HR 1637 IH
106th CONGRESS 1st
Session
H. R. 1637 To
amend the Older Americans Act of 1965 to extend authorizations of
appropriations for programs under the Act through fiscal year 2004, to
establish a National Family Caregiver Support Program, to modernize aging
programs and services, to address the need to engage in life course
planning, and for other purposes.
IN THE HOUSE OF
REPRESENTATIVES April 29, 1999
Mr. MARTINEZ introduced the following bill; which was referred to the
Committee on Education and the Workforce
A BILL To amend the Older
Americans Act of 1965 to extend authorizations of appropriations for
programs under the Act through fiscal year 2004, to establish a National
Family Caregiver Support Program, to modernize aging programs and
services, to address the need to engage in life course planning, 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 IN ACT;
TABLE OF CONTENTS.
(a) SHORT TITLE- This Act may be cited as
the `Older Americans Act Amendments of 1999'.
(b) REFERENCES-
Except where otherwise specifically provided, references in this Act shall
be considered to be made to the Older Americans Act of 1965, or to a
section or other provision thereof.
(c) TABLE OF CONTENTS-
The table of contents of this Act is as follows:
Sec. 1.
Short title; references in Act.
TITLE I--AMENDMENTS TO
THE OLDER AMERICANS ACT OF 1965
Part A--Administration on
Aging
Sec. 101. National Eldercare Locator
Service.
Sec. 102. Repeal of executed
requirements.
Sec. 103. Development of performance
outcome measures.
Sec. 104. Federal agency
consultation.
Sec. 105. Acceptance of gifts for
certain purposes.
Sec. 106. Authorization of
appropriations.
Part B--State and Community Programs on
Aging
Sec. 111. Clarification concerning services to
non-elderly.
Sec. 112. Reorganization and
streamlining of area plan requirements.
Sec. 113.
Coordination of services for individuals with disabilities under area
plans.
Sec. 114. Eligibility of older Native
Americans for services under area plans.
Sec. 115.
Reorganization and streamlining of state plan requirements.
Sec. 116. Health care information systems.
Sec. 117. State option for cost sharing.
Sec. 118. State option concerning consumer-directed
services.
Sec. 119. State-area agency service
innovation development projects.
Sec. 120. Transfer
of funds between programs.
Sec. 121. Availability of
disaster relief funds to tribal organizations.
Sec.
122. Nutrition services incentive program.
Sec. 123.
Waivers of certain requirements for State programs.
Sec. 124. Consolidation of authorities for supportive services
and senior centers.
Sec. 125. Consolidation of
authorities for nutrition services.
Sec. 126.
National family caregiver support program.
Sec. 127.
Authorization of appropriations.
Part C--State and Local
Innovations and Programs of National Significance
Sec.
141. Revision of title IV.
Sec. 142. Authorization of
appropriations.
Part D--Community Service Employment for
Older Americans
Sec. 151. Purposes of projects.
Sec. 152. Program authorized.
Sec. 153.
Administration.
Sec. 154. Equitable distribution of
assistance.
Sec. 155. Authorization of
appropriations.
Sec. 156. Workforce investment
activities.
Sec. 157. Additional
provisions.
Part E--Grants for Native Americans
Sec. 161. Limit of one grant per Native American
organization.
Sec. 162. Expenditures for nutrition
services.
Sec. 163. Authorization of
appropriations.
Part F--Vulnerable Elder Rights
Protection
Sec. 171. Consolidated authorization of
appropriations and related amendments.
Sec. 172. Life
course planning program.
Sec. 173. Demonstration
authority extended to life course planning.
Sec. 174.
Amendment of inconsistent provisions concerning assistance program for
insurance and public benefits.
Part G--Definitions
Part H--Effective
Date
Sec. 191. Effective date.
TITLE
II--WHITE HOUSE CONFERENCE ON AGING
Sec. 201. White House
Conference authorized.
Sec. 202. Conference
administration.
Sec. 203. Policy Committee; related
committees.
Sec. 204. Report of the
Conference.
Sec. 206. Authorization of appropriations.
TITLE I--AMENDMENTS TO THE OLDER AMERICANS ACT OF
1965
PART A--ADMINISTRATION ON AGING
SEC. 101. NATIONAL ELDERCARE LOCATOR SERVICE.
Section
202(a)(24) (42 U.S.C. 3012(a)(24)) is amended to read as follows:
`(24) develop and operate, either directly or through
contracts, grants, or cooperative agreements, a National Eldercare Locator
Service, providing nationwide toll-free information and assistance
services to identify community resources for older
individuals;'.
SEC. 102. REPEAL OF EXECUTED
REQUIREMENTS.
(a) STUDY ON TARGETING OF FUNDS- Section 202(a)
(42 U.S.C. 3012(a)) is amended--
(1) by striking
paragraph (27); and
(2) by redesignating paragraphs
(28) through (30) as paragraphs (27) through (29), respectively.
(b) EVALUATION OF NUTRITION SERVICES- Section 206 (42 U.S.C. 3017)
is amended--
(1) by striking subsection (g);
and
(2) by redesignating subsection (h) as
subsection (g).
SEC. 103. DEVELOPMENT OF PERFORMANCE
OUTCOME MEASURES.
Section 202 (42 U.S.C. 3012) is amended by
adding at the end the following new subsection:
`(f)
PERFORMANCE OUTCOME MEASURES-
`(1) IN GENERAL- The
Assistant Secretary, in accordance with the process described in paragraph
(2), shall develop in collaboration with a representative group of State
and area agencies on aging, 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 the
Act.
`(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 and area agencies on aging;
`(B) development of a set of such measures that provide
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
measures.'.
SEC. 104. FEDERAL AGENCY
CONSULTATION.
Section 203(b) (42 U.S.C. 3013(b)) is
amended--
(1) by striking `and' at the end of paragraph
(17);
(2) by striking the period at the end of
paragraph (18) and inserting `; and'; and
(3) by
adding at the end the following new paragraph:
`(19)
title I of the Workforce Investment Act of 1998.'.
SEC.
105. ACCEPTANCE OF GIFTS FOR CERTAIN PURPOSES.
Section 215
(42 U.S.C. 3020f) is amended--
(1) in the caption, by
striking `APPROPRIATIONS' and inserting `APPROPRIATIONS; GIFTS.';
and
(2) by adding at the end the following new
subsection:
`(1) AUTHORITY
TO ACCEPT GIFTS- The Assistant Secretary may accept, on behalf of the
United States, gifts (in cash or in kind, including voluntary and
uncompensated services), which shall be available until expended for the
purposes
specified in paragraph (2). Gifts of cash shall be
available in addition to amounts appropriated to carry out this Act.
`(2) USE OF GIFTS- Gifts accepted pursuant to paragraph (1)
may be used either directly, or for grants to or contracts with public or
non-profit private entities, for the following activities under this
title:
`(A) The design and implementation of
demonstrations of innovative ideas and best practices in programs and
services for older individuals.
`(B) The
planning and conduct of conferences for the purpose of exchange among
concerned individuals and public and private entities and organizations of
information relating to programs under this Act and other programs and
services for older individuals.
`(C) The
development, publication, and dissemination of informational materials (in
print, visual, electronic, or other media) relating to the programs and
services under this Act and other matters of concern to older
individuals.
`(3) ETHICS GUIDELINES- The
Assistant Secretary shall establish written guidelines setting forth the
criteria to be used in determining whether the acceptance of gifts or
donations pursuant to this paragraph would reflect unfavorably upon the
ability of the Administration on Aging, or the Department of Health and
Human Services, or any employee to carry out its responsibilities or
official duties in a fair and objective manner, or would compromise the
integrity or the appearance of integrity of its programs or of any
official involved in those programs.'.
SEC. 106.
AUTHORIZATIONS OF APPROPRIATIONS.
(a) FEDERAL COUNCIL ON THE
AGING- Section 204(g) (42 U.S.C. 3015(g)) is amended by striking all that
follows `There are authorized to be appropriated' and inserting `such sums
as may be necessary to carry out this section.'.
(b)
ADMINISTRATION ON AGING- Section 215 (42 U.S.C. 3020f) (as amended by
section 102) is further amended--
(1) by striking `for
the Administration' and all that follows and inserting the
following:
`for the Administration--
`(1) $16,830,000 for fiscal year 2000; and
`(2) such
sums as may be necessary for each of the four succeeding fiscal
years.';
(2) by striking subsection (b);
and
(3) by redesignating subsection (c) (as added by
section 102) as subsection (b).
PART B--STATE AND
COMMUNITY PROGRAMS ON AGING
SEC. 111. CLARIFICATION
CONCERNING SERVICES TO NON-ELDERLY.
Section 301 (42 U.S.C.
3021) is amended by adding at the end the following new subsection:
`(d) SCOPE OF SERVICES; USE OF FUNDS-
`(1)
RESTRICTED USE OF RESOURCES UNDER THE ACT- Federal funds paid to States
under this title, and cash and in-kind contributions required by section
304(d) as the non-Federal share of expenditures under this title, shall be
used only for activities and services to benefit older individuals and
other individuals as specifically provided in this title.
`(2) RESTRICTION INAPPLICABLE TO OTHER RESOURCES- Neither
paragraph (1) nor any other provision of this title shall be construed to
prohibit State or area agencies on aging from engaging in activities or
providing services to benefit individuals not described in paragraph (1)
using cash or in-kind
resources from sources not described in
paragraph (1).'.
SEC. 112. REORGANIZATION AND STREAMLINING OF AREA
PLAN REQUIREMENTS.
