[Senate Report 109-366]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 616
109th Congress                                                   Report
                                 SENATE
 2d Session                                                     109-366

======================================================================



 
                 OLDER AMERICANS ACT AMENDMENTS OF 2006

                                _______
                                

                December 6, 2006.--Ordered to be printed

                                _______
                                

Mr. Enzi, from the Committee on Health, Education, Labor, and Pensions, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 3570]

    The Committee on Health, Education, Labor, and Pensions, to 
which was referred the bill (S. 3570) to amend the Older 
Americans Act of 1965 to authorize appropriations for fiscal 
years 2007 through 2011, and for other purposes, having 
considered the same, reports favorably thereon with an 
amendment in the nature of a substitute and recommends that the 
bill (as amended) do pass.

                                CONTENTS

                                                                   Page
  I. Background and Need for Legislation..............................1
 II. Legislative History and Committee Action.........................7
III. Committee Views..................................................8
 IV. Cost Estimate...................................................21
  V. Regulatory Impact Statement.....................................22
 VI. Application of Law to the Legislative Branch....................22
VII. Section-by-Section Analysis.....................................22
VIII.Changes in Existing Law.........................................47


                 I. Background and Need for Legislation


                          OVERVIEW AND HISTORY

    Congress created the Older Americans Act (OAA) in 1965 in 
response to concern by policymakers about a lack of community 
social services for older persons. The original legislation 
established authority for grants to States for community 
planning and social services, research and development 
projects, and personnel training in the field of aging. The law 
also established the Administration on Aging (AoA) within the 
then-Department of Health, Education, and Welfare (DHEW) to 
administer the newly created grant programs and to serve as the 
Federal focal point on matters concerning older persons.
    Although older persons may receive services under many 
other Federal programs, today the act is considered to be the 
major vehicle for the organization and delivery of social and 
nutrition services to this group. It authorizes a wide array of 
service programs through a nationwide network of 57 State 
agencies on aging and 655 area agencies on aging; community 
service employment for low-income older Americans; training, 
research, and demonstration activities in the field of aging; 
grants to assist Native American older persons; and vulnerable 
elder rights protection activities.
    Prior to 1965, older persons were eligible for limited 
social services through some Federal programs and State 
programs. However, with the recognition that older persons were 
becoming an increasing proportion of the population and that 
their needs were not being formally addressed through existing 
programs, many groups began advocating on their behalf. Their 
actions led President Truman to initiate the first National 
Conference on Aging in 1950. Conferees called for government 
and voluntary agencies to accept greater responsibility for the 
problems and welfare of older persons. Further interest in the 
field of aging led President Eisenhower to create the Federal 
Council on Aging in 1956 to coordinate the activities of the 
various units of the Federal Government related to aging.
    The beginning of a major thrust toward legislation along 
the lines of the later-enacted Older Americans Act was made at 
the 1961 White House Conference on Aging. The Conferees called 
for a Federal coordinating agency in the field of aging to be 
set up on a statutory basis, with adequate funding for 
coordinating Federal efforts in aging, as well as a Federal 
program of grants for community services specifically for the 
elderly.\1\
---------------------------------------------------------------------------
    \1\ U.S. Department of Health Education and Welfare, Special Staff 
on Aging, The Nation and Its Older People, Report of the White House 
Conference on Aging, Jan. 9-12, 1961, Washington, Apr. 1961.
---------------------------------------------------------------------------
    In response to the White House Conference on Aging 
recommendations, legislation was introduced in 1962 to 
establish an independent U.S. Committee on Aging to cut across 
the responsibilities of many departments and agencies, and a 
program of grants for social services, research, and training 
that would benefit older persons.
    As introduced in 1965, the Older Americans Act was intended 
to provide resources necessary for public and private social 
service providers to meet the social service needs of the 
elderly. The act received wide bipartisan support and was 
signed into law by President Johnson on July 14, 1965. In 
addition to creating AoA, the act authorized grants to States 
for community planning and services programs, as well as for 
research, demonstration, and training projects in the field of 
aging. In his remarks upon signing the bill, the President 
indicated that the legislation would provide
          ``an orderly, intelligent, and constructive program 
        to help us meet the new dimensions of responsibilities 
        which lie ahead in the remaining years of this century. 
        Under this program every State and every community can 
        now move toward a coordinated program of services and 
        opportunities for our older citizens.'' \2\
---------------------------------------------------------------------------
    \2\ Public Papers of the Presidents of the United States, Lyndon B. 
Johnson, vol. 2, Washington, 1965, p. 744.
---------------------------------------------------------------------------

              MAJOR AMENDMENTS TO THE OLDER AMERICANS ACT

    The Older Americans Act has been amended 14 times since the 
original legislation was enacted (either through 
reauthorization legislation or other amendments). The first 
amendments to the act in 1967 extended authorization for the 
State grant program and for research, demonstration, and 
training programs created in 1965. In 1969, Congress added 
authority for a program of area-wide model projects to test new 
and varied approaches to meeting the social service needs of 
the elderly. The 1969 amendments also authorized the foster 
grandparent and retired senior volunteer programs to provide 
part-time volunteer opportunities for the elderly. (Authority 
for volunteer programs was subsequently repealed and these 
programs were reauthorized under the Domestic Volunteer Service 
Act of 1973.)
    Major amendments to the act occurred in 1972 with the 
creation of the national nutrition program for the elderly, and 
in 1973, with the establishment of substate area agencies on 
aging. The 1973 amendments represented a major change because 
for the first time Federal law authorized the creation of local 
agencies whose purpose is to plan and coordinate services for 
older persons and to act as advocates for programs on their 
behalf. These amendments also created legislative authority for 
the community service employment program for older Americans 
which had previously operated as a demonstration initiative 
under the Economic Opportunity Act. In 1975, Congress extended 
the Older Americans Act through 1978 and specified certain 
services to receive funding priority under the State and area 
agency on aging program.
    The 1978 amendments represented a major structural change 
to the act when the separate grant programs for social 
services, nutrition services, and multipurpose senior center 
facilities were consolidated into one program under the 
authority of State and area agencies on aging. The intent of 
these amendments was to improve coordination among the various 
service programs under the act. Among other changes were 
requirements for establishing State long-term care ombudsman 
programs and a new Title VI authorizing grants to Indian tribal 
organizations for social and nutrition services to older 
Indians.
    The 1981 amendments made modifications to give State and 
area agencies on aging more flexibility in the administration 
of their service programs. These amendments also emphasized the 
transition of participants to private sector employment under 
the community service employment program. In 1984, Congress 
enacted a number of provisions, including adding 
responsibilities for AoA; adding provisions designed to target 
services on low-income minority older persons; giving more 
flexibility to States regarding service funds allocations; and 
giving priority to the needs of Alzheimer's victims and their 
families.
    The 1987 amendments expanded certain service components of 
the State and area agency program to address the special needs 
of certain populations. Congress approved six additional 
distinct authorizations of appropriations for services: in-home 
services for the frail elderly; long-term care ombudsman 
services; assistance for special needs: health education and 
promotion services; services to prevent abuse, neglect and 
exploitation of older individuals; and outreach activities for 
persons who may be eligible for benefits under the supplemental 
security income (SSI), Medicaid and food stamp programs. Among 
other changes were provisions designed to give special 
attention to the needs of older Native Americans and persons 
with disabilities, emphasize targeting of services to those 
most in need, elevate the status of AoA within the Department 
of Health and Human Services (DHHS), and liberalize eligibility 
of community service employment participants for other Federal 
programs.
    The 1992 amendments restructured some of the act's 
programs. A new title VII, Vulnerable Elder Rights Protection 
Activities, was created to consolidate and expand certain 
programs that focus on protection of the rights of older 
persons. Title VII incorporated separate authorizations of 
appropriations for the long-term care ombudsman program; 
program for the prevention of elder abuse, neglect, and 
exploitation; elder rights and legal assistance development 
program; and outreach, counseling, and assistance for insurance 
and public benefit programs. In addition, provisions were 
included to strengthen requirements related to targeting of 
title III services on special population groups. Other 
amendments authorized programs for assistance to caregivers of 
the frail elderly; clarified the role of title III agencies in 
working with the for-profit sector; and required improvements 
in AoA data collection.
    The latest amendments were enacted in 2000 after 6 years of 
congressional debate on reauthorization. P.L. 106-501 extended 
the act's programs through fiscal year 2005. These amendments 
authorized the National Family Caregiver Support Program under 
title III; required the Secretary of the Department of Labor 
(DoL) to establish performance measures for the senior 
community service employment program; allowed States to impose 
cost-sharing for certain title III services older persons 
receive while retaining authority for voluntary contributions 
by older persons toward the costs of services; clarified that 
the title III formula allocation is to be based on the most 
recent population data, while stipulating that no State will 
receive less than it received in fiscal year 2000; and 
consolidated a number of previously separately authorized 
programs.

                 SUMMARY OF OLDER AMERICANS ACT TITLES

                   Title I. Declaration of Objectives

    Title I of the act sets out broad social policy objectives 
oriented toward improving the lives of all older Americans, 
including adequate income in retirement, the best possible 
physical and mental health, opportunity for employment, and 
comprehensive long-term care services, among other things.

                   Title II. Administration on Aging

    Title II establishes the Administration on Aging within 
DHHS as the chief Federal agency advocate for older persons and 
sets out the responsibilities of AoA and the Assistant 
Secretary for Aging. The Assistant Secretary is appointed by 
the President with the advice and consent of the Senate. Title 
II requires that AoA establish the National Eldercare Locator 
Service to provide nationwide information through a toll-free 
telephone number to identify community resources for older 
persons. It also requires AoA to establish the National Long-
Term Care Ombudsman Resource Center, the National Center on 
Elder Abuse, the National Aging Information Center, and the 
Pension Counseling and Information Program.

      Title III. Grants for State and Community Programs on Aging

    Title III authorizes grants to State and area agencies on 
aging to act as advocates on behalf of, and to coordinate 
programs for, older persons. The program, which supports State 
agencies on aging, about 655 area agencies on aging, and more 
than 29,000 service providers, authorizes six separate service 
programs (operating in 50 States, the District of Columbia, 
Puerto Rico and the territories). States receive separate 
allotments of funds for supportive services and centers, family 
caregiver support, congregate and home-delivered nutrition 
services, nutrition services incentive grants, and disease 
prevention and health promotion services.
    Title III services are available to all persons aged 60 and 
over, but are targeted to those with the greatest economic and 
social need, particularly low-income and minority persons and 
older persons residing in rural areas. Means testing is 
prohibited.
    Participants are encouraged to make voluntary contributions 
for services they receive. States are allowed to implement 
cost-sharing policies for certain services on a sliding fee 
scale basis, but older persons must not be denied services due 
to failure to make cost-sharing payments.
    AoA allots funds for supportive services, congregate and 
home-delivered nutrition services, and disease prevention/
health promotion services to States based on each State's 
relative share of the total population aged 60 years and over. 
Funds for nutrition services incentive grants are allotted to 
States based on a formula that takes into account the number of 
meals served by each State's nutrition program the prior year. 
Funds for the family caregiver program are allotted to States 
based on each State's relative share of the total population 
aged 70 years and over (although persons under age 70 are 
eligible to receive caregiver services).
    People who are 60 years of age or older, and their spouses 
of any age, may participate in the nutrition program. The law 
also allows the following groups to receive meals: people under 
60 years with disabilities who reside in housing facilities 
occupied primarily by the elderly where congregate meals are 
served; people with disabilities who reside at home with, and 
accompany, older individuals; and volunteers who provide 
services during the meal hours.
    The National Family Caregiver Support Program was added to 
title III by the 2000 amendments (P.L. 106-501). The 
legislation authorizes the following services: information and 
assistance to caregivers about available services; individual 
counseling; organization of support groups and caregiver 
training; respite services to provide families temporary relief 
from caregiving responsibilities; and supplemental services 
(such as adult day care or home care services, for example), on 
a limited basis, that would complement care provided by family 
and other informal caregivers.
    Caregivers may receive information and assistance, 
individual counseling, access to support groups, and training. 
Services that tend to be more individualized, such as respite, 
home care, and adult day care, are to be directed to persons 
who have specific care needs. These are defined in the law as 
persons who are unable to perform at least two activities of 
daily living (ADLs) without substantial human assistance, 
including verbal reminding, or supervision; or, due to a 
cognitive or other mental impairment, require substantial 
supervision because of behavior that poses a serious health or 
safety hazard to the individual or other individuals. ADLs 
include bathing, dressing, toileting, transferring from a bed 
or a chair, eating, and getting around inside the home. The law 
allows States to establish cost-sharing policies for 
individuals who receive respite and supplemental services 
provided under the program.

 Title IV. Training, Research, and Discretionary Projects and Programs

    Title IV authorizes the Assistant Secretary for Aging to 
award funds for training, research, and demonstration projects 
in the field of aging. Funds are to be used to expand knowledge 
about aging and the aging process and to test innovative ideas 
about services and programs for older persons. Over the years 
title IV has supported a wide range of research and 
demonstration projects, including those related to income, 
health, housing, retirement, long-term care, as well as 
projects on career preparation and continuing education for 
personnel in the field of aging.

       Title V. Community Service Employment for Older Americans

    The community service employment program for older 
Americans (also known as the Senior Community Service 
Employment Program, or SCSEP) has as its purpose the promotion 
of useful part-time opportunities in community service 
activities for unemployed low-income persons who are 55 years 
or older and who have poor employment prospects. Enrollees are 
paid no less than the highest of the Federal minimum wage, the 
States or local minimum wage, or the prevailing wage paid by 
the same employer for similar public occupations. Persons 
eligible to participate in the program are those who are 55 
years of age or older, whose income does not exceed 125 percent 
of the DHHS poverty level. Funds to operate the program are 
distributed to national organizations and State agency 
grantees.

           Title VI. Grants for Services for Native Americans

    Title VI authorizes funds for supportive, nutrition 
services, and family caregiver services to older Native 
Americans. Funds are awarded directly by AoA to Indian tribal 
organizations, Native Alaskan organizations, and non-profit 
groups representing Native Hawaiians. To be eligible for 
funding, a tribal organization must represent at least 50 
Native American elders age 60 or older.

        Title VII. Vulnerable Elder Rights Protection Activities

    Title VII authorizes the long-term care ombudsman program 
and elder abuse, neglect and exploitation prevention programs. 
Two other programs are authorized, but not funded--legal 
assistance development and the Native American elder rights 
program.
    Funding for ombudsman and elder abuse prevention activities 
is allotted to States based on the States' relative share of 
the total population age 60 and older. State agencies on aging 
may award funds for these activities to a variety of 
organizations for administration, including other State 
agencies, area agencies on aging, county governments, nonprofit 
service providers, or volunteer organizations.
    Most title VII funding is directed at the long-term care 
ombudsman program. The purpose of the program is to investigate 
and resolve complaints of residents of nursing facilities, 
board and care facilities, and other adult care homes. It is 
the only Older Americans Act program that focuses solely on the 
needs of institutionalized persons. Complaints may relate to 
action, inaction or decisions of long-term care providers or 
their representatives and other actions that adversely affect 
the health, safety, welfare or rights of residents. Among their 
responsibilities, ombudsmen are required to provide services to 
assist in protection of residents, inform them about how to 
obtain services, and represent their interests before 
government agencies.

              II. Legislative History and Committee Action

    Beginning on May 17, 2005 the Retirement Security and Aging 
Subcommittee held 3 hearings, 1 roundtable, and received 
testimony from over 25 witnesses on topics that related to the 
reauthorization of the Older Americans Act (OAA). The first 
hearing presented the subcommittee members with the 
Administration's recommendations for the OAA reauthorization, 
focusing on the National Family Caregiver Support Program, 
primary long-term care issues, and the aging population and 
workforce. Subsequent subcommittee hearings covered related 
aging issues, including: general stakeholder recommendations to 
reauthorization (roundtable), February 14, 2006; senior 
community service employment, March 28, 2006; and Naturally 
Occurring Retirement Communities (NORCS), May 16, 2006. 
Throughout this process, subcommittee members held a series of 
listening sessions for over 30 stakeholder groups to obtain 
recommendations for OAA reauthorization.
    A bipartisan bill, S. 3570, the Older Americans Act 
Amendments of 2006, was introduced on June 27, 2006, by Senator 
Enzi, Senator Kennedy, Senator DeWine, and Senator Mikulski. 
The bill was referred to the Committee on Health, Education, 
Labor, and Pensions. S. 3570 was considered in an executive 
session of the committee held on Wednesday, June 28, 2006 and 
was unanimously adopted by voice vote, ordered to be reported 
with an amendment in the nature of a substitute, and favorably 
reported to the full Senate.
    No further action on S. 3570 was taken. On September 30, 
2006, the Senate passed H.R. 6197, which became Public Law 109-
365.

                          III. Committee Views

    Through the Older Americans Act Amendments of 2006 (OAA), 
the committee intends to strengthen the Older Americans Act in 
preparation for the changing demographic in the United States 
and in preparation for the 77 million Baby Boomers who are 
aging. On July 1, 2004, 12 percent of all Americans were 65 and 
over. By 2050, people 65 and older will comprise 21 percent of 
the U.S. population, according to the Census Bureau. The number 
of people 65 and over in the United States is currently 36.3 
million. The projected number of people 65 and over in the year 
2050 is 86.7 million. This is a 147 percent projected increase. 
Thirteen percent, or 4.6 million people 65 and over, are still 
employed. However, there is a 10.2 percent poverty rate among 
this population. It is essential to build on the programs of 
the Older Americans Act to ensure that older individuals are 
fed, housed, able to get where they need to go, active and 
engaged in their communities and safe from abuse. The committee 
is committed to OAA programs and strongly encourages the 
Appropriations Committee to increase appropriations levels for 
programs throughout the Act and to move toward the authorized 
funding levels in this bill as expeditiously as possible.

                Title II. Administration on Aging (AoA)


Civic engagement

    The committee recognizes that during the 2005 White House 
Conference on Aging, the 1,200 delegates approved two 
resolutions, highlighting civic engagement activities, to send 
to the President and Congress. These resolutions focused on the 
need for expanding and promoting civic engagement and volunteer 
activities for current and future older adults. In recognition 
of these resolutions, the committee highlights the need for 
increased civic activities, multigenerational activities, and 
volunteerism throughout the bill.
    The committee directs the Assistant Secretary to consult 
with the Chief Executive Officer of the Corporation for 
National and Community Service to encourage and permit 
volunteer groups that are comprised of or for older individuals 
to participate and be involved in supportive services as 
defined in this bill, and other civic engagement programs or 
activities.

Office of Elder Abuse Prevention and Services

    The committee establishes an Office of Elder Abuse 
Prevention and Services to be administered by the Assistant 
Secretary. Older Americans are abused, neglected or exploited 
every day in every part of the country, yet the incidence of 
elder abuse is often undetected and unreported. Studies of the 
prevalence of elder abuse have varied greatly. It is estimated 
that between 500,000 and five million older individuals are 
abused every year. Yet, based on the ``iceberg theory,'' it is 
generally recognized that as many as 84 percent of the 
instances of elder abuse go unreported. Victims of elder abuse 
are not only subject to injury from mistreatment and neglect, 
they are also 3.1 times at greater risk of dying.
    Elder abuse is a combination of public health, social 
service and law enforcement issues that requires a multi-
faceted solution. Many offices in HHS play a role in elder 
justice issues. AoA receives funding through Title VII of the 
Older Americans Act to fund activities related to addressing 
elder abuse, neglect and exploitation. However, funding has 
been sparse, currently less than $5 million annually. Both the 
executive branch and Congress have engaged in efforts to bring 
the issue of elder abuse, neglect and exploitation to light. 
Unlike other difficult family issues, elder abuse has not 
received sustained Federal attention and resources. Creation of 
an Office of Elder Abuse Prevention and Services will assure 
that the issue receives high level attention in the agency, and 
combined with an infusion of resources, will revitalize these 
efforts in a consistent and sustainable way. Because so many of 
the HHS components have a role to play in elder justice issues, 
it is vital that the intra-agency steering committee be headed 
from an office that can assure a high degree of coordination 
among those many offices. At the same time, the new 
programmatic elder justice functions will reside in the AoA 
that coordinates the already-existing programmatic functions. 
The Office of Elder Abuse Prevention and Services will use the 
existing AoA infrastructure with regard to grants, contracts 
and other administrative operations and thereby avoid 
unnecessary duplication of resources.
    Specifically, the office will develop priorities and a 
long-term plan for carrying out elder justice programs, 
including training, improvement of the elder justice system in 
the United States, annual collection and dissemination of data, 
in consultation with the Attorney General and experts from the 
Department of Justice, research with experts, technical 
assistance to States, and will conduct a comprehensive, 
national incidence and prevalence study of the extent of elder 
abuse, neglect, and exploitation.

National Center on Senior Benefits Outreach and Enrollment

    The committee is aware that older Americans who are 
eligible for important public benefits are not always receiving 
them. Those who are most in need are frequently those accessing 
available benefits the least. We are aware that an estimated 47 
percent of the elderly are eligible for Supplemental Security 
Income, 70 percent of seniors are eligible for food stamps, 67 
percent of people eligible for Qualified Medicare Beneficiary 
protections, and 87 percent of those eligible for Specified 
Low-Income Medicare Beneficiary protections are not 
participating in these programs. The aging network has shared 
in the responsibility of aiding seniors in accessing available 
benefits, including current efforts to enroll seniors in the 
new Medicare prescription drug benefit. In light of this 
information, it is the committee's view that the aging network 
should continue to help to ensure that eligible beneficiaries 
age 65 and older receive support in accessing the full range of 
public and private services and assistance for which they are 
eligible. S. 3570 provides for a National Center on Senior 
Benefits Outreach and Enrollment to support efforts to inform 
and enroll limited income older individuals who may be eligible 
to participate, but who are not participating, in Federal and 
State programs for which they are eligible. The provision has 
the potential to significantly boost efforts to find and enroll 
additional low-income seniors in the Medicare prescription drug 
discount program, as well as other programs of vital importance 
to older Americans.

Long-term care and State long-term care systems

    The committee acknowledges and encourages the 
Administration's commitment toward a long-term care systems 
change as it moves toward a consumer directed long-term care 
model. It is the intent of the committee to assist the 
Administration in moving toward a consumer-driven long-term 
care model while promoting the awareness of and the need for 
planning for one's long-term care. The committee encourages 
individuals to receive long-term care services in their home or 
community in order to prevent the individual from being placed 
in an institution. The committee understands the importance of 
institutional care when necessary but encourages individuals to 
work with relevant health and senior service agencies to assess 
their needs and preferences with respect to long-term care.
    The committee requires relevant State and Federal agencies 
be actively involved in the strategizing and planning for the 
long-term care of an individual to ensure numerous benefits and 
options, related to long-term care, are presented to the 
individual. This coordinated assessment should produce a cost-
effective, need and preference-based long-term care strategy 
that is specific to the individual.

Older individuals with limited English proficiency

    Historically, OAA has catered to those older individuals 
with the greatest social and economic need. Current law 
requires States and local area agencies on aging to pay 
particular attention to low-income, minority and rural 
populations, since these populations can be harder to serve. 
The committee recognizes that individuals with limited English 
proficiency (LEP) may have difficulty accessing services due to 
a language barrier. According to the U.S. Census, 4.4 million 
people age 65 or older spoke a language other than English at 
home. It is the committee's intent to include individuals with 
limited English proficiency in the hard to serve population, 
which receives additional attention from the States and local 
area agencies on aging.

Aging and Disability Resource Center

    The committee encourages and supports a consumer-driven 
long-term care model that provides options which allow an 
individual to remain in a home or community-based setting when 
feasible. In order to help an individual make informed choices, 
the Committee authorizes the establishment of Aging and 
Disability Resource Centers (ADRC) in each State and Puerto 
Rico. ADRC's provide personalized information on the full range 
of long-term care options that are available in the State, 
including information on public and private financing for 
institutional and home and community-based care. ADRC's offer 
access to all publicly funded long-term care options so that an 
individual can obtain all the long-term care information they 
need in one location. Additionally, ADRC's assist individuals 
in accessing and understanding their health insurance, health 
benefits as well as their future long-term care needs.

Interagency coordination

    Current law authorizes the Assistant Secretary to 
``coordinate, advise, consult with, and cooperate with the head 
of each department, agency or instrumentality of the Federal 
Government proposing or administering programs or services 
substantially related to the objectives of this Act.'' 
Moreover, current law requires the heads of each department, 
agency or instrumentality of the Federal Government with 
programs substantially related to the objectives of this Act to 
consult and collaborate with the Assistant Secretary. A 
committee review to determine whether congressional intent was 
carried out in this regard determined that there was little 
coordination activity among various Federal departments and 
agencies on matters relating to older individuals. As a result, 
the committee seeks to strengthen the requirements to focus on 
coordination of agencies with respect to aging issues. To that 
end, the committee establishes an interagency coordinating 
committee with the chairmanship rotating every 2 years between 
the Secretary of the Department of Health and Human Services 
and the Secretary of the Department of Housing and Urban 
Development. The interagency coordinating committee will 
monitor, evaluate and recommend improvements in programs 
intended to assist older individuals and provide 
recommendations on facilitating aging in place, reduce 
duplication of programs by Federal agencies, ensure 
collaboration, include input from the States, identify model 
programs, collect and disseminate data. This will be 
accomplished through the compilation of an annual report to the 
President and to Congress that will be guided by an executive 
director appointed by the Secretary of Health and Human 
Services, in consultation with the Secretary of Housing and 
Urban Development.

Health literacy

    The committee promotes the use of evidence-based research 
when conducting outreach and disseminating information on 
healthy living especially in areas such as nutrition, diet, and 
physical activity.

Payment for services

    The OAA aging service provider network has useful skills 
and services that are needed by a range of older adults both 
within and outside the scope of OAA. Current law has been 
interpreted in such a way that prohibits area agencies on 
aging, as well as other service providers, from using OAA funds 
to serve a population with the monetary means to pay for the 
services provided. Since the aging service provider network 
already has the skills to serve individuals outside of the OAA 
population, the committee clarifies the original intent of the 
law to allow these providers to serve private pay customers. It 
is the intent of the committee that all funds acquired through 
private pay contracts be funneled back into the same OAA 
program that has been accessed. No private pay customer shall 
be served at the expense of a needy individual. The committee 
recognizes and places an emphasis on the fact that the aging 
network providers should first and foremost target and assist 
those hardest to serve individuals including low-income, 
minority-limited English proficiency, and rural populations.

Funds to the Assistant Secretary on Aging for evaluation

    Under current law, the Assistant Secretary may use a 
limited amount of funds to conduct evaluations of programs and 
services funded by the Act. This is amended in S. 3570 to limit 
the total amount of funding that may be used for evaluation to 
an amount that does not exceed \1/2\ percent of title III 
appropriations.

      Title III. Grants for State and Community Programs on Aging


Baby boomers

    The committee realizes the important place that baby 
boomers have in our population. Their contributions to society 
have been incalculable. However, as the first baby boomers turn 
60 this year, many communities are unprepared to handle the 
demands of the changing population. The age of 60 makes baby 
boomers eligible for Older Americans Act services. The aging 
network must quickly become prepared to handle the aging 
population we, as a nation, are facing. Further, as never 
before, we have a population expected to live longer than older 
Americans before them. Continually more Americans will live 
beyond the age of 85, thus ensuring greater need for Older 
Americans Act services and supports. S. 3570 requires 
additional planning for the changing needs of communities 
handling baby boomer needs as they age. This Act also provides 
funding for such planning should overall funding levels 
increase 110 percent or more over the amounts appropriated in 
2006.
    The committee is also aware of the social and work needs of 
baby boomers as they age. As an active generation, it is 
expected that baby boomers will want to remain in the workforce 
and active in their communities past the age of retirement. The 
Older Americans Act Amendments of 2006 encourages and supports 
such participation.

Single planning and service areas

    The Administration informed the committee that the 
Commonwealth of Puerto Rico had experienced problems 
maintaining multiple area agencies on aging and requested the 
ability to be designated as a single planning and service area. 
With the Assistant Secretary's approval, the committee will not 
prevent the Commonwealth of Puerto Rico from being designated 
as a single planning and service area.

Area agencies on aging plans (emergency preparedness)

    The committee recognizes that there is a need for better 
planning and coordination of services for senior citizens 
during natural disasters and public health emergencies at the 
local, State and Federal level. Older Americans are 
disproportionately vulnerable during disasters because they are 
more likely to have chronic illnesses; functional limitations; 
and sensory, physical, and cognitive disabilities than younger 
individuals.
    It is the committee's intent to foster greater 
communication and coordination between area agencies on aging 
and local and State emergency response agencies, relief 
organizations, local and State governments, and any other 
institutions that have responsibility for disaster relief 
service delivery to develop a long range-emergency plan for the 
older individuals they serve.

State plans (emergency preparedness)

    The committee recognizes that there is a need for better 
planning and coordination of services for senior citizens 
during natural disasters and public health emergencies at the 
local, State and Federal level. Older Americans are 
disproportionately vulnerable during disasters because they are 
more likely to have chronic illnesses; functional limitations; 
and sensory, physical, and cognitive disabilities than younger 
individuals.
    It is the committee's intent to foster greater 
communication and coordination between States and local area 
agencies on aging, local emergency response agencies, relief 
organizations, local governments and any other institutions 
that have responsibility for disaster relief service delivery 
to develop a long range-emergency plan for the older 
individuals they serve. The committee also recognizes the need 
to include leaders in a State aging services network in the 
development and implementation of statewide emergency response 
plans. These leaders have expertise in serving older 
individuals and should be included in all aspects of disaster/
emergency preparedness planning.

Nutrition Services Incentive Program (NSIP)

    The committee recognizes that the purpose of the Nutrition 
Services Incentive Program (NSIP) is to provide incentives to 
encourage and reward effective performances by states and 
tribal organizations in the efficient delivery of nutritious 
meals to older individuals. The committee continues to support 
the ability of states to use either cash or commodities through 
NSIP. The committee also recognizes that because of the volume 
of commodity food usage through the program many states are 
entitled to bonus food items. The bill clarifies current law to 
include such bonus commodities.

Air quality

    The committee supports the Assistant Secretary working with 
``qualified experts'' to improve the air quality inside 
buildings where older individuals congregate.

National Family Caregiver Support Program authorization of 
        appropriation

    The committee notes the increased authorization of 
appropriations for the program over the next 5 years. The 
increased funding is vital for the program to serve more family 
caregivers with information, resources and respite care. The 
committee strongly urges the appropriations committee to fully 
fund this important initiative incrementally over the next 5 
years as detailed in the bill.

National Family Caregiver Support Program

    Today, there are more than 22.4 million informal caregivers 
who provide unpaid help to persons aged 50 and over. These 
caregivers include spouses, adult children, and other relatives 
and friends. In 2004 the value of the care provided by family 
caregivers was moderately estimated to be $306 billion. Over 50 
percent of all caregivers are employed on a full-time basis. 
And, caregivers of individuals aged 65 and over, most often 
adult children, spend an average of 20 hours per week providing 
care.
    Family caregivers face substantial stresses and burdens as 
a consequence of care giving obligations. Services that help 
sustain a caregiver's role and maintain their emotional and 
physical health is an important part of our countries long-term 
care system.
    Under current law the program provides caregiver support to 
relative caregivers of individuals age 60 and over, and to 
grandparents who are the primary caregiver of grandchildren up 
to age 18. S. 3570 modifies eligibility for caregiver support 
by decreasing from 60 to 55 the age of eligibility for 
grandparent participation. The legislation provides support to 
grandparents who care for an adult child with a disability. The 
legislation also clarifies the committee's intent to provide 
support to a grandparent who is taking care of a child who is 
related by blood, marriage or adoption.
    S. 3570 also modifies eligibility for caregiver support by 
providing caregiver services to individuals with Alzheimer's 
disease or a related disorder with neurological and organic 
brain dysfunction who are 50 years of age or older. A 2006 
Alzheimer's Association report estimates that there are between 
220,000 and 640,000 people with early onset (diagnosed before 
age 65) Alzheimer's or related dementia in the United States 
today. It is the committee's intent to provide caregiver 
services to these individuals who are not eligible under the 
current law due to the 60 and over age requirement. It is also 
the committee's intent that a State shall give priority for 
family caregiver services to family caregivers who provide care 
for older individuals.
    It is the committee's intent that caregiver support 
services include counseling and other services to assist 
caregivers in the areas of health, nutrition, financial 
literacy, and in making decisions and solving problems relating 
to their caregiving role.
    To expand caregiver services the bill requires Area 
Agencies on Aging to make use of trained volunteers. Area 
Agencies on Aging are encouraged to work with entities carrying 
out volunteer programs including programs administered by the 
Corporation for National and Community Service.

