[109th Congress Public Law 365]
[From the U.S. Government Printing Office]
[DOCID: f:publ365.109]
[[Page 2521]]
OLDER AMERICANS ACT
AMENDMENTS OF 2006
[[Page 120 STAT. 2522]]
Public Law 109-365
109th Congress
An Act
To amend the Older Americans Act of 1965 to authorize appropriations for
fiscal years 2007 through 2011, and for other purposes. <<NOTE: Oct. 17,
2006 - [H.R. 6197]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Older Americans
Act Amendments of 2006.>>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This <<NOTE: 42 USC 3001 note.>> 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
Sec. 101. Definitions.
TITLE II--ADMINISTRATION ON AGING
Sec. 201. Elder abuse prevention and services.
Sec. 202. Functions of the Assistant Secretary.
Sec. 203. Federal agency consultation.
Sec. 204. Administration.
Sec. 205. Evaluation.
Sec. 206. Reports.
Sec. 207. Contracting and grant authority; private pay relationships;
appropriate use of funds.
Sec. 208. Nutrition education.
Sec. 209. Pension counseling and information programs.
Sec. 210. Authorization of appropriations.
TITLE III--GRANTS FOR STATE AND COMMUNITY PROGRAMS ON AGING
Sec. 301. Purpose; administration.
Sec. 302. Definitions.
Sec. 303. Authorization of appropriations; uses of funds.
Sec. 304. Allotments.
Sec. 305. Organization.
Sec. 306. Area plans.
Sec. 307. State plans.
Sec. 308. Payments.
Sec. 309. Nutrition services incentive program.
Sec. 310. Consumer contributions.
Sec. 311. Supportive services and senior centers.
Sec. 312. Nutrition service.
Sec. 313. Congregate nutrition program.
Sec. 314. Home delivered nutrition services.
Sec. 315. Criteria.
Sec. 316. Nutrition.
Sec. 317. Study of nutrition projects.
Sec. 318. Sense of Congress recognizing the contribution of nutrition to
the health of older adults.
Sec. 319. Improving indoor air quality in buildings where older
individuals congregate.
Sec. 320. Caregiver support program definitions.
[[Page 120 STAT. 2523]]
Sec. 321. Caregiver support program.
Sec. 322. National innovation.
TITLE IV--ACTIVITIES FOR HEALTH, INDEPENDENCE, AND LONGEVITY
Sec. 401. Title.
Sec. 402. Grant programs.
Sec. 403. Career preparation for the field of aging.
Sec. 404. Health care service demonstration projects in rural areas.
Sec. 405. Technical assistance and innovation to improve transportation
for older individuals.
Sec. 406. Demonstration, support, and research projects for
multigenerational 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. 801. Short title.
Sec. 802. Establishment and membership.
Sec. 803. Duties of the Council.
Sec. 804. Coordination with existing interagency coordination entities.
Sec. 805. Assistance of staff.
Sec. 806. Powers of the Council.
Sec. 807. Report.
Sec. 808. Termination.
Sec. 809. Authorization of appropriations.
TITLE IX--CONFORMING AMENDMENTS
Sec. 901. Conforming amendments to other Acts.
TITLE I--GENERAL PROVISION
SEC. 101. DEFINITIONS.
(a) In General.--Section 102 of the Older Americans Act of 1965 (42
U.S.C. 3002) is amended--
(1) by striking paragraph (10) and inserting the following:
``(10)(A) The term `assistive device' includes an assistive
technology device.
