9-28-06, House Agreed to Bill by Voice Vote
9-30-06, Senate passed Bill by Unanimous Consent
10-6-06, Presented to President Bush
One Hundred Ninth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and six
An Act
To amend the Older Americans Act of 1965 to authorize appropriations
for fiscal years 2007 through 2011, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `Older Americans Act Amendments
of 2006'.
(b) Table of Contents- The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I--GENERAL PROVISION
TITLE II--ADMINISTRATION ON AGING
Sec. 201. Elder abuse prevention and services.
Sec. 202. Functions of the Assistant Secretary.
Sec. 203. Federal agency consultation.
Sec. 204. Administration.
Sec. 207. Contracting and grant authority; private pay relationships;
appropriate use of funds.
Sec. 208. Nutrition education.
Sec. 209. Pension counseling and information programs.
Sec. 210. Authorization of appropriations.
TITLE III--GRANTS FOR STATE AND COMMUNITY PROGRAMS ON AGING
Sec. 301. Purpose; administration.
Sec. 303. Authorization of appropriations; uses of funds.
Sec. 309. Nutrition services incentive program.
Sec. 310. Consumer contributions.
Sec. 311. Supportive services and senior centers.
Sec. 312. Nutrition service.
Sec. 313. Congregate nutrition program.
Sec. 314. Home delivered nutrition services.
Sec. 317. Study of nutrition projects.
Sec. 318. Sense of Congress recognizing the contribution of nutrition
to the health of older adults.
Sec. 319. Improving indoor air quality in buildings where older individuals
congregate.
Sec. 320. Caregiver support program definitions.
Sec. 321. Caregiver support program.
Sec. 322. National innovation.
TITLE IV--ACTIVITIES FOR HEALTH, INDEPENDENCE, AND LONGEVITY
Sec. 402. Grant programs.
Sec. 403. Career preparation for the field of aging.
Sec. 404. Health care service demonstration projects in rural areas.
Sec. 405. Technical assistance and innovation to improve transportation
for older individuals.
Sec. 406. Demonstration, support, and research projects for multigenerational
activities and civic engagement activities.
Sec. 407. Native American programs.
Sec. 408. Multidisciplinary centers and multidisciplinary systems.
Sec. 409. Community innovations for aging in place.
Sec. 410. Responsibilities of Assistant Secretary.
TITLE V--OLDER AMERICAN COMMUNITY SERVICE EMPLOYMENT PROGRAM
Sec. 501. Community Service Senior Opportunities Act.
Sec. 502. Effective date.
TITLE VI--NATIVE AMERICANS
Sec. 601. Clarification of maintenance requirement.
Sec. 602. Native Americans caregiver support program.
TITLE VII--ALLOTMENTS FOR VULNERABLE ELDER RIGHTS PROTECTION ACTIVITIES
Sec. 701. Vulnerable elder rights protection activities.
Sec. 702. Elder abuse, neglect, and exploitation.
Sec. 703. Native American organization provisions.
Sec. 704. Elder justice programs.
Sec. 705. Rule of construction.
TITLE VIII--FEDERAL YOUTH DEVELOPMENT COUNCIL
Sec. 802. Establishment and membership.
Sec. 803. Duties of the Council.
Sec. 804. Coordination with existing interagency coordination entities.
Sec. 805. Assistance of staff.
Sec. 806. Powers of the Council.
Sec. 809. Authorization of appropriations.
TITLE IX--CONFORMING AMENDMENTS
Sec. 901. Conforming amendments to other Acts.
TITLE I--GENERAL PROVISION
SEC. 101. DEFINITIONS.
(a) In General- Section 102 of the Older Americans Act of 1965 (42 U.S.C.
3002) is amended--
(1) by striking paragraph (10) and inserting the following:
`(10)(A) The term `assistive device' includes an assistive technology
device.
`(B) The terms `assistive technology', `assistive technology device',
and `assistive technology service' have the meanings given such terms
in section 3 of the Assistive Technology Act of 1998 (29 U.S.C. 3002).';
(2) by striking paragraph (12)(D) and inserting the following:
`(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;';
(3) by striking paragraph (24) and inserting the following:
`(24)(A) The term `exploitation' means the fraudulent or otherwise illegal,
unauthorized, or improper act or process of an individual, including a
caregiver or fiduciary, that uses the resources of an older individual
for monetary or personal benefit, profit, or gain, or that results in
depriving an older individual of rightful access to, or use of, benefits,
resources, belongings, or assets.
`(B) In subparagraph (A), the term `caregiver' means an individual who
has the responsibility for the care of an older individual, either voluntarily,
by contract, by receipt of payment for care, or as a result of the operation
of law and means a family member or other individual who provides (on
behalf of such individual or of a public or private agency, organization,
or institution) compensated or uncompensated care to an older individual.';
(4) in paragraph (29)(E)--
(A) in clause (i), by striking `and' at the end;
(B) in clause (ii), by striking the period at the end and inserting
`; and'; and
(C) by adding at the end the following:
`(iii) older individuals at risk for institutional placement.';
(5) in paragraph (32)(D), by inserting `, including an assisted living
facility,' after `home';
(6) by striking paragraph (34) and inserting the following:
`(34) The term `neglect' means--
`(A) the failure of a caregiver (as defined in paragraph (18)(B)) or
fiduciary to provide the goods or services that are necessary to maintain
the health or safety of an older individual; or
(7) by adding at the end the following:
`(44) The term `Aging and Disability Resource Center' means an entity
established by a State as part of the State system of long-term care,
to provide a coordinated system for providing--
`(A) comprehensive information on the full range of available public
and private long-term care programs, options, service providers, and
resources within a community, including information on the availability
of integrated long-term care;
`(B) personal counseling to assist individuals in assessing their existing
or anticipated long-term care needs, and developing and implementing
a plan for long-term care designed to meet their specific needs and
circumstances; and
`(C) consumers access to the range of publicly-supported long-term care
programs for which consumers may be eligible, by serving as a convenient
point of entry for such programs.
`(45) The term `at risk for institutional placement' means, with respect
to an older individual, that such individual is unable to perform at least
2 activities of daily living without substantial assistance (including
verbal reminding, physical cuing, or supervision) and is determined by
the State involved to be in need of placement in a long-term care facility.
`(46) The term `civic engagement' means an individual or collective action
designed to address a public concern or an unmet human, educational, health
care, environmental, or public safety need.
`(47) The term `elder justice'--
`(A) used with respect to older individuals, collectively, means efforts
to prevent, detect, treat, intervene in, and respond to elder abuse,
neglect, and exploitation and to protect older individuals with diminished
capacity while maximizing their autonomy; and
`(B) used with respect to an individual who is an older individual,
means the recognition of the individual's rights, including the right
to be free of abuse, neglect, and exploitation.
`(48) The term `fiduciary'--
`(A) means a person or entity with the legal responsibility--
`(i) to make decisions on behalf of and for the benefit of another
person; and
`(ii) to act in good faith and with fairness; and
`(B) includes a trustee, a guardian, a conservator, an executor, an
agent under a financial power of attorney or health care power of attorney,
or a representative payee.
`(49) The term `Hispanic-serving institution' has the meaning given the
term in section 502 of the Higher Education Act of 1965 (20 U.S.C. 1101a).
`(50) The term `long-term care' means any service, care, or item (including
an assistive device), including a disease prevention and health promotion
service, an in-home service, and a case management service--
`(A) intended to assist individuals in coping with, and to the extent
practicable compensate for, a functional impairment in carrying out
activities of daily living;
`(B) furnished at home, in a community care setting (including a small
community care setting as defined in subsection (g)(1), and a large
community care setting as defined in subsection (h)(1), of section 1929
of the Social Security Act (42 U.S.C. 1396t)), or in a long-term care
facility; and
`(C) not furnished to prevent, diagnose, treat, or cure a medical disease
or condition.
`(51) The term `self-directed care' means an approach to providing services
(including programs, benefits, supports, and technology) under this Act
intended to assist an individual with activities of daily living, in which--
`(A) such services (including the amount, duration, scope, provider,
and location of such services) are planned, budgeted, and purchased
under the direction and control of such individual;
`(B) such individual is provided with such information and assistance
as are necessary and appropriate to enable such individual to make informed
decisions about the individual's care options;
`(C) the needs, capabilities, and preferences of such individual with
respect to such services, and such individual's ability to direct and
control the individual's receipt of such services, are assessed by the
area agency on aging (or other agency designated by the area agency
on aging) involved;
`(D) based on the assessment made under subparagraph (C), the area agency
on aging (or other agency designated by the area agency on aging) develops
together with such individual and the individual's family, caregiver
(as defined in paragraph (18)(B)), or legal representative--
`(i) a plan of services for such individual that specifies which services
such individual will be 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.
`(52) The term `self-neglect' means an adult's inability, due to physical
or mental impairment or diminished capacity, to perform essential self-care
tasks including--
`(A) obtaining essential food, clothing, shelter, and medical care;
`(B) obtaining goods and services necessary to maintain physical health,
mental health, or general safety; or
`(C) managing one's own financial affairs.
`(53) The term `State system of long-term care' means the Federal, State,
and local programs and activities administered by a State that provide,
support, or facilitate access to long-term care for individuals in such
State.
`(54) The term `integrated long-term care'--
`(A) means items and services that consist of--
`(i) with respect to long-term care--
`(I) long-term care items or services provided under a State plan
for medical assistance under the Medicaid program established under
title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), including
nursing facility services, home and community-based services, personal
care services, and case management services provided under the plan;
and
`(II) any other supports, items, or services that are available
under any federally funded long-term care program; and
`(ii) with respect to other health care, items and services covered
under--
`(I) the Medicare program established under title XVIII of the Social
Security Act (42 U.S.C. 1395 et seq.);
`(II) the State plan for medical assistance under the Medicaid program;
or
`(III) any other federally funded health care program; and
`(B) includes items or services described in subparagraph (A) that are
provided under a public or private managed care plan or through any
other service provider.'.
(b) Redesignation and Reordering of Definitions- Section 102 of the Older
Americans Act of 1965 (42 U.S.C. 3002) is amended--
(1) by redesignating paragraphs (1) through (54) as paragraphs (45), (7),
(50), (39), (26), (27), (54), (13), (48), (8), (29), (14), (1), (2), (3),
(5), (6), (10), (30), (37), (11), (15), (16), (18), (21), (22), (23),
(24), (28), (31), (33), (35), (36), (38), (40), (41), (42), (43), (44),
(51), (53), (19), (49), (4), (9), (12), (17), (20), (25), (34), (46),
(47), (52), and (32), respectively; and
(2) so that paragraphs (1) through (54), as so redesignated in paragraph
(1), appear in numerical order.
TITLE II--ADMINISTRATION ON AGING
SEC. 201. ELDER ABUSE PREVENTION AND SERVICES.
Section 201 of the Older Americans Act of 1965 (42 U.S.C. 3011) is amended
by adding at the end the following:
`(e)(1) The Assistant Secretary is authorized to designate within the Administration
a person to have responsibility for elder abuse prevention and services.
`(2) It shall be the duty of the Assistant Secretary, acting through the
person designated to have responsibility for elder abuse prevention and
services--
`(A) to develop objectives, priorities, policy, and a long-term plan for--
`(i) facilitating the development, implementation, and continuous improvement
of a coordinated, multidisciplinary elder justice system in the United
States;
`(ii) providing Federal leadership to support State efforts in carrying
out elder justice programs and activities relating to--
`(I) elder abuse prevention, detection, treatment, intervention, and
response;
`(II) training of individuals regarding the matters described in subclause
(I); and
`(III) the development of a State comprehensive elder justice system,
as defined in section 752(b);
`(iii) establishing Federal guidelines and disseminating best practices
for uniform data collection and reporting by States;
`(iv) working with States, the Department of Justice, and other Federal
entities to annually collect, maintain, and disseminate data relating
to elder abuse, neglect, and exploitation, to the extent practicable;
`(v) establishing an information clearinghouse to collect, maintain,
and disseminate information concerning best practices and resources
for training, technical assistance, and other activities to assist States
and communities to carry out evidence-based programs to prevent and
address elder abuse, neglect, and exploitation;
`(vi) conducting research related to elder abuse, neglect, and exploitation;
`(vii) providing technical assistance to States and other eligible entities
that provide or fund the provision of the services described in title
VII;
`(viii) carrying out a study to determine the national incidence and
prevalence of elder abuse, neglect, and exploitation in all settings;
and
`(ix) promoting collaborative efforts and diminishing duplicative efforts
in the development and carrying out of elder justice programs at the
Federal, State and local levels; and
`(B) to assist States and other eligible entities under title VII to develop
strategic plans to better coordinate elder justice activities, research,
and training.
`(3) The Secretary, acting through the Assistant Secretary, may issue such
regulations as may be necessary to carry out this subsection and section
752.
`(f)(1) The Assistant Secretary may designate an officer or employee who
shall be responsible for the administration of mental health services authorized
under this Act.
`(2) It shall be the duty of the Assistant Secretary, acting through the
individual designated under paragraph (1), to develop objectives, priorities,
and a long-term plan for supporting State and local efforts involving education
about and prevention, detection, and treatment of mental disorders, including
age-related dementia, depression, and Alzheimer's disease and related neurological
disorders with neurological and organic brain dysfunction.'.
SEC. 202. FUNCTIONS OF THE ASSISTANT SECRETARY.
Section 202 of the Older Americans Act of 1965 (42 U.S.C. 3012) is amended--
(A) in paragraph (5), by inserting `assistive technology,' after `housing,';
(B) by striking paragraph (12) and inserting the following:
`(12)(A) consult and coordinate activities with the Administrator of the
Centers for Medicare & Medicaid Services and the heads of other Federal
entities to implement and build awareness of programs providing benefits
affecting older individuals; and
`(B) carry on a continuing evaluation of the programs and activities related
to the objectives of this Act, with particular attention to the impact
of the programs and activities carried out under--
`(i) titles XVIII and XIX of the Social Security Act (42 U.S.C. 1395
et seq., 1396 et seq.);
`(ii) the Age Discrimination in Employment Act of 1967 (29 U.S.C. 621
et seq.); and
`(iii) the National Housing Act (12 U.S.C. 1701 et seq.) relating to
housing for older individuals and the setting of standards for the licensing
of nursing homes, intermediate care homes, and other facilities providing
care for such individuals;';
(C) by striking paragraph (20) and inserting the following:
`(20)(A) encourage, and provide technical assistance to, States, area
agencies on aging, and service providers to carry out outreach and benefits
enrollment assistance to inform and enroll older individuals with greatest
economic need, who may be eligible to participate, but who are not participating,
in Federal and State programs providing benefits for which the individuals
are eligible, including--
`(i) supplemental security income benefits under title XVI of the Social
Security Act (42 U.S.C. 1381 et seq.), or assistance under a State plan
program under such title;
`(ii) medical assistance under title XIX of such Act (42 U.S.C. 1396
et seq.);
`(iii) benefits under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.);
or
`(iv) benefits under any other applicable program; and
`(B) at the election of the Assistant Secretary and in cooperation with
related Federal agency partners administering the Federal programs, make
a grant to or enter into a contract with a qualified, experienced entity
to establish a National Center on Senior Benefits Outreach and Enrollment,
which shall--
`(i) maintain and update web-based decision support and enrollment tools,
and integrated, person-centered systems, designed to inform older individuals
about the full range of benefits for which the individuals may be eligible
under Federal and State programs;
`(ii) utilize cost-effective strategies to find older individuals with
greatest economic need and enroll the individuals in the programs;
`(iii) create and support efforts for Aging and Disability Resource
Centers, and other public and private State and community-based organizations,
including faith-based organizations and coalitions, to serve as benefits
enrollment centers for the programs;
`(iv) develop and maintain an information clearinghouse on best practices
and cost-effective methods for finding and enrolling older individuals
with greatest economic need in the programs for which the individuals
are eligible; and
`(v) provide, in collaboration with related Federal agency partners
administering the Federal programs, training and technical assistance
on effective outreach, screening, enrollment, and follow-up strategies;';
(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; and
(ii) by striking subparagraph (D); and
(F) by adding at the end the following:
`(28) make available to States, area agencies on aging, and service providers
information and technical assistance to support the provision of evidence-based
disease prevention and health promotion services.';
(2) by striking subsections (b) and (c), and inserting the following:
`(b) To promote the development and implementation of comprehensive, coordinated
systems at Federal, State, and local levels that enable older individuals
to receive long-term care in home and community-based settings, in a manner
responsive to the needs and preferences of older individuals and their family
caregivers, the Assistant Secretary shall, consistent with the applicable
provisions of this title--
`(1) collaborate, coordinate, and consult with other Federal entities
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 settings;
`(3) establish criteria for and promote the implementation (through area
agencies on aging, service providers, and such other entities as the Assistant
Secretary determines to be appropriate) of evidence-based programs to
assist older 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 Administrator of the Centers
for Medicare & Medicaid Services, and other heads of Federal entities
as appropriate, the provision of long-term care in home and community-based
settings, including the provision of such care through self-directed care
models that--
`(A) provide for the assessment of the needs and preferences of an individual
at risk for institutional placement to help such individual avoid unnecessary
institutional placement and depletion of income and assets to qualify
for benefits under the Medicaid program under title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.);
`(B) respond to the needs and preferences of such individual and provide
the option--
`(i) for the individual to direct and control the receipt of supportive
services provided; or
`(ii) as appropriate, for a person who was appointed by the individual,
or is legally acting on the individual's behalf, in order to represent
or advise the individual in financial or service coordination matters
(referred to in this paragraph as a `representative' of the individual),
to direct and control the receipt of those services; and
`(C) assist an older individual (or, as appropriate, a representative
of the individual) to develop a plan for long-term support, including
selecting, budgeting for, and purchasing home and community-based long-term
care and supportive services;
`(5) provide for the Administration to play a lead role with respect to
issues concerning home and community-based long-term care, including--
`(A) directing (as the Secretary or the President 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--
`(A) enhanced awareness by the public of the importance of planning
in advance for long-term care; and
`(B) the availability of information and resources to assist in such
planning;
`(7) ensure access to, and the dissemination of, information about all
long-term care options and service providers, including the availability
of integrated long-term care;
`(8) implement in all States Aging and Disability Resource Centers--
`(A) to serve as visible and trusted sources of information on the full
range of long-term care options, including both institutional and home
and community-based care, which are available in the community;
`(B) to provide personalized and consumer-friendly assistance to empower
individuals to make informed decisions about their care options;
`(C) to provide coordinated and streamlined access to all publicly supported
long-term care options so that consumers can obtain the care they need
through a single intake, assessment, and eligibility determination process;
`(D) to help individuals to plan ahead for their future long-term care
needs; and
`(E) to assist (in coordination with the entities carrying out the health
insurance information, counseling, and assistance program (receiving
funding under section 4360 of the Omnibus Budget Reconciliation Act
of 1990 (42 U.S.C. 1395b-4)) in the States) beneficiaries, and prospective
beneficiaries, under the Medicare program established under title XVIII
of the Social Security Act (42 U.S.C. 1395 et seq.) in understanding
and accessing prescription drug and preventative health benefits under
the provisions of, and amendments made by, the Medicare Prescription
Drug, Improvement, and Modernization Act of 2003;
`(9) establish, either directly or through grants or contracts, national
technical assistance programs to assist State agencies, area agencies
on aging, and community-based service providers funded under this Act
in implementing--
`(A) home and community-based long-term care systems, including evidence-based
programs; and
`(B) evidence-based disease prevention and health promotion services
programs;
`(10) develop, in collaboration with the Administrator of the Centers
for Medicare & Medicaid Services, performance standards and measures
for use by States to determine the extent to which their State systems
of long-term care fulfill the objectives described in this subsection;
and
`(11) conduct such other activities as the Assistant Secretary determines
to be appropriate.
