49–006 

109TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 109–493 

SENIOR INDEPENDENCE ACT OF 2006 

JUNE 8, 2006.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. MCKEON, from the Committee on Education and the 

Workforce, submitted the following 

R E P O R T 

together with 

ADDITIONAL VIEWS 

[To accompany H.R. 5293] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Education and the Workforce, to whom was 

referred the bill (H.R. 5293) to amend the Older Americans Act of 

1965 to authorize appropriations for fiscal years 2007 through 

2011, and for other purposes, having considered the same, report 

favorably thereon with an amendment and recommend that the bill 

as amended do pass. 

CONTENTS 

Page 

Purpose ..................................................................................................................... 31

Committee Action .................................................................................................... 31 

Summary .................................................................................................................. 34 

Committee Statement and Views ........................................................................... 40 

References ................................................................................................................ 65 

Section-by-Section Analysis .................................................................................... 66 

Explanation of Amendments ................................................................................... 70 

Rollcall Votes ............................................................................................................ 71 

Correspondence ........................................................................................................ 73 

Application of Law to the Legislative Branch ....................................................... 74 

Statement of Oversight Findings and Recommendations of the Committee ...... 74 

Statement of General Performance Goals and Objectives .................................... 74 

Constitutional Authority Statement ...................................................................... 74 

Federal Advisory Committee Act ............................................................................ 74 

Unfunded Mandate Statement ............................................................................... 74 

Committee Estimate ................................................................................................ 74 

Budget Authority and Congressional Budget Office Cost Estimate .................... 75 


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Changes in Existing Law Made by the Bill as Reported ...................................... 77 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Senior Independence Act of 

2006’’. (b) TABLE OF CONTENTS.—The table of contents of this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

Sec. 3. Establishment of Administration on Aging. 

Sec. 4. Functions of the Assistant Secretary. 

Sec. 5. Federal agency consultation. 

Sec. 6. Administration. 

Sec. 7. Evaluation. 

Sec. 8. Reports. 

Sec. 9. Contractual, commercial and private pay relationships; appropriate use of Act funds. 

Sec. 10. Nutrition education. 

Sec. 11. Pension counseling and information programs. 

Sec. 12. Authorization of appropriations. 

Sec. 13. Purpose; administration. 

Sec. 14. Authorization of appropriations; uses of funds. 

Sec. 15. Organization. 

Sec. 16. Area plans. 

Sec. 17. State plans. 

Sec. 18. Payments. 

Sec. 19. Nutrition services incentive program. 

Sec. 20. Consumer contributions. 

Sec. 21. Supportive services and senior centers program. 

Sec. 22. Nutrition service. 

Sec. 23. Congregate nutrition program. 

Sec. 24. Home delivered nutrition services. 

Sec. 25. Criteria. 

Sec. 26. Nutrition. 

Sec. 27. Evaluation of nutrition projects. 

Sec. 28. Improving indoor air quality to buildings where seniors congregate. 

Sec. 29. Caregiver support program definitions. 

Sec. 30. Caregiver support program. 

Sec. 31. Activities of national significance. 

Sec. 32. Title IV grant programs. 

Sec. 33. Career preparation for the field of aging. 

Sec. 34. Health care service demonstration projects in rural areas. 

Sec. 35. Demonstration projects for multigenerational activities. 

Sec. 36. Native American programs. 

Sec. 37.Responsibilities of Assistant Secretary. 

Sec. 38. Community service employment-based training for older Americans. 

Sec. 39. Native Americans caregiver support program. 

Sec. 40. Vulnerable elder rights protection activities. 

Sec. 41. Native American organization provisions. 

Sec. 42. Elder abuse, neglect, and exploitation prevention. 

Sec. 43. Technical amendments. 

SEC. 2. DEFINITIONS. 

Section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002) is amended— (1) by amending paragraph (10) to read as follows: 

‘‘(10) The terms ‘assistive device’, ‘assistive technology’, and ‘assistive technology service’ have the meanings given such terms in section 3 of the Assistive 

Technology Act of 1998 (29 U.S.C. 3002).’’. (2) by amending paragraph (12)(D) to read as follows: ‘‘(D) evidence-based health promotion programs, including programs related to the prevention and mitigation of the effects of chronic disease (including osteoporosis, hypertension, obesity, diabetes, and cardiovascular 

disease), alcohol and substance abuse reduction, smoking cessation, weight 

loss and control, stress management, falls prevention, physical activity, and 

improved nutrition through the consumption of a healthful diet and multivitamin-mineral supplementation;’’, 

(3) in paragraph (29)(E)—

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

(B) in clause (ii) by striking the period at the end and inserting ‘‘; and’’, 

and 

(C) by adding at the end the following: 

‘‘(iii) older individuals at risk for institutional placement.’’, 

(4) by amending paragraph (24) to read as follows: 

‘‘(24) The term ‘exploitation’ means the fraudulent or otherwise illegal, unauthorized, or improper act or process of an individual that uses the resources of 

an older individual for monetary or personal benefit, profit, or gain, or that results in depriving an older individual of rightful access to, or use of, benefits, 

resources, belongings, or assets.’’, 

(5) by amending paragraph (34) to read as follows: 


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‘‘(34) The term ‘neglect’ means— ‘‘(A) the failure of a caregiver or fiduciary to provide goods or services 

that are necessary to maintain the health or safety of an elder; or ‘‘(B) self neglect.’’. (6) by redesignating paragraphs (1) through (43) as paragraphs (43), (7), (48), 

(37), (25), (26), (52), (13), (46), (8), (28), (12), (1), (2), (3), (5), (6), (10), (24), (35), 

(11), (14), (15), (17), (19), (20), (21), (22), (27), (29), (30), (32) (33), (36), (38), (39), 

(40), (41), (42), (49), (51), (18), and (47), respectively, 

(7) by transferring such paragraphs so as to arrange them in numerical order 

as so redesignated, 

(8) by inserting after paragraph (3), as so redesignated the following: 

‘‘(4) The term ‘Aging and Disability Resource Center’ means a program established by a State as part of the State’s system of long-term care, to provide a 

coordinated system for providing— ‘‘(A) comprehensive information on available public and private long-term 

care programs, options, and resources; ‘‘(B) personal counseling to assist individuals in assessing their existing 

or anticipated long-term care needs, and developing and implementing a 

plan for long-term care designed to meet their specific needs and circumstances; and ‘‘(C) consumer access to the range of publicly-supported long-term care 

programs for which they may be eligible, by serving as a convenient point 

of entry for such programs.’’, 

(9) by inserting after paragraph (8), as so redesignated, the following: 

‘‘(9) The term ‘at risk for institutional placement’ means, with respect to an 

older individual, that such individual is unable to perform at least two activities 

of daily living without substantial human assistance (including verbal reminding, physical cuing, or supervision) and is determined by the State to be in need 

of placement in a long-term care facility.’’, 

(10) by inserting after paragraph (15), as so redesignated, the following: 

‘‘(16) The term ‘elder justice’ means efforts to prevent, detect, treat, intervene 

in, and respond to elder abuse, neglect, and exploitation and to protect elders 

with diminished capacity while maximizing their autonomy.’’, 

(11) by inserting after paragraph (22), as so redesignated, the following: 

‘‘(23) The term ‘Hispanic serving institution’ has the meaning as defined in 

section 502 of the Higher Education Act of 1965 (20 U.S.C. 1101A).’’, 

(12) by inserting after paragraph (30), as so redesignated, the following: 

‘‘(31) The term ‘long-term care’ means any services, care, or items (including 

assistive devices), including disease prevention and health promotion services, 

in-home services, and case management service—

‘‘(A) intended to assist individuals in coping with, and to the extent practicable compensate for, functional impairments in carrying out activities of 

daily living; 

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

community care setting as defined in subsection (g)(1), and a large community care setting as defined in subsection (h)(1), of section 1929 of the Social 

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

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

or condition.’’, 

(13) by inserting after paragraph (33), as so redesignated, the following: 

‘‘(34) The term ‘multivitamin-mineral supplement’ means a dietary supplement that provides at least two-third’s of the essential vitamins and minerals 

at 100 percent of the daily value levels as determined by the Food and Drug 

Administration.’’, 

(14) by inserting after paragraph (43), as so redesignated, the following: 

‘‘(44) The term ‘self-directed care’ means an approach to providing services 

(including programs, benefits, supports, and technology) under this Act intended 

to an older individual to assist such individual with activities of daily living, 

in which 

‘‘(A) such services (including the amount, duration, scope, provider, and 

location of such services) are planned, budgeted, and purchased under the 

direction and control of such individual; 

‘‘(B) such individual is provided with such information and assistance as 

necessary and appropriate to enable such individual to make informed decisions about his or her care options; 

‘‘(C) the needs, capabilities, and preferences of such individual with respect to such services, and such individual’s ability to direct and control his 

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

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


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‘‘(D) based on the assessment made under subparagraph (C), the area 

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

develops together with such individual and his or her family, caregiver, or 

legal representative— ‘‘(i) a plan of services for such individual that specifies which services 

such individual will be responsible for directing; ‘‘(ii) a determination of the role of family members (and others whose 

participation is sought by such individual) in providing services under 

such plan; and ‘‘(iii) a budget for such services; and ‘‘(E) the area agency on aging or State agency provides for oversight of 

such individual’s self-directed receipt of services, including steps to ensure 

the quality of services provided and the appropriate use of funds under this 

Act. ‘‘(45) The term ‘self-neglect’ means an adult’s inability, due to physical or 

mental impairment or diminished capacity, to perform essential self-care tasks 

including— ‘‘(A) obtaining essential food, clothing, shelter, and medical care; 

‘‘(B) obtaining goods and services necessary to maintain physical health, 

mental health, or general safety; or ‘‘(C) managing one’s own financial affairs.’’, and 

(15) by inserting after paragraph (49), as so redesignated, the following: 

‘‘(50) The term ‘State system of long-term care’ means the Federal, State, and 

local programs and activities administered by a State that provide, support, or 

facilitate access to long-term care to individuals in such State.’’. 

SEC. 3. ESTABLISHMENT OF ADMINISTRATION ON AGING. 

Section 201 of the Older Americans Act of 1965 (42 U.S.C. 3011) is amended by 

adding at the end the following: ‘‘(e)(1) The Assistant Secretary may designate within the Administration responsibility for elder abuse prevention and services. ‘‘(2) It shall be the duty of the assistant secretary, acting through the person designated with responsibility for elder abuse prevention and services, to develop objectives, priorities, policy, and a long-term plan for— ‘‘(A) carrying out elder justice programs and activities relating to— ‘‘(i) elder abuse prevention, detection, treatment, and intervention, and 

response; ‘‘(ii) training of individuals regarding the matters described in clause (i); 

and ‘‘(iii) the improvement of the elder justice system in the United States; ‘‘(B) collecting and disseminating data relating to the abuse, neglect, and exploitation of older individuals; 

‘‘(C) disseminating information concerning best practices regarding, and providing training on, carrying out activities related to abuse, neglect, and exploitation of older individuals; 

‘‘(D) conducting research related to abuse, neglect, and exploitation of older 

individuals; 

‘‘(E) providing technical assistance to States and other eligible entities under 

title VII; 

‘‘(F) assisting States and other eligible entities under title VII to develop strategic plans to better coordinate elder justice activities, research, and training; 

and 

‘‘(G) promoting collaborative efforts and diminishing duplicative efforts in the 

development and carrying out of elder justice programs at the Federal, State, 

and local levels.’’. 

SEC. 4. FUNCTIONS OF THE ASSISTANT SECRETARY. 

Section 202 of the Older Americans Act of 1965 (42 U.S.C. 3012) is amended—

(1) in subsection (a)—

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

(B) in paragraph (12)—

(i) by striking ‘‘(12)’’ and inserting the following: 

‘‘(12)(A) consult and coordinate activities with the Centers for Medicare & 

Medicaid Services and other federal entities to implement and build awareness 

of programs providing benefits affecting older individuals; and 

‘‘(B)’’, 

(C) in paragraph (20)—

(i) by striking ‘‘and area agencies on aging’’ and inserting ‘‘, area 

agencies on aging, and service providers’’, 

(ii) by striking ‘‘and benefits’’ and inserting ‘‘benefits’’, 


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(iii) by inserting ‘‘benefits under any other applicable Federal program, or any other service (including technology and internet-based decision support tools) to assist consumers to learn about, to receive benefits under, and to participate in programs for which they may be eligible’’ after ‘‘(7 U.S.C. 2011 et seq.),’’, (iv) by inserting ‘‘(A)’’ after ‘‘(20)’’, and 

(v) by adding at the end the following: ‘‘(B) provide technical assistance and support for benefits enrollment assistance and outreach to support existing efforts to inform and enroll older individuals who may be eligible to participate, but who are not participating, in programs for which they are eligible, and may in cooperation with Federal partners, establish a National Center on Senior Benefits Outreach and Enrollment, 

which shall— ‘‘(i) develop, maintain, and update web-based decision supports and enrollment tools and integrated, person-centered systems designed to inform 

older individuals about the full range of benefits for which they may be eligible; ‘‘(ii) utilize strategies to find and enroll those with greatest economic 

need; ‘‘(iii) create and support efforts for Aging and Disability Resource Centers, and other public and private state and community-based organizations, including faith-based organizations, to serve as enrollment benefit 

centers; 

‘‘(iv) develop and maintain an information clearinghouse on best practices 

and cost-effective methods for enrolling limited income older Americans in 

benefits for which they are eligible; and 

‘‘(v) provide, in collaboration with Federal partners administering programs, training and technical assistance on effective outreach, screening, 

enrollment and follow-up strategies.’’, 

(D) in paragraph (26)—

(i) in subsection (D)—

(I) by striking ‘‘gaps in’’, and 

(II) by inserting ‘‘(including services that would permit such individuals to receive long-term care in home and community-based 

settings)’’ after ‘‘individuals’’, and 

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

(E) in paragraph (27)—

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

(ii) in subparagraph (C) by striking the semicolon and inserting a period, and 

(iii) by striking subparagraph (D), and 

(F) by adding at the end the following: 

‘‘(28) make available to States information and technical assistance to support 

the provision of evidence-based disease prevention and health promotion services.’’, and 

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

‘‘(b) To promote the development and implementation of comprehensive, coordinated systems at Federal, State, and local levels for providing long-term care in 

home and community-based settings, in a manner responsive to the needs and preferences of older individuals and their family caregivers, the Assistant Secretary 

shall, consistent with the applicable provisions of this title—

‘‘(1) collaborate, coordinate, and consult with other Federal agencies and departments responsible for formulating and implementing programs, benefits, 

and services related to providing long-term care, and may make grants, contracts, and cooperative agreements with funds received from other Federal entities; 

‘‘(2) conduct research and demonstration projects to identify innovative, costeffective strategies for modifying State systems of long-term care to—

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

caregivers; and 

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

permit such individuals to remain in home and community-based care settings; 

‘‘(3) establish criteria and promote the implementation (through area agencies 

on aging, service providers, and such other entities as the Assistant Secretary 

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

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

older individuals; 


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‘‘(4) facilitate, in coordination with the Centers for Medicare & Medicaid Services, the provision of long-term care in home and community-based settings, including the provision of self-directed care models that— ‘‘(A) provide for the assessment of the needs and preferences of an individual at risk for institutional placement to help such individual avoid unnecessary nursing home placement and depletion of income and assets to 

qualify for Medicaid eligibility; ‘‘(B) respond to the needs and preferences of such individual and provide 

the option for the individual (or representative, as appropriate) to direct 

and control the receipt of support services provided; ‘‘(C) assist an older individual (or a representative, as appropriate) develop a plan for long-term support, including the selecting, budgeting, and 

purchasing of home and community-based long-term care and supportive 

services; 

(for purposes of this paragraph, the term ‘representative’ means a person appointed by the eligible individual, or legally acting on the individual’s behalf, 

to represent or advise the individual in financial or service coordination matters); ‘‘(5) provide for the Administration to play a lead role with respect to issues 

concerning home and community-based long-term care, including— ‘‘(A) directing (as the Secretary or the President determines to be appropriate) or otherwise participating in departmental and interdepartmental 

activities concerning long-term care; 

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

policies related to providing long-term care; and 

‘‘(C) making recommendations to the Secretary with respect to home and 

community-based long-term care, including recommendations based on findings made through projects conducted under paragraph (2); 

‘‘(6) promote, in coordination with other appropriate Federal agencies, enhanced awareness by the public of the importance of planning in advance for 

long-term care and the availability of information and resources to assist in 

such planning; 

‘‘(7) implement in all states Aging and Disability Resource Centers—

‘‘(A) to serve as visible and trusted sources of information on the full 

range of long-term care options that are available in the community, including both institutional and home and community-based care; 

‘‘(B) to provide personalized and consumer friendly assistance to empower 

people to make informed decisions about their care options; 

‘‘(C) to provide coordinated and streamlined access to all publicly supported long-term care options so that consumers can obtain the care they 

need though a single intake, assessment and eligibility determination process; 

‘‘(D) to help people to plan ahead for their future long-term care needs; 

and 

‘‘(E) to assist, in coordination with the State Health Insurance Assistance 

Program, Medicare beneficiaries in understanding and accessing the Prescription Drug Coverage and preventative health benefits available under 

the Medicare Modernization Act; 

‘‘(8) establish, either directly or through grants or contracts, a national technical assistance program to assist State agencies, area agencies on aging, and 

community-based service providers funded under this Act in implementing such 

home and community-based long-term care systems including evidence-based 

programs; 

‘‘(9) develop, in collaboration with the Administrator of the Centers for Medicare & Medicaid Services, performance standards and measures for use by 

States to determine the extent to which their systems of long-term care fulfill 

the objectives described in this subsection; and 

‘‘(10) conduct such other activities as the Assistant Secretary determines to 

be appropriate. 

‘‘(c) The Assistant Secretary, in consultation with the Corporation for National 

and Community Service, shall—

‘‘(1) encourage and permit voluntary groups active in supportive services, including youth organizations active at the secondary or postsecondary levels, to 

participate and be involved individually or through representative groups, in 

such programs or activities to the maximum extent feasible; 

‘‘(2) develop a comprehensive strategy for utilizing older individuals to address critical local needs of national concern; and 

‘‘(3) encourage other community capacity building initiatives involving older 

individuals.’’. 


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SEC. 5. FEDERAL AGENCY CONSULTATION. 

Section 203 of the Older Americans Act of 1965 (42 U.S.C. 3013) is amended—

(1) in subsection (a)(3)(A) by striking ‘‘(with particular attention to low-income 

minority older individuals and older individuals residing in rural areas)’’ and 

inserting ‘‘(with particular attention to low-income older individuals, including 

low-income minority older individuals, older individuals with limited English 

proficiency, and older individuals residing in rural areas)’’, and 

(2) in subsection (b)—

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

(B) in paragraph (18) by striking the period at the end and inserting ‘‘; 

and’’, and 

(C) by adding at the end the following: 

‘‘(19) sections 4 and 5 of the Assistive Technology Act of 1998 (29 U.S.C. 

3003–3004).’’. 

SEC. 6. ADMINISTRATION. 

Section 205 of the Older Americans Act of 1965 (42 U.S.C. 3016) is amended—

(1) in subsection (a)—

(A) in paragraph (1)—

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

(ii) in subparagraph (D) by striking the semicolon at the end and inserting a period, and 

(iii) by striking subparagraph (E), and 

(B) in paragraph (2)—

(i) in subparagraph (A)—

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

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

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

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

nutrition service providers about the benefits of healthful diets and regular 

physical activity, including information about the most current Dietary Guidelines for Americans published under section 301 of the National Nutrition Monitoring and Related Research Act of 1990 (7 U.S.C. 5341), the Food Guide Pyramid published jointly by the Secretary and the Secretary of Agriculture, and 

advances in nutrition science;’’, 

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

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

‘‘(viii) disseminating guidance that describes strategies for improving the nutritional quality of meals provided under title III, particularly strategies for increasing the consumption of whole grains, lowfat dairy products, fruits and 

vegetables; 

‘‘(ix) developing and disseminating guidelines for conducting nutrient analyses 

of meals provided in subparts 1 and 2 of part C, including guidelines for averaging key nutrients over an appropriate period of time; and 

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

with respect to each duty described in clauses (i) through (viii).’’, and 

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

‘‘(i) have expertise in nutrition, energy balance, and meal planning; and’’. 

SEC. 7. EVALUATION. 

The 1st sentence of section 206(g) of the Older Americans Act of 1965 (42 U.S.C. 

3017(g)) is amended to read as follows: 

‘‘From the total amount appropriated for each fiscal year to carry out title III, the 

Secretary may use such sums as may be necessary, but not to exceed 1⁄2 of 1 percent 

of such amount, for purposes of conducting evaluations under this section, either directly or through grants or contracts.’’. 

SEC. 8. REPORTS. 

Section 207(b)(2) of the Older Americans Act of 1965 (42 U.S.C. 3018(b)(2)) is 

amended— 

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

and 

(2) in subparagraph (C) by striking ‘‘Labor and Human Resources’’ and inserting ‘‘Health, Education, Labor, and Pensions’’. 

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

OF ACT FUNDS. 

(a) PRIVATE PAY RELATIONSHIPS; APPROPRIATE USE OF ACT FUNDS.—Section 212 

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


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

‘‘(a) IN GENERAL.—Subject to subsection (b), this Act shall not be construed to prevent a recipient of a grant or a contract from entering into an agreement— ‘‘(1) with a profitmaking organization; 

‘‘(2) under which funds provided under such grant or contract are used to pay 

part or all of a cost (including an administrative cost) incurred by such recipient 

to carry out a contract or commercial relationship for the benefit of older individuals or their family caregivers, whether such relationship is carried out to 

implement a provision of this Act or to conduct activities inherently associated 

with implementing such provision; or ‘‘(3) under which any individual, regardless of age or income (including the 

family caregiver of such individual), who seeks to receive 1 or more services 

pays, at their own private expense, to receive such services based on the fair 

market value of such services. ‘‘(b) ENSURING APPROPRIATE USE OF FUNDS.—An agreement described under subsection (a) may not— ‘‘(1) be made without the prior approval of the State agency (or, in the case 

of a grantee under title VI, without the prior recommendation of the Director 

of the Office for American Indian, Alaska Native, and Native Hawaiian Aging 

and the prior approval of the Assistant Secretary); 

‘‘(2) directly or indirectly provide for, or have the effect of, paying, reimbursing, or otherwise compensating an entity under such agreement in an amount 

that exceeds the fair market value of the goods or services furnished by such 

entity under such agreement; 

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

need, or an older individual who is at risk for institutional placement; or 

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

Secretary.’’. 

SEC. 10. NUTRITION EDUCATION. 

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

read as follows: 

‘‘SEC. 214. NUTRITION EDUCATION. 

‘‘The Assistant Secretary, in consultation with the Secretary of Agriculture, shall 

conduct outreach and provide technical assistance to agencies and organizations 

that serve older individuals to assist such agencies and organizations to carry out 

integrated health promotion and disease prevention programs that are designed for 

older individuals and that include nutrition education, physical activity, and other 

activities to modify behavior and to improve health literacy (including information 

on optimal nutrient intake) through education and counseling in accordance with 

section 339(2)(J).’’. 

SEC. 11. PENSION COUNSELING AND INFORMATION PROGRAMS. 

Section 215 of the Older Americans Act of 1965 (42 U.S.C. 3020e–1) is amended—

(1) in subsection (e)(1)(J) by striking ‘‘and low-income retirees’’ and inserting 

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

(2) in subsection (f) by amending paragraph (2) to read as follows: 

‘‘(2) The ability of the entity to perform effective outreach to affected populations, particularly populations with limited English proficiency and other populations that are identified in need of special outreach.’’, and 

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

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

SEC. 12. AUTHORIZATION OF APPROPRIATIONS. 

Section 216 of the Older Americans Act of 1965 (42 U.S.C. 3020f) is amended—

(1) in subsection (a) by striking ‘‘2001, 2002, 2003, 2004, and 2005’’ and inserting ‘‘2007, 2008, 2009, 2010, and 2011.’’, and 

(2) in subsections (b) and (c) by striking ‘‘year’’ and all that follows through 

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

SEC. 13. PURPOSE; ADMINISTRATION. 

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

amended—

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

(2) in subparagraph (E) by striking the period at the end and inserting ‘‘; 

and’’, and 

(3) by adding at the end the following: 


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‘‘(F) organizations with experience in providing senior volunteer services, such 

as Federal volunteer programs administered by the Corporation for National 

and Community Service designed to provide training, placement, and stipends 

for volunteers in community service settings.’’. 

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

Section 303 of the Older Americans Act of 1965 (42 U.S.C. 3023) is amended—

(1) in subsection (a)(1), (b), and (d) by striking ‘‘year 2001’’ and all that follows 

through ‘‘years’’ each place it appears, and inserting ‘‘years 2007, 2008, 2009, 

2010, and 2011’’, and 

(2) in subsection (e)(1) by striking ‘‘2001’’ each place it appears and inserting 

‘‘2007’’. 

SEC. 15. ORGANIZATION. 

Section 305(a) of the Older Americans Act of 1965 (42 U.S.C. 3025(a)) is amended—

(1) in paragraph (1)(E) by striking ‘‘(with particular attention to low-income 

minority individuals and older individuals residing in rural areas)’’ each place 

it appears and inserting ‘‘(with particular attention to low-income older individuals, including low-income minority older individuals, older individuals with 

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

(2) in paragraph (2)(E) by striking ‘‘with particular attention to low-income 

minority individuals and older individuals residing in rural areas’’ and inserting 

‘‘with particular attention to low-income older individuals, including low-income 

minority older individuals, older individuals with limited English proficiency, 

and older individuals residing in rural areas’’, and 

(3) by adding at the end the following: 

‘‘(3) the State agency shall, consistent with this section, promote the development and implementation of a comprehensive, coordinated system in such State 

for providing long-term care in home and community-based settings, in a manner responsive to the needs and preferences of older individuals and their family caregivers, by—

‘‘(A) collaborating, coordinating, and consulting with other agencies in 

such State responsible for formulating, implementing, and administering 

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

‘‘(B) participating in any State government activities concerning longterm care, including reviewing and commenting on any State rules, regulations, and policies related thereto; 

‘‘(C) conducting analyses, making recommendations, and implementing 

programs and strategies to modify the State’s system of long-term care to 

better—

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

family caregivers; 

‘‘(ii) facilitate the provision of long-term care in home and community-based settings through service providers; 

‘‘(iii) target services to individuals at risk for institutional placement, 

to permit such individuals to remain in home and community-based 

care settings; and 

‘‘(iv) implement (through area agencies on aging, service providers, 

and such other entities as the State determines to be appropriate) evidence-based programs to assist older individuals and their family caregivers in learning about and making behavioral changes intended to reduce the risk of injury, disease, and disability among older individuals; 

and 

‘‘(D) providing for the availability and distribution (through public education campaigns, aging and disability resource centers, area agencies on 

aging, and other appropriate means) of information relating to—

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

‘‘(ii) the range of available public and private long-term care programs, options, and resources.’’. 

SEC. 16. AREA PLANS. 

Section 306 of the Older Americans Act of 1965 (42 U.S.C. 3026) is amended—

(1) in subsection (a)—

(A) in paragraph (1)—

(i) by striking ‘‘(with particular attention to low-income minority individuals and older individuals residing in rural areas)’’ each place it appears and inserting ‘‘(with particular attention to low-income older individuals, low-income minority older individuals, older individuals with 


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limited English proficiency, and older individuals residing in rural 

areas)’’, and 

(ii) by inserting ‘‘the number of older individuals at risk for institutional placement residing in such area,’’ after ‘‘individuals) residing in 

such area,’’, (B) in paragraph (2)(A) by inserting ‘‘health services (including mental 

health services),’’ after ‘‘transportation,’’ (C) in paragraph (4)— (i) in subparagraph (A)— (I) by amending clause (i) to read as follows: ‘‘(i) provide assurances that the area agency on aging will— ‘‘(I) set specific objectives, consistent with State policy, for providing services to older individuals with greatest economic need, older individuals with 

greatest social need, and older individuals at risk for institutional placement; ‘‘(II) include in the area plan specific objectives for providing services to 

low-income minority older individuals and older individuals residing in 

rural areas; and ‘‘(III) include in the area plan proposed methods to achieve such objectives;’’. and 

(II) in clause (ii) by inserting ‘‘(including older individuals with 

limited English proficiency)’’ after ‘‘low income minority individuals’’ each place it appears; and 

(ii) in subparagraph (B)—

(I) by moving the left margin of each of subparagraph (B), 

clauses (i) and (ii), and subclauses (I) through (VI) of clause (i), 2 

ems to the left, 

(II) in clause (i)—

(aa) in subclause (V) by striking ‘‘and’’ at the end; and 

(bb) by adding at the end the following: 

‘‘(VI) older individuals at risk for institutional placement; and’’, and 

(III) by striking ‘‘(VI)’’ and inserting ‘‘(VII)’’, 

(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 elderly and disabled individuals needing such care and, if possible, work 

in coordination with volunteer programs (including programs administered 

by the Corporation for National Service) designed to provide training, placement, and stipends for volunteers in community service settings.’’, 

(ii) in subparagraph (D)—

(I) by inserting ‘‘family caregivers of such individuals,’’ after 

‘‘Act,’’. and 

(II) by inserting ‘‘service providers, the business community,’’

after ‘‘individuals,’’, and 

(iii) in subparagraph (F) by inserting ‘‘(including mental health 

screening)’’ after ‘‘provided’’ the 1st place it appears, 

(F) by amending paragraph (7) to read as follows: 

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

facilitate the area-wide development and implementation of a comprehensive, 

coordinated system for providing long-term care in home and community-based 

settings, in a manner responsive to the needs and preferences of older individuals and their family caregivers, by—

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

and private agencies and organizations responsible for administering programs, benefits, and services related to providing long-term care; 

‘‘(B) conducting analyses 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, through service providers, of long-term 

care in home and community-based settings; and 

‘‘(iii) target services to older individuals at risk for institutional placement, to permit such individuals to remain in home and communitybased care settings; 


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‘‘(C) implement, through the agency or service providers, evidence-based 

programs to assist older individuals and their family caregivers in learning 

about and making behavioral changes intended to reduce the risk of injury, 

disease, and disability among older individuals; and 

‘‘(D) provide for the availability and distribution (through public education campaigns, aging and disability resource centers, and other appropriate means) of information relating to—

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

‘‘(ii) the range of available public and private long-term care programs, options, and resources;’’, 

(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) in a manner, consistent with paragraph (4), that gives priority in furnishing benefits and services to older individuals with greatest economic 

need, older individuals with greatest social need, and older individuals at 

risk for institutional placement; and 

‘‘(B) in compliance with the assurances specified in paragraph (13) and 

the limitations specified in section 212(b); and 

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

under this Act consistent with self-directed care.’’, 

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

and (f), and 

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

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

how prepared the planning and service area is for any anticipated change in the 

number of older individual during the 10-year period following the fiscal year for 

which the plan is submitted. Such assessment may include—

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

and service area; 

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

such individuals with low incomes, such individuals with greatest economic 

need, minority older individuals, older individuals residing in rural areas, and 

older individuals with limited English proficiency; 

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

planning and service area can be improved, and how resource levels can be adjusted, to meet the needs of the changing population of older individuals in such 

area; and 

‘‘(D) an analysis of how the change in the number of individuals 85 years of 

age and older is expected to affect the need for supportive services. 

‘‘(2) An area agency on aging, in cooperation with government officials, State 

agencies, tribal organizations, or local entities, may make recommendations to government officials in the planning and service area and the State, on actions determined by the area agency to build the capacity in the planning and service area 

to meet the needs of older individuals for—

‘‘(A) health and human services; 

‘‘(B) land use; 

‘‘(C) housing; 

‘‘(D) transportation; 

‘‘(E) public safety; 

‘‘(F) workforce and economic development; 

‘‘(G) recreation; 

‘‘(H) education; 

‘‘(I) civic engagement; and 

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

SEC. 17. STATE PLANS. 

Section 307(a) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)) is amended—

(1) in paragraph (4) by striking ‘‘with particular attention to low-income minority individuals and older individuals residing in rural areas’’ and inserting 

‘‘low-income minority older individuals, older individuals with limited English 

proficiency, and older individuals residing in rural areas’’, 

(2) by striking paragraph (15), 

(3) by redesignating paragraph (14) as paragraph (15), 

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

‘‘(14) The plan shall, with respect to the fiscal year preceding the fiscal year 

for which such plan is prepared—


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

State, including the number of low-income older individuals with limited 

English proficiency; and ‘‘(B) describe the methods used to satisfy the service needs of such minority older individuals, including the plan to service the needs of older individuals with limited English proficiency.’’, (5) in clauses (ii) and (iii) of paragraph (16)(A) by striking ‘‘(with particular 

attention to low-income minority individuals and older individuals residing in 

rural areas)’’ each place it appears and inserting ‘‘(with particular attention to 

low-income older individuals, low-income minority older individuals, older individuals with limited English proficiency, and older individuals residing in rural 

areas)’’, and 

(6) by adding at the end the following: 

‘‘(27) The plan shall provide assurances that area agencies on aging will, to 

the maximum extent feasible, provide for the furnishing of services under this 

Act consistent with self-directed care. ‘‘(28)(A) The plan shall include, at the election of the State, an assessment 

of how prepared the State is, under the State’s statewide service delivery model, 

for a change in the number of older individuals during the 10-year period following the fiscal year for which the plan is submitted. ‘‘(B) Such assessment may include— ‘‘(i) the projected change in the number of older individuals in the State; 

‘‘(ii) an analysis of how such change may affect such individuals, including individuals with low incomes, individuals with great economic need, minority older individuals, older individuals residing in rural areas, and older 

individuals with limited English proficiency; ‘‘(iii) an analysis of how the programs, policies, and services provided by 

the State can be improved, including coordinating with area agencies on 

aging, and how resource levels can be adjusted to meet the needs of the 

changing population of older individuals in the State; and ‘‘(iv) an analysis of how the change in the number of individuals 85 years 

of age and older in the State is expected to affect the need for supportive 

services.’’. 

SEC. 18. PAYMENTS. 

Section 309(b)(2) of the Older Americans Act of 1965 (42 U.S.C. 3029(b)(2)) is 

amended by striking ‘‘the non-Federal share required prior to fiscal year 1981’’ and 

inserting ‘‘10 percent of the cost of the services specified in such section 

304(d)(1)(D)’’. 

SEC. 19. NUTRITION SERVICES INCENTIVE PROGRAM. 

(a) CASH ONLY PROGRAM; AUTHORITY TO USE PROGRAM FUNDS TO PURCHASE FOOD

THROUGH SCHOOL FOOD AUTHORITIES.—Section 311 of the Older Americans Act of 

1965 (42 U.S.C. 3030a) is amended-—

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

‘‘(3) Each State agency shall promptly and equitably disburse amounts received 

under this subsection to recipients of grants and contracts.’’. 

(2) in subsection (c)—

(A) in paragraph (1) by inserting ‘‘(including bonus commodities)’’ after 

‘‘commodities’’, 

(B) in paragraph (2) by inserting ‘‘(including bonus commodities)’’ after 

‘‘commodities’’, 

(C) in paragraph (3) by inserting ‘‘(including bonus commodities)’’ after 

‘‘products’’, and 

(D) by adding at the end the following: 

‘‘(4) Among the commodities delivered under this subsection, the Secretary of Agriculture shall give special emphasis to high protein foods. The Secretary of Agriculture, in consultation with the Assistant Secretary, is authorized to prescribe the 

terms and conditions respecting the donation of commodities under this subsection.’’, 

(3) by amending subsection (d) to read as follows: 

‘‘(d)(1) Amounts provided under subsection (b) to State grantees and contractors, 

and to title VI grantees, shall be available only for the purchase by such entities 

of United States agricultural commodities and other foods for their respective nutrition projects, subject to paragraph (2). 

‘‘(2) Part or all of the amounts received by an entity specified in paragraph (1) 

may be used to pay a school food authority (as referred to under the Richard B. Russell National School Lunch Act (42 U.S.C.1751 et seq.) to obtain United States agricultural commodities for such entity’s nutrition projects, in accordance with an 

agreement between the entity and the school food authority, under which such payments—


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

‘‘(B) may cover related expenses incurred by the school food authority, including the cost of transporting, distributing, processing, storing, and handling such 

commodities.’’, (4) in subsection (e) by striking ‘‘2001’’ and inserting ‘‘2007’’, (5) in subsection (f)— (A) in the matter preceding paragraph (1) by striking ‘‘the Secretary of 

Agriculture and the Secretary of Health and Human Services’’ and inserting ‘‘the Assistant Secretary and the Secretary of Agriculture’’, and 

(B) by amending paragraphs (1) and (2) to read as follows: ‘‘(1) school food authorities participating in programs authorized under the 

Richard B. Russell National School Lunch Act within the geographic area 

served by each such State agency; and ‘‘(2) the donated foods available to such State agencies, area agencies on 

aging, and providers under subsection (c).’’. 

SEC. 20. CONSUMER CONTRIBUTIONS. 

Section 315 of the Older Americans Act of 1965 (42 U.S.C. 3030c–2) is amended— (1) in subsection (b)— (A) in paragraph (1) by striking ‘‘provided that’’ and inserting ‘‘, and such 

contributions shall be encouraged for individuals whose self-declared income is at or above 125 percent of the poverty line and may be requested 

at contribution levels based on the actual cost of services, if’’, and 

(B) in paragraph (4)(E) by inserting ‘‘and to supplement (not supplant) 

funds received under this Act’’ after ‘‘given’’. (2) in subsection (c)(2) by striking ‘‘(with particular attention to low-income 

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

(3) in subsection (d) by striking ‘‘with particular attention to low-income and 

minority individuals and older individuals residing in rural areas’’ and inserting 

‘‘, with particular attention to low-income older individuals, including low-income minority older individuals, older individuals with limited English proficiency, and older individuals residing in rural areas’’. 

SEC. 21. SUPPORTIVE SERVICES AND SENIOR CENTERS PROGRAM. 

Section 321(a) of the Older Americans Act of 1965 (42 U.S.C. 3030d(a)) is amended—

(1) in paragraph (8) by inserting ‘‘(including mental health screening)’’ after 

‘‘screening’’, 

(2) in paragraph (11) by inserting ‘‘(including assistive technology devices and 

assistive technology services)’’ after ‘‘services’’, 

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

‘‘health’’, 

(4) in paragraph (22) by striking the period at the end and inserting a semicolon, 

(5) by redesignating paragraph (23) as paragraph (24), and 

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

‘‘(23) services designed to support States, area agencies on aging, and local 

service providers carry out and coordinate, with respect to mental health services, activities including outreach, education, screening, and referral for treatment of older individuals; and’’. 

SEC. 22. NUTRITION SERVICE. 

After the heading of part C of title III of the Older Americans Act of 1965 (42 

U.S.C. 3030e–3030g–22), insert the following: 

‘‘SEC. 330. PURPOSE. 

‘‘It is the purpose of this part to promote socialization and the health and wellbeing of older individuals by assisting such individuals to gain access to disease prevention and health promotion services (including information, nutrition services, 

and programs of physical activity) to delay the onset of health conditions resulting 

from poor nutritional health or sedentary behavior.’’. 

SEC. 23. CONGREGATE NUTRITION PROGRAM. 

Section 331 of the Older Americans Act of 1965 (42 U.S.C. 3030e) is amended—

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

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

(3) in paragraph (2)—

(A) by striking ‘‘which’’ the last place it appears, and 


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(B) by striking ‘‘and’’ at the end, 

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

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

services, as appropriate, based on the needs of meal participants; and 

‘‘(4) may provide along with a meal described in (1), a multivitamin-mineral 

supplement as an addition to such meal.’’. 

SEC. 24. HOME DELIVERED NUTRITION SERVICES. 

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

read as follows: 

‘‘SEC. 336. PROGRAM AUTHORIZED. 

‘‘The Assistant Secretary shall establish and carry out a program to make grants 

to States under State plans approved under section 307 for the establishment and 

operation of nutrition projects for older individuals which provide, on 5 or more days 

a week (except in a rural area where such frequency is not feasible (as defined by 

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

agency)—

‘‘(1) at least 1 home delivered meal per day consisting of hot, cold, frozen, 

dried, canned, fresh, or supplemental foods and any additional meals that the 

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

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

appropriate, based on the needs of meal recipients.’’. 

SEC. 25. CRITERIA. 

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

read as follows: 

‘‘SEC. 337. CRITERIA. 

‘‘The Assistant Secretary, in consultation with experts in the field of nutrition 

science, dietetics, meal planning and food service management, and aging, shall develop minimum criteria of efficiency and quality for the furnishing of home delivered 

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

SEC. 26. NUTRITION. 

Section 339 of the Older Americans Act of 1965 (42 U.S.C. 3030g–21) is amended—

(1) by amending paragraph (1) to read as follows: 

‘‘(1) solicit the expertise of a dietitian or other individual with equivalent education and training in nutrition science, or if such an individual is not available, 

an individual with comparable expertise in the planning of nutritional services, 

and’’, and 

(2) in paragraph (2)—

(A) in subparagraph (A)—

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

‘‘(i) comply with the most recent Dietary Guidelines for Americans, 

published by the Secretary and the Secretary of Agriculture, and’’, and 

(ii) in clause (ii) by striking ‘‘daily recommended dietary allowances 

as’’ and inserting ‘‘dietary reference intakes’’, 

(B) in subparagraph (D)—

(i) by inserting ‘‘joint’’ after ‘‘encourages’’, and 

(ii) by inserting ‘‘shared’’ after ‘‘promote’’, 

(C) by amending subparagraph (G) to read as follows: 

‘‘(G) ensures that local meal providers solicit the advice and expertise of—

‘‘(i) a dietitian or, if a dietitian is not available, an individual with 

comparable expertise in the planning of nutrition and food services, 

‘‘(ii) meal participants, and 

‘‘(iii) other individuals knowledgeable with regard to the needs of 

older individuals,’’, 

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

(E) by amending subparagraph (J) to read as follows: 

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

(F) by adding at the end the following: 

‘‘(K) encourages professionals who distribute nutrition assistance under 

subpart 2 to provide information to homebound seniors on how to get an 

influenza vaccination in their local areas.’’. 

SEC. 27. EVALUATION OF NUTRITION PROJECTS. 

(a) STUDY.—The Assistant Secretary for Aging shall use funds allocated in section 

206(g) of the Older Americans Act of 1965 to enter into a contract with the Food 


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and Nutrition Board of the Institute of Medicine, for the purpose of establishing an 

independent panel of experts that will conduct an evidence-based evaluation of the 

nutrition projects authorized in such Act. Such study shall, to the extent data are 

available, include— (1) an evaluation of the effect of nutrition projects authorized by such Act on— (A) health status of participants, including nutritional status, 

(B) prevention of participant hunger and food insecurity, and 

(C) ability of participants to remain living independently, 

(2) a cost-benefit analysis of nutrition projects authorized by such Act, including the potential to affect costs of Federal programs under title XIX of the Social Security Act, and 

(3) recommendations for how nutrition projects authorized by such Act may 

be modified to improve the outcomes described in paragraph (1), including recommendations for improving the nutritional quality of meals and other potential strategies to improve the nutritional status of participants, including vitamin-mineral supplementation. 

(b) TIMING.—The Institute of Medicine shall establish an independent panel of experts not later than 90 days after the date of the enactment of this Act. The panel 

shall submit to the Assistant Secretary the report described in subsection (a) not 

later than 24 months after the date of the enactment of this Act. The Assistant Secretary shall submit a report on the findings of the evidence-based study described 

in such subsection to the Committee on Education and the Workforce of the House 

of Representatives and the Committee on Health, Education, Labor and Pensions 

of the Senate. 

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

Section 361 of the Older Americans Act of 1965 (42 U.S.C. 3030m) is amended 

by adding at the end the following: ‘‘(c) The Assistant Secretary shall work in consultation with qualified experts to 

provide information on methods of improving indoor air quality in buildings where 

seniors congregate.’’. 

SEC. 29. CAREGIVER SUPPORT PROGRAM DEFINITIONS. 

Section 372 of the National Family Caregiver Support Act (42 U.S.C. 3030s) is 

amended— (1) in paragraph (1) by inserting ‘‘or who is an individual with a disability’’ after ‘‘age’’, (2) in paragraph (2) by inserting ‘‘or an individual with Alzheimer’s disease 

or a related disorder with neurological and organic brain dysfunction’’ before the 

period at the end, and 

(3) in paragraph (3) by striking ‘‘60’’ and inserting ‘‘55’’. 

SEC. 30. CAREGIVER SUPPORT PROGRAM. 

Section 373 of the National Family Caregiver Support Act (42 U.S.C. 3030s–1) is 

amended— (1) in subsection by (b)(3) by striking ‘‘caregivers to assist’’ and all that follows 

through the end and inserting the following: ‘‘assist the caregivers in addressing 

caregiver issues related to the areas of health, nutrition, and financial literacy, 

and in making decisions and solving problems relating to their caregiving 

roles;’’, (2) by amending subsection (d) to read as follows: ‘‘(d) USE OF VOLUNTEERS.—In carrying out this subpart, each area agency on 

aging shall encourage the use of trained volunteers to expand the available services 

described in subsection (b) and shall, if possible, coordinate with volunteer programs 

(including programs administered by the Corporation for National Service) designed 

to provide training, placement, and stipends for volunteers in community service 

settings.’’, (3) in subsection (e)(3) by adding at the end the following: ‘‘The reports shall 

describe any mechanisms used in the State to provide family caregivers of an 

older individual and relative caregivers of a child or an adult child with a disability, information about and access to various services so that caregivers can 

better carry out their care responsibilities.’’, and 

(4) in subsection (f)(1) by striking ‘‘2001 through 2005’’ and inserting ‘‘2007, 

2008, 2009, 2010, and 2011’’. 

SEC. 31. ACTIVITIES OF NATIONAL SIGNIFICANCE. 

Section 376(a) of the National Family Caregiver Support Act (42 U.S.C. 3030s–

12(a)) is amended—

(1) by striking ‘‘(a) IN GENERAL.—’’, 

(2) by striking ‘‘shall’’ and inserting ‘‘may’’, 


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(3) by striking ‘‘program’’ and inserting ‘‘programs that include’’, 

(4) by striking ‘‘research.’’ and inserting ‘‘research, including—

‘‘(1) intergenerational programs, including supports for grandparents and 

other older relatives raising children (such as kinship navigator programs), and 

sustaining and replicating innovative intergenerational family support programs that involve senior volunteers; 

‘‘(2) Programs providing support and information to families who have a child 

with a disability or chronic illness and to other families in need of such family 

support programs; 

‘‘(3) programs addressing unique issues faced by rural caregivers; 

‘‘(4) programs focusing on the needs of older persons with Alzheimer’s disease 

and related dementia and their caregivers; and 

‘‘(5) programs supporting caregivers in the role they play in health promotion 

and disease prevention.’’, and 

(5) by striking subsection (b). 

SEC. 32. TITLE IV GRANT PROGRAMS. 

Section 411 of the Older Americans Act of 1965 (42 U.S.C. 3032) is amended—

(1) in subsection (a)—

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

(B) by redesignating paragraph (9) as paragraph (11), and 

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

‘‘(9) planning activities to prepare communities for the aging of the population, which include—

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

‘‘(B) activities to coordinate State and local agencies in order to meet the 

needs of older individuals; and 

‘‘(C) training and technical assistance to support States, area agencies on 

aging, and tribal organizations receiving a grant under title VI, engage in 

community planning activities; and 

‘‘(10) the development, implementation, and assessment of technology-based 

service models and best practices, to support the use of health monitoring and 

assessment technologies, communication devices, assistive technologies, and 

other technologies that may remotely connect family and professional caregivers 

to frail elderly residing in home- and community-based settings or rural areas; 

and’’, and 

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

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

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

Section 412(a) of the Older Americans Act of 1965 (42 U.S.C. 3032a(a)) is amended by amending subsection (a) to read as follows: 

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

education, including historically Black colleges or universities, Hispanic serving institutions, and Hispanic Centers of Excellence in Applied Gerontology, to provide 

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

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

Section 414 of the Older Americans Act of 1965 (42 U.S.C. 3032d) is amended—

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

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

SEC. 35. DEMONSTRATION PROJECTS FOR MULTIGENERATIONAL ACTIVITIES. 

Section 417(c)(2) of the Older Americans Act of 1965 (42 U.S.C. 3032f(c)(2)) is 

amended by striking ‘‘(with particular attention to low-income minority individuals 

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

SEC. 36. NATIVE AMERICAN PROGRAMS. 

Section 418(a)(2)(B)(i) of the Older Americans Act of 1965 (42 U.S.C. 

