[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 2037 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 2037

  To reauthorize and improve the Older Americans Act of 1965, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 26, 2012

  Mr. Sanders introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
  To reauthorize and improve 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 Amendments of 
2012''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Older adults are the fastest growing segment of the 
        Nation's population, in the Nation's history.
            (2) Every day, 10,000 Baby Boomers turn 65.
            (3) One in every 5 of those individuals age 65 and older 
        survives on an average of $7,500 a year.
            (4) Older adults haven't seen a cost of living adjustment 
        in Federal benefits, including assistance under the Social 
        Security Act, in more than 2 years and will only see a very 
        slight cost of living adjustment in those benefits for this 
        fiscal year.
            (5) Federal funding to support older adults and their 
        caregivers has not kept pace with inflation.
            (6) Only 7 percent of individuals who are food insecure are 
        getting a home-delivered meal.
            (7) The cost of staying in a nursing home is averaging over 
        $77,000 per year.
            (8) The Medicaid program is paying for the majority of 
        nursing home care.
            (9) The number of elder abuse and neglect cases is soaring.
            (10) States are cutting budgets for Medicaid programs, and 
        the cuts sometimes result in nursing homes dropping older 
        adults off at homeless shelters.
            (11) By making significant improvements through the Older 
        Americans Act Amendments of 2012, it is possible to improve the 
        lives of millions of older adults, and ensure that they receive 
        all of the supports and services that they need to stay healthy 
        and active in their homes and communities.

            TITLE I--DECLARATION OF OBJECTIVES; DEFINITIONS

SEC. 101. DECLARATION OF OBJECTIVES.

    Section 101 of the Older Americans Act of 1965 (42 U.S.C. 3001) is 
amended by striking paragraph (1) and inserting the following:
            ``(1) Economic security in later life in accordance with 
        the American standard of living.''.

SEC. 102. DEFINITIONS.

    (a) In General.--Section 102 of the Older Americans Act of 1965 (42 
U.S.C. 3002) is amended--
            (1) in paragraph (14), by striking the last sentence;
            (2) by redesignating paragraphs (15) through (54) as 
        paragraphs (16) through (55), respectively;
            (3) by inserting after paragraph (14) the following:
            ``(15) The term `economic security' means the situation of 
        having the income necessary to pay for housing, health care, 
        transportation, food, long-term care, and goods and services to 
        meet other basic needs.'';
            (4) in paragraph (24), as redesignated by paragraph (2) of 
        this subsection, by striking ``at or below the poverty line.'' 
        and inserting ``that is not more than 200 percent of the 
        poverty line.'';
            (5) by striking paragraph (25), as redesignated by 
        paragraph (2) of this subsection, and inserting the following:
            ``(25) Greatest social need.--The term `greatest social 
        need' means need--
                    ``(A) caused by noneconomic factors, which 
                include--
                            ``(i) physical and mental disabilities;
                            ``(ii) language barriers including limited 
                        English proficiency;
                            ``(iii) cultural, social, or geographic 
                        isolation (such as residence in a rural area), 
                        including isolation caused by racial, minority, 
                        or ethnic status, or status as a lesbian, gay, 
                        bisexual, or transgendered older adult; and
                            ``(iv) HIV-positive health status or 
                        Alzheimer's disease or a related disorder with 
                        neurological and organic brain dysfunction; and
                    ``(B) that--
                            ``(i) restricts the ability of an 
                        individual to perform normal daily tasks; or
                            ``(ii) threatens the capacity of the 
                        individual to live independently.'';
            (6) in paragraph (29)(E)(i), as redesignated by paragraph 
        (2) of this subsection, by inserting after ``social need'' the 
        following: ``(with particular attention to individuals with 
        factors listed in paragraph (25))'';
            (7) in paragraph (35)(C), as redesignated by paragraph (2) 
        of this subsection--
                    (A) in subparagraph (A), by adding ``and'' at the 
                end;
                    (B) in subparagraph (B), by striking ``and'' at the 
                end; and
                    (C) by striking subparagraph (C); and
            (8) by adding at the end the following:
            ``(55) Integrated legal assistance delivery system.--The 
        term `integrated legal assistance delivery system' means a 
        collaboratively run, statewide network that is established to 
        provide direct legal assistance, in the most efficient and 
        impactful manner possible, targeted at older individuals with 
        greatest economic need and older individuals with greatest 
        social need, in coordination with the legal assistance 
        developer for the State and all State, regional, and local 
        service providers engaged in promoting or supporting elder 
        rights.''.
    (b) Conforming Amendments.--Section 102 of the Older Americans Act 
of 1965 (42 U.S.C. 3002), as redesignated by subsection (a)(2), is 
amended--
            (1) in paragraph (38)(A), by striking ``as defined in 
        paragraph (5)'' and inserting ``as defined in paragraph (27)'';
            (2) in paragraph (39), by striking ``(as defined in 
        paragraph (18)(B))'' and inserting ``(as defined in paragraph 
        (19)(B))'';
            (3) in paragraph (47)(D), by striking ``(as defined in 
        paragraph (18)(B))'' and inserting ``(as defined in paragraph 
        (19)(B))''; and
            (4) in paragraph (49)(B), by striking ``specified in 
        subparagraphs (A) through (G) of paragraph (8).'' and inserting 
        ``specified in subparagraphs (A) through (G) of paragraph 
        (13).''.

                   TITLE II--ADMINISTRATION ON AGING

SEC. 201. ESTABLISHMENT OF ADMINISTRATION ON AGING.

    Section 201(d)(3) of the Older Americans Act of 1965 (42 U.S.C. 
3011(d)(3)) is amended--
            (1) in subsection (C)--
                    (A) in clause (i), by striking ``; and'' and 
                inserting a semicolon;
                    (B) by redesignating clause (ii) as clause (iii); 
                and
                    (C) by inserting after clause (i) the following:
                            ``(ii) resources needed by State Long-Term 
                        Care Ombudsmen to collect and report program 
                        data through the National Ombudsman Reporting 
                        System, including hardware and software that 
                        meet national standards; and''; and
            (2) in subparagraph (L)--
                    (A) by striking ``Older Americans Act Amendments of 
                1992'' and inserting ``Older Americans Act Amendments 
                of 2012''; and
                    (B) by striking ``712(h)(4)'' and inserting 
                ``712(h)(5)''.

SEC. 202. FUNCTIONS OF ASSISTANT SECRETARY.

