IIB 

109TH CONGRESS 

2D SESSION H. R. 5293 

IN THE SENATE OF THE UNITED STATES 

JUNE 22, 2006 

Received; read twice and referred to the Committee on Health, Education, 

Labor, and Pensions 

AN ACT 

To amend the Older Americans Act of 1965 to authorize 

appropriations for fiscal years 2007 through 2011, and 

for other purposes. 

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


HMOORE on PROD1PC68 with HMBILLS
2 

HR 5293 RFS 

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Senior Independence Act of 2006’’. 

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

5 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions.

Sec. 3. Establishment of Administration on Aging. 

Sec. 4. Functions of the Assistant Secretary. 

Sec. 5. Federal agency consultation. 

Sec. 6. Administration.

Sec. 7. Evaluation.

Sec. 8. Reports.

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

of Act funds. 

Sec. 10. Nutrition education. 

Sec. 11. Pension counseling and information programs. 

Sec. 12. Authorization of appropriations. 

Sec. 13. Purpose; administration. 

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

Sec. 15. Organization.

Sec. 16. Area plans. 

Sec. 17. State plans. 

Sec. 18. Payments.

Sec. 19. Nutrition services incentive program. 

Sec. 20. Consumercontributions. 

Sec. 21. Supportive services and senior centers program. 

Sec. 22. Nutrition service. 

Sec. 23. Congregate nutrition program. 

Sec. 24. Home delivered nutrition services. 

Sec. 25. Criteria.

Sec. 26. Nutrition.

Sec. 27. Evaluation of nutrition projects. 

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

Sec. 29. Caregiver support program definitions. 

Sec. 30. Caregiver support program. 

Sec. 31. Activities of national significance. 

Sec. 32. Title IV grant programs. 

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

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

Sec. 35. Demonstration projects for multigenerational activities. 

Sec. 36. Native American programs. 

Sec. 37. Multidisciplinary centers. 

Sec. 38. Responsibilities of Assistant Secretary. 

Sec. 39. Community service employment-based training for older Americans. 

Sec. 40. Native Americans caregiver support program. 

Sec. 41. Vulnerable elder rights protection activities. 

Sec. 42. Native American organization provisions. 


HMOORE on PROD1PC68 with HMBILLS
3 

HR 5293 RFS 

Sec. 43. Elderabuse, neglect, and exploitation prevention. 

Sec. 44. 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 

7 technology’, and ‘assistive technology service’ have 

8 the meanings given such terms in section 3 of the 

9 Assistive Technology Act of 1998 (29 U.S.C. 

10 3002).’’, 

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

12 follows: 

13 ‘‘(D) evidence-based health promotion pro14 grams, including programs related to the pre15 vention and mitigation of the effects of chronic 

16 disease (including osteoporosis, hypertension, 

17 obesity, diabetes, and cardiovascular disease), 

18 alcohol and substance abuse reduction, smoking 

19 cessation, weight loss and control, stress man20 agement, falls prevention, physical activity, and 

21 improved nutrition through the consumption of 

22 a healthful diet and multivitamin-mineral sup23 plementation;’’, 

24 (3) in paragraph (29)(E)— 


HMOORE on PROD1PC68 with HMBILLS
4 

HR 5293 RFS 

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

2 end, 

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

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

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

6 ‘‘(iii) older individuals at risk for in7 stitutional placement.’’, 

8 (4) by amending paragraph (24) to read as fol9 lows: 

10 ‘‘(24) The term ‘exploitation’ means the fraudu11 lent or otherwise illegal, unauthorized, or improper 

12 act or process of an individual that uses the re13 sources of an older individual for monetary or per14 sonal benefit, profit, or gain, or that results in de15 priving an older individual of rightful access to, or 

16 use of, benefits, resources, belongings, or assets.’’, 

17 (5) by amending paragraph (34) to read as fol18 lows: 

19 ‘‘(34) The term ‘neglect’ means— 

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

21 to provide goods or services that are necessary 

22 to maintain the health or safety of an elder; or 

23 ‘‘(B) self neglect.’’, 

24 (6) by redesignating paragraphs (1) through 

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


HMOORE on PROD1PC68 with HMBILLS
5 

HR 5293 RFS 

1 (52), (13), (46), (8), (28), (12), (1), (2), (3), (5), 

2 (6), (10), (24), (35), (11), (14), (15), (17), (19), 

3 (20), (21), (22), (27), (29), (30), (32) (33), (36), 

4 (38), (39), (40), (41), (42), (49), (51), (18), and 

5 (47), respectively, 

6 (7) by transferring such paragraphs so as to ar7 range them in numerical order as so redesignated, 

8 (8) by inserting after paragraph (3), as so re9 designated the following: 

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

11 Center’ means a program established by a State as 

12 part of the State’s system of long-term care, to pro13 vide a coordinated system for providing— 

14 ‘‘(A) comprehensive information on avail15 able public and private long-term care pro16 grams, options, and resources; 

17 ‘‘(B) personal counseling to assist individ18 uals in assessing their existing or anticipated 

19 long-term care needs, and developing and imple20 menting a plan for long-term care designed to 

21 meet their specific needs and circumstances; 

22 and 

23 ‘‘(C) consumer access to the range of pub24 licly-supported long-term care programs for 


HMOORE on PROD1PC68 with HMBILLS
6 

HR 5293 RFS 

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 re4 designated, the following: 

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

7 that such individual is unable to perform at least 

8 two activities of daily living without substantial 

9 human assistance (including verbal reminding, phys10 ical cuing, or supervision) and is determined by the 

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

12 facility.’’, 

13 (10) by inserting after paragraph (15), as so 

14 redesignated, the following: 

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

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

17 elder abuse, neglect, and exploitation and to protect 

18 elders with diminished capacity while maximizing 

19 their autonomy.’’, 

20 (11) by inserting after paragraph (22), as so 

21 redesignated, the following: 

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

23 has the meaning as defined in section 502 of the 

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


HMOORE on PROD1PC68 with HMBILLS
7 

HR 5293 RFS 

1 (12) by inserting after paragraph (30), as so 

2 redesignated, the following: 

3 ‘‘(31) The term ‘long-term care’ means any 

4 services, care, or items (including assistive devices), 

5 including disease prevention and health promotion 

6 services, in-home services, and case management 

7 service— 

8 ‘‘(A) intended to assist individuals in cop9 ing with, and to the extent practicable com10 pensate for, functional impairments in carrying 

11 out activities of daily living; 

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

13 care setting (including a small community care 

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

15 large community care setting as defined in sub16 section (h)(1), of section 1929 of the Social Se17 curity Act (42 U.S.C. 1396t)), or in a long18 term care facility; and 

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

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

21 (13) by inserting after paragraph (33), as so 

22 redesignated, the following: 

23 ‘‘(34) The term ‘multivitamin-mineral supple24 ment’ means a dietary supplement that provides at 

25 least two-third’s of the essential vitamins and minVerDate Aug 31 2005 04:25 Jun 23, 2006 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5293.RFS H5293

HMOORE on PROD1PC68 with HMBILLS
8 

HR 5293 RFS 

1 erals at 100 percent of the daily value levels as de2 termined by the Food and Drug Administration.’’, 

3 (14) by inserting after paragraph (43), as so 

4 redesignated, the following: 

5 ‘‘(44) The term ‘self-directed care’ means an 

6 approach to providing services (including programs, 

7 benefits, supports, and technology) under this Act 

8 intended to an older individual to assist such indi9 vidual with activities of daily living, in which 

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

11 duration, scope, provider, and location of such 

12 services) are planned, budgeted, and purchased 

13 under the direction and control of such indi14 vidual; 

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

16 information and assistance as necessary and ap17 propriate to enable such individual to make in18 formed decisions about his or her care options; 

19 ‘‘(C) the needs, capabilities, and pref20 erences of such individual with respect to such 

21 services, and such individual’s ability to direct 

22 and control his or her receipt of such services, 

23 are assessed by the area agency on aging (or 

24 other agency designated by the area agency on 

25 aging); 


HMOORE on PROD1PC68 with HMBILLS
9 

HR 5293 RFS 

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

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

3 other agency designated by the area agency on 

4 aging) develops together with such individual 

5 and his or her family, caregiver, or legal rep6 resentative— 

7 ‘‘(i) a plan of services for such indi8 vidual that specifies which services such in9 dividual will be responsible for directing; 

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

11 family members (and others whose partici12 pation is sought by such individual) in pro13 viding services under such plan; and 

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

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

16 agency provides for oversight of such individ17 ual’s self-directed receipt of services, including 

18 steps to ensure the quality of services provided 

19 and the appropriate use of funds under this 

20 Act. 

21 ‘‘(45) The term ‘self-neglect’ means an adult’s 

22 inability, due to physical or mental impairment or 

23 diminished capacity, to perform essential self-care 

24 tasks including— 


HMOORE on PROD1PC68 with HMBILLS
10 

HR 5293 RFS 

1 ‘‘(A) obtaining essential food, clothing, 

2 shelter, and medical care; 

3 ‘‘(B) obtaining goods and services nec4 essary to maintain physical health, mental 

5 health, or general safety; or 

6 ‘‘(C) managing one’s own financial af7 fairs.’’, and 

8 (15) by inserting after paragraph (49), as so 

9 redesignated, the following: 

10 ‘‘(50) The term ‘State system of long-term 

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

12 and activities administered by a State that provide, 

13 support, or facilitate access to long-term care to in14 dividuals in such State.’’. 

15 SEC. 3. ESTABLISHMENT OF ADMINISTRATION ON AGING. 

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

17 U.S.C. 3011) is amended by adding at the end the fol18 lowing: 

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

20 the Administration responsibility for elder abuse preven21 tion and services. 

22 ‘‘(2) It shall be the duty of the assistant secretary, 

23 acting through the person designated with responsibility 

24 for elder abuse prevention and services, to develop objec25 tives, priorities, policy, and a long-term plan for— 


HMOORE on PROD1PC68 with HMBILLS
11 

HR 5293 RFS 

1 ‘‘(A) carrying out elder justice programs and 

2 activities relating to— 

3 ‘‘(i) elder abuse prevention, detection, 

4 treatment, and intervention, and response; 

5 ‘‘(ii) training of individuals regarding the 

6 matters described in clause (i); and 

7 ‘‘(iii) the improvement of the elder justice 

8 system in the United States; 

9 ‘‘(B) collecting and disseminating data relating 

10 to the abuse, neglect, and exploitation of older indi11 viduals; 

12 ‘‘(C) disseminating information concerning best 

13 practices regarding, and providing training on, car14 rying out activities related to abuse, neglect, and ex15 ploitation of older individuals; 

16 ‘‘(D) conducting research related to abuse, ne17 glect, and exploitation of older individuals; 

18 ‘‘(E) providing technical assistance to States 

19 and other eligible entities under title VII; 

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

21 under title VII to develop strategic plans to better 

22 coordinate elder justice activities, research, and 

23 training; and 

24 ‘‘(G) promoting collaborative efforts and dimin25 ishing duplicative efforts in the development and 


HMOORE on PROD1PC68 with HMBILLS
12 

HR 5293 RFS 

1 carrying out of elder justice programs at the Fed2 eral, State, and local levels. 

3 ‘‘(f)(1) The Assistant Secretary may designate an of4 ficer or employee who shall be responsible for the adminis5 tration of mental health services authorized under this 

6 Act; 

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

8 acting through the individual designated in paragraph (1), 

9 to develop objectives, priorities, and a long-term plan for 

10 supporting State and local efforts involving education, pre11 vention, detection, and treatment of mental disorders, in12 cluding age-related dementia, depression, and Alzheimer’s 

13 disease and related neurological disorders.’’. 

14 SEC. 4. FUNCTIONS OF THE ASSISTANT SECRETARY. 

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

16 U.S.C. 3012) is amended— 

17 (1) in subsection (a)— 

18 (A) in paragraph (5) by inserting ‘‘assist19 ive technology,’’ after ‘‘housing,’’, 

20 (B) in paragraph (12)— 

21 (i) by striking ‘‘(12)’’ and inserting 

22 the following: 

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

24 the Centers for Medicare & Medicaid Services and 

25 other federal entities to implement and build awareVerDate Aug 31 2005 04:25 Jun 23, 2006 Jkt 049200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H5293.RFS H5293

HMOORE on PROD1PC68 with HMBILLS
13 

HR 5293 RFS 

1 ness of programs providing benefits affecting older 

2 individuals; and 

3 ‘‘(B)’’, 

4 (C) in paragraph (20)— 

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

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

7 aging, and service providers’’, 

8 (ii) by striking ‘‘and benefits’’ and in9 serting ‘‘benefits’’, 

10 (iii) by inserting ‘‘benefits under any 

11 other applicable Federal program, or any 

12 other service (including technology and 

13 internet-based decision support tools) to 

14 assist consumers to learn about, to receive 

15 benefits under, and to participate in pro16 grams for which they may be eligible’’ 

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

18 (iv) by inserting ‘‘(A)’’ after ‘‘(20)’’, 

19 and 

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

21 ‘‘(B) provide technical assistance and support 

22 for benefits enrollment assistance and outreach to 

23 support efforts to inform and enroll low-income older 

24 individuals who may be eligible to participate, but 

25 who are not participating, in Federal and State proVerDate Aug 31 2005 04:25 Jun 23, 2006 Jkt 049200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H5293.RFS H5293

HMOORE on PROD1PC68 with HMBILLS
14 

HR 5293 RFS 

1 grams for which they are eligible, and may in co2 operation with Federal partners, make grants or 

3 contracts to establish a National Center on Senior 

4 Benefits Outreach and Enrollment, which shall— 

5 ‘‘(i) maintain and update web-based deci6 sion supports and enrollment tools and inte7 grated, person-centered systems designed to in8 form older individuals about the full range of 

9 benefits for which they may be eligible; 

10 ‘‘(ii) utilize cost-effective strategies to find 

11 and enroll those with greatest economic need; 

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

13 and Disability Resource Centers, and other 

14 public and private State and community-based 

15 organizations and coalitions, including faith16 based organizations, to serve as enrollment ben17 efit centers; 

18 ‘‘(iv) develop and maintain an information 

19 clearinghouse on best practices and cost-effec20 tive methods for identifying and enrolling lim21 ited income older Americans in benefits for 

