[Congressional Record Volume 162, Number 44 (Monday, March 21, 2016)]
[House]
[Pages H1472-H1480]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
OLDER AMERICANS ACT REAUTHORIZATION ACT OF 2015
Mr. CURBELO of Florida. Mr. Speaker, I move to suspend the rules and
pass the bill (S. 192) to reauthorize the Older Americans Act of 1965,
and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
S. 192
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).
[[Page H1473]]
(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)--
[[Page H1474]]
(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);
[[Page H1475]]
(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.'';
[[Page H1476]]
(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''.
[[Page H1477]]
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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Florida (Mr. Curbelo) and the gentlewoman from Oregon (Ms. Bonamici)
each will control 20 minutes.
The Chair recognizes the gentleman from Florida.
General Leave
Mr. CURBELO of Florida. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days in which to revise and extend their
remarks and include extraneous material on S. 192.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Florida?
There was no objection.
Mr. CURBELO of Florida. Mr. Speaker, I yield myself such time as I
may consume.
I rise today in strong support of S. 192, the Older Americans Act
Reauthorization Act of 2015.
Mr. Speaker, for decades, the Older Americans Act has been a vital
resource for the Nation's seniors. It established and has sustained a
number of services, including nutrition services, family caregiver
support, community service employment, and elder abuse prevention.
These and other services have allowed seniors to stay active and
independent. They have helped them live healthy, independent lives in
their homes and their communities, and in many cases, they have enabled
older Americans to remain out of institutional care.
This bill updates and improves the law to ensure it continues to
serve a senior population that has changed significantly since the
Older Americans Act was first enacted more than 50 years ago.
One of the hallmarks of the original law--and something that this
reauthorization maintains and strengthens--is the flexibility it
provides States and local entities to serve the specific needs of
seniors in their communities. This bipartisan legislation maintains
that strong commitment to State and local control and makes a number of
commonsense reforms to the law.
For example, the bill includes specific measures to better protect
seniors from abuse and neglect. Among those measures is a provision to
strengthen a program designed to investigate and resolve complaints
from residents of nursing home facilities and other adult care homes.
It also clarifies responsibilities related to the development and
implementation of programs related to the health and economic welfare
of older individuals.
The bill also continues support for Senior Medicare Patrol, a program
that helps train senior volunteers to prevent and identify healthcare
fraud and abuse. Congress should continue to fund this important
initiative because it is good for seniors and it helps save taxpayer
dollars by protecting the integrity of healthcare programs.
Additionally, this legislation improves alignment between existing
programs designed to provide employment and community service
opportunities to older Americans. It simplifies and clarifies how
services are funded and includes responsible and defined authorization
levels.
These are just a few of the important changes and updates this bill
makes, in addition to the many vital services it continues, to help
seniors age with dignity and independence.
I urge my colleagues to support the reauthorization of the Older
Americans Act.
I reserve the balance of my time.
Ms. BONAMICI. Mr. Speaker, I yield myself such time as I may consume.
I want to start by thanking Chairman Kline and Ranking Member Scott
for working to bring this important legislation to the floor today.
Reauthorizing the Older Americans Act has been one of my top
priorities. Over the years, I have sponsored legislation to strengthen
essential programs that help keep seniors healthy and independent.
Seniors in Oregon and across the country know how important the Older
Americans Act programs are, so I have met with them to discuss ideas
for improving the law, and I have advocated for funding for Older
Americans Act programs and services.
All along, my colleagues on both sides of the aisle have been
committed to reauthorizing this important law.
On behalf of seniors across the country, I thank my colleagues for
their support for this legislation before the House--a 3-year
reauthorization of the Older Americans Act.
I also want to thank the advocacy community and service delivery
groups for their ongoing support for a strong, bipartisan
reauthorization. Backing from a wide range of groups that are dedicated
to the well-being of America's seniors helped make possible the
legislation we are considering today.
