Older Americans Act Amendments of 2006

Older Americans Act Amendments of 2006 - Title I: General Provision - (Sec. 101) Reauthorizes the Older Americans Act of 1965.

Revises the definition of "information and assistance service" to include such a service for older individuals at risk for institutional placement. Defines the term "elder justice" to mean effort to prevent, detect, treat, intervene in, and respond to elder abuse, neglect, and exploitation and to protect elders with diminished capacity while maximizing their autonomy.

Title II: Administration on Aging - (Sec. 201) Authorizes the Assistant Secretary for Aging to designate within the Administration on Aging responsibility for elder abuse prevention and services. Assigns to the Assistant Secretary the duty of developing objectives, priorities, policy, and a plan for: (1) facilitating the implementation of an elder justice system in the United States; (2) supporting states' efforts in carrying out elder justice programs; (3) establishing federal guidelines and disseminating best practices for uniform data collection and reporting by states; (4) collecting and disseminating data relating to the abuse, neglect, and exploitation of older individuals (abuse); (5) establishing an information clearinghouse; (6) researching such abuse; (7) providing technical assistance to states and other entities; (8) conducting a study concerning the degree of abuse; and (9) promoting collaborative efforts and diminishing duplicative efforts in elder justice programs in all levels of government.

Authorizes the Assistant Secretary to designate an officer to be responsible for the administration of mental health services authorized under this Act. Establishes the duty of the Assistant Secretary to develop objectives, priorities, and a long-term plan for supporting state and local efforts involving education, prevention, detection, and treatment of mental disorders, including age-related dementia, depression, and Alzheimer's disease and related neurological disorders.

(Sec. 202) Adds as functions of the Administration on Aging: (1) providing assistance in the establishment and implementation of assistive technology services programs for older individuals; (2) coordinating activities with the Centers for Medicare and Medicaid Services and other federal entities to implement and build awareness of programs for older individuals; (3) evaluating programs related to this Act's objectives; (4) providing technical assistance to states, area agencies on aging, and service providers in informing older individuals with greatest economic need of the eligibility requirements for supplemental security income benefits, medical assistance, and benefits under the Food Stamp Act of 1977; (5) making grants to entities to establish a National Center on Senior Benefits Outreach and Enrollment; (6) designing and implementing procedures for collecting information about services needed by older individuals, including services that would permit such individuals to receive long-term care in home and community-based settings; and (7) providing information and technical assistance to states, area agencies on aging, and service providers to support the effort to make available evidence-based disease prevention and health promotion services.

Authorizes the Administration on Aging to establish a National Center on Senior Benefits Outreach and Enrollment that shall: (1) maintain and update web-based decision support and enrollment tools and integrated, person-centered systems to inform older individuals about the full range of benefits for which they may be eligible; (2) utilize cost-effective strategies to find and enroll those with greatest economic need; (3) create and support efforts for Aging and Disability Resource Centers and other organizations and coalitions to serve as enrollment benefit centers; (4) develop and maintain an information clearinghouse on best practices and cost-effective methods for identifying and enrolling individuals with greatest economic need in benefits; and (5) provide training and technical assistance on effective outreach, screening, enrollment and follow-up strategies.

Requires the Assistant Secretary to: (1) coordinate with other federal agencies responsible for formulating and implementing programs, benefits, and services related to providing long-term care; (2) conduct research and demonstration projects to identify strategies for modifying state long-term care systems to respond to the needs of older individuals and family caregivers and to target services to individuals at risk for institutional placement; (3) establish criteria and promote the implementation 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; (4) facilitate, in coordination with the Administrator of the Centers for Medicare and Medicaid Services and other federal entities, the provision of long-term care in home and community-based settings, including self-directed care models to help individuals avoid unnecessary institutional placement and depletion of income and assets to qualify for Medicaid eligibility and to assist older individuals to develop a plan for long-term support; (5) provide for the Administration on Aging to play a lead role with respect to issues concerning home and community-based long-term care; (6) promote public awareness of the importance of, and resources available for, planning for long-term care; (7) disseminate information about long-term care options and service providers; (8) implement in all states Aging and Disability Resource Centers; (9) establish a national technical assistance program to assist state agencies, area agencies on aging, and community-based service providers that receive funding under this Act in implementing such home and community-based long-term care systems and such evidence-based health promotion and disease prevention programs; and (10) develop performance standards and measures for use by states to determine the extent to which their systems of long-term care fulfill objectives of this Act.

