[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 782 Enrolled Bill (ENR)]
H.R.782
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
An Act
To amend the Older Americans Act of 1965 to extend authorizations of
appropriations for programs under the Act, to modernize programs and
services for older individuals, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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This Act may be cited as the ``Older Americans Act Amendments of
2000''.

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The table of contents of this Act is as follows:

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THE OLDER AMERICANS ACT AMENDMENTS OF 1987
Subtitle A--Amendments to Title II of the Older Americans Act of 1965

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TITLE I

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

Subtitle B--Amendments to the Older Americans Act Amendments of 1987

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TITLE II

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

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TITLE III

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

Section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002) is
amended--
(1) in paragraph (3), by striking ``the Commonwealth of the
Northern Mariana Islands, and the Trust Territory of the Pacific
Islands.'' and inserting ``and the Commonwealth of the Northern
Mariana Islands.'';
(2) by striking paragraph (12) and inserting the following:
``(12) The term `disease prevention and health promotion
services' means--
``(A) health risk assessments;
``(B) routine health screening, which may include
hypertension, glaucoma, cholesterol, cancer, vision, hearing,
diabetes, bone density, and nutrition screening;
``(C) nutritional counseling and educational services for
individuals and their primary caregivers;
``(D) health promotion programs, including but not limited
to programs relating to prevention and reduction of effects of
chronic disabling conditions (including osteoporosis and
cardiovascular disease), alcohol and substance abuse reduction,
smoking cessation, weight loss and control, and stress
management;
``(E) programs regarding physical fitness, group exercise,
and music therapy, art therapy, and dance-movement therapy,
including programs for multigenerational participation that are
provided by--
``(i) an institution of higher education;
``(ii) a local educational agency, as defined in
section 14101 of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 8801); or
``(iii) a community-based organization;
``(F) home injury control services, including screening of
high-risk home environments and provision of educational
programs on injury prevention (including fall and fracture
prevention) in the home environment;
``(G) screening for the prevention of depression,
coordination of community mental health services, provision of
educational activities, and referral to psychiatric and
psychological services;
``(H) educational programs on the availability, benefits,
and appropriate use of preventive health services covered under
title XVIII of the Social Security Act (42 U.S.C. 1395 et
seq.);
``(I) medication management screening and education to
prevent incorrect medication and adverse drug reactions;
``(J) information concerning diagnosis, prevention,
treatment, and rehabilitation concerning age-related diseases
and chronic disabling conditions, including osteoporosis,
cardiovascular diseases, diabetes, and Alzheimer's disease and
related disorders with neurological and organic brain
dysfunction;
``(K) gerontological counseling; and
``(L) counseling regarding social services and followup
health services based on any of the services described in
subparagraphs (A) through (K).
The term shall not include services for which payment may be made
under titles XVIII and XIX of the Social Security Act (42 U.S.C.
1395 et seq., 1396 et seq.).'';
(3) by striking paragraph (18) and redesignating paragraphs
(19), (20), (21), and (22) as paragraphs (18), (19), (20), and
(21);
(4) by striking paragraphs (19) and (20) (as redesignated) and
inserting the following:
``(19) The term `in-home services' includes--
``(A) services of homemakers and home health aides;
``(B) visiting and telephone reassurance;
``(C) chore maintenance;
``(D) in-home respite care for families, and adult day care
as a respite service for families;
``(E) minor modification of homes that is necessary to
facilitate the ability of older individuals to remain at home
and that is not available under another program (other than a
program carried out under this Act);
``(F) personal care services; and
``(G) other in-home services as defined--
``(i) by the State agency in the State plan submitted
in accordance with section 307; and
``(ii) by the area agency on aging in the area plan
submitted in accordance with section 306.
``(20) The term `Native American' means--
``(A) an Indian as defined in paragraph (5); and
``(B) a Native Hawaiian, as defined in section 625.'';
(5) by striking paragraph (23) and redesignating paragraphs
(24) through (35) as paragraphs (22), (23), (24), (25), (26), (27),
(28), (29), (30), (31), (32), and (33);
(6) by striking paragraph (36) and redesignating the remaining
paragraphs; and
(7) by adding at the end the following:
``(42) The term `family violence' has the same meaning given
the term in the Family Violence Prevention and Services Act (42
U.S.C. 10408).
``(43) The term `sexual assault' has the meaning given the term
in section 2003 of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3796gg-2).''.
THE OLDER AMERICANS ACT AMENDMENTS OF 1987
Subtitle A--Amendments to Title II of the Older Americans Act of 1965

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Section 202 of the Older Americans Act of 1965 (42 U.S.C. 3012) is
amended--
(1) in subsection (a)--
(A) by striking paragraph (9) and redesignating paragraphs
(10), (11), and (12) as paragraphs (9), (10), and (11)
respectively;
(B) by striking paragraphs (13) and (14) and redesignating
the remaining paragraphs;
(C) in paragraph (15) (as redesignated), by inserting ``and
older individuals residing in rural areas'' after ``low-income
minority individuals'';
(D) in paragraph (18)(B) (as redesignated), by striking
``1990'' and inserting ``2000'';
(E) by striking paragraph (19) (as redesignated) and
inserting the following:
``(19) conduct strict monitoring of State compliance with the
requirements in effect, under this Act to prohibit conflicts of
interest and to maintain the integrity and public purpose of
services provided and service providers, under this Act in all
contractual and commercial relationships;'';
(F) by striking paragraph (21) (as redesignated) and
inserting the following:
``(21) establish information and assistance services as
priority services for older individuals, and develop and operate,
either directly or through contracts, grants, or cooperative
agreements, a National Eldercare Locator Service, providing
information and assistance services through a nationwide toll-free
number to identify community resources for older individuals;'';
(G) by striking paragraph (24) (as redesignated) and
inserting the following:
``(24) establish and carry out pension counseling and
information programs described in section 215;''; and
(H) by striking paragraph (27) and redesignating the
remaining paragraphs;
(I) by adding a new paragraph (27):
``(27) improve the delivery of services to older individuals
living in rural areas through--
``(A) synthesizing results of research on how best to meet
the service needs of older individuals in rural areas;
``(B) developing a resource guide on best practices for
States, area agencies on aging, and service providers;
``(C) providing training and technical assistance to States
to implement these best practices of service delivery; and
``(D) submitting a report on the States' experiences in
implementing these best practices and the effect these
innovations are having on improving service delivery in rural
areas to the relevant committees not later than 36 months after
enactment.'';
(2) in subsection (d)(4), by striking ``1990'' and inserting
``2000''; and
(3) by adding at the end the following:
``(f)(1) The Assistant Secretary, in accordance with the process
described in paragraph (2), and in collaboration with a representative
group of State agencies, tribal organizations, area agencies on aging,
and providers of services involved in the performance outcome measures
shall develop and publish by December 31, 2001, a set of performance
outcome measures for planning, managing, and evaluating activities
performed and services provided under this Act. To the maximum extent
possible, the Assistant Secretary shall use data currently collected
(as of the date of development of the measures) by State agencies, area
agencies on aging, and service providers through the National Aging
Program Information System and other applicable sources of information
in developing such measures.
``(2) The process for developing the performance outcome measures
described in paragraph (1) shall include--
``(A) a review of such measures currently in use by State
agencies and area agencies on aging (as of the date of the review);
``(B) development of a proposed set of such measures that
provides information about the major activities performed and
services provided under this Act;
``(C) pilot testing of the proposed set of such measures,
including an identification of resource, infrastructure, and data
collection issues at the State and local levels; and
``(D) evaluation of the pilot test and recommendations for
modification of the proposed set of such measures.''.