Every day in our country, about 10,000 people turn 65. As the
population of older adults continues to grow, we have a responsibility,
as policymakers, to reevaluate and bolster the programs that keep
seniors healthy, active, and engaged in their communities. The
legislation we are considering will help older Americans from all
backgrounds lead meaningful lives with dignity by continuing to support
the delivery of health, transportation, and nutrition services to
seniors in every State.
This legislation includes modest increases in authorization levels,
building on the amounts appropriated in the Fiscal Year 2016 Omnibus
Appropriations Act. Investments for currently funded Older Americans
Act programs are overdue and will help meet the growing demand placed
on these programs and services.
Increasing investments in programs like Meals on Wheels, which serves
thousands of seniors, many of whom are homebound or low-income, will
allow more adults to stay in their homes, where they can remain
connected to their communities and avoid costlier long-term care.
For many adults, the hot meal they get from Meals on Wheels is the
only one they will get that day. The volunteers who deliver the meal
may provide their only social interaction, which is important for all
seniors, but especially for those in isolated or rural areas.
Significantly, this legislation provides tools to curb both financial
and physical elder abuse by promoting proven strategies for responding
to elder abuse, neglect, and exploitation.
According to the Elder Justice Coalition, there are more than 6
million victims of elder abuse every year--roughly 1 out of every 10
people over age 60. According to the National Center on Elder Abuse,
victims of elder financial abuse lose an estimated $2.9 billion a year,
and too often they lose their entire life savings. I am pleased that
this legislation continues to address the problem of elder abuse and
takes steps to make sure older adults are not robbed of their resources
or denied the dignity they deserve.
In addition, my colleague from Florida has expressed support for the
Senior Medicare Patrol, a program that helps train senior volunteers to
prevent and identify healthcare fraud and
[[Page H1478]]
abuse. I want to reiterate support for this program and note that the
Education and the Workforce Committee supports full funding for this
important initiative, which should not come at the expense of funding
other programs.
The Senior Medicare Patrol saves taxpayer dollars by protecting the
integrity of healthcare programs. The return on investment for Older
Americans Act programs is undeniable, and this is certainly the case
for Senior Medicare Patrol as well.
Americans are living longer, more productive lives, and our policies
need to keep pace. Older adults should not have to struggle to afford
reliable transportation, nutritious food, and high-quality supportive
services. Congress will need to continue to invest in and modernize
services for seniors so all older adults, including LGBT elders and
older individuals from diverse racial and ethnic backgrounds, have
access to programs that keep them healthy and engaged in their
communities.
This legislation is an important step forward. I am glad that
Congress is coming together today with bipartisan support to recognize
the valuable role that Older Americans Act programs play across the
country. These programs work. Reauthorizing them means that America's
seniors and their caregivers will continue to receive the services,
resources, and support they need.
Mr. Speaker, the reauthorization we are considering today is an
important way to recognize that in the United States of America, our
seniors--our parents and grandparents across the country--deserve to
live healthy, fulfilling lives and live them with dignity.
I, again, thank Ranking Member Scott and Chairman Kline for their
leadership. I also want to thank the hardworking staff on both sides of
the aisle for their dedication to improving the lives of all Americans.
I reserve the balance of my time.
Mr. CURBELO of Florida. Mr. Speaker, I yield 4 minutes to the
gentleman from Minnesota (Mr. Kline), the distinguished chairman of the
Committee on Education and the Workforce, who has worked tirelessly on
this reauthorization.
Mr. KLINE. Mr. Speaker, I thank the gentleman for yielding the time.
I rise today in strong support of this legislation reauthorizing the
Older Americans Act.
Since it was first enacted, this act has been a vital resource for
America's seniors and their caregivers. Through a wide range of
services, it has helped older individuals enjoy their independence and
stay active, both in their homes and in their communities.
However, much has changed in the last 50 years. Today, Americans are
living longer, and the senior population is significantly larger and
more independent than it once was. What hasn't changed is the
responsibility we have to take care of our seniors. That is why, in
addition to continuing the vital support established by the Older
Americans Act, this reauthorization makes a number of important
improvements to ensure the law is still providing the kind of help
American seniors need.