``(B) The terms `assistive technology', `assistive
technology device', and `assistive technology service' have the
meanings given such terms in section 3 of the Assistive
Technology Act of 1998 (29 U.S.C. 3002).'';
(2) by striking paragraph (12)(D) and inserting the
following:
``(D) evidence-based health promotion programs,
including programs related to the prevention and
mitigation of the effects of chronic disease (including
osteoporosis,
[[Page 120 STAT. 2524]]
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
``(B) self-neglect.''; and
(7) by adding at the end the following:
``(44) The term `Aging and Disability Resource Center' means
an entity established by a State as part of the State system of
long-term care, to provide a coordinated system for providing--
``(A) comprehensive information on the full range of
available public and private long-term care programs,
options, service providers, and resources within a
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
[[Page 120 STAT. 2525]]
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;
[[Page 120 STAT. 2526]]
``(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
[[Page 120 STAT. 2527]]
``(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) <<NOTE: Government organization.>> 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;
[[Page 120 STAT. 2528]]
``(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--
(1) in subsection (a)--
(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
[[Page 120 STAT. 2529]]
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) <<NOTE: Grants. Contracts. Establishment.>> 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) <<NOTE: Website.>> 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;'';
(D) in paragraph (26)--
(i) in subsection (D)--
(I) by striking ``gaps in''; and
(II) by inserting ``(including
services that would permit such
individuals to receive long-term care in
home and community-based settings)''
after ``individuals''; and
(ii) in subsection (E), by striking ``and'' at
the end;
(E) in paragraph (27)--
(i) in subparagraph (B), by adding ``and'' at
the end; and
(ii) by striking subparagraph (D); and
(F) by adding at the end the following:
``(28) make available to States, area agencies on aging, and
service providers information and technical assistance to
[[Page 120 STAT. 2530]]
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-
[[Page 120 STAT. 2531]]
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) <<NOTE: Establishment.>> 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) <<NOTE: Grants. Contracts.>> 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--
[[Page 120 STAT. 2532]]
``(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'';
(2) in subsection (b)--
(A) in paragraph (17), by striking ``and'' at the
end;
(B) in paragraph (18), by striking the period and
inserting ``, and''; and
(C) by adding at the end the following:
``(19) sections 4 and 5 of the Assistive Technology Act of
1998 (29 U.S.C. 3003, 3004).''; and
(3) by adding at the end the following:
``(c)(1) The Secretary, in collaboration with the Federal officials
specified in paragraph (2), <<NOTE: Establishment.>> shall establish an
Interagency Coordinating Committee on Aging (referred to in this
subsection as the
[[Page 120 STAT. 2533]]
`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;
[[Page 120 STAT. 2534]]
``(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) <<NOTE: Deadline. Reports.>> 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.''.
[[Page 120 STAT. 2535]]
SEC. 204. ADMINISTRATION.
Section 205 of the Older Americans Act of 1965 (42 U.S.C. 3016) is
amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (C), by adding ``and'' at
the end;
(ii) in subparagraph (D), by striking ``;
and'' and inserting a period; and
(iii) by striking subparagraph (E); and
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) by amending clause (i) to read
as follows:
``(i) designing, implementing, and evaluating evidence-based
programs to support improved nutrition and regular physical
activity for older individuals;'';
(II) by amending clause (iii) to
read as follows:
``(iii) conducting outreach and disseminating evidence-based
information to nutrition service providers about the benefits of
healthful diets and regular physical activity, including
information about the most current Dietary Guidelines for
Americans published under section 301 of the National 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 <<NOTE: Grants. Contracts.>> 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--
[[Page 120 STAT. 2536]]
(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
[[Page 120 STAT. 2537]]
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 <<NOTE: Procedures.>> 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
``(2) include--
``(A) nutrition education;
``(B) physical activity; and
``(C) other activities to modify behavior and to
improve health literacy, including providing information
on optimal nutrient intake, through nutrition education
and nutrition assessment and counseling, in accordance
with section 339(2)(J).''.
SEC. 209. PENSION COUNSELING AND INFORMATION PROGRAMS.
Section 215 of the Older Americans Act of 1965 (42 U.S.C. 3020e-1)
is amended--
(1) in subsection (e)(1)(J), by striking ``and low income
retirees'' and inserting ``, low-income retirees, and older
individuals with limited English proficiency'';
[[Page 120 STAT. 2538]]
(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
[[Page 120 STAT. 2539]]
(2) in subsection (e)--
(A) in paragraph (1) by striking ``$125,000,000''
and all that follows and inserting ``$160,000,000 for
fiscal year 2007.'';
(B) in paragraph (2), by striking ``such sums'' and
all that follows and inserting ``$166,500,000 for fiscal
year 2008, $173,000,000 for fiscal year 2009,
$180,000,000 for fiscal year 2010, and $187,000,000 for
fiscal year 2011.''; and
(C) in paragraph (3)--
(i) by striking ``(2)--'' and all that follows
through ``1 percent'' and inserting ``(2), not
more than 1 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;
