Older Americans Act Amendments of 2006
PL 109-365 (H.R.6197), enacted 10/17/2006

120 STAT. 2522
PUBLIC LAW 109–365—OCT. 17, 2006
Public Law 109–365
109th Congress
An Act
To amend the Older Americans Act of 1965 to authorize appropriations for fiscal
years 2007 through 2011, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Older Ameri-
cans Act Amendments of 2006’’.
(b) TABLE OF CONTENTS.—The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I—GENERAL PROVISION
Sec. 101. Definitions.
TITLE II—ADMINISTRATION ON AGING
Sec. 201. Elder abuse prevention and services.
Sec. 202. Functions of the Assistant Secretary.
Sec. 203. Federal agency consultation.
Sec. 204. Administration.
Sec. 205. Evaluation.
Sec. 206. Reports.
Sec. 207. Contracting and grant authority; private pay relationships; appropriate
use of funds.
Sec. 208. Nutrition education.
Sec. 209. Pension counseling and information programs.
Sec. 210. Authorization of appropriations.
TITLE III—GRANTS FOR STATE AND COMMUNITY PROGRAMS ON AGING
Sec. 301. Purpose; administration.
Sec. 302. Definitions.
Sec. 303. Authorization of appropriations; uses of funds.
Sec. 304. Allotments.
Sec. 305. Organization.
Sec. 306. Area plans.
Sec. 307. State plans.
Sec. 308. Payments.
Sec. 309. Nutrition services incentive program.
Sec. 310. Consumer contributions.
Sec. 311. Supportive services and senior centers.
Sec. 312. Nutrition service.
Sec. 313. Congregate nutrition program.
Sec. 314. Home delivered nutrition services.
Sec. 315. Criteria.
Sec. 316. Nutrition.
Sec. 317. Study of nutrition projects.
Sec. 318. Sense of Congress recognizing the contribution of nutrition to the health
of older adults.
Sec. 319. Improving indoor air quality in buildings where older individuals con-
gregate.
Sec. 320. Caregiver support program definitions.
42 USC 3001
note.
Older Americans
Act Amendments
of 2006.
Oct. 17, 2006
[H.R. 6197]
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120 STAT. 2523
PUBLIC LAW 109–365—OCT. 17, 2006
Sec. 321. Caregiver support program.
Sec. 322. National innovation.
TITLE IV—ACTIVITIES FOR HEALTH, INDEPENDENCE, AND LONGEVITY
Sec. 401. Title.
Sec. 402. Grant programs.
Sec. 403. Career preparation for the field of aging.
Sec. 404. Health care service demonstration projects in rural areas.
Sec. 405. Technical assistance and innovation to improve transportation for older
individuals.
Sec. 406. Demonstration, support, and research projects for multigenerational ac-
tivities and civic engagement activities.
Sec. 407. Native American programs.
Sec. 408. Multidisciplinary centers and multidisciplinary systems.
Sec. 409. Community innovations for aging in place.
Sec. 410. Responsibilities of Assistant Secretary.
TITLE V—OLDER AMERICAN COMMUNITY SERVICE EMPLOYMENT
PROGRAM
Sec. 501. Community Service Senior Opportunities Act.
Sec. 502. Effective date.
TITLE VI—NATIVE AMERICANS
Sec. 601. Clarification of maintenance requirement.
Sec. 602. Native Americans caregiver support program.
TITLE VII—ALLOTMENTS FOR VULNERABLE ELDER RIGHTS PROTECTION
ACTIVITIES
Sec. 701. Vulnerable elder rights protection activities.
Sec. 702. Elder abuse, neglect, and exploitation.
Sec. 703. Native American organization provisions.
Sec. 704. Elder justice programs.
Sec. 705. Rule of construction.
TITLE VIII—FEDERAL YOUTH DEVELOPMENT COUNCIL
Sec. 801. Short title.
Sec. 802. Establishment and membership.
Sec. 803. Duties of the Council.
Sec. 804. Coordination with existing interagency coordination entities.
Sec. 805. Assistance of staff.
Sec. 806. Powers of the Council.
Sec. 807. Report.
Sec. 808. Termination.
Sec. 809. Authorization of appropriations.
TITLE IX—CONFORMING AMENDMENTS
Sec. 901. Conforming amendments to other Acts.
TITLE I—GENERAL PROVISION
SEC. 101. DEFINITIONS.
(a) IN GENERAL.—Section 102 of the Older Americans Act of
1965 (42 U.S.C. 3002) is amended—
(1) by striking paragraph (10) and inserting the following:
‘‘(10)(A) The term ‘assistive device’ includes an assistive
technology device.
‘‘(B) The terms ‘assistive technology’, ‘assistive technology
device’, and ‘assistive technology service’ have the meanings
given such terms in section 3 of the Assistive Technology Act
of 1998 (29 U.S.C. 3002).’’;
(2) by striking paragraph (12)(D) and inserting the fol-
lowing:
‘‘(D) 
evidence-based 
health 
promotion 
programs,
including programs related to the prevention and mitiga-
tion of the effects of chronic disease (including osteoporosis,
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120 STAT. 2524
PUBLIC LAW 109–365—OCT. 17, 2006
hypertension, obesity, diabetes, and cardiovascular dis-
ease), alcohol and substance abuse reduction, smoking ces-
sation, weight loss and control, stress management, falls
prevention, physical activity, and improved nutrition;’’;
(3) by striking paragraph (24) and inserting the following:
‘‘(24)(A) The term ‘exploitation’ means the fraudulent or
otherwise illegal, unauthorized, or improper act or process of
an individual, including a caregiver or fiduciary, that uses
the resources of an older individual for monetary or personal
benefit, profit, or gain, or that results in depriving an older
individual of rightful access to, or use of, benefits, resources,
belongings, or assets.
‘‘(B) In subparagraph (A), the term ‘caregiver’ means an
individual who has the responsibility for the care of an older
individual, either voluntarily, by contract, by receipt of payment
for care, or as a result of the operation of law and means
a family member or other individual who provides (on behalf
of such individual or of a public or private agency, organization,
or institution) compensated or uncompensated care to an older
individual.’’;
(4) in paragraph (29)(E)—
(A) in clause (i), by striking ‘‘and’’ at the end;
(B) in clause (ii), by striking the period at the end
and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(iii) older individuals at risk for institutional
placement.’’;
(5) in paragraph (32)(D), by inserting ‘‘, including an
assisted living facility,’’ after ‘‘home’’;
(6) by striking paragraph (34) and inserting the following:
‘‘(34) The term ‘neglect’ means—
‘‘(A) the failure of a caregiver (as defined in paragraph
(18)(B)) or fiduciary to provide the goods or services that
are necessary to maintain the health or safety of an older
individual; or
‘‘(B) self-neglect.’’; and
(7) by adding at the end the following:
‘‘(44) The term ‘Aging and Disability Resource Center’
means an entity established by a State as part of the State
system of long-term care, to provide a coordinated system for
providing—
‘‘(A) comprehensive information on the full range of
available public and private long-term care programs,
options, service providers, and resources within a commu-
nity, including information on the availability of integrated
long-term care;
‘‘(B) personal counseling to assist individuals in
assessing their existing or anticipated long-term care needs,
and developing and implementing a plan for long-term
care designed to meet their specific needs and cir-
cumstances; and
‘‘(C) consumers access to the range of publicly-sup-
ported long-term care programs for which consumers may
be eligible, by serving as a convenient point of entry for
such programs.
‘‘(45) The term ‘at risk for institutional placement’ means,
with respect to an older individual, that such individual is
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120 STAT. 2525
PUBLIC LAW 109–365—OCT. 17, 2006
unable to perform at least 2 activities of daily living without
substantial assistance (including verbal reminding, physical
cuing, or supervision) and is determined by the State involved
to be in need of placement in a long-term care facility.
‘‘(46) The term ‘civic engagement’ means an individual
or collective action designed to address a public concern or
an unmet human, educational, health care, environmental, or
public safety need.
‘‘(47) The term ‘elder justice’—
‘‘(A) used with respect to older individuals, collectively,
means efforts to prevent, detect, treat, intervene in, and
respond to elder abuse, neglect, and exploitation and to
protect older individuals with diminished capacity while
maximizing their autonomy; and
‘‘(B) used with respect to an individual who is an
older individual, means the recognition of the individual’s
rights, including the right to be free of abuse, neglect,
and exploitation.
‘‘(48) The term ‘fiduciary’—
‘‘(A) means a person or entity with the legal
responsibility—
‘‘(i) to make decisions on behalf of and for the
benefit of another person; and
‘‘(ii) to act in good faith and with fairness; and
‘‘(B) includes a trustee, a guardian, a conservator, an
executor, an agent under a financial power of attorney
or health care power of attorney, or a representative payee.
‘‘(49) The term ‘Hispanic-serving institution’ has the
meaning given the term in section 502 of the Higher Education
Act of 1965 (20 U.S.C. 1101a).
‘‘(50) The term ‘long-term care’ means any service, care,
or item (including an assistive device), including a disease
prevention and health promotion service, an in-home service,
and a case management service—
‘‘(A) intended to assist individuals in coping with, and
to the extent practicable compensate for, a functional
impairment in carrying out activities of daily living;
‘‘(B) furnished at home, in a community care setting
(including a small community care setting as defined in
subsection (g)(1), and a large community care setting as
defined in subsection (h)(1), of section 1929 of the Social
Security Act (42 U.S.C. 1396t)), or in a long-term care
facility; and
‘‘(C) not furnished to prevent, diagnose, treat, or cure
a medical disease or condition.
‘‘(51) The term ‘self-directed care’ means an approach to
providing services (including programs, benefits, supports, and
technology) under this Act intended to assist an individual
with activities of daily living, in which—
‘‘(A) such services (including the amount, duration,
scope, provider, and location of such services) are planned,
budgeted, and purchased under the direction and control
of such individual;
‘‘(B) such individual is provided with such information
and assistance as are necessary and appropriate to enable
such individual to make informed decisions about the
individual’s care options;
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PUBLIC LAW 109–365—OCT. 17, 2006
‘‘(C) the needs, capabilities, and preferences of such
individual with respect to such services, and such individ-
ual’s ability to direct and control the individual’s receipt
of such services, are assessed by the area agency on aging
(or other agency designated by the area agency on aging)
involved;
‘‘(D) based on the assessment made under subpara-
graph (C), the area agency on aging (or other agency des-
ignated by the area agency on aging) develops together
with such individual and the individual’s family, caregiver
(as defined in paragraph (18)(B)), or legal representative—
‘‘(i) a plan of services for such individual that
specifies which services such individual will be respon-
sible for directing;
‘‘(ii) a determination of the role of family members
(and others whose participation is sought by such indi-
vidual) in providing services under such plan; and
‘‘(iii) a budget for such services; and
‘‘(E) the area agency on aging or State agency provides
for oversight of such individual’s self-directed receipt of
services, including steps to ensure the quality of services
provided and the appropriate use of funds under this Act.
‘‘(52) The term ‘self-neglect’ means an adult’s inability,
due to physical or mental impairment or diminished capacity,
to perform essential self-care tasks including—
‘‘(A) obtaining essential food, clothing, shelter, and
medical care;
‘‘(B) obtaining goods and services necessary to maintain
physical health, mental health, or general safety; or
‘‘(C) managing one’s own financial affairs.
‘‘(53) The term ‘State system of long-term care’ means
the Federal, State, and local programs and activities adminis-
tered by a State that provide, support, or facilitate access
to long-term care for individuals in such State.
‘‘(54) The term ‘integrated long-term care’—
‘‘(A) means items and services that consist of—
‘‘(i) with respect to long-term care—
‘‘(I) long-term care items or services provided
under a State plan for medical assistance under
the Medicaid program established under title XIX
of the Social Security Act (42 U.S.C. 1396 et seq.),
including nursing facility services, home and
community-based services, personal care services,
and case management services provided under the
plan; and
‘‘(II) any other supports, items, or services that
are available under any federally funded long-term
care program; and
‘‘(ii) with respect to other health care, items and
services covered under—
‘‘(I) the Medicare program established under
title XVIII of the Social Security Act (42 U.S.C.
1395 et seq.);
‘‘(II) the State plan for medical assistance
under the Medicaid program; or
‘‘(III) any other federally funded health care
program; and
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120 STAT. 2527
PUBLIC LAW 109–365—OCT. 17, 2006
‘‘(B) includes items or services described in subpara-
graph (A) that are provided under a public or private
managed care plan or through any other service provider.’’.
(b) REDESIGNATION AND REORDERING OF DEFINITIONS.—Section
102 of the Older Americans Act of 1965 (42 U.S.C. 3002) is
amended—
(1) by redesignating paragraphs (1) through (54) as para-
graphs (45), (7), (50), (39), (26), (27), (54), (13), (48), (8), (29),
(14), (1), (2), (3), (5), (6), (10), (30), (37), (11), (15), (16), (18),
(21), (22), (23), (24), (28), (31), (33), (35), (36), (38), (40), (41),
(42), (43), (44), (51), (53), (19), (49), (4), (9), (12), (17), (20),
(25), (34), (46), (47), (52), and (32), respectively; and
(2) so that paragraphs (1) through (54), as so redesignated
in paragraph (1), appear in numerical order.
TITLE II—ADMINISTRATION ON AGING
SEC. 201. ELDER ABUSE PREVENTION AND SERVICES.
Section 201 of the Older Americans Act of 1965 (42 U.S.C.
3011) is amended by adding at the end the following:
‘‘(e)(1) The Assistant Secretary is authorized to designate within
the Administration a person to have responsibility for elder abuse
prevention and services.
‘‘(2) It shall be the duty of the Assistant Secretary, acting
through the person designated to have responsibility for elder abuse
prevention and services—
‘‘(A) to develop objectives, priorities, policy, and a long-
term plan for—
‘‘(i) facilitating the development, implementation, and
continuous improvement of a coordinated, multidisciplinary
elder justice system in the United States;
‘‘(ii) providing Federal leadership to support State
efforts in carrying out elder justice programs and activities
relating to—
‘‘(I) elder abuse prevention, detection, treatment,
intervention, and response;
‘‘(II) training of individuals regarding the matters
described in subclause (I); and
‘‘(III) the development of a State comprehensive
elder justice system, as defined in section 752(b);
‘‘(iii) establishing Federal guidelines and disseminating
best practices for uniform data collection and reporting
by States;
‘‘(iv) working with States, the Department of Justice,
and other Federal entities to annually collect, maintain,
and disseminate data relating to elder abuse, neglect, and
exploitation, to the extent practicable;
‘‘(v) establishing an information clearinghouse to col-
lect, maintain, and disseminate information concerning best
practices and resources for training, technical assistance,
and other activities to assist States and communities to
carry out evidence-based programs to prevent and address
elder abuse, neglect, and exploitation;
‘‘(vi) conducting research related to elder abuse,
neglect, and exploitation;
Government
organization.
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‘‘(vii) providing technical assistance to States and other
eligible entities that provide or fund the provision of the
services described in title VII;
‘‘(viii) carrying out a study to determine the national
incidence and prevalence of elder abuse, neglect, and exploi-
tation in all settings; and
‘‘(ix) promoting collaborative efforts and diminishing
duplicative efforts in the development and carrying out
of elder justice programs at the Federal, State and local
levels; and
‘‘(B) to assist States and other eligible entities under title
VII to develop strategic plans to better coordinate elder justice
activities, research, and training.
‘‘(3) The Secretary, acting through the Assistant Secretary,
may issue such regulations as may be necessary to carry out this
subsection and section 752.
‘‘(f)(1) The Assistant Secretary may designate an officer or
employee who shall be responsible for the administration of mental
health services authorized under this Act.
‘‘(2) It shall be the duty of the Assistant Secretary, acting
through the individual designated under paragraph (1), to develop
objectives, priorities, and a long-term plan for supporting State
and local efforts involving education about and prevention, detec-
tion, and treatment of mental disorders, including age-related
dementia, depression, and Alzheimer’s disease and related neuro-
logical disorders with neurological and organic brain dysfunction.’’.
SEC. 202. FUNCTIONS OF THE ASSISTANT SECRETARY.
Section 202 of the Older Americans Act of 1965 (42 U.S.C.
3012) is amended—
(1) in subsection (a)—
(A) in paragraph (5), by inserting ‘‘assistive tech-
nology,’’ after ‘‘housing,’’;
(B) by striking paragraph (12) and inserting the fol-
lowing:
‘‘(12)(A) consult and coordinate activities with the Adminis-
trator of the Centers for Medicare & Medicaid Services and
the heads of other Federal entities to implement and build
awareness of programs providing benefits affecting older
individuals; and
‘‘(B) carry on a continuing evaluation of the programs and
activities related to the objectives of this Act, with particular
attention to the impact of the programs and activities carried
out under—
‘‘(i) titles XVIII and XIX of the Social Security Act
(42 U.S.C. 1395 et seq., 1396 et seq.);
‘‘(ii) the Age Discrimination in Employment Act of 1967
(29 U.S.C. 621 et seq.); and
‘‘(iii) the National Housing Act (12 U.S.C. 1701 et
seq.) relating to housing for older individuals and the set-
ting of standards for the licensing of nursing homes, inter-
mediate care homes, and other facilities providing care
for such individuals;’’;
(C) by striking paragraph (20) and inserting the fol-
lowing:
‘‘(20)(A) encourage, and provide technical assistance to,
States, area agencies on aging, and service providers to carry
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120 STAT. 2529
PUBLIC LAW 109–365—OCT. 17, 2006
out outreach and benefits enrollment assistance to inform and
enroll older individuals with greatest economic need, who may
be eligible to participate, but who are not participating, in
Federal and State programs providing benefits for which the
individuals are eligible, including—
‘‘(i) supplemental security income benefits under title
XVI of the Social Security Act (42 U.S.C. 1381 et seq.),
or assistance under a State plan program under such title;
‘‘(ii) medical assistance under title XIX of such Act
(42 U.S.C. 1396 et seq.);
‘‘(iii) benefits under the Food Stamp Act of 1977 (7
U.S.C. 2011 et seq.); or
‘‘(iv) benefits under any other applicable program; and
‘‘(B) at the election of the Assistant Secretary and in
cooperation with related Federal agency partners administering
the Federal programs, make a grant to or enter into a contract
with a qualified, experienced entity to establish a National
Center on Senior Benefits Outreach and Enrollment, which
shall—
‘‘(i) maintain and update web-based decision support
and enrollment tools, and integrated, person-centered sys-
tems, designed to inform older individuals about the full
range of benefits for which the individuals may be eligible
under Federal and State programs;
‘‘(ii) utilize cost-effective strategies to find older individ-
uals with greatest economic need and enroll the individuals
in the programs;
‘‘(iii) create and support efforts for Aging and Disability
Resource Centers, and other public and private State and
community-based 
organizations, 
including 
faith-based
organizations and coalitions, to serve as benefits enrollment
centers for the programs;
‘‘(iv) develop and maintain an information clearing-
house on best practices and cost-effective methods for
finding and enrolling older individuals with greatest eco-
nomic need in the programs for which the individuals are
eligible; and
‘‘(v) provide, in collaboration with related Federal
agency partners administering the Federal programs,
training and technical assistance on effective outreach,
screening, enrollment, and follow-up strategies;’’;
(D) in paragraph (26)—
(i) in subsection (D)—
(I) by striking ‘‘gaps in’’; and
(II) by inserting ‘‘(including services that
would permit such individuals to receive long-term
care in home and community-based settings)’’ after
‘‘individuals’’; and
(ii) in subsection (E), by striking ‘‘and’’ at the end;
(E) in paragraph (27)—
(i) in subparagraph (B), by adding ‘‘and’’ at the
end; and
(ii) by striking subparagraph (D); and
(F) by adding at the end the following:
‘‘(28) make available to States, area agencies on aging,
and service providers information and technical assistance to
Website.
Grants.
Contracts.
Establishment.
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support the provision of evidence-based disease prevention and
health promotion services.’’;
(2) by striking subsections (b) and (c), and inserting the
following:
‘‘(b) To promote the development and implementation of com-
prehensive, coordinated systems at Federal, State, and local levels
that enable older individuals to receive long-term care in home
and community-based settings, in a manner responsive to the needs
and preferences of older individuals and their family caregivers,
the Assistant Secretary shall, consistent with the applicable provi-
sions of this title—
‘‘(1) collaborate, coordinate, and consult with other Federal
entities responsible for formulating and implementing pro-
grams, benefits, and services related to providing long-term
care, and may make grants, contracts, and cooperative agree-
ments with funds received from other Federal entities;
‘‘(2) conduct research and demonstration projects to identify
innovative, cost-effective strategies for modifying State systems
of long-term care to—
‘‘(A) respond to the needs and preferences of older
individuals and family caregivers; and
‘‘(B) target services to individuals at risk for institu-
tional placement, to permit such individuals to remain
in home and community-based settings;
‘‘(3) establish criteria for and promote the implementation
(through area agencies on aging, service providers, and such
other entities as the Assistant Secretary determines to be
appropriate) of evidence-based programs to assist older individ-
uals and their family caregivers in learning about and making
behavioral changes intended to reduce the risk of injury, dis-
ease, and disability among older individuals;
‘‘(4) facilitate, in coordination with the Administrator of
the Centers for Medicare & Medicaid Services, and other heads
of Federal entities as appropriate, the provision of long-term
care in home and community-based settings, including the
provision of such care through self-directed care models that—
‘‘(A) provide for the assessment of the needs and pref-
erences of an individual at risk for institutional placement
to help such individual avoid unnecessary institutional
placement and depletion of income and assets to qualify
for benefits under the Medicaid program under title XIX
of the Social Security Act (42 U.S.C. 1396 et seq.);
‘‘(B) respond to the needs and preferences of such indi-
vidual and provide the option—
‘‘(i) for the individual to direct and control the
receipt of supportive services provided; or
‘‘(ii) as appropriate, for a person who was
appointed by the individual, or is legally acting on
the individual’s behalf, in order to represent or advise
the individual in financial or service coordination mat-
ters (referred to in this paragraph as a ‘representative’
of the individual), to direct and control the receipt
of those services; and
‘‘(C) assist an older individual (or, as appropriate, a
representative of the individual) to develop a plan for long-
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term support, including selecting, budgeting for, and pur-
chasing home and community-based long-term care and
supportive services;
‘‘(5) provide for the Administration to play a lead role
with respect to issues concerning home and community-based
long-term care, including—
‘‘(A) directing (as the Secretary or the President deter-
mines to be appropriate) or otherwise participating in
departmental and interdepartmental activities concerning
long-term care;
‘‘(B) reviewing and commenting on departmental rules,
regulations, and policies related to providing long-term
care; and
‘‘(C) making recommendations to the Secretary with
respect to home and community-based long-term care,
including recommendations based on findings made
through projects conducted under paragraph (2);
‘‘(6) promote, in coordination with other appropriate Fed-
eral agencies—
‘‘(A) enhanced awareness by the public of the impor-
tance of planning in advance for long-term care; and
‘‘(B) the availability of information and resources to
assist in such planning;
‘‘(7) ensure access to, and the dissemination of, information
about all long-term care options and service providers, including
the availability of integrated long-term care;
‘‘(8) implement in all States Aging and Disability Resource
Centers—
‘‘(A) to serve as visible and trusted sources of informa-
tion on the full range of long-term care options, including
both institutional and home and community-based care,
which are available in the community;
‘‘(B) to provide personalized and consumer-friendly
assistance to empower individuals to make informed
decisions about their care options;
‘‘(C) to provide coordinated and streamlined access to
all publicly supported long-term care options so that con-
sumers can obtain the care they need through a single
intake, assessment, and eligibility determination process;
‘‘(D) to help individuals to plan ahead for their future
long-term care needs; and
‘‘(E) to assist (in coordination with the entities carrying
out the health insurance information, counseling, and
assistance program (receiving funding under section 4360
of the Omnibus Budget Reconciliation Act of 1990 (42
U.S.C. 1395b–4)) in the States) beneficiaries, and prospec-
tive beneficiaries, under the Medicare program established
under title XVIII of the Social Security Act (42 U.S.C.
