IB 

Union Calendar No. 275 

109TH CONGRESS 

2D SESSION H. R. 5293 

[Report No. 109–493] 

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 

JUNE 8, 2006 

Additional sponsors: Mr. MCKEON, Mr. REGULA, Mr. PETRI, Mr. PORTER, 

Miss MCMORRIS, Mr. FORTUN ̃O, Mr. BOUSTANY, Mr. GEORGE MILLER

of California, Mr. SOUDER, Mr. WILSON of South Carolina, Mr. DAVIS

of Illinois, Mr. CASTLE, Mr. SAM JOHNSON of Texas, Mrs. DRAKE, Mr. 

EHLERS, Ms. LEE, Ms. MATSUI, Mr. SIMMONS, Mr. RYAN of Ohio, Mr. 

DOGGETT, Mr. MCCOTTER, Mrs. BIGGERT, Mrs. MALONEY, Mr. 

MCHUGH, Mr. WU, Mr. LOBIONDO, Mr. HOLT, Mr. KIND, Mrs. CAPITO, 

Mr. KUHL of New York, Ms. KILPATRICK of Michigan, Mr. OSBORNE, 

and Mr. HALL

JUNE 8, 2006 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on May 4, 2006] 

A BILL 

To amend the Older Americans Act of 1965 to authorize 
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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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Senior Independence Act of 2006’’. 

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

7 Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions.

Sec. 3. Establishment of Administration on Aging. 

Sec. 4. Functions of the Assistant Secretary. 

Sec. 5. Federal agency consultation. 

Sec. 6. Administration.

Sec. 7. Evaluation.

Sec. 8. Reports.

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

of Act funds. 

Sec. 10. Nutrition education. 

Sec. 11. Pension counseling and information programs. 

Sec. 12. Authorization of appropriations. 

Sec. 13. Purpose; administration. 

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

Sec. 15. Organization.

Sec. 16. Area plans. 

Sec. 17. State plans. 

Sec. 18. Payments.

Sec. 19. Nutrition services incentive program. 

Sec. 20. Consumer contributions. 

Sec. 21. Supportive services and senior centers program. 

Sec. 22. Nutrition service. 

Sec. 23. Congregate nutrition program. 

Sec. 24. Home delivered nutrition services. 

Sec. 25. Criteria.

Sec. 26. Nutrition.

Sec. 27. Evaluation of nutrition projects. 

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

Sec. 29. Caregiver support program definitions. 

Sec. 30. Caregiver support program. 

Sec. 31. Activities of national significance. 

Sec. 32. Title IV grant programs. 

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

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

Sec. 35. Demonstration projects for multigenerational activities. 
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Sec. 36. Native American programs. 

Sec. 37.Responsibilities of Assistant Secretary. 

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

Sec. 39. Native Americans caregiver support program. 

Sec. 40. Vulnerable elder rights protection activities. 

Sec. 41. Native American organization provisions. 

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

Sec. 43. Technical amendments. 

1 SEC. 2. DEFINITIONS. 

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

3 U.S.C. 3002) is amended— 

4 (1) by amending paragraph (10) to read as fol5 lows: 

6 ‘‘(10) The terms ‘assistive device’, ‘assistive tech7 nology’, and ‘assistive technology service’ have the 

8 meanings given such terms in section 3 of the Assist9 ive Technology Act of 1998 (29 U.S.C. 3002).’’, 

10 (2) by amending paragraph (12)(D) to read as 

11 follows: 

12 ‘‘(D) evidence-based health promotion pro13 grams, including programs related to the preven14 tion and mitigation of the effects of chronic dis15 ease (including osteoporosis, hypertension, obe16 sity, diabetes, and cardiovascular disease), alco17 hol and substance abuse reduction, smoking ces18 sation, weight loss and control, stress manage19 ment, falls prevention, physical activity, and im20 proved nutrition through the consumption of a 
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1 healthful diet and multivitamin-mineral sup2 plementation;’’, 

3 (3) in paragraph (29)(E)— 

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

5 end, 

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

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

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

9 ‘‘(iii) older individuals at risk for in10 stitutional placement.’’, 

11 (4) by amending paragraph (24) to read as fol12 lows: 

13 ‘‘(24) The term ‘exploitation’ means the fraudu14 lent or otherwise illegal, unauthorized, or improper 

15 act or process of an individual that uses the resources 

16 of an older individual for monetary or personal ben17 efit, profit, or gain, or that results in depriving an 

18 older individual of rightful access to, or use of, bene19 fits, resources, belongings, or assets.’’, 

20 (5) by amending paragraph (34) to read as fol21 lows: 

22 ‘‘(34) The term ‘neglect’ means— 

23 ‘‘(A) the failure of a caregiver or fiduciary 

24 to provide goods or services that are necessary to 

25 maintain the health or safety of an elder; or 
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1 ‘‘(B) self neglect.’’, 

2 (6) by redesignating paragraphs (1) through (43) 

3 as paragraphs (43), (7), (48), (37), (25), (26), (52), 

4 (13), (46), (8), (28), (12), (1), (2), (3), (5), (6), (10), 

5 (24), (35), (11), (14), (15), (17), (19), (20), (21), (22), 

6 (27), (29), (30), (32) (33), (36), (38), (39), (40), (41), 

7 (42), (49), (51), (18), and (47), respectively, 

8 (7) by transferring such paragraphs so as to ar9 range them in numerical order as so redesignated, 

10 (8) by inserting after paragraph (3), as so redes11 ignated the following: 

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

13 Center’ means a program established by a State as 

14 part of the State’s system of long-term care, to pro15 vide a coordinated system for providing— 

16 ‘‘(A) comprehensive information on avail17 able public and private long-term care programs, 

18 options, and resources; 

19 ‘‘(B) personal counseling to assist individ20 uals in assessing their existing or anticipated 

21 long-term care needs, and developing and imple22 menting a plan for long-term care designed to 

23 meet their specific needs and circumstances; and 

24 ‘‘(C) consumer access to the range of pub25 licly-supported long-term care programs for 
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1 which they may be eligible, by serving as a con2 venient point of entry for such programs.’’, 

3 (9) by inserting after paragraph (8), as so redes4 ignated, the following: 

5 ‘‘(9) The term ‘at risk for institutional place6 ment’ means, with respect to an older individual, that 

7 such individual is unable to perform at least two ac8 tivities of daily living without substantial human as9 sistance (including verbal reminding, physical cuing, 

10 or supervision) and is determined by the State to be 

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

12 (10) by inserting after paragraph (15), as so re13 designated, the following: 

14 ‘‘(16) The term ‘elder justice’ means efforts to 

15 prevent, detect, treat, intervene in, and respond to 

16 elder abuse, neglect, and exploitation and to protect 

17 elders with diminished capacity while maximizing 

18 their autonomy.’’, 

19 (11) by inserting after paragraph (22), as so re20 designated, the following: 

21 ‘‘(23) The term ‘Hispanic serving institution’ 

22 has the meaning as defined in section 502 of the 

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

24 (12) by inserting after paragraph (30), as so re25 designated, the following: 
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1 ‘‘(31) The term ‘long-term care’ means any serv2 ices, care, or items (including assistive devices), in3 cluding disease prevention and health promotion serv4 ices, in-home services, and case management service— 

5 ‘‘(A) intended to assist individuals in cop6 ing with, and to the extent practicable com7 pensate for, functional impairments in carrying 

8 out activities of daily living; 

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

10 care setting (including a small community care 

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

12 large community care setting as defined in sub13 section (h)(1), of section 1929 of the Social Secu14 rity Act (42 U.S.C. 1396t)), or in a long-term 

15 care facility; and 

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

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

18 (13) by inserting after paragraph (33), as so re19 designated, the following: 

20 ‘‘(34) The term ‘multivitamin-mineral supple21 ment’ means a dietary supplement that provides at 

22 least two-third’s of the essential vitamins and min23 erals at 100 percent of the daily value levels as deter24 mined by the Food and Drug Administration.’’, 
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1 (14) by inserting after paragraph (43), as so re2 designated, the following: 

3 ‘‘(44) The term ‘self-directed care’ means an ap4 proach to providing services (including programs, 

5 benefits, supports, and technology) under this Act in6 tended to an older individual to assist such indi7 vidual with activities of daily living, in which 

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

9 duration, scope, provider, and location of such 

10 services) are planned, budgeted, and purchased 

11 under the direction and control of such indi12 vidual; 

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

14 information and assistance as necessary and ap15 propriate to enable such individual to make in16 formed decisions about his or her care options; 

17 ‘‘(C) the needs, capabilities, and preferences 

18 of such individual with respect to such services, 

19 and such individual’s ability to direct and con20 trol his or her receipt of such services, are as21 sessed by the area agency on aging (or other 

22 agency designated by the area agency on aging); 

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

24 subparagraph (C), the area agency on aging (or 

25 other agency designated by the area agency on 
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1 aging) develops together with such individual 

2 and his or her family, caregiver, or legal rep3 resentative— 

4 ‘‘(i) a plan of services for such indi5 vidual that specifies which services such in6 dividual will be responsible for directing; 

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

8 family members (and others whose partici9 pation is sought by such individual) in pro10 viding services under such plan; and 

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

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

13 agency provides for oversight of such individual’s 

14 self-directed receipt of services, including steps to 

15 ensure the quality of services provided and the 

16 appropriate use of funds under this Act. 

17 ‘‘(45) The term ‘self-neglect’ means an adult’s in18 ability, due to physical or mental impairment or di19 minished capacity, to perform essential self-care tasks 

20 including— 

21 ‘‘(A) obtaining essential food, clothing, shel22 ter, and medical care; 

23 ‘‘(B) obtaining goods and services necessary 

24 to maintain physical health, mental health, or 

25 general safety; or 
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1 ‘‘(C) managing one’s own financial af2 fairs.’’, and 

3 (15) by inserting after paragraph (49), as so re4 designated, the following: 

5 ‘‘(50) The term ‘State system of long-term care’ 

6 means the Federal, State, and local programs and ac7 tivities administered by a State that provide, support, 

8 or facilitate access to long-term care to individuals in 

9 such State.’’. 

10 SEC. 3. ESTABLISHMENT OF ADMINISTRATION ON AGING. 

11 Section 201 of the Older Americans Act of 1965 (42 

12 U.S.C. 3011) is amended by adding at the end the following: 

13 ‘‘(e)(1) The Assistant Secretary may designate within 

14 the Administration responsibility for elder abuse prevention 

15 and services. 

16 ‘‘(2) It shall be the duty of the assistant secretary, act17 ing through the person designated with responsibility for 

18 elder abuse prevention and services, to develop objectives, 

19 priorities, policy, and a long-term plan for— 

20 ‘‘(A) carrying out elder justice programs and ac21 tivities relating to— 

22 ‘‘(i) elder abuse prevention, detection, treat23 ment, and intervention, and response; 

24 ‘‘(ii) training of individuals regarding the 

25 matters described in clause (i); and 
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1 ‘‘(iii) the improvement of the elder justice 

2 system in the United States; 

3 ‘‘(B) collecting and disseminating data relating 

4 to the abuse, neglect, and exploitation of older indi5 viduals; 

6 ‘‘(C) disseminating information concerning best 

7 practices regarding, and providing training on, car8 rying out activities related to abuse, neglect, and ex9 ploitation of older individuals; 

10 ‘‘(D) conducting research related to abuse, ne11 glect, and exploitation of older individuals; 

12 ‘‘(E) providing technical assistance to States and 

13 other eligible entities under title VII; 

14 ‘‘(F) assisting States and other eligible entities 

15 under title VII to develop strategic plans to better co16 ordinate elder justice activities, research, and train17 ing; and 

18 ‘‘(G) promoting collaborative efforts and dimin19 ishing duplicative efforts in the development and car20 rying out of elder justice programs at the Federal, 

21 State, and local levels.’’. 

22 SEC. 4. FUNCTIONS OF THE ASSISTANT SECRETARY. 

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

24 U.S.C. 3012) is amended— 

25 (1) in subsection (a)— 
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1 (A) in paragraph (5) by inserting ‘‘assistive 

2 technology,’’ after ‘‘housing,’’, 

3 (B) in paragraph (12)— 

4 (i) by striking ‘‘(12)’’ and inserting the 

5 following: 

6 ‘‘(12)(A) consult and coordinate activities with 

7 the Centers for Medicare & Medicaid Services and 

8 other federal entities to implement and build aware9 ness of programs providing benefits affecting older in10 dividuals; and 

11 ‘‘(B)’’, 

12 (C) in paragraph (20)— 

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

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

15 aging, and service providers’’, 

16 (ii) by striking ‘‘and benefits’’ and in17 serting ‘‘benefits’’, 

18 (iii) by inserting ‘‘benefits under any 

19 other applicable Federal program, or any 

20 other service (including technology and 

21 internet-based decision support tools) to as22 sist consumers to learn about, to receive 

23 benefits under, and to participate in pro24 grams for which they may be eligible’’ after 

25 ‘‘(7 U.S.C. 2011 et seq.),’’, 
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1 (iv) by inserting ‘‘(A)’’ after ‘‘(20)’’, 

2 and 

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

4 ‘‘(B) provide technical assistance and support 

5 for benefits enrollment assistance and outreach to sup6 port existing efforts to inform and enroll older indi7 viduals who may be eligible to participate, but who 

8 are not participating, in programs for which they are 

9 eligible, and may in cooperation with Federal part10 ners, establish a National Center on Senior Benefits 

11 Outreach and Enrollment, which shall— 

12 ‘‘(i) develop, maintain, and update web13 based decision supports and enrollment tools and 

14 integrated, person-centered systems designed to 

15 inform older individuals about the full range of 

16 benefits for which they may be eligible; 

17 ‘‘(ii) utilize strategies to find and enroll 

18 those with greatest economic need; 

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

20 and Disability Resource Centers, and other pub21 lic and private state and community-based orga22 nizations, including faith-based organizations, to 

23 serve as enrollment benefit centers; 

24 ‘‘(iv) develop and maintain an information 

25 clearinghouse on best practices and cost-effective 
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1 methods for enrolling limited income older Amer2 icans in benefits for which they are eligible; and 

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

4 partners administering programs, training and 

5 technical assistance on effective outreach, screen6 ing, enrollment and follow-up strategies.’’, 

