[Congressional Record Volume 152, Number 124 (Thursday, September 28, 2006)]
[House]
[Pages H7746-H7770]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
{time} 1630
OLDER AMERICANS ACT AMENDMENTS OF 2006
Mr. McKEON. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 6197) to amend the Older Americans Act of 1965 to authorize
appropriations for fiscal years 2007 through 2011, and for other
purposes.
The Clerk read as follows:
H.R. 6197
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Older
Americans Act Amendments of 2006''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--GENERAL PROVISION
Sec. 101. Definitions.
TITLE II--ADMINISTRATION ON AGING
Sec. 201. Elder abuse prevention and services.
Sec. 202. Functions of the Assistant Secretary.
Sec. 203. Federal agency consultation.
Sec. 204. Administration.
Sec. 205. Evaluation.
Sec. 206. Reports.
Sec. 207. Contracting and grant authority; private pay relationships;
appropriate use of funds.
Sec. 208. Nutrition education.
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Sec. 209. Pension counseling and information programs.
Sec. 210. Authorization of appropriations.
TITLE III--GRANTS FOR STATE AND COMMUNITY PROGRAMS ON AGING
Sec. 301. Purpose; administration.
Sec. 302. Definitions.
Sec. 303. Authorization of appropriations; uses of funds.
Sec. 304. Allotments.
Sec. 305. Organization.
Sec. 306. Area plans.
Sec. 307. State plans.
Sec. 308. Payments.
Sec. 309. Nutrition services incentive program.
Sec. 310. Consumer contributions.
Sec. 311. Supportive services and senior centers.
Sec. 312. Nutrition service.
Sec. 313. Congregate nutrition program.
Sec. 314. Home delivered nutrition services.
Sec. 315. Criteria.
Sec. 316. Nutrition.
Sec. 317. Study of nutrition projects.
Sec. 318. Sense of Congress recognizing the contribution of nutrition
to the health of older adults.
Sec. 319. Improving indoor air quality in buildings where older
individuals congregate.
Sec. 320. Caregiver support program definitions.
Sec. 321. Caregiver support program.
Sec. 322. National innovation.
TITLE IV--ACTIVITIES FOR HEALTH, INDEPENDENCE, AND LONGEVITY
Sec. 401. Title.
Sec. 402. Grant programs.
Sec. 403. Career preparation for the field of aging.
Sec. 404. Health care service demonstration projects in rural areas.
Sec. 405. Technical assistance and innovation to improve transportation
for older individuals.
Sec. 406. Demonstration, support, and research projects for
multigenerational activities and civic engagement
activities.
Sec. 407. Native American programs.
Sec. 408. Multidisciplinary centers and multidisciplinary systems.
Sec. 409. Community innovations for aging in place.
Sec. 410. Responsibilities of Assistant Secretary.
TITLE V--OLDER AMERICAN COMMUNITY SERVICE EMPLOYMENT PROGRAM
Sec. 501. Community Service Senior Opportunities Act.
Sec. 502. Effective date.
TITLE VI--NATIVE AMERICANS
Sec. 601. Clarification of maintenance requirement.
Sec. 602. Native Americans caregiver support program.
TITLE VII--ALLOTMENTS FOR VULNERABLE ELDER RIGHTS PROTECTION ACTIVITIES
Sec. 701. Vulnerable elder rights protection activities.
Sec. 702. Elder abuse, neglect, and exploitation.
Sec. 703. Native American organization provisions.
Sec. 704. Elder justice programs.
Sec. 705. Rule of construction.
TITLE VIII--FEDERAL YOUTH DEVELOPMENT COUNCIL
Sec. 801. Short title.
Sec. 802. Establishment and membership.
Sec. 803. Duties of the Council.
Sec. 804. Coordination with existing interagency coordination entities.
Sec. 805. Assistance of staff.
Sec. 806. Powers of the Council.
Sec. 807. Report.
Sec. 808. Termination.
Sec. 809. Authorization of appropriations.
TITLE IX--CONFORMING AMENDMENTS
Sec. 901. Conforming amendments to other Acts.
TITLE I--GENERAL PROVISION
SEC. 101. DEFINITIONS.
(a) In General.--Section 102 of the Older Americans Act of
1965 (42 U.S.C. 3002) is amended--
(1) by striking paragraph (10) and inserting the following:
``(10)(A) The term `assistive device' includes an assistive
technology device.
``(B) The terms `assistive technology', `assistive
technology device', and `assistive technology service' have
the meanings given such terms in section 3 of the Assistive
Technology Act of 1998 (29 U.S.C. 3002).'';
(2) by striking paragraph (12)(D) and inserting the
following:
``(D) evidence-based health promotion programs, including
programs related to the prevention and mitigation of the
effects of chronic disease (including osteoporosis,
hypertension, obesity, diabetes, and cardiovascular disease),
alcohol and substance abuse reduction, smoking cessation,
weight loss and control, stress management, falls prevention,
physical activity, and improved nutrition;'';
(3) by striking paragraph (24) and inserting the following:
``(24)(A) The term `exploitation' means the fraudulent or
otherwise illegal, unauthorized, or improper act or process
of an individual, including a caregiver or fiduciary, that
uses the resources of an older individual for monetary or
personal benefit, profit, or gain, or that results in
depriving an older individual of rightful access to, or use
of, benefits, resources, belongings, or assets.
``(B) In subparagraph (A), the term `caregiver' means an
individual who has the responsibility for the care of an
older individual, either voluntarily, by contract, by receipt
of payment for care, or as a result of the operation of law
and means a family member or other individual who provides
(on behalf of such individual or of a public or private
agency, organization, or institution) compensated or
uncompensated care to an older individual.'';
(4) in paragraph (29)(E)--
(A) in clause (i), by striking ``and'' at the end;
(B) in clause (ii), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(iii) older individuals at risk for institutional
placement.'';
(5) in paragraph (32)(D), by inserting ``, including an
assisted living facility,'' after ``home'';
(6) by striking paragraph (34) and inserting the following:
``(34) The term `neglect' means--
``(A) the failure of a caregiver (as defined in paragraph
(18)(B)) or fiduciary to provide the goods or services that
are necessary to maintain the health or safety of an older
individual; or
``(B) self-neglect.''; and
(7) by adding at the end the following:
``(44) The term `Aging and Disability Resource Center'
means an entity established by a State as part of the State
system of long-term care, to provide a coordinated system for
providing--
``(A) comprehensive information on the full range of
available public and private long-term care programs,
options, service providers, and resources within a community,
including information on the availability of integrated long-
term care;
``(B) personal counseling to assist individuals in
assessing their existing or anticipated long-term care needs,
and developing and implementing a plan for long-term care
designed to meet their specific needs and circumstances; and
``(C) consumers access to the range of publicly-supported
long-term care programs for which consumers may be eligible,
by serving as a convenient point of entry for such programs.
``(45) The term `at risk for institutional placement'
means, with respect to an older individual, that such
individual is unable to perform at least 2 activities of
daily living without substantial assistance (including verbal
reminding, physical cuing, or supervision) and is determined
by the State involved to be in need of placement in a long-
term care facility.
``(46) The term `civic engagement' means an individual or
collective action designed to address a public concern or an
unmet human, educational, health care, environmental, or
public safety need.
``(47) The term `elder justice'--
``(A) used with respect to older individuals, collectively,
means efforts to prevent, detect, treat, intervene in, and
respond to elder abuse, neglect, and exploitation and to
protect older individuals with diminished capacity while
maximizing their autonomy; and
``(B) used with respect to an individual who is an older
individual, means the recognition of the individual's rights,
including the right to be free of abuse, neglect, and
exploitation.
``(48) The term `fiduciary'--
``(A) means a person or entity with the legal
responsibility--
``(i) to make decisions on behalf of and for the benefit of
another person; and
``(ii) to act in good faith and with fairness; and
``(B) includes a trustee, a guardian, a conservator, an
executor, an agent under a financial power of attorney or
health care power of attorney, or a representative payee.
``(49) The term `Hispanic-serving institution' has the
meaning given the term in section 502 of the Higher Education
Act of 1965 (20 U.S.C. 1101a).
``(50) The term `long-term care' means any service, care,
or item (including an assistive device), including a disease
prevention and health promotion service, an in-home service,
and a case management service--
``(A) intended to assist individuals in coping with, and to
the extent practicable compensate for, a functional
impairment in carrying out activities of daily living;
``(B) furnished at home, in a community care setting
(including a small community care setting as defined in
subsection (g)(1), and a large community care setting as
defined in subsection (h)(1), of section 1929 of the Social
Security Act (42 U.S.C. 1396t)), or in a long-term care
facility; and
``(C) not furnished to prevent, diagnose, treat, or cure a
medical disease or condition.
``(51) The term `self-directed care' means an approach to
providing services (including programs, benefits, supports,
and technology) under this Act intended to assist an
individual with activities of daily living, in which--
``(A) such services (including the amount, duration, scope,
provider, and location of such services) are planned,
budgeted, and purchased under the direction and control of
such individual;
``(B) such individual is provided with such information and
assistance as are necessary and appropriate to enable such
individual to make informed decisions about the individual's
care options;
``(C) the needs, capabilities, and preferences of such
individual with respect to such services, and such
individual's ability
[[Page H7748]]
to direct and control the individual's receipt of such
services, are assessed by the area agency on aging (or other
agency designated by the area agency on aging) involved;
``(D) based on the assessment made under subparagraph (C),
the area agency on aging (or other agency designated by the
area agency on aging) develops together with such individual
and the individual's family, caregiver (as defined in
paragraph (18)(B)), or legal representative--
``(i) a plan of services for such individual that specifies
which services such individual will be responsible for
directing;
``(ii) a determination of the role of family members (and
others whose participation is sought by such individual) in
providing services under such plan; and
``(iii) a budget for such services; and
``(E) the area agency on aging or State agency provides for
oversight of such individual's self-directed receipt of
services, including steps to ensure the quality of services
provided and the appropriate use of funds under this Act.
``(52) The term `self-neglect' means an adult's inability,
due to physical or mental impairment or diminished capacity,
to perform essential self-care tasks including--
``(A) obtaining essential food, clothing, shelter, and
medical care;
``(B) obtaining goods and services necessary to maintain
physical health, mental health, or general safety; or
``(C) managing one's own financial affairs.
``(53) The term `State system of long-term care' means the
Federal, State, and local programs and activities
administered by a State that provide, support, or facilitate
access to long-term care for individuals in such State.
``(54) The term `integrated long-term care'--
``(A) means items and services that consist of--
``(i) with respect to long-term care--
``(I) long-term care items or services provided under a
State plan for medical assistance under the Medicaid program
established under title XIX of the Social Security Act (42
U.S.C. 1396 et seq.), including nursing facility services,
home and community-based services, personal care services,
and case management services provided under the plan; and
``(II) any other supports, items, or services that are
available under any federally funded long-term care program;
and
``(ii) with respect to other health care, items and
services covered under--
``(I) the Medicare program established under title XVIII of
the Social Security Act (42 U.S.C. 1395 et seq.);
``(II) the State plan for medical assistance under the
Medicaid program; or
``(III) any other federally funded health care program; and
``(B) includes items or services described in subparagraph
(A) that are provided under a public or private managed care
plan or through any other service provider.''.
(b) Redesignation and Reordering of Definitions.--Section
102 of the Older Americans Act of 1965 (42 U.S.C. 3002) is
amended--
(1) by redesignating paragraphs (1) through (54) as
paragraphs (45), (7), (50), (39), (26), (27), (54), (13),
(48), (8), (29), (14), (1), (2), (3), (5), (6), (10), (30),
(37), (11), (15), (16), (18), (21), (22), (23), (24), (28),
(31), (33), (35), (36), (38), (40), (41), (42), (43), (44),
(51), (53), (19), (49), (4), (9), (12), (17), (20), (25),
(34), (46), (47), (52), and (32), respectively; and
(2) so that paragraphs (1) through (54), as so redesignated
in paragraph (1), appear in numerical order.
TITLE II--ADMINISTRATION ON AGING
SEC. 201. ELDER ABUSE PREVENTION AND SERVICES.
Section 201 of the Older Americans Act of 1965 (42 U.S.C.
3011) is amended by adding at the end the following:
``(e)(1) The Assistant Secretary is authorized to designate
within the Administration a person to have responsibility for
elder abuse prevention and services.
``(2) It shall be the duty of the Assistant Secretary,
acting through the person designated to have responsibility
for elder abuse prevention and services--
``(A) to develop objectives, priorities, policy, and a
long-term plan for--
``(i) facilitating the development, implementation, and
continuous improvement of a coordinated, multidisciplinary
elder justice system in the United States;
``(ii) providing Federal leadership to support State
efforts in carrying out elder justice programs and activities
relating to--
``(I) elder abuse prevention, detection, treatment,
intervention, and response;
``(II) training of individuals regarding the matters
described in subclause (I); and
``(III) the development of a State comprehensive elder
justice system, as defined in section 752(b);
``(iii) establishing Federal guidelines and disseminating
best practices for uniform data collection and reporting by
States;
``(iv) working with States, the Department of Justice, and
other Federal entities to annually collect, maintain, and
disseminate data relating to elder abuse, neglect, and
exploitation, to the extent practicable;
``(v) establishing an information clearinghouse to collect,
maintain, and disseminate information concerning best
practices and resources for training, technical assistance,
and other activities to assist States and communities to
carry out evidence-based programs to prevent and address
elder abuse, neglect, and exploitation;
``(vi) conducting research related to elder abuse, neglect,
and exploitation;
``(vii) providing technical assistance to States and other
eligible entities that provide or fund the provision of the
services described in title VII;
``(viii) carrying out a study to determine the national
incidence and prevalence of elder abuse, neglect, and
exploitation in all settings; and
``(ix) promoting collaborative efforts and diminishing
duplicative efforts in the development and carrying out of
elder justice programs at the Federal, State and local
levels; and
``(B) to assist States and other eligible entities under
title VII to develop strategic plans to better coordinate
elder justice activities, research, and training.
``(3) The Secretary, acting through the Assistant
Secretary, may issue such regulations as may be necessary to
carry out this subsection and section 752.
``(f)(1) The Assistant Secretary may designate an officer
or employee who shall be responsible for the administration
of mental health services authorized under this Act.
``(2) It shall be the duty of the Assistant Secretary,
acting through the individual designated under paragraph (1),
to develop objectives, priorities, and a long-term plan for
supporting State and local efforts involving education about
and prevention, detection, and treatment of mental disorders,
including age-related dementia, depression, and Alzheimer's
disease and related neurological disorders with neurological
and organic brain dysfunction.''.
SEC. 202. FUNCTIONS OF THE ASSISTANT SECRETARY.
Section 202 of the Older Americans Act of 1965 (42 U.S.C.
3012) is amended--
(1) in subsection (a)--
(A) in paragraph (5), by inserting ``assistive
technology,'' after ``housing,'';
(B) by striking paragraph (12) and inserting the following:
``(12)(A) consult and coordinate activities with the
Administrator of the Centers for Medicare & Medicaid Services
and the heads of other Federal entities to implement and
build awareness of programs providing benefits affecting
older individuals; and
``(B) carry on a continuing evaluation of the programs and
activities related to the objectives of this Act, with
particular attention to the impact of the programs and
activities carried out under--
``(i) titles XVIII and XIX of the Social Security Act (42
U.S.C. 1395 et seq., 1396 et seq.);
``(ii) the Age Discrimination in Employment Act of 1967 (29
U.S.C. 621 et seq.); and
``(iii) the National Housing Act (12 U.S.C. 1701 et seq.)
relating to housing for older individuals and the setting of
standards for the licensing of nursing homes, intermediate
care homes, and other facilities providing care for such
individuals;'';
(C) by striking paragraph (20) and inserting the following:
``(20)(A) encourage, and provide technical assistance to,
States, area agencies on aging, and service providers to
carry out outreach and benefits enrollment assistance to
inform and enroll older individuals with greatest economic
need, who may be eligible to participate, but who are not
participating, in Federal and State programs providing
benefits for which the individuals are eligible, including--
``(i) supplemental security income benefits under title XVI
of the Social Security Act (42 U.S.C. 1381 et seq.), or
assistance under a State plan program under such title;
``(ii) medical assistance under title XIX of such Act (42
U.S.C. 1396 et seq.);
``(iii) benefits under the Food Stamp Act of 1977 (7 U.S.C.
2011 et seq.); or
``(iv) benefits under any other applicable program; and
``(B) at the election of the Assistant Secretary and in
cooperation with related Federal agency partners
administering the Federal programs, make a grant to or enter
into a contract with a qualified, experienced entity to
establish a National Center on Senior Benefits Outreach and
Enrollment, which shall--
``(i) maintain and update web-based decision support and
enrollment tools, and integrated, person-centered systems,
designed to inform older individuals about the full range of
benefits for which the individuals may be eligible under
Federal and State programs;
``(ii) utilize cost-effective strategies to find older
individuals with greatest economic need and enroll the
individuals in the programs;
``(iii) create and support efforts for Aging and Disability
Resource Centers, and other public and private State and
community-based organizations, including faith-based
organizations and coalitions, to serve as benefits enrollment
centers for the programs;
``(iv) develop and maintain an information clearinghouse on
best practices and cost-effective methods for finding and
enrolling older individuals with greatest economic need in
the programs for which the individuals are eligible; and
``(v) provide, in collaboration with related Federal agency
partners administering the Federal programs, training and
technical assistance on effective outreach, screening,
enrollment, and follow-up strategies;'';
(D) in paragraph (26)--
(i) in subsection (D)--
(I) by striking ``gaps in''; and
[[Page H7749]]
(II) by inserting ``(including services that would permit
such individuals to receive long-term care in home and
community-based settings)'' after ``individuals''; and
(ii) in subsection (E), by striking ``and'' at the end;
(E) in paragraph (27)--
(i) in subparagraph (B), by adding ``and'' at the end; and
(ii) by striking subparagraph (D); and
(F) by adding at the end the following:
``(28) make available to States, area agencies on aging,
and service providers information and technical assistance to
support the provision of evidence-based disease prevention
and health promotion services.'';
(2) by striking subsections (b) and (c), and inserting the
following:
``(b) To promote the development and implementation of
comprehensive, coordinated systems at Federal, State, and
local levels that enable older individuals to receive long-
term care in home and community-based settings, in a manner
responsive to the needs and preferences of older individuals
and their family caregivers, the Assistant Secretary shall,
consistent with the applicable provisions of this title--
``(1) collaborate, coordinate, and consult with other
Federal entities responsible for formulating and implementing
programs, benefits, and services related to providing long-
term care, and may make grants, contracts, and cooperative
agreements with funds received from other Federal entities;
``(2) conduct research and demonstration projects to
identify innovative, cost-effective strategies for modifying
State systems of long-term care to--
``(A) respond to the needs and preferences of older
individuals and family caregivers; and
``(B) target services to individuals at risk for
institutional placement, to permit such individuals to remain
in home and community-based settings;
``(3) establish criteria for and promote the implementation
(through area agencies on aging, service providers, and such
other entities as the Assistant Secretary determines to be
appropriate) of evidence-based programs to assist older
individuals and their family caregivers in learning about and
making behavioral changes intended to reduce the risk of
injury, disease, and disability among older individuals;
``(4) facilitate, in coordination with the Administrator of
the Centers for Medicare & Medicaid Services, and other heads
of Federal entities as appropriate, the provision of long-
term care in home and community-based settings, including the
provision of such care through self-directed care models
that--
``(A) provide for the assessment of the needs and
preferences of an individual at risk for institutional
placement to help such individual avoid unnecessary
institutional placement and depletion of income and assets to
qualify for benefits under the Medicaid program under title
XIX of the Social Security Act (42 U.S.C. 1396 et seq.);
``(B) respond to the needs and preferences of such
individual and provide the option--
``(i) for the individual to direct and control the receipt
of supportive services provided; or
``(ii) as appropriate, for a person who was appointed by
the individual, or is legally acting on the individual's
behalf, in order to represent or advise the individual in
financial or service coordination matters (referred to in
this paragraph as a `representative' of the individual), to
direct and control the receipt of those services; and
``(C) assist an older individual (or, as appropriate, a
representative of the individual) to develop a plan for long-
term support, including selecting, budgeting for, and
purchasing home and community-based long-term care and
supportive services;
``(5) provide for the Administration to play a lead role
with respect to issues concerning home and community-based
long-term care, including--
``(A) directing (as the Secretary or the President
determines to be appropriate) or otherwise participating in
departmental and interdepartmental activities concerning
long-term care;
``(B) reviewing and commenting on departmental rules,
regulations, and policies related to providing long-term
care; and
``(C) making recommendations to the Secretary with respect
to home and community-based long-term care, including
recommendations based on findings made through projects
conducted under paragraph (2);
``(6) promote, in coordination with other appropriate
Federal agencies--
``(A) enhanced awareness by the public of the importance of
planning in advance for long-term care; and
``(B) the availability of information and resources to
assist in such planning;
``(7) ensure access to, and the dissemination of,
information about all long-term care options and service
providers, including the availability of integrated long-term
care;
``(8) implement in all States Aging and Disability Resource
Centers--
``(A) to serve as visible and trusted sources of
information on the full range of long-term care options,
including both institutional and home and community-based
care, which are available in the community;
``(B) to provide personalized and consumer-friendly
assistance to empower individuals to make informed decisions
about their care options;
``(C) to provide coordinated and streamlined access to all
publicly supported long-term care options so that consumers
can obtain the care they need through a single intake,
assessment, and eligibility determination process;
``(D) to help individuals to plan ahead for their future
long-term care needs; and
``(E) to assist (in coordination with the entities carrying
out the health insurance information, counseling, and
assistance program (receiving funding under section 4360 of
the Omnibus Budget Reconciliation Act of 1990 (42 U.S.C.
1395b-4)) in the States) beneficiaries, and prospective
beneficiaries, under the Medicare program established under
title XVIII of the Social Security Act (42 U.S.C. 1395 et
seq.) in understanding and accessing prescription drug and
preventative health benefits under the provisions of, and
amendments made by, the Medicare Prescription Drug,
Improvement, and Modernization Act of 2003;
``(9) establish, either directly or through grants or
contracts, national technical assistance programs to assist
State agencies, area agencies on aging, and community-based
service providers funded under this Act in implementing--
``(A) home and community-based long-term care systems,
including evidence-based programs; and
``(B) evidence-based disease prevention and health
promotion services programs;
``(10) develop, in collaboration with the Administrator of
the Centers for Medicare & Medicaid Services, performance
standards and measures for use by States to determine the
extent to which their State systems of long-term care fulfill
the objectives described in this subsection; and
``(11) conduct such other activities as the Assistant
Secretary determines to be appropriate.
``(c) The Assistant Secretary, in consultation with the
Chief Executive Officer of the Corporation for National and
Community Service, shall--
``(1) encourage and permit volunteer groups (including
organizations carrying out national service programs and
including organizations of youth in secondary or
postsecondary school) that are active in supportive services
and civic engagement to participate and be involved
individually or through representative groups in supportive
service and civic engagement programs or activities to the
maximum extent feasible;
``(2) develop a comprehensive strategy for utilizing older
individuals to address critical local needs of national
concern, including the engagement of older individuals in the
activities of public and nonprofit organizations such as
community-based organizations, including faith-based
organizations; and
``(3) encourage other community capacity-building
initiatives involving older individuals, with particular
attention to initiatives that demonstrate effectiveness and
cost savings in meeting critical needs.''; and
(3) in subsection (e)(1)(A), by striking the semicolon at
the end and inserting a period.