    Section 202(a) of the Older Americans Act of 1965 (42 U.S.C. 
3012(a)) is amended--
            (1) in paragraph (15), by striking ``, with particular 
        attention'' and all that follows through the semicolon and 
        inserting ``(with particular attention to individuals with 
        factors listed in section 102(25));'';
            (2) in paragraph (18), by amending subparagraph (B) to read 
        as follows:
                    ``(B)(i) for fiscal year 2012, make available not 
                less than $2,000,000 to carry out the functions of the 
                Center; and
                    ``(ii) in subsequent fiscal years, make available 
                such sums as may be necessary to carry out the 
                functions of the Center, which in no case shall be less 
                than an amount equal to the sum of--
                            ``(I) the amount made available to carry 
                        out the functions of the Center for the 
                        preceding fiscal year; plus
                            ``(II) an amount not less than $100,000;'';
            (3) by striking paragraph (22) and inserting the following:
            ``(22) develop guidelines for a State designated agency 
        (such as a State agency) to follow in--
                    ``(A) choosing and evaluating providers of legal 
                assistance with the capacity to work within an 
                integrated legal assistance delivery system; and
                    ``(B) collecting data and reporting to the 
                Administration;'';
            (4) by redesignating paragraphs (25) through (28) as 
        paragraphs (26) through (29), respectively; and
            (5) by inserting after paragraph (24) the following:
            ``(25)(A) conduct a planning and feasibility study--
                    ``(i) with the intent of establishing a national 
                database of local service organizations or local senior 
                community service employment programs authorized under 
                title V that offer volunteer placements; and
                    ``(ii) on the capacity, as of the date of the 
                study, of the aging network to manage such a database; 
                and
            ``(B) not later than 2 years after the date of enactment of 
        the Older Americans Act Amendments of 2012, submit to Congress 
        the results of the study conducted under subparagraph (A);''.

SEC. 203. FEDERAL AGENCY CONSULTATION.

    Section 203 of the Older Americans Act of 1965 (42 U.S.C. 3013) is 
amended--
            (1) in subsection (a)(3)(A), by striking ``older 
        individuals (with particular attention to low-income older 
        individuals, including low-income minority older individuals, 
        older individuals with limited English proficiency, and older 
        individuals residing in rural areas)'' and inserting ``older 
        individuals, older individuals with greatest economic need, and 
        older individuals with greatest social need (with particular 
        attention to individuals with factors listed in section 
        102(25))''; and
            (2) in subsection (b)--
                    (A) in paragraph (18), by striking ``, and'' and 
                inserting a comma;
                    (B) in paragraph (19), by striking the period at 
                the end and inserting a comma; and
                    (C) by adding at the end the following:
            ``(20) the Patient Protection and Affordable Care Act, 
        including programs that increase integration with community 
        health centers, as practicable, and
            ``(21) title XXIX of the Public Health Service Act.''.

SEC. 204. EVALUATION.

    Section 206 of the Older Americans Act of 1965 (42 U.S.C. 3017) is 
amended--
            (1) in subsection (a), by striking ``greatest economic 
        need'' and all that follows through ``areas),'' and inserting 
        ``greatest economic need and unserved older individuals with 
        greatest social need (with particular attention to individuals 
        with factors listed in section 102(25)),''; and
            (2) in subsection (g), by striking ``\1/2\ of''.

SEC. 205. REPORTS.

    Section 207 of the Older Americans Act of 1965 (42 U.S.C. 3018) is 
amended--
            (1) in subsection (a)(3), by striking ``, with particular 
        attention'' and all that follows through the semicolon and 
        inserting ``(with particular attention to individuals with 
        factors listed in section 102(25));''; and
            (2) in subsection (c)(5)--
                    (A) by striking ``economic need (including low-
                income minority individuals and older individuals 
                residing in rural areas)'' and inserting ``economic 
                need''; and
                    (B) by striking ``social need (including low-income 
                minority individuals and older individuals residing in 
                rural areas)'' and inserting ``social need (with 
                particular attention to individuals with factors listed 
                in section 102(25))''.

SEC. 206. APPROPRIATE USE OF FUNDS.

    Section 212(b)(3) of the Older Americans Act of 1965 (42 U.S.C. 
3020c(b)(3)) is amended--
            (1) by striking ``social need,'' and inserting ``social 
        need (with particular attention to individuals with factors 
        listed in section 102(25)) or''; and
            (2) by striking ``, or an older'' and all that follows 
        through ``placement''.

SEC. 207. 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 ``2007, 2008, 2009, 
        2010, and 2011'' and inserting ``2013, 2014, 2015, 2016, and 
        2017'';
            (2) in subsection (b), by striking ``2007, 2008, 2009, 
        2010, and 2011'' and inserting ``2013, 2014, 2015, 2016, and 
        2017''; and
            (3) in subsection (c), by striking ``2007, 2008, 2009, 
        2010, and 2011'' and inserting ``2013, 2014, 2015, 2016, and 
        2017''.

SEC. 208. CONSUMER PRICE INDEX.

    (a) In General.--The Secretary of Labor, through the Bureau of 
Labor Statistics and in consultation with the Assistant Secretary for 
Aging, shall revise and improve the Experimental Price Index for the 
Elderly published by the Bureau of Labor Statistics (commonly referred 
to as the ``CPI-E'') in order for the CPI-E to be considered a reliable 
measure in determining future cost of living adjustments that impact 
Americans who are 62 years of age or older.
    (b) Revision Requirements.--In carrying out subsection (a), the 
Secretary of Labor shall--
            (1) increase the number of Americans 62 years of age and 
        older sampled in the consumer expenditure survey used to 
        establish the CPI-E;
            (2) establish samples of market-based items, stores, and 
        prices to represent the purchasing patterns of Americans 62 
        years of age and older; and
            (3) examine the medical care component, including the cost 
        and usage of prescription drugs, of the CPI-E taking into 
        account that Americans 62 years of age and older have different 
        illnesses and medical expenses than Americans under 62 years of 
        age.
    (c) Report to Congress.--Not later than 2 years after the date of 
enactment of this Act, the Secretary of Labor shall submit to Congress 
a report that describes the revised CPI-E and the activities carried 
out by the Secretary under this section.

      TITLE III--GRANTS FOR STATE AND COMMUNITY PROGRAMS ON AGING

SEC. 301. PURPOSE; ADMINISTRATION.

    Section 301(a)(2) of the Older Americans Act of 1965 (42 U.S.C. 
3021(a)(2)) is amended--
            (1) in subparagraph (E), by striking ``and'' at the end;
            (2) in subparagraph (F), by striking the period and 
        inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(G) Federally Qualified Health Centers, as 
                defined in sections 1861(aa)(4) and 1905(l)(2)(B) of 
                the Social Security Act (42 U.S.C. 1395x(aa)(4), 
                1396d(l)(2)(B)).''.

SEC. 302. AUTHORIZATION OF APPROPRIATIONS.

