Older Americans Act Reauthorization: Side-by-Side Comparison of Current Law, H.R. 5293, and S. 3570

CRS Report for Congress
Older Americans Act Reauthorization:
Side-by-Side Comparison of Current Law,
H.R. 5293, and S. 3570
August 24, 2006
Carol O’Shaughnessy
Specialist in Social Legislation
Domestic Social Policy Division
Kirsten Jennie Black
Analyst in Gerontology
Domestic Social Policy Division
Sarah C. Kaufman
Research Associate
Domestic Social Policy Division


Congressional Research Service ˜ The Library of Congress

Older Americans Act Reauthorization: Side-by-Side
Comparison of Current Law, H.R. 5293, and S. 3570
Summary
Authorization of appropriations for the Older Americans Act expired at the end
of FY2005, though appropriations legislation has continued funding of the act’s
programs. Legislation to reauthorize the act is being considered by the 109th
Congress. H.R. 5293, the Senior Independence Act of 2006, was passed by the
House on June 21, 2006; S. 3570, the Older Americans Act Amendments of 2006,
was ordered reported by the Senate Committee on Health, Education, Labor, and
Pensions on June 28, 2006. A compromise version of the House and Senate bills
may be taken up before the end of the 109th Congress.
The Older Americans Act (OAA) is the major vehicle for the delivery of social
and nutrition services for older persons. Originally enacted in 1965, the act supports
a wide range of social services and programs for older persons. These include
supportive services, congregate and home-delivered nutrition services, community
service employment, the long-term care ombudsman program, and services to prevent
the abuse, neglect, and exploitation of older persons. The act also supports grants
to Native Americans and research, training, and demonstration activities.
H.R. 5293 and S. 3570 would authorize all titles of the act through FY2011. A
number of provisions contained in both bills would require state and area agencies
on aging to focus attention on planning comprehensive and coordinated systems of
home and community-based services to assist older persons with long-term care
needs to remain in their own homes, rather than entering institutions; require states
to conduct increased planning efforts related to the growing number of older people
in coming decades; and would focus attention on the needs of older people with
limited English proficiency and those at risk of institutional placement. In addition,
both bills would allow family caregiver services authorized under Title III to assist
older people caring for their adult children with disabilities.
Both H.R. 5293 and S. 3570 make changes to the Title V community service
employment program, but take different approaches. The House bill proposals are
wider in scope than those in the Senate committee’s bill, and many of its proposed
changes emanate from the view that the program should place more emphasis on
training of participants for unsubsidized employment than what exists under the
current program.
S. 3570 would authorize new elder justice grant programs and a national study
on the incidence of elder abuse, neglect, and exploitation. It would also require the
Administration on Aging (AoA) to set up a method to collect national uniform data
on elder abuse, neglect, and exploitation.
This report highlights major selected provisions of the bills and provides a
section-by-section comparison of most provisions of H.R. 5293 and S. 3570. A
shortened version of this report will be issued when final legislation is approved.



Contents
In troduction ......................................................1
Highlights of Selected Provisions of H.R. 5293 and S. 3570................2
Home and Community-Based Long-Term Care Services...............2
Role of AoA .............................................2
Role of State and Area Agencies on Aging......................2
Aging and Disability Resource Centers (ADRCs).................3
State and Area Agency on Aging Planning
for the Baby Boom Population................................3
Nutrition Services.............................................4
National Academy of Sciences Study of Nutrition................4
Other Nutrition Program Proposals............................4
National Family Caregiver Support Program........................5
Senior Community Service Employment Program
for Older Americans.......................................5
Limit on Time of Participant Enrollment.......................6
Eligibility ................................................7
Elder Justice..................................................7
AoA Responsibility for Elder Justice Issues.....................8
National Incidence Study and Data Collection Efforts.............8
Grants to States and Tribal Organizations
for Elder Justice Programs...............................8
Research and Demonstration Initiatives............................8
Model Projects for Aging in Place.............................8
Demonstration Efforts to Address Mental Illness
in Older People.......................................9
TITLE I, DECLARATION OF OBJECTIVES; DEFINITIONS.............10
DEFINITIONS ...............................................10
Assistive device, assistive technology,
and assistive technology service .........................10
Health promotion program/evidence-based health promotion ......10
Information and assistance .................................10
Aging and Disability Resource Center (ADRC) ................11
At risk of institutional placement ............................11
Long-term care facility ....................................11
Elder justice ............................................12
Exploitation .............................................12
Neglect ................................................12
Self-neglect .............................................13
Hispanic serving institution ................................13
Long-term care ..........................................13
Multivitamin-mineral supplement ...........................14
Self-directed care ........................................14
State system for long-term care ..............................15



FUNCTIONS OF THE ASSISTANT SECRETARY ON AGING.......15
Elder abuse prevention services..............................15
Mental health services.....................................17
Assistive technology......................................17
Coordination with Centers for Medicare
and Medicaid Services (CMS) regarding new benefits........18
Technical assistance regarding benefits outreach
and establishment of a National Center on Senior Benefits.....18
Data collection on home and community-based care.............19
Evidence-based disease prevention and health promotion.........19
AoA role in long-term care.................................20
Involvement of older individuals
in voluntary community activities........................23
AoA collaboration with other federal agencies:
reference to impact on persons
with limited English proficiency.........................24
Assistive Technology Act ..................................24
Coordinating committee on aging ............................24
Functions of nutrition program officer ........................29
Expertise of the nutrition officer .............................30
Set aside of funds for evaluation projects......................30
Reports on the activities under the act ........................30
Contracting and grant authority; commercial and
private pay relationships; appropriate use of act funds ........30
Nutrition education .......................................32
Pension counseling and information programs ..................32
Authorization of appropriations for Title II activities.............33
TITLE III, GRANTS FOR STATE AND
COMMUNITY PROGRAMS ON AGING ........................33
Purpose of Title III: coordination with volunteer services .............33
Authorization of appropriations: supportive, nutrition,
and disease prevention and health promotion services ........33
Authorization of appropriations: National Family
Caregiver Support Program.............................33
Area agency administrative funds to be use
for needs assessment of growing elder population...........34
State plans on aging: focus on older individuals
with limited English proficiency.........................34
State long-term care systems................................34
Puerto Rico, single planning and service area...................35
AREA PLANS ON AGING.....................................35
Area plans on aging: focus on older individuals
with limited English proficiency.........................35
Area plans on aging: focus on persons at risk
of institutional placement ..............................36
Area plans on aging: mental health services ....................36
Area plans on aging: information and assistance ................36
Area plans on aging: specific objectives for serving
older individuals .....................................37



older individuals.....................................37
Area plans on aging: outreach efforts.........................37
Area plans on aging: use of trained volunteers ..................38
Area plans on aging: advisory council membership ..............38
Area plans on aging: increasing public awareness
of mental health......................................38
Area plans on aging: comprehensive coordinated system
for home and community-based long-term care.............38
Area plans on aging: area agency costs to carry out
commercial relationships...............................39
Area plans on aging: priority for use of funds
for specified older individuals; maintaining
public purpose mission and disclosure of information
on contractual relationships.............................40
Area plans on aging: self-directed care ........................40
Area plans on aging: emergency preparedness ..................40
Area plans on aging: area agency planning
for demographic changes in the older population
in planning and service areas............................40
STATE PLANS ON AGING....................................42
State plans on aging: focus on older individuals
with limited English proficiency .........................42
State plans on aging: identifying service needs
of low-income minority older individuals
with limited English proficiency .........................42
State plans on aging: outreach to individuals
with limited English proficiency .........................42
State plans on aging: self-directed care ........................42
State plans on aging: planning for demographic changes
in the older population in the state .......................43
State plans on aging: emergency preparedness ..................43
State plans on aging: Aging and Disability Resource Centers
(ADRCs) ...........................................44
State plans on aging: non-federal share
for Title III services...................................45
NUTRITION SERVICES INCENTIVE PROGRAM.................45
Disbursement ............................................45
Bonus of commodities.....................................45
High protein foods; terms and conditions ......................45
Cash used to buy commodities..............................45
Authorization of appropriations for nutrition service
incentive program....................................46
Distribution of information regarding
federal commodity processing programs...................46
VOLUNTARY CONTRIBUTIONS FOR TITLE III SERVICES........46
Solicitation of voluntary contributions ........................46
Voluntary contributions are to supplement not supplant
Title III funds........................................47
Mandatory cost-sharing: participation of older individuals
with limited English proficiency .........................47
AoA study of cost-sharing .................................47



NUTRITION SERVICES......................................48
Nutrition services: purpose of nutrition services ................48
Nutrition services: nutrition education ........................48
Nutrition services: multivitamin-mineral supplements............49
Nutrition services: home-delivered nutrition services ...........49
Consultation with nutrition experts ...........................49
State responsibility to obtain expertise of a dietician .............49
Dietary Guidelines for Americans ...........................49
Intergenerational meals ....................................50
Nutrition screening, education and assessment ..................50
Influenza and other vaccinations ............................50
Evaluation of the Nutrition Program ..........................50
Improving indoor air quality in building
where seniors congregate...............................51
CAREGIVER SUPPORT PROGRAM............................51
Definitions ..............................................51
Support services for caregivers ..............................52
Priority to caregivers providing care to older individuals ..........52
Coordination with volunteer services .........................52
Reports on caregiver program ...............................53
Limitation on federal and non-federal funds
for relative caregiver services...........................53
Programs of national significance............................53
Allotment of funds to states.................................54
TITLE IV, RESEARCH, TRAINING, AND
DEMONSTRATION PROJECTS AND PROGRAMS...............54
Grant programs..........................................54
Authorization of appropriations for grant programs ..............55
Career preparation for the field of aging .......................56
Health care service demonstration projects in rural areas..........56
Graduate programs with capability in mental health..............56
Technical assistance and innovation to improve
transportation for older individuals.......................57
Economically sustainable transportation.......................58
Community planning for the aging population..................58
DEMONSTRATION PROJECTS
FOR MULTIGENERATIONAL ACTIVITIES .................58
Demonstration projects for multigenerational activities:
grants and contracts...................................58
Demonstration projects for multigenerational activities:
use of funds.........................................59
Demonstration projects for multigenerational activities:
preference ...........................................59
Demonstration projects for multigenerational activities:
application ..........................................60
Demonstration projects for multigenerational activities:
eligible organizations .................................60
Demonstration projects for multigenerational activities:
local evaluation and report .............................60



report to Congress....................................60
DEFINITIONS ...............................................61
Civic engagement activity ..................................61
Multigenerational activity ..................................61
Multigenerational coordinator..............................62
Native American programs.................................62
MULTIDISCIPLINARY CENTERS..............................62
Multidisciplinary centers: grant programs......................62
MULTIDISCIPLINARY HEALTH SERVICES
IN COMMUNITIES......................................64
Multidisciplinary health services in communities:
grant programs.......................................64
COMMUNITY INNOVATIONS FOR AGING IN PLACE............66
Community Innovations for Aging in Place: authorization.........66
Community Innovations for Aging in Place: definitions ..........66
Community Innovations for Aging in Place: grants..............67
Community Innovations for Aging in Place: eligibility
and application requirements............................67
Community Innovations for Aging in Place: use of funds..........68
Community Innovations for Aging in Place: required services......69
Community Innovations for Aging in Place: service areas.........69
Community Innovations for Aging in Place: supplement
and not supplant federal, state, or other funds ..............69
Community Innovations for Aging in Place: technical assistance ...70
Community Innovations for Aging in Place:
eligibility requirements for grants to provide
technical assistance...................................70
Community Innovations for Aging in Place: report to Congress.....70
CHOICES FOR INDEPENDENCE
DEMONSTRATION PROJECTS............................71
Choices for Independence: authorization.......................71
Choices for Independence: definitions.........................71
Choices for Independence: grants to states .....................72
Choices for Independence: eligibility .........................72
Choices for Independence: use of funds .......................72
Choices for Independence: public education....................73
Choices for Independence: ADRCs...........................73
Choices for Independence: Healthy Lifestyle Choices ............74
Choices for Independence: Community Living Incentives (CLI) ....75
Choices for Independence: technical assistance .................77
Choices for Independence: evaluation ........................77
Choices for Independence: responsibilities
of the Assistant Secretary...............................78
TITLE V, COMMUNITY SERVICE EMPLOYMENT
FOR OLDER AMERICANS....................................78
Title V, Community Service Employment
for Older Americans..................................78
Program authorized: purposes ..............................78
Agreements/grants to public and private non-profit
organizations/state agencies/tribal organizations ............79



PROGRAM REQUIREMENTS .....................................79
Provision of employment for eligible individuals ................79
50% of hours worked to be in community service
employment-based training .............................79
Employment in communities where eligible individuals
reside; no less than 50% of hours worked to be
in community service employment-based training ..........80
Employment for individuals, including Indians
residing on Indian reservations..........................80
Prohibition of participation by eligible individuals
exceeding a specified period ............................80
Employment in public and private non-profit
organizations/for-profit organizations.....................81
Result in unsubsidized employment ..........................81
Contribution to the community ..............................81
Provision of employment for eligible individuals ................82
Increase in employment opportunities ........................82
Prohibition of Title V enrollees performing work
of a person who is on layoff ............................82
Coordination with the Workforce Investment system ............82
Training and payment of trainees’ expenses ....................82
Safe and healthy conditions ................................83
Wages of enrollees .......................................83
Projects to be established with advice of experienced persons ......83
Payment for transportation costs/supportive services .............83
Special needs individuals ..................................83
Activities with WIA ......................................84
Sufficient administrative funds for entities ....................84
Innovative work modes and job opportunities ..................84
Reciprocity of assessments of individuals
under Title V and WIA................................84
Non-federal share ........................................84
Definition of administrative costs ............................85
Wages .................................................86
Programmatic costs: fringe benefits ..........................86
Programmatic costs: training................................86
Programmatic costs: supportive services.......................86
Limit on fund for wages and benefits of enrollees ...............86
Consultation with area agencies on aging......................87
Demonstration projects....................................87
Evaluation of Title V activities..............................88
Sense of the Senate.......................................88
STATE PLAN...............................................88
State Plan: submission, timing and comments...................88
State Plan: comments by Governor/state chief executive officer....90
State Plan: avoidance of participant disruption..................90
State Plan: collaboration by grantees that serve older Indians.......90
State Plan: distribution of assistance..........................90
COMPETITION FOR AWARD OF GRANTS......................92
Period of grant awards.....................................92



of indicators, or January 1, 2010.........................92
Eligibility criteria for awards ...............................93
PERFORMANCE MEASURES.................................94
Performance measures: establishment.........................94
Performance measures: annual requirement....................94
Performance measures: agreement on expected levels............94
Performance measures: composition .........................95
Performance measures: indicators............................95
Performance measures: additional indicators...................95
Performance measures: issuance of rules on indicators............96
Performance measures: adjustments..........................96
Performance measures:
annual publication of grantee performance.................96
Performance measures:
placement into unsubsidized employment..................96
Performance measures: retention in employment................97
Performance measures:
exemption when a grantee extends time for participation......98
CORRECTIVE ACTION AND TECHNICAL ASSISTANCE
BASED ON PERFORMANCE, AND REQUIREMENTS
FOR COMPETITION BASED ON PERFORMANCE...........98
National organizations: technical assistance
and corrective action based on performance................98
National organizations: second year of failure in meeting
performance standards — reduction of 25% of funds.........99
National organizations: third year of failure in meeting
performance standards — withdrawal of all funds...........99
National organizations: additional competition requirements
where national organizations have performance levels
20% or more below the national performance standards.......99
Performance measures: request by the Governor................100
States: technical assistance and corrective action
based on performance................................100
States: second year of failure — reduction of 25% of funds.....101
States: third year of failure — withdrawal of all funds..........101
Grantees serving individuals with barriers to employment........101
Prohibition on promulgation of rules negatively affecting
minority serving grantees..............................102
Authorization of Appropriations............................102
Unexpended funds.......................................103
DEFINITIONS ..............................................103
Community service/community service
employment-based training............................103
Eligible individuals......................................103
Individuals to have priority for work opportunities..............103
Exclusion of individuals who have participated
in Title V projects for a specified period .................104
Income ................................................104
Program ...............................................104
Supportive services......................................105
Unemployed individual...................................105



TITLE VI, GRANTS FOR NATIVE AMERICANS....................105
Distribution of funds among tribal organizations...............105
Native Americans caregiver support program..................106
TITLE VII, ALLOTMENTS FOR VULNERABLE ELDER RIGHTS
PROTECTION ACTIVITIES .................................106
Vulnerable elder rights protection activities:
ombudsman program.................................106
Native American organization provisions.....................106
Elder abuse, neglect, and exploitation prevention...............106
ELDER JUSTICE PROGRAMS: PURPOSES.....................107
DEFINITIONS ..............................................108
Caregiver ..............................................108
Direct care.............................................108
Elder .................................................108
Elder justice............................................108
Eligible entity...........................................109
Fiduciary ..............................................109
Grant .................................................109
Law enforcement ........................................109
Long-term care .........................................110
Loss of capacity .........................................110
Long-term care facility....................................110
Nursing facility.........................................110
State legal assistance developer.............................110
State long-term care ombudsman............................111
STATE AND TRIBAL GRANTS TO STRENGTHEN
LONG-TERM CARE AND PROVIDE ASSISTANCE
FOR ELDER JUSTICE PROGRAMS.......................111
State and tribal grants: authorization.........................111
State and tribal grants: application for eligibility................111
State and tribal grants: use of funds..........................111
State and tribal grants: administrative expenses................115
State and tribal grants: supplement not supplant................115
State and tribal grants: maintenance of effort..................115
State and tribal grants: accountability measures................116
State and tribal grants: evaluating programs...................116
State and tribal grants: compliance with applicable laws.........116
State and tribal grants: eligible partnerships...................116
State and tribal grants: authorization of appropriations...........117
COLLECTION OF UNIFORM NATIONAL DATA
ON ELDER ABUSE, NEGLECT, AND EXPLOITATION.......117
Collection of uniform national data: authorization..............117
Collection of uniform national data: purpose..................117
Collection of uniform national data: phase I — development
of methods of collection and reporting...................117
Collection of uniform national data: phase I — forms
and protection of privacy..............................118
Collection of uniform national data: phase II — pilot test........119
Collection of uniform national data: phase II — adjustments
to form and methods.................................119



of national data reporting forms.........................119
Collection of uniform national data: phase III — data collection
grants, authorization..................................119
Collection of uniform national data: phase III — data collection
grants, application...................................120
Collection of uniform national data: phase III — data collection
grants, requirements..................................120
Collection of uniform national data: phase III — data collection
grants, funding......................................120
Collection of uniform national data: phase III — required
information .........................................121
Collection of uniform national data: report....................121
Collection of uniform national data: authorization
of appropriations....................................121
Rule of construction......................................121
List of Tables
Table 1. Side-by-Side Comparison of Current Law,
H.R. 5293, and S. 3570........................................10



Older Americans Act Reauthorization:
Side-by-Side Comparison of Current Law,
H.R. 5293, and S. 3570
Introduction
Authorization of appropriations for the Older Americans Act of 1965 expired
at the end of FY2005. The 109th Congress is considering legislation to reauthorize
the act. H.R. 5293, the Senior Independence Act of 2006, was reported by the House
Education and Workforce Committee on June 8, 2006,1 and was passed by the House
on June 21, 2006. S. 3570, the Older Americans Act Amendments of 2006, was
ordered reported by the Senate Committee on Health, Education, Labor and Pensions
on June 28, 2006. A compromise version of the House and Senate bills may be taken
up before the end of the 109th Congress.
The Older Americans Act (OAA) is the major vehicle for the delivery of a wide
range of supportive services, as well as nutrition services and community service
employment opportunities for older people. Title II of the act authorizes activities
of the Administration on Aging (AoA). The Title III nutrition program is the major
single service funded by the act, and provides meals to older people in congregate
settings and in their homes. Title III supportive services include information and
assistance about accessing services, a range of home and community-based long-term
care, transportation, and family caregiver support services, among many others. Title
IV supports a wide range of research, training, and demonstration activities in the
field of aging. The Title V community service employment program supports
subsidized jobs for low-income people aged 55 and over. Title VI funds supportive
and nutrition services for Native American older people, and Title VII supports the
long-term care ombudsman program and services to prevent the abuse, neglect, and
exploitation of older persons. For a description of Older Americans Act programs
and funding, see CRS Report RL31336, The Older Americans Act: Programs and
Funding, by Carol O’Shaughnessy.
This report highlights selected provisions of H.R. 5293 and S. 3570, and
provides a section-by-section comparison of current law with the bills.


1 Senior Independence Act of 2006, Comm. on Education and the Workforce, House of
Representatives, H.Rept. 109-493, June 8, 2006. 109th Cong., 2nd sess.

Highlights of Selected Provisions
of H.R. 5293 and S. 3570
Home and Community-Based Long-Term Care Services
Title III supports a wide range of home and community-based long-term care
services, including personal care, homemaker and chore services, home-delivered
nutrition services, and assisted transportation. Beyond these Title III-funded
services, many state and area agencies administer home and community-based long-
term care services not funded by Title III. These include those funded by the
Medicaid Section 1915(c) home and community-based services waiver program and
by the Social Services Block Grant program (Title XX of the Social Security Act).
Some state and area agencies on aging are responsible for administering and
managing case management and assessment of the long-term care needs of older
persons and have made great strides in expanding and coordinating a variety of
services to help older persons remain at home and avoid entry into institutions. In
recent years, AoA has supported a wide range of projects that focus on home and
community-based long-term care, including Aging and Disability Resource Centers
(ADRCs).
Program planning and service delivery initiatives by states, as well as research
and demonstration initiatives by AoA and the Centers for Medicare and Medicaid
Services (CMS), have focused on what many believe to be an institutional bias in
federal program support for long-term care. (The primary federal program that
finances long-term care services is Medicaid, and most of its long-term care spending
for the elderly is for nursing home care.)
In the Older Americans Act reauthorization legislation, both the Senate
Committee and House bills define the roles of AoA and state and area agencies on
aging with respect to home and community-based services for older people.
Role of AoA . The bills would require the Assistant Secretary on Aging within
the Department of Health and Human Services (HHS) to promote the development
and implementation of comprehensive, coordinated systems at federal, state, and
local levels for providing long-term care in home and community-based settings, in
a manner responsive to the needs and preferences of older individuals and their
family caregivers. In doing so, the Assistant Secretary would be required to, among
other things, conduct research and demonstration projects to identify innovative,
cost-effective strategies for modifying state systems of long-term care; and target
services to individuals at risk for institutional placement in order to permit them to
remain in home and community-based care settings.
Role of State and Area Agencies on Aging. Likewise, the bills would
require that state and area agencies on aging develop and implement a
comprehensive, coordinated system, at their respective levels, to develop home and
community-based services. They would accomplish this by, among other things,
collaborating, coordinating and consulting with other agencies responsible for
formulating, implementing and administering long-term care programs; and making
recommendations regarding strategies to modify the state’s long-term care system in



order to respond to the needs and preferences of older individuals and family
caregivers.
Aging and Disability Resource Centers (ADRCs). In recent years, AoA
has used its Title IV research and demonstration authority to award funds for ADRCs
in 43 states. The ADRC grant program is a cooperative effort between AoA and
CMS and was developed to assist states in their efforts to create a single, coordinated
system of information and access for all persons seeking long term support to assist
them in accessing services, enhance individuals’ choice of services, and support
informed decision-making. Both H.R. 5293 and S. 3570 would provide authority
in the Older Americans Act for the Assistant Secretary to continue this initiative. In
the bills, ADRCs are defined as entities that provide comprehensive information on
available public and private long-term care programs, options, and resources and
provide personal counseling to assist individuals to develop and implement a plan to
meet long-term care needs. ADRCs are to serve as a convenient point of entry for
people needing such assistance for these programs.
State and Area Agency on Aging Planning
for the Baby Boom Population
The increasing numbers of people turning age 65 in the coming decades will
place increasing burdens on aging service providers supported by the Older
Americans Act (the first wave of the baby boom population are turning age 60 in
2006). Groups representing these providers, such as the National Association of
State Units on Aging, and the National Association of Area Agencies on Aging, have
proposed new Older Americans Act initiatives to assist state and area agencies in
their planning efforts to prepare for the growing elderly population across the nation.
While state and area agencies are already responsible for assessing the needs of the
current older population in their states and areas, the baby boom population is
expected to increase the need for resources as well as planning efforts.
Both H.R. 5293 and S. 3570 would require each state agency on aging, at the
election of the state, to include in state plans on aging an assessment of how prepared
the state is for changes in the elderly population over a 10-year period. The
assessment may also include:
!an analysis of how demographic changes may affect older
individuals, including those with low-income, greatest economic
need, minority older individuals, those residing in rural areas, and
those with limited English proficiency;
!an analysis of how the programs, policies, and services provided by
states and area agencies can be improved, and how resource levels
can be adjusted to meet the needs of the changing population of
older individuals in the state; and
!an analysis of how the change in the number of persons age 85 years
and older is expected to affect the need for supportive services.
Both bills would also authorize area agencies on aging to conduct similar
activities and to make recommendations to governmental officials on actions to build



their capacity to respond to the needs of the growing aging population, including
health and human services, land use, housing, transportation, public safety, workforce
and economic development, among others. In addition, S. 3570 would allow an
additional 1% of a state’s allotment for Title III funds to be used for area plan
administration to carry out these activities. This could only occur when
appropriations for Title III supportive, nutrition and disease prevention and health
promotion services exceed 110% of the FY2006 amount.
Nutrition Services
The Title III nutrition program is the largest single program under the Older
Americans Act. Funded at $715.1 million in FY2006, it represents 58% of Title III
funds, and 40% of the act’s total funding. Data for FY2004 (latest available) show
that of the 249 million meals served, 57% were provided to frail older persons (and
their caregivers) at home, and 43% were provided in congregate settings, such as
senior centers and schools.2
The program serves a particularly vulnerable older population. AoA data show
that about 62% of congregate nutrition participants, and 73% of home-delivered
nutrition participants, are age 75 or older. About 52% of congregate nutrition
participants, and 61% of home-delivered participants, live alone. About 56% of
congregate nutrition participants, and 66% of home-delivered participants, report that
the meals they receive through the program provided one-half or more of their daily
food intake.3
National Academy of Sciences Study of Nutrition. Both H.R. 5293 and
S. 3570 would require the Assistant Secretary to use funds set aside for evaluation
to conduct an evidence-based evaluation of the nutrition program. The evaluation
would be conducted by the Food and Nutrition Board of the Institute of Medicine
(IOM) and is to include:
!an evaluation of the effect of nutrition projects on the health and
nutrition status of participants, prevention of hunger and food
insecurity, and ability of participants to remain living independently;
!a cost-benefit analysis of nutrition projects, including their potential
to affect costs of Medicaid; and
!recommendations on how nutrition projects may be modified to
improve outcomes, and nutritional quality of meals.
Other Nutrition Program Proposals. H.R. 5293 and S. 3570 would add
several new services designed to enhance the scope of the services currently
available. The bills would add assessment and counseling as services that may be
available to participants. In addition, H.R. 5293 would allow nutrition projects to