SEC. 203. FEDERAL AGENCY CONSULTATION.
Section 203 of the Older Americans Act of 1965 (42 U.S.C.
3013) is amended--
(1) in subsection (a)(3)(A)--
(A) by striking ``(with particular attention to low-income
minority older individuals and older individuals residing in
rural areas)'' and inserting ``(with particular attention to
low-income older individuals, including low-income minority
older individuals, older individuals with limited English
proficiency, and older individuals residing in rural
areas)''; and
(B) by striking ``section 507'' and inserting ``section
518'';
(2) in subsection (b)--
(A) in paragraph (17), by striking ``and'' at the end;
(B) in paragraph (18), by striking the period and inserting
``, and''; and
(C) by adding at the end the following:
``(19) sections 4 and 5 of the Assistive Technology Act of
1998 (29 U.S.C. 3003, 3004).''; and
(3) by adding at the end the following:
``(c)(1) The Secretary, in collaboration with the Federal
officials specified in paragraph (2), shall establish an
Interagency Coordinating Committee on Aging (referred to in
this subsection as the `Committee') focusing on the
coordination of agencies with respect to aging issues.
``(2) The officials referred to in paragraph (1) shall
include the Secretary of Labor and the Secretary of Housing
and Urban Development, and may include, at the direction of
the President, the Attorney General, the Secretary of
Transportation, the Secretary of the Treasury, the Secretary
of Agriculture, the Secretary of Homeland Security, the
Commissioner of Social Security, and such other Federal
officials as the President may direct. An official described
in this paragraph may appoint a designee to carry out the
official's duties under paragraph (1).
``(3) The Secretary of Health and Human Services shall
serve as the first chairperson of the Committee, for 1 term,
and the Secretary of Housing and Urban Development shall
serve as the chairperson for the following term. After that
following term, the Committee shall select a chairperson from
among the members of the Committee, and any member may serve
as the chairperson. No member may serve as the chairperson
for more than 1 consecutive term.
``(4) For purposes of this subsection, a term shall be a
period of 2 calendar years.
``(5) The Committee shall meet not less often than once
each year.
[[Page H7750]]
``(6) The Committee shall--
``(A) share information with and establish an ongoing
system to improve coordination among Federal agencies with
responsibility for programs and services for older
individuals and recommend improvements to such system with an
emphasis on--
``(i) improving access to programs and services for older
individuals;
``(ii) maximizing the impact of federally funded programs
and services for older individuals by increasing the
efficiency, effectiveness, and delivery of such programs and
services;
``(iii) planning and preparing for the impact of
demographic changes on programs and services for older
individuals; and
``(iv) reducing or eliminating areas of overlap and
duplication by Federal agencies in the provision and
accessibility of such programs and services;
``(B) identify, promote, and implement (as appropriate),
best practices and evidence-based program and service models
to assist older individuals in meeting their housing, health
care, and other supportive service needs, including--
``(i) consumer-directed care models for home and community-
based care and supportive services that link housing, health
care, and other supportive services and that facilitate aging
in place, enabling older individuals to remain in their homes
and communities as the individuals age; and
``(ii) innovations in technology applications (including
assistive technology devices and assistive technology
services) that give older individuals access to information
on available services or that help in providing services to
older individuals;
``(C) collect and disseminate information about older
individuals and the programs and services available to the
individuals to ensure that the individuals can access
comprehensive information;
``(D) work with the Federal Interagency Forum on Aging-
Related Statistics, the Bureau of the Census, and member
agencies to ensure the continued collection of data relating
to the housing, health care, and other supportive service
needs of older individuals and to support efforts to identify
and address unmet data needs;
``(E) actively seek input from and consult with
nongovernmental experts and organizations, including public
health interest and research groups and foundations about the
activities described in subparagraphs (A) through (F);
``(F) identify any barriers and impediments, including
barriers and impediments in statutory and regulatory law, to
the access and use by older individuals of federally funded
programs and services; and
``(G) work with States to better provide housing, health
care, and other supportive services to older individuals by--
``(i) holding meetings with State agencies;
``(ii) providing ongoing technical assistance to States
about better meeting the needs of older individuals; and
``(iii) working with States to designate liaisons, from the
State agencies, to the Committee.
``(7) Not later than 90 days following the end of each
term, the Committee shall prepare and submit to the Committee
on Financial Services of the House of Representatives, the
Committee on Education and the Workforce of the House of
Representatives, the Committee on Energy and Commerce of the
House of Representatives, the Committee on Ways and Means of
the House of Representatives, the Committee on Banking,
Housing, and Urban Affairs of the Senate, the Committee on
Health, Education, Labor, and Pensions of the Senate, and the
Special Committee on Aging of the Senate, a report that--
``(A) describes the activities and accomplishments of the
Committee in--
``(i) enhancing the overall coordination of federally
funded programs and services for older individuals; and
``(ii) meeting the requirements of paragraph (6);
``(B) incorporates an analysis from the head of each agency
that is a member of the interagency coordinating committee
established under paragraph (1) that describes the barriers
and impediments, including barriers and impediments in
statutory and regulatory law (as the chairperson of the
Committee determines to be appropriate), to the access and
use by older individuals of programs and services
administered by such agency; and
``(C) makes such recommendations as the chairman determines
to be appropriate for actions to meet the needs described in
paragraph (6) and for coordinating programs and services
designed to meet those needs.
``(8) On the request of the Committee, any Federal
Government employee may be detailed to the Committee without
reimbursement, and such detail shall be without interruption
or loss of civil service status or privilege.''.
SEC. 204. ADMINISTRATION.
Section 205 of the Older Americans Act of 1965 (42 U.S.C.
3016) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (C), by adding ``and'' at the end;
(ii) in subparagraph (D), by striking ``; and'' and
inserting a period; and
(iii) by striking subparagraph (E); and
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) by amending clause (i) to read as follows:
``(i) designing, implementing, and evaluating evidence-
based programs to support improved nutrition and regular
physical activity for older individuals;'';
(II) by amending clause (iii) to read as follows:
``(iii) conducting outreach and disseminating evidence-
based information to nutrition service providers about the
benefits of healthful diets and regular physical activity,
including information about the most current Dietary
Guidelines for Americans published under section 301 of the
National Nutrition Monitoring and Related Research Act of
1990 (7 U.S.C. 5341), the Food Guidance System of the
Department of Agriculture, and advances in nutrition
science;'';
(III) in clause (vii), by striking ``and'' at the end; and
(IV) by striking clause (viii) and inserting the following:
``(viii) disseminating guidance that describes strategies
for improving the nutritional quality of meals provided under
title III, including strategies for increasing the
consumption of whole grains, lowfat dairy products, fruits,
and vegetables;
``(ix) developing and disseminating guidelines for
conducting nutrient analyses of meals provided under subparts
1 and 2 of part C of title III, including guidelines for
averaging key nutrients over an appropriate period of time;
and
``(x) providing technical assistance to the regional
offices of the Administration with respect to each duty
described in clauses (i) through (ix).''; and
(ii) by amending subparagraph (C)(i) to read as follows:
``(i) have expertise in nutrition, energy balance, and meal
planning; and''.
SEC. 205. EVALUATION.
The first sentence of section 206(g) of the Older Americans
Act of 1965 (42 U.S.C. 3017(g)) is amended to read as
follows: ``From the total amount appropriated for each fiscal
year to carry out title III, the Secretary may use such sums
as may be necessary, but not to exceed \1/2\ of 1 percent of
such amount, for purposes of conducting evaluations under
this section, either directly or through grants or
contracts.''.
SEC. 206. REPORTS.
Section 207(b)(2) of the Older Americans Act of 1965 (42
U.S.C. 3018(b)(2)) is amended--
(1) in subparagraph (B), by striking ``Labor'' and
inserting ``the Workforce''; and
(2) in subparagraph (C), by striking ``Labor and Human
Resources'' and inserting ``Health, Education, Labor, and
Pensions''.
SEC. 207. CONTRACTING AND GRANT AUTHORITY; PRIVATE PAY
RELATIONSHIPS; APPROPRIATE USE OF FUNDS.
Section 212 of the Older Americans Act of 1965 (42 U.S.C.
3020c) is amended to read as follows:
``SEC. 212. CONTRACTING AND GRANT AUTHORITY; PRIVATE PAY
RELATIONSHIPS; APPROPRIATE USE OF FUNDS.
``(a) In General.--Subject to subsection (b), this Act
shall not be construed to prevent a recipient of a grant or a
contract under this Act (other than title V) from entering
into an agreement with a profitmaking organization for the
recipient to provide services to individuals or entities not
otherwise receiving services under this Act, provided that--
``(1) if funds provided under this Act to such recipient
are initially used by the recipient to pay part or all of a
cost incurred by the recipient in developing and carrying out
such agreement, such agreement guarantees that the cost is
reimbursed to the recipient;
``(2) if such agreement provides for the provision of 1 or
more services, of the type provided under this Act by or on
behalf of such recipient, to an individual or entity seeking
to receive such services--
``(A) the individuals and entities may only purchase such
services at their fair market rate;
``(B) all costs incurred by the recipient in providing such
services (and not otherwise reimbursed under paragraph (1)),
are reimbursed to such recipient; and
``(C) the recipient reports the rates for providing such
services under such agreement in accordance with subsection
(c) and the rates are consistent with the prevailing market
rate for provision of such services in the relevant
geographic area as determined by the State agency or area
agency on aging (as applicable); and
``(3) any amount of payment to the recipient under the
agreement that exceeds reimbursement under this subsection of
the recipient's costs is used to provide, or support the
provision of, services under this Act.
``(b) Ensuring Appropriate Use of Funds.--An agreement
described in subsection (a) may not--
``(1) be made without the prior approval of the State
agency (or, in the case of a grantee under title VI, without
the prior recommendation of the Director of the Office for
American Indian, Alaska Native, and Native Hawaiian Aging and
the prior approval of the Assistant Secretary), after timely
submission of all relevant documents related to the agreement
including information on all costs incurred;
``(2) directly or indirectly provide for, or have the
effect of, paying, reimbursing, subsidizing, or otherwise
compensating an individual or entity in an amount that
exceeds the fair market value of the services subject to such
agreement;
[[Page H7751]]
``(3) result in the displacement of services otherwise
available to an older individual with greatest social need,
an older individual with greatest economic need, or an older
individual who is at risk for institutional placement; or
``(4) in any other way compromise, undermine, or be
inconsistent with the objective of serving the needs of older
individuals, as determined by the Assistant Secretary.
``(c) Monitoring and Reporting.--To ensure that any
agreement described in subsection (a) complies with the
requirements of this section and other applicable provisions
of this Act, the Assistant Secretary shall develop and
implement uniform monitoring procedures and reporting
requirements consistent with the provisions of subparagraphs
(A) through (E) of section 306(a)(13) in consultation with
the State agencies and area agencies on aging. The Assistant
Secretary shall annually prepare and submit to the
chairpersons and ranking members of the appropriate
committees of Congress a report analyzing all such
agreements, and the costs incurred and services provided
under the agreements. This report shall contain information
on the number of the agreements per State, summaries of all
the agreements, and information on the type of organizations
participating in the agreements, types of services provided
under the agreements, and the net proceeds from, and
documentation of funds spent and reimbursed, under the
agreements.
``(d) Timely Reimbursement.--All reimbursements made under
this section shall be made in a timely manner, according to
standards specified by the Assistant Secretary.
``(e) Cost.--In this section, the term `cost' means an
expense, including an administrative expense, incurred by a
recipient in developing or carrying out an agreement
described in subsection (a), whether the recipient
contributed funds, staff time, or other plant, equipment, or
services to meet the expense.''.
SEC. 208. NUTRITION EDUCATION.
Section 214 of the Older Americans Act of 1965 (42 U.S.C.
3020e) is amended to read as follows:
``SEC. 214. NUTRITION EDUCATION.
``The Assistant Secretary, in consultation with the
Secretary of Agriculture, shall conduct outreach and provide
technical assistance to agencies and organizations that serve
older individuals to assist such agencies and organizations
to carry out integrated health promotion and disease
prevention programs that--
``(1) are designed for older individuals; and
``(2) include--
``(A) nutrition education;
``(B) physical activity; and
``(C) other activities to modify behavior and to improve
health literacy, including providing information on optimal
nutrient intake, through nutrition education and nutrition
assessment and counseling, in accordance with section
339(2)(J).''.
SEC. 209. PENSION COUNSELING AND INFORMATION PROGRAMS.
Section 215 of the Older Americans Act of 1965 (42 U.S.C.
3020e-1) is amended--
(1) in subsection (e)(1)(J), by striking ``and low income
retirees'' and inserting ``, low-income retirees, and older
individuals with limited English proficiency'';
(2) in subsection (f), by striking paragraph (2) and
inserting the following:
``(2) The ability of the entity to perform effective
outreach to affected populations, particularly populations
with limited English proficiency and other populations that
are identified as in need of special outreach.''; and
(3) in subsection (h)(2), by inserting ``(including
individuals with limited English proficiency)'' after
``individuals''.
SEC. 210. AUTHORIZATION OF APPROPRIATIONS.
Section 216 of the Older Americans Act of 1965 (42 U.S.C.
3020f) is amended--
(1) in subsection (a), by striking ``2001, 2002, 2003,
2004, and 2005'' and inserting ``2007, 2008, 2009, 2010, and
2011.''; and
(2) in subsections (b) and (c), by striking ``year'' and
all that follows through ``years'', and inserting ``years
2007, 2008, 2009, 2010, and 2011''.
TITLE III--GRANTS FOR STATE AND COMMUNITY PROGRAMS ON AGING
SEC. 301. PURPOSE; ADMINISTRATION.
Section 301(a)(2) of the Older Americans Act of 1965 (42
U.S.C. 3021(a)(2)) is amended--
(1) in subparagraph (D), by striking ``and'' at the end;
(2) in subparagraph (E), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(F) organizations that have experience in providing
training, placement, and stipends for volunteers or
participants who are older individuals (such as organizations
carrying out Federal service programs administered by the
Corporation for National and Community Service), in community
service settings.''.
SEC. 302. DEFINITIONS.
Section 302 of the Older Americans Act of 1965 (42 U.S.C.
3022) is amended--
(1) by adding at the end the following:
``(4) The term `family caregiver' means an adult family
member, or another individual, who is an informal provider of
in-home and community care to an older individual or to an
individual with Alzheimer's disease or a related disorder
with neurological and organic brain dysfunction.'';
(2) by redesignating paragraphs (2), (3), and (4) as
paragraphs (4), (2), and (3), respectively; and
(3) by moving paragraph (4), as so redesignated, to the end
of the section.
SEC. 303. AUTHORIZATION OF APPROPRIATIONS; USES OF FUNDS.
Section 303 of the Older Americans Act of 1965 (42 U.S.C.
3023) is amended--
(1) in subsections (a)(1), (b), and (d), by striking ``year
2001'' and all that follows through ``years'' each place it
appears, and inserting ``years 2007, 2008, 2009, 2010, and
2011''; and
(2) in subsection (e)--
(A) in paragraph (1) by striking ``$125,000,000'' and all
that follows and inserting ``$160,000,000 for fiscal year
2007.'';
(B) in paragraph (2), by striking ``such sums'' and all
that follows and inserting ``$166,500,000 for fiscal year
2008, $173,000,000 for fiscal year 2009, $180,000,000 for
fiscal year 2010, and $187,000,000 for fiscal year 2011.'';
and
(C) in paragraph (3)--
(i) by striking ``(2)--'' and all that follows through ``1
percent'' and inserting ``(2), not more than 1 percent'';
(ii) by striking ``shall'' and inserting ``may''; and
(iii) by striking ``section 376'' and inserting ``section
411(a)(11)''.
SEC. 304. ALLOTMENTS.
Section 304(a)(3)(D) of the Older Americans Act of 1965 (42
U.S.C. 3024(a)(3)(D)) is amended to read as follows:
``(D)(i) No State shall be allotted less than the total
amount allotted to the State for fiscal year 2006.
``(ii) No State shall receive a percentage increase in an
allotment, above the State's fiscal year 2006 allotment, that
is less than--
``(I) for fiscal year 2007, 20 percent of the percentage
increase above the fiscal year 2006 allotments for all of the
States;
``(II) for fiscal year 2008, 15 percent of the percentage
increase above the fiscal year 2006 allotments for all of the
States;
``(III) for fiscal year 2009, 10 percent of the percentage
increase above the fiscal year 2006 allotments for all of the
States; and
``(IV) For fiscal year 2010, 5 percent of the percentage
increase above the fiscal year 2006 allotments for all of the
States.''.
SEC. 305. ORGANIZATION.
Section 305(a) of the Older Americans Act of 1965 (42
U.S.C. 3025(a)) is amended--
(1) in paragraph (1)(E)--
(A) by striking ``(with particular attention to low-income
minority individuals and older individuals residing in rural
areas)'' each place it appears and inserting ``(with
particular attention to low-income older individuals,
including low-income minority older individuals, older
individuals with limited English proficiency, and older
individuals residing in rural areas)''; and
(B) by striking ``and'' at the end;
(2) in paragraph (2)--
(A) in subparagraph (E), by striking ``, with particular
attention to low-income minority individuals and older
individuals residing in rural areas'' and inserting ``(with
particular attention to low-income older individuals,
including low-income minority older individuals, older
individuals with limited English proficiency, and older
individuals residing in rural areas)''; and
(B) in subparagraph (G), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following:
``(3) the State agency shall, consistent with this section,
promote the development and implementation of a State system
of long-term care that is a comprehensive, coordinated system
that enables older individuals to receive long-term care in
home and community-based settings, in a manner responsive to
the needs and preferences of the older individuals and their
family caregivers, by--
``(A) collaborating, coordinating, and consulting with
other agencies in such State responsible for formulating,
implementing, and administering programs, benefits, and
services related to providing long-term care;
``(B) participating in any State government activities
concerning long-term care, including reviewing and commenting
on any State rules, regulations, and policies related to
long-term care;
``(C) conducting analyses and making recommendations with
respect to strategies for modifying the State system of long-
term care to better--
``(i) respond to the needs and preferences of older
individuals and family caregivers;
``(ii) facilitate the provision, by service providers, of
long-term care in home and community-based settings; and
``(iii) target services to individuals at risk for
institutional placement, to permit such individuals to remain
in home and community-based settings;
``(D) implementing (through area agencies on aging, service
providers, and such other entities as the State determines to
be appropriate) evidence-based programs to assist older
individuals and their family caregivers in learning about and
making behavioral changes intended to reduce the risk of
injury, disease, and disability among older individuals; and
``(E) providing for the availability and distribution
(through public education campaigns, Aging and Disability
Resource Centers, area agencies on aging, and other
appropriate means) of information relating to--
``(i) the need to plan in advance for long-term care; and
``(ii) the full range of available public and private long-
term care (including integrated
[[Page H7752]]
long-term care) programs, options, service providers, and
resources.''.
SEC. 306. AREA PLANS.
Section 306 of the Older Americans Act of 1965 (42 U.S.C.
3026) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``(with particular attention to low-income
minority individuals and older individuals residing in rural
areas)'' and inserting ``(with particular attention to low-
income older individuals, including low-income minority older
individuals, older individuals with limited English
proficiency, and older individuals residing in rural
areas)'';
(ii) by striking ``(with particular attention to low-income
minority individuals)'' and inserting ``(with particular
attention to low-income older individuals, including low-
income minority older individuals, older individuals with
limited English proficiency, and older individuals residing
in rural areas)''; and
(iii) by inserting ``the number of older individuals at
risk for institutional placement residing in such area,''
after ``individuals) residing in such area,'';
(B) in paragraph (2)(A)--
(i) by inserting after ``transportation,'' the following:
``health services (including mental health services),''; and
(ii) by inserting after ``information and assistance'' the
following: ``(which may include information and assistance to
consumers on availability of services under part B and how to
receive benefits under and participate in publicly supported
programs for which the consumer may be eligible)'';
(C) in paragraph (4)--
(i) in subparagraph (A)--
(I) by amending clause (i) to read as follows:
``(i)(I) provide assurances that the area agency on aging
will--
``(aa) set specific objectives, consistent with State
policy, for providing services to older individuals with
greatest economic need, older individuals with greatest
social need, and older individuals at risk for
institutional placement;
``(bb) include specific objectives for providing services
to low-income minority older individuals, older individuals
with limited English proficiency, and older individuals
residing in rural areas; and
``(II) include proposed methods to achieve the objectives
described in items (aa) and (bb) of subclause (I);''; and
(II) in clause (ii), by inserting ``, older individuals
with limited English proficiency,'' after ``low-income
minority individuals'' each place it appears; and
(ii) in subparagraph (B)--
(I) by moving the left margin of each of subparagraph (B),
clauses (i) and (ii), and subclauses (I) through (VI) of
clause (i), 2 ems to the left; and
(II) in clause (i)--
(aa) in subclause (V), by striking ``with limited English-
speaking ability; and'' and inserting ``with limited English
proficiency;'';
(bb) in subclause (VI), by striking ``or related'' and
inserting ``and related''; and
(cc) by adding at the end the following:
``(VII) older individuals at risk for institutional
placement; and'';
(D) in paragraph (5), by inserting ``and individuals at
risk for institutional placement'' after ``severe
disabilities'';
(E) in paragraph (6)--
(i) in subparagraph (C)--
(I) in clause (i), by striking ``and'' at the end;
(II) in clause (ii), by adding ``and'' at the end; and
(III) by inserting after clause (ii) the following:
``(iii) make use of trained volunteers in providing direct
services delivered to older individuals and individuals with
disabilities needing such services and, if possible, work in
coordination with organizations that have experience in
providing training, placement, and stipends for volunteers or
participants (such as organizations carrying out Federal
service programs administered by the Corporation for National
and Community Service), in community service settings;'';
(ii) in subparagraph (D)--
(I) by inserting ``family caregivers of such individuals,''
after ``Act,''; and
(II) by inserting ``service providers, representatives of
the business community,'' after ``individuals,''; and
(iii) by amending subparagraph (F) to read as follows:
``(F) in coordination with the State agency and with the
State agency responsible for mental health services, increase
public awareness of mental health disorders, remove barriers
to diagnosis and treatment, and coordinate mental health
services (including mental health screenings) provided with
funds expended by the area agency on aging with mental health
services provided by community health centers and by other
public agencies and nonprofit private organizations;'';
(F) in paragraph (7), to read as follows:
``(7) provide that the area agency on aging shall,
consistent with this section, facilitate the area-wide
development and implementation of a comprehensive,
coordinated system for providing long-term care in home and
community-based settings, in a manner responsive to the needs
and preferences of older individuals and their family
caregivers, by--
``(A) collaborating, coordinating activities, and
consulting with other local public and private agencies and
organizations responsible for administering programs,
benefits, and services related to providing long-term care;
``(B) conducting analyses and making recommendations with
respect to strategies for modifying the local system of long-
term care to better--
``(i) respond to the needs and preferences of older
individuals and family caregivers;
``(ii) facilitate the provision, by service providers, of
long-term care in home and community-based settings; and
``(iii) target services to older individuals at risk for
institutional placement, to permit such individuals to remain
in home and community-based settings;
``(C) implementing, through the agency or service
providers, evidence-based programs to assist older
individuals and their family caregivers in learning about and
making behavioral changes intended to reduce the risk of
injury, disease, and disability among older individuals; and
``(D) providing for the availability and distribution
(through public education campaigns, Aging and Disability
Resource Centers, the area agency on aging itself, and other
appropriate means) of information relating to--
``(i) the need to plan in advance for long-term care; and
``(ii) the full range of available public and private long-
term care (including integrated long-term care) programs,
options, service providers, and resources;'';
(G) by striking paragraph (14) and the 2 paragraphs (15);
(H) by redesignating paragraph (16) as paragraph (14); and
(I) by adding at the end the following:
``(15) provide assurances that funds received under this
title will be used--
``(A) to provide benefits and services to older
individuals, giving priority to older individuals identified
in paragraph (4)(A)(i); and
``(B) in compliance with the assurances specified in
paragraph (13) and the limitations specified in section 212;
``(16) provide, to the extent feasible, for the furnishing
of services under this Act, consistent with self-directed
care; and
``(17) include information detailing how the area agency on
aging will coordinate activities, and develop long-range
emergency preparedness plans, with local and State emergency
response agencies, relief organizations, local and State
governments, and any other institutions that have
responsibility for disaster relief service delivery.'';
(2) by redesignating subsections (b), (c), (d), and (e) as
subsections (c), (d), (e), and (f); and
(3) by inserting after subsection (a) the following:
``(b)(1) An area agency on aging may include in the area
plan an assessment of how prepared the area agency on aging
and service providers in the planning and service area are
for any anticipated change in the number of older individuals
during the 10-year period following the fiscal year for which
the plan is submitted.