Activities and programs of national significance

    S. 3570 continues ongoing research and demonstration grants 
awarded competitively by the Assistant Secretary to support 
multigenerational programs, programs providing support and 
information to families who have a child with a disability or 
chronic illness, Alzheimer's programs and family caregivers 
programs.

 Title IV. Research, Training, and Discretionary Projects and Programs


Assistive technology

    The capacity to live safely and independently is greatly 
enhanced through Assistive Technology. No where is this more 
promising than among Seniors, people with long-term illnesses 
and/or people with disabilities who want to remain in their 
homes or move out of a more restrictive living environment. 
Assistive Technology eases many otherwise difficult functions 
and makes a home inherently safer.
    AT and Information Technology are powerful tools for many 
elders, people with long-term illnesses and/or people with 
disabilities. AT and/or IT make employment, community living 
and socialization possible for individuals who would otherwise 
remain underemployed and isolated. The net effect is a stronger 
economy and a population of seniors who live more independently 
and cost effectively in their own homes.
    Personal Care Services are in high demand and available in 
limited supply across America. AT and IT, when used 
effectively, make the work of Personal Care Attendants more 
efficient and therefore more readily available to seniors who 
need this assistance. New technologies offer the promise of 
prevention regarding late life disabilities. The committee 
recognizes the importance of these developments and their 
importance to our ability as a Nation to meet the needs of the 
growing population of elders and encourages these applications.

Multigenerational activities and civic engagement activities

    The committee acknowledges the significance of encouraging 
older adults to become actively involved in their communities, 
and promoting programs that bring older people together with 
younger people in both paid and unpaid positions.
    The committee requires the Assistant Secretary to provide 
grants to organizations to establish new projects as well as 
support existing projects that provide older adults with both 
multigenerational and civic engagement opportunities. The bill 
contains provisions for research, including cost-benefit 
analysis; and demonstration, evaluation and coordination of 
multigenerational and civic engagement initiatives. These 
provisions will result in significant long-term gains for 
America's older population and American communities.
    The bill allows for grants to organizations to create 
multigenerational coordinators. These coordinators are intended 
to build organizational capacity to develop meaningful new 
roles and assignments, which use the time, skills, and 
experience of older individuals to serve public and nonprofit 
organizations. A portion of the grants may also be used to 
train older adults so that their talents are best utilized in 
each project placement.
    The bill also allows for grants to develop a national 
agenda and blueprint for creating civic engagement positions 
for older individuals within public and nonprofit organizations 
in order to increase the capacity of these organizations to 
meet community needs. A national blueprint is intended to 
outline how best to tap older individuals as a source of social 
capitol to address critical local needs of national concern. 
The blueprint may include recommendations for public policy 
changes. A portion of the grants may also be used to support 
national nonprofit and public organizations through the 
dissemination of information and communication resources 
designed to help recruit and retain experienced adults into 
roles that are of high need in communities.
    It is the committee's intent that priority be given to 
organizations with a demonstrated record in either 
multigenerational activities or civic engagement activities. 
The Assistant Secretary is also directed to give preference to 
those organizations that will serve older adults with the 
greatest economic need giving specific attention to minority 
populations, those with limited English proficiency, and older 
individuals in rural areas.
    The committee recognizes Family and Friends, Civic 
Ventures, Experience Corps, Generations United, and the 
National Council on Aging as organizations with the capacity to 
meet the requirements of Section 417 and encourages the 
Assistant Secretary to work with these organizations.

Career preparation for the field of aging

    The committee encourages the Assistant Secretary to make 
higher education grants to institutions such as ``Black 
colleges or universities, Hispanic-serving institutions, 
Hispanic Centers of Excellence in Applied Gerontology, and 
other educational institutions that serve the needs of minority 
students'' in order to educate and prepare students for careers 
in the field of aging.

Mental Health

    The committee recognizes that nearly 20 percent of seniors 
experience mental health disorders. And it is anticipated that 
the number of seniors with mental and behavioral health 
problems will almost quadruple, from 4 million in 1970 to 15 
million in 2030.
    Among the most prevalent mental health concerns older 
adults encounter are anxiety, depression, and cognitive 
impairment. Research indicates that 50 to 70 percent of all 
primary care medical visits by seniors are related to 
psychological factors such as anxiety, depression, and stress. 
These conditions, if left untreated, can have severe physical 
and psychological implications. Even mild depression lowers 
immunity and may compromise a person's ability to fight 
infections and cancers. Depression also has a powerful negative 
impact on ability to function, resulting in high rates of 
disability. In fact, older adults have the highest rates of 
suicide in our country and depression is the foremost risk 
factor. Despite this, many older Americans do not receive the 
services they need to address mental health concerns.
    The committee recognizes that during the 2005 White House 
Conference on Aging, the 1,200 delegates approved a resolution, 
highlighting the mental health needs of seniors, to send to the 
President and Congress. This resolution focused on the need to 
improve the recognition, assessment, and treatment of mental 
illnesses and depression among older adults. In recognition of 
this resolution, the committee highlights the need for 
increased focus on ``Positive Aging'' through appropriate 
mental health screening and treatment and the integration of 
mental health services in primary care settings throughout the 
bill.
    The committee acknowledges the critical importance that 
mental health plays in the overall health of our Nation's older 
adults. The legislation requires the Secretary to provide 
grants for the development and operation of multidisciplinary 
systems for the delivery of mental health screening and 
treatment services for older individuals who lack access to 
such services. The legislation also authorizes grants for 
programs to increase public awareness regarding the benefits of 
prevention and treatment of mental disorders in older 
individuals and to reduce the stigma and age-related prejudice 
and discrimination regarding mental disorders in older 
individuals.
    It is the committee's intent that these services be 
coordinated and integrated with the social service, mental 
health, and health care services in an area in order to improve 
patient outcomes and help ensure the continuing independence of 
older individuals.

Innovative transportation services

    The committee notes that aging Americans are reluctant to 
adopt alternative forms of transportation that require them to 
forego the freedom of mobility that their private automobiles 
allow them to enjoy. Innovative programs already in existence 
have shown how seniors can be provided with this freedom of 
mobility, using private automobiles dispatched on a demand-
responsive basis, 24 hours a day, 7 days a week. A key to the 
success of these programs has been the ability of seniors to 
transfer their private automobiles in exchange for 
transportation services.
    The committee expects the Agency to build upon the success 
of these innovative transportation programs. The bill includes 
language amending section 416 of the act providing the Agency 
with the authority to award grants or contracts to nonprofit 
organizations to demonstrate the effectiveness of these 
innovative programs. The committee believes that our Nation 
cannot meet the mobility needs of our aging population without 
the innovative use of private resources, in addition to public 
resources, and for that reason the bill limits the availability 
of such awards to programs which provide transportation 
services that are economically sustainable, as defined.

Aging in place initiative

    The committee acknowledges the need to expand aging in 
place initiatives. AARP's 2005 State of 50+ America Survey 
details that 89 percent of older individuals polled wanted to 
stay in their homes for as long as possible. During the June 
28, 2006 Subcommittee on Aging hearing on Naturally Occurring 
Retirement Communities (NORC) aging service providers agreed 
that aging in place initiatives like NORC's provide necessary 
supportive services to seniors that allow them to remain 
independent and stay in their homes longer.
    The committee requires the Secretary to provide grants to 
organizations to establish, develop or carry out model aging in 
place projects that permit aging in place for older 
individuals, including individuals who reside in Naturally 
Occurring Retirement Communities. The bill requires grantees to 
provide comprehensive and coordinated health and social 
services through projects in communities.
    The bill also gives the Assistant Secretary the option to 
administer the grant program or award a competitive technical 
assistance grant to an eligible nonprofit organization to 
administer the program. Eligible organizations include 
nonprofit organizations and partnerships of nonprofit 
organizations that have experience in providing technical 
assistance to a range of entities serving older individuals and 
demonstrated knowledge and expertise in community-based health 
and social services.
    The bill requires grantees to provide community-based 
health and social services to eligible older adults. Services 
must include case management, case assistance, and social work 
services, healthcare management and health care assistance, 
education, socialization and recreational activities.
    The Assistant Secretary is directed to give preference to 
organizations that operate or locate projects and services in 
or in close proximity to locations where large concentrations 
of older individuals have aged in place and reside, such as 
Naturally Occurring Retirement Communities, and that serve 
communities of low-income individuals.
    The bill further requires the Assistant Secretary to report 
findings resulting from the evaluation of grant projects, a 
description of recommended best practices, and recommendations 
for future legislative or administration action.

       Title V. Community Service Employment for Older Americans


Senior Community Service Employment Program

    The Senior Community Service Employment Program (SCSEP) 
authorized by title V of the Older Americans Act is the 
Nation's only employment and training program aimed exclusively 
at low-income older persons. According to a study by the Center 
for Labor Market Studies at Northeastern University, the number 
of older persons aged 55 to 74 with income below 125 percent of 
poverty will increase from 6 million in 2005 to over 8 million 
in 2015.
    The committee recognizes that the SCSEP is a successful 
program that provides essential opportunities for employment of 
older Americans. In 2005, the program supported 61,000 jobs and 
served 92,000 people. Employment through this program provides 
these workers with needed economic support.
    But this program does much more than that. It keeps older 
individuals active and involved in their communities, not 
isolated at home. It provides them with the opportunity to make 
important contributions to their communities and to learn new 
skills. The SCSEP also enhances their sense of dignity and 
self-esteem.
    When Congress created this program it did so with this dual 
purpose in mind. Congress recognized that older Americans are 
especially valuable assets to the communities in which they 
live. Through community service older adults are exposed to the 
job training they need to become self-sufficient in the 
workforce.
    Today older Americans provide 45 million hours of valuable 
service to their communities, particularly in senior centers, 
public libraries, and nutrition programs. These organizations 
rely on the services provided by older adults to run their 
programs efficiently and effectively.
    The committee recognizes the importance of community 
service opportunities provided through the SCSEP and the Sense 
of the Senate language as well as the additional requirement 
that applicants for grants must demonstrate their ability to 
administer a program that provides community service reflects 
the committee's intent to maintain and strengthen the community 
service nature of the program.

Competition

    The committee acknowledges the Department of Labor's 
request to openly compete the National SCSEP grants and the 
bill language creates a 4-year cycle for this open competition. 
It is the committee's intent that no competition shall be held 
outside of the 4-year cycle. In addition, the Secretary is 
prohibited from publishing a notice announcing a grant 
competition and soliciting proposals until the later of (1) the 
date when the Secretary implements all required performance 
indicators, and (2) January 1, 2010. The bill language reflects 
the committee's intent that every competition must emphasize 
meeting performance measures.
    In addition, it is the intent of the committee that the 
Secretary shall not promulgate rules or regulations that would 
compromise the ability of grantees in areas with a substantial 
population of minority individuals to serve their targeted 
population. The committee feels strongly that those individuals 
with limited English proficiency or cultural differences should 
be fully served after all competitions. Applicants applying to 
serve these areas must prove their ability to meet the needs of 
the targeted population.
    After competitions, many organizations struggle to build 
their infrastructures and networks. The committee recognizes 
that the success of SCSEP services depends on relationships 
built at the local level. It takes time to build that 
infrastructure and network and trust with participants, 
community-based organizations, and businesses.
    The committee recognizes that competitions can be extremely 
disruptive to the older adults served through the program, and 
we require that the Secretary look closely at every applicant's 
ability to minimize disruption in services for project 
participants.

Participant time-limit

    The committee recognizes the importance of moving an 
individual into unsubsidized employment to allow the individual 
the chance to earn a greater income. To assist an individual in 
gaining employment, the committee established a 36-month time 
limit for an individual serving in SCSEP. We recognize that 
some individuals may be harder to place in unsubsidized 
employment than other individuals, therefore we allow grantees 
a 20 percent exemption for hard-to-serve individuals such as 
the frail elderly, individuals with a disability, individuals 
with limited English proficiency, individuals in rural areas, 
individuals in areas of high unemployment, individuals at risk 
for homelessness and individuals who cannot be served through 
the Workforce Investment Act of 1998.
    A grantee may petition for a waiver of the 36-month limit 
if the grantee serves a high concentration of individuals who 
are hard-to-serve because they have more than one barrier to 
employment, including a grantee that operates a project in an 
area where at least 60 percent of the counties are rural 
counties (as defined by the Economic Research Service of the 
Department of Agriculture).

Underemployed and determination of low-income

    The committee supports allowing those individuals who are 
underemployed as well as those individuals who have a low-
income to gain access to the services provided under title V of 
OAA. Currently, an individual is eligible for the SCSEP 
services if they are 55 years of age or older and have a low-
income. We encourage individuals with part-time or seasonal 
work to use SCSEP to obtain a permanent position or a position 
that offers more consistent work with a greater salary. Many of 
the SCSEP candidates were turned away because they had part-
time employment that prevented them from qualifying as an 
eligible SCSEP participant. The committee supports allowing 
individuals with part-time employment, who are interested in 
obtaining an alternate means of employment, to gain access to 
the SCSEP services.
    Additionally, to adequately serve the population at need, 
the committee amended the requirements for determining income 
eligibility. The committee supports not counting the following 
benefits as a source of income when determining eligibility: 
unemployment compensation, Veterans benefits, Social Security 
benefits or 25% of the old-age and survivors' insurance 
benefits under Social Security. The committee feels that by 
reducing restrictions and allowing underemployed and low-income 
individuals access to the SCSEP services, the aging population 
will be better served.

Collaboration with the Administration on Aging

    The committee believes there is need for greater 
collaboration with the Administration on Aging. In the last 
reauthorization, Congress directed the Department of Labor to 
define a series of performance measures on which the SCSEP 
grantees would be measured. DoL chose a subset, but not all of 
the required indicators to measure the performance of the 
grantees. Congress directs the Assistant Secretary to provide 
written recommendations to the Secretary to facilitate the 
establishment and implementation of these performance measures. 
The Assistant Secretary will provide the necessary expertise on 
older workers to develop these measures to best serve the SCSEP 
participants.

                 Title VI. Grants for Native Americans


Tribal clarification

    The committee seeks to allow any tribe that was formerly a 
recipient of a grant as part of a consortium to reapply as a 
separate consortium at the start of the next grant cycle as an 
originally grandfathered entity.

Title VII. Allotments for Vulnerable Elder Rights Protection Activities

    The committee establishes a new grant program for States 
and Indian tribes to strengthen long-term care and elder 
justice programs. HHS shall provide and assist in the 
development of a series of grants, studies, and demonstration 
projects to be conducted through States and Indian tribes to 
assist in preventing, detecting, treating, intervening in and, 
where appropriate, prosecuting elder abuse, neglect and 
exploitation. Elder abuse, neglect and exploitation are a 
complex area to quantify and address--an amalgamation of 
numerous distinct, but overlapping phenomena. These include: 
physical and psychological/emotional abuse and neglect by 
family and other in-home caregivers; physical and 
psychological/emotional abuse and neglect of residents in 
institutional and other residential care facilities; elder 
sexual abuse; domestic violence in later life; financial fraud 
and exploitation; and self neglect. Each of these issues or 
sub-issues should be studied, along and in relationship to 
other factors. Such research will enhance understanding of the 
phenomena, and provide important information about how best to 
prevent, intervene in, treat and, if appropriate, prosecute 
elder abuse, neglect and exploitation. HHS will have authority 
and flexibility to create and design the necessary studies and 
demonstrations under this section. Given the paucity of 
research in this field, the evidence-based knowledge is meager. 
The projects outlined in the legislation are intended to lay a 
foundation for addressing elder abuse, neglect and 
exploitation. Many of the provisions are modeled on efforts in 
other areas such as child abuse prevention and violence against 
women. Others are adapted to the special needs in the field of 
elder abuse.
    Specifically, the committee provides for multidisciplinary 
or interdisciplinary team approaches to addressing elder abuse; 
establishment of coordinating councils; training and technical 
assistance; elder fatality and serious injury review teams; 
studies for the benefit of elders living in rural locations, 
minority populations or who are low-income elders; 
demonstrations to provide incentives for individuals to train 
for, seek and maintain employment in long-term care facilities; 
and other innovative methods of addressing elder abuse. The 
funds are intended to supplement, not supplant, current funds. 
Moreover, the committee mandates evaluations of the grants to 
ensure the quality and usefulness of those studies. Finally, 
the committee establishes an authorization of funding to carry 
out the section and strongly encourages the Appropriations 
Committee to fully fund this section as soon as practicable.
    Further, the committee outlines the process for the 
Assistant Secretary to follow in collecting, maintaining and 
disseminating data on elder abuse at a national level. It 
requires the Assistant Secretary to collaborate with the 
Department of Justice not later than 1 year after the date of 
enactment to develop a method for collecting national data and 
develop uniform national data reporting forms adapted to 
collect data through the states in an effort to collect data 
from relevant entities and disciplines (such as health, public 
safety, social and protective services, and law enforcement). 
During the second year, the committee directs that the 
methodology and forms be tested in six States and further 
refined. In the third year after enactment, the committee 
intends that the Assistant Secretary begin providing incentive 
grants to States to collect the data that will be compiled at 
the national level. The committee is persuaded, based on the 
2003 findings of the National Research Council in its 
publication entitled Elder Mistreatment: Abuse, Neglect and 
Exploitation in an Aging America, that population-based data is 
required before the field of research can move forward. 
Currently, there is inadequate information on elder abuse, both 
in community dwellings and institutions. The committee 
encourages the Appropriations Committee to give priority to the 
design and implementation of a data collection process and 
provide full funding that if we are to position toward 
developing a coordinated, national response to elder abuse, 
neglect and exploitation.
    Finally, the committee includes a rule of construction to 
respect the rights of individuals to practice their religion 
and withhold medical treatment without an automatic conclusion 
and finding of elder abuse.

                           IV. Cost Estimate

    Due to time constraints the Congressional Budget Office 
estimate was not included in the report. When received by the 
committee, it will appear in the Congressional Record at a 
later time.

                     V. Regulatory Impact Statement

    Pursuant to the requirements of paragraph 11(b) of rule 
XXVI of the Standing Rules of the Senate, the committee has 
determined that the bill will not have a significant regulatory 
impact.

            VI. Application of Law to the Legislative Branch

    The committee has determined that there is no impact of 
this law on the legislative branch.

                    VI. Section-by-Section Analysis


            Title I. Declaration of Objectives; Definitions


Section 1. Short title

    Section 1 cites the bill as the Older Americans Act 
Amendments of 2006.

Section 2. Definitions

    Section 2 modifies definitions for the following terms: 
information and assistance; long-term care facility; 
exploitation; and neglect.
    Section 2 defines the following terms: evidence-based 
health promotion programs; self-neglect; Aging and Disability 
Resource Center (ADRC); at risk of institutional placement; 
Hispanic-serving institution; long-term care; self-directed 
care; State system for long-term care.

                Title II. Administration on Aging (AoA)


Section 3. Office of Elder Abuse Prevention and Services

    Section 3 authorizes the Secretary of Health and Human 
Services (HHS) to establish or designate within the AoA an 
Office of Elder Abuse Prevention and Services. The Assistant 
Secretary on Aging, through the head of the Office of Elder 
Abuse Prevention and Services, is required to:
           develop objectives, priorities, policy, and 
        a long-term plan to carry out elder justice programs 
        and activities related to elder abuse, prevention, 
        detection, treatment, intervention, and response, among 
        other activities;
           implement the overall policy and a strategy 
        to carry out the plan; and
           provide advice to the Secretary on elder 
        justice issues and administer such programs relating to 
        elder abuse, neglect, and exploitation as the Secretary 
        determines to be appropriate.
    The Secretary may issue regulations as necessary to carry 
out elder justice programs established by the bill.

Section 4. Functions of the Assistant Secretary

    Section 4 requires the Assistant Secretary on Aging in HHS 
to consult and coordinate activities with the Centers for 
Medicare and Medicaid Services (CMS) to implement and build 
awareness of programs providing new benefits affecting older 
individuals.
    Section 4 establishes a new section requiring the Assistant 
Secretary to provide technical assistance and support for 
outreach and benefits enrollment assistance to older 
individuals with greatest economic need. The section authorizes 
the Assistant Secretary to make grants, in cooperation with 
Federal partners, to establish a National Center on Senior 
Benefits Outreach and Enrollment to provide benefit enrollment 
supports, services, and strategies to inform low-income older 
individuals about the full range of benefits for which they may 
be eligible, and create and support efforts for ADRCs and other 
organizations, including faith-based organizations, to serve as 
benefit enrollment centers, among other activities.
    This section eliminates the requirement for AoA to 
implement data collection procedures for collecting information 
on gaps in services needed by older individuals, and instead, 
requires data collection procedures on services needed, 
including long-term care services in home and community-based 
settings.
    Section 4 also establishes a new requirement that AoA 
provide states with information and technical assistance to 
support the provision of evidence-based disease prevention and 
health promotion services.
    Section 4 modifies AoA's role in long-term care that, among 
other things, requires the Assistant Secretary to:
           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 
        authorizes the Assistant Secretary to make grants, 
        contracts, and agreements with funds received from 
        those other Federal agencies and departments;
           conduct research and demonstration projects 
        to identify innovative, cost-effective strategies for 
        modifying State systems of long-term care;
           facilitate, in coordination with CMS, the 
        provision of home and community-based long-term care, 
        and models for self-directed care;
           provide for AoA to play a lead role with 
        respect to issues concerning home and community-based 
        long-term care;
           promote enhanced public awareness for 
        advance planning for long-term care and the 
        availability of information and resources to assist in 
        advance planning;
           implement in each State an Aging and 
        Disability Resource Center (ADRC) which is to serve as 
        a visible and trusted source of information on the full 
        range of options for long-term care, including 
        institutional and home and community-based care that 
        are available in the State; provide personalized and 
        consumer-friendly assistance to empower individuals to 
        make informed decisions about their long-term care 
        options; provide coordinated and streamlined access to 
        all publicly funded long-term care options so that 
        consumers can obtain the care they need through a 
        single intake, assessment and eligibility determination 
        process; help individuals plan ahead for their long-
        term care needs; and assist Medicare beneficiaries and 
        prospective beneficiaries in understanding and 
        accessing prescription drug and preventive health 
        benefits under provisions of, and amendments made by, 
        the Medicare Prescription Drug, Improvement, and 
        Modernization Act of 2003, in coordination with the 
        entity carrying out the health insurance information, 
        counseling and assistance program (under Section 4360 
        of the Omnibus Reconciliation Act of 1990) in the 
        state;
           establish, either directly or through grants 
        or contracts, a national technical assistance program 
        to assist state agencies, area agencies on aging, and 
        community-based service providers funded under the 
        Older Americans Act in implementing home and community-
        based long-term care systems, including evidence-based 
        programs;
           develop, in collaboration with CMS, 
        performance standards and measures for long-term care 
        for use by states to determine the extent to which 
        their systems of long-term care fulfill the objectives 
        described in this requirement; and
           conduct other activities as the Assistant 
        Secretary determines to be appropriate.
    Section 4 also requires the Assistant Secretary, in 
consultation with the Corporation for National and Community 
Service, to encourage and permit voluntary groups active in 
supportive service and civic engagement to participate in 
supportive service and civic engagement programs; and to 
develop a strategy for utilizing older individuals to address 
critical local needs of national concern, and encourage other 
community capacity building initiatives involving older 
individuals.

Section 5. Federal agency consultation

    Section 5 requires that Federal departments and agencies 
collaborate with the Assistant Secretary to analyze the impact 
of Federal programs and services with particular attention to 
low-income older individuals, including older individuals with 
limited English proficiency.
    Section 5 requires AoA to coordinate, advise, and consult 
with the heads of numerous Federal agencies and programs, 
including those responsible for sections 4 and 5 of the 
Assistive Technology Act of 1998 (29 U.S.C. 3003-3004).
    The section also requires the Secretary of HHS, in 
collaboration with the Secretary of Housing and Urban 
Development (HUD) and with the heads of other Federal agencies, 
to establish an Interagency Coordinating Committee to focus on 
the coordination of Federal agencies with respect to aging 
issues, particularly related to demographic changes and housing 
needs among older individuals. Among other things, Section 5 
requires the Secretary of HHS to serve as the first chairperson 
of the committee for an initial period of 2 years. After that 
initial period, the Secretary of HUD and the Secretary of HHS 
are to alternate as chairpersons of the committee, each serving 
as chairperson for a period of 2 years. Among other things, the 
committee is required to:
           review all Federal programs and services 
        that assist older individuals in finding and affording 
        housing, health care, and other services;
           monitor, evaluate, and recommend 
        improvements in programs and services administered, 
        funded, or financed by Federal, State, and local 
        agencies;
           recommend ways to facilitate aging in place; 
        reduce program and service duplication by Federal 
        agencies; ensure collaboration among Federal agencies; 
        work with States to provide better housing, health care 
        and other services; identify model programs; collect 
        and disseminate information about older individuals and 
        the programs and services available, and work with the 
        Federal Interagency Forum on Aging-Related Statistics, 
        the Bureau of the Census, and member agencies to 
        collect and maintain data relating to housing, health 
        care, and other service needs and to identify and 
        address unmet data needs;
           make recommendations to guide policy and 
        program development across Federal agencies; and
           actively seek input and consult with all 
        appropriate and interested parties, including public 
        health interest and research groups and foundations 
        about the activities described above.
    Section 5 requires the committee to prepare and submit an 
annual report to the President, the committee on Financial 
Services, the committee on Education and the Workforce of the 
House of Representatives, and the committee on Banking, 
Housing, and Urban Affairs, the committee on Health, Education, 
Labor, and Pensions, and the Special Committee on Aging of the 
Senate. The section requires the Secretary of HHS, after 
consultation with the Secretary of HUD, to appoint an executive 
director of the committee and at the request of the committee, 
detail Federal staff to the committee.

Section 6. Administration

    Section 6 requires that the responsibilities of AoA's 
nutrition project officer include designing, implementing, and 
evaluating evidence-based programs to support improved 
nutrition and regular physical activity for older individuals, 
and to conduct outreach and dissemination of evidence-based 
information to nutrition service providers, including the most 
current Dietary Guidelines for Americans, the Food Guide 
Pyramid, and advances in nutrition science. The section amends 
the responsibilities of the AoA nutrition project officer to 
include disseminating guidance that describes strategies for 
improving the nutritional quality of meals provided under title 
III. Section 6 also requires the AoA nutrition project officer 
to have expertise in nutrition and meal planning.

Section 7. Evaluation

    Section 7 authorizes the Secretary of HHS to use up to .5 
of 1 percent of title III funds for evaluation (which in fiscal 
year 2004 would equal $6.2 million). This provision replaces 
the current law provision that allows the Secretary to use up 
to $3 million for evaluation (up to $1.5 million from title III 
and up to $1.5 million from title IV).

Section 8. Reports

    Section 8 updates the references for submittal of the AoA 
annual report to refer 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.

Section 9. Contracting and grant authority

    Section 9 stipulates that none of the provisions of the Act 
are to be construed to prevent a recipient of a grant or 
contract from entering into agreements:
           under which funds provided under a grant or 
        contract are used to pay part or all of a 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 contract or 
        relationship is carried out to implement a provision of 
        this Act or to conduct activities inherently associated 
        with implementing such provision; or
           under which any individual, regardless of 
        age or income, who seeks to receive 1 or more services 
        may pay voluntarily, at their own private expense, to 
        receive such services based on the fair market value of 
        such services.
    Section 9 further stipulates that an agreement with a 
profit making organization or other arrangements stipulated 
above may not--
           be made without prior approval of the State 
        agency (or in the case of title VI grantees, 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);
           directly or indirectly provide for, or have 
        the effect of, paying, reimbursing, or otherwise 
        compensating an entity under such an agreement in an 
        amount that exceeds the fair market value of the goods 
        or services furnished by the entity under the 
        agreement;
           result in the displacement of services 
        otherwise available to older individuals with either 
        greatest social need, greatest economic need, or at 
        risk for institutional placement; or
           in any other way compromise, undermine, or 
        be inconsistent with the objective of serving the needs 
        of older individuals.

Section 10. Nutrition education

    Section 10 requires the Assistant Secretary, in 
consultation with the Secretary of Agriculture, to conduct 
outreach and provide technical assistance to agencies and 
organizations that serve older individuals to assist them in 
carrying out integrated health promotion and disease prevention 
programs that are designed for older individuals and include:
           nutrition education;
           physical activity; and
           other activities to modify behavior and to 
        improve health literacy, including providing 
        information on optimal nutrient intake, through 
        education and counseling.

Section 11. Pension counseling and information programs

    Section 11 requires an applicant for pension counseling and 
information funds to include, as part of the grant application, 
a plan to provide information, counseling, referral, and 
assistance regarding pension and other retirement benefits to 
older individuals with limited English proficiency. Section 11 
further stipulates that the Assistant Secretary consider, among 
the criteria in awarding pension counseling program grants, the 
applicant's ability to perform effective outreach to 
populations with limited English proficiency. Section 11 adds a 
requirement that the content of the pension assistance national 
telephone hotline include information for individuals with 
limited English proficiency seeking outreach, information, 
counseling, referral, and assistance.

Section 12. Authorization of appropriations

    Section 12 authorizes such sums as may be necessary for AoA 
administration, salaries and expenses, the National Elder 
Locator Service, and Pension Counseling and Information 
Programs for fiscal years 2007-2011.

      Title III. Grants for State and Community Programs on Aging


Section 13. Purpose

    Section 13 adds as one of the purposes of title III that 
State and area agencies on aging enter into cooperative 
agreements with 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.

Section 14. Authorization of appropriations

    Section 14 authorizes such sums as may be necessary for 
fiscal years 2007-2011 for supportive, congregate and home-
delivered nutrition and disease prevention and health promotion 
services programs.
    The bill authorizes $169 million for fiscal year 2007; $170 
million in fiscal year 2008; $180 million in fiscal year 2009; 
$190 million in fiscal year 2010; and $200 million in fiscal 
year 2011 for the National Family Caregiver Support Program.

Section 15. Allotments

    Section 15 provides that an additional 1 percent of State 
allotments may be used by area agencies on aging to carry out 
activities regarding assessment of the needs of the growing 
elderly population. (This amount would be in addition to the 
amounts made available under current law for area plan 
administration but in an amount not to exceed 10 percent of 
State allotments.) This increase could occur only when 
appropriations for title III supportive services, nutrition 
services, and disease prevention and health promotion services 
exceed 110 percent of the fiscal year 2006 appropriations level 
for these programs.

Section 16. Organization

    Section 16 requires State agencies, when dividing the State 
into planning and service areas, to consider the distribution 
of persons with limited English proficiency.
    It also requires that State agencies on aging promote the 
development and implementation of a comprehensive, coordinated 
system in the State for providing long-term care in home, and 
community-based settings, in a manner that is responsive to the 
needs and preferences of older individuals and their families 
by:
           collaborating, coordinating, and consulting 
        with other agencies responsible for formulating, 
        implementing and administering programs, benefits and 
        services related to long-term care;
           participating in State government activities 
        regarding long-term care;
           conducting analysis and making 
        recommendations with respect to strategies for 
        modifying the State's long-term care system; and
           providing for distribution of information on 
        the need to plan in advance for long-term care and on 
        the range of available public and private long-term 
        care programs, options, and resources.
    Section 16 also allows the Commonwealth of Puerto Rico to 
designate a single planning and service area, with the approval 
of the Assistant Secretary.