(2) in paragraph (2)--
(A) in subparagraph (E), by striking ``, with
particular attention to low-income minority individuals
and older individuals residing in rural areas'' and
inserting ``(with particular attention to low-income
older individuals, including low-income minority older
individuals, older individuals with limited English
proficiency, and older individuals residing in rural
areas)''; and
[[Page 120 STAT. 2540]]
(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--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``(with particular attention
to low-income minority individuals and older
individuals residing in rural areas)'' and
inserting ``(with particular attention to low-
income older individuals, including
[[Page 120 STAT. 2541]]
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)'';
(C) in paragraph (4)--
(i) in subparagraph (A)--
(I) by amending clause (i) to read
as follows:
``(i)(I) provide assurances that the area agency on aging
will--
``(aa) set specific objectives, consistent with
State policy, for providing services to older
individuals with greatest economic need, older
individuals with greatest social need, and older
individuals at risk for institutional placement;
``(bb) include specific objectives for providing
services to low-income minority older individuals, older
individuals with limited English proficiency, and older
individuals residing in rural areas; and
``(II) include proposed methods to achieve the objectives
described in items (aa) and (bb) of subclause (I);''; and
(II) in clause (ii), by inserting
``, older 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
(II) in clause (i)--
(aa) in subclause (V), by
striking ``with limited English-
speaking ability; and'' and
inserting ``with limited English
proficiency;'';
(bb) in subclause (VI), by
striking ``or related'' and
inserting ``and related''; and
(cc) by adding at the end
the following:
``(VII) older individuals at risk for
institutional placement; and'';
[[Page 120 STAT. 2542]]
(D) in paragraph (5), by inserting ``and individuals
at risk for institutional placement'' after ``severe
disabilities'';
(E) in paragraph (6)--
(i) in subparagraph (C)--
(I) in clause (i), by striking
``and'' at the end;
(II) in clause (ii), by adding
``and'' at the end; and
(III) by inserting after clause (ii)
the following:
``(iii) make use of trained volunteers in providing
direct services delivered to older individuals and
individuals with disabilities needing such services and,
if possible, work in coordination with organizations
that have experience in providing training, placement,
and stipends for 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;
[[Page 120 STAT. 2543]]
``(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
[[Page 120 STAT. 2544]]
``(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;
``(B) land use;
``(C) housing;
``(D) transportation;
``(E) public safety;
``(F) workforce and economic development;
``(G) recreation;
``(H) education;
``(I) civic engagement;
``(J) emergency preparedness; and
``(K) any other service as determined by such agency.''.
SEC. 307. STATE PLANS.
Section 307(a) of the Older Americans Act of 1965 (42 U.S.C.
3027(a)) is amended--
(1) in paragraph (2)(C), by striking ``section 306(b)'' and
inserting ``section 306(c)'';
(2) in paragraph (4), by striking ``, with particular
attention to low-income minority individuals and older
individuals residing in rural areas'' and inserting ``(with
particular 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
[[Page 120 STAT. 2545]]
(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) <<NOTE: Grants. Contracts.>> State agencies that elect to make
grants and enter into contracts for purposes of this section shall
promptly and equitably disburse amounts received under this subsection
to the recipients of the grants and contracts.'';
(2) in subsection (c)--
(A) in paragraph (1), by inserting ``(including
bonus commodities)'' after ``commodities'';
(B) in paragraph (2), by inserting ``(including
bonus commodities)'' after ``commodities'';
[[Page 120 STAT. 2546]]
(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, <<NOTE: Commodities.>> in consultation with
the Assistant Secretary, is authorized to prescribe the terms and
conditions respecting the provision of commodities under this
subsection.'';
(3) in subsection (d), to read as follows:
``(d)(1) Amounts provided under subsection (b) shall be available
only for the purchase, by State agencies, recipients of grants and
contracts from the State agencies (as applicable), and title VI
grantees, of United States agricultural commodities and other foods for
their respective nutrition projects, subject to paragraph (2).
``(2) An entity specified in paragraph (1) may, at the option of
such entity, use part or all of the amounts received by the entity under
subsection (b) to pay a school food authority (within the meaning of the
Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.))
to obtain United States agricultural commodities for such entity's
nutrition projects, in accordance with an agreement between the entity
and the school food authority, under which such payments--
``(A) shall cover the cost of such commodities; and
``(B) may cover related expenses incurred by the school food
authority, including the cost of transporting, distributing,
processing, storing, and handling such commodities.'';
(4) in subsection (e), by striking ``2001'' and inserting
``2007''; and
(5) in subsection (f)--
(A) in the matter preceding paragraph (1), by
striking ``the Secretary of Agriculture and the
Secretary of Health and Human Services'' and inserting
``the Assistant 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--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``provided that'' and
inserting ``if''; and
(ii) by adding at the end the following:
``Such 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
[[Page 120 STAT. 2547]]
(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'';
(4) in paragraph (21)--
(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. <<NOTE: 42 USC 3030d-21.>> PURPOSES.