`(c) The Assistant Secretary, in consultation with the Chief Executive Officer
of the Corporation for National and Community Service, shall--
`(1) encourage and permit volunteer groups (including organizations carrying
out national service programs and including organizations of youth in
secondary or postsecondary school) that are active in supportive services
and civic engagement to participate and be involved individually or through
representative groups in supportive service and civic engagement programs
or activities to the maximum extent feasible;
`(2) develop a comprehensive strategy for utilizing older individuals
to address critical local needs of national concern, including the engagement
of older individuals in the activities of public and nonprofit organizations
such as community-based organizations, including faith-based organizations;
and
`(3) encourage other community capacity-building initiatives involving
older individuals, with particular attention to initiatives that demonstrate
effectiveness and cost savings in meeting critical needs.'; and
(3) in subsection (e)(1)(A), by striking the semicolon at the end and
inserting a period.
SEC. 203. FEDERAL AGENCY CONSULTATION.
Section 203 of the Older Americans Act of 1965 (42 U.S.C. 3013) is amended--
(1) in subsection (a)(3)(A)--
(A) by striking `(with particular attention to low-income minority older
individuals and older individuals residing in rural areas)' and inserting
`(with particular attention to low-income older individuals, including
low-income minority older individuals, older individuals with limited
English proficiency, and older individuals residing in rural areas)';
and
(B) by striking `section 507' and inserting `section 518';
(A) in paragraph (17), by striking `and' at the end;
(B) in paragraph (18), by striking the period and inserting `, and';
and
(C) by adding at the end the following:
`(19) sections 4 and 5 of the Assistive Technology Act of 1998 (29 U.S.C.
3003, 3004).'; and
(3) by adding at the end the following:
`(c)(1) The Secretary, in collaboration with the Federal officials specified
in paragraph (2), shall establish an Interagency Coordinating Committee
on Aging (referred to in this subsection as the `Committee') focusing on
the coordination of agencies with respect to aging issues.
`(2) The officials referred to in paragraph (1) shall include the Secretary
of Labor and the Secretary of Housing and Urban Development, and may include,
at the direction of the President, the Attorney General, the Secretary of
Transportation, the Secretary of the Treasury, the Secretary of Agriculture,
the Secretary of Homeland Security, the Commissioner of Social Security,
and such other Federal officials as the President may direct. An official
described in this paragraph may appoint a designee to carry out the official's
duties under paragraph (1).
`(3) The Secretary of Health and Human Services shall serve as the first
chairperson of the Committee, for 1 term, and the Secretary of Housing and
Urban Development shall serve as the chairperson for the following term.
After that following term, the Committee shall select a chairperson from
among the members of the Committee, and any member may serve as the chairperson.
No member may serve as the chairperson for more than 1 consecutive term.
`(4) For purposes of this subsection, a term shall be a period of 2 calendar
years.
`(5) The Committee shall meet not less often than once each year.
`(6) The Committee shall--
`(A) share information with and establish an ongoing system to improve
coordination among Federal agencies with responsibility for programs and
services for older individuals and recommend improvements to such system
with an emphasis on--
`(i) improving access to programs and services for older individuals;
`(ii) maximizing the impact of federally funded programs and services
for older individuals by increasing the efficiency, effectiveness, and
delivery of such programs and services;
`(iii) planning and preparing for the impact of demographic changes
on programs and services for older individuals; and
`(iv) reducing or eliminating areas of overlap and duplication by Federal
agencies in the provision and accessibility of such programs and services;
`(B) identify, promote, and implement (as appropriate), best practices
and evidence-based program and service models to assist older individuals
in meeting their housing, health care, and other supportive service needs,
including--
`(i) consumer-directed care models for home and community-based care
and supportive services that link housing, health care, and other supportive
services and that facilitate aging in place, enabling older individuals
to remain in their homes and communities as the individuals age; and
`(ii) innovations in technology applications (including assistive technology
devices and assistive technology services) that give older individuals
access to information on available services or that help in providing
services to older individuals;
`(C) collect and disseminate information about older individuals and the
programs and services available to the individuals to ensure that the
individuals can access comprehensive information;
`(D) work with the Federal Interagency Forum on Aging-Related Statistics,
the Bureau of the Census, and member agencies to ensure the continued
collection of data relating to the housing, health care, and other supportive
service needs of older individuals and to support efforts to identify
and address unmet data needs;
`(E) actively seek input from and consult with nongovernmental experts
and organizations, including public health interest and research groups
and foundations about the activities described in subparagraphs (A) through
(F);
`(F) identify any barriers and impediments, including barriers and impediments
in statutory and regulatory law, to the access and use by older individuals
of federally funded programs and services; and
`(G) work with States to better provide housing, health care, and other
supportive services to older individuals by--
`(i) holding meetings with State agencies;
`(ii) providing ongoing technical assistance to States about better
meeting the needs of older individuals; and
`(iii) working with States to designate liaisons, from the State agencies,
to the Committee.
`(7) Not later than 90 days following the end of each term, the Committee
shall prepare and submit to the Committee on Financial Services of the House
of Representatives, the Committee on Education and the Workforce of the
House of Representatives, the Committee on Energy and Commerce of the House
of Representatives, the Committee on Ways and Means of the House of Representatives,
the Committee on Banking, Housing, and Urban Affairs of the Senate, the
Committee on Health, Education, Labor, and Pensions of the Senate, and the
Special Committee on Aging of the Senate, a report that--
`(A) describes the activities and accomplishments of the Committee in--
`(i) enhancing the overall coordination of federally funded programs
and services for older individuals; and
`(ii) meeting the requirements of paragraph (6);
`(B) incorporates an analysis from the head of each agency that is a member
of the interagency coordinating committee established under paragraph
(1) that describes the barriers and impediments, including barriers and
impediments in statutory and regulatory law (as the chairperson of the
Committee determines to be appropriate), to the access and use by older
individuals of programs and services administered by such agency; and
`(C) makes such recommendations as the chairman determines to be appropriate
for actions to meet the needs described in paragraph (6) and for coordinating
programs and services designed to meet those needs.
`(8) On the request of the Committee, any Federal Government employee may
be detailed to the Committee without reimbursement, and such detail shall
be without interruption or loss of civil service status or privilege.'.
SEC. 204. 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 `; and' 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 Guidance System of the Department 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, including 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 under subparts 1 and 2 of part C of title III,
including guidelines for averaging key nutrients over an appropriate period
of time; and
`(x) providing technical assistance to the regional offices of the Administration
with respect to each duty described in clauses (i) through (ix).'; and
(ii) by amending subparagraph (C)(i) to read as follows:
`(i) have expertise in nutrition, energy balance, and meal planning; and'.
SEC. 205. EVALUATION.
The first sentence of section 206(g) of the Older Americans Act of 1965
(42 U.S.C. 3017(g)) is amended to read as follows: `From the total amount
appropriated for each fiscal year to carry out title III, the Secretary
may use such sums as may be necessary, but not to exceed 1/2 of 1 percent
of such amount, for purposes of conducting evaluations under this section,
either directly or through grants or contracts.'.
SEC. 206. REPORTS.
Section 207(b)(2) of the Older Americans Act of 1965 (42 U.S.C. 3018(b)(2))
is amended--
(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. 207. CONTRACTING AND GRANT AUTHORITY; PRIVATE PAY RELATIONSHIPS;
APPROPRIATE USE OF FUNDS.
Section 212 of the Older Americans Act of 1965 (42 U.S.C. 3020c) is amended
to read as follows:
`SEC. 212. CONTRACTING AND GRANT AUTHORITY; 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 under this Act (other than
title V) from entering into an agreement with a profitmaking organization
for the recipient to provide services to individuals or entities not otherwise
receiving services under this Act, provided that--
`(1) if funds provided under this Act to such recipient are initially
used by the recipient to pay part or all of a cost incurred by the recipient
in developing and carrying out such agreement, such agreement guarantees
that the cost is reimbursed to the recipient;
`(2) if such agreement provides for the provision of 1 or more services,
of the type provided under this Act by or on behalf of such recipient,
to an individual or entity seeking to receive such services--
`(A) the individuals and entities may only purchase such services at
their fair market rate;
`(B) all costs incurred by the recipient in providing such services
(and not otherwise reimbursed under paragraph (1)), are reimbursed to
such recipient; and
`(C) the recipient reports the rates for providing such services under
such agreement in accordance with subsection (c) and the rates are consistent
with the prevailing market rate for provision of such services in the
relevant geographic area as determined by the State agency or area agency
on aging (as applicable); and
`(3) any amount of payment to the recipient under the agreement that exceeds
reimbursement under this subsection of the recipient's costs is used to
provide, or support the provision of, services under this Act.
`(b) Ensuring Appropriate Use of Funds- An agreement described in subsection
(a) may not--
`(1) be made without the prior approval of the State agency (or, in the
case of a grantee under title VI, without the prior recommendation of
the Director of the Office for American Indian, Alaska Native, and Native
Hawaiian Aging and the prior approval of the Assistant Secretary), after
timely submission of all relevant documents related to the agreement including
information on all costs incurred;
`(2) directly or indirectly provide for, or have the effect of, paying,
reimbursing, subsidizing, or otherwise compensating an individual or entity
in an amount that exceeds the fair market value of the services subject
to such agreement;
`(3) result in the displacement of services otherwise available to an
older individual with 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.
`(c) Monitoring and Reporting- To ensure that any agreement described in
subsection (a) complies with the requirements of this section and other
applicable provisions of this Act, the Assistant Secretary shall develop
and implement uniform monitoring procedures and reporting requirements consistent
with the provisions of subparagraphs (A) through (E) of section 306(a)(13)
in consultation with the State agencies and area agencies on aging. The
Assistant Secretary shall annually prepare and submit to the chairpersons
and ranking members of the appropriate committees of Congress a report analyzing
all such agreements, and the costs incurred and services provided under
the agreements. This report shall contain information on the number of the
agreements per State, summaries of all the agreements, and information on
the type of organizations participating in the agreements, types of services
provided under the agreements, and the net proceeds from, and documentation
of funds spent and reimbursed, under the agreements.
`(d) Timely Reimbursement- All reimbursements made under this section shall
be made in a timely manner, according to standards specified by the Assistant
Secretary.
`(e) Cost- In this section, the term `cost' means an expense, including
an administrative expense, incurred by a recipient in developing or carrying
out an agreement described in subsection (a), whether the recipient contributed
funds, staff time, or other plant, equipment, or services to meet the expense.'.
SEC. 208. NUTRITION EDUCATION.
Section 214 of the Older Americans Act of 1965 (42 U.S.C. 3020e) is amended
to read as follows:
`SEC. 214. NUTRITION EDUCATION.
`The Assistant Secretary, in consultation with the Secretary of Agriculture,
shall conduct outreach and provide technical 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--
`(1) are designed for older individuals; and
`(A) nutrition education;
`(B) physical activity; and
`(C) other activities to modify behavior and to improve health literacy,
including providing information on optimal nutrient intake, through
nutrition education and nutrition assessment and counseling, in accordance
with section 339(2)(J).'.
SEC. 209. PENSION COUNSELING AND INFORMATION PROGRAMS.
Section 215 of the Older Americans Act of 1965 (42 U.S.C. 3020e-1) is amended--
(1) in subsection (e)(1)(J), by striking `and low income retirees' and
inserting `, low-income retirees, and older individuals with limited English
proficiency';
(2) in subsection (f), by striking paragraph (2) and inserting the following:
`(2) The ability of the entity to perform effective outreach to affected
populations, particularly populations with limited English proficiency
and other populations that are identified as in need of special outreach.';
and
(3) in subsection (h)(2), by inserting `(including individuals with limited
English proficiency)' after `individuals'.
SEC. 210. AUTHORIZATION OF APPROPRIATIONS.
Section 216 of the Older Americans Act of 1965 (42 U.S.C. 3020f) is amended--
(1) in subsection (a), by striking `2001, 2002, 2003, 2004, and 2005'
and inserting `2007, 2008, 2009, 2010, and 2011.'; and
(2) in subsections (b) and (c), by striking `year' and all that follows
through `years', and inserting `years 2007, 2008, 2009, 2010, and 2011'.
TITLE III--GRANTS FOR STATE AND COMMUNITY PROGRAMS ON AGING
SEC. 301. PURPOSE; ADMINISTRATION.
Section 301(a)(2) of the Older Americans Act of 1965 (42 U.S.C. 3021(a)(2))
is amended--
(1) in subparagraph (D), by striking `and' at the end;
(2) in subparagraph (E), by striking the period at the end and inserting
`; and'; and
(3) by adding at the end the following:
`(F) organizations that have experience in providing training, placement,
and stipends for volunteers or participants who are older individuals
(such as organizations carrying out Federal service programs administered
by the Corporation for National and Community Service), in community service
settings.'.
SEC. 302. DEFINITIONS.
Section 302 of the Older Americans Act of 1965 (42 U.S.C. 3022) is amended--
(1) by adding at the end the following:
`(4) The term `family caregiver' means an adult family member, or another
individual, who is an informal provider of in-home and community care
to an older individual or to an individual with Alzheimer's disease or
a related disorder with neurological and organic brain dysfunction.';
(2) by redesignating paragraphs (2), (3), and (4) as paragraphs (4), (2),
and (3), respectively; and
(3) by moving paragraph (4), as so redesignated, to the end of the section.
SEC. 303. AUTHORIZATION OF APPROPRIATIONS; USES OF FUNDS.
Section 303 of the Older Americans Act of 1965 (42 U.S.C. 3023) is amended--
(1) in subsections (a)(1), (b), and (d), by striking `year 2001' and all
that follows through `years' each place it appears, and inserting `years
2007, 2008, 2009, 2010, and 2011'; and
(A) in paragraph (1) by striking `$125,000,000' and all that follows
and inserting `$160,000,000 for fiscal year 2007.';
(B) in paragraph (2), by striking `such sums' and all that follows and
inserting `$166,500,000 for fiscal year 2008, $173,000,000 for fiscal
year 2009, $180,000,000 for fiscal year 2010, and $187,000,000 for fiscal
year 2011.'; and
(i) by striking `(2)--' and all that follows through `1 percent' and
inserting `(2), not more than 1 percent';
(ii) by striking `shall' and inserting `may'; and
(iii) by striking `section 376' and inserting `section 411(a)(11)'.
SEC. 304. ALLOTMENTS.
Section 304(a)(3)(D) of the Older Americans Act of 1965 (42 U.S.C. 3024(a)(3)(D))
is amended to read as follows:
`(D)(i) No State shall be allotted less than the total amount allotted to
the State for fiscal year 2006.
`(ii) No State shall receive a percentage increase in an allotment, above
the State's fiscal year 2006 allotment, that is less than--
`(I) for fiscal year 2007, 20 percent of the percentage increase above
the fiscal year 2006 allotments for all of the States;
`(II) for fiscal year 2008, 15 percent of the percentage increase above
the fiscal year 2006 allotments for all of the States;
`(III) for fiscal year 2009, 10 percent of the percentage increase above
the fiscal year 2006 allotments for all of the States; and
`(IV) For fiscal year 2010, 5 percent of the percentage increase above
the fiscal year 2006 allotments for all of the States.'.
SEC. 305. ORGANIZATION.
Section 305(a) of the Older Americans Act of 1965 (42 U.S.C. 3025(a)) is
amended--
(1) in paragraph (1)(E)--
(A) by striking `(with particular attention to low-income minority individuals
and older individuals residing in rural areas)' each place it appears
and inserting `(with particular attention to low-income older individuals,
including low-income minority older individuals, older individuals with
limited English proficiency, and older individuals residing in rural
areas)'; and
(B) by striking `and' at the end;
(A) in subparagraph (E), by striking `, with particular attention to
low-income minority individuals and older individuals residing in rural
areas' and inserting `(with particular attention to low-income older
individuals, including low-income minority older individuals, older
individuals with limited English proficiency, and older individuals
residing in rural areas)'; and
(B) in subparagraph (G), by striking the period and inserting `; and';
and
(3) by adding at the end the following:
`(3) the State agency shall, consistent with this section, promote the
development and implementation of a State system of long-term care that
is a comprehensive, coordinated system that enables older individuals
to receive long-term care in home and community-based settings, in a manner
responsive to the needs and preferences of the older individuals and their
family caregivers, by--
`(A) collaborating, coordinating, and consulting with other agencies
in such State responsible for formulating, implementing, and administering
programs, benefits, and services related to providing long-term care;
`(B) participating in any State government activities concerning long-term
care, including reviewing and commenting on any State rules, regulations,
and policies related to long-term care;
`(C) conducting analyses and making recommendations with respect to
strategies for modifying the State system of long-term care to better--
`(i) respond to the needs and preferences of older individuals and
family caregivers;
`(ii) facilitate the provision, by service providers, of long-term
care in home and community-based settings; and
`(iii) target services to individuals at risk for institutional placement,
to permit such individuals to remain in home and community-based settings;
`(D) implementing (through area agencies on aging, service providers,
and such other entities as the State determines to be appropriate) evidence-based
programs to assist older individuals and their family caregivers in
learning about and making behavioral changes intended to reduce the
risk of injury, disease, and disability among older individuals; and
`(E) providing for the availability and distribution (through public
education campaigns, Aging and Disability Resource Centers, area agencies
on aging, and other appropriate means) of information relating to--
`(i) the need to plan in advance for long-term care; and
`(ii) the full range of available public and private long-term care
(including integrated long-term care) programs, options, service providers,
and resources.'.
