109th CONGRESS
2d Session
H. R. 5293
IN THE SENATE OF THE UNITED STATES
June 22, 2006
Received; read twice and referred to the Committee on Health, Education,
Labor, and Pensions
AN ACT
To amend the Older Americans Act of 1965 to authorize appropriations
for fiscal years 2007 through 2011, and for other purposes.
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 `Senior Independence Act of
2006'.
(b) Table of Contents- The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 3. Establishment of Administration on Aging.
Sec. 4. Functions of the Assistant Secretary.
Sec. 5. Federal agency consultation.
Sec. 9. Contractual, commercial and private pay relationships; appropriate
use of Act funds.
Sec. 10. Nutrition education.
Sec. 11. Pension counseling and information programs.
Sec. 12. Authorization of appropriations.
Sec. 13. Purpose; administration.
Sec. 14. Authorization of appropriations; uses of funds.
Sec. 19. Nutrition services incentive program.
Sec. 20. Consumer contributions.
Sec. 21. Supportive services and senior centers program.
Sec. 22. Nutrition service.
Sec. 23. Congregate nutrition program.
Sec. 24. Home delivered nutrition services.
Sec. 27. Evaluation of nutrition projects.
Sec. 28. Improving indoor air quality to buildings where seniors congregate.
Sec. 29. Caregiver support program definitions.
Sec. 30. Caregiver support program.
Sec. 31. Activities of national significance.
Sec. 32. Title IV grant programs.
Sec. 33. Career preparation for the field of aging.
Sec. 34. Health care service demonstration projects in rural areas.
Sec. 35. Demonstration projects for multigenerational activities.
Sec. 36. Native American programs.
Sec. 37. Multidisciplinary centers.
Sec. 38. Responsibilities of Assistant Secretary.
Sec. 39. Community service employment-based training for older Americans.
Sec. 40. Native Americans caregiver support program.
Sec. 41. Vulnerable elder rights protection activities.
Sec. 42. Native American organization provisions.
Sec. 43. Elder abuse, neglect, and exploitation prevention.
Sec. 44. Technical amendments.
SEC. 2. DEFINITIONS.
Section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002) is amended--
(1) by amending paragraph (10) to read as follows:
`(10) The terms `assistive device', `assistive technology', 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 amending paragraph (12)(D) to read as follows:
`(D) evidence-based health promotion programs, including programs related
to the prevention and mitigation of the effects of chronic disease (including
osteoporosis, hypertension, obesity, diabetes, and cardiovascular disease),
alcohol and substance abuse reduction, smoking cessation, weight loss
and control, stress management, falls prevention, physical activity,
and improved nutrition through the consumption of a healthful diet and
multivitamin-mineral supplementation;',
(3) 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.',
(4) by amending paragraph (24) to read as follows:
`(24) The term `exploitation' means the fraudulent or otherwise illegal,
unauthorized, or improper act or process of an individual 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.',
(5) by amending paragraph (34) to read as follows:
`(34) The term `neglect' means--
`(A) the failure of a caregiver or fiduciary to provide goods or services
that are necessary to maintain the health or safety of an elder; or
(6) by redesignating paragraphs (1) through (43) as paragraphs (43), (7),
(48), (37), (25), (26), (52), (13), (46), (8), (28), (12), (1), (2), (3),
(5), (6), (10), (24), (35), (11), (14), (15), (17), (19), (20), (21),
(22), (27), (29), (30), (32) (33), (36), (38), (39), (40), (41), (42),
(49), (51), (18), and (47), respectively,
(7) by transferring such paragraphs so as to arrange them in numerical
order as so redesignated,
(8) by inserting after paragraph (3), as so redesignated the following:
`(4) The term `Aging and Disability Resource Center' means a program established
by a State as part of the State's system of long-term care, to provide
a coordinated system for providing--
`(A) comprehensive information on available public and private long-term
care programs, options, and resources;
`(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
circumstances; and
`(C) consumer access to the range of publicly-supported long-term care
programs for which they may be eligible, by serving as a convenient
point of entry for such programs.',
(9) by inserting after paragraph (8), as so redesignated, the following:
`(9) The term `at risk for institutional placement' means, with respect
to an older individual, that such individual is unable to perform at least
two activities of daily living without substantial human assistance (including
verbal reminding, physical cuing, or supervision) and is determined by
the State to be in need of placement in a long-term care facility.',
(10) by inserting after paragraph (15), as so redesignated, the following:
`(16) The term `elder justice' means efforts to prevent, detect, treat,
intervene in, and respond to elder abuse, neglect, and exploitation and
to protect elders with diminished capacity while maximizing their autonomy.',
(11) by inserting after paragraph (22), as so redesignated, the following:
`(23) The term `Hispanic serving institution' has the meaning as defined
in section 502 of the Higher Education Act of 1965 (20 U.S.C. 1101A).',
(12) by inserting after paragraph (30), as so redesignated, the following:
`(31) The term `long-term care' means any services, care, or items (including
assistive devices), including disease prevention and health promotion
services, in-home services, and case management service--
`(A) intended to assist individuals in coping with, and to the extent
practicable compensate for, functional impairments 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.',
(13) by inserting after paragraph (33), as so redesignated, the following:
`(34) The term `multivitamin-mineral supplement' means a dietary supplement
that provides at least two-third's of the essential vitamins and minerals
at 100 percent of the daily value levels as determined by the Food and
Drug Administration.',
(14) by inserting after paragraph (43), as so redesignated, the following:
`(44) The term `self-directed care' means an approach to providing services
(including programs, benefits, supports, and technology) under this Act
intended to an older individual to assist such 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 necessary and appropriate to enable such individual to make informed
decisions about his or her care options;
`(C) the needs, capabilities, and preferences of such individual with
respect to such services, and such individual's ability to direct and
control his or her receipt of such services, are assessed by the area
agency on aging (or other agency designated by the area agency on aging);
`(D) based on the assessment made under subparagraph (C), the area agency
on aging (or other agency designated by the area agency on aging) develops
together with such individual and his or her family, caregiver, or legal
representative--
`(i) a plan of services for such individual that specifies which services
such individual will be responsible for directing;
`(ii) a determination of the role of family members (and others whose
participation is sought by such individual) 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.
`(45) 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.', and
(15) by inserting after paragraph (49), as so redesignated, the following:
`(50) The term `State system of long-term care' means the Federal, State,
and local programs and activities administered by a State that provide,
support, or facilitate access to long-term care to individuals in such
State.'.
SEC. 3. ESTABLISHMENT OF ADMINISTRATION ON AGING.
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 may designate within the Administration
responsibility for elder abuse prevention and services.
`(2) It shall be the duty of the assistant secretary, acting through the
person designated with responsibility for elder abuse prevention and services,
to develop objectives, priorities, policy, and a long-term plan for--
`(A) carrying out elder justice programs and activities relating to--
`(i) elder abuse prevention, detection, treatment, and intervention,
and response;
`(ii) training of individuals regarding the matters described in clause
(i); and
`(iii) the improvement of the elder justice system in the United States;
`(B) collecting and disseminating data relating to the abuse, neglect,
and exploitation of older individuals;
`(C) disseminating information concerning best practices regarding, and
providing training on, carrying out activities related to abuse, neglect,
and exploitation of older individuals;
`(D) conducting research related to abuse, neglect, and exploitation of
older individuals;
`(E) providing technical assistance to States and other eligible entities
under title VII;
`(F) assisting States and other eligible entities under title VII to develop
strategic plans to better coordinate elder justice activities, research,
and training; and
`(G) promoting collaborative efforts and diminishing duplicative efforts
in the development and carrying out of elder justice programs at the Federal,
State, and local levels.
`(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 in paragraph (1), to develop objectives, priorities,
and a long-term plan for supporting State and local efforts involving education,
prevention, detection, and treatment of mental disorders, including age-related
dementia, depression, and Alzheimer's disease and related neurological disorders.'.
