[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6197 Enrolled Bill (ENR)]
H.R.6197
One Hundred Ninth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and six
An Act
To amend the Older Americans Act of 1965 to authorize appropriations for
fiscal years 2007 through 2011, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Older Americans
Act Amendments of 2006''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--GENERAL PROVISION
Sec. 101. Definitions.
TITLE II--ADMINISTRATION ON AGING
Sec. 201. Elder abuse prevention and services.
Sec. 202. Functions of the Assistant Secretary.
Sec. 203. Federal agency consultation.
Sec. 204. Administration.
Sec. 205. Evaluation.
Sec. 206. Reports.
Sec. 207. Contracting and grant authority; private pay relationships;
appropriate use of funds.
Sec. 208. Nutrition education.
Sec. 209. Pension counseling and information programs.
Sec. 210. Authorization of appropriations.
TITLE III--GRANTS FOR STATE AND COMMUNITY PROGRAMS ON AGING
Sec. 301. Purpose; administration.
Sec. 302. Definitions.
Sec. 303. Authorization of appropriations; uses of funds.
Sec. 304. Allotments.
Sec. 305. Organization.
Sec. 306. Area plans.
Sec. 307. State plans.
Sec. 308. Payments.
Sec. 309. Nutrition services incentive program.
Sec. 310. Consumer contributions.
Sec. 311. Supportive services and senior centers.
Sec. 312. Nutrition service.
Sec. 313. Congregate nutrition program.
Sec. 314. Home delivered nutrition services.
Sec. 315. Criteria.
Sec. 316. Nutrition.
Sec. 317. Study of nutrition projects.
Sec. 318. Sense of Congress recognizing the contribution of nutrition to
the health of older adults.
Sec. 319. Improving indoor air quality in buildings where older
individuals congregate.
Sec. 320. Caregiver support program definitions.
Sec. 321. Caregiver support program.
Sec. 322. National innovation.
TITLE IV--ACTIVITIES FOR HEALTH, INDEPENDENCE, AND LONGEVITY
Sec. 401. Title.
Sec. 402. Grant programs.
Sec. 403. Career preparation for the field of aging.
Sec. 404. Health care service demonstration projects in rural areas.
Sec. 405. Technical assistance and innovation to improve transportation
for older individuals.
Sec. 406. Demonstration, support, and research projects for
multigenerational activities and civic engagement activities.
Sec. 407. Native American programs.
Sec. 408. Multidisciplinary centers and multidisciplinary systems.
Sec. 409. Community innovations for aging in place.
Sec. 410. Responsibilities of Assistant Secretary.
TITLE V--OLDER AMERICAN COMMUNITY SERVICE EMPLOYMENT PROGRAM
Sec. 501. Community Service Senior Opportunities Act.
Sec. 502. Effective date.
TITLE VI--NATIVE AMERICANS
Sec. 601. Clarification of maintenance requirement.
Sec. 602. Native Americans caregiver support program.
TITLE VII--ALLOTMENTS FOR VULNERABLE ELDER RIGHTS PROTECTION ACTIVITIES
Sec. 701. Vulnerable elder rights protection activities.
Sec. 702. Elder abuse, neglect, and exploitation.
Sec. 703. Native American organization provisions.
Sec. 704. Elder justice programs.
Sec. 705. Rule of construction.
TITLE VIII--FEDERAL YOUTH DEVELOPMENT COUNCIL
Sec. 801. Short title.
Sec. 802. Establishment and membership.
Sec. 803. Duties of the Council.
Sec. 804. Coordination with existing interagency coordination entities.
Sec. 805. Assistance of staff.
Sec. 806. Powers of the Council.
Sec. 807. Report.
Sec. 808. Termination.
Sec. 809. Authorization of appropriations.
TITLE IX--CONFORMING AMENDMENTS
Sec. 901. Conforming amendments to other Acts.
TITLE I--GENERAL PROVISION
SEC. 101. DEFINITIONS.
(a) In General.--Section 102 of the Older Americans Act of 1965 (42
U.S.C. 3002) is amended--
(1) by striking paragraph (10) and inserting the following:
``(10)(A) The term `assistive device' includes an assistive
technology device.
``(B) The terms `assistive technology', `assistive technology
device', and `assistive technology service' have the meanings given
such terms in section 3 of the Assistive Technology Act of 1998 (29
U.S.C. 3002).'';
(2) by striking paragraph (12)(D) and inserting the following:
``(D) evidence-based health promotion programs, including
programs related to the prevention and mitigation of the
effects of chronic disease (including osteoporosis,
hypertension, obesity, diabetes, and cardiovascular disease),
alcohol and substance abuse reduction, smoking cessation,
weight loss and control, stress management, falls prevention,
physical activity, and improved nutrition;'';
(3) by striking paragraph (24) and inserting the following:
``(24)(A) The term `exploitation' means the fraudulent or
otherwise illegal, unauthorized, or improper act or process of an
individual, including a caregiver or fiduciary, that uses the
resources of an older individual for monetary or personal benefit,
profit, or gain, or that results in depriving an older individual
of rightful access to, or use of, benefits, resources, belongings,
or assets.
``(B) In subparagraph (A), the term `caregiver' means an
individual who has the responsibility for the care of an older
individual, either voluntarily, by contract, by receipt of payment
for care, or as a result of the operation of law and means a family
member or other individual who provides (on behalf of such
individual or of a public or private agency, organization, or
institution) compensated or uncompensated care to an older
individual.'';
(4) in paragraph (29)(E)--
(A) in clause (i), by striking ``and'' at the end;
(B) in clause (ii), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(iii) older individuals at risk for institutional
placement.'';
(5) in paragraph (32)(D), by inserting ``, including an
assisted living facility,'' after ``home'';
(6) by striking paragraph (34) and inserting the following:
``(34) The term `neglect' means--
``(A) the failure of a caregiver (as defined in paragraph
(18)(B)) or fiduciary to provide the goods or services that are
necessary to maintain the health or safety of an older
individual; or
``(B) self-neglect.''; and
(7) by adding at the end the following:
``(44) The term `Aging and Disability Resource Center' means an
entity established by a State as part of the State system of long-
term care, to provide a coordinated system for providing--
``(A) comprehensive information on the full range of
available public and private long-term care programs, options,
service providers, and resources within a community, including
information on the availability of integrated long-term care;
``(B) personal counseling to assist individuals in
assessing their existing or anticipated long-term care needs,
and developing and implementing a plan for long-term care
designed to meet their specific needs and circumstances; and
``(C) consumers access to the range of publicly-supported
long-term care programs for which consumers may be eligible, by
serving as a convenient point of entry for such programs.
``(45) The term `at risk for institutional placement' means,
with respect to an older individual, that such individual is unable
to perform at least 2 activities of daily living without
substantial assistance (including verbal reminding, physical cuing,
or supervision) and is determined by the State involved to be in
need of placement in a long-term care facility.
``(46) The term `civic engagement' means an individual or
collective action designed to address a public concern or an unmet
human, educational, health care, environmental, or public safety
need.
``(47) The term `elder justice'--
``(A) used with respect to older individuals, collectively,
means efforts to prevent, detect, treat, intervene in, and
respond to elder abuse, neglect, and exploitation and to
protect older individuals with diminished capacity while
maximizing their autonomy; and
``(B) used with respect to an individual who is an older
individual, means the recognition of the individual's rights,
including the right to be free of abuse, neglect, and
exploitation.
``(48) The term `fiduciary'--
``(A) means a person or entity with the legal
responsibility--
``(i) to make decisions on behalf of and for the
benefit of another person; and
``(ii) to act in good faith and with fairness; and
``(B) includes a trustee, a guardian, a conservator, an
executor, an agent under a financial power of attorney or
health care power of attorney, or a representative payee.
``(49) The term `Hispanic-serving institution' has the meaning
given the term in section 502 of the Higher Education Act of 1965
(20 U.S.C. 1101a).
``(50) The term `long-term care' means any service, care, or
item (including an assistive device), including a disease
prevention and health promotion service, an in-home service, and a
case management service--
``(A) intended to assist individuals in coping with, and to
the extent practicable compensate for, a functional impairment
in carrying out activities of daily living;
``(B) furnished at home, in a community care setting
(including a small community care setting as defined in
subsection (g)(1), and a large community care setting as
defined in subsection (h)(1), of section 1929 of the Social
Security Act (42 U.S.C. 1396t)), or in a long-term care
facility; and
``(C) not furnished to prevent, diagnose, treat, or cure a
medical disease or condition.
``(51) The term `self-directed care' means an approach to
providing services (including programs, benefits, supports, and
technology) under this Act intended to assist an individual with
activities of daily living, in which--
``(A) such services (including the amount, duration, scope,
provider, and location of such services) are planned, budgeted,
and purchased under the direction and control of such
individual;
``(B) such individual is provided with such information and
assistance as are necessary and appropriate to enable such
individual to make informed decisions about the individual's
care options;
``(C) the needs, capabilities, and preferences of such
individual with respect to such services, and such individual's
ability to direct and control the individual's receipt of such
services, are assessed by the area agency on aging (or other
agency designated by the area agency on aging) involved;
``(D) based on the assessment made under subparagraph (C),
the area agency on aging (or other agency designated by the
area agency on aging) develops together with such individual
and the individual's family, caregiver (as defined in paragraph
(18)(B)), or legal representative--
``(i) a plan of services for such individual that
specifies which services such individual will be
responsible for directing;
``(ii) a determination of the role of family members
(and others whose participation is sought by such
individual) in providing services under such plan; and
``(iii) a budget for such services; and
``(E) the area agency on aging or State agency provides for
oversight of such individual's self-directed receipt of
services, including steps to ensure the quality of services
provided and the appropriate use of funds under this Act.
``(52) The term `self-neglect' means an adult's inability, due
to physical or mental impairment or diminished capacity, to perform
essential self-care tasks including--
``(A) obtaining essential food, clothing, shelter, and
medical care;
``(B) obtaining goods and services necessary to maintain
physical health, mental health, or general safety; or
``(C) managing one's own financial affairs.
``(53) The term `State system of long-term care' means the
Federal, State, and local programs and activities administered by a
State that provide, support, or facilitate access to long-term care
for individuals in such State.
``(54) The term `integrated long-term care'--
``(A) means items and services that consist of--
``(i) with respect to long-term care--
``(I) long-term care items or services provided
under a State plan for medical assistance under the
Medicaid program established under title XIX of the
Social Security Act (42 U.S.C. 1396 et seq.), including
nursing facility services, home and community-based
services, personal care services, and case management
services provided under the plan; and
``(II) any other supports, items, or services that
are available under any federally funded long-term care
program; and
``(ii) with respect to other health care, items and
services covered under--
``(I) the Medicare program established under title
XVIII of the Social Security Act (42 U.S.C. 1395 et
seq.);
``(II) the State plan for medical assistance under
the Medicaid program; or
``(III) any other federally funded health care
program; and
``(B) includes items or services described in subparagraph
(A) that are provided under a public or private managed care
plan or through any other service provider.''.
(b) Redesignation and Reordering of Definitions.--Section 102 of
the Older Americans Act of 1965 (42 U.S.C. 3002) is amended--
(1) by redesignating paragraphs (1) through (54) as paragraphs
(45), (7), (50), (39), (26), (27), (54), (13), (48), (8), (29),
(14), (1), (2), (3), (5), (6), (10), (30), (37), (11), (15), (16),
(18), (21), (22), (23), (24), (28), (31), (33), (35), (36), (38),
(40), (41), (42), (43), (44), (51), (53), (19), (49), (4), (9),
(12), (17), (20), (25), (34), (46), (47), (52), and (32),
respectively; and
(2) so that paragraphs (1) through (54), as so redesignated in
paragraph (1), appear in numerical order.
TITLE II--ADMINISTRATION ON AGING
SEC. 201. ELDER ABUSE PREVENTION AND SERVICES.
Section 201 of the Older Americans Act of 1965 (42 U.S.C. 3011) is
amended by adding at the end the following:
``(e)(1) The Assistant Secretary is authorized to designate within
the Administration a person to have responsibility for elder abuse
prevention and services.
``(2) It shall be the duty of the Assistant Secretary, acting
through the person designated to have responsibility for elder abuse
prevention and services--
``(A) to develop objectives, priorities, policy, and a long-
term plan for--
``(i) facilitating the development, implementation, and
continuous improvement of a coordinated, multidisciplinary
elder justice system in the United States;
``(ii) providing Federal leadership to support State
efforts in carrying out elder justice programs and activities
relating to--
``(I) elder abuse prevention, detection, treatment,
intervention, and response;
``(II) training of individuals regarding the matters
described in subclause (I); and
``(III) the development of a State comprehensive elder
justice system, as defined in section 752(b);
``(iii) establishing Federal guidelines and disseminating
best practices for uniform data collection and reporting by
States;
``(iv) working with States, the Department of Justice, and
other Federal entities to annually collect, maintain, and
disseminate data relating to elder abuse, neglect, and
exploitation, to the extent practicable;
``(v) establishing an information clearinghouse to collect,
maintain, and disseminate information concerning best practices
and resources for training, technical assistance, and other
activities to assist States and communities to carry out
evidence-based programs to prevent and address elder abuse,
neglect, and exploitation;
``(vi) conducting research related to elder abuse, neglect,
and exploitation;
``(vii) providing technical assistance to States and other
eligible entities that provide or fund the provision of the
services described in title VII;
``(viii) carrying out a study to determine the national
incidence and prevalence of elder abuse, neglect, and
exploitation in all settings; and
``(ix) promoting collaborative efforts and diminishing
duplicative efforts in the development and carrying out of
elder justice programs at the Federal, State and local levels;
and
``(B) to assist States and other eligible entities under title
VII to develop strategic plans to better coordinate elder justice
activities, research, and training.
``(3) The Secretary, acting through the Assistant Secretary, may
issue such regulations as may be necessary to carry out this subsection
and section 752.
``(f)(1) The Assistant Secretary may designate an officer or
employee who shall be responsible for the administration of mental
health services authorized under this Act.
``(2) It shall be the duty of the Assistant Secretary, acting
through the individual designated under paragraph (1), to develop
objectives, priorities, and a long-term plan for supporting State and
local efforts involving education about and prevention, detection, and
treatment of mental disorders, including age-related dementia,
depression, and Alzheimer's disease and related neurological disorders
with neurological and organic brain dysfunction.''.
SEC. 202. FUNCTIONS OF THE ASSISTANT SECRETARY.
Section 202 of the Older Americans Act of 1965 (42 U.S.C. 3012) is
amended--
(1) in subsection (a)--
(A) in paragraph (5), by inserting ``assistive
technology,'' after ``housing,'';
(B) by striking paragraph (12) and inserting the following:
``(12)(A) consult and coordinate activities with the
Administrator of the Centers for Medicare & Medicaid Services and
the heads of other Federal entities to implement and build
awareness of programs providing benefits affecting older
individuals; and
``(B) carry on a continuing evaluation of the programs and
activities related to the objectives of this Act, with particular
attention to the impact of the programs and activities carried out
under--
``(i) titles XVIII and XIX of the Social Security Act (42
U.S.C. 1395 et seq., 1396 et seq.);
``(ii) the Age Discrimination in Employment Act of 1967 (29
U.S.C. 621 et seq.); and
``(iii) the National Housing Act (12 U.S.C. 1701 et seq.)
relating to housing for older individuals and the setting of
standards for the licensing of nursing homes, intermediate care
homes, and other facilities providing care for such
individuals;'';
(C) by striking paragraph (20) and inserting the following:
``(20)(A) encourage, and provide technical assistance to,
States, area agencies on aging, and service providers to carry out
outreach and benefits enrollment assistance to inform and enroll
older individuals with greatest economic need, who may be eligible
to participate, but who are not participating, in Federal and State
programs providing benefits for which the individuals are eligible,
including--
``(i) supplemental security income benefits under title XVI
of the Social Security Act (42 U.S.C. 1381 et seq.), or
assistance under a State plan program under such title;
``(ii) medical assistance under title XIX of such Act (42
U.S.C. 1396 et seq.);
``(iii) benefits under the Food Stamp Act of 1977 (7 U.S.C.
2011 et seq.); or
``(iv) benefits under any other applicable program; and
``(B) at the election of the Assistant Secretary and in
cooperation with related Federal agency partners administering the
Federal programs, make a grant to or enter into a contract with a
qualified, experienced entity to establish a National Center on
Senior Benefits Outreach and Enrollment, which shall--
``(i) maintain and update web-based decision support and
enrollment tools, and integrated, person-centered systems,
designed to inform older individuals about the full range of
benefits for which the individuals may be eligible under
Federal and State programs;
``(ii) utilize cost-effective strategies to find older
individuals with greatest economic need and enroll the
individuals in the programs;
``(iii) create and support efforts for Aging and Disability
Resource Centers, and other public and private State and
community-based organizations, including faith-based
organizations and coalitions, to serve as benefits enrollment
centers for the programs;
``(iv) develop and maintain an information clearinghouse on
best practices and cost-effective methods for finding and
enrolling older individuals with greatest economic need in the
programs for which the individuals are eligible; and
``(v) provide, in collaboration with related Federal agency
partners administering the Federal programs, training and
technical assistance on effective outreach, screening,
enrollment, and follow-up strategies;'';
(D) in paragraph (26)--
(i) in subsection (D)--
(I) by striking ``gaps in''; and
(II) by inserting ``(including services that would
permit such individuals to receive long-term care in
home and community-based settings)'' after
``individuals''; and
(ii) in subsection (E), by striking ``and'' at the end;
(E) in paragraph (27)--
(i) in subparagraph (B), by adding ``and'' at the end;
and
(ii) by striking subparagraph (D); and
(F) by adding at the end the following:
``(28) make available to States, area agencies on aging, and
service providers information and technical assistance to support
the provision of evidence-based disease prevention and health
promotion services.'';
(2) by striking subsections (b) and (c), and inserting the
following:
``(b) To promote the development and implementation of
comprehensive, coordinated systems at Federal, State, and local levels
that enable older individuals to receive long-term care in home and
community-based settings, in a manner responsive to the needs and
preferences of older individuals and their family caregivers, the
Assistant Secretary shall, consistent with the applicable provisions of
this title--
``(1) collaborate, coordinate, and consult with other Federal
entities responsible for formulating and implementing programs,
benefits, and services related to providing long-term care, and may
make grants, contracts, and cooperative agreements with funds
received from other Federal entities;
``(2) conduct research and demonstration projects to identify
innovative, cost-effective strategies for modifying State systems
of long-term care to--
``(A) respond to the needs and preferences of older
individuals and family caregivers; and
``(B) target services to individuals at risk for
institutional placement, to permit such individuals to remain
in home and community-based settings;
``(3) establish criteria for and promote the implementation
(through area agencies on aging, service providers, and such other
entities as the Assistant Secretary determines to be appropriate)
of evidence-based programs to assist older individuals and their
family caregivers in learning about and making behavioral changes
intended to reduce the risk of injury, disease, and disability
among older individuals;
``(4) facilitate, in coordination with the Administrator of the
Centers for Medicare & Medicaid Services, and other heads of
Federal entities as appropriate, the provision of long-term care in
home and community-based settings, including the provision of such
care through self-directed care models that--
``(A) provide for the assessment of the needs and
preferences of an individual at risk for institutional
placement to help such individual avoid unnecessary
institutional placement and depletion of income and assets to
qualify for benefits under the Medicaid program under title XIX
of the Social Security Act (42 U.S.C. 1396 et seq.);
``(B) respond to the needs and preferences of such
individual and provide the option--
``(i) for the individual to direct and control the
receipt of supportive services provided; or
``(ii) as appropriate, for a person who was appointed
by the individual, or is legally acting on the individual's
behalf, in order to represent or advise the individual in
financial or service coordination matters (referred to in
this paragraph as a `representative' of the individual), to
direct and control the receipt of those services; and
``(C) assist an older individual (or, as appropriate, a
representative of the individual) to develop a plan for long-
term support, including selecting, budgeting for, and
purchasing home and community-based long-term care and
supportive services;
``(5) provide for the Administration to play a lead role with
respect to issues concerning home and community-based long-term
care, including--
``(A) directing (as the Secretary or the President
determines to be appropriate) or otherwise participating in
departmental and interdepartmental activities concerning long-
term care;
``(B) reviewing and commenting on departmental rules,
regulations, and policies related to providing long-term care;
and
``(C) making recommendations to the Secretary with respect
to home and community-based long-term care, including
recommendations based on findings made through projects
conducted under paragraph (2);
``(6) promote, in coordination with other appropriate Federal
agencies--
``(A) enhanced awareness by the public of the importance of
planning in advance for long-term care; and
``(B) the availability of information and resources to
assist in such planning;
``(7) ensure access to, and the dissemination of, information
about all long-term care options and service providers, including
the availability of integrated long-term care;
``(8) implement in all States Aging and Disability Resource
Centers--
``(A) to serve as visible and trusted sources of
information on the full range of long-term care options,
including both institutional and home and community-based care,
which are available in the community;
``(B) to provide personalized and consumer-friendly
assistance to empower individuals to make informed decisions
about their care options;
``(C) to provide coordinated and streamlined access to all
publicly supported long-term care options so that consumers can
obtain the care they need through a single intake, assessment,
and eligibility determination process;
``(D) to help individuals to plan ahead for their future
long-term care needs; and
``(E) to assist (in coordination with the entities carrying
out the health insurance information, counseling, and
assistance program (receiving funding under section 4360 of the
Omnibus Budget Reconciliation Act of 1990 (42 U.S.C. 1395b-4))
in the States) beneficiaries, and prospective beneficiaries,
under the Medicare program established under title XVIII of the
Social Security Act (42 U.S.C. 1395 et seq.) in understanding
and accessing prescription drug and preventative health
benefits under the provisions of, and amendments made by, the
Medicare Prescription Drug, Improvement, and Modernization Act
of 2003;
``(9) establish, either directly or through grants or
contracts, national technical assistance programs to assist State
agencies, area agencies on aging, and community-based service
providers funded under this Act in implementing--
``(A) home and community-based long-term care systems,
including evidence-based programs; and
``(B) evidence-based disease prevention and health
promotion services programs;
``(10) develop, in collaboration with the Administrator of the
Centers for Medicare & Medicaid Services, performance standards and
measures for use by States to determine the extent to which their
State systems of long-term care fulfill the objectives described in
this subsection; and
``(11) conduct such other activities as the Assistant Secretary
determines to be appropriate.