e2fc910c9908646276b12c1209f5d6a203e7a12091fcd132e736caf9fc907626

Title II of the Older Americans Act of 1965 (42 U.S.C. 3011 et
seq.) is amended--
(1) in section 203(a)(3)(A), by inserting ``and older
individuals residing in rural areas'' after ``low-income minority
older individuals'';
(2) by striking section 204 and inserting the following:
``SEC. 204. GIFTS AND DONATIONS.
``(a) Gifts and Donations.--The Assistant Secretary may accept,
use, and dispose of, on behalf of the United States, gifts or donations
(in cash or in kind, including voluntary and uncompensated services or
property), which shall be available until expended for the purposes
specified in subsection (b). Gifts of cash and proceeds of the sale of
property shall be available in addition to amounts appropriated to
carry out this Act.
``(b) Use of Gifts and Donations.--Gifts and donations accepted
pursuant to subsection (a) may be used either directly, or for grants
to or contracts with public or nonprofit private entities, for the
following activities:
``(1) The design and implementation of demonstrations of
innovative ideas and best practices in programs and services for
older individuals.
``(2) The planning and conduct of conferences for the purpose
of exchanging information, among concerned individuals and public
and private entities and organizations, relating to programs and
services provided under this Act and other programs and services
for older individuals.
``(3) The development, publication, and dissemination of
informational materials (in print, visual, electronic, or other
media) relating to the programs and services provided under this
Act and other matters of concern to older individuals.
``(c) Ethics Guidelines.--The Assistant Secretary shall establish
written guidelines setting forth the criteria to be used in determining
whether a gift or donation should be declined under this section
because the acceptance of the gift or donation would--
``(1) reflect unfavorably upon the ability of the
Administration, the Department of Health and Human Services, or any
employee of the Administration or Department, to carry out
responsibilities or official duties under this Act in a fair and
objective manner; or
``(2) compromise the integrity or the appearance of integrity
of programs or services provided under this Act or of any official
involved in those programs or services.'';
(3) in section 205, by striking subsections (c) and (d) and
redesignating subsection (e) as subsection (c);
(4) by redesignating section 215 as section 216; and
(5) by inserting after section 214 the following:
``SEC. 215. PENSION COUNSELING AND INFORMATION PROGRAMS.
``(a) Definitions.--In this section:
``(1) Pension and other retirement benefits.--The term `pension
and other retirement benefits' means private, civil service, and
other public pensions and retirement benefits, including benefits
provided under--
``(A) the Social Security program under title II of the
Social Security Act (42 U.S.C. 401 et seq.);
``(B) the railroad retirement program under the Railroad
Retirement Act of 1974 (45 U.S.C. 231 et seq.);
``(C) the government retirement benefits programs under the
Civil Service Retirement System set forth in chapter 83 of
title 5, United States Code, the Federal Employees Retirement
System set forth in chapter 84 of title 5, United States Code,
or other Federal retirement systems; or
``(D) employee pension benefit plans as defined in section
3(2) of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1002(2)).
``(2) Pension counseling and information program.--The term
`pension counseling and information program' means a program
described in subsection (b).
``(b) Program Authorized.--The Assistant Secretary shall award
grants to eligible entities to establish and carry out pension
counseling and information programs that create or continue a
sufficient number of pension assistance and counseling programs to
provide outreach, information, counseling, referral, and other
assistance regarding pension and other retirement benefits, and rights
related to such benefits, to individuals in the United States.
``(c) Eligible Entities.--The Assistant Secretary shall award
grants under this section to--
``(1) State agencies or area agencies on aging; and
``(2) nonprofit organizations with a proven record of
providing--
``(A) services related to retirement of older individuals;
``(B) services to Native Americans; or
``(C) specific pension counseling.
``(d) Citizen Advisory Panel.--The Assistant Secretary shall
establish a citizen advisory panel to advise the Assistant Secretary
regarding which entities should receive grant awards under this
section. Such panel shall include representatives of business, labor,
national senior advocates, and national pension rights advocates. The
Assistant Secretary shall consult such panel prior to awarding grants
under this section.
``(e) Application.--To be eligible to receive a grant under this
section, an entity shall submit an application to the Assistant
Secretary at such time, in such manner, and containing such information
as the Assistant Secretary may require, including--
``(1) a plan to establish a pension counseling and information
program that--
``(A) establishes or continues a State or area pension
counseling and information program;
``(B) serves a specific geographic area;
``(C) provides counseling (including direct counseling and
assistance to individuals who need information regarding
pension and other retirement benefits) and information that may
assist individuals in obtaining, or establishing rights to, and
filing claims or complaints regarding, pension and other
retirement benefits;
``(D) provides information on sources of pension and other
retirement benefits;
``(E) establishes a system to make referrals for legal
services and other advocacy programs;
``(F) establishes a system of referral to Federal, State,
and local departments or agencies related to pension and other
retirement benefits;
``(G) provides a sufficient number of staff positions
(including volunteer positions) to ensure information,
counseling, referral, and assistance regarding pension and
other retirement benefits;
``(H) provides training programs for staff members,
including volunteer staff members, of pension and other
retirement benefits programs;
``(I) makes recommendations to the Administration, the
Department of Labor and other Federal, State, and local
agencies concerning issues for older individuals related to
pension and other retirement benefits; and
``(J) establishes or continues an outreach program to
provide information, counseling, referral and assistance
regarding pension and other retirement benefits, with
particular emphasis on outreach to women, minorities, older
individuals residing in rural areas and low income retirees;
and
``(2) an assurance that staff members (including volunteer
staff members) have no conflict of interest in providing the
services described in the plan described in paragraph (1).
``(f) Criteria.--The Assistant Secretary shall consider the
following criteria in awarding grants under this section:
``(1) Evidence of a commitment by the entity to carry out a
proposed pension counseling and information program.
``(2) The ability of the entity to perform effective outreach
to affected populations, particularly populations that are
identified in need of special outreach.
``(3) Reliable information that the population to be served by
the entity has a demonstrable need for the services proposed to be
provided under the program.
``(4) The ability of the entity to provide services under the
program on a statewide or regional basis.
``(g) Training and Technical Assistance Program.--
``(1) In general.--The Assistant Secretary shall award
grants to eligible entities to establish training and technical
assistance programs that shall provide information and
technical assistance to the staffs of entities operating
pension counseling and information programs described in
subsection (b), and general assistance to such entities,
including assistance in the design of program evaluation tools.
``(2) Eligible entities.--Entities that are eligible to
receive a grant under this subsection include nonprofit private
organizations with a record of providing national information,
referral, and advocacy in matters related to pension and other
retirement benefits.
``(3) Application.--To be eligible to receive a grant under
this subsection, an entity shall submit an application to the
Assistant Secretary at such time, in such manner, and
containing such information as the Assistant Secretary may
require.
``(h) Pension Assistance Hotline and Intragency Coordination.--
``(1) Hotline.--The Assistant Secretary shall enter into
agreements with other Federal agencies to establish and administer
a national telephone hotline that shall provide information
regarding pension and other retirement benefits, and rights related
to such benefits.
``(2) Content.--Such hotline described in paragraph (1) shall
provide information for individuals seeking outreach, information,
counseling, referral, and assistance regarding pension and other
retirement benefits, and rights related to such benefits.
``(3) Agreements.--The Assistant Secretary may enter into
agreements with the Secretary of Labor and the heads of other
Federal agencies that regulate the provision of pension and other
retirement benefits in order to carry out this subsection.
``(i) Report to Congress.--Not later than 30 months after the date
of the enactment of this section, the Assistant Secretary shall submit
to the Committee on Education and the Workforce of the House of
Representatives and the Committee on Health, Education, Labor and
Pensions of the Senate a report that--
``(1) summarizes the distribution of funds authorized for
grants under this section and the expenditure of such funds;
``(2) summarizes the scope and content of training and
assistance provided under a program carried out under this section
and the degree to which the training and assistance can be
replicated;
``(3) outlines the problems that individuals participating in
programs funded under this section encountered concerning rights
related to pension and other retirement benefits; and
``(4) makes recommendations regarding the manner in which
services provided in programs funded under this section can be
incorporated into the ongoing programs of State agencies, area
agencies on aging, multipurpose senior centers and other similar
entities.
``(j) Administrative Expenses.--Of the funds appropriated under
section 216 to carry out this section for a fiscal year, not more than
$100,000 may be used by the Administration for administrative
expenses.''.

308ba7efe355af51f25c87746bb52b047cac277ce39c30482701e20d5a2a56a5

Section 206 of the Older Americans Act of 1965 (42 U.S.C. 3017) is
amended--
(1) in subsection (a), by inserting ``and older individuals
residing in rural areas'' after ``low-income minority individuals''
each place it appears;
(2) in subsection (c), by inserting ``, older individuals
residing in rural areas'' after ``minority individuals'';
(3) by striking subsection (g); and
(4) by redesignating subsection (h) as subsection (g).

97e9aedade1747fe3142fed71df0b2c79cb8aa40faf4d9811a2716e9d2712f49

Section 207 of the Older Americans Act of 1965 (42 U.S.C. 3018) is
amended--
(1) in subsection (a)(4), by inserting ``older individuals
residing in rural areas,'' after ``low-income minority
individuals,''; and
(2) in subsection (c)(5) by inserting ``and older individuals
residing in rural areas'' after ``low-income minority individuals''
each place it appears.

59aa4d5e4536776463c0bb7f6fcb118d2e69c300bfd3e61dd8a3323408a9d23f

Section 216 of the Older Americans Act of 1965 (42 U.S.C. 3020f)
(as redesignated by section 202) is amended--
(1) in subsection (a)--
(A) by striking ``(a) Administration.--'' and inserting
``(a) In General.--'';
(B) by striking ``1992'' and all that follows through the
period and inserting ``2001, 2002, 2003, 2004, and 2005''; and
(C) by inserting ``administration, salaries, and expenses
of'' after ``appropriated for''; and
(2) by striking subsection (b) and inserting the following:
``(b) Eldercare Locator Service.--There are authorized to be
appropriated to carry out section 202(a)(24) (relating to the National
Eldercare Locator Service) such sums as may be necessary for fiscal
year 2001, and such sums as may be necessary for each of the 4
succeeding fiscal years.
``(c) Pension Counseling and Information Programs.--There are
authorized to be appropriated to carry out section 215, such sums as
may be necessary for fiscal year 2001 and for each of the 4 succeeding
fiscal years.''.
Subtitle B--Amendments to the Older Americans Act Amendments of 1987

888c81edfbb59effddb42331cb2f7455bad4842b6a35d2b4499332547098f4c2

Title II of the Older Americans Act Amendments of 1987 (42 U.S.C.
3001 note) is amended--
(1) by striking section 201;
(2) by redesignating sections 202, 203, 204, 205, 206, and 207,
as sections 201, 202, 203, 204, 205, and 206, respectively;
(3) in section 201 (as redesignated by paragraph (2))--
(A) by striking subsections (a), (b), and (c) and inserting
the following:
``(a) Authority To Call Conference.--Not later than December 31,
2005, the President shall convene the White House Conference on Aging
in order to fulfill the purpose set forth in subsection (c) and to make
fundamental policy recommendations regarding programs that are
important to older individuals and to the families and communities of
such individuals.
``(b) Planning and Direction.--The Conference described in
subsection (a) shall be planned and conducted under the direction of
the Secretary, in cooperation with the Assistant Secretary for Aging,
the Director of the National Institute on Aging, the Administrator of
the Health Care Financing Administration, the Social Security
Administrator, and the heads of such other Federal agencies serving
older individuals as are appropriate. Planning and conducting the
Conference includes the assignment of personnel.
``(c) Purpose.--The purpose of the Conference described in
subsection (a) shall be to gather individuals representing the spectrum
of thought and experience in the field of aging to--
``(1) evaluate the manner in which the objectives of this Act
can be met by using the resources and talents of older individuals,
of families and communities of such individuals, and of individuals
from the public and private sectors;
``(2) evaluate the manner in which national policies that are
related to economic security and health care are prepared so that
such policies serve individuals born from 1946 to 1964 and later,
as the individuals become older individuals, including an
examination of the Social Security, Medicare, and Medicaid programs
carried out under titles II, XVIII, and XIX of the Social Security
Act (42 U.S.C. 401 et seq., 1395 et seq., and 1396 et seq.) in
relation to providing services under this Act, and determine how
well such policies respond to the needs of older individuals; and
``(3) develop not more than 50 recommendations to guide the
President, Congress, and Federal agencies in serving older
individuals.''; and
(B) in subsection (d)(2), by striking ``and individuals
from low-income families.'' and inserting ``individuals from
low-income families, representatives of Federal, State, and
local governments, and individuals from rural areas. A majority
of such delegates shall be age 55 or older.'';
(4) in section 202 (as redesignated by paragraph (2))--
(A) in subsection (a)--
(i) by striking paragraph (3); and
(ii) by redesignating paragraphs (4), (5), and (6) as
paragraphs (3), (4), and (5), respectively;
(B) in subsection (b)--
(i) by striking paragraph (1);
(ii) by redesignating paragraphs (2), (3), (4), and (5)
as paragraphs (1), (2), (3), and (4) respectively;
(iii) in paragraph (1) (as redesignated by clause
(ii))--
(I) by striking ``subsection (a)(4)'' and inserting
``subsection (a)(3)''; and
(II) by striking ``regarding such agenda,'' and
inserting ``regarding such agenda, and''; and
(iv) in paragraph (2) (as redesignated by clause (ii)),
by striking ``subsection (a)(6)'' and inserting
``subsection (a)(5)''; and
(C) in subsection (c), by adding at the end ``Gifts may be
earmarked by the donor or the executive committee for a
specific purpose.'';
(5) in section 203(a) (as redesignated by paragraph (2))--
(A) by striking paragraph (1) and inserting the following:
``(1) Establishment.--There is established a Policy Committee
comprised of 17 members to be selected, not later than 2 years
prior to the date on which the Conference convenes, as follows:
``(A) Presidential appointees.--Nine members shall be
selected by the President and shall include--
``(i) three members who are officers or employees of
the United States; and
``(ii) six members with experience in the field of
aging, including providers and consumers of aging services.
``(B) House appointees.--Two members shall be selected by
the Speaker of the House of Representatives, after consultation
with the Committee on Education and the Workforce and the
Committee on Ways and Means of the House of Representatives,
and two members shall be selected by the Minority Leader of the
House of Representatives, after consultation with such
committees.
``(C) Senate appointees.--Two members shall be selected by
the Majority Leader of the Senate, after consultation with
members of the Committee on Health, Education, Labor, and
Pensions and the Special Committee on Aging of the Senate, and
two members shall be selected by the Minority Leader of the
Senate, after consultation with members of such committees.'';
(B) in paragraph (2)--
(i) in subparagraph (B), by striking ``Committee'' and
inserting ``Committee for the Secretary''; and
(ii) by striking subparagraphs (D) and (E) and
inserting the following:
``(D) establish the number of delegates to be selected
under section 201(d)(2);
``(E) establish an executive committee consisting of three
to five members, with a majority of such members being age 55
or older, to work with Conference staff; and
``(F) establish other committees as needed that have a
majority of members who are age 55 or older.''; and
(C) by striking paragraph (3) and inserting the following:
``(3) Voting; chairperson.--
``(A) Voting.--The Policy Committee shall act by the vote
of a majority of the members present. A quorum of Committee
members shall not be required to conduct Committee business.
``(B) Chairperson.--The President shall select the
chairperson from among the members of the Policy Committee. The
chairperson may vote only to break a tie vote of the other
members of the Policy Committee.'';
(6) by striking section 204 (as redesignated by paragraph (2))
and inserting the following:
``SEC. 204. REPORT OF THE CONFERENCE.
``(a) Preliminary Report.--Not later than 100 days after the date
on which the Conference adjourns, the Policy Committee shall publish
and deliver to the chief executive officers of the States a preliminary
report on the Conference. Comments on the preliminary report of the
Conference shall be accepted by the Policy Committee.
``(b) Final Report.--Not later than 6 months after the date on
which the Conference adjourns, the Policy Committee shall publish and
transmit to the President and to Congress recommendations resulting
from the Conference and suggestions for any administrative action and
legislation necessary to implement the recommendations contained within
the report.''; and
(7) in section 206 (as redesignated by paragraph (2))--
(A) in subsection (a), by striking paragraph (1) and
inserting the following:
``(1) In general.--There are authorized to be appropriated to
carry out this section--
``(A) such sums as may be necessary for the first fiscal
year in which the Policy Committee plans the Conference and for
the following fiscal year; and
``(B) such sums as may be necessary for the fiscal year in
which the Conference is held.''; and
(B) in subsection (b)--
(i) in paragraph (1), by striking ``section 203(c)''
and inserting ``section 202(c)''; and
(ii) in paragraph (3), by striking ``December 31,
1995'' and inserting ``December 31, 2005''.

