[Congressional Record Volume 152, Number 81 (Wednesday, June 21, 2006)]
[House]
[Pages H4340-H4357]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SENIOR INDEPENDENCE ACT OF 2006
Mr. McKEON. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 5293) to amend the Older Americans Act of 1965 to authorize
appropriations for fiscal years 2007 through 2011, and for other
purposes, as amended.
The Clerk read as follows:
H.R. 5293
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 ``Senior
Independence Act of 2006''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Establishment of Administration on Aging.
Sec. 4. Functions of the Assistant Secretary.
Sec. 5. Federal agency consultation.
Sec. 6. Administration.
Sec. 7. Evaluation.
Sec. 8. Reports.
Sec. 9. Contractual, commercial and private pay relationships;
appropriate use of Act funds.
Sec. 10. Nutrition education.
Sec. 11. Pension counseling and information programs.
Sec. 12. Authorization of appropriations.
Sec. 13. Purpose; administration.
Sec. 14. Authorization of appropriations; uses of funds.
Sec. 15. Organization.
Sec. 16. Area plans.
Sec. 17. State plans.
Sec. 18. Payments.
Sec. 19. Nutrition services incentive program.
Sec. 20. Consumer contributions.
Sec. 21. Supportive services and senior centers program.
Sec. 22. Nutrition service.
Sec. 23. Congregate nutrition program.
Sec. 24. Home delivered nutrition services.
Sec. 25. Criteria.
Sec. 26. Nutrition.
Sec. 27. Evaluation of nutrition projects.
Sec. 28. Improving indoor air quality to buildings where seniors
congregate.
Sec. 29. Caregiver support program definitions.
Sec. 30. Caregiver support program.
Sec. 31. Activities of national significance.
Sec. 32. Title IV grant programs.
Sec. 33. Career preparation for the field of aging.
Sec. 34. Health care service demonstration projects in rural areas.
Sec. 35. Demonstration projects for multigenerational activities.
Sec. 36. Native American programs.
Sec. 37. Multidiciplinary centers.
Sec. 38. Responsibilities of Assistant Secretary.
Sec. 39. Community service employment-based training for older
Americans.
Sec. 40. Native Americans caregiver support program.
Sec. 41. Vulnerable elder rights protection activities.
Sec. 42. Native American organization provisions.
Sec. 43. Elder abuse, neglect, and exploitation prevention.
Sec. 44. Technical amendments.
SEC. 2. DEFINITIONS.
Section 102 of the Older Americans Act of 1965 (42 U.S.C.
3002) is amended--
(1) by amending paragraph (10) to read as follows:
``(10) The terms `assistive device', `assistive
technology', 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 amending paragraph (12)(D) to read as follows:
``(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 through the
consumption of a healthful diet and multivitamin-mineral
supplementation;'',
(3) 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.'',
(4) by amending paragraph (24) to read as follows:
``(24) The term `exploitation' means the fraudulent or
otherwise illegal, unauthorized, or improper act or process
of an individual 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.'',
(5) by amending paragraph (34) to read as follows:
``(34) The term `neglect' means--
``(A) the failure of a caregiver or fiduciary to provide
goods or services that are necessary to maintain the health
or safety of an elder; or
``(B) self neglect.'',
[[Page H4341]]
(6) by redesignating paragraphs (1) through (43) as
paragraphs (43), (7), (48), (37), (25), (26), (52), (13),
(46), (8), (28), (12), (1), (2), (3), (5), (6), (10), (24),
(35), (11), (14), (15), (17), (19), (20), (21), (22), (27),
(29), (30), (32) (33), (36), (38), (39), (40), (41), (42),
(49), (51), (18), and (47), respectively,
(7) by transferring such paragraphs so as to arrange them
in numerical order as so redesignated,
(8) by inserting after paragraph (3), as so redesignated
the following:
``(4) The term `Aging and Disability Resource Center' means
a program established by a State as part of the State's
system of long-term care, to provide a coordinated system for
providing--
``(A) comprehensive information on available public and
private long-term care programs, options, and resources;
``(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) consumer access to the range of publicly-supported
long-term care programs for which they may be eligible, by
serving as a convenient point of entry for such programs.'',
(9) by inserting after paragraph (8), as so redesignated,
the following:
``(9) The term `at risk for institutional placement' means,
with respect to an older individual, that such individual is
unable to perform at least two activities of daily living
without substantial human assistance (including verbal
reminding, physical cuing, or supervision) and is determined
by the State to be in need of placement in a long-term care
facility.'',
(10) by inserting after paragraph (15), as so redesignated,
the following:
``(16) The term `elder justice' means efforts to prevent,
detect, treat, intervene in, and respond to elder abuse,
neglect, and exploitation and to protect elders with
diminished capacity while maximizing their autonomy.'',
(11) by inserting after paragraph (22), as so redesignated,
the following:
``(23) The term `Hispanic serving institution' has the
meaning as defined in section 502 of the Higher Education Act
of 1965 (20 U.S.C. 1101A).'',
(12) by inserting after paragraph (30), as so redesignated,
the following:
``(31) The term `long-term care' means any services, care,
or items (including assistive devices), including disease
prevention and health promotion services, in-home services,
and case management service--
``(A) intended to assist individuals in coping with, and to
the extent practicable compensate for, functional impairments
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.'',
(13) by inserting after paragraph (33), as so redesignated,
the following:
``(34) The term `multivitamin-mineral supplement' means a
dietary supplement that provides at least two-third's of the
essential vitamins and minerals at 100 percent of the daily
value levels as determined by the Food and Drug
Administration.'',
(14) by inserting after paragraph (43), as so redesignated,
the following:
``(44) The term `self-directed care' means an approach to
providing services (including programs, benefits, supports,
and technology) under this Act intended to an older
individual to assist such 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 necessary and appropriate to enable such
individual to make informed decisions about his or her 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 his or her receipt
of such services, are assessed by the area agency on aging
(or other agency designated by the area agency on aging);
``(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 his or her family, caregiver, 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.
``(45) 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.'', and
(15) by inserting after paragraph (49), as so redesignated,
the following:
``(50) 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 to individuals in such State.''.
SEC. 3. ESTABLISHMENT OF ADMINISTRATION ON AGING.
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 may designate within the
Administration responsibility for elder abuse prevention and
services.
``(2) It shall be the duty of the assistant secretary,
acting through the person designated with responsibility for
elder abuse prevention and services, to develop objectives,
priorities, policy, and a long-term plan for--
``(A) carrying out elder justice programs and activities
relating to--
``(i) elder abuse prevention, detection, treatment, and
intervention, and response;
``(ii) training of individuals regarding the matters
described in clause (i); and
``(iii) the improvement of the elder justice system in the
United States;
``(B) collecting and disseminating data relating to the
abuse, neglect, and exploitation of older individuals;
``(C) disseminating information concerning best practices
regarding, and providing training on, carrying out activities
related to abuse, neglect, and exploitation of older
individuals;
``(D) conducting research related to abuse, neglect, and
exploitation of older individuals;
``(E) providing technical assistance to States and other
eligible entities under title VII;
``(F) assisting States and other eligible entities under
title VII to develop strategic plans to better coordinate
elder justice activities, research, and training; and
``(G) promoting collaborative efforts and diminishing
duplicative efforts in the development and carrying out of
elder justice programs at the Federal, State, and local
levels.
``(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 in paragraph (1), to
develop objectives, priorities, and a long-term plan for
supporting State and local efforts involving education,
prevention, detection, and treatment of mental disorders,
including age-related dementia, depression, and Alzheimer's
disease and related neurological disorders.''.
SEC. 4. 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) in paragraph (12)--
(i) by striking ``(12)'' and inserting the following:
``(12)(A) consult and coordinate activities with the
Centers for Medicare & Medicaid Services and other federal
entities to implement and build awareness of programs
providing benefits affecting older individuals; and
``(B)'',
(C) in paragraph (20)--
(i) by striking ``and area agencies on aging'' and
inserting ``, area agencies on aging, and service
providers'',
(ii) by striking ``and benefits'' and inserting
``benefits'',
(iii) by inserting ``benefits under any other applicable
Federal program, or any other service (including technology
and internet-based decision support tools) to assist
consumers to learn about, to receive benefits under, and to
participate in programs for which they may be eligible''
after ``(7 U.S.C. 2011 et seq.),'',
(iv) by inserting ``(A)'' after ``(20)'', and
(v) by adding at the end the following:
``(B) provide technical assistance and support for benefits
enrollment assistance and outreach to support efforts to
inform and enroll low-income older individuals who may be
eligible to participate, but who are not participating, in
Federal and State programs for which they are eligible, and
may in cooperation with Federal partners, make grants or
contracts to establish a National Center on Senior Benefits
Outreach and Enrollment, which shall--
``(i) maintain and update web-based decision supports and
enrollment tools and integrated, person-centered systems
designed to inform older individuals about the full range of
benefits for which they may be eligible;
``(ii) utilize cost-effective strategies to find and enroll
those with greatest economic need;
``(iii) create and support efforts for Aging and Disability
Resource Centers, and other public and private State and
community-based organizations and coalitions, including
faith-based organizations, to serve as enrollment benefit
centers;
``(iv) develop and maintain an information clearinghouse on
best practices and cost-effective methods for identifying and
enrolling limited income older Americans in benefits for
which they are eligible; and
``(v) provide, in collaboration with Federal partners
administering 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,
[[Page H4342]]
(E) in paragraph (27)--
(i) in subparagraph (B) by adding ``and'' at the end,
(ii) in subparagraph (C) by striking the semicolon and
inserting a period, and
(iii) 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.'', and
(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 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, the Assistant Secretary shall, consistent with
the applicable provisions of this title--
``(1) collaborate, coordinate, and consult with other
Federal agencies and departments 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 care settings;
``(3) establish criteria 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 Centers for
Medicare & Medicaid Services, the Cash and Counseling
National Program Office, and other Federal entities as
appropriate, the provision of long-term care in home and
community-based settings, including the provision of 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 nursing
home placement and depletion of income and assets to qualify
for Medicaid eligibility;
``(B) respond to the needs and preferences of such
individual and provide the option for the individual (or
representative, as appropriate) to direct and control the
receipt of support services provided;
``(C) assist an older individual (or a representative, as
appropriate) develop a plan for long-term support, including
the selecting, budgeting, and purchasing of home and
community-based long-term care and supportive services;
(for purposes of this paragraph, the term `representative'
means a person appointed by the eligible individual, or
legally acting on the individual's behalf, to represent or
advise the individual in financial or service coordination
matters);
``(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, enhanced awareness by the public of the
importance of planning in advance for long-term care and the
availability of information and resources to assist in such
planning;
``(7) 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 that
are available in the community, including both institutional
and home and community-based care;
``(B) to provide personalized and consumer friendly
assistance to empower people 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 though a single intake,
assessment and eligibility determination process;
``(D) to help people to plan ahead for their future long-
term care needs; and
``(E) to assist, in coordination with the State Health
Insurance Assistance Program, Medicare beneficiaries in
understanding and accessing the Prescription Drug Coverage
and preventative health benefits available under the Medicare
Modernization Act;
``(8) 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) such home and community-based long-term care systems,
including evidence-based programs; and
``(B) such evidence-based health promotion and disease
prevention programs;
``(9) 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 systems of long-term care fulfill the
objectives described in this subsection; and
``(10) conduct such other activities as the Assistant
Secretary determines to be appropriate.