``(c) The Assistant Secretary, in consultation with the Chief
Executive Officer of the Corporation for National and Community
Service, shall--
``(1) encourage and permit volunteer groups (including
organizations carrying out national service programs and including
organizations of youth in secondary or postsecondary school) that
are active in supportive services and civic engagement to
participate and be involved individually or through representative
groups in supportive service and civic engagement programs or
activities to the maximum extent feasible;
``(2) develop a comprehensive strategy for utilizing older
individuals to address critical local needs of national concern,
including the engagement of older individuals in the activities of
public and nonprofit organizations such as community-based
organizations, including faith-based organizations; and
``(3) encourage other community capacity-building initiatives
involving older individuals, with particular attention to
initiatives that demonstrate effectiveness and cost savings in
meeting critical needs.''; and
(3) in subsection (e)(1)(A), by striking the semicolon at the
end and inserting a period.
SEC. 203. FEDERAL AGENCY CONSULTATION.
Section 203 of the Older Americans Act of 1965 (42 U.S.C. 3013) is
amended--
(1) in subsection (a)(3)(A)--
(A) by striking ``(with particular attention to low-income
minority older individuals and older individuals residing in
rural areas)'' and inserting ``(with particular attention to
low-income older individuals, including low-income minority
older individuals, older individuals with limited English
proficiency, and older individuals residing in rural areas)'';
and
(B) by striking ``section 507'' and inserting ``section
518'';
(2) in subsection (b)--
(A) in paragraph (17), by striking ``and'' at the end;
(B) in paragraph (18), by striking the period and inserting
``, and''; and
(C) by adding at the end the following:
``(19) sections 4 and 5 of the Assistive Technology Act of 1998
(29 U.S.C. 3003, 3004).''; and
(3) by adding at the end the following:
``(c)(1) The Secretary, in collaboration with the Federal officials
specified in paragraph (2), shall establish an Interagency Coordinating
Committee on Aging (referred to in this subsection as the `Committee')
focusing on the coordination of agencies with respect to aging issues.
``(2) The officials referred to in paragraph (1) shall include the
Secretary of Labor and the Secretary of Housing and Urban Development,
and may include, at the direction of the President, the Attorney
General, the Secretary of Transportation, the Secretary of the
Treasury, the Secretary of Agriculture, the Secretary of Homeland
Security, the Commissioner of Social Security, and such other Federal
officials as the President may direct. An official described in this
paragraph may appoint a designee to carry out the official's duties
under paragraph (1).
``(3) The Secretary of Health and Human Services shall serve as the
first chairperson of the Committee, for 1 term, and the Secretary of
Housing and Urban Development shall serve as the chairperson for the
following term. After that following term, the Committee shall select a
chairperson from among the members of the Committee, and any member may
serve as the chairperson. No member may serve as the chairperson for
more than 1 consecutive term.
``(4) For purposes of this subsection, a term shall be a period of
2 calendar years.
``(5) The Committee shall meet not less often than once each year.
``(6) The Committee shall--
``(A) share information with and establish an ongoing system to
improve coordination among Federal agencies with responsibility for
programs and services for older individuals and recommend
improvements to such system with an emphasis on--
``(i) improving access to programs and services for older
individuals;
``(ii) maximizing the impact of federally funded programs
and services for older individuals by increasing the
efficiency, effectiveness, and delivery of such programs and
services;
``(iii) planning and preparing for the impact of
demographic changes on programs and services for older
individuals; and
``(iv) reducing or eliminating areas of overlap and
duplication by Federal agencies in the provision and
accessibility of such programs and services;
``(B) identify, promote, and implement (as appropriate), best
practices and evidence-based program and service models to assist
older individuals in meeting their housing, health care, and other
supportive service needs, including--
``(i) consumer-directed care models for home and community-
based care and supportive services that link housing, health
care, and other supportive services and that facilitate aging
in place, enabling older individuals to remain in their homes
and communities as the individuals age; and
``(ii) innovations in technology applications (including
assistive technology devices and assistive technology services)
that give older individuals access to information on available
services or that help in providing services to older
individuals;
``(C) collect and disseminate information about older
individuals and the programs and services available to the
individuals to ensure that the individuals can access comprehensive
information;
``(D) work with the Federal Interagency Forum on Aging-Related
Statistics, the Bureau of the Census, and member agencies to ensure
the continued collection of data relating to the housing, health
care, and other supportive service needs of older individuals and
to support efforts to identify and address unmet data needs;
``(E) actively seek input from and consult with nongovernmental
experts and organizations, including public health interest and
research groups and foundations about the activities described in
subparagraphs (A) through (F);
``(F) identify any barriers and impediments, including barriers
and impediments in statutory and regulatory law, to the access and
use by older individuals of federally funded programs and services;
and
``(G) work with States to better provide housing, health care,
and other supportive services to older individuals by--
``(i) holding meetings with State agencies;
``(ii) providing ongoing technical assistance to States
about better meeting the needs of older individuals; and
``(iii) working with States to designate liaisons, from the
State agencies, to the Committee.
``(7) Not later than 90 days following the end of each term, the
Committee shall prepare and submit to the Committee on Financial
Services of the House of Representatives, the Committee on Education
and the Workforce of the House of Representatives, the Committee on
Energy and Commerce of the House of Representatives, the Committee on
Ways and Means of the House of Representatives, the Committee on
Banking, Housing, and Urban Affairs of the Senate, the Committee on
Health, Education, Labor, and Pensions of the Senate, and the Special
Committee on Aging of the Senate, a report that--
``(A) describes the activities and accomplishments of the
Committee in--
``(i) enhancing the overall coordination of federally
funded programs and services for older individuals; and
``(ii) meeting the requirements of paragraph (6);
``(B) incorporates an analysis from the head of each agency
that is a member of the interagency coordinating committee
established under paragraph (1) that describes the barriers and
impediments, including barriers and impediments in statutory and
regulatory law (as the chairperson of the Committee determines to
be appropriate), to the access and use by older individuals of
programs and services administered by such agency; and
``(C) makes such recommendations as the chairman determines to
be appropriate for actions to meet the needs described in paragraph
(6) and for coordinating programs and services designed to meet
those needs.
``(8) On the request of the Committee, any Federal Government
employee may be detailed to the Committee without reimbursement, and
such detail shall be without interruption or loss of civil service
status or privilege.''.
SEC. 204. ADMINISTRATION.
Section 205 of the Older Americans Act of 1965 (42 U.S.C. 3016) is
amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (C), by adding ``and'' at the end;
(ii) in subparagraph (D), by striking ``; and'' and
inserting a period; and
(iii) by striking subparagraph (E); and
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) by amending clause (i) to read as follows:
``(i) designing, implementing, and evaluating evidence-based
programs to support improved nutrition and regular physical
activity for older individuals;'';
(II) by amending clause (iii) to read as follows:
``(iii) conducting outreach and disseminating evidence-based
information to nutrition service providers about the benefits of
healthful diets and regular physical activity, including
information about the most current Dietary Guidelines for Americans
published under section 301 of the National Nutrition Monitoring
and Related Research Act of 1990 (7 U.S.C. 5341), the Food Guidance
System of the Department of Agriculture, and advances in nutrition
science;'';
(III) in clause (vii), by striking ``and'' at the
end; and
(IV) by striking clause (viii) and inserting the
following:
``(viii) disseminating guidance that describes strategies for
improving the nutritional quality of meals provided under title
III, including strategies for increasing the consumption of whole
grains, lowfat dairy products, fruits, and vegetables;
``(ix) developing and disseminating guidelines for conducting
nutrient analyses of meals provided under subparts 1 and 2 of part
C of title III, including guidelines for averaging key nutrients
over an appropriate period of time; and
``(x) providing technical assistance to the regional offices of
the Administration with respect to each duty described in clauses
(i) through (ix).''; and
(ii) by amending subparagraph (C)(i) to read as
follows:
``(i) have expertise in nutrition, energy balance, and meal
planning; and''.
SEC. 205. EVALUATION.
The first sentence of section 206(g) of the Older Americans Act of
1965 (42 U.S.C. 3017(g)) is amended to read as follows: ``From the
total amount appropriated for each fiscal year to carry out title III,
the Secretary may use such sums as may be necessary, but not to exceed
\1/2\ of 1 percent of such amount, for purposes of conducting
evaluations under this section, either directly or through grants or
contracts.''.
SEC. 206. REPORTS.
Section 207(b)(2) of the Older Americans Act of 1965 (42 U.S.C.
3018(b)(2)) is amended--
(1) in subparagraph (B), by striking ``Labor'' and inserting
``the Workforce''; and
(2) in subparagraph (C), by striking ``Labor and Human
Resources'' and inserting ``Health, Education, Labor, and
Pensions''.
SEC. 207. CONTRACTING AND GRANT AUTHORITY; PRIVATE PAY RELATIONSHIPS;
APPROPRIATE USE OF FUNDS.
Section 212 of the Older Americans Act of 1965 (42 U.S.C. 3020c) is
amended to read as follows:
``SEC. 212. CONTRACTING AND GRANT AUTHORITY; PRIVATE PAY RELATIONSHIPS;
APPROPRIATE USE OF FUNDS.
``(a) In General.--Subject to subsection (b), this Act shall not be
construed to prevent a recipient of a grant or a contract under this
Act (other than title V) from entering into an agreement with a
profitmaking organization for the recipient to provide services to
individuals or entities not otherwise receiving services under this
Act, provided that--
``(1) if funds provided under this Act to such recipient are
initially used by the recipient to pay part or all of a cost
incurred by the recipient in developing and carrying out such
agreement, such agreement guarantees that the cost is reimbursed to
the recipient;
``(2) if such agreement provides for the provision of 1 or more
services, of the type provided under this Act by or on behalf of
such recipient, to an individual or entity seeking to receive such
services--
``(A) the individuals and entities may only purchase such
services at their fair market rate;
``(B) all costs incurred by the recipient in providing such
services (and not otherwise reimbursed under paragraph (1)),
are reimbursed to such recipient; and
``(C) the recipient reports the rates for providing such
services under such agreement in accordance with subsection (c)
and the rates are consistent with the prevailing market rate
for provision of such services in the relevant geographic area
as determined by the State agency or area agency on aging (as
applicable); and
``(3) any amount of payment to the recipient under the
agreement that exceeds reimbursement under this subsection of the
recipient's costs is used to provide, or support the provision of,
services under this Act.
``(b) Ensuring Appropriate Use of Funds.--An agreement described in
subsection (a) may not--
``(1) be made without the prior approval of the State agency
(or, in the case of a grantee under title VI, without the prior
recommendation of the Director of the Office for American Indian,
Alaska Native, and Native Hawaiian Aging and the prior approval of
the Assistant Secretary), after timely submission of all relevant
documents related to the agreement including information on all
costs incurred;
``(2) directly or indirectly provide for, or have the effect
of, paying, reimbursing, subsidizing, or otherwise compensating an
individual or entity in an amount that exceeds the fair market
value of the services subject to such agreement;
``(3) result in the displacement of services otherwise
available to an older individual with greatest social need, an
older individual with greatest economic need, or an older
individual who is at risk for institutional placement; or
``(4) in any other way compromise, undermine, or be
inconsistent with the objective of serving the needs of older
individuals, as determined by the Assistant Secretary.
``(c) Monitoring and Reporting.--To ensure that any agreement
described in subsection (a) complies with the requirements of this
section and other applicable provisions of this Act, the Assistant
Secretary shall develop and implement uniform monitoring procedures and
reporting requirements consistent with the provisions of subparagraphs
(A) through (E) of section 306(a)(13) in consultation with the State
agencies and area agencies on aging. The Assistant Secretary shall
annually prepare and submit to the chairpersons and ranking members of
the appropriate committees of Congress a report analyzing all such
agreements, and the costs incurred and services provided under the
agreements. This report shall contain information on the number of the
agreements per State, summaries of all the agreements, and information
on the type of organizations participating in the agreements, types of
services provided under the agreements, and the net proceeds from, and
documentation of funds spent and reimbursed, under the agreements.
``(d) Timely Reimbursement.--All reimbursements made under this
section shall be made in a timely manner, according to standards
specified by the Assistant Secretary.
``(e) Cost.--In this section, the term `cost' means an expense,
including an administrative expense, incurred by a recipient in
developing or carrying out an agreement described in subsection (a),
whether the recipient contributed funds, staff time, or other plant,
equipment, or services to meet the expense.''.
SEC. 208. NUTRITION EDUCATION.
Section 214 of the Older Americans Act of 1965 (42 U.S.C. 3020e) is
amended to read as follows:
``SEC. 214. NUTRITION EDUCATION.
``The Assistant Secretary, in consultation with the Secretary of
Agriculture, shall conduct outreach and provide technical assistance to
agencies and organizations that serve older individuals to assist such
agencies and organizations to carry out integrated health promotion and
disease prevention programs that--
``(1) are designed for older individuals; and
``(2) include--
``(A) nutrition education;
``(B) physical activity; and
``(C) other activities to modify behavior and to improve
health literacy, including providing information on optimal
nutrient intake, through nutrition education and nutrition
assessment and counseling, in accordance with section
339(2)(J).''.
SEC. 209. PENSION COUNSELING AND INFORMATION PROGRAMS.
Section 215 of the Older Americans Act of 1965 (42 U.S.C. 3020e-1)
is amended--
(1) in subsection (e)(1)(J), by striking ``and low income
retirees'' and inserting ``, low-income retirees, and older
individuals with limited English proficiency'';
(2) in subsection (f), by striking paragraph (2) and inserting
the following:
``(2) The ability of the entity to perform effective outreach
to affected populations, particularly populations with limited
English proficiency and other populations that are identified as in
need of special outreach.''; and
(3) in subsection (h)(2), by inserting ``(including individuals
with limited English proficiency)'' after ``individuals''.
SEC. 210. AUTHORIZATION OF APPROPRIATIONS.
Section 216 of the Older Americans Act of 1965 (42 U.S.C. 3020f) is
amended--
(1) in subsection (a), by striking ``2001, 2002, 2003, 2004,
and 2005'' and inserting ``2007, 2008, 2009, 2010, and 2011.''; and
(2) in subsections (b) and (c), by striking ``year'' and all
that follows through ``years'', and inserting ``years 2007, 2008,
2009, 2010, and 2011''.
TITLE III--GRANTS FOR STATE AND COMMUNITY PROGRAMS ON AGING
SEC. 301. PURPOSE; ADMINISTRATION.
Section 301(a)(2) of the Older Americans Act of 1965 (42 U.S.C.
3021(a)(2)) is amended--
(1) in subparagraph (D), by striking ``and'' at the end;
(2) in subparagraph (E), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(F) organizations that have experience in providing training,
placement, and stipends for volunteers or participants who are
older individuals (such as organizations carrying out Federal
service programs administered by the Corporation for National and
Community Service), in community service settings.''.
SEC. 302. DEFINITIONS.
Section 302 of the Older Americans Act of 1965 (42 U.S.C. 3022) is
amended--
(1) by adding at the end the following:
``(4) 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 or to an individual with
Alzheimer's disease or a related disorder with neurological and
organic brain dysfunction.'';
(2) by redesignating paragraphs (2), (3), and (4) as paragraphs
(4), (2), and (3), respectively; and
(3) by moving paragraph (4), as so redesignated, to the end of
the section.
SEC. 303. AUTHORIZATION OF APPROPRIATIONS; USES OF FUNDS.
Section 303 of the Older Americans Act of 1965 (42 U.S.C. 3023) is
amended--
(1) in subsections (a)(1), (b), and (d), by striking ``year
2001'' and all that follows through ``years'' each place it
appears, and inserting ``years 2007, 2008, 2009, 2010, and 2011'';
and
(2) in subsection (e)--
(A) in paragraph (1) by striking ``$125,000,000'' and all
that follows and inserting ``$160,000,000 for fiscal year
2007.'';
(B) in paragraph (2), by striking ``such sums'' and all
that follows and inserting ``$166,500,000 for fiscal year 2008,
$173,000,000 for fiscal year 2009, $180,000,000 for fiscal year
2010, and $187,000,000 for fiscal year 2011.''; and
(C) in paragraph (3)--
(i) by striking ``(2)--'' and all that follows through
``1 percent'' and inserting ``(2), not more than 1
percent'';
(ii) by striking ``shall'' and inserting ``may''; and
(iii) by striking ``section 376'' and inserting
``section 411(a)(11)''.
SEC. 304. ALLOTMENTS.
Section 304(a)(3)(D) of the Older Americans Act of 1965 (42 U.S.C.
3024(a)(3)(D)) is amended to read as follows:
``(D)(i) No State shall be allotted less than the total amount
allotted to the State for fiscal year 2006.
``(ii) No State shall receive a percentage increase in an
allotment, above the State's fiscal year 2006 allotment, that is less
than--
``(I) for fiscal year 2007, 20 percent of the percentage
increase above the fiscal year 2006 allotments for all of the
States;
``(II) for fiscal year 2008, 15 percent of the percentage
increase above the fiscal year 2006 allotments for all of the
States;
``(III) for fiscal year 2009, 10 percent of the percentage
increase above the fiscal year 2006 allotments for all of the
States; and
``(IV) For fiscal year 2010, 5 percent of the percentage
increase above the fiscal year 2006 allotments for all of the
States.''.
SEC. 305. ORGANIZATION.
Section 305(a) of the Older Americans Act of 1965 (42 U.S.C.
3025(a)) is amended--
(1) in paragraph (1)(E)--
(A) by striking ``(with particular attention to low-income
minority individuals and older individuals residing in rural
areas)'' each place it appears and inserting ``(with particular
attention to low-income older individuals, including low-income
minority older individuals, older individuals with limited
English proficiency, and older individuals residing in rural
areas)''; and
(B) by striking ``and'' at the end;
(2) in paragraph (2)--
(A) in subparagraph (E), by striking ``, with particular
attention to low-income minority individuals and older
individuals residing in rural areas'' and inserting ``(with
particular attention to low-income older individuals, including
low-income minority older individuals, older individuals with
limited English proficiency, and older individuals residing in
rural areas)''; and
(B) in subparagraph (G), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following:
``(3) the State agency shall, consistent with this section,
promote the development and implementation of a State system of
long-term care that is a comprehensive, coordinated system that
enables older individuals to receive long-term care in home and
community-based settings, in a manner responsive to the needs and
preferences of the older individuals and their family caregivers,
by--
``(A) collaborating, coordinating, and consulting with
other agencies in such State responsible for formulating,
implementing, and administering programs, benefits, and
services related to providing long-term care;
``(B) participating in any State government activities
concerning long-term care, including reviewing and commenting
on any State rules, regulations, and policies related to long-
term care;
``(C) conducting analyses and making recommendations with
respect to strategies for modifying the State system of long-
term care to better--
``(i) respond to the needs and preferences of older
individuals and family caregivers;
``(ii) facilitate the provision, by service providers,
of long-term care in home and community-based settings; and
``(iii) target services to individuals at risk for
institutional placement, to permit such individuals to
remain in home and community-based settings;
``(D) implementing (through area agencies on aging, service
providers, and such other entities as the State determines to
be appropriate) evidence-based programs to assist older
individuals and their family caregivers in learning about and
making behavioral changes intended to reduce the risk of
injury, disease, and disability among older individuals; and
``(E) providing for the availability and distribution
(through public education campaigns, Aging and Disability
Resource Centers, area agencies on aging, and other appropriate
means) of information relating to--
``(i) the need to plan in advance for long-term care;
and
``(ii) the full range of available public and private
long-term care (including integrated long-term care)
programs, options, service providers, and resources.''.
SEC. 306. AREA PLANS.