``(2) Such assessment may include--
``(A) the projected change in the number of older
individuals in the planning and service area;
``(B) an analysis of how such change may affect such
individuals, including individuals with low incomes,
individuals with greatest economic need, minority older
individuals, older individuals residing in rural areas, and
older individuals with limited English proficiency;
``(C) an analysis of how the programs, policies, and
services provided by such area agency can be improved, and
how resource levels can be adjusted to meet the needs of the
changing population of older individuals in the planning and
service area; and
``(D) an analysis of how the change in the number of
individuals age 85 and older in the planning and service area
is expected to affect the need for supportive services.
``(3) An area agency on aging, in cooperation with
government officials, State agencies, tribal organizations,
or local entities, may make recommendations to government
officials in the planning and service area and the State, on
actions determined by the area agency to build the capacity
in the planning and service area to meet the needs of older
individuals for--
``(A) health and human services;
``(B) land use;
``(C) housing;
``(D) transportation;
``(E) public safety;
``(F) workforce and economic development;
``(G) recreation;
``(H) education;
``(I) civic engagement;
``(J) emergency preparedness; and
``(K) any other service as determined by such agency.''.
SEC. 307. STATE PLANS.
Section 307(a) of the Older Americans Act of 1965 (42
U.S.C. 3027(a)) is amended--
(1) in paragraph (2)(C), by striking ``section 306(b)'' and
inserting ``section 306(c)'';
(2) in paragraph (4), by striking ``, with particular
attention to low-income minority individuals and older
individuals residing in rural areas'' and inserting ``(with
particular attention to low-income minority older
individuals, older individuals with limited English
proficiency, and older individuals residing in rural
areas)'';
(3) by striking paragraph (15);
[[Page H7753]]
(4) by redesignating paragraph (14) as paragraph (15);
(5) by inserting after paragraph (13) the following:
``(14) The plan shall, with respect to the fiscal year
preceding the fiscal year for which such plan is prepared--
``(A) identify the number of low-income minority older
individuals in the State, including the number of low-income
minority older individuals with limited English proficiency;
and
``(B) describe the methods used to satisfy the service
needs of the low-income minority older individuals described
in subparagraph (A), including the plan to meet the needs of
low-income minority older individuals with limited English
proficiency.'';
(6) in paragraph (16)(A)--
(A) in clauses (ii) and (iii), by striking ``(with
particular attention to low-income minority individuals and
older individuals residing in rural areas)'' each place it
appears and inserting ``(with particular attention to low-
income older individuals, including low-income minority older
individuals, older individuals with limited English
proficiency, and older individuals residing in rural
areas)''; and
(B) in clause (vi), by striking ``or related'' and
inserting ``and related''; and
(7) by adding at the end the following:
``(27) The plan shall provide assurances that area agencies
on aging will provide, to the extent feasible, for the
furnishing of services under this Act, consistent with self-
directed care.
``(28)(A) The plan shall include, at the election of the
State, an assessment of how prepared the State is, under the
State's statewide service delivery model, for any anticipated
change in the number of older individuals during the 10-year
period following the fiscal year for which the plan is
submitted.
``(B) Such assessment may include--
``(i) the projected change in the number of older
individuals in the State;
``(ii) an analysis of how such change may affect such
individuals, including individuals with low incomes,
individuals with greatest economic need, minority older
individuals, older individuals residing in rural areas, and
older individuals with limited English proficiency;
``(iii) an analysis of how the programs, policies, and
services provided by the State can be improved, including
coordinating with area agencies on aging, and how resource
levels can be adjusted to meet the needs of the changing
population of older individuals in the State; and
``(iv) an analysis of how the change in the number of
individuals age 85 and older in the State is expected to
affect the need for supportive services.
``(29) The plan shall include information detailing how the
State will coordinate activities, and develop long-range
emergency preparedness plans, with area agencies on aging,
local emergency response agencies, relief organizations,
local governments, State agencies responsible for emergency
preparedness, and any other institutions that have
responsibility for disaster relief service delivery.
``(30) The plan shall include information describing the
involvement of the head of the State agency in the
development, revision, and implementation of emergency
preparedness plans, including the State Public Health
Emergency Preparedness and Response Plan.''.
SEC. 308. PAYMENTS.
Section 309(b)(2) of the Older Americans Act of 1965 (42
U.S.C. 3029(b)(2)) is amended by striking ``the non-Federal
share required prior to fiscal year 1981'' and inserting ``10
percent of the cost of the services specified in such section
304(d)(1)(D)''.
SEC. 309. NUTRITION SERVICES INCENTIVE PROGRAM.
Section 311 of the Older Americans Act of 1965 (42 U.S.C.
3030a) is amended--
(1) in subsection (b), by adding at the end the following:
``(3) State agencies that elect to make grants and enter
into contracts for purposes of this section shall promptly
and equitably disburse amounts received under this subsection
to the recipients of the grants and contracts.'';
(2) in subsection (c)--
(A) in paragraph (1), by inserting ``(including bonus
commodities)'' after ``commodities'';
(B) in paragraph (2), by inserting ``(including bonus
commodities)'' after ``commodities'';
(C) in paragraph (3), by inserting ``(including bonus
commodities)'' after ``products''; and
(D) by adding at the end the following:
``(4) Among the commodities provided under this subsection,
the Secretary of Agriculture shall give special emphasis to
foods of high nutritional value to support the health of
older individuals. The Secretary of Agriculture, in
consultation with the Assistant Secretary, is authorized to
prescribe the terms and conditions respecting the provision
of commodities under this subsection.'';
(3) in subsection (d), to read as follows:
``(d)(1) Amounts provided under subsection (b) shall be
available only for the purchase, by State agencies,
recipients of grants and contracts from the State agencies
(as applicable), and title VI grantees, of United States
agricultural commodities and other foods for their respective
nutrition projects, subject to paragraph (2).
``(2) An entity specified in paragraph (1) may, at the
option of such entity, use part or all of the amounts
received by the entity under subsection (b) to pay a school
food authority (within the meaning of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.) to obtain
United States agricultural commodities for such entity's
nutrition projects, in accordance with an agreement between
the entity and the school food authority, under which such
payments--
``(A) shall cover the cost of such commodities; and
``(B) may cover related expenses incurred by the school
food authority, including the cost of transporting,
distributing, processing, storing, and handling such
commodities.'';
(4) in subsection (e), by striking ``2001'' and inserting
``2007''; and
(5) in subsection (f)--
(A) in the matter preceding paragraph (1), by striking
``the Secretary of Agriculture and the Secretary of Health
and Human Services'' and inserting ``the Assistant Secretary
and the Secretary of Agriculture''; and
(B) by striking paragraphs (1) and (2) and inserting the
following:
``(1) school food authorities participating in programs
authorized under the Richard B. Russell National School Lunch
Act within the geographic area served by each such State
agency, area agency on aging, and provider; and
``(2) the foods available to such State agencies, area
agencies on aging, and providers under subsection (c).''.
SEC. 310. CONSUMER CONTRIBUTIONS.
Section 315 of the Older Americans Act of 1965 (42 U.S.C.
3030c-2) is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``provided that'' and inserting ``if''; and
(ii) by adding at the end the following: ``Such
contributions shall be encouraged for individuals whose self-
declared income is at or above 185 percent of the poverty
line, at contribution levels based on the actual cost of
services.''; and
(B) in paragraph (4)(E), by inserting ``and to supplement
(not supplant) funds received under this Act'' after
``given'';
(2) in subsection (c)(2), by striking ``(with particular
attention to low-income minority individuals and older
individuals residing in rural areas)'' and inserting ``(with
particular attention to low-income older individuals,
including low-income minority older individuals, older
individuals with limited English proficiency, and older
individuals residing in rural areas)''; and
(3) in subsection (d), by striking ``with particular
attention to low-income and minority older individuals and
older individuals residing in rural areas'' and inserting
``(with particular attention to low-income older individuals,
including low-income minority older individuals, older
individuals with limited English proficiency, and older
individuals residing in rural areas)''.
SEC. 311. SUPPORTIVE SERVICES AND SENIOR CENTERS.
Section 321(a) of the Older Americans Act of 1965 (42
U.S.C. 3030d(a)) is amended--
(1) in paragraph (8), by inserting ``(including mental
health screening)'' after ``screening'';
(2) in paragraph (11), by striking ``services'' and
inserting ``provision of services and assistive devices
(including provision of assistive technology services and
assistive technology devices)'';
(3) in paragraph (14)(B) by inserting ``(including mental
health)'' after ``health'';
(4) in paragraph (21)--
(A) by striking ``school-age children'' and inserting
``students''; and
(B) by inserting ``services for older individuals with
limited English proficiency and'' after ``including'';
(5) in paragraph (22) by striking the period at the end and
inserting a semicolon;
(6) by redesignating paragraph (23) as paragraph (25); and
(7) by inserting after paragraph (22) the following:
``(23) services designed to support States, area agencies
on aging, and local service providers in carrying out and
coordinating activities for older individuals with respect to
mental health services, including outreach for, education
concerning, and screening for such services, and referral to
such services for treatment;
``(24) activities to promote and disseminate information
about life-long learning programs, including opportunities
for distance learning; and''.
SEC. 312. NUTRITION SERVICE.
After the part heading of part C of title III of the Older
Americans Act of 1965 (42 U.S.C. 3030e et seq.), insert the
following:
``SEC. 330. PURPOSES.
``The purposes of this part are--
``(1) to reduce hunger and food insecurity;
``(2) to promote socialization of older individuals; and
``(3) to promote the health and well-being of older
individuals by assisting such individuals to gain access to
nutrition and other disease prevention and health promotion
services to delay the onset of adverse health conditions
resulting from poor nutritional health or sedentary
behavior.''.
SEC. 313. CONGREGATE NUTRITION PROGRAM.
Section 331 of the Older Americans Act of 1965 (42 U.S.C.
3030e) is amended--
(1) by striking ``projects--'' and inserting ``projects
that--'';
[[Page H7754]]
(2) in paragraph (1), by striking ``which,'';
(3) in paragraph (2), by striking ``which''; and
(4) by striking paragraph (3), and inserting the following:
``(3) provide nutrition education, nutrition counseling,
and other nutrition services, as appropriate, based on the
needs of meal participants.''.
SEC. 314. HOME DELIVERED NUTRITION SERVICES.
Section 336 of the Older Americans Act of 1965 (42 U.S.C.
3030f) is amended to read as follows:
``SEC. 336. PROGRAM AUTHORIZED.
``The Assistant Secretary shall establish and carry out a
program to make grants to States under State plans approved
under section 307 for the establishment and operation of
nutrition projects for older individuals that provide--
``(1) on 5 or more days a week (except in a rural area
where such frequency is not feasible (as defined by the
Assistant Secretary by rule) and a lesser frequency is
approved by the State agency) at least 1 home delivered meal
per day, which may consist of hot, cold, frozen, dried,
canned, fresh, or supplemental foods and any additional meals
that the recipient of a grant or contract under this subpart
elects to provide; and
``(2) nutrition education, nutrition counseling, and other
nutrition services, as appropriate, based on the needs of
meal recipients.''.
SEC. 315. CRITERIA.
Section 337 of the Older Americans Act of 1965 (42 U.S.C.
3030g) is amended to read as follows:
``SEC. 337. CRITERIA.
``The Assistant Secretary, in consultation with recognized
experts in the fields of nutrition science, dietetics, meal
planning and food service management, and aging, shall
develop minimum criteria of efficiency and quality for the
furnishing of home delivered meal services for projects
described in section 336.''.
SEC. 316. NUTRITION.
Section 339 of the Older Americans Act of 1965 (42 U.S.C.
3030g-21) is amended--
(1) in paragraph (1), to read as follows:
``(1) solicit the expertise of a dietitian or other
individual with equivalent education and training in
nutrition science, or if such an individual is not available,
an individual with comparable expertise in the planning of
nutritional services, and''; and
(2) in paragraph (2)--
(A) in subparagraph (A)--
(i) in clause (i), to read as follows:
``(i) comply with the most recent Dietary Guidelines for
Americans, published by the Secretary and the Secretary of
Agriculture, and''; and
(ii) in clause (ii)(I), by striking ``daily recommended
dietary allowances as'' and inserting ``dietary reference
intakes'';
(B) in subparagraph (D), by inserting ``joint'' after
``encourages'';
(C) in subparagraph (G), to read as follows:
``(G) ensures that meal providers solicit the advice and
expertise of--
``(i) a dietitian or other individual described in
paragraph (1),
``(ii) meal participants, and
``(iii) other individuals knowledgeable with regard to the
needs of older individuals,'';
(D) in subparagraph (H), by striking ``and accompany'';
(E) in subparagraph (I), by striking ``and'' at the end;
and
(F) by striking subparagraph (J) and inserting the
following:
``(J) provides for nutrition screening and nutrition
education, and nutrition assessment and counseling if
appropriate, and
``(K) encourages individuals who distribute nutrition
services under subpart 2 to provide, to homebound older
individuals, available medical information approved by health
care professionals, such as informational brochures and
information on how to get vaccines, including vaccines for
influenza, pneumonia, and shingles, in the individuals'
communities.''.
SEC. 317. STUDY OF NUTRITION PROJECTS.
(a) Study.--
(1) In general.--The Assistant Secretary for Aging shall
use funds allocated in section 206(g) of the Older Americans
Act of 1965 (42 U.S.C. 3017(g)) to enter into a contract with
the Food and Nutrition Board of the Institute of Medicine of
the National Academy of Sciences, for the purpose of
establishing an independent panel of experts that will
conduct an evidence-based study of the nutrition projects
authorized by such Act.
(2) Study.--Such study shall, to the extent data are
available, include--
(A) an evaluation of the effect of the nutrition projects
authorized by such Act on--
(i) improvement of the health status, including nutritional
status, of participants in the projects;
(ii) prevention of hunger and food insecurity of the
participants; and
(iii) continuation of the ability of the participants to
live independently;
(B) a cost-benefit analysis of nutrition projects
authorized by such Act, including the potential to affect
costs of the Medicaid program under title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.); and
(C) an analysis of how and recommendations for how
nutrition projects authorized by such Act may be modified to
improve the outcomes described in subparagraph (A), including
recommendations for improving the nutritional quality of the
meals provided through the projects and undertaking other
potential strategies to improve the nutritional status of the
participants.
(b) Reports.--
(1) Report to the assistant secretary.--The panel described
in subsection (a)(1) shall submit to the Assistant Secretary
a report containing the results of the evidence-based study
described in subsection (a), including any recommendations
described in subsection (a)(2)(C).
(2) Report to congress.--The Assistant Secretary shall
submit a report containing the results described in paragraph
(1) to the Committee on Education and the Workforce of the
House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate.
SEC. 318. SENSE OF CONGRESS RECOGNIZING THE CONTRIBUTION OF
NUTRITION TO THE HEALTH OF OLDER ADULTS.
(a) Findings.--Congress finds that--
(1) good nutrition is vital to good health, and a diet
based on the Dietary Guidelines for Americans may reduce the
risk of chronic diseases such as cardiovascular disease,
osteoporosis, diabetes, macular degeneration, and cancer;
(2) the American Dietetic Association and the American
Academy of Family Physicians have estimated that the
percentage of older adults who are malnourished is estimated
at 20 to 60 percent for those who are in home care and at 40
to 85 percent for those who are in nursing homes;
(3) the Institute of Medicine of the National Academy of
Sciences has estimated that approximately 40 percent of
community-residing persons age 65 and older have inadequate
nutrient intakes;
(4) older adults are susceptible to nutrient deficiencies
for a number of reasons, including a reduced capacity to
absorb and utilize nutrients, difficulty chewing, and loss of
appetite;
(5) while diet is the preferred source of nutrition,
evidence suggests that the use of a single daily
multivitamin-mineral supplement may be an effective way to
address nutritional gaps that exist among the elderly
population, especially the poor; and
(6) the Dietary Guidelines for Americans state that
multivitamin-mineral supplements may be useful when they fill
a specific identified nutrient gap that cannot be or is not
otherwise being met by the individual's intake of food.
(b) Sense of Congress.--It is the sense of Congress that--
(1) meal programs funded by the Older Americans Act of 1965
contribute to the nutritional health of older adults;
(2) when the nutritional needs of older adults are not
fully met by diet, use of a single, daily multivitamin-
mineral supplement may help prevent nutrition deficiencies
common in many older adults;
(3) use of a single, daily multivitamin-mineral supplement
can be a safe and inexpensive strategy to help ensure the
nutritional health of older adults; and
(4) nutrition service providers under the Older Americans
Act of 1965 should consider whether individuals participating
in congregate and home-delivered meal programs would benefit
from a single, daily multivitamin-mineral supplement that is
in compliance with all applicable government quality
standards and provides at least \2/3\ of the essential
vitamins and minerals at 100 percent of the daily value
levels as determined by the Commissioner of Food and Drugs.
SEC. 319. IMPROVING INDOOR AIR QUALITY IN BUILDINGS WHERE
OLDER INDIVIDUALS CONGREGATE.
Section 361 of the Older Americans Act of 1965 (42 U.S.C.
3030m) is amended by adding at the end the following:
``(c) The Assistant Secretary shall work in consultation
with qualified experts to provide information on methods of
improving indoor air quality in buildings where older
individuals congregate.''.
SEC. 320. CAREGIVER SUPPORT PROGRAM DEFINITIONS.
Section 372 of the National Family Caregiver Support Act
(42 U.S.C. 3030s) is amended--
(1) in paragraph (1), by inserting ``or who is an
individual with a disability'' after ``age'';
(2) in paragraph (3)--
(A) by striking ``a child by blood or marriage'' and
inserting ``a child by blood, marriage, or adoption''; and
(B) by striking ``60'' and inserting ``55'';
(3) by inserting before ``In this subpart'' the following:
``(a) In General.--'';
(4) by striking paragraph (2);
(5) by redesignating paragraph (3) as paragraph (2);
(6) by adding at the end the following:
``(b) Rule.--In providing services under this subpart--
``(1) for family caregivers who provide care for
individuals with Alzheimer's disease and related disorders
with neurological and organic brain dysfunction, the State
involved shall give priority to caregivers who provide care
for older individuals with such disease or disorder; and
``(2) for grandparents or older individuals who are
relative caregivers, the State involved shall give priority
to caregivers who provide care for children with severe
disabilities.''.
SEC. 321. CAREGIVER SUPPORT PROGRAM.
Section 373 of the National Family Caregiver Support Act
(42 U.S.C. 3030s-1) is amended--
(1) in subsection (b)(3), by striking ``caregivers to
assist'' and all that follows through the end and inserting
the following: ``assist
[[Page H7755]]
the caregivers in the areas of health, nutrition, and
financial literacy, and in making decisions and solving
problems relating to their caregiving roles;'';
(2) in subsection (c)--
(A) in paragraph (1)(B), by striking ``subparagraph (A)(i)
or (B) of section 102(28)'' and inserting ``subparagraph
(A)(i) or (B) of section 102(22)''; and
(B) by striking paragraph (2) and inserting the following:
``(2) Priority.--In providing services under this subpart,
the State, in addition to giving the priority described in
section 372(b), shall give priority--
``(A) to caregivers who are older individuals with greatest
social need, and older individuals with greatest economic
need (with particular attention to low-income older
individuals); and
``(B) to older individuals providing care to individuals
with severe disabilities, including children with severe
disabilities.'';
(3) in subsection (d), to read as follows:
``(d) Use of Volunteers.--In carrying out this subpart,
each area agency on aging shall make use of trained
volunteers to expand the provision of the available services
described in subsection (b) and, if possible, work in
coordination with organizations that have experience in
providing training, placement, and stipends for volunteers or
participants (such as organizations carrying out Federal
service programs administered by the Corporation for National
and Community Service), in community service settings.'';
(4) in subsection (e)(3), by adding at the end the
following: ``The reports shall describe any mechanisms used
in the State to provide to persons who are family caregivers,
or grandparents or older individuals who are relative
caregivers, information about and access to various services
so that the persons can better carry out their care
responsibilities.'';
(5) in subsection (f)(1), by striking ``2001 through 2005''
and inserting ``2007, 2008, 2009, 2010, and 2011''; and
(6) in subsection (g)(2)(C), by inserting ``of a child who
is not more than 18 years of age'' before the period at the
end.
SEC. 322. NATIONAL INNOVATION.
Subpart 2 of part E of title III of the Older Americans Act
of 1965 (42 U.S.C. 3030s-11 et seq.) is repealed.
TITLE IV--ACTIVITIES FOR HEALTH, INDEPENDENCE, AND LONGEVITY
SEC. 401. TITLE.
The Older Americans Act of 1965 is amended by inserting
before section 401 (42 U.S.C. 3031) the following:
``TITLE IV--ACTIVITIES FOR HEALTH, INDEPENDENCE, AND LONGEVITY''.
SEC. 402. GRANT PROGRAMS.
Section 411 of the Older Americans Act of 1965 (42 U.S.C.
3032) is amended--
(1) in subsection (a)--
(A) in paragraph (8), by striking ``and'' at the end;
(B) by redesignating paragraph (9) as paragraph (13); and
(C) by inserting after paragraph (8) the following:
``(9) planning activities to prepare communities for the
aging of the population, which activities may include--
``(A) efforts to assess the aging population;
``(B) activities to coordinate the activities of State and
local agencies in order to meet the needs of older
individuals; and
``(C) training and technical assistance to support States,
area agencies on aging, and organizations receiving grants
under title VI, in engaging in community planning activities;
``(10) the development, implementation, and assessment of
technology-based service models and best practices, to
support the use of health monitoring and assessment
technologies, communication devices, assistive technologies,
and other technologies that may remotely connect family and
professional caregivers to frail older individuals residing
in home and community-based settings or rural areas;
``(11) conducting activities of national significance to
promote quality and continuous improvement in the support
provided to family and other informal caregivers of older
individuals through activities that include program
evaluation, training, technical assistance, and research,
including--
``(A) programs addressing unique issues faced by rural
caregivers;
``(B) programs focusing on the needs of older individuals
with cognitive impairment such as Alzheimer's disease and
related disorders with neurological and organic brain
dysfunction, and their caregivers; and
``(C) programs supporting caregivers in the role they play
in providing disease prevention and health promotion
services;
``(12) building public awareness of cognitive impairments
such as Alzheimer's disease and related disorders with
neurological and organic brain dysfunction, depression, and
mental disorders; and''; and
(2) in subsection (b), by striking ``year'' and all that
follows through ``years'' and inserting ``years 2007, 2008,
2009, 2010, and 2011''.