SEC. 306. 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)' 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)';
(ii) by striking `(with particular attention to low-income minority
individuals)' 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
(iii) by inserting `the number of older individuals at risk for institutional
placement residing in such area,' after `individuals) residing in
such area,';
(B) in paragraph (2)(A)--
(i) by inserting after `transportation,' the following: `health services
(including mental health services),'; and
(ii) by inserting after `information and assistance' the following:
`(which may include information and assistance to consumers on availability
of services under part B and how to receive benefits under and participate
in publicly supported programs for which the consumer may be eligible)';
(i) in subparagraph (A)--
(I) by amending clause (i) to read as follows:
`(i)(I) provide assurances that the area agency on aging will--
`(aa) set specific objectives, consistent with State policy, for providing
services to older individuals with greatest economic need, older individuals
with greatest social need, and older individuals at risk for institutional
placement;
`(bb) include specific objectives for providing services to low-income
minority older individuals, older individuals with limited English proficiency,
and older individuals residing in rural areas; and
`(II) include proposed methods to achieve the objectives described in
items (aa) and (bb) of subclause (I);'; and
(II) in clause (ii), by inserting `, older 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; and
(aa) in subclause (V), by striking `with limited English-speaking
ability; and' and inserting `with limited English proficiency;';
(bb) in subclause (VI), by striking `or related' and inserting
`and related'; and
(cc) by adding at the end the following:
`(VII) older individuals at risk for institutional placement; and';
(D) 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 older individuals and individuals with disabilities needing such
services and, if possible, work in coordination with organizations that
have experience in providing training, placement, and stipends for volunteers
or participants (such as organizations carrying out Federal service
programs administered by the Corporation for National and Community
Service), in community service settings;';
(ii) in subparagraph (D)--
(I) by inserting `family caregivers of such individuals,' after
`Act,'; and
(II) by inserting `service providers, representatives of the business
community,' after `individuals,'; and
(iii) by amending subparagraph (F) to read as follows:
`(F) in coordination with the State agency and with the State agency
responsible for mental health services, increase public awareness of
mental health disorders, remove barriers to diagnosis and treatment,
and coordinate mental health services (including mental health screenings)
provided with funds expended by the area agency on aging with mental
health services provided by community health centers and by other public
agencies and nonprofit private organizations;';
(F) in paragraph (7), to read as follows:
`(7) provide that the area agency on aging shall, consistent with this
section, facilitate the area-wide development and implementation of a
comprehensive, coordinated system for 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 activities, 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 and making recommendations with respect to
strategies for modifying the local system of long-term care to better--
`(i) respond to the needs and preferences of older individuals and
family caregivers;
`(ii) facilitate the provision, by service providers, of long-term
care in home and community-based settings; and
`(iii) target services to older individuals at risk for institutional
placement, to permit such individuals to remain in home and community-based
settings;
`(C) implementing, 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) providing for the availability and distribution (through public
education campaigns, Aging and Disability Resource Centers, the area
agency on aging itself, and other appropriate means) of information
relating to--
`(i) the need to plan in advance for long-term care; and
`(ii) the full range of available public and private long-term care
(including integrated long-term care) programs, options, service providers,
and resources;';
(G) by striking paragraph (14) and the 2 paragraphs (15);
(H) by redesignating paragraph (16) as paragraph (14); and
(I) by adding at the end the following:
`(15) provide assurances that funds received under this title will be
used--
`(A) to provide benefits and services to older individuals, giving priority
to older individuals identified in paragraph (4)(A)(i); and
`(B) in compliance with the assurances specified in paragraph (13) and
the limitations specified in section 212;
`(16) provide, to the extent feasible, for the furnishing of services
under this Act, consistent with self-directed care; and
`(17) include information detailing how the area agency on aging will
coordinate activities, and develop long-range emergency preparedness plans,
with local and State emergency response agencies, relief organizations,
local and State governments, and any other institutions that have responsibility
for disaster relief service delivery.';
(2) by redesignating subsections (b), (c), (d), and (e) as subsections
(c), (d), (e), and (f); and
(3) by inserting after subsection (a) the following:
`(b)(1) An area agency on aging may include in the area plan an assessment
of how prepared the area agency on aging and service providers in the planning
and service area are for any anticipated change in the number of older individuals
during the 10-year period following the fiscal year for which the plan is
submitted.
`(2) Such assessment may include--
`(A) the projected change in the number of older individuals in the planning
and service area;
`(B) an analysis of how such change may affect such individuals, including
individuals with low incomes, individuals with greatest economic need,
minority older individuals, older individuals residing in rural areas,
and older individuals with limited English proficiency;
`(C) an analysis of how the programs, policies, and services provided
by such area agency can be improved, and how resource levels can be adjusted
to meet the needs of the changing population of older individuals in the
planning and service area; and
`(D) an analysis of how the change in the number of individuals age 85
and older in the planning and service area is expected to affect the need
for supportive services.
`(3) An area agency on aging, in cooperation with government officials,
State agencies, tribal organizations, or local entities, may make recommendations
to government officials in the planning and service area and the State,
on actions determined by the area agency to build the capacity in the planning
and service area to meet the needs of older individuals for--
`(A) health and human services;
`(F) workforce and economic development;
`(J) emergency preparedness; and
`(K) any other service as determined by such agency.'.
SEC. 307. STATE PLANS.
Section 307(a) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)) is
amended--
(1) in paragraph (2)(C), by striking `section 306(b)' and inserting `section
306(c)';
(2) in paragraph (4), by striking `, with particular attention to low-income
minority individuals and older individuals residing in rural areas' and
inserting `(with particular attention to low-income minority older individuals,
older individuals with limited English proficiency, and older individuals
residing in rural areas)';
(3) by striking paragraph (15);
(4) by redesignating paragraph (14) as paragraph (15);
(5) by inserting after paragraph (13) the following:
`(14) The plan shall, with respect to the fiscal year 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 minority older individuals
with limited English proficiency; and
`(B) describe the methods used to satisfy the service needs of the low-income
minority older individuals described in subparagraph (A), including
the plan to meet the needs of low-income minority older individuals
with limited English proficiency.';
(6) in paragraph (16)(A)--
(A) in clauses (ii) and (iii), by striking `(with particular attention
to low-income minority individuals and older individuals residing in
rural areas)' each place it appears and inserting `(with particular
attention to low-income older individuals, including low-income minority
older individuals, older individuals with limited English proficiency,
and older individuals residing in rural areas)'; and
(B) in clause (vi), by striking `or related' and inserting `and related';
and
(7) by adding at the end the following:
`(27) The plan shall provide assurances that area agencies on aging will
provide, to the extent feasible, for the furnishing of services under
this Act, consistent with self-directed care.
`(28)(A) The plan shall include, at the election of the State, an assessment
of how prepared the State is, under the State's statewide service delivery
model, for any anticipated change in the number of older individuals during
the 10-year period following the fiscal year for which the plan is submitted.
`(B) Such assessment may include--
`(i) the projected change in the number of older individuals in the
State;
`(ii) an analysis of how such change may affect such individuals, including
individuals with low incomes, individuals with greatest economic need,
minority older individuals, older individuals residing in rural areas,
and older individuals with limited English proficiency;
`(iii) an analysis of how the programs, policies, and services provided
by the State can be improved, including coordinating with area agencies
on aging, and how resource levels can be adjusted to meet the needs
of the changing population of older individuals in the State; and
`(iv) an analysis of how the change in the number of individuals age
85 and older in the State is expected to affect the need for supportive
services.
`(29) The plan shall include information detailing how the State will
coordinate activities, and develop long-range emergency preparedness plans,
with area agencies on aging, local emergency response agencies, relief
organizations, local governments, State agencies responsible for emergency
preparedness, and any other institutions that have responsibility for
disaster relief service delivery.
`(30) The plan shall include information describing the involvement of
the head of the State agency in the development, revision, and implementation
of emergency preparedness plans, including the State Public Health Emergency
Preparedness and Response Plan.'.
SEC. 308. PAYMENTS.
Section 309(b)(2) of the Older Americans Act of 1965 (42 U.S.C. 3029(b)(2))
is amended by striking `the non-Federal share required prior to fiscal year
1981' and inserting `10 percent of the cost of the services specified in
such section 304(d)(1)(D)'.
SEC. 309. NUTRITION SERVICES INCENTIVE PROGRAM.
Section 311 of the Older Americans Act of 1965 (42 U.S.C. 3030a) is amended--
(1) in subsection (b), by adding at the end the following:
`(3) State agencies that elect to make grants and enter into contracts for
purposes of this section shall promptly and equitably disburse amounts received
under this subsection to the recipients of the grants and contracts.';
(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 provided under this subsection, the Secretary
of Agriculture shall give special emphasis to foods of high nutritional
value to support the health of older individuals. The Secretary of Agriculture,
in consultation with the Assistant Secretary, is authorized to prescribe
the terms and conditions respecting the provision of commodities under this
subsection.';
(3) in subsection (d), to read as follows:
`(d)(1) Amounts provided under subsection (b) shall be available only for
the purchase, by State agencies, recipients of grants and contracts from
the State agencies (as applicable), and title VI grantees, of United States
agricultural commodities and other foods for their respective nutrition
projects, subject to paragraph (2).
`(2) An entity specified in paragraph (1) may, at the option of such entity,
use part or all of the amounts received by the entity under subsection (b)
to pay a school food authority (within the meaning of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.)) to obtain United States
agricultural commodities for such entity's nutrition projects, in accordance
with an agreement between the entity and the school food authority, under
which such payments--
`(A) shall cover the cost of such commodities; and
`(B) may cover related expenses incurred by the school food authority,
including the cost of transporting, distributing, processing, storing,
and handling such commodities.';
(4) in subsection (e), by striking `2001' and inserting `2007'; and
(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 striking paragraphs (1) and (2) and inserting the following:
`(1) school food authorities participating in programs authorized under
the Richard B. Russell National School Lunch Act within the geographic
area served by each such State agency, area agency on aging, and provider;
and
`(2) the foods available to such State agencies, area agencies on aging,
and providers under subsection (c).'.
SEC. 310. CONSUMER CONTRIBUTIONS.
Section 315 of the Older Americans Act of 1965 (42 U.S.C. 3030c-2) is amended--
(i) by striking `provided that' and inserting `if'; and
(ii) by adding at the end the following: `Such contributions shall
be encouraged for individuals whose self-declared income is at or
above 185 percent of the poverty line, at contribution levels based
on the actual cost of services.'; and
(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 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)'.
SEC. 311. SUPPORTIVE SERVICES AND SENIOR CENTERS.
Section 321(a) of the Older Americans Act of 1965 (42 U.S.C. 3030d(a)) is
amended--
(1) in paragraph (8), by inserting `(including mental health screening)'
after `screening';
(2) in paragraph (11), by striking `services' and inserting `provision
of services and assistive devices (including provision of assistive technology
services and assistive technology devices)';
(3) in paragraph (14)(B) by inserting `(including mental health)' after
`health';
(A) by striking `school-age children' and inserting `students'; and
(B) by inserting `services for older individuals with limited English
proficiency and' after `including';
(5) in paragraph (22) by striking the period at the end and inserting
a semicolon;
(6) by redesignating paragraph (23) as paragraph (25); and
(7) by inserting after paragraph (22) the following:
`(23) services designed to support States, area agencies on aging, and
local service providers in carrying out and coordinating activities for
older individuals with respect to mental health services, including outreach
for, education concerning, and screening for such services, and referral
to such services for treatment;
`(24) activities to promote and disseminate information about life-long
learning programs, including opportunities for distance learning; and'.
SEC. 312. NUTRITION SERVICE.
After the part heading of part C of title III of the Older Americans Act
of 1965 (42 U.S.C. 3030e et seq.), insert the following:
`SEC. 330. PURPOSES.
`The purposes of this part are--
`(1) to reduce hunger and food insecurity;
`(2) to promote socialization of older individuals; and
`(3) to promote the health and well-being of older individuals by assisting
such individuals to gain access to nutrition and other disease prevention
and health promotion services to delay the onset of adverse health conditions
resulting from poor nutritional health or sedentary behavior.'.
SEC. 313. CONGREGATE NUTRITION PROGRAM.
Section 331 of the Older Americans Act of 1965 (42 U.S.C. 3030e) is amended--
(1) by striking `projects--' and inserting `projects that--';
(2) in paragraph (1), by striking `which,';
(3) in paragraph (2), by striking `which'; and
(4) by striking paragraph (3), and inserting the following:
`(3) provide nutrition education, nutrition counseling, and other nutrition
services, as appropriate, based on the needs of meal participants.'.
SEC. 314. HOME DELIVERED NUTRITION SERVICES.
Section 336 of the Older Americans Act of 1965 (42 U.S.C. 3030f) is amended
to read as follows:
`SEC. 336. PROGRAM AUTHORIZED.
`The Assistant Secretary shall establish and carry out a program to make
grants to States under State plans approved under section 307 for the establishment
and operation of nutrition projects for older individuals that provide--
`(1) on 5 or more days a week (except in a rural area where such frequency
is not feasible (as defined by the Assistant Secretary by rule) and a
lesser frequency is approved by the State agency) at least 1 home delivered
meal per day, which may consist of hot, cold, frozen, dried, canned, fresh,
or 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. 315. CRITERIA.
Section 337 of the Older Americans Act of 1965 (42 U.S.C. 3030g) is amended
to read as follows:
`SEC. 337. CRITERIA.
`The Assistant Secretary, in consultation with recognized experts in the
fields of nutrition science, dietetics, meal planning and food service management,
and aging, shall develop minimum criteria of efficiency and quality for
the furnishing of home delivered meal services for projects described in
section 336.'.
SEC. 316. NUTRITION.
Section 339 of the Older Americans Act of 1965 (42 U.S.C. 3030g-21) is amended--
(1) in paragraph (1), to read as follows:
`(1) solicit the expertise of a dietitian or other individual with equivalent
education and training in nutrition science, or if such an individual
is not available, an individual with comparable expertise in the planning
of nutritional services, and'; and
(A) in subparagraph (A)--
(i) in clause (i), to read as follows:
`(i) comply with the most recent Dietary Guidelines for Americans,
published by the Secretary and the Secretary of Agriculture, and';
and
(ii) in clause (ii)(I), by striking `daily recommended dietary allowances
as' and inserting `dietary reference intakes';
(B) in subparagraph (D), by inserting `joint' after `encourages';
(C) in subparagraph (G), to read as follows:
`(G) ensures that meal providers solicit the advice and expertise of--
`(i) a dietitian or other individual described in paragraph (1),
`(ii) meal participants, and
`(iii) other individuals knowledgeable with regard to the needs of
older individuals,';
(D) in subparagraph (H), by striking `and accompany';
(E) in subparagraph (I), by striking `and' at the end; and
(F) by striking subparagraph (J) and inserting the following:
`(J) provides for nutrition screening and nutrition education, and nutrition
assessment and counseling if appropriate, and
`(K) encourages individuals who distribute nutrition services under
subpart 2 to provide, to homebound older individuals, available medical
information approved by health care professionals, such as informational
brochures and information on how to get vaccines, including vaccines
for influenza, pneumonia, and shingles, in the individuals' communities.'.
SEC. 317. STUDY OF NUTRITION PROJECTS.
(1) IN GENERAL- The Assistant Secretary for Aging shall use funds allocated
in section 206(g) of the Older Americans Act of 1965 (42 U.S.C. 3017(g))
to enter into a contract with the Food and Nutrition Board of the Institute
of Medicine of the National Academy of Sciences, for the purpose of establishing
an independent panel of experts that will conduct an evidence-based study
of the nutrition projects authorized by such Act.
(2) STUDY- Such study shall, to the extent data are available, include--
(A) an evaluation of the effect of the nutrition projects authorized
by such Act on--
(i) improvement of the health status, including nutritional status,
of participants in the projects;
(ii) prevention of hunger and food insecurity of the participants;
and
(iii) continuation of the ability of the participants to live independently;
(B) a cost-benefit analysis of nutrition projects authorized by such
Act, including the potential to affect costs of the Medicaid program
under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.);
and
(C) an analysis of how and recommendations for how nutrition projects
authorized by such Act may be modified to improve the outcomes described
in subparagraph (A), including recommendations for improving the nutritional
quality of the meals provided through the projects and undertaking other
potential strategies to improve the nutritional status of the participants.
(1) REPORT TO THE ASSISTANT SECRETARY- The panel described in subsection
(a)(1) shall submit to the Assistant Secretary a report containing the
results of the evidence-based study described in subsection (a), including
any recommendations described in subsection (a)(2)(C).
(2) REPORT TO CONGRESS- The Assistant Secretary shall submit a report
containing the results described in paragraph (1) to the Committee on
Education and the Workforce of the House of Representatives and the Committee
on Health, Education, Labor, and Pensions of the Senate.
SEC. 318. SENSE OF CONGRESS RECOGNIZING THE CONTRIBUTION OF NUTRITION
TO THE HEALTH OF OLDER ADULTS.
(a) Findings- Congress finds that--
(1) good nutrition is vital to good health, and a diet based on the Dietary
Guidelines for Americans may reduce the risk of chronic diseases such
as cardiovascular disease, osteoporosis, diabetes, macular degeneration,
and cancer;
(2) the American Dietetic Association and the American Academy of Family
Physicians have estimated that the percentage of older adults who are
malnourished is estimated at 20 to 60 percent for those who are in home
care and at 40 to 85 percent for those who are in nursing homes;
(3) the Institute of Medicine of the National Academy of Sciences has
estimated that approximately 40 percent of community-residing persons
age 65 and older have inadequate nutrient intakes;
(4) older adults are susceptible to nutrient deficiencies for a number
of reasons, including a reduced capacity to absorb and utilize nutrients,
difficulty chewing, and loss of appetite;
(5) while diet is the preferred source of nutrition, evidence suggests
that the use of a single daily multivitamin-mineral supplement may be
an effective way to address nutritional gaps that exist among the elderly
population, especially the poor; and
(6) the Dietary Guidelines for Americans state that multivitamin-mineral
supplements may be useful when they fill a specific identified nutrient
gap that cannot be or is not otherwise being met by the individual's intake
of food.
(b) Sense of Congress- It is the sense of Congress that--
(1) meal programs funded by the Older Americans Act of 1965 contribute
to the nutritional health of older adults;
(2) when the nutritional needs of older adults are not fully met by diet,
use of a single, daily multivitamin-mineral supplement may help prevent
nutrition deficiencies common in many older adults;
(3) use of a single, daily multivitamin-mineral supplement can be a safe
and inexpensive strategy to help ensure the nutritional health of older
adults; and
(4) nutrition service providers under the Older Americans Act of 1965
should consider whether individuals participating in congregate and home-delivered
meal programs would benefit from a single, daily multivitamin-mineral
supplement that is in compliance with all applicable government quality
standards and provides at least 2/3 of the essential vitamins and minerals
at 100 percent of the daily value levels as determined by the Commissioner
of Food and Drugs.
SEC. 319. IMPROVING INDOOR AIR QUALITY IN BUILDINGS WHERE OLDER INDIVIDUALS
CONGREGATE.
Section 361 of the Older Americans Act of 1965 (42 U.S.C. 3030m) is amended
by adding at the end the following:
`(c) The Assistant Secretary shall work in consultation with qualified experts
to provide information on methods of improving indoor air quality in buildings
where older individuals congregate.'.
SEC. 320. CAREGIVER SUPPORT PROGRAM DEFINITIONS.
Section 372 of the National Family Caregiver Support Act (42 U.S.C. 3030s)
is amended--
(1) in paragraph (1), by inserting `or who is an individual with a disability'
after `age';
(A) by striking `a child by blood or marriage' and inserting `a child
by blood, marriage, or adoption'; and
(B) by striking `60' and inserting `55';
(3) by inserting before `In this subpart' the following: `(a) In General-
';
(4) by striking paragraph (2);
(5) by redesignating paragraph (3) as paragraph (2);
(6) by adding at the end the following:
`(b) Rule- In providing services under this subpart--
`(1) for family caregivers who provide care for individuals with Alzheimer's
disease and related disorders with neurological and organic brain dysfunction,
the State involved shall give priority to caregivers who provide care
for older individuals with such disease or disorder; and
`(2) for grandparents or older individuals who are relative caregivers,
the State involved shall give priority to caregivers who provide care
for children with severe disabilities.'.
