[Congressional Record (Bound Edition), Volume 152 (2006), Part 9]
[House]
[Pages 12004-12022]
[From the U.S. Government Publishing Office, www.gpo.gov]




                    SENIOR INDEPENDENCE ACT OF 2006

  Mr. McKEON. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 5293) to amend the Older Americans Act of 1965 to authorize 
appropriations for fiscal years 2007 through 2011, and for other 
purposes, as amended.
  The Clerk read as follows:

                               H.R. 5293

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Senior 
     Independence Act of 2006''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions. 
Sec. 3. Establishment of Administration on Aging.
Sec. 4. Functions of the Assistant Secretary.
Sec. 5. Federal agency consultation.
Sec. 6. Administration. 
Sec. 7. Evaluation. 
Sec. 8. Reports. 
Sec. 9. Contractual, commercial and private pay relationships; 
              appropriate use of Act funds.
Sec. 10. Nutrition education.
Sec. 11. Pension counseling and information programs.
Sec. 12. Authorization of appropriations.
Sec. 13. Purpose; administration.
Sec. 14. Authorization of appropriations; uses of funds.
Sec. 15. Organization. 
Sec. 16. Area plans.
Sec. 17. State plans.
Sec. 18. Payments. 
Sec. 19. Nutrition services incentive program.
Sec. 20. Consumer contributions.
Sec. 21. Supportive services and senior centers program.
Sec. 22. Nutrition service.
Sec. 23. Congregate nutrition program.
Sec. 24. Home delivered nutrition services.
Sec. 25. Criteria. 
Sec. 26. Nutrition. 
Sec. 27. Evaluation of nutrition projects.
Sec. 28. Improving indoor air quality to buildings where seniors 
              congregate.
Sec. 29. Caregiver support program definitions.
Sec. 30. Caregiver support program.
Sec. 31. Activities of national significance.
Sec. 32. Title IV grant programs.
Sec. 33. Career preparation for the field of aging.
Sec. 34. Health care service demonstration projects in rural areas.
Sec. 35. Demonstration projects for multigenerational activities.
Sec. 36. Native American programs.
Sec. 37. Multidiciplinary centers.
Sec. 38. Responsibilities of Assistant Secretary.
Sec. 39. Community service employment-based training for older 
              Americans.
Sec. 40. Native Americans caregiver support program.
Sec. 41. Vulnerable elder rights protection activities.
Sec. 42. Native American organization provisions.
Sec. 43. Elder abuse, neglect, and exploitation prevention.
Sec. 44. Technical amendments.

     SEC. 2. DEFINITIONS.

       Section 102 of the Older Americans Act of 1965 (42 U.S.C. 
     3002) is amended--
       (1) by amending paragraph (10) to read as follows:
       ``(10) The terms `assistive device', `assistive 
     technology', and `assistive technology service' have the 
     meanings given such terms in section 3 of the Assistive 
     Technology Act of 1998 (29 U.S.C. 3002).'',
       (2) by amending paragraph (12)(D) to read as follows:
       ``(D) evidence-based health promotion programs, including 
     programs related to the prevention and mitigation of the 
     effects of chronic disease (including osteoporosis, 
     hypertension, obesity, diabetes, and cardiovascular disease), 
     alcohol and substance abuse reduction, smoking cessation, 
     weight loss and control, stress management, falls prevention, 
     physical activity, and improved nutrition through the 
     consumption of a healthful diet and multivitamin-mineral 
     supplementation;'',
       (3) in paragraph (29)(E)--
       (A) in clause (i) by striking ``and'' at the end,
       (B) in clause (ii) by striking the period at the end and 
     inserting ``; and'' , and
       (C) by adding at the end the following:
       ``(iii) older individuals at risk for institutional 
     placement.'',
       (4) by amending paragraph (24) to read as follows:
       ``(24) The term `exploitation' means the fraudulent or 
     otherwise illegal, unauthorized, or improper act or process 
     of an individual that uses the resources of an older 
     individual for monetary or personal benefit, profit, or gain, 
     or that results in depriving an older individual of rightful 
     access to, or use of, benefits, resources, belongings, or 
     assets.'',
       (5) by amending paragraph (34) to read as follows:
       ``(34) The term `neglect' means--
       ``(A) the failure of a caregiver or fiduciary to provide 
     goods or services that are necessary to maintain the health 
     or safety of an elder; or
       ``(B) self neglect.'',
       (6) by redesignating paragraphs (1) through (43) as 
     paragraphs (43), (7), (48), (37), (25), (26), (52), (13), 
     (46), (8), (28), (12), (1), (2), (3), (5), (6), (10), (24), 
     (35), (11), (14), (15), (17), (19), (20), (21), (22), (27), 
     (29), (30), (32) (33), (36), (38), (39), (40), (41), (42), 
     (49), (51), (18), and (47), respectively,
       (7) by transferring such paragraphs so as to arrange them 
     in numerical order as so redesignated,
       (8) by inserting after paragraph (3), as so redesignated 
     the following:
       ``(4) The term `Aging and Disability Resource Center' means 
     a program established by a State as part of the State's 
     system of long-term care, to provide a coordinated system for 
     providing--
       ``(A) comprehensive information on available public and 
     private long-term care programs, options, and resources;
       ``(B) personal counseling to assist individuals in 
     assessing their existing or anticipated long-term care needs, 
     and developing and implementing a plan for long-term care 
     designed to meet their specific needs and circumstances; and
       ``(C) consumer access to the range of publicly-supported 
     long-term care programs for which they may be eligible, by 
     serving as a convenient point of entry for such programs.'',
       (9) by inserting after paragraph (8), as so redesignated, 
     the following:
       ``(9) The term `at risk for institutional placement' means, 
     with respect to an older individual, that such individual is 
     unable to perform at least two activities of daily living 
     without substantial human assistance (including verbal 
     reminding, physical cuing, or supervision) and is determined 
     by the State to be in need of placement in a long-term care 
     facility.'',
       (10) by inserting after paragraph (15), as so redesignated, 
     the following:
       ``(16) The term `elder justice' means efforts to prevent, 
     detect, treat, intervene in, and respond to elder abuse, 
     neglect, and exploitation and to protect elders with 
     diminished capacity while maximizing their autonomy.'',
       (11) by inserting after paragraph (22), as so redesignated, 
     the following:
       ``(23) The term `Hispanic serving institution' has the 
     meaning as defined in section 502 of the Higher Education Act 
     of 1965 (20 U.S.C. 1101A).'',
       (12) by inserting after paragraph (30), as so redesignated, 
     the following:
       ``(31) The term `long-term care' means any services, care, 
     or items (including assistive devices), including disease 
     prevention and health promotion services, in-home services, 
     and case management service--
       ``(A) intended to assist individuals in coping with, and to 
     the extent practicable compensate for, functional impairments 
     in carrying out activities of daily living;
       ``(B) furnished at home, in a community care setting 
     (including a small community care setting as defined in 
     subsection (g)(1), and a large community care setting as 
     defined in subsection (h)(1), of section 1929 of the Social 
     Security Act (42 U.S.C. 1396t)), or in a long-term care 
     facility; and
       ``(C) not furnished to prevent, diagnose, treat, or cure a 
     medical disease or condition.'',
       (13) by inserting after paragraph (33), as so redesignated, 
     the following:
       ``(34) The term `multivitamin-mineral supplement' means a 
     dietary supplement that provides at least two-third's of the 
     essential vitamins and minerals at 100 percent of the daily 
     value levels as determined by the Food and Drug 
     Administration.'',
       (14) by inserting after paragraph (43), as so redesignated, 
     the following:
       ``(44) The term `self-directed care' means an approach to 
     providing services (including programs, benefits, supports, 
     and technology) under this Act intended to an older 
     individual to assist such individual with activities of daily 
     living, in which
       ``(A) such services (including the amount, duration, scope, 
     provider, and location of such services) are planned, 
     budgeted, and purchased under the direction and control of 
     such individual;
       ``(B) such individual is provided with such information and 
     assistance as necessary and appropriate to enable such 
     individual to make informed decisions about his or her care 
     options;
       ``(C) the needs, capabilities, and preferences of such 
     individual with respect to such services, and such 
     individual's ability to direct and control his or her receipt 
     of such services, are assessed by the area agency on aging 
     (or other agency designated by the area agency on aging);
       ``(D) based on the assessment made under subparagraph (C), 
     the area agency on aging (or other agency designated by the 
     area agency on aging) develops together with such individual 
     and his or her family, caregiver, or legal representative--
       ``(i) a plan of services for such individual that specifies 
     which services such individual will be responsible for 
     directing;
       ``(ii) a determination of the role of family members (and 
     others whose participation is sought by such individual) in 
     providing services under such plan; and
       ``(iii) a budget for such services; and
       ``(E) the area agency on aging or State agency provides for 
     oversight of such individual's self-directed receipt of 
     services, including steps to

[[Page 12005]]

     ensure the quality of services provided and the appropriate 
     use of funds under this Act.
       ``(45) The term `self-neglect' means an adult's inability, 
     due to physical or mental impairment or diminished capacity, 
     to perform essential self-care tasks including--
       ``(A) obtaining essential food, clothing, shelter, and 
     medical care;
       ``(B) obtaining goods and services necessary to maintain 
     physical health, mental health, or general safety; or
       ``(C) managing one's own financial affairs.'', and
       (15) by inserting after paragraph (49), as so redesignated, 
     the following:
       ``(50) The term `State system of long-term care' means the 
     Federal, State, and local programs and activities 
     administered by a State that provide, support, or facilitate 
     access to long-term care to individuals in such State.''.

     SEC. 3. ESTABLISHMENT OF ADMINISTRATION ON AGING.

       Section 201 of the Older Americans Act of 1965 (42 U.S.C. 
     3011) is amended by adding at the end the following:
       ``(e)(1) The Assistant Secretary may designate within the 
     Administration responsibility for elder abuse prevention and 
     services.
       ``(2) It shall be the duty of the assistant secretary, 
     acting through the person designated with responsibility for 
     elder abuse prevention and services, to develop objectives, 
     priorities, policy, and a long-term plan for--
       ``(A) carrying out elder justice programs and activities 
     relating to--
       ``(i) elder abuse prevention, detection, treatment, and 
     intervention, and response;
       ``(ii) training of individuals regarding the matters 
     described in clause (i); and
       ``(iii) the improvement of the elder justice system in the 
     United States;
       ``(B) collecting and disseminating data relating to the 
     abuse, neglect, and exploitation of older individuals;
       ``(C) disseminating information concerning best practices 
     regarding, and providing training on, carrying out activities 
     related to abuse, neglect, and exploitation of older 
     individuals;
       ``(D) conducting research related to abuse, neglect, and 
     exploitation of older individuals;
       ``(E) providing technical assistance to States and other 
     eligible entities under title VII;
       ``(F) assisting States and other eligible entities under 
     title VII to develop strategic plans to better coordinate 
     elder justice activities, research, and training; and
       ``(G) promoting collaborative efforts and diminishing 
     duplicative efforts in the development and carrying out of 
     elder justice programs at the Federal, State, and local 
     levels.
       ``(f)(1) The Assistant Secretary may designate an officer 
     or employee who shall be responsible for the administration 
     of mental health services authorized under this Act;
       ``(2) It shall be the duty of the Assistant Secretary, 
     acting through the individual designated in paragraph (1), to 
     develop objectives, priorities, and a long-term plan for 
     supporting State and local efforts involving education, 
     prevention, detection, and treatment of mental disorders, 
     including age-related dementia, depression, and Alzheimer's 
     disease and related neurological disorders.''.

     SEC. 4. FUNCTIONS OF THE ASSISTANT SECRETARY.

       Section 202 of the Older Americans Act of 1965 (42 U.S.C. 
     3012) is amended--
       (1) in subsection (a)--
       (A) in paragraph (5) by inserting ``assistive technology,'' 
     after ``housing,'',
       (B) in paragraph (12)--
       (i) by striking ``(12)'' and inserting the following:
       ``(12)(A) consult and coordinate activities with the 
     Centers for Medicare & Medicaid Services and other federal 
     entities to implement and build awareness of programs 
     providing benefits affecting older individuals; and
       ``(B)'',
       (C) in paragraph (20)--
       (i) by striking ``and area agencies on aging'' and 
     inserting ``, area agencies on aging, and service 
     providers'',
       (ii) by striking ``and benefits'' and inserting 
     ``benefits'',
       (iii) by inserting ``benefits under any other applicable 
     Federal program, or any other service (including technology 
     and internet-based decision support tools) to assist 
     consumers to learn about, to receive benefits under, and to 
     participate in programs for which they may be eligible'' 
     after ``(7 U.S.C. 2011 et seq.),'',
       (iv) by inserting ``(A)'' after ``(20)'', and
       (v) by adding at the end the following:
       ``(B) provide technical assistance and support for benefits 
     enrollment assistance and outreach to support efforts to 
     inform and enroll low-income older individuals who may be 
     eligible to participate, but who are not participating, in 
     Federal and State programs for which they are eligible, and 
     may in cooperation with Federal partners, make grants or 
     contracts to establish a National Center on Senior Benefits 
     Outreach and Enrollment, which shall--
       ``(i) maintain and update web-based decision supports and 
     enrollment tools and integrated, person-centered systems 
     designed to inform older individuals about the full range of 
     benefits for which they may be eligible;
       ``(ii) utilize cost-effective strategies to find and enroll 
     those with greatest economic need;
       ``(iii) create and support efforts for Aging and Disability 
     Resource Centers, and other public and private State and 
     community-based organizations and coalitions, including 
     faith-based organizations, to serve as enrollment benefit 
     centers;
       ``(iv) develop and maintain an information clearinghouse on 
     best practices and cost-effective methods for identifying and 
     enrolling limited income older Americans in benefits for 
     which they are eligible; and
       ``(v) provide, in collaboration with Federal partners 
     administering programs, training and technical assistance on 
     effective outreach, screening, enrollment and follow-up 
     strategies.'',
       (D) in paragraph (26)--
       (i) in subsection (D)--

       (I) by striking ``gaps in'', and
       (II) by inserting ``(including services that would permit 
     such individuals to receive long-term care in home and 
     community-based settings)'' after ``individuals'', and

       (ii) in subsection (E) by striking ``and'' at the end,
       (E) in paragraph (27)--
       (i) in subparagraph (B) by adding ``and'' at the end,
       (ii) in subparagraph (C) by striking the semicolon and 
     inserting a period, and
       (iii) by striking subparagraph (D), and
       (F) by adding at the end the following:
       ``(28) make available to States, area agencies on aging, 
     and service providers information and technical assistance to 
     support the provision of evidence-based disease prevention 
     and health promotion services.'', and
       (2) by striking subsections (b) and (c), and inserting the 
     following:
       ``(b) To promote the development and implementation of 
     comprehensive, coordinated systems at Federal, State, and 
     local levels for providing long-term care in home and 
     community-based settings, in a manner responsive to the needs 
     and preferences of older individuals and their family 
     caregivers, the Assistant Secretary shall, consistent with 
     the applicable provisions of this title--
       ``(1) collaborate, coordinate, and consult with other 
     Federal agencies and departments responsible for formulating 
     and implementing programs, benefits, and services related to 
     providing long-term care, and may make grants, contracts, and 
     cooperative agreements with funds received from other Federal 
     entities;
       ``(2) conduct research and demonstration projects to 
     identify innovative, cost-effective strategies for modifying 
     State systems of long-term care to--
       ``(A) respond to the needs and preferences of older 
     individuals and family caregivers; and
       ``(B) target services to individuals at risk for 
     institutional placement, to permit such individuals to remain 
     in home and community-based care settings;
       ``(3) establish criteria and promote the implementation 
     (through area agencies on aging, service providers, and such 
     other entities as the Assistant Secretary determines to be 
     appropriate) of evidence-based programs to assist older 
     individuals and their family caregivers in learning about and 
     making behavioral changes intended to reduce the risk of 
     injury, disease, and disability among older individuals;
       ``(4) facilitate, in coordination with the Centers for 
     Medicare & Medicaid Services, the Cash and Counseling 
     National Program Office, and other Federal entities as 
     appropriate, the provision of long-term care in home and 
     community-based settings, including the provision of self-
     directed care models that--
       ``(A) provide for the assessment of the needs and 
     preferences of an individual at risk for institutional 
     placement to help such individual avoid unnecessary nursing 
     home placement and depletion of income and assets to qualify 
     for Medicaid eligibility;
       ``(B) respond to the needs and preferences of such 
     individual and provide the option for the individual (or 
     representative, as appropriate) to direct and control the 
     receipt of support services provided;
       ``(C) assist an older individual (or a representative, as 
     appropriate) develop a plan for long-term support, including 
     the selecting, budgeting, and purchasing of home and 
     community-based long-term care and supportive services;
     (for purposes of this paragraph, the term `representative' 
     means a person appointed by the eligible individual, or 
     legally acting on the individual's behalf, to represent or 
     advise the individual in financial or service coordination 
     matters);
       ``(5) provide for the Administration to play a lead role 
     with respect to issues concerning home and community-based 
     long-term care, including--
       ``(A) directing (as the Secretary or the President 
     determines to be appropriate) or otherwise participating in 
     departmental and interdepartmental activities concerning 
     long-term care;
       ``(B) reviewing and commenting on departmental rules, 
     regulations, and policies related to providing long-term 
     care; and
       ``(C) making recommendations to the Secretary with respect 
     to home and community-based long-term care, including 
     recommendations based on findings made through projects 
     conducted under paragraph (2);
       ``(6) promote, in coordination with other appropriate 
     Federal agencies, enhanced awareness by the public of the 
     importance of planning in advance for long-term care and the 
     availability of information and resources to assist in such 
     planning;
       ``(7) implement in all States Aging and Disability Resource 
     Centers--
       ``(A) to serve as visible and trusted sources of 
     information on the full range of long-term care options that 
     are available in the community, including both institutional 
     and home and community-based care;

[[Page 12006]]

       ``(B) to provide personalized and consumer friendly 
     assistance to empower people to make informed decisions about 
     their care options;
       ``(C) to provide coordinated and streamlined access to all 
     publicly supported long-term care options so that consumers 
     can obtain the care they need though a single intake, 
     assessment and eligibility determination process;
       ``(D) to help people to plan ahead for their future long-
     term care needs; and
       ``(E) to assist, in coordination with the State Health 
     Insurance Assistance Program, Medicare beneficiaries in 
     understanding and accessing the Prescription Drug Coverage 
     and preventative health benefits available under the Medicare 
     Modernization Act;
       ``(8) establish, either directly or through grants or 
     contracts, national technical assistance programs to assist 
     State agencies, area agencies on aging, and community-based 
     service providers funded under this Act in implementing--
       ``(A) such home and community-based long-term care systems, 
     including evidence-based programs; and
       ``(B) such evidence-based health promotion and disease 
     prevention programs;
       ``(9) develop, in collaboration with the Administrator of 
     the Centers for Medicare & Medicaid Services, performance 
     standards and measures for use by States to determine the 
     extent to which their systems of long-term care fulfill the 
     objectives described in this subsection; and
       ``(10) conduct such other activities as the Assistant 
     Secretary determines to be appropriate.
       ``(c) The Assistant Secretary, in consultation with the 
     Corporation for National and Community Service, shall--
       ``(1) encourage and permit voluntary groups active in 
     supportive services and civic engagement, including youth 
     organizations active at the secondary or postsecondary 
     levels, to participate and be involved individually or 
     through representative groups, in such programs or activities 
     to the maximum extent feasible;
       ``(2) develop a comprehensive strategy for utilizing older 
     individuals to address critical local needs of national 
     concern, including the engagement of older individuals in the 
     activities of public and nonprofit organizations such as 
     community-based and faith-based organizations; and
       ``(3) encourage other community capacity building 
     initiatives involving older individuals, with particular 
     attention to initiatives that demonstrate the effectiveness 
     and cost savings in meeting critical needs.''.