(a) AREA PLAN REQUIREMENTS- Section 306(a)
(42 U.S.C. 3026(a)) is amended--
(1) in the matter
preceding paragraph (1), by striking `Each such plan shall--' and
inserting `Each such plan shall comply with the following
requirements:';
(2) in paragraph (1), to read as
follows:
`(1) SERVICES PROVIDED- The plan shall
provide for the furnishing, through a comprehensive and coordinated
system, of services the need for which has been determined pursuant to
paragraph (3), including--
`(A) supportive
services (including at least the service specified in paragraph
(2);
`(B) nutrition services;
and
`(C) where appropriate, the
establishment, maintenance, or construction of multipurpose senior
centers.';
(A) by inserting `PRIORITY SERVICES- The plan shall' after
`(2)';
(B) by striking `section 307(a)(22)'
and inserting `section 307(a)(2)';
(C) by
striking `and specify annually in such plan, as submitted or as amended'
and inserting `and assurances that the area agency will report annually to
the State agency'; and
(D) by striking the
semicolon at the end and inserting a period;
(4) by striking paragraphs (3) (designation of focal points for service
delivery in each community) and (4) (information and assistance
services);
(5) by inserting after paragraph (2) the
following new paragraph:
`(3) DETERMINATION OF
NEEDS- The plan shall provide for determining the extent of need for the
services specified in paragraphs (1) and (2) in the area taking into
consideration, among other things--
`(A) the
numbers of older individuals residing in such area--
`(i) who have low incomes;
`(ii) who have greatest economic need (with particular
attention to low-income minority individuals);
`(iii) who have greatest social need (with particular
attention to low-income minority individuals); or
`(iv) who are Native Americans;
and
`(B) the effectiveness of use of
resources (including efforts of volunteers and voluntary organizations) in
meeting such need.';
(6) by redesignating
paragraph (5) as paragraph (4), and amending the paragraph--
(A) by inserting `OBJECTIVES FOR SERVICES TO OLDER
INDIVIDUALS WITH GREATEST NEED- The plan shall' after `(4)';
and
(B) by striking the semicolon at the
end and inserting a period;
(A) by inserting `POLICY DEVELOPMENT- The
plan shall--' after `(6)';
(B) by striking
subparagraphs (A) (evaluations and public hearings) and (B) (technical
assistance to providers);
(C) by relocating
and redesignating subparagraph (D) as subparagraph (A);
(D) by relocating and redesignating subparagraph (F) as
subparagraph (B);
(E) by relocating and
redesignating subparagraph (M) as subparagraph (D);
(F) by striking the semicolon at the end of subparagraph
(D) (as so redesignated) and inserting a period; and
(G) by striking subparagraphs (E) (arrangements with
specified organizations), (G) (methods for determining priority services),
(J) (identification of protective service providers), (L) (coordination of
services for Alzheimer's patients), (O) (information on higher education),
(Q) (coordination with housing providers), (R) (telephone listings of area
agencies), and (S) (coordination of transportation
services);
(8) by striking paragraphs (7)
through (10) (assurances that funds will be spent for the purposes
awarded);
(9) by striking subparagraphs (I) and (K)
of paragraph (6) (community-based long-term care services) and inserting
after paragraph (6) the following new paragraph:
`(7) COMMUNITY-BASED LONG-TERM CARE SERVICES- The plan shall provide that
the area agency 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.';
(10) by relocating and
redesignating paragraph (20) as paragraph (8), and amending such paragraph
by inserting `PROVISION OF CASE MANAGEMENT SERVICES- The plan shall' after
`(8)';
(11) by redesignating paragraph (11) as
paragraph (9), and amending such paragraph--
(A)
by inserting `MAINTENANCE OF EFFORT FOR OMBUDSMAN PROGRAM- The plan shall'
after `(9)';
(B) by striking `section
307(a)(12)' and inserting `section 307(a)(9)'; and
(C) by striking the semicolon at the end and inserting a
period;
(12) by redesignating and relocating
paragraph (6)(P) as paragraph (10), and amending such
paragraph--
(A) by inserting `GRIEVANCE
PROCEDURE- The plan shall' after `(10)'; and
(B) by striking the semicolon and inserting a
period;
(13) by striking paragraphs (6)(N),
(18), and (19), and inserting after paragraph (10) the following
paragraph:
`(11) SERVICES TO NATIVE AMERICANS- The
plan shall provide the following assurances concerning services to older
Native Americans:
`(A) If there is a significant
population of older individuals who are Native Americans in the area, the
area agency will pursue activities, including outreach, to increase access
of such individuals to programs and benefits under this
title.
`(B) The area agency will, to the
maximum extent practicable, coordinate the services it provides under this
title with services provided under title VI.';
(14) by striking paragraph (12) (area option concerning volunteer services
coordinator);
(15) by striking paragraphs (13)
through (16) (description of and assurances concerning activities of area
agency);
(16) by striking paragraph (17);
and
(17) by striking paragraph (6)(H), and inserting
after paragraph (11) the following new paragraph:
`(12) COORDINATION WITH PROGRAMS OF OTHER AGENCIES- The plan shall provide
that the area agency on aging will establish procedures for coordination
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
area.'.
(b) STATE WAIVERS- Section 306(b) (42 U.S.C.
3026(b)) is amended--
(1) by striking paragraph (2)
(procedural requirements for State agency waivers to area agencies);
and
(2) by striking `(1)' after `(b)'.
SEC. 113. COORDINATION OF SERVICES FOR INDIVIDUALS WITH
DISABILITIES UNDER AREA PLANS.
Section 306(a) (42 U.S.C.
3026(a)) (as amended by section 112 of this Act) is further amended by
inserting after paragraph (4) the following new paragraph:
`(5) COORDINATION OF SERVICES FOR INDIVIDUALS WITH
DISABILITIES- The plan shall provide assurances that the area agency on
aging will coordinate planning, identification, assessment of needs, and
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.'.
SEC. 114. ELIGIBILITY OF OLDER INDIANS FOR SERVICES UNDER AREA
PLANS.
(a) UNDER AREA PLANS- Section 306(a)(11) (42 U.S.C.
3026(a)(11)) (as added by section 112) is amended by adding at the end the
following new subparagraph:
`(C) Notwithstanding any
provision of this Act restricting eligibility for services to individuals
aged 60 or older, the area agency will make services under the area plan
available, to the same extent as such services are available to older
individuals within the service area, to older Indians eligible for
services under an approved plan under title VI.'.
(b) UNDER GRANTS FOR INDIANS- Sections 602, 611, 613, and 614 (42 U.S.C.
3057a. 3057b, 3057d, and 3057e, respectively) are each amended by striking
`individuals who are' each place it appears.
SEC. 115.
REORGANIZATION AND STREAMLINING OF STATE PLAN REQUIREMENTS.
Section 307(a) (42 U.S.C. 3027(a)) is amended--
(1) by
striking paragraphs (1) and (2) and inserting the following:
`(1) AREA PLANS- The plan shall--
`(A) require each area agency 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) by striking
paragraphs (3)(A) (evaluation of need for services), (9) (information and
assistance services), and (22) (funding shares for priority services), and
amending paragraph (2) to read as follows:
`(2)
DETERMINATION OF SERVICE NEEDS- The plan shall provide that the State
agency will--
`(A) evaluate, using uniform
procedures under section 202(a)(29), 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 existing public or private programs and resources
(including volunteers and programs and services of voluntary
organizations) meet such need; and
`(C)
specify a minimum percentage of the funds received by each area agency for
part B to be expended (unless waived by the State agency under section
306(b)) (42 U.S.C. 3026(b)) by such area agency to provide each of the
categories of services specified in section 306(a)(2).';
(3) by striking paragraphs (3)(B) (maintaining rural funding),
(29) and (37) (rural services and costs thereof), and (33) (intra-State
funding formula), and adding after paragraph (2) the following new
paragraph:
`(3) INTRA-STATE FUNDING REQUIREMENTS-
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 intra-State distribution of funds); and
`(B) with respect to services to 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 105 percent of the amount
so expended for fiscal year 1978;
`(ii) identify, for each fiscal year under the plan, 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 the such services in the fiscal year
preceding the first year to which such plan applies.';
(4) by striking paragraph (4) (methods of administration,
personnel standards);
(5) by striking paragraph (8)
(evaluations and hearings) and inserting after paragraph (3) the following
paragraph:
`(4) EVALUATIONS- 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
outreach and provision of services to individuals with greatest economic
need, greatest social need, or disabilities, with particular attention to
low-income minority individuals.';
(6) by striking
paragraph (43) (grievance procedures) and amending paragraph (5) (hearing
for area agencies and providers) to read as follows:
`(5) HEARINGS FOR AREA AGENCIES AND PROVIDERS; GRIEVANCE PROCEDURES- 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 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).';
(7) in paragraph (6), by
inserting `REPORTS- ' after `(6)';
(A) by inserting `FISCAL CONTROLS- ' after
`(7)'; and
(B) by striking subparagraph
(C);
(9) by redesignating paragraph (10) as
paragraph (8) and amending such paragraph by inserting `RESTRICTION ON
DIRECT PROVISION OF SERVICES- ' after `(8)';
(10) by
striking paragraph (11) (hiring preference for older individuals and
individuals trained in field of aging);
(11)(A) by
redesignating paragraph (12) as paragraph (9), and amending such
paragraph--
(i) by inserting `LONG-TERM CARE
OMBUDSMAN PROGRAM- ' after `(9)'; and
(ii)
by adding before the period `, and will expend for such purpose not less
than the total amount so expended by the State agency in fiscal year
1991'; and
(B) by striking paragraph
(21);
(12) by redesignating paragraph (13) as
paragraph (10), and amending such paragraph--
(A) by inserting `NUTRITION SERV-ICES- ' after `(10)';
(B) by striking subparagraphs (B) (primary consideration
to congregate meals), (D) (accessibility of congregate meal site), (E)
(outreach), (H) (grandfathered providers of home-delivered meals), and (M)
(nonfinancial eligibility criteria); and
(C)(i) by inserting `and' at the end of subparagraph (K);
(ii) by striking `; and' at the end of subparagraph (L)
and inserting a period; and
(iii) by
redesignating subparagraph (C) and the remaining subparagraphs as
subparagraphs (B) through (H);
(13) by striking
paragraph (14) (restrictions on use of funds under the Act for
acquisition, alteration, or construction of facilities);
(14)(A) by redesignating paragraph (15) as paragraph (12), and
amending such paragraph--
(i) by inserting
`LEGAL ASSISTANCE- ' after `(12)'; and
(ii)(I) by striking `and' at the end of subparagraph (D);
and
(II) by striking the period at the end
of subparagraph (E) and inserting `; and'; and
(B)(i) by amending paragraph (18) by striking all that precedes `assign
personnel' and inserting `the State will'; and
(ii)
by relocating and redesignating such paragraph (18) as paragraph
(12)(F);
(15) by redesignating paragraph (16) as
paragraph (13), and amending such paragraph by inserting `PREVENTION OF
ABUSE- ' after `(13)';
(16) by striking paragraph
(17) (in-service personnel training);
(17) by
striking paragraph (19) (guarantees that area agencies may give grants or
contracts to providers of education and training services);
(18) by redesignating paragraph (20) as paragraph (14), and
amending such paragraph by inserting `Older individuals of limited
english-speaking ability- ';
(19) by redesignating
paragraph (23) as paragraph (15), and amending such paragraph by inserting
`SPECIAL NEEDS POPULATIONS- ' after `(15)';
(20) by
redesignating paragraph (24) as paragraph (16), and amending such
paragraph by inserting `OUTREACH- ' after `(16)';
(21) by redesignating paragraph (25) as paragraph (17), and amending such
paragraph by inserting `OLDER INDIVIDUALS WITH SEVERE DISABILITIES- '
after `(17)';
(22) by redesignating paragraph (26)
as paragraph (18), and amending such paragraph--
(A) by inserting `COMMUNITY-BASED SERVICES- (A) LONG-TERM CARE SERV-ICES-
' after `(18)'; and
(B) by striking
`section 306(a)(6)(I)' and inserting `section
306(a)(6)(D)';
(23) by relocating and
redesignating paragraph (44) as paragraph (18)(B);
(24) by striking paragraph (27) (assurances concerning part D in-home
services program);
(25) by striking paragraph (28)
(assurances concerning part E special needs program);
(26) by redesignating paragraph (30) as paragraph (19), and
amending such paragraph by inserting `TITLE VII PROGRAM- ' after
`(19)';
(27) by striking paragraph (31) (State
volunteer services coordinator);
(28) by
redesignating paragraph (32) as paragraph (20), and amending such
paragraph by inserting `TECHNICAL ASSISTANCE TO PROVIDERS- ' after
`(20)';
(29)(A) by redesignating paragraph (34) as
paragraph (21), and amending such paragraph by inserting `OLDER NATIVE
AMERICANS- (A)' after `(21)'; and
(B) by
redesignating subparagraph (A) and (B) of paragraph (35) as clauses (i)
and (ii), and redesignating and relocating such paragraph (35) as
subparagraph (B) of paragraph (21);
(30) by
redesignating paragraph (36) as paragraph (22), and amending such
paragraph by inserting `CASE MANAGEMENT PROVIDERS- ' after
`(22)';
(31) by striking paragraphs (38) and (39)
(assurances concerning use of funds);
(32) by
striking paragraph (40) (assurances concerning part G program for inhome
caretakers);
(33) by striking paragraph (41)
(efforts to coordinate services and provide multigenerational activities);
and
(34) by striking paragraph (42) (coordination of
transportation services);
SEC. 116. HEALTH CARE
INFORMATION SYSTEMS.
