H. R. 782—40
‘‘(C) information on the number of schools assisted;
and
‘‘(D) other information that will facilitate achieving
the objectives of this section.
‘‘SEC. 420. DEMONSTRATION AND SUPPORT PROJECTS FOR LEGAL
ASSISTANCE FOR OLDER INDIVIDUALS.
‘‘(a) PROGRAM AUTHORIZED.—The Assistant Secretary shall
make grants and enter into contracts, in order to—
‘‘(1) provide a national legal assistance support system
(operated by one or more grantees or contractors) of activities
to State and area agencies on aging for providing, developing,
or supporting legal assistance for older individuals, including—
‘‘(A) case consultations;
‘‘(B) training;
‘‘(C) provision of substantive legal advice and assist-
ance; and
‘‘(D) assistance in the design, implementation, and
administration of legal assistance delivery systems to local
providers of legal assistance for older individuals; and
‘‘(2) support demonstration projects to expand or improve
the delivery of legal assistance to older individuals with social
or economic needs.
‘‘(b) ASSURANCES.—Any grants or contracts made under sub-
section (a)(2) shall contain assurances that the requirements of
section 307(a)(11) are met.
‘‘(c) ASSISTANCE.—To carry out subsection (a)(1), the Assistant
Secretary shall make grants to or enter into contracts with national
nonprofit organizations experienced in providing support and tech-
nical assistance on a nationwide basis to States, area agencies
on aging, legal assistance providers, ombudsmen, elder abuse
prevention programs, and other organizations interested in the
legal rights of older individuals.
‘‘SEC. 421. OMBUDSMAN AND ADVOCACY DEMONSTRATION PROJECTS.
‘‘(a) PROGRAM AUTHORIZED.—The Assistant Secretary shall
award grants to not fewer than three and not more than 10 States
to conduct demonstrations and evaluate cooperative projects
between the State long-term care ombudsman program, legal assist-
ance agencies, and the State protection and advocacy systems for
individuals with developmental disabilities and individuals with
mental illness, established under part C of the Developmental
Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6041 et
seq.) and under the Protection and Advocacy for Mentally Ill
Individuals Act of 1986 (42 U.S.C. 10801 et seq.).
‘‘(b) REPORT.—The Assistant Secretary shall prepare and submit
to Congress a report containing the results of the evaluation
required by subsection (a). Such report shall contain such rec-
ommendations as the Assistant Secretary determines to be appro-
priate.
‘‘PART B—GENERAL PROVISIONS
‘‘SEC. 431. PAYMENT OF GRANTS.
‘‘(a) CONTRIBUTIONS.—To the extent the Assistant Secretary
determines a contribution to be appropriate, the Assistant Secretary
shall require the recipient of any grant or contract under this
H. R. 782—41
title to contribute money, facilities, or services for carrying out
the project for which such grant or contract was made.
‘‘(b) PAYMENTS.—Payments under this title pursuant to a grant
or contract may be made (after necessary adjustment, in the case
of grants, on account of previously made overpayments or underpay-
ments) in advance or by way of reimbursement, and in such install-
ments and on such conditions, as the Assistant Secretary may
determine.
‘‘(c) CONSULTATION.—The Assistant Secretary shall make no
grant or contract under this title in any State that has established
or designated a State agency for purposes of title III unless the
Assistant Secretary—
‘‘(1) consults with the State agency prior to issuing the
grant or contract; and
‘‘(2) informs the State agency of the purposes of the grant
or contract when the grant or contract is issued.
‘‘SEC. 432. RESPONSIBILITIES OF ASSISTANT SECRETARY.
‘‘(a) IN GENERAL.—The Assistant Secretary shall be responsible
for the administration, implementation, and making of grants and
contracts under this title and shall not delegate authority under
this title to any other individual, agency, or organization.
‘‘(b) REPORT.—
‘‘(1) IN GENERAL.—Not later than January 1 following each
fiscal year, the Assistant Secretary shall submit, to the Speaker
of the House of Representatives and the President pro tempore
of the Senate, a report for such fiscal year that describes
each project and each program—
‘‘(A) for which funds were provided under this title;
and
‘‘(B) that was completed in the fiscal year for which
such report is prepared.
‘‘(2) CONTENTS.—Such report shall contain—
‘‘(A) the name or descriptive title of each project or
program;
‘‘(B) the name and address of the individual or govern-
mental entity that conducted such project or program;
‘‘(C) a specification of the period throughout which
such project or program was conducted;
‘‘(D) the identity of each source of funds expended
to carry out such project or program and the amount of
funds provided by each such source;
‘‘(E) an abstract describing the nature and operation
of such project or program; and
‘‘(F) a bibliography identifying all published informa-
tion relating to such project or program.
‘‘(c) EVALUATIONS.—
‘‘(1) IN GENERAL.—The Assistant Secretary shall establish
by regulation and implement a process to evaluate the results
of projects and programs carried out under this title.