SEC. 4. FUNCTIONS OF THE ASSISTANT SECRETARY.
Section 202 of the Older Americans Act of 1965 (42 U.S.C. 3012) is amended--
(A) in paragraph (5) by inserting `assistive technology,' after `housing,',
(i) by striking `(12)' and inserting the following:
`(12)(A) consult and coordinate activities with the Centers for Medicare
& Medicaid Services and other federal entities to implement and build
awareness of programs providing benefits affecting older individuals;
and
(i) by striking `and area agencies on aging' and inserting `, area
agencies on aging, and service providers',
(ii) by striking `and benefits' and inserting `benefits',
(iii) by inserting `benefits under any other applicable Federal program,
or any other service (including technology and internet-based decision
support tools) to assist consumers to learn about, to receive benefits
under, and to participate in programs for which they may be eligible'
after `(7 U.S.C. 2011 et seq.),',
(iv) by inserting `(A)' after `(20)', and
(v) by adding at the end the following:
`(B) provide technical assistance and support for benefits enrollment
assistance and outreach to support efforts to inform and enroll low-income
older individuals who may be eligible to participate, but who are not
participating, in Federal and State programs for which they are eligible,
and may in cooperation with Federal partners, make grants or contracts
to establish a National Center on Senior Benefits Outreach and Enrollment,
which shall--
`(i) maintain and update web-based decision supports and enrollment
tools and integrated, person-centered systems designed to inform older
individuals about the full range of benefits for which they may be eligible;
`(ii) utilize cost-effective strategies to find and enroll those with
greatest economic need;
`(iii) create and support efforts for Aging and Disability Resource
Centers, and other public and private State and community-based organizations
and coalitions, including faith-based organizations, to serve as enrollment
benefit centers;
`(iv) develop and maintain an information clearinghouse on best practices
and cost-effective methods for identifying and enrolling limited income
older Americans in benefits for which they are eligible; and
`(v) provide, in collaboration with Federal partners administering programs,
training and technical assistance on effective outreach, screening,
enrollment and follow-up strategies.',
(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,
(i) in subparagraph (B) by adding `and' at the end,
(ii) in subparagraph (C) by striking the semicolon and inserting a
period, and
(iii) 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 support the provision of evidence-based
disease prevention and health promotion services.', and
(2) by striking subsections (b) and (c), and inserting the following:
`(b) To promote the development and implementation of comprehensive, coordinated
systems at Federal, State, and local levels for providing 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 provisions of this title--
`(1) collaborate, coordinate, and consult with other Federal agencies
and departments responsible for formulating and implementing programs,
benefits, and services related to providing long-term care, and may make
grants, contracts, and cooperative agreements 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 institutional placement,
to permit such individuals to remain in home and community-based care
settings;
`(3) establish criteria 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 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;
`(4) facilitate, in coordination with the Centers for Medicare & Medicaid
Services, the Cash and Counseling National Program Office, and other Federal
entities as appropriate, the provision of long-term care in home and community-based
settings, including the provision of self-directed care models that--
`(A) provide for the assessment of the needs and preferences of an individual
at risk for institutional placement to help such individual avoid unnecessary
nursing home placement and depletion of income and assets to qualify
for Medicaid eligibility;
`(B) respond to the needs and preferences of such individual and provide
the option for the individual (or representative, as appropriate) to
direct and control the receipt of support services provided;
`(C) assist an older individual (or a representative, as appropriate)
develop a plan for long-term support, including the selecting, budgeting,
and purchasing of home and community-based long-term care and supportive
services;
(for purposes of this paragraph, the term `representative' means a person
appointed by the eligible individual, or legally acting on the individual's
behalf, to represent or advise the individual in financial or service
coordination matters);
`(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 determines 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 Federal agencies,
enhanced awareness by the public of the importance of planning in advance
for long-term care and the availability of information and resources to
assist in such planning;
`(7) implement in all States Aging and Disability Resource Centers--
`(A) to serve as visible and trusted sources of information on the full
range of long-term care options that are available in the community,
including both institutional and home and community-based care;
`(B) to provide personalized and consumer friendly assistance to empower
people 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 consumers can obtain the care they need
though a single intake, assessment and eligibility determination process;
`(D) to help people to plan ahead for their future long-term care needs;
and
`(E) to assist, in coordination with the State Health Insurance Assistance
Program, Medicare beneficiaries in understanding and accessing the Prescription
Drug Coverage and preventative health benefits available under the Medicare
Modernization Act;
`(8) 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--
`(A) such home and community-based long-term care systems, including
evidence-based programs; and
`(B) such evidence-based health promotion and disease prevention programs;
`(9) 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 systems of long-term
care fulfill the objectives described in this subsection; and
`(10) conduct such other activities as the Assistant Secretary determines
to be appropriate.
`(c) The Assistant Secretary, in consultation with the Corporation for National
and Community Service, shall--
`(1) encourage and permit voluntary groups active in supportive services
and civic engagement, including youth organizations active at the secondary
or postsecondary levels, to participate and be involved individually or
through representative groups, in such 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 and faith-based organizations; and
`(3) encourage other community capacity building initiatives involving
older individuals, with particular attention to initiatives that demonstrate
the effectiveness and cost savings in meeting critical needs.'.
SEC. 5. 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) 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
(A) in paragraph (17) by striking `and' at the end,
(B) in paragraph (18) by striking the period at the end 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).'.
SEC. 6. ADMINISTRATION.
Section 205 of the Older Americans Act of 1965 (42 U.S.C. 3016) is amended--
(i) in subparagraph (C) by adding `and' at the end,
(ii) in subparagraph (D) by striking the semicolon at the end and
inserting a period, and
(iii) by striking subparagraph (E), and
(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
Nutrition Monitoring and Related Research Act of 1990 (7 U.S.C. 5341),
the Food Guide Pyramid published jointly by the Secretary and the Secretary
of Agriculture, 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, particularly
strategies for increasing the consumption of whole grains, lowfat dairy
products, fruits and vegetables;
`(ix) developing and disseminating guidelines for conducting nutrient
analyses of meals provided in subparts 1 and 2 of part C, 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 (viii).', and
(ii) by amending subparagraph (C)(i) to read as follows:
`(i) have expertise in nutrition, energy balance, and meal planning; and'.
SEC. 7. EVALUATION.
The 1st sentence of section 206(g) of the Older Americans Act of 1965 (42
U.S.C. 3017(g)) is amended to read as follows:
`From the total amount appropriated for each fiscal year to carry out title
III, the Secretary may use such sums as may be necessary, but not to exceed
1/2 of 1 percent of such amount, for purposes of conducting evaluations
under this section, either directly or through grants or contracts.'.
SEC. 8. REPORTS.
Section 207(b)(2) of the Older Americans Act of 1965 (42 U.S.C. 3018(b)(2))
is amended--
(1) in subparagraph (B) by striking `Labor' and inserting `the Workforce',
and
(2) in subparagraph (C) by striking `Labor and Human Resources' and inserting
`Health, Education, Labor, and Pensions'.
SEC. 9. CONTRACTUAL, COMMERCIAL AND PRIVATE PAY RELATIONSHIPS; APPROPRIATE
USE OF ACT FUNDS.
(a) Private Pay Relationships; Appropriate Use of Act Funds- Section 212
of the Older Americans Act of 1965 (42 U.S.C. 3020c) is amended to read
as follows:
`SEC. 212. CONTRACTING AND GRANT AUTHORITY; PRIVATE PAY RELATIONSHIPS;
APPROPRIATE USE OF FUNDS.
`(a) In General- Subject to subsection (b), this Act shall not be construed
to prevent a recipient of a grant or a contract from entering into an agreement--
`(1) with a profitmaking organization;
`(2) under which funds provided under such grant or contract are used
to pay part or all of a cost (including an administrative cost) incurred
by such recipient to carry out a contract or commercial relationship for
the benefit of older individuals or their family caregivers, whether such
relationship is carried out to implement a provision of this Act or to
conduct activities inherently associated with implementing such provision;
or
`(3) under which any individual, regardless of age or income (including
the family caregiver of such individual), who seeks to receive 1 or more
services pays, at their own private expense, to receive such services
based on the fair market value of such services.