2 U.S. Department of Health and Human Services, Fiscal Year 2007: Administration on
Aging: Justification of Estimates for Appropriations Committees, pp. 28-29.
3 Administration on Aging. Highlights from the Pilot Study: Second National Survey of
Older Americans Act Title III Service Recipients. [http://www.aoa.gov/about/results/
Final-Highlights-2nd-natioinal-survey.pdf], accessed Sept. 1, 2006.

provide participants with a multivitamin supplement along with the meal. S. 3570
does not include this provision.
National Family Caregiver Support Program
The National Family Caregiver Support Program, added to Title III by the 2000
amendments to the act, authorizes a number of services to assist caregivers of frail
older persons, including information and assistance to caregivers about available
services; individual counseling; organization of support groups and caregiver
training; respite services to provide families temporary relief from caregiving
responsibilities; and supplemental services (such as adult day care or home care
services, for example), on a limited basis, that complement care provided by family
and other informal caregivers.
Under current law, priority is to be given to older persons and their families who
have the greatest social and economic need, with particular attention to low income
individuals, and to older persons who provide care and support to persons with
mental retardation and developmental disabilities. Under current AoA guidance,
parents of children with disabilities may receive caregiver services if their children
are age 18 or younger. If the child is age 19-59, including, for example, adult
children with developmental disabilities who still need parental care, their parents are
not eligible for the act’s caregiver services. Both bills would clarify that services
may be provided to parents of a child with disabilities regardless of age of the child
(S. 3570 specifically refers to an adult child with a developmental or related
disability, while H.R. 5293 does not limit the disability type).
Under current law, grandparents or other older individuals who are relative
caregivers for children under the age of 18 may receive caregiver support services if
they are age 60 and older. Both H.R. 5293 and S. 3570 would decrease the age of
eligibility for grandparents/relative caregivers to age 55.
Senior Community Service Employment Program
for Older Americans
The community service employment program for older Americans (also known
as the Senior Community Service Employment Program, or SCSEP) has as its
purpose the promotion of useful part-time opportunities in community service
activities for unemployed low-income persons who are 55 years or older and who
have poor employment prospects. The program not only provides opportunities for
part-time employment and income for older persons, but also contributes to the
general welfare of communities by providing a source of labor for various
community service activities. Enrollees work part-time in a variety of community
service activities. The program provides for 61,050 jobs, serving about 92,300
people in FY2006.
Both H.R. 5293 and S. 3570 make changes to the Title V program, but take
different approaches. The House bill proposals are wider in scope than those in the
Senate Committee bill, and many of its proposed changes emanate from the view that
the program should place more emphasis on training of participants for unsubsidized



employment than what exists under the current program. (H.R. 5293 would change
the name of the program to Older American Community Service Employment-Based
Training Act.) While H.R. 5293 would retain the community service nature of the
jobs in which enrollees are placed, it would place more emphasis on training as part
of the program and would allow enrollees to be placed in private, for-profit
employment while serving as Title V enrollees.
Under the current program, participants primarily receive on-the-job training
after they have been placed in a community service position, rather than formal
training before placement. H.R. 5293 would decrease the amount of program funds
that could be spent on wages and fringe benefits in order to allow for an increased
amount to be used for training. Under current law, national and state grantees are to
spend 75% of their grants for wages and fringe benefits for enrollees. The remainder
is to be used for administration (between 13.5% and 15%), and other enrollee costs,
such as supportive services and training (between 10% and 12.5%). H.R. 5293
would decrease the amount to be spent on wages and fringe benefits to 65%. The
House Committee report indicates that this change would allow grantees to spend
more of their funds on classroom training and on-the-job training.4
H.R. 5293 would also allow enrollees to be placed in private, for-profit
organizations while receiving a Title V wage. The Senate bill does not make this
change and would add a provision to underline the community service employment
aspect of the program. It states that it is the sense of the Senate that the older
American community service employment program was created with the intent of
placing older individuals in community service positions to provide job training
placements; and placing older individuals in community service positions strengthens
the ability of individuals to become self-sufficient, provides much-needed volunteer
support to organizations which benefit significantly from increased civic engagement,
and strengthens the communities that are served by such organizations.
Limit on Time of Participant Enrollment. Under the current program,
there is no time limit on how long an enrollee may spend as a Title V participant. The
average length of time participants spend in the program is about 27 months. H.R.
5293 would limit participation by eligible individuals to 24 months (in the
aggregate). Individual participants could stay in the program for up to four years.
S. 3570 would allow an eligible individual to participate for up to 36 months in
the aggregate (and grantees may ask for a waiver of this limit under certain
circumstances). Under the bill, a grantee may extend the period of participation for
up to 20% of the project participants. In selecting participants for the extended
period, the grantee is to give priority to certain groups, including participants age 65
and older, those who are frail older individuals, and individuals who have more than
one barrier to employment, such as a disability, residence in an area of high
employment, or failure to find employment after using services under Title I of the
Workforce Investment Act (WIA), among other things.


4 Senior Independence Act of 2006, Comm. on Education and the Workforce, House of
Representatives, H.Rept. 109-493, June 8, 2006, 109th Cong., 2nd sess., p. 58

Eligibility. The bills make a number of changes to individual eligibility. When
determining an individual’s eligibility, H.R. 5293 and S. 3570 would exclude as
income unemployment compensation, Supplemental Security Income (SSI) benefits,
and 25% of benefits received under Title II of the Social Security Act. In addition,
S. 3570 would also exclude payments made to or on behalf of veterans or former
members of the Armed Forces under laws administered by the Secretary of Veterans
Affairs.
Elder Justice
Title VII authorizes Vulnerable Elder Rights Protection Activities. Two of the
four programs authorized have received funding — the long-term care ombudsman
program (whose purpose is to investigate and resolve complaints of residents of
nursing facilities, board and care facilities, and other adult care homes) and the elder
abuse, neglect and exploitation prevention program.5 Relatively limited resources
have been given to domestic elder abuse issues under Title VII. Most Title VII
funding is directed at the older people residing in institutions through the long-term
care ombudsman program. Of $20.2 million appropriated for FY2006 for Title VII
programs, almost three-quarters was for ombudsman activities.
As older individuals continue to live longer lives, increasing the likelihood of
age-related disability, those who rely on family, friends, or professionals for care
could become vulnerable to abuse, neglect, and exploitation. Given these
demographic trends, it is anticipated that cases of elder abuse, neglect, and
exploitation will increase. It has been difficult to estimate the number of older
people living in institutions and in the community who may be subject to elder abuse,
neglect and exploitation. Efforts to collect data on elder abuse, neglect, and
exploitation at the national level pose several problems, including variation in state
statutory definitions of elder abuse making it difficult to identify actions that
constitute abuse and neglect, and lack of a uniform reporting system across states.
Recognizing the need for a coordinated federal effort with a multidisciplinary
approach that combines law enforcement, public health, and social services to
combat abuse, neglect, and exploitation of the elderly, legislation has been
considered in recent Congresses. Senator John Breaux first introduced the Elderth
Justice Act of 2002 (S. 2933) in the 107 Congress. A similar measure (S. 333) was
introduced in the 108th Congress; the bill was approved by the Senate Finance
Committee but never taken up on the Senate floor. On November 15, 2005, Senator
Hatch introduced S. 2010, the Elder Justice Act; the bill was ordered reported by the
Senate Finance Committee on August 3, 2006.
In addition to these efforts, Congress has included provisions related to elder
justice activities in legislation to reauthorize the Older Americans Act. Both H.R.
5293 and S. 3570 focus on efforts to increase attention to elder justice issues, but take
different approaches. In both bills, elder justice is defined as efforts to prevent,


5 Two other programs are authorized, but not funded — legal assistance development and
the Native American elder rights program.

detect, treat, intervene in, and respond to elder abuse, neglect, and exploitation and
to protect elders with diminished capacity while maximizing their autonomy.
AoA Responsibility for Elder Justice Issues. The House bill would
authorize the Assistant Secretary to designate within the AoA responsibility for elder
abuse prevention and services while the Senate Committee bill would authorize the
Secretary of HHS to establish within the AoA an Office of Elder Abuse Prevention
and Services.
National Incidence Study and Data Collection Efforts. S. 3570 would
authorize the Assistant Secretary to carry out a study to determine the national
incidence and prevalence of elder abuse, neglect, and exploitation in all settings. In
addition, the bill would add a provision for the collection of uniform national data on
elder abuse, neglect, and exploitation. The purpose of this provision of the bill is to
improve, streamline, and promote uniform collection, maintenance, and
dissemination of national data relating to the various types of elder abuse, neglect,
and exploitation.
Grants to States and Tribal Organizations for Elder Justice
Programs. S. 3570 would authorize funds for grants to states and Indian tribes to
strengthen long-term care and provide assistance for elder justice programs. Among
other things, state and tribal grants would be used for the following activities:
!prevention, detection, assessment, and treatment of, intervention in,
investigation of, and response to elder abuse, neglect, and
exploitation;
!examination of various types of elder shelters (referred to as “safe
havens”), and to test various safe haven models; and
!support for multidisciplinary elder justice activities.
Research and Demonstration Initiatives
S. 3570 would add authority for the Assistant Secretary on Aging to conduct
several new demonstration programs under Title IV. Among these are demonstration
projects for model projects to assist older people to age in place, including in
Naturally Occurring Retirement Communities (NORCs); and for mental health
services for older people. H.R. 5293, as passed by the House, makes no changes to
the Title IV research, training, and demonstration program.
New research and demonstration programs contained in S. 3570 include the
following.
Model Projects for Aging in Place. Many communities around the country
are experimenting with ways to assist older people who have “aged in place,” that is
who have resided in their own homes independently for many years, and now may
need a variety of supportive services to assist them to continue to do so. In recent
years, House and Senate appropriation legislation has included earmarks for a
number of projects to provide support for organizations that assist these “Naturally
Occurring Retirement Communities” (NORCs). For example, for FY2007, the
House and Senate Appropriations Committees have earmarked funds for,



respectively, 15 and 5 NORC projects as part of the AoA Title IV research and
demonstration program.6
Under current Older Americans Act statute, there is no explicit authority to
carry out NORC projects. S. 3570 would require that the Assistant Secretary award
Title IV funds to carry out model aging in place projects, including NORCs. The aim
of these projects would be to help sustain the independence of older individuals in
communities where the individuals have established personal, family, and
professional supportive networks. The bill defines Naturally Occurring Retirement
Community as a residential building, a housing complex, an area (including a rural
area) of single family residences, or a neighborhood composed of age-integrated
housing where 40% of the heads of household are older individuals; or a critical mass
of older individuals that exists, based on local factors which, taken in total, allow an
organization to achieve efficiencies in the provision of health and social services to
older individuals living in the community; and that is not an institutional care or
assisted living setting.
Entities that would receive funds under this demonstration would be required
to provide comprehensive and coordinated health and social services, including the
following services: case management, case assistance, and social work services;
health care management and health care assistance; education, socialization, and
recreational activities; volunteer opportunities for project participants; and
coordinating the services provided under Title III for eligible older individuals served
by the project.
Demonstration Efforts to Address Mental Illness in Older People.
S. 3570 would add a new provision requiring the Assistant Secretary to make
competitive grants to states to develop systems for the delivery of mental health
screening and treatment services for older individuals who lack access to such
services and programs. The purpose of the grants would be to
!increase public awareness regarding the benefits of prevention and
treatment of mental disorders in older individuals;
!reduce the stigma associated with mental disorders in older
individuals and other barriers to the diagnosis and treatment of the
disorders; and
!reduce age-related prejudice and discrimination regarding mental
disorders in older individuals.


6 House Committee on Appropriations, Departments of Labor, Health and Human Services,
and Education, and Related Agencies, H.Rept. 109-515, 109th Cong., 2nd sess., p. 161ff;
Senate Committee on Appropriations, Departments of Labor, Health and Human Services,thnd
and Education and Related Agencies, S.Rept. 109-287, 109 Cong., 2 sess., p. 212.

CRS-10
Table 1. Side-by-Side Comparison of Current Law, H.R. 5293, and S. 3570
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
N OF OBJECTIVES; DEFINITIONS
FINITIONS
ive device, assistiveNo provision.Defines assistive device, assistive technology,No provision.
nology, and assistiveand assistive technology service to have the
nology servicesame meaning as section 3 of the Assistive
Technology Act of 1998 (29 U.S.C. 3002).
(p. 3)
iki/CRS-RL33660th promotionDefines health promotion programs asChanges the term to evidence-based healthSame as H.R. 5293, but would eliminate
g/wrogram/evidence-basedprograms that include, but are not limitedpromotion programs which include programsreference to improving nutrition through the
s.orealth promotionto, programs relating to prevention andrelated to the prevention and mitigation of theconsumption of a healthful diet and
leakreduction of effects of chronic disablingeffects of chronic disease (includingmultivitamin-mineral supplementation. (p. 2)
conditions (including osteoporosis andosteoporosis, hypertension, obesity, diabetes,
://wikicardiovascular disease), alcohol andand cardiovascular disease), alcohol and
httpsubstance abuse reduction, smokingsubstance abuse reduction, smoking cessation,
cessation, weight loss and control, andweight loss and control, stress management,
stress management. These programs arefalls prevention, physical activity, and
part of the broader definitions of diseaseimproved nutrition through the consumption of
prevention and health promotion services.a healthful diet and multivitamin-mineral
supplementation. (p. 3)
ormation and assistanceDefines information and assistance asAdds reference to older individuals at risk forSame as H.R. 5293. (p. 2)


services that, among other things, serve theinstitutional placement. (p. 3)
entire community of older individuals,
particularly, older individuals at greatest
social need and with greatest economic
need.

CRS-11
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
ing and Disability No provision.Defines ADRCs as a program established by aSimilar to H.R. 5293, except defines ADRCs
state, as part of the state’s system of long-termas center (rather than program). (p. 4)
care, to provide a coordinated system for —
comprehensive information on availableSame as H.R. 5293. (p. 4)
public and private long-term care programs,
options, and resources; (p. 5)
personal counseling to assist individuals inSame as H.R. 5293. (p. 4)
assessing their existing or anticipated long-
term care needs, and developing and
implementing a plan for long-term care
iki/CRS-RL33660designed to meet their specific needs and
g/wcircumstances; and (p. 5)
s.or consumer access to the range of publicly-Similar to H.R. 5293, except refers to
leaksupported long-term care programs for whichconsumers (rather than they). (p. 4)
://wikithey may be eligible, by serving as aconvenient point of entry for such programs.
http(p. 5)
risk of institutionalNo provision.Defines at risk for institutional placement as anSame as H.R. 5293, except refers to
entolder individual who is unable to perform atsubstantial assistance (rather than substantial
least two activities of daily living withouthuman assistance) and does not require, but
substantial human assistance (including verbalincludes an older individual who is
reminding, physical cuing, or supervision) anddetermined by state to be in need of
is determined by the state to be in need ofplacement in a long-term care facility. (p. 4)
placement in a long-term care facility. (p. 6)
ng-term care facilityDefines long-term care facility as — No change in current law. Adds reference to an assisted living facility.
any skilled nursing facility, as defined in(p. 3)


section 1819(a) of the Social Security
Ac t ;
any nursing facility, as defined in section
1919(a) of the Social Security Act;

CRS-12
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
for the purposes of sections 307(a)(12)
and 712, a board and care facility; and
any other adult care home similar to a
facility or institution.
lder justiceNo provision.Defines elder justice as efforts to prevent,No provision in Title II of the act. Elder
detect, treat, intervene in, and respond to elderjustice is defined in Title VII, as efforts to
abuse, neglect, and exploitation and to protectprevent, detect, treat, intervene in, and
elders with diminished capacity whilerespond to elder abuse, neglect, and
maximizing their autonomy. (p. 6)exploitation and to protect elders with
diminished capacity while maximizing their
autonomy; and from an individual
iki/CRS-RL33660perspective, the recognition of an elders
g/wrights, including the right to be free of abuse,
s.orneglect, and exploitation. (p. 114)
leak
xploitationDefines exploitation as the illegal orDefines exploitation as the fraudulent orSimilar to H.R. 5293, except that reference to
://wikiimproper act or process of an individual,otherwise illegal, unauthorized, or improper actindividual includes a caregiver or fiduciary.
httpincluding a caregiver, using the resourcesof an older individual for monetary oror process of an individual who uses theresources of an older individual for monetary or(p. 2)
personal benefit, profit, or gain.personal benefit, profit, or gain, or that results
in depriving an older individual of rightful
access to, or use of, benefits, resources,
belongings, or assets. (p. 4)
Defines neglect asDefines neglect as the failure of a caregiver orSimilar to H.R. 5293, except refers to an
the failure to provide for oneself thefiduciary to provide goods or services that areolder individual (rather than elder). (p. 3)


goods or services that are necessary tonecessary to maintain the health or safety of an
avoid physical harm, mental anguish, orelder; or self-neglect. (p. 4)
mental illness; or
the failure of a caregiver to provide the
goods or services.

CRS-13
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
No provision.Defines self-neglect as an adult’s inability, dueSame as H.R. 5293. (p. 3)
to physical or mental impairment or diminished
capacity, to perform essential self-care tasks
including obtaining essential food, clothing,
shelter, and medical care; obtaining goods and
services necessary to maintain physical health,
mental health, or general safety; or managing
ones own financial affairs. (p. 9)
ispanic serving institutionNo provision.Defines Hispanic serving institution to have theSame as H.R. 5293. (p. 5)
same meaning as in section 502 of the Higher
Education Act of 1965 (20 U.S.C. 1101a).
iki/CRS-RL33660(p. 6)
g/w
s.orong-term careNo provision.Defines long-term care as any services, care, orSame as H.R. 5293, except that the term
leakitems (including assistive devices), includinglong-term care does not include disease
disease prevention and health promotionprevention and health promotion services, in-
://wikiservices, in-home services, and casehome services, and case management
httpmanagement services services. (p. 5)
intended to assist individuals in coping with,Same as H.R. 5293. (p. 5)
and to the extent practicable compensate for,
functional impairments in carrying out
activities of daily living; (p. 7)
furnished at home, in a community careSame as H.R. 5293. (p. 5)
setting (including a small community care
setting as defined in subsection (g)(1), and a
large community care setting as defined in
subsection (h)(1), of section 1929 of the
Social Security Act (42 U.S.C. 1396t)), or in
a long-term care facility; and (p. 7)
not furnished to prevent, diagnose, treat, orSame as H.R. 5293, except does not include
cure, a medical disease or condition. (p. 7)the term prevent. (p. 5)



CRS-14
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
ultivitamin-mineralNo provision.Defines multivitamin-mineral supplement as aNo provision.
entdietary supplement that provides at least two-
thirds of the essential vitamins and minerals at
100 percent of the daily value levels as
determined by the Food and Drug
Administration. (p. 7)
No provision.Defines self-directed care as an approach toSame as H.R. 5293 with slightly different
providing services (including programs,wording. (p. 5)
benefits, supports, and technology) under this
act intended to assist an older individual with
activities of daily living, in which
iki/CRS-RL33660
g/w services (including the amount, duration, Same as H.R. 5293. (p. 6)
s.orscope, provider, and location of services) are
leakplanned, budgeted, and purchased under the
direction and control of such individual;
://wiki(p. 8)
http the individual is provided with information Similar to H.R. 5293, except refers to an
and assistance as necessary and appropriate toindividuals service options (rather than
enable informed decisions about his or hercare options). (p. 6)
care options; (p. 8)
the individual’s needs, capabilities, andSimilar to H.R. 5293, except that services are
preferences for services and the individual’sassessed by the area agency on aging
ability to direct and control his or her receiptinvolved or the local provider agency (rather
of services, are assessed by the area agencythan an agency designated by the area
on aging (or other agency designated by theagency on aging). (p. 6)
area agency on aging); (p. 8)
based on the assessment, the area agency onSimilar to H.R. 5293, except that upon
aging (or other agency designated by the arearequest the area agency on aging assists the
agency on aging) together with theindividual and the individual’s family,
individual’s family, caregiver, or legalcaregiver, or legal representative in
representative develops a plan of services thatdeveloping the plan, role of family, and
specifies which services the individual will bebudget. (p. 6)


responsible for directing; a determination of
the role of family members (and others whose
participation is sought by the individual) in

CRS-15
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
providing services under such plan; and a
budget for services; (p. 9)
the area agency on aging or state agencySame as H.R. 5293, but refers to the area
provides for oversight of such individualsagency on aging or state agency involved.
self-directed receipt of services, including(p. 7)
steps to ensure the quality of services
provided and the appropriate use of funds
under this act. (p. 9)
ystem for long-termNo provision.Defines state system for long-term care as theSame as H.R. 5293. (p. 7)
federal, state, and local programs and activities
iki/CRS-RL33660administered by a state that provide, support, or
g/wfacilitate access to long-term care to individuals
s.orin such state. (p. 10)
leak ADMINISTRATION ON AGING (AoA)
://wikiIONS OF THE ASSISTANT SECRETARY ON AGING
http
lder abuse preventionNo provision.The bill would authorize the Assistant SecretaryThe bill would authorize the Secretary of
ervicesto designate within the AoA responsibility forHealth and Human Services (HHS) to
elder abuse prevention and services. (p. 10)establish or designate within the AoA an
Office of Elder Abuse Prevention and
Services. (p. 7)
The bill would require the Assistant Secretary,Same as H.R. 5293. (p. 8)
acting through the person designated with
responsibility for elder abuse prevention and
services, to develop objectives, priorities,
policy and a long-term plan for
carrying out elder justice programs andSame as H.R. 5293. (p. 8)


activities relating to elder abuse prevention,
detection, treatment, intervention, and
response; training of individuals in these
matters; and improvement of the elder justice
system in the U.S.; (p. 10)

CRS-16
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
collecting and disseminating data relating toSame as H.R. 5293, would add that collecting
the abuse, neglect, and exploitation of olderand disseminating data will be conducted
individuals; (p. 11)annually and authorizes the Secretary to
include vulnerable adults (in addition to
older adults). (p. 8)
No provision.Would also authorize the inclusion of data
under section 753 (as added by the bill) after
consultation with the Attorney General and in
collaboration with experts from the
Department of Justice. (p. 8)
iki/CRS-RL33660 disseminating information concerning best Same as H.R. 5293, but would authorize
g/wpractices regarding, and providing trainingthe Secretary to include vulnerable adults
s.oron, carrying out activities related to abuse,(in addition to older individuals). (p. 9)
leakneglect, and exploitation of older individuals;
(p. 11)
://wiki conducting research related to abuse, neglect, Same as H.R. 5293, would require the
httpand exploitation of older individuals; (p. 11)Assistant Secretary to conduct research in
conjunction with the necessary experts and
authorizes the Secretary to include
vulnerable adults (in addition to older
individuals). (p. 9)
providing technical assistance to states and Similar to H.R. 5293 with different
other eligible entities under Title VII; (p. 11)wording and refers to subtitle B of Title VII
as added by the bill. (p. 9)
assisting states and other eligible entitiesNo provision.
under Title VII to develop strategic plans to
better coordinate elder justice activities,
research, and training; and (p. 11)
promoting collaborative efforts andNo provision.


diminishing duplicative efforts in the
development and carrying out of elder justice
programs at the federal, state, and local
levels. (p. 11)