1395 et seq.) in understanding and accessing prescription
drug and preventative health benefits under the provisions
of, and amendments made by, the Medicare Prescription
Drug, Improvement, and Modernization Act of 2003;
‘‘(9) establish, either directly or through grants or contracts,
national technical assistance programs to assist State agencies,
area agencies on aging, and community-based service providers
funded under this Act in implementing—
Grants.
Contracts.
Establishment.
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‘‘(A) home and community-based long-term care sys-
tems, including evidence-based programs; and
‘‘(B) evidence-based disease prevention and health pro-
motion services programs;
‘‘(10) develop, in collaboration with the Administrator of
the Centers for Medicare & Medicaid Services, performance
standards and measures for use by States to determine the
extent to which their State systems of long-term care fulfill
the objectives described in this subsection; and
‘‘(11) conduct such other activities as the Assistant Sec-
retary determines to be appropriate.
‘‘(c) The Assistant Secretary, in consultation with the Chief
Executive Officer of the Corporation for National and Community
Service, shall—
‘‘(1) encourage and permit volunteer groups (including
organizations carrying out national service programs and
including organizations of youth in secondary or postsecondary
school) that are active in supportive services and civic engage-
ment to participate and be involved individually or through
representative groups in supportive service and civic engage-
ment programs or activities to the maximum extent feasible;
‘‘(2) develop a comprehensive strategy for utilizing older
individuals to address critical local needs of national concern,
including the engagement of older individuals in the activities
of public and nonprofit organizations such as community-based
organizations, including faith-based organizations; and
‘‘(3) encourage other community capacity-building initia-
tives involving older individuals, with particular attention to
initiatives that demonstrate effectiveness and cost savings in
meeting critical needs.’’; and
(3) in subsection (e)(1)(A), by striking the semicolon at
the end and inserting a period.
SEC. 203. FEDERAL AGENCY CONSULTATION.
Section 203 of the Older Americans Act of 1965 (42 U.S.C.
3013) is amended—
(1) in subsection (a)(3)(A)—
(A) by striking ‘‘(with particular attention to low-
income minority older individuals and older individuals
residing in rural areas)’’ and inserting ‘‘(with particular
attention to low-income older individuals, including low-
income minority older individuals, older individuals with
limited English proficiency, and older individuals residing
in rural areas)’’; and
(B) by striking ‘‘section 507’’ and inserting ‘‘section
518’’;
(2) in subsection (b)—
(A) in paragraph (17), by striking ‘‘and’’ at the end;
(B) in paragraph (18), by striking the period and
inserting ‘‘, and’’; and
(C) by adding at the end the following:
‘‘(19) sections 4 and 5 of the Assistive Technology Act
of 1998 (29 U.S.C. 3003, 3004).’’; and
(3) by adding at the end the following:
‘‘(c)(1) The Secretary, in collaboration with the Federal officials
specified in paragraph (2), shall establish an Interagency Coordi-
nating Committee on Aging (referred to in this subsection as the
Establishment.
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‘Committee’) focusing on the coordination of agencies with respect
to aging issues.
‘‘(2) The officials referred to in paragraph (1) shall include
the Secretary of Labor and the Secretary of Housing and Urban
Development, and may include, at the direction of the President,
the Attorney General, the Secretary of Transportation, the Secretary
of the Treasury, the Secretary of Agriculture, the Secretary of
Homeland Security, the Commissioner of Social Security, and such
other Federal officials as the President may direct. An official
described in this paragraph may appoint a designee to carry out
the official’s duties under paragraph (1).
‘‘(3) The Secretary of Health and Human Services shall serve
as the first chairperson of the Committee, for 1 term, and the
Secretary of Housing and Urban Development shall serve as the
chairperson for the following term. After that following term, the
Committee shall select a chairperson from among the members
of the Committee, and any member may serve as the chairperson.
No member may serve as the chairperson for more than 1 consecu-
tive term.
‘‘(4) For purposes of this subsection, a term shall be a period
of 2 calendar years.
‘‘(5) The Committee shall meet not less often than once each
year.
‘‘(6) The Committee shall—
‘‘(A) share information with and establish an ongoing
system to improve coordination among Federal agencies with
responsibility for programs and services for older individuals
and recommend improvements to such system with an emphasis
on—
‘‘(i) improving access to programs and services for older
individuals;
‘‘(ii) maximizing the impact of federally funded pro-
grams and services for older individuals by increasing the
efficiency, effectiveness, and delivery of such programs and
services;
‘‘(iii) planning and preparing for the impact of demo-
graphic changes on programs and services for older individ-
uals; and
‘‘(iv) reducing or eliminating areas of overlap and
duplication by Federal agencies in the provision and acces-
sibility of such programs and services;
‘‘(B) identify, promote, and implement (as appropriate), best
practices and evidence-based program and service models to
assist older individuals in meeting their housing, health care,
and other supportive service needs, including—
‘‘(i) consumer-directed care models for home and
community-based care and supportive services that link
housing, health care, and other supportive services and
that facilitate aging in place, enabling older individuals
to remain in their homes and communities as the individ-
uals age; and
‘‘(ii) innovations in technology applications (including
assistive technology devices and assistive technology serv-
ices) that give older individuals access to information on
available services or that help in providing services to
older individuals;
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‘‘(C) collect and disseminate information about older
individuals and the programs and services available to the
individuals to ensure that the individuals can access com-
prehensive information;
‘‘(D) work with the Federal Interagency Forum on Aging-
Related Statistics, the Bureau of the Census, and member
agencies to ensure the continued collection of data relating
to the housing, health care, and other supportive service needs
of older individuals and to support efforts to identify and
address unmet data needs;
‘‘(E) actively seek input from and consult with nongovern-
mental experts and organizations, including public health
interest and research groups and foundations about the activi-
ties described in subparagraphs (A) through (F);
‘‘(F) identify any barriers and impediments, including bar-
riers and impediments in statutory and regulatory law, to the
access and use by older individuals of federally funded programs
and services; and
‘‘(G) work with States to better provide housing, health
care, and other supportive services to older individuals by—
‘‘(i) holding meetings with State agencies;
‘‘(ii) providing ongoing technical assistance to States
about better meeting the needs of older individuals; and
‘‘(iii) working with States to designate liaisons, from
the State agencies, to the Committee.
‘‘(7) Not later than 90 days following the end of each term,
the Committee shall prepare and submit to the Committee on
Financial Services of the House of Representatives, the Committee
on Education and the Workforce of the House of Representatives,
the Committee on Energy and Commerce of the House of Represent-
atives, the Committee on Ways and Means of the House of Rep-
resentatives, the Committee on Banking, Housing, and Urban
Affairs of the Senate, the Committee on Health, Education, Labor,
and Pensions of the Senate, and the Special Committee on Aging
of the Senate, a report that—
‘‘(A) describes the activities and accomplishments of the
Committee in—
‘‘(i) enhancing the overall coordination of federally
funded programs and services for older individuals; and
‘‘(ii) meeting the requirements of paragraph (6);
‘‘(B) incorporates an analysis from the head of each agency
that is a member of the interagency coordinating committee
established under paragraph (1) that describes the barriers
and impediments, including barriers and impediments in statu-
tory and regulatory law (as the chairperson of the Committee
determines to be appropriate), to the access and use by older
individuals of programs and services administered by such
agency; and
‘‘(C) makes such recommendations as the chairman deter-
mines to be appropriate for actions to meet the needs described
in paragraph (6) and for coordinating programs and services
designed to meet those needs.
‘‘(8) On the request of the Committee, any Federal Government
employee may be detailed to the Committee without reimbursement,
and such detail shall be without interruption or loss of civil service
status or privilege.’’.
Deadline.
Reports.
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SEC. 204. ADMINISTRATION.
Section 205 of the Older Americans Act of 1965 (42 U.S.C.
3016) is amended—
(1) in subsection (a)—
(A) in paragraph (1)—
(i) in subparagraph (C), by adding ‘‘and’’ at the
end;
(ii) in subparagraph (D), by striking ‘‘; and’’ and
inserting a period; and
(iii) by striking subparagraph (E); and
(B) in paragraph (2)—
(i) in subparagraph (A)—
(I) by amending clause (i) to read as follows:
‘‘(i) designing, implementing, and evaluating evidence-
based programs to support improved nutrition and regular
physical activity for older individuals;’’;
(II) by amending clause (iii) to read as follows:
‘‘(iii) conducting outreach and disseminating evidence-based
information to nutrition service providers about the benefits
of healthful diets and regular 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 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 describes strategies for
improving the nutritional quality of meals provided under title
III, including strategies for increasing the consumption of whole
grains, lowfat dairy products, fruits, and vegetables;
‘‘(ix) developing and disseminating guidelines for con-
ducting nutrient analyses of meals provided under subparts
1 and 2 of part C of title III, including guidelines for averaging
key nutrients over an appropriate period of time; and
‘‘(x) providing technical assistance to the regional 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 conducting evaluations under this section, either directly or
through grants or contracts.’’.
SEC. 206. REPORTS.
Section 207(b)(2) of the Older Americans Act of 1965 (42 U.S.C.
3018(b)(2)) is amended—
Grants.
Contracts.
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(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, Education, Labor, and Pen-
sions’’.
SEC. 207. CONTRACTING AND GRANT AUTHORITY; PRIVATE PAY RELA-
TIONSHIPS; 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; PRIVATE PAY RELA-
TIONSHIPS; 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 entering into an agreement
with a profitmaking organization for the recipient to provide serv-
ices to individuals or entities not otherwise receiving services under
this Act, provided 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 developing and carrying out
such agreement, such agreement guarantees that the cost is
reimbursed to the recipient;
‘‘(2) if such agreement provides for the provision 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 services—
‘‘(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 reimbursed under para-
graph (1)), are reimbursed to such recipient; and
‘‘(C) the recipient reports the rates for providing such
services under such agreement in accordance with sub-
section (c) and the rates are consistent with the prevailing
market rate for provision of such services in the relevant
geographic area as determined by the State agency 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 to provide, or support the provi-
sion 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 Director of the Office for American
Indian, Alaska Native, and Native Hawaiian Aging and the
prior approval of the Assistant Secretary), after timely submis-
sion of all relevant documents related to the agreement
including information on all costs incurred;
‘‘(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 otherwise avail-
able to an older individual with greatest social need, an older
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individual with greatest economic need, or an older individual
who is at risk for institutional placement; or
‘‘(4) in any other way compromise, undermine, or be incon-
sistent with the objective of serving the needs of older individ-
uals, as determined by the Assistant Secretary.
‘‘(c) MONITORING AND REPORTING.—To ensure that any agree-
ment described in subsection (a) complies with the requirements
of this section and other applicable provisions of this Act, the
Assistant Secretary shall develop and implement uniform moni-
toring procedures and reporting requirements consistent with the
provisions of subparagraphs (A) through (E) of section 306(a)(13)
in consultation with the State agencies and area agencies on aging.
The Assistant Secretary shall annually prepare and submit to the
chairpersons and ranking members of the appropriate committees
of Congress a report analyzing all such agreements, and the costs
incurred and services provided under the agreements. This report
shall contain information on the number of the agreements per
State, summaries of all the agreements, and information on the
type of organizations participating in the agreements, types of serv-
ices provided under the agreements, and the net proceeds from,
and documentation of funds spent and reimbursed, under the agree-
ments.
‘‘(d) TIMELY REIMBURSEMENT.—All reimbursements made under
this section shall be made in a timely manner, according to stand-
ards specified by the Assistant Secretary.
‘‘(e) COST.—In this section, the term ‘cost’ means an expense,
including an administrative expense, incurred by a recipient in
developing or carrying out an agreement described in subsection
(a), whether the recipient contributed funds, staff time, or other
plant, equipment, or services to meet the expense.’’.
SEC. 208. NUTRITION EDUCATION.
Section 214 of the Older Americans Act of 1965 (42 U.S.C.
3020e) is amended to read as follows:
‘‘SEC. 214. NUTRITION EDUCATION.
‘‘The Assistant Secretary, in consultation with the Secretary
of Agriculture, shall conduct outreach and provide technical assist-
ance to agencies and organizations that serve older individuals
to assist such agencies and organizations to carry out integrated
health promotion and disease prevention programs that—
‘‘(1) are designed for older individuals; and
‘‘(2) include—
‘‘(A) nutrition education;
‘‘(B) physical activity; and
‘‘(C) other activities to modify behavior and to improve
health literacy, including providing information on optimal
nutrient intake, through nutrition education and nutrition
assessment and counseling, in accordance with section
339(2)(J).’’.
SEC. 209. PENSION COUNSELING AND INFORMATION PROGRAMS.
Section 215 of the Older Americans Act of 1965 (42 U.S.C.
3020e–1) is amended—
(1) in subsection (e)(1)(J), by striking ‘‘and low income
retirees’’ and inserting ‘‘, low-income retirees, and older individ-
uals with limited English proficiency’’;
Procedures.
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(2) in subsection (f), by striking paragraph (2) and inserting
the following:
‘‘(2) The ability of the entity to perform effective outreach
to affected populations, particularly populations with limited
English proficiency and other populations that are identified
as in need of special outreach.’’; and
(3) in subsection (h)(2), by inserting ‘‘(including individuals
with limited English proficiency)’’ after ‘‘individuals’’.
SEC. 210. AUTHORIZATION OF APPROPRIATIONS.
Section 216 of the Older Americans Act of 1965 (42 U.S.C.
3020f) is amended—
(1) in subsection (a), by striking ‘‘2001, 2002, 2003, 2004,
and 2005’’ and inserting ‘‘2007, 2008, 2009, 2010, and 2011.’’;
and
(2) in subsections (b) and (c), by striking ‘‘year’’ and all
that follows through ‘‘years’’, and inserting ‘‘years 2007, 2008,
2009, 2010, and 2011’’.
TITLE III—GRANTS FOR STATE AND
COMMUNITY PROGRAMS ON AGING
SEC. 301. PURPOSE; ADMINISTRATION.
Section 301(a)(2) of the Older Americans Act of 1965 (42 U.S.C.
3021(a)(2)) is amended—
(1) in subparagraph (D), by striking ‘‘and’’ at the end;
(2) in subparagraph (E), by striking the period at the
end and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(F) organizations that have experience in providing
training, placement, and stipends for volunteers or participants
who are older individuals (such as organizations carrying out
Federal service programs administered by the Corporation for
National and Community Service), in community service set-
tings.’’.
SEC. 302. DEFINITIONS.
Section 302 of the Older Americans Act of 1965 (42 U.S.C.
3022) is amended—
(1) by adding at the end the following:
‘‘(4) The term ‘family caregiver’ means an adult family
member, or another individual, who is an informal provider
of in-home and community care to an older individual or to
an individual with Alzheimer’s disease or a related disorder
with neurological and organic brain dysfunction.’’;
(2) by redesignating paragraphs (2), (3), and (4) as para-
graphs (4), (2), and (3), respectively; and
(3) by moving paragraph (4), as so redesignated, to the
end of the section.
SEC. 303. AUTHORIZATION OF APPROPRIATIONS; USES OF FUNDS.
Section 303 of the Older Americans Act of 1965 (42 U.S.C.
3023) is amended—
(1) in subsections (a)(1), (b), and (d), by striking ‘‘year
2001’’ and all that follows through ‘‘years’’ each place it appears,
and inserting ‘‘years 2007, 2008, 2009, 2010, and 2011’’; and
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(2) in subsection (e)—
(A) in paragraph (1) by striking ‘‘$125,000,000’’ and
all that follows and inserting ‘‘$160,000,000 for fiscal year
2007.’’;
(B) in paragraph (2), by striking ‘‘such sums’’ and
all that follows and inserting ‘‘$166,500,000 for fiscal year
2008, $173,000,000 for fiscal year 2009, $180,000,000 for
fiscal year 2010, and $187,000,000 for fiscal year 2011.’’;
and
(C) in paragraph (3)—
(i) by striking ‘‘(2)—’’ and all that follows through
‘‘1 percent’’ and inserting ‘‘(2), not more than 1 per-
cent’’;
(ii) by striking ‘‘shall’’ and inserting ‘‘may’’; and
(iii) by striking ‘‘section 376’’ and inserting ‘‘section
411(a)(11)’’.
SEC. 304. ALLOTMENTS.
Section 304(a)(3)(D) of the Older Americans Act of 1965 (42
U.S.C. 3024(a)(3)(D)) is amended to read as follows:
‘‘(D)(i) No State shall be allotted less than the total amount
allotted to the State for fiscal year 2006.
‘‘(ii) No State shall receive a percentage increase in an allot-
ment, above the State’s fiscal year 2006 allotment, that is less
than—
‘‘(I) for fiscal year 2007, 20 percent of the percentage
increase above the fiscal year 2006 allotments for all of the
States;
‘‘(II) for fiscal year 2008, 15 percent of the percentage
increase above the fiscal year 2006 allotments for all of the
States;
‘‘(III) for fiscal year 2009, 10 percent of the percentage
increase above the fiscal year 2006 allotments for all of the
States; and
‘‘(IV) For fiscal year 2010, 5 percent of the percentage
increase above the fiscal year 2006 allotments for all of the
States.’’.
SEC. 305. ORGANIZATION.
Section 305(a) of the Older Americans Act of 1965 (42 U.S.C.
3025(a)) is amended—
(1) in paragraph (1)(E)—
(A) by striking ‘‘(with particular attention to low-
income minority individuals and older individuals residing
in rural areas)’’ each place it appears and inserting ‘‘(with
particular attention to low-income older individuals,
including low-income minority older individuals, older
individuals with limited English proficiency, and older
individuals residing in rural areas)’’; and
(B) by striking ‘‘and’’ at the end;
(2) in paragraph (2)—
(A) in subparagraph (E), by striking ‘‘, with particular
attention to low-income minority individuals and older
individuals residing in rural areas’’ and inserting ‘‘(with
particular attention to low-income older individuals,
including low-income minority older individuals, older
individuals with limited English proficiency, and older
individuals residing in rural areas)’’; and
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(B) in subparagraph (G), by striking the period and
inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(3) the State agency shall, consistent with this section,
promote the development and implementation of a State system
of long-term care that is a comprehensive, coordinated system
that enables older individuals to receive long-term care in home
and community-based settings, in a manner responsive to the
needs and preferences of the older individuals and their family
caregivers, by—
‘‘(A) collaborating, coordinating, and consulting with
other agencies in such State responsible for formulating,
implementing, and administering programs, benefits, and
services related to providing long-term care;
‘‘(B) participating in any State government activities
concerning long-term care, including reviewing and com-
menting on any State rules, regulations, and policies
related to long-term care;
‘‘(C) conducting analyses and making recommendations
with respect to strategies for modifying the State system
of long-term care to better—
‘‘(i) respond to the needs and preferences of older
individuals and family caregivers;
‘‘(ii) facilitate the provision, by service providers,
of long-term care in home and community-based set-
tings; and
‘‘(iii) target services to individuals at risk for
institutional placement, to permit such individuals to
remain in home and community-based settings;
‘‘(D) implementing (through area agencies on aging,
service providers, and such other entities as the State
determines to be appropriate) evidence-based programs to
assist older individuals and their family caregivers in
learning about and making behavioral changes intended
to reduce the risk of injury, disease, and disability among
older individuals; and
‘‘(E) providing for the availability and distribution
(through public education campaigns, Aging and Disability
Resource Centers, area agencies on aging, and other appro-
priate means) of information relating to—
‘‘(i) the need to plan in advance for long-term care;
and
‘‘(ii) the full range of available public and private
long-term care (including integrated long-term care)
programs, options, service providers, and resources.’’.
SEC. 306. AREA PLANS.
Section 306 of the Older Americans Act of 1965 (42 U.S.C.
3026) is amended—
(1) in subsection (a)—
(A) in paragraph (1)—
(i) by striking ‘‘(with particular attention to low-
income minority individuals and older individuals
residing in rural areas)’’ and inserting ‘‘(with particular
attention to low-income older individuals, including
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low-income minority older individuals, older individ-
uals with limited English proficiency, and older individ-
uals residing in rural areas)’’;
(ii) by striking ‘‘(with particular attention to low-
income minority individuals)’’ and inserting ‘‘(with par-
ticular attention to low-income older individuals,
including low-income minority older individuals, older
individuals with limited English proficiency, and older
individuals residing in rural areas)’’; and
(iii) by inserting ‘‘the number of older individuals
at risk for institutional placement residing in such
area,’’ after ‘‘individuals) residing in such area,’’;
(B) in paragraph (2)(A)—
(i) by inserting after ‘‘transportation,’’ the fol-
lowing: ‘‘health services (including mental health serv-
ices),’’; and
(ii) by inserting after ‘‘information and assistance’’
the following: ‘‘(which may include information and
assistance to consumers on availability of services
under part B and how to receive benefits under and
participate in publicly supported programs for which
the consumer may be eligible)’’;
(C) in paragraph (4)—
(i) in subparagraph (A)—
(I) by amending clause (i) to read as follows:
‘‘(i)(I) provide assurances that the area agency on aging
will—
‘‘(aa) set specific objectives, consistent with State
policy, for providing services to older individuals with
greatest economic need, older individuals with greatest
social need, and older individuals at risk for institutional
placement;
‘‘(bb) include specific objectives for providing services
to low-income minority older individuals, older individuals
with limited English proficiency, and older individuals
residing in rural areas; and
‘‘(II) include proposed methods to achieve the objectives
described in items (aa) and (bb) of subclause (I);’’; and
(II) in clause (ii), by inserting ‘‘, older individ-
uals with limited English proficiency,’’ after ‘‘low-
income minority individuals’’ each place it appears;
and
(ii) in subparagraph (B)—
(I) by moving the left margin of each of
subparagraph (B), clauses (i) and (ii), and sub-
clauses (I) through (VI) of clause (i), 2 ems to
the left; and
(II) in clause (i)—
(aa) in subclause (V), by striking ‘‘with
limited English-speaking ability; and’’ and
inserting ‘‘with limited English proficiency;’’;
(bb) in subclause (VI), by striking ‘‘or
related’’ and inserting ‘‘and related’’; and
(cc) by adding at the end the following:
‘‘(VII) older individuals at risk for institutional
placement; and’’;
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(D) in paragraph (5), by inserting ‘‘and individuals
at risk for institutional placement’’ after ‘‘severe disabil-
ities’’;
(E) in paragraph (6)—
(i) in subparagraph (C)—
(I) in clause (i), by striking ‘‘and’’ at the end;
(II) in clause (ii), by adding ‘‘and’’ at the end;
and
(III) by inserting after clause (ii) the following:
‘‘(iii) make use of trained volunteers in providing direct
services delivered to older individuals and individuals with
disabilities needing such services and, if possible, work
in coordination with organizations that have experience
in providing training, placement, and stipends for volun-
teers or participants (such as organizations carrying out
Federal service programs administered by the Corporation
for National and Community Service), in community service
settings;’’;
(ii) in subparagraph (D)—
(I) by inserting ‘‘family caregivers of such
individuals,’’ after ‘‘Act,’’; and
(II) by inserting ‘‘service providers, representa-
tives of the business community,’’ after ‘‘individ-
uals,’’; and
(iii) by amending subparagraph (F) to read as fol-
lows:
‘‘(F) in coordination with the State agency and with
the State agency responsible for mental health services,
increase public awareness of mental health disorders,
remove barriers to diagnosis and treatment, and coordinate
mental health services (including mental health screenings)
provided with funds expended by the area agency on aging
with mental health services provided by community health
centers and by other public agencies and nonprofit private
organizations;’’;
(F) in paragraph (7), to read as follows:
‘‘(7) provide that the area agency on aging shall, consistent
with this section, facilitate the area-wide development and
implementation of a comprehensive, coordinated system for pro-
viding long-term care in home and community-based settings,
in a manner responsive to the needs and preferences of older
individuals and their family caregivers, by—
‘‘(A) collaborating, coordinating activities, and con-
sulting with other local public and private agencies and
organizations responsible for administering programs,
benefits, and services related to providing long-term care;
‘‘(B) conducting analyses and making recommendations
with respect to strategies for modifying the local system
of long-term care to better—
‘‘(i) respond to the needs and preferences of older
individuals and family caregivers;
‘‘(ii) facilitate the provision, by service providers,
of long-term care in home and community-based set-
tings; and
‘‘(iii) target services to older individuals at risk
for institutional placement, to permit such individuals
to remain in home and community-based settings;
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‘‘(C) implementing, through the agency or service pro-
viders, evidence-based programs to assist older individuals
and their family caregivers in learning about and making
behavioral changes intended to reduce the risk of injury,
disease, and disability among older individuals; and
‘‘(D) providing for the availability and distribution
(through public education campaigns, Aging and Disability
Resource Centers, the area agency on aging itself, and
other appropriate means) of information relating to—
‘‘(i) the need to plan in advance for long-term care;
and
‘‘(ii) the full range of available public and private
long-term care (including integrated long-term care)
programs, options, service providers, and resources;’’;
(G) by striking paragraph (14) and the 2 paragraphs
(15);
(H) by redesignating paragraph (16) as paragraph (14);
and
(I) by adding at the end the following:
‘‘(15) provide assurances that funds received under this
title will be used—
‘‘(A) to provide benefits and services to older individ-
uals, giving priority to older individuals identified in para-
graph (4)(A)(i); and
‘‘(B) in compliance with the assurances specified in
paragraph (13) and the limitations specified in section 212;
‘‘(16) provide, to the extent feasible, for the furnishing
of services under this Act, consistent with self-directed care;
and
‘‘(17) include information detailing how the area agency
on aging will coordinate activities, and develop long-range emer-
gency preparedness plans, with local and State emergency
response agencies, relief organizations, local and State govern-
ments, and any other institutions that have responsibility for
disaster relief service delivery.’’;
(2) by redesignating subsections (b), (c), (d), and (e) as
subsections (c), (d), (e), and (f); and
(3) by inserting after subsection (a) the following:
‘‘(b)(1) An area agency on aging may include in the area plan
an assessment of how prepared the area agency on aging and
service providers in the planning and service area are for any
anticipated change in the number of older individuals during the
10-year period following the fiscal year for which the plan is sub-
mitted.