`(b) Ensuring Appropriate Use of Funds- An agreement described under subsection
(a) may not--
`(1) be made without the prior approval of the State agency (or, in the
case of a grantee under title VI, without the prior recommendation of
the Director of the Office for American Indian, Alaska Native, and Native
Hawaiian Aging and the prior approval of the Assistant Secretary);
`(2) directly or indirectly provide for, or have the effect of, paying,
reimbursing, or otherwise compensating an entity under such agreement
in an amount that exceeds the fair market value of the goods or services
furnished by such entity under such agreement;
`(3) result in the displacement of services otherwise available to an
older individual with the greatest social need, an older 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 inconsistent with the
objective of serving the needs of older individuals, as determined by
the Assistant Secretary.'.
SEC. 10. 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 assistance 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 are designed for older individuals and that include nutrition education,
physical activity, and other activities to modify behavior and to improve
health literacy (including information on optimal nutrient intake) through
education and counseling in accordance with section 339(2)(J).'.
SEC. 11. 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 individuals with limited English
proficiency',
(2) in subsection (f) by amending paragraph (2) to read as follows:
`(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 in need of special outreach.',
and
(3) in subsection (h)(2) by inserting `(including individuals with limited
English proficiency)' after `individuals'.
SEC. 12. 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'.
SEC. 13. 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 with experience in providing senior volunteer services,
such as Federal volunteer programs administered by the Corporation for
National and Community Service designed to provide training, placement,
and stipends for volunteers in community service settings.'.
SEC. 14. 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
(A) by striking paragraph (1),
(i) by striking `(2)' and inserting `(1)', and
(ii) by striking `each of the 4 succeeding fiscal years' and inserting
`for fiscal years 2007, 2008, 2009, 2010, and 2011', and
(i) by striking `(3)' and inserting `(2)', and
(ii) by striking `paragraphs (1) and (2)' and inserting `paragraph
(1)'.
SEC. 15. ORGANIZATION.
Section 305(a) of the Older Americans Act of 1965 (42 U.S.C. 3025(a)) is
amended--
(1) in paragraph (1)(E) 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)',
(2) in paragraph (2)(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
(3) by adding at the end the following:
`(3) the State agency shall, consistent with this section, promote the
development and implementation of a comprehensive, coordinated system
in such State for providing 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, 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 commenting on any State rules, regulations,
and policies related thereto;
`(C) conducting analyses and making recommendations, and implementing
programs and strategies to modify the State's system of long-term care
to better--
`(i) respond to the needs and preferences of older individuals and
family caregivers;
`(ii) facilitate the provision of long-term care in home and community-based
settings through service providers; and
`(iii) target services to individuals at risk for institutional placement,
to permit such individuals to remain in home and community-based care
settings;
`(D) implement (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 appropriate means) of information relating to--
`(i) the need to plan in advance for long-term care; and
`(ii) the range of available public and private long-term care programs,
options, and resources.'.
SEC. 16. AREA PLANS.
Section 306 of the Older Americans Act of 1965 (42 U.S.C. 3026) is amended--
(i) 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, low-income minority older individuals, older individuals
with limited English proficiency, and older individuals residing in
rural areas)', and
(ii) by inserting `the number of older individuals at risk for institutional
placement residing in such area,' after `individuals) residing in
such area,',
(i) in subparagraph (A)--
(I) by amending clause (i) to read as follows:
`(i) provide assurances that the area agency on aging will--
`(I) 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;
`(II) include in the area plan specific objectives for providing services
to low-income minority older individuals and older individuals residing
in rural areas; and
`(III) include in the area plan proposed methods to achieve such objectives;',
and
(II) in clause (ii) by inserting `(including older individuals 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 subclauses (I) through (VI) of clause (i), 2 ems
to the left,
(aa) in subclause (V) by striking `and' at the end; and
(bb) by adding at the end the following:
`(VI) older individuals at risk for institutional placement; and',
and
(III) by striking `(VI)' and inserting `(VII)',
(C) in paragraph (5) by inserting `and individuals at risk for institutional
placement' after `severe disabilities',
(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 elderly and disabled individuals needing such care and, if possible,
work in coordination with volunteer programs (including programs administered
by the Corporation for National Service) designed to provide training,
placement, and stipends for volunteers in community service settings.',
(ii) in subparagraph (D)--
(I) by inserting `family caregivers of such individuals,' after
`Act,', and
(II) by inserting `service providers, the business community,' after
`individuals,', and
(iii) by amending subparagraph (F) to read as follows:
`(F) in coordination with the State unit on aging and 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 provided (including mental health
screenings) 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;',
(E) by amending 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 providing 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, and consulting 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, making recommendations, and implementing programs
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, through service providers, of long-term
care in home and community-based settings; and
`(iii) target services to older individuals at risk for institutional
placement, to permit such individuals to remain in home and community-based
care settings;
`(C) implement, through the agency or service providers, 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) provide for the availability and distribution (through public education
campaigns, aging and disability resource centers, and other appropriate
means) of information relating to--
`(i) the need to plan in advance for long-term care; and
`(ii) the range of available public and private long-term care programs,
options, and resources;',
(F) by striking paragraph (14) and the 2 paragraphs (15),
(G) 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) in a manner, consistent with paragraph (4), that gives priority
in furnishing benefits and services to older individuals with greatest
economic need, older individuals with greatest social need, and older
individuals at risk for institutional placement; and
`(B) in compliance with the assurances specified in paragraph (13) and
the limitations specified in section 212(b); and
`(16) provide, to the maximum extent feasible, for the furnishing of services
under this Act consistent with self-directed care.',
(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 planning and service area is for any anticipated change
in the number of older individual during the 10-year period following the
fiscal year for which the plan is submitted. 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
such individuals with low incomes, such 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
in the planning and service area can be improved, and how resource levels
can be adjusted, to meet the needs of the changing population of older
individuals in such area; and
`(D) an analysis of how the change in the number of individuals 85 years
of age and older is expected to affect the need for supportive services.
`(2) 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;
`(F) workforce and economic development;
`(I) civic engagement; and
`(J) any other service as determined by such agency.'.
SEC. 17. STATE PLANS.
Section 307(a) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)) is
amended--
(1) in paragraph (4) by striking `with particular attention to low-income
minority individuals and older individuals residing in rural areas' and
inserting `low-income minority older individuals, older individuals with
limited English proficiency, and older individuals residing in rural areas',
(2) by striking paragraph (15),
(3) by redesignating paragraph (14) as paragraph (15),
(4) by inserting after paragraph (13) the following:
`(14) The plan shall, with respect to the fiscal year preceding 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 older individuals with
limited English proficiency; and
`(B) describe the methods used to satisfy the service needs of such
minority older individuals, including the plan to service the needs
of older individuals with limited English proficiency.',
(5) in clauses (ii) and (iii) of paragraph (16)(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, low-income minority older individuals,
older individuals with limited English proficiency, and older individuals
residing in rural areas)', and
(6) by adding at the end the following:
`(27) The plan shall provide assurances that area agencies on aging will,
to the maximum extent feasible, provide 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 a 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 individuals in the
State;
`(ii) an analysis of how such change may affect such individuals, including
individuals with low incomes, individuals with great 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 85
years of age and older in the State is expected to affect the need for
supportive services.'.
SEC. 18. 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. 19. NUTRITION SERVICES INCENTIVE PROGRAM.