Section 17. Area plans

    Section 17 requires area plans on aging to develop a 
comprehensive and coordinated system for supportive, nutrition, 
and multi-purpose senior centers, taking into consideration the 
needs and the numbers of older individuals with limited English 
proficiency. It also requires area plans on aging to consider 
the number of older individuals at risk for institutional 
placement residing in the area in developing the system.
    It requires that area agencies provide assurances that an 
adequate proportion of title III funds be spent on services 
associated with access services, including health services 
(including mental health). It also specifies that information 
and assistance may include information and assistance to 
consumers on availability of title III B supportive services 
and how to receive benefits under, and participate in, publicly 
supported programs for which the consumer may be eligible.
    The bill requires that area agencies set objectives, 
consistent with State policy, for providing services to 
individuals at risk of institutional placement and individuals 
with limited English proficiency. The bill also requires area 
agencies on aging to include in provider agreements they make 
with service providers, a requirement that providers specify 
how they intend to serve the needs of older individuals with 
limited English proficiency. The bill requires area agencies to 
use outreach efforts that will identify older individuals with 
limited English proficiency and older individuals at risk for 
institutional placement. Area agencies are also required to 
coordinate planning, identification, assessment of needs, and 
provision of services for individuals at risk of institutional 
placement.
    The bill requires area agencies to make use of trained 
volunteers in providing direct services to older individuals 
and individuals with disabilities in need of services 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.
    The bill adds to the membership of area agency advisory 
councils, family caregivers of older individuals who receive 
services or who are eligible to receive services, service 
providers, and representatives of the business community.
    It requires area agencies, in coordinating mental health 
services, to include mental health screening.
    It requires area agencies to 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 that is responsive to the needs and 
preferences of older individuals and their families by:
           collaborating, coordinating and consulting 
        with other local public and private agencies 
        responsible for administering programs, benefits and 
        services regarding long-term care;
           conducting analyses and making 
        recommendations with respect to strategies for 
        modifying the local long-term care system to better 
        respond to the needs and preferences of older 
        individuals and family caregivers;
           facilitating provision of home and 
        community-based care;
           targeting services to those at risk of 
        institutional placement;
           implementing through the agency or service 
        providers evidence-based programs to assist older 
        individuals and their family caregivers in learning 
        about and making behavioral changes to reduce the risk 
        of injury, disease, and disability; and
           providing for the availability and 
        distribution (through public education campaigns and 
        ADRCs) of information on the need to plan in advance 
        for long-term care and on the range of available public 
        and private long-term care programs, options, and 
        resources.
    Section 17 also clarifies that area agencies provide 
assurance that title III funds are used to provide services to 
older individuals, giving priority to older individuals with 
greatest economic and social need, those at risk for 
institutional placement, low-income minority individuals, and 
individuals residing in rural areas. Funds are to be used in a 
manner that complies with section 306(a)(13) (maintaining the 
integrity and public purpose of services and service providers 
in all contractual and commercial relationships, among other 
requirements) and the limitations specified in section 212(b) 
(ensuring appropriate use of funds).
    The bill requires area plans on aging to furnish services 
under the Act consistent with self-directed care, to the 
maximum extent feasible.
    The bill requires area plans to include information 
detailing how the area agency will coordinate activities and 
develop long-range emergency plans with local and State 
emergency response agencies, relief organizations, local and 
State governments, and any other institutions that have 
responsibility for disaster relief service delivery.
    The bill authorizes area agencies on aging to include in 
their area plans, an assessment of how prepared the planning 
and service area is for any anticipated change in the number of 
older individuals, including the 10-year period following the 
fiscal year for which the plan is submitted. The assessment may 
include:
           the projected change in the number of older 
        individuals in the planning and service area;
           an analysis of how this change may affect 
        older individuals, including those with low-income, 
        greatest economic need, minority older individuals, 
        those residing in rural areas, and those with limited 
        English proficiency;
           an analysis of how the programs, policies, 
        and services provided by the area agency can be 
        improved, and how resource levels can be adjusted to 
        meet the needs of the changing population of older 
        individuals in the planning and service area; and
           an analysis of how the change in the number 
        of persons age 85 and older is expected to affect the 
        need for supportive services.
    The bill authorizes area agencies on aging, in cooperation 
with governmental officials, State agencies, tribal 
organizations or local entities, to make recommendations to 
government officials in the planning and service area and the 
State, on actions to build the capacity to meet the needs of 
older individuals for:
           health and human services;
           land use;
           housing;
           transportation;
           public safety;
           workforce and economic development;
           recreation;
           education;
           civic engagement;
           emergency preparedness; and
           and any other service as determined by the 
        area agency.

Section 18. State plans on aging

    Section 18 requires State agencies to conduct periodic 
evaluations and public hearings on State activities and 
projects, including evaluations of the effectiveness of service 
provided to older individuals with limited English proficiency.
    The bill requires State plans to identify the number of 
low-income minority older individuals in the State, including 
the number of low-income-minority older individuals with 
limited English proficiency, and describe the methods used to 
satisfy their service needs. The bill also requires State 
agencies to use outreach efforts that will identify low-income-
minority older individuals with limited English proficieny.
    The bill requires State plans on aging to furnish services 
under the act consistent with self-directed care, to the extent 
feasible.
    The bill requires State agencies on aging, at the election 
of the State, to include an assessment of how prepared the 
State is, under its 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.
    The assessment may include:
           the projected change in the number of older 
        individuals in the State;
           an analysis of how this change may affect 
        older individuals, including those with low-income, 
        greatest economic need, minority older individuals, 
        those residing in rural areas, and those with limited 
        English proficiency;
           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
           an analysis of how the change in the number 
        of persons age 85 years and older is expected to affect 
        the need for supportive services.
    The bill requires State plans to include information 
detailing how the State will coordinate activities, and develop 
long-range emergency preparedness plans, with area agencies on 
aging, local emergency response agencies, relief organizations, 
local governments, and any other institutions that have 
responsibility for disaster relief service delivery. The plan 
is to include information describing the involvement of the 
head of the State agency in the development, revision, and 
implementation of emergency preparedness plans, including the 
State Public Health Emergency Preparedness and Response Plan.

Section 19. Payments

    Section 19 clarifies that funds required to meet the non-
federal share for title III funds be from State sources.

Section 20. Nutrition services incentive program

    Section 20 requires that additional bonus commodities are 
to be donated or used by recipients of title III nutrition 
funds for nutrition services to older individuals.
    The bill authorizes such sums as may be necessary for 
fiscal year 2007-fiscal year 2011 for the nutrition services 
incentive program.

Section 21. Consumer contributions

    Section 21 clarifies that voluntary contributions are 
allowed and may be solicited if the method of solicitation is 
noncoercive. It also adds a provision that contributions shall 
be encouraged for individuals whose self-declared income is at 
or above 200 percent of the poverty line, at contribution 
levels based on the actual cost of services. It also requires 
that all contributions collected are to be used to supplement 
(not supplant) funds provided under the act.
    Section 21 adds reference to older individuals with limited 
English proficiency to the current law provision requiring 
State and area agencies to develop plans to ensure that 
participation of certain older individuals receiving services 
will not decrease with cost-sharing requirements. It also adds 
reference to these individuals to the current law provision 
requiring the Assistant Secretary to conduct a study of the 
impact of cost-sharing requirements on older individuals.

Section 22. Supportive services and senior centers

    The bill adds as allowable supportive services:
           mental health screening, and referral to 
        mental health services;
           assistive technology devices and assistive 
        technology services; and
           services designed to support States, area 
        agencies on aging, and local service providers in 
        carrying out and coordinating activities regarding 
        mental health services, including outreach, education, 
        screening, and referral for treatment of older 
        individuals.

Section 23. Nutrition services

    Section 23 adds a new purpose to title III, Nutrition 
Services, as follows: 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 
nutrition services to delay the onset of adverse health 
conditions.

Section 24. Congregate nutrition program

    Section 24 requires nutrition projects to provide nutrition 
counseling and other nutrition services, as appropriate, based 
on the needs of meal participants.

Section 25. Home-delivered services

    Section 25 specifies that nutrition projects may include 
fresh food and deletes the reference to satisfactory storage 
life when projects provide supplemental foods. It also requires 
nutrition projects to provide nutrition counseling, and other 
nutrition services, as appropriate, based on the needs of meal 
participants.

Section 26. Criteria

    Section 26 specifies that the Assistant Secretary, in 
consultation with recognized experts in the fields of nutrition 
science, dietetics, meal planning and food service management, 
and aging, develop criteria for efficiency and quality of home-
delivered meals. This section eliminates reference to 
particular organizations that is contained in current law.

Section 27. Nutrition

    Section 27 specifies that States, in establishing and 
operating nutrition projects, are to solicit the advise of a 
dietitian or other individual with equivalent education and 
training in nutrition science, or another individual with 
education and training in nutrition science; that meals comply 
with the most recent Dietary Guidelines for Americans; and that 
intergenerational meals program arrangements are to be done 
jointly with schools. It also specifies that meal providers are 
to solicit the advice and expertise of a dietitian, other 
individuals with education and training in nutrition science, 
or individuals with comparable expertise in planning of 
nutrition services. It also requires nutrition projects to 
provide nutrition counseling and other nutrition services, as 
appropriate, based on the needs of meal participants.
    Section 27 also encourages individuals who distribute home-
delivered meals to homebound older individuals, to distribute 
available medical information approved by health care 
professionals, such as informational brochures and information 
on how to get vaccines, including those for influenza, 
pneumonia, and shingles.

Section 28. Study of nutrition projects

    Section 28 requires the Assistant Secretary to use funds 
that are set aside for evaluation to enter into a contract with 
the Food and Nutrition Board of the Institute of Medicine of 
the National Academies to establish an independent panel of 
experts to conduct an evidence-based study of the nutrition 
program.
    The study is to include, to the extent data are available:
           an evaluation of the effect of nutrition 
        projects on improvement of health status, including 
        nutritional status of participants; prevention of 
        hunger and food insecurity; and continuation of the 
        ability of participants to live independently;
           a cost-benefit analysis of nutrition 
        projects including their potential to affect Medicaid 
        costs; and
           an analysis of how nutrition projects may be 
        modified to improve health status, prevent hunger, and 
        enable participants to live independently, including by 
        improving the nutritional quality of meals, and by 
        other potential strategies to improve nutrition status.
    The panel is required to submit to the Assistant Secretary 
a report containing the results of the evidence-based study, 
including recommendations. The Assistant Secretary is required 
to submit the report to the House Committee on Education and 
the Workforce and the Senate Committee on Health, Education, 
Labor, and Pensions.
    The Institute of Medicine is required to establish a panel 
of experts within 90 days of the bill's enactment. The panel is 
required to submit the report to the Assistant Secretary within 
24 months of enactment.

Section 29. Improving indoor air quality in buildings where older 
        individuals congregate

    Section 29 requires the Assistant Secretary to work in 
consultation with qualified experts to provide information on 
methods to improve the indoor air quality in buildings where 
older individuals congregate.

Section 30. Caregiver support program definitions

    Section 30 amends definitions for the national family 
caregiver program as follows:
           child is amended to include an adult child 
        with mental retardation or a related developmental 
        disability;
           family caregiver is amended to include 
        caregivers of older individuals or individuals with 
        Alzheimer's disease, or a related disorder with 
        neurological and organic brain dysfunction, who are 50 
        years of age or older;
           grandparent or older individual who is a 
        relative caregiver is amended to specify that a child 
        of a grandparent or step- grandparent caregiver 
        includes an adult child with mental retardation or a 
        related developmental disability. It also includes a 
        child who is adopted. Grandparent or older individual 
        relative caregiver of a child is amended to refer to 
        individuals age 55 and older, rather than 60 years and 
        older as in current law.
    The bill adds a definition of developmental disability and 
refers to the definition in section 102 of the Developmental 
Disabilities Assistance and Bill of Rights Act of 2000.

Section 31. Caregiver support program

    Section 31 specifies that caregiver support services 
include counseling and other services to assist caregivers in 
the areas of health, nutrition, and financial literacy and in 
making decisions and solving problems relating to their 
caregiving roles. The bill also clarifies that in providing 
services for family caregivers, the State is required to give 
priority for services to family caregivers who provide care to 
older individuals.
    Section 31 also revises the current law section relating to 
coordination of the caregiver program with other organizations 
and specifies that each area agency is required to make use of 
trained volunteers to expand caregiver services and, if 
possible, work in coordination with entities carrying out 
volunteer programs (including programs administered by the 
Corporation for National and Community Service) designed to 
provide training, placement, and stipends for volunteers in 
community service settings.
    It also requires that the State reports on the caregiver 
program, which are submitted to the Assistant Secretary, must 
describe any mechanisms used in the State to provide 
information about and access to various services to family 
caregivers, or to grandparents or older individuals who are 
relative caregivers so that they can better carry out their 
care responsibilities.
    The bill specifies that funds to be allotted to States 
under the National Family Caregiver Program are from 
appropriations for fiscal year 2007-fiscal year 2011.

Section 32. Activities and programs of national significance

    Section 32 amends the current law section on ``Activities 
of National Significance'' to allow, rather than require, the 
Assistant Secretary to carry out research and programs that 
include:
           multigenerational programs, including 
        programs that provide supports for grandparents and 
        other older individuals who are relative caregivers 
        raising children (such as kinship navigator programs), 
        and programs that sustain and replicate innovative 
        multigenerational family support programs involving 
        volunteers who are older individuals;
           programs providing support and information 
        to families who have a child with a disability or 
        chronic illness, and to other families in need of 
        family support programs;
           programs addressing unique issues faced by 
        rural caregivers;
           programs focusing on the needs of older 
        individuals with Alzheimer's disease and related 
        dementia and their caregivers; and
           programs supporting caregivers in the roles 
        they carry out in health promotion and disease 
        prevention.

 Title IV. Research, Training, and Demonstration Projects and Programs


Section 33. Grant programs

    Section 33 authorizes the Assistant Secretary to make 
grants to, and enter into contracts with, States, public 
agencies, private nonprofit agencies, institutions of higher 
education, and tribal organizations for the following new 
activities:
           planning activities to prepare communities 
        for the aging of the population; and
           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.

Section 34. Career preparation for the field of aging

    Section 34 requires the Assistant Secretary to make grants 
to Hispanic-serving institutions to provide for education and 
training to prepare students in the field of aging.

Section 35. Health care service demonstration project in rural areas

    Section 35 requires the Assistant Secretary, after 
consultation with State agencies, to make grants to eligible 
organizations to pay part or all of the cost of developing or 
operating model health care service projects in rural areas, 
including mental health care.

Section 36. Technical assistance and innovation to improve 
        transportation for older individuals

    Section 36 stipulates that a nonprofit organization that 
receives a grant or contract under this section is required to 
use these funds to carry out an innovative transportation 
demonstration project to create transportation services for 
older individuals, in addition to providing technical 
assistance to assist local transit providers, area agencies on 
aging, senior centers, and local senior groups, as defined in 
current law. In carrying out the demonstration project or 
technical assistance activities the organization may develop 
innovative approaches for improving access by older individuals 
to transportation services, including volunteer driver 
programs, economically sustainable transportation programs, and 
programs that allow older individuals to transfer their 
automobiles to a transportation provider in exchange for 
services, among other things. This section also defines the 
term economically sustainable transportation.

Section 37. Community planning for the aging population

    Section 37 authorizes the Secretary to establish, either 
directly or through grants or contracts, a national technical 
assistance program to assist States and area agencies on aging 
in planning efforts to prepare communities for the aging of the 
population.

Section 38. Demonstration, support, and research projects for 
        multigenerational activities and civic engagement activities

    Section 38 amends the title of Section 417, as follows 
``Section 417. Demonstration, Support, and Research Projects 
for Multigenerational Activities and Civic Engagement 
Activities''.
    Grants and Contracts. Section 38 requires the Assistant 
Secretary to award grants and enter into contracts with 
eligible organizations to conduct the following activities--
           conduct productivity and cost-benefit 
        research to determine the effectiveness of engaging 
        older individuals in paid and unpaid positions with 
        public and nonprofit organizations;
           develop a national agenda and blueprint for 
        creating paid and unpaid positions with public and 
        nonprofit organizations;
           carry out demonstrations and support 
        projects to provide older individuals with 
        multigenerational and civic engagement activities; and
           carry out demonstration projects to 
        coordinate multigenerational and civic engagement 
        activities.
    Use of Funds. Section 38 requires, among other things, that 
funds made available under a grant or contract must be used to 
carry out the specified activities as well as to evaluate the 
project involved.
    Preference. The bill requires the Assistant Secretary to 
give preference to:
           organizations with a demonstrated record of 
        carrying out multigenerational or civic engagement 
        activities;
           organizations proposing multigenerational or 
        civic engagement activity service projects that will 
        serve older individuals and communities with the 
        greatest need; and
           organizations with the capacity to develop 
        meaningful roles and assignments that use the time, 
        skills, and experience of older individuals to serve 
        public and nonprofit organizations.
    Section 38 requires that organizations submit an 
application to the Assistant Secretary, as required, to be 
eligible to receive a grant. Section 38 also defines eligible 
organizations, and requires an evaluation of the 
multigenerational and civic engagement activities undertaken, 
requires a report to Congress. It also defines the following 
terms: civic engagement activity, multigenerational activity, 
and multigenerational coordinator.

Section 39. Native American programs

    Section 39 amends Section 418 to stipulate that each 
Resource Center for Native American Elders that receives funds 
focus on priority areas of concern for Native American older 
individuals, including, among other things, mental health 
problems.

Section 40. Multidisciplinary centers and multidisciplinary systems

    Section 40 renames Section 419 and adds a new subsection 
requiring the Assistant Secretary to make competitive grants to 
States for the development and operation of service delivery 
systems for mental health screening and treatment services and 
related programs for older individuals who lack access to such 
services. It requires programs to:
           increase public awareness regarding the 
        benefits of prevention and treatment of mental 
        disorders in older individuals;
           reduce the stigma associated with mental 
        disorders in older individuals and other barriers to 
        the diagnosis and treatment of the disorders; and
           reduce age-related prejudice and 
        discrimination regarding mental disorders in older 
        individuals.
    In awarding grants, Section 40 requires that a State agency 
that receives funds through a grant, allocate the funds to area 
agencies on aging to carry out multidisciplinary health 
services in planning and service areas in the State. In 
allocating the funds, the State agency is required to give 
priority to planning and service areas that are medically 
underserved and in which there are a large number of older 
individuals. It also requires each area agency on aging to 
coordinate mental health and treatment services with other 
organizations and integrate outreach and educational activities 
with existing health care and social service providers, to the 
greatest extent practicable. Funds made available under this 
part are to supplement and not supplant any Federal, State, and 
local funds expended by a State. This section defines the term 
mental health screening and treatment services.

Section 41. Community Innovations for Aging in Place

    Section 41 adds a new Section 422 to Title IV, Community 
Innovations for Aging in Place. It defines the following terms: 
eligible entity, and Naturally Occurring Retirement Community 
(NORC).
    Grants. Section 41 requires the Assistant Secretary to make 
grants to eligible entities for developing or carrying out 
model aging in place projects for older individuals, including 
individuals who reside in NORCs. Grants are to be for 3-year 
periods.
    Applications. The bill requires entities to submit an 
application, as required by the Assistant Secretary, and sets 
forth application requirements.
    Use of Funds. Section 41 further stipulates that entities 
use grant funds to provide a comprehensive and coordinated 
array of community-based health and social services, which may 
include mental health services. Specifically, the bill requires 
that eligible entities provide the following services:
           case management, case assistance, and social 
        work services;
           health care management and health care 
        assistance, including disease prevention and health 
        promotion services;
           education, socialization, and recreational 
        activities;
           volunteer opportunities for project 
        participants; and
           coordination of the services provided under 
        Title III for eligible older individuals served by the 
        project.
    Section 41 requires an eligible entity, to the extent 
practicable, to serve communities of low-income individuals and 
locate services in, or in close proximity to, locations where 
large concentrations of older individuals have aged in place, 
such as NORCs. The bill requires that funds made available to 
an eligible entity supplement and not supplant any Federal, 
State, or other funds otherwise available to the entity.
    Competitive Grants for Technical Assistance. Section 41 
requires the Assistant Secretary to award grants to eligible 
organizations to provide technical assistance to aging in place 
grant recipients and carry out other duties as determined by 
the Assistant Secretary. To be eligible to receive a grant, an 
organization is required to be a nonprofit organization 
(including a partnership of nonprofit organizations) that has 
experience and expertise in providing technical assistance to a 
range of entities serving older individuals, and experience in 
evaluating and reporting on programs; and has demonstrated 
knowledge of and expertise in community-based health and social 
services.
    Section 41 also specifies that to be eligible to receive a 
grant under this subsection, an organization (including a 
partnership of nonprofit organizations) shall submit an 
application. It also sets forth application requirements, 
including an assurance that the organization will submit 
evaluations and reports as required by the Assistant Secretary.
    Reports. The Assistant Secretary is further required 
annually to prepare and submit a report to Congress that 
includes:
           an evaluation of the aging in place model 
        projects;
           recommended best practices for carrying out 
        projects for older individuals aging in place; and
           recommendations for legislative or 
        administrative actions.

Section 42. Choices for Independence Demonstration Project

    Section 42 adds a new section 423 of Title IV, Choices for 
Independence Demonstration Projects. It defines the following 
terms: consumer, high-risk individual, qualified expenditures, 
and service coordination.
    Authority. Section 42 requires the Assistant Secretary to 
make grants on a competitive basis to States to enable them to 
pay for the Federal share of the cost of modifying their long-
term care systems to promote and facilitate:
           the choice and control of older individuals 
        and their families in securing long-term care;
           the coordination and cost-effectiveness of 
        State systems of long-term care;
           the provision of long-term care in home and 
        community-based settings; and
           the ability of individuals receiving long-
        term care to remain as independent and self-sufficient 
        as possible.
    Applications by States. For a State to be eligible to 
receive a grant under this section, the Governor must submit an 
application, as required by the Assistant Secretary.
    Use of Funds by States. Section 42 requires that a State 
use funds to carry out a demonstration project, either directly 
or by contract, by integrating into the State's system of long-
term care: public education efforts, Healthy Lifestyle Choices 
programs, ADRCs, and Community Living Incentives programs.
            Public education
    Public education efforts are to help ensure that consumers 
are aware of the need to plan in advance for long-term care and 
of available public and private long-term care options, 
including private long-term care insurance and sources of 
information and resources, including ADRCs.
            Healthy Lifestyle Choices
    Health Lifestyle Choices programs are to provide low-cost, 
community-level, evidence-based prevention programs and related 
tools to help older individuals and their family caregivers 
learn about and make behavioral changes intended to reduce the 
risk of injury, disease, and disability among older 
individuals.
            ADRCs
    States are required to establish ADRCs that provide:
           comprehensive information on available 
        public and private long-term care programs, options, 
        and resources;
           personal counseling and service coordination 
        to assist consumers in assessing their existing or 
        anticipated long-term care needs and circumstances, and 
        developing and implementing a plan for long- term care 
        designed to meet their specific needs and 
        circumstances;
           a convenient point of entry to the range of 
        publicly supported long-term care programs for which an 
        individual may be eligible, including Medicaid, and to 
        such other public benefit programs as the state 
        determines to be appropriate;
           a single process for consumer intake, 
        assessment, and applications for benefits programs, 
        including, where appropriate and feasible, facilitating 
        the determination of an individual's eligibility by 
        collaborating with the appropriate programmatic 
        offices; and
           the ability to respond immediately to a 
        request for assistance from an individual or a family 
        member, in the event of a crisis situation that could 
        result in placement in an institutional care setting; 
        and to provide (or coordinate the provision of), such 
        available short-term assistance as would be necessary 
        and appropriate to temporarily preclude the need for 
        such institutional placement, until a plan for home and 
        community-based long-term care can be developed and 
        implemented.
    Section 42 further specifies that in providing for ADRCs, 
the State is required to ensure that staff are appropriately 
trained to understand the interactions between private long-
term care insurance (especially insurance through long-term 
care partnership policies) and eligibility for benefits under 
Medicaid.
            Community Living Incentives
    Community Living Incentives programs are to help States 
provide home and community-based long-term care to individuals 
at high-risk of placement in institutional care. The State is 
required to ensure that individuals at greatest risk for 
becoming eligible for benefits under the Medicaid program 
receive priority for home and community-based long-term care. 
In addition, Community Living Incentives programs are to carry 
out the following activities:
           Long-Term Care Plan. Provide for assessments 
        of the needs and preferences o high-risk individuals 
        with respect to long-term care and, based on such 
        assessments, develop with individuals and their family, 
        caregivers, or legal representatives a plan for long-
        term care for such individuals, specifying the types of 
        support, providers, budget, and, if the State elects, 
        cost-sharing contributions involved.
           Allocation of Funds Based on Individual 
        Budgets. Ensure that funding for Community Living 
        Incentives programs be allocated among, and disbursed 
        for, the budgets of high-risk individuals under their 
        individually developed long-term care plans.
           Option to Provide Consumer-Directed Care. 
        Provide high-risk individuals with the option to 
        receive home and community-based long-term care in a 
        manner that permits individuals to direct and control, 
        in conjunction with a service coordinator, the 
        selection, planning, budgeting, and purchasing of such 
        care (including the amount, duration, scope, providers, 
        and location of such care), to the extent determined 
        appropriate and feasible under the long-term care plan 
        developed. The service coordinator is required to 
        assist the high-risk individuals in purchasing from a 
        qualified provider, a range of long-term care services 
        or supplies, not otherwise available or eligible for 
        payment through a Federal or State program or a similar 
        third party, that are delivered in home and community-
        based settings and in a manner that best meets the 
        individuals' needs and respects the individuals' 
        preferences to remain in the least restrictive setting 
        possible.
    Federal Share. The bill sets the Federal share for the cost 
of demonstration projects at not more than 75 percent of the 
cost (calculated on an annual basis as the State's qualified 
expenditures for program modifications in the respective fiscal 
year).
    Special Provisions Relating to ADRCs. Section 42 further 
stipulates that a State ensure that any ADRC:
           coordinate its activities with any State 
        health insurance information, counseling, and 
        assistance program (SHIP) receiving funding (under 
        Section 4360 of the Omnibus Reconciliation Act of 
        1990);
           be subject to such controls, as determined 
        by the Assistant Secretary, to ensure there is not a 
        conflict of interest with respect to any referrals, for 
        information or otherwise, made by the ADRC for 
        individuals' receiving services through the Center; and
           provide no long-term care services or 
        supplies, with the exception of case management 
        services provided through the area agencies on aging.
    Special Provision Relating to Option To Provide Consumer-
Directed Care. Payments made for high-risk individuals are not 
to be included in an individual's gross income for the purposes 
of the Internal Revenue Code of 1986 and not to be treated as 
income, assets, or benefits, or otherwise to be taken into 
account for purposes of determining the individual's 
eligibility or cost-sharing for any other Federal or State 
program, other than the program carried out under this section.
    Technical Assistance to States. The bill requires the 
Assistant Secretary, directly or by grant or contract, to 
provide for technical assistance and oversight of States 
carrying out demonstration projects, for the purpose of 
administration, quality assurance, and quality improvement.
    Evaluation and Report. Section 42 requires the Assistant 
Secretary, directly or by grant or contract, to provide for an 
evaluation of the demonstration projects and report the 
findings to the President no later than 6 months after 
termination of the demonstration projects.

Section 43. Responsibilities of Assistant Secretary

    Section 43 clarifies the requirement that the Assistant 
Secretary use the evaluation to improve services delivered, or 
the operation of projects and programs carried out under this 
act, including preparing an analysis of such services, 
projects, and programs, and of how the evaluation related to 
improvements in such services, projects, and programs, and in 
the strategic plan of the Administration.

       Title V. Community Service Employment for Older Americans


Section 44. Older American Community Service Employment Program

    Section 44 specifies that for purposes of a title V 
participant's eligibility, an underemployed person shall be 
considered to be an unemployed person. It also requires title V 
projects to serve the needs of eligible individuals with 
limited English proficiency.
    The bill specifies that an eligible individual may 
participate in title V projects for a period of not more than 
36 months (whether or not consecutive) in the aggregate. A 
grantee may extend the period of participation for up to 20 
percent of the project participants. In selecting participants 
for the extended period, the grantee is to give priority to: 
participants age 65 and older or frail older individuals, and 
individuals who have more than one of the following barriers to 
employment: a disability; limited English proficiency or low 
literacy skills; rural residence; residence in an area of high 
employment; homelessness, or a situation that puts the 
individual at risk for homelessness; and failure to find 
employment after using services under Title I of the Workforce 
Investment Act of 1998 (WIA).
    A grantee may petition for a waiver of the 36-month limit 
if the grantee serves a high concentration of individuals who 
are hard-to-serve because they have more than one barrier to 
employment, including a grantee that operates a project in an 
area where at least 60 percent of the counties are rural 
counties (as defined by the Economic Research Service of the 
Department of Agriculture).
    Section 44 expresses the sense of the Senate that: the 
Older American Community Service Employment Program was created 
with the intent of placing older individuals in community 
service positions to provide job training placements; and, 
placing older individuals in community service positions 
strengthens the ability of individuals to become self-
sufficient, provides much-needed volunteer support to 
organizations that benefit significantly from increased civic 
engagement, and strengthens the communities that are served by 
such organizations.

Section 45. Performance

    Section 45 requires the Secretary of Labor to establish and 
implement performance measures, after consultation with the 
Assistant Secretary for Aging (and others listed in current 
law). The bill also requires the Assistant Secretary to provide 
recommendations to the Secretary on establishment and 
implementation of performance measures.
    Section 45 requires that the levels of performance 
(applicable to indicators of performance) are to be adjusted 
with respect to factors in current law and the following 
additional factors specified by the bill: not less than 60 
percent of counties in areas served by grantees are rural, as 
defined by the Economic Research Service of the Department of 
Agriculture; the areas served by the grantee comprise a 
difficult-to-serve territory due to limited economies of scale.
    The bill requires the Secretary to establish and implement 
performance measures, including all required indicators, not 
later than 1 year after the date of enactment of the bill. The 
Secretary is prohibited from publishing a notice announcing a 
grant competition and soliciting proposals until the later of 
(1) the date when the Secretary implements all required 
performance indicators, and (2) January 1, 2010. In 
implementing a performance measure, the Secretary is prohibited 
from reducing a score on the performance measures of a grantee 
that receives a waiver to extend the period for enrollee 
participation if the grantee serves a high concentration of 
hard-to-serve individuals and, if a grantee extends the 
enrollee participation time period for more than 20 percent of 
participants for priority participants, as specified by the 
bill.

Section 46. Competitive requirements

    Section 46 eliminates the requirement that grants be 
awarded for a period of 1 year, except that, after promulgation 
of regulations and establishment of performance standards, for 
a period not to exceed 3 years. Instead, the bill requires the 
Secretary to award grants to eligible applicants to carry out 
projects for a 4-year period, through a competitive process 
that emphasizes meeting performance measures. The Secretary is 
prohibited from conducting a grant competition until the later 
of (1) the date when the Secretary implements all required 
performance indicators, and (2) January 1, 2010.
    Section 46 also stipulates than an applicant is eligible to 
receive a grant according to criteria in current law, and adds 
the following criteria:
           the applicant's performance on the required 
        indicators specified by the bill (in the case of prior 
        recipients), and the applicant's ability to meet the 
        required indicators (in the case of new applicants);
           the applicant's ability to administer a 
        program that provides community service;
           the applicant's ability to minimize 
        disruption in services for participants and employers; 
        and
            and any additional criteria specified by 
        the Secretary.
    The bill deletes the requirement stipulating that if a 
grantee fails to meet the national performance measures for a 
second consecutive year, the Secretary is required to conduct a 
national competition to award 25 percent of the grantee's funds 
for the following year. It also deletes the requirement 
stipulating that if a grantee fails to meet the national 
performance standards for a third consecutive year, the 
Secretary is required to conduct a national competition to 
award the remainder of funds (after the 25 percent deduction 
specified above) for use for the following year. The bill also 
deletes the requirement that the Secretary take corrective 
action if the Secretary determines that a project operated by a 
national grantee in a State has attained performance levels 20 
percent or more below the national performance measures, and 
has failed to meet national performance measures. Instead, the 
bill requires the Secretary to provide technical assistance to 
the grantee. It also deletes provisions that specify 
circumstances that are to occur regarding the first, second and 
third years of failure of a grantee in a State.
    The bill adds the following groups to the definition of 
individuals with barriers to employment: minority and Indian 
individuals, individuals with limited English proficiency, and 
individuals with greatest economic need.
    It also specifies that in areas where a substantial 
population of individuals with barriers to employment exists, a 
grantee that receives a national grant shall, in selecting 
subgrantees, give special consideration to selecting 
organizations (including former recipients of national grants) 
with demonstrated expertise in serving individuals with 
barriers to employment.
    The bill prohibits the Secretary from promulgating rules 
affecting grantees in areas where a substantial population of 
minority individuals exist that would significantly compromise 
the ability of grantees to serve their targeted populations.

Section 47. Definitions

    The bill excludes as income: unemployment compensation, 
Supplemental Security Income (SSI) benefits, 25 percent of 
benefits received under Title II of the Social Security Act, 
and payments made to or on behalf of veterans or former members 
of the Armed Forces under laws administered by the Secretary of 
Veterans Affairs.