SEC. 321. CAREGIVER SUPPORT PROGRAM.
Section 373 of the National Family Caregiver Support Act (42 U.S.C. 3030s-1)
is amended--
(1) in subsection (b)(3), by striking `caregivers to assist' and all that
follows through the end and inserting the following: `assist the caregivers
in the areas of health, nutrition, and financial literacy, and in making
decisions and solving problems relating to their caregiving roles;';
(A) in paragraph (1)(B), by striking `subparagraph (A)(i) or (B) of
section 102(28)' and inserting `subparagraph (A)(i) or (B) of section
102(22)'; and
(B) by striking paragraph (2) and inserting the following:
`(2) PRIORITY- In providing services under this subpart, the State, in
addition to giving the priority described in section 372(b), shall give
priority--
`(A) to caregivers who are older individuals with greatest social need,
and older individuals with greatest economic need (with particular attention
to low-income older individuals); and
`(B) to older individuals providing care to individuals with severe
disabilities, including children with severe disabilities.';
(3) in subsection (d), to read as follows:
`(d) Use of Volunteers- In carrying out this subpart, each area agency on
aging shall make use of trained volunteers to expand the provision of the
available services described in subsection (b) and, if possible, work in
coordination with organizations that have experience in providing training,
placement, and stipends for volunteers or participants (such as organizations
carrying out Federal service programs administered by the Corporation for
National and Community Service), in community service settings.';
(4) in subsection (e)(3), by adding at the end the following: `The reports
shall describe any mechanisms used in the State to provide to persons
who are family caregivers, or grandparents or older individuals who are
relative caregivers, information about and access to various services
so that the persons can better carry out their care responsibilities.';
(5) in subsection (f)(1), by striking `2001 through 2005' and inserting
`2007, 2008, 2009, 2010, and 2011'; and
(6) in subsection (g)(2)(C), by inserting `of a child who is not more
than 18 years of age' before the period at the end.
SEC. 322. NATIONAL INNOVATION.
Subpart 2 of part E of title III of the Older Americans Act of 1965 (42
U.S.C. 3030s-11 et seq.) is repealed.
TITLE IV--ACTIVITIES FOR HEALTH, INDEPENDENCE, AND LONGEVITY
SEC. 401. TITLE.
The Older Americans Act of 1965 is amended by inserting before section 401
(42 U.S.C. 3031) the following:
`TITLE IV--ACTIVITIES FOR HEALTH, INDEPENDENCE, AND LONGEVITY'.
SEC. 402. GRANT PROGRAMS.
Section 411 of the Older Americans Act of 1965 (42 U.S.C. 3032) is amended--
(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 activities may include--
`(A) efforts to assess the aging population;
`(B) activities to coordinate the activities of State and local agencies
in order to meet the needs of older individuals; and
`(C) training and technical assistance to support States, area agencies
on aging, and organizations receiving grants under title VI, in engaging
in community planning activities;
`(10) the development, implementation, and assessment of technology-based
service models and best practices, to 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 older individuals 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) programs addressing unique issues faced by rural caregivers;
`(B) programs focusing on the needs of older individuals with cognitive
impairment such as Alzheimer's disease and related disorders with neurological
and organic brain dysfunction, and their caregivers; and
`(C) programs supporting caregivers in the role they play in providing
disease prevention and health promotion services;
`(12) building public awareness of cognitive impairments such as Alzheimer's
disease and related disorders with neurological and organic brain dysfunction,
depression, and mental disorders; and'; and
(2) in subsection (b), by striking `year' and all that follows through
`years' and inserting `years 2007, 2008, 2009, 2010, and 2011'.
SEC. 403. CAREER PREPARATION FOR THE FIELD OF AGING.
Section 412(a) of the Older Americans Act of 1965 (42 U.S.C. 3032a(a)) is
amended to read as follows:
`(a) Grants- The Assistant Secretary shall make grants to institutions of
higher education, including historically Black colleges or universities,
Hispanic-serving institutions, and Hispanic Centers of Excellence in Applied
Gerontology, to provide education and training that prepares students for
careers in the field of aging.'.
SEC. 404. HEALTH CARE SERVICE DEMONSTRATION PROJECTS IN RURAL AREAS.
Section 414 of the Older Americans Act of 1965 (42 U.S.C. 3032c) is amended--
(1) in subsection (a), by inserting `mental health services,' after `care,';
and
(2) in subsection (b)(1)(B)(i), by inserting `mental health,' after `health,'.
SEC. 405. TECHNICAL ASSISTANCE AND INNOVATION TO IMPROVE TRANSPORTATION
FOR OLDER INDIVIDUALS.
Section 416 of the Older Americans Act of 1965 (42 U.S.C. 3032e) is amended
to read as follows:
`SEC. 416. TECHNICAL ASSISTANCE AND INNOVATION TO IMPROVE TRANSPORTATION
FOR OLDER INDIVIDUALS.
`(a) In General- The Secretary may award grants or contracts to nonprofit
organizations to improve transportation services for older individuals.
`(1) IN GENERAL- A nonprofit organization receiving a grant or contract
under subsection (a) shall use the funds received through such grant or
contract to carry out a demonstration project, or to provide technical
assistance to assist local transit providers, area agencies on aging,
senior centers, and local senior support groups, to encourage and facilitate
coordination of Federal, State, and local transportation services and
resources for older individuals. The organization may use the funds to
develop and carry out an innovative transportation demonstration project
to create transportation services for older individuals.
`(2) SPECIFIC ACTIVITIES- In carrying out a demonstration project or providing
technical assistance under paragraph (1) the organization may carry out
activities that include--
`(A) developing innovative approaches for improving access by older
individuals to transportation services, including volunteer driver programs,
economically sustainable transportation programs, and programs that
allow older individuals to transfer their automobiles to a provider
of transportation services in exchange for the services;
`(B) preparing information on transportation options and resources for
older individuals and organizations serving such individuals, and disseminating
the information by establishing and operating a toll-free telephone
number;
`(C) developing models and best practices for providing comprehensive
integrated transportation services for older individuals, including
services administered by the Secretary of Transportation, by providing
ongoing technical assistance to agencies providing services under title
III and by assisting in coordination of public and community transportation
services; and
`(D) providing special services to link older individuals to transportation
services not provided under title III.
`(c) Economically Sustainable Transportation- In this section, the term
`economically sustainable transportation' means demand responsive transportation
for older individuals--
`(1) that may be provided through volunteers; and
`(2) that the provider will provide without receiving Federal or other
public financial assistance, after a period of not more than 5 years of
providing the services under this section.'.
SEC. 406. DEMONSTRATION, SUPPORT, AND RESEARCH PROJECTS FOR MULTIGENERATIONAL
ACTIVITIES AND CIVIC ENGAGEMENT ACTIVITIES.
Section 417 of the Older Americans Act of 1965 (42 U.S.C. 3032f) is amended
to read as follows:
`SEC. 417. DEMONSTRATION, SUPPORT, AND RESEARCH PROJECTS FOR MULTIGENERATIONAL
AND CIVIC ENGAGEMENT ACTIVITIES.
`(a) Grants and Contracts- The Assistant Secretary shall award grants and
enter into contracts with eligible organizations to carry out projects to--
`(1) provide opportunities for older individuals to participate in multigenerational
activities and civic engagement activities designed to meet critical community
needs, and use the full range of time, skills, and experience of older
individuals, including demonstration and support projects that--
`(A) provide support for grandparents and other older individuals who
are relative caregivers raising children (such as kinship navigator
programs); or
`(B) involve volunteers who are older individuals who provide support
and information to families who have a child with a disability or chronic
illness, or other families in need of such family support; and
`(2) coordinate multigenerational activities and civic engagement activities,
promote volunteerism, and facilitate development of and participation
in multigenerational activities and civic engagement activities.
`(b) Use of Funds- An eligible organization shall use funds made available
under a grant awarded, or a contract entered into, under this section to--
`(1) carry out a project described in subsection (a); and
`(2) evaluate the project in accordance with subsection (f).
`(c) Preference- In awarding grants and entering into contracts to carry
out a project described in subsection (a), the Assistant Secretary shall
give preference to--
`(1) eligible organizations with a demonstrated record of carrying out
multigenerational activities or civic engagement activities;
`(2) eligible organizations proposing multigenerational activity projects
that will serve older individuals and communities with the greatest need
(with particular attention to low-income minority individuals, older individuals
with limited English proficiency, older individuals residing in rural
areas, and low-income minority communities);
`(3) eligible organizations proposing civic engagement projects that will
serve communities with the greatest need; and
`(4) eligible organizations with the capacity to develop meaningful roles
and assignments that use the time, skills, and experience of older individuals
to serve public and nonprofit organizations.
`(d) Application- To be eligible to receive a grant or enter into a contract
under subsection (a), an organization shall submit an application to the
Assistant Secretary at such time, in such manner, and accompanied by such
information as the Assistant Secretary may reasonably require.
`(e) Eligible Organizations- Organizations eligible to receive a grant or
enter into a contract under subsection (a)--
`(1) to carry out activities described in subsection (a)(1), shall be
organizations that provide opportunities for older individuals to participate
in activities described in subsection (a)(1); and
`(2) to carry out activities described in subsection (a)(2), shall be
organizations with the capacity to conduct the coordination, promotion,
and facilitation described in subsection (a)(2), through the use of multigenerational
coordinators.
`(f) Local Evaluation and Report-
`(1) EVALUATION- Each organization receiving a grant or a contract under
subsection (a) to carry out a project described in subsection (a) shall
evaluate the multigenerational activities or civic engagement activities
carried out under the project to determine--
`(A) the effectiveness of the activities involved;
`(B) the impact of such activities on the community being served and
the organization providing the activities; and
`(C) the impact of such activities on older individuals involved in
such project.
`(2) REPORT- The organization shall submit a report to the Assistant Secretary
containing the evaluation not later than 6 months after the expiration
of the period for which the grant or contract is in effect.
`(g) Report to Congress- Not later than 6 months after the Assistant Secretary
receives the reports described in subsection (f)(2), the Assistant Secretary
shall prepare and submit to the Speaker of the House of Representatives
and the President pro tempore of the Senate a report that assesses the evaluations
and includes, at a minimum--
`(1) the names or descriptive titles of the projects funded under subsection
(a);
`(2) a description of the nature and operation of the projects;
`(3) the names and addresses of organizations that conducted the projects;
`(4) in the case of projects carried out under subsection (a)(1), a description
of the methods and success of the projects in recruiting older individuals
as employees and as volunteers to participate in the projects;
`(5) in the case of projects carried out under subsection (a)(1), a description
of the success of the projects in retaining older individuals participating
in the projects as employees and as volunteers;
`(6) in the case of projects carried out under subsection (a)(1), the
rate of turnover of older individual employees and volunteers in the projects;
`(7) a strategy for disseminating the findings resulting from the projects
described in paragraph (1); and
`(8) any policy change recommendations relating to the projects.
`(h) Definitions- As used in this section:
`(1) MULTIGENERATIONAL ACTIVITY- The term `multigenerational activity'
means an activity that provides an opportunity for interaction between
2 or more individuals of different generations, including activities connecting
older individuals and youth in a child care program, a youth day care
program, an educational assistance program, an at-risk youth intervention
program, a juvenile delinquency treatment program, a before- or after-school
program, a library program, or a family support program.
`(2) MULTIGENERATIONAL COORDINATOR- The term `multigenerational coordinator'
means a person who--
`(A) builds the capacity of public and nonprofit organizations to develop
meaningful roles and assignments, that use the time, skill, and experience
of older individuals to serve those organizations; and
`(B) nurtures productive, sustainable working relationships between--
`(i) individuals from the generations with older individuals; and
`(ii) individuals in younger generations.'.
SEC. 407. NATIVE AMERICAN PROGRAMS.
Section 418(a)(2)(B)(i) of the Older Americans Act of 1965 (42 U.S.C. 3032g(a)(2)(B)(i))
is amended by inserting `(including mental health)' after `health'.
SEC. 408. MULTIDISCIPLINARY CENTERS AND MULTIDISCIPLINARY SYSTEMS.
Section 419 of the Older Americans Act of 1965 (42 U.S.C. 3032h) is amended--
(1) by striking the title and inserting the following:
`SEC. 419. MULTIDISCIPLINARY CENTERS AND MULTIDISCIPLINARY SYSTEMS.';
(2)(A) in subsection (b)(2), by redesignating subparagraphs (A) through
(G) as clauses (i) through (vii), respectively;
(B) in subsection (c)(2), by redesignating subparagraphs (A) through (D)
as clauses (i) through (iv), respectively; and
(C) by aligning the margins of the clauses described in subparagraphs
(A) and (B) with the margins of clause (iv) of section 418(a)(2)(A) of
such Act;
(3)(A) in subsection (b), by redesignating paragraphs (1) and (2) as subparagraphs
(A) and (B), respectively;
(B) in subsection (c), by redesignating paragraphs (1) and (2) as subparagraphs
(A) and (B), respectively; and
(C) by aligning the margins of the subparagraphs described in subparagraphs
(A) and (B) with the margins of subparagraph (D) of section 420(a)(1)
of such Act;
(4) in subsection (a), by striking `(a)' and all that follows through
`The' and inserting the following:
`(a) Multidisciplinary Centers-
`(1) PROGRAM AUTHORIZED- The';
(A) by striking the following:
`(b) Use of Funds- ' and inserting the following:
`(2) USE OF FUNDS- '; and
(B) by striking `subsection (a)' each place it appears and inserting
`paragraph (1)';
(A) by striking the following:
`(c) Data- ' and inserting the following:
(B) by striking `subsection (a)' and inserting `paragraph (1)';
(C) by striking `such subsection' and inserting `such paragraph';
(D) by striking `paragraph (1)' and inserting `subparagraph (A)'; and
(E) by striking `this section' and inserting `this subsection';
(7) in subsection (a) (as so redesignated)--
(A) in paragraph (1), by inserting `diverse populations of older individuals
residing in urban communities,' after `minority populations,';
(B) in paragraph (2)(B)--
(C)(i) in clause (v), by inserting `, including information about best
practices in long-term care service delivery, housing, and transportation'
before the semicolon at the end;
(I) by striking `consultation and';
(II) by inserting `and other technical assistance' after `information';
and
(III) by striking `and' at the end;
(iii) in clause (vii), by striking the period at the end and inserting
`; and'; and
(iv) by adding at the end the following:
`(viii) provide training and technical assistance to support the provision
of community-based mental health services for older individuals.';
and
(8) by adding at the end the following:
`(b) Multidisciplinary Health Services in Communities-
`(1) PROGRAM AUTHORIZED- The Assistant Secretary shall make grants to
States, on a competitive basis, for the development and operation of--
`(A) systems for the delivery of mental health screening and treatment
services for older individuals who lack access to such services; and
`(i) increase public awareness regarding the benefits of prevention
and treatment of mental disorders in older individuals;
`(ii) reduce the stigma associated with mental disorders in older
individuals and other barriers to the diagnosis and treatment of the
disorders; and
`(iii) reduce age-related prejudice and discrimination regarding mental
disorders in older individuals.
`(2) APPLICATION- To be eligible to receive a grant under this subsection
for a State, a State agency shall submit an application to the Assistant
Secretary at such time, in such manner, and containing such information
as the Assistant Secretary may require.
`(3) STATE ALLOCATION AND PRIORITIES- A State agency that receives funds
through a grant made under this subsection shall allocate the funds to
area agencies on aging to carry out this subsection in planning and service
areas in the State. In allocating the funds, the State agency shall give
priority to planning and service areas in the State--
`(A) that are medically underserved; and
`(B) in which there are large numbers of older individuals.
`(4) AREA COORDINATION OF SERVICES WITH OTHER PROVIDERS- In carrying out
this subsection, to more efficiently and effectively deliver services
to older individuals, each area agency on aging shall--
`(A) coordinate services described in subparagraphs (A) and (B) of paragraph
(1) with such services or similar or related services of other community
agencies, and voluntary organizations; and
`(B) to the greatest extent practicable, integrate outreach and educational
activities with such activities of existing (as of the date of the integration)
social service and health care (including mental health) providers serving
older individuals in the planning and service area involved.
`(5) RELATIONSHIP TO OTHER FUNDING SOURCES- Funds made available under
this subsection shall supplement, and not supplant, any Federal, State,
and local funds expended by a State or unit of general purpose local government
(including an area agency on aging) to provide the services described
in subparagraphs (A) and (B) of paragraph (1).
`(6) DEFINITION- In this subsection, the term `mental health screening
and treatment services' means patient screening, diagnostic services,
care planning and oversight, therapeutic interventions, and referrals,
that are--
`(A) provided pursuant to evidence-based intervention and treatment
protocols (to the extent such protocols are available) for mental disorders
prevalent in older individuals; and
`(B) coordinated and integrated with the services of social service
and health care (including mental health) providers in an area in order
to--
`(i) improve patient outcomes; and
`(ii) ensure, to the maximum extent feasible, the continuing independence
of older individuals who are residing in the area.'.
SEC. 409. COMMUNITY INNOVATIONS FOR AGING IN PLACE.
Part A of title IV of the Older Americans Act of 1965 (42 U.S.C. 3031 et
seq.) is amended by adding at the end the following:
`SEC. 422. COMMUNITY INNOVATIONS FOR AGING IN PLACE.
`(a) Definitions- In this section:
`(1) ELIGIBLE ENTITY- The term `eligible entity'--
`(A) means a nonprofit health or social service organization, a community-based
nonprofit organization, an area agency on aging or other local government
agency, a tribal organization, or another entity that--
`(i) the Assistant Secretary determines to be appropriate to carry
out a project under this part; and
`(ii) demonstrates a record of, and experience in, providing or administering
group and individual health and social services for older individuals;
and
`(B) does not include an entity providing housing under the congregate
housing services program carried out under section 802 of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C. 8011) or the multifamily
service coordinator program carried out under section 202(g) of the
Housing Act of 1959 (12 U.S.C. 1701q(g)).
`(2) NATURALLY OCCURRING RETIREMENT COMMUNITY- The term `Naturally Occurring
Retirement Community' means a community with a concentrated population
of older individuals, which may include a residential building, a housing
complex, an area (including a rural area) of single family residences,
or a neighborhood composed of age-integrated housing--
`(i) 40 percent of the heads of households are older individuals;
or
`(ii) a critical mass of older individuals exists, based on local
factors that, taken in total, allow an organization to achieve efficiencies
in the provision of health and social services to older individuals
living in the community; and
`(B) that is not an institutional care or assisted living setting.
`(1) IN GENERAL- The Assistant Secretary shall make grants, on a competitive
basis, to eligible entities to develop and carry out model aging in place
projects. The projects shall promote aging in place for older individuals
(including such individuals who reside in Naturally Occurring Retirement
Communities), in order to sustain the independence of older individuals.
A recipient of a grant under this subsection shall identify innovative
strategies for providing, and linking older individuals to programs and
services that provide, comprehensive and coordinated health and social
services to sustain the quality of life of older individuals and support
aging in place.
