I 

109TH CONGRESS 

2D SESSION H. R. 5293 

To amend the Older Americans Act of 1965 to authorize appropriations 

for fiscal years 2007 through 2011, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 4, 2006 

Mr. TIBERI (for himself and Mr. HINOJOSA) introduced the following bill; 

which was referred to the Committee on Education and the Workforce 

A BILL 

To amend the Older Americans Act of 1965 to authorize 

appropriations for fiscal years 2007 through 2011, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Senior Independence 

5 Act of 2006’’. 

6 SEC. 2. DEFINITIONS. 

7 Section 102 of the Older Americans Act of 1965 (42 

8 U.S.C. 3002) is amended— 

9 (1) by amending paragraph (12)(D) to read as 

10 follows: 


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1 ‘‘(D) evidence-based health promotion pro2 grams, including programs related to the pre3 vention and mitigation of the effects of chronic 

4 disease (including osteoporosis, hypertension, 

5 obesity, diabetes, and cardiovascular disease), 

6 alcohol and substance abuse reduction, smoking 

7 cessation, weight loss and control, stress man8 agement, falls prevention, physical activity, and 

9 improved nutrition through the consumption of 

10 a healthful diet and multivitamin-mineral sup11 plementation;’’, 

12 (2) in paragraph (29)(E)— 

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

14 end, 

15 (B) in clause (ii) by striking the period at 

16 the end and inserting ‘‘; and’’ , and 

17 (C) by adding at the end the following: 

18 ‘‘(iii) older individuals at risk for in19 stitutional placement.’’, 

20 (3) by redesignating paragraphs (1) through 

21 (43) as paragraphs (43), (7), (46), (36), (24), (25), 

22 (50), (13), (45), (8), (27), (12), (1), (2), (3), (5), 

23 (6), (10), (23), (34), (11), (14),(15), (16), (18), 

24 (19), (20), (21), (26), (28), (30), (31) (32), (35), 


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1 (37), (40), (41), (47), (49), (17), (38), (39), and 

2 (44), respectively, 

3 (4) by transferring such paragraphs so as to ar4 range them in numerical order as so redesignated, 

5 (5) by inserting after paragraph (3), as so re6 designated the following: 

7 ‘‘(4) The term ‘Aging and Disability Resource 

8 Center’ means a program established by a State as 

9 part of the State’s system of long-term care, to pro10 vide a coordinated system for providing— 

11 ‘‘(A) comprehensive information on avail12 able public and private long-term care pro13 grams, options, and resources; 

14 ‘‘(B) personal counseling to assist individ15 uals in assessing their existing or anticipated 

16 long-term care needs, and developing and imple17 menting a plan for long-term care designed to 

18 meet their specific needs and circumstances; 

19 and 

20 ‘‘(C) consumer access to the range of pub21 licly-supported long-term care programs for 

22 which they may be eligible, by serving as a con23 venient point of entry for such programs.’’, 

24 (6) by inserting after paragraph (8), as so re25 designated, the following: 


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1 ‘‘(9) The term ‘at risk for institutional place2 ment’ means, with respect to an older individual, 

3 that such individual is unable to perform at least 

4 two activities of daily living without substantial 

5 human assistance (including verbal reminding, phys6 ical cuing, or supervision) and is determined by the 

7 State to be in need of placement in a long-term care 

8 facility.’’, 

9 (7) by inserting after paragraph (21), as so re10 designated, the following: 

11 ‘‘(22) The term ‘Hispanic serving institution’ 

12 has the meaning as defined in section 502 of the 

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

14 (8) by inserting after paragraph (28), as so re15 designated, the following: 

16 ‘‘(29) The term ‘long-term care’ means any 

17 services, care, or items (including assistive devices)a, 

18 including disease prevention and health promotion 

19 services, in-home services, and case management 

20 service— 

21 ‘‘(A) intended to assist individuals in cop22 ing with, and to the extent practicable com23 pensate for, functional impairments in carrying 

24 out activities of daily living; 


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1 ‘‘(B) furnished at home, in a community 

2 care setting (including a small community care 

3 setting as defined in subsection (g)(1), and a 

4 large community care setting as defined in sub5 section (h)(1), of section 1929 of the Social Se6 curity Act (42 U.S.C. 1396t)), or in a long7 term care facility; and 

8 ‘‘(C) not furnished to prevent, diagnose, 

9 treat, or cure a medical disease or condition.’’, 

10 (9) by inserting after paragraph (32), as so re11 designated, the following: 

12 ‘‘(33) The term ‘multivitamin-mineral supple13 ment’ means a dietary supplement that provides at 

14 least two-third’s of the essential vitamins and min15 erals at 100 percent of the daily value levels as de16 termined by the Food and Drug Administration.’’, 

17 (10) by inserting after paragraph (40), as so 

18 redesignated, the following: 

19 ‘‘(41) The term ‘self-directed care’ means an 

20 approach to providing services (including programs, 

21 benefits, supports, and technology) under this Act 

22 intended to an older individual to assist such indi23 vidual with activities of daily living, in which 

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

25 duration, scope, provider, and location of such 


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1 services) are planned, budgeted, and purchased 

2 under the direction and control of such indi3 vidual; 

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

5 information and assistance as necessary and ap6 propriate to enable such individual to make in7 formed decisions about his or her care options; 

8 ‘‘(C) the needs, capabilities, and pref9 erences of such individual with respect to such 

10 services, and such individual’s ability to direct 

11 and control his or her receipt of such services, 

12 are assessed by the area agency on aging or the 

13 local provider agency; 

14 ‘‘(D) based on the assessment made under 

15 subparagraph (C), the area agency on aging de16 velops together with such individual and his or 

17 her family, caregiver, or legal representative— 

18 ‘‘(i) a plan of services for such indi19 vidual that specifies which services such in20 dividual will be responsible for directing; 

21 ‘‘(ii) a determination of the role of 

22 family members (and others whose partici23 pation is sought by such individual) in pro24 viding services under such plan; and 

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


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

2 agency provides for oversight of such individ3 ual’s self-directed receipt of services, including 

4 steps to ensure the quality of services provided 

5 and the appropriate use of funds under this 

6 Act.’’, and 

7 (11) by inserting after paragraph (47), as so 

8 redesignated, the following: 

9 ‘‘(48) The term ‘State system of long-term 

10 care’ means the Federal, State, and local programs 

11 and activities administered by a State that provide, 

12 support, or facilitate access to long-term care to in13 dividuals in such State.’’. 

14 SEC. 3. FUNCTIONS OF THE ASSISTANT SECRETARY. 

15 Section 202 of the Older Americans Act of 1965 (42 

16 U.S.C. 3012) is amended— 

17 (1) in subsection (a)— 

18 (A) in paragraph (20)— 

19 (i) by striking ‘‘and area agencies on 

20 aging’’ and inserting ‘‘, area agencies on 

21 aging, and service providers’’, 

22 (ii) by striking ‘‘and benefits’’ and in23 serting ‘‘benefits’’, and 

24 (iii) by inserting ‘‘benefits under any 

25 other applicable Federal program, or any 


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1 other service (including technology and 

2 internet-based decision support tools) to 

3 assist consumers to learn about, to receive 

4 benefits under, and to participate in pro5 grams for which they may be eligible’’ 

6 after ‘‘(7 U.S.C. 2011 et seq.),’’, 

7 (B) in paragraph (26)(D)— 

8 (i) by striking ‘‘gaps in’’, 

9 (ii) by inserting ‘‘(including services 

10 that would permit such individuals to re11 ceive long-term care in home and commu12 nity-based settings)’’ after ‘‘individuals’’, 

13 and 

14 (iii) by striking ‘‘and’’ at the end, 

15 (C) in paragraph (27) by striking the pe16 riod at the end and inserting ‘‘; and’’, and 

17 (D) by addng at the end the following: 

18 ‘‘(28) make available to States information and 

19 technical assistance to support the provision of dis20 ease prevention and health promotion services.’’, and 

21 (2) by amending subsection (b) to read as fol22 lows: 

23 ‘‘(b) To promote the development and implementa24 tion of comprehensive, coordinated systems at Federal, 

25 State, and local levels for providing long-term care in 


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1 home and community-based settings, in a manner respon2 sive to the needs and preferences of older individuals and 

3 their family caregivers, the Assistant Secretary shall, con4 sistent with the applicable provisions of this title— 

5 ‘‘(1) collaborate, coordinate, and consult with 

6 other Federal agencies and departments responsible 

7 for formulating and implementing programs, bene8 fits, and services related to providing long-term care, 

9 and may make grants, contracts, and cooperative 

10 agreements with funds received from other Federal 

11 entities; 

12 ‘‘(2) conduct research and demonstration 

13 projects to identify innovative, cost-effective strate14 gies for modifying State systems of long-term care 

15 to— 

16 ‘‘(A) respond to the needs and preferences 

17 of older individuals and family caregivers; 

18 ‘‘(B) target services to individuals at risk 

19 for institutional placement, to permit such indi20 viduals to remain in home and community21 based care settings; and 

22 ‘‘(C) establish criteria and promote the im23 plementation (through service providers and 

24 such other entities as the Assistant Secretary 

25 determines to be appropriate) of evidence-based 


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1 programs to assist older individuals and their 

2 family caregivers in learning about and making 

3 behavioral changes intended to reduce the risk 

4 of injury, disease, and disability among older 

5 individuals; 

6 ‘‘(3) facilitate the provision of long-term care in 

7 home and community-based settings, including con8 sumer-directed models; 

9 ‘‘(4) provide for the Administration to play a 

10 lead role with respect to issues concerning home and 

11 community-based long-term care, including— 

12 ‘‘(A) directing (as the Secretary or the 

13 President determines to be appropriate) or oth14 erwise participating in departmental and inter15 departmental activities concerning long-term 

16 care; 

17 ‘‘(B) reviewing and commenting on depart18 mental rules, regulations, and policies related to 

19 providing long-term care; and 

20 ‘‘(C) making recommendations to the Sec21 retary with respect to home and community22 based long-term care, including recommenda23 tions based on findings made through projects 

24 conducted under paragraph (2); 


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1 ‘‘(5) promote, in coordination with other appro2 priate Federal agencies, enhanced awareness by the 

3 public of the importance of planning in advance for 

4 long-term care and the availability of information 

5 and resources to assist in such planning, and the im6 plementation of Aging and Disability Resource Cen7 ters; 

8 ‘‘(6) establish, either directly or through grants 

9 or contracts, a national technical assistance program 

10 to assist State agencies, area agencies on aging, and 

11 community-based service providers funded under this 

12 Act in implementing such home and community13 based long-term care systems including evidence14 based programs; 

15 ‘‘(7) develop, in collaboration with the Adminis16 trator of the Centers for Medicare and Medicaid 

17 Services, performance standards and measures for 

18 use by States to determine the extent to which their 

19 systems of long-term care fulfill the objectives de20 scribed in this subsection; and 

21 ‘‘(8) conduct such other activities as the Assist22 ant Secretary determines to be appropriate.’’. 

23 SEC. 4. FEDERAL AGENCY CONSULTATION. 

24 Section 203(a)(3)(A) of the Older Americans Act of 

25 1965 (42 U.S.C. 3013(a)(3)(A)) is amended by striking 


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1 ‘‘(with particular attention to low income minority individ2 uals and older individuals residing in rural areas)’’ and 

3 inserting ‘‘(with particular attention to low-income older 

4 individuals, including low-income minority older individ5 uals, older individuals with limited English proficiency, 

6 and older individuals residing in rural areas)’’. 

7 SEC. 5. ADMINISTRATION. 

8 Section 205 of the Older Americans Act of 1965 (42 

9 U.S.C. 3016) is amended— 

10 (1) in subsection (a)— 

11 (A) in paragraph (1)— 

12 (i) in subparagraph (B) by adding 

13 ‘‘and’’ at the end, 

14 (ii) in subparagraph (C) by adding ‘‘; 

15 and’’ at the end, 

16 (iii) in subparagraph (D) by striking 

17 the semicolon at the end and inserting a 

18 period, and 

19 (iv) by striking subparagraph (E), 

20 and 

21 (B) in paragraph (2)— 

22 (i) in subparagraph (A)— 

23 (I) by amending clause (i) to 

24 read as follows: 


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1 ‘‘(i) designing, implementing, and evaluating 

2 evidence-based programs to support improved nutri3 tion and regular physical activity for older individ4 uals;’’, 

5 (II) by amending clause (iii) to 

6 read as follows: 

7 ‘‘(iii) conducting outreach and disseminating 

8 evidence-based information to nutrition service pro9 viders about the benefits of healthful diets and reg10 ular physical activity, including information about 

11 the most current Dietary Guidelines for Americans 

12 published under section 301 of the National Nutri13 tion Monitoring and Related Research Act of 1990 

14 (7 U.S.C. 5341), the Food Guide Pyramid published 

15 jointly by the Secretary and the Secretary of Agri16 culture, and advances in nutrition science;’’, 

17 (III) in clause (vii) by striking 

18 ‘‘and’’ at the end, and 

19 (IV) by striking clause (viii) and 

20 inserting the following: 

21 ‘‘(viii) disseminating guidance that de22 scribes strategies for improving the nutritional 

23 quality of meals provided under title III, par24 ticularly strategies for increasing the consumpVerDate Aug 31 2005 02:11 May 05, 2006 Jkt 049196 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H5293.IH H5293

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1 tion of whole grains, lowfat dairy products, 

2 fruits and vegetables; 

3 ‘‘(ix) developing and disseminating guide4 lines for conducting nutrient analyses of meals 

5 provided in subparts 1 and 2 of part C, includ6 ing guidelines for averaging key nutrients over 

7 an appropriate period of time; and 

8 ‘‘(x) providing technical assistance to the 

9 regional offices of the Administration with re10 spect to each duty described in clauses (i) 

11 through (viii).’’, and 

12 (ii) by amending subparagraph (C)(i) 

13 to read as follows: 

14 ‘‘(i) have expertise in nutrition, energy balance, 

15 and meal planning; and’’. 