0664039cf72db3acf0185b71f4afa7e7ba8ec11f39b1a70c89db4f276ca39858

Section 301 of the Older Americans Act of 1965 (42 U.S.C. 3021) is
amended by adding at the end the following:
``(d)(1) Any funds received under an allotment as described in
section 304(a), or funds contributed toward the non-Federal share under
section 304(d), shall be used only for activities and services to
benefit older individuals and other individuals as specifically
provided for in this title.
``(2) No provision of this title shall be construed as prohibiting
a State agency or area agency on aging from providing services by using
funds from sources not described in paragraph (1).''.

c6d76f19084f196181e536011f18f977c6c4b652371801e254ee032e36877e55

Section 303 of the Older Americans Act of 1965 (42 U.S.C 3023) is
amended--
(1) by striking subsection (a)(1) and inserting the following:
``(a)(1) There are authorized to be appropriated to carry out part
B (relating to supportive services) such sums as may be necessary for
fiscal year 2001, and such sums as may be necessary for each of the 4
succeeding fiscal years.'';
(2) by striking subsection (b) and inserting the following:
``(b)(1) There are authorized to be appropriated to carry out
subpart 1 of part C (relating to congregate nutrition services) such
sums as may be necessary for fiscal year 2001, and such sums as may be
necessary for each of the 4 succeeding fiscal years.
``(2) There are authorized to be appropriated to carry out subpart
2 of part C (relating to home delivered nutrition services) such sums
as may be necessary for fiscal year 2001, and such sums as may be
necessary for each of the 4 succeeding fiscal years.''; and
(3) by striking subsections (d) through (g) and inserting the
following:
``(d) There are authorized to be appropriated to carry out part D
(relating to disease prevention and health promotion services) such
sums as may be necessary for fiscal year 2001, and such sums as may be
necessary for each of the 4 succeeding fiscal years.
``(e)(1) There are authorized to be appropriated to carry out part
E (relating to family caregiver support) $125,000,000 for fiscal year
2001 if the aggregate amount appropriated under subsection (a)(1)
(relating to part B, supportive services), paragraphs (1) (relating to
subpart 1 of part C, congregate nutrition services) and (2) (relating
to subpart 2 of part C, home delivered nutrition services) of
subsection (b), and (d) (relating to part D, disease prevention and
health promotion services) of this section for fiscal year 2001 is not
less than the aggregate amount appropriated under subsection (a)(1),
paragraphs (1) and (2) of subsection (b), and subsection (d) of section
303 of the Older Americans Act of 1965 for fiscal year 2000.
``(2) There are authorized to be appropriated to carry out part E
(relating to family caregiver support) such sums as may be necessary
for each of the 4 succeeding fiscal years.
``(3) Of the funds appropriated under paragraphs (1) and (2)--
``(A) 4 percent of such funds shall be reserved to carry out
activities described in section 375; and
``(B) 1 percent of such funds shall be reserved to carry out
activities described in section 376.''.

b614fd6639de66a5650c59ab52971e8dacf4646c07d468987b05b8df4ab8e0a2

(a) In General.--Section 304 of the Older Americans Act of 1965 (42
U.S.C. 3024) is amended by striking subsection (a) and inserting the
following:
``(a)(1) From the sums appropriated under subsections (a) through
(d) of section 303 for each fiscal year, each State shall be allotted
an amount which bears the same ratio to such sums as the population of
older individuals in such State bears to the population of older
individuals in all States.
``(2) In determining the amounts allotted to States from the sums
appropriated under section 303 for a fiscal year, the Assistant
Secretary shall first determine the amount allotted to each State under
paragraph (1) and then proportionately adjust such amounts, if
necessary, to meet the requirements of paragraph (3).
``(3)(A) No State shall be allotted less than \1/2\ of 1 percent of
the sum appropriated for the fiscal year for which the determination is
made.
``(B) Guam and the United States Virgin Islands shall each be
allotted not less than \1/4\ of 1 percent of the sum appropriated for
the fiscal year for which the determination is made.
``(C) American Samoa and the Commonwealth of the Northern Mariana
Islands shall each be allotted not less than \1/16\ of 1 percent of the
sum appropriated for the fiscal year for which the determination is
made. For the purposes of the exception contained in subparagraph (A)
only, the term ``State'' does not include Guam, American Samoa, the
United States Virgin Islands, and the Commonwealth of the Northern
Mariana Islands.
``(D) No State shall be allotted less than the total amount
allotted to the State for fiscal year 2000 and no State shall receive a
percentage increase above the fiscal year 2000 allotment that is less
than 20 percent of the percentage increase above the fiscal year 2000
allotments for all of the States.
``(4) The number of individuals aged 60 or older in any State and
in all States shall be determined by the Assistant Secretary on the
basis of the most recent data available from the Bureau of the Census,
and other reliable demographic data satisfactory to the Assistant
Secretary.
``(5) State allotments for a fiscal year under this section shall
be proportionally reduced to the extent that appropriations may be
insufficient to provide the full allotments of the prior year.''.
(b) Availability of Funds for Reallotment.--Section 304(b) of the
Older Americans Act of 1965 (42 U.S.C. 3024(b)) is amended in the first
sentence by striking ``part B or C'' and inserting ``part B or C, or
subpart 1 of part E,''.

1348280969cd161239036d21e9701ad9837c8159a9406aa3fad2421dfa17c720

Section 305(a) of the Older Americans Act of 1965 (42 U.S.C.
3025(a)) is amended by--
(1) in paragraph (1)(E), by inserting ``and older individuals
residing in rural areas'' after ``low-income minority individuals''
each place it appears; and
(2) in paragraph (2)--
(A) in subparagraph (E) by striking ``,'' and inserting
``and older individuals residing in rural areas,'' after ``low-
income minority individuals'';
(B) in subparagraph (G)(i) by inserting ``and older
individuals residing in rural areas'' after ``low-income
minority older individuals''; and
(C) in subparagraph (G)(ii) by inserting ``and older
individuals residing in rural areas'' after ``low-income
minority individuals''.