(a) Cash Only Program; Authority To Use Program Funds To Purchase Food Through
School Food Authorities- 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) Each State agency shall promptly and equitably disburse amounts received
under this subsection to recipients of grants and contracts.',
(A) in paragraph (1) by inserting `(including bonus commodities)' after
`commodities',
(B) in paragraph (2) by inserting `(including bonus commodities)' after
`commodities',
(C) in paragraph (3) by inserting `(including bonus commodities)' after
`products', and
(D) by adding at the end the following:
`(4) Among the commodities delivered under this subsection, the Secretary
of Agriculture shall give special emphasis to high protein foods. The Secretary
of Agriculture, in consultation with the Assistant Secretary, is authorized
to prescribe the terms and conditions respecting the donation of commodities
under this subsection.',
(3) by amending subsection (d) to read as follows:
`(d)(1) Amounts provided under subsection (b) to State grantees and contractors,
and to title VI grantees, shall be available only for the purchase by such
entities of United States agricultural commodities and other foods for their
respective nutrition projects, subject to paragraph (2).
`(2) Part or all of the amounts received by an entity specified in paragraph
(1) may be used to pay a school food authority (as referred to under 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',
(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 Secretary and the Secretary of Agriculture', and
(B) by amending paragraphs (1) and (2) to read as follows:
`(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; and
`(2) the donated foods available to such State agencies, area agencies
on aging, and providers under subsection (c).'.
SEC. 20. CONSUMER CONTRIBUTIONS.
Section 315 of the Older Americans Act of 1965 (42 U.S.C. 3030c-2) is amended--
(A) in paragraph (1) by striking `provided that' and inserting `, and
such contributions shall be encouraged for individuals whose self-declared
income is at or above 125 percent of the poverty line and may be requested
at contribution levels based on the actual cost of services, if', and
(B) in paragraph (4)(E) by inserting `and to supplement (not supplant)
funds received under this Act' after `given',
(2) in subsection (c)(2) 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
(3) in subsection (d) by striking `with particular attention to low-income
and 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'.
SEC. 21. SUPPORTIVE SERVICES AND SENIOR CENTERS PROGRAM.
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 inserting `(including assistive technology devices
and assistive technology services)' after `services',
(3) in paragraph (14)(B) by inserting `(including mental health)' after
`health',
(A) by striking `school-age children' and inserting `students', and
(B) by inserting `services to 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 carry out and coordinate, with respect to mental
health services, activities including outreach, education, screening,
and referral for treatment of older individuals;
(24) activities to promote and disseminate information about life-long
learning programs, including opportunities for distance teaching; and'.
SEC. 22. NUTRITION SERVICE.
After the heading of part C of title III of the Older Americans Act of 1965
(42 U.S.C. 3030e-3030g-22), insert the following:
`SEC. 330. PURPOSE.
`It is the purpose of this part to promote socialization and the health
and well-being of older individuals by assisting such individuals to gain
access to disease prevention and health promotion services (including information,
nutrition services, and programs of physical activity) to delay the onset
of health conditions resulting from poor nutritional health or sedentary
behavior.'.
SEC. 23. 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,',
(A) by striking `which' the last place it appears, and
(B) by striking `and' at the end, 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; and
`(4) may provide along with a meal described in (1), a multivitamin-mineral
supplement as an addition to such meal.'.
SEC. 24. 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 program to make
grants to States under State plans approved under section 307 for the establishment
and operation of nutrition projects for older individuals which provide,
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)--
`(1) at least 1 home delivered meal per day consisting of hot, cold, frozen,
dried, canned, fresh, or supplemental 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. 25. 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 experts in the field 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. 26. NUTRITION.
Section 339 of the Older Americans Act of 1965 (42 U.S.C. 3030g-21) is amended--
(1) by amending 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
(A) in subparagraph (A)--
(i) by amending 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) by striking `daily recommended dietary allowances
as' and inserting `dietary reference intakes',
(B) in subparagraph (D)--
(i) by inserting `joint' after `encourages', and
(ii) by inserting `shared' after `promote',
(C) by amending subparagraph (G) to read as follows:
`(G) ensures that local meal providers solicit the advice and expertise
of--
`(i) a dietitian or, if a dietitian is not available, an individual
with comparable expertise in the planning of nutrition and food services,
`(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) by amending subparagraph (J) to read as follows:
`(J) provides for nutrition screening and nutrition education, and nutrition
assessment and counseling if appropriate, and', and
(F) by adding at the end the following:
`(K) encourages professionals who distribute nutrition assistance under
subpart 2 to provide information to homebound seniors on how to get
an influenza vaccination in their local areas.'.
SEC. 27. EVALUATION OF NUTRITION PROJECTS.
(a) Study- The Assistant Secretary for Aging shall use funds allocated in
section 206(g) of the Older Americans Act of 1965 to enter into a contract
with the Food and Nutrition Board of the Institute of Medicine, for the
purpose of establishing an independent panel of experts that will conduct
an evidence-based evaluation of the nutrition projects authorized in such
Act. Such study shall, to the extent data are available, include--
(1) an evaluation of the effect of nutrition projects authorized by such
Act on--
(A) health status of participants, including nutritional status,
(B) prevention of participant hunger and food insecurity, and
(C) ability of participants to remain living independently,
(2) a cost-benefit analysis of nutrition projects authorized by such Act,
including the potential to affect costs of Federal programs under title
XIX of the Social Security Act, and
(3) recommendations for how nutrition projects authorized by such Act
may be modified to improve the outcomes described in paragraph (1), including
recommendations for improving the nutritional quality of meals and other
potential strategies to improve the nutritional status of participants,
including vitamin-mineral supplementation.
(b) Timing- The Institute of Medicine shall establish an independent panel
of experts not later than 90 days after the date of the enactment of this
Act. The panel shall submit to the Assistant Secretary the report described
in subsection (a) not later than 24 months after the date of the enactment
of this Act. The Assistant Secretary shall submit a report on the findings
of the evidence-based study described in such subsection to the Committee
on Education and the Workforce of the House of Representatives and the Committee
on Health, Education, Labor and Pensions of the Senate.
SEC. 28. IMPROVING INDOOR AIR QUALITY IN BUILDINGS WHERE SENIORS 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 seniors congregate.'.
SEC. 29. 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 (2) by inserting `or an individual with Alzheimer's disease
or a related disorder with neurological and organic brain dysfunction'
before the period at the end, and
(3) in paragraph (3) by striking `60' and inserting `55'.
SEC. 30. 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 addressing caregiver issues related to the areas of health, nutrition,
and financial literacy, and in making decisions and solving problems relating
to their caregiving roles;',
(2) by amending subsection (d) to read as follows:
`(d) Use of Volunteers- In carrying out this subpart, each area agency on
aging shall encourage the use of trained volunteers to expand the available
services described in subsection (b) and shall, if possible, coordinate
with volunteer programs (including programs administered by the Corporation
for National Service) designed to provide training, placement, and stipends
for volunteers in community service settings.',
(3) in subsection (e)(3) by adding at the end the following: `The reports
shall describe any mechanisms used in the State to provide family caregivers
of an older individual and relative caregivers of a child or an adult
child with a disability, information about and access to various services
so that caregivers can better carry out their care responsibilities.',
(4) in subsection (f)(1) by striking `2001 through 2005' and inserting
`2007, 2008, 2009, 2010, and 2011', and
(5) 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. 31. ACTIVITIES OF NATIONAL SIGNIFICANCE.
Section 376 of the National Family Caregiver Support Act (42 U.S.C. 3030s-12)
is repealed.
SEC. 32. TITLE IV GRANT PROGRAMS.