16 SEC. 6. EVALUATION. 

17 The 1st sentence of section 206(g) of the Older 

18 Americans Act of 1965 (42 U.S.C. 3017(g)) is amended 

19 to read as follows: 

20 ‘‘From the total amount appropriated for each fiscal year 

21 to carry out title III, the Secretary may use such sums 

as may be necessary, but not to exceed 1 22 ⁄2 of 1 percent 

23 of such amount, for purposes of conducting evaluations 

24 under this section, either directly or through grants or 

25 contracts.’’. 


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1 SEC. 7. REPORTS. 

2 Section 207(b)(2) of the Older Americans Act of 

3 1965 (42 U.S.C. 3018(b)(2)) is amended— 

4 (1) in subparagraph (B) by striking ‘‘Labor’’ 

5 and inserting ‘‘the Workforce’’, and 

6 (2) in subparagraph (C) by striking ‘‘Labor and 

7 Human Resources’’ and inserting ‘‘Health, Edu8 cation, Labor, and Pensions’’. 

9 SEC. 8. CONTRACTUAL, COMMERCIAL AND PRIVATE PAY 

10 RELATIONSHIPS; APPROPRIATE USE OF ACT 

11 FUNDS. 

12 (a) PRIVATE PAY RELATIONSHIPS; APPROPRIATE

13 USE OF ACT FUNDS.—Section 212 of the Older Ameri14 cans Act (42 U.S.C. 3020c) is amended to read as follows: 

15 ‘‘SEC. 212. CONTRACTING AND GRANT AUTHORITY; PRI16 VATE PAY RELATIONSHIPS; APPROPRIATE 

17 USE OF FUNDS. 

18 ‘‘(a) IN GENERAL.—Subject to subsection (b), this 

19 Act shall not be construed to prevent a recipient of a grant 

20 or a contract from entering into an agreement— 

21 ‘‘(1) with a profitmaking organization; 

22 ‘‘(2) under which funds provided under such 

23 grant or contract are used to pay part or all of a 

24 cost (including an administrative cost) incurred by 

25 such recipient to carry out a contract or commercial 

26 relationship for the benefit of older individuals or 


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1 their family caregivers, whether such relationship is 

2 carried out to implement a provision of this Act or 

3 to conduct activities inherently associated with im4 plementing such provision; or 

5 ‘‘(3) under which any individual, regardless of 

6 age or income (including the family caregiver of such 

7 individual), who seeks to receive 1 or more services 

8 pays, at their own private expense, to receive such 

9 services based on the fair market value of such serv10 ices. 

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

12 agreement described under subsection (a) may not— 

13 ‘‘(1) be made without the prior approval of the 

14 State agency (or, in the case of a grantee under title 

15 VI, without the prior recommendation of the Direc16 tor of the Office for American Indian, Alaska Na17 tive, and Native Hawaiian Aging and the prior ap18 proval of the Assistant Secretary); 

19 ‘‘(2) directly or indirectly provide for, or have 

20 the effect of, paying, reimbursing, or otherwise com21 pensating an entity under such agreement in an 

22 amount that exceeds the fair market value of the 

23 goods or services furnished by such entity under 

24 such agreement; 


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1 ‘‘(3) result in the displacement of services oth2 erwise available to an older individual with the 

3 greatest social need, an older individual with great4 est economic need, or an older individual who is at 

5 risk for institutional placement; or 

6 ‘‘(4) in any other way compromise, undermine, 

7 or be inconsistent with the objective of serving the 

8 needs of older individuals, as determined by the As9 sistant Secretary.’’. 

10 SEC. 9. NUTRITION EDUCATION. 

11 Section 214 of the Older Americans Act of 1965 (42 

12 U.S.C. 3020e) is amended to read as follows: 

13 ‘‘SEC. 214. NUTRITION EDUCATION. 

14 ‘‘The Assistant Secretary, in consultation with the 

15 Secretary of Agriculture, shall conduct outreach and pro16 vide technical assistance to agencies and organizations 

17 that serve older individuals to assist such agencies and or18 ganizations to carry out integrated health promotion and 

19 disease prevention programs that are designed for older 

20 individuals and that include nutrition education, physical 

21 activity, and other activities to modify behavior and to im22 prove health literacy through education and counseling in 

23 accordance with section 339(2)(J).’’. 


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1 SEC. 10. PENSION COUNSELING AND INFORMATION PRO2 GRAMS. 

3 Section 215 of the Older Americans Act of 1965 (42 

4 U.S.C. 3020e–1) is amended— 

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

6 income retirees’’ and inserting ‘‘, low-income retir7 ees, and older individuals with limited English pro8 ficiency’’, 

9 (2) in subsection (f) by amending paragraph (2) 

10 to read as follows: 

11 ‘‘(2) The ability of the entity to perform effec12 tive outreach to affected populations, particularly 

13 populations with limited English proficiency and 

14 other populations that are identified in need of spe15 cial outreach.’’, and 

16 (3) in subsection (h)(2) by inserting ‘‘(including 

17 individuals with limited English proficiency)’’ after 

18 ‘‘individuals’’. 

19 SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 

20 Section 216 of the Older Americans Act of 1965 (42 

21 U.S.C. 3020f) is amended— 

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

23 2003, 2004, and 2005’’ and inserting ‘‘2007, 2008, 

24 2009, 2010, and 2011.’’, and 


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1 (2) in subsections (b) and (c) by striking 

2 ‘‘year’’ and all that follows through ‘‘years’’, and in3 serting ‘‘years 2007, 2008, 2009, 2010, and 2011’’. 

4 SEC. 12. PURPOSE; ADMINISTRATION. 

5 Section 301(a)(2) of the Older Americans Act of 

6 1965 (42 U.S.C. 3021(a)(2)) is amended— 

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

8 the end 

9 (2) in subparagraph (E) by striking the period 

10 at the end and inserting ‘‘; and’’, and 

11 (3) by adding at the end the following: 

12 ‘‘(F) organizations with experience in providing 

13 senior volunteer services, such as Federal volunteer 

14 programs administered by the Corporation for Na15 tional and Community Service designed to provide 

16 training, placement, and stipends for volunteers in 

17 community service settings.’’. 

18 SEC. 13. AUTHORIZATION OF APPROPRIATIONS; USES OF 

19 FUNDS. 

20 Section 303 of the Older Americans Act of 1965 (42 

21 U.S.C. 3023) is amended— 

22 (1) in subsection (a)(1), (b), and (d) by striking 

23 ‘‘year 2001’’ and all that follows through ‘‘years’’ 

24 each place it appears, and inserting ‘‘years 2007, 

25 2008, 2009, 2010, and 2011’’, and 


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1 (2) in subsection (e)(1) by striking ‘‘2001’’ 

2 each place it appears and inserting ‘‘2007’’. 

3 SEC. 14. ORGANIZATION. 

4 Section 305(a) of the Older Americans Act of 1965 

5 (42 U.S.C. 3025(a)) is amended— 

6 (1) in paragraph (1)(E) by striking ‘‘(with par7 ticular attention to low income minority individuals 

8 and older individuals residing in rural areas)’’ each 

9 place it appears and inserting ‘‘(with particular at10 tention to low-income older individuals, including 

11 low-income minority older individuals, older individ12 uals with limited English proficiency, and older indi13 viduals residing in rural areas)’’, 

14 (2) in paragraph (2)(E) by striking ‘‘with par15 ticular attention to low income minority individuals 

16 and older individuals residing in rural areas’’ and in17 serting ‘‘with particular attention to low-income 

18 older individuals, including low-income minority 

19 older individuals, older individuals with limited 

20 English proficiency, and older individuals residing in 

21 rural areas’’, and 

22 (3) by adding at the end the following: 

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

24 section, promote the development and implementa25 tion of a comprehensive, coordinated system in such 


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1 State for providing long-term care in home and com2 munity-based settings, in a manner responsive to the 

3 needs and preferences of older individuals and their 

4 family caregivers, by— 

5 ‘‘(A) collaborating, coordinating, and con6 sulting with other agencies in such State re7 sponsible for formulating, implementing, and 

8 administering programs, benefits, and services 

9 related to providing long-term care; 

10 ‘‘(B) participating in any State govern11 ment activities concerning long-term care, in12 cluding reviewing and commenting on any State 

13 rules, regulations, and policies related thereto; 

14 ‘‘(C) conducting analyses and making rec15 ommendations with respect to strategies for 

16 modifying the State’s system of long-term care 

17 to better— 

18 ‘‘(i) respond to the needs and pref19 erences of older individuals and family 

20 caregivers; 

21 ‘‘(ii) facilitate the provision of long22 term care in home and community-based 

23 settings through service providers; 

24 ‘‘(iii) target services to individuals at 

25 risk for institutional placement, to permit 


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1 such individuals to remain in home and 

2 community-based care settings; and 

3 ‘‘(iv) implement (through area agen4 cies on aging, service providers, and such 

5 other entities as the State determines to be 

6 appropriate) evidence-based programs to 

7 assist older individuals and their family 

8 caregivers in learning about and making 

9 behavioral changes intended to reduce the 

10 risk of injury, disease, and disability 

11 among older individuals; and 

12 ‘‘(D) providing for the availability and dis13 tribution (through public education campaigns, 

14 aging and disability resource centers, area 

15 agencies on aging, and other appropriate 

16 means) of information relating to— 

17 ‘‘(i) the need to plan in advance for 

18 long-term care; and 

19 ‘‘(ii) the range of available public and 

20 private long-term care programs, options, 

21 and resources.’’. 

22 SEC. 15. AREA PLANS. 

23 Section 306 of the Older Americans Act of 1965 (42 

24 U.S.C. 3026) is amended— 

25 (1) in subsection (a)— 


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1 (A) in paragraph (1)— 

2 (i) by striking ‘‘(with particular atten3 tion to low income minority individuals and 

4 older individuals residing in rural areas)’’ 

5 each place it appears and inserting ‘‘(with 

6 particular attention to low-income older in7 dividuals, low-income minority older indi8 viduals, older individuals with limited 

9 English proficiency, and older individuals 

10 residing in rural areas)’’, and 

11 (ii) by inserting ‘‘the number of older 

12 individuals at risk for institutional place13 ment residing in such area,’’ after ‘‘indi14 viduals) residing in such area,’’, 

15 (B) in paragraph (4)— 

16 (i) in subparagraph (A)— 

17 (I) by amending clause (i) to 

18 read as follows: 

19 ‘‘(i) provide assurances that the area agency on 

20 aging will— 

21 ‘‘(I) set specific objectives, consistent with 

22 State policy, for providing services to older indi23 viduals with greatest economic need, older indi24 viduals with greatest social need, and older in25 dividuals at risk for institutional placement; 


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1 ‘‘(II) include in the area plan specific ob2 jectives for providing services to low-income mi3 nority older individuals and older individuals re4 siding in rural areas; and 

5 ‘‘(III) include in the area plan proposed 

6 methods to achieve such objectives;’’. and 

7 (II) in clause (ii) by inserting 

8 ‘‘(including older individuals with lim9 ited English proficiency)’’ after ‘‘low 

10 income minority individuals’’ each 

11 place it appears; and 

12 (ii) in subparagraph (B)— 

13 (I) by moving the left margin of 

14 each of subparagraph (B), clauses (i) 

15 and (ii), and subclauses (I) through 

16 (VI) of clause (i), 2 ems to the left, 

17 (II) in clause (i)— 

18 (aa) in subclause (V) by 

19 striking ‘‘and’’ at the end; and 

20 (bb) by adding at the end 

21 the following: 

22 ‘‘(VI) older individuals at risk for 

23 institutional placement; and’’, and 

24 (III) by striking ‘‘(VI)’’ and in25 serting ‘‘(VII)’’, 


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1 (C) in paragraph (5) by inserting ‘‘and in2 dividuals at risk for institutional placement’’ 

3 after ‘‘severe disabilities’’, 

4 (D) in paragraph (6)— 

5 (i) in subparagraph (C)— 

6 (I) in clause (i) by striking 

7 ‘‘and’’ at the end, 

8 (II) in clause (ii) by adding 

9 ‘‘and’’ at the end, and 

10 (III) by inserting after clause (ii) 

11 the following: 

12 ‘‘(iii) make use of trained volunteers 

13 in providing direct services delivered to el14 derly and disabled individuals needing such 

15 care and, if possible, work in coordination 

16 with volunteer programs (including pro17 grams administered by the Corporation for 

18 National Service) designed to provide 

19 training, placement, and stipends for vol20 unteers in community service settings.’’. 