3032g(a)(2)(B)(i)) is amended by inserting ‘‘(including mental health)’’ after ‘‘problems’’. 

SEC. 37. 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. 


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SEC. 38. COMMUNITY SERVICE EMPLOYMENT-BASED TRAINING FOR OLDER AMERICANS. 

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

to read as follows: 

‘‘TITLE V—COMMUNITY SERVICE EMPLOYMENT-BASED TRAINING FOR OLDER AMERICANS 

‘‘SEC. 501. SHORT TITLE. 

‘‘This title may be cited as the ‘Older American Community Service EmploymentBased Training Act’. 

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

‘‘(a) To foster individual economic self-sufficiency and to increase the number of 

individuals who may enjoy the benefits of unsubsidized employment in both the 

public and private sectors, the Secretary of Labor (hereafter in this title referred to 

as the ‘Secretary’) may establish an older American community service employmentbased training program to foster and promote useful part-time public and privatesector employment-based training opportunities for unemployed low-income eligible 

individuals who have poor employment prospects and to provide vital social and 

human services to communities by providing work experience to eligible individuals 

in public agencies, community-based and faith-based organizations. 

‘‘(b)(1) To carry out this title, the Secretary may make grants to public and nonprofit agencies and organizations, agencies of a State, and tribal organizations to 

carry out the program established under subsection (a). Such grants may provide 

for the payment of costs, as provided in subsection (c), of projects developed by such 

organizations and agencies in cooperation with the Secretary in order to make such 

program effective or to supplement such program. No payment shall be made by the 

Secretary toward the cost of any project established or administered by any organization or agency unless the Secretary determines that such project—

‘‘(A) shall provide authorized activities only for eligible individuals, and that 

not less than 50 percent of hours worked (in the aggregate) shall be in community service employment-based training provided by a grantee in a program 

year; 

‘‘(B)(i) shall provide authorized activities for eligible individuals in the community in which such individuals reside, or in nearby communities, and that 

not less than 50 percent of hours worked (in the aggregate) shall be in community service employment-based training provided by a grantee in a program 

year; or 

‘‘(ii) if such project is carried out by a tribal organization that receives a grant 

under this subsection or receives assistance from a State that receives a grant 

under this subsection, will provide authorized activities, including community 

service employment-based training for such individuals, including those who are 

Indians residing on an Indian reservation, as defined in section 2601(2) of the 

Energy Policy Act of 1992 (25 U.S.C. 3501(2)); 

‘‘(C) together with all the projects carried out under this title in each program 

year by a grantee, will not provide for participation under this title by eligible 

individuals (in the aggregate) for an average period per capita that exceeds 24 

months (whether or not consecutive) during the period including the program 

year for which the determination under this subparagraph is made and the previous program years in which such grantee carried out projects under this title; 

‘‘(D) will provide employment-based training to eligible individuals in service 

related to publicly owned and operated facilities and projects, or projects sponsored by profitmaking or nonprofit organizations (excluding political parties exempt from taxation under section 501(c)(3) of the Internal Revenue Code of 

1986), but excluding projects involving the construction, operation, or maintenance of any facility used or to be used as a place for sectarian religious instruction or worship; 

‘‘(E) will contribute to the general welfare of the community, which may include support for children, youth, and families; 

‘‘(F) is intended to result in unsubsidized employment for eligible individuals 

after completion of such program; 

‘‘(G)(i) will not reduce the number of job opportunities or vacancies that would 

otherwise be available to individuals not participating in such program; 


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‘‘(ii) will not displace currently employed workers (including partial displacement, such as a reduction in the hours of non-overtime work, wages, or employment benefits); 

‘‘(iii) will not impair existing contracts or result in the substitution of Federal 

funds for other funds in connection with work that would otherwise be performed; and 

‘‘(iv) will not place an eligible individual in employment-based training to perform work the same or substantially the same work as that performed by any 

other individual who is on layoff; 

‘‘(H) will coordinate with training and other services provided under title I of 

the Workforce Investment Act, including utilizing the One-Stop delivery system 

to recruit eligible individuals to ensure that the maximum number of eligible 

individuals will have an opportunity to participate in the project; 

‘‘(I) will include such training (such as community service employment-based 

training, work experience, on-the-job training, and classroom training) as may 

be necessary to make the most effective use of the skills and talents of those 

individuals who are participating; 

‘‘(J) will ensure that safe and healthy conditions of the employment-based 

training facility or other training facility will be provided, and will ensure that 

individuals employed in community service and other jobs assisted under this 

title shall be paid wages that shall not be lower than whichever is the highest 

of—

‘‘(i) the minimum wage that would be applicable to the employee under 

the Fair Labor Standards Act of 1938, if section 6(a)(1) of such Act applied 

to the participant and if the participant were not exempt under section 13 

thereof; 

‘‘(ii) the State or local minimum wage for the most nearly comparable covered employment; or 

‘‘(iii) the prevailing rates of pay for individuals employed in similar occupations by the same employer; 

‘‘(K) will be established or administered with the advice of persons competent 

in the field of service in which job training is being provided, and of persons 

who are knowledgeable about the needs of older individuals; 

‘‘(L) will authorize payment for necessary supportive services costs, (including 

transportation costs) of eligible individuals that may be incurred in training in 

any project funded under this title, in accordance with rules issued by the Secretary; 

‘‘(M) will ensure that, to the extent feasible, such project will serve the needs 

of minority, limited English-speaking, and Indian eligible individuals, and eligible individuals who have the greatest economic need, at least in proportion to 

their numbers in the State and take into consideration their rates of poverty 

and unemployment; 

‘‘(N)(i) will prepare an assessment of the participants’ skills and talents and 

their needs for services, except to the extent such project has, for the participant involved, recently prepared an assessment of such skills and talents, and 

such needs, pursuant to another employment or training program (such as a 

program under the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.), 

the Carl D. Perkins Vocational and Technical Education Act of 1998 (20 U.S.C. 

2301 et seq.), or part A of title IV of the Social Security Act (42 U.S.C. 601 et 

seq.)); 

‘‘(ii) will provide training and employment counseling to eligible individuals 

based on strategies that identify appropriate employment objectives and the 

need for supportive services, developed as a result of the assessment and service 

strategy provided for in clause (i), and provide other appropriate information regarding such program; and 

‘‘(iii) will provide counseling to participants on their progress in meeting such 

objectives and satisfying their need for supportive services; 

‘‘(O) will provide appropriate services for participants through the One-Stop 

delivery system as established under section 134(c) of the Workforce Investment 

Act of 1998 (29 U.S.C. 2864(c)), and will be involved in the planning and operations of such system pursuant to a memorandum of understanding with the 

local workforce investment board in accordance with section 121(c) of such Act 

(29 U.S.C. 2841(c)); 

‘‘(P) will post in such project workplace a notice, and will make available to 

each person associated with such project a written explanation—

‘‘(i) clarifying the law with respect to political activities allowable and unallowable under chapter 15 of title 5, United States Code, applicable to the 

project and to each category of individuals associated with such project; and 


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‘‘(ii) containing the address and telephone number of the Inspector General of the Department of Labor, to whom questions regarding the application of such chapter may be addressed; 

‘‘(Q) will provide to the Secretary the description and information described 

in—

‘‘(i) paragraph (8), relating to coordination with other Federal programs, 

of section 112(b) of the Workforce and Investment Act of 1998; and 

‘‘(ii) paragraph (14), relating to implementation of One-Stop delivery systems, of section 112(b) of the Workforce Investment Act of 1998; and 

‘‘(R) will ensure that entities that carry out activities under the project (including State agencies, local entities, subgrantees, subcontractors) and affiliates 

of such entities receive an amount of the administrative cost allocation determined by the Secretary to be sufficient. 

‘‘(2) The Secretary may establish, issue, and amend such regulations as may be 

necessary to effectively carry out this title. 

‘‘(3)(A) An assessment and service strategy required by paragraph (1) to be prepared for an eligible individual shall satisfy any condition for an assessment and 

service strategy or individual employment plan for an adult participant under subtitle B of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2811 et seq.), 

in order to determine whether such eligible individual also qualifies for intensive 

or training services described in section 134(d) of such Act (29 U.S.C. 2864(d)). 

‘‘(B) An assessment and service strategy or individual employment plan prepared 

under subtitle B of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2811 

et seq.) for an eligible individual may be used to comply with the requirement specified in subparagraph (A). 

‘‘(c)(1) The Secretary may pay a share not to exceed 90 percent of the cost of any 

project for which a grant is made under subsection (b), except that the Secretary 

may pay all of such cost if such project is—

‘‘(A) an emergency or disaster project; or 

‘‘(B) a project located in an economically depressed area, as determined by the 

Secretary in consultation with the Secretary of Commerce and the Secretary of 

Health and Human Services. 

‘‘(2) The non-Federal share shall be in cash or in kind. In determining the amount 

of the non-Federal share, the Secretary may attribute fair market value to services 

and facilities contributed from non-Federal sources. 

‘‘(3) Of the amount to be paid under this subsection by the Secretary for a project, 

not to exceed 13.5 percent shall be available for any fiscal year to pay the administrative costs of such project, except that—

‘‘(A) the Secretary may increase the amount available to pay administrative 

costs to an amount not to exceed 15 percent of the cost of such project if the 

Secretary determines, based on information submitted by the grantee under 

subsection (b), that such increase is necessary to carry out such project; and 

‘‘(B) if the grantee under subsection (b) demonstrates to the Secretary that—

‘‘(i) major administrative cost increases are being incurred in necessary 

program components, including liability insurance, payments for workers’

compensation, costs associated with achieving unsubsidized placement 

goals, and other operation requirements imposed by the Secretary; 

‘‘(ii) the number of positions in the project or the number of minority eligible individuals participating in the project will decline if the amount 

available to pay administrative costs is not increased; or 

‘‘(iii) the size of the project is so small that the amount of administrative 

costs incurred to carry out the project necessarily exceeds 13.5 percent of 

the cost of such project; 

the Secretary shall increase the amount available for such fiscal year to pay administrative costs to an amount not to exceed 15 percent of the cost of such 

project. 

‘‘(4) Administrative costs are the costs, both personnel and non-personnel and both 

direct and indirect, associated with the following: 

‘‘(A) The costs of performing general administrative functions and of providing 

for the coordination of functions, such as—

‘‘(i) accounting, budgeting, financial, cash management and related data 

processing; 

‘‘(ii) quality assurance; 

‘‘(iii) preparing program plans; 

‘‘(iv) procurement and purchasing; 

‘‘(v) property management; 

‘‘(vi) personnel management, including personnel administration, administration of affirmative action plans, and training and staff development; 


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‘‘(vii) administrative salaries, including clerical and other support staff 

salaries; 

‘‘(viii) payroll functions; 

‘‘(ix) coordinating the resolution of findings arising from audits, reviews, 

investigations, and incident reports; 

‘‘(x) audit; 

‘‘(xi) general legal services; 

‘‘(xii) developing systems and procedures, including information systems, 

required for administrative functions; 

‘‘(xiii) preparing reports; and 

‘‘(xiv) other activities necessary for the general administration of government funds and associated programs. 

‘‘(B) The costs of performing oversight and monitoring responsibilities. 

‘‘(C) The costs of goods and services required for administrative functions of 

such program, including goods and services such as rental or purchase of equipment, utilities, office supplies, postage, and rental and maintenance of office 

space. 

‘‘(D) The travel costs incurred for official business in carrying out such program, excluding travel costs related to providing services. 

‘‘(E) The costs of information systems related to personnel, procurement, purchasing, property management, accounting, and payroll systems), including the 

purchase, systems development, and operating costs of such systems. 

‘‘(F) The costs of technical assistance, professional organization membership 

dues, removal of architectural barriers, operating and maintaining assistive 

technology, and evaluating program results against stated objectives. 

‘‘(5) To the extent practicable, an entity that carries out a project under this title 

shall provide for the payment of the expenses described in paragraph (4) from nonFederal sources. 

‘‘(6)(A) Amounts made available for a project under this title that are not used 

to pay for the administrative costs shall be used to pay for the costs of programmatic activities, including—

‘‘(i) participant wages, such benefits as are required by law (such as workers 

compensation or unemployment compensation) the costs of physical examinations, compensation for scheduled work hours during which an employer is 

closed for a Federal holiday, and necessary sick leave that is not part of an accumulated sick leave program, except that no amounts provided under this title 

may be used to pay the cost of pension benefits, annual leave, accumulated sick 

leave, or bonuses; 

‘‘(ii) participant training (including the payment of reasonable costs of instructors, classroom rental, training supplies, materials, equipment, and tuition) 

which may be provided prior to or subsequent to placement and which may be 

provided on the job, in a classroom setting or pursuant to other appropriate arrangements; 

‘‘(iii) job placement assistance, including job development and job search assistance; 

‘‘(iv) participant supportive services to enable a participant to successfully 

participate in a project under this title, which may include the payment of reasonable costs of transportation, special job-related or personal counseling, 

incidentals (such as work shoes, badges, uniforms, eyeglasses, and tools), child 

and adult care, temporary shelter, and follow-up services; and 

‘‘(v) outreach, recruitment, and selection, intake, orientation, and assessments. 

‘‘(B) Not less than 65 percent of the funds made available under a grant made 

under this title (excluding a grant made under subsection (d)) shall be used to pay 

wages and benefits for eligible individuals who are employed under projects carried 

out under this title. 

‘‘(d) PILOT, DEMONSTRATION, AND EVALUATION PROJECTS.—The Secretary shall use 

funds reserved under section 506(a)(1) to carry out demonstration projects, pilot 

projects, and evaluation projects, for the purpose of developing and implementing 

techniques and approaches, and demonstrating the effectiveness of the specialized 

methods, in addressing the employment and training needs of eligible individuals. 

Such projects may include—

‘‘(1) activities linking businesses and eligible individuals, including assistance 

to participants transitioning from subsidized activities to private-sector employment; and 

‘‘(2) demonstration projects and pilot projects designed to—

‘‘(A) attract more eligible individuals into the labor force; 


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‘‘(B) improve the provision of services to eligible individuals under the 

One-Stop delivery system established in accordance with title I of the Workforce Investment Act of 1998; 

‘‘(C) enhance the technological skills of eligible individuals; and 

‘‘(D) provide incentives to grantees under this title for exemplary performance and incentives to businesses to promote their participation in the program under this title; 

‘‘(3) demonstration projects and pilot projects, as described in paragraph (2), 

for older workers only if such demonstration projects and pilot projects are designed to assist in developing and implementing techniques and approaches in 

addressing the employment and training needs of eligible individuals; 

‘‘(4) training and technical assistance to support any project funded under this 

title; 

‘‘(5) dissemination of best practices; and 

‘‘(6) evaluation of the activities authorized under this title. 

‘‘SEC. 503. ADMINISTRATION. 

‘‘(a) STATE PLAN.—

‘‘(1) CHIEF EXECUTIVE OFFICER SUBMITS PLAN.—For a State to be eligible to 

receive an allotment under section, 506, the chief executive officer of the State 

shall submit to the Secretary for consideration and approval, a single State plan 

(referred to in this title as the ‘State plan’) that outlines a 3-year strategy for 

the statewide provision of training and related activities for eligible individuals 

under this title. The plan shall contain such provisions as the Secretary may 

require, consistent with this title, including a description of the process used to 

ensure the participation of individuals described in paragraph (2). 

‘‘(2) RECOMMENDATIONS.—In developing the State plan prior to its submission 

to the Secretary, the chief executive officer of the State shall seek the advice 

and recommendations of—

‘‘(A) individuals representing the State agency and the area agencies on 

aging in the State, and the State and local workforce investment boards established under title I of the Workforce Investment Act of 1998 (29 U.S.C. 

2801 et seq.); 

‘‘(B) individuals representing public and nonprofit private agencies and 

organizations providing employment services, including each grantee operating a project under this title in the State; and 

‘‘(C) individuals representing social service organizations providing services to older individuals, grantees under title III of this Act, affected communities, unemployed older individuals, community-based organizations 

serving the needs of older individuals, business organizations, and labor organizations. 

‘‘(D) COMMENTS.—Any State plan submitted by the chief executive officer in 

accordance with paragraph (1) shall be accompanied by copies of public comments relating to the plan received pursuant to paragraph (4) and a summary 

thereof. 

‘‘(4) PLAN PROVISIONS.—The State plan shall identify and address—

‘‘(A) the relationship that the number of eligible individuals in each area 

bears to the total number of eligible individuals, respectively, in the State; 

‘‘(B) the relative distribution of eligible individuals residing in rural and 

urban areas in the State; and 

‘‘(C) the relative distribution of—

‘‘(i) eligible individuals who are individuals with greatest economic 

need; 

‘‘(ii) eligible individuals who are minority individuals, including individuals who are limited English proficient; and 

‘‘(iii) eligible individuals who are individuals with greatest social 

need; 

‘‘(D) the current and projected employment opportunities in the State, by 

occupation, and the type of skills possessed by local eligible individuals; 

‘‘(E) the localities and populations for which projects of the type authorized by this title are most needed; and 

‘‘(F) plans for facilitating the coordination of activities of grantees in the 

State under this title with activities carried out in the State under title I 

of the Workforce Investment Act of 1998. 

‘‘(5) CHIEF EXECUTIVE OFFICER’S RECOMMENDATIONS ON GRANT PROPOSALS.—

Before a proposal for a grant under this title for any fiscal year is submitted 

to the Secretary, the chief executive officer of each State in which projects are 

proposed to be conducted under such grant shall be afforded a reasonable opportunity to submit recommendations to the Secretary—


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‘‘(A) regarding the anticipated effect of each such proposal upon the overall distribution of enrollment positions under this title in the State (including such distribution among urban and rural areas), taking into account the 

total number of positions to be provided by all grantees in the State; ‘‘(B) any recommendations for redistribution of positions to under served 

areas as vacancies occur in previously encumbered positions in other areas; 

and ‘‘(C) in the case of any increase in funding that may be available for use 

in the State under this title for any fiscal year, any recommendations for 

distribution of newly available positions in excess of those available during 

the preceding year to underserved areas. ‘‘(6) DISRUPTIONS.—In developing plans and considering recommendations 

under this subsection, disruptions in the provision of services for current participants shall be avoided to the greatest possible extent. ‘‘(7) DETERMINATION; REVIEW.— ‘‘(A) DETERMINATION.—In order to effectively carry out this title, each 

State shall make the State plan available for public comment. The Secretary, in consultation with the Assistant Secretary, shall review the plan 

and make a written determination with findings and a decision regarding 

the plan. ‘‘(B) REVIEW.—The Secretary may review, on the Secretary’s own initiative or at the request of any public or private agency or organization or of 

any agency of the State, the distribution of projects and services under this 

title in the State including the distribution between urban and rural areas 

in the State. For each proposed reallocation of projects or services in a 

State, the Secretary shall give notice and opportunity for public comment. 

‘‘(8) EXEMPTION.—The grantees that serve eligible individuals who are older 

Indians with funds reserved under section 506(a)(3) may not be required to participate in the State planning processes described in this section but will collaborate with the Secretary to develop a plan for projects and services to eligible 

individuals who are Indians. 

‘‘(b) COORDINATION WITH OTHER FEDERAL PROGRAMS.—

‘‘(1) The Secretary and the Assistant Secretary shall coordinate the program 

carried out under this title with programs carried out under other titles of this 

Act, to increase job opportunities available to older individuals. 

‘‘(2) The Secretary shall coordinate programs carried out under this title with 

the program carried out under the Workforce Investment Act of 1998, the Community Services Block Grant Act, the Rehabilitation Act of 1973, the Carl D. 

Perkins Vocational and Technical Education Act of 1998 (20 U.S.C. 2301 et 

seq.), the National and Community Service Act of 1990 (42 U.S.C. 12501 et 

seq.), and the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4950 et seq.). 

The Secretary shall coordinate the administration of this title with the administration of other titles of this Act by the Assistant Secretary to increase the likelihood that eligible individuals for whom employment opportunities under this 

title are available and who need services under such titles receive such services. 

Funds appropriated to carry out this title may not be used to carry out any program under the Workforce Investment Act of 1998, the Community Services 

Block Grant Act, the Rehabilitation Act of 1973, the Carl D. Perkins Vocational 

and Technical Education Act of 1998, the National and Community Service Act 

of 1990, or the Domestic Volunteer Service Act of 1973. The preceding sentence 

shall not be construed to prohibit carrying out projects under this title jointly 

with programs, projects, or activities under any Act specified in such sentence, 

or from carrying out section 512. 

‘‘(3) The Secretary shall distribute to grantees under this title, for distribution 

to program participants, and at no cost to grantees or participants, informational materials developed and supplied by the Equal Employment Opportunity 

Commission and other appropriate Federal agencies that the Secretary determines are designed to help participants identify age discrimination and to understand their rights under the Age Discrimination in Employment Act of 1967. 

‘‘(c) In carrying out this title, the Secretary may use, with their consent, the services, equipment, personnel, and facilities of Federal and other agencies with or without reimbursement, and on a similar basis to cooperate with other public and private agencies and instrumentalities in the use of services, equipment, and facilities. 

‘‘(d) Payments under this title may be made in advance or by way of reimbursement and in such installments as the Secretary may determine. 

‘‘(e) The Secretary shall not delegate any function of the Secretary under this title 

to any other Federal officer or entity. 

‘‘(f)(1) The Secretary shall monitor projects for which grants are made under this 

title to determine whether the grantees are complying with rules and regulations 


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issued to carry out this title (including the statewide planning, consultation, and coordination requirements of this title). ‘‘(2) Each grantee that receives funds under this title shall comply with the applicable uniform cost principles and appropriate administrative requirements for 

grants and contracts that are applicable to the type of entity that receives funds, 

as issued as circulars or rules of the Office of Management and Budget. ‘‘(3) Each grantee described in paragraph (2) shall prepare and submit a report 

in such manner and containing such information as the Secretary may require regarding activities carried out under this title. ‘‘(4) Each grantee described in paragraph (2) shall keep records that— ‘‘(A) are sufficient to permit the preparation of reports required by this title; 

‘‘(B) are sufficient to permit the tracing of funds to a level of expenditure adequate to ensure that the funds have not been spent unlawfully; and 

‘‘(C) contain any other information that the Secretary determines to be appropriate. 

‘‘(g) The Secretary shall establish by rule and implement a process to evaluate, 

in accordance with section 513, the performance of projects and services carried out 

under this title. The Secretary shall report to the Congress, and make available to 

the public, the results of each such evaluation and shall use such evaluation to improve services delivered by, or the operation of, projects carried out under this title. 

‘‘SEC. 504. PARTICIPANTS NOT FEDERAL EMPLOYEES. 

‘‘(a) Eligible individuals who are participants in authorized activities in any 

project funded under this title shall not be considered to be Federal employees as 

a result of such participation and shall not be subject to part III of title 5, United 

States Code. 

‘‘(b) No grant, subgrant, contract or subcontract shall be entered into under this 

title with an entity who is, or whose employees are, under State law, exempted from 

operation of the State workers’ compensation law, generally applicable to employees 

unless the entity shall undertake to provide either through insurance by a recognized carrier or by self-insurance, as authorized by State law, that the persons employed under the grant, contract, subgrant, or subcontract shall enjoy workers’ compensation coverage equal to that provided by law for covered employment. 

‘‘SEC. 505. INTERAGENCY COOPERATION. 

‘‘(a) The Secretary shall consult with and obtain the written views of the Assistant 

Secretary before issuing rules and before establishing general policy in the administration of this title. 

‘‘(b) The Secretary shall consult and cooperate with the Director of the Office of 

Community Services, the Secretary of Health and Human Services, and the heads 

of other Federal agencies that carry out related programs, in order to achieve optimal coordination with such other programs. In carrying out this section, the Secretary shall promote programs or projects of a similar nature. Each Federal agency 

shall cooperate with the Secretary in disseminating information relating to the 

availability of assistance under this title and in promoting the identification and interests of individuals eligible for employment in projects assisted under this title. 

‘‘(c)(1) The Secretary shall promote and coordinate carrying out projects under this 

title jointly with programs, projects, or activities carried out under other Acts, especially activities provided under the Workforce Investment Act of 1998 (29 U.S.C. 

2801 et seq.), including activities provided through One-Stop delivery systems established under section 134(c)) of such Act (29 U.S.C. 2864(c)), that provide training 

and employment opportunities to eligible individuals. 

‘‘(2) The Secretary shall consult with the Secretary of Education to promote and 

coordinate carrying out projects under this title jointly with workforce investment 

activities in which eligible individuals may participate that are carried out under 

the Carl D. Perkins Vocational and Technical Education Act of 1998. 

‘‘SEC. 506. DISTRIBUTION OF ASSISTANCE. 

‘‘(a) RESERVATIONS.—

‘‘(1) RESERVATION FOR NATIONAL ACTIVITIES.—Of the funds appropriated to 

carry out this title for each fiscal year, the Secretary may first reserve up to 

1.5 percent to carry out demonstration projects, pilot projects, and evaluation 

projects under section 502(d). 

‘‘(2) RESERVATION FOR TERRITORIES.—Of the funds appropriated to carry out 

this title for each fiscal year, the Secretary shall reserve up to 0.75 percent, of 

which—

‘‘(A) Guam, American Samoa, and the United States Virgin Islands shall 

each receive 30 percent of the funds so reserved; and 

‘‘(B) the Commonwealth of the Northern Mariana Islands shall receive 10 

percent of the funds so reserved. 


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‘‘(3) RESERVATION FOR ORGANIZATIONS.—Of the funds appropriated to carry 

out this title for each fiscal year, the Secretary shall reserve such amount as 

may be necessary to make national grants to public or nonprofit national Indian 

aging organizations with the ability to provide authorized activities for eligible 

individuals who are Indians and to national public or nonprofit Pacific Island 

and Asian American aging organizations with the ability to provide authorized 

activities for eligible individuals who are Pacific Island and Asian Americans. 

‘‘(b) STATE ALLOTMENTS.—The allotment for each State shall be the sum of the 

amounts allotted for national grants in such State under subsection (d) and for the 

grant to such State under subsection (e). 

‘‘(c) DIVISION BETWEEN NATIONAL GRANTS AND GRANTS TO STATES.—The funds appropriated to carry out this title for any fiscal year that remain after amounts are 

reserved under paragraphs (1), (2), and (3) of subsection (a), shall be divided by the 

Secretary between national grants and grants to States as follows: 

‘‘(1) RESERVATION OF FUNDS FOR FISCAL YEAR 2006 LEVEL OF ACTIVITIES.—

‘‘(A) The Secretary shall reserve the amount of funds necessary to maintain the fiscal year 2006 level of activities supported by grantees that operate under this title under national grants from the Secretary, and the fiscal 

year 2006 level of activities supported by State grantees under this title, 

in proportion to their respective fiscal year 2006 levels of activities. 

‘‘(B) If in any fiscal year for which the funds appropriated to carry out 

this title are insufficient to satisfy the requirement specified in subparagraph (A), then the amount described in subparagraph (A) shall be reduced 

proportionally. 

‘‘(2) FUNDING IN EXCESS OF FISCAL YEAR 2006 LEVEL OF ACTIVITIES.—

‘‘(A) UP TO $35,000,000.—The amount of funds remaining after the application of paragraph (1), but not to exceed $35,000,000, shall be divided so that 

75 percent shall be provided to State grantees and 25 percent shall be provided to grantees that operate under this title under national grants from 

the Secretary. 

‘‘(B) OVER $35,000,000.—The amount of funds remaining (if any) after the 

application of subparagraph (A) shall be divided so that 50 percent shall be 

provided to State grantees and 50 percent shall be provided to grantees 

that operate under this title under national grants from the Secretary. 

‘‘(d) ALLOTMENTS FOR NATIONAL GRANTS.—From funds available under subsection 

(c) for national grants, the Secretary shall allot for public and nonprofit private 

agency and organization grantees that operate under this title under national 

grants from the Secretary in each State, an amount that bears the same ratio to 

such funds as the product of the number of individuals 55 years of age or older in 

the State and the allotment percentage of such State bears to the sum of the corresponding products for all States, except as follows: 

‘‘(1) MINIMUM ALLOTMENT.—No State shall be provided an amount under this 

subsection that is less than 1⁄2 of 1 percent of the amount provided under subsection (c) for public and nonprofit private agency and organization grantees 

that operate under this title under national grants from the Secretary in all of 

the States. 

‘‘(2) HOLD HARMLESS.—If the amount provided under subsection (c) is—

‘‘(A) equal to or less than the amount necessary to maintain the fiscal 

year 2006 level of activities, allotments for grantees that operate under this 

title under national grants from the Secretary in each State shall be proportional to their fiscal year 2006 level of activities; or 

‘‘(B) greater than the amount necessary to maintain the fiscal year 2006 

level of activities, no State shall be provided a percentage increase above 

the fiscal year 2006 level of activities for grantees that operate under this 

title under national grants from the Secretary in the State that is less than 

30 percent of such percentage increase above the fiscal year 2006 level of 

activities for public and nonprofit private agency and organization grantees 

that operate under this title under national grants from the Secretary in 

all of the States. 

‘‘(3) REDUCTION.—Allotments for States not affected by paragraphs (1) and 

(2)(B) of this subsection shall be reduced proportionally to satisfy the conditions 

in such paragraphs. 

‘‘(e) ALLOTMENTS FOR GRANTS TO STATES.—From the amount provided for grants 

to States under subsection (c), the Secretary shall allot for the State grantee in each 

State an amount that bears the same ratio to such amount as the product of the 

number of individuals 55 years of age or older in the State and the allotment percentage of such State bears to the sum of the corresponding product for all States, 

except as follows: 


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‘‘(1) MINIMUM ALLOTMENT.—No State shall be provided an amount under this 

subsection that is less than 1⁄2 of 1 percent of the amount provided under subsection (c) for State grantees in all of the States. 

‘‘(2) HOLD HARMLESS.—If the amount provided under subsection (c) is—

‘‘(A) equal to or less than the amount necessary to maintain the fiscal 

year 2006 level of activities, allotments for State grantees in each State 

shall be proportional to their fiscal year 2006 level of activities; or 

‘‘(B) greater than the amount necessary to maintain the fiscal year 2006 

level of activities, no State shall be provided a percentage increase above 

the fiscal year 2006 level of activities for State grantees in the State that 

is less than 30 percent of such percentage increase above the fiscal year 

2006 level of activities for State grantees in all of the States. 

‘‘(3) REDUCTION.—Allotments for States not affected by paragraphs (1) and 

(2)(B) of this subsection shall be reduced proportionally to satisfy the conditions 

in such paragraphs. 

‘‘(f) ALLOTMENT PERCENTAGE.—For purposes of subsections (d) and (e)—

‘‘(1) the allotment percentage of each State shall be 100 percent less that percentage that bears the same ratio to 50 percent as the per capita income of such 

State bears to the per capita income of the United States, except that—

‘‘(A) the allotment percentage shall be not more than 75 percent and not 

less than 33 percent; and 

‘‘(B) the allotment percentage for the District of Columbia and the Commonwealth of Puerto Rico shall be 75 percent; 

‘‘(2) the number of individuals 55 years of age or older in any State and in 

all States, and the per capita income in any State and in all States, shall be 

determined by the Secretary on the basis of the most satisfactory data available 

to the Secretary; and 

‘‘(3) for the purpose of determining the allotment percentage, the term ‘United 

States’ means the 50 States and the District of Columbia. 

‘‘(g) DEFINITIONS.—For purposes of this section: 

‘‘(1) COST PER AUTHORIZED POSITION.—The term ‘cost per authorized position’

means the sum of—

‘‘(A) the hourly minimum wage rate specified in section 6(a)(1) of the Fair 

Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)), multiplied by the number of hours equal to the product of 21 hours and 52 weeks; 

‘‘(B) an amount equal to 11 percent of the amount specified under subparagraph (A), for the purpose of covering Federal payments for fringe benefits; and 

‘‘(C) an amount determined by the Secretary, for the purpose of covering 

Federal payments for the remainder of all other program and administrative costs. 

‘‘(2) FISCAL YEAR 2006 LEVEL OF ACTIVITIES.—The term ‘fiscal year 2006 level 

of activities’ means—

‘‘(A) with respect to public and nonprofit private agency and organization 

grantees that operate under this title under national grants from the Secretary, their level of activities for fiscal year 2006; and 

‘‘(B) with respect to State grantees, their level of activities for fiscal year 

2006. 

‘‘(3) GRANTS TO STATES.—The term ‘grants to States’ means grants made 

under this title by the Secretary to the States. 

‘‘(4) LEVEL OF ACTIVITIES.—The term ‘level of activities’ means the number of 

authorized positions multiplied by the cost per authorized position. 

‘‘(5) NATIONAL GRANTS.—The term ‘national grants’ means grants made under 

this title by the Secretary to public and nonprofit private agency and organization grantees that operate under this title under national grants from the Secretary. 

‘‘(6) STATE.—The term ‘State’ does not include Guam, American Samoa, the 

Commonwealth of the Northern Mariana Islands, and the United States Virgin 

Islands. 

‘‘SEC. 507. EQUITABLE DISTRIBUTION. 

‘‘(a) INTERSTATE ALLOCATION.—In making grants under section 506, the Secretary 

shall ensure, to the extent feasible, an equitable distribution of activities under such 

grants, in the aggregate, among the States, taking into account the needs of underserved States. 

‘‘(b) INTRASTATE ALLOCATION.—The amount allocated for projects within each 

State under section 506 shall be allocated among areas in the State in an equitable 

manner, taking into consideration the State priorities set out in the State plan in 

effect under section 503(a). 


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‘‘SEC. 508. REPORT. 

‘‘To carry out the Secretary’s responsibilities for reporting in section 503(g), the 

Secretary shall require the State agency for each State that receives funds under 

this title to prepare and submit a report at the beginning of each fiscal year on such 

State’s compliance with section 507(b). Such report shall include the names and geographic location of all projects assisted under this title and carried out in the State 

and the amount allocated to each such project under section 506. 

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

‘‘Funds received by eligible individuals from projects carried out under the program established in this title shall not be considered to be income of such individuals for purposes of determining the eligibility of such individuals, or of any other 

individuals, to participate in any housing program for which Federal funds may be 

available or for any income determination under the Food Stamp Act of 1977. 

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

‘‘Eligible individuals under this title may be considered by local workforce investment boards established under title I of the Workforce Investment Act of 1998 to 

satisfy the requirements for receiving services under such title I that are applicable 

to adults. 

‘‘SEC. 511. TREATMENT OF ASSISTANCE. 

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

U.S.C. 1255A(h)(1)(A)). 

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

‘‘(a) PARTNERS.—Grantees under this title shall be One-Stop partners as described 

in subparagraphs (A) and (B)(vi) of section 121(b)(1) of the Workforce Investment 

Act of 1998 (29 U.S.C. 2841(b)(1)) in the One-Stop delivery system established under 

section 134(c)) of such Act (29 U.S.C. 2864(c))) for the appropriate local workforce 

investment areas, and shall carry out the responsibilities relating to such partners. ‘‘(b) COORDINATION.—In local workforce investment areas where more than 1 

grantee under this title provides services, the grantees shall— ‘‘(1) coordinate their activities related to the One-Stop delivery system; and 

‘‘(2) shall be signatories of the memorandum of understanding established 

under section 121(c) of the Workforce Investment Act of 1998 (29 U.S.C. 

2841(c)). 

‘‘SEC. 513. PERFORMANCE. 

‘‘(a) MEASURES.—

‘‘(1) ESTABLISHMENT OF MEASURES.—The Secretary shall establish, in consultation with grantees, subgrantees, and host agencies under this title, States, 

older individuals, area agencies on aging, and other organizations serving older 

individuals, performance measures for each grantee for projects and services 

carried out under this title. 

‘‘(2) CONTENT.—

‘‘(A) COMPOSITION OF MEASURES.—The performance measures established 

by the Secretary in accordance with paragraph (1) shall consist of—

‘‘(i) core indicators of performance specified in subsection (b)(1) and 

the expected levels of performance applicable to each core indicator of 

performance, and 

‘‘(ii) additional indicators of performance specified in subsection (b)(2) 

‘‘(B) CONTINUOUS IMPROVEMENT.—The measures described in subparagraph (A)(i) shall be designed to promote continuous improvement in performance. 

‘‘(C) EXPECTED LEVELS OF PERFORMANCE.—The Secretary and each grantee shall reach agreement on the expected levels of performance for each 

program year for each of the core indicators of performance specified in subsection (b)(1). The agreement shall take into account the factors described 

in subparagraphs (B) and (D) and other appropriate factors as determined 

by the Secretary, and shall be consistent with the requirements of subparagraph (E). Funds under the grant may not be awarded until such agreement is reached. 

‘‘(D) ADJUSTMENT.—The expected levels of performance described in subparagraph (C) applicable to a grantee shall be adjusted after the agreement 

under subparagraph (C) has been reached only with respect to the following 

factors: 

‘‘(i) High rates of unemployment or of poverty or welfare participation, in the areas served by a grantee, relative to other areas of the 

State or Nation. 


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‘‘(ii) Significant downturns in the areas served by the grantee or in 

the national economy. 

‘‘(iii) Significant numbers or proportions of participants with 1 or 

more barriers to employment served by a grantee relative to grantees 

serving other areas of the State or Nation. 

‘‘(iv) Changes in Federal, State, or local minimum wage requirements. 

‘‘(E) PLACEMENT.—

‘‘(i) LEVEL OF PERFORMANCE.—For all grantees, the Secretary shall 

establish a level of performance of not less than the percentage specified in clause (ii) (adjusted in accordance with subparagraph (D)) for 

the entry into unsubsidized employment core indicator of performance 

described in subsection (b)(1)(A). If a grantee achieved a level of performance less than the percentage specified in such clause for the preceding fiscal year for which results are available before the enactment 

of the Senior Independence Act of 2006, the Secretary shall provide 

technical assistance to assist such grantee to achieve the applicable 

percentage specified in such clause. 

‘‘(ii) REQUIRED PLACEMENT PERCENTAGES.—The minimum percentage 

for the entry into unsubsidized employment described in subsection 

(b)(1)(A) is—

‘‘(I) 22 percent in fiscal year 2007; 

‘‘(II) 24 percent in fiscal year 2008; 

‘‘(III) 26 percent in fiscal year 2009; 

‘‘(IV) 28 percent in fiscal year 2010; and 

‘‘(V) 30 percent in fiscal year 2011. 

‘‘(3) PERFORMANCE EVALUATION OF GRANTEES.—The Secretary shall annually 

establish national performance measures for each grantee under this title, 

which shall be applicable to the grantee without regard to whether such grantee 

operates such program directly or through contracts, grants, or agreements with 

other entities. The measures shall include the core indicators of performance 

and expected level of performance for each such indicator, and the additional 

indicators of performance. In addition, the Secretary shall annually publish the 

actual performance of each grantee with respect to—

‘‘(A) the levels achieved for each of the core indicators of performance, 

compared to expected levels of performance under paragraph (2)(C) (including any adjustments to such levels made in accordance with to paragraph 

(2)(D)); and 

‘‘(B) the levels achieved for each of the additional indicators of performance. 

‘‘(4) LIMITATION.—An agreement to be evaluated on the performance measures shall be a requirement for application for, and a condition of, all grants 

authorized by this title. 

‘‘(b) INDICATORS OF PERFORMANCE.—

‘‘(1) CORE INDICATORS.—The core indicators of performance described in subsection (a)(2)(A)(i) shall consist of—

‘‘(A) entry into unsubsidized employment; 

‘‘(B) retention in unsubsidized employment for 6 months; 

‘‘(C) earnings; and 

‘‘(D) hours (in the aggregate) of community service employment-based 

training pursuant to subparagraphs (A) and (B)(I) of section 502(b)(1); and 

‘‘(2) ADDITIONAL INDICATORS.—The additional indicators of performance described in subsection (a)(2)(A)(ii) shall consist of—

‘‘(A) retention in unsubsidized employment for 1 year; 

‘‘(B) the number of eligible individuals served, including the number of 

participating individuals described in section 516(2)(A)(ii), and 

‘‘(C) any other indicators of performance that the Secretary determines to 

be appropriate to evaluate services and performance. 

‘‘(c) DEFINITIONS OF INDICATORS.—The Secretary, after consultation with national 

and State grantees, representatives of business and labor organizations, and providers of services, shall issue rules that define the indicators of performance described in subsection (b). 

‘‘(d) CORRECTIVE EFFORTS.—

‘‘(1) NATIONAL GRANTEES.—

‘‘(A) IN GENERAL.—Not later than 120 days after the end of each program 

year, the Secretary shall determine if a national grantee awarded a grant 

under section 514 has met the expected levels of performance established 

under subsection (a)(2)(c) (including any adjustments to such levels made 


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in accordance with to subsection (a)(2)(D)) for the core indicators of performance described in subsection (b)(1). 

‘‘(B) TECHNICAL ASSISTANCE AND CORRECTIVE ACTION PLAN.—

‘‘(i) IN GENERAL.—If the Secretary determines that a grantee fails to 

meet the expected levels of performance described in paragraph (1), the 

Secretary shall provide technical assistance and require such grantee 

to submit a corrective action plan not later than 160 days after the end 

of the program year. 

‘‘(ii) CONTENT.—The plan submitted under subparagraph (A) shall detail the steps the grantee will take to meet the national performance 

measures in the next program year. 

‘‘(2) STATE GRANTEES.—

‘‘(A) IN GENERAL.—Not later than 120 days after the end of the program 

year, the Secretary shall determine if a State grantee allotted funds under 

section 506(e) has met the expected levels of performance established under 

subsection (a)(2)(C) (including any adjustments to such levels made in accordance with to subsection (a)(2)(D)) for the core indicators of performance 

described in subsection (b)(1). 

‘‘(B) TECHNICAL ASSISTANCE AND CORRECTIVE ACTION PLAN.—If a State 

fails to meet the levels of performance described in subparagraph (A), the 

Secretary shall provide technical assistance and require the State to submit 

a corrective action plan not later than 160 days after the end of the program year. 

‘‘(C) CONTENT.—The plan described in subparagraph (B) shall detail the 

steps the State will take to meet the standards. 

‘‘(D) FAILURE TO MEET PERFORMANCE MEASURES FOR SECOND AND THIRD

YEARS.—

‘‘(i) AFTER SECOND YEAR OF FAILURE.—If a State fails to meet the levels of performance described in subparagraph (A) for a second consecutive program year, the Secretary shall provide for the conduct by the 

State of a competition to award, for the first full program year following the determination (minimizing, to the extent possible, the disruption of services provided to participants), an amount equal to 25 

percent of the funds available to the State for such year. 

‘‘(ii) AFTER THIRD YEAR OF FAILURE.—If the State fails to meet the 

levels of performance described in subparagraph (A) for a third consecutive program year, the Secretary shall provide for the conduct by 

the State of a competition to award the funds allocated to the State for 

the first full program year following the Secretary’s determination that 

the State has not met the performance measures. 

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

‘‘(a) PROGRAM AUTHORIZED.—From the funds available for national grants under 

section 506(d), the Secretary shall award grants to eligible applicants to carry out 

projects under this title through a competitive process that is conducted every 3 

years. 

‘‘(b) ELIGIBLE APPLICANTS.—An applicant shall be eligible to receive a grant under 

subsection (a) in accordance with section 502(b)(1), and subsections (c) and (d). 

‘‘(c) CRITERIA.—The Secretary shall select the eligible applicants to receive grants 

under subsection (a) based on the following: 

‘‘(1) The applicant’s ability to administer a program that serves the greatest 

number of eligible individuals, giving particular consideration to individuals 

with greatest economic need, greatest social need, poor employment history or 

prospects, and over the age of 65. 

‘‘(2) The applicant’s ability to administer a program that provides employment 

for eligible individuals in the communities in which such individuals reside, or 

in nearby communities, that will contribute to the general welfare of the community. 

‘‘(3) The applicant’s ability to administer a program that moves eligible individuals into unsubsidized employment. 

‘‘(4) The applicant’s prior performance, if any, in meeting performance measures under this title and under other Federal or State programs. 

‘‘(5) The applicant’s ability to move individuals with multiple barriers to employment into unsubsidized employment. 

‘‘(6) The applicant’s ability to coordinate with other organizations at the State 

and local level. 

‘‘(7) The applicant’s plan for fiscal management of the program to be administered with funds received under this section. 


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‘‘(8) Any additional criteria that the Secretary considers to be appropriate in 

order to minimize disruption for current participants. 

‘‘(d) RESPONSIBILITY TESTS.—

‘‘(1) IN GENERAL.—Before final selection of a grantee, the Secretary shall conduct a review of available records to assess the applicant’s overall responsibility 

to administer Federal funds. 

‘‘(2) REVIEW.—As part of the review described in paragraph (1), the Secretary 

may consider any information, including the organization’s history with regard 

to the management of other grants. 

‘‘(3) FAILURE TO SATISFY TEST.—The failure to satisfy any 1 responsibility test 

that is listed in paragraph (4), excluding those listed in subparagraphs (A) and 

(B), does not establish that the organization is not responsible unless such failure is substantial or persists for 2 or more consecutive years. 

‘‘(4) TEST.—The responsibility tests include review of the following factors: 

‘‘(A) Unsuccessful efforts by the organization to recover debts, after 3 demand letters have been sent, that are established by final agency action, 

or a failure to comply with an approved repayment plan. 

‘‘(B) Established fraud or criminal activity of a significant nature within 

the organization. 

‘‘(C) Serious administrative deficiencies identified by the Secretary, such 

as failure to maintain a financial management system as required by Federal rules or regulations. 

‘‘(D) Willful obstruction of the audit process. 

‘‘(E) Failure to provide services to applicants as agreed to in a current 

or recent grant or to meet applicable performance measures. 

‘‘(F) Failure to correct deficiencies brought to the grantee’s attention in 

writing as a result of monitoring activities, reviews, assessments, or other 

activities. 

‘‘(G) Failure to return a grant closeout package or outstanding advances 

within 90 days of the grant expiration date or receipt of closeout package, 

whichever is later, unless an extension has been requested and granted. 

‘‘(H) Failure to submit required reports. 

‘‘(I) Failure to properly report and dispose of Government property as instructed by the Secretary. 

‘‘(J) Failure to have maintained effective cash management or cost controls resulting in excess cash on hand. 

‘‘(K) Failure to ensure that a subrecipient complies with its Office of Management and Budget Circular A–133 audit requirements specified at section 

667.200(b) of title 20, Code of Federal Regulations. 

‘‘(L) Failure to audit a subrecipient within the required period. 

‘‘(M) Final disallowed costs in excess of 5 percent of the grant or contract 

award if, in the judgment of the grant officer, the disallowances are egregious findings. 

‘‘(N) Failure to establish a mechanism to resolve a subrecipient’s audit in 

a timely fashion. 

‘‘(5) DETERMINATION.—Applicants that are determined to be not responsible 

shall not be selected as grantees. 

‘‘(6) DISALLOWED COSTS.—Interest on disallowed costs shall accrue in accordance with the Debt Collection Improvement Act of 1996. 

‘‘SEC. 515. AUTHORIZATION OF APPROPRIATIONS. 

‘‘(a) There is authorized to be appropriated to carry out this title such sums as 

may be necessary for fiscal years 2007, 2008, 2009, 2010, and 2011. 

‘‘(b) Amounts appropriated under this section for any fiscal year shall be available 

for obligation during the annual period that begins on July 1 of the calendar year 

immediately following the beginning of such fiscal year and that ends on June 30 

of the following calendar year. The Secretary may extend the period during which 

such amounts may be obligated or expended in the case of a particular organization 

or agency that receives funds under this title if the Secretary determines that such 

extension is necessary to ensure the effective use of such funds by such organization 

or agency. 

‘‘(c) At the end of the program year, the Secretary may recapture any unexpended 

funds for the program year, and reobligate such funds within the 2 succeeding program years for—

‘‘(1) technical assistance; or 

‘‘(2) grants or contracts for any other program under this title. 

‘‘SEC. 516. DEFINITIONS. 

‘‘For purposes of this title: 


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‘‘(1) COMMUNITY SERVICE EMPLOYMENT-BASED TRAINING.—The term ‘community service employment-based training’ means work experience that is related 

to providing social, health, welfare, and educational services (including literacy 

tutoring), legal and other counseling services and assistance, including tax 

counseling and assistance and financial counseling, and library, recreational, 

and other similar services; conservation, maintenance, or restoration of natural 

resources; community betterment or beautification; antipollution and environmental quality efforts; weatherization activities; economic development; and 

such other services essential and necessary to the community as the Secretary 

determines by rule. 