    Section 303 of the Older Americans Act of 1965 (42 U.S.C. 3023) is 
amended--
            (1) in subsection (a), by striking paragraph (1) and 
        inserting the following:
    ``(1) There are authorized to be appropriated to carry out part B 
(relating to supportive services) such sums as may be necessary for 
each of fiscal years 2013, 2014, 2015, 2016, and 2017.'';
            (2) by striking subsection (b) and inserting the following:
    ``(b) There are authorized to be appropriated to carry out part C 
(relating to nutrition services) such sums as may be necessary for each 
of fiscal years 2013, 2014, 2015, 2016, and 2017.'';
            (3) by striking subsection (d) and inserting the following:
    ``(d) There are authorized to be appropriated to carry out part D 
(relating to disease prevention and health promotion services) such 
sums as may be necessary for each of fiscal years 2013, 2014, 2015, 
2016, and 2017.''; and
            (4) by adding at the end the following:
    ``(f) It is the sense of Congress that--
            ``(1) in order to carry out part B (relating to supportive 
        services), the amount appropriated under subsection (a)(1) 
        should be not less than $551,000,000 for fiscal year 2013;
            ``(2) in order to carry out part C (relating to nutrition 
        services), the amount appropriated under subsection (b) should 
        be not less than $1,200,000,000 for fiscal year 2013; and
            ``(3) in order to carry out part D (relating to disease 
        prevention and health promotion services), the amount 
        appropriated under subsection (d) should be not less than 
        $32,000,000 for fiscal year 2013.''.

SEC. 303. ORGANIZATION.

    Section 305 of the Older Americans Act of 1965 (42 U.S.C. 3025) is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)(E)--
                            (i) by striking ``greatest economic need'' 
                        and all that follows through ``rural areas)'' 
                        the first place it appears and inserting 
                        ``greatest economic need''; and
                            (ii) by striking ``greatest social need'' 
                        and all that follows through ``rural areas)'' 
                        and inserting ``greatest social need (with 
                        particular attention to individuals with 
                        factors listed in section 102(25));''; and
                    (B) in paragraph (2)--
                            (i) in subparagraph (C)(ii), by striking 
                        ``areas'' and all that follows and inserting 
                        ``areas of older individuals with greatest 
                        economic need and older individuals with 
                        greatest social need (with particular attention 
                        to individuals with factors listed in section 
                        102(25));''; and
                            (ii) in subparagraph (E), by striking 
                        ``services to'' and all that follows through 
                        ``rural areas)'' and inserting ``services to 
                        older individuals with greatest economic need 
                        and older individuals with greatest social need 
                        (with particular attention to individuals with 
                        factors listed in section 102(25))''; and
            (2) in subsection (d)(1), by striking ``greatest economic 
        or social need'' and inserting ``greatest economic need and 
        greatest social need''.

SEC. 304. AREA PLANS.

    Section 306 of the Older Americans Act of 1965 (42 U.S.C. 3026) is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) by striking ``maintenance, or 
                        construction of multipurpose senior centers'' 
                        and inserting ``maintenance, modernization, or 
                        construction of multipurpose senior centers 
                        (which system includes a plan to use the skills 
                        and services of older individuals in paid and 
                        unpaid work, including multigenerational work 
                        and older individual-to-older individual 
                        service activities, relating to such 
                        maintenance, modernization, or construction, or 
                        activities at the centers)'';
                            (ii) by striking ``greatest economic need'' 
                        and all that follows through ``rural areas)'' 
                        the first place it appears and inserting 
                        ``greatest economic need''; and
                            (iii) by striking ``greatest social need'' 
                        and all that follows through ``rural areas)'' 
                        and inserting ``greatest social need (with 
                        particular attention to individuals with 
                        factors listed in section 102(25))'';
                    (B) in paragraph (2)(A), by striking ``eligible)'' 
                and inserting ``eligible and shall include information 
                on paid and unpaid work opportunities for older 
                individuals)'';
                    (C) in paragraph (4)--
                            (i) in subparagraph (A)--
                                    (I) in clause (i)(I), by striking 
                                ``will--'' and all that follows and 
                                inserting ``will set specific 
                                objectives, consistent with State 
                                policy, for providing services to older 
                                individuals with greatest economic 
                                need, older individuals with greatest 
                                social need (with particular attention 
                                to individuals with factors listed in 
                                section (25)), and older individuals at 
                                risk for institutional placement; 
                                and'';
                                    (II) in clause (i)(II), by striking 
                                ``items (aa) and (bb) of''; and
                                    (III) in subclauses (I), (II), and 
                                (III) of clause (ii), by striking 
                                ``low-income'' and all that follows 
                                through ``rural areas'' and inserting 
                                ``individuals with greatest economic 
                                need and individuals with greatest 
                                social need (with particular attention 
                                to individuals with factors listed in 
                                section 102(25))''; and
                            (ii) in subparagraph (B)(i)--
                                    (I) in subclause (II), by striking 
                                ``economic need'' and all that follows 
                                through ``rural areas)'' and inserting 
                                ``economic need''; and
                                    (II) in subclause (III), by 
                                striking ``social need'' and all that 
                                follows through ``rural areas)'' and 
                                inserting ``social need'';
                    (D) in paragraph (6)(E)(ii), by inserting ``and 
                Federally Qualified Health Centers, as defined in 
                sections 1861(aa)(4) and 1905(l)(2)(B) of the Social 
                Security Act (42 U.S.C. 1395x(aa)(4), 1396d(l)(2)(B))'' 
                after ``203(b)''; and
                    (E) by striking paragraph (9) and inserting the 
                following:
            ``(9) provide assurances that the area agency on aging, in 
        carrying out the State Long-Term Care Ombudsman program 
        described in section 307(a)(9), will--
                    ``(A) provide adequate funding to conduct an 
                effective Ombudsman program in compliance with this 
                Act; and
                    ``(B) expend not less than the total amount of 
                funds appropriated under this Act or made available 
                through other resources, and expended by the agency in 
                fiscal year 2010, in carrying out such a program under 
                this Act;''; and
            (2) in subsection (b)(2)(B), by striking ``including 
        individuals'' and all that follows and inserting ``including 
        older individuals with greatest economic need and older 
        individuals with greatest social need (with particular 
        attention to individuals with factors listed in section 
        102(25));''.

SEC. 305. STATE PLANS.

