PUBLIC LAW 109–365—OCT. 17, 2006

OLDER AMERICANS ACT

AMENDMENTS OF 2006

120 STAT. 2522 PUBLIC LAW 109–365—OCT. 17, 2006

Public Law 109–365

109th Congress

An Act

To amend the Older Americans Act of 1965 to authorize appropriations for fiscal

years 2007 through 2011, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the ‘‘Older Americans Act Amendments of 2006’’.

(b) TABLE OF CONTENTS.—The table of contents for this Act

is as follows:

Sec. 1. Short title; table of contents.

TITLE I—GENERAL PROVISION

Sec. 101. Definitions.

TITLE II—ADMINISTRATION ON AGING

Sec. 201. Elder abuse prevention and services.

Sec. 202. Functions of the Assistant Secretary.

Sec. 203. Federal agency consultation.

Sec. 204. Administration.

Sec. 205. Evaluation.

Sec. 206. Reports.

Sec. 207. Contracting and grant authority; private pay relationships; appropriate

use of funds.

Sec. 208. Nutrition education.

Sec. 209. Pension counseling and information programs.

Sec. 210. Authorization of appropriations.

TITLE III—GRANTS FOR STATE AND COMMUNITY PROGRAMS ON AGING

Sec. 301. Purpose; administration.

Sec. 302. Definitions.

Sec. 303. Authorization of appropriations; uses of funds.

Sec. 304. Allotments.

Sec. 305. Organization.

Sec. 306. Area plans.

Sec. 307. State plans.

Sec. 308. Payments.

Sec. 309. Nutrition services incentive program.

Sec. 310. Consumer contributions.

Sec. 311. Supportive services and senior centers.

Sec. 312. Nutrition service.

Sec. 313. Congregate nutrition program.

Sec. 314. Home delivered nutrition services.

Sec. 315. Criteria.

Sec. 316. Nutrition.

Sec. 317. Study of nutrition projects.

Sec. 318. Sense of Congress recognizing the contribution of nutrition to the health

of older adults.

Sec. 319. Improving indoor air quality in buildings where older individuals congregate.

Sec. 320. Caregiver support program definitions.

42 USC 3001

note.

Older Americans

Act Amendments

of 2006.

Oct. 17, 2006

[H.R. 6197]

PUBLIC LAW 109–365—OCT. 17, 2006 120 STAT. 2523

Sec. 321. Caregiver support program.

Sec. 322. National innovation.

TITLE IV—ACTIVITIES FOR HEALTH, INDEPENDENCE, AND LONGEVITY

Sec. 401. Title.

Sec. 402. Grant programs.

Sec. 403. Career preparation for the field of aging.

Sec. 404. Health care service demonstration projects in rural areas.

Sec. 405. Technical assistance and innovation to improve transportation for older

individuals.

Sec. 406. Demonstration, support, and research projects for multigenerational activities and civic engagement activities.

Sec. 407. Native American programs.

Sec. 408. Multidisciplinary centers and multidisciplinary systems.

Sec. 409. Community innovations for aging in place.

Sec. 410. Responsibilities of Assistant Secretary.

TITLE V—OLDER AMERICAN COMMUNITY SERVICE EMPLOYMENT

PROGRAM

Sec. 501. Community Service Senior Opportunities Act.

Sec. 502. Effective date.

TITLE VI—NATIVE AMERICANS

Sec. 601. Clarification of maintenance requirement.

Sec. 602. Native Americans caregiver support program.

TITLE VII—ALLOTMENTS FOR VULNERABLE ELDER RIGHTS PROTECTION

ACTIVITIES

Sec. 701. Vulnerable elder rights protection activities.

Sec. 702. Elder abuse, neglect, and exploitation.

Sec. 703. Native American organization provisions.

Sec. 704. Elder justice programs.

Sec. 705. Rule of construction.

TITLE VIII—FEDERAL YOUTH DEVELOPMENT COUNCIL

Sec. 801. Short title.

Sec. 802. Establishment and membership.

Sec. 803. Duties of the Council.

Sec. 804. Coordination with existing interagency coordination entities.

Sec. 805. Assistance of staff.

Sec. 806. Powers of the Council.

Sec. 807. Report.

Sec. 808. Termination.

Sec. 809. Authorization of appropriations.

TITLE IX—CONFORMING AMENDMENTS

Sec. 901. Conforming amendments to other Acts.

TITLE I—GENERAL PROVISION

SEC. 101. DEFINITIONS.

(a) IN GENERAL.—Section 102 of the Older Americans Act of

1965 (42 U.S.C. 3002) is amended—

(1) by striking paragraph (10) and inserting the following:

‘‘(10)(A) The term ‘assistive device’ includes an assistive

technology device.

‘‘(B) The terms ‘assistive technology’, ‘assistive technology

device’, and ‘assistive technology service’ have the meanings

given such terms in section 3 of the Assistive Technology Act

of 1998 (29 U.S.C. 3002).’’;

(2) by striking paragraph (12)(D) and inserting the following:

‘‘(D) evidence-based health promotion programs,

including programs related to the prevention and mitigation of the effects of chronic disease (including osteoporosis,

120 STAT. 2524 PUBLIC LAW 109–365—OCT. 17, 2006

hypertension, obesity, diabetes, and cardiovascular disease), alcohol and substance abuse reduction, smoking cessation, weight loss and control, stress management, falls

prevention, physical activity, and improved nutrition;’’;

(3) by striking paragraph (24) and inserting the following:

‘‘(24)(A) The term ‘exploitation’ means the fraudulent or

otherwise illegal, unauthorized, or improper act or process of

an individual, including a caregiver or fiduciary, that uses

the resources of an older individual for monetary or personal

benefit, profit, or gain, or that results in depriving an older

individual of rightful access to, or use of, benefits, resources,

belongings, or assets.

‘‘(B) In subparagraph (A), the term ‘caregiver’ means an

individual who has the responsibility for the care of an older

individual, either voluntarily, by contract, by receipt of payment

for care, or as a result of the operation of law and means

a family member or other individual who provides (on behalf

of such individual or of a public or private agency, organization,

or institution) compensated or uncompensated care to an older

individual.’’;

(4) in paragraph (29)(E)—

(A) in clause (i), by striking ‘‘and’’ at the end;

(B) in clause (ii), by striking the period at the end

and inserting ‘‘; and’’; and

(C) by adding at the end the following:

‘‘(iii) older individuals at risk for institutional

placement.’’;

(5) in paragraph (32)(D), by inserting ‘‘, including an

assisted living facility,’’ after ‘‘home’’;

(6) by striking paragraph (34) and inserting the following:

‘‘(34) The term ‘neglect’ means—

‘‘(A) the failure of a caregiver (as defined in paragraph

(18)(B)) or fiduciary to provide the goods or services that

are necessary to maintain the health or safety of an older

individual; or

‘‘(B) self-neglect.’’; and

(7) by adding at the end the following:

‘‘(44) The term ‘Aging and Disability Resource Center’

means an entity established by a State as part of the State

system of long-term care, to provide a coordinated system for

providing—

‘‘(A) comprehensive information on the full range of

available public and private long-term care programs,

options, service providers, and resources within a community, including information on the availability of integrated

long-term care;

‘‘(B) personal counseling to assist individuals in

assessing their existing or anticipated long-term care needs,

and developing and implementing a plan for long-term

care designed to meet their specific needs and circumstances; and

‘‘(C) consumers access to the range of publicly-supported long-term care programs for which consumers may

be eligible, by serving as a convenient point of entry for

such programs.

‘‘(45) The term ‘at risk for institutional placement’ means,

with respect to an older individual, that such individual is

PUBLIC LAW 109–365—OCT. 17, 2006 120 STAT. 2525

unable to perform at least 2 activities of daily living without

substantial assistance (including verbal reminding, physical

cuing, or supervision) and is determined by the State involved

to be in need of placement in a long-term care facility.

‘‘(46) The term ‘civic engagement’ means an individual

or collective action designed to address a public concern or

an unmet human, educational, health care, environmental, or

public safety need.

‘‘(47) The term ‘elder justice’—

‘‘(A) used with respect to older individuals, collectively,

means efforts to prevent, detect, treat, intervene in, and

respond to elder abuse, neglect, and exploitation and to

protect older individuals with diminished capacity while

maximizing their autonomy; and

‘‘(B) used with respect to an individual who is an

older individual, means the recognition of the individual’s

rights, including the right to be free of abuse, neglect,

and exploitation.

‘‘(48) The term ‘fiduciary’—

‘‘(A) means a person or entity with the legal

responsibility—

‘‘(i) to make decisions on behalf of and for the

benefit of another person; and

‘‘(ii) to act in good faith and with fairness; and

‘‘(B) includes a trustee, a guardian, a conservator, an

executor, an agent under a financial power of attorney

or health care power of attorney, or a representative payee.

‘‘(49) The term ‘Hispanic-serving institution’ has the

meaning given the term in section 502 of the Higher Education

Act of 1965 (20 U.S.C. 1101a).

‘‘(50) The term ‘long-term care’ means any service, care,

or item (including an assistive device), including a disease

prevention and health promotion service, an in-home service,

and a case management service—

‘‘(A) intended to assist individuals in coping with, and

to the extent practicable compensate for, a functional

impairment in carrying out activities of daily living;

‘‘(B) furnished at home, in a community care setting

(including a small community care setting as defined in

subsection (g)(1), and a large community care setting as

defined in subsection (h)(1), of section 1929 of the Social

Security Act (42 U.S.C. 1396t)), or in a long-term care

facility; and

‘‘(C) not furnished to prevent, diagnose, treat, or cure

a medical disease or condition.

‘‘(51) The term ‘self-directed care’ means an approach to

providing services (including programs, benefits, supports, and

technology) under this Act intended to assist an individual

with activities of daily living, in which—

‘‘(A) such services (including the amount, duration,

scope, provider, and location of such services) are planned,

budgeted, and purchased under the direction and control

of such individual;

‘‘(B) such individual is provided with such information

and assistance as are necessary and appropriate to enable

such individual to make informed decisions about the

individual’s care options;

120 STAT. 2526 PUBLIC LAW 109–365—OCT. 17, 2006

‘‘(C) the needs, capabilities, and preferences of such

individual with respect to such services, and such individual’s ability to direct and control the individual’s receipt

of such services, are assessed by the area agency on aging

(or other agency designated by the area agency on aging)

involved;

‘‘(D) based on the assessment made under subparagraph (C), the area agency on aging (or other agency designated by the area agency on aging) develops together

with such individual and the individual’s family, caregiver

(as defined in paragraph (18)(B)), or legal representative—

‘‘(i) a plan of services for such individual that

specifies which services such individual will be responsible for directing;

‘‘(ii) a determination of the role of family members

(and others whose participation is sought by such individual) in providing services under such plan; and

‘‘(iii) a budget for such services; and

‘‘(E) the area agency on aging or State agency provides

for oversight of such individual’s self-directed receipt of

services, including steps to ensure the quality of services

provided and the appropriate use of funds under this Act.

‘‘(52) The term ‘self-neglect’ means an adult’s inability,

due to physical or mental impairment or diminished capacity,

to perform essential self-care tasks including—

‘‘(A) obtaining essential food, clothing, shelter, and

medical care;

‘‘(B) obtaining goods and services necessary to maintain

physical health, mental health, or general safety; or

‘‘(C) managing one’s own financial affairs.

‘‘(53) The term ‘State system of long-term care’ means

the Federal, State, and local programs and activities administered by a State that provide, support, or facilitate access

to long-term care for individuals in such State.

‘‘(54) The term ‘integrated long-term care’—

‘‘(A) means items and services that consist of—

‘‘(i) with respect to long-term care—

‘‘(I) long-term care items or services provided

under a State plan for medical assistance under

the Medicaid program established under title XIX

of the Social Security Act (42 U.S.C. 1396 et seq.),

including nursing facility services, home and

community-based services, personal care services,

and case management services provided under the

plan; and

‘‘(II) any other supports, items, or services that

are available under any federally funded long-term

care program; and

‘‘(ii) with respect to other health care, items and

services covered under—

‘‘(I) the Medicare program established under

title XVIII of the Social Security Act (42 U.S.C.

1395 et seq.);

‘‘(II) the State plan for medical assistance

under the Medicaid program; or

‘‘(III) any other federally funded health care

program; and

PUBLIC LAW 109–365—OCT. 17, 2006 120 STAT. 2527

‘‘(B) includes items or services described in subparagraph (A) that are provided under a public or private

managed care plan or through any other service provider.’’.

(b) REDESIGNATION AND REORDERING OF DEFINITIONS.—Section

102 of the Older Americans Act of 1965 (42 U.S.C. 3002) is

amended—

(1) by redesignating paragraphs (1) through (54) as paragraphs (45), (7), (50), (39), (26), (27), (54), (13), (48), (8), (29),

(14), (1), (2), (3), (5), (6), (10), (30), (37), (11), (15), (16), (18),

(21), (22), (23), (24), (28), (31), (33), (35), (36), (38), (40), (41),

(42), (43), (44), (51), (53), (19), (49), (4), (9), (12), (17), (20),

(25), (34), (46), (47), (52), and (32), respectively; and

(2) so that paragraphs (1) through (54), as so redesignated

in paragraph (1), appear in numerical order.

TITLE II—ADMINISTRATION ON AGING

SEC. 201. ELDER ABUSE PREVENTION AND SERVICES.

Section 201 of the Older Americans Act of 1965 (42 U.S.C.

3011) is amended by adding at the end the following:

‘‘(e)(1) The Assistant Secretary is authorized to designate within

the Administration a person to have responsibility for elder abuse

prevention and services.

‘‘(2) It shall be the duty of the Assistant Secretary, acting

through the person designated to have responsibility for elder abuse

prevention and services—

‘‘(A) to develop objectives, priorities, policy, and a longterm plan for—

‘‘(i) facilitating the development, implementation, and

continuous improvement of a coordinated, multidisciplinary

elder justice system in the United States;

‘‘(ii) providing Federal leadership to support State

efforts in carrying out elder justice programs and activities

relating to—

‘‘(I) elder abuse prevention, detection, treatment,

intervention, and response;

‘‘(II) training of individuals regarding the matters

described in subclause (I); and

‘‘(III) the development of a State comprehensive

elder justice system, as defined in section 752(b);

‘‘(iii) establishing Federal guidelines and disseminating

best practices for uniform data collection and reporting

by States;

‘‘(iv) working with States, the Department of Justice,

and other Federal entities to annually collect, maintain,

and disseminate data relating to elder abuse, neglect, and

exploitation, to the extent practicable;

‘‘(v) establishing an information clearinghouse to collect, maintain, and disseminate information concerning best

practices and resources for training, technical assistance,

and other activities to assist States and communities to

carry out evidence-based programs to prevent and address

elder abuse, neglect, and exploitation;

‘‘(vi) conducting research related to elder abuse,

neglect, and exploitation;

Government

organization.

120 STAT. 2528 PUBLIC LAW 109–365—OCT. 17, 2006

‘‘(vii) providing technical assistance to States and other

eligible entities that provide or fund the provision of the

services described in title VII;

‘‘(viii) carrying out a study to determine the national

incidence and prevalence of elder abuse, neglect, and exploitation in all settings; and

‘‘(ix) promoting collaborative efforts and diminishing

duplicative efforts in the development and carrying out

of elder justice programs at the Federal, State and local

levels; and

‘‘(B) to assist States and other eligible entities under title

VII to develop strategic plans to better coordinate elder justice

activities, research, and training.

‘‘(3) The Secretary, acting through the Assistant Secretary,

may issue such regulations as may be necessary to carry out this

subsection and section 752.

‘‘(f)(1) The Assistant Secretary may designate an officer or

employee who shall be responsible for the administration of mental

health services authorized under this Act.

‘‘(2) It shall be the duty of the Assistant Secretary, acting

through the individual designated under paragraph (1), to develop

objectives, priorities, and a long-term plan for supporting State

and local efforts involving education about and prevention, detection, and treatment of mental disorders, including age-related

dementia, depression, and Alzheimer’s disease and related neurological disorders with neurological and organic brain dysfunction.’’.

SEC. 202. FUNCTIONS OF THE ASSISTANT SECRETARY.

Section 202 of the Older Americans Act of 1965 (42 U.S.C.

3012) is amended—

(1) in subsection (a)—

(A) in paragraph (5), by inserting ‘‘assistive technology,’’ after ‘‘housing,’’;

(B) by striking paragraph (12) and inserting the following:

‘‘(12)(A) consult and coordinate activities with the Administrator of the Centers for Medicare & Medicaid Services and

the heads of other Federal entities to implement and build

awareness of programs providing benefits affecting older

individuals; and

‘‘(B) carry on a continuing evaluation of the programs and

activities related to the objectives of this Act, with particular

attention to the impact of the programs and activities carried

out under—

‘‘(i) titles XVIII and XIX of the Social Security Act

(42 U.S.C. 1395 et seq., 1396 et seq.);

‘‘(ii) the Age Discrimination in Employment Act of 1967

(29 U.S.C. 621 et seq.); and

‘‘(iii) the National Housing Act (12 U.S.C. 1701 et

seq.) relating to housing for older individuals and the setting of standards for the licensing of nursing homes, intermediate care homes, and other facilities providing care

for such individuals;’’;

(C) by striking paragraph (20) and inserting the following:

‘‘(20)(A) encourage, and provide technical assistance to,

States, area agencies on aging, and service providers to carry

PUBLIC LAW 109–365—OCT. 17, 2006 120 STAT. 2529

out outreach and benefits enrollment assistance to inform and

enroll older individuals with greatest economic need, who may

be eligible to participate, but who are not participating, in

Federal and State programs providing benefits for which the

individuals are eligible, including—

‘‘(i) supplemental security income benefits under title

XVI of the Social Security Act (42 U.S.C. 1381 et seq.),

or assistance under a State plan program under such title;

‘‘(ii) medical assistance under title XIX of such Act

(42 U.S.C. 1396 et seq.);

‘‘(iii) benefits under the Food Stamp Act of 1977 (7

U.S.C. 2011 et seq.); or

‘‘(iv) benefits under any other applicable program; and

‘‘(B) at the election of the Assistant Secretary and in

cooperation with related Federal agency partners administering

the Federal programs, make a grant to or enter into a contract

with a qualified, experienced entity to establish a National

Center on Senior Benefits Outreach and Enrollment, which

shall—

‘‘(i) maintain and update web-based decision support

and enrollment tools, and integrated, person-centered systems, designed to inform older individuals about the full

range of benefits for which the individuals may be eligible

under Federal and State programs;

‘‘(ii) utilize cost-effective strategies to find older individuals with greatest economic need and enroll the individuals

in the programs;

‘‘(iii) create and support efforts for Aging and Disability

Resource Centers, and other public and private State and

community-based organizations, including faith-based

organizations and coalitions, to serve as benefits enrollment

centers for the programs;

‘‘(iv) develop and maintain an information clearinghouse on best practices and cost-effective methods for

finding and enrolling older individuals with greatest economic need in the programs for which the individuals are

eligible; and

‘‘(v) provide, in collaboration with related Federal

agency partners administering the Federal programs,

training and technical assistance on effective outreach,

screening, enrollment, and follow-up strategies;’’;

(D) in paragraph (26)—

(i) in subsection (D)—

(I) by striking ‘‘gaps in’’; and

(II) by inserting ‘‘(including services that

would permit such individuals to receive long-term

care in home and community-based settings)’’ after

‘‘individuals’’; and

(ii) in subsection (E), by striking ‘‘and’’ at the end;

(E) in paragraph (27)—

(i) in subparagraph (B), by adding ‘‘and’’ at the

end; and

(ii) by striking subparagraph (D); and

(F) by adding at the end the following:

‘‘(28) make available to States, area agencies on aging,

and service providers information and technical assistance to

Website.

Grants.

Contracts.

Establishment.

120 STAT. 2530 PUBLIC LAW 109–365—OCT. 17, 2006

support the provision of evidence-based disease prevention and

health promotion services.’’;

(2) by striking subsections (b) and (c), and inserting the

following:

‘‘(b) To promote the development and implementation of comprehensive, coordinated systems at Federal, State, and local levels

that enable older individuals to receive long-term care in home

and community-based settings, in a manner responsive to the needs

and preferences of older individuals and their family caregivers,

the Assistant Secretary shall, consistent with the applicable provisions of this title—

‘‘(1) collaborate, coordinate, and consult with other Federal

entities responsible for formulating and implementing programs, benefits, and services related to providing long-term

care, and may make grants, contracts, and cooperative agreements with funds received from other Federal entities;

‘‘(2) conduct research and demonstration projects to identify

innovative, cost-effective strategies for modifying State systems

of long-term care to—

‘‘(A) respond to the needs and preferences of older

individuals and family caregivers; and

‘‘(B) target services to individuals at risk for institutional placement, to permit such individuals to remain

in home and community-based settings;

‘‘(3) establish criteria for and promote the implementation

(through area agencies on aging, service providers, and such

other entities as the Assistant Secretary determines to be

appropriate) of evidence-based programs to assist older individuals and their family caregivers in learning about and making

behavioral changes intended to reduce the risk of injury, disease, and disability among older individuals;

‘‘(4) facilitate, in coordination with the Administrator of

the Centers for Medicare & Medicaid Services, and other heads

of Federal entities as appropriate, the provision of long-term

care in home and community-based settings, including the

provision of such care through self-directed care models that—

‘‘(A) provide for the assessment of the needs and preferences of an individual at risk for institutional placement

to help such individual avoid unnecessary institutional

placement and depletion of income and assets to qualify

for benefits under the Medicaid program under title XIX

of the Social Security Act (42 U.S.C. 1396 et seq.);

‘‘(B) respond to the needs and preferences of such individual and provide the option—

‘‘(i) for the individual to direct and control the

receipt of supportive services provided; or

‘‘(ii) as appropriate, for a person who was

appointed by the individual, or is legally acting on

the individual’s behalf, in order to represent or advise

the individual in financial or service coordination matters (referred to in this paragraph as a ‘representative’

of the individual), to direct and control the receipt

of those services; and

‘‘(C) assist an older individual (or, as appropriate, a

representative of the individual) to develop a plan for longVerDate 14-DEC-2004 16:51 Nov 08, 2006 Jkt 059139 PO 00365 Frm 00010 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL365.109 APPS24 PsN: PUBL365
PUBLIC LAW 109–365—OCT. 17, 2006 120 STAT. 2531

term support, including selecting, budgeting for, and purchasing home and community-based long-term care and

supportive services;

‘‘(5) provide for the Administration to play a lead role

with respect to issues concerning home and community-based

long-term care, including—

‘‘(A) directing (as the Secretary or the President determines to be appropriate) or otherwise participating in

departmental and interdepartmental activities concerning

long-term care;

‘‘(B) reviewing and commenting on departmental rules,

regulations, and policies related to providing long-term

care; and

‘‘(C) making recommendations to the Secretary with

respect to home and community-based long-term care,

including recommendations based on findings made

through projects conducted under paragraph (2);

‘‘(6) promote, in coordination with other appropriate Federal agencies—

‘‘(A) enhanced awareness by the public of the importance of planning in advance for long-term care; and

‘‘(B) the availability of information and resources to

assist in such planning;

‘‘(7) ensure access to, and the dissemination of, information

about all long-term care options and service providers, including

the availability of integrated long-term care;

‘‘(8) implement in all States Aging and Disability Resource

Centers—

‘‘(A) to serve as visible and trusted sources of information on the full range of long-term care options, including

both institutional and home and community-based care,

which are available in the community;

‘‘(B) to provide personalized and consumer-friendly

assistance to empower individuals to make informed

decisions about their care options;

‘‘(C) to provide coordinated and streamlined access to

all publicly supported long-term care options so that consumers can obtain the care they need through a single

intake, assessment, and eligibility determination process;

‘‘(D) to help individuals to plan ahead for their future

long-term care needs; and

‘‘(E) to assist (in coordination with the entities carrying

out the health insurance information, counseling, and

assistance program (receiving funding under section 4360

of the Omnibus Budget Reconciliation Act of 1990 (42

U.S.C. 1395b–4)) in the States) beneficiaries, and prospective beneficiaries, under the Medicare program established

under title XVIII of the Social Security Act (42 U.S.C.

