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Older Americans Act Amendments of 2006 |
HR 6197 ENR: Community Service Senior Opportunities Act
U. S. House of Representatives
0
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
I
One Hundred Ninth Congress of the United States of America At the Second SessionBegun and held at the City of Washington on Tuesday, the third day of January, two thousand and six
H. R. 6197
AN ACT
To amend the Older Americans Act of 1965 to authorize appropriations for fiscal years 2007 through 2011, and for other purposes.
1. Short title; table of contents
(a)Short titleThis Act may be cited as the Older Americans Act Amendments of 2006.
(b)Table of contentsThe 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. |
Community Service Senior Opportunities Act |
HR 6197 ENR: Community Service Senior Opportunities Act
U. S. House of Representatives
0
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
I
One Hundred Ninth Congress of the United States of America At the Second SessionBegun and held at the City of Washington on Tuesday, the third day of January, two thousand and six
H. R. 6197
AN ACT
To amend the Older Americans Act of 1965 to authorize appropriations for fiscal years 2007 through 2011, and for other purposes.
1. Short title; table of contents
(a)Short titleThis Act may be cited as the Older Americans Act Amendments of 2006.
(b)Table of contentsThe 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. |
Older Americans Act of 1965 |
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. |
Older Americans Act of 1965 | ), including nursing facility services, home and community-based services, personal care services, and case management services provided under the plan; and
(II)any other supports, items, or services that are available under any federally funded long-term care program; and
(ii)with respect to other health care, items and services covered under—
(I)the Medicare program established under title XVIII of the Social Security Act (42 U. S. C. 1395 et seq. );
(II)the State plan for medical assistance under the Medicaid program; or
(III)any other federally funded health care program; and
(B)includes items or services described in subparagraph (A) that are provided under a public or private managed care plan or through any other service provider. .
(b)Redesignation and reordering of definitionsSection 102 of the Older Americans Act of 1965 (42 U. S. C. |
Older Americans Act of 1965 |
(b)Final reportNot later than 2 years after the first meeting of the Council, the Council shall transmit to the relevant committees of Congress a final report of the Council's findings and recommendations, which report shall—
(1)include a comprehensive list of recent research and statistical reporting by various Federal agencies on the overall well-being of youth;
(2)include the assessment of the needs of youth and those who serve youth;
(3)include a summary of the plan described in section 803(a)(7);
(4)recommend ways to coordinate and improve Federal training and technical assistance, information sharing, and communication among the various Federal programs and agencies serving youth, as the Chairperson determines appropriate;
(5)include recommendations to better integrate and coordinate policies across agencies at the Federal, State, and local levels, including any recommendations the Chairperson determines appropriate, if any, for legislation and administrative actions; |
Older Americans Act of 1965 |
(b)Final reportNot later than 2 years after the first meeting of the Council, the Council shall transmit to the relevant committees of Congress a final report of the Council's findings and recommendations, which report shall—
(1)include a comprehensive list of recent research and statistical reporting by various Federal agencies on the overall well-being of youth;
(2)include the assessment of the needs of youth and those who serve youth;
(3)include a summary of the plan described in section 803(a)(7);
(4)recommend ways to coordinate and improve Federal training and technical assistance, information sharing, and communication among the various Federal programs and agencies serving youth, as the Chairperson determines appropriate;
(5)include recommendations to better integrate and coordinate policies across agencies at the Federal, State, and local levels, including any recommendations the Chairperson determines appropriate, if any, for legislation and administrative actions; |
Assistive Technology Act of 1998 | Conforming amendments to other Acts.
IGeneral Provision
101. Definitions
(a)In generalSection 102 of the Older Americans Act of 1965 (42 U. S. C. 3002) is amended—
(1)by striking paragraph (10) and inserting the following:
(10)
(A)The term assistive device includes an assistive technology device.
(B)The terms assistive technology, assistive technology device, and assistive technology service have the meanings given such terms in section 3 of the Assistive Technology Act of 1998 (29 U. S. C. 3002). ;
(2)by striking paragraph (12)(D) and inserting the following:
(D)evidence-based health promotion programs, including programs related to the prevention and mitigation of the effects of chronic disease (including osteoporosis, hypertension, obesity, diabetes, and cardiovascular disease), alcohol and substance abuse reduction, smoking cessation, weight loss and control, stress management, falls prevention, physical activity, and improved nutrition; ; |
Higher Education Act of 1965 | 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). |
Older Americans Act of 1965 | 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.