‘‘(2) ELIGIBLE INDIVIDUAL.—The term ‘eligible individual’ means an individual 

who is 55 years of age or older and who has a low income (including any such 

individual whose income is not more that 125 percent of the poverty line), excluding any income that is unemployment compensation, benefits received 

under title XVI of the Social Security Act, veterans payments, or 25 percent of 

the benefits received under title II of the Social Security Act, but—

‘‘(A) pursuant to regulations prescribed by the Secretary, any such individual who meets one or more of the following criteria shall have priority 

for the work opportunities provided under this title—

‘‘(i) is 65 years of age or older; or 

‘‘(ii) has one or more of the following barriers to employment: 

‘‘(I) has a disability; 

‘‘(II) has limited English proficiency or low literacy skills; 

‘‘(III) resides in a rural area; 

‘‘(IV) is a veteran; 

‘‘(V) has low employment prospects; or 

‘‘(VI) has failed to find employment after utilizing services provided under title I of the Workforce Investment Act of 1998; and 

‘‘(B) notwithstanding any other provision of this paragraph, excludes—

‘‘(i) an individual who has participated in projects under this title for 

a period of 48 months in the aggregate (whether or not consecutive) 

after the date of the enactment of the Senior Independence Act of 2006; 

and 

‘‘(ii) an individual who has participated in projects under this title for 

a period of 24 months in the aggregate (whether or not consecutive) 

after the date of the enactment of the Senior Independence Act of 2006 

if such individual participated more than 24 months in the aggregate 

(whether or not consecutive) under title V of this Act, as in effect before 

the date of the enactment of the Senior Independence Act of 2006. 

‘‘(3) LOW INCOME.—The term ‘low income’ means income received during the 

12-month period (or, at the option of the grantee involved, the 6-month period 

that is not multiplied) ending on the date an eligible individual submits an application to participate in the project carried out under this title by such grantee. 

‘‘(4) PACIFIC ISLAND AND ASIAN AMERICANS.—The term ‘Pacific Island and 

Asian Americans’ means Americans having origins in any of the original peoples 

of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands. 

‘‘(5) PROGRAM.—The term ‘program’ means the older American community 

service employment-based training program established under this title. 

‘‘(6) SUPPORTIVE SERVICES.—The term ‘supportive services’ means services 

such as transportation, child care, dependent care, housing, and needs-related 

payments, that are necessary to enable an individual to participate in activities 

authorized under this title, consistent with the provisions of this title. 

‘‘(7) UNEMPLOYED INDIVIDUAL.—The term ‘unemployed individual’ means an 

individual who is without a job and who wants and is available for work, including an individual who may have occasional employment that does not result in 

a constant source of income.’’. 

SEC. 39. NATIVE AMERICANS CAREGIVER SUPPORT PROGRAM. 

Section 643 of the Older Americans Act of 1965 (42 U.S.C. 3057n) is amended by 

striking ‘‘2001’’ each place it appears and inserting ‘‘2007’’. 

SEC. 40. 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. 41. NATIVE AMERICAN ORGANIZATION PROVISIONS. 

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


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SEC. 42. ELDER ABUSE, NEGLECT, AND EXPLOITATION PREVENTION. 

Section 721 (b) of the Older Americans Act of 1965 (42 U.S.C. 3058i(b)) is amended—

(1) by inserting after paragraph (1) the following new paragraph: 

‘‘(2) providing for public education and outreach to promote financial literacy 

and prevent identity theft and financial exploitation of older individuals;’’; and 

(2) by redesignating paragraphs (2) through (8) as paragraphs (3) through (9), 

respectively. 

SEC. 43. TECHNICAL AMENDMENTS. 

The Older Americans Act of 1965 (42 U.S.C. 2001 et seq.) is amended—

(1) in section 202(e)(1)(A) by striking the semicolon at the end and inserting 

a period, and 

(2) by inserting before section 401 the following: 

‘‘TITLE IV—ACTIVITIES FOR HEALTH, 

INDEPENDENCE AND LONGEVITY’’. 

PURPOSE

H.R. 5293, the Senior Independence Act of 2006, amends the 

Older Americans Act to authorize appropriations for fiscal years 

2007 through 2011; and for other purposes. 

COMMITTEE ACTION

COMMITTEE HEARINGS

On May 25, 2005, the Subcommittee on Select Education held a 

hearing entitled An Examination of the Older Americans Act. The 

hearing was the first in a series of hearings to review the implementation of the amendments to the law enacted in 2000, explore 

issues facing today’s seniors, and to begin debating the appropriate 

federal response to these circumstances. The witnesses who testified before the Subcommittee included: Joan Lawrence, Director of 

the Ohio Department of Aging, Columbus, OH; Michael O’Donnell, 

Executive Director of the East Central Illinois Area Agency on 

Aging (AAA), Bloomington, IL; Jane Metzger, President Elect of the 

Meals on Wheels Association of America, Topeka, KS; and Jesse 

Leos, National Director of the Senior Community Service Employment Program (SCSEP) Program of SER-Jobs for Progress, Inc., Irving, TX. 

On April 3, 2006 the Subcommittee on Education Reform held a 

field hearing entitled The Older Americans Act: Strengthening 

Communities to Support the Next Generation of Older Americans 

at the University of Texas Pan-American in Edinburg, TX. The 

hearing allowed Members to gain a local perspective on issues involved in the Older Americans Act. The witnesses included: Karl 

Urban, Manager of Policy Analysis and Support at the Texas Department of Aging and Disability, Austin, TX; Armondo 

Dominguez, Assistant Director of the Center on Aging and Health 

at the University of Texas-Pan American, Edinburg, TX; Marlon 

Sullivan, Senior Director of Staffing of The Home Depot, Atlanta, 

GA; Jose Perez, Executive Director of the Senior Community Outreach Services, Inc., Donna, TX; and Rosa Anzaldua, program participant at Amigos del Valle, Mission, TX. 

On April 28, 2006, the Subcommittee on Select Education held 

a second field hearing, entitled The Older Americans Act: Improving Quality of Life for Aging Americans, at the Westerville Senior 


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Center in Westerville, OH. The field hearing allowed Members to 

gain more information and recommendations for reauthorization at 

the local level. The Witnesses included: Elise Geig, Legislative Liaison at the Ohio Department of Aging, Columbus, OH; David Bibler, 

Executive Director of the Licking County Aging Program, Newark, 

OH; Charles Gehring, President and CEO of Lifecare Alliance, Columbus, OH; Bob Horrocks, Executive Director of the Council for 

Older Adults of Delaware County, Columbus, OH; and Virginia 

Ragan, community representative for Westerville, OH. 

On May 2, 2006, the Subcommittee on Select Education held a 

hearing entitled The Senior Independence Act of 2006. The hearing 

was held to hear comments and recommendations on a discussion 

draft of the bill. The Witnesses included: Josefina Carbonell, Assistant Secretary for Aging at the Department of Health and 

Human Services, Washington, DC; Mason Bishop, Deputy Assistant Secretary for the Employment Training Administration at the 

Department of Labor, Washington, DC; Andre Bauer, Lieutenant 

Governor, SC; Vinsen Faris, Executive Director of Meals on Wheels 

of Johnson and Ellis Counties, Cleburne, TX; Ling Cheung, President of the Chinese American Senior Service Association, Montgomery County, MD; and Richard Browdie, President and CEO of 

the Benjamin Rose Institute, Cleveland, OH. 

LEGISLATIVE ACTION

On Thursday, May 4, 2006, Mr. Patrick J. Tiberi, along with Mr. 

Ruben Hinojosa, introduced H.R. 5293, the Senior Independence 

Act of 2006, a bill to reauthorize the Older Americans Act through 

2011. 

On Wednesday, May 10, 2006, the Subcommittee on Education 

Reform considered H.R. 5293 in a legislative session and reported 

it favorably, as amended, to the Committee on Education and the 

Workforce by voice vote. The Subcommittee adopted the following 

amendments: 

An amendment in the nature of a substitute offered by Mr. Patrick J. Tiberi, adopted by voice vote. The substitute amendment 

contained changes to H.R. 5293 to: 

• Make technical and clarifying amendments to the legislation; 

• Authorize caregivers of persons of any age with Alzheimer’s Disease to receive services under the National Family 

Caregiver Support Program; 

• Allow a grandparent caregiver who is 55 years of age or 

older to participate in the National Family Caregiver Support 

program—an amendment of particular interest to Mr. Danny 

K. Davis; 

• Authorize additional activities to promote the civic engagement of older Americans; 

• Support the development, implementation, and assessment 

of technologies that enable family and professional caregivers 

to remotely monitor the health status of older individuals residing in home and community-based settings; and 

• Reauthorize and make permanent activities of national 

significance to support issues facing caregivers, including: 

intergenerational family support, the needs of persons with 


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Alzheimer’s disease, and assistance to caregivers of a family 

member with a disability. 

An amendment offered by Mr. Luis G. Fortun ̃ o, adopted by voice 

vote. Mr. Fortun ̃ o’s amendment adds ‘‘or who is an individual with 

a disability’’ to the definition of a child under the Caregiver Support Program. 

On May 17, 2006 the Committee on Education and the Workforce 

considered H.R. 5293 in legislative session, and reported the bill favorably, as amended, to the House of Representatives by voice vote. 

The Committee adopted the following amendments: 

An amendment in the nature of a substitute offered by Mr. Howard P. ‘‘Buck’’ McKeon, adopted by voice vote. The substitute 

amendment contained the following technical and clarifying 

changes to H.R. 5293 to: • Require the Assistant Secretary to make available to 

States information and technical assistance to support the provision of evidence-based disease prevention and health promotion services; • Encourage States, at their discretion, to include information about the State’s preparedness for a change in the number 

of older individuals residing in the State as part of their State 

plan; • Reauthorize the Nutrition Services Incentive Program and 

provide cash to all states for the operation of nutrition programs authorized under the Act. State Units on Aging could 

continue to purchase and distribute commodities through another State agency, or local meal providers could purchase 

commodities through school food authorities within the planning and service area; • Recognize that older individuals with disabilities may need 

access to assistive technologies and other supportive services 

that may be provided under the Act; • Recognize the need for older individuals to have access to 

mental health screening and, if necessary, referrals for treatment; 

• Require the Assistant Secretary, as part of the program 

evaluation process, to prepare an analysis of how the evaluation will be used to improve programs and influence the Administration’s strategic planning process; 

• Include ‘‘hours of community service employment-based 

training’’ as a core indicator of performance under the SCSEP 

program; 

• Reinsert a current law requirement that states include 

public comments as part of their SCSEP plan submission; 

• Clarify what constitutes barriers to employment for purposes of adjusting the performance measures; 

• Specify that each SCSEP national grant will last 3 years, 

as in current law; 

• Allow current SCSEP participants to have at least 24 

months from date of enactment to transition to unsubsidized 

employment; 

• Ensure that individuals who have occasional employment, 

such as lawn mowing or babysitting, still could be eligible for 

the SCSEP program; and 

• Include additional technical and clarifying amendments. 


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An Amendment offered by Mr. Mark E. Souder, adopted by voice 

vote. This amendment authorizes the Assistant Secretary to conduct an evidence-based evaluation of the nutrition programs included in the Act. 

An Amendment offered by Mr. John R. ‘‘Randy’’ Kuhl, adopted by 

voice vote. Mr. Kuhl’s amendment authorizes federal entities to implement and build awareness of programs providing benefits to 

older Americans. 

An Amendment offered by Mr. Jon C. Porter and Mr. Danny K. 

Davis, adopted by voice vote. This Amendment strengthens efforts 

to prevent elder abuse and neglect and improves coordination of 

elder justice activities at the Federal, State, and local levels. 

An Amendment offered by Mr. Rush D. Holt, adopted by voice 

vote. This Amendment excludes certain sources of income for the 

purpose of determining eligibility for Title V. The amendment excludes SSDI, 25 percent of Social Security, veterans’ payments, and 

unemployment compensation—all of which were previously not 

counted as income. 

An Amendment offered by Mr. Danny K. Davis and Mr. Jon C. 

Porter, adopted by voice vote. This Amendment supports consumerdriven models of home and community-based care and helps prevent high-risk individuals from spending down their savings to receive Medicaid. 

An Amendment offered by Mr. Raul M. Grijalva, adopted by 

voice vote. This Amendment changes the look-back period for determining an individual’s income for purposes of SCSEP eligibility to 

allow grantees to either annualize six months of income or the individual’s previous 12 months of income. 

An Amendment offered by Mr. Robert E. Andrews, adopted by 

voice vote. This Amendment encourages professionals who provide 

nutrition services under the Act to also provide information about 

the availability of flu shots. 

An Amendment offered by Mr. Robert E. Andrews, adopted by 

voice vote. This Amendment authorizes the Assistant Secretary to 

work in consultation with qualified experts to provide information 

on methods of improving indoor air quality to buildings where seniors congregate. 

SUMMARY

H.R. 5293, the Senior Independence Act of 2006, reauthorizes all 

titles of the Older Americans Act through 2011 and authorizes such 

sums as may be necessary to carry out programs and services 

under the Act. 

Title II of the Act stipulates functions of the Assistant Secretary 

in administering the Older Americans Act. The legislation 

strengthens the roles and responsibilities of the Secretary on Aging 

to assist states, area agencies on aging, and service providers to 

better serve older Americans. 

The Senior Independence Act seeks to improve coordination and 

cooperation among multiple federal agencies involved in programs 

and services for older Americans. The legislation requires the Assistant Secretary to coordinate federal elder justice activities, including elder abuse prevention, detection, intervention, and response; to consult and coordinate with the Centers for Medicare & 

Medicaid to assist in benefit enrollment and outreach; and to 


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strengthen coordination at the federal, state, and local levels for 

long-term care provided in home and community-based settings. 

H.R. 5293 encourages the Assistant Secretary to provide outreach and technical assistance to promote evidence-based health 

promotion and prevent disease prevention initiatives. Additionally, 

it requires the Assistant Secretary to provide information on methods to improve indoor air quality in buildings where seniors congregate. 

Title III of the Act authorizes grants and stipulates state requirements and conditions for receiving grants to operate state units on 

aging and fund local area agencies on aging within a state. 

Under the legislation, states and area agencies on aging are required to develop and implement a comprehensive, coordinated system for providing long-term care in home- and community-based 

settings. Additionally, it requires states to provide assurances to 

the Assistant Secretary that area agencies on aging will advance 

state efforts to furnish long-term care services in a manner consistent with consumer focused self-directed care models. 

H.R. 5293 encourages both states and area agencies on aging to 

plan for demographic shifts that are expected to increase the population of older Americans. The legislation encourages states and 

area agencies on aging to conduct an assessment of anticipated 

change in the number of older individuals within the state or planning and service area, and to work in cooperation with public agencies and other state and community partners to prepare for an increased number of older Americans. 

H.R. 5293 also clarifies that service providers may enter into contractual, commercial, or private pay relationships provided that 

such provider operate in a manner consistent with the public purpose mission and targeting provision under the Act. 

The Senior Independence Act encourages efforts by states, area 

agencies on aging, and local providers to improve access to supportive services that help foster independence and maintain a good 

quality of life. The legislation encourages the creation of opportunities for civic engagement and seeks to enhance the coordination of 

senior volunteer programs. H.R. 5293 requires public outreach to 

facilitate program access for eligible individuals with limited 

English proficiency, and promotes financial literacy and pension 

counseling for older Americans who may need assistance in planning for future financial needs, including budgeting for long-term 

care expenses. States and local providers also are encouraged to 

promote evidence-based preventive care, including screenings for 

nutritional deficiencies or impaired mental health, and access to 

assistive technology devices for older adults with disabilities. 

Title III of the Act authorizes the provision of home delivered 

and congregate meals to older individuals. H.R. 5293 updates nutrition program requirements consistent with current science and 

the most recent Dietary Guidelines for Americans. To support this 

effort, the bill requires the Assistant Secretary to consult with experts in the field of nutrition science, dietetics, meal planning, food 

service, and aging, and to establish guidelines for the efficiency and 

quality of home delivered meals. The legislation simplifies nutrition 

requirements by allowing providers to average key nutrients over 

time. 


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H.R. 5293 maintains the dual purpose of OAA nutrition programs to ensure the effective delivery of nutritious meals to older 

adults, and to provide opportunities for socialization and assistance 

in accessing other health and social services provided in and outside the aging network. The bill encourages local meal providers to 

provide information to homebound seniors on how to obtain an influenza vaccine in their area, and allows but does not require congregate meal providers to offer a single multivitamin-mineral supplement to seniors who also receive a meal. Older individuals participating in meal programs under the Act also are eligible to receive nutrition screening, nutrition education or counseling as 

needed to support the health of participants. 

The Senior Independence Act strengthens a current law provision 

allowing service providers to solicit voluntary contributions from eligible individuals who receive services. H.R. 5293 clarifies that 

service providers, including nutrition service providers may encourage voluntary contributions from clients. Providers are required to 

encourage such contributions for services provided to individuals 

with self-declared incomes at or above 125 percent of poverty. 

H.R. 5293 also reauthorizes the Nutrition Services Incentive Program, which provides commodity support to states and tribal organization operating senior nutrition programs. The legislation 

streamlines access to commodity foods by providing cash to purchase commodities through school food authorities. 

To ensure that nutrition services are effectively supporting the 

nutritional needs of program participants, H.R. 5293 authorizes a 

study by the Institute of Medicine to evaluate the effectiveness of 

program, including the value of the investment in nutrition services funded under the Act. 

Title III of the Act also authorizes the National Family Caregiver 

Support Act. Under current law, this program provides caregiver 

support to relative caregivers of individuals age 60 and over, and 

to grandparents who are the primary caregiver of grandchildren up 

to age 18. H.R. 5293 modifies eligibility for caregiver support by decreasing from 60 to 55 the age of eligibility for grandparent participation. The legislation also provides support to grandparents who 

care for an adult child with a disability. H.R. 5293 also authorizes 

caregiver support for relatives responsible for the care of an individual of any age who is diagnosed with Alzheimer’s disease or a 

related neurological disorder. 

H.R. 5293 continues ongoing research and demonstration grants 

awarded competitively by the Assistant Secretary to support 

intergenerational programs, families who have a child with a disability, programs unique to rural areas, Alzheimer’s programs, and 

family caregiver support programs. 

Under current law, the Assistant Secretary may use a limited 

amount of funds to conduct evaluations of programs and services 

funded by the Act. H.R. 5293 limits the total amount of funding 

that may be used for evaluation to an amount that does not exceed 

1⁄2 of 1 percent of title III appropriations. 

Title IV of the Act provides technical assistance and supports a 

range of ongoing research and demonstration activities designed to 

spur innovation and identify best practices in the field of aging. 

These activities as authorized under current law include career 

preparation in the field of aging, protection from violence projects, 


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and grants to improve the delivery of health care services to older 

individuals residing in rural areas. H.R. 5293 authorizes the Secretary to use these funds, in part, to develop and assess technologybased service models and best practices. The bill revises eligibility 

criteria for Career Preparation in the Field of Aging grants to include Hispanic serving organizations among the entities eligible to 

receive a grant. 

Title V of the Act authorizes community service employment and 

training for older Americans. H.R. 5293 revises the name of title 

V of the Act to the Older American Community Service Employment-Based Training Act. In addition, the bill revises the purposes 

of the program commonly called the Senior Community Service 

Employment Program (SCSEP). The bill authorizes the Secretary 

of Labor to establish an older American community service employment-based training program to foster and promote useful parttime public and private-sector employment-based training opportunities for unemployed low-income eligible individuals who have 

poor employment prospects and to provide vital social and human 

services to communities by providing work experience to eligible individuals in public agencies, community-based and faith-based organizations. 

The bill requires that not less than 50 percent of hours are 

worked in authorized activities to be in community-service employment-based training provided by a grantee in a program year. 

Current law does not limit the duration of participation in 

SCSEP. The bill requires grantees to have an average period per 

capita that does not exceed 24 months (whether or not consecutive) 

during each program year in which the grantee has participated in 

the program. 

Current law permits work placements in publicly owned and operated facilities or in nonprofit organizations. In addition to these 

placements, H.R. 5293 also allows placements in for-profit organizations. 

The bill allows grantees to provide payment for necessary supportive services costs to allow participants to participate in the program. The bill defines supportive services as services such as transportation, child care, dependent care, housing, and needs-related 

payments, which are necessary to enable an individual to participate in authorized activities under the program. 

Under current law, the administrative costs are costs both personnel and non-personnel and both direct and indirect associated 

with the following: (1) the costs of performing overall general administrative functions such as accounting, budgeting, financial, and 

cash management functions; procurement and purchasing functions; property management functions; personnel management 

functions; payroll functions; coordinating the resolution of findings 

arising from audits, reviews, investigations, and incident reports; 

audit functions; general legal services functions; and developing 

systems and procedures; (2) the costs of performing oversight and 

monitoring responsibilities related to administrative functions; (3) 

the costs of goods and services required for administrative functions; (4) travel costs incurred for official business in carrying out 

administrative activities or overall management; and (5) the costs 

of information systems related to administrative functions. Under 

the bill, the following additional items are classified as administraVerDate Aug 31 2005 01:59 Jun 12, 2006 Jkt 049006 PO 00000 Frm 00037 Fmt 6659 Sfmt 6602 E:\HR\OC\HR493.XXX HR493

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tive costs: quality assurance; preparing program plans; administrative salaries; preparing reports; all travel costs other than travel 

costs related to the provision of services; and the costs of technical 

assistance, professional organization membership dues, removal of 

architectural barriers and operating and maintaining assistive 

technology, public information, and evaluating program results. 

Under current law grants may be used to pay for enrollee wages 

and fringe benefits. H.R. 5293 clarifies what benefits may be included, which are those required by law (such as workers compensation or unemployment compensation), the costs of physical examinations, compensation for scheduled work hours during which 

an employer is closed for a federal holiday, and necessary sick 

leave that is not part of an accumulated sick leave program. No 

amounts provided under the program may be used to pay the cost 

of pension benefits, annual leave, accumulated sick leave or bonuses. 

Currently, not less than 75 percent of the funds made available 

under a grant to operate a SCSEP program shall be used to pay 

wages and benefits for eligible individuals who are employed to 

carry out projects. The bill requires grantees to spend not less than 

65 percent of their funds on wages and benefits to allow additional 

flexibility and resources for classroom or on-the-job training opportunities. 

Under current law, the Secretary may use monies reserved under 

section 506(a)(1) to fund special projects designed to assure second 

career training and the placement of eligible individuals in employment opportunities with private business concerns. H.R. 5293 replaces this authority with new authority for the Secretary to conduct pilot, demonstration, and evaluation projects. Projects may include activities linking businesses and eligible individuals; demonstration projects and pilot projects designed to attract more eligible individuals into the labor force, improve the provision of services to eligible individuals under the One-Stop delivery system established under the Workforce Investment Act (WIA), enhance the 

technological skills of eligible individuals, and provide incentives to 

grantees for exemplary performance; demonstration and pilot 

projects for older workers if the projects are designed to assist in 

developing and implementing techniques and approaches in addressing the employment and training needs of eligible individuals; 

training and technical assistance to support the projects; dissemination of best practices; and evaluation of activities authorized. 

Currently funds under the program are distributed to states and 

national organizations according to a set of requirements that include a fiscal year 2000 hold harmless amount so that funds are 

distributed to state agencies and national organizations at their fiscal year 2000 level of activities. Additional funds are distributed 

based on relative state population 55 years of age or older and the 

relative state per capital income. The bill updates the hold harmless provision so that the distribution of funds between states and 

national organizations will be based on fiscal year 2006 distribution. 

Currently, states and national grantees are measured on the following performance indicators: (1) the number of participants 

served, with particular consideration given to individuals with 

greatest economic need, greatest social need, or poor employment 


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history or prospects, and individuals who are over the age of 60; 

(2) community services provided; (3) placement into and retention 

in unsubsidized public or private employment; (4) satisfaction of 

the enrollees, employers, and their host agencies with their experiences and the services provided; and (5) additional indicators that 

the Secretary determines to be appropriate. H.R. 5293 establishes 

four core performance measures: entry into unsubsidized employment; retention in unsubsidized employment for six months; earnings; and hours (in the aggregate) of community services employment based training pursuant to subparagraphs (A) and (B)(i) or 

section 502(b)(1) (which requires at least 50 percent of placement 

in community service positions). States and national grantees also 

will report on retention in unsubsidized employment for one year; 

the number of eligible individuals served, including the number of 

participating individuals age 65 and older or who have barriers to 

employment; and any other indicators of performance that the Secretary determines to be appropriate. 

Under current law states and national grantees negotiate expected levels of performance. H.R. 5293 continues this practice and 

requires adjustment for significant numbers or proportions of participants with barriers to employment. 

Current law requires the minimum percentage for the entry into 

unsubsidized employment to be 20 percent. The bill incrementally 

increases this requirement by two percentage points each year so 

that the required placement rate is 22 percent in fiscal year 2007, 

24 percent in fiscal year 2008, 26 percent in fiscal year 2009, 28 

percent in fiscal year 2010, and 30 percent in fiscal year 2011. 

States and national grantees both now face sanctions for failure 

to meet expected levels of performance. H.R. 5293 maintains this 

structure for states. However, national grantees that fail to attain 

expected levels of performance now only will receive technical assistance. Each such grantee also will submit a corrective action 

plan not later than 160 days after the end of the program year. The 

plan shall detail the steps the grantee will take to meet the national performances measures in the next program year. 

Under current law, the Secretary shall award grants to national 

organizations for a period not to exceed three years. In addition, 

the Secretary shall hold a competition for program funds when a 

state or national grantee fails to meet its performance measures for 

at least two consecutive years. The bill maintains this structure for 

states. The bill replaces current requirements to compete the funds 

of national grantees that fail to meet performance with a requirement that all grants be competed every three years. The bill maintains current law’s criteria for selection of grantees and has added 

as an additional criterion review of the applicant’s prior performance, if any, in meeting performance measures under this program 

and under other federal or state programs. 

The bill changes the term ‘‘community service’’ to ‘‘community 

service employment-based training’’ and defines the term as work 

experience that is related to providing social, health, welfare, and 

educational services (including literacy tutoring), legal and other 

counseling services and assistance, including tax counseling and 

assistance and financial counseling, and library, recreational, and 

other similar services; conservation, maintenance, or restoration of 

natural resources; community betterment or beautification; antiVerDate Aug 31 2005 01:59 Jun 12, 2006 Jkt 049006 PO 00000 Frm 00039 Fmt 6659 Sfmt 6602 E:\HR\OC\HR493.XXX HR493

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pollution and environmental quality efforts; weatherization activities; economic development; and such other services essential and 

necessary to the community as the Secretary determines by rule. 

Current law allows services to be provided to individuals 55 

years of age or older who have a low income (including those with 

incomes not more than 125 percent of the federal poverty guidelines). In addition, current law includes a priority for those individuals over 60 years of age. H.R. 5293 continues to allow low-income 

individuals 55 years of age or older to be eligible for SCSEP, but 

the bill creates a new priority of service for older individuals or 

those with barriers to employment. Under the bill, an individual 

who is 65 years of age or older, has a disability, has limited 

English proficiency, resides in a rural area, is a veteran, has low 

employment prospects, or has failed to find employment after utilizing services provided under title I of WIA shall have priority for 

the work opportunities provided under the program. 

States and grantees shall exclude any income that is unemployment compensation, Supplemental Security Income (SSI) benefits 

received under Title XVI of the Social Security Act, or veterans’ payments and 25 percent of benefits received under title II of the 

Social Security Act (Old-Age, Survivors and Disability Insurance 

[OASDI] payments). In addition, H.R. 5293 provides state and national grantees operating SCSEP the flexibility to use either the income for the 12 months preceding an individual’s application or an 

individual’s income for the six months preceding one’s application 

when determining eligibility. 

The bill excludes an individual who has participated in the program for a period of 48 months in the aggregate (whether or not 

consecutive) from participation in the program. However, to create 

a transition period for those already participating in the program, 

the bill allows individuals who have already participated in the 

program for at least 24 months to have an additional 24 months 

of eligibility. Anyone who has been participating in the program for 

24 months or less at the time of enactment will have a four year 

time limit, inclusive of time already spent in the program. 

H.R. 5293 makes no additional substantive amendments to titles 

VI and VII of the Older Americans Act. 

COMMITTEE STATEMENT AND VIEWS

OVERVIEW

The Older Americans Act of 1965 (OAA) is the major federal statute governing the delivery of social services for elderly Americans 

and their family caregivers. The Act provides a wide range of supports such as information and personal assistance, transportation, 

nutritional services, personal care, chore services, and adult day 

care. Nutrition services include the ‘‘Meals on Wheels’’ home delivery meal program and congregate meal programs. The OAA also 

funds research, demonstration projects, and elder rights protection 

activities. 

The OAA, first enacted in the 89th Congress, created a series of 

federal programs specifically designed to meet the service needs of 

older persons. Although older persons may receive services under 

other federal programs, this Act is the major vehicle for the organization and delivery of services to senior citizens. It authorizes a 


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wide array of programs through a network of 56 state agencies on 

aging, 655 area agencies on aging, 238 tribal organizations, 29,000 

local service organizations, and a cadre of 500,000 volunteers. 

The Administration on Aging (AoA) within the Department of 

Health and Human Services is the primary federal entity charged 

with serving the needs of older Americans and coordinating the development of a comprehensive, nationwide system of services that 

will enable older adults to remain in their own homes and communities as long as possible. OAA programs administered by the AoA 

received $1.366 billion for fiscal year 2006. 

The OAA also authorizes the Senior Community Service Employment Program (SCSEP) administered by the Department of Labor 

(DoL). The principal purpose of SCSEP is to help low-income older 

workers gain employment skills and job training through temporary subsidized community service activities or unsubsidized employment. SCSEP serves low-income older workers beginning at 

age 55. Most participants are initially placed in government subsidized, part-time community service activities, with the goal of 

gaining skills that lead to unsubsidized employment. Subsidized 

participants are paid no less than the federal or state minimum 

wage or the local prevailing rate of pay for similar employment, 

whichever is higher. 

Funds are distributed to states and national organizations to operate the program, and since 2002, DoL has distributed funds to 

national organizations through a competitive grant process. There 

are currently 13 participating national non-profit organizations. 

SCSEP received $432.3 million for fiscal year 2006. 

Since its enactment in 1965, the Act has been reauthorized 14 

times. The 1969 amendments strengthened the community service 

programs and charged state agencies on aging with statewide responsibilities for planning, coordination, and evaluation of programs for older persons. Major amendments to the Act occurred in 

the early 1970s, including the enactment of the nutrition component, which evolved from nutrition demonstration projects first 

funded in 1968. 

The 1972 amendments authorized grants to public and nonprofit 

sponsors for the development of congregate meal services to meet 

the nutrition and social services needs of older persons. In addition 

to providing meals, Congress envisioned the program to serve as an 

important vehicle for fostering social interaction among participants and to facilitate social service delivery. The program’s dual 

purposes of maintaining health through good nutrition and by providing opportunities for social interaction continue today. 

The 1973 amendments significantly restructured the Act with 

the aim of improving the planning and organization of services for 

older persons at the state and local levels. State agencies were required to divide the state into geographic areas, or planning and 

service areas, and to establish area agencies on aging at the community level for the purpose of developing area-wide social service 

delivery systems for older persons. Area agencies were given responsibility for planning and coordinating of programs for older 

persons within defined planning and service areas designated by 

the state agencies on aging. In addition, area agencies were responsible for advocating on behalf of older persons. 


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The 1978 amendments represented a major change in the structure of the program when the separately authorized supportive, nutrition and multipurpose senior center programs were folded into 

the title III administrative structure. Another major change was 

the addition of a separate authorization of appropriations for homedelivered nutrition services, which were previously an allowable 

service under the congregate nutrition program. These amendments also established the state long-term care ombudsman program to investigate and resolve complaints of nursing home and 

board and care home residents, and a new title VI authorizing 

grants to Indian tribal organizations for supportive and nutrition 

services to older Indians. The amendments also incorporated the 

community service employment program as title V of the Act. 

Amendments in 1981 and 1984 gave states greater flexibility in 

the administration of the nutrition and supportive services programs. The 1987 amendments created new separately authorized 

service components under the state and area agency on aging program, including in-home services for the frail elderly, and health 

promotion and disease prevention programs. These amendments 

also incorporated a grant program for older Native Hawaiians 

under title VI. The amendments in 1992 again restructured some 

of the Act’s programs by shifting some of the title III service responsibilities to title VII for elder rights protection activities. 

The 2000 amendments consolidated several funding authorities 

and increased state and local flexibility in program administration. 

The 2000 amendments also established the National Family Caregiver Support Program and required the Secretary of Labor to establish performance measures and award grants competitively for 

the Senior Community Service Employment Program. 

In 2005, authorization for the Act expired. However, OAA programs continue to receive funding through the appropriations process. For fiscal year 2006, $1.78 billion was appropriated for these 

programs. 

Since its creation, the OAA has grown to be one of the most visible service programs for older persons. In fiscal year 2005, the largest component of the Act, the title III nutrition program, provided 

250 million meals to about 2.6 million older persons. About 50 percent of the meals were provided in congregate settings, such as 

senior centers and community centers, and 50 percent were delivered to frail older persons in their homes. The supportive services 

program provides funds to states for a host of social services and 

activities. The most frequently used services are transportation, information and referral, senior centers, outreach services, home 

care, and recreation. In fiscal year 2005, the program funded approximately 6,400 senior centers, 36 million rides, 13 million responses to request for information and assistance, and 20 million 

home care services. The Senior Community Service Employment 

Program accounted for about 25 percent of the OAA funds in fiscal 

year 2006. The program supports about 61,000 employment positions for approximately 91,500 low-income individuals age 55 and 

older. Funds are provided to State agencies and, through competitive grant awards, to non-profit national organizations. Enrollees 

work in a variety of community service activities including social 

services, education, nutrition services, senior centers, home care 

services, and parks and recreation. 


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The Senior Independence Act of 2006 is specifically designed to 

modernize the Older Americans Act in preparation for a growing 

number of Americans age 60 and older. The U.S. is facing the 

aging of the largest demographic cohort in its history. In 2006, the 

first children of the ‘‘baby boom’’ generation will turn age 60, adding to the 49 million Americans who already are age 60 or older, 

including over 5 million who are older than age 85. 

By 2030, 70 million Americans—twice their number in 2000— will be 65 and over and comprise 20 percent of the U.S. population, 

representing one in every five Americans. With life expectancy also 

rising, older adults will collectively live longer than their predecessors. With a high percentage of baby boomers expected to live 

beyond 85, experts predict a 60 percent surge in the population of 

Americans age 85 and older between 2030 and 2040. 

The Senior Independence Act aims to ensure flexibility, streamline services, target resources to individuals with the greatest need, 

foster consumer choice, improve nutrition services, support family 

caregivers, and enhance the performance of senior employment programs, so that seniors can live healthier, productive, and longer 

lives independently in their communities. 

Additionally, H.R. 5293 establishes a clear role for the aging network in providing information to assist older Americans make decisions about home and community-based long-term care options, 

and to gain access to long-term care and other support services 

when they are needed. The services provided by the OAA are helping older Americans avoid institutional care and have the potential 

to save billions in federal entitlement spending on Medicare and 

Medicaid. By the year 2020, CBO projects that total public and private expenditures will reach well over $207 billion. 

STATE AND COMMUNITY PLANNING

The first baby boomers have begun turning 60 this year, yet 

most communities are unprepared to handle the increased demands that this population shift will create. According to Mr. Michael O’Donnell, Executive Director, East Central Illinois Area 

Agency on Aging, who testified May 24, 2005 before the Select Education Subcommittee: 

Over the course of the next three decades, the aging of 

the baby boomers will have a direct and dramatic impact 

on the social, physical and fiscal fabric of our nation’s cities and counties. The aging of our nation’s population will 

not only impact traditional aging services, it will also affect every aspect of local government programs, policies 

and services in the areas of health, human services, land 

use, housing, transportation, public safety, workforce development, economic development, recreation, education/ 

lifelong learning, and volunteerism/civic engagement. 

Despite the demographic forecast, few communities have begun 

to prepare for an aging population . . . AAAs and title VI Native 

American aging programs are uniquely positioned to serve as a liaison to local agencies to help them prepare to address the challenges and opportunities posed by aging population. 

The Committee recognizes that the rise in the number of aging 

citizens will impact our Nation’s cities and counties. H.R. 5293 enVerDate Aug 31 2005 01:59 Jun 12, 2006 Jkt 049006 PO 00000 Frm 00043 Fmt 6659 Sfmt 6602 E:\HR\OC\HR493.XXX HR493

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courages state and local aging agencies to help communities plan 

and prepare for the impact of the aging population. The Senior 

Independence Act authorizes the AoA to support planning activities 

that include assessment, coordination, and training and technical 

assistance. The Senior Independence Act also encourages state 

units on aging and area agencies on aging to incorporate into their 

state and area plans an assessment of how prepared the state or 

planning and service area is for the anticipated change in the number of older individuals over the next ten years. 

CHOICES FOR INDEPENDENCE

The Committee finds that the United States can best meet the 

challenges associated with the aging of the baby boom generation 

by strengthening the Nation’s capacity to foster the independence 

of older people. Consistent with the Choices for Independence plan 

proposed by President George W. Bush, the Committee is committed to strengthening the Act’s role in promoting consumer 

choice, control, and the independence of older Americans as they 

age. 

Choices for Independence was developed to supplement the President’s New Freedom Initiative and the Administration’s policy for 

modernizing Medicare and Medicaid. Choices for Independence integrates best practices to promote consumer choice, access to information, and health promotion. Research shows that by empowering 

individuals to make informed decisions about their long-term support options; providing more choices for individuals at high-risk of 

nursing home placement; and enabling older people to make behavioral changes that will reduce their risk of disease, disability, and 

injury, older individuals can maintain a good quality of life and reduce health care costs. 

Assistant Secretary on Aging, Josefina Carbonell, best described 

the Administration’s Choices for Independence plan at the May 2, 

2006 hearing of the Subcommittee on Select Education: 

Choices embodies three interrelated strategies for advancing systems change at the State and community level 

and is intended to test the effectiveness of this combined 

set of strategies. The demonstration builds on the unique 

assets of the aging network, its core programs and the best 

practices that have come from AoA’s strategic investments 

since the last reauthorization. 

The Committee commends the Administration for its leadership 

role in advancing long-term care systems change and strongly supports its recent efforts to help move states toward consumer-directed models of care. The Committee recognizes the success of several recent HHS initiatives rooted in the principles of consumer 

choice, access to information, and preventive health care, such as 

the Aging and Disability Resource Center Initiative; the Own Your 

Future Long Term Care Awareness Campaign; the Cash and Counseling Demonstration Program; and the Evidence-Based Disease 

Prevention for the Elderly Program. 

These initiatives, which are part of the larger Choices for Independence plan, build on the mission and success of the OAA and 

support the Committee’s goal of modernizing the Act. The OAA is 

uniquely positioned to advance these changes; it has a statutory 


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focus on keeping older people independent and living in their own 

homes and communities for as long as possible, and a successful 

history of providing low-cost, non-medical supports through federal, 

state and local partnerships. 

The Committee is confident that the core principles of Choices for 

Independence are elements essential to the strengthening of our 

Nation’s long-term care systems. These principles will make the 

system more consumer driven and more cost-effective, and should 

be implemented nationwide. Accordingly, the Committee has embedded the principles of Choices into the core structure of the Act. 

The Committee also believes Choices for Independence has the potential to generate significant savings to large, taxpayer-funded entitlement programs like Medicare and Medicaid. 

Consumer Choice: Research demonstrates that consumer driven, 

self-directed care models that provide for the assessment of the 

needs and preferences of an individual at risk for institutional 

placement can help individuals avoid unnecessary nursing home 

placement. Furthermore, consumer driven models better respond to 

individuals’ needs and preferences and provide the option for the 

individual to direct and control the receipt of support services provided. 

H.R. 5293 includes an amendment offered by Mr. Danny K. 

Davis and Mr. Jon C. Porter to support consumer-driven models of 

home and community-based care and to help prevent high-risk individuals from spending down their savings to receive Medicaid. 

The provision directs the AoA to develop policy alternatives for 

long-term care provided in home and community-based settings. 

Access to Information: The Senior Independence Act encourages 

service delivery models that provide consumer-directed and community-based long term care options. For example, H.R. 5293 authorizes the establishment of Aging and Disability Resource Centers (ADRC) in each state and Puerto Rico (AoA currently funds 

one or more ADRCs in 43 states). ADRCs conduct public outreach 

and provide individual support through ‘‘one stop’’ centers designed 

to be ‘‘visible and trusted’’ sources for information on all available 

support options, including private financing options such as longterm care insurance and home equity instruments. These centers 

can empower individuals—both those in immediate need and those 

who have the ability to plan ahead for their long-term care—to 

make informed decisions about their support options. This will reduce the confusion and frustration consumers and their families 

often face as they explore long-term care options. It also will improve government efficiency by integrating the multiple eligibility 

forms and procedures for various public programs that help finance 

long-term support options. 

Health Promotion: The Committee recognizes the importance of 

evidence-based disease prevention and health promotion initiatives. 

There is a growing body of scientific evidence on the efficacy of lowcost programs that can empower older individuals, including functionally impaired individuals, to better maintain their health. 

These programs focus on interventions such as chronic disease selfmanagement, falls prevention, exercise, and nutrition. Activities 

such as screening for early disease detection and lifestyle changes 

to increase physical activity, consume healthful foods, stop tobacco 


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use, and avoid risky behaviors can help prevent or delay the onset 

of chronic disease or functional disabilities. 

The Senior Independence Act will strengthen the role of the OAA 

in translating research into practice by promoting the use of evidence-based health promotion and disease prevention programs at 

the community-level through local aging services provider organizations such as senior centers, nutrition programs, senior housing 

projects, and faith-based groups. These programs can improve quality of life, reduce health care costs, and complement the increasing 

focus on prevention in our health care system. 

Overall, H.R. 5293 will, consistent with the Choices for Independence plan, give states and communities greater flexibility 

under the OAA to help moderate and low-income individuals to remain in their homes and delay their premature entry into nursing 

homes. Choices will provide flexible funding that will be targeted 

at individuals, not at service categories as with the current titles 

under the Act. This will make it easier for states to respond to people’s individualized needs and preferences. It also will promote the 

use of consumer-directed approaches, including ‘‘cash and counseling’’ models that give consumers more control over the care they 

receive. 

TARGETING SERVICES TO INDIVIDUALS WITH THE GREATEST ECONOMIC

AND SOCIAL NEED

According to the U.S. Census, 4.4 million people (12.6 percent) of 

individuals age 65 or older spoke a language other than English at 

home. Less than half of these individuals (47 percent) spoke 

English ‘‘very well.’’ The same report states that in 2003, 83 percent of older Americans were white, 8 percent black, 6 percent Hispanic, and 3 percent Asian. By 2030, those percentages are projected to be 72 percent white, 11 percent Hispanic, 10 percent 

black, and 5 percent Asian. 

The Older Americans Act throughout its history has targeted 

services to those with the greatest economic and social need. The 

Act directs states and local area agencies on aging to pay particular 

attention to low-income, minority and rural populations. The Committee recognizes that individuals with limited English proficiency 

(LEP) may have unique needs, and that language often is a significant barrier to older individuals seeking information or access to 

services within a community. The Committee included amendments to direct states and local area agencies on aging and service 

providers to make special efforts in their outreach and services to 

meet the needs of older individuals who have limited English proficiency. 

BENEFITS OUTREACH AND ENROLLMENT

The Committee is aware that older Americans who are eligible 

for important public benefits are not always receiving them. An estimated 47 percent of the elderly eligible for Supplemental Security 

Income, 70 percent of seniors eligible for food stamps, 67 percent 

of people eligible for Qualified Medicare Beneficiary protections, 

and 87 percent of those eligible for Specified Low-Income Medicare 

Beneficiary protections are not participating in these programs. 

While poverty among those age 65 and older has fallen from onein-three older persons in 1960 to one-in-ten today, an estimated 28 


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percent of Americans age 65 and older had incomes of less than 

$10,000 in 2004 (Congressional Research Service, 2006). It is the 

Committee’s view that the aging network should help to ensure 

that eligible beneficiaries age 65 and older receive support in accessing the full range of public and private services and assistance 

for which they are eligible. 

An amendment offered by Mr. John R. ‘‘Randy’’ Kuhl, Jr. encourages the AoA to support identification and outreach to low-income 

seniors eligible for public assistance. There are many trusted, nonprofit community organizations and many caregivers that can help 

find and assist low-income seniors, but they need easy-to-use tools 

to help seniors understand what they are eligible for and to assist 

them with enrollment. Trusted intermediary organizations also 

need resources to be able to reach beneficiaries and provide one-onone counseling and enrollment assistance. While some support is 

currently being provided in conjunction with outreach for the new 

Medicare prescription drug benefit and other federal programs such 

as Food Stamps, there is no focused, coordinated effort to assist 

low-income seniors in receiving the range of assistance for which 

they may be eligible. 

H.R. 5293 will help improve the health and independence of lowincome seniors who are not receiving assistance available to them. 

The provision has the potential to significantly boost efforts to find 

and enroll additional low-income seniors in the Medicare prescription drug discount program. 

FINANCIAL LITERACY

The Committee is aware that vulnerable older Americans are too 

often victimized by identity theft or other financial exploitation. 

Family caregivers often must make financial decisions with little or 

no support or understanding about options and their consequences. 

Therefore, the Committee included amendments to strengthen financial literacy services in the Act. The first amendment includes 

financial literacy as one of the family caregiver support activities. 

The second adds public outreach and education to support financial 

literacy and prevent identity theft as activities in the prevention of 

elder abuse. 

SENIOR VOLUNTEERS

Adults over 60 represent a source of human capital to meet critical social needs. Tapping this resource through paid and unpaid 

public service has the potential to expand the economy while providing civic benefit. It is projected that the productivity of seniors 

could add over $3 trillion to the GNP by 2045. 

The Committee recognizes the value and potential return on investment of civic engagement and volunteerism among the Nation’s 

senior population, and encourages the development of new models 

for civic engagement. Older adults across the country can be strategically mobilized to tutor and mentor children, facilitate access to 

health services, strengthen communities and families, provide respite to caregivers, and bolster the long-term care system—all civic 

activities shown also to contribute to their own well-being. 

H.R. 5293 includes amendments to promote volunteerism and the 

coordination of OAA programs with other national volunteer programs such as those authorized through the Corporation for NaVerDate Aug 31 2005 01:59 Jun 12, 2006 Jkt 049006 PO 00000 Frm 00047 Fmt 6659 Sfmt 6602 E:\HR\OC\HR493.XXX HR493

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tional and Community Service. Volunteers play a critical role in 

the aging network. Seniors do not just receive services from the 

Older Americans Act programs; they are primary service providers, 

contributing countless hours and expertise to improve their communities. The Committee recognizes the tremendous potential in 

the soon to retire baby-boom generation and encourages the aging 

network to leverage that resource by expanding opportunities for 

volunteerism and employment. 

NUTRITION

Older Americans Nutrition Programs serve about 250 million 

congregate and in-home meals to about 2.6 million older adults annually and are intended to reduce nutrition risk among older 

adults. The goals are to support quality of life, improve 

functionality, promote independence, and decrease early nursing 

home admissions and hospitalizations, and reduce health disparities, through better nutrition. 

Food is an essential component of quality of life; an unacceptable 

or unpalatable diet can lead to poor food and fluid intake, resulting 

in weight loss, under nutrition and a spiral of negative health effects. Normal aging brings about a decrease in both the energy an 

individual requires and the amount of food consumed. 

The Committee is aware that older Americans are often malnourished. Approximately 40 percent of individuals residing in the community age 65 years and older have inadequate nutrient intakes. 

The malnutrition rate for older Americans is 1 in 4, and 1 in 3 

OAA program participants are underweight (Institute of Medicine, 

2003). Inadequate nutrient intake is complicated by the fact that 

as individuals age, the body loses some of its ability to make and 

absorb nutrients. 

The combined effect of poor diet and the inability to make and 

digest nutrients causes vitamin and mineral deficiencies in many 

older Americans. According to the Baltimore Longitudinal Study on 

Aging, a majority of older men and women are deficient in calcium, 

zinc, iron, magnesium, and vitamin D. Older adults are more susceptible to nutrient deficiencies for a number of reasons, including 

chronic diseases that impair absorption and utilization of nutrients, 

oral problems such as gum disease and dysphagia, and loss of appetite due to medications and their side effects. A study conducted 

by the Institute of Medicine (IOM) found that inadequate nutrient 

intake affects up to 40 percent of community dwelling older adults, 

and 87 percent of older Americans suffer from chronic conditions 

which can be managed in part by appropriate nutrition intervention. Thirty percent of individuals receiving home-delivered meals 

have three or more activities of daily living (ADL) impairments, 

comparable to individuals receiving nursing home care. 