Section 411 of the Older Americans Act of 1965 (42 U.S.C. 3032) is amended--
(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:
`(9) planning activities to prepare communities for the aging of the population,
which include--
`(A) efforts to assess the aging population;
`(B) activities to coordinate State and local agencies in order to meet
the needs of older individuals; and
`(C) training and technical assistance to support States, area agencies
on aging, and tribal organizations receiving a grant under title VI,
engage in community planning activities; and
`(10) the development, implementation, and assessment of technology-based
service models and best practices, to support the use of health monitoring
and assessment technologies, communication devices, assistive technologies,
and other technologies that may remotely connect family and professional
caregivers to frail elderly residing in home- and community-based settings
or rural areas;
`(11) conducting activities of national significance to promote quality
and continuous improvement in the support provided to family and other
informal caregivers of older individuals through activities that include
program evaluation, training, technical assistance, and research, including--
`(A) intergenerational programs--
`(i) providing support to grandparents and other older relatives raising
children (such as kinship navigator programs); and
`(ii) involving senior volunteers 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;
`(B) programs addressing unique issues faced by rural caregivers;
`(C) programs focusing on the needs of older individuals with cognitive
impairment such as Alzheimer's disease and other dementias, and their
caregivers;
`(D) programs supporting caregivers in the role they play in health
promotion and disease prevention;
`(12)(A) building public awareness of cognitive impairment such as Alzheimer's
disease and related disorders with neurological and organic brain dysfunction,
depression, and mental disorders; and
`(B) developing and enhancing multidisciplinary systems for the delivery
of mental health screening and treatment referral services to improve
access to community-based mental health services for older individuals;
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. 33. 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 by amending subsection (a) 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. 34. HEALTH CARE SERVICE DEMONSTRATION PROJECTS IN RURAL AREAS.
Section 414 of the Older Americans Act of 1965 (42 U.S.C. 3032d) 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,'.
SEC. 35. DEMONSTRATION PROJECTS FOR MULTIGENERATIONAL ACTIVITIES.
Section 417(c)(2) of the Older Americans Act of 1965 (42 U.S.C. 3032f(c)(2))
is amended 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)'.
SEC. 36. 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 `problems'.
SEC. 37. MULTIDISCIPLINARY CENTERS.
Section 419 of the Older Americans Act of 1995 (42 U.S.C. 3032h) is amended--
(1) in subsection (a) by inserting `diverse populations of older individuals
residing in urban communities,' after `minority populations,', and
(2) in subsection (b)(2)--
(A) in subparagraph (E) by inserting `, including information about
best practices in long-term care service delivery, housing, and transportation'
before the semicolon at the end,
(B) in subparagraph (F)--
(i) by striking `consultation and',
(ii) by inserting `and other technical assistance' after `information',
and
(iii) by striking `and' at the end,
(C) in subparagraph (G) by striking the period at the end and inserting
`; and', and
(D) by adding at the end the following:
`(H) provide training and technical assistance to support the provision
of community-based mental health services for older individuals.'.
SEC. 38. 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 preparing 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
Administration' before the period at the end.
SEC. 39. COMMUNITY SERVICE EMPLOYMENT-BASED TRAINING FOR OLDER AMERICANS.
Title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.) is amended
to read as follows:
`TITLE V--COMMUNITY SERVICE EMPLOYMENT-BASED TRAINING FOR OLDER AMERICANS
`SEC. 501. SHORT TITLE.
`This title may be cited as the `Older American Community Service Employment-Based
Training Act'.
`SEC. 502. OLDER AMERICAN COMMUNITY SERVICE EMPLOYMENT-BASED TRAINING
PROGRAM.
`(a) To foster individual economic self-sufficiency and to increase the
number of individuals who may enjoy the benefits of unsubsidized employment
in both the public and private sectors, the Secretary of Labor (hereafter
in this title referred to as the `Secretary') may establish an older American
community service employment-based training program to foster and promote
useful part-time public and private-sector employment-based training opportunities
for unemployed low-income eligible individuals who have poor employment
prospects and to provide vital social and human services to communities
by providing work experience to eligible individuals in public agencies,
community-based and faith-based organizations.
`(b)(1) To carry out this title, the Secretary may make grants to public
and nonprofit 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. No payment shall be made by the Secretary toward the cost
of any project established or administered by any organization or agency
unless the Secretary determines that such project--
`(A) shall provide authorized activities only for eligible individuals,
and that not less than 50 percent of hours worked (in the aggregate) shall
be in community service employment-based training provided by a grantee
in a program year;
`(B)(i) shall provide authorized activities for eligible individuals in
the community in which such individuals reside, or in nearby communities,
and that not less than 50 percent of hours worked (in the aggregate) shall
be in community service employment-based training provided by a grantee
in a program year; or
`(ii) if such project is carried out by a tribal organization that receives
a grant under this subsection or receives assistance from a State that
receives a grant under this subsection, will provide authorized activities,
including community service employment-based training for such individuals,
including those who are Indians residing on an Indian reservation, as
defined in section 2601(2) of the Energy Policy Act of 1992 (25 U.S.C.
3501(2));
`(C) together with all the projects carried out under this title in each
program year by a grantee, will not provide for participation under this
title by eligible individuals (in the aggregate) for an average period
per capita that exceeds 24 months (whether or not consecutive) during
the period including the program year for which the determination under
this subparagraph is made and the previous program years in which such
grantee carried out projects under this title;
`(D) will provide employment-based training to eligible individuals in
service related to publicly owned and operated facilities and projects,
or projects sponsored by profitmaking or 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) is intended to result in unsubsidized employment for eligible individuals
after completion of such program;
`(G)(i) will not reduce the number of job opportunities or vacancies that
would otherwise be available to individuals not participating in such
program;
`(ii) will not displace currently employed workers (including partial
displacement, such as a reduction in the hours of non-overtime work, wages,
or employment benefits);
`(iii) will not impair existing contracts or result in the substitution
of Federal funds for other funds in connection with work that would otherwise
be performed; and
`(iv) will not place an eligible individual in employment-based training
to perform work the same or substantially the same work as that performed
by any other individual who is on layoff;
`(H) will coordinate with training and other services provided under title
I of the Workforce Investment Act, including utilizing the One-Stop delivery
system 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 community service employment-based
training, work experience, on-the-job training, and classroom training)
as may be necessary to make the most effective use of the skills and talents
of those individuals who are participating;
`(J) will ensure that safe and healthy conditions of the employment-based
training facility or other training facility will be provided, and will
ensure that individuals employed in community service and other jobs assisted
under this title shall be paid wages that shall not be lower than whichever
is the highest of--
`(i) the minimum wage that would be applicable to the employee under
the Fair Labor Standards Act of 1938, if section 6(a)(1) of such Act
applied to the participant and if the participant were not exempt under
section 13 thereof;
`(ii) the State or local minimum wage for the most nearly comparable
covered employment; or
`(iii) the prevailing rates of pay for individuals employed in similar
occupations by the same employer;
`(K) will be established or administered with the advice of persons competent
in the field of service in which job training is 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, limited English-speaking, and Indian eligible individuals,
and eligible individuals who have the greatest economic need, at least
in proportion to their numbers in the State 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 Vocational and Technical
Education Act of 1998 (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.));
`(ii) will provide training and employment counseling to eligible individuals
based on strategies that identify appropriate employment objectives and
the need for supportive services, developed as a result of the assessment
and service strategy provided for in clause (i), and provide other appropriate
information regarding such program; 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 through the One-Stop
delivery system 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 operations of such system pursuant to a memorandum of understanding
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 and Investment Act of 1998; 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, subcontractors)
and affiliates of such entities receive an amount of the administrative
cost allocation determined by the Secretary to be sufficient.
`(2) The Secretary may establish, issue, and amend such regulations as may
be necessary to effectively carry out this title.
`(3)(A) An assessment and service strategy required by paragraph (1) to
be prepared 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 eligible
individual also qualifies for intensive or training services described in
section 134(d) of such Act (29 U.S.C. 2864(d)).
`(B) 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)(1) The Secretary may pay a 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) 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) Of the 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 administrative
costs to an amount not to exceed 15 percent of the cost of such project
if the Secretary determines, based on information submitted by the grantee
under subsection (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'
compensation, costs associated with achieving unsubsidized placement
goals, and other operation requirements imposed by the Secretary;
`(ii) the number of positions in the project or the number of minority
eligible individuals participating in the project will decline if the
amount available to pay administrative 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 cost of such project;
the Secretary shall increase the amount available for such fiscal year
to pay administrative costs to an amount not to exceed 15 percent of the
cost of such project.
