HR 6197 RDS 
(I) by amending clause (i) to 
read as follows: 
‘‘(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 Guidance System of the 
Department of Agriculture, and advances in nutri-
tion science;’’; 
(III) in clause (vii), by striking 
‘‘and’’ at the end; and 
(IV) by striking clause (viii) and 
inserting the following: 
‘‘(viii) disseminating guidance that describes 
strategies for improving the nutritional quality of 
meals provided under title III, including strategies 
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for increasing the consumption of whole grains, 
lowfat dairy products, fruits, and vegetables; 
‘‘(ix) developing and disseminating guidelines 
for conducting nutrient analyses of meals provided 
under subparts 1 and 2 of part C of title III, includ-
ing guidelines for averaging key nutrients over an 
appropriate period of time; and 
‘‘(x) providing technical assistance to the re-
gional offices of the Administration with respect to 
each duty described in clauses (i) through (ix).’’; and 
(ii) by amending subparagraph (C)(i) 
to read as follows: 
‘‘(i) have expertise in nutrition, energy balance, 
and meal planning; and’’. 
SEC. 205. EVALUATION. 
The first 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 con-
ducting evaluations under this section, either directly or 
through grants or contracts.’’. 
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SEC. 206. 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. 207. CONTRACTING AND GRANT AUTHORITY; PRIVATE 
PAY RELATIONSHIPS; APPROPRIATE USE OF 
FUNDS. 
Section 212 of the Older Americans Act of 1965 (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 under this Act (other than title V) from en-
tering into an agreement with a profitmaking organization 
for the recipient to provide services to individuals or enti-
ties not otherwise receiving services under this Act, pro-
vided that— 
‘‘(1) if funds provided under this Act to such 
recipient are initially used by the recipient to pay 
part or all of a cost incurred by the recipient in de-
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veloping and carrying out such agreement, such 
agreement guarantees that the cost is reimbursed to 
the recipient; 
‘‘(2) if such agreement provides for the provi-
sion of 1 or more services, of the type provided 
under this Act by or on behalf of such recipient, to 
an individual or entity seeking to receive such serv-
ices— 
‘‘(A) the individuals and entities may only 
purchase such services at their fair market rate; 
‘‘(B) all costs incurred by the recipient in 
providing such services (and not otherwise reim-
bursed under paragraph (1)), are reimbursed to 
such recipient; and 
‘‘(C) the recipient reports the rates for 
providing such services under such agreement 
in accordance with subsection (c) and the rates 
are consistent with the prevailing market rate 
for provision of such services in the relevant ge-
ographic area as determined by the State agen-
cy or area agency on aging (as applicable); and 
‘‘(3) any amount of payment to the recipient 
under the agreement that exceeds reimbursement 
under this subsection of the recipient’s costs is used 
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to provide, or support the provision of, services 
under this Act. 
‘‘(b) ENSURING APPROPRIATE USE OF FUNDS.—An 
agreement described in 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), after timely sub-
mission of all relevant documents related to the 
agreement including information on all costs in-
curred; 
‘‘(2) directly or indirectly provide for, or have 
the effect of, paying, reimbursing, subsidizing, or 
otherwise compensating an individual or entity in an 
amount that exceeds the fair market value of the 
services subject to such agreement; 
‘‘(3) result in the displacement of services oth-
erwise available to an older individual with greatest 
social need, an older individual with greatest eco-
nomic need, or an older individual who is at risk for 
institutional placement; or 
‘‘(4) in any other way compromise, undermine, 
or be inconsistent with the objective of serving the 
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