1395 et seq.) in understanding and accessing prescription

drug and preventative health benefits under the provisions

of, and amendments made by, the Medicare Prescription

Drug, Improvement, and Modernization Act of 2003;

‘‘(9) establish, either directly or through grants or contracts,

national technical assistance programs to assist State agencies,

area agencies on aging, and community-based service providers

funded under this Act in implementing—

Grants.

Contracts.

Establishment.

120 STAT. 2532 PUBLIC LAW 109–365—OCT. 17, 2006

‘‘(A) home and community-based long-term care systems, including evidence-based programs; and

‘‘(B) evidence-based disease prevention and health promotion services programs;

‘‘(10) develop, in collaboration with the Administrator of

the Centers for Medicare & Medicaid Services, performance

standards and measures for use by States to determine the

extent to which their State systems of long-term care fulfill

the objectives described in this subsection; and

‘‘(11) conduct such other activities as the Assistant Secretary determines to be appropriate.

‘‘(c) The Assistant Secretary, in consultation with the Chief

Executive Officer of the Corporation for National and Community

Service, shall—

‘‘(1) encourage and permit volunteer groups (including

organizations carrying out national service programs and

including organizations of youth in secondary or postsecondary

school) that are active in supportive services and civic engagement to participate and be involved individually or through

representative groups in supportive service and civic engagement programs or activities to the maximum extent feasible;

‘‘(2) develop a comprehensive strategy for utilizing older

individuals to address critical local needs of national concern,

including the engagement of older individuals in the activities

of public and nonprofit organizations such as community-based

organizations, including faith-based organizations; and

‘‘(3) encourage other community capacity-building initiatives involving older individuals, with particular attention to

initiatives that demonstrate effectiveness and cost savings in

meeting critical needs.’’; and

(3) in subsection (e)(1)(A), by striking the semicolon at

the end and inserting a period.

SEC. 203. FEDERAL AGENCY CONSULTATION.

Section 203 of the Older Americans Act of 1965 (42 U.S.C.

3013) is amended—

(1) in subsection (a)(3)(A)—

(A) by striking ‘‘(with particular attention to lowincome minority older individuals and older individuals

residing in rural areas)’’ and inserting ‘‘(with particular

attention to low-income older individuals, including lowincome minority older individuals, older individuals with

limited English proficiency, and older individuals residing

in rural areas)’’; and

(B) by striking ‘‘section 507’’ and inserting ‘‘section

518’’;

(2) in subsection (b)—

(A) in paragraph (17), by striking ‘‘and’’ at the end;

(B) in paragraph (18), by striking the period and

inserting ‘‘, and’’; and

(C) by adding at the end the following:

‘‘(19) sections 4 and 5 of the Assistive Technology Act

of 1998 (29 U.S.C. 3003, 3004).’’; and

(3) by adding at the end the following:

‘‘(c)(1) The Secretary, in collaboration with the Federal officials

specified in paragraph (2), shall establish an Interagency Coordinating Committee on Aging (referred to in this subsection as the

Establishment.

PUBLIC LAW 109–365—OCT. 17, 2006 120 STAT. 2533

‘Committee’) focusing on the coordination of agencies with respect

to aging issues.

‘‘(2) The officials referred to in paragraph (1) shall include

the Secretary of Labor and the Secretary of Housing and Urban

Development, and may include, at the direction of the President,

the Attorney General, the Secretary of Transportation, the Secretary

of the Treasury, the Secretary of Agriculture, the Secretary of

Homeland Security, the Commissioner of Social Security, and such

other Federal officials as the President may direct. An official

described in this paragraph may appoint a designee to carry out

the official’s duties under paragraph (1).

‘‘(3) The Secretary of Health and Human Services shall serve

as the first chairperson of the Committee, for 1 term, and the

Secretary of Housing and Urban Development shall serve as the

chairperson for the following term. After that following term, the

Committee shall select a chairperson from among the members

of the Committee, and any member may serve as the chairperson.

No member may serve as the chairperson for more than 1 consecutive term.

‘‘(4) For purposes of this subsection, a term shall be a period

of 2 calendar years.

‘‘(5) The Committee shall meet not less often than once each

year.

‘‘(6) The Committee shall—

‘‘(A) share information with and establish an ongoing

system to improve coordination among Federal agencies with

responsibility for programs and services for older individuals

and recommend improvements to such system with an emphasis

on—

‘‘(i) improving access to programs and services for older

individuals;

‘‘(ii) maximizing the impact of federally funded programs and services for older individuals by increasing the

efficiency, effectiveness, and delivery of such programs and

services;

‘‘(iii) planning and preparing for the impact of demographic changes on programs and services for older individuals; and

‘‘(iv) reducing or eliminating areas of overlap and

duplication by Federal agencies in the provision and accessibility of such programs and services;

‘‘(B) identify, promote, and implement (as appropriate), best

practices and evidence-based program and service models to

assist older individuals in meeting their housing, health care,

and other supportive service needs, including—

‘‘(i) consumer-directed care models for home and

community-based care and supportive services that link

housing, health care, and other supportive services and

that facilitate aging in place, enabling older individuals

to remain in their homes and communities as the individuals age; and

‘‘(ii) innovations in technology applications (including

assistive technology devices and assistive technology services) that give older individuals access to information on

available services or that help in providing services to

older individuals;

120 STAT. 2534 PUBLIC LAW 109–365—OCT. 17, 2006

‘‘(C) collect and disseminate information about older

individuals and the programs and services available to the

individuals to ensure that the individuals can access comprehensive information;

‘‘(D) work with the Federal Interagency Forum on AgingRelated Statistics, the Bureau of the Census, and member

agencies to ensure the continued collection of data relating

to the housing, health care, and other supportive service needs

of older individuals and to support efforts to identify and

address unmet data needs;

‘‘(E) actively seek input from and consult with nongovernmental experts and organizations, including public health

interest and research groups and foundations about the activities described in subparagraphs (A) through (F);

‘‘(F) identify any barriers and impediments, including barriers and impediments in statutory and regulatory law, to the

access and use by older individuals of federally funded programs

and services; and

‘‘(G) work with States to better provide housing, health

care, and other supportive services to older individuals by—

‘‘(i) holding meetings with State agencies;

‘‘(ii) providing ongoing technical assistance to States

about better meeting the needs of older individuals; and

‘‘(iii) working with States to designate liaisons, from

the State agencies, to the Committee.

‘‘(7) Not later than 90 days following the end of each term,

the Committee shall prepare and submit to the Committee on

Financial Services of the House of Representatives, the Committee

on Education and the Workforce of the House of Representatives,

the Committee on Energy and Commerce of the House of Representatives, the Committee on Ways and Means of the House of Representatives, the Committee on Banking, Housing, and Urban

Affairs of the Senate, the Committee on Health, Education, Labor,

and Pensions of the Senate, and the Special Committee on Aging

of the Senate, a report that—

‘‘(A) describes the activities and accomplishments of the

Committee in—

‘‘(i) enhancing the overall coordination of federally

funded programs and services for older individuals; and

‘‘(ii) meeting the requirements of paragraph (6);

‘‘(B) incorporates an analysis from the head of each agency

that is a member of the interagency coordinating committee

established under paragraph (1) that describes the barriers

and impediments, including barriers and impediments in statutory and regulatory law (as the chairperson of the Committee

determines to be appropriate), to the access and use by older

individuals of programs and services administered by such

agency; and

‘‘(C) makes such recommendations as the chairman determines to be appropriate for actions to meet the needs described

in paragraph (6) and for coordinating programs and services

designed to meet those needs.

‘‘(8) On the request of the Committee, any Federal Government

employee may be detailed to the Committee without reimbursement,

and such detail shall be without interruption or loss of civil service

status or privilege.’’.

Deadline.

Reports.

PUBLIC LAW 109–365—OCT. 17, 2006 120 STAT. 2535

SEC. 204. ADMINISTRATION.

Section 205 of the Older Americans Act of 1965 (42 U.S.C.

3016) is amended—

(1) in subsection (a)—

(A) in paragraph (1)—

(i) in subparagraph (C), by adding ‘‘and’’ at the

end;

(ii) in subparagraph (D), by striking ‘‘; and’’ and

inserting a period; and

(iii) by striking subparagraph (E); and

(B) in paragraph (2)—

(i) in subparagraph (A)—

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

‘‘(i) designing, implementing, and evaluating evidencebased programs to support improved nutrition and regular

physical activity for older individuals;’’;

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

‘‘(iii) conducting outreach and disseminating evidence-based

information to nutrition service providers about the benefits

of healthful diets and regular physical activity, including

information about the most current Dietary Guidelines for

Americans published under section 301 of the National Nutrition Monitoring and Related Research Act of 1990 (7 U.S.C.

5341), the Food Guidance System of the Department of Agriculture, and advances in nutrition science;’’;

(III) in clause (vii), by striking ‘‘and’’ at the

end; and

(IV) by striking clause (viii) and inserting the

following:

‘‘(viii) disseminating guidance that describes strategies for

improving the nutritional quality of meals provided under title

III, including strategies for increasing the consumption of whole

grains, lowfat dairy products, fruits, and vegetables;

‘‘(ix) developing and disseminating guidelines for conducting nutrient analyses of meals provided under subparts

1 and 2 of part C of title III, including guidelines for averaging

key nutrients over an appropriate period of time; and

‘‘(x) providing technical assistance to the regional offices

of the Administration with respect to each duty described in

clauses (i) through (ix).’’; and

(ii) by amending subparagraph (C)(i) to read as

follows:

‘‘(i) have expertise in nutrition, energy balance, and meal

planning; and’’.

SEC. 205. EVALUATION.

The first sentence of section 206(g) of the Older Americans

Act of 1965 (42 U.S.C. 3017(g)) is amended to read as follows:

‘‘From the total amount appropriated for each fiscal year to carry

out title III, the Secretary may use such sums as may be necessary,

but not to exceed 1⁄2 of 1 percent of such amount, for purposes

of conducting evaluations under this section, either directly or

through grants or contracts.’’.

SEC. 206. REPORTS.

Section 207(b)(2) of the Older Americans Act of 1965 (42 U.S.C.

3018(b)(2)) is amended—

Grants.

Contracts.

120 STAT. 2536 PUBLIC LAW 109–365—OCT. 17, 2006

(1) in subparagraph (B), by striking ‘‘Labor’’ and inserting

‘‘the Workforce’’; and

(2) in subparagraph (C), by striking ‘‘Labor and Human

Resources’’ and inserting ‘‘Health, Education, Labor, and Pensions’’.

SEC. 207. CONTRACTING AND GRANT AUTHORITY; PRIVATE PAY RELATIONSHIPS; APPROPRIATE USE OF FUNDS.

Section 212 of the Older Americans Act of 1965 (42 U.S.C.

3020c) is amended to read as follows:

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

‘‘(a) IN GENERAL.—Subject to subsection (b), this Act shall not

be construed to prevent a recipient of a grant or a contract under

this Act (other than title V) from entering into an agreement

with a profitmaking organization for the recipient to provide services to individuals or entities not otherwise receiving services under

this Act, provided that—

‘‘(1) if funds provided under this Act to such recipient

are initially used by the recipient to pay part or all of a

cost incurred by the recipient in developing and carrying out

such agreement, such agreement guarantees that the cost is

reimbursed to the recipient;

‘‘(2) if such agreement provides for the provision of 1 or

more services, of the type provided under this Act by or on

behalf of such recipient, to an individual or entity seeking

to receive such services—

‘‘(A) the individuals and entities may only purchase

such services at their fair market rate;

‘‘(B) all costs incurred by the recipient in providing

such services (and not otherwise reimbursed under paragraph (1)), are reimbursed to such recipient; and

‘‘(C) the recipient reports the rates for providing such

services under such agreement in accordance with subsection (c) and the rates are consistent with the prevailing

market rate for provision of such services in the relevant

geographic area as determined by the State agency or

area agency on aging (as applicable); and

‘‘(3) any amount of payment to the recipient under the

agreement that exceeds reimbursement under this subsection

of the recipient’s costs is used to provide, or support the provision of, services under this Act.

‘‘(b) ENSURING APPROPRIATE USE OF FUNDS.—An agreement

described in subsection (a) may not—

‘‘(1) be made without the prior approval of the State agency

(or, in the case of a grantee under title VI, without the prior

recommendation of the Director of the Office for American

Indian, Alaska Native, and Native Hawaiian Aging and the

prior approval of the Assistant Secretary), after timely submission of all relevant documents related to the agreement

including information on all costs incurred;

‘‘(2) directly or indirectly provide for, or have the effect

of, paying, reimbursing, subsidizing, or otherwise compensating

an individual or entity in an amount that exceeds the fair

market value of the services subject to such agreement;

‘‘(3) result in the displacement of services otherwise available to an older individual with greatest social need, an older

PUBLIC LAW 109–365—OCT. 17, 2006 120 STAT. 2537

individual with greatest economic need, or an older individual

who is at risk for institutional placement; or

‘‘(4) in any other way compromise, undermine, or be inconsistent with the objective of serving the needs of older individuals, as determined by the Assistant Secretary.

‘‘(c) MONITORING AND REPORTING.—To ensure that any agreement described in subsection (a) complies with the requirements

of this section and other applicable provisions of this Act, the

Assistant Secretary shall develop and implement uniform monitoring procedures and reporting requirements consistent with the

provisions of subparagraphs (A) through (E) of section 306(a)(13)

in consultation with the State agencies and area agencies on aging.

The Assistant Secretary shall annually prepare and submit to the

chairpersons and ranking members of the appropriate committees

of Congress a report analyzing all such agreements, and the costs

incurred and services provided under the agreements. This report

shall contain information on the number of the agreements per

State, summaries of all the agreements, and information on the

type of organizations participating in the agreements, types of services provided under the agreements, and the net proceeds from,

and documentation of funds spent and reimbursed, under the agreements.

‘‘(d) TIMELY REIMBURSEMENT.—All reimbursements made under

this section shall be made in a timely manner, according to standards specified by the Assistant Secretary.

‘‘(e) COST.—In this section, the term ‘cost’ means an expense,

including an administrative expense, incurred by a recipient in

developing or carrying out an agreement described in subsection

(a), whether the recipient contributed funds, staff time, or other

plant, equipment, or services to meet the expense.’’.

SEC. 208. NUTRITION EDUCATION.

Section 214 of the Older Americans Act of 1965 (42 U.S.C.

3020e) is amended to read as follows:

‘‘SEC. 214. NUTRITION EDUCATION.

‘‘The Assistant Secretary, in consultation with the Secretary

of Agriculture, shall conduct outreach and provide technical assistance to agencies and organizations that serve older individuals

to assist such agencies and organizations to carry out integrated

health promotion and disease prevention programs that—

‘‘(1) are designed for older individuals; and

‘‘(2) include—

‘‘(A) nutrition education;

‘‘(B) physical activity; and

‘‘(C) other activities to modify behavior and to improve

health literacy, including providing information on optimal

nutrient intake, through nutrition education and nutrition

assessment and counseling, in accordance with section

339(2)(J).’’.

SEC. 209. PENSION COUNSELING AND INFORMATION PROGRAMS.

Section 215 of the Older Americans Act of 1965 (42 U.S.C.

3020e–1) is amended—

(1) in subsection (e)(1)(J), by striking ‘‘and low income

retirees’’ and inserting ‘‘, low-income retirees, and older individuals with limited English proficiency’’;

Procedures.

120 STAT. 2538 PUBLIC LAW 109–365—OCT. 17, 2006

(2) in subsection (f), by striking paragraph (2) and inserting

the following:

‘‘(2) The ability of the entity to perform effective outreach

to affected populations, particularly populations with limited

English proficiency and other populations that are identified

as in need of special outreach.’’; and

(3) in subsection (h)(2), by inserting ‘‘(including individuals

with limited English proficiency)’’ after ‘‘individuals’’.

SEC. 210. AUTHORIZATION OF APPROPRIATIONS.

Section 216 of the Older Americans Act of 1965 (42 U.S.C.

3020f) is amended—

(1) in subsection (a), by striking ‘‘2001, 2002, 2003, 2004,

and 2005’’ and inserting ‘‘2007, 2008, 2009, 2010, and 2011.’’;

and

(2) in subsections (b) and (c), by striking ‘‘year’’ and all

that follows through ‘‘years’’, and inserting ‘‘years 2007, 2008,

2009, 2010, and 2011’’.

TITLE III—GRANTS FOR STATE AND

COMMUNITY PROGRAMS ON AGING

SEC. 301. PURPOSE; ADMINISTRATION.

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

3021(a)(2)) is amended—

(1) in subparagraph (D), by striking ‘‘and’’ at the end;

(2) in subparagraph (E), by striking the period at the

end and inserting ‘‘; and’’; and

(3) by adding at the end the following:

‘‘(F) organizations that have experience in providing

training, placement, and stipends for volunteers or participants

who are older individuals (such as organizations carrying out

Federal service programs administered by the Corporation for

National and Community Service), in community service settings.’’.

SEC. 302. DEFINITIONS.

Section 302 of the Older Americans Act of 1965 (42 U.S.C.

3022) is amended—

(1) by adding at the end the following:

‘‘(4) The term ‘family caregiver’ means an adult family

member, or another individual, who is an informal provider

of in-home and community care to an older individual or to

an individual with Alzheimer’s disease or a related disorder

with neurological and organic brain dysfunction.’’;

(2) by redesignating paragraphs (2), (3), and (4) as paragraphs (4), (2), and (3), respectively; and

(3) by moving paragraph (4), as so redesignated, to the

end of the section.

SEC. 303. AUTHORIZATION OF APPROPRIATIONS; USES OF FUNDS.

Section 303 of the Older Americans Act of 1965 (42 U.S.C.

3023) is amended—

(1) in subsections (a)(1), (b), and (d), by striking ‘‘year

2001’’ and all that follows through ‘‘years’’ each place it appears,

and inserting ‘‘years 2007, 2008, 2009, 2010, and 2011’’; and

PUBLIC LAW 109–365—OCT. 17, 2006 120 STAT. 2539

(2) in subsection (e)—

(A) in paragraph (1) by striking ‘‘$125,000,000’’ and all that follows and inserting ‘‘$160,000,000 for fiscal year

2007.’’;

(B) in paragraph (2), by striking ‘‘such sums’’ and all that follows and inserting ‘‘$166,500,000 for fiscal year

2008, $173,000,000 for fiscal year 2009, $180,000,000 for

fiscal year 2010, and $187,000,000 for fiscal year 2011.’’;

and

(C) in paragraph (3)—

(i) by striking ‘‘(2)—’’ and all that follows through

‘‘1 percent’’ and inserting ‘‘(2), not more than 1 percent’’;

(ii) by striking ‘‘shall’’ and inserting ‘‘may’’; and

(iii) by striking ‘‘section 376’’ and inserting ‘‘section

411(a)(11)’’.

SEC. 304. ALLOTMENTS.

Section 304(a)(3)(D) of the Older Americans Act of 1965 (42

U.S.C. 3024(a)(3)(D)) is amended to read as follows:

‘‘(D)(i) No State shall be allotted less than the total amount

allotted to the State for fiscal year 2006.

‘‘(ii) No State shall receive a percentage increase in an allotment, above the State’s fiscal year 2006 allotment, that is less

than—

‘‘(I) for fiscal year 2007, 20 percent of the percentage

increase above the fiscal year 2006 allotments for all of the

States;

‘‘(II) for fiscal year 2008, 15 percent of the percentage

increase above the fiscal year 2006 allotments for all of the

States;

‘‘(III) for fiscal year 2009, 10 percent of the percentage

increase above the fiscal year 2006 allotments for all of the

States; and

‘‘(IV) For fiscal year 2010, 5 percent of the percentage

increase above the fiscal year 2006 allotments for all of the

States.’’.

SEC. 305. ORGANIZATION.

Section 305(a) of the Older Americans Act of 1965 (42 U.S.C.

3025(a)) is amended—

(1) in paragraph (1)(E)—

(A) by striking ‘‘(with particular attention to lowincome minority individuals and older individuals residing

in rural areas)’’ each place it appears and inserting ‘‘(with

particular attention to low-income older individuals,

including low-income minority older individuals, older

individuals with limited English proficiency, and older

individuals residing in rural areas)’’; and

(B) by striking ‘‘and’’ at the end;

(2) in paragraph (2)—

(A) in subparagraph (E), by striking ‘‘, with particular

attention to low-income minority individuals and older

individuals residing in rural areas’’ and inserting ‘‘(with

particular attention to low-income older individuals,

including low-income minority older individuals, older

individuals with limited English proficiency, and older

individuals residing in rural areas)’’; and

120 STAT. 2540 PUBLIC LAW 109–365—OCT. 17, 2006

(B) in subparagraph (G), by striking the period and

inserting ‘‘; and’’; and

(3) by adding at the end the following:

‘‘(3) the State agency shall, consistent with this section,

promote the development and implementation of a State system

of long-term care that is a comprehensive, coordinated system

that enables older individuals to receive long-term care in home

and community-based settings, in a manner responsive to the

needs and preferences of the older individuals and their family

caregivers, by—

‘‘(A) collaborating, coordinating, and consulting with

other agencies in such State responsible for formulating,

implementing, and administering programs, benefits, and

services related to providing long-term care;

‘‘(B) participating in any State government activities

concerning long-term care, including reviewing and commenting on any State rules, regulations, and policies

related to long-term care;

‘‘(C) conducting analyses and making recommendations

with respect to strategies for modifying the State system

of long-term care to better—

‘‘(i) respond to the needs and preferences of older

individuals and family caregivers;

‘‘(ii) facilitate the provision, by service providers,

of long-term care in home and community-based settings; and

‘‘(iii) target services to individuals at risk for

institutional placement, to permit such individuals to

remain in home and community-based settings;

‘‘(D) implementing (through area agencies on aging,

service providers, and such other entities as the State

determines to be appropriate) evidence-based programs to

assist older individuals and their family caregivers in

learning about and making behavioral changes intended

to reduce the risk of injury, disease, and disability among

older individuals; and

‘‘(E) providing for the availability and distribution

(through public education campaigns, Aging and Disability

Resource Centers, area agencies on aging, and other appropriate means) of information relating to—

‘‘(i) the need to plan in advance for long-term care;

and

‘‘(ii) the full range of available public and private

long-term care (including integrated long-term care)

programs, options, service providers, and resources.’’.

SEC. 306. AREA PLANS.

Section 306 of the Older Americans Act of 1965 (42 U.S.C.

