[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 192 Enrolled Bill (ENR)]
S.192
One Hundred Fourteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the fourth day of January, two thousand and sixteen
An Act
To reauthorize the Older Americans Act of 1965, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Older Americans Act Reauthorization
Act of 2016''.
SEC. 2. DEFINITIONS.
Section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002) is
amended--
(1) by striking paragraph (1) and inserting the following:
``(1) The term `abuse' means the knowing infliction of physical
or psychological harm or the knowing deprivation of goods or
services that are necessary to meet essential needs or to avoid
physical or psychological harm.'';
(2) by striking paragraph (3) and inserting the following:
``(3) The term `adult protective services' means such services
provided to adults as the Secretary may specify and includes
services such as--
``(A) receiving reports of adult abuse, neglect, or
exploitation;
``(B) investigating the reports described in subparagraph
(A);
``(C) case planning, monitoring, evaluation, and other
casework and services; and
``(D) providing, arranging for, or facilitating the
provision of medical, social service, economic, legal, housing,
law enforcement, or other protective, emergency, or support
services.'';
(3) by striking paragraph (4) and inserting the following:
``(4) The term `Aging and Disability Resource Center' means an
entity, network, or consortium established by a State as part of
the State system of long-term care, to provide a coordinated and
integrated system for older individuals and individuals with
disabilities (as defined in section 3 of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12102)), and the caregivers of
older individuals and individuals with disabilities, that
provides--
``(A) comprehensive information on the full range of
available public and private long-term care programs, options,
service providers, and resources within a community, including
information on the availability of integrated long-term care
services, and Federal or State programs that provide long-term
care services and supports through home and community-based
service programs;
``(B) person-centered counseling to assist individuals in
assessing their existing or anticipated long-term care needs
and goals, and developing and implementing a person-centered
plan for long-term care that is consistent with the desires of
such an individual and designed to meet the individual's
specific needs, goals, and circumstances;
``(C) access for individuals to the full range of publicly-
supported long-term care services and supports for which the
individuals may be eligible, including home and community-based
service options, by serving as a convenient point of entry for
such programs and supports; and
``(D) in cooperation with area agencies on aging, centers
for independent living described in part C of title VII of the
Rehabilitation Act of 1973 (29 U.S.C. 796f et seq.), and other
community-based entities, information and referrals regarding
available home and community-based services for individuals who
are at risk for residing in, or who reside in, institutional
settings, so that the individuals have the choice to remain in
or to return to the community.'';
(4) in paragraph (14)(B), by inserting ``oral health,'' after
``bone density,'';
(5) by striking paragraph (17) and inserting the following:
``(17) The term `elder justice' means--
``(A) from a societal perspective, efforts to--
``(i) prevent, detect, treat, intervene in, and
prosecute elder abuse, neglect, and exploitation; and
``(ii) protect older individuals with diminished
capacity while maximizing their autonomy; and
``(B) from an individual perspective, the recognition of an
older individual's rights, including the right to be free of
abuse, neglect, and exploitation.''; and
(6) in paragraph (18)(A), by striking ``term `exploitation'
means'' and inserting ``terms `exploitation' and `financial
exploitation' mean''.
SEC. 3. ADMINISTRATION ON AGING.
(a) Best Practices.--Section 201 of the Older Americans Act of 1965
(42 U.S.C. 3011) is amended--
(1) in subsection (d)(3)--
(A) in subparagraph (H), by striking ``202(a)(21)'' and
inserting ``202(a)(18)'';
(B) in subparagraph (K), by striking ``and'' at the end;
(C) in subparagraph (L)--
(i) by striking ``Older Americans Act Amendments of
1992'' and inserting ``Older Americans Act Reauthorization
Act of 2016''; and
(ii) by striking ``712(h)(4).'' and inserting
``712(h)(5); and''; and
(D) by adding at the end the following:
``(M) collect and analyze best practices related to responding
to elder abuse, neglect, and exploitation in long-term care
facilities, and publish a report of such best practices.''; and
(2) in subsection (e)(2), in the matter preceding subparagraph
(A), by inserting ``, and in coordination with the heads of State
adult protective services programs and the Director of the Office
of Long-Term Care Ombudsman Programs'' after ``and services''.
(b) Training.--Section 202 of the Older Americans Act of 1965 (42
U.S.C. 3012) is amended--
(1) in subsection (a)--
(A) in paragraph (5), by inserting ``health and economic''
before ``needs of older individuals'';
(B) in paragraph (7), by inserting ``health and economic''
before ``welfare'';
(C) in paragraph (14), by inserting ``(including the Health
Resources and Services Administration)'' after ``other
agencies'';
(D) in paragraph (27), by striking ``and'' at the end;
(E) in paragraph (28), by striking the period and inserting
a semicolon; and
(F) by adding at the end the following:
``(29) provide information and technical assistance to States,
area agencies on aging, and service providers, in collaboration
with relevant Federal agencies, on providing efficient, person-
centered transportation services, including across geographic
boundaries;
``(30) identify model programs and provide information and
technical assistance to States, area agencies on aging, and service
providers (including providers operating multipurpose senior
centers), to support the modernization of multipurpose senior
centers; and
``(31) provide technical assistance to and share best practices
with States, area agencies on aging, and Aging and Disability
Resource Centers, on how to collaborate and coordinate services
with health care entities, such as Federally-qualified health
centers, as defined in section 1905(l)(2)(B) of the Social Security
Act (42 U.S.C. 1396d(l)(2)(B)), in order to improve care
coordination for individuals with multiple chronic illnesses.'';
(2) in subsection (b)--
(A) in paragraph (5)--
(i) in subparagraph (B), by striking ``and'' after the
semicolon;
(ii) in subparagraph (C), by inserting ``and'' after
the semicolon; and
(iii) by adding at the end the following:
``(D) when feasible, developing, in consultation with
States and national organizations, a consumer-friendly tool to
assist older individuals and their families in choosing home
and community-based services, with a particular focus on ways
for consumers to assess how providers protect the health,
safety, welfare, and rights, including the rights provided
under section 314, of older individuals;'';
(B) in paragraph (8)--
(i) in subparagraph (B), by inserting ``to identify and
articulate goals of care and'' after ``individuals'';
(ii) in subparagraph (D)--
(I) by inserting ``respond to or'' before ``plan'';
and
(II) by striking ``future long-term care needs;
and'' and inserting ``long-term care needs;'';
(iii) in subparagraph (E), by adding ``and'' at the
end; and
(iv) by adding at the end the following:
``(F) to provide information and referrals regarding
available home and community-based services for individuals who
are at risk for residing in, or who reside in, institutional
settings, so that the individuals have the choice to remain in
or to return to the community;''; and
(3) by adding at the end the following:
``(g) The Assistant Secretary shall, as appropriate, ensure that
programs authorized under this Act include appropriate training in the
prevention of abuse, neglect, and exploitation and provision of
services that address elder justice and the exploitation of older
individuals.''.