    Section 307(a) of the Older Americans Act of 1965 (42 U.S.C. 
3027(a)) is amended--
            (1) in paragraph (2)(A), by striking ``section 202(a)(29)'' 
        and inserting ``section 202(a)(27)'';
            (2) in paragraph (4), by striking ``provided to 
        individuals'' and all that follows and inserting ``provided to 
        individuals with greatest economic need, individuals with 
        greatest social need (with particular attention to individuals 
        with factors listed in section 102(25)), and individuals with 
        disabilities.'';
            (3) by striking paragraph (9) and inserting the following:
            ``(9) The plan shall provide assurances that the State 
        agency will carry out, through the Office of the State Long-
        Term Care Ombudsman, a State Long-Term Care Ombudsman program 
        in accordance with section 712 and this title, and, in carrying 
        out the program, will--
                    ``(A) provide adequate funding to conduct an 
                effective Ombudsman program in compliance with this 
                Act; and
                    ``(B) expend not less than the total amount of 
                funds appropriated under this Act or made available 
                through other resources, and expended by the agency in 
                fiscal year 2010, in carrying out such a program under 
                this Act.'';
            (4) in paragraph (11)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``legal assistance--'' and inserting ``legal 
                assistance, which shall be provided through an 
                integrated legal assistance delivery system--'';
                    (B) in subparagraph (A), by striking ``area 
                agencies on aging'' and inserting ``a State designated 
                agency (such as a State agency)'';
                    (C) in subparagraph (B), by striking ``individuals 
                with the greatest such need;'' and inserting 
                ``individuals with greatest economic need and 
                individuals with greatest social need (with particular 
                attention to individuals with factors listed in section 
                102(25)),''; and
                    (D) in subparagraph (E), by striking ``area 
                agencies on aging'' and inserting ``a State designated 
                agency'';
            (5) in paragraph (16)--
                    (A) in subparagraph (A), by striking clauses (i) 
                through (vi) and inserting the following:
                            ``(i) older individuals with greatest 
                        economic need;
                            ``(ii) older individuals with greatest 
                        social need (with particular attention to 
                        individuals with factors listed in section 
                        102(25));
                            ``(iii) older individuals with severe 
                        disabilities; and
                            ``(iv) caregivers of individuals described 
                        in clause (i), (ii), or (iii); and''; and
                    (B) in subparagraph (B)--
                            (i) by striking ``(vi)'' and inserting 
                        ``(iv)''; and
                            (ii) by striking ``caretakers'' and 
                        inserting ``caregivers''; and
            (6) in paragraph (28)(B)(ii), by striking ``including 
        individuals'' and all that follows and inserting ``including 
        older individuals with greatest economic need and older 
        individuals with greatest social need (with particular 
        attention to individuals with factors listed in section 
        102(25));''.

SEC. 306. PLANNING, COORDINATION, EVALUATION, AND ADMINISTRATION OF 
              STATE PLANS.

    Section 308 of the Older Americans Act of 1965 (42 U.S.C. 3028) is 
amended--
            (1) in subsection (a)(1)--
                    (A) by striking ``, and the carrying out'' and 
                inserting ``, the carrying out''; and
                    (B) by inserting before the period the following: 
                ``, and the modernization of such senior centers''; and
            (2) in subsection (b)--
                    (A) by striking paragraph (4) and inserting the 
                following:
    ``(4) Notwithstanding any other provision of this title, with 
respect to funds appropriated under section 303(b) and received by a 
State, the State--
            ``(A) shall use 40 percent of the funds to provide services 
        under subpart 1 of part C (relating to congregate nutrition 
        services);
            ``(B) shall use 35 percent of the funds to provide services 
        under subpart 2 of part C (relating to home delivered nutrition 
        services); and
            ``(C) shall use the remaining 25 percent of the funds to 
        provide either type of nutrition services, including paying for 
        transportation costs that can be demonstrated to be directly 
        related to the provision of either type of nutrition 
        services.'';
                    (B) in paragraph (5)(A)--
                            (i) by striking ``paragraphs (1) and (2) 
                        of''; and
                            (ii) by striking ``30 percent'' and 
                        inserting ``25 percent'';
                    (C) in paragraph (6), by striking ``to make a 
                transfer under paragraph (4)(A) or'' and inserting ``to 
                determine how to use funds under paragraph (4)(C) or to 
                make a transfer under''; and
                    (D) in paragraph (7)--
                            (i) by striking ``transfers described in 
                        paragraphs (4)(A) and'' each place it appears 
                        and inserting ``a determination about how to 
                        use funds under paragraph (4)(C) or a transfer 
                        under paragraph''; and
                            (ii) in subparagraph (C), by striking 
                        ``effect of the transfers'' and inserting 
                        ``effect of the determination or transfer''.

SEC. 307. CONSUMER CONTRIBUTIONS.

    Section 315 of the Older Americans Act of 1965 (42 U.S.C. 3030c-2) 
is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1), by striking ``185 percent'' 
                and inserting ``200 percent''; and
                    (B) in paragraph (3), by adding at the end the 
                following: ``Contributions under this section shall be 
                used to supplement, and not to supplant, any other 
                funds expended for activities described in this Act.'';
            (2) in subsection (c)(2), by striking ``participation of'' 
        and all that follows through ``rural areas)'' and inserting 
        ``participation of older individuals with greatest economic 
        need and older individuals with greatest social need (with 
        particular attention to individuals with factors listed in 
        section 102(25))''; and
            (3) in subsection (d)--
                    (A) by striking ``Not later'' and all that follows 
                through ``shall conduct'' and inserting ``Not later 
                than January 1, 2014, and annually thereafter, the 
                Assistant Secretary shall conduct, and submit to the 
                appropriate committees of Congress a report containing 
                the results of,'';
                    (B) by striking ``(with particular'' and all that 
                follows through ``rural areas)'' and inserting ``, 
                including participation rates for individuals with 
                greatest economic need and individuals with greatest 
                social need (with particular attention to individuals 
                with factors listed in section 102(25))''; and
                    (C) by adding at the end the following: ``The 
                Assistant Secretary shall include in the report an 
                evaluation of the methods used, by the area agencies on 
                aging and service providers under this Act, to ensure 
                that the consumer contributions are used to supplement 
                the services for which the contributions were 
                collected.''.

SEC. 308. SUPPORTIVE SERVICES AND SENIOR CENTERS PROGRAM.

    Section 321(b)(1) of the Older Americans Act of 1965 (42 U.S.C. 
3030d(b)(1)) is amended by inserting ``or modernization'' after 
``construction''.

SEC. 309. DISEASE PREVENTION AND HEALTH PROMOTION SERVICES.

    (a) Program.--Section 361 of the Older Americans Act of 1965 (42 
U.S.C. 3030m) is amended--
            (1) in subsection (a), in the first sentence--
                    (A) by inserting ``evidence-based'' after ``to 
                provide'';
                    (B) by inserting ``(through programs such as the 
                programs coordinated through the Sickness Prevention 
                Achieved Through Regional Collaboration program)'' 
                after ``promotion services''; and
                    (C) by inserting before ``or at'' the following: 
                ``the Federally Qualified Health Centers (as defined in 
                sections 1861(aa)(4) and 1905(l)(2)(B) of the Social 
                Security Act (42 U.S.C. 1395x(aa)(4), 
                1396d(l)(2)(B))),'';
            (2) by striking subsection (b); and
            (3) by redesignating subsection (c) as subsection (b).
    (b) State Option To Fund Services Directly.--Section 362 of the 
Older Americans Act of 1965 (42 U.S.C. 3030n) is amended--
            (1) by striking the section heading and all that follows 
        through ``the State'' and inserting the following:

``SEC. 362. PRIORITY PLANNING AND SERVICE AREAS; DIRECT FUNDING OF 
              SERVICES BY STATE.

    ``(a) Priority Planning and Service Areas.--The State''; and
            (2) by adding after subsection (a), as so designated, the 
        following:
    ``(b) State Option To Fund Services Directly.--As an alternative to 
providing for services under this part by distributing grant funds from 
such a grant to area agencies on aging, a State agency may, at its 
discretion, utilize some or all of such grant funds to provide for such 
services directly, if the State agency determines that providing the 
services directly will facilitate statewide access to such services and 
maximize the impact of available grant funding.''.
    (c) Clinical Preventive Services.--Part D of title III of the Older 
Americans Act of 1965 (42 U.S.C. 3030m et seq.) is amended by adding at 
the end the following:

``SEC. 363. CLINICAL PREVENTIVE SERVICES.