3026) is amended—

(1) in subsection (a)—

(A) in paragraph (1)—

(i) by striking ‘‘(with particular attention to lowincome minority individuals and older individuals

residing in rural areas)’’ and inserting ‘‘(with particular

attention to low-income older individuals, including

PUBLIC LAW 109–365—OCT. 17, 2006 120 STAT. 2541

low-income minority older individuals, older individuals with limited English proficiency, and older individuals residing in rural areas)’’;

(ii) by striking ‘‘(with particular attention to lowincome minority individuals)’’ and inserting ‘‘(with particular attention to low-income older individuals,

including low-income minority older individuals, older

individuals with limited English proficiency, and older

individuals residing in rural areas)’’; and

(iii) by inserting ‘‘the number of older individuals

at risk for institutional placement residing in such

area,’’ after ‘‘individuals) residing in such area,’’;

(B) in paragraph (2)(A)—

(i) by inserting after ‘‘transportation,’’ the following: ‘‘health services (including mental health services),’’; and

(ii) by inserting after ‘‘information and assistance’’

the following: ‘‘(which may include information and

assistance to consumers on availability of services

under part B and how to receive benefits under and

participate in publicly supported programs for which

the consumer may be eligible)’’;

(C) in paragraph (4)—

(i) in subparagraph (A)—

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

‘‘(i)(I) provide assurances that the area agency on aging

will—

‘‘(aa) set specific objectives, consistent with State

policy, for providing services to older individuals with

greatest economic need, older individuals with greatest

social need, and older individuals at risk for institutional

placement;

‘‘(bb) include specific objectives for providing services

to low-income minority older individuals, older individuals

with limited English proficiency, and older individuals

residing in rural areas; and

‘‘(II) include proposed methods to achieve the objectives

described in items (aa) and (bb) of subclause (I);’’; and

(II) in clause (ii), by inserting ‘‘, older individuals with limited English proficiency,’’ after ‘‘lowincome minority individuals’’ each place it appears;

and

(ii) in subparagraph (B)—

(I) by moving the left margin of each of

subparagraph (B), clauses (i) and (ii), and subclauses (I) through (VI) of clause (i), 2 ems to

the left; and

(II) in clause (i)—

(aa) in subclause (V), by striking ‘‘with

limited English-speaking ability; and’’ and

inserting ‘‘with limited English proficiency;’’;

(bb) in subclause (VI), by striking ‘‘or

related’’ and inserting ‘‘and related’’; and

(cc) by adding at the end the following:

‘‘(VII) older individuals at risk for institutional

placement; and’’;

120 STAT. 2542 PUBLIC LAW 109–365—OCT. 17, 2006

(D) in paragraph (5), by inserting ‘‘and individuals

at risk for institutional placement’’ after ‘‘severe disabilities’’;

(E) in paragraph (6)—

(i) in subparagraph (C)—

(I) in clause (i), by striking ‘‘and’’ at the end;

(II) in clause (ii), by adding ‘‘and’’ at the end;

and

(III) by inserting after clause (ii) the following:

‘‘(iii) make use of trained volunteers in providing direct

services delivered to older individuals and individuals with

disabilities needing such services and, if possible, work

in coordination with organizations that have experience

in providing training, placement, and stipends for volunteers or participants (such as organizations carrying out

Federal service programs administered by the Corporation

for National and Community Service), in community service

settings;’’;

(ii) in subparagraph (D)—

(I) by inserting ‘‘family caregivers of such

individuals,’’ after ‘‘Act,’’; and

(II) by inserting ‘‘service providers, representatives of the business community,’’ after ‘‘individuals,’’; and

(iii) by amending subparagraph (F) to read as follows:

‘‘(F) in coordination with the State agency and with

the State agency responsible for mental health services,

increase public awareness of mental health disorders,

remove barriers to diagnosis and treatment, and coordinate

mental health services (including mental health screenings)

provided with funds expended by the area agency on aging

with mental health services provided by community health

centers and by other public agencies and nonprofit private

organizations;’’;

(F) in paragraph (7), to read as follows:

‘‘(7) provide that the area agency on aging shall, consistent

with this section, facilitate the area-wide development and

implementation of a comprehensive, coordinated system for providing long-term care in home and community-based settings,

in a manner responsive to the needs and preferences of older

individuals and their family caregivers, by—

‘‘(A) collaborating, coordinating activities, and consulting with other local public and private agencies and

organizations responsible for administering programs,

benefits, and services related to providing long-term care;

‘‘(B) conducting analyses and making recommendations

with respect to strategies for modifying the local system

of long-term care to better—

‘‘(i) respond to the needs and preferences of older

individuals and family caregivers;

‘‘(ii) facilitate the provision, by service providers,

of long-term care in home and community-based settings; and

‘‘(iii) target services to older individuals at risk

for institutional placement, to permit such individuals

to remain in home and community-based settings;

PUBLIC LAW 109–365—OCT. 17, 2006 120 STAT. 2543

‘‘(C) implementing, through the agency or service providers, evidence-based programs to assist older individuals

and their family caregivers in learning about and making

behavioral changes intended to reduce the risk of injury,

disease, and disability among older individuals; and

‘‘(D) providing for the availability and distribution

(through public education campaigns, Aging and Disability

Resource Centers, the area agency on aging itself, and

other appropriate means) of information relating to—

‘‘(i) the need to plan in advance for long-term care;

and

‘‘(ii) the full range of available public and private

long-term care (including integrated long-term care)

programs, options, service providers, and resources;’’;

(G) by striking paragraph (14) and the 2 paragraphs

(15);

(H) by redesignating paragraph (16) as paragraph (14);

and

(I) by adding at the end the following:

‘‘(15) provide assurances that funds received under this

title will be used—

‘‘(A) to provide benefits and services to older individuals, giving priority to older individuals identified in paragraph (4)(A)(i); and

‘‘(B) in compliance with the assurances specified in

paragraph (13) and the limitations specified in section 212;

‘‘(16) provide, to the extent feasible, for the furnishing

of services under this Act, consistent with self-directed care;

and

‘‘(17) include information detailing how the area agency

on aging will coordinate activities, and develop long-range emergency preparedness plans, with local and State emergency

response agencies, relief organizations, local and State governments, and any other institutions that have responsibility for

disaster relief service delivery.’’;

(2) by redesignating subsections (b), (c), (d), and (e) as

subsections (c), (d), (e), and (f); and

(3) by inserting after subsection (a) the following:

‘‘(b)(1) An area agency on aging may include in the area plan

an assessment of how prepared the area agency on aging and

service providers in the planning and service area are for any

anticipated change in the number of older individuals during the

10-year period following the fiscal year for which the plan is submitted.

‘‘(2) Such assessment may include—

‘‘(A) the projected change in the number of older individuals

in the planning and service area;

‘‘(B) an analysis of how such change may affect such

individuals, including individuals with low incomes, individuals

with greatest economic need, minority older individuals, older

individuals residing in rural areas, and older individuals with

limited English proficiency;

‘‘(C) an analysis of how the programs, policies, and services

provided by such area agency can be improved, and how

resource levels can be adjusted to meet the needs of the

changing population of older individuals in the planning and

service area; and

120 STAT. 2544 PUBLIC LAW 109–365—OCT. 17, 2006

‘‘(D) an analysis of how the change in the number of individuals age 85 and older in the planning and service area is

expected to affect the need for supportive services.

‘‘(3) An area agency on aging, in cooperation with government

officials, State agencies, tribal organizations, or local entities, may

make recommendations to government officials in the planning

and service area and the State, on actions determined by the

area agency to build the capacity in the planning and service

area to meet the needs of older individuals for—

‘‘(A) health and human services;

‘‘(B) land use;

‘‘(C) housing;

‘‘(D) transportation;

‘‘(E) public safety;

‘‘(F) workforce and economic development;

‘‘(G) recreation;

‘‘(H) education;

‘‘(I) civic engagement;

‘‘(J) emergency preparedness; and

‘‘(K) any other service as determined by such agency.’’.

SEC. 307. STATE PLANS.

Section 307(a) of the Older Americans Act of 1965 (42 U.S.C.

3027(a)) is amended—

(1) in paragraph (2)(C), by striking ‘‘section 306(b)’’ and

inserting ‘‘section 306(c)’’;

(2) in paragraph (4), by striking ‘‘, with particular attention

to low-income minority individuals and older individuals

residing in rural areas’’ and inserting ‘‘(with particular attention to low-income minority older individuals, older individuals

with limited English proficiency, and older individuals residing

in rural areas)’’;

(3) by striking paragraph (15);

(4) by redesignating paragraph (14) as paragraph (15);

(5) by inserting after paragraph (13) the following:

‘‘(14) The plan shall, with respect to the fiscal year preceding the fiscal year for which such plan is prepared—

‘‘(A) identify the number of low-income minority older

individuals in the State, including the number of lowincome minority older individuals with limited English proficiency; and

‘‘(B) describe the methods used to satisfy the service

needs of the low-income minority older individuals

described in subparagraph (A), including the plan to meet

the needs of low-income minority older individuals with

limited English proficiency.’’;

(6) in paragraph (16)(A)—

(A) in clauses (ii) and (iii), by striking ‘‘(with particular

attention to low-income minority individuals and older

individuals residing in rural areas)’’ each place it appears

and inserting ‘‘(with particular attention to low-income

older individuals, including low-income minority older

individuals, older individuals with limited English proficiency, and older individuals residing in rural areas)’’;

and

(B) in clause (vi), by striking ‘‘or related’’ and inserting

‘‘and related’’; and

PUBLIC LAW 109–365—OCT. 17, 2006 120 STAT. 2545

(7) by adding at the end the following:

‘‘(27) The plan shall provide assurances that area agencies

on aging will provide, to the extent feasible, for the furnishing

of services under this Act, consistent with self-directed care.

‘‘(28)(A) The plan shall include, at the election of the State,

an assessment of how prepared the State is, under the State’s

statewide service delivery model, for any anticipated change

in the number of older individuals during the 10-year period

following the fiscal year for which the plan is submitted.

‘‘(B) Such assessment may include—

‘‘(i) the projected change in the number of older individuals in the State;

‘‘(ii) an analysis of how such change may affect such

individuals, including individuals with low incomes,

individuals with greatest economic need, minority older

individuals, older individuals residing in rural areas, and

older individuals with limited English proficiency;

‘‘(iii) an analysis of how the programs, policies, and

services provided by the State can be improved, including

coordinating with area agencies on aging, and how resource

levels can be adjusted to meet the needs of the changing

population of older individuals in the State; and

‘‘(iv) an analysis of how the change in the number

of individuals age 85 and older in the State is expected

to affect the need for supportive services.

‘‘(29) The plan shall include information detailing how the

State will coordinate activities, and develop long-range emergency preparedness plans, with area agencies on aging, local

emergency response agencies, relief organizations, local governments, State agencies responsible for emergency preparedness,

and any other institutions that have responsibility for disaster

relief service delivery.

‘‘(30) The plan shall include information describing the

involvement of the head of the State agency in the development,

revision, and implementation of emergency preparedness plans,

including the State Public Health Emergency Preparedness

and Response Plan.’’.

SEC. 308. PAYMENTS.

Section 309(b)(2) of the Older Americans Act of 1965 (42 U.S.C.

3029(b)(2)) is amended by striking ‘‘the non-Federal share required

prior to fiscal year 1981’’ and inserting ‘‘10 percent of the cost

of the services specified in such section 304(d)(1)(D)’’.

SEC. 309. NUTRITION SERVICES INCENTIVE PROGRAM.

Section 311 of the Older Americans Act of 1965 (42 U.S.C.

3030a) is amended—

(1) in subsection (b), by adding at the end the following:

‘‘(3) State agencies that elect to make grants and enter into

contracts for purposes of this section shall promptly and equitably

disburse amounts received under this subsection to the recipients

of the grants and contracts.’’;

(2) in subsection (c)—

(A) in paragraph (1), by inserting ‘‘(including bonus

commodities)’’ after ‘‘commodities’’;

(B) in paragraph (2), by inserting ‘‘(including bonus

commodities)’’ after ‘‘commodities’’;

Grants.

Contracts.

120 STAT. 2546 PUBLIC LAW 109–365—OCT. 17, 2006

(C) in paragraph (3), by inserting ‘‘(including bonus

commodities)’’ after ‘‘products’’; and

(D) by adding at the end the following:

‘‘(4) Among the commodities provided under this subsection,

the Secretary of Agriculture shall give special emphasis to foods

of high nutritional value to support the health of older individuals.

The Secretary of Agriculture, in consultation with the Assistant

Secretary, is authorized to prescribe the terms and conditions

respecting the provision of commodities under this subsection.’’;

(3) in subsection (d), to read as follows:

‘‘(d)(1) Amounts provided under subsection (b) shall be available

only for the purchase, by State agencies, recipients of grants and

contracts from the State agencies (as applicable), and title VI

grantees, of United States agricultural commodities and other foods

for their respective nutrition projects, subject to paragraph (2).

‘‘(2) An entity specified in paragraph (1) may, at the option

of such entity, use part or all of the amounts received by the

entity under subsection (b) to pay a school food authority (within

the meaning of the Richard B. Russell National School Lunch

Act (42 U.S.C. 1751 et seq.)) to obtain United States agricultural

commodities for such entity’s nutrition projects, in accordance with

an agreement between the entity and the school food authority,

under which such payments—

‘‘(A) shall cover the cost of such commodities; and

‘‘(B) may cover related expenses incurred by the school

food authority, including the cost of transporting, distributing,

processing, storing, and handling such commodities.’’;

(4) in subsection (e), by striking ‘‘2001’’ and inserting

‘‘2007’’; and

(5) in subsection (f)—

(A) in the matter preceding paragraph (1), by striking

‘‘the Secretary of Agriculture and the Secretary of Health

and Human Services’’ and inserting ‘‘the Assistant Secretary and the Secretary of Agriculture’’; and

(B) by striking paragraphs (1) and (2) and inserting

the following:

‘‘(1) school food authorities participating in programs

authorized under the Richard B. Russell National School Lunch

Act within the geographic area served by each such State

agency, area agency on aging, and provider; and

‘‘(2) the foods available to such State agencies, area agencies on aging, and providers under subsection (c).’’.

SEC. 310. CONSUMER CONTRIBUTIONS.

Section 315 of the Older Americans Act of 1965 (42 U.S.C.

3030c–2) is amended—

(1) in subsection (b)—

(A) in paragraph (1)—

(i) by striking ‘‘provided that’’ and inserting ‘‘if’’;

and

(ii) by adding at the end the following: ‘‘Such contributions shall be encouraged for individuals whose

self-declared income is at or above 185 percent of the

poverty line, at contribution levels based on the actual

cost of services.’’; and

Commodities.

PUBLIC LAW 109–365—OCT. 17, 2006 120 STAT. 2547

(B) in paragraph (4)(E), by inserting ‘‘and to supplement (not supplant) funds received under this Act’’ after

‘‘given’’;

(2) in subsection (c)(2), by striking ‘‘(with particular attention to low-income minority individuals and older individuals

residing in rural areas)’’ and inserting ‘‘(with particular attention to low-income older individuals, including low-income

minority older individuals, older individuals with limited

English proficiency, and older individuals residing in rural

areas)’’; and

(3) in subsection (d), by striking ‘‘with particular attention

to low-income and minority older individuals and older individuals residing in rural areas’’ and inserting ‘‘(with particular

attention to low-income older individuals, including low-income

minority older individuals, older individuals with limited

English proficiency, and older individuals residing in rural

areas)’’.

SEC. 311. SUPPORTIVE SERVICES AND SENIOR CENTERS.

Section 321(a) of the Older Americans Act of 1965 (42 U.S.C.

3030d(a)) is amended—

(1) in paragraph (8), by inserting ‘‘(including mental health

screening)’’ after ‘‘screening’’;

(2) in paragraph (11), by striking ‘‘services’’ and inserting

‘‘provision of services and assistive devices (including provision

of assistive technology services and assistive technology

devices)’’;

(3) in paragraph (14)(B) by inserting ‘‘(including mental

health)’’ after ‘‘health’’;

(4) in paragraph (21)—

(A) by striking ‘‘school-age children’’ and inserting ‘‘students’’; and

(B) by inserting ‘‘services for older individuals with

limited English proficiency and’’ after ‘‘including’’;

(5) in paragraph (22) by striking the period at the end

and inserting a semicolon;

(6) by redesignating paragraph (23) as paragraph (25);

and

(7) by inserting after paragraph (22) the following:

‘‘(23) services designed to support States, area agencies

on aging, and local service providers in carrying out and coordinating activities for older individuals with respect to mental

health services, including outreach for, education concerning,

and screening for such services, and referral to such services

for treatment;

‘‘(24) activities to promote and disseminate information

about life-long learning programs, including opportunities for

distance learning; and’’.

SEC. 312. NUTRITION SERVICE.

After the part heading of part C of title III of the Older

Americans Act of 1965 (42 U.S.C. 3030e et seq.), insert the following:

‘‘SEC. 330. PURPOSES.

‘‘The purposes of this part are—

‘‘(1) to reduce hunger and food insecurity;

‘‘(2) to promote socialization of older individuals; and

42 USC

3030d–21.

120 STAT. 2548 PUBLIC LAW 109–365—OCT. 17, 2006

‘‘(3) to promote the health and well-being of older individuals by assisting such individuals to gain access to nutrition

and other disease prevention and health promotion services

to delay the onset of adverse health conditions resulting from

poor nutritional health or sedentary behavior.’’.

SEC. 313. CONGREGATE NUTRITION PROGRAM.

Section 331 of the Older Americans Act of 1965 (42 U.S.C.

3030e) is amended—

(1) by striking ‘‘projects—’’ and inserting ‘‘projects

that—’’;

(2) in paragraph (1), by striking ‘‘which,’’;

(3) in paragraph (2), by striking ‘‘which’’; and

(4) by striking paragraph (3), and inserting the following:

‘‘(3) provide nutrition education, nutrition counseling, and

other nutrition services, as appropriate, based on the needs

of meal participants.’’.

SEC. 314. HOME DELIVERED NUTRITION SERVICES.

Section 336 of the Older Americans Act of 1965 (42 U.S.C.

3030f) is amended to read as follows:

‘‘SEC. 336. PROGRAM AUTHORIZED.

‘‘The Assistant Secretary shall establish and carry out a program to make grants to States under State plans approved under

section 307 for the establishment and operation of nutrition projects

for older individuals that provide—

‘‘(1) on 5 or more days a week (except in a rural area

where such frequency is not feasible (as defined by the Assistant

Secretary by rule) and a lesser frequency is approved by the

State agency) at least 1 home delivered meal per day, which

may consist of hot, cold, frozen, dried, canned, fresh, or supplemental foods and any additional meals that the recipient of

a grant or contract under this subpart elects to provide; and

‘‘(2) nutrition education, nutrition counseling, and other

nutrition services, as appropriate, based on the needs of meal

recipients.’’.

SEC. 315. CRITERIA.

Section 337 of the Older Americans Act of 1965 (42 U.S.C.

3030g) is amended to read as follows:

‘‘SEC. 337. CRITERIA.

‘‘The Assistant Secretary, in consultation with recognized

experts in the fields of nutrition science, dietetics, meal planning

and food service management, and aging, shall develop minimum

criteria of efficiency and quality for the furnishing of home delivered

meal services for projects described in section 336.’’.

SEC. 316. NUTRITION.

Section 339 of the Older Americans Act of 1965 (42 U.S.C.

3030g–21) is amended—

(1) in paragraph (1), to read as follows:

‘‘(1) solicit the expertise of a dietitian or other individual

with equivalent education and training in nutrition science,

or if such an individual is not available, an individual with

comparable expertise in the planning of nutritional services,

and’’; and

(2) in paragraph (2)—

Grants.

PUBLIC LAW 109–365—OCT. 17, 2006 120 STAT. 2549

(A) in subparagraph (A)—

(i) in clause (i), to read as follows:

‘‘(i) comply with the most recent Dietary Guidelines

for Americans, published by the Secretary and the

Secretary of Agriculture, and’’; and

(ii) in clause (ii)(I), by striking ‘‘daily recommended

dietary allowances as’’ and inserting ‘‘dietary reference

intakes’’;

(B) in subparagraph (D), by inserting ‘‘joint’’ after

‘‘encourages’’;

(C) in subparagraph (G), to read as follows:

‘‘(G) ensures that meal providers solicit the advice and

expertise of—

‘‘(i) a dietitian or other individual described in

paragraph (1),

‘‘(ii) meal participants, and

‘‘(iii) other individuals knowledgeable with regard

to the needs of older individuals,’’;

(D) in subparagraph (H), by striking ‘‘and accompany’’;

(E) in subparagraph (I), by striking ‘‘and’’ at the end;

and

(F) by striking subparagraph (J) and inserting the

following:

‘‘(J) provides for nutrition screening and nutrition education, and nutrition assessment and counseling if appropriate, and

‘‘(K) encourages individuals who distribute nutrition

services under subpart 2 to provide, to homebound older

individuals, available medical information approved by

health care professionals, such as informational brochures

and information on how to get vaccines, including vaccines

for influenza, pneumonia, and shingles, in the individuals’

communities.’’.

SEC. 317. STUDY OF NUTRITION PROJECTS.

(a) STUDY.—

(1) IN GENERAL.—The Assistant Secretary for Aging shall

use funds allocated in section 206(g) of the Older Americans

Act of 1965 (42 U.S.C. 3017(g)) to enter into a contract with

the Food and Nutrition Board of the Institute of Medicine

of the National Academy of Sciences, for the purpose of establishing an independent panel of experts that will conduct an

evidence-based study of the nutrition projects authorized by

such Act.

(2) STUDY.—Such study shall, to the extent data are available, include—

(A) an evaluation of the effect of the nutrition projects

authorized by such Act on—

(i) improvement of the health status, including

nutritional status, of participants in the projects;

(ii) prevention of hunger and food insecurity of

the participants; and

(iii) continuation of the ability of the participants

to live independently;

(B) a cost-benefit analysis of nutrition projects authorized by such Act, including the potential to affect costs

Contracts.

120 STAT. 2550 PUBLIC LAW 109–365—OCT. 17, 2006

of the Medicaid program under title XIX of the Social

Security Act (42 U.S.C. 1396 et seq.); and

(C) an analysis of how and recommendations for how

nutrition projects authorized by such Act may be modified

to improve the outcomes described in subparagraph (A),

including recommendations for improving the nutritional

quality of the meals provided through the projects and

undertaking other potential strategies to improve the nutritional status of the participants.

(b) REPORTS.—

(1) REPORT TO THE ASSISTANT SECRETARY.—The panel

described in subsection (a)(1) shall submit to the Assistant

Secretary a report containing the results of the evidence-based

study described in subsection (a), including any recommendations described in subsection (a)(2)(C).

(2) REPORT TO CONGRESS.—The Assistant Secretary shall

submit a report containing the results described in paragraph

(1) to the Committee on Education and the Workforce of the

House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate.

SEC. 318. SENSE OF CONGRESS RECOGNIZING THE CONTRIBUTION

OF NUTRITION TO THE HEALTH OF OLDER ADULTS.

(a) FINDINGS.—Congress finds that—

(1) good nutrition is vital to good health, and a diet based

on the Dietary Guidelines for Americans may reduce the risk

of chronic diseases such as cardiovascular disease, osteoporosis,

diabetes, macular degeneration, and cancer;

(2) the American Dietetic Association and the American

Academy of Family Physicians have estimated that the percentage of older adults who are malnourished is estimated at 20

to 60 percent for those who are in home care and at 40 to

85 percent for those who are in nursing homes;

(3) the Institute of Medicine of the National Academy of

Sciences has estimated that approximately 40 percent of

community-residing persons age 65 and older have inadequate

nutrient intakes;

(4) older adults are susceptible to nutrient deficiencies for

a number of reasons, including a reduced capacity to absorb

and utilize nutrients, difficulty chewing, and loss of appetite;

(5) while diet is the preferred source of nutrition, evidence

suggests that the use of a single daily multivitamin-mineral

supplement may be an effective way to address nutritional

gaps that exist among the elderly population, especially the

poor; and

(6) the Dietary Guidelines for Americans state that multivitamin-mineral supplements may be useful when they fill a

specific identified nutrient gap that cannot be or is not otherwise being met by the individual’s intake of food.

(b) SENSE OF CONGRESS.—It is the sense of Congress that—

(1) meal programs funded by the Older Americans Act

of 1965 contribute to the nutritional health of older adults;

(2) when the nutritional needs of older adults are not

fully met by diet, use of a single, daily multivitamin-mineral

supplement may help prevent nutrition deficiencies common

in many older adults;

PUBLIC LAW 109–365—OCT. 17, 2006 120 STAT. 2551

(3) use of a single, daily multivitamin-mineral supplement

can be a safe and inexpensive strategy to help ensure the

nutritional health of older adults; and

(4) nutrition service providers under the Older Americans

Act of 1965 should consider whether individuals participating

in congregate and home-delivered meal programs would benefit

from a single, daily multivitamin-mineral supplement that is

in compliance with all applicable government quality standards

and provides at least 2⁄3 of the essential vitamins and minerals

at 100 percent of the daily value levels as determined by

the Commissioner of Food and Drugs.

SEC. 319. IMPROVING INDOOR AIR QUALITY IN BUILDINGS WHERE

OLDER INDIVIDUALS CONGREGATE.

Section 361 of the Older Americans Act of 1965 (42 U.S.C.

3030m) is amended by adding at the end the following:

‘‘(c) The Assistant Secretary shall work in consultation with

qualified experts to provide information on methods of improving

indoor air quality in buildings where older individuals congregate.’’.

