Older
Americans Act
Full Text of Older Americans Act Amendments of 2000 (amendments
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Older Americans Act Amendments of 2000
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,
Section 1. Short Title.
This Act may be cited as the `Older Americans Act Amendments of 2000'.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 2. Table of contents.
TITLE I--AMENDMENT TO TITLE I OF THE OLDER AMERICANS ACT OF 1965
TITLE II--AMENDMENTS TO TITLE II OF THE OLDER AMERICANS ACT OF 1965 AND THE OLDER AMERICANS ACT AMENDMENTS OF 1987
Subtitle A--Amendments to Title II of the Older Americans Act of 1965
Sec. 201. Functions of Assistant Secretary.
Sec. 202. Federal agency consultation.
Sec. 205. Authorization of appropriations.
Subtitle B--Amendments to the Older Americans Act Amendments of 1987
Sec. 211. White House Conference.
TITLE III--AMENDMENTS TO TITLE III OF THE OLDER AMERICANS ACT OF 1965
Sec. 302. Authorization of appropriations.
Sec. 303. Allotment; Federal share.
Sec. 307. Planning, coordination, evaluation, and administration of State plans.
Sec. 308. Availability of disaster relief funds to tribal organizations.
Sec. 309. Nutrition services incentive program.
Sec. 310. Consumer contributions and waivers.
Sec. 311. Supportive services and senior centers.
Sec. 312. Nutrition services.
Sec. 313. Nutrition requirements.
Sec. 314. In-home services and additional assistance.
Sec. 316. National Family Caregiver Support program.
TITLE IV--TRAINING, RESEARCH, AND DISCRETIONARY PROJECTS AND PROGRAMS
Sec. 401. Projects and programs.
TITLE V--AMENDMENT TO TITLE V OF THE OLDER AMERICANS ACT OF 1965
Sec. 501. Amendment to title V of the Older Americans Act of 1965.
TITLE VI--AMENDMENTS TO TITLE VI OF THE OLDER AMERICANS ACT OF 1965
Sec. 603. Authorization of appropriations.
Sec. 604. General provisions.
TITLE VII--AMENDMENTS TO TITLE VII OF THE OLDER AMERICANS ACT OF 1965
Sec. 701. Authorization of appropriations.
Sec. 703. Additional State plan requirements.
Sec. 704. State long-term care ombudsman program.
Sec. 705. Prevention of elder abuse, neglect, and exploitation.
Sec. 706. Assistance programs.
Sec. 707. Native American programs.
TITLE VIII--TECHNICAL AND CONFORMING AMENDMENTS
Sec. 801. Technical and conforming amendments.
TITLE I--AMENDMENT TO TITLE I OF THE OLDER AMERICANS ACT OF 1965
SEC. 101. DEFINITIONS.
Section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002) is amended--
(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;
`(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).'.
TITLE II--AMENDMENTS TO TITLE II OF THE OLDER AMERICANS ACT OF 1965 AND THE OLDER AMERICANS ACT AMENDMENTS OF 1987
Subtitle A--Amendments to Title II of the Older Americans Act of 1965
SEC. 201. FUNCTIONS OF ASSISTANT SECRETARY.
Section 202 of the Older Americans Act of 1965 (42 U.S.C. 3012) is amended--
(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.'.
SEC. 202. FEDERAL AGENCY CONSULTATION.
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.'.
SEC. 203. EVALUATION.
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).
SEC. 204. REPORTS.
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.
SEC. 205. AUTHORIZATION OF APPROPRIATIONS.
Section 216 of the Older Americans Act of 1965 (42 U.S.C. 3020f) (as redesignated by section 202) is amended--
(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
SEC. 211. WHITE HOUSE CONFERENCE.
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))--
(i) by striking paragraph (3); and
(ii) by redesignating paragraphs (4), (5), and (6) as paragraphs (3), (4), and (5), respectively;
(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.';
(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
(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'.
TITLE III--AMENDMENTS TO TITLE III OF THE OLDER AMERICANS ACT OF 1965
SEC. 301. PURPOSE.
Section 301 of the Older Americans Act of 1965 (42 U.S.C. 3021) is amended by adding at the end the following:
`(d)(1) Any funds received under an allotment as described in section 304(a), or funds contributed toward the non-Federal share under section 304(d), shall be used only for activities and services to benefit older individuals and other individuals as specifically provided for in this title.
