[House Report 116-258]
[From the U.S. Government Publishing Office]


116th Congress }                                            { Report
                        HOUSE OF REPRESENTATIVES
 1st Session   }                                            { 116-258

======================================================================



 
                      DIGNITY IN AGING ACT OF 2019

                                _______
                                

October 28, 2019.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

   Mr. Scott of Virginia, from the Committee on Education and Labor, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 4334]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Education and Labor, to whom was referred 
the bill (H.R. 4334) to amend the Older Americans Act of 1965 
to authorize appropriations for fiscal years 2020 through 2024, 
and for other purposes, having considered the same, report 
favorably thereon with an amendment and recommend that the bill 
as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................    16
Committee Action.................................................    17
Committee Views..................................................    20
Section-by-Section Analysis......................................    29
Explanation of Amendments........................................    34
Application of Law to the Legislative Branch.....................    34
Unfunded Mandate Statement.......................................    34
Earmark Statement................................................    34
Roll Call Votes..................................................    34
Statement of Performance Goals and Objectives....................    34
Duplication of Federal Programs..................................    35
Hearings.........................................................    35
Statement of Oversight Findings and Recommendations of the 
  Committee......................................................    35
New Budget Authority and CBO Cost Estimate.......................    35
Committee Cost Estimate..........................................    37
Changes in Existing Law Made by the Bill, as Reported............    37

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Dignity in Aging Act 
of 2019''.
  (b) Table of Contents.--The table of contents of this Act is the 
following:

Sec. 1. Short title; table of contents.

 TITLE I--ENSURING COLLABORATION AND PROMOTING INDEPENDENCE FOR OLDER 
                              INDIVIDUALS

Sec. 101. Person-centered, trauma-informed care.
Sec. 102. Vaccination.
Sec. 103. Functions of Assistant Secretary.
Sec. 104. Professional standards for nutrition official under the 
Assistant Secretary.
Sec. 105. Interagency Coordinating Committee on Age-Friendly 
Communities.
Sec. 106. Technical assistance on age-friendly communities.
Sec. 107. Malnutrition.
Sec. 108. Coordination with resource centers.
Sec. 109. Arts education.
Sec. 110. Social determinants of health.
Sec. 111. Federal coordination of supports and services for living 
independently and safely at home.
Sec. 112. Falls prevention and chronic disease self-management 
education.
Sec. 113. Extension of RAISE Family Caregivers Act.
Sec. 114. Support for socially-isolated older Americans.
Sec. 115. Increased focus of Assistant Secretary on social isolation.
Sec. 116. Advisory council on social isolation.
Sec. 117. Supportive services and senior centers.
Sec. 118. Demonstration projects.
Sec. 119. Younger onset Alzheimer's Disease.
Sec. 120. Priority for the senior community service employment program.
Sec. 121. Direct care workforce.
Sec. 122. National resource center for older individuals experiencing 
the long-term and adverse consequences of trauma.
Sec. 123. National Resource Center for Women and Retirement.
Sec. 124. Definition.
Sec. 125. Review of reports.
Sec. 126. Area plans.
Sec. 127. Addressing chronic pain management.
Sec. 128. Extension of the Supporting Grandparents Raising 
Grandchildren Act.
Sec. 129. Screening for suicide risk.
Sec. 130. Traumatic brain injury.
Sec. 131. Addressing public health emergencies and emerging health 
threats.

   TITLE II--EMPOWERING THE AGING NETWORK TO MEET THE NEEDS OF OLDER 
                              INDIVIDUALS

Sec. 201. National family caregiver support program cap.
Sec. 202. Minimum funding level for State administrative expenses.
Sec. 203. Culturally-appropriate, medically-tailored meals.
Sec. 204. Business acumen provisions and clarification regarding 
outside funding for area agencies on aging.
Sec. 205. Other practices.
Sec. 206. Caregiver assessments.
Sec. 207. Research and evaluation.
Sec. 208. Grant program for multigenerational collaboration.

       TITLE III--STRENGTHENING PROTECTIONS FOR OLDER INDIVIDUALS

Sec. 301. State Long-Term Care Ombudsman Program minimum funding and 
maintenance of effort.
Sec. 302. State long-term care volunteer ombudsman representatives.
Sec. 303. Clarification regarding board and care facilities.

         TITLE IV--MEETING THE NEEDS OF OLDER NATIVE AMERICANS

Sec. 401. Expanding supportive services for Native American aging 
programs.
Sec. 402. Enhancing capacity to support Native American aging programs.

                         TITLE V--MISCELLANEOUS

Sec. 501. Technical corrections.
Sec. 502. Authorization of appropriations; uses of funds.
Sec. 503. Effective date.

 TITLE I--ENSURING COLLABORATION AND PROMOTING INDEPENDENCE FOR OLDER 
                              INDIVIDUALS

SEC. 101. PERSON-CENTERED, TRAUMA-INFORMED CARE.

  Section 101(2) of the Older Americans Act of 1965 (42 U.S.C. 3001(2)) 
is amended by inserting ``(including access to person-centered, trauma-
informed care)'' after ``health''.

SEC. 102. VACCINATION.

  Section 102(14) of the Older Americans Act of 1965 (42 U.S.C. 
3002(14)) is amended--
          (1) in subparagraph (B) by inserting ``immunization status,'' 
        after ``oral health,'', and
          (2) in subparagraph (D) by inserting ``infectious disease, 
        and vaccine preventable disease,'' after ``disease),''.

SEC. 103. FUNCTIONS OF ASSISTANT SECRETARY.

  (a) Review of Applications.-- Section 202 of the Older Americans Act 
of 1965 (42 U.S.C. 3012) is amended--
          (1) by amending subsection (a)(4) to read as follows:
          ``(4) administer the grants provided by this Act but not 
        approve an application submitted by an applicant for a grant 
        for a program for which such applicant previously received a 
        grant unless the Assistant Secretary determines--
                  ``(A) the program for which such application was 
                submitted is operating effectively to achieve its 
                stated purpose; and
                  ``(B) such applicant--
                          ``(i) complied with the assurances provided 
                        to the Assistant Secretary with the application 
                        for such previous grant; and
                          ``(ii) will comply with the assurances 
                        provided with the current submitted 
                        application;'', and
          (2) by adding at the end the following:
  ``(h) The Assistant Secretary shall publish, on an annual basis, a 
list of centers and demonstration projects funded under each title of 
the Act. The Assistant Secretary shall ensure that this information is 
also directly provided to States and area agencies on aging.''.
  (b)  Addressing the Needs of Older Individuals in Disasters.--Section 
202(a) of the Older Americans Act of 1965 (42 U.S.C. 3012(a)) is 
amended--
          (1) in paragraph (30) by striking ``and'' at the end,
          (2) in paragraph (31) by striking the period at the end and 
        inserting ``; and'', and
          (3) by adding at the following at the end the following:
          ``(32) provide technical assistance to and share best 
        practices with States and area agencies on aging on how to 
        collaborate and coordinate activities and develop long-range 
        emergency preparedness plans with local and State emergency 
        response agencies, relief organizations, local and State 
        governments, federal agencies as appropriate, and any other 
        institutions that have responsibility for disaster relief 
        service delivery.''.

SEC. 104. PROFESSIONAL STANDARDS FOR NUTRITION OFFICIAL UNDER THE 
                    ASSISTANT SECRETARY.

  Section 205(a)(2)(C)(ii) of the Older Americans Act of 1965 (42 
U.S.C. 3016(a)(2)(C)(ii) is amended to read as follows:
          ``(ii) be a registered dietitian or registered dietitian 
        nutritionist.''.

SEC. 105. INTERAGENCY COORDINATING COMMITTEE ON AGE-FRIENDLY 
                    COMMUNITIES.

  Section 203 of the Older Americans Act of 1965 (42 U.S.C. 3013) is 
amended--
          (1) in subsection (b)--
                  (A) in paragraph (18) by striking ``and'' at the end,
                  (B) in subparagraph (19) by striking the period at 
                the end, and inserting ``, and'', and
                  (C) by adding at the end the following:
          ``(20) section 393D of the Public Health Service Act (42 
        U.S.C. 280b-1f), relating to safety of seniors.'', and
          (2) in subsection (c)--
                  (A) in paragraph (1)--
                          (i) by striking ``Aging'' and inserting 
                        ``Age-Friendly Communities'', and
                          (ii) by inserting ``to support the ability of 
                        older individuals to age in place, including 
                        through the provision of homelessness 
                        prevention services, support the ability of 
                        older individuals to access preventive health 
                        care, promote age-friendly communities, and 
                        address the ability of older individuals to 
                        access long-term care supports, including 
                        access to caregivers and home- and community-
                        based services'' before the period at the end,
                  (B) in paragraph (4) by inserting ``, except that the 
                1st term of a member appointed to the Interagency 
                Coordinating Committee on Age-Friendly Communities 
                shall begin not later than 1 year after the date of the 
                enactment of the effective date of this exception'' 
                before the period at the end,
                  (C) in paragraph (5) by striking ``once each year'' 
                and inserting ``semiannually'',
                  (D) in paragraph (6)--
                          (i) in subparagraph (A)--
                                  (I) in clause (iii) by striking 
                                ``and'' at the end,
                                  (II) in clause (iv) by adding ``and'' 
                                at the end, and
                                  (III) by adding at the end the 
                                following:
                  ``(v) identifying best practices for connecting older 
                individuals to services for which they may be 
                eligible;'',
                          (ii) by amending subparagraph (B)(ii) to read 
                        as follows:
                  ``(ii) innovations in technology applications 
                (including assistance technology devices and assistance 
                technology services) that--
                          ``(I) promote safe and accessible independent 
                        living environments; and
                          ``(II) give older individuals access to 
                        information on available services or help in 
                        providing services to older individuals;'',
                          (iii) in subparagraph (E)--
                                  (I) by striking ``nongovernmental 
                                experts and organizations, including 
                                public health interest and research 
                                groups and foundations'' and inserting 
                                ``nongovernmental organizations, 
                                academic or research institutions, 
                                community-based organizations, and 
                                philanthropic organizations'', and
                                  (II) by striking ``(F)'' and 
                                inserting ``(G)'',
                          (iv) by redesignating subparagraphs (E), (F), 
                        and (G) as subparagraphs (F), (G), and (H), 
                        respectively, and
                          (v) by inserting after subparagraph (D) the 
                        following:
          ``(E) work with the Centers for Disease Control and 
        Prevention, the National Institute on Aging, Centers for 
        Medicare and Medicaid Services, the Housing and Urban 
        Development Office of Lead Hazard Control and Healthy Homes, 
        and other Federal agencies as appropriate, to develop 
        recommendations, in accordance with paragraph (1), to reduce 
        falls among older individuals that incorporate evidence-based 
        falls prevention programs and home modifications to reduce and 
        prevent falls;'', and
                          (vi) by adding at the end the following:
  ``(9) In this subsection, the term `age-friendly community' means a 
community that---
          ``(A) is taking steps--
                  ``(i) to include accessible housing, accessible 
                spaces and buildings, safe and secure paths, variable 
                route transportation services, and programs and 
                services designed to maintain health and well-being;
                  ``(ii) to respect and include older individuals in 
                social opportunities, civic participation, 
                volunteerism, and employment; and
                  ``(iii) to facilitate access to supportive services 
                for older individuals; and
          ``(B) has a plan in place to meet local needs for housing, 
        transportation, civic participation, social connectedness, and 
        accessible spaces.''.

SEC. 106. TECHNICAL ASSISTANCE ON AGE-FRIENDLY COMMUNITIES.

  Section 205(a)(2) of the Older Americans Act of 1965 (42 U.S.C. 
3016(a)(2)) is amended--
          (1) by redesignating subparagraph (C) as subparagraph (D), 
        and
          (2) by inserting after subparagraph (B) the following:
  ``(C) The Assistant Secretary may provide technical assistance, 
including through the regional offices of the Administration, to State 
agencies, area agencies on aging, local government agencies, or leaders 
in age-friendly communities (as defined in section 203(c)(9)) 
regarding--
          ``(i) dissemination of, or consideration of ways to 
        implement, best practices and recommendations from the 
        Interagency Coordinating Committee on Age-Friendly Communities 
        established under section 203(c); and
          ``(ii) methods for managing and coordinating existing 
        programs to meet the needs of growing age-friendly 
        communities.''.

SEC. 107. MALNUTRITION.

  The Older Americans Act of 1965 (42 U.S.C. 2011 et seq.) is amended--
          (1) in section 102(14)(B) by inserting ``(including screening 
        for malnutrition)'' before the semicolon at the end, and
          (2) in section 330(1) by striking ``and food insecurity'' and 
        inserting ``, food insecurity, and malnutrition''.

SEC. 108. COORDINATION WITH RESOURCE CENTERS.

  (a) Area Plans.--Section 306(a) of the Older Americans Act of 1965 
(42 U.S.C. 3026(a)) is amended--
          (1) in paragraph (16) by striking ``and'' at the end,
          (2) in paragraph (17) by striking the period at the end and 
        inserting ``; and'', and
          (3) by adding at the end the following:
          ``(18) provide assurances that the area agency on aging will 
        collect data to determine the services that are needed by older 
        individuals whose needs are the focus of all centers funded 
        under title IV and the effectiveness of the programs, policies, 
        and services provided by such area agency on aging in assisting 
        these individuals. Each agency plan shall provide assurances 
        that the area agency on aging will use outreach efforts that 
        will identify individuals eligible for assistance under this 
        Act, with special emphasis on those individuals whose needs are 
        the focus of all centers established under title IV. This 
        requirement applies to all centers funded on the day before the 
        effective date of this paragraph.''.
  (b) State Plans.--Section 307(a) of the Older Americans Act of 1965 
(42 U.S.C. 3027) is amended by adding at the end the following:
          ``(31) The State shall prepare and submit to the Assistant 
        Secretary annual reports on the data collected to determine the 
        services that are needed by older individuals whose needs are 
        the focus of all centers funded under title IV and the 
        effectiveness of the programs, policies, and services provided 
        by area agencies on aging in assisting these individuals. The 
        reports shall describe any outreach efforts and other 
        activities described in section 306(a)(18). This requirement 
        applies to all centers funded on the day before the date of the 
        enactment of the effective date of this paragraph.''.

SEC. 109. ARTS EDUCATION.

  (a) Program Design.--Section 202(a)(5) of the Older Americans Act of 
1965 (42 U.S.C. 3012(a)(5)) is amended by inserting ``cultural 
experiences, activities and services, including the arts,'' after 
``education),''.
  (b) Supportive Services.--Section 321(a)(7) of the Older Americans 
Act of 1965 (42 U.S.C. 3030d(a)(7)) is amended by inserting ``cultural 
experiences (including the arts),'' after ``art therapy,''.

SEC. 110. SOCIAL DETERMINANTS OF HEALTH.

  Section 301(a)(1) of the Older Americans Act of 1965 (42 U.S.C. 
3021(a)(1)) is amended--
          (1) in subparagraph (C) by striking ``and'' at the end,
          (2) in subparagraph (D) by striking the period at the end and 
        inserting ``; and'', and
          (3) by adding at the end the following:
          ``(E) address the social determinants of health of older 
        individuals.''.

SEC. 111. FEDERAL COORDINATION OF SUPPORTS AND SERVICES FOR LIVING 
                    INDEPENDENTLY AND SAFELY AT HOME.

  Title II of the Older Americans Act of 1965 (42 U.S.C. 3011-3020) is 
amended by inserting after section 203A the following:

``SEC. 203B. FEDERAL COORDINATION OF SUPPORTS AND SERVICES FOR LIVING 
                    INDEPENDENTLY AND SAFELY AT HOME.

  ``(a) Initiative.--The Assistant Secretary shall carry out an 
initiative under this section to identify and disseminate information 
about Federal resources to promote falls prevention, home assessments, 
and home modifications, which may include in-home assistive technology, 
to enable older individuals to live independently and safely in a home 
environment.
  ``(b) Coordination of Federal Efforts.--In carrying out the 
initiative under this section, the Assistant Secretary shall 
coordinate, through memoranda of understanding, agreements, or other 
appropriate means of coordination, with all Federal efforts and Federal 
programs in effect on the effective date of this section that support 
evidence-based falls prevention, home assessments, and home 
modifications, which may include in-home assistive technology, for 
older individuals, including older individuals with disabilities.
  ``(c) Reports.--Not later than 1 year after the effective date of 
this section, and triennially thereafter as needed, the Assistant 
Secretary shall publish a report that includes--
          ``(1) an inventory of the then current Federal programs that 
        support evidence-based falls prevention, home assessments, and 
        home modifications, which may include in-home assistive 
        technology, for older individuals and older individuals with 
        disabilities;
          ``(2) for the fiscal year of the report, statistical data on 
        the number of older individuals and older individuals with 
        disabilities served by each Federal program described in 
        paragraph (1), including a demographic analysis and the 
        approximate amount of Federal funding invested in each such 
        program;
          ``(3) an evaluation of the impact of Federal programs that 
        support falls prevention and home modifications, which may 
        include in-home assistive technology, on health status and 
        health outcomes in populations supported by such efforts and 
        programs; and
          ``(4) information on the extent to which consumer-friendly 
        resources, such as a brochure--
                  ``(A) are available through the National Eldercare 
                Locator Service established under section 202(a)(21);
                  ``(B) are accessible to all area agencies on aging; 
                and
                  ``(C) contain information on home assessments and 
                home modifications for older individuals attempting to 
                live independently and safely in their homes and for 
                the caregivers of such individuals.''.

SEC. 112. FALLS PREVENTION AND CHRONIC DISEASE SELF-MANAGEMENT 
                    EDUCATION.

  Section 411(a) of the Older Americans Act of 1965 (42 U.S.C. 3032(a)) 
is amended--
          (1) by redesignating paragraphs (13) and (14) as paragraphs 
        (15) and (16), respectively, and
          (2) by inserting after paragraph (12) the following:
          ``(13) bringing to scale and sustaining evidence-based falls 
        prevention programs that will reduce the number of falls, fear 
        of falling, and fall-related injuries in older individuals and 
        older individuals with disabilities;
          ``(14) bringing to scale and sustaining evidence-based 
        chronic disease self-management programs that empower older 
        individuals and older individuals with disabilities to better 
        manage their chronic conditions;''.

SEC. 113. EXTENSION OF RAISE FAMILY CAREGIVERS ACT.

  Section 6 of the RAISE Family Caregivers Act (Public Law 115-119; 132 
Stat. 27) is amended by striking ``3'' and inserting ``4''.

SEC. 114. SUPPORT FOR SOCIALLY-ISOLATED OLDER AMERICANS.

  Section 102(14) of the Older Americans Act of 1965 (42 U.S.C. 
3002(14)) is amended--
          (1) in subparagraph (K) by striking ``and'' at the end,
          (2) in subparagraph (L) by striking ``(K)'' and inserting 
        ``(L)'',
          (3) by redesignating subparagraph (L) as subparagraph (M), 
        and
          (4) by inserting after subparagraph (K) the following:
                  ``(L) screening for the prevention of social 
                isolation and coordination of supportive services and 
                health care to address social isolation and loneliness; 
                and''.

SEC. 115. INCREASED FOCUS OF ASSISTANT SECRETARY ON SOCIAL ISOLATION.

  Section 202(a) of the Older Americans Act of 1965 (42 U.S.C. 
3012(a)), as amended by section 103, is amended--
          (1) in paragraph (31) by striking ``; and'' and inserting a 
        semicolon,
          (2) in paragraph (32) by striking the period at the end and 
        inserting ``; and'', and
          (3) by adding at the end the following:
          ``(33) develop objectives, priorities, and a long-term plan 
        for supporting State and local efforts involving education 
        about, prevention of, detection of, and response to social 
        isolation among older individuals.''.

SEC. 116. ADVISORY COUNCIL ON SOCIAL ISOLATION.

  Section 202 of the Older Americans Act of 1965 (42 U.S.C. 3012), as 
amended by section 103, is amended by adding at the end the following:
  ``(i)(1) The Assistant Secretary shall convene an advisory council on 
social isolation with aging network stakeholders, including caregivers, 
and select members in a manner that ensures geographic diversity of the 
members--
          ``(A) to review and evaluate efforts to address social 
        isolation and loneliness among older individuals; and
          ``(B) to identify challenges, solutions, and best practices 
        related to such efforts.
  ``(2) The advisory council convened under paragraph (1) shall--
          ``(A) ensure consideration of consumer-directed care models; 
        and
          ``(B) submit a report to Congress on its findings.
  ``(3) The Federal Advisory Committee Act (5 U.S.C. App.) shall not 
apply with respect to the advisory council convened under paragraph 
(1).''.

SEC. 117. SUPPORTIVE SERVICES AND SENIOR CENTERS.

  Section 321(a) of the Older Americans Act of 1965 (42 U.S.C. 
3030d(a)) is amended--
          (1) in paragraph (24) by striking ``and'' at the end,
          (2) by redesignating paragraph (25) as paragraph (26), and
          (3) by inserting after paragraph (24) the following:
          ``(25) services that promote or support social connectedness 
        and reduce social isolation; and''.

SEC. 118. DEMONSTRATION PROJECTS.

  (a) Demonstrations.--Section 411(a) of the Older Americans Act of 
1965 (42 U.S.C. 3032(a)), as amended by section 112, is amended--
          (1) in paragraph (15) by striking ``and'' at the end,
          (2) by redesignating paragraph (16) as paragraph (17), and
          (3) by inserting after paragraph (15) the following:
          ``(16) projects that address social isolation and loneliness 
        among older adults; and''.
  (b) Repeal.--Section 416 of the Older Americans Act of 1965 (42 
U.S.C. 3032e) is repealed.

SEC. 119. YOUNGER ONSET ALZHEIMER'S DISEASE.

  (a) Definition of ``Family Caregiver''.--Section 302(3) of the Older 
Americans Act of 1965 (42 U.S.C. 3022(3)) is amended by inserting ``of 
any age'' after ``an individual''.
  (b) Definition of ``Resident''.--Section 711(6) of the Older 
Americans Act of 1965 (42 U.S.C. 3058(6)) is amended by inserting ``of 
any age'' after ``individual''.

SEC. 120. PRIORITY FOR THE SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM.

  The Older Americans Act of 1965 (42 U.S.C. 3001 et seq.) is amended--
          (1) in section 503(a)(4)(C)--
                  (A) in clause (iii) by striking ``and'' at the end,
                  (B) in clause (iv) by adding ``and'' at the end, and
                  (C) by adding at the end the following:
                          ``(v) eligible individuals who have been 
                        incarcerated or are under supervision following 
                        the release from prison or jail within the last 
                        5 years;'',
          (2) in section 514(e)(1) by inserting ``older individuals who 
        have been incarcerated or are under supervision following the 
        release from prison or jail,'' after ``need,'', and
          (3) in section 518--
                  (A) in subsection (a)(3)(B)(ii)--
                          (i) in clause (IV) by striking ``or'' at the 
                        end,
                          (ii) in clause (V) by striking the period at 
                        the end and inserting ``; or'', and
                          (iii) by adding at the end the following:
                          ``(VI) have been incarcerated or are under 
                        supervision following the release from prison 
                        or jail within the last 5 years.'', and
                  (B) in subsection (b)(2)--
                          (i) in subparagraph (F) by striking ``or'' at 
                        the end,
                          (ii) in subparagraph (G) by striking the 
                        period at the end and inserting ``; or'',
                          (iii) by adding at the end the following:
          ``(H) has been incarcerated or is under supervision following 
        the release from prison or jail within the last 5 years.''.

SEC. 121. DIRECT CARE WORKFORCE.

  (a) Demonstrations.--Section 411(a) of the Older Americans Act of 
1965 (42 U.S.C. 3032(a)), as amended by sections 112 and 118, is 
amended--
          (1) by redesignating paragraphs (16) and (17) as paragraphs 
        (17) and (18), respectively, and
          (2) by inserting after paragraph (15) the following:
          ``(16) in coordination with the Secretary of Labor, the 
        demonstration of new strategies for the recruitment, retention, 
        or advancement of direct care workers, and to solicit, develop, 
        and implement strategies--
                  ``(A) to reduce barriers to entry for a diverse and 
                high-quality direct care workforce, including providing 
                wages, benefits, and advancement opportunities needed 
                to attract and retain direct care workers;
                  ``(B) to provide supportive services and career 
                planning for direct care workers; and
                  ``(C) to support the advancement of direct care 
                workers through education and workforce development 
                programs that include necessary credential or licensing 
                preparation, paid on-the-job training or work-based 
                learning, and appropriate safety training;''.
  (b) Older American Community Service Employment Program.--Section 
502(e)(2)(B) of the Older Americans Act of 1965 (42 U.S.C. 
3056(e)(2)(B)) is amended--
          (1) in clause (iii) by striking ``and'' at the end,
          (2) in clause (iv) by adding ``and'' at the end, and
          (3) by adding at the end the following:
                          ``(v) attract, retain, and advance the direct 
                        care workforce, in consultation with the 
                        Assistant Secretary, providing for wages and 
                        benefits needed to reduce barriers to entry for 
                        a diverse and high-quality direct care 
                        workforce, supportive services and career 
                        planning, and paid on-the-job training or work-
                        based learning, with appropriate safety 
                        training;''.

SEC. 122. NATIONAL RESOURCE CENTER FOR OLDER INDIVIDUALS EXPERIENCING 
                    THE LONG-TERM AND ADVERSE CONSEQUENCES OF TRAUMA.