    ``(a) Finding.--Congress finds that the clinical preventive 
services described in subsection (c) are covered under the Medicare 
program carried out under title XVIII of the Social Security Act (42 
U.S.C. 1395 et seq.).
    ``(b) Purposes.--The purpose of this section is to increase the 
number of older individuals receiving, at a minimum, the clinical 
preventive services.
    ``(c) Definition.--In this part, the term `disease prevention and 
health promotion services' includes diabetes screening and the clinical 
preventive services consisting of--
            ``(1) provision of influenza vaccines;
            ``(2) provision of pneumococcal vaccines;
            ``(3) breast cancer screening;
            ``(4) cervical cancer screening;
            ``(5) colorectal cancer screening;
            ``(6) hypertension screening; and
            ``(7) cholesterol screening.''.

SEC. 310. 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 (b)--
                    (A) in paragraph (4), by striking ``and'' at the 
                end;
                    (B) in paragraph (5), by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(6) for the efforts of the Ombudsman to facilitate the 
        activities of, and support, the State Long-Term Care Ombudsman 
        program under title VII and this title for the efforts of the 
        Ombudsman to facilitate the activities of, and support, family 
        and caregiver councils in long-term care facilities.''; and
            (2) in subsection (c)--
                    (A) in paragraph (1)(B), by striking ``section 
                102(22).'' and inserting ``section 102(23).''; and
                    (B) in paragraph (2)(A), by striking ``caregivers'' 
                and all that follows and inserting ``caregivers who are 
                older individuals with greatest economic need or older 
                individuals with greatest social need (with particular 
                attention to individuals with factors listed in section 
                102(25)); and''.

SEC. 311. LIVABLE COMMUNITIES GRANT PROGRAM.

    Title III of the Older Americans Act of 1965 (42 U.S.C. 3001 et 
seq.) is amended by adding at the end the following:

                     ``PART VI--LIVABLE COMMUNITIES

``SEC. 381. LIVABLE COMMUNITIES GRANT PROGRAM.

    ``(a) Definitions.--In this section:
            ``(1) Eligible entity.--The term `eligible entity' means--
                    ``(A) a State;
                    ``(B) an area agency on aging; or
                    ``(C) a tribal or Native Hawaiian organization.
            ``(2) Livable community.--The term `livable community' 
        means a metropolitan, urban, suburban, or rural community in 
        which--
                    ``(A) safe, reliable, and accessible transportation 
                choices exist;
                    ``(B) long-term, affordable, accessible, energy-
                efficient, and conveniently located housing choices 
                exist for people of all ages, incomes, races, and 
                ethnicities;
                    ``(C) the growth of neighborhoods is supported, 
                revitalized, and encouraged, and the cost-effectiveness 
                of infrastructure is maximized;
                    ``(D) economic development and economic 
                competitiveness are promoted;
                    ``(E) the environment and natural resources are 
                preserved;
                    ``(F) agricultural land, rural land, and green 
                space are protected; and
                    ``(G) public health is supported, improving the 
                quality of life for residents of, and workers in, the 
                community.
            ``(3) Tribal or native hawaiian organization.--The term 
        `tribal or Native Hawaiian organization' means an organization 
        that is eligible to receive a grant under title VI.
    ``(b) In General.--The Assistant Secretary shall award grants, from 
allotments made under subsection (c)(1) and as described in subsection 
(c)(2), to eligible entities to pay for the Federal share of the cost 
of assisting communities in preparing for the aging of the population, 
through activities described in subsection (e).
    ``(c) Availability of Funds.--
            ``(1) States and area agencies on aging.--Subject to 
        paragraph (4), from the sums appropriated under subsection (i) 
        for each of fiscal years 2013, 2014, 2015, 2016, and 2017, the 
        Assistant Secretary shall allot funds under this section in the 
        amount of--
                    ``(A) $30,000 to each State; and
                    ``(B) $30,000 to each area agency on aging.
            ``(2) Tribal or native hawaiian organizations.--Subject to 
        paragraph (4), from the sums appropriated under subsection (i) 
        for each of fiscal years 2013, 2014, 2015, 2016, and 2017, the 
        Assistant Secretary shall reserve $1,500,000, and use the 
        reserved funds for grants to tribal or Native Hawaiian 
        organizations.
            ``(3) National resource center.--Subject to paragraph (4), 
        from the sums appropriated under subsection (i) for each of 
        fiscal years 2013, 2014, 2015, 2016, and 2017, the Assistant 
        Secretary shall reserve $3,000,000, and use the reserved funds 
        for a grant to the national organization selected under 
        subsection (f)(1).
            ``(4) Insufficient appropriations.--Notwithstanding 
        paragraphs (1), (2), and (3), if the amount appropriated under 
        subsection (i) for a fiscal year is insufficient for the 
        Assistant Secretary to provide all the allotments described in 
        paragraph (1), and to reserve the amounts described in 
        paragraphs (2) and (3), for that fiscal year, the Secretary 
        shall proportionately reduce the number of allotments made 
        under paragraph (1), and the amount of each reservation 
        described in paragraph (2) or (3) for that fiscal year.
    ``(d) Application.--An eligible entity desiring a grant under this 
section shall submit an application to the Assistant Secretary at such 
time, in such manner, and accompanied by such information as the 
Assistant Secretary may require.
    ``(e) Use of Grant Funds.--An eligible entity may use the funds 
made available through a grant--
            ``(1) to hire a professional planner to help State 
        agencies, local elected officials, local government agencies, 
        tribal or Native Hawaiian organizations, and private and 
        nonprofit organizations to develop policies, programs, and 
        services to foster livable communities for people of all ages;
            ``(2) to assess the aging population; and
            ``(3) to coordinate the activities of State and local 
        agencies in order to meet the needs of older individuals.
    ``(f) National Resource Center.--
            ``(1) In general.--The Assistant Secretary shall make a 
        grant to a national organization, as described in subsection 
        (c)(3), to establish a National Resource Center on Livable 
        Communities for All Ages to provide technical assistance to 
        eligible entities awarded grants under subsection (b).
            ``(2) Criteria for selection.--The national organization 
        selected under paragraph (1) shall have a proven capacity to 
        provide training and technical assistance to support States, 
        area agencies on aging, and tribal or Native Hawaiian 
        organizations, in engaging in community planning activities.
            ``(3) Application.--A national organization desiring the 
        grant under this subsection shall submit an application to the 
        Assistant Secretary at such time, in such manner, and 
        accompanied by such information as the Assistant Secretary may 
        require.
    ``(g) Federal Share.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        Federal share of the cost described in subsection (b) shall be 
        75 percent.
            ``(2) Exceptions.--
                    ``(A) Small and rural communities.--In the case of 
                an eligible entity that is an area agency on aging that 
                serves an area with less than 200,000 in population, 
                the Federal share of the cost described in subsection 
                (b) may be 80 percent.
                    ``(B) Tribal or native hawaiian organizations.--In 
                the case of an eligible entity that is a tribal or 
                Native Hawaiian organization, the Federal share of the 
                cost described in subsection (b) shall be 100 percent.
            ``(3) Non-federal share.--
                    ``(A) In-kind contributions.--For the purpose of 
                this section, the non-Federal share of the cost may be 
                provided in cash or in-kind, fairly evaluated.
                    ``(B) Other federal funding.--An eligible entity 
                may use Federal funds appropriated under this Act and 
                available to carry out section 306, 307, 614, or 624, 
                as the case may be, towards providing the non-Federal 
                share of the cost.
    ``(h) Application of General Provisions.--Sections 301 through 316 
shall not be considered to apply to this part.
    ``(i) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated 
        to carry out this part such sums as may be necessary for fiscal 
        years 2013, 2014, 2015, 2016, and 2017.
            ``(2) Sense of the senate.--It is the sense of the Senate 
        that the amount appropriated under paragraph (1) should be not 
        less than $25,000,000 for fiscal year 2013.''.