The Committee finds that stronger and more comprehensive and 

coordinated nutrition services will improve quality of life, reduce 

health care costs, and complement efforts focused on prevention. 

Comprehensive nutrition services, which may include nutrition 

screening, assessment and counseling, can benefit OAA clients who 

receive meals, especially those who are homebound. Further, these 

activities can prevent the devastating and debilitating conditions 

often seen upon admission to hospitals and nursing homes, such as 


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dehydration, pressure ulcers, unexplained weight loss and uncontrolled diabetes. 

Maintaining a healthy body weight is important for older adults, 

since being overweight or obese is associated with a greater risk of 

disease and can worsen existing conditions. While research shows 

that obesity is the most common nutritional disorder in older persons, malnutrition and being underweight also continue to be pervasive problems. One in three older Americans are underweight, 

and all have a high risk of being deficient in commonly required 

nutrients (Institute of Medicine, 2000). 

Chronic diseases are extremely prevalent in older population and 

can be prevented, delayed or diminished through diet, exercise, and 

other positive lifestyle choices. According to the Centers for Disease 

Control, 85 percent of individuals over the age of 65 have at least 

one chronic disease. Heart disease and cancer are two chronic diseases that can be prevented or managed by making healthy lifestyle choices, particularly by maintaining a proper diet. According 

to the American Cancer Society, one third of all cancer deaths are 

related to unhealthy diet and lifestyle behaviors. Proper nutrition 

is an important factor in preventing cancer; and studies have 

shown that greater consumption of fruits and vegetables lowers an 

individual’s risk of developing several cancers including lung, 

mouth, colon, and stomach (American Cancer Society. Diet, Physical Activity and Cancer . . . What’s the Connection? Byers, Tim, 

MD and Doyle, Colleen, MS, RD. American Cancer Society website: 

www.cancer.org). 

The nutrition services provided under the OAA play a vital role 

in helping seniors to continue to lead active, independent, healthy 

lives and avoid unnecessary institutionalization. The OAA nutrition program serves a population that is older, poorer, less healthful, more racially and ethnically diverse, and with more functional 

impairments than the general US population. 

Congregate and home delivered meals provided with OAA funding must deliver 331⁄3 percent of dietary requirements per meal. 

For the majority of meal program participants, the meal they receive provides over 50 percent of participant’s daily dietary intake. 

Home delivered meals provide about 62 percent of a participant’s 

daily dietary intake. For congregate meal participants, meal participants receive 58 percent of daily dietary intake from the meal 

provided. 

A consistent total diet and eating pattern over a period of time 

is more important than any single meal to establish a healthy diet 

in accordance with the most recent dietary guidance. H.R. 5293 

simplifies nutrient requirements by authorizing nutrition providers 

to average key nutrients. There is precedence for averaging nutrient intake in the National School Lunch Program. When local service providers are allowed to average the nutrients their meals provide over time, rather than adhering each meal to the strict 331⁄3

daily value percentages, they can plan meals that better accommodate the preferences of the clients they serve. Furthermore, as the 

title III language strongly encourages, when registered dietitians 

and qualified nutrition professionals are closely involved in meal 

planning, meals can be planned in such a way to be both palatable 

and appropriate for the client while still meeting their nutritional 

needs. 


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Section 23 of the Senior Independence Act allows local meal providers the option of offering a single multivitamin-mineral supplement to a congregate meal participant along with a complete meal. 

The supplement may not replace all or any part of a meal and is 

not intended to be factored into the nutrient requirements of such 

meal. A single, daily multivitamin supplement can help prevent 

nutrition deficiencies common in many older Americans. A daily 

multivitamin-mineral supplement is an inexpensive strategy to 

help insure the nutritional health of older Americans. Multivitamins are broadly available for less than $40 per year per person (7 cents per day at retail price, cheaper if bought in bulk). A 

2003 report by the Lewin Group estimated that daily use of a 

multivitamin by adults over the age of 65 could lead to approximately $1.6 billion in Medicare savings over five years. 

ROLE OF NUTRITION PROFESSIONALS

The essential factor in keeping older adults active, healthy and 

at home is applying the basic nutrition science from the Recommended Dietary Allowances and the Dietary Guidelines for 

Americans. Nutrition science has become increasingly complex, and 

the most recent scientific evidence should be put into practice to 

benefit older adults. Nutrition professionals such as registered dietitians have the necessary education and training to integrate and 

disseminate scientific information to the providers of nutrition 

services. Registered dietitians bring specific skills to the design, implementation and evaluation of nutrition programs that are invaluable to service providers. Qualified nutrition professionals also can 

ensure that the role of nutrition is addressed in the context of longterm care for individuals involved in home- and community-based 

services. These programs are serving frail older adults who often 

have more complex nutritional needs than a member of the average 

population. A registered dietitian or other qualified nutrition professional should, when possible, serve as a resource for training 

other professionals and as a team member in designing the comprehensive and coordinated services that will meet the unique 

needs of older adults in each state. 

NUTRITION PROGRAM EVALUATION

An amendment offered by Representative Mark E. Souder (R–IN) 

requires the Administration on Aging to contract with the Food and 

Nutrition Board at the IOM to conduct an independent study to 

evaluate the nutrition services provided under the OAA. This study 

would be the first independent evaluation of the impact the nutrition services provided by the OAA have on older adults’ health and 

quality of life. The advances that have occurred in nutrition knowledge and its application have made the public aware of the importance of food and nutrition for a healthy life, illness or injury risk 

reduction and disease management and prevention. However, older 

adults account for a disproportionate share of the escalating costs 

of Medicaid and Medicare. The purpose of this study is to determine whether the nutrition services are meeting the goal of helping 

seniors live healthier lives, which in the long term should reduce 

health care costs. The American Dietetic Association, the National 

Association of Nutrition Service Providers and the Meals on Wheels 

Association of America all recognize the importance of this study 


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to ensure that their programs are successful and the public’s tax 

dollars are being spent in the most effective manner. 

The Committee also supports the action of the AoA to contract 

with an outside entity to conduct an administrative review of the 

title III nutrition program, but notes that the evaluation recently 

commissioned by AoA serves a different purpose, and therefore is 

not duplicative of the IOM study authorized by H.R. 5293. 

NUTRITION RESOURCE CENTER

The Committee supports the continued funding of a National 

Center for Nutrition, Physical Activity and Aging. The Administration on Aging has funded such a center through a competitive 

grant process since 1995. The Center provides senior nutrition 

service providers and the public vital information to improve food 

and nutrition services provided to older individuals. The Center encourages risk-based nutrition screening to identify and serve the 

neediest, provides technical training, disseminates timely information, and conducts policy analysis and outcomes research. The Center’s applied, community-based research has fostered vital links 

among researchers, local nutrition service providers, older adults, 

and caregivers. 

NSIP

Nutrition Services Incentive Program (NSIP) authorized in section 311 of the Older Americans Act provides incentives to States 

and Tribes for the effective delivery of nutritious meals to older 

adults. Since 2003, the program is administered by AoA, which provides cash and/or commodities through the United States Department of Agriculture (USDA) to supplement meals provided under 

the authority of the OAA. State Units on Aging (SUAs) funded 

through title III of the OAA and Indian Tribal Organizations 

(ITOs) funded through title VI of the OAA may receive grants of 

cash from the AoA and/or commodities from the USDA to support 

OAA nutrition programs. The NSIP cash or cash and commodity allocation to SUAs and ITOs is a proportional share of the annual 

appropriation based on the number of meals served in the prior 

year. 

Section 19 of the Senior Independence Act converts NSIP into a 

cash only program. This change in program operation was requested by the Administration on Aging and supported by the Department of Agriculture. The provision is intended to streamline 

the purchase and delivery of small amounts of commodities by providing cash to states for the purchase of commodities. The provision authorizes but does not mandate that a local nutrition service 

provider funded under the Older Americans Act make a local 

agreement with a local school district to better meet unique, local 

community needs. Local school districts could benefit from discounts provided to larger bulk purchase orders when the needs of 

the local nutrition service provider and the local school district are 

combined. 

While the proposal would provide cash only to all states, the proposed language does not preclude a state unit on aging from reaching an agreement with another state agency to continue the purchase and distribution of commodities at a state level. 


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VOLUNTARY CONTRIBUTIONS

The Committee recognizes that seniors have many reasons for 

needing OAA services, and that those needs are not always economic. The majority of its Members believe that those seniors who 

can afford to contribute to the cost of their meals and other services should do so. While nutrition programs receive the bulk of the 

funding under the Older Americans Act, funding is not available to 

cover all eligible individuals. In many communities there are other 

programs that provide meals to older individuals. The major source 

of additional funding for these programs comes from seniors in the 

form of voluntary contributions. Until the 2000 amendments, the 

law restricted efforts to solicit voluntary contributions from program participants. 

H.R. 5293 retains the long-standing federal policy of prohibiting 

states from applying cost-sharing to certain services: information 

and assistance, outreach, benefits counseling, and case management; ombudsman, elder abuse prevention, legal assistance, or 

other consumer protection services; congregate and home delivered 

meals; and any services delivered through tribal organizations. 

The Committee understands the increasing demand for services 

and the need to collect additional funding and expand supportive 

and nutrition services under title III. According to some local providers, confusion remains regarding the extent to which a provider 

may solicit voluntary contributions. Therefore, the legislation clarifies and strengthens the existing provision relating to the solicitation of voluntary contributions by expressly authorizing service providers to solicit voluntary contributions. Further, service providers 

are required to encourage such contributions from eligible individuals whose self declared income is at or above 125 percent of the 

federal poverty line. 

Mr. Vinsen Faris, Executive Director, Meals on Wheels of Johnson and Ellis Counties, Texas testified that the need for home-delivered meal services by older individuals is not always economic. 

As he noted at the Subcommittee on Select Education’s May 2, 

2006 hearing: 

We learned that by giving people an opportunity to do 

their part, the welfare stigma can be alleviated. We also 

learned several other important lessons from that experience. We learned that senior meal programs are misunderstood by many in the community and thought to be only 

for low income people. We learned that voluntary contributions are essential to expanding our program. Our success 

at encouraging donations from clients has been great. In 

fact, our client donations have generally accounted for 

seven to ten percent of our overall revenue. Client contributions have been one of our largest single sources of 

revenue in our budget each year. 

Last time Congress reauthorized the Older Americans 

Act, you helped us accomplish this by changing the law to 

allow us to actively solicit contributions. It has made a real 

difference. I believe the change that you are proposing in 

your reauthorization bill will have the same effect. It will 

enable us to be more effective about bringing those seniors 

who need our services, but also have the ability to pay, 


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into our program. And it will assist our program in encouraging contributions from them. 

Determination of the best method of accepting contributions remains a local decision. The law permits providers to send individualized client benefit summaries to program participants in order 

to increase voluntary contributions. Providers have pointed out 

that many individuals want to contribute at a level that covers the 

cost of the meal service if they were provided a statement that 

summarized the actual cost of their meals. However, H.R. 5293 

maintains current law that any contribution is voluntary and all 

solicitations shall be non-coercive. Written requests should solicit 

contributions for a fixed period of service (such as a month) only 

and not reflect any past due balances. Such written requests 

should state clearly that contributions are voluntary and the statement should not be construed as a bill. 

The Committee does not support any method of soliciting voluntary contributions or cost-sharing that would deny meals to eligible individuals due to their inability or refusal to pay. However, the 

Committee has found that most individuals want to contribute to 

the cost of their meals or other service and will do so willingly, 

even if a contribution does not cover the full cost of the meal or 

service provided. 

Further, H.R. 5293 stipulates that monies collected through contributions are supplemental funds for the provision of services from 

which they are collected and may not be used to supplant other 

funds provided under the Act. Title III allocations to any service 

provider should not be reduced based on the amount of voluntary 

contributions received. 

TRANSFER AUTHORITY

Current law allows States to transfer up to 30 percent of Title 

III–C funding (nutrition services) to Title III–B (supportive services). The allowance of transfers is important because such flexibility of programming and financing in States recognizes the close 

interrelationship between meals and supportive services that exists 

in the communities. Flexibility allows States to adapt the use of 

funding to the needs that arise where they are, and avoid one-sizefits all models of programming. The current flexibility of transfer 

authority allows State and local entities to accurately identify the 

units of service being provided under the Act and the unit cost of 

those services. 

The 2000 amendments liberalized current law restrictions on the 

transferability of funds from congregate and home-delivered nutrition services allotments. Because the demand for services can 

change from month to month, states and local providers need the 

flexibility to fund services when and where they are needed. As 

such, the Committee supports state flexibility to transfer up to 50 

percent of funds between congregate and home-delivered nutrition 

services. This flexibility allows local providers greater ability to allocate funding based on the types of nutritional services actually 

needed by older individuals residing in their community. 

Most transfers from nutrition to supportive services are from 

congregate meals funds (which is funded at higher levels than 

home-delivered meals), and there is justification for such transfers. 


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For many congregate meals programs, there is an almost inseparable relationship between meals and supportive services activities. 

It is very common, for example, for frail elderly people to be transported between their homes and the congregate meals sites on almost a daily basis, and these transportation services are classified 

as supportive services. 

Transfer authority allows States, where needed, to ensure that 

they can match the level of financing needed for non-meal costs 

that are associated with their congregate meals programs. For example, if States were not allowed to use such transfers, the cost of 

transporting elderly people to congregate meal sites might aversely 

affect other necessary supportive services for homebound individuals. Similarly, significant other non-meals services, such as exercise services, information, assistance, and counseling, are provided 

to elderly individuals in congregate meal sites, and so are closely 

related to the delivery of the meals. 

The Committee notes that some nutrition providers are advocating for a prohibition on funds transfers between title III–B, 

which provides supportive services, and title III–C, which provides nutrition services. In 2005, $708,000 (0.2 percent) was transferred 

from supportive services to meals, and $36 million (6.4 percent) 

was transferred from meals to supportive services. Both these 

amounts are significantly below transfers allowed under the OAA 

and are slightly less than the percentages transferred in 2003. According to analysis of AoA data, rates of transfer between nutrition 

and supportive services have remained consistent over time. The 

Committee finds no indications of widespread interest among the 

States in increasing levels of transfers. 

The Committee cautions States from transferring funds from nutrition services to non-nutrition supportive services unless such 

transfers support, facilitate, or foster participation in senior nutrition programs. In particular, States with a high prevalence of food 

insecurity are strongly discouraged from diverting funding provided 

for food services to non-food expenditures and should do so only as 

a last resort. Further, the Committee strongly encourages states to 

use general and administrative dollars provided in the specific line 

item or category for which the funds were intended. The Committee believes strongly that, while flexibility should be preserved, 

Title III–C dollars should not be used by states to pay the administrative cost associated with managing Title III–B services. 

CONTRACTUAL, COMMERCIAL, AND PRIVATE PAY RELATIONSHIPS

Current law requires area agencies on aging to maintain the integrity and public purpose of services in all partnerships, contractual, and commercial relationships. This provision has been interpreted to prohibit area agencies on aging and other service providers from using any OAA funds, including administrative funds 

or staff time, to develop contractual or commercial relationships 

that would result in payment for services to the non-profit agency. 

The Committee recognizes that the aging services provider network has knowledge, skills and services that are needed by a growing number of older individuals, adults with disabilities, caregivers 

and persons planning for longer-term care needs. These skills and 

services are currently provided by the network while a new industry has developed in the marketplace of unskilled individuals who 


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attempt to sell sometimes inferior information and services to those 

who can pay. The aging network, if able to implement a system to 

respond to this market, could provide reliable services—from a 

known and trusted community resource—to those individuals and 

businesses accustomed and able to pay for services. 

Section 9 of the Senior Independence Act clarifies intent that efforts by the aging services network to be more entrepreneurial, expand services to help support the aging baby boom populations, 

and allow for private pay opportunities are permissible and encouraged. At the same time, this provision maintains safeguards to ensure that aging network providers operate in a manner consistent 

with the public purpose mission and targeting provisions of the 

OAA. 

SUPPORTING FAMILY CAREGIVERS

Despite substantial public spending for long-term care (primarily 

for nursing home care), relatives provide the bulk of long-term care 

services to family members with physical and cognitive disabilities. 

Over 7 million caregivers provide informal, or unpaid, care to elderly family members each week. Typically, adult children provide this 

care to elderly parents. About two-thirds of the functionally impaired elderly rely exclusively on informal assistance. Research has 

documented the enormous responsibilities that families face in caring for relatives who have significant impairments. 

Section 30 of H.R. 5293 reauthorizes the National Family Caregiver Support Act and strengthens assistance available to caregivers. The Family Caregiver program provides grants to States for 

services such as counseling, training, support groups, respite-care, 

informational assistance, and supplemental services to family 

members caring for an aging family member, and for grandparents 

age 60 or older caring for a grandchild. Funding for the program 

is distributed on the basis of a State’s relative share of individuals 

age 70 and older in order to target resources to the most frail, however, individuals age 60 and older in need of caregiver services will 

be eligible to receive the services. Within States, funding is distributed to those seniors who have the greatest social and economic 

need with particular attention to low-income older individuals. 

Since its inception in 2001, the National Family Caregiver Support Program has proven successful in enhancing the quality of life 

for frail individuals and those who care for them. Today, the program serves over 500,000 caregivers. The Administration on Aging 

has documented that in 2004, 52 percent of caregivers reported 

that services provided by the National Family Caregiver Support 

Program helped them to provide care longer. 

Further, the program is saving taxpayer money by preventing or 

delaying institutionalization of older individuals who, with caregiver supports, are able to live independently. Approximately over 

4.5 million persons age 65 and older living in the community need 

long-term care assistance due to a functional disability. Functional 

disability is defined as the inability to perform, without assistance, 

the following activities of daily living (ADLs): dressing, eating, 

bathing, transferring from a bed to a chair, and toileting; and/or, 

the inability to perform certain instrumental activities of daily living (IADLs): light housekeeping, meal preparation, shopping, taking medications, and managing money. Caregivers provide an averVerDate Aug 31 2005 01:59 Jun 12, 2006 Jkt 049006 PO 00000 Frm 00055 Fmt 6659 Sfmt 6602 E:\HR\OC\HR493.XXX HR493

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age of 20 hours of unpaid help each week to older individuals with 

certain functional limitations. Unpaid work, if replaced by paid 

home care, would cost an estimated $45 billion to $94 billion annually. 

According to the 2000 U.S. Census, more than 2.4 million grandparents in the United States have the primary responsibility for 

raising grandchildren, and 6 million children, or 1 in 12, under the 

age of 18 live in a home of a grandparent or other relative. Section 

29 of the Senior Independence Act expands eligibility for caregiver 

support to grandparents and other relatives age 55 years of age or 

older who care for a grandchild or an adult child with a disability. 

Under current law, a local AAA may reserve up to 10 percent of 

the programs funds to serve older caregivers age 60 and older. Because a significant number of grandparents raising a grandchild 

are under age 60, this change increases to nearly half the number 

of grandparents eligible for caregiver assistance. A May 2006 letter 

to Congress co-signed by the National Council on Aging, Generations United, Child Welfare League, and Easter Seals stated, ‘‘Lowering the age limit to 55 better responds to the demographics of 

relative caregivers and the unique challenges they face.’’ Research suggests that grandparents raising grandchildren have 

health problems more comparable to individuals of a greater age. 

A 1999 study reported in the American Journal of Public Health 

demonstrated that caregiving grandparents had a 50 greater 

chance of having a functional limitation than non-caregiving grandparents. 

The Senior Independence Act allows caregivers who care for individuals of any age with Alzheimer’s disease or other dementias or 

neurological disorders to receive support from the National Family 

Caregiver Support program. Under current law, caregivers only receive support when they are caring for adults age 60 or over, however, it is estimated that about 300,000 individuals—about six to 

eight percent of the four million Americans diagnosed with Alzheimer’s disease—are cases of early onset (Mayo Clinic, 2005). It 

is the view of this Committee that in this unfortunate situation, 

family caregivers should be eligible for services provided under the 

National Family Caregiver Support Act. 

According to the Alzheimer’s Association, ‘‘increased use of respite care at mild and moderate stages of Alzheimer’s have shown 

to delay nursing home placement significantly, which result in a 

net savings of as much as $600 to $1,000 per week. Similarly, delaying nursing home admissions for people with Alzheimer’s disease by just one month could save at least $1.12 billion a year.’’

SUPPORTING OLDER AMERICANS WITH DISABILITIES

Assistive Technology (AT) plays an important role in the lives of 

millions of Americans with and without disabilities. In no segment 

of the population, is the impact of AT more significant than with 

elders who experience a decline in functional skills. AT enables 

seniors to improve functional abilities and to live independently 

and safely in the community. Without AT, aging in place would not 

be possible for many older Americans. Research suggests that keeping people in their communities and avoiding unnecessary institutionalization not only improves quality of life but also reduces the 

cost of both public and private health care. 


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Encompassing a range of items, AT can be as complex as a tilt 

in space wheelchair or an Augmentative Alternative Communication System that gives voice to a person who has lost the ability 

to speak. AT can also be simple and as commonplace as Velcro or 

a large handle on a toothbrush that makes it easier to hold. The 

common denominator is that AT makes it easier to perform activities of daily life. While AT is often used by seniors with disabilities, 

the Committee notes that other older individuals also may benefit 

from AT. 

PREVENTING ELDER ABUSE AND NEGLECT

While an accurate account of how many seniors experience abuse 

or neglect in the United States is not known, the best estimates 

suggest that between one to two million seniors are mistreated (included physical abuse, psychological abuse, and neglect) each year. 

According to the National Research Council, the occurrence and 

severity of elder mistreatment are expected to increase significantly 

in future decades due in part to the increasing numbers of individuals over 65 (National Research Council, 2003). 

The Administration on Aging serves as the primary agency for 

preventing and addressing elder abuse and neglect. OAA authorizes the National Center on Elder Abuse and a grant program to 

states to develop and implement programs specifically focused on 

the prevention and treatment of elder abuse. Several other authorities to address elder care issues are established within HHS and 

other Federal entities. 

The Federal government plays an important role in promoting 

research, training, public safety, data collection, and the identification, development, and dissemination of promising health care, social, protective services, and law enforcement practices relating to 

child abuse and neglect, domestic violence, and violence against 

women. It is the view of the Committee that the federal government, along with its state and local partners, should promote similar efforts and protections relating to elder abuse, neglect, and exploitation. 

During Select Education Subcommittee hearings, witnesses testified that a fragmented elder justice system is not serving vulnerable older Americans well, and that information gaps inhibit efforts 

to protect elders from abuse and neglect. 

Mr. David Bibler, Executive Director, Licking County Aging Program in Newark, Ohio testified April 28, 2006, at the Select Education Subcommittee field hearing in Westerville, Ohio about the 

need to better coordinate elder justice activities: 

Abuse, exploitation and neglect are common occurrences 

for far too many of today’s older adults and this problem 

will only be exacerbated by the rapid growth of the aging 

population over the next decade. To date there is no federal law that comprehensively addresses elder abuse and 

neglect, from prevention to intervention through prosecution. Individuals and agencies that are dedicated to protecting older adults against abuse, exploitation and neglect, often do so within a fragmented system and with 

limited resources. In Licking County we have only one case 

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lation of 23,534. This is an injustice to our elderly. Too 

many seniors are abused and neglected, many by their 

own family members. This area needs to be addressed. 

The Committee supports the utilization of existing federal entities with responsibility for protecting seniors who are at risk or 

have experienced elder abuse or neglect, and supports a comprehensive infrastructure for elder abuse prevention and treatment. H.R. 5293 seeks to address the apparent need for federal coordination and leadership. 

An amendment offered by Mr. Jon C. Porter and Mr. Danny M. 

Davis authorizes the Assistant Secretary on Aging to develop objectives, priorities, policy, and a long-term plan for carrying out and 

coordinating federal elder justice activities. Specifically, this 

amendment provides authority for the Assistant Secretary on 

Aging to: carry out elder justice programs and activities relating to 

elder abuse prevention, detection, treatment, intervention, and response (including the training of individuals regarding these matters); collect and disseminate data relating to the abuse, neglect, 

and exploitation of elders; identify best practices; conduct research; 

and provide technical assistance to States. The Committee encourages efforts by the AoA to promote collaboration and diminish duplicative efforts in the development and carrying out of elder justice programs at the federal, state, and local levels. 

COMMUNITY SERVICES EMPLOYMENT-BASED TRAINING

The Committee views the Senior Community Service Employment Program (SCSEP) as a community-oriented, subsidized employment-based training program for low-income older Americans. 

It provides work experience and training opportunities to those 

seniors with the capacity and interest to transition into unsubsidized employment. In addition, the program provides invaluable 

services to our nation’s communities. The Committee is committed 

to supporting the dual nature of the program and has revised the 

purposes of the program accordingly. 

H.R. 5293 authorizes the Secretary of Labor to establish a program to foster and promote useful part-time public and private sector employment-based training opportunities. In addition, the program is to provide vital social and human services to communities 

by providing work experience to eligible individuals in public agencies, and community-based and faith-based organizations. 

To reinforce this dual goal, the legislation renames ‘‘community 

service’’ to ‘‘community service employment-based training,’’ which 

is defined as ‘‘work experience that is related to providing social, 

health, welfare, and educational services (including literacy tutoring), legal and other counseling services and assistance, including 

tax counseling and assistance and financial counseling, and library, 

recreational and other similar services; conservation, maintenance, 

or restoration of natural resources; community betterment or beautification; antipollution and environmental quality efforts; weatherization activities; economic development; and such other services 

essential and necessary to the community as the Secretary determines by rule.’’ Thus, the bill emphasizes the desire to achieve 

training but maintains the focus on meeting the needs of communities. 


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TRANSITION INTO UNSUBSIDIZED EMPLOYMENT

The majority of Committee Members believe that the SCSEP program should be a limited program to assist individuals in 

transitioning to unsubsidized jobs. Program placements are not intended to be permanent jobs. The work experience received through 

these positions is intended to allow individuals to gain necessary 

skills or experience to find work. 

Our nation is experiencing significant demographic change as our 

population ages, which underscores the value of the SCSEP program and its role in assisting individuals as they move into unsubsidized positions. As Mason Bishop, Deputy Assistant Secretary of 

Labor for Employment and Training at the Department of Labor, 

testified before the Subcommittee on Select Education on May 2, 

2006: 

According to the Census Bureau’s American Community 

Survey, 12 percent of the total population in 2004 was 

aged 65 or over, and this percentage is set to expand rapidly in the coming decades. After the first Baby Boomers 

turn 65 in 2011, the older population will become twice as 

large by 2030 as it was in 2000 . . . [Most of the Baby 

Boomer cohort of older workers] envision a very different 

retirement than that of their parents—one that includes at 

least some work, whether for social engagement, intellectual stimulation, or because of financial necessity. However, despite a need for their skills and their desire to remain in or re-enter the workforce, many older Americans 

find themselves unable to find suitable work. 

Through SCSEP, individuals gain new skills and access 

to employment opportunities, which enables them to find 

suitable work. 

The Committee recognizes that direct skills training, in addition 

to community-based placements, may help some individuals 

achieve their employment goals. The current law requirement that 

no less than 75 percent of a grantee’s funds be spent on wages and 

fringe benefits could limit the kinds of training opportunities available to participants. When coupled with the allowance to use between 13.5 and 15 percent of funds for administrative costs, a 

grantee currently may use only approximately 10 percent of its 

funds for classroom training and other supportive services necessary to allow individuals to move into employment. H.R. 5293 

changes this requirement to permit grantees to spend no less than 

65 percent of their grant funds on wages and benefits. This would 

allow grantees, if they choose and it is in the best interest of participants, to spend approximately 20 percent of their funds on services such as classroom training or on-the-job training. 

A witness at the Subcommittee on Select Education hearing on 

April 3, 2006 testified regarding the opportunity that on-the-job 

training presents. Marlon Sullivan, Senior Director of Staffing for 

the Home Depot, described the benefit of Home Depot’s participation in a pilot project conducted under the Secretary’s existing discretionary authority and operated by SER—Jobs for Progress, one 

of the SCSEP national grantees: 


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As part of SER National’s 502(e) On the Job Training 

program (OJT), 23 participants in each of the 6 markets 

underwent 2 weeks of pre-employment training. The 80 

hours of training included skills such as computer basics, 

customer service, interview best practices and preparing 

for the Home Depot application. Having recently completed 

the training, the 138 total applicants are currently applying on line for Home Depot opportunities, which include 

but are not limited to Lot Associate, Cashier, Sales Associate and Sales Specialist. 

Similar opportunities could be available nationally if 

grantees have the flexibility to develop such partnerships. 

The Committee views the program as a means to an end, and not 

as permanent employment for participants. To reflect this belief, 

H.R. 5293 requires national grantees annually to have an average 

participation by eligible individuals of not more than 24 months in 

the aggregate. The Committee recognizes that some individuals 

may be ready to move into unsubsidized employment within 

months of enrollment, while others may have barriers to employment that make finding a job more challenging. In addition, individuals may live in an area where fewer jobs are available. Requiring average participation of 24 months provides grantees with sufficient flexibility to address the individual needs and circumstances 

of their participants while reinforcing the temporary nature of the 

program. According to the Department of Labor, the average time 

a participant currently remains in the program is 27 months. 

To ensure that grantees are assisting participants in moving to 

employment, the bill creates a four year time-limit (whether or not 

consecutive) for individual participants. However, to create a transition period for those already participating in the program, the 

Committee added language allowing individuals who have already 

participated in the program for at least 24 months to have an additional 24 months eligibility. As a result, someone who already has 

been enrolled for four years may participate an additional two 

years if necessary to prepare further for an unsubsidized job. Anyone who has been participating in the program for 24 months or 

less at the time of enactment will have a four year time limit, inclusive of time already spent in the program. 

In addition, a time limit for participants will ensure that the program can serve the greatest number of eligible individuals. In 

2000, nine million people were eligible for SCSEP programs. The 

SCSEP funds support about 61,000 positions, through which about 

100,000 participants are served annually. Although State and national grantees are not required to keep or report waiting lists, 

some do. As of June 30, 2005, there were over 2,100 people on 

these waiting lists. Clearly demand and unmet need exists. 

Under current law, national grantees are expected to move 20 

percent of their participants into unsubsidized employment annually. To increase the expectation of job placements, H.R. 5293 incrementally increases this percentage by two percentage points annually so that in 2011 grantees will be expected to place 30 percent 

of their caseloads in unsubsidized employment. The Committee believes that this phase-in allows grantees sufficient time to adjust 

their programs, as necessary, to reach higher placement goals. 


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COMMUNITY SERVICE

The Committee wants to ensure that, while moving individuals 

toward unsubsidized employment, the program continues to provide the vital services to communities for which it is known. According to the Department of Labor, the program has provided over 

45 million hours in community service. Many of the program’s participants provide needed services for other older adults. For example, participants work in community senior centers or deliver meals 

to frail elderly individuals. Others work in health clinics, libraries, 

or on the campus of Job Corps centers assisting the next generation of workers. 

While grantees are free to make placements with either public or 

private, for profit, or not-for-profit organizations as appropriate for 

the participant, the Committee recognizes and commends the program for the invaluable contribution participants have made to 

local communities. Therefore, in addition to maintaining community service as a central purpose of the program, H.R. 5293 requires that not less than 50 percent of hours worked (in the aggregate) by the participants of each grantee shall be in community 

service employment-based training. This requirement ensures that 

public agencies and charitable organizations that depend on the assistance of SCSEP participants will continue to receive the support 

they need. 

Further, States and national grantees will be evaluated on the 

level of community service they provide. H.R. 5293 includes, as a 

core indicator of performance, hours (in the aggregate) of community service employment-based training pursuant to the requirement that 50 percent of hours worked (in the aggregate) shall be 

in such positions. By including community service as a core indicator, States may face sanctions for failure to meet expected levels 

of community service, and national grantees will be evaluated on 

their level of community service when applying for future grants. 

The Committee commends the program for successes in community 

betterment and believes the bill will continue to support these efforts. 

IMPORTANCE OF COMPETITION

H.R. 5293 reinforces Congressional intent that full and open 

competition is the best way to assure the highest quality services 

to eligible individuals. 

Under current law, the Department must hold a competition for 

SCSEP funds when a State or national grantee fails to meet its 

performance measures or the responsibility tests established in section 514 of the Act. In addition, the Department may hold a full 

and open competition before the beginning of a new grant period, 

or if additional grantees are funded. Current law specifies that the 

Secretary shall award grants for a period not to exceed three years. 

The Department first conducted a competition in November 2002 

to award national grants starting in program year 2003. The Department’s authority to conduct these grant competitions was 

upheld in U.S. District Court (Experience Works v. Elaine Chao, 

2003). Judge Gladys Kessler wrote: 

While it is clear that Congress intended to make grantees more accountable for the manner in which they carried 


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out their programs, there is absolutely nothing in the statute which precludes the Secretary from using a national 

competition to decide under the appropriate criteria set 

forth in Section 30561, who is the best qualified to receive 

program year 2003 grants. The use of competitive procedures is a time-honored method for obtaining the most 

highly qualified awardees of government funds, for allowing new and innovative ideas and organizations to receive 

those funds, and for assuring public confidence in the integrity of the process to distribute government funds. 

The Department published a Solicitation for Grant Application 

(SGA) on March 2, 2006 for grants beginning in program year 

2006. 

The Committee supports competition for the selection of national 

grantees, and the bill eliminates sanctions for national grantees in 

favor of competition. Current requirements to compete the funds of 

national grantees that fail to meet performance would be replaced 

with a requirement that all grants be competed every three years. 

However, the Committee does not intend to diminish the importance of attaining expected levels of performance, as they are indicators of grantees’ ability to assist eligible individuals. Therefore, 

H.R. 5293 includes the applicant’s prior performance, if any, in 

meeting performance measures under this title and under other 

Federal or State programs as one of the criterion upon which competitive selection shall be based. Including consideration of past 

performance should help ensure selection of the highest quality 

providers. 

The Committee also notes that H.R. 5293 maintains authority for 

the Secretary to provide for the State to conduct a competition to 

award 25 percent of a State’s SCSEP grant after two consecutive 

years of failure to meet performance measures. In addition, the 

Secretary shall require a competition to award all of the funds allocated to a State after three years of consecutive failure to meet its 

expected levels of performance. (The Secretary shall provide technical assistance and require the development of a corrective action 

plan for the first year States fail to achieve performance measures 

and for each year a national grantee fails to achieve its performance targets.) 

The Committee acknowledges that States face sanctions while 

national grantees do not. However, States receive funds annually 

based on formula and are not subject to competition for funds upfront. Therefore, States appropriately should face sanctions and 

possible requirements to compete funds for failure to perform. 

PERFORMANCE INDICATORS

The Committee recognizes that the Department has instituted 

common outcome measures across employment and training programs. H.R. 5293 holds States and national grantees accountable 

for these three core measures: (1) entry into unsubsidized employment; (2) retention in unsubsidized employment for six months; 

and (3) earnings. The Committee believes use of these common 

measures will allow easier comparisons across employment and 

training programs for purposes of program evaluation. In addition, 

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ment and training programs at the State and local level. This may 

ease coordination with Workforce Investment Act (WIA) services, in 

particular, to help improve services to older workers. 

As previously described, the Committee also has included hours 

(in the aggregate) of community service employment-based training 

as a core indicator of performance. The Committee believes that including community service provided as a measure on which possible sanctions and evaluation for purposes of competition will be 

based appropriately reinforces community service as a purpose of 

the program. 

States and national grantees also report to the Secretary on additional indicators, which include retention in unsubsidized employment for one year, the number of eligible individuals served, and 

any other indicators the Secretary determines to be appropriate to 

evaluate the program. Data on the number of individuals served 

shall include the number of participating individuals with barriers 

to employment, including those over 65 years of age. Although 

sanctions are not tied to these indicators, Congress, the Department, and the public will have access to this information to determine whether those most in need are receiving services. 

States and national grantees negotiate their expected level of 

performance with the Department. Expected levels of performance 

also may be adjusted based on changes in the following factors: 

high rates of unemployment or of poverty or welfare participation 

in the areas served by a grantee relative to other areas of the State 

or nation; significant downturns in the areas served by the grantee 

or in the national economy; significant number or proportions of 

participants with one or more barriers to employment served by a 

grantee relative to grantees serving other areas of the State of Nation; and changes in Federal, State or local minimum wage requirements. For purposes of developing or adjusting levels of performance, barriers to employment include (but are not limited to) having a disability, having limited English proficiency or low literacy 

skills, residing in a rural area, being a veteran, having low employment prospects, or having failed to find employment after utilizing 

services provided under title I of the Workforce Investment Act of 

1998. The Committee recognizes the unique challenges of placing 

individuals who reside in remote areas and believes that ‘‘low employment prospects’’ includes geographically isolated areas with the 

availability of public transportation limited or nonexistent. 

Inclusion of adjustment factors allows the expected levels of performance to reflect accurately the population each grantee is to 

serve, which helps to ensure that the grantee has no disincentive 

to serve those most in need. 

ELIGIBILITY

Current law allows services to be provided to individuals 55 

years of age or older who have a low income (including those with 

incomes not more than 125 percent of the federal poverty guidelines). In addition, current law includes a priority for those individuals over 60 years of age. 

The Committee believes that the one-stop delivery system created under the WIA should serve individuals between the ages of 

55 and 64, since such individuals have not yet reached the traditional age of retirement. The one-stop delivery system is intended 


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to be a universal system available to all job seekers. The SCSEP 

program is a mandatory partner in the one-stop delivery system 

and makes services available through the job centers. However, the 

Committee recognizes that many older individuals have unique 

barriers to employment and may need more specialized services 

than WIA provides. 

Therefore, H.R. 5293 continues to allow low-income individuals 

55 years of age or older to be eligible for SCSEP, but the bill creates a new priority of service for older individuals or those with 

barriers to employment. Under the bill, an individual who is 65 

years of age or older, has a disability, has limited English proficiency, resides in a rural area, is a veteran, has low employment 

prospects, or has failed to find employment after utilizing services 

provided under title I of WIA shall have priority for the work opportunities provided under the program. The Committee aims to 

ensure that the program serves those most in need of SCSEP’s intensive services. 

The Committee has clarified that certain sources of unearned income shall not be counted when determining whether an individual 

meets the low-income threshold of 125 percent of poverty. States 

and grantees shall exclude any income that is unemployment compensation, Supplemental Security Income (SSI) benefits received 

under Title XVI of the Social Security Act, or veterans’ payments 

and 25 percent of benefits received under title II of the Social Security Act (Old-Age, Survivors and Disability Insurance [OASDI] payments). This change restores prior operating practice that was in 

place before 2004 and allows additional low-income seniors to be eligible to participate in the program. 

The Committee also aims to ensure that an individual’s income 

is accurately counted. The Department issued guidance in January 

2005 that requires grantees to annualize an applicant’s income 

based upon the six months prior to application. Under current 

practice, annualizing six months of income could distort income for 

those who only had earnings during that six-month period (such as 

older individuals who work during the planting and harvesting seasons but are unemployed for the remainder of the year). Basing income determination on individual’s six-month income annualized 

makes many seasonal workers ineligible for SCSEP or can have the 

unintended consequence of including some individuals who would 

not otherwise be eligible for the program if a 12-month period was 

applied. 

Allowing grantees the flexibility to use either six months or 12 

months of actual income would negate these unintended consequences and promote more accurate eligibility determinations. 

Therefore, H.R. 5293 provides State and national grantees operating SCSEP the flexibility to use either the income for the 12 

months preceding an individual’s application or an individual’s income for the six months preceding one’s application when determining eligibility. Providing grantees with this flexibility when determining income eligibility returns the program to operating practice prior to the January 2005 guidance. 

The bill also clarifies who is an unemployed individual for purposes of participating in the program. Under current law, and the 

bill, the program serves unemployed low-income individuals who 

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terpreted this to mean an individual currently must not have any 

earned income. SCSEP resources are limited, and the Committee 

is committed to serving those most in need. Therefore, the program 

is intended for individuals without any employment. WIA services 

are available through the one-stop delivery system to serve those 

individuals who have part-time employment and are therefore not 

eligible for SCSEP. 

However, the Committee believes and H.R. 5293 specifies that 

occasional employment that does not result in a constant source of 

income should not disqualify an individual from participating in 

SCSEP if he or she meets other eligibility criteria. As a result, occasional income from sources such as babysitting, mowing lawns 

for cash, or picking fruits and vegetables at harvest time, does not 

need to preclude eligibility for SCSEP. 

LIMITING FRINGE BENEFITS

H.R. 5293 eliminates fringe benefits for participants. Current law 

allows grantees to offer annual leave, sick leave, paid holidays, 

health insurance, social security, physical examinations, and any 

other fringe benefits approved in the grant agreement. The bill also 

allows grantees to use funds to pay for benefits required by law, 

such as workers’ compensation accident insurance; the costs of 

physical examinations; compensation for scheduled work hours during which an employer is closed for a Federal holiday; and necessary sick leave that is not part of an accumulated sick leave program. However, the bill prohibits funds from being used to pay the 

cost of annual leave, accumulated sick leave, or bonuses. Grantees 

already have limited these benefits. For example, only four of 13 

grantees provide annual leave. 

In addition, the bill specifies that no program funds may be used 

to pay the cost of pension benefits. Some grantees have expressed 

concerns that pension law allows SCSEP participants to participate 

in their pension programs. 

The Committee believes that providing participants with the benefits now excluded or a pension would serve as a disincentive to obtain unsubsidized employment and is not appropriate for a timelimited assistance program. In addition, the program funds do not 

provide for payment toward pension programs or other fringe benefits and providing such benefits would reduce the amount of funds 

available to serve additional participants. 

REFERENCES

Institute of Medicine. The Role of Nutrition in Maintaining the 

Health of the Nation’s Elderly. Food and Nutrition Board. National 

Academies Press, Washington, DC. 2000. 

American Cancer Society. Diet, Physical Activity and Cancer . . . 

What’s the Connection? Byers, Tim, MD and Colleen Doyle, MS, 

RD. www.cancer.org. 

Mayo Clinic. Early On-set of Alzheimer’s: An interview with a 

Mayo Clinic specialist. www.mayoclinic.com/health/alzheimers/ 

AZO009. 2005. 

National Research Council. Elder Mistreatment: Abuse, Neglect, 

and Exploitation in an Aging America. Bonnie, Richard J. and Robert B. Wallace, eds. Committee on National Statistics and ComVerDate Aug 31 2005 01:59 Jun 12, 2006 Jkt 049006 PO 00000 Frm 00065 Fmt 6659 Sfmt 6602 E:\HR\OC\HR493.XXX HR493

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mittee on Law and Justice, Division of Behavioral and Social 

Sciences and Education. National Academies Press, Washington, 

DC. 2003. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short Title; Table of Contents. Cites the short title as 

the ‘‘Senior Independence Act of 2006’’ and includes the table of 

contents. 

Section 2. Definitions. Amends Section 102 of the Older Americans Act (42 U.S.C. 3002). Modifies and adds to the definitions 

under this act, including definitions of ‘‘assistive device, assistive 

technology, and assistive technology service’’, amends paragraph 

(12)(D) to include evidence-based health promotion programs, including programs related to prevention of chronic disease, ‘‘exploitation’’, ‘‘neglect’’, ‘‘Aging and Disability Resource Center’’, ‘‘at risk 

for institutional placement’’, ‘‘elder justice’’, ‘‘Hispanic serving institution’’, ‘‘long-term care’’, multivitamin-mineral supplement’’, ‘‘selfdirected care’’, ‘‘self-neglect’’, ‘‘State system of long-term care’’. 

Section 3. Establishment of Administration on Aging. Amends 

Section 201 of the Older Americans Act (42 U.S.C. 3011). Includes 

elder abuse prevention and services as a responsibility of the Administration on Aging. 

Section 4. Functions of the Assistant Secretary. Amends Section 

202 of the Older Americans Act (42 U.S.C. 3012). Modifies and 

adds to the functions of the Assistant Secretary, including language 

to provide for the increased use of assistive technology, coordination with the Centers for Medicare & Medicaid and other federal 

entities to assist in benefit enrollment and outreach, strengthen coordination on the Federal, State, and local levels for providing longterm care in home and community-based settings. 

Section 5. Federal Agency Consultation. Amends Section 

203(a)(3)(A) of the Older Americans Act (42 U.S.C. 3013(a)(3)(A)). 

Adds language to support individuals with limited English proficiency. 

Section 6. Administration. Amends Section 205 of the Older 

Americans Act (42 U.S.C. 3016). Adds language to strengthen the 

design, implementation, and evaluation of evidence-based programs 

to support improved nutrition and regular physical activity. 

Section 7. Evaluation. Amends Section 206(g) of the Older Americans Act (42 U.S.C. 3017(g)). Modifies the total amount appropriated for each fiscal year to carry out title III to use such sums, 

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. 

Section 8. Reports. Amends Section 207(b)(2) of the Older Americans Act (42 U.S.C. 3018(b)(2)) to revise the names of House and 

Senate Committee of jurisdiction. 

Section 9. Contractual, Commercial and Private Pay Relationships; Appropriate Use of Act Funds. Amends Section 212 of the 

Older Americans Act (42 U.S.C. 3020c) to expand services and 

allow for private pay opportunities while maintaining safeguards 

that the aging network providers operate in a manner consistent 

with the public purpose mission and targeting provision of the 

Older Americans Act. 


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Section 10. Nutrition Education. Amends Section 214 of the 

Older Americans Act (42 U.S.C. 3020e) to require the Assistant 

Secretary to provide outreach and technical assistance to promote 

health and prevent disease through improved nutrition. 

Section 11. Pension Counseling and Information Programs. 

Amends Section 215 of the Older Americans Act (42 U.S.C. 3020E–

1) to expand outreach and improve program access to individuals 

with limited English proficiency. 

Section 12. Authorization of Appropriations. Amends Section 216 

of the Older Americans Act (42 U.S.C. 3020F) by striking ‘‘2001, 

2002, 2003, 2004, and 2005’’ and inserting ‘‘2007, 2008, 2009, 2010, 

and 2011’’. 

Section 13. Purpose; Administration. Amends section 301(a)(2) of 

the Older Americans Act (42 U.S.C. 3021(a)(2)) to support program 

access for individuals with limited English proficiency; promote financial literacy; and enhance coordination among senior volunteer 

programs. 

Section 14. Authorization of Appropriations; Uses of Funds. 

Amends Section 303 of the Older Americans Act (42 U.S.C. 3023) 

by striking ‘‘year 2001’’ and all that follows through ‘‘years’’ each 

place it appears, and inserting ‘‘years 2007, 2008, 2009, 2010, and 

2011’’. 

Section 15. Organization. Amends Section 305(a) of the Older 

Americans Act (42 U.S.C. 3025a) to improve program access for individuals with limited English proficiency and requires States to 

develop and implement a comprehensive, coordinated system for 

providing long-term care in home- and community-based settings. 

Section 16. Area Plans. Amends Section 306 of the Older Americans Act (42 U.S.C. 3026) to improve program access for individuals with limited English proficiency; updates area plan requirements for area agencies on aging to develop and implement a comprehensive coordinated system for providing long-term care in 

home and community-based settings. Adds mental health services 

to the list of services that may be accessed. Also authorizes area 

agencies on aging to conduct an assessment of anticipated change 

in the number of older individuals and encourages AAA’s, in cooperation with public agencies, to support community planning efforts to prepare for an increased number of older Americans. 

Section 17. State Plans. Amends Section 307(a) of the Older 

Americans Act (42 U.S.C. 3027(a)) to improve program access for 

individuals with limited English proficiency and require States to 

provide assurances that area agencies on aging will furnish services consistent with self-directed care as well as to prepare for the 

increased number of older individuals. 

Section 18. Payments. Amends Section 309(b)(2) of the Older 

Americans Act (42 U.S.C. 3029(b)(2)) to update payments to States. 

Section 19. Nutrition Services Incentive Program. Amends Section 

311 of the Older Americans Act (42 U.S.C. 3030a) to authorize a 

cash only program to purchase food through school food authorities. 

Section 20. Consumer Contributions. Amends Section 315 of the 

Older Americans Act (42 U.S.C. 3030c–2) to encourage voluntary 

contributions for individuals with self-declared income at or above 

125 percent of poverty and improves program access for individuals 

with limited English proficiency. 


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Section 21. Supportive Services and Senior Centers Program. 

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

3030d(a)) to include mental health screenings in the types of 

screenings provided to detect or prevent illness. Also includes assistive technology devices and services as types of services to be 

provided for older adults. 

Section 22. Nutrition Service. Amends the heading of part C of 

title III of the Older Americans Act (42 U.S.C. 3030e–3030g–22) to 

add a purpose to describe activities under Part C of title III. 