SEC. 403. CAREER PREPARATION FOR THE FIELD OF AGING.
Section 412(a) of the Older Americans Act of 1965 (42
U.S.C. 3032a(a)) is amended to read as follows:
``(a) Grants.--The Assistant Secretary shall make grants to
institutions of higher education, including historically
Black colleges or universities, Hispanic-serving
institutions, and Hispanic Centers of Excellence in Applied
Gerontology, to provide education and training that prepares
students for careers in the field of aging.''.
SEC. 404. HEALTH CARE SERVICE DEMONSTRATION PROJECTS IN RURAL
AREAS.
Section 414 of the Older Americans Act of 1965 (42 U.S.C.
3032c) is amended--
(1) in subsection (a), by inserting ``mental health
services,'' after ``care,''; and
(2) in subsection (b)(1)(B)(i), by inserting ``mental
health,'' after ``health,''.
SEC. 405. TECHNICAL ASSISTANCE AND INNOVATION TO IMPROVE
TRANSPORTATION FOR OLDER INDIVIDUALS.
Section 416 of the Older Americans Act of 1965 (42 U.S.C.
3032e) is amended to read as follows:
``SEC. 416. TECHNICAL ASSISTANCE AND INNOVATION TO IMPROVE
TRANSPORTATION FOR OLDER INDIVIDUALS.
``(a) In General.--The Secretary may award grants or
contracts to nonprofit organizations to improve
transportation services for older individuals.
``(b) Use of Funds.--
``(1) In general.--A nonprofit organization receiving a
grant or contract under subsection (a) shall use the funds
received through such grant or contract to carry out a
demonstration project, or to provide technical assistance to
assist local transit providers, area agencies on aging,
senior centers, and local senior support groups, to encourage
and facilitate coordination of Federal, State, and local
transportation services and resources for older individuals.
The organization may use the funds to develop and carry out
an innovative transportation demonstration project to create
transportation services for older individuals.
``(2) Specific activities.--In carrying out a demonstration
project or providing technical assistance under paragraph (1)
the organization may carry out activities that include--
``(A) developing innovative approaches for improving access
by older individuals to transportation services, including
volunteer driver programs, economically sustainable
transportation programs, and programs that allow older
individuals to transfer their automobiles to a provider of
transportation services in exchange for the services;
``(B) preparing information on transportation options and
resources for older individuals and organizations serving
such individuals, and disseminating the information by
establishing and operating a toll-free telephone number;
``(C) developing models and best practices for providing
comprehensive integrated transportation services for older
individuals, including services administered by the Secretary
of Transportation, by providing ongoing technical assistance
to agencies providing services under title III and by
assisting in coordination of public and community
transportation services; and
``(D) providing special services to link older individuals
to transportation services not provided under title III.
``(c) Economically Sustainable Transportation.--In this
section, the term `economically sustainable transportation'
means demand responsive transportation for older
individuals--
``(1) that may be provided through volunteers; and
``(2) that the provider will provide without receiving
Federal or other public financial assistance, after a period
of not more than 5 years of providing the services under this
section.''.
SEC. 406. DEMONSTRATION, SUPPORT, AND RESEARCH PROJECTS FOR
MULTIGENERATIONAL ACTIVITIES AND CIVIC
ENGAGEMENT ACTIVITIES.
Section 417 of the Older Americans Act of 1965 (42 U.S.C.
3032f) is amended to read as follows:
``SEC. 417. DEMONSTRATION, SUPPORT, AND RESEARCH PROJECTS FOR
MULTIGENERATIONAL AND CIVIC ENGAGEMENT
ACTIVITIES.
``(a) Grants and Contracts.--The Assistant Secretary shall
award grants and enter into contracts with eligible
organizations to carry out projects to--
``(1) provide opportunities for older individuals to
participate in multigenerational activities and civic
engagement activities designed to meet critical community
needs, and use the full range of time, skills, and experience
of older individuals, including demonstration and support
projects that--
``(A) provide support for grandparents and other older
individuals who are relative caregivers raising children
(such as kinship navigator programs); or
``(B) involve volunteers who are older individuals who
provide support and information to families who have a child
with a disability or chronic illness, or other families in
need of such family support; and
``(2) coordinate multigenerational activities and civic
engagement activities, promote volunteerism, and facilitate
development of and participation in multigenerational
activities and civic engagement activities.
``(b) Use of Funds.--An eligible organization shall use
funds made available under a grant awarded, or a contract
entered into, under this section to--
``(1) carry out a project described in subsection (a); and
``(2) evaluate the project in accordance with subsection
(f).
``(c) Preference.--In awarding grants and entering into
contracts to carry out a project described in subsection (a),
the Assistant Secretary shall give preference to--
[[Page H7756]]
``(1) eligible organizations with a demonstrated record of
carrying out multigenerational activities or civic engagement
activities;
``(2) eligible organizations proposing multigenerational
activity projects that will serve older individuals and
communities with the greatest need (with particular attention
to low-income minority individuals, older individuals with
limited English proficiency, older individuals residing in
rural areas, and low-income minority communities);
``(3) eligible organizations proposing civic engagement
projects that will serve communities with the greatest need;
and
``(4) eligible organizations with the capacity to develop
meaningful roles and assignments that use the time, skills,
and experience of older individuals to serve public and
nonprofit organizations.
``(d) Application.--To be eligible to receive a grant or
enter into a contract under subsection (a), an organization
shall submit an application to the Assistant Secretary at
such time, in such manner, and accompanied by such
information as the Assistant Secretary may reasonably
require.
``(e) Eligible Organizations.--Organizations eligible to
receive a grant or enter into a contract under subsection
(a)--
``(1) to carry out activities described in subsection
(a)(1), shall be organizations that provide opportunities for
older individuals to participate in activities described in
subsection (a)(1); and
``(2) to carry out activities described in subsection
(a)(2), shall be organizations with the capacity to conduct
the coordination, promotion, and facilitation described in
subsection (a)(2), through the use of multigenerational
coordinators.
``(f) Local Evaluation and Report.--
``(1) Evaluation.--Each organization receiving a grant or a
contract under subsection (a) to carry out a project
described in subsection (a) shall evaluate the
multigenerational activities or civic engagement activities
carried out under the project to determine--
``(A) the effectiveness of the activities involved;
``(B) the impact of such activities on the community being
served and the organization providing the activities; and
``(C) the impact of such activities on older individuals
involved in such project.
``(2) Report.--The organization shall submit a report to
the Assistant Secretary containing the evaluation not later
than 6 months after the expiration of the period for which
the grant or contract is in effect.
``(g) Report to Congress.--Not later than 6 months after
the Assistant Secretary receives the reports described in
subsection (f)(2), the Assistant Secretary shall prepare and
submit to the Speaker of the House of Representatives and the
President pro tempore of the Senate a report that assesses
the evaluations and includes, at a minimum--
``(1) the names or descriptive titles of the projects
funded under subsection (a);
``(2) a description of the nature and operation of the
projects;
``(3) the names and addresses of organizations that
conducted the projects;
``(4) in the case of projects carried out under subsection
(a)(1), a description of the methods and success of the
projects in recruiting older individuals as employees and as
volunteers to participate in the projects;
``(5) in the case of projects carried out under subsection
(a)(1), a description of the success of the projects in
retaining older individuals participating in the projects as
employees and as volunteers;
``(6) in the case of projects carried out under subsection
(a)(1), the rate of turnover of older individual employees
and volunteers in the projects;
``(7) a strategy for disseminating the findings resulting
from the projects described in paragraph (1); and
``(8) any policy change recommendations relating to the
projects.
``(h) Definitions.--As used in this section:
``(1) Multigenerational activity.--The term
`multigenerational activity' means an activity that provides
an opportunity for interaction between 2 or more individuals
of different generations, including activities connecting
older individuals and youth in a child care program, a youth
day care program, an educational assistance program, an at-
risk youth intervention program, a juvenile delinquency
treatment program, a before- or after-school program, a
library program, or a family support program.
``(2) Multigenerational coordinator.--The term
`multigenerational coordinator' means a person who--
``(A) builds the capacity of public and nonprofit
organizations to develop meaningful roles and assignments,
that use the time, skill, and experience of older individuals
to serve those organizations; and
``(B) nurtures productive, sustainable working
relationships between--
``(i) individuals from the generations with older
individuals; and
``(ii) individuals in younger generations.''.
SEC. 407. NATIVE AMERICAN PROGRAMS.
Section 418(a)(2)(B)(i) of the Older Americans Act of 1965
(42 U.S.C. 3032g(a)(2)(B)(i)) is amended by inserting
``(including mental health)'' after ``health''.
SEC. 408. MULTIDISCIPLINARY CENTERS AND MULTIDISCIPLINARY
SYSTEMS.
Section 419 of the Older Americans Act of 1965 (42 U.S.C.
3032h) is amended--
(1) by striking the title and inserting the following:
``SEC. 419. MULTIDISCIPLINARY CENTERS AND MULTIDISCIPLINARY
SYSTEMS.'';
(2)(A) in subsection (b)(2), by redesignating subparagraphs
(A) through (G) as clauses (i) through (vii), respectively;
(B) in subsection (c)(2), by redesignating subparagraphs
(A) through (D) as clauses (i) through (iv), respectively;
and
(C) by aligning the margins of the clauses described in
subparagraphs (A) and (B) with the margins of clause (iv) of
section 418(a)(2)(A) of such Act;
(3)(A) in subsection (b), by redesignating paragraphs (1)
and (2) as subparagraphs (A) and (B), respectively;
(B) in subsection (c), by redesignating paragraphs (1) and
(2) as subparagraphs (A) and (B), respectively; and
(C) by aligning the margins of the subparagraphs described
in subparagraphs (A) and (B) with the margins of subparagraph
(D) of section 420(a)(1) of such Act;
(4) in subsection (a), by striking ``(a)'' and all that
follows through ``The'' and inserting the following:
``(a) Multidisciplinary Centers.--
``(1) Program authorized.--The'';
(5) in subsection (b)--
(A) by striking the following:
``(b) Use of Funds.--'' and inserting the following:
``(2) Use of funds.--''; and
(B) by striking ``subsection (a)'' each place it appears
and inserting ``paragraph (1)'';
(6) in subsection (c)--
(A) by striking the following:
``(c) Data.--'' and inserting the following:
``(3) Data.--'';
(B) by striking ``subsection (a)'' and inserting
``paragraph (1)'';
(C) by striking ``such subsection'' and inserting ``such
paragraph'';
(D) by striking ``paragraph (1)'' and inserting
``subparagraph (A)''; and
(E) by striking ``this section'' and inserting ``this
subsection'';
(7) in subsection (a) (as so redesignated)--
(A) in paragraph (1), by inserting ``diverse populations of
older individuals residing in urban communities,'' after
``minority populations,'';
(B) in paragraph (2)(B)--
(C)(i) in clause (v), by inserting ``, including
information about best practices in long-term care service
delivery, housing, and transportation'' before the semicolon
at the end;
(ii) in clause (vi)--
(I) by striking ``consultation and'';
(II) by inserting ``and other technical assistance'' after
``information''; and
(III) by striking ``and'' at the end;
(iii) in clause (vii), by striking the period at the end
and inserting ``; and''; and
(iv) by adding at the end the following:
``(viii) provide training and technical assistance to
support the provision of community-based mental health
services for older individuals.''; and
(8) by adding at the end the following:
``(b) Multidisciplinary Health Services in Communities.--
``(1) Program authorized.--The Assistant Secretary shall
make grants to States, on a competitive basis, for the
development and operation of--
``(A) systems for the delivery of mental health screening
and treatment services for older individuals who lack access
to such services; and
``(B) programs to--
``(i) increase public awareness regarding the benefits of
prevention and treatment of mental disorders in older
individuals;
``(ii) reduce the stigma associated with mental disorders
in older individuals and other barriers to the diagnosis and
treatment of the disorders; and
``(iii) reduce age-related prejudice and discrimination
regarding mental disorders in older individuals.
``(2) Application.--To be eligible to receive a grant under
this subsection for a State, a State agency shall submit an
application to the Assistant Secretary at such time, in such
manner, and containing such information as the Assistant
Secretary may require.
``(3) State allocation and priorities.--A State agency that
receives funds through a grant made under this subsection
shall allocate the funds to area agencies on aging to carry
out this subsection in planning and service areas in the
State. In allocating the funds, the State agency shall give
priority to planning and service areas in the State--
``(A) that are medically underserved; and
``(B) in which there are large numbers of older
individuals.
``(4) Area coordination of services with other providers.--
In carrying out this subsection, to more efficiently and
effectively deliver services to older individuals, each area
agency on aging shall--
``(A) coordinate services described in subparagraphs (A)
and (B) of paragraph (1) with such services or similar or
related services of other community agencies, and voluntary
organizations; and
``(B) to the greatest extent practicable, integrate
outreach and educational activities with such activities of
existing (as of the date of the integration) social service
and health care (including mental health) providers serving
older individuals in the planning and service area involved.
``(5) Relationship to other funding sources.--Funds made
available under this subsection shall supplement, and not
supplant, any Federal, State, and local funds expended by a
State or unit of general purpose local government (including
an area agency
[[Page H7757]]
on aging) to provide the services described in subparagraphs
(A) and (B) of paragraph (1).
``(6) Definition.--In this subsection, the term `mental
health screening and treatment services' means patient
screening, diagnostic services, care planning and oversight,
therapeutic interventions, and referrals, that are--
``(A) provided pursuant to evidence-based intervention and
treatment protocols (to the extent such protocols are
available) for mental disorders prevalent in older
individuals; and
``(B) coordinated and integrated with the services of
social service and health care (including mental health)
providers in an area in order to--
``(i) improve patient outcomes; and
``(ii) ensure, to the maximum extent feasible, the
continuing independence of older individuals who are residing
in the area.''.
SEC. 409. COMMUNITY INNOVATIONS FOR AGING IN PLACE.
Part A of title IV of the Older Americans Act of 1965 (42
U.S.C. 3031 et seq.) is amended by adding at the end the
following:
``SEC. 422. COMMUNITY INNOVATIONS FOR AGING IN PLACE.
``(a) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity'--
``(A) means a nonprofit health or social service
organization, a community-based nonprofit organization, an
area agency on aging or other local government agency, a
tribal organization, or another entity that--
``(i) the Assistant Secretary determines to be appropriate
to carry out a project under this part; and
``(ii) demonstrates a record of, and experience in,
providing or administering group and individual health and
social services for older individuals; and
``(B) does not include an entity providing housing under
the congregate housing services program carried out under
section 802 of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 8011) or the multifamily service
coordinator program carried out under section 202(g) of the
Housing Act of 1959 (12 U.S.C. 1701q(g)).
``(2) Naturally occurring retirement community.--The term
`Naturally Occurring Retirement Community' means a community
with a concentrated population of older individuals, which
may include a residential building, a housing complex, an
area (including a rural area) of single family residences, or
a neighborhood composed of age-integrated housing--
``(A) where--
``(i) 40 percent of the heads of households are older
individuals; or
``(ii) a critical mass of older individuals exists, based
on local factors that, taken in total, allow an organization
to achieve efficiencies in the provision of health and social
services to older individuals living in the community; and
``(B) that is not an institutional care or assisted living
setting.
``(b) Grants.--
``(1) In general.--The Assistant Secretary shall make
grants, on a competitive basis, to eligible entities to
develop and carry out model aging in place projects. The
projects shall promote aging in place for older
individuals (including such individuals who reside in
Naturally Occurring Retirement Communities), in order to
sustain the independence of older individuals. A recipient
of a grant under this subsection shall identify innovative
strategies for providing, and linking older individuals to
programs and services that provide, comprehensive and
coordinated health and social services to sustain the
quality of life of older individuals and support aging in
place.
``(2) Grant periods.--The Assistant Secretary shall make
the grants for periods of 3 years.
``(c) Applications.--
``(1) In general.--To be eligible to receive a grant under
subsection (b) for a project, an entity shall submit an
application to the Assistant Secretary at such time, in such
manner, and containing such information as the Assistant
Secretary may require.
``(2) Contents.--The application shall include--
``(A) a detailed description of the entity's experience in
providing services to older individuals in age-integrated
settings;
``(B) a definition of the contiguous service area and a
description of the project area in which the older
individuals reside or carry out activities to sustain their
well-being;
``(C) the results of a needs assessment that identifies--
``(i) existing (as of the date of the assessment)
community-based health and social services available to
individuals residing in the project area;
``(ii) the strengths and gaps of such existing services in
the project area;
``(iii) the needs of older individuals who reside in the
project area; and
``(iv) services not being delivered that would promote
aging in place and contribute to the well-being of older
individuals residing in the project area;
``(D) a plan for the development and implementation of an
innovative model for service coordination and delivery within
the project area;
``(E) a description of how the plan described in
subparagraph (D) will enhance existing services described in
subparagraph (C)(i) and support the goal of this section to
promote aging in place;
``(F) a description of proposed actions by the entity to
prevent the duplication of services funded under a provision
of this Act, other than this section, and a description of
how the entity will cooperate, and coordinate planning and
services (including any formal agreements), with agencies and
organizations that provide publicly supported services for
older individuals in the project area, including the State
agency and area agencies on aging with planning and service
areas in the project area;
``(G) an assurance that the entity will seek to establish
cooperative relationships with interested local entities,
including private agencies and businesses that provide health
and social services, housing entities, community development
organizations, philanthropic organizations, foundations, and
other non-Federal entities;
``(H) a description of the entity's protocol for referral
of residents who may require long-term care services,
including coordination with local agencies, including area
agencies on aging and Aging and Disability Resource Centers
that serve as single points of entry to public services;
``(I) a description of how the entity will offer
opportunities for older individuals to be involved in the
governance, oversight, and operation of the project;
``(J) an assurance that the entity will submit to the
Assistant Secretary such evaluations and reports as the
Assistant Secretary may require; and
``(K) a plan for long-term sustainability of the project.
``(d) Use of Funds.--
``(1) In general.--An eligible entity that receives a grant
under subsection (b) shall use the funds made available
through the grant to--
``(A) ensure access by older individuals in the project
area to community-based health and social services consisting
of--
``(i) case management, case assistance, and social work
services;
``(ii) health care management and health care assistance,
including disease prevention and health promotion services;
``(iii) education, socialization, and recreational
activities; and
``(iv) volunteer opportunities for project participants;
``(B) conduct outreach to older individuals within the
project area; and
``(C) develop and implement innovative, comprehensive, and
cost-effective approaches for the delivery and coordination
of community-based health and social services, including
those identified in subparagraph (A)(iv), which may include
mental health services, for eligible older individuals.
``(2) Coordination.--An eligible entity receiving a grant
under subsection (b) for a project shall coordinate
activities with organizations providing services funded under
title III to support such services for or facilitate the
delivery of such services to eligible older individuals
served by the project.
``(3) Preference.--In carrying out an aging in place
project, an eligible entity shall, to the extent practicable,
serve a community of low-income individuals and operate or
locate the project and services in or in close proximity to a
location where a large concentration of older individuals has
aged in place and resided, such as a Naturally Occurring
Retirement Community.
``(4) Supplement not supplant.--Funds made available to an
eligible entity under subsection (b) shall be used to
supplement, not supplant, any Federal, State, or other funds
otherwise available to the entity to provide health and
social services to eligible older individuals.
``(e) Competitive Grants for Technical Assistance.--
``(1) Grants.--The Assistant Secretary shall (or shall make
a grant, on a competitive basis, to an eligible nonprofit
organization, to enable the organization to)--
``(A) provide technical assistance to recipients of grants
under subsection (b); and
``(B) carry out other duties, as determined by the
Assistant Secretary.
``(2) Eligible organization.--To be eligible to receive a
grant under this subsection, an organization shall be a
nonprofit organization (including a partnership of nonprofit
organizations), that--
``(A) has experience and expertise in providing technical
assistance to a range of entities serving older individuals
and experience evaluating and reporting on programs; and
``(B) has demonstrated knowledge of and expertise in
community-based health and social services.
``(3) Application.--To be eligible to receive a grant under
this subsection, an organization (including a partnership of
nonprofit organizations) shall submit an application to the
Assistant Secretary at such time, in such manner, and
containing such information as the Assistant Secretary may
require, including an assurance that the organization will
submit to the Assistant Secretary such evaluations and
reports as the Assistant Secretary may require.
``(f) Report.--The Assistant Secretary shall annually
prepare and submit a report to Congress that shall include--
``(1) the findings resulting from the evaluations of the
model projects conducted under this section;
``(2) a description of recommended best practices regarding
carrying out health and social service projects for older
individuals aging in place; and
``(3) recommendations for legislative or administrative
action, as the Assistant Secretary determines appropriate.''.
[[Page H7758]]
SEC. 410. RESPONSIBILITIES OF ASSISTANT SECRETARY.
Section 432(c)(2)(B) of the Older Americans Act of 1965 (42
U.S.C. 3033a(c)(2)(B)) is amended by inserting ``, including
preparing an analysis of such services, projects, and
programs, and of how the evaluation relates to improvements
in such services, projects, and programs and in the strategic
plan of the Administration'' before the period at the end.
TITLE V--OLDER AMERICAN COMMUNITY SERVICE EMPLOYMENT PROGRAM
SEC. 501. COMMUNITY SERVICE SENIOR OPPORTUNITIES ACT.
Title V of the Older Americans Act of 1965 (42 U.S.C. 3056
et seq.) is amended to read as follows:
``TITLE V--COMMUNITY SERVICE SENIOR OPPORTUNITIES ACT
``SEC. 501. SHORT TITLE.
``This title may be cited as the `Community Service Senior
Opportunities Act'.
``SEC. 502. OLDER AMERICAN COMMUNITY SERVICE EMPLOYMENT
PROGRAM.
``(a) In General.--
``(1) Establishment of program.--To foster individual
economic self-sufficiency and promote useful opportunities in
community service activities (which shall include community
service employment) for unemployed low-income persons who are
age 55 or older, particularly persons who have poor
employment prospects, and to increase the number of persons
who may enjoy the benefits of unsubsidized employment in both
the public and private sectors, the Secretary of Labor
(referred to in this title as the `Secretary') may establish
an older American community service employment program.
``(2) Use of appropriated amounts.--Amounts appropriated to
carry out this title shall be used only to carry out the
provisions contained in this title.
``(b) Grant Authority.--
``(1) Projects.--To carry out this title, the Secretary may
make grants to public and nonprofit private agencies and
organizations, agencies of a State, and tribal organizations
to carry out the program established under subsection (a).
Such grants may provide for the payment of costs, as provided
in subsection (c), of projects developed by such
organizations and agencies in cooperation with the Secretary
in order to make such program effective or to supplement such
program. The Secretary shall make the grants from allotments
made under section 506, and in accordance with section 514.