SEC. 320. CAREGIVER SUPPORT PROGRAM DEFINITIONS.

Section 372 of the National Family Caregiver Support Act

(42 U.S.C. 3030s) is amended—

(1) in paragraph (1), by inserting ‘‘or who is an individual

with a disability’’ after ‘‘age’’;

(2) in paragraph (3)—

(A) by striking ‘‘a child by blood or marriage’’ and

inserting ‘‘a child by blood, marriage, or adoption’’; and

(B) by striking ‘‘60’’ and inserting ‘‘55’’;

(3) by inserting before ‘‘In this subpart’’ the following: ‘‘(a)

IN GENERAL.—’’;

(4) by striking paragraph (2);

(5) by redesignating paragraph (3) as paragraph (2);

(6) by adding at the end the following:

‘‘(b) RULE.—In providing services under this subpart—

‘‘(1) for family caregivers who provide care for individuals

with Alzheimer’s disease and related disorders with neurological and organic brain dysfunction, the State involved shall

give priority to caregivers who provide care for older individuals

with such disease or disorder; and

‘‘(2) for grandparents or older individuals who are relative

caregivers, the State involved shall give priority to caregivers

who provide care for children with severe disabilities.’’.

SEC. 321. CAREGIVER SUPPORT PROGRAM.

Section 373 of the National Family Caregiver Support Act

(42 U.S.C. 3030s–1) is amended—

(1) in subsection (b)(3), by striking ‘‘caregivers to assist’’

and all that follows through the end and inserting the following:

‘‘assist the caregivers in the areas of health, nutrition, and

financial literacy, and in making decisions and solving problems

relating to their caregiving roles;’’;

(2) in subsection (c)—

(A) in paragraph (1)(B), by striking ‘‘subparagraph

(A)(i) or (B) of section 102(28)’’ and inserting ‘‘subparagraph

(A)(i) or (B) of section 102(22)’’; and

(B) by striking paragraph (2) and inserting the following:

120 STAT. 2552 PUBLIC LAW 109–365—OCT. 17, 2006

‘‘(2) PRIORITY.—In providing services under this subpart,

the State, in addition to giving the priority described in section

372(b), shall give priority—

‘‘(A) to caregivers who are older individuals with

greatest social need, and older individuals with greatest

economic need (with particular attention to low-income

older individuals); and

‘‘(B) to older individuals providing care to individuals

with severe disabilities, including children with severe

disabilities.’’;

(3) in subsection (d), to read as follows:

‘‘(d) USE OF VOLUNTEERS.—In carrying out this subpart, each

area agency on aging shall make use of trained volunteers to

expand the provision of the available services described in subsection (b) and, if possible, work in coordination with organizations

that have experience in providing training, placement, and stipends

for volunteers or participants (such as organizations carrying out

Federal service programs administered by the Corporation for

National and Community Service), in community service settings.’’;

(4) in subsection (e)(3), by adding at the end the following:

‘‘The reports shall describe any mechanisms used in the State

to provide to persons who are family caregivers, or grandparents

or older individuals who are relative caregivers, information

about and access to various services so that the persons can

better carry out their care responsibilities.’’;

(5) in subsection (f)(1), by striking ‘‘2001 through 2005’’

and inserting ‘‘2007, 2008, 2009, 2010, and 2011’’; and

(6) in subsection (g)(2)(C), by inserting ‘‘of a child who

is not more than 18 years of age’’ before the period at the

end.

SEC. 322. NATIONAL INNOVATION.

Subpart 2 of part E of title III of the Older Americans Act

of 1965 (42 U.S.C. 3030s–11 et seq.) is repealed.

TITLE IV—ACTIVITIES FOR HEALTH,

INDEPENDENCE, AND LONGEVITY

SEC. 401. TITLE.

The Older Americans Act of 1965 is amended by inserting

before section 401 (42 U.S.C. 3031) the following:

‘‘TITLE IV—ACTIVITIES FOR HEALTH,

INDEPENDENCE, AND LONGEVITY’’.

SEC. 402. GRANT PROGRAMS.

Section 411 of the Older Americans Act of 1965 (42 U.S.C.

3032) is amended—

(1) in subsection (a)—

(A) in paragraph (8), by striking ‘‘and’’ at the end;

(B) by redesignating paragraph (9) as paragraph (13);

and

(C) by inserting after paragraph (8) the following:

42 USC

3030s–11,

3030s–12.

Reports.

PUBLIC LAW 109–365—OCT. 17, 2006 120 STAT. 2553

‘‘(9) planning activities to prepare communities for the

aging of the population, which activities may include—

‘‘(A) efforts to assess the aging population;

‘‘(B) activities to coordinate the activities of State and

local agencies in order to meet the needs of older individuals; and

‘‘(C) training and technical assistance to support

States, area agencies on aging, and organizations receiving

grants under title VI, in engaging in community planning

activities;

‘‘(10) the development, implementation, and assessment

of technology-based service models and best practices, to support the use of health monitoring and assessment technologies,

communication devices, assistive technologies, and other technologies that may remotely connect family and professional

caregivers to frail older individuals residing in home and

community-based settings or rural areas;

‘‘(11) conducting activities of national significance to promote quality and continuous improvement in the support provided to family and other informal caregivers of older individuals through activities that include program evaluation,

training, technical assistance, and research, including—

‘‘(A) programs addressing unique issues faced by rural

caregivers;

‘‘(B) programs focusing on the needs of older individuals with cognitive impairment such as Alzheimer’s disease

and related disorders with neurological and organic brain

dysfunction, and their caregivers; and

‘‘(C) programs supporting caregivers in the role they

play in providing disease prevention and health promotion

services;

‘‘(12) building public awareness of cognitive impairments

such as Alzheimer’s disease and related disorders with neurological and organic brain dysfunction, depression, and mental

disorders; and’’; and

(2) in subsection (b), by striking ‘‘year’’ and all that follows

through ‘‘years’’ and inserting ‘‘years 2007, 2008, 2009, 2010,

and 2011’’.

SEC. 403. CAREER PREPARATION FOR THE FIELD OF AGING.

Section 412(a) of the Older Americans Act of 1965 (42 U.S.C.

3032a(a)) is amended to read as follows:

‘‘(a) GRANTS.—The Assistant Secretary shall make grants to

institutions of higher education, including historically Black colleges

or universities, Hispanic-serving institutions, and Hispanic Centers

of Excellence in Applied Gerontology, to provide education and

training that prepares students for careers in the field of aging.’’.

SEC. 404. HEALTH CARE SERVICE DEMONSTRATION PROJECTS IN

RURAL AREAS.

Section 414 of the Older Americans Act of 1965 (42 U.S.C.

3032c) is amended—

(1) in subsection (a), by inserting ‘‘mental health services,’’

after ‘‘care,’’; and

(2) in subsection (b)(1)(B)(i), by inserting ‘‘mental health,’’

after ‘‘health,’’.

Minorities.

120 STAT. 2554 PUBLIC LAW 109–365—OCT. 17, 2006

SEC. 405. TECHNICAL ASSISTANCE AND INNOVATION TO IMPROVE

TRANSPORTATION FOR OLDER INDIVIDUALS.

Section 416 of the Older Americans Act of 1965 (42 U.S.C.

3032e) is amended to read as follows:

‘‘SEC. 416. TECHNICAL ASSISTANCE AND INNOVATION TO IMPROVE

TRANSPORTATION FOR OLDER INDIVIDUALS.

‘‘(a) IN GENERAL.—The Secretary may award grants or contracts

to nonprofit organizations to improve transportation services for

older individuals.

‘‘(b) USE OF FUNDS.—

‘‘(1) IN GENERAL.—A nonprofit organization receiving a

grant or contract under subsection (a) shall use the funds

received through such grant or contract to carry out a demonstration project, or to provide technical assistance to assist

local transit providers, area agencies on aging, senior centers,

and local senior support groups, to encourage and facilitate

coordination of Federal, State, and local transportation services

and resources for older individuals. The organization may use

the funds to develop and carry out an innovative transportation

demonstration project to create transportation services for older

individuals.

‘‘(2) SPECIFIC ACTIVITIES.—In carrying out a demonstration

project or providing technical assistance under paragraph (1)

the organization may carry out activities that include—

‘‘(A) developing innovative approaches for improving

access by older individuals to transportation services,

including volunteer driver programs, economically sustainable transportation programs, and programs that allow

older individuals to transfer their automobiles to a provider

of transportation services in exchange for the services;

‘‘(B) preparing information on transportation options

and resources for older individuals and organizations

serving such individuals, and disseminating the information by establishing and operating a toll-free telephone

number;

‘‘(C) developing models and best practices for providing

comprehensive integrated transportation services for older

individuals, including services administered by the Secretary of Transportation, by providing ongoing technical

assistance to agencies providing services under title III

and by assisting in coordination of public and community

transportation services; and

‘‘(D) providing special services to link older individuals

to transportation services not provided under title III.

‘‘(c) ECONOMICALLY SUSTAINABLE TRANSPORTATION.—In this

section, the term ‘economically sustainable transportation’ means

demand responsive transportation for older individuals—

‘‘(1) that may be provided through volunteers; and

‘‘(2) that the provider will provide without receiving Federal

or other public financial assistance, after a period of not more

than 5 years of providing the services under this section.’’.

PUBLIC LAW 109–365—OCT. 17, 2006 120 STAT. 2555

SEC. 406. DEMONSTRATION, SUPPORT, AND RESEARCH PROJECTS FOR

MULTIGENERATIONAL ACTIVITIES AND CIVIC ENGAGEMENT ACTIVITIES.

Section 417 of the Older Americans Act of 1965 (42 U.S.C.

3032f) is amended to read as follows:

‘‘SEC. 417. DEMONSTRATION, SUPPORT, AND RESEARCH PROJECTS

FOR MULTIGENERATIONAL AND CIVIC ENGAGEMENT

ACTIVITIES.

‘‘(a) GRANTS AND CONTRACTS.—The Assistant Secretary shall

award grants and enter into contracts with eligible organizations

to carry out projects to—

‘‘(1) provide opportunities for older individuals to participate in multigenerational activities and civic engagement activities designed to meet critical community needs, and use the

full range of time, skills, and experience of older individuals,

including demonstration and support projects that—

‘‘(A) provide support for grandparents and other older

individuals who are relative caregivers raising children

(such as kinship navigator programs); or

‘‘(B) involve volunteers who are older individuals who

provide support and information to families who have a

child with a disability or chronic illness, or other families

in need of such family support; and

‘‘(2) coordinate multigenerational activities and civic

engagement activities, promote volunteerism, and facilitate

development of and participation in multigenerational activities

and civic engagement activities.

‘‘(b) USE OF FUNDS.—An eligible organization shall use funds

made available under a grant awarded, or a contract entered into,

under this section to—

‘‘(1) carry out a project described in subsection (a); and

‘‘(2) evaluate the project in accordance with subsection

(f).

‘‘(c) PREFERENCE.—In awarding grants and entering into contracts to carry out a project described in subsection (a), the Assistant

Secretary shall give preference to—

‘‘(1) eligible organizations with a demonstrated record of

carrying out multigenerational activities or civic engagement

activities;

‘‘(2) eligible organizations proposing multigenerational

activity projects that will serve older individuals and communities with the greatest need (with particular attention to lowincome minority individuals, older individuals with limited

English proficiency, older individuals residing in rural areas,

and low-income minority communities);

‘‘(3) eligible organizations proposing civic engagement

projects that will serve communities with the greatest need;

and

‘‘(4) eligible organizations with the capacity to develop

meaningful roles and assignments that use the time, skills,

and experience of older individuals to serve public and nonprofit

organizations.

‘‘(d) APPLICATION.—To be eligible to receive a grant or enter

into a contract under subsection (a), an organization shall submit

an application to the Assistant Secretary at such time, in such

120 STAT. 2556 PUBLIC LAW 109–365—OCT. 17, 2006

manner, and accompanied by such information as the Assistant

Secretary may reasonably require.

‘‘(e) ELIGIBLE ORGANIZATIONS.—Organizations eligible to receive

a grant or enter into a contract under subsection (a)—

‘‘(1) to carry out activities described in subsection (a)(1),

shall be organizations that provide opportunities for older

individuals to participate in activities described in subsection

(a)(1); and

‘‘(2) to carry out activities described in subsection (a)(2),

shall be organizations with the capacity to conduct the coordination, promotion, and facilitation described in subsection (a)(2),

through the use of multigenerational coordinators.

‘‘(f) LOCAL EVALUATION AND REPORT.—

‘‘(1) EVALUATION.—Each organization receiving a grant or

a contract under subsection (a) to carry out a project described

in subsection (a) shall evaluate the multigenerational activities

or civic engagement activities carried out under the project

to determine—

‘‘(A) the effectiveness of the activities involved;

‘‘(B) the impact of such activities on the community

being served and the organization providing the activities;

and

‘‘(C) the impact of such activities on older individuals

involved in such project.

‘‘(2) REPORT.—The organization shall submit a report to

the Assistant Secretary containing the evaluation not later

than 6 months after the expiration of the period for which

the grant or contract is in effect.

‘‘(g) REPORT TO CONGRESS.—Not later than 6 months after

the Assistant Secretary receives the reports described in subsection

(f)(2), the Assistant Secretary shall prepare and submit to the

Speaker of the House of Representatives and the President pro

tempore of the Senate a report that assesses the evaluations and

includes, at a minimum—

‘‘(1) the names or descriptive titles of the projects funded

under subsection (a);

‘‘(2) a description of the nature and operation of the

projects;

‘‘(3) the names and addresses of organizations that conducted the projects;

‘‘(4) in the case of projects carried out under subsection

(a)(1), a description of the methods and success of the projects

in recruiting older individuals as employees and as volunteers

to participate in the projects;

‘‘(5) in the case of projects carried out under subsection

(a)(1), a description of the success of the projects in retaining

older individuals participating in the projects as employees

and as volunteers;

‘‘(6) in the case of projects carried out under subsection

(a)(1), the rate of turnover of older individual employees and

volunteers in the projects;

‘‘(7) a strategy for disseminating the findings resulting

from the projects described in paragraph (1); and

‘‘(8) any policy change recommendations relating to the

projects.

‘‘(h) DEFINITIONS.—As used in this section:

PUBLIC LAW 109–365—OCT. 17, 2006 120 STAT. 2557

‘‘(1) MULTIGENERATIONAL ACTIVITY.—The term

‘multigenerational activity’ means an activity that provides an

opportunity for interaction between 2 or more individuals of

different generations, including activities connecting older

individuals and youth in a child care program, a youth day

care program, an educational assistance program, an at-risk

youth intervention program, a juvenile delinquency treatment

program, a before- or after-school program, a library program,

or a family support program.

‘‘(2) MULTIGENERATIONAL COORDINATOR.—The term

‘multigenerational coordinator’ means a person who—

‘‘(A) builds the capacity of public and nonprofit

organizations to develop meaningful roles and assignments,

that use the time, skill, and experience of older individuals

to serve those organizations; and

‘‘(B) nurtures productive, sustainable working relationships between—

‘‘(i) individuals from the generations with older

individuals; and

‘‘(ii) individuals in younger generations.’’.

SEC. 407. NATIVE AMERICAN PROGRAMS.

Section 418(a)(2)(B)(i) of the Older Americans Act of 1965 (42

U.S.C. 3032g(a)(2)(B)(i)) is amended by inserting ‘‘(including mental

health)’’ after ‘‘health’’.

SEC. 408. MULTIDISCIPLINARY CENTERS AND MULTIDISCIPLINARY

SYSTEMS.

Section 419 of the Older Americans Act of 1965 (42 U.S.C.

3032h) is amended—

(1) by striking the title and inserting the following:

‘‘SEC. 419. MULTIDISCIPLINARY CENTERS AND MULTIDISCIPLINARY

SYSTEMS.’’;

(2)(A) in subsection (b)(2), by redesignating subparagraphs

(A) through (G) as clauses (i) through (vii), respectively;

(B) in subsection (c)(2), by redesignating subparagraphs

(A) through (D) as clauses (i) through (iv), respectively; and

(C) by aligning the margins of the clauses described in

subparagraphs (A) and (B) with the margins of clause (iv)

of section 418(a)(2)(A) of such Act;

(3)(A) in subsection (b), by redesignating paragraphs (1)

and (2) as subparagraphs (A) and (B), respectively;

(B) in subsection (c), by redesignating paragraphs (1) and

(2) as subparagraphs (A) and (B), respectively; and

(C) by aligning the margins of the subparagraphs described

in subparagraphs (A) and (B) with the margins of subparagraph

(D) of section 420(a)(1) of such Act;

(4) in subsection (a), by striking ‘‘(a)’’ and all that follows

through ‘‘The’’ and inserting the following:

‘‘(a) MULTIDISCIPLINARY CENTERS.—

‘‘(1) PROGRAM AUTHORIZED.—The’’;

(5) in subsection (b)—

(A) by striking the following:

‘‘(b) USE OF FUNDS.—’’ and inserting the following:

‘‘(2) USE OF FUNDS.—’’; and

(B) by striking ‘‘subsection (a)’’ each place it appears

and inserting ‘‘paragraph (1)’’;

120 STAT. 2558 PUBLIC LAW 109–365—OCT. 17, 2006

(6) in subsection (c)—

(A) by striking the following:

‘‘(c) DATA.—’’ and inserting the following:

‘‘(3) DATA.—’’;

(B) by striking ‘‘subsection (a)’’ and inserting ‘‘paragraph (1)’’;

(C) by striking ‘‘such subsection’’ and inserting ‘‘such

paragraph’’;

(D) by striking ‘‘paragraph (1)’’ and inserting ‘‘subparagraph (A)’’; and

(E) by striking ‘‘this section’’ and inserting ‘‘this subsection’’;

(7) in subsection (a) (as so redesignated)—

(A) in paragraph (1), by inserting ‘‘diverse populations

of older individuals residing in urban communities,’’ after

‘‘minority populations,’’;

(B) in paragraph (2)(B)—

(C)(i) in clause (v), by inserting ‘‘, including information

about best practices in long-term care service delivery,

housing, and transportation’’ before the semicolon at the

end;

(ii) in clause (vi)—

(I) by striking ‘‘consultation and’’;

(II) by inserting ‘‘and other technical assistance’’

after ‘‘information’’; and

(III) by striking ‘‘and’’ at the end;

(iii) in clause (vii), by striking the period at the end

and inserting ‘‘; and’’; and

(iv) by adding at the end the following:

‘‘(viii) provide training and technical assistance to

support the provision of community-based mental

health services for older individuals.’’; and

(8) by adding at the end the following:

‘‘(b) MULTIDISCIPLINARY HEALTH SERVICES IN COMMUNITIES.—

‘‘(1) PROGRAM AUTHORIZED.—The Assistant Secretary shall

make grants to States, on a competitive basis, for the development and operation of—

‘‘(A) systems for the delivery of mental health screening

and treatment services for older individuals who lack access

to such services; and

‘‘(B) programs to—

‘‘(i) increase public awareness regarding the benefits of prevention and treatment of mental disorders

in older individuals;

‘‘(ii) reduce the stigma associated with mental disorders in older individuals and other barriers to the

diagnosis and treatment of the disorders; and

‘‘(iii) reduce age-related prejudice and discrimination regarding mental disorders in older individuals.

‘‘(2) APPLICATION.—To be eligible to receive a grant under

this subsection for a State, a State agency shall submit an

application to the Assistant Secretary at such time, in such

manner, and containing such information as the Assistant Secretary may require.

‘‘(3) STATE ALLOCATION AND PRIORITIES.—A State agency

that receives funds through a grant made under this subsection

shall allocate the funds to area agencies on aging to carry

Grants.

PUBLIC LAW 109–365—OCT. 17, 2006 120 STAT. 2559

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 PRO- VIDERS.—In carrying out this subsection, to more efficiently

and effectively deliver services to older individuals, each area

agency on aging shall—

‘‘(A) coordinate services described in subparagraphs

(A) and (B) of paragraph (1) with such services or similar

or related services of other community agencies, and voluntary organizations; and

‘‘(B) to the greatest extent practicable, integrate outreach and educational activities with such activities of

existing (as of the date of the integration) social service

and health care (including mental health) providers serving

older individuals in the planning and service area involved.

‘‘(5) RELATIONSHIP TO OTHER FUNDING SOURCES.—Funds

made available under this subsection shall supplement, and

not supplant, any Federal, State, and local funds expended

by a State or unit of general purpose local government

(including an area agency on aging) to provide the services

described in subparagraphs (A) and (B) of paragraph (1).

‘‘(6) DEFINITION.—In this subsection, the term ‘mental

health screening and treatment services’ means patient

screening, diagnostic services, care planning and oversight,

therapeutic interventions, and referrals, that are—

‘‘(A) provided pursuant to evidence-based intervention

and treatment protocols (to the extent such protocols are

available) for mental disorders prevalent in older individuals; and

‘‘(B) coordinated and integrated with the services of

social service and health care (including mental health)

providers in an area in order to—

‘‘(i) improve patient outcomes; and

‘‘(ii) ensure, to the maximum extent feasible, the

continuing independence of older individuals who are

residing in the area.’’.

SEC. 409. COMMUNITY INNOVATIONS FOR AGING IN PLACE.

Part A of title IV of the Older Americans Act of 1965 (42

U.S.C. 3031 et seq.) is amended by adding at the end the following:

‘‘SEC. 422. COMMUNITY INNOVATIONS FOR AGING IN PLACE.

‘‘(a) DEFINITIONS.—In this section:

‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible entity’—

‘‘(A) means a nonprofit health or social service

organization, a community-based nonprofit organization,

an area agency on aging or other local government agency,

a tribal organization, or another entity that—

‘‘(i) the Assistant Secretary determines to be appropriate to carry out a project under this part; and

‘‘(ii) demonstrates a record of, and experience in,

providing or administering group and individual health

and social services for older individuals; and

42 USC 3032k.

120 STAT. 2560 PUBLIC LAW 109–365—OCT. 17, 2006

‘‘(B) does not include an entity providing housing under

the congregate housing services program carried out under

section 802 of the Cranston-Gonzalez National Affordable

Housing Act (42 U.S.C. 8011) or the multifamily service

coordinator program carried out under section 202(g) of

the Housing Act of 1959 (12 U.S.C. 1701q(g)).

‘‘(2) NATURALLY OCCURRING RETIREMENT COMMUNITY.—The

term ‘Naturally Occurring Retirement Community’ means a

community with a concentrated population of older individuals,

which may include a residential building, a housing complex,

an area (including a rural area) of single family residences,

or a neighborhood composed of age-integrated housing—

‘‘(A) where—

‘‘(i) 40 percent of the heads of households are older

individuals; or

‘‘(ii) a critical mass of older individuals exists,

based on local factors that, taken in total, allow an

organization to achieve efficiencies in the provision

of health and social services to older individuals living

in the community; and

‘‘(B) that is not an institutional care or assisted living

setting.

‘‘(b) GRANTS.—

‘‘(1) IN GENERAL.—The Assistant Secretary shall make

grants, on a competitive basis, to eligible entities to develop

and carry out model aging in place projects. The projects shall

promote aging in place for older individuals (including such

individuals who reside in Naturally Occurring Retirement

Communities), in order to sustain the independence of older

individuals. A recipient of a grant under this subsection shall

identify innovative strategies for providing, and linking older

individuals to programs and services that provide, comprehensive and coordinated health and social services to sustain the

quality of life of older individuals and support aging in place.

‘‘(2) GRANT PERIODS.—The Assistant Secretary shall make

the grants for periods of 3 years.

‘‘(c) APPLICATIONS.—

‘‘(1) IN GENERAL.—To be eligible to receive a grant under

subsection (b) for a project, an entity shall submit an application

to the Assistant Secretary at such time, in such manner, and

containing such information as the Assistant Secretary may

require.