(c) Authorization of Appropriations.--Section 205 of the Older
Americans Act of 1965 (42 U.S.C.3016) is amended by striking subsection
(c).
(d) Reports.--Section 207(a) of the Older Americans Act of 1965 (42
U.S.C. 3018(a)) is amended--
(1) in paragraph (2), by striking ``202(a)(19)'' and inserting
``202(a)(16)''; and
(2) in paragraph (4), by striking ``202(a)(17)'' and inserting
``202(a)(14)''.
(e) Authorization of Appropriations.--Section 216 of the Older
Americans Act of 1965 (42 U.S.C. 3020f) is amended--
(1) in subsection (a), by striking ``such sums'' and all that
follows through the period at the end, and inserting ``$40,063,000
for each of the fiscal years 2017, 2018, and 2019.'';
(2) by amending subsection (b) to read as follows:
``(b) There are authorized to be appropriated--
``(1) to carry out section 202(a)(21) (relating to the National
Eldercare Locator Service), $2,088,758 for fiscal year 2017,
$2,132,440 for fiscal year 2018, and $2,176,121 for fiscal year
2019;
``(2) to carry out section 215, $1,904,275 for fiscal year
2017, $1,944,099 for fiscal year 2018, and $1,983,922 for fiscal
year 2019;
``(3) to carry out section 202 (relating to Elder Rights
Support Activities under this title), $1,312,904 for fiscal year
2017, $1,340,361 for fiscal year 2018, and $1,367,817 for fiscal
year 2019; and
``(4) to carry out section 202(b) (relating to the Aging and
Disability Resource Centers), $6,271,399 for fiscal year 2017,
$6,402,551 for fiscal year 2018, and $6,533,703 for fiscal year
2019.''; and
(3) by striking subsection (c).
SEC. 4. STATE AND COMMUNITY PROGRAMS ON AGING.
(a) Authorization of Appropriations.--Section 303 of the Older
Americans Act of 1965 (42 U.S.C. 3023) is amended--
(1) in subsection (a)(1), by striking ``such sums'' and all
that follows through the period at the end, and inserting
``$356,717,276 for fiscal year 2017, $364,456,847 for fiscal year
2018, and $372,196,069 for fiscal year 2019.'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``such sums'' and all
that follows through the period at the end, and inserting
``$459,937,586 for fiscal year 2017, $469,916,692 for fiscal
year 2018, and $479,895,348 for fiscal year 2019.''; and
(B) in paragraph (2), by striking ``such sums'' and all
that follows through the period at the end, and inserting
``$232,195,942 for fiscal year 2017, $237,233,817 for fiscal
year 2018, and $242,271,465 for fiscal year 2019.'';
(3) in subsection (d), by striking ``such sums'' and all that
follows through the period at the end, and inserting ``$20,361,334
for fiscal year 2017, $20,803,107 for fiscal year 2018, and
$21,244,860 for fiscal year 2019.'';
(4) in subsection (e)--
(A) by striking ``(1)'' and all that follows through
``(2)''; and
(B) by striking ``$166,500,000'' and all that follows
through the period at the end, and inserting ``$154,336,482 for
fiscal year 2017, $157,564,066 for fiscal year 2018, and
$160,791,658 for fiscal year 2019.''
(b) Allotment.--Section 304 of the Older Americans Act of 1965 (42
U.S.C. 3024) is amended--
(1) in subsection (a)(3), by striking subparagraph (D) and
inserting the following:
``(D)(i) For each of fiscal years 2017 through 2019, no State shall
be allotted an amount that is less than 99 percent of the amount
allotted to such State for the previous fiscal year.
``(ii) For fiscal year 2020 and each subsequent fiscal year, no
State shall be allotted an amount that is less than 100 percent of the
amount allotted to such State for fiscal year 2019.''; and
(2) in subsection (b), by striking ``subpart 1 of''.
(c) Planning and Service Areas.--Section 305(b)(5)(C)(i)(III) of
the Older Americans Act of 1965 (42 U.S.C. 3025(b)(5)(C)(i)(III)) is
amended by striking ``planning and services areas'' and inserting
``planning and service areas''.