No payment shall be made by the Secretary toward the cost of
any project established or administered by such an
organization or agency unless the Secretary determines that
such project--
``(A) will provide community service employment only for
eligible individuals except for necessary technical,
administrative, and supervisory personnel, and such personnel
will, to the fullest extent possible, be recruited from among
eligible individuals;
``(B)(i) will provide community service employment and
other authorized activities for eligible individuals in the
community in which such individuals reside, or in nearby
communities; or
``(ii) if such project is carried out by a tribal
organization that receives a grant under this subsection or
receives assistance from a State that receives a grant under
this subsection, will provide community service employment
and other authorized activities for such individuals,
including those who are Indians residing on an Indian
reservation, as defined in section 2601 of the Energy Policy
Act of 1992 (25 U.S.C. 3501);
``(C) will comply with an average participation cap for
eligible individuals (in the aggregate) of--
``(i) 27 months; or
``(ii) pursuant to the request of a grantee, an extended
period of participation established by the Secretary for a
specific project area for such grantee, up to a period of not
more than 36 months, if the Secretary determines that
extenuating circumstances exist relating to the factors
identified in section 513(a)(2)(D) that justify such an
extended period for the program year involved;
``(D) will employ eligible individuals in service related
to publicly owned and operated facilities and projects, or
projects sponsored by nonprofit organizations (excluding
political parties exempt from taxation under section
501(c)(3) of the Internal Revenue Code of 1986), but
excluding projects involving the construction, operation, or
maintenance of any facility used or to be used as a place for
sectarian religious instruction or worship;
``(E) will contribute to the general welfare of the
community, which may include support for children, youth, and
families;
``(F) will provide community service employment and other
authorized activities for eligible individuals;
``(G)(i) will not reduce the number of employment
opportunities or vacancies that would otherwise be available
to individuals not participating in the program;
``(ii) will not displace currently employed workers
(including partial displacement, such as a reduction in the
hours of nonovertime work, wages, or employment benefits);
``(iii) will not impair existing contracts or result in the
substitution of Federal funds for other funds in connection
with work that would otherwise be performed; and
``(iv) will not employ or continue to employ any eligible
individual to perform the same work or substantially the same
work as that performed by any other individual who is on
layoff;
``(H) will coordinate activities with training and other
services provided under title I of the Workforce Investment
Act of 1998 (29 U.S.C. 2801 et seq.), including utilizing the
one-stop delivery system of the local workforce investment
areas involved to recruit eligible individuals to ensure that
the maximum number of eligible individuals will have an
opportunity to participate in the project;
``(I) will include such training (such as work experience,
on-the-job training, and classroom training) as may be
necessary to make the most effective use of the skills and
talents of those individuals who are participating, and will
provide for the payment of the reasonable expenses of
individuals being trained, including a reasonable subsistence
allowance equivalent to the wage described in subparagraph
(J);
``(J) will ensure that safe and healthy employment
conditions will be provided, and will ensure that
participants employed in community service and other jobs
assisted under this title will be paid wages that shall not
be lower than whichever is the highest of--
``(i) the minimum wage that would be applicable to such a
participant under the Fair Labor Standards Act of 1938 (29
U.S.C. 201 et seq.), if section 6(a)(1) of such Act (29
U.S.C. 206(a)(1)) applied to the participant and if the
participant were not exempt under section 13 of such Act (29
U.S.C. 213);
``(ii) the State or local minimum wage for the most nearly
comparable covered employment; or
``(iii) the prevailing rates of pay for individuals
employed in similar public occupations by the same employer;
``(K) will be established or administered with the advice
of persons competent in the field of service in which
community service employment or other authorized activities
are being provided, and of persons who are knowledgeable
about the needs of older individuals;
``(L) will authorize payment for necessary supportive
services costs (including transportation costs) of eligible
individuals that may be incurred in training in any project
funded under this title, in accordance with rules issued by
the Secretary;
``(M) will ensure that, to the extent feasible, such
project will serve the needs of minority and Indian eligible
individuals, eligible individuals with limited English
proficiency, and eligible individuals with greatest economic
need, at least in proportion to their numbers in the area
served and take into consideration their rates of poverty and
unemployment;
``(N)(i) will prepare an assessment of the participants'
skills and talents and their needs for services, except to
the extent such project has, for the participant involved,
recently prepared an assessment of such skills and talents,
and such needs, pursuant to another employment or training
program (such as a program under the Workforce Investment Act
of 1998 (29 U.S.C. 2801 et seq.), the Carl D. Perkins Career
and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.),
or part A of title IV of the Social Security Act (42 U.S.C.
601 et seq.)) and will prepare a related service strategy;
``(ii) will provide training and employment counseling to
eligible individuals based on strategies that identify
appropriate employment objectives and the need for supportive
services, developed as a result of the assessment and service
strategy provided for in clause (i), and provide other
appropriate information regarding such project; and
``(iii) will provide counseling to participants on their
progress in meeting such objectives and satisfying their need
for supportive services;
``(O) will provide appropriate services for participants,
or refer the participants to appropriate services, through
the one-stop delivery system of the local workforce
investment areas involved as established under section 134(c)
of the Workforce Investment Act of 1998 (29 U.S.C. 2864(c)),
and will be involved in the planning and operations of such
system pursuant to a memorandum of understanding with the
local workforce investment board in accordance with section
121(c) of such Act (29 U.S.C. 2841(c));
``(P) will post in such project workplace a notice, and
will make available to each person associated with such
project a written explanation--
``(i) clarifying the law with respect to political
activities allowable and unallowable under chapter 15 of
title 5, United States Code, applicable to the project and to
each category of individuals associated with such project;
and
``(ii) containing the address and telephone number of the
Inspector General of the Department of Labor, to whom
questions regarding the application of such chapter may be
addressed;
``(Q) will provide to the Secretary the description and
information described in--
``(i) paragraph (8), relating to coordination with other
Federal programs, of section 112(b) of the Workforce
Investment Act of 1998 (29 U.S.C. 2822(b)); and
``(ii) paragraph (14), relating to implementation of one-
stop delivery systems, of section 112(b) of the Workforce
Investment Act of 1998; and
``(R) will ensure that entities that carry out activities
under the project (including State agencies, local entities,
subgrantees,
[[Page H7759]]
and subcontractors) and affiliates of such entities receive
an amount of the administrative cost allocation determined by
the Secretary, in consultation with grantees, to be
sufficient.
``(2) Regulations.--The Secretary may establish, issue, and
amend such regulations as may be necessary to effectively
carry out this title.
``(3) Assessment and service strategies.--
``(A) Prepared under this act.--An assessment and service
strategy required by paragraph (1)(N) to be prepared for an
eligible individual shall satisfy any condition for an
assessment and service strategy or individual employment plan
for an adult participant under subtitle B of title I of the
Workforce Investment Act of 1998 (29 U.S.C. 2811 et seq.), in
order to determine whether such eligible individual also
qualifies for intensive or training services described in
section 134(d) of such Act (29 U.S.C. 2864(d)).
``(B) Prepared under workforce investment act of 1998.--An
assessment and service strategy or individual employment plan
prepared under subtitle B of title I of the Workforce
Investment Act of 1998 (29 U.S.C. 2811 et seq.) for an
eligible individual may be used to comply with the
requirement specified in subparagraph (A).
``(c) Federal Share and Use of Funds.--
``(1) Federal share.--The Secretary may pay a Federal share
not to exceed 90 percent of the cost of any project for which
a grant is made under subsection (b), except that the
Secretary may pay all of such cost if such project is--
``(A) an emergency or disaster project; or
``(B) a project located in an economically depressed area,
as determined by the Secretary in consultation with the
Secretary of Commerce and the Secretary of Health and Human
Services.
``(2) Non-federal share.--The non-Federal share shall be in
cash or in kind. In determining the amount of the non-Federal
share, the Secretary may attribute fair market value to
services and facilities contributed from non-Federal sources.
``(3) Use of funds for administrative costs.--Of the grant
amount to be paid under this subsection by the Secretary for
a project, not to exceed 13.5 percent shall be available for
any fiscal year to pay the administrative costs of such
project, except that--
``(A) the Secretary may increase the amount available to
pay the administrative costs to an amount not to exceed 15
percent of the grant amount if the Secretary determines,
based on information submitted by the grantee under
subsection (b), that such increase is necessary to carry out
such project; and
``(B) if the grantee under subsection (b) demonstrates to
the Secretary that--
``(i) major administrative cost increases are being
incurred in necessary program components, including liability
insurance, payments for workers' compensation, costs
associated with achieving unsubsidized placement goals, and
costs associated with other operation requirements imposed by
the Secretary;
``(ii) the number of community service employment positions
in the project or the number of minority eligible individuals
participating in the project will decline if the amount
available to pay the administrative costs is not increased;
or
``(iii) the size of the project is so small that the amount
of administrative costs incurred to carry out the project
necessarily exceeds 13.5 percent of the grant amount;
the Secretary shall increase the amount available for such
fiscal year to pay the administrative costs to an amount not
to exceed 15 percent of the grant amount.
``(4) Administrative costs.--For purposes of this title,
administrative costs are the costs, both personnel-related
and nonpersonnel-related and both direct and indirect,
associated with the following:
``(A) The costs of performing general administrative
functions and of providing for the coordination of functions,
such as the costs of--
``(i) accounting, budgeting, and financial and cash
management;
``(ii) procurement and purchasing;
``(iii) property management;
``(iv) personnel management;
``(v) payroll functions;
``(vi) coordinating the resolution of findings arising from
audits, reviews, investigations, and incident reports;
``(vii) audits;
``(viii) general legal services;
``(ix) developing systems and procedures, including
information systems, required for administrative functions;
``(x) preparing administrative reports; and
``(xi) other activities necessary for the general
administration of government funds and associated programs.
``(B) The costs of performing oversight and monitoring
responsibilities related to administrative functions.
``(C) The costs of goods and services required for
administrative functions of the project involved, including
goods and services such as rental or purchase of equipment,
utilities, office supplies, postage, and rental and
maintenance of office space.
``(D) The travel costs incurred for official business in
carrying out administrative activities or overall management.
``(E) The costs of information systems related to
administrative functions (such as personnel, procurement,
purchasing, property management, accounting, and payroll
systems), including the purchase, systems development, and
operating costs of such systems.
``(F) The costs of technical assistance, professional
organization membership dues, and evaluating results obtained
by the project involved against stated objectives.
``(5) Non-federal share of administrative costs.--To the
extent practicable, an entity that carries out a project
under this title shall provide for the payment of the
expenses described in paragraph (4) from non-Federal sources.
``(6) Use of funds for wages and benefits and programmatic
activity costs.--
``(A) In general.--Amounts made available for a project
under this title that are not used to pay for the
administrative costs shall be used to pay for the costs of
programmatic activities, including the costs of--
``(i) participant wages, such benefits as are required by
law (such as workers' compensation or unemployment
compensation), the costs of physical examinations,
compensation for scheduled work hours during which an
employer's business is closed for a Federal holiday, and
necessary sick leave that is not part of an accumulated sick
leave program, except that no amounts provided under this
title may be used to pay the cost of pension benefits, annual
leave, accumulated sick leave, or bonuses;
``(ii) participant training (including the payment of
reasonable costs of instructors, classroom rental, training
supplies, materials, equipment, and tuition), which may be
provided prior to or subsequent to placement and which may be
provided on the job, in a classroom setting, or pursuant to
other appropriate arrangements;
``(iii) job placement assistance, including job development
and job search assistance;
``(iv) participant supportive services to enable a
participant to successfully participate in a project under
this title, which may include the payment of reasonable costs
of transportation, health and medical services, special job-
related or personal counseling, incidentals (such as work
shoes, badges, uniforms, eyeglasses, and tools), child and
adult care, temporary shelter, and follow-up services; and
``(v) outreach, recruitment and selection, intake,
orientation, and assessments.
``(B) Use of funds for wages and benefits.--From the funds
made available through a grant made under subsection (b), a
grantee under this title--
``(i) except as provided in clause (ii), shall use not less
than 75 percent of the grant funds to pay the wages,
benefits, and other costs described in subparagraph (A)(i)
for eligible individuals who are employed under projects
carried out under this title; or
``(ii) that obtains approval for a request described in
subparagraph (C) may use not less than 65 percent of the
grant funds to pay the wages, benefits, and other costs
described in subparagraph (A)(i).
``(C) Request to use additional funds for programmatic
activity costs.--
``(i) In general.--A grantee may submit to the Secretary a
request for approval--
``(I) to use not less than 65 percent of the grant funds to
pay the wages, benefits, and other costs described in
subparagraph (A)(i);
``(II) to use the percentage of grant funds described in
paragraph (3) to pay for administrative costs, as specified
in that paragraph;
``(III) to use not more than 10 percent of the grant funds
for individual participants to provide activities described
in clauses (ii) and (iv) of subparagraph (A), in which case
the grantee shall provide (from the funds described in this
subclause) the subsistence allowance described in subsection
(b)(1)(I) for those individual participants who are receiving
training described in that subsection from the funds
described in this subclause, but may not use the funds
described in this subclause to pay for any administrative
costs; and
``(IV) to use the remaining grant funds to provide
activities described in clauses (ii) through (v) of
subparagraph (A).
``(ii) Contents.--In submitting the request the grantee
shall include in the request--
``(I) a description of the activities for which the grantee
will spend the grant funds described in subclauses (III) and
(IV) of clause (i), consistent with those subclauses;
``(II) an explanation documenting how the provision of such
activities will improve the effectiveness of the project,
including an explanation concerning whether any displacement
of eligible individuals or elimination of positions for such
individuals will occur, information on the number of such
individuals to be displaced and of such positions to be
eliminated, and an explanation concerning how the activities
will improve employment outcomes for individuals served,
based on the assessment conducted under subsection (b)(1)(N);
and
``(III) a proposed budget and work plan for the activities,
including a detailed description of the funds to be spent on
the activities described in subclauses (III) and (IV) of
clause (i).
``(iii) Submission.--The grantee shall submit a request
described in clause (i) not later than 90 days before the
proposed date of implementation contained in the request. Not
later than 30 days before the proposed date of
implementation, the Secretary shall approve, approve as
modified, or reject the request, on the basis of the
information included in the request as described in clause
(ii).
[[Page H7760]]
``(D) Report.--Each grantee under subsection (b) shall
annually prepare and submit to the Secretary a report
documenting the grantee's use of funds for activities
described in clauses (i) through (v) of subparagraph (A).
``(d) Project Description.--Whenever a grantee conducts a
project within a planning and service area in a State, such
grantee shall conduct such project in consultation with the
area agency on aging of the planning and service area and
shall submit to the State agency and the area agency on aging
a description of such project to be conducted in the State,
including the location of the project, 90 days prior to
undertaking the project, for review and public comment
according to guidelines the Secretary shall issue to assure
efficient and effective coordination of projects under this
title.
``(e) Pilot, Demonstration, and Evaluation Projects.--
``(1) In general.--The Secretary, in addition to exercising
any other authority contained in this title, shall use funds
reserved under section 506(a)(1) to carry out demonstration
projects, pilot projects, and evaluation projects, for the
purpose of developing and implementing techniques and
approaches, and demonstrating the effectiveness of the
techniques and approaches, in addressing the employment and
training needs of eligible individuals. The Secretary shall
enter into such agreements with States, public agencies,
nonprofit private organizations, or private business
concerns, as may be necessary, to conduct the projects
authorized by this subsection. To the extent practicable, the
Secretary shall provide an opportunity, prior to the
development of a demonstration or pilot project, for the
appropriate area agency on aging to submit comments on such a
project in order to ensure coordination of activities under
this title.
``(2) Projects.--Such projects may include--
``(A) activities linking businesses and eligible
individuals, including activities providing assistance to
participants transitioning from subsidized activities to
private sector employment;
``(B) demonstration projects and pilot projects designed
to--
``(i) attract more eligible individuals into the labor
force;
``(ii) improve the provision of services to eligible
individuals under one-stop delivery systems established under
title I of the Workforce Investment Act of 1998 (29 U.S.C.
2801 et seq.);
``(iii) enhance the technological skills of eligible
individuals; and
``(iv) provide incentives to grantees under this title for
exemplary performance and incentives to businesses to promote
their participation in the program under this title;
``(C) demonstration projects and pilot projects, as
described in subparagraph (B), for workers who are older
individuals (but targeted to eligible individuals) only if
such demonstration projects and pilot projects are designed
to assist in developing and implementing techniques and
approaches in addressing the employment and training needs of
eligible individuals;
``(D) provision of training and technical assistance to
support any project funded under this title;
``(E) dissemination of best practices relating to
employment of eligible individuals; and
``(F) evaluation of the activities authorized under this
title.
``(3) Consultation.--To the extent practicable, entities
carrying out projects under this subsection shall consult
with appropriate area agencies on aging and with other
appropriate agencies and entities to promote coordination of
activities under this title.
``SEC. 503. ADMINISTRATION.
``(a) State Plan.--
``(1) Governor.--For a State to be eligible to receive an
allotment under section 506, the Governor of the State shall
submit to the Secretary for consideration and approval, a
single State plan (referred to in this title as the `State
plan') that outlines a 4-year strategy for the statewide
provision of community service employment and other
authorized activities for eligible individuals under this
title. The plan shall contain such provisions as the
Secretary may require, consistent with this title, including
a description of the process used to ensure the participation
of individuals described in paragraph (2). Not less often
than every 2 years, the Governor shall review the State plan
and submit an update to the State plan to the Secretary for
consideration and approval.
``(2) Recommendations.--In developing the State plan prior
to its submission to the Secretary, the Governor shall seek
the advice and recommendations of--
``(A) individuals representing the State agency and the
area agencies on aging in the State, and the State and local
workforce investment boards established under title I of the
Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.);
``(B) individuals representing public and nonprofit private
agencies and organizations providing employment services,
including each grantee operating a project under this title
in the State; and
``(C) individuals representing social service organizations
providing services to older individuals, grantees under title
III of this Act, affected communities, unemployed older
individuals, community-based organizations serving the needs
of older individuals, business organizations, and labor
organizations.
``(3) Comments.--Any State plan submitted by the Governor
in accordance with paragraph (1) shall be accompanied by
copies of public comments relating to the plan received
pursuant to paragraph (7), and a summary of the comments.
``(4) Plan provisions.--The State plan shall identify and
address--
``(A) the relationship that the number of eligible
individuals in each area bears to the total number of
eligible individuals, respectively, in the State;
``(B) the relative distribution of eligible individuals
residing in rural and urban areas in the State; and
``(C) the relative distribution of--
``(i) eligible individuals who are individuals with
greatest economic need;
``(ii) eligible individuals who are minority individuals;
``(iii) eligible individuals who are limited English
proficient; and
``(iv) eligible individuals who are individuals with
greatest social need;
``(D) the current and projected employment opportunities in
the State (such as by providing information available under
section 15 of the Wagner-Peyser Act (29 U.S.C. 49l-2) by
occupation), and the type of skills possessed by local
eligible individuals;
``(E) the localities and populations for which projects of
the type authorized by this title are most needed; and
``(F) plans for facilitating the coordination of activities
of grantees in the State under this title with activities
carried out in the State under title I of the Workforce
Investment Act of 1998 (29 U.S.C. 2801 et seq.).
``(5) Governor's recommendations.--Before a proposal for a
grant under this title for any fiscal year is submitted to
the Secretary, the Governor of the State in which projects
are proposed to be conducted under such grant shall be
afforded a reasonable opportunity to submit to the
Secretary--
``(A) recommendations regarding the anticipated effect of
each such proposal upon the overall distribution of
enrollment positions under this title in the State (including
such distribution among urban and rural areas), taking into
account the total number of positions to be provided by all
grantees in the State;
``(B) any recommendations for redistribution of positions
to underserved areas as vacancies occur in previously
encumbered positions in other areas; and
``(C) in the case of any increase in funding that may be
available for use in the State under this title for the
fiscal year, any recommendations for distribution of newly
available positions in excess of those available during the
preceding year to underserved areas.
``(6) Disruptions.--In developing a plan or considering a
recommendation under this subsection, the Governor shall
avoid disruptions in the provision of services for
participants to the greatest possible extent.
``(7) Determination; review.--
``(A) Determination.--In order to effectively carry out
this title, each State shall make the State plan available
for public comment. The Secretary, in consultation with the
Assistant Secretary, shall review the plan and make a written
determination with findings and a decision regarding the
plan.
``(B) Review.--The Secretary may review, on the Secretary's
own initiative or at the request of any public or private
agency or organization or of any agency of the State, the
distribution of projects and services under this title in the
State, including the distribution between urban and rural
areas in the State. For each proposed reallocation of
projects or services in a State, the Secretary shall give
notice and opportunity for public comment.
``(8) Exemption.--The grantees that serve eligible
individuals who are older Indians or Pacific Island and Asian
Americans with funds reserved under section 506(a)(3) may not
be required to participate in the State planning processes
described in this section but shall collaborate with the
Secretary to develop a plan for projects and services to
eligible individuals who are Indians or Pacific Island and
Asian Americans, respectively.
``(b) Coordination With Other Federal Programs.--
``(1) In general.--The Secretary and the Assistant
Secretary shall coordinate the program carried out under this
title with programs carried out under other titles of this
Act, to increase employment opportunities available to older
individuals.
``(2) Programs.--
``(A) In general.--The Secretary shall coordinate programs
carried out under this title with the program carried out
under the Workforce Investment Act of 1998 (29 U.S.C. 2801 et
seq.), the Community Services Block Grant Act (42 U.S.C. 9901
et seq.), the Rehabilitation Act of 1973 (29 U.S.C. 701 et
seq.), the Carl D. Perkins Career and Technical Education Act
of 2006 (20 U.S.C. 2301 et seq.), the National and Community
Service Act of 1990 (42 U.S.C. 12501 et seq.), and the
Domestic Volunteer Service Act of 1973 (42 U.S.C. 4950 et
seq.). The Secretary shall coordinate the administration of
this title with the administration of other titles of this
Act by the Assistant Secretary to increase the likelihood
that eligible individuals for whom employment opportunities
under this title are available and who need services under
such titles receive such services.
``(B) Use of funds.--
[[Page H7761]]
``(i) Prohibition.--Funds appropriated to carry out this
title may not be used to carry out any program under the
Workforce Investment Act of 1998, the Community Services
Block Grant Act, the Rehabilitation Act of 1973, the Carl D.
Perkins Career and Technical Education Act of 2006, the
National and Community Service Act of 1990, or the Domestic
Volunteer Service Act of 1973.
``(ii) Joint activities.--Clause (i) shall not be construed
to prohibit carrying out projects under this title jointly
with programs, projects, or activities under any Act
specified in clause (i), or from carrying out section 511.
``(3) Informational materials on age discrimination.--The
Secretary shall distribute to grantees under this title, for
distribution to program participants, and at no cost to
grantees or participants, informational materials developed
and supplied by the Equal Employment Opportunity Commission
and other appropriate Federal agencies that the Secretary
determines are designed to help participants identify age
discrimination and to understand their rights under the Age
Discrimination in Employment Act of 1967 (29 U.S.C. 621 et
seq.).
``(c) Use of Services, Equipment, Personnel, and
Facilities.--In carrying out this title, the Secretary may
use the services, equipment, personnel, and facilities of
Federal and other agencies, with their consent, with or
without reimbursement, and on a similar basis cooperate with
other public and nonprofit private agencies and organizations
in the use of services, equipment, and facilities.
``(d) Payments.--Payments under this title may be made in
advance or by way of reimbursement and in such installments
as the Secretary may determine.
``(e) No Delegation of Functions.--The Secretary shall not
delegate any function of the Secretary under this title to
any other Federal officer or entity.
``(f) Compliance.--
``(1) Monitoring.--The Secretary shall monitor projects for
which grants are made under this title to determine whether
the grantees are complying with rules and regulations issued
to carry out this title (including the statewide planning,
consultation, and coordination requirements of this title).