First, it provides better protections for our most vulnerable
seniors. The bill promotes best practices for responding to abuse,
neglect, and exploitation, strengthens protections for all residents of
long-term care facilities, and improves the coordination of activities
between State and local aging offices.
Other important updates include measures to streamline and improve
how the programs under the law are administered. Too often taxpayer
dollars go to programs that are outdated, ineffective, or simply not
being used as they could be. That is why this bill streamlines programs
and makes improvements to ensure program coordination and efficiency.
The legislation also makes changes to nutrition services programs to
account for geographic changes in the senior population.
Furthermore, the bill better aligns job training services for older
Americans with the broader workforce development system. In 2014,
Congress passed the Workforce Innovation and Opportunity Act to provide
a more efficient, streamlined workforce training system that would help
put Americans back to work. This legislation builds on that law by
providing seniors access to a less confusing and more seamless
workforce development system.
These are just some of the things this bill does to better serve
those individuals the law is intended to support. We have made a
commitment to help those who want and deserve to enjoy independence and
contribute to their communities as they grow older. This bill will help
ensure that we are not only honoring that commitment, but that we are
honoring it well.
In closing, I want to thank my colleagues--Representatives Carlos
Curbelo, Virginia Foxx, Suzanne Bonamici, and Ruben Hinojosa--for their
continued leadership on this issue and in helping move this important
piece of legislation forward. We are grateful for their efforts.
I urge my colleagues to support the legislation.
Ms. BONAMICI. Mr. Speaker, I yield 4 minutes to the gentleman from
Virginia (Mr. Scott), the ranking member of the Committee on Education
and the Workforce.
Mr. SCOTT of Virginia. Mr. Speaker, I rise in support of the
legislation today, which provides for a 3-year reauthorization of the
Older Americans Act.
Mr. Speaker, the Committee on Education and the Workforce has been
committed to seeing this legislation through. I want to particularly
thank, on our side, the ranking member of the subcommittee, Mr.
Hinojosa, and Representative Bonamici. I want to thank them and
Chairman Kline, Representative Curbelo, and all of the members of our
committee, for making the passage of this bill a reality.
As ranking member of the Committee on Education and the Workforce, I
have the privilege of working on legislation that affects Americans
throughout their lives, from childhood into advanced age. The Older
Americans Act was first passed 50 years ago as part of President
Johnson's War on Poverty to help older Americans live in dignity and
stay connected to their communities by receiving essential social and
nutrition services.
{time} 1630
Today, the commitment to our Nation's seniors is more important than
ever. One in 10 Americans over the age of 65 lives in poverty, and
older Americans are also working longer--some because they want to but
many because they have to so that they can secure their financial
futures in the face of retirement insecurity. The spectrum of services
provided through the Older Americans Act, in conjunction with Medicare,
Medicaid, and Social Security, ensures that our Nation's older
Americans are not left behind in their golden years.
The Pew Research Center reports that the elderly population is
expected to double by 2015, and without meaningful investments in
services for our seniors, too many Americans who have worked hard all
of their lives will be left struggling in their later years.
Unfortunately, since 2009, the Older Americans Act's funding has
actually dropped. Failing to invest in the Older Americans Act is bad
for seniors, and it is bad for our country. Providing our seniors with
health services, nutrition, and the supportive services they need makes
them less likely to suffer illness or injury, less likely to incur
expensive hospital visits, and more likely to live independently. These
investments bring dignity to the lives of our seniors, and they,
ultimately, will result in a significant savings to taxpayers.
I am proud that we were able to agree on increased funding for these
important programs. Had our investments in these programs kept up with
inflation and the growing population, the funding levels would have
actually been higher, but, thankfully, we can finally say that we are
moving in the right direction.
Vice President Hubert Humphrey once stated that the moral test of
government is how that government treats those who are in the dawn of
life, our children; those who are in the twilight of life, our elderly;
and those who are in the shadows of life. It is my hope that, by
protecting and enhancing the Federal statutes to support our older
Americans, we will be passing this test.
Again, I thank my colleagues for their support of this legislation.