‘‘(2) CONTENTS.—The application shall include—

‘‘(A) a detailed description of the entity’s experience

in providing services to older individuals in age-integrated

settings;

‘‘(B) a definition of the contiguous service area and

a description of the project area in which the older individuals reside or carry out activities to sustain their wellbeing;

‘‘(C) the results of a needs assessment that identifies—

‘‘(i) existing (as of the date of the assessment)

community-based health and social services available

to individuals residing in the project area;

‘‘(ii) the strengths and gaps of such existing services in the project area;

PUBLIC LAW 109–365—OCT. 17, 2006 120 STAT. 2561

‘‘(iii) the needs of older individuals who reside

in the project area; and

‘‘(iv) services not being delivered that would promote aging in place and contribute to the well-being

of older individuals residing in the project area;

‘‘(D) a plan for the development and implementation

of an innovative model for service coordination and delivery

within the project area;

‘‘(E) a description of how the plan described in subparagraph (D) will enhance existing services described in

subparagraph (C)(i) and support the goal of this section

to promote aging in place;

‘‘(F) a description of proposed actions by the entity

to prevent the duplication of services funded under a provision of this Act, other than this section, and a description

of how the entity will cooperate, and coordinate planning

and services (including any formal agreements), with agencies and organizations that provide publicly supported services for older individuals in the project area, including

the State agency and area agencies on aging with planning

and service areas in the project area;

‘‘(G) an assurance that the entity will seek to establish

cooperative relationships with interested local entities,

including private agencies and businesses that provide

health and social services, housing entities, community

development organizations, philanthropic organizations,

foundations, and other non-Federal entities;

‘‘(H) a description of the entity’s protocol for referral

of residents who may require long-term care services,

including coordination with local agencies, including area

agencies on aging and Aging and Disability Resource Centers that serve as single points of entry to public services;

‘‘(I) a description of how the entity will offer opportunities for older individuals to be involved in the governance,

oversight, and operation of the project;

‘‘(J) an assurance that the entity will submit to the

Assistant Secretary such evaluations and reports as the

Assistant Secretary may require; and

‘‘(K) a plan for long-term sustainability of the project.

‘‘(d) USE OF FUNDS.—

‘‘(1) IN GENERAL.—An eligible entity that receives a grant

under subsection (b) shall use the funds made available through

the grant to—

‘‘(A) ensure access by older individuals in the project

area to community-based health and social services consisting of—

‘‘(i) case management, case assistance, and social

work services;

‘‘(ii) health care management and health care

assistance, including disease prevention and health

promotion services;

‘‘(iii) education, socialization, and recreational

activities; and

‘‘(iv) volunteer opportunities for project participants;

‘‘(B) conduct outreach to older individuals within the

project area; and

120 STAT. 2562 PUBLIC LAW 109–365—OCT. 17, 2006

‘‘(C) develop and implement innovative, comprehensive,

and cost-effective approaches for the delivery and coordination of community-based health and social services,

including those identified in subparagraph (A)(iv), which

may include mental health services, for eligible older

individuals.

‘‘(2) COORDINATION.—An eligible entity receiving a grant

under subsection (b) for a project shall coordinate activities

with organizations providing services funded under title III

to support such services for or facilitate the delivery of such

services to eligible older individuals served by the project.

‘‘(3) PREFERENCE.—In carrying out an aging in place

project, an eligible entity shall, to the extent practicable, serve

a community of low-income individuals and operate or locate

the project and services in or in close proximity to a location

where a large concentration of older individuals has aged in

place and resided, such as a Naturally Occurring Retirement

Community.

‘‘(4) SUPPLEMENT NOT SUPPLANT.—Funds made available

to an eligible entity under subsection (b) shall be used to

supplement, not supplant, any Federal, State, or other funds

otherwise available to the entity to provide health and social

services to eligible older individuals.

‘‘(e) COMPETITIVE GRANTS FOR TECHNICAL ASSISTANCE.—

‘‘(1) GRANTS.—The Assistant Secretary shall (or shall make

a grant, on a competitive basis, to an eligible nonprofit organization, to enable the organization to)—

‘‘(A) provide technical assistance to recipients of grants

under subsection (b); and

‘‘(B) carry out other duties, as determined by the

Assistant Secretary.

‘‘(2) ELIGIBLE ORGANIZATION.—To be eligible to receive a

grant under this subsection, an organization shall be a nonprofit

organization (including a partnership of nonprofit organizations), that—

‘‘(A) has experience and expertise in providing technical

assistance to a range of entities serving older individuals

and experience evaluating and reporting on programs; and

‘‘(B) has demonstrated knowledge of and expertise in

community-based health and social services.

‘‘(3) APPLICATION.—To be eligible to receive a grant under

this subsection, an organization (including a partnership of

nonprofit organizations) shall submit an application to the

Assistant Secretary at such time, in such manner, and containing such information as the Assistant Secretary may

require, including an assurance that the organization will

submit to the Assistant Secretary such evaluations and reports

as the Assistant Secretary may require.

‘‘(f) REPORT.—The Assistant Secretary shall annually prepare

and submit a report to Congress that shall include—

‘‘(1) the findings resulting from the evaluations of the model

projects conducted under this section;

‘‘(2) a description of recommended best practices regarding

carrying out health and social service projects for older individuals aging in place; and

‘‘(3) recommendations for legislative or administrative

action, as the Assistant Secretary determines appropriate.’’.

PUBLIC LAW 109–365—OCT. 17, 2006 120 STAT. 2563

SEC. 410. RESPONSIBILITIES OF ASSISTANT SECRETARY.

Section 432(c)(2)(B) of the Older Americans Act of 1965 (42

U.S.C. 3033a(c)(2)(B)) is amended by inserting ‘‘, including preparing an analysis of such services, projects, and programs, and

of how the evaluation relates to improvements in such services,

projects, and programs and in the strategic plan of the Administration’’ before the period at the end.

TITLE V—OLDER AMERICAN COMMUNITY SERVICE EMPLOYMENT PROGRAM

SEC. 501. COMMUNITY SERVICE SENIOR OPPORTUNITIES ACT.

Title V of the Older Americans Act of 1965 (42 U.S.C. 3056

et seq.) is amended to read as follows:

‘‘TITLE V—COMMUNITY SERVICE

SENIOR OPPORTUNITIES ACT

‘‘SEC. 501. SHORT TITLE.

‘‘This title may be cited as the ‘Community Service Senior

Opportunities Act’.

‘‘SEC. 502. OLDER AMERICAN COMMUNITY SERVICE EMPLOYMENT

PROGRAM.

‘‘(a) IN GENERAL.—

‘‘(1) ESTABLISHMENT OF PROGRAM.—To foster individual economic self-sufficiency and promote useful opportunities in

community service activities (which shall include community

service employment) for unemployed low-income persons who

are age 55 or older, particularly persons who have poor employment prospects, and to increase the number of persons who

may enjoy the benefits of unsubsidized employment in both

the public and private sectors, the Secretary of Labor (referred

to in this title as the ‘Secretary’) may establish an older American community service employment program.

‘‘(2) USE OF APPROPRIATED AMOUNTS.—Amounts appropriated to carry out this title shall be used only to carry

out the provisions contained in this title.

‘‘(b) GRANT AUTHORITY.—

‘‘(1) PROJECTS.—To carry out this title, the Secretary may

make grants to public and nonprofit private agencies and

organizations, agencies of a State, and tribal organizations

to carry out the program established under subsection (a).

Such grants may provide for the payment of costs, as provided

in subsection (c), of projects developed by such organizations

and agencies in cooperation with the Secretary in order to

make such program effective or to supplement such program.

The Secretary shall make the grants from allotments made

under section 506, and in accordance with section 514. No

payment shall be made by the Secretary toward the cost of

any project established or administered by such an organization

or agency unless the Secretary determines that such project—

42 USC 3056.

42 USC 3001

note.

Community

Service Senior

Opportunities

Act.

120 STAT. 2564 PUBLIC LAW 109–365—OCT. 17, 2006

‘‘(A) will provide community service employment only

for eligible individuals except for necessary technical,

administrative, and supervisory personnel, and such personnel will, to the fullest extent possible, be recruited from

among eligible individuals;

‘‘(B)(i) will provide community service employment and

other authorized activities for eligible individuals in the

community in which such individuals reside, or in nearby

communities; or

‘‘(ii) if such project is carried out by a tribal organization that receives a grant under this subsection or receives

assistance from a State that receives a grant under this

subsection, will provide community service employment and

other authorized activities for such individuals, including

those who are Indians residing on an Indian reservation,

as defined in section 2601 of the Energy Policy Act of

1992 (25 U.S.C. 3501);

‘‘(C) will comply with an average participation cap

for eligible individuals (in the aggregate) of—

‘‘(i) 27 months; or

‘‘(ii) pursuant to the request of a grantee, an

extended period of participation established by the Secretary for a specific project area for such grantee, up

to a period of not more than 36 months, if the Secretary

determines that extenuating circumstances exist

relating to the factors identified in section 513(a)(2)(D)

that justify such an extended period for the program

year involved;

‘‘(D) will employ eligible individuals in service related

to publicly owned and operated facilities and projects, or

projects sponsored by nonprofit organizations (excluding

political parties exempt from taxation under section

501(c)(3) of the Internal Revenue Code of 1986), but

excluding projects involving the construction, operation, or

maintenance of any facility used or to be used as a place

for sectarian religious instruction or worship;

‘‘(E) will contribute to the general welfare of the

community, which may include support for children, youth,

and families;

‘‘(F) will provide community service employment and

other authorized activities for eligible individuals;

‘‘(G)(i) will not reduce the number of employment

opportunities or vacancies that would otherwise be available to individuals not participating in the program;

‘‘(ii) will not displace currently employed workers

(including partial displacement, such as a reduction in

the hours of nonovertime work, wages, or employment benefits);

‘‘(iii) will not impair existing contracts or result in

the substitution of Federal funds for other funds in connection with work that would otherwise be performed; and

‘‘(iv) will not employ or continue to employ any eligible

individual to perform the same work or substantially the

same work as that performed by any other individual who

is on layoff;

‘‘(H) will coordinate activities with training and other

services provided under title I of the Workforce Investment

PUBLIC LAW 109–365—OCT. 17, 2006 120 STAT. 2565

Act of 1998 (29 U.S.C. 2801 et seq.), including utilizing

the one-stop delivery system of the local workforce investment areas involved to recruit eligible individuals to ensure

that the maximum number of eligible individuals will have

an opportunity to participate in the project;

‘‘(I) will include such training (such as work experience,

on-the-job training, and classroom training) as may be necessary to make the most effective use of the skills and

talents of those individuals who are participating, and will

provide for the payment of the reasonable expenses of

individuals being trained, including a reasonable subsistence allowance equivalent to the wage described in

subparagraph (J);

‘‘(J) will ensure that safe and healthy employment

conditions will be provided, and will ensure that participants employed in community service and other jobs

assisted under this title will be paid wages that shall

not be lower than whichever is the highest of—

‘‘(i) the minimum wage that would be applicable

to such a participant under the Fair Labor Standards

Act of 1938 (29 U.S.C. 201 et seq.), if section 6(a)(1)

of such Act (29 U.S.C. 206(a)(1)) applied to the participant and if the participant were not exempt under

section 13 of such Act (29 U.S.C. 213);

‘‘(ii) the State or local minimum wage for the most

nearly comparable covered employment; or

‘‘(iii) the prevailing rates of pay for individuals

employed in similar public occupations by the same

employer;

‘‘(K) will be established or administered with the advice

of persons competent in the field of service in which community service employment or other authorized activities are

being provided, and of persons who are knowledgeable

about the needs of older individuals;

‘‘(L) will authorize payment for necessary supportive

services costs (including transportation costs) of eligible

individuals that may be incurred in training in any project

funded under this title, in accordance with rules issued

by the Secretary;

‘‘(M) will ensure that, to the extent feasible, such

project will serve the needs of minority and Indian eligible

individuals, eligible individuals with limited English proficiency, and eligible individuals with greatest economic

need, at least in proportion to their numbers in the area

served and take into consideration their rates of poverty

and unemployment;

‘‘(N)(i) will prepare an assessment of the participants’

skills and talents and their needs for services, except to

the extent such project has, for the participant involved,

recently prepared an assessment of such skills and talents,

and such needs, pursuant to another employment or

training program (such as a program under the Workforce

Investment Act of 1998 (29 U.S.C. 2801 et seq.), the Carl

D. Perkins Career and Technical Education Act of 2006

(20 U.S.C. 2301 et seq.), or part A of title IV of the Social

Security Act (42 U.S.C. 601 et seq.)) and will prepare

a related service strategy;

120 STAT. 2566 PUBLIC LAW 109–365—OCT. 17, 2006

‘‘(ii) will provide training and employment counseling

to eligible individuals based on strategies that identify

appropriate employment objectives and the need for supportive services, developed as a result of the assessment

and service strategy provided for in clause (i), and provide

other appropriate information regarding such project; and

‘‘(iii) will provide counseling to participants on their

progress in meeting such objectives and satisfying their

need for supportive services;

‘‘(O) will provide appropriate services for participants,

or refer the participants to appropriate services, through

the one-stop delivery system of the local workforce investment areas involved as established under section 134(c)

of the Workforce Investment Act of 1998 (29 U.S.C.

2864(c)), and will be involved in the planning and operations of such system pursuant to a memorandum of understanding with the local workforce investment board in

accordance with section 121(c) of such Act (29 U.S.C.

2841(c));

‘‘(P) will post in such project workplace a notice, and

will make available to each person associated with such

project a written explanation—

‘‘(i) clarifying the law with respect to political

activities allowable and unallowable under chapter 15

of title 5, United States Code, applicable to the project

and to each category of individuals associated with

such project; and

‘‘(ii) containing the address and telephone number

of the Inspector General of the Department of Labor,

to whom questions regarding the application of such

chapter may be addressed;

‘‘(Q) will provide to the Secretary the description and

information described in—

‘‘(i) paragraph (8), relating to coordination with

other Federal programs, of section 112(b) of the

Workforce Investment Act of 1998 (29 U.S.C. 2822(b));

and

‘‘(ii) paragraph (14), relating to implementation

of one-stop delivery systems, of section 112(b) of the

Workforce Investment Act of 1998; and

‘‘(R) will ensure that entities that carry out activities

under the project (including State agencies, local entities,

subgrantees, and subcontractors) and affiliates of such entities receive an amount of the administrative cost allocation

determined by the Secretary, in consultation with grantees,

to be sufficient.

‘‘(2) REGULATIONS.—The Secretary may establish, issue,

and amend such regulations as may be necessary to effectively

carry out this title.

‘‘(3) ASSESSMENT AND SERVICE STRATEGIES.—

‘‘(A) PREPARED UNDER THIS ACT.—An assessment and

service strategy required by paragraph (1)(N) to be prepared for an eligible individual shall satisfy any condition

for an assessment and service strategy or individual

employment plan for an adult participant under subtitle

B of title I of the Workforce Investment Act of 1998 (29

U.S.C. 2811 et seq.), in order to determine whether such

PUBLIC LAW 109–365—OCT. 17, 2006 120 STAT. 2567

eligible individual also qualifies for intensive or training

services described in section 134(d) of such Act (29 U.S.C.

2864(d)).

‘‘(B) PREPARED UNDER WORKFORCE INVESTMENT ACT OF

1998.—An assessment and service strategy or individual

employment plan prepared under subtitle B of title I of

the Workforce Investment Act of 1998 (29 U.S.C. 2811

et seq.) for an eligible individual may be used to comply

with the requirement specified in subparagraph (A).

‘‘(c) FEDERAL SHARE AND USE OF FUNDS.—

‘‘(1) FEDERAL SHARE.—The Secretary may pay a Federal

share not to exceed 90 percent of the cost of any project for

which a grant is made under subsection (b), except that the

Secretary may pay all of such cost if such project is—

‘‘(A) an emergency or disaster project; or

‘‘(B) a project located in an economically depressed

area, as determined by the Secretary in consultation with

the Secretary of Commerce and the Secretary of Health

and Human Services.

‘‘(2) NON-FEDERAL SHARE.—The non-Federal share shall be

in cash or in kind. In determining the amount of the nonFederal share, the Secretary may attribute fair market value

to services and facilities contributed from non-Federal sources.

‘‘(3) USE OF FUNDS FOR ADMINISTRATIVE COSTS.—Of the

grant amount to be paid under this subsection by the Secretary

for a project, not to exceed 13.5 percent shall be available

for any fiscal year to pay the administrative costs of such

project, except that—

‘‘(A) the Secretary may increase the amount available

to pay the administrative costs to an amount not to exceed

15 percent of the grant amount if the Secretary determines,

based on information submitted by the grantee under subsection (b), that such increase is necessary to carry out

such project; and

‘‘(B) if the grantee under subsection (b) demonstrates

to the Secretary that—

‘‘(i) major administrative cost increases are being

incurred in necessary program components, including

liability insurance, payments for workers’ compensation, costs associated with achieving unsubsidized

placement goals, and costs associated with other operation requirements imposed by the Secretary;

‘‘(ii) the number of community service employment

positions in the project or the number of minority

eligible individuals participating in the project will

decline if the amount available to pay the administrative costs is not increased; or

‘‘(iii) the size of the project is so small that the

amount of administrative costs incurred to carry out

the project necessarily exceeds 13.5 percent of the grant

amount;

the Secretary shall increase the amount available for such

fiscal year to pay the administrative costs to an amount

not to exceed 15 percent of the grant amount.

‘‘(4) ADMINISTRATIVE COSTS.—For purposes of this title,

administrative costs are the costs, both personnel-related and

120 STAT. 2568 PUBLIC LAW 109–365—OCT. 17, 2006

nonpersonnel-related and both direct and indirect, associated

with the following:

‘‘(A) The costs of performing general administrative

functions and of providing for the coordination of functions,

such as the costs of—

‘‘(i) accounting, budgeting, and financial and cash

management;

‘‘(ii) procurement and purchasing;

‘‘(iii) property management;

‘‘(iv) personnel management;

‘‘(v) payroll functions;

‘‘(vi) coordinating the resolution of findings arising

from audits, reviews, investigations, and incident

reports;

‘‘(vii) audits;

‘‘(viii) general legal services;

‘‘(ix) developing systems and procedures, including

information systems, required for administrative functions;

‘‘(x) preparing administrative reports; and

‘‘(xi) other activities necessary for the general

administration of government funds and associated

programs.

‘‘(B) The costs of performing oversight and monitoring

responsibilities related to administrative functions.

‘‘(C) The costs of goods and services required for

administrative functions of the project involved, including

goods and services such as rental or purchase of equipment,

utilities, office supplies, postage, and rental and maintenance of office space.

‘‘(D) The travel costs incurred for official business in

carrying out administrative activities or overall management.

‘‘(E) The costs of information systems related to

administrative functions (such as personnel, procurement,

purchasing, property management, accounting, and payroll

systems), including the purchase, systems development,

and operating costs of such systems.

‘‘(F) The costs of technical assistance, professional

organization membership dues, and evaluating results

obtained by the project involved against stated objectives.

‘‘(5) NON-FEDERAL SHARE OF ADMINISTRATIVE COSTS.—To

the extent practicable, an entity that carries out a project

under this title shall provide for the payment of the expenses

described in paragraph (4) from non-Federal sources.

‘‘(6) USE OF FUNDS FOR WAGES AND BENEFITS AND PROGRAMMATIC ACTIVITY COSTS.—

‘‘(A) IN GENERAL.—Amounts made available for a

project under this title that are not used to pay for the

administrative costs shall be used to pay for the costs

of programmatic activities, including the costs of—

‘‘(i) participant wages, such benefits as are

required by law (such as workers’ compensation or

unemployment compensation), the costs of physical

examinations, compensation for scheduled work hours

during which an employer’s business is closed for a

Federal holiday, and necessary sick leave that is not

PUBLIC LAW 109–365—OCT. 17, 2006 120 STAT. 2569

part of an accumulated sick leave program, except

that no amounts provided under this title may be

used to pay the cost of pension benefits, annual leave,

accumulated sick leave, or bonuses;

‘‘(ii) participant training (including the payment

of reasonable costs of instructors, classroom rental,

training supplies, materials, equipment, and tuition),

which may be provided prior to or subsequent to placement and which may be provided on the job, in a

classroom setting, or pursuant to other appropriate

arrangements;

‘‘(iii) job placement assistance, including job

development and job search assistance;

‘‘(iv) participant supportive services to enable a

participant to successfully participate in a project

under this title, which may include the payment of

reasonable costs of transportation, health and medical

services, special job-related or personal counseling,

incidentals (such as work shoes, badges, uniforms, eyeglasses, and tools), child and adult care, temporary

shelter, and follow-up services; and

‘‘(v) outreach, recruitment and selection, intake,

orientation, and assessments.

‘‘(B) USE OF FUNDS FOR WAGES AND BENEFITS.—From

the funds made available through a grant made under

subsection (b), a grantee under this title—

‘‘(i) except as provided in clause (ii), shall use

not less than 75 percent of the grant funds to pay

the wages, benefits, and other costs described in

subparagraph (A)(i) for eligible individuals who are

employed under projects carried out under this title;

or

‘‘(ii) that obtains approval for a request described

in subparagraph (C) may use not less than 65 percent

of the grant funds to pay the wages, benefits, and

other costs described in subparagraph (A)(i).

‘‘(C) REQUEST TO USE ADDITIONAL FUNDS FOR PROGRAMMATIC ACTIVITY COSTS.—

‘‘(i) IN GENERAL.—A grantee may submit to the

Secretary a request for approval—

‘‘(I) to use not less than 65 percent of the

grant funds to pay the wages, benefits, and other

costs described in subparagraph (A)(i);

‘‘(II) to use the percentage of grant funds

described in paragraph (3) to pay for administrative costs, as specified in that paragraph;

‘‘(III) to use not more than 10 percent of the

grant funds for individual participants to provide

activities described in clauses (ii) and (iv) of

subparagraph (A), in which case the grantee shall

provide (from the funds described in this subclause) the subsistence allowance described in subsection (b)(1)(I) for those individual participants

who are receiving training described in that subsection from the funds described in this subclause,

but may not use the funds described in this subclause to pay for any administrative costs; and

120 STAT. 2570 PUBLIC LAW 109–365—OCT. 17, 2006

‘‘(IV) to use the remaining grant funds to provide activities described in clauses (ii) through (v)

of subparagraph (A).

‘‘(ii) CONTENTS.—In submitting the request the

grantee shall include in the request—

‘‘(I) a description of the activities for which

the grantee will spend the grant funds described

in subclauses (III) and (IV) of clause (i), consistent

with those subclauses;

‘‘(II) an explanation documenting how the

provision of such activities will improve the

effectiveness of the project, including an explanation concerning whether any displacement of

eligible individuals or elimination of positions for

such individuals will occur, information on the

number of such individuals to be displaced and

of such positions to be eliminated, and an explanation concerning how the activities will improve

employment outcomes for individuals served, based

on the assessment conducted under subsection

(b)(1)(N); and

‘‘(III) a proposed budget and work plan for

the activities, including a detailed description of

the funds to be spent on the activities described

in subclauses (III) and (IV) of clause (i).

‘‘(iii) SUBMISSION.—The grantee shall submit a

request described in clause (i) not later than 90 days

before the proposed date of implementation contained

in the request. Not later than 30 days before the proposed date of implementation, the Secretary shall

approve, approve as modified, or reject the request,

on the basis of the information included in the request

as described in clause (ii).

‘‘(D) REPORT.—Each grantee under subsection (b) shall

annually prepare and submit to the Secretary a report

documenting the grantee’s use of funds for activities

described in clauses (i) through (v) of subparagraph (A).

‘‘(d) PROJECT DESCRIPTION.—Whenever a grantee conducts a

project within a planning and service area in a State, such grantee

shall conduct such project in consultation with the area agency

on aging of the planning and service area and shall submit to

the State agency and the area agency on aging a description of

such project to be conducted in the State, including the location

of the project, 90 days prior to undertaking the project, for review

and public comment according to guidelines the Secretary shall

issue to assure efficient and effective coordination of projects under

this title.