22 which they are eligible; and 

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

24 partners administering programs, training and 


HMOORE on PROD1PC68 with HMBILLS
15 

HR 5293 RFS 

1 technical assistance on effective outreach, 

2 screening, enrollment and follow-up strategies.’’, 

3 (D) in paragraph (26)— 

4 (i) in subsection (D)— 

5 (I) by striking ‘‘gaps in’’, and 

6 (II) by inserting ‘‘(including serv7 ices that would permit such individ8 uals to receive long-term care in home 

9 and community-based settings)’’ after 

10 ‘‘individuals’’, and 

11 (ii) in subsection (E) by striking 

12 ‘‘and’’ at the end, 

13 (E) in paragraph (27)— 

14 (i) in subparagraph (B) by adding 

15 ‘‘and’’ at the end, 

16 (ii) in subparagraph (C) by striking 

17 the semicolon and inserting a period, and 

18 (iii) by striking subparagraph (D), 

19 and 

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

21 ‘‘(28) make available to States, area agencies 

22 on aging, and service providers information and 

23 technical assistance to support the provision of evi24 dence-based disease prevention and health promotion 

25 services.’’, and 


HMOORE on PROD1PC68 with HMBILLS
16 

HR 5293 RFS 

1 (2) by striking subsections (b) and (c), and in2 serting the following: 

3 ‘‘(b) To promote the development and implementa4 tion of comprehensive, coordinated systems at Federal, 

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

6 home and community-based settings, in a manner respon7 sive to the needs and preferences of older individuals and 

8 their family caregivers, the Assistant Secretary shall, con9 sistent with the applicable provisions of this title— 

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

11 other Federal agencies and departments responsible 

12 for formulating and implementing programs, bene13 fits, and services related to providing long-term care, 

14 and may make grants, contracts, and cooperative 

15 agreements with funds received from other Federal 

16 entities; 

17 ‘‘(2) conduct research and demonstration 

18 projects to identify innovative, cost-effective strate19 gies for modifying State systems of long-term care 

20 to— 

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

22 of older individuals and family caregivers; and 

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

24 for institutional placement, to permit such indiVerDate Aug 31 2005 04:25 Jun 23, 2006 Jkt 049200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H5293.RFS H5293

HMOORE on PROD1PC68 with HMBILLS
17 

HR 5293 RFS 

1 viduals to remain in home and community2 based care settings; 

3 ‘‘(3) establish criteria and promote the imple4 mentation (through area agencies on aging, service 

5 providers, and such other entities as the Assistant 

6 Secretary determines to be appropriate) of evidence7 based programs to assist older individuals and their 

8 family caregivers in learning about and making be9 havioral changes intended to reduce the risk of in10 jury, disease, and disability among older individuals; 

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

12 for Medicare & Medicaid Services, the Cash and 

13 Counseling National Program Office, and other Fed14 eral entities as appropriate, the provision of long15 term care in home and community-based settings, 

16 including the provision of self-directed care models 

17 that— 

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

19 needs and preferences of an individual at risk 

20 for institutional placement to help such indi21 vidual avoid unnecessary nursing home place22 ment and depletion of income and assets to 

23 qualify for Medicaid eligibility; 

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

25 of such individual and provide the option for 


HMOORE on PROD1PC68 with HMBILLS
18 

HR 5293 RFS 

1 the individual (or representative, as appro2 priate) to direct and control the receipt of sup3 port services provided; 

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

6 long-term support, including the selecting, 

7 budgeting, and purchasing of home and commu8 nity-based long-term care and supportive serv9 ices; 

10 (for purposes of this paragraph, the term ‘represent11 ative’ means a person appointed by the eligible indi12 vidual, or legally acting on the individual’s behalf, to 

13 represent or advise the individual in financial or 

14 service coordination matters); 

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

16 lead role with respect to issues concerning home and 

17 community-based long-term care, including— 

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

19 President determines to be appropriate) or oth20 erwise participating in departmental and inter21 departmental activities concerning long-term 

22 care; 

23 ‘‘(B) reviewing and commenting on depart24 mental rules, regulations, and policies related to 

25 providing long-term care; and 


HMOORE on PROD1PC68 with HMBILLS
19 

HR 5293 RFS 

1 ‘‘(C) making recommendations to the Sec2 retary with respect to home and community3 based long-term care, including recommenda4 tions based on findings made through projects 

5 conducted 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, assess25 ment and eligibility determination process; 


HMOORE on PROD1PC68 with HMBILLS
20 

HR 5293 RFS 

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 

7 preventative health benefits available under the 

8 Medicare Modernization Act; 

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

10 or contracts, national technical assistance programs 

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

12 community-based service providers funded under this 

13 Act in implementing— 

14 ‘‘(A) such home and community-based 

15 long-term care systems, including evidence16 based programs; and 

17 ‘‘(B) such evidence-based health promotion 

18 and disease prevention programs; 

19 ‘‘(9) develop, in collaboration with the Adminis20 trator of the Centers for Medicare & Medicaid Serv21 ices, performance standards and measures for use by 

22 States to determine the extent to which their sys23 tems of long-term care fulfill the objectives described 

24 in this subsection; and 


HMOORE on PROD1PC68 with HMBILLS
21 

HR 5293 RFS 

1 ‘‘(10) conduct such other activities as the As2 sistant Secretary determines to be appropriate. 

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

4 Corporation for National and Community Service, shall— 

5 ‘‘(1) encourage and permit voluntary groups ac6 tive in supportive services and civic engagement, in7 cluding youth organizations active at the secondary 

8 or postsecondary levels, to participate and be in9 volved individually or through representative groups, 

10 in such programs or activities to the maximum ex11 tent feasible; 

12 ‘‘(2) develop a comprehensive strategy for uti13 lizing older individuals to address critical local needs 

14 of national concern, including the engagement of 

15 older individuals in the activities of public and non16 profit organizations such as community-based and 

17 faith-based organizations; and 

18 ‘‘(3) encourage other community capacity build19 ing initiatives involving older individuals, with par20 ticular attention to initiatives that demonstrate the 

21 effectiveness and cost savings in meeting critical 

22 needs.’’. 

23 SEC. 5. FEDERAL AGENCY CONSULTATION. 

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

25 U.S.C. 3013) is amended— 


HMOORE on PROD1PC68 with HMBILLS
22 

HR 5293 RFS 

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

2 particular attention to low-income minority older in3 dividuals and older individuals residing in rural 

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

5 low-income older individuals, including low-income 

6 minority older individuals, older individuals with lim7 ited English proficiency, and older individuals resid8 ing in rural areas)’’, and 

9 (2) in subsection (b)— 

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

11 the end, 

12 (B) in paragraph (18) by striking the pe13 riod at the end and inserting ‘‘; and’’, and 

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

15 ‘‘(19) sections 4 and 5 of the Assistive Tech16 nology Act of 1998 (29 U.S.C. 3003–3004).’’. 

17 SEC. 6. ADMINISTRATION. 

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

19 U.S.C. 3016) is amended— 

20 (1) in subsection (a)— 

21 (A) in paragraph (1)— 

22 (i) in subparagraph (C) by adding 

23 ‘‘and’’ at the end, 


HMOORE on PROD1PC68 with HMBILLS
23 

HR 5293 RFS 

1 (ii) in subparagraph (D) by striking 

2 the semicolon at the end and inserting a 

3 period, and 

4 (iii) by striking subparagraph (E), 

5 and 

6 (B) in paragraph (2)— 

7 (i) in subparagraph (A)— 

8 (I) by amending clause (i) to 

9 read as follows: 

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

11 evidence-based programs to support improved nutri12 tion and regular physical activity for older individ13 uals;’’, 

14 (II) by amending clause (iii) to 

15 read as follows: 

16 ‘‘(iii) conducting outreach and disseminating 

17 evidence-based information to nutrition service pro18 viders about the benefits of healthful diets and reg19 ular physical activity, including information about 

20 the most current Dietary Guidelines for Americans 

21 published under section 301 of the National Nutri22 tion Monitoring and Related Research Act of 1990 

23 (7 U.S.C. 5341), the Food Guide Pyramid published 

24 jointly by the Secretary and the Secretary of Agri25 culture, and advances in nutrition science;’’, 


HMOORE on PROD1PC68 with HMBILLS
24 

HR 5293 RFS 

1 (III) in clause (vii) by striking 

2 ‘‘and’’ at the end, and 

3 (IV) by striking clause (viii) and 

4 inserting the following: 

5 ‘‘(viii) disseminating guidance that describes 

6 strategies for improving the nutritional quality of 

7 meals provided under title III, particularly strategies 

8 for increasing the consumption of whole grains, 

9 lowfat dairy products, fruits and vegetables; 

10 ‘‘(ix) developing and disseminating guidelines 

11 for conducting nutrient analyses of meals provided 

12 in subparts 1 and 2 of part C, including guidelines 

13 for averaging key nutrients over an appropriate pe14 riod of time; and 

15 ‘‘(x) providing technical assistance to the re16 gional offices of the Administration with respect to 

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

18 and 

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

20 to read as follows: 

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

22 and meal planning; and’’. 


HMOORE on PROD1PC68 with HMBILLS
25 

HR 5293 RFS 

1 SEC. 7. EVALUATION. 

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

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

4 to read as follows: 

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

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

as may be necessary, but not to exceed 1 7 ⁄2 of 1 percent 

8 of such amount, for purposes of conducting evaluations 

9 under this section, either directly or through grants or 

10 contracts.’’. 

11 SEC. 8. REPORTS. 

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

13 1965 (42 U.S.C. 3018(b)(2)) is amended— 

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

15 and inserting ‘‘the Workforce’’, and 

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

17 Human Resources’’ and inserting ‘‘Health, Edu18 cation, Labor, and Pensions’’. 

19 SEC. 9. CONTRACTUAL, COMMERCIAL AND PRIVATE PAY 

20 RELATIONSHIPS; APPROPRIATE USE OF ACT 

21 FUNDS. 

22 (a) PRIVATE PAY RELATIONSHIPS; APPROPRIATE

23 USE OF ACT FUNDS.—Section 212 of the Older Ameri24 cans Act of 1965 (42 U.S.C. 3020c) is amended to read 

25 as follows: 


HMOORE on PROD1PC68 with HMBILLS
26 

HR 5293 RFS 

1 ‘‘SEC. 212. CONTRACTING AND GRANT AUTHORITY; PRI2 VATE PAY RELATIONSHIPS; APPROPRIATE 

3 USE OF FUNDS. 

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

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

6 or a contract from entering into an agreement— 

7 ‘‘(1) with a profitmaking organization; 

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

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

10 cost (including an administrative cost) incurred by 

11 such recipient to carry out a contract or commercial 

12 relationship for the benefit of older individuals or 

13 their family caregivers, whether such relationship is 

14 carried out to implement a provision of this Act or 

15 to conduct activities inherently associated with im16 plementing such provision; or 

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

18 age or income (including the family caregiver of such 

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

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

21 services based on the fair market value of such serv22 ices. 

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

24 agreement described under subsection (a) may not— 

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

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


HMOORE on PROD1PC68 with HMBILLS
27 

HR 5293 RFS 

1 VI, without the prior recommendation of the Direc2 tor of the Office for American Indian, Alaska Na3 tive, and Native Hawaiian Aging and the prior ap4 proval of the Assistant Secretary); 

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

6 the effect of, paying, reimbursing, or otherwise com7 pensating an entity under such agreement in an 

8 amount that exceeds the fair market value of the 

9 goods or services furnished by such entity under 

10 such agreement; 

11 ‘‘(3) result in the displacement of services oth12 erwise available to an older individual with the 

13 greatest social need, an older individual with great14 est economic need, or an older individual who is at 

15 risk for institutional placement; or 

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

17 or be inconsistent with the objective of serving the 

18 needs of older individuals, as determined by the As19 sistant Secretary.’’. 

20 SEC. 10. NUTRITION EDUCATION. 

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

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

23 ‘‘SEC. 214. NUTRITION EDUCATION. 

24 ‘‘The Assistant Secretary, in consultation with the 

25 Secretary of Agriculture, shall conduct outreach and proVerDate Aug 31 2005 04:25 Jun 23, 2006 Jkt 049200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H5293.RFS H5293

HMOORE on PROD1PC68 with HMBILLS
28 

HR 5293 RFS 

1 vide technical assistance to agencies and organizations 

2 that serve older individuals to assist such agencies and or3 ganizations to carry out integrated health promotion and 

4 disease prevention programs that are designed for older 

5 individuals and that include nutrition education, physical 

6 activity, and other activities to modify behavior and to im7 prove health literacy (including information on optimal nu8 trient intake) through education and counseling in accord9 ance with section 339(2)(J).’’. 

10 SEC. 11. PENSION COUNSELING AND INFORMATION PRO11 GRAMS. 

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

13 U.S.C. 3020e–1) is amended— 

14 (1) in subsection (e)(1)(J) by striking ‘‘and 

15 low-income retirees’’ and inserting ‘‘, low income re16 tirees, and older individuals with limited English 

17 proficiency’’, 

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

19 to read as follows: 

20 ‘‘(2) The ability of the entity to perform effec21 tive outreach to affected populations, particularly 

22 populations with limited English proficiency and 

23 other populations that are identified in need of spe24 cial outreach.’’, and 


HMOORE on PROD1PC68 with HMBILLS
29 

HR 5293 RFS 

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

2 individuals with limited English proficiency)’’ after 

3 ‘‘individuals’’. 

4 SEC. 12. AUTHORIZATION OF APPROPRIATIONS. 

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

6 U.S.C. 3020f) is amended— 

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

8 2003, 2004, and 2005’’ and inserting ‘‘2007, 2008, 

9 2009, 2010, and 2011.’’, and 

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

11 ‘‘year’’ and all that follows through ‘‘years’’, and in12 serting ‘‘years 2007, 2008, 2009, 2010, and 2011’’. 

13 SEC. 13. PURPOSE; ADMINISTRATION. 

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

15 1965 (42 U.S.C. 3021(a)(2)) is amended— 

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

17 the end, 

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

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

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

21 ‘‘(F) organizations with experience in providing 

22 senior volunteer services, such as Federal volunteer 

23 programs administered by the Corporation for Na24 tional and Community Service designed to provide 


HMOORE on PROD1PC68 with HMBILLS
30 

HR 5293 RFS 

1 training, placement, and stipends for volunteers in 

2 community service settings.’’. 