IIAdministration on Aging
201. Elder Abuse Prevention and ServicesSection 201 of the Older Americans Act of 1965 (42 U. S. C. 3011) is amended by adding at the end the following:
(e)
(1)The Assistant Secretary is authorized to designate within the Administration a person to have responsibility for elder abuse prevention and services. |
Older Americans Act of 1965 |
(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. .
202. Functions of the Assistant SecretarySection 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; |
Age Discrimination in Employment Act of 1967 | 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; ; |
Age Discrimination in Employment Act of 1967 | 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)ProhibitionFunds 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 activitiesClause (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. |
Food Stamp Act of 1977 |
(C)by striking paragraph (20) and inserting the following:
(20)
(A)encourage, and provide technical assistance to, States, area agencies on aging, and service providers to carry out outreach and benefits enrollment assistance to inform and enroll older individuals with greatest economic need, who may be eligible to participate, but who are not participating, in Federal and State programs providing benefits for which the individuals are eligible, including—
(i)supplemental security income benefits under title XVI of the Social Security Act (42 U. S. C. 1381 et seq. ), or assistance under a State plan program under such title;
(ii)medical assistance under title XIX of such Act (42 U. S. C. 1396 et seq. );
(iii)benefits under the Food Stamp Act of 1977 (7 U. S. C. 2011 et seq. ); or
(iv)benefits under any other applicable program; |
Food Stamp Act of 1977 | Equitable distribution
(a)Interstate allocationIn 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 allocationThe 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).
508. ReportTo 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). |
Omnibus Budget Reconciliation Act of 1990 |
(8)implement in all States Aging and Disability Resource Centers—
(A)to serve as visible and trusted sources of information on the full range of long-term care options, including both institutional and home and community-based care, which are available in the community;
(B)to provide personalized and consumer-friendly assistance to empower individuals to make informed decisions about their care options;
(C)to provide coordinated and streamlined access to all publicly supported long-term care options so that consumers can obtain the care they need through a single intake, assessment, and eligibility determination process;
(D)to help individuals to plan ahead for their future long-term care needs; and
(E)to assist (in coordination with the entities carrying out the health insurance information, counseling, and assistance program (receiving funding under section 4360 of the Omnibus Budget Reconciliation Act of 1990 (42 U. S. C. |
Older Americans Act of 1965 |
(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.
203. Federal agency consultationSection 203 of the Older Americans Act of 1965 (42 U. S. C. |
Assistive Technology Act of 1998 | 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). ; |
Older Americans Act of 1965 |
(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. .
204. AdministrationSection 205 of the Older Americans Act of 1965 (42 U. S. C. |
National Nutrition Monitoring and Related Research Act of 1990 | 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; ; |
Older Americans Act of 1965 |
(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 .
205. EvaluationThe first sentence of section 206(g) of the Older Americans Act of 1965 (42 U. S. C. |
Older Americans Act of 1965 | 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. .
317. Study of nutrition projects
(a)Study
(1)In generalThe Assistant Secretary for Aging shall use funds allocated in section 206(g) of the Older Americans Act of 1965 (42 U. S. C. |
Older Americans Act of 1965 |
(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 .
205. EvaluationThe first sentence of section 206(g) of the Older Americans Act of 1965 (42 U. S. C. |
Older Americans Act of 1965 | 3017(g)) is amended to read as follows: From the total amount appropriated for each fiscal year to carry out title III, the Secretary may use such sums as may be necessary, but not to exceed ½ of 1 percent of such amount, for purposes of conducting evaluations under this section, either directly or through grants or contracts. .
206. ReportsSection 207(b)(2) of the Older Americans Act of 1965 (42 U. S. C. 3018(b)(2)) is amended—
(1)in subparagraph (B), by striking Labor and inserting the Workforce; and
(2)in subparagraph (C), by striking Labor and Human Resources and inserting Health, Education, Labor, and Pensions.