``(c) The Assistant Secretary, in consultation with the
Corporation for National and Community Service, shall--
``(1) encourage and permit voluntary groups active in
supportive services and civic engagement, including youth
organizations active at the secondary or postsecondary
levels, to participate and be involved individually or
through representative groups, in such 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 and faith-based organizations; and
``(3) encourage other community capacity building
initiatives involving older individuals, with particular
attention to initiatives that demonstrate the effectiveness
and cost savings in meeting critical needs.''.
SEC. 5. 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) 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
(2) in subsection (b)--
(A) in paragraph (17) by striking ``and'' at the end,
(B) in paragraph (18) by striking the period at the end 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).''.
SEC. 6. 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 the semicolon at the
end 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 Guide Pyramid published
jointly by the Secretary and the Secretary 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, particularly 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 in subparts 1
and 2 of part C, 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 (viii).'', and
(ii) by amending subparagraph (C)(i) to read as follows:
``(i) have expertise in nutrition, energy balance, and meal
planning; and''.
SEC. 7. EVALUATION.
The 1st 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. 8. 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. 9. CONTRACTUAL, COMMERCIAL AND PRIVATE PAY
RELATIONSHIPS; APPROPRIATE USE OF ACT FUNDS.
(a) Private Pay Relationships; Appropriate Use of Act
Funds.--Section 212 of the Older Americans Act of 1965 (42
U.S.C. 3020c) is amended to read as follows:
[[Page H4343]]
``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 from entering into an agreement--
``(1) with a profitmaking organization;
``(2) under which funds provided under such grant or
contract are used to pay part or all of a cost (including an
administrative cost) incurred by such recipient to carry out
a contract or commercial relationship for the benefit of
older individuals or their family caregivers, whether such
relationship is carried out to implement a provision of this
Act or to conduct activities inherently associated with
implementing such provision; or
``(3) under which any individual, regardless of age or
income (including the family caregiver of such individual),
who seeks to receive 1 or more services pays, at their own
private expense, to receive such services based on the fair
market value of such services.
``(b) Ensuring Appropriate Use of Funds.--An agreement
described under 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);
``(2) directly or indirectly provide for, or have the
effect of, paying, reimbursing, or otherwise compensating an
entity under such agreement in an amount that exceeds the
fair market value of the goods or services furnished by such
entity under such agreement;
``(3) result in the displacement of services otherwise
available to an older individual with the 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.''.
SEC. 10. 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 are designed for older individuals
and that include nutrition education, physical activity, and
other activities to modify behavior and to improve health
literacy (including information on optimal nutrient intake)
through education and counseling in accordance with section
339(2)(J).''.
SEC. 11. 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 amending paragraph (2) to read as
follows:
``(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 in need of special outreach.'', and
(3) in subsection (h)(2) by inserting ``(including
individuals with limited English proficiency)'' after
``individuals''.
SEC. 12. 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''.
SEC. 13. 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 with experience in providing senior
volunteer services, such as Federal volunteer programs
administered by the Corporation for National and Community
Service designed to provide training, placement, and stipends
for volunteers in community service settings.''.
SEC. 14. 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) by striking paragraph (1),
(B) in paragraph (2)--
(i) by striking ``(2)'' and inserting ``(1)'', and
(ii) by striking ``each of the 4 succeeding fiscal years''
and inserting ``for fiscal years 2007, 2008, 2009, 2010, and
2011'', and
(C) in paragraph (3)--
(i) by striking ``(3)'' and inserting ``(2)'', and
(ii) by striking ``paragraphs (1) and (2)'' and inserting
``paragraph (1)''.
SEC. 15. ORGANIZATION.
Section 305(a) of the Older Americans Act of 1965 (42
U.S.C. 3025(a)) is amended--
(1) in paragraph (1)(E) 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)'',
(2) in paragraph (2)(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
(3) by adding at the end the following:
``(3) the State agency shall, consistent with this section,
promote the development and implementation of a
comprehensive, coordinated system in such State 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, 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
thereto;
``(C) conducting analyses and making recommendations, and
implementing programs and strategies to modify the State's
system of long-term care to better--
``(i) respond to the needs and preferences of older
individuals and family caregivers;
``(ii) facilitate the provision of long-term care in home
and community-based settings through service providers; and
``(iii) target services to individuals at risk for
institutional placement, to permit such individuals to remain
in home and community-based care settings;
``(D) implement (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 range of available public and private long-term
care programs, options, and resources.''.
SEC. 16. 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)'' each place it appears and inserting ``(with
particular attention to low-income older individuals, low-
income minority older individuals, older individuals with
limited English proficiency, and older individuals residing
in rural areas)'', and
(ii) 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 (4)--
(i) in subparagraph (A)--
(I) by amending clause (i) to read as follows:
``(i) provide assurances that the area agency on aging
will--
``(I) 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;
``(II) include in the area plan specific objectives for
providing services to low-income minority older individuals
and older individuals residing in rural areas; and
``(III) include in the area plan proposed methods to
achieve such objectives;'', and
(II) in clause (ii) by inserting ``(including 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,
(II) in clause (i)--
(aa) in subclause (V) by striking ``and'' at the end; and
(bb) by adding at the end the following:
``(VI) older individuals at risk for institutional
placement; and'', and
(III) by striking ``(VI)'' and inserting ``(VII)'',
(C) in paragraph (5) by inserting ``and individuals at risk
for institutional placement'' after ``severe disabilities'',
(D) 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 elderly and disabled individuals
needing such care and, if possible, work in coordination with
volunteer programs (including programs administered by the
Corporation for National Service) designed
[[Page H4344]]
to provide training, placement, and stipends for volunteers
in community service settings.'',
(ii) in subparagraph (D)--
(I) by inserting ``family caregivers of such individuals,''
after ``Act,'', and
(II) by inserting ``service providers, the business
community,'' after ``individuals,'', and
(iii) by amending subparagraph (F) to read as follows:
``(F) in coordination with the State unit on aging and 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 provided (including mental health screenings) 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;'',
(E) by amending 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, 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, making recommendations, and
implementing programs 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, through 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 care settings;
``(C) implement, 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) provide for the availability and distribution
(through public education campaigns, aging and disability
resource centers, and other appropriate means) of information
relating to--
``(i) the need to plan in advance for long-term care; and
``(ii) the range of available public and private long-term
care programs, options, and resources;'',
(F) by striking paragraph (14) and the 2 paragraphs (15),
(G) 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) in a manner, consistent with paragraph (4), that
gives priority in furnishing benefits and services to older
individuals with greatest economic need, older individuals
with greatest social need, and older individuals at risk for
institutional placement; and
``(B) in compliance with the assurances specified in
paragraph (13) and the limitations specified in section
212(b); and
``(16) provide, to the maximum extent feasible, for the
furnishing of services under this Act consistent with self-
directed care.'',
(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 planning and service
area is for any anticipated change in the number of older
individual during the 10-year period following the fiscal
year for which the plan is submitted. 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 such individuals with low incomes,
such 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 in the planning and service area can be
improved, and how resource levels can be adjusted, to meet
the needs of the changing population of older individuals in
such area; and
``(D) an analysis of how the change in the number of
individuals 85 years of age and older is expected to affect
the need for supportive services.
``(2) 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; and
``(J) any other service as determined by such agency.''.
SEC. 17. STATE PLANS.
Section 307(a) of the Older Americans Act of 1965 (42
U.S.C. 3027(a)) is amended--
(1) in paragraph (4) by striking ``with particular
attention to low-income minority individuals and older
individuals residing in rural areas'' and inserting ``low-
income minority older individuals, older individuals with
limited English proficiency, and older individuals residing
in rural areas'',
(2) by striking paragraph (15),
(3) by redesignating paragraph (14) as paragraph (15),
(4) 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
older individuals with limited English proficiency; and
``(B) describe the methods used to satisfy the service
needs of such minority older individuals, including the plan
to service the needs of older individuals with limited
English proficiency.'',
(5) in clauses (ii) and (iii) of paragraph (16)(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, low-income
minority older individuals, older individuals with limited
English proficiency, and older individuals residing in rural
areas)'', and
(6) by adding at the end the following:
``(27) The plan shall provide assurances that area agencies
on aging will, to the maximum extent feasible, provide 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 a 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 great 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 85 years of age and older in the State is
expected to affect the need for supportive services.''.
SEC. 18. 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. 19. NUTRITION SERVICES INCENTIVE PROGRAM.
(a) Cash Only Program; Authority To Use Program Funds To
Purchase Food Through School Food Authorities.--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) Each State agency shall promptly and equitably
disburse amounts received under this subsection to recipients
of 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 delivered under this
subsection, the Secretary of Agriculture shall give special
emphasis to high protein foods. The Secretary of Agriculture,
in consultation with the Assistant Secretary, is authorized
to prescribe the terms and conditions respecting the donation
of commodities under this subsection.'',
(3) by amending subsection (d) to read as follows:
``(d)(1) Amounts provided under subsection (b) to State
grantees and contractors, and to title VI grantees, shall be
available only for the purchase by such entities of United
States agricultural commodities and other foods for their
respective nutrition projects, subject to paragraph (2).
``(2) Part or all of the amounts received by an entity
specified in paragraph (1) may be used to pay a school food
authority (as referred to under 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'',
(5) in subsection (f)--
[[Page H4345]]
(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 amending paragraphs (1) and (2) to read as follows:
``(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; and
``(2) the donated foods available to such State agencies,
area agencies on aging, and providers under subsection
(c).''.
SEC. 20. 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) by striking ``provided that'' and
inserting ``, and such contributions shall be encouraged for
individuals whose self-declared income is at or above 125
percent of the poverty line and may be requested at
contribution levels based on the actual cost of services,
if'', 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 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. 21. SUPPORTIVE SERVICES AND SENIOR CENTERS PROGRAM.
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 inserting ``(including assistive
technology devices and assistive technology services)'' after
``services'',
(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 to 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 carry out and
coordinate, with respect to mental health services,
activities including outreach, education, screening, and
referral for treatment of older individuals;
(24) activities to promote and disseminate information
about life-long learning programs, including opportunities
for distance teaching; and''.
SEC. 22. NUTRITION SERVICE.
After the heading of part C of title III of the Older
Americans Act of 1965 (42 U.S.C. 3030e-3030g-22), insert the
following:
``SEC. 330. PURPOSE.
``It is the purpose of this part to promote socialization
and the health and well-being of older individuals by
assisting such individuals to gain access to disease
prevention and health promotion services (including
information, nutrition services, and programs of physical
activity) to delay the onset of health conditions resulting
from poor nutritional health or sedentary behavior.''.
SEC. 23. 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)--
(A) by striking ``which'' the last place it appears, and
(B) by striking ``and'' at the end, 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; and
``(4) may provide along with a meal described in (1), a
multivitamin-mineral supplement as an addition to such
meal.''.