3 SEC. 14. AUTHORIZATION OF APPROPRIATIONS; USES OF 

4 FUNDS. 

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

6 U.S.C. 3023) is amended— 

7 (1) in subsections (a)(1), (b), and (d) by strik8 ing ‘‘year 2001’’ and all that follows through 

9 ‘‘years’’ each place it appears, and inserting ‘‘years 

10 2007, 2008, 2009, 2010, and 2011’’, and 

11 (2) in subsection (e)— 

12 (A) by striking paragraph (1), 

13 (B) in paragraph (2)— 

14 (i) by striking ‘‘(2)’’ and inserting 

15 ‘‘(1)’’, and 

16 (ii) by striking ‘‘each of the 4 suc17 ceeding fiscal years’’ and inserting ‘‘for fis18 cal years 2007, 2008, 2009, 2010, and 

19 2011’’, and 

20 (C) in paragraph (3)— 

21 (i) by striking ‘‘(3)’’ and inserting 

22 ‘‘(2)’’, and 

23 (ii) by striking ‘‘paragraphs (1) and 

24 (2)’’ and inserting ‘‘paragraph (1)’’. 


HMOORE on PROD1PC68 with HMBILLS
31 

HR 5293 RFS 

1 SEC. 15. ORGANIZATION. 

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

3 (42 U.S.C. 3025(a)) is amended— 

4 (1) in paragraph (1)(E) by striking ‘‘(with par5 ticular attention to low-income minority individuals 

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

7 place it appears and inserting ‘‘(with particular at8 tention to low-income older individuals, including 

9 low-income minority older individuals, older individ10 uals with limited English proficiency, and older indi11 viduals residing in rural areas)’’, 

12 (2) in paragraph (2)(E) by striking ‘‘with par13 ticular attention to low-income minority individuals 

14 and older individuals residing in rural areas’’ and in15 serting ‘‘with particular attention to low-income 

16 older individuals, including low-income minority 

17 older individuals, older individuals with limited 

18 English proficiency, and older individuals residing in 

19 rural areas’’, and 

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

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

22 section, promote the development and implementa23 tion of a comprehensive, coordinated system in such 

24 State for providing long-term care in home and com25 munity-based settings, in a manner responsive to the 


HMOORE on PROD1PC68 with HMBILLS
32 

HR 5293 RFS 

1 needs and preferences of older individuals and their 

2 family caregivers, by— 

3 ‘‘(A) collaborating, coordinating, and con4 sulting with other agencies in such State re5 sponsible for formulating, implementing, and 

6 administering programs, benefits, and services 

7 related to providing long-term care; 

8 ‘‘(B) participating in any State govern9 ment activities concerning long-term care, in10 cluding reviewing and commenting on any State 

11 rules, regulations, and policies related thereto; 

12 ‘‘(C) conducting analyses and making rec13 ommendations, and implementing programs and 

14 strategies to modify the State’s system of long15 term care to better— 

16 ‘‘(i) respond to the needs and pref17 erences of older individuals and family 

18 caregivers; 

19 ‘‘(ii) facilitate the provision of long20 term care in home and community-based 

21 settings through service providers; and 

22 ‘‘(iii) target services to individuals at 

23 risk for institutional placement, to permit 

24 such individuals to remain in home and 

25 community-based care settings; 


HMOORE on PROD1PC68 with HMBILLS
33 

HR 5293 RFS 

1 ‘‘(D) implement (through area agencies on 

2 aging, service providers, and such other entities 

3 as the State determines to be appropriate) evi4 dence-based programs to assist older individuals 

5 and their family caregivers in learning about 

6 and making behavioral changes intended to re7 duce the risk of injury, disease, and disability 

8 among older individuals; and 

9 ‘‘(E) providing for the availability and dis10 tribution (through public education campaigns, 

11 aging and disability resource centers, area 

12 agencies on aging, and other appropriate 

13 means) of information relating to— 

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

15 long-term care; and 

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

17 private long-term care programs, options, 

18 and resources.’’. 

19 SEC. 16. AREA PLANS. 

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

21 U.S.C. 3026) is amended— 

22 (1) in subsection (a)— 

23 (A) in paragraph (1)— 

24 (i) by striking ‘‘(with particular atten25 tion to low-income minority individuals and 


HMOORE on PROD1PC68 with HMBILLS
34 

HR 5293 RFS 

1 older individuals residing in rural areas)’’ 

2 each place it appears and inserting ‘‘(with 

3 particular attention to low-income older in4 dividuals, low-income minority older indi5 viduals, older individuals with limited 

6 English proficiency, and older individuals 

7 residing in rural areas)’’, and 

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

9 individuals at risk for institutional place10 ment residing in such area,’’ after ‘‘indi11 viduals) residing in such area,’’, 

12 (B) in paragraph (4)— 

13 (i) in subparagraph (A)— 

14 (I) by amending clause (i) to 

15 read as follows: 

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

17 aging will— 

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

19 State policy, for providing services to older indi20 viduals with greatest economic need, older indi21 viduals with greatest social need, and older in22 dividuals at risk for institutional placement; 

23 ‘‘(II) include in the area plan specific ob24 jectives for providing services to low-income miVerDate Aug 31 2005 04:25 Jun 23, 2006 Jkt 049200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\H5293.RFS H5293

HMOORE on PROD1PC68 with HMBILLS
35 

HR 5293 RFS 

1 nority older individuals and older individuals re2 siding in rural areas; and 

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

4 methods to achieve such objectives;’’, and 

5 (II) in clause (ii) by inserting 

6 ‘‘(including older individuals with lim7 ited English proficiency)’’ after ‘‘low 

8 income minority individuals’’ each 

9 place it appears; and 

10 (ii) in subparagraph (B)— 

11 (I) by moving the left margin of 

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

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

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

15 (II) in clause (i)— 

16 (aa) in subclause (V) by 

17 striking ‘‘and’’ at the end; and 

18 (bb) by adding at the end 

19 the following: 

20 ‘‘(VI) older individuals at risk for in21 stitutional placement; and’’, and 

22 (III) by striking ‘‘(VI)’’ and in23 serting ‘‘(VII)’’, 


HMOORE on PROD1PC68 with HMBILLS
36 

HR 5293 RFS 

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

3 after ‘‘severe disabilities’’, 

4 (D) in paragraph (6)— 

5 (i) in subparagraph (C)— 

6 (I) in clause (i) by striking 

7 ‘‘and’’ at the end, 

8 (II) in clause (ii) by adding 

9 ‘‘and’’ at the end, and 

10 (III) by inserting after clause (ii) 

11 the following: 

12 ‘‘(iii) make use of trained volunteers in 

13 providing 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 

18 to 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 


HMOORE on PROD1PC68 with HMBILLS
37 

HR 5293 RFS 

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

3 ‘‘individuals,’’, and 

4 (iii) by amending subparagraph (F) to 

5 read as follows: 

6 ‘‘(F) in coordination with the State unit on 

7 aging and the State agency responsible for 

8 mental health services, increase public aware9 ness of mental health disorders, remove barriers 

10 to diagnosis and treatment, and coordinate 

11 mental health services provided (including men12 tal health screenings) with funds expended by 

13 the area agency on aging with mental health 

14 services provided by community health centers 

15 and by other public agencies and nonprofit pri16 vate organizations;’’, 

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

18 follows: 

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

20 shall, consistent with this section, facilitate the area21 wide development and implementation of a com22 prehensive, coordinated system for providing long23 term care in home and community-based settings, in 

24 a manner responsive to the needs and preferences of 

25 older individuals and their family caregivers, by— 


HMOORE on PROD1PC68 with HMBILLS
38 

HR 5293 RFS 

1 ‘‘(A) collaborating, coordinating, and con2 sulting with other local public and private agen3 cies and organizations responsible for admin4 istering programs, benefits, and services related 

5 to providing long-term care; 

6 ‘‘(B) conducting analyses, making rec7 ommendations, and implementing programs 

8 with respect to strategies for modifying the 

9 local system of long-term care to better— 

10 ‘‘(i) respond to the needs and pref11 erences of older individuals and family 

12 caregivers; 

13 ‘‘(ii) facilitate the provision, through 

14 service providers, of long-term care in 

15 home and community-based settings; and 

16 ‘‘(iii) target services to older individ17 uals at risk for institutional placement, to 

18 permit such individuals to remain in home 

19 and community-based care settings; 

20 ‘‘(C) implement, through the agency or 

21 service providers, evidence-based programs to 

22 assist older individuals and their family care23 givers in learning about and making behavioral 

24 changes intended to reduce the risk of injury, 


HMOORE on PROD1PC68 with HMBILLS
39 

HR 5293 RFS 

1 disease, and disability among older individuals; 

2 and 

3 ‘‘(D) provide for the availability and dis4 tribution (through public education campaigns, 

5 aging and disability resource centers, and other 

6 appropriate means) of information relating to— 

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

8 long-term care; and 

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

10 private long-term care programs, options, 

11 and resources;’’, 

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

13 paragraphs (15), 

14 (G) by redesignating paragraph (16) as 

15 paragraph (14), and 

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

17 ‘‘(15) provide assurances that funds received 

18 under this title will be used— 

19 ‘‘(A) in a manner, consistent with para20 graph (4), that gives priority in furnishing ben21 efits and services to older individuals with 

22 greatest economic need, older individuals with 

23 greatest social need, and older individuals at 

24 risk for institutional placement; and 


HMOORE on PROD1PC68 with HMBILLS
40 

HR 5293 RFS 

1 ‘‘(B) in compliance with the assurances 

2 specified in paragraph (13) and the limitations 

3 specified in section 212(b); and 

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

5 for the furnishing of services under this Act con6 sistent with self-directed care.’’, 

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

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

9 (3) by inserting after subsection (a) the fol10 lowing: 

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

12 area plan an assessment of how prepared the planning and 

13 service area is for any anticipated change in the number 

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

15 fiscal year for which the plan is submitted. Such assess16 ment may include— 

17 ‘‘(A) the projected change in the number of 

18 older individuals in the planning and service area; 

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

20 such individuals, including such individuals with low 

21 incomes, such individuals with greatest economic 

22 need, minority older individuals, older individuals re23 siding in rural areas, and older individuals with lim24 ited English proficiency; 


HMOORE on PROD1PC68 with HMBILLS
41 

HR 5293 RFS 

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

2 and services provided in the planning and service 

3 area can be improved, and how resource levels can 

4 be adjusted, to meet the needs of the changing popu5 lation of older individuals in such area; and 

6 ‘‘(D) an analysis of how the change in the num7 ber of individuals 85 years of age and older is ex8 pected to affect the need for supportive services. 

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

10 government officials, State agencies, tribal organizations, 

11 or local entities, may make recommendations to govern12 ment officials in the planning and service area and the 

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

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

15 needs of older individuals for— 

16 ‘‘(A) health and human services; 

17 ‘‘(B) land use; 

18 ‘‘(C) housing; 

19 ‘‘(D) transportation; 

20 ‘‘(E) public safety; 

21 ‘‘(F) workforce and economic development; 

22 ‘‘(G) recreation; 

23 ‘‘(H) education; 

24 ‘‘(I) civic engagement; and 


HMOORE on PROD1PC68 with HMBILLS
42 

HR 5293 RFS 

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

2 agency.’’. 

3 SEC. 17. STATE PLANS. 

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

5 (42 U.S.C. 3027(a)) is amended— 

6 (1) in paragraph (4) by striking ‘‘with par7 ticular attention to low-income minority individuals 

8 and older individuals residing in rural areas’’ and in9 serting ‘‘low-income minority older individuals, older 

10 individuals with limited English proficiency, and 

11 older individuals residing in rural areas’’, 

12 (2) by striking paragraph (15), 

13 (3) by redesignating paragraph (14) as para14 graph (15), 

15 (4) by inserting after paragraph (13) the fol16 lowing: 

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

18 year preceding the fiscal year for which such plan is 

19 prepared— 

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

21 minority older individuals in the State, includ22 ing the number of low-income older individuals 

23 with limited English proficiency; and 

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

25 the service needs of such minority older individVerDate Aug 31 2005 04:25 Jun 23, 2006 Jkt 049200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\H5293.RFS H5293

HMOORE on PROD1PC68 with HMBILLS
43 

HR 5293 RFS 

1 uals, including the plan to service the needs of 

2 older individuals with limited English pro3 ficiency.’’, 

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

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

6 minority individuals and older individuals residing in 

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

8 ‘‘(with particular attention to low-income older indi9 viduals, low-income minority older individuals, older 

10 individuals with limited English proficiency, and 

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

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

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

14 area agencies on aging will, to the maximum extent 

15 feasible, provide for the furnishing of services under 

16 this Act consistent with self-directed care. 

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

18 of the State, an assessment of how prepared the 

19 State is, under the State’s statewide service delivery 

20 model, for a change in the number of older individ21 uals during the 10-year period following the fiscal 

22 year for which the plan is submitted. 

23 ‘‘(B) Such assessment may include— 

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

25 older individuals in the State; 


HMOORE on PROD1PC68 with HMBILLS
44 

HR 5293 RFS 

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

2 affect such individuals, including individuals 

3 with low incomes, individuals with great eco4 nomic need, minority older individuals, older in5 dividuals residing in rural areas, and older indi6 viduals with limited English proficiency; 

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

8 policies, and services provided by the State can 

9 be improved, including coordinating with area 

10 agencies on aging, and how resource levels can 

11 be adjusted to meet the needs of the changing 

12 population of older individuals in the State; and 

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

14 number of individuals 85 years of age and older 

15 in the State is expected to affect the need for 

16 supportive services.’’. 

17 SEC. 18. PAYMENTS. 

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

19 1965 (42 U.S.C. 3029(b)(2)) is amended by striking ‘‘the 

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

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

22 in such section 304(d)(1)(D)’’. 