Requires the Assistant Secretary, in consultation with the Chief Executive Officer of the Corporation for National Community Service, to: (1) encourage and permit voluntary groups active in supportive services and civic engagement to participate in such programs or activities; (2) develop a comprehensive strategy for utilizing older individuals to address critical local needs of national concern, including through activities of pubic and nonprofit organizations such as community-based and faith-based organizations; and (3) encourage other community capacity building initiatives involving older individuals, with particular attention to initiatives that demonstrate the effectiveness and cost savings in meeting critical needs.

(Sec. 203) Requires the Secretary to establish an Interagency Coordinating Committee on Aging that meets at least once a year. Requires the Committee to: (1) establish a system to improve coordination of federal agencies; (2) implement best practices and evidence-based programs and service models to assist older individuals; (3) disseminate information about older individuals and programs; (4) ensure the continued collection of relevant data; (5) seek input from nongovernmental experts and entities; and (5) work with states to better provide supportive services.

(Sec. 204) Repeals the authorization for the Assistant Secretary to provide staff and assistance to the Federal Council on the Aging.

Adds as duties of the officer responsible for the administration of nutrition services to: (1) design, implement, and evaluate evidence-based programs to support improved nutrition and regular physical activity for older individuals; (2) conduct outreach and disseminate evidence-based information to nutrition service providers about the benefits of healthful diets and regular physical activity; (3) disseminate guidance that describes strategies for improving the nutritional quality of provided meals; and (4) disseminate guidelines for conducting nutrient analyses of provided meals.

(Sec. 208) Requires the Assistant Secretary to conduct outreach and provide technical assistance to entities that serve older individuals in integrated health promotion and disease prevention programs that include nutrition education, physical activity, and other activities to modify behavior and to improve health literacy.

(Sec. 209) Revises requirements for pension counseling and information grant applications to include older individuals with limited English proficiency among those given particular emphasis in an outreach plan concerning retirement benefits.

(Sec. 210) Authorizes appropriations for: (1) administration salaries and expenses of the Administration on Aging; (2) the Eldercare Locator Service; and (3) pension counseling and information programs.

Tittle III: Grants for State and Community Programs on Aging - (Sec. 302) Defines "family caregiver" to mean an adult, 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.

(Sec. 303) Authorizes appropriations for FY2007-FY2011 for: (1) grants for state and community programs on aging; (2) congregate nutrition services; (3) home delivered nutrition services; (4) disease prevention and health promotion services; and (5) family caregiver support. Limits the funds that may be reserved for family caregiver support to not more than 1% of the funds appropriated.

(Sec. 304) Sets forth requirements concerning the amounts allotted to states for FY2007-FY2010.

(Sec. 305) Includes among state eligibility requirements for grants for programs on aging assurance that preference will be given to providing services to older individuals, including low-income minority individuals, individuals with limited English proficiency, and individuals living in rural areas (currently particular attention is given to low-income minority individuals and older individuals residing in rural areas). Revises requirements for state grant applications to include the promotion of the development and implementation of a comprehensive, coordinated system for providing long-term care in home and community-based settings by: (1) coordinating with other state agencies responsible for providing such care; (2) participating in any state government activities concerning long-term care; (3) conducting analyses and making recommendations with respect to strategies for modifying the state's system of long-term care; and (4) providing information on the need to plan for long-term care and the range of available long-term care resources.