207. Contracting and grant authority; private pay relationships; appropriate use of fundsSection 212 of the Older Americans Act of 1965 (42 U. S. C. 3020c) is amended to read as follows:
212. Contracting and grant authority; private pay relationships; |
Older Americans Act of 1965 | 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 reimbursementAll reimbursements made under this section shall be made in a timely manner, according to standards specified by the Assistant Secretary.
(e)CostIn 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. .
208. Nutrition educationSection 214 of the Older Americans Act of 1965 (42 U. S. C. 3020e) is amended to read as follows:
214. |
Older Americans Act of 1965 | Nutrition educationThe 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). .
209. Pension counseling and information programsSection 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; |
Older Americans Act of 1965 |
(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.
210. Authorization of appropriationsSection 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.
IIIGrants for State and community programs on aging
301. Purpose; administrationSection 301(a)(2) of the Older Americans Act of 1965 (42 U. S. C. |
Older Americans Act of 1965 |
(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.
210. Authorization of appropriationsSection 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.
IIIGrants for State and community programs on aging
301. Purpose; administrationSection 301(a)(2) of the Older Americans Act of 1965 (42 U. S. C. |
Older Americans Act of 1965 | 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. .
302. DefinitionsSection 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. ; |
Older Americans Act of 1965 | 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. .
302. DefinitionsSection 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. ; |
Older Americans Act of 1965 |
(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.
303. Authorization of appropriations; uses of fundsSection 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
(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; |
Older Americans Act of 1965 |
(ii)by striking shall and inserting may; and
(iii)by striking section 376 and inserting section 411(a)(11).
304. AllotmentsSection 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. .
305. |
Older Americans Act of 1965 |
(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; |
Older Americans Act of 1965 |
(C)an analysis of how the programs, policies, and services provided by such area agency can be improved, and how resource levels can be adjusted to meet the needs of the changing population of older individuals in the planning and service area; and
(D)an analysis of how the change in the number of individuals age 85 and older in the planning and service area is expected to affect the need for supportive services.
(3)An area agency on aging, in cooperation with government officials, State agencies, tribal organizations, or local entities, may make recommendations to government officials in the planning and service area and the State, on actions determined by the area agency to build the capacity in the planning and service area to meet the needs of older individuals for—
(A)health and human services;
(B)land use;
(C)housing;
(D)transportation;
(E)public safety;
(F)workforce and economic development;
(G)recreation;
(H)education;
(I)civic engagement; |
Older Americans Act of 1965 | 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. .
308. PaymentsSection 309(b)(2) of the Older Americans Act of 1965 (42 U. S. C. |
Older Americans Act of 1965 | 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. .
308. PaymentsSection 309(b)(2) of the Older Americans Act of 1965 (42 U. S. C. |
Older Americans Act of 1965 |
(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; |
Older Americans Act of 1965 |
(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).
311. Supportive services and senior centersSection 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; |
Older Americans Act of 1965 |
(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; |
Older Americans Act of 1965 |
(24)activities to promote and disseminate information about life-long learning programs, including opportunities for distance learning; and .
312. Nutrition serviceAfter 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:
330. PurposesThe purposes of this part are—
(1)to reduce hunger and food insecurity;
(2)to promote socialization of older individuals; and
(3)to promote the health and well-being of older individuals by assisting such individuals to gain access to nutrition and other disease prevention and health promotion services to delay the onset of adverse health conditions resulting from poor nutritional health or sedentary behavior. .
313. Congregate nutrition programSection 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; |
Older Americans Act of 1965 |
(24)activities to promote and disseminate information about life-long learning programs, including opportunities for distance learning; and .
312. Nutrition serviceAfter 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:
330. PurposesThe purposes of this part are—
(1)to reduce hunger and food insecurity;
(2)to promote socialization of older individuals; and
(3)to promote the health and well-being of older individuals by assisting such individuals to gain access to nutrition and other disease prevention and health promotion services to delay the onset of adverse health conditions resulting from poor nutritional health or sedentary behavior. .
313. Congregate nutrition programSection 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; |
Older Americans Act of 1965 | Program authorizedThe 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. .
315. CriteriaSection 337 of the Older Americans Act of 1965 (42 U. S. C. 3030g) is amended to read as follows:
337. |
Older Americans Act of 1965 | Program authorizedThe 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. .