23 SEC. 19. NUTRITION SERVICES INCENTIVE PROGRAM. 

24 (a) CASH ONLY PROGRAM; AUTHORITY TO USE PRO25 GRAM FUNDS TO PURCHASE FOOD THROUGH SCHOOL


HMOORE on PROD1PC68 with HMBILLS
45 

HR 5293 RFS 

1 FOOD AUTHORITIES.—Section 311 of the Older Ameri2 cans Act of 1965 (42 U.S.C. 3030a) is amended— 

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

4 following: 

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

6 disburse amounts received under this subsection to recipi7 ents of grants and contracts.’’, 

8 (2) in subsection (c)— 

9 (A) in paragraph (1) by inserting ‘‘(includ10 ing bonus commodities)’’ after ‘‘commodities’’, 

11 (B) in paragraph (2) by inserting ‘‘(includ12 ing bonus commodities)’’ after ‘‘commodities’’, 

13 (C) in paragraph (3) by inserting ‘‘(includ14 ing bonus commodities)’’ after ‘‘products’’, and 

15 (D) by adding at the end the following: 

16 ‘‘(4) Among the commodities delivered under this 

17 subsection, the Secretary of Agriculture shall give special 

18 emphasis to high protein foods. The Secretary of Agri19 culture, in consultation with the Assistant Secretary, is 

20 authorized to prescribe the terms and conditions respect21 ing the donation of commodities under this subsection.’’, 

22 (3) by amending subsection (d) to read as fol23 lows: 

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

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


HMOORE on PROD1PC68 with HMBILLS
46 

HR 5293 RFS 

1 shall be available only for the purchase by such entities 

2 of United States agricultural commodities and other foods 

3 for their respective nutrition projects, subject to para4 graph (2). 

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

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

7 food authority (as referred to under the Richard B. Rus8 sell National School Lunch Act (42 U.S.C.1751 et seq.) 

9 to obtain United States agricultural commodities for such 

10 entity’s nutrition projects, in accordance with an agree11 ment between the entity and the school food authority, 

12 under which such payments— 

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

14 and 

15 ‘‘(B) may cover related expenses incurred by 

16 the school food authority, including the cost of 

17 transporting, distributing, processing, storing, and 

18 handling such commodities.’’, 

19 (4) in subsection (e) by striking ‘‘2001’’ and in20 serting ‘‘2007’’, 

21 (5) in subsection (f)— 

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

23 by striking ‘‘the Secretary of Agriculture and 

24 the Secretary of Health and Human Services’’ 


HMOORE on PROD1PC68 with HMBILLS
47 

HR 5293 RFS 

1 and inserting ‘‘the Assistant Secretary and the 

2 Secretary of Agriculture’’, and 

3 (B) by amending paragraphs (1) and (2) 

4 to read as follows: 

5 ‘‘(1) school food authorities participating in 

6 programs authorized under the Richard B. Russell 

7 National School Lunch Act within the geographic 

8 area served by each such State agency; and 

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

10 agencies, area agencies on aging, and providers 

11 under subsection (c).’’. 

12 SEC. 20. CONSUMER CONTRIBUTIONS. 

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

14 U.S.C. 3030c–2) is amended— 

15 (1) in subsection (b)— 

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

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

18 shall be encouraged for individuals whose self19 declared income is at or above 125 percent of 

20 the poverty line and may be requested at con21 tribution levels based on the actual cost of serv22 ices, if’’, and 

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

24 to supplement (not supplant) funds received 

25 under this Act’’ after ‘‘given’’, 


HMOORE on PROD1PC68 with HMBILLS
48 

HR 5293 RFS 

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

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

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

5 older individuals, including low-income minority 

6 older individuals, older individuals with limited 

7 English proficiency, and older individuals residing in 

8 rural areas)’’, and 

9 (3) in subsection (d) by striking ‘‘with par10 ticular attention to low-income and minority individ11 uals and older individuals residing in rural areas’’ 

12 and inserting ‘‘, with particular attention to low-in13 come older individuals, including low-income minor14 ity older individuals, older individuals with limited 

15 English proficiency, and older individuals residing in 

16 rural areas’’. 

17 SEC. 21. SUPPORTIVE SERVICES AND SENIOR CENTERS 

18 PROGRAM. 

19 Section 321(a) of the Older Americans Act of 1965 

20 (42 U.S.C. 3030d(a)) is amended— 

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

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

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

24 assistive technology devices and assistive technology 

25 services)’’ after ‘‘services’’, 


HMOORE on PROD1PC68 with HMBILLS
49 

HR 5293 RFS 

1 (3) in paragraph (14)(B) by inserting ‘‘(includ2 ing mental health)’’ after ‘‘health’’, 

3 (4) in paragraph (21)— 

4 (A) by striking ‘‘school-age children’’ and 

5 inserting ‘‘students’’, and 

6 (B) by inserting ‘‘services to older individ7 uals with limited English proficiency and’’ after 

8 ‘‘including’’, 

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

10 the end and inserting a semicolon, 

11 (6) by redesignating paragraph (23) as para12 graph (25), and 

13 (7) by inserting after paragraph (22) the fol14 lowing: 

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

16 agencies on aging, and local service providers carry 

17 out and coordinate, with respect to mental health 

18 services, activities including outreach, education, 

19 screening, and referral for treatment of older indi20 viduals; 

21 (24) activities to promote and disseminate in22 formation about life-long learning programs, includ23 ing opportunities for distance teaching; and’’. 


HMOORE on PROD1PC68 with HMBILLS
50 

HR 5293 RFS 

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), in4 sert the following: 

5 ‘‘SEC. 330. PURPOSE. 

6 ‘‘It is the purpose of this part to promote socializa7 tion and the health and well-being of older individuals by 

8 assisting such individuals to gain access to disease preven9 tion and health promotion services (including information, 

10 nutrition services, and programs of physical activity) to 

11 delay the onset of health conditions resulting from poor 

12 nutritional 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 

21 appears, and 

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

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

24 following: 


HMOORE on PROD1PC68 with HMBILLS
51 

HR 5293 RFS 

1 ‘‘(3) provide nutrition education, nutrition 

2 counseling, and other nutrition services, as appro3 priate, based on the needs of meal participants; and 

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

5 in (1), a multivitamin-mineral supplement as an ad6 dition 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 

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

13 approved under section 307 for the establishment and op14 eration of nutrition projects for older individuals which 

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

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

17 Assistant Secretary by rule) and a lesser frequency is ap18 proved by the State agency)— 

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

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

21 or supplemental foods and any additional meals that 

22 the recipient of a grant or contract under this sub23 part elects to provide; and 


HMOORE on PROD1PC68 with HMBILLS
52 

HR 5293 RFS 

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 ex9 perts in the field of nutrition science, dietetics, meal plan10 ning and food service management, and aging, shall de11 velop minimum criteria of efficiency and quality for the 

12 furnishing 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)— 


HMOORE on PROD1PC68 with HMBILLS
53 

HR 5293 RFS 

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

2 follows: 

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

5 by the Secretary and the Secretary of Ag6 riculture, 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 


HMOORE on PROD1PC68 with HMBILLS
54 

HR 5293 RFS 

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 Ameri20 cans Act of 1965 to enter into a contract with the Food 

21 and Nutrition Board of the Institute of Medicine, for the 

22 purpose of establishing an independent panel of experts 

23 that will conduct an evidence-based evaluation of the nu24 trition projects authorized in such Act. Such study shall, 

25 to the extent data are available, include— 


HMOORE on PROD1PC68 with HMBILLS
55 

HR 5293 RFS 

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 

12 the 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 im18 prove the nutritional status of participants, includ19 ing vitamin-mineral supplementation. 

20 (b) TIMING.—The Institute of Medicine shall estab21 lish an independent panel of experts not later than 90 days 

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

23 submit to the Assistant Secretary the report described in 

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

25 the enactment of this Act. The Assistant Secretary shall 


HMOORE on PROD1PC68 with HMBILLS
56 

HR 5293 RFS 

1 submit a report on the findings of the evidence-based 

2 study described in such subsection to the Committee on 

3 Education and the Workforce of the House of Representa4 tives and the Committee on Health, Education, Labor and 

5 Pensions of the Senate. 

6 SEC. 28. IMPROVING INDOOR AIR QUALITY IN BUILDINGS 

7 WHERE SENIORS CONGREGATE. 

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

9 U.S.C. 3030m) is amended by adding at the end the fol10 lowing: 

11 ‘‘(c) The Assistant Secretary shall work in consulta12 tion with qualified experts to provide information on meth13 ods of improving indoor air quality in buildings where sen14 iors congregate.’’. 

15 SEC. 29. CAREGIVER SUPPORT PROGRAM DEFINITIONS. 

16 Section 372 of the National Family Caregiver Sup17 port Act (42 U.S.C. 3030s) is amended— 

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

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

20 (2) in paragraph (2) by inserting ‘‘or an indi21 vidual with Alzheimer’s disease or a related disorder 

22 with neurological and organic brain dysfunction’’ be23 fore the period at the end, and 

24 (3) in paragraph (3) by striking ‘‘60’’ and in25 serting ‘‘55’’. 


HMOORE on PROD1PC68 with HMBILLS
57 

HR 5293 RFS 

1 SEC. 30. CAREGIVER SUPPORT PROGRAM. 

2 Section 373 of the National Family Caregiver Sup3 port Act (42 U.S.C. 3030s–1) is amended— 

4 (1) in subsection (b)(3) by striking ‘‘caregivers 

5 to assist’’ and all that follows through the end and 

6 inserting the following: ‘‘assist the caregivers in ad7 dressing 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 

14 subpart, each area agency on aging shall encourage the 

15 use of trained volunteers to expand the available services 

16 described in subsection (b) and shall, if possible, coordi17 nate with volunteer programs (including programs admin18 istered by the Corporation for National Service) designed 

19 to provide training, placement, and stipends for volunteers 

20 in community service settings.’’, 

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

22 the following: ‘‘The reports shall describe any mech23 anisms used in the State to provide family caregivers 

24 of an older individual and relative caregivers of a 

25 child or an adult child with a disability, information 

26 about and access to various services so that careVerDate Aug 31 2005 04:25 Jun 23, 2006 Jkt 049200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\H5293.RFS H5293

HMOORE on PROD1PC68 with HMBILLS
58 

HR 5293 RFS 

1 givers can better carry out their care responsibil2 ities.’’, 

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

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

5 2010, and 2011’’, and 

6 (5) in subsection (g)(2)(C) by inserting ‘‘of a 

7 child who is not more than 18 years of age’’ before 

8 the period at the end. 

9 SEC. 31. ACTIVITIES OF NATIONAL SIGNIFICANCE. 

10 Section 376 of the National Family Caregiver Sup11 port Act (42 U.S.C. 3030s–12) is repealed. 

12 SEC. 32. TITLE IV GRANT PROGRAMS. 

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

14 U.S.C. 3032) is amended— 

15 (1) in subsection (a)— 

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

17 the end, 

18 (B) by redesignating paragraph (9) as 

19 paragraph (13), and 

20 (C) by inserting after paragraph (8) the 

21 following: 

22 ‘‘(9) planning activities to prepare communities 

23 for the aging of the population, which include— 

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


HMOORE on PROD1PC68 with HMBILLS
59 

HR 5293 RFS 

1 ‘‘(B) activities to coordinate State and 

2 local agencies in order to meet the needs of 

3 older individuals; and 

4 ‘‘(C) training and technical assistance to 

5 support States, area agencies on aging, and 

6 tribal organizations receiving a grant under title 

7 VI, engage in community planning activities; 

8 and 

9 ‘‘(10) the development, implementation, and as10 sessment of technology-based service models and 

11 best practices, to support the use of health moni12 toring and assessment technologies, communication 

13 devices, assistive technologies, and other technologies 

14 that may remotely connect family and professional 

15 caregivers to frail elderly residing in home- and com16 munity-based settings or rural areas; 

17 ‘‘(11) conducting activities of national signifi18 cance to promote quality and continuous improve19 ment in the support provided to family and other in20 formal caregivers of older individuals through activi21 ties that include program evaluation, training, tech22 nical assistance, and research, including— 

23 ‘‘(A) intergenerational programs— 

24 ‘‘(i) providing support to grand25 parents and other older relatives raising 


HMOORE on PROD1PC68 with HMBILLS
60 

HR 5293 RFS 

1 children (such as kinship navigator pro2 grams); and 

3 ‘‘(ii) involving senior volunteers who 

4 provide support and information to fami5 lies who have a child with a disability or 

6 chronic illness, or other families in need of 

7 such family support; 

8 ‘‘(B) programs addressing unique issues 

9 faced by rural caregivers; 

10 ‘‘(C) programs focusing on the needs of 

11 older individuals with cognitive impairment 

12 such as Alzheimer’s disease and other demen13 tias, and their caregivers; 

14 ‘‘(D) programs supporting caregivers in 

15 the role they play in health promotion and dis16 ease prevention; 

17 ‘‘(12)(A) building public awareness of cognitive 

18 impairment such as Alzheimer’s disease and related 

19 disorders with neurological and organic brain dys20 function, depression, and mental disorders; and 

21 ‘‘(B) developing and enhancing multidisci22 plinary systems for the delivery of mental health 

23 screening and treatment referral services to improve 

24 access to community-based mental health services 

25 for older individuals; and’’, and 


HMOORE on PROD1PC68 with HMBILLS
61 

HR 5293 RFS 

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

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

3 2007, 2008, 2009, 2010, and 2011’’. 

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

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

6 (42 U.S.C. 3032a(a)) is amended by amending subsection 

7 (a) to read as follows: 

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

9 grants to institutions of higher education, including his10 torically Black colleges or universities, Hispanic serving 

11 institutions, and Hispanic Centers of Excellence in Ap12 plied Gerontology, to provide education and training that 

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

14 SEC. 34. HEALTH CARE SERVICE DEMONSTRATION 

15 PROJECTS IN RURAL AREAS. 

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

17 U.S.C. 3032d) is amended— 

18 (1) in subsection (a) by inserting ‘‘mental 

19 health services,’’ after ‘‘care,’’, and 

20 (2) in subsection (b)(1)(B)(i) by inserting 

21 ‘‘mental health,’’ after ‘‘health,’’. 

22 SEC. 35. DEMONSTRATION PROJECTS FOR 

23 MULTIGENERATIONAL ACTIVITIES. 

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

25 1965 (42 U.S.C. 3032f(c)(2)) is amended by striking 


HMOORE on PROD1PC68 with HMBILLS
62 

HR 5293 RFS 

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

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

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

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

7 SEC. 36. NATIVE AMERICAN PROGRAMS. 

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

9 of 1965 (42 U.S.C. 3032g(a)(2)(B)(i)) is amended by in10 serting ‘‘(including mental health)’’ after ‘‘problems’’. 