cde636913dc61ee8964da396f7927263abdb5ad839a610b1b633dffb22e86970

(a) In General.--Section 306(a) of the Older Americans Act of 1965
(42 U.S.C. 3026(a)) is amended--
(1) in paragraph (1), by inserting ``and older individuals
residing in rural areas'' after ``low-income minority individuals''
in each place it appears;
(2) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by striking
``section 307(a)(22)'' and inserting ``section 307(a)(2)'';
(B) in subparagraph (B), by striking ``services
(homemaker'' and all that follows through ``maintenance, and''
and inserting ``services, including''; and
(C) in the matter following subparagraph (C), by striking
``and specify annually in such plan, as submitted or as
amended,'' and inserting ``and assurances that the area agency
on aging will report annually to the State agency'';
(3) in paragraph (3)(A), by striking ``paragraph (6)(E)(ii)''
and inserting ``paragraph (6)(C)'';
(4)(A) by striking paragraph (4); and
(B) by redesignating paragraph (5) as paragraph (4);
(5) in paragraph (4)(A)(i) (as redesignated) by inserting ``and
older individuals residing in rural areas'' after ``low-income
minority individuals'';
(6) in paragraph (4)(A)(ii) (as redesignated) by inserting
``and older individuals residing in rural areas'' after ``low-
income minority individuals'' each place it appears;
(7) in paragraph (4)(B)(i) (as redesignated) by inserting ``and
older individuals residing in rural areas'' after ``low-income
minority individuals'' each place it appears;
(8) in paragraph (4)(C) (as redesignated) by inserting ``and
older individuals residing in rural areas'' after ``low-income
minority older individuals'';
(9) by inserting after paragraph (4) (as redesignated by
paragraph (3)) the following:
``(5) provide assurances that the area agency on aging will
coordinate planning, identification, assessment of needs, and
provision of services for older individuals with disabilities, with
particular attention to individuals with severe disabilities, with
agencies that develop or provide services for individuals with
disabilities;'';
(10) in paragraph (6)--
(A) by striking subparagraphs (A), (B), (G), (I), (J), (K),
(L), (O), (P), (Q), (R), and (S);
(B) by redesignating subparagraphs (C), (D), (E), (F), (H),
(M), and (N) as subparagraphs (A), (B), (C), (D), (E), (F), and
(G), respectively;
(C) in subparagraph (C) (as redesignated by subparagraph
(B)), by striking ``or adults'' and inserting ``, assistance to
older individuals caring for relatives who are children'';
(D) in subparagraph (D) (as redesignated by subparagraph
(B)), by inserting ``and older individuals residing in rural
areas'' after ``minority individuals''; and
(E) in subparagraph (F) (as redesignated by subparagraph
(B)), by adding ``and'' after the semicolon;
(11) by striking paragraphs (7) through (13) and inserting the
following:
``(7) provide that the area agency on aging will facilitate the
coordination of community-based, long-term care services designed
to enable older individuals to remain in their homes, by means
including--
``(A) development of case management services as a
component of the long-term care services, consistent with the
requirements of paragraph (8);
``(B) involvement of long-term care providers in the
coordination of such services; and
``(C) increasing community awareness of and involvement in
addressing the needs of residents of long-term care facilities;
``(8) provide that case management services provided under this
title through the area agency on aging will--
``(A) not duplicate case management services provided
through other Federal and State programs;
``(B) be coordinated with services described in
subparagraph (A); and
``(C) be provided by a public agency or a nonprofit private
agency that--
``(i) gives each older individual seeking services
under this title a list of agencies that provide similar
services within the jurisdiction of the area agency on
aging;
``(ii) gives each individual described in clause (i) a
statement specifying that the individual has a right to
make an independent choice of service providers and
documents receipt by such individual of such statement;
``(iii) has case managers acting as agents for the
individuals receiving the services and not as promoters for
the agency providing such services; or
``(iv) is located in a rural area and obtains a waiver
of the requirements described in clauses (i) through (iii);
``(9) provide assurances that the area agency on aging, in
carrying out the State Long-Term Care Ombudsman program under
section 307(a)(9), will expend not less than the total amount of
funds appropriated under this Act and expended by the agency in
fiscal year 2000 in carrying out such a program under this title;
``(10) provide a grievance procedure for older individuals who
are dissatisfied with or denied services under this title;
``(11) provide information and assurances concerning services
to older individuals who are Native Americans (referred to in this
paragraph as `older Native Americans'), including--
``(A) information concerning whether there is a significant
population of older Native Americans in the planning and
service area and if so, an assurance that the area agency on
aging will pursue activities, including outreach, to increase
access of those older Native Americans to programs and benefits
provided under this title;
``(B) an assurance that the area agency on aging will, to
the maximum extent practicable, coordinate the services the
agency provides under this title with services provided under
title VI; and
``(C) an assurance that the area agency on aging will make
services under the area plan available, to the same extent as
such services are available to older individuals within the
planning and service area, to older Native Americans; and
``(12) provide that the area agency on aging will establish
procedures for coordination of services with entities conducting
other Federal or federally assisted programs for older individuals
at the local level, with particular emphasis on entities conducting
programs described in section 203(b) within the planning and
service area.'';
(12) by redesignating paragraph (14) as paragraph (13);
(13) by inserting after paragraph (13) (as redesignated by
paragraph (7)) the following:
``(14) provide assurances that funds received under this title
will not be used to pay any part of a cost (including an
administrative cost) incurred by the area agency on aging to carry
out a contract or commercial relationship that is not carried out
to implement this title; and
``(15) provide assurances that preference in receiving services
under this title will not be given by the area agency on aging to
particular older individuals as a result of a contract or
commercial relationship that is not carried out to implement this
title.''; and
(14) by striking paragraphs (17) through (20).
(b) Waivers.--Section 306(b) of the Older Americans Act of 1965 (42
U.S.C. 3026(b)) is amended--
(1) in paragraph (1), by striking ``(1)'' and inserting before
the period ``and had conducted a timely public hearing upon
request''; and
(2) by striking paragraph (2).

3ea3223d351c7d68c03736d8b513e7e2d567051de03c4d7ba2e9399aa899005a

Section 307(a) of the Older Americans Act of 1965 (42 U.S.C.
3027(a)) is amended--
(1) by striking paragraphs (1) through (5) and inserting the
following:
``(1) The plan shall--
``(A) require each area agency on aging designated under
section 305(a)(2)(A) to develop and submit to the State agency
for approval, in accordance with a uniform format developed by
the State agency, an area plan meeting the requirements of
section 306; and
``(B) be based on such area plans.
``(2) The plan shall provide that the State agency will--
``(A) evaluate, using uniform procedures described in
section 202(a)(29), the need for supportive services (including
legal assistance pursuant to 307(a)(11), information and
assistance, and transportation services), nutrition services,
and multipurpose senior centers within the State;
``(B) develop a standardized process to determine the
extent to which public or private programs and resources
(including volunteers and programs and services of voluntary
organizations) that have the capacity and actually meet such
need; and
``(C) specify a minimum proportion of the funds received by
each area agency on aging in the State to carry out part B that
will be expended (in the absence of a waiver under section
306(b) or 316) by such area agency on aging to provide each of
the categories of services specified in section 306(a)(2).
``(3) The plan shall--
``(A) include (and may not be approved unless the Assistant
Secretary approves) the statement and demonstration required by
paragraphs (2) and (4) of section 305(d) (concerning intrastate
distribution of funds); and
``(B) with respect to services for older individuals
residing in rural areas--
``(i) provide assurances that the State agency will
spend for each fiscal year, not less than the amount
expended for such services for fiscal year 2000;
``(ii) identify, for each fiscal year to which the plan
applies, the projected costs of providing such services
(including the cost of providing access to such services);
and
``(iii) describe the methods used to meet the needs for
such services in the fiscal year preceding the first year
to which such plan applies.
``(4) The plan shall provide that the State agency will conduct
periodic evaluations of, and public hearings on, activities and
projects carried out in the State under this title and title VII,
including evaluations of the effectiveness of services provided to
individuals with greatest economic need, greatest social need, or
disabilities, with particular attention to low-income minority
individuals and older individuals residing in rural areas.
``(5) The plan shall provide that the State agency will--
``(A) afford an opportunity for a hearing upon request, in
accordance with published procedures, to any area agency on
aging submitting a plan under this title, to any provider of
(or applicant to provide) services;
``(B) issue guidelines applicable to grievance procedures
required by section 306(a)(10); and
``(C) afford an opportunity for a public hearing, upon
request, by any area agency on aging, by any provider of (or
applicant to provide) services, or by any recipient of services
under this title regarding any waiver request, including those
under section 316.'';
(2) in paragraph (7), by striking subparagraph (C);
(3) by striking paragraphs (8) and (9) and inserting the
following:
``(8)(A) The plan shall provide that no supportive services,
nutrition services, or in-home services will be directly provided
by the State agency or an area agency on aging in the State,
unless, in the judgment of the State agency--
``(i) provision of such services by the State agency or the
area agency on aging is necessary to assure an adequate supply
of such services;
``(ii) such services are directly related to such State
agency's or area agency on aging's administrative functions; or
``(iii) such services can be provided more economically,
and with comparable quality, by such State agency or area
agency on aging.
``(B) Regarding case management services, if the State agency
or area agency on aging is already providing case management
services (as of the date of submission of the plan) under a State
program, the plan may specify that such agency is allowed to
continue to provide case management services.
``(C) The plan may specify that an area agency on aging is
allowed to directly provide information and assistance services and
outreach.
``(9) The plan shall provide assurances that the State agency
will carry out, through the Office of the State Long-Term Care
Ombudsman, a State Long-Term Care Ombudsman program in accordance
with section 712 and this title, and will expend for such purpose
an amount that is not less than an amount expended by the State
agency with funds received under this title for fiscal year 2000,
and an amount that is not less than the amount expended by the
State agency with funds received under title VII for fiscal year
2000.'';
(4) by striking paragraph (10) and inserting the following:
``(10) The plan shall provide assurances that the special needs
of older individuals residing in rural areas will be taken into
consideration and shall describe how those needs have been met and
describe how funds have been allocated to meet those needs.'';
(5) by striking paragraphs (11), (12), (13), and (14);
(6) by redesignating paragraphs (15) and (16) as paragraphs
(11) and (12), respectively;
(7) by striking paragraph (17);
(8) by redesignating paragraph (18) as paragraph (13);
(9) by striking paragraph (19);
(10) by redesignating paragraph (20) as paragraph (14);
(11) by striking paragraphs (21) and (22);
(12) by redesignating paragraphs (23), (24), (25), and (26) as
paragraphs (15), (16), (17), and (18), respectively;
(13) in paragraph (16) (as redesignated by paragraph (12)), by
inserting ``and older individuals residing in rural areas'' after
``low-income minority individuals'' each place it appears;
(14) in paragraph (17) (as redesignated by paragraph (12)), by
inserting ``to enhance services'' before ``and develop
collaborative programs'';
(15) in paragraph (18) (as redesignated by paragraph (12)), by
striking ``section 306(a)(6)(I)'' and inserting ``section
306(a)(7)'';
(16) by striking paragraphs (27), (28), (29), and (31);
(17) by redesignating paragraphs (30) and (32) as paragraphs
(19) and (20), respectively;
(18) by striking paragraphs (33), (34), and (35) and inserting
the following:
``(21) The plan shall--
``(A) provide an assurance that the State agency will
coordinate programs under this title and programs under title
VI, if applicable; and
``(B) provide an assurance that the State agency will
pursue activities to increase access by older individuals who
are Native Americans to all aging programs and benefits
provided by the agency, including programs and benefits
provided under this title, if applicable, and specify the ways
in which the State agency intends to implement the
activities.'';
(19) by redesignating paragraph (36) as paragraph (22);
(20) by striking paragraphs (37), (38), (39), (40), and (43);
(21) by redesignating paragraphs (41), (42), and (44) as
paragraphs (23), (24), and (25), respectively; and
(22) by adding at the end the following:
``(26) The plan shall provide assurances that funds received
under this title will not be used to pay any part of a cost
(including an administrative cost) incurred by the State agency or
an area agency on aging to carry out a contract or commercial
relationship that is not carried out to implement this title.''.