     SEC. 5. FEDERAL AGENCY CONSULTATION.

       Section 203 of the Older Americans Act of 1965 (42 U.S.C. 
     3013) is amended--
       (1) in subsection (a)(3)(A) by striking ``(with particular 
     attention to low-income minority older individuals and older 
     individuals residing in rural areas)'' and inserting ``(with 
     particular attention to low-income older individuals, 
     including low-income minority older individuals, older 
     individuals with limited English proficiency, and older 
     individuals residing in rural areas)'', and
       (2) in subsection (b)--
       (A) in paragraph (17) by striking ``and'' at the end,
       (B) in paragraph (18) by striking the period at the end and 
     inserting ``; and'', and
       (C) by adding at the end the following:
       ``(19) sections 4 and 5 of the Assistive Technology Act of 
     1998 (29 U.S.C. 3003-3004).''.

     SEC. 6. ADMINISTRATION.

       Section 205 of the Older Americans Act of 1965 (42 U.S.C. 
     3016) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) in subparagraph (C) by adding ``and'' at the end,
       (ii) in subparagraph (D) by striking the semicolon at the 
     end and inserting a period, and
       (iii) by striking subparagraph (E), and
       (B) in paragraph (2)--
       (i) in subparagraph (A)--

       (I) by amending clause (i) to read as follows:

       ``(i) designing, implementing, and evaluating evidence-
     based programs to support improved nutrition and regular 
     physical activity for older individuals;'',

       (II) by amending clause (iii) to read as follows:

       ``(iii) conducting outreach and disseminating evidence-
     based information to nutrition service providers about the 
     benefits of healthful diets and regular physical activity, 
     including information about the most current Dietary 
     Guidelines for Americans published under section 301 of the 
     National Nutrition Monitoring and Related Research Act of 
     1990 (7 U.S.C. 5341), the Food Guide Pyramid published 
     jointly by the Secretary and the Secretary of Agriculture, 
     and advances in nutrition science;'',

       (III) in clause (vii) by striking ``and'' at the end, and
       (IV) by striking clause (viii) and inserting the following:

       ``(viii) disseminating guidance that describes strategies 
     for improving the nutritional quality of meals provided under 
     title III, particularly strategies for increasing the 
     consumption of whole grains, lowfat dairy products, fruits 
     and vegetables;
       ``(ix) developing and disseminating guidelines for 
     conducting nutrient analyses of meals provided in subparts 1 
     and 2 of part C, including guidelines for averaging key 
     nutrients over an appropriate period of time; and
       ``(x) providing technical assistance to the regional 
     offices of the Administration with respect to each duty 
     described in clauses (i) through (viii).'', and
       (ii) by amending subparagraph (C)(i) to read as follows:
       ``(i) have expertise in nutrition, energy balance, and meal 
     planning; and''.

     SEC. 7. EVALUATION.

       The 1st sentence of section 206(g) of the Older Americans 
     Act of 1965 (42 U.S.C. 3017(g)) is amended to read as 
     follows:
     ``From the total amount appropriated for each fiscal year to 
     carry out title III, the Secretary may use such sums as may 
     be necessary, but not to exceed \1/2\ of 1 percent of such 
     amount, for purposes of conducting evaluations under this 
     section, either directly or through grants or contracts.''.

     SEC. 8. REPORTS.

       Section 207(b)(2) of the Older Americans Act of 1965 (42 
     U.S.C. 3018(b)(2)) is amended--
       (1) in subparagraph (B) by striking ``Labor'' and inserting 
     ``the Workforce'', and
       (2) in subparagraph (C) by striking ``Labor and Human 
     Resources'' and inserting ``Health, Education, Labor, and 
     Pensions''.

     SEC. 9. CONTRACTUAL, COMMERCIAL AND PRIVATE PAY 
                   RELATIONSHIPS; APPROPRIATE USE OF ACT FUNDS.

       (a) Private Pay Relationships; Appropriate Use of Act 
     Funds.--Section 212 of the Older Americans Act of 1965 (42 
     U.S.C. 3020c) is amended to read as follows:

     ``SEC. 212. CONTRACTING AND GRANT AUTHORITY; PRIVATE PAY 
                   RELATIONSHIPS; APPROPRIATE USE OF FUNDS.

       ``(a) In General.--Subject to subsection (b), this Act 
     shall not be construed to prevent a recipient of a grant or a 
     contract from entering into an agreement--
       ``(1) with a profitmaking organization;
       ``(2) under which funds provided under such grant or 
     contract are used to pay part or all of a cost (including an 
     administrative cost) incurred by such recipient to carry out 
     a contract or commercial relationship for the benefit of 
     older individuals or their family caregivers, whether such 
     relationship is carried out to implement a provision of this 
     Act or to conduct activities inherently associated with 
     implementing such provision; or
       ``(3) under which any individual, regardless of age or 
     income (including the family caregiver of such individual), 
     who seeks to receive 1 or more services pays, at their own 
     private expense, to receive such services based on the fair 
     market value of such services.
       ``(b) Ensuring Appropriate Use of Funds.--An agreement 
     described under subsection (a) may not--
       ``(1) be made without the prior approval of the State 
     agency (or, in the case of a grantee under title VI, without 
     the prior recommendation of the Director of the Office for 
     American Indian, Alaska Native, and Native Hawaiian Aging and 
     the prior approval of the Assistant Secretary);
       ``(2) directly or indirectly provide for, or have the 
     effect of, paying, reimbursing, or otherwise compensating an 
     entity under such agreement in an amount that exceeds the 
     fair market value of the goods or services furnished by such 
     entity under such agreement;
       ``(3) result in the displacement of services otherwise 
     available to an older individual with the greatest social 
     need, an older individual with greatest economic need, or an 
     older individual who is at risk for institutional placement; 
     or
       ``(4) in any other way compromise, undermine, or be 
     inconsistent with the objective of serving the needs of older 
     individuals, as determined by the Assistant Secretary.''.

     SEC. 10. NUTRITION EDUCATION.

       Section 214 of the Older Americans Act of 1965 (42 U.S.C. 
     3020e) is amended to read as follows:

     ``SEC. 214. NUTRITION EDUCATION.

       ``The Assistant Secretary, in consultation with the 
     Secretary of Agriculture, shall conduct outreach and provide 
     technical assistance to agencies and organizations that serve 
     older individuals to assist such agencies and organizations 
     to carry out integrated health promotion and disease 
     prevention programs that are designed for older individuals 
     and that include nutrition education, physical activity, and 
     other activities to modify behavior and to improve health 
     literacy (including information on optimal nutrient intake) 
     through education and counseling in accordance with section 
     339(2)(J).''.

     SEC. 11. PENSION COUNSELING AND INFORMATION PROGRAMS.

       Section 215 of the Older Americans Act of 1965 (42 U.S.C. 
     3020e-1) is amended--
       (1) in subsection (e)(1)(J) by striking ``and low-income 
     retirees'' and inserting ``, low income retirees, and older 
     individuals with limited English proficiency'',
       (2) in subsection (f) by amending paragraph (2) to read as 
     follows:
       ``(2) The ability of the entity to perform effective 
     outreach to affected populations, particularly populations 
     with limited English proficiency and other populations that 
     are identified in need of special outreach.'', and
       (3) in subsection (h)(2) by inserting ``(including 
     individuals with limited English proficiency)'' after 
     ``individuals''.

     SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

       Section 216 of the Older Americans Act of 1965 (42 U.S.C. 
     3020f) is amended--
       (1) in subsection (a) by striking ``2001, 2002, 2003, 2004, 
     and 2005'' and inserting ``2007, 2008, 2009, 2010, and 
     2011.'', and
       (2) in subsections (b) and (c) by striking ``year'' and all 
     that follows through ``years'', and inserting ``years 2007, 
     2008, 2009, 2010, and 2011''.

     SEC. 13. PURPOSE; ADMINISTRATION.

       Section 301(a)(2) of the Older Americans Act of 1965 (42 
     U.S.C. 3021(a)(2)) is amended--

[[Page 12007]]

       (1) in subparagraph (D) by striking ``and'' at the end,
       (2) in subparagraph (E) by striking the period at the end 
     and inserting ``; and'', and
       (3) by adding at the end the following:
       ``(F) organizations with experience in providing senior 
     volunteer services, such as Federal volunteer programs 
     administered by the Corporation for National and Community 
     Service designed to provide training, placement, and stipends 
     for volunteers in community service settings.''.

     SEC. 14. AUTHORIZATION OF APPROPRIATIONS; USES OF FUNDS.

       Section 303 of the Older Americans Act of 1965 (42 U.S.C. 
     3023) is amended--
       (1) in subsections (a)(1), (b), and (d) by striking ``year 
     2001'' and all that follows through ``years'' each place it 
     appears, and inserting ``years 2007, 2008, 2009, 2010, and 
     2011'', and
       (2) in subsection (e)--
       (A) by striking paragraph (1),
       (B) in paragraph (2)--
       (i) by striking ``(2)'' and inserting ``(1)'', and
       (ii) by striking ``each of the 4 succeeding fiscal years'' 
     and inserting ``for fiscal years 2007, 2008, 2009, 2010, and 
     2011'', and
       (C) in paragraph (3)--
       (i) by striking ``(3)'' and inserting ``(2)'', and
       (ii) by striking ``paragraphs (1) and (2)'' and inserting 
     ``paragraph (1)''.

     SEC. 15. ORGANIZATION.

       Section 305(a) of the Older Americans Act of 1965 (42 
     U.S.C. 3025(a)) is amended--
       (1) in paragraph (1)(E) by striking ``(with particular 
     attention to low-income minority individuals and older 
     individuals residing in rural areas)'' each place it appears 
     and inserting ``(with particular attention to low-income 
     older individuals, including low-income minority older 
     individuals, older individuals with limited English 
     proficiency, and older individuals residing in rural 
     areas)'',
       (2) in paragraph (2)(E) by striking ``with particular 
     attention to low-income minority individuals and older 
     individuals residing in rural areas'' and inserting ``with 
     particular attention to low-income older individuals, 
     including low-income minority older individuals, older 
     individuals with limited English proficiency, and older 
     individuals residing in rural areas'', and
       (3) by adding at the end the following:
       ``(3) the State agency shall, consistent with this section, 
     promote the development and implementation of a 
     comprehensive, coordinated system in such State for providing 
     long-term care in home and community-based settings, in a 
     manner responsive to the needs and preferences of older 
     individuals and their family caregivers, by--
       ``(A) collaborating, coordinating, and consulting with 
     other agencies in such State responsible for formulating, 
     implementing, and administering programs, benefits, and 
     services related to providing long-term care;
       ``(B) participating in any State government activities 
     concerning long-term care, including reviewing and commenting 
     on any State rules, regulations, and policies related 
     thereto;
       ``(C) conducting analyses and making recommendations, and 
     implementing programs and strategies to modify the State's 
     system of long-term care to better--
       ``(i) respond to the needs and preferences of older 
     individuals and family caregivers;
       ``(ii) facilitate the provision of long-term care in home 
     and community-based settings through service providers; and
       ``(iii) target services to individuals at risk for 
     institutional placement, to permit such individuals to remain 
     in home and community-based care settings;
       ``(D) implement (through area agencies on aging, service 
     providers, and such other entities as the State determines to 
     be appropriate) evidence-based programs to assist older 
     individuals and their family caregivers in learning about and 
     making behavioral changes intended to reduce the risk of 
     injury, disease, and disability among older individuals; and
       ``(E) providing for the availability and distribution 
     (through public education campaigns, aging and disability 
     resource centers, area agencies on aging, and other 
     appropriate means) of information relating to--
       ``(i) the need to plan in advance for long-term care; and
       ``(ii) the range of available public and private long-term 
     care programs, options, and resources.''.

     SEC. 16. AREA PLANS.

       Section 306 of the Older Americans Act of 1965 (42 U.S.C. 
     3026) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) by striking ``(with particular attention to low-income 
     minority individuals and older individuals residing in rural 
     areas)'' each place it appears and inserting ``(with 
     particular attention to low-income older individuals, low-
     income minority older individuals, older individuals with 
     limited English proficiency, and older individuals residing 
     in rural areas)'', and
       (ii) by inserting ``the number of older individuals at risk 
     for institutional placement residing in such area,'' after 
     ``individuals) residing in such area,'',
       (B) in paragraph (4)--
       (i) in subparagraph (A)--

       (I) by amending clause (i) to read as follows:

       ``(i) provide assurances that the area agency on aging 
     will--
       ``(I) set specific objectives, consistent with State 
     policy, for providing services to older individuals with 
     greatest economic need, older individuals with greatest 
     social need, and older individuals at risk for institutional 
     placement;
       ``(II) include in the area plan specific objectives for 
     providing services to low-income minority older individuals 
     and older individuals residing in rural areas; and
       ``(III) include in the area plan proposed methods to 
     achieve such objectives;'', and

       (II) in clause (ii) by inserting ``(including older 
     individuals with limited English proficiency)'' after ``low 
     income minority individuals'' each place it appears; and

       (ii) in subparagraph (B)--

       (I) by moving the left margin of each of subparagraph (B), 
     clauses (i) and (ii), and subclauses (I) through (VI) of 
     clause (i), 2 ems to the left,
       (II) in clause (i)--

       (aa) in subclause (V) by striking ``and'' at the end; and
       (bb) by adding at the end the following:
       ``(VI) older individuals at risk for institutional 
     placement; and'', and

       (III) by striking ``(VI)'' and inserting ``(VII)'',

       (C) in paragraph (5) by inserting ``and individuals at risk 
     for institutional placement'' after ``severe disabilities'',
       (D) in paragraph (6)--
       (i) in subparagraph (C)--

       (I) in clause (i) by striking ``and'' at the end,
       (II) in clause (ii) by adding ``and'' at the end, and
       (III) by inserting after clause (ii) the following:

       ``(iii) make use of trained volunteers in providing direct 
     services delivered to elderly and disabled individuals 
     needing such care and, if possible, work in coordination with 
     volunteer programs (including programs administered by the 
     Corporation for National Service) designed to provide 
     training, placement, and stipends for volunteers in community 
     service settings.'',
       (ii) in subparagraph (D)--

       (I) by inserting ``family caregivers of such individuals,'' 
     after ``Act,'', and
       (II) by inserting ``service providers, the business 
     community,'' after ``individuals,'', and

       (iii) by amending subparagraph (F) to read as follows:
       ``(F) in coordination with the State unit on aging and the 
     State agency responsible for mental health services, increase 
     public awareness of mental health disorders, remove barriers 
     to diagnosis and treatment, and coordinate mental health 
     services provided (including mental health screenings) with 
     funds expended by the area agency on aging with mental health 
     services provided by community health centers and by other 
     public agencies and nonprofit private organizations;'',
       (E) by amending paragraph (7) to read as follows:
       ``(7) provide that the area agency on aging shall, 
     consistent with this section, facilitate the area-wide 
     development and implementation of a comprehensive, 
     coordinated system for providing long-term care in home and 
     community-based settings, in a manner responsive to the needs 
     and preferences of older individuals and their family 
     caregivers, by--
       ``(A) collaborating, coordinating, and consulting with 
     other local public and private agencies and organizations 
     responsible for administering programs, benefits, and 
     services related to providing long-term care;
       ``(B) conducting analyses, making recommendations, and 
     implementing programs with respect to strategies for 
     modifying the local system of long-term care to better--
       ``(i) respond to the needs and preferences of older 
     individuals and family caregivers;
       ``(ii) facilitate the provision, through service providers, 
     of long-term care in home and community-based settings; and
       ``(iii) target services to older individuals at risk for 
     institutional placement, to permit such individuals to remain 
     in home and community-based care settings;
       ``(C) implement, through the agency or service providers, 
     evidence-based programs to assist older individuals and their 
     family caregivers in learning about and making behavioral 
     changes intended to reduce the risk of injury, disease, and 
     disability among older individuals; and
       ``(D) provide for the availability and distribution 
     (through public education campaigns, aging and disability 
     resource centers, and other appropriate means) of information 
     relating to--
       ``(i) the need to plan in advance for long-term care; and
       ``(ii) the range of available public and private long-term 
     care programs, options, and resources;'',
       (F) by striking paragraph (14) and the 2 paragraphs (15),
       (G) by redesignating paragraph (16) as paragraph (14), and
       (I) by adding at the end the following:
       ``(15) provide assurances that funds received under this 
     title will be used--
       ``(A) in a manner, consistent with paragraph (4), that 
     gives priority in furnishing benefits and services to older 
     individuals with greatest economic need, older individuals 
     with greatest social need, and older individuals at risk for 
     institutional placement; and
       ``(B) in compliance with the assurances specified in 
     paragraph (13) and the limitations specified in section 
     212(b); and
       ``(16) provide, to the maximum extent feasible, for the 
     furnishing of services under this Act consistent with self-
     directed care.'',
       (2) by redesignating subsections (b), (c), (d), and (e) as 
     subsections (c), (d), (e), and (f), and
       (3) by inserting after subsection (a) the following:
       ``(b)(1) An area agency on aging may include in the area 
     plan an assessment of how prepared

[[Page 12008]]

     the planning and service area is for any anticipated change 
     in the number of older individual during the 10-year period 
     following the fiscal year for which the plan is submitted. 
     Such assessment may include--
       ``(A) the projected change in the number of older 
     individuals in the planning and service area;
       ``(B) an analysis of how such change may affect such 
     individuals, including such individuals with low incomes, 
     such individuals with greatest economic need, minority older 
     individuals, older individuals residing in rural areas, and 
     older individuals with limited English proficiency;
       ``(C) an analysis of how the programs, policies, and 
     services provided in the planning and service area can be 
     improved, and how resource levels can be adjusted, to meet 
     the needs of the changing population of older individuals in 
     such area; and
       ``(D) an analysis of how the change in the number of 
     individuals 85 years of age and older is expected to affect 
     the need for supportive services.
       ``(2) An area agency on aging, in cooperation with 
     government officials, State agencies, tribal organizations, 
     or local entities, may make recommendations to government 
     officials in the planning and service area and the State, on 
     actions determined by the area agency to build the capacity 
     in the planning and service area to meet the needs of older 
     individuals for--
       ``(A) health and human services;
       ``(B) land use;
       ``(C) housing;
       ``(D) transportation;
       ``(E) public safety;
       ``(F) workforce and economic development;
       ``(G) recreation;
       ``(H) education;
       ``(I) civic engagement; and
       ``(J) any other service as determined by such agency.''.

     SEC. 17. STATE PLANS.