(Sec. 306) Requires area plans to: (1) determine the extent of need for supportive services, nutrition services, and multipurpose senior centers by considering, among other things, the number of older individuals with low incomes residing in such area, the number at risk for institutional placement, and the number who have greatest economic need (with particular attention to low-income older individuals, low-income minority older individuals, older individuals with limited English proficiency, and older individuals residing in rural areas); (2) provide assurances that a proportion of the amount allotted to the planning and service area will be expended for the delivery of health services; (3) provide assurance that the area agency on aging will set objectives, consistent with state policy, for providing services to older individuals with greatest economic need, greatest social need, and at risk for institutional placement; (4) include specific objectives for providing services to low-income minority older individuals with limited English proficiency and older individuals residing in rural areas; (5) include methods to achieve specific service objectives; (6) emphasize in outreach efforts older individuals at risk for institutional placement (7) provide assurance that the area agency on aging will coordinate planning, identification, assessment of needs, and provision of services for older individuals with disabilities, with particular attention to individuals at risk for institutional placement; (8) provide that the area agency will make use of trained volunteers in providing services to older individuals and individuals with disabilities and work in coordination with organizations with experience in providing training, placement, and stipends for volunteers in community service settings; (9) provide that the area agency will include family caregivers, service providers, and the business community on its advisory council; and (10) increase public awareness of mental health disorders, remove barriers to diagnosis and treatment, and coordinate mental health services provided (including mental health screenings) with funds expended by the area agency on aging with mental health services provided by community health centers and by other public agencies and nonprofit private organizations.

Requires area plans to provide that the area agency on aging shall facilitate the area-wide development and implementation of a comprehensive, coordinated system to provide 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: (1) coordinating with other local public and private agencies and organizations responsible for administering long-term care programs, benefits, and services; (2) analyzing and making recommendations with respect to strategies for modifying the local system of long-term care; (3) implementing 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; and (4) providing for the availability and distribution of information on the need to plan for long-term care and the range of available long-term care resources.

Requires area plans to provide: (1) assurances that funds received will be used in a manner that gives priority in furnishing benefits and services to older individuals with greatest economic need, greatest social need, and at risk for institutional placement; (2) the furnishing of services under this Act consistent with self-directed care; and (3) information about the coordination of long-range emergency preparedness plans with local and state entities.

Authorizes area agencies to: (1) include in each such plan an assessment of how prepared the planning and service area is for a change in the number of older individuals during the next 10 years; and (2) make recommendations to government officials regarding actions by the area agency to build the area's capacity to meet the needs of older individuals for health and human services, land use, housing, transportation, public safety, workforce and economic development, recreation, education, civic engagement, and emergency preparedness.

(Sec. 307) Requires state plans to provide that the state agency will conduct evaluations of the effectiveness of services provided to individuals with greatest economic need, greatest social need, or disabilities, low-income minority older individuals, older individuals with limited English proficiency, and older individuals residing in rural areas. Requires the plan, with respect to the preceding fiscal year, to: (1) identify the number of low-income minority older individuals in the state, including the number with limited English proficiency; and (2) describe the methods used to satisfy the service needs of such individuals, including individuals with limited English proficiency. Requires the plan to provide assurance that the state agency will require outreach efforts that will identify eligible individuals, with special emphasis on older individuals with greatest economic need and greatest social need, with particular attention to low-income minority individuals, individuals with limited English proficiency, and individuals residing in rural areas.

Requires that each such plan: (1) provide assurances that the area agencies on aging will provide for the furnishing of services under this Act consistent with self-directed care; and (2) include, at the election of the state, an assessment of how prepared the state is, under its service delivery model, for any anticipated change in the number of older individuals during the next 10 years. Allows such assessment to include: (1) the projected change in the number of older individuals in the state; (2) an analysis of how such change may affect such individuals; (3) an analysis of how the state programs, policies, and services can be improved, including by coordinating with area agencies on aging, and how resource levels can be adjusted to meet the needs of the changing population; and (4) an analysis of how the change in number of individuals 85 years of age and older is expected to affect the need for supportive services.