(d) Area Plans.--Section 306 of the Older Americans Act of 1965 (42
U.S.C. 3026) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``establishment,
maintenance, or construction of multipurpose senior centers,''
and inserting ``establishment, maintenance, modernization, or
construction of multipurpose senior centers (including a plan
to use the skills and services of older individuals in paid and
unpaid work, including multigenerational and older individual
to older individual work),''; and
(B) in paragraph (6)--
(i) in subparagraph (G), by adding ``and'' at the end;
and
(ii) by adding at the end the following:
``(H) in coordination with the State agency and with the
State agency responsible for elder abuse prevention services,
increase public awareness of elder abuse, neglect, and
exploitation, and remove barriers to education, prevention,
investigation, and treatment of elder abuse, neglect, and
exploitation, as appropriate;''; and
(2) in subsection (b)(3)--
(A) in subparagraph (J), by striking ``and'' at the end;
(B) by redesignating subparagraph (K) as subparagraph (L);
and
(C) by inserting after subparagraph (J) the following:
``(K) protection from elder abuse, neglect, and
exploitation; and''.
(e) State Plans.--Section 307(a)(2)(A) of the Older Americans Act
of 1965 (42 U.S.C. 3027(a)(2)(A)) is amended by striking ``202(a)(29)''
and inserting ``202(a)(26)''.
(f) Nutrition Services Incentive Program.--Section 311(e) of the
Older Americans Act of 1965 (42 U.S.C. 3030a(e)) is amended by striking
``such sums'' and all that follows through the period at the end, and
inserting ``$164,055,664 for fiscal year 2017, $167,486,502 for fiscal
year 2018, and $170,917,349 for fiscal year 2019.''.
(g) Supportive Services.--Section 321 of the Older Americans Act of
1965 (42 U.S.C. 3030d) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``or referral services''
and inserting ``referral, chronic condition self-care
management, or falls prevention services'';
(B) in paragraph (8), by striking ``(including'' and all
that follows and inserting the following: ``(including mental
and behavioral health screening and falls prevention services
screening) to detect or prevent (or both) illnesses and
injuries that occur most frequently in older individuals;'' and
(C) in paragraph (15), by inserting before the semicolon
the following: ``, and screening for elder abuse, neglect, and
exploitation'';
(2) in subsection (b)(1), by inserting ``or modernization''
after ``construction'';
(3) in subsection (c), by inserting before the period the
following: ``, and pursue opportunities for the development of
intergenerational shared site models for programs or projects,
consistent with the purposes of this Act''; and
(4) by adding at the end the following:
``(e) In this section, the term `adult child with a disability'
means a child who--
``(1) is age 18 or older;
``(2) is financially dependent on an older individual who is a
parent of the child; and
``(3) has a disability.''.
(h) Home Delivered Nutrition Services Program.--Section 336(1) of
the Older Americans Act of 1965 (42 U.S.C. 3030f(1)) is amended by
striking ``canned'' and all that follows through ``meals'' and
inserting ``canned, or fresh foods and, as appropriate, supplemental
foods, and any additional meals''.
(i) Nutrition Services.--Section 339 of the Older Americans Act of
1965 (42 U.S.C. 3030g-21) is amended
(1) in paragraph (1), by striking ``solicit'' and inserting
``utilize''; and
(2) in paragraph (2)--
(A) in subparagraph (J), by striking ``and'' at the end;
(B) in subparagraph (K), by striking the period and
inserting ``, and''; and
(C) by adding at the end the following:
``(L) where feasible, encourages the use of locally grown
foods in meal programs and identifies potential partnerships
and contracts with local producers and providers of locally
grown foods.''.
(j) Evidence-Based Disease Prevention and Health Promotion Services
Program.--Part D of title III of the Older Americans Act of 1965 (42
U.S.C. 3030m et seq.) is amended--
(1) in the part heading, by inserting ``Evidence-Based'' before
``Disease''; and
(2) in section 361(a), by inserting ``evidence-based'' after
``to provide''.
(k) Older Relative Caregivers.--
(1) Technical amendment.--Part E of title III of the Older
Americans Act of 1965 (42 U.S.C. 3030s et seq.) is amended by
striking the subpart heading for subpart 1.
(2) Definitions.--Section 372 of such Act (42 U.S.C. 3030s) is
amended--
(A) in subsection (a)--
(i) in paragraph (1), by striking ``or who is an
individual with a disability''; and
(ii) by striking paragraph (2) and inserting the
following:
``(2) Individual with a disability.--The term `individual with
a disability' means an individual with a disability, as defined in
section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C.
12102), who is not less than age 18 and not more than age 59.
``(3) Older relative caregiver.--The term `older relative
caregiver' means a caregiver who--
``(A)(i) is age 55 or older; and
``(ii) lives with, is the informal provider of in-home and
community care to, and is the primary caregiver for, a child or
an individual with a disability;
``(B) in the case of a caregiver for a child--
``(i) is the grandparent, stepgrandparent, or other
relative (other than the parent) by blood, marriage, or
adoption, of the child;
``(ii) is the primary caregiver of the child because
the biological or adoptive parents are unable or unwilling
to serve as the primary caregivers of the child; and
``(iii) has a legal relationship to the child, such as
legal custody, adoption, or guardianship, or is raising the
child informally; and
``(C) in the case of a caregiver for an individual with a
disability, is the parent, grandparent, or other relative by
blood, marriage, or adoption, of the individual with a
disability.''; and
(B) in subsection (b)--
(i) by striking ``subpart'' and all that follows
through ``family caregivers'' and inserting ``part, for
family caregivers'';
(ii) by striking ``; and'' and inserting a period; and
(iii) by striking paragraph (2).