``The purposes of this part are--
``(1) to reduce hunger and food insecurity;
``(2) to promote socialization of older individuals; and
[[Page 120 STAT. 2548]]
``(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. <<NOTE: Grants.>> 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
(2) in paragraph (2)--
[[Page 120 STAT. 2549]]
(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.
(a) Study.--
(1) In general.--The <<NOTE: Contracts.>> 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
[[Page 120 STAT. 2550]]
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.
(b) Reports.--
(1) Report to the assistant secretary.--The panel described
in subsection (a)(1) shall submit to the Assistant Secretary a
report containing the results of the evidence-based study
described in subsection (a), including any 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;
[[Page 120 STAT. 2551]]
(3) use of a single, daily multivitamin-mineral supplement
can be a safe and inexpensive strategy to help ensure the
nutritional health of older adults; and
(4) nutrition service providers under the Older Americans
Act of 1965 should consider whether individuals participating in
congregate and home-delivered meal programs would benefit from a
single, daily multivitamin-mineral supplement that is in
compliance with all applicable government quality standards and
provides at least \2/3\ of the essential vitamins and minerals
at 100 percent of the daily value levels as determined by the
Commissioner of Food and Drugs.
SEC. 319. IMPROVING INDOOR AIR QUALITY IN BUILDINGS WHERE OLDER
INDIVIDUALS CONGREGATE.
Section 361 of the Older Americans Act of 1965 (42 U.S.C. 3030m) is
amended by adding at the end the following:
``(c) The Assistant Secretary shall work in consultation with
qualified experts to provide information on methods of improving indoor
air quality in buildings where older individuals congregate.''.
SEC. 320. CAREGIVER SUPPORT PROGRAM DEFINITIONS.
Section 372 of the National Family Caregiver Support Act (42 U.S.C.
3030s) is amended--
(1) in paragraph (1), by inserting ``or who is an individual
with a disability'' after ``age'';
(2) in paragraph (3)--
(A) by striking ``a child by blood or marriage'' and
inserting ``a child by blood, marriage, or adoption'';
and
(B) by striking ``60'' and inserting ``55'';
(3) by inserting before ``In this subpart'' the following:
``(a) In General.--'';
(4) by striking paragraph (2);
(5) by redesignating paragraph (3) as paragraph (2);
(6) by adding at the end the following:
``(b) Rule.--In providing services under this subpart--
``(1) for family caregivers who provide care for individuals
with Alzheimer's disease and related disorders with 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;'';
(2) in subsection (c)--
(A) in paragraph (1)(B), by striking ``subparagraph
(A)(i) or (B) of section 102(28)'' and inserting
``subparagraph (A)(i) or (B) of section 102(22)''; and
(B) by striking paragraph (2) and inserting the
following:
[[Page 120 STAT. 2552]]
``(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 <<NOTE: 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. <<NOTE: 42 USC 3030s-11, 3030s-12.>> NATIONAL INNOVATION.
Subpart 2 of part E of title III of the Older Americans Act of 1965
(42 U.S.C. 3030s-11 et seq.) is repealed.
TITLE IV--ACTIVITIES FOR HEALTH, INDEPENDENCE, AND LONGEVITY
SEC. 401. TITLE.
The Older Americans Act of 1965 is amended by inserting before
section 401 (42 U.S.C. 3031) the following:
``TITLE IV--ACTIVITIES FOR HEALTH, INDEPENDENCE, AND LONGEVITY''.
SEC. 402. GRANT PROGRAMS.
Section 411 of the Older Americans Act of 1965 (42 U.S.C. 3032) is
amended--
(1) in subsection (a)--
(A) in paragraph (8), by striking ``and'' at the
end;
(B) by redesignating paragraph (9) as paragraph
(13); and
(C) by inserting after paragraph (8) the following:
[[Page 120 STAT. 2553]]
``(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 <<NOTE: Minorities.>> 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,''.
[[Page 120 STAT. 2554]]
SEC. 405. TECHNICAL ASSISTANCE AND INNOVATION TO IMPROVE TRANSPORTATION
FOR OLDER INDIVIDUALS.
Section 416 of the Older Americans Act of 1965 (42 U.S.C. 3032e) is
amended to read as follows:
``SEC. 416. TECHNICAL ASSISTANCE AND INNOVATION TO IMPROVE
TRANSPORTATION FOR OLDER INDIVIDUALS.