(Sec. 309) Requires the Secretary of Agriculture to give special emphasis to foods of high nutritional value in the commodities delivered under the nutrition services incentive program. Authorizes the Secretary to prescribe the terms and conditions respecting the donation of commodities under such program.

Limits amounts provided to state agencies, grantees, and contractors for the purchase of U.S. agricultural commodities and other foods for their nutrition projects. Authorizes such entities to use part of their allocation to pay a school food authority to obtain such commodities and provides that such payments may cover transporting, distributing, processing, storing, and handling costs.

Authorizes appropriations for FY2007-FY2011 to carry out the nutrition services incentive program.

Requires the Assistant Secretary and the Secretary of Agriculture (currently the Secretary of Agriculture and the Secretary of Health and Human Services) to jointly disseminate to state agencies, area agencies on aging, and providers of nutrition services information concerning: (1) school food authorities participating in programs authorized under Richard B. Russell National School Lunch Act; and (2) available donated foods.

(Sec. 311) Adds as supportive services that the Assistant Secretary may fund through grants: (1) assistive technology devices and services to meet the needs of older individuals who are disabled and other individuals who provide uncompensated care to their adult children with disabilities; (2) services to support states, area agencies on aging, and local service providers in carrying out and coordinating mental health services activities including outreach, education, screening, and referral for treatment of older individuals; and (3) services to facilitate interaction between students (currently, school age children) and older individuals, including individuals with limited English proficiency and in long-term care settings.

(Sec. 312) States that the purpose of the nutrition projects grant program is to: (1) reduce hunger and food insecurity; (2) promote socialization of older individuals; and (3) promote the health and well-being of older individuals by helping them gain access to disease prevention and health promotion services to delay the onset of health conditions resulting from poor nutrition or sedentary behavior.

(Sec. 313) Includes among nutrition projects for which states may receive grants congregate setting and home-delivered projects that provide nutrition education, nutrition counseling, and other nutrition services.

(Sec. 316) Requires states to: (1) ensure their nutrition projects comply with the most recent Dietary Guidelines for Americans; and (2) encourage joint arrangements with facilities serving meals to children. Requires that such projects: (1) provide nutrition assessment; and (2) encourage individuals who distribute nutrition assistance to provide information to homebound seniors on how to get vaccinations in their local areas.

(Sec. 317) Directs the Assistant Secretary for Aging to use allocated funds to contract with the Food and Nutrition Board of the Institute of Medicine of the National Academy of Sciences to establish an independent panel of experts to conduct an evidence-based study of nutrition projects.

(Sec. 318) Expresses the sense of Congress that: (1) a diet based on the Dietary Guidelines for Americans may reduce the risk of chronic diseases; (2) the use of a daily multivitamin-mineral supplement may help prevent nutrition deficiencies in older adults whose nutritional needs are not fully met by diet; and (3) nutrition service providers should consider whether individuals in meal programs would benefit from such a supplement.

(Sec. 319) Requires the Assistant Secretary to work in consultation with qualified experts to provide information on methods of improving indoor air quality in buildings where older individuals congregate.

(Sec. 320) Amends the National Family Caregiver Support Act to include within the definition of "child" an individual who has a disability. Includes within the definition of "grandparent or older individual who is a relative caregiver" a relative of a child by adoption. Decreases the specified age for a "grandparent or older individual who is a relative caregiver" to 55. Requires states to give priority to caregivers of: (1) individuals with Alzheimer's disease or related disorders; and (2) children with severe disabilities.

(Sec. 321) Includes in area agency on aging services providing assistance to caregivers in addressing issues related to health, nutrition, and financial literacy and in making decisions and solving problems related to their caregiving roles.

Requires the state, in providing services, to include individuals with severe disabilities among those receiving priority.