‘‘(2) Such assessment may include—
‘‘(A) the projected change in the number of older individuals
in the planning and service area;
‘‘(B) an analysis of how such change may affect such
individuals, including individuals with low incomes, individuals
with greatest economic need, minority older individuals, older
individuals residing in rural areas, and older individuals with
limited English proficiency;
‘‘(C) an analysis of how the programs, policies, and services
provided by such area agency can be improved, and how
resource levels can be adjusted to meet the needs of the
changing population of older individuals in the planning and
service area; and
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‘‘(D) an analysis of how the change in the number of individ-
uals age 85 and older in the planning and service area is
expected to affect the need for supportive services.
‘‘(3) An area agency on aging, in cooperation with government
officials, State agencies, tribal organizations, or local entities, may
make recommendations to government officials in the planning
and service area and the State, on actions determined by the
area agency to build the capacity in the planning and service
area to meet the needs of older individuals for—
‘‘(A) health and human services;
‘‘(B) land use;
‘‘(C) housing;
‘‘(D) transportation;
‘‘(E) public safety;
‘‘(F) workforce and economic development;
‘‘(G) recreation;
‘‘(H) education;
‘‘(I) civic engagement;
‘‘(J) emergency preparedness; and
‘‘(K) any other service as determined by such agency.’’.
SEC. 307. STATE PLANS.
Section 307(a) of the Older Americans Act of 1965 (42 U.S.C.
3027(a)) is amended—
(1) in paragraph (2)(C), by striking ‘‘section 306(b)’’ and
inserting ‘‘section 306(c)’’;
(2) in paragraph (4), by striking ‘‘, with particular attention
to low-income minority individuals and older individuals
residing in rural areas’’ and inserting ‘‘(with particular atten-
tion to low-income minority older individuals, older individuals
with limited English proficiency, and older individuals residing
in rural areas)’’;
(3) by striking paragraph (15);
(4) by redesignating paragraph (14) as paragraph (15);
(5) by inserting after paragraph (13) the following:
‘‘(14) The plan shall, with respect to the fiscal year pre-
ceding the fiscal year for which such plan is prepared—
‘‘(A) identify the number of low-income minority older
individuals in the State, including the number of low-
income minority older individuals with limited English pro-
ficiency; and
‘‘(B) describe the methods used to satisfy the service
needs of the low-income minority older individuals
described in subparagraph (A), including the plan to meet
the needs of low-income minority older individuals with
limited English proficiency.’’;
(6) in paragraph (16)(A)—
(A) in clauses (ii) and (iii), by striking ‘‘(with particular
attention to low-income minority individuals and older
individuals residing in rural areas)’’ each place it appears
and inserting ‘‘(with particular attention to low-income
older individuals, including low-income minority older
individuals, older individuals with limited English pro-
ficiency, and older individuals residing in rural areas)’’;
and
(B) in clause (vi), by striking ‘‘or related’’ and inserting
‘‘and related’’; and
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(7) by adding at the end the following:
‘‘(27) The plan shall provide assurances that area agencies
on aging will provide, to the extent feasible, for the furnishing
of services under this Act, consistent with self-directed care.
‘‘(28)(A) The plan shall include, at the election of the State,
an assessment of how prepared the State is, under the State’s
statewide service delivery model, for any anticipated change
in the number of older individuals during the 10-year period
following the fiscal year for which the plan is submitted.
‘‘(B) Such assessment may include—
‘‘(i) the projected change in the number of older individ-
uals in the State;
‘‘(ii) an analysis of how such change may affect such
individuals, including individuals with low incomes,
individuals with greatest economic need, minority older
individuals, older individuals residing in rural areas, and
older individuals with limited English proficiency;
‘‘(iii) an analysis of how the programs, policies, and
services provided by the State can be improved, including
coordinating with area agencies on aging, and how resource
levels can be adjusted to meet the needs of the changing
population of older individuals in the State; and
‘‘(iv) an analysis of how the change in the number
of individuals age 85 and older in the State is expected
to affect the need for supportive services.
‘‘(29) The plan shall include information detailing how the
State will coordinate activities, and develop long-range emer-
gency preparedness plans, with area agencies on aging, local
emergency response agencies, relief organizations, local govern-
ments, State agencies responsible for emergency preparedness,
and any other institutions that have responsibility for disaster
relief service delivery.
‘‘(30) The plan shall include information describing the
involvement of the head of the State agency in the development,
revision, and implementation of emergency preparedness plans,
including the State Public Health Emergency Preparedness
and Response Plan.’’.
SEC. 308. PAYMENTS.
Section 309(b)(2) of the Older Americans Act of 1965 (42 U.S.C.
3029(b)(2)) is amended by striking ‘‘the non-Federal share required
prior to fiscal year 1981’’ and inserting ‘‘10 percent of the cost
of the services specified in such section 304(d)(1)(D)’’.
SEC. 309. NUTRITION SERVICES INCENTIVE PROGRAM.
Section 311 of the Older Americans Act of 1965 (42 U.S.C.
3030a) is amended—
(1) in subsection (b), by adding at the end the following:
‘‘(3) State agencies that elect to make grants and enter into
contracts for purposes of this section shall promptly and equitably
disburse amounts received under this subsection to the recipients
of the grants and contracts.’’;
(2) in subsection (c)—
(A) in paragraph (1), by inserting ‘‘(including bonus
commodities)’’ after ‘‘commodities’’;
(B) in paragraph (2), by inserting ‘‘(including bonus
commodities)’’ after ‘‘commodities’’;
Grants.
Contracts.
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(C) in paragraph (3), by inserting ‘‘(including bonus
commodities)’’ after ‘‘products’’; and
(D) by adding at the end the following:
‘‘(4) Among the commodities provided under this subsection,
the Secretary of Agriculture shall give special emphasis to foods
of high nutritional value to support the health of older individuals.
The Secretary of Agriculture, in consultation with the Assistant
Secretary, is authorized to prescribe the terms and conditions
respecting the provision of commodities under this subsection.’’;
(3) in subsection (d), to read as follows:
‘‘(d)(1) Amounts provided under subsection (b) shall be available
only for the purchase, by State agencies, recipients of grants and
contracts from the State agencies (as applicable), and title VI
grantees, of United States agricultural commodities and other foods
for their respective nutrition projects, subject to paragraph (2).
‘‘(2) An entity specified in paragraph (1) may, at the option
of such entity, use part or all of the amounts received by the
entity under subsection (b) to pay a school food authority (within
the meaning of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1751 et seq.)) to obtain United States agricultural
commodities for such entity’s nutrition projects, in accordance with
an agreement between the entity and the school food authority,
under which such payments—
‘‘(A) shall cover the cost of such commodities; and
‘‘(B) may cover related expenses incurred by the school
food authority, including the cost of transporting, distributing,
processing, storing, and handling such commodities.’’;
(4) in subsection (e), by striking ‘‘2001’’ and inserting
‘‘2007’’; and
(5) in subsection (f)—
(A) in the matter preceding paragraph (1), by striking
‘‘the Secretary of Agriculture and the Secretary of Health
and Human Services’’ and inserting ‘‘the Assistant Sec-
retary and the Secretary of Agriculture’’; and
(B) by striking paragraphs (1) and (2) and inserting
the following:
‘‘(1) school food authorities participating in programs
authorized under the Richard B. Russell National School Lunch
Act within the geographic area served by each such State
agency, area agency on aging, and provider; and
‘‘(2) the foods available to such State agencies, area agen-
cies on aging, and providers under subsection (c).’’.
SEC. 310. CONSUMER CONTRIBUTIONS.
Section 315 of the Older Americans Act of 1965 (42 U.S.C.
3030c–2) is amended—
(1) in subsection (b)—
(A) in paragraph (1)—
(i) by striking ‘‘provided that’’ and inserting ‘‘if’’;
and
(ii) by adding at the end the following: ‘‘Such con-
tributions shall be encouraged for individuals whose
self-declared income is at or above 185 percent of the
poverty line, at contribution levels based on the actual
cost of services.’’; and
Commodities.
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(B) in paragraph (4)(E), by inserting ‘‘and to supple-
ment (not supplant) funds received under this Act’’ after
‘‘given’’;
(2) in subsection (c)(2), by striking ‘‘(with particular atten-
tion to low-income minority individuals and older individuals
residing in rural areas)’’ and inserting ‘‘(with particular atten-
tion to low-income older individuals, including low-income
minority older individuals, older individuals with limited
English proficiency, and older individuals residing in rural
areas)’’; and
(3) in subsection (d), by striking ‘‘with particular attention
to low-income and minority older individuals and older individ-
uals residing in rural areas’’ and inserting ‘‘(with particular
attention to low-income older individuals, including low-income
minority older individuals, older individuals with limited
English proficiency, and older individuals residing in rural
areas)’’.
SEC. 311. SUPPORTIVE SERVICES AND SENIOR CENTERS.
Section 321(a) of the Older Americans Act of 1965 (42 U.S.C.
3030d(a)) is amended—
(1) in paragraph (8), by inserting ‘‘(including mental health
screening)’’ after ‘‘screening’’;
(2) in paragraph (11), by striking ‘‘services’’ and inserting
‘‘provision of services and assistive devices (including provision
of assistive technology services and assistive technology
devices)’’;
(3) in paragraph (14)(B) by inserting ‘‘(including mental
health)’’ after ‘‘health’’;
(4) in paragraph (21)—
(A) by striking ‘‘school-age children’’ and inserting ‘‘stu-
dents’’; and
(B) by inserting ‘‘services for older individuals with
limited English proficiency and’’ after ‘‘including’’;
(5) in paragraph (22) by striking the period at the end
and inserting a semicolon;
(6) by redesignating paragraph (23) as paragraph (25);
and
(7) by inserting after paragraph (22) the following:
‘‘(23) services designed to support States, area agencies
on aging, and local service providers in carrying out and coordi-
nating activities for older individuals with respect to mental
health services, including outreach for, education concerning,
and screening for such services, and referral to such services
for treatment;
‘‘(24) activities to promote and disseminate information
about life-long learning programs, including opportunities for
distance learning; and’’.
SEC. 312. NUTRITION SERVICE.
After the part heading of part C of title III of the Older
Americans Act of 1965 (42 U.S.C. 3030e et seq.), insert the following:
‘‘SEC. 330. PURPOSES.
‘‘The purposes of this part are—
‘‘(1) to reduce hunger and food insecurity;
‘‘(2) to promote socialization of older individuals; and
42 USC
3030d–21.
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‘‘(3) to promote the health and well-being of older individ-
uals by assisting such individuals to gain access to nutrition
and other disease prevention and health promotion services
to delay the onset of adverse health conditions resulting from
poor nutritional health or sedentary behavior.’’.
SEC. 313. CONGREGATE NUTRITION PROGRAM.
Section 331 of the Older Americans Act of 1965 (42 U.S.C.
3030e) is amended—
(1) by striking ‘‘projects—’’ and inserting ‘‘projects
that—’’;
(2) in paragraph (1), by striking ‘‘which,’’;
(3) in paragraph (2), by striking ‘‘which’’; and
(4) by striking paragraph (3), and inserting the following:
‘‘(3) provide nutrition education, nutrition counseling, and
other nutrition services, as appropriate, based on the needs
of meal participants.’’.
SEC. 314. HOME DELIVERED NUTRITION SERVICES.
Section 336 of the Older Americans Act of 1965 (42 U.S.C.
3030f) is amended to read as follows:
‘‘SEC. 336. PROGRAM AUTHORIZED.
‘‘The Assistant Secretary shall establish and carry out a pro-
gram to make grants to States under State plans approved under
section 307 for the establishment and operation of nutrition projects
for older individuals that provide—
‘‘(1) on 5 or more days a week (except in a rural area
where such frequency is not feasible (as defined by the Assistant
Secretary by rule) and a lesser frequency is approved by the
State agency) at least 1 home delivered meal per day, which
may consist of hot, cold, frozen, dried, canned, fresh, or supple-
mental foods and any additional meals that the recipient of
a grant or contract under this subpart elects to provide; and
‘‘(2) nutrition education, nutrition counseling, and other
nutrition services, as appropriate, based on the needs of meal
recipients.’’.
SEC. 315. CRITERIA.
Section 337 of the Older Americans Act of 1965 (42 U.S.C.
3030g) is amended to read as follows:
‘‘SEC. 337. CRITERIA.
‘‘The Assistant Secretary, in consultation with recognized
experts in the fields of nutrition science, dietetics, meal planning
and food service management, and aging, shall develop minimum
criteria of efficiency and quality for the furnishing of home delivered
meal services for projects described in section 336.’’.
SEC. 316. NUTRITION.
Section 339 of the Older Americans Act of 1965 (42 U.S.C.
3030g–21) is amended—
(1) in paragraph (1), to read as follows:
‘‘(1) solicit the expertise of a dietitian or other individual
with equivalent education and training in nutrition science,
or if such an individual is not available, an individual with
comparable expertise in the planning of nutritional services,
and’’; and
(2) in paragraph (2)—
Grants.
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(A) in subparagraph (A)—
(i) in clause (i), to read as follows:
‘‘(i) comply with the most recent Dietary Guidelines
for Americans, published by the Secretary and the
Secretary of Agriculture, and’’; and
(ii) in clause (ii)(I), by striking ‘‘daily recommended
dietary allowances as’’ and inserting ‘‘dietary reference
intakes’’;
(B) in subparagraph (D), by inserting ‘‘joint’’ after
‘‘encourages’’;
(C) in subparagraph (G), to read as follows:
‘‘(G) ensures that meal providers solicit the advice and
expertise of—
‘‘(i) a dietitian or other individual described in
paragraph (1),
‘‘(ii) meal participants, and
‘‘(iii) other individuals knowledgeable with regard
to the needs of older individuals,’’;
(D) in subparagraph (H), by striking ‘‘and accompany’’;
(E) in subparagraph (I), by striking ‘‘and’’ at the end;
and
(F) by striking subparagraph (J) and inserting the
following:
‘‘(J) provides for nutrition screening and nutrition edu-
cation, and nutrition assessment and counseling if appro-
priate, and
‘‘(K) encourages individuals who distribute nutrition
services under subpart 2 to provide, to homebound older
individuals, available medical information approved by
health care professionals, such as informational brochures
and information on how to get vaccines, including vaccines
for influenza, pneumonia, and shingles, in the individuals’
communities.’’.
SEC. 317. STUDY OF NUTRITION PROJECTS.
(a) STUDY.—
(1) IN GENERAL.—The Assistant Secretary for Aging shall
use funds allocated in section 206(g) of the Older Americans
Act of 1965 (42 U.S.C. 3017(g)) to enter into a contract with
the Food and Nutrition Board of the Institute of Medicine
of the National Academy of Sciences, for the purpose of estab-
lishing an independent panel of experts that will conduct an
evidence-based study of the nutrition projects authorized by
such Act.
(2) STUDY.—Such study shall, to the extent data are avail-
able, include—
(A) an evaluation of the effect of the nutrition projects
authorized by such Act on—
(i) improvement of the health status, including
nutritional status, of participants in the projects;
(ii) prevention of hunger and food insecurity of
the participants; and
(iii) continuation of the ability of the participants
to live independently;
(B) a cost-benefit analysis of nutrition projects author-
ized by such Act, including the potential to affect costs
Contracts.
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of the Medicaid program under title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.); and
(C) an analysis of how and recommendations for how
nutrition projects authorized by such Act may be modified
to improve the outcomes described in subparagraph (A),
including recommendations for improving the nutritional
quality of the meals provided through the projects and
undertaking other potential strategies to improve the nutri-
tional status of the participants.
(b) REPORTS.—
(1) REPORT
TO
THE
ASSISTANT
SECRETARY.—The panel
described in subsection (a)(1) shall submit to the Assistant
Secretary a report containing the results of the evidence-based
study described in subsection (a), including any recommenda-
tions described in subsection (a)(2)(C).
(2) REPORT TO CONGRESS.—The Assistant Secretary shall
submit a report containing the results described in paragraph
(1) to the Committee on Education and the Workforce of the
House of Representatives and the Committee on Health, Edu-
cation, Labor, and Pensions of the Senate.
SEC. 318. SENSE OF CONGRESS RECOGNIZING THE CONTRIBUTION
OF NUTRITION TO THE HEALTH OF OLDER ADULTS.
(a) FINDINGS.—Congress finds that—
(1) good nutrition is vital to good health, and a diet based
on the Dietary Guidelines for Americans may reduce the risk
of chronic diseases such as cardiovascular disease, osteoporosis,
diabetes, macular degeneration, and cancer;
(2) the American Dietetic Association and the American
Academy of Family Physicians have estimated that the percent-
age of older adults who are malnourished is estimated at 20
to 60 percent for those who are in home care and at 40 to
85 percent for those who are in nursing homes;
(3) the Institute of Medicine of the National Academy of
Sciences has estimated that approximately 40 percent of
community-residing persons age 65 and older have inadequate
nutrient intakes;
(4) older adults are susceptible to nutrient deficiencies for
a number of reasons, including a reduced capacity to absorb
and utilize nutrients, difficulty chewing, and loss of appetite;
(5) while diet is the preferred source of nutrition, evidence
suggests that the use of a single daily multivitamin-mineral
supplement may be an effective way to address nutritional
gaps that exist among the elderly population, especially the
poor; and
(6) the Dietary Guidelines for Americans state that multi-
vitamin-mineral supplements may be useful when they fill a
specific identified nutrient gap that cannot be or is not other-
wise being met by the individual’s intake of food.
(b) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) meal programs funded by the Older Americans Act
of 1965 contribute to the nutritional health of older adults;
(2) when the nutritional needs of older adults are not
fully met by diet, use of a single, daily multivitamin-mineral
supplement may help prevent nutrition deficiencies common
in many older adults;
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(3) use of a single, daily multivitamin-mineral supplement
can be a safe and inexpensive strategy to help ensure the
nutritional health of older adults; and
(4) nutrition service providers under the Older Americans
Act of 1965 should consider whether individuals participating
in congregate and home-delivered meal programs would benefit
from a single, daily multivitamin-mineral supplement that is
in compliance with all applicable government quality standards
and provides at least 2⁄3 of the essential vitamins and minerals
at 100 percent of the daily value levels as determined by
the Commissioner of Food and Drugs.
SEC. 319. IMPROVING INDOOR AIR QUALITY IN BUILDINGS WHERE
OLDER INDIVIDUALS CONGREGATE.
Section 361 of the Older Americans Act of 1965 (42 U.S.C.
3030m) is amended by adding at the end the following:
‘‘(c) The Assistant Secretary shall work in consultation with
qualified experts to provide information on methods of improving
indoor air quality in buildings where older individuals congregate.’’.
SEC. 320. CAREGIVER SUPPORT PROGRAM DEFINITIONS.
Section 372 of the National Family Caregiver Support Act
(42 U.S.C. 3030s) is amended—
(1) in paragraph (1), by inserting ‘‘or who is an individual
with a disability’’ after ‘‘age’’;
(2) in paragraph (3)—
(A) by striking ‘‘a child by blood or marriage’’ and
inserting ‘‘a child by blood, marriage, or adoption’’; and
(B) by striking ‘‘60’’ and inserting ‘‘55’’;
(3) by inserting before ‘‘In this subpart’’ the following: ‘‘(a)
IN GENERAL.—’’;
(4) by striking paragraph (2);
(5) by redesignating paragraph (3) as paragraph (2);
(6) by adding at the end the following:
‘‘(b) RULE.—In providing services under this subpart—
‘‘(1) for family caregivers who provide care for individuals
with Alzheimer’s disease and related disorders with neuro-
logical and organic brain dysfunction, the State involved shall
give priority to caregivers who provide care for older individuals
with such disease or disorder; and
‘‘(2) for grandparents or older individuals who are relative
caregivers, the State involved shall give priority to caregivers
who provide care for children with severe disabilities.’’.
SEC. 321. CAREGIVER SUPPORT PROGRAM.