  Section 411(a) of the Older Americans Act of 1965 (42 U.S.C. 
3032(a)), as amended by sections 112, 118, and 121, is amended--
          (1) by redesignating paragraphs (17) and (18) as paragraphs 
        (18) and (19), respectively, and
          (2) by inserting after paragraph (16) the following:
          ``(17) the implementation of a national resource center that 
        shall--
                  ``(A) provide training and technical assistance to 
                agencies in the aging network delivering services to 
                older individuals experiencing the long-term and 
                adverse consequences of trauma;
                  ``(B) share best practices with the aging network; 
                and
                  ``(C) make subgrants to the agencies best positioned 
                to advance and improve the delivery of person-centered, 
                trauma-informed services for older individuals 
                experiencing the long-term and adverse consequences of 
                trauma;''.

SEC. 123. NATIONAL RESOURCE CENTER FOR WOMEN AND RETIREMENT.

  Section 202 of the Older Americans Act of 1965 (42 U.S.C. 3012), as 
amended by sections 103 and 116, is amended by adding at the end the 
following:
  ``(j)(1) The Assistant Secretary shall, directly or by grant or 
contract, operate the National Resource Center for Women and Retirement 
(in this subsection referred to as the `Center').
  ``(2) The Center shall--
          ``(A) provide basic financial management, retirement 
        planning, and other educational tools that promote financial 
        wellness and help to identify and prevent fraud and elder 
        exploitation, and integrate these with information on health 
        and long-term care;
          ``(B) annually disseminate a summary of outreach provided, 
        including work to provide user-friendly consumer information 
        and public education materials;
          ``(C) develop targeted outreach strategies;
          ``(D) provide technical assistance to State agencies and to 
        other public and nonprofit private agencies and organizations; 
        and
          ``(E) develop partnerships and collaborations to address 
        program objectives.''.

SEC. 124. DEFINITION.

  Section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002) is 
amended--
          (1) by redesignating paragraphs (41) through (54) as 
        paragraphs (42) through (55), and
          (2) by inserting after paragraph (40) the following:
          ``(41) The term `person-centered, trauma-informed' when used 
        with respect to services means services provided through an 
        aging program that--
                  ``(A) use a holistic approach to providing services;
                  ``(B) promote the dignity, strength and empowerment 
                of victims of trauma; and
                  ``(C) incorporate research-based practices based on 
                knowledge about the role of trauma in trauma victims' 
                lives.''.

SEC. 125. REVIEW OF REPORTS.

  Sec. 308(b) of the Older Americans Act of 1965 (42 U.S.C. 3028(b)) is 
amended by inserting at the end the following:
  ``(8) The Assistant Secretary shall review the reports submitted 
under section 307(a)(31), and include in the report required by section 
207(a), aggregated data, including the effectiveness and outreach 
efforts included in 307(a)(31), on services that are needed by older 
individuals whose needs are the focus of all centers funded under title 
IV. This requirement applies to all centers funded on the day before 
the date of the effective date of this paragraph.''.

SEC. 126. AREA PLANS.

  Section 306(a)(4) of the Older Americans Act of 1965 (42 U.S.C. 
3026(a)(4)) is amended in subparagraph (B)(i)(VII) by inserting ``, 
specifically including survivors of the Holocaust'' after 
``placement''.

SEC. 127. ADDRESSING CHRONIC PAIN MANAGEMENT.

  Section 102(14)(D) of the Older Americans Act of 1965 (42 U.S.C. 
3002(14)) is amended by inserting ``chronic pain management,'' after 
``substance abuse reduction,''.

SEC. 128. EXTENSION OF THE SUPPORTING GRANDPARENTS RAISING 
                    GRANDCHILDREN ACT.

   Section 3(f) of the Supporting Grandparents Raising Grandchildren 
Act (Public Law 115-196) is amended by striking ``3'' and inserting 
``4''.

SEC. 129. SCREENING FOR SUICIDE RISK.

  Section 102(14)(G) of the Older Americans Act of 1965 (42 U.S.C. 
3002(14)(G)) is amended by inserting ``and screening for suicide risk'' 
after ``depression''.

SEC. 130. TRAUMATIC BRAIN INJURY.

  (a) Definitions.--Section 102 of the Older Americans Act of 1965 (42 
U.S.C. 3002), as amended by section 114, is amended--
          (1) in paragraph (14)--
                  (A) in paragraph (M) by striking ``(L)'' and 
                inserting ``(M)'',
                  (B) by redesignating subparagraphs (H) through (M) as 
                subparagraphs (I) through (N), respectively,
                  (C) by inserting after subparagraph (G) the 
                following:
                  ``(H) screening for fall-related traumatic brain 
                injury, coordination of treatment, rehabilitation and 
                related services, and referral services;'', and
          (2) by adding at the end the following:
          ``(56) The term `traumatic brain injury' has the meaning 
        given to it in section 339B(d) of the Public Health Service 
        Act.''.
  (b) Health Screening.--Section 321(a)(8) of the Older Americans Act 
of 1965 (42 U.S.C.3030d(a)(8)) is amended to read as follows:
          ``(8) services designed to provide health screening 
        (including mental and behavioral health screening, screening 
        for social isolation and loneliness, falls prevention services 
        screening and traumatic brain injury screening) to detect or 
        prevent (or both) illnesses and injuries that occur most 
        frequently in older individuals;''.
  (c) Activities for Health.--Section 411(a)(12) of the Older Americans 
Act of 1965 (42 U.S.C. 3032(a)(12)) is amended to read as follows:
          ``(12) building public awareness of cognitive impairments 
        such as Alzheimer's disease and related disorders with 
        neurological and organic brain dysfunction, depression, mental 
        health disorders, and traumatic brain injury;''.

SEC. 131. ADDRESSING PUBLIC HEALTH EMERGENCIES AND EMERGING HEALTH 
                    THREATS.

  Section 102(14) of the Older Americans Act of 1965 (42 U.S.C. 
3002(14)), as amended by sections 114 and 130, is amended--
          (1) in subparagraph (M) by striking ``and'' at the end,
          (2) in subparagraph (N) by striking ``(M)'' and inserting 
        ``(N)'',
          (3) by redesignating subparagraphs (K), (L), (M), and (N) as 
        subparagraphs (L), (M), (N), and (O) respectively, and
          (4) by inserting after subparagraph (J) the following:
                  ``(K) responses to public health emergencies and 
                emerging health threats;''.

   TITLE II--EMPOWERING THE AGING NETWORK TO MEET THE NEEDS OF OLDER 
                              INDIVIDUALS

SEC. 201. NATIONAL FAMILY CAREGIVER SUPPORT PROGRAM CAP.

  (a) Federal Share.--Section 373(g)(2) of the Older Americans Act of 
1965 (42 U.S.C. 3030s-1(g)(2)) is amended by striking subparagraph (C).
  (b) Monitoring the Impact of the Elimination of the Cap on Funds for 
Older Relative Caregivers.--
          (1) Report.--Not later than 18 months after the date of the 
        enactment of this Act, and annually thereafter, the Assistant 
        Secretary shall submit to the Committee on Education and Labor 
        of the House of Representatives and the Committee on Health, 
        Education, Labor, and Pensions of the Senate a report on the 
        impact of the amendment made by subsection (a) to eliminate the 
        limitation on funds that States may allocate to provide support 
        services to older relative caregivers in the National Family 
        Caregiver Support Program established under part E of title III 
        of the Older Americans Act of 1965 (42 U.S.C. 3030s-3030s-2). 
        Each such report shall also be made available to the public.
          (2) Contents.--For purposes of reports required by paragraph 
        (1), each State that receives an allotment under such National 
        Family Caregiver Support Program for fiscal year 2020 or a 
        subsequent fiscal year shall report to the Assistant Secretary 
        for the fiscal year involved the amount of funds of the total 
        Federal and non-Federal share allotment used by the State to 
        provide support services for caregiver support for older 
        relative caregivers and family caregivers.

SEC. 202. MINIMUM FUNDING LEVEL FOR STATE ADMINISTRATIVE EXPENSES.

  Section 308(b)(2)(A) of the Older Americans Act of 1965 (42 U.S.C. 
3028(b)(2)(B)) is amended by striking ``$500,000'' and inserting 
``$750,000''.

SEC. 203. CULTURALLY-APPROPRIATE, MEDICALLY-TAILORED MEALS.

  Section 339(2)(A) of the Older Americans Act of 1965 (42 U.S.C. 
3939h(2)(A)) is amended by inserting ``, including cultural 
considerations and preferences (including needs based on religious, 
cultural, or ethnic requirements) and medically tailored meals'' before 
the comma at the end.

SEC. 204. BUSINESS ACUMEN PROVISIONS AND CLARIFICATION REGARDING 
                    OUTSIDE FUNDING FOR AREA AGENCIES ON AGING.

  (a) Assistance Relating to Growing and Sustaining Capacity.--Section 
202(b)(9) of the Older Americans Act of 1965 (42 U.S.C. 3012(b)(9)) is 
amended--
          (1) in subparagraph (A) by striking ``and'' after the 
        semicolon at the end,
          (2) in subparagraph (B) by inserting ``and'' after the 
        semicolon at the end, and
          (3) by adding at the end the following:
                  ``(C) business acumen, capacity building, 
                organizational development, innovation, and other 
                methods of growing and sustaining the capacity of the 
                aging network to serve older individuals and caregivers 
                most effectively;''.
  (b) Clarifying Partnerships for Area Agencies on Aging.--Section 306 
of the Older Americans Act of 1965 (42 U.S.C. 3026) is amended by 
adding at the end the following:
  ``(g) Nothing in this Act shall restrict an area agency on aging from 
providing services not provided or authorized by this Act, including 
through--
          ``(1) contracts with health care payers;
          ``(2) consumer private pay programs; or
          ``(3) other arrangements with entities or individuals that 
        increase the availability of home and community-based services 
        and supports in the planning and service area supported by the 
        area agency on aging.''.

SEC. 205. OTHER PRACTICES.

  Section 315 of the Older Americans Act of 1965 (42 U.S.C. 3030c-2) is 
amended by adding at the end the following:
  ``(e) Response to Area Agencies on Aging.--Upon request from an area 
agency on aging, the State shall make available any policies or 
guidance pertaining to policies under this section.''.

SEC. 206. CAREGIVER ASSESSMENTS.

  (a) Definition of Caregiver Assessment.--Section 372(a) of the Older 
Americans Act of 1965 (42 U.S.C. 3030s(a)) is amended by adding at the 
end the following:
          ``(4) Caregiver assessment.--The term `caregiver assessment' 
        means a systematic process of gathering information about the 
        situation of a caregiver who voluntarily participates in such 
        process to identify the caregiver's specific needs, barriers, 
        and existing supports as identified by the caregiver that--
                  ``(A) provides the opportunity for the recognized 
                caregiver to participate in such process;
                  ``(B) requires direct contact with the caregiver and 
                is used to appropriately target and tailor support 
                services to the caregiver's unique needs; and
                  ``(C) includes reassessment of such specific needs, 
                barriers, and existing supports, including to 
                accommodate a significant change in the caregiving 
                situation, which shall occur on a voluntary basis with 
                the consent of the caregiver.''.
  (b) Use of Caregiver Assessments.--Section 373(b) of the Older 
Americans Act of 1965 (42 U.S.C. 3030s-1(b)) is amended by inserting 
``may be informed through the use of caregiver assessments and'' after 
``with,''.
  (c) Technical Assistance for Caregiver Assessments.--Section 373 of 
the Older Americans Act of 1965 (42 U.S.C. 3030s-1) is amended by 
adding at the end the following:
  ``(h) Technical Assistance for Caregiver Assessments.--Not later than 
1 year after the effective date of this subsection, the Assistant 
Secretary, in consultation with caregivers, older individuals, 
individuals with a disability who receive care from an older relative 
caregiver, the aging network, and other experts and stakeholders, shall 
provide technical assistance to promote and implement the use of 
caregiver assessments. Such technical assistance shall include sharing 
available tools and templates, comprehensive assessment protocols, and 
best practices concerning--
          ``(1) conducting caregiver assessments and reassessments;
          ``(2) implementing such assessments that are consistent 
        across a planning and service area; and
          ``(3) implementing caregiver support service plans, including 
        referrals to and coordination of activities with relevant State 
        and local services.''.
  (d) Reporting on Caregiver Assessment.--Section 373(e) of the Older 
Americans Act of 1965 (42 U.S.C. 3030s-1(e)) is amended--
          (1) in paragraph (3) by inserting ``, including caregiver 
        assessments used in the State,'' after ``mechanisms'' the 1st 
        place it appears, and
          (2) by adding at the end the following:
          ``(4) Report on caregiver assessments.--
                  ``(A) In general.--Not later than 3 years after the 
                effective date of this paragraph, the Assistant 
                Secretary shall issue a report on the use of caregiver 
                assessments by area agencies on aging, entities 
                contracting with such agencies, and organizations. Such 
                report shall include--
                          ``(i) an analysis of the current use of 
                        caregiver assessments, including a repository 
                        of caregiver assessment tools or templates and 
                        comprehensive assessment protocols;
                          ``(ii) using objective data, an analysis of 
                        the impact of caregiver assessments on--
                                  ``(I) family caregivers and older 
                                relative caregivers; and
                                  ``(II) the individuals to whom the 
                                caregivers described in subclause (I) 
                                provide care;
                          ``(iii) an analysis of the impact of using 
                        caregiver assessments on the aging network;
                          ``(iv) an analysis of how caregiver 
                        assessments are being used to identify the 
                        specific needs, barriers, and existing supports 
                        of family caregivers and older relative 
                        caregivers;
                          ``(v) recommendations for using caregiver 
                        assessments, including in rural or underserved 
                        areas; and
                          ``(vi) feedback from State agencies and area 
                        agencies on aging, particularly in rural or 
                        underserved areas, on the implementation of 
                        caregiver assessments.
                  ``(B) Submission.--Not later than 6 months after the 
                issuance of the report under subparagraph (A), the 
                Assistant Secretary shall submit the report to the 
                Committee on Education and Labor of the House of 
                Representatives, the Committee on Health, Education, 
                Labor, and Pensions of the Senate, and the Special 
                Committee on Aging of the Senate.''.

SEC. 207. RESEARCH AND EVALUATION.

  Section 201 of the Older Americans Act of 1965 (42 U.S.C. 3011) is 
amended by adding at the end the following:
  ``(g)(1) The Assistant Secretary shall coordinate the research and 
evaluation functions of this Act under a National Research, 
Demonstration, and Evaluation Center for the Aging Network (in this 
subsection referred to as the `Center'), which shall be headed by a 
director designated by the Assistant Secretary from individuals 
described in paragraph (4).
  ``(2) The purpose of the Center shall be--
          ``(A) to coordinate research, research dissemination, 
        evaluation, demonstration projects, and related activities 
        carried out under this Act;
          ``(B) to provide assessment of the programs authorized under 
        this Act; and
          ``(C) to increase the repository of information on evidence-
        based programs and interventions available to the aging 
        network. Such information shall be applicable to existing 
        programs and help in the development of new evidence-based 
        programs and interventions.
  ``(3) Activities of the Center shall include conducting, promoting, 
coordinating, and providing support for--
          ``(A) research and evaluation activities that support the 
        objectives of this Act, including--
                  ``(i) evaluation of new and existing programs and 
                interventions authorized by this Act; and
                  ``(ii) research on and assessment of the impacts that 
                programs and interventions under this Act have on the 
                health outcomes, social determinants of health, quality 
                of life, and independence of individuals served under 
                this Act;
          ``(B) demonstration projects that support the objectives of 
        the Act and activities to bring effective demonstration 
        projects to scale with a prioritization of projects that 
        address the needs of underserved populations;
          ``(C) outreach and dissemination of research findings; and
          ``(D) technical assistance related to the activities 
        described in this subparagraph.
  ``(4) The director shall be an individual with substantial knowledge 
of and experience in aging and health policy, and research 
administration.
  ``(5) Not later than October 1, 2020, and at 5-year intervals 
thereafter, the director shall prepare and publish in the Federal 
Register for public comment a draft of a 5-year plan that--
          ``(A) outlines priorities for research, research 
        dissemination, evaluation, and related activities;
          ``(B) explains the basis for such priorities; and
          ``(C) describes how the plan will meet the needs of 
        underserved populations.
  ``(6) The director shall, as appropriate, coordinate with other 
Federal departments and agencies involved in research in the field of 
aging.
  ``(7) Not later than December 31, 2020, and annually thereafter, the 
director shall prepare, and submit to the Secretary, the Committee on 
Health, Education, Labor, and Pensions of the Senate, the Special 
Committee on Aging of the Senate, and the Committee on Education and 
Labor of the House of Representatives, a report on the activities 
funded under this section and title IV.
  ``(8) The director shall, as appropriate, consult with experts on 
aging research and evaluation and aging network stakeholders on the 
implementation of the activities described under paragraph (3) of this 
subsection.
  ``(9) The director shall coordinate all research and evaluation 
authorities under this Act.''.

SEC. 208. GRANT PROGRAM FOR MULTIGENERATIONAL COLLABORATION.

  Section 417 of the Older Americans Act of 1965 (42 U.S.C. 3032f) is 
amended--
          (1) by amending subsection (a) to read as follows:
  ``(a) Grants and Contracts.--The Assistant Secretary shall award 
grants to, and enter into contracts with, eligible organizations to 
carry out projects--
          ``(1) to provide opportunities for older individuals to 
        participate in multigenerational activities and civic 
        engagement activities that contribute to the health and 
        wellness of older individuals and individuals in younger 
        generations by developing--
                  ``(A) meaningful roles for participants;
                  ``(B) reciprocity in relationship building;
                  ``(C) reduced social isolation and improved 
                participant social connectedness;
                  ``(D) improved economic well-being for older 
                individuals;
                  ``(E) increased lifelong learning; or
                  ``(F) support for family caregivers by--
                          ``(i) providing support for older relative 
                        caregivers (as defined in section 372) raising 
                        children (such as kinship navigator programs); 
                        or
                          ``(ii) involving volunteers who are older 
                        individuals who provide support and information 
                        to families who have a child with a disability 
                        or chronic illness, or other families in need 
                        of such family support;
          ``(2) to coordinate multigenerational activities and civic 
        engagement activities, including multigenerational nutrition 
        and meal service programs;
          ``(3) to promote volunteerism, including becoming a mentor to 
        young people; and
          ``(4) to facilitate development of and participation in 
        multigenerational activities and civic engagement 
        activities.'',
          (2) by amending subsection (b) to read as follows:
  ``(b) Use of Funds.--
          ``(1) In general.--An eligible organization shall use funds 
        made available under a grant awarded, or a contract entered 
        into, under this section to carry out a project described in 
        subsection (a).
          ``(2) Provision of projects through grantees.--In making 
        grants under this section, the Assistant Secretary shall ensure 
        that awards are made for the activities and projects described 
        in each of paragraphs (1) and (2) of subsection (a).'';
          (3) in subsection (c)--
                  (A) in the matter preceding paragraph (1), by 
                inserting ``that serves individuals in younger 
                generations and older individuals'' after ``to carry 
                out a project'';
                  (B) in paragraph (1) by inserting ``, intent to carry 
                out, or intent to partner with local organizations or 
                multiservice organizations to carry out,'' after 
                ``record of carrying out'',
                  (C) in paragraph (3) by striking ``; and'' and 
                inserting a semicolon,
                  (D) in paragraph (4) by striking the period at the 
                end and inserting ``; and'', and
                  (E) by adding at the end the following:
          ``(5) eligible organizations proposing multigenerational 
        activity projects that utilize shared site programs, such as 
        collocated child care and long-term care facilities.'',
          (4) by amending subsection (e) to read as follows:
  ``(e) Eligible Organizations.--Organizations eligible to receive a 
grant or enter into a contract under subsection (a) shall--
          ``(1) be a State, an area agency on aging, or an organization 
        that provides opportunities for older individuals to 
        participate in activities described in such subsection; and
          ``(2) have the capacity to conduct the coordination, 
        promotion, and facilitation described in such subsection 
        through the use of multigenerational coordinators.'',
          (5) by striking subsection (g),
          (6) in subsection (h)(2)(B)(i) by striking ``individuals from 
        the generations with older individuals'' and inserting ``older 
        individuals'',
          (7) by redesignating subsections (b) through (f) as 
        subsections (c) through (g), respectively, and
          (8) by inserting after subsection (a) the following:
  ``(b) Grant Period.--Each grant awarded or contract made under 
subsection (a) shall be to carry out projects for a period of not less 
than 36 months.''.

       TITLE III--STRENGTHENING PROTECTIONS FOR OLDER INDIVIDUALS

SEC. 301. STATE LONG-TERM CARE OMBUDSMAN PROGRAM MINIMUM FUNDING AND 
                    MAINTENANCE OF EFFORT.

  The Older Americans Act of 1965 (42 U.S.C. 3001 et seq.) is amended--
          (1) in section 306(a)(9)--
                  (A) by inserting ``together with any other funds'' 
                after ``Act'', and
                  (B) by striking ``2000'' and inserting ``2019'', and
          (2) in section 307(a)(9)--
                  (A) by striking ``an amount'' the 1st place it 
                appears and inserting ``the total amount'',
                  (B) by striking ``2000'' and inserting ``2019'' each 
                place it appears, and
                  (C) by inserting ``from all sources including'' after 
                ``received'' each place it appears.

SEC. 302. STATE LONG-TERM CARE VOLUNTEER OMBUDSMAN REPRESENTATIVES.

  Section 712(a)(5) of the Older Americans Act of 1965 (42 U.S.C. 
3058g(a)(5)) is amended--
          (1) by redesignating subparagraph (D) as subparagraph (E), 
        and
          (2) by inserting after subparagraph (C) the following:
                  ``(D) Volunteer ombudsman representatives.--An 
                individual designated as a volunteer ombudsman 
                representative may receive financial support and 
                recognition from the Office of the State Long-Term Care 
                Ombudsman Program for expenses incurred during 
                service.''.

SEC. 303. CLARIFICATION REGARDING BOARD AND CARE FACILITIES.

  Section 102(35)(C) of the Older Americans Act of 1965 (42 U.S.C. 
3002(35)(C)) is amended by striking ``for purposes of sections 
307(a)(12) and 712,''.

         TITLE IV--MEETING THE NEEDS OF OLDER NATIVE AMERICANS

SEC. 401. EXPANDING SUPPORTIVE SERVICES FOR NATIVE AMERICAN AGING 
                    PROGRAMS.

  Title VI of the Older Americans Act of 1965 (42 U.S.C. 3057 et seq.) 
is amended--
          (1) in part D--
                  (A) by amending section 643 to read as follows:

``SEC. 643. AUTHORIZATION OF APPROPRIATIONS.

  ``There are authorized to be appropriated to carry out this title--
          ``(1) for parts A and B, $38,524,324 for fiscal year 2020, 
        $40,835,783 for fiscal year 2021, $43,285,930 for fiscal year 
        2022, $45,883,086 for fiscal year 2023, and $48,636,071 for 
        fiscal year 2024; and
          ``(2) for part C subject to section 644, $10,785,575 for 
        fiscal year 2020, $11,432,710 for fiscal year 2021, $12,118,672 
        for fiscal year 2022, $12,845,792 for fiscal year 2023, and 
        $13,616,540 for fiscal year 2024.'', and
                  (B) by adding at the end the following:

``SEC. 644. FUNDING SET ASIDE.

  ``Of the funds appropriated under section 643(1) for a fiscal year, 5 
percent shall be made available to carry out part D for such fiscal 
year.'',
          (2) by redesignating part D as part E, and
          (3) by inserting after part C the following:

    ``PART D--SUPPORTIVE SERVICES FOR HEALTHY AGING AND INDEPENDENCE

``SEC. 636. PROGRAM.

  ``(a) In General.--The Assistant Secretary shall carry out a 
demonstration program for making grants to tribal or Native Hawaiian 
organizations with applications approved under parts A and B, to pay 
for the Federal share of carrying out programs, to enable the 
organizations to provide a wider range of in-home and community 
supportive services to enable older individuals to maintain their 
health and independence and to avoid long-term care facility placement.
  ``(b) Supportive Services.--
          ``(1) In general.--Subject to paragraph (2), supportive 
        services described in subsection (a) may include any of the 
        activities described in section 321(a).
          ``(2) Priority.--The Assistant Secretary, in making grants 
        under this section, shall give priority to organizations that 
        will use the grant funds for supportive services described in 
        subsection (a) that are for in-home assistance, transportation, 
        information and referral, case management, health and wellness 
        programs, legal services, family caregiver support services, 
        and other services that directly support the independence of 
        the older individuals served.''.

SEC. 402. ENHANCING CAPACITY TO SUPPORT NATIVE AMERICAN AGING PROGRAMS.

  Title II of the Older Americans Act of 1965 (42 U.S.C. 3011 et seq.) 
is amended--
          (1) in section 201(c)(3)(H) by inserting ``to ensure adequate 
        capacity to deliver the services under such title, which 
        technical assistance programs may include program management, 
        data development and use, basic business skills, grant 
        development, program and service innovations, and staff 
        professional development and certification'' before the 
        semicolon at the end, and
          (2) section 216 is amended to read as follows:

``SEC. 216. AUTHORIZATION OF APPROPRIATIONS.