                 Title VI. Grants for Native Americans


Section 48. Clarification of maintenance requirement

    Section 48 defines the term covered year as fiscal year 
2006 or a subsequent fiscal year, for purposes of distribution 
of funds to tribal organizations.
    Section 48 also clarifies current law provisions for the 
distribution of funds among tribal organizations. It specifies 
that if a tribal organization received a grant for fiscal year 
1991 as part of a consortium, the Assistant Secretary is 
required to consider the tribal organization to have received a 
grant for the purposes of the distribution of funds among 
tribal organizations (related to maintenance of fiscal year 
1991 and prior year funds and additional amounts appropriated). 
This section further specifies that these provisions are to be 
applied to the tribal organization for each covered year for 
which it submits an application, even if the application is 
submitted separate from the consortium or as one of the 
remaining members of the consortium. Section 48 stipulates that 
this provision takes effect on October 1, 2005.

Section 49. Native Americans Caregiver Support Program

    Section 49 authorizes for the Native American Caregiver 
Support Program, $6.5 million for fiscal year 2007, $7.0 
million for fiscal year 2008, $7.5 million for fiscal year 
2009, $8.0 million for fiscal year 2010, and $8.5 million for 
fiscal year 2011.

Title VII. Allotments for Vulnerable Elder Rights Protection Activities


Section 50. Vulnerable elder rights protection activities

    Section 50 authorizes such sums as may be necessary for the 
long-term care ombudsman, the elder abuse prevention, and the 
legal assistance development program for fiscal year 2007 and 
subsequent fiscal years.

Section 51. Elder abuse, neglect, and exploitation prevention amendment

    Section 51 adds a new provision specifying that States are 
required to use their allotments to provide for public 
education and outreach to promote financial literacy and 
prevent identity theft and financial exploitation of older 
individuals.

Section 52. Native American organization provisions

    Section 52 authorizes such sums as may be necessary for 
fiscal year 2007 and subsequent fiscal years for the elder 
rights programs for Native Americans.

Section 53. Elder Justice Programs

    Section 53 establishes the purposes of the Elder Justice 
Programs (added by the bill as Title VII Subpart B) as follows:
           to assist States and Indian tribes in 
        developing a comprehensive multidisciplinary approach 
        to elder justice;
           to promote research and data collection that 
        will fill gaps in knowledge about elder abuse, neglect, 
        and exploitation;
           to support innovative and effective 
        activities of service providers and programs that are 
        designed to address issues relating to elder abuse, 
        neglect, and exploitation;
           to assist States, tribes, and local service 
        providers in the development of short- and long-term 
        strategic plans for the development and coordination of 
        elder justice research, programs, studies, training, 
        and other efforts; and
           to promote collaborative efforts and 
        diminish overlap and gaps in efforts in developing the 
        important field of elder justice.
    Section 53 amends title VII of the act to add a new 
Subtitle B, Elder Justice Programs.
    Section 53 defines the following terms: caregiver; direct 
care; elder; elder justice; eligible entity; fiduciary; grant; 
law enforcement; long-term care; loss of capacity for self-
care; long-term care facility; nursing facility; State legal 
assistance developer; and State long-term care ombudsman.
    Section 53 authorizes the Assistant Secretary to award 
grants to States and tribes to strengthen long-term care and 
provide assistance for elder justice programs. To be eligible 
to receive a grant, a State or tribal organization is required 
to submit an application as required by the Assistant 
Secretary.
    Use of Funds. A State or tribe that receives a grant may 
use the funds to award grants to eligible entities:
           for the prevention, detection, assessment, 
        and treatment of, intervention in, investigation of, 
        and response to elder abuse, neglect, and exploitation;
           to examine various types of elder shelters 
        (safe havens), and to test various models for 
        establishing safe havens (at home or elsewhere);
           to establish or continue volunteer programs 
        that focus on the issues of elder abuse, neglect, and 
        exploitation, or to provide related services;
           to support multidisciplinary elder justice 
        activities by, among other things, supporting and 
        studying team approaches for bringing a 
        multidisciplinary response to elder abuse, neglect, and 
        exploitation; establishing a State or tribal 
        coordinating council; providing training, technical 
        assistance and other methods of support; and broadening 
        and studying various models for elder fatality and 
        serious injury review teams;
           to provide training for individuals with 
        respect to issues of elder abuse, neglect, and 
        exploitation;
           to address underserved populations of 
        elders, such as elders living in rural locations, 
        elders in minority populations, or low-income elders;
           to provide incentives for individuals to 
        train for, seek, and maintain employment providing 
        direct care in a long-term care facility;
           to encourage the establishment of eligible 
        partnerships to develop collaborative and innovative 
        approaches to improve the quality of long-term care, 
        including preventing abuse, neglect, and exploitation; 
        or
           to establish multidisciplinary panels to 
        address and develop best practices concerning methods 
        of improving the quality of long-term care and 
        addressing abuse, including resident-to-resident abuse, 
        in long-term care.
    Administrative Expenses. A State or tribe that receives a 
grant is required to use no more than 5 percent of the funds 
made available through the grant to pay for administrative 
expenses.
    Supplement Not Supplant. Funds made available through 
grants must be used to supplement, and not supplant, other 
Federal, State and local (including tribal) funds expended to 
carry out the grant activities.
    Maintenance of Effort. The State or tribe, in using the 
proceeds of a grant received, is required to maintain its 
expenditures for elder justice programs at a level not less 
than the level they spent for the fiscal year prior to 
receiving the grant under Subtitle B.
    Accountability Measures. The Assistant Secretary is 
required to develop accountability measures to ensure the 
effectiveness of the activities conducted using funds through 
these grants, including accountability measures to ensure that 
incentives for individuals to train for, seek, and maintain 
employment providing direct care in a long-term care facility 
benefit eligible employees and increase the stability of the 
long-term care workforce.
    Evaluating Programs. The Assistant Secretary is required to 
evaluate the activities conducted using funds made available 
through Subtitle B grants, and to use the results of such 
evaluation to determine the activities for which grant funds 
may be used.
    Compliance With Applicable Laws. An entity receiving funds 
is required to comply with all applicable laws, regulations, 
and guidelines.
    Eligible Partnerships. The bill defines eligible 
partnerships as a multidisciplinary community partnership 
consisting of eligible entities or appropriate individuals, 
such as a partnership consisting of representatives in a 
community of nursing facility providers, State legal assistance 
developers, advocates for residents of long-term care 
facilities, State long-term care ombudsmen, surveyors, the 
State agency with responsibility for adult protective services, 
the State agency with responsibility for licensing long-term 
care facilities, law enforcement agencies, courts, family 
councils, residents, certified nurse aides, registered nurses, 
physicians, and other eligible entities and appropriate 
individuals.
    Authorization of Appropriations. The bill authorizes such 
sums as may be necessary for each of fiscal year 2005-fiscal 
year 2008 to carry out grants authorized to states and tribes 
to strengthen long-term care and provide assistance for elder 
justice programs.
    Section 53 also establishes uniform collection, maintenance 
and dissemination of national data on elder abuse, neglect, and 
exploitation.
    Purpose. To improve, streamline, and promote uniform 
collection, maintenance, and dissemination of national data 
relating to the various types of elder abuse, neglect, and 
exploitation.
    Phase I. The Assistant Secretary, acting through the head 
of the Office of Elder Abuse Prevention and Services, after 
consultation with the Attorney General and working with experts 
in relevant disciplines from the Bureau of Justice Statistics 
of the Office of Justice Programs of the Department of Justice, 
is required, not later than 1 year after enactment, to:
           develop a method for collecting national 
        data regarding elder abuse, neglect, and exploitation; 
        and
           develop uniform national data reporting 
        forms adapted to each relevant entity or discipline 
        (such as health, public safety, social and protective 
        services, and law enforcement) reflecting: the distinct 
        manner in which each entity or discipline receives and 
        maintains information; and the sequence and history of 
        reports to or involvement of different entities or 
        disciplines, independently, or the sequence and history 
        of reports from one entity or discipline to another 
        over time.
    The national data reporting forms are required to 
incorporate the definitions of Elder Justice Programs as 
defined by the bill, for use in determining whether an event is 
reportable. In addition, the Secretary is required to ensure 
the protection of individual health privacy consistent with the 
regulations promulgated under section 264(c) of the Health 
Insurance Portability and Accountability Act of 1996, and State 
and local privacy regulations (as applicable).
    Phase II. The Secretary (or the Secretary's designee) is 
required to ensure that the national data reporting forms and 
data collection methods are pilot tested in six States selected 
by the Secretary. This is to take place no later than 1 year 
after Phase I activities are completed. The Secretary is also 
required to adjust the national data reporting forms and data 
collection methods as necessary, after considering the results 
of the pilot testing and consulting with the Attorney General 
and relevant experts.
    Phase III. After completion of the adjustment to the 
national data reporting forms, the Secretary is required to 
submit the national data reporting forms, along with 
instructions, to the heads of the relevant components of HHS, 
the Department of Justice, and the Department of the Treasury, 
and such other Federal entities as may be appropriate, and to 
each Governor's office for data collection from all relevant 
State entities, including health care, social services, and law 
enforcement.
    Data Collection Grants to States. The Secretary is 
authorized to award grants to States to improve data collection 
activities relating to elder abuse, neglect, and exploitation. 
To be eligible to receive a grant, a State is required to 
submit an application, as required, to the Secretary. Each 
State receiving a grant for a fiscal year is required to report 
data for the calendar year that begins during that fiscal year, 
using the national data reporting forms.
    Funding of Data Collection Grants. The Secretary is 
required initially to distribute 50 percent of the grant funds. 
The remaining funds are to be distributed at the end of the 
calendar year that begins during that fiscal year, if the 
Secretary determines that the state has properly reported 
required data for the calendar year. Submitted reports are 
required to indicate the State and year in which each event 
occurred; and identify the total number of events and the type 
of each event that occurred in each State during the year.
    Report. The Secretary, not later than 1 year after the date 
of enactment of the bill and annually thereafter, is required 
to prepare and submit a report regarding activities conducted 
under this section to the appropriate committees of Congress, 
including the Committee on Health, Education, Labor, and 
Pensions and the Special Committee on Aging of the Senate.
    Authorization of Appropriations. The bill authorizes such 
sums as may be necessary to carry out the collection of uniform 
data on elder abuse, neglect, and exploitation for each of 
fiscal years 2007-2011.

Section 54. Rule of construction

    Section 54 specifies that nothing in title VII of the act 
is to be construed to interfere with or abridge the right of an 
older individual to practice his/her religion through reliance 
on prayer alone for healing, in a case in which a decision to 
practice the religion:
           is contemporaneously expressed by the older 
        individual--either orally or in writing with respect to 
        a specific illness or injury that the older individual 
        has at the time of the decision and when the older 
        individual is competent to make the decision;
           is set forth prior to the occurrence of the 
        illness or injury in a living will, health care proxy, 
        or other advance directive document that is validly 
        executed and applied under state law; or
           may be unambiguously deduced from the older 
        individual's life history.

                     VIII. Changes in Existing Law

    In compliance with rule XXVI paragraph 12 of the Standing 
Rules of the Senate, the following provides a print of the 
statute or the part or section thereof to be amended or 
replaced (existing law proposed to be omitted is enclosed in 
black brackets, new matter is printed in italic, existing law 
in which no change is proposed is shown in roman):

                      OLDER AMERICANS ACT OF 1965

    Sec. 101. * * *

           *       *       *       *       *       *       *


                              DEFINITIONS

    Sec. 102. For the purposes of this Act--
          (1) * * *

           *       *       *       *       *       *       *

          (12) The term ``disease prevention and health 
        promotion services'' means--
                  (A) health risk assessments;
                  (B) * * *
                  (C) * * *
                  [(D) health promotion programs, including but 
                not limited to programs relating to prevention 
                and reduction of effects of chronic disabling 
                conditions (including osteoporosis and 
                cardiovascular disease), alcohol and substance 
                abuse reduction, smoking cessation, weight loss 
                and control, and stress management;]
    (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;
    (13) The term ``abuse'' means the willful--
                  (A) * * *

           *       *       *       *       *       *       *

          (23) The term ``elder abuse, neglect, and 
        exploitation'' mean abuse, neglect, and exploitation, 
        of an older individual.
          [(24) The term ``exploitation'' means the illegal or 
        improper act or process of an individual, including a 
        caregiver, using the resources of an older individual 
        for monetary or personal benefit, profit, or gain.]
          (24) The term ``exploitation'' means the fraudulent 
        or otherwise illegal, unauthorized, or improper act or 
        process of an individual, including a caregiver or 
        fiduciary (as such terms are defined in section 751), 
        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.

           *       *       *       *       *       *       *

          (29) The term ``information and assistance service'' 
        means a service for older individuals that--
                  (A) * * *

           *       *       *       *       *       *       *

                  (E) serves the entire community of older 
                individuals, particularly--
                          (i) older individuals with greatest 
                        social need; [and]
                          (ii) older individuals with greatest 
                        economic need[.]; and
                          (iii) older individuals at risk for 
                        institutional placement.

           *       *       *       *       *       *       *

          (32) The term ``long-term care facility'' means--
                  (A) * * *

           *       *       *       *       *       *       *

                  (D) any other adult care home, including an 
                assisted living facility, similar to a facility 
                or institution describe in subparagraphs (A) 
                through (C).

           *       *       *       *       *       *       *

          [(34) The term ``neglect'' means--
                  (A) the failure to provide for oneself the 
                goods or services that are necessary to avoid 
                physical harm, mental anguish, or mental 
                illness; or
          (B) the failure of a caregiver to provide the goods 
        or services.]
                  (34)(A) The term ``neglect'' means--
                  (i) the failure of a caregiver or fiduciary 
                (as such terms are defined in section 751) to 
                provide the goods or services that are 
                necessary to maintain the health or safety of 
                an older individual; or
                  (ii) self-neglect.
          (B) 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--
                  (i) obtaining essential food, clothing, 
                shelter, and medical care;
                  (ii) obtaining goods and services necessary 
                to maintain physical health, mental health, or 
                general safety; or
                  (iii) managing one's own financial affairs.

           *       *       *       *       *       *       *

          (43) The term ``sexual assault'' has the meaning 
        given the term in section 2003 of the Omnibus Crime 
        Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-
        2).
          (44) The term ``Aging and Disability Resource 
        Center'' means a center established by a State as part 
        of the State system of long-term care, to provide a 
        coordinated system for providing--
                  (A) comprehensive information on 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 
                consumers may be eligible, by serving as a 
                convenient point of entry for such programs.
          (45) The term ``at risk for institutional placement'' 
        means, with respect to an older individual, that such 
        individual is unable to perform at least 2 activities 
        of daily living without substantial assistance 
        (including verbal reminding, physical cuing, or 
        supervision), including such an older individual that 
        is determined by the State involved to be in need of 
        placement in a long-term care facility.
          (46) The term ``Hispanic-serving institution'' has 
        the meaning given the term in section 502 of the Higher 
        Education Act of 1965 (20 D.S.C. 1101a).
          (47) Except as provided in section 751, the term 
        ``long-term care'' means any services, care, or items 
        (including assistive devices) that are--
                  (A) intended to assist individuals in coping 
                with, and to the extent practicable 
                compensating 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)(l), and a 
                large community care setting as defined in 
                subsection (h)(l), of section 1929 of the 
                Social Security Act (42 D.S.C. 1396t)), or in a 
                long-term care facility; and
                  (C) not furnished to diagnose, treat, or cure 
                a medical disease or condition.
          (48) The term ``self-directed care'' means an 
        approach to providing services (including programs, 
        benefits, supports, and technology) under this Act 
        intended to assist an older 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 is necessary and 
                appropriate to enable such individual to make 
                informed decisions about the individual's 
                service options;
                  (C) the needs, capabilities, and preferences 
                of such individual with respect to such 
                services, and such individual's ability to 
                direct and control the individual's receipt of 
                such services, are assessed by the area agency 
                on aging involved or the local provider agency;
                  (D) based on the assessment made under 
                subparagraph (C), upon request, the area agency 
                on aging assists such individual and the 
                individual's family, caregiver, or legal 
                representative in developing--
                          (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 
                involved provides for oversight of such 
                individual's self-directed receipt of services, 
                including steps to ensure the quality of 
                services provided and the appropriate use of 
                funds under this Act.
          (49) 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.

           *       *       *       *       *       *       *


                   TITLE II--ADMINISTRATION ON AGING


                ESTABLISHMENT OF ADMINISTRATION ON AGING

    Sec. 201. (a) * * *

           *       *       *       *       *       *       *

    (d)(1) * * *

           *       *       *       *       *       *       *

    (e)(1) In this subsection, the terms defined in section 751 
shall have the meanings given those terms in that section.
    (2) The Secretary is authorized to establish or designate 
within the Administration (as defined in section 102) an Office 
of Elder Abuse Prevention and Services.
    (3) It shall be the duty of the Assistant Secretary, acting 
through the head of the Office of Elder Abuse Prevention and 
Services to--
          (A) develop objectives, priorities, policy, and a 
        long-term plan for--
                  (i) carrying out elder justice programs and 
                activities relating to--
                          (I) elder abuse prevention, 
                        detection, treatment, intervention, and 
                        response;
                          (II) training of individuals 
                        regarding the matters described in 
                        subclause (I); and
                          (III) the improvement of the elder 
                        justice system in the United States;
                  (ii) annually collecting, maintaining, and 
                disseminating data relating to the abuse, 
                neglect, and exploitation of elders (and, in 
                the discretion of the Secretary, vulnerable 
                adults), including collecting, maintaining, and 
                disseminating such data under section 753 after 
                consultation with the Attorney General and 
                working with experts from the Department of 
                Justice described in section 753(b)(1);
                  (iii) disseminating information concerning 
                best practices regarding, and providing 
                training on, carrying out activities related to 
                abuse, neglect, and exploitation of elders 
                (and, in the discretion of the Secretary, 
                vulnerable adults);
                  (iv) in conjunction with the necessary 
                experts, conducting research related to abuse, 
                neglect, and exploitation of elders (and, in 
                the discretion of the Secretary, vulnerable 
                adults);
                  (v) providing technical assistance to States 
                and other eligible entities that provide or 
                fund the provision of the services described in 
                subtitle B of title VII; and
                  (vi) carrying out a study to determine the 
                national incidence and prevalence of elder 
                abuse, neglect, and exploitation in all 
                settings;
          (B) implement the overall policy and a strategy to 
        carry out the plan described in subparagraph (A); and
          (C) provide advice to the Secretary on elder justice 
        issues and administer such program relating to elder 
        abuse, neglect, and exploitation as the Secretary 
        determines to be appropriate.
      (4) The Secretary, acting through the Assistant 
Secretary, may issue such regulations as may be necessary to 
carry out this subsection and subtitle B of title VII.

           *       *       *       *       *       *       *


                    FUNCTIONS OF ASSISTANT SECRETARY

    Sec. 202. (a) It shall be the duty and function of the 
Administration to--
          (1) * * *

           *       *       *       *       *       *       *

          (11) * * *
          (12)(A) consult and coordinate activities with the 
        Administrator of the Centers for Medicare & Medicaid 
        Services to implement and build awareness of programs 
        providing new benefits affecting older individuals; and
          [(12) carry on] (B) carry on a continuing evaluation 
        of the programs and activities related to the 
        objectives of this Act, with particular attention to 
        the impact of medicare and medicaid, the Age 
        Discrimination in Employment Act of 1967, and the 
        programs of the National Housing Act relating to 
        housing for older individuals and the setting of 
        standards for the licensing of nursing homes, 
        intermediate care homes, and other facilities providing 
        care for such individuals;

           *       *       *       *       *       *       *

          [(20) encourage, and provide technical assistance to, 
        States and area agencies on aging to carry out outreach 
        to inform older individuals with greatest economic need 
        who may be eligible to receive, but are not receiving, 
        supplemental security income benefits under title XVI 
        of the Social Security Act (42 U.S.C. 1381 et seq.) (or 
        assistance under a State plan program under such 
        title), medical assistance under title XIX of such Act 
        (42 U.S.C. 1396 et seq.), and benefits under the Food 
        Stamp Act of 1977 (7 U.S.C. 2011 et seq.), of the 
        requirements for eligibility to receive such benefits 
        and such assistance;]
          (20)(A) provide technical assistance and support for 
        outreach and benefits enrollment assistance to support 
        efforts--
                  (i) to inform older individuals with greatest 
                economic need, who may be eligible to 
                participate, but who are not participating, in 
                Federal and State programs for which the 
                individuals are eligible, about the programs; 
                and
                  (ii) to enroll the individuals in the 
                programs;
          (B) in cooperation with related Federal agency 
        partners administering the Federal programs, make a 
        grant to or enter into a contract with a qualified, 
        experienced entity to establish a National Center on 
        Senior Benefits Outreach and Enrollment, which shall--
                  (i) maintain and update web-based decision 
                support and enrollment tools, and integrated, 
                person-centered systems, designed to inform 
                older individuals about the full range of 
                benefits for which the individuals may be 
                eligible under Federal and State programs;
                  (ii) utilize cost-effective strategies to 
                find older individuals with greatest economic 
                need and enroll the individuals in the 
                programs;
                  (iii) create and support efforts for Aging 
                and Disability Resource Centers, and other 
                public and private State and community-based 
                organizations, including faith-based 
                organizations and coalitions, to serve as 
                benefits enrollment centers for the programs;
                  (iv) develop and maintain an information 
                clearinghouse on best practices and the most 
                cost-effective methods for finding and 
                enrolling older individuals with greatest 
                economic need in the programs; and
                  (v) provide, in collaboration with related 
                Federal agency partners administering the 
                Federal programs, training and technical 
                assistance on the most effective outreach, 
                screening, enrollment, and follow-up strategies 
                for the Federal and State programs.

           *       *       *       *       *       *       *

          (26) design and implement, for purposes of compliance 
        with paragraph (19), uniform data collection procedures 
        for use by State agencies, including--
                  (A) uniform definitions and nomenclature;
                  (B) standardized data collection procedures;
                  (C) a participant identification and 
                description system;
                  (D) procedures for collecting information on 
                [gaps in] services needed by older individuals 
                including services that would permit such 
                individuals to receive long-term care in home 
                and community-based settings), as identified by 
                service providers in assisting clients through 
                the provision of the supportive services; and
                  (E) procedures for the assessment of unmet 
                needs for services under this Act; [and]
          (27) improve the delivery of services to older 
        individuals living in rural areas through--
                  (A) * * *

           *       *       *       *       *       *       *

                  (D) submitting a report on the States' 
                experiences in implementing these best 
                practices and the effect these innovations are 
                having on improving service delivery in rural 
                areas to the relevant committees not later than 
                36 months after enactment[.]; and
          (28) make available to States information and 
        technical assistance to support the provision of 
        evidence-based disease prevention and health promotion 
        services.

           *       *       *       *       *       *       *

    [(b) In order to strengthen the involvement of the 
Administration in the development of policy alternatives in 
long-term care and to insure that the development of community 
alternatives is given priority attention, the Assistant 
Secretary shall--
          [(1) develop planning linkages with utilization and 
        quality control peer review organizations under title 
        XI of the Social Security Act, with the substance Abuse 
        and Mental Health Services Administration and the 
        Administration on Developmental Disabilities;
          [(2) participate in all departmental and 
        interdepartmental activities which concern issues of 
        institutional and noninstitutional long-term health 
        care services development;
          [(3) review and comment on all departmental 
        regulations and policies regarding community health and 
        social service development for older individuals; and
          [(4) participate in all departmental and 
        interdepartmental activities to provide a leadership 
        role for the Administration, State agencies, and area 
        agencies on aging in the development and implementation 
        of a national community-based long-term care program 
        for older individuals.]
    [(c) In executing the duties and functions of the 
Administration under this Act and carrying out the programs and 
activities provided for by this Act, the Assistant Secretary, 
in consultation with the Corporation for National and Community 
Service, shall take all possible steps to encourage and permit 
voluntary groups active in supportive services, including youth 
organizations active at the high school or college levels, to 
participate and be involved individually or through 
representative groups in such programs or activities to the 
maximum extent feasible, through the performance of advisory or 
consultative functions, and in other appropriate ways.]
    (b) To promote the development and implementation of 
comprehensive, coordinated systems at Federal, State, and local 
levels that enable older individuals to receive long-term care 
in home and community-based settings, in a manner responsive to 
the needs and preferences of the 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 (other than the 
        Administration on Aging) 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 those other Federal agencies and 
        departments;
          (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;
                  (B) target services to individuals at risk 
                for institutional placement, to permit such 
                individuals to remain in home and community-
                based settings; and
                  (C) establish criteria for and promote the 
                implementation (through area agencies on aging, 
                service providers, and such other entities as 
                the Assistant Secretary determines to be 
                appropriate) of evidence-based programs to 
                assist older individuals and their family 
                caregivers in learning about and making 
                behavioral changes intended to reduce the risk 
                of injury, disease, and disability among older 
                individuals;
          (3) facilitate, in coordination with the 
        Administrator of the Centers for Medicare & Medicaid 
        Services, the provision of such care through self-
        directed care models that--
                  (A) provide for the assessment of the needs 
                and preferences of an individual at risk for 
                institutional placement to help such individual 
                avoid unnecessary institutional placement and 
                depletion of income and assets to qualify for 
                benefits under the Medicaid program under title 
                XIX of the Social Security Act (42 U.S.C. 1396 
                et seq.);
                  (B) respond to the needs and preferences of 
                such individual and provide the option--
                          (i) for the individual to direct and 
                        control the receipt of supportive 
                        services provided; or
                          (ii) as appropriate, for a person who 
                        was appointed by the individual, or is 
                        legally acting on the individual's 
                        behalf, in order to represent or advise 
                        the individual in financial or service 
                        coordination matters (referred to in 
                        this paragraph as a ``representative'' 
                        of the individual), to direct and 
                        control the receipt of those services; 
                        and
                  (C) assist an older individual (or, as 
                appropriate, a representative of the 
                individual) to develop a plan for long-term 
                support, including selecting, budgeting for, 
                and purchasing home and community-based long-
                term care and supportive services;
          (4) 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 
                inter-departmental activities concerning long-
                term care; and
                  (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);
          (5) promote, in coordination with other appropriate 
        Federal agencies--
                  (A) enhanced awareness by the public of the 
                importance of planning in advance for long-term 
                care; and
                  (B) the availability of information and 
                resources to assist in such planning;
          (6) implement in each State an Aging and Disability 
        Resource Center--
                  (A) to serve as a visible and trusted source 
                of information on the full range of options for 
                long-term care, including both institutional 
                and home- and community-based care, that are 
                available in the State;
                  (B) to provide personalized and consumer-
                friendly assistance to empower individuals to 
                make informed decisions about their long-term 
                care options;
                  (C) to provide coordinated and streamlined 
                access to all publicly funded long-term care 
                options so that consumers can obtain the care 
                they need through a single intake, assessment, 
                and eligibility determination process;
                  (D) to help individuals to plan ahead for 
                their long-term care needs; and
                  (E) to assist, in coordination with the 
                entity carrying out the health insurance 
                information, counseling, and assistance program 
                (receiving funding under section 4360 of the 
                Omnibus Budget Reconciliation Act of 1990 (42 
                U.S.C. 1395b-4)) in the State, beneficiaries, 
                and prospective beneficiaries, under the 
                Medicare program established under title XVIII 
                of the Social Security Act (42 U.S.C. 1395 et 
                seq.) in understanding and accessing 
                prescription drug and preventative health 
                benefits under the provisions of, and 
                amendments made by, the Medicare Prescription 
                Drug, Improvement, and Modernization Act of 
                2003;
          (7) establish, either directly or through grants or 
        contracts, a national technical assistance program to 
        assist State agencies, area agencies on aging, and 
        community-based service providers funded under this Act 
        in implementing home and community-based long-term care 
        systems, including evidence-based programs;
          (8) develop, in collaboration with the Administrator 
        of the Centers for Medicare & Medicaid Services, 
        performance standards and measures for use by States to 
        determine the extent to which their State systems of 
        long-term care fulfill the objectives described in this 
        subsection; and
          (9) conduct such other activities as the Assistant 
        Secretary determines to be appropriate.
      (c) The Assistant Secretary, after consultation with the 
Chief Executive Officer of the Corporation for National and 
Community Service, shall--
          (1) encourage and permit volunteer groups (including 
        organizations carrying out national service programs 
        and including organizations of youth in secondary or 
        postsecondary school) that are active in supportive 
        services and civic engagement to participate and be 
        involved individually or through representative groups 
        in supportive service and civic engagement programs or 
        activities to the maximum extent feasible;
          (2) develop a comprehensive strategy for utilizing 
        older individuals to address critical local needs of 
        national concern; and
          (3) encourage other community capacity-building 
        initiatives involving older individuals.

           *       *       *       *       *       *       *

    (e)(1)(A) * * *
          (i) * * *

           *       *       *       *       *       *       *

          (vi) be a national resource on statistical data 
        regarding aging[;].

           *       *       *       *       *       *       *


                      FEDERAL AGENCY CONSULTATION

    Sec. 203. (a)(1) * * *

           *       *       *       *       *       *       *

    (3) The head of each department, agency, or instrumentality 
of the Federal Government administering programs and services 
substantially related to the objectives of this Act shall 
collaborate with the Assistant Secretary in carrying out this 
Act, and shall develop a written analysis, for review and 
comment by the Assistant Secretary, of the impact of such 
programs and services on--
          (A) older individuals [(with particular attention to 
        low-income minority older individuals and older 
        individuals residing in rural areas)] (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 eligible 
        individuals (as defined in [section 507] section 516); 
        and

           *       *       *       *       *       *       *

    (b) For the purposes of subsection (a), programs related to 
the objectives of this Act shall include--
          (1) * * *

           *       *       *       *       *       *       *

          (17) the Developmental Disabilities Assistance and 
        Bill of Rights Act of 2000, [and]
          (18) the Edward Byrne Memorial State and Local Law 
        Enforcement Assistance Programs, established under part 
        E of title I of the Omnibus Crime Control and Safe 
        Streets Act of 1968 (42 U.S.C. 3750-3766b))[.]; and
          (19) sections 4 and 5 of the Assistive Technology Act 
        of 1998 (29 U.S.C. 3003, 3004).
    (c)(1) The Secretary, in collaboration with the Secretary 
of Housing and Urban Development and with the other Federal 
officials specified in paragraph (2), shall establish an 
interagency coordinating committee (referred to in this 
subsection as the ``Committee'') focusing on the coordination 
of agencies with respect to aging issues, particularly issues 
related to demographic changes and housing needs among older 
individuals.
    (2) The officials referred to in paragraph (1) are the 
Secretary of Labor, the Secretary of Housing and Urban 
Development, the Attorney General, the Secretary of 
Transportation, the Secretary of the Treasury, the Secretary of 
Agriculture, the Commissioner of Social Security, the Surgeon 
General, the Administrator of the Centers for Medicare & 
Medicaid Services, the Director of the Centers for Disease 
Control and Prevention, the Director of the National Institutes 
of Health, the Assistant Secretary for Children and Families, 
the Administrator of the National Highway Traffic Safety 
Administration, and such other Federal officials as the 
Secretary of Health and Human Services determines to be 
appropriate.
    (3) The Secretary of Health and Human Services shall serve 
as the first chairperson of the Committee, for an initial 
period of 2 years. After that initial period, the Secretary of 
Housing and Urban Development and the Secretary of Health and 
Human Services shall alternate as chairpersons of the 
Committee, each serving as chairperson for a period of 2 years.
    (4) The Committee shall--
          (A) review all Federal programs and services that 
        assist older individuals in finding and affording 
        housing, health care, and other services, including 
        those Federal programs and services that assist older 
        individuals in accessing health care, transportation, 
        supportive services, and assistance with daily 
        activities, at the place or close to the place where 
        the older individuals live;
          (B) monitor, evaluate, and recommend improvements in 
        programs and services administered, funded, or financed 
        by Federal, State, and local agencies to assist older 
        individuals in meeting their housing, health care, and 
        other service needs and make any recommendations about 
        how the agencies can better carry out and provide the 
        programs and services to house and serve older 
        individuals;
        (C) recommend ways to--
                  (i) facilitate aging in place of older 
                individuals, by identifying and making 
                available the programs and services necessary 
                to enable older individuals to remain in their 
                homes as the individuals age;
                  (ii) reduce duplication by Federal agencies 
                of programs and services to assist older 
                individuals in meeting their housing, health 
                care, and other service needs;
                  (iii) ensure collaboration among and within 
                agencies in providing and making available the 
                programs and services so that older individuals 
                are able to easily access needed programs and 
                services;
                  (iv) work with States to better provide 
                housing, health care, and other services to 
                older individuals by--
                          (I) holding individual meetings with 
                        State representatives;
                          (II) providing ongoing technical 
                        assistance to States about better 
                        meeting the needs of older individuals; 
                        and
                          (III) working with States to 
                        designate State liaisons for the 
                        Committee;
                  (v) identify model programs and services to 
                assist older individuals in meeting their 
                housing, health care, and other service needs, 
                including model--
                          (I) programs linking housing, health 
                        care, and other services;
                          (II) financing products offered by 
                        government, quasi-government, and 
                        private sector entities; and
                          (III) innovations in technology 
                        applications that give older 
                        individuals access to information on 
                        available services or that help in 
                        providing services to older 
                        individuals;
                  (vi) collect and disseminate information 
                about older individuals and the programs and 
                services available to the individuals to ensure 
                that the individuals can access comprehensive 
                information; and
                  (vii) work with the Federal Interagency Forum 
                on Aging-Related Statistics, the Bureau of the 
                Census, and member agencies--
                          (I) to collect and maintain data 
                        relating to the housing, health care, 
                        and other service needs of older 
                        individuals so that all such data can 
                        be accessed in 1 place on a designated 
                        website; and
                          (II) to identify and address unmet 
                        data needs;
          (D) make recommendations to guide policy and program 
        development across Federal agencies with respect to 
        demographic changes among older individuals; and
          (E) actively seek input from and consult with all 
        appropriate and interested parties, including public 
        health interest and research groups and foundations 
        about the activities described in subparagraphs (A) 
        through (D).
    (5) Each year, the Committee shall prepare and submit to 
the President, the Committee on Financial Services of the House 
of Representatives, the Committee on Education and the 
Workforce of the House of Representatives, the Committee on 
Banking, Housing, and Urban Affairs of the Senate, the 
Committee on Health, Education, Labor, and Pensions of the 
Senate, and the Special Committee on Aging of the Senate, a 
report that--
          (A) describes the activities and accomplishments of 
        the Committee in working with Federal, State, and local 
        governments, and private organizations, in coordinating 
        programs and services to meet the requirements of 
        paragraph (4);
          (B) assesses the level of Federal assistance required 
        to meet the needs described in paragraph (4);
          (C) incorporates an analysis from the head of each 
        agency that is a member of the interagency coordinating 
        committee established under paragraph (1) that 
        describes the barriers and impediments, including 
        barriers and impediments in statutory and regulatory 
        law, to the access and use by older individuals of 
        programs and services administered by such agency; and
          (D) makes recommendations for appropriate legislative 
        and administrative actions to meet the needs described 
        in paragraph (4) and for coordinating programs and 
        services designed to meet those needs.
    (6)(A) The Secretary of Health and Human Services, after 
consultation with the Secretary of Housing and Urban 
Development, shall appoint an executive director of the 
Committee.
    (B) On the request of the Committee, any Federal Government 
employee may be detailed to the Committee without 
reimbursement, and such detail shall be without interruption or 
loss of civil service status or privilege.