Section 307(a) (42 U.S.C. 3027(a)) (as
previously amended) is amended by inserting after paragraph (10) the
following new paragraph:
`(11) HEALTH CARE INFORMATION,
COUNSELING, ADVOCACY, AND COORDINATION-
`(A)
ASSURANCE- The plan shall contain an assurance that the State agency will
make demonstrable efforts--
`(i) to
develop, arrange for, and operate a system providing any one or more of
the services specified in subparagraph (B); or
`(ii) to coordinate the provision, by another entity
or entities within the State, of any one or more of such
services.
`(B) SERVICES- The services
which may be provided for under subparagraph (A) include--
`(i) health care information services to assist older
individuals to make informed health care choices;
`(ii) counseling of older individuals in the selection
of public and private health care benefits, policies, and
options;
`(iii) a health care
ombudsman program to provide health care advocacy and assist vulnerable
older individuals with health care choices and appeals;
and
`(iv) assistance to providers
of nutrition and supportive services and providers of acute and chronic
health care with respect to identifying and meeting health care needs of
older individuals.'.
SEC. 117. STATE OPTION FOR
COST SHARING.
(a) STATE PLAN REQUIREMENT- Section 307(a) (42
U.S.C. 3027(a)) (as previously amended) is amended by adding at the end
the following new paragraph:
`(23) STATE OPTION FOR COST
SHARING- If the State elects to require cost sharing by recipients of
services under the State plan (or to require or permit area agencies on
aging to require cost sharing by recipients of services under area plans),
the plan shall--
`(A) provide that no cost
sharing shall be required for--
`(i)
information and assistance, outreach, or case management
services;
`(ii) ombudsman or other
protective services; or
`(iii)
congregate or home-delivered nutrition services; and
`(B)(i) exempt from cost-sharing requirements individuals
who declare that they have incomes below a low-income threshold set by the
State, and
`(ii) set cost-sharing rates for
individuals with incomes above such threshold on a sliding-fee scale based
on income.'.
(b) AREA PLAN REQUIREMENT- Section
306(a) (42 U.S.C. 3026(a)) (as previously amended) is amended by adding at
the end the following new paragraph:
`(12) provide
assurances that any requirements for cost-sharing by recipients of
services under the plan will be consistent with the provisions of the
State plan under section 307(a)(23).'.
SEC. 118. STATE
OPTION CONCERNING CONSUMER-DIRECTED SERVICES.
(a) STATE PLAN
AMENDMENT- Section 307(a) (42 U.S.C. 3027(a)) (as previously amended by
this Act) is further amended by adding at the end the following new
paragraph:
`(24) STATE OPTION CONCERNING
CONSUMER-DIRECTED SERVICES- The plan shall specify--
`(A) whether (and if so, with respect to which supportive
or nutrition services) the State elects to permit area agencies on
aging--
`(i) to provide services to
older individuals through direct contracts with the individuals delivering
such services; or
`(ii) to provide
vouchers or cash to older individuals to permit such older individuals to
contract with individuals or entities for the delivery of such services
(and, if so, any requirements for the setting of payment rates or
amounts);
`(B) the qualifications and
other requirements that must be met by individuals and entities providing
services under such arrangements; and
`(C)
whether (and, if so, the conditions under which) services may be provided
to an older individual by a family member under such an
arrangement;
`(D) how the State will
monitor activities described in subparagraph (A)(ii) to ensure that
vouchers or cash are used for the purposes for which they are provided;
and
`(E) that the State agency will
implement procedures necessary to ensure appropriate withholding and
crediting of taxes and other amounts from payments
to
individuals and entities providing consumer-directed services, in
compliance with applicable Federal and State laws.'.
(b)
CONFORMING AMENDMENT- Section 210(b) (42 U.S.C. 302a(b)) is amended by
inserting `(including any cash or voucher provided in accordance with
section 307(a)(24)(A)(ii)' before `may be treated as income or
benefits'.
SEC. 119. STATE-AREA AGENCY SERVICE INNOVATION
DEVELOPMENT PROJECTS.
(a) PROJECTS AUTHORIZED- Section 307
(42 U.S.C. 3027) is amended--
(1) in subsection (a), as
previously amended by this Act, by adding at the end the following new
paragraph:
`(25) STATE OPTION FOR SERVICE INNOVATION
DEVELOPMENT PROJECTS- The plan shall state whether the State elects to
operate a program under subsection (g), and if so shall provide the
information required by subsection (g)(2).'.
`(g)
Service Innovation Development Projects-
`(1) PROJECTS
AUTHORIZED- A State agency may elect to implement a project or projects,
in collaboration with one or more area agencies, to develop, test, and
implement innovative, cost-effective methods of delivering to older
individuals and their families services that may be provided with funds
under this Act.
`(2) STATE PLAN REQUIREMENT- The
State plan shall specify--
`(A) the service
innovations to be developed and tested;
`(B) the area agencies that will participate;
`(C) the period during which the project will be
implemented;
`(D) the methodology to be
used to evaluate the results of the demonstration;
`(E) the amount of funds to be used; and
`(F) such other information as the Assistant Secretary may
require.
`(3) Availability of funds-
`(A) IN GENERAL- The State agency may reserve, from the
total amount appropriated for a fiscal year under subsections (a) and (b)
of section 303 and allotted to the State under section 304, up to the
greater of 4 percent of such total amount or
`(i) $300,000, in the case of each of the fifty
States, the District of Columbia, and the Commonwealth of Puerto Rico;
and
`(ii) $50,000, in the case of
Guam, the United States Virgin Islands, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
`(B) RESTRICTION- Amounts available under this subsection
shall be used only for costs of delivering services, and may not be used
for related administrative costs.'.
SEC. 120.
TRANSFER OF FUNDS BETWEEN PROGRAMS.
(a) STREAMLINING OF
GENERAL RULES- Section 308(b) (42 U.S.C. 3028(b)) is amended--
(A) by
striking `(A)' after `(4)'; and
(B) by
striking subparagraph (B) (Assistant Secretary's discretion to permit
State to transfer additional amounts between congregate and home-delivered
meal programs); and
(2) in paragraph (5)
(authority to transfer funds between nutrition and services programs), to
read as follows:
`(5) Of the funds received by a State
for a fiscal year from funds appropriated under subsections (a)(1), and
(b) (1) and (2), of section 303, the State may elect to transfer not more
than 20 percent between programs under part B and part C, for use as the
State considers appropriate.'.
(b) WAIVER AUTHORITY- For the
Assistant Secretary's authority to waive limitations on amounts
transferable between programs, see section 123 of this Act, adding a new
section 314.
SEC. 121. AVAILABILITY OF DISASTER RELIEF FUNDS
TO TRIBAL ORGANIZATIONS.
Section 310 (42 U.S.C. 3030) is
amended--
(1) in subsection (a)(1)--
(A) by inserting `(or to any tribal organization receiving
a grant under title VI)' after `any State'; and
(B) by inserting `(or used by such tribal organization)'
before `for the delivery of supportive services';
(2) in subsection (a)(2), by inserting `and tribal
organizations' after `States'; and
(3) in subsection
(a)(3), by inserting `or tribal organization' after `State' each place it
appears; and
(4) in subsections (b)(1) and (c), by
inserting `and tribal organizations' after `States'.
SEC.
122. NUTRITION SERVICES INCENTIVE PROGRAM.
(a) ADJUSTMENT OF
ALLOTMENT FORMULA- Section 311 (42 U.S.C. 3030a) is amended--
(1) in the caption, to read: `NUTRITION SERVICES INCENTIVE
PROGRAM';
(2) by relocating and redesignating
subsection (a)(4)(B) as subsection (b)(4);
(3) by
striking the balance of subsection (a)(4);
(4) by
redesignating subsections (a), (b), (c), and (d) as subsections (c), (d),
(e), and (f), respectively;
(5) by inserting after
the caption the following new subsections:
`(a) PURPOSE-
The purpose of the program under this section is to enable the Secretary
of Agriculture to provide incentives to encourage and reward effective
performance by States and tribal organizations in the efficient delivery
of nutritious meals to older Americans.
`(b) Nutrition
Services Incentive Payments-
`(1) IN GENERAL- The
Secretary shall allot any 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 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) CALCULATION OF ALLOTMENT FOR CERTAIN TRIBAL
ORGANIZATIONS- For purposes of paragraph (1), in the case of a tribal
organization that has a plan approved under title VI for a fiscal year but
that did not receive assistance under this section for the preceding
fiscal year, the number of meals served by the tribal organization in 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 current fiscal year.'; and
(6)
in subsection (e), as redesignated, to read as follows:
`(e) AUTHORIZATION OF APPROPRIATIONS- For carrying out the purposes of
this section (other than subsection (c)(1)), there are authorized to be
appropriated $150,000,000 for fiscal year 2000 and such sums as may be
necessary for each of the four succeeding fiscal years.'.
(b)
ELIMINATION OF MAINTENANCE OF EFFORT- Section 339A is repealed.
SEC. 123. WAIVERS OF CERTAIN REQUIREMENTS FOR STATE PROGRAMS.