21 (ii) in subparagraph (D)— 

22 (I) by inserting ‘‘family care23 givers of such individuals,’’ after 

24 ‘‘Act,’’. and 


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1 (II) by inserting ‘‘service pro2 viders, the business community,’’ after 

3 ‘‘individuals,’’, 

4 (E) by amending paragraph (7) to read as 

5 follows: 

6 ‘‘(7) provide that the area agency on aging 

7 shall, consistent with this section, facilitate the area8 wide development and implementation of a com9 prehensive, coordinated system for providing long10 term care in home and community-based settings, in 

11 a manner responsive to the needs and preferences of 

12 older individuals and their family caregivers, by— 

13 ‘‘(A) collaborating, coordinating, and con14 sulting with other local public and private agen15 cies and organizations responsible for admin16 istering programs, benefits, and services related 

17 to providing long-term care; 

18 ‘‘(B) conducting analyses and making rec19 ommendations with respect to strategies for 

20 modifying the local system of long-term care to 

21 better— 

22 ‘‘(i) respond to the needs and pref23 erences of older individuals and family 

24 caregivers; 


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1 ‘‘(ii) facilitate the provision, through 

2 service providers, of long-term care in 

3 home and community-based settings; 

4 ‘‘(iii) target services to older individ5 uals at risk for institutional placement, to 

6 permit such individuals to remain in home 

7 and community-based care settings; and 

8 ‘‘(iv) implement, through the agency 

9 or service providers, evidence-based pro10 grams to assist older individuals and their 

11 family caregivers in learning about and 

12 making behavioral changes intended to re13 duce the risk of injury, disease, and dis14 ability among older individuals; and 

15 ‘‘(C) provide for the availability and dis16 tribution (through public education campaigns, 

17 aging and disability resource centers, and other 

18 appropriate means) of information relating to— 

19 ‘‘(i) the need to plan in advance for 

20 long-term care; and 

21 ‘‘(ii) the range of available public and 

22 private long-term care programs, options, 

23 and resources.’’. 

24 (F) by striking paragraph (14) and the 2 

25 paragraphs (15), 


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1 (G) by redesignating paragraph (16) as 

2 paragraph (14), and 

3 (H) by adding at the end the following: 

4 ‘‘(15) provide assurances that funds received 

5 under this title will be used— 

6 ‘‘(A) in a manner, consistent with para7 graph (4), that gives priority in furnishing ben8 efits and services to older individuals with 

9 greatest economic need, older individuals with 

10 greatest social need, and older individuals at 

11 risk for institutional placement; and 

12 ‘‘(B) in compliance with the assurances 

13 specified in paragraph (13) and the limitations 

14 specified in section 212(b), and 

15 ‘‘(16) provide, to the maximum extent feasible, 

16 for the furnishing of services under this Act con17 sistent with self-directed care.’’, 

18 (2) by redesignating subsections (b), (c), (d), 

19 and (e) as subsections (c), (d), (e), and (f), and 

20 (3) by inserting after subsection (a) the fol21 lowing: 

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

23 area plan an assessment of how prepared the planning and 

24 service area is for change in the number of older individual 

25 during the 10-year period following the fiscal year for 


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1 which the plan is submitted. Such assessment may in2 clude— 

3 ‘‘(A) the projected change in the number 

4 of older individuals in the planning and service 

5 area; 

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

7 affect such individuals, including such individ8 uals with low incomes, such individuals with 

9 greatest economic need, minority older individ10 uals, older individuals residing in rural areas, 

11 and older individuals with limited English pro12 ficiency; 

13 ‘‘(C) an analysis of how the programs, 

14 policies, and services provided by such area 

15 agency can be improved, and how resource lev16 els can be adjusted to meet the needs of the 

17 changing population of older individuals in the 

18 planning and service area; and 

19 ‘‘(D) an analysis of how the change in the 

20 number of individuals 85 years of age and older 

21 is expected to affect the need for supportive 

22 services. 

23 ‘‘(2) An area agency on aging, in cooperation with 

24 government officials, State agencies, tribal organizations, 

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1 ment officials in the planning and service area and the 

2 State, on actions determined by the area agency to build 

3 the capacity in the planning and service area to meet the 

4 needs of older individuals for— 

5 ‘‘(A) health and human services; 

6 ‘‘(B) land use; 

7 ‘‘(C) housing; 

8 ‘‘(D) transportation; 

9 ‘‘(E) public safety; 

10 ‘‘(F) workforce and economic development; 

11 ‘‘(G) recreation; 

12 ‘‘(H) education; 

13 ‘‘(I) civic engagement; and 

14 ‘‘(J) any other service as determined by such 

15 agency.’’. 

16 SEC. 16. STATE PLANS. 

17 Section 307(a) of the Older Americans Act of 1965 

18 (42 U.S.C. 3027(a)) is amended— 

19 (1) in paragraph (4) by striking ‘‘with par20 ticular attention to low income minority individuals 

21 and older individuals residing in rural areas’’ and in22 serting ‘‘low-income minority older individuals, older 

23 individuals with limited English proficiency, and 

24 older individuals residing in rural areas’’, 

25 (2) by striking paragraph (15), 


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1 (3) by redesignating paragraph (14) as para2 graph (15), 

3 (4) by inserting after paragraph (13) the fol4 lowing: 

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

6 year preceding the fiscal year for which such plan is 

7 prepared— 

8 ‘‘(A) identify the number of low-income 

9 minority older individuals in the State, includ10 ing the number of low-income older individuals 

11 with limited English proficiency; and 

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

13 the service needs of such minority older individ14 uals, including the plan to service the needs of 

15 older individuals with limited English pro16 ficiency.’’, 

17 (5) in clauses (ii) and (iii) of paragraph (16)(A) 

18 by striking ‘‘(with particular attention to low income 

19 minority individuals and older individuals residing in 

20 rural areas)’’ each place it appears and inserting 

21 ‘‘(with particular attention to low-income older indi22 viduals, low-income minority older individuals, older 

23 individuals with limited English proficiency, and 

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

25 (6) by adding at the end the following: 


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1 ‘‘(27) The plan shall provide assurances that 

2 area agencies on aging will, to the maximum extent 

3 feasible, provide for the furnishing of services under 

4 this Act consistent with self-directed care.’’. 

5 SEC. 17. PAYMENTS. 

6 Section 309(b)(2) of the Older Americans Act of 

7 1965 (42 U.S.C. 3029(b)(2)) is amended by striking ‘‘the 

8 non-Federal share required prior to fiscal year 1981’’ and 

9 inserting ‘‘10 percent of the cost of the services specified 

10 in such section 304(d)(1)(D)’’. 

11 SEC. 18. CONSUMER CONTRIBUTIONS. 

12 Section 315 of the Older Americans Act of 1965 (42 

13 U.S.C. 3030c–2) is amended-— 

14 (1) in subsection (b)— 

15 (A) in paragraph (1) by striking ‘‘provided 

16 that’’ and inserting ‘‘, and such contributions 

17 shall be encouraged for individuals whose self18 declared income is at or above 125 percent of 

19 the poverty line and may be requested at con20 tribution levels based on the actual cost of serv21 ices, if’’, and 

22 (B) in paragraph (4)(E) by inserting ‘‘and 

23 to supplement (not supplant) funds received 

24 under this Act’’ after ‘‘given’’. 


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1 (2) in subsection (c)(2) by striking ‘‘(with par2 ticular attention to low income minority individuals 

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

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

5 older individuals, including low-income minority 

6 older individuals, older individuals with limited 

7 English proficiency, and older individuals residing in 

8 rural areas)’’, and 

9 (3) in subsection (d) by striking ‘‘with par10 ticular attention to low income minority individuals 

11 and older individuals residing in rural areas’’ and in12 serting ‘‘, with particular attention to low-income 

13 older individuals, including low-income minority 

14 older individuals, older individuals with limited 

15 English proficiency, and older individuals residing in 

16 rural areas’’. 

17 SEC. 19. NUTRITION SERVICE. 

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

19 Americans Act of 1965 (42 U.S.C. 3030e–3030g–22), in20 sert the following: 

21 ‘‘SEC. 330. PURPOSE. 

22 ‘‘It is the purpose of this part to promote socializa23 tion and the health and well-being of older individuals by 

24 assisting such individuals to gain access to disease preven25 tion and health promotion services (including information, 


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1 nutrition services, and programs of physical activity) to 

2 delay the onset of health conditions resulting from poor 

3 nutritional health or sedentary behavior.’’. 

4 SEC. 20. CONGREGATE NUTRITION PROGRAM. 

5 Section 331 of the Older Americans Act of 1965 (42 

6 U.S.C. 3030e) is amended— 

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

8 ‘‘projects that—’’, 

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

10 (3) in paragraph (2)— 

11 (A) by striking ‘‘which’’, and 

12 (B) by striking ‘‘and’’ at the end, 

13 (4) by striking paragraph (3) and inserting the 

14 following: 

15 ‘‘(3) provide nutrition education, nutrition 

16 counseling, and other nutrition services, as appro17 priate, based on the needs of meal participants; and 

18 ‘‘(4) may provide along with a meal described 

19 in (1), a multivitamin-mineral supplement as an ad20 dition to such meal.’’. 

21 SEC. 21. HOME DELIVERED NUTRITION SERVICES. 

22 Section 336 of the Older Americans Act of 1965 (42 

23 U.S.C. 3030f) is amended to read as follows: 


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1 ‘‘SEC. 336 PROGRAM AUTHORIZED. 

2 ‘‘The Assistant Secretary shall establish and carry 

3 out a program to make grants to States under State plans 

4 approved under section 307 for the establishment and op5 eration of nutrition projects for older individuals which 

6 provide, on 5 or more days a week (except in a rural area 

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

8 Assistant Secretary by rule) and a lesser frequency is ap9 proved by the State agency)— 

10 ‘‘(1) at least 1 home delivered meal per day 

11 consisting of hot, cold, frozen, dried, canned, fresh, 

12 or supplemental foods and any additional meals that 

13 the recipient of a grant or contract under this sub14 part elects to provide; and 

15 ‘‘(2) nutrition education, nutrition counseling, 

16 and other nutrition services as appropriate, based on 

17 the needs of meal recipients.’’. 

18 SEC. 22. CRITERIA. 

19 Section 337 of the Older Americans Act of 1965 (42 

20 U.S.C. 3030g) is amended to read as follows: 

21 ‘‘SEC. 337. CRITERIA. 

22 ‘‘The Assistant Secretary, in consultation with ex23 perts in the field of nutrition science, dietetics, meal plan24 ning and food service management, and aging, shall de25 velop minimum criteria of efficiency and quality for the 


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1 furnishing of home delivered meal services for projects de2 scribed in section 336.’’. 

3 SEC. 23. NUTRITION. 

4 Section 339 of the Older Americans Act of 1965 (42 

5 U.S.C. 3030g–21) is amended— 

6 (1) by amending paragraph (1) to read as fol7 lows: 

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

9 individual with equivalent education and training in 

10 nutrition science, or if such an individual is not 

11 available, an individual with comparable expertise in 

12 the planning of nutritional services, and’’, and 

13 (2) in paragraph (2)— 

14 (A) in subparagraph (A)— 

15 (i) by amending clause (i) to read as 

16 follows: 

17 ‘‘(i) comply with the most recent Die18 tary Guidelines for Americans, published 

19 by the Secretary and the Secretary of Ag20 riculture, and’’, and 

21 (ii) in clause (ii) by striking ‘‘daily 

22 recommended dietary allowances as’’ and 

23 inserting ‘‘dietary reference intakes’’, 

24 (B) in subparagraph (D)— 


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1 (i) by inserting ‘‘joint’’ after ‘‘encour2 ages’’, and 

3 (ii) by inserting ‘‘shared’’ after ‘‘pro4 mote’’, 

5 (C) by amending subparagraph (G) to read 

6 as follows: 

7 ‘‘(G) ensures that local meal providers so8 licit the advice and expertise of— 

9 ‘‘(i) a dietitian or, if a dietitian is not 

10 available, an individual with comparable 

11 expertise in the planning of nutrition and 

12 food services, 

13 ‘‘(ii) meal participants, and 

14 ‘‘(iii) other individuals knowledgeable 

15 with regard to the needs of older individ16 uals,’’, and 

17 (D) by amending subparagraph (J) to read 

18 as follows: 

19 ‘‘(J) provide for nutrition screening and 

20 nutrition education, and nutrition assessment 

21 and counseling if appropriate.’’. 