Section 306 of the Older Americans Act of 1965 (42 U.S.C. 3026) is
amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``(with particular attention to low-
income minority individuals and older individuals residing
in rural areas)'' and inserting ``(with particular
attention to low-income older individuals, including low-
income minority older individuals, older individuals with
limited English proficiency, and older individuals residing
in rural areas)'';
(ii) by striking ``(with particular attention to low-
income minority individuals)'' and inserting ``(with
particular attention to low-income older individuals,
including low-income minority older individuals, older
individuals with limited English proficiency, and older
individuals residing in rural areas)''; and
(iii) by inserting ``the number of older individuals at
risk for institutional placement residing in such area,''
after ``individuals) residing in such area,'';
(B) in paragraph (2)(A)--
(i) by inserting after ``transportation,'' the
following: ``health services (including mental health
services),''; and
(ii) by inserting after ``information and assistance''
the following: ``(which may include information and
assistance to consumers on availability of services under
part B and how to receive benefits under and participate in
publicly supported programs for which the consumer may be
eligible)'';
(C) in paragraph (4)--
(i) in subparagraph (A)--
(I) by amending clause (i) to read as follows:
``(i)(I) provide assurances that the area agency on aging
will--
``(aa) set specific objectives, consistent with State
policy, for providing services to older individuals with
greatest economic need, older individuals with greatest social
need, and older individuals at risk for institutional
placement;
``(bb) include specific objectives for providing services
to low-income minority older individuals, older individuals
with limited English proficiency, and older individuals
residing in rural areas; and
``(II) include proposed methods to achieve the objectives
described in items (aa) and (bb) of subclause (I);''; and
(II) in clause (ii), by inserting ``, older
individuals with limited English proficiency,'' after
``low-income minority individuals'' each place it
appears; and
(ii) in subparagraph (B)--
(I) by moving the left margin of each of
subparagraph (B), clauses (i) and (ii), and subclauses
(I) through (VI) of clause (i), 2 ems to the left; and
(II) in clause (i)--
(aa) in subclause (V), by striking ``with
limited English-speaking ability; and'' and
inserting ``with limited English proficiency;'';
(bb) in subclause (VI), by striking ``or
related'' and inserting ``and related''; and
(cc) by adding at the end the following:
``(VII) older individuals at risk for institutional
placement; and'';
(D) in paragraph (5), by inserting ``and individuals at
risk for institutional placement'' after ``severe
disabilities'';
(E) in paragraph (6)--
(i) in subparagraph (C)--
(I) in clause (i), by striking ``and'' at the end;
(II) in clause (ii), by adding ``and'' at the end;
and
(III) by inserting after clause (ii) the following:
``(iii) make use of trained volunteers in providing direct
services delivered to older individuals and individuals with
disabilities needing such services and, if possible, work in
coordination with organizations that have experience in
providing training, placement, and stipends for volunteers or
participants (such as organizations carrying out Federal
service programs administered by the Corporation for National
and Community Service), in community service settings;'';
(ii) in subparagraph (D)--
(I) by inserting ``family caregivers of such
individuals,'' after ``Act,''; and
(II) by inserting ``service providers,
representatives of the business community,'' after
``individuals,''; and
(iii) by amending subparagraph (F) to read as follows:
``(F) in coordination with the State agency and with the
State agency responsible for mental health services, increase
public awareness of mental health disorders, remove barriers to
diagnosis and treatment, and coordinate mental health services
(including mental health screenings) provided with funds
expended by the area agency on aging with mental health
services provided by community health centers and by other
public agencies and nonprofit private organizations;'';
(F) in paragraph (7), to read as follows:
``(7) provide that the area agency on aging shall, consistent
with this section, facilitate the area-wide development and
implementation of a comprehensive, coordinated system for providing
long-term care in home and community-based settings, in a manner
responsive to the needs and preferences of older individuals and
their family caregivers, by--
``(A) collaborating, coordinating activities, and
consulting with other local public and private agencies and
organizations responsible for administering programs, benefits,
and services related to providing long-term care;
``(B) conducting analyses and making recommendations with
respect to strategies for modifying the local system of long-
term care to better--
``(i) respond to the needs and preferences of older
individuals and family caregivers;
``(ii) facilitate the provision, by service providers,
of long-term care in home and community-based settings; and
``(iii) target services to older individuals at risk
for institutional placement, to permit such individuals to
remain in home and community-based settings;
``(C) implementing, through the agency or service
providers, evidence-based programs to assist older individuals
and their family caregivers in learning about and making
behavioral changes intended to reduce the risk of injury,
disease, and disability among older individuals; and
``(D) providing for the availability and distribution
(through public education campaigns, Aging and Disability
Resource Centers, the area agency on aging itself, and other
appropriate means) of information relating to--
``(i) the need to plan in advance for long-term care;
and
``(ii) the full range of available public and private
long-term care (including integrated long-term care)
programs, options, service providers, and resources;'';
(G) by striking paragraph (14) and the 2 paragraphs (15);
(H) by redesignating paragraph (16) as paragraph (14); and
(I) by adding at the end the following:
``(15) provide assurances that funds received under this title
will be used--
``(A) to provide benefits and services to older
individuals, giving priority to older individuals identified in
paragraph (4)(A)(i); and
``(B) in compliance with the assurances specified in
paragraph (13) and the limitations specified in section 212;
``(16) provide, to the extent feasible, for the furnishing of
services under this Act, consistent with self-directed care; and
``(17) include information detailing how the area agency on
aging will coordinate activities, and develop long-range emergency
preparedness plans, with local and State emergency response
agencies, relief organizations, local and State governments, and
any other institutions that have responsibility for disaster relief
service delivery.'';
(2) by redesignating subsections (b), (c), (d), and (e) as
subsections (c), (d), (e), and (f); and
(3) by inserting after subsection (a) the following:
``(b)(1) An area agency on aging may include in the area plan an
assessment of how prepared the area agency on aging and service
providers in the planning and service area are for any anticipated
change in the number of older individuals during the 10-year period
following the fiscal year for which the plan is submitted.
``(2) Such assessment may include--
``(A) the projected change in the number of older individuals
in the planning and service area;
``(B) an analysis of how such change may affect such
individuals, including individuals with low incomes, individuals
with greatest economic need, minority older individuals, older
individuals residing in rural areas, and older individuals with
limited English proficiency;
``(C) an analysis of how the programs, policies, and services
provided by such area agency can be improved, and how resource
levels can be adjusted to meet the needs of the changing population
of older individuals in the planning and service area; and
``(D) an analysis of how the change in the number of
individuals age 85 and older in the planning and service area is
expected to affect the need for supportive services.
``(3) An area agency on aging, in cooperation with government
officials, State agencies, tribal organizations, or local entities, may
make recommendations to government officials in the planning and
service area and the State, on actions determined by the area agency to
build the capacity in the planning and service area to meet the needs
of older individuals for--
``(A) health and human services;
``(B) land use;
``(C) housing;
``(D) transportation;
``(E) public safety;
``(F) workforce and economic development;
``(G) recreation;
``(H) education;
``(I) civic engagement;
``(J) emergency preparedness; and
``(K) any other service as determined by such agency.''.
SEC. 307. STATE PLANS.
Section 307(a) of the Older Americans Act of 1965 (42 U.S.C.
3027(a)) is amended--
(1) in paragraph (2)(C), by striking ``section 306(b)'' and
inserting ``section 306(c)'';
(2) in paragraph (4), by striking ``, with particular attention
to low-income minority individuals and older individuals residing
in rural areas'' and inserting ``(with particular attention to low-
income minority older individuals, older individuals with limited
English proficiency, and older individuals residing in rural
areas)'';
(3) by striking paragraph (15);
(4) by redesignating paragraph (14) as paragraph (15);
(5) by inserting after paragraph (13) the following:
``(14) The plan shall, with respect to the fiscal year
preceding the fiscal year for which such plan is prepared--
``(A) identify the number of low-income minority older
individuals in the State, including the number of low-income
minority older individuals with limited English proficiency;
and
``(B) describe the methods used to satisfy the service
needs of the low-income minority older individuals described in
subparagraph (A), including the plan to meet the needs of low-
income minority older individuals with limited English
proficiency.'';
(6) in paragraph (16)(A)--
(A) in clauses (ii) and (iii), by striking ``(with
particular attention to low-income minority individuals and
older individuals residing in rural areas)'' each place it
appears and inserting ``(with particular attention to low-
income older individuals, including low-income minority older
individuals, older individuals with limited English
proficiency, and older individuals residing in rural areas)'';
and
(B) in clause (vi), by striking ``or related'' and
inserting ``and related''; and
(7) by adding at the end the following:
``(27) The plan shall provide assurances that area agencies on
aging will provide, to the extent feasible, for the furnishing of
services under this Act, consistent with self-directed care.
``(28)(A) The plan shall include, at the election of the State,
an assessment of how prepared the State is, under the State's
statewide service delivery model, for any anticipated change in the
number of older individuals during the 10-year period following the
fiscal year for which the plan is submitted.
``(B) Such assessment may include--
``(i) the projected change in the number of older
individuals in the State;
``(ii) an analysis of how such change may affect such
individuals, including individuals with low incomes,
individuals with greatest economic need, minority older
individuals, older individuals residing in rural areas, and
older individuals with limited English proficiency;
``(iii) an analysis of how the programs, policies, and
services provided by the State can be improved, including
coordinating with area agencies on aging, and how resource
levels can be adjusted to meet the needs of the changing
population of older individuals in the State; and
``(iv) an analysis of how the change in the number of
individuals age 85 and older in the State is expected to affect
the need for supportive services.
``(29) The plan shall include information detailing how the
State will coordinate activities, and develop long-range emergency
preparedness plans, with area agencies on aging, local emergency
response agencies, relief organizations, local governments, State
agencies responsible for emergency preparedness, and any other
institutions that have responsibility for disaster relief service
delivery.
``(30) The plan shall include information describing the
involvement of the head of the State agency in the development,
revision, and implementation of emergency preparedness plans,
including the State Public Health Emergency Preparedness and
Response Plan.''.
SEC. 308. PAYMENTS.
Section 309(b)(2) of the Older Americans Act of 1965 (42 U.S.C.
3029(b)(2)) is amended by striking ``the non-Federal share required
prior to fiscal year 1981'' and inserting ``10 percent of the cost of
the services specified in such section 304(d)(1)(D)''.
SEC. 309. NUTRITION SERVICES INCENTIVE PROGRAM.
Section 311 of the Older Americans Act of 1965 (42 U.S.C. 3030a) is
amended--
(1) in subsection (b), by adding at the end the following:
``(3) State agencies that elect to make grants and enter into
contracts for purposes of this section shall promptly and equitably
disburse amounts received under this subsection to the recipients of
the grants and contracts.'';
(2) in subsection (c)--
(A) in paragraph (1), by inserting ``(including bonus
commodities)'' after ``commodities'';
(B) in paragraph (2), by inserting ``(including bonus
commodities)'' after ``commodities'';
(C) in paragraph (3), by inserting ``(including bonus
commodities)'' after ``products''; and
(D) by adding at the end the following:
``(4) Among the commodities provided under this subsection, the
Secretary of Agriculture shall give special emphasis to foods of high
nutritional value to support the health of older individuals. The
Secretary of Agriculture, in consultation with the Assistant Secretary,
is authorized to prescribe the terms and conditions respecting the
provision of commodities under this subsection.'';
(3) in subsection (d), to read as follows:
``(d)(1) Amounts provided under subsection (b) shall be available
only for the purchase, by State agencies, recipients of grants and
contracts from the State agencies (as applicable), and title VI
grantees, of United States agricultural commodities and other foods for
their respective nutrition projects, subject to paragraph (2).
``(2) An entity specified in paragraph (1) may, at the option of
such entity, use part or all of the amounts received by the entity
under subsection (b) to pay a school food authority (within the meaning
of the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et
seq.)) to obtain United States agricultural commodities for such
entity's nutrition projects, in accordance with an agreement between
the entity and the school food authority, under which such payments--
``(A) shall cover the cost of such commodities; and
``(B) may cover related expenses incurred by the school food
authority, including the cost of transporting, distributing,
processing, storing, and handling such commodities.'';
(4) in subsection (e), by striking ``2001'' and inserting
``2007''; and
(5) in subsection (f)--
(A) in the matter preceding paragraph (1), by striking
``the Secretary of Agriculture and the Secretary of Health and
Human Services'' and inserting ``the Assistant Secretary and
the Secretary of Agriculture''; and
(B) by striking paragraphs (1) and (2) and inserting the
following:
``(1) school food authorities participating in programs
authorized under the Richard B. Russell National School Lunch Act
within the geographic area served by each such State agency, area
agency on aging, and provider; and
``(2) the foods available to such State agencies, area agencies
on aging, and providers under subsection (c).''.
SEC. 310. CONSUMER CONTRIBUTIONS.
Section 315 of the Older Americans Act of 1965 (42 U.S.C. 3030c-2)
is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``provided that'' and inserting ``if'';
and
(ii) by adding at the end the following: ``Such
contributions shall be encouraged for individuals whose
self-declared income is at or above 185 percent of the
poverty line, at contribution levels based on the actual
cost of services.''; and
(B) in paragraph (4)(E), by inserting ``and to supplement
(not supplant) funds received under this Act'' after ``given'';
(2) in subsection (c)(2), by striking ``(with particular
attention to low-income minority individuals and older individuals
residing in rural areas)'' and inserting ``(with particular
attention to low-income older individuals, including low-income
minority older individuals, older individuals with limited English
proficiency, and older individuals residing in rural areas)''; and
(3) in subsection (d), by striking ``with particular attention
to low-income and minority older individuals and older individuals
residing in rural areas'' and inserting ``(with particular
attention to low-income older individuals, including low-income
minority older individuals, older individuals with limited English
proficiency, and older individuals residing in rural areas)''.
SEC. 311. SUPPORTIVE SERVICES AND SENIOR CENTERS.
Section 321(a) of the Older Americans Act of 1965 (42 U.S.C.
3030d(a)) is amended--
(1) in paragraph (8), by inserting ``(including mental health
screening)'' after ``screening'';
(2) in paragraph (11), by striking ``services'' and inserting
``provision of services and assistive devices (including provision
of assistive technology services and assistive technology
devices)'';
(3) in paragraph (14)(B) by inserting ``(including mental
health)'' after ``health'';
(4) in paragraph (21)--
(A) by striking ``school-age children'' and inserting
``students''; and
(B) by inserting ``services for older individuals with
limited English proficiency and'' after ``including'';
(5) in paragraph (22) by striking the period at the end and
inserting a semicolon;
(6) by redesignating paragraph (23) as paragraph (25); and
(7) by inserting after paragraph (22) the following:
``(23) services designed to support States, area agencies on
aging, and local service providers in carrying out and coordinating
activities for older individuals with respect to mental health
services, including outreach for, education concerning, and
screening for such services, and referral to such services for
treatment;
``(24) activities to promote and disseminate information about
life-long learning programs, including opportunities for distance
learning; and''.
SEC. 312. NUTRITION SERVICE.
After the part heading of part C of title III of the Older
Americans Act of 1965 (42 U.S.C. 3030e et seq.), insert the following:
``SEC. 330. PURPOSES.
``The purposes of this part are--
``(1) to reduce hunger and food insecurity;
``(2) to promote socialization of older individuals; and
``(3) to promote the health and well-being of older individuals
by assisting such individuals to gain access to nutrition and other
disease prevention and health promotion services to delay the onset
of adverse health conditions resulting from poor nutritional health
or sedentary behavior.''.
SEC. 313. CONGREGATE NUTRITION PROGRAM.
Section 331 of the Older Americans Act of 1965 (42 U.S.C. 3030e) is
amended--
(1) by striking ``projects--'' and inserting ``projects
that--'';
(2) in paragraph (1), by striking ``which,'';
(3) in paragraph (2), by striking ``which''; and
(4) by striking paragraph (3), and inserting the following:
``(3) provide nutrition education, nutrition counseling, and
other nutrition services, as appropriate, based on the needs of
meal participants.''.
SEC. 314. HOME DELIVERED NUTRITION SERVICES.
Section 336 of the Older Americans Act of 1965 (42 U.S.C. 3030f) is
amended to read as follows:
``SEC. 336. PROGRAM AUTHORIZED.
``The Assistant Secretary shall establish and carry out a program
to make grants to States under State plans approved under section 307
for the establishment and operation of nutrition projects for older
individuals that provide--
``(1) on 5 or more days a week (except in a rural area where
such frequency is not feasible (as defined by the Assistant
Secretary by rule) and a lesser frequency is approved by the State
agency) at least 1 home delivered meal per day, which may consist
of hot, cold, frozen, dried, canned, fresh, or supplemental foods
and any additional meals that the recipient of a grant or contract
under this subpart elects to provide; and
``(2) nutrition education, nutrition counseling, and other
nutrition services, as appropriate, based on the needs of meal
recipients.''.
SEC. 315. CRITERIA.
Section 337 of the Older Americans Act of 1965 (42 U.S.C. 3030g) is
amended to read as follows:
``SEC. 337. CRITERIA.
``The Assistant Secretary, in consultation with recognized experts
in the fields of nutrition science, dietetics, meal planning and food
service management, and aging, shall develop minimum criteria of
efficiency and quality for the furnishing of home delivered meal
services for projects described in section 336.''.
SEC. 316. NUTRITION.
Section 339 of the Older Americans Act of 1965 (42 U.S.C. 3030g-21)
is amended--
(1) in paragraph (1), to read as follows:
``(1) solicit the expertise of a dietitian or other individual
with equivalent education and training in nutrition science, or if
such an individual is not available, an individual with comparable
expertise in the planning of nutritional services, and''; and
(2) in paragraph (2)--
(A) in subparagraph (A)--
(i) in clause (i), to read as follows:
``(i) comply with the most recent Dietary Guidelines
for Americans, published by the Secretary and the Secretary
of Agriculture, and''; and
(ii) in clause (ii)(I), by striking ``daily recommended
dietary allowances as'' and inserting ``dietary reference
intakes'';
(B) in subparagraph (D), by inserting ``joint'' after
``encourages'';
(C) in subparagraph (G), to read as follows:
``(G) ensures that meal providers solicit the advice and
expertise of--
``(i) a dietitian or other individual described in
paragraph (1),
``(ii) meal participants, and
``(iii) other individuals knowledgeable with regard to
the needs of older individuals,'';
(D) in subparagraph (H), by striking ``and accompany'';
(E) in subparagraph (I), by striking ``and'' at the end;
and
(F) by striking subparagraph (J) and inserting the
following:
``(J) provides for nutrition screening and nutrition
education, and nutrition assessment and counseling if
appropriate, and
``(K) encourages individuals who distribute nutrition
services under subpart 2 to provide, to homebound older
individuals, available medical information approved by health
care professionals, such as informational brochures and
information on how to get vaccines, including vaccines for
influenza, pneumonia, and shingles, in the individuals'
communities.''.
SEC. 317. STUDY OF NUTRITION PROJECTS.
(a) Study.--
(1) In general.--The Assistant Secretary for Aging shall use
funds allocated in section 206(g) of the Older Americans Act of
1965 (42 U.S.C. 3017(g)) to enter into a contract with the Food and
Nutrition Board of the Institute of Medicine of the National
Academy of Sciences, for the purpose of establishing an independent
panel of experts that will conduct an evidence-based study of the
nutrition projects authorized by such Act.
(2) Study.--Such study shall, to the extent data are available,
include--
(A) an evaluation of the effect of the nutrition projects
authorized by such Act on--
(i) improvement of the health status, including
nutritional status, of participants in the projects;
(ii) prevention of hunger and food insecurity of the
participants; and
(iii) continuation of the ability of the participants
to live independently;
(B) a cost-benefit analysis of nutrition projects
authorized by such Act, including the potential to affect costs
of the Medicaid program under title XIX of the Social Security
Act (42 U.S.C. 1396 et seq.); and
(C) an analysis of how and recommendations for how
nutrition projects authorized by such Act may be modified to
improve the outcomes described in subparagraph (A), including
recommendations for improving the nutritional quality of the
meals provided through the projects and undertaking other
potential strategies to improve the nutritional status of the
participants.
(b) Reports.--
(1) Report to the assistant secretary.--The panel described in
subsection (a)(1) shall submit to the Assistant Secretary a report
containing the results of the evidence-based study described in
subsection (a), including any recommendations described in
subsection (a)(2)(C).
(2) Report to congress.--The Assistant Secretary shall submit a
report containing the results described in paragraph (1) to the
Committee on Education and the Workforce of the House of
Representatives and the Committee on Health, Education, Labor, and
Pensions of the Senate.
SEC. 318. SENSE OF CONGRESS RECOGNIZING THE CONTRIBUTION OF NUTRITION
TO THE HEALTH OF OLDER ADULTS.
(a) Findings.--Congress finds that--
(1) good nutrition is vital to good health, and a diet based on
the Dietary Guidelines for Americans may reduce the risk of chronic
diseases such as cardiovascular disease, osteoporosis, diabetes,
macular degeneration, and cancer;
(2) the American Dietetic Association and the American Academy
of Family Physicians have estimated that the percentage of older
adults who are malnourished is estimated at 20 to 60 percent for
those who are in home care and at 40 to 85 percent for those who
are in nursing homes;
(3) the Institute of Medicine of the National Academy of
Sciences has estimated that approximately 40 percent of community-
residing persons age 65 and older have inadequate nutrient intakes;
(4) older adults are susceptible to nutrient deficiencies for a
number of reasons, including a reduced capacity to absorb and
utilize nutrients, difficulty chewing, and loss of appetite;
(5) while diet is the preferred source of nutrition, evidence
suggests that the use of a single daily multivitamin-mineral
supplement may be an effective way to address nutritional gaps that
exist among the elderly population, especially the poor; and
(6) the Dietary Guidelines for Americans state that
multivitamin-mineral supplements may be useful when they fill a
specific identified nutrient gap that cannot be or is not otherwise
being met by the individual's intake of food.