Section 373 of the National Family Caregiver Support Act
(42 U.S.C. 3030s–1) is amended—
(1) in subsection (b)(3), by striking ‘‘caregivers to assist’’
and all that follows through the end and inserting the following:
‘‘assist the caregivers in the areas of health, nutrition, and
financial literacy, and in making decisions and solving problems
relating to their caregiving roles;’’;
(2) in subsection (c)—
(A) in paragraph (1)(B), by striking ‘‘subparagraph
(A)(i) or (B) of section 102(28)’’ and inserting ‘‘subparagraph
(A)(i) or (B) of section 102(22)’’; and
(B) by striking paragraph (2) and inserting the fol-
lowing:
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‘‘(2) PRIORITY.—In providing services under this subpart,
the State, in addition to giving the priority described in section
372(b), shall give priority—
‘‘(A) to caregivers who are older individuals with
greatest social need, and older individuals with greatest
economic need (with particular attention to low-income
older individuals); and
‘‘(B) to older individuals providing care to individuals
with severe disabilities, including children with severe
disabilities.’’;
(3) in subsection (d), to read as follows:
‘‘(d) USE OF VOLUNTEERS.—In carrying out this subpart, each
area agency on aging shall make use of trained volunteers to
expand the provision of the available services described in sub-
section (b) and, if possible, work in coordination with organizations
that have experience in providing training, placement, and stipends
for volunteers or participants (such as organizations carrying out
Federal service programs administered by the Corporation for
National and Community Service), in community service settings.’’;
(4) in subsection (e)(3), by adding at the end the following:
‘‘The reports shall describe any mechanisms used in the State
to provide to persons who are family caregivers, or grandparents
or older individuals who are relative caregivers, information
about and access to various services so that the persons can
better carry out their care responsibilities.’’;
(5) in subsection (f)(1), by striking ‘‘2001 through 2005’’
and inserting ‘‘2007, 2008, 2009, 2010, and 2011’’; and
(6) in subsection (g)(2)(C), by inserting ‘‘of a child who
is not more than 18 years of age’’ before the period at the
end.
SEC. 322. NATIONAL INNOVATION.
Subpart 2 of part E of title III of the Older Americans Act
of 1965 (42 U.S.C. 3030s–11 et seq.) is repealed.
TITLE IV—ACTIVITIES FOR HEALTH,
INDEPENDENCE, AND LONGEVITY
SEC. 401. TITLE.
The Older Americans Act of 1965 is amended by inserting
before section 401 (42 U.S.C. 3031) the following:
‘‘TITLE IV—ACTIVITIES FOR HEALTH,
INDEPENDENCE, AND LONGEVITY’’.
SEC. 402. GRANT PROGRAMS.
Section 411 of the Older Americans Act of 1965 (42 U.S.C.
3032) is amended—
(1) in subsection (a)—
(A) in paragraph (8), by striking ‘‘and’’ at the end;
(B) by redesignating paragraph (9) as paragraph (13);
and
(C) by inserting after paragraph (8) the following:
42 USC
3030s–11,
3030s–12.
Reports.
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‘‘(9) planning activities to prepare communities for the
aging of the population, which activities may include—
‘‘(A) efforts to assess the aging population;
‘‘(B) activities to coordinate the activities of State and
local agencies in order to meet the needs of older individ-
uals; and
‘‘(C) training and technical assistance to support
States, area agencies on aging, and organizations receiving
grants under title VI, in engaging in community planning
activities;
‘‘(10) the development, implementation, and assessment
of technology-based service models and best practices, to sup-
port the use of health monitoring and assessment technologies,
communication devices, assistive technologies, and other tech-
nologies that may remotely connect family and professional
caregivers to frail older individuals residing in home and
community-based settings or rural areas;
‘‘(11) conducting activities of national significance to pro-
mote quality and continuous improvement in the support pro-
vided to family and other informal caregivers of older individ-
uals through activities that include program evaluation,
training, technical assistance, and research, including—
‘‘(A) programs addressing unique issues faced by rural
caregivers;
‘‘(B) programs focusing on the needs of older individ-
uals with cognitive impairment such as Alzheimer’s disease
and related disorders with neurological and organic brain
dysfunction, and their caregivers; and
‘‘(C) programs supporting caregivers in the role they
play in providing disease prevention and health promotion
services;
‘‘(12) building public awareness of cognitive impairments
such as Alzheimer’s disease and related disorders with neuro-
logical and organic brain dysfunction, depression, and mental
disorders; and’’; and
(2) in subsection (b), by striking ‘‘year’’ and all that follows
through ‘‘years’’ and inserting ‘‘years 2007, 2008, 2009, 2010,
and 2011’’.
SEC. 403. CAREER PREPARATION FOR THE FIELD OF AGING.
Section 412(a) of the Older Americans Act of 1965 (42 U.S.C.
3032a(a)) is amended to read as follows:
‘‘(a) GRANTS.—The Assistant Secretary shall make grants to
institutions of higher education, including historically Black colleges
or universities, Hispanic-serving institutions, and Hispanic Centers
of Excellence in Applied Gerontology, to provide education and
training that prepares students for careers in the field of aging.’’.
SEC. 404. HEALTH CARE SERVICE DEMONSTRATION PROJECTS IN
RURAL AREAS.
Section 414 of the Older Americans Act of 1965 (42 U.S.C.
3032c) is amended—
(1) in subsection (a), by inserting ‘‘mental health services,’’
after ‘‘care,’’; and
(2) in subsection (b)(1)(B)(i), by inserting ‘‘mental health,’’
after ‘‘health,’’.
Minorities.
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SEC. 405. TECHNICAL ASSISTANCE AND INNOVATION TO IMPROVE
TRANSPORTATION FOR OLDER INDIVIDUALS.
Section 416 of the Older Americans Act of 1965 (42 U.S.C.
3032e) is amended to read as follows:
‘‘SEC. 416. TECHNICAL ASSISTANCE AND INNOVATION TO IMPROVE
TRANSPORTATION FOR OLDER INDIVIDUALS.
‘‘(a) IN GENERAL.—The Secretary may award grants or contracts
to nonprofit organizations to improve transportation services for
older individuals.
‘‘(b) USE OF FUNDS.—
‘‘(1) IN
GENERAL.—A nonprofit organization receiving a
grant or contract under subsection (a) shall use the funds
received through such grant or contract to carry out a dem-
onstration project, or to provide technical assistance to assist
local transit providers, area agencies on aging, senior centers,
and local senior support groups, to encourage and facilitate
coordination of Federal, State, and local transportation services
and resources for older individuals. The organization may use
the funds to develop and carry out an innovative transportation
demonstration project to create transportation services for older
individuals.
‘‘(2) SPECIFIC ACTIVITIES.—In carrying out a demonstration
project or providing technical assistance under paragraph (1)
the organization may carry out activities that include—
‘‘(A) developing innovative approaches for improving
access by older individuals to transportation services,
including volunteer driver programs, economically sustain-
able transportation programs, and programs that allow
older individuals to transfer their automobiles to a provider
of transportation services in exchange for the services;
‘‘(B) preparing information on transportation options
and resources for older individuals and organizations
serving such individuals, and disseminating the informa-
tion by establishing and operating a toll-free telephone
number;
‘‘(C) developing models and best practices for providing
comprehensive integrated transportation services for older
individuals, including services administered by the Sec-
retary of Transportation, by providing ongoing technical
assistance to agencies providing services under title III
and by assisting in coordination of public and community
transportation services; and
‘‘(D) providing special services to link older individuals
to transportation services not provided under title III.
‘‘(c) ECONOMICALLY SUSTAINABLE TRANSPORTATION.—In this
section, the term ‘economically sustainable transportation’ means
demand responsive transportation for older individuals—
‘‘(1) that may be provided through volunteers; and
‘‘(2) that the provider will provide without receiving Federal
or other public financial assistance, after a period of not more
than 5 years of providing the services under this section.’’.
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SEC. 406. DEMONSTRATION, SUPPORT, AND RESEARCH PROJECTS FOR
MULTIGENERATIONAL ACTIVITIES AND CIVIC ENGAGE-
MENT ACTIVITIES.
Section 417 of the Older Americans Act of 1965 (42 U.S.C.
3032f) is amended to read as follows:
‘‘SEC. 417. DEMONSTRATION, SUPPORT, AND RESEARCH PROJECTS
FOR MULTIGENERATIONAL AND CIVIC ENGAGEMENT
ACTIVITIES.
‘‘(a) GRANTS AND CONTRACTS.—The Assistant Secretary shall
award grants and enter into contracts with eligible organizations
to carry out projects to—
‘‘(1) provide opportunities for older individuals to partici-
pate in multigenerational activities and civic engagement activi-
ties designed to meet critical community needs, and use the
full range of time, skills, and experience of older individuals,
including demonstration and support projects that—
‘‘(A) provide support for grandparents and other older
individuals who are relative caregivers raising children
(such as kinship navigator programs); or
‘‘(B) involve volunteers who are older individuals who
provide support and information to families who have a
child with a disability or chronic illness, or other families
in need of such family support; and
‘‘(2) coordinate multigenerational activities and civic
engagement activities, promote volunteerism, and facilitate
development of and participation in multigenerational activities
and civic engagement activities.
‘‘(b) USE OF FUNDS.—An eligible organization shall use funds
made available under a grant awarded, or a contract entered into,
under this section to—
‘‘(1) carry out a project described in subsection (a); and
‘‘(2) evaluate the project in accordance with subsection
(f).
‘‘(c) PREFERENCE.—In awarding grants and entering into con-
tracts to carry out a project described in subsection (a), the Assistant
Secretary shall give preference to—
‘‘(1) eligible organizations with a demonstrated record of
carrying out multigenerational activities or civic engagement
activities;
‘‘(2) eligible organizations proposing multigenerational
activity projects that will serve older individuals and commu-
nities with the greatest need (with particular attention to low-
income minority individuals, older individuals with limited
English proficiency, older individuals residing in rural areas,
and low-income minority communities);
‘‘(3) eligible organizations proposing civic engagement
projects that will serve communities with the greatest need;
and
‘‘(4) eligible organizations with the capacity to develop
meaningful roles and assignments that use the time, skills,
and experience of older individuals to serve public and nonprofit
organizations.
‘‘(d) APPLICATION.—To be eligible to receive a grant or enter
into a contract under subsection (a), an organization shall submit
an application to the Assistant Secretary at such time, in such
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manner, and accompanied by such information as the Assistant
Secretary may reasonably require.
‘‘(e) ELIGIBLE ORGANIZATIONS.—Organizations eligible to receive
a grant or enter into a contract under subsection (a)—
‘‘(1) to carry out activities described in subsection (a)(1),
shall be organizations that provide opportunities for older
individuals to participate in activities described in subsection
(a)(1); and
‘‘(2) to carry out activities described in subsection (a)(2),
shall be organizations with the capacity to conduct the coordina-
tion, promotion, and facilitation described in subsection (a)(2),
through the use of multigenerational coordinators.
‘‘(f) LOCAL EVALUATION AND REPORT.—
‘‘(1) EVALUATION.—Each organization receiving a grant or
a contract under subsection (a) to carry out a project described
in subsection (a) shall evaluate the multigenerational activities
or civic engagement activities carried out under the project
to determine—
‘‘(A) the effectiveness of the activities involved;
‘‘(B) the impact of such activities on the community
being served and the organization providing the activities;
and
‘‘(C) the impact of such activities on older individuals
involved in such project.
‘‘(2) REPORT.—The organization shall submit a report to
the Assistant Secretary containing the evaluation not later
than 6 months after the expiration of the period for which
the grant or contract is in effect.
‘‘(g) REPORT
TO CONGRESS.—Not later than 6 months after
the Assistant Secretary receives the reports described in subsection
(f)(2), the Assistant Secretary shall prepare and submit to the
Speaker of the House of Representatives and the President pro
tempore of the Senate a report that assesses the evaluations and
includes, at a minimum—
‘‘(1) the names or descriptive titles of the projects funded
under subsection (a);
‘‘(2) a description of the nature and operation of the
projects;
‘‘(3) the names and addresses of organizations that con-
ducted the projects;
‘‘(4) in the case of projects carried out under subsection
(a)(1), a description of the methods and success of the projects
in recruiting older individuals as employees and as volunteers
to participate in the projects;
‘‘(5) in the case of projects carried out under subsection
(a)(1), a description of the success of the projects in retaining
older individuals participating in the projects as employees
and as volunteers;
‘‘(6) in the case of projects carried out under subsection
(a)(1), the rate of turnover of older individual employees and
volunteers in the projects;
‘‘(7) a strategy for disseminating the findings resulting
from the projects described in paragraph (1); and
‘‘(8) any policy change recommendations relating to the
projects.
‘‘(h) DEFINITIONS.—As used in this section:
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‘‘(1) 
MULTIGENERATIONAL
ACTIVITY.—The 
term
‘multigenerational activity’ means an activity that provides an
opportunity for interaction between 2 or more individuals of
different generations, including activities connecting older
individuals and youth in a child care program, a youth day
care program, an educational assistance program, an at-risk
youth intervention program, a juvenile delinquency treatment
program, a before- or after-school program, a library program,
or a family support program.
‘‘(2) 
MULTIGENERATIONAL
COORDINATOR.—The 
term
‘multigenerational coordinator’ means a person who—
‘‘(A) builds the capacity of public and nonprofit
organizations to develop meaningful roles and assignments,
that use the time, skill, and experience of older individuals
to serve those organizations; and
‘‘(B) nurtures productive, sustainable working relation-
ships between—
‘‘(i) individuals from the generations with older
individuals; and
‘‘(ii) individuals in younger generations.’’.
SEC. 407. NATIVE AMERICAN PROGRAMS.
Section 418(a)(2)(B)(i) of the Older Americans Act of 1965 (42
U.S.C. 3032g(a)(2)(B)(i)) is amended by inserting ‘‘(including mental
health)’’ after ‘‘health’’.
SEC. 408. MULTIDISCIPLINARY CENTERS AND MULTIDISCIPLINARY
SYSTEMS.
Section 419 of the Older Americans Act of 1965 (42 U.S.C.
3032h) is amended—
(1) by striking the title and inserting the following:
‘‘SEC. 419. MULTIDISCIPLINARY CENTERS AND MULTIDISCIPLINARY
SYSTEMS.’’;
(2)(A) in subsection (b)(2), by redesignating subparagraphs
(A) through (G) as clauses (i) through (vii), respectively;
(B) in subsection (c)(2), by redesignating subparagraphs
(A) through (D) as clauses (i) through (iv), respectively; and
(C) by aligning the margins of the clauses described in
subparagraphs (A) and (B) with the margins of clause (iv)
of section 418(a)(2)(A) of such Act;
(3)(A) in subsection (b), by redesignating paragraphs (1)
and (2) as subparagraphs (A) and (B), respectively;
(B) in subsection (c), by redesignating paragraphs (1) and
(2) as subparagraphs (A) and (B), respectively; and
(C) by aligning the margins of the subparagraphs described
in subparagraphs (A) and (B) with the margins of subparagraph
(D) of section 420(a)(1) of such Act;
(4) in subsection (a), by striking ‘‘(a)’’ and all that follows
through ‘‘The’’ and inserting the following:
‘‘(a) MULTIDISCIPLINARY CENTERS.—
‘‘(1) PROGRAM AUTHORIZED.—The’’;
(5) in subsection (b)—
(A) by striking the following:
‘‘(b) USE OF FUNDS.—’’ and inserting the following:
‘‘(2) USE OF FUNDS.—’’; and
(B) by striking ‘‘subsection (a)’’ each place it appears
and inserting ‘‘paragraph (1)’’;
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(6) in subsection (c)—
(A) by striking the following:
‘‘(c) DATA.—’’ and inserting the following:
‘‘(3) DATA.—’’;
(B) by striking ‘‘subsection (a)’’ and inserting ‘‘para-
graph (1)’’;
(C) by striking ‘‘such subsection’’ and inserting ‘‘such
paragraph’’;
(D) by striking ‘‘paragraph (1)’’ and inserting ‘‘subpara-
graph (A)’’; and
(E) by striking ‘‘this section’’ and inserting ‘‘this sub-
section’’;
(7) in subsection (a) (as so redesignated)—
(A) in paragraph (1), by inserting ‘‘diverse populations
of older individuals residing in urban communities,’’ after
‘‘minority populations,’’;
(B) in paragraph (2)(B)—
(C)(i) in clause (v), by inserting ‘‘, including information
about best practices in long-term care service delivery,
housing, and transportation’’ before the semicolon at the
end;
(ii) in clause (vi)—
(I) by striking ‘‘consultation and’’;
(II) by inserting ‘‘and other technical assistance’’
after ‘‘information’’; and
(III) by striking ‘‘and’’ at the end;
(iii) in clause (vii), by striking the period at the end
and inserting ‘‘; and’’; and
(iv) by adding at the end the following:
‘‘(viii) provide training and technical assistance to
support the provision of community-based mental
health services for older individuals.’’; and
(8) by adding at the end the following:
‘‘(b) MULTIDISCIPLINARY HEALTH SERVICES IN COMMUNITIES.—
‘‘(1) PROGRAM AUTHORIZED.—The Assistant Secretary shall
make grants to States, on a competitive basis, for the develop-
ment and operation of—
‘‘(A) systems for the delivery of mental health screening
and treatment services for older individuals who lack access
to such services; and
‘‘(B) programs to—
‘‘(i) increase public awareness regarding the bene-
fits of prevention and treatment of mental disorders
in older individuals;
‘‘(ii) reduce the stigma associated with mental dis-
orders in older individuals and other barriers to the
diagnosis and treatment of the disorders; and
‘‘(iii) reduce age-related prejudice and discrimina-
tion regarding mental disorders in older individuals.
‘‘(2) APPLICATION.—To be eligible to receive a grant under
this subsection for a State, a State agency shall submit an
application to the Assistant Secretary at such time, in such
manner, and containing such information as the Assistant Sec-
retary may require.
‘‘(3) STATE ALLOCATION AND PRIORITIES.—A State agency
that receives funds through a grant made under this subsection
shall allocate the funds to area agencies on aging to carry
Grants.
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out this subsection in planning and service areas in the State.
In allocating the funds, the State agency shall give priority
to planning and service areas in the State—
‘‘(A) that are medically underserved; and
‘‘(B) in which there are large numbers of older individ-
uals.
‘‘(4) AREA COORDINATION OF SERVICES WITH OTHER PRO-
VIDERS.—In carrying out this subsection, to more efficiently
and effectively deliver services to older individuals, each area
agency on aging shall—
‘‘(A) coordinate services described in subparagraphs
(A) and (B) of paragraph (1) with such services or similar
or related services of other community agencies, and vol-
untary organizations; and
‘‘(B) to the greatest extent practicable, integrate out-
reach and educational activities with such activities of
existing (as of the date of the integration) social service
and health care (including mental health) providers serving
older individuals in the planning and service area involved.
‘‘(5) RELATIONSHIP
TO
OTHER
FUNDING
SOURCES.—Funds
made available under this subsection shall supplement, and
not supplant, any Federal, State, and local funds expended
by a State or unit of general purpose local government
(including an area agency on aging) to provide the services
described in subparagraphs (A) and (B) of paragraph (1).
‘‘(6) DEFINITION.—In this subsection, the term ‘mental
health screening and treatment services’ means patient
screening, diagnostic services, care planning and oversight,
therapeutic interventions, and referrals, that are—
‘‘(A) provided pursuant to evidence-based intervention
and treatment protocols (to the extent such protocols are
available) for mental disorders prevalent in older individ-
uals; and
‘‘(B) coordinated and integrated with the services of
social service and health care (including mental health)
providers in an area in order to—
‘‘(i) improve patient outcomes; and
‘‘(ii) ensure, to the maximum extent feasible, the
continuing independence of older individuals who are
residing in the area.’’.
SEC. 409. COMMUNITY INNOVATIONS FOR AGING IN PLACE.
Part A of title IV of the Older Americans Act of 1965 (42
U.S.C. 3031 et seq.) is amended by adding at the end the following:
‘‘SEC. 422. COMMUNITY INNOVATIONS FOR AGING IN PLACE.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible entity’—
‘‘(A) means a nonprofit health or social service
organization, a community-based nonprofit organization,
an area agency on aging or other local government agency,
a tribal organization, or another entity that—
‘‘(i) the Assistant Secretary determines to be appro-
priate to carry out a project under this part; and
‘‘(ii) demonstrates a record of, and experience in,
providing or administering group and individual health
and social services for older individuals; and
42 USC 3032k.
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‘‘(B) does not include an entity providing housing under
the congregate housing services program carried out under
section 802 of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 8011) or the multifamily service
coordinator program carried out under section 202(g) of
the Housing Act of 1959 (12 U.S.C. 1701q(g)).
‘‘(2) NATURALLY OCCURRING RETIREMENT COMMUNITY.—The
term ‘Naturally Occurring Retirement Community’ means a
community with a concentrated population of older individuals,
which may include a residential building, a housing complex,
an area (including a rural area) of single family residences,
or a neighborhood composed of age-integrated housing—
‘‘(A) where—
‘‘(i) 40 percent of the heads of households are older
individuals; or
‘‘(ii) a critical mass of older individuals exists,
based on local factors that, taken in total, allow an
organization to achieve efficiencies in the provision
of health and social services to older individuals living
in the community; and
‘‘(B) that is not an institutional care or assisted living
setting.
‘‘(b) GRANTS.—
‘‘(1) IN
GENERAL.—The Assistant Secretary shall make
grants, on a competitive basis, to eligible entities to develop
and carry out model aging in place projects. The projects shall
promote aging in place for older individuals (including such
individuals who reside in Naturally Occurring Retirement
Communities), in order to sustain the independence of older
individuals. A recipient of a grant under this subsection shall
identify innovative strategies for providing, and linking older
individuals to programs and services that provide, comprehen-
sive and coordinated health and social services to sustain the
quality of life of older individuals and support aging in place.
‘‘(2) GRANT PERIODS.—The Assistant Secretary shall make
the grants for periods of 3 years.
‘‘(c) APPLICATIONS.—
‘‘(1) IN GENERAL.—To be eligible to receive a grant under
subsection (b) for a project, an entity shall submit an application
to the Assistant Secretary at such time, in such manner, and
containing such information as the Assistant Secretary may
require.
‘‘(2) CONTENTS.—The application shall include—
‘‘(A) a detailed description of the entity’s experience
in providing services to older individuals in age-integrated
settings;
‘‘(B) a definition of the contiguous service area and
a description of the project area in which the older individ-
uals reside or carry out activities to sustain their well-
being;
‘‘(C) the results of a needs assessment that identifies—
‘‘(i) existing (as of the date of the assessment)
community-based health and social services available
to individuals residing in the project area;
‘‘(ii) the strengths and gaps of such existing serv-
ices in the project area;
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‘‘(iii) the needs of older individuals who reside
in the project area; and
‘‘(iv) services not being delivered that would pro-
mote aging in place and contribute to the well-being
of older individuals residing in the project area;
‘‘(D) a plan for the development and implementation
of an innovative model for service coordination and delivery
within the project area;
‘‘(E) a description of how the plan described in subpara-
graph (D) will enhance existing services described in
subparagraph (C)(i) and support the goal of this section
to promote aging in place;
‘‘(F) a description of proposed actions by the entity
to prevent the duplication of services funded under a provi-
sion of this Act, other than this section, and a description
of how the entity will cooperate, and coordinate planning
and services (including any formal agreements), with agen-
cies and organizations that provide publicly supported serv-
ices for older individuals in the project area, including
the State agency and area agencies on aging with planning
and service areas in the project area;
‘‘(G) an assurance that the entity will seek to establish
cooperative relationships with interested local entities,
including private agencies and businesses that provide
health and social services, housing entities, community
development organizations, philanthropic organizations,
foundations, and other non-Federal entities;
‘‘(H) a description of the entity’s protocol for referral
of residents who may require long-term care services,
including coordination with local agencies, including area
agencies on aging and Aging and Disability Resource Cen-
ters that serve as single points of entry to public services;
‘‘(I) a description of how the entity will offer opportuni-
ties for older individuals to be involved in the governance,
oversight, and operation of the project;
‘‘(J) an assurance that the entity will submit to the
Assistant Secretary such evaluations and reports as the
Assistant Secretary may require; and
‘‘(K) a plan for long-term sustainability of the project.