7 (D) in paragraph (26)— 

8 (i) in subsection (D)— 

9 (I) by striking ‘‘gaps in’’, and 

10 (II) by inserting ‘‘(including serv11 ices that would permit such individ12 uals to receive long-term care in home 

13 and community-based settings)’’ after 

14 ‘‘individuals’’, and 

15 (ii) in subsection (E) by striking 

16 ‘‘and’’ at the end, 

17 (E) in paragraph (27)— 

18 (i) in subparagraph (B) by adding 

19 ‘‘and’’ at the end, 

20 (ii) in subparagraph (C) by striking 

21 the semicolon and inserting a period, and 

22 (iii) by striking subparagraph (D), 

23 and 

24 (F) by adding at the end the following: 
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1 ‘‘(28) make available to States information and 

2 technical assistance to support the provision of evi3 dence-based disease prevention and health promotion 

4 services.’’, and 

5 (2) by striking subsections (b) and (c), and in6 serting the following: 

7 ‘‘(b) To promote the development and implementation 

8 of comprehensive, coordinated systems at Federal, State, 

9 and local levels for providing long-term care in home and 

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

11 needs and preferences of older individuals and their family 

12 caregivers, the Assistant Secretary shall, consistent with the 

13 applicable provisions of this title— 

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

15 other Federal agencies and departments responsible 

16 for formulating and implementing programs, benefits, 

17 and services related to providing long-term care, and 

18 may make grants, contracts, and cooperative agree19 ments with funds received from other Federal entities; 

20 ‘‘(2) conduct research and demonstration projects 

21 to identify innovative, cost-effective strategies for 

22 modifying State systems of long-term care to— 

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

24 older individuals and family caregivers; and 
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1 ‘‘(B) target services to individuals at risk 

2 for institutional placement, to permit such indi3 viduals to remain in home and community-based 

4 care settings; 

5 ‘‘(3) establish criteria and promote the imple6 mentation (through area agencies on aging, service 

7 providers, and such other entities as the Assistant 

8 Secretary determines to be appropriate) of evidence9 based programs to assist older individuals and their 

10 family caregivers in learning about and making be11 havioral changes intended to reduce the risk of injury, 

12 disease, and disability among older individuals; 

13 ‘‘(4) facilitate, in coordination with the Centers 

14 for Medicare & Medicaid Services, the provision of 

15 long-term care in home and community-based set16 tings, including the provision of self-directed care 

17 models that— 

18 ‘‘(A) provide for the assessment of the needs 

19 and preferences of an individual at risk for in20 stitutional placement to help such individual 

21 avoid unnecessary nursing home placement and 

22 depletion of income and assets to qualify for 

23 Medicaid eligibility; 

24 ‘‘(B) respond to the needs and preferences of 

25 such individual and provide the option for the 
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1 individual (or representative, as appropriate) to 

2 direct and control the receipt of support services 

3 provided; 

4 ‘‘(C) assist an older individual (or a rep5 resentative, as appropriate) develop a plan for 

6 long-term support, including the selecting, budg7 eting, and purchasing of home and community8 based long-term care and supportive services; 

9 (for purposes of this paragraph, the term ‘representa10 tive’ means a person appointed by the eligible indi11 vidual, or legally acting on the individual’s behalf, to 

12 represent or advise the individual in financial or 

13 service coordination matters); 

14 ‘‘(5) provide for the Administration to play a 

15 lead role with respect to issues concerning home and 

16 community-based long-term care, including— 

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

18 President determines to be appropriate) or other19 wise participating in departmental and inter20 departmental activities concerning long-term 

21 care; 

22 ‘‘(B) reviewing and commenting on depart23 mental rules, regulations, and policies related to 

24 providing long-term care; and 
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1 ‘‘(C) making recommendations to the Sec2 retary with respect to home and community3 based long-term care, including recommendations 

4 based on findings made through projects con5 ducted under paragraph (2); 

6 ‘‘(6) promote, in coordination with other appro7 priate Federal agencies, enhanced awareness by the 

8 public of the importance of planning in advance for 

9 long-term care and the availability of information 

10 and resources to assist in such planning; 

11 ‘‘(7) implement in all states Aging and Dis12 ability Resource Centers— 

13 ‘‘(A) to serve as visible and trusted sources 

14 of information on the full range of long-term 

15 care options that are available in the commu16 nity, including both institutional and home and 

17 community-based care; 

18 ‘‘(B) to provide personalized and consumer 

19 friendly assistance to empower people to make 

20 informed decisions about their care options; 

21 ‘‘(C) to provide coordinated and stream22 lined access to all publicly supported long-term 

23 care options so that consumers can obtain the 

24 care they need though a single intake, assessment 

25 and eligibility determination process; 
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1 ‘‘(D) to help people to plan ahead for their 

2 future long-term care needs; and 

3 ‘‘(E) to assist, in coordination with the 

4 State Health Insurance Assistance Program, 

5 Medicare beneficiaries in understanding and ac6 cessing the Prescription Drug Coverage and pre7 ventative health benefits available under the 

8 Medicare Modernization Act; 

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

10 or contracts, a national technical assistance program 

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

12 community-based service providers funded under this 

13 Act in implementing such home and community14 based long-term care systems including evidence-based 

15 programs; 

16 ‘‘(9) develop, in collaboration with the Adminis17 trator of the Centers for Medicare & Medicaid Serv18 ices, performance standards and measures for use by 

19 States to determine the extent to which their systems 

20 of long-term care fulfill the objectives described in this 

21 subsection; and 

22 ‘‘(10) conduct such other activities as the Assist23 ant Secretary determines to be appropriate. 

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

25 Corporation for National and Community Service, shall— 
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1 ‘‘(1) encourage and permit voluntary groups ac2 tive in supportive services, including youth organiza3 tions active at the secondary or postsecondary levels, 

4 to participate and be involved individually or 

5 through representative groups, in such programs or 

6 activities to the maximum extent feasible; 

7 ‘‘(2) develop a comprehensive strategy for uti8 lizing older individuals to address critical local needs 

9 of national concern; and 

10 ‘‘(3) encourage other community capacity build11 ing initiatives involving older individuals.’’. 

12 SEC. 5. FEDERAL AGENCY CONSULTATION. 

13 Section 203 of the Older Americans Act of 1965 (42 

14 U.S.C. 3013) is amended— 

15 (1) in subsection (a)(3)(A) by striking ‘‘(with 

16 particular attention to low-income minority older in17 dividuals and older individuals residing in rural 

18 areas)’’ and inserting ‘‘(with particular attention to 

19 low-income older individuals, including low-income 

20 minority older individuals, older individuals with 

21 limited English proficiency, and older individuals re22 siding in rural areas)’’, and 

23 (2) in subsection (b)— 

24 (A) in paragraph (17) by striking ‘‘and’’ at 

25 the end, 
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1 (B) in paragraph (18) by striking the pe2 riod at the end and inserting ‘‘; and’’, and 

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

4 ‘‘(19) sections 4 and 5 of the Assistive Tech5 nology Act of 1998 (29 U.S.C. 3003–3004).’’. 

6 SEC. 6. ADMINISTRATION. 

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

8 U.S.C. 3016) is amended— 

9 (1) in subsection (a)— 

10 (A) in paragraph (1)— 

11 (i) in subparagraph (C) by adding 

12 ‘‘and’’ at the end, 

13 (ii) in subparagraph (D) by striking 

14 the semicolon at the end and inserting a pe15 riod, and 

16 (iii) by striking subparagraph (E), 

17 and 

18 (B) in paragraph (2)— 

19 (i) in subparagraph (A)— 

20 (I) by amending clause (i) to read 

21 as follows: 

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

23 evidence-based programs to support improved nutri24 tion and regular physical activity for older individ25 uals;’’, 
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1 (II) by amending clause (iii) to 

2 read as follows: 

3 ‘‘(iii) conducting outreach and disseminating 

4 evidence-based information to nutrition service pro5 viders about the benefits of healthful diets and regular 

6 physical activity, including information about the 

7 most current Dietary Guidelines for Americans pub8 lished under section 301 of the National Nutrition 

9 Monitoring and Related Research Act of 1990 (7 

10 U.S.C. 5341), the Food Guide Pyramid published 

11 jointly by the Secretary and the Secretary of Agri12 culture, and advances in nutrition science;’’, 

13 (III) in clause (vii) by striking 

14 ‘‘and’’ at the end, and 

15 (IV) by striking clause (viii) and 

16 inserting the following: 

17 ‘‘(viii) disseminating guidance that describes 

18 strategies for improving the nutritional quality of 

19 meals provided under title III, particularly strategies 

20 for increasing the consumption of whole grains, lowfat 

21 dairy products, fruits and vegetables; 

22 ‘‘(ix) developing and disseminating guidelines 

23 for conducting nutrient analyses of meals provided in 

24 subparts 1 and 2 of part C, including guidelines for 
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1 averaging key nutrients over an appropriate period of 

2 time; and 

3 ‘‘(x) providing technical assistance to the re4 gional offices of the Administration with respect to 

5 each duty described in clauses (i) through (viii).’’, 

6 and 

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

8 to read as follows: 

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

10 and meal planning; and’’. 

11 SEC. 7. EVALUATION. 

12 The 1st sentence of section 206(g) of the Older Ameri13 cans Act of 1965 (42 U.S.C. 3017(g)) is amended to read 

14 as follows: 

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

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

may be necessary, but not to exceed 1 17 ⁄2 of 1 percent of such 

18 amount, for purposes of conducting evaluations under this 

19 section, either directly or through grants or contracts.’’. 

20 SEC. 8. REPORTS. 

21 Section 207(b)(2) of the Older Americans Act of 1965 

22 (42 U.S.C. 3018(b)(2)) is amended— 

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

24 and inserting ‘‘the Workforce’’, and 
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1 (2) in subparagraph (C) by striking ‘‘Labor and 

2 Human Resources’’ and inserting ‘‘Health, Edu3 cation, Labor, and Pensions’’. 

4 SEC. 9. CONTRACTUAL, COMMERCIAL AND PRIVATE PAY RE5 LATIONSHIPS; APPROPRIATE USE OF ACT 

6 FUNDS. 

7 (a) PRIVATE PAY RELATIONSHIPS; APPROPRIATE USE

8 OF ACT FUNDS.—Section 212 of the Older Americans Act 

9 of 1965 (42 U.S.C. 3020c) is amended to read as follows: 

10 ‘‘SEC. 212. CONTRACTING AND GRANT AUTHORITY; PRIVATE 

11 PAY RELATIONSHIPS; APPROPRIATE USE OF 

12 FUNDS. 

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

14 shall not be construed to prevent a recipient of a grant or 

15 a contract from entering into an agreement— 

16 ‘‘(1) with a profitmaking organization; 

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

18 grant or contract are used to pay part or all of a cost 

19 (including an administrative cost) incurred by such 

20 recipient to carry out a contract or commercial rela21 tionship for the benefit of older individuals or their 

22 family caregivers, whether such relationship is carried 

23 out to implement a provision of this Act or to conduct 

24 activities inherently associated with implementing 

25 such provision; or 
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1 ‘‘(3) under which any individual, regardless of 

2 age or income (including the family caregiver of such 

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

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

5 services based on the fair market value of such serv6 ices. 

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

8 agreement described under subsection (a) may not— 

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

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

11 VI, without the prior recommendation of the Director 

12 of the Office for American Indian, Alaska Native, and 

13 Native Hawaiian Aging and the prior approval of the 

14 Assistant Secretary); 

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

16 the effect of, paying, reimbursing, or otherwise com17 pensating an entity under such agreement in an 

18 amount that exceeds the fair market value of the goods 

19 or services furnished by such entity under such agree20 ment; 

21 ‘‘(3) result in the displacement of services other22 wise available to an older individual with the greatest 

23 social need, an older individual with greatest eco24 nomic need, or an older individual who is at risk for 

25 institutional placement; or 
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1 ‘‘(4) in any other way compromise, undermine, 

2 or be inconsistent with the objective of serving the 

3 needs of older individuals, as determined by the As4 sistant Secretary.’’. 

5 SEC. 10. NUTRITION EDUCATION. 

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

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

8 ‘‘SEC. 214. NUTRITION EDUCATION. 

9 ‘‘The Assistant Secretary, in consultation with the Sec10 retary of Agriculture, shall conduct outreach and provide 

11 technical assistance to agencies and organizations that serve 

12 older individuals to assist such agencies and organizations 

13 to carry out integrated health promotion and disease pre14 vention programs that are designed for older individuals 

15 and that include nutrition education, physical activity, and 

16 other activities to modify behavior and to improve health 

17 literacy (including information on optimal nutrient intake) 

18 through education and counseling in accordance with sec19 tion 339(2)(J).’’. 

20 SEC. 11. PENSION COUNSELING AND INFORMATION PRO21 GRAMS. 

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

23 U.S.C. 3020e–1) is amended— 

24 (1) in subsection (e)(1)(J) by striking ‘‘and low25 income retirees’’ and inserting ‘‘, low income retirees, 
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1 and older individuals with limited English pro2 ficiency’’, 

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

4 to read as follows: 

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

6 outreach to affected populations, particularly popu7 lations with limited English proficiency and other 

8 populations that are identified in need of special out9 reach.’’, and 

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

11 individuals with limited English proficiency)’’ after 

12 ‘‘individuals’’. 

13 SEC. 12. AUTHORIZATION OF APPROPRIATIONS. 

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

15 U.S.C. 3020f) is amended— 

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

17 2003, 2004, and 2005’’ and inserting ‘‘2007, 2008, 

18 2009, 2010, and 2011.’’, and 

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

20 and all that follows through ‘‘years’’, and inserting 

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

22 SEC. 13. PURPOSE; ADMINISTRATION. 

23 Section 301(a)(2) of the Older Americans Act of 1965 

24 (42 U.S.C. 3021(a)(2)) is amended— 
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1 (1) in subparagraph (D) by striking ‘‘and’’ at 

2 the end, 

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

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

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

6 ‘‘(F) organizations with experience in providing 

7 senior volunteer services, such as Federal volunteer 

8 programs administered by the Corporation for Na9 tional and Community Service designed to provide 

10 training, placement, and stipends for volunteers in 

11 community service settings.’’. 