22 SEC. 24. CAREGIVER SUPPORT PROGRAM. 

23 Section 373 of the National Family Support Care24 giver Act (42 U.S.C. 3030s–1) is amended— 


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1 (1) in subsection by (b)(3) by striking ‘‘care2 givers to assist’’ and all that follows through the end 

3 and inserting the following: ‘‘assist the caregivers in 

4 the areas of health, nutrition, and financial literacy, 

5 and in making decisions and solving problems relat6 ing to their caregiving roles;’’, 

7 (2) by amending subsection (d) to read as fol8 lows: 

9 ‘‘(d) USE OF VOLUNTEERS.—In carrying out this 

10 subpart, each area agency on aging shall encourage the 

11 use of trained volunteers to expand the available services 

12 described in subsection (b) and shall, if possible, coordi13 nate with volunteer programs (including programs admin14 istered by the Corporation for National Service) designed 

15 to provide training, placement, and stipends for volunteers 

16 in community service settings.’’. 

17 (3) in subsection (f)(1) by striking ‘‘2001 

18 through 2005’’ and inserting ‘‘2007, 2008, 2009, 

19 2010, and 2011’’. 

20 SEC. 25. GRANT PROGRAMS. 

21 Section 411 of the Older Americans Act of 1965 (42 

22 U.S.C. 3032) is amended— 

23 (1) in subsection (a)— 


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1 (A) by redesignating paragraphs (6), (7), 

2 (8), and (9) as paragraphs (7), (8), (9), and 

3 (10), and 

4 (B) by inserting after paragraph (5) the 

5 following: 

6 ‘‘(6) efforts to assess the aging population and 

7 to facilitate planning and coordination between State 

8 and local agencies to meet the needs of older individ9 uals in the community; and’’. 

10 (2) in subsection (b) by striking ‘‘year’’ and all 

11 that follows through ‘‘years’’, and inserting ‘‘years 

12 2007, 2008, 2009, 2010, and 2011’’. 

13 SEC. 26. CAREER PREPARATION FOR THE FIELD OF AGING. 

14 Section 412(a) of the Older Americans Act of 1965 

15 (42 U.S.C. 3032a(a)) is amended by amending subsection 

16 (a) to read as follows: 

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

18 grants to institutions of higher education, including his19 torically Black colleges or universities, Hispanic serving 

20 institutions, and Hispanic Centers of Excellence in Ap21 plied Gerontology, to provide education and training that 

22 prepares students for careers in the field of aging.’’. 


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1 SEC. 27. DEMONSTRATION PROJECTS FOR 

2 MULTIGENERATIONAL ACTIVITIES. 

3 Section 417(c)(2) of the Older Americans Act of 

4 1965 (42 U.S.C. 3032f(c)(2)) is amended by striking 

5 ‘‘(with particular attention to low income minority individ6 uals and older individuals residing in rural areas)’’ and 

7 inserting ‘‘(with particular attention to low-income older 

8 individuals, including low-income minority older individ9 uals, older individuals with limited English proficiency, 

10 and older individuals residing in rural areas)’’. 

11 SEC. 28. COMMUNITY SERVICE EMPLOYMENT-BASED 

12 TRAINING FOR OLDER AMERICANS. 

13 Title V of the Older Americans Act of 1965 (42 

14 U.S.C. 3056 et seq.) is amended to read as follows: 

15 ‘‘TITLE V—COMMUNITY SERVICE 

16 EMPLOYMENT-BASED TRAIN17 ING FOR OLDER AMERICANS 

18 ‘‘SEC. 501. SHORT TITLE. 

19 ‘‘This title may be cited as the ‘Older American Com20 munity Service Employment-Based Training Act’. 

21 ‘‘SEC. 502. OLDER AMERICAN COMMUNITY SERVICE EM22 PLOYMENT-BASED TRAINING PROGRAM. 

23 ‘‘(a) To foster individual economic self-sufficiency 

24 and to increase the number of individuals who may enjoy 

25 the benefits of unsubsidized employment in both the public 

26 and private sectors, the Secretary of Labor (hereafter in 


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1 this title referred to as the ‘Secretary’) may establish an 

2 older American community service employment-based 

3 training program to foster and promote useful part-time 

4 public and private-sector training opportunities for unem5 ployed low-income eligible individuals who have poor em6 ployment prospects and to provide vital social and human 

7 services to communities through the placement of low-in8 come individuals in community service activities. 

9 ‘‘(b)(1) To carry out this title, the Secretary may 

10 make grants to public and nonprofit agencies and organi11 zations, agencies of a State, and tribal organizations to 

12 carry out the program established under subsection (a). 

13 Such grants may provide for the payment of costs, as pro14 vided in subsection (c), of projects developed by such orga15 nizations and agencies in cooperation with the Secretary 

16 in order to make such program effective or to supplement 

17 such program. No payment shall be made by the Secretary 

18 toward the cost of any project established or administered 

19 by any organization or agency unless the Secretary deter20 mines that such project— 

21 ‘‘(A) will provide authorized activities, including 

22 community service employment-based training, only 

23 for eligible individuals; 

24 ‘‘(B)(i) will provide authorized activities, includ25 ing community service employment-based training, 


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1 for eligible individuals in the community in which 

2 such individuals reside, or in nearby communities; or 

3 ‘‘(ii) if such project is carried out by a tribal or4 ganization that receives a grant under this sub5 section or receives assistance from a State that re6 ceives a grant under this subsection, will provide au7 thorized activities, including community service em8 ployment-based training for such individuals, includ9 ing those who are Indians residing on an Indian res10 ervation, as defined in section 2601(2) of the En11 ergy Policy Act of 1992 (25 U.S.C. 3501(2)); 

12 ‘‘(C) together with any other such project car13 ried out by such grantee under this title, will ensure 

14 that the average duration of participation in the pro15 gram under this title by the participants served by 

16 the grantee during any program year will not be in 

17 excess of 24 months; 

18 ‘‘(D) will provide employment-based training to 

19 eligible individuals in service related to publicly 

20 owned and operated facilities and projects, or 

21 projects sponsored by profitmaking or nonprofit or22 ganizations (excluding political parties exempt from 

23 taxation under section 501(c)(3) of the Internal Rev24 enue Code of 1986), but excluding projects involving 

25 the construction, operation, or maintenance of any 


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1 facility used or to be used as a place for sectarian 

2 religious instruction or worship; 

3 ‘‘(E) will contribute to the general welfare of 

4 the community, which may include support for chil5 dren, youth, and families; 

6 ‘‘(F) is intended to result in unsubsidized em7 ployment for eligible individuals after completion of 

8 such program; 

9 ‘‘(G)(i) will not reduce the number of job oppor10 tunities or vacancies that would otherwise be avail11 able to individuals not participating in such pro12 gram; 

13 ‘‘(ii) will not displace currently employed work14 ers (including partial displacement, such as a reduc15 tion in the hours of non-overtime work, wages, or 

16 employment benefits); 

17 ‘‘(iii) will not impair existing contracts or result 

18 in the substitution of Federal funds for other funds 

19 in connection with work that would otherwise be per20 formed; and 

21 ‘‘(iv) will not place an eligible individual in em22 ployment-based training to perform work the same 

23 or substantially the same work as that performed by 

24 any other individual who is on layoff; 


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1 ‘‘(H) will coordinate with training and other 

2 services provided under title I of the Workforce In3 vestment Act, including utilizing the One-Stop deliv4 ery system to recruit eligible individuals to ensure 

5 that the maximum number of eligible individuals will 

6 have an opportunity to participate in the project; 

7 ‘‘(I) will include such training (such as commu8 nity service employment-based training, work experi9 ence, on-the-job training, and classroom training) as 

10 may be necessary to make the most effective use of 

11 the skills and talents of those individuals who are 

12 participating; 

13 ‘‘(J) will ensure that safe and healthy condi14 tions of the employment-based training facility or 

15 other training facility will be provided, and will en16 sure that individuals employed in community service 

17 and other jobs assisted under this title shall be paid 

18 wages that shall not be lower than whichever is the 

19 highest of— 

20 ‘‘(i) the minimum wage that would be ap21 plicable to the employee under the Fair Labor 

22 Standards Act of 1938, if section 6(a)(1) of 

23 such Act applied to the participant and if the 

24 participant were not exempt under section 13 

25 thereof; 


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1 ‘‘(ii) the State or local minimum wage for 

2 the most nearly comparable covered employ3 ment; or 

4 ‘‘(iii) the prevailing rates of pay for indi5 viduals employed in similar occupations by the 

6 same employer; 

7 ‘‘(K) will be established or administered with 

8 the advice of persons competent in the field of serv9 ice in which job training is being provided, and of 

10 persons who are knowledgeable about the needs of 

11 older individuals; 

12 ‘‘(L) will authorize payment for necessary sup13 portive service costs, (including transportation costs) 

14 of eligible individuals that may be incurred in train15 ing in any project funded under this title, in accord16 ance with rules issued by the Secretary; 

17 ‘‘(M) will ensure that, to the extent feasible, 

18 such project will serve the needs of minority, limited 

19 English-speaking, and Indian eligible individuals, 

20 and eligible individuals who have the greatest eco21 nomic need, at least in proportion to their numbers 

22 in the State and take into consideration their rates 

23 of poverty and unemployment; 

24 ‘‘(N)(i) will prepare an assessment of the par25 ticipants’ skills and talents and their needs for servVerDate Aug 31 2005 02:11 May 05, 2006 Jkt 049196 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\H5293.IH H5293

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1 ices, except to the extent such project has, for the 

2 participant involved, recently prepared an assess3 ment of such skills and talents, and such needs, pur4 suant to another employment or training program 

5 (such as a program under the Workforce Investment 

6 Act of 1998 (29 U.S.C. 2801 et seq.), the Carl D. 

7 Perkins Vocational and Technical Education Act of 

8 1998 (20 U.S.C. 2301 et seq.), or part A of title IV 

9 of the Social Security Act (42 U.S.C. 601 et seq.)); 

10 ‘‘(ii) will provide training and employment 

11 counseling to eligible individuals based on strategies 

12 that identify appropriate employment objectives and 

13 the need for supportive services, developed as a re14 sult of the assessment and service strategy provided 

15 for in clause (i), and provide other appropriate infor16 mation regarding such program; and 

17 ‘‘(iii) will provide counseling to participants on 

18 their progress in meeting such objectives and satis19 fying their need for supportive services; 

20 ‘‘(O) will provide appropriate services for par21 ticipants through the One-Stop delivery system as 

22 established under section 134(c) of the Workforce 

23 Investment Act of 1998 (29 U.S.C. 2864(c)), and 

24 will be involved in the planning and operations of 

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1 standing with the local workforce investment board 

2 in accordance with section 121(c) of such Act (29 

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

4 ‘‘(P) will post in such project workplace a no5 tice, and will make available to each person associ6 ated with such project a written explanation— 

7 ‘‘(i) clarifying the law with respect to polit8 ical activities allowable and unallowable under 

9 chapter 15 of title 5, United States Code, appli10 cable to the project and to each category of in11 dividuals associated with such project; and 

12 ‘‘(ii) containing the address and telephone 

13 number of the Inspector General of the Depart14 ment of Labor, to whom questions regarding 

15 the application of such chapter may be ad16 dressed; 

17 ‘‘(Q) will provide to the Secretary the descrip18 tion and information described in— 

19 ‘‘(i) paragraph (8), relating to coordination 

20 with other Federal programs, of section 112(b) 

21 of the Workforce and Investment Act of 1998; 

22 and 

23 ‘‘(ii) paragraph (14), relating to implemen24 tation of One-Stop delivery systems, of section 


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1 112(b) of the Workforce Investment Act of 

2 1998; and 

3 ‘‘(R) will ensure that entities that carry out ac4 tivities under the project (including State agencies, 

5 local entities, subgrantees, subcontractors) and affili6 ates of such entities receive an amount of the admin7 istrative cost allocation determined by the Secretary 

8 to be sufficient. 

9 ‘‘(2) The Secretary may establish, issue, and amend 

10 such regulations as may be necessary to effectively carry 

11 out this title. 

12 ‘‘(3)(A) An assessment and service strategy required 

13 by paragraph (1) to be prepared for an eligible individual 

14 shall satisfy any condition for an assessment and service 

15 strategy or individual employment plan for an adult par16 ticipant under subtitle B of title I of the Workforce Invest17 ment Act of 1998 (29 U.S.C. 2811 et seq.), in order to 

18 determine whether such eligible individual also qualifies 

19 for intensive or training services described in section 

20 134(d) of such Act (29 U.S.C. 2864(d)). 

21 ‘‘(B) An assessment and service strategy or indi22 vidual employment plan prepared under subtitle B of title 

23 I of the Workforce Investment Act of 1998 (29 U.S.C. 

24 2811 et seq.) for an eligible individual may be used to 


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1 comply with the requirement specified in subparagraph 

2 (A). 

3 ‘‘(c)(1) The Secretary may pay a share not to exceed 

4 90 percent of the cost of any project for which a grant 

5 is made under subsection (b), except that the Secretary 

6 may pay all of such cost if such project is— 

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

8 ‘‘(B) a project located in an economically de9 pressed area, as determined by the Secretary in con10 sultation with the Secretary of Commerce and the 

11 Secretary of Health and Human Services. 

12 ‘‘(2) The non-Federal share shall be in cash or in 

13 kind. In determining the amount of the non-Federal share, 

14 the Secretary may attribute fair market value to services 

15 and facilities contributed from non-Federal sources. 