(a) GENERAL WAVIER AUTHORITY- Part A of title III (42 U.S.C. 3021
et seq.) is amended by adding at the end the following new section:
`SEC. 315. WAIVERS.
`(a) IN GENERAL- The Assistant
Secretary may waive any of the provisions enumerated in subsection (b)
with respect to a State, upon 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 States legislature has been obtained or is not
required;
`(2) the State agency has consulted with
area agencies on aging with respect to the proposal for which waiver is
sought;
`(3) such proposal has been made available
for public review and comment within the State (and a summary of comments
received shall be included with the application); and
`(4) the State agency has given adequate consideration to the
probable positive and negative consequences of approval of the waiver
application, and the probable benefits for older individuals can
reasonably be expected to outweigh any negative consequences, or
particular circumstances in the States otherwise justify the
waiver.
`(b) REQUIREMENTS SUBJECT TO WAIVER- The
provisions of this title that may be waived under this section are--
`(1) any provisions of section 305, 306, 307 requiring
statewide uniformity of programs 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 under section 306(a);
`(3) any
State plan requirement under section 307(a);
`(4)
any restriction, under section 308(b) (4) or (5), on the amount that may
be transferred between programs under part B and part C, or between
programs under subpart 1 and subpart 2 of part C; and
`(5) all or any part of the reduction in allotment required
under section 309(c) with respect to a State which reduces expenditures
under its State plan (but only to the extent that the non-Federal share of
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). The Assistant Secretary, in
granting any 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 appropriate.
`(d)
REPORTS TO SECRETARY- The State agency shall make to the Assistant
Secretary, with respect to each waiver granted under this section, not
later than one year
after the expiration of such waiver, and at
any times during the waiver period that the Assistant Secretary may
require, concerning the impact of the waiver on the operation and
effectiveness of programs and services under this title in the State.'.
(b) CONFORMING AMENDMENTS-
(1) Section 207(a) (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.
(2) Section 307(b) (42 U.S.C.
3027(b)) is amended--
(A) by striking paragraph
(2) (waiver of maintenance of effort for rural areas); and
(B) by striking `(1)' after `(b)'.
SEC. 124. CONSOLIDATION AND REVISION OF AUTHORITIES FOR SUPPORTIVE
SERVICES AND SENIOR CENTERS.
(a) ASSISTANCE IN OBTAINING
HOUSING- Section 321(a)(4) (42 U.S.C. 3030d(a)(4)) is amended by striking
`or (D)' and all that follows and inserting `or (D) to assist older
individuals to obtain housing assisted under programs of the Department of
Housing and Urban Development;'.
(b) COMMUNITY-BASED CARE AND
SERVICES- Section 321(a)(5) (42 U.S.C. 3030d(a)(5)) is amended by striking
`including' and all that follows and inserting `including--
`(A) client assessment, case management, and development
and coordination of community services;
`(B) in-home services for frail older individuals (including supportive
services for victims of Alzheimer's disease and related disorders with
neurological and organic brain dysfunction, and for the families of such
individuals);
`(C) supportive activities to
meet the special needs of caregivers, including caretakers who provide
in-home services to frail older individuals;
`(D) in-home 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;'.
(c) EMPLOYMENT-RELATED PROGRAMS-
Section 321(a)(12) (42 U.S.C. 3030d(a)(12)) is amended by adding before
the semicolon', including coordination with programs administered or
assisted by the Department of Labor'.
(d) GENERAL AUTHORITY-
Section 321(a)(22) (42 U.S.C. 3030d(a)(22)) is amended by inserting
`necessary for the general welfare of older individuals' after `any other
services'.
(e) RELOCATION OF DEFINITIONS-
(1) Section 342 (42 U.S.C. 3030i) (definition of `in-home services') is
relocated and redesigned as paragraph (46) of section 102 (42 U.S.C.
3002), and is amended by striking `For purposes of this part, the term'
and inserting `The term'.
(2) Section 363 (42 U.S.C.
3030o) (definition of `disease prevention and health promotion services')
is relocated and redesignated as paragraph (47) of section 102, and is
amended by striking `For purposes of this part, the term' and inserting
`The term'.
(f) REPEAL OF SUPERSEDED AUTHORITIES-
(1) SUBSTANTIVE AUTHORITY- Part (D) (In-Home Services for
Frail Older Individuals), part E (Additional Assistance for Special Needs
of Older Individuals), and part G (Supportive Activities for Caretakers
Who Provide In-Home Services to Frail Order Individuals) (42 U.S.C. 3030h,
et seq., 3030l, et seq., and 3030p, et seq., respectively) are
repealed.
(2) AUTHORIZATION OF APPROPRIATIONS- (A)
REPEALS; REDESIGNATION- Section 303 (42 U.S.C. 3022) is amended by
striking subsections (d), (e), and (g), and by redesignating subsections
(f) and (h) as subsections (e) and (f), respectively.
(B) CONFORMING AMENDMENT- Sections 202(a)(24) (42 U.S.C.
3012(a)(24)) and 304(b)(2) (42 U.S.C. 3024(b)(2)) are each amended by
striking `303(h)' and inserting `303(f)'.
SEC. 125.
CONSOLIDATION OF AUTHORITIES FOR NUTRITION SERVICES.
(a)
School-Based Meals as Congregate Nutrition Services-
(1)
Section 331 (42 U.S.C. 3030e) is amended by inserting `(a) IN GENERAL- '
after `331.'.
(2) Section 338(a) (42 U.S.C.
3030g-11(a)) is relocated and redesignated as subsection (b) of section
331, and is amended, in the matter preceding paragraph (1), by striking
all that precedes `projects' and inserting instead the
following:
`(b) SCHOOL-BASED MEALS AND MULTIGENERATIONAL
PROGRAMS- The State may include, in programs under this section,'.
(b) Repeal of Superseded Authority-
(1)
SUBSTANTIVE AUTHORITY- Part C of title III (42 U.S.C. 3030e et seq.) is
amended by striking subpart 3 and redesignating subpart 4 as subpart
3.
(2) AUTHORIZATION OF APPROPRIATIONS- Section
303(b)(3) (42 U.S.C. 3023(b)(2)) is repealed.
SEC. 126.
NATIONAL FAMILY CAREGIVER SUPPORT PROGRAM.
(a) ESTABLISHMENT
OF PROGRAM- Part D of title III (42 U.S.C. 3030h et seq.) is amended to
read as follows:
`PART D--NATIONAL FAMILY CAREGIVER
SUPPORT PROGRAM
`Subpart 1--State Grant
Program
`SEC. 341. PROGRAM AUTHORIZED.
`(a)
IN GENERAL- The Assistant Secretary shall carry out a program under this
subpart for making grants to States under State plans approved under
section 307 for multi-faceted systems of support for families and other
informal providers of in-home and community care to older
individuals.
`(b) COORDINATION WITH SERVICE PROVIDERS- In
carrying out the provisions of this supart, each area agency on aging
shall coordinate with other community
agencies and voluntary
organizations providing the types of services for which funding is
available under this subpart.
`(c) FAMILY CAREGIVER SUPPORT
SERVICES- The services provided in a State program under this subpart
shall include--
`(1) provision of information to
caregivers about available services;
`(2) assistance
to caregivers in gaining access to such services;
`(3) individual counseling, organization of support groups, and provision
of caregiver training to help families make decisions and solve problems
relating to their caregiving roles;
`(4) respite
care to enable families and other informal caregivers to be temporarily
relieved from their caregiving responsibilities; and
`(5) provision of supplemental services, on a limited basis, to complement
the care provided by families and other informal caregivers.
`(d) ELIGIBILITY- In order for the caregiver or caregivers of an
older individual to be eligible to receive services provided by a State
program under this subpart, the State must--
`(1)
determine that the older individual meets the condition specified in
either subparagraph (A)(i) or (B) of section 102(28); and
`(2) give priority for services to older individuals and
families with the greatest social and economic need, consistent with the
requirements of section 305(a)(2)(E).
`(e) QUALITY
STANDARDS AND ACCOUNTABILITY-
`(1) The State shall have
in place mechanisms designed to assure the quality of services provided
with assistance under this subpart.
`(2) The State
shall collect data and furnish records at the times and in the
standardized format that 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 State
programs under this subpart.
`(3) The State shall
report to the Assistant Secretary on the data and information required
under section 341(e)(2), including the services and activities funded
under this subpart, and standards and methods by which the quality of
services shall be assured.
`(f) State Option for Cost
Sharing-
`(1) IN GENERAL- A State may elect to require
cost sharing under this subpart for services described in paragraphs (4)
and (5) of subsection (a) (or to require or permit area agencies on aging
to require cost sharing by recipients of such services under area plans),
but--
`(A) individuals with incomes below the
Federal poverty line shall be exempt from cost-sharing requirements;
and
`(B) cost-sharing rates for individuals
with incomes above such threshold shall be set on a sliding-fee scale
based on income.
`(2) ASSISTANT SECRETARY
APPROVAL- Fee scales imposed under this subsection are subject to approval
by the Assistant Secretary.
`(3) REPORTING REQUIRED
IF FEE SCHEDULE NOT USED- A State electing not to require or permit fees
pursuant to this subsection shall report to the Assistant Secretary on the
alternative methods used by the State to satisfy the requirement of
section 305(a)(2)(E) to give priority to individuals with greatest
economic and social need.
`(g) AVAILABILITY OF
FUNDS-
`(1) IN GENERAL- The program under this subpart
shall be carried out with the balance of funds appropriated under section
303(d) remaining after reservation of funds under sections 345 and 346 for
carrying out subpart 2.
`(2) USE OF FUNDS FOR
ADMINISTRATION OF AREA PLANS- Amounts made available to a State under this
subpart may be used, in addition to amounts available in accordance with
section 303(c)(1), for costs of administration of area plans.
`(A)
Notwithstanding section 304(d)(1)(D), amounts made available to a State
under this subpart shall be available to pay not more than 75 percent of
the costs of services provided under this subpart.
`(B) Federal funds and cost sharing by recipients of
services provided under this subpart cannot be used for the non-Federal
share of funds under this subpart.
`SEC. 342.
MAINTENANCE OF EFFORT.
`Funds made available under this
subpart shall be in addition to, and may not be used to supplant, any
funds that are or would otherwise be expended under any Federal, State, or
local law by a State or unit of general purpose local government
(including area agencies on aging) which have in their planning and
service areas existing services equivalent to the services which may be
funded under this subpart.
`Subpart 2--National Innovation
Programs
`SEC. 345. INNOVATION GRANT PROGRAM.
`(a) IN GENERAL- The Assistant Secretary shall carry out a program
for making grants on a competitive basis to foster the development and
testing of new approaches to sustaining the efforts of families and other
informal caregivers of older individuals, and to serving particular groups
of caregivers of older individuals, including minority caregivers and
distant caregivers.
