‘‘(i) designing, implementing, and evaluating 
evidence-based programs to support improved nutri-
tion and regular physical activity for older individ-
uals;’’, 
(II) by amending clause (iii) to 
read as follows: 
‘‘(iii) conducting outreach and disseminating 
evidence-based information to nutrition service pro-
viders about the benefits of healthful diets and reg-
ular physical activity, including information about 
the most current Dietary Guidelines for Americans 
published under section 301 of the National Nutri-
tion Monitoring and Related Research Act of 1990 
(7 U.S.C. 5341), the Food Guide Pyramid published 
jointly by the Secretary and the Secretary of Agri-
culture, and advances in nutrition science;’’, 
(III) in clause (vii) by striking 
‘‘and’’ at the end, and 
(IV) by striking clause (viii) and 
inserting the following: 
‘‘(viii) disseminating guidance that de-
scribes strategies for improving the nutritional 
quality of meals provided under title III, par-
ticularly strategies for increasing the consump-
VerDate Aug 31 2005 
02:11 May 05, 2006
Jkt 049196
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H5293.IH
H5293
jcorcoran on PROD1PC62 with CFR
tion of whole grains, lowfat dairy products, 
fruits and vegetables; 
‘‘(ix) developing and disseminating guide-
lines for conducting nutrient analyses of meals 
provided in subparts 1 and 2 of part C, includ-
ing guidelines for averaging key nutrients over 
an appropriate period of time; and 
‘‘(x) providing technical assistance to the 
regional offices of the Administration with re-
spect to each duty described in clauses (i) 
through (viii).’’, and 
(ii) by amending subparagraph (C)(i) 
to read as follows: 
‘‘(i) have expertise in nutrition, energy balance, 
and meal planning; and’’. 
SEC. 6. EVALUATION. 
The 1st sentence of section 206(g) of the Older 
Americans Act of 1965 (42 U.S.C. 3017(g)) is amended 
to read as follows: 
‘‘From the total amount appropriated for each fiscal year 
to carry out title III, the Secretary may use such sums 
as may be necessary, but not to exceed 1⁄2 of 1 percent 
of such amount, for purposes of conducting evaluations 
under this section, either directly or through grants or 
contracts.’’. 
VerDate Aug 31 2005 
02:11 May 05, 2006
Jkt 049196
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H5293.IH
H5293
jcorcoran on PROD1PC62 with CFR
SEC. 7. REPORTS. 
Section 207(b)(2) of the Older Americans Act of 
1965 (42 U.S.C. 3018(b)(2)) is amended— 
(1) in subparagraph (B) by striking ‘‘Labor’’ 
and inserting ‘‘the Workforce’’, and 
(2) in subparagraph (C) by striking ‘‘Labor and 
Human Resources’’ and inserting ‘‘Health, Edu-
cation, Labor, and Pensions’’. 
SEC. 8. CONTRACTUAL, COMMERCIAL AND PRIVATE PAY 
RELATIONSHIPS; APPROPRIATE USE OF ACT 
FUNDS. 
(a) PRIVATE PAY RELATIONSHIPS; APPROPRIATE 
USE OF ACT FUNDS.—Section 212 of the Older Ameri-
cans Act (42 U.S.C. 3020c) is amended to read as follows: 
‘‘SEC. 212. CONTRACTING AND GRANT AUTHORITY; PRI-
VATE PAY RELATIONSHIPS; APPROPRIATE 
USE OF FUNDS. 
‘‘(a) IN GENERAL.—Subject to subsection (b), this 
Act shall not be construed to prevent a recipient of a grant 
or a contract from entering into an agreement— 
‘‘(1) with a profitmaking organization; 
‘‘(2) under which funds provided under such 
grant or contract are used to pay part or all of a 
cost (including an administrative cost) incurred by 
such recipient to carry out a contract or commercial 
relationship for the benefit of older individuals or 
VerDate Aug 31 2005 
02:11 May 05, 2006
Jkt 049196
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H5293.IH
H5293
jcorcoran on PROD1PC62 with CFR
their family caregivers, whether such relationship is 
carried out to implement a provision of this Act or 
to conduct activities inherently associated with im-
plementing such provision; or 
‘‘(3) under which any individual, regardless of 
age or income (including the family caregiver of such 
individual), who seeks to receive 1 or more services 
pays, at their own private expense, to receive such 
services based on the fair market value of such serv-
ices. 
‘‘(b) ENSURING APPROPRIATE USE OF FUNDS.—An 
agreement described under subsection (a) may not— 
‘‘(1) be made without the prior approval of the 
State agency (or, in the case of a grantee under title 
VI, without the prior recommendation of the Direc-
tor of the Office for American Indian, Alaska Na-
tive, and Native Hawaiian Aging and the prior ap-
proval of the Assistant Secretary); 
‘‘(2) directly or indirectly provide for, or have 
the effect of, paying, reimbursing, or otherwise com-
pensating an entity under such agreement in an 
amount that exceeds the fair market value of the 
goods or services furnished by such entity under 
such agreement; 
VerDate Aug 31 2005 
02:11 May 05, 2006
Jkt 049196
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H5293.IH
H5293
jcorcoran on PROD1PC62 with CFR