`(2) GRANT PERIODS- The Assistant Secretary shall make the grants for
periods of 3 years.
`(1) IN GENERAL- To be eligible to receive a grant under subsection (b)
for a project, an entity shall submit an application to the Assistant
Secretary at such time, in such manner, and containing such information
as the Assistant Secretary may require.
`(2) CONTENTS- The application shall include--
`(A) a detailed description of the entity's experience in providing
services to older individuals in age-integrated settings;
`(B) a definition of the contiguous service area and a description of
the project area in which the older individuals reside or carry out
activities to sustain their well-being;
`(C) the results of a needs assessment that identifies--
`(i) existing (as of the date of the assessment) community-based health
and social services available to individuals residing in the project
area;
`(ii) the strengths and gaps of such existing services in the project
area;
`(iii) the needs of older individuals who reside in the project area;
and
`(iv) services not being delivered that would promote aging in place
and contribute to the well-being of older individuals residing in
the project area;
`(D) a plan for the development and implementation of an innovative
model for service coordination and delivery within the project area;
`(E) a description of how the plan described in subparagraph (D) will
enhance existing services described in subparagraph (C)(i) and support
the goal of this section to promote aging in place;
`(F) a description of proposed actions by the entity to prevent the
duplication of services funded under a provision of this Act, other
than this section, and a description of how the entity will cooperate,
and coordinate planning and services (including any formal agreements),
with agencies and organizations that provide publicly supported services
for older individuals in the project area, including the State agency
and area agencies on aging with planning and service areas in the project
area;
`(G) an assurance that the entity will seek to establish cooperative
relationships with interested local entities, including private agencies
and businesses that provide health and social services, housing entities,
community development organizations, philanthropic organizations, foundations,
and other non-Federal entities;
`(H) a description of the entity's protocol for referral of residents
who may require long-term care services, including coordination with
local agencies, including area agencies on aging and Aging and Disability
Resource Centers that serve as single points of entry to public services;
`(I) a description of how the entity will offer opportunities for older
individuals to be involved in the governance, oversight, and operation
of the project;
`(J) an assurance that the entity will submit to the Assistant Secretary
such evaluations and reports as the Assistant Secretary may require;
and
`(K) a plan for long-term sustainability of the project.
`(1) IN GENERAL- An eligible entity that receives a grant under subsection
(b) shall use the funds made available through the grant to--
`(A) ensure access by older individuals in the project area to community-based
health and social services consisting of--
`(i) case management, case assistance, and social work services;
`(ii) health care management and health care assistance, including
disease prevention and health promotion services;
`(iii) education, socialization, and recreational activities; and
`(iv) volunteer opportunities for project participants;
`(B) conduct outreach to older individuals within the project area;
and
`(C) develop and implement innovative, comprehensive, and cost-effective
approaches for the delivery and coordination of community-based health
and social services, including those identified in subparagraph (A)(iv),
which may include mental health services, for eligible older individuals.
`(2) COORDINATION- An eligible entity receiving a grant under subsection
(b) for a project shall coordinate activities with organizations providing
services funded under title III to support such services for or facilitate
the delivery of such services to eligible older individuals served by
the project.
`(3) PREFERENCE- In carrying out an aging in place project, an eligible
entity shall, to the extent practicable, serve a community of low-income
individuals and operate or locate the project and services in or in close
proximity to a location where a large concentration of older individuals
has aged in place and resided, such as a Naturally Occurring Retirement
Community.
`(4) SUPPLEMENT NOT SUPPLANT- Funds made available to an eligible entity
under subsection (b) shall be used to supplement, not supplant, any Federal,
State, or other funds otherwise available to the entity to provide health
and social services to eligible older individuals.
`(e) Competitive Grants for Technical Assistance-
`(1) GRANTS- The Assistant Secretary shall (or shall make a grant, on
a competitive basis, to an eligible nonprofit organization, to enable
the organization to)--
`(A) provide technical assistance to recipients of grants under subsection
(b); and
`(B) carry out other duties, as determined by the Assistant Secretary.
`(2) ELIGIBLE ORGANIZATION- To be eligible to receive a grant under this
subsection, an organization shall be a nonprofit organization (including
a partnership of nonprofit organizations), that--
`(A) has experience and expertise in providing technical assistance
to a range of entities serving older individuals and experience evaluating
and reporting on programs; and
`(B) has demonstrated knowledge of and expertise in community-based
health and social services.
`(3) APPLICATION- To be eligible to receive a grant under this subsection,
an organization (including a partnership of nonprofit organizations) shall
submit an application to the Assistant Secretary at such time, in such
manner, and containing such information as the Assistant Secretary may
require, including an assurance that the organization will submit to the
Assistant Secretary such evaluations and reports as the Assistant Secretary
may require.
`(f) Report- The Assistant Secretary shall annually prepare and submit a
report to Congress that shall include--
`(1) the findings resulting from the evaluations of the model projects
conducted under this section;
`(2) a description of recommended best practices regarding carrying out
health and social service projects for older individuals aging in place;
and
`(3) recommendations for legislative or administrative action, as the
Assistant Secretary determines appropriate.'.
SEC. 410. RESPONSIBILITIES OF ASSISTANT SECRETARY.
Section 432(c)(2)(B) of the Older Americans Act of 1965 (42 U.S.C. 3033a(c)(2)(B))
is amended by inserting `, including 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.
TITLE V--OLDER AMERICAN COMMUNITY SERVICE EMPLOYMENT PROGRAM
SEC. 501. COMMUNITY SERVICE SENIOR OPPORTUNITIES ACT.
Title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.) is amended
to read as follows:
`TITLE V--COMMUNITY SERVICE SENIOR OPPORTUNITIES ACT
`SEC. 501. SHORT TITLE.
`This title may be cited as the `Community Service Senior Opportunities
Act'.
`SEC. 502. OLDER AMERICAN COMMUNITY SERVICE EMPLOYMENT PROGRAM.
`(1) ESTABLISHMENT OF PROGRAM- To foster individual economic self-sufficiency
and promote useful opportunities in community service activities (which
shall include community service employment) for unemployed low-income
persons who are age 55 or older, particularly persons who have poor employment
prospects, and to increase the number of persons who may enjoy the benefits
of unsubsidized employment in both the public and private sectors, the
Secretary of Labor (referred to in this title as the `Secretary') may
establish an older American community service employment program.
`(2) USE OF APPROPRIATED AMOUNTS- Amounts appropriated to carry out this
title shall be used only to carry out the provisions contained in this
title.
`(1) PROJECTS- To carry out this title, the Secretary may make grants
to public and nonprofit private agencies and organizations, agencies of
a State, and tribal organizations to carry out the program established
under subsection (a). Such grants may provide for the payment of costs,
as provided in subsection (c), of projects developed by such organizations
and agencies in cooperation with the Secretary in order to make such program
effective or to supplement such program. The Secretary shall make the
grants from allotments made under section 506, and in accordance with
section 514. No payment shall be made by the Secretary toward the cost
of any project established or administered by such an organization or
agency unless the Secretary determines that such project--
`(A) will provide community service employment only for eligible individuals
except for necessary technical, administrative, and supervisory personnel,
and such personnel will, to the fullest extent possible, be recruited
from among eligible individuals;
`(B)(i) will provide community service employment and other authorized
activities for eligible individuals in the community in which such individuals
reside, or in nearby communities; or
`(ii) if such project is carried out by a tribal organization that receives
a grant under this subsection or receives assistance from a State that
receives a grant under this subsection, will provide community service
employment and other authorized activities for such individuals, including
those who are Indians residing on an Indian reservation, as defined
in section 2601 of the Energy Policy Act of 1992 (25 U.S.C. 3501);
`(C) will comply with an average participation cap for eligible individuals
(in the aggregate) of--
`(ii) pursuant to the request of a grantee, an extended period of
participation established by the Secretary for a specific project
area for such grantee, up to a period of not more than 36 months,
if the Secretary determines that extenuating circumstances exist relating
to the factors identified in section 513(a)(2)(D) that justify such
an extended period for the program year involved;
`(D) will employ eligible individuals in service related to publicly
owned and operated facilities and projects, or projects sponsored by
nonprofit organizations (excluding political parties exempt from taxation
under section 501(c)(3) of the Internal Revenue Code of 1986), but excluding
projects involving the construction, operation, or maintenance of any
facility used or to be used as a place for sectarian religious instruction
or worship;
`(E) will contribute to the general welfare of the community, which
may include support for children, youth, and families;
`(F) will provide community service employment and other authorized
activities for eligible individuals;
`(G)(i) will not reduce the number of employment opportunities or vacancies
that would otherwise be available to individuals not participating in
the program;
`(ii) will not displace currently employed workers (including partial
displacement, such as a reduction in the hours of nonovertime work,
wages, or employment 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 employ or continue to employ any eligible individual
to perform the same work or substantially the same work as that performed
by any other individual who is on layoff;
`(H) will coordinate activities with training and other services provided
under title I of the Workforce Investment Act of 1998 (29 U.S.C. 2801
et seq.), including utilizing the one-stop delivery system of the local
workforce investment areas involved to recruit eligible individuals
to ensure that the maximum number of eligible individuals will have
an opportunity to participate in the project;
`(I) will include such training (such as work experience, on-the-job
training, and classroom training) as may be necessary to make the most
effective use of the skills and talents of those individuals who are
participating, and will provide for the payment of the reasonable expenses
of individuals being trained, including a reasonable subsistence allowance
equivalent to the wage described in subparagraph (J);
`(J) will ensure that safe and healthy employment conditions will be
provided, and will ensure that participants employed in community service
and other jobs assisted under this title will be paid wages that shall
not be lower than whichever is the highest of--
`(i) the minimum wage that would be applicable to such a participant
under the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.),
if section 6(a)(1) of such Act (29 U.S.C. 206(a)(1)) applied to the
participant and if the participant were not exempt under section 13
of such Act (29 U.S.C. 213);
`(ii) the State or local minimum wage for the most nearly comparable
covered employment; or
`(iii) the prevailing rates of pay for individuals employed in similar
public occupations by the same employer;
`(K) will be established or administered with the advice of persons
competent in the field of service in which community service employment
or other authorized activities are being provided, and of persons who
are knowledgeable about the needs of older individuals;
`(L) will authorize payment for necessary supportive services costs
(including transportation costs) of eligible individuals that may be
incurred in training in any project funded under this title, in accordance
with rules issued by the Secretary;
`(M) will ensure that, to the extent feasible, such project will serve
the needs of minority and Indian eligible individuals, eligible individuals
with limited English proficiency, and eligible individuals with greatest
economic need, at least in proportion to their numbers in the area served
and take into consideration their rates of poverty and unemployment;
`(N)(i) will prepare an assessment of the participants' skills and talents
and their needs for services, except to the extent such project has,
for the participant involved, recently prepared an assessment of such
skills and talents, and such needs, pursuant to another employment or
training program (such as a program under the Workforce Investment Act
of 1998 (29 U.S.C. 2801 et seq.), the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2301 et seq.), or part A of title IV
of the Social Security Act (42 U.S.C. 601 et seq.)) and will prepare
a related service strategy;
`(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 project; and
`(iii) will provide counseling to participants on their progress in
meeting such objectives and satisfying their need for supportive services;
`(O) will provide appropriate services for participants, or refer the
participants to appropriate services, through the one-stop delivery
system of the local workforce investment areas involved as established
under section 134(c) of the Workforce Investment Act of 1998 (29 U.S.C.
2864(c)), and will be involved in the planning and 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 Investment Act of 1998 (29 U.S.C.
2822(b)); and
`(ii) paragraph (14), relating to implementation of one-stop delivery
systems, of section 112(b) of the Workforce Investment Act of 1998;
and
`(R) will ensure that entities that carry out activities under the project
(including State agencies, local entities, subgrantees, and subcontractors)
and affiliates of such entities receive an amount of the administrative
cost allocation determined by the Secretary, in consultation with grantees,
to be sufficient.
`(2) REGULATIONS- The Secretary may establish, issue, and amend such regulations
as may be necessary to effectively carry out this title.
`(3) ASSESSMENT AND SERVICE STRATEGIES-
`(A) PREPARED UNDER THIS ACT- An assessment and service strategy required
by paragraph (1)(N) to be 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) PREPARED UNDER WORKFORCE INVESTMENT ACT OF 1998- An assessment
and service strategy or individual employment plan prepared under subtitle
B of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2811
et seq.) for an eligible individual may be used to comply with the requirement
specified in subparagraph (A).
`(c) Federal Share and Use of Funds-
`(1) FEDERAL SHARE- The Secretary may pay a Federal share not to exceed
90 percent of the cost of any project for which a grant is made under
subsection (b), except that the Secretary may pay all of such cost if
such project is--
`(A) an emergency or disaster project; or
`(B) a project located in an economically depressed area, as determined
by the Secretary in consultation with the Secretary of Commerce and
the Secretary of Health and Human Services.
`(2) NON-FEDERAL SHARE- The non-Federal share shall be in cash or in kind.
In determining the amount of the non-Federal share, the Secretary may
attribute fair market value to services and facilities contributed from
non-Federal sources.
`(3) USE OF FUNDS FOR ADMINISTRATIVE COSTS- Of the grant amount to be
paid under this subsection by the Secretary for a project, not to exceed
13.5 percent shall be available for any fiscal year to pay the administrative
costs of such project, except that--
`(A) the Secretary may increase the amount available to pay the administrative
costs to an amount not to exceed 15 percent of the grant amount if the
Secretary determines, based on information submitted by the grantee
under 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 costs associated with other operation requirements imposed
by the Secretary;
`(ii) the number of community service employment positions in the
project or the number of minority eligible individuals participating
in the project will decline if the amount available to pay the 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 grant amount;
the Secretary shall increase the amount available for such fiscal year
to pay the administrative costs to an amount not to exceed 15 percent
of the grant amount.
`(4) ADMINISTRATIVE COSTS- For purposes of this title, administrative
costs are the costs, both personnel-related and nonpersonnel-related and
both direct and indirect, associated with the following:
`(A) The costs of performing general administrative functions and of
providing for the coordination of functions, such as the costs of--
`(i) accounting, budgeting, and financial and cash management;
`(ii) procurement and purchasing;
`(iii) property management;
`(iv) personnel management;
`(vi) coordinating the resolution of findings arising from audits,
reviews, investigations, and incident reports;
`(viii) general legal services;
`(ix) developing systems and procedures, including information systems,
required for administrative functions;
`(x) preparing administrative reports; and
`(xi) other activities necessary for the general administration of
government funds and associated programs.
`(B) The costs of performing oversight and monitoring responsibilities
related to administrative functions.
`(C) The costs of goods and services required for administrative functions
of the project involved, including goods and services such as rental
or purchase of equipment, utilities, office supplies, postage, and rental
and maintenance of office space.
`(D) The travel costs incurred for official business in carrying out
administrative activities or overall management.
`(E) The costs of information systems related to administrative functions
(such as personnel, procurement, purchasing, property management, accounting,
and payroll systems), including the purchase, systems development, and
operating costs of such systems.
`(F) The costs of technical assistance, professional organization membership
dues, and evaluating results obtained by the project involved against
stated objectives.
`(5) NON-FEDERAL SHARE OF ADMINISTRATIVE COSTS- To the extent practicable,
an entity that carries out a project under this title shall provide for
the payment of the expenses described in paragraph (4) from non-Federal
sources.
`(6) USE OF FUNDS FOR WAGES AND BENEFITS AND PROGRAMMATIC ACTIVITY COSTS-
`(A) IN GENERAL- Amounts made available for a project under this title
that are not used to pay for the administrative costs shall be used
to pay for the costs of programmatic activities, including the costs
of--
`(i) participant wages, such benefits as are required by law (such
as workers' compensation or unemployment compensation), the costs
of physical examinations, compensation for scheduled work hours during
which an employer's business is closed for a Federal holiday, and
necessary sick leave that is not 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, health and medical services,
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) USE OF FUNDS FOR WAGES AND BENEFITS- From the funds made available
through a grant made under subsection (b), a grantee under this title--
`(i) except as provided in clause (ii), shall use not less than 75
percent of the grant funds to pay the wages, benefits, and other costs
described in subparagraph (A)(i) for eligible individuals who are
employed under projects carried out under this title; or
`(ii) that obtains approval for a request described in subparagraph
(C) may use not less than 65 percent of the grant funds to pay the
wages, benefits, and other costs described in subparagraph (A)(i).
`(C) REQUEST TO USE ADDITIONAL FUNDS FOR PROGRAMMATIC ACTIVITY COSTS-
`(i) IN GENERAL- A grantee may submit to the Secretary a request for
approval--
`(I) to use not less than 65 percent of the grant funds to pay the
wages, benefits, and other costs described in subparagraph (A)(i);
`(II) to use the percentage of grant funds described in paragraph
(3) to pay for administrative costs, as specified in that paragraph;
`(III) to use not more than 10 percent of the grant funds for individual
participants to provide activities described in clauses (ii) and
(iv) of subparagraph (A), in which case the grantee shall provide
(from the funds described in this subclause) the subsistence allowance
described in subsection (b)(1)(I) for those individual participants
who are receiving training described in that subsection from the
funds described in this subclause, but may not use the funds described
in this subclause to pay for any administrative costs; and
`(IV) to use the remaining grant funds to provide activities described
in clauses (ii) through (v) of subparagraph (A).
`(ii) CONTENTS- In submitting the request the grantee shall include
in the request--
`(I) a description of the activities for which the grantee will
spend the grant funds described in subclauses (III) and (IV) of
clause (i), consistent with those subclauses;
`(II) an explanation documenting how the provision of such activities
will improve the effectiveness of the project, including an explanation
concerning whether any displacement of eligible individuals or elimination
of positions for such individuals will occur, information on the
number of such individuals to be displaced and of such positions
to be eliminated, and an explanation concerning how the activities
will improve employment outcomes for individuals served, based on
the assessment conducted under subsection (b)(1)(N); and
`(III) a proposed budget and work plan for the activities, including
a detailed description of the funds to be spent on the activities
described in subclauses (III) and (IV) of clause (i).
`(iii) SUBMISSION- The grantee shall submit a request described in
clause (i) not later than 90 days before the proposed date of implementation
contained in the request. Not later than 30 days before the proposed
date of implementation, the Secretary shall approve, approve as modified,
or reject the request, on the basis of the information included in
the request as described in clause (ii).
`(D) REPORT- Each grantee under subsection (b) shall annually prepare
and submit to the Secretary a report documenting the grantee's use of
funds for activities described in clauses (i) through (v) of subparagraph
(A).
`(d) Project Description- Whenever a grantee conducts a project within a
planning and service area in a State, such grantee shall conduct such project
in consultation with the area agency on aging of the planning and service
area and shall submit to the State agency and the area agency on aging a
description of such project to be conducted in the State, including the
location of the project, 90 days prior to undertaking the project, for review
and public comment according to guidelines the Secretary shall issue to
assure efficient and effective coordination of projects under this title.