  ``(a) In General.--For purposes of carrying out this Act, there are 
authorized to be appropriated for administration, salaries, and 
expenses of the Administration $44,042,171 for fiscal year 2020, 
$46,684,701 for fiscal year 2021, $49,485,783 for fiscal year 2022, 
$52,454,930 for fiscal year 2023, and $55,602,226 for fiscal year 2024.
  ``(b) Authorization of Appropriations for Programs.--There are 
authorized to be appropriated--
          ``(1) to carry out section 201(g), $20,000,000 for each of 
        the fiscal years 2020 through 2024;
          ``(2) to carry out section 202(a)(21) (relating to the 
        National Eldercare Locator Service), $2,186,227 for fiscal year 
        2020, $2,317,401 for fiscal year 2021, $2,456,445 for fiscal 
        year 2022, $2,603,832 for fiscal year 2023, and $2,760,062 for 
        fiscal year 2024;
          ``(3) to carry out section 215, $1,992,460 for fiscal year 
        2020, $2,112,008 for fiscal year 2021, $2,238,728 for fiscal 
        year 2022, $2,373,052 for fiscal year 2023, and $2,515,435 for 
        fiscal year 2024;
          ``(4) to carry out section 202 (relating to Elder Rights 
        Support Activities under this title), $1,375,011 for fiscal 
        year 2020, $1,457,511 for fiscal year 2021, $1,544,962 for 
        fiscal year 2022, $1,637,660 for fiscal year 2023, and 
        $1,735,919 for fiscal year 2024;
          ``(5) to carry out section 202(b) (relating to the Aging and 
        Disability Resource Centers), $8,708,043 for fiscal year 2020, 
        $9,230,526 for fiscal year 2021, $9,784,357 for fiscal year 
        2022, $10,371,419 for fiscal year 2023, and $10,993,704 for 
        fiscal year 2024; and
          ``(6) to carry out section 201(c)(3)(H) (relating to 
        professional development and technical assistance for programs 
        under title VI), $500,000 for fiscal year 2020.''.

                         TITLE V--MISCELLANEOUS

SEC. 501. TECHNICAL CORRECTIONS.

  The Older Americans Act of 1965 (42 U.S.C. 3001 et seq.) is amended--
          (1) in section 102(37)(A) by striking ``paragraph (5)'' and 
        inserting ``paragraph (26)'',
          (2) in section 202(a)(23) by striking ``sections 307(a)(18) 
        and 731(b)(2)'' and inserting ``sections 307(a)(13) and 731'',
          (3) in section 202(e)(1)(A) by moving the left margin of 
        clause (i) 2 ems to the left,
          (4) in sections 203(c)(7), 207(b)(2)(B), and 215(i) by 
        striking ``Committee on Education and the Workforce'' and 
        inserting ``Committee on Education and Labor'',
          (5) in section 207(b)(3)(A) by striking ``Administrator of 
        the Health Care Finance Administration'' and inserting 
        ``Administrator of the Centers for Medicare and Medicaid 
        Services'',
          (6) in section 304(a)(3)(C) by striking ``term'' and all that 
        follows through ``does'', and inserting ``term `State' does'',
          (7) in section 306(a)--
                  (A) by inserting ``the number of older individuals at 
                risk for institutional placement residing in such 
                area,'' after ``areas) residing in such area,'' the 
                last place it appears, and
                  (B) in paragraph (2) by striking ``who are victims 
                of'' and inserting ``with'',
          (8) in section 339 by striking ``Institute of Medicine of the 
        National Academy of Sciences'' and inserting ``National 
        Academies of Sciences, Engineering, and Medicine'',
          (9) in section 611 by striking ``(a)'', and
          (10) in section 614(c)(4) by striking ``(a)(12)'' and 
        inserting ``(a)(11)''.

SEC. 502. AUTHORIZATION OF APPROPRIATIONS; USES OF FUNDS.

  (a) Authorization of Appropriations; Uses of Funds.--Section 303 of 
the Older Americans Act of 1965 (42 U.S.C. 3023) is amended to read as 
follows:

``SEC. 303. AUTHORIZATION OF APPROPRIATIONS; USES OF FUNDS.

  ``(a)(1) There are authorized to be appropriated to carry out part B 
(relating to supportive services) $413,011,586 for fiscal year 2020, 
$437,792,281 for fiscal year 2021, $464,059,818 for fiscal year 2022, 
$491,903,407 for fiscal year 2023, and $521,417,612 for fiscal year 
2024.
  ``(2) Funds appropriated under paragraph (1) shall be available to 
carry out section 712.
  ``(b)(1) There are authorized to be appropriated to carry out subpart 
1 of part C (relating to congregate nutrition services) $531,279,663 
for fiscal year 2020, $563,156,443 for fiscal year 2021, $596,945,830 
for fiscal year 2022, $632,762,580 for fiscal year 2023, and 
$670,728,334 for fiscal year 2024.
  ``(2) There are authorized to be appropriated to carry out subpart 2 
of part C (relating to home delivered nutrition services) $269,577,167 
for fiscal year 2020, $285,751,797 for fiscal year 2021, $302,896,905 
for fiscal year 2022, $321,070,719 for fiscal year 2023, and 
$340,334,963 for fiscal year 2024.
  ``(c) Grants made under part B, and subparts 1 and 2 of part C, of 
this title may be used for paying part of the cost of--
          ``(1) the administration of area plans by area agencies on 
        aging designated under section 305(a)(2)(A), including the 
        preparation of area plans on aging consistent with section 306 
        and the evaluation of activities carried out under such plans; 
        and
          ``(2) the development of comprehensive and coordinated 
        systems for supportive services, congregate and home delivered 
        nutrition services under subparts 1 and 2 of part C, the 
        development and operation of multipurpose senior centers, and 
        the delivery of legal assistance.
  ``(d) There are authorized to be appropriated to carry out part D 
(relating to disease prevention and health promotion services) 
$26,650,753 for fiscal year 2020, $28,249,798 for fiscal year 2021, 
$29,944,786 for fiscal year 2022, $31,741,473 for fiscal year 2023, and 
$33,645,961 for fiscal year 2024.
  ``(e) There are authorized to be appropriated to carry out part E 
(relating to family caregiver support) $194,331,264 for fiscal year 
2020, $205,991,140 for fiscal year 2021, $218,350,609 for fiscal year 
2022, $231,451,645 for fiscal year 2023, and $245,338,744 for fiscal 
year 2024.''.
  (b) Section 304(a)(3)(D) of the Older Americans Act of 1965 (42 
U.S.C. 3024(a)(3)(D)) is amended--
          (1) in clause (i) by striking ``2017 through 2019'' and 
        inserting ``2020 through 2024'', and
          (2) in clause (ii) by striking ``2020'' and inserting 
        ``2025''.
  (c) Section 311(e) of the Older Americans Act of 1965 (42 U.S.C. 
3030a(e)) is amended to read as follows:
  ``(e) There are authorized to be appropriated to carry out this 
section (other than subsection (c)(1)) $171,682,200 for fiscal year 
2020, $181,983,132 for fiscal year 2021, $192,902,120 for fiscal year 
2022, $204,476,247 for fiscal year 2023, and $216,744,822 for fiscal 
year 2024.''.
  (d) Section 411(b) of the Older Americans Act of 1965 (42 U.S.C. 
3032(b)) is amended to read as follows:
  ``(b) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out--
          ``(1) aging network support activities under this section, 
        $14,549,157 for fiscal year 2020, $15,422,107 for fiscal year 
        2021, $16,347,433 for fiscal year 2022, $17,328,279 for fiscal 
        year 2023, and $18,367,976 for fiscal year 2024; and
          ``(2) elder rights support activities under this section, 
        $15,650,667 for fiscal year 2020, $16,589,707 for fiscal year 
        2021, $17,585,090 for fiscal year 2022, $18,640,195 for fiscal 
        year 2023, and $19,758,607 for fiscal year 2024.''.
  (e) Section 517(a) of the Older Americans Act of 1965 (42 U.S.C. 
3056o(a)) is amended to read as follows:
  ``(a) In General.--There are authorized to be appropriated to carry 
out this title $429,020,486 for fiscal year 2020, $454,761,715 for 
fiscal year 2021, $482,047,418 for fiscal year 2022, $510,970,263 for 
fiscal year 2023, and $541,628,478 for fiscal year 2024.''.
  (f) Section 702 of the Older Americans Act of 1965 (42 U.S.C.3058a) 
is amended to read as follows:

``SEC. 702. AUTHORIZATION OF APPROPRIATIONS.

  ``(a) Ombudsman Program.--There are authorized to be appropriated to 
carry out chapter 2, $18,110,027 for fiscal year 2020, $19,196,629 for 
fiscal year 2021, $20,348,427 for fiscal year 2022, $21,569,332 for 
fiscal year 2023, and $22,863,492 for fiscal year 2024.
  ``(b) Other Programs.--There are authorized to be appropriated to 
carry out chapters 3 and 4, $5,119,287 for fiscal year 2020, $5,426,444 
for fiscal year 2021, $5,752,031 for fiscal year 2022, $6,097,153 for 
fiscal year 2023, and $6,462,982 for fiscal year 2024.''.

SEC. 503. EFFECTIVE DATE.

  This Act shall take effect on October 1, 2019.

                          Purpose and Summary

    The purpose of H.R. 4334, the Dignity in Aging Act of 2019 
(Dignity in Aging Act), is to reauthorize and strengthen the 
Older Americans Act (OAA) to better support the aging 
population and help older individuals and individuals with 
disabilities maintain their independence and live with dignity. 
Between 2006 and 2016, the population of adults aged 60 and 
above increased by 36 percent,\1\ and the population of adults 
aged 65 and above is projected to nearly double between 2016 
and 2060.\2\ With this dramatic demographic shift, Congress 
must ensure that services are available to support this 
population.
---------------------------------------------------------------------------
    \1\Administration for Community Living, 2017 Profile of Older 
Americans 1 (2018), https://acl.gov/sites/default/files/
Aging%20and%20Disability%20in%20America/2017OlderAmericansProfile.pdf.
    \2\Id.
---------------------------------------------------------------------------
    The Dignity in Aging Act updates OAA programs to reflect 
the needs of this growing population and its caregivers by 
ensuring that State Units on Aging (SUAs) and Area Agencies on 
Aging (AAAs) have the tools and flexibility they need to 
provide robust services.
    The Dignity in Aging Act also includes key policies that 
support the health and independence of older Americans. The 
Dignity in Aging Act codifies existing chronic disease self-
management education and falls prevention programs; updates the 
definition of disease prevention and health promotion services 
within OAA; and includes person-centered, trauma-informed care 
as part of the purpose of OAA. It also supports community-level 
interventions that facilitate aging in place, including 
increasing the interagency coordinating committee's focus on 
encouraging age-friendly communities. The Dignity in Aging Act 
strengthens nutrition services programs by clarifying the 
ability of service providers to serve culturally-appropriate, 
medically-tailored meals, and it includes the reduction of 
malnutrition as one of the purposes of OAA's nutrition services 
programs.
    The bill further recognizes the key role family caregivers 
play in maintaining the health and independence of older adults 
and other family members. The Dignity in Aging Act provides 
critical support for family caregivers by extending the 
authorization of the RAISE Family Caregivers Act (P.L. 115-
119), eliminating the funding cap on support services for older 
adult caregivers, and supporting the use of caregiver 
assessments.
    The Dignity in Aging Act strengthens protections for 
vulnerable older adults by providing needed resources and 
clarifications for the State Long-Term Care Ombudsman Program. 
It also supports targeted improvements in OAA's Title VI 
programs serving Native American older adults by funding 
technical assistance for tribal organizations and creating a 
demonstration program to fund the provision of supportive 
services.
    Finally, the Dignity in Aging Act increases funding 
authorization levels for all OAA programs. Despite the dramatic 
shift in age distribution within the U.S. population, funding 
for OAA programs has actually decreased in inflation-adjusted 
terms. Expressed in today's dollars, it has declined from 
$42.95 per senior in Fiscal Year 2010 to approximately $27.25 
in Fiscal Year 2019\3\--a reduction of 36.5 percent.\4\ H.R. 
4334 increases funding for all OAA programs by 7 percent in 
Fiscal Year 2020 and 6 percent every year thereafter.
---------------------------------------------------------------------------
    \3\Persons aged 60 and older are considered seniors for the purpose 
of this calculation. Dollar values are values per senior, not values 
per senior served by OAA programs.
    \4\Analysis based on Kirsten J. Colello & Angela Napili, Cong. 
Research Serv., R43414, Older Americans Act: Overview and Funding 11 
(2018), https://fas.org/sgp/crs/misc/R43414.pdf; U.S. Bureau of the 
Census, American Community Survey 1-Year Estimates Table S0102, https:/
/factfinder.census.gov/faces/nav/jsf/pages/index.xhtml (last visited 
Sept. 27, 2019); Bureau of Labor Statistics, Consumer Price Index for 
All Urban Consumers: All Items, Index 1982-1984=100, Annual, Seasonally 
Adjusted, https://fred.stlouisfed.org (last visited Sept. 27, 2019); 
and Congressional Budget Office, 10-Year Economic Projections, Jan 
2019, https://www.cbo.gov/about/products/budget-economic-data (last 
visited Sept. 27, 2019).
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                            Committee Action


                             115TH CONGRESS

    Two related pieces of legislation were taken up in the 
115th Congress.
    On December 18, 2017, the House agreed by a voice vote to 
suspend the rules and pass H.R. 3759, the RAISE Family 
Caregivers Act, introduced by Rep. Gregg Harper (R-MS-3). The 
bill directs the Department of Health and Human Services (HHS) 
to create a council to develop and make publicly available a 
National Family Caregiving Strategy that identifies recommended 
actions recognizing and supporting family caregivers in a 
manner that reflects their diverse needs. The strategy is 
required to identify recommended actions that federal, state, 
and local governments, communities, health care providers, 
long-term services and supports providers, and others are 
taking, or may take. The bill terminates the council after 
three years.
    On June 13, 2018, the House agreed by a voice vote to 
suspend the rules and pass, as amended, S. 1091, the Supporting 
Grandparents Raising Grandchildren Act, introduced by Sen. 
Susan Collins (R-ME). The bill establishes an Advisory Council 
to Support Grandparents Raising Children. The council must 
identify, promote, coordinate, and publicly disseminate 
information and resources to help older relatives meet the 
needs of the children in their care and maintain their own 
health and resources. The bill terminates the council after 
three years.

                             116TH CONGRESS

    On May 15, 2019, the Committee on Education and Labor's 
(Committee) Subcommittee on Civil Rights and Human Services 
held a legislative hearing entitled ``Examining the Older 
Americans Act: Promoting Independence and Dignity for Older 
Americans.'' The purpose of the hearing was to examine the 
breadth of programs and supports authorized and funded through 
the Older Americans Act that promote the independence and 
dignity of older Americans. The Committee heard testimony from: 
Ms. Lee Girard, MPA:HA, Director of Multnomah County Aging, 
Disability, and Veterans Services; Ms. Stephanie Archer-Smith, 
Executive Director of Meals on Wheels of Central Maryland, 
Inc.; Ms. Grace Whiting, J.D., President and CEO of the 
National Alliance for Caregiving; and Ms. Patricia Ducayet, 
L.M.S.W., Texas State Long-Term Care Ombudsman for Texas Health 
and Human Services.
    On September 13, 2019, Rep. Suzanne Bonamici (D-OR-1) 
introduced H.R. 4334, the Dignity in Aging Act of 2019, with 
Representatives Elise Stefanik (R-NY-21), Susie Lee (D-NV-3), 
James Comer (R-KY-1), Susan Wild (D-PA-7), and Dusty Johnson 
(R-SD-At Large) as original cosponsors. On September 18, 2019, 
the Committee marked up H.R. 4334 and ordered it to be reported 
favorably, as amended, to the House of Representatives by a 
voice vote. The Committee considered the following amendments 
to H.R. 4334.
           Rep. Bonamici offered an Amendment in the 
        Nature of a Substitute (ANS) that made several 
        improvements and clarifications to H.R. 4334. The ANS 
        includes a clarification to the provision creating an 
        inventory of federal programs that support evidence-
        based falls prevention, home assessments, and home 
        modifications to include supports available to older 
        people with disabilities. It includes a new section 
        codifying a national technical assistance center to 
        expand the aging network's capacity to deliver person-
        centered, trauma-informed services that meet the needs 
        of aging trauma survivors. It clarifies that cultural 
        considerations and preferences including religious, 
        cultural, or ethnic requirements should be accommodated 
        to the maximum extent practicable in OAA meal programs. 
        Finally, the ANS corrects an error in the newly created 
        OAA Title VI Part D funding set aside. The ANS, as 
        amended with further amendments described below, was 
        adopted by voice vote.
           Rep. Bonamici offered an amendment making 
        several technical changes and strengthening the 
        language regarding resource center coordination to 
        require state and Administration for Community Living 
        (ACL) reporting on efforts to address and serve the 
        needs of all populations served by centers funded under 
        Title IV. The amendment also requires assurances from 
        AAAs that they will conduct outreach to older 
        individuals at risk for institutional placement, 
        including survivors of the Holocaust. Further, the 
        amendment codifies the existing National Resource 
        Center for Women and Retirement. Lastly, the amendment 
        includes a definition of person-centered, trauma-
        informed services. The amendment was adopted by voice 
        vote.
           Rep. Brett Guthrie (R-KY-2) offered, in 
        coordination with Rep. David Trone (D-MD-6), an 
        amendment adding chronic pain management to the 
        definition of disease prevention and health promotion 
        services. The amendment was adopted by voice vote.
           Rep. Johnson offered, in coordination with 
        Rep. Donna Shalala (D-FL-27), an amendment directing 
        the Assistant Secretary for Aging (Assistant Secretary) 
        to provide technical assistance and share best 
        practices with states and AAAs on how to collaborate 
        and coordinate activities and develop long-range 
        emergency preparedness plans. The amendment was adopted 
        by voice vote.
           Rep. Mark Takano (D-CA-41) offered an 
        amendment to include aging lesbian, bisexual, gay, and 
        transgender (LGBT) individuals to the list of 
        populations of greatest social need enumerated in the 
        statute. The amendment was withdrawn.
           Rep. Joseph Morelle (D-NY-25) offered, in 
        coordination with Rep. Stefanik, an amendment to ensure 
        that information about supports and services is shared 
        with eligible individuals through consumer-friendly 
        resources. The amendment was adopted by voice vote.
           Rep. Glenn Thompson (R-PA-15), offered, in 
        coordination with Rep. Joaquin Castro (D-TX-20), an 
        amendment extending the authorization period of the 
        Supporting Grandparents Raising Grandchildren Act by 
        one year. The amendment was adopted by voice vote.
           Rep. Wild offered an amendment clarifying 
        that screening for suicide risk is included in the 
        definition of disease prevention and health promotion 
        services. The amendment was adopted by voice vote.
           Rep. Fred Keller (R-PA-12) offered an 
        amendment to add screening for fall-related traumatic 
        brain injury, coordination of treatment, rehabilitation 
        and related services, and referral services to the 
        definition of disease prevention and health promotion 
        services; to include a definition of traumatic brain 
        injury in OAA; to add traumatic brain injury screening 
        to allowable supportive services that can be provided 
        by states; and to add public awareness building around 
        traumatic brain injury as an allowable use of grant 
        funds that may be awarded by the Assistant Secretary. 
        The amendment was adopted by voice vote.
           Rep. Josh Harder (D-CA-10) offered an 
        amendment to include caregivers as members of the 
        advisory council on social isolation. The amendment was 
        adopted by voice vote.
           Rep. Lauren Underwood (D-IL-14) offered, in 
        coordination with Rep. Phil Roe (R-TN-1), an amendment 
        adding addressing public health emergencies and 
        emerging health threats to the definition of disease 
        prevention and health promotion services. The amendment 
        was adopted by voice vote.
           Rep. Pramila Jayapal (D-WA-7) offered, in 
        coordination with Rep. Lloyd Smucker (R-PA-11), an 
        amendment to add homelessness prevention services to 
        the focus of the Interagency Coordinating Committee on 
        Age-Friendly Communities. The amendment was adopted by 
        voice vote.

                            Committee Views


                              INTRODUCTION

    The Older Americans Act--first signed into law in 1965--is 
the primary federal statute authorizing the delivery of 
community-based nutrition and supportive services to older 
Americans and their caregivers. It allows older Americans to 
delay or avoid costlier care by promoting healthy behaviors, 
such as chronic disease management, and by providing the 
supportive services that allow seniors to age in place, such as 
support for falls prevention, home modifications, and services 
provided through senior centers.
    In addition to serving older adults broadly, OAA also 
serves individuals with disabilities. Specific OAA services are 
available to individuals with disabilities of any age, 
including persons having physical, mental, or developmental 
disabilities. Available services include access to the State 
Long-Term Care Ombudsman Program (SLTCOP) and Aging and 
Disability Resource Centers (ADRC). Both the SLTCOP and ADRCs 
provide assistance related to planning, care, services, and 
supports. Specifically, the SLTCOP provides advocates for 
residents of long-term care facilities and their families to 
help ensure quality care for individuals. Ombudsmen also work 
to resolve problems related to patient care while preserving 
the confidentiality of patients. ADRCs operate as a network of 
information and access for those seeking long-term support and 
services. Most importantly, ADRCs disseminate accurate 
information for aging persons and persons with disabilities. 
These entities serve communities throughout the country and are 
a necessary part of efficiently serving older Americans as well 
as Americans with disabilities.
    The Older Americans Act includes language requiring states 
and AAAs to prioritize services for certain populations, 
including populations of greatest social need. In 2012, the 
Administration on Aging (AoA) recognized that ``[w]hile the 
definition of greatest social need' in the Older Americans Act 
includes isolation caused by racial or ethnic status, the 
definition is not intended to exclude the targeting of other 
populations that experience cultural, social, or geographic 
isolation due to other factors.''\5\ To the contrary, AoA 
stated that pursuant to the statutory requirement ``each 
planning and service area must assess their particular 
environment to determine those populations best targeted based 
on greatest social need.'''\6\ The Committee agrees with this 
guidance and reiterates the requirement for states and AAAs to 
assess the needs of their service area and conduct appropriate 
outreach to ensure populations of greatest social need are 
being reached.
---------------------------------------------------------------------------
    \5\U.S. Department of Health and Human Services Administration for 
Community Living, Older Americans Act (2017), https://acl.gov/about-
acl/authorizing-statutes/older-americans-act (see Targeting 
subsection).
    \6\Id.
---------------------------------------------------------------------------
    The services provided through OAA remain important given 
the demographic shift in the United States. The population of 
Americans aged 60 and over has grown more than 60 percent since 
2001,\7\ and adults aged 65 and older are projected to make up 
more than 20 percent of the total U.S. population by 2030.\8\ 
Older Americans also now have longer lifespans than previous 
generations; in 2016, a 60-year-old could expect to live an 
additional 23.3 years, which is nearly a full year longer 
compared to someone that age a decade earlier.\9\
---------------------------------------------------------------------------
    \7\AARP Policy Institute, Older Americans Act 3 (2019), https://
www.aarp.org/content/dam/aarp/ppi/2019/02/older-americans-act.pdf.
    \8\AARP, Baby Boomer Facts and Figures 1 (2019), https://
www.aarp.org/livable-communities/info-2014/livable-communities-facts-
and-figures.html.
    \9\Supra at 4.
---------------------------------------------------------------------------
    Programs under OAA have helped increase the health and 
independence of seniors, which also results in long-term 
government savings. According to an AARP study, 90 percent of 
people age 65 and over would prefer to stay in their own homes 
as they get older.\10\ In an evaluation of the nutrition 
services programs under OAA Title III, more than six in ten 
congregate meal recipients and nine in ten home-delivered meal 
recipients reported that the program enabled them to continue 
living in their own home.\11\ In addition, studies show that 
the Meals on Wheels program prevents falls, which cost the U.S. 
$50 billion each year,\12\ and reduces hospitalizations by 33 
percent.\13\ Moreover, the cost of serving one senior through 
Meals on Wheels for an entire year is equivalent to the cost of 
just one day in a hospital, and two weeks in an institutional 
care setting.\14\
---------------------------------------------------------------------------
    \10\Supra at 7.
    \11\U.S. Department of Health and Human Services Administration for 
Community Living, FY 2015 Report to Congress: Older Americans Act, 
https://ltcombudsman.org/uploads/files/support/FY15OAAReportCongress-
2017-1-24.pdf.
    \12\Meals on Wheels America, Factsheet (2016), https://
www.mealsonwheelsamerica.org/docs/default-source/fact-sheets/2012/mow-
factsheet-national2016.pdf?sfvrsn=2; Examining the Older Americans Act: 
Promoting Independence and Dignity for Older Americans Before the 
Subcomm. on Civil Rights and Human Services of the H. Comm. on Educ. 
And Labor, 116th Cong. (2019) (written testimony of Stephanie Archer-
Smith at 3).
    \13\Examining the Older Americans Act: Promoting Independence and 
Dignity for Older Americans Before the Subcomm. on Civil Rights and 
Human Services of the H. Comm. on Educ. And Labor, 116th Cong. (2019) 
(written testimony of Stephanie Archer-Smith at 4).
    \14\Quentin Fottrell, This is how much it costs `Meals on Wheels' 
to feed one elderly person for a year, MarketWatch (March 2017), 
https://www.marketwatch.com/story/this-is-how-much-it-costs-meals-on-
wheels-to-feed-one-elderly-person-for-a-year-2017-03-16.
---------------------------------------------------------------------------
    In addition to making up a greater percentage of the 
population and living longer, many older Americans are also 
facing economic strain. According to the U.S. Census Bureau's 
Supplemental Poverty Measure, more than 14 percent of adults 
aged 65 and older live in poverty.\15\ Approximately 24 percent 
of low-income older adults are food insecure, according to a 
2015 report by the Government Accountability Office (GAO).\16\ 
Despite these troubling statistics, few are able to access 
critical services available through the Older Americans Act. 
The same GAO report found that 83 percent of low-income older 
adults who are food insecure do not receive any meal services 
through OAA, and two in three Americans aged 60 and over who 
struggle with activities of daily living receive limited or no 
home-based care.\17\
---------------------------------------------------------------------------
    \15\Kaiser Family Foundation, How Many Seniors Live in Poverty? 1 
(2018), http://files.kff.org/attachment/Issue-Brief-How-Many-Seniors-
Live-in-Poverty.
    \16\U.S. Government Accountability Office, Older Americans Act: 
Updated Information on Unmet Need for Services 4 (2015), https://
www.gao.gov/assets/680/670738.pdf.
    \17\Id.
---------------------------------------------------------------------------
    The Dignity in Aging Act seeks to reverse these trends and 
ensure that older Americans and their families have access to 
the supports they need. To achieve this goal, the bill builds 
upon current OAA programs that promote the health and 
independence of older adults, provides increased support for 
family caregivers, strengthens protections against abuse and 
neglect of older adults, and sets aside dedicated resources for 
tribal organizations to provide supportive services.
    Most importantly, the Dignity in Aging Act includes funding 
authorization levels so that funding may keep pace with the 
growing older adult population, even after adjusting for 
inflation. By adjusting funding to account for the rising 
number of older Americans and their needs, the Dignity in Aging 
Act provides seniors the ability to live independently and 
safely at home while increasing the effectiveness of taxpayer 
funds.