Mr. CURBELO of Florida. Mr. Speaker, I reserve the balance of my
time.
[[Page H1479]]
Ms. BONAMICI. Mr. Speaker, I yield 3 minutes to the gentleman from
the great State of Oregon (Mr. DeFazio).
Mr. DeFAZIO. I thank the gentlewoman for yielding and for her work,
and thank the subcommittee chair and chair regarding this issue.
Mr. Speaker, I might be the only Member of Congress who has ever
worked under the Older Americans Act. Another young man and I--
obviously, many years ago--started the first Senior Companion Program
in region 6, the Pacific Northwest.
These employment programs are fabulous. There are two things that we
need to keep in mind for seniors. The first is the vulnerability of
many: the economic vulnerability, the nutritional vulnerability, their
medical vulnerability, and the needs that have to be served there. The
other is that a lot of people are retired--over the age of 60--who
still have a tremendous amount to contribute to this country.
Through the Older Americans Act and these Senior Community Service
Employment Programs, we are, actually, utilizing their talents. The
particular program I ran employed 60 low-income seniors to go out and
work in the community with other even more vulnerable seniors, who were
in their homes, in order to try and keep them in their homes, to keep
them independent--a better quality of life for them and a heck of a
savings for the taxpayer--because nobody can afford nursing homes in
America except the richest among us. Inevitably, when seniors have to
go into nursing homes, they are going to end up on Medicaid at some
point, which is very expensive. So, if we can keep them at home, they
are happier, and we save money.
On the other vulnerabilities, nutritional vulnerability is the
largest bulk. The single largest category under the Older Americans Act
goes to the nutrition programs, which are the senior Congregate Meal
sites and the Meals on Wheels. I would urge anybody who is not
particularly familiar with these programs to go to one or the other and
see how important this is to so many millions of older Americans every
year. Often, the only time they will see other people in a day is if
they are at the senior Congregate Meal sites or if they are at home and
someone shows up with Meals on Wheels. I have delivered Meals on Wheels
and have seen seniors, basically, just cry to be getting a little bit
of attention at home and getting a meal that will get them through the
day.
The SPEAKER pro tempore. The time of the gentleman has expired.
Ms. BONAMICI. I yield the gentleman an additional 30 seconds.
Mr. DeFAZIO. It is wonderful that we are reauthorizing this, but the
funding levels are inadequate. If you look at it over time, the senior
population has grown dramatically, and those in need have grown
dramatically; yet the funding, if you look back 10 years or so, in
adjusted dollars, is actually less today. It is great we are
reauthorizing it, but we do need to look for more funding.
Mr. CURBELO of Florida. Mr. Speaker, I reserve the balance of my
time.
Ms. BONAMICI. Mr. Speaker, I yield 2 minutes to the gentleman from
California (Mr. Peters).
Mr. PETERS. Mr. Speaker, in San Diego and across the country, seniors
depend on the programs for health care, for meals, and for other
essential services that are included in the Older Americans Act. These
programs help ensure that our seniors age successfully and with
dignity.
Serving Seniors, which is here today from San Diego to support the
reauthorization of the Older Americans Act, will be able to continue to
provide meals and other services to seniors at the Gary and Mary West
Center. Meals-on-Wheels of Greater San Diego will have the certainty
that it needs to keep delivering meals to seniors in their homes, and
the County of San Diego will have more resources and information to
combat elder abuse.
Together, we will continue to hold senior scam seminars in San Diego
to equip members of our senior community with the tools they need to
avoid being scammed. For many seniors, an important part of aging with
dignity is having the support of caregivers in their families.
Improving the National Family Caregiver Support Program will continue
to give these caregivers a network of information and services to care
for their loved ones.
As an active member of the House Seniors Task Force, I am committed
to protecting the viability of Medicare and Social Security, which
seniors have earned over lifetimes of hard work. By preventing Medicare
fraud and abuse, this legislation will save on long-term costs and help
keep Medicare viable.
I urge my colleagues to stand up for seniors and support the passage
of the bipartisan Older Americans Act. I thank leadership on both sides
of the aisle for working on this.