5d7195e4dc97a9998dde044dbb123e1a742e48225119b2e478d0d0b016700ebb

STATE PLANS.
Section 308(b) of the Older Americans Act of 1965 (42 U.S.C.
3028(b)) is amended--
(1) in paragraph (4)--
(A) in subparagraph (A)--
(i) by striking ``in its plan under section 307(a)(13)
regarding Part C of this title,''; and
(ii) by striking ``30 percent'' and inserting ``40
percent'';
(B) in subparagraph (B)--
(i) by striking ``for fiscal year 1993, 1994, 1995, or
1996'' and inserting ``for any fiscal year''; and
(ii) by striking ``to satisfy such need--'' and all
that follows and inserting ``to satisfy such need an
additional 10 percent of the funds so received by a State
and attributable to funds appropriated under paragraph (1)
or (2) of section 303(b).''; and
(C) by adding at the end the following:
``(C) A State's request for a waiver under subparagraph (B) shall--
``(i) be not more than one page in length;
``(ii) include a request that the waiver be granted;
``(iii) specify the amount of the funds received by a State and
attributable to funds appropriated under paragraph (1) or (2) of
section 303(b), over the permissible 40 percent referred to in
subparagraph (A), that the State requires to satisfy the need for
services under subpart 1 or 2 of part C; and
``(iv) not include a request for a waiver with respect to an
amount if the transfer of the amount would jeopardize the
appropriate provision of services under subpart 1 or 2 of part
C.''; and
(2) by striking paragraph (5) and inserting the following:
``(5)(A)Notwithstanding any other provision of this title, of the
funds received by a State attributable to funds appropriated under
subsection (a)(1), and paragraphs (1) and (2) of subsection (b), of
section 303, the State may elect to transfer not more than 30 percent
for any fiscal year between programs under part B and part C, for use
as the State considers appropriate. The State shall notify the
Assistant Secretary of any such election.
``(B) At a minimum, the notification described in subparagraph (A)
shall include a description of the amount to be transferred, the
purposes of the transfer, the need for the transfer, and the impact of
the transfer on the provision of services from which the funding will
be transferred.''.

02bb1a5a5c3781c0073cd859af5589b0af33933fa266495e5a946ac5cf8060ab

ORGANIZATIONS.
Section 310 of the Older Americans Act of 1965 (42 U.S.C. 3030) is
amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by inserting ``(or to any tribal organization
receiving a grant under title VI)'' after ``any State'';
and
(ii) by inserting ``(or funds used by such tribal
organization)'' before ``for the delivery of supportive
services'';
(B) in paragraph (2), by inserting ``and such tribal
organizations'' after ``States''; and
(C) in paragraph (3), by inserting ``or such tribal
organization'' after ``State'' each place it appears; and
(2) in subsections (b)(1) and (c), by inserting ``and such
tribal organizations'' after ``States''.

396c38878ee641e326aa5bec1024780f178bf91e2c23a524d988c16efc7f9955

Section 311 of the Older Americans Act of 1965 (42 U.S.C. 3030a) is
amended--
(1) in the section heading, by striking ``availability of
surplus commodities'' and inserting ``nutrition services incentive
program'';
(2) by redesignating subsections (a), (b), (c), and (d) as
subsections (c), (d), (e), and (f), respectively;
(3) by inserting before subsection (c) (as redesignated by
paragraph (2)) the following:
``(a) The purpose of this section is to provide incentives to
encourage and reward effective performance by States and tribal
organizations in the efficient delivery of nutritious meals to older
individuals.
``(b)(1) The Secretary of Agriculture shall allot and provide in
the form of cash or commodities or a combination thereof (at the
discretion of the State) to each State agency with a plan approved
under this title for a fiscal year, and to each grantee with an
application approved under title VI for such fiscal year, an amount
bearing the same ratio to the total amount appropriated for such fiscal
year under subsection (e) as the number of meals served in the State
under such plan approved for the preceding fiscal year (or the number
of meals served by the title VI grantee, under such application
approved for such preceding fiscal year), bears to the total number of
such meals served in all States and by all title VI grantees under all
such plans and applications approved for such preceding fiscal year.
``(2) For purposes of paragraph (1), in the case of a grantee that
has an application approved under title VI for a fiscal year but that
did not receive assistance under this section for the preceding fiscal
year, the number of meals served by the title VI grantee for the
preceding fiscal year shall be deemed to equal the number of meals that
the Assistant Secretary estimates will be served by the title VI
grantee in the fiscal year for which the application was approved.'';
(4) in subsection (c) (as redesignated by paragraph (2)), by
striking paragraph (4);
(5) in subsection (d) (as redesignated by paragraph (2)), by
striking ``Notwithstanding'' through ``election'' and inserting
``In any case in which a State elects to receive cash payments,'';
(6) in subsection (d) (as redesignated by paragraph (2)), by
adding at the end the following:
``(4) Among the commodities delivered under subsection (c), the
Secretary of Agriculture shall give special emphasis to high protein
foods. The Secretary of Agriculture, in consultation with the Assistant
Secretary, is authorized to prescribe the terms and conditions
respecting the donating of commodities under this subsection.''; and
(7) by striking subsection (e) (as redesignated by paragraph
(2)) and inserting the following:
``(e) There are authorized to be appropriated to carry out this
section (other than subsection (c)(1)) such sums as may be necessary
for fiscal year 2001 and such sums as may be necessary for each of the
4 succeeding fiscal years.''.

c75a51e707f75d0d0595d895ec6ff5cd622916f0c66b37deb0edd75207b99fb2

Part A of title III (42 U.S.C. 3021 et seq.) is amended by adding
at the end the following:
``SEC. 315. CONSUMER CONTRIBUTIONS.
``(a) Cost Sharing.--
``(1) In general.--Except as provided in paragraphs (2) and
(3), a State is permitted to implement cost sharing for all
services funded by this Act by recipients of the services.
``(2) Exception.--The State is not permitted to implement the
cost sharing described in paragraph (1) for the following services:
``(A) Information and assistance, outreach, benefits
counseling, or case management services.
``(B) Ombudsman, elder abuse prevention, legal assistance,
or other consumer protection services.
``(C) Congregate and home delivered meals.
``(D) Any services delivered through tribal organizations.
``(3) Prohibitions.--A State or tribal organization shall not
permit the cost sharing described in paragraph (1) for any services
delivered through tribal organizations. A State shall not permit
cost sharing by a low-income older individual if the income of such
individual is at or below the Federal poverty line. A State may
exclude from cost sharing low-income individuals whose incomes are
above the Federal poverty line. A State shall not consider any
assets, savings, or other property owned by older individuals when
defining low-income individuals who are exempt from cost sharing,
when creating a sliding scale for the cost sharing, or when seeking
contributions from any older individual.
``(4) Payment rates.--If a State permits the cost sharing
described in paragraph (1), such State shall establish a sliding
scale, based solely on individual income and the cost of delivering
services.
``(5) Requirements.--If a State permits the cost sharing
described in paragraph (1), such State shall require each area
agency on aging in the State to ensure that each service provider
involved, and the area agency on aging, will--
``(A) protect the privacy and confidentiality of each older
individual with respect to the declaration or nondeclaration of
individual income and to any share of costs paid or unpaid by
an individual;
``(B) establish appropriate procedures to safeguard and
account for cost share payments;
``(C) use each collected cost share payment to expand the
service for which such payment was given;
``(D) not consider assets, savings, or other property owned
by an older individual in determining whether cost sharing is
permitted;
``(E) not deny any service for which funds are received
under this Act for an older individual due to the income of
such individual or such individual's failure to make a cost
sharing payment;
``(F) determine the eligibility of older individuals to
cost share solely by a confidential declaration of income and
with no requirement for verification; and
``(G) widely distribute State created written materials in
languages reflecting the reading abilities of older individuals
that describe the criteria for cost sharing, the State's
sliding scale, and the mandate described under subparagraph
(E).
``(6) Waiver.--An area agency on aging may request a waiver to
the State's cost sharing policies, and the State shall approve such
a waiver if the area agency on aging can adequately demonstrate
that--
``(A) a significant proportion of persons receiving
services under this Act subject to cost sharing in the planning
and service area have incomes below the threshold established
in State policy; or
``(B) cost sharing would be an unreasonable administrative
or financial burden upon the area agency on aging.
``(b) Voluntary Contributions.--
``(1) In general.--Voluntary contributions shall be allowed and
may be solicited for all services for which funds are received
under this Act provided that the method of solicitation is
noncoercive.
``(2) Local decision.--The area agency on aging shall consult
with the relevant service providers and older individuals in
agency's planning and service area in a State to determine the best
method for accepting voluntary contributions under this subsection.
``(3) Prohibited acts.--The area agency on aging and service
providers shall not means test for any service for which
contributions are accepted or deny services to any individual who
does not contribute to the cost of the service.
``(4) Required acts.--The area agency on aging shall ensure
that each service provider will--
``(A) provide each recipient with an opportunity to
voluntarily contribute to the cost of the service;
``(B) clearly inform each recipient that there is no
obligation to contribute and that the contribution is purely
voluntary;
``(C) protect the privacy and confidentiality of each
recipient with respect to the recipient's contribution or lack
of contribution;
``(D) establish appropriate procedures to safeguard and
account for all contributions; and
``(E) use all collected contributions to expand the service
for which the contributions were given.
``(c) Participation.--
``(1) In general.--The State and area agencies on aging, in
conducting public hearings on State and area plans, shall solicit
the views of older individuals, providers, and other stakeholders
on implementation of cost-sharing in the service area or the State.
``(2) Plans.--Prior to the implementation of cost sharing under
subsection (a), each State and area agency on aging shall develop
plans that are designed to ensure that the participation of low-
income older individuals (with particular attention to low-income
minority individuals and older individuals residing in rural areas)
receiving services will not decrease with the implementation of the
cost sharing under such subsection.
``(d) Evaluation.--Not later than 1 year after the date of the
enactment of the Older Americans Act Amendments of 2000, and annually
thereafter, the Assistant Secretary shall conduct a comprehensive
evaluation of practices for cost sharing to determine its impact on
participation rates with particular attention to low-income and
minority older individuals and older individuals residing in rural
areas. If the Assistant Secretary finds that there is a disparate
impact upon low-income or minority older individuals or older
individuals residing in rural areas in any State or region within the
State regarding the provision of services, the Assistant Secretary
shall take corrective action to assure that such services are provided
to all older individuals without regard to the cost sharing criteria.
``SEC. 316. WAIVERS.
``(a) In General.--The Assistant Secretary may waive any of the
provisions specified in subsection (b) with respect to a State, upon
receiving an application by the State agency containing or accompanied
by documentation sufficient to establish, to the satisfaction of the
Assistant Secretary, that--
``(1) approval of the State legislature has been obtained or is
not required with respect to the proposal for which waiver is
sought;
``(2) the State agency has collaborated with the area agencies
on aging in the State and other organizations that would be
affected with respect to the proposal for which waiver is sought;
``(3) the proposal has been made available for public review
and comment, including the opportunity for a public hearing upon
request, within the State (and a summary of all of the comments
received has been included in the application); and
``(4) the State agency has given adequate consideration to the
probable positive and negative consequences of approval of the
waiver application, and the probable benefits for older individuals
can reasonably be expected to outweigh any negative consequences,
or particular circumstances in the State otherwise justify the
waiver.
``(b) Requirements Subject to Waiver.--The provisions of this title
that may be waived under this section are--
``(1) any provision of sections 305, 306, and 307 requiring
statewide uniformity of programs carried out under this title, to
the extent necessary to permit demonstrations, in limited areas of
a State, of innovative approaches to assist older individuals;
``(2) any area plan requirement described in section 306(a) if
granting the waiver will promote innovations or improve service
delivery and will not diminish services already provided under this
Act;
``(3) any State plan requirement described in section 307(a) if
granting the waiver will promote innovations or improve service
delivery and will not diminish services already provided under this
Act;
``(4) any restriction under paragraph (5) of section 308(b), on
the amount that may be transferred between programs carried out
under part B and part C; and
``(5) the requirement of section 309(c) that certain amounts of
a State allotment be used for the provision of services, with
respect to a State that reduces expenditures under the State plan
of the State (but only to the extent that the non-Federal share of
the expenditures is not reduced below any minimum specified in
section 304(d) or any other provision of this title).
``(c) Duration of Waiver.--The application by a State agency for a
waiver under this section shall include a recommendation as to the
duration of the waiver (not to exceed the duration of the State plan of
the State). The Assistant Secretary, in granting such a waiver, shall
specify the duration of the waiver, which may be the duration
recommended by the State agency or such shorter time period as the
Assistant Secretary finds to be appropriate.
``(d) Reports to Secretary.--With respect to each waiver granted
under this section, not later than 1 year after the expiration of such
waiver, and at any time during the waiver period that the Assistant
Secretary may require, the State agency shall prepare and submit to the
Assistant Secretary a report evaluating the impact of the waiver on the
operation and effectiveness of programs and services provided under
this title.''.