       SUPPORTING THE HEALTH AND INDEPENDENCE OF OLDER AMERICANS

    H.R. 4334 includes several policies designed to improve the 
health and preserve the independence of older adults and 
individuals with disabilities. The Dignity in Aging Act 
clarifies the definition of disease prevention and health 
promotion services under OAA, incorporates reducing 
malnutrition into the purpose of OAA Title III nutrition 
services, clarifies the availability of certain services for 
individuals with early-onset Alzheimer's disease, and codifies 
evidence-based interventions for chronic disease self-
management education and falls prevention. Falls prevention and 
chronic disease self-management education programs are 
currently authorized through broad authority under OAA and 
receive mandatory funding through the Prevention and Public 
Health Fund, funded under the Patient Protection and Affordable 
Care Act of 2010. It is the Committee's view that these 
programs should continue to receive this funding.
    Provisions of the Dignity in Aging Act incorporate a focus 
on person-centered, trauma-informed care and serving survivors 
of trauma into OAA. The Substance Abuse and Mental Health 
Services Administration describes trauma as resulting from ``an 
event, series of events, or set of circumstances that is 
experienced by an individual as physically or emotionally 
harmful or life threatening with lasting adverse effects on the 
individual's functioning and mental, physical, social, 
emotional, or spiritual well-being.''\18\ It is estimated that 
up to 90 percent of older adults have experienced at least one 
traumatic event during their lives.\19\ This includes refugees, 
military veterans, and survivors of historical traumas such as 
genocide, racial discrimination, and other forms of violence.
---------------------------------------------------------------------------
    \18\U.S. Department of Health and Human Services Substance Abuse 
and Mental Health Services Administration, Trauma and Violence 1 
(2019), https://www.samhsa.gov/trauma-violence.
    \19\F. H. Norris, Epidemiology of Trauma: Frequency and Impact of 
Different Potentially Traumatic Events on Different Demographic Groups, 
60 Journal of Consulting and Clinical Psychology 409, 409-18 (1992).
---------------------------------------------------------------------------
    The term historical trauma refers to emotional and 
psychological harm to entire communities and groups of people 
due to historical violence and oppression, systemic abuse, and 
injustice.\20\ It is critical for the aging services network to 
be equipped to appropriately serve diverse populations impacted 
by trauma.
---------------------------------------------------------------------------
    \20\Supra at 14.
---------------------------------------------------------------------------
    To this end, H.R. 4334 authorizes the implementation of a 
national technical assistance center devoted to expanding the 
aging services network's capacity to deliver person-centered, 
trauma-informed services that meet the needs of aging trauma 
survivors, including Holocaust survivors.
    The Dignity in Aging Act clarifies that the aging network 
should provide appropriate resources and support to the 
populations specifically served by resource centers funded 
under Title IV of OAA. Many of the populations served by these 
centers face unique challenges and barriers to services and it 
is the Committee's belief that these provisions will help the 
aging network to better identify and meet their needs. For 
example, LGBT individuals face disproportionate rates of 
physical and mental health conditions,\21\ social 
isolation,\22\ and poverty.\23\ Yet they are only 20 percent as 
likely to access government services, including meal programs 
and senior centers.\24\As another example, the number of deaths 
from Alzheimer's increased by 145 percent from 2000 to 2017, 
while only 16 percent of seniors receive regular cognitive 
assessments during routine health check-ups. These examples, 
and many others, demonstrate the necessity of the resource 
centers funded by ACL. The Dignity in Aging Act requires SUAs 
and AAAs to collect data on the services needed by the 
populations whose needs are the focus of the centers funded by 
Title IV of OAA and to conduct outreach to identify individuals 
eligible for assistance under OAA, with an emphasis on 
populations served by the Title IV centers. Additionally, it 
requires the Assistant Secretary to publish aggregated data and 
information on the efforts of the aging network in serving 
these populations.
---------------------------------------------------------------------------
    \21\Karen I. Fredriksen-Goldsen et al., Health Disparities Among 
Lesbian, Gay, and Bisexual Older Adults: Results from a Population-
Based Survey, 103 American Journal of Public Health 1802, 1804-07 
(2013). Karen I. Fredriksen-Goldsen et al., Physical and Mental Health 
of Transgender Older Adults: An At-Risk and Underserved Population, 54 
The Gerontologist 488, 493-96 (2014).
    \22\Mark Brennan-Ing et al., Social Care Networks and Older LGBT 
Adults: Challenges for the Future, 61 Journal of Homosexuality 21, 21-
52 (2013).
    \23\Brad Sears, Beyond Stereotypes: Poverty in the LGBT Community, 
(June 2012), https://williamsinstitute.law.ucla.edu/williams-in-the-
news/beyond-stereotypes-poverty-in-the-lgbt-community/.
    \24\LGBT Movement Advancement Project & Services and Advocacy for 
Gay, Lesbian, Bisexual and Transgender Elders (MAP & SAGE), Improving 
the Lives of LGBT Older Adults 5 (2010), www.lgbtmap.org/file/
improving-the-lives-of-lgbt-older-adults.pdf.
---------------------------------------------------------------------------
    Provisions of H.R. 4334 clarify that vaccination, 
malnutrition screening, social isolation screening, chronic 
pain management, screening for suicide risk, screening for 
traumatic brain injury, and public health emergency response 
are all included in the definition of disease prevention and 
health promotion services under OAA. The Dignity in Aging Act 
additionally adds reducing malnutrition to the purpose of OAA's 
nutrition service programs, in recognition of the fact that 
malnutrition is distinct from food insecurity and is a highly 
prevalent and costly health concern among older adults that can 
worsen quality of life and exacerbate other health conditions.
    The Committee acknowledges the critical role and 
effectiveness of OAA-funded nutrition services programs, which 
include both congregate and home-delivered meals. The Dignity 
in Aging Act continues support for these important programs, 
and it clarifies that providers have the authority to serve 
culturally-appropriate and medically-tailored meals. 
Culturally-appropriate meals that meet religious and other 
needs are important to preserving the dignity of older adults 
and ensuring that investments in nutrition programs are meeting 
the needs of the population. Medically-tailored meals are 
particularly important for the older adult population, many of 
whom are impacted by multiple chronic diseases with dietary 
implications such as diabetes, HIV-AIDS, and cancer. Studies 
have shown that the receipt of medically-tailored meals has 
reduced hospital and skilled nursing facility admissions as 
well as overall medical spending.\25\
---------------------------------------------------------------------------
    \25\Seth A. Berkowitz et al., Association Between Receipt of a 
Medically Tailored Meal Program and Health Care Use, 179 JAMA Internal 
Medicine 786, 788-92 (2019).
---------------------------------------------------------------------------
    The Dignity in Aging Act also creates a National Research, 
Demonstration, and Evaluation Center for the Aging Network 
under the Assistant Secretary. In creating this center, the 
Committee recognizes the vital need to coordinate research, 
demonstration, and evaluation activities authorized throughout 
OAA, and ensure resources are dedicated to building the 
evidence base of effective programs. Expanding the evidence 
base is particularly important to ensure the needs of 
underserved populations are being met. It is also the intention 
of the Committee that the center will collaborate, as 
appropriate, with community-based health organizations on 
project planning and implementation. The director of the center 
shall be an individual designated by the Assistant Secretary, 
who may be either an existing employee of the administration or 
a new hire.
    The Dignity in Aging Act also requires the Assistant 
Secretary to establish an initiative to coordinate federal 
resources dedicated to helping older adults, including those 
with disabilities, live safely and independently at home. This 
includes the coordination of falls prevention, home assessment, 
and home modification efforts. The Committee recognizes the 
importance of falls prevention and home modification efforts 
and acknowledges that the federal government is currently 
dedicating resources to these efforts. The Committee's 
intention is to assess the current federal efforts in this 
area, promote coordination, and identify any potential gaps in 
services.
    Additionally, the Dignity in Aging Act provides support for 
age-friendly communities, which are communities taking specific 
steps to support their older adult residents in areas such as 
transportation, housing, and accessible spaces. Community-level 
supports and accommodations are a critical part of helping 
older adults, including those with disabilities, remain in 
their homes and communities as long as possible, and age-
friendly communities are intentionally focusing on ensuring 
that these supports are available.
    The Committee recognizes social isolation as a significant 
health concern for older adults. Research has demonstrated 
detrimental impacts of social isolation on health, including 
increasing the risk of premature death (by between 60 and over 
200 percent),\26\ stroke or coronary heart disease (by 30 
percent),\27\ and dementia (by 40 percent).\28\ The Dignity in 
Aging Act makes needed changes to the Older Americans Act to 
address this problem. Specifically, the legislation allows for 
demonstration projects to test local solutions, includes social 
isolation screening in the definition of disease prevention and 
health promotion and health screening for the purposes of 
supportive services and senior centers, and requires the 
Assistant Secretary to convene a working group and develop 
objectives and plans to address social isolation. It is the 
Committee's view that in addressing social isolation, the aging 
network should engage with individuals in a manner consistent 
with their needs and preferences, including such individuals' 
choice to live in remote or rural areas.
---------------------------------------------------------------------------
    \26\Kassandra I. Alcaraz et al., Social Isolation and Mortality in 
US Black and White Men and Women, 188 American Journal of 
Epidemiology102, 104-07 (2019).
    \27\Nicole K. Valtorta et al., Loneliness and Social Isolation as 
Risk Factors for Coronary Heart Disease and Stroke: Systemic Review and 
Meta-Analysis of Longitudinal Observational Studies, 102 Heart 1009, 
1012-14 (2016).
    \28\Angelina R. Sutin et al., Loneliness and Risk of Dementia, The 
Journals of Gerontology Series b, 1, 4-7 (2018).
---------------------------------------------------------------------------
    The Senior Community Service Employment Program (SCSEP) 
also plays a key role in promoting the independence of older 
adults through part-time community service employment 
opportunities. In recognition of the increased barriers to 
employment and community engagement faced by justice-involved 
individuals, the Committee added this population as a priority 
for SCSEP in the legislation. For the purposes of this 
provision, ``individuals who have been incarcerated or are 
under supervision following the release from prison or jail'' 
means any individual aged 55 years and over who is an ex-
offender as described in section 3(24)(F) of the Workforce 
Innovation and Opportunity Act, who was previously incarcerated 
and released from prison or jail or is currently under 
supervision (which includes individuals confined in a 
correctional facility with a release date within six months, 
residing in a residential reentry center, on electronic 
monitoring or home-based monitoring, on probation or parole, or 
enrolled in a jail-based work release center).
    The Committee recognizes the importance of the business 
acumen work being conducted by the Administration on Community 
Living and AAAs as an important piece of leveraging funding to 
support the aging population. The Dignity in Aging Act 
authorizes these activities and makes clarifications regarding 
outside funding for AAAs.
    According to a survey by T. Rowe Price, the median 401(k) 
savings balance for women ages 54 or older is $59,000 compared 
to $138,000 for men in the same age category.\29\ Since 1998, 
the Administration on Aging has funded a National Resource 
Center on Women and Retirement Planning in order to address 
this gender gap in retirement savings and ensure women can 
retain their independence as they age. The Dignity in Aging Act 
codifies this existing center into law.
---------------------------------------------------------------------------
    \29\T. Rowe Price, Focus on Gender: Retirement Savings and Spending 
4: Financial Behavior & Attitudes 12 (2019), https://
www.troweprice.com/content/dam/trowecorp/
RSS4%20Gender%20Differences%20Deck_FINAL.pdf.
---------------------------------------------------------------------------

                      SUPPORTING FAMILY CAREGIVERS

    Family caregivers provide critical long-term care and 
support for aging adults and people with disabilities. Middle-
age family caregivers who may simultaneously be financially 
supporting or responsible for an aging parent and a dependent 
child or adult children face unique obstacles to caregiving, 
and make up nearly half of all adults in their 40s and 50s.\30\ 
Another population of caregivers in need of particular 
attention are older relative caregivers, often grandparents, 
who are raising children as they age. Between 2006 and 2016, 
the percentage of children in foster care raised in 
grandfamilies or kinship care grew from approximately 24 
percent to approximately 32 percent.\31\ Nationally, more than 
2.5 million children are being raised by grandparents, aunts, 
uncles, siblings and other extended family and close 
relatives.\32\ This increase has been attributed to the 
nation's opioid epidemic.\33\ The legislation eliminates the 10 
percent funding cap that currently limits support under the 
National Family Caregiver Support Program (NFCSP) for older 
relative caregivers. This will allow for local flexibility in 
meeting communities' needs. In recognition of the importance of 
assessing the impact resulting from elimination of the cap, the 
Committee also included a requirement for the Assistant 
Secretary to report on the impact of the change and the 
resulting share of federal funds directed to family caregivers 
as compared to older relative caregivers.
---------------------------------------------------------------------------
    \30\Pew Research Center, The Sandwich Generation: Rising Financial 
Burdens for Middle-Aged Americans 1 (2013) https://www.pewresearch.org/
wp-content/uploads/sites/3/2013/01/Sandwich_Generation_Report_FINAL_1-
29.pdf.
    \31\Generations United, Grandfamilies Statistics: Key Graphs and 
Statistics for Grandfamilies, https://www.gu.org/grandfamilies-
statistics/ (last visited Sept. 27, 2019).
    \32\U.S. Department of Health and Human Services Administration for 
Children and Families, Working With Kinship Caregivers 2 (2018), 
https://www.childwelfare.gov/pubPDFs/kinship.pdf.
    \33\Generations United, Raising the Children of the Opioid 
Epidemic: Solutions and Support for Caregivers 1 (2016), https://
www.gu.org/app/uploads/2018/05/Grandfamilies-Report-SOGF-2016.pdf.
---------------------------------------------------------------------------
    Provisions of H.R. 4334 provide much-needed support to 
family caregivers by supporting the appropriate use of 
caregiver assessments. This provision responds to findings from 
the 2018 evaluation of the National Family Caregiver Support 
Program, which showed that ``there is room for improvement and 
for standardization among NFCSP AAAs and providers in assessing 
and reassessing the impact of caregiving on the caregiver's 
health and well-being.''\34\ The Committee worked carefully 
with stakeholders to ensure that the language is not overly 
prescriptive and will not harm efforts currently underway to 
support caregivers through assessments and reassessments. 
Instead, the provisions support the appropriate and voluntary 
use of assessments, provide technical assistance, and call for 
a report to inform policymakers on the current use of 
assessments and their impact.
---------------------------------------------------------------------------
    \34\Cecilia Avison et al., Outcome Evaluation of the National 
Family Caregiver Support Program 1-2 (2018), https://acl.gov/sites/
default/files/programs/2018-12/
Caregiver_Outcome_Evaluation_Final_Report.pdf.
---------------------------------------------------------------------------

                     SUPPORTING DIRECT CARE WORKERS

    By 2024, 5.2 million direct care workers will be needed 
across all care settings to fulfill the needs of the growing 
population of older Americans and people with disabilities.\35\ 
The Dignity in Aging Act presents a unique opportunity to 
recruit, retain, and advance older adult workers to help fill 
crucial roles in direct care. The potential of this concept has 
been illustrated by a 2007 Senior Community Service Education 
Program (SCSEP) demonstration project administered by the 
Department of Labor (DOL). DOL awarded funding for a Healthcare 
Workforce Development Project to the National Council on Aging 
to support both SCSEP-eligible and non-eligible mature workers 
in finding employment as community health workers through 
SCSEP. At its conclusion, the project had served 424 
individuals and secured unsubsidized employment for 73 percent 
of them, primarily as direct care workers in long-term care 
settings.\36\ Given the success of this pilot project and the 
urgent need for more direct care workers to meet the needs of 
older adults, the Dignity in Aging Act adds projects that 
expand and improve the direct care workforce as an allowable 
use to the list of authorized grant programs and demonstration 
projects under Title IV and Title V of OAA. By incorporating 
direct care demonstration projects into Title IV of OAA, the 
Dignity in Aging Act also provides the Assistant Secretary for 
Aging with the authority to conduct demonstration projects 
within ACL, in recognition of the critical need to increase the 
direct care workforce to support the health of aging Americans. 
It is the Committee's view that such projects should be 
implemented to build off the success of the 2007 pilot program.
---------------------------------------------------------------------------
    \35\PHI, Federal Policy Priorities: Strengthening the Direct Care 
Workforce 1 (2017), https://phinational.org/resource/federal-policy-
priorities-strengthening-the-direct-care-workforce/.
    \36\National Council on Aging, Securing Healthcare Jobs for Mature 
Workers: The Public/Private Sector Approach 3 (2011), https://
www.ncoa.org/wp-content/uploads/Securing-Health-Care-Jobs-Issue-
Brief.pdf.
---------------------------------------------------------------------------

                      PREVENTING ABUSE AND NEGLECT

    It is estimated that 10 percent of older adults experience 
elder abuse, including physical abuse, psychological or verbal 
abuse, sexual abuse, financial exploitation, and neglect.\37\ 
The Older Americans Act combats elder abuse by funding the 
National Center on Elder Abuse and providing states with grants 
to conduct elder justice activities, including elder abuse 
prevention. OAA also authorizes the State Long-Term Care 
Ombudsman Program that investigates and resolves complaints by 
residents of nursing facilities and other community residential 
care facilities. The Dignity in Aging Act strengthens the State 
Long-Term Care Ombudsman Program by updating minimum funding 
and maintenance of effort provisions.
---------------------------------------------------------------------------
    \37\Mark S. Lachs and Karl Pillemer, Elder Abuse, 373 New England 
Journal of Medicine 1947, 1947-49 (2015).
---------------------------------------------------------------------------
    It is the Committee's understanding that a State Long-Term 
Care Ombudsman may report and also refer to the appropriate 
federal, state, or local authorities violations of law that 
negatively impact and diminish the care being provided, or may 
pose a threat to the residents of a long-term care facility. 
Therefore, the Committee recognizes that ombudsman may act to 
protect workers who are victims of wage or hour violations in 
instances where care for residents is implicated.

              MEETING THE NEEDS OF OLDER NATIVE AMERICANS

    Native American populations face disproportionate rates of 
poor health conditions as well as lower income rates than non-
Native American populations. An analysis of data between 1990 
and 2009 showed that American Indians and Alaska Natives 
experienced an approximately 46 percent greater all-cause 
mortality rate than white individuals over this time 
period.\38\ As of 2017, median household income for Native 
Americans was less than 70 percent that of households overall--
$41,882 per year compared to $60,336.\39\ Native Americans also 
experienced poverty rates at more than twice the rate of the 
overall population, with 25.4 percent of Native Americans 
living in poverty in 2017.\40\ In addition, the Committee 
recognizes the particular need to support Native American 
caregivers caring for family members with Alzheimer's disease 
due to the disproportionate impact of this disease on the 
Native American population.\41\ The Dignity in Aging Act 
supports Native American older adults by funding technical 
assistance for tribal organizations and creating a 
demonstration program to fund the provision of supportive 
services. Specifically, a new Part D in Title VI of OAA 
authorizes demonstration projects to fund the implementation of 
supportive services by tribal and Native Hawaiian 
organizations. Funds are provided for the new Part D through a 
5 percent set aside of funds appropriated for Parts A and B of 
Title VI of OAA.
---------------------------------------------------------------------------
    \38\Feyaz Sancar et al., Mortality Among American Indians and 
Alaska Natives, 319 Journal of the American Medical Association 112, 
112 (2018).
    \39\Valerie Wilson, Digging into the 2017 ACS: Improved Income 
Growth for Native American, but Lots of Variation in the Pace of 
Recovery for Different Asian Ethnic Groups, Working Economics Blog 
(Sept. 14, 2018, 4:27 PM), https://www.epi.org/blog/digging-into-2017-
acs-income-native-americans-asians/.
    \40\Talk Poverty, Basic Statistics, https://talkpoverty.org/basics/ 
(last visited Sept. 27, 2019).
    \41\Elizabeth Rose Mayeda et al., Inequalities in Dementia 
Incidence Between Six Racial and Ethnic Groups Over 14 Years, 12 The 
Journal of the Alzheimer's Association 216, 218-24 (2016) https://
www.alzheimersanddementia.com/article/S1552-5260%2815%2903031-9/
abstract.
---------------------------------------------------------------------------

                               CONCLUSION

    The Committee has a duty and obligation to protect and 
support older Americans in maintaining their health and 
independence as they age. As the aging population continues to 
grow, it is crucial that Congress make available additional 
resources to meet the needs of the population through updates 
and changes that strengthen the key federal law supporting this 
population. It is also important for Congress to respond to the 
changing needs of the population in light of the opioid 
epidemic and other factors that have added new challenges to 
the lives of older Americans. The Dignity in Aging Act creates 
a new, robust authority for innovation and evaluation under ACL 
and provides critical federal funding for supportive services 
and nutrition programs for older adults and their caregivers. 
It increases supports for family and older relative caregivers 
and addresses key public health issues such as social isolation 
and its associated health impacts. The Dignity in Aging Act 
provides key protections for vulnerable older adults and 
provides new focused resources for supportive services for 
aging Native Americans in recognition of the significant unmet 
needs in this population. Finally, it makes critical funding 
increases in OAA programs to address the needs of the growing 
population of older adults.

                      Section-by-Section Analysis


Section 1. Short title

    This section states that the title of the bill is the 
Dignity in Aging Act of 2019.

Section 101. Person-centered, trauma-informed care

    This section adds access to person-centered, trauma-
informed care to the objectives of OAA.

Section 102. Vaccination

    This section adds immunization status screening to the list 
of routine health screenings allowed under the definition of 
disease prevention and health promotion.

Section 103. Functions of Assistant Secretary

    This section clarifies that the Assistant Secretary for 
Aging at the Department of Health and Human Services (Assistant 
Secretary) shall not approve grant applications for programs 
that have received previous grants unless programs meet certain 
standards. The section further requires the Assistant Secretary 
to publish a list of resource centers as well as demonstration 
projects funded through OAA on an annual basis. Additionally, 
this section directs the Assistant Secretary to provide 
technical assistance and share best practices with states and 
AAAs on how to collaborate and coordinate activities and 
develop long-range emergency preparedness plans.

Section 104. Professional standards for nutrition official under the 
        Assistant Secretary

    This section ensures that the nutrition official under the 
Assistant Secretary is a Registered Dietitian/Registered 
Dietitian Nutritionist.

Section 105. Interagency Coordinating Committee on Age-Friendly 
        Communities

    This section re-names the Interagency Coordinating 
Committee on Aging as the Interagency Coordinating Committee on 
Age-Friendly Communities and tasks the Committee with 
coordinating efforts to promote safe and accessible independent 
living environments.

Section 106. Technical assistance on age-friendly communities

    This section allows the Assistant Secretary to provide 
technical assistance to state agencies, AAAs, local 
governments, and leaders in age-friendly communities to 
implement best practices and the recommendations of the 
Interagency Coordinating Committee.

Section 107. Malnutrition

    This section clarifies that screening for malnutrition is 
included as part of nutrition screening within broader routine 
health screening in the definition of disease prevention and 
health promotion services. Additionally, this section adds 
reducing malnutrition to the purpose of OAA's nutrition 
services programs.

Section 108. Coordination with resource centers

    This section requires states and AAAs to collect data on 
the services needed by the populations whose needs are the 
focus of the centers funded by Title IV of OAA; it also 
requires states and AAAs to conduct outreach to identify 
individuals eligible for assistance under OAA, with an emphasis 
on these populations.

Section 109. Arts education

    This section clarifies that arts education is an authorized 
activity as part of the functions of the Assistant Secretary 
and that cultural experiences--including the arts--are included 
in the definition of supportive services.

Section 110. Social determinants of health

    This section adds social determinants of health to the 
purpose of Title III of OAA.