16 ‘‘(3) Of the amount to be paid under this subsection 

17 by the Secretary for a project, not to exceed 13.5 percent 

18 shall be available for any fiscal year to pay the administra19 tive costs of such project, except that— 

20 ‘‘(A) the Secretary may increase the amount 

21 available to pay administrative costs to an amount 

22 not to exceed 15 percent of the cost of such project 

23 if the Secretary determines, based on information 

24 submitted by the grantee under subsection (b), that 


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1 such increase is necessary to carry out such project; 

2 and 

3 ‘‘(B) if the grantee under subsection (b) dem4 onstrates to the Secretary that— 

5 ‘‘(i) major administrative cost increases 

6 are being incurred in necessary program compo7 nents, including liability insurance, payments 

8 for workers’ compensation, costs associated 

9 with achieving unsubsidized placement goals, 

10 and other operation requirements imposed by 

11 the Secretary; 

12 ‘‘(ii) the number of positions in the project 

13 or the number of minority eligible individuals 

14 participating in the project will decline if the 

15 amount available to pay administrative costs is 

16 not increased; or 

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

18 the amount of administrative costs incurred to 

19 carry out the project necessarily exceeds 13.5 

20 percent of the cost of such project; 

21 the Secretary shall increase the amount available for 

22 such fiscal year to pay administrative costs to an 

23 amount not to exceed 15 percent of the cost of such 

24 project. 


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1 ‘‘(4) Administrative costs are the costs, both per2 sonnel and non-personnel and both direct and indirect, as3 sociated with the following: 

4 ‘‘(A) The costs of performing general adminis5 trative functions and of providing for the coordina6 tion of functions, such as— 

7 ‘‘(i) accounting, budgeting, financial, cash 

8 management and related data processing; 

9 ‘‘(ii) quality assurance; 

10 ‘‘(iii) preparing program plans; 

11 ‘‘(iv) procurement and purchasing; 

12 ‘‘(v) property management; 

13 ‘‘(vi) personnel management, including 

14 personnel administration, administration of af15 firmative action plans, and training and staff 

16 development; 

17 ‘‘(vii) administrative salaries, including 

18 clerical and other support staff salaries; 

19 ‘‘(viii) payroll functions; 

20 ‘‘(ix) coordinating the resolution of find21 ings arising from audits, reviews, investigations, 

22 and incident reports; 

23 ‘‘(x) audit; 

24 ‘‘(xi) general legal services; 


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1 ‘‘(xii) developing systems and procedures, 

2 including information systems, required for ad3 ministrative functions; 

4 ‘‘(xiii) preparing reports; and 

5 ‘‘(xiv) other activities necessary for the 

6 general administration of government funds and 

7 associated programs. 

8 ‘‘(B) The costs of performing oversight and 

9 monitoring responsibilities. 

10 ‘‘(C) The costs of goods and services required 

11 for administrative functions of such program, includ12 ing goods and services such as rental or purchase of 

13 equipment, utilities, office supplies, postage, and 

14 rental and maintenance of office space. 

15 ‘‘(D) The travel costs incurred for official busi16 ness in carrying out such program, excluding travel 

17 costs related to providing services. 

18 ‘‘(E) The costs of information systems related 

19 to personnel, procurement, purchasing, property 

20 management, accounting, and payroll systems), in21 cluding the purchase, systems development, and op22 erating costs of such systems. 

23 ‘‘(F) The costs of technical assistance, profes24 sional organization membership dues, removal of ar25 chitectural barriers, operating and maintaining asVerDate Aug 31 2005 02:11 May 05, 2006 Jkt 049196 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\H5293.IH H5293

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1 sistive technology, and evaluating program results 

2 against stated objectives. 

3 ‘‘(5) To the extent practicable, an entity that carries 

4 out a project under this title shall provide for the payment 

5 of the expenses described in paragraph (4) from non-Fed6 eral sources. 

7 ‘‘(6)(A) Amounts made available for a project under 

8 this title that are not used to pay for the administrative 

9 costs shall be used to pay for the costs of programmatic 

10 activities, including— 

11 ‘‘(i) participant wages, such benefits as are re12 quired by law (such as workers compensation or un13 employment compensation) the costs of physical ex14 aminations, compensation for scheduled work hours 

15 during which an employer is closed for a Federal 

16 holiday, and necessary sick leave that is not part of 

17 an accumulated sick leave program, except that no 

18 amounts provided under this title may be used to 

19 pay the cost of pension benefits, annual leave, accu20 mulated sick leave, or bonuses; 

21 ‘‘(ii) participant training (including the pay22 ment of reasonable costs of instructors, classroom 

23 rental, training supplies, materials, equipment, and 

24 tuition) which may be provided prior to or subse25 quent to placement and which may be provided on 


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1 the job, in a classroom setting or pursuant to other 

2 appropriate arrangements; 

3 ‘‘(iii) job placement assistance, including job de4 velopment and job search assistance; 

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

6 participant to successfully participate in a project 

7 under this title, which may include the payment of 

8 reasonable costs of transportation, special job-related 

9 or personal counseling, incidentals (such as work 

10 shoes, badges, uniforms, eyeglasses, and tools), child 

11 and adult care, temporary shelter, and follow-up 

12 services; and 

13 ‘‘(v) outreach, recruitment, and selection, in14 take, orientation, and assessments. 

15 ‘‘(B) Not less than 65 percent of the funds made 

16 available under a grant made under this title (excluding 

17 a grant made under subsection (d)) shall be used to pay 

18 wages and benefits for eligible individuals who are em19 ployed under projects carried out under this title. 

20 ‘‘(d) PILOT, DEMONSTRATION, AND EVALUATION

21 PROJECTS.—The Secretary shall use funds reserved under 

22 section 506(a)(1) to carry out demonstration projects, 

23 pilot projects, and evaluation projects, for the purpose of 

24 developing and implementing techniques and approaches, 

25 and demonstrating the effectiveness of the specialized 


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1 methods, in addressing the employment and training 

2 needs of older workers. Such projects may include— 

3 ‘‘(1) activities linking businesses and older 

4 workers, including assistance to participants 

5 transitioning from subsidized activities to private6 sector employment; and 

7 ‘‘(2) demonstration projects and pilot projects 

8 designed to— 

9 ‘‘(A) attract more older workers into the 

10 labor force; 

11 ‘‘(B) improve the provision of services to 

12 older workers under the One-Stop delivery sys13 tem established in accordance with title I of the 

14 Workforce Investment Act of 1998; 

15 ‘‘(C) enhance the technological skills of 

16 older workers; and 

17 ‘‘(D) provide incentives to grantees under 

18 this title for exemplary performance and incen19 tives to businesses to promote their participa20 tion in the program under this title; 

21 ‘‘(3) training and technical assistance to sup22 port any project funded under this title; 

23 ‘‘(4) dissemination of best practices; and 

24 ‘‘(5) evaluation of the activities authorized 

25 under this title. 


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1 ‘‘SEC. 503. ADMINISTRATION. 

2 ‘‘(a) STATE PLAN.— 

3 ‘‘(1) CHIEF EXECUTIVE OFFICER SUBMITS

4 PLAN.—For a State to be eligible to receive an allot5 ment under section, 506, the chief executive officer 

6 of the State shall submit to the Secretary for consid7 eration and approval, a single State plan (referred to 

8 in this title as the ‘State plan’) that outlines a 3- 

9 year strategy for the statewide provision of training 

10 and related activities for eligible individuals under 

11 this title. The plan shall contain such provisions as 

12 the Secretary may require, consistent with this title, 

13 including a description of the process used to ensure 

14 the participation of individuals described in para15 graph (2). 

16 ‘‘(2) RECOMMENDATIONS.—In developing the 

17 State plan prior to its submission to the Secretary, 

18 the chief executive officer of the State shall seek the 

19 advice and recommendations of— 

20 ‘‘(A) individuals representing the State 

21 agency and the area agencies on aging in the 

22 State, and the State and local workforce invest23 ment boards established under title I of the 

24 Workforce Investment Act of 1998 (29 U.S.C. 

25 2801 et seq.); 


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1 ‘‘(B) individuals representing public and 

2 nonprofit private agencies and organizations 

3 providing employment services, including each 

4 grantee operating a project under this title in 

5 the State; and 

6 ‘‘(C) individuals representing social service 

7 organizations providing services to older individ8 uals, grantees under title III of this Act, af9 fected communities, unemployed older individ10 uals, community-based organizations serving 

11 the needs of older individuals, business organi12 zations, and labor organizations.. 

13 ‘‘(3) PLAN PROVISIONS.—The State plan shall 

14 identify and address— 

15 ‘‘(A) the relationship that the number of 

16 eligible individuals in each area bears to the 

17 total number of eligible individuals, respectively, 

18 in the State; 

19 ‘‘(B) the relative distribution of eligible in20 dividuals residing in rural and urban areas in 

21 the State; and 

22 ‘‘(C) the relative distribution of— 

23 ‘‘(i) eligible individuals who are indi24 viduals with greatest economic need; 


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1 ‘‘(ii) eligible individuals who are mi2 nority individuals, including individuals 

3 who are limited English proficient; and 

4 ‘‘(iii) eligible individuals who are indi5 viduals with greatest social need; 

6 ‘‘(D) the current and projected employ7 ment opportunities in the State, by occupation, 

8 and the type of skills possessed by local eligible 

9 individuals; 

10 ‘‘(E) the localities and populations for 

11 which projects of the type authorized by this 

12 title are most needed; and 

13 ‘‘(F) plans for facilitating the coordination 

14 of activities of grantees in the State under this 

15 title with activities carried out in the State 

16 under title I of the Workforce Investment Act 

17 of 1998. 

18 ‘‘(4) CHIEF EXECUTIVE OFFICER’S REC19 OMMENDATIONS ON GRANT PROPOSALS.—Before a 

20 proposal for a grant under this title for any fiscal 

21 year is submitted to the Secretary, the chief execu22 tive officer of each State in which projects are pro23 posed to be conducted under such grant shall be af24 forded a reasonable opportunity to submit rec25 ommendations to the Secretary— 


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1 ‘‘(A) regarding the anticipated effect of 

2 each such proposal upon the overall distribution 

3 of enrollment positions under this title in the 

4 State (including such distribution among urban 

5 and rural areas), taking into account the total 

6 number of positions to be provided by all grant7 ees in the State; 

8 ‘‘(B) any recommendations for redistribu9 tion of positions to under served areas as va10 cancies occur in previously encumbered posi11 tions in other areas; and 

12 ‘‘(C) in the case of any increase in funding 

13 that may be available for use in the State under 

14 this title for any fiscal year, any recommenda15 tions for distribution of newly available posi16 tions in excess of those available during the pre17 ceding year to underserved areas. 

18 ‘‘(5) DISRUPTIONS.—In developing plans and 

19 considering recommendations under this subsection, 

20 disruptions in the provision of services for current 

21 participants shall be avoided to the greatest possible 

22 extent. 

23 ‘‘(6) DETERMINATION; REVIEW.— 

24 ‘‘(A) DETERMINATION.—In order to effec25 tively carry out this title, each State shall make 


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1 the State plan available for public comment. 

2 The Secretary, in consultation with the Assist3 ant Secretary, shall review the plan and make 

4 a written determination with findings and a de5 cision regarding the plan. 

6 ‘‘(B) REVIEW.—The Secretary may review, 

7 on the Secretary’s own initiative or at the re8 quest of any public or private agency or organi9 zation or of any agency of the State, the dis10 tribution of projects and services under this 

11 title in the State including the distribution be12 tween urban and rural areas in the State. For 

13 each proposed reallocation of projects or serv14 ices in a State, the Secretary shall give notice 

15 and opportunity for public comment. 

16 ‘‘(7) EXEMPTION.—The grantees that serve eli17 gible individuals who are older Indians with funds 

18 reserved under section 506(a)(3) may not be re19 quired to participate in the State planning processes 

20 described in this section but will collaborate with the 

21 Secretary to develop a plan for projects and services 

22 to eligible individuals who are Indians. 

23 ‘‘(b) COORDINATION WITH OTHER FEDERAL PRO24 GRAMS.— 


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1 ‘‘(1) The Secretary and the Assistant Secretary 

2 shall coordinate the program carried out under this 

3 title with programs carried out under other titles of 

4 this Act, to increase job opportunities available to 

5 older individuals. 

6 ‘‘(2) The Secretary shall coordinate programs 

7 carried out under this title with the program carried 

8 out under the Workforce Investment Act of 1998, 

9 the Community Services Block Grant Act, the Reha10 bilitation Act of 1973, the Carl D. Perkins Voca11 tional and Technical Education Act of 1998 (20 

12 U.S.C. 2301 et seq.), the National and Community 

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

14 the Domestic Volunteer Service Act of 1973 (42 

15 U.S.C. 4950 et seq.). The Secretary shall coordinate 

16 the administration of this title with the administra17 tion of other titles of this Act by the Assistant Sec18 retary to increase the likelihood that eligible individ19 uals for whom employment opportunities under this 

20 title are available and who need services under such 

21 titles receive such services. Funds appropriated to 

22 carry out this title may not be used to carry out any 

23 program under the Workforce Investment Act of 

24 1998, the Community Services Block Grant Act, the 

25 Rehabilitation Act of 1973, the Carl D. Perkins VoVerDate Aug 31 2005 02:11 May 05, 2006 Jkt 049196 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\H5293.IH H5293

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1 cational and Technical Education Act of 1998, the 

2 National and Community Service Act of 1990, or 

3 the Domestic Volunteer Service Act of 1973. The 

4 preceding sentence shall not be construed to prohibit 

5 carrying out projects under this title jointly with 

6 programs, projects, or activities under any Act speci7 fied in such sentence, or from carrying out section 

8 512. 