      TITLE IV--ACTIVITIES FOR HEALTH, INDEPENDENCE, AND LONGEVITY

SEC. 401. CONFORMING AMENDMENT.

    Section 417(c)(2) of the Older Americans Act of 1965 (42 U.S.C. 
3032f(c)(2)) is amended by striking ``older individuals and 
communities'' and all that follows and inserting ``communities with 
greatest need, older individuals with greatest economic need, and older 
individuals with greatest social need (with particular attention to 
individuals with factors listed in section 102(25));''.

SEC. 402. MULTIPURPOSE SENIOR CENTER MODERNIZATION, TRAINING, AND 
              SUPPORT.

    Part A of title IV of the Older Americans Act of 1965 (42 U.S.C. 
3032 et seq.) is amended by adding at the end the following:

``SEC. 423. MULTIPURPOSE SENIOR CENTER MODERNIZATION, TRAINING, AND 
              SUPPORT.

    ``(a) Program Authorized.--The Assistant Secretary shall award 
grants and enter into contracts with eligible entities to carry out 
projects to--
            ``(1) support and promote modern multipurpose senior center 
        models which yield vibrant, multiservice, multigenerational 
        centers for older individuals, families of older individuals, 
        and others in the community to gain skills, resources, and 
        connections needed to meet the challenges that occur with 
        continuum of care and quality of life;
            ``(2) build an evidence base of modern, replicable 
        practices that allow senior centers to serve a diverse array of 
        older individuals, as well as their families and other 
        caregivers, leveraging innovative partnerships and public and 
        private resources to develop and expand programs; and
            ``(3) mobilize services and leverage resources to support 
        the role of multipurpose senior centers as community focal 
        points, as provided in section 306(a)(3), and for the 
        establishment, construction, maintenance, and operation of 
        centers, as described in sections 303(c)(2) and 306(a)(1), 
        including development of intergenerational shared site models, 
        consistent with the purposes of this Act.
    ``(b) Use of Funds.--An eligible entity shall use funds made 
available under a grant awarded, or a contract entered into, under 
subsection (a) to--
            ``(1) carry out a project described in subsection (a); and
            ``(2) evaluate the project in accordance with subsection 
        (f).
    ``(c) Application.--To be eligible to receive a grant or enter into 
a contract under subsection (a), an eligible entity shall submit an 
application to the Assistant Secretary at such time, in such manner, 
and accompanied by such information as the Assistant Secretary may 
reasonably require.
    ``(d) Eligible Entity.--For purposes of this section, the term 
`eligible entity' means--
            ``(1) a multipurpose senior center that has met national 
        accreditation and fiduciary standards; and
            ``(2) a regional partnership or collaboration of 
        multipurpose senior centers or State association of senior 
        centers in which not less than 2 centers are accredited.
    ``(e) Competitive Grants for Technical Assistance.--
            ``(1) Grants.--The Assistant Secretary shall make a grant, 
        on a competitive basis, to an eligible nonprofit organization 
        described in paragraph (2), to enable the organization to--
                    ``(A) provide training and technical assistance to 
                recipients of grants under this section and other 
                multipurpose senior centers to adopt and tailor 
                evidence-based modernization strategies and practices 
                to respond to the economic and health needs of the 
                diverse and growing aging populations in their own 
                communities; and
                    ``(B) carry out other duties, as determined by the 
                Assistant Secretary.
            ``(2) Eligible nonprofit organization.--To be eligible to 
        receive a grant under this subsection, an organization shall be 
        a nonprofit organization (including a partnership of nonprofit 
        organizations), that--
                    ``(A) has experience and expertise in providing 
                technical assistance to a range of multipurpose senior 
                centers and experience evaluating and reporting on 
                programs; and
                    ``(B) has demonstrated knowledge of and expertise 
                in multipurpose senior center accreditation or other 
                standards of excellence.
            ``(3) Application.--To be eligible to receive a grant under 
        this subsection, an organization (including a partnership of 
        nonprofit organizations) shall submit an application to the 
        Assistant Secretary at such time, in such manner, and 
        containing such information as the Assistant Secretary may 
        require, including an assurance that the organization will 
        submit to the Assistant Secretary such evaluations and reports 
        as the Assistant Secretary may require.
    ``(f) Local Evaluation and Report.--
            ``(1) Evaluation.--Each entity receiving a grant or a 
        contract under subsection (a) to carry out a project described 
        in subsection (a) shall evaluate the project, leadership, and 
        resources for the modernization of multipurpose senior centers 
        to determine--
                    ``(A) the effectiveness of the project in producing 
                innovations and mobilizing resources;
                    ``(B) the impact on older individuals, families of 
                older individuals, and the community being served; and
                    ``(C) the potential for the project to be 
                replicated by other multipurpose senior centers, noting 
                the necessary resources and partnerships and the types 
                of populations and communities best suited for the 
                model.
            ``(2) Report.--The entity described in paragraph (1) shall 
        submit a report to the Assistant Secretary containing the 
        evaluation not later than 6 months after the expiration of the 
        period for which the grant or contract is in effect.
    ``(g) Report to Congress.--Not later than 6 months after the 
Assistant Secretary receives the reports described in subsection 
(f)(2), the Assistant Secretary shall prepare and submit to Congress a 
report that assesses the evaluations and includes, at a minimum--
            ``(1) a description of the nature and operation of the 
        projects funded under this section and other activities 
        conducted in support of such projects;
            ``(2) the findings resulting from the evaluations of the 
        model projects conducted under this section;
            ``(3) a description of recommended best practices of modern 
        multipurpose senior centers;
            ``(4) a strategy for disseminating the findings resulting 
        from the projects described in paragraph (1); and
            ``(5) recommendations for legislative or administrative 
        action, as the Assistant Secretary determines appropriate.''.