`(b) EVALUATION AND DISSEMINATION OF
RESULTS- The Assistant Secretary shall provide for evaluation of the
effectiveness of programs and activities funded with grants under this
subpart, and for dissemination to States of descriptions and evaluations
of such programs and activities, to enable States to incorporate
successful approaches into their programs under this part.
`(c) AVAILABILITY OF FUNDS-
`(1) IN GENERAL- The
Assistant Secretary shall reserve up to 10 percent of the amount
appropriated under section 303(d) to carry out the program under this
section.
`(2) NATIVE AMERICAN PROGRAMS- 20 percent
of the amount reserved under paragraph (1)
shall be available
for programs and activities for Native Americans.
`SEC. 346.
ACTIVITIES OF NATIONAL SIGNIFICANCE.
`(a) IN GENERAL- The
Assistant Secretary shall, directly or by grant or contract, carry out
activities of national significance to promote quality and continuous
improvement in the support provided to family and other informal
caregivers of older individuals through program evaluation, training,
technical assistance, and research.
`(b) AVAILABILITY OF
FUNDS- The Assistant Secretary shall reserve up to 2 percent of the amount
appropriated under section 303(d) to carry out the program under this
section.'.
(b) AUTHORIZATION OF APPROPRIATIONS- Section 303
(as amended by section 124(d)(2) of this Act) is amended by adding after
subsection (c) the following new subsection:
`(d) NATIONAL
FAMILY CAREGIVER PROGRAM- There are authorized to be appropriated
$125,000,000 for fiscal year 2000, and such sums as may be necessary for
each of the four succeeding fiscal years, to carry out the programs under
part D of this title (relating to the national family caregiver
program).'.
(c) ALLOTMENTS TO STATES- Section 304(a)(1) is
amended in the first sentence by inserting `remaining after reservations
of funds in accordance with sections 345 and 346' after `from the sums
appropriated under section 303 for each fiscal year'.
(d)
AVAILABILITY OF TITLE III-D FUNDS FOR REALLOTMENT- Section 304(b) is
amended in the first sentence by striking `part B or C' and inserting
`part B, C, or D'.
SEC. 127. AUTHORIZATION OF
APPROPRIATIONS.
(a) SUPPORTIVE SERVICES AND SENIOR CENTERS-
Section 303(a)(1) (42 U.S.C. 3023(a)(1)) is amended by striking all that
precedes `for the purposes' and inserting `There are authorized to be
appropriated $310,082,000 for fiscal year 2000 and such sums as may be
necessary for each of the four succeeding fiscal years,'.
(b)
CONGREGATE NUTRITION SERVICES- Section 303(b)(1) is amended by striking
all that precedes `for the purpose' and inserting `There are authorized to
be appropriated $374,412,000 for fiscal year 2000 and such sums as may be
necessary for each of the four succeeding fiscal years,'.
(c)
HOME-DELIVERED NUTRITION SERVICES- Section 303(b)(2) (42 U.S.C.
3023(b)(2)) is amended by striking all that precedes `for the purpose' and
inserting `There are authorized to be appropriated $147,000,000 for fiscal
year 2000 and such sums as may be necessary for each of the four
succeeding fiscal years,'.
(d) PREVENTIVE HEALTH SERVICES-
Section 303(e) (as redesignated by section 124 of this Act) is amended by
striking all that precedes `for the purpose' and inserting `There are
authorized to be appropriated $16,123,000 for fiscal year 2000 and such
sums as may be necessary for each of the four succeeding fiscal
years,'.
PART C--STATE AND LOCAL INNOVATIONS AND PROGRAMS
OF NATIONAL SIGNIFICANCE
SEC. 141. REVISION OF TITLE
IV.
(1) in the
heading, to read as follows:
`TITLE IV--STATE AND
LOCAL INNOVATIONS AND PROGRAMS OF NATIONAL SIGNIFICANCE';
(2) in section 401, to read as follows:
`SEC.
401. STATEMENT OF PURPOSE.
`It is the purpose of this title
to expand the Nation's knowledge and understanding of the older population
and the aging process; to design, test, and promote utilization of
innovative ideas and best practices in programs and services for older
individuals; to help meet the needs for trained personnel in the field of
aging; and to increase the awareness of citizens of all ages of the need
to assume personal responsibility for their own longevity.';
(3) by striking parts A and B in their entirety and inserting
the following new part:
`PART A--PROGRAMS AND
ACTIVITIES AUTHORIZED
`SEC. 410. DISCRETIONARY PROJECTS
AND PROGRAMS.
`In order to accomplish the purpose of this
title, the Assistant Secretary may make grants to States, public or
nonprofit private agencies, organizations, and institutions, and tribal
organizations, and may enter into contracts with any agency, organization,
institution, or individual for the following activities--
`(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, as well as evaluation of the performance
and measurement of the results of programs, activities, and services
provided under this Act;
`(3) developments of
methods and practices to improve quality and effectiveness of such
services;
`(4) demonstration of new approaches to
design, deliver, and coordinate programs and services for older
individuals;
`(5) technical assistance in planning,
development, implementation, and improvement of services and activities
conducted under this Act;
`(6) dissemination of
information related to longevity and its ramifications for various
segments of the elderly population, life course planning, and services and
programs for older individuals that incorporates new ideas, utilizes
advances in our knowledge, and stimulates the adoption of innovative best
practices to benefit older individuals; and
`(7)
other similar activities that, in the judgment of the Assistant Secretary,
will achieve the purposes of this title.';
(4) by
redesignating part C as part B; and
(5) by
redesignating sections 431, 432, and 433, respectively, (42 U.S.C. 3037,
3037a and 3037b, respectively) as sections 421, 422, and 423.
SEC. 142. AUTHORIZATION OF APPROPRIATIONS.
Section 421
(42 U.S.C. 3035) (as redesignated by section 141 of this Act) is
amended--
(1) in subsection (a), to read as
follows:
`(1) IN
GENERAL- There are authorized to be appropriated to carry out this title
$22,000,000 for fiscal year 2000 and such sums as may be necessary for
each of the succeeding fiscal years.
`(2) NATIONAL
OMBUDSMAN AND ELDER ABUSE CENTERS- Funds available under this subsection
may be used, to the extent the Assistant Secretary finds
necessary.';
(2) by striking subsection (b);
and
(3) in subsection (c), by striking `(c)' and
inserting `(b) RESTRICTIONS- '.
PART D--COMMUNITY
SERVICE EMPLOYMENT FOR OLDER AMERICANS
SEC. 151. PURPOSES
OF PROJECTS.
Section 502(a) (42 U.S.C. 3056(a)) is
amended--
(1) by inserting `(1)' after `SEC. 502. (a)';
and
(2) by inserting at the end the following new
paragraph:
`(2) To foster individual economic
self-sufficiency and to increase the number of persons who may enjoy the
benefits of the program, the Secretary shall encourage projects to place
participants in unsubsidized employment.'.
SEC. 152. PROGRAM
AUTHORIZED.
(a) PROJECT REQUIREMENTS- Section 502(b)(1) (42
U.S.C. 3056(b)(1)) is amended--
(1) in subparagraph (H),
by inserting in the parenthetical clause after `including' the following:
`arrangements with the local one-stop delivery system established under
title I of the Workforce Investment Act of 1998 and';
(2) in subparagraph (N)(i)--
(A) by
striking all that follows `will' through `except' and inserting `prepare
an assessment of the participants' skills and talents and their needs for
services, except'; and
(B) by striking `the
Job Training Partnership Act (29 U.S.C. 1501 et seq.) or the Carl D.
Perkins Vocational and Applied Technology Education Act (20 U.S.C. 3201 et
seq.)' and inserting `the Workforce Investment Act of 1998, the Carl D.
Perkins Vocational and Technical Education Act of 1998, or part A of title
IV of the Social Security Act'; and
(3) by
striking subparagraph (O) and inserting the following:
`(O) will provide appropriate services for participants
through the local one-stop delivery system established under title I of
the Workforce Investment Act of 1998, 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; and'.
(b) ASSESSMENTS- Section
502(b) (42 U.S.C. 3056(b)) is further amended--
(1) by
striking paragraph (4);
(2) by redesignating
paragraphs (2) and (3) as paragraphs (3) and (4), respectively, and by
inserting after paragraph (1) the following new paragraph:
`(2)(A) An assessment and service strategy provided for an
eligible individual under this title shall satisfy any conditions for an
assessment or individual employment plan for an adult participant under
title I of the Workforce Investment Act of 1998, in order to determine
whether such individual qualifies for intensive training services in
accordance with such Act.
`(B) An assessment and
service strategy provided for an eligible individual under title I of the
Workforce Investment Act of 1998 shall satisfy any conditions for an
assessment and service strategy under this title.'; and
(3) in paragraph (4) (as so redesignated), by striking `prime
sponsors,'.
(c) COST LIMITATIONS- Section 502(c)(3) (42
U.S.C. 3056(c)(3)) is amended by striking `for fiscal year 1987 and each
fiscal year thereafter' and inserting `for any fiscal year'.
(d) DISTRIBUTION OF PROGRAMS- Section 502(d) (42 U.S.C. 3056(d)) is
amended--
(1) in paragraph (1), by striking `sponsor'
each place it appears and inserting `grantee'; and
(2) in the last sentence of paragraph (2), by striking all that follows
`opportunity' and inserting `for public comments'.
(e)
MISCELLANEOUS- Section 502(e) (42 U.S.C. 3056(e)) is amended--
(1) by amending paragraph (2)(C) to read as follows:
`(C) require the coordination of projects carried out
under such agreements, with the programs carried out under title I of the
Workforce Investment Act of 1998.'; and
(2) by
striking paragraphs (3) and (4).
(f) EVALUATION
REQUIREMENT- Section 502 (42 U.S.C. 3056) is further amended by inserting
at the end the following new subsection:
`(f) The Secretary
shall, on a regular basis, carry out evaluations of the programs
authorized under this title, which may include but are not limited to
projects described in subsection (e).'.
SEC. 153.
ADMINISTRATION.
(a) COORDINATION- Section 503 (42 U.S.C.
3056a) is amended--
(1) in subsections (a)(2) and (b)(1),
by striking `titles III, IV, and VI' each place it appears and inserting
`other titles of this Act';
(2) in subsection
(b)(1)--
(A) by striking `Job Training
Partnership Act' each place it appears and inserting `Workforce Investment
Act of 1998'; and
(B) by striking
`Vocational Education Act of 1984' each place it appears and inserting
`the Carl D. Perkins Vocational and Technical Education Act of 1998, the
National and Community Services Act of 1990, and the Domestic Volunteer
Service Act of 1973,'; and
(3) by amending
subsection (f) to read as follows:
`(f) Monitoring,
Fiscal Controls, and Reports-
`(1) MONITORING- The
Secretary shall monitor programs receiving financial assistance under this
title to determine whether the grantees are complying with the provisions
of and regulations issued under this title.