Section 111. Federal coordination of supports and services for living 
        independently and safely at home

    This section creates an initiative under the Assistant 
Secretary to coordinate federal resources to promote the 
independence and safety of adults living at home as they age, 
including falls prevention, home assessments, and home 
modifications.

Section 112. Falls Prevention and Chronic Disease Self-Management 
        education

    This section provides an authorization for the currently 
funded Falls Prevention and Chronic Disease Self-Management 
programs.

Section 113. Extension of RAISE Family Caregivers Act

    This section extends by one year the authorization of the 
RAISE Family Caregivers Act, which requires the Secretary of 
Health and Human Services to develop a National Family 
Caregiving Strategy and convene a Family Caregiving Advisory 
Council.

Section 114. Support for socially-isolated older americans

    This section adds social isolation screening to the 
definition of disease prevention and health promotion services.

Section 115. Increased focus of Assistant Secretary on social isolation

    This section adds a requirement for the Assistant Secretary 
to develop objectives and a long-term plan to improve the 
prevention of, detection of, and response to social isolation.

Section 116. Advisory council on social isolation

    This section requires the Assistant Secretary to convene an 
advisory council on social isolation and loneliness tasked with 
identifying best practices to address these challenges.

Section 117. Supportive services and senior centers

    This section adds social isolation to the definition of 
health screening for the purposes of grant-making authority to 
senior centers and supportive services in Title III of OAA.

Section 118. Demonstration projects

    This section adds projects that address social isolation 
and loneliness among older adults to the list of authorized 
grant programs under Title IV of OAA. Additionally, this 
section repeals section 416 of OAA, which is a technical 
assistance program that has never received funding.

Section 119. Younger onset Alzheimer's disease

    This section clarifies that family caregivers include adult 
caregivers for individuals of any age with Alzheimer's disease 
for the purposes of OAA. Additionally, this section clarifies 
that individuals of any age with Alzheimer's disease can be 
served by the State Long-Term Care Ombudsman Program.

Section 120. Priority for the Senior Community Service Employment 
        Program

    This section adds individuals who are justice-involved as a 
priority population for the Senior Community Service Employment 
Program.

Section 121. Direct care workforce

    This section adds projects that expand and improve the 
direct care workforce to the list of authorized grant programs 
and demonstration projects under Title IV and Title V of OAA.

Section 122. National resource center for older individuals 
        experiencing the long-term and adverse consequences of trauma

    This section authorizes the implementation of a national 
technical assistance center devoted to expanding the aging 
services network's capacity to deliver person-centered, trauma-
informed services that meet the needs of older individuals 
experiencing the long-term and adverse consequences of trauma.

Section 123. National Resource Center for Women and Retirement

    This section codifies the existing National Resource Center 
for Women and Retirement, which provides financial management, 
retirement planning, and other educational tools to support 
women and their families.

Section 124. Definition

    This section defines the term ``person-centered, trauma-
informed.''

Section 125. Review of reports

    This section requires the Assistant Secretary to review 
reports submitted under section 307(a)(31) of OAA in relation 
to data collection and outreach efforts to older individuals 
whose needs are the focus of all centers funded under Title IV 
of OAA.

Section 126. Area plans

    This section adds Holocaust survivors to individuals to 
whom AAAs must conduct outreach.

Section 127. Addressing chronic pain management

    This section adds chronic pain management to the definition 
of disease prevention and health promotion services.

Section 128. Extension of the Supporting Grandparents Raising 
        Grandchildren Act

    This section extends the authorization period of the 
Supporting Grandparents Raising Grandchildren Act by one year.

Section 129. Screening for suicide risk

    This section clarifies that screening for suicide risk is 
included in the definition of disease prevention and health 
promotion services.

Section 130. Traumatic brain injury

    This section adds a definition for traumatic brain injury 
to OAA and adds brain injury screening to the list of allowable 
services performed with state grants.

Section 131. Addressing public health emergencies and emerging health 
        threats

    This section adds public health emergencies and emerging 
health threats to the definition of disease prevention and 
health promotion services.

Section 201. National Family Caregiver Support Program cap

    This section eliminates the cap on Title III-E National 
Family Caregiver Support Program resources that can be 
allocated toward older relative caregivers, which is currently 
set at 10 percent of total federal and non-federal funding. 
This section further requires the Assistant Secretary to submit 
a report to Congress on the impact of lifting this cap.

Section 202. Minimum funding level for state administrative expenses

    This section increases the minimum funding level for state 
administrative expenses from $500,000 to $750,000.

Section 203. Culturally-appropriate, medically-tailored meals

    This section acknowledges flexibility for meal planning to 
address cultural, religious, or ethnic considerations and 
preferences and medically-tailored meals in Title III-C 
nutrition programs.

Section 204. Business acumen provisions and clarification regarding 
        outside funding for Area Agencies on Aging

    This section provides support for capacity building for 
AAAs. It also clarifies that AAAs can engage in the provision 
of privately paid services or services covered by other health 
care and Long-Term Supports and Services payers outside of 
their OAA funding.

Section 205. Other practices

    This section requires state agencies to provide state 
policies to AAAs upon request.

Section 206. Caregiver assessments

    This section defines and allows for the use of caregiver 
assessments in the provision of caregiver support services. 
Additionally, this section requires the Assistant Secretary to 
issue technical assistance and a report on the use of caregiver 
assessments.

Section 207. Research and evaluation

    This section establishes a National Research, 
Demonstration, and Evaluation Center for the Aging Network in 
the Office of the Assistant Secretary. The Center is tasked 
with conducting, promoting, and coordinating research, research 
dissemination, evaluation, demonstration projects, and related 
technical assistance throughout OAA.

Section 208. Grant program for multigenerational collaboration

    This section authorizes the Assistant Secretary to award 
grants to provide opportunities for older individuals to 
participate in multigeneration activities and civic engagement 
activities.

Section 301. State Long-Term Care Ombudsman Program minimum funding and 
        maintenance of effort

    This section updates minimum funding and maintenance of 
effort provisions for the State Long-Term Care Ombudsman 
Program.

Section 302. State long-term care volunteer ombudsman representatives

    This section recognizes the use of volunteer 
representatives in the ombudsman program by clarifying that OAA 
funds can be used for volunteer transportation and other 
volunteer expenses.

Section 303. Clarification regarding board and care facilities

    This section clarifies that board and care facilities are 
included within the definition of assisted living facility 
under OAA.

Section 401. Expanding supportive services for Native American aging 
        programs

    This section creates a demonstration program (new Part D) 
to provide grants to tribal organizations to provide in-home 
and supportive services. The new Part D receives a 5 percent 
set-aside from funds provided for Parts A and B, which receive 
additional funding to accommodate the set aside.

Section 402. Enhancing capacity to support Native American aging 
        programs

    This section provides an additional $500,000 for Fiscal 
Year 2020 for technical assistance for tribal organizations 
implementing OAA programs.

Section 501. Assistive technology

    The section updates OAA's reference to the Assistive 
Technology Act of 2004.

Section 502. Technical corrections

    This section makes technical and conforming amendments.

Section 503. Authorization of appropriations; Uses of funds

    This section authorizes appropriations for programs under 
OAA.

Section 504. Effective date

    This section states that the Dignity in Aging Act of 2019 
shall take effect on October 1, 2019.

                       Explanation of Amendments

    The amendments, including the amendment in the nature of a 
substitute, are explained in the descriptive portions of this 
report.

              Application of Law to the Legislative Branch

    H.R. 4334 does not apply to terms and conditions of 
employment or to access to public services or accommodations 
within the legislative branch.

                       Unfunded Mandate Statement

    Pursuant to Section 423 of the Congressional Budget and 
Impoundment Control Act (as amended by Section 101(a)(2) of the 
Unfunded Mandates Reform Act, Pub. L. 104-4) H.R. 4334, as 
amended, contains no intergovernmental or private-sector 
mandates as defined by the Unfunded Mandates Reform Act (UMRA).

                           Earmark Statement

    In accordance with clause 9 of rule XXI of the Rules of the 
House of Representatives, H.R. 4334 does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as described in clauses 9(e), 9(f), and 9(g) of rule 
XXI.

                            Roll Call Votes

    In compliance with clause 3(b) of rule XIII of the Rules of 
House of the Representatives, the Committee advises that no 
roll call votes occurred during the Committee's consideration 
of H.R. 4334.

             Statement of Performance Goals and Objectives

    Pursuant to clause 3(c) of rule XIII of the Rules of the 
House of Representatives, the goals of H.R. 4334 are to support 
the aging population and help older individuals and individuals 
with disabilities maintain their independence and live with 
dignity.

                    Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of rule XIII of the Rules of the 
House of Representatives, the Committee states that no 
provision of H.R. 4334 establishes or reauthorizes a program of 
the Federal Government known to be duplicative of another 
federal program, a program that was included in any report from 
the Government Accountability Office to Congress pursuant to 
section 21 of Public Law 111-139, or a program related to a 
program identified in the most recent Catalog of Federal 
Domestic Assistance.

                                Hearings

    Pursuant to section 103(i) of H. Res. 6 for the 116th 
Congress, the Subcommittee on Civil Rights and Human Services 
held a legislative hearing on May 15, 2019, entitled 
``Examining the Older Americans Act: Promoting Independence and 
Dignity for Older Americans,'' which was used to develop H.R. 
4334. The hearing examined the breadth of programs and supports 
authorized and funded through the Older Americans Act that 
promote the independence and dignity of older Americans. The 
Committee heard testimony from: Ms. Lee Girard, MPA:HA, 
Director of Multnomah County Aging, Disability, and Veterans 
Services; Ms. Stephanie Archer-Smith, Executive Director of 
Meals on Wheels of Central Maryland, Inc.; Ms. Grace Whiting, 
J.D., President and CEO of the National Alliance for 
Caregiving; and Ms. Patricia Ducayet, L.M.S.W., Texas State 
Long-Term Care Ombudsman for Texas Health and Human Services.

  Statement of Oversight Findings and Recommendations of the Committee

    In compliance with clause 3(c)(1) of rule XIII and clause 
2(b)(1) of rule X of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in the descriptive portions of the report.

               New Budget Authority and CBO Cost Estimate

    Pursuant to clause 3(c)(2) of rule XIII of the Rules of the 
House of Representatives and section 308(a) of the 
Congressional Budget Act of 1974, and pursuant to clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 402 of the Congressional Budget Act 
of 1974, the Committee has received the following estimate for 
H.R. 4334 from the Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, October 16, 2019.
Hon. Bobby Scott,
Chairman, Committee on Education and Labor,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 4334, the Dignity 
in Aging Act of 2019.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Meredith 
Decker.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    

    H.R. 4334 would amend the Older Americans Act (OAA) of 
1965, which provides funding through the Department of Health 
and Human Services (HHS) and the Department of Labor (DOL) for 
services to the elderly. HHS administers most programs 
authorized by the act, including congregate and home-delivered 
meals, home and community-based supportive services (such as 
assistance with transportation, in-home care, and adult day 
care), and support for caregivers. DOL administers the Senior 
Community Service Employment program, which provides low-income 
senior citizens with work-based job training and community 
service opportunities. The authorization for the OAA programs 
expired at the end of fiscal year 2019; those programs received 
discretionary appropriations totaling $2.1 billion that year. 
H.R. 4334 also would extend the authority and obligations of 
the Family Caregiving Advisory Council and the Advisory Council 
to Support Grandparents Raising Grandchildren for an additional 
year to 2022. Those extensions would cost less than $500,000 in 
2022.
    H.R. 4334 would authorize the appropriation of $12.5 
billion over the 2020-2024 period for OAA programs. Assuming 
appropriation of specified amounts, and based on historical 
spending patterns, CBO estimates that implementing the bill 
would cost $10.9 billion over the same period and $1.4 billion 
after 2024. The bill would authorize the appropriation of 
specific amounts for those programs, totaling $10.1 billion for 
HHS, and $2.4 billion for DOL over the 2020-2024 period.
    For this estimate, CBO assumes that H.R. 4334 will be 
enacted near the beginning of 2020. The costs of the 
legislation, detailed in Table 1, fall within budget function 
500 (education, training, employment, and social services.)

               TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER H.R. 4334
----------------------------------------------------------------------------------------------------------------
                                                                     By fiscal year, millions of dollars--
                                                              --------------------------------------------------
                                                                2020    2021    2022    2023    2024   2020-2024
----------------------------------------------------------------------------------------------------------------
Health and Human Services:
    Authorization............................................   1,788   1,894   2,006   2,125   2,252     10,065
    Estimated Outlays........................................   1,112   1,761   1,919   2,043   2,167      9,002
Department of Labor:
    Authorization............................................     429     455     482     511     542      2,418
    Estimated Outlays........................................      75     421     454     483     513      1,946
    Total Changes:
        Authorization........................................   2,217   2,348   2,488   2,636   2,793     12,483
        Estimated Outlays....................................   1,187   2,182   2,372   2,526   2,680     10,948
----------------------------------------------------------------------------------------------------------------

    The CBO staff contact for this estimate is Meredith Decker. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Assistant Director for Budget Analysis.

                        Committee Cost Estimate

    Clause 3(d)(1) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison of the 
costs that would be incurred in carrying out H.R. 4334. 
However, clause 3(d)(2)(B) of that rule provides that this 
requirement does not apply when the committee has included in 
its report a timely submitted cost estimate of the bill 
prepared by the Director of the Congressional Budget Office 
under section 402 of the Congressional Budget Act of 1974.

          Change in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, H.R. 4334, as reported, are shown as follows:

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

                      OLDER AMERICANS ACT OF 1965



           *       *       *       *       *       *       *
            TITLE I--DECLARATION OF OBJECTIVES; DEFINITIONS

             declaration of objectives for older americans

  Sec. 101. The Congress hereby finds and declares that, in 
keeping with the traditional American concept of the inherent 
dignity of the individual in our democratic society, the older 
people of our Nation are entitled to, and it is the joint and 
several duty and responsibility of the governments of the 
United States, of the several States and their political 
subdivisions, and of Indian tribes to assist our older people 
to secure equal opportunity to the full and free enjoyment of 
the following objectives:
          (1) An adequate income in retirement in accordance 
        with the American standard of living.
          (2) The best possible physical and mental health 
        (including access to person-centered, trauma-informed 
        care) which science can make available and without 
        regard to economic status.
          (3) Obtaining and maintaining suitable housing, 
        independently selected, designed and located with 
        reference to special needs and available at costs which 
        older citizens can afford.
          (4) Full restorative services for those who require 
        institutional care, and a comprehensive array of 
        community-based, long-term care services adequate to 
        appropriately sustain older people in their communities 
        and in their homes, including support to family members 
        and other persons providing voluntary care to older 
        individuals needing long-term care services.
          (5) Opportunity for employment with no discriminatory 
        personnel practices because of age.
          (6) Retirement in health, honor, dignity--after years 
        of contribution to the economy.
          (7) Participating in and contributing to meaningful 
        activity within the widest range of civic, cultural, 
        educational and training and recreational 
        opportunities.
          (8) Efficient community services, including access to 
        low-cost transportation, which provide a choice in 
        supported living arrangements and social assistance in 
        a coordinated manner and which are readily available 
        when needed, with emphasis on maintaining a continuum 
        of care for vulnerable older individuals.
          (9) Immediate benefit from proven research knowledge 
        which can sustain and improve health and happiness.
          (10) Freedom, independence, and the free exercise of 
        individual initiative in planning and managing their 
        own lives, full participation in the planning and 
        operation of community-based services and programs 
        provided for their benefit, and protection against 
        abuse, neglect, and exploitation.