(b) Sense of Congress.--It is the sense of Congress that--
(1) meal programs funded by the Older Americans Act of 1965
contribute to the nutritional health of older adults;
(2) when the nutritional needs of older adults are not fully
met by diet, use of a single, daily multivitamin-mineral supplement
may help prevent nutrition deficiencies common in many older
adults;
(3) use of a single, daily multivitamin-mineral supplement can
be a safe and inexpensive strategy to help ensure the nutritional
health of older adults; and
(4) nutrition service providers under the Older Americans Act
of 1965 should consider whether individuals participating in
congregate and home-delivered meal programs would benefit from a
single, daily multivitamin-mineral supplement that is in compliance
with all applicable government quality standards and provides at
least \2/3\ of the essential vitamins and minerals at 100 percent
of the daily value levels as determined by the Commissioner of Food
and Drugs.
SEC. 319. IMPROVING INDOOR AIR QUALITY IN BUILDINGS WHERE OLDER
INDIVIDUALS CONGREGATE.
Section 361 of the Older Americans Act of 1965 (42 U.S.C. 3030m) is
amended by adding at the end the following:
``(c) The Assistant Secretary shall work in consultation with
qualified experts to provide information on methods of improving indoor
air quality in buildings where older individuals congregate.''.
SEC. 320. CAREGIVER SUPPORT PROGRAM DEFINITIONS.
Section 372 of the National Family Caregiver Support Act (42 U.S.C.
3030s) is amended--
(1) in paragraph (1), by inserting ``or who is an individual
with a disability'' after ``age'';
(2) in paragraph (3)--
(A) by striking ``a child by blood or marriage'' and
inserting ``a child by blood, marriage, or adoption''; and
(B) by striking ``60'' and inserting ``55'';
(3) by inserting before ``In this subpart'' the following:
``(a) In General.--'';
(4) by striking paragraph (2);
(5) by redesignating paragraph (3) as paragraph (2);
(6) by adding at the end the following:
``(b) Rule.--In providing services under this subpart--
``(1) for family caregivers who provide care for individuals
with Alzheimer's disease and related disorders with neurological
and organic brain dysfunction, the State involved shall give
priority to caregivers who provide care for older individuals with
such disease or disorder; and
``(2) for grandparents or older individuals who are relative
caregivers, the State involved shall give priority to caregivers
who provide care for children with severe disabilities.''.
SEC. 321. CAREGIVER SUPPORT PROGRAM.
Section 373 of the National Family Caregiver Support Act (42 U.S.C.
3030s-1) is amended--
(1) in subsection (b)(3), by striking ``caregivers to assist''
and all that follows through the end and inserting the following:
``assist the caregivers in the areas of health, nutrition, and
financial literacy, and in making decisions and solving problems
relating to their caregiving roles;'';
(2) in subsection (c)--
(A) in paragraph (1)(B), by striking ``subparagraph (A)(i)
or (B) of section 102(28)'' and inserting ``subparagraph (A)(i)
or (B) of section 102(22)''; and
(B) by striking paragraph (2) and inserting the following:
``(2) Priority.--In providing services under this subpart, the
State, in addition to giving the priority described in section
372(b), shall give priority--
``(A) to caregivers who are older individuals with greatest
social need, and older individuals with greatest economic need
(with particular attention to low-income older individuals);
and
``(B) to older individuals providing care to individuals
with severe disabilities, including children with severe
disabilities.'';
(3) in subsection (d), to read as follows:
``(d) Use of Volunteers.--In carrying out this subpart, each area
agency on aging shall make use of trained volunteers to expand the
provision of the available services described in subsection (b) and, if
possible, work in coordination with organizations that have experience
in providing training, placement, and stipends for volunteers or
participants (such as organizations carrying out Federal service
programs administered by the Corporation for National and Community
Service), in community service settings.'';
(4) in subsection (e)(3), by adding at the end the following:
``The reports shall describe any mechanisms used in the State to
provide to persons who are family caregivers, or grandparents or
older individuals who are relative caregivers, information about
and access to various services so that the persons can better carry
out their care responsibilities.'';
(5) in subsection (f)(1), by striking ``2001 through 2005'' and
inserting ``2007, 2008, 2009, 2010, and 2011''; and
(6) in subsection (g)(2)(C), by inserting ``of a child who is
not more than 18 years of age'' before the period at the end.
SEC. 322. NATIONAL INNOVATION.
Subpart 2 of part E of title III of the Older Americans Act of 1965
(42 U.S.C. 3030s-11 et seq.) is repealed.
TITLE IV--ACTIVITIES FOR HEALTH, INDEPENDENCE, AND LONGEVITY
SEC. 401. TITLE.
The Older Americans Act of 1965 is amended by inserting before
section 401 (42 U.S.C. 3031) the following:
``TITLE IV--ACTIVITIES FOR HEALTH, INDEPENDENCE, AND LONGEVITY''.
SEC. 402. GRANT PROGRAMS.
Section 411 of the Older Americans Act of 1965 (42 U.S.C. 3032) is
amended--
(1) in subsection (a)--
(A) in paragraph (8), by striking ``and'' at the end;
(B) by redesignating paragraph (9) as paragraph (13); and
(C) by inserting after paragraph (8) the following:
``(9) planning activities to prepare communities for the aging
of the population, which activities may include--
``(A) efforts to assess the aging population;
``(B) activities to coordinate the activities of State and
local agencies in order to meet the needs of older individuals;
and
``(C) training and technical assistance to support States,
area agencies on aging, and organizations receiving grants
under title VI, in engaging in community planning activities;
``(10) the development, implementation, and assessment of
technology-based service models and best practices, to support the
use of health monitoring and assessment technologies, communication
devices, assistive technologies, and other technologies that may
remotely connect family and professional caregivers to frail older
individuals residing in home and community-based settings or rural
areas;
``(11) conducting activities of national significance to
promote quality and continuous improvement in the support provided
to family and other informal caregivers of older individuals
through activities that include program evaluation, training,
technical assistance, and research, including--
``(A) programs addressing unique issues faced by rural
caregivers;
``(B) programs focusing on the needs of older individuals
with cognitive impairment such as Alzheimer's disease and
related disorders with neurological and organic brain
dysfunction, and their caregivers; and
``(C) programs supporting caregivers in the role they play
in providing disease prevention and health promotion services;
``(12) building public awareness of cognitive impairments such
as Alzheimer's disease and related disorders with neurological and
organic brain dysfunction, depression, and mental disorders; and'';
and
(2) in subsection (b), by striking ``year'' and all that
follows through ``years'' and inserting ``years 2007, 2008, 2009,
2010, and 2011''.
SEC. 403. CAREER PREPARATION FOR THE FIELD OF AGING.
Section 412(a) of the Older Americans Act of 1965 (42 U.S.C.
3032a(a)) is amended to read as follows:
``(a) Grants.--The Assistant Secretary shall make grants to
institutions of higher education, including historically Black colleges
or universities, Hispanic-serving institutions, and Hispanic Centers of
Excellence in Applied Gerontology, to provide education and training
that prepares students for careers in the field of aging.''.
SEC. 404. HEALTH CARE SERVICE DEMONSTRATION PROJECTS IN RURAL AREAS.
Section 414 of the Older Americans Act of 1965 (42 U.S.C. 3032c) is
amended--
(1) in subsection (a), by inserting ``mental health services,''
after ``care,''; and
(2) in subsection (b)(1)(B)(i), by inserting ``mental health,''
after ``health,''.
SEC. 405. TECHNICAL ASSISTANCE AND INNOVATION TO IMPROVE TRANSPORTATION
FOR OLDER INDIVIDUALS.
Section 416 of the Older Americans Act of 1965 (42 U.S.C. 3032e) is
amended to read as follows:
``SEC. 416. TECHNICAL ASSISTANCE AND INNOVATION TO IMPROVE
TRANSPORTATION FOR OLDER INDIVIDUALS.
``(a) In General.--The Secretary may award grants or contracts to
nonprofit organizations to improve transportation services for older
individuals.
``(b) Use of Funds.--
``(1) In general.--A nonprofit organization receiving a grant
or contract under subsection (a) shall use the funds received
through such grant or contract to carry out a demonstration
project, or to provide technical assistance to assist local transit
providers, area agencies on aging, senior centers, and local senior
support groups, to encourage and facilitate coordination of
Federal, State, and local transportation services and resources for
older individuals. The organization may use the funds to develop
and carry out an innovative transportation demonstration project to
create transportation services for older individuals.
``(2) Specific activities.--In carrying out a demonstration
project or providing technical assistance under paragraph (1) the
organization may carry out activities that include--
``(A) developing innovative approaches for improving access
by older individuals to transportation services, including
volunteer driver programs, economically sustainable
transportation programs, and programs that allow older
individuals to transfer their automobiles to a provider of
transportation services in exchange for the services;
``(B) preparing information on transportation options and
resources for older individuals and organizations serving such
individuals, and disseminating the information by establishing
and operating a toll-free telephone number;
``(C) developing models and best practices for providing
comprehensive integrated transportation services for older
individuals, including services administered by the Secretary
of Transportation, by providing ongoing technical assistance to
agencies providing services under title III and by assisting in
coordination of public and community transportation services;
and
``(D) providing special services to link older individuals
to transportation services not provided under title III.
``(c) Economically Sustainable Transportation.--In this section,
the term `economically sustainable transportation' means demand
responsive transportation for older individuals--
``(1) that may be provided through volunteers; and
``(2) that the provider will provide without receiving Federal
or other public financial assistance, after a period of not more
than 5 years of providing the services under this section.''.
SEC. 406. DEMONSTRATION, SUPPORT, AND RESEARCH PROJECTS FOR
MULTIGENERATIONAL ACTIVITIES AND CIVIC ENGAGEMENT
ACTIVITIES.
Section 417 of the Older Americans Act of 1965 (42 U.S.C. 3032f) is
amended to read as follows:
``SEC. 417. DEMONSTRATION, SUPPORT, AND RESEARCH PROJECTS FOR
MULTIGENERATIONAL AND CIVIC ENGAGEMENT ACTIVITIES.
``(a) Grants and Contracts.--The Assistant Secretary shall award
grants and enter into contracts with eligible organizations to carry
out projects to--
``(1) provide opportunities for older individuals to
participate in multigenerational activities and civic engagement
activities designed to meet critical community needs, and use the
full range of time, skills, and experience of older individuals,
including demonstration and support projects that--
``(A) provide support for grandparents and other older
individuals who are relative caregivers raising children (such
as kinship navigator programs); or
``(B) involve volunteers who are older individuals who
provide support and information to families who have a child
with a disability or chronic illness, or other families in need
of such family support; and
``(2) coordinate multigenerational activities and civic
engagement activities, promote volunteerism, and facilitate
development of and participation in multigenerational activities
and civic engagement activities.
``(b) Use of Funds.--An eligible organization shall use funds made
available under a grant awarded, or a contract entered into, under this
section to--
``(1) carry out a project described in subsection (a); and
``(2) evaluate the project in accordance with subsection (f).
``(c) Preference.--In awarding grants and entering into contracts
to carry out a project described in subsection (a), the Assistant
Secretary shall give preference to--
``(1) eligible organizations with a demonstrated record of
carrying out multigenerational activities or civic engagement
activities;
``(2) eligible organizations proposing multigenerational
activity projects that will serve older individuals and communities
with the greatest need (with particular attention to low-income
minority individuals, older individuals with limited English
proficiency, older individuals residing in rural areas, and low-
income minority communities);
``(3) eligible organizations proposing civic engagement
projects that will serve communities with the greatest need; and
``(4) eligible organizations with the capacity to develop
meaningful roles and assignments that use the time, skills, and
experience of older individuals to serve public and nonprofit
organizations.
``(d) Application.--To be eligible to receive a grant or enter into
a contract under subsection (a), an organization shall submit an
application to the Assistant Secretary at such time, in such manner,
and accompanied by such information as the Assistant Secretary may
reasonably require.
``(e) Eligible Organizations.--Organizations eligible to receive a
grant or enter into a contract under subsection (a)--
``(1) to carry out activities described in subsection (a)(1),
shall be organizations that provide opportunities for older
individuals to participate in activities described in subsection
(a)(1); and
``(2) to carry out activities described in subsection (a)(2),
shall be organizations with the capacity to conduct the
coordination, promotion, and facilitation described in subsection
(a)(2), through the use of multigenerational coordinators.
``(f) Local Evaluation and Report.--
``(1) Evaluation.--Each organization receiving a grant or a
contract under subsection (a) to carry out a project described in
subsection (a) shall evaluate the multigenerational activities or
civic engagement activities carried out under the project to
determine--
``(A) the effectiveness of the activities involved;
``(B) the impact of such activities on the community being
served and the organization providing the activities; and
``(C) the impact of such activities on older individuals
involved in such project.
``(2) Report.--The organization shall submit a report to the
Assistant Secretary containing the evaluation not later than 6
months after the expiration of the period for which the grant or
contract is in effect.
``(g) Report to Congress.--Not later than 6 months after the
Assistant Secretary receives the reports described in subsection
(f)(2), the Assistant Secretary shall prepare and submit to the Speaker
of the House of Representatives and the President pro tempore of the
Senate a report that assesses the evaluations and includes, at a
minimum--
``(1) the names or descriptive titles of the projects funded
under subsection (a);
``(2) a description of the nature and operation of the
projects;
``(3) the names and addresses of organizations that conducted
the projects;
``(4) in the case of projects carried out under subsection
(a)(1), a description of the methods and success of the projects in
recruiting older individuals as employees and as volunteers to
participate in the projects;
``(5) in the case of projects carried out under subsection
(a)(1), a description of the success of the projects in retaining
older individuals participating in the projects as employees and as
volunteers;
``(6) in the case of projects carried out under subsection
(a)(1), the rate of turnover of older individual employees and
volunteers in the projects;
``(7) a strategy for disseminating the findings resulting from
the projects described in paragraph (1); and
``(8) any policy change recommendations relating to the
projects.
``(h) Definitions.--As used in this section:
``(1) Multigenerational activity.--The term `multigenerational
activity' means an activity that provides an opportunity for
interaction between 2 or more individuals of different generations,
including activities connecting older individuals and youth in a
child care program, a youth day care program, an educational
assistance program, an at-risk youth intervention program, a
juvenile delinquency treatment program, a before- or after-school
program, a library program, or a family support program.
``(2) Multigenerational coordinator.--The term
`multigenerational coordinator' means a person who--
``(A) builds the capacity of public and nonprofit
organizations to develop meaningful roles and assignments, that
use the time, skill, and experience of older individuals to
serve those organizations; and
``(B) nurtures productive, sustainable working
relationships between--
``(i) individuals from the generations with older
individuals; and
``(ii) individuals in younger generations.''.
SEC. 407. NATIVE AMERICAN PROGRAMS.
Section 418(a)(2)(B)(i) of the Older Americans Act of 1965 (42
U.S.C. 3032g(a)(2)(B)(i)) is amended by inserting ``(including mental
health)'' after ``health''.
SEC. 408. MULTIDISCIPLINARY CENTERS AND MULTIDISCIPLINARY SYSTEMS.
Section 419 of the Older Americans Act of 1965 (42 U.S.C. 3032h) is
amended--
(1) by striking the title and inserting the following:
``SEC. 419. MULTIDISCIPLINARY CENTERS AND MULTIDISCIPLINARY SYSTEMS.'';
(2)(A) in subsection (b)(2), by redesignating subparagraphs (A)
through (G) as clauses (i) through (vii), respectively;
(B) in subsection (c)(2), by redesignating subparagraphs (A)
through (D) as clauses (i) through (iv), respectively; and
(C) by aligning the margins of the clauses described in
subparagraphs (A) and (B) with the margins of clause (iv) of
section 418(a)(2)(A) of such Act;
(3)(A) in subsection (b), by redesignating paragraphs (1) and
(2) as subparagraphs (A) and (B), respectively;
(B) in subsection (c), by redesignating paragraphs (1) and (2)
as subparagraphs (A) and (B), respectively; and
(C) by aligning the margins of the subparagraphs described in
subparagraphs (A) and (B) with the margins of subparagraph (D) of
section 420(a)(1) of such Act;
(4) in subsection (a), by striking ``(a)'' and all that follows
through ``The'' and inserting the following:
``(a) Multidisciplinary Centers.--
``(1) Program authorized.--The'';
(5) in subsection (b)--
(A) by striking the following:
``(b) Use of Funds.--'' and inserting the following:
``(2) Use of funds.--''; and
(B) by striking ``subsection (a)'' each place it appears
and inserting ``paragraph (1)'';
(6) in subsection (c)--
(A) by striking the following:
``(c) Data.--'' and inserting the following:
``(3) Data.--'';
(B) by striking ``subsection (a)'' and inserting
``paragraph (1)'';
(C) by striking ``such subsection'' and inserting ``such
paragraph'';
(D) by striking ``paragraph (1)'' and inserting
``subparagraph (A)''; and
(E) by striking ``this section'' and inserting ``this
subsection'';
(7) in subsection (a) (as so redesignated)--
(A) in paragraph (1), by inserting ``diverse populations of
older individuals residing in urban communities,'' after
``minority populations,'';
(B) in paragraph (2)(B)--
(C)(i) in clause (v), by inserting ``, including
information about best practices in long-term care service
delivery, housing, and transportation'' before the semicolon at
the end;
(ii) in clause (vi)--
(I) by striking ``consultation and'';
(II) by inserting ``and other technical assistance''
after ``information''; and
(III) by striking ``and'' at the end;
(iii) in clause (vii), by striking the period at the end
and inserting ``; and''; and
(iv) by adding at the end the following:
``(viii) provide training and technical assistance to
support the provision of community-based mental health
services for older individuals.''; and
(8) by adding at the end the following:
``(b) Multidisciplinary Health Services in Communities.--
``(1) Program authorized.--The Assistant Secretary shall make
grants to States, on a competitive basis, for the development and
operation of--
``(A) systems for the delivery of mental health screening
and treatment services for older individuals who lack access to
such services; and
``(B) programs to--
``(i) increase public awareness regarding the benefits
of prevention and treatment of mental disorders in older
individuals;
``(ii) reduce the stigma associated with mental
disorders in older individuals and other barriers to the
diagnosis and treatment of the disorders; and
``(iii) reduce age-related prejudice and discrimination
regarding mental disorders in older individuals.
``(2) Application.--To be eligible to receive a grant under
this subsection for a State, a State agency shall submit an
application to the Assistant Secretary at such time, in such
manner, and containing such information as the Assistant Secretary
may require.
``(3) State allocation and priorities.--A State agency that
receives funds through a grant made under this subsection shall
allocate the funds to area agencies on aging to carry out this
subsection in planning and service areas in the State. In
allocating the funds, the State agency shall give priority to
planning and service areas in the State--
``(A) that are medically underserved; and
``(B) in which there are large numbers of older
individuals.
``(4) Area coordination of services with other providers.--In
carrying out this subsection, to more efficiently and effectively
deliver services to older individuals, each area agency on aging
shall--
``(A) coordinate services described in subparagraphs (A)
and (B) of paragraph (1) with such services or similar or
related services of other community agencies, and voluntary
organizations; and
``(B) to the greatest extent practicable, integrate
outreach and educational activities with such activities of
existing (as of the date of the integration) social service and
health care (including mental health) providers serving older
individuals in the planning and service area involved.
``(5) Relationship to other funding sources.--Funds made
available under this subsection shall supplement, and not supplant,
any Federal, State, and local funds expended by a State or unit of
general purpose local government (including an area agency on
aging) to provide the services described in subparagraphs (A) and
(B) of paragraph (1).
``(6) Definition.--In this subsection, the term `mental health
screening and treatment services' means patient screening,
diagnostic services, care planning and oversight, therapeutic
interventions, and referrals, that are--
``(A) provided pursuant to evidence-based intervention and
treatment protocols (to the extent such protocols are
available) for mental disorders prevalent in older individuals;
and
``(B) coordinated and integrated with the services of
social service and health care (including mental health)
providers in an area in order to--
``(i) improve patient outcomes; and
``(ii) ensure, to the maximum extent feasible, the
continuing independence of older individuals who are
residing in the area.''.
SEC. 409. COMMUNITY INNOVATIONS FOR AGING IN PLACE.
Part A of title IV of the Older Americans Act of 1965 (42 U.S.C.
3031 et seq.) is amended by adding at the end the following:
``SEC. 422. COMMUNITY INNOVATIONS FOR AGING IN PLACE.
``(a) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity'--
``(A) means a nonprofit health or social service
organization, a community-based nonprofit organization, an area
agency on aging or other local government agency, a tribal
organization, or another entity that--
``(i) the Assistant Secretary determines to be
appropriate to carry out a project under this part; and
``(ii) demonstrates a record of, and experience in,
providing or administering group and individual health and
social services for older individuals; and
``(B) does not include an entity providing housing under
the congregate housing services program carried out under
section 802 of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 8011) or the multifamily service
coordinator program carried out under section 202(g) of the
Housing Act of 1959 (12 U.S.C. 1701q(g)).
