance of the programs, activities, and services provided under this part;

`(4) the development of methods and practices to improve the quality and effectiveness of the programs, services, and activities provided under this part;

`(5) the demonstration of new approaches to design, deliver, and coordinate programs and services for older individuals;

`(6) technical assistance in planning, developing, implementing, and improving the programs, services, and activities provided under this part;

`(7) coordination with the designated State agency described in section 101(a)(2)(A)(i) of the Rehabilitation Act of 1973 (29 U.S.C. 721(a)(2)(A)(i)) to provide services to older individuals who are blind as described in such Act;

`(8) the training of graduate level professionals specializing in the mental health needs of older individuals;

`(9) the provision of training for older individuals that--

`(A) relates to the use of computers and related equipment, in order to improve the employment-related skills of the older individuals; and

`(B) is provided at senior centers, housing facilities for older individuals, elementary schools, secondary schools, and institutions of higher education; and

`(10) any other activities that the Assistant Secretary determines will achieve the purposes of this part.

`SEC. 383. AUTHORIZATION OF APPROPRIATIONS.

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

`PART G--PENSION COUNSELING PROGRAMS

`SEC. 391. PENSION COUNSELING PROGRAMS.

`(a) DEFINITIONS- In this part:

`(1) PENSION AND OTHER RETIREMENT BENEFITS- The term `pension and other retirement benefits' means private, civil service, and other public pensions and retirement benefits, including benefits provided under--

`(A) the Social Security program carried out under title II of the Social Security Act (42 U.S.C. 401 et seq.);

`(B) the railroad retirement program carried out under the Railroad Retirement Act of 1974 (45 U.S.C. 231 et seq.);

`(C) the government retirement benefits programs carried out under--

`(i) the Civil Service Retirement System set forth in subchapter III of chapter 83 of title 5, United States Code;

`(ii) the Federal Employees Retirement System set forth in chapter 84 of title 5, United States Code;

`(iii) title 10, United States Code; or

`(iv) any other government retirement system, including any Government pension plan as such term is defined under section 9502 of title 31, United States Code; or

`(D) the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.).

`(2) PENSION COUNSELING PROGRAM- The term `pension counseling program' means a program described in subsection (c).

`(b) ESTABLISHMENT- The Assistant Secretary may establish and carry out pension counseling projects. In carrying out the projects, the Assistant Secretary may award grants under subsection (c).

`(c) PENSION COUNSELING PROGRAMS-

`(1) USE OF FUNDS- In carrying out the projects specified in subsection (b), the Assistant Secretary may award grants to eligible entities to establish programs that create or continue pension assistance and counseling projects that--

`(A) provide outreach, information, counseling, referral, and other assistance regarding pension and other retirement benefits, and rights related to such benefits; and

`(B) collectively, provide the assistance to individuals in all of the States.

`(2) AWARD OF GRANTS-

`(A) TYPE OF ENTITY- The Assistant Secretary may award under this subsection--

`(i) grants to State agencies or area agencies on aging; and

`(ii) grants to nonprofit organizations with a proven record of providing--

`(I) services related to the retirement of older individuals;

`(II) services to Native Americans; or

`(III) specific pension counseling.

`(B) PANEL- If the Assistant Secretary awards grants under this subsection, the Assistant Secretary shall use a citizen advisory panel that shall include representatives of business, labor, national senior advocates, and national pension rights advocates.

`(C) CRITERIA- If the Assistant Secretary awards grants under this subsection, the

Assistant Secretary, after consultation with the panel, shall use as criteria--

`(i) evidence of commitment of an agency or organization to carry out a proposed pension counseling program;

`(ii) the ability of the agency or organization to perform effective outreach to affected populations, particularly populations identified as in need of special outreach;

`(iii) reliable information that the population to be served by the agency or organization has a demonstrable need for the services proposed to be provided under the program; and

`(iv) evidence of ability of the agency or organization to provide services under the program on a statewide or regional basis.

`(3) APPLICATION-

`(A) IN GENERAL- To be eligible to receive a grant under this subsection, an entity shall submit an application to the Assistant Secretary at such time, in such manner, and containing such information as the Assistant Secretary may require, including, at a minimum--

`(i) a plan for the establishment of a pension counseling program to serve a specific geographic area; and

`(ii) an assurance that staff members (including volunteer staff members) have no conflict of interest in providing the services described in the plan.

`(B) PLAN- The plan described in subparagraph (A) shall provide for a program that--

`(i) establishes or continues a State or area pension counseling service;

`(ii) provides counseling (including direct counseling and assistance to individuals needing information) and information that may assist individuals in establishing rights to, obtaining, and filing claims or complaints related to, pension and other retirement benefits;

`(iii) provides information on sources of pension and other retirement benefits, including the benefits under programs described in subsection (a)(1);

`(iv) makes referrals to legal services and other advocacy programs;

`(v) establishes a system of referral to Federal, State, and local departments or agencies related to pension and other retirement benefits;

`(vi) provides a sufficient number of staff positions (including volunteer positions) to ensure information, counseling, referral, and assistance regarding pension and other retirement benefits;

`(vii) provides training programs for staff members, including volunteer staff members of the programs described in subsection (a)(1);

`(viii) makes recommendations to the Administration, the Department of Labor, and other Federal, State, and local agencies concerning issues for older individuals related to pension and other retirement benefits; and

`(ix) establishes or continues to provide projects to provide outreach, information, counseling, referral, and other assistance regarding pension and other retirement benefits, with particular emphasis on outreach to women, minorities, and low-income retirees.