12 SEC. 14. AUTHORIZATION OF APPROPRIATIONS; USES OF 

13 FUNDS. 

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

15 U.S.C. 3023) is amended— 

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

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

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

19 2008, 2009, 2010, and 2011’’, and 

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

21 place it appears and inserting ‘‘2007’’. 

22 SEC. 15. ORGANIZATION. 

23 Section 305(a) of the Older Americans Act of 1965 (42 

24 U.S.C. 3025(a)) is amended— 
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1 (1) in paragraph (1)(E) by striking ‘‘(with par2 ticular attention to low-income minority individuals 

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

4 place it appears and inserting ‘‘(with particular at5 tention to low-income older individuals, including 

6 low-income minority older individuals, older individ7 uals with limited English proficiency, and older indi8 viduals residing in rural areas)’’, 

9 (2) in paragraph (2)(E) by striking ‘‘with par10 ticular attention to low-income minority individuals 

11 and older individuals residing in rural areas’’ and 

12 inserting ‘‘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’’, and 

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

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

19 section, promote the development and implementation 

20 of a comprehensive, coordinated system in such State 

21 for providing long-term care in home and commu22 nity-based settings, in a manner responsive to the 

23 needs and preferences of older individuals and their 

24 family caregivers, by— 
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1 ‘‘(A) collaborating, coordinating, and con2 sulting with other agencies in such State respon3 sible for formulating, implementing, and admin4 istering programs, benefits, and services related 

5 to providing long-term care; 

6 ‘‘(B) participating in any State government 

7 activities concerning long-term care, including 

8 reviewing and commenting on any State rules, 

9 regulations, and policies related thereto; 

10 ‘‘(C) conducting analyses, making rec11 ommendations, and implementing programs and 

12 strategies to modify the State’s system of long13 term care to better— 

14 ‘‘(i) respond to the needs and pref15 erences of older individuals and family 

16 caregivers; 

17 ‘‘(ii) facilitate the provision of long18 term care in home and community-based 

19 settings through service providers; 

20 ‘‘(iii) target services to individuals at 

21 risk for institutional placement, to permit 

22 such individuals to remain in home and 

23 community-based care settings; and 

24 ‘‘(iv) implement (through area agencies 

25 on aging, service providers, and such other 
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1 entities as the State determines to be appro2 priate) evidence-based programs to assist 

3 older individuals and their family care4 givers in learning about and making behav5 ioral changes intended to reduce the risk of 

6 injury, disease, and disability among older 

7 individuals; and 

8 ‘‘(D) providing for the availability and dis9 tribution (through public education campaigns, 

10 aging and disability resource centers, area agen11 cies on aging, and other appropriate means) of 

12 information relating to— 

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

14 long-term care; and 

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

16 private long-term care programs, options, 

17 and resources.’’. 

18 SEC. 16. AREA PLANS. 

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

20 U.S.C. 3026) is amended— 

21 (1) in subsection (a)— 

22 (A) in paragraph (1)— 

23 (i) by striking ‘‘(with particular atten24 tion to low-income minority individuals 

25 and older individuals residing in rural 
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1 areas)’’ each place it appears and inserting 

2 ‘‘(with particular attention to low-income 

3 older individuals, low-income minority 

4 older individuals, older individuals with 

5 limited English proficiency, and older indi6 viduals residing in rural areas)’’, and 

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

8 individuals at risk for institutional place9 ment residing in such area,’’ after ‘‘individ10 uals) residing in such area,’’, 

11 (B) in paragraph (2)(A) by inserting 

12 ‘‘health services (including mental health serv13 ices),’’ after ‘‘transportation,’’ 

14 (C) in paragraph (4)— 

15 (i) in subparagraph (A)— 

16 (I) by amending clause (i) to read 

17 as follows: 

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

19 aging will— 

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

21 State policy, for providing services to older indi22 viduals with greatest economic need, older indi23 viduals with greatest social need, and older indi24 viduals at risk for institutional placement; 
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1 ‘‘(II) include in the area plan specific objec2 tives for providing services to low-income minor3 ity older individuals and older individuals resid4 ing 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 the 

21 following: 

22 ‘‘(VI) older individuals at risk for in23 stitutional placement; and’’, and 

24 (III) by striking ‘‘(VI)’’ and in25 serting ‘‘(VII)’’, 
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1 (D) in paragraph (5) by inserting ‘‘and in2 dividuals at risk for institutional placement’’ 

3 after ‘‘severe disabilities’’, 

4 (E) in paragraph (6)— 

5 (i) in subparagraph (C)— 

6 (I) in clause (i) by striking ‘‘and’’ 

7 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 in pro13 viding direct services delivered to elderly and 

14 disabled individuals needing such care and, if 

15 possible, work in coordination with volunteer 

16 programs (including programs administered by 

17 the Corporation for National Service) designed to 

18 provide training, placement, and stipends for 

19 volunteers in community service settings.’’, 

20 (ii) in subparagraph (D)— 

21 (I) by inserting ‘‘family care22 givers of such individuals,’’ after 

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

3 ‘‘individuals,’’, and 

4 (iii) in subparagraph (F) by inserting 

5 ‘‘(including mental health screening)’’ after 

6 ‘‘provided’’ the 1st place it appears, 

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

8 follows: 

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

10 consistent with this section, facilitate the area-wide 

11 development and implementation of a comprehensive, 

12 coordinated system for providing long-term care in 

13 home and community-based settings, in a manner re14 sponsive to the needs and preferences of older individ15 uals and their family caregivers, by— 

16 ‘‘(A) collaborating, coordinating, and con17 sulting with other local public and private agen18 cies and organizations responsible for admin19 istering programs, benefits, and services related 

20 to providing long-term care; 

21 ‘‘(B) conducting analyses and making rec22 ommendations with respect to strategies for 

23 modifying the local system of long-term care to 

24 better— 
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1 ‘‘(i) respond to the needs and pref2 erences of older individuals and family 

3 caregivers; 

4 ‘‘(ii) facilitate the provision, through 

5 service providers, of long-term care in home 

6 and community-based settings; and 

7 ‘‘(iii) target services to older individ8 uals at risk for institutional placement, to 

9 permit such individuals to remain in home 

10 and community-based care settings; 

11 ‘‘(C) implement, through the agency or serv12 ice providers, evidence-based programs to assist 

13 older individuals and their family caregivers in 

14 learning about and making behavioral changes 

15 intended to reduce the risk of injury, disease, 

16 and disability among older individuals; and 

17 ‘‘(D) provide for the availability and dis18 tribution (through public education campaigns, 

19 aging and disability resource centers, and other 

20 appropriate means) of information relating to— 

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

22 long-term care; and 

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

24 private long-term care programs, options, 

25 and resources;’’, 
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1 (G) by striking paragraph (14) and the 2 

2 paragraphs (15), 

3 (H) by redesignating paragraph (16) as 

4 paragraph (14), and 

5 (I) by adding at the end the following: 

6 ‘‘(15) provide assurances that funds received 

7 under this title will be used— 

8 ‘‘(A) in a manner, consistent with para9 graph (4), that gives priority in furnishing bene10 fits and services to older individuals with great11 est economic need, older individuals with great12 est social need, and older individuals at risk for 

13 institutional placement; and 

14 ‘‘(B) in compliance with the assurances 

15 specified in paragraph (13) and the limitations 

16 specified in section 212(b); and 

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

18 for the furnishing of services under this Act consistent 

19 with self-directed care.’’, 

20 (2) by redesignating subsections (b), (c), (d), and 

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

22 (3) by inserting after subsection (a) the fol23 lowing: 

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

25 area plan an assessment of how prepared the planning and 
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1 service area is for any anticipated change in the number 

2 of older individual during the 10-year period following the 

3 fiscal year for which the plan is submitted. Such assessment 

4 may include— 

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

6 individuals in the planning and service area; 

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

8 such individuals, including such individuals with low 

9 incomes, such individuals with greatest economic 

10 need, minority older individuals, older individuals re11 siding in rural areas, and older individuals with lim12 ited English proficiency; 

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

14 and services provided in the planning and service 

15 area can be improved, and how resource levels can be 

16 adjusted, to meet the needs of the changing population 

17 of older individuals in such area; and 

18 ‘‘(D) an analysis of how the change in the num19 ber of individuals 85 years of age and older is ex20 pected to affect the need for supportive services. 

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

22 government officials, State agencies, tribal organizations, or 

23 local entities, may make recommendations to government 

24 officials in the planning and service area and the State, 

25 on actions determined by the area agency to build the ca-
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1 pacity in the planning and service area to meet the needs 

2 of older individuals for— 

3 ‘‘(A) health and human services; 

4 ‘‘(B) land use; 

5 ‘‘(C) housing; 

6 ‘‘(D) transportation; 

7 ‘‘(E) public safety; 

8 ‘‘(F) workforce and economic development; 

9 ‘‘(G) recreation; 

10 ‘‘(H) education; 

11 ‘‘(I) civic engagement; and 

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

13 agency.’’. 

14 SEC. 17. STATE PLANS. 

15 Section 307(a) of the Older Americans Act of 1965 (42 

16 U.S.C. 3027(a)) is amended— 

17 (1) in paragraph (4) by striking ‘‘with par18 ticular attention to low-income minority individuals 

19 and older individuals residing in rural areas’’ and 

20 inserting ‘‘low-income minority older individuals, 

21 older individuals with limited English proficiency, 

22 and older individuals residing in rural areas’’, 

23 (2) by striking paragraph (15), 

24 (3) by redesignating paragraph (14) as para25 graph (15), 
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1 (4) by inserting after paragraph (13) the fol2 lowing: 

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

4 year preceding the fiscal year for which such plan is 

5 prepared— 

6 ‘‘(A) identify the number of low-income mi7 nority older individuals in the State, including 

8 the number of low-income older individuals with 

9 limited English proficiency; and 

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

11 service needs of such minority older individuals, 

12 including the plan to service the needs of older 

13 individuals with limited English proficiency.’’, 

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

15 by striking ‘‘(with particular attention to low-income 

16 minority individuals and older individuals residing 

17 in rural areas)’’ each place it appears and inserting 

18 ‘‘(with particular attention to low-income older indi19 viduals, low-income minority older individuals, older 

20 individuals with limited English proficiency, and 

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

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

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

24 area agencies on aging will, to the maximum extent 
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1 feasible, provide for the furnishing of services under 

2 this Act consistent with self-directed care. 

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

4 of the State, an assessment of how prepared the State 

5 is, under the State’s statewide service delivery model, 

6 for a change in the number of older individuals dur7 ing the 10-year period following the fiscal year for 

8 which the plan is submitted. 

9 ‘‘(B) Such assessment may include— 

10 ‘‘(i) the projected change in the number of 

11 older individuals in the State; 

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

13 affect such individuals, including individuals 

14 with low incomes, individuals with great eco15 nomic need, minority older individuals, older in16 dividuals residing in rural areas, and older in17 dividuals with limited English proficiency; 

18 ‘‘(iii) an analysis of how the programs, 

19 policies, and services provided by the State can 

20 be improved, including coordinating with area 

21 agencies on aging, and how resource levels can be 

22 adjusted to meet the needs of the changing popu23 lation of older individuals in the State; and 

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

25 number of individuals 85 years of age and older 
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1 in the State is expected to affect the need for sup2 portive services.’’. 

3 SEC. 18. PAYMENTS. 

4 Section 309(b)(2) of the Older Americans Act of 1965 

5 (42 U.S.C. 3029(b)(2)) is amended by striking ‘‘the non6 Federal share required prior to fiscal year 1981’’ and in7 serting ‘‘10 percent of the cost of the services specified in 

8 such section 304(d)(1)(D)’’. 

9 SEC. 19. NUTRITION SERVICES INCENTIVE PROGRAM. 

10 (a) CASH ONLY PROGRAM; AUTHORITY TO USE PRO11 GRAM FUNDS TO PURCHASE FOOD THROUGH SCHOOL

12 FOOD AUTHORITIES.—Section 311 of the Older Americans 

13 Act of 1965 (42 U.S.C. 3030a) is amended-— 

14 (1) in subsection (b) by adding at the end the 

15 following: 

16 ‘‘(3) Each State agency shall promptly and equitably 

17 disburse amounts received under this subsection to recipi18 ents of grants and contracts.’’, 

19 (2) in subsection (c)— 

20 (A) in paragraph (1) by inserting ‘‘(includ21 ing bonus commodities)’’ after ‘‘commodities’’, 

22 (B) in paragraph (2) by inserting ‘‘(includ23 ing bonus commodities)’’ after ‘‘commodities’’, 

24 (C) in paragraph (3) by inserting ‘‘(includ25 ing bonus commodities)’’ after ‘‘products’’, and 
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1 (D) by adding at the end the following: 

2 ‘‘(4) Among the commodities delivered under this sub3 section, the Secretary of Agriculture shall give special em4 phasis to high protein foods. The Secretary of Agriculture, 

5 in consultation with the Assistant Secretary, is authorized 

6 to prescribe the terms and conditions respecting the dona7 tion of commodities under this subsection.’’, 

8 (3) by amending subsection (d) to read as fol9 lows: 

10 ‘‘(d)(1) Amounts provided under subsection (b) to 

11 State grantees and contractors, and to title VI grantees, 

12 shall be available only for the purchase by such entities of 

13 United States agricultural commodities and other foods for 

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

15 ‘‘(2) Part or all of the amounts received by an entity 

16 specified in paragraph (1) may be used to pay a school 

17 food authority (as referred to under the Richard B. Russell 

18 National School Lunch Act (42 U.S.C.1751 et seq.) to ob19 tain United States agricultural commodities for such enti20 ty’s nutrition projects, in accordance with an agreement be21 tween the entity and the school food authority, under which 

22 such payments— 

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

24 and 
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1 ‘‘(B) may cover related expenses incurred by the 

2 school food authority, including the cost of trans3 porting, distributing, processing, storing, and han4 dling such commodities.’’, 

5 (4) in subsection (e) by striking ‘‘2001’’ and in6 serting ‘‘2007’’, 

7 (5) in subsection (f)— 

8 (A) in the matter preceding paragraph (1) 

9 by striking ‘‘the Secretary of Agriculture and the 

10 Secretary of Health and Human Services’’ and 

11 inserting ‘‘the Assistant Secretary and the Sec12 retary of Agriculture’’, and 

13 (B) by amending paragraphs (1) and (2) to 

14 read as follows: 

15 ‘‘(1) school food authorities participating in pro16 grams authorized under the Richard B. Russell Na17 tional School Lunch Act within the geographic area 

18 served by each such State agency; and 

19 ‘‘(2) the donated foods available to such State 

20 agencies, area agencies on aging, and providers under 

21 subsection (c).’’. 