SEC. 24. 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 which provide, 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)--
``(1) at least 1 home delivered meal per day consisting 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. 25. 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 experts in
the field 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. 26. NUTRITION.
Section 339 of the Older Americans Act of 1965 (42 U.S.C.
3030g-21) is amended--
(1) by amending 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) by amending 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) by striking ``daily recommended dietary
allowances as'' and inserting ``dietary reference intakes'',
(B) in subparagraph (D)--
(i) by inserting ``joint'' after ``encourages'', and
(ii) by inserting ``shared'' after ``promote'',
(C) by amending subparagraph (G) to read as follows:
``(G) ensures that local meal providers solicit the advice
and expertise of--
``(i) a dietitian or, if a dietitian is not available, an
individual with comparable expertise in the planning of
nutrition and food services,
``(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) by amending subparagraph (J) to read as follows:
``(J) provides for nutrition screening and nutrition
education, and nutrition assessment and counseling if
appropriate, and'', and
(F) by adding at the end the following:
``(K) encourages professionals who distribute nutrition
assistance under subpart 2 to provide information to
homebound seniors on how to get an influenza vaccination in
their local areas.''.
SEC. 27. EVALUATION OF NUTRITION PROJECTS.
(a) Study.--The Assistant Secretary for Aging shall use
funds allocated in section 206(g) of the Older Americans Act
of 1965 to enter into a contract with the Food and Nutrition
Board of the Institute of Medicine, for the purpose of
establishing an independent panel of experts that will
conduct an evidence-based evaluation of the nutrition
projects authorized in such Act. Such study shall, to the
extent data are available, include--
(1) an evaluation of the effect of nutrition projects
authorized by such Act on--
(A) health status of participants, including nutritional
status,
(B) prevention of participant hunger and food insecurity,
and
(C) ability of participants to remain living independently,
(2) a cost-benefit analysis of nutrition projects
authorized by such Act, including the potential to affect
costs of Federal programs under title XIX of the Social
Security Act, and
(3) recommendations for how nutrition projects authorized
by such Act may be modified to improve the outcomes described
in paragraph (1), including recommendations for improving the
nutritional quality of meals and other potential strategies
to improve the nutritional status of participants, including
vitamin-mineral supplementation.
(b) Timing.--The Institute of Medicine shall establish an
independent panel of experts not later than 90 days after the
date of the enactment of this Act. The panel shall submit to
the Assistant Secretary the report described in subsection
(a) not later than 24 months after the date of the enactment
of this Act. The Assistant Secretary shall submit a report on
the findings of the evidence-based study described in such
subsection 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. 28. IMPROVING INDOOR AIR QUALITY IN BUILDINGS WHERE
SENIORS 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 seniors
congregate.''.
SEC. 29. 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 (2) by inserting ``or an individual with
Alzheimer's disease or a related disorder with neurological
and organic brain dysfunction'' before the period at the end,
and
(3) in paragraph (3) by striking ``60'' and inserting
``55''.
SEC. 30. 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 addressing
caregiver issues related to
[[Page H4346]]
the areas of health, nutrition, and financial literacy, and
in making decisions and solving problems relating to their
caregiving roles;'',
(2) by amending subsection (d) to read as follows:
``(d) Use of Volunteers.--In carrying out this subpart,
each area agency on aging shall encourage the use of trained
volunteers to expand the available services described in
subsection (b) and shall, if possible, coordinate with
volunteer programs (including programs administered by the
Corporation for National Service) designed to provide
training, placement, and stipends for volunteers in community
service settings.'',
(3) in subsection (e)(3) by adding at the end the
following: ``The reports shall describe any mechanisms used
in the State to provide family caregivers of an older
individual and relative caregivers of a child or an adult
child with a disability, information about and access to
various services so that caregivers can better carry out
their care responsibilities.'',
(4) in subsection (f)(1) by striking ``2001 through 2005''
and inserting ``2007, 2008, 2009, 2010, and 2011'', and
(5) 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. 31. ACTIVITIES OF NATIONAL SIGNIFICANCE.
Section 376 of the National Family Caregiver Support Act
(42 U.S.C. 3030s-12) is repealed.
SEC. 32. TITLE IV 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 include--
``(A) efforts to assess the aging population;
``(B) activities to coordinate 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 tribal organizations receiving a
grant under title VI, engage in community planning
activities; and
``(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 elderly 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) intergenerational programs--
``(i) providing support to grandparents and other older
relatives raising children (such as kinship navigator
programs); and
``(ii) involving senior volunteers 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;
``(B) programs addressing unique issues faced by rural
caregivers;
``(C) programs focusing on the needs of older individuals
with cognitive impairment such as Alzheimer's disease and
other dementias, and their caregivers;
``(D) programs supporting caregivers in the role they play
in health promotion and disease prevention;
``(12)(A) building public awareness of cognitive impairment
such as Alzheimer's disease and related disorders with
neurological and organic brain dysfunction, depression, and
mental disorders; and
``(B) developing and enhancing multidisciplinary systems
for the delivery of mental health screening and treatment
referral services to improve access to community-based mental
health services for older individuals; 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. 33. 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 by amending subsection (a) 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. 34. HEALTH CARE SERVICE DEMONSTRATION PROJECTS IN RURAL
AREAS.
Section 414 of the Older Americans Act of 1965 (42 U.S.C.
3032d) 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. 35. DEMONSTRATION PROJECTS FOR MULTIGENERATIONAL
ACTIVITIES.
Section 417(c)(2) of the Older Americans Act of 1965 (42
U.S.C. 3032f(c)(2)) is amended 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)''.
SEC. 36. 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 ``problems''.
SEC. 37. MULTIDISCIPLINARY CENTERS.
Section 419 of the Older Americans Act of 1995 (42 U.S.C.
3032h) is amended--
(1) in subsection (a) by inserting ``diverse populations of
older individuals residing in urban communities,'' after
``minority populations,'', and
(2) in subsection (b)(2)--
(A) in subparagraph (E) by inserting ``, including
information about best practices in long-term care service
delivery, housing, and transportation'' before the semicolon
at the end,
(B) in subparagraph (F)--
(i) by striking ``consultation and'',
(ii) by inserting ``and other technical assistance'' after
``information'', and
(iii) by striking ``and'' at the end,
(C) in subparagraph (G) by striking the period at the end
and inserting ``; and'', and
(D) by adding at the end the following:
``(H) provide training and technical assistance to support
the provision of community-based mental health services for
older individuals.''.
SEC. 38. 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.
SEC. 39. COMMUNITY SERVICE EMPLOYMENT-BASED TRAINING FOR
OLDER AMERICANS.
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 EMPLOYMENT-BASED TRAINING FOR OLDER
AMERICANS
``SEC. 501. SHORT TITLE.
``This title may be cited as the `Older American Community
Service Employment-Based Training Act'.
``SEC. 502. OLDER AMERICAN COMMUNITY SERVICE EMPLOYMENT-BASED
TRAINING PROGRAM.
``(a) To foster individual economic self-sufficiency and to
increase the number of individuals who may enjoy the benefits
of unsubsidized employment in both the public and private
sectors, the Secretary of Labor (hereafter in this title
referred to as the `Secretary') may establish an older
American community service employment-based training program
to foster and promote useful part-time public and private-
sector employment-based training opportunities for unemployed
low-income eligible individuals who have poor employment
prospects and to provide vital social and human services to
communities by providing work experience to eligible
individuals in public agencies, community-based and faith-
based organizations.
``(b)(1) To carry out this title, the Secretary may make
grants to public and nonprofit 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. No payment
shall be made by the Secretary toward the cost of any project
established or administered by any organization or agency
unless the Secretary determines that such project--
``(A) shall provide authorized activities only for eligible
individuals, and that not less than 50 percent of hours
worked (in the aggregate) shall be in community service
employment-based training provided by a grantee in a program
year;
``(B)(i) shall provide authorized activities for eligible
individuals in the community in which such individuals
reside, or in nearby communities, and that not less than 50
percent of hours worked (in the aggregate) shall be in
community service employment-based training provided by a
grantee in a program year; 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 authorized activities,
including community service employment-based training for
such individuals, including those who are Indians residing on
an Indian reservation, as defined in section 2601(2) of the
Energy Policy Act of 1992 (25 U.S.C. 3501(2));
``(C) together with all the projects carried out under this
title in each program year by a grantee, will not provide for
participation under this title by eligible individuals (in
the aggregate) for an average period per capita that exceeds
24 months (whether or not consecutive) during the period
including the program year for which the determination under
this subparagraph is made and the previous program years in
which such grantee carried out projects under this title;
``(D) will provide employment-based training to eligible
individuals in service related to publicly owned and operated
facilities and projects, or projects sponsored by
profitmaking or 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
[[Page H4347]]
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) is intended to result in unsubsidized employment for
eligible individuals after completion of such program;
``(G)(i) will not reduce the number of job opportunities or
vacancies that would otherwise be available to individuals
not participating in such program;
``(ii) will not displace currently employed workers
(including partial displacement, such as a reduction in the
hours of non-overtime 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 place an eligible individual in employment-
based training to perform work the same or substantially the
same work as that performed by any other individual who is on
layoff;
``(H) will coordinate with training and other services
provided under title I of the Workforce Investment Act,
including utilizing the One-Stop delivery system 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 community service
employment-based training, 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;
``(J) will ensure that safe and healthy conditions of the
employment-based training facility or other training facility
will be provided, and will ensure that individuals employed
in community service and other jobs assisted under this title
shall be paid wages that shall not be lower than whichever is
the highest of--
``(i) the minimum wage that would be applicable to the
employee under the Fair Labor Standards Act of 1938, if
section 6(a)(1) of such Act applied to the participant and if
the participant were not exempt under section 13 thereof;
``(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 occupations by the same employer;
``(K) will be established or administered with the advice
of persons competent in the field of service in which job
training is 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, limited English-
speaking, and Indian eligible individuals, and eligible
individuals who have the greatest economic need, at least in
proportion to their numbers in the State 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
Vocational and Technical Education Act of 1998 (20 U.S.C.
2301 et seq.), or part A of title IV of the Social Security
Act (42 U.S.C. 601 et seq.));
``(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 program; 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
through the One-Stop delivery system 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 and
Investment Act of 1998; 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, subcontractors) and affiliates of such entities
receive an amount of the administrative cost allocation
determined by the Secretary to be sufficient.
``(2) The Secretary may establish, issue, and amend such
regulations as may be necessary to effectively carry out this
title.
``(3)(A) An assessment and service strategy required by
paragraph (1) 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) 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)(1) The Secretary may pay a 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) 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) Of the 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 administrative costs to an amount not to exceed 15
percent of the cost of such project 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
other operation requirements imposed by the Secretary;
``(ii) the number of positions in the project or the number
of minority eligible individuals participating in the project
will decline if the amount available to pay 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 cost of such project;
the Secretary shall increase the amount available for such
fiscal year to pay administrative costs to an amount not to
exceed 15 percent of the cost of such project.