``(2) Naturally occurring retirement community.--The term
`Naturally Occurring Retirement Community' means a community with a
concentrated population of older individuals, which may include a
residential building, a housing complex, an area (including a rural
area) of single family residences, or a neighborhood composed of
age-integrated housing--
``(A) where--
``(i) 40 percent of the heads of households are older
individuals; or
``(ii) a critical mass of older individuals exists,
based on local factors that, taken in total, allow an
organization to achieve efficiencies in the provision of
health and social services to older individuals living in
the community; and
``(B) that is not an institutional care or assisted living
setting.
``(b) Grants.--
``(1) In general.--The Assistant Secretary shall make grants,
on a competitive basis, to eligible entities to develop and carry
out model aging in place projects. The projects shall promote aging
in place for older individuals (including such individuals who
reside in Naturally Occurring Retirement Communities), in order to
sustain the independence of older individuals. A recipient of a
grant under this subsection shall identify innovative strategies
for providing, and linking older individuals to programs and
services that provide, comprehensive and coordinated health and
social services to sustain the quality of life of older individuals
and support aging in place.
``(2) Grant periods.--The Assistant Secretary shall make the
grants for periods of 3 years.
``(c) Applications.--
``(1) In general.--To be eligible to receive a grant under
subsection (b) for a project, an entity shall submit an application
to the Assistant Secretary at such time, in such manner, and
containing such information as the Assistant Secretary may require.
``(2) Contents.--The application shall include--
``(A) a detailed description of the entity's experience in
providing services to older individuals in age-integrated
settings;
``(B) a definition of the contiguous service area and a
description of the project area in which the older individuals
reside or carry out activities to sustain their well-being;
``(C) the results of a needs assessment that identifies--
``(i) existing (as of the date of the assessment)
community-based health and social services available to
individuals residing in the project area;
``(ii) the strengths and gaps of such existing services
in the project area;
``(iii) the needs of older individuals who reside in
the project area; and
``(iv) services not being delivered that would promote
aging in place and contribute to the well-being of older
individuals residing in the project area;
``(D) a plan for the development and implementation of an
innovative model for service coordination and delivery within
the project area;
``(E) a description of how the plan described in
subparagraph (D) will enhance existing services described in
subparagraph (C)(i) and support the goal of this section to
promote aging in place;
``(F) a description of proposed actions by the entity to
prevent the duplication of services funded under a provision of
this Act, other than this section, and a description of how the
entity will cooperate, and coordinate planning and services
(including any formal agreements), with agencies and
organizations that provide publicly supported services for
older individuals in the project area, including the State
agency and area agencies on aging with planning and service
areas in the project area;
``(G) an assurance that the entity will seek to establish
cooperative relationships with interested local entities,
including private agencies and businesses that provide health
and social services, housing entities, community development
organizations, philanthropic organizations, foundations, and
other non-Federal entities;
``(H) a description of the entity's protocol for referral
of residents who may require long-term care services, including
coordination with local agencies, including area agencies on
aging and Aging and Disability Resource Centers that serve as
single points of entry to public services;
``(I) a description of how the entity will offer
opportunities for older individuals to be involved in the
governance, oversight, and operation of the project;
``(J) an assurance that the entity will submit to the
Assistant Secretary such evaluations and reports as the
Assistant Secretary may require; and
``(K) a plan for long-term sustainability of the project.
``(d) Use of Funds.--
``(1) In general.--An eligible entity that receives a grant
under subsection (b) shall use the funds made available through the
grant to--
``(A) ensure access by older individuals in the project
area to community-based health and social services consisting
of--
``(i) case management, case assistance, and social work
services;
``(ii) health care management and health care
assistance, including disease prevention and health
promotion services;
``(iii) education, socialization, and recreational
activities; and
``(iv) volunteer opportunities for project
participants;
``(B) conduct outreach to older individuals within the
project area; and
``(C) develop and implement innovative, comprehensive, and
cost-effective approaches for the delivery and coordination of
community-based health and social services, including those
identified in subparagraph (A)(iv), which may include mental
health services, for eligible older individuals.
``(2) Coordination.--An eligible entity receiving a grant under
subsection (b) for a project shall coordinate activities with
organizations providing services funded under title III to support
such services for or facilitate the delivery of such services to
eligible older individuals served by the project.
``(3) Preference.--In carrying out an aging in place project,
an eligible entity shall, to the extent practicable, serve a
community of low-income individuals and operate or locate the
project and services in or in close proximity to a location where a
large concentration of older individuals has aged in place and
resided, such as a Naturally Occurring Retirement Community.
``(4) Supplement not supplant.--Funds made available to an
eligible entity under subsection (b) shall be used to supplement,
not supplant, any Federal, State, or other funds otherwise
available to the entity to provide health and social services to
eligible older individuals.
``(e) Competitive Grants for Technical Assistance.--
``(1) Grants.--The Assistant Secretary shall (or shall make a
grant, on a competitive basis, to an eligible nonprofit
organization, to enable the organization to)--
``(A) provide technical assistance to recipients of grants
under subsection (b); and
``(B) carry out other duties, as determined by the
Assistant Secretary.
``(2) Eligible organization.--To be eligible to receive a grant
under this subsection, an organization shall be a nonprofit
organization (including a partnership of nonprofit organizations),
that--
``(A) has experience and expertise in providing technical
assistance to a range of entities serving older individuals and
experience evaluating and reporting on programs; and
``(B) has demonstrated knowledge of and expertise in
community-based health and social services.
``(3) Application.--To be eligible to receive a grant under
this subsection, an organization (including a partnership of
nonprofit organizations) 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
an assurance that the organization will submit to the Assistant
Secretary such evaluations and reports as the Assistant Secretary
may require.
``(f) Report.--The Assistant Secretary shall annually prepare and
submit a report to Congress that shall include--
``(1) the findings resulting from the evaluations of the model
projects conducted under this section;
``(2) a description of recommended best practices regarding
carrying out health and social service projects for older
individuals aging in place; and
``(3) recommendations for legislative or administrative action,
as the Assistant Secretary determines appropriate.''.
SEC. 410. RESPONSIBILITIES OF ASSISTANT SECRETARY.
Section 432(c)(2)(B) of the Older Americans Act of 1965 (42 U.S.C.
3033a(c)(2)(B)) is amended by inserting ``, including preparing an
analysis of such services, projects, and programs, and of how the
evaluation relates to improvements in such services, projects, and
programs and in the strategic plan of the Administration'' before the
period at the end.
TITLE V--OLDER AMERICAN COMMUNITY SERVICE EMPLOYMENT PROGRAM
SEC. 501. COMMUNITY SERVICE SENIOR OPPORTUNITIES ACT.
Title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.)
is amended to read as follows:
``TITLE V--COMMUNITY SERVICE SENIOR OPPORTUNITIES ACT
``SEC. 501. SHORT TITLE.
``This title may be cited as the `Community Service Senior
Opportunities Act'.
``SEC. 502. OLDER AMERICAN COMMUNITY SERVICE EMPLOYMENT PROGRAM.
``(a) In General.--
``(1) Establishment of program.--To foster individual economic
self-sufficiency and promote useful opportunities in community
service activities (which shall include community service
employment) for unemployed low-income persons who are age 55 or
older, particularly persons who have poor employment prospects, and
to increase the number of persons who may enjoy the benefits of
unsubsidized employment in both the public and private sectors, the
Secretary of Labor (referred to in this title as the `Secretary')
may establish an older American community service employment
program.
``(2) Use of appropriated amounts.--Amounts appropriated to
carry out this title shall be used only to carry out the provisions
contained in this title.
``(b) Grant Authority.--
``(1) Projects.--To carry out this title, the Secretary may
make grants to public and nonprofit private agencies and
organizations, agencies of a State, and tribal organizations to
carry out the program established under subsection (a). Such grants
may provide for the payment of costs, as provided in subsection
(c), of projects developed by such organizations and agencies in
cooperation with the Secretary in order to make such program
effective or to supplement such program. The Secretary shall make
the grants from allotments made under section 506, and in
accordance with section 514. No payment shall be made by the
Secretary toward the cost of any project established or
administered by such an organization or agency unless the Secretary
determines that such project--
``(A) will provide community service employment only for
eligible individuals except for necessary technical,
administrative, and supervisory personnel, and such personnel
will, to the fullest extent possible, be recruited from among
eligible individuals;
``(B)(i) will provide community service employment and
other authorized activities for eligible individuals in the
community in which such individuals reside, or in nearby
communities; or
``(ii) if such project is carried out by a tribal
organization that receives a grant under this subsection or
receives assistance from a State that receives a grant under
this subsection, will provide community service employment and
other authorized activities for such individuals, including
those who are Indians residing on an Indian reservation, as
defined in section 2601 of the Energy Policy Act of 1992 (25
U.S.C. 3501);
``(C) will comply with an average participation cap for
eligible individuals (in the aggregate) of--
``(i) 27 months; or
``(ii) pursuant to the request of a grantee, an
extended period of participation established by the
Secretary for a specific project area for such grantee, up
to a period of not more than 36 months, if the Secretary
determines that extenuating circumstances exist relating to
the factors identified in section 513(a)(2)(D) that justify
such an extended period for the program year involved;
``(D) will employ eligible individuals in service related
to publicly owned and operated facilities and projects, or
projects sponsored by nonprofit organizations (excluding
political parties exempt from taxation under section 501(c)(3)
of the Internal Revenue Code of 1986), but excluding projects
involving the construction, operation, or maintenance of any
facility used or to be used as a place for sectarian religious
instruction or worship;
``(E) will contribute to the general welfare of the
community, which may include support for children, youth, and
families;
``(F) will provide community service employment and other
authorized activities for eligible individuals;
``(G)(i) will not reduce the number of employment
opportunities or vacancies that would otherwise be available to
individuals not participating in the program;
``(ii) will not displace currently employed workers
(including partial displacement, such as a reduction in the
hours of nonovertime work, wages, or employment benefits);
``(iii) will not impair existing contracts or result in the
substitution of Federal funds for other funds in connection
with work that would otherwise be performed; and
``(iv) will not employ or continue to employ any eligible
individual to perform the same work or substantially the same
work as that performed by any other individual who is on
layoff;
``(H) will coordinate activities with training and other
services provided under title I of the Workforce Investment Act
of 1998 (29 U.S.C. 2801 et seq.), including utilizing the one-
stop delivery system of the local workforce investment areas
involved to recruit eligible individuals to ensure that the
maximum number of eligible individuals will have an opportunity
to participate in the project;
``(I) will include such training (such as work experience,
on-the-job training, and classroom training) as may be
necessary to make the most effective use of the skills and
talents of those individuals who are participating, and will
provide for the payment of the reasonable expenses of
individuals being trained, including a reasonable subsistence
allowance equivalent to the wage described in subparagraph (J);
``(J) will ensure that safe and healthy employment
conditions will be provided, and will ensure that participants
employed in community service and other jobs assisted under
this title will be paid wages that shall not be lower than
whichever is the highest of--
``(i) the minimum wage that would be applicable to such
a participant under the Fair Labor Standards Act of 1938
(29 U.S.C. 201 et seq.), if section 6(a)(1) of such Act (29
U.S.C. 206(a)(1)) applied to the participant and if the
participant were not exempt under section 13 of such Act
(29 U.S.C. 213);
``(ii) the State or local minimum wage for the most
nearly comparable covered employment; or
``(iii) the prevailing rates of pay for individuals
employed in similar public occupations by the same
employer;
``(K) will be established or administered with the advice
of persons competent in the field of service in which community
service employment or other authorized activities are being
provided, and of persons who are knowledgeable about the needs
of older individuals;
``(L) will authorize payment for necessary supportive
services costs (including transportation costs) of eligible
individuals that may be incurred in training in any project
funded under this title, in accordance with rules issued by the
Secretary;
``(M) will ensure that, to the extent feasible, such
project will serve the needs of minority and Indian eligible
individuals, eligible individuals with limited English
proficiency, and eligible individuals with greatest economic
need, at least in proportion to their numbers in the area
served and take into consideration their rates of poverty and
unemployment;
``(N)(i) will prepare an assessment of the participants'
skills and talents and their needs for services, except to the
extent such project has, for the participant involved, recently
prepared an assessment of such skills and talents, and such
needs, pursuant to another employment or training program (such
as a program under the Workforce Investment Act of 1998 (29
U.S.C. 2801 et seq.), the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2301 et seq.), or part A of
title IV of the Social Security Act (42 U.S.C. 601 et seq.))
and will prepare a related service strategy;
``(ii) will provide training and employment counseling to
eligible individuals based on strategies that identify
appropriate employment objectives and the need for supportive
services, developed as a result of the assessment and service
strategy provided for in clause (i), and provide other
appropriate information regarding such project; and
``(iii) will provide counseling to participants on their
progress in meeting such objectives and satisfying their need
for supportive services;
``(O) will provide appropriate services for participants,
or refer the participants to appropriate services, through the
one-stop delivery system of the local workforce investment
areas involved as established under section 134(c) of the
Workforce Investment Act of 1998 (29 U.S.C. 2864(c)), and will
be involved in the planning and operations of such system
pursuant to a memorandum of understanding with the local
workforce investment board in accordance with section 121(c) of
such Act (29 U.S.C. 2841(c));
``(P) will post in such project workplace a notice, and
will make available to each person associated with such project
a written explanation--
``(i) clarifying the law with respect to political
activities allowable and unallowable under chapter 15 of
title 5, United States Code, applicable to the project and
to each category of individuals associated with such
project; and
``(ii) containing the address and telephone number of
the Inspector General of the Department of Labor, to whom
questions regarding the application of such chapter may be
addressed;
``(Q) will provide to the Secretary the description and
information described in--
``(i) paragraph (8), relating to coordination with
other Federal programs, of section 112(b) of the Workforce
Investment Act of 1998 (29 U.S.C. 2822(b)); and
``(ii) paragraph (14), relating to implementation of
one-stop delivery systems, of section 112(b) of the
Workforce Investment Act of 1998; and
``(R) will ensure that entities that carry out activities
under the project (including State agencies, local entities,
subgrantees, and subcontractors) and affiliates of such
entities receive an amount of the administrative cost
allocation determined by the Secretary, in consultation with
grantees, to be sufficient.
``(2) Regulations.--The Secretary may establish, issue, and
amend such regulations as may be necessary to effectively carry out
this title.
``(3) Assessment and service strategies.--
``(A) Prepared under this act.--An assessment and service
strategy required by paragraph (1)(N) to be prepared for an
eligible individual shall satisfy any condition for an
assessment and service strategy or individual employment plan
for an adult participant under subtitle B of title I of the
Workforce Investment Act of 1998 (29 U.S.C. 2811 et seq.), in
order to determine whether such eligible individual also
qualifies for intensive or training services described in
section 134(d) of such Act (29 U.S.C. 2864(d)).
``(B) Prepared under workforce investment act of 1998.--An
assessment and service strategy or individual employment plan
prepared under subtitle B of title I of the Workforce
Investment Act of 1998 (29 U.S.C. 2811 et seq.) for an eligible
individual may be used to comply with the requirement specified
in subparagraph (A).
``(c) Federal Share and Use of Funds.--
``(1) Federal share.--The Secretary may pay a Federal share not
to exceed 90 percent of the cost of any project for which a grant
is made under subsection (b), except that the Secretary may pay all
of such cost if such project is--
``(A) an emergency or disaster project; or
``(B) a project located in an economically depressed area,
as determined by the Secretary in consultation with the
Secretary of Commerce and the Secretary of Health and Human
Services.
``(2) Non-federal share.--The non-Federal share shall be in
cash or in kind. In determining the amount of the non-Federal
share, the Secretary may attribute fair market value to services
and facilities contributed from non-Federal sources.
``(3) Use of funds for administrative costs.--Of the grant
amount to be paid under this subsection by the Secretary for a
project, not to exceed 13.5 percent shall be available for any
fiscal year to pay the administrative costs of such project, except
that--
``(A) the Secretary may increase the amount available to
pay the administrative costs to an amount not to exceed 15
percent of the grant amount if the Secretary determines, based
on information submitted by the grantee under subsection (b),
that such increase is necessary to carry out such project; and
``(B) if the grantee under subsection (b) demonstrates to
the Secretary that--
``(i) major administrative cost increases are being
incurred in necessary program components, including
liability insurance, payments for workers' compensation,
costs associated with achieving unsubsidized placement
goals, and costs associated with other operation
requirements imposed by the Secretary;
``(ii) the number of community service employment
positions in the project or the number of minority eligible
individuals participating in the project will decline if
the amount available to pay the administrative costs is not
increased; or
``(iii) the size of the project is so small that the
amount of administrative costs incurred to carry out the
project necessarily exceeds 13.5 percent of the grant
amount;
the Secretary shall increase the amount available for such
fiscal year to pay the administrative costs to an amount not to
exceed 15 percent of the grant amount.
``(4) Administrative costs.--For purposes of this title,
administrative costs are the costs, both personnel-related and
nonpersonnel-related and both direct and indirect, associated with
the following:
``(A) The costs of performing general administrative
functions and of providing for the coordination of functions,
such as the costs of--
``(i) accounting, budgeting, and financial and cash
management;
``(ii) procurement and purchasing;
``(iii) property management;
``(iv) personnel management;
``(v) payroll functions;
``(vi) coordinating the resolution of findings arising
from audits, reviews, investigations, and incident reports;
``(vii) audits;
``(viii) general legal services;
``(ix) developing systems and procedures, including
information systems, required for administrative functions;
``(x) preparing administrative reports; and
``(xi) other activities necessary for the general
administration of government funds and associated programs.
``(B) The costs of performing oversight and monitoring
responsibilities related to administrative functions.
``(C) The costs of goods and services required for
administrative functions of the project involved, including
goods and services such as rental or purchase of equipment,
utilities, office supplies, postage, and rental and maintenance
of office space.
``(D) The travel costs incurred for official business in
carrying out administrative activities or overall management.
``(E) The costs of information systems related to
administrative functions (such as personnel, procurement,
purchasing, property management, accounting, and payroll
systems), including the purchase, systems development, and
operating costs of such systems.
``(F) The costs of technical assistance, professional
organization membership dues, and evaluating results obtained
by the project involved against stated objectives.
``(5) Non-federal share of administrative costs.--To the extent
practicable, an entity that carries out a project under this title
shall provide for the payment of the expenses described in
paragraph (4) from non-Federal sources.
``(6) Use of funds for wages and benefits and programmatic
activity costs.--
``(A) In general.--Amounts made available for a project
under this title that are not used to pay for the
administrative costs shall be used to pay for the costs of
programmatic activities, including the costs of--
``(i) participant wages, such benefits as are required
by law (such as workers' compensation or unemployment
compensation), the costs of physical examinations,
compensation for scheduled work hours during which an
employer's business is closed for a Federal holiday, and
necessary sick leave that is not part of an accumulated
sick leave program, except that no amounts provided under
this title may be used to pay the cost of pension benefits,
annual leave, accumulated sick leave, or bonuses;
``(ii) participant training (including the payment of
reasonable costs of instructors, classroom rental, training
supplies, materials, equipment, and tuition), which may be
provided prior to or subsequent to placement and which may
be provided on the job, in a classroom setting, or pursuant
to other appropriate arrangements;
``(iii) job placement assistance, including job
development and job search assistance;
``(iv) participant supportive services to enable a
participant to successfully participate in a project under
this title, which may include the payment of reasonable
costs of transportation, health and medical services,
special job-related or personal counseling, incidentals
(such as work shoes, badges, uniforms, eyeglasses, and
tools), child and adult care, temporary shelter, and
follow-up services; and
``(v) outreach, recruitment and selection, intake,
orientation, and assessments.
``(B) Use of funds for wages and benefits.--From the funds
made available through a grant made under subsection (b), a
grantee under this title--
``(i) except as provided in clause (ii), shall use not
less than 75 percent of the grant funds to pay the wages,
benefits, and other costs described in subparagraph (A)(i)
for eligible individuals who are employed under projects
carried out under this title; or
``(ii) that obtains approval for a request described in
subparagraph (C) may use not less than 65 percent of the
grant funds to pay the wages, benefits, and other costs
described in subparagraph (A)(i).
``(C) Request to use additional funds for programmatic
activity costs.--
``(i) In general.--A grantee may submit to the
Secretary a request for approval--
``(I) to use not less than 65 percent of the grant
funds to pay the wages, benefits, and other costs
described in subparagraph (A)(i);
``(II) to use the percentage of grant funds
described in paragraph (3) to pay for administrative
costs, as specified in that paragraph;
``(III) to use not more than 10 percent of the
grant funds for individual participants to provide
activities described in clauses (ii) and (iv) of
subparagraph (A), in which case the grantee shall
provide (from the funds described in this subclause)
the subsistence allowance described in subsection
(b)(1)(I) for those individual participants who are
receiving training described in that subsection from
the funds described in this subclause, but may not use
the funds described in this subclause to pay for any
administrative costs; and
``(IV) to use the remaining grant funds to provide
activities described in clauses (ii) through (v) of
subparagraph (A).