`(4) Administrative costs are the costs, both personnel and non-personnel
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--
`(i) accounting, budgeting, financial, cash management and related data
processing;
`(iii) preparing program plans;
`(iv) procurement and purchasing;
`(v) property management;
`(vi) personnel management, including personnel administration, administration
of affirmative action plans, and training and staff development;
`(vii) administrative salaries, including clerical and other support
staff salaries;
`(viii) payroll functions;
`(ix) coordinating the resolution of findings arising from audits, reviews,
investigations, and incident reports;
`(xi) general legal services;
`(xii) developing systems and procedures, including information systems,
required for administrative functions;
`(xiii) preparing reports; and
`(xiv) other activities necessary for the general administration of
government funds and associated programs.
`(B) The costs of performing oversight and monitoring responsibilities.
`(C) The costs of goods and services required for administrative functions
of such program, including goods and services such as rental or purchase
of equipment, utilities, office supplies, postage, and rental and maintenance
of office space.
`(D) The travel costs incurred for official business in carrying out such
program, excluding travel costs related to providing services.
`(E) The costs of information systems related to 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, removal of architectural barriers, operating and maintaining assistive
technology, and evaluating program results against stated objectives.
`(5) 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)(A) 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--
`(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
is closed for a Federal holiday, and necessary sick leave that is not
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 placement
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, special job-related or personal
counseling, incidentals (such as work shoes, badges, uniforms, eyeglasses,
and tools), child and adult care, temporary shelter, and follow-up services;
and
`(v) outreach, recruitment, and selection, intake, orientation, and assessments.
`(B) Not less than 65 percent of the funds made available under a grant
made under this title (excluding a grant made under subsection (d)) shall
be used to pay wages and benefits for eligible individuals who are employed
under projects carried out under this title.
`(d) Pilot, Demonstration, and Evaluation Projects- The Secretary 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 specialized methods, in addressing the employment and training needs
of eligible individuals. Such projects may include--
`(1) activities linking businesses and eligible individuals, including
assistance to participants transitioning from subsidized activities to
private-sector employment; and
`(2) demonstration projects and pilot projects designed to--
`(A) attract more eligible individuals into the labor force;
`(B) improve the provision of services to eligible individuals under
the One-Stop delivery system established in accordance with title I
of the Workforce Investment Act of 1998;
`(C) enhance the technological skills of eligible individuals; and
`(D) provide incentives to grantees under this title for exemplary performance
and incentives to businesses to promote their participation in the program
under this title;
`(3) demonstration projects and pilot projects, as described in paragraph
(2), for older workers 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;
`(4) training and technical assistance to support any project funded under
this title;
`(5) dissemination of best practices; and
`(6) evaluation of the activities authorized under this title.
`SEC. 503. ADMINISTRATION.
`(1) CHIEF EXECUTIVE OFFICER SUBMITS PLAN- For a State to be eligible
to receive an allotment under section, 506, the chief executive officer
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 3-year strategy for the statewide provision of training and
related 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).
`(2) RECOMMENDATIONS- In developing the State plan prior to its submission
to the Secretary, the chief executive officer of the State 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 private agencies
and organizations providing employment services, including each grantee
operating a project under this title in the State; and
`(C) individuals representing social service organizations 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 chief executive officer
in accordance with paragraph (1) shall be accompanied by copies of public
comments relating to the plan received pursuant to paragraph (4) and a
summary thereof.
`(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 individuals, including
individuals who are limited English proficient; and
`(iii) eligible individuals who are individuals with greatest social
need;
`(D) the current and projected employment opportunities in the State,
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.
`(5) CHIEF EXECUTIVE OFFICER'S RECOMMENDATIONS ON GRANT PROPOSALS- Before
a proposal for a grant under this title for any fiscal year is submitted
to the Secretary, the chief executive officer of each State in which projects
are proposed to be conducted under such grant shall be afforded a reasonable
opportunity to submit recommendations to the Secretary--
`(A) regarding the anticipated effect of each such proposal upon the
overall distribution of enrollment 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 positions to under served
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 any 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 plans and considering recommendations
under this subsection, disruptions in the provision of services for current
participants shall be avoided 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 Secretary'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 individuals who are older
Indians with funds reserved under section 506(a)(3) may not be required
to participate in the State planning processes described in this section
but will collaborate with the Secretary to develop a plan for projects
and services to eligible individuals who are Indians.
`(b) Coordination With Other Federal Programs-
`(1) The Secretary and the Assistant Secretary shall coordinate the program
carried out under this title with programs carried out under other titles
of this Act, to increase job opportunities available to older individuals.
`(2) The Secretary shall coordinate programs carried out under this title
with the program carried out under the Workforce Investment Act of 1998,
the Community Services Block Grant Act, the Rehabilitation Act of 1973,
the Carl D. Perkins Vocational and Technical Education Act of 1998 (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 of 1973
(42 U.S.C. 4950 et seq.). The Secretary shall coordinate 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 services. 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 Rehabilitation Act of 1973, the Carl D. Perkins Vocational and
Technical Education Act of 1998, the National and Community Service Act
of 1990, or the Domestic Volunteer Service Act of 1973. The preceding
sentence shall not be construed to prohibit carrying out projects under
this title jointly with programs, projects, or activities under any Act
specified in such sentence, or from carrying out section 512.
`(3) 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.
`(c) In carrying out this title, the Secretary may use, with their consent,
the services, equipment, personnel, and facilities of Federal and other
agencies with or without reimbursement, and on a similar basis to cooperate
with other public and private agencies and instrumentalities in the use
of services, equipment, and facilities.
`(d) Payments under this title may be made in advance or by way of reimbursement
and in such installments as the Secretary may determine.
`(e) The Secretary shall not delegate any function of the Secretary under
this title to any other Federal officer or entity.
`(f)(1) 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,
consultation, and coordination requirements of this title).
`(2) 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.
`(3) Each grantee described in paragraph (2) shall prepare and submit a
report in such manner and containing such information as the Secretary may
require regarding activities carried out under this title.
`(4) 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) The Secretary shall establish by rule and implement a process to evaluate,
in accordance with section 513, the performance of projects and services
carried out under this title. The Secretary shall report to the Congress,
and make available to the public, the results of each such evaluation and
shall use such evaluation to improve services delivered by, or the operation
of, projects carried out under this title.
`SEC. 504. PARTICIPANTS NOT FEDERAL EMPLOYEES.
`(a) Eligible individuals who are participants in authorized activities
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) No grant, subgrant, 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' compensation 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, contract, subgrant,
or subcontract shall enjoy workers' compensation coverage equal to that
provided by law for covered employment.
`SEC. 505. INTERAGENCY COOPERATION.
`(a) The Secretary shall consult with and obtain the written views of the
Assistant Secretary before issuing rules and before establishing general
policy in the administration of this title.
`(b) The Secretary shall consult and cooperate with the Director of the
Office of Community Services, the Secretary of Health and Human Services,
and the heads of other Federal agencies that carry out related programs,
in order to achieve optimal coordination with such other programs. In carrying
out this section, the Secretary shall promote programs or projects of a
similar nature. Each Federal agency shall cooperate with the Secretary in
disseminating information relating to the availability of assistance under
this title and in promoting the identification and interests of individuals
eligible for employment in projects assisted under this title.
`(c)(1) The Secretary shall promote and coordinate carrying out projects
under this title jointly with 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 provided
through One-Stop delivery systems established under section 134(c)) of such
Act (29 U.S.C. 2864(c)), that provide training and employment opportunities
to eligible individuals.