`(2)
FISCAL CONTROLS- 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) REPORTS-
Each grantee shall maintain such records and submit such reports, in such
form and containing such information, as the Secretary may require
regarding activities carried out under this title, including the
performance of programs. Each grantee receiving funds under this title
shall keep records that are sufficient to permit the preparation of
reports required pursuant to this title and to permit the tracing of funds
to a level of expenditure adequate to ensure that the funds have not been
spent unlawfully.'.
(b) INTERAGENCY COOPERATION- Section
505 (42 U.S.C. 3056c) is amended--
(1) by striking
subsection (c);
(2) by redesignating subsection (d)
as subsection (c); and
(3) in paragraph (2) of such
subsection (c) (as so redesignated), by striking `Carl D. Perkins
Vocational and Applied Technology Education Act (20 U.S.C. 2301 et seq.)'
and inserting `Carl D. Perkins Vocational and Technical Education Act of
1998'.
SEC. 154. EQUITABLE DISTRIBUTION OF
ASSISTANCE.
(a) DISTRIBUTION OF FUNDS- Section 506 (42 U.S.C.
3056d) is amended by striking all that precedes subsection (b) and
inserting the following:
`SEC. 506. EQUITABLE DISTRIBUTION OF
ASSISTANCE.
`(a) Funds Reserved or Allotted-
`(1) From the sums available from appropriations to carry out this title
for each fiscal year, 78 percent of the amount remaining after the
Secretary makes the reservation under paragraph (3) shall be used in
accordance with the provisions of the following subparagraphs:
`(A) The Secretary shall first reserve such sums as may be
necessary for national grants or contracts with public agencies and public
or nonprofit private organizations to maintain the level of activities
carried on under such grants or contracts, in the aggregate, at least at
the level of such activities supported under this title in the preceding
year.
`(B) The Secretary shall reserve such
sums as may be necessary for national grants or contracts with public or
nonprofit national Indian aging organizations with the ability to provide
employment services to older Indians and with national public or nonprofit
Pacific Island and Asian American aging organizations with the ability to
provide employment to older Pacific Island and Asian
Americans.
`(C) Preference in awarding
grants or contracts under this paragraph shall be given to national
organizations, and agencies, of proven ability in providing employment
services to eligible individuals under this program and similar
programs.
`(2) The Secretary, in awarding
grants and contracts under paragraphs (1) and (4) of this subsection,
shall, to the extent feasible, assure an equitable distribution
of
activities under such grants and contracts among the
States, in accordance with the allotments among the States required by
paragraph (5).
`(3) From the sums available from
appropriations to carry out this title for each fiscal year, the Secretary
shall reserve an amount, which shall be at least 1 percent but not more
than 5 percent of the amount appropriated, for the purpose of--
`(A) entering into agreements under section 502(e),
relating to improved transition to private employment; and
`(B) incentive grants for performance as described in
section 514(d).
`(4) From the sums available
from appropriations to carry out this title for each fiscal year, 22
percent of the amount remaining after the Secretary makes the reservation
under paragraph (3) shall be allotted to the appropriate public agencies
of the States for carrying out projects and activities authorized in this
title.
`(5) In carrying out paragraphs (1) and (4),
the Secretary shall allot the sums available from appropriations for any
fiscal year under section 508 of this title so that each State will
receive an amount which bears the same ratio to such sums as the product
of the number of persons aged fifty-five or over in the State and the
allotment percentage of such State bears to the sum of the corresponding
product for all States, except that--
`(A) no
State (except as described in subparagraph (C)) shall be allotted less
than one-half of 1 percent of the sum available from appropriations for
the fiscal year for which the determination is made, or $100,000,
whichever is greater;
`(B) no State shall
be allotted less than 95 percent of its proportionate share of the total
allotments received by all of the States under this section for the
preceding fiscal year; and
`(C) Guam,
American Samoa, the Commonwealth of the Northern Mariana Islands, and the
Virgin Islands shall each be allotted an amount which is not less than
one-fourth of 1 percent of the sums available from appropriations for the
fiscal year for which the determination is made, or $50,000, whichever is
greater.
`(6) For the purpose of this
subsection--
`(A) the allotment percentage of
each State shall be 100 percent less that percentage
which bears the same ration 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 percent, and (ii) the allotment percentage for the
District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin
Islands, American Samoa, and the Commonwealth of the Northern Mariana
Islands shall be 75 percent;
`(B) the number of persons
aged fifty-five or over in any State and in all States, and the per capita
income in any State and in all States, shall be determined by the
Secretary on the basis of the most satisfactory data available to the
Secretary; and
`(C) for the purpose of
determining the allotment percentage, the term `United States' means the
fifty States and the District of Columbia.'.
(b)
STUDY AND REPORT- Section 506 (42 U.S.C. 3056d) is further amended by
inserting at the end the following new subsections:
`(e)
After consulting with grantees under this title and other interested
parties, the Secretary shall conduct a study concerning improvement in the
formula described in this section for distributing funds for activities
under this title. In conducting the study, the Secretary shall examine
means of improving the allocation of funds by developing a formula which
is based on statistically reliable data and consistent with the goals and
objectives of this title. The Secretary shall prepare and submit to the
Congress a report containing the results of the study, including
recommendations for improved formulas for allocating funds under this
title. Such report shall be submitted to the Congress no later than 2
years after the enactment of the Older Americans Act Amendments of
1999.
`(f) The Secretary shall periodically conduct an
evaluation of cost factors applicable under this title, including the
average annual cost per authorized enrollee position.'.
SEC.
155. AUTHORIZATION OF APPROPRIATIONS.
Section 508 (42 U.S.C.
3056f) is amended--
(1) in subsection (a), by striking
paragraph (1) and inserting the following:
`(1) such
sums as may be necessary for fiscal year 2000, and each of the 4
succeeding fiscal years; and';
(2) in subsection
(b), by striking `used' and inserting `available for obligation', and by
striking the last sentence; and
(3) by inserting at
the end of such section the following new subsection:
`(c) The Secretary may recapture any unexpended funds from a completed
program year, and may re-obligate any such funds within the two succeeding
program years for incentive grants under section 514(d), for technical
assistance, or for grants or contracts for any other program purpose
authorized by this title.'.
SEC. 156. WORKFORCE INVESTMENT
ACTIVITIES.
Section 510 (42 U.S.C. 3056h) is amended to read
as follows:
`SEC. 510. ELIGIBILITY FOR WORKFORCE INVESTMENT
ACTIVITIES.
`Eligible individuals under this title may be
deemed by local workforce investment boards established under title I of
the Workforce Investment Act of 1998 to satisfy the requirements for
receiving services under such title that are applicable to adults.'.
SEC. 157. ADDITIONAL PROVISIONS.
Title V (42 U.S.C.
3056 et seq.) is further amended by inserting at the end thereof the
following new sections:
`SEC. 512. COORDINATION WITH THE
WORKFORCE INVESTMENT ACT.
`(a) Grantees under this title
shall be partners as described in section 121(b)(1)(B)(vi) of the
Workforce Investment Act of 1998 in the appropriate local one-stop
delivery system under section 134(c) of such Act, and shall carry out the
responsibilities relating to such partners.
`(b) In local
workforce investment areas where more than one grantee 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.
`SEC. 513. WAIVERS.
`(a)
IN GENERAL- Pursuant to a written request submitted by a grantee receiving
funds under paragraph (1), (3), or (4) of section 506(a), the Secretary
may waive any of the statutory or regulatory requirements of this title
except 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 submit a report to the Secretary concerning the impact of
the waiver on the operation and effectiveness of programs and services
under this title. Such reports shall be submitted not later than one 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 older worker 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- Such measures shall include, at a minimum, the following
indicators of performance:
`(1) the number of persons
served;
`(2) community services provided;
`(3) entry into and retention in unsubsidized employment;
and
`(4) satisfaction of customers, including
participants and employers, with the services provided in activities under
this title.
`(c) ADDITIONAL INDICATORS- The measures
established pursuant to subsection (a) may include such additional
indicators of performance as the Secretary may determine to be appropriate
to evaluate services and performance.
`(d) INCENTIVE GRANTS-
From funds available under section 506(a)(3) or section 508(c), the
Secretary shall award incentive grants annually to grantees that exceed
the performance measures established by the Secretary under this
section.'.
PART E--GRANTS FOR NATIVE AMERICANS
SEC. 161. LIMIT OF ONE GRANT PER NATIVE AMERICAN ORGANIZATION.
Section 612 (42 U.S.C. 3057c) is amended--
(1) by
redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new
subsection:
`(c) ONE-GRANT LIMIT- A federally recognized
tribe represented by an organization specified in subsection (a) shall be
eligible for only one grant under this title for any fiscal year.'.
SEC. 162. EXPENDITURES FOR NUTRITION SERVICES.
Section
614(c) (42 U.S.C. 3057e(c)) is amended--
(1) by striking
`(c)' and inserting the following:
`(c) Approval by
Assistant Secretary-
(2) by adding at the end the following new
paragraph:
`(2) SPECIAL RULE FOR NUTRITION PROGRAMS-
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.'.
SEC. 163. AUTHORIZATION OF
APPROPRIATIONS.
Section 633(a) (42 U.S.C. 3057n(a)) is
amended by striking all that precedes `to carry out this title' and
inserting `There are authorized to be appropriated $18,457,000 for fiscal
year 2000, and such sums as may be necessary for each of the four
succeeding fiscal years'.
PART F--VULNERABLE ELDER RIGHTS
PROTECTION
SEC. 171. CONSOLIDATED AUTHORIZATION OF
APPROPRIATIONS AND RELATED AMENDMENTS.
(a) CONSOLIDATED
AUTHORIZATION- Section 702 (42 U.S.C. 3058a) is amended by striking all
that follows the heading and inserting the following:
`There
are authorized to be appropriated to carry out this subtitle $12,181,000
for fiscal year 2000 and such sums as may be necessary for each of the
four succeeding fiscal years.'.
(b) Minimum Funding for
Ombudsman and Elder Rights Activities-
(1) REPEAL OF
MINIMUM ALLOTMENTS- Section 703(a)(2) (42 U.S.C. 3058b(a)(2)) is
amended--
(A) by striking subparagraph (C);
and
(B) by redesignating subparagraph (D)
as subparagraph (C).