       Section 307(a) of the Older Americans Act of 1965 (42 
     U.S.C. 3027(a)) is amended--
       (1) in paragraph (4) by striking ``with particular 
     attention to low-income minority individuals and older 
     individuals residing in rural areas'' and inserting ``low-
     income minority older individuals, older individuals with 
     limited English proficiency, and older individuals residing 
     in rural areas'',
       (2) by striking paragraph (15),
       (3) by redesignating paragraph (14) as paragraph (15),
       (4) by inserting after paragraph (13) the following:
       ``(14) The plan shall, with respect to the fiscal year 
     preceding the fiscal year for which such plan is prepared--
       ``(A) identify the number of low-income minority older 
     individuals in the State, including the number of low-income 
     older individuals with limited English proficiency; and
       ``(B) describe the methods used to satisfy the service 
     needs of such minority older individuals, including the plan 
     to service the needs of older individuals with limited 
     English proficiency.'',
       (5) in clauses (ii) and (iii) of paragraph (16)(A) by 
     striking ``(with particular attention to low-income minority 
     individuals and older individuals residing in rural areas)'' 
     each place it appears and inserting ``(with particular 
     attention to low-income older individuals, low-income 
     minority older individuals, older individuals with limited 
     English proficiency, and older individuals residing in rural 
     areas)'', and
       (6) by adding at the end the following:
       ``(27) The plan shall provide assurances that area agencies 
     on aging will, to the maximum extent feasible, provide for 
     the furnishing of services under this Act consistent with 
     self-directed care.
       ``(28)(A) The plan shall include, at the election of the 
     State, an assessment of how prepared the State is, under the 
     State's statewide service delivery model, for a change in the 
     number of older individuals during the 10-year period 
     following the fiscal year for which the plan is submitted.
       ``(B) Such assessment may include--
       ``(i) the projected change in the number of older 
     individuals in the State;
       ``(ii) an analysis of how such change may affect such 
     individuals, including individuals with low incomes,  
     individuals with great economic need, minority older 
     individuals, older individuals residing in rural areas, and 
     older individuals with limited English proficiency;
       ``(iii) an analysis of how the programs, policies, and 
     services provided by the State can be improved, including 
     coordinating with area agencies on aging, and how resource 
     levels can be adjusted to meet the needs of the changing 
     population of older individuals in the State; and
       ``(iv) an analysis of how the change in the number of 
     individuals 85 years of age and older in the State is 
     expected to affect the need for supportive services.''.

     SEC. 18. PAYMENTS.

       Section 309(b)(2) of the Older Americans Act of 1965 (42 
     U.S.C. 3029(b)(2)) is amended by striking ``the non-Federal 
     share required prior to fiscal year 1981'' and inserting ``10 
     percent of the cost of the services specified in such section 
     304(d)(1)(D)''.

     SEC. 19. NUTRITION SERVICES INCENTIVE PROGRAM.

       (a) Cash Only Program; Authority To Use Program Funds To 
     Purchase Food Through School Food Authorities.--Section 311 
     of the Older Americans Act of 1965 (42 U.S.C. 3030a) is 
     amended---
       (1) in subsection (b) by adding at the end the following:
       ``(3) Each State agency shall promptly and equitably 
     disburse amounts received under this subsection to recipients 
     of grants and contracts.'',
       (2) in subsection (c)--
       (A) in paragraph (1) by inserting ``(including bonus 
     commodities)'' after ``commodities'',
       (B) in paragraph (2) by inserting ``(including bonus 
     commodities)'' after ``commodities'',
       (C) in paragraph (3) by inserting ``(including bonus 
     commodities)'' after ``products'', and
       (D) by adding at the end the following:
       ``(4) Among the commodities delivered under this 
     subsection, the Secretary of Agriculture shall give special 
     emphasis to high protein foods. The Secretary of Agriculture, 
     in consultation with the Assistant Secretary, is authorized 
     to prescribe the terms and conditions respecting the donation 
     of commodities under this subsection.'',
       (3) by amending subsection (d) to read as follows:
       ``(d)(1) Amounts provided under subsection (b) to State 
     grantees and contractors, and to title VI grantees, shall be 
     available only for the purchase by such entities of United 
     States agricultural commodities and other foods for their 
     respective nutrition projects, subject to paragraph (2).
       ``(2) Part or all of the amounts received by an entity 
     specified in paragraph (1) may be used to pay a school food 
     authority (as referred to under the Richard B. Russell 
     National School Lunch Act (42 U.S.C.1751 et seq.) to obtain 
     United States agricultural commodities for such entity's 
     nutrition projects, in accordance with an agreement between 
     the entity and the school food authority, under which such 
     payments--
       ``(A) shall cover the cost of such commodities; and
       ``(B) may cover related expenses incurred by the school 
     food authority, including the cost of transporting, 
     distributing, processing, storing, and handling such 
     commodities.'',
       (4) in subsection (e) by striking ``2001'' and inserting 
     ``2007'',
       (5) in subsection (f)--
       (A) in the matter preceding paragraph (1) by striking ``the 
     Secretary of Agriculture and the Secretary of Health and 
     Human Services'' and inserting ``the Assistant Secretary and 
     the Secretary of Agriculture'', and
       (B) by amending paragraphs (1) and (2) to read as follows:
       ``(1) school food authorities participating in programs 
     authorized under the Richard B. Russell National School Lunch 
     Act within the geographic area served by each such State 
     agency; and
       ``(2) the donated foods available to such State agencies, 
     area agencies on aging, and providers under subsection 
     (c).''.

     SEC. 20. CONSUMER CONTRIBUTIONS.

       Section 315 of the Older Americans Act of 1965 (42 U.S.C. 
     3030c-2) is amended---
       (1) in subsection (b)--
       (A) in paragraph (1) by striking ``provided that'' and 
     inserting ``, and such contributions shall be encouraged for 
     individuals whose self-declared income is at or above 125 
     percent of the poverty line and may be requested at 
     contribution levels based on the actual cost of services, 
     if'', and
       (B) in paragraph (4)(E) by inserting ``and to supplement 
     (not supplant) funds received under this Act'' after 
     ``given'',
       (2) in subsection (c)(2) by striking ``(with particular 
     attention to low-income minority individuals and older 
     individuals residing in rural areas)'' and inserting ``(with 
     particular attention to low-income older individuals, 
     including low-income minority older individuals, older 
     individuals with limited English proficiency, and older 
     individuals residing in rural areas)'', and
       (3) in subsection (d) by striking ``with particular 
     attention to low-income and minority individuals and older 
     individuals residing in rural areas'' and inserting ``, with 
     particular attention to low-income older individuals, 
     including low-income minority older individuals, older 
     individuals with limited English proficiency, and older 
     individuals residing in rural areas''.

     SEC. 21. SUPPORTIVE SERVICES AND SENIOR CENTERS PROGRAM.

       Section 321(a) of the Older Americans Act of 1965 (42 
     U.S.C. 3030d(a)) is amended--
       (1) in paragraph (8) by inserting ``(including mental 
     health screening)'' after ``screening'',
       (2) in paragraph (11) by inserting ``(including assistive 
     technology devices and assistive technology services)'' after 
     ``services'',
       (3) in paragraph (14)(B) by inserting ``(including mental 
     health)'' after ``health'',
       (4) in paragraph (21)--
       (A) by striking ``school-age children'' and inserting 
     ``students'', and
       (B) by inserting ``services to older individuals with 
     limited English proficiency and'' after ``including'',
       (5) in paragraph (22) by striking the period at the end and 
     inserting a semicolon,
       (6) by redesignating paragraph (23) as paragraph (25), and
       (7) by inserting after paragraph (22) the following:
       ``(23) services designed to support States, area agencies 
     on aging, and local service providers carry out and 
     coordinate, with respect to mental health services, 
     activities including outreach, education, screening, and 
     referral for treatment of older individuals;
       (24) activities to promote and disseminate information 
     about life-long learning programs, including opportunities 
     for distance teaching; and''.

[[Page 12009]]



     SEC. 22. NUTRITION SERVICE.

       After the heading of part C of title III of the Older 
     Americans Act of 1965 (42 U.S.C. 3030e-3030g-22), insert the 
     following:

     ``SEC. 330. PURPOSE.

       ``It is the purpose of this part to promote socialization 
     and the health and well-being of older individuals by 
     assisting such individuals to gain access to disease 
     prevention and health promotion services (including 
     information, nutrition services, and programs of physical 
     activity) to delay the onset of health conditions resulting 
     from poor nutritional health or sedentary behavior.''.

     SEC. 23. CONGREGATE NUTRITION PROGRAM.

       Section 331 of the Older Americans Act of 1965 (42 U.S.C. 
     3030e) is amended--
       (1) by striking ``projects--'' and inserting ``projects 
     that--'',
       (2) in paragraph (1) by striking ``which,'',
       (3) in paragraph (2)--
       (A) by striking ``which'' the last place it appears, and
       (B) by striking ``and'' at the end, and
       (4) by striking paragraph (3) and inserting the following:
       ``(3) provide nutrition education, nutrition counseling, 
     and other nutrition services, as appropriate, based on the 
     needs of meal participants; and
       ``(4) may provide along with a meal described in (1), a 
     multivitamin-mineral supplement as an addition to such 
     meal.''.

     SEC. 24. HOME DELIVERED NUTRITION SERVICES.

       Section 336 of the Older Americans Act of 1965 (42 U.S.C. 
     3030f) is amended to read as follows:

     ``SEC. 336. PROGRAM AUTHORIZED.

       ``The Assistant Secretary shall establish and carry out a 
     program to make grants to States under State plans approved 
     under section 307 for the establishment and operation of 
     nutrition projects for older individuals which provide, on 5 
     or more days a week (except in a rural area where such 
     frequency is not feasible (as defined by the Assistant 
     Secretary by rule) and a lesser frequency is approved by the 
     State agency)--
       ``(1) at least 1 home delivered meal per day consisting of 
     hot, cold, frozen, dried, canned, fresh, or supplemental 
     foods and any additional meals that the recipient of a grant 
     or contract under this subpart elects to provide; and
       ``(2) nutrition education, nutrition counseling, and other 
     nutrition services as appropriate, based on the needs of meal 
     recipients.''.

     SEC. 25. CRITERIA.

       Section 337 of the Older Americans Act of 1965 (42 U.S.C. 
     3030g) is amended to read as follows:

     ``SEC. 337. CRITERIA.

       ``The Assistant Secretary, in consultation with experts in 
     the field of nutrition science, dietetics, meal planning and 
     food service management, and aging, shall develop minimum 
     criteria of efficiency and quality for the furnishing of home 
     delivered meal services for projects described in section 
     336.''.

     SEC. 26. NUTRITION.

       Section 339 of the Older Americans Act of 1965 (42 U.S.C. 
     3030g-21) is amended--
       (1) by amending paragraph (1) to read as follows:
       ``(1) solicit the expertise of a dietitian or other 
     individual with equivalent education and training in 
     nutrition science, or if such an individual is not available, 
     an individual with comparable expertise in the planning of 
     nutritional services, and'', and
       (2) in paragraph (2)--
       (A) in subparagraph (A)--
       (i) by amending clause (i) to read as follows:
       ``(i) comply with the most recent Dietary Guidelines for 
     Americans, published by the Secretary and the Secretary of 
     Agriculture, and'', and
       (ii) in clause (ii) by striking ``daily recommended dietary 
     allowances as'' and inserting ``dietary reference intakes'',
       (B) in subparagraph (D)--
       (i) by inserting ``joint'' after ``encourages'', and
       (ii) by inserting ``shared'' after ``promote'',
       (C) by amending subparagraph (G) to read as follows:
       ``(G) ensures that local meal providers solicit the advice 
     and expertise of--
       ``(i) a dietitian or, if a dietitian is not available, an 
     individual with comparable expertise in the planning of 
     nutrition and food services,
       ``(ii) meal participants, and
       ``(iii) other individuals knowledgeable with regard to the 
     needs of older individuals,'',
       (D) in subparagraph (H) by striking ``and accompany'',
       (E) by amending subparagraph (J) to read as follows:
       ``(J) provides for nutrition screening and nutrition 
     education, and nutrition assessment and counseling if 
     appropriate, and'', and
       (F) by adding at the end the following:
       ``(K) encourages professionals who distribute nutrition 
     assistance under subpart 2 to provide information to 
     homebound seniors on how to get an influenza vaccination in 
     their local areas.''.

     SEC. 27. EVALUATION OF NUTRITION PROJECTS.

       (a) Study.--The Assistant Secretary for Aging shall use 
     funds allocated in section 206(g) of the Older Americans Act 
     of 1965 to enter into a contract with the Food and Nutrition 
     Board of the Institute of Medicine, for the purpose of 
     establishing an independent panel of experts that will 
     conduct an evidence-based evaluation of the nutrition 
     projects authorized in such Act. Such study shall, to the 
     extent data are available, include--
       (1) an evaluation of the effect of nutrition projects 
     authorized by such Act on--
       (A) health status of participants, including nutritional 
     status,
       (B) prevention of participant hunger and food insecurity, 
     and
       (C) ability of participants to remain living independently,
       (2) a cost-benefit analysis of nutrition projects 
     authorized by such Act, including the potential to affect 
     costs of Federal programs under title XIX of the Social 
     Security Act, and
       (3) recommendations for how nutrition projects authorized 
     by such Act may be modified to improve the outcomes described 
     in paragraph (1), including recommendations for improving the 
     nutritional quality of meals and other potential strategies 
     to improve the nutritional status of participants, including 
     vitamin-mineral supplementation.
       (b) Timing.--The Institute of Medicine shall establish an 
     independent panel of experts not later than 90 days after the 
     date of the enactment of this Act. The panel shall submit to 
     the Assistant Secretary the report described in subsection 
     (a) not later than 24 months after the date of the enactment 
     of this Act. The Assistant Secretary shall submit a report on 
     the findings of the evidence-based study described in such 
     subsection to the Committee on Education and the Workforce of 
     the House of Representatives and the Committee on Health, 
     Education, Labor and Pensions of the Senate.

     SEC. 28. IMPROVING INDOOR AIR QUALITY IN BUILDINGS WHERE 
                   SENIORS CONGREGATE.

       Section 361 of the Older Americans Act of 1965 (42 U.S.C. 
     3030m) is amended by adding at the end the following:
       ``(c) The Assistant Secretary shall work in consultation 
     with qualified experts to provide information on methods of 
     improving indoor air quality in buildings where seniors 
     congregate.''.

     SEC. 29. CAREGIVER SUPPORT PROGRAM DEFINITIONS.

       Section 372 of the National Family Caregiver Support Act 
     (42 U.S.C. 3030s) is amended--
       (1) in paragraph (1) by inserting ``or who is an individual 
     with a disability'' after ``age'',
       (2) in paragraph (2) by inserting ``or an individual with 
     Alzheimer's disease or a related disorder with neurological 
     and organic brain dysfunction'' before the period at the end, 
     and
       (3) in paragraph (3) by striking ``60'' and inserting 
     ``55''.

     SEC. 30. CAREGIVER SUPPORT PROGRAM.

       Section 373 of the National Family Caregiver Support Act 
     (42 U.S.C. 3030s-1) is amended--
       (1) in subsection (b)(3) by striking ``caregivers to 
     assist'' and all that follows through the end and inserting 
     the following: ``assist the caregivers in addressing 
     caregiver issues related to the areas of health, nutrition, 
     and financial literacy, and in making decisions and solving 
     problems relating to their caregiving roles;'',
       (2) by amending subsection (d) to read as follows:
       ``(d) Use of Volunteers.--In carrying out this subpart, 
     each area agency on aging shall encourage the use of trained 
     volunteers to expand the available services described in 
     subsection (b) and shall, if possible, coordinate with 
     volunteer programs (including programs administered by the 
     Corporation for National Service) designed to provide 
     training, placement, and stipends for volunteers in community 
     service settings.'',
       (3) in subsection (e)(3) by adding at the end the 
     following: ``The reports shall describe any mechanisms used 
     in the State to provide family caregivers of an older 
     individual and relative caregivers of a child or an adult 
     child with a disability, information about and access to 
     various services so that caregivers can better carry out 
     their care responsibilities.'',
       (4) in subsection (f)(1) by striking ``2001 through 2005'' 
     and inserting ``2007, 2008, 2009, 2010, and 2011'', and
       (5) in subsection (g)(2)(C) by inserting ``of a child who 
     is not more than 18 years of age'' before the period at the 
     end.

     SEC. 31. ACTIVITIES OF NATIONAL SIGNIFICANCE.

       Section 376 of the National Family Caregiver Support Act 
     (42 U.S.C. 3030s-12) is repealed.

     SEC. 32. TITLE IV GRANT PROGRAMS.

       Section 411 of the Older Americans Act of 1965 (42 U.S.C. 
     3032) is amended--
       (1) in subsection (a)--
       (A) in paragraph (8) by striking ``and'' at the end,
       (B) by redesignating paragraph (9) as paragraph (13), and
       (C) by inserting after paragraph (8) the following:
       ``(9) planning activities to prepare communities for the 
     aging of the population, which include--
       ``(A) efforts to assess the aging population;
       ``(B) activities to coordinate State and local agencies in 
     order to meet the needs of older individuals; and
       ``(C) training and technical assistance to support States, 
     area agencies on aging, and tribal organizations receiving a 
     grant under title VI, engage in community planning 
     activities; and
       ``(10) the development, implementation, and assessment of 
     technology-based service models and best practices, to 
     support the use of health monitoring and assessment 
     technologies, communication devices, assistive technologies, 
     and other technologies that may remotely connect family and 
     professional caregivers to frail elderly residing in home- 
     and community-based settings or rural areas;
       ``(11) conducting activities of national significance to 
     promote quality and continuous improvement in the support 
     provided to family and other informal caregivers of older 
     individuals through activities that include program 
     evaluation, training, technical assistance, and research, 
     including--

[[Page 12010]]

       ``(A) intergenerational programs--
       ``(i) providing support to grandparents and other older 
     relatives raising children (such as kinship navigator 
     programs); and
       ``(ii) involving senior volunteers who provide support and 
     information to families who have a child with a disability or 
     chronic illness, or other families in need of such family 
     support;
       ``(B) programs addressing unique issues faced by rural 
     caregivers;
       ``(C) programs focusing on the needs of older individuals 
     with cognitive impairment such as Alzheimer's disease and 
     other dementias, and their caregivers;
       ``(D) programs supporting caregivers in the role they play 
     in health promotion and disease prevention;
       ``(12)(A) building public awareness of cognitive impairment 
     such as Alzheimer's disease and related disorders with 
     neurological and organic brain dysfunction, depression, and 
     mental disorders; and
       ``(B) developing and enhancing multidisciplinary systems 
     for the delivery of mental health screening and treatment 
     referral services to improve access to community-based mental 
     health services for older individuals; and'', and
       (2) in subsection (b) by striking ``year'' and all that 
     follows through ``years'', and inserting ``years 2007, 2008, 
     2009, 2010, and 2011''.

     SEC. 33. CAREER PREPARATION FOR THE FIELD OF AGING.

       Section 412(a) of the Older Americans Act of 1965 (42 
     U.S.C. 3032a(a)) is amended by amending subsection (a) to 
     read as follows:
       ``(a) Grants.--The Assistant Secretary shall make grants to 
     institutions of higher education, including historically 
     Black colleges or universities, Hispanic serving 
     institutions, and Hispanic Centers of Excellence in Applied 
     Gerontology, to provide education and training that prepares 
     students for careers in the field of aging.''.

     SEC. 34. HEALTH CARE SERVICE DEMONSTRATION PROJECTS IN RURAL 
                   AREAS.

       Section 414 of the Older Americans Act of 1965 (42 U.S.C. 
     3032d) is amended--
       (1) in subsection (a) by inserting ``mental health 
     services,'' after ``care,'', and
       (2) in subsection (b)(1)(B)(i) by inserting ``mental 
     health,'' after ``health,''.

     SEC. 35. DEMONSTRATION PROJECTS FOR MULTIGENERATIONAL 
                   ACTIVITIES.

       Section 417(c)(2) of the Older Americans Act of 1965 (42 
     U.S.C. 3032f(c)(2)) is amended by striking ``(with particular 
     attention to low-income minority individuals and older 
     individuals residing in rural areas)'' and inserting ``(with 
     particular attention to low-income older individuals, 
     including low-income minority older individuals, older 
     individuals with limited English proficiency, and older 
     individuals residing in rural areas)''.

     SEC. 36. NATIVE AMERICAN PROGRAMS.

       Section 418(a)(2)(B)(i) of the Older Americans Act of 1965 
     (42 U.S.C. 3032g(a)(2)(B)(i)) is amended by inserting 
     ``(including mental health)'' after ``problems''.