‘‘(2) RESULTS.—The Assistant Secretary shall—
‘‘(A) make available to the public the results of each
evaluation carried out under paragraph (1); and
‘‘(B) use such evaluation to improve services delivered,
or the operation of projects and programs carried out, under
this Act.’’.
H. R. 782—42
TITLE V—AMENDMENT TO TITLE V OF
THE OLDER AMERICANS ACT OF 1965
SEC. 501. AMENDMENT TO TITLE V OF THE OLDER AMERICANS ACT
OF 1965.
Title V of the Older Americans Act of 1965 (42 U.S.C. 3056
et seq.) is amended to read as follows:
‘‘TITLE V—COMMUNITY SERVICE
EMPLOYMENT FOR OLDER AMERICANS
‘‘SEC. 501. SHORT TITLE.
‘‘This title may be cited as the ‘Older American Community
Service Employment Act’.
‘‘SEC. 502. OLDER AMERICAN COMMUNITY SERVICE EMPLOYMENT
PROGRAM.
‘‘(a)(1) In order to foster and promote useful part-time
opportunities in community service activities for unemployed low-
income persons who are 55 years or older and who have poor
employment prospects, and in order to foster individual economic
self-sufficiency and to increase the number of persons who may
enjoy the benefits of unsubsidized employment in both the public
and private sectors, the Secretary of Labor (hereafter in this title
referred to as the ‘Secretary’) is authorized to establish an older
American community service employment program.
‘‘(2) Amounts appropriated to carry out this title shall be used
only to carry out the provisions contained in this title.
‘‘(b)(1) In order to carry out the provisions of this title, the
Secretary is authorized to enter into agreements, subject to section
514, with State and national public and private nonprofit agencies
and organizations, agencies of a State government or a political
subdivision of a State (having elected or duly appointed governing
officials), or a combination of such political subdivisions, or tribal
organizations in order to further the purposes and goals of the
program. Such agreements may include provisions for the payment
of costs, as provided in subsection (c) of this section, of projects
developed by such organizations and agencies in cooperation with
the Secretary in order to make the program effective or to supple-
ment the program. No payment shall be made by the Secretary
toward the cost of any project established or administered by any
organization or agency unless the Secretary determines that such
project—
‘‘(A) will provide employment only for eligible individuals
except for necessary technical, administrative, and supervisory
personnel, but such personnel shall, to the fullest extent pos-
sible, be recruited from among eligible individuals;
‘‘(B)(i) will provide employment for eligible individuals in
the community in which such individuals reside, or in nearby
communities; or
‘‘(ii) if such project is carried out by a tribal organization
that enters into an agreement under this subsection or receives
assistance from a State that enters into such an agreement,
will provide employment for such individuals, including those
H. R. 782—43
who are Indians residing on an Indian reservation, as the
term is defined in section 2601(2) of the Energy Policy Act
of 1992 (25 U.S.C. 3501(2));
‘‘(C) will employ eligible individuals in service related to
publicly owned and operated facilities and projects, or projects
sponsored by organizations, other than political parties, exempt
from taxation under the provisions of section 501(c)(3) of the
Internal Revenue Code of 1986, except projects involving the
construction, operation, or maintenance of any facility used
or to be used as a place for sectarian religious instruction
or worship;
‘‘(D) will contribute to the general welfare of the commu-
nity;
‘‘(E) will provide employment for eligible individuals;
‘‘(F)(i) will result in an increase in employment opportuni-
ties over those opportunities which would otherwise be avail-
able;
‘‘(ii) will not result in the displacement of currently
employed workers (including partial displacement, such as a
reduction in the hours of nonovertime work or wages or employ-
ment benefits); and
‘‘(iii) will not impair existing contracts or result in the
substitution of Federal funds for other funds in connection
with work that would otherwise be performed;
‘‘(G) will not employ or continue to employ any eligible
individual to perform work the same or substantially the same
as that performed by any other person who is on layoff;
‘‘(H) will utilize methods of recruitment and selection
(including participating in a one-stop delivery system as estab-
lished under section 134(c) of the Workforce Investment Act
of 1998 (29 U.S.C. 2864(c)) and listing of job vacancies with
the employment agency operated by any State or political sub-
division thereof ) which will assure that the maximum number
of eligible individuals will have an opportunity to participate
in the project;
‘‘(I) will include such training as may be necessary to
make the most effective use of the skills and talents of those
individuals who are participating, and will provide for the
payment of the reasonable expenses of individuals being
trained, including a reasonable subsistence allowance;
‘‘(J) will assure that safe and healthy conditions of work
will be provided, and will assure that persons employed in
community service and other jobs assisted under this title
shall be paid wages which shall not be lower than whichever
is the highest of—
‘‘(i) the minimum wage which would be applicable to
the employee under the Fair Labor Standards Act of 1938,
if section 6(a)(1) of such Act applied to the participant
and if the participant were not exempt under section 13
thereof;
‘‘(ii) the State or local minimum wage for the most
nearly comparable covered employment; or
‘‘(iii) the prevailing rates of pay for persons employed
in similar public occupations by the same employer;