Mr. CURBELO of Florida. Mr. Speaker, I reserve the balance of my
time.
Ms. BONAMICI. Mr. Speaker, I yield myself the balance of my time.
In the United States, its population of older adults is projected to
increase from approximately 57 million people, who were aged 60 and
older in 2010, to about 76 million older adults by our next census in
2020. Despite the rapid rise in the population of seniors and the
growing strain that has been placed on important services for older
individuals, Congress allowed the Older Americans Act to expire in
2011. Fortunately, today, the House has the opportunity to pass a
reauthorization of the Older Americans Act, and it is not a moment too
soon.
This legislation increases the Federal investment in Older Americans
Act programs, which serve millions of seniors in towns, in cities, and
in rural areas across the United States. Reauthorizing these programs
means that older adults will continue to receive nutritious meals,
legal assistance, preventative health care, and other essential
services that make it possible for them to live independently and to
age with dignity.
I agree with my colleague from Oregon (Mr. DeFazio) that, if one
hasn't been to one of these programs, one should definitely go and
spend some time with the people who are receiving these services. It is
very meaningful. It changes their lives.
I also thank my friend and colleague from Florida (Mr. Curbelo) as
well as Ranking Member Scott and Chairman Kline for their commitment to
America's seniors.
I ask all of my colleagues to join me in supporting this bipartisan
measure to reauthorize the Older Americans Act.
Mr. Speaker, I yield back the balance of my time.
Mr. CURBELO of Florida. Mr. Speaker, I yield myself the balance of my
time.
The important services that are provided by the Older Americans Act
help us to achieve a goal that we can all get behind--that of
supporting the country's seniors in helping them maintain the active,
productive lives they desire. As I see it, that is not just a goal--it
is our responsibility. The seniors we are talking about are veterans,
parents, grandparents, teachers, caregivers, laborers, job creators.
They are individuals who have worked hard all of their lives, who have
helped this country grow and expand, and who, in a lot of ways, have
supported many of us throughout our own lives.
It is now on us to help support them in their senior years. This
reauthorization will do just that, which is why it has support from
Members on both sides of the aisle and from nearly 50 groups, including
the AARP, the National Association of Area Agencies on Aging, Meals on
Wheels America, and the National Association of States United for Aging
and Disabilities.
It will enable older Americans to remain independent, to continue
contributing to their communities, and to remain in their homes with
their families and among their friends. Many seniors are fortunate
enough to have loved ones who are already helping them stay active and
who are already looking out for their best interests. Unfortunately,
there are many seniors who are not so fortunate. This bipartisan bill
will help those individuals live out their years with dignity whether
they are in their homes or in long-term care facilities. I believe that
is an effort we can all support.
I thank Chairman Kline, Ranking Member Scott, and my friend and
colleague from Oregon (Ms. Bonamici). This is a wonderful model for
bipartisan work--for working together--to help vulnerable people in our
country.
Mr. Speaker, I yield back the balance of my time.
Mr. SMITH of New Jersey. Mr. Speaker, I rise today in support of the
House Amendment
[[Page H1480]]
to S. 192, the Older Americans Act Reauthorization Act of 2015. It has
been nearly ten years since Congress last reauthorized the Older
Americans Act (OAA), making today's amendment and the reforms in the
underlying bill long overdue.
Last year marked the 50th Anniversary of the OAA and its many social
services and programs that continue to provide a critical safety net
for seniors around the country. This includes supportive services,
nutrition services--whether at group sites or home-delivered programs
such as ``meals on wheels''--family caregiver support, community
service employment, and services to protect seniors from and prevent
abuse, neglect, and exploitation.
In New Jersey, the Department of Human Services Division of Aging
Services uses OAA funds to serve more than 500,000 individuals. From
2000 to 2010, New Jersey saw a 15 percent increase in individuals age
60 and older, representing 19 percent of the state population. By 2030,
it is projected that those 60 and older will represent over 25 percent
of the state population, making OAA services and programs more critical
than ever.