315. CriteriaSection 337 of the Older Americans Act of 1965 (42 U. S. C. 3030g) is amended to read as follows:
337. |
Older Americans Act of 1965 |
(2)when the nutritional needs of older adults are not fully met by diet, use of a single, daily multivitamin-mineral supplement may help prevent nutrition deficiencies common in many older adults;
(3)use of a single, daily multivitamin-mineral supplement can be a safe and inexpensive strategy to help ensure the nutritional health of older adults; and
(4)nutrition service providers under the Older Americans Act of 1965 should consider whether individuals participating in congregate and home-delivered meal programs would benefit from a single, daily multivitamin-mineral supplement that is in compliance with all applicable government quality standards and provides at least 2/3 of the essential vitamins and minerals at 100 percent of the daily value levels as determined by the Commissioner of Food and Drugs.
319. Improving indoor air quality in buildings where older individuals congregateSection 361 of the Older Americans Act of 1965 (42 U. S. C. |
Older Americans Act of 1965 |
(3)in subsection (d), to read as follows:
(d)Use of volunteersIn carrying out this subpart, each area agency on aging shall make use of trained volunteers to expand the provision of the available services described in subsection (b) and, if possible, work in coordination with organizations that have experience in providing training, placement, and stipends for volunteers or participants (such as organizations carrying out Federal service programs administered by the Corporation for National and Community Service), in community service settings. ;
(4)in subsection (e)(3), by adding at the end the following: The reports shall describe any mechanisms used in the State to provide to persons who are family caregivers, or grandparents or older individuals who are relative caregivers, information about and access to various services so that the persons can better carry out their care responsibilities. ; |
Older Americans Act of 1965 |
(5)Relationship to other funding sourcesFunds 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)DefinitionIn 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; |
Older Americans Act of 1965 |
(3)in subsection (d), to read as follows:
(d)Use of volunteersIn carrying out this subpart, each area agency on aging shall make use of trained volunteers to expand the provision of the available services described in subsection (b) and, if possible, work in coordination with organizations that have experience in providing training, placement, and stipends for volunteers or participants (such as organizations carrying out Federal service programs administered by the Corporation for National and Community Service), in community service settings. ;
(4)in subsection (e)(3), by adding at the end the following: The reports shall describe any mechanisms used in the State to provide to persons who are family caregivers, or grandparents or older individuals who are relative caregivers, information about and access to various services so that the persons can better carry out their care responsibilities. ; |
Older Americans Act of 1965 |
(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 ; |
Older Americans Act of 1965 |
(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 ; |
Older Americans Act of 1965 | and
(2)in subsection (b), by striking year and all that follows through years and inserting years 2007, 2008, 2009, 2010, and 2011.
403. Career preparation for the field of agingSection 412(a) of the Older Americans Act of 1965 (42 U. S. C. 3032a(a)) is amended to read as follows:
(a)GrantsThe 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. .
404. Health care service demonstration projects in rural areasSection 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,.
405. |
Older Americans Act of 1965 |
(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 transportationIn 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. .
406. |
Older Americans Act of 1965 |
(h)DefinitionsAs used in this section:
(1)Multigenerational activityThe 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 coordinatorThe 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; |
Older Americans Act of 1965 |
(h)DefinitionsAs used in this section:
(1)Multigenerational activityThe 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 coordinatorThe 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; |
Cranston-Gonzalez National Affordable Housing Act | and
(ii)ensure, to the maximum extent feasible, the continuing independence of older individuals who are residing in the area. .
409. Community innovations for aging in placePart 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:
422. Community innovations for aging in place
(a)DefinitionsIn this section:
(1)Eligible entityThe 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; |
Housing Act of 1959 | and
(ii)ensure, to the maximum extent feasible, the continuing independence of older individuals who are residing in the area. .
409. Community innovations for aging in placePart 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:
422. Community innovations for aging in place
(a)DefinitionsIn this section:
(1)Eligible entityThe 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; |
Older Americans Act of 1965 |
(3)ApplicationTo 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)ReportThe 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. .
410. |
Older Americans Act of 1965 |
(3)ApplicationTo 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)ReportThe 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. .