CRS-17
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
tional study on incidenceNo provision.No provision.Would authorize the Assistant Secretary to:
carry out a study to determine the national
buse, neglect, andincidence and prevalence of elder abuse,
ploitationneglect, and exploitation in all settings; and
implement the overall policy and a strategy
to carry out the plan described above; and
provide advice to the Secretary on elder
justice issues and administer such programs
relating to elder abuse, neglect, and
exploitation as the Secretary determines to
be appropriate.
iki/CRS-RL33660The Secretary, acting through the Assistant
g/wSecretary, may issue such regulations as may
s.orbe necessary to carry out this subsection and
leaksubtitle B of Title VII as added by the bill.
(p. 9)
://wiki
httpental health servicesNo provision.The bill would authorize the Assistant SecretaryNo provision.
to designate an officer or employee who shall
be responsible for the administration of mental
health services authorized under the act.
The Assistant Secretary, acting through the
officer or employee, would be required to
develop objectives, priorities, and a long-term
plan for supporting state and local efforts
involving education, prevention, and detection,
and treatment of mental disorders, including
age-related dementia, depression, and
Alzheimer’s disease and related neurological
disorders. (p. 12)
ive technologySection 202(a)(5) requires the AoA toThe bill would add assistive technologies to theNo provision.


develop plans, conduct and arrange forlist of programs. (p. 12)
research in the field of aging, and assist in
the establishment and implementation of
programs designed to meet the needs of
older individuals for supportive services

CRS-18
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
(including nutrition), hospitalization,
education and training services (including
preretirement training, and continuing
education); low-cost transportation and
housing; and health (including mental
health) services.
ordination with CentersNo provision.The bill would require the Assistant SecretarySame as H.R. 5293, but does not include
edicare and Medicaidto consult and coordinate activities with therequirement to coordinate with other federal
(CMS) regardingCMS and other federal entities to implemententities. (p. 10)
benefitsand build awareness of programs providing
benefits affecting older individuals. (p. 12)
iki/CRS-RL33660
g/wechnical assistanceSection 202(a)(20) requires the AoA toThe bill would add reference to serviceNo provision.
s.orarding benefits outreachencourage and provide technical assistanceproviders to carry out outreach activities. It
leaknd establishment of ato states and area agencies on aging, towould require outreach regarding any other
ational Center on Seniorcarry out outreach to inform olderapplicable federal programs, or any other
://wikinefitsindividuals with greatest economic needservice (including technology and internet-
httpwho may be eligible to receive, but are notreceiving, benefits under the Supplementalbased decision support tools) to assistconsumers to learn about, to receive benefits
Security Income (SSI), Medicaid, and foodunder, and to participate in programs for which
stamps programs.they may be eligible. (p. 13)
The bill would require AoA to provideSimilar to H.R. 5293, with different wording.
technical assistance and support for benefitsAlso refers to greatest economic need. (p. 11)
enrollment assistance and outreach to support
efforts to inform and enroll low-income older
individuals who may be eligible to participate,
but who are not participating, in federal and
state programs for which they are eligible, and
may in cooperation with federal partners, make
grants or contracts to establish a National
Center on Senior Benefits Outreach and
Enrollment, which is required to
maintain and update web-based decisionSimilar to H.R. 5293, with slightly different
supports and enrollment tools and integrated,wording. Also refers to benefits under
person-centered systems designed to informfederal and state programs. (p. 11)


older individuals about the full range of

CRS-19
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
benefits for which they may be eligible;
(p. 14)
utilize cost-effective strategies to find andSame as H.R. 5293, with slightly different
enroll those with greatest economic need; wording. (p. 11)
(p. 14)
create and support efforts for ADRCs, andSame as H.R. 5293, with slightly different
other public and private state and community-wording. (p. 11)
based organizations and coalitions, including
faith-based organizations, to serve as
enrollment benefit centers; (p. 14)
iki/CRS-RL33660
g/w develop and maintain an informationSimilar to H.R. 5293, with slightly different
s.orclearinghouse on best practices and cost-effective methods for identifying andwording. Also refers to individual withgreatest economic need, instead of limited
leakenrolling limited income older Americans inincome (in the act greatest economic need
://wikibenefits for which they are eligible; and (p. 14)refers to income below the federal povertylevel). (p. 12)
http
provide, in collaboration with federal partnersSame as H.R. 5293, slightly different
administering programs, training andwording. Also refers to follow-up strategies
technical assistance on effective outreachfor federal and state programs. (p. 12)
screening, enrollment and follow-up
strategies. (p. 14)
on home andSection 202(a)(26)(D) requires AoA toThe bill would eliminate reference to gaps inSimilar to H.R. 5293. (p. 12)
munity-based caredesign and implement data collectionservices needed, and change reference to
procedures, including procedures forservices needed by older individuals (including
collecting information on gaps in servicesservices that would permit such individuals to
needed by older individuals.receive long-term care in home and
community-based settings). (p. 15)
idence-based diseaseNo provision.The bill would add a new provision requiringSame as H.R. 5293, but would make
ention and healthAoA to make available to states, area agencies,information available to states only. (p. 13)


romotionand service providers, information and
technical assistance to support the provision of
evidence-based disease prevention and health
promotion services. (p. 15)

CRS-20
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
A role in long-term careSection 202(b) requires AoA to strengthenThe bill would rewrite requirements for AoAsSame as H.R. 5293. (p. 13)


its involvement in the development ofrole in long-term care. It would require the
policy alternatives in long-term care and toAssistant Secretary to promote the development
give the development of communityand implementation of comprehensive,
alternatives priority attention. In doing so,coordinated systems at federal, state, and local
the Assistant Secretary is required to — levels for providing long-term care in home and
develop planning linkages withcommunity-based settings, in a manner
utilization and quality control peerresponsive to the needs and preferences of
review organizations under Title XI ofolder individuals and their family caregivers. In
the Social Security Act, the Substancedoing so, the Assistant Secretary would be
Abuse and Mental Health Servicesrequired to
Administration (SAMHSA), and the collaborate, coordinate, and consult with
iki/CRS-RL33660Administration on Developmentalother federal agencies and departments
g/wDisabilities (ADD);responsible for formulating and implementing
s.or participate in all departmental andprograms, benefits, and services related to
leakinterdepartmental activities related toproviding long-term care, and authorize the
institutional and noninstitutional long-Assistant Secretary to make grants, contracts,
://wikiterm health care services development; and cooperative agreements with funds
http review and comment on all departmentalreceived from other federal entities;
regulations and policies on community conduct research and demonstration projects
health and social service development forto identify innovative, cost-effective
older individuals; andstrategies for modifying state systems of
participate in all departmental andlong-term care to respond to the needs and
interdepartmental activities to provide apreferences of older individuals and family
leadership role for AoA, and for statecaregivers; and target services to individuals
and area agencies on aging in theat risk for institutional placement, to permit
development and implementation ofthem to remain in home and community-
national community-based long-termbased care settings; and
care programs for older individuals. establish criteria and promote the
implementation (through area agencies on
aging, service providers, and such other
entities as the Assistant Secretary determines
to be appropriate) of evidence-based
programs to assist older individuals and their
family caregivers in learning about and
making behavioral changes intended to
reduce the risk of injury, disease, and
disability among older individuals. (p. 16)

CRS-21
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
e and community-basedNo provision.Facilitate, in coordination with CMS, the CashSimilar to H.R. 5293; excludes reference to
ng-term care, and models forand Counseling National Program office, andthe Cash and Counseling National Program
eother federal entities as appropriate, theoffice and other federal entities as
provision of long-term care in home andappropriate, but would facilitate with CMS.
community-based settings, including self-care(p. 14)
models that —
ssment of needs provide for the assessment of the needs andSame as H.R. 5293, except refers to
preferences of an individual at risk forinstitutional placement (rather than nursing
institutional placement to help them avoidhome placement), and has slightly different
unnecessary nursing home placement andwording. (p. 14)
depletion of income and assets to qualify for
iki/CRS-RL33660Medicaid eligibility; (p. 17)
g/w
s.or respond to the needs and preferences of theSimilar to H.R. 5293 with different wording.
leaknd control supportiveindividual and provide him/her (orIncludes a definition of representative. (p.
ervicesrepresentative, as appropriate) the option to15)
://wikidirect and control the receipt of support
httpservices provided; and (p. 17)
idual plan for long-term assist an older individual (or a representative,Same H.R. 5293, slightly different wording.
as appropriate) develop a plan for long-term(p. 15)
support, including the selecting, budgeting,
and purchasing of home and community-
based long-term care and supportive services;
(For purposes of this paragraph, the term
representative’ means a person appointed by
the eligible individual, or legally acting on the
individuals behalf to represent or advise the
individual in financial or service coordination
matters). (p. 17)
A to play lead role in long-No provision. Require the AoA to play a lead role withSame as H.R. 5293. (p. 15)


carerespect to issues concerning home and
community-based long-term care, including
directing (as the Secretary or the President
determines to be appropriate) or otherwise
participating in departmental and
interdepartmental activities concerning long-

CRS-22
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
term care;
reviewing and commenting on departmental
rules, regulations, and policies related to
providing long-term care; and
making recommendations to the Secretary
with respect to home and community-based
long-term care, including recommendations
based on findings made through research and
demonstration projects to modify state long-
term care systems. (p.18)
ance planning for long-No provision. Promote, in coordination with other appropriateSame as H.R. 5293. (p. 16)
iki/CRS-RL33660 carefederal agencies, enhanced public awareness
g/wfor the importance of planning in advance for
s.orlong-term care and the availability of
leakinformation and resources to assist in such
planning. (p. 19)
://wiki
httping and DisabilityNo provision.Implement in all states ADRCs — to serve as visible and trusted sources ofNo provision. (See section on ADRCs inTitle III under State plans.)


information on the full range of long-term
care options that are available in the
community, including both institutional and
home and community-based care;
to provide personalized and consumer
friendly assistance to empower people to
make informed decisions about their care
o p tio ns;
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;
to help people to plan ahead for their future
long-term care needs; and
to assist, in coordination with the state Health
Insurance Assistance Program, Medicare
beneficiaries in understanding and accessing
the Prescription Drug Coverage and

CRS-23
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
preventative health benefits available under
the Medicare Modernization Act. (p. 19)
ational technical assistanceNo provision. The bill would establish, either directly orSimilar to H.R. 5293, refers to a national
rograms for home andthrough grants or contracts, national technicaltechnical assistance program (rather than
munity-based servicesassistance programs to assist state agencies,programs) and the term evidence-based does
area agencies on aging, and community-basednot include health promotion and disease
service providers funded under this act inprevention programs. (p. 16)
implementing home and community-based
long-term care systems, including evidence-
based health promotion and disease prevention
programs. (p. 20)
iki/CRS-RL33660
g/wance standards forNo provision. Develop, in collaboration with theSame as H.R. 5293. (p. 17)
s.or careAdministrator of CMS, performance standards
leakand measures for use by states to determine the
extent to which their systems of long-term care
://wikifulfill the objectives described in this
httpsubsection. (p. 20)
careNo provision. Conduct such other activities as the AssistantSame as H.R. 5293. (p. 17)
vitiesSecretary determines to be appropriate. (p. 21)
nvolvement of olderNo provision.The bill would require the Assistant Secretary,Similar to H.R. 5293 with slightly different
iduals in voluntaryin consultation with the Corporation forwording. (p. 17)
munity activitiesNational and Community Service to
encourage and permit voluntary groups activeSimilar to H.R. 5293, but references national
in supportive services and civic engagement,service programs. (p. 17)
including youth organizations active at the
secondary or postsecondary levels, to
participate and be involved individually or
through representative groups, in such
programs or activities to the maximum extent
feasible; (p. 21)
develop a comprehensive strategy forSimilar to H.R. 5293, but does not reference
utilizing older individuals to address criticalengagement of older individuals in the
local needs of national concern, including theactivities of public and nonprofit
engagement of older individuals in theorganizations, such as community-based and



CRS-24
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
activities of public and nonprofitfaith-based organizations. (p. 17)
organizations such as community-based and
faith-based organizations; and (p. 21)
encourage other community capacity buildingSimilar to H.R. 5293, but does not reference
initiatives involving older individuals, withwith particular attention to initiatives that
particular attention to initiatives thatdemonstrate the effectiveness and cost
demonstrate the effectiveness and costsavings in meeting critical needs. (p. 18)
savings in meeting critical needs. (p. 21)
A collaboration with otherSection 203(a) requires the heads ofThe bill would add reference to olderSame as H.R. 5293. (p.18)
: reference tofederal departments, agencies, orindividuals with limited English proficiency. (p.
iki/CRS-RL33660pact on persons withinstrumentalities administering programs22)
g/wited English proficiencyand services related to the Older
s.orAmericans Act to develop a written
leakanalysis of their impact on older
individuals (with particular attention to
://wikilow-income minority older individuals and
httpolder individuals residing in rural areas)and Title V eligible individuals.
ssistive Technology ActSection 203(a) requires the AoA toThe bill would add reference to sections 4 andSame as H.R. 5293. (p. 18)
coordinate, advise and consult with heads5 of the Assistive Technology Act of 1998 (29
of numerous federal agencies andU.S.C. 3003-3004). (p. 22)
programs.
ordinating committee onNo provision.No provision.The bill would require the Secretary of HHS
ngto establish an interagency coordinating
committee (Committee) focusing on the
coordination of agencies with respect to
aging issues, particularly related to
demographic changes and housing needs
among older individuals. This would be
established in collaboration with the
Secretary of Labor, the Secretary of Housing
and Urban Development (HUD), the
Attorney General, the Secretary of



CRS-25
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
Transportation, the Secretary of the Treasury,
the Secretary of Agriculture, the
Commissioner of Social Security, the
Surgeon General, the Administrator of CMS,
the Director of the Centers for Disease
Control and Prevention, the Director of the
National Institutes of Health, the Assistant
Secretary for Children and Families, the
Administrator of the National Highway
Traffic Safety Administration, and such other
federal officials as the Secretary of HHS
determines to be appropriate. (p. 18)
iki/CRS-RL33660
g/wThe bill would require the Secretary of HHS
s.orto serve as the first chairperson of the
leakCommittee, for an initial period of two years.
After the initial period, the bill would require
://wikithe Secretary of HUD and the Secretary of
httpHHS to alternate as chairpersons, each
serving as chairperson for a period of two
years. (p. 19)
The Committee is required to:
1) review all federal programs and services
that assist older individuals in finding and
affording housing, health care, and other
services, including those federal programs
and services that assist older individuals in
accessing health care, transportation,
supportive services, and assistance with daily
activities, at the place or close to the place
where the older individuals live;
2) monitor, evaluate, and recommend
improvements in programs and services
administered, funded, or financed by federal,
state, and local activities to assist older



CRS-26
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
individuals in meeting their housing, health
care, and other service needs and make any
recommendations about how the agencies can
better carry out and provide the programs and
services to house and serve older individuals;
recommend ways to —
facilitate aging in place, by identifying and
making available the programs and services
necessary to enable older individuals to
remain in their homes as they age;
reduce duplication by federal agencies of
programs and services to assist in meeting
iki/CRS-RL33660older individuals housing, health care, and
g/wother service needs;
s.or ensure collaboration among and within
leakagencies in providing and making available
programs and services so that older
://wikiindividuals are able to easily access needed
httpprograms and services;
work with states to better provide housing,
health care, and other services to older
individuals by holding individual meetings
with state representatives, providing
ongoing technical assistance to states about
better meeting the needs of older
individuals; and working with states to
designate state liaisons for the Committee;
identify model programs and services to
assist older individuals in meeting their
housing, health care, and other service
needs, including programs linking housing,
health care, and other services, financing
products offered by government, quasi-
government, and private sector entities, and
innovations in technology applications that
give older individuals access to information



CRS-27
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
on available services or that help in
providing services to older individuals;
collect and disseminate information about
older individuals and the programs and
services available to them to ensure that
they can access comprehensive
information; and
work with the Federal Interagency Forum
on Age-Related Statistics, the Bureau of the
Census, and member agencies to collect
and maintain data relating to the housing,
health care, and other service needs of older
iki/CRS-RL33660individuals so that all such data can be
g/waccessed in one place on a designated
s.orwebsite; and to identify and address unmet
leakdata needs. (p. 20)
://wiki3) Make recommendations to guide policy
httpand program development across federal
agencies with respect to demographic
changes among older individuals; and (p. 22)
4) Actively seek input from and consult with
all appropriate and interested parties,
including public health interest and research
groups and foundations about these activities.
(p. 23)
Each year, the Committee is required to
prepare and submit to the President, the
Committee on Financial Services of the
House of Representatives, the Committee on
Education and the Workforce of the House of
Representatives, the Committee on Banking,
Housing and Urban Affairs of the Senate, the
Committee on Health, Education, Labor, and
Pensions of the Senate, and the Special



CRS-28
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
Committee on Aging of the Senate, a report
that —
describes the activities and
accomplishments of the Committee in
working with federal, state, and local
governments, and private organizations, in
coordinating programs and services to meet
the requirements of the Committee; (p. 23)
assesses the level of federal assistance
required to meet the needs described for the
Committee; (p. 23)
incorporates an analysis from the head of
iki/CRS-RL33660each agency that is a member of the
g/wCommittee that describes the barriers and
s.orimpediments, including barriers and
leakimpediments in statutory and regulatory
law, to the access and use by older
://wikiindividuals of programs and services
httpadministered by such agency; and (p. 23)
makes recommendations for appropriate
legislative and administrative actions to
meet the needs described for the Committee
and/or coordinating programs and services
designed to meet those needs. (p. 24)
The Secretary of HHS is required to appoint
an executive director of the Committee, after
consultation with the Secretary of HUD. 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. (p. 24)



CRS-29
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
unctions of nutritionSection 205 requires the AoA nutritionThe bill would change the reference toSame as H.R. 5293. (p. 25)
rogram officerproject officer to carry out a number ofdesigning, implementing, and evaluating
functions. These include:evidence-based programs to support improved
designing, implementing, and evaluatingnutrition and regular physical activity for older
nutrition programs;individuals. (p. 23)
disseminating information to nutritionThe bill would require the officer to conductSame as H.R. 5293. (p. 25)
service providers about nutritionoutreach and disseminate evidence-based
advancements.information to nutrition service providers about
the benefits of healthful diets and regular
physical activity, including information about
the most current Dietary Guidelines for
iki/CRS-RL33660Americans published under section 301 of the
g/wNational Nutrition Monitoring and Related
s.orResearch Act of 1990 (7 U.S.C. 5341), the
leakFood Guide Pyramid published jointly by the
Secretary of HHS and the Secretary of
://wikiAgriculture, and advances in nutrition science.
http(p. 23)
No provision.The bill would require the officer to:Same as H.R. 5293, but does not include
disseminate guidance that describes strategiesreference to strategies for increasing the
for improving the nutritional quality of mealsconsumption of whole grains, low-fat dairy
provided under Title III, particularlyproducts, fruits, and vegetables. (p. 26)
strategies for increasing the consumption of
whole grains, low-fat dairy products, fruits
and vegetables; (p. 24)
No provision. develop and disseminate guidelines forNo provision.
conducting nutrient analyses of meals,
including guidelines for averaging key
nutrients over an appropriate period of time;
and (p. 24)
No provision. provide technical assistance to the AoASame as H.R. 5293. (p. 26)


regional offices. (p. 24)

CRS-30
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
xpertise of the nutritionSection 205(a)(2)(C) requires that theThe bill would require the officer to haveSimilar to H.R. 5293, but does not include
nutrition officer have expertise in nutritionexpertise in nutrition, energy balance, and mealexpertise in energy balance. (p. 26)
and dietary services and planning.planning. (p. 24)
aside of funds forSection 206 authorizes the Secretary to useThe bill would authorize the Secretary to use upSame as H.R. 5293. (p. 26)
uation projectssuch funds as may be necessary, but not toto ½ of 1 percent of Title III funds for
exceed $3 million (of which $1.5 millionevaluation. (For FY2006, for example, this
shall be available from Title III fundswould amount to $6 million rather than $3
appropriated and $1.5 million shall bemillion in current law). (p. 25)
available from Title IV funds), to conduct
evaluations under this section.
iki/CRS-RL33660eports on the activitiesSection 207(b)(2) requires the AssistantThe bill would change the provision to requireSame as H.R. 5293. (p. 27)
g/wSecretary to submit a report on activitiesthe report be submitted to
s.orunder the act to — the Special Committee on Aging of the
leak the Special Committee on Aging of theSenate;
Senate; the Committee on Education and the
://wiki the Committee on Education and LaborWorkforce of the House of Representatives;
httpof the House of Representatives; and the Committee on Labor and Humanand the Committee on Health, Education, Labor,
Resources of the Senate.and Pensions of the Senate. (p. 25)
ontracting and grantSection 212 requires that none of theThe bill would amend the provision to read asSimilar to H.R. 5293, but specifies that
mmercial andprovisions are to be construed to prevent afollows: Section 212. Contracting and Grantindividuals who seek services may
ate pay relationships;recipient of a grant or a contract fromAuthority; Private Pay Relationships;voluntarily pay at their own private expense.
ppropriate use of act fundsentering into an agreement, subject to theAppropriate Use of Funds.(p. 28)


approval of the state agency (or in the case(a) In General. — Subject to subsection (b), this
of a grantee under Title VI, subject to theact shall not be construed to prevent a recipient
recommendation of the Director of theof a grant or a contract from entering into an
Office for American Indian, Alaskanagreement —
Native, and Native Hawaiian Aging, and with a profitmaking organization;
the approval of the Assistant Secretary), under which funds provided under such grant
with a profitmaking organization to carryor contract are used to pay part or all of a cost
out the provisions of this act and of the(including an administrative cost) incurred by
appropriate state plan.such recipient to carry out a contract or
commercial relationship for the benefit of
older individuals or their family caregivers,

CRS-31
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
whether such relationship is carried out to
implement a provision of this act or to
conduct activities inherently associated with
implementing such provision; or
under which any individual, regardless of age
or income (including the family caregiver of
such individual), who seeks to receive one or
more services pays, at their own private
expense, to receive such services based on the
fair market value of such services. (p. 26)
(b) Ensuring Appropriate Use of Funds. An
agreement described under subsection (a) may
iki/CRS-RL33660not
g/w be made without the prior approval of the
s.orstate agency (or, in the case of a grantee
leakunder Title VI, without the prior
recommendation of the Director of the Office
://wikifor American Indian, Alaska Native, and
httpNative Hawaiian Aging and the prior
approval of the Assistant Secretary);
directly or indirectly provide for, or have the
effect of, paying, reimbursing, or otherwise
compensating an entity under such agreement
in an amount that exceeds the fair market
value of the goods or services furnished by
such entity under such agreement;
result in the displacement of services
otherwise available to an older individual
with the greatest social need, an older
individual with greatest economic need, or an
older individual who is at risk for institutional
placement; or
in any other way compromise, undermine, or
be inconsistent with the objective of serving
the needs of older individuals, as determined
by the Assistant Secretary. (p. 27)



CRS-32
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
rition educationSection 214 authorizes the AssistantThe bill would authorize the AssistantSame as H.R. 5293, but adds reference to
Secretary and the Secretary of AgricultureSecretary, in consultation with the Secretary ofproviding information on optimal nutrition
to provide technical assistance andAgriculture, to conduct outreach and provideintake. (p. 29)
appropriate material to agencies carryingtechnical assistance to agencies and
out nutrition education programs inorganizations that serve older individuals to
accordance with section 339(2)(J).assist them in carrying out integrated health
promotion and disease prevention programs
that are designed for older individuals and that
include nutrition education, physical activity,
and other activities to modify behavior and to
improve health literacy (including information
on optimal nutrition intake) through education
iki/CRS-RL33660and counseling in accordance with section
g/w339(2)(J). (p. 27)
s.or
leakension counseling andSection 215 authorizes the AssistantThe bill would add reference to olderSame as H.R. 5293. (p. 30)
formation programsSecretary to include, as part of theindividuals with limited English proficiency. (p.
://wikiapplication, a plan to provide information,28)
httpcounseling, referral and assistance
regarding pension and other retirement
benefits, with particular emphasis on
outreach to women, minorities, older
individuals residing in rural areas and low-
income retirees.
Section 215 requires the AssistantThe bill would add reference to populationsSame as H.R. 5293. (p. 30)
Secretary to consider, among the criteria inwith limited English proficiency. (p. 28)
awarding pension counseling programs
grants, the applicant’s ability to perform
effective outreach to affected populations,
particularly populations that are identified
in need of special outreach.
No provision.No provision.The bill would add reference to individuals
with limited English proficiency to the
content of the pension assistance national
telephone hotline. (p. 30)



CRS-33
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
uthorization ofSection 216 authorizes the appropriation ofThe bill would authorize such sums as may beSame as H.R. 5293. (p. 30)
for Title IIsuch sums as may be necessary for AoAnecessary for FY2006-FY2011. (p. 29)
vitiesadministration, salaries and expenses, the
National Elder Locator Service, and
Pension Counseling and Information
Programs for FY2001-FY2005.
RANTS FOR STATE AND COMMUNITY PROGRAMS ON AGING
urpose of Title III:Section 301 of the act states that theThe bill would add to the entities, organizationsSame as H.R. 5293. (p. 31)
ination with volunteerpurpose of Title III is to encourage andwith experience in providing senior volunteer
ervicesassist state and area agencies on aging toservices, such as federal volunteer programs
iki/CRS-RL33660develop greater capacity and foster theadministered by the Corporation for National
g/wdevelopment and implementation ofand Community Services designed to provide
s.orcomprehensive and coordinated systems totraining, placement and stipends for volunteers
leakserve older individuals by entering intoin community service settings. (p. 29)
cooperative arrangements with a number
://wikiof entities, including other state agencies,
httpIndian tribes, tribal organizations, andproviders, among others.
uthorization ofThe law authorizes such sums as may beThe bill would authorize such sums as may beSame as H.R. 5293. (p. 32)
ppropriations: supportive,necessary for each of FY2001-FY2005. necessary for each of FY2007-FY2011. (p. 30)
rition, and disease
ention and health
otion services
uthorization ofThe law authorizes $125 million forThe bill would authorize such sums as may beThe bill would authorize $170 million in
propriations: NationalFY2001, if the aggregate amountnecessary for each of FY2007-FY2011. FY2008; $180 million in FY2009; $190
amily Caregiver Supportappropriated for supportive services,(p. 30)million in FY2010; and $200 million in
congregate nutrition services, home-FY2011. (p. 32)


delivered nutrition services, and disease
prevention and health promotion exceeds
the FY2000 amount. It also authorizes
such sums as may be necessary for
FY2002-FY2005.