Among many reforms, S. 192 contains provisions to reduce elder abuse,
neglect, and exploitation in long term facilities, improve federal
collaboration with state and local agencies and service providers on
the modernization of senior centers, and improve care coordination for
those with multiple chronic conditions with services through health
care entities such as Federally Qualified Health Centers (FQHCs).
It reforms funding allocations to ensure that money follows the
person, helping maximize the number of seniors reached by the OAA's
services and programs. It permits state grant programs to begin
providing support services for chronic condition self-care management
and falls prevention. It also requires states to utilize a dietician in
its nutrition projects and encourage the use of locally grown foods--as
well as partnerships and contracts with local producers and providers--
in meal programs.
The ad-hoc means of funding these programs over the last several
years has made them less secure and efficient. As our population ages,
it is imperative that we preserve access to these and other services
that enable senior citizens to live healthy and productive lives, and
give seniors the security and confidence they need when planning for
their future medical care and financial security. Today's vote will
protect and improve OAA's vital programs to assist and protect older
Americans, allowing them to maintain their independence and quality of
life during retirement.
Ms. JACKSON LEE. Mr. Speaker, I rise in strong support of S. 192, the
``Older Americans Act Reauthorization Act of 2015,'' which amends the
Older Americans Act of 1965 (OAA), to require the Director of the
Office of Long-Term Care Ombudsman Programs to collect and analyze best
practices to prevent and respond to elder abuse, neglect, and
exploitation in long-term care facilities, and to publish a report to
document best practices to achieve these goals.
S. 192 also requires the administration to provide information and
technical assistance to State and local agencies on aging as well as
service providers.
S. 192 also mandates the development of 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
of older individuals.
S. 192 directs the administration to ensure that programs authorized
under the OAA include training in the prevention of abuse, neglect, and
exploitation and provision of services that address elder justice and
exploitation of older individuals.
S. 192 also reauthorizes appropriations for specified supportive
services, congregate nutrition services, home delivered nutrition
services, disease prevention, health promotion services, and family
caregiver support.
Mr. Speaker, S. 192 will increase public awareness of elder abuse,
neglect, and exploitation, and remove barriers to education,
prevention, investigation, and treatment of elder abuse, neglect, and
exploitation.
Mr. Speaker, it has been noted often that the moral test of
government is how it treats those in the dawn of life, our children;
those in the shadows of life, the sick and infirm; and those in the
twilight of life, the elderly.
I urge my colleagues to support S. 192 because it makes a significant
contribution to meeting our obligations to our senior citizens who have
done so much to make our country great.
Mr. HINOJOSA. Mr. Speaker, I rise today in strong support of the
House amendment to S. 192, Older Americans Act Reauthorization Act of
2015, which passed by unanimous consent in the Senate. I commend my
chairman, Mr. Kline, and Ranking Member Scott for their leadership and
bringing this bill to the floor.
Mr. Speaker, about one (1) in every seven (7) Americans or 14 percent
of the population is considered an ``Older American''--aged 65 or
older. As more ``baby boomers'' enter retirement, it is critical for
Congress to update this law as the major vehicle for the delivery of
social and nutritional programs for older persons and their
caregivers--and to help seniors maintain their independence and
dignity.
According to a national survey of Older Americans Act participants,
91 percent indicated that the home-delivery nutrition program helped
them stay in their own home. Additionally, 60 percent of participants
indicated that a single home-delivered meal provided one-half or more
of their total food for the day.
In my Congressional District, access to these transportation services
is sometimes the only way our seniors can go to the doctor's office or
to the grocery store. I am pleased that this bill also provides
community service employment, adult day care, respite care,
transportation services, legal assistance, long-term care and a range
of programs protecting the rights of vulnerable seniors from fraud and
exploitation.
For these reasons, Mr. Speaker, I strongly urge my colleagues on both
sides of the aisle to vote for the House amendment to S. 192. America's
seniors deserve nothing less.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Florida (Mr. Curbelo) that the House suspend the rules
and pass the bill, S. 192, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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