410. |
Energy Policy Act of 1992 | No payment shall be made by the Secretary toward the cost of any project established or administered by such an organization or agency unless the Secretary determines that such project—
(A)will provide community service employment only for eligible individuals except for necessary technical, administrative, and supervisory personnel, and such personnel will, to the fullest extent possible, be recruited from among eligible individuals;
(B)
(i)will provide community service employment and other authorized activities for eligible individuals in the community in which such individuals reside, or in nearby communities; |
Workforce Investment Act of 1998 |
(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); |
Workforce Investment Act of 1998 |
(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; |
Workforce Investment Act of 1998 |
(e)Pilot, demonstration, and evaluation projects
(1)In generalThe Secretary, in addition to exercising any other authority contained in this title, shall use funds reserved under section 506(a)(1) to carry out demonstration projects, pilot projects, and evaluation projects, for the purpose of developing and implementing techniques and approaches, and demonstrating the effectiveness of the techniques and approaches, in addressing the employment and training needs of eligible individuals. The Secretary shall enter into such agreements with States, public agencies, nonprofit private organizations, or private business concerns, as may be necessary, to conduct the projects authorized by this subsection. To the extent practicable, the Secretary shall provide an opportunity, prior to the development of a demonstration or pilot project, for the appropriate area agency on aging to submit comments on such a project in order to ensure coordination of activities under this title. |
Workforce Investment Act of 1998 | Administration
(a)State plan
(1)GovernorFor a State to be eligible to receive an allotment under section 506, the Governor of the State shall submit to the Secretary for consideration and approval, a single State plan (referred to in this title as the State plan) that outlines a 4-year strategy for the statewide provision of community service employment and other authorized activities for eligible individuals under this title. The plan shall contain such provisions as the Secretary may require, consistent with this title, including a description of the process used to ensure the participation of individuals described in paragraph (2). Not less often than every 2 years, the Governor shall review the State plan and submit an update to the State plan to the Secretary for consideration and approval. |
Workforce Investment Act of 1998 |
(3)CommentsAny 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 provisionsThe 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; |
Workforce Investment Act of 1998 |
(B)ReviewThe Secretary may review, on the Secretary's own initiative or at the request of any public or private agency or organization or of any agency of the State, the distribution of projects and services under this title in the State, including the distribution between urban and rural areas in the State. For each proposed reallocation of projects or services in a State, the Secretary shall give notice and opportunity for public comment.
(8)ExemptionThe 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. |
Workforce Investment Act of 1998 |
(b)Workers' compensationNo 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.
505. Interagency cooperation
(a)Consultation with the Assistant SecretaryThe 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. |
Workforce Investment Act of 1998 | Equitable distribution
(a)Interstate allocationIn 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 allocationThe 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).
508. ReportTo 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). |
Workforce Investment Act of 1998 |
(4)IncomeIn 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 americansThe 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)ProgramThe term program means the older American community service employment program established under this title.
(7)Supportive servicesThe 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. |
Workforce Investment Act of 1998 |
(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; |
Workforce Investment Act of 1998 |
(b)Consultation with heads of other agenciesThe 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. |
Workforce Investment Act of 1998 | 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.
509. Employment assistance and Federal housing and food stamp programsFunds 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. ).
510. Eligibility for workforce investment activitiesEligible 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. |
Workforce Investment Act of 1998 |
(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)); |
Workforce Investment Act of 1998 |
(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; |
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)RegulationsThe 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 ActAn assessment and service strategy required by paragraph (1)(N) to be prepared for an eligible individual shall satisfy any condition for an assessment and service strategy or individual employment plan for an adult participant under subtitle B of title I of the Workforce Investment Act of 1998 (29 U. S. C. 2811 et seq. ), in order to determine whether such eligible individual also qualifies for intensive or training services described in section 134(d) of such Act (29 U. S. C. |
Rehabilitation Act of 1973 |
(B)ReviewThe Secretary may review, on the Secretary's own initiative or at the request of any public or private agency or organization or of any agency of the State, the distribution of projects and services under this title in the State, including the distribution between urban and rural areas in the State. For each proposed reallocation of projects or services in a State, the Secretary shall give notice and opportunity for public comment.