`(d) PENSION ASSISTANCE HOTLINE AND INTERAGENCY COORDINATION- The Assistant Secretary may enter into interagency agreements for the establishment and operation of, and dissemination of information about, a telephone hotline for individuals seeking outreach, information, counseling, referral, and assistance regarding pension and other retirement benefits, and rights related to such benefits. The Assistant Secretary may also enter into agreements with the Secretary of Labor and with the heads of other Federal agencies that regulate the provision of pension and other retirement benefits, as the Assistant Secretary determines to be appropriate, in order to carry out this subsection and to develop a nationwide public-private pension assistance system.

`(e) REPORT TO CONGRESS-

`(1) PREPARATION- If grants are awarded under subsection (c), the Assistant Secretary shall prepare a report that--

`(A) summarizes the distribution of funds authorized for grants under this section and the expenditure of such funds;

`(B) summarizes the scope and content of training and assistance provided under a program carried out under this section and the degree to which the training and assistance can be replicated;

`(C) outlines the problems that individuals participating in programs funded under this section encountered concerning rights related to pension and other retirement benefits; and

`(D) makes recommendations regarding the manner in which services provided in programs funded under this section can be incorporated into the ongoing programs of State agencies, area agencies on aging, multipurpose senior centers, and other similar entities.

`(2) SUBMISSION- If grants are awarded under subsection (c), not later than 30 months after the date of enactment of this section, the Assistant Secretary shall submit the report described in paragraph (1) to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate.

`(f) ADMINISTRATIVE EXPENSES- Of the funds appropriated under subsection (g) to carry out this section

for a fiscal year, not more than $100,000 may be used by the Administration for administrative expenses in carrying out this section.

`(g) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2000 through 2004.'.

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

SEC. 401. REPEAL.

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

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

SEC. 501. OLDER AMERICAN COMMUNITY SERVICE EMPLOYMENT PROGRAM.

(a) IN GENERAL- Section 502 of the Older Americans Act of 1965 (42 U.S.C. 3056) is amended--

(1) in subsection (a)--

(A) by striking `(a) In order to foster and promote useful part-time opportunities in community service activities' and inserting `(a)(1) In order to foster and promote part-time employment opportunities in community service activities and in the private sector'; and

(B) by adding at the end the following:

`(2) In order to foster individual economic self-sufficiency and to increase the number of persons who may enjoy the benefits of the program, the Secretary is authorized to establish projects to place participants in unsubsidized employment in both the public and private sectors.';

(2) in subsection (b)(1)--

(A) in the matter preceding subparagraph (A), by striking `agencies or organizations, including' and inserting `agencies or organizations, to the extent such agencies or organizations have not been determined to have engaged in negligent or fraudulent activity, or otherwise failed to meet fiduciary responsibilities concerning previous agreements with the Secretary by the Office of Inspector General, the Attorney General, or any court of law. Such organizations and agencies may include';

(B) by striking subparagraph (B) and inserting the following:

`(B)(i) will provide employment for eligible individuals in the community in which such individuals reside, or in nearby communities; or

`(ii) if such project is carried out by a tribal organization that enters into an agreement under this subsection or receives assistance from a State that enters into such an agreement, will provide employment for such individuals who are Indians residing on an Indian reservation, as the term is defined in section 2601(2) of the Energy Policy Act of 1992 (25 U.S.C. 3501(2)).';

(C) in subparagraph (H), by inserting `participating in a one-stop delivery system as established under section 134(c) of the Workforce Investment Act of 1998 (29 U.S.C. 2864(c)) and' after `including';

(D) in subparagraph (J), by striking `community service jobs' and inserting `community service and other jobs';

(E) in subparagraph (N)(i), by striking clause (i) and inserting the following:

`(i) will prepare an assessment of the participants' skills and talents and their needs for services (referred to in this title as an `assessment and service strategy'), except to the extent such project has, for the participant involved, recently prepared an assessment of such skills and talents, and such needs, pursuant to another employment or training program (such as a program under the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.), the Carl D. Perkins Vocational and Technical Education Act of 1998 (20 U.S.C. 2301 et seq.), or part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.));'; and

(F) by striking subparagraph (O) and inserting the following:

`(O) will provide appropriate services for participants through the one-stop delivery system in the local workforce investment area as established under section 134(c) of the Workforce Investment Act of 1998 (29 U.S.C. 2864(c)), and will be involved in the planning and operations of such system pursuant to a memorandum of understanding with the local workforce investment board in accordance with section 121(c) of such Act (29 U.S.C. 2841(c));';

(3) in subsection (b)(3), by striking `prime sponsors,';

(4) by striking subsection (b)(4) and inserting the following:

`(4)(A) An assessment and service strategy provided for an eligible individual under this title shall satisfy any condition for an assessment and service strategy or individual employment plan for an adult participant under subtitle B of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2811 et seq.), in order to determine whether such individual qualifies for intensive or training services described in section 134(d) of such Act (29 U.S.C. 2864(d)), in accordance with such Act.