22 SEC. 20. CONSUMER CONTRIBUTIONS. 

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

24 U.S.C. 3030c–2) is amended-— 

25 (1) in subsection (b)— 
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1 (A) in paragraph (1) by striking ‘‘provided 

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

3 shall be encouraged for individuals whose self-de4 clared income is at or above 125 percent of the 

5 poverty line and may be requested at contribu6 tion levels based on the actual cost of services, 

7 if’’, and 

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

9 to supplement (not supplant) funds received 

10 under this Act’’ after ‘‘given’’, 

11 (2) in subsection (c)(2) by striking ‘‘(with par12 ticular attention to low-income minority individuals 

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

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

15 older individuals, including low-income minority 

16 older individuals, older individuals with limited 

17 English proficiency, and older individuals residing in 

18 rural areas)’’, and 

19 (3) in subsection (d) by striking ‘‘with par20 ticular attention to low-income and minority individ21 uals and older individuals residing in rural areas’’ 

22 and inserting ‘‘, with particular attention to low-in23 come older individuals, including low-income minor24 ity older individuals, older individuals with limited 
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1 English proficiency, and older individuals residing in 

2 rural areas’’. 

3 SEC. 21. SUPPORTIVE SERVICES AND SENIOR CENTERS 

4 PROGRAM. 

5 Section 321(a) of the Older Americans Act of 1965 (42 

6 U.S.C. 3030d(a)) is amended— 

7 (1) in paragraph (8) by inserting ‘‘(including 

8 mental health screening)’’ after ‘‘screening’’, 

9 (2) in paragraph (11) by inserting ‘‘(including 

10 assistive technology devices and assistive technology 

11 services)’’ after ‘‘services’’, 

12 (3) in paragraph (14)(B) by inserting ‘‘(includ13 ing mental health)’’ after ‘‘health’’, 

14 (4) in paragraph (22) by striking the period at 

15 the end and inserting a semicolon, 

16 (5) by redesignating paragraph (23) as para17 graph (24), and 

18 (6) by inserting after paragraph (22) the fol19 lowing: 

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

21 agencies on aging, and local service providers carry 

22 out and coordinate, with respect to mental health 

23 services, activities including outreach, education, 

24 screening, and referral for treatment of older individ25 uals; and’’. 
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1 SEC. 22. NUTRITION SERVICE. 

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

3 Americans Act of 1965 (42 U.S.C. 3030e–3030g–22), insert 

4 the following: 

5 ‘‘SEC. 330. PURPOSE. 

6 ‘‘It is the purpose of this part to promote socialization 

7 and the health and well-being of older individuals by assist8 ing such individuals to gain access to disease prevention 

9 and health promotion services (including information, nu10 trition services, and programs of physical activity) to delay 

11 the onset of health conditions resulting from poor nutri12 tional health or sedentary behavior.’’. 

13 SEC. 23. CONGREGATE NUTRITION PROGRAM. 

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

15 U.S.C. 3030e) is amended— 

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

17 ‘‘projects that—’’, 

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

19 (3) in paragraph (2)— 

20 (A) by striking ‘‘which’’ the last place it ap21 pears, and 

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

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

24 following: 
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1 ‘‘(3) provide nutrition education, nutrition coun2 seling, and other nutrition services, as appropriate, 

3 based on the needs of meal participants; and 

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

5 (1), a multivitamin-mineral supplement as an addi6 tion to such meal.’’. 

7 SEC. 24. HOME DELIVERED NUTRITION SERVICES. 

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

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

10 ‘‘SEC. 336. PROGRAM AUTHORIZED. 

11 ‘‘The Assistant Secretary shall establish and carry out 

12 a program to make grants to States under State plans ap13 proved under section 307 for the establishment and oper14 ation of nutrition projects for older individuals which pro15 vide, on 5 or more days a week (except in a rural area 

16 where such frequency is not feasible (as defined by the As17 sistant Secretary by rule) and a lesser frequency is ap18 proved by the State agency)— 

19 ‘‘(1) at least 1 home delivered meal per day con20 sisting of hot, cold, frozen, dried, canned, fresh, or 

21 supplemental foods and any additional meals that the 

22 recipient of a grant or contract under this subpart 

23 elects to provide; and 
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1 ‘‘(2) nutrition education, nutrition counseling, 

2 and other nutrition services as appropriate, based on 

3 the needs of meal recipients.’’. 

4 SEC. 25. CRITERIA. 

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

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

7 ‘‘SEC. 337. CRITERIA. 

8 ‘‘The Assistant Secretary, in consultation with experts 

9 in the field of nutrition science, dietetics, meal planning 

10 and food service management, and aging, shall develop 

11 minimum criteria of efficiency and quality for the fur12 nishing of home delivered meal services for projects de13 scribed in section 336.’’. 

14 SEC. 26. NUTRITION. 

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

16 U.S.C. 3030g–21) is amended— 

17 (1) by amending paragraph (1) to read as fol18 lows: 

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

20 individual with equivalent education and training in 

21 nutrition science, or if such an individual is not 

22 available, an individual with comparable expertise in 

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

24 (2) in paragraph (2)— 

25 (A) in subparagraph (A)— 
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1 (i) by amending clause (i) to read as 

2 follows: 

3 ‘‘(i) comply with the most recent Die4 tary Guidelines for Americans, published by 

5 the Secretary and the Secretary of Agri6 culture, and’’, and 

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

8 recommended dietary allowances as’’ and 

9 inserting ‘‘dietary reference intakes’’, 

10 (B) in subparagraph (D)— 

11 (i) by inserting ‘‘joint’’ after ‘‘encour12 ages’’, and 

13 (ii) by inserting ‘‘shared’’ after ‘‘pro14 mote’’, 

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

16 as follows: 

17 ‘‘(G) ensures that local meal providers so18 licit the advice and expertise of— 

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

20 available, an individual with comparable 

21 expertise in the planning of nutrition and 

22 food services, 

23 ‘‘(ii) meal participants, and 
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1 ‘‘(iii) other individuals knowledgeable 

2 with regard to the needs of older individ3 uals,’’, 

4 (D) in subparagraph (H) by striking ‘‘and 

5 accompany’’, 

6 (E) by amending subparagraph (J) to read 

7 as follows: 

8 ‘‘(J) provides for nutrition screening and 

9 nutrition education, and nutrition assessment 

10 and counseling if appropriate, and’’, and 

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

12 ‘‘(K) encourages professionals who dis13 tribute nutrition assistance under subpart 2 to 

14 provide information to homebound seniors on 

15 how to get an influenza vaccination in their 

16 local areas.’’. 

17 SEC. 27. EVALUATION OF NUTRITION PROJECTS. 

18 (a) STUDY.—The Assistant Secretary for Aging shall 

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

20 Act of 1965 to enter into a contract with the Food and Nu21 trition Board of the Institute of Medicine, for the purpose 

22 of establishing an independent panel of experts that will 

23 conduct an evidence-based evaluation of the nutrition 

24 projects authorized in such Act. Such study shall, to the 

25 extent data are available, include— 
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1 (1) an evaluation of the effect of nutrition 

2 projects authorized by such Act on— 

3 (A) health status of participants, including 

4 nutritional status, 

5 (B) prevention of participant hunger and 

6 food insecurity, and 

7 (C) ability of participants to remain living 

8 independently, 

9 (2) a cost-benefit analysis of nutrition projects 

10 authorized by such Act, including the potential to af11 fect costs of Federal programs under title XIX of the 

12 Social Security Act, and 

13 (3) recommendations for how nutrition projects 

14 authorized by such Act may be modified to improve 

15 the outcomes described in paragraph (1), including 

16 recommendations for improving the nutritional qual17 ity of meals and other potential strategies to improve 

18 the nutritional status of participants, including vita19 min-mineral supplementation. 

20 (b) TIMING.—The Institute of Medicine shall establish 

21 an independent panel of experts not later than 90 days after 

22 the date of the enactment of this Act. The panel shall submit 

23 to the Assistant Secretary the report described in subsection 

24 (a) not later than 24 months after the date of the enactment 

25 of this Act. The Assistant Secretary shall submit a report 
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1 on the findings of the evidence-based study described in such 

2 subsection to the Committee on Education and the Work3 force of the House of Representatives and the Committee 

4 on Health, Education, Labor and Pensions of the Senate. 

5 SEC. 28. IMPROVING INDOOR AIR QUALITY IN BUILDINGS 

6 WHERE SENIORS CONGREGATE. 

7 Section 361 of the Older Americans Act of 1965 (42 

8 U.S.C. 3030m) is amended by adding at the end the fol9 lowing: 

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

11 with qualified experts to provide information on methods 

12 of improving indoor air quality in buildings where seniors 

13 congregate.’’. 

14 SEC. 29. CAREGIVER SUPPORT PROGRAM DEFINITIONS. 

15 Section 372 of the National Family Caregiver Support 

16 Act (42 U.S.C. 3030s) is amended— 

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

18 individual with a disability’’ after ‘‘age’’, 

19 (2) in paragraph (2) by inserting ‘‘or an indi20 vidual with Alzheimer’s disease or a related disorder 

21 with neurological and organic brain dysfunction’’ be22 fore the period at the end, and 

23 (3) in paragraph (3) by striking ‘‘60’’ and in24 serting ‘‘55’’. 
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1 SEC. 30. CAREGIVER SUPPORT PROGRAM. 

2 Section 373 of the National Family Caregiver Support 

3 Act (42 U.S.C. 3030s–1) is amended— 

4 (1) in subsection by (b)(3) by striking ‘‘care5 givers to assist’’ and all that follows through the end 

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

7 addressing caregiver issues related to the areas of 

8 health, nutrition, and financial literacy, and in mak9 ing decisions and solving problems relating to their 

10 caregiving roles;’’, 

11 (2) by amending subsection (d) to read as fol12 lows: 

13 ‘‘(d) USE OF VOLUNTEERS.—In carrying out this sub14 part, each area agency on aging shall encourage the use 

15 of trained volunteers to expand the available services de16 scribed in subsection (b) and shall, if possible, coordinate 

17 with volunteer programs (including programs administered 

18 by the Corporation for National Service) designed to pro19 vide training, placement, and stipends for volunteers in 

20 community service settings.’’, 

21 (3) in subsection (e)(3) by adding at the end the 

22 following: ‘‘The reports shall describe any mechanisms 

23 used in the State to provide family caregivers of an 

24 older individual and relative caregivers of a child or 

25 an adult child with a disability, information about 
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1 and access to various services so that caregivers can 

2 better carry out their care responsibilities.’’, and 

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

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

5 2010, and 2011’’. 

6 SEC. 31. ACTIVITIES OF NATIONAL SIGNIFICANCE. 

7 Section 376(a) of the National Family Caregiver Sup8 port Act (42 U.S.C. 3030s–12(a)) is amended— 

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

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

11 (3) by striking ‘‘program’’ and inserting ‘‘pro12 grams that include’’, 

13 (4) by striking ‘‘research.’’ and inserting ‘‘re14 search, including— 

15 ‘‘(1) intergenerational programs, including sup16 ports for grandparents and other older relatives rais17 ing children (such as kinship navigator programs), 

18 and sustaining and replicating innovative 

19 intergenerational family support programs that in20 volve senior volunteers; 

21 ‘‘(2) Programs providing support and informa22 tion to families who have a child with a disability or 

23 chronic illness and to other families in need of such 

24 family support programs; 
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1 ‘‘(3) programs addressing unique issues faced by 

2 rural caregivers; 

3 ‘‘(4) programs focusing on the needs of older per4 sons with Alzheimer’s disease and related dementia 

5 and their caregivers; and 

6 ‘‘(5) programs supporting caregivers in the role 

7 they play in health promotion and disease preven8 tion.’’, and 

9 (5) by striking subsection (b). 

10 SEC. 32. TITLE IV GRANT PROGRAMS. 

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

12 U.S.C. 3032) is amended— 

13 (1) in subsection (a)— 

14 (A) in paragraph (8) by striking ‘‘and’’ at 

15 the end, 

16 (B) by redesignating paragraph (9) as 

17 paragraph (11), and 

18 (C) by inserting after paragraph (8) the fol19 lowing: 

20 ‘‘(9) planning activities to prepare communities 

21 for the aging of the population, which include— 

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

23 ‘‘(B) activities to coordinate State and local 

24 agencies in order to meet the needs of older indi25 viduals; and 
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1 ‘‘(C) training and technical assistance to 

2 support States, area agencies on aging, and trib3 al organizations receiving a grant under title VI, 

4 engage in community planning activities; and 

5 ‘‘(10) the development, implementation, and as6 sessment of technology-based service models and best 

7 practices, to support the use of health monitoring and 

8 assessment technologies, communication devices, as9 sistive technologies, and other technologies that may 

10 remotely connect family and professional caregivers to 

11 frail elderly residing in home- and community-based 

12 settings or rural areas; and’’, and 

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

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

15 2007, 2008, 2009, 2010, and 2011’’. 

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

17 Section 412(a) of the Older Americans Act of 1965 (42 

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

19 to read as follows: 

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

21 grants to institutions of higher education, including histori22 cally Black colleges or universities, Hispanic serving insti23 tutions, and Hispanic Centers of Excellence in Applied Ger24 ontology, to provide education and training that prepares 

25 students for careers in the field of aging.’’. 
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1 SEC. 34. HEALTH CARE SERVICE DEMONSTRATION 

2 PROJECTS IN RURAL AREAS. 

3 Section 414 of the Older Americans Act of 1965 (42 

4 U.S.C. 3032d) is amended— 

5 (1) in subsection (a) by inserting ‘‘mental health 

6 services,’’ after ‘‘care,’’, and 

7 (2) in subsection (b)(1)(B)(i) by inserting ‘‘men8 tal health,’’ after ‘‘health,’’. 