11 SEC. 37. MULTIDISCIPLINARY CENTERS. 

12 Section 419 of the Older Americans Act of 1995 (42 

13 U.S.C. 3032h) is amended— 

14 (1) in subsection (a) by inserting ‘‘diverse popu15 lations of older individuals residing in urban commu16 nities,’’ after ‘‘minority populations,’’, and 

17 (2) in subsection (b)(2)— 

18 (A) in subparagraph (E) by inserting ‘‘, in19 cluding information about best practices in 

20 long-term care service delivery, housing, and 

21 transportation’’ before the semicolon at the end, 

22 (B) in subparagraph (F)— 

23 (i) by striking ‘‘consultation and’’, 

24 (ii) by inserting ‘‘and other technical 

25 assistance’’ after ‘‘information’’, and 


HMOORE on PROD1PC68 with HMBILLS
63 

HR 5293 RFS 

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

2 (C) in subparagraph (G) by striking the 

3 period at the end and inserting ‘‘; and’’, and 

4 (D) by adding at the end the following: 

5 ‘‘(H) provide training and technical 

6 assistance to support the provision of com7 munity-based mental health services for 

8 older individuals.’’. 

9 SEC. 38. RESPONSIBILITIES OF ASSISTANT SECRETARY. 

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

11 1965 (42 U.S.C. 3033a(c)(2)(B)) is amended by inserting 

12 ‘‘, including preparing an analysis of such services, 

13 projects, and programs, and of how the evaluation relates 

14 to improvements in such services, projects, and programs 

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

16 the period at the end. 

17 SEC. 39. COMMUNITY SERVICE EMPLOYMENT-BASED 

18 TRAINING FOR OLDER AMERICANS. 

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

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


HMOORE on PROD1PC68 with HMBILLS
64 

HR 5293 RFS 

1 ‘‘TITLE V—COMMUNITY SERVICE 

2 EMPLOYMENT-BASED TRAIN3 ING FOR OLDER AMERICANS 

4 ‘‘SEC. 501. SHORT TITLE. 

5 ‘‘This title may be cited as the ‘Older American Com6 munity Service Employment-Based Training Act’. 

7 ‘‘SEC. 502. OLDER AMERICAN COMMUNITY SERVICE EM8 PLOYMENT-BASED TRAINING PROGRAM. 

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

10 and to increase the number of individuals who may enjoy 

11 the benefits of unsubsidized employment in both the public 

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

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

14 older American community service employment-based 

15 training program to foster and promote useful part-time 

16 public and private-sector employment-based training op17 portunities for unemployed low-income eligible individuals 

18 who have poor employment prospects and to provide vital 

19 social and human services to communities by providing 

20 work experience to eligible individuals in public agencies, 

21 community-based and faith-based organizations. 

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

23 make grants to public and nonprofit agencies and organi24 zations, agencies of a State, and tribal organizations to 

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


HMOORE on PROD1PC68 with HMBILLS
65 

HR 5293 RFS 

1 Such grants may provide for the payment of costs, as pro2 vided in subsection (c), of projects developed by such orga3 nizations and agencies in cooperation with the Secretary 

4 in order to make such program effective or to supplement 

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

6 toward the cost of any project established or administered 

7 by any organization or agency unless the Secretary deter8 mines that such project— 

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

10 eligible individuals, and that not less than 50 per11 cent of hours worked (in the aggregate) shall be in 

12 community service employment-based training pro13 vided by a grantee in a program year; 

14 ‘‘(B)(i) shall provide authorized activities for el15 igible individuals in the community in which such in16 dividuals reside, or in nearby communities, and that 

17 not less than 50 percent of hours worked (in the ag18 gregate) shall be in community service employment19 based training provided by a grantee in a program 

20 year; or 

21 ‘‘(ii) if such project is carried out by a tribal or22 ganization that receives a grant under this sub23 section or receives assistance from a State that re24 ceives a grant under this subsection, will provide au25 thorized activities, including community service emVerDate Aug 31 2005 04:25 Jun 23, 2006 Jkt 049200 PO 00000 Frm 00065 Fmt 6652 Sfmt 6201 E:\BILLS\H5293.RFS H5293

HMOORE on PROD1PC68 with HMBILLS
66 

HR 5293 RFS 

1 ployment-based training for such individuals, includ2 ing those who are Indians residing on an Indian res3 ervation, as defined in section 2601(2) of the En4 ergy Policy Act of 1992 (25 U.S.C. 3501(2)); 

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

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

7 will not provide for participation under this title by 

8 eligible individuals (in the aggregate) for an average 

9 period per capita that exceeds 24 months (whether 

10 or not consecutive) during the period including the 

11 program year for which the determination under this 

12 subparagraph is made and the previous program 

13 years in which such grantee carried out projects 

14 under this title; 

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

16 eligible individuals in service related to publicly 

17 owned and operated facilities and projects, or 

18 projects sponsored by profitmaking or nonprofit or19 ganizations (excluding political parties exempt from 

20 taxation under section 501(c)(3) of the Internal Rev21 enue Code of 1986), but excluding projects involving 

22 the construction, operation, or maintenance of any 

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

24 religious instruction or worship; 


HMOORE on PROD1PC68 with HMBILLS
67 

HR 5293 RFS 

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

2 the community, which may include support for chil3 dren, youth, and families; 

4 ‘‘(F) is intended to result in unsubsidized em5 ployment for eligible individuals after completion of 

6 such program; 

7 ‘‘(G)(i) will not reduce the number of job oppor8 tunities or vacancies that would otherwise be avail9 able to individuals not participating in such pro10 gram; 

11 ‘‘(ii) will not displace currently employed work12 ers (including partial displacement, such as a reduc13 tion in the hours of non-overtime work, wages, or 

14 employment benefits); 

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

16 in the substitution of Federal funds for other funds 

17 in connection with work that would otherwise be per18 formed; and 

19 ‘‘(iv) will not place an eligible individual in em20 ployment-based training to perform work the same 

21 or substantially the same work as that performed by 

22 any other individual who is on layoff; 

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

24 services provided under title I of the Workforce In25 vestment Act, including utilizing the One-Stop delivVerDate Aug 31 2005 04:25 Jun 23, 2006 Jkt 049200 PO 00000 Frm 00067 Fmt 6652 Sfmt 6201 E:\BILLS\H5293.RFS H5293

HMOORE on PROD1PC68 with HMBILLS
68 

HR 5293 RFS 

1 ery system to recruit eligible individuals to ensure 

2 that the maximum number of eligible individuals will 

3 have an opportunity to participate in the project; 

4 ‘‘(I) will include such training (such as commu5 nity service employment-based training, work experi6 ence, on-the-job training, and classroom training) as 

7 may be necessary to make the most effective use of 

8 the skills and talents of those individuals who are 

9 participating; 

10 ‘‘(J) will ensure that safe and healthy condi11 tions of the employment-based training facility or 

12 other training facility will be provided, and will en13 sure that individuals employed in community service 

14 and other jobs assisted under this title shall be paid 

15 wages that shall not be lower than whichever is the 

16 highest of— 

17 ‘‘(i) the minimum wage that would be ap18 plicable to the employee under the Fair Labor 

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

20 such Act applied to the participant and if the 

21 participant were not exempt under section 13 

22 thereof; 

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

24 the most nearly comparable covered employ25 ment; or 


HMOORE on PROD1PC68 with HMBILLS
69 

HR 5293 RFS 

1 ‘‘(iii) the prevailing rates of pay for indi2 viduals employed in similar occupations by the 

3 same employer; 

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

5 the advice of persons competent in the field of serv6 ice in which job training is being provided, and of 

7 persons who are knowledgeable about the needs of 

8 older individuals; 

9 ‘‘(L) will authorize payment for necessary sup10 portive services costs, (including transportation 

11 costs) of eligible individuals that may be incurred in 

12 training in any project funded under this title, in ac13 cordance with rules issued by the Secretary; 

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

15 such project will serve the needs of minority, limited 

16 English-speaking, and Indian eligible individuals, 

17 and eligible individuals who have the greatest eco18 nomic need, at least in proportion to their numbers 

19 in the State and take into consideration their rates 

20 of poverty and unemployment; 

21 ‘‘(N)(i) will prepare an assessment of the par22 ticipants’ skills and talents and their needs for serv23 ices, except to the extent such project has, for the 

24 participant involved, recently prepared an assess25 ment of such skills and talents, and such needs, purVerDate Aug 31 2005 04:25 Jun 23, 2006 Jkt 049200 PO 00000 Frm 00069 Fmt 6652 Sfmt 6201 E:\BILLS\H5293.RFS H5293

HMOORE on PROD1PC68 with HMBILLS
70 

HR 5293 RFS 

1 suant to another employment or training program 

2 (such as a program under the Workforce Investment 

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

4 Perkins Vocational and Technical Education Act of 

5 1998 (20 U.S.C. 2301 et seq.), or part A of title IV 

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

7 ‘‘(ii) will provide training and employment 

8 counseling to eligible individuals based on strategies 

9 that identify appropriate employment objectives and 

10 the need for supportive services, developed as a re11 sult of the assessment and service strategy provided 

12 for in clause (i), and provide other appropriate infor13 mation regarding such program; and 

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

15 their progress in meeting such objectives and satis16 fying their need for supportive services; 

17 ‘‘(O) will provide appropriate services for par18 ticipants through the One-Stop delivery system as 

19 established under section 134(c) of the Workforce 

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

21 will be involved in the planning and operations of 

22 such system pursuant to a memorandum of under23 standing with the local workforce investment board 

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

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


HMOORE on PROD1PC68 with HMBILLS
71 

HR 5293 RFS 

1 ‘‘(P) will post in such project workplace a no2 tice, and will make available to each person associ3 ated with such project a written explanation— 

4 ‘‘(i) clarifying the law with respect to polit5 ical activities allowable and unallowable under 

6 chapter 15 of title 5, United States Code, appli7 cable to the project and to each category of in8 dividuals associated with such project; and 

9 ‘‘(ii) containing the address and telephone 

10 number of the Inspector General of the Depart11 ment of Labor, to whom questions regarding 

12 the application of such chapter may be ad13 dressed; 

14 ‘‘(Q) will provide to the Secretary the descrip15 tion and information described in— 

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

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

18 of the Workforce and Investment Act of 1998; 

19 and 

20 ‘‘(ii) paragraph (14), relating to implemen21 tation of One-Stop delivery systems, of section 

22 112(b) of the Workforce Investment Act of 

23 1998; and 

24 ‘‘(R) will ensure that entities that carry out ac25 tivities under the project (including State agencies, 


HMOORE on PROD1PC68 with HMBILLS
72 

HR 5293 RFS 

1 local entities, subgrantees, subcontractors) and affili2 ates of such entities receive an amount of the admin3 istrative cost allocation determined by the Secretary 

4 to be sufficient. 

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

6 such regulations as may be necessary to effectively carry 

7 out this title. 

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

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

10 shall satisfy any condition for an assessment and service 

11 strategy or individual employment plan for an adult par12 ticipant under subtitle B of title I of the Workforce Invest13 ment Act of 1998 (29 U.S.C. 2811 et seq.), in order to 

14 determine whether such eligible individual also qualifies 

15 for intensive or training services described in section 

16 134(d) of such Act (29 U.S.C. 2864(d)). 

17 ‘‘(B) An assessment and service strategy or indi18 vidual employment plan prepared under subtitle B of title 

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

20 2811 et seq.) for an eligible individual may be used to 

21 comply with the requirement specified in subparagraph 

22 (A). 

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

24 90 percent of the cost of any project for which a grant 


HMOORE on PROD1PC68 with HMBILLS
73 

HR 5293 RFS 

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

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

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

4 ‘‘(B) a project located in an economically de5 pressed area, as determined by the Secretary in con6 sultation with the Secretary of Commerce and the 

7 Secretary of Health and Human Services. 

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

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

10 the Secretary may attribute fair market value to services 

11 and facilities contributed from non-Federal sources. 

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

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

14 shall be available for any fiscal year to pay the administra15 tive costs of such project, except that— 

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

17 available to pay administrative costs to an amount 

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

19 if the Secretary determines, based on information 

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

21 such increase is necessary to carry out such project; 

22 and 

23 ‘‘(B) if the grantee under subsection (b) dem24 onstrates to the Secretary that— 


HMOORE on PROD1PC68 with HMBILLS
74 

HR 5293 RFS 

1 ‘‘(i) major administrative cost increases 

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

4 for workers’ compensation, costs associated 

5 with achieving unsubsidized placement goals, 

6 and other operation requirements imposed by 

7 the Secretary; 

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 per22 sonnel and non-personnel and both direct and indirect, as23 sociated with the following: 


HMOORE on PROD1PC68 with HMBILLS
75 

HR 5293 RFS 

1 ‘‘(A) The costs of performing general adminis2 trative functions and of providing for the coordina3 tion 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 

11 personnel administration, administration of af12 firmative action plans, and training and staff 

13 development; 

14 ‘‘(vii) administrative salaries, including 

15 clerical and other support staff salaries; 

16 ‘‘(viii) payroll functions; 

17 ‘‘(ix) coordinating the resolution of find18 ings arising from audits, reviews, investigations, 

19 and 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 


HMOORE on PROD1PC68 with HMBILLS
76 

HR 5293 RFS 

1 ‘‘(xiv) other activities necessary for the 

2 general administration of government funds and 

3 associated programs. 

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

5 monitoring responsibilities. 

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

7 for administrative functions of such program, includ8 ing goods and services such as rental or purchase of 

9 equipment, utilities, office supplies, postage, and 

10 rental 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 

15 to personnel, procurement, purchasing, property 

16 management, accounting, and payroll systems), in17 cluding the purchase, systems development, and op18 erating 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 


HMOORE on PROD1PC68 with HMBILLS
77 

HR 5293 RFS 

1 of the expenses described in paragraph (4) from non-Fed2 eral 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 

6 activities, 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 

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

13 an accumulated sick leave program, except that no 

14 amounts provided under this title may be used to 

15 pay the cost of pension benefits, annual leave, accu16 mulated 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 subse21 quent to placement and which may be provided on 

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

23 appropriate arrangements; 

24 ‘‘(iii) job placement assistance, including job de25 velopment and job search assistance; 


HMOORE on PROD1PC68 with HMBILLS
78 

HR 5293 RFS 

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 

8 services; and 

9 ‘‘(v) outreach, recruitment, and selection, in10 take, orientation, and assessments. 