                              definitions

  Sec. 102. For the purposes of this Act--
          (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) The term ``Administration'' means the 
        Administration on Aging.
          (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.
          (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.
          (5) The term ``aging network'' means the network of--
                  (A) State agencies, area agencies on aging, 
                title VI grantees, and the Administration; and
                  (B) organizations that--
                          (i)(I) are providers of direct 
                        services to older individuals; or
                          (II) are institutions of higher 
                        education; and
                          (ii) receive funding under this Act.
          (6) The term ``area agency on aging'' means an area 
        agency on aging designated under section 305(a)(2)(A) 
        or a State agency performing the functions of an area 
        agency on aging under section 305(b)(5).
          (7) The term ``Assistant Secretary'' means the 
        Assistant Secretary for Aging.
          (8)(A) The term ``assistive device'' includes an 
        assistive technology device.
          (B) The terms ``assistive technology'', ``assistive 
        technology device'', and ``assistive technology 
        service'' have the meanings given such terms in section 
        3 of the Assistive Technology Act of 1998 (29 U.S.C. 
        3002).
          (9) The term ``at risk for institutional placement'' 
        means, with respect to an older individual, that such 
        individual is unable to perform at least 2 activities 
        of daily living without substantial assistance 
        (including verbal reminding, physical cuing, or 
        supervision) and is determined by the State involved to 
        be in need of placement in a long-term care facility.
          (10) The term ``board and care facility'' means an 
        institution regulated by a State pursuant to section 
        1616(e) of the Social Security Act (42 U.S.C. 
        1382e(e)).
          (11) The term ``case management service''--
                  (A) means a service provided to an older 
                individual, at the direction of the older 
                individual or a family member of the 
                individual--
                          (i) by an individual who is trained 
                        or experienced in the case management 
                        skills that are required to deliver the 
                        services and coordination described in 
                        subparagraph (B); and
                          (ii) to assess the needs, and to 
                        arrange, coordinate, and monitor an 
                        optimum package of services to meet the 
                        needs, of the older individual; and
                  (B) includes services and coordination such 
                as--
                          (i) comprehensive assessment of the 
                        older individual (including the 
                        physical, psychological, and social 
                        needs of the individual);
                          (ii) development and implementation 
                        of a service plan with the older 
                        individual to mobilize the formal and 
                        informal resources and services 
                        identified in the assessment to meet 
                        the needs of the older individual, 
                        including coordination of the resources 
                        and services--
                                  (I) with any other plans that 
                                exist for various formal 
                                services, such as hospital 
                                discharge plans; and
                                  (II) with the information and 
                                assistance services provided 
                                under this Act;
                          (iii) coordination and monitoring of 
                        formal and informal service delivery, 
                        including coordination and monitoring 
                        to ensure that services specified in 
                        the plan are being provided;
                          (iv) periodic reassessment and 
                        revision of the status of the older 
                        individual with--
                                  (I) the older individual; or
                                  (II) if necessary, a primary 
                                caregiver or family member of 
                                the older individual; and
                          (v) in accordance with the wishes of 
                        the older individual, advocacy on 
                        behalf of the older individual for 
                        needed services or resources.
          (12) The term ``civic engagement'' means an 
        individual or collective action designed to address a 
        public concern or an unmet human, educational, health 
        care, environmental, or public safety need.
          (13) The term ``disability'' means (except when such 
        term is used in the phrase ``severe disability'', 
        ``developmental disabilities'', ``physical or mental 
        disability'', ``physical and mental disabilities'', or 
        ``physical disabilities'') a disability attributable to 
        mental or physical impairment, or a combination of 
        mental and physical impairments, that results in 
        substantial functional limitations in 1 or more of the 
        following areas of major life activity: (A) self-care, 
        (B) receptive and expressive language, (C) learning, 
        (D) mobility, (E) self-direction, (F) capacity for 
        independent living, (G) economic self-sufficiency, (H) 
        cognitive functioning, and (I) emotional adjustment.
          (14) The term ``disease prevention and health 
        promotion services'' means--
                  (A) health risk assessments;
                  (B) routine health screening, which may 
                include hypertension, glaucoma, cholesterol, 
                cancer, vision, hearing, diabetes, bone 
                density, oral health, immunization status, and 
                nutrition screening (including screening for 
                malnutrition);
                  (C) nutritional counseling and educational 
                services for individuals and their primary 
                caregivers;
                  (D) evidence-based health promotion programs, 
                including programs related to the prevention 
                and mitigation of the effects of chronic 
                disease (including osteoporosis, hypertension, 
                obesity, diabetes, and cardiovascular disease), 
                infectious disease, and vaccine preventable 
                disease, alcohol and substance abuse reduction, 
                chronic pain management, smoking cessation, 
                weight loss and control, stress management, 
                falls prevention, physical activity, and 
                improved nutrition;
                  (E) programs regarding physical fitness, 
                group exercise, and music therapy, art therapy, 
                and dance-movement therapy, including programs 
                for multigenerational participation that are 
                provided by--
                          (i) an institution of higher 
                        education;
                          (ii) a local educational agency, as 
                        defined in section 14101 of the 
                        Elementary and Secondary Education Act 
                        of 1965 (20 U.S.C. 8801); or
                          (iii) a community-based organization;
                  (F) home injury control services, including 
                screening of high-risk home environments and 
                provision of educational programs on injury 
                prevention (including fall and fracture 
                prevention) in the home environment;
                  (G) screening for the prevention of 
                depression and screening for suicide risk, 
                coordination of community mental and behavioral 
                health services, provision of educational 
                activities, and referral to psychiatric and 
                psychological services;
                  (H) screening for fall-related traumatic 
                brain injury, coordination of treatment, 
                rehabilitation and related services, and 
                referral services;
                  [(H)] (I) educational programs on the 
                availability, benefits, and appropriate use of 
                preventive health services covered under title 
                XVIII of the Social Security Act (42 U.S.C. 
                1395 et seq.);
                  [(I)] (J) medication management screening and 
                education to prevent incorrect medication and 
                adverse drug reactions;
                  (K) responses to public health emergencies 
                and emerging health threats;
                  [(J)] (L) information concerning diagnosis, 
                prevention, treatment, and rehabilitation 
                concerning age-related diseases and chronic 
                disabling conditions, including osteoporosis, 
                cardiovascular diseases, diabetes, and 
                Alzheimer's disease and related disorders with 
                neurological and organic brain dysfunction;
                  [(K)] (M) gerontological counseling; [and]
                  (N) screening for the prevention of social 
                isolation and coordination of supportive 
                services and health care to address social 
                isolation and loneliness; and
                  [(L)] (O) counseling regarding social 
                services and followup health services based on 
                any of the services described in subparagraphs 
                (A) through [(K)] (N).
        The term shall not include services for which payment 
        may be made under titles XVIII and XIX of the Social 
        Security Act (42 U.S.C. 1395 et seq., 1396 et seq.).
          (15) The term ``elder abuse'' means abuse of an older 
        individual.
          (16) The term ``elder abuse, neglect, and 
        exploitation'' means abuse, neglect, and exploitation, 
        of an older individual.
          (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.
          (18)(A) The terms ``exploitation'' and ``financial 
        exploitation'' mean the fraudulent or otherwise 
        illegal, unauthorized, or improper act or process of an 
        individual, including a caregiver or fiduciary, that 
        uses the resources of an older individual for monetary 
        or personal benefit, profit, or gain, or that results 
        in depriving an older individual of rightful access to, 
        or use of, benefits, resources, belongings, or assets.
          (B) In subparagraph (A), the term ``caregiver'' means 
        an individual who has the responsibility for the care 
        of an older individual, either voluntarily, by 
        contract, by receipt of payment for care, or as a 
        result of the operation of law and means a family 
        member or other individual who provides (on behalf of 
        such individual or of a public or private agency, 
        organization, or institution) compensated or 
        uncompensated care to an older individual.
          (19) The term ``family violence'' has the same 
        meaning given the term in the Family Violence 
        Prevention and Services Act.
          (20) The term ``fiduciary''--
                  (A) means a person or entity with the legal 
                responsibility--
                          (i) to make decisions on behalf of 
                        and for the benefit of another person; 
                        and
                          (ii) to act in good faith and with 
                        fairness; and
                  (B) includes a trustee, a guardian, a 
                conservator, an executor, an agent under a 
                financial power of attorney or health care 
                power of attorney, or a representative payee.
          (21) The term ``focal point'' means a facility 
        established to encourage the maximum collocation and 
        coordination of services for older individuals.
          (22) The term ``frail'' means, with respect to an 
        older individual in a State, that the older individual 
        is determined to be functionally impaired because the 
        individual--
                  (A)(i) is unable to perform at least two 
                activities of daily living without substantial 
                human assistance, including verbal reminding, 
                physical cueing, or supervision; or
                  (ii) at the option of the State, is unable to 
                perform at least three such activities without 
                such assistance; or
                  (B) due to a cognitive or other mental 
                impairment, requires substantial supervision 
                because the individual behaves in a manner that 
                poses a serious health or safety hazard to the 
                individual or to another individual.
          (23) The term ``greatest economic need'' means the 
        need resulting from an income level at or below the 
        poverty line.
          (24) The term ``greatest social need'' means the need 
        caused by noneconomic factors, which include--
                  (A) physical and mental disabilities;
                  (B) language barriers; and
                  (C) cultural, social, or geographical 
                isolation, including isolation caused by racial 
                or ethnic status, that--
                          (i) restricts the ability of an 
                        individual to perform normal daily 
                        tasks; or
                          (ii) threatens the capacity of the 
                        individual to live independently.
          (25) The term ``Hispanic-serving institution'' has 
        the meaning given the term in section 502 of the Higher 
        Education Act of 1965 (20 U.S.C. 1101a).
          (26) The term ``Indian'' means a person who is a 
        member of an Indian tribe.
          (27) Except for the purposes of title VI of this Act, 
        the term ``Indian tribe'' means any tribe, band, 
        nation, or other organized group or community of 
        Indians (including any Alaska Native village or 
        regional or village corporation as defined in or 
        established pursuant to the Alaska Native Claims 
        Settlement Act (Public Law 92-203; 85 Stat. 688) which 
        (A) is recognized as eligible for the special programs 
        and services provided by the United States to Indians 
        because of their status as Indians; or (B) is located 
        on, or in proximity to, a Federal or State reservation 
        or rancheria.
          (28) The term ``information and assistance service'' 
        means a service for older individuals that--
                  (A) provides the individuals with current 
                information on opportunities and services 
                available to the individuals within their 
                communities, including information relating to 
                assistive technology;
                  (B) assesses the problems and capacities of 
                the individuals;
                  (C) links the individuals to the 
                opportunities and services that are available;
                  (D) to the maximum extent practicable, 
                ensures that the individuals receive the 
                services needed by the individuals, and are 
                aware of the opportunities available to the 
                individuals, by establishing adequate followup 
                procedures; and
                  (E) serves the entire community of older 
                individuals, particularly--
                          (i) older individuals with greatest 
                        social need;
                          (ii) older individuals with greatest 
                        economic need; and
                          (iii) older individuals at risk for 
                        institutional placement.
          (29) The term ``information and referral'' includes 
        information relating to assistive technology.
          (30) The term ``in-home services'' includes--
                  (A) services of homemakers and home health 
                aides;
                  (B) visiting and telephone reassurance;
                  (C) chore maintenance;
                  (D) in-home respite care for families, and 
                adult day care as a respite service for 
                families;
                  (E) minor modification of homes that is 
                necessary to facilitate the ability of older 
                individuals to remain at home and that is not 
                available under another program (other than a 
                program carried out under this Act);
                  (F) personal care services; and
                  (G) other in-home services as defined--
                          (i) by the State agency in the State 
                        plan submitted in accordance with 
                        section 307; and
                          (ii) by the area agency on aging in 
                        the area plan submitted in accordance 
                        with section 306.
          (31) The term ``institution of higher education'' has 
        the meaning given the term in section 101 of the Higher 
        Education Act of 1965.
          (32) The term ``integrated long-term care''--
                  (A) means items and services that consist 
                of--
                          (i) with respect to long-term care--
                                  (I) long-term care items or 
                                services provided under a State 
                                plan for medical assistance 
                                under the Medicaid program 
                                established under title XIX of 
                                the Social Security Act (42 
                                U.S.C. 1396 et seq.), including 
                                nursing facility services, home 
                                and community-based services, 
                                personal care services, and 
                                case management services 
                                provided under the plan; and
                                  (II) any other supports, 
                                items, or services that are 
                                available under any federally 
                                funded long-term care program; 
                                and
                          (ii) with respect to other health 
                        care, items and services covered 
                        under--
                                  (I) the Medicare program 
                                established under title XVIII 
                                of the Social Security Act (42 
                                U.S.C. 1395 et seq.);
                                  (II) the State plan for 
                                medical assistance under the 
                                Medicaid program; or
                                  (III) any other federally 
                                funded health care program; and
                  (B) includes items or services described in 
                subparagraph (A) that are provided under a 
                public or private managed care plan or through 
                any other service provider.
          (33) The term ``legal assistance''--
                  (A) means legal advice and representation 
                provided by an attorney to older individuals 
                with economic or social needs; and
                  (B) includes--
                          (i) to the extent feasible, 
                        counseling or other appropriate 
                        assistance by a paralegal or law 
                        student under the direct supervision of 
                        an attorney; and
                          (ii) counseling or representation by 
                        a nonlawyer where permitted by law.
          (34) The term ``long-term care'' means any service, 
        care, or item (including an assistive device), 
        including a disease prevention and health promotion 
        service, an in-home service, and a case management 
        service--
                  (A) intended to assist individuals in coping 
                with, and to the extent practicable compensate 
                for, a functional impairment in carrying out 
                activities of daily living;
                  (B) furnished at home, in a community care 
                setting (including a small community care 
                setting as defined in subsection (g)(1), and a 
                large community care setting as defined in 
                subsection (h)(1), of section 1929 of the 
                Social Security Act (42 U.S.C. 1396t)), or in a 
                long-term care facility; and
                  (C) not furnished to prevent, diagnose, 
                treat, or cure a medical disease or condition.
          (35) The term ``long-term care facility'' means--
                  (A) any skilled nursing facility, as defined 
                in section 1819(a) of the Social Security Act 
                (42 U.S.C. 1395i-3(a));
                  (B) any nursing facility, as defined in 
                section 1919(a) of the Social Security Act (42 
                U.S.C. 1396r(a));
                  (C) [for purposes of sections 307(a)(12) and 
                712,] a board and care facility; and
                  (D) any other adult care home, including an 
                assisted living facility, similar to a facility 
                or institution described in subparagraphs (A) 
                through (C).
          (36) The term ``multipurpose senior center'' means a 
        community facility for the organization and provision 
        of a broad spectrum of services, which shall include 
        provision of health (including mental and behavioral 
        health), social, nutritional, and educational services 
        and the provision of facilities for recreational 
        activities for older individuals.
          (37) The term ``Native American'' means--
                  (A) an Indian as defined in [paragraph (5)] 
                paragraph (26); and
                  (B) a Native Hawaiian, as defined in section 
                625.
          (38) The term ``neglect'' means--
                  (A) the failure of a caregiver (as defined in 
                paragraph (18)(B)) or fiduciary to provide the 
                goods or services that are necessary to 
                maintain the health or safety of an older 
                individual; or
                  (B) self-neglect.
          (39) The term ``nonprofit'' as applied to any agency, 
        institution, or organization means an agency, 
        institution, or organization which is, or is owned and 
        operated by, one or more corporations or associations 
        no part of the net earnings of which inures, or may 
        lawfully inure, to the benefit of any private 
        shareholder or individual.
          (40) The term ``older individual'' means an 
        individual who is 60 years of age or older.
          (41) The term ``person-centered, trauma-informed'' 
        when used with respect to services means services 
        provided through an aging program that--
                  (A) use a holistic approach to providing 
                services;
                  (B) promote the dignity, strength and 
                empowerment of victims of trauma; and
                  (C) incorporate research-based practices 
                based on knowledge about the role of trauma in 
                trauma victims' lives.
          [(41)] (42) The term ``physical harm'' means bodily 
        injury, impairment, or disease.
          [(42)] (43) The term ``planning and service area'' 
        means an area designated by a State agency under 
        section 305(a)(1)(E), including a single planning and 
        service area described in section 305(b)(5)(A).
          [(43)] (44) The term ``poverty line'' means the 
        official poverty line (as defined by the Office of 
        Management and Budget, and adjusted by the Secretary in 
        accordance with section 673(2) of the Community 
        Services Block Grant Act (42 U.S.C. 9902(2)).
          [(44)] (45) The term ``representative payee'' means a 
        person who is appointed by a governmental entity to 
        receive, on behalf of an older individual who is unable 
        to manage funds by reason of a physical or mental 
        incapacity, any funds owed to such individual by such 
        entity.
          [(45)] (46) The term ``Secretary'' means the 
        Secretary of Health and Human Services, expect that for 
        purposes of title V such term means the Secretary of 
        Labor.
          [(46)] (47) The term ``self-directed care'' means an 
        approach to providing services (including programs, 
        benefits, supports, and technology) under this Act 
        intended to assist an individual with activities of 
        daily living, in which--
                  (A) such services (including the amount, 
                duration, scope, provider, and location of such 
                services) are planned, budgeted, and purchased 
                under the direction and control of such 
                individual;
                  (B) such individual is provided with such 
                information and assistance as are necessary and 
                appropriate to enable such individual to make 
                informed decisions about the individual's care 
                options;
                  (C) the needs, capabilities, and preferences 
                of such individual with respect to such 
                services, and such individual's ability to 
                direct and control the individual's receipt of 
                such services, are assessed by the area agency 
                on aging (or other agency designated by the 
                area agency on aging) involved;
                  (D) based on the assessment made under 
                subparagraph (C), the area agency on aging (or 
                other agency designated by the area agency on 
                aging) develops together with such individual 
                and the individual's family, caregiver (as 
                defined in paragraph (18)(B)), or legal 
                representative--
                          (i) a plan of services for such 
                        individual that specifies which 
                        services such individual will be 
                        responsible for directing;
                          (ii) a determination of the role of 
                        family members (and others whose 
                        participation is sought by such 
                        individual) in providing services under 
                        such plan; and
                          (iii) a budget for such services; and
                  (E) the area agency on aging or State agency 
                provides for oversight of such individual's 
                self-directed receipt of services, including 
                steps to ensure the quality of services 
                provided and the appropriate use of funds under 
                this Act.
          [(47)] (48) The term ``self-neglect'' means an 
        adult's inability, due to physical or mental impairment 
        or diminished capacity, to perform essential self-care 
        tasks including--
                  (A) obtaining essential food, clothing, 
                shelter, and medical care;
                  (B) obtaining goods and services necessary to 
                maintain physical health, mental and behavioral 
                health, or general safety; or
                  (C) managing one's own financial affairs.
          [(48)] (49) The term ``severe disability'' means a 
        severe, chronic disability attributable to mental or 
        physical impairment, or a combination of mental and 
        physical impairments, that--
                  (A) is likely to continue indefinitely; and
                  (B) results in substantial functional 
                limitation in 3 or more of the major life 
                activities specified in subparagraphs (A) 
                through (G) of paragraph (8).
          [(49) ] (50) The term ``sexual assault'' has the 
        meaning given the term in section 2003 of the Omnibus 
        Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
        3796gg-2).
          [(50)] (51) The term ``State'' means any of the 
        several States, the District of Columbia, the Virgin 
        Islands of the United States, the Commonwealth of 
        Puerto Rico, Guam, American Samoa, and the Commonwealth 
        of the Northern Mariana Islands.
          [(51)] (52) The term ``State agency'' means the 
        agency designated under section 305(a)(1).
          [(52)] (53) The term ``State system of long-term 
        care'' means the Federal, State, and local programs and 
        activities administered by a State that provide, 
        support, or facilitate access to long-term care for 
        individuals in such State.
          [(53)] (54) The term ``supportive service'' means a 
        service described in section 321(a).
          [(54)] (55) Except for the purposes of title VI of 
        this Act, the term ``tribal organization'' means the 
        recognized governing body of any Indian tribe, or any 
        legally established organization of Indians which is 
        controlled, sanctioned, or chartered by such governing 
        body. In any case in which a contract is let or grant 
        made to an organization to perform services benefiting 
        more than one Indian tribe, the approval of each such 
        Indian tribe shall be a prerequisite to the letting or 
        making of such contract or grant.
          (56) The term ``traumatic brain injury'' has the 
        meaning given to it in section 339B(d) of the Public 
        Health Service Act.

                   TITLE II--ADMINISTRATION ON AGING

                establishment of administration on aging

  Sec. 201. (a) There is established in the Office of the 
Secretary an Administration on Aging which shall be headed by 
an Assistant Secretary for Aging. Except for title V, the 
Administration shall be the agency for carrying out this Act. 
There shall be a direct reporting relationship between the 
Assistant Secretary and the Secretary. In the performance of 
the functions of the Assistant Secretary, the Assistant 
Secretary shall be directly responsible to the Secretary. The 
Secretary shall not approve or require any delegation of the 
functions of the Assistant Secretary (including the functions 
of the Assistant Secretary carried out through regional 
offices) to any other officer not directly responsible to the 
Assistant Secretary.
  (b) The Assistant Secretary shall be appointed by the 
President by and with the advice and consent of the Senate.
  (c)(1) There is established in the Administration an Office 
for American Indian, Alaskan Native, and Native Hawaiian 
Programs.
  (2) The Office shall be headed by a Director of the Office 
for American Indian, Alaskan Native, and Native Hawaiian Aging 
appointed by the Assistant Secretary.
  (3) The Director of the Office for American Indian, Alaskan 
Native, and Native Hawaiian Aging shall--
          (A)(i) evaluate the adequacy of outreach under title 
        III and title VI for older individuals who are Native 
        Americans and recommend to the Assistant Secretary 
        necessary action to improve service delivery, outreach, 
        coordination between title III and title VI services, 
        and particular problems faced by older Indians and 
        Native Hawaiians; and
          (ii) include a description of the results of such 
        evaluation and recommendations in the annual report 
        required by section 207(a) to be submitted by the 
        Assistant Secretary;
          (B) serve as the effective and visible advocate in 
        behalf of older individuals who are Native Americans 
        within the Department of Health and Human Services and 
        with other departments and agencies of the Federal 
        Government regarding all Federal policies affecting 
        such individuals, with particular attention to services 
        provided to Native Americans by the Indian Health 
        Service;
          (C) coordinate activities between other Federal 
        departments and agencies to assure a continuum of 
        improved services through memoranda of agreements or 
        through other appropriate means of coordination;
          (D) administer and evaluate the grants provided under 
        this Act to Indian tribes, public agencies and 
        nonprofit private organziations serving Native 
        Hawaiians;
          (E) recommend to the Assistant Secretary policies and 
        priorities with respect to the development and 
        operation of programs and activities conducted under 
        this Act relating to older individuals who are Native 
        Americans;
          (F) collect and disseminate information related to 
        problems experienced by older Native Americans, 
        including information (compiled with assistance from 
        public or nonprofit private entities, including 
        institutions of higher education, with experience in 
        assessing the characteristics and health status of 
        older individuals who are Native Americans) on elder 
        abuse, in-home care, health problems, and other 
        problems unique to Native Americans;
          (G) develop research plans, and conduct and arrange 
        for research, in the field of American Native aging 
        with a special emphasis on the gathering of statistics 
        on the status of older individuals who are Native 
        Americans;
          (H) develop and provide technical assistance and 
        training programs to grantees under title VI to ensure 
        adequate capacity to deliver the services under such 
        title, which technical assistance programs may include 
        program management, data development and use, basic 
        business skills, grant development, program and service 
        innovations, and staff professional development and 
        certification;
          (I) promote coordination--
                  (i) between the administration of title III 
                and the administration of title VI; and
                  (ii) between programs established under title 
                III by the Assistant Secretary and programs 
                established under title VI by the Assistant 
                Secretary;
        including sharing among grantees information on 
        programs funded, and on training and technical 
        assistance provided, under such titles; and
          (J) serve as the effective and visible advocate on 
        behalf of older individuals who are Indians, Alaskan 
        Natives, and Native Hawaiians, in the States to promote 
        the enhanced delivery of services and implementation of 
        programs, under this Act and other Federal Acts, for 
        the benefit of such individuals.
  (d)(1) There is established in the Administration the Office 
of Long-Term Care Ombudsman Programs (in this subsection 
referred to as the ``Office'').
  (2)(A) The Office shall be headed by a Director of the Office 
of Long-Term Care Ombudsman Programs (in this subsection 
referred to as the ``Director'') who shall be appointed by the 
Assistant Secretary from among individuals who have expertise 
and background in the fields of long-term care advocacy and 
management. The Director shall report directly to the Assistant 
Secretary.
  (B) No individual shall be appointed Director if--
          (i) the individual has been employed within the 
        previous 2 years by--
                  (I) a long-term care facility;
                  (II) a corporation that then owned or 
                operated a long-term care facility; or
                  (III) an association of long-term care 
                facilities;
          (ii) the individual--
                  (I) has an ownership or investment interest 
                (represented by equity, debt, or other 
                financial relationship) in a long-term care 
                facility or long-term care service; or
                  (II) receives, or has 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; or
          (iii) the individual, or any member of the immediate 
        family of the individual, is subject to a conflict of 
        interest.
  (3) The Director shall--
          (A) serve as an effective and visible advocate on 
        behalf of older individuals who reside in long-term 
        care facilities, within the Department of Health and 
        Human Services and with other departments, agencies, 
        and instrumentalities of the Federal Government 
        regarding all Federal policies affecting such 
        individuals;
          (B) review and make recommendations to the Assistant 
        Secretary regarding--
                  (i) the approval of the provisions in State 
                plans submitted under section 307(a) that 
                relate to State Long-Term Care Ombudsman 
                programs; and
                  (ii) the adequacy of State budgets and 
                policies relating to the programs;
          (C) after consultation with State Long-Term Care 
        Ombudsmen and the State agencies, make recommendations 
        to the Assistant Secretary regarding--
                  (i) policies designed to assist State Long-
                Term Care Ombudsmen; and
                  (ii) methods to periodically monitor and 
                evaluate the operation of State Long-Term Care 
                Ombudsman programs, to ensure that the programs 
                satisfy the requirements of section 307(a)(9) 
                and section 712, including provision of service 
                to residents of board and care facilities and 
                of similar adult care facilities;
          (D) keep the Assistant Secretary and the Secretary 
        fully and currently informed about--
                  (i) problems relating to State Long-Term Care 
                Ombudsman programs; and
                  (ii) the necessity for, and the progress 
                toward, solving the problems;
          (E) review, and make recommendations to the Secretary 
        and the Assistant Secretary regarding, existing and 
        proposed Federal legislation, regulations, and policies 
        regarding the operation of State Long-Term Care 
        Ombudsman programs;
          (F) make recommendations to the Assistant Secretary 
        and the Secretary regarding the policies of the 
        Administration, and coordinate the activities of the 
        Administration with the activities of other Federal 
        entities, State and local entities, and nongovernmental 
        entities, relating to State Long-Term Care Ombudsman 
        programs;
          (G) supervise the activities carried out under the 
        authority of the Administration that relate to State 
        Long-Term Care Ombudsman programs;
          (H) administer the National Ombudsman Resource Center 
        established under section 202(a)(18) and make 
        recommendations to the Assistant Secretary regarding 
        the operation of the National Ombudsman Resource 
        Center;
          (I) advocate, monitor, and coordinate Federal and 
        State activities of Long-Term Care Ombudsmen under this 
        Act;
          (J) submit to the Speaker of the House of 
        Representatives and the President pro tempore of the 
        Senate an annual report on the effectiveness of 
        services provided under section 307(a)(9) and section 
        712;
          (K) have authority to investigate the operation or 
        violation of any Federal law administered by the 
        Department of Health and Human Services that may 
        adversely affect the health, safety, welfare, or rights 
        of older individuals;
          (L) not later than 180 days after the date of the 
        enactment of the Older Americans Act Reauthorization 
        Act of 2016, establish standards applicable to the 
        training required by section 712(h)(5); and
          (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.
  (e)(1) The Assistant Secretary is authorized to designate 
within the Administration a person to have responsibility for 
elder abuse prevention and services.
  (2) It shall be the duty of the Assistant Secretary, acting 
through the person designated to have responsibility for elder 
abuse prevention and services, and in coordination with the 
heads of State adult protective services programs and the 
Director of the Office of Long-Term Care Ombudsman Programs--
          (A) to develop objectives, priorities, policy, and a 
        long-term plan for--
                  (i) facilitating the development, 
                implementation, and continuous improvement of a 
                coordinated, multidisciplinary elder justice 
                system in the United States;
                  (ii) providing Federal leadership to support 
                State efforts in carrying out elder justice 
                programs and activities relating to--
                          (I) elder abuse prevention, 
                        detection, treatment, intervention, and 
                        response;
                          (II) training of individuals 
                        regarding the matters described in 
                        subclause (I); and
                          (III) the development of a State 
                        comprehensive elder justice system, as 
                        defined in section 752(b);
                  (iii) establishing Federal guidelines and 
                disseminating best practices for uniform data 
                collection and reporting by States;
                  (iv) working with States, the Department of 
                Justice, and other Federal entities to annually 
                collect, maintain, and disseminate data 
                relating to elder abuse, neglect, and 
                exploitation, to the extent practicable;
                  (v) establishing an information clearinghouse 
                to collect, maintain, and disseminate 
                information concerning best practices and 
                resources for training, technical assistance, 
                and other activities to assist States and 
                communities to carry out evidence-based 
                programs to prevent and address elder abuse, 
                neglect, and exploitation;
                  (vi) conducting research related to elder 
                abuse, neglect, and exploitation;
                  (vii) providing technical assistance to 
                States and other eligible entities that provide 
                or fund the provision of the services described 
                in title VII;
                  (viii) carrying out a study to determine the 
                national incidence and prevalence of elder 
                abuse, neglect, and exploitation in all 
                settings; and
                  (ix) promoting collaborative efforts and 
                diminishing duplicative efforts in the 
                development and carrying out of elder justice 
                programs at the Federal, State and local 
                levels; and
          (B) to assist States and other eligible entities 
        under title VII to develop strategic plans to better 
        coordinate elder justice activities, research, and 
        training.
  (3) The Secretary, acting through the Assistant Secretary, 
may issue such regulations as may be necessary to carry out 
this subsection and section 752.
  (f)(1) The Assistant Secretary may designate an officer or 
employee who shall be responsible for the administration of 
mental and behavioral health services authorized under this 
Act.
  (2) It shall be the duty of the Assistant Secretary, acting 
through the individual designated under paragraph (1), to 
develop objectives, priorities, and a long-term plan for 
supporting State and local efforts involving education about 
and prevention, detection, and treatment of mental disorders, 
including age-related dementia, depression, and Alzheimer's 
disease and related neurological disorders with neurological 
and organic brain dysfunction.
  (g)(1) The Assistant Secretary shall coordinate the research 
and evaluation functions of this Act under a National Research, 
Demonstration, and Evaluation Center for the Aging Network (in 
this subsection referred to as the ``Center''), which shall be 
headed by a director designated by the Assistant Secretary from 
individuals described in paragraph (4).
  (2) The purpose of the Center shall be--
          (A) to coordinate research, research dissemination, 
        evaluation, demonstration projects, and related 
        activities carried out under this Act;
          (B) to provide assessment of the programs authorized 
        under this Act; and
          (C) to increase the repository of information on 
        evidence-based programs and interventions available to 
        the aging network. Such information shall be applicable 
        to existing programs and help in the development of new 
        evidence-based programs and interventions.
  (3) Activities of the Center shall include conducting, 
promoting, coordinating, and providing support for--
          (A) research and evaluation activities that support 
        the objectives of this Act, including--
                  (i) evaluation of new and existing programs 
                and interventions authorized by this Act; and
                  (ii) research on and assessment of the 
                impacts that programs and interventions under 
                this Act have on the health outcomes, social 
                determinants of health, quality of life, and 
                independence of individuals served under this 
                Act;
          (B) demonstration projects that support the 
        objectives of the Act and activities to bring effective 
        demonstration projects to scale with a prioritization 
        of projects that address the needs of underserved 
        populations;
          (C) outreach and dissemination of research findings; 
        and
          (D) technical assistance related to the activities 
        described in this subparagraph.
  (4) The director shall be an individual with substantial 
knowledge of and experience in aging and health policy, and 
research administration.
  (5) Not later than October 1, 2020, and at 5-year intervals 
thereafter, the director shall prepare and publish in the 
Federal Register for public comment a draft of a 5-year plan 
that--
          (A) outlines priorities for research, research 
        dissemination, evaluation, and related activities;
          (B) explains the basis for such priorities; and
          (C) describes how the plan will meet the needs of 
        underserved populations.
  (6) The director shall, as appropriate, coordinate with other 
Federal departments and agencies involved in research in the 
field of aging.
  (7) Not later than December 31, 2020, and annually 
thereafter, the director shall prepare, and submit to the 
Secretary, the Committee on Health, Education, Labor, and 
Pensions of the Senate, the Special Committee on Aging of the 
Senate, and the Committee on Education and Labor of the House 
of Representatives, a report on the activities funded under 
this section and title IV.
  (8) The director shall, as appropriate, consult with experts 
on aging research and evaluation and aging network stakeholders 
on the implementation of the activities described under 
paragraph (3) of this subsection.
  (9) The director shall coordinate all research and evaluation 
authorities under this Act.