`(2) No provision of this title shall be construed as prohibiting a State agency or area agency on aging from providing services by using funds from sources not described in paragraph (1).'.
SEC. 302. AUTHORIZATION OF APPROPRIATIONS.
Section 303 of the Older Americans Act of 1965 (42 U.S.C 3023) is amended--
(1) by striking subsection (a)(1) and inserting the following:
`(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.'.
SEC. 303. ALLOTMENT; FEDERAL SHARE.
(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,'.
SEC. 304. ORGANIZATION.
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
(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'.
SEC. 305. AREA PLANS.
(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;
(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;';
(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).
SEC. 306. STATE PLANS.
Section 307(a) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)) is amended--
(1) by striking paragraphs (1) through (5) and inserting the following:
`(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).
`(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:
`(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.'.
SEC. 307. PLANNING, COORDINATION, EVALUATION, AND ADMINISTRATION OF STATE PLANS.
Section 308(b) of the Older Americans Act of 1965 (42 U.S.C. 3028(b)) is amended--
(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.'.
SEC. 308. AVAILABILITY OF DISASTER RELIEF FUNDS TO TRIBAL ORGANIZATIONS.
Section 310 of the Older Americans Act of 1965 (42 U.S.C. 3030) is amended--
(i) by inserting `(or to any tribal organization receiving a grant under title VI)' after `any State'; and
(ii) by inserting `(or funds used by such tribal organization)' before `for the delivery of supportive services';
(B) in paragraph (2), by inserting `and such tribal organizations' after `States'; and
(C) in paragraph (3), by inserting `or such tribal organization' after `State' each place it appears; and
(2) in subsections (b)(1) and (c), by inserting `and such tribal organizations' after `States'.
SEC. 309. NUTRITION SERVICES INCENTIVE PROGRAM.
Section 311 of the Older Americans Act of 1965 (42 U.S.C. 3030a) is amended--
(1) in the section heading, by striking `AVAILABILITY OF SURPLUS COMMODITIES' and inserting `NUTRITION SERVICES INCENTIVE PROGRAM';
(2) by redesignating subsections (a), (b), (c), and (d) as subsections (c), (d), (e), and (f), respectively;
(3) by inserting before subsection (c) (as redesignated by paragraph (2)) the following:
`(a) The purpose of this section is to provide incentives to encourage and reward effective performance by States and tribal organizations in the efficient delivery of nutritious meals to older individuals.
`(b)(1) The Secretary of 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.'.
SEC. 310. CONSUMER CONTRIBUTIONS AND WAIVERS.
Part A of title III (42 U.S.C. 3021 et seq.) is amended by adding at the end the following:
`SEC. 315. CONSUMER CONTRIBUTIONS.
`(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.
`(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.'.
SEC. 311. SUPPORTIVE SERVICES AND SENIOR CENTERS.
Section 321 of the Older Americans Act of 1965 (42 U.S.C. 3030d) is amended--
(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).'.
SEC. 312. NUTRITION SERVICES.
(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.
SEC. 313. NUTRITION REQUIREMENTS.
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.'.
SEC. 314. IN-HOME SERVICES AND ADDITIONAL ASSISTANCE.
Title III of the Older Americans Act of 1965 (42 U.S.C. 3021 et seq.) is amended--
(1) by repealing parts D and E; and
(2) by redesignating part F as part D.
SEC. 315. DEFINITION.
Section 363 of the Older Americans Act of 1965 (42 U.S.C. 3030o) is repealed.
SEC. 316. NATIONAL FAMILY CAREGIVER SUPPORT PROGRAM.
Title III of the Older Americans Act of 1965 (42 U.S.C. 3021 et seq.) is amended--
(1) by repealing part G; and
(2) by inserting after part D (as redesignated by section 313(2)) the following:
`PART E--NATIONAL FAMILY CAREGIVER SUPPORT PROGRAM
`SEC. 371. SHORT TITLE.
`This part may be cited as the `National Family Caregiver Support Act'.
`Subpart 1--Caregiver Support Program
`SEC. 372. DEFINITIONS.
`(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-
`(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.
`(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 und
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