           *       *       *       *       *       *       *


                       ADMINISTRATION OF THE ACT

    Sec. 205.(a)(1) In carrying out the objectives of this Act, 
the Assistant Secretary is authorized to--
          (A) provide consultative services and technical 
        assistance to public or nonprofit private agencies and 
        organizations;
          (B) provide short-term training and technical 
        instruction;
          (C) conduct research and demonstrations; and
          (D) collect, prepare, publish, and disseminate 
        special educational or informational materials, 
        including reports of the projects for which funds are 
        provided under this act[; and].
          [(E) provide staff and other technical assistance to 
        the Federal Council on the Aging.]
    (2)(A) The Assistant Secretary shall designate an officer 
or employee who shall serve on a full-time basis and who shall 
be responsible for the administration of the nutrition services 
described in subparts 1 and 2 of part C of title III and shall 
have duties that include--
          [(i) designing, implementing, and evaluating 
        nutrition programs:]
          (i) designing, implementing, and evaluating evidence-
        based programs to support improved nutrition and 
        regular physical activity for older individuals;
          (ii) * * *
          [(iii) disseminating information to nutrition service 
        providers about nutrition advancements and 
        developments;]
          (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 by the Secretary of 
        Agriculture, and advances in nutrition science;
          (iv) * * *
          (v) * * *
          (vi) * * *
          (vii) developing model menus and other appropriate 
        materials for serving special needs populations and 
        meeting cultural meal preferences; [and]
          [(viii) providing technical assistance to the 
        regional offices of the Administration with respect to 
        each duty described in clauses (i) through (vii).]
          (viii) disseminating guidance that describes 
        strategies for improving the nutritional quality of 
        meals provided under title III; and
          (ix) providing technical assistance to the regional 
        offices of the Administration with respect to each duty 
        described in clauses (i) through (viii).

           *       *       *       *       *       *       *

    (C) The officer or employee designated under subparagraph 
(A) shall--
          [have expertise in nutrition and dietary services and 
        planning; and]

           *       *       *       *       *       *       *

          (i) have expertise in nutrition and meal planning; 
        and

           *       *       *       *       *       *       *


                               EVALUATION

    Sec. 206. (a) * * *

           *       *       *       *       *       *       *

    (g) [The Secretary may use such sums as may be necessary, 
but not to exceed $3,000,000 (of which not to exceed $1,500,000 
shall be available from funds appropriated to carry out title 
III and not to exceed $1,500,000 shall be available from funds 
appropriated to carry out title IV), to conduct directly 
evaluations under this section.] 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 more 
than \1/2\ of 1 percent of such amount, for purposes of 
conducting evaluations under this section, either directly or 
by grant or contract. No part of such sums may be reprogrammed, 
transferred, or used for any other purpose. Funds expended 
under this subsection shall be justified and accounted for by 
the Secretary.

           *       *       *       *       *       *       *


                                REPORTS

    Sec. 207. (a) Not later than one hundred and twenty days 
after the close of each fiscal year, the Assistant Secretary 
shall prepare and submit to the President and to the Congress a 
full and complete report on the activities carried out under 
this Act. Such annual reports shall include--
          (1) * * *

           *       *       *       *       *       *       *

    (b)(1) Not later than March 1 of each year, the Assistant 
Secretary shall compile a report--
          (A) * * *

           *       *       *       *       *       *       *

    (2) The Assistant Secretary shall submit the report 
required by paragraph (1) to--
          (A) the Special Committee on Aging of the Senate;
          (B) the Committee on Education and [Labor] the 
        Workforce of the House of Representatives; and
           (C) the Committee on [Labor and Human Resources] 
        Health, Education, Labor, and Pensions of the Senate.

           *       *       *       *       *       *       *


                    [CONTRACTING AND GRANT AUTHORITY

    [Sec. 212. None of the provisions of this Act shall be 
construed to prevent a recipient of a grant or a contract from 
entering into an agreement, subject to the approval of the 
State agency (or in the case of a grantee under title VI, 
subject to the recommendation of the Director of the Office for 
American Indian, Alaskan Native, and Native Hawaiian Aging and 
the approval of the Assistant Secretary), with a profitmaking 
organization to carry out the provisions of this Act and of the 
appropriate State plan.]

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

     (a) In General.--Subject to subsection (b), this Act shall 
not be construed to prevent a recipient of a grant or a 
contract under this Act 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 contract or 
        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 
        may voluntarily pay, such individual's 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 in subsection (a) may not--
          (1) be made without the prior approval of the State 
        agency (or, in the case of a grantee under title VI, 
        without the prior recommendation of the Director of the 
        Office for American Indian, Alaska Native, and Native 
        Hawaiian Aging and the prior approval of the Assistant 
        Secretary);
          (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 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. 214. NUTRITION EDUCATION.]

    [The Assistant Secretary and the Secretary of Agriculture 
may provide technical assistance and appropriate material to 
agencies carrying out nutrition education programs in 
accordance with section 339(2)(J).]

SEC. 214. NUTRITION EDUCATION.

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

           *       *       *       *       *       *       *


SEC. 215. PENSION COUNSELING AND INFORMATION PROGRAMS.

    (a) Definitions.--In this section:
          (1) Pension and other retirement benefits.-- * * *

           *       *       *       *       *       *       *

    (e) Application.--To be eligible to receive a grant under 
this section, an entity shall submit an application to the 
Assistant Secretary at such time, in such manner, and 
containing such information as the Assistant Secretary may 
require, including--
          (1) a plan to establish a pension counseling and 
        information program that--
                  (A) * * *

           *       *       *       *       *       *       *

                  (J) establishes or continues an outreach 
                program to provide information, counseling, 
                referral and assistance regarding pension and 
                other retirement benefits, with particular 
                emphasis on outreach to women, minorities, 
                older individuals residing in rural areas [and 
                low income retirees] , low-income retirees, and 
                older individuals with limited English 
                proficiency; and

           *       *       *       *       *       *       *

    (f) Criteria.--The Assistant Secretary shall consider the 
following criteria in awarding grants under this section:
          (1) Evidence of a commitment by the entity to carry 
        out a proposed pension counseling and information 
        program.
          [(2) The ability of the entity to perform effective 
        outreach to affected populations, particularly 
        populations that are identified in need of special 
        outreach.]
           (2) The ability of the entity to perform effective 
        outreach to affected populations, particularly 
        populations with limited English proficiency and other 
        populations that are identified as in need of special 
        outreach.

           *       *       *       *       *       *       *

    (h) Pension Assistance Hotline and Intragency 
Coordination.--
          (1) Hotline.-- * * * 
          (2) Content.--Such hotline described in paragraph (1) 
        shall provide information for individuals (including 
        individuals with limited English proficiency) seeking 
        outreach, information, counseling, referral, and 
        assistance regarding pension and other retirement 
        benefits, and rights related to such benefits.

           *       *       *       *       *       *       *


SEC. 216. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--For purposes of carrying out this Act, 
there are authorized to be appropriated for administration, 
salaries, and expenses of the Administration such sums as may 
be necessary for fiscal years [2001, 2002, 2003, 2004, and 
2005] 2007, 2008, 2009, 2010, and 2011.
    (b) Eldercare Locator Service.--There are authorized to be 
appropriated to carry out section 202(a)(24) (relating to the 
National Eldercare Locator Service) such sums as may be 
necessary for fiscal [year 2001, and such sums as may be 
necessary for each of the 4 succeeding fiscal years] years 
2007, 2008, 2009, 2010, and 2011.
    (c) Pension Counseling and Information Programs.--There are 
authorized to be appropriated to carry out section 215, such 
sums as may be necessary for fiscal [year 2001 and for each of 
the 4 succeeding fiscal years] years 2007, 2008, 2009, 2010, 
and 2011.

           *       *       *       *       *       *       *


      TITLE III--GRANTS FOR STATE AND COMMUNITY PROGRAMS ON AGING

                       PART A--GENERAL PROVISIONS


                        PURPOSE; ADMINISTRATION

    Sec. 301. (a)(1) It is the purpose of this title to 
encourage and assist State agencies and area agencies on aging 
to concentrate resources in order to develop greater capacity 
and foster the development and implementation of comprehensive 
and coordinated systems to serve older individuals by entering 
into new cooperative arrangements in each State with the 
persons described in paragraph (2), for the planning, and for 
the provision of, supportive services, and multipurpose senior 
centers, in order to--
          (A) * * *

           *       *       *       *       *       *       *

    (2) The persons referred to in paragraph (1) include--
          (A) * * *

           *       *       *       *       *       *       *

          (D) the providers, including voluntary organizations 
        or other private sector organizations, of supportive 
        services, nutrition services, and multipurpose senior 
        centers; [and]
          (E) organizations representing or employing older 
        individuals or their families[.]; and
          (F) organizations with experience in providing senior 
        volunteer services, such as Federal volunteer programs 
        administered by the Corporation for National and 
        Community Service and designed to provide training, 
        placement, and stipends for volunteers in community 
        service settings.

           *       *       *       *       *       *       *


             AUTHORIZATION OF APPROPRIATIONS; USES OF FUNDS

    Sec. 303. (a)(1) There are authorized to be appropriated to 
carry out part B (relating to supportive services) such sums as 
may be necessary for fiscal [year 2001, and such sums as may be 
necessary for each of the 4 succeeding fiscal years] years 
2007, 2008, 2009, 2010, and 2011.
    (2) Funds appropriated under paragraph (1) shall be 
available to carry out section 712.
    (b)(1) There are authorized to be appropriated to carry out 
subpart 1 of part C (relating to congregate nutrition services) 
such sums as may be necessary for fiscal [year 2001, and such 
sums as may be necessary for each of the 4 succeeding fiscal 
years] years 2007, 2008, 2009, 2010, and 2011.
    (2) There are authorized to be appropriated to carry out 
subpart 2 of part C (relating to home delivered nutrition 
services) such sums as may be necessary for fiscal [year 2001, 
and such sums as may be necessary for each of the 4 succeeding 
fiscal years] years 2007, 2008, 2009, 2010, and 2011.

           *       *       *       *       *       *       *

    (d) There are authorized to be appropriated to carry out 
part D (relating to disease prevention and health promotion 
services) such sums as may be necessary for fiscal [year 2001, 
and such sums as may be necessary for each of the 4 succeeding 
fiscal years] years 2007, 2008, 2009, 2010, and 2011.
    (e)(1) There are authorized to be appropriated to carry out 
part E (relating to family caregiver support [$125,000,000 for 
fiscal year 2001 if the aggregate amount appropriated under 
subsection (a)(1) (relating to part B, supportive services), 
paragraphs (1) (relating to subpart 1 of part C, congregate 
nutrition services) and (2) (relating to subpart 2 of part C, 
home delivered nutrition services) of subsection (b), and (d) 
(relating to part D, disease prevention and health promotion 
services) of this section for fiscal year 2001 is not less than 
the aggregate amount appropriated under subsection (a)(1), 
paragraphs (1) and (2) of subsection (b), and subsection (d) of 
section 303 of the Older Americans Act of 1965 for fiscal year 
2000.] $160,000,000 for fiscal year 2007.
    (2) There are authorized to be appropriated to carry out 
part E (relating to family caregiver support) [such sums as may 
be necessary for each of the 4 succeeding fiscal years.] 
$170,000,000 for fiscal year 2008, $180,000,000 for fiscal year 
2009, $190,000,000 for fiscal year 2010, and $200,000,000 for 
fiscal year 2011.

           *       *       *       *       *       *       *


                        ALLOTMENT; FEDERAL SHARE

    Sec. 304. (a)(1) * * *

           *       *       *       *       *       *       *

    (d)(1) From any State's allotment, after the application of 
section 308(b), under this section for any fiscal year--
          [(A) such amount as the State agency determines, but 
        not more than 10 percent thereof, shall be available 
        for paying such percentage as the agency determines, 
        but not more than 75 percent, of the cost of 
        administration of area plans;]
          (A)(i) such amount as the State agency determines, 
        but not more than 10 percent thereof, shall be 
        available for paying such percentage as the agency 
        determines, but not more than 75 percent, of the cost 
        of administration of area plans; and
          (ii) in addition to that amount, for any fiscal year 
        among fiscal years 2007 through 2011 for which the 
        amount appropriated under subsections (a) through (d) 
        of section 303 is not less than 110 percent of that 
        appropriated amount for fiscal year 2006, an amount 
        equal to 1 percent of the State's allotment shall be 
        used by the area agencies on aging in the State to 
        carry out the assessment described in section 306(b);

           *       *       *       *       *       *       *


                              ORGANIZATION

    Sec. 305. (a) In order for a State to be eligible to 
participate in programs of grants to States from allotments 
under this title--
          (1) * * *
                  (A) * * *

           *       *       *       *       *       *       *

                  (E) divide the State into distinct planning 
                and service areas (or in the case of a State 
                specified in subsection (b)(5)(A), designate 
                the entire State as a single planning and 
                service area), in accordance with guidelines 
                issued by the Assistant Secretary, after 
                considering the geographical distribution of 
                older individuals in the State, the incidence 
                of the need for supportive services, nutrition 
                services, multipurpose senior centers, and 
                legal assistance, the distribution of older 
                individuals who have greatest economic need 
                [(with particular attention to low-income 
                minority individuals and older individuals 
                residing in rural areas)] (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) residing in such 
                areas, the distribution of older individuals 
                who have greatest social need [(with particular 
                attention to low-income minority individuals 
                and older individuals residing in rural areas)] 
                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) residing 
                in such areas, the distribution of older 
                individuals who are Indians residing in such 
                areas, the distribution of resources available 
                to provide such services or centers, the 
                boundaries of existing areas within the State 
                which were drawn for the planning or 
                administration of supportive services programs, 
                the location of units of general purpose local 
                government within the State, and any other 
                relevant factors; [and]
          (2) the State agency shall--
                  (A) * * *

           *       *       *       *       *       *       *

                  (E) provide assurance that preference will be 
                given to providing services to older 
                individuals with greatest economic need and 
                older individuals with greatest social need[, 
                with particular attention to low-income 
                minority individuals and older individuals 
                residing in rural areas](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 include proposed 
                methods of carrying out the preference in the 
                State plan;
                  (F) * * *
                  (G)(i) set specific objectives in 
                consultation with area agencies on aging, for 
                each planning and service area for providing 
                services funded under this title to low-income 
                minority older individuals and older 
                individuals residing in rural areas;
                  (ii) * * *
                  (iii) provide a description of the efforts 
                described in clause (ii) that will be 
                undertaken by the State agency[.]; and
          (3) the State agency shall, consistent with this 
        section, promote the development and implementation of 
        a State system of long-term care that is a 
        comprehensive, coordinated system that enables older 
        individuals to receive long-term care in home and 
        community-based settings, in a manner responsive to the 
        needs and preferences of the older individuals and 
        their family caregivers, by--
                  (A) collaborating, coordinating, and 
                consulting with other agencies in such State 
                responsible for formulating, implementing, and 
                administering programs, benefits, and services 
                related to providing long-term care;
                  (B) participating in any State government 
                activities concerning long-term care, including 
                reviewing and commenting on any State rules, 
                regulations, and policies related to long-term 
                care;
                  (C) conducting analyses and making 
                recommendations with respect to strategies for 
                modifying the State system of long-term care to 
                better--
                          (i) respond to the needs and 
                        preferences of older individuals and 
                        family caregivers;
                          (ii) facilitate the provision, by 
                        service providers, of long-term care in 
                        home and community-based settings;
                          (iii) target services to older 
                        individuals at risk for institutional 
                        placement, to permit such individuals 
                        to remain in home and community-based 
                        settings; and
                          (iv) implement (through area agencies 
                        on aging, service providers, and such 
                        other entities as the State determines 
                        to be appropriate) programs to assist 
                        older individuals and their family 
                        caregivers in learning about and making 
                        behavioral changes intended to reduce 
                        the risk of injury, disease, and 
                        disability among older individuals; and
                  (D) providing for the availability and 
                distribution (through public education 
                campaigns, Aging and Disability Resource 
                Centers, 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.
    (b)(1) * * *

           *       *       *       *       *       *       *

    (6) Nothing in this section shall prevent the Commonwealth 
of Puerto Rico from designating, with the approval of the 
Assistant Secretary, a single planning and service area to 
cover all the older individuals in the Commonwealth.

           *       *       *       *       *       *       *


                               AREA PLANS

    Sec. 306. (a) * * *
          (1) provide, through a comprehensive and coordinated 
        system, for supportive services, nutrition services, 
        and, where appropriate, for the establishment, 
        maintenance, or construction of multipurpose senior 
        centers, within the planning and service area covered 
        by the plan, including determining the extent of need 
        for supportive services, nutrition services, and 
        multipurpose senior centers in such area (taking into 
        consideration, among other things, the number of older 
        individuals with low incomes residing in such area, the 
        number of older individuals who have greatest economic 
        need [(with particular attention to low-income minority 
        individuals and older individuals residing in rural 
        areas)] (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) residing in such area, the number of older 
        individuals who have greatest social need [(with 
        particular attention to low-income older individuals)] 
        (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) residing in such area, the number of older 
        individuals at risk for institutional placement 
        residing in such area, and the number of older 
        individuals who are Indians residing in such area, and 
        the efforts of voluntary organizations in the 
        community), evaluating the effectiveness of the use of 
        resources in meeting such need, and entering into 
        agreements with providers of supportive services, 
        nutrition services, or multipurpose senior centers in 
        such area, for the provision of such services or 
        centers to meet such need;
          (2) provide assurances that an adequate proportion, 
        as required under section 307(a)(2), of the amount 
        allotted for part B to the planning and service area 
        will be expended for the delivery of each of the 
        following categories of services--
                  (A) services associated with access to 
                services (transportation, health services 
                (including mental health services), outreach, 
                information and assistance (which may include 
                information and assistance to consumers on 
                availability of services under part B and how 
                to receive benefits under and participate in 
                publicly supported programs for which the 
                consumer may be eligible), and case management 
                services);

           *       *       *       *       *       *       *

          (4)(A)[(i) provide assurances that the area agency on 
        aging will set specific objectives for providing 
        services to older individuals with greatest economic 
        need and older individuals with greatest social need, 
        include specific objectives for providing services to 
        low-income minority individuals residing in rural 
        areas, and include proposed methods of carrying out the 
        preference in the area plan;] (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 specific objectives for 
                providing services to low-income minority older 
                individuals, older individuals with limited 
                English proficiency, and older individuals 
                residing in rural areas; and
                  (III) include in the area plan proposed 
                methods to achieve such objectives;
          (ii) provide assurances that the area agency on aging 
        will include in each agreement made with a provider of 
        any service under this title, a requirement that such 
        provider will--
                  (I) specify how the provider intends to 
                satisfy the service needs of low-income 
                minority individuals (including older 
                individuals with limited English proficiency) 
                and older individuals residing in rural areas 
                in the area served by the provider;
                  (II) to the maximum extent feasible, provide 
                services to low-income minority individuals 
                (including older individuals with limited 
                English proficiency) and older individuals 
                residing in rural areas in accordance with 
                their need for such services; and
                  (III) meet specific objectives established by 
                the area agency on aging, for providing 
                services to low-income minority individuals 
                (including older individuals with limited 
                English proficiency) and older individuals 
                residing in rural areas within the planning and 
                service area; and

           *       *       *       *       *       *       *

                  (B) provide assurances that the area agency 
                on aging will use outreach efforts that will--
                          (i) identify individuals eligible for 
                        assistance under this Act, with special 
                        emphasis on--
                                  (I) older individuals 
                                residing in rural areas;
                                  (II) older individuals with 
                                greatest economic need (with 
                                particular attention to low-
                                income minority individuals and 
                                older individuals residing in 
                                rural areas);
                                  (III) older individuals with 
                                greatest social need (with 
                                particular attention to low-
                                income minority individuals and 
                                older individuals residing in 
                                rural areas);
                                  (IV) older individuals with 
                                severe disabilities;
                                  (V) older Individuals [with 
                                limited English-speaking 
                                ability; and] with limited 
                                English proficiency;
                                  (VI) older individuals with 
                                Alzheimer's disease or related 
                                disorders with neurological and 
                                organic brain dysfunction (and 
                                the caretakers of such 
                                individuals); and
                                  (VII) older individuals at 
                                risk for institutional 
                                placement; and
                          (ii) inform the older individuals 
                        referred to in subclauses (I) through 
                        (VI) of clause (i), and the caretakers 
                        of such individuals, of the 
                        availability of such assistance; and

           *       *       *       *       *       *       *

          (5) provide assurances that the area agency on aging 
        will coordinate planning, identification, assessment of 
        needs, and provision of services for older individuals 
        with disabilities, with particular attention to 
        individuals with severe disabilities and individuals at 
        risk for institutional placement, with agencies that 
        develop or provide services for individuals with 
        disabilities;
          (6) provide that the area agency on aging will--
                  (A) * * *

           *       *       *       *       *       *       *

                  (C)(i) where possible, enter into 
                arrangements with organizations providing day 
                care services for children, assistance to older 
                individuals caring for relatives who are 
                children, and respite for families, so as to 
                provide opportunities for older individuals to 
                aid or assist on a voluntary basis in the 
                delivery of such services to children, adults, 
                and families; [and]
                  (ii) if possible regarding the provision of 
                services under this title, enter into 
                arrangements and coordinate with organizations 
                that have a proven record of providing services 
                to older individuals, that--
                          (I) * * *
                          (II) came into existence during 
                        fiscal year 1982 as direct successors 
                        in interest to such community action 
                        agencies or community action programs;
                and that meet the requirements under section 
                676B of the Community Services Block Grant Act; 
                (and
                  (iii) make use of trained volunteers in 
                providing direct services delivered to older 
                individuals and individuals with disabilities 
                needing such services and, if possible, work in 
                coordination with entities arrying out 
                volunteer programs (including programs 
                administered by the Corporation for National 
                and Community Services) designed to provide 
                training, placement, and stipends for 
                volunteers in community service settings;
                  (D) establish an advisory council consisting 
                of older individuals (including minority 
                individuals and older individuals residing in 
                rural areas) who are participants or who are 
                eligible to participate in programs assisted 
                under this Act, family caregivers of such 
                individuals, representatives of older 
                individuals, service providers, representatives 
                of the business community, local elected 
                officials, providers of veterans' health care 
                if appropriate), and the general public, to 
                advise continuously the area agency on aging on 
                all matters relating to the development of the 
                area plan, the administration of the plan and 
                operations conducted under the plan;

           *       *       *       *       *       *       *

                  (F) coordinate any mental health services 
                (including mental health screening) provided 
                with funds expended by the area agency on aging 
                for part B with the mental health service 
                including (mental health screening) provided by 
                community health centers and by other public 
                agencies and nonprofit private organizations; 
                and

           *       *       *       *       *       *       *

          [(7) provide that the area agency on aging will 
        facilitate the coordination of community-based, long-
        term care services designed to enable older individuals 
        to remain in their homes, by means including--
                  [(A) development of case management services 
                as a component of the long-term care services, 
                consistent with the requirements of paragraph 
                (8);
                  [(B) involvement of long-term care providers 
                in the coordination of such services; and
                  [(C) increasing community awareness of and 
                involvement in addressing the needs of 
                residents of long-term care facilities;]
          (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 that enables older individuals to 
        receive long-term care in home and community-based 
        settings, in a manner responsive to the needs and 
        preferences of the older individuals and their family 
        caregivers, by--
                  (A) collaborating, coordinating, and 
                consulting with other local public and private 
                agencies and organizations responsible for 
                administering programs, benefits, and services 
                related to providing long-term care;
                  (B) conducting analyses and making 
                recommendations with respect to strategies for 
                modifying the local system of long-term care to 
                better--
                          (i) respond to the needs and 
                        preferences of older individuals and 
                        family caregivers;
                          (ii) facilitate the provision, by 
                        service providers, of long-term care in 
                        home and community-based settings;
                          (iii) target services to older 
                        individuals at risk for institutional 
                        placement, to permit such individuals 
                        to remain in home and community-based 
                        settings; and
                          (iv) 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
                  (C) providing 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.

           *       *       *       *       *       *       *

          [(15) provide assurances that preference in receiving 
        services under this title will not be given by the area 
        agency on aging to particular older individuals as a 
        result of a contract or commercial relationship that is 
        not carried out to implement this title.]
          [(15) provide assurances that funds received under 
        this title will not be used to pay any part of a cost 
        (including an administrative cost) incurred by the area 
        agency on aging to carry out a contract or commercial 
        relationship that is not carried out to implement this 
        title;]
          [(16)] (15) provide assurances that preference in 
        receiving services under this title will not be given 
        by the area agency on aging to particular older 
        individuals as a result of a contract or commercial 
        relationship that is not carried out to implement this 
        title;
          (16) provide assurances that funds received under 
        this title will be used--
                  (A) to provide benefits and services to older 
                individuals giving priority to older 
                individuals identified in paragraph (4)(A)(i); 
                and
                  (B) in compliance with the assurances 
                specified in paragraph (13) and the limitations 
                specified in section 212(b);
          (17) provide, to the extent feasible, for the 
        furnishing of services under this Act, consistent with 
        self-directed care; and
          (18) include information detailing how the area 
        agency on aging will coordinate activities, and develop 
        long-range emergency plans, with local and State 
        emergency response agencies, relief organizations, 
        local and State governments, and any other institutions 
        that have responsibility for disaster relief service 
        delivery.

           *       *       *       *       *       *       *

    (b)(1) In any fiscal year, an area agency on aging may 
include in the area plan an assessment of how prepared the area 
agency on aging and service providers in the planning and 
service area are for a change in the number of older 
individuals during the 10-year period following the fiscal year 
for which the plan is submitted. In a fiscal year described in 
section 304(d)(1)(A)(ii), an area agency on aging shall include 
the assessment in the area plan.
    (2) Such assessment may include--
          (A) the projected change in the number of older 
        individuals in the planning and service area;
          (B) an analysis of how such change may affect such 
        individuals, including individuals with low incomes, 
        individuals with greatest economic need, minority older 
        individuals, older individuals residing in rural areas, 
        and older individuals with limited English proficiency;
          (C) an analysis of how the programs, policies, and 
        services provided by such area agency can be improved, 
        and how resource levels can be adjusted to meet the 
        needs of the changing population of older individuals 
        in the planning and service area; and
          (D) an analysis of how the change in the number of 
        individuals age 85 and older in the planning and 
        service area is expected to affect the need for 
        supportive services.
    (3) An area agency on aging, in cooperation with government 
officials, State agencies, tribal organizations, or local 
entities, may make recommendations to government officials in 
the planning and service area ,and the State, on actions 
determined by the area agency to build the capacity in the 
planning and service area to meet the needs of older 
individuals for--
          (A) health and human services;
          (B) land use;
          (C) housing;
          (D) transportation;
          (E) public safety;
          (F) workforce and economic development;
          (G) recreation;
          (H) education;
          (I) civic engagement;
          (J) emergency preparedness; and
          (K) any other service as determined by such agency.

           *       *       *       *       *       *       *

    [(b)] (c) Each State, in approving area agency on aging 
under this section, shall waive the requirement described in 
paragraph (2) of subsection (a) for any category of services 
described in such paragraph if the area agency on aging 
demonstrates to the State agency that services being furnished 
for such category in the area are sufficient to meet the need 
for such services in such area and had conducted a timely 
public hearing upon request.
    [(c)] (d)(1) Subject to regulations prescribed by the 
Assistant Secretary, an area agency on aging designated under 
section 305(a)(2)(A) or, in areas of a State where no such 
agency has been designated, the State agency, may enter into 
agreement with agencies administering programs under the 
Rehabilitation Act of 1973, and titles XIX and XX of the Social 
Security Act for the purpose of developing and implementing 
plans for meeting the common need for transportation services 
of individuals receiving benefits under such Acts and older 
individuals participating in programs authorized by this title.

           *       *       *       *       *       *       *

    [(d)] (e) An area agency on aging may not require any 
provider of legal assistance under this title to reveal any 
information that is protected by the attorney-client privilege.
    [(e)] (f)(1) If the head of a State agency finds that an 
area agency on aging has failed to comply with Federal or State 
laws, including the area plan requirements of this section, 
regulations, or policies, the State may withhold a portion of 
the funds to the area agency on aging available under this 
title.

           *       *       *       *       *       *       *


                              STATE PLANS

    Sec. 307. (a) * * *
          (1) The plan shall--
                  (A) * * *

           *       *       *       *       *       *       *

          (2) The plan shall provide that the State agency 
        will--
                  (A) * * *

           *       *       *       *       *       *       *

                  (C) specify a minimum proportion of the funds 
                received by each area agency on aging in the 
                State to carry out part B that will be expended 
                (in the absence of a waiver under [section 
                306(b)] section 306(c) or 316) by such area 
                agency on aging to provide each of the 
                categories of services specified in section 
                306(a)(2).