c4610b5a9e2e87bb564d6449e748ac1ce298dc99a3deae4e2809dd1375ff025d

Section 321 of the Older Americans Act of 1965 (42 U.S.C. 3030d) is
amended--
(1) in subsection (a)--
(A) in paragraph (2), by striking ``or both'' and inserting
``and services provided by an area agency on aging, in
conjunction with local transportation service providers, public
transportation agencies, and other local government agencies,
that result in increased provision of such transportation
services for older individuals'';
(B) in paragraph (4), by striking ``or (D)'' and all that
follows and inserting ``or (D) to assist older individuals in
obtaining housing for which assistance is provided under
programs of the Department of Housing and Urban Development;'';
(C) in paragraph (5), by striking ``including'' and all
that follows and inserting the following: ``including--
``(A) client assessment, case management services, and
development and coordination of community services;
``(B) supportive activities to meet the special needs of
caregivers, including caretakers who provide in-home services
to frail older individuals; and
``(C) in-home services and other community services,
including home health, homemaker, shopping, escort, reader, and
letter writing services, to assist older individuals to live
independently in a home environment;'';
(D) in paragraph (12), by inserting before the semicolon
the following: ``, and including the coordination of the
services with programs administered by or receiving assistance
from the Department of Labor, including programs carried out
under the Workforce Investment Act of 1998 (29 U.S.C. 2801 et
seq.)'';
(E) in paragraph (21), by striking ``or'';
(F) by inserting after paragraph (21) the following:
``(22) in-home services for frail older individuals, including
individuals with Alzheimer's disease and related disorders with
neurological and organic brain dysfunction, and their families,
including in-home services defined by a State agency in the State
plan submitted under section 307, taking into consideration the
age, economic need, and noneconomic and nonhealth factors
contributing to the frail condition and need for services of the
individuals described in this paragraph, and in-home services
defined by an area agency on aging in the area plan submitted under
section 306.'';
(G) by redesignating paragraph (22) as paragraph (23); and
(H) in paragraph (23) (as redesignated by subparagraph
(G)), by inserting ``necessary for the general welfare of older
individuals'' before the semicolon; and
(2) by adding at the end the following:
``(c) In carrying out the provisions of this part, to more
efficiently and effectively deliver services to older individuals, each
area agency on aging shall coordinate services described in subsection
(a) with other community agencies and voluntary organizations providing
the same services. In coordinating the services, the area agency on
aging shall make efforts to coordinate the services with agencies and
organizations carrying out intergenerational programs or projects.
``(d) Funds made available under this part shall supplement, and
not supplant, any Federal, State, or local funds expended by a State or
unit of general purpose local government (including an area agency on
aging) to provide services described in subsection (a).''.

2d3e2d905fa7283bf75a7a68f47b4a067bb5a30117602742d74d41a03e237cfd

(a) Repeal.--Subpart 3 of part C of title III of the Older
Americans Act of 1965 (42 U.S.C. 3030g-11 et seq.) is repealed.
(b) Redesignation.--Part C of title III of the Older Americans Act
of 1965 (42 U.S.C. 3030e et seq.) is amended by redesignating subpart 4
as subpart 3.
(c) Program Authorized.--Section 331(2) of the Older Americans Act
of 1965 (42 U.S.C. 3030e(2)) is amended by inserting ``, including
adult day care facilities and multigenerational meal sites'' before the
semi-colon.

f932b208417eec75002e2de533f6365d15b76320b3700e54d3a4f971ed29d6f2

Subpart 4 of part C of title III of the Older Americans Act of 1965
(42 U.S.C. 3030g-21) is amended by striking section 339 and inserting
the following:
``SEC. 339. NUTRITION.
``A State that establishes and operates a nutrition project under
this chapter shall--
``(1) solicit the advice of a dietitian or individual with
comparable expertise in the planning of nutritional services, and
``(2) ensure that the project--
``(A) provides meals that--
``(i) comply with the Dietary Guidelines for Americans,
published by the Secretary and the Secretary of
Agriculture,
``(ii) provide to each participating older individual--
``(I) a minimum of 33\1/3\ percent of the daily
recommended dietary allowances as established by the
Food and Nutrition Board of the Institute of Medicine
of the National Academy of Sciences, if the project
provides one meal per day,
``(II) a minimum of 66\2/3\ percent of the
allowances if the project provides two meals per day,
and
``(III) 100 percent of the allowances if the
project provides three meals per day, and
``(iii) to the maximum extent practicable, are adjusted
to meet any special dietary needs of program participants,
``(B) provides flexibility to local nutrition providers in
designing meals that are appealing to program participants,
``(C) encourages providers to enter into contracts that
limit the amount of time meals must spend in transit before
they are consumed,
``(D) where feasible, encourages arrangements with schools
and other facilities serving meals to children in order to
promote intergenerational meal programs,
``(E) provides that meals, other than in-home meals, are
provided in settings in as close proximity to the majority of
eligible older individuals' residences as feasible,
``(F) comply with applicable provisions of State or local
laws regarding the safe and sanitary handling of food,
equipment, and supplies used in the storage, preparation,
service, and delivery of meals to an older individual,
``(G) ensures that meal providers carry out such project
with the advice of dietitians (or individuals with comparable
expertise), meal participants, and other individuals
knowledgeable with regard to the needs of older individuals,
``(H) ensures that each participating area agency on aging
establishes procedures that allow nutrition project
administrators the option to offer a meal, on the same basis as
meals provided to participating older individuals, to
individuals providing volunteer services during the meal hours,
and to individuals with disabilities who reside at home with
and accompany older individuals eligible under this chapter,
``(I) ensures that nutrition services will be available to
older individuals and to their spouses, and may be made
available to individuals with disabilities who are not older
individuals but who reside in housing facilities occupied
primarily by older individuals at which congregate nutrition
services are provided, and
``(J) provide for nutrition screening and, where
appropriate, for nutrition education and counseling.''.

dc554f8851005bf7a7d7d9826e6c4385f5f0586bce7517c2589111abd4e3f839

Title III of the Older Americans Act of 1965 (42 U.S.C. 3021 et
seq.) is amended--
(1) by repealing parts D and E; and
(2) by redesignating part F as part D.