``(ii) Contents.--In submitting the request the grantee
shall include in the request--
``(I) a description of the activities for which the
grantee will spend the grant funds described in
subclauses (III) and (IV) of clause (i), consistent
with those subclauses;
``(II) an explanation documenting how the provision
of such activities will improve the effectiveness of
the project, including an explanation concerning
whether any displacement of eligible individuals or
elimination of positions for such individuals will
occur, information on the number of such individuals to
be displaced and of such positions to be eliminated,
and an explanation concerning how the activities will
improve employment outcomes for individuals served,
based on the assessment conducted under subsection
(b)(1)(N); and
``(III) a proposed budget and work plan for the
activities, including a detailed description of the
funds to be spent on the activities described in
subclauses (III) and (IV) of clause (i).
``(iii) Submission.--The grantee shall submit a request
described in clause (i) not later than 90 days before the
proposed date of implementation contained in the request.
Not later than 30 days before the proposed date of
implementation, the Secretary shall approve, approve as
modified, or reject the request, on the basis of the
information included in the request as described in clause
(ii).
``(D) Report.--Each grantee under subsection (b) shall
annually prepare and submit to the Secretary a report
documenting the grantee's use of funds for activities described
in clauses (i) through (v) of subparagraph (A).
``(d) Project Description.--Whenever a grantee conducts a project
within a planning and service area in a State, such grantee shall
conduct such project in consultation with the area agency on aging of
the planning and service area and shall submit to the State agency and
the area agency on aging a description of such project to be conducted
in the State, including the location of the project, 90 days prior to
undertaking the project, for review and public comment according to
guidelines the Secretary shall issue to assure efficient and effective
coordination of projects under this title.
``(e) Pilot, Demonstration, and Evaluation Projects.--
``(1) In general.--The Secretary, in addition to exercising any
other authority contained in this title, shall use funds reserved
under section 506(a)(1) to carry out demonstration projects, pilot
projects, and evaluation projects, for the purpose of developing
and implementing techniques and approaches, and demonstrating the
effectiveness of the techniques and approaches, in addressing the
employment and training needs of eligible individuals. The
Secretary shall enter into such agreements with States, public
agencies, nonprofit private organizations, or private business
concerns, as may be necessary, to conduct the projects authorized
by this subsection. To the extent practicable, the Secretary shall
provide an opportunity, prior to the development of a demonstration
or pilot project, for the appropriate area agency on aging to
submit comments on such a project in order to ensure coordination
of activities under this title.
``(2) Projects.--Such projects may include--
``(A) activities linking businesses and eligible
individuals, including activities providing assistance to
participants transitioning from subsidized activities to
private sector employment;
``(B) demonstration projects and pilot projects designed
to--
``(i) attract more eligible individuals into the labor
force;
``(ii) improve the provision of services to eligible
individuals under one-stop delivery systems established
under title I of the Workforce Investment Act of 1998 (29
U.S.C. 2801 et seq.);
``(iii) enhance the technological skills of eligible
individuals; and
``(iv) provide incentives to grantees under this title
for exemplary performance and incentives to businesses to
promote their participation in the program under this
title;
``(C) demonstration projects and pilot projects, as
described in subparagraph (B), for workers who are older
individuals (but targeted to eligible individuals) only if such
demonstration projects and pilot projects are designed to
assist in developing and implementing techniques and approaches
in addressing the employment and training needs of eligible
individuals;
``(D) provision of training and technical assistance to
support any project funded under this title;
``(E) dissemination of best practices relating to
employment of eligible individuals; and
``(F) evaluation of the activities authorized under this
title.
``(3) Consultation.--To the extent practicable, entities
carrying out projects under this subsection shall consult with
appropriate area agencies on aging and with other appropriate
agencies and entities to promote coordination of activities under
this title.
``SEC. 503. ADMINISTRATION.
``(a) State Plan.--
``(1) Governor.--For a State to be eligible to receive an
allotment under section 506, the Governor of the State shall submit
to the Secretary for consideration and approval, a single State
plan (referred to in this title as the `State plan') that outlines
a 4-year strategy for the statewide provision of community service
employment and other authorized activities for eligible individuals
under this title. The plan shall contain such provisions as the
Secretary may require, consistent with this title, including a
description of the process used to ensure the participation of
individuals described in paragraph (2). Not less often than every 2
years, the Governor shall review the State plan and submit an
update to the State plan to the Secretary for consideration and
approval.
``(2) Recommendations.--In developing the State plan prior to
its submission to the Secretary, the Governor shall seek the advice
and recommendations of--
``(A) individuals representing the State agency and the
area agencies on aging in the State, and the State and local
workforce investment boards established under title I of the
Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.);
``(B) individuals representing public and nonprofit private
agencies and organizations providing employment services,
including each grantee operating a project under this title in
the State; and
``(C) individuals representing social service organizations
providing services to older individuals, grantees under title
III of this Act, affected communities, unemployed older
individuals, community-based organizations serving the needs of
older individuals, business organizations, and labor
organizations.
``(3) Comments.--Any State plan submitted by the Governor in
accordance with paragraph (1) shall be accompanied by copies of
public comments relating to the plan received pursuant to paragraph
(7), and a summary of the comments.
``(4) Plan provisions.--The State plan shall identify and
address--
``(A) the relationship that the number of eligible
individuals in each area bears to the total number of eligible
individuals, respectively, in the State;
``(B) the relative distribution of eligible individuals
residing in rural and urban areas in the State; and
``(C) the relative distribution of--
``(i) eligible individuals who are individuals with
greatest economic need;
``(ii) eligible individuals who are minority
individuals;
``(iii) eligible individuals who are limited English
proficient; and
``(iv) eligible individuals who are individuals with
greatest social need;
``(D) the current and projected employment opportunities in
the State (such as by providing information available under
section 15 of the Wagner-Peyser Act (29 U.S.C. 49l-2) by
occupation), and the type of skills possessed by local eligible
individuals;
``(E) the localities and populations for which projects of
the type authorized by this title are most needed; and
``(F) plans for facilitating the coordination of activities
of grantees in the State under this title with activities
carried out in the State under title I of the Workforce
Investment Act of 1998 (29 U.S.C. 2801 et seq.).
``(5) Governor's recommendations.--Before a proposal for a
grant under this title for any fiscal year is submitted to the
Secretary, the Governor of the State in which projects are proposed
to be conducted under such grant shall be afforded a reasonable
opportunity to submit to the Secretary--
``(A) recommendations regarding the anticipated effect of
each such proposal upon the overall distribution of enrollment
positions under this title in the State (including such
distribution among urban and rural areas), taking into account
the total number of positions to be provided by all grantees in
the State;
``(B) any recommendations for redistribution of positions
to underserved areas as vacancies occur in previously
encumbered positions in other areas; and
``(C) in the case of any increase in funding that may be
available for use in the State under this title for the fiscal
year, any recommendations for distribution of newly available
positions in excess of those available during the preceding
year to underserved areas.
``(6) Disruptions.--In developing a plan or considering a
recommendation under this subsection, the Governor shall avoid
disruptions in the provision of services for participants to the
greatest possible extent.
``(7) Determination; review.--
``(A) Determination.--In order to effectively carry out
this title, each State shall make the State plan available for
public comment. The Secretary, in consultation with the
Assistant Secretary, shall review the plan and make a written
determination with findings and a decision regarding the plan.
``(B) Review.--The Secretary may review, on the Secretary's
own initiative or at the request of any public or private
agency or organization or of any agency of the State, the
distribution of projects and services under this title in the
State, including the distribution between urban and rural areas
in the State. For each proposed reallocation of projects or
services in a State, the Secretary shall give notice and
opportunity for public comment.
``(8) Exemption.--The grantees that serve eligible individuals
who are older Indians or Pacific Island and Asian Americans with
funds reserved under section 506(a)(3) may not be required to
participate in the State planning processes described in this
section but shall collaborate with the Secretary to develop a plan
for projects and services to eligible individuals who are Indians
or Pacific Island and Asian Americans, respectively.
``(b) Coordination With Other Federal Programs.--
``(1) In general.--The Secretary and the Assistant Secretary
shall coordinate the program carried out under this title with
programs carried out under other titles of this Act, to increase
employment opportunities available to older individuals.
``(2) Programs.--
``(A) In general.--The Secretary shall coordinate programs
carried out under this title with the program carried out under
the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.),
the Community Services Block Grant Act (42 U.S.C. 9901 et
seq.), the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.),
the Carl D. Perkins Career and Technical Education Act of 2006
(20 U.S.C. 2301 et seq.), the National and Community Service
Act of 1990 (42 U.S.C. 12501 et seq.), and the Domestic
Volunteer Service Act of 1973 (42 U.S.C. 4950 et seq.). The
Secretary shall coordinate the administration of this title
with the administration of other titles of this Act by the
Assistant Secretary to increase the likelihood that eligible
individuals for whom employment opportunities under this title
are available and who need services under such titles receive
such services.
``(B) Use of funds.--
``(i) Prohibition.--Funds appropriated to carry out
this title may not be used to carry out any program under
the Workforce Investment Act of 1998, the Community
Services Block Grant Act, the Rehabilitation Act of 1973,
the Carl D. Perkins Career and Technical Education Act of
2006, the National and Community Service Act of 1990, or
the Domestic Volunteer Service Act of 1973.
``(ii) Joint activities.--Clause (i) shall not be
construed to prohibit carrying out projects under this
title jointly with programs, projects, or activities under
any Act specified in clause (i), or from carrying out
section 511.
``(3) Informational materials on age discrimination.--The
Secretary shall distribute to grantees under this title, for
distribution to program participants, and at no cost to grantees or
participants, informational materials developed and supplied by the
Equal Employment Opportunity Commission and other appropriate
Federal agencies that the Secretary determines are designed to help
participants identify age discrimination and to understand their
rights under the Age Discrimination in Employment Act of 1967 (29
U.S.C. 621 et seq.).
``(c) Use of Services, Equipment, Personnel, and Facilities.--In
carrying out this title, the Secretary may use the services, equipment,
personnel, and facilities of Federal and other agencies, with their
consent, with or without reimbursement, and on a similar basis
cooperate with other public and nonprofit private agencies and
organizations in the use of services, equipment, and facilities.
``(d) Payments.--Payments under this title may be made in advance
or by way of reimbursement and in such installments as the Secretary
may determine.
``(e) No Delegation of Functions.--The Secretary shall not delegate
any function of the Secretary under this title to any other Federal
officer or entity.
``(f) Compliance.--
``(1) Monitoring.--The Secretary shall monitor projects for
which grants are made under this title to determine whether the
grantees are complying with rules and regulations issued to carry
out this title (including the statewide planning, consultation, and
coordination requirements of this title).
``(2) Compliance with uniform cost principles and
administrative requirements.--Each grantee that receives funds
under this title shall comply with the applicable uniform cost
principles and appropriate administrative requirements for grants
and contracts that are applicable to the type of entity that
receives funds, as issued as circulars or rules of the Office of
Management and Budget.
``(3) Reports.--Each grantee described in paragraph (2) shall
prepare and submit a report in such manner and containing such
information as the Secretary may require regarding activities
carried out under this title.
``(4) Records.--Each grantee described in paragraph (2) shall
keep records that--
``(A) are sufficient to permit the preparation of reports
required by this title;
``(B) are sufficient to permit the tracing of funds to a
level of expenditure adequate to ensure that the funds have not
been spent unlawfully; and
``(C) contain any other information that the Secretary
determines to be appropriate.
``(g) Evaluations.--The Secretary shall establish by rule and
implement a process to evaluate, in accordance with section 513, the
performance of projects carried out and services provided under this
title. The Secretary shall report to Congress, and make available to
the public, the results of each such evaluation and shall use such
evaluation to improve services delivered by, or the operation of,
projects carried out under this title.
``SEC. 504. PARTICIPANTS NOT FEDERAL EMPLOYEES.
``(a) Inapplicability of Certain Provisions Covering Federal
Employees.--Eligible individuals who are participants in any project
funded under this title shall not be considered to be Federal employees
as a result of such participation and shall not be subject to part III
of title 5, United States Code.
``(b) Workers' Compensation.--No grant or subgrant shall be made
and no contract or subcontract shall be entered into under this title
with an entity who is, or whose employees are, under State law,
exempted from operation of the State workers' compensation law,
generally applicable to employees, unless the entity shall undertake to
provide either through insurance by a recognized carrier or by self-
insurance, as authorized by State law, that the persons employed under
the grant, subgrant, contract, or subcontract shall enjoy workers'
compensation coverage equal to that provided by law for covered
employment.
``SEC. 505. INTERAGENCY COOPERATION.
``(a) Consultation With the Assistant Secretary.--The Secretary
shall consult with and obtain the written views of the Assistant
Secretary before issuing rules and before establishing general policy
in the administration of this title.
``(b) Consultation With Heads of Other Agencies.--The Secretary
shall consult and cooperate with the Secretary of Health and Human
Services (acting through officers including the Director of the Office
of Community Services), and the heads of other Federal agencies that
carry out programs related to the program carried out under this title,
in order to achieve optimal coordination of the program carried out
under this title with such related programs. Each head of a Federal
agency shall cooperate with the Secretary in disseminating information
relating to the availability of assistance under this title and in
promoting the identification and interests of individuals eligible for
employment in projects assisted under this title.
``(c) Coordination.--
``(1) In general.--The Secretary shall promote and coordinate
efforts to carry out projects under this title jointly with
programs, projects, or activities carried out under other Acts,
especially activities provided under the Workforce Investment Act
of 1998 (29 U.S.C. 2801 et seq.), including activities provided
through one-stop delivery systems established under section 134(c))
of such Act (29 U.S.C. 2864(c)), that provide training and
employment opportunities to eligible individuals.
``(2) Coordination with certain activities.--The Secretary
shall consult with the Secretary of Education to promote and
coordinate efforts to carry out projects under this title jointly
with activities in which eligible individuals may participate that
are carried out under the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2301 et seq.).
``SEC. 506. DISTRIBUTION OF ASSISTANCE.
``(a) Reservations.--
``(1) Reservation for pilot demonstration and evaluation
projects.--Of the funds appropriated to carry out this title for
each fiscal year, the Secretary may first reserve not more than 1.5
percent to carry out demonstration projects, pilot projects, and
evaluation projects under section 502(e).
``(2) Reservation for territories.--Of the funds appropriated
to carry out this title for each fiscal year, the Secretary shall
reserve 0.75 percent, of which--
``(A) Guam, American Samoa, and the United States Virgin
Islands shall each receive 30 percent of the funds so reserved;
and
``(B) the Commonwealth of the Northern Mariana Islands
shall receive 10 percent of the funds so reserved.
``(3) Reservation for organizations.--Of the funds appropriated
to carry out this title for each fiscal year, the Secretary shall
reserve such amount as may be necessary to make national grants to
public or nonprofit national Indian aging organizations with the
ability to provide community service employment and other
authorized activities for eligible individuals who are Indians and
to national public or nonprofit Pacific Island and Asian American
aging organizations with the ability to provide community service
employment and other authorized activities for eligible individuals
who are Pacific Island and Asian Americans.
``(b) State Allotments.--The allotment for each State shall be the
sum of the amounts allotted for national grants in such State under
subsection (d) and for the grant to such State under subsection (e).
``(c) Division Between National Grants and Grants to States.--The
funds appropriated to carry out this title for any fiscal year that
remain after amounts are reserved under paragraphs (1), (2), and (3) of
subsection (a) shall be divided by the Secretary between national
grants and grants to States as follows:
``(1) Reservation of funds for fiscal year 2000 level of
activities.--
``(A) In general.--The Secretary shall reserve the amount
of funds necessary to maintain the fiscal year 2000 level of
activities supported by grantees that operate under this title
under national grants from the Secretary, and the fiscal year
2000 level of activities supported by State grantees under this
title, in proportion to their respective fiscal year 2000
levels of activities.
``(B) Insufficient appropriations.--If in any fiscal year
the funds appropriated to carry out this title are insufficient
to satisfy the requirement specified in subparagraph (A), then
the amount described in subparagraph (A) shall be reduced
proportionally.
``(2) Funding in excess of fiscal year 2000 level of
activities.--
``(A) Up to $35,000,000.--The amount of funds remaining (if
any) after the application of paragraph (1), but not to exceed
$35,000,000, shall be divided so that 75 percent shall be
provided to State grantees and 25 percent shall be provided to
grantees that operate under this title under national grants
from the Secretary.
``(B) Over $35,000,000.--The amount of funds remaining (if
any) after the application of subparagraph (A) shall be divided
so that 50 percent shall be provided to State grantees and 50
percent shall be provided to grantees that operate under this
title under national grants from the Secretary.
``(d) Allotments for National Grants.--From funds available under
subsection (c) for national grants, the Secretary shall allot for
public and nonprofit private agency and organization grantees that
operate under this title under national grants from the Secretary in
each State, an amount that bears the same ratio to such funds as the
product of the number of individuals age 55 or older in the State and
the allotment percentage of such State bears to the sum of the
corresponding products for all States, except as follows:
``(1) Minimum allotment.--No State shall be provided an amount
under this subsection that is less than \1/2\ of 1 percent of the
amount provided under subsection (c) for public and nonprofit
private agency and organization grantees that operate under this
title under national grants from the Secretary in all of the
States.
``(2) Hold harmless.--If such amount provided under subsection
(c) is--
``(A) equal to or less than the amount necessary to
maintain the fiscal year 2000 level of activities, allotments
for grantees that operate under this title under national
grants from the Secretary in each State shall be proportional
to the amount necessary to maintain their fiscal year 2000
level of activities; or
``(B) greater than the amount necessary to maintain the
fiscal year 2000 level of activities, no State shall be
provided a percentage increase above the amount necessary to
maintain the fiscal year 2000 level of activities for grantees
that operate under this title under national grants from the
Secretary in the State that is less than 30 percent of the
percentage increase above the amount necessary to maintain the
fiscal year 2000 level of activities for public and private
nonprofit agency and organization grantees that operate under
this title under national grants from the Secretary in all of
the States.
``(3) Reduction.--Allotments for States not affected by
paragraphs (1) and (2)(B) shall be reduced proportionally to
satisfy the conditions in such paragraphs.
``(e) Allotments for Grants to States.--From the amount provided
for grants to States under subsection (c), the Secretary shall allot
for the State grantee in each State an amount that bears the same ratio
to such amount as the product of the number of individuals age 55 or
older in the State and the allotment percentage of such State bears to
the sum of the corresponding products for all States, except as
follows:
``(1) Minimum allotment.--No State shall be provided an amount
under this subsection that is less than \1/2\ of 1 percent of the
amount provided under subsection (c) for State grantees in all of
the States.
``(2) Hold harmless.--If such amount provided under subsection
(c) is--
``(A) equal to or less than the amount necessary to
maintain the fiscal year 2000 level of activities, allotments
for State grantees in each State shall be proportional to the
amount necessary to maintain their fiscal year 2000 level of
activities; or
``(B) greater than the amount necessary to maintain the
fiscal year 2000 level of activities, no State shall be
provided a percentage increase above the amount necessary to
maintain the fiscal year 2000 level of activities for State
grantees in the State that is less than 30 percent of the
percentage increase above the amount necessary to maintain the
fiscal year 2000 level of activities for State grantees in all
of the States.
``(3) Reduction.--Allotments for States not affected by
paragraphs (1) and (2)(B) shall be reduced proportionally to
satisfy the conditions in such paragraphs.
``(f) Allotment Percentage.--For purposes of subsections (d) and
(e) and this subsection--
``(1) the allotment percentage of each State shall be 100
percent less that percentage that bears the same ratio to 50
percent as the per capita income of such State bears to the per
capita income of the United States, except that--
``(A) the allotment percentage shall be not more than 75
percent and not less than 33 percent; and
``(B) the allotment percentage for the District of Columbia
and the Commonwealth of Puerto Rico shall be 75 percent;
``(2) the number of individuals age 55 or older in any State
and in all States, and the per capita income in any State and in
all States, shall be determined by the Secretary on the basis of
the most satisfactory data available to the Secretary; and
``(3) for the purpose of determining the allotment percentage,
the term `United States' means the 50 States, and the District of
Columbia.
``(g) Definitions.--In this section:
``(1) Cost per authorized position.--The term `cost per
authorized position' means the sum of--
``(A) the hourly minimum wage rate specified in section
6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C.
206(a)(1)), multiplied by the number of hours equal to the
product of 21 hours and 52 weeks;
``(B) an amount equal to 11 percent of the amount specified
under subparagraph (A), for the purpose of covering Federal
payments for fringe benefits; and
``(C) an amount determined by the Secretary, for the
purpose of covering Federal payments for the remainder of all
other program and administrative costs.
``(2) Fiscal year 2000 level of activities.--The term `fiscal
year 2000 level of activities' means--
``(A) with respect to public and nonprofit private agency
and organization grantees that operate under this title under
national grants from the Secretary, their level of activities
for fiscal year 2000; and
``(B) with respect to State grantees, their level of
activities for fiscal year 2000.
``(3) Grants to states.--The term `grants to States' means
grants made under this title by the Secretary to the States.
``(4) Level of activities.--The term `level of activities'
means the number of authorized positions multiplied by the cost per
authorized position.
``(5) National grants.--The term `national grants' means grants
made under this title by the Secretary to public and nonprofit
private agency and organization grantees that operate under this
title.
``(6) State.--The term `State' does not include Guam, American
Samoa, the Commonwealth of the Northern Mariana Islands, and the
United States Virgin Islands.
``SEC. 507. EQUITABLE DISTRIBUTION.