``(a) In General.--The Secretary may award grants or contracts to
nonprofit organizations to improve transportation services for older
individuals.
``(b) Use of Funds.--
``(1) In general.--A nonprofit organization receiving a
grant or contract under subsection (a) shall use the funds
received through such grant or contract to carry out a
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.''.
[[Page 120 STAT. 2555]]
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
[[Page 120 STAT. 2556]]
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:
[[Page 120 STAT. 2557]]
``(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'';
(5) in subsection (b)--
(A) by striking the following:
``(b) Use of Funds.--'' and inserting the following:
``(2) Use of funds.--''; and
(B) by striking ``subsection (a)'' each place it
appears and inserting ``paragraph (1)'';
[[Page 120 STAT. 2558]]
(6) in subsection (c)--
(A) by striking the following:
``(c) Data.--'' and inserting the following:
``(3) Data.--'';
(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;
(ii) in clause (vi)--
(I) by striking ``consultation and'';
(II) by inserting ``and other technical
assistance'' after ``information''; and
(III) by striking ``and'' at the end;
(iii) in clause (vii), by striking the period at the
end and inserting ``; and''; and
(iv) by adding at the end the following:
``(viii) provide training and technical
assistance to support the provision of community-
based mental health services for older
individuals.''; and
(8) by adding at the end the following:
``(b) Multidisciplinary Health Services in Communities.--
``(1) Program authorized.--The <<NOTE: Grants.>> 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
``(B) programs to--
``(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
[[Page 120 STAT. 2559]]
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. <<NOTE: 42 USC 3032k.>> 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
[[Page 120 STAT. 2560]]
``(B) does not include an entity providing housing
under the congregate housing services program carried
out under section 802 of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 8011) or the
multifamily service coordinator program carried out
under section 202(g) of the Housing Act of 1959 (12
U.S.C. 1701q(g)).
``(2) Naturally occurring retirement community.--The term
`Naturally Occurring Retirement Community' means a community
with a concentrated population of older individuals, which may
include a residential building, a housing complex, an area
(including a rural area) of single family residences, or a
neighborhood composed of age-integrated housing--
``(A) where--
``(i) 40 percent of the heads of households
are older individuals; or
``(ii) a critical mass of older individuals
exists, based on local factors that, taken in
total, allow an organization to achieve
efficiencies in the provision of health and social
services to older individuals living in the
community; and
``(B) that is not an institutional care or assisted
living setting.
``(b) Grants.--
``(1) In general.--The Assistant Secretary shall make
grants, on a competitive basis, to eligible entities to develop
and carry out model aging in place projects. The projects shall
promote aging in place for older individuals (including such
individuals who reside in Naturally Occurring Retirement
Communities), in order to sustain the independence of older
individuals. A recipient of a grant under this subsection shall
identify innovative strategies for providing, and linking older
individuals to programs and services that provide, 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.
``(c) Applications.--
``(1) In general.--To be eligible to receive a grant under
subsection (b) for a project, an entity shall submit an
application to the Assistant Secretary at such time, in such
manner, and containing such information as the Assistant
Secretary may require.
``(2) Contents.--The application shall include--
``(A) a detailed description of the entity's
experience in providing services to older individuals in
age-integrated settings;
``(B) a definition of the contiguous service area
and a description of the project area in which the older
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;
[[Page 120 STAT. 2561]]
``(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.
``(d) Use of Funds.--
``(1) In general.--An eligible entity that receives a grant
under subsection (b) shall use the funds made available through
the grant to--
``(A) ensure access by older individuals in the
project area to community-based health and social
services 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
[[Page 120 STAT. 2562]]
``(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.''.
[[Page 120 STAT. 2563]]
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 <<NOTE: Community Service Senior Opportunities
Act.>> SERVICE SENIOR OPPORTUNITIES ACT
``SEC. 501. <<NOTE: 42 USC 3001 note.>> SHORT TITLE.
``This title may be cited as the `Community Service Senior
Opportunities Act'.
``SEC. 502. <<NOTE: 42 USC 3056.>> OLDER AMERICAN COMMUNITY SERVICE
EMPLOYMENT PROGRAM.
``(a) In General.--
``(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.