CRS-34
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
The law requires that of funds authorizedNo provision.No provision.
for the national caregiver program, 4% be
reserved for national innovative
approaches to caregiving, and 1% be
reserved for activities of national
significance to promote quality and
improvement in caregiver support.
rea agency administrativeNo provision.No provision.The bill would allow an additional 1% of the
o be use for needsstate’s allotment to be used for area plan
sessment of growing elderadministration to carry out activities related
pulationto assessment of the needs of the growing
iki/CRS-RL33660elderly population (added by the bill). This
g/wcould occur only when appropriations for
s.orTitle III supportive, nutrition, and disease
leakprevention and health promotion services
exceed 110% of the FY2006 appropriations
://wikilevel. (p. 33)
httptate plans on aging: focus onSection 305(a) of the law requires stateThe bill would add reference to olderSame as H.R. 5293. (p. 33-34)
lder individuals with limitedagencies to divide the state into planningindividuals with limited English proficiency.
lish proficiencyand service areas that consider among(p. 31)
other things, the distribution of older
people, with particular attention to low
income minority individuals and older
individuals residing in rural areas and that
preference in providing services will be
given to these groups.
care systemsNo provision.The bill would require that the state agency onSimilar to H.R. 5293, but with slightly
aging promote the development anddifferent wording in some places. (p. 34)


implementation of a comprehensive,
coordinated system in the state for providing
long-term care in home and community-based
settings, in a manner that is responsive to the
needs and preferences of older individuals and
their families by:

CRS-35
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
collaborating, coordinating, and consulting
with other agencies responsible for
formulating, implementing, and administering
programs, benefits, and services regarding
long-term care;
participating in state government activities
regarding long-term care;
conducting analysis and making
recommendations with respect to strategies
for modifying the state’s long-term care
system in order to respond to the needs and
preferences of individuals and family
iki/CRS-RL33660caregivers; facilitate provision of home and
g/wcommunity-based care; target services toRefers to targeting services to older
s.orthose at risk of institutional placement; andindividuals at risk of institutional placement.
leakimplement evidence-based programs to assist
older individuals and their family caregiversNo reference to evidence-based programs.
://wikiin learning about and making behavioral
httpchanges to reduce the risk of injury, disease,
and disability; and
providing for distribution of information on
the need to plan in advance for long-term care
and on the range of available public and
private long-term care programs, options, and
resources. (pp. 31-33)
uerto Rico, single planningNo provision.No provision.The bill would allow the Commonwealth of
ervice areaPuerto Rico to designate a single planning
and service area, with the approval of the
Assistant Secretary. (p. 36)
A PLANS ON AGING
rea plans on aging: focus onSection 306(a)(1) requires area plans onThe bill would add reference to olderSame as H.R. 5293. (p. 37)


lder individuals with limitedaging to develop a comprehensive andindividuals with limited English proficiency.
lish proficiencycoordinated system for supportive,(p. 33)
nutrition, and multi-purpose senior centers

CRS-36
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
taking into consideration the number of
older individuals with low income, the
number of older individuals with greatest
economic need, and the number with
greatest social need (with particular
attention to low-income minority people
and older individuals residing in rural
areas).
rea plans on aging: focus onSection 306(a)(1) requires area plans onThe bill would add reference to the number ofSame as H.R. 5293. (p. 37)
ersons at risk of institutionalaging to develop a comprehensive andolder individuals at risk for institutional
entcoordinated system for supportive,placement residing in the area. (p. 34)
iki/CRS-RL33660nutrition, and multi-purpose senior centers
g/wtaking into consideration the number of
s.orolder individuals with low-income, the
leaknumber of older individuals with greatest
economic need, and the number with
://wikigreatest social need (with particular
httpattention to low income minority people
and older individuals residing in rural
areas).
rea plans on aging: mentalNo provision.No provision.The bill would require area agencies to
ervicesprovide assurances that an adequate
proportion of Title III funds be spent on
services associated with access services,
including health services (including mental
health). (p. 37)
rea plans on aging:No provision. No provision. The bill would include as information and
formation and assistanceassistance, services on the availability of
supportive services under part B of the act,
and how to receive benefits under and
participate in publicly supported programs
for which the consumer may be eligible.
(p. 38)



CRS-37
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
rea plans on aging: specificSection 306(a)(4) requires area plans onThe bill would require area plans to setSimilar to H.R. 5293, but wording is
for serving olderaging to assure that they will set specificobjectives, consistent with state policy, fordifferent. (p. 38)
idualsobjectives for providing services to olderproviding services to not only those with the
individuals with greatest economic andgreatest economic and social need, but also to
social need, and include specific objectivesindividuals at risk of institutional placement,
for providing services to low-incomeand include objectives and proposed methods to
minority individuals and older individualsserve these individuals. (p. 34)
residing in rural areas.
rea plans on aging:Section 306(a)(4)(A)(ii) requires areaThe bill would add reference to olderSimilar to H.R. 5293. (p. 38)
entagencies on aging to include in providerindividuals with limited English proficiency.
ing serving olderagreements they make with service(p. 35)
iki/CRS-RL33660idualsproviders, a requirement that providers
g/wspecify how they intend to serve the needs
s.orof low-income minority individuals
leak(among other groups).
://wikirea plans on aging:Section 306(a)(4)(B) requires that the areaThe bill would also require outreach to olderSimilar to H.R. 5293, but also changes
httpagency on aging will use outreach effortsthat will identify eligible individuals forindividuals at risk for institutional placement.(p. 35)reference to individuals with limited Englishproficiency, instead of limited English-
assistance, with special emphasis on thosespeaking ability. (p. 39)
residing in rural areas, those with greatest
economic and social need, those with
severe disabilities, those with limited
English-speaking ability, and those with
Alzheimer’s disease or related neurological
and organic brain dysfunction.
Section 306(a)(5) requires area agencies toThe bill would require area agencies to giveSimilar to H.R. 5293. (p. 39)


assure that they will coordinate planning,particular attention to individuals at risk for
identification, need assessment, andinstitutional placement. (p. 36)
service provision with particular attention
to individuals with severe disability, and
with agencies that develop or provide
services to individuals with disabilities.

CRS-38
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
rea plans on aging: use ofNo provision. The bill would require area agencies to makeSimilar to H.R. 5293. (p. 40)
use of trained volunteers in providing direct
services to elderly and disabled individuals
needing care, and, if possible, work in
coordination with volunteer programs
(including programs administered by the
Corporation for National Service) designed to
povide training, placement and stipends for
volunteers in community service settings.
(p. 36)
rea plans on aging:Section 306(a)(6) requires area agencies onThe bill would add to the membership, familySimilar to H.R. 5293. (p. 40)
iki/CRS-RL33660ory council membershipaging to establish an advisory council andcaregivers of older individuals, service
g/wspecified council membership. providers, and the business community. (p. 36)
s.or
leakrea plans on aging:Section 306(a) requires area agencies toThe bill would require area agencies on aging,The bill would add reference to mental health
sing public awarenesscoordinate mental health servicesin coordination with the state agency on agingscreening. It does not include the provision
://wikiental healthprovided with funds expended by areaand the state agency responsible for mentalregarding public awareness of mental health
httpagencies with mental health servicesprovided by community health centers andhealth services, to increase public awareness ofmental health disorders, to remove barriers todisorders or removing barriers to diagnosisand treatment. (p. 41)
by other public agencies and nonprofitdiagnosis and treatment, and to coordinate
private organizations. mental health services (including mental health
screenings) with funds expended by the area
agency with mental health services provided by
community health centers and other agencies.
(p. 37)
rea plans on aging: Section 306(a)(7) requires that areaThe bill would rewrite the section as follows.Similar to H.R. 5293, but with slightly
prehensive coordinatedagencies on aging facilitate theThe bill would require that area agenciesdifferent wording in some places. (pp. 41-43)


stem for home andcoordination of community-based long-facilitate the areawide development and
munity-based long-termterm care services to enable olderimplementation of a comprehensive,
individuals to remain in their own homes.coordinated system for providing long-term
Area agencies are to accomplish this by: care in home and community-based settings, in
developing case management services asa manner that is responsive to the needs and
a component of long-term care;preferences of older individuals and their
involving long-term care providers in thefamilies by:
coordination of these services; and collaborating, coordinating, and consulting

CRS-39
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
increasing community awareness of andwith other local public and private agencies
involvement in addressing the needs ofresponsible for formulating, implementing
residents of long-term care facilities. and administering programs, benefits, and
services regarding long-term care;
conducting analysis and making
recommendations and implementing
programs related to strategies for modifying
the state’s long-term care system in order to
respond to the needs and preferences of older
individuals and family caregivers; facilitate
provision of home and community-based
care; target services to older individuals at
iki/CRS-RL33660risk of institutional placement;
g/w implementing evidence-based programs to
s.orassist older individuals and their family
leakcaregivers in learning about and making
behavioral changes to reduce the risk of
://wikiinjury, disease, and disability; and
http providing for distribution of information on
the need to plan in advance for long-term care
and on the range of available public and
private long-term care programs, options, and
resources. (pp. 37-39)
rea plans on aging: areaSection 306(a)(14) and (15)(secondDeletes these provisions (duplication in currentRetains paragraph (14), but eliminates second
ts to carry outparagraph (15)) prohibits area agencieslaw.) (p. 39) For related content, see theparagraph (15). (p. 43) For related content,
mercial relationshipsfrom paying any costs incurred as a resultprovisions that immediately follow (in the nextsee the provisions that immediately follow
of a contract or commercial relationshiprow) relating to maintaining public purpose(in the next row) relating to maintaining
unrelated to the act. (These paragraphs aremission of Title III.public purpose mission of Title III.
d up licative.)
Section 306(a)(15) (first paragraph (15))Deletes first paragraph (15) but retainsSame as H.R. 5293. (p. 43)


and (16) also prohibits area agencies fromparagraph (16), essentially retaining current
giving preference to particular individualslaw. (p. 39)
as a result of a contract or commercial
relationship unrelated to the act. (These
paragraphs are duplicative.)

CRS-40
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
rea plans on aging: priorityNo provision. The bill would require that area agencies assureSimilar to H.R. 5293, but adds reference to
r use of funds for specifiedthat Title III funds will be used in a manner thatolder individuals with limited English
lder individuals;gives priority in furnishing benefits andproficiency and those living in rural areas. (p.
aintaining public purposeservices to older individuals with greatest43)
ission and disclosure ofeconomic need, older individuals with great
ormation on contractualsocial need and older individuals at risk for
tionshipsinstitutional placement. (p. 39)
The area agency would also be required toSame as H.R. 5293.
assure that funds will be used in a manner that
is consistent with Section 306(a)(13) (regarding
.maintaining the integrity and public purpose of
iki/CRS-RL33660services provided and service providers, in all
g/wcontractual and commercial relationships,
s.oramong other things) and Section 212(b) of the
leakact (as amended by the bill). (p. 40 )
://wikirea plans on aging: self-No provision. The bill would require that area plans on agingSimilar to H.R. 5293 (does not include to the
httpprovide for, to the maximum extent feasible,maximum extent feasible). (p. 43)
furnishing of services under the act consistent
with self-directed care. (p. 40)
rea plans on aging:No provision. No provision. The bill would require area plans to include
ergency preparednessinformation detailing how the area agency
will coordinate activities and develop long-
range emergency plans with local and state
emergency response agencies, relief
organizations, local and state governments,
and any other institutions that have
responsibility for disaster relief service
delivery. (p. 43)
rea plans on aging: areaNo provision. The bill would authorize area agencies on agingSame as H.R. 5293, with slightly different
gency planning forto include in their area plans, an assessment ofwording in some places. (p. 44)


emographic changes in thehow prepared the planning and service area is
lder population in planningfor any anticipated change in the number of
ervice areasolder individuals during the 10-year period

CRS-41
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
following the fiscal year for which the plan is
submitted.
The assessment may include:
the projected change in the number of older
individuals in the planning and service area;
an analysis of how this change may affect
older individuals, including those with low
income, greatest economic need, minority
older individuals, those residing in rural
areas, and those with limited English
proficiency;
iki/CRS-RL33660 an analysis of how the programs, policies,
g/wand services provided in the planning and
s.orservice area can be improved, and how
leakresource levels can be adjusted to meet the
needs of the changing population of older
://wikiindividuals in the areas, and an analysis of
httphow the change in the number of persons age
85 and older is expected to affect the need for
supportive services. (p. 40)
The bill would authorize area agencies onThe bill would also add reference to
aging, in cooperation with governmentalemergency preparedness. (p. 45)


officials, state agencies, tribal organizations, or
local entities, to make recommendations to
government officials in the planning and
service area and the state, on actions to build
the capacity to meet the needs of older
individuals for:
health and human services;
land use;
housing;
transportation;
public safety;
workforce and economic development;

CRS-42
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
recreation;
education;
civic engagement; and
any other services determined by the area
agency. (p. 41)
ATE PLANS ON AGING
tate plans on aging: focus onSection 307(a) requires the state plan toThe bill would add reference to olderSame as H.R. 5293. (p. 46)
lder individuals with limitedconduct periodic evaluations on stateindividuals with limited English proficiency.
lish proficiencyactivities and projects, including(p. 42)
evaluations of the effectiveness of services
iki/CRS-RL33660provided to individuals with greatest
g/weconomic or social need, or disabilities
s.orwith particular attention to low-income
leakminority individuals and older individuals
residing in rural areas.
://wikitate plans on aging:Section 307(a)(15) requires the state planThe bill would add reference to the number ofSimilar to H.R. 5293. (p. 47)
httpentifying service needs ofto identify the number of low-incomelow-income older individuals with limited
w-income minority olderminority older individuals in the state andEnglish proficiency. (p. 42)
iduals with limiteddescribe the methods used to satisfy their
lish proficiencyservice needs.
tate plans on aging:Section 307(a)(16) requires the stateThe bill would add reference to low-incomeSame as H.R. 5293. (p. 46)
utreach to individuals withagency to conduct outreach to olderolder individuals with limited English
ited English proficiencyindividuals with greatest economic orproficiency. (p. 43)
social need (with particular attention to
low-income minority individuals and older
individuals residing in rural areas).
tate plans on aging: self-No provision. The bill would require that state plans on agingSame as H.R. 5293. (p. 47)


provide assurances that area agencies will, to
the maximum extent feasible, furnish services
under the act consistent with self-directed care.
(p. 43)

CRS-43
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
tate plans on aging:No provision. The bill requires state agencies on aging, at theSame as H.R. 5293. (p. 47)
nning for demographicelection of the state, to include an assessment of
anges in the olderhow prepared the state is, under its statewide
pulation in the stateservice delivery model, for a change in the
number of older individuals during the 10-year
period following the fiscal year for which the
plan is submitted. The assessment may include:
the projected change in the number of older
individuals in the state;
an analysis of how this change may affect
older individuals, including those with low-
income, greatest economic need, minority
iki/CRS-RL33660older individuals, those residing in rural
g/wareas, and those with limited English
s.or proficiency;
leak an analysis of how the programs, policies,
and services provided by the state can be
://wikiimproved, including coordinating with area
httpagencies on aging, and how resource levels
can be adjusted to meet the needs of the
changing population of older individuals in
the state; and
an analysis of how the change in the number
of persons age 85 years and older is expected
to affect the need for supportive services.
(p. 43)
tate plans on aging:No provision. No provision. The bill requires state plans to include
ergency preparednessinformation 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, and any other institutions that
have responsibility for disaster relief service
delivery. The plan is to include information
describing the involvement of the head of the



CRS-44
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
state agency in the development, revision,
and implementation of emergency
preparedness plans, including the State
Public Health Emergency Preparedness and
Response Plan. (p. 48)
tate plans on aging: AgingNo provision.No provision in Title III (see ADRCs in title IIThe bill requires the state to implement an
nd Disability Resourceabove.) ADRC which is to:
serve as a visible and trusted source of
information on the full range of options for
long-term care, including institutional and
home and community-based care, that are
iki/CRS-RL33660available in the state;
g/w provide personalized and consumer-
s.orfriendly assistance to empower individuals
leakto make informed decisions about their
long-term care options;
://wiki provide coordinated and streamlined access
httpto all publicly funded long-term care
options so that consumers can obtain the
care they need through a single intake,
assessment and eligibility determination
process;
help individuals plan ahead for their long-
term care needs; and
assist Medicare beneficiaries and
prospective beneficiaries in understanding
and accessing prescription drug and
preventive health benefits under provisions
of, and amendments made by, the Medicare
Prescription Drug, Improvement, and
Modernization Act of 2003, in coordination
with the entity carrying out the health
insurance information, counseling and
assistance program (under Section 4360 of
the Omnibus Reconciliation Act of 1990) in
the state. (pp. 49-50)



CRS-45
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
ate plans on aging: non-Section 309(b)(2) requires that fundsThe bill deletes the reference to the non-federalSame as H.R. 5293. (p. 50)
hare for Title IIIrequired to meet the non-federal share, inshare prior to 1981. The bill would clarify that
ervicesamounts that exceed the non-federal sharefunds required to meet the non-federal share for
prior to FY1981, are to be from stateTitle III funds be from state sources. (p. 44)
sources. (Prior to 1981, the required non-
federal share was 10%; in 1981, the non-
federal share was increased to 15%).
RITION SERVICES INCENTIVE PROGRAM
entSection 311 of the act requires theThe bill would clarify that each state agencySame as H.R. 5293 (p. 51)
iki/CRS-RL33660Secretary of Agriculture to provide cash orcommodities or a combination of cash andpromptly and equitably disburse amountsreceived under Section 311 to recipients of
g/wcommodities to state agencies on aging. grants and contracts. (p. 45)
s.or
leakonus of commoditiesSection 311 requires that agriculturalThe bill would also require that additionalSame as H.R. 5293. (p. 51)
commodities available under section 32 ofbonus commodities are to be donated or used
://wikithe act of August 24, 1935, section 416 ofby recipients of Title III nutrition funds. (p. 45)
httpthe Agricultural Act of 1949, and under
section 709 of the Food and Agricultural
Act of 1965 are to be donated or used by
recipients of Title III nutrition funds.
gh protein foods; termsNo provision.The bill would require the Secretary ofNo provision.
nd conditionsAgriculture to give special emphasis to high
protein foods. The Secretary of Agriculture, in
consultation with the Assistant Secretary, is
authorized to prescribe the terms and conditions
related to donated commodities. (p. 45)
sh used to buySection 311(d) requires that when a stateThe bill would revise the provision to requireNo provision.


moditieselects to receive cash payments underthat Section 311 funds may be used only to
Section 311, the Secretary of Agriculture ispurchase U.S. agricultural commodities and
to make them to the state in an amountother foods. (p. 45)
equivalent in value to the donated foods
which the state otherwise would have
received in commodities.

CRS-46
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
No provision.Part or all of Section 311 funds may be used toNo provision.
pay school food authorities to obtain U.S.
commodities for nutrition projects, when state
grantees and contractors, and Title VI grantees,
have an agreement with the school food
authority that the payments:
cover the cost of the commodities and
cover related expenses, including the cost of
transporting, distributing, processing, storing,
and handling the commodities. (p. 46)
uthorization ofSection 311(e) authorizes such sums asThe bill would authorize such sums as may beSame as H.R. 5293. (p. 51)
iki/CRS-RL33660ppropriations for nutritionmay be necessary for FY2001-FY2005. necessary for FY2007-FY2011. (p. 46)
g/wervice incentive program
s.or
leakribution of information Section 312(f) would require that theThe bill would require the Assistant SecretaryNo provision.
moditySecretary of HHS and the Secretary ofon Aging and the Secretary of Agriculture to
://wikicessing programsAgriculture distribute to state and areadistribute information on:
httpagencies on aging and nutrition serviceproviders information on: school food authorities within geographicarea service by the state agency; and
any federal commodity processing the donated foods available to state and area
program; andagencies and nutrition service providers.
procedures to be followed to participate(p. 46)
in the program.
LUNTARY CONTRIBUTIONS FOR TITLE III SERVICES
olicitation of voluntarySection 315(b) of the act provides thatThe bill would add to current law a provisionThe bill would add to current law a provision
ntributionsvoluntary contributions from olderthat voluntary contributions shall bethat voluntary contributions shall be
individuals shall be allowed and may beencouraged for individuals whose self-declaredencouraged for individuals whose self-
solicited for all Title III services providedincome is at or above 125% of the poverty line,declared income is at or above 200% of the
that the method of soliciting contributionsand may be requested at contribution levelspoverty line, at contribution levels based on
is noncoercive. based on the actual cost of services if thethe actual cost of services. (p. 52)


method of solicitation is noncoercive. (p. 47)

CRS-47
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
luntary contributions areNo provision.The bill would clarify that funds receivedSame as H.R. 5293. (p. 52)
supplement not supplantthrough voluntary contributions are to
le III fundssupplement, not supplant, funds received under
Title III. (p. 47)
andatory cost-sharing:Section 315(c) requires state and areaThe bill would add reference to olderSame as H.R. 5293. (p. 52)
rticipation of olderagencies to develop plans designed toindividuals with limited English proficiency.
iduals with limitedensure that cost-sharing procedures will(p. 48)
lish proficiencynot decrease participation in Title III
services by low income older individuals
(with particular attention to low income
minority individuals and older individuals
iki/CRS-RL33660residing in rural areas).
g/w
s.orA study of cost-sharingSection 315(d) requires the AssistantThe bill would add reference to olderSame as H.R. 5293. (p. 52)
leakSecretary to conduct a study of cost-individuals with limited English proficiency.
sharing to determine its impact on(p. 48)
://wikiparticipation rates with particular attention
httpto low-income and minority olderindividuals and older individuals residing
in rural areas.
LLOWABLE TITLE IIISection 321(a) requires the AssistantThe bill would change the references for theSimilar to H.R. 5293, but does not include
IVE SERVICESSecretary to carry out a program forfollowing supportive services under Sectionchange to the SOS program. (p. 53)


making grants to states under state plans321(a) to read:
approved under section 307 for supportive services designed to provide health screening
services listed in 321(a)(1) through(including mental health screening);
321(a)(23). services (including assistive technology
devices and assistive technology services)
designed to meet the unique needs of older
individuals who are disabled, and older
individuals who provide uncompensated care
to their adult children with disabilities; and
effective referral to existing health (including
mental health), employment, housing, legal,
consumer, transportation, and other services
(related to Senior Opportunities and Services

CRS-48
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
(SOS)). (p. 48)
The bill would add the following as new
allowable services:
services designed to support states, area
agencies on aging, and local service providers
carry out and coordinate, with respect to
mental health services, activities including
outreach, education, screening, and referral
for treatment of older individuals; and
activities to promote and disseminate
information about life-long learning programs
iki/CRS-RL33660
g/wIt also makes other technical and coordination
s.orchanges. (p. 49)
leak
RITION SERVICES
://wiki
httprition services: purpose ofervicesNo provision.The bill would add a new purpose to Title III,Nutrition Services, as follows:The bill would add a new purpose to Title III,Nutrition Services, as follows:

It is the purpose of this part to promoteIt is the purpose of this part to promote
socialization and the health and well-being ofsocialization and the health and well-being of
older individuals by assisting such individualsolder individuals by assisting such
to gain access to disease prevention and healthindividuals to gain access to nutrition
promotion services (including information,services to delay the onset of adverse health
nutrition services, and programs of physicalconditions. (p. 54)
activity) to delay the onset of health conditions
resulting from poor nutritional health or
sedentary behavior. (p. 50)
ervices: nutritionSection 331 allows nutrition projects toThe bill would specify that nutrition projectsSame as H.R. 5293. (p. 54)


tionprovide nutrition education services andare to provide nutrition education, nutrition
other appropriate nutrition services. counseling, and other nutrition services, as
appropriate based on the needs of meal
participants. (p. 51)