           *       *       *       *       *       *       *

          (4) The plan shall provide that the State agency will 
        conduct periodic evaluations of, and public hearings 
        on, activities and projects carried out in the State 
        under this title and title VII, including evaluations 
        of the effectiveness of services provided to 
        individuals with greatest economic need, greatest 
        social need, or disabilities[, with particular 
        attention to low-income minority individuals and older 
        individuals residing in rural areas]. (with particular 
        attention to low-income minority older individuals, 
        older individuals with limited English proficiency, and 
        older individuals residing in rural areas)

           *       *       *       *       *       *       *

          (13) The plan shall provide assurances that each 
        State will assign personnel (one of whom shall be known 
        as a legal assistance developer) to provide State 
        leadership in developing legal assistance programs for 
        older individuals throughout the State.
          (14) The plan shall, with respect to the fiscal year 
        preceding the fiscal year for which such plan is 
        prepared--
                  (A) identify the number of low-income 
                minority older individuals in the State, 
                including the number of low-income minority 
                older individuals with limited English 
                proficiency; and
                  (B) describe the methods used to satisfy the 
                service needs of the low-income minority older 
                individuals described in subparagraph (A), 
                including the plan to meet the needs of low-
                income minority older individuals with limited 
                English proficiency.
          [(15) 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; and
                  [(B) describe the methods used to satisfy the 
                service needs of such minority older 
                individuals.]
          [(14)] (15) The plan shall provide assurances that, 
        if a substantial number of the older individuals 
        residing in any planning and service area in the State 
        are of limited English-speaking ability, then the State 
        will require the area agency on aging for each such 
        planning and service area--
                  (A) * * *

           *       *       *       *       *       *       *

          (16) The plan shall provide assurances that the State 
        agency will require outreach efforts that will--
                  (A) identify individuals eligible for 
                assistance under this Act, with special 
                emphasis on--
                          (i) older individuals residing in 
                        rural areas;
                          (ii) older individuals with greatest 
                        economic need [(with particular 
                        attention to low-income minority 
                        individuals and older individuals 
                        residing in rural areas)] (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);
                          (iii) older individuals with greatest 
                        social need [(with particular attention 
                        to low-income minority individuals and 
                        older individuals residing in rural 
                        areas)] (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);

           *       *       *       *       *       *       *

          (26) * * *
          (27) The plan shall provide assurances that area 
        agencies on aging will provide, to the extent feasible, 
        for the furnishing of services under this Act, 
        consistent with self-directed care.
          (28)(A) The plan shall include, at the election of 
        the State, an assessment of how prepared the State is, 
        under the State's statewide service delivery model, for 
        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 age 85 and older in the 
                State is expected to affect the need for 
                supportive services.
          (29) The plan shall include information detailing how 
        the State will coordinate activities, and develop long-
        range emergency preparedness plans, with area agencies 
        on aging, local emergency response agencies, relief 
        organizations, local governments, State agencies 
        responsible for emergency preparedness, and any other 
        institutions that have responsibility for disaster 
        relief service delivery.
          (30) The plan shall include information describing 
        the involvement of the head of the State agency in the 
        development, revision, and implementation of emergency 
        preparedness plans, including the State Public Health 
        Emergency Preparedness and Response Plan.

           *       *       *       *       *       *       *


                                PAYMENTS

    Sec. 309. (a) * * *
    (b)(1) * * *
    (2) Funds required to meet the non-Federal share required 
by section 304(d)(1)(D), in amounts exceeding [the non-Federal 
share required prior to fiscal year 1981] 10 percent of the 
cost of the services specified in section 304(d)(1)(D), shall 
be from State sources.

           *       *       *       *       *       *       *


                  NUTRITION SERVICES INCENTIVE PROGRAM

    Sec. 311. (a) The purpose of this section is to provide 
incentives to encourage and reward effective performance by 
States and tribal organizations in the efficient delivery of 
nutritious meals to older individuals.
    (b)(1) * * *

           *       *       *       *       *       *       *

    (3) Each State agency and grantee under title VI shall 
promptly and equitably disburse amounts received under this 
subsection to recipients of grants and contracts.
    (c)(1) Agricultural commodities, including bonus 
commodities, and products purchased by the Secretary of 
Agriculture under section 32 of the Act of August 24, 1935 (7 
U.S.C. 612c), shall be donated to a recipient of a grant or 
contract to be used for providing nutrition services in 
accordance with the provisions of this title.
    (2) The Commodities Credit Corporation shall dispose of 
food commodities, including bonus commodities, under section 
416 of the Agricultural Act of 1949 (7 U.S.C. 1431) by donating 
them to a recipient of a grant or contract to be used for 
providing nutrition services in accordance with the provisions 
of this title.
    (3) Dairy products, including bonus commodities, purchased 
by the Secretary of Agriculture under section 709 of the Food 
and Agriculture Act of 1965 (7 U.S.C. 1446a-1) shall be used to 
meet-the requirements of programs providing nutrition services 
in accordance with the provisions of this title.
    (d)(1) Each State agency and each grantee under title VI 
shall be entitled to use all or any part of amounts allotted 
under subsection (b) to obtain from the Secretary of 
Agriculture commodities available through any Federal food 
commodity processing program, at the rates at which such 
commodities are valued for purposes of such program.
    (2) * * *

           *       *       *       *       *       *       *

    (4) Each State agency and grantee under title VI shall 
promptly and equitably disburse amounts received under this 
subsection to recipients of grants and contracts. Such 
disbursements shall only be used by such recipients of grants 
or contracts to purchase United States agricultural commodities 
and other foods for their nutrition projects.

           *       *       *       *       *       *       *

    (e) There are authorized to be appropriated to carry out 
this section (other than subsection (c)(1)) such sums as may be 
necessary for fiscal year [2001] 2007 and such sums as may be 
necessary for each of the 4 succeeding fiscal years.

           *       *       *       *       *       *       *


SEC. 315. CONSUMER CONTRIBUTIONS.

    (a) Cost Sharing.--
          (1) In general.--* * *

           *       *       *       *       *       *       *

    (b) Voluntary Contributions.--
          (1) In general.--Voluntary contributions shall be 
        allowed and may be solicited for all services for which 
        funds are received under this Act [provided that] if 
        the method of solicitation is noncoercive. Such 
        contributions shall be encouraged for individuals whose 
        self-declared income is at or above 200 percent of the 
        poverty line, at contribution levels based on the 
        actual cost of services.

           *       *       *       *       *       *       *

          (4) Required acts.--The area agency on aging shall 
        ensure that each service provider will--
                  (A) * * *

           *       *       *       *       *       *       *

                  (E) use all collected contributions to expand 
                the service for which the contributions were 
                given and to supplement (not supplant) funds 
                received under this Act.
    (c) Participation.--
          (1) In general.--* * *
          (2) Plans.--Prior to the implementation of cost 
        sharing under subsection (a), each State and area 
        agency on aging shall develop plans that are designed 
        to ensure that the participation of low-income older 
        individuals [(with particular attention to low-income 
        minority individuals and older individuals residing in 
        rural areas)] (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) receiving services will not decrease with the 
        implementation of the cost sharing under such 
        subsection.
    (d) Evaluation.--Not later than 1 year after the date of 
the enactment of the Older Americans Act Amendments of 2000, 
and annually thereafter, the Assistant Secretary shall conduct 
a comprehensive evaluation of practices for cost sharing to 
determine its impact on participation rates [with particular 
attention to low-income and minority older individuals and 
older individuals residing in rural areas] (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). If the Assistant Secretary finds that there is a 
disparate impact upon low-income or minority older individuals 
or older individuals residing in rural areas in any State or 
region within the State regarding the provision of services, 
the Assistant Secretary shall take corrective action to assure 
that such services are provided to all older individuals 
without regard to the cost sharing criteria.

           *       *       *       *       *       *       *


             Part B--Supportive Services and Senior Centers


                           PROGRAM AUTHORIZED

    Sec. 321. (a) The Assistant Secretary shall carry out a 
program for making grants to States under State plans approved 
under section 307 for any of the following supportive services:
          (1) * * *

           *       *       *       *       *       *       *

          (8) services designed to provide-health screening 
        (including mental health screening) to detect or 
        prevent illnesses, or both, that occur most frequently 
        in older individuals;

           *       *       *       *       *       *       *

          (11) [services] provision of devices and services 
        (including provision of assistive technology devices 
        and assistive technology services) which are designed 
        to meet the unique needs of older individuals who are 
        disabled, and of older individuals who provide 
        uncompensated care to their adult children with 
        disabilities;

           *       *       *       *       *       *       *

          (14) a program, to be known as ``Senior Opportunities 
        and Services'', designed to identify and meet the needs 
        of low-in- come older individuals in one or more of the 
        following areas: (A) development and provision of new 
        volunteer services; (B) effective referral to existing 
        health (including mental health), employment, housing, 
        legal, consumer, transportation, and other services; 
        (C) stimulation and creation of additional services and 
        programs to remedy gaps and deficiencies in presently 
        existing services and programs; and (D) such other 
        services as the Assistant Secretary may determine are 
        necessary or especially appropriate to meet the needs 
        of low-income older individuals and to assure them 
        greater self-sufficiency;

           *       *       *       *       *       *       *

          (22) in-home services for frail older individuals, 
        including individuals with Alzheimer's disease and 
        related disorders with neurological and organic brain 
        dysfunction, and their families, including in-home 
        services defined by a State agency in the State plan 
        submitted under section 307, taking into consideration 
        the age, economic need, and noneconomic and nonhealth 
        factors contributing to the frail condition and need 
        for services of the individuals described in this 
        paragraph, and in-home services defined by an area 
        agency on aging in the area plan submitted under 
        section 306[.];
          (23) services designed to support States, area 
        agencies on aging, and local service providers in 
        carrying out and coordinating activities for older 
        individuals with respect to mental health services, 
        ineluding outreach for, education concerning, and 
        screening or such services, and referral to such 
        services for treatment; and

           *       *       *       *       *       *       *

          [(23)] (24) any other services necessary for the 
        general welfare of older individuals;
        if such services meet standards prescribed by the 
        Assistant Secretary and are necessary for the general 
        welfare of older individuals. For purposes of paragraph 
        (5), the term ``client assessment through case 
        management'' includes providing information relating to 
        assistive technology.

           *       *       *       *       *       *       *


                       Part C--Nutrition Service


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 nutrition services to delay 
the onset of adverse health conditions.

           *       *       *       *       *       *       *

    Sec. 331. The Assistant Secretary shall carry out a program 
for making grants to States under State plans approved under 
section 307 for the establishment and operation of nutrition 
[projects] projects that--
          (1) [which], 5 or more days a week (except in a rural 
        area where such frequency is not feasible (as defined 
        by the Assistant Secretary by regulation) and a lesser 
        frequency is approved by the State agency), provide at 
        least one hot or other appropriate meal per day and any 
        additional meals which the recipient of a grant or 
        contract under this subpart may elect to provide;
          (2) [which] shall be provided in congregate settings, 
        including adult day care facilities and 
        multigenerational meal sites; and
          [(3) which may include nutrition education services 
        and other appropriate nutrition services for older 
        individuals.]
          (3) provide nutrition education, nutrition 
        counseling, and other nutrition services, as 
        appropriate, based on the needs of meal participants.

           *       *       *       *       *       *       *


             [Subpart 2--Home Delivered Nutrition Services


                          [PROGRAM AUTHORIZED

    [Sec. 336. The Assistant Secretary shall carry out a 
program for 1iia.king grants to States under State plans 
approved under section 307 for the establishment and operation 
of nutrition projects for older individuals which, 5 or more 
days a week (except in a rural area where such frequency is not 
feasible (as defined by the Assistant Secretary by regulation) 
and a lesser frequency is approved by the State agency), 
provide at least one home delivered hot, cold, frozen, dried, 
canned, or supplemental foods (with a satisfactory storage 
life) meal per day and any additional meals which the recipient 
of a grant or contract under this subpart may elect to 
provide.]

SEC. 336. PROGRAM AUTHORIZED.

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

           *       *       *       *       *       *       *


                               [CRITERIA

    [Sec. 337. The Assistant Secretary, in consultation with 
organizations of and for the aged, blind, and disabled, and 
with representatives from the American Dietetic Association, 
the Dietary Managers Association, the National Association of 
Area Agencies on Aging, the National Association of Nutrition 
and Aging Services Programs, the National Association of Meals 
Programs, Incorporated, and any other appropriate group, shall 
develop minimum criteria of efficiency and quality for the 
furnishing of home delivered meal services for projects 
described in section 336. The criteria required by this section 
shall take into account the ability of established home 
delivered meals programs to continue such services without 
major alteration in the furnishing of such services.]

SEC. 337. CRITERIA.

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

           *       *       *       *       *       *       *


                     Subpart 3--General Provisions


SEC. 339. NUTRITION.

    A State that establishes and operates a nutrition project 
under this chapter shall--
          [(1) solicit the advice of a dietitian or individual 
        with compatable expertise in the planning of 
        nutritional services, and]
          [(1) solicit the advice and expertise of a dietitian 
        or other individual with 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
          (2) ensure that the project--
                  (A) provides meals that--
                          [(i) comply with the Dietary 
                        Guidelines for Americans:'', published 
                        by the Secretary and the Secretary of 
                        Agriculture,]
                          (i) comply with the most recent 
                        Dietary Guidelines for Americans, 
                        published by the Secretary and the 
                        Secretary of Agriculture, and

           *       *       *       *       *       *       *

                  (D) where feasible, encourages joint 
                arrangements with schools and other facilities 
                serving meals to children in order to promote 
                intergenerational meal programs,

           *       *       *       *       *       *       *

                  [(G) ensures that meal providers carry out 
                such project with the advice of dietitians (or 
                individuals with comparable expertise), meal 
                participants, and other individuals 
                knowledgeable with regard to the needs of older 
                individuals,]
                  (G) ensures that meal providers solicit the 
                advice and expertise of--
                          (i) a dietitian or other individual 
                        described in paragraph (1),
                          (ii) meal participants, and
                          (iii) other individuals knowledgeable 
                        with regard to the needs of older 
                        individuals,

           *       *       *       *       *       *       *

                  (I) ensures that nutrition services will be 
                available to older individuals and to their 
                spouses, and may be made available to 
                individuals with disabilities who are not older 
                individuals but who reside in housing 
                facilities occupied primarily by older 
                individuals at which congregate nutrition 
                services are provided, [and]
                  [(J) provide for nutrition screening and 
                where appropriate, for nutrition education and 
                counseling.]
                  (J) provides for nutrition screening and 
                nutrition education, and nutrition assessment 
                and counseling if appropriate; and
                  (K) encourages individuals who distribute 
                nutrition services under subpart 2 to provide, 
                to homebound older individuals, available 
                medical information approved by health care 
                professionals, such as informational brochures 
                and information on how to get vaccines, 
                including vaccines for influenza, pneumonia, 
                and shingles, in the individuals' communities.

           *       *       *       *       *       *       *


        Part D--Disease Prevention and Health Promotion Services


                           PROGRAM AUTHORIZED

    Sec. 361. (a) * * *
    (b) * * *
    (c) The Assistant Secretary shall work in consultation with 
qualified experts to provide information on methods of 
improving indoor air quality in buildings where older 
individuals congregate.

           *       *       *       *       *       *       *


           PART E--NATIONAL FAMILY CAREGIVER SUPPORT PROGRAM


SEC. 371. SHORT TITLE.

    This part may be cited as the ``National Family Caregiver 
Support Act''.

                  Subpart I--Caregiver Support Program


SEC. 372. DEFINITIONS.

    In this subpart:
          (1) Child.--The term ``child'' means an individual 
        who is not more than 18 years of age or an adult child 
        with mental retardation or a related developmental 
        disability
          (2) Developmental Disability.--The term 
        ``developmental disability'' has the meaning given the 
        term in section 102 of the Developmental Disabilities 
        Assistance and Bill of Rights Act of 2000 (42 D.S.C. 
        15002).
          [(2)] (3) Family caregiver.--The term ``family 
        caregiver'' means an adult family member, or another 
        individual, who is an informal provider of in-home and 
        community care to an older individual or an individual 
        with Alzheimer's disease or a related disorder with 
        neurological and organic brain dysfunction who is 50 
        years of age or older.
          [(3)] (4) Grandparent or older individual who is a 
        relative caregiver.--The term ``grandparent or older 
        individual who is a relative caregiver'' means a 
        grandparent or stepgrandparent of a [child] child 
        (including an adult child with mental retardation or a 
        related developmental disability), or a relative of [a 
        child by blood or marriage] such a child by blood, 
        marriage, or adoption, who is [60] 50 years of age or 
        older and--

           *       *       *       *       *       *       *


SEC. 373. PROGRAM AUTHORIZED.

    (a) In General.--* * *

           *       *       *       *       *       *       *

    (b) Support Services.--The services provided, in a State 
program under subsection (a), by an area agency on aging, or 
entity that such agency has contracted with, shall include--
          (1) * * *

           *       *       *       *       *       *       *

          (3) individual counseling, organization of support 
        groups, and caregiver training to [caregivers to assist 
        the caregivers in making decisions and solving problems 
        relating to their caregiving roles;] assist the 
        caregivers in the areas of health, nutrition, and 
        financial literacy, and in making decisions and solving 
        problems relating to their caregiving roles;

           *       *       *       *       *       *       *

    (c) Population Served; Priority.--
          (1) Population served.--* * *

           *       *       *       *       *       *       *

          (2) Priority.--In providing services under this 
        subpart, the State shall give priority for services to 
        older individuals with greatest social and economic 
        need, (with particular attention to low-income older 
        individuals) and older individuals providing care and 
        support to persons with mental retardation and related 
        developmental disabilities [(as defined in section 102 
        of the Developmental Disabilities Assistance and Bill 
        of Rights Act (42 U.S.C. 6001)) (referred to in this 
        subpart as ``developmental disabilities'').] In 
        providing services for family caregivers under this 
        subpart, the State shall give priority for services to 
        family caregivers who provide care for older 
        individuals.
    [(d) Coordination With Service Providers.--In carrying out 
this subpart, each area agency on aging shall coordinate the 
activities of the agency, or entity that such agency has 
contracted with, with the activities of other community 
agencies and voluntary organizations providing the types of 
services described in subsection (b).]
    (d) Use of Volunteers.--In carrying out this subpart, each 
area agency on aging shall make use of trained volunteers to 
expand the provision of the available services described in 
subsection (b) and shall, if possible, work in coordination 
with entities carrying out volunteer programs (including 
programs administered by the Corporation for National and 
Community Service) designed to provide training, placement, and 
stipends for volunteers in community service settings.
    (e) Quality Standards and Mechanisms and Accountability.--
          (1) Quality standards and mechanisms.--* * *

           *       *       *       *       *       *       *

          (3) Reports.--The State shall prepare and submit to 
        the Assistant Secretary reports on the data and records 
        required under paragraph (2), including information on 
        the services funded under this subpart, and standards 
        and mechanisms by which the quality of the services 
        shall be assured. The reports shall describe any 
        mechanisms used in the State to provide to persons who 
        are family caregivers, or grandparents or older 
        individuals who are relative caregivers, information 
        about and access to various services so that the 
        persons can better carry out their care 
        responsibilities.
    (f) Caregiver Allotment.--
          (1) In general.--
                  (A) From sums appropriated under section 
                303(e) for fiscal years [2001 through 2005] 
                2007, 2008, 2009, 2010, and 2011, the Assistant 
                Secretary shall allot amounts among the States 
                proportionately based on the population of 
                individuals 70 years of age or older in the 
                States.

           *       *       *       *       *       *       *


[SEC. 376. ACTIVITIES OF NATIONAL SIGNIFICANCE.]

SEC. 376. ACTIVITIES AND PROGRAMS OF NATIONAL SIGNIFICANCE.

    [(a) In General.--] The Assistant Secretary [shall], may 
directly or by grant or contract, carry out activities of 
national significance to promote quality and continuous 
improvement in the support provided to family and other 
informal caregivers of older individuals through [program] 
activities that include evaluation, training, technical 
assistance, and [research.] research, and programs that 
include--
          (1) multigenerational programs, including programs 
        that provide supports for grandparents and other older 
        individuals who are relative caregivers (as defined in 
        section 372) raising children (such as kinship 
        navigator programs), and programs that sustain and 
        replicate innovative multigenerational family support 
        programs involving volunteers who are older 
        individuals;
          (2) programs providing support and information to 
        families who have a child with a disability or chronic 
        illness, and to other families in need of family 
        support programs;
          (3) programs addressing unique issues faced by rural 
        caregivers;
          (4) programs focusing on the needs of older 
        individuals with Alzheimer's disease and related 
        dementia and their caregivers; and
          (5) programs supporting caregivers in the roles the 
        caregivers carry out in health promotion and disease 
        prevention.
    [(b) Sunset Provision.--This section shall be effective for 
3 fiscal years after the date of the enactment of the Older 
Americans Act Amendments of 2000.]

           *       *       *       *       *       *       *


      TITLE IV--ACTIVITIES FOR HEALTH, INDEPENDENCE, AND LONGEVITY

SEC. 401. PURPOSES. * * *

           *       *       *       *       *       *       *


                         PART A--GRANT PROGRAMS


SEC. 411. PROGRAM AUTHORIZED.

    (a) In General.--For the purpose of carrying out this 
section, the Assistant Secretary may make grants to and enter 
into contracts with States, public agencies, private nonprofit 
agencies, institutions of higher education, and organizations, 
including tribal organizations, for--
          (1) * * *

           *       *       *       *       *       *       *

          (8) the training of graduate level professionals 
        specializing in the mental health needs of older 
        individuals; [and]
          (9) planning activities to prepare communities for 
        the aging of the population, which activities may 
        include--
                  (A) efforts to assess the aging population;
                  (B) activities to coordinate the activities 
                of State and local agencies in order to meet 
                the needs of older individuals; and
                  (C) training and technical assistance to 
                support States, area agencies on aging, and 
                tribal organizations receiving grants under 
                part A of title VI, in engaging in community 
                planning activities;
          (10) the development, implementation, and assessment 
        of technology-based service models and best practices, 
        to support the use of health monitoring and assessment 
        technologies, communication devices, assistive 
        technologies, and other technologies that may remotely 
        connect family and professional caregivers to frail 
        older individuals residing in home and community-based 
        settings or rural areas; and
          [(9)] (11) any other activities that the Assistant 
        Secretary determines will achieve the objectives of 
        this section.

           *       *       *       *       *       *       *


SEC. 412. CAREER PREPARATION FOR THE FIELD OF AGING.

    [(a) Grants.--The Assistant Secretary shall make grants to 
institutions of higher education, historically Black colleges 
or universities, Hispanic Centers of Excellence in Applied 
Gerontology, and other educational institutions that serve the 
needs of minority students, to provide education and training 
to prepare students for careers in the field of aging.]
    (a) Grants.--The Assistant Secretary shall make grants to 
institutions of higher education, including historically Black 
colleges or universities, Hispanic-serving institutions, 
Hispanic Centers of Excellence in Applied Gerontology, and 
other educational institutions that serve the needs of minority 
students, to provide education and training that prepare 
students for careers in the field of aging.

           *       *       *       *       *       *       *


SEC. 414. HEALTH CARE SERVICE DEMONSTRATION PROJECTS IN RURAL AREAS.

    (a) Authority.--The Assistant Secretary, after consultation 
with the State agency of the State involved, shall make grants 
to eligible public agencies and nonprofit private organizations 
to pay part or all of the cost of developing or operating model 
health care service projects (including related home health 
care services, adult day health care, mental health care, 
outreach, and transportation) through multipurpose senior 
centers that are located in rural areas and that provide 
nutrition services under section 331, to meet the health care 
needs of medically underserved older individuals residing in 
such areas.
    (b) Eligibility.--To be eligible to receive a grant under 
subsection (a), a public agency or nonprofit private 
organization shall submit to the Assistant Secretary an 
application containing such information and assurances as the 
Secretary may require, including--
          (1) * * *

           *       *       *       *       *       *       *

                  (B) coordination and cooperation with--
                          (i) institutions of higher education 
                        having graduate programs with 
                        capability in public health, mental 
                        health, the medical sciences, 
                        psychology, pharmacology, nursing, 
                        social work, health education, 
                        nutrition, or gerontology, for the 
                        purpose of designing and developing 
                        such project; and

           *       *       *       *       *       *       *


SEC. 416. TECHNICAL ASSISTANCE TO IMPROVE TRANSPORTATION FOR SENIORS.

    [(a) In General.--The Secretary may award grants or 
contracts to nonprofit organizations to improve transportation 
services for older individuals.
    [(b) Use of Funds.--A nonprofit organization receiving a 
grant or contract under subsection (a) shall use funds received 
under such grant or contract to provide technical assistance to 
assist local transit providers, area agencies on aging, senior 
centers and local senior support groups to encourage and 
facilitate coordination of Federal, State, and local 
transportation services and resources for older individuals. 
Such technical assistance may include--
          [(1) developing innovative approaches for improving 
        access by older individuals to supportive services;
          [(2) preparing and disseminating information on 
        transportation options and resources for older 
        individuals and organizations serving such individuals 
        through establishing a toll-free telephone number;
          [(3) developing models and best practices for 
        comprehensive integrated transportation services for 
        older individuals, including services administered by 
        the Secretary of Transportation, by providing ongoing 
        technical assistance to agencies providing services 
        under title III and by assisting in coordination of 
        public and community transportation services; and
          [(4) providing special services to link seniors to 
        transportation services not provided under title III.

SEC. 416. TECHNICAL ASSISTANCE AND INNOVATION TO IMPROVE TRANSPORTATION 
                    FOR OLDER INDIVIDUALS.

    (a) In General.--The Secretary may award grants or 
contracts to nonprofit organizations to improve transportation 
services for older individuals.
    (b) Use of Funds.--
          (1) In general.--A nonprofit organization receiving a 
        grant or contract under subsection (a) shall use the 
        funds received through such grant or contract to carry 
        out a demonstration project, or to provide technical 
        assistance to assist local transit providers, area 
        agencies on aging, senior centers, and local senior 
        support groups, to encourage and facilitate 
        coordination of Federal, State, and local 
        transportation services and resources for older 
        individuals. The organization may use the funds to 
        develop and carry out an innovative transportation 
        demonstration project to create transportation services 
        for older individuals.
         (2) Specific activities.--In carrying out a 
        demonstration project or providing technical assistance 
        under paragraph (1) the organization may carry out 
        activities that include--
                 (A) developing innovative approaches for 
                improving access by older individuals to 
                transportation services, including volunteer 
                driver programs, economically sustainable 
                transportation programs, and programs that 
                allow older individuals to transfer their 
                automobiles to a provider of transportation 
                services in exchange for the services;
                 (B) preparing information on transportation 
                options and resources for older individuals and 
                organizations serving such individuals, and 
                disseminating the information by establishing 
                and operating a toll-free telephone number;
                 (C) developing models and best practices for 
                providing comprehensive integrated 
                transportation services for older individuals, 
                including services administered by the 
                Secretary of Transportation, by providing 
                ongoing technical assistance to agencies 
                providing services under title III and by 
                assisting in coordination of public and 
                community transportation services; and
                 (D) providing special services to link seniors 
                to transportation services not provided under 
                title III.
    (c) Economically Sustainable Transportation.--In this 
section, the term ``economically sustainable transportation'' 
means demand responsive transportation for older individuals--
         (1) that may be provided through volunteers; and
         (2) that the provider will provide without receiving 
        Federal or other public financial assistance, after a 
        period of not more than 5 years of providing the 
        services under this section.

           *       *       *       *       *       *       *


SEC. 416A. COMMUNITY PLANNING FOR THE AGING POPULATION.

    The Secretary may establish, either directly or through 
grants or contracts, a national technical assistance program to 
assist States and area agencies on aging funded under this Act 
in planning efforts to prepare communities for the aging of the 
population.

           *       *       *       *       *       *       *


[SEC. 417. DEMONSTRATION PROJECTS FOR MULTIGENERATIONAL ACTIVITIES.

    [(a) Grants and Contracts.--The Assistant Secretary may 
award grants and enter into contracts with eligible 
organizations to establish demonstration projects to provide 
older individuals with multigenerational activities.
    [(b) Use of Funds.--An eligible organization shall use 
funds made available under a grant awarded, or a contract 
entered into, under subsection (a)--
         [(1) to carry out a demonstration project that 
        provides multigenerational activities, including any 
        professional training appropriate to such activities 
        for older individuals; and
         [(2) to evaluate the project in accordance with 
        subsection (f).
     [(c) Preference.--In awarding grants and entering into 
contracts under subsection (a), the Assistant Secretary shall 
give preference to--
         [(1) eligible organizations with a demonstrated record 
        of carrying out multigenerational activities; and
         [(2) eligible organizations proposing projects that 
        will serve older individuals with greatest economic 
        need (with particular attention to low-income minority 
        individuals and older individuals residing in rural 
        areas).
     [(d) Application.--To be eligible to receive a grant or 
enter into a contract under subsection (a), an organization 
shall submit an application to the Assistant Secretary at such 
time, in such manner, and accompanied by such information as 
the Assistant Secretary may reasonably require.
     [(e) Eligible Organizations.--Organizations eligible to 
receive a grant or enter into a contract under subsection (a) 
shall be organizations that employ, or provide opportunities 
for, older individuals in multigenerational activities.
    [(f) Local Evaluation and Report.--
         [(1) Evaluation.--Each organization receiving a grant 
        or a contract under subsection (a) to carry out a 
        demonstration project shall evaluate the 
        multigenerational activities assisted under the project 
        to determine the effectiveness of the multigenerational 
        activities, the impact of such activities on child care 
        and youth day care programs, and the impact of such 
        activities on older individuals involved in such 
        project.
         [(2) Report.--The organization shall submit a report 
        to the Assistant Secretary containing the evaluation 
        not later than 6 months after the expiration of the 
        period for which the grant or contract is in effect.
    [(g) Report to Congress.--Not later than 6 months after the 
Assistant Secretary receives the reports described in 
subsection (f)(2), the Assistant Secretary shall prepare and 
submit to the Speaker of the House of Representatives and the 
President pro tempore of the Senate a report that assesses the 
evaluations and includes, at a minimum--
         [(1) the names or descriptive titles of the 
        demonstration projects funded under subsection (a);
         [(2) a description of the nature and operation of the 
        projects;
         [(3) the names and addresses of organizations that 
        conducted the projects;
          [(4) a description of the methods and success of the 
        projects in recruiting older individuals as employees 
        and volunteers to participate in the projects;
          [(5) a description of the success of the projects in 
        retaining older individuals involved in the projects as 
        employees and as volunteers; and
          [(6) the rate of turnover of older individual 
        employees and volunteers in the projects.
      [(h) Definition.--As used in this section, the term 
``multigenerational activity'' includes an opportunity to serve 
as a mentor or adviser in a child care program, a youth day 
care program, an educational assistance program, an at-risk 
youth intervention program, a juvenile delinquency treatment 
program, or a family support program.]

SEC. 417. DEMONSTRATION, SUPPORT, AND RESEARCH PROJECTS FOR 
                    MULTIGENERATIONAL ACTIVITIES AND CIVIC ENGAGEMENT 
                    ACTIVITIES.