‘‘(d) USE OF FUNDS.—
‘‘(1) IN GENERAL.—An eligible entity that receives a grant
under subsection (b) shall use the funds made available through
the grant to—
‘‘(A) ensure access by older individuals in the project
area to community-based health and social services con-
sisting of—
‘‘(i) case management, case assistance, and social
work services;
‘‘(ii) health care management and health care
assistance, including disease prevention and health
promotion services;
‘‘(iii) education, socialization, and recreational
activities; and
‘‘(iv) volunteer opportunities for project partici-
pants;
‘‘(B) conduct outreach to older individuals within the
project area; and
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‘‘(C) develop and implement innovative, comprehensive,
and cost-effective approaches for the delivery and coordina-
tion of community-based health and social services,
including those identified in subparagraph (A)(iv), which
may include mental health services, for eligible older
individuals.
‘‘(2) COORDINATION.—An eligible entity receiving a grant
under subsection (b) for a project shall coordinate activities
with organizations providing services funded under title III
to support such services for or facilitate the delivery of such
services to eligible older individuals served by the project.
‘‘(3) PREFERENCE.—In carrying out an aging in place
project, an eligible entity shall, to the extent practicable, serve
a community of low-income individuals and operate or locate
the project and services in or in close proximity to a location
where a large concentration of older individuals has aged in
place and resided, such as a Naturally Occurring Retirement
Community.
‘‘(4) SUPPLEMENT NOT SUPPLANT.—Funds made available
to an eligible entity under subsection (b) shall be used to
supplement, not supplant, any Federal, State, or other funds
otherwise available to the entity to provide health and social
services to eligible older individuals.
‘‘(e) COMPETITIVE GRANTS FOR TECHNICAL ASSISTANCE.—
‘‘(1) GRANTS.—The Assistant Secretary shall (or shall make
a grant, on a competitive basis, to an eligible nonprofit organiza-
tion, to enable the organization to)—
‘‘(A) provide technical assistance to recipients of grants
under subsection (b); and
‘‘(B) carry out other duties, as determined by the
Assistant Secretary.
‘‘(2) ELIGIBLE ORGANIZATION.—To be eligible to receive a
grant under this subsection, an organization shall be a nonprofit
organization (including a partnership of nonprofit organiza-
tions), that—
‘‘(A) has experience and expertise in providing technical
assistance to a range of entities serving older individuals
and experience evaluating and reporting on programs; and
‘‘(B) has demonstrated knowledge of and expertise in
community-based health and social services.
‘‘(3) APPLICATION.—To be eligible to receive a grant under
this subsection, an organization (including a partnership of
nonprofit organizations) shall submit an application to the
Assistant Secretary at such time, in such manner, and con-
taining such information as the Assistant Secretary may
require, including an assurance that the organization will
submit to the Assistant Secretary such evaluations and reports
as the Assistant Secretary may require.
‘‘(f) REPORT.—The Assistant Secretary shall annually prepare
and submit a report to Congress that shall include—
‘‘(1) the findings resulting from the evaluations of the model
projects conducted under this section;
‘‘(2) a description of recommended best practices regarding
carrying out health and social service projects for older individ-
uals aging in place; and
‘‘(3) recommendations for legislative or administrative
action, as the Assistant Secretary determines appropriate.’’.
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PUBLIC LAW 109–365—OCT. 17, 2006
SEC. 410. RESPONSIBILITIES OF ASSISTANT SECRETARY.
Section 432(c)(2)(B) of the Older Americans Act of 1965 (42
U.S.C. 3033a(c)(2)(B)) is amended by inserting ‘‘, including pre-
paring an analysis of such services, projects, and programs, and
of how the evaluation relates to improvements in such services,
projects, and programs and in the strategic plan of the Administra-
tion’’ before the period at the end.
TITLE V—OLDER AMERICAN COMMU-
NITY SERVICE EMPLOYMENT PRO-
GRAM
SEC. 501. COMMUNITY SERVICE SENIOR OPPORTUNITIES ACT.
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
SENIOR OPPORTUNITIES ACT
‘‘SEC. 501. SHORT TITLE.
‘‘This title may be cited as the ‘Community Service Senior
Opportunities Act’.
‘‘SEC. 502. OLDER AMERICAN COMMUNITY SERVICE EMPLOYMENT
PROGRAM.
‘‘(a) IN GENERAL.—
‘‘(1) ESTABLISHMENT OF PROGRAM.—To foster individual eco-
nomic self-sufficiency and promote useful opportunities in
community service activities (which shall include community
service employment) for unemployed low-income persons who
are age 55 or older, particularly persons who have poor employ-
ment prospects, 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 (referred
to in this title as the ‘Secretary’) may establish an older Amer-
ican community service employment program.
‘‘(2) USE
OF
APPROPRIATED
AMOUNTS.—Amounts appro-
priated to carry out this title shall be used only to carry
out the provisions contained in this title.
‘‘(b) GRANT AUTHORITY.—
‘‘(1) PROJECTS.—To carry out this title, the Secretary may
make grants to public and nonprofit private agencies and
organizations, agencies of a State, and tribal organizations
to carry out the program established under subsection (a).
Such grants may provide for the payment of costs, as provided
in subsection (c), of projects developed by such organizations
and agencies in cooperation with the Secretary in order to
make such program effective or to supplement such program.
The Secretary shall make the grants from allotments made
under section 506, and in accordance with section 514. No
payment shall be made by the Secretary toward the cost of
any project established or administered by such an organization
or agency unless the Secretary determines that such project—
42 USC 3056.
42 USC 3001
note.
Community
Service Senior
Opportunities
Act.
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‘‘(A) will provide community service employment only
for eligible individuals except for necessary technical,
administrative, and supervisory personnel, and such per-
sonnel will, to the fullest extent possible, be recruited from
among eligible individuals;
‘‘(B)(i) will provide community service employment and
other authorized activities 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 organiza-
tion that receives a grant under this subsection or receives
assistance from a State that receives a grant under this
subsection, will provide community service employment and
other authorized activities for such individuals, including
those who are Indians residing on an Indian reservation,
as defined in section 2601 of the Energy Policy Act of
1992 (25 U.S.C. 3501);
‘‘(C) will comply with an average participation cap
for eligible individuals (in the aggregate) of—
‘‘(i) 27 months; or
‘‘(ii) pursuant to the request of a grantee, an
extended period of participation established by the Sec-
retary for a specific project area for such grantee, up
to a period of not more than 36 months, if the Secretary
determines 
that 
extenuating 
circumstances 
exist
relating to the factors identified in section 513(a)(2)(D)
that justify such an extended period for the program
year involved;
‘‘(D) will employ eligible individuals in service related
to publicly owned and operated facilities and projects, or
projects sponsored by nonprofit organizations (excluding
political parties exempt from taxation under section
501(c)(3) of the Internal Revenue Code of 1986), but
excluding projects involving the construction, operation, or
maintenance of any facility used or to be used as a place
for sectarian religious instruction or worship;
‘‘(E) will contribute to the general welfare of the
community, which may include support for children, youth,
and families;
‘‘(F) will provide community service employment and
other authorized activities for eligible individuals;
‘‘(G)(i) will not reduce the number of employment
opportunities or vacancies that would otherwise be avail-
able to individuals not participating in the program;
‘‘(ii) will not displace currently employed workers
(including partial displacement, such as a reduction in
the hours of nonovertime work, wages, or employment bene-
fits);
‘‘(iii) will not impair existing contracts or result in
the substitution of Federal funds for other funds in connec-
tion with work that would otherwise be performed; and
‘‘(iv) will not employ or continue to employ any eligible
individual to perform the same work or substantially the
same work as that performed by any other individual who
is on layoff;
‘‘(H) will coordinate activities with training and other
services provided under title I of the Workforce Investment
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PUBLIC LAW 109–365—OCT. 17, 2006
Act of 1998 (29 U.S.C. 2801 et seq.), including utilizing
the one-stop delivery system of the local workforce invest-
ment areas involved to recruit eligible individuals to ensure
that the maximum number of eligible individuals will have
an opportunity to participate in the project;
‘‘(I) will include such training (such as work experience,
on-the-job training, and classroom training) as may be nec-
essary 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 subsist-
ence allowance equivalent to the wage described in
subparagraph (J);
‘‘(J) will ensure that safe and healthy employment
conditions will be provided, and will ensure that partici-
pants employed in community service and other jobs
assisted under this title will be paid wages that shall
not be lower than whichever is the highest of—
‘‘(i) the minimum wage that would be applicable
to such a participant under the Fair Labor Standards
Act of 1938 (29 U.S.C. 201 et seq.), if section 6(a)(1)
of such Act (29 U.S.C. 206(a)(1)) applied to the partici-
pant and if the participant were not exempt under
section 13 of such Act (29 U.S.C. 213);
‘‘(ii) the State or local minimum wage for the most
nearly comparable covered employment; or
‘‘(iii) the prevailing rates of pay for individuals
employed in similar public occupations by the same
employer;
‘‘(K) will be established or administered with the advice
of persons competent in the field of service in which commu-
nity service employment or other authorized activities are
being provided, and of persons who are knowledgeable
about the needs of older individuals;
‘‘(L) will authorize payment for necessary supportive
services costs (including transportation costs) of eligible
individuals that may be incurred in training in any project
funded under this title, in accordance with rules issued
by the Secretary;
‘‘(M) will ensure that, to the extent feasible, such
project will serve the needs of minority and Indian eligible
individuals, eligible individuals with limited English pro-
ficiency, and eligible individuals with greatest economic
need, at least in proportion to their numbers in the area
served and take into consideration their rates of poverty
and unemployment;
‘‘(N)(i) will prepare an assessment of the participants’
skills and talents and their needs for services, except to
the extent such project has, for the participant involved,
recently prepared an assessment of such skills and talents,
and such needs, pursuant to another employment or
training program (such as a program under the Workforce
Investment Act of 1998 (29 U.S.C. 2801 et seq.), the Carl
D. Perkins Career and Technical Education Act of 2006
(20 U.S.C. 2301 et seq.), or part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.)) and will prepare
a related service strategy;
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PUBLIC LAW 109–365—OCT. 17, 2006
‘‘(ii) will provide training and employment counseling
to eligible individuals based on strategies that identify
appropriate employment objectives and the need for sup-
portive services, developed as a result of the assessment
and service strategy provided for in clause (i), and provide
other appropriate information regarding such project; and
‘‘(iii) will provide counseling to participants on their
progress in meeting such objectives and satisfying their
need for supportive services;
‘‘(O) will provide appropriate services for participants,
or refer the participants to appropriate services, through
the one-stop delivery system of the local workforce invest-
ment areas involved as established under section 134(c)
of the Workforce Investment Act of 1998 (29 U.S.C.
2864(c)), and will be involved in the planning and oper-
ations of such system pursuant to a memorandum of under-
standing with the local workforce investment board in
accordance with section 121(c) of such Act (29 U.S.C.
2841(c));
‘‘(P) will post in such project workplace a notice, and
will make available to each person associated with such
project a written explanation—
‘‘(i) clarifying the law with respect to political
activities allowable and unallowable under chapter 15
of title 5, United States Code, applicable to the project
and to each category of individuals associated with
such project; and
‘‘(ii) containing the address and telephone number
of the Inspector General of the Department of Labor,
to whom questions regarding the application of such
chapter may be addressed;
‘‘(Q) will provide to the Secretary the description and
information described in—
‘‘(i) paragraph (8), relating to coordination with
other Federal programs, of section 112(b) of the
Workforce Investment Act of 1998 (29 U.S.C. 2822(b));
and
‘‘(ii) paragraph (14), relating to implementation
of one-stop delivery systems, of section 112(b) of the
Workforce Investment Act of 1998; and
‘‘(R) will ensure that entities that carry out activities
under the project (including State agencies, local entities,
subgrantees, and subcontractors) and affiliates of such enti-
ties receive an amount of the administrative cost allocation
determined by the Secretary, in consultation with grantees,
to be sufficient.
‘‘(2) REGULATIONS.—The Secretary may establish, issue,
and amend such regulations as may be necessary to effectively
carry out this title.
‘‘(3) ASSESSMENT AND SERVICE STRATEGIES.—
‘‘(A) PREPARED UNDER THIS ACT.—An assessment and
service strategy required by paragraph (1)(N) to be pre-
pared for an eligible individual shall satisfy any condition
for an assessment and service strategy or individual
employment plan for an adult participant under subtitle
B of title I of the Workforce Investment Act of 1998 (29
U.S.C. 2811 et seq.), in order to determine whether such
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PUBLIC LAW 109–365—OCT. 17, 2006
eligible individual also qualifies for intensive or training
services described in section 134(d) of such Act (29 U.S.C.
2864(d)).
‘‘(B) PREPARED UNDER WORKFORCE INVESTMENT ACT OF
1998.—An assessment and service strategy or individual
employment plan prepared under subtitle B of title I of
the Workforce Investment Act of 1998 (29 U.S.C. 2811
et seq.) for an eligible individual may be used to comply
with the requirement specified in subparagraph (A).
‘‘(c) FEDERAL SHARE AND USE OF FUNDS.—
‘‘(1) FEDERAL SHARE.—The Secretary may pay a Federal
share not to exceed 90 percent of the cost of any project for
which a grant is made under subsection (b), except that the
Secretary may pay all of such cost if such project is—
‘‘(A) an emergency or disaster project; or
‘‘(B) a project located in an economically depressed
area, as determined by the Secretary in consultation with
the Secretary of Commerce and the Secretary of Health
and Human Services.
‘‘(2) NON-FEDERAL SHARE.—The non-Federal share shall be
in cash or in kind. In determining the amount of the non-
Federal share, the Secretary may attribute fair market value
to services and facilities contributed from non-Federal sources.
‘‘(3) USE OF FUNDS FOR ADMINISTRATIVE COSTS.—Of the
grant amount to be paid under this subsection by the Secretary
for a project, not to exceed 13.5 percent shall be available
for any fiscal year to pay the administrative costs of such
project, except that—
‘‘(A) the Secretary may increase the amount available
to pay the administrative costs to an amount not to exceed
15 percent of the grant amount if the Secretary determines,
based on information submitted by the grantee under sub-
section (b), that such increase is necessary to carry out
such project; and
‘‘(B) if the grantee under subsection (b) demonstrates
to the Secretary that—
‘‘(i) major administrative cost increases are being
incurred in necessary program components, including
liability insurance, payments for workers’ compensa-
tion, costs associated with achieving unsubsidized
placement goals, and costs associated with other oper-
ation requirements imposed by the Secretary;
‘‘(ii) the number of community service employment
positions in the project or the number of minority
eligible individuals participating in the project will
decline if the amount available to pay the administra-
tive costs is not increased; or
‘‘(iii) the size of the project is so small that the
amount of administrative costs incurred to carry out
the project necessarily exceeds 13.5 percent of the grant
amount;
the Secretary shall increase the amount available for such
fiscal year to pay the administrative costs to an amount
not to exceed 15 percent of the grant amount.
‘‘(4) ADMINISTRATIVE
COSTS.—For purposes of this title,
administrative costs are the costs, both personnel-related and
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120 STAT. 2568
PUBLIC LAW 109–365—OCT. 17, 2006
nonpersonnel-related and both direct and indirect, associated
with the following:
‘‘(A) The costs of performing general administrative
functions and of providing for the coordination of functions,
such as the costs of—
‘‘(i) accounting, budgeting, and financial and cash
management;
‘‘(ii) procurement and purchasing;
‘‘(iii) property management;
‘‘(iv) personnel management;
‘‘(v) payroll functions;
‘‘(vi) coordinating the resolution of findings arising
from audits, reviews, investigations, and incident
reports;
‘‘(vii) audits;
‘‘(viii) general legal services;
‘‘(ix) developing systems and procedures, including
information systems, required for administrative func-
tions;
‘‘(x) preparing administrative reports; and
‘‘(xi) other activities necessary for the general
administration of government funds and associated
programs.
‘‘(B) The costs of performing oversight and monitoring
responsibilities related to administrative functions.
‘‘(C) The costs of goods and services required for
administrative functions of the project involved, including
goods and services such as rental or purchase of equipment,
utilities, office supplies, postage, and rental and mainte-
nance of office space.
‘‘(D) The travel costs incurred for official business in
carrying out administrative activities or overall manage-
ment.
‘‘(E) The costs of information systems related to
administrative functions (such as personnel, procurement,
purchasing, property management, accounting, and payroll
systems), including the purchase, systems development,
and operating costs of such systems.
‘‘(F) The costs of technical assistance, professional
organization membership dues, and evaluating results
obtained by the project involved against stated objectives.
‘‘(5) NON-FEDERAL SHARE OF ADMINISTRATIVE COSTS.—To
the extent practicable, an entity that carries out a project
under this title shall provide for the payment of the expenses
described in paragraph (4) from non-Federal sources.
‘‘(6) USE OF FUNDS FOR WAGES AND BENEFITS AND PRO-
GRAMMATIC ACTIVITY COSTS.—
‘‘(A) IN
GENERAL.—Amounts made available for a
project under this title that are not used to pay for the
administrative costs shall be used to pay for the costs
of programmatic activities, including the costs of—
‘‘(i) participant wages, such benefits as are
required by law (such as workers’ compensation or
unemployment compensation), the costs of physical
examinations, compensation for scheduled work hours
during which an employer’s business is closed for a
Federal holiday, and necessary sick leave that is not
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PUBLIC LAW 109–365—OCT. 17, 2006
part of an accumulated sick leave program, except
that no amounts provided under this title may be
used to pay the cost of pension benefits, annual leave,
accumulated sick leave, or bonuses;
‘‘(ii) participant training (including the payment
of reasonable costs of instructors, classroom rental,
training supplies, materials, equipment, and tuition),
which may be provided prior to or subsequent to place-
ment and which may be provided on the job, in a
classroom setting, or pursuant to other appropriate
arrangements;
‘‘(iii) job placement assistance, including job
development and job search assistance;
‘‘(iv) participant supportive services to enable a
participant to successfully participate in a project
under this title, which may include the payment of
reasonable costs of transportation, health and medical
services, special job-related or personal counseling,
incidentals (such as work shoes, badges, uniforms, eye-
glasses, and tools), child and adult care, temporary
shelter, and follow-up services; and
‘‘(v) outreach, recruitment and selection, intake,
orientation, and assessments.
‘‘(B) USE OF FUNDS FOR WAGES AND BENEFITS.—From
the funds made available through a grant made under
subsection (b), a grantee under this title—
‘‘(i) except as provided in clause (ii), shall use
not less than 75 percent of the grant funds to pay
the wages, benefits, and other costs described in
subparagraph (A)(i) for eligible individuals who are
employed under projects carried out under this title;
or
‘‘(ii) that obtains approval for a request described
in subparagraph (C) may use not less than 65 percent
of the grant funds to pay the wages, benefits, and
other costs described in subparagraph (A)(i).
‘‘(C) REQUEST
TO
USE
ADDITIONAL
FUNDS
FOR
PRO-
GRAMMATIC ACTIVITY COSTS.—
‘‘(i) IN GENERAL.—A grantee may submit to the
Secretary a request for approval—
‘‘(I) to use not less than 65 percent of the
grant funds to pay the wages, benefits, and other
costs described in subparagraph (A)(i);
‘‘(II) to use the percentage of grant funds
described in paragraph (3) to pay for administra-
tive costs, as specified in that paragraph;
‘‘(III) to use not more than 10 percent of the
grant funds for individual participants to provide
activities described in clauses (ii) and (iv) of
subparagraph (A), in which case the grantee shall
provide (from the funds described in this sub-
clause) the subsistence allowance described in sub-
section (b)(1)(I) for those individual participants
who are receiving training described in that sub-
section from the funds described in this subclause,
but may not use the funds described in this sub-
clause to pay for any administrative costs; and
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PUBLIC LAW 109–365—OCT. 17, 2006
‘‘(IV) to use the remaining grant funds to pro-
vide activities described in clauses (ii) through (v)
of subparagraph (A).
‘‘(ii) CONTENTS.—In submitting the request the
grantee shall include in the request—
‘‘(I) a description of the activities for which
the grantee will spend the grant funds described
in subclauses (III) and (IV) of clause (i), consistent
with those subclauses;
‘‘(II) an explanation documenting how the
provision of such activities will improve the
effectiveness of the project, including an expla-
nation concerning whether any displacement of
eligible individuals or elimination of positions for
such individuals will occur, information on the
number of such individuals to be displaced and
of such positions to be eliminated, and an expla-
nation concerning how the activities will improve
employment outcomes for individuals served, based
on the assessment conducted under subsection
(b)(1)(N); and
‘‘(III) a proposed budget and work plan for
the activities, including a detailed description of
the funds to be spent on the activities described
in subclauses (III) and (IV) of clause (i).
‘‘(iii) SUBMISSION.—The grantee shall submit a
request described in clause (i) not later than 90 days
before the proposed date of implementation contained
in the request. Not later than 30 days before the pro-
posed date of implementation, the Secretary shall
approve, approve as modified, or reject the request,
on the basis of the information included in the request
as described in clause (ii).
‘‘(D) REPORT.—Each grantee under subsection (b) shall
annually prepare and submit to the Secretary a report
documenting the grantee’s use of funds for activities
described in clauses (i) through (v) of subparagraph (A).
‘‘(d) PROJECT DESCRIPTION.—Whenever a grantee conducts a
project within a planning and service area in a State, such grantee
shall conduct such project in consultation with the area agency
on aging of the planning and service area and shall submit to
the State agency and the area agency on aging a description of
such project to be conducted in the State, including the location
of the project, 90 days prior to undertaking the project, for review
and public comment according to guidelines the Secretary shall
issue to assure efficient and effective coordination of projects under
this title.
‘‘(e) PILOT, DEMONSTRATION, AND EVALUATION PROJECTS.—
‘‘(1) IN GENERAL.—The Secretary, in addition to exercising
any other authority contained in this title, shall use funds
reserved under section 506(a)(1) to carry out demonstration
projects, pilot projects, and evaluation projects, for the purpose
of developing and implementing techniques and approaches,
and demonstrating the effectiveness of the techniques and
approaches, in addressing the employment and training needs
of eligible individuals. The Secretary shall enter into such
agreements with States, public agencies, nonprofit private
Contracts.
Deadline.
Deadlines.
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organizations, or private business concerns, as may be nec-
essary, to conduct the projects authorized by this subsection.
To the extent practicable, the Secretary shall provide an oppor-
tunity, prior to the development of a demonstration or pilot
project, for the appropriate area agency on aging to submit
comments on such a project in order to ensure coordination
of activities under this title.
‘‘(2) PROJECTS.—Such projects may include—
‘‘(A) activities linking businesses and eligible individ-
uals, including activities providing assistance to partici-
pants transitioning from subsidized activities to private
sector employment;
‘‘(B) demonstration projects and pilot projects designed
to—
‘‘(i) attract more eligible individuals into the labor
force;
‘‘(ii) improve the provision of services to eligible
individuals under one-stop delivery systems estab-
lished under title I of the Workforce Investment Act
of 1998 (29 U.S.C. 2801 et seq.);
‘‘(iii) enhance the technological skills of eligible
individuals; and
‘‘(iv) provide incentives to grantees under this title
for 
exemplary 
performance 
and 
incentives 
to
businesses to promote their participation in the pro-
gram under this title;
‘‘(C) demonstration projects and pilot projects, as
described in subparagraph (B), for workers who are older
individuals (but targeted to eligible individuals) only if
such demonstration projects and pilot projects are designed
to assist in developing and implementing techniques and
approaches in addressing the employment and training
needs of eligible individuals;
‘‘(D) provision of training and technical assistance to
support any project funded under this title;
‘‘(E) dissemination of best practices relating to employ-
ment of eligible individuals; and
‘‘(F) evaluation of the activities authorized under this
title.