`(B) An assessment and service strategy or individual employment plan provided for an adult participant under subtitle B of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2811 et seq.) shall satisfy any condition for an assessment and service strategy for an eligible individual under this title.';

(5) in subsection (c)--

(A) in paragraph (1), by inserting `a share, but' after `authorized to pay' the first place it appears;

(B) in paragraph (3), by striking `for fiscal year 1987 and each fiscal year thereafter' and inserting `for any fiscal year';

(C) by adding at the end the following:

`(4) Amounts provided under this title to pay for the costs of administration for such project shall only be used to pay for the costs of--

`(A) participant training, including costs for instructors, classroom rental, training supplies, materials, equipment, and tuition;

`(B) special job-related or personal counseling for participants;

`(C) incidentals necessary for successful participation of the participants, such as workshoes, badges, uniforms, eyeglasses, and tools;

`(D) salaries, wages, and fringe benefits for project administrators;

`(E) consumable office supplies for project staff;

`(F) development, preparation, presentation, management, and evaluation of the project;

`(G) establishment and maintenance of accounting and management information systems;

`(H) establishment and maintenance of advisory councils;

`(I) travel of project administrators;

`(J) rent, utilities, and custodial services;

`(K) training of staff and technical assistance to subproject sponsor staff; and

`(L) audit services.';

(6) in subsection (d)--

(A) in paragraph (1), by striking `program sponsor' each place it appears and inserting `grantee'; and

(B) in paragraph (2), by striking `for a hearing on the record' and all that follows through the period and inserting `for public comment.';

(7) in subsection (e)--

(A) in paragraph (1)--

(i) in the first sentence, by striking `conduct experimental projects designed to'; and

(ii) in the second sentence, by striking `to conduct the experimental projects authorized by this subsection' and inserting `to assure that placement and training'; and

(B) by striking paragraphs (3) and (4); and

(8) by adding at the end the following:

`(f) The Secretary shall, on a regular basis, carry out evaluations of the activities authorized under this title, which may include projects described in subsection (e).'.

SEC. 502. ADMINISTRATION.

Section 503 of the Older Americans Act of 1965 (42 U.S.C. 3056a) is amended--

(1) in subsection (a)(2), by striking `titles III, IV, and VI' and inserting `other titles of this Act';

(2) in subsection (b)(1)--

(A) by striking `and the Vocational Education Act of 1984' and inserting `the Carl D. Perkins Vocational and Technical Education Act of 1998 (20 U.S.C. 2301 et seq.), the National and Community Service Act of 1990 (42 U.S.C. 12501 et seq.), and the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4950 et seq.)';

(B) by striking `titles III, IV, and VI' and inserting `other titles of this Act'; and

(C) by striking `or the Vocational Education Act of 1984' and inserting `the Carl D. Perkins Vocational and Technical Education Act of 1998, the National and Community Service Act of 1990, or the Domestic Volunteer Service Act of 1973'; and

(3) by striking subsection (f) and inserting the following:

`(f)(1) The Secretary shall monitor activities receiving financial assistance under this title to determine whether the grantees for the activities are complying with the provisions of this title.

`(2) Each grantee receiving funds under this title shall comply with the applicable uniform cost principles and appropriate administrative requirements for grants and contracts that are applicable to the type of entity receiving funds, as issued in circulars or rules of the Office of Management and Budget.

`(3) Each grantee described in paragraph (2) shall prepare and submit reports in such form and containing such information as the Secretary may require regarding activities carried out under this title.

`(4) Each grantee described in paragraph (2) shall keep records that--

`(A) are sufficient to permit the preparation of reports required pursuant to this title;

`(B) are sufficient to permit the tracing of funds to a level of expenditure adequate to ensure that the funds have not been spent unlawfully; and

`(C) contain any other information that the Secretary determines to be appropriate.'.

SEC. 503. INTERAGENCY COOPERATION.

Section 505 of the Older Americans Act of 1965 (42 U.S.C. 3056c) is amended--

(1) by striking subsection (c);

(2) by redesignating subsection (d) as subsection (c); and

(3) in subsection (c)(1) (as redesignated by paragraph (2)), by inserting `, especially activities provided under the Workforce Investment Act of 1988 (29 U.S.C. 2801 et seq.), including activities provided through one-stop delivery systems established under section 134(c) of such Act (29 U.S.C. 2864(c)),' after `under other Acts'.

SEC. 504. EQUITABLE DISTRIBUTION OF ASSISTANCE.