(8)ExemptionThe 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. |
National and Community Service Act of 1990 |
(B)ReviewThe Secretary may review, on the Secretary's own initiative or at the request of any public or private agency or organization or of any agency of the State, the distribution of projects and services under this title in the State, including the distribution between urban and rural areas in the State. For each proposed reallocation of projects or services in a State, the Secretary shall give notice and opportunity for public comment.
(8)ExemptionThe 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. |
Domestic Volunteer Service Act of 1973 |
(B)ReviewThe Secretary may review, on the Secretary's own initiative or at the request of any public or private agency or organization or of any agency of the State, the distribution of projects and services under this title in the State, including the distribution between urban and rural areas in the State. For each proposed reallocation of projects or services in a State, the Secretary shall give notice and opportunity for public comment.
(8)ExemptionThe 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. |
Workforce Investment Act of 1998 | 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.
509. Employment assistance and Federal housing and food stamp programsFunds 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. ).
510. Eligibility for workforce investment activitiesEligible 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. |
Immigration and Nationality Act | 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.
509. Employment assistance and Federal housing and food stamp programsFunds 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. ).
510. Eligibility for workforce investment activitiesEligible 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. |
Older Americans Act of 1965 |
(8)UnemployedThe 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)RulePursuant 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. .
502. |
Older Americans Act of 1965 | Effective date
(a)In generalTitle 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)RegulationsEffective 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 performancePrior 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.
VINative Americans
601. Clarification of maintenance requirement
(a)In generalSection 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)DefinitionIn this subsection, the term covered year means fiscal year 2006 or a subsequent fiscal year. |
Older Americans Act of 1965 | Effective date
(a)In generalTitle 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)RegulationsEffective 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 performancePrior 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.
VINative Americans
601. Clarification of maintenance requirement
(a)In generalSection 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)DefinitionIn this subsection, the term covered year means fiscal year 2006 or a subsequent fiscal year. |
Older Americans Act of 1965 |
(2)Consortia of tribal organizationsIf 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 dateThe 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.
602. |
Older Americans Act of 1965 |
(C)providing training, technical assistance, and other methods of support to groups carrying out multidisciplinary efforts at the State (referred to in some States as State Working Groups);
(D)broadening and studying various models for elder fatality and serious injury review teams, to make recommendations about their composition, protocols, functions, timing, roles, and responsibilities, with a goal of producing models and information that will allow for replication based on the needs of States and communities (other than the ones in which the review teams were used); and
(E)developing best practices, for use in long-term care facilities, that reduce the risk of elder abuse for residents, including the risk of resident-to-resident abuse; and
(12)addressing underserved populations of older individuals, such as—
(A)older individuals living in rural locations;
(B)older individuals in minority populations; or
(C)low-income older individuals. ; |
Older Americans Act of 1965 |
(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; |
Older Americans Act of 1965 |
(2)Consortia of tribal organizationsIf 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 dateThe 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.
602. |
Older Americans Act of 1965 |
(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)ApplicationsTo 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 grantsThe 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. |
McKinney-Vento Homeless Assistance Act |
(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; |
Juvenile Justice and Delinquency Prevention Act of 1974 |
(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; |
Older Americans Act Amendments of 1987 |
(b)Final reportNot later than 2 years after the first meeting of the Council, the Council shall transmit to the relevant committees of Congress a final report of the Council's findings and recommendations, which report shall—
(1)include a comprehensive list of recent research and statistical reporting by various Federal agencies on the overall well-being of youth;
(2)include the assessment of the needs of youth and those who serve youth;
(3)include a summary of the plan described in section 803(a)(7);
(4)recommend ways to coordinate and improve Federal training and technical assistance, information sharing, and communication among the various Federal programs and agencies serving youth, as the Chairperson determines appropriate;
(5)include recommendations to better integrate and coordinate policies across agencies at the Federal, State, and local levels, including any recommendations the Chairperson determines appropriate, if any, for legislation and administrative actions; |
Energy Conservation and Production Act |
(b)Final reportNot later than 2 years after the first meeting of the Council, the Council shall transmit to the relevant committees of Congress a final report of the Council's findings and recommendations, which report shall—
(1)include a comprehensive list of recent research and statistical reporting by various Federal agencies on the overall well-being of youth;
(2)include the assessment of the needs of youth and those who serve youth;
(3)include a summary of the plan described in section 803(a)(7);
(4)recommend ways to coordinate and improve Federal training and technical assistance, information sharing, and communication among the various Federal programs and agencies serving youth, as the Chairperson determines appropriate;
(5)include recommendations to better integrate and coordinate policies across agencies at the Federal, State, and local levels, including any recommendations the Chairperson determines appropriate, if any, for legislation and administrative actions; |
John Warner National Defense Authorization Act for Fiscal Year 2007 |
I
One Hundred Ninth Congress of the United States of America At the Second SessionBegun and held at the City of Washington on Tuesday, the third day of January, two thousand and six
H. R. 5122
AN ACT
To authorize appropriations for fiscal year 2007 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes.