Section 23. Congregate Nutrition Program. Amends Section 331 

of the Older Americans Act (42 U.S.C. 3030e) to encourage nutrition education and counseling and provides local meal providers 

the option to provide a single multivitamin-mineral supplement to 

older individuals as an addition to a meal. 

Section 24. Home Delivered Nutrition Services. Amends Section 

336 of the Older Americans Act (42 U.S.C. 3030f) to expand the 

type of meal to be delivered to include fresh and supplemental 

foods and to encourage nutrition education and counseling. 

Section 25. Criteria. Amends Section 337 of the Older Americans 

Act (42 U.S.C. 3030g) to update the professions of people qualified 

to consult on the minimum criteria of efficiency and quality for the 

furnishing of home delivered meal services. 

Section 26. Nutrition. Amends Section 339 of the Older Americans Act (42 U.S.C. 3030g–21) to update the nutrition program requirements consistent with current science in addition to encourage 

professionals who distribute nutrition assistance to provide information to homebound seniors on how to obtain a flu shot in their 

area. 

Section 27. Evaluation of Nutrition Projects. Authorizes a study 

by the Food and Nutrition Board of the Institute of Medicine to 

conduct and evidence-based evaluation of the nutrition projects authorized in the Older Americans Act. 

Section 28. Improving Indoor Air Quality in Building Where Seniors Congregate. Amends Section 361 of the Older Americans Act 

(42 U.S.C. 3030m) to work with qualified experts to provide information on methods of improving indoor air quality in buildings 

where seniors congregate. 

Section 29. Caregiver Support Program Definitions. Amends Section 372 of the National Family Support Caregiver Act (42 U.S.C. 

3030s) to add an individual with a disability to the definition of 

child, add individuals with Alzheimer’s disease or a related neurological disorder to the type of individuals being cared for by a family caregiver, and by striking ‘‘60’’ and inserting ‘‘55’’ as the qualifying age for a grandparent who is caring for a child. 

Section 30. Caregiver Support Program. Amends Section 373 of 

the National Family Support Caregiver Act (42 U.S.C. 3030s–1) to 

strengthen assistance available to caregivers and encourage the 

use of volunteers to care for older individuals. Also, the authorization date is updated through 2011. 

Section 31. Activities of National Significance. Amends Section 

376(a) of the National Family Support Caregiver Act (42 U.S.C. 

3030s–12(a)) to encourage research and demonstrations to support 

intergenerational programs, families who have a child with a disability, programs unique to rural areas, Alzheimer’s programs, and 

family caregiver support programs. 


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Section 32. Title IV Grant Programs. Amends Section 411 of the 

Older Americans Act (42 U.S.C. 3032) to authorize additional uses 

of funds to support activities to prepare for the aging of the population, and to develop and assess technology-based service models 

and best practices. Also updates authorization year through 2011. 

Section 33. Career Preparation for the Field of Aging. Amends 

Section 412(a) of the Older Americans Act (42 U.S.C. 3032a(a)) to 

include grants to Hispanic serving institutions and Hispanic Centers of Excellence in Applied Gerontology to educate and train students for a career in the field of aging. 

Section 34. Health Care Service Demonstration Projects in Rural 

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

3032d) to include mental health in the types of service projects that 

may be funded and the types of graduate programs that are eligible 

to receive such grant. 

Section 35. Demonstration Projects for Multigenerational Activities. Amends Section 417(c)(2) of the Older Americans Act (42 

U.S.C. 3032f(c)(2)) to improve program access to individuals with 

limited English proficiency. 

Section 36. Native American Programs. Amends Section 

418(a)(2)(B)(i) of the Older Americans Act (42 U.S.C. 

3032g(a)(2)(B)(i) to add mental health to the list of areas of concern 

for the Resource Center on Native American Elders. 

Section 37. Responsibilities of Assistant Secretary. Amends Section 432(c)(2)(B) of the Older Americans Act (42 U.S.C. 

3033a(c)(2)(B) to authorize the Assistant Secretary to include in its 

evaluation the effect of such improvements in the yearly report. 

Section 38. Community Service Employment-Based Training for 

Older Americans. Amends title V of the Older Americans Act (42 

U.S.C. 3056 et seq.) to reauthorize the community service employment-based training program for older Americans. Requires grantees to serve those with greatest need; clarifies use of SCSEP funds; 

sets an average time limit for participation; and phases in a requirement to place a greater percentage of exiting participants in 

unsubsidized employment. Additionally it requires the Department 

of Labor to exclude certain sources of income for the purpose of determining eligibility for Title V and changes the look-back period 

for determining an individual’s income for purposes of SCSEP eligibility. 

Section 39. Native Americans Caregiver Support Program. 

Amends Section 643 of the Older Americans Act (42 U.S.C. 3057n) 

by striking ‘‘2001’’ each place it appears and inserting ‘‘2007’’. 

Section 40. Vulnerable Elder Rights Protection Activities. Amends 

Section 702 of the Older Americans Act (42 U.S.C. 3058a) by striking ‘‘2001’’ each place it appears and inserting ‘‘2007’’. 

Section 41. Native American Organization Provisions. Amends 

Section 751(d) of the Older Americans Act (42 U.S.C. 3058aa(b)) by 

striking ‘‘2001’’ and inserting ‘‘2007’’. 

Section 42. Elder Abuse, Neglect, and Exploitation Prevention 

Amendment. Amends Section 721(b) of the Older Americans Act (42 

U.S.C. 3058i(b)) to provide education and outreach to promote financial literacy and prevent identity theft and financial exploitation. 


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Section 43. Technical Amendments. Amends the Older American 

Act (42 U.S.C. 2001 et seq.) to include a heading for title IV of the 

Act. 

EXPLANATION OF AMENDMENTS

The provisions of the substitute, as amended, are explained in 

the descriptive portions of this report. 


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APPLICATION OF LAW TO THE LEGISLATIVE BRANCH

Section 102(b)(3) of Public Law 104–1 requires a description of 

the application of this bill to the legislative branch where the bill 

relates to the terms and conditions of employment or access to public services and accommodations. H.R. 5293 amends the Older 

Americans Act to authorize appropriations for fiscal years 2007 

through 2011. 

Legislative branch employees and their families, to the extent 

that they are otherwise eligible for the benefits provided by this 

legislation, have equal access to its benefits. 

STATEMENT OF OVERSIGHT FINDINGS AND RECOMMENDATIONS OF

THE COMMITTEE

In compliance with clause 3(c)(1) of rule XIII and clause 2(b)(1) 

of rule X of the Rules of the House of Representatives, the Committee’s oversight findings and recommendations are reflected in the 

descriptive portions of this report. 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

In accordance with clause 3(c)(4) of rule XIII of the Rules of the 

House of Representatives, the Committee’s performance goals and 

objectives are reflected in the descriptive portions of this report. 

CONSTITUTIONAL AUTHORITY STATEMENT

Under clause 3(d)(1) of rule XIII of the Rules of the House of 

Representatives, the Committee must include a statement citing 

the specific powers granted to Congress to enact the law proposed 

by H.R. 5293. Article I, Section 8, Clause 18 of the Constitution of 

the United States grants the Congress the power to enact this law. 

FEDERAL ADVISORY COMMITTEE ACT

The Committee finds that the legislation does not establish or 

authorize the establishment of an advisory committee within the 

definition of 5 U.S.C. App., Section 5(b). 

UNFUNDED MANDATE STATEMENT

Section 423 of the Congressional Budget and Impoundment Control Act (as amended by Section 101(a)(2) of the Unfunded Mandates Reform Act, P.L. 104–4) requires a statement whether the 

provisions of the reported include unfunded mandates. In compliance with this requirement the Committee has received a letter 

from the Congressional Budget Office included herein. 

COMMITTEE ESTIMATE

Clause 3(d)(2) of rule XIII of the Rules of the House of Representatives requires an estimate and a comparison by the Committee of the costs that would be incurred in carrying out H.R. 

5293. However, clause 3(d)(3)(B) of that rule provides that this requirement does not apply when the Committee has included in its 

report a timely submitted cost estimate of the bill prepared by the 

Director of the Congressional Budget Office under section 402 of 

the Congressional Budget Act. 


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BUDGET AUTHORITY AND CONGRESSIONAL BUDGET OFFICE COST

ESTIMATE

With respect to the requirements of clause 3(c)(2) of rule XIII of 

the Rules of the House of Representatives and section 308(a) of the 

Congressional Budget Act of 1974 and with respect to requirements 

of clause (3)(c)(3) of rule XIII of the Rules of the House of Representatives and section 402 of the Congressional Budget Act of 

1974, the Committee has received the following cost estimate for 

H.R. 5293 from the Director of Congressional Budget Office: 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, June 2, 2006. 

Hon. HOWARD P. ‘‘BUCK’’ MCKEON, 

Chairman, Committee on Education and the Workforce, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 5293, the Senior Independence Act of 2006. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Christina Hawley Anthony. 

Sincerely, 

DONALD B. MARRON, 

Acting Director. 

Enclosure. 

H.R. 5293—Senior Independence Act of 2006 

Summary: H.R. 5293 would reauthorize programs under the 

Older Americans Act of 1965, which provides funding for services 

such as home and community-based supportive services, congregate 

and home-delivered meals, family caregiver support, and other 

services for the elderly. Authorizations for most of those programs 

expired at the end of fiscal year 2005, although a few of those programs are permanently authorized. Appropriations for the programs covered by this bill totaled $1.8 billion in fiscal year 2006. 

CBO estimates that H.R. 5293 would increase authorizations by 

$1.7 billion in 2007 and by $8.8 billion from 2007 to 2011. Appropriation of those amounts would result in $7.3 billion of discretionary spending over the next five years (in addition to amounts 

spent under current law). 

H.R. 5293 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA); 

any costs to state, local, or tribal governments would be incurred 

voluntarily. 

Estimated cost to the Federal Government: The estimated budgetary impact of H.R. 5293 is shown in the following table. The costs 

of this legislation fall within budget function 500 (education, training, employment and social services). 


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By fiscal year, in millions of dollars— 

2006 2007 2008 2009 2010 2011 

SPENDING SUBJECT TO APPROPRIATION 

Spending Under Current Law: 

Budget Authority 1 ........................................................................... 1,795 92 94 95 97 99 

Estimated Outlays ........................................................................... 1,810 908 155 101 96 98 

Proposed Changes: 

Estimated Authorization Level ......................................................... 0 1,688 1,720 1,751 1,783 1,814 

Estimated Outlays ........................................................................... 0 877 1,164 1,722 1,760 1,791 

Spending Under H.R. 5293: 

Estimated Authorization Level 1 ...................................................... 1,795 1,780 1,813 1,846 1,880 1,913 

Estimated Outlays ........................................................................... 1,810 1,784 1,796 1,823 1,856 1,889

1 The 2006 level is the amount appropriated for that year for programs under the Older Americans Act of 1965. 

Basis of estimate: H.R. 5293 would reauthorize programs established under the Older Americans Act of 1965. Through those programs, the Department of Health and Human Services and the Department of Labor provide grants to states and other eligible entities that provide services such as home-delivered meals, subsidized 

employment and training opportunities, and services to prevent 

abuse and neglect of older individuals. The authorizations for many 

of those programs expired at the end of fiscal year 2005. However, 

those programs received appropriations for fiscal year 2006 totaling 

$1.8 billion. 

The bill would reauthorize most of the programs at ‘‘such sums 

as may be necessary’’ for fiscal years 2007 through 2011. In those 

instances, CBO estimated the authorization levels by adjusting the 

2006 appropriation levels for anticipated inflation. Those programs, 

along with their fiscal year 2006 appropriation levels, are listed 

below. 

[Dollars in millions] 

Program 2006 Appropriation 

Home and Community-Based Supportive Services ............................................. $351 

Congregate Nutrition Services .............................................................................. 385 

Home-Delivered Nutrition Services ...................................................................... 182 

Nutrition Services Incentive Program .................................................................. 148 

Preventive Health Services ................................................................................... 21 

Program Administration ....................................................................................... 18 

Community Service Employment ......................................................................... 432 

Based on the above amounts appropriated for fiscal year 2006 

(which total a little more than $1.5 billion), CBO estimates authorization levels for those programs to total about $1.6 billion in fiscal 

year 2007, and $8.1 billion over the 2007–2011 period. 

The bill would authorize the appropriation of $125 million for the 

National Family Caregiver Support program for fiscal year 2007, 

and such sums as may be necessary for the following four fiscal 

years. That program received an appropriation of $156 million for 

fiscal year 2006; its authorization expired at the end of fiscal year 

2005. 

The Native American Caregiver Support program—which is permanently authorized under current law—received an appropriation 

of $6 million for 2006. H.R. 5293 would set the authorization level 

for that program at $5 million for fiscal year 2007 and such sums 

as may be necessary in following years. 

A handful of other programs are permanently authorized under 

current law: Native American Nutrition and Supportive Services, 

the Long-Term Care Ombudsman program, grants to prevent elder 


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abuse and neglect, grants for program innovations, and aging network support activities (including pension counseling and eldercare 

locator services). Appropriations for those programs totaled $84 

million in fiscal year 2006. Three of those (Native American Nutrition and Supportive Services, the Long-Term Care Ombudsman 

program, and grants to prevent elder abuse and neglect) would retain their permanent authorization under H.R. 5293. The others 

would be authorized at ‘‘such sums as may be necessary’’ for fiscal 

years 2007 through 2011. Because those programs are permanently 

authorized, their reauthorization under H.R. 5293 would not represent an increase in authorization levels for fiscal years 2007 

through 2011. 

Intergovernmental and private-sector impact: H.R. 5293 contains 

no intergovernmental or private-sector mandates as defined in 

UMRA. The bill would authorize funds that would benefit state, 

local, and tribal governments that provide services authorized in 

the Older Americans Act. Any costs they might incur to comply 

with grant requirements would be incurred voluntarily. 

Estimate prepared by: Federal Costs: Christina Hawley Anthony. 

Impact on State, Local, and Tribal Governments: Lisa RamirezBranum. Impact on the Private Sector: Jennifer Doleac. 

Estimate approved by: Peter H. Fontaine, Deputy Assistant Director for Budget Analysis. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

existing law in which no change is proposed is shown in roman): 

OLDER AMERICANS ACT OF 1965 

* * * * * * * 

TITLE I—DECLARATION OF OBJECTIVES; DEFINITIONS 

* * * * * * * 

DEFINITIONS

SEC. 102. For the purposes of this Act—

ø(13)¿ (1) The term ‘‘abuse’’ means the willful—

(A) * * * 

* * * * * * * 

ø(14)¿ (2) The term ‘‘Administration’’ means the Administration on Aging. 

ø(15)¿ (3) The term ‘‘adult child with a disability’’ means a 

child who—

(A) * * * 

* * * * * * * 

(4) The term ‘‘Aging and Disability Resource Center’’ means 

a program established by a State as part of the State’s system 

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


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(A) comprehensive information on available public and 

private long-term care programs, options, and resources; 

(B) personal counseling to assist individuals in assessing 

their existing or anticipated long-term care needs, and developing and implementing a plan for long-term care designed to meet their specific needs and circumstances; and 

(C) consumer access to the range of publicly-supported 

long-term care programs for which they may be eligible, by 

serving as a convenient point of entry for such programs. 

ø(16)¿ (5) The term ‘‘aging network’’ means the network of— (A) * * * 

* * * * * * * 

ø(17)¿ (6) The term ‘‘area agency on aging’’ means an area 

agency on aging designated under section 305(a)(2)(A) or a 

State agency performing the functions of an area agency on 

aging under section 305(b)(5). 

ø(2)¿ (7) The term ‘‘Assistant Secretary’’ means the Assistant 

Secretary for Aging. 

ø(10) The term ‘‘assistive technology’’ means technology, engineering methodologies, or scientific principles appropriate to 

meet the needs of, and address the barriers confronted by, 

older individuals with functional limitations.¿ 

(8) The terms ‘‘assistive device’’, ‘‘assistive technology’’, and 

‘‘assistive technology service’’ have the meanings given such 

terms in section 3 of the Assistive Technology Act of 1998 (29 

U.S.C. 3002). 

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

respect to an older individual, that such individual is unable 

to perform at least two activities of daily living without substantial human assistance (including verbal reminding, physical cuing, or supervision) and is determined by the State to be 

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

ø(18)¿ (10) The term ‘‘board and care facility’’ means an institution regulated by a State pursuant to section 1616(e) of 

the Social Security Act (42 U.S.C. 1382e(e)). 

ø(21)¿ (11) The term ‘‘case management service’’—

(A) * * * 

* * * * * * * 

(12) The term ‘‘disease prevention and health promotion 

services’’ means—

(A) * * * 

* * * * * * * 

ø(D) health promotion programs, including but not limited to programs relating to prevention and reduction of effects of chronic disabling conditions (including osteoporosis 

and cardiovascular disease), alcohol and substance abuse 

reduction, smoking cessation, weight loss and control, and 

stress management;¿ 

(D) evidence-based health promotion programs, including 

programs related to the prevention and mitigation of the effects of chronic disease (including osteoporosis, hypertension, obesity, diabetes, and cardiovascular disease), alcohol and substance abuse reduction, smoking cessation, 


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weight loss and control, stress management, falls prevention, physical activity, and improved nutrition through the 

consumption of a healthful diet and multivitamin-mineral 

supplementation; 

* * * * * * * 

ø(8)¿ (13) The term ‘‘disability’’ means (except when such 

term is used in the phrase ‘‘severe disability’’, ‘‘developmental 

disabilities’’, ‘‘physical or mental disability’’, ‘‘physical and 

mental disabilities’’, or ‘‘physical disabilities’’) a disability attributable to mental or physical impairment, or a combination 

of mental and physical impairments, that results in substantial 

functional limitations in 1 or more of the following areas of 

major life activity: (A) self-care, (B) receptive and expressive 

language, (C) learning, (D) mobility, (E) self-direction, (F) capacity for independent living, (G) economic self-sufficiency, (H) 

cognitive functioning, and (I) emotional adjustment. 

ø(22)¿ (14) The term ‘‘elder abuse’’ means abuse of an older 

individual. 

ø(23)¿ (15) The term ‘‘elder abuse, neglect, and exploitation’’

means abuse, neglect, and exploitation, of an older individual. 

(16) The term ‘‘elder justice’’ means efforts to prevent, detect, 

treat, intervene in, and respond to elder abuse, neglect, and exploitation and to protect elders with diminished capacity while 

maximizing their autonomy. 

ø(24) The term ‘‘exploitation’’ means the illegal or improper 

act or process of an individual, including a caregiver, using the 

resources of an older individual for monetary or personal benefit, profit, or gain.¿ 

(17) The term ‘‘exploitation’’ means the fraudulent or otherwise illegal, unauthorized, or improper act or process of an individual that uses the resources of an older individual for monetary or personal benefit, profit, or gain, or that results in depriving an older individual of rightful access to, or use of, benefits, resources, belongings, or assets. 

ø(42)¿ (18) The term ‘‘family violence’’ has the same meaning 

given the term in the Family Violence Prevention and Services 

Act. 

ø(25)¿ (19) The term ‘‘focal point’’ means a facility established to encourage the maximum collocation and coordination 

of services for older individuals. 

ø(26)¿ (20) The term ‘‘frail’’ means, with respect to an older 

individual in a State, that the older individual is determined 

to be functionally impaired because the individual— (A) * * * 

* * * * * * * 

ø(27)¿ (21) The term ‘‘greatest economic need’’ means the 

need resulting from an income level at or below the poverty 

line. 

ø(28)¿ (22) The term ‘‘greatest social need’’ means the need 

caused by noneconomic factors, which include— (A) * * * 

* * * * * * * 


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(23) The term ‘‘Hispanic serving institution’’ has the meaning 

as defined in section 502 of the Higher Education Act of 1965 

(20 U.S.C. 1101A). 

ø(19)¿ (24) The term ‘‘in-home services’’ includes— (A) * * * 

* * * * * * * 

ø(5)¿ (25) The term ‘‘Indian’’ means a person who is a member of an Indian tribe. 

ø(6)¿ (26) Except for the purposes of title VI of this Act, the 

term ‘‘Indian tribe’’ means any tribe, band, nation, or other organized group or community of Indians (including any Alaska 

Native village or regional or village corporation as defined in 

or established pursuant to the Alaska Native Claims Settlement Act (Public Law 92–203; 85 Stat. 688) which (A) is recognized as eligible for the special programs and services provided 

by the United States to Indians because of their status as Indians; or (B) is located on, or in proximity to, a Federal or State 

reservation or rancheria. 

ø(29)¿ (27) The term ‘‘information and assistance service’’ means a service for older individuals that— (A) * * * 

* * * * * * * 

(E) serves the entire community of older individuals, 

particularly— (i) older individuals with greatest social need; øand¿ 

(ii) older individuals with greatest economic needø.¿; 

and 

(iii) older individuals at risk for institutional placement. 

ø(11)¿ (28) The term ‘‘information and referral’’ includes information relating to assistive technology. 

ø(30)¿ (29) The term ‘‘institution of higher education’’ has 

the meaning given the term in section 101 of the Higher Education Act of 1965. 

ø(31)¿ (30) The term ‘‘legal assistance’’—

(A) means legal advice and representation provided by 

an attorney to older individuals with economic or social 

needs; and 

(B) includes—

(i) to the extent feasible, counseling or other appropriate assistance by a paralegal or law student under 

the direct supervision of an attorney; and 

(ii) counseling or representation by a nonlawyer 

where permitted by law. 

(31) The term ‘‘long-term care’’ means any services, care, or 

items (including assistive devices), including disease prevention 

and health promotion services, in-home services, and case management service—

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

the extent practicable compensate for, functional impairments in carrying out activities of daily living; 

(B) furnished at home, in a community care setting (including a small community care setting as defined in subsection (g)(1), and a large community care setting as deVerDate Aug 31 2005 01:59 Jun 12, 2006 Jkt 049006 PO 00000 Frm 00080 Fmt 6659 Sfmt 6603 E:\HR\OC\HR493.XXX HR493

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fined 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. 

* * * * * * * 

ø(34) The term ‘‘neglect’’ means— ø(A) the failure to provide for oneself the goods or services that are necessary to avoid physical harm, mental anguish, or mental illness; or 

ø(B) the failure of a caregiver to provide the goods or 

services.¿ 

(34) The term ‘‘multivitamin-mineral supplement’’ means a 

dietary supplement that provides at least two-third’s of the essential vitamins and minerals at 100 percent of the daily value 

levels as determined by the Food and Drug Administration. 

ø(20)¿ (35) The term ‘‘Native American’’ means— (A) * * * 

* * * * * * * 

(36) The term ‘‘neglect’’ means— (A) the failure of a caregiver or fiduciary to provide goods 

or services that are necessary to maintain the health or 

safety of an elder; or 

(B) self neglect. 

ø(4)¿ (37) The term ‘‘nonprofit’’ as applied to any agency, institution, or organization means an agency, institution, or organization which is, or is owned and operated by, one or more 

corporations or associations no part of the net earnings of 

which inures, or may lawfully inure, to the benefit of any private shareholder or individual. 

ø(35)¿ (38) The term ‘‘older individual’’ means an individual 

who is 60 years of age or older. 

ø(36)¿ (39) The term ‘‘physical harm’’ means bodily injury, 

impairment, or disease. 

ø(37)¿ (40) The term ‘‘planning and service area’’ means an 

area designated by a State agency under section 305(a)(1)(E), 

including a single planning and service area described in section 305(b)(5)(A). 

ø(38)¿ (41) The term ‘‘poverty line’’ means the official poverty 

line (as defined by the Office of Management and Budget, and 

adjusted by the Secretary in accordance with section 673(2) of 

the Community Services Block Grant Act (42 U.S.C. 9902(2)). 

ø(39)¿ (42) The term ‘‘representative payee’’ means a person 

who is appointed by a governmental entity to receive, on behalf 

of an older individual who is unable to manage funds by reason 

of a physical or mental incapacity, any funds owed to such individual by such entity. 

ø(1)¿ (43) The term ‘‘Secretary’’ means the Secretary of 

Health and Human Services, expect that for purposes of title 

V such term means the Secretary of Labor. 

(44) The term ‘‘self-directed care’’ means an approach to providing services (including programs, benefits, supports, and 

technology) under this Act intended to an older individual to 

assist such individual with activities of daily living, in which—


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82 

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

provider, and location of such services) are planned, budgeted, and purchased under the direction and control of such 

individual; 

(B) such individual is provided with such information 

and assistance as necessary and appropriate to enable such 

individual to make informed decisions about his or her 

care options; 

(C) the needs, capabilities, and preferences of such individual with respect to such services, and such individual’s 

ability to direct and control his or her receipt of such services, are assessed by the area agency on aging (or other 

agency designated by the area agency on aging); 

(D) based on the assessment made under subparagraph 

(C), the area agency on aging (or other agency designated 

by the area agency on aging) develops together with such 

individual and his or her family, caregiver, or legal representative— (i) a plan of services for such individual that specifies which services such individual will be responsible 

for directing; 

(ii) a determination of the role of family members 

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

(iii) a budget for such services; and 

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

oversight of such individual’s self-directed receipt of services, including steps to ensure the quality of services provided and the appropriate use of funds under this Act. 

(45) The term ‘‘self-neglect’’ means an adult’s inability, due to 

physical or mental impairment or diminished capacity, to perform essential self-care tasks including— (A) obtaining essential food, clothing, shelter, and medical care; 

(B) obtaining goods and services necessary to maintain 

physical health, mental health, or general safety; or 

(C) managing one’s own financial affairs. 

ø(9)¿ (46) The term ‘‘severe disability’’ means a severe, 

chronic disability attributable to mental or physical impairment, or a combination of mental and physical impairments, 

that—

(A) is likely to continue indefinitely; and 

(B) results in substantial functional limitation in 3 or 

more of the major life activities specified in subparagraphs 

(A) through (G) of paragraph (8). 

ø(43)¿ (47) The term ‘‘sexual assault’’ has the meaning given 

the term in section 2003 of the Omnibus Crime Control and 

Safe Streets Act of 1968 (42 U.S.C. 3796gg–2). 

ø(3)¿ (48) The term ‘‘State’’ means any of the several States, 

the District of Columbia, the Virgin Islands of the United 

States, the Commonwealth of Puerto Rico, Guam, American 

Samoa, and the Commonwealth of the Northern Mariana Islands. 

ø(40)¿ (49) The term ‘‘State agency’’ means the agency designated under section 305(a)(1). 


hmoore on PROD1PC68 with HMRPT
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(50) The term ‘‘State system of long-term care’’ means the 

Federal, State, and local programs and activities administered 

by a State that provide, support, or facilitate access to long-term 

care to individuals in such State. 

ø(41)¿ (51) The term ‘‘supportive service’’ means a service described in section 321(a). 

ø(7)¿ (52) Except for the purposes of title VI of this Act, the 

term ‘‘tribal organization’’ means the recognized governing 

body of any Indian tribe, or any legally established organization of Indians which is controlled, sanctioned, or chartered by 

such governing body. In any case in which a contract is let or 

grant made to an organization to perform services benefiting 

more than one Indian tribe, the approval of each such Indian 

tribe shall be a prerequisite to the letting or making of such 

contract or grant. 

* * * * * * * 

TITLE II—ADMINISTRATION ON AGING 

ESTABLISHMENT OF ADMINISTRATION ON AGING

SEC. 201. (a) * * * 

* * * * * * * 

(e)(1) The Assistant Secretary may designate within the Administration responsibility for elder abuse prevention and services. 

(2) It shall be the duty of the assistant secretary, acting through 

the person designated with responsibility for elder abuse prevention 

and services, to develop objectives, priorities, policy, and a long-term 

plan for—

(A) carrying out elder justice programs and activities relating 

to—

(i) elder abuse prevention, detection, treatment, and intervention, and response; 

(ii) training of individuals regarding the matters described in clause (i); and 

(iii) the improvement of the elder justice system in the 

United States; 

(B) collecting and disseminating data relating to the abuse, 

neglect, and exploitation of older individuals; 

(C) disseminating information concerning best practices regarding, and providing training on, carrying out activities related to abuse, neglect, and exploitation of older individuals; 

(D) conducting research related to abuse, neglect, and exploitation of older individuals; 

(E) providing technical assistance to States and other eligible 

entities under title VII; 

(F) assisting States and other eligible entities under title VII 

to develop strategic plans to better coordinate elder justice activities, research, and training; and 

(G) promoting collaborative efforts and diminishing duplicative efforts in the development and carrying out of elder justice 

programs at the Federal, State, and local levels. 


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FUNCTIONS OF ASSISTANT SECRETARY

SEC. 202. (a) It shall be the duty and function of the Administration to—

(1) * * * 

* * * * * * * 

(5) develop plans, conduct and arrange for research in the 

field of aging, and assist in the establishment and implementation of programs designed to meet the needs of older individuals for supportive services, including nutrition, hospitalization, education and training services (including preretirement 

training, and continuing education), low-cost transportation 

and housing, assistive technology, and health (including mental 

health) services; 

* * * * * * * 

(12)(A) consult and coordinate activities with the Centers for 

Medicare & Medicaid Services and other federal entities to implement and build awareness of programs providing benefits affecting older individuals; and 

(B) carry on a continuing evaluation of the programs and activities related to the objectives of this Act, with particular attention to the impact of medicare and medicaid, the Age Discrimination in Employment Act of 1967, and the programs of 

the National Housing Act relating to housing for older individuals and the setting of standards for the licensing of nursing 

homes, intermediate care homes, and other facilities providing 

care for such individuals; 

* * * * * * * 

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

øand area agencies on aging¿, area agencies on aging, and 

service providers to carry out outreach to inform older individuals with greatest economic need who may be eligible to receive, but are not receiving, supplemental security income benefits under title XVI of the Social Security Act (42 U.S.C. 1381 

et seq.) (or assistance under a State plan program under such 

title), medical assistance under title XIX of such Act (42 U.S.C. 

1396 et seq.), øand¿ benefits under the Food Stamp Act of 1977 

(7 U.S.C. 2011 et seq.), benefits under any other applicable Federal program, or any other service (including technology and 

internet-based decision support tools) to assist consumers to 

learn about, to receive benefits under, and to participate in programs for which they may be eligible of the requirements for 

eligibility to receive such benefits and such assistance; and 

(B) provide technical assistance and support for benefits enrollment assistance and outreach to support existing efforts to 

inform and enroll older individuals who may be eligible to participate, but who are not participating, in programs for which 

they are eligible, and may in cooperation with Federal partners, 

establish a National Center on Senior Benefits Outreach and 

Enrollment, which shall—

(i) develop, maintain, and update web-based decision 

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

the full range of benefits for which they may be eligible; 


hmoore on PROD1PC68 with HMRPT
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(ii) utilize strategies to find and enroll those with greatest 

economic need; 

(iii) create and support efforts for Aging and Disability 

Resource Centers, and other public and private state and 

community-based organizations, including faith-based organizations, to serve as enrollment benefit centers; 

(iv) develop and maintain an information clearinghouse 

on best practices and cost effective methods for enrolling 

limited income older Americans in benefits for which they 

are eligible; and 

(v) provide, in collaboration with Federal partners administering programs, training and technical assistance on 

effective outreach, screening, enrollment and follow-up 

strategies. 

* * * * * * * 

(26) design and implement, for purposes of compliance with 

paragraph (19), uniform data collection procedures for use by 

State agencies, including— (A) * * * 

* * * * * * * 

(D) procedures for collecting information on øgaps in¿ 

services needed by older individuals (including services 

that would permit such individuals to receive long-term 

care in home and community-based settings), as identified 

by service providers in assisting clients through the provision of the supportive services; and 

(E) procedures for the assessment of unmet needs for 

services under this Act; øand¿ 

(27) improve the delivery of services to older individuals living in rural areas through— (A) synthesizing results of research on how best to meet 

the service needs of older individuals in rural areas; 

(B) developing a resource guide on best practices for 

States, area agencies on aging, and service providers; and 

(C) providing training and technical assistance to States 

to implement these best practices of service delivery;ø 

and.¿ 

ø(D) submitting a report on the States’ experiences in 

implementing these best practices and the effect these innovations are having on improving service delivery in 

rural areas to the relevant committees not later than 36 

months after enactment.¿ 

(28) make available to States information and technical assistance to support the provision of evidence-based disease prevention and health promotion services. 

ø(b) In order to strengthen the involvement of the Administration 

in the development of policy alternatives in long-term care and to 

insure that the development of community alternatives is given priority attention, the Assistant Secretary shall—

ø(1) develop planning linkages with utilization and quality 

control peer review organizations under title XI of the Social 

Security Act, with the Substance Abuse and Mental Health 

Services Administration and the Administration on Developmental Disabilities; 


hmoore on PROD1PC68 with HMRPT
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ø(2) participate in all departmental and interdepartmental 

activities which concern issues of institutional and noninstitutional long-term health care services development; 

ø(3) review and comment on all departmental regulations 

and policies regarding community health and social service development for older individuals; and 

ø(4) participate in all departmental and interdepartmental 

activities to provide a leadership role for the Administration, 

State agencies, and area agencies on aging in the development 

and implementation of a national community-based long-term 

care program for older individuals. 

ø(c) In executing the duties and functions of the Administration under this Act and carrying out the programs and activities 

provided for by this Act, the Assistant Secretary, in consultation 

with the Corporation for National and Community Service, shall 

take all possible steps to encourage and permit voluntary groups 

active in supportive services, including youth organizations active 

at the high school or college levels, to participate and be involved 

individually or through representative groups in such programs or 

activities to the maximum extent feasible, through the performance 

of advisory or consultative functions, and in other appropriate 

ways.¿ 

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

for providing long-term care in home and community-based settings, 

in a manner responsive to the needs and preferences of older individuals and their family caregivers, the Assistant Secretary shall, 

consistent with the applicable provisions of this title— (1) collaborate, coordinate, and consult with other Federal 

agencies and departments responsible for formulating and implementing programs, benefits, and services related to providing 

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

(2) conduct research and demonstration projects to identify 

innovative, cost-effective strategies for modifying State systems 

of long-term care to—

(A) respond to the needs and preferences of older individuals and family caregivers; and 

(B) target services to individuals at risk for institutional 

placement, to permit such individuals to remain in home 

and community-based care settings; 

(3) establish criteria and promote the implementation 

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

other entities as the Assistant Secretary determines to be appropriate) of evidence-based programs to assist older individuals 

and their family caregivers in learning about and making behavioral changes intended to reduce the risk of injury, disease, 

and disability among older individuals; 

(4) facilitate, in coordination with the Centers for Medicare & 

Medicaid Services, the provision of long-term care in home and 

community-based settings, including the provision of self-directed care models that—

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

to help such individual avoid unnecessary nursing home 


hmoore on PROD1PC68 with HMRPT
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placement and depletion of income and assets to qualify for 

Medicaid eligibility; 

(B) respond to the needs and preferences of such individual and provide the option for the individual (or representative, as appropriate) to direct and control the receipt 

of support services provided; 

(C) assist an older individual (or a representative, as appropriate) develop a plan for long-term support, including 

the selecting, budgeting, and purchasing of home and community-based long-term care and supportive services; 

(for purposes of this paragraph, the term ‘‘representative’’ means 

a person appointed by the eligible individual, or legally acting 

on the individual’s behalf, to represent or advise the individual 

in financial or service coordination matters); 

(5) provide for the Administration to play a lead role with respect to issues concerning home and community-based longterm care, including— (A) directing (as the Secretary or the President determines to be appropriate) or otherwise participating in departmental and interdepartmental activities concerning 

long-term care; 

(B) reviewing and commenting on departmental rules, 

regulations, and policies related to providing long-term 

care; and 

(C) making recommendations to the Secretary with respect to home and community-based long-term care, including recommendations based on findings made through 

projects conducted under paragraph (2); 

(6) promote, in coordination with other appropriate Federal 

agencies, enhanced awareness by the public of the importance 

of planning in advance for long-term care and the availability 

of information and resources to assist in such planning; 

(7) implement in all states Aging and Disability Resource 

Centers—

(A) to serve as visible and trusted sources of information 

on the full range of long-term care options that are available in the community, including both institutional and 

home and community-based care; 

(B) to provide personalized and consumer friendly assistance to empower people to make informed decisions about 

their care options; 

(C) to provide coordinated and streamlined access to all 

publicly supported long-term care options so that consumers can obtain the care they need though a single intake, assessment and eligibility determination process; 

(D) to help people to plan ahead for their future longterm care needs; and 

(E) to assist, in coordination with the State Health Insurance Assistance Program, Medicare beneficiaries in understanding and accessing the Prescription Drug Coverage and 

preventative health benefits available under the Medicare 

Modernization Act; 

(8) establish, either directly or through grants or contracts, a 

national technical assistance program to assist State agencies, 

area agencies on aging, and community-based service providers 


hmoore on PROD1PC68 with HMRPT
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funded under this Act in implementing such home and community-based long-term care systems including evidence-based programs; 

(9) develop, in collaboration with the Administrator of the 

Centers for Medicare & Medicaid Services, performance standards and measures for use by States to determine the extent to 

which their systems of long-term care fulfill the objectives described in this subsection; and 

(10) conduct such other activities as the Assistant Secretary 

determines to be appropriate. 

(c) The Assistant Secretary, in consultation with the Corporation 

for National and Community Service, shall— (1) encourage and permit voluntary groups active in supportive services, including youth organizations active at the secondary or postsecondary levels, to participate and be involved 

individually or through representative groups, in such programs or activities to the maximum extent feasible; 

(2) develop a comprehensive strategy for utilizing older individuals to address critical local needs of national concern; and 

(3) encourage other community capacity building initiatives 

involving older individuals. 

* * * * * * * 

(e)(1)(A) The Assistant Secretary shall make grants or enter into 

contracts with eligible entities to establish the National Aging Information Center (in this subsection referred to as the ‘‘Center’’) 

to—

(i) * * * 

* * * * * * * 

(vi) be a national resource on statistical data regarding 

agingø;¿. 

FEDERAL AGENCY CONSULTATION

SEC. 203. (a)(1) * * * 

* * * * * * * 

(3) The head of each department, agency, or instrumentality of 

the Federal Government administering programs and services substantially related to the objectives of this Act shall collaborate with 

the Assistant Secretary in carrying out this Act, and shall develop 

a written analysis, for review and comment by the Assistant Secretary, of the impact of such programs and services on—

(A) older individuals ø(with particular attention to low-income minority older individuals and older individuals residing 

in rural areas)¿ (with particular attention to low-income older 

individuals, including low-income minority older individuals, 

older individuals with limited English proficiency, and older 

individuals residing in rural areas) and eligible individuals (as 

defined in section 507); and 

* * * * * * * 

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

(1) * * * 

* * * * * * * 


hmoore on PROD1PC68 with HMRPT
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(17) the Developmental Disabilities Assistance and Bill of 

Rights Act of 2000; øand¿ 

(18) the Edward Byrne Memorial State and Local Law Enforcement Assistance Programs, established under part E of 

title I of the Omnibus Crime Control and Safe Streets Act of 

1968 (42 U.S.C. 3750–3766b))ø.¿; and 

(19) sections 4 and 5 of the Assistive Technology Act of 1998 

(29 U.S.C. 3003–3004). 

* * * * * * * 

ADMINISTRATION OF THE ACT

SEC. 205. (a)(1) In carrying out the objectives of this Act, the Assistant Secretary is authorized to— (A) * * * 

(B) provide short-term training and technical instruction; 

(C) conduct research and demonstrations; and 

(D) collect, prepare, publish, and disseminate special educational or informational materials, including reports of the 

projects for which funds are provided under this Actø; and¿. ø(E) provide staff and other technical assistance to the Federal Council on the Aging.¿ 

(2)(A) The Assistant Secretary shall designate an officer or employee who shall serve on a full-time basis and who shall be responsible for the administration of the nutrition services described 

in subparts 1 and 2 of part C of title III and shall have duties that 

include—

ø(i) designing, implementing, and evaluating nutrition 

programs;¿ 

(i) designing, implementing, and evaluating evidence-based 

programs to support improved nutrition and regular physical 

activity for older individuals; 

* * * * * * * 

ø(iii) disseminating information to nutrition service providers 

about nutrition advancements and developments;¿ 

(iii) conducting outreach and disseminating evidence-based 

information to nutrition service providers about the benefits of 

healthful diets and regular physical activity, including information about the most current Dietary Guidelines for Americans published under section 301 of the National Nutrition 

Monitoring and Related Research Act of 1990 (7 U.S.C. 5341), 

the Food Guide Pyramid published jointly by the Secretary and 

the Secretary of Agriculture, and advances in nutrition science; 

* * * * * * * 

(vii) developing model menus and other appropriate materials for serving special needs populations and meeting cultural 

meal preferences; øand¿ 

ø(viii) providing technical assistance to the regional offices of 

the Administration with respect to each duty described in 

clauses (i) through (vii).¿ 

(viii) disseminating guidance that describes strategies for improving the nutritional quality of meals provided under title III, 

particularly strategies for increasing the consumption of whole 

grains, lowfat dairy products, fruits and vegetables; 


hmoore on PROD1PC68 with HMRPT
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(ix) developing and disseminating guidelines for conducting 

nutrient analyses of meals provided in subparts 1 and 2 of part 

C, including guidelines for averaging key nutrients over an appropriate period of time; and 

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

Administration with respect to each duty described in clauses 

(i) through (viii). 

* * * * * * * 

(C) The officer or employee designated under subparagraph (A) 

shall—

ø(i) have expertise in nutrition and dietary services and 

planning; and¿ 

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

* * * * * * * 

EVALUATION

SEC. 206. (a) * * * 

* * * * * * * 

(g) øThe Secretary may use such sums as may be necessary, but not to exceed $3,000,000 (of which not to exceed $1,500,000 shall 

be available from funds appropriated to carry out title III and not 

to exceed $1,500,000 shall be available from funds appropriated to 

carry out title IV), to conduct directly evaluations under this section.¿ From the total amount appropriated for each fiscal year to 

carry out title III, the Secretary may use such sums as may be necessary, but not 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. No part of such sums may be reprogrammed, transferred, or used for any other purpose. Funds expended under this subsection shall be justified and accounted for 

by the Secretary. 

REPORTS

SEC. 207. (a) * * * 

(b)(1) * * * 

(2) The Assistant Secretary shall submit the report required by 

paragraph (1) to— (A) * * * 

(B) the Committee on Education and øLabor¿ the Workforce 

of the House of Representatives; and 

(C) the Committee on øLabor and Human Resources¿ 

Health, Education, Labor, and Pensions of the Senate. 

* * * * * * * 

øCONTRACTING AND GRANT AUTHORITY

øSEC. 212. None of the provisions of this Act shall be construed 

to prevent a recipient of a grant or a contract from entering into 

an agreement, subject to the approval of the State agency (or in the 

case of a grantee under title VI, subject to the recommendation of 

the Director of the Office for American Indian, Alaskan Native, and 

Native Hawaiian Aging and the approval of the Assistant SecVerDate Aug 31 2005 01:59 Jun 12, 2006 Jkt 049006 PO 00000 Frm 00090 Fmt 6659 Sfmt 6601 E:\HR\OC\HR493.XXX HR493

hmoore on PROD1PC68 with HMRPT
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retary), with a profitmaking organization to carry out the provisions of this Act and of the appropriate State plan.¿ 

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

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

construed to prevent a recipient of a grant or a contract from entering into an agreement—

(1) with a profitmaking organization; 

(2) under which funds provided under such grant or contract 

are used to pay part or all of a cost (including an administrative cost) incurred by such recipient to carry out a contract or 

commercial relationship for the benefit of older individuals or 

their family caregivers, whether such relationship is carried out 

to implement a provision of this Act or to conduct activities inherently associated with implementing such provision; or 

(3) under which any individual, regardless of age or income 

(including the family caregiver of such individual), who seeks 

to receive 1 or more services pays, at their own private expense, 

to receive such services based on the fair market value of such 

services. 

(b) ENSURING APPROPRIATE USE OF FUNDS.—An agreement described under subsection (a) may not— (1) be made without the prior approval of the State agency 

(or, in the case of a grantee under title VI, without the prior recommendation of the Director of the Office for American Indian, 

Alaska Native, and Native Hawaiian Aging and the prior approval of the Assistant Secretary); 

(2) directly or indirectly provide for, or have the effect of, paying, reimbursing, or otherwise compensating an entity under 

such agreement in an amount that exceeds the fair market 

value of the goods or services furnished by such entity under 

such agreement; 

(3) result in the displacement of services otherwise available 

to an older individual with the greatest social need, an older individual with greatest economic need, or an older individual 

who is at risk for institutional placement; or 

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

* * * * * * * 

øSEC. 214. NUTRITION EDUCATION. 

øThe Assistant Secretary and the Secretary of Agriculture may 

provide technical assistance and appropriate material to agencies 

carrying out nutrition education programs in accordance with section 339(2)(J).¿ 

SEC. 214. NUTRITION EDUCATION. 

The Assistant Secretary, in consultation with the Secretary of Agriculture, shall conduct outreach and provide technical assistance to 

agencies and organizations that serve older individuals to assist 

such agencies and organizations to carry out integrated health promotion and disease prevention programs that are designed for older 

individuals and that include nutrition education, physical activity, 

and other activities to modify behavior and to improve health litVerDate Aug 31 2005 01:59 Jun 12, 2006 Jkt 049006 PO 00000 Frm 00091 Fmt 6659 Sfmt 6603 E:\HR\OC\HR493.XXX HR493

hmoore on PROD1PC68 with HMRPT
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eracy (including information on optimal nutrient intake) through 

education and counseling in accordance with section 339(2)(J). 

SEC. 215. PENSION COUNSELING AND INFORMATION PROGRAMS. 

(a) * * * 

* * * * * * * 

(e) APPLICATION.—To be eligible to receive a grant under this section, an entity shall submit an application to the Assistant Secretary at such time, in such manner, and containing such information as the Assistant Secretary may require, including—

(1) a plan to establish a pension counseling and information 

program that—

(A) * * * 

* * * * * * * 

(J) establishes or continues an outreach program to provide information, counseling, referral and assistance regarding pension and other retirement benefits, with particular emphasis on outreach to women, minorities, older 

individuals residing in rural areas øand low income retirees¿, low-income retirees, and older individuals with limited English proficiency; and 

* * * * * * * 

(f ) CRITERIA.—The Assistant Secretary shall consider the following criteria in awarding grants under this section: 

(1) * * * 

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

affected populations, particularly populations that are identified in need of special outreach.¿ 

(2) The ability of the entity to perform effective outreach to affected populations, particularly populations with limited 

English proficiency and other populations that are identified in 

need of special outreach. 

* * * * * * * 

(h) PENSION ASSISTANCE HOTLINE AND INTRAGENCY COORDINATION.—

(1) * * * 

(2) CONTENT.—Such hotline described in paragraph (1) shall 

provide information for individuals (including individuals with 

limited English proficiency) seeking outreach, information, 

counseling, referral, and assistance regarding pension and 

other retirement benefits, and rights related to such benefits. 

* * * * * * * 

SEC. 216. AUTHORIZATION OF APPROPRIATIONS. 

(a) IN GENERAL.—For purposes of carrying out this Act, there are 

authorized to be appropriated for administration, salaries, and expenses of the Administration such sums as may be necessary for 

fiscal years ø2001, 2002, 2003, 2004, and 2005¿ 2007, 2008, 2009, 

2010, and 2011. 

(b) ELDERCARE LOCATOR SERVICE.—There are authorized to be 

appropriated to carry out section 202(a)(24) (relating to the National Eldercare Locator Service) such sums as may be necessary 

for fiscal øyear 2001, and such sums as may be necessary for each 


hmoore on PROD1PC68 with HMRPT
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of the 4 succeeding fiscal years¿ years 2007, 2008, 2009, 2010, and 

2011. (c) PENSION COUNSELING AND INFORMATION PROGRAMS.—There 

are authorized to be appropriated to carry out section 215, such 

sums as may be necessary for fiscal øyear 2001 and for each of the 

4 succeeding fiscal years¿ years 2007, 2008, 2009, 2010, and 2011. 

* * * * * * * 

TITLE III—GRANTS FOR STATE AND COMMUNITY 

PROGRAMS ON AGING 

PART A—GENERAL PROVISIONS

PURPOSE; ADMINISTRATION

SEC. 301. (a)(1) * * * 

(2) The persons referred to in paragraph (1) include—

(A) * * * 

* * * * * * * 

(D) the providers, including voluntary organizations or other 

private sector organizations, of supportive services, nutrition 

services, and multipurpose senior centers; øand¿ 

(E) organizations representing or employing older individuals 

or their familiesø.¿; and 

(F) organizations with experience in providing senior volunteer services, such as Federal volunteer programs administered 

by the Corporation for National and Community Service designed to provide training, placement, and stipends for volunteers in community service settings. 