            TITLE V--COMMUNITY SERVICE SENIOR OPPORTUNITIES

SEC. 501. OLDER AMERICAN COMMUNITY SERVICE EMPLOYMENT PROGRAM.

    Section 502 of the Older Americans Act of 1965 (42 U.S.C. 3056) is 
amended--
            (1) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) in the matter preceding subparagraph 
                        (A), in the first sentence, by inserting after 
                        ``nonprofit private agencies and 
                        organizations'' the following: ``(which 
                        nonprofit organizations may include eligible 
                        technology organizations)'';
                            (ii) in subparagraph (E), by striking 
                        ``support for children,'' and inserting 
                        ``support for adults, children,'';
                            (iii) in subparagraph (M), by striking 
                        ``and eligible individuals with greatest 
                        economic need'' and inserting ``eligible 
                        individuals with disabilities, eligible 
                        individuals with greatest economic need, and 
                        eligible individuals with greatest social 
                        need'';
                            (iv) in subparagraph (Q), by striking 
                        ``and'' at the end;
                            (v) in subparagraph (R), by striking the 
                        period and inserting ``; and''; and
                            (vi) by adding at the end the following:
                    ``(S) will, to the maximum extent practicable, 
                achieve the goal described in paragraph (4).''; and
                    (B) by adding at the end the following:
            ``(4) Placement goal.--
                    ``(A) Goal.--In order to maximize the number of 
                older individuals being served, each grantee under this 
                title shall, to the maximum extent practicable, achieve 
                a goal, referred to paragraph (1)(S), of placing not 
                less than 50 percent of the participants in the 
                grantee's project in positions with organizations that 
                assist older adults or in positions with duties that 
                positively impact the lives of older adults.
                    ``(B) Contracts with service providers.--In order 
                to achieve the goal described in subparagraph (A), each 
                such grantee shall enter into a contract or memorandum 
                of understanding with--
                            ``(i) entities from 2 or more categories of 
                        entities, which categories shall consist of--
                                    ``(I) the State Long-Term Care 
                                Ombudsman selected in accordance in 
                                section 712;
                                    ``(II) an area agency on aging;
                                    ``(III) a multipurpose senior 
                                center;
                                    ``(IV) a contractor providing a 
                                system of support services under part E 
                                of title III; and
                                    ``(V) a transportation service 
                                provider; or
                            ``(ii) an entity approved by the Assistant 
                        Secretary, and the Secretary of Labor.''; and
            (2) in subsection (e)(2)--
                    (A) in subparagraph (E), by striking ``and'' at the 
                end;
                    (B) in subparagraph (F), by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(G) a project carried, out by an eligible 
                technology organization, that will focus on the 
                provision to eligible individuals of--
                            ``(i) basic and intermediate computer 
                        skills;
                            ``(ii) Internet skills;
                            ``(iii) e-mail skills;
                            ``(iv) word processing and spreadsheet 
                        skills;
                            ``(v) presentation software skills; and
                            ``(vi) any other key skills appropriate for 
                        assisting eligible individuals in entering or 
                        re-entering the workforce.''.

SEC. 502. STATE PLAN.

    Section 503(a)(4)(C) of the Older Americans Act of 1965 (42 U.S.C. 
3056a(a)(4)(C)) is amended by striking clauses (i) through (iv) and 
inserting the following:
                            ``(i) minority and Indian eligible 
                        individuals;
                            ``(ii) eligible individuals with limited 
                        English proficiency;
                            ``(iii) eligible individuals with 
                        disabilities;
                            ``(iv) eligible individuals with greatest 
                        economic need; and
                            ``(v) eligible individuals with greatest 
                        social need;''.

SEC. 503. DISTRIBUTION OF ASSISTANCE.

    Section 506 of the Older Americans Act of 1965 (42 U.S.C. 3056d) is 
amended--
            (1) in subsection (c)--
                    (A) in paragraph (1), by striking ``2000'' in the 
                paragraph heading and inserting ``2010'';
                    (B) in paragraph (1)(A), by striking ``2000'' each 
                place it appears and inserting ``2010''; and
                    (C) in paragraph (2), by striking ``2000'' in the 
                paragraph heading and inserting ``2010'';
            (2) in subsections (d) and (e), by striking ``2000'' each 
        place it appears and inserting ``2010''; and
            (3) in subsection (g)(2)--
                    (A) by striking ``2000'' in the paragraph heading 
                and inserting ``2010''; and
                    (B) by striking ``2000'' each place it appears and 
                inserting ``2010''.

SEC. 504. INTERAGENCY COOPERATION.

    Section 514 of the Older Americans Act of 1965 (42 U.S.C. 3056l) is 
amended--
            (1) in subsection (c)(1), by striking ``individuals with 
        greatest economic need, individuals with greatest social 
        need,'' and inserting ``individuals with greatest economic 
        need, individuals with greatest social need (with particular 
        attention to individuals with factors listed in section 
        102(25)),''; and
            (2) in subsection (e)(1), by striking ``minority'' and all 
        that follows through ``economic need,'' and inserting 
        ``individuals with greatest economic need, individuals with 
        greatest social need,''.

SEC. 505. AUTHORIZATION OF APPROPRIATIONS.

    Section 517(a) of the Older Americans Act of 1965 (42 U.S.C. 
3056o(a)) is amended to read as follows:
    ``(a) Authorization.--
            ``(1) In general.--There are authorized to be appropriated 
        to carry out this title such sums as may be necessary for 
        fiscal years 2013, 2014, 2015, 2016, and 2017.
            ``(2) Sense of the senate.--It is the sense of the Senate 
        that the amount appropriated under paragraph (1) should not be 
        less than $660,000,000 for fiscal year 2013.''.

SEC. 506. DEFINITIONS.

    Section 518(a) of the Older Americans Act of 1965 (42 U.S.C. 
3056p(a)) is amended by adding at the end the following:
            ``(9) Eligible technology organization.--The term `eligible 
        technology organization' includes a nonprofit organization 
        that--
                    ``(A) has developed a research-based curriculum 
                specifically designated to help older adults improve 
                their technology skills, such as a curriculum developed 
                through a Broadband Technology Opportunities Program or 
                a Technology Opportunities Program of the Department of 
                Commerce; or
                    ``(B) is an eligible provider of training services 
                identified under section 122 of the Workforce 
                Investment Act of 1998 (29 U.S.C. 2842).''.

SEC. 507. STUDY ON FEASIBILITY OF TRANSFER OF PROGRAM.

    (a) Study.--The Assistant Secretary for Aging of the Department of 
Health and Human Services, and the Secretary of Labor, shall study the 
feasibility of transferring the program carried out under title V of 
the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.) to the 
Administration on Aging.
    (b) Report.--Not later than 2 years after the date of enactment of 
this Act, the Assistant Secretary and the Secretary shall submit a 
report containing the results of the study to the appropriate 
committees of Congress.

        TITLE VI--VULNERABLE ELDER RIGHTS PROTECTION ACTIVITIES

SEC. 601. AUTHORIZATION OF APPROPRIATIONS FOR OMBUDSMAN PROGRAM.