CRS-49
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
ervices:No provision. The bill would allow nutrition projects toNo provision.
ultivitamin-mineralprovide a multivitamin-mineral supplement,
entsalong with a meal, to participants. (p. 51)
ervices: home-Section 336 requires the AssistantThe bill would add reference to fresh food. ItSame as H.R. 5293. (p. 55)
ervices Secretary to establish the home-deliveredwould also delete the reference to (with a
nutrition program which is to provide atsatisfactory storage life). (p. 51)
least one home-delivered hot, cold, frozen,
dried, canned or supplemental foods (with
a satisfactory storage life) meal per day.
nsultation with nutritionSection 337 requires the AssistantThe bill would eliminate reference to particularSame as H.R. 5293. (p. 55)
iki/CRS-RL33660pertsSecretary to consult with representativesorganizations and instead would specify that
g/wfrom various named organizations tothe Assistant Secretary is to consult with
s.ordevelop minimum criteria of efficiencyexperts in the field of nutrition science,
leakand quality for home-delivered mealsdietetics, meal planning and food service
services, including the American Dieteticmanagement, and aging. (p. 52)
://wikiAssociation, among others.
httpIt also requires that the criteria take intoThe bill would delete this requirement.No change in current law.
account the ability of established home
delivered meals programs to continue these
services without major alteration in the
services.
ate responsibility to obtainSection 339 requires a state to solicit theThe bill would require the state to solicit theSimilar to H.R. 5293, but does not refer to
pertise of a dieticianadvise of a dietician or an individual withadvise of a dietician or other individual withequivalent education and training. (p. 56)
comparable expertise in the planning ofequivalent education and training in nutrition
nutritional services. science, or another individual with comparable
expertise. (p. 52)
ary Guidelines forSection 339 requires that meals complyThe bill would specify that the Guidelines beSame as H.R. 5293. (p. 53)
ericanswith the Dietary Guidelines for Americans.the most recent. (p. 53)
It also refers to the daily recommendedThe bill would change the reference to dietaryNo change in current law.


dietary allowances. reference intakes. (p. 53)

CRS-50
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
ntergenerational mealsNutrition projects are to encourageThe bill would clarify that these arrangementsRefers to joint programs but no reference to
arrangements with schools and otherare to be done jointly with schools and othershared intergenerational programs. (p. 56)
facilities to promote intergenerationalfacilities and are to be shared intergenerational
meals programs.meals programs. (p. 53)
creening,Section 339(2)(J) requires that nutritionThe bill would also require nutritionSame as H.R. 5293. (p. 57)
tion and assessmentprojects provide for nutrition screening,assessment. (p. 54)
and, where appropriate, nutrition education
and counseling.
luenza and other No provision.The bill would encourage professionals whoSimilar to H.R. 5293, but would add
nations distribute home-delivered meals to providereference to information about pneumonia
iki/CRS-RL33660information to homebound seniors on how toand shingles vaccinations. (p. 57)
g/wget an influenza vaccination in their local areas.
s.or(p. 54)
leakvaluation of the NutritionNo provision.The bill would require the Assistant SecretarySimilar to H.R. 5293, with some slightly
://wikito use funds set aside for evaluation to conductan evidence-based evaluation of the nutritiondifferent wording. (p. 57)
httpprogram. This would be under a contract with
the Food and Nutrition Board of the Institute of
Medicine .
The study would include:
an evaluation of the effect of nutrition
projects on the health and nutrition status of
participants, prevention of hunger and food
insecurity, and ability of participants to
remain living independently;
a cost-benefit analysis of nutrition projects,
including their potential to affect costs of
Medicaid; and
recommendations on how nutrition projectsDoes not refer to vitamin-mineral
may be modified to improve outcomes, andsupplementation.


for improving nutritional quality of meals and
other potential strategies to improve the
nutritional status of participants, including

CRS-51
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
vitamin-mineral supplementation.
The Institute of Medicine would be required toSame as H.R. 5293 (p. 59)
establish a panel of experts within 90 days of
the bills enactment. The panel would be
required to submit the report to the Assistant
Secretary within 24 months of enactment. In
addition, the Assistant Secretary would be
required to submit a report on the findings to
the House Committee on Education and the
Workforce of the House and the Senate
Committee on Health, Education, Labor and
iki/CRS-RL33660Pensions of the Senate. (pp. 54-56)
g/w
s.orproving indoor air qualityNo provision.The bill would require the Assistant SecretarySame as H.R. 5293. (p. 60)
leakhere seniorsto work in consultation with qualified experts to
provide information on methods of improving
://wikiindoor air quality in buildings where seniors
httpcongregate. (p. 56)
GIVER SUPPORT PROGRAM
nitions
Defines child as an individual who is 18The bill would define child as an individualThe definition of child would be amended to
years or younger.who is 18 or younger or an individual with ainclude an adult child with mental retardation
disability. (p. 56)or a related developmental disability. (p. 60)
ily caregiverDefines family caregiver as an adult familyThe bill would add to the definition, caregiverThe bill would add to the definition,
member, or another individual who is anof an individual with Alzheimer’s disease or acaregiver of an individual with Alzheimer’s
informal provider of in-home andrelated disorder with neurological and organicdisease, or a related disorder with
community care to an older individual. brain dysfunction. (p. 56)neurological and organic brain dysfunction,
who is 50 years of age or older. (p. 60)
randparent or olderDefines grandparent or older individualThe bill would change the age to 55 years andSame as H.R. 5293 regarding age of
dividual who is a relativewho is a relative caregiver as aolder. (p. 56)grandparents.
grandparent who is 60 and older (among
other things).It also amends the definition to specify that a



CRS-52
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
child of a grandparent or step-grandparent
caregiver includes an adult child with mental
retardation or a related developmental
disability. It also includes a child who is
adopted. (p. 61)
elopmental disabilityNo provision. No provision. The bill adds a definition of developmental
disability and refers to the definition in
Section 102 of the Developmental
Disabilities Assistance and Bill of Rights Act
of 2000. (p. 61)
iki/CRS-RL33660rt services forSection 373 includes as one of the supportThe bill would add reference to assistingSame as H.R. 5293. (p. 61)
g/wservices for caregivers, individualcaregivers with health, nutrition, and financial
s.orcounseling, organization of supportliteracy issues. (p. 57)
leakservices groups, and caregiver training to
caregivers to assist them in making
://wikidecisions and solving problems relating to
httptheir caregiving roles.
Section 373 stipulates that in providingNo change in current law. The bill adds a new provision stipulating that
viding care to olderservices, priority is to be given to servicesin providing services for family caregivers,
idualsto older individuals with the greatest socialthe state is required to give priority for
and economic need and those providingservices to family caregivers who provide
care to persons with mentalcare to older individuals. (p. 62)
retardation/development disabilities.
oordination with volunteerSection 373(d) requires area agencies onThe bill would require area agencies toSame as H.R. 5293. (p. 62)


ervicesaging to coordinate the caregiver supportencourage the use of trained volunteers to
program with other community agenciesexpand available caregiver support services,
and voluntary organizations. and to coordinate, if possible, with volunteer
programs (including programs administered by
the Corporation for National Service) to
provide training, placement, and stipends for
volunteers in community service settings.
(p. 57)

CRS-53
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
on caregiverThe state is required to submit reports toThe bill would add a requirement that theSimilar to H.R. 5293, but with slightly
rogramthe Assistant Secretary, as required by thereports must describe any mechanism used indifferent wording. (p. 62)
Assistant Secretary.the state to provide family caregivers of an
older individual and relative caregivers of a
child or an adult child with a disability,
information about and access to various
services so that caregivers can better carry out
their care responsibilities. (p. 57)
imitation on federal andSection 374(g) stipulates that a state mayThe bill would clarify that the limitation appliesNo change in current law.
n-federal funds for relativenot use more than 10% of federal and non-to relative caregivers of children age 18 or
ervicesfederal funds to support services toyounger. (p. 58)
iki/CRS-RL33660grandparents and older individuals who are
g/wrelative caregivers.
s.or
leaks of nationalSection 376 requires the AssistantThe bill would repeal this section. The bill would allow the Assistant Secretary
nificanceSecretary to carry out activities of nationalto support:
://wikisignificance to promote quality and multigenerational programs, including
httpcontinuous improvement in supportprovided to family and other informalsupports for grandparents and other olderrelatives raising children (such as kinship
caregivers. This provision was sunsettednavigator programs) and those that sustain
in FY2003. and replicate innovative multigenerational
family support programs that involve senior
vo l unt e e r s;
programs providing support and
information to families who have a child
with a disability or chronic illness and to
other families in need of such family
support programs;
programs addressing the unique issues
faced by rural caregivers;
programs focusing on the needs of older
persons with Alzheimer’s disease and
related dementia and their caregivers;
programs supporting caregivers in the role
they play in health promotion and disease
prevention. (pp. 63-64)



CRS-54
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
tment of funds to statesSection 373(f) stipulates how funds are toThe bill would update the years to FY2007-Same as H.R. 5293. (p. 63)
be allotted to states for FY2001-FY2005.FY2011. (p. 58)
, TRAINING, AND DEMONSTRATION PROJECTS AND PROGRAMS
rant programsSection 411(a) authorizes the AssistantThe bill would add the following grant programSimilar to H.R. 5293, but would change the
Secretary to make grants to and enter intocategories:reference to:
contracts with states, public agencies, planning activities to prepare communities for planning activities to prepare communities
private nonprofit agencies, institutions ofthe aging of the population, which includefor the aging population, which may
higher education, including tribalefforts to assess the aging population;include efforts to assess the aging
organizations, for:activities to coordinate state and localpopulation;
education and training of an adequatelyagencies in order to meet the needs of older activities to coordinate the activities of state
iki/CRS-RL33660trained workforce;individuals; and local agencies; and
g/w research and analysis; training and technical assistance to support training and technical assistance to support
s.or performance evaluation of programs,states, area agencies on aging, and tribalstates, area agencies on aging, and tribal
leakactivities, and services;organizations receiving a grant under Titleorganizations receiving grants under Title
methods and practices to improve qualityVI, engage in community planning activities;VI, in engaging in community planning
://wikiand effectiveness of programs, services,activities. (p. 64)
httpand activities; demonstration of new approaches to development, implementation, andSame as H.R. 5293. (p. 65)
design, deliver, and coordinate programsassessment of technology-based service
and services;models and best practices, to support the use
technical assistance;of health monitoring and assessment
coordination with designated statetechnologies, communication devices,
agencies under the Rehabilitation Act toassistive technologies, and other technologies
provide services to older individuals whothat may remotely connect family and
are blind;professional caregivers to frail elderly
training of graduate level professionalsresiding in home and community-based
specializing in the mental health needs ofsettings or rural areas;
older individuals; and conducting activities of national significanceNo provision in Title IV. Similar provision in
any other activities that the Assistantto promote quality and continuousTitle III under “Programs of national
Secretary of AoA determines willimprovement in the support provided tosignificance.”


achieve the objectives of this section.family and other informal caregivers of older
individuals through activities that include
program evaluation, training, technical
assistance, and research, including
intergenerational programs providing support

CRS-55
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
to grandparents and other older relatives
raising children (such as kinship navigator
programs); and involving senior volunteers
who provide support and information to
families who have a child with a disability or
chronic illness, or other families in need of
such family support; programs addressing
unique issues faced by rural caregivers;
programs focusing on the needs of older
individuals with cognitive impairment such as
Alzheimer’s disease and other dementias, and
their caregivers; programs supporting
iki/CRS-RL33660caregivers in the role they play in health
g/wpromotion and disease prevention; and
s.or building public awareness of cognitiveNo provision.
leakimpairment such as Alzheimer’s disease and
related disorders with neurological and
://wikiorganic brain dysfunction, depression, and
httpmental disorders; and developing and
enhancing multidisciplinary systems for the
delivery of mental health screening and
treatment referral services to improve access
to community-based mental health services
for older individuals. (p. 58-59)
uthorization ofSection 411(b) authorizes such sums asThe bill would authorize such sums as may beNo change in current law.


propriations for grantmay be necessary for FY2001, and suchnecessary for FY2006-FY2011. (p. 61)
rogramssums as may be necessary for subsequent
fiscal years.

CRS-56
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
Section 412 requires the AssistantThe bill would add reference to HispanicSimilar to H.R. 5293, but keeps reference to
eld of agingSecretary of the AoA to make grants to aserving institutions, and delete reference toother educational institutions that serve the
number of entities including institutions ofother educational institutions that serve theneeds of minority students. (p. 66)
higher education, historically Blackneeds of minority students. (p. 61)
colleges or universities, Hispanic Centers
of Excellence in Applied Gerontology, and
other educational institutions that serve the
needs of minority students.
erviceSection 414(a) requires the AssistantThe bill would add operating model health careSimilar to H.R. 5293. (p. 66)
onstration projects inSecretary, after consultation with the stateand mental health services projects. (p. 61)
agency of the state involved, to make
iki/CRS-RL33660grants to eligible organizations to pay part
g/wor all of the cost of developing or
s.oroperating model health care service
leakprojects (including those related to home
health care, adult day health care, outreach,
://wikiand transportation services).
httpraduate programs withSection 414(b)(1)(B)(i) requires thatThe bill would add institutions of higherSimilar to H.R. 5293. (p. 66)


pability in mental healtheligible organizations submit granteducation having graduate programs with
applications containing such informationcapability in mental health. (p. 61)
and assurances as the Secretary may
require including, information describing
the nature and extent of the applicant’s
coordination and cooperation with
institutions of higher education that have
graduate programs with capability in
public health, the medical sciences,
psychology, pharmacology, nursing, social
work, health education, nutrition, or
gerontology, for the purposes of designing
and developing such projects.

CRS-57
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
echnical assistance andSection 416 authorizes the Secretary toNo provision.The bill would rewrite Section 416 to include
novation to improveaward grants or contracts to nonprofitauthority for the Assistant Secretary to carry
sportation for olderorganizations to improve transportationout demonstration projects on transportation
idualsservices for older individuals.services, in addition to technical assistance
cited in current law. (p. 66)
A nonprofit organization receiving a grant
or contract is required to use fundsIn addition, the organization may use the
received under such grant or contract tofunds to develop and carry out an innovative
provide technical assistance to assist localtransportation demonstration project to create
transit providers, area agencies on aging,transportation services for older individuals.
senior centers and local senior support(p. 67)
groups to encourage and facilitate
iki/CRS-RL33660coordination of federal, state, and localIn carrying out a demonstration project or
g/wtransportation services and resources forproviding technical assistance the
s.orolder individuals. Such technicalorganization may carry out activities that
leakassistance may include:include (in addition to other activities as cited
developing innovative approaches forin current law) developing innovative
://wikiimproving access by older individuals toapproaches for improving access by older
httpsupportive services;individuals to transportation services,
preparing and disseminating informationincluding volunteer driver programs,
on transportation options and resourceseconomically sustainable transportation
for older individuals and organizationsprograms, and programs that allow older
serving such individuals throughindividuals to transfer their automobiles to a
establishing a toll-free telephone number;provider of transportation services in
developing models and best practices forexchange for the services. (p. 67)


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
providing special services to link seniors
to transportation services not provided
under Title III.

CRS-58
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
conomically sustainableNo provision.No provision.In this section, the term economically
sportationsustainable transportation means demand
responsive transportation for older
individuals
that may be provided through volunteers;
and
that the provider will provide without
receiving federal or other public financial
assistance, after a period of not more than
five years of providing the services under
this section. (p. 68)
iki/CRS-RL33660mmunity planning for theNo provision.No provision.The bill would authorize the Secretary to
g/wging populationestablish, either directly or through grants or
s.orcontracts, a national technical assistance
leakprogram to assist states and area agencies on
aging in planning efforts to prepare
://wikicommunities for the aging of the population.
http(p. 69)
MONSTRATION PROJECTS FOR MULTIGENERATIONAL ACTIVITIES
onstration projects forSection 417. Demonstration Projects forSame as current law, with one change related toThe bill would rewrite Section 417 to include
ultigenerational activities:Multigenerational Activities.preference in awarding grants (see below).the following: (p. 69)
and contracts
The law authorizes the Assistant SecretarySection 417. Demonstration, Support, and
to award grants and enter into contractsResearch Projects for Multigenerational
with eligible organizations to establishActivities and Civic Engagement Activities.
demonstration projects to provide older
individuals with multigenerationalThe Assistant Secretary is required to award
activities.grants and enter into contracts with eligible
organizations to
conduct productivity and cost-benefit
research to determine the effectiveness of
engaging older individuals in paid and
unpaid positions with public and nonprofit
o r ga ni z a t i o ns;



CRS-59
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
develop a national agenda and blueprint for
creating paid and unpaid positions for older
individuals with public and nonprofit
organizations to increase the capacity of the
organizations to provide needed services to
co mmunities;
carry out demonstrations and support
projects to provide older individuals with
multigenerational and civic engagement
activities, designed to meet critical
community needs; and
carry out demonstration projects to
iki/CRS-RL33660coordinate multigenerational and civic
g/wengagement activities, and facilitate
s.ordevelopment of, and participation in, these
leakactivities. (p. 70)
://wikionstration projects forAn eligible organization is required to useNo change in current law.The bill would require that an eligible
httpultigenerational activities:funds made available under a grantorganization use funds made available under
f fundsawarded, or a contract entered into, to — a grant awarded, or a contract entered into, to
carry out a demonstration project thatcarry out the activities described above, and
provides multigenerational activities,to evaluate the activities. (p. 71)
including any professional training
appropriate to such activities for older
individuals; and
evaluate the project.
onstration projects forIn awarding grants and entering intoThe bill would add reference to olderThe bill would change the reference in
ultigenerational activities:contracts to carry out a demonstration orindividuals with limited English proficiency.awarding grants and entering into contracts to
support project, the Assistant Secretary is(p. 61)carry out a demonstration or support project
to give preference to — to require the Assistant Secretary to give
eligible organizations with apreference to —
demonstrated record of carrying out eligible organizations with a demonstrated
multigenerational activities; andrecord of carrying out multigenerational or
eligible organizations proposing projectscivic engagement activities;
that will serve older individuals with eligible organizations proposing
greatest economic need (with particularmultigenerational activity service projects;



CRS-60
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
attention to low-income minority eligible organizations proposing civic
individuals and older individuals residingengagement activity service projects that
in rural areas).will serve communities with the greatest
need; and
eligible organizations with the capacity to
develop meaningful roles and assignments
that use the time, skills, and experience of
older individuals to serve public and
nonprofit organizations. (p. 72)
It would add reference to older individuals
with limited English proficiency. (p. 71)
iki/CRS-RL33660
g/wonstration projects forTo be eligible to receive a grant or enterSame as current law.Same as current law.
s.orultigenerational activities:into a contract an organization is required
leakpplicationto submit an application to the Assistant
Secretary.
://wiki
httponstration projects forultigenerational activities:Organizations eligible to receive a grant orenter into a contract are organizations thatSame as current law.The bill would require that organizationseligible to receive a grant or enter into a
ible organizationsemploy, or provide opportunities for, oldercontract must have the capacity to conduct
individuals in multigenerational activities.specified activities. (p. 72)
onstration projects forEach organization receiving a grant or aSame as current law.The bill would require that each organization
ultigenerational activities:contract to carry out a demonstration isreceiving a grant or a contract evaluate the
cal evaluation and reportrequired to evaluate the multigenerationalmultigenerational or civic engagement
activities assisted under the project toactivities assisted under the project to
determine the effectiveness of thedetermine the effectiveness of the activities
multigenerational activities, the impact ofinvolved, the impact of such activities on the
such activities on child care and youth daycommunity being served and the
care programs, and the impact of activitiesorganizations providing the activities, and
on older individuals involved in suchthe impact of such activities on older
project.individuals involved. (p. 73)
onstration projects forNot later than six months after theSame as current law.Similar to current law, except also requires
ultigenerational activities:Assistant Secretary receives the evaluationthe report to include:
sreport, the Assistant Secretary is required the names or descriptive titles of the



CRS-61
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
to prepare and submit to the Speaker of thedemonstration, support, and research
House of Representatives and the Presidentprojects funded; and
pro tempore of the Senate a report that in the case of demonstrations and projects
assesses the evaluations and includes, at ato support older individuals in
minimum — multigenerational and civic engagement
the names or descriptive titles of theactivities, a description of the methods and
demonstration projects;success of the projects in recruiting older
a description of the nature and operationindividuals as employees and volunteers to
of the projects;participate in the projects;
the names and addresses of organizations a strategy for disseminating the findings
that conducted the projects;resulting from the projects to conduct
a description of the methods and successproductivity and cost-benefit research; and
iki/CRS-RL33660of the projects in recruiting older any policy change recommendations
g/windividuals as employees and volunteersrelating to the projects. (p. 74-75)
s.orto participate in the projects;
leak a description of the success of the
projects in retaining older individuals
://wikiinvolved in the projects as employees
httpand as volunteers; and
the rate of turnover of older individual
employees and volunteers in the projects.
FINITIONS
ivic engagement activityNo provision.No provision.The bill would define civic engagement
activity to include an opportunity that uses
the time, skills, and experience of older
individuals, in paid or unpaid positions with
a public or nonprofit organization, to help
address the unmet human, educational, health
care, environmental, and public safety needs
and nurture and sustain active participation in
community affairs. (p. 75)
ultigenerational activityThe law defines multigenerational activityNo provision.The bill would define multigenerational
to include an opportunity to serve as aactivity to include an opportunity that uses
mentor or advisor in a child care program,the time, skills, and experience of older



CRS-62
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
a youth day care program, an educationalindividuals, in paid or unpaid positions with
assistance program, an at-risk youtha public or nonprofit organization, to serve
intervention program, a juvenileas a mentor or adviser in a child care
delinquency treatment program, or aprogram, a youth day care program, an
family support program.educational assistance program, an at-risk
youth intervention program, a juvenile
delinquency treatment program, a before- or
after-school program, or a family support
program. (p. 76)
ultigenerational No provision.No provision.The bill would define multigenerational
ordinatorcoordinator to mean a person who builds the
iki/CRS-RL33660capacity of public and nonprofit
g/worganizations to develop meaningful roles
s.orand assignments, that use the time, skill, and
leakexperience of older individuals to serve those
organizations; and nurtures productive,
://wikisustainable working relationships between
httpolder individuals and individuals in younger
generations (p. 76)
ative American programsSection 418(a)(2)(B)(I) requires eachThe bill would add reference to mental healthSame as H.R. 5293. (p. 77)
Resource Center that receives funds underservices. (p. 62)
this section to focus on priority areas of
concern, including health problems; long
term care, including home care; elder
abuse; and other problems and issues
regarding older Native Americans.
ULTIDISCIPLINARY CENTERS
ultidisciplinary centers:Section 419 authorizes the AssistantThe bill would add reference to diverseThe bill adds a new subsection to Section
t programsSecretary to make grants to public andpopulations of older individuals residing in419, Multidisciplinary Health Centers in
private nonprofit agencies, organizations,urban communities. (p. 62)Communities (see below).


and institutions for the purpose of
establishing or supporting
multidisciplinary centers of gerontology,

CRS-63
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
and gerontology centers of special
emphasis (including emphasis on nutrition,
employment, health (including mental
health), disabilities (including severe
disabilities), income maintenance,
counseling services, supportive services,
minority populations, and older individuals
residing in rural areas).
Multidisciplinary centers of gerontologyNo change in current law.
are required to conduct research and policy
analysis and function as a technical
iki/CRS-RL33660resource for the Assistant Secretary,
g/wpolicymakers, service providers, and
s.orCongress, and to carry out a number of
leakfunctions including:
://wiki serving as a repository of informationThe bill would require that centers also provideNo change in current law.
httpand knowledge on aging;information about best practices in long-term
care service delivery, housing, and
transportation. (p. 62)
providing consultation and informationThe bill would delete the reference toNo change in current law.
to public and voluntary organizations inconsultation and instead require centers to
planning and developing servicesprovide technical assistance to public and
provided under other provisions of thisvoluntary organizations. (p. 62)
act.
No provision.The bill would require centers to provide
training and technical assistance to supportNo change in current law.


the provision of community-based mental
health services for older individuals. (p. 62)

CRS-64
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
ULTIDISCIPLINARY HEALTH SERVICES IN COMMUNITIES
ultidisciplinary healthNo provision.No provision.The bill would add a new provision that
ervices in communities:would require the Assistant Secretary to
t programsmake grants to states, on a competitive basis,
for the development and operation of systems
for the delivery of mental health screening
and treatment services for older individuals
who lack access to such services and
programs to
increase public awareness regarding the
benefits of prevention and treatment of
iki/CRS-RL33660mental disorders in older individuals;
g/w reduce the stigma associated with mental
s.ordisorders in older individuals and other
leakbarriers to the diagnosis and treatment of
the disorders; and
://wiki reduce age-related prejudice and
httpdiscrimination regarding mental disorders
in older individuals. (p. 79)
The bill would require that to be eligible to
receive a grant, a state agency shall submit an
application to the Assistant Secretary as
required. (p. 80)
The bill would require that a state agency that
receives funds through a grant, allocate the
funds to area agencies on aging to carry out
multidisciplinary health services in planning
and service areas in the state. In allocating
the funds, the state agency is required to give
priority to planning and service areas in the
state that are medically underserved, and in
which there are a large number of older
individuals. (p. 80)