f53280ddd1d5dcce7204c0fe5837ee2e60a5625849fd8f9996197fb901966d5d

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

02eccd9e5274576c5036cf422acf2fa01dda0383b641e5d74ed5a1a6b38146af

Title III of the Older Americans Act of 1965 (42 U.S.C. 3021 et
seq.) is amended--
(1) by repealing part G; and
(2) by inserting after part D (as redesignated by section
313(2)) the following:
``PART E--NATIONAL FAMILY CAREGIVER SUPPORT PROGRAM
``SEC. 371. SHORT TITLE.
``This part may be cited as the `National Family Caregiver Support
Act'.
``Subpart 1--Caregiver Support Program
``SEC. 372. DEFINITIONS.
``In this subpart:
``(1) Child.--The term `child' means an individual who is not
more than 18 years of age.
``(2) Family caregiver.--The term `family caregiver' means an
adult family member, or another individual, who is an informal
provider of in-home and community care to an older individual.
``(3) Grandparent or older individual who is a relative
caregiver.--The term `grandparent or older individual who is a
relative caregiver' means a grandparent or stepgrandparent of a
child, or a relative of a child by blood or marriage, who is 60
years of age or older and--
``(A) lives with the child;
``(B) is the primary caregiver of the child because the
biological or adoptive parents are unable or unwilling to serve
as the primary caregiver of the child; and
``(C) has a legal relationship to the child, as such legal
custody or guardianship, or is raising the child informally.
``SEC. 373. PROGRAM AUTHORIZED.
``(a) In General.--The Assistant Secretary shall carry out a
program for making grants to States with State plans approved under
section 307, to pay for the Federal share of the cost of carrying out
State programs, to enable area agencies on aging, or entities that such
area agencies on aging contract with, to provide multifaceted systems
of support services--
``(1) for family caregivers; and
``(2) for grandparents or older individuals who are relative
caregivers.
``(b) Support Services.--The services provided, in a State program
under subsection (a), by an area agency on aging, or entity that such
agency has contracted with, shall include--
``(1) information to caregivers about available services;
``(2) assistance to caregivers in gaining access to the
services;
``(3) individual counseling, organization of support groups,
and caregiver training to caregivers to assist the caregivers in
making decisions and solving problems relating to their caregiving
roles;
``(4) respite care to enable caregivers to be temporarily
relieved from their caregiving responsibilities; and
``(5) supplemental services, on a limited basis, to complement
the care provided by caregivers.
``(c) Population Served; Priority.--
``(1) Population served.--Services under a State program under
this subpart shall be provided to family caregivers, and
grandparents and older individuals who are relative caregivers, and
who--
``(A) are described in paragraph (1) or (2) of subsection
(a); and
``(B) with regard to the services specified in paragraphs
(4) and (5) of subsection (b), in the case of a caregiver
described in paragraph (1), is providing care to an older
individual who meets the condition specified in subparagraph
(A)(i) or (B) of section 102(28).
``(2) Priority.--In providing services under this subpart, the
State shall give priority for services to older individuals with
greatest social and economic need, (with particular attention to
low-income older individuals) and older individuals providing care
and support to persons with mental retardation and related
developmental disabilities (as defined in section 102 of the
Developmental Disabilities Assistance and Bill of Rights Act (42
U.S.C. 6001)) (referred to in this subpart as `developmental
disabilities').
``(d) Coordination With Service Providers.--In carrying out this
subpart, each area agency on aging shall coordinate the activities of
the agency, or entity that such agency has contracted with, with the
activities of other community agencies and voluntary organizations
providing the types of services described in subsection (b).
``(e) Quality Standards and Mechanisms and Accountability.--
``(1) Quality standards and mechanisms.--The State shall
establish standards and mechanisms designed to assure the quality
of services provided with assistance made available under this
subpart.
``(2) Data and records.--The State shall collect data and
maintain records relating to the State program in a standardized
format specified by the Assistant Secretary. The State shall
furnish the records to the Assistant Secretary, at such time as the
Assistant Secretary may require, in order to enable the Assistant
Secretary to monitor State program administration and compliance,
and to evaluate and compare the effectiveness of the State
programs.
``(3) Reports.--The State shall prepare and submit to the
Assistant Secretary reports on the data and records required under
paragraph (2), including information on the services funded under
this subpart, and standards and mechanisms by which the quality of
the services shall be assured.
``(f) Caregiver Allotment.--
``(1) In general.--
``(A) From sums appropriated under section 303(e) for
fiscal years 2001 through 2005, the Assistant Secretary shall
allot amounts among the States proportionately based on the
population of individuals 70 years of age or older in the
States.
``(B) In determining the amounts allotted to States from
the sums appropriated under section 303 for a fiscal year, the
Assistant Secretary shall first determine the amount allotted
to each State under subparagraph (A) and then proportionately
adjust such amounts, if necessary, to meet the requirements of
paragraph (2).
``(C) The number of individuals 70 years of age or older in
any State and in all States shall be determined by the
Assistant Secretary on the basis of the most recent data
available from the Bureau of the Census and other reliable
demographic data satisfactory to the Assistant Secretary.
``(2) Minimum allotment.--
``(A) The amounts allotted under paragraph (1) shall be
reduced proportionately to the extent necessary to increase
other allotments under such paragraph to achieve the amounts
described in subparagraph (B).
``(B)(i) Each State shall be allotted \1/2\ of 1 percent of
the amount appropriated for the fiscal year for which the
determination is made.
``(ii) Guam and the Virgin Islands of the United States
shall each be allotted \1/4\ of 1 percent of the amount
appropriated for the fiscal year for which the determination is
made.
``(iii) American Samoa and the Commonwealth of the Northern
Mariana Islands shall each be allotted \1/16\ of 1 percent of
the amount appropriated for the fiscal year for which the
determination is made.
``(C) For the purposes of subparagraph (B)(i), the term
`State' does not include Guam, American Samoa, the Virgin
Islands of the United States, and the Commonwealth of the
Northern Mariana Islands.
``(g) Availability of Funds.--
``(1) Use of funds for administration of area plans.--Amounts
made available to a State to carry out the State program under this
subpart may be used, in addition to amounts available in accordance
with section 303(c)(1), for costs of administration of area plans.
``(2) Federal share.--
``(A) In general.--Notwithstanding section 304(d)(1)(D),
the Federal share of the cost of carrying out a State program
under this subpart shall be 75 percent.
``(B) Non-federal share.--The non-Federal share of the cost
shall be provided from State and local sources.
``(C) Limitation.--A State may use not more than 10 percent
of the total Federal and non-Federal share available to the
State to provide support services to grandparents and older
individuals who are relative caregivers.
``SEC. 374. MAINTENANCE OF EFFORT.
``Funds made available under this subpart shall supplement, and not
supplant, any Federal, State, or local funds expended by a State or
unit of general purpose local government (including an area agency on
aging) to provide services described in section 373.
``Subpart 2--National Innovation Programs
``SEC. 375. INNOVATION GRANT PROGRAM.
``(a) In General.--The Assistant Secretary shall carry out a
program for making grants on a competitive basis to foster the
development and testing of new approaches to sustaining the efforts of
families and other informal caregivers of older individuals, and to
serving particular groups of caregivers of older individuals, including
low-income caregivers and geographically distant caregivers and linking
family support programs with the State entity or agency that
administers or funds programs for persons with mental retardation or
related developmental disabilities and their families.
``(b) Evaluation and Dissemination of Results.--The Assistant
Secretary shall provide for evaluation of the effectiveness of programs
and activities funded with grants made under this section, and for
dissemination to States of descriptions and evaluations of such
programs and activities, to enable States to incorporate successful
approaches into their programs carried out under this part.
``(c) Sunset Provision.--This section shall be effective for 3
fiscal years after the date of the enactment of the Older Americans Act
Amendments of 2000.
``SEC. 376. ACTIVITIES OF NATIONAL SIGNIFICANCE.
``(a) In General.--The Assistant Secretary shall, directly or by
grant or contract, carry out activities of national significance to
promote quality and continuous improvement in the support provided to
family and other informal caregivers of older individuals through
program evaluation, training, technical assistance, and research.
``(b) Sunset Provision.--This section shall be effective for 3
fiscal years after the date of the enactment of the Older Americans Act
Amendments of 2000.''.

469f49790109b797532197ba0748504109d200c72f408426777f4c6f44efcd7c

7f8128dead0badeba9b238429ed689702b7bb94ab2b222ac7e893271ed9328ed

TITLE IV

-TRAINING, RESEARCH, AND DISCRETIONARY PROJECTS AND PROGRAMS

7fb2b26fd409da775ca41ebd890c40dba6ff5f1b9ca80bbc0e0e19c3a748287e

TITLE V

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

Section 612 of the Older Americans Act of 1965 (42 U.S.C. 3057c) is
amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following:
``(b) An Indian tribe represented by an organization specified in
subsection (a) shall be eligible for only one grant under this part for
any fiscal year. Nothing in this subsection shall preclude an Indian
tribe represented by an organization specified in subsection (a) from
receiving a grant under section 631.''.

172ed81d9ad913fb70460d145b0702687d4a779f237a5b2dcf380f88512e0cf1

TITLE VI

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

Section 614 of the Older Americans Act of 1965 (42 U.S.C. 3057e) is
amended--
(1) in subsection (b), by striking ``certification'' and
inserting ``approval''; and
(2) in subsection (c)--
(A) by inserting ``(1)'' after ``(c)''; and
(B) by adding at the end the following:
``(2) The Assistant Secretary shall provide waivers and exemptions
of the reporting requirements of subsection (a)(3) for applicants that
serve Indian populations in geographically isolated areas, or
applicants that serve small Indian populations, where the small scale
of the project, the nature of the applicant, or other factors make the
reporting requirements unreasonable under the circumstances. The
Assistant Secretary shall consult with such applicants in establishing
appropriate waivers and exemptions.
``(3) The Assistant Secretary shall approve any application that
complies with the provisions of subsection (a), except that in
determining whether an application complies with the requirements of
subsection (a)(8), the Assistant Secretary shall provide maximum
flexibility to an applicant that seeks to take into account subsistence
needs, local customs, and other characteristics that are appropriate to
the unique cultural, regional, and geographic needs of the Indian
populations to be served.
``(4) In determining whether an application complies with the
requirements of subsection (a)(12), the Assistant Secretary shall
require only that an applicant provide an appropriate narrative
description of the geographic area to be served and an assurance that
procedures will be adopted to ensure against duplicate services being
provided to the same recipients.''.

d8e86ad3c99bff9ed9229201f14fd0878c08f3022339609c8c82279c6ee375a6

Section 633 of the Older Americans Act of 1965 (42 U.S.C. 3057n) is
amended to read as follows:
``SEC. 633. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this title--
``(1) for parts A and B, such sums as may be necessary for
fiscal year 2001, and such sums as may be necessary for subsequent
fiscal years; and
``(2) for part C, $5,000,000 for fiscal year 2001, and such
sums as may be necessary for subsequent fiscal years.''.

966cfb80cf93dd10d1418df07ddb16192cfd3e1023c984b2bb4735e9b6f90ef7

Title VI of the Older Americans Act of 1965 (42 U.S.C. 3057 et
seq.) is amended--
(1) by redesignating part C as part D;
(2) by redesignating sections 631 through 633 as sections 641
through 643, respectively;
(3) by inserting after part B the following:
``PART C--NATIVE AMERICAN CAREGIVER SUPPORT PROGRAM
``SEC. 631. PROGRAM.
``(a) In General.--The Assistant Secretary shall carry out a
program for making grants to tribal organizations with applications
approved under parts A and B, to pay for the Federal share of carrying
out tribal programs, to enable the tribal organizations to provide
multifaceted systems of the support services described in section 373
for caregivers described in section 373.
``(b) Requirements.--In providing services under subsection (a), a
tribal organization shall meet the requirements specified for an area
agency on aging and for a State in the provisions of subsections (c),
(d), and (e) of section 373 and of section 374. For purposes of this
subsection, references in such provisions to a State program shall be
considered to be references to a tribal program under this part.''.

9439395239a6d8e50d7dd72472ef91fdfb750b6734b1106c1927cc158f1700bb

Section 702 of the Older Americans Act of 1965 (42 U.S.C. 3058a) is
amended to read as follows:
``SEC. 702. AUTHORIZATION OF APPROPRIATIONS.
``(a) Ombudsman Program.--There are authorized to be appropriated
to carry out chapter 2, such sums as may be necessary for fiscal year
2001, and such sums as may be necessary for subsequent fiscal years.
``(b) Prevention of Elder Abuse, Neglect, and Exploitation.--There
are authorized to be appropriated to carry out chapter 3, such sums as
may be necessary for fiscal year 2001, and such sums as may be
necessary for subsequent fiscal years.
``(c) Legal Assistance Development Program.--There are authorized
to be appropriated to carry out chapter 4, such sums as may be
necessary for fiscal year 2001, and such sums as may be necessary for
subsequent fiscal years.''.

e7d95fe0d4fac83ad822a94e13105da58d466ae4baa2a76f40b8f653b02eb328

TITLE VII

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

Section 703(a)(2)(C) of the Older Americans Act of 1965 (42 U.S.C.
3058b(a)(2)(C)) is amended by striking ``1991'' each place it appears
and inserting ``2000''.