(l) National Family Caregiver Support Program.--Section 373 of the
Older Americans Act of 1965 (42 U.S.C. 3030s-1) is amended--
(1) in subsection (a)(2), by striking ``grandparents or older
individuals who are relative caregivers.'' and inserting ``older
relative caregivers.'';
(2) in subsection (c)--
(A) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``grandparents and older individuals who are
relative caregivers, and who'' and inserting ``older relative
caregivers, who''; and
(B) in paragraph (2)(B), by striking ``to older individuals
providing care to individuals with severe disabilities,
including children with severe disabilities'' and inserting
``to older relative caregivers of children with severe
disabilities, or individuals with disabilities who have severe
disabilities'';
(3) in subsection (e)(3), by striking ``grandparents or older
individuals who are relative caregivers'' and inserting ``older
relative caregivers'';
(4) in subsection (f)(1)(A), by striking ``for fiscal years
2007, 2008, 2009, 2010, and 2011'' and inserting ``for a fiscal
year''; and
(5) in subsection (g)(2)(C), by striking ``grandparents and
older individuals who are relative caregivers of a child who is not
more than 18 years of age'' and inserting ``older relative
caregivers''.
(m) Conforming Amendment.--Part E of title III is amended by
striking ``this subpart'' each place it appears and inserting ``this
part''.
SEC. 5. ACTIVITIES FOR HEALTH, INDEPENDENCE, AND LONGEVITY.
(a) Grant Programs.--Section 411 of the Older Americans Act of 1965
(42 U.S.C. 3032) is amended--
(1) in subsection (a)--
(A) in paragraph (12), by striking ``and'' at the end;
(B) by redesignating paragraph (13) as paragraph (14); and
(C) by inserting after paragraph (12) the following:
``(13) continuing support for program integrity initiatives
concerning the Medicare program under title XVIII of the Social
Security Act (42 U.S.C. 1395 et seq.) that train senior volunteers
to prevent and identify health care fraud and abuse; and'';
(2) in subsection (b), by striking ``out'' and all that follows
through the period at the end, and inserting the following:
``out--
``(1) aging network support activities under this section,
$6,216,054 for fiscal year 2017, $6,346,048 for fiscal year 2018,
and $6,476,043 for fiscal year 2019; and
``(2) elder rights support activities under this section,
$10,856,828 for fiscal year 2017, $11,083,873 for fiscal year 2018,
and $11,310,919 for fiscal year 2019.''.
(b) Native American Programs.--Section 418(b) of the Older
Americans Act of 1965 (42 U.S.C. 3032g(b)) is amended by striking ``a
national meeting to train'' and inserting ``national trainings for''.
(c) Legal Assistance for Older Americans.--Section 420(c) of the
Older Americans Act of 1965 (42 U.S.C. 3032i(c)) is amended by striking
``national''.
(d) Repeals.--Sections 415, 419, and 421 of the Older Americans Act
of 1965 (42 U.S.C. 3032d, 3032h, 3032j) are repealed.
(e) Conforming Amendment.--Section 417(a)(1)(A) of the Older
Americans Act of 1965 (42 U.S.C. 3032f(a)(1)(A)) is amended by striking
``grandparents and other older individuals who are relative
caregivers'' and inserting ``older relative caregivers (as defined in
section 372)''.
SEC. 6. AMENDMENTS TO COMMUNITY SERVICE SENIOR OPPORTUNITIES ACT.
(a) Older American Community Service Employment Program.--Section
502 of the Community Service Senior Opportunities Act (42 U.S.C. 3056)
is amended--
(1) in subsection (b)(1)--
(A) in subparagraph (C)(ii), by striking ``513(a)(2)(D)''
and inserting ``513(a)(2)(E)''; and
(B) in subparagraph (N)(i) by striking ``Workforce
Investment Act of 1998 (29 U.S.C. 2801 et seq.)'' and inserting
``Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et
seq.)'';
(2) in subsection (d)--
(A) by inserting ``and the local workforce development
board'' after ``service area''; and
(B) by striking ``and'' after ``State agency'' and
inserting ``, the local workforce development board, and''; and
(3) in subsection (e)(3), by inserting ``, with the State
workforce development board and local workforce development
board,'' after ``aging''.
(b) Administration.--Section 503 of the Community Service Senior
Opportunities Act (42 U.S.C. 3056a) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (6), (7), and (8) as
paragraphs (7), (8), and (9), respectively;
(B) in paragraph (3), by striking ``paragraph (7)'' and
inserting ``paragraph (8)'';
(C) in paragraph (4), by striking subparagraph (F) and
inserting the following:
``(F) how the activities of grantees in the State under
this title will be coordinated with activities carried out in
the State under title I of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3111 et seq.) and other related
programs (referred to in this subparagraph as `WIOA and related
activities'), and how the State will reduce unnecessary
duplication between the activities carried out under this title
and the WIOA and related activities.''; and
(D) by inserting after paragraph (5) the following:
``(6) Combined state plan.--In lieu of the plan described in
paragraph (1), a State may develop and submit a combined State plan
in accordance with section 103 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3113). For a State that obtains approval
of such a combined State plan, that section 103 shall apply in lieu
of this subsection and a reference in any other provision of this
title (other than this subsection) to a State plan shall be
considered to be a reference to that combined State plan.''; and
(2) in subsection (b)(2)(B)(i), by striking ``Workforce
Investment Act of 1998'' and inserting ``Workforce Innovation and
Opportunity Act''.
(c) Coordination.--The heading of section 511 of the Community
Service Senior Opportunities Act (42 U.S.C. 3056i) is amended by
striking ``workforce investment act of 1998'' and inserting ``workforce
innovation and opportunity act''.