``(b) Grant Authority.--
``(1) Projects.--To carry out this title, the Secretary may
make grants to public and nonprofit private agencies and
organizations, agencies of a State, and tribal organizations to
carry out the program established under subsection (a). Such
grants may provide for the payment of costs, as provided in
subsection (c), of projects developed by such organizations and
agencies in cooperation with the Secretary in order to make such
program effective or to supplement such program. The Secretary
shall make the grants from allotments made under section 506,
and in accordance with section 514. No payment shall be made by
the Secretary toward the cost of any project established or
administered by such an organization or agency unless the
Secretary determines that such project--
[[Page 120 STAT. 2564]]
``(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--
``(i) 27 months; or
``(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
[[Page 120 STAT. 2565]]
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;
[[Page 120 STAT. 2566]]
``(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
[[Page 120 STAT. 2567]]
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
[[Page 120 STAT. 2568]]
nonpersonnel-related and both direct and indirect, associated
with the following:
``(A) The costs of performing general administrative
functions and of providing for the coordination of
functions, such as the costs of--
``(i) accounting, budgeting, and financial and
cash management;
``(ii) procurement and purchasing;
``(iii) property management;
``(iv) personnel management;
``(v) payroll functions;
``(vi) coordinating the resolution of findings
arising from audits, reviews, investigations, and
incident reports;
``(vii) audits;
``(viii) general legal services;
``(ix) developing systems and procedures,
including information systems, required for
administrative 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
[[Page 120 STAT. 2569]]
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
[[Page 120 STAT. 2570]]
``(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 <<NOTE: Deadlines.>> 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 <<NOTE: Deadline.>> 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 <<NOTE: Contracts.>> Secretary shall enter into such
agreements with States, public agencies, nonprofit private
[[Page 120 STAT. 2571]]
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. <<NOTE: 42 USC 3056a.>> ADMINISTRATION.
``(a) State Plan.--
``(1) Governor.--For a State to be eligible to receive an
allotment under section 506, the Governor of the State shall
submit to the Secretary for consideration and approval, a single
State plan (referred to in this title as the `State plan') that
outlines a 4-year strategy for the statewide provision of
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
[[Page 120 STAT. 2572]]
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--
[[Page 120 STAT. 2573]]
``(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 <<NOTE: Public
comment.>> 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. <<NOTE: Public comment.>> 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.
``(2) Programs.--
``(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
[[Page 120 STAT. 2574]]
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.
``(B) Use of funds.--
``(i) Prohibition.--Funds appropriated to
carry out this title may not be used to carry out
any program under the Workforce Investment Act of
1998, the Community Services Block Grant Act, the
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.
``(f) Compliance.--
``(1) Monitoring.--The Secretary shall monitor projects for
which grants are made under this title to determine whether the
grantees are complying with rules and regulations issued to
carry out this title (including the statewide planning,
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.
[[Page 120 STAT. 2575]]
``(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 <<NOTE: Regulations.>> 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 <<NOTE: Reports. Public
information.>> 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. <<NOTE: 42 USC 3056b.>> 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. <<NOTE: 42 USC 3056c.>> 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.
``(c) Coordination.--
``(1) In general.--The Secretary shall promote and
coordinate efforts to carry out projects under this title
jointly with
[[Page 120 STAT. 2576]]
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. <<NOTE: 42 USC 3056d.>> DISTRIBUTION OF ASSISTANCE.
``(a) Reservations.--
``(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.
[[Page 120 STAT. 2577]]
``(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.
[[Page 120 STAT. 2578]]
``(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;
[[Page 120 STAT. 2579]]
``(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. <<NOTE: Grants. 42 USC 3056e.>> 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. <<NOTE: 42 USC 3056f.>> 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. <<NOTE: 42 USC 3056g.>> 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.).
[[Page 120 STAT. 2580]]
``SEC. 510. <<NOTE: 42 USC 3056h.>> 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. <<NOTE: 42 USC 3056i.>> 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. <<NOTE: 42 USC 3056j.>> 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. <<NOTE: 42 USC 3056k.>> 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.
``(2) Content.--
``(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).
[[Page 120 STAT. 2581]]
``(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. <<NOTE: Public
information.>> 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.
``(E) Placement.--
``(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;
[[Page 120 STAT. 2582]]
``(III) 23 percent for fiscal year
2009;
``(IV) 24 percent for fiscal year
2010; and
``(V) 25 percent for fiscal year
2011.
``(3) Limitation.--An agreement to be evaluated on the core
measures of performance and to report information on the
additional indicators of performance shall be a requirement for
application for, and a condition of, all grants authorized by
this title.