``(4) Administrative costs are the costs, both personnel
and non-personnel 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--
``(i) accounting, budgeting, financial, cash management and
related data processing;
``(ii) quality assurance;
``(iii) preparing program plans;
``(iv) procurement and purchasing;
``(v) property management;
``(vi) personnel management, including personnel
administration, administration of affirmative action plans,
and training and staff development;
``(vii) administrative salaries, including clerical and
other support staff salaries;
``(viii) payroll functions;
``(ix) coordinating the resolution of findings arising from
audits, reviews, investigations, and incident reports;
``(x) audit;
``(xi) general legal services;
``(xii) developing systems and procedures, including
information systems, required for administrative functions;
``(xiii) preparing reports; and
``(xiv) other activities necessary for the general
administration of government funds and associated programs.
``(B) The costs of performing oversight and monitoring
responsibilities.
``(C) The costs of goods and services required for
administrative functions of such program, 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 such program, excluding travel costs related to
providing services.
``(E) The costs of information systems related to
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, removal of architectural
barriers, operating and maintaining assistive technology, and
evaluating program results against stated objectives.
``(5) 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)(A) 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--
``(i) participant wages, such benefits as are required by
law (such as workers compensation or
[[Page H4348]]
unemployment compensation), the costs of physical
examinations, compensation for scheduled work hours during
which an employer 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, 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) Not less than 65 percent of the funds made available
under a grant made under this title (excluding a grant made
under subsection (d)) shall be used to pay wages and benefits
for eligible individuals who are employed under projects
carried out under this title.
``(d) Pilot, Demonstration, and Evaluation Projects.--The
Secretary 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 specialized methods, in addressing the
employment and training needs of eligible individuals. Such
projects may include--
``(1) activities linking businesses and eligible
individuals, including assistance to participants
transitioning from subsidized activities to private-sector
employment; and
``(2) demonstration projects and pilot projects designed
to--
``(A) attract more eligible individuals into the labor
force;
``(B) improve the provision of services to eligible
individuals under the One-Stop delivery system established in
accordance with title I of the Workforce Investment Act of
1998;
``(C) enhance the technological skills of eligible
individuals; and
``(D) provide incentives to grantees under this title for
exemplary performance and incentives to businesses to promote
their participation in the program under this title;
``(3) demonstration projects and pilot projects, as
described in paragraph (2), for older workers 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;
``(4) training and technical assistance to support any
project funded under this title;
``(5) dissemination of best practices; and
``(6) evaluation of the activities authorized under this
title.
``SEC. 503. ADMINISTRATION.
``(a) State Plan.--
``(1) Chief executive officer submits plan.--For a State to
be eligible to receive an allotment under section, 506, the
chief executive officer 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 3-year strategy for the statewide provision of training and
related 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).
``(2) Recommendations.--In developing the State plan prior
to its submission to the Secretary, the chief executive
officer of the State 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 chief
executive officer in accordance with paragraph (1) shall be
accompanied by copies of public comments relating to the plan
received pursuant to paragraph (4) and a summary thereof.
``(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,
including individuals who are limited English proficient; and
``(iii) eligible individuals who are individuals with
greatest social need;
``(D) the current and projected employment opportunities in
the State, 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.
``(5) Chief executive officer's recommendations on grant
proposals.--Before a proposal for a grant under this title
for any fiscal year is submitted to the Secretary, the chief
executive officer of each State in which projects are
proposed to be conducted under such grant shall be afforded a
reasonable opportunity to submit recommendations to the
Secretary--
``(A) 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 under served 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 any
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 plans and considering
recommendations under this subsection, disruptions in the
provision of services for current participants shall be
avoided 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 with funds reserved under
section 506(a)(3) may not be required to participate in the
State planning processes described in this section but will
collaborate with the Secretary to develop a plan for projects
and services to eligible individuals who are Indians.
``(b) Coordination With Other Federal Programs.--
``(1) 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 job opportunities available to older individuals.
``(2) The Secretary shall coordinate programs carried out
under this title with the program carried out under the
Workforce Investment Act of 1998, the Community Services
Block Grant Act, the Rehabilitation Act of 1973, the Carl D.
Perkins Vocational and Technical Education Act of 1998 (20
U.S.C. 2301 et seq.), the National and Community Service Act
of 1990 (42 U.S.C. 12501 et seq.), and the Domestic Volunteer
Service Act of 1973 (42 U.S.C. 4950 et seq.). 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. 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 Vocational and Technical Education Act of 1998, the
National and Community Service Act of 1990, or the Domestic
Volunteer Service Act of 1973. The preceding sentence shall
not be construed to prohibit carrying out projects under this
title jointly with programs, projects, or activities under
any Act specified in such sentence, or from carrying out
section 512.
``(3) 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.
``(c) In carrying out this title, the Secretary may use,
with their consent, the services, equipment, personnel, and
facilities of Federal and other agencies with or without
reimbursement, and on a similar basis to cooperate with other
public and private agencies and instrumentalities in the use
of services, equipment, and facilities.
``(d) Payments under this title may be made in advance or
by way of reimbursement and in such installments as the
Secretary may determine.
``(e) The Secretary shall not delegate any function of the
Secretary under this title to any other Federal officer or
entity.
[[Page H4349]]
``(f)(1) 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) 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) 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) 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) The Secretary shall establish by rule and implement a
process to evaluate, in accordance with section 513, the
performance of projects and services carried out under this
title. The Secretary shall report to the 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) Eligible individuals who are participants in
authorized activities 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) No grant, subgrant, 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, contract, subgrant, or subcontract
shall enjoy workers' compensation coverage equal to that
provided by law for covered employment.
``SEC. 505. INTERAGENCY COOPERATION.
``(a) 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) The Secretary shall consult and cooperate with the
Director of the Office of Community Services, the Secretary
of Health and Human Services, and the heads of other Federal
agencies that carry out related programs, in order to achieve
optimal coordination with such other programs. In carrying
out this section, the Secretary shall promote programs or
projects of a similar nature. Each 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)(1) The Secretary shall promote and coordinate
carrying 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) The Secretary shall consult with the Secretary of
Education to promote and coordinate carrying out projects
under this title jointly with workforce investment activities
in which eligible individuals may participate that are
carried out under the Carl D. Perkins Vocational and
Technical Education Act of 1998.
``SEC. 506. DISTRIBUTION OF ASSISTANCE.
``(a) Reservations.--
``(1) Reservation for national activities.--Of the funds
appropriated to carry out this title for each fiscal year,
the Secretary may first reserve up to 1.5 percent to carry
out demonstration projects, pilot projects, and evaluation
projects under section 502(d).
``(2) Reservation for territories.--Of the funds
appropriated to carry out this title for each fiscal year,
the Secretary shall reserve up to 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
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 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 2006 level of
activities.--
``(A) The Secretary shall reserve the amount of funds
necessary to maintain the fiscal year 2006 level of
activities supported by grantees that operate under this
title under national grants from the Secretary, and the
fiscal year 2006 level of activities supported by State
grantees under this title, in proportion to their respective
fiscal year 2006 levels of activities.
``(B) If in any fiscal year for which 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 2006 level of
activities.--
``(A) Up to $35,000,000.--The amount of funds remaining
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 55 years of age 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 the amount provided under
subsection (c) is--
``(A) equal to or less than the amount necessary to
maintain the fiscal year 2006 level of activities, allotments
for grantees that operate under this title under national
grants from the Secretary in each State shall be proportional
to their fiscal year 2006 level of activities; or
``(B) greater than the amount necessary to maintain the
fiscal year 2006 level of activities, no State shall be
provided a percentage increase above the fiscal year 2006
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 such percentage increase
above the fiscal year 2006 level of activities 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.
``(3) Reduction.--Allotments for States not affected by
paragraphs (1) and (2)(B) of this subsection 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 55 years of age or older
in the State and the allotment percentage of such State bears
to the sum of the corresponding product 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 the amount provided under
subsection (c) is--
``(A) equal to or less than the amount necessary to
maintain the fiscal year 2006 level of activities, allotments
for State grantees in each State shall be proportional to
their fiscal year 2006 level of activities; or
``(B) greater than the amount necessary to maintain the
fiscal year 2006 level of activities, no State shall be
provided a percentage increase above the fiscal year 2006
level of activities for State grantees in the State that is
less than 30 percent of such percentage increase above the
fiscal year 2006 level of activities for State grantees in
all of the States.
``(3) Reduction.--Allotments for States not affected by
paragraphs (1) and (2)(B) of this subsection shall be reduced
proportionally to satisfy the conditions in such paragraphs.
``(f) Allotment Percentage.--For purposes of subsections
(d) and (e)--
``(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 55 years of age 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
[[Page H4350]]
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.--For purposes of 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 2006 level of activities.--The term
`fiscal year 2006 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 2006; and
``(B) with respect to State grantees, their level of
activities for fiscal year 2006.
``(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 under national grants from the
Secretary.
``(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 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 in 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.
``SEC. 510. ELIGIBILITY FOR WORKFORCE INVESTMENT ACTIVITIES.
``Eligible individuals under this title may be considered
by local workforce investment boards established under title
I of the Workforce Investment Act of 1998 to satisfy the
requirements for receiving services under such title I that
are applicable to adults.
``SEC. 511. 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. 512. COORDINATION WITH THE WORKFORCE INVESTMENT ACT OF
1998.
``(a) Partners.--Grantees under this title shall be One-
Stop partners as described in subparagraphs (A) and (B)(vi)
of section 121(b)(1) of the Workforce Investment Act of 1998
(29 U.S.C. 2841(b)(1)) in the One-Stop delivery system
established under section 134(c)) of such Act (29 U.S.C.
2864(c))) for the appropriate local workforce investment
areas, and shall carry out the responsibilities relating to
such partners.
``(b) Coordination.--In local workforce investment areas
where more than 1 grantee under this title provides services,
the grantees shall--
``(1) coordinate their activities related to the One-Stop
delivery system; and
``(2) shall 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. 513. PERFORMANCE.
``(a) Measures.--
``(1) Establishment of measures.--The Secretary shall
establish, in consultation with grantees, subgrantees, and
host agencies under this title, States, older individuals,
area agencies on aging, and other organizations serving older
individuals, performance measures for each grantee for
projects and services carried out under this title.
``(2) Content.--
``(A) Composition of measures.--The performance measures
established by the Secretary in accordance with paragraph (1)
shall consist of--
``(i) core indicators of performance specified in
subsection (b)(1) and the expected levels of performance
applicable to each core indicator of performance, and
``(ii) 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 subsection (b)(1). The
agreement shall take into account the factors described in
subparagraphs (B) and (D) and other appropriate factors as
determined by the Secretary, and shall be consistent with the
requirements of subparagraph (E). Funds under the grant may
not be awarded until such agreement is reached.
``(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 welfare
participation, in the areas served by a grantee, relative to
other areas of the State 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 served by a grantee
relative to grantees serving other areas of the State or
Nation.
``(iv) Changes in Federal, State, or local minimum wage
requirements.
``(E) Placement.--
``(i) Level of performance.--For all grantees, the
Secretary shall establish a 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)(A). If a grantee achieved a
level of performance less than the percentage specified in
such clause for the preceding fiscal year for which results
are available before the enactment of the Senior Independence
Act of 2006, the Secretary shall provide technical assistance
to assist such grantee to achieve the applicable percentage
specified in such clause.