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

12 available under a grant made under this title (excluding 

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

14 wages and benefits for eligible individuals who are em15 ployed under 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, 

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

20 developing and implementing techniques and approaches, 

21 and demonstrating the effectiveness of the specialized 

22 methods, in addressing the employment and training 

23 needs of eligible individuals. Such projects may include— 

24 ‘‘(1) activities linking businesses and eligible in25 dividuals, including assistance to participants 


HMOORE on PROD1PC68 with HMBILLS
79 

HR 5293 RFS 

1 transitioning from subsidized activities to private2 sector 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 

8 eligible 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 eli12 gible individuals; and 

13 ‘‘(D) provide incentives to grantees under 

14 this title for exemplary performance and incen15 tives to businesses to promote their participa16 tion in the program under this title; 

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

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

19 if such demonstration projects and pilot projects are 

20 designed to assist in developing and implementing 

21 techniques and approaches in addressing the employ22 ment and training needs of eligible individuals; 

23 ‘‘(4) training and technical assistance to sup24 port any project funded under this title; 

25 ‘‘(5) dissemination of best practices; and 


HMOORE on PROD1PC68 with HMBILLS
80 

HR 5293 RFS 

1 ‘‘(6) evaluation of the activities authorized 

2 under 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 

8 of the State shall submit to the Secretary for consid9 eration and approval, a single State plan (referred to 

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

11 year strategy for the statewide provision of training 

12 and related activities for eligible individuals under 

13 this title. The plan shall contain such provisions as 

14 the Secretary may require, consistent with this title, 

15 including a description of the process used to ensure 

16 the participation of individuals described in para17 graph (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 


HMOORE on PROD1PC68 with HMBILLS
81 

HR 5293 RFS 

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 

7 the State; and 

8 ‘‘(C) individuals representing social service 

9 organizations providing services to older individ10 uals, grantees under title III of this Act, af11 fected communities, unemployed older individ12 uals, community-based organizations serving 

13 the needs of older individuals, business organi14 zations, and 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 

23 eligible individuals in each area bears to the 

24 total number of eligible individuals, respectively, 

25 in the State; 


HMOORE on PROD1PC68 with HMBILLS
82 

HR 5293 RFS 

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 indi11 viduals with greatest social need; 

12 ‘‘(D) the current and projected employ13 ment opportunities in the State, by occupation, 

14 and the type of skills possessed by local eligible 

15 individuals; 

16 ‘‘(E) the localities and populations for 

17 which projects of the type authorized by this 

18 title 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 

23 of 1998. 

24 ‘‘(5) CHIEF EXECUTIVE OFFICER’S REC25 OMMENDATIONS ON GRANT PROPOSALS.—Before a 


HMOORE on PROD1PC68 with HMBILLS
83 

HR 5293 RFS 

1 proposal for a grant under this title for any fiscal 

2 year is submitted to the Secretary, the chief execu3 tive officer of each State in which projects are pro4 posed to be conducted under such grant shall be af5 forded a reasonable opportunity to submit rec6 ommendations to the Secretary— 

7 ‘‘(A) regarding the anticipated effect of 

8 each such proposal upon the overall distribution 

9 of enrollment positions under this title in the 

10 State (including such distribution among urban 

11 and rural areas), taking into account the total 

12 number of positions to be provided by all grant13 ees in the State; 

14 ‘‘(B) any recommendations for redistribu15 tion of positions to under served areas as va16 cancies occur in previously encumbered posi17 tions in 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, 


HMOORE on PROD1PC68 with HMBILLS
84 

HR 5293 RFS 

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. 

8 The Secretary, in consultation with the Assist9 ant Secretary, shall review the plan and make 

10 a written determination with findings and a de11 cision 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 

17 title in the State including the distribution be18 tween urban and rural areas in the State. For 

19 each proposed reallocation of projects or serv20 ices in a State, the Secretary shall give notice 

21 and opportunity for public comment. 

22 ‘‘(8) EXEMPTION.—The grantees that serve eli23 gible individuals who are older Indians with funds 

24 reserved under section 506(a)(3) may not be re25 quired to participate in the State planning processes 


HMOORE on PROD1PC68 with HMBILLS
85 

HR 5293 RFS 

1 described in this section but will collaborate with the 

2 Secretary to develop a plan for projects and services 

3 to eligible 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, 

14 the Community Services Block Grant Act, the Reha15 bilitation Act of 1973, the Carl D. Perkins Voca16 tional and Technical Education Act of 1998 (20 

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

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

19 the Domestic Volunteer Service Act of 1973 (42 

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

21 the administration of this title with the administra22 tion of other titles of this Act by the Assistant Sec23 retary to increase the likelihood that eligible individ24 uals for whom employment opportunities under this 

25 title are available and who need services under such 


HMOORE on PROD1PC68 with HMBILLS
86 

HR 5293 RFS 

1 titles receive such services. Funds appropriated to 

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

3 program under the Workforce Investment Act of 

4 1998, the Community Services Block Grant Act, the 

5 Rehabilitation Act of 1973, the Carl D. Perkins Vo6 cational and Technical Education Act of 1998, the 

7 National and Community Service Act of 1990, or 

8 the Domestic Volunteer Service Act of 1973. The 

9 preceding sentence shall not be construed to prohibit 

10 carrying out projects under this title jointly with 

11 programs, projects, or activities under any Act speci12 fied in such sentence, or from carrying out section 

13 512. 

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

15 under this title, for distribution to program partici16 pants, and at no cost to grantees or participants, in17 formational materials developed and supplied by the 

18 Equal Employment Opportunity Commission and 

19 other appropriate Federal agencies that the Sec20 retary determines are designed to help participants 

21 identify age discrimination and to understand their 

22 rights under the Age Discrimination in Employment 

23 Act of 1967. 

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

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


HMOORE on PROD1PC68 with HMBILLS
87 

HR 5293 RFS 

1 facilities of Federal and other agencies with or without 

2 reimbursement, and on a similar basis to cooperate with 

3 other public and private agencies and instrumentalities in 

4 the use of services, equipment, and facilities. 

5 ‘‘(d) Payments under this title may be made in ad6 vance or by way of reimbursement and in such install7 ments as the Secretary may determine. 

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

9 the Secretary under this title to any other Federal officer 

10 or entity. 

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

12 which grants are made under this title to determine 

13 whether the grantees are complying with rules and regula14 tions issued to carry out this title (including the statewide 

15 planning, consultation, and coordination requirements of 

16 this title). 

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

18 shall comply with the applicable uniform cost principles 

19 and appropriate administrative requirements for grants 

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

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

22 of Management and Budget. 

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

24 prepare and submit a report in such manner and conVerDate Aug 31 2005 04:25 Jun 23, 2006 Jkt 049200 PO 00000 Frm 00087 Fmt 6652 Sfmt 6201 E:\BILLS\H5293.RFS H5293

HMOORE on PROD1PC68 with HMBILLS
88 

HR 5293 RFS 

1 taining such information as the Secretary may require re2 garding activities carried out under this title. 

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

4 keep records that— 

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

6 reports required by this title; 

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

8 funds to a level of expenditure adequate to ensure 

9 that the funds have not been spent unlawfully; and 

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

11 Secretary determines to be appropriate. 

12 ‘‘(g) The Secretary shall establish by rule and imple13 ment a process to evaluate, in accordance with section 

14 513, the performance of projects and services carried out 

15 under this title. The Secretary shall report to the Con16 gress, and make available to the public, the results of each 

17 such evaluation and shall use such evaluation to improve 

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

19 out under this title. 

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

21 ‘‘(a) Eligible individuals who are participants in au22 thorized activities in any project funded under this title 

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

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

25 of title 5, United States Code. 


HMOORE on PROD1PC68 with HMBILLS
89 

HR 5293 RFS 

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

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

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

4 from operation of the State workers’ compensation law, 

5 generally applicable to employees unless the entity shall 

6 undertake to provide either through insurance by a recog7 nized carrier or by self-insurance, as authorized by State 

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

9 subgrant, or subcontract shall enjoy workers’ compensa10 tion coverage equal to that provided by law for covered 

11 employment. 

12 ‘‘SEC. 505. INTERAGENCY COOPERATION. 

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

14 written views of the Assistant Secretary before issuing 

15 rules and before establishing general policy in the adminis16 tration of this title. 

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

18 the Director of the Office of Community Services, the Sec19 retary of Health and Human Services, and the heads of 

20 other Federal agencies that carry out related programs, 

21 in order to achieve optimal coordination with such other 

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

23 promote programs or projects of a similar nature. Each 

24 Federal agency shall cooperate with the Secretary in dis25 seminating information relating to the availability of asVerDate Aug 31 2005 04:25 Jun 23, 2006 Jkt 049200 PO 00000 Frm 00089 Fmt 6652 Sfmt 6201 E:\BILLS\H5293.RFS H5293

HMOORE on PROD1PC68 with HMBILLS
90 

HR 5293 RFS 

1 sistance under this title and in promoting the identifica2 tion and interests of individuals eligible for employment 

3 in projects assisted under this title. 

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

5 carrying out projects under this title jointly with pro6 grams, projects, or activities carried out under other Acts, 

7 especially activities provided under the Workforce Invest8 ment Act of 1998 (29 U.S.C. 2801 et seq.), including ac9 tivities provided through One-Stop delivery systems estab10 lished under section 134(c)) of such Act (29 U.S.C. 

11 2864(c)), that provide training and employment opportu12 nities to eligible individuals. 

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

14 of Education to promote and coordinate carrying out 

15 projects under this title jointly with workforce investment 

16 activities in which eligible individuals may participate that 

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

18 Technical Education Act of 1998. 

19 ‘‘SEC. 506. DISTRIBUTION OF ASSISTANCE. 

20 ‘‘(a) RESERVATIONS.— 

21 ‘‘(1) RESERVATION FOR NATIONAL ACTIVI22 TIES.—Of the funds appropriated to carry out this 

23 title for each fiscal year, the Secretary may first re24 serve up to 1.5 percent to carry out demonstration 


HMOORE on PROD1PC68 with HMBILLS
91 

HR 5293 RFS 

1 projects, pilot projects, and evaluation projects 

2 under section 502(d). 

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

4 funds appropriated to carry out this title for each 

5 fiscal year, the Secretary shall reserve up to 0.75 

6 percent, of which— 

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

8 United States Virgin Islands shall each receive 

9 30 percent of the funds so reserved; and 

10 ‘‘(B) the Commonwealth of the Northern 

11 Mariana Islands shall receive 10 percent of the 

12 funds so reserved. 

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

14 the funds appropriated to carry out this title for 

15 each fiscal year, the Secretary shall reserve such 

16 amount as may be necessary to make national 

17 grants to public or nonprofit national Indian aging 

18 organizations with the ability to provide authorized 

19 activities for eligible individuals who are Indians and 

20 to national public or nonprofit Pacific Island and 

21 Asian American aging organizations with the ability 

22 to provide authorized activities for eligible individ23 uals who are Pacific Island and Asian Americans. 

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

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


HMOORE on PROD1PC68 with HMBILLS
92 

HR 5293 RFS 

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

2 grant to such State under subsection (e). 

3 ‘‘(c) DIVISION BETWEEN NATIONAL GRANTS AND

4 GRANTS TO STATES.—The funds appropriated to carry 

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

6 are reserved under paragraphs (1), (2), and (3) of sub7 section (a), shall be divided by the Secretary between na8 tional grants and grants to States as follows: 

9 ‘‘(1) RESERVATION OF FUNDS FOR FISCAL

10 YEAR 2006 LEVEL OF ACTIVITIES.— 

11 ‘‘(A) The Secretary shall reserve the 

12 amount of funds necessary to maintain the fis13 cal year 2006 level of activities supported by 

14 grantees that operate under this title under na15 tional grants from the Secretary, and the fiscal 

16 year 2006 level of activities supported by State 

17 grantees under this title, in proportion to their 

18 respective fiscal year 2006 levels of activities. 

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

20 funds appropriated to carry out this title are in21 sufficient to satisfy the requirement specified in 

22 subparagraph (A), then the amount described 

23 in subparagraph (A) shall be reduced propor24 tionally. 


HMOORE on PROD1PC68 with HMBILLS
93 

HR 5293 RFS 

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

2 LEVEL OF ACTIVITIES.— 

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

4 funds remaining after the application of para5 graph (1), but not to exceed $35,000,000, shall 

6 be divided so that 75 percent shall be provided 

7 to State grantees and 25 percent shall be pro8 vided to grantees that operate under this title 

9 under national grants from the Secretary. 

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

11 funds remaining (if any) after the application of 

12 subparagraph (A) shall be divided so that 50 

13 percent shall be provided to State grantees and 

14 50 percent shall be provided to grantees that 

15 operate under this title under national grants 

16 from the Secretary. 

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

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

19 the Secretary shall allot for public and nonprofit private 

20 agency and organization grantees that operate under this 

21 title under national grants from the Secretary in each 

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

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

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


HMOORE on PROD1PC68 with HMBILLS
94 

HR 5293 RFS 

1 such State bears to the sum of the corresponding products 

2 for all States, except as follows: 

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

4 provided an amount under this subsection that is 

less than 1 5 ⁄2 of 1 percent of the amount provided 

6 under subsection (c) for public and nonprofit private 

7 agency and organization grantees that operate under 

8 this title under national grants from the Secretary 

9 in all of the States. 

10 ‘‘(2) HOLD HARMLESS.—If the amount pro11 vided under subsection (c) is— 

12 ‘‘(A) equal to or less than the amount nec13 essary to maintain the fiscal year 2006 level of 

14 activities, allotments for grantees that operate 

15 under this title under national grants from the 

16 Secretary in each State shall be proportional to 

17 their fiscal year 2006 level of activities; or 

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

19 maintain the fiscal year 2006 level of activities, 

20 no State shall be provided a percentage increase 

21 above the fiscal year 2006 level of activities for 

22 grantees that operate under this title under na23 tional grants from the Secretary in the State 

24 that is less than 30 percent of such percentage 

25 increase above the fiscal year 2006 level of acVerDate Aug 31 2005 04:25 Jun 23, 2006 Jkt 049200 PO 00000 Frm 00094 Fmt 6652 Sfmt 6201 E:\BILLS\H5293.RFS H5293

HMOORE on PROD1PC68 with HMBILLS
95 

HR 5293 RFS 

1 tivities for public and nonprofit private agency 

2 and organization grantees that operate under 

3 this title under national grants from the Sec4 retary in all of the States. 