CRS-65
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
The bill would require that in carrying out
this part, to more efficiently and effectively
deliver services to older individuals, each
area agency on aging shall —
coordinate mental health and treatment
services with other community agencies,
and with voluntary organizations providing
similar or related services; and
to the greatest extent practicable, integrate
outreach and educational activities with
existing (as of the date of the integration)
health care and social service providers
iki/CRS-RL33660serving older individuals in the planning
g/wand service area involved. (p. 80)
s.or
leakThe bill would require that funds made
available under this part supplement, and not
://wikisupplant, any federal, state, and local funds
httpexpended by a state or unit of general
purpose local government (including an area
agency on aging) to provide multidisciplinary
health services. (p. 81)
The bill would define mental health
screening and treatment services to mean
patient screening, diagnostic services, care
planning and oversight, therapeutic
interventions, and referrals, that are —
provided pursuant to evidence-based
intervention and treatment protocols (to the
extent such protocols are available) for
mental disorders prevalent in older
individuals; and
coordinated and integrated with the
services of social service, mental health,
and health care providers in an area in
order to improve patient outcomes; and



CRS-66
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
ensure, to the maximum extent feasible, the
continuing independence of older
individuals who are residing in the area.
(p. 81)
MUNITY INNOVATIONS FOR AGING IN PLACE
ommunity Innovations forNo provision.No provision.The bill would add the following Title IV
ging in Place: authorizationprogram: Sec. 422 Community Innovations
for Aging in Place.
ommunity Innovations for Aging in Place: definitions
iki/CRS-RL33660ible entityNo provision. No provision. Defines eligible entity as a nonprofit health or
g/wsocial service organization, a community-
s.orbased nonprofit organization, an area agency
leakon aging or other local government agency,
://wikia tribal organization, or another entitydetermined to be appropriate to carry out a
httpproject under this part; and that demonstrates
a record of, and experience in, providing or
administering group and individual health
and social services for older individuals; and
does not include an entity providing housing
under the congregate housing service
program or the multifamily service
coordinator program. (p. 82)
No provision. No provision. Defines naturally occurring retirement
rement Communitycommunity as a residential building, a
housing complex, an area (including a rural
area) of single family residences, or a
neighborhood composed of age-integrated
housing where 40% of the heads of
household are older individuals; or a critical
mass of older individuals that exists, based
on local factors which, taken in total, allow
an organization to achieve efficiencies in the



CRS-67
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
provision of health and social services to
older individuals living in the community;
and that is not an institutional care or assisted
living setting. (p. 83)
ommunity Innovations forNo provision. No provision. The bill would require the Assistant Secretary
ging in Place: grantsto make grants to eligible entities to enable
the entities to pay for developing or carrying
out model aging in place projects. The
projects are required to permit aging in place
for older individuals, including such
individuals who reside in Naturally
iki/CRS-RL33660Occurring Retirement Communities, which
g/whelp to sustain the independence of older
s.orindividuals in communities where the
leakindividuals have established personal, family,
and professional supportive networks. The
://wikientities are required to provide
httpcomprehensive and coordinated health and
social services through the projects. (p. 83)
ommunity Innovations forNo provision. No provision. The bill would require the Assistant Secretary
ing in Place: eligibility andto make grants for three-year periods. To be
pplication requirementseligible to receive a grant for a project, an
entity is required to submit an application to
the Assistant Secretary. (p. 84)
The bill would require that an application
includ e:
a description of the entitys experience in
providing services to older individuals in
age-integrated settings;
a definition of the contiguous service area
and a description of the project boundaries
in which the older individuals reside or
carry out activities to sustain their well-
b e i ng;



CRS-68
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
a description of how the entity will
cooperate and coordinate planning and
services with agencies and organizations
that provide publicly supported services for
older individuals within the project
boundaries, including the state agency and
area agencies on aging with planning and
service areas within the project boundaries;
an assurance that the entity will seek to
establish cooperative relationships with
interested local entities, including private
agencies and businesses that provide health
iki/CRS-RL33660and social services, housing entities,
g/wcommunity development organizations,
s.orphilanthropic organizations, foundations,
leakand other non-federal entities;
a description of the entitys protocol for
://wikireferral of residents who may require long-
httpterm care services, including coordination
with local information and referral agencies
and ADRCs who serve as single points of
entry to public services;
a description of how the entity will offer
opportunities for older individuals to be
involved in the governance, oversight, and
operation of the project;
an assurance that the entity will submit to
the Assistant Secretary such evaluations
and reports as the Assistant Secretary may
require; and
a plan for long-term sustainability of the
project. (p. 84)
ommunity Innovations forNo provision. No provision. The bill would require an eligible entity that
ing in Place: use of fundsreceives a grant to use funds to provide and
coordinate, through aging in place projects,
services that include a comprehensive and



CRS-69
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
coordinated array of community-based health
and social services, which may include
mental health services, for eligible older
individuals. (p. 86)
ommunity Innovations forNo provision. No provision. The bill would require the following services
to be provided:
ervices case management, case assistance, and
social work services;
health care management and health care
assistance, including disease prevention and
health promotion services;
iki/CRS-RL33660 education, socialization, and recreational
g/w activities;
s.or volunteer opportunities for project
leakparticipants; and
coordinating the services provided under
://wikiTitle III for eligible older individuals
httpserved by the project. (p. 87)
ommunity Innovations forNo provision. No provision. In carrying out an aging in place project, the
ervice areasbill would require an eligible entity, to the
extent practicable, to serve communities of
low-income individuals and operate or locate
projects and services, in or in close proximity
to, locations where large concentrations of
older individuals have aged in place and
resided, such as Naturally Occurring
Retirement Communities. (p. 87)
ommunity Innovations forNo provision. No provision. The bill would require that funds made
ing in Place: supplementavailable to an eligible entity under this
nd not supplant federal,section be used to supplement, not supplant,
ate, or other fundsany federal, state, or other funds otherwise
available to the entity to provide health and
social services to eligible older individuals.
(p. 88)



CRS-70
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
ommunity Innovations forNo provision. No provision. The bill would require the Assistant Secretary
(or require the Assistant Secretary to make a
ssistancegrant on a competitive basis to an eligible
nonprofit organization) to provide technical
assistance to recipients of grants and to carry
out other duties. (p. 88)
ommunity Innovations forNo provision. No provision. To be eligible to receive a grant to provide
ing in Place: eligibilitytechnical assistance, an organization is
ents for grants torequired to be a nonprofit organization
vide technical assistance(including a partnership of nonprofit
organizations), that has:
iki/CRS-RL33660 experience and expertise in providing
g/wtechnical assistance to entities serving older
s.or individuals;
leak experience evaluating and reporting on
programs; and
://wiki knowledge and expertise in community-
httpbased health and social services. (p. 89)
To be eligible to receive a grant to provide
technical assistance, the bill would require an
organization (including a partnership of
nonprofit organizations) to submit an
application to the Assistant Secretary,
including an assurance that the organization
will submit an evaluation as required. (p. 89)
ommunity Innovations forNo provision. No provision. The bill would require the Assistant Secretary
to annually prepare and submit a report to
sCongress that includes:
the findings resulting from the evaluations
of the model projects conducted under this
sectio n;
a description of recommended best
practices regarding carrying out health and
social service projects for older individuals



CRS-71
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
aging in place; and
recommendations for legislative or
administrative actions, as the Assistant
Secretary determines appropriate. (p. 89)
S FOR INDEPENDENCE DEMONSTRATION PROJECTS
ices for Independence:No provision.No provision.The bill would add a new Title IV program:
thorizationSec. 423 Choices for Independence
Demonstration Projects. (p. 90)
ices for Independence: definitions
iki/CRS-RL33660nsumerNo provision.No provision.Defines consumer as an older individual, a
g/wfamily member of such individual, and any
s.orother person seeking information or
leakassistance with respect to long-term care.
://wiki(p. 90)
httpigh-risk individualNo provision. No provision. Defines high-risk individual as an older
individual who has a functional impairment
affecting the individual’s activities of daily
living; is ineligible for the Medicaid
program; and meets such income and
functional status criteria as are determined to
be appropriate by the state involved and
approved by the Assistant Secretary. (p. 90)
ualified expendituresNo provision. No provision. Defines qualified expenditures as reported
expenditures of a state under this section that
have been reviewed and approved by the
Assistant Secretary. (p. 90)
No provision. No provision. Defines service coordination as a coordinated
approach taken on behalf of high-risk older
individuals to facilitate the development and
implementation of a long-term care plan and
the choice and independence of the



CRS-72
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
individuals in securing long-term care.
(p. 91)
ices for Independence:No provision. No provision. The bill would require the Assistant Secretary
ts to statesto make grants, on a competitive basis, to
states to enable them to pay for the federal
share of the cost of modifying their systems
of long-term care in order to promote and
facilitate:
the choice and control of older individuals
and their families in securing long-term
care;
iki/CRS-RL33660 the coordination and cost-effectiveness of
g/wstate systems of long-term care;
s.or the provision of long-term care in home
leakand community-based settings; and
the ability of individuals receiving long-
://wikiterm care to remain as independent and
httpself-sufficient as possible. (p. 91)
ices for Independence:No provision. No provision. For a state to be eligible, the bill would
ibilityrequire that the Governor submit an
application to the Assistant Secretary
containing a plan for implementation of the
component strategies and other information
and assurances as the Secretary determines
appropriate. (p. 91)
ices for Independence:No provision. No provision. The bill would require that a state use funds
f fundsto carry out a demonstration project under
this section (directly or by contract) by
integrating in the state’s system of long-term
care the following component strategies:
public education, ADRCs, healthy lifestyle
choices, and community living incentives.



CRS-73
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
ices for Independence:No provision. No provision. Public education: The state would be
tionrequired to conduct public education
activities that include media campaigns,
targeted mailings, and related activities, to
help ensure that consumers are aware of:
the need to plan in advance for long term
care;
available public and private long-term care
options, including private long-term care
insurance; and
sources of information and resources
related to long-term care, including
iki/CRS-RL33660ADRCs. (p. 92)
g/w
s.orices for Independence:No provision. No provision. ADRCs: The state is required to provide for
leakcommunity-level ADRCs, which are required
to provide —
://wiki comprehensive information on available
httppublic and private long-term care
programs, options, and resources;
personal counseling and service
coordination to assist consumers in
assessing their existing or anticipated long-
term care needs and circumstances, and
developing and implementing a plan for
long-term care designed to meet their
specific needs and circumstances;
a convenient point of entry to the range of
publicly-supported long-term care
programs for which an individual may be
eligible, including Medicaid, and to such
other public benefit programs as the state
determines to be appropriate;
a single process for consumer intake,
assessment, and application for benefits,
including, where appropriate and feasible,
facilitating the determination of an



CRS-74
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
individual’s eligibility under such programs
(including eligibility for Medicaid) by
collaborating with the appropriate
programmatic office; and
the ability to respond immediately to a
request for assistance from an individual or
an individual’s family member, in the event
of a crisis situation that could result in
placement in an institutional care setting;
and to provide (or coordinate the provision
of), available short-term assistance to
temporarily preclude the need for
iki/CRS-RL33660institutional placement, until a plan for
g/whome and community-based long-term care
s.orcan be developed and implemented. (p. 93)
leak
The bill would require that states ensure
://wikiADRC staff are appropriately trained to
httpunderstand the interactions between private
long-term care insurance (especially
insurance through long-term care partnership
policies) and eligibility for benefits under
Medicaid. (p. 95)
ices for Independence:No provision. No provision. Healthy Lifestyle Choices: The state would
thy Lifestyle Choicesbe required, in accordance with standards
established by the Assistant Secretary, to
provide for low-cost, community-level,
evidence-based prevention programs and
related tools 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. (p. 95)



CRS-75
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
ices for Independence:No provision. No provision. Community Living Incentives: The state
mmunity Living Incentiveswould be required to provide funding and
I)assist with the provision of home and
community-based long-term care to
individuals at high risk of placement in
institutional care. The state is required to
ensure that individuals at greatest risk for
becoming eligible for benefits under the
Medicaid program receive priority for the
home and community-based long-term care.
(p. 95)
iki/CRS-RL33660eds assessmentNo provision. No provision. The bill would require the state to provide for
g/wassessments of the needs and preferences of
s.orhigh-risk individuals with respect to long-
leakterm care, and based on such assessments,
develop with individuals and their family
://wikimembers, caregivers, or legal representatives,
httpa plan specifying the types of support,
providers, budget, and if the state elects, cost-
sharing contributions. (p. 96)
unding for individualNo provision. No provision. The bill would require that the state ensure
etsthat funding will be allocated among, and
disbursed for, the budgets of high-risk
individuals under long-term care plan.
(p. 96)
e andNo provision. No provision. The bill would require that the state provide
munity-based long-termhigh-risk individuals with the option to
receive home and community-based long-
term care in a manner that permits such
individuals to direct and control, in
conjunction with a service coordinator, the
selection, planning, budgeting, and
purchasing of such care (including the
amount, duration, scope, providers, and



CRS-76
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
location of such care), to the extent
determined appropriate and feasible under
the long-term care plan. The service
coordinator would be required to assist high-
risk individuals in purchasing from a
qualified provider a range of long-term care
services or supplies, not otherwise available
or eligible for payment through an entity
carrying out a federal or state program or a
similar third party, from a qualified provider
that are delivered in home and community-
based settings and in a manner that best
iki/CRS-RL33660meets individuals needs and individuals
g/wpreferences to remain in the least restrictive
s.orsetting possible. (p. 97)
leak
hareNo provision. No provision. The federal share of the cost of modifying
://wikisystems of long-term care may not be more
httpthan 75% of costs (calculated on an annual
basis as the state’s qualified expenditures for
such modifications for such year). (p. 97)
ordination with ADRCsNo provision. No provision. The bill would require that a state ensure that
AD R C s :
fully coordinate their activities with any
health insurance information, counseling,
and assistance (receiving funding under
Omnibus Reconciliation Act of 1990) in
the state;
be subject to such controls as the Assistant
Secretary determines to be appropriate to
ensure there is no conflict of interest on any
referrals, for information or otherwise,
made by the center for individuals
receiving services through the center; and
provide no long-term care services or
supplies, with the exception of case



CRS-77
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
management services through area agencies
on aging. (p. 98)
xclusion of payments asNo provision. No provision. The bill would require that payments made
e for determination offor a high-risk individual not be included in
itsthe gross income of the high-risk individual
for purposes of the Internal Revenue Code of
1986, or be treated as income, assets, or
benefits, or otherwise be taken into account,
for purposes of determining the individuals
eligibility for, the amount of benefits under,
or the amount of cost-sharing required of the
iki/CRS-RL33660individual by any other federal or state
g/wprogram, other than the CLI program. (p. 98)
s.or
leakices for Independence:No provision. No provision. The Assistant Secretary, directly or by grant
sistanceor contract, is required to provide for
://wikitechnical assistance to and oversight of states
httpcarrying out demonstration projects underthis section, for purposes of administration,
quality assurance, and quality improvement.
(p. 99)
ices for Independence:No provision. No provision. The bill would require that the Assistant
uationSecretary, directly or by grant or contract,
provide for an evaluation of the
demonstration projects carried out under this
section. The Assistant Secretary is required to
submit to the President a report containing
the findings resulting from such evaluation
not later than six months after the termination
of the demonstration projects. (p. 99)



CRS-78
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
ices for Independence:Section 432(c)(2)(B) requires the AssistantThe bill would also require the AssistantSame as H.R. 5293. (p. 100)
nsibilities of theSecretary to use evaluations of Title IVSecretary to prepare an analysis of such
sistant Secretaryprojects to improve services delivered, orservices, projects, and programs, and how
the operation of projects and programsevaluations relate to improvements in services,
carried out, under this act.projects, and programs, and in the AoA’s
strategic plan. (p. 63)
MMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS
itle V, Community ServiceTitle V is entitledCommunity ServiceThe bill would rewrite Title V and change itsNo change in current law.
mployment for OlderEmployment for Older Americans.name toOlder American Community Service
ericansEmployment-Based Training Act.” (p. 64)
iki/CRS-RL33660
g/w authorized: Section 502(a)(1) authorizes the SecretaryThe bill would authorize the Secretary toNo change in current law.
s.orsesof Labor to establish an older Americancommunity service employment program,establish an older American community serviceemployment- based training program. It would
leakwith the following purposes:change the following purposes:
://wiki to foster and promote useful part-time to foster and promote useful part-time publicNo change in current law.
httpopportunities in community serviceand private-sector employment-based
activities for unemployed low incometraining opportunities for unemployed low-
persons aged 55 or older and who haveincome eligible individuals who have poor
poor employment prospects;employment prospects. (p. 64)
No provision. to foster vital social and human services toNo change in current law.
communities by providing work experience to
eligible individuals in public agencies,
community-based and faith-based
organizations. (p. 64)
No provision.No provision. The bill would add the following: for
purposes of this paragraph, an
underemployed person will be considered an
unemployed person. (p. 100)



CRS-79
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
reements/grants to publicSection 502(b)(1) authorizes the SecretaryThe bill would authorize the Secretary to makeNo change in current law.
nd private non-profitto enter into agreements with state andgrants to public and private nonprofit agencies
izations/statenational public and private nonprofitand organizations, state agencies or tribal
cies/tribal organizationsagencies and organizations, state agenciesorganizations to carry out the program
or a political subdivision of a state, arequirements below. (p. 64)
combination of political subdivisions, or
tribal organizations to further the purposes
and goals of the program. The Secretary
may not make payments unless the
organization/agency meets the program
requirements described below.
iki/CRS-RL33660The agreements may include payment ofSimilar provision, except the reference is to
g/wcosts of projects developed bygrants, not agreements.
s.ororganizations and agencies in cooperation
leakwith the Secretary in order to make the
program effective or to supplement the
://wikiprogram.
http
ROGRAM REQUIREMENTS
sion of employment forSection 502(b)(1)(A) requires the programNo provision. No change in current law.
ible individualsto provide employment only for eligible
individuals, except for necessary technical,
administrative, and supervisory personnel.
Personnel shall, to the fullest extent
possible, be recruited from eligible
individuals.
0% of hours worked to be inNo provision.The bill would require that not less than 50% ofNo change in current law.


munity servicehours worked in a program year (in the
ployment-based trainingaggregate) be in community service
employment-based training provided by a
grantee and that the program provide
authorized activities only for eligible
individuals. (p. 65)

CRS-80
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
mployment in communitiesSection 502(b)(1)(B)(I) requires theThe bill would require that the program provideNo change in current law.
here eligible individualsprogram to provide employment forauthorized activities for eligible individuals in
ide; no less than 50% ofeligible individuals in the community inthe community in which they reside, or in
urs worked to be inwhich they reside, or in nearbynearby communities, in a program year, and
munity servicecommunities.that no less than 50% of hours worked (in the
ployment-based training aggregate) shall be in community service
employment-based training provided by a
grantee. (p. 65)
ployment for individuals,Section 502(b)(1)(B)(ii) requires that if aSimilar provision, except refers to authorizedNo change in current law.
Indians residing onTitle V project is carried out by a tribalactivities, including community service
ndian reservationsorganization, or a tribal organizationemployment-based training. (p. 65).
iki/CRS-RL33660funded by a state, it will provide
g/wemployment for individuals including
s.orIndians who reside on an Indian
leakreservation as defined in Section 2601(2)
of the Energy Policy Act of 1992.
://wiki
httphibition of participation eligible individuals No provision. The bill would prohibit participation by eligibleindividuals (in the aggregate) for an averageThe bill would allow an eligible individual toparticipate for up to 36 months (whether or
ceeding a specified period per capita period that exceeds 24 monthsnot consecutive) in the aggregate. (p. 100)
(whether or not consecutive) during the
program year and the previous program yearsA grantee may extend the period of
in which a grantee carried out Title V projects.participation for not more than 20% of the
(p. 66)project participants. In selecting participants
for the extended period, the grantee is to give
priority to: participants age 65 and older or
frail older individuals and individuals who
have more than one of the following barriers
to employment:
a disability;
limited English proficiency or low literacy
skills;
rural residence;
residence in an area of high employment;
homelessness or a situation that puts the



CRS-81
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
individual at risk for homelessness; and
failure to find employment after using
services under Title I of Workforce
Investment Act (WIA). (p. 101)
A grantee may petition for a waiver of the
36-month limit if the grantee serves a high
concentration of individuals who are hard-to-
serve because they have more than one
barrier to employment, including a grantee
who operates a project in an area where at
least 60% of the counties are rural counties
iki/CRS-RL33660(as defined by the Economic Research
g/wService of the Department of Agriculture).
s.or(p. 101)
leak
ployment in public andSection 502(b)(1)(C) requires Title VThe bill would require Title V projects toNo change in current law.
://wikiate non-profitprojects to employ eligible individuals inprovide employment-based training in publicly
httpizations/for-profitpublicly owned and operated facilities orowned and operated facilities or Section
izationsprivate non-profit organizations, other than501(c)(3) private non-profit organizations and
political parties exempt from taxationin projects sponsored by profitmaking
under Section 501(c)(3) of the IRS Code.organizations. It would exclude political
parties exempt from taxation under Section
501(c)(3) of the IRS Code. (p. 66)
in unsubsidizedNo provision.The bill would require that projects areNo change in current law.
ploymentintended to result in unsubsidized employment
after an individual completes Title V
participation. (p. 67)
ntribution to theSection 502(b)(1)(D) requires that projectsThe bill would require that projects contributeNo change in current law.


mmunitywill contribute to the general welfare of theto the general welfare of the community, which
community.may include support for children, youth and
families. (p. 67)

CRS-82
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
sion of employment forSection 502(b)(1)(E) requires projects toNo provision.No change in current law.
ible individualsprovide employment for eligible
individuals.
ncrease in employmentSection 502(b)(1)(F) requires projects toSimilar provision, but wording is slightlyNo change in current law.
pportunitiesresult in an increase in employmentdifferent: it states that projects will not reduce
opportunities over those otherwisethe number of job opportunities or vacancies
available.that would otherwise be available to non-
participants. (p. 67)
hibition of Title VSection 502(b)(1)(G) prohibits projectsSame as current law, except refers to anNo change in current law.
performing work offrom employing individuals to performindividual in employment-based training.
iki/CRS-RL33660erson who is on layoffwork that is the same as, or substantially(p. 67)
g/wthe same as, that of an individual who is on
s.orlayoff.
leakoordination with theSection 502(b)(1)(H) requires projects toThe bill would require that projects coordinateNo change in current law.
://wikiforce Investmentstemuse recruitment and selection methods, andlisting of job vacancies, with the statewith training and other services under WIA,including the one-stop delivery system, to
httpemployment agency to assure a maximumrecruit eligible individuals to ensure that the
number of eligible individuals have anmaximum number of eligible individuals have
opportunity to participate.an opportunity to participate. (p. 67)
Also requires projects to participate in the
one-stop delivery system established under
WIA.
ining and payment ofSection 502(b)(1)(I) requires projects toSimilar provision, except training may includeNo change in current law.


’ expensesprovide training, as may be necessary, tocommunity service employment-based training,
make the most efficient use of the skillswork experience, on-the-job training, and
and talents of participants.classroom training. (p. 68)
Also requires projects to pay forDeletes provision for payment of subsistence
reasonable expenses, including aallowance while in training.
reasonable subsistence allowance, of
people being trained.

CRS-83
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
fe and healthy conditionsSection 502(b)(1)(J) requires projects toSimilar provision, except refers to safe andNo change in current law.
assure safe and healthy conditions of work.healthy conditions in employment-based
training facilities or other training facilities.
(p. 68)
of enrolleesSection 502(b)(1)(J) requires that enrolleesSimilar provision, except that the bill eliminatesNo change in current law.
be paid the highest of:the reference to public occupations in number
1) the federal minimum wage;3. (p. 68)
2) the state or local minimum wage for the
most nearly comparable covered
employment; or
3) the prevailing rates of pay for persons
iki/CRS-RL33660employed in similar public occupations by
g/wthe same employer.
s.or
leak to be establishedSection 502(b)(1)(K) requires the projectsSimilar provision, except advice is to be fromNo change in current law.
ith advice of experiencedbe established or administered with thepersons competent in the field of service in
://wikionsadvice of people competent in the field ofwhich job training is being provided. ( p. 69)
httpservices in which employment is beingprovided, and who are knowledgeable
about the needs of older people.
ent for transportationSection 502(b)(1)(L) requires projects toThe bill would authorize payment for necessaryNo change in current law.
sts/supportive servicesauthorize payment of necessarysupportive services costs, including
transportation costs of eligible individualstransportation costs of eligible individuals
incurred in employment.incurred in training. ( p. 69)
l needs individualsSection 502(b)(1)(M) requires projects toNo change in current law. The bill would change the reference to
serve the needs of minority, limitedeligible individuals with limited English
English-speaking, and Indian eligibleproficiency. (p. 100)


individuals, and those with greatest
economic need, at least in proportion to
their numbers in the state, and to consider
their rates of poverty and unemployment,
to the extent feasible.