(d) Performance.--Section 513 of the Community Service Senior
Opportunities Act (42 U.S.C. 3056k) is amended--
(1) in subsection (a)--
(A) in the subsection heading, by striking ``and
Indicators'';
(B) in paragraph (1)--
(i) in the paragraph heading, by striking ``and
indicators''; and
(ii) by striking ``and additional indicators of
performance'' each place it appears;
(C) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``(A)'' and all that follows
through ``The'' and inserting ``(a) composition of
measures.--The''; and
(II) by striking clause (ii);
(ii) by striking subparagraph (B);
(iii) in subparagraph (C)--
(I) by striking ``(C)'' and inserting ``(B)''; and
(II) in the first sentence, by striking ``(A)(i)''
and inserting ``(A)''; and
(III) by striking the second sentence; and
(iv) by striking subparagraphs (D) and (E) and
inserting the following:
``(C) Agreement on expected levels of performance.--
``(i) First 2 years.--Each grantee shall reach
agreement with the Secretary on levels of performance for
each measure described in subparagraph (A)(i), for each of
the first 2 program years covered by the grant agreement.
In reaching the agreement, the grantee and the Secretary
shall take into account the expected levels proposed by the
grantee and the factors described in subparagraph (D). The
levels agreed to shall be considered to be the expected
levels of performance for the grantee for such program
years.
``(ii) Third and fourth year.--Each grantee shall reach
agreement with the Secretary, prior to the third program
year covered by the grant agreement, on levels of
performance for each measure described in subparagraph (A),
for each of the third and fourth program years so covered.
In reaching the agreement, the grantee and the Secretary
shall take into account the expected levels proposed by the
grantee and the factors described in subparagraph (D). The
levels agreed to shall be considered to be the expected
levels of performance for the grantee for such program
years.
``(D) Factors.--In reaching the agreements described in
subparagraph (B), each grantee and the Secretary shall--
``(i) take into account how the levels involved compare
with the expected levels of performance established for
other grantees;
``(ii) ensure that the levels involved are adjusted,
using an objective statistical model based on the model
established by the Secretary in accordance with section
116(a)(3)(A)(viii)) of the Workforce Investment and
Opportunity Act (29 U.S.C. 3141(a)(3)(A)(viii)); and
``(iii) take into account the extent to which the
levels involved promote continuous improvement in
performance accountability on the core measures and ensure
optimal return on the investment of Federal funds.
``(E) Adjustments based on economic conditions and
individuals served during the program year.--The Secretary
shall, in accordance with the objective statistical model
developed pursuant to subparagraph (D)(ii), adjust the expected
levels of performance for a program year for grantees, to
reflect the actual economic conditions and characteristics of
participants in the corresponding projects during such program
year.''; and
(D) in paragraph (3), by striking ``and to report
information on the additional indicators of performance'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by
striking ``(a)(2)(A)(i)'' and inserting ``(a)(2)(A)''; and
(ii) by striking subparagraphs (B) through (E) and
inserting the following:
``(B) the percentage of project participants who are in
unsubsidized employment during the second quarter after exit
from the project;
``(C) the percentage of project participants who are in
unsubsidized employment during the fourth quarter after exit
from the project;
``(D) the median earnings of project participants who are
in unsubsidized employment during the second quarter after exit
from the project;
``(E) indicators of effectiveness in serving employers,
host agencies, and project participants; and
``(F) the number of eligible individuals served, including
the number of participating individuals described in subsection
(a)(3)(B)(ii) or (b)(2) of section 518.'';
(B) by striking paragraph (2);
(C) by redesignating paragraph (3) as paragraph (2); and
(D) in paragraph (2), as so redesignated, by striking
``paragraphs (1) and (2)'' and inserting ``paragraph (1)'';
(3) in subsection (c)--
(A) by striking ``shall--'' and all that follows through
``annually evaluate'' and inserting ``shall annually
evaluate'';
(B) by striking ``(a)(2)(C)'' and inserting ``(a)(2)(B)'';
(C) by striking ``(a)(2)(D)); and'' and inserting
``(a)(2)(E)).''; and
(D) by striking paragraph (2);
(4) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) by striking ``2007'' and inserting ``2016'';
(II) in clause (i)--
(aa) by striking ``(a)(2)(C)'' and inserting
``(a)(2)(B)'';
(bb) by striking ``(a)(2)(D)'' and inserting
``(a)(2)(E)''; and
(cc) by striking ``described'' and all that
follows and inserting a period;
(III) by striking clause (ii); and
(IV) by striking ``2006'' and all that follows
through ``(i) met'' and inserting ``2016, met''; and
(ii) in subparagraph (B)--
(I) in clause (i), by striking ``(A)(i); or'' at
the end and inserting ``(A),'';
(II) by striking clause (ii);
(III) by striking ``2006--'' and all that follows
through ``(i) failed'' and inserting ``2016, failed'';
and
(IV) by striking ``and achieve the applicable
percentage'';
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``(a)(2)(C)'' and inserting
``(a)(2)(B)''; and
(II) by striking ``(a)(2)(D)'' and inserting
``(a)(2)(E)''; and
(ii) in subparagraph (B)(iii)--
(I) by striking ``(beginning with program year
2007)''; and
(II) by adding at the end the following:
``(iv) Use of core indicators.--For purposes of
assessing grantee performance under this subparagraph
before program year 2017, the Secretary shall use the core
indicators of performance in effect at the time of the
award and the most recent corresponding expected levels of
performance.'';
(C) in paragraph (3)--
(i) in subparagraph (A)--
(I) by striking ``(a)(2)(C)'' and inserting
``(a)(2)(B)''; and
(II) by striking ``(a)(2)(D)'' and inserting
``(a)(2)(E)''; and
(ii) in subparagraph (B)(iii), by striking ``(beginning
with program year 2007)''; and
(D) by amending paragraph (4) to read as follows:
``(4) Special rule for implementation.--The Secretary shall
implement the core measures of performance described in this
section not later than December 31, 2017.''; and
(5) by amending subsection (e) to read as follows:
``(e) Impact on Grant Competition.--Effective on January 1, 2018,
the Secretary may not publish a notice announcing a grant competition
under this title, or solicit proposals for grants, until the day on
which the Secretary implements the core measures of performance.''.