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

6 affected by paragraphs (1) and (2)(B) of this sub7 section shall be reduced proportionally to satisfy the 

8 conditions in such paragraphs. 

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

10 the amount provided for grants to States under subsection 

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

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

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

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

15 such State bears to the sum of the corresponding product 

16 for all States, except as follows: 

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

18 provided an amount under this subsection that is 

less than 1 19 ⁄2 of 1 percent of the amount provided 

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

21 States. 

22 ‘‘(2) HOLD HARMLESS.—If the amount pro23 vided under subsection (c) is— 

24 ‘‘(A) equal to or less than the amount nec25 essary to maintain the fiscal year 2006 level of 


HMOORE on PROD1PC68 with HMBILLS
96 

HR 5293 RFS 

1 activities, allotments for State grantees in each 

2 State shall be proportional to their fiscal year 

3 2006 level of activities; or 

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

5 maintain the fiscal year 2006 level of activities, 

6 no State shall be provided a percentage increase 

7 above the fiscal year 2006 level of activities for 

8 State grantees in the State that is less than 30 

9 percent of such percentage increase above the 

10 fiscal year 2006 level of activities for State 

11 grantees in all of the States. 

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

13 affected by paragraphs (1) and (2)(B) of this sub14 section shall be reduced proportionally to satisfy the 

15 conditions in such paragraphs. 

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

17 subsections (d) and (e)— 

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

19 shall be 100 percent less that percentage that bears 

20 the same ratio to 50 percent as the per capita in21 come of such State bears to the per capita income 

22 of the United States, except that— 

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

24 more than 75 percent and not less than 33 per25 cent; and 


HMOORE on PROD1PC68 with HMBILLS
97 

HR 5293 RFS 

1 ‘‘(B) the allotment percentage for the Dis2 trict of Columbia and the Commonwealth of 

3 Puerto Rico shall be 75 percent; 

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

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

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

7 be determined by the Secretary on the basis of the 

8 most satisfactory data available to the Secretary; 

9 and 

10 ‘‘(3) for the purpose of determining the allot11 ment percentage, the term ‘United States’ means 

12 the 50 States and the District of Columbia. 

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

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

15 term ‘cost per authorized position’ means the sum 

16 of— 

17 ‘‘(A) the hourly minimum wage rate speci18 fied in section 6(a)(1) of the Fair Labor Stand19 ards Act of 1938 (29 U.S.C. 206(a)(1)), multi20 plied by the number of hours equal to the prod21 uct of 21 hours and 52 weeks; 

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

23 amount specified under subparagraph (A), for 

24 the purpose of covering Federal payments for 

25 fringe benefits; and 


HMOORE on PROD1PC68 with HMBILLS
98 

HR 5293 RFS 

1 ‘‘(C) an amount determined by the Sec2 retary, for the purpose of covering Federal pay3 ments for the remainder of all other program 

4 and administrative costs. 

5 ‘‘(2) FISCAL YEAR 2006 LEVEL OF ACTIVI6 TIES.—The term ‘fiscal year 2006 level of activities’ 

7 means— 

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

9 private agency and organization grantees that 

10 operate under this title under national grants 

11 from the Secretary, their level of activities for 

12 fiscal year 2006; and 

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

14 level of activities for fiscal year 2006. 

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

16 States’ means grants made under this title by the 

17 Secretary to the States. 

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

19 activities’ means the number of authorized positions 

20 multiplied by the cost per authorized position. 

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

22 grants’ means grants made under this title by the 

23 Secretary to public and nonprofit private agency and 

24 organization grantees that operate under this title 

25 under national grants from the Secretary. 


HMOORE on PROD1PC68 with HMBILLS
99 

HR 5293 RFS 

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

2 Guam, American Samoa, the Commonwealth of the 

3 Northern Mariana Islands, and the United States 

4 Virgin Islands. 

5 ‘‘SEC. 507. EQUITABLE DISTRIBUTION. 

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

7 under section 506, the Secretary shall ensure, to the ex8 tent feasible, an equitable distribution of activities under 

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

10 into account the needs of underserved States. 

11 ‘‘(b) INTRASTATE ALLOCATION.—The amount allo12 cated for projects within each State under section 506 

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

14 manner, taking into consideration the State priorities set 

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

16 ‘‘SEC. 508. REPORT. 

17 ‘‘To carry out the Secretary’s responsibilities for re18 porting in section 503(g), the Secretary shall require the 

19 State agency for each State that receives funds under this 

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

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

22 507(b). Such report shall include the names and geo23 graphic location of all projects assisted under this title and 

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

25 such project under section 506. 


HMOORE on PROD1PC68 with HMBILLS
100 

HR 5293 RFS 

1 ‘‘SEC. 509. EMPLOYMENT ASSISTANCE AND FEDERAL HOUS2 ING AND FOOD STAMP PROGRAMS. 

3 ‘‘Funds received by eligible individuals from projects 

4 carried out under the program established in this title 

5 shall not be considered to be income of such individuals 

6 for purposes of determining the eligibility of such individ7 uals, or of any other individuals, to participate in any 

8 housing program for which Federal funds may be available 

9 or for any income determination under the Food Stamp 

10 Act of 1977. 

11 ‘‘SEC. 510. ELIGIBILITY FOR WORKFORCE INVESTMENT AC12 TIVITIES. 

13 ‘‘Eligible individuals under this title may be consid14 ered by local workforce investment boards established 

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

16 satisfy the requirements for receiving services under such 

17 title I that are applicable to adults. 

18 ‘‘SEC. 511. TREATMENT OF ASSISTANCE. 

19 ‘‘Assistance provided under this title shall not be con20 sidered to be financial assistance described in section 

21 245A(h)(1)(A) of the Immigration and Nationality Act (8 

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

23 ‘‘SEC. 512. COORDINATION WITH THE WORKFORCE INVEST24 MENT ACT OF 1998. 

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

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


HMOORE on PROD1PC68 with HMBILLS
101 

HR 5293 RFS 

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

2 Act of 1998 (29 U.S.C. 2841(b)(1)) in the One-Stop deliv3 ery system established under section 134(c)) of such Act 

4 (29 U.S.C. 2864(c))) for the appropriate local workforce 

5 investment areas, and shall carry out the responsibilities 

6 relating to such partners. 

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

8 areas where more than 1 grantee under this title provides 

9 services, the grantees shall— 

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

11 One-Stop delivery system; and 

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

13 understanding established under section 121(c) of 

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

15 2841(c)). 

16 ‘‘SEC. 513. PERFORMANCE. 

17 ‘‘(a) MEASURES.— 

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

19 Secretary shall establish, in consultation with grant20 ees, subgrantees, and host agencies under this title, 

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

22 other organizations serving older individuals, per23 formance measures for each grantee for projects and 

24 services carried out under this title. 

25 ‘‘(2) CONTENT.— 


HMOORE on PROD1PC68 with HMBILLS
102 

HR 5293 RFS 

1 ‘‘(A) COMPOSITION OF MEASURES.—The 

2 performance measures established by the Sec3 retary in accordance with paragraph (1) shall 

4 consist of— 

5 ‘‘(i) core indicators of performance 

6 specified in subsection (b)(1) and the ex7 pected levels of performance applicable to 

8 each core indicator of performance, and 

9 ‘‘(ii) additional indicators of perform10 ance specified in subsection (b)(2). 

11 ‘‘(B) CONTINUOUS IMPROVEMENT.—The 

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

13 be designed to promote continuous improvement 

14 in performance. 

15 ‘‘(C) EXPECTED LEVELS OF PERFORM16 ANCE.—The Secretary and each grantee shall 

17 reach agreement on the expected levels of per18 formance for each program year for each of the 

19 core indicators of performance specified in sub20 section (b)(1). The agreement shall take into 

21 account the factors described in subparagraphs 

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

23 determined by the Secretary, and shall be con24 sistent with the requirements of subparagraph 


HMOORE on PROD1PC68 with HMBILLS
103 

HR 5293 RFS 

1 (E). Funds under the grant may not be award2 ed until such agreement is reached. 

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

4 of performance described in subparagraph (C) 

5 applicable to a grantee shall be adjusted after 

6 the agreement under subparagraph (C) has 

7 been reached only with respect to the following 

8 factors: 

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

10 poverty or welfare participation, in the 

11 areas served by a grantee, relative to other 

12 areas of the State or Nation. 

13 ‘‘(ii) Significant downturns in the 

14 areas served by the grantee or in the na15 tional economy. 

16 ‘‘(iii) Significant numbers or propor17 tions of participants with 1 or more bar18 riers to employment served by a grantee 

19 relative to grantees serving other areas of 

20 the State or Nation. 

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

22 local minimum wage requirements. 

23 ‘‘(E) PLACEMENT.— 

24 ‘‘(i) LEVEL OF PERFORMANCE.—For 

25 all grantees, the Secretary shall establish a 


HMOORE on PROD1PC68 with HMBILLS
104 

HR 5293 RFS 

1 level of performance of not less than the 

2 percentage specified in clause (ii) (adjusted 

3 in accordance with subparagraph (D)) for 

4 the entry into unsubsidized employment 

5 core indicator of performance described in 

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

7 a level of performance less than the per8 centage specified in such clause for the 

9 preceding fiscal year for which results are 

10 available before the enactment of the Sen11 ior Independence Act of 2006, the Sec12 retary shall provide technical assistance to 

13 assist such grantee to achieve the applica14 ble percentage specified in such clause. 

15 ‘‘(ii) REQUIRED PLACEMENT PER16 CENTAGES.—The minimum percentage for 

17 the entry into unsubsidized employment 

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

19 ‘‘(I) 22 percent in fiscal year 

20 2007; 

21 ‘‘(II) 24 percent in fiscal year 

22 2008; 

23 ‘‘(III) 26 percent in fiscal year 

24 2009; 


HMOORE on PROD1PC68 with HMBILLS
105 

HR 5293 RFS 

1 ‘‘(IV) 28 percent in fiscal year 

2 2010; and 

3 ‘‘(V) 30 percent in fiscal year 

4 2011. 

5 ‘‘(3) PERFORMANCE EVALUATION OF GRANT6 EES.—The Secretary shall annually establish na7 tional performance measures for each grantee under 

8 this title, which shall be applicable to the grantee 

9 without regard to whether such grantee operates 

10 such program directly or through contracts, grants, 

11 or agreements with other entities. The measures 

12 shall include the core indicators of performance and 

13 expected level of performance for each such indi14 cator, and the additional indicators of performance. 

15 In addition, the Secretary shall annually publish the 

16 actual performance of each grantee with respect 

17 to— 

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

19 core indicators of performance, compared to ex20 pected levels of performance under paragraph 

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

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

23 and 

24 ‘‘(B) the levels achieved for each of the ad25 ditional indicators of performance. 


HMOORE on PROD1PC68 with HMBILLS
106 

HR 5293 RFS 

1 ‘‘(4) LIMITATION.—An agreement to be evalu2 ated on the performance measures shall be a re3 quirement for application for, and a condition of, all 

4 grants authorized by this title. 

5 ‘‘(b) INDICATORS OF PERFORMANCE.— 

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

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

8 shall consist of— 

9 ‘‘(A) entry into unsubsidized employment; 

10 ‘‘(B) retention in unsubsidized employment 

11 for 6 months; 

12 ‘‘(C) earnings; and 

13 ‘‘(D) hours (in the aggregate) of commu14 nity service employment-based training pursu15 ant to subparagraphs (A) and (B)(I) of section 

16 502(b)(1). 

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

18 indicators of performance described in subsection 

19 (a)(2)(A)(ii) shall consist of— 

20 ‘‘(A) retention in unsubsidized employment 

21 for 1 year; 

22 ‘‘(B) the number of eligible individuals 

23 served, including the number of participating 

24 individuals described in section 516(2)(A)(ii), 

25 and 


HMOORE on PROD1PC68 with HMBILLS
107 

HR 5293 RFS 

1 ‘‘(C) any other indicators of performance 

2 that the Secretary determines to be appropriate 

3 to evaluate services and performance. 

4 ‘‘(c) DEFINITIONS OF INDICATORS.—The Secretary, 

5 after consultation with national and State grantees, rep6 resentatives of business and labor organizations, and pro7 viders of services, shall issue rules that define the indica8 tors of performance described in subsection (b). 

9 ‘‘(d) CORRECTIVE EFFORTS.— 

10 ‘‘(1) NATIONAL GRANTEES.— 

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

12 days after the end of each program year, the 

13 Secretary shall determine if a national grantee 

14 awarded a grant under section 514 has met the 

15 expected levels of performance established 

16 under subsection (a)(2)(c) (including any ad17 justments to such levels made in accordance 

18 with to subsection (a)(2)(D)) for the core indi19 cators of performance described in subsection 

20 (b)(1). 

21 ‘‘(B) TECHNICAL ASSISTANCE AND COR22 RECTIVE ACTION PLAN.— 

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

24 determines that a grantee fails to meet the 

25 expected levels of performance described in 


HMOORE on PROD1PC68 with HMBILLS
108 

HR 5293 RFS 

1 paragraph (1), the Secretary shall provide 

2 technical assistance and require such 

3 grantee to submit a corrective action plan 

4 not later than 160 days after the end of 

5 the program year. 

6 ‘‘(ii) CONTENT.—The plan submitted 

7 under subparagraph (A) shall detail the 

8 steps the grantee will take to meet the na9 tional performance measures in the next 

10 program year. 

11 ‘‘(2) STATE GRANTEES.— 

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

13 days after the end of the program year, the 

14 Secretary shall determine if a State grantee al15 lotted funds under section 506(e) has met the 

16 expected levels of performance established 

17 under subsection (a)(2)(C) (including any ad18 justments to such levels made in accordance 

19 with to subsection (a)(2)(D)) for the core indi20 cators of performance described in subsection 

21 (b)(1). 