2baf4446d9666ee4894bd782e57388bff8b13de6936eecc68c162f130a8bc48b

Section 705(a) of the Older Americans Act of 1965 (42 U.S.C.
3058d(a)) is amended--
(1) in paragraph (4), by inserting ``each of'' after ``carry
out'';
(2) in paragraph (6)(C)(iii), by striking the semicolon and
inserting ``; and'';
(3) by striking paragraph (7);
(4) by redesignating paragraph (8) as paragraph (7); and
(5) in paragraph (7) (as redesignated by paragraph (3)), by
striking ``paragraphs (1) through (7)'' and inserting ``paragraphs
(1) through (6)''.

ffda8d8d80093356df31c297fa29ff94f163a53a4e9245af149efbb1505ed07e

Section 712 of the Older Americans Act of 1965 (42 U.S.C. 3058g) is
amended--
(1) in subsection (a), in paragraph (5)(C)(ii), by inserting
``and not stand to gain financially through an action or potential
action brought on behalf of individuals the Ombudsman serves''
after ``interest''; and
(2) in subsection (h)--
(A) in paragraph (4)--
(i) in subparagraph (A)--
(I) by striking ``(A) not later than 1 year after
the date of enactment of this title, establish'' and
inserting ``strengthen and update''; and
(II) in clause (iii), by striking ``and'';
(ii) by striking subparagraph (B);
(iii) by redesignating clauses (i) through (iii) as
subparagraphs (A) through (C), respectively; and
(iv) by redesignating subclauses (I) through (III) as
clauses (i) through (iii), respectively;
(B) in paragraph (7), by striking ``; and'' and inserting a
semicolon;
(C) by redesignating paragraph (8) as paragraph (9); and
(D) by inserting after paragraph (7) the following:
``(8) coordinate services with State and local law enforcement
agencies and courts of competent jurisdiction; and''.

eb01fb65910b1c5a63a34e5aabd598dbe5983f3536dc20cedb87452a8a3bfa22

Section 721 of the Older Americans Act of 1965 (42 U.S.C. 3058i) is
amended--
(1) in subsection (b)--
(A) in the matter preceding paragraph (1), by inserting
``(including financial exploitation)'' after ``exploitation'';
(B) in paragraph (2), by inserting ``, State and local law
enforcement systems, and courts of competent jurisdiction''
after ``service program''; and
(C) in paragraph (5), by inserting ``including caregivers
described in part E of title III,'' after ``individuals,'';
(2) in subsection (d)(8)--
(A) by inserting ``State and local'' after ``consumer
protection and''; and
(B) by inserting ``, and services provided by agencies and
courts of competent jurisdiction'' before the period; and
(3) by adding at the end the following:
``(g) Study and Report.--
``(1) Study.--The Secretary, in consultation with the
Department of the Treasury and the Attorney General of the United
States, State attorneys general, and tribal and local prosecutors,
shall conduct a study of the nature and extent of financial
exploitation of older individuals. The purpose of this study would
be to define and describe the scope of the problem of financial
exploitation of the elderly and to provide an estimate of the
number and type of financial transactions considered to constitute
financial exploitation faced by older individuals. The study shall
also examine the adequacy of current Federal and State legal
protections to prevent such exploitation.
``(2) Report.--Not later than 18 months after the date of the
enactment of the Older Americans Act Amendments of 2000, the
Secretary shall submit to Congress a report, which shall include--
``(A) the results of the study conducted under this
subsection; and
``(B) recommendations for future actions to combat the
financial exploitation of older individuals.''.

dabe1ae097b0b5e5b835bc2bfff72f0c8a52553198e84081fde6fb0a7fbfdf4d

Subtitle A of title VII of the Older Americans Act of 1965 (42
U.S.C 3058 et seq.) is amended by repealing chapters 4 and 5 and
inserting the following:
``CHAPTER 4--STATE LEGAL ASSISTANCE DEVELOPMENT PROGRAM
``SEC. 731. STATE LEGAL ASSISTANCE DEVELOPMENT.
``A State agency shall provide the services of an individual who
shall be known as a State legal assistance developer, and the services
of other personnel, sufficient to ensure--
``(1) State leadership in securing and maintaining the legal
rights of older individuals;
``(2) State capacity for coordinating the provision of legal
assistance;
``(3) State capacity to provide technical assistance, training,
and other supportive functions to area agencies on aging, legal
assistance providers, ombudsmen, and other persons, as appropriate;
``(4) State capacity to promote financial management services
to older individuals at risk of conservatorship;
``(5) State capacity to assist older individuals in
understanding their rights, exercising choices, benefiting from
services and opportunities authorized by law, and maintaining the
rights of older individuals at risk of guardianship; and
``(6) State capacity to improve the quality and quantity of
legal services provided to older individuals.''.

871d3298829bcc2ee9d754bdaabcda6b3e7f5e353a8bd835af0370ed3b1591ee

Section 751(d) of the Older Americans Act of 1965 (42 U.S.C.
3058aa(d)) is amended to read as follows:
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for fiscal year 2001, and such sums as may be necessary for subsequent
fiscal years.''.

6100cfd23ab886084969d2607e6ae8a06ad87c597ce11ed939d1f1ce65d708c8

(a) Title I.--Section 102(34)(C) of the Older Americans Act of 1965
(42 U.S.C. 3002(34)(C)) is amended by striking ``307(a)(12)'' and
inserting ``307(a)(9)''.
(b) Title II.--
(1) Section 201(d)(3) of the Older Americans Act of 1965 (42
U.S.C. 3011(d)(3)) is amended--
(A) in subparagraph (C)(ii), by striking ``307(a)(12)'' and
inserting ``307(a)(9)''; and
(B) in subparagraph (J), by striking ``307(a)(12)'' and
inserting ``307(a)(9)''.
(2) Section 202 of the Older Americans Act of 1965 (42 U.S.C.
3012) is amended--
(A) in subsection (a)--
(i) in paragraph (19)(C), by striking ``paragraphs (2)
and (5)(A) of section 306(a)'' and inserting ``paragraphs
(2) and (4)(A) of section 306(a)''; and
(ii) in paragraph (26), by striking ``sections
307(a)(18) and 731(b)(2)'' and inserting ``section
307(a)(13) and section 731'';
(B) in subsection (c)--
(i) in paragraph (1), by striking ``(c)(1)'' and
inserting ``(c)''; and
(ii) by striking paragraph (2); and
(C) in subsection (e)(1)(A)--
(i) by striking clause (i) and inserting the following:
``(i) provide information about grants and projects under
title IV;''; and
(ii) in clause (iv), by striking ``, and the
information provided by the Resource Centers on Native
American Elders under section 429E''.
(3) Section 205(a)(2)(A) of the Older Americans Act of 1965 (42
U.S.C. 3016(a)(2)(A)) is amended by striking ``subparts 1, 2, and
3'' and inserting ``subparts 1 and 2''.
(4) Section 207(a) of the Older Americans Act of 1965 (42
U.S.C. 3018(a)) is amended--
(A) by striking paragraph (3); and
(B) by redesignating paragraphs (4) and (5) as paragraphs
(3) and (4), respectively.
(5) Section 214 of the Older Americans Act of 1965 (42 U.S.C.
3020e) is amended by striking ``307(a)(13)(J)'' and inserting
``339(2)(J)''.
(c) Title III.--
(1) Section 301(c) of the Older Americans Act of 1965 (42
U.S.C. 3021(c)) is amended by striking ``307(a)(12)'' and inserting
``307(a)(9)''.
(2) Section 304 of the Older Americans Act of 1965 (42 U.S.C.
3024) is amended--
(A) in subsection (d)(1)(B), by striking ``307(a)(12)'' and
inserting ``307(a)(9)''; and
(B) by striking subsection (e).
(3) Section 305(a)(2)(F) of the Older Americans Act of 1965 (42
U.S.C. 3025(a)(2)(F)) is amended by striking ``307(a)(24)'' and
inserting ``307(a)(16)''.
(4) Section 307 of the Older Americans Act of 1965 (42 U.S.C.
3027) is amended--
(A) in subsection (a), in paragraph (22) (as redesignated
by section 305(19)), by striking ``306(a)(20)'' and inserting
``306(a)(8)''; and
(B) in subsection (f)--
(i) in paragraph (1), by striking ``(f)(1)'' and
inserting ``(f)''; and
(ii) by striking paragraph (2).
(5) Section 321(a)(15) of the Older Americans Act of 1965 (42
U.S.C. 3030d(a)(15)) is amended by striking ``section 307(a)(16)''
and inserting ``section 307(a)(12)''.
(d) Title VI.--Section 614(a) of the Older Americans Act of 1965
(42 U.S.C. 3057e(a)) is amended--
(1) by striking paragraph (9); and
(2) by redesignating paragraphs (10) through (12) as paragraphs
(9) through (11), respectively.
(e) Title VII.--
(1) Section 703(a)(2)(C) of the Older Americans Act of 1965 (42
U.S.C. 3058b(a)(2)(C)) is amended--
(A) in clause (i), by striking ``section 702(a)'' and
inserting ``section 702 and made available to carry out chapter
2''; and
(B) in clause (ii), by striking ``section 702(b)'' and
inserting ``section 702 and made available to carry out chapter
3''.
(2) Section 712(a)(1) of the Older Americans Act of 1965 (42
U.S.C. 3058g(a)(1)) is amended by striking ``section 702(a)'' and
inserting ``section 702 and made available to carry out this
chapter''.
(3) Section 721(a) of the Older Americans Act of 1965 (42
U.S.C. 3058i(a)) is amended by striking ``section 702(b)'' and
inserting ``section 702 and made available to carry out this
chapter''.
(4) Section 761(2) of the Older Americans Act of 1965 (42
U.S.C. 3058bb(2)) is amended by striking ``chapter 2, 3, 4, or 5 of
this title'' and inserting ``subtitle A''.
(5) Section 762 of the Older Americans Act of 1965 (42 U.S.C.
3058cc) is amended, in the matter preceding paragraph (1), by
striking ``or an entity described in section 751(c)''.
(6) Section 764(b) of the Older Americans Act of 1965 (42
U.S.C. 3058ee(b)) is amended by striking ``, area agencies on
aging, and entities described in section 751(c)'' and inserting
``and area agencies on aging''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

Older Americans Program Authorization bill — HR. 782

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