Title V of the Older Americans Act of 1965 is amended--

(1) by repealing section 506 (42 U.S.C. 3056d);

(2) by redesignating section 508 (42 U.S.C. 3056f) as section 515 and moving the section to the end of the title;

(3) by redesignating section 507 (42 U.S.C. 3056e) as section 516 and moving the section to the end of the title; and

(4) by inserting after section 505 (42 U.S.C. 3056c) the following:

`SEC. 506. EQUITABLE DISTRIBUTION OF ASSISTANCE.

`(a) RESERVATIONS-

`(1) RESERVATION FOR PRIVATE EMPLOYMENT PROJECTS- From sums appropriated under this

title for each fiscal year, the Secretary shall first reserve not more than 1.5 percent of the total amount of such sums for the purpose of entering into agreements under section 502(e), relating to improved transition to private employment.

`(2) RESERVATION FOR TERRITORIES- From sums appropriated under this title for each fiscal year, the Secretary shall also reserve not more than 0.75 percent of the total amount of such sums, of which--

`(A) Guam, American Samoa, and the United States Virgin Islands shall each receive 30 percent; and

`(B) the Commonwealth of the Northern Mariana Islands shall receive 10 percent.

`(b) STATE ALLOTMENTS-

`(1) IN GENERAL-

`(A) ALLOTMENTS- Subject to paragraph (3), from sums appropriated under this title for a fiscal year that remain after amounts are reserved under paragraphs (1) and (2) of subsection (a), the Secretary shall allot to each State an amount that bears the same ratio to such remainder as the product of the number of persons age 55 or over in the State and the allotment percentage of such State bears to the sum of the corresponding products for all States.

`(B) DEFINITION- In this paragraph, the term `State' does not include Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the United States Virgin Islands.

`(2) ALLOTMENT PERCENTAGE- For the purposes of this subsection--

`(A) the allotment percentage of each State shall be 100 percent less that percentage that bears the same ratio to 50 percent as the per capita income of such State bears to the per capita income of the United States, except that--

`(i) the allotment percentage shall in no case be more than 75 percent or less than 33 1/3 percent; and

`(ii) the allotment percentage for the District of Columbia and the Commonwealth of Puerto Rico shall be 75 percent; and

`(B) the number of persons age 55 or over in any State and in all States, and the per capita income in any State and in all States, shall be determined by the Secretary on the basis of the most current statistical data as reported by the Secretary of Commerce.

`(3) HOLD HARMLESS-

`(A) MINIMUM ALLOTMENT- In determining State allotments under paragraph (1), the Secretary shall ensure that each State receives, at a minimum, an allotment for each fiscal year that is not less than the allotment the State received under this section for fiscal year 1999.

`(B) ADJUSTMENTS TO ACHIEVE MINIMUM ALLOTMENT- Allotments provided to States for a fiscal year under paragraph (1) shall be proportionally reduced to the extent necessary in order to award each State the allotment described in subparagraph (A).

`(4) EQUITABLE DISTRIBUTION- The Secretary, in awarding grants and contracts under this section, shall, to the extent feasible, assure an equitable distribution of activities under such grants and contracts, in the aggregate, among the States, taking into account the needs of underserved States.

`(c) ALLOCATION WITHIN STATES-

`(1) IN GENERAL- Of the amount allotted to a State under subsection (b)--

`(A) 55 percent of such amount shall be allocated to national organizations that are operating in such State; and

`(B) 45 percent of such amount shall be allocated to the State agency for such State.

`(2) STATE ALLOTMENTS INCREASED- If a national organization receives a percentage of a State allotment under this section for a fiscal year and does not participate in a project under this title in the following fiscal year, the Secretary shall adjust the percentages described in paragraph (1) accordingly.

`(3) EQUITABLE INTRASTATE ALLOCATION-

`(A) IN GENERAL- The amount allocated for projects within each State under this subsection shall be allocated among areas within the State in an equitable manner, taking into consideration the State priorities set out in the State plan pursuant to section 307(a)(26).

`(B) ABSENCE OF PRIORITIES IN STATE PLAN- If the State plan does not contain the priorities described in subparagraph (A), the amount allocated for projects within the State shall be allocated among areas within the State in an equitable manner, taking into consideration--

`(i) the relationship that the number of eligible individuals in each such area bears to the total number of such individuals, respectively, in that State;

`(ii) the relative distribution of such individuals residing in rural and urban areas within the State; and

`(iii) the relative distribution of--

`(I) such individuals who are individuals with greatest economic need;

`(II) such individuals who are minority individuals; and

`(III) such individuals who are individuals with greatest social need.

`SEC. 507. REALLOTMENT.

`(a) IN GENERAL- The amount allotted to a State for projects within the State for a fiscal year under section 506(b) that the Secretary determines is not required for such projects during such year shall be reallotted to other States in proportion to the original allotments to such States under section 506(b) for such year, but such proportionate amount for any of such other States shall be

reduced to the extent such amount exceeds the sum the Secretary estimates that projects in such State need for such year. The total of such reductions shall be similarly reallotted among the States whose proportionate amounts were not so reduced.