``(a) Interstate Allocation.--In making grants under section 502(b)
from allotments made under section 506, the Secretary shall ensure, to
the extent feasible, an equitable distribution of activities under such
grants, in the aggregate, among the States, taking into account the
needs of underserved States.
``(b) Intrastate Allocation.--The amount allocated for projects
within each State under section 506 shall be allocated among areas in
the State in an equitable manner, taking into consideration the State
priorities set out in the State plan in effect under section 503(a).
``SEC. 508. REPORT.
``To carry out the Secretary's responsibilities for reporting in
section 503(g), the Secretary shall require the State agency for each
State that receives funds under this title to prepare and submit a
report at the beginning of each fiscal year on such State's compliance
with section 507(b). Such report shall include the names and geographic
location of all projects assisted under this title and carried out in
the State and the amount allocated to each such project under section
506.
``SEC. 509. EMPLOYMENT ASSISTANCE AND FEDERAL HOUSING AND FOOD STAMP
PROGRAMS.
``Funds received by eligible individuals from projects carried out
under the program established under this title shall not be considered
to be income of such individuals for purposes of determining the
eligibility of such individuals, or of any other individuals, to
participate in any housing program for which Federal funds may be
available or for any income determination under the Food Stamp Act of
1977 (7 U.S.C. 2011 et seq.).
``SEC. 510. ELIGIBILITY FOR WORKFORCE INVESTMENT ACTIVITIES.
``Eligible individuals under this title may be considered by local
workforce investment boards and one-stop operators established under
title I of the Workforce Investment Act of 1998 (29 U.S.C. 2801 et
seq.) to satisfy the requirements for receiving services under such
title I that are applicable to adults.
``SEC. 511. COORDINATION WITH THE WORKFORCE INVESTMENT ACT OF 1998.
``(a) Partners.--Grantees under this title shall be one-stop
partners as described in subparagraphs (A) and (B)(vi) of section
121(b)(1) of the Workforce Investment Act of 1998 (29 U.S.C.
2841(b)(1)) in the one-stop delivery system established under section
134(c) of such Act (29 U.S.C. 2864(c)) for the appropriate local
workforce investment areas, and shall carry out the responsibilities
relating to such partners.
``(b) Coordination.--In local workforce investment areas where more
than 1 grantee under this title provides services, the grantees shall--
``(1) coordinate their activities related to the one-stop
delivery systems; and
``(2) be signatories of the memorandum of understanding
established under section 121(c) of the Workforce Investment Act of
1998 (29 U.S.C. 2841(c)).
``SEC. 512. TREATMENT OF ASSISTANCE.
``Assistance provided under this title shall not be considered to
be financial assistance described in section 245A(h)(1)(A) of the
Immigration and Nationality Act (8 U.S.C. 1255a(h)(1)(A)).
``SEC. 513. PERFORMANCE.
``(a) Measures and Indicators.--
``(1) Establishment and implementation of measures and
indicators.--The Secretary shall establish and implement, after
consultation with grantees, subgrantees, and host agencies under
this title, States, older individuals, area agencies on aging, and
other organizations serving older individuals, core measures of
performance and additional indicators of performance for each
grantee for projects and services carried out under this title. The
core measures of performance and additional indicators of
performance shall be applicable to each grantee under this title
without regard to whether such grantee operates the program
directly or through subcontracts, subgrants, or agreements with
other entities.
``(2) Content.--
``(A) Composition of measures and indicators.--
``(i) Measures.--The core measures of performance
established by the Secretary in accordance with paragraph
(1) shall consist of core indicators of performance
specified in subsection (b)(1) and the expected levels of
performance applicable to each core indicator of
performance.
``(ii) Additional indicators.--The additional
indicators of performance established by the Secretary in
accordance with paragraph (1) shall be the additional
indicators of performance specified in subsection (b)(2).
``(B) Continuous improvement.--The measures described in
subparagraph (A)(i) shall be designed to promote continuous
improvement in performance.
``(C) Expected levels of performance.--The Secretary and
each grantee shall reach agreement on the expected levels of
performance for each program year for each of the core
indicators of performance specified in subparagraph (A)(i). The
agreement shall take into account the requirement of
subparagraph (B) and the factors described in subparagraph (D),
and other appropriate factors as determined by the Secretary,
and shall be consistent with the requirements of subparagraph
(E). Funds may not be awarded under the grant until such
agreement is reached. At the conclusion of negotiations
concerning the levels with all grantees, the Secretary shall
make available for public review the final negotiated expected
levels of performance for each grantee, including any comments
submitted by the grantee regarding the grantee's satisfaction
with the negotiated levels.
``(D) Adjustment.--The expected levels of performance
described in subparagraph (C) applicable to a grantee shall be
adjusted after the agreement under subparagraph (C) has been
reached only with respect to the following factors:
``(i) High rates of unemployment or of poverty or
participation in the program of block grants to States for
temporary assistance for needy families established under
part A of title IV of the Social Security Act (42 U.S.C.
601 et seq.), in the areas served by a grantee, relative to
other areas of the State involved or Nation.
``(ii) Significant downturns in the areas served by the
grantee or in the national economy.
``(iii) Significant numbers or proportions of
participants with 1 or more barriers to employment,
including individuals described in subsection (a)(3)(B)(ii)
or (b)(2) of section 518, served by a grantee relative to
such numbers or proportions for grantees serving other
areas of the State or Nation.
``(iv) Changes in Federal, State, or local minimum wage
requirements.
``(v) Limited economies of scale for the provision of
community service employment and other authorized
activities in the areas served by the grantee.
``(E) Placement.--
``(i) Level of performance.--For all grantees, the
Secretary shall establish an expected level of performance
of not less than the percentage specified in clause (ii)
(adjusted in accordance with subparagraph (D)) for the
entry into unsubsidized employment core indicator of
performance described in subsection (b)(1)(B).
``(ii) Required placement percentages.--The minimum
percentage for the expected level of performance for the
entry into unsubsidized employment core indicator of
performance described in subsection (b)(1)(B) is--
``(I) 21 percent for fiscal year 2007;
``(II) 22 percent for fiscal year 2008;
``(III) 23 percent for fiscal year 2009;
``(IV) 24 percent for fiscal year 2010; and
``(V) 25 percent for fiscal year 2011.
``(3) Limitation.--An agreement to be evaluated on the core
measures of performance and to report information on the additional
indicators of performance shall be a requirement for application
for, and a condition of, all grants authorized by this title.
``(b) Indicators of Performance.--
``(1) Core indicators.--The core indicators of performance
described in subsection (a)(2)(A)(i) shall consist of--
``(A) hours (in the aggregate) of community service
employment;
``(B) entry into unsubsidized employment;
``(C) retention in unsubsidized employment for 6 months;
``(D) earnings; and
``(E) the number of eligible individuals served, including
the number of participating individuals described in subsection
(a)(3)(B)(ii) or (b)(2) of section 518.
``(2) Additional indicators.--The additional indicators of
performance described in subsection (a)(2)(A)(ii) shall consist
of--
``(A) retention in unsubsidized employment for 1 year;
``(B) satisfaction of the participants, employers, and
their host agencies with their experiences and the services
provided;
``(C) any other indicators of performance that the
Secretary determines to be appropriate to evaluate services and
performance.
``(3) Definitions of indicators.--The Secretary, after
consultation with national and State grantees, representatives of
business and labor organizations, and providers of services, shall,
by regulation, issue definitions of the indicators of performance
described in paragraphs (1) and (2).
``(c) Evaluation.--The Secretary shall--
``(1) annually evaluate, and publish and make available for
public review information on, the actual performance of each
grantee with respect to the levels achieved for each of the core
indicators of performance, compared to the expected levels of
performance established under subsection (a)(2)(C) (including any
adjustments to such levels made in accordance with subsection
(a)(2)(D)); and
``(2) annually publish and make available for public review
information on the actual performance of each grantee with respect
to the levels achieved for each of the additional indicators of
performance.
``(d) Technical Assistance and Corrective Efforts.--
``(1) Initial determinations.--
``(A) In general.--As soon as practicable after July 1,
2007, the Secretary shall determine if a grantee under this
title has, for program year 2006--
``(i) met the expected levels of performance
established under subsection (a)(2)(C) (including any
adjustments to such levels made in accordance with
subsection (a)(2)(D)) for the core indicators of
performance described in subparagraphs (A), (C), (D), and
(E) of subsection (b)(1); and
``(ii) achieved the applicable percentage specified in
subsection (a)(2)(E)(ii) for the core indicator of
performance described in subsection (b)(1)(B).
``(B) Technical assistance.--If the Secretary determines
that the grantee, for program year 2006--
``(i) failed to meet the expected levels of performance
described in subparagraph (A)(i); or
``(ii) failed to achieve the applicable percentage
described in subparagraph (A)(ii),
the Secretary shall provide technical assistance to assist the
grantee to meet the expected levels of performance and achieve
the applicable percentage.
``(2) National grantees.--
``(A) In general.--Not later than 120 days after the end of
each program year, the Secretary shall determine if a national
grantee awarded a grant under section 502(b) in accordance with
section 514 has met the expected levels of performance
established under subsection (a)(2)(C) (including any
adjustments to such levels made in accordance with subsection
(a)(2)(D)) for the core indicators of performance described in
subsection (b)(1).
``(B) Technical assistance and corrective action plan.--
``(i) In general.--If the Secretary determines that a
national grantee fails to meet the expected levels of
performance described in subparagraph (A), the Secretary
after each year of such failure, shall provide technical
assistance and require such grantee to submit a corrective
action plan not later than 160 days after the end of the
program year.
``(ii) Content.--The plan submitted under clause (i)
shall detail the steps the grantee will take to meet the
expected levels of performance in the next program year.
``(iii) Recompetition.--Any grantee who has failed to
meet the expected levels of performance for 4 consecutive
years (beginning with program year 2007) shall not be
allowed to compete in the subsequent grant competition
under section 514 following the fourth consecutive year of
failure but may compete in the next such grant competition
after that subsequent competition.
``(3) State grantees.--
``(A) In general.--Not later than 120 days after the end of
each program year, the Secretary shall determine if a State
grantee allotted funds under section 506(e) has met the
expected levels of performance established under subsection
(a)(2)(C) (including any adjustments to such levels made in
accordance with subsection (a)(2)(D)) for the core indicators
of performance described in subsection (b)(1).
``(B) Technical assistance and corrective action plan.--
``(i) In general.--If the Secretary determines that a
State fails to meet the expected levels of performance
described in subparagraph (A), the Secretary, after each
year of such failure, shall provide technical assistance
and require the State to submit a corrective action plan
not later than 160 days after the end of the program year.
``(ii) Content.--The plan submitted under clause (i)
shall detail the steps the State will take to meet the
expected levels of performance in the next program year.
``(iii) Competition.--If the Secretary determines that
the State fails to meet the expected levels of performance
described in subparagraph (A) for 3 consecutive program
years (beginning with program year 2007), the Secretary
shall provide for the conduct by the State of a competition
to award the funds allotted to the State under section
506(e) for the first full program year following the
Secretary's determination.
``(4) Special rule for establishment and implementation.--The
Secretary shall establish and implement the core measures of
performance and additional indicators of performance described in
this section, including all required indicators described in
subsection (b), not later than July 1, 2007.
``(e) Impact on Grant Competition.--The Secretary may not publish a
notice announcing a grant competition under this title, and solicit
proposals for grants, until the day that is the later of--
``(1) the date on which the Secretary implements the core
measures of performance and additional indicators of performance
described in this section; and
``(2) January 1, 2010.
``SEC. 514. COMPETITIVE REQUIREMENTS RELATING TO GRANT AWARDS.
``(a) Program Authorized.--
``(1) Initial approval of grant applications.--From the funds
available for national grants under section 506(d), the Secretary
shall award grants under section 502(b) to eligible applicants,
through a competitive process that emphasizes meeting performance
requirements, to carry out projects under this title for a period
of 4 years, except as provided in paragraph (2). The Secretary may
not conduct a grant competition under this title until the day
described in section 513(e).
``(2) Continuation of approval based on performance.--If the
recipient of a grant made under paragraph (1) meets the expected
levels of performance described in section 513(d)(2)(A) for each
year of such 4-year period with respect to a project, the Secretary
may award a grant under section 502(b) to such recipient to
continue such project beyond such 4-year period for 1 additional
year without regard to such process.
``(b) Eligible Applicants.--An applicant shall be eligible to
receive a grant under section 502(b) in accordance with subsections
(a), (c), and (d).
``(c) Criteria.--For purposes of subsection (a)(1), the Secretary
shall select the eligible applicants to receive grants based on the
following:
``(1) The applicant's ability to administer a project that
serves the greatest number of eligible individuals, giving
particular consideration to individuals with greatest economic
need, individuals with greatest social need, and individuals
described in subsection (a)(3)(B)(ii) or (b)(2) of section 518.
``(2) The applicant's ability to administer a project that
provides employment for eligible individuals in the communities in
which such individuals reside, or in nearby communities, that will
contribute to the general welfare of the communities involved.
``(3) The applicant's ability to administer a project that
moves eligible individuals into unsubsidized employment.
``(4) The applicant's prior performance, if any, in meeting
core measures of performance and addressing additional indicators
of performance under this title and the applicant's ability to
address core indicators of performance and additional indicators of
performance under this title and under other Federal or State
programs in the case of an applicant that has not previously
received a grant under this title.
``(5) The applicant's ability to move individuals with multiple
barriers to employment, including individuals described in
subsection (a)(3)(B)(ii) or (b)(2) of section 518, into
unsubsidized employment.
``(6) The applicant's ability to coordinate activities with
other organizations at the State and local level.
``(7) The applicant's plan for fiscal management of the project
to be administered with funds received in accordance with this
section.
``(8) The applicant's ability to administer a project that
provides community service.
``(9) The applicant's ability to minimize disruption in
services for participants and in community services provided.
``(10) Any additional criteria that the Secretary considers to
be appropriate in order to minimize disruption in services for
participants.
``(d) Responsibility Tests.--
``(1) In general.--Before final selection of a grantee, the
Secretary shall conduct a review of available records to assess the
applicant's overall responsibility to administer Federal funds.
``(2) Review.--As part of the review described in paragraph
(1), the Secretary may consider any information, including the
applicant's history with regard to the management of other grants.
``(3) Failure to satisfy test.--The failure to satisfy a
responsibility test with respect to any 1 factor that is listed in
paragraph (4), excluding those listed in subparagraphs (A) and (B)
of such paragraph, does not establish that the applicant is not
responsible unless such failure is substantial or persists for 2 or
more consecutive years.
``(4) Test.--The responsibility tests include review of the
following factors:
``(A) Unsuccessful efforts by the applicant to recover
debts, after 3 demand letters have been sent, that are
established by final agency action, or a failure to comply with
an approved repayment plan.
``(B) Established fraud or criminal activity of a
significant nature within the organization or agency involved.
``(C) Serious administrative deficiencies identified by the
Secretary, such as failure to maintain a financial management
system as required by Federal rules or regulations.
``(D) Willful obstruction of the audit process.
``(E) Failure to provide services to participants for a
current or recent grant or to meet applicable core measures of
performance or address applicable indicators of performance.
``(F) Failure to correct deficiencies brought to the
grantee's attention in writing as a result of monitoring
activities, reviews, assessments, or other activities.
``(G) Failure to return a grant closeout package or
outstanding advances within 90 days of the grant expiration
date or receipt of the closeout package, whichever is later,
unless an extension has been requested and granted.
``(H) Failure to submit required reports.
``(I) Failure to properly report and dispose of Government
property as instructed by the Secretary.
``(J) Failure to have maintained effective cash management
or cost controls resulting in excess cash on hand.
``(K) Failure to ensure that a subrecipient complies with
its Office of Management and Budget Circular A-133 audit
requirements specified at section 667.200(b) of title 20, Code
of Federal Regulations.
``(L) Failure to audit a subrecipient within the required
period.
``(M) Final disallowed costs in excess of 5 percent of the
grant or contract award if, in the judgment of the grant
officer, the disallowances are egregious.
``(N) Failure to establish a mechanism to resolve a
subrecipient's audit in a timely fashion.
``(5) Determination.--Applicants that are determined to be not
responsible shall not be selected as grantees.
``(6) Disallowed costs.--Interest on disallowed costs shall
accrue in accordance with the Debt Collection Improvement Act of
1996, including the amendments made by that Act.
``(e) Grantees Serving Individuals With Barriers to Employment.--
``(1) Definition.--In this subsection, the term `individuals
with barriers to employment' means minority individuals, Indian
individuals, individuals with greatest economic need, and
individuals described in subsection (a)(3)(B)(ii) or (b)(2) of
section 518.
``(2) Special consideration.--In areas where a substantial
population of individuals with barriers to employment exists, a
grantee that receives a national grant in accordance with this
section shall, in selecting subgrantees, give special consideration
to organizations (including former recipients of such national
grants) with demonstrated expertise in serving individuals with
barriers to employment.
``(f) Minority-Serving Grantees.--The Secretary may not promulgate
rules or regulations affecting grantees in areas where a substantial
population of minority individuals exists, that would significantly
compromise the ability of the grantees to serve their targeted
population of minority older individuals.
``SEC. 515. REPORT ON SERVICE TO MINORITY INDIVIDUALS.
``(a) In General.--The Secretary shall annually prepare a report on
the levels of participation and performance outcomes of minority
individuals served by the program carried out under this title.
``(b) Contents.--
``(1) Organization and data.--Such report shall present
information on the levels of participation and the outcomes
achieved by such minority individuals with respect to each grantee
under this title, by service area, and in the aggregate, beginning
with data that applies to program year 2005.
``(2) Efforts.--The report shall also include a description of
each grantee's efforts to serve minority individuals, based on
information submitted to the Secretary by each grantee at such time
and in such manner as the Secretary determines to be appropriate.
``(3) Related matters.--The report shall also include--
``(A) an assessment of individual grantees based on the
criteria established under subsection (c);
``(B) an analysis of whether any changes in grantees have
affected participation rates of such minority individuals;
``(C) information on factors affecting participation rates
among such minority individuals; and
``(D) recommendations for increasing participation of
minority individuals in the program.
``(c) Criteria.--The Secretary shall establish criteria for
determining the effectiveness of grantees in serving minority
individuals in accordance with the goals set forth in section
502(a)(1).
``(d) Submission.--The Secretary shall annually submit such a
report to the appropriate committees of Congress.
``SEC. 516. SENSE OF CONGRESS.
``It is the sense of Congress that--
``(1) the older American community service employment program
described in this title was established with the intent of placing
older individuals in community service positions and providing job
training; and
``(2) placing older individuals in community service positions
strengthens the ability of the individuals to become self-
sufficient, provides much-needed support to organizations that
benefit from increased civic engagement, and strengthens the
communities that are served by such organizations.
``SEC. 517. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated to carry
out this title such sums as may be necessary for fiscal years 2007,
2008, 2009, 2010, and 2011.
``(b) Obligation.--Amounts appropriated under this section for any
fiscal year shall be available for obligation during the annual period
that begins on July 1 of the calendar year immediately following the
beginning of such fiscal year and that ends on June 30 of the following
calendar year. The Secretary may extend the period during which such
amounts may be obligated or expended in the case of a particular
organization or agency that receives funds under this title if the
Secretary determines that such extension is necessary to ensure the
effective use of such funds by such organization or agency.
``(c) Recapturing Funds.--At the end of the program year, the
Secretary may recapture any unexpended funds for the program year, and
reobligate such funds within the 2 succeeding program years for--
``(1) incentive grants to entities that are State grantees or
national grantees under section 502(b);
``(2) technical assistance; or
``(3) grants or contracts for any other activity under this
title.
``SEC. 518. DEFINITIONS AND RULE.
``(a) Definitions.--For purposes of this title:
``(1) Community service.--The term `community service' means--
``(A) social, health, welfare, and educational services
(including literacy tutoring), legal and other counseling
services and assistance, including tax counseling and
assistance and financial counseling, and library, recreational,
and other similar services;
``(B) conservation, maintenance, or restoration of natural
resources;
``(C) community betterment or beautification;
``(D) antipollution and environmental quality efforts;
``(E) weatherization activities;
``(F) economic development; and
``(G) such other services essential and necessary to the
community as the Secretary determines by rule to be
appropriate.
``(2) Community service employment.--The term `community
service employment' means part-time, temporary employment paid with
grant funds in projects described in section 502(b)(1)(D), through
which eligible individuals are engaged in community service and
receive work experience and job skills that can lead to
unsubsidized employment.
``(3) Eligible individual.--
``(A) In general.--The term `eligible individual' means an
individual who is age 55 or older and who has a low income
(including any such individual whose income is not more than
125 percent of the poverty line), excluding any income that is
unemployment compensation, a benefit received under title XVI
of the Social Security Act (42 U.S.C. 1381 et seq.), a payment
made to or on behalf of veterans or former members of the Armed
Forces under the laws administered by the Secretary of Veterans
Affairs, or 25 percent of a benefit received under title II of
the Social Security Act (42 U.S.C. 401 et seq.), subject to
subsection (b).
``(B) Participation.--
``(i) Exclusion.--Notwithstanding any other provision
of this paragraph, the term `eligible individual' does not
include an individual who has participated in projects
under this title for a period of 48 months in the aggregate
(whether or not consecutive) after July 1, 2007, unless the
period was increased as described in clause (ii).