``(ii) Required placement percentages.--The minimum
percentage for the entry into unsubsidized employment
described in subsection (b)(1)(A) is--
``(I) 22 percent in fiscal year 2007;
``(II) 24 percent in fiscal year 2008;
``(III) 26 percent in fiscal year 2009;
``(IV) 28 percent in fiscal year 2010; and
``(V) 30 percent in fiscal year 2011.
``(3) Performance evaluation of grantees.--The Secretary
shall annually establish national performance measures for
each grantee under this title, which shall be applicable to
the grantee without regard to whether such grantee operates
such program directly or through contracts, grants, or
agreements with other entities. The measures shall include
the core indicators of performance and expected level of
performance for each such indicator, and the additional
indicators of performance. In addition, the Secretary shall
annually publish the actual performance of each grantee with
respect to--
``(A) the levels achieved for each of the core indicators
of performance, compared to expected levels of performance
under paragraph (2)(C) (including any adjustments to such
levels made in accordance with to paragraph (2)(D)); and
``(B) the levels achieved for each of the additional
indicators of performance.
``(4) Limitation.--An agreement to be evaluated on the
performance measures 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) entry into unsubsidized employment;
``(B) retention in unsubsidized employment for 6 months;
``(C) earnings; and
``(D) hours (in the aggregate) of community service
employment-based training pursuant to subparagraphs (A) and
(B)(I) of section 502(b)(1).
``(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) the number of eligible individuals served, including
the number of participating individuals described in section
516(2)(A)(ii), and
``(C) any other indicators of performance that the
Secretary determines to be appropriate to evaluate services
and performance.
``(c) Definitions of Indicators.--The Secretary, after
consultation with national and State grantees,
representatives of business and labor organizations, and
providers of services, shall issue rules that define the
indicators of performance described in subsection (b).
``(d) Corrective Efforts.--
``(1) 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 514 has met
the expected levels of performance established under
subsection (a)(2)(c) (including any adjustments
[[Page H4351]]
to such levels made in accordance with to 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
grantee fails to meet the expected levels of performance
described in paragraph (1), the Secretary 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 subparagraph (A)
shall detail the steps the grantee will take to meet the
national performance measures in the next program year.
``(2) State grantees.--
``(A) In general.--Not later than 120 days after the end of
the 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 to subsection (a)(2)(D)) for the core
indicators of performance described in subsection (b)(1).
``(B) Technical assistance and corrective action plan.--If
a State fails to meet the levels of performance described in
subparagraph (A), the Secretary 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.
``(C) Content.--The plan described in subparagraph (B)
shall detail the steps the State will take to meet the
standards.
``(D) Failure to meet performance measures for the third
year.--If the State fails to meet the levels of performance
described in subparagraph (A) for a third consecutive program
year, the Secretary shall provide for the conduct by the
State of a competition to award the funds allocated to the
State for the first full program year following the
Secretary's determination that the State has not met the
performance measures.
``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 to eligible applicants to carry
out projects under this title for a period of 3 years through
a competitive process except as provided in paragraph (2).
``(2) Continuation of approval based on performance.--If
the recipient of a grant made under paragraph (1) satisfies
the requirements of section 513 during such 3-year period
(and the succeeding 1-year period for which any grant is made
under this paragraph) with respect to a project, the
Secretary may award grants to such recipient to continue such
project beyond such 3-year period for not to exceed 2
successive 1-year periods without regard to such process.
``(b) Eligible Applicants.--An applicant shall be eligible
to receive a grant under subsection (a) in accordance with
section 502(b)(1), and subsections (c) and (d).
``(c) Criteria.--The Secretary shall select the eligible
applicants to receive grants under subsection (a) based on
the following:
``(1) The applicant's ability to administer a program that
serves the greatest number of eligible individuals, giving
particular consideration to individuals with greatest
economic need, greatest social need, poor employment history
or prospects, and over the age of 65.
``(2) The applicant's ability to administer a program 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 community.
``(3) The applicant's ability to administer a program that
moves eligible individuals into unsubsidized employment.
``(4) The applicant's prior performance, if any, in meeting
performance measures under this title and under other Federal
or State programs.
``(5) The applicant's ability to move individuals with
multiple barriers to employment into unsubsidized employment.
``(6) The applicant's ability to coordinate with other
organizations at the State and local level.
``(7) The applicant's plan for fiscal management of the
program to be administered with funds received under this
section.
``(8) Any additional criteria that the Secretary considers
to be appropriate in order to minimize disruption for current
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 organization's history with regard to the management of
other grants.
``(3) Failure to satisfy test.--The failure to satisfy any
1 responsibility test that is listed in paragraph (4),
excluding those listed in subparagraphs (A) and (B), does not
establish that the organization 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 organization 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.
``(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 applicants as agreed
to in a current or recent grant or to meet applicable
performance measures.
``(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 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 findings.
``(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.
``SEC. 515. AUTHORIZATION OF APPROPRIATIONS.
``(a) There is 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) 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) 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) technical assistance; or
``(2) grants or contracts for any other program under this
title.
``SEC. 516. DEFINITIONS.
``For purposes of this title:
``(1) Community service employment-based training.--The
term `community service employment-based training' means work
experience that is related to providing 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; conservation, maintenance, or restoration
of natural resources; community betterment or beautification;
antipollution and environmental quality efforts;
weatherization activities; economic development; and such
other services essential and necessary to the community as
the Secretary determines by rule.
``(2) Eligible individual.--The term `eligible individual'
means an individual who is 55 years of age or older and who
has a low income (including any such individual whose income
is not more that 125 percent of the poverty line), excluding
any income that is unemployment compensation, benefits
received under title XVI of the Social Security Act, veterans
payments, or 25 percent of the benefits received under title
II of the Social Security Act, but--
``(A) pursuant to regulations prescribed by the Secretary,
any such individual who meets one or more of the following
criteria shall have priority for the work opportunities
provided under this title--
``(i) is 65 years of age or older; or
``(ii) has one or more of the following barriers to
employment:
``(I) has a disability;
``(II) has limited English proficiency or low literacy
skills;
``(III) resides in a rural area;
``(IV) is a veteran;
``(V) has low employment prospects; or
``(VI) has failed to find employment after utilizing
services provided under title I of the Workforce Investment
Act of 1998; and
``(B) notwithstanding any other provision of this
paragraph, excludes--
``(i) an individual who has participated in projects under
this title for a period of 48 months in the aggregate
(whether or not consecutive) after the date of the enactment
of the Senior Independence Act of 2006; and
``(ii) an individual who has participated in projects under
this title for a period of 24 months in the aggregate
(whether or not consecutive) after the date of the enactment
of the Senior Independence Act of 2006 if such individual
participated more than 24 months in the aggregate (whether or
not consecutive) under title V of this Act, as in effect
before the date of the enactment of the Senior Independence
Act of 2006.
``(3) Income.--The term `income' means income received
during the 12-month period (or, at the option of the grantee
involved, the 6-month
[[Page H4352]]
period that is not multiplied) ending on the date an eligible
individual submits an application to participate in the
project carried out under this title by such grantee.
``(4) 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.
``(5) Program.--The term `program' means the older American
community service employment-based training program
established under this title.
``(6) 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.
``(7) Unemployed individual.--The term `unemployed
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.''.
SEC. 40. NATIVE AMERICANS CAREGIVER SUPPORT PROGRAM.
Section 643 of the Older Americans Act of 1965 (42 U.S.C.
3057n) is amended by striking ``title--'' and all that
follows through the period at the end, and inserting ``title
such sums as may be necessary for fiscal years 2007, 2008,
2009, 2010, and 2011.
SEC. 41. 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. 42. NATIVE AMERICAN ORGANIZATION PROVISIONS.
Section 751(d) of the Older Americans Act of 1965 (42
U.S.C. 3058aa(b)) is amended by striking ``2001'' and
inserting ``2007''.
SEC. 43. ELDER ABUSE, NEGLECT, AND EXPLOITATION PREVENTION.
Section 721 (b) of the Older Americans Act of 1965 (42
U.S.C. 3058i(b)) is amended--
(1) by inserting after paragraph (1) the following new
paragraph:
``(2) providing for public education and outreach to
promote financial literacy and prevent identity theft and
financial exploitation of older individuals;''; and
(2) by redesignating paragraphs (2) through (8) as
paragraphs (3) through (9), respectively.
SEC. 44. TECHNICAL AMENDMENTS.
The Older Americans Act of 1965 (42 U.S.C. 2001 et seq.) is
amended--
(1) in section 202(e)(1)(A) by striking the semicolon at
the end and inserting a period, and
(2) by inserting before section 401 the following:
``TITLE IV--ACTIVITIES FOR HEALTH, INDEPENDENCE AND LONGEVITY''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. McKeon) and the gentleman from Texas (Mr. Hinojosa)
each will control 20 minutes.
The Chair recognizes the gentleman from California.
General Leave
Mr. McKEON. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks and
include extraneous information on H.R. 5293.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. McKEON. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in strong support of H.R. 5293, the Senior
Independence Act of 2006, and I ask my colleagues to join me in
supporting this critical measure.
Today supporting the needs of older Americans is more important than
ever. More than 49 million people in the United States are over the age
of 60, making it the fastest-growing age group in the country. By the
year 2050, that number will reach nearly 90 million and comprise almost
a quarter of our population. This trend requires substantial reforms to
ensure the quality and effectiveness of Federal programs aimed at
assisting the elderly.
Last month the Education and the Workforce Committee approved the
bipartisan bill before us, legislation that will make those additional
reforms by reauthorizing and strengthening the Older Americans Act.
Initially established in 1965, the Older Americans Act has
transformed into the first stop for seniors to identify home- and
community-based long-term care options, as well as other supportive
services that can help prevent or delay expensive institutional care
and generate significant savings in Federal entitlement programs. And
H.R. 5293 builds on that progress.
Specifically, the bipartisan Senior Independence Act will, number
one, promote measures such as nutrition programs and health screens
that reduce seniors' risk of injury, disease or disability; two,
improve access to health care by supporting resource centers in every
community where older Americans and their families can go for reliable
information about long-term care options, community support services
and important health benefits such as Medicare, prescription drug
coverage; and number three, encourage States and communities to plan
for an increasing number of older Americans.
{time} 1115
This bill also reauthorizes the Senior Community Service Employment
Program to provide older individuals with temporary employment-based
training opportunities. These opportunities can help seniors obtain the
skills they need to obtain a full- or part-time unsubsidized job. This
program is a means to an end and should not be considered permanent
employment. Therefore, this legislation requires national grantees
selected through a full and open competition and States to place 30
percent of their participants into unsubsidized employment by the year
2011.
The bill also encourages grantees to establish partnerships with
private sector businesses that can provide participants on-the-job
training and help individuals achieve their goal of obtaining
employment. At the same time, H.R. 5293 does not lose sight of the
valuable community services of this program and requires at least half
of all subsidized employment-based training to provide a community
service.
My colleagues may recall that in the past, reauthorizing the Older
Americans Act was often a very partisan process. However, this year
that has not been the case. Both Democrats and Republicans on the
Education and the Workforce Committee pulled together to make the
reforms necessary to meet the challenges of an aging population. In
fact, the bill passed our committee without any opposition whatsoever.