‘‘(3) CONSULTATION.—To the extent practicable, entities car-
rying out projects under this subsection shall consult with
appropriate area agencies on aging and with other appropriate
agencies and entities to promote coordination of activities under
this title.
‘‘SEC. 503. ADMINISTRATION.
‘‘(a) STATE PLAN.—
‘‘(1) GOVERNOR.—For a State to be eligible to receive an
allotment under section 506, the Governor of the State shall
submit to the Secretary for consideration and approval, a single
State plan (referred to in this title as the ‘State plan’) that
outlines a 4-year strategy for the statewide provision of commu-
nity service employment and other authorized activities for
eligible individuals under this title. The plan shall contain
such provisions as the Secretary may require, consistent with
this title, including a description of the process used to ensure
the participation of individuals described in paragraph (2). Not
42 USC 3056a.
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less often than every 2 years, the Governor shall review the
State plan and submit an update to the State plan to the
Secretary for consideration and approval.
‘‘(2) RECOMMENDATIONS.—In developing the State plan
prior to its submission to the Secretary, the Governor shall
seek the advice and recommendations of—
‘‘(A) individuals representing the State agency and the
area agencies on aging in the State, and the State and
local workforce investment boards established under title
I of the Workforce Investment Act of 1998 (29 U.S.C. 2801
et seq.);
‘‘(B) individuals representing public and nonprofit pri-
vate agencies and organizations providing employment
services, including each grantee operating a project under
this title in the State; and
‘‘(C) individuals representing social service organiza-
tions providing services to older individuals, grantees under
title III of this Act, affected communities, unemployed older
individuals, community-based organizations serving the
needs of older individuals, business organizations, and
labor organizations.
‘‘(3) COMMENTS.—Any State plan submitted by the Gov-
ernor in accordance with paragraph (1) shall be accompanied
by copies of public comments relating to the plan received
pursuant to paragraph (7), and a summary of the comments.
‘‘(4) PLAN PROVISIONS.—The State plan shall identify and
address—
‘‘(A) the relationship that the number of eligible
individuals in each area bears to the total number of
eligible individuals, respectively, in the State;
‘‘(B) the relative distribution of eligible individuals
residing in rural and urban areas in the State; and
‘‘(C) the relative distribution of—
‘‘(i) eligible individuals who are individuals with
greatest economic need;
‘‘(ii) eligible individuals who are minority individ-
uals;
‘‘(iii) eligible individuals who are limited English
proficient; and
‘‘(iv) eligible individuals who are individuals with
greatest social need;
‘‘(D) the current and projected employment opportuni-
ties in the State (such as by providing information available
under section 15 of the Wagner-Peyser Act (29 U.S.C. 49l–
2) by occupation), and the type of skills possessed by local
eligible individuals;
‘‘(E) the localities and populations for which projects
of the type authorized by this title are most needed; and
‘‘(F) plans for facilitating the coordination of activities
of grantees in the State under this title with activities
carried out in the State under title I of the Workforce
Investment Act of 1998 (29 U.S.C. 2801 et seq.).
‘‘(5) GOVERNOR’S RECOMMENDATIONS.—Before a proposal for
a grant under this title for any fiscal year is submitted to
the Secretary, the Governor of the State in which projects
are proposed to be conducted under such grant shall be afforded
a reasonable opportunity to submit to the Secretary—
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PUBLIC LAW 109–365—OCT. 17, 2006
‘‘(A) recommendations regarding the anticipated effect
of each such proposal upon the overall distribution of enroll-
ment positions under this title in the State (including such
distribution among urban and rural areas), taking into
account the total number of positions to be provided by
all grantees in the State;
‘‘(B) any recommendations for redistribution of posi-
tions to underserved areas as vacancies occur in previously
encumbered positions in other areas; and
‘‘(C) in the case of any increase in funding that may
be available for use in the State under this title for the
fiscal year, any recommendations for distribution of newly
available positions in excess of those available during the
preceding year to underserved areas.
‘‘(6) DISRUPTIONS.—In developing a plan or considering a
recommendation under this subsection, the Governor shall
avoid disruptions in the provision of services for participants
to the greatest possible extent.
‘‘(7) DETERMINATION; REVIEW.—
‘‘(A) DETERMINATION.—In order to effectively carry out
this title, each State shall make the State plan available
for public comment. The Secretary, in consultation with
the Assistant Secretary, shall review the plan and make
a written determination with findings and a decision
regarding the plan.
‘‘(B) REVIEW.—The Secretary may review, on the Sec-
retary’s own initiative or at the request of any public
or private agency or organization or of any agency of the
State, the distribution of projects and services under this
title in the State, including the distribution between urban
and rural areas in the State. For each proposed reallocation
of projects or services in a State, the Secretary shall give
notice and opportunity for public comment.
‘‘(8) EXEMPTION.—The grantees that serve eligible individ-
uals who are older Indians or Pacific Island and Asian Ameri-
cans with funds reserved under section 506(a)(3) may not be
required to participate in the State planning processes
described in this section but shall collaborate with the Secretary
to develop a plan for projects and services to eligible individuals
who are Indians or Pacific Island and Asian Americans, respec-
tively.
‘‘(b) COORDINATION WITH OTHER FEDERAL PROGRAMS.—
‘‘(1) IN GENERAL.—The Secretary and the Assistant Sec-
retary shall coordinate the program carried out under this
title with programs carried out under other titles of this Act,
to increase employment opportunities available to older individ-
uals.
‘‘(2) PROGRAMS.—
‘‘(A) IN GENERAL.—The Secretary shall coordinate pro-
grams carried out under this title with the program carried
out under the Workforce Investment Act of 1998 (29 U.S.C.
2801 et seq.), the Community Services Block Grant Act
(42 U.S.C. 9901 et seq.), the Rehabilitation Act of 1973
(29 U.S.C. 701 et seq.), the Carl D. Perkins Career and
Technical Education Act of 2006 (20 U.S.C. 2301 et seq.),
the National and Community Service Act of 1990 (42 U.S.C.
12501 et seq.), and the Domestic Volunteer Service Act
Public comment.
Public comment.
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120 STAT. 2574
PUBLIC LAW 109–365—OCT. 17, 2006
of 1973 (42 U.S.C. 4950 et seq.). The Secretary shall coordi-
nate the administration of this title with the administration
of other titles of this Act by the Assistant Secretary to
increase the likelihood that eligible individuals for whom
employment opportunities under this title are available
and who need services under such titles receive such serv-
ices.
‘‘(B) USE OF FUNDS.—
‘‘(i) PROHIBITION.—Funds appropriated to carry out
this title may not be used to carry out any program
under the Workforce Investment Act of 1998, the
Community Services Block Grant Act, the Rehabilita-
tion Act of 1973, the Carl D. Perkins Career and Tech-
nical Education Act of 2006, the National and Commu-
nity Service Act of 1990, or the Domestic Volunteer
Service Act of 1973.
‘‘(ii) JOINT ACTIVITIES.—Clause (i) shall not be con-
strued to prohibit carrying out projects under this title
jointly with programs, projects, or activities under any
Act specified in clause (i), or from carrying out section
511.
‘‘(3) INFORMATIONAL MATERIALS ON AGE DISCRIMINATION.—
The Secretary shall distribute to grantees under this title,
for distribution to program participants, and at no cost to
grantees or participants, informational materials developed and
supplied by the Equal Employment Opportunity Commission
and other appropriate Federal agencies that the Secretary
determines are designed to help participants identify age
discrimination and to understand their rights under the Age
Discrimination in Employment Act of 1967 (29 U.S.C. 621 et
seq.).
‘‘(c) USE OF SERVICES, EQUIPMENT, PERSONNEL, AND FACILI-
TIES.—In carrying out this title, the Secretary may use the services,
equipment, personnel, and facilities of Federal and other agencies,
with their consent, with or without reimbursement, and on a similar
basis cooperate with other public and nonprofit private agencies
and organizations in the use of services, equipment, and facilities.
‘‘(d) PAYMENTS.—Payments under this title may be made in
advance or by way of reimbursement and in such installments
as the Secretary may determine.
‘‘(e) NO DELEGATION OF FUNCTIONS.—The Secretary shall not
delegate any function of the Secretary under this title to any other
Federal officer or entity.
‘‘(f) COMPLIANCE.—
‘‘(1) MONITORING.—The Secretary shall monitor projects
for which grants are made under this title to determine whether
the grantees are complying with rules and regulations issued
to carry out this title (including the statewide planning, con-
sultation, and coordination requirements of this title).
‘‘(2) COMPLIANCE
WITH
UNIFORM
COST
PRINCIPLES
AND
ADMINISTRATIVE
REQUIREMENTS.—Each grantee that receives
funds under this title shall comply with the applicable uniform
cost principles and appropriate administrative requirements
for grants and contracts that are applicable to the type of
entity that receives funds, as issued as circulars or rules of
the Office of Management and Budget.
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120 STAT. 2575
PUBLIC LAW 109–365—OCT. 17, 2006
‘‘(3) REPORTS.—Each grantee described in paragraph (2)
shall prepare and submit a report in such manner and con-
taining such information as the Secretary may require
regarding activities carried out under this title.
‘‘(4) RECORDS.—Each grantee described in paragraph (2)
shall keep records that—
‘‘(A) are sufficient to permit the preparation of reports
required by this title;
‘‘(B) are sufficient to permit the tracing of funds to
a level of expenditure adequate to ensure that the funds
have not been spent unlawfully; and
‘‘(C) contain any other information that the Secretary
determines to be appropriate.
‘‘(g) EVALUATIONS.—The Secretary shall establish by rule and
implement a process to evaluate, in accordance with section 513,
the performance of projects carried out and services provided under
this title. The Secretary shall report to Congress, and make avail-
able to the public, the results of each such evaluation and shall
use such evaluation to improve services delivered by, or the oper-
ation of, projects carried out under this title.
‘‘SEC. 504. PARTICIPANTS NOT FEDERAL EMPLOYEES.
‘‘(a) INAPPLICABILITY OF CERTAIN PROVISIONS COVERING FED-
ERAL EMPLOYEES.—Eligible individuals who are participants in any
project funded under this title shall not be considered to be Federal
employees as a result of such participation and shall not be subject
to part III of title 5, United States Code.
‘‘(b) WORKERS’ COMPENSATION.—No grant or subgrant shall
be made and no contract or subcontract shall be entered into under
this title with an entity who is, or whose employees are, under
State law, exempted from operation of the State workers’ compensa-
tion law, generally applicable to employees, unless the entity shall
undertake to provide either through insurance by a recognized
carrier or by self-insurance, as authorized by State law, that the
persons employed under the grant, subgrant, contract, or sub-
contract shall enjoy workers’ compensation coverage equal to that
provided by law for covered employment.
‘‘SEC. 505. INTERAGENCY COOPERATION.
‘‘(a) CONSULTATION WITH THE ASSISTANT SECRETARY.—The Sec-
retary shall consult with and obtain the written views of the Assist-
ant Secretary before issuing rules and before establishing general
policy in the administration of this title.
‘‘(b) CONSULTATION WITH HEADS OF OTHER AGENCIES.—The
Secretary shall consult and cooperate with the Secretary of Health
and Human Services (acting through officers including the Director
of the Office of Community Services), and the heads of other Federal
agencies that carry out programs related to the program carried
out under this title, in order to achieve optimal coordination of
the program carried out under this title with such related programs.
Each head of a Federal agency shall cooperate with the Secretary
in disseminating information relating to the availability of assist-
ance under this title and in promoting the identification and
interests of individuals eligible for employment in projects assisted
under this title.
‘‘(c) COORDINATION.—
‘‘(1) IN GENERAL.—The Secretary shall promote and coordi-
nate efforts to carry out projects under this title jointly with
42 USC 3056c.
42 USC 3056b.
Reports.
Public
information.
Regulations.
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PUBLIC LAW 109–365—OCT. 17, 2006
programs, projects, or activities carried out under other Acts,
especially activities provided under the Workforce Investment
Act of 1998 (29 U.S.C. 2801 et seq.), including activities pro-
vided through one-stop delivery systems established under sec-
tion 134(c)) of such Act (29 U.S.C. 2864(c)), that provide training
and employment opportunities to eligible individuals.
‘‘(2) COORDINATION
WITH
CERTAIN
ACTIVITIES.—The Sec-
retary shall consult with the Secretary of Education to promote
and coordinate efforts to carry out projects under this title
jointly with activities in which eligible individuals may partici-
pate that are carried out under the Carl D. Perkins Career
and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.).
‘‘SEC. 506. DISTRIBUTION OF ASSISTANCE.
‘‘(a) RESERVATIONS.—
‘‘(1) RESERVATION FOR PILOT DEMONSTRATION AND EVALUA-
TION PROJECTS.—Of the funds appropriated to carry out this
title for each fiscal year, the Secretary may first reserve not
more than 1.5 percent to carry out demonstration projects,
pilot projects, and evaluation projects under section 502(e).
‘‘(2) RESERVATION FOR TERRITORIES.—Of the funds appro-
priated to carry out this title for each fiscal year, the Secretary
shall reserve 0.75 percent, of which—
‘‘(A) Guam, American Samoa, and the United States
Virgin Islands shall each receive 30 percent of the funds
so reserved; and
‘‘(B) the Commonwealth of the Northern Mariana
Islands shall receive 10 percent of the funds so reserved.
‘‘(3) RESERVATION FOR ORGANIZATIONS.—Of the funds appro-
priated to carry out this title for each fiscal year, the Secretary
shall reserve such amount as may be necessary to make
national grants to public or nonprofit national Indian aging
organizations with the ability to provide community service
employment and other authorized activities for eligible individ-
uals who are Indians and to national public or nonprofit Pacific
Island and Asian American aging organizations with the ability
to provide community service employment and other authorized
activities for eligible individuals who are Pacific Island and
Asian Americans.
‘‘(b) STATE ALLOTMENTS.—The allotment for each State shall
be the sum of the amounts allotted for national grants in such
State under subsection (d) and for the grant to such State under
subsection (e).
‘‘(c) DIVISION BETWEEN NATIONAL GRANTS
AND GRANTS
TO
STATES.—The funds appropriated to carry out this title for any
fiscal year that remain after amounts are reserved under para-
graphs (1), (2), and (3) of subsection (a) shall be divided by the
Secretary between national grants and grants to States as follows:
‘‘(1) RESERVATION OF FUNDS FOR FISCAL YEAR 2000 LEVEL
OF ACTIVITIES.—
‘‘(A) IN
GENERAL.—The Secretary shall reserve the
amount of funds necessary to maintain the fiscal year
2000 level of activities supported by grantees that operate
under this title under national grants from the Secretary,
and the fiscal year 2000 level of activities supported by
State grantees under this title, in proportion to their
respective fiscal year 2000 levels of activities.
42 USC 3056d.
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PUBLIC LAW 109–365—OCT. 17, 2006
‘‘(B) INSUFFICIENT
APPROPRIATIONS.—If in any fiscal
year the funds appropriated to carry out this title are
insufficient to satisfy the requirement specified in subpara-
graph (A), then the amount described in subparagraph
(A) shall be reduced proportionally.
‘‘(2) FUNDING IN EXCESS OF FISCAL YEAR 2000 LEVEL OF
ACTIVITIES.—
‘‘(A) UP TO $35,000,000.—The amount of funds remaining
(if any) after the application of paragraph (1), but not
to exceed $35,000,000, shall be divided so that 75 percent
shall be provided to State grantees and 25 percent shall
be provided to grantees that operate under this title under
national grants from the Secretary.
‘‘(B) OVER $35,000,000.—The amount of funds remaining
(if any) after the application of subparagraph (A) shall
be divided so that 50 percent shall be provided to State
grantees and 50 percent shall be provided to grantees
that operate under this title under national grants from
the Secretary.
‘‘(d) ALLOTMENTS FOR NATIONAL GRANTS.—From funds avail-
able under subsection (c) for national grants, the Secretary shall
allot for public and nonprofit private agency and organization
grantees that operate under this title under national grants from
the Secretary in each State, an amount that bears the same ratio
to such funds as the product of the number of individuals age
55 or older in the State and the allotment percentage of such
State bears to the sum of the corresponding products for all States,
except as follows:
‘‘(1) MINIMUM ALLOTMENT.—No State shall be provided an
amount under this subsection that is less than 1⁄2 of 1 percent
of the amount provided under subsection (c) for public and
nonprofit private agency and organization grantees that operate
under this title under national grants from the Secretary in
all of the States.
‘‘(2) HOLD HARMLESS.—If such amount provided under sub-
section (c) is—
‘‘(A) equal to or less than the amount necessary to
maintain the fiscal year 2000 level of activities, allotments
for grantees that operate under this title under national
grants from the Secretary in each State shall be propor-
tional to the amount necessary to maintain their fiscal
year 2000 level of activities; or
‘‘(B) greater than the amount necessary to maintain
the fiscal year 2000 level of activities, no State shall be
provided a percentage increase above the amount necessary
to maintain the fiscal year 2000 level of activities for
grantees that operate under this title under national grants
from the Secretary in the State that is less than 30 percent
of the percentage increase above the amount necessary
to maintain the fiscal year 2000 level of activities for public
and private nonprofit agency and organization grantees
that operate under this title under national grants from
the Secretary in all of the States.
‘‘(3) REDUCTION.—Allotments for States not affected by
paragraphs (1) and (2)(B) shall be reduced proportionally to
satisfy the conditions in such paragraphs.
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‘‘(e) ALLOTMENTS FOR GRANTS TO STATES.—From the amount
provided for grants to States under subsection (c), the Secretary
shall allot for the State grantee in each State an amount that
bears the same ratio to such amount as the product of the number
of individuals age 55 or older in the State and the allotment
percentage of such State bears to the sum of the corresponding
products for all States, except as follows:
‘‘(1) MINIMUM ALLOTMENT.—No State shall be provided an
amount under this subsection that is less than 1⁄2 of 1 percent
of the amount provided under subsection (c) for State grantees
in all of the States.
‘‘(2) HOLD HARMLESS.—If such amount provided under sub-
section (c) is—
‘‘(A) equal to or less than the amount necessary to
maintain the fiscal year 2000 level of activities, allotments
for State grantees in each State shall be proportional to
the amount necessary to maintain their fiscal year 2000
level of activities; or
‘‘(B) greater than the amount necessary to maintain
the fiscal year 2000 level of activities, no State shall be
provided a percentage increase above the amount necessary
to maintain the fiscal year 2000 level of activities for State
grantees in the State that is less than 30 percent of the
percentage increase above the amount necessary to main-
tain the fiscal year 2000 level of activities for State grantees
in all of the States.
‘‘(3) REDUCTION.—Allotments for States not affected by
paragraphs (1) and (2)(B) shall be reduced proportionally to
satisfy the conditions in such paragraphs.
‘‘(f) ALLOTMENT PERCENTAGE.—For purposes of subsections (d)
and (e) and this subsection—
‘‘(1) the allotment percentage of each State shall be 100
percent less that percentage that bears the same ratio to 50
percent as the per capita income of such State bears to the
per capita income of the United States, except that—
‘‘(A) the allotment percentage shall be not more than
75 percent and not less than 33 percent; and
‘‘(B) the allotment percentage for the District of
Columbia and the Commonwealth of Puerto Rico shall be
75 percent;
‘‘(2) the number of individuals age 55 or older in any
State and in all States, and the per capita income in any
State and in all States, shall be determined by the Secretary
on the basis of the most satisfactory data available to the
Secretary; and
‘‘(3) for the purpose of determining the allotment percent-
age, the term ‘United States’ means the 50 States, and the
District of Columbia.
‘‘(g) DEFINITIONS.—In this section:
‘‘(1) COST PER AUTHORIZED POSITION.—The term ‘cost per
authorized position’ means the sum of—
‘‘(A) the hourly minimum wage rate specified in section
6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C.
206(a)(1)), multiplied by the number of hours equal to
the product of 21 hours and 52 weeks;
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PUBLIC LAW 109–365—OCT. 17, 2006
‘‘(B) an amount equal to 11 percent of the amount
specified under subparagraph (A), for the purpose of cov-
ering Federal payments for fringe benefits; and
‘‘(C) an amount determined by the Secretary, for the
purpose of covering Federal payments for the remainder
of all other program and administrative costs.
‘‘(2) FISCAL
YEAR
2000
LEVEL
OF
ACTIVITIES.—The term
‘fiscal year 2000 level of activities’ means—
‘‘(A) with respect to public and nonprofit private agency
and organization grantees that operate under this title
under national grants from the Secretary, their level of
activities for fiscal year 2000; and
‘‘(B) with respect to State grantees, their level of activi-
ties for fiscal year 2000.
‘‘(3) GRANTS TO STATES.—The term ‘grants to States’ means
grants made under this title by the Secretary to the States.
‘‘(4) LEVEL OF ACTIVITIES.—The term ‘level of activities’
means the number of authorized positions multiplied by the
cost per authorized position.
‘‘(5) NATIONAL GRANTS.—The term ‘national grants’ means
grants made under this title by the Secretary to public and
nonprofit private agency and organization grantees that operate
under this title.
‘‘(6) STATE.—The term ‘State’ does not include Guam, Amer-
ican Samoa, the Commonwealth of the Northern Mariana
Islands, and the United States Virgin Islands.
‘‘SEC. 507. EQUITABLE DISTRIBUTION.
‘‘(a) INTERSTATE ALLOCATION.—In making grants under section
502(b) from allotments made under section 506, the Secretary shall
ensure, to the extent feasible, an equitable distribution of activities
under such grants, in the aggregate, among the States, taking
into account the needs of underserved States.
‘‘(b) INTRASTATE
ALLOCATION.—The amount allocated for
projects within each State under section 506 shall be allocated
among areas in the State in an equitable manner, taking into
consideration the State priorities set out in the State plan in effect
under section 503(a).
‘‘SEC. 508. REPORT.
‘‘To carry out the Secretary’s responsibilities for reporting in
section 503(g), the Secretary shall require the State agency for
each State that receives funds under this title to prepare and
submit a report at the beginning of each fiscal year on such State’s
compliance with section 507(b). Such report shall include the names
and geographic location of all projects assisted under this title
and carried out in the State and the amount allocated to each
such project under section 506.
‘‘SEC. 509. EMPLOYMENT ASSISTANCE AND FEDERAL HOUSING AND
FOOD STAMP PROGRAMS.
‘‘Funds received by eligible individuals from projects carried
out under the program established under this title shall not be
considered to be income of such individuals for purposes of deter-
mining the eligibility of such individuals, or of any other individuals,
to participate in any housing program for which Federal funds
may be available or for any income determination under the Food
Stamp Act of 1977 (7 U.S.C. 2011 et seq.).
42 USC 3056g.
42 USC 3056f.
Grants.
42 USC 3056e.
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‘‘SEC. 510. ELIGIBILITY FOR WORKFORCE INVESTMENT ACTIVITIES.
‘‘Eligible individuals under this title may be considered by
local workforce investment boards and one-stop operators estab-
lished under title I of the Workforce Investment Act of 1998 (29
U.S.C. 2801 et seq.) to satisfy the requirements for receiving services
under such title I that are applicable to adults.
‘‘SEC. 511. COORDINATION WITH THE WORKFORCE INVESTMENT ACT
OF 1998.
‘‘(a) PARTNERS.—Grantees under this title shall be one-stop
partners as described in subparagraphs (A) and (B)(vi) of section
121(b)(1) of the Workforce Investment Act of 1998 (29 U.S.C.