9 ‘‘(3) The Secretary shall distribute to grantees 

10 under this title, for distribution to program partici11 pants, and at no cost to grantees or participants, in12 formational materials developed and supplied by the 

13 Equal Employment Opportunity Commission and 

14 other appropriate Federal agencies that the Sec15 retary determines are designed to help participants 

16 identify age discrimination and to understand their 

17 rights under the Age Discrimination in Employment 

18 Act of 1967. 

19 ‘‘(c) In carrying out this title, the Secretary may use, 

20 with their consent, the services, equipment, personnel, and 

21 facilities of Federal and other agencies with or without 

22 reimbursement, and on a similar basis to cooperate with 

23 other public and private agencies and instrumentalities in 

24 the use of services, equipment, and facilities. 


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1 ‘‘(d) Payments under this title may be made in ad2 vance or by way of reimbursement and in such install3 ments as the Secretary may determine. 

4 ‘‘(e) The Secretary shall not delegate any function of 

5 the Secretary under this title to any other Federal officer 

6 or entity. 

7 ‘‘(f)(1) The Secretary shall monitor projects for 

8 which grants are made under this title to determine 

9 whether the grantees are complying with rules and regula10 tions issued to carry out this title (including the statewide 

11 planning, consultation, and coordination requirements of 

12 this title). 

13 ‘‘(2) Each grantee that receives funds under this title 

14 shall comply with the applicable uniform cost principles 

15 and appropriate administrative requirements for grants 

16 and contracts that are applicable to the type of entity that 

17 receives funds, as issued as circulars or rules of the Office 

18 of Management and Budget. 

19 ‘‘(3) Each grantee described in paragraph (2) shall 

20 prepare and submit a report in such manner and con21 taining such information as the Secretary may require re22 garding activities carried out under this title. 

23 ‘‘(4) Each grantee described in paragraph (2) shall 

24 keep records that— 


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1 ‘‘(A) are sufficient to permit the preparation of 

2 reports required by this title; 

3 ‘‘(B) are sufficient to permit the tracing of 

4 funds to a level of expenditure adequate to ensure 

5 that the funds have not been spent unlawfully; and 

6 ‘‘(C) contain any other information that the 

7 Secretary determines to be appropriate. 

8 ‘‘(g) The Secretary shall establish by rule and imple9 ment a process to evaluate, in accordance with section 

10 513, the performance of projects and services carried out 

11 under this title. The Secretary shall report to the Con12 gress, and make available to the public, the results of each 

13 such evaluation and shall use such evaluation to improve 

14 services delivered by, or the operation of, projects carried 

15 out under this title. 

16 ‘‘SEC. 504. PARTICIPANTS NOT FEDERAL EMPLOYEES. 

17 ‘‘(a) Eligible individuals who are participants in au18 thorized activities in any project funded under this title 

19 shall not be considered to be Federal employees as a result 

20 of such participation and shall not be subject to part III 

21 of title 5, United States Code. 

22 ‘‘(b) No grant, subgrant, contract or subcontract 

23 shall be entered into under this title with an entity who 

24 is, or whose employees are, under State law, exempted 

25 from operation of the State workers’ compensation law, 


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1 generally applicable to employees unless the entity shall 

2 undertake to provide either through insurance by a recog3 nized carrier or by self-insurance, as authorized by State 

4 law, that the persons employed under the grant, contract, 

5 subgrant, or subcontract shall enjoy workers’ compensa6 tion coverage equal to that provided by law for covered 

7 employment. 

8 ‘‘SEC. 505. INTERAGENCY COOPERATION. 

9 ‘‘(a) The Secretary shall consult with and obtain the 

10 written views of the Assistant Secretary before issuing 

11 rules and before establishing general policy in the adminis12 tration of this title. 

13 ‘‘(b) The Secretary shall consult and cooperate with 

14 the Director of the Office of Community Services, the Sec15 retary of Health and Human Services, and the heads of 

16 other Federal agencies that carry out related programs, 

17 in order to achieve optimal coordination with such other 

18 programs. In carrying out this section, the Secretary shall 

19 promote programs or projects of a similar nature. Each 

20 Federal agency shall cooperate with the Secretary in dis21 seminating information relating to the availability of as22 sistance under this title and in promoting the identifica23 tion and interests of individuals eligible for employment 

24 in projects assisted under this title. 


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1 ‘‘(c)(1) The Secretary shall promote and coordinate 

2 carrying out projects under this title jointly with pro3 grams, projects, or activities carried out under other Acts, 

4 especially activities provided under the Workforce Invest5 ment Act of 1998 (29 U.S.C. 2801 et seq.), including ac6 tivities provided through One-Stop delivery systems estab7 lished under section 134(c) of such Act (29 U.S.C. 

8 2864(c)), that provide training and employment opportu9 nities to eligible individuals. 

10 ‘‘(2) The Secretary shall consult with the Secretary 

11 of Education to promote and coordinate carrying out 

12 projects under this title jointly with workforce investment 

13 activities in which eligible individuals may participate that 

14 are carried out under the Carl D. Perkins Vocational and 

15 Technical Education Act of 1998. 

16 ‘‘SEC. 506. DISTRIBUTION OF ASSISTANCE. 

17 ‘‘(a) RESERVATIONS.— 

18 ‘‘(1) RESERVATION FOR NATIONAL ACTIVI19 TIES.—Of the funds appropriated to carry out this 

20 title for each fiscal year, the Secretary may first re21 serve up to 1.5 percent to carry out demonstration 

22 projects, pilot projects, and evaluation projects 

23 under section 502(d). 

24 ‘‘(2) RESERVATION FOR TERRITORIES.—Of the 

25 funds appropriated to carry out this title for each 


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1 fiscal year, the Secretary shall reserve up to 0.75 

2 percent, of which— 

3 ‘‘(A) Guam, American Samoa, and the 

4 United States Virgin Islands shall each receive 

5 30 percent of the funds so reserved; and 

6 ‘‘(B) the Commonwealth of the Northern 

7 Mariana Islands shall receive 10 percent of the 

8 funds so reserved. 

9 ‘‘(3) RESERVATION FOR ORGANIZATIONS.—Of 

10 the funds appropriated to carry out this title for 

11 each fiscal year, the Secretary shall reserve such 

12 amount as may be necessary to make national 

13 grants to public or nonprofit national Indian aging 

14 organizations with the ability to provide authorized 

15 activities for eligible individuals who are Indians and 

16 to national public or nonprofit Pacific Island and 

17 Asian American aging organizations with the ability 

18 to provide authorized activities for eligible individ19 uals who are Pacific Island and Asian Americans. 

20 ‘‘(b) STATE ALLOTMENTS.—The allotment for each 

21 State shall be the sum of the amounts allotted for national 

22 grants in such State under subsection (d) and for the 

23 grant to such State under subsection (e). 

24 ‘‘(c) DIVISION BETWEEN NATIONAL GRANTS AND

25 GRANTS TO STATES.—The funds appropriated to carry 


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1 out this title for any fiscal year that remain after amounts 

2 are reserved under paragraphs (1), (2), and (3) of sub3 section (a), shall be divided by the Secretary between na4 tional grants and grants to States as follows: 

5 ‘‘(1) RESERVATION OF FUNDS FOR FISCAL

6 YEAR 2006 LEVEL OF ACTIVITIES.— 

7 ‘‘(A) The Secretary shall reserve the 

8 amount of funds necessary to maintain the fis9 cal year 2006 level of activities supported by 

10 grantees that operate under this title under na11 tional grants from the Secretary, and the fiscal 

12 year 2006 level of activities supported by State 

13 grantees under this title, in proportion to their 

14 respective fiscal year 2006 levels of activities. 

15 ‘‘(B) If in any fiscal year for which the 

16 funds appropriated to carry out this title are in17 sufficient to satisfy the requirement specified in 

18 subparagraph (A), then the amount described 

19 in subparagraph (A) shall be reduced propor20 tionally. 

21 ‘‘(2) FUNDING IN EXCESS OF FISCAL YEAR 2006

22 LEVEL OF ACTIVITIES.— 

23 ‘‘(A) UP TO $35,000,000.—The amount of 

24 funds remaining after the application of para25 graph (1), but not to exceed $35,000,000, shall 


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1 be divided so that 75 percent shall be provided 

2 to State grantees and 25 percent shall be pro3 vided to grantees that operate under this title 

4 under national grants from the Secretary. 

5 ‘‘(B) OVER $35,000,000.—The amount of 

6 funds remaining (if any) after the application of 

7 subparagraph (A) shall be divided so that 50 

8 percent shall be provided to State grantees and 

9 50 percent shall be provided to grantees that 

10 operate under this title under national grants 

11 from the Secretary. 

12 ‘‘(d) ALLOTMENTS FOR NATIONAL GRANTS.—From 

13 funds available under subsection (c) for national grants, 

14 the Secretary shall allot for public and nonprofit private 

15 agency and organization grantees that operate under this 

16 title under national grants from the Secretary in each 

17 State, an amount that bears the same ratio to such funds 

18 as the product of the number of individuals 55 years of 

19 age or older in the State and the allotment percentage of 

20 such State bears to the sum of the corresponding products 

21 for all States, except as follows: 

22 ‘‘(1) MINIMUM ALLOTMENT.—No State shall be 

23 provided an amount under this subsection that is 

less than 1 24 ⁄2 of 1 percent of the amount provided 

25 under subsection (c) for public and nonprofit private 


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1 agency and organization grantees that operate under 

2 this title under national grants from the Secretary 

3 in all of the States. 

4 ‘‘(2) HOLD HARMLESS.—If the amount pro5 vided under subsection (c) is— 

6 ‘‘(A) equal to or less than the amount nec7 essary to maintain the fiscal year 2006 level of 

8 activities, allotments for grantees that operate 

9 under this title under national grants from the 

10 Secretary in each State shall be proportional to 

11 their fiscal year 2006 level of activities; or 

12 ‘‘(B) greater than the amount necessary to 

13 maintain the fiscal year 2006 level of activities, 

14 no State shall be provided a percentage increase 

15 above the fiscal year 2006 level of activities for 

16 grantees that operate under this title under na17 tional grants from the Secretary in the State 

18 that is less than 30 percent of such percentage 

19 increase above the fiscal year 2006 level of ac20 tivities for public and nonprofit private agency 

21 and organization grantees that operate under 

22 this title under national grants from the Sec23 retary in all of the States. 

24 ‘‘(3) REDUCTION.—Allotments for States not 

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1 section shall be reduced proportionally to satisfy the 

2 conditions in such paragraphs. 

3 ‘‘(e) ALLOTMENTS FOR GRANTS TO STATES.—From 

4 the amount provided for grants to States under subsection 

5 (c), the Secretary shall allot for the State grantee in each 

6 State an amount that bears the same ratio to such amount 

7 as the product of the number of individuals 55 years of 

8 age or older in the State and the allotment percentage of 

9 such State bears to the sum of the corresponding product 

10 for all States, except as follows: 

11 ‘‘(1) MINIMUM ALLOTMENT.—No State shall be 

12 provided an amount under this subsection that is 

less than 1 13 ⁄2 of 1 percent of the amount provided 

14 under subsection (c) for State grantees in all of the 

15 States. 

16 ‘‘(2) HOLD HARMLESS.—If the amount pro17 vided under subsection (c) is— 

18 ‘‘(A) equal to or less than the amount nec19 essary to maintain the fiscal year 2006 level of 

20 activities, allotments for State grantees in each 

21 State shall be proportional to their fiscal year 

22 2006 level of activities; or 

23 ‘‘(B) greater than the amount necessary to 

24 maintain the fiscal year 2006 level of activities, 

25 no State shall be provided a percentage increase 


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1 above the fiscal year 2006 level of activities for 

2 State grantees in the State that is less than 30 

3 percent of such percentage increase above the 

4 fiscal year 2006 level of activities for State 

5 grantees in all of the States. 

6 ‘‘(3) REDUCTION.—Allotments for States not 

7 affected by paragraphs (1) and (2)(B) of this sub8 section shall be reduced proportionally to satisfy the 

9 conditions in such paragraphs. 