(e) Competitive Requirements.--Section 514(c)(4) of the Community
Service Senior Opportunities Act (42 U.S.C. 3056l(c)(4)) is amended--
(1) by striking ``and addressing additional indicators of
performance''; and
(2) by striking ``and additional indicators of performance''.
(f) Authorization of Appropriations.--Section 517 of the Older
Americans Act of 1965 (42 U.S.C. 3056o) is amended--
(1) in subsection (a), by striking ``such sums'' and all that
follows through the period at the end, and inserting ``$445,189,405
for fiscal year 2017, $454,499,494 for fiscal year 2018, and
$463,809,605 for fiscal year 2019.''; and
(2) in subsection (b)--
(A) in the 1st sentence--
(i) by inserting ``Federal'' after ``available for'';
and
(ii) by striking ``July'' and inserting ``April''; and
(B) by inserting after the 1st sentence the following:
``Such amounts obligated to grantees shall be available for obligation
and expenditure by grantees during the program year that begins on July
1 of the calendar year immediately following the beginning of the
fiscal year in which the amounts are appropriated and that ends on June
30 of the following calendar year.''.
(g) Definitions.--Section 518(a) of the Community Service Senior
Opportunities Act (42 U.S.C. 3056p(a)) is amended--
(1) by redesignating paragraphs (5) through (8) as paragraphs
(6) through (9), respectively; and
(2) by inserting after paragraph (4) the following:
``(5) Local workforce development board; state workforce
development board.--The terms `local workforce development board'
and `State workforce development board' have the meanings given the
terms `local board' and `State board', respectively, in section 3
of the Workforce Innovation and Opportunity Act (29 U.S.C.
3102).''.
SEC. 7. GRANTS FOR NATIVE AMERICANS.
Section 643 of the Older Americans Act of 1965 (42 U.S.C. 3057n) is
amended--
(1) in paragraph (1), by striking ``such sums'' and all that
follows through the semicolon, and inserting ``$31,934,018 for
fiscal year 2017, $32,601,843 for fiscal year 2018, and $33,269,670
for fiscal year 2019;''; and
(2) in paragraph (2), by striking ``such sums'' and all that
follows through the period at the end, and inserting ``$7,718,566
for fiscal year 2017, $7,879,982 for fiscal year 2018, and
$8,041,398 for fiscal year 2019.''.
SEC. 8. VULNERABLE ELDER RIGHTS PROTECTION ACTIVITIES.
(a) Authorization of Appropriations.--Section 702 of the Older
Americans Act of 1965 (42 U.S.C. 3058a) is amended--
(1) in subsection (a), by striking ``such sums'' and all that
follows through the period at the end, and inserting ``$16,280,630
for fiscal year 2017, $16,621,101 for fiscal year 2018, and
$16,961,573 for fiscal year 2019.'';
(2) by striking subsection (b) and inserting the following:
``(b) Other Programs.--There are authorized to be appropriated to
carry out chapters 3 and 4, $4,891,876 for fiscal year 2017, $4,994,178
for fiscal year 2018, and $5,096,480 for fiscal year 2019.''; and
(3) by striking subsection (c).
(b) Ombudsman Definitions.--Section 711(6) of the Older Americans
Act of 1965 (42 U.S.C. 3058f(6)) is amended by striking ``older''.
(c) Ombudsman Programs.--Section 712 of the Older Americans Act of
1965 (42 U.S.C. 3058g) is amended--
(1) in subsection (a)--
(A) in paragraph (2), by adding at the end the following:
``The Ombudsman shall be responsible for the management,
including the fiscal management, of the Office.'';
(B) in paragraph (3)--
(i) in subparagraph (A), by striking clause (i) and
inserting the following:
``(i) are made by, or on behalf of, residents,
including residents with limited or no decisionmaking
capacity and who have no known legal representative, and if
such a resident is unable to communicate consent for an
Ombudsman to work on a complaint directly involving the
resident, the Ombudsman shall seek evidence to indicate
what outcome the resident would have communicated (and, in
the absence of evidence to the contrary, shall assume that
the resident wishes to have the resident's health, safety,
welfare, and rights protected) and shall work to accomplish
that outcome; and'';
(ii) in subparagraph (D), by striking ``regular and
timely'' and inserting ``regular, timely, private, and
unimpeded'';
(iii) in subparagraph (H)(iii)--
(I) by inserting ``, actively encourage, and assist
in'' after ``provide technical support for''; and
(II) by striking ``and'' after the semicolon;
(iv) by redesignating subparagraph (I) as subparagraph
(J); and
(v) by inserting after subparagraph (H) the following:
``(I) when feasible, continue to carry out the functions
described in this section on behalf of residents transitioning
from a long-term care facility to a home care setting; and'';
(C) in paragraph (5)(B)--
(i) in clause (vi)--
(I) by inserting ``, actively encourage, and assist
in'' after ``support''; and
(II) by striking ``and'' after the semicolon;
(ii) by redesignating clause (vii) as clause (viii);
and
(iii) by inserting after clause (vi) the following:
``(vii) identify, investigate, and resolve complaints
described in clause (iii) that are made by or on behalf of
residents with limited or no decisionmaking capacity and
who have no known legal representative, and if such a
resident is unable to communicate consent for an Ombudsman
to work on a complaint directly involving the resident, the
Ombudsman shall seek evidence to indicate what outcome the
resident would have communicated (and, in the absence of
evidence to the contrary, shall assume that the resident
wishes to have the resident's health, safety, welfare, and
rights protected) and shall work to accomplish that
outcome; and'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``access'' and
inserting ``private and unimpeded access''; and
(ii) in subparagraph (B)--
(I) in clause (i)--
(aa) in the matter preceding subclause (I), by
striking ``the medical and social records of a''
and inserting ``all files, records, and other
information concerning a''; and
(bb) in subclause (II), by striking ``to
consent'' and inserting ``to communicate consent'';
and
(II) in clause (ii), in the matter before subclause
(I), by striking ``the records'' and inserting ``the
files, records, and information''; and
(B) by adding at the end the following:
``(3) Health oversight agency.--For purposes of section 264(c)
of the Health Insurance Portability and Accountability Act of 1996
(including regulations issued under that section) (42 U.S.C. 1320d-
2 note), the Ombudsman and a representative of the Office shall be
considered a `health oversight agency,' so that release of
residents' individually identifiable health information to the
Ombudsman or representative is not precluded in cases in which the