* * * * * * * 

AUTHORIZATION OF APPROPRIATIONS; USES OF FUNDS

SEC. 303. (a)(1) There are authorized to be appropriated to carry 

out part B (relating to supportive services) such sums as may be 

necessary for fiscal øyear 2001, and such sums as may be necessary for each of the 4 succeeding fiscal years¿ years 2007, 2008, 

2009, 2010, and 2011. 

* * * * * * * 

(b)(1) There are authorized to be appropriated to carry out subpart 1 of part C (relating to congregate nutrition services) such 

sums as may be necessary for fiscal øyear 2001, and such sums as 

may be necessary for each of the 4 succeeding fiscal years¿ years 

2007, 2008, 2009, 2010, and 2011. 

(2) There are authorized to be appropriated to carry out subpart 

2 of part C (relating to home delivered nutrition services) such 

sums as may be necessary for fiscal øyear 2001, and such sums as 

may be necessary for each of the 4 succeeding fiscal years¿ years 

2007, 2008, 2009, 2010, and 2011. 

* * * * * * * 

(d) There are authorized to be appropriated to carry out part D 

(relating to disease prevention and health promotion services) such 

sums as may be necessary for fiscal øyear 2001, and such sums as 


hmoore on PROD1PC68 with HMRPT
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may be necessary for each of the 4 succeeding fiscal years¿ years 

2007, 2008, 2009, 2010, and 2011. (e)(1) There are authorized to be appropriated to carry out part E (relating to family caregiver support) $125,000,000 for fiscal year 

ø2001¿ 2007 if the aggregate amount appropriated under subsection (a)(1) (relating to part B, supportive services), paragraphs 

(1) (relating to subpart 1 of part C, congregate nutrition services) 

and (2) (relating to subpart 2 of part C, home delivered nutrition 

services) of subsection (b), and (d) (relating to part D, disease prevention and health promotion services) of this section for fiscal year 

ø2001¿ 2007 is not less than the aggregate amount appropriated 

under subsection (a)(1), paragraphs (1) and (2) of subsection (b), 

and subsection (d) of section 303 of the Older Americans Act of 

1965 for fiscal year 2000. 

* * * * * * * 

ORGANIZATION

SEC. 305. (a) In order for a State to be eligible to participate in 

programs of grants to States from allotments under this title— (1) the State shall, in accordance with regulations of the Assistant Secretary, designate a State agency as the sole State 

agency to— (A) * * * 

* * * * * * * 

(E) divide the State into distinct planning and service 

areas (or in the case of a State specified in subsection 

(b)(5)(A), designate the entire State as a single planning 

and service area), in accordance with guidelines issued by 

the Assistant Secretary, after considering the geographical 

distribution of older individuals in the State, the incidence 

of the need for supportive services, nutrition services, multipurpose senior centers, and legal assistance, the distribution of older individuals who have greatest economic need 

ø(with particular attention to low-income minority individuals and older individuals residing in rural areas)¿ (with 

particular attention to low-income older individuals, including low-income minority older individuals, older individuals with limited English proficiency, and older individuals residing in rural areas) residing in such areas, the 

distribution of older individuals who have greatest social 

need ø(with particular attention to low-income minority individuals and older individuals residing in rural areas)¿ 

(with particular attention to low-income older individuals, 

including low-income minority older individuals, older individuals with limited English proficiency, and older individuals residing in rural areas) residing in such areas, the 

distribution of older individuals who are Indians residing 

in such areas, the distribution of resources available to 

provide such services or centers, the boundaries of existing 

areas within the State which were drawn for the planning 

or administration of supportive services programs, the location of units of general purpose local government within 

the State, and any other relevant factors; and 

(2) the State agency shall—


hmoore on PROD1PC68 with HMRPT
95 

(A) * * * 

* * * * * * * 

(E) provide assurance that preference will be given to 

providing services to older individuals with greatest economic need and older individuals with greatest social need, 

øwith particular attention to low-income minority individuals and older individuals residing in rural areas¿ with 

particular attention to low-income older individuals, including low-income minority older individuals, older individuals with limited English proficiency, and older individuals residing in rural areas, and include proposed methods 

of carrying out the preference in the State plan; 

* * * * * * * 

(3) the State agency shall, consistent with this section, promote the development and implementation of a comprehensive, 

coordinated system in such State for providing long-term care 

in home and community-based settings, in a manner responsive 

to the needs and preferences of older individuals and their family caregivers, by—

(A) collaborating, coordinating, and consulting with 

other agencies in such State responsible for formulating, 

implementing, and administering programs, benefits, and 

services related to providing long-term care; 

(B) participating in any State government activities concerning long-term care, including reviewing and commenting on any State rules, regulations, and policies related thereto; 

(C) conducting analyses, making recommendations, and 

implementing programs and strategies to modify the State’s 

system of long-term care to better—

(i) respond to the needs and preferences of older individuals and family caregivers; 

(ii) facilitate the provision of long-term care in home 

and community-based settings through service providers; 

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

in home and community-based care settings; and 

(iv) implement (through area agencies on aging, service providers, and such other entities as the State determines to be appropriate) evidence-based programs to 

assist older individuals and their family caregivers in 

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

(D) providing for the availability and distribution 

(through public education campaigns, aging and disability 

resource centers, area agencies on aging, and other appropriate means) of information relating to—

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

and 


hmoore on PROD1PC68 with HMRPT
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(ii) the range of available public and private longterm care programs, options, and resources. 

* * * * * * * 

AREA PLANS

SEC. 306. (a) Each area agency on aging designated under section 

305(a)(2)(A) shall, in order to be approved by the State agency, prepare and develop an area plan for a planning and service area for 

a two-, three-, or four-year period determined by the State agency, 

with such annual adjustments as may be necessary. Each such 

plan shall be based upon a uniform format for area plans within 

the State prepared in accordance with section 307(a)(1). Each such 

plan shall— (1) provide, through a comprehensive and coordinated system, for supportive services, nutrition services, and, where appropriate, for the establishment, maintenance, or construction 

of multipurpose senior centers, within the planning and service 

area covered by the plan, including determining the extent of 

need for supportive services, nutrition services, and multipurpose senior centers in such area (taking into consideration, 

among other things, the number of older individuals with low 

incomes residing in such area, the number of older individuals 

who have greatest economic need ø(with particular attention to 

low-income minority individuals and older individuals residing 

in rural areas)¿ (with particular attention to low-income older 

individuals, low-income minority older individuals, older individuals with limited English proficiency, and older individuals 

residing in rural areas) residing in such area, the number of 

older individuals who have greatest social need (with particular attention to low-income minority individuals) residing 

in such area, the number of older individuals at risk for institutional placement residing in such area, and the number of 

older individuals who are Indians residing in such area, and 

the efforts of voluntary organizations in the community), evaluating the effectiveness of the use of resources in meeting such 

need, and entering into agreements with providers of supportive services, nutrition services, or multipurpose senior centers in such area, for the provision of such services or centers 

to meet such need; 

(2) provide assurances that an adequate proportion, as required under section 307(a)(2), of the amount allotted for part 

B to the planning and service area will be expended for the delivery of each of the following categories of services— (A) services associated with access to services (transportation, health services (including mental health services), 

outreach, information and assistance, and case management services); 

* * * * * * * 

(4)(A)ø(i) provide assurances that the area agency on aging 

will set specific objectives for providing services to older individuals with greatest economic need and older individuals with 

greatest social need, include specific objectives for providing 

services to low-income minority individuals and older individuals residing in rural areas, and include proposed methods of 


hmoore on PROD1PC68 with HMRPT
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carrying out the preference in the area plan;¿ (i) provide assurances that the area agency on aging will— (I) set specific objectives, consistent with State policy, for 

providing services to older individuals with greatest economic need, older individuals with greatest social need, 

and older individuals at risk for institutional placement; 

(II) include in the area plan specific objectives for providing services to low-income minority older individuals 

and older individuals residing in rural areas; and 

(III) include in the area plan proposed methods to 

achieve such objectives; 

(ii) provide assurances that the area agency on aging will include in each agreement made with a provider of any service 

under this title, a requirement that such provider will—

(I) specify how the provider intends to satisfy the service 

needs of low-income minority individuals (including older 

individuals with limited English proficiency) and older individuals residing in rural areas in the area served by the 

provider; 

(II) to the maximum extent feasible, provide services to 

low-income minority individuals (including older individuals with limited English proficiency) and older individuals 

residing in rural areas in accordance with their need for 

such services; and 

(III) meet specific objectives established by the area 

agency on aging, for providing services to low-income minority individuals (including older individuals with limited 

English proficiency) and older individuals residing in rural 

areas within the planning and service area; and 

* * * * * * * 

(B) provide assurances that the area agency on aging will 

use outreach efforts that will— (i) identify individuals eligible for assistance under this 

Act, with special emphasis on—

(I) older individuals residing in rural areas; 

(II) older individuals with greatest economic need 

(with particular attention to low-income minority individuals and older individuals residing in rural areas); 

(III) older individuals with greatest social need (with 

particular attention to low-income minority individuals and older individuals residing in rural areas); 

(IV) older individuals with severe disabilities; 

(V) older individuals with limited English-speaking 

ability; øand¿ 

(VI) older individuals at risk for institutional placement; and 

ø(VI)¿ (VII) older individuals with Alzheimer’s disease or related disorders with neurological and organic 

brain dysfunction (and the caretakers of such individuals); and 

(ii) inform the older individuals referred to in subclauses 

(I) through (VI) of clause (i), and the caretakers of such individuals, of the availability of such assistance; and 

* * * * * * * 


hmoore on PROD1PC68 with HMRPT
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(5) provide assurances that the area agency on aging will coordinate planning, identification, assessment of needs, and provision of services for older individuals with disabilities, with 

particular attention to individuals with severe disabilities and 

individuals at risk for institutional placement, with agencies 

that develop or provide services for individuals with disabilities; 

(6) provide that the area agency on aging will— (A) * * * 

* * * * * * * 

(C)(i) where possible, enter into arrangements with organizations providing day care services for children, assistance to older individuals caring for relatives who are children, and respite for families, so as to provide opportunities for older individuals to aid or assist on a voluntary 

basis in the delivery of such services to children, adults, 

and families; øand¿ 

(ii) if possible regarding the provision of services under 

this title, enter into arrangements and coordinate with organizations that have a proven record of providing services 

to older individuals, that—

(I) * * * 

* * * * * * * 

and that meet the requirements under section 676B of the 

Community Services Block Grant Act; and 

(iii) make use of trained volunteers in providing direct 

services delivered to elderly and disabled individuals needing such care and, if possible, work in coordination with 

volunteer programs (including programs administered by 

the Corporation for National Service) designed to provide 

training, placement, and stipends for volunteers in community service settings. 

(D) establish an advisory council consisting of older individuals (including minority individuals and older individuals residing in rural areas) who are participants or who 

are eligible to participate in programs assisted under this 

Act, family caregivers of such individuals, representatives 

of older individuals, service providers, the business community, local elected officials, providers of veterans’ health 

care (if appropriate), and the general public, to advise continuously the area agency on aging on all matters relating 

to the development of the area plan, the administration of 

the plan and operations conducted under the plan; 

* * * * * * * 

(F) coordinate any mental health services provided (including mental health screening) with funds expended by 

the area agency on aging for part B with the mental 

health services provided by community health centers and 

by other public agencies and nonprofit private organizations; and 

* * * * * * * 

ø(7) provide that the area agency on aging will facilitate the 

coordination of community-based, long-term care services deVerDate Aug 31 2005 01:59 Jun 12, 2006 Jkt 049006 PO 00000 Frm 00098 Fmt 6659 Sfmt 6601 E:\HR\OC\HR493.XXX HR493

hmoore on PROD1PC68 with HMRPT
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signed to enable older individuals to remain in their homes, by 

means including— ø(A) development of case management services as a component of the long-term care services, consistent with the 

requirements of paragraph (8); 

ø(B) involvement of long-term care providers in the coordination of such services; and 

ø(C) increasing community awareness of and involvement in addressing the needs of residents of long-term 

care facilities;¿ 

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

with this section, facilitate the area-wide development and implementation of a comprehensive, coordinated system for providing long-term care in home and community-based settings, 

in a manner responsive to the needs and preferences of older individuals and their family caregivers, by— (A) collaborating, coordinating, and consulting with 

other local public and private agencies and organizations 

responsible for administering programs, benefits, and services related to providing long-term care; 

(B) conducting analyses 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, through service providers, 

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

(iii) target services to older individuals at risk for institutional placement, to permit such individuals to remain in home and community-based care settings; 

(C) 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, and other appropriate means) of information relating to— (i) the need to plan in advance for long-term care; 

and 

(ii) the range of available public and private longterm care programs, options, and resources; 

* * * * * * * 

ø(14) provide assurances that funds received under this title 

will not be used to pay any part of a cost (including an administrative cost) incurred by the area agency on aging to carry 

out a contract or commercial relationship that is not carried 

out to implement this title; and 

ø(15) provide assurances that preference in receiving services 

under this title will not be given by the area agency on aging 

to particular older individuals as a result of a contract or commercial relationship that is not carried out to implement this 

title. 


hmoore on PROD1PC68 with HMRPT
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ø(15) provide assurances that funds received under this title 

will not be used to pay any part of a cost (including an administrative cost) incurred by the area agency on aging to carry 

out a contract or commercial relationship that is not carried 

out to implement this title;¿ 

ø(16)¿ (14) provide assurances that preference in receiving 

services under this title will not be given by the area agency 

on aging to particular older individuals as a result of a contract or commercial relationship that is not carried out to implement this title; 

(15) provide assurances that funds received under this title 

will be used— (A) in a manner, consistent with paragraph (4), that 

gives priority in furnishing benefits and services to older 

individuals with greatest economic need, older individuals 

with greatest social need, and older individuals at risk for 

institutional placement; and 

(B) in compliance with the assurances specified in paragraph (13) and the limitations specified in section 212(b); 

and 

(16) provide, to the maximum extent feasible, for the furnishing of services under this Act consistent with self-directed 

care. 

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

assessment of how prepared the planning and service area is for any 

anticipated change in the number of older individual during the 10- 

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

Such assessment may include— (A) the projected change in the number of older individuals 

in the planning and service area; 

(B) an analysis of how such change may affect such individuals, including such individuals with low incomes, such individuals with greatest economic need, minority older individuals, older individuals residing in rural areas, and older individuals with limited English proficiency; 

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

provided in the planning and service area can be improved, and 

how resource levels can be adjusted, to meet the needs of the 

changing population of older individuals in such area; and 

(D) an analysis of how the change in the number of individuals 85 years of age and older is expected to affect the need for 

supportive services. 

(2) An area agency on aging, in cooperation with government officials, State agencies, tribal organizations, or local entities, may 

make recommendations to government officials in the planning and 

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

to build the capacity in the planning and service area to meet the 

needs of older individuals for—

(A) health and human services; 

(B) land use; 

(C) housing; 

(D) transportation; 

(E) public safety; 

(F) workforce and economic development; 

(G) recreation; 


hmoore on PROD1PC68 with HMRPT
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(H) education; 

(I) civic engagement; and 

(J) any other service as determined by such agency. 

ø(b)¿ (c) Each State, in approving area agency on aging plans 

under this section, shall waive the requirement described in paragraph (2) of subsection (a) for any category of services described in 

such paragraph if the area agency on aging demonstrates to the 

State agency that services being furnished for such category in the 

area are sufficient to meet the need for such services in such area 

and had conducted a timely public hearing upon request. 

ø(c)¿ (d)(1) * * * 

* * * * * * * 

ø(d)¿ (e) An area agency on aging may not require any provider 

of legal assistance under this title to reveal any information that 

is protected by the attorney-client privilege. 

ø(e)¿ (f)(1) * * * 

* * * * * * * 

STATE PLANS

SEC. 307. (a) Except as provided in the succeeding sentence and 

section 309(a), each State, in order to be eligible for grants from 

its allotment under this title for any fiscal year, shall submit to the 

Assistant Secretary a State plan for a two-, three-, or four-year period determined by the State agency, with such annual revisions as 

are necessary, which meets such criteria as the Assistant Secretary 

may by regulation prescribe. If the Assistant Secretary determines, 

in the discretion of the Assistant Secretary, that a State failed in 

2 successive years to comply with the requirements under this title, 

then the State shall submit to the Assistant Secretary a State plan 

for a 1-year period that meets such criteria, for subsequent years 

until the Assistant Secretary determines that the State is in compliance with such requirements. Each such plan shall comply with 

all of the following requirements: 

(1) * * * 

* * * * * * * 

(4) The plan shall provide that the State agency will conduct 

periodic evaluations of, and public hearings on, activities and 

projects carried out in the State under this title and title VII, 

including evaluations of the effectiveness of services provided 

to individuals with greatest economic need, greatest social 

need, or disabilities, øwith particular attention to low-income 

minority individuals and older individuals residing in rural 

areas¿ low-income minority older individuals, older individuals 

with limited English proficiency, and older individuals residing 

in rural areas. 

* * * * * * * 

(14) The plan shall, with respect to the fiscal year preceding 

the fiscal year for which such plan is prepared—

(A) identify the number of low-income minority older individuals in the State, including the number of low-income 

older individuals with limited English proficiency; and 


hmoore on PROD1PC68 with HMRPT
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(B) describe the methods used to satisfy the service needs 

of such minority older individuals, including the plan to 

service the needs of older individuals with limited English 

proficiency. 

ø(14)¿ (15) The plan shall provide assurances that, if a substantial number of the older individuals residing in any planning and service area in the State are of limited Englishspeaking ability, then the State will require the area agency on 

aging for each such planning and service area— (A) * * * 

* * * * * * * 

ø(15) The plan shall, with respect to the fiscal year preceding 

the fiscal year for which such plan is prepared— ø(A) identify the number of low-income minority older 

individuals in the State; and 

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

needs of such minority older individuals.¿ 

(16) The plan shall provide assurances that the State agency 

will require outreach efforts that will— (A) identify individuals eligible for assistance under this 

Act, with special emphasis on— (i) older individuals residing in rural areas; 

(ii) older individuals with greatest economic need 

ø(with particular attention to low-income minority individuals and older individuals residing in rural 

areas)¿ (with particular attention to low-income older 

individuals, low-income minority older individuals, 

older individuals with limited English proficiency, and 

older individuals residing in rural areas); 

(iii) older individuals with greatest social need 

ø(with particular attention to low-income minority individuals and older individuals residing in rural 

areas)¿ (with particular attention to low-income older 

individuals, low-income minority older individuals, 

older individuals with limited English proficiency, and 

older individuals residing in rural areas); 

* * * * * * * 

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

aging will, to the maximum extent feasible, provide for the furnishing of services under this Act consistent with self-directed 

care. 

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

assessment of how prepared the State is, under the State’s statewide service delivery model, for a change in the number of older 

individuals during the 10-year period following the fiscal year 

for which the plan is submitted. 

(B) Such assessment may include—

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

(ii) an analysis of how such change may affect such individuals, including individuals with low incomes, individuals with great economic need, minority 

older individuals, older individuals residing in rural areas, 

and older individuals with limited English proficiency; 


hmoore on PROD1PC68 with HMRPT
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(iii) an analysis of how the programs, policies, and services provided by the State can be improved, including coordinating with area agencies on aging, and how resource 

levels can be adjusted to meet the needs of the changing 

population of older individuals in the State; and 

(iv) an analysis of how the change in the number of individuals 85 years of age and older in the State is expected 

to affect the need for supportive services. 

* * * * * * * 

PAYMENTS

SEC. 309. (a) * * * 

(b)(1) * * * 

(2) Funds required to meet the non-Federal share required by 

section 304(d)(1)(D), in amounts exceeding øthe non-Federal share 

required prior to fiscal year 1981¿ 10 percent of the cost of the services specified in such section 304(d)(1)(D), shall be from State 

sources. 

* * * * * * * 

NUTRITION SERVICES INCENTIVE PROGRAM

SEC. 311. (a) * * * 

(b)(1) * * * 

* * * * * * * 

(3) Each State agency shall promptly and equitably disburse 

amounts received under this subsection to recipients of grants and 

contracts. 

(c)(1) Agricultural commodities (including bonus commodities) 

and products purchased by the Secretary of Agriculture under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c), shall be donated to a recipient of a grant or contract to be used for providing 

nutrition services in accordance with the provisions of this title. 

(2) The Commodities Credit Corporation shall dispose of food 

commodities (including bonus commodities) under section 416 of 

the Agricultural Act of 1949 (7 U.S.C. 1431) by donating them to 

a recipient of a grant or contract to be used for providing nutrition 

services in accordance with the provisions of this title. 

(3) Dairy products (including bonus commodities) purchased by 

the Secretary of Agriculture under section 709 of the Food and Agriculture Act of 1965 (7 U.S.C. 1446a–1) shall be used to meet the 

requirements of programs providing nutrition services in accordance with the provisions of this title. 

(4) Among the commodities delivered under this subsection, the 

Secretary of Agriculture shall give special emphasis to high protein 

foods. The Secretary of Agriculture, in consultation with the Assistant Secretary, is authorized to prescribe the terms and conditions 

respecting the donation of commodities under this subsection. 

ø(d)(1) Each State agency and each grantee under title VI shall 

be entitled to use all or any part of amounts allotted under subsection (b) to obtain from the Secretary of Agriculture commodities 

available through any Federal food commodity processing program, 

at the rates at which such commodities are valued for purposes of 

such program. 


hmoore on PROD1PC68 with HMRPT
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ø(2) The Secretary of Agriculture shall determine and report to 

the Secretary, by such date as the Secretary may require, the 

amount (if any) of its allotment under subsection (b) which each 

State agency and title VI grantee has elected to receive in the form 

of commodities. Such amount shall include an amount bearing the 

same ratio to the costs to the Secretary of Agriculture of providing 

such commodities under this subsection as the value of commodities received by such State agency or title VI grantee under this 

subsection bears to the total value of commodities so received. 

ø(3) From the allotment under subsection (b) for each State agency and title VI grantee, the Secretary shall first reimburse the Secretary of Agriculture for costs of commodities received by such 

State agency or grantee under this subsection, and shall then pay 

the balance (if any) to such State agency or grantee. 

ø(4) Each State agency shall promptly and equitably disburse 

amounts received under this subsection to recipients of grants and 

contracts. Such disbursements shall only be used by such recipients 

of grants or contracts to purchase United States agricultural commodities and other foods for their nutrition projects. 

ø(5) Among the commodities delivered under subsection (c), the 

Secretary of Agriculture shall give special emphasis to high protein 

foods. The Secretary of Agriculture, in consultation with the Assistant Secretary, is authorized to prescribe the terms and conditions 

respecting the provision of commodities under this subsection.¿ 

(d)(1) Amounts provided under subsection (b) to State grantees 

and contractors, and to title VI grantees, shall be available only for 

the purchase by such entities of United States agricultural commodities and other foods for their respective nutrition projects, subject 

to paragraph (2). 

(2) Part or all of the amounts received by an entity specified in 

paragraph (1) may be used to pay a school food authority (as referred to under the Richard B. Russell National School Lunch Act 

(42 U.S.C.1751 et seq.) to obtain United States agricultural commodities for such entity’s nutrition projects, in accordance with an 

agreement between the entity and the school food authority, under 

which such payments—

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

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

authority, including the cost of transporting, distributing, processing, storing, and handling such commodities. 

(e) There are authorized to be appropriated to carry out this section (other than subsection (c)(1)) such sums as may be necessary 

for fiscal year ø2001¿ 2007 and such sums as may be necessary for 

each of the 4 succeeding fiscal years. 

(f) In each fiscal year, øthe Secretary of Agriculture and the Secretary of Health and Human Services¿ the Assistant Secretary and 

the Secretary of Agriculture shall jointly disseminate to State agencies, area agencies on aging, and providers of nutrition services assisted under this title, information concerning—

ø(1) the existence of any Federal commodity processing program in which such State agencies, area agencies on aging, 

and providers may be eligible to participate; and 

ø(2) the procedures to be followed to participate in the program.¿ 


hmoore on PROD1PC68 with HMRPT
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(1) school food authorities participating in programs authorized under the Richard B. Russell National School Lunch Act 

within the geographic area served by each such State agency; 

and 

(2) the donated foods available to such State agencies, area 

agencies on aging, and providers under subsection (c). 

* * * * * * * 

SEC. 315. CONSUMER CONTRIBUTIONS. 

(a) * * * 

(b) VOLUNTARY CONTRIBUTIONS.—

(1) IN GENERAL.—Voluntary contributions shall be allowed 

and may be solicited for all services for which funds are received under this Act øprovided that¿, and such contributions 

shall be encouraged for individuals whose self-declared income 

is at or above 125 percent of the poverty line and may be requested at contribution levels based on the actual cost of services, if the method of solicitation is noncoercive. 

* * * * * * * 

(4) REQUIRED ACTS.—The area agency on aging shall ensure 

that each service provider will— (A) * * * 

* * * * * * * 

(E) use all collected contributions to expand the service 

for which the contributions were given and to supplement 

(not supplant) funds received under this Act. (c) PARTICIPATION.—

(1) * * * 

(2) PLANS.—Prior to the implementation of cost sharing 

under subsection (a), each State and area agency on aging 

shall develop plans that are designed to ensure that the participation of low-income older individuals ø(with particular attention to low-income minority individuals and older individuals residing in rural areas)¿ (with particular attention to lowincome older individuals, including low-income minority older 

individuals, older individuals with limited English proficiency, 

and older individuals residing in rural areas) receiving services will not decrease with the implementation of the cost sharing under such subsection. 

(d) EVALUATION.—Not later than 1 year after the date of the enactment of the Older Americans Act Amendments of 2000, and annually thereafter, the Assistant Secretary shall conduct a comprehensive evaluation of practices for cost sharing to determine its 

impact on participation rates øwith particular attention to low-income and minority older individuals and older individuals residing 

in rural areas¿, with particular attention to low-income older individuals, including low-income minority older individuals, older individuals with limited English proficiency, and older individuals 

residing in rural areas. If the Assistant Secretary finds that there 

is a disparate impact upon low-income or minority older individuals 

or older individuals residing in rural areas in any State or region 

within the State regarding the provision of services, the Assistant 

Secretary shall take corrective action to assure that such services 


hmoore on PROD1PC68 with HMRPT
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are provided to all older individuals without regard to the cost 

sharing criteria. 

* * * * * * * 

PART B—SUPPORTIVE SERVICES AND SENIOR CENTERS

PROGRAM AUTHORIZED

SEC. 321. (a) The Assistant Secretary shall carry out a program 

for making grants to States under State plans approved under section 307 for any of the following supportive services: 

(1) * * * 

* * * * * * * 

(8) services designed to provide health screening (including 

mental health screening) to detect or prevent illnesses, or both, 

that occur most frequently in older individuals; 

* * * * * * * 

(11) services (including assistive technology devices and assistive technology services) which are designed to meet the 

unique needs of older individuals who are disabled, and of 

older individuals who provide uncompensated care to their 

adult children with disabilities; 

* * * * * * * 

(14) a program, to be known as ‘‘Senior Opportunities and 

Services’’, designed to identify and meet the needs of low-income older individuals in one or more of the following areas: 

(A) development and provision of new volunteer services; (B) 

effective referral to existing health (including mental health), employment, housing, legal, consumer, transportation, and 

other services; (C) stimulation and creation of additional services and programs to remedy gaps and deficiencies in presently 

existing services and programs; and (D) such other services as 

the Assistant Secretary may determine are necessary or especially appropriate to meet the needs of low-income older individuals and to assure them greater self-sufficiency; 

* * * * * * * 

(22) in-home services for frail older individuals, including individuals with Alzheimer’s disease and related disorders with 

neurological and organic brain dysfunction, and their families, 

including in-home services defined by a State agency in the 

State plan submitted under section 307, taking into consideration the age, economic need, and noneconomic and nonhealth 

factors contributing to the frail condition and need for services 

of the individuals described in this paragraph, and in-home 

services defined by an area agency on aging in the area plan 

submitted under section 306ø.¿; 

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

aging, and local service providers carry out and coordinate, 

with respect to mental health services, activities including outreach, education, screening, and referral for treatment of older 

individuals; and 


hmoore on PROD1PC68 with HMRPT
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ø(23)¿ (24) any other services necessary for the general welfare of older individuals; 

* * * * * * * 

PART C—NUTRITION SERVICE

SEC. 330. PURPOSE. 

It is the purpose of this part to promote socialization and the 

health and well-being of older individuals by assisting such individuals to gain access to disease prevention and health promotion services (including information, nutrition services, and programs of 

physical activity) to delay the onset of health conditions resulting 

from poor nutritional health or sedentary behavior. 

Subpart 1—Congregate Nutrition Services 

PROGRAM AUTHORIZED

SEC. 331. The Assistant Secretary shall carry out a program for 

making grants to States under State plans approved under section 

307 for the establishment and operation of nutrition projects that—

(1) øwhich,¿ 5 or more days a week (except in a rural area 

where such frequency is not feasible (as defined by the Assistant Secretary by regulation) and a lesser frequency is approved 

by the State agency), provide at least one hot or other appropriate meal per day and any additional meals which the recipient of a grant or contract under this subpart may elect to provide; 

(2) øwhich¿ shall be provided in congregate settings, including adult day care facilities and multigenerational meal sites; 

øand¿ 

ø(3) which may include nutrition education services and 

other appropriate nutrition services for older individuals.¿ 

(3) provide nutrition education, nutrition counseling, and 

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

meal participants; and 

(4) may provide along with a meal described in (1), a multivitamin-mineral supplement as an addition to such meal. 

* * * * * * * 

Subpart 2—Home Delivered Nutrition Services 

øPROGRAM AUTHORIZED

øSEC. 336. The Assistant Secretary shall carry out a program 

for making grants to States under State plans approved under section 307 for the establishment and operation of nutrition projects 

for older individuals which, 5 or more days a week (except in a 

rural area where such frequency is not feasible (as defined by the 

Assistant Secretary by regulation) and a lesser frequency is approved by the State agency), provide at least one home delivered 

hot, cold, frozen, dried, canned, or supplemental foods (with a satisfactory storage life) meal per day and any additional meals which 

the recipient of a grant or contract under this subpart may elect 

to provide. 


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øCRITERIA

øSEC. 337. The Assistant Secretary, in consultation with organizations of and for the aged, blind, and disabled, and with representatives from the American Dietetic Association, the Dietary 

Managers Association, the National Association of Area Agencies 

on Aging, the National Association of Nutrition and Aging Services 

Programs, the National Association of Meals Programs, Incorporated, and any other appropriate group, shall develop minimum 

criteria of efficiency and quality for the furnishing of home delivered meal services for projects described in section 336. The criteria 

required by this section shall take into account the ability of established home delivered meals programs to continue such services 

without major alteration in the furnishing of such services.¿ 

SEC. 336. PROGRAM AUTHORIZED. 

The Assistant Secretary shall establish and carry out a program 

to make grants to States under State plans approved under section 

307 for the establishment and operation of nutrition projects for 

older individuals which provide, on 5 or more days a week (except 

in a rural area where such frequency is not feasible (as defined by 

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

by the State agency)—

(1) at least 1 home delivered meal per day consisting of hot, 

cold, frozen, dried, canned, fresh, or supplemental foods and 

any additional meals that the recipient of a grant or contract 

under this subpart elects to provide; and 

(2) nutrition education, nutrition counseling, and other nutrition services as appropriate, based on the needs of meal recipients. 

SEC. 337. CRITERIA. 

The Assistant Secretary, in consultation with experts in the field 

of nutrition science, dietetics, meal planning and food service management, and aging, shall develop minimum criteria of efficiency 

and quality for the furnishing of home delivered meal services for 

projects described in section 336. 

Subpart 3—General Provisions 

SEC. 339. NUTRITION. 

A State that establishes and operates a nutrition project under 

this chapter shall— ø(1) solicit the advice of a dietitian or individual with comparable expertise in the planning of nutritional services, and¿ 

(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 

(2) ensure that the project—

(A) provides meals that—

ø(i) comply with the Dietary Guidelines for Americans, published by the Secretary and the Secretary of 

Agriculture,¿ 

(i) comply with the most recent Dietary Guidelines 

for Americans, published by the Secretary and the Secretary of Agriculture, and 


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(ii) provide to each participating older individual—

(I) a minimum of 331⁄3 percent of the ødaily recommended dietary allowances as¿ dietary reference intakes established by the Food and Nutrition Board of the Institute of Medicine of the National Academy of Sciences, if the project provides 

one meal per day, 

* * * * * * * 

(D) where feasible, encourages joint arrangements with 

schools and other facilities serving meals to children in 

order to promote shared intergenerational meal programs, 

* * * * * * * 

ø(G) ensures that meal providers carry out such project 

with the advice of dietitians (or individuals with comparable expertise), meal participants, and other individuals knowledgeable with regard to the needs of older individuals,¿ 

(G) ensures that local meal providers solicit the advice 

and expertise of—

(i) a dietitian or, if a dietitian is not available, an individual with comparable expertise in the planning of 

nutrition and food services, 

(ii) meal participants, and 

(iii) other individuals knowledgeable with regard to 

the needs of older individuals, 

(H) ensures that each participating area agency on aging 

establishes procedures that allow nutrition project administrators the option to offer a meal, on the same basis as 

meals provided to participating older individuals, to individuals providing volunteer services during the meal 

hours, and to individuals with disabilities who reside at 

home with øand accompany¿ older individuals eligible 

under this chapter, 

* * * * * * * 

ø(J) provide for nutrition screening and, where appropriate, for nutrition education and counseling.¿ 

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

(K) encourages professionals who distribute nutrition assistance under subpart 2 to provide information to homebound seniors on how to get an influenza vaccination in 

their local areas. 

* * * * * * * 

PART D—DISEASE PREVENTION AND HEALTH PROMOTION SERVICES

PROGRAM AUTHORIZED

SEC. 361. (a) * * * 

* * * * * * * 


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(c) The Assistant Secretary shall work in consultation with qualified experts to provide information on methods of improving indoor 

air quality in buildings where seniors congregate. 

* * * * * * * 

PART E—NATIONAL FAMILY CAREGIVER 

SUPPORT PROGRAM 

SEC. 371. SHORT TITLE. 

This part may be cited as the ‘‘National Family Caregiver Support Act’’. 

Subpart 1—Caregiver Support Program 

SEC. 372. DEFINITIONS. 

In this subpart: 

(1) CHILD.—The term ‘‘child’’ means an individual who is not 

more than 18 years of age or who is an individual with a disability. (2) FAMILY CAREGIVER.—The term ‘‘family caregiver’’ means 

an adult family member, or another individual, who is an informal provider of in-home and community care to an older individual or an individual with Alzheimer’s disease or a related 

disorder with neurological and organic brain dysfunction. (3) GRANDPARENT OR OLDER INDIVIDUAL WHO IS A RELATIVE

CAREGIVER.—The term ‘‘grandparent or older individual who is 

a relative caregiver’’ means a grandparent or stepgrandparent 

of a child, or a relative of a child by blood or marriage, who 

is ø60¿ 55 years of age or older and— (A) * * * 

* * * * * * * 

SEC. 373. PROGRAM AUTHORIZED. 

(a) * * * 

(b) SUPPORT SERVICES.—The services provided, in a State program under subsection (a), by an area agency on aging, or entity 

that such agency has contracted with, shall include—

(1) * * * 

* * * * * * * 

(3) individual counseling, organization of support groups, and 

caregiver training to øcaregivers to assist the caregivers in 

making decisions and solving problems relating to their 

caregiving roles;¿ assist the caregivers in addressing caregiver 

issues related to the areas of health, nutrition, and financial literacy, and in making decisions and solving problems relating 

to their caregiving roles; 

* * * * * * * 

ø(d) COORDINATION WITH SERVICE PROVIDERS.—In carrying out 

this subpart, each area agency on aging shall coordinate the activities of the agency, or entity that such agency has contracted with, 

with the activities of other community agencies and voluntary organizations providing the types of services described in subsection 

(b).¿ 


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

agency on aging shall encourage the use of trained volunteers to expand the available services described in subsection (b) and shall, if 

possible, coordinate with volunteer programs (including programs 

administered by the Corporation for National Service) designed to 

provide training, placement, and stipends for volunteers in community service settings. 

(e) QUALITY STANDARDS AND MECHANISMS AND ACCOUNT- ABILITY.—

(1) * * * 

* * * * * * * 

(3) REPORTS.—The State shall prepare and submit to the Assistant Secretary reports on the data and records required 

under paragraph (2), including information on the services 

funded under this subpart, and standards and mechanisms by 

which the quality of the services shall be assured. The reports 

shall describe any mechanisms used in the State to provide 

family caregivers of an older individual and relative caregivers 

of a child or an adult child with a disability, information about 

and access to various services so that caregivers can better carry 

out their care responsibilities. 

(f) CAREGIVER ALLOTMENT.—

(1) IN GENERAL.—

(A) From sums appropriated under section 303(e) for fiscal years ø2001 through 2005¿ 2007, 2008, 2009, 2010, 

and 2011, the Assistant Secretary shall allot amounts 

among the States proportionately based on the population 

of individuals 70 years of age or older in the States. 

* * * * * * * 

Subpart 2—National Innovation Programs 

* * * * * * * 

SEC. 376. ACTIVITIES OF NATIONAL SIGNIFICANCE. 

ø(a) IN GENERAL.—¿The Assistant Secretary øshall¿ may, directly or by grant or contract, carry out activities of national significance to promote quality and continuous improvement in the 

support provided to family and other informal caregivers of older 

individuals through øprogram¿ programs that include evaluation, 

training, technical assistance, and øresearch.¿ research, including—

(1) intergenerational programs, including supports for grandparents and other older relatives raising children (such as kinship navigator programs), and sustaining and replicating innovative intergenerational family support programs that involve 

senior volunteers; 

(2) programs providing support and information to families 

who have a child with a disability or chronic illness and to 

other families in need of such family support programs; 

(3) programs addressing unique issues faced by rural caregivers; 

(4) programs focusing on the needs of older persons with Alzheimer’s disease and related dementia and their caregivers; and 


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(5) programs supporting caregivers in the role they play in 

health promotion and disease prevention. 

ø(b) SUNSET PROVISION.—This section shall be effective for 3 fiscal years after the date of the enactment of the Older Americans 

Act Amendments of 2000.¿ 

* * * * * * * 

TITLE IV—ACTIVITIES FOR HEALTH, 

INDEPENDENCE AND LONGEVITY 

* * * * * * * 

PART A—GRANT PROGRAMS 

SEC. 411. PROGRAM AUTHORIZED. 

(a) IN GENERAL.—For the purpose of carrying out this section, 

the Assistant Secretary may make grants to and enter into contracts with States, public agencies, private nonprofit agencies, institutions of higher education, and organizations, including tribal 

organizations, for—

(1) * * * 

* * * * * * * 

(8) the training of graduate level professionals specializing in 

the mental health needs of older individuals; øand¿ 

(9) planning activities to prepare communities for the aging 

of the population, which include—

(A) efforts to assess the aging population; 

(B) activities to coordinate State and local agencies in 

order to meet the needs of older individuals; and 

(C) training and technical assistance to support States, 

area agencies on aging, and tribal organizations receiving 

a grant under title VI, engage in community planning activities; and 

(10) the development, implementation, and assessment of 

technology-based service models and best practices, to support 

the use of health monitoring and assessment technologies, communication devices, assistive technologies, and other technologies that may remotely connect family and professional 

caregivers to frail elderly residing in home- and communitybased settings or rural areas; and 

ø(9)¿ (11) any other activities that the Assistant Secretary 

determines will achieve the objectives of this section. 

(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated to carry out this section such sums as may be necessary for fiscal øyear 2001, and such sums as may be necessary 

for subsequent fiscal years¿ years 2007, 2008, 2009, 2010, and 

2011. 

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

ø(a) GRANTS.—The Assistant Secretary shall make grants to institutions of higher education, historically Black colleges or universities, Hispanic Centers of Excellence in Applied Gerontology, and 

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dents, to provide education and training to prepare students for careers in the field of aging.¿ 

(a) GRANTS.—The Assistant Secretary shall make grants to institutions of higher education, including historically Black colleges or 

universities, Hispanic serving institutions, and Hispanic Centers of 

Excellence in Applied Gerontology, to provide education and training that prepares students for careers in the field of aging. 

* * * * * * * 

SEC. 414. HEALTH CARE SERVICE DEMONSTRATION PROJECTS IN 

RURAL AREAS. 

(a) AUTHORITY.—The Assistant Secretary, after consultation with 

the State agency of the State involved, shall make grants to eligible 

public agencies and nonprofit private organizations to pay part or 

all of the cost of developing or operating model health care service 

projects (including related home health care services, adult day 

health care, mental health services, outreach, and transportation) 

through multipurpose senior centers that are located in rural areas 

and that provide nutrition services under section 331, to meet the 

health care needs of medically underserved older individuals residing in such areas. 

(b) ELIGIBILITY.—To be eligible to receive a grant under subsection (a), a public agency or nonprofit private organization shall 

submit to the Assistant Secretary an application containing such 

information and assurances as the Secretary may require, including—

(1) information describing the nature and extent of the applicant’s—

(A) * * * 

(B) coordination and cooperation with—

(i) institutions of higher education having graduate 

programs with capability in public health, mental 

health, the medical sciences, psychology, pharmacology, nursing, social work, health education, nutrition, or gerontology, for the purpose of designing and 

developing such project; and 

* * * * * * * 

SEC. 417. DEMONSTRATION PROJECTS FOR MULTIGENERATIONAL ACTIVITIES. 

(a) * * * 

* * * * * * * 

(c) PREFERENCE.—In awarding grants and entering into contracts 

under subsection (a), the Assistant Secretary shall give preference 

to—

(1) * * * 

(2) eligible organizations proposing projects that will serve 

older individuals with greatest economic need ø(with particular 

attention to low-income minority individuals and older individuals residing in rural areas)¿ (with particular attention to lowincome older individuals, including low-income minority older 

individuals, older individuals with limited English proficiency, 

and older individuals residing in rural areas). 

* * * * * * * 


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SEC. 418. NATIVE AMERICAN PROGRAMS. 

(a) ESTABLISHMENT.— (1) * * * 

(2) FUNCTIONS.— (A) * * * 

(B) AREAS OF CONCERN.—In conducting the functions described in subparagraph (A), a Resource Center shall focus 

on priority areas of concern for the Resource Centers regarding Native Americans who are older individuals, 

which areas shall be— (i) health problems (including mental health); 

* * * * * * * 

PART B—GENERAL PROVISIONS 

* * * * * * * 

SEC. 432. RESPONSIBILITIES OF ASSISTANT SECRETARY. 

(a) * * * 

* * * * * * * 

(c) EVALUATIONS.— (1) * * * 

(2) RESULTS.—The Assistant Secretary shall— (A) * * * 

(B) use such evaluation to improve services delivered, or 

the operation of projects and programs carried out, under 

this Act, including preparing an analysis of such services, 

projects, and programs, and of how the evaluation relates 

to improvements in such services, projects, and programs 

and in the strategic plan of the Administration. 

* * * * * * * 

øTITLE V—COMMUNITY SERVICE 

EMPLOYMENT FOR OLDER AMERICANS 

øSEC. 501. SHORT TITLE. 

øThis title may be cited as the ‘‘Older American Community 

Service Employment Act’’. 

øSEC. 502. OLDER AMERICAN COMMUNITY SERVICE EMPLOYMENT 

PROGRAM. 

ø(a)(1) In order to foster and promote useful part-time opportunities in community service activities for unemployed low-income persons who are 55 years or older and who have poor employment 

prospects, and in order to foster individual economic self-sufficiency 

and to increase the number of persons who may enjoy the benefits 

of unsubsidized employment in both the public and private sectors, 

the Secretary of Labor (hereafter in this title referred to as the 

‘‘Secretary’’) is authorized to establish an older American community service employment program. 

ø(2) Amounts appropriated to carry out this title shall be used 

only to carry out the provisions contained in this title. 

ø(b)(1) In order to carry out the provisions of this title, the Secretary is authorized to enter into agreements, subject to section 


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514, with State and national public and private nonprofit agencies 

and organizations, agencies of a State government or a political 

subdivision of a State (having elected or duly appointed governing 

officials), or a combination of such political subdivisions, or tribal 

organizations in order to further the purposes and goals of the program. Such agreements may include provisions for the payment of 

costs, as provided in subsection (c) of this section, of projects developed by such organizations and agencies in cooperation with the 

Secretary in order to make the program effective or to supplement 

the program. No payment shall be made by the Secretary toward 

the cost of any project established or administered by any organization or agency unless the Secretary determines that such project—

ø(A) will provide employment only for eligible individuals except for necessary technical, administrative, and supervisory 

personnel, but such personnel shall, to the fullest extent possible, be recruited from among eligible individuals; 

ø(B)(i) will provide employment for eligible individuals in the 

community in which such individuals reside, or in nearby communities; or 

ø(ii) if such project is carried out by a tribal organization 

that enters into an agreement under this subsection or receives 

assistance from a State that enters into such an agreement, 

will provide employment for such individuals, including those 

who are Indians residing on an Indian reservation, as the term 

is defined in section 2601(2) of the Energy Policy Act of 1992 

(25 U.S.C. 3501(2)); 

ø(C) will employ eligible individuals in service related to 

publicly owned and operated facilities and projects, or projects 

sponsored by organizations, other than political parties, exempt from taxation under the provisions of section 501(c)(3) of 

the Internal Revenue Code of 1986, except projects involving 

the construction, operation, or maintenance of any facility used 

or to be used as a place for sectarian religious instruction or 

worship; 

ø(D) will contribute to the general welfare of the community; 

ø(E) will provide employment for eligible individuals; 

ø(F)(i) will result in an increase in employment opportunities 

over those opportunities which would otherwise be available; 

ø(ii) will not result in the displacement of currently employed workers (including partial displacement, such as a reduction in the hours of nonovertime work or wages or employment benefits); and 

ø(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; 

ø(G) will not employ or continue to employ any eligible individual to perform work the same or substantially the same as 

that performed by any other person who is on layoff; 

ø(H) will utilize methods of recruitment and selection (including participating in a one-stop delivery system as established under section 134(c) of the Workforce Investment Act of 

1998 (29 U.S.C. 2864(c)) and listing of job vacancies with the 

employment agency operated by any State or political subdivision thereof ) which will assure that the maximum number of 


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eligible individuals will have an opportunity to participate in 

the project; 

ø(I) will include such 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; 

ø(J) will assure that safe and healthy conditions of work will 

be provided, and will assure that persons employed in community service and other jobs assisted under this title shall be 

paid wages which shall not be lower than whichever is the 

highest of— ø(i) the minimum wage which would be applicable to the 

employee under the Fair Labor Standards Act of 1938, if 

section 6(a)(1) of such Act applied to the participant and 

if the participant were not exempt under section 13 thereof; 

ø(ii) the State or local minimum wage for the most nearly comparable covered employment; or 

ø(iii) the prevailing rates of pay for persons employed in 

similar public occupations by the same employer; 

ø(K) will be established or administered with the advice of 

persons competent in the field of service in which employment 

is being provided, and of persons who are knowledgeable with 

regard to the needs of older persons; 

ø(L) will authorize pay for necessary transportation costs of 

eligible individuals which may be incurred in employment in 

any project funded under this title, in accordance with regulations promulgated by the Secretary; 

ø(M) will assure that, to the extent feasible, such project will 

serve the needs of minority, limited English-speaking, and Indian eligible individuals, and eligible individuals who have the 

greatest economic need, at least in proportion to their numbers 

in the State and take into consideration their rates of poverty 

and unemployment; 

ø(N)(i) will prepare an assessment of the participants’ skills 

and talents and their needs for services, except to the extent 

such project has, for the participant involved, recently prepared an assessment of such skills and talents, and such 

needs, pursuant to another employment or training program 

(such as a program under the Workforce Investment Act of 

1998 (29 U.S.C. 2801 et seq.), the Carl D. Perkins Vocational 

and Technical Education Act of 1998 (20 U.S.C. 2301 et seq.), 

or part A of title IV of the Social Security Act (42 U.S.C. 601 

et seq.)); 

ø(ii) will provide to eligible individuals training and employment counseling 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 

ø(iii) will provide counseling to participants on their progress 

in meeting such objectives and satisfying their need for supportive services; 

ø(O) will provide appropriate services for participants 

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tion 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)); 

ø(P) will post in such project workplace a notice, and will 

make available to each person associated with such project a 

written explanation, clarifying the law with respect to allowable and unallowable political activities under chapter 15 of 

title 5, United States Code, applicable to the project and to 

each category of individuals associated with such project and 

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; 

ø(Q) will provide to the Secretary the description and information described in paragraphs (8) and (14) of section 112(b) 

of the Workforce Investment Act of 1998; and 

ø(R) will ensure that entities carrying out activities under 

the project, including State offices, local offices, subgrantees, 

subcontractors, or other affiliates of such organization or agency shall receive an amount of the administration cost allocation 

that is sufficient for the administrative activities under the 

project to be carried out by such State office, local office, subgrantee, subcontractor, or other affiliate. 