`(e) Pilot, Demonstration, and Evaluation Projects-
`(1) IN GENERAL- The Secretary, in addition to exercising any other authority
contained in this title, shall use funds reserved under section 506(a)(1)
to carry out demonstration projects, pilot projects, and evaluation projects,
for the purpose of developing and implementing techniques and approaches,
and demonstrating the effectiveness of the techniques and approaches,
in addressing the employment and training needs of eligible individuals.
The Secretary shall enter into such agreements with States, public agencies,
nonprofit private organizations, or private business concerns, as may
be necessary, to conduct the projects authorized by this subsection. To
the extent practicable, the Secretary shall provide an opportunity, prior
to the development of a demonstration or pilot project, for the appropriate
area agency on aging to submit comments on such a project in order to
ensure coordination of activities under this title.
`(2) PROJECTS- Such projects may include--
`(A) activities linking businesses and eligible individuals, including
activities providing assistance to participants transitioning from subsidized
activities to private sector employment;
`(B) demonstration projects and pilot projects designed to--
`(i) attract more eligible individuals into the labor force;
`(ii) improve the provision of services to eligible individuals under
one-stop delivery systems established under title I of the Workforce
Investment Act of 1998 (29 U.S.C. 2801 et seq.);
`(iii) enhance the technological skills of eligible individuals; and
`(iv) provide incentives to grantees under this title for exemplary
performance and incentives to businesses to promote their participation
in the program under this title;
`(C) demonstration projects and pilot projects, as described in subparagraph
(B), for workers who are older individuals (but targeted to eligible
individuals) only if such demonstration projects and pilot projects
are designed to assist in developing and implementing techniques and
approaches in addressing the employment and training needs of eligible
individuals;
`(D) provision of training and technical assistance to support any project
funded under this title;
`(E) dissemination of best practices relating to employment of eligible
individuals; and
`(F) evaluation of the activities authorized under this title.
`(3) CONSULTATION- To the extent practicable, entities carrying out projects
under this subsection shall consult with appropriate area agencies on
aging and with other appropriate agencies and entities to promote coordination
of activities under this title.
`SEC. 503. ADMINISTRATION.
`(1) GOVERNOR- For a State to be eligible to receive an allotment under
section 506, the Governor of the State shall submit to the Secretary for
consideration and approval, a single State plan (referred to in this title
as the `State plan') that outlines a 4-year strategy for the statewide
provision of community service employment and other authorized activities
for eligible individuals under this title. The plan shall contain such
provisions as the Secretary may require, consistent with this title, including
a description of the process used to ensure the participation of individuals
described in paragraph (2). Not less often than every 2 years, the Governor
shall review the State plan and submit an update to the State plan to
the Secretary for consideration and approval.
`(2) RECOMMENDATIONS- In developing the State plan prior to its submission
to the Secretary, the Governor shall seek the advice and recommendations
of--
`(A) individuals representing the State agency and the area agencies
on aging in the State, and the State and local workforce investment
boards established under title I of the Workforce Investment Act of
1998 (29 U.S.C. 2801 et seq.);
`(B) individuals representing public and nonprofit 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 Governor in accordance
with paragraph (1) shall be accompanied by copies of public comments relating
to the plan received pursuant to paragraph (7), and a summary of the comments.
`(4) PLAN PROVISIONS- The State plan shall identify and address--
`(A) the relationship that the number of eligible individuals in each
area bears to the total number of eligible individuals, respectively,
in the State;
`(B) the relative distribution of eligible individuals residing in rural
and urban areas in the State; and
`(C) the relative distribution of--
`(i) eligible individuals who are individuals with greatest economic
need;
`(ii) eligible individuals who are minority individuals;
`(iii) eligible individuals who are limited English proficient; and
`(iv) eligible individuals who are individuals with greatest social
need;
`(D) the current and projected employment opportunities in the State
(such as by providing information available under section 15 of the
Wagner-Peyser Act (29 U.S.C. 49l-2) by occupation), and the type of
skills possessed by local eligible individuals;
`(E) the localities and populations for which projects of the type authorized
by this title are most needed; and
`(F) plans for facilitating the coordination of activities of grantees
in the State under this title with activities carried out in the State
under title I of the Workforce Investment Act of 1998 (29 U.S.C. 2801
et seq.).
`(5) GOVERNOR'S RECOMMENDATIONS- Before a proposal for a grant under this
title for any fiscal year is submitted to the Secretary, the Governor
of the State in which projects are proposed to be conducted under such
grant shall be afforded a reasonable opportunity to submit to the Secretary--
`(A) recommendations 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 underserved
areas as vacancies occur in previously encumbered positions in other
areas; and
`(C) in the case of any increase in funding that may be available for
use in the State under this title for the fiscal year, any recommendations
for distribution of newly available positions in excess of those available
during the preceding year to underserved areas.
`(6) DISRUPTIONS- In developing a plan or considering a recommendation
under this subsection, the Governor shall avoid disruptions in the provision
of services for participants to the greatest possible extent.
`(7) DETERMINATION; REVIEW-
`(A) DETERMINATION- In order to effectively carry out this title, each
State shall make the State plan available for public comment. The Secretary,
in consultation with the Assistant Secretary, shall review the plan
and make a written determination with findings and a decision regarding
the plan.
`(B) REVIEW- The Secretary may review, on the 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 or Pacific Island and Asian Americans with funds reserved under
section 506(a)(3) may not be required to participate in the State planning
processes described in this section but shall collaborate with the Secretary
to develop a plan for projects and services to eligible individuals who
are Indians or Pacific Island and Asian Americans, respectively.
`(b) Coordination With Other Federal Programs-
`(1) IN GENERAL- 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 employment opportunities available
to older individuals.
`(A) IN GENERAL- The Secretary shall coordinate programs carried out
under this title with the program carried out under the Workforce Investment
Act of 1998 (29 U.S.C. 2801 et seq.), the Community Services Block Grant
Act (42 U.S.C. 9901 et seq.), the Rehabilitation Act of 1973 (29 U.S.C.
701 et seq.), the Carl D. Perkins Career and Technical Education Act
of 2006 (20 U.S.C. 2301 et seq.), the National and Community Service
Act of 1990 (42 U.S.C. 12501 et seq.), and the Domestic Volunteer Service
Act 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.
`(i) PROHIBITION- Funds appropriated to carry out this title may not
be used to carry out any program under the Workforce Investment Act
of 1998, the Community Services Block Grant Act, the Rehabilitation
Act of 1973, the Carl D. Perkins Career and Technical Education Act
of 2006, the National and Community Service Act of 1990, or the Domestic
Volunteer Service Act of 1973.
`(ii) JOINT ACTIVITIES- Clause (i) shall not be construed to prohibit
carrying out projects under this title jointly with programs, projects,
or activities under any Act specified in clause (i), or from carrying
out section 511.
`(3) INFORMATIONAL MATERIALS ON AGE DISCRIMINATION- The Secretary shall
distribute to grantees under this title, for distribution to program participants,
and at no cost to grantees or participants, informational materials developed
and supplied by the Equal Employment Opportunity Commission and other
appropriate Federal agencies that the Secretary determines are designed
to help participants identify age discrimination and to understand their
rights under the Age Discrimination in Employment Act of 1967 (29 U.S.C.
621 et seq.).
`(c) Use of Services, Equipment, Personnel, and Facilities- In carrying
out this title, the Secretary may use the services, equipment, personnel,
and facilities of Federal and other agencies, with their consent, with or
without reimbursement, and on a similar basis cooperate with other public
and nonprofit private agencies and organizations in the use of services,
equipment, and facilities.
`(d) Payments- Payments under this title may be made in advance or by way
of reimbursement and in such installments as the Secretary may determine.
`(e) No Delegation of Functions- The Secretary shall not delegate any function
of the Secretary under this title to any other Federal officer or entity.
`(1) MONITORING- The Secretary shall monitor projects for which grants
are made under this title to determine whether the grantees are complying
with rules and regulations issued to carry out this title (including the
statewide planning, consultation, and coordination requirements of this
title).
`(2) COMPLIANCE WITH UNIFORM COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS-
Each grantee that receives funds under this title shall comply with the
applicable uniform cost principles and appropriate administrative requirements
for grants and contracts that are applicable to the type of entity that
receives funds, as issued as circulars or rules of the Office of Management
and Budget.
`(3) REPORTS- 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) RECORDS- Each grantee described in paragraph (2) shall keep records
that--
`(A) are sufficient to permit the preparation of reports required by
this title;
`(B) are sufficient to permit the tracing of funds to a level of expenditure
adequate to ensure that the funds have not been spent unlawfully; and
`(C) contain any other information that the Secretary determines to
be appropriate.
`(g) Evaluations- The Secretary shall establish by rule and implement a
process to evaluate, in accordance with section 513, the performance of
projects carried out and services provided under this title. The Secretary
shall report to Congress, and make 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) Inapplicability of Certain Provisions Covering Federal Employees- Eligible
individuals who are participants in any project funded under this title
shall not be considered to be Federal employees as a result of such participation
and shall not be subject to part III of title 5, United States Code.
`(b) Workers' Compensation- No grant or subgrant shall be made and no contract
or subcontract shall be entered into under this title with an entity who
is, or whose employees are, under State law, exempted from operation of
the State workers' 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, subgrant, contract, or subcontract
shall enjoy workers' compensation coverage equal to that provided by law
for covered employment.
`SEC. 505. INTERAGENCY COOPERATION.
`(a) Consultation With the Assistant Secretary- The 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) Consultation With Heads of Other Agencies- The Secretary shall consult
and cooperate with the Secretary of Health and Human Services (acting through
officers including the Director of the Office of Community Services), and
the heads of other Federal agencies that carry out programs related to the
program carried out under this title, in order to achieve optimal coordination
of the program carried out under this title with such related programs.
Each head of a Federal agency shall cooperate with the Secretary in disseminating
information relating to the availability of assistance under this title
and in promoting the identification and interests of individuals eligible
for employment in projects assisted under this title.
`(1) IN GENERAL- The Secretary shall promote and coordinate efforts to
carry 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) COORDINATION WITH CERTAIN ACTIVITIES- The Secretary shall consult
with the Secretary of Education to promote and coordinate efforts to carry
out projects under this title jointly with activities in which eligible
individuals may participate that are carried out under the Carl D. Perkins
Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.).
`SEC. 506. DISTRIBUTION OF ASSISTANCE.
`(1) RESERVATION FOR PILOT DEMONSTRATION AND EVALUATION PROJECTS- Of the
funds appropriated to carry out this title for each fiscal year, the Secretary
may first reserve not more than 1.5 percent to carry out demonstration
projects, pilot projects, and evaluation projects under section 502(e).
`(2) RESERVATION FOR TERRITORIES- Of the funds appropriated to carry out
this title for each fiscal year, the Secretary shall reserve 0.75 percent,
of which--
`(A) Guam, American Samoa, and the United States Virgin Islands shall
each receive 30 percent of the funds so reserved; and
`(B) the Commonwealth of the Northern Mariana Islands shall receive
10 percent of the funds so reserved.
`(3) RESERVATION FOR ORGANIZATIONS- Of the funds 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 community
service employment and other 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 community
service employment and other authorized activities for eligible individuals
who are Pacific Island and Asian Americans.
`(b) State Allotments- The allotment for each State shall be the sum of
the amounts allotted for national grants in such State under subsection
(d) and for the grant to such State under subsection (e).
`(c) Division Between National Grants and Grants to States- The funds appropriated
to carry out this title for any fiscal year that remain after amounts are
reserved under 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 2000 LEVEL OF ACTIVITIES-
`(A) IN GENERAL- The Secretary shall reserve the amount of funds necessary
to maintain the fiscal year 2000 level of activities supported by grantees
that operate under this title under national grants from the Secretary,
and the fiscal year 2000 level of activities supported by State grantees
under this title, in proportion to their respective fiscal year 2000
levels of activities.
`(B) INSUFFICIENT APPROPRIATIONS- If in any fiscal year 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 2000 LEVEL OF ACTIVITIES-
`(A) UP TO $35,000,000- The amount of funds remaining (if any) after
the application of paragraph (1), but not to exceed $35,000,000, shall
be divided so that 75 percent shall be provided to State grantees and
25 percent shall be provided to grantees that operate under this title
under national grants from the Secretary.
`(B) OVER $35,000,000- The amount of funds remaining (if any) after
the application of subparagraph (A) shall be divided so that 50 percent
shall be provided to State grantees and 50 percent shall be provided
to grantees that operate under this title under national grants from
the Secretary.
`(d) Allotments for National Grants- From funds 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 age
55 or older in the State and the allotment percentage of such State bears
to the sum of the corresponding products for all States, except as follows:
`(1) MINIMUM ALLOTMENT- No State shall be provided an amount under this
subsection that is less than 1/2 of 1 percent of the amount provided under
subsection (c) for public and nonprofit private agency and organization
grantees that operate under this title under national grants from the
Secretary in all of the States.
`(2) HOLD HARMLESS- If such amount provided under subsection (c) is--
`(A) equal to or less than the amount necessary to maintain the fiscal
year 2000 level of activities, allotments for grantees that operate
under this title under national grants from the Secretary in each State
shall be proportional to the amount necessary to maintain their fiscal
year 2000 level of activities; or
`(B) greater than the amount necessary to maintain the fiscal year 2000
level of activities, no State shall be provided a percentage increase
above the amount necessary to maintain the fiscal year 2000 level of
activities for grantees that operate under this title under national
grants from the Secretary in the State that is less than 30 percent
of the percentage increase above the amount necessary to maintain the
fiscal year 2000 level of activities for public and private nonprofit
agency and organization grantees that operate under this title under
national grants from the Secretary in all of the States.
`(3) REDUCTION- Allotments for States not affected by paragraphs (1) and
(2)(B) shall be reduced proportionally to satisfy the conditions in such
paragraphs.
`(e) Allotments for Grants to States- From the amount provided for grants
to States under subsection (c), the Secretary shall allot for the State
grantee in each State an amount that bears the same ratio to such amount
as the product of the number of individuals age 55 or older in the State
and the allotment percentage of such State bears to the sum of the corresponding
products for all States, except as follows:
`(1) MINIMUM ALLOTMENT- No State shall be provided an amount under this
subsection that is less than 1/2 of 1 percent of the amount provided under
subsection (c) for State grantees in all of the States.
`(2) HOLD HARMLESS- If such amount provided under subsection (c) is--
`(A) equal to or less than the amount necessary to maintain the fiscal
year 2000 level of activities, allotments for State grantees in each
State shall be proportional to the amount necessary to maintain their
fiscal year 2000 level of activities; or
`(B) greater than the amount necessary to maintain the fiscal year 2000
level of activities, no State shall be provided a percentage increase
above the amount necessary to maintain the fiscal year 2000 level of
activities for State grantees in the State that is less than 30 percent
of the percentage increase above the amount necessary to maintain the
fiscal year 2000 level of activities for State grantees in all of the
States.
`(3) REDUCTION- Allotments for States not affected by paragraphs (1) and
(2)(B) shall be reduced proportionally to satisfy the conditions in such
paragraphs.
`(f) Allotment Percentage- For purposes of subsections (d) and (e) and this
subsection--
`(1) the allotment percentage of each State shall be 100 percent less
that percentage that bears the same ratio to 50 percent as the per capita
income of such State bears to the per capita income of the United States,
except that--
`(A) the allotment percentage shall be not more than 75 percent and
not less than 33 percent; and
`(B) the allotment percentage for the District of Columbia and the Commonwealth
of Puerto Rico shall be 75 percent;
`(2) the number of individuals age 55 or older in any State and in all
States, and the per capita income in any State and in all States, shall
be determined by the Secretary on the basis of the most satisfactory data
available to the Secretary; and
`(3) for the purpose of determining the allotment percentage, the term
`United States' means the 50 States, and the District of Columbia.
`(g) Definitions- In this section:
`(1) COST PER AUTHORIZED POSITION- The term `cost per authorized position'
means the sum of--
`(A) the hourly minimum wage rate specified in section 6(a)(1) of the
Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)), multiplied by
the number of hours equal to the product of 21 hours and 52 weeks;
`(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 2000 LEVEL OF ACTIVITIES- The term `fiscal year 2000
level of activities' means--
`(A) with respect to public and nonprofit private agency and organization
grantees that operate under this title under national grants from the
Secretary, their level of activities for fiscal year 2000; and
`(B) with respect to State grantees, their level of activities for fiscal
year 2000.
`(3) GRANTS TO STATES- The term `grants to States' means grants made under
this title by the Secretary to the States.
`(4) LEVEL OF ACTIVITIES- The term `level of activities' means the number
of authorized positions multiplied by the cost per authorized position.
`(5) NATIONAL GRANTS- The term `national grants' means grants made under
this title by the Secretary to public and nonprofit private agency and
organization grantees that operate under this title.
`(6) STATE- The term `State' does not include Guam, 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 502(b) from allotments
made under section 506, the Secretary shall ensure, to the extent feasible,
an equitable distribution of activities under such grants, in the aggregate,
among the States, taking into account the needs of underserved States.
`(b) Intrastate Allocation- The amount allocated for projects within each
State under section 506 shall be allocated among areas in the State in an
equitable manner, taking into consideration the State priorities set out
in the State plan in effect under section 503(a).
`SEC. 508. REPORT.
`To carry out the Secretary's responsibilities for reporting in section
503(g), the Secretary shall require the State agency for each State that
receives funds under this title to prepare and submit a report at the beginning
of each fiscal year on such State's compliance with section 507(b). Such
report shall include the names and geographic location of all projects assisted
under this title and carried out in the State and the amount allocated to
each such project under section 506.
`SEC. 509. EMPLOYMENT ASSISTANCE AND FEDERAL HOUSING AND FOOD STAMP PROGRAMS.
`Funds received by eligible individuals from projects carried out under
the program established under this title shall not be considered to be income
of such individuals for purposes of 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 (7 U.S.C. 2011 et seq.).
`SEC. 510. ELIGIBILITY FOR WORKFORCE INVESTMENT ACTIVITIES.
`Eligible individuals under this title may be considered by local workforce
investment boards and one-stop operators established under title I of the
Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.) to satisfy the
requirements for receiving services under such title I that are applicable
to adults.
`SEC. 511. COORDINATION WITH THE WORKFORCE INVESTMENT ACT OF 1998.
`(a) Partners- Grantees under this title shall be one-stop partners as described
in subparagraphs (A) and (B)(vi) of section 121(b)(1) of the Workforce Investment
Act of 1998 (29 U.S.C. 2841(b)(1)) in the one-stop delivery system established
under section 134(c) of such Act (29 U.S.C. 2864(c)) for the appropriate
local workforce investment areas, and shall carry out the responsibilities
relating to such partners.
`(b) Coordination- In local workforce investment areas where more than 1
grantee under this title provides services, the grantees shall--
`(1) coordinate their activities related to the one-stop delivery systems;
and
`(2) be signatories of the memorandum of understanding established under
section 121(c) of the Workforce Investment Act of 1998 (29 U.S.C. 2841(c)).
`SEC. 512. TREATMENT OF ASSISTANCE.
`Assistance provided under this title shall not be considered to be financial
assistance described in section 245A(h)(1)(A) of the Immigration and Nationality
Act (8 U.S.C. 1255a(h)(1)(A)).
`SEC. 513. PERFORMANCE.