     SEC. 37. MULTIDISCIPLINARY CENTERS.

       Section 419 of the Older Americans Act of 1995 (42 U.S.C. 
     3032h) is amended--
       (1) in subsection (a) by inserting ``diverse populations of 
     older individuals residing in urban communities,'' after 
     ``minority populations,'', and
       (2) in subsection (b)(2)--
       (A) in subparagraph (E) by inserting ``, including 
     information about best practices in long-term care service 
     delivery, housing, and transportation'' before the semicolon 
     at the end,
       (B) in subparagraph (F)--
       (i) by striking ``consultation and'',
       (ii) by inserting ``and other technical assistance'' after 
     ``information'', and
       (iii) by striking ``and'' at the end,
       (C) in subparagraph (G) by striking the period at the end 
     and inserting ``; and'', and
       (D) by adding at the end the following:
       ``(H) provide training and technical assistance to support 
     the provision of community-based mental health services for 
     older individuals.''.

     SEC. 38. RESPONSIBILITIES OF ASSISTANT SECRETARY.

       Section 432(c)(2)(B) of the Older Americans Act of 1965 (42 
     U.S.C. 3033a(c)(2)(B)) is amended by inserting ``, including 
     preparing an analysis of such services, projects, and 
     programs, and of how the evaluation relates to improvements 
     in such services, projects, and programs and in the strategic 
     plan of the Administration'' before the period at the end.

     SEC. 39. COMMUNITY SERVICE EMPLOYMENT-BASED TRAINING FOR 
                   OLDER AMERICANS.

       Title V of the Older Americans Act of 1965 (42 U.S.C. 3056 
     et seq.) is amended to read as follows:

   ``TITLE V--COMMUNITY SERVICE EMPLOYMENT-BASED TRAINING FOR OLDER 
                               AMERICANS

     ``SEC. 501. SHORT TITLE.

       ``This title may be cited as the `Older American Community 
     Service Employment-Based Training Act'.

     ``SEC. 502. OLDER AMERICAN COMMUNITY SERVICE EMPLOYMENT-BASED 
                   TRAINING PROGRAM.

       ``(a) To foster individual economic self-sufficiency and to 
     increase the number of individuals who may enjoy the benefits 
     of unsubsidized employment in both the public and private 
     sectors, the Secretary of Labor (hereafter in this title 
     referred to as the `Secretary') may establish an older 
     American community service employment-based training program 
     to foster and promote useful part-time public and private-
     sector employment-based training opportunities for unemployed 
     low-income eligible individuals who have poor employment 
     prospects and to provide vital social and human services to 
     communities by providing work experience to eligible 
     individuals in public agencies, community-based and faith-
     based organizations.
       ``(b)(1) To carry out this title, the Secretary may make 
     grants to public and nonprofit agencies and organizations, 
     agencies of a State, and tribal organizations to carry out 
     the program established under subsection (a). Such grants may 
     provide for the payment of costs, as provided in subsection 
     (c), of projects developed by such organizations and agencies 
     in cooperation with the Secretary in order to make such 
     program effective or to supplement such program. No payment 
     shall be made by the Secretary toward the cost of any project 
     established or administered by any organization or agency 
     unless the Secretary determines that such project--
       ``(A) shall provide authorized activities only for eligible 
     individuals, and that not less than 50 percent of hours 
     worked (in the aggregate) shall be in community service 
     employment-based training provided by a grantee in a program 
     year;
       ``(B)(i) shall provide authorized activities for eligible 
     individuals in the community in which such individuals 
     reside, or in nearby communities, and that not less than 50 
     percent of hours worked (in the aggregate) shall be in 
     community service employment-based training provided by a 
     grantee in a program year; or
       ``(ii) if such project is carried out by a tribal 
     organization that receives a grant under this subsection or 
     receives assistance from a State that receives a grant under 
     this subsection, will provide authorized activities, 
     including community service employment-based training for 
     such individuals, including those who are Indians residing on 
     an Indian reservation, as defined in section 2601(2) of the 
     Energy Policy Act of 1992 (25 U.S.C. 3501(2));
       ``(C) together with all the projects carried out under this 
     title in each program year by a grantee, will not provide for 
     participation under this title by eligible individuals (in 
     the aggregate) for an average period per capita that exceeds 
     24 months (whether or not consecutive) during the period 
     including the program year for which the determination under 
     this subparagraph is made and the previous program years in 
     which such grantee carried out projects under this title;
       ``(D) will provide employment-based training to eligible 
     individuals in service related to publicly owned and operated 
     facilities and projects, or projects sponsored by 
     profitmaking or nonprofit organizations (excluding political 
     parties exempt from taxation under section 501(c)(3) of the 
     Internal Revenue Code of 1986), but excluding projects 
     involving the construction, operation, or maintenance of any 
     facility used or to be used as a place for sectarian 
     religious instruction or worship;
       ``(E) will contribute to the general welfare of the 
     community, which may include support for children, youth, and 
     families;
       ``(F) is intended to result in unsubsidized employment for 
     eligible individuals after completion of such program;
       ``(G)(i) will not reduce the number of job opportunities or 
     vacancies that would otherwise be available to individuals 
     not participating in such program;
       ``(ii) will not displace currently employed workers 
     (including partial displacement, such as a reduction in the 
     hours of non-overtime work, wages, or employment benefits);
       ``(iii) will not impair existing contracts or result in the 
     substitution of Federal funds for other funds in connection 
     with work that would otherwise be performed; and
       ``(iv) will not place an eligible individual in employment-
     based training to perform work the same or substantially the 
     same work as that performed by any other individual who is on 
     layoff;
       ``(H) will coordinate with training and other services 
     provided under title I of the Workforce Investment Act, 
     including utilizing the One-Stop delivery system to recruit 
     eligible individuals to ensure that the maximum number of 
     eligible individuals will have an opportunity to participate 
     in the project;
       ``(I) will include such training (such as community service 
     employment-based training, work experience, on-the-job 
     training, and classroom training) as may be necessary to make 
     the most effective use of the skills and talents of those 
     individuals who are participating;
       ``(J) will ensure that safe and healthy conditions of the 
     employment-based training facility or other training facility 
     will be provided, and will ensure that individuals employed 
     in community service and other jobs assisted under this title 
     shall be paid wages that shall not be lower than whichever is 
     the highest of--
       ``(i) the minimum wage that would be applicable to the 
     employee under the Fair Labor Standards Act of 1938, if 
     section 6(a)(1) of such Act applied to the participant and if 
     the participant were not exempt under section 13 thereof;
       ``(ii) the State or local minimum wage for the most nearly 
     comparable covered employment; or
       ``(iii) the prevailing rates of pay for individuals 
     employed in similar occupations by the same employer;
       ``(K) will be established or administered with the advice 
     of persons competent in the field of service in which job 
     training is being provided, and of persons who are 
     knowledgeable about the needs of older individuals;
       ``(L) will authorize payment for necessary supportive 
     services costs, (including transportation costs) of eligible 
     individuals that may be

[[Page 12011]]

     incurred in training in any project funded under this title, 
     in accordance with rules issued by the Secretary;
       ``(M) will ensure that, to the extent feasible, such 
     project will serve the needs of minority, limited English-
     speaking, and Indian eligible individuals, and eligible 
     individuals who have the greatest economic need, at least in 
     proportion to their numbers in the State and take into 
     consideration their rates of poverty and unemployment;
       ``(N)(i) will prepare an assessment of the participants' 
     skills and talents and their needs for services, except to 
     the extent such project has, for the participant involved, 
     recently prepared an assessment of such skills and talents, 
     and such needs, pursuant to another employment or training 
     program (such as a program under the Workforce Investment Act 
     of 1998 (29 U.S.C. 2801 et seq.), the Carl D. Perkins 
     Vocational and Technical Education Act of 1998 (20 U.S.C. 
     2301 et seq.), or part A of title IV of the Social Security 
     Act (42 U.S.C. 601 et seq.));
       ``(ii) will provide training and employment counseling to 
     eligible individuals based on strategies that identify 
     appropriate employment objectives and the need for supportive 
     services, developed as a result of the assessment and service 
     strategy provided for in clause (i), and provide other 
     appropriate information regarding such program; and
       ``(iii) will provide counseling to participants on their 
     progress in meeting such objectives and satisfying their need 
     for supportive services;
       ``(O) will provide appropriate services for participants 
     through the One-Stop delivery system as established under 
     section 134(c) of the Workforce Investment Act of 1998 (29 
     U.S.C. 2864(c)), and will be involved in the planning and 
     operations of such system pursuant to a memorandum of 
     understanding with the local workforce investment board in 
     accordance with section 121(c) of such Act (29 U.S.C. 
     2841(c));
       ``(P) will post in such project workplace a notice, and 
     will make available to each person associated with such 
     project a written explanation--
       ``(i) clarifying the law with respect to political 
     activities allowable and unallowable under chapter 15 of 
     title 5, United States Code, applicable to the project and to 
     each category of individuals associated with such project; 
     and
       ``(ii) containing the address and telephone number of the 
     Inspector General of the Department of Labor, to whom 
     questions regarding the application of such chapter may be 
     addressed;
       ``(Q) will provide to the Secretary the description and 
     information described in--
       ``(i) paragraph (8), relating to coordination with other 
     Federal programs, of section 112(b) of the Workforce and 
     Investment Act of 1998; and
       ``(ii) paragraph (14), relating to implementation of One-
     Stop delivery systems, of section 112(b) of the Workforce 
     Investment Act of 1998; and
       ``(R) will ensure that entities that carry out activities 
     under the project (including State agencies, local entities, 
     subgrantees, subcontractors) and affiliates of such entities 
     receive an amount of the administrative cost allocation 
     determined by the Secretary to be sufficient.
       ``(2) The Secretary may establish, issue, and amend such 
     regulations as may be necessary to effectively carry out this 
     title.
       ``(3)(A) An assessment and service strategy required by 
     paragraph (1) to be prepared for an eligible individual shall 
     satisfy any condition for an assessment and service strategy 
     or individual employment plan for an adult participant under 
     subtitle B of title I of the Workforce Investment Act of 1998 
     (29 U.S.C. 2811 et seq.), in order to determine whether such 
     eligible individual also qualifies for intensive or training 
     services described in section 134(d) of such Act (29 U.S.C. 
     2864(d)).
       ``(B) An assessment and service strategy or individual 
     employment plan prepared under subtitle B of title I of the 
     Workforce Investment Act of 1998 (29 U.S.C. 2811 et seq.) for 
     an eligible individual may be used to comply with the 
     requirement specified in subparagraph (A).
       ``(c)(1) The Secretary may pay a share not to exceed 90 
     percent of the cost of any project for which a grant is made 
     under subsection (b), except that the Secretary may pay all 
     of such cost if such project is--
       ``(A) an emergency or disaster project; or
       ``(B) a project located in an economically depressed area, 
     as determined by the Secretary in consultation with the 
     Secretary of Commerce and the Secretary of Health and Human 
     Services.
       ``(2) The non-Federal share shall be in cash or in kind. In 
     determining the amount of the non-Federal share, the 
     Secretary may attribute fair market value to services and 
     facilities contributed from non-Federal sources.
       ``(3) Of the amount to be paid under this subsection by the 
     Secretary for a project, not to exceed 13.5 percent shall be 
     available for any fiscal year to pay the administrative costs 
     of such project, except that--
       ``(A) the Secretary may increase the amount available to 
     pay administrative costs to an amount not to exceed 15 
     percent of the cost of such project if the Secretary 
     determines, based on information submitted by the grantee 
     under subsection (b), that such increase is necessary to 
     carry out such project; and
       ``(B) if the grantee under subsection (b) demonstrates to 
     the Secretary that--
       ``(i) major administrative cost increases are being 
     incurred in necessary program components, including liability 
     insurance, payments for workers' compensation, costs 
     associated with achieving unsubsidized placement goals, and 
     other operation requirements imposed by the Secretary;
       ``(ii) the number of positions in the project or the number 
     of minority eligible individuals participating in the project 
     will decline if the amount available to pay administrative 
     costs is not increased; or
       ``(iii) the size of the project is so small that the amount 
     of administrative costs incurred to carry out the project 
     necessarily exceeds 13.5 percent of the cost of such project;
     the Secretary shall increase the amount available for such 
     fiscal year to pay administrative costs to an amount not to 
     exceed 15 percent of the cost of such project.
       ``(4) Administrative costs are the costs, both personnel 
     and non-personnel and both direct and indirect, associated 
     with the following:
       ``(A) The costs of performing general administrative 
     functions and of providing for the coordination of functions, 
     such as--
       ``(i) accounting, budgeting, financial, cash management and 
     related data processing;
       ``(ii) quality assurance;
       ``(iii) preparing program plans;
       ``(iv) procurement and purchasing;
       ``(v) property management;
       ``(vi) personnel management, including personnel 
     administration, administration of affirmative action plans, 
     and training and staff development;
       ``(vii) administrative salaries, including clerical and 
     other support staff salaries;
       ``(viii) payroll functions;
       ``(ix) coordinating the resolution of findings arising from 
     audits, reviews, investigations, and incident reports;
       ``(x) audit;
       ``(xi) general legal services;
       ``(xii) developing systems and procedures, including 
     information systems, required for administrative functions;
       ``(xiii) preparing reports; and
       ``(xiv) other activities necessary for the general 
     administration of government funds and associated programs.
       ``(B) The costs of performing oversight and monitoring 
     responsibilities.
       ``(C) The costs of goods and services required for 
     administrative functions of such program, including goods and 
     services such as rental or purchase of equipment, utilities, 
     office supplies, postage, and rental and maintenance of 
     office space.
       ``(D) The travel costs incurred for official business in 
     carrying out such program, excluding travel costs related to 
     providing services.
       ``(E) The costs of information systems related to 
     personnel, procurement, purchasing, property management, 
     accounting, and payroll systems), including the purchase, 
     systems development, and operating costs of such systems.
       ``(F) The costs of technical assistance, professional 
     organization membership dues, removal of architectural 
     barriers, operating and maintaining assistive technology, and 
     evaluating program results against stated objectives.
       ``(5) To the extent practicable, an entity that carries out 
     a project under this title shall provide for the payment of 
     the expenses described in paragraph (4) from non-Federal 
     sources.
       ``(6)(A) Amounts made available for a project under this 
     title that are not used to pay for the administrative costs 
     shall be used to pay for the costs of programmatic 
     activities, including--
       ``(i) participant wages, such benefits as are required by 
     law (such as workers compensation or unemployment 
     compensation), the costs of physical examinations, 
     compensation for scheduled work hours during which an 
     employer is closed for a Federal holiday, and necessary sick 
     leave that is not part of an accumulated sick leave program, 
     except that no amounts provided under this title may be used 
     to pay the cost of pension benefits, annual leave, 
     accumulated sick leave, or bonuses;
       ``(ii) participant training (including the payment of 
     reasonable costs of instructors, classroom rental, training 
     supplies, materials, equipment, and tuition) which may be 
     provided prior to or subsequent to placement and which may be 
     provided on the job, in a classroom setting or pursuant to 
     other appropriate arrangements;
       ``(iii) job placement assistance, including job development 
     and job search assistance;
       ``(iv) participant supportive services to enable a 
     participant to successfully participate in a project under 
     this title, which may include the payment of reasonable costs 
     of transportation, special job-related or personal 
     counseling, incidentals (such as work shoes, badges, 
     uniforms, eyeglasses, and tools), child and adult care, 
     temporary shelter, and follow-up services; and
       ``(v) outreach, recruitment, and selection, intake, 
     orientation, and assessments.
       ``(B) Not less than 65 percent of the funds made available 
     under a grant made under this title (excluding a grant made 
     under subsection (d)) shall be used to pay wages and benefits 
     for eligible individuals who are employed under projects 
     carried out under this title.
       ``(d) Pilot, Demonstration, and Evaluation Projects.--The 
     Secretary shall use funds reserved under section 506(a)(1) to 
     carry out demonstration projects, pilot projects, and 
     evaluation projects, for the purpose of developing and 
     implementing techniques and approaches, and demonstrating the 
     effectiveness of the specialized methods, in addressing the 
     employment and training needs of eligible individuals. Such 
     projects may include--
       ``(1) activities linking businesses and eligible 
     individuals, including assistance to participants 
     transitioning from subsidized activities to private-sector 
     employment; and
       ``(2) demonstration projects and pilot projects designed 
     to--

[[Page 12012]]

       ``(A) attract more eligible individuals into the labor 
     force;
       ``(B) improve the provision of services to eligible 
     individuals under the One-Stop delivery system established in 
     accordance with title I of the Workforce Investment Act of 
     1998;
       ``(C) enhance the technological skills of eligible 
     individuals; and
       ``(D) provide incentives to grantees under this title for 
     exemplary performance and incentives to businesses to promote 
     their participation in the program under this title;
       ``(3) demonstration projects and pilot projects, as 
     described in paragraph (2), for older workers only if such 
     demonstration projects and pilot projects are designed to 
     assist in developing and implementing techniques and 
     approaches in addressing the employment and training needs of 
     eligible individuals;
       ``(4) training and technical assistance to support any 
     project funded under this title;
       ``(5) dissemination of best practices; and
       ``(6) evaluation of the activities authorized under this 
     title.

     ``SEC. 503. ADMINISTRATION.