``(2) Compliance with uniform cost principles and
administrative requirements.--Each grantee that receives
funds under this title shall comply with the applicable
uniform cost principles and appropriate administrative
requirements for grants and contracts that are applicable to
the type of entity that receives funds, as issued as
circulars or rules of the Office of Management and Budget.
``(3) Reports.--Each grantee described in paragraph (2)
shall prepare and submit a report in such manner and
containing such information as the Secretary may require
regarding activities carried out under this title.
``(4) Records.--Each grantee described in paragraph (2)
shall keep records that--
``(A) are sufficient to permit the preparation of reports
required by this title;
``(B) are sufficient to permit the tracing of funds to a
level of expenditure adequate to ensure that the funds have
not been spent unlawfully; and
``(C) contain any other information that the Secretary
determines to be appropriate.
``(g) Evaluations.--The Secretary shall establish by rule
and implement a process to evaluate, in accordance with
section 513, the performance of projects carried out and
services provided under this title. The Secretary shall
report to Congress, and make available to the public, the
results of each such evaluation and shall use such evaluation
to improve services delivered by, or the operation of,
projects carried out under this title.
``SEC. 504. PARTICIPANTS NOT FEDERAL EMPLOYEES.
``(a) Inapplicability of Certain Provisions Covering
Federal Employees.--Eligible individuals who are participants
in any project funded under this title shall not be
considered to be Federal employees as a result of such
participation and shall not be subject to part III of title
5, United States Code.
``(b) Workers' Compensation.--No grant or subgrant shall be
made and no contract or subcontract shall be entered into
under this title with an entity who is, or whose employees
are, under State law, exempted from operation of the State
workers' compensation law, generally applicable to employees,
unless the entity shall undertake to provide either through
insurance by a recognized carrier or by self-insurance, as
authorized by State law, that the persons employed under the
grant, subgrant, contract, or subcontract shall enjoy
workers' compensation coverage equal to that provided by law
for covered employment.
``SEC. 505. INTERAGENCY COOPERATION.
``(a) Consultation With the Assistant Secretary.--The
Secretary shall consult with and obtain the written views of
the Assistant Secretary before issuing rules and before
establishing general policy in the administration of this
title.
``(b) Consultation With Heads of Other Agencies.--The
Secretary shall consult and cooperate with the Secretary of
Health and Human Services (acting through officers including
the Director of the Office of Community Services), and the
heads of other Federal agencies that carry out programs
related to the program carried out under this title, in order
to achieve optimal coordination of the program carried out
under this title with such related programs. Each head of a
Federal agency shall cooperate with the Secretary in
disseminating information relating to the availability of
assistance under this title and in promoting the
identification and interests of individuals eligible for
employment in projects assisted under this title.
``(c) Coordination.--
``(1) In general.--The Secretary shall promote and
coordinate efforts to carry out projects under this title
jointly with programs, projects, or activities carried out
under other Acts, especially activities provided under the
Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.),
including activities provided through one-stop delivery
systems established under section 134(c)) of such Act (29
U.S.C. 2864(c)), that provide training and employment
opportunities to eligible individuals.
``(2) Coordination with certain activities.--The Secretary
shall consult with the Secretary of Education to promote and
coordinate efforts to carry out projects under this title
jointly with activities in which eligible individuals may
participate that are carried out under the Carl D. Perkins
Career and Technical Education Act of 2006 (20 U.S.C. 2301 et
seq.).
``SEC. 506. DISTRIBUTION OF ASSISTANCE.
``(a) Reservations.--
``(1) Reservation for pilot demonstration and evaluation
projects.--Of the funds appropriated to carry out this title
for each fiscal year, the Secretary may first reserve not
more than 1.5 percent to carry out demonstration projects,
pilot projects, and evaluation projects under section 502(e).
``(2) Reservation for territories.--Of the funds
appropriated to carry out this title for each fiscal year,
the Secretary shall reserve 0.75 percent, of which--
``(A) Guam, American Samoa, and the United States Virgin
Islands shall each receive 30 percent of the funds so
reserved; and
``(B) the Commonwealth of the Northern Mariana Islands
shall receive 10 percent of the funds so reserved.
``(3) Reservation for organizations.--Of the funds
appropriated to carry out this title for each fiscal year,
the Secretary shall reserve such amount as may be necessary
to make national grants to public or nonprofit national
Indian aging organizations with the ability to provide
community service employment and other authorized activities
for eligible individuals who are Indians and to national
public or nonprofit Pacific Island and Asian American aging
organizations with the ability to provide community service
employment and other authorized activities for eligible
individuals who are Pacific Island and Asian Americans.
``(b) State Allotments.--The allotment for each State shall
be the sum of the amounts allotted for national grants in
such State under subsection (d) and for the grant to such
State under subsection (e).
``(c) Division Between National Grants and Grants to
States.--The funds appropriated to carry out this title for
any fiscal year that remain after amounts are reserved under
paragraphs (1), (2), and (3) of subsection (a) shall be
divided by the Secretary between national grants and grants
to States as follows:
``(1) Reservation of funds for fiscal year 2000 level of
activities.--
``(A) In general.--The Secretary shall reserve the amount
of funds necessary to maintain the fiscal year 2000 level of
activities supported by grantees that operate under this
title under national grants from the Secretary, and the
fiscal year 2000 level of activities supported by State
grantees under this title, in proportion to their respective
fiscal year 2000 levels of activities.
``(B) Insufficient appropriations.--If in any fiscal year
the funds appropriated to carry out this title are
insufficient to satisfy the requirement specified in
subparagraph (A), then the amount described in subparagraph
(A) shall be reduced proportionally.
``(2) Funding in excess of fiscal year 2000 level of
activities.--
``(A) Up to $35,000,000.--The amount of funds remaining (if
any) after the application of paragraph (1), but not to
exceed $35,000,000, shall be divided so that 75 percent shall
be provided to State grantees and 25 percent shall be
provided to grantees that operate under this title under
national grants from the Secretary.
``(B) Over $35,000,000.--The amount of funds remaining (if
any) after the application of subparagraph (A) shall be
divided so that 50 percent shall be provided to State
grantees and 50 percent shall be provided to grantees that
operate under this title under national grants from the
Secretary.
``(d) Allotments for National Grants.--From funds available
under subsection (c) for national grants, the Secretary shall
allot for public and nonprofit private agency and
organization grantees that operate under this title under
national grants from the Secretary in each State, an amount
that bears the same ratio to such funds as the product of the
number of individuals age 55 or older in the State and the
allotment percentage of such State bears to the sum of the
corresponding products for all States, except as follows:
``(1) Minimum allotment.--No State shall be provided an
amount under this subsection that is less than \1/2\ of 1
percent of the amount provided under subsection (c) for
public and nonprofit private agency and organization grantees
that operate under this
[[Page H7762]]
title under national grants from the Secretary in all of the
States.
``(2) Hold harmless.--If such amount provided under
subsection (c) is--
``(A) equal to or less than the amount necessary to
maintain the fiscal year 2000 level of activities, allotments
for grantees that operate under this title under national
grants from the Secretary in each State shall be proportional
to the amount necessary to maintain their fiscal year 2000
level of activities; or
``(B) greater than the amount necessary to maintain the
fiscal year 2000 level of activities, no State shall be
provided a percentage increase above the amount necessary to
maintain the fiscal year 2000 level of activities for
grantees that operate under this title under national grants
from the Secretary in the State that is less than 30 percent
of the percentage increase above the amount necessary to
maintain the fiscal year 2000 level of activities for public
and private nonprofit agency and organization grantees that
operate under this title under national grants from the
Secretary in all of the States.
``(3) Reduction.--Allotments for States not affected by
paragraphs (1) and (2)(B) shall be reduced proportionally to
satisfy the conditions in such paragraphs.
``(e) Allotments for Grants to States.--From the amount
provided for grants to States under subsection (c), the
Secretary shall allot for the State grantee in each State an
amount that bears the same ratio to such amount as the
product of the number of individuals age 55 or older in the
State and the allotment percentage of such State bears to the
sum of the corresponding products for all States, except as
follows:
``(1) Minimum allotment.--No State shall be provided an
amount under this subsection that is less than \1/2\ of 1
percent of the amount provided under subsection (c) for State
grantees in all of the States.
``(2) Hold harmless.--If such amount provided under
subsection (c) is--
``(A) equal to or less than the amount necessary to
maintain the fiscal year 2000 level of activities, allotments
for State grantees in each State shall be proportional to the
amount necessary to maintain their fiscal year 2000 level of
activities; or
``(B) greater than the amount necessary to maintain the
fiscal year 2000 level of activities, no State shall be
provided a percentage increase above the amount necessary to
maintain the fiscal year 2000 level of activities for State
grantees in the State that is less than 30 percent of the
percentage increase above the amount necessary to maintain
the fiscal year 2000 level of activities for State grantees
in all of the States.
``(3) Reduction.--Allotments for States not affected by
paragraphs (1) and (2)(B) shall be reduced proportionally to
satisfy the conditions in such paragraphs.
``(f) Allotment Percentage.--For purposes of subsections
(d) and (e) and this subsection--
``(1) the allotment percentage of each State shall be 100
percent less that percentage that bears the same ratio to 50
percent as the per capita income of such State bears to the
per capita income of the United States, except that--
``(A) the allotment percentage shall be not more than 75
percent and not less than 33 percent; and
``(B) the allotment percentage for the District of Columbia
and the Commonwealth of Puerto Rico shall be 75 percent;
``(2) the number of individuals age 55 or older in any
State and in all States, and the per capita income in any
State and in all States, shall be determined by the Secretary
on the basis of the most satisfactory data available to the
Secretary; and
``(3) for the purpose of determining the allotment
percentage, the term `United States' means the 50 States, and
the District of Columbia.
``(g) Definitions.--In this section:
``(1) Cost per authorized position.--The term `cost per
authorized position' means the sum of--
``(A) the hourly minimum wage rate specified in section
6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C.
206(a)(1)), multiplied by the number of hours equal to the
product of 21 hours and 52 weeks;
``(B) an amount equal to 11 percent of the amount specified
under subparagraph (A), for the purpose of covering Federal
payments for fringe benefits; and
``(C) an amount determined by the Secretary, for the
purpose of covering Federal payments for the remainder of all
other program and administrative costs.
``(2) Fiscal year 2000 level of activities.--The term
`fiscal year 2000 level of activities' means--
``(A) with respect to public and nonprofit private agency
and organization grantees that operate under this title under
national grants from the Secretary, their level of activities
for fiscal year 2000; and
``(B) with respect to State grantees, their level of
activities for fiscal year 2000.
``(3) Grants to states.--The term `grants to States' means
grants made under this title by the Secretary to the States.
``(4) Level of activities.--The term `level of activities'
means the number of authorized positions multiplied by the
cost per authorized position.
``(5) National grants.--The term `national grants' means
grants made under this title by the Secretary to public and
nonprofit private agency and organization grantees that
operate under this title.
``(6) State.--The term `State' does not include Guam,
American Samoa, the Commonwealth of the Northern Mariana
Islands, and the United States Virgin Islands.
``SEC. 507. EQUITABLE DISTRIBUTION.
``(a) Interstate Allocation.--In making grants under
section 502(b) from allotments made under section 506, the
Secretary shall ensure, to the extent feasible, an equitable
distribution of activities under such grants, in the
aggregate, among the States, taking into account the needs of
underserved States.
``(b) Intrastate Allocation.--The amount allocated for
projects within each State under section 506 shall be
allocated among areas in the State in an equitable manner,
taking into consideration the State priorities set out in the
State plan in effect under section 503(a).
``SEC. 508. REPORT.
``To carry out the Secretary's responsibilities for
reporting in section 503(g), the Secretary shall require the
State agency for each State that receives funds under this
title to prepare and submit a report at the beginning of each
fiscal year on such State's compliance with section 507(b).
Such report shall include the names and geographic location
of all projects assisted under this title and carried out in
the State and the amount allocated to each such project under
section 506.
``SEC. 509. EMPLOYMENT ASSISTANCE AND FEDERAL HOUSING AND
FOOD STAMP PROGRAMS.
``Funds received by eligible individuals from projects
carried out under the program established under this title
shall not be considered to be income of such individuals for
purposes of determining the eligibility of such individuals,
or of any other individuals, to participate in any housing
program for which Federal funds may be available or for any
income determination under the Food Stamp Act of 1977 (7
U.S.C. 2011 et seq.).
``SEC. 510. ELIGIBILITY FOR WORKFORCE INVESTMENT ACTIVITIES.
``Eligible individuals under this title may be considered
by local workforce investment boards and one-stop operators
established under title I of the Workforce Investment Act of
1998 (29 U.S.C. 2801 et seq.) to satisfy the requirements for
receiving services under such title I that are applicable to
adults.
``SEC. 511. COORDINATION WITH THE WORKFORCE INVESTMENT ACT OF
1998.
``(a) Partners.--Grantees under this title shall be one-
stop partners as described in subparagraphs (A) and (B)(vi)
of section 121(b)(1) of the Workforce Investment Act of 1998
(29 U.S.C. 2841(b)(1)) in the one-stop delivery system
established under section 134(c) of such Act (29 U.S.C.
2864(c)) for the appropriate local workforce investment
areas, and shall carry out the responsibilities relating to
such partners.
``(b) Coordination.--In local workforce investment areas
where more than 1 grantee under this title provides services,
the grantees shall--
``(1) coordinate their activities related to the one-stop
delivery systems; and
``(2) be signatories of the memorandum of understanding
established under section 121(c) of the Workforce Investment
Act of 1998 (29 U.S.C. 2841(c)).
``SEC. 512. TREATMENT OF ASSISTANCE.
``Assistance provided under this title shall not be
considered to be financial assistance described in section
245A(h)(1)(A) of the Immigration and Nationality Act (8
U.S.C. 1255a(h)(1)(A)).
``SEC. 513. PERFORMANCE.
``(a) Measures and Indicators.--
``(1) Establishment and implementation of measures and
indicators.--The Secretary shall establish and implement,
after consultation with grantees, subgrantees, and host
agencies under this title, States, older individuals, area
agencies on aging, and other organizations serving older
individuals, core measures of performance and additional
indicators of performance for each grantee for projects and
services carried out under this title. The core measures of
performance and additional indicators of performance shall be
applicable to each grantee under this title without regard to
whether such grantee operates the program directly or through
subcontracts, subgrants, or agreements with other entities.
``(2) Content.--
``(A) Composition of measures and indicators.--
``(i) Measures.--The core measures of performance
established by the Secretary in accordance with paragraph (1)
shall consist of core indicators of performance specified in
subsection (b)(1) and the expected levels of performance
applicable to each core indicator of performance.
``(ii) Additional indicators.--The additional indicators of
performance established by the Secretary in accordance with
paragraph (1) shall be the additional indicators of
performance specified in subsection (b)(2).
``(B) Continuous improvement.--The measures described in
subparagraph (A)(i) shall be designed to promote continuous
improvement in performance.
``(C) Expected levels of performance.--The Secretary and
each grantee shall reach agreement on the expected levels of
performance for each program year for each of the core
indicators of performance specified in subparagraph (A)(i).
The agreement shall take into account the requirement of
subparagraph (B) and the factors described in subparagraph
(D), and other appropriate factors as determined by the
Secretary, and
[[Page H7763]]
shall be consistent with the requirements of subparagraph
(E). Funds may not be awarded under the grant until such
agreement is reached. At the conclusion of negotiations
concerning the levels with all grantees, the Secretary shall
make available for public review the final negotiated
expected levels of performance for each grantee, including
any comments submitted by the grantee regarding the grantee's
satisfaction with the negotiated levels.
``(D) Adjustment.--The expected levels of performance
described in subparagraph (C) applicable to a grantee shall
be adjusted after the agreement under subparagraph (C) has
been reached only with respect to the following factors:
``(i) High rates of unemployment or of poverty or
participation in the program of block grants to States for
temporary assistance for needy families established under
part A of title IV of the Social Security Act (42 U.S.C. 601
et seq.), in the areas served by a grantee, relative to other
areas of the State involved or Nation.
``(ii) Significant downturns in the areas served by the
grantee or in the national economy.
``(iii) Significant numbers or proportions of participants
with 1 or more barriers to employment, including individuals
described in subsection (a)(3)(B)(ii) or (b)(2) of section
518, served by a grantee relative to such numbers or
proportions for grantees serving other areas of the State or
Nation.
``(iv) Changes in Federal, State, or local minimum wage
requirements.
``(v) Limited economies of scale for the provision of
community service employment and other authorized activities
in the areas served by the grantee.
``(E) Placement.--
``(i) Level of performance.--For all grantees, the
Secretary shall establish an expected level of performance of
not less than the percentage specified in clause (ii)
(adjusted in accordance with subparagraph (D)) for the entry
into unsubsidized employment core indicator of performance
described in subsection (b)(1)(B).
``(ii) Required placement percentages.--The minimum
percentage for the expected level of performance for the
entry into unsubsidized employment core indicator of
performance described in subsection (b)(1)(B) is--
``(I) 21 percent for fiscal year 2007;
``(II) 22 percent for fiscal year 2008;
``(III) 23 percent for fiscal year 2009;
``(IV) 24 percent for fiscal year 2010; and
``(V) 25 percent for fiscal year 2011.
``(3) Limitation.--An agreement to be evaluated on the core
measures of performance and to report information on the
additional indicators of performance shall be a requirement
for application for, and a condition of, all grants
authorized by this title.
``(b) Indicators of Performance.--
``(1) Core indicators.--The core indicators of performance
described in subsection (a)(2)(A)(i) shall consist of--
``(A) hours (in the aggregate) of community service
employment;
``(B) entry into unsubsidized employment;
``(C) retention in unsubsidized employment for 6 months;
``(D) earnings; and
``(E) the number of eligible individuals served, including
the number of participating individuals described in
subsection (a)(3)(B)(ii) or (b)(2) of section 518.
``(2) Additional indicators.--The additional indicators of
performance described in subsection (a)(2)(A)(ii) shall
consist of--
``(A) retention in unsubsidized employment for 1 year;
``(B) satisfaction of the participants, employers, and
their host agencies with their experiences and the services
provided;
``(C) any other indicators of performance that the
Secretary determines to be appropriate to evaluate services
and performance.
``(3) Definitions of indicators.--The Secretary, after
consultation with national and State grantees,
representatives of business and labor organizations, and
providers of services, shall, by regulation, issue
definitions of the indicators of performance described in
paragraphs (1) and (2).
``(c) Evaluation.--The Secretary shall--
``(1) annually evaluate, and publish and make available for
public review information on, the actual performance of each
grantee with respect to the levels achieved for each of the
core indicators of performance, compared to the expected
levels of performance established under subsection (a)(2)(C)
(including any adjustments to such levels made in accordance
with subsection (a)(2)(D)); and
``(2) annually publish and make available for public review
information on the actual performance of each grantee with
respect to the levels achieved for each of the additional
indicators of performance.
``(d) Technical Assistance and Corrective Efforts.--
``(1) Initial determinations.--
``(A) In general.--As soon as practicable after July 1,
2007, the Secretary shall determine if a grantee under this
title has, for program year 2006--
``(i) met the expected levels of performance established
under subsection (a)(2)(C) (including any adjustments to such
levels made in accordance with subsection (a)(2)(D)) for the
core indicators of performance described in subparagraphs
(A), (C), (D), and (E) of subsection (b)(1); and
``(ii) achieved the applicable percentage specified in
subsection (a)(2)(E)(ii) for the core indicator of
performance described in subsection (b)(1)(B).
``(B) Technical assistance.--If the Secretary determines
that the grantee, for program year 2006--
``(i) failed to meet the expected levels of performance
described in subparagraph (A)(i); or
``(ii) failed to achieve the applicable percentage
described in subparagraph (A)(ii),
the Secretary shall provide technical assistance to assist
the grantee to meet the expected levels of performance and
achieve the applicable percentage.
``(2) National grantees.--
``(A) In general.--Not later than 120 days after the end of
each program year, the Secretary shall determine if a
national grantee awarded a grant under section 502(b) in
accordance with section 514 has met the expected levels of
performance established under subsection (a)(2)(C) (including
any adjustments to such levels made in accordance with
subsection (a)(2)(D)) for the core indicators of performance
described in subsection (b)(1).
``(B) Technical assistance and corrective action plan.--
``(i) In general.--If the Secretary determines that a
national grantee fails to meet the expected levels of
performance described in subparagraph (A), the Secretary
after each year of such failure, shall provide technical
assistance and require such grantee to submit a corrective
action plan not later than 160 days after the end of the
program year.
``(ii) Content.--The plan submitted under clause (i) shall
detail the steps the grantee will take to meet the expected
levels of performance in the next program year.
``(iii) Recompetition.--Any grantee who has failed to meet
the expected levels of performance for 4 consecutive years
(beginning with program year 2007) shall not be allowed to
compete in the subsequent grant competition under section 514
following the fourth consecutive year of failure but may
compete in the next such grant competition after that
subsequent competition.
``(3) State grantees.--
``(A) In general.--Not later than 120 days after the end of
each program year, the Secretary shall determine if a State
grantee allotted funds under section 506(e) has met the
expected levels of performance established under subsection
(a)(2)(C) (including any adjustments to such levels made in
accordance with subsection (a)(2)(D)) for the core indicators
of performance described in subsection (b)(1).
``(B) Technical assistance and corrective action plan.--
``(i) In general.--If the Secretary determines that a State
fails to meet the expected levels of performance described in
subparagraph (A), the Secretary, after each year of such
failure, shall provide technical assistance and require the
State to submit a corrective action plan not later than 160
days after the end of the program year.
``(ii) Content.--The plan submitted under clause (i) shall
detail the steps the State will take to meet the expected
levels of performance in the next program year.
``(iii) Competition.--If the Secretary determines that the
State fails to meet the expected levels of performance
described in subparagraph (A) for 3 consecutive program years
(beginning with program year 2007), the Secretary shall
provide for the conduct by the State of a competition to
award the funds allotted to the State under section 506(e)
for the first full program year following the Secretary's
determination.
``(4) Special rule for establishment and implementation.--
The Secretary shall establish and implement the core measures
of performance and additional indicators of performance
described in this section, including all required indicators
described in subsection (b), not later than July 1, 2007.
``(e) Impact on Grant Competition.--The Secretary may not
publish a notice announcing a grant competition under this
title, and solicit proposals for grants, until the day that
is the later of--
``(1) the date on which the Secretary implements the core
measures of performance and additional indicators of
performance described in this section; and
``(2) January 1, 2010.
``SEC. 514. COMPETITIVE REQUIREMENTS RELATING TO GRANT
AWARDS.
``(a) Program Authorized.--
``(1) Initial approval of grant applications.--From the
funds available for national grants under section 506(d), the
Secretary shall award grants under section 502(b) to eligible
applicants, through a competitive process that emphasizes
meeting performance requirements, to carry out projects under
this title for a period of 4 years, except as provided in
paragraph (2). The Secretary may not conduct a grant
competition under this title until the day described in
section 513(e).
``(2) Continuation of approval based on performance.--If
the recipient of a grant made under paragraph (1) meets the
expected levels of performance described in section
513(d)(2)(A) for each year of such 4-year period with respect
to a project, the Secretary may award a grant under section
502(b) to such recipient to continue such project beyond such
4-year period for 1 additional year without regard to such
process.
``(b) Eligible Applicants.--An applicant shall be eligible
to receive a grant under section 502(b) in accordance with
subsections (a), (c), and (d).