ø(2) The Secretary is authorized to establish, issue, and amend 

such regulations as may be necessary to effectively carry out the 

provisions of this title. 

ø(3) The Secretary shall develop alternatives for innovative work 

modes and provide technical assistance in creating job opportunities through work sharing and other experimental methods to labor 

organizations, groups representing business and industry and 

workers as well as to individual employers, where appropriate. 

ø(4)(A) An assessment and service strategy provided for an eligible individual under this title 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 individual qualifies for intensive or training 

services described in section 134(d) of such Act (29 U.S.C. 2864(d)), 

in accordance with such Act. 

ø(B) An assessment and service strategy or individual employment plan provided for an adult participant under subtitle B of 

title I of the Workforce Investment Act of 1998 (29 U.S.C. 2811 et 

seq.) shall satisfy any condition for an assessment and service 

strategy for an eligible individual under this title. 

ø(c)(1) The Secretary is authorized to pay a share, but not to exceed 90 percent of the cost of any project which is the subject of 

an agreement entered into under subsection (b) of this section, except that the Secretary is authorized to pay all of the costs of any 

such project which is—

ø(A) an emergency or disaster project; or 

ø(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. 


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ø(2) The non-Federal share shall be in cash or in kind. In determining the amount of the non-Federal share, the Secretary is authorized to attribute fair market value to services and facilities 

contributed from non-Federal sources. 

ø(3) Of the amount for any project to be paid by the Secretary 

under this subsection, not more than 13.5 percent for any fiscal 

year shall be available for paying the costs of administration for 

such project, except that—

ø(A) whenever the Secretary determines that it is necessary 

to carry out the project assisted under this title, based on information submitted by the grantee with which the Secretary 

has an agreement under subsection (b), the Secretary may increase the amount available for paying the cost of administration to an amount not more than 15 percent of the cost of such 

project; and 

ø(B) whenever the grantee with which the Secretary has an 

agreement under subsection (b) demonstrates to the Secretary 

that—

ø(i) major administrative cost increases are being incurred in necessary program components, including liability insurance, payments for workers’ compensation, costs 

associated with achieving unsubsidized placement goals, 

and other operation requirements imposed by the Secretary; 

ø(ii) the number of employment positions in the project 

or the number of minority eligible individuals participating 

in the project will decline if the amount available for paying the cost of administration is not increased; or 

ø(iii) the size of the project is so small that the amount 

of administrative expenses incurred to carry out the 

project necessarily exceeds 13.5 percent of the amount for 

such project, 

the Secretary shall increase the amount available for the fiscal 

year for paying the cost of administration to an amount not 

more than 15 percent of the cost of such project. 

ø(4) The costs of administration are the costs, both personnel and 

non-personnel and both direct and indirect, associated with the following: 

ø(A) The costs of performing overall general administrative 

functions and providing for the coordination of functions, such 

as—

ø(i) accounting, budgeting, financial, and cash management functions; 

ø(ii) procurement and purchasing functions; 

ø(iii) property management functions; 

ø(iv) personnel management functions; 

ø(v) payroll functions; 

ø(vi) coordinating the resolution of findings arising from 

audits, reviews, investigations, and incident reports; 

ø(vii) audit functions; 

ø(viii) general legal services functions; and 

ø(ix) developing systems and procedures, including information systems, required for these administrative functions. 


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ø(B) The costs of performing oversight and monitoring responsibilities related to administrative functions. 

ø(C) The costs of goods and services required for administrative functions of the program, including goods and services 

such as rental or purchase of equipment, utilities, office supplies, postage, and rental and maintenance of office space. 

ø(D) The travel costs incurred for official business in carrying out administrative activities or overall management. 

ø(E) The costs of information systems related to administrative functions (for example, personnel, procurement, purchasing, property management, accounting, and payroll systems) including the purchase, systems development, and operating costs of such systems. 

ø(5) To the extent practicable, an entity that carries out a project 

under this title shall provide for the payment of the expenses described in paragraph (4) from non-Federal sources. 

ø(6)(A) Amounts made available for a project under this title that 

are not used to pay for the cost of administration shall be used to 

pay for the costs of programmatic activities, including— ø(i) enrollee wages and fringe benefits (including physical examinations); 

ø(ii) enrollee training, which may be provided prior to or subsequent to placement, including the payment of reasonable 

costs of instructors, classroom rental, training supplies, materials, equipment, and tuition, and which may be provided on 

the job, in a classroom setting, or pursuant to other appropriate arrangements; 

ø(iii) job placement assistance, including job development 

and job search assistance; 

ø(iv) enrollee supportive services to assist an enrollee to successfully participate in a project under this title, including the 

payment of reasonable costs of transportation, health care 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 followup services; and 

ø(v) outreach, recruitment and selection, intake, orientation, 

and assessments. 

ø(B) Not less than 75 percent of the funds made available 

through a grant made under this title shall be used to pay wages 

and benefits for older individuals who are employed under projects 

carried out under this title. 

ø(d) 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 programs under this title. 

ø(e)(1) The Secretary, in addition to any other authority contained in this title, shall conduct projects designed to assure second 

career training and the placement of eligible individuals in employment opportunities with private business concerns. The Secretary 


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shall enter into such agreements with States, public agencies, nonprofit private organizations, and private business concerns as may 

be necessary, to conduct the projects authorized by this subsection 

to assure that placement and training. The Secretary, from 

amounts reserved under section 506(a)(1) in any fiscal year, may 

pay all of the costs of any agreements entered into under the provisions of this subsection. The Secretary shall, to the extent feasible, 

assure equitable geographic distribution of projects authorized by 

this subsection. 

ø(2) The Secretary shall issue, and amend from time to time, criteria designed to assure that agreements entered into under paragraph (1) of this subsection— ø(A) will involve different kinds of work modes, such as flextime, job sharing, and other arrangements relating to reduced 

physical exertion; 

ø(B) will emphasize projects involving second careers and job 

placement and give consideration to placement in growth industries in jobs reflecting new technological skills; and 

ø(C) require the coordination of projects carried out under 

such agreements, with the programs carried out under title I 

of the Workforce Investment Act of 1998. 

ø(f ) The Secretary shall, on a regular basis, carry out evaluations 

of the activities authorized under this title, which may include but 

are not limited to projects described in subsection (e). 

øSEC. 503. ADMINISTRATION. 

ø(a) STATE SENIOR EMPLOYMENT SERVICES COORDINATION

PLAN.—

ø(1) GOVERNOR SUBMITS PLAN.—The Governor of each State 

shall submit annually to the Secretary a State Senior Employment Services Coordination Plan, containing such provisions as 

the Secretary may require, consistent with the provisions of 

this title, including a description of the process used to ensure 

the participation of individuals described in paragraph (2). 

ø(2) RECOMMENDATIONS.—In developing the State plan prior 

to its submission to the Secretary, the Governor shall obtain 

the advice and recommendations of— ø(A) individuals representing the State and 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.); 

ø(B) individuals representing public and private nonprofit agencies and organizations providing employment 

services, including each grantee operating a project under 

this title in the State; and 

ø(C) individuals representing social service organizations 

providing services to older individuals, grantees under title 

III of this Act, affected communities, underserved older individuals, community-based organizations serving the 

needs of older individuals, business organizations, and 

labor organizations. 

ø(3) COMMENTS.—Any State plan submitted by a Governor in accordance with paragraph (1) shall be accompanied by copies of public comments relating to the plan 

received pursuant to paragraph (4) and a summary thereof. 


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ø(4) PLAN PROVISIONS.—The State Senior Employment Services Coordination Plan shall identify and address— ø(A) the relationship that the number of eligible individuals in each area bears to the total number of eligible individuals, respectively, in that State; 

ø(B) the relative distribution of individuals residing in 

rural and urban areas within the State; 

ø(C) the relative distribution of— ø(i) eligible individuals who are individuals with 

greatest economic need; 

ø(ii) eligible individuals who are minority individuals; and 

ø(iii) eligible individuals who are individuals with 

greatest social need; 

ø(D) consideration of the employment situations and the 

type of skills possessed by local eligible individuals; 

ø(E) the localities and populations for which community 

service projects of the type authorized by this title are 

most needed; and 

ø(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. 

ø(5) GOVERNOR’S RECOMMENDATIONS ON GRANT PROPOSALS.— Prior to the submission to the Secretary of any proposal for a 

grant under this title for any fiscal year, the Governor of each 

State in which projects are proposed to be conducted under 

such grant shall be afforded a reasonable opportunity to submit recommendations to the Secretary— ø(A) regarding the anticipated effect of each such proposal upon the overall distribution of enrollment positions 

under this title within the State (including such distribution among urban and rural areas), taking into account the 

total number of positions to be provided by all grantees 

within the State; 

ø(B) any recommendations for redistribution of positions 

to underserved areas as vacancies occur in previously encumbered positions in other areas; and 

ø(C) in the case of any increase in funding that may be 

available for use within the State under this title for any 

fiscal year, any recommendations for distribution of newly 

available positions in excess of those available during the 

preceding year to underserved areas. 

ø(6) DISRUPTIONS.—In developing plans and considering recommendations under this subsection, disruptions in the provision of community service employment opportunities for current enrollees shall be avoided, to the greatest possible extent. 

ø(7) DETERMINATION; REVIEW.—

ø(A) DETERMINATION.—In order to effectively carry out 

the provisions of this title, each State shall make available 

for public comment its senior employment services coordination plan. The Secretary, in consultation with the Assistant Secretary, shall review the plan and public comments received on the plan, and make a written determination with findings and a decision regarding the plan. 


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ø(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 an agency of the State 

government, the distribution of projects and services under 

this title within the State including the distribution between urban and rural areas within the State. For each 

proposed reallocation of projects or services within a State, 

the Secretary shall give notice and opportunity for public 

comment. 

ø(8) EXEMPTION.—The grantees serving older American Indians under section 506(a)(3) will not be required to participate 

in the State planning processes described in this section but 

will collaborate with the Secretary to develop a plan for 

projects and services to older American Indians. 

ø(b)(1) The Secretary of Labor and the Assistant Secretary shall 

coordinate the programs under this title and the programs under 

other titles of this Act to increase job opportunities available to 

older individuals. 

ø(2) The Secretary shall coordinate the program assisted under 

this title with programs authorized under the Workforce Investment Act of 1998, the Community Services Block Grant Act, the 

Rehabilitation Act of 1973 (as amended by the Rehabilitation Act 

Amendments of 1998 (29 U.S.C. 701 et seq.)), the Carl D. Perkins 

Vocational and Technical Education Act of 1998 (20 U.S.C. 2301 et 

seq.), the National and Community Service Act of 1990 (42 U.S.C. 

12501 et seq.), and the Domestic Volunteer Service Act of 1973 (42 

U.S.C. 4950 et seq.). The Secretary shall coordinate the administration of this title with the administration of other titles of this Act 

by the Assistant Secretary to increase the likelihood that eligible 

individuals for whom employment opportunities under this title are 

available and who need services under such titles receive such 

services. Appropriations under this title shall 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 (as amended by the Rehabilitation Act Amendments of 1998), 

the Carl D. Perkins Vocational and Technical Education Act of 

1998, the National and Community Service Act of 1990, or the Domestic Volunteer Service Act of 1973. The preceding sentence shall 

not be construed to prohibit carrying out projects under this title 

jointly with programs, projects, or activities under any Act specified 

in such sentence, or from carrying out section 512. 

ø(3) The Secretary shall distribute to grantees under this title, 

for distribution to program enrollees, and at no cost to grantees or 

enrollees, informational materials developed and supplied by the 

Equal Employment Opportunity Commission and other appropriate 

Federal agencies which the Secretary determines are designed to 

help enrollees identify age discrimination and understand their 

rights under the Age Discrimination in Employment Act of 1967. 

ø(c) In carrying out the provisions of this title, the Secretary is 

authorized to use, with their consent, the services, equipment, personnel, and facilities of Federal and other agencies with or without 

reimbursement, and on a similar basis to cooperate with other public and private agencies and instrumentalities in the use of services, equipment, and facilities. 


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ø(d) Payments under this title may be made in advance or by 

way of reimbursement and in such installments as the Secretary 

may determine. 

ø(e) The Secretary shall not delegate any function of the Secretary under this title to any other department or agency of the 

Federal Government. 

ø(f )(1) The Secretary shall monitor projects receiving financial 

assistance under this title to determine whether the grantees are 

complying with the provisions of and regulations issued under this 

title, including compliance with the statewide planning, consultation, and coordination provisions under this title. 

ø(2) Each grantee receiving 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 receiving funds, as issued as circulars or rules 

of the Office of Management and Budget. 

ø(3) Each grantee described in paragraph (2) shall prepare and 

submit a report in such manner and containing such information 

as the Secretary may require regarding activities carried out under 

this title. 

ø(4) Each grantee described in paragraph (2) shall keep records 

that—

ø(A) are sufficient to permit the preparation of reports required pursuant to this title; 

ø(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 

ø(C) contain any other information that the Secretary determines to be appropriate. 

ø(g) The Secretary shall establish by regulation and implement 

a process to evaluate the performance of projects and services, pursuant to section 513, carried out under this title. The Secretary 

shall report to Congress and make available to the public the results of each such evaluation and use such evaluation to improve 

services delivered, or the operation of projects carried out under 

this title. 

øSEC. 504. PARTICIPANTS NOT FEDERAL EMPLOYEES. 

ø(a) Eligible individuals who are employed in any project funded 

under this title shall not be considered to be Federal employees as 

a result of such employment and shall not be subject to the provisions of part III of title 5, United States Code. 

ø(b) No contract shall be entered into under this title with a contractor who is, or whose employees are, under State law, exempted 

from operation of the State workmen’s compensation law, generally 

applicable to employees, unless the contractor shall undertake to 

provide either through insurance by a recognized carrier or by selfinsurance, as authorized by State law, that the persons employed 

under the contract shall enjoy workmen’s compensation coverage 

equal to that provided by law for covered employment. 

øSEC. 505. INTERAGENCY COOPERATION. 

ø(a) The Secretary shall consult with, and obtain the written 

views of, the Assistant Secretary for Aging in the Department of 

Health and Human Services prior to the establishment of rules or 


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the establishment of general policy in the administration of this 

title. 

ø(b) The Secretary shall consult and cooperate with the Director 

of the Office of Community Services, the Secretary of Health and 

Human Services, and the heads of other Federal agencies carrying 

out related programs, in order to achieve optimal coordination with 

such other programs. In carrying out the provisions of this section, 

the Secretary shall promote programs or projects of a similar nature. Each Federal agency shall cooperate with the Secretary in 

disseminating information relating to the availability of assistance 

under this title and in promoting the identification and interests of 

individuals eligible for employment in projects assisted under this 

title. 

ø(c)(1) The Secretary shall promote and coordinate carrying out 

projects under this title jointly with programs, projects, or activities 

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. 

ø(2) The Secretary shall consult with the Secretary of Education 

to promote and coordinate carrying out projects under this title 

jointly with workforce investment activities in which eligible individuals may participate that are carried out under the Carl D. Perkins Vocational and Technical Education Act of 1998. 

øSEC. 506. DISTRIBUTION OF ASSISTANCE. 

ø(a) RESERVATIONS.— ø(1) RESERVATION FOR PRIVATE EMPLOYMENT PROJECTS.— From sums appropriated under this title for each fiscal year, 

the Secretary shall first reserve not more than 1.5 percent of 

the total amount of such sums for the purpose of entering into 

agreements under section 502(e), relating to improved transition to private employment. 

ø(2) RESERVATION FOR TERRITORIES.—From sums appropriated under this title for each fiscal year, the Secretary shall 

reserve 0.75 percent of the total amount of such sums, of 

which—

ø(A) Guam, American Samoa, and the United States Virgin Islands shall each receive 30 percent; and 

ø(B) the Commonwealth of the Northern Mariana Islands shall receive 10 percent. 

ø(3) RESERVATION FOR ORGANIZATIONS.—The Secretary shall 

reserve such sums as may be necessary for national grants 

with public or nonprofit national Indian aging organizations 

with the ability to provide employment services to older Indians and with national public or nonprofit Pacific Island and 

Asian American aging organizations with the ability to provide 

employment to older Pacific Island and Asian Americans. 

ø(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). 

ø(c) DIVISION BETWEEN NATIONAL GRANTS AND GRANTS TO

STATES.—From the sums appropriated to carry out this title for 

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graphs (1), (2), and (3) of subsection (a), the Secretary shall divide 

the remainder between national grants and grants to States, as follows: 

ø(1) RESERVATION OF FUNDS FOR FISCAL YEAR 2000 LEVEL OF

ACTIVITIES.—The Secretary shall reserve the amounts necessary to maintain the fiscal year 2000 level of activities supported by public and private nonprofit agency and organization 

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. In any fiscal year for which the appropriations are insufficient to provide 

the full amounts so required, then such amounts shall be reduced proportionally. 

ø(2) FUNDING IN EXCESS OF FISCAL YEAR 2000 LEVEL OF AC- TIVITIES.—

ø(A) UP TO $35,000,000.—From the amounts remaining 

after the application of paragraph (1), the portion of such 

remaining amounts up to the sum of $35,000,000 shall be 

divided so that 75 percent shall be provided to State grantees and 25 percent shall be provided to public and private 

nonprofit agency and organization grantees that operate 

under this title under national grants from the Secretary. 

ø(B) OVER $35,000,000.—Any amounts remaining 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 public and private nonprofit agency 

and organization grantees that operate under this title 

under national grants from the Secretary. 

ø(d) ALLOTMENTS FOR NATIONAL GRANTS.—From the sums provided for national grants under subsection (c), the Secretary shall 

allot for public and private nonprofit 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 sums as the product of the number of persons aged 55 or 

over in the State and the allotment percentage of such State bears 

to the sum of the corresponding product for all States, except as 

follows: 

ø(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 private nonprofit agency and organization grantees that operate 

under this title under national grants from the Secretary in all 

of the States. 

ø(2) HOLD HARMLESS.—If the amount provided under subsection (c) is—

ø(A) equal to or less than the amount necessary to maintain the fiscal year 2000 level of activities, allotments for 

public and private nonprofit agency and organization 

grantees that operate under this title under national 

grants from the Secretary in each State shall be proportional to their fiscal year 2000 level of activities; or 

ø(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 fiscal year 2000 


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level of activities for public and private nonprofit agency 

and organization grantees that operate under this title 

under national grants from the Secretary in the State that 

is less than 30 percent of such percentage increase above 

the fiscal year 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. 

ø(3) REDUCTION.—Allotments for States not affected by paragraphs (1) and (2)(B) of this subsection shall be reduced proportionally to satisfy the conditions in such paragraphs. 

ø(e) ALLOTMENTS FOR GRANTS TO STATES.—From the sums 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 sums as the product of the number of persons 

aged 55 or over in the State and the allotment percentage of such 

State bears to the sum of the corresponding product for all States, 

except as follows: 

ø(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. 

ø(2) HOLD HARMLESS.—If the amount provided under subsection (c) is— ø(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 their 

fiscal year 2000 level of activities; or 

ø(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 fiscal year 2000 

level of activities for State grantees in the State that is 

less than 30 percent of such percentage increase above the 

fiscal year 2000 level of activities for State grantees in all 

of the States. 

ø(3) REDUCTION.—Allotments for States not affected by paragraphs (1) and (2)(B) of this subsection shall be reduced proportionally to satisfy the conditions in such paragraphs. 

ø(f ) ALLOTMENT PERCENTAGE.—For the purposes of subsections 

(d) and (e)— ø(1) the allotment percentage of each State shall be 100 percent less that percentage which 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 in no case be more than 75 percent or 

less than 33 percent; and (B) the allotment percentage for the 

District of Columbia and the Commonwealth of Puerto Rico 

shall be 75 percent; 

ø(2) the number of persons aged 55 or over 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 

ø(3) for the purpose of determining the allotment percentage, 

the term ‘‘United States’’ means the 50 States and the District 

of Columbia. 


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ø(g) DEFINITIONS.—In this section: 

ø(1) COST PER AUTHORIZED POSITION.—The term ‘‘cost per authorized position’’ means the sum of—

ø(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)) (as amended), multiplied by the number of hours 

equal to the product of 21 hours and 52 weeks; 

ø(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 

ø(C) an amount determined by the Secretary, for the 

purpose of covering Federal payments for the remainder of 

all other program and administrative costs. 

ø(2) FISCAL YEAR 2000 LEVEL OF ACTIVITIES.—The term ‘‘fiscal 

year 2000 level of activities’’ means—

ø(A) with respect to public and private nonprofit agency 

and organization grantees that operate under this title 

under national grants from the Secretary, their level of activities for fiscal year 2000, or the amount remaining after 

the application of section 514(e); and 

ø(B) with respect to State grantees, their level of activities for fiscal year 2000, or the amount remaining after the 

application of section 514(f ). 

ø(3) GRANTS TO STATES.—The term ‘‘grants to States’’ means 

grants under this title to the States from the Secretary. 

ø(4) LEVEL OF ACTIVITIES.—The term ‘‘level of activities’’

means the number of authorized positions multiplied by the 

cost per authorized position. 

ø(5) NATIONAL GRANTS.—The term ‘‘national grants’’ means 

grants to public and private nonprofit agency and organization 

grantees that operate under this title under national grants 

from the Secretary. 

ø(6) STATE.—The term ‘‘State’’ does not include Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the United States Virgin Islands. 

øSEC. 507. EQUITABLE DISTRIBUTION. 

ø(a) INTERSTATE ALLOCATION.—The Secretary, in awarding 

grants and contracts under section 506, shall, to the extent feasible, assure an equitable distribution of activities under such 

grants and contracts, in the aggregate, among the States, taking 

into account the needs of underserved States. 

ø(b) INTRASTATE ALLOCATION.—The amount allocated for projects 

within each State under section 506 shall be allocated among areas 

within the State in an equitable manner, taking into consideration 

the State priorities set out in the State plan pursuant to section 

503(a). 

øSEC. 508. REPORT. 

øIn order to carry out the Secretary’s responsibilities for reporting in section 503(g), the Secretary shall require the State agency 

for each State receiving 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 


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title and carried out in the State and the amount allocated to each 

such project under section 506. 

øSEC. 509. EMPLOYMENT ASSISTANCE AND FEDERAL HOUSING AND 

FOOD STAMP PROGRAMS. 

øFunds received by eligible individuals from projects carried out 

under the program established in this title shall not be considered 

to be income of such individuals for purposes of determining the 

eligibility of such individuals, or of any other persons, 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. 

øSEC. 510. ELIGIBILITY FOR WORKFORCE INVESTMENT ACTIVITIES. 

øEligible individuals under this title may be deemed by local 

workforce investment boards established under title I of the Workforce Investment Act of 1998 to satisfy the requirements for receiving services under such title that are applicable to adults. 

øSEC. 511. TREATMENT OF ASSISTANCE. 

øAssistance furnished under this title shall not be construed 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)). 

øSEC. 512. COORDINATION WITH THE WORKFORCE INVESTMENT ACT 

OF 1998. 

ø(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. 

ø(b) COORDINATION.—In local workforce investment areas where 

more than one grantee under this title provides services, the grantees shall coordinate their activities related to the one-stop delivery 

system, and grantees shall be signatories of the memorandum of 

understanding established under section 121(c) of the Workforce 

Investment Act of 1998 (29 U.S.C. 2841(c)). 

øSEC. 513. PERFORMANCE. 

ø(a) MEASURES.—

ø(1) ESTABLISHMENT OF MEASURES.—The Secretary shall establish, in consultation with grantees, subgrantees±, and host 

agencies under this title, States, older individuals, area agencies on aging, and other organizations serving older individuals, performance measures for each grantee for projects and 

services carried out under this title. 

ø(2) CONTENT.—

ø(A) COMPOSITION OF MEASURES.—The performance 

measures as established by the Secretary and described in 

paragraph (1) shall consist of indicators of performance 

and levels of performance applicable to each indicator. The 

measures shall be designed to promote continuous improvement in performance. 

ø(B) ADJUSTMENT.—The levels of performance described 

in subparagraph (A) applicable to a grantee shall be adjusted only with respect to the following factors: 


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ø(i) High rates of unemployment, poverty, or welfare 

recipiency in the areas served by a grantee, relative to 

other areas of the State or Nation. 

ø(ii) Significant downturns in the areas served by 

the grantee or in the national economy. 

ø(iii) Significant numbers or proportions of enrollees 

with one or more barriers to employment served by a 

grantee relative to grantees serving other areas of the 

State or Nation. 

ø(C) PLACEMENT.—For all grantees, the Secretary shall 

establish a measure of performance of not less than 20 

percent (adjusted in accordance with subparagraph (B)) for 

placement of enrollees into unsubsidized public or private 

employment as defined in subsection (c)(2). 

ø(3) PERFORMANCE EVALUATION OF PUBLIC OR PRIVATE NON- PROFIT AGENCIES AND ORGANIZATIONS.—The Secretary shall annually establish national performance measures for each public 

or private nonprofit agency or organization that is a grantee 

under this title, which shall be applicable to the grantee without regard to whether such grantee operates the program directly or through contracts, grants, or agreements with other 

entities. The performance of the grantees with respect to such 

measures shall be evaluated in accordance with section 

514(e)(1) regarding performance of the grantees on a national 

basis, and in accordance with section 514(e)(3) regarding the 

performance of the grantees in each State. 

ø(4) PERFORMANCE EVALUATION OF STATES.—The Secretary 

shall annually establish performance measures for each State 

that is a grantee under this title, which shall be applicable to 

the State grantee without regard to whether such grantee operates the program directly or through contracts, grants, or 

agreements with other entities. The performance of the State 

grantees with respect to such measures shall be evaluated in 

accordance with section 514(f ). 

ø(5) LIMITATION.—An agreement to be evaluated on the performance measures shall be a requirement for application for, 

and a condition of, all grants authorized by this title. 

ø(b) REQUIRED INDICATORS.—The indicators described in subsection (a) shall include— ø(1) the number of persons served, with particular consideration given to individuals with greatest economic need, greatest social need, or poor employment history or prospects, and 

individuals who are over the age of 60; 

ø(2) community services provided; 

ø(3) placement into and retention in unsubsidized public or 

private employment; 

ø(4) satisfaction of the enrollees, employers, and their host 

agencies with their experiences and the services provided; and 

ø(5) any additional indicators of performance that the Secretary determines to be appropriate to evaluate services and 

performance. 

ø(c) DEFINITIONS OF INDICATORS.— ø(1) IN GENERAL.—The Secretary, after consultation with national and State grantees, representatives of business and 

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tion, issue definitions of the indicators of performance described in subsection (b). 

ø(2) DEFINITIONS OF CERTAIN TERMS.—In this section: 

ø(A) PLACEMENT INTO PUBLIC OR PRIVATE UNSUBSIDIZED

EMPLOYMENT.—The term ‘‘placement into public or private 

unsubsidized employment’’ means full- or part-time paid 

employment in the public or private sector by an enrollee 

under this title for 30 days within a 90-day period without 

the use of funds under this title or any other Federal or 

State employment subsidy program, or the equivalent of 

such employment as measured by the earnings of an enrollee through the use of wage records or other appropriate 

methods. 

ø(B) RETENTION IN PUBLIC OR PRIVATE UNSUBSIDIZED EMPLOYMENT.—The term ‘‘retention in public or private unsubsidized employment’’ means full- or part-time paid employment in the public or private sector by an enrollee 

under this title for 6 months after the starting date of 

placement into unsubsidized employment without the use 

of funds under this title or any other Federal or State employment subsidy program. 

ø(d) CORRECTIVE EFFORTS.—A State or other grantee that does 

not achieve the established levels of performance on the performance measures shall submit to the Secretary, for approval, a plan 

of correction as described in subsection (e) or (f ) of section 514 to 

achieve the established levels of performance. 

øSEC. 514. COMPETITIVE REQUIREMENTS RELATING TO GRANT 

AWARDS. 

ø(a) PROGRAM AUTHORIZED.—In accordance with section 502(b), 

the Secretary shall award grants to eligible applicants to carry out 

projects under this title for a period of 1 year, except that, after the 

promulgation of regulations for this title and the establishment of 

the performance measures required by section 513(a), the Secretary 

shall award grants for a period of not to exceed 3 years. 

ø(b) ELIGIBLE APPLICANTS.—An applicant shall be eligible to receive a grant under subsection (a) in accordance with section 

502(b)(1), and subsections (c) and (d). 

ø(c) CRITERIA.—The Secretary shall select the eligible applicants 

to receive grants under subsection (a) based on the following: 

ø(1) The applicant’s ability to administer a program that 

serves the greatest number of eligible individuals, giving particular consideration to individuals with greatest economic 

need, greatest social need, poor employment history or prospects, and over the age of 60. 

ø(2) The applicant’s ability to administer a program that provides employment for eligible individuals in the communities 

in which such individuals reside, or in nearby communities, 

that will contribute to the general welfare of the community. 

ø(3) The applicant’s ability to administer a program that 

moves eligible individuals into unsubsidized employment. 

ø(4) The applicant’s ability to move individuals with multiple 

barriers to employment into unsubsidized employment. 

ø(5) The applicant’s ability to coordinate with other organizations at the State and local level. 


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ø(6) The applicant’s plan for fiscal management of the program to be administered with funds received under this section. 

ø(7) Any additional criteria that the Secretary deems appropriate in order to minimize disruption for current enrollees. 

ø(d) RESPONSIBILITY TESTS.—

ø(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. 

ø(2) REVIEW.—As part of the review described in paragraph 

(1), the Secretary may consider any information, including the 

organization’s history with regard to the management of other 

grants. 

ø(3) FAILURE TO SATISFY TEST.—The failure to satisfy any 

one responsibility test that is listed in paragraph (4), except for 

those listed in subparagraphs (A) and (B) of such paragraph, 

does not establish that the organization is not responsible unless such failure is substantial or persistent (for 2 or more consecutive years). 

ø(4) TEST.—The responsibility tests include review of the following factors: 

ø(A) Efforts by the organization to recover debts, after 

three demand letters have been sent, that are established 

by final agency action and have been unsuccessful, or that 

there has been failure to comply with an approved repayment plan. 

ø(B) Established fraud or criminal activity of a significant nature within the organization. 

ø(C) Serious administrative deficiencies identified by the 

Secretary, such as failure to maintain a financial management system as required by Federal regulations. 

ø(D) Willful obstruction of the audit process. 

ø(E) Failure to provide services to applicants as agreed 

to in a current or recent grant or to meet applicable performance measures. 

ø(F) Failure to correct deficiencies brought to the grantee’s attention in writing as a result of monitoring activities, reviews, assessments, or other activities. 

ø(G) Failure to return a grant closeout package or outstanding advances within 90 days of the grant expiration 

date or receipt of closeout package, whichever is later, unless an extension has been requested and granted. 

ø(H) Failure to submit required reports. 

ø(I) Failure to properly report and dispose of Government property as instructed by the Secretary. 

ø(J) Failure to have maintained effective cash management or cost controls resulting in excess cash on hand. 

ø(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. 

ø(L) Failure to audit a subrecipient within the required 

period. 


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ø(M) Final disallowed costs in excess of 5 percent of the 

grant or contract award if, in the judgment of the grant officer, the disallowances are egregious findings. 

ø(N) Failure to establish a mechanism to resolve a subrecipient’s audit in a timely fashion. 

ø(5) DETERMINATION.—Applicants that are determined to be 

not responsible shall not be selected as grantees. 

ø(6) DISALLOWED COSTS.—Interest on disallowed costs shall 

accrue in accordance with the Debt Collection Improvement 

Act of 1996. 

ø(e) NATIONAL PERFORMANCE MEASURES AND COMPETITION FOR

PUBLIC AND PRIVATE NONPROFIT AGENCIES AND ORGANIZATIONS.— ø(1) IN GENERAL.—Not later than 120 days after the end of 

each program year, the Secretary shall determine if each public or private nonprofit agency or organization that is a grantee 

has met the national performance measures established pursuant to section 513(a)(3). 

ø(2) TECHNICAL ASSISTANCE AND CORRECTIVE ACTION PLAN.— ø(A) IN GENERAL.—If the Secretary determines that a 

grantee fails to meet the national performance measures 

for a program year, the Secretary shall provide technical 

assistance and require such organization to submit a corrective action plan not later than 160 days after the end 

of the program year. 

ø(B) CONTENT.—The plan submitted under subparagraph (A) shall detail the steps the grantee will take to 

meet the national performance measures in the next program year. 

ø(C) AFTER SECOND YEAR OF FAILURE.—If a grantee fails 

to meet the national performance measures for a second 

consecutive program year, the Secretary shall conduct a 

national competition to award, for the first full program 

year following the determination (minimizing, to the extent possible, the disruption of services provided to enrollees), an amount equal to 25 percent of the funds awarded 

to the grantee for such year. 

ø(D) COMPETITION AFTER THIRD CONSECUTIVE YEAR OF

FAILURE.—If a grantee fails to meet the national performance measures for a third consecutive program year, the 

Secretary shall conduct a national competition to award 

the amount of the grant remaining after deduction of the 

portion specified in subparagraph (C) for the first full program year following the determination. The eligible applicant that receives the grant through the national competition shall continue service to the geographic areas formerly 

served by the grantee that previously received the grant. 

ø(3) COMPETITION REQUIREMENTS FOR PUBLIC AND PRIVATE

NONPROFIT AGENCIES AND ORGANIZATIONS IN A STATE.—

ø(A) IN GENERAL.—In addition to the actions required 

under paragraph (2), the Secretary shall take corrective 

action if the Secretary determines at the end of any program year that, despite meeting the established national 

performance measures, a public or private nonprofit agency or organization that is a grantee has attained levels of 

performance 20 percent or more below the national perVerDate Aug 31 2005 01:59 Jun 12, 2006 Jkt 049006 PO 00000 Frm 00132 Fmt 6659 Sfmt 6602 E:\HR\OC\HR493.XXX HR493

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formance measures with respect to the project carried out 

in a State and has failed to meet the performance measures as established by the Secretary for the State grantee 

in such State, and there are not factors, such as the factors 

described in section 513(a)(2)(B), or size of the project, that 

justify the performance. 

ø(B) FIRST YEAR OF FAILURE.—After the first program 

year of failure to meet the performance criteria described 

in subparagraph (A), the Secretary shall require a corrective action plan, and may require the transfer of the responsibility for the project to other grantees, provide technical assistance, and take other appropriate actions. 

ø(C) SECOND YEAR OF FAILURE.—After the second consecutive program year of failure to meet the performance 

criteria described in subparagraph (A), the corrective actions to be taken by the Secretary may include the transfer 

of the responsibility for a portion or all of the project to a 

State or public or private nonprofit agency or organization, 

or a competition for a portion or all of the funds to carry 

out such project among all eligible entities that meet the 

responsibility tests under section 514(d) except for the 

grantee that is the subject of the corrective action. 

ø(D) THIRD YEAR OF FAILURE.—After the third consecutive program year of failure to meet the performance criteria described in subparagraph (A), the Secretary shall 

conduct a competition for the funds to carry out such 

project among all eligible entities that meet the responsibility tests under section 514(d) except for the grantee that 

is the subject of the corrective action. 

ø(4) REQUEST BY GOVERNOR.—Upon the request of the Governor of a State for a review of the performance of a public or 

private nonprofit agency or organization within the State, the 

Secretary shall undertake such a review in accordance with the 

criteria described in paragraph (3)(A). If the performance of 

such grantee is not justified under such criteria, the Secretary 

shall take corrective action in accordance with paragraph (3). 

ø(f ) PERFORMANCE MEASURES AND COMPETITION FOR STATES.— ø(1) IN GENERAL.—Not later than 120 days after the end of 

the program year, the Secretary shall determine if a State 

grantee has met the performance measures established pursuant to section 513(a)(4). 

ø(2) TECHNICAL ASSISTANCE AND CORRECTIVE ACTION PLAN.—

If a State that receives a grant fails to meet the performance 

measures for a program year, the Secretary shall provide technical assistance and require the State to submit a corrective 

action plan not later than 160 days after the end of the program year. 

ø(3) CONTENT.—The plan described in paragraph (2) shall 

detail the steps the State will take to meet the standards. 

ø(4) FAILURE TO MEET PERFORMANCE MEASURES FOR SECOND

AND THIRD YEARS.—

ø(A) AFTER SECOND YEAR OF FAILURE.—If a State fails to 

meet the performance measures for a second consecutive 

program year, the Secretary shall provide for the conduct 

by the State of a competition to award, for the first full 


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program year following the determination (minimizing, to 

the extent possible, the disruption of services provided to 

enrollees), an amount equal to 25 percent of the funds 

available to the State for such year. 

ø(B) AFTER THIRD YEAR OF FAILURE.—If the State fails to 

meet the performance measures for a third consecutive 

program year, the Secretary shall provide for the conduct 

by the State of a competition to award the funds allocated 

to the State for the first full program year following the 

Secretary’s determination that the State has not met the 

performance measures. 

øSEC. 515. AUTHORIZATION OF APPROPRIATIONS. 

ø(a) There is authorized to be appropriated to carry out this 

title—

ø(1) $475,000,000 for fiscal year 2001 and such sums as may 

be necessary for fiscal year 2002 through 2005; and 

ø(2) such additional sums as may be necessary for each such 

fiscal year to enable the Secretary, through programs under 

this title, to provide for at least 70,000 part-time employment 

positions for eligible individuals. 

For purposes of paragraph (2), ‘‘part-time employment position’’

means an employment position within a workweek of at least 20 

hours. 

ø(b) Amounts appropriated under this section for any fiscal year 

shall be available for obligation during the annual period which begins on July 1 of the calendar year immediately following the beginning of such fiscal year and which 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 receiving 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. 

ø(c) At the end of the program year, the Secretary may recapture 

any unexpended funds for the program year, and reobligate such 

funds within the 2 succeeding program years for—

ø(1) incentive grants; 

ø(2) technical assistance; or 

ø(3) grants or contracts for any other program under this 

title. 

øSEC. 516. DEFINITIONS. 

øIn this title: 

ø(1) COMMUNITY SERVICE.—The term ‘‘community service’’

means social, health, welfare, and educational services (including literacy tutoring), legal and other counseling services and 

assistance, including tax counseling and assistance and financial counseling, and library, recreational, and other similar 

services; conservation, maintenance, or restoration of natural 

resources; community betterment or beautification; antipollution and environmental quality efforts; weatherization activities; economic development; and such other services essential 

and necessary to the community as the Secretary, by regulation, may prescribe. 

ø(2) ELIGIBLE INDIVIDUALS.—The term ‘‘eligible individuals’’ means an individual who is 55 years old or older, who has a 


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low income (including any such individual whose income is not 

more than 125 percent of the poverty guidelines established by 

the Office of Management and Budget), except that, pursuant 

to regulations prescribed by the Secretary, any such individual 

who is 60 years old or older shall have priority for the work 

opportunities provided for under this title. 

ø(3) 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. 

ø(4) PROGRAM.—The term ‘‘program’’ means the older American community service employment program established 

under this title.¿ 

TITLE V—COMMUNITY SERVICE EMPLOYMENT-BASED TRAINING FOR 

OLDER AMERICANS 

SEC. 501. SHORT TITLE. 

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

SEC. 502. OLDER AMERICAN COMMUNITY SERVICE EMPLOYMENTBASED TRAINING PROGRAM. 

(a) To foster individual economic self-sufficiency and to increase 

the number of individuals who may enjoy the benefits of unsubsidized employment in both the public and private sectors, the Secretary of Labor (hereafter in this title referred to as the ‘‘Secretary’’) 

may establish an older American community service employmentbased training program to foster and promote useful part-time public and private-sector employment-based training opportunities for 

unemployed low-income eligible individuals who have poor employment prospects and to provide vital social and human services to 

communities by providing work experience to eligible individuals in 

public agencies, community-based and faith-based organizations. 

(b)(1) To carry out this title, the Secretary may make grants to 

public and nonprofit agencies and organizations, agencies of a 

State, and tribal organizations to carry out the program established 

under subsection (a). Such grants may provide for the payment of 

costs, as provided in subsection (c), of projects developed by such organizations and agencies in cooperation with the Secretary in order 

to make such program effective or to supplement such program. No 

payment shall be made by the Secretary toward the cost of any 

project established or administered by any organization or agency 

unless the Secretary determines that such project—

(A) shall provide authorized activities only for eligible individuals, and that not less than 50 percent of hours worked (in 

the aggregate) shall be in community service employment-based 

training provided by a grantee in a program year; 

(B)(i) shall provide authorized activities for eligible individuals in the community in which such individuals reside, or in 

nearby communities, and that not less than 50 percent of hours 

worked (in the aggregate) shall be in community service employVerDate Aug 31 2005 01:59 Jun 12, 2006 Jkt 049006 PO 00000 Frm 00135 Fmt 6659 Sfmt 6603 E:\HR\OC\HR493.XXX HR493

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ment-based training provided by a grantee in a program year; 

or 

(ii) if such project is carried out by a tribal organization that 

receives a grant under this subsection or receives assistance 

from a State that receives a grant under this subsection, will 

provide authorized activities, including community service employment-based training for such individuals, including those 

who are Indians residing on an Indian reservation, as defined 

in section 2601(2) of the Energy Policy Act of 1992 (25 U.S.C. 

3501(2)); 

(C) together with all the projects carried out under this title 

in each program year by a grantee, will not provide for participation under this title by eligible individuals (in the aggregate) 

for an average period per capita that exceeds 24 months (whether or not consecutive) during the period including the program 

year for which the determination under this subparagraph is 

made and the previous program years in which such grantee 

carried out projects under this title; 

(D) will provide employment-based training to eligible individuals in service related to publicly owned and operated facilities and projects, or projects sponsored by profitmaking or nonprofit organizations (excluding political parties exempt from 

taxation under section 501(c)(3) of the Internal Revenue Code of 

1986), but excluding projects involving the construction, operation, or maintenance of any facility used or to be used as a 

place for sectarian religious instruction or worship; 

(E) will contribute to the general welfare of the community, 

which may include support for children, youth, and families; 

(F) is intended to result in unsubsidized employment for eligible individuals after completion of such program; 

(G)(i) will not reduce the number of job opportunities or vacancies that would otherwise be available to individuals not 

participating in such program; 

(ii) will not displace currently employed workers (including 

partial displacement, such as a reduction in the hours of 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 place an eligible individual in employment-based 

training to perform work the same or substantially the same 

work as that performed by any other individual who is on layoff; 

(H) will coordinate with training and other services provided 

under title I of the Workforce Investment Act, including utilizing the One-Stop delivery system to recruit eligible individuals to ensure that the maximum number of eligible individuals 

will have an opportunity to participate in the project; 

(I) will include such training (such as community service employment-based training, work experience, on-the-job training, 

and classroom training) as may be necessary to make the most 

effective use of the skills and talents of those individuals who 

are participating; 

(J) will ensure that safe and healthy conditions of the employment-based training facility or other training facility will be 


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provided, and will ensure that individuals employed in community service and other jobs assisted under this title shall be paid 

wages that shall not be lower than whichever is the highest of— (i) the minimum wage that would be applicable to the 

employee under the Fair Labor Standards Act of 1938, if 

section 6(a)(1) of such Act applied to the participant and if 

the participant were not exempt under section 13 thereof; 

(ii) the State or local minimum wage for the most nearly 

comparable covered employment; or 

(iii) the prevailing rates of pay for individuals employed 

in similar occupations by the same employer; 

(K) will be established or administered with the advice of persons competent in the field of service in which job training is 

being provided, and of persons who are knowledgeable about 

the needs of older individuals; 

(L) will authorize payment for necessary supportive services 

costs, (including transportation costs) of eligible individuals 

that may be incurred in training in any project funded under 

this title, in accordance with rules issued by the Secretary; 

(M) will ensure that, to the extent feasible, such project will 

serve the needs of minority, limited English-speaking, and Indian eligible individuals, and eligible individuals who have the 

greatest economic need, at least in proportion to their numbers 

in the State and take into consideration their rates of poverty 

and unemployment; 

(N)(i) will prepare an assessment of the participants’ skills 

and talents and their needs for services, except to the extent 

such project has, for the participant involved, recently prepared 

an assessment of such skills and talents, and such needs, pursuant to another employment or training program (such as a 

program under the Workforce Investment Act of 1998 (29 U.S.C. 

2801 et seq.), the Carl D. Perkins Vocational and Technical 

Education Act of 1998 (20 U.S.C. 2301 et seq.), or part A of title 

IV of the Social Security Act (42 U.S.C. 601 et seq.)); 

(ii) will provide training and employment counseling to eligible individuals based on strategies that identify appropriate 

employment objectives and the need for supportive services, developed as a result of the assessment and service strategy provided for in clause (i), and provide other appropriate information regarding such program; and 

(iii) will provide counseling to participants on their progress 

in meeting such objectives and satisfying their need for supportive services; 

(O) will provide appropriate services for participants through 

the One-Stop delivery system as established under section 134(c) 

of the Workforce Investment Act of 1998 (29 U.S.C. 2864(c)), 

and will be involved in the planning and operations of such 

system pursuant to a memorandum of understanding with the 

local workforce investment board in accordance with section 

121(c) of such Act (29 U.S.C. 2841(c)); 

(P) will post in such project workplace a notice, and will 

make available to each person associated with such project a 

written explanation—

(i) clarifying the law with respect to political activities allowable and unallowable under chapter 15 of title 5, 


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United States Code, applicable to the project and to each 

category of individuals associated with such project; and 

(ii) containing the address and telephone number of the 

Inspector General of the Department of Labor, to whom 

questions regarding the application of such chapter may be 

addressed; 

(Q) will provide to the Secretary the description and information described in— (i) paragraph (8), relating to coordination with other 

Federal programs, of section 112(b) of the Workforce and 

Investment Act of 1998; and 

(ii) paragraph (14), relating to implementation of OneStop delivery systems, of section 112(b) of the Workforce Investment Act of 1998; and 

(R) will ensure that entities that carry out activities under the 

project (including State agencies, local entities, subgrantees, 

subcontractors) and affiliates of such entities receive an amount 

of the administrative cost allocation determined by the Secretary to be sufficient. 

(2) The Secretary may establish, issue, and amend such regulations as may be necessary to effectively carry out this title. 

(3)(A) An assessment and service strategy required by paragraph 

(1) to be prepared for an eligible individual shall satisfy any condition for an assessment and service strategy or individual employment plan for an adult participant under subtitle B of title I of the 

Workforce Investment Act of 1998 (29 U.S.C. 2811 et seq.), in order 

to determine whether such eligible individual also qualifies for intensive or training services described in section 134(d) of such Act 

(29 U.S.C. 2864(d)). 

(B) An assessment and service strategy or individual employment 

plan prepared under subtitle B of title I of the Workforce Investment 

Act of 1998 (29 U.S.C. 2811 et seq.) for an eligible individual may 

be used to comply with the requirement specified in subparagraph 

(A). 

(c)(1) The Secretary may pay a share not to exceed 90 percent of 

the cost of any project for which a grant is made under subsection 

(b), except that the Secretary may pay all of such cost if such project 

is—

(A) an emergency or disaster project; or 

(B) a project located in an economically depressed area, as 

determined by the Secretary in consultation with the Secretary 

of Commerce and the Secretary of Health and Human Services. 

(2) The non-Federal share shall be in cash or in kind. In determining the amount of the non-Federal share, the Secretary may attribute fair market value to services and facilities contributed from 

non-Federal sources. 

(3) Of the amount to be paid under this subsection by the Secretary for a project, not to exceed 13.5 percent shall be available for 

any fiscal year to pay the administrative costs of such project, except 

that—

(A) the Secretary may increase the amount available to pay 

administrative costs to an amount not to exceed 15 percent of 

the cost of such project if the Secretary determines, based on information submitted by the grantee under subsection (b), that 

such increase is necessary to carry out such project; and 


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(B) if the grantee under subsection (b) demonstrates to the 

Secretary that— (i) major administrative cost increases are being incurred 

in necessary program components, including liability insurance, payments for workers’ compensation, costs associated 

with achieving unsubsidized placement goals, and other operation requirements imposed by the Secretary; 

(ii) the number of positions in the project or the number 

of minority eligible individuals participating in the project 

will decline if the amount available to pay administrative 

costs is not increased; or 

(iii) the size of the project is so small that the amount of 

administrative costs incurred to carry out the project necessarily exceeds 13.5 percent of the cost of such project; 

the Secretary shall increase the amount available for such fiscal 

year to pay administrative costs to an amount not to exceed 15 

percent of the cost of such project. 