CRS-84
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
vities with WIASection 502(b)(1)(Q) requires projects toRefers to content of the cited sections of WIA.No change in current law.
provide the Secretary the description of(p. 71)
and information on paragraphs (8) and (14)
of Section 112(b) of WIA.
inistrativeSection 502(b)(1)(R) requires that entitiesSimilar provision, except that the Secretary isNo change in current law.
or entities carrying out project activities, includingto determine the amount of the administrative
state agencies, local entities, subgrantees,cost allocation. ( p. 71)
subcontractors, and affiliates, receive an
amount of the administrative cost
allocation that is sufficient for the
administration of project activities.
iki/CRS-RL33660
g/wnnovative work modes andSection 502(b)(3) requires the Secretary toNo provision. (See Demonstration projects,No change in current law.
s.orb opportunitiesdevelop alternatives for innovative workbelow.)
leakmodes and provide technical assistance in
creating job opportunities through work
://wikisharing and other experimental methods
httpwith labor organizations, business andindustry and workers and employers.
eciprocity of assessments ofSection 502(b)(4) stipulates that anSimilar provision. (p. 72)No change in current law.
iduals under Title V andassessment and service strategy developed
for individuals under Title V will be
considered to meet the assessment
requirements for qualification for training
under Title I, Subtitle B of WIA. Also, an
assessment and service strategy under Title
I of WIA will be considered to meet the
Title V requirement for an assessment and
service strategy.
n-federal shareSection 502(c)(1) authorizes the SecretaryNo change in current law (subparagraphs areNo change in current law.


to pay a 90% federal share, except whereadded). (p. 72)
projects are located in an emergency or
disaster area or in an economically
depressed area, as determined by the

CRS-85
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
Secretary in consultation with the
Secretaries of Commerce and HHS. The
non-federal share may be in cash or in-
kind. In determining the amount of the
non-federal share, the Secretary is
authorized to attribute fair market value to
services and facilities from non-federal
sources.
efinition of administrativeSection 502(c)(4) stipulates thatThe bill would add to the definition ofNo change in current law.


tsadministrative costs (personnel and non-administrative costs:
personnel, direct and indirect) are those (to accounting) related data processing;
iki/CRS-RL33660associated with: quality assurance;
g/w accounting, budgeting, financial and cash preparing program plans;
s.ormanagement; (to personnel management) personnel
leak procurement and purchasing;administration, administration of affirmative
property management;action plans, and training and staff
://wiki personnel management;development;
http payroll; administrative salaries, including clerical and
coordination and resolution of findingsother support staff salaries;
arising from audits, reviews, preparing reports;
investigations and incident reports; other activities necessary for the general
audit;administration of government funds and
general legal services;associated programs; and
developing systems and procedures costs of technical assistance, professional
required for administrative functions;organization membership dues, removal of
oversight and monitoring;architectural barriers, operating and
goods and services;maintaining assistive technology, and
travel for official business; andevaluating program results against stated
information systems.objectives. (p. 74)
It would exclude from travel costs, travel costs
relating to providing services. (p. 76)

CRS-86
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
agesSection 502(b)(6) stipulates that funds notFunds not used for administration are to beNo change in current law.
used for administration are to be used forused for:
programmatic costs including: participant wages;
enrollee wages;
matic costs: fringe fringe benefits, including physical benefits required by law (such as workers No change in current law.
itsexams;compensation or unemployment
compensation), physical exams,
compensation for federal holidays if the
employer is closed, necessary sick leave not
part of an accumulated sick leave program;
excludes costs of pension benefits, annual
iki/CRS-RL33660leave, accumulated sick leave or bonuses.
g/w(p. 77)
s.or
leakmatic costs: training enrollee training, provided before or afterSame provision, but wording is slightlyNo change in current law.
placement, on the job, in classrooms, ordifferent. (p. 77)
://wikiother arrangements; reasonable costs of
httpinstructors, classroom rental, trainingsupplies, materials, equipment and
tuition;
matic costs: supportive services, including Excludes health and medical services. (p. 78)No change in current law.
rtive servicestransportation, health and medical
services, special job-related or personal
counseling, incidentals (work shoes,
badges, uniforms, eyeglasses and tools)
child and adult care, temporary shelter,
and follow-up services.
it on fund for wages andSection 502(b)(6) stipulates that not lessThe bill changes the amount for wages andNo change in current law.


of enrolleesthan 75% of federal funds be used to paybenefits to not more than 65% of federal funds
wages and benefits of enrollees.(excluding funds for pilot and demonstration
and evaluation projects authorized by the bill).
(p. 78)

CRS-87
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
sultation with areaSection 502(d) requires projects to consultNo provision.No change in current law.
cies on agingwith the respective area agency on aging,
and to submit to the area agency and the
state agency a description and location of
the project 90 days before undertaking the
project for their review and comment.
onstration projects Section 502(e) requires the Secretary toThe bill would require the Secretary to carryNo change in current law.


conduct projects designed to assure secondout demonstration, pilot and evaluation projects
career training and placement ofto develop and implement techniques and
individuals in private business concerns.approaches and to demonstrate effectiveness of
The Secretary is required to enter intospecialized methods in addressing the
iki/CRS-RL33660agreements with states, public agencies,employment and training needs of eligible
g/wnonprofit private organizations and privateindividuals. (p. 78)
s.orbusiness. The Secretary may pay for all of
leakthe costs of these projects and shall, to theThe bill does not specify which entities are to
extent feasible, assure equitable geographicreceive funds, how much the Secretary will
://wikidistribution.pay, or that there will be equitable distribution.
http
Projects are to: Projects may include:
involve different kinds of work modes activities linking business and eligible
such as flextime, job sharing, and otherindividuals, including assistance to
arrangements relating to reducedparticipants transitioning from subsidized
physical exertion;activities to private sector employment;
emphasize projects involving second demonstration projects to attract more eligible
careers and job placement and giveindividuals into the labor force; improve the
consideration to placement in growthprovision of services to eligible individuals
industries in jobs reflecting newunder the one-stop delivery system under
technological skills; and WIA; enhance technological skills of eligible
require the coordination of projects withindividuals; and provide incentives to Title V
Title I of WIA.grantees for exemplary performance, and
incentives to business to promote their
The Secretary is to carry out evaluations ofparticipation in Title V;
these activities on a regular basis. demonstration projects described above only
if they are designed to assist in developing
and implementing techniques to address

CRS-88
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
employment and training needs of eligible
individuals;
training and technical assistance to support
Title V projects;
dissemination of best practices; and
evaluation of Title V activities.
Funds for these projects are to come fromFunds for these projects are to come from
funds reserved under Section 506(a)(1).reserved funds from Section 506(a)(1). (p. 78)
valuation of Title VSection 502(f) requires the Secretary toSimilar provision above in previous box at endNo change in current law.
vitiescarry out evaluations of Title V activities,but does not specify when evaluations are to
iki/CRS-RL33660including Section 502(e) demonstrationtake place. (p. 80)
g/wprojects, on a regular basis.
s.or
leakf the SenateNo provision. No provision. The bill would add a provision that it is the
sense of the Senate that:
://wiki the older American community service
httpemployment program was created with theintent of placing older individuals in
community service positions to provide job
training placements; and
placing older individuals in community
service positions strengthens the ability of
individuals to become self-sufficient,
provides much-needed volunteer support to
organizations which benefit significantly
from increased civic engagement, and
strengthens the communities that are served
by such organizations. (p. 102)
TE PLAN
tate Plan: submission,Section 503(a) requires the Governor toThe bill would require that for a state to beNo change in current law.


ming and commentssubmit an annual State Senior Employmenteligible to receive an allotment, the chief
Services Coordination Plan to theexecutive officer of the state must submit a
Secretary.single state plan to the Secretary for

CRS-89
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
consideration and approval. (p. 80)
The plan is to outline a three-year strategy for
the statewide provision of training and related
activities. (p. 80)
The plan must contain a description of theSimilar provision regarding the process to
process to ensure participation, and toensure participation, but refers to obtaining
include the advice and recommendationsadvice and recommendations of unemployed
of individuals representing: state and areaolder individuals rather than underserved older
agencies on aging; state and localindividuals. (p. 81)
workforce investment boards; public and
iki/CRS-RL33660private non-profit organizations providing
g/wemployment including Title V projects;
s.orsocial service organizations; Title III
leakgrantees; affected communities, and
underserved older individuals, among
://wikiothers.
http
State plans submitted by the GovernorRefers to chief executive officer.
must include public comments.
The plans must identify and address whatIn addition to the cited provisions in current
the relationship of the number of eligiblelaw, the bill would add new requirements that
individuals in each area is to the totalthe plan address the current and projected
number of eligible individuals in the state;employment opportunities in the state, by
the relative distribution of individualsoccupation, and types of skills of local eligible
residing in urban and rural areas; and theindividuals; the locale and populations most
relative distribution of eligible individualsneeded by Title V projects; and plans for
with greatest economic and social need,coordination of Title V and WIA activities.
and minority eligible individuals.(p. 81)
Adds reference to individuals who have limited
English proficiency. (p. 82)



CRS-90
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
ate Plan: comments byThe law requires that before a proposal isRefers to chief executive officer. (p. 83)No change in current law.
overnor/state chiefsubmitted to the Secretary, the Governor of
ecutive officerthe state is to have a reasonable
opportunity to submit recommendations to
the Secretary regarding a number of
factors.
tate Plan: avoidance ofThe law requires that in developing plansEliminates reference to community serviceNo change in current law.
rticipant disruptionand considering recommendations,employment and refers to participants instead of
disruptions of community serviceenrollees. (p. 83)
employment opportunities for current
enrollees be avoided to the maximum
iki/CRS-RL33660extent possible.
g/w
s.orNational grantees (receiving separateChanges will to may. (p. 84)No change in current law.
leak that serve oldergrants to serve older Indians from funds
nsreserved under Section 506(a)(3) will not
://wikibe required to participate in the state
httpplanning process, but will collaborate withthe Secretary to develop a plan for projects
and services for older Indians.
ate Plan: distribution ofSection 506 requires the Secretary toNo change in this portion of current law (see
ssistancereserve the following amounts, beforebelow).


allocating funds to states:
up to 1.5% of the total appropriation is to
be reserved for Section 502(e)
experimental projects to transition
enrollees into private sector employment;
0.75% of the total appropriation is to be
reserved for U.S. territories; and
such sums as may be necessary are to
be reserved for national grants to public
or private organizations serving older
Indians and older Pacific Island and
Asian Americans.

CRS-91
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
After these reservations, the remainingThe bill would change the hold harmless
funds are divided into two amounts, oneamount to the FY2006 level of activities.
for national grant organizations and the(p. 92)
other for state agency grants, with a
requirement that funds are distributed at
their FY2000 level of activities, that is, the
FY2000 hold harmless amount.
FY2000 level of activities, for nationalThe bill would delete the reference to Section
grants and for state grants, is defined as514(e) and (f) amounts. (p. 98)
the FY2000 level of activities after
deduction of funds for failure to meet
iki/CRS-RL33660performance standards as described in
g/wSection 514(e) and (f).
s.or
leakLevel of activities is defined as the numberNo change in current law.
of authorized positions multiplied by the
://wikicost per authorized position.
http
Each allotment is distributed to states
according to a formula that takes into
account a state’s relative population 55 and
older and the relative state per capita
income. Each state is to receive a
minimum amount of funds, defined as one-
half of 1% of the total appropriation for the
respective fiscal year.
If funds for a given year are equal to, orRefers to FY2006 appropriations and level of
less than, the FY2000 appropriation, statesactivities.


are to receive an amount in proportion to
their respective FY2000 level of activities.
If funds are more than the FY2000
appropriation level: (1) the population and
per capita formula factors are applied; and
(2) states are to receive at least 30% of the

CRS-92
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
percentage increase above the FY2000
level.
If funding in any fiscal year is insufficientRefers to FY2006 level of activities.
to meet FY2000 levels of activity, then
amounts are reduced proportionately. If
funding exceeds the FY2000 level, up to
$35 million of the excess is to be
distributed as follows: 75% of the excess is
to be provided to state agencies, and 25%
of the excess is to be provided to national
organizations. Any funding amount over
iki/CRS-RL33660$35 million that remains is to be
g/wdistributed 50/50 to state agencies and
s.ornational organizations, respectively.
leak
PETITION FOR AWARD OF GRANTS
://wiki
httpod of grant awardsSection 514(a) requires the Secretary toaward grants to eligible applicants for oneThe bill would require the Secretary to awardgrants for three year periods through aThe bill would require the Secretary to awardgrants to eligible applicants, through a
year. The Secretary is to award grants forcompetitive process.competitive process that emphasizes meeting
a period not to exceed three years, afterperformance measures, to carry out projects
establishing regulations and performanceIf a grant recipient satisfies the performancefor a four-year period. (p. 105)
measures.standards established by the bill (in Section
513) during the three-year period for which any
grant is made, the Secretary may award grants
to the recipient to continue the project beyond
the three-year period, but not longer than two
successive one-year periods. (p. 109)
hibition on competitionNo provision.No provision. The Secretary would be prohibited from
il implementation ofcarrying out a grant competition until the
tors, or January 1,later of (1) the date when the Secretary
implements all required performance
indicators, and (2) January 1, 2010. (p. 105)
ibility criteria for awardsThe bill would specify that an applicant isNo change in current law. No change in current law.



CRS-93
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
eligible to receive a grant in accordance
with Section 502(b)(1) and Subsections (c)
and (d).
Section 514(c) sets the following thatGenerally retains the criteria with theseGenerally retains the criteria but would add:
applicants must meet:changes: the applicant’s performance on the required
administer a program serving the greatest Changes age to age 65 and older in firstindicators specified by the bill (in the case
number of eligible individuals, withcriterion listed in current law. of previous recipients), and the applicant’s
particular consideration to those with the Adds applicants prior performance, if any, inability to meet the required indicators (in
greatest economic need, greatest socialmeeting performance measures under Title Vthe case of new applicants);
need, poor employment history orand other federal or state programs. (p. 110) the applicant’s ability to administer a
prospects, and over age 60;program that provides community service;
iki/CRS-RL33660 administer a program that provides the applicant’s ability to minimize
g/wemployment for eligible individuals indisruption in services for participants and
s.orcommunities in which individuals live, oremployers; and
leakin nearby communities, that will additional criteria specified by the
contribute to the general welfare of theSecretary. (p. 105)


://wiki co mmunity;
http administer a program that moves eligible
individuals into unsubsidized
employment;
move individuals with multiple barriers
to employment into unsubsidized
employment; and
coordinate with other state and local
o r ga ni z a t i o ns.
The applicant must include a plan for fiscal
management and meet any other criteria
that the Secretary deems appropriate in
order to minimize disruption for current
enrollees.

CRS-94
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
RFORMANCE MEASURES
ance measures:Section 513(a)(1) requires the Secretary toNo change in current law. (p. 101, lines 17-24)The bill would require the Secretary to
tablishmentestablish performance measures, inestablish and implement performance
consultation with grantees, subgrantees,measures, after consultation with the
host agencies, states, older individuals,Assistant Secretary for Aging (and others
area agencies and others.listed in current law). The bill would also
require the Assistant Secretary to provide
recommendations to the Secretary on
establishment and implementation of
performance measures. (p. 103)
iki/CRS-RL33660ance measures:Section 513(a)(3) and (4) requires theSimilar to current law, but shortens theNo change in current law.
g/wnnual requirementSecretary to annually establish nationalprovisions. (p. 105, lines 5-11)
s.orperformance measures for national and
leakstate agency grantees, regardless ofAdds that the measures must include the core
whether the grantee operates the programindicators and expected level of performance.
://wikidirectly or through contracts, grants or(p. 105, lines 12-14)
httpagreements with other entities.
Grantee performance is to be measured inNo provision.
accordance with requirements of Section
514(e)(f) (requirements on competition,
technical assistance, and corrective action).
ance measures:No provision.The bill would require the Secretary and eachNo provision.


ent on expected levelsgrantee to reach agreement on expected levels
of performance for each program year for each
of the core indicators, as specified by the bill.
The agreement must take into account
continuous improvement of performance, and
adjustment factors specified by the bill.
Funds may not be awarded until agreement is
reached. (p. 102, lines 15, p. 103, lines 1-2)

CRS-95
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
ance measures:Section 513(a)(2) requires thatThe bill would establish core indicators and theNo change in current law.
mposition performance measures consist of indicatorsexpected levels of performance applicable to
of performance and levels of performanceeach indicator and additional indicators.
applicable to each indicator.(p. 102)
ance measures:Section 513(b) establishes requiredThe bill would establish core indicatorsNo change in current law.
indicators consisting of:consisting of:
placement and retention in unsubsidized entry into unsubsidized employment;
public or private employment; retention in unsubsidized employment for six
number of persons served, withmonths;
particular consideration to individuals earnings; and
with the greatest economic and social hours (in the aggregate) of community
iki/CRS-RL33660need, poor employment history orservice employment-based training pursuant
g/wprospects, and individuals who are ageto 502(b)(1) (that is, in accordance with the
s.or60 and older;requirement that at least 50% of hours be in
leak community services provided; andcommunity service employment). (p. 106)
satisfaction of enrollees, employers, and
://wikihost agencies with experiences and
httpservices provided.
ance measures:Section 513(b)(5) includes additionalThe bill would specify the following additionalNo change in current law.


dditional indicatorsindicators as determined appropriate by theindicators:
Secretary. retention in unsubsidized employment for one
year;
number of eligible individuals served
including the number of participating
individuals in Section 516(2)(A)(ii) (those
having priority for work opportunities); and
any other indicators determined appropriate
by the Secretary to evaluate services and
performance. (p. 106)

CRS-96
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
ance measures:Section 513(c) requires the Secretary toSimilar provision (p. 107, lines 4-8)No change in current law.
suance of rules onissue rules on definition of indicators, after
consultation with national and state
grantees, business and labor, and
providers.
ance measures:Section 513(a)(2)(B) requires that theThe bill would specify that the expected levelsThe bill would add other adjustments factors:
justmentslevels of performance (applicable toof performance be adjusted according to the not less than 60% of counties in areas
indicators of performance) are to befactors in current law, and would add anotherserved by grantees are rural, as defined by
adjusted only with respect to the followingadjustment factor:the Economic Research Service of the
factors: changes in the federal, state or local minimumDepartment of Agriculture;
high rates of unemployment, poverty, orwage. (p. 103) the areas served by the grantee comprise a
iki/CRS-RL33660welfare recipiency in areas served by thedifficult to serve territory due to limited
g/wgrantee, relative to the state or the nation;economies of scale. (p. 103)
s.or significant downturns in areas served by
leakthe grantee or in the national economy;
significant numbers or proportion of
://wikienrollees with one or more barriers to
httpemployment served by the grantee
relative to other grantees in other areas of
the state or the Nation.
ance measures:No provision. The Secretary would be required annually toNo change in current law.
nnual publication of granteepublish the actual performance of each grantee
ancewith respect to the levels of performance
achieved for each of the core indicators,
compared to expected levels of performance,
including any adjustments; and the levels
achieved for each of the additional indicators of
performance. (p. 105, line 15)
ance measures:Section 513(a)(2)(C) requires the SecretaryThe bill would change the percentage forNo change in current law.


cement into unsubsidizedto establish a performance measure thatunsubsidized employment as follows: 22% in
ploymentplaces at least 20% of enrollees inFY2007, 24% in FY2008, 26% in FY2009,
unsubsidized employment (and adjusted28% in FY2010, and 30% in FY2011. (p. 104)
according to the adjustment factors).

CRS-97
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
No provision. If a grantee achieved a level of performance
less that these percentages for a preceding FY
before enactment of the bill, the Secretary is
required to provide technical assistance to assist
the grantee to achieve the percentage. (p. 104)
The term placement into public or privateThe bill does not include the definition of
unsubsidized employment means full- orplacement.
part-time paid employment in the public or
private sector by an enrollee for 30 days
within a 90-day period without using Title
iki/CRS-RL33660V, or any other federal or state subsidy
g/wprogram, or the equivalent of such
s.oremployment as measured by enrollee
leakearnings though the use of wage records.
://wikiance measures:The term retention in public or privateNo provision.No change in current law.


httpploymentunsubsidized employment means full- or
part-time paid employment in the public or
private sector by an enrollee for six months
after the starting day of unsubsidized
employment without the use of Title V
funds or any other federal or state
employment subsidy program.

CRS-98
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
ance measures:No provision.No provision.The bill would prohibit the Secretary from
emption when a granteereducing a score on a performance measure
tends time for participationof:
a grantee that receives a waiver to extend
the period of time for enrollee participation
if the grantee serves a high concentration of
hard-to-serve individuals; and
a grantee that extends the enrollee
participation period of time for more than
20% of participants for priority participants
as specified by the bill. (p. 104)
iki/CRS-RL33660CTIVE ACTION AND TECHNICAL ASSISTANCE BASED ON PERFORMANCE, AND REQUIREMENTS FOR COMPETITION BASED ON
g/wRFORM ANCE
s.or
leakational organizations:Section 514(e)(1) and (2) requires theThe bill would require the Secretary toNo change in current law.


sistance andSecretary to determine if a national granteedetermine if a national grantee has met the
://wikied onhas met the performance measures, withinexpected levels of performance, (and
httpance120 days after the end of the program year.adjustments) for the core indicators establishedby the bill, within 120 days after the end of the
program year. (p. 107)
If the Secretary determines that a granteeNo change in current law.
fails to meet the expected levels of
performance, the Secretary is required to
provide technical assistance and require the
grantee to submit a corrective action plan
not later than 160 days after the end of the
program year. The plan must detail the
steps the grantee will take to meet the
national performance measures in the next
program year.

CRS-99
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
ational organizations:Section 514(e)(2)(C) stipulates that if aDeletes the provision. Same as H.R. 5293.
econd year of failure ingrantee fails to meet the national
eeting performanceperformance measures for a second
andards — reduction ofconsecutive year, the Secretary is required
5% of fundsto conduct a national competition to award
25% of the funds awarded to the grantee
for the following year (minimizing to the
extent possible, disruptions of services to
enrollees).
ational organizations: thirdSection 515(e)(2)(D) stipulates that if aDeletes the provision.
ear of failure in meetinggrantee fails to meet the nationalSame as H.R. 5293.
iki/CRS-RL33660ance standardsperformance standards for a third
g/withdrawal of all fundsconsecutive year, the Secretary is required
s.orto conduct a national competition to award
leakthe remainder of funds (after 25%
deduction specified above) for use for the
://wikifollowing year.
http
The grantee receiving the funds through
the national competition must continue to
serve the geographic areas served by the
former grantee.
ational organizations:In addition to the requirements above,No provision. The bill would require the Secretary to
ditional competitionSection 514(e)(3) requires the Secretary toprovide technical assistance instead of taking
ents where nationaltake corrective action, if the Secretarycorrective action.
izations havedetermines that a project operated by a
erformance levels 20% ornational grantee in a state has attainedThe bill would eliminate the provisions
ore below the nationalperformance levels 20% or more below theregarding the first, second and third years of
ance standardsnational performance measures, and hasfailure. (pp. 106-107)


failed to meet national performance
measures (unless there are adjustment
factors cited above that have to be
considered.)

CRS-100
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
First year of failure: After a project’s first
year of failure, the Secretary must require
a corrective action plan, and may transfer
responsibility of the project to other
grantees, provide technical assistance, and
take other actions.
Second year of failure: After a project’s
second year of failure, the corrective action
plan may include transfer of responsibility
for a portion or all of the project to a state
or public or private organization, or
iki/CRS-RL33660competition for a portion or all of the
g/wfunds to carry out the project among all
s.oreligible entities that meet the responsibility
leaktests (except for the grantee that is subject
to corrective action).
://wiki
httpThird year of failure: After the third
consecutive year of failure, the Secretary is
required to conduct a competition for
funds to carry out the project among all
eligible entities that meet the responsibility
tests (except for the grantee that is subject
to corrective action).
ance measures:Section 514(e)(4) requires the Secretary toNo provision. No change in current law.
t by the Governorreview the performance of a public or
private non-profit agency or organization
within a state, upon request of the
Governor. If performance is not justified,
the Secretary is to take corrective action.
: technical assistanceSection 514(f) requires the Secretary toThe bill would require the Secretary toNo change in current law.


eddetermine if a state grantee has met thedetermine if a state grantee has met the
performanceperformance measures, within 120 daysexpected levels of performance (and

CRS-101
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
after the end of the program year.adjustments) for the core indicators established
by the bill, within 120 days after the end of the
program year. (p. 108)
If the Secretary determines that a stateNo change in current law. No change in current law.
grantee fails to meet the expected levels of
performance, the Secretary is required to
provide technical assistance and to require
the grantee to submit a corrective action
plan not later than 160 days after the end
of the program year.
iki/CRS-RL33660The plan must detail the steps the state willNo change in current law.No change in current law.
g/wtake to meet the performance measures.
s.or
leak
://wikitates: second year of failure If a state fails to meet the nationalDeletes the provision. Same as H.R. 5293.
httpion of 25% of fundsperformance standards for a second
consecutive year, the Secretary is required
to have the state conduct a competition to
award 25% of the funds awarded to the
state for use during the following year
(minimizing to the extent possible,
disruption of services to enrollees).
tates: third year of failure If a state fails to meet the nationalSimilar provision. (p. 109) No provision.
ithdrawal of all fundsperformance standards for a third
consecutive year, the Secretary is required
to have the state conduct a competition to
award the funds allocated to the state for
use during the following year.
rantees serving individualsNo provision.No provision.The bill would add a definition of individuals
ith barriers to employmentwith barriers to employment: minority and
Indian individuals, individuals with limited



CRS-102
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
English proficiency, and individuals with
greatest economic need. (p. 107)
In areas where a substantial population of
individuals with barriers to employment
exist, a grantee that received a national grant
shall give special consideration to selecting
organizations (including former recipients of
national organizations) with demonstrated
expertise in serving individuals with barriers
to employment. (p. 107)
iki/CRS-RL33660ibition on promulgationNo provision.No provision.The bill would prohibit the Secretary from
g/wles negatively affectingpromulgating rules, affecting grantees in
s.orinority serving granteesareas where a substantial population of
leakminority individuals exist, that would
significantly compromise the ability of
://wikigrantees to serve their targeted populations.
http(p. 108)
uthorization ofSection 515 authorizes $475 million forThe bill would authorize such sums as may beNo change in current law.


priationsFY2001 and such sums as may benecessary for FY2007-FY2011. (p. 114)
necessary for FY2002-FY2005, plus such
additional funds to provide for 70,000 part-
time employment positions. (defined as at
least 20 hours within a workweek).
Funds are to be used on a July 1-June 30No change in current law.
basis.
The Secretary is allowed to extend theNo change in current law.
period for use of funds if the Secretary
determines that the extension is necessary
to ensure effective use of funds.