                    Functions of Assistant Secretary

  Sec. 202. (a) It shall be the duty and function of the 
Administration to--
          (1) serve as the effective and visible advocate for 
        older individuals within the Department of Health and 
        Human Services and with other departments, agencies, 
        and instrumentalities of the Federal Government by 
        maintaining active review and commenting 
        responsibilities over all Federal policies affecting 
        older individuals;
          (2) collect and disseminate information related to 
        problems of the aged and aging;
          (3) directly assist the Secretary in all matters 
        pertaining to problems of the aged and aging;
          [(4) administer the grants provided by this Act;]
          (4) administer the grants provided by this Act but 
        not approve an application submitted by an applicant 
        for a grant for a program for which such applicant 
        previously received a grant unless the Assistant 
        Secretary determines--
                  (A) the program for which such application 
                was submitted is operating effectively to 
                achieve its stated purpose; and
                  (B) such applicant--
                          (i) complied with the assurances 
                        provided to the Assistant Secretary 
                        with the application for such previous 
                        grant; and
                          (ii) will comply with the assurances 
                        provided with the current submitted 
                        application;
          (5) develop plans, conduct and arrange for research 
        in the field of aging, and assist in the establishment 
        and implementation of programs designed to meet the 
        health and economic needs of older individuals for 
        supportive services, including nutrition, 
        hospitalization, education and training services 
        (including preretirement training, and continuing 
        education), cultural experiences, activities and 
        services, including the arts, low-cost transportation 
        and housing, assistive technology, and health 
        (including mental and behavioral health) services;
          (6) provide technical assistance and consultation to 
        States and political subdivisions thereof with respect 
        to programs for the aged and aging;
          (7) prepare, publish, and disseminate educational 
        materials dealing with the health and economic welfare 
        of older individuals;
          (8) gather statistics in the field of aging which 
        other Federal agencies are not collecting, and take 
        whatever action is necessary to achieve coordination of 
        activities carried out or assisted by all departments, 
        agencies, and instrumentalities of the Federal 
        Government with respect to the collection, preparation, 
        and dissemination of information relevant to older 
        individuals;
          (9) develop basic policies and set priorities with 
        respect to the development and operation of programs 
        and activities conducted under authority of this Act;
          (10) coordinate Federal programs and activities 
        related to such purposes;
          (11) coordinate, and assist in, the planning and 
        development by public (including Federal, State, and 
        local agencies) and private organizations or programs 
        for older individuals with a view to the establishment 
        of a nationwide network of comprehensive, coordinated 
        services and opportunities for such individuals;
          (12)(A) consult and coordinate activities with the 
        Administrator of the Centers for Medicare & Medicaid 
        Services and the heads of other Federal entities to 
        implement and build awareness of programs providing 
        benefits affecting older individuals; and
          (B) carry on a continuing evaluation of the programs 
        and activities related to the objectives of this Act, 
        with particular attention to the impact of the programs 
        and activities carried out under--
                  (i) titles XVIII and XIX of the Social 
                Security Act (42 U.S.C. 1395 et seq., 1396 et 
                seq.);
                  (ii) the Age Discrimination in Employment Act 
                of 1967 (29 U.S.C. 621 et seq.); and
                  (iii) the National Housing Act (12 U.S.C. 
                1701 et seq.) relating to housing for older 
                individuals and the setting of standards for 
                the licensing of nursing homes, intermediate 
                care homes, and other facilities providing care 
                for such individuals;
          (13) provide information and assistance to private 
        organizations for the establishment and operation by 
        them of programs and activities related to the 
        objectives of this Act;
          (14) develop, in coordination with other agencies 
        (including the Health Resources and Services 
        Administration), a national plan for meeting the needs 
        for trained personnel in the field of aging, and for 
        training persons for carrying out programs related to 
        the objectives of this Act, and conduct and provide for 
        the conducting of such training;
          (15) consult with national organizations representing 
        minority individuals to develop and disseminate 
        training packages and to provide technical assistance 
        efforts designed to assist State and area agencies on 
        aging, and service providers, in providing services to 
        older individuals with greatest economic need or 
        individuals with greatest social need, with particular 
        attention to and specific objectives for providing 
        services to low-income minority individuals and older 
        individuals residing in rural areas;
          (16) collect for each fiscal year, for fiscal years 
        beginning after September 30, 1988, directly or by 
        contract, statistical data regarding programs and 
        activities carried out with funds provided under this 
        Act, including--
                  (A) with respect to each type of service or 
                activity provided with such funds--
                          (i) the aggregate amount of such 
                        funds expended to provide such service 
                        or activity;
                          (ii) the number of individuals who 
                        received such service or activity; and
                          (iii) the number of units of such 
                        service or activity provided;
                  (B) the number of senior centers which 
                received such funds; and
                  (C) the extent to which each area agency on 
                aging designated under section 305(a) satisfied 
                the requirements of paragraphs (2) and (5)(A) 
                of section 306(a);
          (17) obtain from--
                  (A) the Department of Agriculture information 
                explaining the requirements for eligibility to 
                receive benefits under the Food and Nutrition 
                Act of 2008; and
                  (B) the Social Security Administration 
                information explaining the requirements for 
                eligibility to receive supplemental security 
                income benefits under title XVI of the Social 
                Security Act (or assistance under a State plan 
                program under title XVI of that Act);
        and distribute such information, in written form, to 
        State agencies, for redistribution to area agencies on 
        aging, to carry out outreach activities and application 
        assistance;
          (18)(A) establish and operate the National Ombudsman 
        Resource Center (in this paragraph referred to as the 
        ``Center''), under the administration of the Director 
        of the Office of Long-Term Care Ombudsman Programs, 
        that will--
                  (i) by grant or contract--
                          (I) conduct research;
                          (II) provide training, technical 
                        assistance, and information to State 
                        Long-Term Care Ombudsmen;
                          (III) analyze laws, regulations, 
                        programs, and practices; and
                          (IV) provide assistance in recruiting 
                        and retaining volunteers for State 
                        Long-Term Care Ombudsman programs by 
                        establishing a national program for 
                        recruitment efforts that utilizes the 
                        organizations that have established a 
                        successful record in recruiting and 
                        retaining volunteers for ombudsman or 
                        other programs;
                relating to Federal, State, and local long-term 
                care ombudsman policies; and
                  (ii) assist State Long-Term Care Ombudsmen in 
                the implementation of State Long-Term Care 
                Ombudsman programs; and
          (B) make available to the Center not less than the 
        amount of resources made available to the Long-Term 
        Care Ombudsman National Resource Center for fiscal year 
        2000;
          (19) conduct strict monitoring of State compliance 
        with the requirements in effect, under this Act to 
        prohibit conflicts of interest and to maintain the 
        integrity and public purpose of services provided and 
        service providers, under this Act in all contractual 
        and commercial relationships;
          (20)(A) encourage, and provide technical assistance 
        to, States, area agencies on aging, and service 
        providers to carry out outreach and benefits enrollment 
        assistance to inform and enroll older individuals with 
        greatest economic need, who may be eligible to 
        participate, but who are not participating, in Federal 
        and State programs providing benefits for which the 
        individuals are eligible, including--
                  (i) supplemental security income benefits 
                under title XVI of the Social Security Act (42 
                U.S.C. 1381 et seq.), or assistance under a 
                State plan program under such title;
                  (ii) medical assistance under title XIX of 
                such Act (42 U.S.C. 1396 et seq.);
                  (iii) benefits under the Food and Nutrition 
                Act of 2008 (7 U.S.C. 2011 et seq.); or
                  (iv) benefits under any other applicable 
                program; and
          (B) at the election of the Assistant Secretary and in 
        cooperation with related Federal agency partners 
        administering the Federal programs, make a grant to or 
        enter into a contract with a qualified, experienced 
        entity to establish a National Center on Senior 
        Benefits Outreach and Enrollment, which shall--
                  (i) maintain and update web-based decision 
                support and enrollment tools, and integrated, 
                person-centered systems, designed to inform 
                older individuals about the full range of 
                benefits for which the individuals may be 
                eligible under Federal and State programs;
                  (ii) utilize cost-effective strategies to 
                find older individuals with greatest economic 
                need and enroll the individuals in the 
                programs;
                  (iii) create and support efforts for Aging 
                and Disability Resource Centers, and other 
                public and private State and community-based 
                organizations, including faith-based 
                organizations and coalitions, to serve as 
                benefits enrollment centers for the programs;
                  (iv) develop and maintain an information 
                clearinghouse on best practices and cost-
                effective methods for finding and enrolling 
                older individuals with greatest economic need 
                in the programs for which the individuals are 
                eligible; and
                  (v) provide, in collaboration with related 
                Federal agency partners administering the 
                Federal programs, training and technical 
                assistance on effective outreach, screening, 
                enrollment, and follow-up strategies;
          (21) establish information and assistance services as 
        priority services for older individuals, and develop 
        and operate, either directly or through contracts, 
        grants, or cooperative agreements, a National Eldercare 
        Locator Service, providing information and assistance 
        services through a nationwide toll-free number to 
        identify community resources for older individuals;
          (22) develop guidelines for area agencies on aging to 
        follow in choosing and evaluating providers of legal 
        assistance;
          (23) develop guidelines and a model job description 
        for choosing and evaluating legal assistance developers 
        referred to in [sections 307(a)(18) and 731(b)(2)] 
        sections 307(a)(13) and 731;
          (24) establish and carry out pension counseling and 
        information programs described in section 215;
          (25) provide technical assistance, training, and 
        other means of assistance to State agencies, area 
        agencies on aging, and service providers regarding 
        State and local data collection and analysis;
          (26) design and implement, for purposes of compliance 
        with paragraph (19), uniform data collection procedures 
        for use by State agencies, including--
                  (A) uniform definitions and nomenclature;
                  (B) standardized data collection procedures;
                  (C) a participant identification and 
                description system;
                  (D) procedures for collecting information on 
                services needed by older individuals (including 
                services that would permit such individuals to 
                receive long-term care in home and community-
                based settings), as identified by service 
                providers in assisting clients through the 
                provision of the supportive services; and
                  (E) procedures for the assessment of unmet 
                needs for services under this Act;
          (27) improve the delivery of services to older 
        individuals living in rural areas through--
                  (A) synthesizing results of research on how 
                best to meet the service needs of older 
                individuals in rural areas;
                  (B) developing a resource guide on best 
                practices for States, area agencies on aging, 
                and service providers; and
                  (C) providing training and technical 
                assistance to States to implement these best 
                practices of service delivery;
          (28) make available to States, area agencies on 
        aging, and service providers information and technical 
        assistance to support the provision of evidence-based 
        disease prevention and health promotion services;
          (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[.];
          (32) provide technical assistance to and share best 
        practices with States and area agencies on aging on how 
        to collaborate and coordinate activities and develop 
        long-range emergency preparedness plans with local and 
        State emergency response agencies, relief 
        organizations, local and State governments, federal 
        agencies as appropriate, and any other institutions 
        that have responsibility for disaster relief service 
        delivery; and
          (33) develop objectives, priorities, and a long-term 
        plan for supporting State and local efforts involving 
        education about, prevention of, detection of, and 
        response to social isolation among older individuals.
  (b) To promote the development and implementation of 
comprehensive, coordinated systems at Federal, State, and local 
levels that enable older individuals to receive long-term care 
in home and community-based settings, in a manner responsive to 
the needs and preferences of older individuals and their family 
caregivers, the Assistant Secretary shall, consistent with the 
applicable provisions of this title--
          (1) collaborate, coordinate, and consult with other 
        Federal entities responsible for formulating and 
        implementing programs, benefits, and services related 
        to providing long-term care, and may make grants, 
        contracts, and cooperative agreements with funds 
        received from other Federal entities;
          (2) conduct research and demonstration projects to 
        identify innovative, cost-effective strategies for 
        modifying State systems of long-term care to--
                  (A) respond to the needs and preferences of 
                older individuals and family caregivers; and
                  (B) target services to individuals at risk 
                for institutional placement, to permit such 
                individuals to remain in home and community-
                based settings;
          (3) establish criteria for and promote the 
        implementation (through area agencies on aging, service 
        providers, and such other entities as the Assistant 
        Secretary determines to be appropriate) of evidence-
        based programs to assist older individuals and their 
        family caregivers in learning about and making 
        behavioral changes intended to reduce the risk of 
        injury, disease, and disability among older 
        individuals;
          (4) facilitate, in coordination with the 
        Administrator of the Centers for Medicare & Medicaid 
        Services, and other heads of Federal entities as 
        appropriate, the provision of long-term care in home 
        and community-based settings, including the provision 
        of such care through self-directed care models that--
                  (A) provide for the assessment of the needs 
                and preferences of an individual at risk for 
                institutional placement to help such individual 
                avoid unnecessary institutional placement and 
                depletion of income and assets to qualify for 
                benefits under the Medicaid program under title 
                XIX of the Social Security Act (42 U.S.C. 1396 
                et seq.);
                  (B) respond to the needs and preferences of 
                such individual and provide the option--
                          (i) for the individual to direct and 
                        control the receipt of supportive 
                        services provided; or
                          (ii) as appropriate, for a person who 
                        was appointed by the individual, or is 
                        legally acting on the individual's 
                        behalf, in order to represent or advise 
                        the individual in financial or service 
                        coordination matters (referred to in 
                        this paragraph as a ``representative'' 
                        of the individual), to direct and 
                        control the receipt of those services; 
                        and
                  (C) assist an older individual (or, as 
                appropriate, a representative of the 
                individual) to develop a plan for long-term 
                support, including selecting, budgeting for, 
                and purchasing home and community-based long-
                term care and supportive services;
          (5) provide for the Administration to play a lead 
        role with respect to issues concerning home and 
        community-based long-term care, including--
                  (A) directing (as the Secretary or the 
                President determines to be appropriate) or 
                otherwise participating in departmental and 
                interdepartmental activities concerning long-
                term care;
                  (B) reviewing and commenting on departmental 
                rules, regulations, and policies related to 
                providing long-term care;
                  (C) making recommendations to the Secretary 
                with respect to home and community-based long-
                term care, including recommendations based on 
                findings made through projects conducted under 
                paragraph (2); and
                  (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;
          (6) promote, in coordination with other appropriate 
        Federal agencies--
                  (A) enhanced awareness by the public of the 
                importance of planning in advance for long-term 
                care; and
                  (B) the availability of information and 
                resources to assist in such planning;
          (7) ensure access to, and the dissemination of, 
        information about all long-term care options and 
        service providers, including the availability of 
        integrated long-term care;
          (8) implement in all States Aging and Disability 
        Resource Centers--
                  (A) to serve as visible and trusted sources 
                of information on the full range of long-term 
                care options, including both institutional and 
                home and community-based care, which are 
                available in the community;
                  (B) to provide personalized and consumer-
                friendly assistance to empower individuals to 
                identify and articulate goals of care and to 
                make informed decisions about their care 
                options;
                  (C) to provide coordinated and streamlined 
                access to all publicly supported long-term care 
                options so that consumers can obtain the care 
                they need through a single intake, assessment, 
                and eligibility determination process;
                  (D) to help individuals to respond to or plan 
                ahead for their long-term care needs;
                  (E) to assist (in coordination with the 
                entities carrying out the health insurance 
                information, counseling, and assistance program 
                (receiving funding under section 4360 of the 
                Omnibus Budget Reconciliation Act of 1990 (42 
                U.S.C. 1395b-4)) in the States) beneficiaries, 
                and prospective beneficiaries, under the 
                Medicare program established under title XVIII 
                of the Social Security Act (42 U.S.C. 1395 et 
                seq.) in understanding and accessing 
                prescription drug and preventative health 
                benefits under the provisions of, and 
                amendments made by, the Medicare Prescription 
                Drug, Improvement, and Modernization Act of 
                2003; and
                  (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;
          (9) establish, either directly or through grants or 
        contracts, national technical assistance programs to 
        assist State agencies, area agencies on aging, and 
        community-based service providers funded under this Act 
        in implementing--
                  (A) home and community-based long-term care 
                systems, including evidence-based programs; 
                [and]
                  (B) evidence-based disease prevention and 
                health promotion services programs; and
                  (C) business acumen, capacity building, 
                organizational development, innovation, and 
                other methods of growing and sustaining the 
                capacity of the aging network to serve older 
                individuals and caregivers most effectively;
          (10) develop, in collaboration with the Administrator 
        of the Centers for Medicare & Medicaid Services, 
        performance standards and measures for use by States to 
        determine the extent to which their State systems of 
        long-term care fulfill the objectives described in this 
        subsection; and
          (11) conduct such other activities as the Assistant 
        Secretary determines to be appropriate.
  (c) The Assistant Secretary, in consultation with the Chief 
Executive Officer of the Corporation for National and Community 
Service, shall--
          (1) encourage and permit volunteer groups (including 
        organizations carrying out national service programs 
        and including organizations of youth in secondary or 
        postsecondary school) that are active in supportive 
        services and civic engagement to participate and be 
        involved individually or through representative groups 
        in supportive service and civic engagement programs or 
        activities to the maximum extent feasible;
          (2) develop a comprehensive strategy for utilizing 
        older individuals to address critical local needs of 
        national concern, including the engagement of older 
        individuals in the activities of public and nonprofit 
        organizations such as community-based organizations, 
        including faith-based organizations; and
          (3) encourage other community capacity-building 
        initiatives involving older individuals, with 
        particular attention to initiatives that demonstrate 
        effectiveness and cost savings in meeting critical 
        needs.
  (d)(1) The Assistant Secretary shall establish and operate 
the National Center on Elder Abuse (in this subsection referred 
to as the ``Center'').
  (2) In operating the Center, the Assistant Secretary shall--
          (A) annually compile, publish, and disseminate a 
        summary of recently conducted research on elder abuse, 
        neglect, and exploitation;
          (B) develop and maintain an information clearinghouse 
        on all programs (including private programs) showing 
        promise of success, for the prevention, identification, 
        and treatment of elder abuse, neglect, and 
        exploitation;
          (C) compile, publish, and disseminate training 
        materials for personnel who are engaged or intend to 
        engage in the prevention, identification, and treatment 
        of elder abuse, neglect, and exploitation;
          (D) provide technical assistance to State agencies 
        and to other public and nonprofit private agencies and 
        organizations to assist the agencies and organizations 
        in planning, improving, developing, and carrying out 
        programs and activities relating to the special 
        problems of elder abuse, neglect, and exploitation; and
          (E) conduct research and demonstration projects 
        regarding the causes, prevention, identification, and 
        treatment of elder abuse, neglect, and exploitation.
  (3)(A) The Assistant Secretary shall carry out paragraph (2) 
through grants or contracts.
  (B) The Assistant Secretary shall issue criteria applicable 
to the recipients of funds under this subsection. To be 
eligible to receive a grant or enter into a contract under 
subparagraph (A), an entity shall submit an application to the 
Assistant Secretary at such time, in such manner, and 
containing such information as the Assistant Secretary may 
require.
  (C) The Assistant Secretary shall--
          (i) establish research priorities for making grants 
        or contracts to carry out paragraph (2)(E); and
          (ii) not later than 60 days before the date on which 
        the Assistant Secretary establishes such priorities, 
        publish in the Federal Register for public comment a 
        statement of such proposed priorities.
  (4) The Assistant Secretary shall make available to the 
Center such resources as are necessary for the Center to carry 
out effectively the functions of the Center under this Act and 
not less than the amount of resources made available to the 
Resource Center on Elder Abuse for fiscal year 2000.
  (e)(1)(A) The Assistant Secretary shall make grants or enter 
into contracts with eligible entities to establish the National 
Aging Information Center (in this subsection referred to as the 
``Center'') to--
          (i) provide information about grants and projects 
        under title IV;
          (ii) annually compile, analyze, publish, and 
        disseminate--
                  (I) statistical data collected under 
                subsection (a)(19);
                  (II) census data on aging demographics; and
                  (III) data from other Federal agencies on the 
                health, social, and economic status of older 
                individuals and on the services provided to 
                older individuals;
          (iii) biennially compile, analyze, publish, and 
        disseminate statistical data collected on the 
        functions, staffing patterns, and funding sources of 
        State agencies and area agencies on aging;
          (iv) analyze the information collected under section 
        201(c)(3)(F) by the Director of the Office for American 
        Indian, Alaskan Native, and Native Hawaiian Aging;
          (v) provide technical assistance, training, and other 
        means of assistance to State agencies, area agencies on 
        aging, and service providers, regarding State and local 
        data collection and analysis; and
          (vi) be a national resource on statistical data 
        regarding aging.
  (B) To be eligible to receive a grant or enter into a 
contract under subparagraph (A), an entity shall submit an 
application to the Assistant Secretary at such time, in such 
manner, and containing such information as the Assistant 
Secretary may require.
  (C) Entities eligible to receive a grant or enter into a 
contract under subparagraph (A) shall be organizations with a 
demonstrated record of experience in education and information 
dissemination.
  (2)(A) The Assistant Secretary shall establish procedures 
specifying the length of time that the Center shall provide the 
information described in paragraph (1) with respect to a 
particular project or activity. The procedures shall require 
the Center to maintain the information beyond the term of the 
grant awarded, or contract entered into, to carry out the 
project or activity.
  (B) The Assistant Secretary shall establish the procedures 
described in subparagraph (A) after consultation with--
          (i) practitioners in the field of aging;
          (ii) older individuals;
          (iii) representatives of institutions of higher 
        education;
          (iv) national aging organizations;
          (v) State agencies;
          (vi) area agencies on aging;
          (vii) legal assistance providers;
          (viii) service providers; and
          (ix) other persons with an interest in the field of 
        aging.
  (f)(1) The Assistant Secretary, in accordance with the 
process described in paragraph (2), and in collaboration with a 
representative group of State agencies, tribal organizations, 
area agencies on aging, and providers of services involved in 
the performance outcome measures shall develop and publish by 
December 31, 2001, a set of performance outcome measures for 
planning, managing, and evaluating activities performed and 
services provided under this Act. To the maximum extent 
possible, the Assistant Secretary shall use data currently 
collected (as of the date of development of the measures) by 
State agencies, area agencies on aging, and service providers 
through the National Aging Program Information System and other 
applicable sources of information in developing such measures.
  (2) The process for developing the performance outcome 
measures described in paragraph (1) shall include--
          (A) a review of such measures currently in use by 
        State agencies and area agencies on aging (as of the 
        date of the review);
          (B) development of a proposed set of such measures 
        that provides information about the major activities 
        performed and services provided under this Act;
          (C) pilot testing of the proposed set of such 
        measures, including an identification of resource, 
        infrastructure, and data collection issues at the State 
        and local levels; and
          (D) evaluation of the pilot test and recommendations 
        for modification of the proposed set of such measures.
  (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.
  (h) The Assistant Secretary shall publish, on an annual 
basis, a list of centers and demonstration projects funded 
under each title of the Act. The Assistant Secretary shall 
ensure that this information is also directly provided to 
States and area agencies on aging.
  (i)(1) The Assistant Secretary shall convene an advisory 
council on social isolation with aging network stakeholders, 
including caregivers, and select members in a manner that 
ensures geographic diversity of the members--
          (A) to review and evaluate efforts to address social 
        isolation and loneliness among older individuals; and
          (B) to identify challenges, solutions, and best 
        practices related to such efforts.
  (2) The advisory council convened under paragraph (1) shall--
          (A) ensure consideration of consumer-directed care 
        models; and
          (B) submit a report to Congress on its findings.
  (3) The Federal Advisory Committee Act (5 U.S.C. App.) shall 
not apply with respect to the advisory council convened under 
paragraph (1).
  (j)(1) The Assistant Secretary shall, directly or by grant or 
contract, operate the National Resource Center for Women and 
Retirement (in this subsection referred to as the ``Center'').
  (2) The Center shall--
          (A) provide basic financial management, retirement 
        planning, and other educational tools that promote 
        financial wellness and help to identify and prevent 
        fraud and elder exploitation, and integrate these with 
        information on health and long-term care;
          (B) annually disseminate a summary of outreach 
        provided, including work to provide user-friendly 
        consumer information and public education materials;
          (C) develop targeted outreach strategies;
          (D) provide technical assistance to State agencies 
        and to other public and nonprofit private agencies and 
        organizations; and
          (E) develop partnerships and collaborations to 
        address program objectives.