I want to commend the chairman of the subcommittee, Mr. Tiberi from
Ohio; and his ranking member, Mr. Hinojosa from Texas; and Mr. George
Miller, the ranking member of the full committee for their great work
and leadership in helping to craft this bill in such a thoughtful,
bipartisan manner. During this political season that is quite a rare
feat.
I close by thanking all Americans who work or volunteer to support
our country's aging network. This strong and vital network is made
possible because of a cadre of selfless volunteers who deliver meals to
homebound seniors, offer companionship, assist with activities of daily
living, and provide many other necessary supports that help older
Americans remain healthy and fulfilled. This legislation is designed to
support you, and I hope it is a positive reflection of your good work.
Mr. Speaker, Senior Independence Act aims to make the most of the
Federal investment in programs to assist older Americans. It is a good
bill worthy of our support.
Mr. Speaker, I reserve the balance of my time.
Mr. HINOJOSA. Mr. Speaker, I yield myself such time as I may consume.
I am proud to rise in support of H.R. 5293, the Senior Independence
Act. I would like to thank Chairman McKeon, Subcommittee Chairman
Tiberi, Ranking Member George Miller, and all of the members of the
Education and the Workforce Committee who have rolled up their sleeves
to produce a bipartisan bill to reauthorize the Older Americans Act.
I would also like to take a moment to commend the outstanding staff
on both sides of the aisle for their excellent work. The chairman set
up an open process, a process that aimed to engage all of the
stakeholders. That kind of process is only successful when you have
staff members who are dedicated to getting the job done and able to
synthesize the recommendations and build the consensus necessary to
move forward. I would especially like to recognize the work of Kate
Houston and Lucy House and Angela Klemack on the majority staff, as
well as Cheryl Johnson, Ricardo Martinez, and Moira Lenehan on our side
of the aisle. They made a sometimes difficult and complicated process
go smoothly, and I thank them and appreciate their good and effective
service.
Aging is a fact of life. However, through the establishment of Social
Security, Medicare, and the enactment of the Older Americans Act,
living in
[[Page H4353]]
poverty to most Americans no longer is a fact of aging. From 1959 to
2002, the percentage of older people living in poverty fell from 35
percent to only 10 percent.
The Older Americans Act of 1965 is the landmark legislation that
articulated our core values as a Nation. The act begins with a
declaration of objectives which includes the following: ``Retirement in
health, honor, dignity, after years of contribution to the economy.''
This is a statement of our national obligation to older Americans. The
Older Americans Act represents our commitment to meeting that
obligation. This law provides for supportive services such as
transportation, housekeeping, and personal care. It provides nutrition
services both in the home and in community settings. It provides
preventative health services and supports family caregivers. Finally,
it protects the rights of vulnerable older Americans by combating
consumer fraud and protecting seniors from abuse.
The legislation before us today, H.R. 5293, the Senior Independence
Act, truly represents our good faith effort to respond to the
community's will, as expressed at the White House Conference on Aging
where the reauthorization of the Older Americans Act was declared the
top priority.
The bill before us reauthorizes all of the core programs in the Older
Americans Act. It promotes greater access to services for individuals
who are more comfortable in a language other than English. It maintains
the structure of the Senior Community Service Employment Program that
reaffirms the dual purpose of the programs, employment and community
service. It strengthens the very successful Family Caregiver Program.
It promotes greater choices and health nutrition education so that our
seniors can remain at home and in their communities. It promotes
financial literacy for family caregivers and seniors so that older
Americans' physical and mental health are not jeopardized by poor
financial health. It strengthens our system of protecting older
Americans from abuse. Finally, it recognizes that seniors are a growing
resource for the aging network and for our communities in general. We
must continue to look for ways to leverage our older citizens' talents
and desires to continue to make a difference.
It is incumbent upon us all to step up and invest in these programs.
It is one sure way to help control the cost of our growing entitlement
programs. It is the right thing to do. We know that every dollar spent
providing a meal or supporting seniors so that they can remain at home
and in their communities not only improves their quality of life but
saves entitlement spending on long-term care. That is the genius of the
Older Americans Act. Yet we know that the Older Americans Act's
purchasing power per individual has dropped by 50 percent since 1980.
As we have worked in a bipartisan manner to craft a reauthorization
bill, I was pleased that we were able to advocate together for an
increase in the nutrition and support services programs in the Older
Americans Act in the Labor, HHS, and Education appropriations bill. I
hope that as we move forward with the appropriations process, we will
restore the funding that was cut for the Senior Community Service
Employment Program and that we will continue to look for ways to
increase our investment in all of the critical programs under this
Older Americans Act.
In closing, Mr. Speaker, I want to say that I look forward to
continuing to work with the chairman and all of the members of the
committee to move this legislation forward.
Mr. Speaker, I reserve the balance of my time.
Mr. McKEON. Mr. Speaker, I am pleased to yield at this time 1\1/2\
minutes to Mr. Keller, the chairman of the 21st Century Subcommittee.
Mr. KELLER. Mr. Speaker, I thank the chairman for yielding.
Mr. Speaker, I rise today in strong support of H.R. 5293, the Senior
Independence Act of 2006. This bipartisan legislation would renew the
Older Americans Act, which is our Nation's primary Federal program
overseeing the delivery of services to our Nation's elderly.
As chairman of the Subcommittee on 21st Century Competitiveness, I am
particularly supportive of the assistance the act provides to our
seniors seeking employment. This act includes the Senior Community
Service Employment Program, a community-oriented employment-based
training program for low-income older Americans. It provides work
experience and training opportunities to older individuals to help them
prepare for unsubsidized employment. Program participants receive
experience through job placements in a wide variety of occupations and
industries.
In a nutshell, this legislation helps seniors to help themselves by
providing them with valuable job training and placement assistance to
get jobs.
I urge my colleagues to support the passage of H.R. 5293.
Mr. HINOJOSA. Mr. Speaker, it gives me great pleasure to yield 3
minutes to an outstanding individual from the great State of Illinois,
the ranking member of the Government Reform Subcommittee and a
distinguished member of the Select Education Committee, Congressman
Danny Davis.
Mr. DAVIS of Illinois. Mr. Speaker, I want to thank the gentleman for
yielding.
Mr. Speaker, I have been told that you can measure the greatness of a
society by how well it treats its young, how well it treats its old,
and how well it treats those who have difficulty caring for themselves.
So I rise in strong support of this bill, which reauthorizes the Older
Americans Act.
At the outset, I want to commend and thank Chairman McKeon; Ranking
Member Miller; Subcommittee Chairman Tiberi; and the subcommittee
ranking member and my colleague from Texas, Mr. Hinojosa, for an
excellent bipartisan bill. I also want to extend my sincerest
appreciation to the staff persons on both the majority and on the
minority sides.
Mr. Speaker, I have a Seniors and Eldercare Task Force composed of a
wonderful group of experts who advise me on key issues regarding
seniors in my district back in the great city of Chicago. This act
advances many areas of concern to my district. Foremost, it expands
access of younger grandparents to the National Family Caregiver Support
Program, and it encourages States to adopt Kinship Navigator programs
for relative caregivers. My district has over 10,000 grandparent-headed
households. So the bill aids these caregivers with services that help
in their caregiving responsibilities. Further, the bill promotes
community-based services via self-directed models of care. This bill
will reduce instances of abuse and neglect and improve data collection
on the subject, building on the ideas promoted by my colleague from
Illinois, Mr. Emanuel.
I am also happy that the bill emphasizes the importance of mental
health in many ways, drawing on the spirit of the Positive Aging Act,
sponsored by Mr. Kennedy. And I want to commend Mr. Ehlers for his
efforts to make sure that the mental health component of this
legislation is strong.
Mr. Speaker, Hubert Humphrey once said that the moral test of
government is how it treats those in the dawn of life, the children,
and those who are in the twilight of life, the elderly. The Senior
Independence Act of 2006 ensures that our senior citizens would have a
greater opportunity for a happy, meaningful, and productive life. I
commend the Education and the Workforce Committee for a tremendous
piece of legislation.
Mr. McKEON. Mr. Speaker, I am happy to yield 6 minutes to the
gentleman from Ohio (Mr. Tiberi), the subcommittee chairman who has
provided the leadership to get this bill to the floor.
Mr. TIBERI. Mr. Speaker, I always tell constituents back home when
they ask me what the most important part of my job is, I tell them it
is about helping people. This legislation today is really all about
helping people, especially our senior citizens.
This bill renews our commitment to the vital programs our older
Americans use every day in our communities, in our neighborhoods, and
especially in their homes. The Committee on Education and the Workforce
voted unanimously to favorably report out the Senior Independence Act
of 2006 to the floor today. It is the product of months of hard work to
reauthorize and make meaningful amendments to the Older Americans Act.
We have heard from
[[Page H4354]]
national, from State, from local stakeholders and advocates, those
involved directly in the output of services under this act.
{time} 1130
We heard from constituents, seniors themselves, those on the
receiving end of services, as the subcommittee went into the field and
held field hearings in Edinburg, Texas, in Congressman Ruben Hinojosa's
district, and in Westerville, Ohio, in my district.
The vast aging network contributed greatly to the reauthorization
process. My gratitude goes out to all of them for their commitment to
our seniors and to the mission of the act itself. It has been an open
and a bipartisan process from the very beginning, and I believe we have
a better product and a better bill because of that process, a bill that
all Members of this House can support, and a bill that older Americans
can support as well.
I want to acknowledge the valuable contribution of the ranking member
of the subcommittee, Mr. Hinojosa from Texas, and his staff,
particularly Ricardo Martinez and Moira Lenehan, for their outstanding
contribution to this process. Thank you so much. Mr. Hinojosa has been
a devoted partner from the beginning of this process, and I am so
grateful for his work on this legislation.
I also want to acknowledge the leadership, the friendship through the
entire process that my friend Chairman McKeon has provided as well.
Thank you for your tireless work and the tireless work of your staff.
Kate Houston, Stephanie Milburn, Lucy House and Angela Klemack have all
been great champions in this work that we have before us today.
I sincerely appreciate the support from the cosponsors of the
legislation and all the members of the committee who supported the
bill. It is a testament to our sincere efforts to have open and
bipartisan process.
The Senior Independence Act builds on the successes of the programs
authorized by the Older Americans Act by strengthening services to help
individuals avoid institutional care and to improve the quality of life
for aging Americans. It promotes the development and implementation of
comprehensive, coordinated systems at the Federal, State and local
levels to streamline access to programs, benefits and help for
individuals to avoid institutional care.
It encourages local area agencies on aging to work with city and
county officials, State agencies and other community entities to plan
for the aging across multiple areas, including land use, housing,
transportation, public safety and recreation.
Among other things, Mr. Speaker, it advances the mission of evidence-
based programs to assist older Americans and their family caregivers in
learning about and making behavioral changes intended to reduce the
risk of injury, disease and disability among seniors.
The bill brings health care monitoring into the 21st century,
providing grants specifically for the development of new practices and
technologies, allowing physicians and other health care professionals
to remotely monitor the health and well-being of our seniors either in
the home or in community-based settings. It encourages providers to
deliver services in a manner responsive to the needs and preferences of
older individuals and their family caregivers.