    (a) Grants and Contracts.--The Assistant Secretary shall 
award grants and enter into contracts with eligible 
organizations to--
          (1) conduct productivity and cost-benefit research to 
        determine the effectiveness of engaging older 
        individuals in paid and unpaid positions with public 
        and nonprofit organizations;
          (2) develop a national agenda and blueprint for 
        creating paid and unpaid positions for older 
        individuals with public and nonprofit organizations to 
        increase the capacity of the organizations to provide 
        needed services to communities;
          (3) carry out demonstration and support projects to 
        provide older individuals with multigenerational 
        activities, and civic engagement activities, designed 
        to meet critical community needs; and
          (4) carry out demonstration projects to coordinate 
        multigenerational activities and civic engagement 
        activities, and facilitate development of and 
        participation in multigenerational activities.
    (b) Use of Funds.--An eligible organization shall use funds 
made available under a grant awarded, or a contract entered 
into, under subsection (a)--
          (1)(A) to conduct the research described in 
        subsection (a)(1);
          (B) to develop the national agenda and blueprint 
        described in subsection (a)(2);
          (C) to carry out a demonstration or support project 
        described in subsection (a)(3); or
          (D) to carry out a demonstration project described in 
        subsection (a)( 4); and
          (2) to evaluate the project involved in accordance 
        with subsection (f).
    (c) Preference.--In awarding grants and entering into 
contracts under subsection (a) to carry out a demonstration or 
support project described in subsection (a)(3), the Assistant 
Secretary shall give preference to--
          (1) eligible organizations with a demonstrated record 
        of carrying out multigenerational activities or civic 
        engagement activities;
          (2) eligible organizations proposing 
        multigenerational activity service projects that will 
        serve older individuals and communities with the 
        greatest need (with particular attention to low-income 
        minority older individuals, older individuals with 
        limited English proficiency, older individuals residing 
        in rural areas, and low-income minority communities);
          (3) eligible organizations proposing civic engagement 
        activity service projects that will serve communities 
        with the greatest need; and
          (4) eligible organizations with the capacity to 
        develop meaningful roles and assignments that use the 
        time, skills, and experience of older individuals to 
        serve public and nonprofit organizations.
    (d) Application.--To be eligible to receive a grant or a 
contract under subsection (a), an organization shall submit an 
application to the Assistant Secretary at such time, in such 
manner, and accompanied by such information as the Assistant 
Secretary may reasonably require.
    (e) Eligible Organizations.--Organizations eligible to 
receive a grant or enter into a contract under subsection (a)--
          (1) to carry out activities described in subsection 
        (a)(1), shall be research or academic organizations 
        with the capacity to conduct productivity and cost-
        benefit research described in subsection (a)(1);
          (2) to carry out activities described in subsection 
        (a)(2), shall be organizations with the capacity to 
        develop the national agenda and blueprint described in 
        subsection (a)(2);
          (3) to carry out activities described in subsection 
        (a)(3), shall be organizations that provide paid or 
        unpaid positions for older individuals to serve in 
        multigenerational activities, or civic engagement 
        activities, designed to meet critical community needs 
        and use the full range of time, skills, and experience 
        of older individuals; and
          (4) to carry out activities described in subsection 
        (a)(4), shall be organizations with the capacity to 
        facilitate and coordinate activities as described in 
        subsection (a)(4), through the use of multigenerational 
        coordinators.
    (f) Local Evaluation and Report.--
          (1) Evaluation.--Each organization receiving a grant 
        or a contract under subsection (a) to carry out a 
        demonstration or support project under subsection 
        (a)(3) shall evaluate the multigenerational activities 
        or civic engagement activities assisted under the 
        project to determine the effectiveness of the 
        activities involved, the impact of such activities on 
        the community being served and the organization 
        providing the activities, and the impact of such 
        activities on older individuals involved in such 
        project.
          (2) Report.--The organization shall submit a report 
        to the Assistant Secretary containing the evaluation 
        not later than 6 months after the expiration of the 
        period for which the grant or contract is in effect.
          (g) Report to Congress.--Not later than 6 months 
        after the Assistant Secretary receives the reports 
        described in subsection (f)(2), the Assistant Secretary 
        shall prepare and submit to the Speaker of the House of 
        Representatives and the President pro tempore of the 
        Senate a report that assesses the evaluations and 
        includes, at a minimum--
          (1) the names or descriptive titles of the 
        demonstration, support, and research projects funded 
        under subsection (a);
          (2) a description of the nature and operation of the 
        projects;
          (3) the names and addresses of organizations that 
        conducted the projects;
          (4) in the case of demonstration and support projects 
        carried out under subsection (a)(3), a description of 
        the methods and success of the projects in recruiting 
        older individuals as employees and volunteers to 
        participate in the projects;
          (5) in the case of demonstration and support projects 
        carried out under subsection (a)(3), a description of 
        the success of the projects in retaining older 
        individuals involved in the projects as employees and 
        as volunteers;
          (6) in the case of demonstration and support projects 
        carried out under subsection (a)(3), the rate of 
        turnover of older individual employees and volunteers 
        in the projects;
          (7) a strategy for disseminating the findings 
        resulting from the projects described in paragraph (1); 
        and
          (8) any policy change recommendations relating to the 
        projects.
    (h) Definitions.--As used in this section:
          (1) Civic engagement activity.--The term ``civic 
        engagement activity'' includes an opportunity that uses 
        the time, skills, and experience of older individuals, 
        in paid or unpaid positions with a public or nonprofit 
        organization, to help address the unmet human, 
        educational, health care, environmental, and public 
        safety needs, and nurture and sustain active 
        participation in community affairs.
          (2) Multigenerational activity.--The term 
        ``multigenerational activity'' includes an opportunity 
        that uses the time, skills, and experience of older 
        individuals, in paid or unpaid positions with a public 
        or nonprofit organization, to serve as a mentor or 
        adviser in a child care program, a youth day care 
        program, an educational assistance program, an at-risk 
        youth intervention program, a juvenile delinquency 
        treatment program, a before- or after-school program, 
        or a family support program.
          (3) Multigenerational coordinator.--The term 
        (``multigenerational coordinator'') means a person 
        who--
                  (A) builds the capacity of public and 
                nonprofit organizations to develop meaningful 
                roles and assignments, that use the time, 
                skill, and experience of older individuals to 
                serve those organizations; and
                  (B) nurtures productive, sustainable working 
                relationships between--
                          (i) individuals from the generations 
                        with older individuals; and
                          (ii) individuals in younger 
                        generations.

           *       *       *       *       *       *       *


SEC. 418. NATIVE AMERICAN PROGRAMS.

    (a) Establishment.--
        (1) In general.-- * * *

           *       *       *       *       *       *       *

          (2)Functions.--
                  (A)In general.-- * * *

           *       *       *       *       *       *       *

                  (B) Areas of concern.--In conducting the 
                functions described in subparagraph (A), a 
                Resource Center shall focus on priority areas 
                of concern for the Resource Centers regarding 
                Native Americans who are older individuals, 
                which areas shall be--
                          (i) health (including mental health) 
                        problems:

           *       *       *       *       *       *       *


[SEC. 419. MULTIDISCIPLINARY CENTERS.]

SEC. 419. MULTIDISCIPLINARY CENTERS AND MULTIDISCIPLINARY SYSTEMS.

    [(a) Program Authorized.--The]
    (a) Multidisciplinary Centers._
          (1) Program Authorized._The Assistant Secretary may 
        make grants to public and private nonprofit agencies, 
        organizations, and institutions for the purpose of 
        establishing or supporting multidisciplinary centers of 
        gerontology, and gerontology centers of special 
        emphasis (including emphasis on nutrition, employment, 
        health (including mental health), disabilities 
        (including severe disabilities), income maintenance, 
        counseling services, supportive services, minority 
        populations, and older individuals residing in rural 
        areas).
          (2) Use of funds._
    [(b) Use of Funds.--]
          [(1)](A) In general.--The centers described in 
        [subsection (a)] paragraph (1) shall conduct research 
        and policy analysis and function as a technical 
        resource for the Assistant Secretary, policymakers, 
        service providers, and Congress.
          [(2)](B) Multidisciplinary centers.--The 
        multidisciplinary centers of gerontology described in 
        [subsection (a)] paragraph (1) shall--
                  [(A)](i) recruit and train personnel;
                  [(B)](ii) conduct basic and applied research 
                toward the development of information related 
                to aging;
                  [(C)](iii) stimulate the incorporation of 
                information on aging into the teaching of 
                biological, behavioral, and social sciences at 
                colleges and universities;
                  [(D)](iv) help to develop training programs 
                in the field of aging at schools of public 
                health, education, social work, and psychology, 
                and other appropriate schools within colleges 
                and universities;
                  [(E)](v) serve as a repository of information 
                and knowledge on aging;
                  [(F)](vi) provide consultation and 
                information to public and voluntary 
                organizations, including State agencies and 
                area agencies on aging, which serve the needs 
                of older individuals in planning and developing 
                services provided under other provisions of 
                this Act; and
                  [(G)](vii) if appropriate, provide 
                information relating to assistive technology.
          (3) Data.--
    [(c) Data.--]
          [(1)](A) In general.--Each center that receives a 
        grant under [subsection (a)] paragraph (1) shall 
        provide data to the Assistant Secretary on the projects 
        and activities carried out with funds received under 
        [such subsection] such paragraph.
          [(2)](B) Information included.--Such data described 
        in [paragraph (1)] subparagraph (A) shall include--
                  [(A)](i) information on the number of 
                personnel trained;
                  [(B)](ii) information on the number of older 
                individuals served;
                  [(C)](iii) information on the number of 
                schools assisted; and
                  [(D)](iv) other information that will 
                facilitate achieving the objectives of [this 
                section] this subsection.
    (b) Multidisciplinary Health Services in Communities.--
          (1) Program authorized.--The Assistant Secretary 
        shall make grants to States, on a competitive basis, 
        for the development and operation of--
                  (A) systems for the delivery of mental health 
                screening and treatment services for older 
                individuals who lack access to such services; 
                and
                  (B) programs to--
                          (i) increase public awareness 
                        regarding the benefits of prevention 
                        and treatment of mental disorders in 
                        older individuals;
                          (ii) reduce the stigma associated 
                        with mental disorders in older 
                        individuals and other barriers to the 
                        diagnosis and treatment of the 
                        disorders; and
                          (iii) reduce age-related prejudice 
                        and discrimination regarding mental 
                        disorders in older individuals.
          (2) Application.--To be eligible to receive a grant 
        under this subsection for a State, a State agency shall 
        submit an application to the Assistant Secretary at 
        such time, in such manner, and containing such 
        information as the Assistant Secretary may require.
          (3) State allocation and priorities.--A State agency 
        that receives funds through a grant made under this 
        subsection shall allocate the funds to area agencies on 
        aging to carry out this subsection in planning and 
        service areas in the State. In allocating the funds, 
        the State agency shall give priority to planning and 
        service areas in the State--
                  (A) that are medically underserved; and
                  (B) in which there are large numbers of older 
                individuals.
          (4) Area coordination of services with other 
        providers.--In carrying out this part, to more 
        efficiently and effectively deliver services to older 
        individuals, each area agency on aging shall--
                  (A) coordinate services described in 
                paragraph (1) with other community agencies, 
                and voluntary organizations, providing similar 
                or related services; and
                  (B) to the greatest extent practicable, 
                integrate outreach and educational activities 
                with existing (as of the date of the 
                integration) health care and social service 
                providers serving older individuals in the 
                planning and service area involved.
          (5) Relationship to other funding sources.--Funds 
        made available under this part shall supplement, and 
        not supplant, any Federal, State, and local funds 
        expended by a State or unit of general purpose local 
        government (including an area agency on aging) to 
        provide the services described in paragraph (1).
          (6) Definition.--In this subsection, the term 
        ``mental health screening and treatment services'' 
        means patient screening, diagnostic services, care 
        planning and oversight, therapeutic interventions, and 
        referrals, that are--
                  (A) provided pursuant to evidence-based 
                intervention and treatment protocols (to the 
                extent such protocols are available) for mental 
                disorders prevalent in older individuals; and
                  (B) coordinated and integrated with the 
                services of social service, mental health, and 
                health care providers in an area in order to--
                          (i) improve patient outcomes; and
                          (ii) ensure, to the maximum extent 
                        feasible, the continuing independence 
                        of older individuals who are residing 
                        in the area.

           *       *       *       *       *       *       *


SEC. 422. COMMUNITY INNOVATIONS FOR AGING IN PLACE.

    (a) Definitions.--In this section:
          (1) Eligible entity.--The term ``eligible entity''--
                  (A) means a nonprofit health or social 
                service organization, a community-based 
                nonprofit organization, an area agency on aging 
                or other local government agency, a tribal 
                organization, or another entity that--
                          (i) the Assistant Secretary 
                        determines to be appropriate to carry 
                        out a project under this part; and
                          (ii) demonstrates a record of, and 
                        experience in, providing or 
                        administering group and individual 
                        health and social services for older 
                        individuals; and
                  (B) does not include an entity providing 
                housing under the congregate housing services 
                program carried out under section 802 of the 
                Cranston-Gonzalez National Affordable Housing 
                Act (42 U.S.C. 8011) or the multifamily service 
                coordinator program carried out under section 
                202(g) of the Housing Act of 1959 (12 U.S.C. 
                1701q(g)).
          (2) Naturally occurring retirement community.--The 
        term ``Naturally Occurring Retirement Community'' a 
        residential building, a housing complex, an area 
        (including a rural area) of single family residences, 
        or a neighborhood composed of age-integrated housing--
                  (A) where--
                          (i) 40 percent of the heads of 
                        households are older individuals; or
                          (ii) a critical mass of older 
                        individuals exists, based on local 
                        factors which, taken in total, allow an 
                        organization to achieve efficiencies in 
                        the provision of health and social 
                        services to older individuals living in 
                        the community; and
                  (B) that is not an institutional care or 
                assisted living setting.
    (b) Grants.--
          (1) In general.--The Assistant Secretary shall make 
        grants to eligible entities to enable the entities to 
        pay for developing or carrying out model aging in place 
        projects. The projects shall permit aging in place for 
        older individuals, including such individuals who 
        reside in Naturally Occurring Retirement Communities, 
        which help to sustain the independence of older 
        individuals in communities where the individuals have 
        established personal, family, and professional 
        supportive networks. The entities shall provide 
        comprehensive and coordinated health and social 
        services through the projects.
          (2) Grant periods.--The Assistant Secretary shall 
        make the grants for periods of 3 years.
    (c) Applications.--
          (1) In general.--To be eligible to receive a grant 
        under subsection (b) for a project, an entity shall 
        submit an application to the Assistant Secretary at 
        such time, in such manner, and containing such 
        information as the Assistant Secretary may require.
          (2) Contents.--The application shall include--
                  (A) a detailed description of the entity's 
                experience in providing services to older 
                individuals in age-integrated settings;
                  (B) a definition of the contiguous service 
                area and a description of the project 
                boundaries in which the older individuals 
                reside or carry out activities to sustain their 
                well-being;
                  (C) a description of how the entity will 
                cooperate and coordinate planning and services, 
                with agencies and organizations that provide 
                publicly supported services for older 
                individuals within the project boundaries, 
                including the State agency and area agencies on 
                aging with planning and service areas within 
                the project boundaries;
                  (D) an assurance that the entity will seek to 
                establish cooperative relationships with 
                interested local entities, including private 
                agencies and businesses that provide health and 
                social services, housing entities, community 
                development organizations, philanthropic 
                organizations, foundations, and other non-
                Federal entities;
                  (E) a description of the entity's protocol 
                for referral of residents who may require 
                longterm care services, including coordination 
                with local information and referral agencies 
                and Aging and Disability Resource Centers who 
                serve as single points of entry to public 
                services;
                  (F) a description of how the entity will 
                offer opportunities for older individuals to be 
                involved in the governance, oversight, and 
                operation of the project;
                  (G) an assurance that the entity will submit 
                to the Assistant Secretary such evaluations and 
                reports as the Assistant Secretary may require; 
                and
                  (H) a plan for long-term sustainability of 
                the project.
    (d) Use of Funds.--
          (1) In general.--An eligible entity that receives a 
        grant under subsection (b) shall use the funds made 
        available through the grant to provide and coordinate, 
        through aging in place projects described in subsection 
        (b), services that include a comprehensive and 
        coordinated array of community-based health and social 
        services, which may include mental health services, for 
        eligible older individuals.
          (2) Services.--The services described in paragraph 
        (1) shall include--
                  (A) providing--
                          (i) case management, case assistance, 
                        and social work services;
                          (ii) health care management and 
                        health care assistance, including 
                        disease prevention and health promotion 
                        services;
                          (iii) education, socialization, and 
                        recreational activities; and
                          (iv) volunteer opportunities for 
                        project participants; and
                  (B) coordinating the services provided under 
                title III for eligible older individuals served 
                by the project.
          (3) Preference.--In carrying out an aging in place 
        project, an eligible entity shall, to the extent 
        practicable, serve communities of low-income 
        individuals and operate or locate projects and services 
        in or in close proximity to locations where large 
        concentrations of older individuals have aged in place 
        and resided, such as Naturally Occurring Retirement 
        Communities.
          (4) Supplement not supplant.--Funds made available to 
        an eligible entity under this section shall be used to 
        supplement, not supplant, any Federal, State, or other 
        funds otherwise available to the entity to provide 
        health and social services to eligible older 
        individuals.
    (e) Competitive Grants for Technical Assistance.--
          (1) Grants.--The Assistant Secretary shall (or shall 
        make a grant, on a competitive basis, to an eligible 
        nonprofit organization, to enable the organization 
        to)--
                  (A) provide technical assistance to 
                recipients of grants under subsection (b); and
                  (B) carry out other duties, as determined by 
                the Assistant Secretary.
          (2) Eligible organization.--To be eligible to receive 
        a grant under this subsection, an organization shall be 
        a nonprofit organization (including a partnership of 
        nonprofit organizations), that--
                  (A) has experience and expertise in providing 
                technical assistance to a range of entities 
                serving older individuals and experience 
                evaluating and reporting on programs; and
                  (B) has demonstrated knowledge of and 
                expertise in community-based health and social 
                servIces.
          (3) Application.--To be eligible to receive a grant 
        under this subsection, an organization (including a 
        partnership of nonprofit organizations) shall submit an 
        application to the Assistant Secretary at such time, in 
        such manner, and containing such information as the 
        Assistant Secretary may require, including an assurance 
        that the organization will submit to the Assistant 
        Secretary such evaluations and reports as the Assistant 
        Secretary may require.
    (f) Report.--The Assistant Secretary shall annually prepare 
and submit a report to Congress that shall include--
          (1) the findings resulting from the evaluations of 
        the model projects conducted under this section;
          (2) a description of recommended best practices 
        regarding carrying out health and social service 
        projects for older individuals aging in place; and
          (3) recommendations for legislative or administrative 
        action, as the Assistant Secretary determines 
        appropriate.

           *       *       *       *       *       *       *


SEC. 423. CHOICES FOR INDEPENDENCE DEMONSTRATION PROJECTS.

    (a) Definitions.--In this section:
          (1) Consumer.--The term ``consumer'' means an older 
        individual, a family member of such individual, and any 
        other person seeking information or assistance with 
        respect to long-term care.
          (2) High-risk individual.--The term ``high risk 
        individual'' means an older individual who--
                  (A) has a functional impairment affecting the 
                individual's activities of daily living;
                  (B) is ineligible for the Medicaid program 
                under title XIX of the Social Security Act (42 
                U.S.C. 1396 et seq.); and
                  (C) meets such income and functional status 
                criteria as are determined to be appropriate by 
                the State involved and approved by the 
                Assistant Secretary.
          (3) Qualified expenditures.--The term ``qualified 
        expenditures'' means reported expenditures of a State 
        under this section that have been reviewed and approved 
        by the Assistant Secretary.
          (4) Service coordination.--The term ``service 
        coordination'' means a coordinated approach taken on 
        behalf of high-risk older individuals to facilitate the 
        development and implementation of a long-term care plan 
        and the choice and independence of the individuals in 
        securing long-term care.
    (b) Authority.--The Assistant Secretary shall make grants 
on a competitive basis, in accordance with this section, to 
States to enable the States to pay for the Federal share of the 
cost of modifying their State systems of long-term care in 
order to promote and facilitate--
          (1) the choice and control of older individuals and 
        their families in securing long-term care;
          (2) the coordination and cost-effectiveness of State 
        systems of long-term care;
          (3) the provision of long-term care in home and 
        community-based settings; and
          (4) the ability of individuals receiving long-term 
        care to remain as independent and self-sufficient as 
        possible.
    (c) Applications by States.--For a State to be eligible to 
receive a grant under this section, the Governor of such State 
shall submit an application to the Assistant Secretary, at such 
time, in such manner, and containing such information as the 
Assistant Secretary may specify, containing a plan for 
implementation of the component strategies described in 
subsection (d) and such other information and assurances as the 
Secretary determines to be appropriate.
    (d) Use of Funds by States.--
          (1) Component strategies.--A State that receives 
        funds through a grant made under subsection (b) shall 
        use the funds to carry out a demonstration project 
        under this section (directly or by grant or contract) 
        by integrating into the State system of long-term care, 
        the component strategies described in paragraphs (2) 
        through (5).
          (2) Public Education.--In carrying out the 
        demonstration project, the State shall conduct 
        activities that shall include media campaigns, targeted 
        mailings, and related activities, to help ensure that 
        consumers are aware of--
                  (A) the need to plan in advance for long-term 
                care;
                  (B) available public and private long-term 
                care options, including private long-term care 
                insurance; and
                  (C) sources of information and resources 
                related to long-term care, including the 
                resource centers described in paragraph (3).
          (3) Aging and disability resource centers.--
                  (A) In general.--The State shall provide for 
                community-level Aging and Disability Resource 
                Centers, which, consistent with section 102(47) 
                and subsection (f), shall provide--
                          (i) comprehensive information on 
                        available public and private long-term 
                        care programs, options, and resources;
                          (ii) personal counseling and service 
                        coordination to assist consumers in 
                        assessing their existing or anticipated 
                        long-term care needs and circumstances, 
                        and developing and implementing a plan 
                        for long-term care designed to meet 
                        their specific needs and circumstances;
                          (iii) a convenient point of entry to 
                        the range of publicly-supported long-
                        term care programs for which an 
                        individual may be eligible, including 
                        the Medicaid program under title XIX of 
                        the Social Security Act (42 U.S.C. 1396 
                        et seq.), and to such other public 
                        benefit programs as the State 
                        determines to be appropriate;
                          (iv) a single process for consumer 
                        intake, assessment, and application for 
                        benefits under the programs described 
                        in clause (iii), including, where 
                        appropriate and feasible, facilitating 
                        the determination of an individual's 
                        eligibility (including facilitating 
                        that determination in compliance with 
                        the requirements of title XIX of the 
                        Social Security Act) under such 
                        programs by collaborating with the 
                        appropriate programmatic office; and
                          ( v) the ability--
                                  (I) to respond immediately to 
                                a request for assistance from 
                                an individual or a family 
                                member of the individual, in 
                                the event of a crisis situation 
                                that could result in placement 
                                of such individual in an 
                                institutional care setting; and
                                  (II) to provide (or 
                                coordinate the provision of), 
                                such available short-term 
                                assistance as would be 
                                necessary and appropriate to 
                                temporarily preclude the need 
                                for such institutional 
                                placement, until a plan for 
                                home and community-based long-
                                term care can be developed and 
                                implemented.
                  (B) Training.--In providing for the Centers, 
                the State shall ensure that the staff of the 
                Centers is appropriately trained to understand 
                the interactions between private long-term care 
                insurance ( especially insurance through long-
                term care partnership policies) and eligibility 
                for benefits under the Medicaid program under 
                title XIX of the Social Security Act (42 U.S.C. 
                1396 et seq.).
          (4) Healthy lifestyle choices.--The State shall, in 
        accordance with standards established by the Assistant 
        Secretary, provide for low-cost, community-level, 
        evidence-based prevention programs and related tools 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.
          (5) Community Living Incentives.--
                  (A) In General.--The State shall provide 
                funding toward and otherwise assist with the 
                provision of home and community-based long-term 
                care to individuals at high risk for placement 
                in institutional care (referred to in this 
                paragraph as ``high-risk individual''. The 
                State shall ensure that individuals at greatest 
                risk for becoming eligible for benefits under 
                the Medicaid program receive priority for the 
                home and community-based long-term care.
                  (B) Long-term care plan.--The State shall 
                provide for assessments of the needs and 
                preferences of high-risk individuals with 
                respect to long-term care, and based on such 
                assessments, shall develop with such 
                individuals and their family members, 
                caregivers, or legal representatives a plan for 
                long-term care for such individuals, specifying 
                the types of support, providers, budget, and, 
                if the State elects, cost-sharing contributions 
                involved.
                  ( C) Allocation of funds based on individual 
                budgets.--The State shall ensure that the 
                funding described in subparagraph (A) will be 
                allocated among, and disbursed for, the budgets 
                of high-risk individuals under long-term care 
                plans developed for such individuals.
                  (D) Option to provide consumer-directed 
                care.--The State shall provide high-risk 
                individuals with the option to receive home and 
                community-based long-term care under this 
                paragraph in a manner that permits such 
                individuals to direct and control, in 
                conjunction with a service coordinator, the 
                selection, planning, budgeting, and purchasing 
                of such care (including the amount, duration, 
                scope, providers, and location of such care), 
                to the extent determined appropriate and 
                feasible under the long-term care plan 
                developed under subparagraph (B). The service 
                coordinator shall assist the high-risk 
                individuals in purchasing a range of long-term 
                care services or supplies, not otherwise 
                available or eligible for payment through an 
                entity carrying out a Federal or State program 
                or a similar third party, from a qualified 
                provider that are delivered in home and 
                community-based settings and in a manner that 
                best meets the individuals' needs and respects 
                the individuals' preferences to remain in the 
                least restrictive setting possible.
    (e) Federal share.--The Federal share of the cost of 
modifying systems of long-term systems care as described in 
subsection (b) shall be not more than 75 percent of such cost 
(calculated on an annual basis as the State's qualified 
expenditures for such modifications for such year).
    (f) Special provisions relating to aging and disability 
resource centers.--A State shall ensure that any Aging and 
Disability Resource Center shall--
          (1) fully coordinate its activities with any health 
        insurance information, counseling, and assistance 
        (receiving funding under section 4360 of the Omnibus 
        Budget Reconciliation Act of 1990 (42 U.S.C. 1395b-4)) 
        in the State;
          (2) be subject to such controls as the Assistant 
        Secretary determines to be appropriate to ensure there 
        is no conflict of interest with respect to any 
        referrals, for information or otherwise, made by the 
        Center for individuals receiving services through the 
        Center; and
          (3) provide no long-term care services or supplies, 
        with the exception of case management services provided 
        through area agencies on aging as described in section 
        306(a)(8).
    (g) Special provisions relating to option to provide 
consumer-directed care.--Payments made for a high-risk 
individual under subsection (d)(5)(D) shall not be included in 
the gross income of the high-risk individual for purposes of 
the Internal Revenue Code of 1986 or be treated as income, be 
treated as assets or benefits, or otherwise be taken into 
account, for purposes of determining the individual's 
eligibility for, the amount of benefits for the individual 
under, or the amount of cost-sharing required of the individual 
by, any other Federal or State program, other than the program 
carried out under this section.
    (h) Technical assistance to states.--The Assistant 
Secretary, directly or by grant or contract, shall provide for 
technical assistance to and oversight of States carrying out 
demonstration projects under this section, for purposes of 
administration, quality assurance, and quality improvement.
    (i) Evaluation and report.--The Assistant Secretary, 
directly or by grant or contract, shall provide for an 
evaluation of the demonstration projects carried out under this 
section. The Assistant Secretary shall submit to the President 
a report containing the findings resulting from such evaluation 
not later than 6 months after the termination of the 
demonstration projects.

           *       *       *       *       *       *       *


SEC. 432. RESPONSIBILITIES OF ASSISTANT SECRETARY.

    (a) In general.--* * *

           *       *       *       *       *       *       *

    (c) Evaluations.--
          (1) In general.--The Assistant Secretary shall 
        establish by regulation and implement a process to 
        evaluate the results of projects and programs carried 
        out under this title.
          (2) Results.--The Assistant Secretary shall--
                  (A) make available to the public the results 
                of each evaluation carried out under paragraph 
                (1); and
                  (B) use such evaluation to improve services 
                delivered, or the operation of projects and 
                programs carried out, under this Act, 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.

           *       *       *       *       *       *       *


SEC. 502. OLDER AMERICAN COMMUNITY SERVICE EMPLOYMENT PROGRAM.

    (a)(1) In order to foster and promote useful part-time 
opportunities in community service activities for unemployed 
low-income persons who are 55 years or older and who have poor 
employment prospects, and in order to foster individual 
economic self-sufficiency and to increase the number of persons 
who may enjoy the benefits of unsubsidized employment in both 
the public and private sectors, the Secretary of Labor 
(hereafter in this title referred to as the ``Secretary'') is 
authorized to establish an older American community service 
employment program. For purposes of this paragraph, an 
underemployed person shall be considered to be an unemployed 
person.
    (b)(1) In order to carry out the provisions of this title, 
the Secretary is authorized to enter into agreements, subject 
to section 514, with State and national public and private 
nonprofit agencies and organizations, agencies of a State 
government or a political subdivision of a State (having 
elected or duly appointed governing officials), or a 
combination of such political subdivisions, or tribal 
organizations in order to further the purposes and goals of the 
program. Such agreements may include provisions for the payment 
of costs, as provided in subsection (c) of this section, of 
projects developed by such organizations and agencies in 
cooperation with the Secretary in order to make the program 
effective or to supplement the 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) * * *

           *       *       *       *       *       *       *

          (M) will assure 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,] minority and Indian eligible individuals, 
        eligible individuals with limited English proficiency, 
        and eligible individuals with greatest economic need, 
        at least in proportion to their numbers in the State 
        and take into consideration their rates of poverty and 
        unemployment;
    (f) The Secretary shall, on a regular basis, carry out 
evaluations of the activities authorized under this title, 
which may include but are not limited to projects described in 
subsection (e).
    (g)(1) Except as provided in paragraphs (2) and (3), an 
eligible individual may participate in projects carried out 
under this title for a period of not more than 36 months 
(whether or not consecutive) in the aggregate.
    (2) A grantee for a project may extend the period of 
participation for not more than 20 percent of the project 
participants. In selecting participants for the extended period 
of participation, the grantee shall give priority to--
          (A) participants who are 65 years old or older or 
        frail older individuals; and
          (B) individuals who have more than 1 of the following 
        barriers to employment:
                  (i) A disability.
                  (ii) Limited English proficiency or low 
                literacy skills.
                  (iii) A residence in a rural area.
                  (iv) A residence in an area of high 
                unemployment.
                  (v) Homelessness or a situation that puts the 
                individual at risk for homelessness.
                  (vi) A failure to find employment after 
                utilizing services under title I of the 
                Workforce Investment Act of 1998 (29 U.S.C. 
                2801 et seq.).
    (3) A grantee may petition for a waiver of the 36-month 
limit described in paragraph (1) if the grantee serves a high 
concentration of individuals who are hard-to-serve individuals 
because they have more than 1 barrier to employment as 
described in paragraph (2)(B), including a grantee who operates 
a project in an area in which at least 60 percent of the 
counties are rural counties, as defined by the Economic 
Research Service of the Department of Agriculture.
    (h) It is the sense of the Senate that--
          (1) the older American community service employment 
        program was created with the intent of placing older 
        individuals in community service positions to provide 
        job training placements; and
          (2) placing older individuals in community service 
        positions strengthens the ability of the individuals to 
        become self-sufficient, provides much-needed volunteer 
        support to organizations who benefit significantly from 
        increased civic engagement, and strengthens the 
        communities that are served by such organizations.

           *       *       *       *       *       *       *


SEC. 506. DISTRIBUTION OF ASSISTANCE.

    (a) Reservations.--
          (1) Reservation for private employment projects.--* * 
        *

           *       *       *       *       *       *       *

    (g) Definitions.--In this section:
          (1) Cost per authorized position.--* * *

           *       *       *       *       *       *       *

          (2) Fiscal year 2000 level of activities.--The term 
        ``fiscal year 2000 level of activities'' means--
                  (A) with respect to public and private 
                nonprofit agency and organization grantees that 
                operate under this title under national grants 
                from the Secretary, their level of activities 
                for fiscal year 2000[, or the amount remaining 
                after the application of section 514(e)]; and
                  (B) with respect to State grantees, their 
                level of activities for fiscal year 2000[, or 
                the amount remaining after the application of 
                section 514(f)].

           *       *       *       *       *       *       *


SEC. 513. PERFORMANCE.

    (a) Measures.--
          [(1) Establishment of measures.--The Secretary shall 
        establish, in consultation with grantees] (1) 
        Establishment and implementation of measures.--The 
        Secretary shall establish and implement, after 
        consultation with the Assistant Secretary, 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. The Assistant 
        Secretary shall provide recommendations to the 
        Secretary on the establishment and implementation of 
        the performance measures.
          (2) Content.--
                  (A) Composition of measures.--* * *

           *       *       *       *       *       *       *

                  (B) Adjustment.--The levels of performance 
                described in subparagraph (A) applicable to a 
                grantee shall be adjusted only with respect to 
                the following factors:
                          (i) * * *

           *       *       *       *       *       *       *

                          (iv) Not less than 60 percent of the 
                        counties, in the areas served by the 
                        grantee, being rural counties as 
                        defined by the Economic Research 
                        Service of the Department of 
                        Agriculture.
                          (v) The areas served by the grantee 
                        comprising a difficult to serve 
                        territory due to limited economies of 
                        scale.