`(a) Measures and Indicators-
`(1) ESTABLISHMENT AND IMPLEMENTATION OF MEASURES AND INDICATORS- The
Secretary shall establish and implement, after consultation with grantees,
subgrantees, and host agencies under this title, States, older individuals,
area agencies on aging, and other organizations serving older individuals,
core measures of performance and additional indicators of performance
for each grantee for projects and services carried out under this title.
The core measures of performance and additional indicators of performance
shall be applicable to each grantee under this title without regard to
whether such grantee operates the program directly or through subcontracts,
subgrants, or agreements with other entities.
`(A) COMPOSITION OF MEASURES AND INDICATORS-
`(i) MEASURES- The core measures of performance established by the
Secretary in accordance with paragraph (1) shall consist of core indicators
of performance specified in subsection (b)(1) and the expected levels
of performance applicable to each core indicator of performance.
`(ii) ADDITIONAL INDICATORS- The additional indicators of performance
established by the Secretary in accordance with paragraph (1) shall
be the 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 subparagraph (A)(i). The agreement shall take into account the requirement
of subparagraph (B) and the factors described in subparagraph (D), and
other appropriate factors as determined by the Secretary, and shall
be consistent with the requirements of subparagraph (E). Funds may not
be awarded under the grant until such agreement is reached. At the conclusion
of negotiations concerning the levels with all grantees, the Secretary
shall make available for public review the final negotiated expected
levels of performance for each grantee, including any comments submitted
by the grantee regarding the grantee's satisfaction with the negotiated
levels.
`(D) ADJUSTMENT- The expected levels of performance described in subparagraph
(C) applicable to a grantee shall be adjusted after the agreement under
subparagraph (C) has been reached only with respect to the following
factors:
`(i) High rates of unemployment or of poverty or participation in
the program of block grants to States for temporary assistance for
needy families established under part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.), in the areas served by a grantee,
relative to other areas of the State involved or Nation.
`(ii) Significant downturns in the areas served by the grantee or
in the national economy.
`(iii) Significant numbers or proportions of participants with 1 or
more barriers to employment, including individuals described in subsection
(a)(3)(B)(ii) or (b)(2) of section 518, served by a grantee relative
to such numbers or proportions for grantees serving other areas of
the State or Nation.
`(iv) Changes in Federal, State, or local minimum wage requirements.
`(v) Limited economies of scale for the provision of community service
employment and other authorized activities in the areas served by
the grantee.
`(i) LEVEL OF PERFORMANCE- For all grantees, the Secretary shall establish
an expected 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)(B).
`(ii) REQUIRED PLACEMENT PERCENTAGES- The minimum percentage for the
expected level of performance for the entry into unsubsidized employment
core indicator of performance described in subsection (b)(1)(B) is--
`(I) 21 percent for fiscal year 2007;
`(II) 22 percent for fiscal year 2008;
`(III) 23 percent for fiscal year 2009;
`(IV) 24 percent for fiscal year 2010; and
`(V) 25 percent for fiscal year 2011.
`(3) LIMITATION- An agreement to be evaluated on the core measures of
performance and to report information on the additional indicators of
performance shall be a requirement for application for, and a condition
of, all grants authorized by this title.
`(b) Indicators of Performance-
`(1) CORE INDICATORS- The core indicators of performance described in
subsection (a)(2)(A)(i) shall consist of--
`(A) hours (in the aggregate) of community service employment;
`(B) entry into unsubsidized employment;
`(C) retention in unsubsidized employment for 6 months;
`(E) the number of eligible individuals served, including the number
of participating individuals described in subsection (a)(3)(B)(ii) or
(b)(2) of section 518.
`(2) ADDITIONAL INDICATORS- The additional indicators of performance described
in subsection (a)(2)(A)(ii) shall consist of--
`(A) retention in unsubsidized employment for 1 year;
`(B) satisfaction of the participants, employers, and their host agencies
with their experiences and the services provided;
`(C) any other indicators of performance that the Secretary determines
to be appropriate to evaluate services and performance.
`(3) DEFINITIONS OF INDICATORS- The Secretary, after consultation with
national and State grantees, representatives of business and labor organizations,
and providers of services, shall, by regulation, issue definitions of
the indicators of performance described in paragraphs (1) and (2).
`(c) Evaluation- The Secretary shall--
`(1) annually evaluate, and publish and make available for public review
information on, the actual performance of each grantee with respect to
the levels achieved for each of the core indicators of performance, compared
to the expected levels of performance established under subsection (a)(2)(C)
(including any adjustments to such levels made in accordance with subsection
(a)(2)(D)); and
`(2) annually publish and make available for public review information
on the actual performance of each grantee with respect to the levels achieved
for each of the additional indicators of performance.
`(d) Technical Assistance and Corrective Efforts-
`(1) INITIAL DETERMINATIONS-
`(A) IN GENERAL- As soon as practicable after July 1, 2007, the Secretary
shall determine if a grantee under this title has, for program year
2006--
`(i) met the expected levels of performance established under subsection
(a)(2)(C) (including any adjustments to such levels made in accordance
with subsection (a)(2)(D)) for the core indicators of performance
described in subparagraphs (A), (C), (D), and (E) of subsection (b)(1);
and
`(ii) achieved the applicable percentage specified in subsection (a)(2)(E)(ii)
for the core indicator of performance described in subsection (b)(1)(B).
`(B) TECHNICAL ASSISTANCE- If the Secretary determines that the grantee,
for program year 2006--
`(i) failed to meet the expected levels of performance described in
subparagraph (A)(i); or
`(ii) failed to achieve the applicable percentage described in subparagraph
(A)(ii),
the Secretary shall provide technical assistance to assist the grantee
to meet the expected levels of performance and achieve the applicable
percentage.
`(A) IN GENERAL- Not later than 120 days after the end of each program
year, the Secretary shall determine if a national grantee awarded a
grant under section 502(b) in accordance with section 514 has met the
expected levels of performance established under subsection (a)(2)(C)
(including any adjustments to such levels made in accordance with subsection
(a)(2)(D)) for the core indicators of performance described in subsection
(b)(1).
`(B) TECHNICAL ASSISTANCE AND CORRECTIVE ACTION PLAN-
`(i) IN GENERAL- If the Secretary determines that a national grantee
fails to meet the expected levels of performance described in subparagraph
(A), the Secretary after each year of such failure, shall provide
technical assistance and require such grantee to submit a corrective
action plan not later than 160 days after the end of the program year.
`(ii) CONTENT- The plan submitted under clause (i) shall detail the
steps the grantee will take to meet the expected levels of performance
in the next program year.
`(iii) RECOMPETITION- Any grantee who has failed to meet the expected
levels of performance for 4 consecutive years (beginning with program
year 2007) shall not be allowed to compete in the subsequent grant
competition under section 514 following the fourth consecutive year
of failure but may compete in the next such grant competition after
that subsequent competition.
`(A) IN GENERAL- Not later than 120 days after the end of each program
year, the Secretary shall determine if a State grantee allotted funds
under section 506(e) has met the expected levels of performance established
under subsection (a)(2)(C) (including any adjustments to such levels
made in accordance with subsection (a)(2)(D)) for the core indicators
of performance described in subsection (b)(1).
`(B) TECHNICAL ASSISTANCE AND CORRECTIVE ACTION PLAN-
`(i) IN GENERAL- If the Secretary determines that a State fails to
meet the expected levels of performance described in subparagraph
(A), the Secretary, after each year of such failure, 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.
`(ii) CONTENT- The plan submitted under clause (i) shall detail the
steps the State will take to meet the expected levels of performance
in the next program year.
`(iii) COMPETITION- If the Secretary determines that the State fails
to meet the expected levels of performance described in subparagraph
(A) for 3 consecutive program years (beginning with program year 2007),
the Secretary shall provide for the conduct by the State of a competition
to award the funds allotted to the State under section 506(e) for
the first full program year following the Secretary's determination.
`(4) SPECIAL RULE FOR ESTABLISHMENT AND IMPLEMENTATION- The Secretary
shall establish and implement the core measures of performance and additional
indicators of performance described in this section, including all required
indicators described in subsection (b), not later than July 1, 2007.
`(e) Impact on Grant Competition- The Secretary may not publish a notice
announcing a grant competition under this title, and solicit proposals for
grants, until the day that is the later of--
`(1) the date on which the Secretary implements the core measures of performance
and additional indicators of performance described in this section; and
`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
under section 502(b) to eligible applicants, through a competitive process
that emphasizes meeting performance requirements, to carry out projects
under this title for a period of 4 years, except as provided in paragraph
(2). The Secretary may not conduct a grant competition under this title
until the day described in section 513(e).
`(2) CONTINUATION OF APPROVAL BASED ON PERFORMANCE- If the recipient of
a grant made under paragraph (1) meets the expected levels of performance
described in section 513(d)(2)(A) for each year of such 4-year period
with respect to a project, the Secretary may award a grant under section
502(b) to such recipient to continue such project beyond such 4-year period
for 1 additional year without regard to such process.
`(b) Eligible Applicants- An applicant shall be eligible to receive a grant
under section 502(b) in accordance with subsections (a), (c), and (d).
`(c) Criteria- For purposes of subsection (a)(1), the Secretary shall select
the eligible applicants to receive grants based on the following:
`(1) The applicant's ability to administer a project that serves the greatest
number of eligible individuals, giving particular consideration to individuals
with greatest economic need, individuals with greatest social need, and
individuals described in subsection (a)(3)(B)(ii) or (b)(2) of section
518.
`(2) The applicant's ability to administer a project that provides employment
for eligible individuals in the communities in which such individuals
reside, or in nearby communities, that will contribute to the general
welfare of the communities involved.
`(3) The applicant's ability to administer a project that moves eligible
individuals into unsubsidized employment.
`(4) The applicant's prior performance, if any, in meeting core measures
of performance and addressing additional indicators of performance under
this title and the applicant's ability to address core indicators of performance
and additional indicators of performance under this title and under other
Federal or State programs in the case of an applicant that has not previously
received a grant under this title.
`(5) The applicant's ability to move individuals with multiple barriers
to employment, including individuals described in subsection (a)(3)(B)(ii)
or (b)(2) of section 518, into unsubsidized employment.
`(6) The applicant's ability to coordinate activities with other organizations
at the State and local level.
`(7) The applicant's plan for fiscal management of the project to be administered
with funds received in accordance with this section.
`(8) The applicant's ability to administer a project that provides community
service.
`(9) The applicant's ability to minimize disruption in services for participants
and in community services provided.
`(10) Any additional criteria that the Secretary considers to be appropriate
in order to minimize disruption in services for participants.
`(d) Responsibility Tests-
`(1) IN GENERAL- Before final selection of a grantee, the Secretary shall
conduct a review of available records to assess the applicant's overall
responsibility to administer Federal funds.
`(2) REVIEW- As part of the review described in paragraph (1), the Secretary
may consider any information, including the applicant's history with regard
to the management of other grants.
`(3) FAILURE TO SATISFY TEST- The failure to satisfy a responsibility
test with respect to any 1 factor that is listed in paragraph (4), excluding
those listed in subparagraphs (A) and (B) of such paragraph, does not
establish that the applicant is not responsible unless such failure is
substantial or persists for 2 or more consecutive years.
`(4) TEST- The responsibility tests include review of the following factors:
`(A) Unsuccessful efforts by the applicant to recover debts, after 3
demand letters have been sent, that are established by final agency
action, or a failure to comply with an approved repayment plan.
`(B) Established fraud or criminal activity of a significant nature
within the organization or agency involved.
`(C) Serious administrative deficiencies identified by the Secretary,
such as failure to maintain a financial management system as required
by Federal rules or regulations.
`(D) Willful obstruction of the audit process.
`(E) Failure to provide services to participants for a current or recent
grant or to meet applicable core measures of performance or address
applicable indicators of performance.
`(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 the closeout
package, whichever is later, unless an extension has been requested
and granted.
`(H) Failure to submit required reports.
`(I) Failure to properly report and dispose of 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.
`(N) Failure to establish a mechanism to resolve a subrecipient's audit
in a timely fashion.
`(5) DETERMINATION- Applicants that are determined to be not responsible
shall not be selected as grantees.
`(6) DISALLOWED COSTS- Interest on disallowed costs shall accrue in accordance
with the Debt Collection Improvement Act of 1996, including the amendments
made by that Act.
`(e) Grantees Serving Individuals With Barriers to Employment-
`(1) DEFINITION- In this subsection, the term `individuals with barriers
to employment' means minority individuals, Indian individuals, individuals
with greatest economic need, and individuals described in subsection (a)(3)(B)(ii)
or (b)(2) of section 518.
`(2) SPECIAL CONSIDERATION- In areas where a substantial population of
individuals with barriers to employment exists, a grantee that receives
a national grant in accordance with this section shall, in selecting subgrantees,
give special consideration to organizations (including former recipients
of such national grants) with demonstrated expertise in serving individuals
with barriers to employment.
`(f) Minority-Serving Grantees- The Secretary may not promulgate rules or
regulations affecting grantees in areas where a substantial population of
minority individuals exists, that would significantly compromise the ability
of the grantees to serve their targeted population of minority older individuals.
`SEC. 515. REPORT ON SERVICE TO MINORITY INDIVIDUALS.
`(a) In General- The Secretary shall annually prepare a report on the levels
of participation and performance outcomes of minority individuals served
by the program carried out under this title.
`(1) ORGANIZATION AND DATA- Such report shall present information on the
levels of participation and the outcomes achieved by such minority individuals
with respect to each grantee under this title, by service area, and in
the aggregate, beginning with data that applies to program year 2005.
`(2) EFFORTS- The report shall also include a description of each grantee's
efforts to serve minority individuals, based on information submitted
to the Secretary by each grantee at such time and in such manner as the
Secretary determines to be appropriate.
`(3) RELATED MATTERS- The report shall also include--
`(A) an assessment of individual grantees based on the criteria established
under subsection (c);
`(B) an analysis of whether any changes in grantees have affected participation
rates of such minority individuals;
`(C) information on factors affecting participation rates among such
minority individuals; and
`(D) recommendations for increasing participation of minority individuals
in the program.
`(c) Criteria- The Secretary shall establish criteria for determining the
effectiveness of grantees in serving minority individuals in accordance
with the goals set forth in section 502(a)(1).
`(d) Submission- The Secretary shall annually submit such a report to the
appropriate committees of Congress.
`SEC. 516. SENSE OF CONGRESS.
`It is the sense of Congress that--
`(1) the older American community service employment program described
in this title was established with the intent of placing older individuals
in community service positions and providing job training; and
`(2) placing older individuals in community service positions strengthens
the ability of the individuals to become self-sufficient, provides much-needed
support to organizations that benefit from increased civic engagement,
and strengthens the communities that are served by such organizations.
`SEC. 517. AUTHORIZATION OF APPROPRIATIONS.
`(a) In General- There are authorized to be appropriated to carry out this
title such sums as may be necessary for fiscal years 2007, 2008, 2009, 2010,
and 2011.
`(b) Obligation- Amounts appropriated under this section for any fiscal
year shall be available for obligation during the annual period that begins
on July 1 of the calendar year immediately following the beginning of such
fiscal year and that ends on June 30 of the following calendar year. The
Secretary may extend the period during which such amounts may be obligated
or expended in the case of a particular organization or agency that receives
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) Recapturing Funds- At the end of the program year, the Secretary may
recapture any unexpended funds for the program year, and reobligate such
funds within the 2 succeeding program years for--
`(1) incentive grants to entities that are State grantees or national
grantees under section 502(b);
`(2) technical assistance; or
`(3) grants or contracts for any other activity under this title.
`SEC. 518. DEFINITIONS AND RULE.
`(a) Definitions- For purposes of this title:
`(1) COMMUNITY SERVICE- The term `community service' means--
`(A) social, health, welfare, and educational services (including literacy
tutoring), legal and other counseling services and assistance, including
tax counseling and assistance and financial counseling, and library,
recreational, and other similar services;
`(B) conservation, maintenance, or restoration of natural resources;
`(C) community betterment or beautification;
`(D) antipollution and environmental quality efforts;
`(E) weatherization activities;
`(F) economic development; and
`(G) such other services essential and necessary to the community as
the Secretary determines by rule to be appropriate.
`(2) COMMUNITY SERVICE EMPLOYMENT- The term `community service employment'
means part-time, temporary employment paid with grant funds in projects
described in section 502(b)(1)(D), through which eligible individuals
are engaged in community service and receive work experience and job skills
that can lead to unsubsidized employment.
`(3) ELIGIBLE INDIVIDUAL-
`(A) IN GENERAL- The term `eligible individual' means an individual
who is age 55 or older and who has a low income (including any such
individual whose income is not more than 125 percent of the poverty
line), excluding any income that is unemployment compensation, a benefit
received under title XVI of the Social Security Act (42 U.S.C. 1381
et seq.), a payment made to or on behalf of veterans or former members
of the Armed Forces under the laws administered by the Secretary of
Veterans Affairs, or 25 percent of a benefit received under title II
of the Social Security Act (42 U.S.C. 401 et seq.), subject to subsection
(b).
`(i) EXCLUSION- Notwithstanding any other provision of this paragraph,
the term `eligible individual' does not include an individual who
has participated in projects under this title for a period of 48 months
in the aggregate (whether or not consecutive) after July 1, 2007,
unless the period was increased as described in clause (ii).
`(ii) INCREASED PERIODS OF PARTICIPATION- The Secretary shall authorize
a grantee for a project to increase the period of participation described
in clause (i), pursuant to a request submitted by the grantee, for
individuals who--
`(I) have a severe disability;
`(II) are frail or are age 75 or older;
`(III) meet the eligibility requirements related to age for, but
do not receive, benefits under title II of the Social Security Act
(42 U.S.C. 401 et seq.);
`(IV) live in an area with persistent unemployment and are individuals
with severely limited employment prospects; or
`(V) have limited English proficiency or low literacy skills.
`(4) INCOME- In this section, the term `income' means income received
during the 12-month period (or, at the option of the grantee involved,
the annualized income for the 6-month period) ending on the date an eligible
individual submits an application to participate in a project carried
out under this title by such grantee.
`(5) PACIFIC ISLAND AND ASIAN AMERICANS- The term `Pacific Island and
Asian Americans' means Americans having origins in any of the original
peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the
Pacific Islands.
`(6) PROGRAM- The term `program' means the older American community service
employment program established under this title.
`(7) SUPPORTIVE SERVICES- The term `supportive services' means services,
such as transportation, child care, dependent care, housing, and needs-related
payments, that are necessary to enable an individual to participate in
activities authorized under this title, consistent with the provisions
of this title.
`(8) UNEMPLOYED- The term `unemployed', used with respect to a person
or individual, means an individual who is without a job and who wants
and is available for work, including an individual who may have occasional
employment that does not result in a constant source of income.
`(b) Rule- Pursuant to regulations prescribed by the Secretary, an eligible
individual shall have priority for the community service employment and
other authorized activities provided under this title if the individual--
`(1) is 65 years of age or older; or
`(2)(A) has a disability;
`(B) has limited English proficiency or low literacy skills;
`(C) resides in a rural area;
`(E) has low employment prospects;
`(F) has failed to find employment after utilizing services provided under
title I of the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.);
or
`(G) is homeless or at risk for homelessness.'.