‘‘(e) PILOT, DEMONSTRATION, AND EVALUATION PROJECTS.—

‘‘(1) IN GENERAL.—The Secretary, in addition to exercising

any other authority contained in this title, shall use funds

reserved under section 506(a)(1) to carry out demonstration

projects, pilot projects, and evaluation projects, for the purpose

of developing and implementing techniques and approaches,

and demonstrating the effectiveness of the techniques and

approaches, in addressing the employment and training needs

of eligible individuals. The Secretary shall enter into such

agreements with States, public agencies, nonprofit private

Contracts.

Deadline.

Deadlines.

PUBLIC LAW 109–365—OCT. 17, 2006 120 STAT. 2571

organizations, or private business concerns, as may be necessary, to conduct the projects authorized by this subsection.

To the extent practicable, the Secretary shall provide an opportunity, prior to the development of a demonstration or pilot

project, for the appropriate area agency on aging to submit

comments on such a project in order to ensure coordination

of activities under this title.

‘‘(2) PROJECTS.—Such projects may include—

‘‘(A) activities linking businesses and eligible individuals, including activities providing assistance to participants transitioning from subsidized activities to private

sector employment;

‘‘(B) demonstration projects and pilot projects designed

to—

‘‘(i) attract more eligible individuals into the labor

force;

‘‘(ii) improve the provision of services to eligible

individuals under one-stop delivery systems established under title I of the Workforce Investment Act

of 1998 (29 U.S.C. 2801 et seq.);

‘‘(iii) enhance the technological skills of eligible

individuals; and

‘‘(iv) provide incentives to grantees under this title

for exemplary performance and incentives to

businesses to promote their participation in the program under this title;

‘‘(C) demonstration projects and pilot projects, as

described in subparagraph (B), for workers who are older

individuals (but targeted to eligible individuals) only if

such demonstration projects and pilot projects are designed

to assist in developing and implementing techniques and

approaches in addressing the employment and training

needs of eligible individuals;

‘‘(D) provision of training and technical assistance to

support any project funded under this title;

‘‘(E) dissemination of best practices relating to employment of eligible individuals; and

‘‘(F) evaluation of the activities authorized under this

title.

‘‘(3) CONSULTATION.—To the extent practicable, entities carrying out projects under this subsection shall consult with

appropriate area agencies on aging and with other appropriate

agencies and entities to promote coordination of activities under

this title.

‘‘SEC. 503. ADMINISTRATION.

‘‘(a) STATE PLAN.—

‘‘(1) GOVERNOR.—For a State to be eligible to receive an

allotment under section 506, the Governor of the State shall

submit to the Secretary for consideration and approval, a single

State plan (referred to in this title as the ‘State plan’) that

outlines a 4-year strategy for the statewide provision of community service employment and other authorized activities for

eligible individuals under this title. The plan shall contain

such provisions as the Secretary may require, consistent with

this title, including a description of the process used to ensure

the participation of individuals described in paragraph (2). Not

42 USC 3056a.

120 STAT. 2572 PUBLIC LAW 109–365—OCT. 17, 2006

less often than every 2 years, the Governor shall review the

State plan and submit an update to the State plan to the

Secretary for consideration and approval.

‘‘(2) RECOMMENDATIONS.—In developing the State plan

prior to its submission to the Secretary, the Governor shall

seek the advice and recommendations of—

‘‘(A) individuals representing the State agency and the

area agencies on aging in the State, and the State and

local workforce investment boards established under title

I of the Workforce Investment Act of 1998 (29 U.S.C. 2801

et seq.);

‘‘(B) individuals representing public and nonprofit private agencies and organizations providing employment

services, including each grantee operating a project under

this title in the State; and

‘‘(C) individuals representing social service organizations providing services to older individuals, grantees under

title III of this Act, affected communities, unemployed older

individuals, community-based organizations serving the

needs of older individuals, business organizations, and

labor organizations.

‘‘(3) COMMENTS.—Any State plan submitted by the Governor in accordance with paragraph (1) shall be accompanied

by copies of public comments relating to the plan received

pursuant to paragraph (7), and a summary of the comments.

‘‘(4) PLAN PROVISIONS.—The State plan shall identify and

address—

‘‘(A) the relationship that the number of eligible

individuals in each area bears to the total number of

eligible individuals, respectively, in the State;

‘‘(B) the relative distribution of eligible individuals

residing in rural and urban areas in the State; and

‘‘(C) the relative distribution of—

‘‘(i) eligible individuals who are individuals with

greatest economic need;

‘‘(ii) eligible individuals who are minority individuals;

‘‘(iii) eligible individuals who are limited English

proficient; and

‘‘(iv) eligible individuals who are individuals with

greatest social need;

‘‘(D) the current and projected employment opportunities in the State (such as by providing information available

under section 15 of the Wagner-Peyser Act (29 U.S.C. 49l–

2) by occupation), and the type of skills possessed by local

eligible individuals;

‘‘(E) the localities and populations for which projects

of the type authorized by this title are most needed; and

‘‘(F) plans for facilitating the coordination of activities

of grantees in the State under this title with activities

carried out in the State under title I of the Workforce

Investment Act of 1998 (29 U.S.C. 2801 et seq.).

‘‘(5) GOVERNOR’S RECOMMENDATIONS.—Before a proposal for

a grant under this title for any fiscal year is submitted to

the Secretary, the Governor of the State in which projects

are proposed to be conducted under such grant shall be afforded

a reasonable opportunity to submit to the Secretary—

PUBLIC LAW 109–365—OCT. 17, 2006 120 STAT. 2573

‘‘(A) recommendations regarding the anticipated effect

of each such proposal upon the overall distribution of enrollment positions under this title in the State (including such

distribution among urban and rural areas), taking into

account the total number of positions to be provided by

all grantees in the State;

‘‘(B) any recommendations for redistribution of positions to underserved areas as vacancies occur in previously

encumbered positions in other areas; and

‘‘(C) in the case of any increase in funding that may

be available for use in the State under this title for the

fiscal year, any recommendations for distribution of newly

available positions in excess of those available during the

preceding year to underserved areas.

‘‘(6) DISRUPTIONS.—In developing a plan or considering a

recommendation under this subsection, the Governor shall

avoid disruptions in the provision of services for participants

to the greatest possible extent.

‘‘(7) DETERMINATION; REVIEW.—

‘‘(A) DETERMINATION.—In order to effectively carry out

this title, each State shall make the State plan available

for public comment. The Secretary, in consultation with

the Assistant Secretary, shall review the plan and make

a written determination with findings and a decision

regarding the plan.

‘‘(B) REVIEW.—The Secretary may review, on the Secretary’s own initiative or at the request of any public

or private agency or organization or of any agency of the

State, the distribution of projects and services under this

title in the State, including the distribution between urban

and rural areas in the State. For each proposed reallocation

of projects or services in a State, the Secretary shall give

notice and opportunity for public comment.

‘‘(8) EXEMPTION.—The grantees that serve eligible individuals who are older Indians or Pacific Island and Asian Americans with funds reserved under section 506(a)(3) may not be

required to participate in the State planning processes

described in this section but shall collaborate with the Secretary

to develop a plan for projects and services to eligible individuals

who are Indians or Pacific Island and Asian Americans, respectively.

‘‘(b) COORDINATION WITH OTHER FEDERAL PROGRAMS.—

‘‘(1) IN GENERAL.—The Secretary and the Assistant Secretary shall coordinate the program carried out under this

title with programs carried out under other titles of this Act,

to increase employment opportunities available to older individuals.

‘‘(2) PROGRAMS.—

‘‘(A) IN GENERAL.—The Secretary shall coordinate programs carried out under this title with the program carried

out under the Workforce Investment Act of 1998 (29 U.S.C.

2801 et seq.), the Community Services Block Grant Act

(42 U.S.C. 9901 et seq.), the Rehabilitation Act of 1973

(29 U.S.C. 701 et seq.), the Carl D. Perkins Career and

Technical Education Act of 2006 (20 U.S.C. 2301 et seq.),

the National and Community Service Act of 1990 (42 U.S.C.

12501 et seq.), and the Domestic Volunteer Service Act

Public comment.

Public comment.

120 STAT. 2574 PUBLIC LAW 109–365—OCT. 17, 2006

of 1973 (42 U.S.C. 4950 et seq.). The Secretary shall coordinate the administration of this title with the administration

of other titles of this Act by the Assistant Secretary to

increase the likelihood that eligible individuals for whom

employment opportunities under this title are available

and who need services under such titles receive such services.

‘‘(B) USE OF FUNDS.—

‘‘(i) PROHIBITION.—Funds appropriated to carry out

this title may not be used to carry out any program

under the Workforce Investment Act of 1998, the

Community Services Block Grant Act, the Rehabilitation Act of 1973, the Carl D. Perkins Career and Technical Education Act of 2006, the National and Community Service Act of 1990, or the Domestic Volunteer

Service Act of 1973.

‘‘(ii) JOINT ACTIVITIES.—Clause (i) shall not be construed to prohibit carrying out projects under this title

jointly with programs, projects, or activities under any

Act specified in clause (i), or from carrying out section

511.

‘‘(3) INFORMATIONAL MATERIALS ON AGE DISCRIMINATION.—

The Secretary shall distribute to grantees under this title,

for distribution to program participants, and at no cost to

grantees or participants, informational materials developed and

supplied by the Equal Employment Opportunity Commission

and other appropriate Federal agencies that the Secretary

determines are designed to help participants identify age

discrimination and to understand their rights under the Age

Discrimination in Employment Act of 1967 (29 U.S.C. 621 et

seq.).

‘‘(c) USE OF SERVICES, EQUIPMENT, PERSONNEL, AND FACILITIES.—In carrying out this title, the Secretary may use the services,

equipment, personnel, and facilities of Federal and other agencies,

with their consent, with or without reimbursement, and on a similar

basis cooperate with other public and nonprofit private agencies

and organizations in the use of services, equipment, and facilities.

‘‘(d) PAYMENTS.—Payments under this title may be made in

advance or by way of reimbursement and in such installments

as the Secretary may determine.

‘‘(e) NO DELEGATION OF FUNCTIONS.—The Secretary shall not

delegate any function of the Secretary under this title to any other

Federal officer or entity.

‘‘(f) COMPLIANCE.—

‘‘(1) MONITORING.—The Secretary shall monitor projects

for which grants are made under this title to determine whether

the grantees are complying with rules and regulations issued

to carry out this title (including the statewide planning, consultation, and coordination requirements of this title).

‘‘(2) COMPLIANCE WITH UNIFORM COST PRINCIPLES AND

ADMINISTRATIVE REQUIREMENTS.—Each grantee that receives

funds under this title shall comply with the applicable uniform

cost principles and appropriate administrative requirements

for grants and contracts that are applicable to the type of

entity that receives funds, as issued as circulars or rules of

the Office of Management and Budget.

PUBLIC LAW 109–365—OCT. 17, 2006 120 STAT. 2575

‘‘(3) REPORTS.—Each grantee described in paragraph (2)

shall prepare and submit a report in such manner and containing such information as the Secretary may require

regarding activities carried out under this title.

‘‘(4) RECORDS.—Each grantee described in paragraph (2)

shall keep records that—

‘‘(A) are sufficient to permit the preparation of reports

required by this title;

‘‘(B) are sufficient to permit the tracing of funds to

a level of expenditure adequate to ensure that the funds

have not been spent unlawfully; and

‘‘(C) contain any other information that the Secretary

determines to be appropriate.

‘‘(g) EVALUATIONS.—The Secretary shall establish by rule and

implement a process to evaluate, in accordance with section 513,

the performance of projects carried out and services provided under

this title. The Secretary shall report to Congress, and make available to the public, the results of each such evaluation and shall

use such evaluation to improve services delivered by, or the operation of, projects carried out under this title.

‘‘SEC. 504. PARTICIPANTS NOT FEDERAL EMPLOYEES.

‘‘(a) INAPPLICABILITY OF CERTAIN PROVISIONS COVERING FED- ERAL EMPLOYEES.—Eligible individuals who are participants in any

project funded under this title shall not be considered to be Federal

employees as a result of such participation and shall not be subject

to part III of title 5, United States Code.

‘‘(b) WORKERS’ COMPENSATION.—No grant or subgrant shall

be made and no contract or subcontract shall be entered into under

this title with an entity who is, or whose employees are, under

State law, exempted from operation of the State workers’ compensation law, generally applicable to employees, unless the entity shall

undertake to provide either through insurance by a recognized

carrier or by self-insurance, as authorized by State law, that the

persons employed under the grant, subgrant, contract, or subcontract shall enjoy workers’ compensation coverage equal to that

provided by law for covered employment.

‘‘SEC. 505. INTERAGENCY COOPERATION.

‘‘(a) CONSULTATION WITH THE ASSISTANT SECRETARY.—The Secretary shall consult with and obtain the written views of the Assistant Secretary before issuing rules and before establishing general

policy in the administration of this title.

‘‘(b) CONSULTATION WITH HEADS OF OTHER AGENCIES.—The

Secretary shall consult and cooperate with the Secretary of Health

and Human Services (acting through officers including the Director

of the Office of Community Services), and the heads of other Federal

agencies that carry out programs related to the program carried

out under this title, in order to achieve optimal coordination of

the program carried out under this title with such related programs.

Each head of a Federal agency shall cooperate with the Secretary

in disseminating information relating to the availability of assistance under this title and in promoting the identification and

interests of individuals eligible for employment in projects assisted

under this title.

‘‘(c) COORDINATION.—

‘‘(1) IN GENERAL.—The Secretary shall promote and coordinate efforts to carry out projects under this title jointly with

42 USC 3056c.

42 USC 3056b.

Reports.

Public

information.

Regulations.

120 STAT. 2576 PUBLIC LAW 109–365—OCT. 17, 2006

programs, projects, or activities carried out under other Acts,

especially activities provided under the Workforce Investment

Act of 1998 (29 U.S.C. 2801 et seq.), including activities provided through one-stop delivery systems established under section 134(c)) of such Act (29 U.S.C. 2864(c)), that provide training

and employment opportunities to eligible individuals.

‘‘(2) COORDINATION WITH CERTAIN ACTIVITIES.—The Secretary shall consult with the Secretary of Education to promote

and coordinate efforts to carry out projects under this title

jointly with activities in which eligible individuals may participate that are carried out under the Carl D. Perkins Career

and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.).

‘‘SEC. 506. DISTRIBUTION OF ASSISTANCE.

‘‘(a) RESERVATIONS.— ‘‘(1) RESERVATION FOR PILOT DEMONSTRATION AND EVALUATION PROJECTS.—Of the funds appropriated to carry out this

title for each fiscal year, the Secretary may first reserve not

more than 1.5 percent to carry out demonstration projects,

pilot projects, and evaluation projects under section 502(e).

‘‘(2) RESERVATION FOR TERRITORIES.—Of the funds appropriated to carry out this title for each fiscal year, the Secretary

shall reserve 0.75 percent, of which—

‘‘(A) Guam, American Samoa, and the United States

Virgin Islands shall each receive 30 percent of the funds

so reserved; and

‘‘(B) the Commonwealth of the Northern Mariana

Islands shall receive 10 percent of the funds so reserved.

‘‘(3) RESERVATION FOR ORGANIZATIONS.—Of the funds appropriated to carry out this title for each fiscal year, the Secretary

shall reserve such amount as may be necessary to make

national grants to public or nonprofit national Indian aging

organizations with the ability to provide community service

employment and other authorized activities for eligible individuals who are Indians and to national public or nonprofit Pacific

Island and Asian American aging organizations with the ability

to provide community service employment and other authorized

activities for eligible individuals who are Pacific Island and

Asian Americans.

‘‘(b) STATE ALLOTMENTS.—The allotment for each State shall

be the sum of the amounts allotted for national grants in such

State under subsection (d) and for the grant to such State under

subsection (e).

‘‘(c) DIVISION BETWEEN NATIONAL GRANTS AND GRANTS TO

STATES.—The funds appropriated to carry out this title for any

fiscal year that remain after amounts are reserved under paragraphs (1), (2), and (3) of subsection (a) shall be divided by the

Secretary between national grants and grants to States as follows:

‘‘(1) RESERVATION OF FUNDS FOR FISCAL YEAR 2000 LEVEL

OF ACTIVITIES.—

‘‘(A) IN GENERAL.—The Secretary shall reserve the

amount of funds necessary to maintain the fiscal year

2000 level of activities supported by grantees that operate

under this title under national grants from the Secretary,

and the fiscal year 2000 level of activities supported by

State grantees under this title, in proportion to their

respective fiscal year 2000 levels of activities.

42 USC 3056d.

PUBLIC LAW 109–365—OCT. 17, 2006 120 STAT. 2577

‘‘(B) INSUFFICIENT APPROPRIATIONS.—If in any fiscal

year the funds appropriated to carry out this title are

insufficient to satisfy the requirement specified in subparagraph (A), then the amount described in subparagraph

(A) shall be reduced proportionally.

‘‘(2) FUNDING IN EXCESS OF FISCAL YEAR 2000 LEVEL OF

ACTIVITIES.—

‘‘(A) UP TO $35,000,000.—The amount of funds remaining

(if any) after the application of paragraph (1), but not

to exceed $35,000,000, shall be divided so that 75 percent

shall be provided to State grantees and 25 percent shall

be provided to grantees that operate under this title under

national grants from the Secretary.

‘‘(B) OVER $35,000,000.—The amount of funds remaining

(if any) after the application of subparagraph (A) shall

be divided so that 50 percent shall be provided to State

grantees and 50 percent shall be provided to grantees

that operate under this title under national grants from

the Secretary.

‘‘(d) ALLOTMENTS FOR NATIONAL GRANTS.—From funds available under subsection (c) for national grants, the Secretary shall

allot for public and nonprofit private agency and organization

grantees that operate under this title under national grants from

the Secretary in each State, an amount that bears the same ratio

to such funds as the product of the number of individuals age

55 or older in the State and the allotment percentage of such

State bears to the sum of the corresponding products for all States,

except as follows:

‘‘(1) MINIMUM ALLOTMENT.—No State shall be provided an

amount under this subsection that is less than 1⁄2 of 1 percent

of the amount provided under subsection (c) for public and

nonprofit private agency and organization grantees that operate

under this title under national grants from the Secretary in

all of the States.

‘‘(2) HOLD HARMLESS.—If such amount provided under subsection (c) is—

‘‘(A) equal to or less than the amount necessary to

maintain the fiscal year 2000 level of activities, allotments

for grantees that operate under this title under national

grants from the Secretary in each State shall be proportional to the amount necessary to maintain their fiscal

year 2000 level of activities; or

‘‘(B) greater than the amount necessary to maintain

the fiscal year 2000 level of activities, no State shall be

provided a percentage increase above the amount necessary

to maintain the fiscal year 2000 level of activities for

grantees that operate under this title under national grants

from the Secretary in the State that is less than 30 percent

of the percentage increase above the amount necessary

to maintain the fiscal year 2000 level of activities for public

and private nonprofit agency and organization grantees

that operate under this title under national grants from

the Secretary in all of the States.

‘‘(3) REDUCTION.—Allotments for States not affected by

paragraphs (1) and (2)(B) shall be reduced proportionally to

satisfy the conditions in such paragraphs.

120 STAT. 2578 PUBLIC LAW 109–365—OCT. 17, 2006

‘‘(e) ALLOTMENTS FOR GRANTS TO STATES.—From the amount

provided for grants to States under subsection (c), the Secretary

shall allot for the State grantee in each State an amount that

bears the same ratio to such amount as the product of the number

of individuals age 55 or older in the State and the allotment

percentage of such State bears to the sum of the corresponding

products for all States, except as follows:

‘‘(1) MINIMUM ALLOTMENT.—No State shall be provided an

amount under this subsection that is less than 1⁄2 of 1 percent

of the amount provided under subsection (c) for State grantees

in all of the States.

‘‘(2) HOLD HARMLESS.—If such amount provided under subsection (c) is—

‘‘(A) equal to or less than the amount necessary to

maintain the fiscal year 2000 level of activities, allotments

for State grantees in each State shall be proportional to

the amount necessary to maintain their fiscal year 2000

level of activities; or

‘‘(B) greater than the amount necessary to maintain

the fiscal year 2000 level of activities, no State shall be

provided a percentage increase above the amount necessary

to maintain the fiscal year 2000 level of activities for State

grantees in the State that is less than 30 percent of the

percentage increase above the amount necessary to maintain the fiscal year 2000 level of activities for State grantees

in all of the States.

‘‘(3) REDUCTION.—Allotments for States not affected by

paragraphs (1) and (2)(B) shall be reduced proportionally to

satisfy the conditions in such paragraphs.

‘‘(f) ALLOTMENT PERCENTAGE.—For purposes of subsections (d)

and (e) and this subsection—

‘‘(1) the allotment percentage of each State shall be 100

percent less that percentage that bears the same ratio to 50

percent as the per capita income of such State bears to the

per capita income of the United States, except that—

‘‘(A) the allotment percentage shall be not more than

75 percent and not less than 33 percent; and

‘‘(B) the allotment percentage for the District of

Columbia and the Commonwealth of Puerto Rico shall be

75 percent;

‘‘(2) the number of individuals age 55 or older in any

State and in all States, and the per capita income in any

State and in all States, shall be determined by the Secretary

on the basis of the most satisfactory data available to the

Secretary; and

‘‘(3) for the purpose of determining the allotment percentage, the term ‘United States’ means the 50 States, and the

District of Columbia.

‘‘(g) DEFINITIONS.—In this section:

‘‘(1) COST PER AUTHORIZED POSITION.—The term ‘cost per

authorized position’ means the sum of—

‘‘(A) the hourly minimum wage rate specified in section

6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C.

206(a)(1)), multiplied by the number of hours equal to

the product of 21 hours and 52 weeks;

PUBLIC LAW 109–365—OCT. 17, 2006 120 STAT. 2579

‘‘(B) an amount equal to 11 percent of the amount

specified under subparagraph (A), for the purpose of covering Federal payments for fringe benefits; and

‘‘(C) an amount determined by the Secretary, for the

purpose of covering Federal payments for the remainder

of all other program and administrative costs.

‘‘(2) FISCAL YEAR 2000 LEVEL OF ACTIVITIES.—The term

‘fiscal year 2000 level of activities’ means—

‘‘(A) with respect to public and nonprofit private agency

and organization grantees that operate under this title

under national grants from the Secretary, their level of

activities for fiscal year 2000; and

‘‘(B) with respect to State grantees, their level of activities for fiscal year 2000.

‘‘(3) GRANTS TO STATES.—The term ‘grants to States’ means

grants made under this title by the Secretary to the States.

‘‘(4) LEVEL OF ACTIVITIES.—The term ‘level of activities’

means the number of authorized positions multiplied by the

cost per authorized position.

‘‘(5) NATIONAL GRANTS.—The term ‘national grants’ means

grants made under this title by the Secretary to public and

nonprofit private agency and organization grantees that operate

under this title.

‘‘(6) STATE.—The term ‘State’ does not include Guam, American Samoa, the Commonwealth of the Northern Mariana

Islands, and the United States Virgin Islands.

‘‘SEC. 507. EQUITABLE DISTRIBUTION.

‘‘(a) INTERSTATE ALLOCATION.—In making grants under section

502(b) from allotments made under section 506, the Secretary shall

ensure, to the extent feasible, an equitable distribution of activities

under such grants, in the aggregate, among the States, taking

into account the needs of underserved States.

‘‘(b) INTRASTATE ALLOCATION.—The amount allocated for

projects within each State under section 506 shall be allocated

among areas in the State in an equitable manner, taking into

consideration the State priorities set out in the State plan in effect

under section 503(a).

‘‘SEC. 508. REPORT.

‘‘To carry out the Secretary’s responsibilities for reporting in

section 503(g), the Secretary shall require the State agency for

each State that receives funds under this title to prepare and

submit a report at the beginning of each fiscal year on such State’s

compliance with section 507(b). Such report shall include the names

and geographic location of all projects assisted under this title

and carried out in the State and the amount allocated to each

such project under section 506.

‘‘SEC. 509. EMPLOYMENT ASSISTANCE AND FEDERAL HOUSING AND

FOOD STAMP PROGRAMS.