`(b) DATE OF REALLOTMENTS- The Secretary may make the allotments described in subsection (a) from time to time and on such dates during the year as the Secretary determines to be appropriate.

`(c) REALLOTMENT PART OF ORIGINAL ALLOTMENT- Any amount reallotted to a State under this section during a fiscal year shall be deemed to be part of the State's allotment under section 506(b) for such year.

`SEC. 508. REPORT.

`The Secretary shall require the State agency for each State receiving funds under this title to prepare and submit a report at the beginning of each fiscal year on such State's compliance with section 506(c)(3). Such report shall include the names and geographic location of all projects assisted under this title and carried out in the State and the amount allocated to each such project under section 506.'.

SEC. 505. DUAL ELIGIBILITY.

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

`SEC. 510. ELIGIBILITY FOR WORKFORCE INVESTMENT ACTIVITIES.

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

SEC. 506. COORDINATION AND PERFORMANCE.

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

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

`(a) PARTNERS- Grantees under this title shall be one-stop partners as described in subparagraphs (A) and (B)(vi) of section 121(b)(1) of the Workforce Investment Act of 1998 (29 U.S.C. 2841(b)(1)) in the one-stop delivery system established under section 134(c) of such Act (29 U.S.C. 2864(c)) for the appropriate local workforce investment areas, and shall carry out the responsibilities relating to such partners.

`(b) COORDINATION- In local workforce investment areas where more than 1 grantee under this title provides services, the grantees shall coordinate their activities related to the one-stop delivery system, and each grantee shall be a signatory of the memorandum of understanding established under section 121(c) of the Workforce Investment Act of 1998 (29 U.S.C. 2841(c)).

`SEC. 513. WAIVERS.

`(a) IN GENERAL- Pursuant to a written request submitted by a grantee receiving funds under section 506, the Secretary may waive any of the statutory or regulatory requirements of this title except the requirements relating to the basic purposes of the program, wage and labor standards, worker rights, participation and protection of workers and participants, grievance procedures, judicial review, and eligibility of participants.

`(b) REQUEST- Any grantee seeking a waiver under subsection (a) shall submit a request that describes the goals of the waiver and the expected improvements in the program if the request is approved.

`(c) DURATION- The duration of each waiver approved under this section shall be limited to the duration of the grant agreement. Such waiver may be renewed pursuant to approval of a subsequent request that meets the requirements of this section.

`(d) REPORT- With respect to each waiver approved under this section, each grantee shall prepare and submit to the Secretary a report concerning the impact of the waiver on the operation and effectiveness of projects and services under this title. Such report shall be submitted not later than 1 year after the expiration of such waiver, and at such times during the waiver period as the Secretary may require.

`SEC. 514. PERFORMANCE.

`(a) MEASURES- The Secretary shall establish, in consultation with grantees under this title, measures of performance that are appropriate to activities authorized by this title. The measures shall consist of indicators of performance and levels of performance applicable to each indicator. The levels of performance shall be adjusted by taking into account such factors as economic conditions and the characteristics of participants.

`(b) REQUIRED INDICATORS- The indicators described in subsection (a) shall include--

`(1) the number of persons served;

`(2) community services provided;

`(3) entry into and retention in unsubsidized employment;

`(4) entry into and duration of subsidized employment;

`(5) rate of pay and benefits in unsubsidized employment;

`(6) rate of pay and benefits in subsidized employment; and

`(7) any additional indicators of performance that the Secretary determines to be appropriate to evaluate services and performance.

`(c) CORRECTIVE EFFORTS- A grantee, or a subgrantee of a State, that does not achieve the established levels of performance on the performance measures shall have not more than 1 year to improve the performance of the grantee or subgrantee and achieve the levels of performance. If the grantee or subgrantee does not achieve the levels of performance for 2 consecutive years, the grantee or subgrantee shall compete for funding under this title, either at the national or State level, whichever is applicable.'.

SEC. 507. AUTHORIZATION OF APPROPRIATIONS.

Section 515 of the Older Americans Act of 1965 (as redesignated by section 504) is amended--

(1) in subsection (a), by striking paragraph (1) and inserting the following:

`(1) such sums as may be necessary for fiscal years 2000 through 2008; and';

(2) in subsection (b)--

(A) in the first sentence, by striking `used' and inserting `available for obligation'; and

(B) by striking the last sentence; and

(3) by adding at the end the following:

`(c) At the end of the program year, the Secretary may recapture any unexpended funds for the program year, and re-obligate such funds within the 2 succeeding program years for--

`(1) incentive grants;

`(2) technical assistance; or

`(3) grants or contracts for any other program under this title.'.

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

SEC. 601. ELIGIBILITY.

Section 612 of the Older Americans Act of 1965 (42 U.S.C. 3057c) is amended--

(1) by redesignating subsection (b) as subsection (c); and

(2) by inserting after subsection (a) the following:

`(b) An Indian tribe represented by an organization specified in subsection (a) shall be eligible for only 1 grant under this part for any fiscal year. Nothing in this subsection shall preclude an Indian tribe represented by an organization specified in subsection (a) from receiving a grant under section 631.'.