Requires each area agency to make use of trained volunteers to expand available services and to coordinate with organizations that have experience in providing training, placement, and stipends for volunteers in community services settings.

Requires the reports submitted by a state to the Assistant Secretary to include descriptions of any mechanisms used to provide family caregivers information about, and access to, services to better carry out their responsibilities.

Title IV: Activities for Health, Independence, and Longevity - (Sec. 402) Authorizes the Assistant Secretary to make grants for: (1) planning activities to prepare communities for the aging of the population; (2) developing, implementing, and assessing technology-based service models and best practices to support the use of health monitoring and assessment technology, 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; (3) 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; and (4) building public awareness of cognitive impairment such as Alzheimer's disease, related disorders with neurological and organic brain dysfunction, depression, and mental disorders. Authorizes appropriations for FY2007-FY2011.

(Sec. 403) Includes Hispanic serving institutions among institutions of higher education to which the Assistant Secretary shall make grants for career preparation for the field of aging.

(Sec. 404) Includes mental health care services among the services that receive support from the grant program for health care service demonstration projects in rural areas.

(Sec. 405) Authorizes recipients of grants to improve transportation services for older individuals to use the funds to develop innovative transportation demonstration projects.

(Sec. 406) Requires the Assistant Secretary to award grants and enter into contracts to carry out projects concerning the provision of multigenerational and civic engagement activities for older individuals ( current law authorizes grants are for multigenerational activities only).

(Sec. 407) Includes mental health care as a priority area of concern for the Resource Centers on Native American Elders for Native American programs.

(Sec. 408) Requires multidisciplinary centers to provide assistance to support mental health services for older individuals.

Requires the Assistant Secretary to make grants to states through a competitive process for the development of systems for the delivery of mental health screening and treatment services for older individuals who lack access to such services. Requires state agencies that receive a grant to allocate funds to area agencies on aging and to give priority to areas that are underserved and where there are large numbers of older individuals.

(Sec. 409) Requires the Assistant Secretary to make grants through a competitive process to entities to develop model aging-in- place projects in order to sustain the independence of older individuals. Requires grant recipients to use funds to: (1) ensure older individuals' access to community-based health and social services; (2) conduct outreach; and (3) develop approaches for the delivery and coordination of such services. Requires grant recipients to serve a community that is composed of low-income individuals and has a large concentration of older individuals that have resided in place.

Requires the Assistant Secretary to provide technical assistance to grant recipients.

Title V: Older American Community Service Employment Program - (Sec. 501) Reauthorizes the community service employment-based training program for older Americans. (Changes the title of the rewritten provisions of the Older Americans Act of 1965 from the Older American Community Service Employment Act to the Community Service Senior Opportunities Act.) Authorizes such program to: (1) foster individual economic self-suffiency and promote useful opportunities in community service activities (including employment) for unemployed low-income persons who are 55 and older; and (2) increase the number of persons who may receive the benefit of unsubsidized employment in both the public and private sectors. Authorizes the Secretary to make grants to public and nonprofit agencies and organizations, agencies of a state, and tribal organizations to carry out the program. Sets forth requirements for the grant programs.

Repeals provisions that require the Secretary to develop alternatives for innovative work modes and provide technical assistance in creating job opportunities.

Requires not less than 65% (currently 75%) of funds for program grants shall be used to pay wages and benefits for eligible individuals who are employed under funded projects.

Requires a grantee to consult with the area agency on aging if a project is located within a planning and service area.

Repeals requirements for review and public comment on such projects. Requires the Secretary of Labor to use funds to carry out projects for developing and implementing techniques and approaches, and demonstrating the effectiveness of the specialized methods, in addressing eligible workers' employment and training needs. Requires the Secretary to provide an opportunity for area agencies on aging to submit comments on projects. Sets forth provisions that outline what the projects may include.