9 SEC. 35. DEMONSTRATION PROJECTS FOR 

10 MULTIGENERATIONAL ACTIVITIES. 

11 Section 417(c)(2) of the Older Americans Act of 1965 

12 (42 U.S.C. 3032f(c)(2)) is amended by striking ‘‘(with par13 ticular attention to low-income minority individuals and 

14 older individuals residing in rural areas)’’ and inserting 

15 ‘‘(with particular attention to low-income older individ16 uals, including low-income minority older individuals, 

17 older individuals with limited English proficiency, and 

18 older individuals residing in rural areas)’’. 

19 SEC. 36. NATIVE AMERICAN PROGRAMS. 

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

21 1965 (42 U.S.C. 3032g(a)(2)(B)(i)) is amended by inserting 

22 ‘‘(including mental health)’’ after ‘‘problems’’. 

23 SEC. 37. RESPONSIBILITIES OF ASSISTANT SECRETARY. 

24 Section 432(c)(2)(B) of the Older Americans Act of 

25 1965 (42 U.S.C. 3033a(c)(2)(B)) is amended by inserting 

26 ‘‘, including preparing an analysis of such services, 
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1 projects, and programs, and of how the evaluation relates 

2 to improvements in such services, projects, and programs 

3 and in the strategic plan of the Administration’’ before the 

4 period at the end. 

5 SEC. 38. COMMUNITY SERVICE EMPLOYMENT-BASED TRAIN6 ING FOR OLDER AMERICANS. 

7 Title V of the Older Americans Act of 1965 (42 U.S.C. 

8 3056 et seq.) is amended to read as follows: 

9 ‘‘TITLE V—COMMUNITY SERVICE 

10 EMPLOYMENT-BASED TRAIN11 ING FOR OLDER AMERICANS 

12 ‘‘SEC. 501. SHORT TITLE. 

13 ‘‘This title may be cited as the ‘Older American Com14 munity Service Employment-Based Training Act’. 

15 ‘‘SEC. 502. OLDER AMERICAN COMMUNITY SERVICE EM16 PLOYMENT-BASED TRAINING PROGRAM. 

17 ‘‘(a) To foster individual economic self-sufficiency and 

18 to increase the number of individuals who may enjoy the 

19 benefits of unsubsidized employment in both the public and 

20 private sectors, the Secretary of Labor (hereafter in this title 

21 referred to as the ‘Secretary’) may establish an older Amer22 ican community service employment-based training pro23 gram to foster and promote useful part-time public and pri24 vate-sector employment-based training opportunities for 

25 unemployed low-income eligible individuals who have poor 
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1 employment prospects and to provide vital social and 

2 human services to communities by providing work experi3 ence to eligible individuals in public agencies, community4 based and faith-based organizations. 

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

6 grants to public and nonprofit agencies and organizations, 

7 agencies of a State, and tribal organizations to carry out 

8 the program established under subsection (a). Such grants 

9 may provide for the payment of costs, as provided in sub10 section (c), of projects developed by such organizations and 

11 agencies in cooperation with the Secretary in order to make 

12 such program effective or to supplement such program. No 

13 payment shall be made by the Secretary toward the cost 

14 of any project established or administered by any organiza15 tion or agency unless the Secretary determines that such 

16 project— 

17 ‘‘(A) shall provide authorized activities only for 

18 eligible individuals, and that not less than 50 percent 

19 of hours worked (in the aggregate) shall be in commu20 nity service employment-based training provided by a 

21 grantee in a program year; 

22 ‘‘(B)(i) shall provide authorized activities for eli23 gible individuals in the community in which such in24 dividuals reside, or in nearby communities, and that 

25 not less than 50 percent of hours worked (in the ag-
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1 gregate) shall be in community service employment2 based training provided by a grantee in a program 

3 year; or 

4 ‘‘(ii) if such project is carried out by a tribal or5 ganization that receives a grant under this subsection 

6 or receives assistance from a State that receives a 

7 grant under this subsection, will provide authorized 

8 activities, including community service employment9 based training for such individuals, including those 

10 who are Indians residing on an Indian reservation, 

11 as defined in section 2601(2) of the Energy Policy Act 

12 of 1992 (25 U.S.C. 3501(2)); 

13 ‘‘(C) together with all the projects carried out 

14 under this title in each program year by a grantee, 

15 will not provide for participation under this title by 

16 eligible individuals (in the aggregate) for an average 

17 period per capita that exceeds 24 months (whether or 

18 not consecutive) during the period including the pro19 gram year for which the determination under this 

20 subparagraph is made and the previous program 

21 years in which such grantee carried out projects 

22 under this title; 

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

24 eligible individuals in service related to publicly 

25 owned and operated facilities and projects, or projects 
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1 sponsored by profitmaking or nonprofit organizations 

2 (excluding political parties exempt from taxation 

3 under section 501(c)(3) of the Internal Revenue Code 

4 of 1986), but excluding projects involving the con5 struction, operation, or maintenance of any facility 

6 used or to be used as a place for sectarian religious 

7 instruction or worship; 

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

9 community, which may include support for children, 

10 youth, and families; 

11 ‘‘(F) is intended to result in unsubsidized em12 ployment for eligible individuals after completion of 

13 such program; 

14 ‘‘(G)(i) will not reduce the number of job oppor15 tunities or vacancies that would otherwise be avail16 able to individuals not participating in such pro17 gram; 

18 ‘‘(ii) will not displace currently employed work19 ers (including partial displacement, such as a reduc20 tion in the hours of non-overtime work, wages, or em21 ployment benefits); 

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

23 in the substitution of Federal funds for other funds in 

24 connection with work that would otherwise be per25 formed; and 
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1 ‘‘(iv) will not place an eligible individual in em2 ployment-based training to perform work the same or 

3 substantially the same work as that performed by any 

4 other individual who is on layoff; 

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

6 services provided under title I of the Workforce Invest7 ment Act, including utilizing the One-Stop delivery 

8 system to recruit eligible individuals to ensure that 

9 the maximum number of eligible individuals will 

10 have an opportunity to participate in the project; 

11 ‘‘(I) will include such training (such as commu12 nity service employment-based training, work experi13 ence, on-the-job training, and classroom training) as 

14 may be necessary to make the most effective use of the 

15 skills and talents of those individuals who are partici16 pating; 

17 ‘‘(J) will ensure that safe and healthy conditions 

18 of the employment-based training facility or other 

19 training facility will be provided, and will ensure 

20 that individuals employed in community service and 

21 other jobs assisted under this title shall be paid wages 

22 that shall not be lower than whichever is the highest 

23 of— 

24 ‘‘(i) the minimum wage that would be ap25 plicable to the employee under the Fair Labor 
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1 Standards Act of 1938, if section 6(a)(1) of such 

2 Act applied to the participant and if the partici3 pant were not exempt under section 13 thereof; 

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

5 the most nearly comparable covered employment; 

6 or 

7 ‘‘(iii) the prevailing rates of pay for indi8 viduals employed in similar occupations by the 

9 same employer; 

10 ‘‘(K) will be established or administered with the 

11 advice of persons competent in the field of service in 

12 which job training is being provided, and of persons 

13 who are knowledgeable about the needs of older indi14 viduals; 

15 ‘‘(L) will authorize payment for necessary sup16 portive services costs, (including transportation costs) 

17 of eligible individuals that may be incurred in train18 ing in any project funded under this title, in accord19 ance with rules issued by the Secretary; 

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

21 project will serve the needs of minority, limited 

22 English-speaking, and Indian eligible individuals, 

23 and eligible individuals who have the greatest eco24 nomic need, at least in proportion to their numbers 
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1 in the State and take into consideration their rates 

2 of poverty and unemployment; 

3 ‘‘(N)(i) will prepare an assessment of the par4 ticipants’ skills and talents and their needs for serv5 ices, except to the extent such project has, for the par6 ticipant involved, recently prepared an assessment of 

7 such skills and talents, and such needs, pursuant to 

8 another employment or training program (such as a 

9 program under the Workforce Investment Act of 1998 

10 (29 U.S.C. 2801 et seq.), the Carl D. Perkins Voca11 tional and Technical Education Act of 1998 (20 

12 U.S.C. 2301 et seq.), or part A of title IV of the So13 cial Security Act (42 U.S.C. 601 et seq.)); 

14 ‘‘(ii) will provide training and employment 

15 counseling to eligible individuals based on strategies 

16 that identify appropriate employment objectives and 

17 the need for supportive services, developed as a result 

18 of the assessment and service strategy provided for in 

19 clause (i), and provide other appropriate information 

20 regarding such program; and 

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

22 their progress in meeting such objectives and satis23 fying their need for supportive services; 

24 ‘‘(O) will provide appropriate services for par25 ticipants through the One-Stop delivery system as es-
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1 tablished under section 134(c) of the Workforce Invest2 ment Act of 1998 (29 U.S.C. 2864(c)), and will be in3 volved in the planning and operations of such system 

4 pursuant to a memorandum of understanding with 

5 the local workforce investment board in accordance 

6 with section 121(c) of such Act (29 U.S.C. 2841(c)); 

7 ‘‘(P) will post in such project workplace a notice, 

8 and will make available to each person associated 

9 with such project a written explanation— 

10 ‘‘(i) clarifying the law with respect to polit11 ical activities allowable and unallowable under 

12 chapter 15 of title 5, United States Code, appli13 cable to the project and to each category of indi14 viduals associated with such project; and 

15 ‘‘(ii) containing the address and telephone 

16 number of the Inspector General of the Depart17 ment of Labor, to whom questions regarding the 

18 application of such chapter may be addressed; 

19 ‘‘(Q) will provide to the Secretary the description 

20 and information described in— 

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

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

23 the Workforce and Investment Act of 1998; and 

24 ‘‘(ii) paragraph (14), relating to implemen25 tation of One-Stop delivery systems, of section 
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1 112(b) of the Workforce Investment Act of 1998; 

2 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 deter18 mine whether such eligible individual also qualifies for in19 tensive or training services described in section 134(d) of 

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

21 ‘‘(B) An assessment and service strategy or individual 

22 employment plan prepared under subtitle B of title I of the 

23 Workforce Investment Act of 1998 (29 U.S.C. 2811 et seq.) 

24 for an eligible individual may be used to comply with the 

25 requirement specified in subparagraph (A). 
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1 ‘‘(c)(1) The Secretary may pay a share not to exceed 

2 90 percent of the cost of any project for which a grant is 

3 made under subsection (b), except that the Secretary may 

4 pay all of such cost if such project is— 

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

6 ‘‘(B) a project located in an economically de7 pressed area, as determined by the Secretary in con8 sultation with the Secretary of Commerce and the 

9 Secretary of Health and Human Services. 

10 ‘‘(2) The non-Federal share shall be in cash or in kind. 

11 In determining the amount of the non-Federal share, the 

12 Secretary may attribute fair market value to services and 

13 facilities contributed from non-Federal sources. 

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

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

16 shall be available for any fiscal year to pay the administra17 tive costs of such project, except that— 

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

19 available to pay administrative costs to an amount 

20 not to exceed 15 percent of the cost of such project if 

21 the Secretary determines, based on information sub22 mitted by the grantee under subsection (b), that such 

23 increase is necessary to carry out such project; and 

24 ‘‘(B) if the grantee under subsection (b) dem25 onstrates to the Secretary that— 
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1 ‘‘(i) major administrative cost increases are 

2 being incurred in necessary program compo3 nents, including liability insurance, payments 

4 for workers’ compensation, costs associated with 

5 achieving unsubsidized placement goals, and 

6 other operation requirements imposed by the Sec7 retary; 

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

9 or the number of minority eligible individuals 

10 participating in the project will decline if the 

11 amount available to pay administrative costs is 

12 not increased; or 

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

14 the amount of administrative costs incurred to 

15 carry out the project necessarily exceeds 13.5 

16 percent of the cost of such project; 

17 the Secretary shall increase the amount available for 

18 such fiscal year to pay administrative costs to an 

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

20 project. 

21 ‘‘(4) Administrative costs are the costs, both personnel 

22 and non-personnel and both direct and indirect, associated 

23 with the following: 
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1 ‘‘(A) The costs of performing general administra2 tive functions and of providing for the coordination 

3 of functions, such as— 

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

5 management and related data processing; 

6 ‘‘(ii) quality assurance; 

7 ‘‘(iii) preparing program plans; 

8 ‘‘(iv) procurement and purchasing; 

9 ‘‘(v) property management; 

10 ‘‘(vi) personnel management, including per11 sonnel administration, administration of affirm12 ative action plans, and training and staff devel13 opment; 

14 ‘‘(vii) administrative salaries, including 

15 clerical and other support staff salaries; 

16 ‘‘(viii) payroll functions; 

17 ‘‘(ix) coordinating the resolution of findings 

18 arising from audits, reviews, investigations, and 

19 incident reports; 

20 ‘‘(x) audit; 

21 ‘‘(xi) general legal services; 

22 ‘‘(xii) developing systems and procedures, 

23 including information systems, required for ad24 ministrative functions; 

25 ‘‘(xiii) preparing reports; and 
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1 ‘‘(xiv) other activities necessary for the gen2 eral administration of government funds and as3 sociated programs. 

4 ‘‘(B) The costs of performing oversight and mon5 itoring responsibilities. 

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

7 administrative functions of such program, including 

8 goods and services such as rental or purchase of 

9 equipment, utilities, office supplies, postage, and rent10 al and maintenance of office space. 

11 ‘‘(D) The travel costs incurred for official busi12 ness in carrying out such program, excluding travel 

13 costs related to providing services. 

14 ‘‘(E) The costs of information systems related to 

15 personnel, procurement, purchasing, property man16 agement, accounting, and payroll systems), including 

17 the purchase, systems development, and operating 

18 costs of such systems. 

19 ‘‘(F) The costs of technical assistance, profes20 sional organization membership dues, removal of ar21 chitectural barriers, operating and maintaining as22 sistive technology, and evaluating program results 

23 against stated objectives. 

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

25 out a project under this title shall provide for the payment 
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1 of the expenses described in paragraph (4) from non-Federal 

2 sources. 