1. Short title; findings
(a)Short titleThis Act may be cited as the John Warner National Defense Authorization Act for Fiscal Year 2007.
(b)FindingsCongress makes the following findings:
(1)Senator John Warner of Virginia was elected a member of the United States Senate on November 7, 1978, for a full term beginning on January 3, 1979. He was subsequently appointed by the Governor of Virginia to fill a vacancy on January 2, 1979, and has served continuously since that date. |
Military Construction Authorization Act for Fiscal Year 2007 |
(d)Transfer authority
(1)Transfers authorizedSubject to paragraph (2), amounts authorized to be appropriated by subsection (a) may be transferred from the Iraq Security Forces Fund to any of the following accounts and funds of the Department of Defense to accomplish the purposes provided in subsection (b):
(A)Military personnel accounts.
(B)Operation and maintenance accounts.
(C)Procurement accounts.
(D)Research, development, test, and evaluation accounts.
(E)Defense working capital funds.
(F)Overseas Humanitarian, Disaster, and Civic Aid account.
(2)Additional authorityThe transfer authority provided by paragraph (1) is in addition to any other transfer authority available to the Department of Defense.
(3)Transfers back to the fundUpon determination that all or part of the funds transferred from the Iraq Security Forces Fund under paragraph (1) are not necessary for the purpose provided, such funds may be transferred back to the Iraq Security Forces Fund. |
National Defense Authorization Act |
(4)An identification of the mechanisms in place to ensure the protection of the interests of the United States in the Future Combat Systems program.
(5)An identification of the mechanisms in place to mitigate organizational conflicts of interest with respect to competition on Future Combat Systems technologies and equipment under subcontracts under the Future Combat Systems program.
116. Priority for allocation of replacement equipment to operational units based on combat mission deployment scheduleThe Secretary of Defense shall ensure that priority for the distribution of new and combat-serviceable replacement equipment acquired using funds authorized to be appropriated by this title (together with associated support and test equipment) is given to operational units (regardless of component) based on combat mission deployment schedule.
CNavy Programs
121. |
National Defense Authorization Act |
(6)The amounts of increases or decreases to cost required to correct deficiencies that may affect the safety of the ship and personnel or otherwise preclude the ship from safe operations and crew certification.
(c)Limitation on Technology Insertion Cost AdjustmentThe Secretary of the Navy may use the authority under paragraph (4) of subsection (b) to adjust the amount set forth in subsection (a) for a ship referred to in that subsection with respect to insertion of new technology into that ship only if—
(1)the Secretary determines, and certifies to the congressional defense committees, that insertion of the new technology would lower the life-cycle cost of the ship; or
(2)the Secretary determines, and certifies to the congressional defense committees, that insertion of the new technology is required to meet an emerging threat and the Secretary of Defense certifies to those committees that such threat poses grave harm to national security. |
National Defense Authorization Act |
(2)ICBM modernization program definedIn this subsection, the term ICBM Modernization program means each of the following:
(A)The Guidance Replacement Program (GRP).
(B)The Propulsion Replacement Program (PRP).
(C)The Propulsion System Rocket Engine (PSRE) program.
(D)The Safety Enhanced Reentry Vehicle (SERV) program.
(c)Report elementsA report under subsection (b)(1) is a report setting forth the following:
(1)A detailed strategic justification for the proposal to reduce the Minuteman III intercontinental ballistic missile force from 500 to 450 missiles, including an analysis of the effects of the reduction on the ability of the United States to assure allies and dissuade potential competitors.