           *       *       *       *       *       *       *

          (5) 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.
          (6) Special rules.--
                  (A) Establishment and implementation.--The 
                Secretary shall establish and implement the 
                performance measures described in this section, 
                including all required indicators described in 
                subsection (b), not later than 1 year after the 
                date of enactment of the Older Americans Act 
                Amendments of 2006.
                  (B) Impact on grant competition.--The 
                Secretary may not publish a notice announcing a 
                grant competition under this title, and 
                soliciting proposals for grants, until the day 
                that is the later of--
                          (i) the date on which the Secretary 
                        implements all required indicators 
                        described in subsection (b); and
                          (ii) January 1, 2010.

           *       *       *       *       *       *       *

    (d) Corrective Efforts.--A State or other grantee that does 
not achieve the established levels of performance on the 
performance measures shall submit to the Secretary, for 
approval, a plan of correction as described in subsection (e) 
or (f) of section 514 to achieve established levels of 
performance.
    (e) Effect of Exemption.--In implementing a performance 
measure under this section, the Secretary shall not reduce a 
score on the performance measure of--
          (1) a grantee that receives a waiver under section 
        502(g)(3) on the basis that the grantee is extending 
        the period of participation for project participants 
        under that section; and
          (2) a grantee on the basis that the grantee is 
        extending the period of participation for project 
        participants under section 502(g)(2).

           *       *       *       *       *       *       *


SEC. 514. COMPETITIVE REQUIREMENTS RELATING TO GRANT AWARDS.

    [(a) Program Authorized.--In accordance with section 
502(b), the Secretary shall award grants to eligible applicants 
to carry out projects under this title for a period of 1 year, 
except that, after the promulgation of regulations for this 
title and the establishment of the performance measures 
required by section 513(a), the Secretary shall award grants 
for a period of not to exceed 3 years.]
    (a) Program Authorized.--In accordance with section 502(b), 
the Secretary shall award grants to eligible applicants, 
through a competitive process that emphasizes meeting 
performance measures, to carry out projects under this title 
for a 4-year period. The Secretary may not conduct a grant 
competition under this title until the day described in section 
513(a)(6)(B).
    [(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).]
    (b) Eligible Applicants.--An applicant shall be eligible to 
receive a grant as described in subsection (a) if the applicant 
meets the requirements and criteria described in section 
502(b)(1), subsections (c) and (d), and paragraphs (2) and (3) 
of subsection (e).
    (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 60.
         (2) The applicant's performance on the required 
        indicators described in section 513(b), in the case of 
        an applicant that has previously received a grant under 
        this title, and the applicant's ability to meet the 
        required indicators, in the case of any other 
        applicant.
         (3) The applicant's ability to administer a program 
        that provides community service.
         [(2)](4) 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)](5) The applicant's ability to administer a 
        program that moves eligible individuals into 
        unsubsidized employment.
         [(4)](6) The applicant's ability to move individuals 
        with multiple barriers to employment into unsubsidized 
        employment.
         [(5)](7) The applicant's ability to coordinate with 
        other organizations at the State and local level.
         [(6)](8) The applicant's plan for fiscal management of 
        the program to be administered with funds received 
        under this section.
         [(7)][(9) Any additional criteria that the Secretary 
        deems appropriate in order to minimize disruption for 
        current enrollees.]
         (9) The applicant's ability to minimize disruption in 
        services for project participants and the entities 
        employing the participants.
         (10) Any additional criteria that the Secretary may 
        determine to be appropriate.
    (d) Responsibility Tests.--
         (1) In general.--* * *

           *       *       *       *       *       *       *

    (e) National Performance Measures and Competition for 
Public and Private Nonprofit Agencies and Organizations.--
         (1) In general.--* * *

           *       *       *       *       *       *       *

         (2) Technical assistance and corrective action plan.--
                 (A) * * *
                 (B) * * *
                 [(C) After second year of failure.--If a 
                grantee fails to meet the national performance 
                measures for a second consecutive program year, 
                the Secretary shall conduct a national 
                competition to award, for the first full 
                program year following the determination 
                (minimizing, to the extent possible, the 
                disruption of services provided to enrollees), 
                an amount equal to 25 percent of the funds 
                awarded to the grantee for such year.]
                 [(D)  Competition after third consecutive year 
                of failure.--If a grantee fails to meet the 
                national performance measures for a third 
                consecutive program year, the Secretary shall 
                conduct a national competition to award the 
                amount of the grant remaining after deduction 
                of the portion specified in subparagraph (C) 
                for the first full program year following the 
                determination. The eligible applicant that 
                receives the grant through the national 
                competition shall continue service to the 
                geographic areas formerly served by the grantee 
                that previously received the grant.
         [(3) Competition requirements for public and private 
        nonprofit agencies and organizations in a state.--
                 (A) In general.--In] (3) Competition 
                requirements for public and private nonprofit 
                agencies and organizations in a state.--In 
                addition to the actions required under 
                paragraph (2), the Secretary shall [take 
                corrective action] provide technical assistance 
                if the Secretary determines at the end of any 
                program year that, despite meeting the 
                established national performance measures, a 
                public or private nonprofit agency or 
                organization that is a grantee has attained 
                levels of performance 20 percent or more below 
                the national performance measures with respect 
                to the project carried out in a State and has 
                failed to meet the performance measures as 
                established by the Secretary for the State 
                grantee in such State, and there are not 
                factors, such as the factors described in 
                section 513(a)(2)(B), or size of the project, 
                that justify the performance.
                 [(B) First year of failure.--After the fist 
                program year of failure to meet the performance 
                criteria described in subparagraph (A), the 
                Secretary shall require a corrective action 
                plan, and may require the transfer of the 
                responsibility for the project to other 
                grantees, provide technical assistance, and 
                take other appropriate actions.]
                 [(C) Second year of failure.--After the second 
                consecutive program year of failure to meet the 
                performance criteria described in subparagraph 
                (A), the corrective actions to be taken by the 
                Secretary may include the transfer of the 
                responsibility for a portion or all of the 
                project to a State or public or private 
                nonprofit agency or organization, or a 
                competition for a portion or all of the funds 
                to carry out such project among all eligible 
                entities that meet the responsibility tests 
                under section 514(d) except for the grantee 
                that is the subject of the corrective action.]
                 [(D) Third year of failure.--After the third 
                consecutive program year of failure to meet the 
                performance criteria described in subparagraph 
                (A), the Secretary shall conduct a competition 
                for the funds to carry out such project among 
                all eligible entities that meet the 
                responsibility tests under section 514(d) 
                except for the grantee that is the subject of 
                the corrective action.]
         (4) Request by governor.--Upon the request of the 
        Governor of a State for a review of the performance of 
        a public or private nonprofit agency or organization 
        within the State, the Secretary shall undertake such a 
        review in accordance with the criteria described in 
        [paragraph (3)(A)]paragraph (3). [If the performance of 
        such grantee is not justified under such criteria, the 
        Secretary shall take corrective action in accordance 
        with paragraph (3).]
    (f) Performance Measures and Competition for States.--
         (1) In general.--

           *       *       *       *       *       *       *

         [(4) Failure to meet performance measures for second 
        and third years.--
                 [(A) After second year of failure.--If a State 
                fails to meet the performance measures for a 
                second consecutive program year, the Secretary 
                shall provide for the conduct by the State of a 
                competition to award, for the first full 
                program year; following the determination 
                (minimizing, to the extent possible, the 
                disruption of services provided to enrollees), 
                an amount equal to 25 percent of the funds 
                available to the State for such year.
                 [(B) After third year of failure.--If the 
                State fails to meet the performance measures 
                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.]
    (g) Grantees Serving Individuals With Barriers to 
Employment.--
          (1) Definition.--In this subsection, the term 
        ``individuals with barriers to employment'' minority 
        and Indian individuals, individuals with limited 
        English proficiency, and individuals with greatest 
        economic need.
          (2) Special consideration.--In areas where a 
        substantial population of individuals with barriers to 
        employment exists, a grantee that receives a national 
        grant under this section shall, in selecting 
        subgrantees, give special consideration to 
        organizations (including former recipients of such 
        national grants) with demonstrated expertise in serving 
        individuals with barriers to employment.
    (h) Minority-Serving Grantees.--The Secretary may not 
promulgate rules or regulations, affecting grantees in areas 
where a substantial population of minority individuals exists, 
that would significantly compromise the ability of the grantees 
to serve their targeted population of minority older 
individuals.

SEC. 516. DEFINITIONS.

    In this title:
      (1) Community service.--* * *

           *       *       *       *       *       *       *

          (2) Eligible [individuals] individual--(A) In 
        general.--The term ``eligible [individuals] individual 
        means an individual who is 55 years old or older, who 
        has a low income (including any such individual whose 
        income is not more than 125 percent of poverty 
        guidelines established by the Office of Management and 
        Budget), except that, pursuant to regulations 
        prescribed by the Secretary, any such individual who is 
        60 years old or older shall have priority for the work 
        opportunities provided for under this title.
          (B) Determination of low income.--For purposes of 
        determining income eligibility under subparagraph (A), 
        the Secretary shall not include as income--
                  (i) unemployment compensation;
                  (ii) benefits received under title XVI of the 
                Social Security Act (42 U.S.C. 1381 et seq.);
                  (iii) payments made to or on behalf of 
                veterans or former members of the Armed Forces 
                under the laws administered by the Secretary of 
                Veterans Affairs; or
                  (iv) 25 percent of the old-age and survivors 
                insurance benefits received under title II of 
                the Social Security Act ( 42 U.S.C. 401 et 
                seq.)

           *       *       *       *       *       *       *


SEC. 614A. DISTRIBUTION OF FUNDS AMONG TRIBAL ORGANIZATIONS.

    (a) * * *

           *       *       *       *       *       *       *

    (c) Clarification.--
          (1) Definition.--In this subsection, the term 
        ``covered year'' means fiscal year 2006 or a subsequent 
        fiscal year.
          (2) Consortia of tribal organizations.--If a tribal 
        organization received a grant under this part for 
        fiscal year 1991 as part of a consortium, the Assistant 
        Secretary shall consider the tribal organization to 
        have received a grant under this part for fiscal year 
        1991 for purposes of subsections (a) and (b), and shall 
        apply the provisions of subsections (a) and (b) (1) 
        (under the conditions described in subsection (b)) to 
        the tribal organization for each covered year for which 
        the tribal organization submits an application under 
        this part, even if the tribal organization submits--
                  (A) a separate application from the remaining 
                members of the consortium; or
                  (B) an application as 1 of the remaining 
                members of the consortium.

           *       *       *       *       *       *       *


SEC. 643. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this 
title--
          (1) for parts A and B, such sums as may be necessary 
        for fiscal year [2001] 2007 and such sums as may be 
        necessary for subsequent fiscal years; and
          (2) for part C, [$5,000,000 for fiscal year 2001, and 
        such sums as may be necessary for subsequent fiscal 
        years.] $6,500,000 for fiscal year 2007, $7,000,000 for 
        fiscal year 2008, $7,500,000 for fiscal year 2009, 
        $8,000,000 for fiscal year 2010, and $8,500,000 for 
        fiscal year 2011.

           *       *       *       *       *       *       *


TITLE VII--ALLOTMENTS FOR VULNERABLE ELDER RIGHTS PROTECTION ACTIVITIES

                      Subtitle A--State Provisions

                  CHAPTER I--GENERAL STATE PROVISIONS


SEC. 701. ESTABLISHMENT.

           *       *       *       *       *       *       *


SEC. 702. AUTHORIZATION OF APPROPRIATIONS.

    (a) Ombudsman Program.--There are authorized to be 
appropriated to carry out chapter 2, such sums as may be 
necessary for fiscal year [2001] 2007, and such sums as may be 
necessary for subsequent fiscal years.
    (b) Prevention of Elder Abuse, Neglect, and Exploitation.--
There are authorized to be appropriated to carry out chapter 3, 
such sums as may be necessary for fiscal year [2001] 2007, and 
such sums as may be necessary for subsequent fiscal years.
    (c) Legal Assistance Development Program.--There are 
authorized to be appropriated to carry out chapter 4, such sums 
as may be necessary for fiscal year [2001] 2007, and such sums 
as may be necessary for subsequent fiscal years.

           *       *       *       *       *       *       *


    CHAPTER 3--PROGRAMS FOR PREVENTION OF ELDER ABUSE, NEGLECT, AND 
                              EXPLOITATION


SEC. 721. PREVENTION OF ELDER ABUSE, NEGLECT, AND EXPLOITATION.

    (a) Establishment.--* * *

           *       *       *       *       *       *       *

    (b) Use of Allotments.--The State agency shall use an 
allotment made under subsection (a) to carry out, through the 
programs described in subsection (a), activities to develop, 
strengthen, and carry out programs for the prevention and 
treatment of elder abuse, neglect, and exploitation (including 
financial exploitation), including--
          (1) providing for public education and outreach to 
        identify and prevent elder abuse, neglect, and 
        exploitation;
          (2) providing for public education and outreach to 
        promote financial literacy and prevent identity theft 
        and financial exploitation of older individuals;
          [(2)](3) ensuring the coordination of services 
        provided by area agencies on aging with services 
        instituted under the State adult protection service 
        program, State and local law enforcement systems, and 
        courts of competent jurisdiction;
          [(3)](4) promoting the development of information and 
        data systems, including elder abuse reporting systems, 
        to quantify the extent of elder abuse, neglect, and 
        exploitation in the State;
          [(4)](5) conducting analyses of State information 
        concerning elder abuse, neglect, and exploitation and 
        identifying unmet service, enforcement, or intervention 
        needs;
          [(5)](6) conducting training for individuals, 
        including caregivers described in part E of title III, 
        professionals, and paraprofessionals, in relevant 
        fields on the identification, prevention, and treatment 
        of elder abuse, neglect, and exploitation, with 
        particular focus on prevention and enhancement of self-
        determination and autonomy;
          [(6)](7) providing technical assistance to programs 
        that provide or have the potential to provide services 
        for victims of elder abuse, neglect, and exploitation 
        and for family members of the victims;
          [(7)](8) conducting special and on-going training, 
        for individuals involved in serving victims of elder 
        abuse, neglect, and exploitation, on the topics of 
        self-determination, individual rights, State and 
        Federal requirements concerning confidentiality, and 
        other topics determined by a State agency to be 
        appropriate; and
          [(8)](9) promoting the development of an elder abuse, 
        neglect, and exploitation system--
                  (A) * * *

           *       *       *       *       *       *       *

    (e) Requirements.--* * *
          (1) * * *
          (2) require that all information gathered in the 
        course of receiving a report described in [subsection 
        (b)(8)(B)(i)]subsection (b)(9)(B)(i), and making a 
        referral described in [subsection 
        (b)(8)(B)(ii)]subsection (b)(9)(B)(ii), shall remain 
        confidential except--

           *       *       *       *       *       *       *


                   Subtitle B--Elder Justice Programs

SEC. 751. DEFINITIONS.

    In this subtitle:
          (1) Caregiver.--The term ``caregiver'' means an 
        individual who has the responsibility for the care of 
        an elder, either voluntarily, by contract, by receipt 
        of payment for care, or as a result of the operation of 
        law and means a family member or other individual who 
        provides (on behalf of such individual or of a public 
        or private agency, organization, or institution) 
        compensated or uncompensated care to an elder.
          (2) Direct care.--The term ``direct care'' means care 
        by an employee or contractor who provides assistance or 
        long-term care services to a recipient.
          (3) Elder.--The term ``elder'' means an older 
        individual, as defined in section 102.
          (4) Elder justice.--The term ``elder justice'' 
        means--
                  (A) 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; and
                  (B) from an individual perspective, the 
                recognition of an elder's rights, including the 
                right to be free of abuse, neglect, and 
                exploitation.
          (5) Eligible entity.--The term ``eligible entity'' 
        means a State or local government agency, Indian tribe, 
        or any other public or private entity, that is engaged 
        in and has expertise in issues relating to elder 
        justice.
          (6) Fiduciary.--The term ``fiduciary''--
                  (A) means a person or entity with the legal 
                responsibility--
                          (i) to make decisions on behalf of 
                        and for the benefit of another person; 
                        and
                          (ii) to act in good faith and with 
                        fairness; and
                  (B) includes a trustee, a guardian, a 
                conservator, an executor, an agent under a 
                financial power of attorney or health care 
                power of attorney, or a representative payee.
          (7) Grant.--The term ``grant'' includes a contract, 
        cooperative agreement, or other mechanism for providing 
        financial assistance.
          (8) Law enforcement.--The term ``law enforcement'' 
        means the full range of potential responders to elder 
        abuse, neglect, and exploitation including--
                  (A) police, sheriffs, detectives, public 
                safety officers, and corrections personnel;
                  (B) prosecutors;
                  (C) medical examiners;
                  (D) investigators; and
                  (E) coroners.
          (9) Long-term care.--
                  (A) In general.--The term ``long-term care'' 
                means supportive and health services specified 
                by the Secretary for individuals who need 
                assistance because the individuals have a loss 
                of capacity for self-care due to illness, 
                disability, or vulnerability.
                  (B) Loss of capacity for self-care.--For 
                purposes of subparagraph (A), the term ``loss 
                of capacity for self-care'' means an inability 
                to engage effectively in activities of daily 
                living, including eating, dressing, bathing, 
                and management of one's financial affairs.
                  (10) Long-term care facility.--The term 
                ``long-term care facility'' means a residential 
                care provider that arranges for, or directly 
                provides, long-term care.
                  (11) Nursing facility.--The term ``nursing 
                facility'' has the meaning given such term 
                under section 1919(a) of the Social Security 
                Act (42 U.S.C. 1396r(a)).
                  (12) State legal assistance developer.--The 
                term ``State legal assistance developer'' means 
                an individual described in section 731.
                  (13) State long-term care ombudsman.--The 
                term ``State Long-Term Care Ombudsman'' means 
                the State Long-Term Care Ombudsman described in 
                section 712(a)(2).

SEC. 752. STATE AND TRIBAL GRANTS TO STRENGTHEN LONG-TERM CARE AND 
                    PROVIDE ASSISTANCE FOR ELDER JUSTICE PROGRAMS.

    (a) Grants.--The Assistant Secretary may award grants to 
States and Indian tribes to enable the States and tribes to 
strengthen long-term care and provide assistance for elder 
justice programs.
    (b) Application.--To be eligible to receive a grant under 
this subtitle, a State or Indian tribe shall submit an 
application to the Assistant Secretary at such time, in such 
manner, and containing such information as the Assistant 
Secretary may require.
    (c) Use of Funds.--A State or Indian tribe that receives a 
grant under this subtitle may use the funds made available 
through the grant to award grants--
          (1) to eligible entities for the prevention, 
        detection, assessment, and treatment of, intervention 
        in, investigation of, and response to elder abuse, 
        neglect, and exploitation;
          (2) to eligible entities to examine various types of 
        elder shelters (in this paragraph referred to as ``safe 
        havens''), and to test various safe haven models for 
        establishing safe havens (at home or elsewhere), that--
                  (A) recognize autonomy and self-
                determination, and fully protect the due 
                process rights of elders; and
                  (B)(i) provide a comprehensive, culturally 
                sensitive, and multidisciplinary team response 
                to allegations of elder abuse, neglect, or 
                exploitation;
                  (ii) provide a dedicated, elder-friendly 
                setting;
                  (iii) have the capacity to meet the needs of 
                elders for care; and
                  (iv) provide various services including--
                          (I) nursing and forensic evaluation;
                          (II) therapeutic intervention;
                          (III) victim support and advocacy; 
                        and
                          (IV) care review and assistance to 
                        make the elders safer at home or to 
                        find appropriate placement in safer 
                        environments, including shelters, and, 
                        in some circumstances long-term care 
                        facilities, other residential care 
                        facilities, and hospitals;
          (3) to eligible entities to establish or continue 
        volunteer programs that focus on the issues of elder 
        abuse, neglect, and exploitation, or to provide related 
        services;
          (4) to eligible entities to support multidisciplinary 
        elder justice activities, such as--
                  (A) supporting and studying team approaches 
                for bringing a coordinated multidisciplinary or 
                interdisciplinary response to elder abuse, 
                neglect, and exploitation, including a response 
                from individuals in social service, health 
                care, public safety, and legal disciplines;
                  (B) establishing a State or tribal 
                coordinating council, which shall identify the 
                individual State's or Indian tribe's needs and 
                provide the Secretary with information and 
                recommendations relating to efforts by the 
                State or Indian tribe to combat elder abuse, 
                neglect, and exploitation;
                  (C) providing training, technical assistance, 
                and other methods of support to groups carrying 
                out multidisciplinary efforts at the State or 
                Indian tribe level (referred to in some States 
                as ``State Working Groups'';
                  (D) broadening and studying various models 
                for elder fatality and serious injury review 
                teams, to make recommendations about their 
                composition, protocols, functions, timing, 
                roles, and responsibilities, with a goal of 
                producing models and information that will 
                allow for replication based on the needs of 
                other States, Indian tribes, and communities; 
                or
                  (E) carrying out such other interdisciplinary 
                or multidisciplinary efforts as the Assistant 
                Secretary determines to be appropriate;
          (5) to eligible entities to provide training for 
        individuals with respect to issues of elder abuse, 
        neglect, and exploitation, consisting of--
                  (A) training within a discipline; or
                  (B) cross-training activities that permit 
                individuals in multiple disciplines to train 
                together, fostering communication, coordinating 
                efforts, and ensuring collaboration;
          (6) to eligible entities to address undeserved 
        populations of elders, such as--
                  (A) elders living in rural locations;
                  (B) elders in minority populations; or
                  (C) low-income elders;
          (7) to eligible entities to provide incentives for 
        individuals to train for, seek, and maintain employment 
        providing direct care in a long-term care facility, 
        such as--
                  (A) to eligible entities to provide 
                incentives to participants in programs carried 
                out under part A of title IV, and section 
                403(a)(5), of the Social Security Act (42 
                U.S.C. 601 et seq., 603(a)(5)) to train for and 
                seek employment providing direct care in a 
                long-term care facility;
                  (B) to long-term care facilities to carry out 
                programs through which the facilities--
                          (i) offer, to employees who provide 
                        direct care to residents of a long-term 
                        care facility, continuing training and 
                        varying levels of professional 
                        certification, based on observed 
                        clinical care practices and the amount 
                        of time the employees spend providing 
                        direct care; and
                          (ii) provide, or make arrangements 
                        with employers to provide, bonuses or 
                        other increased compensation or 
                        benefits to employees who achieve 
                        professional certification under such a 
                        program; or
                  (C) to long-term care facilities to enable 
                the facilities to provide training and 
                technical assistance to eligible employees 
                regarding management practices using methods 
                that are demonstrated to promote retention of 
                employees of the facilities, such as--
                          (i) the establishment of basic human 
                        resource policies that reward high 
                        performance, including policies that 
                        provide for improved wages and benefits 
                        on the basis of job reviews; or
                          (ii) the establishment of other 
                        programs that promote the provision of 
                        high quality care, such as a continuing 
                        education program that provides 
                        additional hours of training, including 
                        on-the-job training, for employees who 
                        are certified nurse aides;
          (8) to encourage the establishment of eligible 
        partnerships to develop collaborative and innovative 
        approaches to improve the quality of, including 
        preventing abuse, neglect, and exploitation in, long-
        term care; or
          (9) to eligible entities to establish 
        multidisciplinary panels to address and develop best 
        practices concerning methods of--
                  (A) improving the quality of long-term care; 
                and
                  (B) addressing abuse, including resident-to-
                resident abuse, in long-term care.
    (d) Administrative Expenses.--A State or Indian tribe that 
receives a grant under this section shall not use more than 5 
percent of the funds made available through the grant to pay 
for administrative expenses.
    (e) Supplement Not Supplant.--Funds made available pursuant 
to this section shall be used to supplement and not supplant 
other Federal, State, and local (including tribal) funds 
expended to provide activities described in subsection (c).
    (f) Maintenance of Effort.--The State or Indian tribe, in 
using the proceeds of a grant received under this section, 
shall maintain the expenditures of the State or tribe for 
activities described in subsection (c) at a level equal to not 
less than the level of such expenditures maintained by the 
State or tribe for the fiscal year preceding the fiscal year 
for which the grant is received.
    (g) Accountability Measures.--The Assistant Secretary shall 
develop accountability measures to ensure the effectiveness of 
the activities conducted using funds made available under this 
section, including accountability measures to ensure that the 
activities described in subsection (c)(7) benefit eligible 
employees and increase the stability of the long-term care 
workforce.
    (h) Evaluating Programs.--The Assistant Secretary shall 
evaluate the activities conducted using funds made available 
under this section and shall use the results of such evaluation 
to determine the activities for which funds made available 
under this section may be used.
    (i) Compliance With Applicable Laws.--In order to receive 
funds under this section, an entity shall comply with all 
applicable laws, regulations, and guidelines.
    (j) Eligible Partnerships.--In subsection (c)(8), the term 
``eligible partnership'' means a multidisciplinary community 
partnership consisting of eligible entities or appropriate 
individuals, such as a partnership consisting of 23 
representatives in a community of nursing facility providers, 
State legal assistance developers, advocates for residents of 
long-term care facilities, State Long-Term Care Ombudsmen, 
surveyors, the State agency with responsibility for adult 
protective services, the State agency with responsibility for 
licensing long-term care facilities, law enforcement agencies, 
courts, family councils, residents, certified nurse aides, 
registered nurses, physicians, and other eligible entities and 
appropriate individuals.
    (k) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section such sums as may 
be necessary for each of fiscal years 2005 through 2008.

SEC. 753. COLLECTION OF UNIFORM NATIONAL DATA ON ELDER ABUSE, NEGLECT, 
                    AND EXPLOITATION.

    (a) Purpose.--The purpose of this section is to improve, 
streamline, and promote uniform collection, maintenance, and 
dissemination of national data relating to the various types of 
elder abuse, neglect, and exploitation.
    (b) Phase I.--
          (1) In general.--Not later than the date that is 1 
        year after the date of enactment of the Older Americans 
        Act Amendments of 2006, the Assistant Secretary, acting 
        through the head of the Office of Elder Abuse 
        Prevention and Services, after consultation with the 
        Attorney General and working with experts in relevant 
        disciplines from the Bureau of Justice Statistics of 
        the Office of Justice Programs of the Department of 
        Justice, shall--
                  (A) develop a method for collecting national 
                data regarding elder abuse, neglect, and 
                exploitation; and
                  (B) develop uniform national data reporting 
                forms adapted to each relevant entity or 
                discipline (such as health, public safety, 
                social and protective services, and law 
                enforcement) reflecting--
                          (i) the distinct manner in which each 
                        entity or discipline receives and 
                        maintains information; and
                          (ii) the sequence and history of 
                        reports to or involvement of different 
                        entities or disciplines, independently, 
                        or the sequence and history of reports 
                        from 1 entity or discipline to another 
                        over time.
          (2) Forms.--
                  (A) In general.--Subject to subparagraph (B), 
                the national data reporting forms described in 
                paragraph (1)(B) shall incorporate the 
                definitions of section 751, for use in 
                determining whether an event is reportable.
                  (B) Protection of privacy.--In pursuing 
                activities under this paragraph, the Secretary 
                shall ensure the protection of individual 
                health privacy consistent with the regulations 
                promulgated under section 264(c) of the Health 
                Insurance Portability and Accountability Act of 
                1996 and State and local privacy regulations 
                (as applicable).
    (c) Phase II.--
          (1) In General.--Not later than the date that is 1 
        year after the date on which the activities described 
        in subsection (b)(1) are completed, the Secretary (or 
        the Secretary's designee) shall ensure that the 
        national data reporting forms and data collection 
        methods developed in accordance with such subsection 
        are pilot tested in 6 States selected by the Secretary.
          (2) Adjustments to the form and methods.--The 
        Secretary, after considering the results of the pilot 
        testing described in paragraph (1) and consultation 
        with the Attorney General and relevant experts, shall 
        adjust the national data reporting forms and data 
        collection methods as necessary.
    (d) Phase III.--
          (1) Distribution of national data reporting forms.--
        After completion of the adjustment to the national data 
        reporting forms under subsection (c)(2), the Secretary 
        shall submit the national data reporting forms along 
        with instructions to--
                  (A) the heads of the relevant components of 
                the Department of Health and Human Services, 
                the Department of Justice, and the Department 
                of the Treasury, and such other Federal 
                entities as may be appropriate; and
                  (B) the Governor's office of each State for 
                collection from all relevant State entities of 
                data, including health care, social services, 
                and law enforcement data.
          (2) Data collection grants.--
                  (A) Authorization.--The Secretary is 
                authorized to award grants to States to improve 
                data collection activities relating to elder 
                abuse, neglect, and exploitation.
                  (B) Application.--To be eligible to receive a 
                grant under this paragraph, a State shall 
                submit an application to the Secretary at such 
                time, in such manner, and containing such 
                information as the Secretary may require.
                  (C) Requirements.--Each State receiving a 
                grant under this paragraph for a fiscal year 
                shall report data for the calendar year that 
                begins during that fiscal year, using the 
                national data reporting forms described in 
                paragraph (1).
                  (D) Funding.--
                          (i) First year.--For the first fiscal 
                        year for which a State receives grant 
                        funds under this subsection the 
                        Secretary shall initially distribute 50 
                        percent of such funds. The Secretary 
                        shall distribute the remaining funds at 
                        the end of the calendar year that 
                        begins during that fiscal year, if the 
                        Secretary determines that the State has 
                        properly reported data required under 
                        this subsection for the calendar year.
                          (ii) Subsequent years.--Except as 
                        provided in clause (i), the Secretary 
                        shall distribute grant funds to a State 
                        under this subsection for a fiscal year 
                        if the Secretary determines that the 
                        State properly reported data required 
                        under this subsection for the calendar 
                        year that ends during that fiscal year.
          (3) Required information.--Each report submitted 
        under this subsection shall--
                  (A) indicate the State and year in which each 
                event occurred; and
                  (B) identify the total number of events that 
                occurred in each State during the year and the 
                type of each event.
    (e) Report.--Not later than 1 year after the date of 
enactment of the Older Americans Act Amendments of 2006 and 
annually thereafter, the Secretary shall prepare and submit to 
the appropriate committees of Congress, including to the 
Committee on Health Education, Labor, and Pensions and the 
Special Committee on Aging of the Senate, a report regarding 
activities conducted under this section.
    (f) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section such sums as may 
be necessary for each of fiscal years 2007, 2008, 2009, 2010, 
and 2011.

           *       *       *       *       *       *       *


         Subtitle [B]C--Native American Organization Provisions

SEC. [751]761 NATIVE AMERICAN PROGRAM.

    (a) Establishment.--* * *

           *       *       *       *       *       *       *

    (d) Authorization of Appropriations.--There are authorized 
to be appropriated to carryout this section such sums as may be 
necessary for fiscal year [2001] 2007 and such sums as may be 
necessary for subsequent fiscal years.

           *       *       *       *       *       *       *


                  Subtitle[C][B]D--General Provisions

SEC. [761]771. DEFINITIONS.

           *       *       *       *       *       *       *


SEC. [762]772. ADMINISTRATION.

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SEC. [763]773. TECHNICAL ASSISTANCE.

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SEC. [764]774. AUDITS.

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SEC. 775. RULE OF CONSTRUCTION.

    Nothing in this title shall be construed to interfere with 
or abridge the right of an older individual to practice the 
individual's religion through reliance on prayer alone for 
healing, in a case in which a decision to so practice the 
religion--
          (1) is contemporaneously expressed by the older 
        individual--
                  (A) either orally or in writing;
                  (B) with respect to a specific illness or 
                injury that the older individual has at the 
                time of the decision; and
                  (C) when the older individual is competent to 
                make the decision;
          (2) is set forth prior to the occurrence of the 
        illness or injury in a living will, health care proxy, 
        or other advance directive document that is validly 
        executed and applied under State law; or
          (3) may be unambiguously deduced from the older 
        individual's life history.

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OLDER AMERICANS ACT AMENDMENTS OF 1987

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SEC. 205. DEFINITIONS.

    For the purposes of this title--
          (1) the term ``area agency on aging'' has the meaning 
        given the term in [section 102(17) of the Older 
        Americans Act of 1965 (42 U.S.C. 3002(17))] section 102 
        of the Older Americans Act of 1965 (42 U.S.C. 3002),

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                 ENERGY CONSERVATION AND PRODUCTION ACT


                              DEFINITIONS

    Sec. 412. As used in this part:
          (1) * * *

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          (6) The terms ``Indian'', ``Indian tribe'', and 
        ``tribal organization'' have the meanings prescribed 
        for such terms by [paragraphs (4), (5), and (6), 
        respectively, of section 102] section 102 of the Older 
        Americans Act of 1965.

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