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

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

5 costs shall be used to pay for the costs of programmatic ac6 tivities, including— 

7 ‘‘(i) participant wages, such benefits as are re8 quired by law (such as workers compensation or un9 employment compensation) the costs of physical ex10 aminations, compensation for scheduled work hours 

11 during which an employer is closed for a Federal hol12 iday, and necessary sick leave that is not part of an 

13 accumulated sick leave program, except that no 

14 amounts provided under this title may be used to pay 

15 the cost of pension benefits, annual leave, accumu16 lated sick leave, or bonuses; 

17 ‘‘(ii) participant training (including the pay18 ment of reasonable costs of instructors, classroom 

19 rental, training supplies, materials, equipment, and 

20 tuition) which may be provided prior to or subsequent 

21 to placement and which may be provided on the job, 

22 in a classroom setting or pursuant to other appro23 priate arrangements; 

24 ‘‘(iii) job placement assistance, including job de25 velopment and job search assistance; 
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1 ‘‘(iv) participant supportive services to enable a 

2 participant to successfully participate in a project 

3 under this title, which may include the payment of 

4 reasonable costs of transportation, special job-related 

5 or personal counseling, incidentals (such as work 

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

7 and adult care, temporary shelter, and follow-up serv8 ices; and 

9 ‘‘(v) outreach, recruitment, and selection, intake, 

10 orientation, and assessments. 

11 ‘‘(B) Not less than 65 percent of the funds made avail12 able under a grant made under this title (excluding a grant 

13 made under subsection (d)) shall be used to pay wages and 

14 benefits for eligible individuals who are employed under 

15 projects carried out under this title. 

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

17 PROJECTS.—The Secretary shall use funds reserved under 

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

19 projects, and evaluation projects, for the purpose of devel20 oping and implementing techniques and approaches, and 

21 demonstrating the effectiveness of the specialized methods, 

22 in addressing the employment and training needs of eligible 

23 individuals. Such projects may include— 

24 ‘‘(1) activities linking businesses and eligible in25 dividuals, including assistance to participants 
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1 transitioning from subsidized activities to private-sec2 tor employment; and 

3 ‘‘(2) demonstration projects and pilot projects 

4 designed to— 

5 ‘‘(A) attract more eligible individuals into 

6 the labor force; 

7 ‘‘(B) improve the provision of services to el8 igible individuals under the One-Stop delivery 

9 system established in accordance with title I of 

10 the Workforce Investment Act of 1998; 

11 ‘‘(C) enhance the technological skills of eligi12 ble individuals; and 

13 ‘‘(D) provide incentives to grantees under 

14 this title for exemplary performance and incen15 tives to businesses to promote their participation 

16 in the program under this title; 

17 ‘‘(3) demonstration projects and pilot projects, as 

18 described in paragraph (2), for older workers only if 

19 such demonstration projects and pilot projects are de20 signed to assist in developing and implementing tech21 niques and approaches in addressing the employment 

22 and training needs of eligible individuals; 

23 ‘‘(4) training and technical assistance to support 

24 any project funded under this title; 

25 ‘‘(5) dissemination of best practices; and 
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1 ‘‘(6) evaluation of the activities authorized under 

2 this title. 

3 ‘‘SEC. 503. ADMINISTRATION. 

4 ‘‘(a) STATE PLAN.— 

5 ‘‘(1) CHIEF EXECUTIVE OFFICER SUBMITS

6 PLAN.—For a State to be eligible to receive an allot7 ment under section, 506, the chief executive officer of 

8 the State shall submit to the Secretary for consider9 ation and approval, a single State plan (referred to 

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

11 strategy for the statewide provision of training and 

12 related activities for eligible individuals under this 

13 title. The plan shall contain such provisions as the 

14 Secretary may require, consistent with this title, in15 cluding a description of the process used to ensure the 

16 participation of individuals described in paragraph 

17 (2). 

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

19 State plan prior to its submission to the Secretary, 

20 the chief executive officer of the State shall seek the 

21 advice and recommendations of— 

22 ‘‘(A) individuals representing the State 

23 agency and the area agencies on aging in the 

24 State, and the State and local workforce invest25 ment boards established under title I of the 
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1 Workforce Investment Act of 1998 (29 U.S.C. 

2 2801 et seq.); 

3 ‘‘(B) individuals representing public and 

4 nonprofit private agencies and organizations 

5 providing employment services, including each 

6 grantee operating a project under this title in the 

7 State; and 

8 ‘‘(C) individuals representing social service 

9 organizations providing services to older individ10 uals, grantees under title III of this Act, affected 

11 communities, unemployed older individuals, 

12 community-based organizations serving the needs 

13 of older individuals, business organizations, and 

14 labor organizations. 

15 ‘‘(3) COMMENTS.—Any State plan submitted by 

16 the chief executive officer in accordance with para17 graph (1) shall be accompanied by copies of public 

18 comments relating to the plan received pursuant to 

19 paragraph (4) and a summary thereof. 

20 ‘‘(4) PLAN PROVISIONS.—The State plan shall 

21 identify and address— 

22 ‘‘(A) the relationship that the number of eli23 gible individuals in each area bears to the total 

24 number of eligible individuals, respectively, in 

25 the State; 
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1 ‘‘(B) the relative distribution of eligible in2 dividuals residing in rural and urban areas in 

3 the State; and 

4 ‘‘(C) the relative distribution of— 

5 ‘‘(i) eligible individuals who are indi6 viduals with greatest economic need; 

7 ‘‘(ii) eligible individuals who are mi8 nority individuals, including individuals 

9 who are limited English proficient; and 

10 ‘‘(iii) eligible individuals who are in11 dividuals with greatest social need; 

12 ‘‘(D) the current and projected employment 

13 opportunities in the State, by occupation, and 

14 the type of skills possessed by local eligible indi15 viduals; 

16 ‘‘(E) the localities and populations for 

17 which projects of the type authorized by this title 

18 are most needed; and 

19 ‘‘(F) plans for facilitating the coordination 

20 of activities of grantees in the State under this 

21 title with activities carried out in the State 

22 under title I of the Workforce Investment Act of 

23 1998. 

24 ‘‘(5) CHIEF EXECUTIVE OFFICER’S REC25 OMMENDATIONS ON GRANT PROPOSALS.—Before a 
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1 proposal for a grant under this title for any fiscal 

2 year is submitted to the Secretary, the chief executive 

3 officer of each State in which projects are proposed to 

4 be conducted under such grant shall be afforded a rea5 sonable opportunity to submit recommendations to 

6 the Secretary— 

7 ‘‘(A) regarding the anticipated effect of each 

8 such proposal upon the overall distribution of en9 rollment positions under this title in the State 

10 (including such distribution among urban and 

11 rural areas), taking into account the total num12 ber of positions to be provided by all grantees in 

13 the State; 

14 ‘‘(B) any recommendations for redistribu15 tion of positions to under served areas as vacan16 cies occur in previously encumbered positions in 

17 other areas; and 

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

19 that may be available for use in the State under 

20 this title for any fiscal year, any recommenda21 tions for distribution of newly available posi22 tions in excess of those available during the pre23 ceding year to underserved areas. 

24 ‘‘(6) DISRUPTIONS.—In developing plans and 

25 considering recommendations under this subsection, 
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1 disruptions in the provision of services for current 

2 participants shall be avoided to the greatest possible 

3 extent. 

4 ‘‘(7) DETERMINATION; REVIEW.— 

5 ‘‘(A) DETERMINATION.—In order to effec6 tively carry out this title, each State shall make 

7 the State plan available for public comment. The 

8 Secretary, in consultation with the Assistant 

9 Secretary, shall review the plan and make a 

10 written determination with findings and a deci11 sion regarding the plan. 

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

13 on the Secretary’s own initiative or at the re14 quest of any public or private agency or organi15 zation or of any agency of the State, the dis16 tribution of projects and services under this title 

17 in the State including the distribution between 

18 urban and rural areas in the State. For each 

19 proposed reallocation of projects or services in a 

20 State, the Secretary shall give notice and oppor21 tunity for public comment. 

22 ‘‘(8) EXEMPTION.—The grantees that serve eligi23 ble individuals who are older Indians with funds re24 served under section 506(a)(3) may not be required to 

25 participate in the State planning processes described 
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1 in this section but will collaborate with the Secretary 

2 to develop a plan for projects and services to eligible 

3 individuals who are Indians. 

4 ‘‘(b) COORDINATION WITH OTHER FEDERAL PRO5 GRAMS.— 

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

7 shall coordinate the program carried out under this 

8 title with programs carried out under other titles of 

9 this Act, to increase job opportunities available to 

10 older individuals. 

11 ‘‘(2) The Secretary shall coordinate programs 

12 carried out under this title with the program carried 

13 out under the Workforce Investment Act of 1998, the 

14 Community Services Block Grant Act, the Rehabilita15 tion Act of 1973, the Carl D. Perkins Vocational and 

16 Technical Education Act of 1998 (20 U.S.C. 2301 et 

17 seq.), the National and Community Service Act of 

18 1990 (42 U.S.C. 12501 et seq.), and the Domestic Vol19 unteer Service Act of 1973 (42 U.S.C. 4950 et seq.). 

20 The Secretary shall coordinate the administration of 

21 this title with the administration of other titles of this 

22 Act by the Assistant Secretary to increase the likeli23 hood that eligible individuals for whom employment 

24 opportunities under this title are available and who 

25 need services under such titles receive such services. 
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1 Funds appropriated to carry out this title may not 

2 be used to carry out any program under the Work3 force Investment Act of 1998, the Community Services 

4 Block Grant Act, the Rehabilitation Act of 1973, the 

5 Carl D. Perkins Vocational and Technical Education 

6 Act of 1998, the National and Community Service 

7 Act of 1990, or the Domestic Volunteer Service Act of 

8 1973. The preceding sentence shall not be construed to 

9 prohibit carrying out projects under this title jointly 

10 with programs, projects, or activities under any Act 

11 specified in such sentence, or from carrying out sec12 tion 512. 

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

14 under this title, for distribution to program partici15 pants, and at no cost to grantees or participants, in16 formational materials developed and supplied by the 

17 Equal Employment Opportunity Commission and 

18 other appropriate Federal agencies that the Secretary 

19 determines are designed to help participants identify 

20 age discrimination and to understand their rights 

21 under the Age Discrimination in Employment Act of 

22 1967. 

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

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

25 facilities of Federal and other agencies with or without re-
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1 imbursement, and on a similar basis to cooperate with other 

2 public and private agencies and instrumentalities in the 

3 use of services, equipment, and facilities. 

4 ‘‘(d) Payments under this title may be made in ad5 vance or by way of reimbursement and in such installments 

6 as the Secretary may determine. 

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

8 the Secretary under this title to any other Federal officer 

9 or entity. 

10 ‘‘(f)(1) The Secretary shall monitor projects for which 

11 grants are made under this title to determine whether the 

12 grantees are complying with rules and regulations issued 

13 to carry out this title (including the statewide planning, 

14 consultation, and coordination requirements of this title). 

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

16 shall comply with the applicable uniform cost principles 

17 and appropriate administrative requirements for grants 

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

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

20 of Management and Budget. 

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

22 prepare and submit a report in such manner and con23 taining such information as the Secretary may require re24 garding activities carried out under this title. 
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1 ‘‘(4) Each grantee described in paragraph (2) shall 

2 keep records that— 

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

4 reports required by this title; 

5 ‘‘(B) are sufficient to permit the tracing of funds 

6 to a level of expenditure adequate to ensure that the 

7 funds have not been spent unlawfully; and 

8 ‘‘(C) contain any other information that the Sec9 retary determines to be appropriate. 

10 ‘‘(g) The Secretary shall establish by rule and imple11 ment a process to evaluate, in accordance with section 513, 

12 the performance of projects and services carried out under 

13 this title. The Secretary shall report to the Congress, and 

14 make available to the public, the results of each such evalua15 tion and shall use such evaluation to improve services deliv16 ered by, or the operation of, projects carried out under this 

17 title. 

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

19 ‘‘(a) Eligible individuals who are participants in au20 thorized activities in any project funded under this title 

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

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

23 of title 5, United States Code. 

24 ‘‘(b) No grant, subgrant, contract or subcontract shall 

25 be entered into under this title with an entity who is, or 
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1 whose employees are, under State law, exempted from oper2 ation of the State workers’ compensation law, generally ap3 plicable to employees unless the entity shall undertake to 

4 provide either through insurance by a recognized carrier or 

5 by self-insurance, as authorized by State law, that the per6 sons employed under the grant, contract, subgrant, or sub7 contract shall enjoy workers’ compensation coverage equal 

8 to that provided by law for covered employment. 

9 ‘‘SEC. 505. INTERAGENCY COOPERATION. 

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

11 written views of the Assistant Secretary before issuing rules 

12 and before establishing general policy in the administration 

13 of this title. 

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

15 the Director of the Office of Community Services, the Sec16 retary of Health and Human Services, and the heads of 

17 other Federal agencies that carry out related programs, in 

18 order to achieve optimal coordination with such other pro19 grams. In carrying out this section, the Secretary shall pro20 mote programs or projects of a similar nature. Each Fed21 eral agency shall cooperate with the Secretary in dissemi22 nating information relating to the availability of assistance 

23 under this title and in promoting the identification and 

24 interests of individuals eligible for employment in projects 

25 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 programs, 

3 projects, or activities carried out under other Acts, espe4 cially activities provided under the Workforce Investment 

5 Act of 1998 (29 U.S.C. 2801 et seq.), including activities 

6 provided through One-Stop delivery systems established 

7 under section 134(c)) of such Act (29 U.S.C. 2864(c)), that 

8 provide training and employment opportunities to eligible 

9 individuals. 

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

11 Education to promote and coordinate carrying out projects 

12 under this title jointly with workforce investment activities 

13 in which eligible individuals may participate that are car14 ried out under the Carl D. Perkins Vocational and Tech15 nical Education Act of 1998. 

16 ‘‘SEC. 506. DISTRIBUTION OF ASSISTANCE. 

17 ‘‘(a) RESERVATIONS.— 

18 ‘‘(1) RESERVATION FOR NATIONAL ACTIVITIES.— 

19 Of the funds appropriated to carry out this title for 

20 each fiscal year, the Secretary may first reserve up to 

21 1.5 percent to carry out demonstration projects, pilot 

22 projects, and evaluation projects under section 502(d). 