(2) MAINTENANCE OF EFFORT
REQUIREMENT- Section 705(a) (42 U.S.C. 3058d(a)) is amended--
(A) by redesignating paragraph (8) as paragraph
(9);
(B) by inserting after paragraph (7)
the following new paragraph:
`(8) an assurance
that total State expenditures in any fiscal year for the long-term care
ombudsman program under section 712 shall not be less than total State
expenditures for such programs under this Act in fiscal year 1999;'
and
(C) in paragraph (9), as redesignated, by
striking `paragraphs (1) through (7)' and inserting `paragraphs (1)
through (8).'.
(c) Optional State Implementation of
Title VII Programs-
(1) STATE ASSURANCES CONCERNING
EXPENDITURES- Section 705(a)(7)(A) (42 U.S.C. 3058(a)(7)(A)) is amended by
striking `funds appropriated under section 702(d)' and inserting `any
funds used by the State'.
(2) OMBUDSMAN PROGRAM-
Section 712(a) (42 U.S.C. 3058g(a)) is amended by striking `In order to be
eligible to receive an allotment under section 703 from funds appropriated
under section 702(a), a State agency shall' and inserting `With funds
allotted to a State under section 703, the State agency shall'.
(3) ELDER ABUSE PREVENTION- Section 721(a)(1) (42 U.S.C.
3058i(a)(1)) is amended by striking `In order to be eligible to receive an
allotment under section 703 from funds appropriated under section 702(b),
a State agency shall' and inserting `With funds allotted to a State under
section 703, the State agency shall'.
(4) ELDER
RIGHTS AND LEGAL ASSISTANCE- Section 731(a)(1) (42 U.S.C. 3058j(a)(1)) is
amended by striking `In order to be eligible to receive an allotment under
section 703 from funds appropriated under section 702(c), a State agency
shall' and inserting `With funds allotted to a State under section 703,
the State agency of a State electing to implement a program under this
chapter shall'.
(5) Outreach, counseling, and
assistance-
(A) Section 741(b) (42 U.S.C.
3058k(b)) is amended by striking `In order to be eligible to receive an
allotment under section 703 from funds appropriated under section 702(d),
a State agency shall' and inserting `With funds allotted to a State under
section 703, consistent with section 705(a)(7), the State agency of a
State electing to implement a program under this chapter
shall'.
(B) Section 741(c) (42 U.S.C.
3058k(c)) is amended by striking `The State agency shall' and inserting
`The State agency may'.
(C) Section 741(e)
(42 U.S.C. 3058k(e)) is amended by striking `MAINTENANCE OF EFFORT- Any
funds appropriated' and inserting `SUPPLEMENTATION REQUIREMENT- Any funds
used'.
SEC. 172. LIFE COURSE PLANNING PROGRAM.
(a) REDESIGNATION AND EXPANSION OF OUTREACH, COUNSELING, AND
ASSISTANCE PROGRAM- Chapter 5 of subtitle A of title VII (42 U.S.C. 3058k
et seq.) is amended--
(1) in the heading, to read as
follows:
`CHAPTER 5--LIFE COURSE PLANNING';
(2) in the heading of section 741 (42 U.S.C. 3058k), to read:
`state life course planning program';
(3) in section
741(a) (42 U.S.C. 3058k)--
(A) by redesignating
paragraphs (2) through (6) as paragraphs (3) through (7), respectively;
and
(B) by inserting after paragraph (1)
the following new paragraph:
`(2) LIFE COURSE
PLANNING- The term `life course planning' means the identification and
implementation by an individual of appropriate measures to prepare for the
financial, health, and social aspects of longevity and to ensure the
protection of elder rights, and includes such planning with respect
to--
`(A) economic security, including financial
literacy and knowledge of pension and public benefits;
`(B) options for community participation and social
activities, including access to employment, volunteer, education, and
leisure opportunities;
`(D) insurance benefits;
and
`(E) consumer protection, including
defenses against telemarketing scams and fraudulent investment
offers.';
(4) in section 741(b) (42 U.S.C.
3058k(b)), in the matter preceding paragraph (1), by striking
`establish--' and all that follows and inserting `establish a program to
provide, to older individuals and to others preparing for retirement and
old age, outreach, information, counseling, and assistance related to life
course planning. The program shall--
`(A) at a
minimum include--
`(i) a program to
provide to older individuals outreach, counseling, and assistance related
to obtaining insurance benefits; and
`(ii) a program to provide outreach, counseling, and
assistance to older individuals who may be eligible for, but who are not
receiving, public benefits;
`(B)
provide additional life course planning services to the extent permitted
by available funds;
`(C) establish a system
of referral to appropriate service providers and agencies;
`(D) give priority to those in greatest social and
economic need, with particular attention to low-income
minorities;
`(E) ensure coordination with
services and programs under title III and with other providers and
agencies;
`(F) provide for adequate and
trained staff (including volunteers) to carry out the program;
and
`(G) ensure that staff and volunteers
are not subject to conflicts of interest.'.
(b)
CONFORMING AMENDMENTS-
(1) Section 741(a)(6) (42 U.S.C.
3058k(a)(6)), as redesignated, is amended by striking `subsection (b)(1)'
and inserting `subsection (b)(1)(A)(i)'.
(2) Section
741(a)(7) (42 U.S.C. 3058k(a)(7)), as redesignated, is amended by striking
`subsection (b)(2)' and inserting `subsection (b)(1)(A)(ii)'.
SEC. 173. DEMONSTRATION AUTHORITY EXTENDED TO LIFE COURSE
PLANNING.
(a) SCOPE OF DEMONSTRATION- Section 706(a) (42
U.S.C. 3058e(a)), is amended--
(1) by striking `and' at
the end of paragraph (2);
(2) by striking the period
at the end of paragraph (3) and inserting `; and'; and
(3) by adding after paragraph (3) the following new
paragraph:
`(4) assistance with life course planning
(as defined in section 741(a)(2)).'.
(b) BENEFITS-
Section 706(b)(1) (42 U.S.C. 3058e(b)(1)) is amended by inserting before
the semicolon `, and regarding other available benefits, assistance, or
services identified through life course planning described in paragraph
(4) of subsection (a)'.
PART G--DEFINITIONS
SEC. 181. DEFINITIONS.
(a) RELOCATION, REORDERING, AND
REDESIGNATION OF DEFINITIONS-
(1)(A) Paragraphs (1) and
(2) of section 302 (42 U.S.C. 3022) are relocated and redesignated as
paragraphs (48) and (49) of section 102 (42 U.S.C. 3).
(B) Paragraph (3) of section 302 (42 U.S.C. 3022) is
repealed.
(2)(A) Section 102(5) (42 U.S.C. 3022(5))
is amended by inserting `(A)' after `(5)'.
(B)
Section 102(6) (42 U.S.C. 3022(6)) is amended--
(i) by striking `(A)' and `(B)' and inserting `(i)' and `(ii)';
and
(ii) by striking `(6)' and inserting
`(B)'.
(C) Section 102(7) (42 U.S.C. 3022(7))
is amended by striking `(7)' and inserting `(C)'.
(3)(A) Section 102(8) (42 U.S.C. 3022(8)) is amended--
(i) by striking the subparagraph designations `(A)'
through `(H)' and inserting clause designations `(i)' through `(vii)';
and
(ii) by inserting `(A)' after
`(8)'.
(B) Section 102(9) (42 U.S.C. 3022(9))
is amended--
(i) by striking the subparagraph
designations `(A)' and `(B)' and inserting the clause designations `(i)'
and `(ii)'; and
(ii) by striking `(9)' and
inserting `(B)'.
(b) ELIMINATION OF THE DEFUNCT
TRUST TERRITORY OF THE PACIFIC ISLANDS (TTPI) FROM DEFINITION OF
STATE-
(1) ELIMINATION OF DEFINITION OF TTPI- Section
103(12) (42 U.S.C. 3022(12)) is repealed.
(2)
AMENDMENT OF DEFINITION OF STATES- Section 102(3) (42 U.S.C. 3022(3)) is
amended--
(A) by inserting `and' after `American
Samoa'; and
(B) by striking `the Trust
Territory of the Pacific Islands'.
(3)
AMENDMENT TO ALLOTMENT FORMULAS-
(A) BASIC STATE
GRANTS- Section 304(a)(1) (42 U.S.C. 3024(a)(1)) is
amended--
(i) in the first
sentence--
(I) by striking
`(B) Guam,' and inserting `(B) Guam and';
(II) by striking `, and the Trust Territory of the
Pacific Islands,'; and
(ii)
in the last sentence, by striking `the Trust Territory of the Pacific
Islands,'.
(B) GRANTS FOR STATE PLAN
ADMINISTRATION- Section 308(b) (42 U.S.C. 3028(b)) is amended in
paragraphs (1)(B) and (2)(B) by striking `the Trust Territory of the
Pacific islands,'.
(c) DEFINITION OF NATIVE
AMERICAN- Section 102 (42 U.S.C. 3022) is amended by adding at the end the
following new paragraph:
`(45) The term `Native American'
includes an Indian (as defined in paragraph (5)) and a Native Hawaiian (as
defined in section 625).'.
PART H--EFFECTIVE
DATE
SEC. 191. EFFECTIVE DATE.
Except as
otherwise specifically provided, the amendments made by this title shall
become effective October 1, 1999.
TITLE II--WHITE
HOUSE CONFERENCE ON AGING
SEC. 201. WHITE HOUSE
CONFERENCE AUTHORIZED.
(a) AUTHORITY TO CALL CONFERENCE- Not
later than December 31, 2005, the President shall convene the White House
Conference on Aging in order to develop recommendations for additional
research and action in the field of aging which will further the policy
set forth in subsection (b).
(b) PLANNING AND DIRECTION- The
Conference shall be planned and conducted under the direction of the
Secretary in cooperation with the Assistant Secretary for Aging and the
heads of such other Federal departments and agencies as are appropriate.
Such assistance may include the detail of personnel on a reimbursable or
non-reimbursable basis as the head of the department or agency may
decide.
(c) PURPOSE OF THE CONFERENCE- The purpose of the
Conference shall be--
(1) to increase the public
awareness of the interdependence of generations and the essential
contributions of older individuals to society for the well-being of all
generations in light of population longevity;
(2) to
identify the problems facing older individuals and the commonalities of
the problems with problems of younger generations, some of which can be
alleviated through policy and program interventions as well as effective
life course planning;
(3) to examine the well-being
of older individuals, including the impact the well-being of older
individuals has on our longevous society;
(4) to
develop such specific and comprehensive recommendations for executive and
legislative action as may be appropriate for maintaining and improving the
well-being of older Americans;
(5) to develop
recommendations for the coordination of Federal policy with state and
local needs and the implementation of such recommendations; and
(6) to review the status and multigenerational value of
recommendations adopted at previous White House Conferences on Aging and
incorporate developments which acknowledge advances in knowledge and
technology.