``(b) Indicators of Performance.--
``(1) Core indicators.--The core indicators of performance
described in subsection (a)(2)(A)(i) shall consist of--
``(A) hours (in the aggregate) of community service
employment;
``(B) entry into unsubsidized employment;
``(C) retention in unsubsidized employment for 6
months;
``(D) earnings; and
``(E) the number of eligible individuals served,
including the number of participating individuals
described in subsection (a)(3)(B)(ii) or (b)(2) of
section 518.
``(2) Additional indicators.--The additional indicators of
performance described in subsection (a)(2)(A)(ii) shall consist
of--
``(A) retention in unsubsidized employment for 1
year;
``(B) satisfaction of the participants, employers,
and their host agencies with their experiences and the
services provided;
``(C) any other indicators of performance that the
Secretary determines to be appropriate to evaluate
services and performance.
``(3) Definitions of indicators.--
The <<NOTE: Regulations.>> 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 <<NOTE: Publication. Public
information.>> 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) <<NOTE: Deadlines.>> 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
[[Page 120 STAT. 2583]]
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.
``(2) National grantees.--
``(A) In general.--Not later than 120 days after the
end of each program year, the Secretary shall determine
if a national grantee awarded a grant under section
502(b) in accordance with section 514 has met the
expected levels of performance established under
subsection (a)(2)(C) (including any adjustments to such
levels made in 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.
``(3) State grantees.--
``(A) In general.--Not later than 120 days after the
end of each program year, the Secretary shall determine
if a State grantee allotted funds under section 506(e)
has met the expected levels of performance established
under subsection (a)(2)(C) (including any adjustments to
such levels made in accordance with subsection
(a)(2)(D)) for the core indicators of performance
described in subsection (b)(1).
``(B) Technical assistance and corrective action
plan.--
``(i) In general.--If the Secretary determines
that a State fails to meet the expected levels of
performance
[[Page 120 STAT. 2584]]
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 <<NOTE: Notices.>> 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
``(2) January 1, 2010.
``SEC. 514. <<NOTE: 42 USC 3056l.>> COMPETITIVE REQUIREMENTS RELATING TO
GRANT AWARDS.
``(a) Program Authorized.--
``(1) Initial approval of grant applications.--From the
funds available for national grants under section 506(d), the
Secretary shall award grants under section 502(b) to eligible
applicants, through a competitive process that emphasizes
meeting performance requirements, to carry out projects under
this title for a period of 4 years, except as provided in
paragraph (2). The Secretary may not conduct a grant competition
under this title until the day described in section 513(e).
``(2) Continuation of approval based on 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:
[[Page 120 STAT. 2585]]
``(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.
[[Page 120 STAT. 2586]]
``(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
[[Page 120 STAT. 2587]]
significantly compromise the ability of the grantees to serve their
targeted population of minority older individuals.
``SEC. 515. <<NOTE: 42 USC 3056m.>> REPORT ON SERVICE TO MINORITY
INDIVIDUALS.
``(a) In General.--The Secretary shall annually prepare a report on
the levels of participation and performance outcomes of minority
individuals served by the program carried out under this title.
``(b) Contents.--
``(1) Organization and data.--Such report shall present
information on the levels of participation and the outcomes
achieved by such minority individuals with respect to each
grantee under this title, by service area, and in the aggregate,
beginning with data that applies to program year 2005.
``(2) Efforts.--The report shall also include a description
of each grantee's efforts to serve minority individuals, based
on information submitted to the Secretary by each grantee at
such time and in such manner as the Secretary determines to be
appropriate.
``(3) Related matters.--The report shall also include--
``(A) an assessment of individual grantees based on
the criteria established under subsection (c);
``(B) an analysis of whether any changes in grantees
have affected participation rates of such minority
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. <<NOTE: 42 USC 3056n.>> 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. <<NOTE: 42 USC 3056o.>> 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
[[Page 120 STAT. 2588]]
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. <<NOTE: 42 USC 3056p.>> 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).
``(B) Participation.--
``(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
[[Page 120 STAT. 2589]]
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;
``(D) is a veteran;
``(E) has low employment prospects;
``(F) has failed to find employment after utilizing services
provided under title I of the Workforce Investment Act of 1998
(29 U.S.C. 2801 et seq.); or
``(G) is homeless or at risk for homelessness.''.
[[Page 120 STAT. 2590]]
SEC. 502. <<NOTE: 42 USC 3056 note.>> EFFECTIVE DATE.