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

24 funds appropriated to carry out this title for each fis-
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1 cal year, the Secretary shall reserve up to 0.75 per2 cent, 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 the 

10 funds appropriated to carry out this title for each fis11 cal year, the Secretary shall reserve such amount as 

12 may be necessary to make national grants to public 

13 or nonprofit national Indian aging organizations 

14 with the ability to provide authorized activities for el15 igible individuals who are Indians and to national 

16 public or nonprofit Pacific Island and Asian Amer17 ican aging organizations with the ability to provide 

18 authorized activities for eligible individuals who are 

19 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 grant 

23 to such State under subsection (e). 

24 ‘‘(c) DIVISION BETWEEN NATIONAL GRANTS AND

25 GRANTS TO STATES.—The funds appropriated to carry out 
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1 this title for any fiscal year that remain after amounts are 

2 reserved under paragraphs (1), (2), and (3) of subsection 

3 (a), shall be divided by the Secretary between national 

4 grants and grants to States as follows: 

5 ‘‘(1) RESERVATION OF FUNDS FOR FISCAL YEAR

6 2006 LEVEL OF ACTIVITIES.— 

7 ‘‘(A) The Secretary shall reserve the amount 

8 of funds necessary to maintain the fiscal year 

9 2006 level of activities supported by grantees 

10 that operate under this title under national 

11 grants from the Secretary, and the fiscal year 

12 2006 level of activities supported by State grant13 ees under this title, in proportion to their respec14 tive 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 in 

19 subparagraph (A) shall be reduced proportion20 ally. 

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 be 
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1 divided so that 75 percent shall be provided to 

2 State grantees and 25 percent shall be provided 

3 to grantees that operate under this title under 

4 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 op10 erate under this title under national grants from 

11 the Secretary. 

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

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

14 Secretary shall allot for public and nonprofit private agen15 cy and organization grantees that operate under this title 

16 under national grants from the Secretary in each State, an 

17 amount that bears the same ratio to such funds as the prod18 uct of the number of individuals 55 years of age or older 

19 in the State and the allotment percentage of such State 

20 bears to the sum of the corresponding products for all 

21 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 under 

25 subsection (c) for public and nonprofit private agency 
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1 and organization grantees that operate under this 

2 title under national grants from the Secretary in all 

3 of the States. 

4 ‘‘(2) HOLD HARMLESS.—If the amount provided 

5 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 activi20 ties for public and nonprofit private agency and 

21 organization grantees that operate under this 

22 title under national grants from the Secretary in 

23 all of the States. 

24 ‘‘(3) REDUCTION.—Allotments for States not af25 fected by paragraphs (1) and (2)(B) of this subsection 
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1 shall be reduced proportionally to satisfy the condi2 tions 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 age 

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

9 State bears to the sum of the corresponding product for all 

10 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 under 

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

15 ‘‘(2) HOLD HARMLESS.—If the amount provided 

16 under subsection (c) is— 

17 ‘‘(A) equal to or less than the amount nec18 essary to maintain the fiscal year 2006 level of 

19 activities, allotments for State grantees in each 

20 State shall be proportional to their fiscal year 

21 2006 level of activities; or 

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

23 maintain the fiscal year 2006 level of activities, 

24 no State shall be provided a percentage increase 

25 above the fiscal year 2006 level of activities for 
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1 State grantees in the State that is less than 30 

2 percent of such percentage increase above the fis3 cal year 2006 level of activities for State grantees 

4 in all of the States. 

5 ‘‘(3) REDUCTION.—Allotments for States not af6 fected by paragraphs (1) and (2)(B) of this subsection 

7 shall be reduced proportionally to satisfy the condi8 tions in such paragraphs. 

9 ‘‘(f) ALLOTMENT PERCENTAGE.—For purposes of sub10 sections (d) and (e)— 

11 ‘‘(1) the allotment percentage of each State shall 

12 be 100 percent less that percentage that bears the 

13 same ratio to 50 percent as the per capita income of 

14 such State bears to the per capita income of the 

15 United States, except that— 

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

17 more than 75 percent and not less than 33 per18 cent; and 

19 ‘‘(B) the allotment percentage for the Dis20 trict of Columbia and the Commonwealth of 

21 Puerto Rico shall be 75 percent; 

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

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

24 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; and 

3 ‘‘(3) for the purpose of determining the allotment 

4 percentage, the term ‘United States’ means the 50 

5 States and the District of Columbia. 

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

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

8 term ‘cost per authorized position’ means the sum 

9 of— 

10 ‘‘(A) the hourly minimum wage rate speci11 fied in section 6(a)(1) of the Fair Labor Stand12 ards Act of 1938 (29 U.S.C. 206(a)(1)), multi13 plied by the number of hours equal to the prod14 uct of 21 hours and 52 weeks; 

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

16 amount specified under subparagraph (A), for 

17 the purpose of covering Federal payments for 

18 fringe benefits; and 

19 ‘‘(C) an amount determined by the Sec20 retary, for the purpose of covering Federal pay21 ments for the remainder of all other program 

22 and administrative costs. 

23 ‘‘(2) FISCAL YEAR 2006 LEVEL OF ACTIVITIES.— 

24 The term ‘fiscal year 2006 level of activities’ means— 
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1 ‘‘(A) with respect to public and nonprofit 

2 private agency and organization grantees that 

3 operate under this title under national grants 

4 from the Secretary, their level of activities for 

5 fiscal year 2006; and 

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

7 level of activities for fiscal year 2006. 

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

9 States’ means grants made under this title by the Sec10 retary to the States. 

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

12 activities’ means the number of authorized positions 

13 multiplied by the cost per authorized position. 

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

15 grants’ means grants made under this title by the 

16 Secretary to public and nonprofit private agency and 

17 organization grantees that operate under this title 

18 under national grants from the Secretary. 

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

20 Guam, American Samoa, the Commonwealth of the 

21 Northern Mariana Islands, and the United States 

22 Virgin Islands. 

23 ‘‘SEC. 507. EQUITABLE DISTRIBUTION. 

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

25 under section 506, the Secretary shall ensure, to the extent 
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1 feasible, an equitable distribution of activities under such 

2 grants, in the aggregate, among the States, taking into ac3 count the needs of underserved States. 

4 ‘‘(b) INTRASTATE ALLOCATION.—The amount allo5 cated for projects within each State under section 506 shall 

6 be allocated among areas in the State in an equitable man7 ner, taking into consideration the State priorities set out 

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

9 ‘‘SEC. 508. REPORT. 

10 ‘‘To carry out the Secretary’s responsibilities for re11 porting in section 503(g), the Secretary shall require the 

12 State agency for each State that receives funds under this 

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

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

15 507(b). Such report shall include the names and geographic 

16 location of all projects assisted under this title and carried 

17 out in the State and the amount allocated to each such 

18 project under section 506. 

19 ‘‘SEC. 509. EMPLOYMENT ASSISTANCE AND FEDERAL HOUS20 ING AND FOOD STAMP PROGRAMS. 

21 ‘‘Funds received by eligible individuals from projects 

22 carried out under the program established in this title shall 

23 not be considered to be income of such individuals for pur24 poses of determining the eligibility of such individuals, or 

25 of any other individuals, to participate in any housing pro-
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1 gram for which Federal funds may be available or for any 

2 income determination under the Food Stamp Act of 1977. 

3 ‘‘SEC. 510. ELIGIBILITY FOR WORKFORCE INVESTMENT AC4 TIVITIES. 

5 ‘‘Eligible individuals under this title may be consid6 ered by local workforce investment boards established under 

7 title I of the Workforce Investment Act of 1998 to satisfy 

8 the requirements for receiving services under such title I 

9 that are applicable to adults. 

10 ‘‘SEC. 511. TREATMENT OF ASSISTANCE. 

11 ‘‘Assistance provided under this title shall not be con12 sidered to be financial assistance described in section 

13 245A(h)(1)(A) of the Immigration and Nationality Act (8 

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

15 ‘‘SEC. 512. COORDINATION WITH THE WORKFORCE INVEST16 MENT ACT OF 1998. 

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

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

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

20 of 1998 (29 U.S.C. 2841(b)(1)) in the One-Stop delivery 

21 system established under section 134(c)) of such Act (29 

22 U.S.C. 2864(c))) for the appropriate local workforce invest23 ment areas, and shall carry out the responsibilities relating 

24 to such partners. 
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1 ‘‘(b) COORDINATION.—In local workforce investment 

2 areas where more than 1 grantee under this title provides 

3 services, the grantees shall— 

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

5 One-Stop delivery system; and 

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

7 understanding established under section 121(c) of the 

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

9 2841(c)). 

10 ‘‘SEC. 513. PERFORMANCE. 

11 ‘‘(a) MEASURES.— 

12 ‘‘(1) ESTABLISHMENT OF MEASURES.—The Sec13 retary shall establish, in consultation with grantees, 

14 subgrantees, and host agencies under this title, States, 

15 older individuals, area agencies on aging, and other 

16 organizations serving older individuals, performance 

17 measures for each grantee for projects and services 

18 carried out under this title. 

19 ‘‘(2) CONTENT.— 

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

21 performance measures established by the Sec22 retary in accordance with paragraph (1) shall 

23 consist of— 

24 ‘‘(i) core indicators of performance 

25 specified in subsection (b)(1) and the ex-
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1 pected levels of performance applicable to 

2 each core indicator of performance, and 

3 ‘‘(ii) additional indicators of perform4 ance specified in subsection (b)(2) 

5 ‘‘(B) CONTINUOUS IMPROVEMENT.—The 

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

7 be designed to promote continuous improvement 

8 in performance. 

9 ‘‘(C) EXPECTED LEVELS OF PERFORM10 ANCE.—The Secretary and each grantee shall 

11 reach agreement on the expected levels of per12 formance for each program year for each of the 

13 core indicators of performance specified in sub14 section (b)(1). The agreement shall take into ac15 count the factors described in subparagraphs (B) 

16 and (D) and other appropriate factors as deter17 mined by the Secretary, and shall be consistent 

18 with the requirements of subparagraph (E). 

19 Funds under the grant may not be awarded 

20 until such agreement is reached. 

21 ‘‘(D) ADJUSTMENT.—The expected levels of 

22 performance described in subparagraph (C) ap23 plicable to a grantee shall be adjusted after the 

24 agreement under subparagraph (C) has been 

25 reached only with respect to the following factors: 
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1 ‘‘(i) High rates of unemployment or of 

2 poverty or welfare participation, in the 

3 areas served by a grantee, relative to other 

4 areas of the State or Nation. 

5 ‘‘(ii) Significant downturns in the 

6 areas served by the grantee or in the na7 tional economy. 

8 ‘‘(iii) Significant numbers or propor9 tions of participants with 1 or more bar10 riers to employment served by a grantee rel11 ative to grantees serving other areas of the 

12 State or Nation. 

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

14 local minimum wage requirements. 

15 ‘‘(E) PLACEMENT.— 

16 ‘‘(i) LEVEL OF PERFORMANCE.—For 

17 all grantees, the Secretary shall establish a 

18 level of performance of not less than the per19 centage specified in clause (ii) (adjusted in 

20 accordance with subparagraph (D)) for the 

21 entry into unsubsidized employment core 

22 indicator of performance described in sub23 section (b)(1)(A). If a grantee achieved a 

24 level of performance less than the percentage 

25 specified in such clause for the preceding 
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1 fiscal year for which results are available 

2 before the enactment of the Senior Inde3 pendence Act of 2006, the Secretary shall 

4 provide technical assistance to assist such 

5 grantee to achieve the applicable percentage 

6 specified in such clause. 

7 ‘‘(ii) REQUIRED PLACEMENT PERCENT8 AGES.—The minimum percentage for the 

9 entry into unsubsidized employment de10 scribed in subsection (b)(1)(A) is— 

11 ‘‘(I) 22 percent in fiscal year 

12 2007; 

13 ‘‘(II) 24 percent in fiscal year 

14 2008; 

15 ‘‘(III) 26 percent in fiscal year 

16 2009; 

17 ‘‘(IV) 28 percent in fiscal year 

18 2010; and 

19 ‘‘(V) 30 percent in fiscal year 

20 2011. 

21 ‘‘(3) PERFORMANCE EVALUATION OF GRANT22 EES.—The Secretary shall annually establish na23 tional performance measures for each grantee under 

24 this title, which shall be applicable to the grantee 

25 without regard to whether such grantee operates such 
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1 program directly or through contracts, grants, or 

2 agreements with other entities. The measures shall in3 clude the core indicators of performance and expected 

4 level of performance for each such indicator, and the 

5 additional indicators of performance. In addition, the 

6 Secretary shall annually publish the actual perform7 ance of each grantee with respect to— 

8 ‘‘(A) the levels achieved for each of the core 

9 indicators of performance, compared to expected 

10 levels of performance under paragraph (2)(C) 

11 (including any adjustments to such levels made 

12 in accordance with to paragraph (2)(D)); and 

13 ‘‘(B) the levels achieved for each of the addi14 tional indicators of performance. 

15 ‘‘(4) LIMITATION.—An agreement to be evaluated 

16 on the performance measures shall be a requirement 

17 for application for, and a condition of, all grants au18 thorized by this title. 

19 ‘‘(b) INDICATORS OF PERFORMANCE.— 

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

21 performance described in subsection (a)(2)(A)(i) shall 

22 consist of— 

23 ‘‘(A) entry into unsubsidized employment; 

24 ‘‘(B) retention in unsubsidized employment 

25 for 6 months; 
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1 ‘‘(C) earnings; and 

2 ‘‘(D) hours (in the aggregate) of community 

3 service employment-based training pursuant to 

4 subparagraphs (A) and (B)(I) of section 

5 502(b)(1); and 

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

7 indicators of performance described in subsection 

8 (a)(2)(A)(ii) shall consist of— 

9 ‘‘(A) retention in unsubsidized employment 

10 for 1 year; 

11 ‘‘(B) the number of eligible individuals 

12 served, including the number of participating in13 dividuals described in section 516(2)(A)(ii), and 

14 ‘‘(C) any other indicators of performance 

15 that the Secretary determines to be appropriate 

16 to evaluate services and performance. 