`(2) The Secretary shall consult with the Secretary of Education to promote
and coordinate carrying out projects under this title jointly with workforce
investment activities in which eligible individuals may participate that
are carried out under the Carl D. Perkins Vocational and Technical Education
Act of 1998.
`SEC. 506. DISTRIBUTION OF ASSISTANCE.
`(1) RESERVATION FOR NATIONAL ACTIVITIES- Of the funds appropriated to
carry out this title for each fiscal year, the Secretary may first reserve
up to 1.5 percent to carry out demonstration projects, pilot projects,
and evaluation projects under section 502(d).
`(2) RESERVATION FOR TERRITORIES- Of the funds appropriated to carry out
this title for each fiscal year, the Secretary shall reserve up to 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 appropriated 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 authorized
activities for eligible individuals who are Indians and to national public
or nonprofit Pacific Island and Asian American aging organizations with
the ability to provide 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 paragraphs (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 2006 LEVEL OF ACTIVITIES-
`(A) The Secretary shall reserve the amount of funds necessary to maintain
the fiscal year 2006 level of activities supported by grantees that
operate under this title under national grants from the Secretary, and
the fiscal year 2006 level of activities supported by State grantees
under this title, in proportion to their respective fiscal year 2006
levels of activities.
`(B) If in any fiscal year for which the funds appropriated to carry
out this title are insufficient to satisfy the requirement specified
in subparagraph (A), then the amount described in subparagraph (A) shall
be reduced proportionally.
`(2) FUNDING IN EXCESS OF FISCAL YEAR 2006 LEVEL OF ACTIVITIES-
`(A) UP TO $35,000,000- The amount of funds remaining 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 available 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 55
years of age 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 the amount provided under subsection (c) is--
`(A) equal to or less than the amount necessary to maintain the fiscal
year 2006 level of activities, allotments for grantees that operate
under this title under national grants from the Secretary in each State
shall be proportional to their fiscal year 2006 level of activities;
or
`(B) greater than the amount necessary to maintain the fiscal year 2006
level of activities, no State shall be provided a percentage increase
above the fiscal year 2006 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 such percentage increase above the fiscal
year 2006 level of activities 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.
`(3) REDUCTION- Allotments for States not affected by paragraphs (1) and
(2)(B) of this subsection shall be reduced proportionally to satisfy the
conditions in such paragraphs.
`(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 55 years of age or older in
the State and the allotment percentage of such State bears to the sum of
the corresponding product 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 the amount provided under subsection (c) is--
`(A) equal to or less than the amount necessary to maintain the fiscal
year 2006 level of activities, allotments for State grantees in each
State shall be proportional to their fiscal year 2006 level of activities;
or
`(B) greater than the amount necessary to maintain the fiscal year 2006
level of activities, no State shall be provided a percentage increase
above the fiscal year 2006 level of activities for State grantees in
the State that is less than 30 percent of such percentage increase above
the fiscal year 2006 level of activities for State grantees in all of
the States.
`(3) REDUCTION- Allotments for States not affected by paragraphs (1) and
(2)(B) of this subsection shall be reduced proportionally to satisfy the
conditions in such paragraphs.
`(f) Allotment Percentage- For purposes of subsections (d) and (e)--
`(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 55 years of age 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 percentage, the term
`United States' means the 50 States and the District of Columbia.
`(g) Definitions- For purposes of 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;
`(B) an amount equal to 11 percent of the amount specified under subparagraph
(A), for the purpose of covering 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 2006 LEVEL OF ACTIVITIES- The term `fiscal year 2006
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 2006; and
`(B) with respect to State grantees, their level of activities for fiscal
year 2006.
`(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 under national grants
from the Secretary.
`(6) STATE- The term `State' does not include Guam, American 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 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 in this title shall not be considered to be income
of such individuals for purposes of determining 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.
`SEC. 510. ELIGIBILITY FOR WORKFORCE INVESTMENT ACTIVITIES.
`Eligible individuals under this title may be considered by local workforce
investment boards established under title I of the Workforce Investment
Act of 1998 to satisfy the requirements for receiving services under such
title I that are applicable to adults.
`SEC. 511. 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. 512. 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 system;
and
`(2) shall 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. 513. PERFORMANCE.
`(1) ESTABLISHMENT OF MEASURES- The Secretary shall establish, in consultation
with grantees, subgrantees, and host agencies under this title, States,
older individuals, area agencies on aging, and other organizations serving
older individuals, performance measures for each grantee for projects
and services carried out under this title.
`(A) COMPOSITION OF MEASURES- The performance measures established by
the Secretary in accordance with paragraph (1) shall consist of--
`(i) core indicators of performance specified in subsection (b)(1)
and the expected levels of performance applicable to each core indicator
of performance, and
`(ii) additional indicators of performance specified in subsection
(b)(2).
`(B) CONTINUOUS IMPROVEMENT- The measures described in subparagraph
(A)(i) shall be designed to promote continuous improvement in performance.
`(C) EXPECTED LEVELS OF PERFORMANCE- The Secretary 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 subsection (b)(1). The agreement shall take into account the factors
described in subparagraphs (B) and (D) and other appropriate factors
as determined by the Secretary, and shall be consistent with the requirements
of subparagraph (E). Funds under the grant may not be awarded until
such agreement is reached.
`(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 welfare participation,
in the areas served by a grantee, relative to other areas of the State
or Nation.
`(ii) Significant downturns in the areas served by the grantee or
in the national economy.
`(iii) Significant numbers or proportions of participants with 1 or
more barriers to employment served by a grantee relative to grantees
serving other areas of the State or Nation.
`(iv) Changes in Federal, State, or local minimum wage requirements.
`(i) LEVEL OF PERFORMANCE- For all grantees, the Secretary shall establish
a level of performance of not less than the percentage specified in
clause (ii) (adjusted in accordance with subparagraph (D)) for the
entry into unsubsidized employment core indicator of performance described
in subsection (b)(1)(A). If a grantee achieved a level of performance
less than the percentage specified in such clause for the preceding
fiscal year for which results are available before the enactment of
the Senior Independence Act of 2006, the Secretary shall provide technical
assistance to assist such grantee to achieve the applicable percentage
specified in such clause.
`(ii) REQUIRED PLACEMENT PERCENTAGES- The minimum percentage for the
entry into unsubsidized employment described in subsection (b)(1)(A)
is--
`(I) 22 percent in fiscal year 2007;
`(II) 24 percent in fiscal year 2008;
`(III) 26 percent in fiscal year 2009;
`(IV) 28 percent in fiscal year 2010; and
`(V) 30 percent in fiscal year 2011.
`(3) PERFORMANCE EVALUATION OF GRANTEES- The Secretary shall annually
establish national performance measures for each grantee under this title,
which shall be applicable to the grantee without regard to whether such
grantee operates such program directly or through contracts, grants, or
agreements with other entities. The measures shall include the core indicators
of performance and expected level of performance for each such indicator,
and the additional indicators of performance. In addition, the Secretary
shall annually publish the actual performance of each grantee with respect
to--
`(A) the levels achieved for each of the core indicators of performance,
compared to expected levels of performance under paragraph (2)(C) (including
any adjustments to such levels made in accordance with to paragraph
(2)(D)); and
`(B) the levels achieved for each of the additional indicators of performance.
`(4) LIMITATION- An agreement to be evaluated on the performance measures
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) entry into unsubsidized employment;
`(B) retention in unsubsidized employment for 6 months;
`(D) hours (in the aggregate) of community service employment-based
training pursuant to subparagraphs (A) and (B)(I) of section 502(b)(1).
`(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) the number of eligible individuals served, including the number
of participating individuals described in section 516(2)(A)(ii), and
`(C) any other indicators of performance that the Secretary determines
to be appropriate to evaluate services and performance.
`(c) Definitions of Indicators- The Secretary, after consultation with national
and State grantees, representatives of business and labor organizations,
and providers of services, shall issue rules that define the indicators
of performance described in subsection (b).