[[Page H7764]]
``(c) Criteria.--For purposes of subsection (a)(1), the
Secretary shall select the eligible applicants to receive
grants based on the following:
``(1) The applicant's ability to administer a project that
serves the greatest number of eligible individuals, giving
particular consideration to individuals with greatest
economic need, individuals with greatest social need, and
individuals described in subsection (a)(3)(B)(ii) or (b)(2)
of section 518.
``(2) The applicant's ability to administer a project that
provides employment for eligible individuals in the
communities in which such individuals reside, or in nearby
communities, that will contribute to the general welfare of
the communities involved.
``(3) The applicant's ability to administer a project that
moves eligible individuals into unsubsidized employment.
``(4) The applicant's prior performance, if any, in meeting
core measures of performance and addressing additional
indicators of performance under this title and the
applicant's ability to address core indicators of performance
and additional indicators of performance under this title and
under other Federal or State programs in the case of an
applicant that has not previously received a grant under this
title.
``(5) The applicant's ability to move individuals with
multiple barriers to employment, including individuals
described in subsection (a)(3)(B)(ii) or (b)(2) of section
518, into unsubsidized employment.
``(6) The applicant's ability to coordinate activities with
other organizations at the State and local level.
``(7) The applicant's plan for fiscal management of the
project to be administered with funds received in accordance
with this section.
``(8) The applicant's ability to administer a project that
provides community service.
``(9) The applicant's ability to minimize disruption in
services for participants and in community services provided.
``(10) Any additional criteria that the Secretary considers
to be appropriate in order to minimize disruption in services
for participants.
``(d) Responsibility Tests.--
``(1) In general.--Before final selection of a grantee, the
Secretary shall conduct a review of available records to
assess the applicant's overall responsibility to administer
Federal funds.
``(2) Review.--As part of the review described in paragraph
(1), the Secretary may consider any information, including
the applicant's history with regard to the management of
other grants.
``(3) Failure to satisfy test.--The failure to satisfy a
responsibility test with respect to any 1 factor that is
listed in paragraph (4), excluding those listed in
subparagraphs (A) and (B) of such paragraph, does not
establish that the applicant is not responsible unless such
failure is substantial or persists for 2 or more consecutive
years.
``(4) Test.--The responsibility tests include review of the
following factors:
``(A) Unsuccessful efforts by the applicant to recover
debts, after 3 demand letters have been sent, that are
established by final agency action, or a failure to comply
with an approved repayment plan.
``(B) Established fraud or criminal activity of a
significant nature within the organization or agency
involved.
``(C) Serious administrative deficiencies identified by the
Secretary, such as failure to maintain a financial management
system as required by Federal rules or regulations.
``(D) Willful obstruction of the audit process.
``(E) Failure to provide services to participants for a
current or recent grant or to meet applicable core measures
of performance or address applicable indicators of
performance.
``(F) Failure to correct deficiencies brought to the
grantee's attention in writing as a result of monitoring
activities, reviews, assessments, or other activities.
``(G) Failure to return a grant closeout package or
outstanding advances within 90 days of the grant expiration
date or receipt of the closeout package, whichever is later,
unless an extension has been requested and granted.
``(H) Failure to submit required reports.
``(I) Failure to properly report and dispose of Government
property as instructed by the Secretary.
``(J) Failure to have maintained effective cash management
or cost controls resulting in excess cash on hand.
``(K) Failure to ensure that a subrecipient complies with
its Office of Management and Budget Circular A-133 audit
requirements specified at section 667.200(b) of title 20,
Code of Federal Regulations.
``(L) Failure to audit a subrecipient within the required
period.
``(M) Final disallowed costs in excess of 5 percent of the
grant or contract award if, in the judgment of the grant
officer, the disallowances are egregious.
``(N) Failure to establish a mechanism to resolve a
subrecipient's audit in a timely fashion.
``(5) Determination.--Applicants that are determined to be
not responsible shall not be selected as grantees.
``(6) Disallowed costs.--Interest on disallowed costs shall
accrue in accordance with the Debt Collection Improvement Act
of 1996, including the amendments made by that Act.
``(e) Grantees Serving Individuals With Barriers to
Employment.--
``(1) Definition.--In this subsection, the term
`individuals with barriers to employment' means minority
individuals, Indian individuals, individuals with greatest
economic need, and individuals described in subsection
(a)(3)(B)(ii) or (b)(2) of section 518.
``(2) Special consideration.--In areas where a substantial
population of individuals with barriers to employment exists,
a grantee that receives a national grant in accordance with
this section shall, in selecting subgrantees, give special
consideration to organizations (including former recipients
of such national grants) with demonstrated expertise in
serving individuals with barriers to employment.
``(f) Minority-Serving Grantees.--The Secretary may not
promulgate rules or regulations affecting grantees in areas
where a substantial population of minority individuals
exists, that would significantly compromise the ability of
the grantees to serve their targeted population of minority
older individuals.
``SEC. 515. REPORT ON SERVICE TO MINORITY INDIVIDUALS.
``(a) In General.--The Secretary shall annually prepare a
report on the levels of participation and performance
outcomes of minority individuals served by the program
carried out under this title.
``(b) Contents.--
``(1) Organization and data.--Such report shall present
information on the levels of participation and the outcomes
achieved by such minority individuals with respect to each
grantee under this title, by service area, and in the
aggregate, beginning with data that applies to program year
2005.
``(2) Efforts.--The report shall also include a description
of each grantee's efforts to serve minority individuals,
based on information submitted to the Secretary by each
grantee at such time and in such manner as the Secretary
determines to be appropriate.
``(3) Related matters.--The report shall also include--
``(A) an assessment of individual grantees based on the
criteria established under subsection (c);
``(B) an analysis of whether any changes in grantees have
affected participation rates of such minority individuals;
``(C) information on factors affecting participation rates
among such minority individuals; and
``(D) recommendations for increasing participation of
minority individuals in the program.
``(c) Criteria.--The Secretary shall establish criteria for
determining the effectiveness of grantees in serving minority
individuals in accordance with the goals set forth in section
502(a)(1).
``(d) Submission.--The Secretary shall annually submit such
a report to the appropriate committees of Congress.
``SEC. 516. SENSE OF CONGRESS.
``It is the sense of Congress that--
``(1) the older American community service employment
program described in this title was established with the
intent of placing older individuals in community service
positions and providing job training; and
``(2) placing older individuals in community service
positions strengthens the ability of the individuals to
become self-sufficient, provides much-needed support to
organizations that benefit from increased civic engagement,
and strengthens the communities that are served by such
organizations.
``SEC. 517. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated
to carry out this title such sums as may be necessary for
fiscal years 2007, 2008, 2009, 2010, and 2011.
``(b) Obligation.--Amounts appropriated under this section
for any fiscal year shall be available for obligation during
the annual period that begins on July 1 of the calendar year
immediately following the beginning of such fiscal year and
that ends on June 30 of the following calendar year. The
Secretary may extend the period during which such amounts may
be obligated or expended in the case of a particular
organization or agency that receives funds under this title
if the Secretary determines that such extension is necessary
to ensure the effective use of such funds by such
organization or agency.
``(c) Recapturing Funds.--At the end of the program year,
the Secretary may recapture any unexpended funds for the
program year, and reobligate such funds within the 2
succeeding program years for--
``(1) incentive grants to entities that are State grantees
or national grantees under section 502(b);
``(2) technical assistance; or
``(3) grants or contracts for any other activity under this
title.
``SEC. 518. DEFINITIONS AND RULE.
``(a) Definitions.--For purposes of this title:
``(1) Community service.--The term `community service'
means--
``(A) social, health, welfare, and educational services
(including literacy tutoring), legal and other counseling
services and assistance, including tax counseling and
assistance and financial counseling, and library,
recreational, and other similar services;
``(B) conservation, maintenance, or restoration of natural
resources;
``(C) community betterment or beautification;
``(D) antipollution and environmental quality efforts;
``(E) weatherization activities;
[[Page H7765]]
``(F) economic development; and
``(G) such other services essential and necessary to the
community as the Secretary determines by rule to be
appropriate.
``(2) Community service employment.--The term `community
service employment' means part-time, temporary employment
paid with grant funds in projects described in section
502(b)(1)(D), through which eligible individuals are engaged
in community service and receive work experience and job
skills that can lead to unsubsidized employment.
``(3) Eligible individual.--
``(A) In general.--The term `eligible individual' means an
individual who is age 55 or older and who has a low income
(including any such individual whose income is not more than
125 percent of the poverty line), excluding any income that
is unemployment compensation, a benefit received under title
XVI of the Social Security Act (42 U.S.C. 1381 et seq.), a
payment made to or on behalf of veterans or former members of
the Armed Forces under the laws administered by the Secretary
of Veterans Affairs, or 25 percent of a benefit received
under title II of the Social Security Act (42 U.S.C. 401 et
seq.), subject to subsection (b).
``(B) Participation.--
``(i) Exclusion.--Notwithstanding any other provision of
this paragraph, the term `eligible individual' does not
include an individual who has participated in projects under
this title for a period of 48 months in the aggregate
(whether or not consecutive) after July 1, 2007 unless the
period was increased as described in clause (ii).
``(ii) Increased periods of participation.--The Secretary
shall authorize a grantee for a project to increase the
period of participation described in clause (i), pursuant to
a request submitted by the grantee, for individuals who--
``(I) have a severe disability;
``(II) are frail or are age 75 or older;
``(III) meet the eligibility requirements related to age
for, but do not receive, benefits under title II of the
Social Security Act (42 U.S.C. 401 et seq.);
``(IV) live in an area with persistent unemployment and are
individuals with severely limited employment prospects; or
``(V) have limited English proficiency or low literacy
skills.
``(4) Income.--In this section, the term `income' means
income received during the 12-month period (or, at the option
of the grantee involved, the annualized income for the 6-
month period) ending on the date an eligible individual
submits an application to participate in a project carried
out under this title by such grantee.
``(5) Pacific island and asian americans.--The term
`Pacific Island and Asian Americans' means Americans having
origins in any of the original peoples of the Far East,
Southeast Asia, the Indian Subcontinent, or the Pacific
Islands.
``(6) Program.--The term `program' means the older American
community service employment program established under this
title.
``(7) Supportive services.--The term `supportive services'
means services, such as transportation, child care, dependent
care, housing, and needs-related payments, that are necessary
to enable an individual to participate in activities
authorized under this title, consistent with the provisions
of this title.
``(8) Unemployed.--The term `unemployed', used with respect
to a person or individual, means an individual who is without
a job and who wants and is available for work, including an
individual who may have occasional employment that does not
result in a constant source of income.
``(b) Rule.--Pursuant to regulations prescribed by the
Secretary, an eligible individual shall have priority for the
community service employment and other authorized activities
provided under this title if the individual--
``(1) is 65 years of age or older; or
``(2)(A) has a disability;
``(B) has limited English proficiency or low literacy
skills;
``(C) resides in a rural area;
``(D) is a veteran;
``(E) has low employment prospects;
``(F) has failed to find employment after utilizing
services provided under title I of the Workforce Investment
Act of 1998 (29 U.S.C. 2801 et seq.); or
``(G) is homeless or at risk for homelessness.''.
SEC. 502. EFFECTIVE DATE.
(a) In General.--Title V of the Older Americans Act of 1965
(as amended by section 501) takes effect July 1, 2007.
(b) Regulations and Expected Levels of Performance.--
(1) Regulations.--Effective on the date of enactment of
this Act, the Secretary of Labor may issue rules and
regulations authorized in such title V.
(2) Expected levels of performance.--Prior to July 1, 2007,
the Secretary of Labor may carry out the activities
authorized in section 513(a)(2) of the Older Americans Act of
1965 (as so amended), in preparation for program year 2007.
TITLE VI--NATIVE AMERICANS
SEC. 601. CLARIFICATION OF MAINTENANCE REQUIREMENT.
(a) In General.--Section 614A of the Older Americans Act of
1965 (42 U.S.C. 3057e-1) is amended by adding at the end the
following:
``(c) Clarification.--
``(1) Definition.--In this subsection, the term `covered
year' means fiscal year 2006 or a subsequent fiscal year.
``(2) Consortia of tribal organizations.--If a tribal
organization received a grant under this part for fiscal year
1991 as part of a consortium, the Assistant Secretary shall
consider the tribal organization to have received a grant
under this part for fiscal year 1991 for purposes of
subsections (a) and (b), and shall apply the provisions of
subsections (a) and (b)(1) (under the conditions described in
subsection (b)) to the tribal organization for each covered
year for which the tribal organization submits an application
under this part, even if the tribal organization submits--
``(A) a separate application from the remaining members of
the consortium; or
``(B) an application as 1 of the remaining members of the
consortium.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to grants awarded under part A of title VI of the
Older Americans Act of 1965 (42 U.S.C. 3057b et seq.) during
the grant period beginning April 1, 2008, and all subsequent
grant periods.
SEC. 602. NATIVE AMERICANS CAREGIVER SUPPORT PROGRAM.
Section 643 of the Older Americans Act of 1965 (42 U.S.C.
3057n) is amended--
(1) in paragraph (1), by striking ``2001'' and inserting
``2007''; and
(2) in paragraph (2), by striking ``$5,000,000'' and all
that follows through the period at the end and inserting
``$6,500,000 for fiscal year 2007, $6,800,000 for fiscal year
2008, $7,200,000 for fiscal year 2009, $7,500,000 for fiscal
year 2010, and $7,900,000 for fiscal year 2011.''.
TITLE VII--ALLOTMENTS FOR VULNERABLE ELDER RIGHTS PROTECTION ACTIVITIES
SEC. 701. VULNERABLE ELDER RIGHTS PROTECTION ACTIVITIES.
Section 702 of the Older Americans Act of 1965 (42 U.S.C.
3058a) is amended by striking ``2001'' each place it appears
and inserting ``2007''.
SEC. 702. ELDER ABUSE, NEGLECT, AND EXPLOITATION.
Section 721 of the Older Americans Act of 1965 (42 U.S.C.
3058i) is amended--
(1) in subsection (a), by striking ``programs for the
prevention of'' and inserting ``programs to address'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking
``programs for'' and all that follows through ``including--''
and inserting the following: ``programs for the prevention,
detection, assessment, and treatment of, intervention in,
investigation of, and response to elder abuse, neglect, and
exploitation (including financial exploitation), including--
'';
(B) by redesignating paragraphs (2) through (8) as
paragraphs (3) through (9), respectively;
(C) by inserting after paragraph (1) the following:
``(2) providing for public education and outreach to
promote financial literacy and prevent identity theft and
financial exploitation of older individuals;'';
(D) in paragraph (8), as redesignated by subparagraph (B),
by striking ``and'' at the end;
(E) in paragraph (9), as redesignated by subparagraph (B),
by striking the period and inserting a semicolon; and
(F) by adding at the end the following:
``(10) examining various types of shelters serving older
individuals (in this paragraph referred to as `safe havens'),
and testing various safe haven models for establishing safe
havens (at home or elsewhere), that recognize autonomy and
self-determination, and fully protect the due process rights
of older individuals;
``(11) supporting multidisciplinary elder justice
activities, such as--
``(A) supporting and studying team approaches for bringing
a coordinated multidisciplinary or interdisciplinary response
to elder abuse, neglect, and exploitation, including a
response from individuals in social service, health care,
public safety, and legal disciplines;
``(B) establishing a State coordinating council, which
shall identify the individual State's needs and provide the
Assistant Secretary with information and recommendations
relating to efforts by the State to combat elder abuse,
neglect, and exploitation;
``(C) providing training, technical assistance, and other
methods of support to groups carrying out multidisciplinary
efforts at the State (referred to in some States as `State
Working Groups');
``(D) broadening and studying various models for elder
fatality and serious injury review teams, to make
recommendations about their composition, protocols,
functions, timing, roles, and responsibilities, with a goal
of producing models and information that will allow for
replication based on the needs of States and communities
(other than the ones in which the review teams were used);
and
``(E) developing best practices, for use in long-term care
facilities, that reduce the risk of elder abuse for
residents, including the risk of resident-to-resident abuse;
and
``(12) addressing underserved populations of older
individuals, such as--
``(A) older individuals living in rural locations;
[[Page H7766]]
``(B) older individuals in minority populations; or
``(C) low-income older individuals.'';
(3) in subsection (e)(2)--
(A) by striking ``subsection (b)(8)(B)(i)'' and inserting
``subsection (b)(9)(B)(i)''; and
(B) by striking ``subsection (b)(8)(B)(ii)'' and inserting
``subsection (b)(9)(B)(ii)''; and
(4) by adding at the end of the section the following:
``(h) Accountability Measures.--The Assistant Secretary
shall develop accountability measures to ensure the
effectiveness of the activities carried out under this
section.
``(i) Evaluating Programs.--The Assistant Secretary shall
evaluate the activities carried out under this section, using
funds made available under section 206(g).
``(j) Compliance With Applicable Laws.--In order to receive
funds made available to carry out this section, an entity
shall comply with all applicable laws, regulations, and
guidelines.''.
SEC. 703. NATIVE AMERICAN ORGANIZATION PROVISIONS.
Section 751 of the Older Americans Act of 1965 (42 U.S.C.
3058aa) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``and'' at the end;
(B) in paragraph (2), by striking the period and inserting
``; and''; and
(C) by adding at the end the following:
``(3) enabling the eligible entities to support
multidisciplinary elder justice activities, such as--
``(A) establishing a coordinating council, which shall
identify the needs of an individual Indian tribe or other
Native American group and provide the Assistant Secretary
with information and recommendations relating to efforts by
the Indian tribe or the governing entity of the Native
American group to combat elder abuse, neglect, and
exploitation;
``(B) providing training, technical assistance, and other
methods of support to groups carrying out multidisciplinary
efforts for an Indian tribe or other Native American group;
and
``(C) broadening and studying various models for elder
fatality and serious injury review teams, to make
recommendations about their composition, protocols,
functions, timing, roles, and responsibilities, with a goal
of producing models and information that will allow for
replication based on the needs of Indian tribes and other
Native American groups (other than the ones in which the
review teams were used).'';
(2) in subsection (b), by striking ``this subtitle'' and
inserting ``this section''; and
(3) in subsection (d)--
(A) by striking ``this section'' and inserting ``this
subtitle''; and
(B) by striking ``2001'' and inserting ``2007''.
SEC. 704. ELDER JUSTICE PROGRAMS.
Subtitle B of title VII of the Older Americans Act of 1965
(42 U.S.C. 3058aa) is amended--
(1) by striking the subtitle heading and inserting the
following:
``Subtitle B--Native American Organization and Elder Justice
Provisions'';
and
(2) by inserting after section 751 the following:
``SEC. 752. GRANTS TO PROMOTE COMPREHENSIVE STATE ELDER
JUSTICE SYSTEMS.
``(a) Purpose and Authority.--For each fiscal year, the
Assistant Secretary may make grants to States, on a
competitive basis, in accordance with this section, to
promote the development and implementation, within each such
State, of a comprehensive elder justice system, as defined in
subsection (b).
``(b) Comprehensive Elder Justice System Defined.--In this
section, the term `comprehensive elder justice system' means
an integrated, multidisciplinary, and collaborative system
for preventing, detecting, and addressing elder abuse,
neglect, and exploitation in a manner that--
``(1) provides for widespread, convenient public access to
the range of available elder justice information, programs,
and services;
``(2) coordinates the efforts of public health, social
service, and law enforcement authorities, as well as other
appropriate public and private entities, to identify and
diminish duplication and gaps in the system;
``(3) provides a uniform method for the standardization,
collection, management, analysis, and reporting of data; and
``(4) provides such other elements as the Assistant
Secretary determines appropriate.
``(c) Applications.--To be eligible to receive a grant
under this section for a fiscal year, a State shall submit an
application to the Assistant Secretary, at such time, in such
manner, and containing such information and assurances as the
Assistant Secretary determines appropriate.
``(d) Amount of Grants.--The amount of a grant to a State
with an application approved under this section for a fiscal
year shall be such amount as the Assistant Secretary
determines appropriate.
``(e) Use of Funds.--
``(1) In general.--A State that receives a grant under this
section shall use funds made available through such grant to
promote the development and implementation of a comprehensive
elder justice system by--
``(A) establishing formal working relationships among
public and private providers of elder justice programs,
service providers, and stakeholders in order to create a
unified elder justice network across such State to coordinate
programmatic efforts;
``(B) facilitating and supporting the development of a
management information system and standard data elements;
``(C) providing for appropriate education (including
educating the public about the range of available elder
justice information, programs, and services), training, and
technical assistance; and
``(D) taking such other steps as the Assistant Secretary
determines appropriate.
``(2) Maintenance of effort.--Funds made available to
States pursuant to this section shall be used to supplement
and not supplant other Federal, State, and local funds
expended to support activities described in paragraph (1).''.
SEC. 705. RULE OF CONSTRUCTION.
Subtitle C of title VII of the Older Americans Act of 1965
(42 U.S.C. 3058bb et seq.) is amended by adding at the end
the following:
``SEC. 765. RULE OF CONSTRUCTION.
``Nothing in this title shall be construed to interfere
with or abridge the right of an older individual to practice
the individual's religion through reliance on prayer alone
for healing, in a case in which a decision to so practice the
religion--
``(1) is contemporaneously expressed by the older
individual--
``(A) either orally or in writing;
``(B) with respect to a specific illness or injury that the
older individual has at the time of the decision; and
``(C) when the older individual is competent to make the
decision;
``(2) is set forth prior to the occurrence of the illness
or injury in a living will, health care proxy, or other
advance directive document that is validly executed and
applied under State law; or
``(3) may be unambiguously deduced from the older
individual's life history.''.
TITLE VIII--FEDERAL YOUTH DEVELOPMENT COUNCIL
SEC. 801. SHORT TITLE.
This title may be cited as the ``Tom Osborne Federal Youth
Coordination Act''.
SEC. 802. ESTABLISHMENT AND MEMBERSHIP.
(a) Establishment.--There is established the Federal Youth
Development Council (in this title referred to as the
``Council'').
(b) Members and Terms.--
(1) Federal employee members.--The members of the Council
shall include the Attorney General, the Secretary of
Agriculture, the Secretary of Labor, the Secretary of Health
and Human Services, the Secretary of Housing and Urban
Development, the Secretary of Education, the Secretary of the
Interior, the Secretary of Commerce, the Secretary of
Defense, the Director of National Drug Control Policy, and
the Chief Executive Officer of the Corporation for National
and Community Service, or a designee of each such individual
who holds significant decision-making authority, and other
Federal officials as directed by the President.
(2) Additional members.--
(A) In general.--The members of the Council shall include
any additional members as the President shall appoint from
among representatives of community-based organizations,
including faith-based organizations, child and youth focused
foundations, institutions of higher education, non-profit
organizations, youth service providers, State and local
government, and youth in disadvantaged situations.
(B) Consultation.--In making the appointments under this
paragraph, the President, as determined appropriate by the
President, shall consult with--
(i) the Speaker of the House of Representatives, who shall
take into account the recommendations of the majority leader
and the minority leader of the House of Representatives; and
(ii) the president pro tempore of the Senate, who shall
take into account the recommendations of the majority leader
and the minority leader of the Senate.
(3) Length of term.--Each member of the Council shall serve
for the life of the Council.
(c) Compensation and Travel Expenses.--
(1) No compensation for service on council.--Each member of
the Council appointed under section 802 who is not an officer
or employee of the United States shall not receive pay by
reason of the member's service on the Council, and shall not
be considered an employee of the Federal Government by reason
of such service. Each member of the Council who is an officer
or employee of the United States shall serve without
compensation in addition to that received for the member's
service as an officer or employee of the United States.