Requires a state's governor, for the state to be eligible for funding, to submit a single state plan that outlines a four-year strategy for the statewide provision of community service employment and related activities (currently, the governor submits the plan). Requires the state plan to be submitted with copies of public comments. Requires the plan to identify and address eligible minority individuals, including individuals who have limited English proficiency. Requires the governor to review the plan every two years.

Authorizes the Secretary to reserve up to 1.5% from sums appropriated to carry out demonstration projects, pilot projects, and evaluation projects. Requires the Secretary to reserve an amount for national grants with public or nonprofit national Indian, Pacific Island, and Asian American aging organizations. Reserves funds to maintain FY2000 activities.

Requires the Secretary and each grantee to reach an agreement on the expected levels of performance for each program year for each of the core performance indicators. Requires the Secretary to establish, implement, and make available for public review core measures of performance and additional indicators of performance. Repeals the requirement that directs the Secretary to annually establish performance measures for each state. Requires that core indicators consist of: (1) hours (in the aggregate) of community service employment; (2) entry into unsubsidized employment; (3) retention in unsubsidized employment for six months; (4) earnings; and (5) aggregate hours of community service employment-based training. Requires that the additional indicator of performance consist of: (1) retention in unsubsidized employment for a year; and (2) the number of eligible individuals served.

Repeals definitions for "placement into public or private unsubsidized employment" and "retention in public or private unsubsidized employment."

Requires the Secretary to annually review and publish information on each grantee's performance. Requires the Secretary to provide technical assistance to grantees who fail to meet expected levels of performance.

Sets a deadline for the Secretary to establish and implement the core measures of performance.

Requires the Secretary to award national grants for a period of four years through a competitive process. Allows the Secretary to award grants to a recipient who satisfies requirements to continue a project beyond such period for an additional year. Sets forth grant criteria.

Requires the Secretary to annually report on the levels of participation and performance outcomes of minority individuals served by the Older American Community Service Employment Program.

Expresses the sense of Congress that: (1) the program was established with the intent of placing older individuals in community service positions and providing job training; and (2) placing such individuals in those positions strengthens their ability to become self sufficient, provides support to organizations that benefit from increased civic engagement, and strengthens the communities.

Authorizes appropriations.

Title VI: Native Americans - (Sec. 601) Authorizes appropriations for the Native American Caregiver Support Program.

Title VII: Allotments for Vulnerable Elder Rights Protection Activities - (Sec. 701) Authorizes appropriations for vulnerable elder rights protection activities.

(Sec. 702) Includes among grant requirements that states shall use grant funds to carry out activities to intervene and investigate elder abuse, neglect, and exploitation.

(Sec. 703) Requires the Assistant Secretary to establish a program for enabling entities to support multidisciplinary elder justice activities.

(Sec. 704) Authorizes the Assistant Secretary to make grants to states through a competitive process to promote the implementation of comprehensive elder justice systems.

(Sec. 705) Declares that vulnerable elder rights protection provisions of the Older Americans Act shall not be construed to interfere with the right of an older individual to practice religion through reliance on prayer alone for healing in a case in which such decision: (1) is contemporaneously expressed by the older individual when the individual is competent to make the decision; (2) is set forth prior to the occurrence of the illness or injury in a valid advance directive document; or (3) may be unambiguously deduced from the older individual's life history.

Title VIII: Federal Youth Development Council - Tom Osborne Federal Youth Coordination Act - Establishes the Federal Youth Development Council. Sets forth the Council's duties, including 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 and opportunities to help youth in their development. Authorizes the Council to provide assistance to a state. Requires the Council to coordinate efforts with other entities and report on its progress to Congress. Authorizes appropriations.

Title IX: Conforming Amendments - Sets forth conforming amendments to the Older Americans Act Amendments of 1987 and the Energy Conservation and Production Act.

[109th Congress Public Law 365]
[From the U.S. Government Publishing 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:
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CONGRESSIONAL RECORD, Vol. 152 (2006):
            Sept. 28, considered and passed House.
            Sept. 29, considered and passed Senate.

                                  <all>