‘‘Funds received by eligible individuals from projects carried

out under the program established under this title shall not be

considered to be income of such individuals for purposes of determining the eligibility of such individuals, or of any other individuals,

to participate in any housing program for which Federal funds

may be available or for any income determination under the Food

Stamp Act of 1977 (7 U.S.C. 2011 et seq.).

42 USC 3056g.

42 USC 3056f.

Grants.

42 USC 3056e.

120 STAT. 2580 PUBLIC LAW 109–365—OCT. 17, 2006

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

‘‘Eligible individuals under this title may be considered by

local workforce investment boards and one-stop operators established under title I of the Workforce Investment Act of 1998 (29

U.S.C. 2801 et seq.) to satisfy the requirements for receiving services

under such title I that are applicable to adults.

‘‘SEC. 511. COORDINATION WITH THE WORKFORCE INVESTMENT ACT

OF 1998.

‘‘(a) PARTNERS.—Grantees under this title shall be one-stop

partners as described in subparagraphs (A) and (B)(vi) of section

121(b)(1) of the Workforce Investment Act of 1998 (29 U.S.C.

2841(b)(1)) in the one-stop delivery system established under section

134(c) of such Act (29 U.S.C. 2864(c)) for the appropriate local

workforce investment areas, and shall carry out the responsibilities

relating to such partners.

‘‘(b) COORDINATION.—In local workforce investment areas where

more than 1 grantee under this title provides services, the grantees

shall—

‘‘(1) coordinate their activities related to the one-stop

delivery systems; and

‘‘(2) be signatories of the memorandum of understanding

established under section 121(c) of the Workforce Investment

Act of 1998 (29 U.S.C. 2841(c)).

‘‘SEC. 512. TREATMENT OF ASSISTANCE.

‘‘Assistance provided under this title shall not be considered

to be financial assistance described in section 245A(h)(1)(A) of the

Immigration and Nationality Act (8 U.S.C. 1255a(h)(1)(A)).

‘‘SEC. 513. PERFORMANCE.

‘‘(a) MEASURES AND INDICATORS.—

‘‘(1) ESTABLISHMENT AND IMPLEMENTATION OF MEASURES

AND INDICATORS.—The Secretary shall establish and implement,

after consultation with grantees, subgrantees, and host agencies

under this title, States, older individuals, area agencies on

aging, and other organizations serving older individuals, core

measures of performance and additional indicators of performance for each grantee for projects and services carried out

under this title. The core measures of performance and additional indicators of performance shall be applicable to each

grantee under this title without regard to whether such grantee

operates the program directly or through subcontracts, subgrants, or agreements with other entities.

‘‘(2) CONTENT.—

‘‘(A) COMPOSITION OF MEASURES AND INDICATORS.—

‘‘(i) MEASURES.—The core measures of performance

established by the Secretary in accordance with paragraph (1) shall consist of core indicators of performance

specified in subsection (b)(1) and the expected levels

of performance applicable to each core indicator of

performance.

‘‘(ii) ADDITIONAL INDICATORS.—The additional

indicators of performance established by the Secretary

in accordance with paragraph (1) shall be the additional indicators of performance specified in subsection

(b)(2).

42 USC 3056k.

42 USC 3056j.

42 USC 3056i.

42 USC 3056h.

PUBLIC LAW 109–365—OCT. 17, 2006 120 STAT. 2581

‘‘(B) CONTINUOUS IMPROVEMENT.—The measures

described in subparagraph (A)(i) shall be designed to promote continuous improvement in performance.

‘‘(C) EXPECTED LEVELS OF PERFORMANCE.—The Secretary and each grantee shall reach agreement on the

expected levels of performance for each program year for

each of the core indicators of performance specified in

subparagraph (A)(i). The agreement shall take into account

the requirement of subparagraph (B) and the factors

described in subparagraph (D), and other appropriate factors as determined by the Secretary, and shall be consistent

with the requirements of subparagraph (E). Funds may

not be awarded under the grant until such agreement

is reached. At the conclusion of negotiations concerning

the levels with all grantees, the Secretary shall make available for public review the final negotiated expected levels

of performance for each grantee, including any comments

submitted by the grantee regarding the grantee’s satisfaction with the negotiated levels.

‘‘(D) ADJUSTMENT.—The expected levels of performance

described in subparagraph (C) applicable to a grantee shall

be adjusted after the agreement under subparagraph (C)

has been reached only with respect to the following factors:

‘‘(i) High rates of unemployment or of poverty or

participation in the program of block grants to States

for temporary assistance for needy families established

under part A of title IV of the Social Security Act

(42 U.S.C. 601 et seq.), in the areas served by a

grantee, relative to other areas of the State involved

or Nation.

‘‘(ii) Significant downturns in the areas served by

the grantee or in the national economy.

‘‘(iii) Significant numbers or proportions of participants with 1 or more barriers to employment, including

individuals described in subsection (a)(3)(B)(ii) or (b)(2)

of section 518, served by a grantee relative to such

numbers or proportions for grantees serving other

areas of the State or Nation.

‘‘(iv) Changes in Federal, State, or local minimum

wage requirements.

‘‘(v) Limited economies of scale for the provision

of community service employment and other authorized

activities in the areas served by the grantee.

‘‘(E) PLACEMENT.—

‘‘(i) LEVEL OF PERFORMANCE.—For all grantees, the

Secretary shall establish an expected level of performance of not less than the percentage specified in clause

(ii) (adjusted in accordance with subparagraph (D))

for the entry into unsubsidized employment core indicator of performance described in subsection (b)(1)(B).

‘‘(ii) REQUIRED PLACEMENT PERCENTAGES.—The

minimum percentage for the expected level of performance for the entry into unsubsidized employment core

indicator of performance described in subsection

(b)(1)(B) is—

‘‘(I) 21 percent for fiscal year 2007;

‘‘(II) 22 percent for fiscal year 2008;

Public

information.

120 STAT. 2582 PUBLIC LAW 109–365—OCT. 17, 2006

‘‘(III) 23 percent for fiscal year 2009;

‘‘(IV) 24 percent for fiscal year 2010; and

‘‘(V) 25 percent for fiscal year 2011.

‘‘(3) LIMITATION.—An agreement to be evaluated on the

core measures of performance and to report information on

the additional indicators of performance shall be a requirement

for application for, and a condition of, all grants authorized

by this title.

‘‘(b) INDICATORS OF PERFORMANCE.—

‘‘(1) CORE INDICATORS.—The core indicators of performance

described in subsection (a)(2)(A)(i) shall consist of—

‘‘(A) hours (in the aggregate) of community service

employment;

‘‘(B) entry into unsubsidized employment;

‘‘(C) retention in unsubsidized employment for 6

months;

‘‘(D) earnings; and

‘‘(E) the number of eligible individuals served,

including the number of participating individuals described

in subsection (a)(3)(B)(ii) or (b)(2) of section 518.

‘‘(2) ADDITIONAL INDICATORS.—The additional indicators of

performance described in subsection (a)(2)(A)(ii) shall consist

of—

‘‘(A) retention in unsubsidized employment for 1 year;

‘‘(B) satisfaction of the participants, employers, and

their host agencies with their experiences and the services

provided;

‘‘(C) any other indicators of performance that the Secretary determines to be appropriate to evaluate services

and performance.

‘‘(3) DEFINITIONS OF INDICATORS.—The Secretary, after consultation with national and State grantees, representatives of

business and labor organizations, and providers of services,

shall, by regulation, issue definitions of the indicators of

performance described in paragraphs (1) and (2).

‘‘(c) EVALUATION.—The Secretary shall—

‘‘(1) annually evaluate, and publish and make available

for public review information on, the actual performance of

each grantee with respect to the levels achieved for each of

the core indicators of performance, compared to the expected

levels of performance established under subsection (a)(2)(C)

(including any adjustments to such levels made in accordance

with subsection (a)(2)(D)); and

‘‘(2) annually publish and make available for public review

information on the actual performance of each grantee with

respect to the levels achieved for each of the additional indicators of performance.

‘‘(d) TECHNICAL ASSISTANCE AND CORRECTIVE EFFORTS.—

‘‘(1) INITIAL DETERMINATIONS.—

‘‘(A) IN GENERAL.—As soon as practicable after July

1, 2007, the Secretary shall determine if a grantee under

this title has, for program year 2006—

‘‘(i) met the expected levels of performance established under subsection (a)(2)(C) (including any adjustments to such levels made in accordance with subsection (a)(2)(D)) for the core indicators of performance

Deadlines.

Publication.

Public

information.

Regulations.

PUBLIC LAW 109–365—OCT. 17, 2006 120 STAT. 2583

described in subparagraphs (A), (C), (D), and (E) of

subsection (b)(1); and

‘‘(ii) achieved the applicable percentage specified

in subsection (a)(2)(E)(ii) for the core indicator of

performance described in subsection (b)(1)(B).

‘‘(B) TECHNICAL ASSISTANCE.—If the Secretary determines that the grantee, for program year 2006—

‘‘(i) failed to meet the expected levels of performance described in subparagraph (A)(i); or

‘‘(ii) failed to achieve the applicable percentage

described in subparagraph (A)(ii),

the Secretary shall provide technical assistance to assist

the grantee to meet the expected levels of performance

and achieve the applicable percentage.

‘‘(2) NATIONAL GRANTEES.— ‘‘(A) IN GENERAL.—Not later than 120 days after the

end of each program year, the Secretary shall determine

if a national grantee awarded a grant under section 502(b)

in accordance with section 514 has met the expected levels

of performance established under subsection (a)(2)(C)

(including any adjustments to such levels made in accordance with subsection (a)(2)(D)) for the core indicators of

performance described in subsection (b)(1).

‘‘(B) TECHNICAL ASSISTANCE AND CORRECTIVE ACTION

PLAN.—

‘‘(i) IN GENERAL.—If the Secretary determines that

a national grantee fails to meet the expected levels

of performance described in subparagraph (A), the Secretary after each year of such failure, shall provide

technical assistance and require such grantee to submit

a corrective action plan not later than 160 days after

the end of the program year.

‘‘(ii) CONTENT.—The plan submitted under clause

(i) shall detail the steps the grantee will take to meet

the expected levels of performance in the next program

year.

‘‘(iii) RECOMPETITION.—Any grantee who has failed

to meet the expected levels of performance for 4

consecutive years (beginning with program year 2007)

shall not be allowed to compete in the subsequent

grant competition under section 514 following the

fourth consecutive year of failure but may compete

in the next such grant competition after that subsequent competition.

‘‘(3) STATE GRANTEES.—

‘‘(A) IN GENERAL.—Not later than 120 days after the

end of each program year, the Secretary shall determine

if a State grantee allotted funds under section 506(e) has

met the expected levels of performance established under

subsection (a)(2)(C) (including any adjustments to such

levels made in accordance with subsection (a)(2)(D)) for

the core indicators of performance described in subsection

(b)(1).

‘‘(B) TECHNICAL ASSISTANCE AND CORRECTIVE ACTION

PLAN.— ‘‘(i) IN GENERAL.—If the Secretary determines that

a State fails to meet the expected levels of performance

120 STAT. 2584 PUBLIC LAW 109–365—OCT. 17, 2006

described in subparagraph (A), the Secretary, after

each year of such failure, shall provide technical assistance and require the State to submit a corrective action

plan not later than 160 days after the end of the

program year.

‘‘(ii) CONTENT.—The plan submitted under clause

(i) shall detail the steps the State will take to meet

the expected levels of performance in the next program

year.

‘‘(iii) COMPETITION.—If the Secretary determines

that the State fails to meet the expected levels of

performance described in subparagraph (A) for 3

consecutive program years (beginning with program

year 2007), the Secretary shall provide for the conduct

by the State of a competition to award the funds

allotted to the State under section 506(e) for the first

full program year following the Secretary’s determination.

‘‘(4) SPECIAL RULE FOR ESTABLISHMENT AND IMPLEMENTATION.—The Secretary shall establish and implement the core

measures of performance and additional indicators of performance described in this section, including all required indicators

described in subsection (b), not later than July 1, 2007.

‘‘(e) IMPACT ON GRANT COMPETITION.—The Secretary may not

publish a notice announcing a grant competition under this title,

and solicit proposals for grants, until the day that is the later

of—

‘‘(1) the date on which the Secretary implements the core

measures of performance and additional indicators of performance described in this section; and

‘‘(2) January 1, 2010.

‘‘SEC. 514. COMPETITIVE REQUIREMENTS RELATING TO GRANT

AWARDS.

‘‘(a) PROGRAM AUTHORIZED.— ‘‘(1) INITIAL APPROVAL OF GRANT APPLICATIONS.—From the

funds available for national grants under section 506(d), the

Secretary shall award grants under section 502(b) to eligible

applicants, through a competitive process that emphasizes

meeting performance requirements, to carry out projects under

this title for a period of 4 years, except as provided in paragraph

(2). The Secretary may not conduct a grant competition under

this title until the day described in section 513(e).

‘‘(2) CONTINUATION OF APPROVAL BASED ON PERFORMANCE.—If the recipient of a grant made under paragraph (1)

meets the expected levels of performance described in section

513(d)(2)(A) for each year of such 4-year period with respect

to a project, the Secretary may award a grant under section

502(b) to such recipient to continue such project beyond such

4-year period for 1 additional year without regard to such

process.

‘‘(b) ELIGIBLE APPLICANTS.—An applicant shall be eligible to

receive a grant under section 502(b) in accordance with subsections

(a), (c), and (d).

‘‘(c) CRITERIA.—For purposes of subsection (a)(1), the Secretary

shall select the eligible applicants to receive grants based on the

following:

42 USC 3056l.

Notices.

PUBLIC LAW 109–365—OCT. 17, 2006 120 STAT. 2585

‘‘(1) The applicant’s ability to administer a project that

serves the greatest number of eligible individuals, giving particular consideration to individuals with greatest economic

need, individuals with greatest social need, and individuals

described in subsection (a)(3)(B)(ii) or (b)(2) of section 518.

‘‘(2) The applicant’s ability to administer a project that

provides employment for eligible individuals in the communities

in which such individuals reside, or in nearby communities,

that will contribute to the general welfare of the communities

involved.

‘‘(3) The applicant’s ability to administer a project that

moves eligible individuals into unsubsidized employment.

‘‘(4) The applicant’s prior performance, if any, in meeting

core measures of performance and addressing additional indicators of performance under this title and the applicant’s ability

to address core indicators of performance and additional indicators of performance under this title and under other Federal

or State programs in the case of an applicant that has not

previously received a grant under this title.

‘‘(5) The applicant’s ability to move individuals with multiple barriers to employment, including individuals described

in subsection (a)(3)(B)(ii) or (b)(2) of section 518, into unsubsidized employment.

‘‘(6) The applicant’s ability to coordinate activities with

other organizations at the State and local level.

‘‘(7) The applicant’s plan for fiscal management of the

project to be administered with funds received in accordance

with this section.

‘‘(8) The applicant’s ability to administer a project that

provides community service.

‘‘(9) The applicant’s ability to minimize disruption in services for participants and in community services provided.

‘‘(10) Any additional criteria that the Secretary considers

to be appropriate in order to minimize disruption in services

for participants.

‘‘(d) RESPONSIBILITY TESTS.—

‘‘(1) IN GENERAL.—Before final selection of a grantee, the

Secretary shall conduct a review of available records to assess

the applicant’s overall responsibility to administer Federal

funds.

‘‘(2) REVIEW.—As part of the review described in paragraph

(1), the Secretary may consider any information, including the

applicant’s history with regard to the management of other

grants.

‘‘(3) FAILURE TO SATISFY TEST.—The failure to satisfy a

responsibility test with respect to any 1 factor that is listed

in paragraph (4), excluding those listed in subparagraphs (A)

and (B) of such paragraph, does not establish that the applicant

is not responsible unless such failure is substantial or persists

for 2 or more consecutive years.

‘‘(4) TEST.—The responsibility tests include review of the

following factors:

‘‘(A) Unsuccessful efforts by the applicant to recover

debts, after 3 demand letters have been sent, that are

established by final agency action, or a failure to comply

with an approved repayment plan.

120 STAT. 2586 PUBLIC LAW 109–365—OCT. 17, 2006

‘‘(B) Established fraud or criminal activity of a significant nature within the organization or agency involved.

‘‘(C) Serious administrative deficiencies identified by

the Secretary, such as failure to maintain a financial

management system as required by Federal rules or regulations.

‘‘(D) Willful obstruction of the audit process.

‘‘(E) Failure to provide services to participants for a

current or recent grant or to meet applicable core measures

of performance or address applicable indicators of performance.

‘‘(F) Failure to correct deficiencies brought to the

grantee’s attention in writing as a result of monitoring

activities, reviews, assessments, or other activities.

‘‘(G) Failure to return a grant closeout package or

outstanding advances within 90 days of the grant expiration date or receipt of the closeout package, whichever

is later, unless an extension has been requested and

granted.

‘‘(H) Failure to submit required reports.

‘‘(I) Failure to properly report and dispose of Government property as instructed by the Secretary.

‘‘(J) Failure to have maintained effective cash management or cost controls resulting in excess cash on hand.

‘‘(K) Failure to ensure that a subrecipient complies

with its Office of Management and Budget Circular A–

133 audit requirements specified at section 667.200(b) of

title 20, Code of Federal Regulations.

‘‘(L) Failure to audit a subrecipient within the required

period.

‘‘(M) Final disallowed costs in excess of 5 percent of

the grant or contract award if, in the judgment of the

grant officer, the disallowances are egregious.

‘‘(N) Failure to establish a mechanism to resolve a

subrecipient’s audit in a timely fashion.

‘‘(5) DETERMINATION.—Applicants that are determined to

be not responsible shall not be selected as grantees.

‘‘(6) DISALLOWED COSTS.—Interest on disallowed costs shall

accrue in accordance with the Debt Collection Improvement

Act of 1996, including the amendments made by that Act.

‘‘(e) GRANTEES SERVING INDIVIDUALS WITH BARRIERS TO

EMPLOYMENT.—

‘‘(1) DEFINITION.—In this subsection, the term ‘individuals

with barriers to employment’ means minority individuals,

Indian individuals, individuals with greatest economic need,

and individuals described in subsection (a)(3)(B)(ii) or (b)(2)

of section 518.

‘‘(2) SPECIAL CONSIDERATION.—In areas where a substantial

population of individuals with barriers to employment exists,

a grantee that receives a national grant in accordance with

this section shall, in selecting subgrantees, give special consideration to organizations (including former recipients of such

national grants) with demonstrated expertise in serving individuals with barriers to employment.

‘‘(f) MINORITY-SERVING GRANTEES.—The Secretary may not

promulgate rules or regulations affecting grantees in areas where

a substantial population of minority individuals exists, that would

PUBLIC LAW 109–365—OCT. 17, 2006 120 STAT. 2587

significantly compromise the ability of the grantees to serve their

targeted population of minority older individuals.

‘‘SEC. 515. REPORT ON SERVICE TO MINORITY INDIVIDUALS.

‘‘(a) IN GENERAL.—The Secretary shall annually prepare a

report on the levels of participation and performance outcomes

of minority individuals served by the program carried out under

this title.

‘‘(b) CONTENTS.— ‘‘(1) ORGANIZATION AND DATA.—Such report shall present

information on the levels of participation and the outcomes

achieved by such minority individuals with respect to each

grantee under this title, by service area, and in the aggregate,

beginning with data that applies to program year 2005.

‘‘(2) EFFORTS.—The report shall also include a description

of each grantee’s efforts to serve minority individuals, based

on information submitted to the Secretary by each grantee

at such time and in such manner as the Secretary determines

to be appropriate.

‘‘(3) RELATED MATTERS.—The report shall also include—

‘‘(A) an assessment of individual grantees based on

the criteria established under subsection (c);

‘‘(B) an analysis of whether any changes in grantees

have affected participation rates of such minority individuals;

‘‘(C) information on factors affecting participation rates

among such minority individuals; and

‘‘(D) recommendations for increasing participation of

minority individuals in the program.

‘‘(c) CRITERIA.—The Secretary shall establish criteria for determining the effectiveness of grantees in serving minority individuals

in accordance with the goals set forth in section 502(a)(1).

‘‘(d) SUBMISSION.—The Secretary shall annually submit such

a report to the appropriate committees of Congress.

‘‘SEC. 516. SENSE OF CONGRESS.

‘‘It is the sense of Congress that—

‘‘(1) the older American community service employment

program described in this title was established with the intent

of placing older individuals in community service positions and

providing job training; and

‘‘(2) placing older individuals in community service positions strengthens the ability of the individuals to become selfsufficient, provides much-needed support to organizations that

benefit from increased civic engagement, and strengthens the

communities that are served by such organizations.

‘‘SEC. 517. AUTHORIZATION OF APPROPRIATIONS.

‘‘(a) IN GENERAL.—There are authorized to be appropriated

to carry out this title such sums as may be necessary for fiscal

years 2007, 2008, 2009, 2010, and 2011.

‘‘(b) OBLIGATION.—Amounts appropriated under this section for

any fiscal year shall be available for obligation during the annual

period that begins on July 1 of the calendar year immediately

following the beginning of such fiscal year and that ends on June

30 of the following calendar year. The Secretary may extend the

period during which such amounts may be obligated or expended

in the case of a particular organization or agency that receives

42 USC 3056o.

42 USC 3056n.

42 USC 3056m.

120 STAT. 2588 PUBLIC LAW 109–365—OCT. 17, 2006

funds under this title if the Secretary determines that such extension is necessary to ensure the effective use of such funds by

such organization or agency.

‘‘(c) RECAPTURING FUNDS.—At the end of the program year,

the Secretary may recapture any unexpended funds for the program

year, and reobligate such funds within the 2 succeeding program

years for—

‘‘(1) incentive grants to entities that are State grantees

or national grantees under section 502(b);

‘‘(2) technical assistance; or

‘‘(3) grants or contracts for any other activity under this

title.

‘‘SEC. 518. DEFINITIONS AND RULE.

‘‘(a) DEFINITIONS.—For purposes of this title:

‘‘(1) COMMUNITY SERVICE.—The term ‘community service’

means—

‘‘(A) social, health, welfare, and educational services

(including literacy tutoring), legal and other counseling

services and assistance, including tax counseling and

assistance and financial counseling, and library, recreational, and other similar services;

‘‘(B) conservation, maintenance, or restoration of natural resources;

‘‘(C) community betterment or beautification;

‘‘(D) antipollution and environmental quality efforts;

‘‘(E) weatherization activities;

‘‘(F) economic development; and

‘‘(G) such other services essential and necessary to

the community as the Secretary determines by rule to

be appropriate.

‘‘(2) COMMUNITY SERVICE EMPLOYMENT.—The term ‘community service employment’ means part-time, temporary employment paid with grant funds in projects described in section

502(b)(1)(D), through which eligible individuals are engaged

in community service and receive work experience and job

skills that can lead to unsubsidized employment.

‘‘(3) ELIGIBLE INDIVIDUAL.—

‘‘(A) IN GENERAL.—The term ‘eligible individual’ means

an individual who is age 55 or older and who has a low

income (including any such individual whose income is

not more than 125 percent of the poverty line), excluding

any income that is unemployment compensation, a benefit

received under title XVI of the Social Security Act (42

U.S.C. 1381 et seq.), a payment made to or on behalf

of veterans or former members of the Armed Forces under

the laws administered by the Secretary of Veterans Affairs,

or 25 percent of a benefit received under title II of the

Social Security Act (42 U.S.C. 401 et seq.), subject to subsection (b).

‘‘(B) PARTICIPATION.—

‘‘(i) EXCLUSION.—Notwithstanding any other provision of this paragraph, the term ‘eligible individual’

does not include an individual who has participated

in projects under this title for a period of 48 months

in the aggregate (whether or not consecutive) after

42 USC 3056p.

PUBLIC LAW 109–365—OCT. 17, 2006 120 STAT. 2589

July 1, 2007, unless the period was increased as

described in clause (ii).