SEC. 502. EFFECTIVE DATE.
(a) In General- Title V of the Older Americans Act of 1965 (as amended by
section 501) takes effect July 1, 2007.
(b) Regulations and Expected Levels of Performance-
(1) REGULATIONS- Effective on the date of enactment of this Act, the Secretary
of Labor may issue rules and regulations authorized in such title V.
(2) EXPECTED LEVELS OF PERFORMANCE- Prior to July 1, 2007, the Secretary
of Labor may carry out the activities authorized in section 513(a)(2)
of the Older Americans Act of 1965 (as so amended), in preparation for
program year 2007.
TITLE VI--NATIVE AMERICANS
SEC. 601. CLARIFICATION OF MAINTENANCE REQUIREMENT.
(a) In General- Section 614A of the Older Americans Act of 1965 (42 U.S.C.
3057e-1) is amended by adding at the end the following:
`(1) DEFINITION- In this subsection, the term `covered year' means fiscal
year 2006 or a subsequent fiscal year.
`(2) CONSORTIA OF TRIBAL ORGANIZATIONS- If a tribal organization received
a grant under this part for fiscal year 1991 as part of a consortium,
the Assistant Secretary shall consider the tribal organization to have
received a grant under this part for fiscal year 1991 for purposes of
subsections (a) and (b), and shall apply the provisions of subsections
(a) and (b)(1) (under the conditions described in subsection (b)) to the
tribal organization for each covered year for which the tribal organization
submits an application under this part, even if the tribal organization
submits--
`(A) a separate application from the remaining members of the consortium;
or
`(B) an application as 1 of the remaining members of the consortium.'.
(b) Effective Date- The amendment made by subsection (a) shall apply to
grants awarded under part A of title VI of the Older Americans Act of 1965
(42 U.S.C. 3057b et seq.) during the grant period beginning April 1, 2008,
and all subsequent grant periods.
SEC. 602. NATIVE AMERICANS CAREGIVER SUPPORT PROGRAM.
Section 643 of the Older Americans Act of 1965 (42 U.S.C. 3057n) is amended--
(1) in paragraph (1), by striking `2001' and inserting `2007'; and
(2) in paragraph (2), by striking `$5,000,000' and all that follows through
the period at the end and inserting `$6,500,000 for fiscal year 2007,
$6,800,000 for fiscal year 2008, $7,200,000 for fiscal year 2009, $7,500,000
for fiscal year 2010, and $7,900,000 for fiscal year 2011.'.
TITLE VII--ALLOTMENTS FOR VULNERABLE ELDER RIGHTS PROTECTION ACTIVITIES
SEC. 701. VULNERABLE ELDER RIGHTS PROTECTION ACTIVITIES.
Section 702 of the Older Americans Act of 1965 (42 U.S.C. 3058a) is amended
by striking `2001' each place it appears and inserting `2007'.
SEC. 702. ELDER ABUSE, NEGLECT, AND EXPLOITATION.
Section 721 of the Older Americans Act of 1965 (42 U.S.C. 3058i) is amended--
(1) in subsection (a), by striking `programs for the prevention of' and
inserting `programs to address';
(A) in the matter preceding paragraph (1), by striking `programs for'
and all that follows through `including--' and inserting the following:
`programs for the prevention, detection, assessment, and treatment of,
intervention in, investigation of, and response to elder abuse, neglect,
and exploitation (including financial exploitation), including--';
(B) by redesignating paragraphs (2) through (8) as paragraphs (3) through
(9), respectively;
(C) by inserting after paragraph (1) the following:
`(2) providing for public education and outreach to promote financial
literacy and prevent identity theft and financial exploitation of older
individuals;';
(D) in paragraph (8), as redesignated by subparagraph (B), by striking
`and' at the end;
(E) in paragraph (9), as redesignated by subparagraph (B), by striking
the period and inserting a semicolon; and
(F) by adding at the end the following:
`(10) examining various types of shelters serving older individuals (in
this paragraph referred to as `safe havens'), and testing various safe
haven models for establishing safe havens (at home or elsewhere), that
recognize autonomy and self-determination, and fully protect the due process
rights of older individuals;
`(11) supporting multidisciplinary elder justice activities, such as--
`(A) supporting and studying team approaches for bringing a coordinated
multidisciplinary or interdisciplinary response to elder abuse, neglect,
and exploitation, including a response from individuals in social service,
health care, public safety, and legal disciplines;
`(B) establishing a State coordinating council, which shall identify
the individual State's needs and provide the Assistant Secretary with
information and recommendations relating to efforts by the State to
combat elder abuse, neglect, and exploitation;
`(C) providing training, technical assistance, and other methods of
support to groups carrying out multidisciplinary efforts at the State
(referred to in some States as `State Working Groups');
`(D) broadening and studying various models for elder fatality and serious
injury review teams, to make recommendations about their composition,
protocols, functions, timing, roles, and responsibilities, with a goal
of producing models and information that will allow for replication
based on the needs of States and communities (other than the ones in
which the review teams were used); and
`(E) developing best practices, for use in long-term care facilities,
that reduce the risk of elder abuse for residents, including the risk
of resident-to-resident abuse; and
`(12) addressing underserved populations of older individuals, such as--
`(A) older individuals living in rural locations;
`(B) older individuals in minority populations; or
`(C) low-income older individuals.';
(3) in subsection (e)(2)--
(A) by striking `subsection (b)(8)(B)(i)' and inserting `subsection
(b)(9)(B)(i)'; and
(B) by striking `subsection (b)(8)(B)(ii)' and inserting `subsection
(b)(9)(B)(ii)'; and
(4) by adding at the end of the section the following:
`(h) Accountability Measures- The Assistant Secretary shall develop accountability
measures to ensure the effectiveness of the activities carried out under
this section.
`(i) Evaluating Programs- The Assistant Secretary shall evaluate the activities
carried out under this section, using funds made available under section
206(g).
`(j) Compliance With Applicable Laws- In order to receive funds made available
to carry out this section, an entity shall comply with all applicable laws,
regulations, and guidelines.'.
SEC. 703. NATIVE AMERICAN ORGANIZATION PROVISIONS.
Section 751 of the Older Americans Act of 1965 (42 U.S.C. 3058aa) is amended--
(A) in paragraph (1), by striking `and' at the end;
(B) in paragraph (2), by striking the period and inserting `; and';
and
(C) by adding at the end the following:
`(3) enabling the eligible entities to support multidisciplinary elder
justice activities, such as--
`(A) establishing a coordinating council, which shall identify the needs
of an individual Indian tribe or other Native American group and provide
the Assistant Secretary with information and recommendations relating
to efforts by the Indian tribe or the governing entity of the Native
American group to combat elder abuse, neglect, and exploitation;
`(B) providing training, technical assistance, and other methods of
support to groups carrying out multidisciplinary efforts for an Indian
tribe or other Native American group; and
`(C) broadening and studying various models for elder fatality and serious
injury review teams, to make recommendations about their composition,
protocols, functions, timing, roles, and responsibilities, with a goal
of producing models and information that will allow for replication
based on the needs of Indian tribes and other Native American groups
(other than the ones in which the review teams were used).';
(2) in subsection (b), by striking `this subtitle' and inserting `this
section'; and
(A) by striking `this section' and inserting `this subtitle'; and
(B) by striking `2001' and inserting `2007'.
SEC. 704. ELDER JUSTICE PROGRAMS.
Subtitle B of title VII of the Older Americans Act of 1965 (42 U.S.C. 3058aa)
is amended--
(1) by striking the subtitle heading and inserting the following:
`Subtitle B--Native American Organization and Elder Justice Provisions';
(2) by inserting after section 751 the following:
`SEC. 752. GRANTS TO PROMOTE COMPREHENSIVE STATE ELDER JUSTICE SYSTEMS.
`(a) Purpose and Authority- For each fiscal year, the Assistant Secretary
may make grants to States, on a competitive basis, in accordance with this
section, to promote the development and implementation, within each such
State, of a comprehensive elder justice system, as defined in subsection
(b).
`(b) Comprehensive Elder Justice System Defined- In this section, the term
`comprehensive elder justice system' means an integrated, multidisciplinary,
and collaborative system for preventing, detecting, and addressing elder
abuse, neglect, and exploitation in a manner that--
`(1) provides for widespread, convenient public access to the range of
available elder justice information, programs, and services;
`(2) coordinates the efforts of public health, social service, and law
enforcement authorities, as well as other appropriate public and private
entities, to identify and diminish duplication and gaps in the system;
`(3) provides a uniform method for the standardization, collection, management,
analysis, and reporting of data; and
`(4) provides such other elements as the Assistant Secretary determines
appropriate.
`(c) Applications- To be eligible to receive a grant under this section
for a fiscal year, a State shall submit an application to the Assistant
Secretary, at such time, in such manner, and containing such information
and assurances as the Assistant Secretary determines appropriate.
`(d) Amount of Grants- The amount of a grant to a State with an application
approved under this section for a fiscal year shall be such amount as the
Assistant Secretary determines appropriate.
`(1) IN GENERAL- A State that receives a grant under this section shall
use funds made available through such grant to promote the development
and implementation of a comprehensive elder justice system by--
`(A) establishing formal working relationships among public and private
providers of elder justice programs, service providers, and stakeholders
in order to create a unified elder justice network across such State
to coordinate programmatic efforts;
`(B) facilitating and supporting the development of a management information
system and standard data elements;
`(C) providing for appropriate education (including educating the public
about the range of available elder justice information, programs, and
services), training, and technical assistance; and
`(D) taking such other steps as the Assistant Secretary determines appropriate.
`(2) MAINTENANCE OF EFFORT- Funds made available to States pursuant to
this section shall be used to supplement and not supplant other Federal,
State, and local funds expended to support activities described in paragraph
(1).'.
SEC. 705. RULE OF CONSTRUCTION.
Subtitle C of title VII of the Older Americans Act of 1965 (42 U.S.C. 3058bb
et seq.) is amended by adding at the end the following:
`SEC. 765. RULE OF CONSTRUCTION.
`Nothing in this title shall be construed to interfere with or abridge the
right of an older individual to practice the individual's religion through
reliance on prayer alone for healing, in a case in which a decision to so
practice the religion--
`(1) is contemporaneously expressed by the older individual--
`(A) either orally or in writing;
`(B) with respect to a specific illness or injury that the older individual
has at the time of the decision; and
`(C) when the older individual is competent to make the decision;
`(2) is set forth prior to the occurrence of the illness or injury in
a living will, health care proxy, or other advance directive document
that is validly executed and applied under State law; or
`(3) may be unambiguously deduced from the older individual's life history.'.
TITLE VIII--FEDERAL YOUTH DEVELOPMENT COUNCIL
SEC. 801. SHORT TITLE.
This title may be cited as the `Tom Osborne Federal Youth Coordination Act'.
SEC. 802. ESTABLISHMENT AND MEMBERSHIP.
(a) Establishment- There is established the Federal Youth Development Council
(in this title referred to as the `Council').
(1) FEDERAL EMPLOYEE MEMBERS- The members of the Council shall include
the Attorney General, the Secretary of Agriculture, the Secretary of Labor,
the Secretary of Health and Human Services, the Secretary of Housing and
Urban Development, the Secretary of Education, the Secretary of the Interior,
the Secretary of Commerce, the Secretary of Defense, the Director of National
Drug Control Policy, and the Chief Executive Officer of the Corporation
for National and Community Service, or a designee of each such individual
who holds significant decision-making authority, and other Federal officials
as directed by the President.
(A) IN GENERAL- The members of the Council shall include any additional
members as the President shall appoint from among representatives of
community-based organizations, including faith-based organizations,
child and youth focused foundations, institutions of higher education,
non-profit organizations, youth service providers, State and local government,
and youth in disadvantaged situations.
(B) CONSULTATION- In making the appointments under this paragraph, the
President, as determined appropriate by the President, shall consult
with--
(i) the Speaker of the House of Representatives, who shall take into
account the recommendations of the majority leader and the minority
leader of the House of Representatives; and
(ii) the president pro tempore of the Senate, who shall take into
account the recommendations of the majority leader and the minority
leader of the Senate.
(3) LENGTH OF TERM- Each member of the Council shall serve for the life
of the Council.
(c) Compensation and Travel Expenses-
(1) NO COMPENSATION FOR SERVICE ON COUNCIL- Each member of the Council
appointed under section 802 who is not an officer or employee of the United
States shall not receive pay by reason of the member's service on the
Council, and shall not be considered an employee of the Federal Government
by reason of such service. Each member of the Council who is an officer
or employee of the United States shall serve without compensation in addition
to that received for the member's service as an officer or employee of
the United States.
(2) TRAVEL AND TRANSPORTATION EXPENSES- Each member of the Council may
be allowed travel or transportation expenses in accordance with section
5703 of title 5, United States Code, while away from the member's home
or regular place of business in the performance of services for the Council.
(d) Chairperson- The Chairperson of the Council shall be the Secretary of
Health and Human Services.
(e) Meetings- The Council shall meet at the call of the Chairperson, not
less frequently than 4 times each year. The first meeting shall be not less
than 4 months after the date of enactment of this Act.
SEC. 803. DUTIES OF THE COUNCIL.
(a) In General- The duties of the Council shall be to provide advice and
recommendations, including--
(1) ensuring communication among agencies administering programs designed
to serve youth, especially those in disadvantaged situations;
(2) assessing the needs of youth, especially those in disadvantaged situations,
and those who work with youth, and the quantity and quality of Federal
programs offering services, supports, and opportunities to help youth
in their educational, social, emotional, physical, vocational, and civic
development, in coordination with the Federal Interagency Forum on Child
and Family Statistics;
(3) recommending quantifiable goals and objectives for such programs;
(4) making recommendations for the allocation of resources in support
of such goals and objectives;
(5) identifying possible areas of overlap or duplication in the purpose
and operation of programs serving youth and recommending ways to better
facilitate the coordination and consultation among, and improve the efficiency
and effectiveness of, such programs;
(6) identifying target populations of youth who are disproportionately
at risk and assisting agencies in focusing additional resources on such
youth;
(7) developing a plan, including common indicators of youth well-being
that are consistent with the indicators tracked by the Federal Interagency
Forum on Child and Family Statistics, and assisting Federal agencies,
at the request of 1 or more such agencies, in coordinating to achieve
the goals and objectives described in paragraph (3);
(8) assisting Federal agencies, at the request of 1 or more such agencies,
in collaborating on--
(A) model programs and demonstration projects focusing on special populations,
including youth in foster care and migrant youth;
(B) projects to promote parental involvement; and
(C) projects that work to involve young people in service programs;
(9) soliciting and documenting ongoing input and recommendations from--
(A) youth, especially youth in disadvantaged situations;
(B) national youth development experts, researchers, parents, community-based
organizations, including faith-based organizations, foundations, business
leaders, youth service providers, and teachers; and
(C) State and local government agencies, particularly agencies serving
children and youth; and
(10) working with Federal agencies--
(A) to promote high-quality research and evaluation, identify and replicate
model programs and promising practices, and provide technical assistance
relating to the needs of youth; and
(B) to coordinate the collection and dissemination of youth services-related
data and research.
(b) Technical Assistance- The Council may provide technical assistance to
a State at the request of a State to support a State-funded council for
coordinating State youth efforts.
SEC. 804. COORDINATION WITH EXISTING INTERAGENCY COORDINATION ENTITIES.
In carrying out the duties described in section 803, the Council shall coordinate
the efforts of the Council with other Federal, State, and local coordinating
entities in order to complement and not duplicate efforts, including the
following:
(1) Coordinating with the Federal Interagency Forum on Child and Family
Statistics, established under Executive Order 13045 (42 U.S.C. 4321 note;
relating to protection of children from environmental health risks and
safety risks), on matters pertaining to data collection.
(2) Coordinating with the United States Interagency Council on Homelessness,
established under section 201 of the McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11311), on matters pertaining to homelessness.
(3) Coordinating with the Coordinating Council on Juvenile Justice and
Delinquency Prevention, established under section 206 of the Juvenile
Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5616), on matters
pertaining to programs for at-risk youth.
SEC. 805. ASSISTANCE OF STAFF.
(a) Designation of Individual- The Chairperson is authorized to designate
an individual to have responsibility for assisting in carrying out the duties
of the Council under this title.
(b) Staff of Federal Agencies- Upon request of the Council, the head of
any Federal department or agency may detail, on a reimbursable or nonreimbursable
basis, any of the personnel of the department or agency to the Council to
assist in carrying out the Council's duties under this title.
SEC. 806. POWERS OF THE COUNCIL.
(a) Mails- The Council may use the United States mails in the same manner
and under the same conditions as other departments and agencies of the United
States.
(b) Administrative Support Services- Upon the request of the Council, the
Administrator of General Services shall provide to the Council, on a reimbursable
basis, the administrative support services necessary for the Council to
carry out its responsibilities under this title.
SEC. 807. REPORT.
(a) Interim Report- Not later than 1 year after the first meeting of the
Council, the Council shall transmit to the relevant committees of Congress
an interim report of the findings of the Council.
(b) Final Report- Not later than 2 years after the first meeting of the
Council, the Council shall transmit to the relevant committees of Congress
a final report of the Council's findings and recommendations, which report
shall--
(1) include a comprehensive list of recent research and statistical reporting
by various Federal agencies on the overall well-being of youth;
(2) include the assessment of the needs of youth and those who serve youth;
(3) include a summary of the plan described in section 803(a)(7);
(4) recommend ways to coordinate and improve Federal training and technical
assistance, information sharing, and communication among the various Federal
programs and agencies serving youth, as the Chairperson determines appropriate;
(5) include recommendations to better integrate and coordinate policies
across agencies at the Federal, State, and local levels, including any
recommendations the Chairperson determines appropriate, if any, for legislation
and administrative actions;
(6) include a summary of actions the Council has taken at the request
of Federal agencies to facilitate collaboration and coordination on youth
serving programs and the results of those collaborations, if available;
(7) include a summary of the action the Council has taken at the request
of States to provide technical assistance under section 803(b), if applicable;
and
(8) include a summary of the input and recommendations from the groups
identified in section 803(a)(9).
SEC. 808. TERMINATION.
The Council shall terminate 60 days after transmitting the final report
under section 807(b).
SEC. 809. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this title $1,000,000
for each of the fiscal years 2007 and 2008.
TITLE IX--CONFORMING AMENDMENTS
SEC. 901. CONFORMING AMENDMENTS TO OTHER ACTS.
(a) Older Americans Act Amendments of 1987- Section 205(1) of the Older
Americans Act Amendments of 1987 (42 U.S.C. 3001 note) is amended by striking
`section 102(17) of the Older Americans Act of 1965 (42 U.S.C. 3002(17))'
and inserting `section 102 of the Older Americans Act of 1965 (42 U.S.C.
3002)'.
(b) Energy Conservation and Production Act- Section 412(6) of the Energy
Conservation and Production Act (42 U.S.C. 6862(6)) is amended by striking
`paragraphs (4), (5), and (6), respectively, of section 102' and inserting
`section 102'.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
END