    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 and inserting ``, such sums as may be necessary 
        for fiscal years 2013, 2014, 2015, 2016, and 2017.''; and
            (2) by adding at the end the following:
    ``(d) Sense of Congress.--It is the sense of Congress that, in 
order to carry out chapter 2 (relating to Ombudsman programs), the 
amount appropriated under subsection (a) should be not less than 
$25,500,000 for fiscal year 2013.''.

SEC. 602. DEFINITIONS.

    Section 711(6) of the Older Americans Act of 1965 (42 U.S.C. 
3058f(6)) is amended by striking ``older individual'' and inserting 
``individual''.

SEC. 603. STATE LONG-TERM CARE OMBUDSMAN PROGRAM.

    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 (D), by striking 
                        ``regular and timely'' and inserting ``regular, 
                        timely, private, and unimpeded''; and
                            (ii) in subparagraph (H)(iii), by striking 
                        ``provide technical support for'' and inserting 
                        ``actively encourage and assist in'';
                    (C) in paragraph (4)--
                            (i) in the paragraph header, by striking 
                        ``Contracts and arrangements'' and inserting 
                        ``Organizational placement''; and
                            (ii) by striking subparagraph (B) and 
                        inserting the following:
                    ``(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 unless such 
                        conflict 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) Reporting by any person or entity.--
                        Any person or entity may identify any potential 
                        or actual organizational conflict of interest 
                        involving the Office and report the conflict to 
                        the Assistant Secretary for review and action 
                        under clause (iii).
                            ``(iii) Action by administration.--In a 
                        case in which a potential or actual 
                        organizational conflict of interest involving 
                        the Office is disclosed or reported to the 
                        Assistant Secretary, the Assistant Secretary 
                        shall require that the State agency--
                                    ``(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 paragraph (3).
                    ``(C) Organizational conflict of interest.--In this 
                paragraph, the term `organizational conflict of 
                interest' includes placement of the Office in an 
                organization that--
                            ``(i) is responsible for licensing or 
                        certifying 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 (c) or (b) of 1915 of the Social 
                        Security Act (42 U.S.C. 1396n), or under a 
                        Medicaid State plan amendment under subsection 
                        (i) of section 1915 of the Social Security Act 
                        (42 U.S.C. 1396n(i));
                            ``(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 Medicare program carried 
                        out under title XVIII, or the Medicaid program 
                        carried out under title XIX, of the Social 
                        Security Act (42 U.S.C. 1395 et seq., 1396 et 
                        seq.);
                            ``(viii) conducts preadmission screening 
                        for placements in facilities described in 
                        clause (ii); or
                            ``(ix) makes decisions regarding admission 
                        of individuals to such facilities.''; and
                    (D) in paragraph (5)--
                            (i) in subparagraph (A)--
                                    (I) by striking ``In carrying'' and 
                                inserting the following:
                            ``(i) In general.--In carrying''; and
                                    (II) by adding at the end the 
                                following:
                            ``(ii) Relationship with the office.--The 
                        program shall be a unified program under the 
                        Office. Local Ombudsman entities and 
                        representatives shall report to the Ombudsman 
                        on all functions, duties, and programmatic 
                        issues related to the program that are carried 
                        out or addressed by the entities or 
                        representatives. Case and other programmatic 
                        records maintained by representatives, 
                        employees, or volunteers of the local Ombudsman 
                        entity shall be considered to be the property 
                        of the Ombudsman.''; and
                            (ii) in subparagraph (B)(vi), by striking 
                        ``support'' and inserting ``actively encourage 
                        and assist in'';
            (2) in subsection (b)--
                    (A) in paragraph (1)(B)(i), by striking ``the 
                medical and social records of a'' and inserting ``all 
                records concerning a''; and
                    (B) by adding at the end the following:
    ``(3) 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) are otherwise met.'';
            (3) in subsection (d)--
                    (A) in paragraph (1), by striking ``files'' and 
                inserting ``information''; and
                    (B) in paragraph (2)--
                            (i) in the paragraph heading, by striking 
                        ``Identity of complainant or resident'' and 
                        inserting ``Procedures'';
                            (ii) in subparagraph (A)--
                                    (I) by striking ``files and 
                                records'' each place it appears and 
                                inserting ``information''; and
                                    (II) by striking ``and'' at the 
                                end;
                            (iii) in subparagraph (B)--
                                    (I) in the matter preceding clause 
                                (i), by striking ``files and records'' 
                                and inserting ``information''; and
                                    (II) in clause (iii), by striking 
                                the period and inserting ``; and''; and
                            (iv) by adding at the end the following:
                    ``(C) require that the Ombudsman and 
                representatives of the Office hold all communications 
                with a complainant or resident who is seeking 
                assistance in strict confidence and take all reasonable 
                steps to safeguard the confidentiality of information 
                provided by the complainant or resident.'';
            (4) in subsection (f)(3)--
                    (A) in subparagraph (C), by striking ``facility; 
                and'' and inserting ``or a related organization, and 
                has not been employed by such a facility or 
                organization within 2 years before the date of the 
                determination involved;'';
                    (B) in subparagraph (D), by striking ``and'' at the 
                end; and
                    (C) by adding at the end the following:
                    ``(E) does not have management responsibility for, 
                nor operate under the supervision of, an agency with 
                responsibility for adult protective services; and
                    ``(F) 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); and''; and
            (5) in subsection (h)--
                    (A) by redesignating paragraphs (4) through (9) as 
                paragraphs (5) through (10), respectively;
                    (B) by inserting after paragraph (3) the following:
            ``(4) ensure that the Ombudsman attends training provided 
        by the Administration through the National Ombudsman Resource 
        Center established in section 202(a)(18);''; and
                    (C) in paragraph (10), as redesignated by 
                subparagraph (A) of this paragraph, by striking ``(6), 
                or (7)'' and inserting ``(7), or (8)''.

SEC. 604. STATE LEGAL ASSISTANCE DEVELOPMENT.

    Section 731 of the Older Americans Act of 1965 (42 U.S.C. 3058j) is 
amended by striking ``A State agency'' and all that follows through 
``to ensure--'' and inserting the following:
    ``(a) State Legal Services Developer.--A State agency shall provide 
the services of an individual who shall be known as a State legal 
services developer, who shall promote, and may facilitate, the 
development and operation of an integrated legal assistance delivery 
system for the State. To the maximum extent practicable, the individual 
selected to serve as the developer shall--
            ``(1) agree to serve as the developer on a full-time basis;
            ``(2) have a law degree from an accredited law school or 
        have been admitted to practice law in any jurisdiction in the 
        United States; and
            ``(3) possess other knowledge, skills, training, and 
        education that reflect a comprehensive understanding of legal 
        services for older individuals.
    ``(b) Other Personnel.--In addition to the State legal services 
developer, the State agency shall provide the services of other 
personnel, sufficient to ensure--''.
                                 <all>