‘‘(ii) INCREASED PERIODS OF PARTICIPATION.—The

Secretary shall authorize a grantee for a project to

increase the period of participation described in clause

(i), pursuant to a request submitted by the grantee,

for individuals who—

‘‘(I) have a severe disability;

‘‘(II) are frail or are age 75 or older;

‘‘(III) meet the eligibility requirements related

to age for, but do not receive, benefits under title

II of the Social Security Act (42 U.S.C. 401 et

seq.);

‘‘(IV) live in an area with persistent unemployment and are individuals with severely limited

employment prospects; or

‘‘(V) have limited English proficiency or low

literacy skills.

‘‘(4) INCOME.—In this section, the term ‘income’ means

income received during the 12-month period (or, at the option

of the grantee involved, the annualized income for the 6-month

period) ending on the date an eligible individual submits an

application to participate in a project carried out under this

title by such grantee.

‘‘(5) PACIFIC ISLAND AND ASIAN AMERICANS.—The term

‘Pacific Island and Asian Americans’ means Americans having

origins in any of the original peoples of the Far East, Southeast

Asia, the Indian Subcontinent, or the Pacific Islands.

‘‘(6) PROGRAM.—The term ‘program’ means the older American community service employment program established under

this title.

‘‘(7) SUPPORTIVE SERVICES.—The term ‘supportive services’

means services, such as transportation, child care, dependent

care, housing, and needs-related payments, that are necessary

to enable an individual to participate in activities authorized

under this title, consistent with the provisions of this title.

‘‘(8) UNEMPLOYED.—The term ‘unemployed’, used with

respect to a person or individual, means an individual who

is without a job and who wants and is available for work,

including an individual who may have occasional employment

that does not result in a constant source of income.

‘‘(b) RULE.—Pursuant to regulations prescribed by the Secretary, an eligible individual shall have priority for the community

service employment and other authorized activities provided under

this title if the individual—

‘‘(1) is 65 years of age or older; or

‘‘(2)(A) has a disability;

‘‘(B) has limited English proficiency or low literacy skills;

‘‘(C) resides in a rural area;

‘‘(D) is a veteran;

‘‘(E) has low employment prospects;

‘‘(F) has failed to find employment after utilizing services

provided under title I of the Workforce Investment Act of 1998

(29 U.S.C. 2801 et seq.); or

‘‘(G) is homeless or at risk for homelessness.’’.

120 STAT. 2590 PUBLIC LAW 109–365—OCT. 17, 2006

SEC. 502. EFFECTIVE DATE.

(a) IN GENERAL.—Title V of the Older Americans Act of 1965

(as amended by section 501) takes effect July 1, 2007.

(b) REGULATIONS AND EXPECTED LEVELS OF PERFORMANCE.—

(1) REGULATIONS.—Effective on the date of enactment of

this Act, the Secretary of Labor may issue rules and regulations

authorized in such title V.

(2) EXPECTED LEVELS OF PERFORMANCE.—Prior to July 1,

2007, the Secretary of Labor may carry out the activities

authorized in section 513(a)(2) of the Older Americans Act

of 1965 (as so amended), in preparation for program year 2007.

TITLE VI—NATIVE AMERICANS

SEC. 601. CLARIFICATION OF MAINTENANCE REQUIREMENT.

(a) IN GENERAL.—Section 614A of the Older Americans Act

of 1965 (42 U.S.C. 3057e–1) is amended by adding at the end

the following:

‘‘(c) CLARIFICATION.—

‘‘(1) DEFINITION.—In this subsection, the term ‘covered year’

means fiscal year 2006 or a subsequent fiscal year.

‘‘(2) CONSORTIA OF TRIBAL ORGANIZATIONS.—If a tribal

organization received a grant under this part for fiscal year

1991 as part of a consortium, the Assistant Secretary shall

consider the tribal organization to have received a grant under

this part for fiscal year 1991 for purposes of subsections (a)

and (b), and shall apply the provisions of subsections (a) and

(b)(1) (under the conditions described in subsection (b)) to the

tribal organization for each covered year for which the tribal

organization submits an application under this part, even if

the tribal organization submits—

‘‘(A) a separate application from the remaining members of the consortium; or

‘‘(B) an application as 1 of the remaining members

of the consortium.’’.

(b) EFFECTIVE DATE.—The amendment made by subsection (a)

shall apply to grants awarded under part A of title VI of the

Older Americans Act of 1965 (42 U.S.C. 3057b et seq.) during

the grant period beginning April 1, 2008, and all subsequent grant

periods.

SEC. 602. NATIVE AMERICANS CAREGIVER SUPPORT PROGRAM.

Section 643 of the Older Americans Act of 1965 (42 U.S.C.

3057n) is amended—

(1) in paragraph (1), by striking ‘‘2001’’ and inserting

‘‘2007’’; and

(2) in paragraph (2), by striking ‘‘$5,000,000’’ and all that

follows through the period at the end and inserting ‘‘$6,500,000

for fiscal year 2007, $6,800,000 for fiscal year 2008, $7,200,000

for fiscal year 2009, $7,500,000 for fiscal year 2010, and

$7,900,000 for fiscal year 2011.’’.

42 USC 3057e–1

note.

42 USC 3056

note.

PUBLIC LAW 109–365—OCT. 17, 2006 120 STAT. 2591

TITLE VII—ALLOTMENTS FOR VULNERABLE ELDER RIGHTS PROTECTION

ACTIVITIES

SEC. 701. VULNERABLE ELDER RIGHTS PROTECTION ACTIVITIES.

Section 702 of the Older Americans Act of 1965 (42 U.S.C.

3058a) is amended by striking ‘‘2001’’ each place it appears and

inserting ‘‘2007’’.

SEC. 702. ELDER ABUSE, NEGLECT, AND EXPLOITATION.

Section 721 of the Older Americans Act of 1965 (42 U.S.C.

3058i) is amended—

(1) in subsection (a), by striking ‘‘programs for the prevention of’’ and inserting ‘‘programs to address’’;

(2) in subsection (b)—

(A) in the matter preceding paragraph (1), by

striking ‘‘programs for’’ and all that follows through

‘‘including—’’ and inserting the following: ‘‘programs for

the prevention, detection, assessment, and treatment of,

intervention in, investigation of, and response to elder

abuse, neglect, and exploitation (including financial exploitation), including—’’;

(B) by redesignating paragraphs (2) through (8) as

paragraphs (3) through (9), respectively;

(C) by inserting after paragraph (1) the following:

‘‘(2) providing for public education and outreach to promote

financial literacy and prevent identity theft and financial exploitation of older individuals;’’;

(D) in paragraph (8), as redesignated by subparagraph

(B), by striking ‘‘and’’ at the end;

(E) in paragraph (9), as redesignated by subparagraph

(B), by striking the period and inserting a semicolon; and

(F) by adding at the end the following:

‘‘(10) examining various types of shelters serving older

individuals (in this paragraph referred to as ‘safe havens’),

and testing various safe haven models for establishing safe

havens (at home or elsewhere), that recognize autonomy and

self-determination, and fully protect the due process rights

of older individuals;

‘‘(11) supporting multidisciplinary elder justice activities,

such as—

‘‘(A) supporting and studying team approaches for

bringing a coordinated multidisciplinary or interdisciplinary response to elder abuse, neglect, and exploitation,

including a response from individuals in social service,

health care, public safety, and legal disciplines;

‘‘(B) establishing a State coordinating council, which

shall identify the individual State’s needs and provide the

Assistant Secretary with information and recommendations

relating to efforts by the State to combat elder abuse,

neglect, and exploitation;

‘‘(C) providing training, technical assistance, and other

methods of support to groups carrying out multidisciplinary

efforts at the State (referred to in some States as ‘State

Working Groups’);

120 STAT. 2592 PUBLIC LAW 109–365—OCT. 17, 2006

‘‘(D) broadening and studying various models for elder

fatality and serious injury review teams, to make recommendations about their composition, protocols, functions,

timing, roles, and responsibilities, with a goal of producing

models and information that will allow for replication based

on the needs of States and communities (other than the

ones in which the review teams were used); and

‘‘(E) developing best practices, for use in long-term

care facilities, that reduce the risk of elder abuse for residents, including the risk of resident-to-resident abuse; and

‘‘(12) addressing underserved populations of older individuals, such as—

‘‘(A) older individuals living in rural locations;

‘‘(B) older individuals in minority populations; or

‘‘(C) low-income older individuals.’’;

(3) in subsection (e)(2)—

(A) by striking ‘‘subsection (b)(8)(B)(i)’’ and inserting

‘‘subsection (b)(9)(B)(i)’’; and

(B) by striking ‘‘subsection (b)(8)(B)(ii)’’ and inserting

‘‘subsection (b)(9)(B)(ii)’’; and

(4) by adding at the end of the section the following:

‘‘(h) ACCOUNTABILITY MEASURES.—The Assistant Secretary

shall develop accountability measures to ensure the effectiveness

of the activities carried out under this section.

‘‘(i) EVALUATING PROGRAMS.—The Assistant Secretary shall

evaluate the activities carried out under this section, using funds

made available under section 206(g).

‘‘(j) COMPLIANCE WITH APPLICABLE LAWS.—In order to receive

funds made available to carry out this section, an entity shall

comply with all applicable laws, regulations, and guidelines.’’.

SEC. 703. NATIVE AMERICAN ORGANIZATION PROVISIONS.

Section 751 of the Older Americans Act of 1965 (42 U.S.C.

3058aa) is amended—

(1) in subsection (a)—

(A) in paragraph (1), by striking ‘‘and’’ at the end;

(B) in paragraph (2), by striking the period and

inserting ‘‘; and’’; and

(C) by adding at the end the following:

‘‘(3) enabling the eligible entities to support multidisciplinary elder justice activities, such as—

‘‘(A) establishing a coordinating council, which shall

identify the needs of an individual Indian tribe or other

Native American group and provide the Assistant Secretary

with information and recommendations relating to efforts

by the Indian tribe or the governing entity of the Native

American group to combat elder abuse, neglect, and exploitation;

‘‘(B) providing training, technical assistance, and other

methods of support to groups carrying out multidisciplinary

efforts for an Indian tribe or other Native American group;

and

‘‘(C) broadening and studying various models for elder

fatality and serious injury review teams, to make recommendations about their composition, protocols, functions,

timing, roles, and responsibilities, with a goal of producing

models and information that will allow for replication based

PUBLIC LAW 109–365—OCT. 17, 2006 120 STAT. 2593

on the needs of Indian tribes and other Native American

groups (other than the ones in which the review teams

were used).’’;

(2) in subsection (b), by striking ‘‘this subtitle’’ and inserting

‘‘this section’’; and

(3) in subsection (d)—

(A) by striking ‘‘this section’’ and inserting ‘‘this subtitle’’; and

(B) by striking ‘‘2001’’ and inserting ‘‘2007’’.

SEC. 704. ELDER JUSTICE PROGRAMS.

Subtitle B of title VII of the Older Americans Act of 1965

(42 U.S.C. 3058aa) is amended—

(1) by striking the subtitle heading and inserting the following:

‘‘Subtitle B—Native American Organization and Elder Justice Provisions’’;

and

(2) by inserting after section 751 the following:

‘‘SEC. 752. GRANTS TO PROMOTE COMPREHENSIVE STATE ELDER JUSTICE SYSTEMS.

‘‘(a) PURPOSE AND AUTHORITY.—For each fiscal year, the Assistant Secretary may make grants to States, on a competitive basis,

in accordance with this section, to promote the development and

implementation, within each such State, of a comprehensive elder

justice system, as defined in subsection (b).

‘‘(b) COMPREHENSIVE ELDER JUSTICE SYSTEM DEFINED.—In this

section, the term ‘comprehensive elder justice system’ means an

integrated, multidisciplinary, and collaborative system for preventing, detecting, and addressing elder abuse, neglect, and exploitation in a manner that—

‘‘(1) provides for widespread, convenient public access to

the range of available elder justice information, programs, and

services;

‘‘(2) coordinates the efforts of public health, social service,

and law enforcement authorities, as well as other appropriate

public and private entities, to identify and diminish duplication

and gaps in the system;

‘‘(3) provides a uniform method for the standardization,

collection, management, analysis, and reporting of data; and

‘‘(4) provides such other elements as the Assistant Secretary

determines appropriate.

‘‘(c) APPLICATIONS.—To be eligible to receive a grant under

this section for a fiscal year, a State shall submit an application

to the Assistant Secretary, at such time, in such manner, and

containing such information and assurances as the Assistant Secretary determines appropriate.

‘‘(d) AMOUNT OF GRANTS.—The amount of a grant to a State

with an application approved under this section for a fiscal year

shall be such amount as the Assistant Secretary determines appropriate.

‘‘(e) USE OF FUNDS.—

42 USC

3058aa–1.

120 STAT. 2594 PUBLIC LAW 109–365—OCT. 17, 2006

‘‘(1) IN GENERAL.—A State that receives a grant under

this section shall use funds made available through such grant

to promote the development and implementation of a comprehensive elder justice system by—

‘‘(A) establishing formal working relationships among

public and private providers of elder justice programs,

service providers, and stakeholders in order to create a

unified elder justice network across such State to coordinate

programmatic efforts;

‘‘(B) facilitating and supporting the development of

a management information system and standard data elements;

‘‘(C) providing for appropriate education (including educating the public about the range of available elder justice

information, programs, and services), training, and technical assistance; and

‘‘(D) taking such other steps as the Assistant Secretary

determines appropriate.

‘‘(2) MAINTENANCE OF EFFORT.—Funds made available to

States pursuant to this section shall be used to supplement

and not supplant other Federal, State, and local funds expended

to support activities described in paragraph (1).’’.

SEC. 705. RULE OF CONSTRUCTION.

Subtitle C of title VII of the Older Americans Act of 1965

(42 U.S.C. 3058bb et seq.) is amended by adding at the end the

following:

‘‘SEC. 765. RULE OF CONSTRUCTION.

‘‘Nothing in this title shall be construed to interfere with or

abridge the right of an older individual to practice the individual’s

religion through reliance on prayer alone for healing, in a case

in which a decision to so practice the religion—

‘‘(1) is contemporaneously expressed by the older

individual—

‘‘(A) either orally or in writing;

‘‘(B) with respect to a specific illness or injury that

the older individual has at the time of the decision; and

‘‘(C) when the older individual is competent to make

the decision;

‘‘(2) is set forth prior to the occurrence of the illness or

injury in a living will, health care proxy, or other advance

directive document that is validly executed and applied under

State law; or

‘‘(3) may be unambiguously deduced from the older individual’s life history.’’.

TITLE VIII—FEDERAL YOUTH

DEVELOPMENT COUNCIL

SEC. 801. SHORT TITLE.

This title may be cited as the ‘‘Tom Osborne Federal Youth

Coordination Act’’.

Tom Osborne

Federal Youth

Coordination Act.

42 USC 3058ff.

PUBLIC LAW 109–365—OCT. 17, 2006 120 STAT. 2595

SEC. 802. ESTABLISHMENT AND MEMBERSHIP.

(a) ESTABLISHMENT.—There is established the Federal Youth

Development Council (in this title referred to as the ‘‘Council’’).

(b) MEMBERS AND TERMS.— (1) FEDERAL EMPLOYEE MEMBERS.—The members of the

Council shall include the Attorney General, the Secretary of

Agriculture, the Secretary of Labor, the Secretary of Health

and Human Services, the Secretary of Housing and Urban

Development, the Secretary of Education, the Secretary of the

Interior, the Secretary of Commerce, the Secretary of Defense,

the Director of National Drug Control Policy, and the Chief

Executive Officer of the Corporation for National and Community Service, or a designee of each such individual who holds

significant decision-making authority, and other Federal officials as directed by the President.

(2) ADDITIONAL MEMBERS.— (A) IN GENERAL.—The members of the Council shall

include any additional members as the President shall

appoint from among representatives of community-based

organizations, including faith-based organizations, child

and youth focused foundations, institutions of higher education, non-profit organizations, youth service providers,

State and local government, and youth in disadvantaged

situations.

(B) CONSULTATION.—In making the appointments

under this paragraph, the President, as determined appropriate by the President, shall consult with—

(i) the Speaker of the House of Representatives,

who shall take into account the recommendations of

the majority leader and the minority leader of the

House of Representatives; and

(ii) the president pro tempore of the Senate, who

shall take into account the recommendations of the

majority leader and the minority leader of the Senate.

(3) LENGTH OF TERM.—Each member of the Council shall

serve for the life of the Council.

(c) COMPENSATION AND TRAVEL EXPENSES.—

(1) NO COMPENSATION FOR SERVICE ON COUNCIL.—Each

member of the Council appointed under section 802 who is

not an officer or employee of the United States shall not receive

pay by reason of the member’s service on the Council, and

shall not be considered an employee of the Federal Government

by reason of such service. Each member of the Council who

is an officer or employee of the United States shall serve

without compensation in addition to that received for the member’s service as an officer or employee of the United States.

(2) TRAVEL AND TRANSPORTATION EXPENSES.—Each member

of the Council may be allowed travel or transportation expenses

in accordance with section 5703 of title 5, United States Code,

while away from the member’s home or regular place of business in the performance of services for the Council.

(d) CHAIRPERSON.—The Chairperson of the Council shall be

the Secretary of Health and Human Services.

(e) MEETINGS.—The Council shall meet at the call of the Chairperson, not less frequently than 4 times each year. The first meeting

shall be not less than 4 months after the date of enactment of

this Act.

President.

120 STAT. 2596 PUBLIC LAW 109–365—OCT. 17, 2006

SEC. 803. DUTIES OF THE COUNCIL.

(a) IN GENERAL.—The duties of the Council shall be to provide

advice and recommendations, including—

(1) ensuring communication among agencies administering

programs designed to serve youth, especially those in disadvantaged situations;

(2) assessing the needs of youth, especially those in disadvantaged situations, and those who work with youth, and

the quantity and quality of Federal programs offering services,

supports, and opportunities to help youth in their educational,

social, emotional, physical, vocational, and civic development,

in coordination with the Federal Interagency Forum on Child

and Family Statistics;

(3) recommending quantifiable goals and objectives for such

programs;

(4) making recommendations for the allocation of resources

in support of such goals and objectives;

(5) identifying possible areas of overlap or duplication in

the purpose and operation of programs serving youth and recommending ways to better facilitate the coordination and consultation among, and improve the efficiency and effectiveness

of, such programs;

(6) identifying target populations of youth who are disproportionately at risk and assisting agencies in focusing additional resources on such youth;

(7) developing a plan, including common indicators of youth

well-being that are consistent with the indicators tracked by

the Federal Interagency Forum on Child and Family Statistics,

and assisting Federal agencies, at the request of 1 or more

such agencies, in coordinating to achieve the goals and objectives described in paragraph (3);

(8) assisting Federal agencies, at the request of 1 or more

such agencies, in collaborating on—

(A) model programs and demonstration projects

focusing on special populations, including youth in foster

care and migrant youth;

(B) projects to promote parental involvement; and

(C) projects that work to involve young people in

service programs;

(9) soliciting and documenting ongoing input and recommendations from—

(A) youth, especially youth in disadvantaged situations;

(B) national youth development experts, researchers,

parents, community-based organizations, including faithbased organizations, foundations, business leaders, youth

service providers, and teachers; and

(C) State and local government agencies, particularly

agencies serving children and youth; and

(10) working with Federal agencies—

(A) to promote high-quality research and evaluation,

identify and replicate model programs and promising practices, and provide technical assistance relating to the needs

of youth; and

(B) to coordinate the collection and dissemination of

youth services-related data and research.

PUBLIC LAW 109–365—OCT. 17, 2006 120 STAT. 2597

(b) TECHNICAL ASSISTANCE.—The Council may provide technical

assistance to a State at the request of a State to support a Statefunded council for coordinating State youth efforts.

SEC. 804. COORDINATION WITH EXISTING INTERAGENCY COORDINATION ENTITIES.

In carrying out the duties described in section 803, the Council

shall coordinate the efforts of the Council with other Federal, State,

and local coordinating entities in order to complement and not

duplicate efforts, including the following:

(1) Coordinating with the Federal Interagency Forum on

Child and Family Statistics, established under Executive Order

13045 (42 U.S.C. 4321 note; relating to protection of children

from environmental health risks and safety risks), on matters

pertaining to data collection.

(2) Coordinating with the United States Interagency

Council on Homelessness, established under section 201 of the

McKinney-Vento Homeless Assistance Act (42 U.S.C. 11311),

on matters pertaining to homelessness.

(3) Coordinating with the Coordinating Council on Juvenile

Justice and Delinquency Prevention, established under section

206 of the Juvenile Justice and Delinquency Prevention Act

of 1974 (42 U.S.C. 5616), on matters pertaining to programs

for at-risk youth.

SEC. 805. ASSISTANCE OF STAFF.

(a) DESIGNATION OF INDIVIDUAL.—The Chairperson is authorized to designate an individual to have responsibility for assisting

in carrying out the duties of the Council under this title.

(b) STAFF OF FEDERAL AGENCIES.—Upon request of the Council,

the head of any Federal department or agency may detail, on

a reimbursable or nonreimbursable basis, any of the personnel

of the department or agency to the Council to assist in carrying

out the Council’s duties under this title.

SEC. 806. POWERS OF THE COUNCIL.

(a) MAILS.—The Council may use the United States mails in

the same manner and under the same conditions as other departments and agencies of the United States.

(b) ADMINISTRATIVE SUPPORT SERVICES.—Upon the request of

the Council, the Administrator of General Services shall provide

to the Council, on a reimbursable basis, the administrative support

services necessary for the Council to carry out its responsibilities

under this title.

SEC. 807. REPORT.

(a) INTERIM REPORT.—Not later than 1 year after the first

meeting of the Council, the Council shall transmit to the relevant

committees of Congress an interim report of the findings of the

Council.

(b) FINAL REPORT.—Not later than 2 years after the first

meeting of the Council, the Council shall transmit to the relevant

committees of Congress a final report of the Council’s findings

and recommendations, which report shall—

(1) include a comprehensive list of recent research and

statistical reporting by various Federal agencies on the overall

well-being of youth;

120 STAT. 2598 PUBLIC LAW 109–365—OCT. 17, 2006

(2) include the assessment of the needs of youth and those

who serve youth;

(3) include a summary of the plan described in section

803(a)(7);

(4) recommend ways to coordinate and improve Federal

training and technical assistance, information sharing, and

communication among the various Federal programs and agencies serving youth, as the Chairperson determines appropriate;

(5) include recommendations to better integrate and coordinate policies across agencies at the Federal, State, and local

levels, including any recommendations the Chairperson determines appropriate, if any, for legislation and administrative

actions;

(6) include a summary of actions the Council has taken

at the request of Federal agencies to facilitate collaboration

and coordination on youth serving programs and the results

of those collaborations, if available;

(7) include a summary of the action the Council has taken

at the request of States to provide technical assistance under

section 803(b), if applicable; and

(8) include a summary of the input and recommendations

from the groups identified in section 803(a)(9).

SEC. 808. TERMINATION.

The Council shall terminate 60 days after transmitting the

final report under section 807(b).

SEC. 809. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated to carry out this title

$1,000,000 for each of the fiscal years 2007 and 2008.

TITLE IX—CONFORMING AMENDMENTS

SEC. 901. CONFORMING AMENDMENTS TO OTHER ACTS.

(a) OLDER AMERICANS ACT AMENDMENTS OF 1987.—Section

205(1) of the Older Americans Act Amendments of 1987 (42 U.S.C.

3001 note) is amended by striking ‘‘section 102(17) of the Older

Americans Act of 1965 (42 U.S.C. 3002(17))’’ and inserting ‘‘section

102 of the Older Americans Act of 1965 (42 U.S.C. 3002)’’.

PUBLIC LAW 109–365—OCT. 17, 2006 120 STAT. 2599

LEGISLATIVE HISTORY—H.R. 6197:

CONGRESSIONAL RECORD, Vol. 152 (2006):

Sept. 28, considered and passed House.

Sept. 29, considered and passed Senate.

Æ

(b) ENERGY CONSERVATION AND PRODUCTION ACT.—Section

412(6) of the Energy Conservation and Production Act (42 U.S.C.

6862(6)) is amended by striking ‘‘paragraphs (4), (5), and (6), respectively, of section 102’’ and inserting ‘‘section 102’’.

Approved October 17, 2006.