(a) In General.--Title V of the Older Americans Act of 1965 (as
amended by section 501) takes effect July 1, 2007.
(b) Regulations and Expected Levels of Performance.--
(1) Regulations.--Effective on the date of enactment of this
Act, the Secretary of Labor may issue rules and regulations
authorized in such title V.
(2) Expected levels of performance.--Prior to July 1, 2007,
the Secretary of Labor may carry out the activities authorized
in section 513(a)(2) of the Older Americans Act of 1965 (as so
amended), in preparation for program year 2007.
TITLE VI--NATIVE AMERICANS
SEC. 601. CLARIFICATION OF MAINTENANCE REQUIREMENT.
(a) In General.--Section 614A of the Older Americans Act of 1965 (42
U.S.C. 3057e-1) is amended by adding at the end the following:
``(c) Clarification.--
``(1) Definition.--In this subsection, the term `covered
year' means fiscal year 2006 or a subsequent fiscal year.
``(2) Consortia of tribal organizations.--If a tribal
organization received a grant under this part for fiscal year
1991 as part of a consortium, the Assistant Secretary shall
consider the tribal organization to have received a grant under
this part for fiscal year 1991 for purposes of subsections (a)
and (b), and shall apply the provisions of subsections (a) and
(b)(1) (under the conditions described in subsection (b)) to the
tribal organization for each covered year for which the tribal
organization submits an application under this part, even if the
tribal organization submits--
``(A) a separate application from the remaining
members of the consortium; or
``(B) an application as 1 of the remaining members
of the consortium.''.
(b) Effective Date.--The <<NOTE: 42 USC 3057e-1 note.>> 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.''.
[[Page 120 STAT. 2591]]
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'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``programs for'' and all that follows through
``including--'' and inserting the following: ``programs
for the prevention, detection, assessment, and treatment
of, intervention in, investigation of, and response to
elder abuse, neglect, and exploitation (including
financial 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');
[[Page 120 STAT. 2592]]
``(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--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``and'' at the
end;
(B) in paragraph (2), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(3) enabling the eligible entities to support
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
[[Page 120 STAT. 2593]]
on the needs of Indian tribes and other Native American
groups (other than the ones in which the review teams
were used).'';
(2) in subsection (b), by striking ``this subtitle'' and
inserting ``this section''; and
(3) in subsection (d)--
(A) by striking ``this section'' and inserting
``this 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'';
and
(2) by inserting after section 751 the following:
``SEC. 752. <<NOTE: 42 USC 3058aa-1.>> 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.
``(e) Use of Funds.--
[[Page 120 STAT. 2594]]
``(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. <<NOTE: 42 USC 3058ff.>> 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 <<NOTE: Tom Osborne Federal Youth Coordination
Act.>> YOUTH DEVELOPMENT COUNCIL
SEC. 801. SHORT TITLE.
This title may be cited as the ``Tom Osborne Federal Youth
Coordination Act''.
[[Page 120 STAT. 2595]]
SEC. 802. ESTABLISHMENT AND MEMBERSHIP.
(a) Establishment.--There is established the Federal Youth
Development Council (in this title referred to as the ``Council'').
(b) Members <<NOTE: President.>> and Terms.--
(1) Federal employee members.--The members of the Council
shall include the Attorney General, the Secretary of
Agriculture, the Secretary of Labor, the Secretary of Health and
Human Services, the Secretary of Housing and Urban Development,
the Secretary of Education, the Secretary of the Interior, the
Secretary of Commerce, the Secretary of Defense, the Director of
National Drug Control Policy, and the Chief Executive Officer of
the Corporation for National and Community Service, or a
designee of each such individual who holds significant decision-
making authority, and other Federal officials as directed by the
President.
(2) Additional members.--
(A) In general.--The members of the Council shall
include any additional members as the President shall
appoint from among representatives of community-based
organizations, including faith-based organizations,
child and youth focused foundations, institutions of
higher 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.
[[Page 120 STAT. 2596]]
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.
[[Page 120 STAT. 2597]]
(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;
[[Page 120 STAT. 2598]]
(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)''.
[[Page 120 STAT. 2599]]
(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''.
Approved October 17, 2006.
LEGISLATIVE HISTORY--H.R. 6197:
---------------------------------------------------------------------------
CONGRESSIONAL RECORD, Vol. 152 (2006):
Sept. 28, considered and passed House.
Sept. 29, considered and passed Senate.
<all>