10 ‘‘(f) ALLOTMENT PERCENTAGE.—For purposes of 

11 subsections (d) and (e)— 

12 ‘‘(1) the allotment percentage of each State 

13 shall be 100 percent less that percentage that bears 

14 the same ratio to 50 percent as the per capita in15 come of such State bears to the per capita income 

16 of the United States, except that— 

17 ‘‘(A) the allotment percentage shall be not 

18 more than 75 percent and not less than 33 per19 cent; and 

20 ‘‘(B) the allotment percentage for the Dis21 trict of Columbia and the Commonwealth of 

22 Puerto Rico shall be 75 percent; 

23 ‘‘(2) the number of individuals 55 years of age 

24 or older in any State and in all States, and the per 

25 capita income in any State and in all States, shall 


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1 be determined by the Secretary on the basis of the 

2 most satisfactory data available to the Secretary; 

3 and 

4 ‘‘(3) for the purpose of determining the allot5 ment percentage, the term ‘United States’ means 

6 the 50 States and the District of Columbia. 

7 ‘‘(g) DEFINITIONS.—For purposes of this section: 

8 ‘‘(1) COST PER AUTHORIZED POSITION.—The 

9 term ‘cost per authorized position’ means the sum 

10 of— 

11 ‘‘(A) the hourly minimum wage rate speci12 fied in section 6(a)(1) of the Fair Labor Stand13 ards Act of 1938 (29 U.S.C. 206(a)(1)), multi14 plied by the number of hours equal to the prod15 uct of 21 hours and 52 weeks; 

16 ‘‘(B) an amount equal to 11 percent of the 

17 amount specified under subparagraph (A), for 

18 the purpose of covering Federal payments for 

19 fringe benefits; and 

20 ‘‘(C) an amount determined by the Sec21 retary, for the purpose of covering Federal pay22 ments for the remainder of all other program 

23 and administrative costs. 


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1 ‘‘(2) FISCAL YEAR 2006 LEVEL OF ACTIVI2 TIES.—The term ‘fiscal year 2006 level of activities’ 

3 means— 

4 ‘‘(A) with respect to public and nonprofit 

5 private agency and organization grantees that 

6 operate under this title under national grants 

7 from the Secretary, their level of activities for 

8 fiscal year 2006; and 

9 ‘‘(B) with respect to State grantees, their 

10 level of activities for fiscal year 2006. 

11 ‘‘(3) GRANTS TO STATES.—The term ‘grants to 

12 States’ means grants made under this title by the 

13 Secretary to the States. 

14 ‘‘(4) LEVEL OF ACTIVITIES.—The term ‘level of 

15 activities’ means the number of authorized positions 

16 multiplied by the cost per authorized position. 

17 ‘‘(5) NATIONAL GRANTS.—The term ‘national 

18 grants’ means grants made under this title by the 

19 Secretary to public and nonprofit private agency and 

20 organization grantees that operate under this title 

21 under national grants from the Secretary. 

22 ‘‘(6) STATE.—The term ‘State’ does not include 

23 Guam, American Samoa, the Commonwealth of the 

24 Northern Mariana Islands, and the United States 

25 Virgin Islands. 


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1 ‘‘SEC. 507. EQUITABLE DISTRIBUTION. 

2 ‘‘(a) INTERSTATE ALLOCATION.—In making grants 

3 under section 506, the Secretary shall ensure, to the ex4 tent feasible, an equitable distribution of activities under 

5 such grants, in the aggregate, among the States, taking 

6 into account the needs of underserved States. 

7 ‘‘(b) INTRASTATE ALLOCATION.—The amount allo8 cated for projects within each State under section 506 

9 shall be allocated among areas in the State in an equitable 

10 manner, taking into consideration the State priorities set 

11 out in the State plan in effect under section 503(a). 

12 ‘‘SEC. 508. REPORT. 

13 ‘‘To carry out the Secretary’s responsibilities for re14 porting in section 503(g), the Secretary shall require the 

15 State agency for each State that receives funds under this 

16 title to prepare and submit a report at the beginning of 

17 each fiscal year on such State’s compliance with section 

18 507(b). Such report shall include the names and geo19 graphic location of all projects assisted under this title and 

20 carried out in the State and the amount allocated to each 

21 such project under section 506. 

22 ‘‘SEC. 509. EMPLOYMENT ASSISTANCE AND FEDERAL HOUS23 ING AND FOOD STAMP PROGRAMS. 

24 ‘‘Funds received by eligible individuals from projects 

25 carried out under the program established in this title 

26 shall not be considered to be income of such individuals 


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1 for purposes of determining the eligibility of such individ2 uals, or of any other individuals, to participate in any 

3 housing program for which Federal funds may be available 

4 or for any income determination under the Food Stamp 

5 Act of 1977. 

6 ‘‘SEC. 510. ELIGIBILITY FOR WORKFORCE INVESTMENT AC7 TIVITIES. 

8 ‘‘Eligible individuals under this title may be consid9 ered by local workforce investment boards established 

10 under title I of the Workforce Investment Act of 1998 to 

11 satisfy the requirements for receiving services under such 

12 title I that are applicable to adults. 

13 ‘‘SEC. 511. TREATMENT OF ASSISTANCE. 

14 ‘‘Assistance provided under this title shall not be con15 sidered to be financial assistance described in section 

16 245A(h)(1)(A) of the Immigration and Nationality Act (8 

17 U.S.C. 1255A(h)(1)(A)). 

18 ‘‘SEC. 512. COORDINATION WITH THE WORKFORCE INVEST19 MENT ACT OF 1998. 

20 ‘‘(a) PARTNERS.—Grantees under this title shall be 

21 One-Stop partners as described in subparagraphs (A) and 

22 (B)(vi) of section 121(b)(1) of the Workforce Investment 

23 Act of 1998 (29 U.S.C. 2841(b)(1)) in the One-Stop deliv24 ery system established under section 134(c) of such Act 

25 (29 U.S.C. 2864(c)) for the appropriate local workforce 


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1 investment areas, and shall carry out the responsibilities 

2 relating to such partners. 

3 ‘‘(b) COORDINATION.—In local workforce investment 

4 areas where more than 1 grantee under this title provides 

5 services, the grantees shall— 

6 ‘‘(1) coordinate their activities related to the 

7 One-Stop delivery system; and 

8 ‘‘(2) shall be signatories of the memorandum of 

9 understanding established under section 121(c) of 

10 the Workforce Investment Act of 1998 (29 U.S.C. 

11 2841(c)). 

12 ‘‘SEC. 513. PERFORMANCE. 

13 ‘‘(a) MEASURES.— 

14 ‘‘(1) ESTABLISHMENT OF MEASURES.—The 

15 Secretary shall establish, in consultation with grant16 ees, subgrantees, and host agencies under this title, 

17 States, older individuals, area agencies on aging, and 

18 other organizations serving older individuals, per19 formance measures for each grantee for projects and 

20 services carried out under this title. 

21 ‘‘(2) CONTENT.— 

22 ‘‘(A) COMPOSITION OF MEASURES.—The 

23 performance measures established by the Sec24 retary in accordance with paragraph (1) shall 

25 consist of— 


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1 ‘‘(i) core indicators of performance 

2 specified in subsection (b)(1) and the ex3 pected levels of performance applicable to 

4 each core indicator of performance, and 

5 ‘‘(ii) additional indicators of perform6 ance specified in subsection (b)(2) 

7 ‘‘(B) CONTINUOUS IMPROVEMENT.—The 

8 measures described in subparagraph (A)(i) shall 

9 be designed to promote continuous improvement 

10 in performance. 

11 ‘‘(C) EXPECTED LEVELS OF PERFORM12 ANCE.—The Secretary and each grantee shall 

13 reach agreement on the expected levels of per14 formance for each program year for each of the 

15 core indicators of performance specified in sub16 section (b)(1). The agreement shall take into 

17 account the factors described in subparagraphs 

18 (B) and (D) and other appropriate factors as 

19 determined by the Secretary, and shall be con20 sistent with the requirements of subparagraph 

21 (E). Funds under the grant may not be award22 ed until such agreement is reached. 

23 ‘‘(D) ADJUSTMENT.—The expected levels 

24 of performance described in subparagraph (C) 

25 applicable to a grantee shall be adjusted after 


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1 the agreement under subparagraph (C) has 

2 been reached only with respect to the following 

3 factors: 

4 ‘‘(i) High rates of unemployment or of 

5 poverty or welfare participation, in the 

6 areas served by a grantee, relative to other 

7 areas of the State or Nation. 

8 ‘‘(ii) Significant downturns in the 

9 areas served by the grantee or in the na10 tional economy. 

11 ‘‘(iii) Significant numbers or propor12 tions of participants with 1 or more bar13 riers to employment served by a grantee 

14 relative to grantees serving other areas of 

15 the State or Nation. 

16 ‘‘(iv) Changes in Federal, State, or 

17 local minimum wage requirements. 

18 ‘‘(E) PLACEMENT.— 

19 ‘‘(i) LEVEL OF PERFORMANCE.—For 

20 all grantees, the Secretary shall establish a 

21 level of performance of not less than the 

22 percentage specified in clause (ii) (adjusted 

23 in accordance with subparagraph (D)) for 

24 the entry into unsubsidized employment 

25 core indicator of performance described in 


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1 subsection (b)(1)(A). If a grantee achieved 

2 a level of performance less than the per3 centage specified in such clause for the 

4 preceding fiscal year for which results are 

5 available before the enactment of the Sen6 ior Independence Act of 2006, the Sec7 retary shall provide technical assistance to 

8 assist such grantee to achieve the applica9 ble percentage specified in such clause. 

10 ‘‘(ii) REQUIRED PLACEMENT PER11 CENTAGES.—The minimum percentage for 

12 the entry into unsubsidized employment 

13 described in subsection (b)(1)(A) is— 

14 ‘‘(I) 22 percent in fiscal year 

15 2007; 

16 ‘‘(II) 24 percent in fiscal year 

17 2008; 

18 ‘‘(III) 26 percent in fiscal year 

19 2009; 

20 ‘‘(IV) 28 percent in fiscal year 

21 2010; and 

22 ‘‘(V) 30 percent in fiscal year 

23 2011. 

24 ‘‘(3) PERFORMANCE EVALUATION OF GRANT25 EES.—The Secretary shall annually establish naVerDate Aug 31 2005 02:11 May 05, 2006 Jkt 049196 PO 00000 Frm 00080 Fmt 6652 Sfmt 6201 E:\BILLS\H5293.IH H5293

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1 tional performance measures for each grantee under 

2 this title, which shall be applicable to the grantee 

3 without regard to whether such grantee operates 

4 such program directly or through contracts, grants, 

5 or agreements with other entities. The measures 

6 shall include the core indicators of performance and 

7 expected level of performance for each such indi8 cator, and the additional indicators of performance. 

9 In addition, the Secretary shall annually publish the 

10 actual performance of each grantee with respect 

11 to— 

12 ‘‘(A) the levels achieved for each of the 

13 core indicators of performance, compared to ex14 pected levels of performance under paragraph 

15 (2)(C) (including any adjustments to such levels 

16 made in accordance with to paragraph (2)(D)); 

17 and 

18 ‘‘(B) the levels achieved for each of the ad19 ditional indicators of performance. 

20 ‘‘(4) LIMITATION.—An agreement to be evalu21 ated on the performance measures shall be a re22 quirement for application for, and a condition of, all 

23 grants authorized by this title. 

24 ‘‘(b) INDICATORS OF PERFORMANCE.— 


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1 ‘‘(1) CORE INDICATORS.—The core indicators 

2 of performance described in subsection (a)(2)(A)(i) 

3 shall consist of— 

4 ‘‘(A) entry into unsubsidized employment; 

5 ‘‘(B) retention in unsubsidized employment 

6 for 6 months; and 

7 ‘‘(C) earnings. 

8 ‘‘(2) ADDITIONAL INDICATORS.—The additional 

9 indicators of performance described in subsection 

10 (a)(2)(A)(ii) shall consist of— 

11 ‘‘(A) community services provided; 

12 ‘‘(B) retention in unsubsidized employment 

13 for 1 year; 

14 ‘‘(C) the number of eligible individuals 

15 served, including the number of participating 

16 individuals described in section 516(2)(A)(i), 

17 and 

18 ‘‘(D) any other indicators of performance 

19 that the Secretary determines to be appropriate 

20 to evaluate services and performance. 

21 ‘‘(c) DEFINITIONS OF INDICATORS.— 

22 ‘‘(1) IN GENERAL.—The Secretary, after con23 sultation with national and State grantees, rep24 resentatives of business and labor organizations, and 

25 providers of services, shall issue rules that define the 


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1 indicators of performance described in subsection 

2 (b). 

3 ‘‘(d) CORRECTIVE EFFORTS.— 

4 ‘‘(1) NATIONAL GRANTEES.— 

5 ‘‘(A) IN GENERAL.—Not later than 120 

6 days after the end of each program year, the 

7 Secretary shall determine if a national grantee 

8 awarded a grant under section 514 has met the 

9 expected levels of performance established 

10 under subsection (a)(2)(C) (including any ad11 justments to such levels made in accordance 

12 with to subsection (a)(2)(D)) for the core indi13 cators of performance described in subsection 

14 (b)(1). 

15 ‘‘(B) TECHNICAL ASSISTANCE AND COR16 RECTIVE ACTION PLAN.— 

17 ‘‘(i) IN GENERAL.—If the Secretary 

18 determines that a grantee fails to meet the 

19 expected levels of performance described in 

20 paragraph (1), the Secretary shall provide 

21 technical assistance and require such 

22 grantee to submit a corrective action plan 

23 not later than 160 days after the end of 

24 the program year. 