       ``(a) State Plan.--
       ``(1) Chief executive officer submits plan.--For a State to 
     be eligible to receive an allotment under section, 506, the 
     chief executive officer of the State shall submit to the 
     Secretary for consideration and approval, a single State plan 
     (referred to in this title as the `State plan') that outlines 
     a 3-year strategy for the statewide provision of training and 
     related activities for eligible individuals under this title. 
     The plan shall contain such provisions as the Secretary may 
     require, consistent with this title, including a description 
     of the process used to ensure the participation of 
     individuals described in paragraph (2).
       ``(2) Recommendations.--In developing the State plan prior 
     to its submission to the Secretary, the chief executive 
     officer of the State shall seek the advice and 
     recommendations of--
       ``(A) individuals representing the State agency and the 
     area agencies on aging in the State, and the State and local 
     workforce investment boards established under title I of the 
     Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.);
       ``(B) individuals representing public and nonprofit private 
     agencies and organizations providing employment services, 
     including each grantee operating a project under this title 
     in the State; and
       ``(C) individuals representing social service organizations 
     providing services to older individuals, grantees under title 
     III of this Act, affected communities, unemployed older 
     individuals, community-based organizations serving the needs 
     of older individuals, business organizations, and labor 
     organizations.
       ``(3) Comments.--Any State plan submitted by the chief 
     executive officer in accordance with paragraph (1) shall be 
     accompanied by copies of public comments relating to the plan 
     received pursuant to paragraph (4) and a summary thereof.
       ``(4) Plan provisions.--The State plan shall identify and 
     address--
       ``(A) the relationship that the number of eligible 
     individuals in each area bears to the total number of 
     eligible individuals, respectively, in the State;
       ``(B) the relative distribution of eligible individuals 
     residing in rural and urban areas in the State; and
       ``(C) the relative distribution of--
       ``(i) eligible individuals who are individuals with 
     greatest economic need;
       ``(ii) eligible individuals who are minority individuals, 
     including individuals who are limited English proficient; and
       ``(iii) eligible individuals who are individuals with 
     greatest social need;
       ``(D) the current and projected employment opportunities in 
     the State, by occupation, and the type of skills possessed by 
     local eligible individuals;
       ``(E) the localities and populations for which projects of 
     the type authorized by this title are most needed; and
       ``(F) plans for facilitating the coordination of activities 
     of grantees in the State under this title with activities 
     carried out in the State under title I of the Workforce 
     Investment Act of 1998.
       ``(5) Chief executive officer's recommendations on grant 
     proposals.--Before a proposal for a grant under this title 
     for any fiscal year is submitted to the Secretary, the chief 
     executive officer of each State in which projects are 
     proposed to be conducted under such grant shall be afforded a 
     reasonable opportunity to submit recommendations to the 
     Secretary--
       ``(A) regarding the anticipated effect of each such 
     proposal upon the overall distribution of enrollment 
     positions under this title in the State (including such 
     distribution among urban and rural areas), taking into 
     account the total number of positions to be provided by all 
     grantees in the State;
       ``(B) any recommendations for redistribution of positions 
     to under served areas as vacancies occur in previously 
     encumbered positions in other areas; and
       ``(C) in the case of any increase in funding that may be 
     available for use in the State under this title for any 
     fiscal year, any recommendations for distribution of newly 
     available positions in excess of those available during the 
     preceding year to underserved areas.
       ``(6) Disruptions.--In developing plans and considering 
     recommendations under this subsection, disruptions in the 
     provision of services for current participants shall be 
     avoided to the greatest possible extent.
       ``(7) Determination; review.--
       ``(A) Determination.--In order to effectively carry out 
     this title, each State shall make the State plan available 
     for public comment. The Secretary, in consultation with the 
     Assistant Secretary, shall review the plan and make a written 
     determination with findings and a decision regarding the 
     plan.
       ``(B) Review.--The Secretary may review, on the Secretary's 
     own initiative or at the request of any public or private 
     agency or organization or of any agency of the State, the 
     distribution of projects and services under this title in the 
     State including the distribution between urban and rural 
     areas in the State. For each proposed reallocation of 
     projects or services in a State, the Secretary shall give 
     notice and opportunity for public comment.
       ``(8) Exemption.--The grantees that serve eligible 
     individuals who are older Indians with funds reserved under 
     section 506(a)(3) may not be required to participate in the 
     State planning processes described in this section but will 
     collaborate with the Secretary to develop a plan for projects 
     and services to eligible individuals who are Indians.
       ``(b) Coordination With Other Federal Programs.--
       ``(1) The Secretary and the Assistant Secretary shall 
     coordinate the program carried out under this title with 
     programs carried out under other titles of this Act, to 
     increase job opportunities available to older individuals.
       ``(2) The Secretary shall coordinate programs carried out 
     under this title with the program carried out under the 
     Workforce Investment Act of 1998, the Community Services 
     Block Grant Act, the Rehabilitation Act of 1973, the Carl D. 
     Perkins Vocational and Technical Education Act of 1998 (20 
     U.S.C. 2301 et seq.), the National and Community Service Act 
     of 1990 (42 U.S.C. 12501 et seq.), and the Domestic Volunteer 
     Service Act of 1973 (42 U.S.C. 4950 et seq.). The Secretary 
     shall coordinate the administration of this title with the 
     administration of other titles of this Act by the Assistant 
     Secretary to increase the likelihood that eligible 
     individuals for whom employment opportunities under this 
     title are available and who need services under such titles 
     receive such services. Funds appropriated to carry out this 
     title may not be used to carry out any program under the 
     Workforce Investment Act of 1998, the Community Services 
     Block Grant Act, the Rehabilitation Act of 1973, the Carl D. 
     Perkins Vocational and Technical Education Act of 1998, the 
     National and Community Service Act of 1990, or the Domestic 
     Volunteer Service Act of 1973. The preceding sentence shall 
     not be construed to prohibit carrying out projects under this 
     title jointly with programs, projects, or activities under 
     any Act specified in such sentence, or from carrying out 
     section 512.
       ``(3) The Secretary shall distribute to grantees under this 
     title, for distribution to program participants, and at no 
     cost to grantees or participants, informational materials 
     developed and supplied by the Equal Employment Opportunity 
     Commission and other appropriate Federal agencies that the 
     Secretary determines are designed to help participants 
     identify age discrimination and to understand their rights 
     under the Age Discrimination in Employment Act of 1967.
       ``(c) In carrying out this title, the Secretary may use, 
     with their consent, the services, equipment, personnel, and 
     facilities of Federal and other agencies with or without 
     reimbursement, and on a similar basis to cooperate with other 
     public and private agencies and instrumentalities in the use 
     of services, equipment, and facilities.
       ``(d) Payments under this title may be made in advance or 
     by way of reimbursement and in such installments as the 
     Secretary may determine.
       ``(e) The Secretary shall not delegate any function of the 
     Secretary under this title to any other Federal officer or 
     entity.
       ``(f)(1) The Secretary shall monitor projects for which 
     grants are made under this title to determine whether the 
     grantees are complying with rules and regulations issued to 
     carry out this title (including the statewide planning, 
     consultation, and coordination requirements of this title).
       ``(2) Each grantee that receives funds under this title 
     shall comply with the applicable uniform cost principles and 
     appropriate administrative requirements for grants and 
     contracts that are applicable to the type of entity that 
     receives funds, as issued as circulars or rules of the Office 
     of Management and Budget.
       ``(3) Each grantee described in paragraph (2) shall prepare 
     and submit a report in such manner and containing such 
     information as the Secretary may require regarding activities 
     carried out under this title.
       ``(4) Each grantee described in paragraph (2) shall keep 
     records that--
       ``(A) are sufficient to permit the preparation of reports 
     required by this title;
       ``(B) are sufficient to permit the tracing of funds to a 
     level of expenditure adequate to ensure that the funds have 
     not been spent unlawfully; and
       ``(C) contain any other information that the Secretary 
     determines to be appropriate.
       ``(g) The Secretary shall establish by rule and implement a 
     process to evaluate, in accordance with section 513, the 
     performance of projects and services carried out under this 
     title. The Secretary shall report to the Congress, and make 
     available to the public, the results of each such evaluation 
     and shall use such evaluation to improve services delivered 
     by, or the operation of, projects carried out under this 
     title.

     ``SEC. 504. PARTICIPANTS NOT FEDERAL EMPLOYEES.

       ``(a) Eligible individuals who are participants in 
     authorized activities in any project funded

[[Page 12013]]

     under this title shall not be considered to be Federal 
     employees as a result of such participation and shall not be 
     subject to part III of title 5, United States Code.
       ``(b) No grant, subgrant, contract or subcontract shall be 
     entered into under this title with an entity who is, or whose 
     employees are, under State law, exempted from operation of 
     the State workers' compensation law, generally applicable to 
     employees unless the entity shall undertake to provide either 
     through insurance by a recognized carrier or by self-
     insurance, as authorized by State law, that the persons 
     employed under the grant, contract, subgrant, or subcontract 
     shall enjoy workers' compensation coverage equal to that 
     provided by law for covered employment.

     ``SEC. 505. INTERAGENCY COOPERATION.

       ``(a) The Secretary shall consult with and obtain the 
     written views of the Assistant Secretary before issuing rules 
     and before establishing general policy in the administration 
     of this title.
       ``(b) The Secretary shall consult and cooperate with the 
     Director of the Office of Community Services, the Secretary 
     of Health and Human Services, and the heads of other Federal 
     agencies that carry out related programs, in order to achieve 
     optimal coordination with such other programs. In carrying 
     out this section, the Secretary shall promote programs or 
     projects of a similar nature. Each Federal agency shall 
     cooperate with the Secretary in disseminating information 
     relating to the availability of assistance under this title 
     and in promoting the identification and interests of 
     individuals eligible for employment in projects assisted 
     under this title.
       ``(c)(1) The Secretary shall promote and coordinate 
     carrying out projects under this title jointly with programs, 
     projects, or activities carried out under other Acts, 
     especially activities provided under the Workforce Investment 
     Act of 1998 (29 U.S.C. 2801 et seq.), including activities 
     provided through One-Stop delivery systems established under 
     section 134(c)) of such Act (29 U.S.C. 2864(c)), that provide 
     training and employment opportunities to eligible 
     individuals.
       ``(2) The Secretary shall consult with the Secretary of 
     Education to promote and coordinate carrying out projects 
     under this title jointly with workforce investment activities 
     in which eligible individuals may participate that are 
     carried out under the Carl D. Perkins Vocational and 
     Technical Education Act of 1998.

     ``SEC. 506. DISTRIBUTION OF ASSISTANCE.

       ``(a) Reservations.--
       ``(1) Reservation for national activities.--Of the funds 
     appropriated to carry out this title for each fiscal year, 
     the Secretary may first reserve up to 1.5 percent to carry 
     out demonstration projects, pilot projects, and evaluation 
     projects under section 502(d).
       ``(2) Reservation for territories.--Of the funds 
     appropriated to carry out this title for each fiscal year, 
     the Secretary shall reserve up to 0.75 percent, of which--
       ``(A) Guam, American Samoa, and the United States Virgin 
     Islands shall each receive 30 percent of the funds so 
     reserved; and
       ``(B) the Commonwealth of the Northern Mariana Islands 
     shall receive 10 percent of the funds so reserved.
       ``(3) Reservation for organizations.--Of the funds 
     appropriated to carry out this title for each fiscal year, 
     the Secretary shall reserve such amount as may be necessary 
     to make national grants to public or nonprofit national 
     Indian aging organizations with the ability to provide 
     authorized activities for eligible individuals who are 
     Indians and to national public or nonprofit Pacific Island 
     and Asian American aging organizations with the ability to 
     provide authorized activities for eligible individuals who 
     are Pacific Island and Asian Americans.
       ``(b) State Allotments.--The allotment for each State shall 
     be the sum of the amounts allotted for national grants in 
     such State under subsection (d) and for the grant to such 
     State under subsection (e).
       ``(c) Division Between National Grants and Grants to 
     States.--The funds appropriated to carry out this title for 
     any fiscal year that remain after amounts are reserved under 
     paragraphs (1), (2), and (3) of subsection (a), shall be 
     divided by the Secretary between national grants and grants 
     to States as follows:
       ``(1) Reservation of funds for fiscal year 2006 level of 
     activities.--
       ``(A) The Secretary shall reserve the amount of funds 
     necessary to maintain the fiscal year 2006 level of 
     activities supported by grantees that operate under this 
     title under national grants from the Secretary, and the 
     fiscal year 2006 level of activities supported by State 
     grantees under this title, in proportion to their respective 
     fiscal year 2006 levels of activities.
       ``(B) If in any fiscal year for which the funds 
     appropriated to carry out this title are insufficient to 
     satisfy the requirement specified in subparagraph (A), then 
     the amount described in subparagraph (A) shall be reduced 
     proportionally.
       ``(2) Funding in excess of fiscal year 2006 level of 
     activities.--
       ``(A) Up to $35,000,000.--The amount of funds remaining 
     after the application of paragraph (1), but not to exceed 
     $35,000,000, shall be divided so that 75 percent shall be 
     provided to State grantees and 25 percent shall be provided 
     to grantees that operate under this title under national 
     grants from the Secretary.
       ``(B) Over $35,000,000.--The amount of funds remaining (if 
     any) after the application of subparagraph (A) shall be 
     divided so that 50 percent shall be provided to State 
     grantees and 50 percent shall be provided to grantees that 
     operate under this title under national grants from the 
     Secretary.
       ``(d) Allotments for National Grants.--From funds available 
     under subsection (c) for national grants, the Secretary shall 
     allot for public and nonprofit private agency and 
     organization grantees that operate under this title under 
     national grants from the Secretary in each State, an amount 
     that bears the same ratio to such funds as the product of the 
     number of individuals 55 years of age or older in the State 
     and the allotment percentage of such State bears to the sum 
     of the corresponding products for all States, except as 
     follows:
       ``(1) Minimum allotment.--No State shall be provided an 
     amount under this subsection that is less than \1/2\ of 1 
     percent of the amount provided under subsection (c) for 
     public and nonprofit private agency and organization grantees 
     that operate under this title under national grants from the 
     Secretary in all of the States.
       ``(2) Hold harmless.--If the amount provided under 
     subsection (c) is--
       ``(A) equal to or less than the amount necessary to 
     maintain the fiscal year 2006 level of activities, allotments 
     for grantees that operate under this title under national 
     grants from the Secretary in each State shall be proportional 
     to their fiscal year 2006 level of activities; or
       ``(B) greater than the amount necessary to maintain the 
     fiscal year 2006 level of activities, no State shall be 
     provided a percentage increase above the fiscal year 2006 
     level of activities for grantees that operate under this 
     title under national grants from the Secretary in the State 
     that is less than 30 percent of such percentage increase 
     above the fiscal year 2006 level of activities for public and 
     nonprofit private agency and organization grantees that 
     operate under this title under national grants from the 
     Secretary in all of the States.
       ``(3) Reduction.--Allotments for States not affected by 
     paragraphs (1) and (2)(B) of this subsection shall be reduced 
     proportionally to satisfy the conditions in such paragraphs.
       ``(e) Allotments for Grants to States.--From the amount 
     provided for grants to States under subsection (c), the 
     Secretary shall allot for the State grantee in each State an 
     amount that bears the same ratio to such amount as the 
     product of the number of individuals 55 years of age or older 
     in the State and the allotment percentage of such State bears 
     to the sum of the corresponding product for all States, 
     except as follows:
       ``(1) Minimum allotment.--No State shall be provided an 
     amount under this subsection that is less than \1/2\ of 1 
     percent of the amount provided under subsection (c) for State 
     grantees in all of the States.
       ``(2) Hold harmless.--If the amount provided under 
     subsection (c) is--
       ``(A) equal to or less than the amount necessary to 
     maintain the fiscal year 2006 level of activities, allotments 
     for State grantees in each State shall be proportional to 
     their fiscal year 2006 level of activities; or
       ``(B) greater than the amount necessary to maintain the 
     fiscal year 2006 level of activities, no State shall be 
     provided a percentage increase above the fiscal year 2006 
     level of activities for State grantees in the State that is 
     less than 30 percent of such percentage increase above the 
     fiscal year 2006 level of activities for State grantees in 
     all of the States.
       ``(3) Reduction.--Allotments for States not affected by 
     paragraphs (1) and (2)(B) of this subsection shall be reduced 
     proportionally to satisfy the conditions in such paragraphs.
       ``(f) Allotment Percentage.--For purposes of subsections 
     (d) and (e)--
       ``(1) the allotment percentage of each State shall be 100 
     percent less that percentage that bears the same ratio to 50 
     percent as the per capita income of such State bears to the 
     per capita income of the United States, except that--
       ``(A) the allotment percentage shall be not more than 75 
     percent and not less than 33 percent; and
       ``(B) the allotment percentage for the District of Columbia 
     and the Commonwealth of Puerto Rico shall be 75 percent;
       ``(2) the number of individuals 55 years of age or older in 
     any State and in all States, and the per capita income in any 
     State and in all States, shall be determined by the Secretary 
     on the basis of the most satisfactory data available to the 
     Secretary; and
       ``(3) for the purpose of determining the allotment 
     percentage, the term `United States' means the 50 States and 
     the District of Columbia.
       ``(g) Definitions.--For purposes of this section:
       ``(1) Cost per authorized position.--The term `cost per 
     authorized position' means the sum of--
       ``(A) the hourly minimum wage rate specified in section 
     6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 
     206(a)(1)), multiplied by the number of hours equal to the 
     product of 21 hours and 52 weeks;
       ``(B) an amount equal to 11 percent of the amount specified 
     under subparagraph (A), for the purpose of covering Federal 
     payments for fringe benefits; and
       ``(C) an amount determined by the Secretary, for the 
     purpose of covering Federal payments for the remainder of all 
     other program and administrative costs.
       ``(2) Fiscal year 2006 level of activities.--The term 
     `fiscal year 2006 level of activities' means--
       ``(A) with respect to public and nonprofit private agency 
     and organization grantees that operate under this title under 
     national grants from the Secretary, their level of activities 
     for fiscal year 2006; and
       ``(B) with respect to State grantees, their level of 
     activities for fiscal year 2006.

[[Page 12014]]

       ``(3) Grants to states.--The term `grants to States' means 
     grants made under this title by the Secretary to the States.
       ``(4) Level of activities.--The term `level of activities' 
     means the number of authorized positions multiplied by the 
     cost per authorized position.
       ``(5) National grants.--The term `national grants' means 
     grants made under this title by the Secretary to public and 
     nonprofit private agency and organization grantees that 
     operate under this title under national grants from the 
     Secretary.
       ``(6) State.--The term `State' does not include Guam, 
     American Samoa, the Commonwealth of the Northern Mariana 
     Islands, and the United States Virgin Islands.

     ``SEC. 507. EQUITABLE DISTRIBUTION.

       ``(a) Interstate Allocation.--In making grants under 
     section 506, the Secretary shall ensure, to the extent 
     feasible, an equitable distribution of activities under such 
     grants, in the aggregate, among the States, taking into 
     account the needs of underserved States.
       ``(b) Intrastate Allocation.--The amount allocated for 
     projects within each State under section 506 shall be 
     allocated among areas in the State in an equitable manner, 
     taking into consideration the State priorities set out in the 
     State plan in effect under section 503(a).

     ``SEC. 508. REPORT.

       ``To carry out the Secretary's responsibilities for 
     reporting in section 503(g), the Secretary shall require the 
     State agency for each State that receives funds under this 
     title to prepare and submit a report at the beginning of each 
     fiscal year on such State's compliance with section 507(b). 
     Such report shall include the names and geographic location 
     of all projects assisted under this title and carried out in 
     the State and the amount allocated to each such project under 
     section 506.

     ``SEC. 509. EMPLOYMENT ASSISTANCE AND FEDERAL HOUSING AND 
                   FOOD STAMP PROGRAMS.

       ``Funds received by eligible individuals from projects 
     carried out under the program established in this title shall 
     not be considered to be income of such individuals for 
     purposes of determining the eligibility of such individuals, 
     or of any other individuals, to participate in any housing 
     program for which Federal funds may be available or for any 
     income determination under the Food Stamp Act of 1977.

     ``SEC. 510. ELIGIBILITY FOR WORKFORCE INVESTMENT ACTIVITIES.

       ``Eligible individuals under this title may be considered 
     by local workforce investment boards established under title 
     I of the Workforce Investment Act of 1998 to satisfy the 
     requirements for receiving services under such title I that 
     are applicable to adults.

     ``SEC. 511. TREATMENT OF ASSISTANCE.

       ``Assistance provided under this title shall not be 
     considered to be financial assistance described in section 
     245A(h)(1)(A) of the Immigration and Nationality Act (8 
     U.S.C. 1255A(h)(1)(A)).

     ``SEC. 512. COORDINATION WITH THE WORKFORCE INVESTMENT ACT OF 
                   1998.

       ``(a) Partners.--Grantees under this title shall be One-
     Stop partners as described in subparagraphs (A) and (B)(vi) 
     of section 121(b)(1) of the Workforce Investment Act of 1998 
     (29 U.S.C. 2841(b)(1)) in the One-Stop delivery system 
     established under section 134(c)) of such Act (29 U.S.C. 
     2864(c))) for the appropriate local workforce investment 
     areas, and shall carry out the responsibilities relating to 
     such partners.
       ``(b) Coordination.--In local workforce investment areas 
     where more than 1 grantee under this title provides services, 
     the grantees shall--
       ``(1) coordinate their activities related to the One-Stop 
     delivery system; and
       ``(2) shall be signatories of the memorandum of 
     understanding established under section 121(c) of the 
     Workforce Investment Act of 1998 (29 U.S.C. 2841(c)).

     ``SEC. 513. PERFORMANCE.