SEC. 602. APPLICATIONS.

Section 614 of the Older Americans Act of 1965 (42 U.S.C. 3057e) is amended--

(1) in subsection (a)--

(A) in paragraph (11), by striking `; and' and inserting a semicolon;

(B) in paragraph (12), by striking the period and inserting `; and'; and

(C) by adding at the end the following:

`(13) contain an assurance that the tribal organization will use funds made available through the grant--

`(A) to provide in-service training opportunities and courses of instruction on aging to Indian tribes through public and nonprofit Indian aging organizations; and

`(B) to provide annually a national meeting to train directors of programs under this title.';

(2) in subsection (b), by striking `certification' and inserting `approval'; and

(3) in subsection (c)--

(A) by inserting `(1)' after `(c)'; and

(B) by adding at the end the following:

`(2) The Assistant Secretary shall provide waivers and exemptions of the reporting requirements of subsection (a)(3) for applicants that serve Indian populations in geographically isolated areas, or applicants that serve small Indian populations, where the small scale of the project, the nature of the applicant, or other factors make the reporting requirements unreasonable under the circumstances. The Assistant Secretary shall consult with such applicants in establishing appropriate waivers and exemptions.

`(3) The Assistant Secretary shall approve any application that complies with the provisions of subsection (a), except that in determining whether an application complies with the requirements of subsection (a)(8), the Assistant Secretary shall provide maximum flexibility to an applicant that seeks to take into account subsistence needs, local customs, and other characteristics that are appropriate to the unique cultural, regional, and geographic needs of the Indian populations to be served.

`(4) In determining whether an application complies with the requirements of subsection (a)(12), the Assistant Secretary shall require only that an applicant provide an appropriate narrative description of the geographic area to be served and an assurance that procedures will be adopted to ensure against duplicate services being provided to the same recipients.'.

SEC. 603. AUTHORIZATION OF APPROPRIATIONS.

Section 633(a) of the Older Americans Act of 1965 (42 U.S.C. 3057n(a)) is amended by striking `$30,000,000' and all that follows through the period and inserting `such sums as may be necessary to carry out this title (other than parts C and D).'.

SEC. 604. GENERAL PROVISIONS.

Title VI of the Older Americans Act of 1965 (42 U.S.C. 3057 et seq.) is amended--

(1) by redesignating part C as part E;

(2) by redesignating sections 631 through 633 as sections 651 through 653, respectively; and

(3) by inserting after part B the following:

`PART C--NATIVE AMERICAN ORGANIZATION PROVISIONS

`SEC. 631. NATIVE AMERICAN PROGRAM.

`(a) ESTABLISHMENT- The Assistant Secretary, acting through the Director of the Office for American Indian, Alaskan Native, and Native Hawaiian Aging, shall establish and carry out a program for--

`(1) assisting eligible entities in prioritizing, on a continuing basis, the needs of the service population of the entities relating to elder rights; and

`(2) making grants to eligible entities to carry out vulnerable elder rights protection activities that the entities determine to be priorities.

`(b) APPLICATION- In order to be eligible to receive assistance under this part, an entity shall submit an application to the Assistant Secretary at such time, in such manner, and containing such information as the Assistant Secretary may require.

`(c) ELIGIBLE ENTITY- An entity eligible to receive assistance under this section shall be--

`(1) an Indian tribe; or

`(2) a public agency, or a nonprofit organization, serving older individuals who are Native Americans.

`(d) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated such sums as may be necessary to carry out this section.

`PART D--NATIVE AMERICAN CAREGIVER SUPPORT PROGRAM

`SEC. 641. PROGRAM.

`(a) IN GENERAL- The Assistant Secretary shall carry out a program for making grants to tribal organizations with applications approved under part A, to pay for the Federal share of carrying out tribal programs, to enable the tribal organizations to provide multifaceted systems of the support services described in section 373 for caregivers described in section 373.

`(b) REQUIREMENTS- In providing services under subsection (a), a tribal organization shall meet the requirements specified for an area agency on aging and for a State in the provisions of subsections (c), (d), (e), and (f)(3) of section 373 and of section 374. For purposes of this subsection, references in such provisions to a State program shall be considered to be references to a tribal program under this part.

`(c) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated such sums as may be necessary to carry out this section.'.

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

SEC. 701. AUTHORIZATION OF APPROPRIATIONS.

Section 702 of the Older Americans Act of 1965 (42 U.S.C. 3058a) is amended to read as follows:

`SEC. 702. AUTHORIZATION OF APPROPRIATIONS.

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

SEC. 702. ALLOTMENT.

Section 703(a)(2)(C) of the Older Americans Act of 1965 (42 U.S.C. 3058b(a)(2)(C)) is amended by striking `1991' each place it appears and inserting `1999'.

SEC. 703. ADDITIONAL STATE PLAN REQUIREMENTS.