requirements of clause (i) or (ii) of paragraph (1)(B), or the
requirements of paragraph (1)(D), are otherwise met.'';
(3) in subsection (c)(2)(D), by striking ``202(a)(21)'' and
inserting ``202(a)(18)'';
(4) in subsection (d)--
(A) in paragraph (1), by striking ``files'' and inserting
``files, records, and other information''; and
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``files and records'' each place
such term appears and inserting ``files, records, and
other information''; and
(II) by striking ``and'' after the semicolon;
(ii) in subparagraph (B)--
(I) by striking ``files or records'' and inserting
``files, records, or other information''; and
(II) in clause (iii), by striking the period at the
end and inserting ``; and''; and
(iii) by adding at the end the following:
``(C) notwithstanding subparagraph (B), ensure that the
Ombudsman may disclose information as needed in order to best
serve residents with limited or no decisionmaking capacity who
have no known legal representative and are unable to
communicate consent, in order for the Ombudsman to carry out
the functions and duties described in paragraphs (3)(A) and
(5)(B) of subsection (a).''; and
(5) by striking subsection (f) and inserting the following:
``(f) Conflict of Interest.--
``(1) Individual conflict of interest.--The State agency
shall--
``(A) ensure that no individual, or member of the immediate
family of an individual, involved in the designation of the
Ombudsman (whether by appointment or otherwise) or the
designation of an entity designated under subsection (a)(5), is
subject to a conflict of interest;
``(B) ensure that no officer or employee of the Office,
representative of a local Ombudsman entity, or member of the
immediate family of the officer, employee, or representative,
is subject to a conflict of interest; and
``(C) ensure that the Ombudsman--
``(i) does not have a direct involvement in the
licensing or certification of a long-term care facility or
of a provider of a long-term care service;
``(ii) does not have an ownership or investment
interest (represented by equity, debt, or other financial
relationship) in a long-term care facility or a long-term
care service;
``(iii) is not employed by, or participating in the
management of, a long-term care facility or a related
organization, and has not been employed by such a facility
or organization within 1 year before the date of the
determination involved;
``(iv) does not receive, or have the right to receive,
directly or indirectly, remuneration (in cash or in kind)
under a compensation arrangement with an owner or operator
of a long-term care facility;
``(v) does not have management responsibility for, or
operate under the supervision of an individual with
management responsibility for, adult protective services;
and
``(vi) does not serve as a guardian or in another
fiduciary capacity for residents of long-term care
facilities in an official capacity (as opposed to serving
as a guardian or fiduciary for a family member, in a
personal capacity).
``(2) Organizational conflict of interest.--
``(A) In general.--The State agency shall comply with
subparagraph (B)(i) in a case in which the Office poses an
organizational conflict of interest, including a situation in
which the Office is placed in an organization that--
``(i) is responsible for licensing, certifying, or
surveying long-term care services in the State;
``(ii) is an association (or an affiliate of such an
association) of long-term care facilities, or of any other
residential facilities for older individuals;
``(iii) provides long-term care services, including
programs carried out under a Medicaid waiver approved under
section 1115 of the Social Security Act (42 U.S.C. 1315) or
under subsection (b) or (c) of section 1915 of the Social
Security Act (42 U.S.C. 1396n), or under a Medicaid State
plan amendment under subsection (i), (j), or (k) of section
1915 of the Social Security Act (42 U.S.C. 1396n);
``(iv) provides long-term care case management;
``(v) sets rates for long-term care services;
``(vi) provides adult protective services;
``(vii) is responsible for eligibility determinations
for the Medicaid program carried out under title XIX of the
Social Security Act (42 U.S.C. 1396 et seq.);
``(viii) conducts preadmission screening for placements
in facilities described in clause (ii); or
``(ix) makes decisions regarding admission or discharge
of individuals to or from such facilities.
``(B) Identifying, removing, and remedying organizational
conflict.--
``(i) In general.--The State agency may not operate the
Office or carry out the program, directly, or by contract
or other arrangement with any public agency or nonprofit
private organization, in a case in which there is an
organizational conflict of interest (within the meaning of
subparagraph (A)) unless such conflict of interest has
been--
``(I) identified by the State agency;
``(II) disclosed by the State agency to the
Assistant Secretary in writing; and
``(III) remedied in accordance with this
subparagraph.
``(ii) Action by assistant secretary.--In a case in
which a potential or actual organizational conflict of
interest (within the meaning of subparagraph (A)) involving
the Office is disclosed or reported to the Assistant
Secretary by any person or entity, the Assistant Secretary
shall require that the State agency, in accordance with the
policies and procedures established by the State agency
under subsection (a)(5)(D)(iii)--
``(I) remove the conflict; or
``(II) submit, and obtain the approval of the
Assistant Secretary for, an adequate remedial plan that
indicates how the Ombudsman will be unencumbered in
fulfilling all of the functions specified in subsection
(a)(3).''; and
(6) in subsection (h)--
(A) in paragraph (3)(A)(i), by striking ``older'';
(B) in paragraph (4), by striking all that precedes
``procedures'' and inserting the following:
``(4) strengthen and update'';
(C) by redesignating paragraphs (4) through (9) as
paragraphs (5) through (10), respectively;
(D) by inserting after paragraph (3) the following:
``(4) ensure that the Ombudsman or a designee participates in
training provided by the National Ombudsman Resource Center
established in section 202(a)(18);'';
(E) in paragraph (6)(A), as redesignated by subparagraph
(C) of this paragraph, by striking ``paragraph (4)'' and
inserting ``paragraph (5)'';
(F) in paragraph (7)(A), as redesignated by subparagraph
(C) of this paragraph, by striking ``subtitle C of the'' and
inserting ``subtitle C of title I of the''; and
(G) in paragraph (10), as redesignated by subparagraph (C)
of this paragraph, by striking ``(6), or (7)'' and inserting
``(7), or (8)''.