`(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 514 has met the expected levels of performance established
under subsection (a)(2)(c) (including any adjustments to such levels
made in accordance with to 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 grantee fails
to meet the expected levels of performance described in paragraph
(1), the Secretary 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 subparagraph (A) shall detail
the steps the grantee will take to meet the national performance measures
in the next program year.
`(A) IN GENERAL- Not later than 120 days after the end of the 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 to subsection (a)(2)(D)) for the core indicators
of performance described in subsection (b)(1).
`(B) TECHNICAL ASSISTANCE AND CORRECTIVE ACTION PLAN- If a State fails
to meet the levels of performance described in subparagraph (A), the
Secretary shall provide technical assistance and require the State to
submit a corrective action plan not later than 160 days after the end
of the program year.
`(C) CONTENT- The plan described in subparagraph (B) shall detail the
steps the State will take to meet the standards.
`(D) FAILURE TO MEET PERFORMANCE MEASURES FOR THE THIRD YEAR- If the
State fails to meet the levels of performance described in subparagraph
(A) for a third consecutive program year, the Secretary shall provide
for the conduct by the State of a competition to award the funds allocated
to the State for the first full program year following the Secretary's
determination that the State has not met the performance measures.
`SEC. 514. COMPETITIVE REQUIREMENTS RELATING TO GRANT AWARDS.
`(1) INITIAL APPROVAL OF GRANT APPLICATIONS- From the funds available
for national grants under section 506(d), the Secretary shall award grants
to eligible applicants to carry out projects under this title for a period
of 3 years through a competitive process except as provided in paragraph
(2).
`(2) CONTINUATION OF APPROVAL BASED ON PERFORMANCE- If the recipient of
a grant made under paragraph (1) satisfies the requirements of section
513 during such 3-year period (and the succeeding 1-year period for which
any grant is made under this paragraph) with respect to a project, the
Secretary may award grants to such recipient to continue such project
beyond such 3-year period for not to exceed 2 successive 1-year periods
without regard to such process.
`(b) Eligible Applicants- An applicant shall be eligible to receive a grant
under subsection (a) in accordance with section 502(b)(1), and subsections
(c) and (d).
`(c) Criteria- The Secretary shall select the eligible applicants to receive
grants under subsection (a) based on the following:
`(1) The applicant's ability to administer a program that serves the greatest
number of eligible individuals, giving particular consideration to individuals
with greatest economic need, greatest social need, poor employment history
or prospects, and over the age of 65.
`(2) The applicant's ability to administer a program 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 community.
`(3) The applicant's ability to administer a program that moves eligible
individuals into unsubsidized employment.
`(4) The applicant's prior performance, if any, in meeting performance
measures under this title and under other Federal or State programs.
`(5) The applicant's ability to move individuals with multiple barriers
to employment into unsubsidized employment.
`(6) The applicant's ability to coordinate with other organizations at
the State and local level.
`(7) The applicant's plan for fiscal management of the program to be administered
with funds received under this section.
`(8) Any additional criteria that the Secretary considers to be appropriate
in order to minimize disruption for current 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 organization's history with
regard to the management of other grants.
`(3) FAILURE TO SATISFY TEST- The failure to satisfy any 1 responsibility
test that is listed in paragraph (4), excluding those listed in subparagraphs
(A) and (B), does not establish that the organization 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 organization 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.
`(B) Established fraud or criminal activity of a significant nature
within the organization.
`(C) Serious administrative deficiencies identified by the Secretary,
such as failure to maintain a financial management system as required
by Federal rules or regulations.
`(D) Willful obstruction of the audit process.
`(E) Failure to provide services to applicants as agreed to in a current
or recent grant or to meet applicable performance measures.
`(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 expiration date or receipt of 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 Government property as
instructed by the Secretary.
`(J) Failure to have maintained effective cash management 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 findings.
`(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.
`SEC. 515. AUTHORIZATION OF APPROPRIATIONS.
`(a) There is 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) 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 funds under
this title if the Secretary determines that such extension is necessary
to ensure the effective use of such funds by such organization or agency.
`(c) 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) technical assistance; or
`(2) grants or contracts for any other program under this title.
`SEC. 516. DEFINITIONS.
`For purposes of this title:
`(1) COMMUNITY SERVICE EMPLOYMENT-BASED TRAINING- The term `community
service employment-based training' means work experience that is related
to providing 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, recreational, and other similar services; conservation, maintenance,
or restoration of natural resources; community betterment or beautification;
antipollution and environmental quality efforts; weatherization activities;
economic development; and such other services essential and necessary
to the community as the Secretary determines by rule.
`(2) ELIGIBLE INDIVIDUAL- The term `eligible individual' means an individual
who is 55 years of age or older and who has a low income (including any
such individual whose income is not more that 125 percent of the poverty
line), excluding any income that is unemployment compensation, benefits
received under title XVI of the Social Security Act, veterans payments,
or 25 percent of the benefits received under title II of the Social Security
Act, but--
`(A) pursuant to regulations prescribed by the Secretary, any such individual
who meets one or more of the following criteria shall have priority
for the work opportunities provided under this title--
`(i) is 65 years of age or older; or
`(ii) has one or more of the following barriers to employment:
`(II) has limited English proficiency or low literacy skills;
`(III) resides in a rural area;
`(V) has low employment prospects; or
`(VI) has failed to find employment after utilizing services provided
under title I of the Workforce Investment Act of 1998; and
`(B) notwithstanding any other provision of this paragraph, excludes--
`(i) an individual who has participated in projects under this title
for a period of 48 months in the aggregate (whether or not consecutive)
after the date of the enactment of the Senior Independence Act of
2006; and
`(ii) an individual who has participated in projects under this title
for a period of 24 months in the aggregate (whether or not consecutive)
after the date of the enactment of the Senior Independence Act of
2006 if such individual participated more than 24 months in the aggregate
(whether or not consecutive) under title V of this Act, as in effect
before the date of the enactment of the Senior Independence Act of
2006.
131`income' means income received during the 12-month period (or, at the
option of the grantee involved, the 6-month period that is not multiplied)
ending on the date an eligible individual submits an application to participate
in the project carried out under this title by such grantee.
`(4) 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.
`(5) PROGRAM- The term `program' means the older American community service
employment-based training program established under this title.
`(6) 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.
`(7) UNEMPLOYED INDIVIDUAL- The term `unemployed 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.'.
SEC. 40. NATIVE AMERICANS CAREGIVER SUPPORT PROGRAM.
Section 643 of the Older Americans Act of 1965 (42 U.S.C. 3057n) is amended
by striking `title--' and all that follows through the period at the end,
and inserting `title such sums as may be necessary for fiscal years 2007,
2008, 2009, 2010, and 2011.
SEC. 41. 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. 42. NATIVE AMERICAN ORGANIZATION PROVISIONS.
Section 751(d) of the Older Americans Act of 1965 (42 U.S.C. 3058aa(b))
is amended by striking `2001' and inserting `2007'.
SEC. 43. ELDER ABUSE, NEGLECT, AND EXPLOITATION PREVENTION.
Section 721 (b) of the Older Americans Act of 1965 (42 U.S.C. 3058i(b))
is amended--
(1) by inserting after paragraph (1) the following new paragraph:
`(2) providing for public education and outreach to promote financial
literacy and prevent identity theft and financial exploitation of older
individuals;'; and
(2) by redesignating paragraphs (2) through (8) as paragraphs (3) through
(9), respectively.
SEC. 44. TECHNICAL AMENDMENTS.
The Older Americans Act of 1965 (42 U.S.C. 2001 et seq.) is amended--
(1) in section 202(e)(1)(A) by striking the semicolon at the end and inserting
a period, and
(2) by inserting before section 401 the following:
`TITLE IV--ACTIVITIES FOR HEALTH, INDEPENDENCE AND LONGEVITY'.
Passed the House of Representatives June 21, 2006.
Attest:
KAREN L. HAAS,
Clerk.
END