(2) Travel and transportation expenses.--Each member of the
Council may be allowed travel or transportation expenses in
accordance with section 5703 of title 5, United States Code,
while away from the member's home or regular place of
business in the performance of services for the Council.
(d) Chairperson.--The Chairperson of the Council shall be
the Secretary of Health and Human Services.
(e) Meetings.--The Council shall meet at the call of the
Chairperson, not less frequently than 4 times each year. The
first meeting shall be not less than 4 months after the date
of enactment of this Act.
SEC. 803. DUTIES OF THE COUNCIL.
(a) In General.--The duties of the Council shall be to
provide advice and recommendations, including--
[[Page H7767]]
(1) ensuring communication among agencies administering
programs designed to serve youth, especially those in
disadvantaged situations;
(2) assessing the needs of youth, especially those in
disadvantaged situations, and those who work with youth, and
the quantity and quality of Federal programs offering
services, supports, and opportunities to help youth in their
educational, social, emotional, physical, vocational, and
civic development, in coordination with the Federal
Interagency Forum on Child and Family Statistics;
(3) recommending quantifiable goals and objectives for such
programs;
(4) making recommendations for the allocation of resources
in support of such goals and objectives;
(5) identifying possible areas of overlap or duplication in
the purpose and operation of programs serving youth and
recommending ways to better facilitate the coordination and
consultation among, and improve the efficiency and
effectiveness of, such programs;
(6) identifying target populations of youth who are
disproportionately at risk and assisting agencies in focusing
additional resources on such youth;
(7) developing a plan, including common indicators of youth
well-being that are consistent with the indicators tracked by
the Federal Interagency Forum on Child and Family Statistics,
and assisting Federal agencies, at the request of 1 or more
such agencies, in coordinating to achieve the goals and
objectives described in paragraph (3);
(8) assisting Federal agencies, at the request of 1 or more
such agencies, in collaborating on--
(A) model programs and demonstration projects focusing on
special populations, including youth in foster care and
migrant youth;
(B) projects to promote parental involvement; and
(C) projects that work to involve young people in service
programs;
(9) soliciting and documenting ongoing input and
recommendations from--
(A) youth, especially youth in disadvantaged situations;
(B) national youth development experts, researchers,
parents, community-based organizations, including faith-based
organizations, foundations, business leaders, youth service
providers, and teachers; and
(C) State and local government agencies, particularly
agencies serving children and youth; and
(10) working with Federal agencies--
(A) to promote high-quality research and evaluation,
identify and replicate model programs and promising
practices, and provide technical assistance relating to the
needs of youth; and
(B) to coordinate the collection and dissemination of youth
services-related data and research.
(b) Technical Assistance.--The Council may provide
technical assistance to a State at the request of a State to
support a State-funded council for coordinating State youth
efforts.
SEC. 804. COORDINATION WITH EXISTING INTERAGENCY COORDINATION
ENTITIES.
In carrying out the duties described in section 803, the
Council shall coordinate the efforts of the Council with
other Federal, State, and local coordinating entities in
order to complement and not duplicate efforts, including the
following:
(1) Coordinating with the Federal Interagency Forum on
Child and Family Statistics, established under Executive
Order 13045 (42 U.S.C. 4321 note; relating to protection of
children from environmental health risks and safety risks),
on matters pertaining to data collection.
(2) Coordinating with the United States Interagency Council
on Homelessness, established under section 201 of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11311), on
matters pertaining to homelessness.
(3) Coordinating with the Coordinating Council on Juvenile
Justice and Delinquency Prevention, established under section
206 of the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5616), on matters pertaining to programs for
at-risk youth.
SEC. 805. ASSISTANCE OF STAFF.
(a) Designation of Individual.--The Chairperson is
authorized to designate an individual to have responsibility
for assisting in carrying out the duties of the Council under
this title.
(b) Staff of Federal Agencies.--Upon request of the
Council, the head of any Federal department or agency may
detail, on a reimbursable or nonreimbursable basis, any of
the personnel of the department or agency to the Council to
assist in carrying out the Council's duties under this title.
SEC. 806. POWERS OF THE COUNCIL.
(a) Mails.--The Council may use the United States mails in
the same manner and under the same conditions as other
departments and agencies of the United States.
(b) Administrative Support Services.--Upon the request of
the Council, the Administrator of General Services shall
provide to the Council, on a reimbursable basis, the
administrative support services necessary for the Council to
carry out its responsibilities under this title.
SEC. 807. REPORT.
(a) Interim Report.--Not later than 1 year after the first
meeting of the Council, the Council shall transmit to the
relevant committees of Congress an interim report of the
findings of the Council.
(b) Final Report.--Not later than 2 years after the first
meeting of the Council, the Council shall transmit to the
relevant committees of Congress a final report of the
Council's findings and recommendations, which report shall--
(1) include a comprehensive list of recent research and
statistical reporting by various Federal agencies on the
overall well-being of youth;
(2) include the assessment of the needs of youth and those
who serve youth;
(3) include a summary of the plan described in section
803(a)(7);
(4) recommend ways to coordinate and improve Federal
training and technical assistance, information sharing, and
communication among the various Federal programs and agencies
serving youth, as the Chairperson determines appropriate;
(5) include recommendations to better integrate and
coordinate policies across agencies at the Federal, State,
and local levels, including any recommendations the
Chairperson determines appropriate, if any, for legislation
and administrative actions;
(6) include a summary of actions the Council has taken at
the request of Federal agencies to facilitate collaboration
and coordination on youth serving programs and the results of
those collaborations, if available;
(7) include a summary of the action the Council has taken
at the request of States to provide technical assistance
under section 803(b), if applicable; and
(8) include a summary of the input and recommendations from
the groups identified in section 803(a)(9).
SEC. 808. TERMINATION.
The Council shall terminate 60 days after transmitting the
final report under section 807(b).
SEC. 809. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this
title $1,000,000 for each of the fiscal years 2007 and 2008.
TITLE IX--CONFORMING AMENDMENTS
SEC. 901. CONFORMING AMENDMENTS TO OTHER ACTS.
(a) Older Americans Act Amendments of 1987.--Section 205(1)
of the Older Americans Act Amendments of 1987 (42 U.S.C. 3001
note) is amended by striking ``section 102(17) of the Older
Americans Act of 1965 (42 U.S.C. 3002(17))'' and inserting
``section 102 of the Older Americans Act of 1965 (42 U.S.C.
3002)''.
(b) Energy Conservation and Production Act.--Section 412(6)
of the Energy Conservation and Production Act (42 U.S.C.
6862(6)) is amended by striking ``paragraphs (4), (5), and
(6), respectively, of section 102'' and inserting ``section
102''.
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.
Mr. McKEON. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in strong support of H.R. 6197, the Older
Americans Act Amendments of 2006, and I ask my colleagues to join me in
supporting this important reauthorization. More than 49 million
Americans and counting are over the age of 60. It is the fastest
growing segment of our population. In fact, by the year 2050, that
number will reach nearly 90 million and comprise almost a quarter of
our population.
Therefore, supporting the needs of seniors is as important as ever,
and to do that we must ensure the long-term stability of programs on
which they depend. The House-Senate agreement to reauthorize the Older
Americans Act has been struck with these priorities in mind, and I
commend my committee colleagues, subcommittee chairman Mr. Tiberi,
Ranking Member Mr. Hinojosa, and Mr. Miller, the ranking member of the
full committee, for joining me in forging this agreement in a
remarkably bipartisan way. On the other side of the Capitol, Senators
Enzi and DeWine were instrumental in crafting this legislation as well.
I have been here long enough to remember past reauthorizations of the
Older Americans Act, and, trust me, there was nothing remarkable or
bipartisan about them. In a year when opportunities to reach across
party lines are at a premium, this process has been refreshing.
Initially established in 1965, the Older Americans Act is no longer
the 1960s-era social program it once was. Rather, it has been
transformed into the first stop for seniors to identify home- and
community-based long-term care options as well as other supportive
services that could help prevent or delay expensive institutional care
and generate significant savings in Federal entitlement programs. And
H.R. 6197 builds on that progress.
Specifically, the bipartisan reauthorization will promote consumer
choice as well as home- and community-based
[[Page H7768]]
supports to help older individuals avoid institutional care; strengthen
health and nutrition programs while ensuring no State loses a dime as
they operate these programs; improves educational and volunteer
services; encourages wealthier seniors to pay for many of their program
benefits, maximizing the taxpayer investment for low-income seniors;
increases the Federal, State, and local coordination; and reforms
employment-based training for older Americans.
Within these employment-based training programs, to reflect the
changing nature of the Older Americans Act and our senior population, I
am also pleased this House-Senate agreement requires Federal grant
competitions and encourages grantees to establish partnerships with
private-sector businesses. These partnerships will help provide
participants on-the-job training and aid individuals in achieving their
goal of attaining unsubsidized employment.
At the same time, the agreement does not lose sight of the valuable
community service aspect of the program and requires at least half of
all subsidized employment-based training to provide a community
service.
I would also like to commend my committee colleague, Mr. Osborne, for
his work on this legislation, the Federal Youth Coordination Act, that
we have been able to incorporate into this agreement. Over the last
four decades, there has been a growing Federal involvement and a rapid
growth in funds aimed to address numerous problems of youth, from
substance abuse and violence to teen pregnancy and hunger. Mr. Osborne
has taken the lead in the effort to evaluate, coordinate, and improve
these programs. Under his legislation, the Federal Youth Development
Council will be charged with doing just that.
At a time when so many in Washington feel the need to establish new
program after new program, I appreciate this effort to take a step back
and review what is already out there before we add even more layers of
bureaucracy.
Mr. Speaker, as I did in June, when the House passed its initial
version of this Older Americans Act reauthorization, I close by
thanking all Americans who work or volunteer to support our country's
senior citizens. This strong and vital network is made possible because
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 House-Senate agreement is designed to support them, and I
believe it is a positive reflection of their good work. And with that,
I urge my colleagues to join me in supporting this measure.
Mr. Speaker, I reserve the balance of my time.
Mr. HINOJOSA. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in strong support of H.R. 6197, the Older
Americans Act Amendments of 2006. This bipartisan, bicameral
legislation addresses one of the top priorities of the aging community,
as articulated in last December's White House Conference on Aging: the
reauthorization of the Older Americans Act.
I would like to commend the staff on both sides of the aisle and both
sides of the Capitol for their diligent work to get this bill ready for
our consideration. It took a great deal of patience and perseverance. I
would especially like to commend the efforts of Kate Houston on the
majority side for all of her hard work and service to this committee.
On this side of the aisle, I would especially like to thank Ricardo
Martinez for his work in keeping the process moving forward.
Aging is a fact of life. However, through the establishment of Social
Security, Medicare, and the enactment of the Older Americans Act,
living in poverty no longer is a fact of aging. From 1959 to 2002, the
percentage of older people living in poverty fell from 35 percent down
to 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
preventive 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 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 and
reaffirms the dual purpose of the program's employment and community
service. It provides for greater flexibility to provide additional
training to hard-to-serve populations to improve their employment
outcomes.
It strengthens the very successful family caregivers program. It
provides greater choices in 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 is 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.
This legislation has the support of the aging community. More than
anything else, they are asking us to complete this work before we leave
town in the next few days. Today, we move one step closer to this goal.
It is my hope that once we send this legislation to the President for
his signature, we will not relegate the Older Americans Act to the back
burner. I hope that our resources will match our rhetoric and the
policy goals laid out in this legislation.
As we have worked in a bipartisan manner to craft a reauthorization
bill, I hope that as we move forward with the appropriations process,
when we return after the elections, we will remember that the Older
Americans Act programs are cost effective. 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. Mr. Speaker, that is
the genius of the Older Americans Act. It is incumbent upon all of us
to step up and invest in these programs.
It has been a pleasure working with my friend and colleague, the
chairman of our Select Education Committee, Pat Tiberi from Ohio. He is
fair and listens and is willing to find a way to make things work, as
we found in this legislation. I urge all my colleagues to support this
legislation. It is something we can be proud of.
Mr. Speaker, I reserve the balance of my time.
Mr. McKEON. Mr. Speaker, I yield 3 minutes to the gentleman from Ohio
(Mr. Tiberi), the subcommittee chairman.
Mr. TIBERI. Mr. Speaker, I want to thank Chairman McKeon and Mr.
Hinojosa for all the work they both have done to make this an even
better product today. Your leadership has been crucial to this process.
I am proud, Mr. Speaker, of the bipartisan and bicameral process from
both sides of the Capitol in coming up with a piece of legislation
during this time of year that can be supported by the majority of both
parties and a majority here in the United States House of
Representatives.
This has been a product of many months of hard work to reauthorize
the Older Americans Act, and the chairman and the ranking member of the
subcommittee overviewed the legislation quite well, so I will not
repeat what they said. But we heard from national, State, and local
stakeholders, we heard from constituents and seniors themselves, and
today we have a product that the vast aging network in America can be
proud of as this reauthorization passes this House today.
[[Page H7769]]
This process has been an open and bipartisan process from the
beginning, and this piece of legislation is better for that. I want to
thank Mr. Hinojosa for being a devoted partner in this process. His
friendship and hard work and that of his staff have been much
appreciated by myself and my team.
I also want to acknowledge the great work of Kate Houston, Stephanie
Milburn, Rich Stombres, and a staff member of mine who is now in law
school, Angela Kelmack, for her hard work as well. I appreciate all the
hard work of all of our members who have contributed to this process,
the members of the committee and the cosponsors.
Again, this is a proud day for older Americans. On to the Senate,
after we urge our colleagues to pass this bill on the House floor
today.
Mr. HINOJOSA. Mr. Speaker, I wish to yield 4 minutes to the gentleman
from Illinois (Mr. Davis), who serves on the Education Committee and
the Government Reform Committee and is a valued and very important
member of our committee.
{time} 1645
Mr. DAVIS of Illinois. Mr. Speaker, I want to thank the gentleman
from Texas for yielding. I also want to commend Chairman McKeon and
Ranking Member Miller for the tremendous display of bipartisanship
which brought this legislation to the floor. I also want to
congratulate Chairman Tiberi and Ranking Member Hinojosa for the
tremendous work they were able to do in subcommittee and all of the
processing that actually took place.
Mr. Speaker, I rise in strong support of H.R. 6197, the Older
Americans Act. I was very pleased to see the interests that I expressed
included in the final outcome of the legislation. We were able to see
kinship caregivers have an opportunity to participate at an earlier
age, reduced from 60 to 55. We were also able to work with Mr. Ehlers
and make sure that there was serious consideration given to the mental
health needs of seniors.
It is obviously a very good piece of legislation, and it is a good
note for us to be preparing to leave on, because it means that we have
looked after the interests of those in our society reaching their
golden years. I have been told that you can measure the greatness of a
society by how well it takes care of its young, how well it takes care
of its old, and how well it takes care of those who have difficulty
looking after themselves. This legislation does indeed look after the
older members of our society.
I thank again the Education Committee for an outstanding job, and I
want to thank my staff person who worked with the committee, Dr. Jill
Hunter-Williams, to make sure our interests were totally displayed. It
has been a pleasure to see the process.
Mr. McKEON. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I mentioned earlier in my comments that added to the
Older Americans Act we have included a bill that is sponsored by our
colleague here, Mr. Osborne. I failed to mention that this committee
that this legislation establishes, the Federal Youth Coordination Act,
establishes a Youth Coordinating Council. This council that this
legislation sets up will be named the Tom Osborne Coordinating Council.
Mr. Osborne will be leaving the committee and the Congress at the end
of this session. We will miss him greatly.
Mr. Speaker, I am happy to yield 5 minutes to the gentleman from
Nebraska (Mr. Osborne).
Mr. OSBORNE. Thank you, Mr. Chairman, for those kind words, and thank
you so much for your assistance in this matter. I would like to also
thank Subcommittee Chairman Tiberi and Mr. Hinojosa for their work.
I would like to particularly address title VIII of the Older
Americans Act, entitled ``The Federal Youth Coordination Act,'' which
has been referred to previously. I, along with Pete Hoekstra, Mr. Payne
and Mr. Ford, introduced the Federal Youth Coordination Act at the
request of many organizations such as America's Promise, American Youth
Policy Forum, Campfire USA, Learn and Serve America, Volunteers of
America, Big Brothers and Big Sisters, and the Child Welfare League of
America.
These groups were united in feeling that something needed to be done
concerning the large number of youth-serving programs in the Federal
Government. So these groups believe that young people could be better
served if Federal youth-serving programs were coordinated, better
targeted and streamlined; and we really appreciated their help.
The Federal Youth Coordination Act establishes a council chaired by
the Secretary of Health and Human Services composed of representatives
of youth-serving agencies within the Federal Government. These 150-odd
youth serving programs are spread over 12 agencies, so as you might
suppose, they have kind of grown like Topsy. Sometimes they duplicate.
Sometimes they are not very efficient; sometimes they are. So this
council simply tries to coordinate these different programs.
The purpose is, number one, to eliminate duplication and waste, which
sometimes we have in government.
Second is to ensure that each program has measurable, quantifiable
goals. When appropriators or other people evaluate a program, how do
they know it is accomplishing what it was designed to do? So often
there is something called ``mission creep,'' where a program is
established to serve one particular program, and it isn't long before
it is off in another direction.
Third, to verify that each program serves the purpose for which it
was intended.
Fourth, to ensure communication between agencies regarding youth-
serving programs.
The council must meet quarterly and file an interim and a final
report with congressional committees with jurisdiction over youth-
serving programs. The report will provide critical information about
programs in order to serve more children more effectively.
The council will also provide help to States that request aid in
coordinating youth-serving programs at the State level.
I would especially like to thank Majority Mr. Leader Boehner,
Chairman McKeon, and Ranking Member Miller for all of their help; also
members of the staff, Whitney Rhoades, Kate Houston, Rich Stombres,
Susan Ross, Denise Forte and Brady Young; also over in the Senate side,
Norm Coleman, Debbie Stabenow and their Senate staffers. And especially
I would like to mention Erin Duncan on my staff, who spent the better
part of 2 years working on this legislation.
So, again, Mr. Chairman, thank you so much for your help. I think
this will be a great program for so many young people, and we
appreciate all that you have done.
Mr. HINOJOSA. Mr. Speaker, I yield myself such time as I may consume.
In conclusion, I want to say that it was a pleasure to work with our
chairman, Mr. Buck McKeon, and with our ranking member, George Miller,
on this legislation. I appreciate all of the effort that they made so
that we wound up with an excellent piece of legislation.
Mr. Speaker, I yield back the balance of my time.
Mr. McKEON. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I would like to recognize the hard work of my staff,
Kate Houston, Stephanie Milburn, Rich Stombres and Taylor Hansen for
the work they have done on this, along with the Democratic staffers on
the other side of the aisle.
Mr. HOLT. Mr. Speaker, I rise in support of the reauthorization of
the Older American Act. I would like to thank Congressmen Buck McKeon,
Pat Tiberi, George Miller and Ruben Hinojosa for their hard work
reauthorizing this act.
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 mark-up 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,
[[Page H7770]]
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.
Further I have advocated for Naturally Occurring Retirement
Communities, NORCs, to be included in the legislation. NORCs supported
by the older Americans act would provide technical assistance to target
supportive services to assist the millions of older adults living in
naturally occurring retirement communities throughout the country to
maintain their independence and quality of life.
NORC supportive service programs are intended to increase
efficiencies in the delivery of services to large populations of older
adults living on their own and to reduce redundancies in the delivery
of those services. They are also intended to empower older adults, and
the communities within which they live, to determine the types of
programs and services that they wish to receive--thus building
supportive and responsive communities.
For millions of older adults, NORCs are becoming the retirement homes
of choice and necessity. According to AARP, upwards of one-third of the
older adult population is living in a NORC setting. With the retirement
of the baby boomers only a few years away, and, according to AARP, the
intention of Americans 45 and older to age in place in similar fashion,
we can expect NORC and NORC-like communities to grow in abundance.
I am pleased the bill authorizes the Assistant Secretary to support
efforts underway to develop innovative models providing for the
efficient delivery of services to communities where older individuals
are aging in place such as NORCs.
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 this legislation and I urge its
passage by this body.
Mr. TOWNS. Mr. Speaker, today I rise in strong support of the
reauthorization of the Older American Act of 2006. For the past 40
years, millions of senior citizens have benefited from the support and
nutritional services provided by this law which promotes the dignity
and independence of older people and meet the challenges associated
with the aging.
Seniors are the fastest growing population group in the United
States. In 2000, there were an estimated 35 million people age 65 and
older, representing about 13 percent of the population. It is predicted
that by 2030, this number will double to 70 million people; and about
20 percent, or 1 in 5 Americans, will be age 65 and older. According to
the New York State Office for the Aging, the 60 and older population
will grow by 40 percent over the next 30 years due, in large part, to
the influx of baby boomers. As the elderly population increases, more
services will be required to ensure their independence.
I will continue to ensure that necessary funds are allocated, so that
New York is not penalized because of the redistribution of funds to
``high growth'' States. We must not allow meals and services to be
taken away from elderly people in one State to give to elderly people
in another State.
I hope my colleagues will join me in preserving this much-needed
program for American seniors everywhere.
Mr. McKEON. Mr. Speaker, I submit for the Record the following
correspondence between Chairman Bill Thomas of the Committee on Ways
and Means and myself.
September 28, 2006.
Hon. Howard P. ``Buck'' McKeon,
Chairman, Committee on Education and the Workforce, Rayburn
House Office Building, Washington, DC.
Dear Chairman McKeon: I am writing in regard to H.R. 6197,
the ``Older Americans Act Amendments of 2006,'' which was
referred to the Committee on Education and the Workforce and
is scheduled for floor consideration on Thursday, September
28, 2006.
As you know, the Committee on Ways and Means has
jurisdiction over matters concerning the Social Security Act.
Section 203 of the bill impacts the Social Security
Administration and the U.S. Department of Health and Human
Services, and thus falls within the jurisdiction of the
Committee on Ways and Means. However, in order to expedite
this bill for floor consideration, the Committee will forgo
action on this bill. This is being done with the
understanding that it does not in any way prejudice the
Committee with respect to the appointment of conferees or its
jurisdictional prerogatives on this or similar legislation.
I would appreciate your response to this letter, confirming
this understanding with respect to H.R. 6197, and would ask
that a copy of our exchange of letters on this matter be
included in the Congressional Record during floor
consideration.
Best regards,
Bill Thomas,
Chairman.
____
September 28, 2006.
Chairman Bill Thomas,
Committee on Ways and Means, Longworth HOB, Washington, DC.
Dear Chairman Thomas: Thank you for your recent letter
regarding the consideration of H.R. 6197, the ``Older
Americans Act Amendments of 2006, Section 203 of the bill
establishes the Interagency Coordinating Committee on Aging
to improve coordination among agencies with responsibility
for programs and services for older individuals. The
coordinating committee impacts the Social Security
Administration and the U.S. Department of Health and Human
Services, and thus falls within the shared jurisdiction of
our two committees.
I appreciate your assistance in expediting the
consideration of this bill and your willingness to forgo
action on this bill. I agree that this procedure in no way
diminishes or alters the jurisdictional interest of the
Committee on Ways and Means and I support your request for
conferees on those provisions within your committee's
jurisdiction. Finally, I will include your letter and this
response in the Congressional Record during consideration of
H.R. 6197 on the House floor.
Sincerely,
Howard P. ``Buck'' McKeon,
Chairman.
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. 6197.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
____________________