(4) Administrative costs are the costs, both personnel and non-personnel and both direct and indirect, associated with the following: 

(A) The costs of performing general administrative functions 

and of providing for the coordination of functions, such as— (i) accounting, budgeting, financial, cash management 

and related data processing; 

(ii) quality assurance; 

(iii) preparing program plans; 

(iv) procurement and purchasing; 

(v) property management; 

(vi) personnel management, including personnel administration, administration of affirmative action plans, and 

training and staff development; 

(vii) administrative salaries, including clerical and other 

support staff salaries; 

(viii) payroll functions; 

(ix) coordinating the resolution of findings arising from 

audits, reviews, investigations, and incident reports; 

(x) audit; 

(xi) general legal services; 

(xii) developing systems and procedures, including information systems, required for administrative functions; 

(xiii) preparing reports; and 

(xiv) other activities necessary for the general administration of government funds and associated programs. 

(B) The costs of performing oversight and monitoring responsibilities. 

(C) The costs of goods and services required for administrative functions of such program, including goods and services 

such as rental or purchase of equipment, utilities, office supplies, postage, and rental and maintenance of office space. 

(D) The travel costs incurred for official business in carrying 

out such program, excluding travel costs related to providing 

services. 

(E) The costs of information systems related to personnel, procurement, purchasing, property management, accounting, and 

payroll systems), including the purchase, systems development, 

and operating costs of such systems. 


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(F) The costs of technical assistance, professional organization membership dues, removal of architectural barriers, operating and maintaining assistive technology, and evaluating program results against stated objectives. 

(5) To the extent practicable, an entity that carries out a project 

under this title shall provide for the payment of the expenses described in paragraph (4) from non-Federal sources. 

(6)(A) Amounts made available for a project under this title that 

are not used to pay for the administrative costs shall be used to pay 

for the costs of programmatic activities, including— (i) participant wages, such benefits as are required by law 

(such as workers compensation or unemployment compensation) 

the costs of physical examinations, compensation for scheduled 

work hours during which an employer is closed for a Federal 

holiday, and necessary sick leave that is not part of an accumulated sick leave program, except that no amounts provided 

under this title may be used to pay the cost of pension benefits, 

annual leave, accumulated sick leave, or bonuses; 

(ii) participant training (including the payment of reasonable 

costs of instructors, classroom rental, training supplies, materials, equipment, and tuition) which may be provided prior to 

or subsequent to placement and which may be provided on the 

job, in a classroom setting or pursuant to other appropriate arrangements; 

(iii) job placement assistance, including job development and 

job search assistance; 

(iv) participant supportive services to enable a participant to 

successfully participate in a project under this title, which may 

include the payment of reasonable costs of transportation, special job-related or personal counseling, incidentals (such as 

work shoes, badges, uniforms, eyeglasses, and tools), child and 

adult care, temporary shelter, and follow-up services; and 

(v) outreach, recruitment, and selection, intake, orientation, 

and assessments. 

(B) Not less than 65 percent of the funds made available under 

a grant made under this title (excluding a grant made under subsection (d)) shall be used to pay wages and benefits for eligible individuals who are employed under projects carried out under this 

title. 

(d) PILOT, DEMONSTRATION, AND EVALUATION PROJECTS.—The 

Secretary shall use funds reserved under section 506(a)(1) to carry 

out demonstration projects, pilot projects, and evaluation projects, 

for the purpose of developing and implementing techniques and approaches, and demonstrating the effectiveness of the specialized 

methods, in addressing the employment and training needs of eligible individuals. Such projects may include—

(1) activities linking businesses and eligible individuals, including assistance to participants transitioning from subsidized 

activities to private-sector employment; and 

(2) demonstration projects and pilot projects designed to— (A) attract more eligible individuals into the labor force; 

(B) improve the provision of services to eligible individuals under the One-Stop delivery system established in accordance with title I of the Workforce Investment Act of 

1998; 


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(C) enhance the technological skills of eligible individuals; and 

(D) provide incentives to grantees under this title for exemplary performance and incentives to businesses to promote their participation in the program under this title; 

(3) demonstration projects and pilot projects, as described in 

paragraph (2), for older workers only if such demonstration 

projects and pilot projects are designed to assist in developing 

and implementing techniques and approaches in addressing the 

employment and training needs of eligible individuals; 

(4) training and technical assistance to support any project 

funded under this title; 

(5) dissemination of best practices; and 

(6) evaluation of the activities authorized under this title. 

SEC. 503. ADMINISTRATION. 

(a) STATE PLAN.— (1) CHIEF EXECUTIVE OFFICER SUBMITS PLAN.—For a State to 

be eligible to receive an allotment under section, 506, the chief 

executive officer of the State shall submit to the Secretary for 

consideration and approval, a single State plan (referred to in 

this title as the ‘‘State plan’’) that outlines a 3-year strategy for 

the statewide provision of training and related activities for eligible individuals under this title. The plan shall contain such 

provisions as the Secretary may require, consistent with this 

title, including a description of the process used to ensure the 

participation of individuals described in paragraph (2). 

(2) RECOMMENDATIONS.—In developing the State plan prior 

to its submission to the Secretary, the chief executive officer of 

the State shall seek the advice and recommendations of— (A) individuals representing the State agency and the 

area agencies on aging in the State, and the State and local 

workforce investment boards established under title I of the 

Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.); 

(B) individuals representing public and nonprofit private 

agencies and organizations providing employment services, 

including each grantee operating a project under this title 

in the State; and 

(C) individuals representing social service organizations 

providing services to older individuals, grantees under title 

III of this Act, affected communities, unemployed older individuals, community-based organizations serving the 

needs of older individuals, business organizations, and 

labor organizations. 

(D) COMMENTS.—Any State plan submitted by the chief 

executive officer in accordance with paragraph (1) shall be 

accompanied by copies of public comments relating to the 

plan received pursuant to paragraph (4) and a summary 

thereof. 

(4) PLAN PROVISIONS.—The State plan shall identify and address—

(A) the relationship that the number of eligible individuals in each area bears to the total number of eligible individuals, respectively, in the State; 

(B) the relative distribution of eligible individuals residing in rural and urban areas in the State; and 


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(C) the relative distribution of— (i) eligible individuals who are individuals with 

greatest economic need; 

(ii) eligible individuals who are minority individuals, including individuals who are limited English 

proficient; and 

(iii) eligible individuals who are individuals with 

greatest social need; 

(D) the current and projected employment opportunities 

in the State, by occupation, and the type of skills possessed 

by local eligible individuals; 

(E) the localities and populations for which projects of 

the type authorized by this title are most needed; and 

(F) plans for facilitating the coordination of activities of 

grantees in the State under this title with activities carried 

out in the State under title I of the Workforce Investment 

Act of 1998. 

(5) CHIEF EXECUTIVE OFFICER’S RECOMMENDATIONS ON GRANT

PROPOSALS.—Before a proposal for a grant under this title for 

any fiscal year is submitted to the Secretary, the chief executive 

officer of each State in which projects are proposed to be conducted under such grant shall be afforded a reasonable opportunity to submit recommendations to the Secretary— (A) regarding the anticipated effect of each such proposal 

upon the overall distribution of enrollment positions under 

this title in the State (including such distribution among 

urban and rural areas), taking into account the total number of positions to be provided by all grantees in the State; 

(B) any recommendations for redistribution of positions 

to under served areas as vacancies occur in previously encumbered positions in other areas; and 

(C) in the case of any increase in funding that may be 

available for use in the State under this title for any fiscal 

year, any recommendations for distribution of newly available positions in excess of those available during the preceding year to underserved areas. 

(6) DISRUPTIONS.—In developing plans and considering recommendations under this subsection, disruptions in the provision of services for current participants shall be avoided to the 

greatest possible extent. 

(7) DETERMINATION; REVIEW.—

(A) DETERMINATION.—In order to effectively carry out 

this title, each State shall make the State plan available for 

public comment. The Secretary, in consultation with the Assistant Secretary, shall review the plan and make a written 

determination with findings and a decision regarding the 

plan. 

(B) REVIEW.—The Secretary may review, on the Secretary’s own initiative or at the request of any public or private agency or organization or of any agency of the State, 

the distribution of projects and services under this title in 

the State including the distribution between urban and 

rural areas in the State. For each proposed reallocation of 

projects or services in a State, the Secretary shall give notice and opportunity for public comment. 


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(8) EXEMPTION.—The grantees that serve eligible individuals 

who are older Indians with funds reserved under section 

506(a)(3) may not be required to participate in the State planning processes described in this section but will collaborate 

with the Secretary to develop a plan for projects and services to 

eligible individuals who are Indians. 

(b) COORDINATION WITH OTHER FEDERAL PROGRAMS.—

(1) The Secretary and the Assistant Secretary shall coordinate 

the program carried out under this title with programs carried 

out under other titles of this Act, to increase job opportunities 

available to older individuals. 

(2) The Secretary shall coordinate programs carried out 

under this title with the program carried out under the Workforce Investment Act of 1998, the Community Services Block 

Grant Act, the Rehabilitation Act of 1973, the Carl D. Perkins 

Vocational and Technical Education Act of 1998 (20 U.S.C. 

2301 et seq.), the National and Community Service Act of 1990 

(42 U.S.C. 12501 et seq.), and the Domestic Volunteer Service 

Act of 1973 (42 U.S.C. 4950 et seq.). The Secretary shall coordinate the administration of this title with the administration of 

other titles of this Act by the Assistant Secretary to increase the 

likelihood that eligible individuals for whom employment opportunities under this title are available and who need services 

under such titles receive such services. Funds appropriated to 

carry out this title may not be used to carry out any program 

under the Workforce Investment Act of 1998, the Community 

Services Block Grant Act, the Rehabilitation Act of 1973, the 

Carl D. Perkins Vocational and Technical Education Act of 

1998, the National and Community Service Act of 1990, or the 

Domestic Volunteer Service Act of 1973. The preceding sentence 

shall not be construed to prohibit carrying out projects under 

this title jointly with programs, projects, or activities under any 

Act specified in such sentence, or from carrying out section 512. 

(3) The Secretary shall distribute to grantees under this title, 

for distribution to program participants, and at no cost to 

grantees or participants, informational materials developed and 

supplied by the Equal Employment Opportunity Commission 

and other appropriate Federal agencies that the Secretary determines are designed to help participants identify age discrimination and to understand their rights under the Age Discrimination in Employment Act of 1967. 

(c) In carrying out this title, the Secretary may use, with their 

consent, the services, equipment, personnel, and facilities of Federal 

and other agencies with or without reimbursement, and on a similar basis to cooperate with other public and private agencies and instrumentalities in the use of services, equipment, and facilities. 

(d) Payments under this title may be made in advance or by way 

of reimbursement and in such installments as the Secretary may determine. 

(e) The Secretary shall not delegate any function of the Secretary 

under this title to any other Federal officer or entity. 

(f)(1) The Secretary shall monitor projects for which grants are 

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cluding the statewide planning, consultation, and coordination requirements of this title). 

(2) Each grantee that receives funds under this title shall comply 

with the applicable uniform cost principles and appropriate administrative requirements for grants and contracts that are applicable 

to the type of entity that receives funds, as issued as circulars or 

rules of the Office of Management and Budget. 

(3) Each grantee described in paragraph (2) shall prepare and 

submit a report in such manner and containing such information 

as the Secretary may require regarding activities carried out under 

this title. 

(4) Each grantee described in paragraph (2) shall keep records 

that—

(A) are sufficient to permit the preparation of reports required 

by this title; 

(B) are sufficient to permit the tracing of funds to a level of 

expenditure adequate to ensure that the funds have not been 

spent unlawfully; and 

(C) contain any other information that the Secretary determines to be appropriate. 

(g) The Secretary shall establish by rule and implement a process 

to evaluate, in accordance with section 513, the performance of 

projects and services carried out under this title. The Secretary shall 

report to the Congress, and make available to the public, the results 

of each such evaluation and shall use such evaluation to improve 

services delivered by, or the operation of, projects carried out under 

this title. 

SEC. 504. PARTICIPANTS NOT FEDERAL EMPLOYEES. 

(a) Eligible individuals who are participants in authorized activities in any project funded under this title shall not be considered 

to be Federal employees as a result of such participation and shall 

not be subject to part III of title 5, United States Code. 

(b) No grant, subgrant, contract or subcontract shall be entered 

into under this title with an entity who is, or whose employees are, 

under State law, exempted from operation of the State workers’ compensation law, generally applicable to employees unless the entity 

shall undertake to provide either through insurance by a recognized 

carrier or by self-insurance, as authorized by State law, that the 

persons employed under the grant, contract, subgrant, or subcontract shall enjoy workers’ compensation coverage equal to that 

provided by law for covered employment. 

SEC. 505. INTERAGENCY COOPERATION. 

(a) The Secretary shall consult with and obtain the written views 

of the Assistant Secretary before issuing rules and before establishing general policy in the administration of this title. 

(b) The Secretary shall consult and cooperate with the Director of 

the Office of Community Services, the Secretary of Health and 

Human Services, and the heads of other Federal agencies that carry 

out related programs, in order to achieve optimal coordination with 

such other programs. In carrying out this section, the Secretary 

shall promote programs or projects of a similar nature. Each Federal agency shall cooperate with the Secretary in disseminating information relating to the availability of assistance under this title 


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and in promoting the identification and interests of individuals eligible for employment in projects assisted under this title. 

(c)(1) The Secretary shall promote and coordinate carrying out 

projects under this title jointly with programs, projects, or activities 

carried out under other Acts, especially activities provided under the 

Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.), including 

activities provided through One-Stop delivery systems established 

under section 134(c)) of such Act (29 U.S.C. 2864(c)), that provide 

training and employment opportunities to eligible individuals. 

(2) The Secretary shall consult with the Secretary of Education to 

promote and coordinate carrying out projects under this title jointly 

with workforce investment activities in which eligible individuals 

may participate that are carried out under the Carl D. Perkins Vocational and Technical Education Act of 1998. 

SEC. 506. DISTRIBUTION OF ASSISTANCE. 

(a) RESERVATIONS.—

(1) RESERVATION FOR NATIONAL ACTIVITIES.—Of the funds 

appropriated to carry out this title for each fiscal year, the Secretary may first reserve up to 1.5 percent to carry out demonstration projects, pilot projects, and evaluation projects under 

section 502(d). 

(2) RESERVATION FOR TERRITORIES.—Of the funds appropriated to carry out this title for each fiscal year, the Secretary 

shall reserve up to 0.75 percent, of which—

(A) Guam, American Samoa, and the United States Virgin Islands shall each receive 30 percent of the funds so reserved; and 

(B) the Commonwealth of the Northern Mariana Islands 

shall receive 10 percent of the funds so reserved. 

(3) RESERVATION FOR ORGANIZATIONS.—Of the funds appropriated to carry out this title for each fiscal year, the Secretary 

shall reserve such amount as may be necessary to make national grants to public or nonprofit national Indian aging organizations with the ability to provide authorized activities for eligible individuals who are Indians and to national public or 

nonprofit Pacific Island and Asian American aging organizations with the ability to provide authorized activities for eligible 

individuals who are Pacific Island and Asian Americans. 

(b) STATE ALLOTMENTS.—The allotment for each State shall be 

the sum of the amounts allotted for national grants in such State 

under subsection (d) and for the grant to such State under subsection (e). 

(c) DIVISION BETWEEN NATIONAL GRANTS AND GRANTS TO

STATES.—The funds appropriated to carry out this title for any fiscal year that remain after amounts are reserved under paragraphs 

(1), (2), and (3) of subsection (a), shall be divided by the Secretary 

between national grants and grants to States as follows: 

(1) RESERVATION OF FUNDS FOR FISCAL YEAR 2006 LEVEL OF

ACTIVITIES.—

(A) The Secretary shall reserve the amount of funds necessary to maintain the fiscal year 2006 level of activities 

supported by grantees that operate under this title under 

national grants from the Secretary, and the fiscal year 

2006 level of activities supported by State grantees under 


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this title, in proportion to their respective fiscal year 2006 

levels of activities. 

(B) If in any fiscal year for which the funds appropriated 

to carry out this title are insufficient to satisfy the requirement specified in subparagraph (A), then the amount described in subparagraph (A) shall be reduced proportionally. 

(2) FUNDING IN EXCESS OF FISCAL YEAR 2006 LEVEL OF ACTIVITIES.—

(A) UP TO $35,000,000.—The amount of funds remaining 

after the application of paragraph (1), but not to exceed 

$35,000,000, shall be divided so that 75 percent shall be 

provided to State grantees and 25 percent shall be provided 

to grantees that operate under this title under national 

grants from the Secretary. 

(B) OVER $35,000,000.—The amount of funds remaining (if 

any) after the application of subparagraph (A) shall be divided so that 50 percent shall be provided to State grantees 

and 50 percent shall be provided to grantees that operate 

under this title under national grants from the Secretary. 

(d) ALLOTMENTS FOR NATIONAL GRANTS.—From funds available 

under subsection (c) for national grants, the Secretary shall allot for 

public and nonprofit private agency and organization grantees that 

operate under this title under national grants from the Secretary in 

each State, an amount that bears the same ratio to such funds as 

the product of the number of individuals 55 years of age or older 

in the State and the allotment percentage of such State bears to the 

sum of the corresponding products for all States, except as follows: 

(1) MINIMUM ALLOTMENT.—No State shall be provided an 

amount under this subsection that is less than 1⁄2 of 1 percent 

of the amount provided under subsection (c) for public and nonprofit private agency and organization grantees that operate 

under this title under national grants from the Secretary in all 

of the States. 

(2) HOLD HARMLESS.—If the amount provided under subsection (c) is—

(A) equal to or less than the amount necessary to maintain the fiscal year 2006 level of activities, allotments for 

grantees that operate under this title under national grants 

from the Secretary in each State shall be proportional to 

their fiscal year 2006 level of activities; or 

(B) greater than the amount necessary to maintain the 

fiscal year 2006 level of activities, no State shall be provided a percentage increase above the fiscal year 2006 level 

of activities for grantees that operate under this title under 

national grants from the Secretary in the State that is less 

than 30 percent of such percentage increase above the fiscal 

year 2006 level of activities for public and nonprofit private 

agency and organization grantees that operate under this 

title under national grants from the Secretary in all of the 

States. 

(3) REDUCTION.—Allotments for States not affected by paragraphs (1) and (2)(B) of this subsection shall be reduced proportionally to satisfy the conditions in such paragraphs. 


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(e) ALLOTMENTS FOR GRANTS TO STATES.—From the amount provided for grants to States under subsection (c), the Secretary shall 

allot for the State grantee in each State an amount that bears the 

same ratio to such amount as the product of the number of individuals 55 years of age or older in the State and the allotment percentage of such State bears to the sum of the corresponding product for 

all States, except as follows: 

(1) MINIMUM ALLOTMENT.—No State shall be provided an 

amount under this subsection that is less than 1⁄2 of 1 percent 

of the amount provided under subsection (c) for State grantees 

in all of the States. 

(2) HOLD HARMLESS.—If the amount provided under subsection (c) is— (A) equal to or less than the amount necessary to maintain the fiscal year 2006 level of activities, allotments for 

State grantees in each State shall be proportional to their 

fiscal year 2006 level of activities; or 

(B) greater than the amount necessary to maintain the 

fiscal year 2006 level of activities, no State shall be provided a percentage increase above the fiscal year 2006 level 

of activities for State grantees in the State that is less than 

30 percent of such percentage increase above the fiscal year 

2006 level of activities for State grantees in all of the 

States. 

(3) REDUCTION.—Allotments for States not affected by paragraphs (1) and (2)(B) of this subsection shall be reduced proportionally to satisfy the conditions in such paragraphs. 

(f) ALLOTMENT PERCENTAGE.—For purposes of subsections (d) and 

(e)— (1) the allotment percentage of each State shall be 100 percent 

less that percentage that bears the same ratio to 50 percent as 

the per capita income of such State bears to the per capita income of the United States, except that— (A) the allotment percentage shall be not more than 75 

percent and not less than 33 percent; and 

(B) the allotment percentage for the District of Columbia 

and the Commonwealth of Puerto Rico shall be 75 percent; 

(2) the number of individuals 55 years of age or older in any 

State and in all States, and the per capita income in any State 

and in all States, shall be determined by the Secretary on the 

basis of the most satisfactory data available to the Secretary; 

and 

(3) for the purpose of determining the allotment percentage, 

the term ‘‘United States’’ means the 50 States and the District 

of Columbia. 

(g) DEFINITIONS.—For purposes of this section: 

(1) COST PER AUTHORIZED POSITION.—The term ‘‘cost per authorized position’’ means the sum of—

(A) the hourly minimum wage rate specified in section 

6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 

206(a)(1)), multiplied by the number of hours equal to the 

product of 21 hours and 52 weeks; 

(B) an amount equal to 11 percent of the amount specified under subparagraph (A), for the purpose of covering 

Federal payments for fringe benefits; and 


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(C) an amount determined by the Secretary, for the purpose of covering Federal payments for the remainder of all 

other program and administrative costs. 

(2) FISCAL YEAR 2006 LEVEL OF ACTIVITIES.—The term ‘‘fiscal 

year 2006 level of activities’’ means— (A) with respect to public and nonprofit private agency 

and organization grantees that operate under this title 

under national grants from the Secretary, their level of activities for fiscal year 2006; and 

(B) with respect to State grantees, their level of activities 

for fiscal year 2006. 

(3) GRANTS TO STATES.—The term ‘‘grants to States’’ means 

grants made under this title by the Secretary to the States. 

(4) LEVEL OF ACTIVITIES.—The term ‘‘level of activities’’ means 

the number of authorized positions multiplied by the cost per 

authorized position. 

(5) NATIONAL GRANTS.—The term ‘‘national grants’’ means 

grants made under this title by the Secretary to public and nonprofit private agency and organization grantees that operate 

under this title under national grants from the Secretary. 

(6) STATE.—The term ‘‘State’’ does not include Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the United States Virgin Islands. 

SEC. 507. EQUITABLE DISTRIBUTION. 

(a) INTERSTATE ALLOCATION.—In making grants under section 

506, the Secretary shall ensure, to the extent feasible, an equitable 

distribution of activities under such grants, in the aggregate, among 

the States, taking into account the needs of underserved States. 

(b) INTRASTATE ALLOCATION.—The amount allocated for projects 

within each State under section 506 shall be allocated among areas 

in the State in an equitable manner, taking into consideration the 

State priorities set out in the State plan in effect under section 

503(a). 

SEC. 508. REPORT. 

To carry out the Secretary’s responsibilities for reporting in section 503(g), the Secretary shall require the State agency for each 

State that receives funds under this title to prepare and submit a 

report at the beginning of each fiscal year on such State’s compliance with section 507(b). Such report shall include the names and 

geographic location of all projects assisted under this title and carried out in the State and the amount allocated to each such project 

under section 506. 

SEC. 509. EMPLOYMENT ASSISTANCE AND FEDERAL HOUSING AND 

FOOD STAMP PROGRAMS. 

Funds received by eligible individuals from projects carried out 

under the program established in this title shall not be considered 

to be income of such individuals for purposes of determining the eligibility of such individuals, or of any other individuals, to participate in any housing program for which Federal funds may be available or for any income determination under the Food Stamp Act of 

1977. 

SEC. 510. ELIGIBILITY FOR WORKFORCE INVESTMENT ACTIVITIES. 

Eligible individuals under this title may be considered by local 

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force Investment Act of 1998 to satisfy the requirements for receiving 

services under such title I that are applicable to adults. 

SEC. 511. TREATMENT OF ASSISTANCE. 

Assistance provided under this title shall not be considered to be 

financial assistance described in section 245A(h)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1255A(h)(1)(A)). 

SEC. 512. COORDINATION WITH THE WORKFORCE INVESTMENT ACT OF 

1998. 

(a) PARTNERS.—Grantees under this title shall be One-Stop partners as described in subparagraphs (A) and (B)(vi) of section 

121(b)(1) of the Workforce Investment Act of 1998 (29 U.S.C. 

2841(b)(1)) in the One-Stop delivery system established under section 134(c)) of such Act (29 U.S.C. 2864(c))) for the appropriate local 

workforce investment areas, and shall carry out the responsibilities 

relating to such partners. 

(b) COORDINATION.—In local workforce investment areas where 

more than 1 grantee under this title provides services, the grantees 

shall—

(1) coordinate their activities related to the One-Stop delivery 

system; and 

(2) shall be signatories of the memorandum of understanding 

established under section 121(c) of the Workforce Investment 

Act of 1998 (29 U.S.C. 2841(c)). 

SEC. 513. PERFORMANCE. 

(a) MEASURES.—

(1) ESTABLISHMENT OF MEASURES.—The Secretary shall establish, in consultation with grantees, subgrantees, and host 

agencies under this title, States, older individuals, area agencies on aging, and other organizations serving older individuals, performance measures for each grantee for projects and 

services carried out under this title. 

(2) CONTENT.—

(A) COMPOSITION OF MEASURES.—The performance measures established by the Secretary in accordance with paragraph (1) shall consist of—

(i) core indicators of performance specified in subsection (b)(1) and the expected levels of performance applicable to each core indicator of performance, and 

(ii) additional indicators of performance specified in 

subsection (b)(2) 

(B) CONTINUOUS IMPROVEMENT.—The measures described in subparagraph (A)(i) shall be designed to promote 

continuous improvement in performance. 

(C) EXPECTED LEVELS OF PERFORMANCE.—The Secretary 

and each grantee shall reach agreement on the expected levels of performance for each program year for each of the 

core indicators of performance specified in subsection (b)(1). 

The agreement shall take into account the factors described 

in subparagraphs (B) and (D) and other appropriate factors 

as determined by the Secretary, and shall be consistent 

with the requirements of subparagraph (E). Funds under 

the grant may not be awarded until such agreement is 

reached. 


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(D) ADJUSTMENT.—The expected levels of performance described in subparagraph (C) applicable to a grantee shall 

be adjusted after the agreement under subparagraph (C) 

has been reached only with respect to the following factors: 

(i) High rates of unemployment or of poverty or welfare participation, in the areas served by a grantee, relative to other areas of the State or Nation. 

(ii) Significant downturns in the areas served by the 

grantee or in the national economy. 

(iii) Significant numbers or proportions of participants with 1 or more barriers to employment served by 

a grantee relative to grantees serving other areas of the 

State or Nation. 

(iv) Changes in Federal, State, or local minimum 

wage requirements. 

(E) PLACEMENT.—

(i) LEVEL OF PERFORMANCE.—For all grantees, the 

Secretary shall establish a level of performance of not 

less than the percentage specified in clause (ii) (adjusted in accordance with subparagraph (D)) for the 

entry into unsubsidized employment core indicator of 

performance described in subsection (b)(1)(A). If a 

grantee achieved a level of performance less than the 

percentage specified in such clause for the preceding 

fiscal year for which results are available before the enactment of the Senior Independence Act of 2006, the 

Secretary shall provide technical assistance to assist 

such grantee to achieve the applicable percentage specified in such clause. 

(ii) REQUIRED PLACEMENT PERCENTAGES.—The minimum percentage for the entry into unsubsidized employment (including those listed in section 516(2)(A)(ii)) 

described in subsection (b)(1)(A) is—

(I) 22 percent in fiscal year 2007; 

(II) 24 percent in fiscal year 2008; 

(III) 26 percent in fiscal year 2009; 

(IV) 28 percent in fiscal year 2010; and 

(V) 30 percent in fiscal year 2011. 

(3) PERFORMANCE EVALUATION OF GRANTEES.—The Secretary 

shall annually establish national performance measures for 

each grantee under this title, which shall be applicable to the 

grantee without regard to whether such grantee operates such 

program directly or through contracts, grants, or agreements 

with other entities. The measures shall include the core indicators of performance and expected level of performance for each 

such indicator, and the additional indicators of performance. In 

addition, the Secretary shall annually publish the actual performance of each grantee with respect to—

(A) the levels achieved for each of the core indicators of 

performance, compared to expected levels of performance 

under paragraph (2)(C) (including any adjustments to such 

levels made in accordance with to paragraph (2)(D)); and 

(B) the levels achieved for each of the additional indicators of performance. 


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(4) LIMITATION.—An agreement to be evaluated on the performance measures shall be a requirement for application for, 

and a condition of, all grants authorized by this title. 

(b) INDICATORS OF PERFORMANCE.— (1) CORE INDICATORS.—The core indicators of performance 

described in subsection (a)(2)(A)(i) shall consist of— (A) entry into unsubsidized employment; 

(B) retention in unsubsidized employment for 6 months; 

(C) earnings; and 

(D) hours (in the aggregate) of community service employment-based training pursuant to subparagraphs (A) and 

(B)(I) of section 502(b)(1); and 

(2) ADDITIONAL INDICATORS.—The additional indicators of 

performance described in subsection (a)(2)(A)(ii) shall consist 

of— (A) retention in unsubsidized employment for 1 year; 

(B) the number of eligible individuals served, including 

the number of participating individuals described in section 516(2)(A)(ii), and 

(C) any other indicators of performance that the Secretary determines to be appropriate to evaluate services and 

performance. 

(c) DEFINITIONS OF INDICATORS.—The Secretary, after consultation with national and State grantees, representatives of business 

and labor organizations, and providers of services, shall issue rules 

that define the indicators of performance described in subsection (b). 

(d) CORRECTIVE EFFORTS.— (1) NATIONAL GRANTEES.— (A) IN GENERAL.—Not later than 120 days after the end 

of each program year, the Secretary shall determine if a national grantee awarded a grant under section 514 has met 

the expected levels of performance established under subsection (a)(2)(c) (including any adjustments to such levels 

made in accordance with to subsection (a)(2)(D)) for the 

core indicators of performance described in subsection 

(b)(1). 

(B) TECHNICAL ASSISTANCE AND CORRECTIVE ACTION

PLAN.—

(i) IN GENERAL.—If the Secretary determines that a 

grantee fails to meet the expected levels of performance 

described in paragraph (1), the Secretary shall provide 

technical assistance and require such grantee to submit 

a corrective action plan not later than 160 days after 

the end of the program year. 

(ii) CONTENT.—The plan submitted under subparagraph (A) shall detail the steps the grantee will take to 

meet the national performance measures in the next 

program year. 

(2) STATE GRANTEES.— (A) IN GENERAL.—Not later than 120 days after the end 

of the program year, the Secretary shall determine if a 

State grantee allotted funds under section 506(e) has met 

the expected levels of performance established under subsection (a)(2)(C) (including any adjustments to such levels 

made in accordance with to subsection (a)(2)(D)) for the 


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core indicators of performance described in subsection 

(b)(1). 

(B) TECHNICAL ASSISTANCE AND CORRECTIVE ACTION

PLAN.—If a State fails to meet the levels of performance described in subparagraph (A), the Secretary shall provide 

technical assistance and require the State to submit a corrective action plan not later than 160 days after the end of 

the program year. 

(C) CONTENT.—The plan described in subparagraph (B) 

shall detail the steps the State will take to meet the standards. 

(D) FAILURE TO MEET PERFORMANCE MEASURES FOR SEC- OND AND THIRD YEARS.— (i) AFTER SECOND YEAR OF FAILURE.—If a State fails 

to meet the levels of performance described in subparagraph (A) for a second consecutive program year, the 

Secretary shall provide for the conduct by the State of 

a competition to award, for the first full program year 

following the determination (minimizing, to the extent 

possible, the disruption of services provided to participants), an amount equal to 25 percent of the funds 

available to the State for such year. 

(ii) AFTER THIRD YEAR OF FAILURE.—If the State fails 

to meet the levels of performance described in subparagraph (A) for a third consecutive program year, the 

Secretary shall provide for the conduct by the State of 

a competition to award the funds allocated to the State 

for the first full program year following the Secretary’s 

determination that the State has not met the performance measures. 

SEC. 514. COMPETITIVE REQUIREMENTS RELATING TO GRANT 

AWARDS. 

(a) PROGRAM AUTHORIZED.—From the funds available for national grants under section 506(d), the Secretary shall award grants 

to eligible applicants to carry out projects under this title through 

a competitive process that is conducted every 3 years. 

(b) ELIGIBLE APPLICANTS.—An applicant shall be eligible to receive a grant under subsection (a) in accordance with section 

502(b)(1), and subsections (c) and (d). 

(c) CRITERIA.—The Secretary shall select the eligible applicants to 

receive grants under subsection (a) based on the following: 

(1) The applicant’s ability to administer a program that 

serves the greatest number of eligible individuals, giving particular consideration to individuals with greatest economic 

need, greatest social need, poor employment history or prospects, and over the age of 65. 

(2) The applicant’s ability to administer a program that provides employment for eligible individuals in the communities in 

which such individuals reside, or in nearby communities, that 

will contribute to the general welfare of the community. 

(3) The applicant’s ability to administer a program that 

moves eligible individuals into unsubsidized employment. 

(4) The applicant’s prior performance, if any, in meeting performance measures under this title and under other Federal or 

State programs. 


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(5) The applicant’s ability to move individuals with multiple 

barriers to employment into unsubsidized employment. 

(6) The applicant’s ability to coordinate with other organizations at the State and local level. 

(7) The applicant’s plan for fiscal management of the program to be administered with funds received under this section. 

(8) Any additional criteria that the Secretary considers to be 

appropriate in order to minimize disruption for current participants. 

(d) RESPONSIBILITY TESTS.— (1) IN GENERAL.—Before final selection of a grantee, the Secretary shall conduct a review of available records to assess the 

applicant’s overall responsibility to administer Federal funds. 

(2) REVIEW.—As part of the review described in paragraph 

(1), the Secretary may consider any information, including the 

organization’s history with regard to the management of other 

grants. 

(3) FAILURE TO SATISFY TEST.—The failure to satisfy any 1 responsibility test that is listed in paragraph (4), excluding those 

listed in subparagraphs (A) and (B), does not establish that the 

organization is not responsible unless such failure is substantial or persists for 2 or more consecutive years. 

(4) TEST.—The responsibility tests include review of the following factors: 

(A) Unsuccessful efforts by the organization to recover 

debts, after 3 demand letters have been sent, that are established by final agency action, or a failure to comply with 

an approved repayment plan. 

(B) Established fraud or criminal activity of a significant 

nature within the organization. 

(C) Serious administrative deficiencies identified by the 

Secretary, such as failure to maintain a financial management system as required by Federal rules or regulations. 

(D) Willful obstruction of the audit process. 

(E) Failure to provide services to applicants as agreed to 

in a current or recent grant or to meet applicable performance measures. 

(F) Failure to correct deficiencies brought to the grantee’s 

attention in writing as a result of monitoring activities, reviews, assessments, or other activities. 

(G) Failure to return a grant closeout package or outstanding advances within 90 days of the grant expiration 

date or receipt of closeout package, whichever is later, unless an extension has been requested and granted. 

(H) Failure to submit required reports. 

(I) Failure to properly report and dispose of Government 

property as instructed by the Secretary. 

(J) Failure to have maintained effective cash management or cost controls resulting in excess cash on hand. 

(K) Failure to ensure that a subrecipient complies with 

its Office of Management and Budget Circular A–133 audit 

requirements specified at section 667.200(b) of title 20, 

Code of Federal Regulations. 

(L) Failure to audit a subrecipient within the required 

period. 


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(M) Final disallowed costs in excess of 5 percent of the 

grant or contract award if, in the judgment of the grant officer, the disallowances are egregious findings. 

(N) Failure to establish a mechanism to resolve a subrecipient’s audit in a timely fashion. 

(5) DETERMINATION.—Applicants that are determined to be 

not responsible shall not be selected as grantees. 

(6) DISALLOWED COSTS.—Interest on disallowed costs shall 

accrue in accordance with the Debt Collection Improvement Act 

of 1996. 

SEC. 515. AUTHORIZATION OF APPROPRIATIONS. 

(a) There is authorized to be appropriated to carry out this title 

such sums as may be necessary for fiscal years 2007, 2008, 2009, 

2010, and 2011. 

(b) Amounts appropriated under this section for any fiscal year 

shall be available for obligation during the annual period that begins on July 1 of the calendar year immediately following the beginning of such fiscal year and that ends on June 30 of the following 

calendar year. The Secretary may extend the period during which 

such amounts may be obligated or expended in the case of a particular organization or agency that receives funds under this title if 

the Secretary determines that such extension is necessary to ensure 

the effective use of such funds by such organization or agency. 

(c) At the end of the program year, the Secretary may recapture 

any unexpended funds for the program year, and reobligate such 

funds within the 2 succeeding program years for—

(1) technical assistance; or 

(2) grants or contracts for any other program under this title. 

SEC. 516. DEFINITIONS. 

For purposes of this title: 

(1) COMMUNITY SERVICE EMPLOYMENT-BASED TRAINING.—The 

term ‘‘community service employment-based training’’ means 

work experience that is related to providing social, health, welfare, and educational services (including literacy tutoring), 

legal and other counseling services and assistance, including 

tax counseling and assistance and financial counseling, and library, recreational, and other similar services; conservation, 

maintenance, or restoration of natural resources; community 

betterment or beautification; antipollution and environmental 

quality efforts; weatherization activities; economic development; 

and such other services essential and necessary to the community as the Secretary determines by rule. 

(2) ELIGIBLE INDIVIDUAL.—The term ‘‘eligible individual’’

means an individual who is 55 years of age or older and who 

has a low income (including any such individual whose income 

is not more that 125 percent of the poverty line), excluding any 

income that is unemployment compensation, benefits received 

under title XVI of the Social Security Act, veterans payments, 

or 25 percent of the benefits received under title II of the Social 

Security Act, but— (A) pursuant to regulations prescribed by the Secretary, 

any such individual who meets one or more of the following 

criteria shall have priority for the work opportunities provided under this title—


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(i) is 65 years of age or older; or 

(ii) has one or more of the following barriers to employment: 

(I) has a disability; 

(II) has limited English proficiency or low literacy skills; 

(III) resides in a rural area; 

(IV) is a veteran; 

(V) has low employment prospects; or 

(VI) has failed to find employment after utilizing 

services provided under title I of the Workforce Investment Act of 1998; and 

(B) notwithstanding any other provision of this paragraph, excludes— (i) an individual who has participated in projects 

under this title for a period of 48 months in the aggregate (whether or not consecutive) after the date of the 

enactment of the Senior Independence Act of 2006; and 

(ii) an individual who has participated in projects 

under this title for a period of 24 months in the aggregate (whether or not consecutive) after the date of the 

enactment of the Senior Independence Act of 2006 if 

such individual participated more than 24 months in 

the aggregate (whether or not consecutive) under title V 

of this Act, as in effect before the date of the enactment 

of the Senior Independence Act of 2006. 

(3) LOW INCOME.—The term ‘‘low income’’ means income received during the 12-month period (or, at the option of the 

grantee involved, for any period that is not multiplied and that 

does not exceed the 6-month period) ending on the date an eligible individual submits an application to participate in the 

project carried out under this title by such grantee. 

(4) PACIFIC ISLAND AND ASIAN AMERICANS.—The term ‘‘Pacific 

Island and Asian Americans’’ means Americans having origins 

in any of the original peoples of the Far East, Southeast Asia, 

the Indian Subcontinent, or the Pacific Islands. 

(5) PROGRAM.—The term ‘‘program’’ means the older American community service employment-based training program established under this title. 

(6) SUPPORTIVE SERVICES.—The term ‘‘supportive services’’

means services such as transportation, child care, dependent 

care, housing, and needs-related payments, that are necessary 

to enable an individual to participate in activities authorized 

under this title, consistent with the provisions of this title. 

(7) UNEMPLOYED INDIVIDUAL.—The term ‘‘unemployed individual’’ means an individual who is without a job and who 

wants and is available for work, including an individual who 

may have occasional employment that does not result in a constant source of income. 

TITLE VI—GRANTS FOR NATIVE AMERICANS 

* * * * * * * 

SEC. 643. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated to carry out this title—


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(1) for parts A and B, such sums as may be necessary for fiscal year ø2001¿ 2007, and such sums as may be necessary for 

subsequent fiscal years; and (2) for part C, $5,000,000 for fiscal year ø2001¿ 2007, and 

such sums as may be necessary for subsequent fiscal years. 

* * * * * * * 

TITLE VII—ALLOTMENTS FOR VULNERABLE ELDER RIGHTS PROTECTION 

ACTIVITIES 

Subtitle A—State Provisions 

CHAPTER 1—GENERAL STATE PROVISIONS 

* * * * * * * 

SEC. 702. AUTHORIZATION OF APPROPRIATIONS. 

(a) OMBUDSMAN PROGRAM.—There are authorized to be appropriated to carry out chapter 2, such sums as may be necessary for 

fiscal year ø2001¿ 2007, and such sums as may be necessary for 

subsequent fiscal years. 

(b) PREVENTION OF ELDER ABUSE, NEGLECT, AND EXPLOI- TATION.—There are authorized to be appropriated to carry out 

chapter 3, such sums as may be necessary for fiscal year ø2001¿ 

2007, and such sums as may be necessary for subsequent fiscal 

years. 

(c) LEGAL ASSISTANCE DEVELOPMENT PROGRAM.—There are authorized to be appropriated to carry out chapter 4, such sums as 

may be necessary for fiscal year ø2001¿ 2007, and such sums as 

may be necessary for subsequent fiscal years. 

* * * * * * * 

CHAPTER 3—PROGRAMS FOR PREVENTION OF ELDER 

ABUSE, NEGLECT, AND EXPLOITATION 

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

(a) * * * 

(b) USE OF ALLOTMENTS.—The State agency shall use an allotment made under subsection (a) to carry out, through the programs 

described in subsection (a), activities to develop, strengthen, and 

carry out programs for the prevention and treatment of elder 

abuse, neglect, and exploitation (including financial exploitation), 

including—

(1) * * * 

(2) providing for public education and outreach to promote financial literacy and prevent identity theft and financial exploitation of older individuals; 

ø(2)¿ (3) ensuring the coordination of services provided by 

area agencies on aging with services instituted under the State 

adult protection service program, State and local law enforcement systems, and courts of competent jurisdiction; 


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ø(3)¿ (4) promoting the development of information and data 

systems, including elder abuse reporting systems, to quantify 

the extent of elder abuse, neglect, and exploitation in the 

State; 

ø(4)¿ (5) conducting analyses of State information concerning 

elder abuse, neglect, and exploitation and identifying unmet 

service, enforcement, or intervention needs; 

ø(5)¿ (6) conducting training for individuals, including caregivers described in part E of title III, professionals, and paraprofessionals, in relevant fields on the identification, prevention, and treatment of elder abuse, neglect, and exploitation, 

with particular focus on prevention and enhancement of selfdetermination and autonomy; 

ø(6)¿ (7) providing technical assistance to programs that provide or have the potential to provide services for victims of 

elder abuse, neglect, and exploitation and for family members 

of the victims; 

ø(7)¿ (8) conducting special and on-going training, for individuals involved in serving victims of elder abuse, neglect, and 

exploitation, on the topics of self-determination, individual 

rights, State and Federal requirements concerning confidentiality, and other topics determined by a State agency to be appropriate; and 

ø(8)¿ (9) promoting the development of an elder abuse, neglect, and exploitation system— (A) * * * 

* * * * * * * 

Subtitle B—Native American Organization 

Provisions 

SEC. 751. NATIVE AMERICAN PROGRAM. 

(a) * * * 

* * * * * * * 

(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated to carry out this section such sums as may be necessary for fiscal year ø2001¿ 2007, and such sums as may be necessary for subsequent fiscal years. 

* * * * * * * 


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ADDITIONAL VIEWS 

THE DUAL PURPOSE OF THE TITLE V EMPLOYMENT PROGRAM

The main purpose of the Title V Senior Community Service Employment Program (SCSEP) is to place low-income older individuals 

with poor employment prospects in subsidized employment so that 

they may increase their income and to provide a source of labor to 

expand community services. 

For over 40 years, SCSEP has provided a critical source of assistance to maintain and expand community services. In 2004, program participants provided more than 45 million hours worth of 

community services, including work in local schools, libraries, hospitals, senior centers, and meals-on-wheels programs. The bill diminishes the community service purpose of Title V and relegates 

community service to one of several allowable activities for SCSEP 

participants. 

Decades of this community service component has demonstrated 

its important role in serving low-income older individuals with 

multiple barriers to employment. With resources dwindling for nonprofits, the need is even greater for older workers to have access 

to employment services that place an emphasis on part-time paid 

work experience to maintain their self-sufficiency while at the 

same time providing services to their communities. 

We believe SCSEP is a critical program which has the primary 

purpose of providing employment and training opportunities for 

low-income seniors and to provide vital community services that 

would frequently be unavailable without Title V. 

RAISE THE MINIMUM WAGE

Congressman Miller offered an amendment in Committee markup to increase the minimum wage for seniors employed under 

Older Americans Act programs over three years to $7.25 per hour. 

The Majority rejected this amendment. 

It has been nine years since the last minimum wage increase, 

during which time Members of Congress have raised their own pay 

eight times, by $31,600. Meanwhile, 37 million Americans live in 

poverty. Almost 3 million full-time year round workers live under 

the poverty line (a 100% increase since the 1970’s) according to the 

U.S. Bureau of the Census in 2005. 

The value of the current minimum wage has declined 20% since 

the last increase in 1997. According to the Bureau of Labor Statistics, the real value of the minimum wage is lower today than at 

any time since 1968. To have the purchasing power it had in 1968, 

the minimum wage would have to be increased to almost $7.54 an 

hour. For it to equal 50% of the average wage, as it was in the 

1950’s and 60’s, it would need to be increased to $8.20. 


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Under the OAA, older workers placed in subsidized or unsubsidized employment and training must be paid the greater of the 

federal or local minimum wage. In 21 states older workers are paid 

the minimum wage or pennies above the minimum wage. In 29 

states older workers earn the higher local minimum wage. 

All 97,000 OAA Title V recipients have income under 125% of 

poverty. The average wage payment is $7,172. 

The Committee needs to act to raise the minimum wage for older 

workers and for all workers—this is the most effective measure for 

alleviating poverty. 

LENGTH OF GRANT

Mr. Hinojosa offered and withdrew an amendment to lengthen 

the time between grant competitions in the Senior Community 

Service Employment Program from every 3 years to every 5 years. 

This change would better align the length of the grant with the 

performance, continuous improvement, and accountability provisions in the law. It would also provide the benefit of program continuity without sacrificing accountability for results. 

The 2000 amendments to the Older Americans Act phased in a 

performance based competitive grant program for the Senior Community Service Employment Program. It is now time to focus on 

the implementation of the performance-based system. The 3-year 

grant cycle could result in an endless stream of new grantees that 

never have enough time to demonstrate the performance outcomes, 

continuous improvement and results that the program requires. 

Additionally, the most successful programs under this title involve 

extensive partnerships. These partnerships take time to mature. 

Partners must believe that the program is stable in order to make 

their participation worthwhile. A 3-year revolving door of grantees 

will discourage partners—especially from the private sector. 

It is our view that the grants under Title V of the Older Americans Act should be awarded for a period of 5 years. 

GEORGE MILLER. 

BETTY MCCOLLUM. 

TIM BISHOP. 

LYNN WOOLSEY. 

RON KIND. 

ROBERT ANDREWS. 

CAROLYN MCCARTHY. 

RAU ́ L M. GRIJALVA. 

BOBBY SCOTT. 

CHRIS VAN HOLLEN. 

MAJOR R. OWENS. 

DALE E. KILDEE. 

RUSH HOLT. 

DAVID WU. 

DENNIS J. KUCINICH. 

SUSAN DAVIS. 

JOHN F. TIERNEY. 

DANNY K. DAVIS. 


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RUBE ́ N HINOJOSA. TIM RYAN. DONALD PAYNE. 


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ADDITIONAL VIEWS 

KUCINICH AMENDMENT

Congressman Kucinich offered an amendment that would help 

provide relief for Administrations on Aging and thousands of volunteers nationwide from being squeezed by the rising cost of gas. It 

provides a non-binding formula for calculating annual increases in 

fuel costs for the three Older Americans Act programs that are the 

most heavily dependent on transportation. These programs include 

the in-home nutrition services, the congregate nutrition services, 

and the supportive services that provide rides to doctor’s appointments, trips to the grocery store and to senior centers, among other 

services. The Majority rejected this amendment. 

When the cost of the basic goods and services necessary for daily 

life increases, the effect is highly regressive. Those with lower incomes pay a higher percentage of their income for the essentials of 

life than their high-income counterparts. The effect is particularly 

pronounced on people with fixed incomes like seniors. 

At the same time that gas prices have gone up, funding has gone 

down. Supportive Services and congregate meals funding has decreased since FY02, losing significant fiscal ground each year to inflation. 

The Committee should act to protect seniors from oil companies’

price gouging. 

DENNIS J. KUCINICH. 

Æ 


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