Section 705(a) of the Older Americans Act of 1965 (42 U.S.C. 3058d(a)) is amended--

(1) in paragraph (6)(C)(iii), by striking the semicolon and inserting `; and';

(2) by striking paragraph (7);

(3) by redesignating paragraph (8) as paragraph (7); and

(4) in paragraph (7) (as redesignated by paragraph (3)), by striking `paragraphs (1) through (7)' and inserting `paragraphs (1) through (6)'.

SEC. 704. STATE LONG-TERM CARE OMBUDSMAN PROGRAM.

Section 712 of the Older Americans Act of 1965 (42 U.S.C. 3058g) is amended--

(1) in subsection (a)--

(A) in paragraph (2), by striking `and advocacy' and inserting `, law enforcement, and advocacy'; and

(B) in paragraph (5)(C)(ii), by inserting `and not stand to gain financially through an action or potential action brought on behalf of individuals the Ombudsman serves' after `interest'; and

(2) in subsection (h)--

(A) in paragraph (4)--

(i) in subparagraph (A)--

(I) by striking `(A) not later than 1 year after the date of enactment of this title, establish' and inserting `strengthen and update';

(II) in the matter preceding clause (i), by inserting `and caregivers described in part E of title III' after `unpaid volunteers'; and

(III) in clause (iii), by striking `and';

(ii) by striking subparagraph (B);

(iii) by redesignating clauses (i) through (iii) as subparagraphs (A) through (C), respectively; and

(iv) by redesignating subclauses (I) through (III) as clauses (i) through (iii), respectively;

(B) in paragraph (7), by striking `; and' and inserting a semicolon;

(C) by redesignating paragraph (8) as paragraph (9); and

(D) by inserting after paragraph (7) the following:

`(8) coordinate services with State and local law enforcement agencies and courts of competent jurisdiction; and'.

SEC. 705. NATIVE AMERICAN ORGANIZATION PROVISIONS.

Title VII of the Older Americans Act of 1965 (42 U.S.C. 3058 et seq.) is amended--

(1) by repealing subtitle B; and

(2) by redesignating subtitle C as subtitle B.

SEC. 706. PREVENTION OF ELDER ABUSE, NEGLECT, AND EXPLOITATION.

Section 721 of the Older Americans Act of 1965 (42 U.S.C. 3058i) is amended--

(1) in subsection (b)--

(A) in the matter preceding paragraph (1), by inserting `including financial exploitation,' after `exploitation,';

(B) in paragraph (2), by inserting `, state and local law enforcement systems, and courts of competent jurisdiction' after `service program';

(C) in paragraph (5)--

(i) by inserting `including caregivers described in part E of title III,' after `individuals,'; and

(ii) by striking `and enhancement of self-determination and autonomy';

(D) in paragraph (7)--

(i) by striking `self-determination,'; and

(ii) by striking the `and' after the semicolon;

(E) in paragraph (8), by striking the period at the end and inserting `; and'; and

(F) by adding at the end the following:

`(9) promoting the development of, and providing technical assistance concerning, pro bono legal assistance programs, legal hot lines, alternative dispute resolution, programs and curricula, related to the rights and benefits of older individuals, in law schools and other institutions of higher education, State and local bar committees on aging, and other methods to expand access by older individuals to legal assistance and advocacy and vulnerable elder rights protection activities.'; and

(2) in subsection (d)(8)--

(A) by inserting `State and local' after `consumer protection and'; and

(B) by inserting `, and services provided by agencies and courts of competent jurisdiction' before the period.

SEC. 707. ASSISTANCE PROGRAMS.

Subtitle A of title VII of the Older Americans Act of 1965 (42 U.S.C 3058 et seq.) is amended by repealing chapters 4 and 5.

TITLE VIII--TECHNICAL AND CONFORMING AMENDMENTS

SEC. 801. TECHNICAL AND CONFORMING AMENDMENTS.

(a) TITLE I- Section 102(34)(C) of the Older Americans Act of 1965 (42 U.S.C. 3002(34)(C)) is amended by striking `307(a)(12)' and inserting `307(a)(9)'.

(b) TITLE II-

(1) Section 201(d)(3) of the Older Americans Act of 1965 (42 U.S.C. 3011(d)(3)) is amended--

(A) in subparagraph (C)(ii), by striking `307(a)(12)' and inserting `307(a)(9)'; and

(B) in subparagraph (J), by striking `307(a)(12)' and inserting `307(a)(9)'.

(2) Section 202 of the Older Americans Act of 1965 (42 U.S.C. 3012) is amended--

(A) in subsection (a)--

(i) in paragraph (19)(C), by striking `paragraphs (2) and (5)(A) of section 306(a)' and inserting `paragraphs (2) and (4)(A) of section 306(a)';

(ii) in paragraph (26), by striking `sections 307(a)(18) and 731(b)(2)' and inserting `section 307(a)(13)'; and

(iii) in paragraph (29) (as redesignated by section 201(1)(C)), by striking `and title IV' and inserting `and part F of title III';

(B) in subsection (c)--

(i) in paragraph (1), by striking `(c)(1)' and inserting `(c)'; and

(ii) by striking paragraph (2); and

(C) in subsection (e)(1)(A)--

(i) in clause (i), by striking `education and training projects established under part A, and research and demonstration projects, and other activities, established under part B, of title IV' and inserting `activities carried out under part F of title III'; and

(ii) in clause (iv), by striking `, and the information provided by the Resource Centers on Native American Elders under section 429E'.