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1 ‘‘(ii) CONTENT.—The plan submitted 

2 under subparagraph (A) shall detail the 

3 steps the grantee will take to meet the na4 tional performance measures in the next 

5 program year. 

6 ‘‘(2) STATE GRANTEES.— 

7 ‘‘(A) IN GENERAL.—Not later than 120 

8 days after the end of the program year, the 

9 Secretary shall determine if a State grantee al10 lotted funds under section 506(e) has met the 

11 expected levels of performance established 

12 under subsection (a)(2)(C) (including any ad13 justments to such levels made in accordance 

14 with to subsection (a)(2)(D)) for the core indi15 cators of performance described in subsection 

16 (b)(1). 

17 ‘‘(B) TECHNICAL ASSISTANCE AND COR18 RECTIVE ACTION PLAN.—If a State fails to 

19 meet the levels of performance described in sub20 paragraph (A), the Secretary shall provide tech21 nical assistance and require the State to submit 

22 a corrective action plan not later than 160 days 

23 after the end of the program year. 


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1 ‘‘(C) CONTENT.—The plan described in 

2 subparagraph (B) shall detail the steps the 

3 State will take to meet the standards. 

4 ‘‘(D) FAILURE TO MEET PERFORMANCE

5 MEASURES FOR SECOND AND THIRD YEARS.— 

6 ‘‘(i) AFTER SECOND YEAR OF FAIL7 URE.—If a State fails to meet the levels of 

8 performance described in subparagraph 

9 (A) for a second consecutive program year, 

10 the Secretary shall provide for the conduct 

11 by the State of a competition to award, for 

12 the first full program year following the 

13 determination (minimizing, to the extent 

14 possible, the disruption of services provided 

15 to participants), an amount equal to 25 

16 percent of the funds available to the State 

17 for such year. 

18 ‘‘(ii) AFTER THIRD YEAR OF FAIL19 URE.—If the State fails to meet the levels 

20 of performance described in subparagraph 

21 (A) for a third consecutive program year, 

22 the Secretary shall provide for the conduct 

23 by the State of a competition to award the 

24 funds allocated to the State for the first 

25 full program year following the Secretary’s 


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1 determination that the State has not met 

2 the performance measures. 

3 ‘‘SEC. 514. COMPETITIVE REQUIREMENTS RELATING TO 

4 GRANT AWARDS. 

5 ‘‘(a) PROGRAM AUTHORIZED.—From the funds avail6 able for national grants under section 506(d), the Sec7 retary shall award grants to eligible applicants to carry 

8 out projects under this title through a competitive process 

9 that is conducted at least once every 3 years. 

10 ‘‘(b) ELIGIBLE APPLICANTS.—An applicant shall be 

11 eligible to receive a grant under subsection (a) in accord12 ance with section 502(b)(1), and subsections (c) and (d). 

13 ‘‘(c) CRITERIA.—The Secretary shall select the eligi14 ble applicants to receive grants under subsection (a) based 

15 on the following: 

16 ‘‘(1) The applicant’s ability to administer a pro17 gram that serves the greatest number of eligible in18 dividuals, giving particular consideration to individ19 uals with greatest economic need, greatest social 

20 need, poor employment history or prospects, and 

21 over the age of 65. 

22 ‘‘(2) The applicant’s ability to administer a pro23 gram that provides employment for eligible individ24 uals in the communities in which such individuals 


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1 reside, or in nearby communities, that will con2 tribute to the general welfare of the community. 

3 ‘‘(3) The applicant’s ability to administer a pro4 gram that moves eligible individuals into unsub5 sidized employment, and the prior performance of 

6 the applicant, if any, in meeting performance meas7 ures under this title and under other Federal or 

8 State programs. 

9 ‘‘(4) The applicant’s ability to move individuals 

10 with multiple barriers to employment into unsub11 sidized employment. 

12 ‘‘(5) The applicant’s ability to coordinate with 

13 other organizations at the State and local level. 

14 ‘‘(6) The applicant’s plan for fiscal manage15 ment of the program to be administered with funds 

16 received under this section. 

17 ‘‘(7) Any additional criteria that the Secretary 

18 considers to be appropriate in order to minimize dis19 ruption for current participants. 

20 ‘‘(d) RESPONSIBILITY TESTS.— 

21 ‘‘(1) IN GENERAL.—Before final selection of a 

22 grantee, the Secretary shall conduct a review of 

23 available records to assess the applicant’s overall re24 sponsibility to administer Federal funds. 


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1 ‘‘(2) REVIEW.—As part of the review described 

2 in paragraph (1), the Secretary may consider any in3 formation, including the organization’s history with 

4 regard to the management of other grants. 

5 ‘‘(3) FAILURE TO SATISFY TEST.—The failure 

6 to satisfy any 1 responsibility test that is listed in 

7 paragraph (4), excluding those listed in subpara8 graphs (A) and (B), does not establish that the or9 ganization is not responsible unless such failure is 

10 substantial or persists for 2 or more consecutive 

11 years. 

12 ‘‘(4) TEST.—The responsibility tests include re13 view of the following factors: 

14 ‘‘(A) Unsuccessful efforts by the organiza15 tion to recover debts, after 3 demand letters 

16 have been sent, that are established by final 

17 agency action, or a failure to comply with an 

18 approved repayment plan. 

19 ‘‘(B) Established fraud or criminal activity 

20 of a significant nature within the organization. 

21 ‘‘(C) Serious administrative deficiencies 

22 identified by the Secretary, such as failure to 

23 maintain a financial management system as re24 quired by Federal rules or regulations. 


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1 ‘‘(D) Willful obstruction of the audit proc2 ess. 

3 ‘‘(E) Failure to provide services to appli4 cants as agreed to in a current or recent grant 

5 or to meet applicable performance measures. 

6 ‘‘(F) Failure to correct deficiencies 

7 brought to the grantee’s attention in writing as 

8 a result of monitoring activities, reviews, assess9 ments, or other activities. 

10 ‘‘(G) Failure to return a grant closeout 

11 package or outstanding advances within 90 

12 days of the grant expiration date or receipt of 

13 closeout package, whichever is later, unless an 

14 extension has been requested and granted. 

15 ‘‘(H) Failure to submit required reports. 

16 ‘‘(I) Failure to properly report and dispose 

17 of Government property as instructed by the 

18 Secretary. 

19 ‘‘(J) Failure to have maintained effective 

20 cash management or cost controls resulting in 

21 excess cash on hand. 

22 ‘‘(K) Failure to ensure that a subrecipient 

23 complies with its Office of Management and 

24 Budget Circular A-133 audit requirements 


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1 specified at section 667.200(b) of title 20, Code 

2 of Federal Regulations. 

3 ‘‘(L) Failure to audit a subrecipient within 

4 the required period. 

5 ‘‘(M) Final disallowed costs in excess of 5 

6 percent of the grant or contract award if, in the 

7 judgment of the grant officer, the disallowances 

8 are egregious findings. 

9 ‘‘(N) Failure to establish a mechanism to 

10 resolve a subrecipient’s audit in a timely fash11 ion. 

12 ‘‘(5) DETERMINATION.—Applicants that are de13 termined to be not responsible shall not be selected 

14 as grantees. 

15 ‘‘(6) DISALLOWED COSTS.—Interest on dis16 allowed costs shall accrue in accordance with the 

17 Debt Collection Improvement Act of 1996. 

18 ‘‘SEC. 515. AUTHORIZATION OF APPROPRIATIONS. 

19 ‘‘(a) There is authorized to be appropriated to carry 

20 out this title such sums as may be necessary for fiscal 

21 years 2007, 2008, 2009, 2010, and 2011. 

22 ‘‘(b) Amounts appropriated under this section for any 

23 fiscal year shall be available for obligation during the an24 nual period that begins on July 1 of the calendar year 

25 immediately following the beginning of such fiscal year 


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1 and that ends on June 30 of the following calendar year. 

2 The Secretary may extend the period during which such 

3 amounts may be obligated or expended in the case of a 

4 particular organization or agency that receives funds 

5 under this title if the Secretary determines that such ex6 tension is necessary to ensure the effective use of such 

7 funds by such organization or agency. 

8 ‘‘(c) At the end of the program year, the Secretary 

9 may recapture any unexpended funds for the program 

10 year, and reobligate such funds within the 2 succeeding 

11 program years for— 

12 ‘‘(1) technical assistance; or 

13 ‘‘(2) grants or contracts for any other program 

14 under this title. 

15 ‘‘SEC. 516. DEFINITIONS. 

16 ‘‘For purposes of this title: 

17 ‘‘(1) COMMUNITY SERVICE EMPLOYMENT-BASED

18 TRAINING.—The term ‘community service employ19 ment-based training’ means training provided 

20 through work experience that is related to providing 

21 social, health, welfare, and educational services (in22 cluding literacy tutoring), legal and other counseling 

23 services and assistance, including tax counseling and 

24 assistance and financial counseling, and library, rec25 reational, and other similar services; conservation, 


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1 maintenance, or restoration of natural resources; 

2 community betterment or beautification; antipollu3 tion and environmental quality efforts; weatheriza4 tion activities; economic development; and such other 

5 services essential and necessary to the community as 

6 the Secretary determines by rule. 

7 ‘‘(2) ELIGIBLE INDIVIDUALS.— 

8 ‘‘(A) IN GENERAL.—The term ‘eligible in9 dividual’ means an individual who is 55 years 

10 old or older who has a low income (including 

11 any such individual whose income is not more 

12 that 125 percent of the poverty line). 

13 ‘‘(B) EXCEPTION.—Pursuant to regula14 tions prescribed by the Secretary, any such in15 dividual who otherwise meets the requirements 

16 of subparagraph (A) and meets one or more of 

17 the following criteria shall have priority for the 

18 work opportunities provided under this title. 

19 ‘‘(i) is 65 years old or older; 

20 ‘‘(ii) has one or more of the following 

21 barriers to employment: 

22 ‘‘(I) A disability. 

23 ‘‘(II) Limited English proficiency 

24 or low literacy skills. 

25 ‘‘(III) Residing in a rural area. 


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1 ‘‘(IV) Having low employment 

2 prospects. 

3 ‘‘(V) Having failed to find em4 ployment after utilizing services pro5 vided under title I of the Workforce 

6 Investment Act of 1998. 

7 ‘‘(C) FOUR-YEAR TIME LIMIT.—Notwith8 standing section 502(b)(1)(C), an individual 

9 who meets the requirements of this paragraph 

10 may only participate in projects carried out 

11 under this title for a period that does not ex12 ceed 48 months in the aggregate (whether or 

13 not consecutive). 

14 ‘‘(3) PACIFIC ISLAND AND ASIAN AMERICANS.— 

15 The term ‘Pacific Island and Asian Americans’ 

16 means Americans having origins in any of the origi17 nal peoples of the Far East, Southeast Asia, the In18 dian Subcontinent, or the Pacific Islands. 

19 ‘‘(4) PROGRAM.—The term ‘program’ means 

20 the older American community service employment21 based training program established under this 

22 title.’’. 


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1 SEC. 29. NATIVE AMERICANS CAREGIVER SUPPORT PRO2 GRAM. 

3 Section 643 of the Older Americans Act of 1965 (42 

4 U.S.C. 3057n) is amended by striking ‘‘2001’’ each place 

5 it appears and inserting ‘‘2007’’. 

6 SEC. 30. VULNERABLE ELDER RIGHTS PROTECTION ACTIVI7 TIES. 

8 Section 702 of the Older Americans Act of 1965 (42 

9 U.S.C. 3058a) is amended by striking ‘‘2001’’ each place 

10 it appears and inserting ‘‘2007’’. 

11 SEC. 31. NATIVE AMERICAN ORGANIZATION PROVISIONS. 

12 Section 751(d) of the Older Americans Act of 1965 

13 (42 U.S.C. 3058aa(b)) is amended by striking ‘‘2001’’ and 

14 inserting ‘‘2007’’. 

15 SEC. 32. ELDER ABUSE, NEGLECT, AND EXPLOITATION PRE16 VENTION AMENDMENT. 

17 Section 721 (b) of the Older Americans Act of 1965 

18 (42 U.S.C. 3058i(b)) is amended— 

19 (1) by inserting after paragraph (1) the fol20 lowing new paragraph: 

21 ‘‘(2) providing for public education and out22 reach to promote financial literacy and prevent iden23 tity theft and financial exploitation of older individ24 uals;’’; and 

25 (2) by redesignating paragraphs (2) through 

26 (8) as paragraphs (3) through (9), respectively. 


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1 SEC. 33. TECHNICAL AMENDMENTS. 

2 The Older Americans Act of 1965 (42 U.S.C. 2001 

3 et seq.) is amended— 

4 (1) in section 202(e)(1)(A) by adding a period 

5 at the end, and 

6 (2) by inserting before section 401 the fol7 lowing: 

8 ‘‘TITLE IV—ACTIVITIES FOR 

9 HEALTH, INDEPENDENCE 

10 AND LONGEVITY’’. 

Æ 


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