       ``(a) Measures.--
       ``(1) Establishment of measures.--The Secretary shall 
     establish, in consultation with grantees, subgrantees, and 
     host agencies under this title, States, older individuals, 
     area agencies on aging, and other organizations serving older 
     individuals, performance measures for each grantee for 
     projects and services carried out under this title.
       ``(2) Content.--
       ``(A) Composition of measures.--The performance measures 
     established by the Secretary in accordance with paragraph (1) 
     shall consist of--
       ``(i) core indicators of performance specified in 
     subsection (b)(1) and the expected levels of performance 
     applicable to each core indicator of performance, and
       ``(ii) additional indicators of performance specified in 
     subsection (b)(2).
       ``(B) Continuous improvement.--The measures described in 
     subparagraph (A)(i) shall be designed to promote continuous 
     improvement in performance.
       ``(C) Expected levels of performance.--The Secretary and 
     each grantee shall reach agreement on the expected levels of 
     performance for each program year for each of the core 
     indicators of performance specified in subsection (b)(1). The 
     agreement shall take into account the factors described in 
     subparagraphs (B) and (D) and other appropriate factors as 
     determined by the Secretary, and shall be consistent with the 
     requirements of subparagraph (E). Funds under the grant may 
     not be awarded until such agreement is reached.
       ``(D) Adjustment.--The expected levels of performance 
     described in subparagraph (C) applicable to a grantee shall 
     be adjusted after the agreement under subparagraph (C) has 
     been reached only with respect to the following factors:
       ``(i) High rates of unemployment or of poverty or welfare 
     participation, in the areas served by a grantee, relative to 
     other areas of the State or Nation.
       ``(ii) Significant downturns in the areas served by the 
     grantee or in the national economy.
       ``(iii) Significant numbers or proportions of participants 
     with 1 or more barriers to employment served by a grantee 
     relative to grantees serving other areas of the State or 
     Nation.
       ``(iv) Changes in Federal, State, or local minimum wage 
     requirements.
       ``(E) Placement.--
       ``(i) Level of performance.--For all grantees, the 
     Secretary shall establish a level of performance of not less 
     than the percentage specified in clause (ii) (adjusted in 
     accordance with subparagraph (D)) for the entry into 
     unsubsidized employment core indicator of performance 
     described in subsection (b)(1)(A). If a grantee achieved a 
     level of performance less than the percentage specified in 
     such clause for the preceding fiscal year for which results 
     are available before the enactment of the Senior Independence 
     Act of 2006, the Secretary shall provide technical assistance 
     to assist such grantee to achieve the applicable percentage 
     specified in such clause.
       ``(ii) Required placement percentages.--The minimum 
     percentage for the entry into unsubsidized employment 
     described in subsection (b)(1)(A) is--

       ``(I) 22 percent in fiscal year 2007;
       ``(II) 24 percent in fiscal year 2008;
       ``(III) 26 percent in fiscal year 2009;
       ``(IV) 28 percent in fiscal year 2010; and
       ``(V) 30 percent in fiscal year 2011.

       ``(3) Performance evaluation of grantees.--The Secretary 
     shall annually establish national performance measures for 
     each grantee under this title, which shall be applicable to 
     the grantee without regard to whether such grantee operates 
     such program directly or through contracts, grants, or 
     agreements with other entities. The measures shall include 
     the core indicators of performance and expected level of 
     performance for each such indicator, and the additional 
     indicators of performance. In addition, the Secretary shall 
     annually publish the actual performance of each grantee with 
     respect to--
       ``(A) the levels achieved for each of the core indicators 
     of performance, compared to expected levels of performance 
     under paragraph (2)(C) (including any adjustments to such 
     levels made in accordance with to paragraph (2)(D)); and
       ``(B) the levels achieved for each of the additional 
     indicators of performance.
       ``(4) Limitation.--An agreement to be evaluated on the 
     performance measures shall be a requirement for application 
     for, and a condition of, all grants authorized by this title.
       ``(b) Indicators of Performance.--
       ``(1) Core indicators.--The core indicators of performance 
     described in subsection (a)(2)(A)(i) shall consist of--
       ``(A) entry into unsubsidized employment;
       ``(B) retention in unsubsidized employment for 6 months;
       ``(C) earnings; and
       ``(D) hours (in the aggregate) of community service 
     employment-based training pursuant to subparagraphs (A) and 
     (B)(I) of section 502(b)(1).
       ``(2) Additional indicators.--The additional indicators of 
     performance described in subsection (a)(2)(A)(ii) shall 
     consist of--
       ``(A) retention in unsubsidized employment for 1 year;
       ``(B) the number of eligible individuals served, including 
     the number of participating individuals described in section 
     516(2)(A)(ii), and
       ``(C) any other indicators of performance that the 
     Secretary determines to be appropriate to evaluate services 
     and performance.
       ``(c) Definitions of Indicators.--The Secretary, after 
     consultation with national and State grantees, 
     representatives of business and labor organizations, and 
     providers of services, shall issue rules that define the 
     indicators of performance described in subsection (b).
       ``(d) Corrective Efforts.--
       ``(1) National grantees.--
       ``(A) In general.--Not later than 120 days after the end of 
     each program year, the Secretary shall determine if a 
     national grantee awarded a grant under section 514 has met 
     the expected levels of performance established under 
     subsection (a)(2)(c) (including any adjustments to such 
     levels made in accordance with to subsection (a)(2)(D)) for 
     the core indicators of performance described in subsection 
     (b)(1).
       ``(B) Technical assistance and corrective action plan.--
       ``(i) In general.--If the Secretary determines that a 
     grantee fails to meet the expected levels of performance 
     described in paragraph (1), the Secretary shall provide 
     technical assistance and require such grantee to submit a 
     corrective action plan not later than 160 days after the end 
     of the program year.
       ``(ii) Content.--The plan submitted under subparagraph (A) 
     shall detail the steps the grantee will take to meet the 
     national performance measures in the next program year.
       ``(2) State grantees.--
       ``(A) In general.--Not later than 120 days after the end of 
     the program year, the Secretary shall determine if a State 
     grantee allotted funds under section 506(e) has met the 
     expected levels of performance established under subsection

[[Page 12015]]

     (a)(2)(C) (including any adjustments to such levels made in 
     accordance with to subsection (a)(2)(D)) for the core 
     indicators of performance described in subsection (b)(1).
       ``(B) Technical assistance and corrective action plan.--If 
     a State fails to meet the levels of performance described in 
     subparagraph (A), the Secretary shall provide technical 
     assistance and require the State to submit a corrective 
     action plan not later than 160 days after the end of the 
     program year.
       ``(C) Content.--The plan described in subparagraph (B) 
     shall detail the steps the State will take to meet the 
     standards.
       ``(D) Failure to meet performance measures for the third 
     year.--If the State fails to meet the levels of performance 
     described in subparagraph (A) for a third consecutive program 
     year, the Secretary shall provide for the conduct by the 
     State of a competition to award the funds allocated to the 
     State for the first full program year following the 
     Secretary's determination that the State has not met the 
     performance measures.

     ``SEC. 514. COMPETITIVE REQUIREMENTS RELATING TO GRANT 
                   AWARDS.

       ``(a) Program Authorized.--
       ``(1) Initial approval of grant applications.--From the 
     funds available for national grants under section 506(d), the 
     Secretary shall award grants to eligible applicants to carry 
     out projects under this title for a period of 3 years through 
     a competitive process except as provided in paragraph (2).
       ``(2) Continuation of approval based on performance.--If 
     the recipient of a grant made under paragraph (1) satisfies 
     the requirements of section 513 during such 3-year period 
     (and the succeeding 1-year period for which any grant is made 
     under this paragraph) with respect to a project, the 
     Secretary may award grants to such recipient to continue such 
     project beyond such 3-year period for not to exceed 2 
     successive 1-year periods without regard to such process.
       ``(b) Eligible Applicants.--An applicant shall be eligible 
     to receive a grant under subsection (a) in accordance with 
     section 502(b)(1), and subsections (c) and (d).
       ``(c) Criteria.--The Secretary shall select the eligible 
     applicants to receive grants under subsection (a) based on 
     the following:
       ``(1) The applicant's ability to administer a program that 
     serves the greatest number of eligible individuals, giving 
     particular consideration to individuals with greatest 
     economic need, greatest social need, poor employment history 
     or prospects, and over the age of 65.
       ``(2) The applicant's ability to administer a program that 
     provides employment for eligible individuals in the 
     communities in which such individuals reside, or in nearby 
     communities, that will contribute to the general welfare of 
     the community.
       ``(3) The applicant's ability to administer a program that 
     moves eligible individuals into unsubsidized employment.
       ``(4) The applicant's prior performance, if any, in meeting 
     performance measures under this title and under other Federal 
     or State programs.
       ``(5) The applicant's ability to move individuals with 
     multiple barriers to employment into unsubsidized employment.
       ``(6) The applicant's ability to coordinate with other 
     organizations at the State and local level.
       ``(7) The applicant's plan for fiscal management of the 
     program to be administered with funds received under this 
     section.
       ``(8) Any additional criteria that the Secretary considers 
     to be appropriate in order to minimize disruption for current 
     participants.
       ``(d) Responsibility Tests.--
       ``(1) In general.--Before final selection of a grantee, the 
     Secretary shall conduct a review of available records to 
     assess the applicant's overall responsibility to administer 
     Federal funds.
       ``(2) Review.--As part of the review described in paragraph 
     (1), the Secretary may consider any information, including 
     the organization's history with regard to the management of 
     other grants.
       ``(3) Failure to satisfy test.--The failure to satisfy any 
     1 responsibility test that is listed in paragraph (4), 
     excluding those listed in subparagraphs (A) and (B), does not 
     establish that the organization is not responsible unless 
     such failure is substantial or persists for 2 or more 
     consecutive years.
       ``(4) Test.--The responsibility tests include review of the 
     following factors:
       ``(A) Unsuccessful efforts by the organization to recover 
     debts, after 3 demand letters have been sent, that are 
     established by final agency action, or a failure to comply 
     with an approved repayment plan.
       ``(B) Established fraud or criminal activity of a 
     significant nature within the organization.
       ``(C) Serious administrative deficiencies identified by the 
     Secretary, such as failure to maintain a financial management 
     system as required by Federal rules or regulations.
       ``(D) Willful obstruction of the audit process.
       ``(E) Failure to provide services to applicants as agreed 
     to in a current or recent grant or to meet applicable 
     performance measures.
       ``(F) Failure to correct deficiencies brought to the 
     grantee's attention in writing as a result of monitoring 
     activities, reviews, assessments, or other activities.
       ``(G) Failure to return a grant closeout package or 
     outstanding advances within 90 days of the grant expiration 
     date or receipt of closeout package, whichever is later, 
     unless an extension has been requested and granted.
       ``(H) Failure to submit required reports.
       ``(I) Failure to properly report and dispose of Government 
     property as instructed by the Secretary.
       ``(J) Failure to have maintained effective cash management 
     or cost controls resulting in excess cash on hand.
       ``(K) Failure to ensure that a subrecipient complies with 
     its Office of Management and Budget Circular A-133 audit 
     requirements specified at section 667.200(b) of title 20, 
     Code of Federal Regulations.
       ``(L) Failure to audit a subrecipient within the required 
     period.
       ``(M) Final disallowed costs in excess of 5 percent of the 
     grant or contract award if, in the judgment of the grant 
     officer, the disallowances are egregious findings.
       ``(N) Failure to establish a mechanism to resolve a 
     subrecipient's audit in a timely fashion.
       ``(5) Determination.--Applicants that are determined to be 
     not responsible shall not be selected as grantees.
       ``(6) Disallowed costs.--Interest on disallowed costs shall 
     accrue in accordance with the Debt Collection Improvement Act 
     of 1996.

     ``SEC. 515. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) There is authorized to be appropriated to carry out 
     this title such sums as may be necessary for fiscal years 
     2007, 2008, 2009, 2010, and 2011.
       ``(b) Amounts appropriated under this section for any 
     fiscal year shall be available for obligation during the 
     annual period that begins on July 1 of the calendar year 
     immediately following the beginning of such fiscal year and 
     that ends on June 30 of the following calendar year. The 
     Secretary may extend the period during which such amounts may 
     be obligated or expended in the case of a particular 
     organization or agency that receives funds under this title 
     if the Secretary determines that such extension is necessary 
     to ensure the effective use of such funds by such 
     organization or agency.
       ``(c) At the end of the program year, the Secretary may 
     recapture any unexpended funds for the program year, and 
     reobligate such funds within the 2 succeeding program years 
     for--
       ``(1) technical assistance; or
       ``(2) grants or contracts for any other program under this 
     title.

     ``SEC. 516. DEFINITIONS.

       ``For purposes of this title:
       ``(1) Community service employment-based training.--The 
     term `community service employment-based training' means work 
     experience that is related to providing social, health, 
     welfare, and educational services (including literacy 
     tutoring), legal and other counseling services and 
     assistance, including tax counseling and assistance and 
     financial counseling, and library, recreational, and other 
     similar services; conservation, maintenance, or restoration 
     of natural resources; community betterment or beautification; 
     antipollution and environmental quality efforts; 
     weatherization activities; economic development; and such 
     other services essential and necessary to the community as 
     the Secretary determines by rule.
       ``(2) Eligible individual.--The term `eligible individual' 
     means an individual who is 55 years of age or older and who 
     has a low income (including any such individual whose income 
     is not more that 125 percent of the poverty line), excluding 
     any income that is unemployment compensation, benefits 
     received under title XVI of the Social Security Act, veterans 
     payments, or 25 percent of the benefits received under title 
     II of the Social Security Act, but--
       ``(A) pursuant to regulations prescribed by the Secretary, 
     any such individual who meets one or more of the following 
     criteria shall have priority for the work opportunities 
     provided under this title--
       ``(i) is 65 years of age or older; or
       ``(ii) has one or more of the following barriers to 
     employment:

       ``(I) has a disability;
       ``(II) has limited English proficiency or low literacy 
     skills;
       ``(III) resides in a rural area;
       ``(IV) is a veteran;
       ``(V) has low employment prospects; or
       ``(VI) has failed to find employment after utilizing 
     services provided under title I of the Workforce Investment 
     Act of 1998; and

       ``(B) notwithstanding any other provision of this 
     paragraph, excludes--
       ``(i) an individual who has participated in projects under 
     this title for a period of 48 months in the aggregate 
     (whether or not consecutive) after the date of the enactment 
     of the Senior Independence Act of 2006; and
       ``(ii) an individual who has participated in projects under 
     this title for a period of 24 months in the aggregate 
     (whether or not consecutive) after the date of the enactment 
     of the Senior Independence Act of 2006 if such individual 
     participated more than 24 months in the aggregate (whether or 
     not consecutive) under title V of this Act, as in effect 
     before the date of the enactment of the Senior Independence 
     Act of 2006.
       ``(3) Income.--The term `income' means income received 
     during the 12-month period (or, at the option of the grantee 
     involved, the 6-month period that is not multiplied) ending 
     on the date an eligible individual submits an application to 
     participate in the project carried out under this title by 
     such grantee.
       ``(4) Pacific island and asian americans.--The term 
     `Pacific Island and Asian Americans' means Americans having 
     origins in any of the original peoples of the Far East, 
     Southeast Asia, the Indian Subcontinent, or the Pacific 
     Islands.
       ``(5) Program.--The term `program' means the older American 
     community service employment-based training program 
     established under this title.

[[Page 12016]]

       ``(6) Supportive services.--The term `supportive services' 
     means services such as transportation, child care, dependent 
     care, housing, and needs-related payments, that are necessary 
     to enable an individual to participate in activities 
     authorized under this title, consistent with the provisions 
     of this title.
       ``(7) Unemployed individual.--The term `unemployed 
     individual' means an individual who is without a job and who 
     wants and is available for work, including an individual who 
     may have occasional employment that does not result in a 
     constant source of income.''.

     SEC. 40. NATIVE AMERICANS CAREGIVER SUPPORT PROGRAM.

       Section 643 of the Older Americans Act of 1965 (42 U.S.C. 
     3057n) is amended by striking ``title--'' and all that 
     follows through the period at the end, and inserting ``title 
     such sums as may be necessary for fiscal years 2007, 2008, 
     2009, 2010, and 2011.

     SEC. 41. VULNERABLE ELDER RIGHTS PROTECTION ACTIVITIES.

       Section 702 of the Older Americans Act of 1965 (42 U.S.C. 
     3058a) is amended by striking ``2001'' each place it appears 
     and inserting ``2007''.

     SEC. 42. NATIVE AMERICAN ORGANIZATION PROVISIONS.

       Section 751(d) of the Older Americans Act of 1965 (42 
     U.S.C. 3058aa(b)) is amended by striking ``2001'' and 
     inserting ``2007''.

     SEC. 43. ELDER ABUSE, NEGLECT, AND EXPLOITATION PREVENTION.

       Section 721 (b) of the Older Americans Act of 1965 (42 
     U.S.C. 3058i(b)) is amended--
       (1) by inserting after paragraph (1) the following new 
     paragraph:
       ``(2) providing for public education and outreach to 
     promote financial literacy and prevent identity theft and 
     financial exploitation of older individuals;''; and
       (2) by redesignating paragraphs (2) through (8) as 
     paragraphs (3) through (9), respectively.

     SEC. 44. TECHNICAL AMENDMENTS.

       The Older Americans Act of 1965 (42 U.S.C. 2001 et seq.) is 
     amended--
       (1) in section 202(e)(1)(A) by striking the semicolon at 
     the end and inserting a period, and
       (2) by inserting before section 401 the following:

    ``TITLE IV--ACTIVITIES FOR HEALTH, INDEPENDENCE AND LONGEVITY''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. McKeon) and the gentleman from Texas (Mr. Hinojosa) 
each will control 20 minutes.
  The Chair recognizes the gentleman from California.


                             General Leave

  Mr. McKEON. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks and 
include extraneous information on H.R. 5293.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. McKEON. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in strong support of H.R. 5293, the Senior 
Independence Act of 2006, and I ask my colleagues to join me in 
supporting this critical measure.
  Today supporting the needs of older Americans is more important than 
ever. More than 49 million people in the United States are over the age 
of 60, making it the fastest-growing age group in the country. By the 
year 2050, that number will reach nearly 90 million and comprise almost 
a quarter of our population. This trend requires substantial reforms to 
ensure the quality and effectiveness of Federal programs aimed at 
assisting the elderly.
  Last month the Education and the Workforce Committee approved the 
bipartisan bill before us, legislation that will make those additional 
reforms by reauthorizing and strengthening the Older Americans Act.
  Initially established in 1965, the Older Americans Act has 
transformed into the first stop for seniors to identify home- and 
community-based long-term care options, as well as other supportive 
services that can help prevent or delay expensive institutional care 
and generate significant savings in Federal entitlement programs. And 
H.R. 5293 builds on that progress.
  Specifically, the bipartisan Senior Independence Act will, number 
one, promote measures such as nutrition programs and health screens 
that reduce seniors' risk of injury, disease or disability; two, 
improve access to health care by supporting resource centers in every 
community where older Americans and their families can go for reliable 
information about long-term care options, community support services 
and important health benefits such as Medicare, prescription drug 
coverage; and number three, encourage States and communities to plan 
for an increasing number of older Americans.