(3) Section 203(a)(3)(A) of the Older Americans Act of 1965 (42 U.S.C. 3013(a)(3)(A)) is amended by striking `section 507' and inserting `section 516'.

(4) Section 205(a)(2)(A) of the Older Americans Act of 1965 (42 U.S.C. 3016(a)(2)(A)) is amended by striking `subparts 1, 2, and 3' and inserting `subparts 1 and 2'.

(5) Section 206 of the Older Americans Act of 1965 (42 U.S.C. 3017) is amended--

(A) in subsection (b), by striking `title IV of this Act' and inserting `part F of title III'; and

(B) in subsection (g) (as redesignated by section 204(2)), by striking `title IV' and inserting `part F of title III'.

(6) Section 207(a) of the Older Americans Act of 1965 (42 U.S.C. 3018(a)) is amended--

(A) by striking paragraph (3); and

(B) by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively.

(7) Section 214 of the Older Americans Act of 1965 (42 U.S.C. 3020e) is amended by striking `307(a)(13)(J)' and inserting `307(a)(10)(E)'.

(c) TITLE III-

(1) Section 301(c) of the Older Americans Act of 1965 (42 U.S.C. 3021(c)) is amended by striking `307(a)(12)' and inserting `307(a)(9)'.

(2) Section 304 of the Older Americans Act of 1965 (42 U.S.C. 3024) is amended--

(A) in subsection (d)(1)(B), by striking `307(a)(12)' and inserting `307(a)(9)';

(B) by striking subsection (e); and

(C) by redesignating subsection (f) (as added in section 303(c)) as subsection (e).

(3) Section 305(a)(2)(F) of the Older Americans Act of 1965 (42 U.S.C. 3025(a)(2)(F)) is amended by striking `307(a)(24)' and inserting `307(a)(16)'.

(4) Section 307 of the Older Americans Act of 1965 (42 U.S.C. 3027) is amended--

(A) in subsection (a), in paragraph (22) (as redesignated by section 305(19)), by striking `306(a)(20)' and inserting `306(a)(8)'; and

(B) in subsection (f)--

(i) in paragraph (1), by striking `(f)(1)' and inserting `(f)'; and

(ii) by striking paragraph (2).

(5) Section 308(b)(4)(A) of the Older Americans Act of 1965 (42 U.S.C. 3028(b)(4)(A)) is amended by striking `307(a)(13)' and inserting `307(a)(10)'.

(6) Section 310 of the Older Americans Act of 1965 (42 U.S.C. 3030) is amended by striking `title IV' each place it appears and inserting `part F'.

(7) Section 321(a)(15) of the Older Americans Act of 1965 (42 U.S.C. 3030d(a)(15)) is amended by striking `section 307(a)(16)' and inserting `section 307(a)(12)'.

(d) TITLE V- Section 502(e)(1) of the Older Americans Act of 1965 (42 U.S.C. 3056(e)(1)) is amended by striking `section 506(a)(2)(A)' and `section 506(a)(1)'.

(e) TITLE VI- Section 614(a) of the Older Americans Act of 1965 (42 U.S.C. 3057e(a)) is amended--

(1) by striking paragraph (9); and

(2) by redesignating paragraphs (10) through (13) (as added in section 602(1)(C)) as paragraphs (9) through (12), respectively.

(f) TITLE VII-

(1) Section 703(a)(2)(C) of the Older Americans Act of 1965 (42 U.S.C. 3058b(a)(2)(C)) is amended--

(A) in clause (i), by striking `section 702(a)' and inserting `section 702 and made available to carry out chapter 2'; and

(B) in clause (ii), by striking `section 702(b)' and inserting `section 702 and made available to carry out chapter 3'.

(2) Section 712(a)(1) of the Older Americans Act of 1965 (42 U.S.C. 3058g(a)(1)) is amended by striking `section 702(a)' and inserting `section 702 and made available to carry out this chapter'.

(3) Section 721(a) of the Older Americans Act of 1965 (42 U.S.C. 3058i(a)) is amended by striking `section 702(b)' and inserting `section 702 and made available to carry out this chapter'.

(4) Section 761(2) of the Older Americans Act of 1965 (42 U.S.C. 3058bb(2)) is amended by striking `chapter 2, 3, 4, or 5 of this title' and inserting `subtitle A'.

(5) Section 762 of the Older Americans Act of 1965 (42 U.S.C. 3058cc) is amended, in the matter preceding paragraph (1), by striking `or an entity described in section 751(c)'.

(6) Section 764(b) of the Older Americans Act of 1965 (42 U.S.C. 3058ee(b)) is amended by striking `, area agencies on aging, and entities described in section 751(c)' and inserting `and area agencies on aging'.

END