Mr. Speaker, this bill also expands eligibility for the National
Family Caregiver Support Program to grandparents and other relatives
age 55 years and older who care for a grandchild or an adult child with
a disability.
And this bill gives attention to the rising significance of
Alzheimer's disease in our society. Current law allows caregivers to
receive support only when they are caring for adults over the age of
60. However, it is estimated that about 300,000, about 7 to 8 percent,
of the 4 million Americans diagnosed with Alzheimer's disease are
cases, are early onset.
This bill allows caregivers who care for individuals at any age with
Alzheimer's disease or other dementia or neurological disorders to
receive support from the caregiver support program.
The Senior Independence Act also emphasizes the critical link between
nutrition and prevention of chronic disease, and supports efforts to
reduce the incidence of obesity, which is a growing problem among all
segments of our society, and seniors as well.
It strengthens, finally, Mr. Speaker, the Community Service
Employment-Based Training Program for older Americans, promoting
business sector partnerships, flexibility to grantees, and recognizing
seniors as valuable assets to our communities and to our Nation,
promoting activities to harness their services for the greater good of
our community and our country.
The Education and Workforce Committee has strived to make the
necessary reforms to make the most of the Federal investment in
programs to assist older Americans, while ensuring that the growing
senior population is served by quality programs established by the 1965
law.
I thank Chairman McKeon, I thank Ranking Member Miller and Ranking
Member Hinojosa of my subcommittee for their tireless and great work
for this product. The Senior Independence Act of 2006 accomplishes all
these goals, and I am a proud sponsor of this legislation, Mr. Speaker,
and urge all my colleagues to support the bill.
Mr. McKEON. Mr. Speaker, I yield the balance of my time to the
gentleman from Ohio (Mr. Tiberi), and ask unanimous consent that he be
able to control that time.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. HINOJOSA. Mr. Speaker, I yield myself 30 seconds.
Mr. Speaker, I want to acknowledge the presence of and the comments
made by Chairman Tiberi from the State of Ohio, and I want to associate
myself with many of the comments that he made about the bipartisanship
that was seen and experienced as we worked on this legislation. I
congratulate him for his leadership and congratulate him for helping us
get to this point that we are today.
Mr. Speaker, I yield 5 minutes to the gentleman from Rhode Island
(Mr. Kennedy), a friend and colleague who serves on the powerful
Appropriations Committee and is recognized for his commitment and
passion for education and health care.
Mr. KENNEDY of Rhode Island. Mr. Speaker, I want to thank my
colleague from Texas (Mr. Hinojosa) for his great leadership on this
bill, and applaud Chairman McKeon for his leadership as well, and also
Representative Miller from California. But I want to begin by paying
special tribute to my colleague from Illinois (Mr. Davis) for his
leadership on the issues of mental health in the committee and working
to try to get more mental health provisions incorporated into this
legislation.
I also want to add a special word about my Fellow in my office, Berre
Burch. Our Fellows do enormous work for all of us. They don't get paid
for it, but they are very committed and spend long hours. Berre Burch
has been instrumental in working on many of these provisions on mental
health in this bill, as well as many others.
Mr. Speaker, I know we are in a tight budget year, and often programs
are not included in bills such as this because of the expense that they
have. But, frankly, Mr. Speaker, I am pleased to see that the mental
health needs of our seniors are included in this bill, principally
because they do help save us money. Not only do they help save us money
in long-term care costs, but they also help save lives as well. Yes,
lives.
According to the National Institutes of Health, senior citizens
commit suicide at a higher rate than any other age group in our
country. Now, understand this. Suicide is already twice the rate of
homicide in this country. People don't recognize that. For every murder
in this country, two people take their lives.
Now you can see that having senior citizens have the highest suicide
rate of all is pretty startling. It runs in the face of our notion of
what the golden years of a senior citizen's life should be all about.
We all have been guilty about understanding what it means to be a
senior citizen. A lot of us confuse dementia. We say that is part of
being old. It doesn't have to be part of what being old is all about.
We have proven, effective treatments to intervene with seniors and make
sure that the depression
[[Page H4355]]
that they may be suffering is something that is treated so that their
golden years can actually be golden years, where they can live
productive, happy lives.
But what does this country do to our seniors? They put them away.
They put them in senior high-rises. They take them away from their
families. They don't support them in their communities. They are
detached from the social networks in their communities and from the
community bonds that keep them uplifted.
Many of them lose their spouse. Many of them lose their independence.
They have physical challenges. And all of this leads, very obviously,
to anything that we would all acknowledge is depression. Who wouldn't
be depressed under these circumstances?
The fact of the matter is, Mr. Speaker, they don't have to remain
depressed. They can get treatment. We can intervene and help them out
of these very same challenges.
Mr. Speaker, this is an issue that has been looked at over and over
and over again. Surgeon General Satcher acknowledges it, the New
Freedom Commission on Mental Health by President Bush acknowledges it,
the White House Commission on Aging, all of whom say that there are
many impediments and obstacles to senior citizens getting the mental
health care that they need, none the least of which is stigma and
stereotype.
In my generation, mental health is no longer the stigma that it used
to be. But for many senior citizens, when they hear mental health, they
think that it is something wrong with them. They think it is something
morally wrong with them.
We need to tell senior citizens this is part of your health care. The
brain is part of your body. When the brain has chemical imbalances, we
need to treat those.
But, Mr. Speaker, in our country today, even in this great time of
prosperity and advancement in science, we still don't acknowledge the
brain as part of the body. When it comes to insurance coverage, we
don't have parity for mental health or for Medicare parity, which
basically means if you have depression or any other mental illness, you
are paying a higher copay for your insurance for mental health
treatment, you are paying a higher deductible for your health
insurance, you are paying a higher premium, because somehow mental
health care is treated as if it is cosmetic surgery. It is treated like
it is elective surgery. It is not treated as if it is the real physical
health challenge that so many millions of Americans face and,
tragically, so many senior citizens face on a daily basis.
But it doesn't have to be this way. I appreciate the fact that many
portions of my bill called the Positive Aging Act were included in this
legislation. But I will continue to fight for mental health parity so
that we can give all Americans access to mental health services, and I
will continue to fight for the Positive Aging Act so we get all of the
necessary community support systems in place to help treat our seniors
with the dignity and the respect that our senior citizens have earned
and that we ought to give them.
Mr. TIBERI. Mr. Speaker, I yield 2 minutes to the gentleman from
Nevada (Mr. Porter), a member of our subcommittee who was a great asset
to the development of this legislation.
Mr. PORTER. Mr. Speaker, I rise today in strong support for H.R.
5293, the Senior Independence Act of 2006.
This important piece of legislation includes two amendments I
authored along with my friend and colleague from Illinois (Mr. Davis)
regarding elderly abuse prevention and ``cash and counseling.''
Findings from the National Elder Abuse Incidence Study, which was
conducted by the National Center for Elder Abuse, suggests that more
than 500,000 Americans age 60 and over were victims of domestic abuse
in 1996. As shocking and profound as these numbers are, it is possible
that they are on the low end as the problem remains greatly hidden, and
cases go unreported.
A few of these cases of neglect and abuse have surfaced in the
papers. For example, an 82-year-old East St. Louis man with diabetes
who spent 2 weeks at a nursing home had to have his left leg amputated
because he did not receive proper care.
In another sickening incident, Chicago paramedics found a 94-year-old
man lying in bed unattended for so long that the bones had poked
through his skin in several places. His daughter, who was supposedly
caring for him in her home, was later charged with two counts of
criminal abuse.
Educating seniors, professionals, caregivers and the public on abuse
is critical to prevention, and this is obviously a position that
warrants the attention of this Congress.
My amendment authorizes the Assistant Secretary on Aging at the
Department of Health and Human Services to develop objectives,
priorities, policy and a long-term plan for carrying out and
coordinating elder justice activities.
In addition, this amendment will help States and local entities
coordinate their fragmented activities, and I believe it will
ultimately improve elder justice efforts across our great country.
I would like to thank my colleague from Illinois (Mr. Davis) for
taking the lead on the cash and counseling amendment. This amendment
will support consumer-driven models of home- and community-based care
and help prevent high-risk individuals from spending down their savings
to receive Medicaid. It does not create a new program. Instead, it
revises language in current law that directs the Administration on
Aging to develop policy alternatives for long-term care.
Activities such as cash and counseling programs have the potential to
generate significant savings to large taxpayer-funded entitlement
programs like Medicare and Medicaid. So I think this amendment makes
fiscal sense, and I urge my colleagues to support it.
Once again, I would like to thank Mr. Davis from Illinois for his
help on these important amendments, and also thank Representative
Tiberi for his work on the underlying legislation. I urge my colleagues
to support H.R. 5293.
{time} 1145
Mr. HINOJOSA. Mr. Speaker, I am pleased to be able to give 3 minutes
to a hardworking and a valued member of the Education and Workforce
Committee and also a member of the Government Reform Committee,
Congressman Kucinich from Cleveland, Ohio.
Mr. KUCINICH. Mr. Speaker, I want to thank the gentleman from Texas
who serves ably on the Committee. And it is a good demonstration here
of bipartisan support, and I certainly want to add to it by supporting
the legislation.
I also think that I can speak for many Members in saying how much we
appreciate Representative Kennedy's role in all of this. He has shown
himself to be a very valuable Member of this Congress, and his voice is
an important voice in this Congress, and we certainly want to do all we
can to not only further his leadership, but encourage his
participation.
I want to say, though, to Mr. Tiberi, who has done a very good job on
this, there is a gaping hole in this legislation, and we need to
address it in conference. I intended to offer an amendment that would
help provide for administrations on aging and thousands of volunteers
nationwide from being squeezed by the rising cost of gasoline. My
amendment would have provided a nonbinding formula for calculating
annual increases in fuel cost for the three Older American Act programs
that are most heavily dependent on transportation. These programs
include the in-home nutrition services, the congregate nutrition
services, and the supportive services that provide rides to doctors'
appointments, trips to the grocery store and to senior centers, among
other services.
These programs help seniors maintain their independence, dignity and
health. In 2003, the supportive services gave almost 36 million rides
and provided 20 million hours of personal care, homemaker and chore
services. In that same year, 248 million meals were served. Each meal
required transportation.
According to the Energy Information Administration, the price of gas
the week ending on Christmas of the year 2000 was $1.60. The price of
gas for the week of May 15, 2006, was $3.15. In other words, since the
Older Americans Act was last authorized, gas prices have doubled.
[[Page H4356]]
High gas prices heavily impact programs like meal and transportation
services. First, programs have to cut back services for all
nonessential trips such as family visits, general shopping, trips to
the workplace, and other social activities. Second, volunteer drivers,
many of whom are retired and on fixed incomes, are quitting because
their mileage reimbursement rates can't be updated by the underfunded
Administration on Aging. Finally, as gas prices squeeze seniors living
at the financial margin, forcing them to lose their independence, they
rely more heavily on services like those provided by the Administration
on Aging through the Older Americans Act.