22 ‘‘(B) TECHNICAL ASSISTANCE AND COR23 RECTIVE ACTION PLAN.—If a State fails to 

24 meet the levels of performance described in sub25 paragraph (A), the Secretary shall provide techVerDate Aug 31 2005 04:25 Jun 23, 2006 Jkt 049200 PO 00000 Frm 00108 Fmt 6652 Sfmt 6201 E:\BILLS\H5293.RFS H5293

HMOORE on PROD1PC68 with HMBILLS
109 

HR 5293 RFS 

1 nical assistance and require the State to submit 

2 a corrective action plan not later than 160 days 

3 after the end of the program year. 

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

5 subparagraph (B) shall detail the steps the 

6 State will take to meet the standards. 

7 ‘‘(D) FAILURE TO MEET PERFORMANCE

8 MEASURES FOR THE THIRD YEAR.—If the State 

9 fails to meet the levels of performance described 

10 in subparagraph (A) for a third consecutive 

11 program year, the Secretary shall provide for 

12 the conduct by the State of a competition to 

13 award the funds allocated to the State for the 

14 first full program year following the Secretary’s 

15 determination that the State has not met the 

16 performance measures. 

17 ‘‘SEC. 514. COMPETITIVE REQUIREMENTS RELATING TO 

18 GRANT AWARDS. 

19 ‘‘(a) PROGRAM AUTHORIZED.— 

20 ‘‘(1) INITIAL APPROVAL OF GRANT APPLICA21 TIONS.—From the funds available for national 

22 grants under section 506(d), the Secretary shall 

23 award grants to eligible applicants to carry out 

24 projects under this title for a period of 3 years 


HMOORE on PROD1PC68 with HMBILLS
110 

HR 5293 RFS 

1 through a competitive process except as provided in 

2 paragraph (2). 

3 ‘‘(2) CONTINUATION OF APPROVAL BASED ON

4 PERFORMANCE.—If the recipient of a grant made 

5 under paragraph (1) satisfies the requirements of 

6 section 513 during such 3-year period (and the suc7 ceeding 1-year period for which any grant is made 

8 under this paragraph) with respect to a project, the 

9 Secretary may award grants to such recipient to 

10 continue such project beyond such 3-year period for 

11 not to exceed 2 successive 1-year periods without re12 gard to such process. 

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

14 eligible to receive a grant under subsection (a) in accord15 ance with section 502(b)(1), and subsections (c) and (d). 

16 ‘‘(c) CRITERIA.—The Secretary shall select the eligi17 ble applicants to receive grants under subsection (a) based 

18 on the following: 

19 ‘‘(1) The applicant’s ability to administer a pro20 gram that serves the greatest number of eligible in21 dividuals, giving particular consideration to individ22 uals with greatest economic need, greatest social 

23 need, poor employment history or prospects, and 

24 over the age of 65. 


HMOORE on PROD1PC68 with HMBILLS
111 

HR 5293 RFS 

1 ‘‘(2) The applicant’s ability to administer a pro2 gram that provides employment for eligible individ3 uals in the communities in which such individuals 

4 reside, or in nearby communities, that will con5 tribute to the general welfare of the community. 

6 ‘‘(3) The applicant’s ability to administer a pro7 gram that moves eligible individuals into unsub8 sidized employment. 

9 ‘‘(4) The applicant’s prior performance, if any, 

10 in meeting performance measures under this title 

11 and under other Federal or State programs. 

12 ‘‘(5) The applicant’s ability to move individuals 

13 with multiple barriers to employment into unsub14 sidized employment. 

15 ‘‘(6) The applicant’s ability to coordinate with 

16 other organizations at the State and local level. 

17 ‘‘(7) The applicant’s plan for fiscal manage18 ment of the program to be administered with funds 

19 received under this section. 

20 ‘‘(8) Any additional criteria that the Secretary 

21 considers to be appropriate in order to minimize dis22 ruption for current participants. 

23 ‘‘(d) RESPONSIBILITY TESTS.— 

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

25 grantee, the Secretary shall conduct a review of 


HMOORE on PROD1PC68 with HMBILLS
112 

HR 5293 RFS 

1 available records to assess the applicant’s overall re2 sponsibility to administer Federal funds. 

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

4 in paragraph (1), the Secretary may consider any in5 formation, including the organization’s history with 

6 regard to the management of other grants. 

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

8 to satisfy any 1 responsibility test that is listed in 

9 paragraph (4), excluding those listed in subpara10 graphs (A) and (B), does not establish that the or11 ganization is not responsible unless such failure is 

12 substantial or persists for 2 or more consecutive 

13 years. 

14 ‘‘(4) TEST.—The responsibility tests include re15 view of the following factors: 

16 ‘‘(A) Unsuccessful efforts by the organiza17 tion to recover debts, after 3 demand letters 

18 have been sent, that are established by final 

19 agency action, or a failure to comply with an 

20 approved repayment plan. 

21 ‘‘(B) Established fraud or criminal activity 

22 of a significant nature within the organization. 

23 ‘‘(C) Serious administrative deficiencies 

24 identified by the Secretary, such as failure to 


HMOORE on PROD1PC68 with HMBILLS
113 

HR 5293 RFS 

1 maintain a financial management system as re2 quired by Federal rules or regulations. 

3 ‘‘(D) Willful obstruction of the audit proc4 ess. 

5 ‘‘(E) Failure to provide services to appli6 cants as agreed to in a current or recent grant 

7 or to meet applicable performance measures. 

8 ‘‘(F) Failure to correct deficiencies 

9 brought to the grantee’s attention in writing as 

10 a result of monitoring activities, reviews, assess11 ments, or other activities. 

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

13 package or outstanding advances within 90 

14 days of the grant expiration date or receipt of 

15 closeout package, whichever is later, unless an 

16 extension has been requested and granted. 

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

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

19 of Government property as instructed by the 

20 Secretary. 

21 ‘‘(J) Failure to have maintained effective 

22 cash management or cost controls resulting in 

23 excess cash on hand. 

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

25 complies with its Office of Management and 


HMOORE on PROD1PC68 with HMBILLS
114 

HR 5293 RFS 

1 Budget Circular A-133 audit requirements 

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

3 of Federal Regulations. 

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

5 the required period. 

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

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

8 judgment of the grant officer, the disallowances 

9 are egregious findings. 

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

11 resolve a subrecipient’s audit in a timely fash12 ion. 

13 ‘‘(5) DETERMINATION.—Applicants that are de14 termined to be not responsible shall not be selected 

15 as grantees. 

16 ‘‘(6) DISALLOWED COSTS.—Interest on dis17 allowed costs shall accrue in accordance with the 

18 Debt Collection Improvement Act of 1996. 

19 ‘‘SEC. 515. AUTHORIZATION OF APPROPRIATIONS. 

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

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

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

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

24 fiscal year shall be available for obligation during the an25 nual period that begins on July 1 of the calendar year 


HMOORE on PROD1PC68 with HMBILLS
115 

HR 5293 RFS 

1 immediately following the beginning of such fiscal year 

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

3 The Secretary may extend the period during which such 

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

5 particular organization or agency that receives funds 

6 under this title if the Secretary determines that such ex7 tension is necessary to ensure the effective use of such 

8 funds by such organization or agency. 

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

10 may recapture any unexpended funds for the program 

11 year, and reobligate such funds within the 2 succeeding 

12 program years for— 

13 ‘‘(1) technical assistance; or 

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

15 under this title. 

16 ‘‘SEC. 516. DEFINITIONS. 

17 ‘‘For purposes of this title: 

18 ‘‘(1) COMMUNITY SERVICE EMPLOYMENT-BASED

19 TRAINING.—The term ‘community service employ20 ment-based training’ means work experience that is 

21 related to providing social, health, welfare, and edu22 cational services (including literacy tutoring), legal 

23 and other counseling services and assistance, includ24 ing tax counseling and assistance and financial 

25 counseling, and library, recreational, and other simiVerDate Aug 31 2005 04:25 Jun 23, 2006 Jkt 049200 PO 00000 Frm 00115 Fmt 6652 Sfmt 6201 E:\BILLS\H5293.RFS H5293

HMOORE on PROD1PC68 with HMBILLS
116 

HR 5293 RFS 

1 lar services; conservation, maintenance, or restora2 tion of natural resources; community betterment or 

3 beautification; antipollution and environmental qual4 ity efforts; weatherization activities; economic devel5 opment; and such other services essential and nec6 essary to the community as the Secretary determines 

7 by rule. 

8 ‘‘(2) ELIGIBLE INDIVIDUAL.—The term ‘eligible 

9 individual’ means an individual who is 55 years of 

10 age or older and who has a low income (including 

11 any such individual whose income is not more that 

12 125 percent of the poverty line), excluding any in13 come that is unemployment compensation, benefits 

14 received under title XVI of the Social Security Act, 

15 veterans payments, or 25 percent of the benefits re16 ceived under title II of the Social Security Act, 

17 but— 

18 ‘‘(A) pursuant to regulations prescribed by 

19 the Secretary, any such individual who meets 

20 one or more of the following criteria shall have 

21 priority for the work opportunities provided 

22 under this title— 

23 ‘‘(i) is 65 years of age or older; or 

24 ‘‘(ii) has one or more of the following 

25 barriers to employment: 


HMOORE on PROD1PC68 with HMBILLS
117 

HR 5293 RFS 

1 ‘‘(I) has a disability; 

2 ‘‘(II) has limited English pro3 ficiency or low literacy skills; 

4 ‘‘(III) resides in a rural area; 

5 ‘‘(IV) is a veteran; 

6 ‘‘(V) has low employment pros7 pects; or 

8 ‘‘(VI) has failed to find employ9 ment after utilizing services provided 

10 under title I of the Workforce Invest11 ment Act of 1998; and 

12 ‘‘(B) notwithstanding any other provision 

13 of this paragraph, excludes— 

14 ‘‘(i) an individual who has partici15 pated in projects under this title for a pe16 riod of 48 months in the aggregate (wheth17 er or not consecutive) after the date of the 

18 enactment of the Senior Independence Act 

19 of 2006; and 

20 ‘‘(ii) an individual who has partici21 pated in projects under this title for a pe22 riod of 24 months in the aggregate (wheth23 er or not consecutive) after the date of the 

24 enactment of the Senior Independence Act 

25 of 2006 if such individual participated 


HMOORE on PROD1PC68 with HMBILLS
118 

HR 5293 RFS 

1 more than 24 months in the aggregate 

2 (whether or not consecutive) under title V 

3 of this Act, as in effect before the date of 

4 the enactment of the Senior Independence 

5 Act of 2006. 

6 ‘‘(3) INCOME.—The term ‘income’ means in7 come received during the 12-month period (or, at 

8 the option of the grantee involved, the 6-month pe9 riod that is not multiplied) ending on the date an el10 igible individual submits an application to partici11 pate in the project carried out under this title by 

12 such grantee. 

13 ‘‘(4) PACIFIC ISLAND AND ASIAN AMERICANS.— 

14 The term ‘Pacific Island and Asian Americans’ 

15 means Americans having origins in any of the origi16 nal peoples of the Far East, Southeast Asia, the In17 dian Subcontinent, or the Pacific Islands. 

18 ‘‘(5) PROGRAM.—The term ‘program’ means 

19 the older American community service employment20 based training program established under this title. 

21 ‘‘(6) SUPPORTIVE SERVICES.—The term ‘sup22 portive services’ means services such as transpor23 tation, child care, dependent care, housing, and 

24 needs-related payments, that are necessary to enable 

25 an individual to participate in activities authorized 


HMOORE on PROD1PC68 with HMBILLS
119 

HR 5293 RFS 

1 under this title, consistent with the provisions of this 

2 title. 

3 ‘‘(7) UNEMPLOYED INDIVIDUAL.—The term 

4 ‘unemployed individual’ means an individual who is 

5 without a job and who wants and is available for 

6 work, including an individual who may have occa7 sional employment that does not result in a constant 

8 source of income.’’. 

9 SEC. 40. NATIVE AMERICANS CAREGIVER SUPPORT PRO10 GRAM. 

11 Section 643 of the Older Americans Act of 1965 (42 

12 U.S.C. 3057n) is amended by striking ‘‘title—’’ and all 

13 that follows through the period at the end, and inserting 

14 ‘‘title such sums as may be necessary for fiscal years 2007, 

15 2008, 2009, 2010, and 2011. 

16 SEC. 41. VULNERABLE ELDER RIGHTS PROTECTION ACTIVI17 TIES. 

18 Section 702 of the Older Americans Act of 1965 (42 

19 U.S.C. 3058a) is amended by striking ‘‘2001’’ each place 

20 it appears and inserting ‘‘2007’’. 

21 SEC. 42. NATIVE AMERICAN ORGANIZATION PROVISIONS. 

22 Section 751(d) of the Older Americans Act of 1965 

23 (42 U.S.C. 3058aa(b)) is amended by striking ‘‘2001’’ and 

24 inserting ‘‘2007’’. 


HMOORE on PROD1PC68 with HMBILLS
120 

HR 5293 RFS 

1 SEC. 43. ELDER ABUSE, NEGLECT, AND EXPLOITATION PRE2 VENTION. 

3 Section 721 (b) of the Older Americans Act of 1965 

4 (42 U.S.C. 3058i(b)) is amended— 

5 (1) by inserting after paragraph (1) the fol6 lowing new paragraph: 

7 ‘‘(2) providing for public education and out8 reach to promote financial literacy and prevent iden9 tity theft and financial exploitation of older individ10 uals;’’; and 

11 (2) by redesignating paragraphs (2) through 

12 (8) as paragraphs (3) through (9), respectively. 

13 SEC. 44. TECHNICAL AMENDMENTS. 

14 The Older Americans Act of 1965 (42 U.S.C. 2001 

15 et seq.) is amended— 

16 (1) in section 202(e)(1)(A) by striking the 

17 semicolon at the end and inserting a period, and 

18 (2) by inserting before section 401 the fol19 lowing: 


HMOORE on PROD1PC68 with HMBILLS
121 

HR 5293 RFS 

1 ‘‘TITLE IV—ACTIVITIES FOR 

2 HEALTH, INDEPENDENCE 

3 AND LONGEVITY’’. 

Passed the House of Representatives June 21, 2006. 

Attest: KAREN L. HAAS, 

Clerk. 


HMOORE on PROD1PC68 with HMBILLS