2841(b)(1)) in the one-stop delivery system established under section
134(c) of such Act (29 U.S.C. 2864(c)) for the appropriate local
workforce investment areas, and shall carry out the responsibilities
relating to such partners.
‘‘(b) COORDINATION.—In local workforce investment areas where
more than 1 grantee under this title provides services, the grantees
shall—
‘‘(1) coordinate their activities related to the one-stop
delivery systems; and
‘‘(2) be signatories of the memorandum of understanding
established under section 121(c) of the Workforce Investment
Act of 1998 (29 U.S.C. 2841(c)).
‘‘SEC. 512. TREATMENT OF ASSISTANCE.
‘‘Assistance provided under this title shall not be considered
to be financial assistance described in section 245A(h)(1)(A) of the
Immigration and Nationality Act (8 U.S.C. 1255a(h)(1)(A)).
‘‘SEC. 513. PERFORMANCE.
‘‘(a) MEASURES AND INDICATORS.—
‘‘(1) ESTABLISHMENT AND IMPLEMENTATION OF MEASURES
AND INDICATORS.—The Secretary shall establish and implement,
after consultation with grantees, subgrantees, and host agencies
under this title, States, older individuals, area agencies on
aging, and other organizations serving older individuals, core
measures of performance and additional indicators of perform-
ance for each grantee for projects and services carried out
under this title. The core measures of performance and addi-
tional indicators of performance shall be applicable to each
grantee under this title without regard to whether such grantee
operates the program directly or through subcontracts, sub-
grants, or agreements with other entities.
‘‘(2) CONTENT.—
‘‘(A) COMPOSITION OF MEASURES AND INDICATORS.—
‘‘(i) MEASURES.—The core measures of performance
established by the Secretary in accordance with para-
graph (1) shall consist of core indicators of performance
specified in subsection (b)(1) and the expected levels
of performance applicable to each core indicator of
performance.
‘‘(ii) 
ADDITIONAL
INDICATORS.—The 
additional
indicators of performance established by the Secretary
in accordance with paragraph (1) shall be the addi-
tional indicators of performance specified in subsection
(b)(2).
42 USC 3056k.
42 USC 3056j.
42 USC 3056i.
42 USC 3056h.
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‘‘(B) 
CONTINUOUS
IMPROVEMENT.—The 
measures
described in subparagraph (A)(i) shall be designed to pro-
mote continuous improvement in performance.
‘‘(C) EXPECTED
LEVELS
OF
PERFORMANCE.—The Sec-
retary and each grantee shall reach agreement on the
expected levels of performance for each program year for
each of the core indicators of performance specified in
subparagraph (A)(i). The agreement shall take into account
the requirement of subparagraph (B) and the factors
described in subparagraph (D), and other appropriate fac-
tors as determined by the Secretary, and shall be consistent
with the requirements of subparagraph (E). Funds may
not be awarded under the grant until such agreement
is reached. At the conclusion of negotiations concerning
the levels with all grantees, the Secretary shall make avail-
able for public review the final negotiated expected levels
of performance for each grantee, including any comments
submitted by the grantee regarding the grantee’s satisfac-
tion with the negotiated levels.
‘‘(D) ADJUSTMENT.—The expected levels of performance
described in subparagraph (C) applicable to a grantee shall
be adjusted after the agreement under subparagraph (C)
has been reached only with respect to the following factors:
‘‘(i) High rates of unemployment or of poverty or
participation in the program of block grants to States
for temporary assistance for needy families established
under part A of title IV of the Social Security Act
(42 U.S.C. 601 et seq.), in the areas served by a
grantee, relative to other areas of the State involved
or Nation.
‘‘(ii) Significant downturns in the areas served by
the grantee or in the national economy.
‘‘(iii) Significant numbers or proportions of partici-
pants with 1 or more barriers to employment, including
individuals described in subsection (a)(3)(B)(ii) or (b)(2)
of section 518, served by a grantee relative to such
numbers or proportions for grantees serving other
areas of the State or Nation.
‘‘(iv) Changes in Federal, State, or local minimum
wage requirements.
‘‘(v) Limited economies of scale for the provision
of community service employment and other authorized
activities in the areas served by the grantee.
‘‘(E) PLACEMENT.—
‘‘(i) LEVEL OF PERFORMANCE.—For all grantees, the
Secretary shall establish an expected level of perform-
ance of not less than the percentage specified in clause
(ii) (adjusted in accordance with subparagraph (D))
for the entry into unsubsidized employment core indi-
cator of performance described in subsection (b)(1)(B).
‘‘(ii) REQUIRED
PLACEMENT
PERCENTAGES.—The
minimum percentage for the expected level of perform-
ance for the entry into unsubsidized employment core
indicator of performance described in subsection
(b)(1)(B) is—
‘‘(I) 21 percent for fiscal year 2007;
‘‘(II) 22 percent for fiscal year 2008;
Public
information.
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PUBLIC LAW 109–365—OCT. 17, 2006
‘‘(III) 23 percent for fiscal year 2009;
‘‘(IV) 24 percent for fiscal year 2010; and
‘‘(V) 25 percent for fiscal year 2011.
‘‘(3) LIMITATION.—An agreement to be evaluated on the
core measures of performance and to report information on
the additional indicators of performance shall be a requirement
for application for, and a condition of, all grants authorized
by this title.
‘‘(b) INDICATORS OF PERFORMANCE.—
‘‘(1) CORE INDICATORS.—The core indicators of performance
described in subsection (a)(2)(A)(i) shall consist of—
‘‘(A) hours (in the aggregate) of community service
employment;
‘‘(B) entry into unsubsidized employment;
‘‘(C) retention in unsubsidized employment for 6
months;
‘‘(D) earnings; and
‘‘(E) the number of eligible individuals served,
including the number of participating individuals described
in subsection (a)(3)(B)(ii) or (b)(2) of section 518.
‘‘(2) ADDITIONAL INDICATORS.—The additional indicators of
performance described in subsection (a)(2)(A)(ii) shall consist
of—
‘‘(A) retention in unsubsidized employment for 1 year;
‘‘(B) satisfaction of the participants, employers, and
their host agencies with their experiences and the services
provided;
‘‘(C) any other indicators of performance that the Sec-
retary determines to be appropriate to evaluate services
and performance.
‘‘(3) DEFINITIONS OF INDICATORS.—The Secretary, after con-
sultation with national and State grantees, representatives of
business and labor organizations, and providers of services,
shall, by regulation, issue definitions of the indicators of
performance described in paragraphs (1) and (2).
‘‘(c) EVALUATION.—The Secretary shall—
‘‘(1) annually evaluate, and publish and make available
for public review information on, the actual performance of
each grantee with respect to the levels achieved for each of
the core indicators of performance, compared to the expected
levels of performance established under subsection (a)(2)(C)
(including any adjustments to such levels made in accordance
with subsection (a)(2)(D)); and
‘‘(2) annually publish and make available for public review
information on the actual performance of each grantee with
respect to the levels achieved for each of the additional indica-
tors of performance.
‘‘(d) TECHNICAL ASSISTANCE AND CORRECTIVE EFFORTS.—
‘‘(1) INITIAL DETERMINATIONS.—
‘‘(A) IN GENERAL.—As soon as practicable after July
1, 2007, the Secretary shall determine if a grantee under
this title has, for program year 2006—
‘‘(i) met the expected levels of performance estab-
lished under subsection (a)(2)(C) (including any adjust-
ments to such levels made in accordance with sub-
section (a)(2)(D)) for the core indicators of performance
Deadlines.
Publication.
Public
information.
Regulations.
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PUBLIC LAW 109–365—OCT. 17, 2006
described in subparagraphs (A), (C), (D), and (E) of
subsection (b)(1); and
‘‘(ii) achieved the applicable percentage specified
in subsection (a)(2)(E)(ii) for the core indicator of
performance described in subsection (b)(1)(B).
‘‘(B) TECHNICAL ASSISTANCE.—If the Secretary deter-
mines that the grantee, for program year 2006—
‘‘(i) failed to meet the expected levels of perform-
ance described in subparagraph (A)(i); or
‘‘(ii) failed to achieve the applicable percentage
described in subparagraph (A)(ii),
the Secretary shall provide technical assistance to assist
the grantee to meet the expected levels of performance
and achieve the applicable percentage.
‘‘(2) NATIONAL GRANTEES.—
‘‘(A) IN GENERAL.—Not later than 120 days after the
end of each program year, the Secretary shall determine
if a national grantee awarded a grant under section 502(b)
in accordance with section 514 has met the expected levels
of performance established under subsection (a)(2)(C)
(including any adjustments to such levels made in accord-
ance with subsection (a)(2)(D)) for the core indicators of
performance described in subsection (b)(1).
‘‘(B) TECHNICAL ASSISTANCE AND CORRECTIVE ACTION
PLAN.—
‘‘(i) IN GENERAL.—If the Secretary determines that
a national grantee fails to meet the expected levels
of performance described in subparagraph (A), the Sec-
retary after each year of such failure, shall provide
technical assistance and require such grantee to submit
a corrective action plan not later than 160 days after
the end of the program year.
‘‘(ii) CONTENT.—The plan submitted under clause
(i) shall detail the steps the grantee will take to meet
the expected levels of performance in the next program
year.
‘‘(iii) RECOMPETITION.—Any grantee who has failed
to meet the expected levels of performance for 4
consecutive years (beginning with program year 2007)
shall not be allowed to compete in the subsequent
grant competition under section 514 following the
fourth consecutive year of failure but may compete
in the next such grant competition after that subse-
quent competition.
‘‘(3) STATE GRANTEES.—
‘‘(A) IN GENERAL.—Not later than 120 days after the
end of each program year, the Secretary shall determine
if a State grantee allotted funds under section 506(e) has
met the expected levels of performance established under
subsection (a)(2)(C) (including any adjustments to such
levels made in accordance with subsection (a)(2)(D)) for
the core indicators of performance described in subsection
(b)(1).
‘‘(B) TECHNICAL ASSISTANCE AND CORRECTIVE ACTION
PLAN.—
‘‘(i) IN GENERAL.—If the Secretary determines that
a State fails to meet the expected levels of performance
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PUBLIC LAW 109–365—OCT. 17, 2006
described in subparagraph (A), the Secretary, after
each year of such failure, shall provide technical assist-
ance and require the State to submit a corrective action
plan not later than 160 days after the end of the
program year.
‘‘(ii) CONTENT.—The plan submitted under clause
(i) shall detail the steps the State will take to meet
the expected levels of performance in the next program
year.
‘‘(iii) COMPETITION.—If the Secretary determines
that the State fails to meet the expected levels of
performance described in subparagraph (A) for 3
consecutive program years (beginning with program
year 2007), the Secretary shall provide for the conduct
by the State of a competition to award the funds
allotted to the State under section 506(e) for the first
full program year following the Secretary’s determina-
tion.
‘‘(4) SPECIAL RULE FOR ESTABLISHMENT AND IMPLEMENTA-
TION.—The Secretary shall establish and implement the core
measures of performance and additional indicators of perform-
ance described in this section, including all required indicators
described in subsection (b), not later than July 1, 2007.
‘‘(e) IMPACT ON GRANT COMPETITION.—The Secretary may not
publish a notice announcing a grant competition under this title,
and solicit proposals for grants, until the day that is the later
of—
‘‘(1) the date on which the Secretary implements the core
measures of performance and additional indicators of perform-
ance described in this section; and
‘‘(2) January 1, 2010.
‘‘SEC. 514. COMPETITIVE REQUIREMENTS RELATING TO GRANT
AWARDS.
‘‘(a) PROGRAM AUTHORIZED.—
‘‘(1) INITIAL APPROVAL OF GRANT APPLICATIONS.—From the
funds available for national grants under section 506(d), the
Secretary shall award grants under section 502(b) to eligible
applicants, through a competitive process that emphasizes
meeting performance requirements, to carry out projects under
this title for a period of 4 years, except as provided in paragraph
(2). The Secretary may not conduct a grant competition under
this title until the day described in section 513(e).
‘‘(2) CONTINUATION
OF
APPROVAL
BASED
ON
PERFORM-
ANCE.—If the recipient of a grant made under paragraph (1)
meets the expected levels of performance described in section
513(d)(2)(A) for each year of such 4-year period with respect
to a project, the Secretary may award a grant under section
502(b) to such recipient to continue such project beyond such
4-year period for 1 additional year without regard to such
process.
‘‘(b) ELIGIBLE APPLICANTS.—An applicant shall be eligible to
receive a grant under section 502(b) in accordance with subsections
(a), (c), and (d).
‘‘(c) CRITERIA.—For purposes of subsection (a)(1), the Secretary
shall select the eligible applicants to receive grants based on the
following:
42 USC 3056l.
Notices.
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‘‘(1) The applicant’s ability to administer a project that
serves the greatest number of eligible individuals, giving par-
ticular consideration to individuals with greatest economic
need, individuals with greatest social need, and individuals
described in subsection (a)(3)(B)(ii) or (b)(2) of section 518.
‘‘(2) The applicant’s ability to administer a project that
provides employment for eligible individuals in the communities
in which such individuals reside, or in nearby communities,
that will contribute to the general welfare of the communities
involved.
‘‘(3) The applicant’s ability to administer a project that
moves eligible individuals into unsubsidized employment.
‘‘(4) The applicant’s prior performance, if any, in meeting
core measures of performance and addressing additional indica-
tors of performance under this title and the applicant’s ability
to address core indicators of performance and additional indica-
tors of performance under this title and under other Federal
or State programs in the case of an applicant that has not
previously received a grant under this title.
‘‘(5) The applicant’s ability to move individuals with mul-
tiple barriers to employment, including individuals described
in subsection (a)(3)(B)(ii) or (b)(2) of section 518, into unsub-
sidized employment.
‘‘(6) The applicant’s ability to coordinate activities with
other organizations at the State and local level.
‘‘(7) The applicant’s plan for fiscal management of the
project to be administered with funds received in accordance
with this section.
‘‘(8) The applicant’s ability to administer a project that
provides community service.
‘‘(9) The applicant’s ability to minimize disruption in serv-
ices for participants and in community services provided.
‘‘(10) Any additional criteria that the Secretary considers
to be appropriate in order to minimize disruption in services
for participants.
‘‘(d) RESPONSIBILITY TESTS.—
‘‘(1) IN GENERAL.—Before final selection of a grantee, the
Secretary shall conduct a review of available records to assess
the applicant’s overall responsibility to administer Federal
funds.
‘‘(2) REVIEW.—As part of the review described in paragraph
(1), the Secretary may consider any information, including the
applicant’s history with regard to the management of other
grants.
‘‘(3) FAILURE TO SATISFY TEST.—The failure to satisfy a
responsibility test with respect to any 1 factor that is listed
in paragraph (4), excluding those listed in subparagraphs (A)
and (B) of such paragraph, does not establish that the applicant
is not responsible unless such failure is substantial or persists
for 2 or more consecutive years.
‘‘(4) TEST.—The responsibility tests include review of the
following factors:
‘‘(A) Unsuccessful efforts by the applicant to recover
debts, after 3 demand letters have been sent, that are
established by final agency action, or a failure to comply
with an approved repayment plan.
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‘‘(B) Established fraud or criminal activity of a signifi-
cant nature within the organization or agency involved.
‘‘(C) Serious administrative deficiencies identified by
the Secretary, such as failure to maintain a financial
management system as required by Federal rules or regula-
tions.
‘‘(D) Willful obstruction of the audit process.
‘‘(E) Failure to provide services to participants for a
current or recent grant or to meet applicable core measures
of performance or address applicable indicators of perform-
ance.
‘‘(F) Failure to correct deficiencies brought to the
grantee’s attention in writing as a result of monitoring
activities, reviews, assessments, or other activities.
‘‘(G) Failure to return a grant closeout package or
outstanding advances within 90 days of the grant expira-
tion date or receipt of the closeout package, whichever
is later, unless an extension has been requested and
granted.
‘‘(H) Failure to submit required reports.
‘‘(I) Failure to properly report and dispose of Govern-
ment property as instructed by the Secretary.
‘‘(J) Failure to have maintained effective cash manage-
ment or cost controls resulting in excess cash on hand.
‘‘(K) Failure to ensure that a subrecipient complies
with its Office of Management and Budget Circular A–
133 audit requirements specified at section 667.200(b) of
title 20, Code of Federal Regulations.
‘‘(L) Failure to audit a subrecipient within the required
period.
‘‘(M) Final disallowed costs in excess of 5 percent of
the grant or contract award if, in the judgment of the
grant officer, the disallowances are egregious.
‘‘(N) Failure to establish a mechanism to resolve a
subrecipient’s audit in a timely fashion.
‘‘(5) DETERMINATION.—Applicants that are determined to
be not responsible shall not be selected as grantees.
‘‘(6) DISALLOWED COSTS.—Interest on disallowed costs shall
accrue in accordance with the Debt Collection Improvement
Act of 1996, including the amendments made by that Act.
‘‘(e) GRANTEES
SERVING
INDIVIDUALS
WITH
BARRIERS
TO
EMPLOYMENT.—
‘‘(1) DEFINITION.—In this subsection, the term ‘individuals
with barriers to employment’ means minority individuals,
Indian individuals, individuals with greatest economic need,
and individuals described in subsection (a)(3)(B)(ii) or (b)(2)
of section 518.
‘‘(2) SPECIAL CONSIDERATION.—In areas where a substantial
population of individuals with barriers to employment exists,
a grantee that receives a national grant in accordance with
this section shall, in selecting subgrantees, give special consid-
eration to organizations (including former recipients of such
national grants) with demonstrated expertise in serving individ-
uals with barriers to employment.
‘‘(f) MINORITY-SERVING GRANTEES.—The Secretary may not
promulgate rules or regulations affecting grantees in areas where
a substantial population of minority individuals exists, that would
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significantly compromise the ability of the grantees to serve their
targeted population of minority older individuals.
‘‘SEC. 515. REPORT ON SERVICE TO MINORITY INDIVIDUALS.
‘‘(a) IN GENERAL.—The Secretary shall annually prepare a
report on the levels of participation and performance outcomes
of minority individuals served by the program carried out under
this title.
‘‘(b) CONTENTS.—
‘‘(1) ORGANIZATION AND DATA.—Such report shall present
information on the levels of participation and the outcomes
achieved by such minority individuals with respect to each
grantee under this title, by service area, and in the aggregate,
beginning with data that applies to program year 2005.
‘‘(2) EFFORTS.—The report shall also include a description
of each grantee’s efforts to serve minority individuals, based
on information submitted to the Secretary by each grantee
at such time and in such manner as the Secretary determines
to be appropriate.
‘‘(3) RELATED MATTERS.—The report shall also include—
‘‘(A) an assessment of individual grantees based on
the criteria established under subsection (c);
‘‘(B) an analysis of whether any changes in grantees
have affected participation rates of such minority individ-
uals;
‘‘(C) information on factors affecting participation rates
among such minority individuals; and
‘‘(D) recommendations for increasing participation of
minority individuals in the program.
‘‘(c) CRITERIA.—The Secretary shall establish criteria for deter-
mining the effectiveness of grantees in serving minority individuals
in accordance with the goals set forth in section 502(a)(1).
‘‘(d) SUBMISSION.—The Secretary shall annually submit such
a report to the appropriate committees of Congress.
‘‘SEC. 516. SENSE OF CONGRESS.
‘‘It is the sense of Congress that—
‘‘(1) the older American community service employment
program described in this title was established with the intent
of placing older individuals in community service positions and
providing job training; and
‘‘(2) placing older individuals in community service posi-
tions strengthens the ability of the individuals to become self-
sufficient, provides much-needed support to organizations that
benefit from increased civic engagement, and strengthens the
communities that are served by such organizations.
‘‘SEC. 517. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) IN GENERAL.—There are authorized to be appropriated
to carry out this title such sums as may be necessary for fiscal
years 2007, 2008, 2009, 2010, and 2011.
‘‘(b) OBLIGATION.—Amounts appropriated under this section for
any fiscal year shall be available for obligation during the annual
period that begins on July 1 of the calendar year immediately
following the beginning of such fiscal year and that ends on June
30 of the following calendar year. The Secretary may extend the
period during which such amounts may be obligated or expended
in the case of a particular organization or agency that receives
42 USC 3056o.
42 USC 3056n.
42 USC 3056m.
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funds under this title if the Secretary determines that such exten-
sion is necessary to ensure the effective use of such funds by
such organization or agency.
‘‘(c) RECAPTURING FUNDS.—At the end of the program year,
the Secretary may recapture any unexpended funds for the program
year, and reobligate such funds within the 2 succeeding program
years for—
‘‘(1) incentive grants to entities that are State grantees
or national grantees under section 502(b);
‘‘(2) technical assistance; or
‘‘(3) grants or contracts for any other activity under this
title.
‘‘SEC. 518. DEFINITIONS AND RULE.
‘‘(a) DEFINITIONS.—For purposes of this title:
‘‘(1) COMMUNITY SERVICE.—The term ‘community service’
means—
‘‘(A) social, health, welfare, and educational services
(including literacy tutoring), legal and other counseling
services and assistance, including tax counseling and
assistance and financial counseling, and library, rec-
reational, and other similar services;
‘‘(B) conservation, maintenance, or restoration of nat-
ural resources;
‘‘(C) community betterment or beautification;
‘‘(D) antipollution and environmental quality efforts;
‘‘(E) weatherization activities;
‘‘(F) economic development; and
‘‘(G) such other services essential and necessary to
the community as the Secretary determines by rule to
be appropriate.
‘‘(2) COMMUNITY SERVICE EMPLOYMENT.—The term ‘commu-
nity service employment’ means part-time, temporary employ-
ment paid with grant funds in projects described in section
502(b)(1)(D), through which eligible individuals are engaged
in community service and receive work experience and job
skills that can lead to unsubsidized employment.
‘‘(3) ELIGIBLE INDIVIDUAL.—
‘‘(A) IN GENERAL.—The term ‘eligible individual’ means
an individual who is age 55 or older and who has a low
income (including any such individual whose income is
not more than 125 percent of the poverty line), excluding
any income that is unemployment compensation, a benefit
received under title XVI of the Social Security Act (42
U.S.C. 1381 et seq.), a payment made to or on behalf
of veterans or former members of the Armed Forces under
the laws administered by the Secretary of Veterans Affairs,
or 25 percent of a benefit received under title II of the
Social Security Act (42 U.S.C. 401 et seq.), subject to sub-
section (b).
‘‘(B) PARTICIPATION.—
‘‘(i) EXCLUSION.—Notwithstanding any other provi-
sion of this paragraph, the term ‘eligible individual’
does not include an individual who has participated
in projects under this title for a period of 48 months
in the aggregate (whether or not consecutive) after
42 USC 3056p.
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July 1, 2007, unless the period was increased as
described in clause (ii).
‘‘(ii) INCREASED PERIODS OF PARTICIPATION.—The
Secretary shall authorize a grantee for a project to
increase the period of participation described in clause
(i), pursuant to a request submitted by the grantee,
for individuals who—
‘‘(I) have a severe disability;
‘‘(II) are frail or are age 75 or older;
‘‘(III) meet the eligibility requirements related
to age for, but do not receive, benefits under title
II of the Social Security Act (42 U.S.C. 401 et
seq.);
‘‘(IV) live in an area with persistent unemploy-
ment and are individuals with severely limited
employment prospects; or
‘‘(V) have limited English proficiency or low
literacy skills.
‘‘(4) INCOME.—In this section, the term ‘income’ means
income received during the 12-month period (or, at the option
of the grantee involved, the annualized income for the 6-month
period) ending on the date an eligible individual submits an
application to participate in a project carried out under this
title by such grantee.