                              {time}  1115

  This bill also reauthorizes the Senior Community Service Employment 
Program to provide older individuals with temporary employment-based 
training opportunities. These opportunities can help seniors obtain the 
skills they need to obtain a full- or part-time unsubsidized job. This 
program is a means to an end and should not be considered permanent 
employment. Therefore, this legislation requires national grantees 
selected through a full and open competition and States to place 30 
percent of their participants into unsubsidized employment by the year 
2011.
  The bill also encourages grantees to establish partnerships with 
private sector businesses that can provide participants on-the-job 
training and help individuals achieve their goal of obtaining 
employment. At the same time, H.R. 5293 does not lose sight of the 
valuable community services of this program and requires at least half 
of all subsidized employment-based training to provide a community 
service.
  My colleagues may recall that in the past, reauthorizing the Older 
Americans Act was often a very partisan process. However, this year 
that has not been the case. Both Democrats and Republicans on the 
Education and the Workforce Committee pulled together to make the 
reforms necessary to meet the challenges of an aging population. In 
fact, the bill passed our committee without any opposition whatsoever. 
I want to commend the chairman of the subcommittee, Mr. Tiberi from 
Ohio; and his ranking member, Mr. Hinojosa from Texas; and Mr. George 
Miller, the ranking member of the full committee for their great work 
and leadership in helping to craft this bill in such a thoughtful, 
bipartisan manner. During this political season that is quite a rare 
feat.
  I close by thanking all Americans who work or volunteer to support 
our country's aging network. This strong and vital network is made 
possible because of a cadre of selfless volunteers who deliver meals to 
homebound seniors, offer companionship, assist with activities of daily 
living, and provide many other necessary supports that help older 
Americans remain healthy and fulfilled. This legislation is designed to 
support you, and I hope it is a positive reflection of your good work.
  Mr. Speaker, Senior Independence Act aims to make the most of the 
Federal investment in programs to assist older Americans. It is a good 
bill worthy of our support.
  Mr. Speaker, I reserve the balance of my time.
  Mr. HINOJOSA. Mr. Speaker, I yield myself such time as I may consume.
  I am proud to rise in support of H.R. 5293, the Senior Independence 
Act. I would like to thank Chairman McKeon, Subcommittee Chairman 
Tiberi, Ranking Member George Miller, and all of the members of the 
Education and the Workforce Committee who have rolled up their sleeves 
to produce a bipartisan bill to reauthorize the Older Americans Act.
  I would also like to take a moment to commend the outstanding staff 
on both sides of the aisle for their excellent work. The chairman set 
up an open process, a process that aimed to engage all of the 
stakeholders. That kind of process is only successful when you have 
staff members who are dedicated to getting the job done and able to 
synthesize the recommendations and build the consensus necessary to 
move forward. I would especially like to recognize the work of Kate 
Houston and Lucy House and Angela Klemack on the majority staff, as 
well as Cheryl Johnson, Ricardo Martinez, and Moira Lenehan on our side 
of the aisle. They made a sometimes difficult and complicated process 
go smoothly, and I thank them and appreciate their good and effective 
service.
  Aging is a fact of life. However, through the establishment of Social 
Security, Medicare, and the enactment of the Older Americans Act, 
living in poverty to most Americans no longer is

[[Page 12017]]

a fact of aging. From 1959 to 2002, the percentage of older people 
living in poverty fell from 35 percent to only 10 percent.
  The Older Americans Act of 1965 is the landmark legislation that 
articulated our core values as a Nation. The act begins with a 
declaration of objectives which includes the following: ``Retirement in 
health, honor, dignity, after years of contribution to the economy.'' 
This is a statement of our national obligation to older Americans. The 
Older Americans Act represents our commitment to meeting that 
obligation. This law provides for supportive services such as 
transportation, housekeeping, and personal care. It provides nutrition 
services both in the home and in community settings. It provides 
preventative health services and supports family caregivers. Finally, 
it protects the rights of vulnerable older Americans by combating 
consumer fraud and protecting seniors from abuse.
  The legislation before us today, H.R. 5293, the Senior Independence 
Act, truly represents our good faith effort to respond to the 
community's will, as expressed at the White House Conference on Aging 
where the reauthorization of the Older Americans Act was declared the 
top priority.
  The bill before us reauthorizes all of the core programs in the Older 
Americans Act. It promotes greater access to services for individuals 
who are more comfortable in a language other than English. It maintains 
the structure of the Senior Community Service Employment Program that 
reaffirms the dual purpose of the programs, employment and community 
service. It strengthens the very successful Family Caregiver Program. 
It promotes greater choices and health nutrition education so that our 
seniors can remain at home and in their communities. It promotes 
financial literacy for family caregivers and seniors so that older 
Americans' physical and mental health are not jeopardized by poor 
financial health. It strengthens our system of protecting older 
Americans from abuse. Finally, it recognizes that seniors are a growing 
resource for the aging network and for our communities in general. We 
must continue to look for ways to leverage our older citizens' talents 
and desires to continue to make a difference.
  It is incumbent upon us all to step up and invest in these programs. 
It is one sure way to help control the cost of our growing entitlement 
programs. It is the right thing to do. We know that every dollar spent 
providing a meal or supporting seniors so that they can remain at home 
and in their communities not only improves their quality of life but 
saves entitlement spending on long-term care. That is the genius of the 
Older Americans Act. Yet we know that the Older Americans Act's 
purchasing power per individual has dropped by 50 percent since 1980.
  As we have worked in a bipartisan manner to craft a reauthorization 
bill, I was pleased that we were able to advocate together for an 
increase in the nutrition and support services programs in the Older 
Americans Act in the Labor, HHS, and Education appropriations bill. I 
hope that as we move forward with the appropriations process, we will 
restore the funding that was cut for the Senior Community Service 
Employment Program and that we will continue to look for ways to 
increase our investment in all of the critical programs under this 
Older Americans Act.
  In closing, Mr. Speaker, I want to say that I look forward to 
continuing to work with the chairman and all of the members of the 
committee to move this legislation forward.
  Mr. Speaker, I reserve the balance of my time.
  Mr. McKEON. Mr. Speaker, I am pleased to yield at this time 1\1/2\ 
minutes to Mr. Keller, the chairman of the 21st Century Subcommittee.
  Mr. KELLER. Mr. Speaker, I thank the chairman for yielding.
  Mr. Speaker, I rise today in strong support of H.R. 5293, the Senior 
Independence Act of 2006. This bipartisan legislation would renew the 
Older Americans Act, which is our Nation's primary Federal program 
overseeing the delivery of services to our Nation's elderly.
  As chairman of the Subcommittee on 21st Century Competitiveness, I am 
particularly supportive of the assistance the act provides to our 
seniors seeking employment. This act includes the Senior Community 
Service Employment Program, a community-oriented employment-based 
training program for low-income older Americans. It provides work 
experience and training opportunities to older individuals to help them 
prepare for unsubsidized employment. Program participants receive 
experience through job placements in a wide variety of occupations and 
industries.
  In a nutshell, this legislation helps seniors to help themselves by 
providing them with valuable job training and placement assistance to 
get jobs.
  I urge my colleagues to support the passage of H.R. 5293.
  Mr. HINOJOSA. Mr. Speaker, it gives me great pleasure to yield 3 
minutes to an outstanding individual from the great State of Illinois, 
the ranking member of the Government Reform Subcommittee and a 
distinguished member of the Select Education Committee, Congressman 
Danny Davis.
  Mr. DAVIS of Illinois. Mr. Speaker, I want to thank the gentleman for 
yielding.
  Mr. Speaker, I have been told that you can measure the greatness of a 
society by how well it treats its young, how well it treats its old, 
and how well it treats those who have difficulty caring for themselves. 
So I rise in strong support of this bill, which reauthorizes the Older 
Americans Act.
  At the outset, I want to commend and thank Chairman McKeon; Ranking 
Member Miller; Subcommittee Chairman Tiberi; and the subcommittee 
ranking member and my colleague from Texas, Mr. Hinojosa, for an 
excellent bipartisan bill. I also want to extend my sincerest 
appreciation to the staff persons on both the majority and on the 
minority sides.
  Mr. Speaker, I have a Seniors and Eldercare Task Force composed of a 
wonderful group of experts who advise me on key issues regarding 
seniors in my district back in the great city of Chicago. This act 
advances many areas of concern to my district. Foremost, it expands 
access of younger grandparents to the National Family Caregiver Support 
Program, and it encourages States to adopt Kinship Navigator programs 
for relative caregivers. My district has over 10,000 grandparent-headed 
households. So the bill aids these caregivers with services that help 
in their caregiving responsibilities. Further, the bill promotes 
community-based services via self-directed models of care. This bill 
will reduce instances of abuse and neglect and improve data collection 
on the subject, building on the ideas promoted by my colleague from 
Illinois, Mr. Emanuel.
  I am also happy that the bill emphasizes the importance of mental 
health in many ways, drawing on the spirit of the Positive Aging Act, 
sponsored by Mr. Kennedy. And I want to commend Mr. Ehlers for his 
efforts to make sure that the mental health component of this 
legislation is strong.
  Mr. Speaker, Hubert Humphrey once said that the moral test of 
government is how it treats those in the dawn of life, the children, 
and those who are in the twilight of life, the elderly. The Senior 
Independence Act of 2006 ensures that our senior citizens would have a 
greater opportunity for a happy, meaningful, and productive life. I 
commend the Education and the Workforce Committee for a tremendous 
piece of legislation.
  Mr. McKEON. Mr. Speaker, I am happy to yield 6 minutes to the 
gentleman from Ohio (Mr. Tiberi), the subcommittee chairman who has 
provided the leadership to get this bill to the floor.
  Mr. TIBERI. Mr. Speaker, I always tell constituents back home when 
they ask me what the most important part of my job is, I tell them it 
is about helping people. This legislation today is really all about 
helping people, especially our senior citizens.
  This bill renews our commitment to the vital programs our older 
Americans use every day in our communities, in our neighborhoods, and 
especially in

[[Page 12018]]

their homes. The Committee on Education and the Workforce voted 
unanimously to favorably report out the Senior Independence Act of 2006 
to the floor today. It is the product of months of hard work to 
reauthorize and make meaningful amendments to the Older Americans Act. 
We have heard from national, from State, from local stakeholders and 
advocates, those involved directly in the output of services under this 
act.

                              {time}  1130

  We heard from constituents, seniors themselves, those on the 
receiving end of services, as the subcommittee went into the field and 
held field hearings in Edinburg, Texas, in Congressman Ruben Hinojosa's 
district, and in Westerville, Ohio, in my district.
  The vast aging network contributed greatly to the reauthorization 
process. My gratitude goes out to all of them for their commitment to 
our seniors and to the mission of the act itself. It has been an open 
and a bipartisan process from the very beginning, and I believe we have 
a better product and a better bill because of that process, a bill that 
all Members of this House can support, and a bill that older Americans 
can support as well.
  I want to acknowledge the valuable contribution of the ranking member 
of the subcommittee, Mr. Hinojosa from Texas, and his staff, 
particularly Ricardo Martinez and Moira Lenehan, for their outstanding 
contribution to this process. Thank you so much. Mr. Hinojosa has been 
a devoted partner from the beginning of this process, and I am so 
grateful for his work on this legislation.
  I also want to acknowledge the leadership, the friendship through the 
entire process that my friend Chairman McKeon has provided as well. 
Thank you for your tireless work and the tireless work of your staff. 
Kate Houston, Stephanie Milburn, Lucy House and Angela Klemack have all 
been great champions in this work that we have before us today.
  I sincerely appreciate the support from the cosponsors of the 
legislation and all the members of the committee who supported the 
bill. It is a testament to our sincere efforts to have open and 
bipartisan process.
  The Senior Independence Act builds on the successes of the programs 
authorized by the Older Americans Act by strengthening services to help 
individuals avoid institutional care and to improve the quality of life 
for aging Americans. It promotes the development and implementation of 
comprehensive, coordinated systems at the Federal, State and local 
levels to streamline access to programs, benefits and help for 
individuals to avoid institutional care.
  It encourages local area agencies on aging to work with city and 
county officials, State agencies and other community entities to plan 
for the aging across multiple areas, including land use, housing, 
transportation, public safety and recreation.
  Among other things, Mr. Speaker, it advances the mission of evidence-
based programs to assist older Americans and their family caregivers in 
learning about and making behavioral changes intended to reduce the 
risk of injury, disease and disability among seniors.
  The bill brings health care monitoring into the 21st century, 
providing grants specifically for the development of new practices and 
technologies, allowing physicians and other health care professionals 
to remotely monitor the health and well-being of our seniors either in 
the home or in community-based settings. It encourages providers to 
deliver services in a manner responsive to the needs and preferences of 
older individuals and their family caregivers.
  Mr. Speaker, this bill also expands eligibility for the National 
Family Caregiver Support Program to grandparents and other relatives 
age 55 years and older who care for a grandchild or an adult child with 
a disability.
  And this bill gives attention to the rising significance of 
Alzheimer's disease in our society. Current law allows caregivers to 
receive support only when they are caring for adults over the age of 
60. However, it is estimated that about 300,000, about 7 to 8 percent, 
of the 4 million Americans diagnosed with Alzheimer's disease are 
cases, are early onset.
  This bill allows caregivers who care for individuals at any age with 
Alzheimer's disease or other dementia or neurological disorders to 
receive support from the caregiver support program.
  The Senior Independence Act also emphasizes the critical link between 
nutrition and prevention of chronic disease, and supports efforts to 
reduce the incidence of obesity, which is a growing problem among all 
segments of our society, and seniors as well.
  It strengthens, finally, Mr. Speaker, the Community Service 
Employment-Based Training Program for older Americans, promoting 
business sector partnerships, flexibility to grantees, and recognizing 
seniors as valuable assets to our communities and to our Nation, 
promoting activities to harness their services for the greater good of 
our community and our country.
  The Education and Workforce Committee has strived to make the 
necessary reforms to make the most of the Federal investment in 
programs to assist older Americans, while ensuring that the growing 
senior population is served by quality programs established by the 1965 
law.
  I thank Chairman McKeon, I thank Ranking Member Miller and Ranking 
Member Hinojosa of my subcommittee for their tireless and great work 
for this product. The Senior Independence Act of 2006 accomplishes all 
these goals, and I am a proud sponsor of this legislation, Mr. Speaker, 
and urge all my colleagues to support the bill.
  Mr. McKEON. Mr. Speaker, I yield the balance of my time to the 
gentleman from Ohio (Mr. Tiberi), and ask unanimous consent that he be 
able to control that time.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. HINOJOSA. Mr. Speaker, I yield myself 30 seconds.
  Mr. Speaker, I want to acknowledge the presence of and the comments 
made by Chairman Tiberi from the State of Ohio, and I want to associate 
myself with many of the comments that he made about the bipartisanship 
that was seen and experienced as we worked on this legislation. I 
congratulate him for his leadership and congratulate him for helping us 
get to this point that we are today.
  Mr. Speaker, I yield 5 minutes to the gentleman from Rhode Island 
(Mr. Kennedy), a friend and colleague who serves on the powerful 
Appropriations Committee and is recognized for his commitment and 
passion for education and health care.
  Mr. KENNEDY of Rhode Island. Mr. Speaker, I want to thank my 
colleague from Texas (Mr. Hinojosa) for his great leadership on this 
bill, and applaud Chairman McKeon for his leadership as well, and also 
Representative Miller from California. But I want to begin by paying 
special tribute to my colleague from Illinois (Mr. Davis) for his 
leadership on the issues of mental health in the committee and working 
to try to get more mental health provisions incorporated into this 
legislation.
  I also want to add a special word about my Fellow in my office, Berre 
Burch. Our Fellows do enormous work for all of us. They don't get paid 
for it, but they are very committed and spend long hours. Berre Burch 
has been instrumental in working on many of these provisions on mental 
health in this bill, as well as many others.
  Mr. Speaker, I know we are in a tight budget year, and often programs 
are not included in bills such as this because of the expense that they 
have. But, frankly, Mr. Speaker, I am pleased to see that the mental 
health needs of our seniors are included in this bill, principally 
because they do help save us money. Not only do they help save us money 
in long-term care costs, but they also help save lives as well. Yes, 
lives.
  According to the National Institutes of Health, senior citizens 
commit suicide at a higher rate than any other age group in our 
country. Now, understand this. Suicide is already twice the rate of 
homicide in this country. People don't recognize that. For every

[[Page 12019]]

murder in this country, two people take their lives.
  Now you can see that having senior citizens have the highest suicide 
rate of all is pretty startling. It runs in the face of our notion of 
what the golden years of a senior citizen's life should be all about.
  We all have been guilty about understanding what it means to be a 
senior citizen. A lot of us confuse dementia. We say that is part of 
being old. It doesn't have to be part of what being old is all about. 
We have proven, effective treatments to intervene with seniors and make 
sure that the depression that they may be suffering is something that 
is treated so that their golden years can actually be golden years, 
where they can live productive, happy lives.
  But what does this country do to our seniors? They put them away. 
They put them in senior high-rises. They take them away from their 
families. They don't support them in their communities. They are 
detached from the social networks in their communities and from the 
community bonds that keep them uplifted.
  Many of them lose their spouse. Many of them lose their independence. 
They have physical challenges. And all of this leads, very obviously, 
to anything that we would all acknowledge is depression. Who wouldn't 
be depressed under these circumstances?
  The fact of the matter is, Mr. Speaker, they don't have to remain 
depressed. They can get treatment. We can intervene and help them out 
of these very same challenges.
  Mr. Speaker, this is an issue that has been looked at over and over 
and over again. Surgeon General Satcher acknowledges it, the New 
Freedom Commission on Mental Health by President Bush acknowledges it, 
the White House Commission on Aging, all of whom say that there are 
many impediments and obstacles to senior citizens getting the mental 
health care that they need, none the least of which is stigma and 
stereotype.
  In my generation, mental health is no longer the stigma that it used 
to be. But for many senior citizens, when they hear mental health, they 
think that it is something wrong with them. They think it is something 
morally wrong with them.
  We need to tell senior citizens this is part of your health care. The 
brain is part of your body. When the brain has chemical imbalances, we 
need to treat those.
  But, Mr. Speaker, in our country today, even in this great time of 
prosperity and advancement in science, we still don't acknowledge the 
brain as part of the body. When it comes to insurance coverage, we 
don't have parity for mental health or for Medicare parity, which 
basically means if you have depression or any other mental illness, you 
are paying a higher copay for your insurance for mental health 
treatment, you are paying a higher deductible for your health 
insurance, you are paying a higher premium, because somehow mental 
health care is treated as if it is cosmetic surgery. It is treated like 
it is elective surgery. It is not treated as if it is the real physical 
health challenge that so many millions of Americans face and, 
tragically, so many senior citizens face on a daily basis.
  But it doesn't have to be this way. I appreciate the fact that many 
portions of my bill called the Positive Aging Act were included in this 
legislation. But I will continue to fight for mental health parity so 
that we can give all Americans access to mental health services, and I 
will continue to fight for the Positive Aging Act so we get all of the 
necessary community support systems in place to help treat our seniors 
with the dignity and the respect that our senior citizens have earned 
and that we ought to give them.
  Mr. TIBERI. Mr. Speaker, I yield 2 minutes to the gentleman from 
Nevada (Mr. Porter), a member of our subcommittee who was a great asset 
to the development of this legislation.
  Mr. PORTER. Mr. Speaker, I rise today in strong support for H.R. 
5293, the Senior Independence Act of 2006.
  This important piece of legislation includes two amendments I 
authored along with my friend and colleague from Illinois (Mr. Davis) 
regarding elderly abuse prevention and ``cash and counseling.''
  Findings from the National Elder Abuse Incidence Study, which was 
conducted by the National Center for Elder Abuse, suggests that more 
than 500,000 Americans age 60 and over were victims of domestic abuse 
in 1996. As shocking and profound as these numbers are, it is possible 
that they are on the low end as the problem remains greatly hidden, and 
cases go unreported.
  A few of these cases of neglect and abuse have surfaced in the 
papers. For example, an 82-year-old East St. Louis man with diabetes 
who spent 2 weeks at a nursing home had to have his left leg amputated 
because he did not receive proper care.
  In another sickening incident, Chicago paramedics found a 94-year-old 
man lying in bed unattended for so long that the bones had poked 
through his skin in several places. His daughter, who was supposedly 
caring for him in her home, was later charged with two counts of 
criminal abuse.
  Educating seniors, professionals, caregivers and the public on abuse 
is critical to prevention, and this is obviously a position that 
warrants the attention of this Congress.
  My amendment authorizes the Assistant Secretary on Aging at the 
Department of Health and Human Services to develop objectives, 
priorities, policy and a long-term plan for carrying out and 
coordinating elder justice activities.
  In addition, this amendment will help States and local entities 
coordinate their fragmented activities, and I believe it will 
ultimately improve elder justice efforts across our great country.
  I would like to thank my colleague from Illinois (Mr. Davis) for 
taking the lead on the cash and counseling amendment. This amendment 
will support consumer-driven models of home- and community-based care 
and help prevent high-risk individuals from spending down their savings 
to receive Medicaid. It does not create a new program. Instead, it 
revises language in current law that directs the Administration on 
Aging to develop policy alternatives for long-term care.
  Activities such as cash and counseling programs have the potential to 
generate significant savings to large taxpayer-funded entitlement 
programs like Medicare and Medicaid. So I think this amendment makes 
fiscal sense, and I urge my colleagues to support it.
  Once again, I would like to thank Mr. Davis from Illinois for his 
help on these important amendments, and also thank Representative 
Tiberi for his work on the underlying legislation. I urge my colleagues 
to support H.R. 5293.