``(ii) Increased periods of participation.--The
Secretary shall authorize a grantee for a project to
increase the period of participation described in clause
(i), pursuant to a request submitted by the grantee, for
individuals who--
``(I) have a severe disability;
``(II) are frail or are age 75 or older;
``(III) meet the eligibility requirements related
to age for, but do not receive, benefits under title II
of the Social Security Act (42 U.S.C. 401 et seq.);
``(IV) live in an area with persistent unemployment
and are individuals with severely limited employment
prospects; or
``(V) have limited English proficiency or low
literacy skills.
``(4) Income.--In this section, the term `income' means income
received during the 12-month period (or, at the option of the
grantee involved, the annualized income for the 6-month period)
ending on the date an eligible individual submits an application to
participate in a project carried out under this title by such
grantee.
``(5) Pacific island and asian americans.--The term `Pacific
Island and Asian Americans' means Americans having origins in any
of the original peoples of the Far East, Southeast Asia, the Indian
Subcontinent, or the Pacific Islands.
``(6) Program.--The term `program' means the older American
community service employment program established under this title.
``(7) Supportive services.--The term `supportive services'
means services, such as transportation, child care, dependent care,
housing, and needs-related payments, that are necessary to enable
an individual to participate in activities authorized under this
title, consistent with the provisions of this title.
``(8) Unemployed.--The term `unemployed', used with respect to
a person or individual, means an individual who is without a job
and who wants and is available for work, including an individual
who may have occasional employment that does not result in a
constant source of income.
``(b) Rule.--Pursuant to regulations prescribed by the Secretary,
an eligible individual shall have priority for the community service
employment and other authorized activities provided under this title if
the individual--
``(1) is 65 years of age or older; or
``(2)(A) has a disability;
``(B) has limited English proficiency or low literacy skills;
``(C) resides in a rural area;
``(D) is a veteran;
``(E) has low employment prospects;
``(F) has failed to find employment after utilizing services
provided under title I of the Workforce Investment Act of 1998 (29
U.S.C. 2801 et seq.); or
``(G) is homeless or at risk for homelessness.''.
SEC. 502. EFFECTIVE DATE.
(a) In General.--Title V of the Older Americans Act of 1965 (as
amended by section 501) takes effect July 1, 2007.
(b) Regulations and Expected Levels of Performance.--
(1) Regulations.--Effective on the date of enactment of this
Act, the Secretary of Labor may issue rules and regulations
authorized in such title V.
(2) Expected levels of performance.--Prior to July 1, 2007, the
Secretary of Labor may carry out the activities authorized in
section 513(a)(2) of the Older Americans Act of 1965 (as so
amended), in preparation for program year 2007.
TITLE VI--NATIVE AMERICANS
SEC. 601. CLARIFICATION OF MAINTENANCE REQUIREMENT.
(a) In General.--Section 614A of the Older Americans Act of 1965
(42 U.S.C. 3057e-1) is amended by adding at the end the following:
``(c) Clarification.--
``(1) Definition.--In this subsection, the term `covered year'
means fiscal year 2006 or a subsequent fiscal year.
``(2) Consortia of tribal organizations.--If a tribal
organization received a grant under this part for fiscal year 1991
as part of a consortium, the Assistant Secretary shall consider the
tribal organization to have received a grant under this part for
fiscal year 1991 for purposes of subsections (a) and (b), and shall
apply the provisions of subsections (a) and (b)(1) (under the
conditions described in subsection (b)) to the tribal organization
for each covered year for which the tribal organization submits an
application under this part, even if the tribal organization
submits--
``(A) a separate application from the remaining members of
the consortium; or
``(B) an application as 1 of the remaining members of the
consortium.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to grants awarded under part A of title VI of the Older Americans
Act of 1965 (42 U.S.C. 3057b et seq.) during the grant period beginning
April 1, 2008, and all subsequent grant periods.
SEC. 602. NATIVE AMERICANS CAREGIVER SUPPORT PROGRAM.
Section 643 of the Older Americans Act of 1965 (42 U.S.C. 3057n) is
amended--
(1) in paragraph (1), by striking ``2001'' and inserting
``2007''; and
(2) in paragraph (2), by striking ``$5,000,000'' and all that
follows through the period at the end and inserting ``$6,500,000
for fiscal year 2007, $6,800,000 for fiscal year 2008, $7,200,000
for fiscal year 2009, $7,500,000 for fiscal year 2010, and
$7,900,000 for fiscal year 2011.''.
TITLE VII--ALLOTMENTS FOR VULNERABLE ELDER RIGHTS PROTECTION ACTIVITIES
SEC. 701. VULNERABLE ELDER RIGHTS PROTECTION ACTIVITIES.
Section 702 of the Older Americans Act of 1965 (42 U.S.C. 3058a) is
amended by striking ``2001'' each place it appears and inserting
``2007''.
SEC. 702. ELDER ABUSE, NEGLECT, AND EXPLOITATION.
Section 721 of the Older Americans Act of 1965 (42 U.S.C. 3058i) is
amended--
(1) in subsection (a), by striking ``programs for the
prevention of'' and inserting ``programs to address'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``programs for'' and all that follows through
``including--'' and inserting the following: ``programs for the
prevention, detection, assessment, and treatment of,
intervention in, investigation of, and response to elder abuse,
neglect, and exploitation (including financial exploitation),
including--'';
(B) by redesignating paragraphs (2) through (8) as
paragraphs (3) through (9), respectively;
(C) by inserting after paragraph (1) the following:
``(2) providing for public education and outreach to promote
financial literacy and prevent identity theft and financial
exploitation of older individuals;'';
(D) in paragraph (8), as redesignated by subparagraph (B),
by striking ``and'' at the end;
(E) in paragraph (9), as redesignated by subparagraph (B),
by striking the period and inserting a semicolon; and
(F) by adding at the end the following:
``(10) examining various types of shelters serving older
individuals (in this paragraph referred to as `safe havens'), and
testing various safe haven models for establishing safe havens (at
home or elsewhere), that recognize autonomy and self-determination,
and fully protect the due process rights of older individuals;
``(11) supporting multidisciplinary elder justice activities,
such as--
``(A) supporting and studying team approaches for bringing
a coordinated multidisciplinary or interdisciplinary response
to elder abuse, neglect, and exploitation, including a response
from individuals in social service, health care, public safety,
and legal disciplines;
``(B) establishing a State coordinating council, which
shall identify the individual State's needs and provide the
Assistant Secretary with information and recommendations
relating to efforts by the State to combat elder abuse,
neglect, and exploitation;
``(C) providing training, technical assistance, and other
methods of support to groups carrying out multidisciplinary
efforts at the State (referred to in some States as `State
Working Groups');
``(D) broadening and studying various models for elder
fatality and serious injury review teams, to make
recommendations about their composition, protocols, functions,
timing, roles, and responsibilities, with a goal of producing
models and information that will allow for replication based on
the needs of States and communities (other than the ones in
which the review teams were used); and
``(E) developing best practices, for use in long-term care
facilities, that reduce the risk of elder abuse for residents,
including the risk of resident-to-resident abuse; and
``(12) addressing underserved populations of older individuals,
such as--
``(A) older individuals living in rural locations;
``(B) older individuals in minority populations; or
``(C) low-income older individuals.'';
(3) in subsection (e)(2)--
(A) by striking ``subsection (b)(8)(B)(i)'' and inserting
``subsection (b)(9)(B)(i)''; and
(B) by striking ``subsection (b)(8)(B)(ii)'' and inserting
``subsection (b)(9)(B)(ii)''; and
(4) by adding at the end of the section the following:
``(h) Accountability Measures.--The Assistant Secretary shall
develop accountability measures to ensure the effectiveness of the
activities carried out under this section.
``(i) Evaluating Programs.--The Assistant Secretary shall evaluate
the activities carried out under this section, using funds made
available under section 206(g).
``(j) Compliance With Applicable Laws.--In order to receive funds
made available to carry out this section, an entity shall comply with
all applicable laws, regulations, and guidelines.''.
SEC. 703. NATIVE AMERICAN ORGANIZATION PROVISIONS.
Section 751 of the Older Americans Act of 1965 (42 U.S.C. 3058aa)
is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``and'' at the end;
(B) in paragraph (2), by striking the period and inserting
``; and''; and
(C) by adding at the end the following:
``(3) enabling the eligible entities to support
multidisciplinary elder justice activities, such as--
``(A) establishing a coordinating council, which shall
identify the needs of an individual Indian tribe or other
Native American group and provide the Assistant Secretary with
information and recommendations relating to efforts by the
Indian tribe or the governing entity of the Native American
group to combat elder abuse, neglect, and exploitation;
``(B) providing training, technical assistance, and other
methods of support to groups carrying out multidisciplinary
efforts for an Indian tribe or other Native American group; and
``(C) broadening and studying various models for elder
fatality and serious injury review teams, to make
recommendations about their composition, protocols, functions,
timing, roles, and responsibilities, with a goal of producing
models and information that will allow for replication based on
the needs of Indian tribes and other Native American groups
(other than the ones in which the review teams were used).'';
(2) in subsection (b), by striking ``this subtitle'' and
inserting ``this section''; and
(3) in subsection (d)--
(A) by striking ``this section'' and inserting ``this
subtitle''; and
(B) by striking ``2001'' and inserting ``2007''.
SEC. 704. ELDER JUSTICE PROGRAMS.
Subtitle B of title VII of the Older Americans Act of 1965 (42
U.S.C. 3058aa) is amended--
(1) by striking the subtitle heading and inserting the
following:
``Subtitle B--Native American Organization and Elder Justice
Provisions'';
and
(2) by inserting after section 751 the following:
``SEC. 752. GRANTS TO PROMOTE COMPREHENSIVE STATE ELDER JUSTICE
SYSTEMS.
``(a) Purpose and Authority.--For each fiscal year, the Assistant
Secretary may make grants to States, on a competitive basis, in
accordance with this section, to promote the development and
implementation, within each such State, of a comprehensive elder
justice system, as defined in subsection (b).
``(b) Comprehensive Elder Justice System Defined.--In this section,
the term `comprehensive elder justice system' means an integrated,
multidisciplinary, and collaborative system for preventing, detecting,
and addressing elder abuse, neglect, and exploitation in a manner
that--
``(1) provides for widespread, convenient public access to the
range of available elder justice information, programs, and
services;
``(2) coordinates the efforts of public health, social service,
and law enforcement authorities, as well as other appropriate
public and private entities, to identify and diminish duplication
and gaps in the system;
``(3) provides a uniform method for the standardization,
collection, management, analysis, and reporting of data; and
``(4) provides such other elements as the Assistant Secretary
determines appropriate.
``(c) Applications.--To be eligible to receive a grant under this
section for a fiscal year, a State shall submit an application to the
Assistant Secretary, at such time, in such manner, and containing such
information and assurances as the Assistant Secretary determines
appropriate.
``(d) Amount of Grants.--The amount of a grant to a State with an
application approved under this section for a fiscal year shall be such
amount as the Assistant Secretary determines appropriate.
``(e) Use of Funds.--
``(1) In general.--A State that receives a grant under this
section shall use funds made available through such grant to
promote the development and implementation of a comprehensive elder
justice system by--
``(A) establishing formal working relationships among
public and private providers of elder justice programs, service
providers, and stakeholders in order to create a unified elder
justice network across such State to coordinate programmatic
efforts;
``(B) facilitating and supporting the development of a
management information system and standard data elements;
``(C) providing for appropriate education (including
educating the public about the range of available elder justice
information, programs, and services), training, and technical
assistance; and
``(D) taking such other steps as the Assistant Secretary
determines appropriate.
``(2) Maintenance of effort.--Funds made available to States
pursuant to this section shall be used to supplement and not
supplant other Federal, State, and local funds expended to support
activities described in paragraph (1).''.
SEC. 705. RULE OF CONSTRUCTION.
Subtitle C of title VII of the Older Americans Act of 1965 (42
U.S.C. 3058bb et seq.) is amended by adding at the end the following:
``SEC. 765. RULE OF CONSTRUCTION.
``Nothing in this title shall be construed to interfere with or
abridge the right of an older individual to practice the individual's
religion through reliance on prayer alone for healing, in a case in
which a decision to so practice the religion--
``(1) is contemporaneously expressed by the older individual--
``(A) either orally or in writing;
``(B) with respect to a specific illness or injury that the
older individual has at the time of the decision; and
``(C) when the older individual is competent to make the
decision;
``(2) is set forth prior to the occurrence of the illness or
injury in a living will, health care proxy, or other advance
directive document that is validly executed and applied under State
law; or
``(3) may be unambiguously deduced from the older individual's
life history.''.
TITLE VIII--FEDERAL YOUTH DEVELOPMENT COUNCIL
SEC. 801. SHORT TITLE.
This title may be cited as the ``Tom Osborne Federal Youth
Coordination Act''.
SEC. 802. ESTABLISHMENT AND MEMBERSHIP.
(a) Establishment.--There is established the Federal Youth
Development Council (in this title referred to as the ``Council'').
(b) Members and Terms.--
(1) Federal employee members.--The members of the Council shall
include the Attorney General, the Secretary of Agriculture, the
Secretary of Labor, the Secretary of Health and Human Services, the
Secretary of Housing and Urban Development, the Secretary of
Education, the Secretary of the Interior, the Secretary of
Commerce, the Secretary of Defense, the Director of National Drug
Control Policy, and the Chief Executive Officer of the Corporation
for National and Community Service, or a designee of each such
individual who holds significant decision-making authority, and
other Federal officials as directed by the President.
(2) Additional members.--
(A) In general.--The members of the Council shall include
any additional members as the President shall appoint from
among representatives of community-based organizations,
including faith-based organizations, child and youth focused
foundations, institutions of higher education, non-profit
organizations, youth service providers, State and local
government, and youth in disadvantaged situations.
(B) Consultation.--In making the appointments under this
paragraph, the President, as determined appropriate by the
President, shall consult with--
(i) the Speaker of the House of Representatives, who
shall take into account the recommendations of the majority
leader and the minority leader of the House of
Representatives; and
(ii) the president pro tempore of the Senate, who shall
take into account the recommendations of the majority
leader and the minority leader of the Senate.
(3) Length of term.--Each member of the Council shall serve for
the life of the Council.
(c) Compensation and Travel Expenses.--
(1) No compensation for service on council.--Each member of the
Council appointed under section 802 who is not an officer or
employee of the United States shall not receive pay by reason of
the member's service on the Council, and shall not be considered an
employee of the Federal Government by reason of such service. Each
member of the Council who is an officer or employee of the United
States shall serve without compensation in addition to that
received for the member's service as an officer or employee of the
United States.
(2) Travel and transportation expenses.--Each member of the
Council may be allowed travel or transportation expenses in
accordance with section 5703 of title 5, United States Code, while
away from the member's home or regular place of business in the
performance of services for the Council.
(d) Chairperson.--The Chairperson of the Council shall be the
Secretary of Health and Human Services.
(e) Meetings.--The Council shall meet at the call of the
Chairperson, not less frequently than 4 times each year. The first
meeting shall be not less than 4 months after the date of enactment of
this Act.
SEC. 803. DUTIES OF THE COUNCIL.
(a) In General.--The duties of the Council shall be to provide
advice and recommendations, including--
(1) ensuring communication among agencies administering
programs designed to serve youth, especially those in disadvantaged
situations;
(2) assessing the needs of youth, especially those in
disadvantaged situations, and those who work with youth, and the
quantity and quality of Federal programs offering services,
supports, and opportunities to help youth in their educational,
social, emotional, physical, vocational, and civic development, in
coordination with the Federal Interagency Forum on Child and Family
Statistics;
(3) recommending quantifiable goals and objectives for such
programs;
(4) making recommendations for the allocation of resources in
support of such goals and objectives;
(5) identifying possible areas of overlap or duplication in the
purpose and operation of programs serving youth and recommending
ways to better facilitate the coordination and consultation among,
and improve the efficiency and effectiveness of, such programs;
(6) identifying target populations of youth who are
disproportionately at risk and assisting agencies in focusing
additional resources on such youth;
(7) developing a plan, including common indicators of youth
well-being that are consistent with the indicators tracked by the
Federal Interagency Forum on Child and Family Statistics, and
assisting Federal agencies, at the request of 1 or more such
agencies, in coordinating to achieve the goals and objectives
described in paragraph (3);
(8) assisting Federal agencies, at the request of 1 or more
such agencies, in collaborating on--
(A) model programs and demonstration projects focusing on
special populations, including youth in foster care and migrant
youth;
(B) projects to promote parental involvement; and
(C) projects that work to involve young people in service
programs;
(9) soliciting and documenting ongoing input and
recommendations from--
(A) youth, especially youth in disadvantaged situations;
(B) national youth development experts, researchers,
parents, community-based organizations, including faith-based
organizations, foundations, business leaders, youth service
providers, and teachers; and
(C) State and local government agencies, particularly
agencies serving children and youth; and
(10) working with Federal agencies--
(A) to promote high-quality research and evaluation,
identify and replicate model programs and promising practices,
and provide technical assistance relating to the needs of
youth; and
(B) to coordinate the collection and dissemination of youth
services-related data and research.
(b) Technical Assistance.--The Council may provide technical
assistance to a State at the request of a State to support a State-
funded council for coordinating State youth efforts.
SEC. 804. COORDINATION WITH EXISTING INTERAGENCY COORDINATION ENTITIES.
In carrying out the duties described in section 803, the Council
shall coordinate the efforts of the Council with other Federal, State,
and local coordinating entities in order to complement and not
duplicate efforts, including the following:
(1) Coordinating with the Federal Interagency Forum on Child
and Family Statistics, established under Executive Order 13045 (42
U.S.C. 4321 note; relating to protection of children from
environmental health risks and safety risks), on matters pertaining
to data collection.
(2) Coordinating with the United States Interagency Council on
Homelessness, established under section 201 of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11311), on matters pertaining to
homelessness.
(3) Coordinating with the Coordinating Council on Juvenile
Justice and Delinquency Prevention, established under section 206
of the Juvenile Justice and Delinquency Prevention Act of 1974 (42
U.S.C. 5616), on matters pertaining to programs for at-risk youth.
SEC. 805. ASSISTANCE OF STAFF.
(a) Designation of Individual.--The Chairperson is authorized to
designate an individual to have responsibility for assisting in
carrying out the duties of the Council under this title.
(b) Staff of Federal Agencies.--Upon request of the Council, the
head of any Federal department or agency may detail, on a reimbursable
or nonreimbursable basis, any of the personnel of the department or
agency to the Council to assist in carrying out the Council's duties
under this title.
SEC. 806. POWERS OF THE COUNCIL.
(a) Mails.--The Council may use the United States mails in the same
manner and under the same conditions as other departments and agencies
of the United States.
(b) Administrative Support Services.--Upon the request of the
Council, the Administrator of General Services shall provide to the
Council, on a reimbursable basis, the administrative support services
necessary for the Council to carry out its responsibilities under this
title.
SEC. 807. REPORT.
(a) Interim Report.--Not later than 1 year after the first meeting
of the Council, the Council shall transmit to the relevant committees
of Congress an interim report of the findings of the Council.
(b) Final Report.--Not later than 2 years after the first meeting
of the Council, the Council shall transmit to the relevant committees
of Congress a final report of the Council's findings and
recommendations, which report shall--
(1) include a comprehensive list of recent research and
statistical reporting by various Federal agencies on the overall
well-being of youth;
(2) include the assessment of the needs of youth and those who
serve youth;
(3) include a summary of the plan described in section
803(a)(7);
(4) recommend ways to coordinate and improve Federal training
and technical assistance, information sharing, and communication
among the various Federal programs and agencies serving youth, as
the Chairperson determines appropriate;
(5) include recommendations to better integrate and coordinate
policies across agencies at the Federal, State, and local levels,
including any recommendations the Chairperson determines
appropriate, if any, for legislation and administrative actions;
(6) include a summary of actions the Council has taken at the
request of Federal agencies to facilitate collaboration and
coordination on youth serving programs and the results of those
collaborations, if available;
(7) include a summary of the action the Council has taken at
the request of States to provide technical assistance under section
803(b), if applicable; and
(8) include a summary of the input and recommendations from the
groups identified in section 803(a)(9).
SEC. 808. TERMINATION.
The Council shall terminate 60 days after transmitting the final
report under section 807(b).
SEC. 809. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this title
$1,000,000 for each of the fiscal years 2007 and 2008.
TITLE IX--CONFORMING AMENDMENTS
SEC. 901. CONFORMING AMENDMENTS TO OTHER ACTS.
(a) Older Americans Act Amendments of 1987.--Section 205(1) of the
Older Americans Act Amendments of 1987 (42 U.S.C. 3001 note) is amended
by striking ``section 102(17) of the Older Americans Act of 1965 (42
U.S.C. 3002(17))'' and inserting ``section 102 of the Older Americans
Act of 1965 (42 U.S.C. 3002)''.
(b) Energy Conservation and Production Act.--Section 412(6) of the
Energy Conservation and Production Act (42 U.S.C. 6862(6)) is amended
by striking ``paragraphs (4), (5), and (6), respectively, of section
102'' and inserting ``section 102''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.