‘‘(5) PACIFIC
ISLAND
AND
ASIAN
AMERICANS.—The term
‘Pacific Island and Asian Americans’ means Americans having
origins in any of the original peoples of the Far East, Southeast
Asia, the Indian Subcontinent, or the Pacific Islands.
‘‘(6) PROGRAM.—The term ‘program’ means the older Amer-
ican community service employment program established under
this title.
‘‘(7) SUPPORTIVE SERVICES.—The term ‘supportive services’
means services, such as transportation, child care, dependent
care, housing, and needs-related payments, that are necessary
to enable an individual to participate in activities authorized
under this title, consistent with the provisions of this title.
‘‘(8) UNEMPLOYED.—The term ‘unemployed’, used with
respect to a person or individual, means an individual who
is without a job and who wants and is available for work,
including an individual who may have occasional employment
that does not result in a constant source of income.
‘‘(b) RULE.—Pursuant to regulations prescribed by the Sec-
retary, an eligible individual shall have priority for the community
service employment and other authorized activities provided under
this title if the individual—
‘‘(1) is 65 years of age or older; or
‘‘(2)(A) has a disability;
‘‘(B) has limited English proficiency or low literacy skills;
‘‘(C) resides in a rural area;
‘‘(D) is a veteran;
‘‘(E) has low employment prospects;
‘‘(F) has failed to find employment after utilizing services
provided under title I of the Workforce Investment Act of 1998
(29 U.S.C. 2801 et seq.); or
‘‘(G) is homeless or at risk for homelessness.’’.
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SEC. 502. EFFECTIVE DATE.
(a) IN GENERAL.—Title V of the Older Americans Act of 1965
(as amended by section 501) takes effect July 1, 2007.
(b) REGULATIONS AND EXPECTED LEVELS OF PERFORMANCE.—
(1) REGULATIONS.—Effective on the date of enactment of
this Act, the Secretary of Labor may issue rules and regulations
authorized in such title V.
(2) EXPECTED LEVELS OF PERFORMANCE.—Prior to July 1,
2007, the Secretary of Labor may carry out the activities
authorized in section 513(a)(2) of the Older Americans Act
of 1965 (as so amended), in preparation for program year 2007.
TITLE VI—NATIVE AMERICANS
SEC. 601. CLARIFICATION OF MAINTENANCE REQUIREMENT.
(a) IN GENERAL.—Section 614A of the Older Americans Act
of 1965 (42 U.S.C. 3057e–1) is amended by adding at the end
the following:
‘‘(c) CLARIFICATION.—
‘‘(1) DEFINITION.—In this subsection, the term ‘covered year’
means fiscal year 2006 or a subsequent fiscal year.
‘‘(2) CONSORTIA
OF
TRIBAL
ORGANIZATIONS.—If a tribal
organization received a grant under this part for fiscal year
1991 as part of a consortium, the Assistant Secretary shall
consider the tribal organization to have received a grant under
this part for fiscal year 1991 for purposes of subsections (a)
and (b), and shall apply the provisions of subsections (a) and
(b)(1) (under the conditions described in subsection (b)) to the
tribal organization for each covered year for which the tribal
organization submits an application under this part, even if
the tribal organization submits—
‘‘(A) a separate application from the remaining mem-
bers of the consortium; or
‘‘(B) an application as 1 of the remaining members
of the consortium.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall apply to grants awarded under part A of title VI of the
Older Americans Act of 1965 (42 U.S.C. 3057b et seq.) during
the grant period beginning April 1, 2008, and all subsequent grant
periods.
SEC. 602. NATIVE AMERICANS CAREGIVER SUPPORT PROGRAM.
Section 643 of the Older Americans Act of 1965 (42 U.S.C.
3057n) is amended—
(1) in paragraph (1), by striking ‘‘2001’’ and inserting
‘‘2007’’; and
(2) in paragraph (2), by striking ‘‘$5,000,000’’ and all that
follows through the period at the end and inserting ‘‘$6,500,000
for fiscal year 2007, $6,800,000 for fiscal year 2008, $7,200,000
for fiscal year 2009, $7,500,000 for fiscal year 2010, and
$7,900,000 for fiscal year 2011.’’.
42 USC 3057e–1
note.
42 USC 3056
note.
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PUBLIC LAW 109–365—OCT. 17, 2006
TITLE VII—ALLOTMENTS FOR VULNER-
ABLE ELDER RIGHTS PROTECTION
ACTIVITIES
SEC. 701. VULNERABLE ELDER RIGHTS PROTECTION ACTIVITIES.
Section 702 of the Older Americans Act of 1965 (42 U.S.C.
3058a) is amended by striking ‘‘2001’’ each place it appears and
inserting ‘‘2007’’.
SEC. 702. ELDER ABUSE, NEGLECT, AND EXPLOITATION.
Section 721 of the Older Americans Act of 1965 (42 U.S.C.
3058i) is amended—
(1) in subsection (a), by striking ‘‘programs for the preven-
tion of’’ and inserting ‘‘programs to address’’;
(2) in subsection (b)—
(A) in the matter preceding paragraph (1), by
striking ‘‘programs for’’ and all that follows through
‘‘including—’’ and inserting the following: ‘‘programs for
the prevention, detection, assessment, and treatment of,
intervention in, investigation of, and response to elder
abuse, neglect, and exploitation (including financial exploi-
tation), including—’’;
(B) by redesignating paragraphs (2) through (8) as
paragraphs (3) through (9), respectively;
(C) by inserting after paragraph (1) the following:
‘‘(2) providing for public education and outreach to promote
financial literacy and prevent identity theft and financial exploi-
tation of older individuals;’’;
(D) in paragraph (8), as redesignated by subparagraph
(B), by striking ‘‘and’’ at the end;
(E) in paragraph (9), as redesignated by subparagraph
(B), by striking the period and inserting a semicolon; and
(F) by adding at the end the following:
‘‘(10) examining various types of shelters serving older
individuals (in this paragraph referred to as ‘safe havens’),
and testing various safe haven models for establishing safe
havens (at home or elsewhere), that recognize autonomy and
self-determination, and fully protect the due process rights
of older individuals;
‘‘(11) supporting multidisciplinary elder justice activities,
such as—
‘‘(A) supporting and studying team approaches for
bringing a coordinated multidisciplinary or interdiscipli-
nary response to elder abuse, neglect, and exploitation,
including a response from individuals in social service,
health care, public safety, and legal disciplines;
‘‘(B) establishing a State coordinating council, which
shall identify the individual State’s needs and provide the
Assistant Secretary with information and recommendations
relating to efforts by the State to combat elder abuse,
neglect, and exploitation;
‘‘(C) providing training, technical assistance, and other
methods of support to groups carrying out multidisciplinary
efforts at the State (referred to in some States as ‘State
Working Groups’);
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PUBLIC LAW 109–365—OCT. 17, 2006
‘‘(D) broadening and studying various models for elder
fatality and serious injury review teams, to make rec-
ommendations about their composition, protocols, functions,
timing, roles, and responsibilities, with a goal of producing
models and information that will allow for replication based
on the needs of States and communities (other than the
ones in which the review teams were used); and
‘‘(E) developing best practices, for use in long-term
care facilities, that reduce the risk of elder abuse for resi-
dents, including the risk of resident-to-resident abuse; and
‘‘(12) addressing underserved populations of older individ-
uals, such as—
‘‘(A) older individuals living in rural locations;
‘‘(B) older individuals in minority populations; or
‘‘(C) low-income older individuals.’’;
(3) in subsection (e)(2)—
(A) by striking ‘‘subsection (b)(8)(B)(i)’’ and inserting
‘‘subsection (b)(9)(B)(i)’’; and
(B) by striking ‘‘subsection (b)(8)(B)(ii)’’ and inserting
‘‘subsection (b)(9)(B)(ii)’’; and
(4) by adding at the end of the section the following:
‘‘(h) ACCOUNTABILITY
MEASURES.—The Assistant Secretary
shall develop accountability measures to ensure the effectiveness
of the activities carried out under this section.
‘‘(i) EVALUATING PROGRAMS.—The Assistant Secretary shall
evaluate the activities carried out under this section, using funds
made available under section 206(g).
‘‘(j) COMPLIANCE WITH APPLICABLE LAWS.—In order to receive
funds made available to carry out this section, an entity shall
comply with all applicable laws, regulations, and guidelines.’’.
SEC. 703. NATIVE AMERICAN ORGANIZATION PROVISIONS.
Section 751 of the Older Americans Act of 1965 (42 U.S.C.
3058aa) is amended—
(1) in subsection (a)—
(A) in paragraph (1), by striking ‘‘and’’ at the end;
(B) in paragraph (2), by striking the period and
inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(3) enabling the eligible entities to support multidisci-
plinary elder justice activities, such as—
‘‘(A) establishing a coordinating council, which shall
identify the needs of an individual Indian tribe or other
Native American group and provide the Assistant Secretary
with information and recommendations relating to efforts
by the Indian tribe or the governing entity of the Native
American group to combat elder abuse, neglect, and exploi-
tation;
‘‘(B) providing training, technical assistance, and other
methods of support to groups carrying out multidisciplinary
efforts for an Indian tribe or other Native American group;
and
‘‘(C) broadening and studying various models for elder
fatality and serious injury review teams, to make rec-
ommendations about their composition, protocols, functions,
timing, roles, and responsibilities, with a goal of producing
models and information that will allow for replication based
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120 STAT. 2593
PUBLIC LAW 109–365—OCT. 17, 2006
on the needs of Indian tribes and other Native American
groups (other than the ones in which the review teams
were used).’’;
(2) in subsection (b), by striking ‘‘this subtitle’’ and inserting
‘‘this section’’; and
(3) in subsection (d)—
(A) by striking ‘‘this section’’ and inserting ‘‘this sub-
title’’; and
(B) by striking ‘‘2001’’ and inserting ‘‘2007’’.
SEC. 704. ELDER JUSTICE PROGRAMS.
Subtitle B of title VII of the Older Americans Act of 1965
(42 U.S.C. 3058aa) is amended—
(1) by striking the subtitle heading and inserting the fol-
lowing:
‘‘Subtitle B—Native American Organiza-
tion and Elder Justice Provisions’’;
and
(2) by inserting after section 751 the following:
‘‘SEC. 752. GRANTS TO PROMOTE COMPREHENSIVE STATE ELDER JUS-
TICE SYSTEMS.
‘‘(a) PURPOSE AND AUTHORITY.—For each fiscal year, the Assist-
ant Secretary may make grants to States, on a competitive basis,
in accordance with this section, to promote the development and
implementation, within each such State, of a comprehensive elder
justice system, as defined in subsection (b).
‘‘(b) COMPREHENSIVE ELDER JUSTICE SYSTEM DEFINED.—In this
section, the term ‘comprehensive elder justice system’ means an
integrated, multidisciplinary, and collaborative system for pre-
venting, detecting, and addressing elder abuse, neglect, and exploi-
tation in a manner that—
‘‘(1) provides for widespread, convenient public access to
the range of available elder justice information, programs, and
services;
‘‘(2) coordinates the efforts of public health, social service,
and law enforcement authorities, as well as other appropriate
public and private entities, to identify and diminish duplication
and gaps in the system;
‘‘(3) provides a uniform method for the standardization,
collection, management, analysis, and reporting of data; and
‘‘(4) provides such other elements as the Assistant Secretary
determines appropriate.
‘‘(c) APPLICATIONS.—To be eligible to receive a grant under
this section for a fiscal year, a State shall submit an application
to the Assistant Secretary, at such time, in such manner, and
containing such information and assurances as the Assistant Sec-
retary determines appropriate.
‘‘(d) AMOUNT OF GRANTS.—The amount of a grant to a State
with an application approved under this section for a fiscal year
shall be such amount as the Assistant Secretary determines appro-
priate.
‘‘(e) USE OF FUNDS.—
42 USC
3058aa–1.
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PUBLIC LAW 109–365—OCT. 17, 2006
‘‘(1) IN
GENERAL.—A State that receives a grant under
this section shall use funds made available through such grant
to promote the development and implementation of a com-
prehensive elder justice system by—
‘‘(A) establishing formal working relationships among
public and private providers of elder justice programs,
service providers, and stakeholders in order to create a
unified elder justice network across such State to coordinate
programmatic efforts;
‘‘(B) facilitating and supporting the development of
a management information system and standard data ele-
ments;
‘‘(C) providing for appropriate education (including edu-
cating the public about the range of available elder justice
information, programs, and services), training, and tech-
nical assistance; and
‘‘(D) taking such other steps as the Assistant Secretary
determines appropriate.
‘‘(2) MAINTENANCE OF EFFORT.—Funds made available to
States pursuant to this section shall be used to supplement
and not supplant other Federal, State, and local funds expended
to support activities described in paragraph (1).’’.
SEC. 705. RULE OF CONSTRUCTION.
Subtitle C of title VII of the Older Americans Act of 1965
(42 U.S.C. 3058bb et seq.) is amended by adding at the end the
following:
‘‘SEC. 765. RULE OF CONSTRUCTION.
‘‘Nothing in this title shall be construed to interfere with or
abridge the right of an older individual to practice the individual’s
religion through reliance on prayer alone for healing, in a case
in which a decision to so practice the religion—
‘‘(1) 
is 
contemporaneously 
expressed 
by 
the 
older
individual—
‘‘(A) either orally or in writing;
‘‘(B) with respect to a specific illness or injury that
the older individual has at the time of the decision; and
‘‘(C) when the older individual is competent to make
the decision;
‘‘(2) is set forth prior to the occurrence of the illness or
injury in a living will, health care proxy, or other advance
directive document that is validly executed and applied under
State law; or
‘‘(3) may be unambiguously deduced from the older individ-
ual’s life history.’’.
TITLE VIII—FEDERAL YOUTH
DEVELOPMENT COUNCIL
SEC. 801. SHORT TITLE.
This title may be cited as the ‘‘Tom Osborne Federal Youth
Coordination Act’’.
Tom Osborne
Federal Youth
Coordination Act.
42 USC 3058ff.
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PUBLIC LAW 109–365—OCT. 17, 2006
SEC. 802. ESTABLISHMENT AND MEMBERSHIP.
(a) ESTABLISHMENT.—There is established the Federal Youth
Development Council (in this title referred to as the ‘‘Council’’).
(b) MEMBERS AND TERMS.—
(1) FEDERAL EMPLOYEE MEMBERS.—The members of the
Council shall include the Attorney General, the Secretary of
Agriculture, the Secretary of Labor, the Secretary of Health
and Human Services, the Secretary of Housing and Urban
Development, the Secretary of Education, the Secretary of the
Interior, the Secretary of Commerce, the Secretary of Defense,
the Director of National Drug Control Policy, and the Chief
Executive Officer of the Corporation for National and Commu-
nity Service, or a designee of each such individual who holds
significant decision-making authority, and other Federal offi-
cials as directed by the President.
(2) ADDITIONAL MEMBERS.—
(A) IN GENERAL.—The members of the Council shall
include any additional members as the President shall
appoint from among representatives of community-based
organizations, including faith-based organizations, child
and youth focused foundations, institutions of higher edu-
cation, non-profit organizations, youth service providers,
State and local government, and youth in disadvantaged
situations.
(B) CONSULTATION.—In making the appointments
under this paragraph, the President, as determined appro-
priate by the President, shall consult with—
(i) the Speaker of the House of Representatives,
who shall take into account the recommendations of
the majority leader and the minority leader of the
House of Representatives; and
(ii) the president pro tempore of the Senate, who
shall take into account the recommendations of the
majority leader and the minority leader of the Senate.
(3) LENGTH OF TERM.—Each member of the Council shall
serve for the life of the Council.
(c) COMPENSATION AND TRAVEL EXPENSES.—
(1) NO
COMPENSATION
FOR
SERVICE
ON
COUNCIL.—Each
member of the Council appointed under section 802 who is
not an officer or employee of the United States shall not receive
pay by reason of the member’s service on the Council, and
shall not be considered an employee of the Federal Government
by reason of such service. Each member of the Council who
is an officer or employee of the United States shall serve
without compensation in addition to that received for the mem-
ber’s service as an officer or employee of the United States.
(2) TRAVEL AND TRANSPORTATION EXPENSES.—Each member
of the Council may be allowed travel or transportation expenses
in accordance with section 5703 of title 5, United States Code,
while away from the member’s home or regular place of busi-
ness in the performance of services for the Council.
(d) CHAIRPERSON.—The Chairperson of the Council shall be
the Secretary of Health and Human Services.
(e) MEETINGS.—The Council shall meet at the call of the Chair-
person, not less frequently than 4 times each year. The first meeting
shall be not less than 4 months after the date of enactment of
this Act.
President.
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PUBLIC LAW 109–365—OCT. 17, 2006
SEC. 803. DUTIES OF THE COUNCIL.
(a) IN GENERAL.—The duties of the Council shall be to provide
advice and recommendations, including—
(1) ensuring communication among agencies administering
programs designed to serve youth, especially those in disadvan-
taged situations;
(2) assessing the needs of youth, especially those in dis-
advantaged situations, and those who work with youth, and
the quantity and quality of Federal programs offering services,
supports, and opportunities to help youth in their educational,
social, emotional, physical, vocational, and civic development,
in coordination with the Federal Interagency Forum on Child
and Family Statistics;
(3) recommending quantifiable goals and objectives for such
programs;
(4) making recommendations for the allocation of resources
in support of such goals and objectives;
(5) identifying possible areas of overlap or duplication in
the purpose and operation of programs serving youth and rec-
ommending ways to better facilitate the coordination and con-
sultation among, and improve the efficiency and effectiveness
of, such programs;
(6) identifying target populations of youth who are dis-
proportionately at risk and assisting agencies in focusing addi-
tional resources on such youth;
(7) developing a plan, including common indicators of youth
well-being that are consistent with the indicators tracked by
the Federal Interagency Forum on Child and Family Statistics,
and assisting Federal agencies, at the request of 1 or more
such agencies, in coordinating to achieve the goals and objec-
tives described in paragraph (3);
(8) assisting Federal agencies, at the request of 1 or more
such agencies, in collaborating on—
(A) model programs and demonstration projects
focusing on special populations, including youth in foster
care and migrant youth;
(B) projects to promote parental involvement; and
(C) projects that work to involve young people in
service programs;
(9) soliciting and documenting ongoing input and rec-
ommendations from—
(A) youth, especially youth in disadvantaged situations;
(B) national youth development experts, researchers,
parents, community-based organizations, including faith-
based organizations, foundations, business leaders, youth
service providers, and teachers; and
(C) State and local government agencies, particularly
agencies serving children and youth; and
(10) working with Federal agencies—
(A) to promote high-quality research and evaluation,
identify and replicate model programs and promising prac-
tices, and provide technical assistance relating to the needs
of youth; and
(B) to coordinate the collection and dissemination of
youth services-related data and research.
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PUBLIC LAW 109–365—OCT. 17, 2006
(b) TECHNICAL ASSISTANCE.—The Council may provide technical
assistance to a State at the request of a State to support a State-
funded council for coordinating State youth efforts.
SEC. 804. COORDINATION WITH EXISTING INTERAGENCY COORDINA-
TION ENTITIES.
In carrying out the duties described in section 803, the Council
shall coordinate the efforts of the Council with other Federal, State,
and local coordinating entities in order to complement and not
duplicate efforts, including the following:
(1) Coordinating with the Federal Interagency Forum on
Child and Family Statistics, established under Executive Order
13045 (42 U.S.C. 4321 note; relating to protection of children
from environmental health risks and safety risks), on matters
pertaining to data collection.
(2) Coordinating with the United States Interagency
Council on Homelessness, established under section 201 of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11311),
on matters pertaining to homelessness.
(3) Coordinating with the Coordinating Council on Juvenile
Justice and Delinquency Prevention, established under section
206 of the Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5616), on matters pertaining to programs
for at-risk youth.
SEC. 805. ASSISTANCE OF STAFF.
(a) DESIGNATION OF INDIVIDUAL.—The Chairperson is author-
ized to designate an individual to have responsibility for assisting
in carrying out the duties of the Council under this title.
(b) STAFF OF FEDERAL AGENCIES.—Upon request of the Council,
the head of any Federal department or agency may detail, on
a reimbursable or nonreimbursable basis, any of the personnel
of the department or agency to the Council to assist in carrying
out the Council’s duties under this title.
SEC. 806. POWERS OF THE COUNCIL.
(a) MAILS.—The Council may use the United States mails in
the same manner and under the same conditions as other depart-
ments and agencies of the United States.
(b) ADMINISTRATIVE SUPPORT SERVICES.—Upon the request of
the Council, the Administrator of General Services shall provide
to the Council, on a reimbursable basis, the administrative support
services necessary for the Council to carry out its responsibilities
under this title.
SEC. 807. REPORT.
(a) INTERIM REPORT.—Not later than 1 year after the first
meeting of the Council, the Council shall transmit to the relevant
committees of Congress an interim report of the findings of the
Council.
(b) FINAL REPORT.—Not later than 2 years after the first
meeting of the Council, the Council shall transmit to the relevant
committees of Congress a final report of the Council’s findings
and recommendations, which report shall—
(1) include a comprehensive list of recent research and
statistical reporting by various Federal agencies on the overall
well-being of youth;
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PUBLIC LAW 109–365—OCT. 17, 2006
(2) include the assessment of the needs of youth and those
who serve youth;
(3) include a summary of the plan described in section
803(a)(7);
(4) recommend ways to coordinate and improve Federal
training and technical assistance, information sharing, and
communication among the various Federal programs and agen-
cies serving youth, as the Chairperson determines appropriate;
(5) include recommendations to better integrate and coordi-
nate policies across agencies at the Federal, State, and local
levels, including any recommendations the Chairperson deter-
mines appropriate, if any, for legislation and administrative
actions;
(6) include a summary of actions the Council has taken
at the request of Federal agencies to facilitate collaboration
and coordination on youth serving programs and the results
of those collaborations, if available;
(7) include a summary of the action the Council has taken
at the request of States to provide technical assistance under
section 803(b), if applicable; and
(8) include a summary of the input and recommendations
from the groups identified in section 803(a)(9).
SEC. 808. TERMINATION.
The Council shall terminate 60 days after transmitting the
final report under section 807(b).
SEC. 809. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this title
$1,000,000 for each of the fiscal years 2007 and 2008.
TITLE IX—CONFORMING AMENDMENTS
SEC. 901. CONFORMING AMENDMENTS TO OTHER ACTS.
(a) OLDER AMERICANS ACT AMENDMENTS
OF 1987.—Section
205(1) of the Older Americans Act Amendments of 1987 (42 U.S.C.
3001 note) is amended by striking ‘‘section 102(17) of the Older
Americans Act of 1965 (42 U.S.C. 3002(17))’’ and inserting ‘‘section
102 of the Older Americans Act of 1965 (42 U.S.C. 3002)’’.
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120 STAT. 2599
PUBLIC LAW 109–365—OCT. 17, 2006
LEGISLATIVE HISTORY—H.R. 6197 (S. 3570):
SENATE REPORTS: No. 109–366 accompanying S. 3570 (Comm. on Health, Edu-
cation, Labor, and Pensions).
CONGRESSIONAL RECORD, Vol. 152 (2006):
Sept. 28, considered and passed House.
Sept. 29, considered and passed Senate.
(b) ENERGY CONSERVATION
AND PRODUCTION ACT.—Section
412(6) of the Energy Conservation and Production Act (42 U.S.C.
6862(6)) is amended by striking ‘‘paragraphs (4), (5), and (6), respec-
tively, of section 102’’ and inserting ‘‘section 102’’.
Approved October 17, 2006.
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