(d) CONFERENCE PARTICIPANTS AND
DELEGATES-
(1) PARTICIPANTS- In order to carry out the
purposes of this section, the Conference shall bring together--
(A) representatives of Federal, State, local, and tribal
governments;
(B) professional and lay
people who are working in the field of aging; and
(C) representatives of the general public, particularly
older individuals.
(2) SELECTION OF DELEGATES-
The delegates shall be selected without regard to political affiliation or
past partisan activity and shall, to the best of the appointing
authority's ability, be representative of the spectrum of thought in the
field of aging. Delegates shall include individuals who are professionals,
individuals who are nonprofessional, minority individuals, and individuals
from low-income families. A majority of delegates shall be aged 55 or
older.
SEC. 202. CONFERENCE ADMINISTRATION.
(a) ADMINISTRATION- In administering this section, the Secretary
shall--
(1) provide written notice to all members of the
Policy Committee of each meeting, hearing, or working session of the
Policy Committee not later than
48 hours before the
occurrence of such meeting, hearing, or working session;
(2)
request the cooperation and assistance of the heads of such other Federal
departments and agencies as may be appropriate in the carrying out of this
section;
(3) furnish all reasonable assistance,
including financial assistance, to State agencies on aging and to area
agencies on aging, and to other appropriate organizations (including
organizations representing older Indians), to enable them to organize and
conduct conferences and other activities in conjunction with the
Conference (including activities in advance of the Conference, as part of
the process of planning for the Conference, and activities subsequent to
the Conference in connection with dissemination, discussion, and
implementation of recommendations of the Conference);
(4) make available for public comment a proposed agenda,
prepared by the Policy Committee, for the Conference which will reflect to
the greatest extent possible the major issues facing older individuals
consistent with the provisions of subsection (a);
(5) prepare and make available background materials for the use of
delegates to the Conference which the Secretary deems necessary;
and
(6) engage such additional personnel as may be
necessary to carry out the provisions of this section without regard to
provisions of title 5, United States Code, governing appointments in the
competitive service and the Senior Executive Service, and without regard
to chapter 51 and subchapter III of chapter 53 of such title relating to
classification and pay rates for the General Schedule and the Senior
Executive Service.
(b) DUTIES- The Secretary shall, in
carrying out the Secretary's responsibilities and functions under this
section, and as part of the White House Conference on Aging, ensure
that--
(1) the conferences under subsection (a)(3)
shall--
(A) include a conference on older Native
Americans to identify conditions that adversely affect older Native
Americans, to propose solutions to ameliorate such conditions, and to
provide for the exchange of information relating to the delivery of
services to older Native Americans; and
(B)
be so conducted as to ensure broad participation of older
individuals;
(2) the agenda prepared under
subsection (a)(4) for the Conference is published in the Federal Register
not later than 30 days after such agenda is approved by the Policy
Committee, and the Secretary may republish such agenda together with the
recommendations of the Secretary regarding such agenda;
(3) the personnel engaged under subsection (a)(5) shall be
fairly balanced in terms of points of views represented and shall be
appointed without regard to political affiliation or previous partisan
activities;
(4) the recommendations of the
Conference are not inappropriately influenced by any appointing authority
or by any special interest, but will instead be the result of the
independent judgment of the Conference; and
(5)
current and adequate statistical data, including decennial census data,
and other information on the well-being of older individuals in the United
States are readily available, in advance of the Conference, to the
delegates of the Conference, together with such information as may be
necessary to evaluate Federal programs and policies relating
to aging. In carrying out this paragraph, the Secretary is authorized
to make grants to, and enter into cooperative agreements with, public
agencies and nonprofit private organizations.
(1) GIFT ACCEPTANCE AUTHORITY- The Secretary may accept, on
behalf of the United States, gifts (in cash or in kind, including
voluntary and uncompensated services), which shall be available to carry
out this title. Gifts of cash shall be available in addition to amounts
appropriated to carry out this title.
(2) ETHICS
GUIDELINES- The Secretary shall establish written guidelines setting forth
the criteria to be used in determining whether the acceptance of gifts or
donations pursuant to this paragraph would reflect unfavorably upon the
ability of the Department of Health and Human Services, the Administration
on Aging, or any employee to carry out its responsibilities or official
duties in a fair and objective manner, or would compromise the integrity
or the appearance of integrity of its programs or of any official involved
in those programs.
(d) RECORDS- The Secretary shall
maintain records regarding--
(1) the sources, amounts,
and uses of gifts accepted under subsection (c); and
(2) the identity of each person receiving assistance to carry out this
title, and the amount of such assistance received by each such
person.
SEC. 203. POLICY COMMITTEE; RELATED
COMMITTEES.
(1)
ESTABLISHMENT- There is established a Policy Committee comprised of 25
members to be selected, not later than 90 days after the enactment of the
Older Americans Act of 1999, as follows:
(A)
PRESIDENTIAL APPOINTEES- 13 members shall be selected by the President and
shall include--
(i) 3 members who are
officers or employees of the United States; and
(ii) 10 members with experience in the field of aging,
who may include representatives of public aging agencies,
institution-based organizations, and minority aging organizations, and
shall include a member of the Federal Council on the
Aging.
(B) HOUSE APPOINTEES- 2 members
shall be selected by the Speaker of the House of Representatives, and 2
members by the Minority Leader of the House of Representatives, after
consultation with the Committee on Education and the Workforce and the
Committee on Ways and Means of the House of
Representatives.
(C) SENATE APPOINTEES- 2
members shall be selected by the Majority Leader of the Senate, and 2
members by the Minority Leader of the Senate, after consultation with
members of the Committee on Health, Education, Labor, and Pensions and the
Special Committee on Aging of the Senate.
(D) JOINT APPOINTEES- 2 members shall be selected jointly by the Speaker
of the House of Representatives and the Majority Leader of the Senate, and
2 members shall be selected jointly by the minority leaders of the House
and Senate, and shall include representatives with experience in the field
of aging, who may include representatives described in subsection
(a)(1)(A)(ii).
(2) DUTIES OF THE POLICY
COMMITTEE- The Policy Committee shall initially meet at the call of the
Secretary, but not later than 30 days after the last member is selected
under subsection (a). Subsequent meetings of the Policy Committee shall be
held at the call of the chairperson of the Policy Committee. Through
meetings, hearings, and working sessions, the Policy Committee
shall--
(A) make recommendations to the
Secretary to facilitate the timely convening of the
Conference;
(B) formulate and approve a
proposed agenda for the Conference not later than 60 days after the first
meeting of the Policy Committee;
(C) make
recommendations for participants and delegates of the
Conference;
(D) establish the number of
delegates to be selected under section 301(d)(2); and
(E) formulate and approve the initial report of the
Conference in accordance with section 304.
(3)
QUORUM; COMMITTEE VOTING; CHAIRPERSON-
(A)
QUORUM- 13 members shall constitute a quorum for the purpose of conducting
the business of the Policy Committee, except that 17 members shall
constitute a quorum for purposes of approving the agenda required by
paragraph (2)(B) and the report required by paragraph
(2)(E).
(B) VOTING- The Policy Committee
shall act by the vote of the majority of the members
present.
(C) CHAIRPERSON- The President
shall select a chairperson from among the members of the Policy Committee.
The chairperson may vote only to break a tie vote of the other members of
the Policy Committee.
(b) OTHER COMMITTEES- The
Secretary may establish such other committees, including technical
committees, as may be necessary to assist in the planning, conducting, and
reviewing of the Conference.
(c) COMPOSITION OF COMMITTEES-
Each committee established under subsection (b) shall be composed of
professionals and public members, and shall include individuals from
low-income families, and individuals who are Native Americans. Appropriate
efforts shall be made to include individuals who are members of minority
groups. A majority of the public members of each such committee shall be
55 years of age or older.
(d) COMPENSATION- Appointed members
of any such committee (other than any officers or employees of the Federal
Government), while attending conferences or meetings of the committee or
otherwise serving at the request of the Secretary, while away from their
homes or regular places of business, may be allowed travel expenses,
including per diem in lieu of subsistence, at the rate authorized under
section 5708 of title 5, United States Code, for persons employed
intermittently in Federal Government services.
SEC. 204.
REPORT OF THE CONFERENCE.
(a) PROPOSED REPORT- A proposed
report of the Conference, which shall include a statement of comprehensive
coherent national policy on aging together with recommendations for the
implementation of the policy, shall be published and submitted to the
chief executive officers of the States not later than 90 days following
the date on which the Conference is adjourned. The findings and
recommendations included in the published proposed report shall be
immediately available to the public.
(b) RESPONSE TO PROPOSED
REPORT- The chief executive officers of the States, after reviewing and
soliciting recommendations and comments on the report of the
Conference, shall submit to the Policy Committee, not later than 90
days after receiving the report, their views and findings on the
recommendations of the Conference.
(1) INITIAL REPORT- The Policy Committee shall, after reviewing the views
and recommendations of the chief executive officers of the States, prepare
and approve an initial report of the Conference, which shall include a
compilation of the actions of the chief executive officers of the States
and take into consideration the views and findings of such
officers.
(2) PUBLICATION OF INITIAL REPORT; FINAL
REPORT- Not later than 60 days after such initial report is transmitted by
the Policy Committee, the Secretary shall publish such initial report in
the Federal Register. The Secretary shall republish a final report
together with such additional views and recommendations as the Secretary
considers to be appropriate.
(d) RECOMMENDATIONS OF THE
POLICY COMMITTEE- The Policy Committee shall, within 90 days after
submission of the views of the chief executive officers of the States,
publish and transmit to the President and to the Congress recommendations
for the administrative action and the legislation necessary to implement
the recommendations contained within the report.
SEC. 205.
DEFINITIONS.
For the purposes of this title--
(1) the term `area agency on aging' has the meaning given the
term in section 102 of the Older Americans Act of 1965;
(2) the term `State agency on aging' means the State agency
designated under section 305(a)(1) of the Act;
(3)
the term `Secretary' means the Secretary of Health and Human
Services;
(4) the term `Conference' means the White
House Conference on Aging; and
(5) the term `State'
means any of the several States, the District of Columbia, the
Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the
Commonwealth of the Northern Mariana Islands, and the Trust Territory of
the Pacific Islands.
SEC. 206. AUTHORIZATION OF
APPROPRIATIONS.
(a) AUTHORIZATION- There are authorized to be
appropriated such sums as may be necessary for fiscal years 2001 through
2007 to carry out this title.
(b) Availability of Funds-
(1) IN GENERAL- Funds appropriated to carry out this title and
funds received as gifts under section 303(c) shall remain available until
expended.
(2) UNOBLIGATED FUNDS- Any funds described
in paragraph (1) that are unobligated as of the date one year after the
date the Conference adjourns shall be available to carry out the Older
Americans Act of 1965.
END