(d) Ombudsman Regulations.--Section 713 of the Older Americans Act
of 1965 (42 U.S.C. 3058h) is amended--
(1) in paragraph (1), by striking ``paragraphs (1) and (2) of
section 712(f)'' and inserting ``subparagraphs (A) and (B) of
section 712(f)(1)''; and
(2) in paragraph (2), by striking ``subparagraphs (A) through
(D) of section 712(f)(3)'' and inserting ``clauses (i) through (vi)
of section 712(f)(1)(C)''.
(e) Prevention of Elder Abuse, Neglect, and Exploitation.--Section
721 of the Older Americans Act of 1965 (42 U.S.C. 3058i) is amended--
(1) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking
``(including financial exploitation)'';
(B) by redesignating paragraphs (5) through (12) as
paragraphs (6) through (13), respectively;
(C) by inserting after paragraph (4) the following:
``(5) promoting the submission of data on elder abuse, neglect,
and exploitation for the appropriate database of the Administration
or another database specified by the Assistant Secretary;'';
(D) in paragraph (10)(C), as redesignated by subparagraph
(B) of this paragraph--
(i) in clause (ii), by inserting ``, such as forensic
specialists,'' after ``such personnel''; and
(ii) in clause (v), by inserting before the comma the
following: ``, including programs and arrangements that
protect against financial exploitation''; and
(E) in paragraph (12), as redesignated by subparagraph (B)
of this paragraph--
(i) in subparagraph (D), by striking ``and'' at the
end; and
(ii) by adding at the end the following:
``(F) supporting and studying innovative practices in
communities to develop partnerships across disciplines for the
prevention, investigation, and prosecution of abuse, neglect,
and exploitation; and''; and
(2) in subsection (e)(2), in the matter preceding subparagraph
(A)--
(A) by striking ``subsection (b)(9)(B)(i)'' and inserting
``subsection (b)(10)(B)(i)''; and
(B) by striking ``subsection (b)(9)(B)(ii)'' and inserting
``subsection (b)(10)(B)(ii)''.
SEC. 9. BEHAVIORAL HEALTH.
The Older Americans Act of 1965 is amended--
(1) in section 102 (42 U.S.C. 3002)--
(A) in paragraph (14)(G), by inserting ``and behavioral''
after ``mental'';
(B) in paragraph (36), by inserting ``and behavioral''
after ``mental''; and
(C) in paragraph (47)(B), by inserting ``and behavioral''
after ``mental'';
(2) in section 201(f)(1) (42 U.S.C. 3011(f)(1)), by inserting
``and behavioral'' after ``mental'';
(3) in section 202(a)(5) (42 U.S.C. 3012(a)(5)), by inserting
``and behavioral'' after ``mental'';
(4) in section 306(a) (42 U.S.C. 3026(a))--
(A) in paragraph (2)(A), by inserting ``and behavioral''
after ``mental''; and
(B) in paragraph (6)(F), by striking ``mental health
services'' each place such term appears and inserting ``mental
and behavioral health services''; and
(5) in section 321(a) (42 U.S.C. 3030d)--
(A) in paragraph (1), as amended by section 4(g), by
inserting ``and behavioral'' after ``mental'';
(B) in paragraph (14)(B), by inserting ``and behavioral''
after ``mental''; and
(C) in paragraph (23), by inserting ``and behavioral''
after ``mental''.
SEC. 10. GUIDANCE ON SERVING HOLOCAUST SURVIVORS.
(a) In General.--Because the services under the Older Americans Act
of 1965 (42 U.S.C. 3001 et seq.) are critical to meeting the urgent
needs of Holocaust survivors to age in place with dignity, comfort,
security, and quality of life, the Assistant Secretary for Aging shall
issue guidance to States, that shall be applicable to States, area
agencies on aging, and providers of services for older individuals,
with respect to serving Holocaust survivors, including guidance on
promising practices for conducting outreach to that population. In
developing the guidance, the Assistant Secretary for Aging shall
consult with experts and organizations serving Holocaust survivors, and
shall take into account the possibility that the needs of Holocaust
survivors may differ based on geography.
(b) Contents.--The guidance shall include the following:
(1) How nutrition service providers may meet the special
health-related or other dietary needs of participants in programs
under the Older Americans Act of 1965, including needs based on
religious, cultural, or ethnic requirements.
(2) How transportation service providers may address the urgent
transportation needs of Holocaust survivors.
(3) How State long-term care ombudsmen may address the unique
needs of residents of long-term care facilities for whom
institutional settings may produce sights, sounds, smells,
emotions, and routines, that can induce panic, anxiety, and
retraumatization as a result of experiences from the Holocaust.
(4) How supportive services providers may consider the unique
needs of Holocaust survivors.
(5) How other services provided under that Act, as determined
by the Assistant Secretary for Aging, may serve Holocaust
survivors.
(c) Date of Issuance.--The guidance described in subsection (a)
shall be issued not later than 180 days after the date of enactment of
this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.