                              {time}  1145

  Mr. HINOJOSA. Mr. Speaker, I am pleased to be able to give 3 minutes 
to a hardworking and a valued member of the Education and Workforce 
Committee and also a member of the Government Reform Committee, 
Congressman Kucinich from Cleveland, Ohio.
  Mr. KUCINICH. Mr. Speaker, I want to thank the gentleman from Texas 
who serves ably on the Committee. And it is a good demonstration here 
of bipartisan support, and I certainly want to add to it by supporting 
the legislation.
  I also think that I can speak for many Members in saying how much we 
appreciate Representative Kennedy's role in all of this. He has shown 
himself to be a very valuable Member of this Congress, and his voice is 
an important voice in this Congress, and we certainly want to do all we 
can to not only further his leadership, but encourage his 
participation.
  I want to say, though, to Mr. Tiberi, who has done a very good job on 
this, there is a gaping hole in this legislation, and we need to 
address it in conference. I intended to offer an amendment that would 
help provide for administrations on aging and thousands of volunteers 
nationwide from being squeezed by the rising cost of gasoline. My 
amendment would have provided a nonbinding formula for calculating 
annual increases in fuel cost for the three Older American Act programs 
that are

[[Page 12020]]

most heavily dependent on transportation. These programs include the 
in-home nutrition services, the congregate nutrition services, and the 
supportive services that provide rides to doctors' appointments, trips 
to the grocery store and to senior centers, among other services.
  These programs help seniors maintain their independence, dignity and 
health. In 2003, the supportive services gave almost 36 million rides 
and provided 20 million hours of personal care, homemaker and chore 
services. In that same year, 248 million meals were served. Each meal 
required transportation.
  According to the Energy Information Administration, the price of gas 
the week ending on Christmas of the year 2000 was $1.60. The price of 
gas for the week of May 15, 2006, was $3.15. In other words, since the 
Older Americans Act was last authorized, gas prices have doubled.
  High gas prices heavily impact programs like meal and transportation 
services. First, programs have to cut back services for all 
nonessential trips such as family visits, general shopping, trips to 
the workplace, and other social activities. Second, volunteer drivers, 
many of whom are retired and on fixed incomes, are quitting because 
their mileage reimbursement rates can't be updated by the underfunded 
Administration on Aging. Finally, as gas prices squeeze seniors living 
at the financial margin, forcing them to lose their independence, they 
rely more heavily on services like those provided by the Administration 
on Aging through the Older Americans Act.
  At the same time that prices have gone up, funding has gone down. My 
amendment would have held harmless from rising gasoline prices the 
congregate and in-home nutrition services as well as the supportive 
services by authorizing a yearly adjustment to the fuel component of 
their budget. If the price of crude oil rises year after year, then the 
agency's fuel budgets would rise a proportionate amount. If oil prices 
fall, fuel budgets would fall as well.
  Although I strongly support the underlying bill, I want to say that 
it is important that the House address this in conference. We have to 
do more to make sure our mothers, fathers, siblings, and grandparents 
are not losing the services they need to help them lead an independent, 
dignified, healthy life because of high gas prices. Keep it in mind, so 
many services are dependent on transportation. If the price of 
transportation goes up, we don't want senior citizens hurt from this. I 
ask Mr. Tiberi to do everything he can in conference to help our senior 
citizens meet this. I thank my fellow colleagues.
  Mr. TIBERI. Mr. Speaker, I yield 2 minutes to a contributing member 
of the Education and Workforce Committee, a veteran member of the 
committee from Michigan, Mr. Ehlers.
  Mr. EHLERS. Mr. Speaker, I rise in strong support of the Senior 
Independence Act. I commend Congressman Tiberi and Chairman McKeon for 
their work on this bill. I especially thank Chairman McKeon, 
Congressman Danny Davis, and their staff members Kate Houston and Jill 
Hunter-Williams for their work on adding mental health provisions to 
the bill.
  Last winter I had the pleasure of meeting with Suzanne Ogland-Hand, 
the director of the Center For Senior Care at Pine Rest Christian 
Mental Health Services, a very large faith-based psychiatric hospital 
located in my district. Ms. Ogland-Hand had served as my delegate to 
the White House Conference on Aging, and provided valuable input to 
both the conference and to me regarding the need for a focus on 
seniors' mental health at the Administration on Aging.
  Throughout my life and career, I have met many people, including 
seniors, who are affected by mental health problems. Certainly the 
stigma related to mental health issues for seniors is significant. I 
know this personally because my mother suffered from mental health 
problems and was very ashamed of it.
  I have observed the devastating impact untreated mental health 
conditions have on individuals and their family members' lives. This 
bill makes positive steps towards encouraging awareness and 
coordination of mental health service for seniors. I urge my colleagues 
to support this bill and vote in favor of it.
  Mr. HINOJOSA. Mr. Speaker, I yield myself such time as I may consume. 
I would like to make some closing remarks and acknowledge that during 
this opportunity that I have had in a year and a half to work with 
Chairman Tiberi, I have learned to appreciate his commitment to helping 
people, as he said in his opening remarks, and this bill, H.R. 5293, 
which will amend the Older Americans Act of 1965, to authorize 
appropriations for fiscal year 2007 through 2011, and for other 
purposes, is one that makes me feel very proud to be a part of this 
work that has been accomplished. I am a proud sponsor of this bill, and 
I urge my colleagues to vote in favor of it.
  Mr. Speaker, I yield back the balance of my time.
  Mr. TIBERI. Mr. Speaker, I yield 2 minutes to the gentleman from 
Nebraska, another contributing member of the Education and the 
Workforce Committee, Mr. Osborne.
  Mr. OSBORNE. Mr. Speaker, as an older American, I rise in strong 
support of H.R. 5293, the Senior Independence Act, which reauthorizes 
the Older American Act. And I want to congratulate Chairman Tiberi, who 
is not an older American, but he is getting there, as well as Chairman 
McKeon and Ranking Member Miller and Mr. Hinojosa.
  The Senior Independence Act, as has been pointed out many times, 
reauthorizes and strengthens the delivery of social services for older 
Americans. In my State, Nebraska, 13.6 percent of our population are 
over 65. In most States, the average is between 10 and 15 percent, and 
this is a very rapidly increasing percentage. So this is an important 
segment of our population, and I would like to focus in my brief time 
here on the significance and the possibilities that lie before seniors.
  President Bush stated this. He said, ``Too often society views 
retirement as an ending not just of a career, but of an active life. 
For many, even most, the opposite is true. Today's elderly are the 
healthiest, most energetic, best-educated generation of seniors in 
history. They have more free time, and they want to use it. They have 
the wisdom of years, and they want to share it.''
  So seniors are a vast untapped resource in our society, and so we 
think that we need to better harness those abilities and those talents 
that they have.
  During committee consideration of this legislation, I along with Mr. 
Fortuno offered an amendment to authorize a pilot project within the 
Administration on Aging called the Silver Scholarship Initiative to 
encourage and reward older Americans who dedicate at least 600 hours of 
service each year to their communities by providing them a $1,000 
educational award. This award can be used for themselves or, probably 
more likely, for grandchildren, members of their family, or just a 
young person that they want to designate. This would allow us to 
harness those volunteer hours and make this more a useful period of 
their lives.
  So while this provision was not added to the bill, I strongly believe 
in this idea, and I hope that Congress will keep looking for ways to 
encourage all Americans, especially seniors, to contribute to their 
communities in the form of this service.
  Thank you, and I want to encourage passage of this bill.
  Mr. TIBERI. Mr. Speaker, I yield 1 minute to the gentleman from New 
Jersey (Mr. LoBiondo).
  Mr. LoBIONDO. Mr. Speaker, I would like to thank the chairman for his 
hard work in building a coalition to put this bill together, and 
particularly I rise in strong support of the provisions reauthorizing 
the vital senior nutrition programs. This legislation, like the Stop 
Senior Hunger Act that I introduced last year, recognizes how important 
these programs are and how much they help the elderly, the homebound, 
the disabled, and the frail across America. The senior nutrition 
programs and

[[Page 12021]]

these services play a vital role in helping older Americans lead 
active, independent, healthy lives and avoid unnecessary 
institutionalization.
  The Older Americans Act nutrition programs serve about 250 million 
congregate and in-home meals to about 6.6 million older adults 
annually. I have been on some of the deliveries with the volunteers to 
the Meals on Wheels program. I have had an opportunity to look into the 
faces of the seniors who are receiving these programs. Very often it is 
the only contact of the day. It is an extremely cost-effective program, 
but, more importantly, it is a program that genuinely helps seniors. 
These meals support quality of life, promote independence, reduce 
health care costs, decrease nursing home admissions, and help those 
with long-term illnesses and those who may just need a little short-
term assistance after the hospital stay during the time of need. In the 
words of the Meals on Wheels Association of America, the oldest and 
largest organization representing senior meal programs, these programs 
are needed so no senior goes hungry.
  Mr. TIBERI. Mr. Speaker, it has been an honor and a privilege to be 
the sponsor of this legislation, to work with Chairman McKeon, before 
him Chairman Boehner, the ranking member of the subcommittee, Mr. 
Hinojosa, the field hearings that we had, the wonderful staff, the 
bipartisan vote out of committee. I urge all my colleagues to vote 
``aye'' on this great piece of legislation for our aging seniors across 
our country.
  Mr. WU. Mr. Speaker, I rise in strong support of the Senior 
Independence Act of 2006.
  The Older Americans Act was enacted in 1965 to establish the 
Administration on Aging to institute and support Federal nutritional 
and social programs for this Nation's seniors, and since then, millions 
of this Nation's elderly have benefited from the Act's many programs.
  This act is more important to the country today than ever before. 
More than 49 million people in the United States are over the age of 
60, making it the fastest growing age group in the country. By 2050, 
that number will reach nearly 90 million and will count as almost a 
quarter of our population.
  With this rapid demographic increase, it is essential that we ensure 
the establishment of effective Federal efforts to aid America's 
elderly. There are more seniors who are minorities, more seniors who 
are trying to go back to work; more seniors who are living longer; and 
more seniors living in urban areas. Specifically, the Senior 
Independence Act will promote home- and community-based supports to 
help older individuals avoid institutional care, strengthen health and 
nutrition programs, improve educational and volunteer services, 
increase Federal, State, and local coordination, and safeguard 
employment-based training for older Americans.
  This Act was conceived 40 years ago in a spirit of bipartisanship to 
better the lives of those put in less fortunate circumstances. I would 
like to commend Chairman McKeon and Ranking Member Miller today on 
their spirit of bipartisanship during this reauthorization.
  I am especially thankful to the chairman and his committee staff for 
working with me to include my amendments that would recognize the 
growing number of older Americans who are living in urban areas and 
would encourage life-long learning.
  The number of Americans aging in urban areas is growing and its 
diversity is increasing. Between 1999 and 2030, the urban minority 
population of 65 and older is projected to increase by 217 percent, as 
compared with the projected 81 percent increase among the white 
population. My amendment, which has been included in the bill, will 
assist urban seniors by providing grants to discover how older 
Americans can age successfully in urban areas.
  The bill also adds my amendment to promote and disseminate 
information about lifelong learning programs. Researchers and 
clinicians are increasingly interested in the concept of successful 
aging, and they are finding that a person who engages in a healthy 
lifestyle including continuing education, thinking and maintaining 
social contacts are part of successful.
  Together, these amendments will improve the lives of older Americans 
by helping to address the unique needs of those living in urban areas 
and also to help promote the benefits of taking part in life-long 
learning programs.
  In closing, I would also like to pause and remember the life and work 
of Dr. Elizabeth Kutza. Dr. Elizabeth Kutza was the Professor of 
Community Health and former Director of the Institute on Aging at 
Portland State University. Dr. Kutza died on Friday, June 9, 2006, 
after a seven-year battle with breast cancer. Dr. Kutza and her family 
are in my thoughts and prayers.
  Again, I would like to thank Chairman McKeon and Ranking Member 
Miller for their outstanding writing of this bill and for making sure 
that the Older Americans Act can continue to provide for the growing 
number of seniors in our country today.
  Mr. HOLT. Mr. Speaker, I rise in support of providing the social and 
nutritional support that older Americans need, and in support of the 
Seniors Independence Act of 2006.
  Since originally enacted in 1965, the Older Americans Act has been an 
important vehicle by which senior citizens in need have received 
nutritional support, community service employment, pension counseling 
services, protections against neglect and abuse, and many other 
services.
  Nutrition services through Title III of the Older Americans Act, such 
as the ``Meals on Wheels'' program, are essential in helping senior 
citizens who cannot prepare their own food to still have access to 
convenient and nutritious meals. The program serves those most in need, 
such as the aged, the less affluent, those who live alone, and members 
of minority groups.
  I was pleased that I was able to amend the Seniors Independence Act 
during markup to stop the Department of Labor from using an unfair 
calculation of income to determine eligibility for Title V seniors 
community service employment programs (SCSEP). In January 2005, the 
Department of Labor issued a ``Training and Employment Guidance 
Letter'' that unilaterally changed the eligibility criteria for Title 
V. Instead of discounting certain forms of income like veterans' 
compensation, Social Security Disability Insurance, unemployment 
compensation, and a portion of traditional Social Security benefits, 
the new regulation mandated inclusion of that income, thus making fewer 
seniors eligible for vital services.
  It would be inconsistent to state that the program targets persons 
with greatest economic need and persons who are disabled, and then use 
their Social Security income or disability benefits to exclude them 
from participation. It would also be a mistake to hold someone's 
service in the Armed Forces against them in determining their 
eligibility for employment assistance. The amendment that I offered in 
the Education and the Workforce Committee restores the eligibility 
criteria to the pre-2005 levels, and it was unanimously agreed to. I 
thank Chairman McKeon and the rest of the committee for their help and 
cooperation on this issue.
  Mr. Speaker, the Seniors Independence Act of 2006 reauthorizes vital 
services for some of the most vulnerable Americans, and those in 
greatest need. I rise in support of H.R. 5293, and I urge its passage 
by this body.
  Mr. DAVIS of Illinois. Mr. Speaker, I rise in strong support of this 
bill which reauthorizes the Older Americans Act. This act was developed 
with the goals of improving the lives of older people in areas of 
income, housing, health, employment, retirement, and community service. 
At the outset, I have to commend and thank Chairman McKeon, Ranking 
Member Miller, Subcommittee Chairman Tiberi, and Subcommittee Ranking 
Member Hinojosa for this incredible bipartisan bill. This has been one 
of the most bipartisan efforts in which I have engaged during my tenure 
in Congress. Also, I extend my sincerest appreciation to the majority 
and minority staff members for working diligently to address my 
concerns. Also, I would like to thank the delegates of the White House 
Conference I on Aging for their input on and promotion of this 
reauthorization. I am proud to be a cosponsor of this bill.
  Mr. Speaker, I have a Seniors and Eldercare Taskforce composed of a 
wonderful group of experts who advise me on key issues regarding 
seniors in my district--the great city of Chicago. I want to recognize 
and thank the cochairs of this taskforce--Karen Graham and Phyllis 
Mitzen--and the members of this taskforce for their leadership and 
attention to the needs of seniors in Chicago.'' This act advances many 
areas of concern to my district. Foremost, it expands access of younger 
grandparents to the National Family Caregiver Support Program, and it 
encourages states to adopt Kinship Navigator programs for relative 
caregivers. In the United States, 2.4 million grandparents are 
responsible for raising grandchildren in their homes. My congressional 
district has over 10,000 grandparent-headed households; it has the 
second highest percentage of children living in grandparent-headed 
households in the nation. This bill aids these caregivers with services 
that help in their care giving responsibilities. Further, the

[[Page 12022]]

 bill promotes community based services via self-directed models of 
care. It specifically directs the Assistant Secretary on Aging to help 
individuals avoid depleting their assets in order to qualify for 
Medicaid. This bill would reduce instances of abuse and neglect and 
improve data collection on the subject by broadening the definition of 
abuse to include self neglect and better coordinating the efforts of 
state and local agencies, building on the ideas promoted by my 
colleague from Illinois, Mr. Emmanuel. I also am very happy that the 
bill emphasizes the importance of mental health in many ways, drawing 
on the spirit of the Positive Aging Act sponsored by Mr. Kennedy.
  Mr. Speaker, The 38th Vice President of the United States, Hubert 
Humphrey, once said, ``The moral test of government is how it treats 
those who are in the dawn of life . . . the children [and] those who 
are in the twilight of life . . . the elderly.'' The Senior 
Independence Act of 2006 ensures that our Government continues to 
recognize the needs of the elder within our country and continues to 
fulfill these needs.
  Ms. VELAZQUEZ. Mr. Speaker, I rise in support of H.R. 5293, the 
``Senior Independence Act of 2006,'' reauthorizing the Older Americans 
Act. This is an important measure for our Nation's seniors in 
delivering nutrition services, supportive services, and caregiver 
services. I am particularly appreciative of the bipartisan manner in 
which this measure was crafted by Chairman Tiberi and Ranking Member 
Hinojosa, and thank them specifically for improvements in the law which 
would help to target individuals with limited English proficiency.
  Though the bill offers valuable resources for our Nation's seniors, 
one area where I believe we can continue to make strides is in 
capitalizing on the experience older Americans can share with their 
communities. I have introduced legislation to establish a ``Silver 
Scholarship'' program--H.R. 5275--based on President Bush's 2001 
proposal to reward seniors for their volunteer service. The Silver 
Scholarship program would provide an educational award to any senior, 
age 55 and older, who dedicates a set number of hours each year to 
volunteering in their communities. The educational award, or ``Silver 
Scholarship,'' would be fully transferable to a family member or any 
other deserving individual to help them pursue postsecondary education.
  The first of the 77 million baby boomers turn 60 this year. This new 
``senior'' population is the largest, healthiest, best educated 
population of older Americans in our history. Baby boomers are pioneers 
in a new stage spanning the decades between middle and late life, and 
represent an extraordinary pool of social and human capital. This 
initiative would foster senior service and invest in the education of 
the next generation of America's workforce.
  While I understand this provision was not included in the reported 
version of H.R. 5293, I look forward to working with my colleagues as 
the process moves forward in the hopes that this worthy bipartisan 
initiative be promoted through our efforts.
  Mr. TIBERI. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. McKeon) that the House suspend the rules 
and pass the bill, H.R. 5293, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________