CRS-103
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
undsSection 515(c) allows the Secretary toThe bill would eliminate unexpended funds toNo provision.
recapture any unexpended funds for abe used for incentive grants. (p. 115)
program year and reobligate funds within
the two succeeding programs years to be
used for: (1) incentive grants; (2) technical
assistance, or (3) grants or contracts for
any other program under the Title.
FINITIONS
mmunityDefines community service as social,Defines community service employment-basedNo change in current law.
ervice/community servicehealth, welfare, and educational servicestraining as work experience that is related to
iki/CRS-RL33660ployment-based training(including literacy tutoring), legal andthe same elements as in current law. (p. 115)
g/wother counseling services and assistance,
s.orincluding tax counseling and assistance
leakand financial counseling, and library,
recreational, and other similar services;
://wikiconservation, maintenance, or restoration
httpof natural resources; communitybetterment or beautification; anti-pollution
and environmental quality efforts;
weatherization activities; economic
development, and such other services
essential and necessary to the community
as the Secretary may prescribe by
regulation.
ible individualsDefines eligible individuals as those agedThe bill would exclude as incomeThe bill would exclude as income items
55 years and older, who have a lowunemployment compensation, Supplementalexcluded by H.R. 5293, as well as payments
income, including those whose income isSecurity Income (SSI) benefits, or 25% ofmade to or on behalf of veterans or former
not more than 125% of the Office ofbenefits received under Title II of the Socialmembers of the Armed Forces under laws
Management and Budget (OMB) povertySecurity Act. (p. 116)administered by the Secretary of Veterans
guidelines.Affairs. (p. 108)
iduals to have priorityPersons aged 60 and older are to haveThe bill would require that any individuals whoNo change in current law.


ork opportunitiespriority for work opportunities. meet one or more of the following criteria have
priority for work opportunities

CRS-104
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
is 65 years of age or older; or has one or more
of the following barriers to employment:
has a disability;
has limited English proficiency or low
literacy skills;
resides in a rural area;
is a veteran;
has low employment prospects; or
has failed to find employment after using
services under Title I of the Workforce
Investment Act of 1998. (p. 116)
iki/CRS-RL33660n of individuals whoNo provision. The bill would exclude from Title V projects,See provision above: Prohibition of
g/wve participated in Title Van individual who has participated in Title Vparticipation by eligible individuals
s.or for a specified periodprojects for a period of 48 months (whetherexceeding a specified period.
leakconsecutive or not) after the enactment of the
bill. (p. 117)
://wiki
httpIt would also exclude an individual who has
participated for a period of 24 months in the
aggregate (whether or not consecutive) after the
date of enactment, if the individual participated
in Title V projects for more than 24 months in
the aggregate (whether or not consecutive) as in
effect before enactment of the bill. (p. 117)
omeNo provision.Defines income as income received during theSee eligible individuals above.
12-month period (or, at the option of the
grantee, the six-month period that is not
multiplied) ending on the date an eligible
individual submits an application to participate
in the project carried out by a grantee. (p. 118)
Defines program as the older AmericanDefines program as the older AmericanNo change in current law.


community service employment programcommunity service employment-based training
under Title V.program under Title V. (p. 118)

CRS-105
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
rtive servicesNo provision.Defines supportive services as transportation,No change in current law.
child care, dependent care, housing, and needs-
related payments that are necessary to enable an
individual to participate in activities authorized
under Title V. (p. 118) (See also supportive
services under Programmatic costs, above.)
ployed individualNo provision.Defines unemployed individual as a personSee purpose statement above. The bill would
without a job and who wants, and is availableconsider an underemployed person to be an
for, work, including an individual who mayunemployed person.
have occasional employment that does not
result in a constant source of income. (p. 119)
iki/CRS-RL33660
g/wRANTS FOR NATIVE AMERICANS
s.orribution of funds amongNo provision.No provision.Defines covered year as FY2006 or a
leakbal organizationssubsequent fiscal year.
://wikiThe bill would clarify that if a tribal
httporganization received a grant under this part
for FY1991 as part of a consortium, the
Assistant Secretary would be required to
consider the tribal organization to have
received a grant under this part for FY1991
for purposes of the distribution of funds. The
Assistant Secretary would also be required to
apply the provisions of the subsection to the
tribal organization for each covered year for
which the tribal organization submits an
application for funds, even if the tribal
organization submits a separate application
from the remaining members of the
consortium or an application as one of the
remaining members of the consortium.
(p. 109)



CRS-106
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
ericans caregiverSection 643 authorizes the appropriation ofThe bill would authorize such sums as may beThis bill would authorize for supportive
rt programsuch sums as may be necessary fornecessary for supportive services and nutritionservices and nutrition services to Native
supportive services and nutrition servicesservices to Native Americans and the NativeAmericans such sums as may be necessary
to Native Americans for FY2001, and suchAmerican Caregiver Support Program forfor FY2007 and subsequent fiscal years; and
sums as may be necessary for subsequentFY2007-FY2011. (p. 119)for the Native American Caregiver Support
fiscal years. For grants to tribalProgram, $6.5 million for FY2007, $7.0
organizations for the Native Americanmillion for FY2008, $7.5 million for
Caregiver Support Program, authorizesFY2009, $8.0 million for FY2010, and $8.5
$5.0 million for FY2001, and such sums asmillion for FY2011. (p. 110)
may be necessary for subsequent fiscal
years.
iki/CRS-RL33660II, ALLOTMENTS FOR VULNERABLE ELDER RIGHTS PROTECTION ACTIVITIES
g/w
s.orSection 702 authorizes the appropriation ofThe bill would authorize such sums as may beSame as H.R. 5293. (p. 111)
leakrotection activities:such sums as may be necessary for thenecessary for FY2007. (p. 119)
mbudsman programombudsman program for FY2001, and
://wikisuch sums as may be necessary for
httpsubsequent fiscal years.
ericanSection 751 authorizes the appropriation ofThe bill would change the reference to FY2007.Same as H.R. 5293. (p. 112)
ization provisionssuch sums as may be necessary forand such sums as may be necessary for
assisting entities and providing grants onsubsequent fiscal years. (p. 119)
vulnerable elder rights protection activities
for FY2001, and such sums as may be
necessary for subsequent fiscal years.
lder abuse, neglect, andSection 721 authorizes the state agency theThe bill would add the following reference:Same as H.R. 5293. (p. 111)


ploitation preventionuse of allotments to carry out programs forproviding for public education and outreach to
the prevention of elder abuse, neglect, andpromote financial literacy and prevent identity
exploitation (including financialtheft and financial exploitation of older
exploitation), including:individuals. (p. 120)
providing for public education and
outreach to identify and prevent elder
abuse, neglect, and exploitation;
ensuring the coordination of services
provided by area agencies on aging;

CRS-107
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
promoting the development of
information and data systems;
conducting analyses of state information
and identifying unmet services,
enforcement, or intervention needs;
conducting training for individuals in
relevant fields on the identification,
prevention, and treatment of elder abuse,
neglect, and exploitation;
providing technical assistance to
programs that provide or have the
potential to provide services for victims
iki/CRS-RL33660and their family members;
g/w conducting special and on-going training
s.oron the topics of self-determination,
leakindividual rights, state and federal
requirements concerning confidentiality,
://wikiand other topics; and
http promoting the development of an elder
abuse, neglect, and exploitation system.
ER JUSTICENo provision.No provision.The bill would add a provision for Elder
RAMS: PURPOSESJustice Programs. The purpose of this
provision would be —
to assist states and Indian tribes in
developing a comprehensive multi-
disciplinary approach to elder justice;
to promote research and data collection that
will fill gaps in knowledge about elder
abuse, neglect, and exploitation to support
innovative and effective activities of
service providers and programs that are
designed to address issues relating to elder
abuse, neglect, and exploitation.
to assist states, Indian tribes, and local
service providers in the development of



CRS-108
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
short- and long-term strategic plans for the
development and coordination of elder
justice research, programs, studies, training,
and other efforts; and
to promote collaborative efforts and
diminish overlap and gaps in efforts in
developing the important field of elder
justice. (p. 112)
FINITIONS
Defines caregiver as an individual who has
iki/CRS-RL33660the responsibility for the care of an elder,
g/weither voluntarily, by contract, by receipt of
s.orpayment for care, or as a result of the
leakoperation of law and means a family member
or other individual who provides (on behalf
://wikiof such individual or of a public or private
httpagency, organization, or institution)compensated or uncompensated care to an
elder. (p. 113)
Defines direct care as care by an employee
or contractor who provides assistance or
long-term care services to a recipient.
(p. 113)
rDefines elder as an individual who is 60
years of age or older. (p. 114)
lder justiceDefines elder justice as
efforts to prevent, detect, treat, intervene in,
and respond to elder abuse, neglect, and
exploitation and to protect elders with
diminished capacity while maximizing their
autonomy; and
from an individual perspective, the



CRS-109
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
recognition of an elders rights, including
the right to be free of abuse, neglect, and
exploitation. (p. 114)
ible entityDefines eligible entity as a state or local
government agency, Indian tribe, or any
other public or private entity, that is engaged
in and has expertise in issues relating to elder
justice. (p.114)
iduciaryDefines fiduciary as a person or entity with
the legal responsibility:
iki/CRS-RL33660 to make decisions on behalf of and for the
g/wbenefit of another person;
s.or to act in good faith and with fairness; and
leak includes a trustee, a guardian, a
conservator, an executor, an agency under
://wikifinancial power of attorney or health care
httppower of attorney, or a representativepayee. (p. 115)
antDefines grant to include a contract,
cooperative agreement, or other mechanism
for providing financial assistance. (p. 115)
aw enforcementDefines law enforcement as the full range of
potential responders to elder abuse, neglect,
and exploitation including
police, sheriffs, detectives, public safety
officers, and corrections personnel;
prosecutors;
medical examiners;
investigators; and
coroners. (p. 115)



CRS-110
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
ong-term careDefines long-term care as supportive and
health services specified by the Secretary for
individuals who need assistance because the
individuals have a loss of capacity for self-
care due to illness, disability, or vulnerability.
(p. 115)
oss of capacityDefines loss of capacity for self-care as an
inability to engage effectively in activities of
daily living, including eating, dressing,
bathing, and management of ones financial
affairs. (p.116)
iki/CRS-RL33660
g/wng-term care facilityDefines long-term care facility as a
s.orresidential care provider that arranges for, or
leakdirectly provides, long-term care. (p.116)
://wiki facilityDefines nursing facility to have the samemeaning given under such term under section
http1919(a) of the Social Security Act (42 U.S.C.
1396r(a)). (p. 116)
tate legal assistanceDefines state legal assistance developer as an
eloperindividual whose services are provided by the
state to ensure the state has sufficient
leadership in securing and maintaining the
legal rights of older individuals and the
capacity for: coordination; technical
assistance, training and other supportive
functions; promoting fiscal management
services; assisting older individuals in
understanding their rights; and improving the
quality and quantity of legal services
provided to older individuals. (p.116)



CRS-111
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
careDefines state long-term care ombudsman as
mbudsmanindividual with expertise and experience in
the fields of long-term care and advocacy to
head the Office of the State Long-Term Care
Ombudsman. (p. 116)
ATE AND TRIBAL GRANTS TO STRENGTHEN LONG-TERM CARE AND PROVIDE ASSISTANCE FOR ELDER JUSTICE PROGRAMS
tate and tribal grants:No provision.No provision.The bill would authorize the Assistant
thorizationSecretary to award grants to states and Indian
tribes to enable the states and tribes to
strengthen long-term care and provide
iki/CRS-RL33660assistance for elder justice programs. (p. 117)
g/w
s.ortate and tribal grants:pplication for eligibilityThe bill would require a state or Indian tribe,in order to be eligible to receive a grant, to
leaksubmit an application as required. (p. 117)
://wikitate and tribal grants: use ofThe bill would authorize a state or Indian
httptribe receiving a grant (under this subtitle) to
use the funds made available through the
grant to award grants to eligible entities for
the following activities: (p. 117)
Prevention, detection, assessment, and
treatment of, intervention in, investigation of,
and response to elder abuse, neglect, and
exploitation; (p.117)
Examine various types of elder shelters
(referred to assafe havens”), and test
various safe haven models for establishing
them (at home or elsewhere), that —
recognize autonomy and self-
determination, and fully protect the due
process rights of elders; and
provide a comprehensive, culturally



CRS-112
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
sensitive, and multidisciplinary team
response to allegations of elder abuse,
neglect, or exploitation; provide a
dedicated, elder-friendly setting; have the
capacity to meet the needs of elders for
care; and provide various services
including nursing and forensic evaluation,
therapeutic intervention, victim support and
advocacy, and case review and assistance to
make the elders safer at home or to find
appropriate placement in safer
environments, including shelters, and in
iki/CRS-RL33660some circumstances long-term care
g/wfacilities, other residential care facilities,
s.orand hospitals; (p. 117)
leak
Establish or continue volunteer programs that
://wikifocus on the issues of elder abuse, neglect,
httpand exploitation, or to provide related
services; (p. 118)
Support multidisciplinary elder justice
activities, such as —
supporting and studying team approaches
for bringing a coordinated multidisciplinary
or interdisciplinary response to elder abuse,
neglect, and exploitation, including a
response from individuals in social service,
health care, public safety, and legal
d iscip lines;
establishing a state or tribal coordinating
council, which shall identify the individual
state’s or Indian tribe’s needs and provide
the Secretary with information and
recommendations relating to efforts by the
state or Indian tribe to combat elder abuse,



CRS-113
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
neglect, and exploitation;
providing training, technical assistance, and
other methods of support to groups
carrying out multidisciplinary efforts at the
state or Indian tribe level (referred to in
some states asState Working Groups”);
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
iki/CRS-RL33660that will allow for replication based on the
g/wneeds of other states, Indian tribes, and
s.orcommunities; or
leak carrying out such other interdisciplinary or
multidisciplinary efforts as the Assistant
://wikiSecretary determines to be appropriate;
http(p. 119)
Provide training for individuals with respect
to issues of elder abuse, neglect, and
exploitation, consisting of
training within a discipline; or
cross-training activities that permit
individuals in multiple disciplines to train
together, fostering communication,
coordinating efforts, and ensuring
collaboration; (p. 120)
Address underserved populations of elders,
such as
elders living in rural locations;
elders in minority populations; or
low-income elders; (p. 120)



CRS-114
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
Provide incentives for individuals to train for,
seek, and maintain employment providing
direct care in a long-term care facility, such
as
to eligible entities to provide incentives to
participants in programs carried out under
part A of Title IV, and section 403(a)(5) of
the Social Security Act (42 U.S.C. 601 et
seq., 603(a)(5)) to train for and seek
employment providing direct care in a
long-term care facility;
to long-term care facilities to carry out
iki/CRS-RL33660programs through which the facilities offer
g/wto employees who provide direct care to
s.orresidents of a long-term care facility,
leakcontinuing training and varying levels of
professional certification, based on
://wikiobserved clinical care practices and the
httpamong of time the employees spend
providing direct care; and provide, or make
arrangements with employers to provide,
bonuses or other increased compensation or
benefits to employees who achieve
professional certification under such a
program; or
to long-term care facilities to enable the
facilities to provide training and technical
assistance to eligible employees regarding
management practices using methods that
are demonstrated to promote retention of
employees of the facilities, such as — the
establishment of basic human resource
policies that reward high performance,
including policies that provide improved
wages and benefits on the basis of job
reviews; or the establishment of other



CRS-115
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
programs that promote the provision of
high quality care, such as a continuing
education program that provides additional
hours of training, including on-the-job
training, for employees who are certified
nurse aides; (p. 120)
Encourage the establishment of eligible
partnerships to develop collaborative and
innovative approaches to improve the quality
of, including preventing abuse, neglect, and
exploitation in, long-term care; or (p. 122)
iki/CRS-RL33660
g/wEstablish multidisciplinary panels to address
s.orand develop best practices concerning
leakmethods of
improving the quality of long-term care;
://wiki and
http addressing abuse, including resident-to-resident abuse, in long-term care. (p. 122)
tate and tribal grants:The bill would require that a state or Indian
dministrative expensestribe receiving a grant under this section not
use more than 5% of the funds to pay for
administrative expenses. (p. 123)
tate and tribal grants:The bill would require that funds made
ent not supplantavailable be used to supplement and not
supplant other federal, state, and local
(including tribal) funds expended to provide
grant activities. (p. 123)
tate and tribal grants:The bill would require the state or Indian
aintenance of efforttribe, in using the proceeds of a grant
received under this section, to maintain the
expenditures of the state or tribe grant
activities at a level equal to at least the level



CRS-116
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
of such expenditures maintained by the state
or tribe for the fiscal year preceding the fiscal
year for which the grant is received. (p. 123)
tate and tribal grants:The bill would require the Assistant Secretary
ccountability measuresto develop accountability measures to ensure
the effectiveness of the activities conducted
using funds made available under this
section, including accountability measures to
ensure that the grant activities benefit eligible
employees and increase the stability of the
long-term care workforce. (p. 123)
iki/CRS-RL33660
g/wtate and tribal grants:The bill would require the Assistant Secretary
s.oruating programsto evaluate the activities conducted using
leakfunds made available under this section and
use the results of such evaluation to
://wikidetermine the activities for which funds made
httpavailable under this section may be used.(p. 124)
tate and tribal grants:The bill would require any entity receiving
mpliance with applicablefunds to comply with all applicable laws,
wsregulations, and guidelines. (p. 124)
tate and tribal grants:The bill would define eligible partnerships as
ible partnershipsa multidisciplinary community partnership
consisting of eligible entities or appropriate
individuals, such as a partnership consisting
of representatives in a community of nursing
facility providers, state legal assistance
developers, advocates for residents of long-
term care facilities, state Long-term Care
Ombudsmen, surveyors, the state agency
with responsibility for adult protective
services, the state agency with responsibility
for licensing long-term care facilities, law



CRS-117
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
enforcement agencies, courts, family
councils, residents, certified nurse aides,
registered nurses, physicians, and other
eligible entities and appropriate individuals.
(p. 124)
tate and tribal grants:The bill would authorize the appropriation of
thorization ofsuch sums as may be necessary for each of
propriationsFY2005 to FY2008 to carry out state and
tribal grants to strengthen long-term care and
provide assistance for elder justice programs.
(p. 124)
iki/CRS-RL33660
g/wLLECTION OF UNIFORM NATIONAL DATA ON ELDER ABUSE, NEGLECT, AND EXPLOITATION
s.orllection of uniformNo provision.No provision.The bill would add a provision for the
leakational data: authorizationcollection of uniform national data on elder
://wikiabuse, neglect, and exploitation. (p. 125)
httpllection of uniformThe purpose of this provision of the bill
tional data: purposewould be to improve, streamline, and
promote uniform collection, maintenance,
and dissemination of national data relating to
the various types of elder abuse, neglect, and
exploitation. (p. 125)
llection of uniformThe bill would require, not later than one
tional data: phase I — year after the date of enactment of the Older
evelopment of methods ofAmericans Act Amendments, the Assistant
Secretary, acting through the head of the
Office of Elder Abuse Prevention and
Services, after consultation with the Attorney
General and working with experts in relevant
disciplines from the Bureau of Justice
Statistics of the Office of Justice Programs of
the Department of Justice, to
develop a method for collecting national



CRS-118
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
data regarding elder abuse, neglect, and
exploitation; and
develop uniform national data reporting
forms adapted to each relevant entity or
discipline (such as health, public safety,
social and protective services, and law
enforcement) reflecting the distinct manner
in which each entity or discipline receives
and maintains information; and the
sequence and history of reports to or
involvement of different entities or
disciplines, independently, or the sequence
iki/CRS-RL33660and history of reports from one entity or
g/wdiscipline to another over time. (p. 125)
s.or
leakllection of uniformThe bill would require —
tional data: phase I — the national data reporting forms to
://wikirms and protection ofincorporate the definitions of Elder Justice
httprivacyPrograms, for use in determining whether
an event is reportable; and
the Secretary to ensure the protection of
individual health privacy consistent with
the regulations promulgated under section
264(c) of the Health Insurance Portability
and Accountability Act of 1996, and state
and local privacy regulations (as
applicable). (p. 125)



CRS-119
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
llection of uniformThe bill would require that not later than one
tional data: phase II — year after the date on which the activities
ilot testdescribed in subsection (b)(1) are completed,
the Secretary (or the Secretarys designee)
shall ensure that the national data reporting
forms and data collection methods developed
in accordance with such subsection are pilot
tested in six states selected by the Secretary.
(p. 127)
llection of uniformThe bill would also require the Secretary,
tional data: phase II — after considering the results of the pilot
iki/CRS-RL33660djustments to form andtesting and consulting with the Attorney
g/wthodsGeneral and relevant experts, to adjust the
s.ornational data reporting forms and data
leakcollection methods as necessary. (p. 127)
://wikillection of uniformThe bill would require the Secretary, after
httptional data: phase III — ribution of national datacompletion of the adjustment to the nationaldata reporting forms under subsection (c)(2),
sto submit the national data reporting forms
along with instructions to
the heads of the relevant components of
HHS, the Department of Justice, and the
Department of the Treasury, and such other
federal entities as may be appropriate; and
the Governor’s office of each state for
collection from all relevant state entities of
data, including health care, social services,
and law enforcement data. (p. 127)
llection of uniformThe bill would authorize the Secretary to
tional data: phase III — award grants to states to improve data
,collection activities relating to elder abuse,
thorizationneglect, and exploitation. (p. 128)



CRS-120
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
llection of uniformTo be eligible to receive a grant, a state
tional data: phase III — would be required to submit an application as
,required to the Secretary. (p. 128)
pplica t io n
llection of uniformFor the collection of uniform national data
tional data: phase III — for a fiscal year, each state receiving a grant
,would be required to report data for the
entscalendar year that begins during that fiscal
year, using the national data reporting forms.
(p. 128)
iki/CRS-RL33660llection of uniformThe bill would require the Secretary to
g/wtional data: phase III — initially distribute 50% of such funds for the
s.or,first fiscal year for which a state receives
leakgrant funds. The Secretary would be required
to distribute the remaining funds at the end of
://wikithe calendar year that begins during that
httpfiscal year, if the Secretary determines thatthe state has properly reported data required
under this subsection for the calendar year.
The bill would require the Secretary to
distribute grant funds to a state under this
subsection for a fiscal year if the Secretary
determines that the state properly reported
data required under this subsection for the
calendar year that ends during that fiscal
year. (p. 128)



CRS-121
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
llection of uniformThe bill would require each report submitted
tional data: phase III — under this subsection to
ation indicate the state and year in which each
event occurred; and
identify the total number of events that
occurred in each state during the year and
the type of each event. (p. 129)
llection of uniformThe bill would require the Secretary, not later
ational data: reportthan one year after the date of enactment of
the Older Americans Act Amendments and
annually thereafter, to prepare and submit to
iki/CRS-RL33660the appropriate committees of Congress,
g/wincluding to the Senate Committee on Health,
s.orEducation, Labor, and Pensions and the
leakSenate Special Committee on Aging, a report
regarding activities conducted under this
://wikisection. (p. 130)
httpllection of uniformThe bill would authorize the appropriation of
ational data: authorizationsuch sums as may be necessary to carry out
propriationsthe collection of uniform data on elder abuse,
neglect, and exploitation for each of FY2007-
FY2011. (p. 130)
f constructionNo provision.No provision.The bill would add that nothing in this Title
shall be construed to interfere with or abridge
the right of an older individual to practice the
individual’s religion through reliance on
prayer alone for healing, in a case in which a
decision to so practice the religion
is contemporaneously expressed by the
older individual either orally or in
writing with respect to a specific illness or
injury that the older individual has at the
time of the decision, and when the older



CRS-122
PROVISIONCURRENT LAWH.R. 5293, the Senior IndependenceS. 3570, Older Americans Act
Act of 2006, as passed by the House,Amendments of 2006, as ordered
June 21, 2006 (RFS)reported by the Senate HELP Committee,
June 28, 2006 (IS)
individual is competent to make the
decision;
is set forth prior to the occurrence of the
illness or injury in a living will, health care
proxy, or other advance directive document
that is validly executed and applied under
state law; or
may be unambiguously deduced from the
older individuals life history. (p. 130)


iki/CRS-RL33660
g/w
s.or
leak
://wiki
http