17 ‘‘(c) DEFINITIONS OF INDICATORS.—The Secretary, 

18 after consultation with national and State grantees, rep19 resentatives of business and labor organizations, and pro20 viders of services, shall issue rules that define the indicators 

21 of performance described in subsection (b). 

22 ‘‘(d) CORRECTIVE EFFORTS.— 

23 ‘‘(1) NATIONAL GRANTEES.— 

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

25 days after the end of each program year, the Sec-
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1 retary shall determine if a national grantee 

2 awarded a grant under section 514 has met the 

3 expected levels of performance established under 

4 subsection (a)(2)(c) (including any adjustments 

5 to such levels made in accordance with to sub6 section (a)(2)(D)) for the core indicators of per7 formance described in subsection (b)(1). 

8 ‘‘(B) TECHNICAL ASSISTANCE AND CORREC9 TIVE ACTION PLAN.— 

10 ‘‘(i) IN GENERAL.—If the Secretary de11 termines that a grantee fails to meet the ex12 pected levels of performance described in 

13 paragraph (1), the Secretary shall provide 

14 technical assistance and require such grant15 ee to submit a corrective action plan not 

16 later than 160 days after the end of the pro17 gram year. 

18 ‘‘(ii) CONTENT.—The plan submitted 

19 under subparagraph (A) shall detail the 

20 steps the grantee will take to meet the na21 tional performance measures in the next 

22 program year. 

23 ‘‘(2) STATE GRANTEES.— 

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

25 days after the end of the program year, the Sec-
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1 retary shall determine if a State grantee allotted 

2 funds under section 506(e) has met the expected 

3 levels of performance established under subsection 

4 (a)(2)(C) (including any adjustments to such 

5 levels made in accordance with to subsection 

6 (a)(2)(D)) for the core indicators of performance 

7 described in subsection (b)(1). 

8 ‘‘(B) TECHNICAL ASSISTANCE AND CORREC9 TIVE ACTION PLAN.—If a State fails to meet the 

10 levels of performance described in subparagraph 

11 (A), the Secretary shall provide technical assist12 ance and require the State to submit a corrective 

13 action plan not later than 160 days after the end 

14 of the program year. 

15 ‘‘(C) CONTENT.—The plan described in sub16 paragraph (B) shall detail the steps the State 

17 will take to meet the standards. 

18 ‘‘(D) FAILURE TO MEET PERFORMANCE

19 MEASURES FOR SECOND AND THIRD YEARS.— 

20 ‘‘(i) AFTER SECOND YEAR OF FAIL21 URE.—If a State fails to meet the levels of 

22 performance described in subparagraph (A) 

23 for a second consecutive program year, the 

24 Secretary shall provide for the conduct by 

25 the State of a competition to award, for the 
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1 first full program year following the deter2 mination (minimizing, to the extent pos3 sible, the disruption of services provided to 

4 participants), an amount equal to 25 per5 cent of the funds available to the State for 

6 such year. 

7 ‘‘(ii) AFTER THIRD YEAR OF FAIL8 URE.—If the State fails to meet the levels of 

9 performance described in subparagraph (A) 

10 for a third consecutive program year, the 

11 Secretary shall provide for the conduct by 

12 the State of a competition to award the 

13 funds allocated to the State for the first full 

14 program year following the Secretary’s de15 termination that the State has not met the 

16 performance measures. 

17 ‘‘SEC. 514. COMPETITIVE REQUIREMENTS RELATING TO 

18 GRANT AWARDS. 

19 ‘‘(a) PROGRAM AUTHORIZED.—From the funds avail20 able for national grants under section 506(d), the Secretary 

21 shall award grants to eligible applicants to carry out 

22 projects under this title through a competitive process that 

23 is conducted every 3 years. 
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1 ‘‘(b) ELIGIBLE APPLICANTS.—An applicant shall be 

2 eligible to receive a grant under subsection (a) in accord3 ance with section 502(b)(1), and subsections (c) and (d). 

4 ‘‘(c) CRITERIA.—The Secretary shall select the eligible 

5 applicants to receive grants under subsection (a) based on 

6 the following: 

7 ‘‘(1) The applicant’s ability to administer a pro8 gram that serves the greatest number of eligible indi9 viduals, giving particular consideration to individ10 uals with greatest economic need, greatest social need, 

11 poor employment history or prospects, and over the 

12 age of 65. 

13 ‘‘(2) The applicant’s ability to administer a pro14 gram that provides employment for eligible individ15 uals in the communities in which such individuals re16 side, or in nearby communities, that will contribute 

17 to the general welfare of the community. 

18 ‘‘(3) The applicant’s ability to administer a pro19 gram that moves eligible individuals into unsub20 sidized employment. 

21 ‘‘(4) The applicant’s prior performance, if any, 

22 in meeting performance measures under this title and 

23 under other Federal or State programs. 
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1 ‘‘(5) The applicant’s ability to move individuals 

2 with multiple barriers to employment into unsub3 sidized employment. 

4 ‘‘(6) The applicant’s ability to coordinate with 

5 other organizations at the State and local level. 

6 ‘‘(7) The applicant’s plan for fiscal management 

7 of the program to be administered with funds received 

8 under this section. 

9 ‘‘(8) Any additional criteria that the Secretary 

10 considers to be appropriate in order to minimize dis11 ruption for current participants. 

12 ‘‘(d) RESPONSIBILITY TESTS.— 

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

14 grantee, the Secretary shall conduct a review of avail15 able records to assess the applicant’s overall responsi16 bility to administer Federal funds. 

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

18 in paragraph (1), the Secretary may consider any in19 formation, including the organization’s history with 

20 regard to the management of other grants. 

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

22 satisfy any 1 responsibility test that is listed in para23 graph (4), excluding those listed in subparagraphs 

24 (A) and (B), does not establish that the organization 
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1 is not responsible unless such failure is substantial or 

2 persists for 2 or more consecutive years. 

3 ‘‘(4) TEST.—The responsibility tests include re4 view of the following factors: 

5 ‘‘(A) Unsuccessful efforts by the organiza6 tion to recover debts, after 3 demand letters have 

7 been sent, that are established by final agency 

8 action, or a failure to comply with an approved 

9 repayment plan. 

10 ‘‘(B) Established fraud or criminal activity 

11 of a significant nature within the organization. 

12 ‘‘(C) Serious administrative deficiencies 

13 identified by the Secretary, such as failure to 

14 maintain a financial management system as re15 quired by Federal rules or regulations. 

16 ‘‘(D) Willful obstruction of the audit proc17 ess. 

18 ‘‘(E) Failure to provide services to appli19 cants as agreed to in a current or recent grant 

20 or to meet applicable performance measures. 

21 ‘‘(F) Failure to correct deficiencies brought 

22 to the grantee’s attention in writing as a result 

23 of monitoring activities, reviews, assessments, or 

24 other activities. 
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1 ‘‘(G) Failure to return a grant closeout 

2 package or outstanding advances within 90 days 

3 of the grant expiration date or receipt of closeout 

4 package, whichever is later, unless an extension 

5 has been requested and granted. 

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

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

8 of Government property as instructed by the Sec9 retary. 

10 ‘‘(J) Failure to have maintained effective 

11 cash management or cost controls resulting in 

12 excess cash on hand. 

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

14 complies with its Office of Management and 

15 Budget Circular A-133 audit requirements speci16 fied at section 667.200(b) of title 20, Code of 

17 Federal Regulations. 

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

19 the required period. 

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

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

22 judgment of the grant officer, the disallowances 

23 are egregious findings. 
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1 ‘‘(N) Failure to establish a mechanism to 

2 resolve a subrecipient’s audit in a timely fash3 ion. 

4 ‘‘(5) DETERMINATION.—Applicants that are de5 termined to be not responsible shall not be selected as 

6 grantees. 

7 ‘‘(6) DISALLOWED COSTS.—Interest on dis8 allowed costs shall accrue in accordance with the Debt 

9 Collection Improvement Act of 1996. 

10 ‘‘SEC. 515. AUTHORIZATION OF APPROPRIATIONS. 

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

12 out this title such sums as may be necessary for fiscal years 

13 2007, 2008, 2009, 2010, and 2011. 

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

15 fiscal year shall be available for obligation during the an16 nual period that begins on July 1 of the calendar year im17 mediately following the beginning of such fiscal year and 

18 that ends on June 30 of the following calendar year. The 

19 Secretary may extend the period during which such 

20 amounts may be obligated or expended in the case of a par21 ticular organization or agency that receives funds under 

22 this title if the Secretary determines that such extension is 

23 necessary to ensure the effective use of such funds by such 

24 organization or agency. 
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1 ‘‘(c) At the end of the program year, the Secretary may 

2 recapture any unexpended funds for the program year, and 

3 reobligate such funds within the 2 succeeding program years 

4 for— 

5 ‘‘(1) technical assistance; or 

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

7 under this title. 

8 ‘‘SEC. 516. DEFINITIONS. 

9 ‘‘For purposes of this title: 

10 ‘‘(1) COMMUNITY SERVICE EMPLOYMENT-BASED

11 TRAINING.—The term ‘community service employ12 ment-based training’ means work experience that is 

13 related to providing social, health, welfare, and edu14 cational services (including literacy tutoring), legal 

15 and other counseling services and assistance, includ16 ing tax counseling and assistance and financial coun17 seling, and library, recreational, and other similar 

18 services; conservation, maintenance, or restoration of 

19 natural resources; community betterment or beautifi20 cation; antipollution and environmental quality ef21 forts; weatherization activities; economic development; 

22 and such other services essential and necessary to the 

23 community as the Secretary determines by rule. 

24 ‘‘(2) ELIGIBLE INDIVIDUAL.—The term ‘eligible 

25 individual’ means an individual who is 55 years of 
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1 age or older and who has a low income (including 

2 any such individual whose income is not more that 

3 125 percent of the poverty line), excluding any in4 come that is unemployment compensation, benefits re5 ceived under title XVI of the Social Security Act, vet6 erans payments, or 25 percent of the benefits received 

7 under title II of the Social Security Act, but— 

8 ‘‘(A) pursuant to regulations prescribed by 

9 the Secretary, any such individual who meets 

10 one or more of the following criteria shall have 

11 priority for the work opportunities provided 

12 under this title— 

13 ‘‘(i) is 65 years of age or older; or 

14 ‘‘(ii) has one or more of the following 

15 barriers to employment: 

16 ‘‘(I) has a disability; 

17 ‘‘(II) has limited English pro18 ficiency or low literacy skills; 

19 ‘‘(III) resides in a rural area; 

20 ‘‘(IV) is a veteran; 

21 ‘‘(V) has low employment pros22 pects; or 

23 ‘‘(VI) has failed to find employ24 ment after utilizing services provided 
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1 under title I of the Workforce Invest2 ment Act of 1998; and 

3 ‘‘(B) notwithstanding any other provision 

4 of this paragraph, excludes— 

5 ‘‘(i) an individual who has partici6 pated in projects under this title for a pe7 riod of 48 months in the aggregate (whether 

8 or not consecutive) after the date of the en9 actment of the Senior Independence Act of 

10 2006; and 

11 ‘‘(ii) an individual who has partici12 pated in projects under this title for a pe13 riod of 24 months in the aggregate (whether 

14 or not consecutive) after the date of the en15 actment of the Senior Independence Act of 

16 2006 if such individual participated more 

17 than 24 months in the aggregate (whether 

18 or not consecutive) under title V of this Act, 

19 as in effect before the date of the enactment 

20 of the Senior Independence Act of 2006. 

21 ‘‘(3) LOW INCOME.—The term ‘low income’ 

22 means income received during the 12-month period 

23 (or, at the option of the grantee involved, the 6-month 

24 period that is not multiplied) ending on the date an 

25 eligible individual submits an application to partici-
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1 pate in the project carried out under this title by such 

2 grantee. 

3 ‘‘(4) PACIFIC ISLAND AND ASIAN AMERICANS.— 

4 The term ‘Pacific Island and Asian Americans’ 

5 means Americans having origins in any of the origi6 nal peoples of the Far East, Southeast Asia, the In7 dian Subcontinent, or the Pacific Islands. 

8 ‘‘(5) PROGRAM.—The term ‘program’ means the 

9 older American community service employment-based 

10 training program established under this title. 

11 ‘‘(6) SUPPORTIVE SERVICES.—The term ‘sup12 portive services’ means services such as transpor13 tation, child care, dependent care, housing, and needs14 related payments, that are necessary to enable an in15 dividual to participate in activities authorized under 

16 this title, consistent with the provisions of this title. 

17 ‘‘(7) UNEMPLOYED INDIVIDUAL.—The term ‘un18 employed individual’ means an individual who is 

19 without a job and who wants and is available for 

20 work, including an individual who may have occa21 sional employment that does not result in a constant 

22 source of income.’’. 
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1 SEC. 39. 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. 40. 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. 41. NATIVE AMERICAN ORGANIZATION PROVISIONS. 

12 Section 751(d) of the Older Americans Act of 1965 (42 

13 U.S.C. 3058aa(b)) is amended by striking ‘‘2001’’ and in14 serting ‘‘2007’’. 

15 SEC. 42. ELDER ABUSE, NEGLECT, AND EXPLOITATION PRE16 VENTION. 

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 outreach 

22 to promote financial literacy and prevent identity 

23 theft and financial exploitation of older individuals;’’; 

24 and 

25 (2) by redesignating paragraphs (2) through (8) 

26 as paragraphs (3) through (9), respectively. 
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1 SEC. 43. TECHNICAL AMENDMENTS. 

2 The Older Americans Act of 1965 (42 U.S.C. 2001 et 

3 seq.) is amended— 

4 (1) in section 202(e)(1)(A) by striking the semi5 colon at the end and inserting a period, and 

6 (2) by inserting before section 401 the following: 

7 ‘‘TITLE IV—ACTIVITIES FOR 

8 HEALTH, INDEPENDENCE 

9 AND LONGEVITY’’. 
Union Calendar No. 275 

109TH CONGRESS 

2D SESSION H. R. 5293 

[Report No. 109–493] 

A BILL 

To amend the Older Americans Act of 1965 to authrough 2011, and for other purposes. thorize appropriations for fiscal years 2007 

JUNE 8, 2006 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union,