(2)A detailed analysis of the strategic ramifications of continuing to equip a portion of the Minuteman III missile force with multiple independent warheads rather than single warheads. |
National Defense Authorization Act |
(3)TerminationThe requirement of paragraph (1) terminates after the report required by subsection (c) is submitted.
215. Dedicated amounts for implementing or evaluating Navy shipbuilding technology proposals under Defense Acquisition Challenge Program
(a)Amounts requiredOf the amounts appropriated pursuant to the authorization of appropriations in section 201(4) for research, development, test, and evaluation, Defense-wide, $4,000,000 may be available to implement or evaluate challenge proposals specified in subsection (b).
(b)Challenge proposals coveredA challenge proposal referred to in subsection (a) is a proposal under the Defense Acquisition Challenge Program established by section 2359b of title 10, United States Code, that relates to technology directly contributing to combat systems and open architecture design for Navy ship platforms.
216. |
National Defense Authorization Act for Fiscal Year 2000 | Independent estimate of costs of the Future Combat Systems
(a)Independent estimate required
(1)In generalThe Secretary of Defense shall provide for the preparation of an independent estimate of the anticipated costs of systems development and demonstration with respect to the Future Combat Systems.
(2)Conduct of estimateThe estimate required by this subsection shall be prepared by a federally funded research and development center selected by the Secretary for purposes of this subsection.
(3)Matters to be addressedThe independent estimate prepared under this subsection shall address costs of research, development, test, and evaluation, and costs of procurement, for—
(A)the system development and demonstration phase of the core Future Combat Systems;
(B)the Future Combat Systems technologies to be incorporated into the equipment of the current force of the Army (often referred to as spinouts);
(C)the installation kits for the incorporation of such technologies into such equipment; |
National Defense Authorization Act for Fiscal Year 1997 |
(D)the systems treated as complementary systems for the Future Combat Systems;
(E)science and technology initiatives that support the Future Combat Systems program; and
(F)any pass-through charges anticipated to be assessed by the lead systems integrator of the Future Combat Systems and its major subcontractors.
(4)Submittal to congressUpon completion of the independent estimate required by this subsection, the Secretary shall submit to the congressional defense committees a report on the estimate.
(5)Deadline for submittalThe report described in paragraph (4) shall be submitted not later than April 1, 2007.
(b)Pass-through charge definedIn this section, the term pass-through charge has the meaning given that term in section 805(c)(5) of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3373).
217. |
National Defense Authorization Act for Fiscal Year 2002 |
(c)ReportA report described in this subsection is a report prepared by the Director of the Missile Defense Agency and submitted to the congressional defense committees containing the following:
(1)A description of the essential components of a proposed space-based interceptor system, including a description of how the system proposed would enhance or complement other missile defense systems.
(2)An estimate of the acquisition and life-cycle cost of the system described under paragraph (1), including lift cost and periodic replacement cost due to depreciation and attrition.
(3)An analysis of the vulnerability of such a system to counter-measures, including direct ascent and co-orbital interceptors, and an analysis of the functionality of such a system in the aftermath of a nuclear detonation in space. |
National Defense Authorization Act for Fiscal Year 2006 |
(4)A projection of the foreign policy and national security implications of a space-based interceptor program, including the probable response of United States adversaries and United States allies.
223. Policy of the United States on priorities in the development, testing, and fielding of missile defense capabilities
(a)FindingsCongress makes the following findings:
(1)In response to the threat posed by ballistic missiles, President George W. Bush in December 2002 directed the Secretary of Defense to proceed with the fielding of an initial set of missile defense capabilities in 2004 and 2005. |
National Defense Authorization Act |
(4)A projection of the foreign policy and national security implications of a space-based interceptor program, including the probable response of United States adversaries and United States allies.
223. Policy of the United States on priorities in the development, testing, and fielding of missile defense capabilities
(a)FindingsCongress makes the following findings:
(1)In response to the threat posed by ballistic missiles, President George W. Bush in December 2002 directed the Secretary of Defense to proceed with the fielding of an initial set of missile defense capabilities in 2004 and 2005. |
Subsets and Splits