At the same time that prices have gone up, funding has gone down. My
amendment would have held harmless from rising gasoline prices the
congregate and in-home nutrition services as well as the supportive
services by authorizing a yearly adjustment to the fuel component of
their budget. If the price of crude oil rises year after year, then the
agency's fuel budgets would rise a proportionate amount. If oil prices
fall, fuel budgets would fall as well.
Although I strongly support the underlying bill, I want to say that
it is important that the House address this in conference. We have to
do more to make sure our mothers, fathers, siblings, and grandparents
are not losing the services they need to help them lead an independent,
dignified, healthy life because of high gas prices. Keep it in mind, so
many services are dependent on transportation. If the price of
transportation goes up, we don't want senior citizens hurt from this. I
ask Mr. Tiberi to do everything he can in conference to help our senior
citizens meet this. I thank my fellow colleagues.
Mr. TIBERI. Mr. Speaker, I yield 2 minutes to a contributing member
of the Education and Workforce Committee, a veteran member of the
committee from Michigan, Mr. Ehlers.
Mr. EHLERS. Mr. Speaker, I rise in strong support of the Senior
Independence Act. I commend Congressman Tiberi and Chairman McKeon for
their work on this bill. I especially thank Chairman McKeon,
Congressman Danny Davis, and their staff members Kate Houston and Jill
Hunter-Williams for their work on adding mental health provisions to
the bill.
Last winter I had the pleasure of meeting with Suzanne Ogland-Hand,
the director of the Center For Senior Care at Pine Rest Christian
Mental Health Services, a very large faith-based psychiatric hospital
located in my district. Ms. Ogland-Hand had served as my delegate to
the White House Conference on Aging, and provided valuable input to
both the conference and to me regarding the need for a focus on
seniors' mental health at the Administration on Aging.
Throughout my life and career, I have met many people, including
seniors, who are affected by mental health problems. Certainly the
stigma related to mental health issues for seniors is significant. I
know this personally because my mother suffered from mental health
problems and was very ashamed of it.
I have observed the devastating impact untreated mental health
conditions have on individuals and their family members' lives. This
bill makes positive steps towards encouraging awareness and
coordination of mental health service for seniors. I urge my colleagues
to support this bill and vote in favor of it.
Mr. HINOJOSA. Mr. Speaker, I yield myself such time as I may consume.
I would like to make some closing remarks and acknowledge that during
this opportunity that I have had in a year and a half to work with
Chairman Tiberi, I have learned to appreciate his commitment to helping
people, as he said in his opening remarks, and this bill, H.R. 5293,
which will amend the Older Americans Act of 1965, to authorize
appropriations for fiscal year 2007 through 2011, and for other
purposes, is one that makes me feel very proud to be a part of this
work that has been accomplished. I am a proud sponsor of this bill, and
I urge my colleagues to vote in favor of it.
Mr. Speaker, I yield back the balance of my time.
Mr. TIBERI. Mr. Speaker, I yield 2 minutes to the gentleman from
Nebraska, another contributing member of the Education and the
Workforce Committee, Mr. Osborne.
Mr. OSBORNE. Mr. Speaker, as an older American, I rise in strong
support of H.R. 5293, the Senior Independence Act, which reauthorizes
the Older American Act. And I want to congratulate Chairman Tiberi, who
is not an older American, but he is getting there, as well as Chairman
McKeon and Ranking Member Miller and Mr. Hinojosa.
The Senior Independence Act, as has been pointed out many times,
reauthorizes and strengthens the delivery of social services for older
Americans. In my State, Nebraska, 13.6 percent of our population are
over 65. In most States, the average is between 10 and 15 percent, and
this is a very rapidly increasing percentage. So this is an important
segment of our population, and I would like to focus in my brief time
here on the significance and the possibilities that lie before seniors.
President Bush stated this. He said, ``Too often society views
retirement as an ending not just of a career, but of an active life.
For many, even most, the opposite is true. Today's elderly are the
healthiest, most energetic, best-educated generation of seniors in
history. They have more free time, and they want to use it. They have
the wisdom of years, and they want to share it.''
So seniors are a vast untapped resource in our society, and so we
think that we need to better harness those abilities and those talents
that they have.
During committee consideration of this legislation, I along with Mr.
Fortuno offered an amendment to authorize a pilot project within the
Administration on Aging called the Silver Scholarship Initiative to
encourage and reward older Americans who dedicate at least 600 hours of
service each year to their communities by providing them a $1,000
educational award. This award can be used for themselves or, probably
more likely, for grandchildren, members of their family, or just a
young person that they want to designate. This would allow us to
harness those volunteer hours and make this more a useful period of
their lives.
So while this provision was not added to the bill, I strongly believe
in this idea, and I hope that Congress will keep looking for ways to
encourage all Americans, especially seniors, to contribute to their
communities in the form of this service.
Thank you, and I want to encourage passage of this bill.
Mr. TIBERI. Mr. Speaker, I yield 1 minute to the gentleman from New
Jersey (Mr. LoBiondo).
Mr. LoBIONDO. Mr. Speaker, I would like to thank the chairman for his
hard work in building a coalition to put this bill together, and
particularly I rise in strong support of the provisions reauthorizing
the vital senior nutrition programs. This legislation, like the Stop
Senior Hunger Act that I introduced last year, recognizes how important
these programs are and how much they help the elderly, the homebound,
the disabled, and the frail across America. The senior nutrition
programs and these services play a vital role in helping older
Americans lead active, independent, healthy lives and avoid unnecessary
institutionalization.
The Older Americans Act nutrition programs serve about 250 million
congregate and in-home meals to about 6.6 million older adults
annually. I have been on some of the deliveries with the volunteers to
the Meals on Wheels program. I have had an opportunity to look into the
faces of the seniors who are receiving these programs. Very often it is
the only contact of the day. It is an extremely cost-effective program,
but, more importantly, it is a program that genuinely helps seniors.
These meals support quality of life, promote independence, reduce
health care costs, decrease nursing home admissions, and help those
with long-term illnesses and those who may just need a little short-
term assistance after the hospital stay during the time of need. In the
words of the Meals on Wheels Association of America, the oldest and
largest organization representing senior meal programs, these programs
are needed so no senior goes hungry.
Mr. TIBERI. Mr. Speaker, it has been an honor and a privilege to be
the sponsor of this legislation, to work with Chairman McKeon, before
him Chairman Boehner, the ranking member of
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the subcommittee, Mr. Hinojosa, the field hearings that we had, the
wonderful staff, the bipartisan vote out of committee. I urge all my
colleagues to vote ``aye'' on this great piece of legislation for our
aging seniors across our country.
Mr. WU. Mr. Speaker, I rise in strong support of the Senior
Independence Act of 2006.
The Older Americans Act was enacted in 1965 to establish the
Administration on Aging to institute and support Federal nutritional
and social programs for this Nation's seniors, and since then, millions
of this Nation's elderly have benefited from the Act's many programs.
This Act is more important to the country today than ever before.
More than 49 million people in the United States are over the age of
60, making it the fastest growing age group in the country. By 2050,
that number will reach nearly 90 million and will count as almost a
quarter of our population.
With this rapid demographic increase, it is essential that we ensure
the establishment of effective Federal efforts to aid America's
elderly. There are more seniors who are minorities, more seniors who
are trying to go back to work; more seniors who are living longer; and
more seniors living in urban areas. Specifically, the Senior
Independence Act will promote home- and community-based supports to
help older individuals avoid institutional care, strengthen health and
nutrition programs, improve educational and volunteer services,
increase Federal, State, and local coordination, and safeguard
employment-based training for older Americans.
This Act was conceived forty years ago in a spirit of bipartisanship
to better the lives of those put in less fortunate circumstances. I
would like to commend Chairman McKeon and Ranking Member Miller today
on their spirit of bipartisanship during this reauthorization.
I am especially thankful to the Chairman and his committee staff for
working with me to include my amendments that would recognize the
growing number of older Americans who are living in urban areas and
would encourage life-long learning.
The number of Americans aging in urban areas is growing and its
diversity is increasing. Between 1999 and 2030, the urban minority
population of 65 and older is projected to increase by 217 percent, as
compared with the projected 81 percent increase among the white
population. My amendment, which has been included in the bill, will
assist urban seniors by providing grants to discover how older
Americans can age successfully in urban areas.
The bill also adds my amendment to promote and disseminate
information about lifelong learning programs. Researchers and
clinicians are increasingly interested in the concept of successful
aging, and they are finding that a person who engages in a healthy
lifestyle including continuing education, thinking and maintaining
social contacts are part of successful.
Together, these amendments will improve the lives of older Americans
by helping to address the unique needs of those living in urban areas
and also to help promote the benefits of taking part in life-long
learning programs.
In closing, I would also like to pause and remember the life and work
of Dr. Elizabeth Kutza. Dr. Elizabeth Kutza was the Professor of
Community Health and former Director of the Institute on Aging at
Portland State University. Dr. Kutza died on Friday, June 9, 2006,
after a seven-year battle with breast cancer. Dr. Kutza and her family
are in my thoughts and prayers.
Again, I would like to thank Chairman McKeon and Ranking Member
Miller for their outstanding writing of this bill and for making sure
that the Older Americans Act can continue to provide for the growing
number of seniors in our country today.
Mr. HOLT. Mr. Speaker, I rise in support of providing the social and
nutritional support that older Americans need, and in support of the
Seniors Independence Act of 2006.
Since originally enacted in 1965, the Older Americans Act has been an
important vehicle by which senior citizens in need have received
nutritional support, community service employment, pension counseling
services, protections against neglect and abuse, and many other
services.
Nutrition services through Title III of the Older Americans Act, such
as the ``Meals on Wheels'' program, are essential in helping senior
citizens who cannot prepare their own food to still have access to
convenient and nutritious meals. The program serves those most in need,
such as the aged, the less affluent, those who live alone, and members
of minority groups.
I was pleased that I was able to amend the Seniors Independence Act
during markup to stop the Department of Labor from using an unfair
calculation of income to determine eligibility for Title V seniors
community service employment programs (SCSEP). In January 2005, the
Department of Labor issued a ``Training and Employment Guidance
Letter'' that unilaterally changed the eligibility criteria for Title
V. Instead of discounting certain forms of income like veterans'
compensation, Social Security Disability Insurance, unemployment
compensation, and a portion of traditional Social Security benefits,
the new regulation mandated inclusion of that income, thus making fewer
seniors eligible for vital services.
It would be inconsistent to state that the program targets persons
with greatest economic need and persons who are disabled, and then use
their Social Security income or disability benefits to exclude them
from participation. It would also be a mistake to hold someone's
service in the Armed Forces against them in determining their
eligibility for employment assistance. The amendment that I offered in
the Education and the Workforce Committee restores the eligibility
criteria to the pre-2005 levels, and it was unanimously agreed to. I
thank Chairman McKeon and the rest of the committee for their help and
cooperation on this issue.
Mr. Speaker, the Seniors Independence Act of 2006 reauthorizes vital
services for some of the most vulnerable Americans, and those in
greatest need. I rise in support of H.R. 5293, and I urge its passage
by this body.
Mr. TIBERI. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. McKeon) that the House suspend the rules
and pass the bill, H.R. 5293, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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