                      federal agency consultation

  Sec. 203. (a)(1) The Assistant Secretary, in carrying out the 
objectives and provisions of this Act, shall coordinate, 
advise, consult with, and cooperate with the head of each 
department, agency, or instrumentality of the Federal 
Government proposing or administering programs or services 
substantially related to the objectives of this Act, with 
respect to such programs or services. In particular, the 
Assistant Secretary shall coordinate, advise, consult, and 
cooperate with the Secretary of Labor in carrying out title V 
and with the Corporation for National and Community Service in 
carrying out this Act.
  (2) The head of each department, agency, or instrumentality 
of the Federal Government proposing to establish programs and 
services substantially related to the objectives of this Act 
shall consult with the Assistant Secretary prior to the 
establishment of such programs and services. To achieve 
appropriate coordination, the head of each department, agency, 
or instrumentality of the Federal Government administering any 
program substantially related to the objectives of this Act, 
particularly administering any program referred to in 
subsection (b), shall consult and cooperate with the Assistant 
Secretary in carrying out such program. In particular, the 
Secretary of Labor shall consult and cooperate with the 
Assistant Secretary in carrying out title I of the Workforce 
Innovation and Opportunity Act.
  (3) The head of each department, agency, or instrumentality 
of the Federal Government administering programs and services 
substantially related to the objectives of this Act shall 
collaborate with the Assistant Secretary in carrying out this 
Act, and shall develop a written analysis, for review and 
comment by the Assistant Secretary, of the impact of such 
programs and services on--
          (A) 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 eligible individuals (as 
        defined in section 518); and
          (B) the functions and responsibilities of State 
        agencies and area agencies on aging.
  (b) For the purposes of subsection (a), programs related to 
the objectives of this Act shall include--
          (1) title I of the Workforce Innovation and 
        Opportunity Act,
          (2) title II of the Domestic Volunteer Service Act of 
        1973,
          (3) titles XVI, XVIII, XIX, and XX of the Social 
        Security Act,
          (4) sections 231 and 232 of the National Housing Act,
          (5) the United States Housing Act of 1937,
          (6) section 202 of the Housing Act of 1959,
          (7) title I of the Housing and Community Development 
        Act of 1974,
          (8) title I of the Higher Education Act of 1965 and 
        the Adult Education and Family Literacy Act,
          (9) sections 3, 9, and 16 of the Urban Mass 
        Transportation Act of 1964,
          (10) the Public Health Service Act, including block 
        grants under title XIX of such Act,
          (11) the Low-Income Home Energy Assistance Act of 
        1981,
          (12) part A of the Energy Conservation in Existing 
        Buildings Act of 1976, relating to weatherization 
        assistance for low income persons,
          (13) the Community Services Block Grant Act,
          (14) demographic statistics and analysis programs 
        conducted by the Bureau of the Census under title 13, 
        United States Code,
          (15) parts II and III of title 38, United States 
        Code,
          (16) the Rehabilitation Act of 1973,
          (17) the Developmental Disabilities Assistance and 
        Bill of Rights Act of 2000,
          (18) the Edward Byrne Memorial State and Local Law 
        Enforcement Assistance Programs, established under part 
        E of title I of the Omnibus Crime Control and Safe 
        Streets Act of 1968 (42 U.S.C. 3750-3766b)), [and]
          (19) sections 4 and 5 of the Assistive Technology Act 
        of 1998 (29 U.S.C. 3003, 3004)[.], and
          (20) section 393D of the Public Health Service Act 
        (42 U.S.C. 280b-1f), relating to safety of seniors.
  (c)(1) The Secretary, in collaboration with the Federal 
officials specified in paragraph (2), shall establish an 
Interagency Coordinating Committee on [Aging] Age-Friendly 
Communities (referred to in this subsection as the 
``Committee'') focusing on the coordination of agencies with 
respect to aging issues to support the ability of older 
individuals to age in place, including through the provision of 
homelessness prevention services, support the ability of older 
individuals to access preventive health care, promote age-
friendly communities, and address the ability of older 
individuals to access long-term care supports, including access 
to caregivers and home- and community-based services.
  (2) The officials referred to in paragraph (1) shall include 
the Secretary of Labor and the Secretary of Housing and Urban 
Development, and may include, at the direction of the 
President, the Attorney General, the Secretary of 
Transportation, the Secretary of the Treasury, the Secretary of 
Agriculture, the Secretary of Homeland Security, the 
Commissioner of Social Security, and such other Federal 
officials as the President may direct. An official described in 
this paragraph may appoint a designee to carry out the 
official's duties under paragraph (1).
  (3) The Secretary of Health and Human Services shall serve as 
the first chairperson of the Committee, for 1 term, and the 
Secretary of Housing and Urban Development shall serve as the 
chairperson for the following term. After that following term, 
the Committee shall select a chairperson from among the members 
of the Committee, and any member may serve as the chairperson. 
No member may serve as the chairperson for more than 1 
consecutive term.
  (4) For purposes of this subsection, a term shall be a period 
of 2 calendar years, except that the 1st term of a member 
appointed to the Interagency Coordinating Committee on Age-
Friendly Communities shall begin not later than 1 year after 
the date of the enactment of the effective date of this 
exception.
  (5) The Committee shall meet not less often than [once each 
year] semiannually.
  (6) The Committee shall--
          (A) share information with and establish an ongoing 
        system to improve coordination among Federal agencies 
        with responsibility for programs and services for older 
        individuals and recommend improvements to such system 
        with an emphasis on--
                  (i) improving access to programs and services 
                for older individuals;
                  (ii) maximizing the impact of federally 
                funded programs and services for older 
                individuals by increasing the efficiency, 
                effectiveness, and delivery of such programs 
                and services;
                  (iii) planning and preparing for the impact 
                of demographic changes on programs and services 
                for older individuals; [and]
                  (iv) reducing or eliminating areas of overlap 
                and duplication by Federal agencies in the 
                provision and accessibility of such programs 
                and services; and
                  (v) identifying best practices for connecting 
                older individuals to services for which they 
                may be eligible;
          (B) identify, promote, and implement (as 
        appropriate), best practices and evidence-based program 
        and service models to assist older individuals in 
        meeting their housing, health care, and other 
        supportive service needs, including--
                  (i) consumer-directed care models for home 
                and community-based care and supportive 
                services that link housing, health care, and 
                other supportive services and that facilitate 
                aging in place, enabling older individuals to 
                remain in their homes and communities as the 
                individuals age; and
                  [(ii) innovations in technology applications 
                (including assistive technology devices and 
                assistive technology services) that give older 
                individuals access to information on available 
                services or that help in providing services to 
                older individuals;]
                  (ii) innovations in technology applications 
                (including assistance technology devices and 
                assistance technology services) that--
                          (I) promote safe and accessible 
                        independent living environments; and
                          (II) give older individuals access to 
                        information on available services or 
                        help in providing services to older 
                        individuals;
          (C) collect and disseminate information about older 
        individuals and the programs and services available to 
        the individuals to ensure that the individuals can 
        access comprehensive information;
          (D) work with the Federal Interagency Forum on Aging-
        Related Statistics, the Bureau of the Census, and 
        member agencies to ensure the continued collection of 
        data relating to the housing, health care, and other 
        supportive service needs of older individuals and to 
        support efforts to identify and address unmet data 
        needs;
          (E) work with the Centers for Disease Control and 
        Prevention, the National Institute on Aging, Centers 
        for Medicare and Medicaid Services, the Housing and 
        Urban Development Office of Lead Hazard Control and 
        Healthy Homes, and other Federal agencies as 
        appropriate, to develop recommendations, in accordance 
        with paragraph (1), to reduce falls among older 
        individuals that incorporate evidence-based falls 
        prevention programs and home modifications to reduce 
        and prevent falls;
          [(E)] (F) actively seek input from and consult with 
        [nongovernmental experts and organizations, including 
        public health interest and research groups and 
        foundations] nongovernmental organizations, academic or 
        research institutions, community-based organizations, 
        and philanthropic organizations about the activities 
        described in subparagraphs (A) through [(F)] (G);
          [(F)] (G) identify any barriers and impediments, 
        including barriers and impediments in statutory and 
        regulatory law, to the access and use by older 
        individuals of federally funded programs and services; 
        and
          [(G)] (H) work with States to better provide housing, 
        health care, and other supportive services to older 
        individuals by--
                  (i) holding meetings with State agencies;
                  (ii) providing ongoing technical assistance 
                to States about better meeting the needs of 
                older individuals; and
                  (iii) working with States to designate 
                liaisons, from the State agencies, to the 
                Committee.
  (7) Not later than 90 days following the end of each term, 
the Committee shall prepare and submit to the Committee on 
Financial Services of the House of Representatives, the 
[Committee on Education and the Workforce] Committee on 
Education and Labor of the House of Representatives, the 
Committee on Energy and Commerce of the House of 
Representatives, the Committee on Ways and Means of the House 
of Representatives, the Committee on Banking, Housing, and 
Urban Affairs of the Senate, the Committee on Health, 
Education, Labor, and Pensions of the Senate, and the Special 
Committee on Aging of the Senate, a report that--
          (A) describes the activities and accomplishments of 
        the Committee in--
                  (i) enhancing the overall coordination of 
                federally funded programs and services for 
                older individuals; and
                  (ii) meeting the requirements of paragraph 
                (6);
          (B) incorporates an analysis from the head of each 
        agency that is a member of the interagency coordinating 
        committee established under paragraph (1) that 
        describes the barriers and impediments, including 
        barriers and impediments in statutory and regulatory 
        law (as the chairperson of the Committee determines to 
        be appropriate), to the access and use by older 
        individuals of programs and services administered by 
        such agency; and
          (C) makes such recommendations as the chairman 
        determines to be appropriate for actions to meet the 
        needs described in paragraph (6) and for coordinating 
        programs and services designed to meet those needs.
  (8) On the request of the Committee, any Federal Government 
employee may be detailed to the Committee without 
reimbursement, and such detail shall be without interruption or 
loss of civil service status or privilege.
  (9) In this subsection, the term ``age-friendly community'' 
means a community that---
          (A) is taking steps--
                  (i) to include accessible housing, accessible 
                spaces and buildings, safe and secure paths, 
                variable route transportation services, and 
                programs and services designed to maintain 
                health and well-being;
                  (ii) to respect and include older individuals 
                in social opportunities, civic participation, 
                volunteerism, and employment; and
                  (iii) to facilitate access to supportive 
                services for older individuals; and
          (B) has a plan in place to meet local needs for 
        housing, transportation, civic participation, social 
        connectedness, and accessible spaces.

           *       *       *       *       *       *       *


SEC. 203B. FEDERAL COORDINATION OF SUPPORTS AND SERVICES FOR LIVING 
                    INDEPENDENTLY AND SAFELY AT HOME.

  (a) Initiative.--The Assistant Secretary shall carry out an 
initiative under this section to identify and disseminate 
information about Federal resources to promote falls 
prevention, home assessments, and home modifications, which may 
include in-home assistive technology, to enable older 
individuals to live independently and safely in a home 
environment.
  (b) Coordination of Federal Efforts.--In carrying out the 
initiative under this section, the Assistant Secretary shall 
coordinate, through memoranda of understanding, agreements, or 
other appropriate means of coordination, with all Federal 
efforts and Federal programs in effect on the effective date of 
this section that support evidence-based falls prevention, home 
assessments, and home modifications, which may include in-home 
assistive technology, for older individuals, including older 
individuals with disabilities.
  (c) Reports.--Not later than 1 year after the effective date 
of this section, and triennially thereafter as needed, the 
Assistant Secretary shall publish a report that includes--
          (1) an inventory of the then current Federal programs 
        that support evidence-based falls prevention, home 
        assessments, and home modifications, which may include 
        in-home assistive technology, for older individuals and 
        older individuals with disabilities;
          (2) for the fiscal year of the report, statistical 
        data on the number of older individuals and older 
        individuals with disabilities served by each Federal 
        program described in paragraph (1), including a 
        demographic analysis and the approximate amount of 
        Federal funding invested in each such program;
          (3) an evaluation of the impact of Federal programs 
        that support falls prevention and home modifications, 
        which may include in-home assistive technology, on 
        health status and health outcomes in populations 
        supported by such efforts and programs; and
          (4) information on the extent to which consumer-
        friendly resources, such as a brochure--
                  (A) are available through the National 
                Eldercare Locator Service established under 
                section 202(a)(21);
                  (B) are accessible to all area agencies on 
                aging; and
                  (C) contain information on home assessments 
                and home modifications for older individuals 
                attempting to live independently and safely in 
                their homes and for the caregivers of such 
                individuals.

           *       *       *       *       *       *       *


                       administration of the act

  Sec. 205. (a)(1) In carrying out the objectives of this Act, 
the Assistant Secretary is authorized to--
          (A) provide consultative services and technical 
        assistance to public or nonprofit private agencies and 
        organizations;
          (B) provide short-term training and technical 
        instruction;
          (C) conduct research and demonstrations; and
          (D) collect, prepare, publish, and disseminate 
        special educational or informational materials, 
        including reports of the projects for which funds are 
        provided under this Act.
  (2)(A) The Assistant Secretary shall designate an officer or 
employee who shall serve on a full-time basis and who shall be 
responsible for the administration of the nutrition services 
described in subparts 1 and 2 of part C of title III and shall 
have duties that include--
          (i) designing, implementing, and evaluating evidence-
        based programs to support improved nutrition and 
        regular physical activity for older individuals;
          (ii) developing guidelines for nutrition providers 
        concerning safety, sanitary handling of food, 
        equipment, preparation, and food storage;
          (iii) conducting outreach and disseminating evidence-
        based information to nutrition service providers about 
        the benefits of healthful diets and regular physical 
        activity, including information about the most current 
        Dietary Guidelines for Americans published under 
        section 301 of the National Nutrition Monitoring and 
        Related Research Act of 1990 (7 U.S.C. 5341), the Food 
        Guidance System of the Department of Agriculture, and 
        advances in nutrition science;
          (iv) promoting coordination between nutrition service 
        providers and community-based organizations serving 
        older individuals;
          (v) developing guidelines on cost containment;
          (vi) defining a long range role for the nutrition 
        services in community-based care systems;
          (vii) developing model menus and other appropriate 
        materials for serving special needs populations and 
        meeting cultural meal preferences;
          (viii) disseminating guidance that describes 
        strategies for improving the nutritional quality of 
        meals provided under title III, including strategies 
        for increasing the consumption of whole grains, lowfat 
        dairy products, fruits, and vegetables;
          (ix) developing and disseminating guidelines for 
        conducting nutrient analyses of meals provided under 
        subparts 1 and 2 of part C of title III, including 
        guidelines for averaging key nutrients over an 
        appropriate period of time; and
          (x) providing technical assistance to the regional 
        offices of the Administration with respect to each duty 
        described in clauses (i) through (ix).
  (B) The regional offices of the Administration shall be 
responsible for disseminating, and providing technical 
assistance regarding, the guidelines and information described 
in clauses (ii), (iii), and (v) of subparagraph (A) to State 
agencies, area agencies on aging, and persons that provide 
nutrition services under part C of title III.
  (C) The Assistant Secretary may provide technical assistance, 
including through the regional offices of the Administration, 
to State agencies, area agencies on aging, local government 
agencies, or leaders in age-friendly communities (as defined in 
section 203(c)(9)) regarding--
          (i) dissemination of, or consideration of ways to 
        implement, best practices and recommendations from the 
        Interagency Coordinating Committee on Age-Friendly 
        Communities established under section 203(c); and
          (ii) methods for managing and coordinating existing 
        programs to meet the needs of growing age-friendly 
        communities.
  [(C)] (D) The officer or employee designated under 
subparagraph (A) shall--
          (i) have expertise in nutrition, energy balance, and 
        meal planning; and
          [(ii)(I) be a registered dietitian;
          [(II) be a credentialed nutrition professional; or
          [(III) have education and training that is 
        substantially equivalent to the education and training 
        for a registered dietitian or a credentialed nutrition 
        professional.]
          (ii) be a registered dietitian or registered 
        dietitian nutritionist.
  (b) In administering the functions of the Administration 
under this Act, the Assistant Secretary may utilize the 
services and facilities of any agency of the Federal Government 
and of any other public or nonprofit agency or organization, in 
accordance with agreements between the Assistant Secretary and 
the head thereof, and is authorized to pay therefor, in advance 
or by way of reimbursement, as may be provided in the 
agreement.

           *       *       *       *       *       *       *


                                reports

  Sec. 207. (a) Not later than one hundred and twenty days 
after the close of each fiscal year, the Assistant Secretary 
shall prepare and submit to the President and to the Congress a 
full and complete report on the activities carried out under 
this Act. Such annual reports shall include--
          (1) statistical data reflecting services and 
        activities provided to individuals during the preceding 
        fiscal year;
          (2) statistical data collected under section 
        202(a)(16);
          (3) statistical data and an analysis of information 
        regarding the effectiveness of the State agency and 
        area agencies on aging in targeting services to older 
        individuals with greatest economic need and older 
        individuals with greatest social need, with particular 
        attention to low-income minority individuals, older 
        individuals residing in rural areas, low-income 
        individuals, and frail individuals (including 
        individuals with any physical or mental functional 
        impairment); and
          (4) a description of the implementation of the plan 
        required by section 202(a)(14).
  (b)(1) Not later than March 1 of each year, the Assistant 
Secretary shall compile a report--
          (A) summarizing and analyzing the data collected 
        under titles III and VII in accordance with section 
        712(c) for the then most recently concluded fiscal 
        year;
          (B) identifying significant problems and issues 
        revealed by such data (with special emphasis on 
        problems relating to quality of care and residents' 
        rights);
          (C) discussing current issues concerning the long-
        term care ombudsman programs of the States; and
          (D) making recommendations regarding legislation and 
        administrative actions to resolve such problems.
  (2) The Assistant Secretary shall submit the report required 
by paragraph (1) to--
          (A) the Special Committee on Aging of the Senate;
          (B) the Committee on [Education and the Workforce] 
        Education and Labor of the House of Representatives; 
        and
          (C) the Committee on Health, Education, Labor, and 
        Pensions of the Senate.
  (3) The Assistant Secretary shall provide the report required 
by paragraph (1), and make the State reports required under 
titles III and VII in accordance with section 712(h)(1) 
available, to--
          (A) the [Administrator of the Health Care Finance 
        Administration] Administrator of the Centers for 
        Medicare and Medicaid Services;
          (B) the Office of the Inspector General of the 
        Department of Health and Human Services;
          (C) the Office of Civil Rights of the Department of 
        Health and Human Services;
          (D) the Secretary of Veterans Affairs; and
          (E) each public agency or private organization 
        designated as an Office of the State Long-Term Care 
        Ombudsman under title III or VII in accordance with 
        section 712(a)(4)(A).
  (c) The Assistant Secretary shall, as part of the annual 
report submitted under subsection (a), prepare and submit a 
report on the outreach activities supported under this Act, 
together with such recommendations as the Assistant Secretary 
deems appropriate. In carrying out this subsection, the 
Assistant Secretary shall consider--
          (1) the number of older individuals reached through 
        the activities;
          (2) the dollar amount of the assistance and benefits 
        received by older individuals as a result of such 
        activities;
          (3) the cost of such activities in terms of the 
        number of individuals reached and the dollar amount 
        described in paragraph (2);
          (4) the effect of such activities on supportive 
        services and nutrition services furnished under title 
        III of this Act; and
          (5) the effectiveness of State and local efforts to 
        target older individuals with greatest economic need 
        (including low-income minority individuals and older 
        individuals residing in rural areas) and older 
        individuals with greatest social need (including low-
        income minority individuals and older individuals 
        residing in rural areas) to receive services under this 
        Act.

           *       *       *       *       *       *       *


SEC. 215. PENSION COUNSELING AND INFORMATION PROGRAMS.

  (a) Definitions.--In this section:
          (1) Pension and other retirement benefits.--The term 
        ``pension and other retirement benefits'' means 
        private, civil service, and other public pensions and 
        retirement benefits, including benefits provided 
        under--
                  (A) the Social Security program under title 
                II of the Social Security Act (42 U.S.C. 401 et 
                seq.);
                  (B) the railroad retirement program under the 
                Railroad Retirement Act of 1974 (45 U.S.C. 231 
                et seq.);
                  (C) the government retirement benefits 
                programs under the Civil Service Retirement 
                System set forth in chapter 83 of title 5, 
                United States Code, the Federal Employees 
                Retirement System set forth in chapter 84 of 
                title 5, United States Code, or other Federal 
                retirement systems; or
                  (D) employee pension benefit plans as defined 
                in section 3(2) of the Employee Retirement 
                Income Security Act of 1974 (29 U.S.C. 
                1002(2)).
          (2) Pension counseling and information program.--The 
        term ``pension counseling and information program'' 
        means a program described in subsection (b).
  (b) Program Authorized.--The Assistant Secretary shall award 
grants to eligible entities to establish and carry out pension 
counseling and information programs that create or continue a 
sufficient number of pension assistance and counseling programs 
to provide outreach, information, counseling, referral, and 
other assistance regarding pension and other retirement 
benefits, and rights related to such benefits, to individuals 
in the United States.
  (c) Eligible Entities.--The Assistant Secretary shall award 
grants under this section to--
          (1) State agencies or area agencies on aging; and
          (2) nonprofit organizations with a proven record of 
        providing--
                  (A) services related to retirement of older 
                individuals;
                  (B) services to Native Americans; or
                  (C) specific pension counseling.
  (d) Citizen Advisory Panel.--The Assistant Secretary shall 
establish a citizen advisory panel to advise the Assistant 
Secretary regarding which entities should receive grant awards 
under this section. Such panel shall include representatives of 
business, labor, national senior advocates, and national 
pension rights advocates. The Assistant Secretary shall consult 
such panel prior to awarding grants under this section.
  (e) Application.--To be eligible to receive a grant under 
this section, an entity 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--
          (1) a plan to establish a pension counseling and 
        information program that--
                  (A) establishes or continues a State or area 
                pension counseling and information program;
                  (B) serves a specific geographic area;
                  (C) provides counseling (including direct 
                counseling and assistance to individuals who 
                need information regarding pension and other 
                retirement benefits) and information that may 
                assist individuals in obtaining, or 
                establishing rights to, and filing claims or 
                complaints regarding, pension and other 
                retirement benefits;
                  (D) provides information on sources of 
                pension and other retirement benefits;
                  (E) establishes a system to make referrals 
                for legal services and other advocacy programs;
                  (F) establishes a system of referral to 
                Federal, State, and local departments or 
                agencies related to pension and other 
                retirement benefits;
                  (G) provides a sufficient number of staff 
                positions (including volunteer positions) to 
                ensure information, counseling, referral, and 
                assistance regarding pension and other 
                retirement benefits;
                  (H) provides training programs for staff 
                members, including volunteer staff members, of 
                pension and other retirement benefits programs;
                  (I) makes recommendations to the 
                Administration, the Department of Labor and 
                other Federal, State, and local agencies 
                concerning issues for older individuals related 
                to pension and other retirement benefits; and
                  (J) establishes or continues an outreach 
                program to provide information, counseling, 
                referral and assistance regarding pension and 
                other retirement benefits, with particular 
                emphasis on outreach to women, minorities, 
                older individuals residing in rural areas, low-
                income retirees, and older individuals with 
                limited English proficiency; and
          (2) an assurance that staff members (including 
        volunteer staff members) have no conflict of interest 
        in providing the services described in the plan 
        described in paragraph (1).
  (f) Criteria.--The Assistant Secretary shall consider the 
following criteria in awarding grants under this section:
          (1) Evidence of a commitment by the entity to carry 
        out a proposed pension counseling and information 
        program.
          (2) The ability of the entity to perform effective 
        outreach to affected populations, particularly 
        populations with limited English proficiency and other 
        populations that are identified as in need of special 
        outreach.
          (3) Reliable information that the population to be 
        served by the entity has a demonstrable need for the 
        services proposed to be provided under the program.
          (4) The ability of the entity to provide services 
        under the program on a statewide or regional basis.
  (g) Training and Technical Assistance Program.--
                  (1) In general.--The Assistant Secretary 
                shall award grants to eligible entities to 
                establish training and technical assistance 
                programs that shall provide information and 
                technical assistance to the staffs of entities 
                operating pension counseling and information 
                programs described in subsection (b), and 
                general assistance to such entities, including 
                assistance in the design of program evaluation 
                tools.
                  (2) Eligible entities.--Entities that are 
                eligible to receive a grant under this 
                subsection include nonprofit private 
                organizations with a record of providing 
                national information, referral, and advocacy in 
                matters related to pension and other retirement 
                benefits.
                  (3) Application.--To be eligible to receive a 
                grant under this subsection, an entity shall 
                submit an application to the Assistant 
                Secretary at such time, in such manner, and 
                containing such information as the Assistant 
                Secretary may require.
  (h) Pension Assistance Hotline and Intragency Coordination.--
          (1) Hotline.--The Assistant Secretary shall enter 
        into agreements with other Federal agencies to 
        establish and administer a national telephone hotline 
        that shall provide information regarding pension and 
        other retirement benefits, and rights related to such 
        benefits.
          (2) Content.--Such hotline described in paragraph (1) 
        shall provide information for individuals (including 
        individuals with limited English proficiency) seeking 
        outreach, information, counseling, referral, and 
        assistance regarding pension and other retirement 
        benefits, and rights related to such benefits.
          (3) Agreements.--The Assistant Secretary may enter 
        into agreements with the Secretary of Labor and the 
        heads of other Federal agencies that regulate the 
        provision of pension and other retirement benefits in 
        order to carry out this subsection.
  (i) Report to Congress.--Not later than 30 months after the 
date of the enactment of this section, the Assistant Secretary 
shall submit to the [Committee on Education and the Workforce] 
Committee on Education and Labor of the House of 
Representatives and the Committee on Health, Education, Labor 
and Pensions of the Senate a report that--
          (1) summarizes the distribution of funds authorized 
        for grants under this section and the expenditure of 
        such funds;
          (2) summarizes the scope and content of training and 
        assistance provided under a program carried out under 
        this section and the degree to which the training and 
        assistance can be replicated;
          (3) outlines the problems that individuals 
        participating in programs funded under this section 
        encountered concerning rights related to pension and 
        other retirement benefits; and
          (4) makes recommendations regarding the manner in 
        which services provided in programs funded under this 
        section can be incorporated into the ongoing programs 
        of State agencies, area agencies on aging, multipurpose 
        senior centers and other similar entities.
  (j) Administrative Expenses.--Of the funds appropriated under 
section 216 to carry out this section for a fiscal year, not 
more than $100,000 may be used by the Administration for 
administrative expenses.

[SEC. 216. AUTHORIZATION OF APPROPRIATIONS.

  [(a) In General.--For purposes of carrying out this Act, 
there are authorized to be appropriated for administration, 
salaries, and expenses of the Administration $40,063,000 for 
each of the fiscal years 2017, 2018, and 2019.
  [(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.]

SEC. 216. AUTHORIZATION OF APPROPRIATIONS.

  (a) In General.--For purposes of carrying out this Act, there 
are authorized to be appropriated for administration, salaries, 
and expenses of the Administration $44,042,171 for fiscal year 
2020, $46,684,701 for fiscal year 2021, $49,485,783 for fiscal 
year 2022, $52,454,930 for fiscal year 2023, and $55,602,226 
for fiscal year 2024.
  (b) Authorization of Appropriations for Programs.--There are 
authorized to be appropriated--
          (1) to carry out section 201(g), $20,000,000 for each 
        of the fiscal years 2020 through 2024;
          (2) to carry out section 202(a)(21) (relating to the 
        National Eldercare Locator Service), $2,186,227 for 
        fiscal year 2020, $2,317,401 for fiscal year 2021, 
        $2,456,445 for fiscal year 2022, $2,603,832 for fiscal 
        year 2023, and $2,760,062 for fiscal year 2024;
          (3) to carry out section 215, $1,992,460 for fiscal 
        year 2020, $2,112,008 for fiscal year 2021, $2,238,728 
        for fiscal year 2022, $2,373,052 for fiscal year 2023, 
        and $2,515,435 for fiscal year 2024;
          (4) to carry out section 202 (relating to Elder 
        Rights Support Activities under this title), $1,375,011 
        for fiscal year 2020, $1,457,511 for fiscal year 2021, 
        $1,544,962 for fiscal year 2022, $1,637,660 for fiscal 
        year 2023, and $1,735,919 for fiscal year 2024;
          (5) to carry out section 202(b) (relating to the 
        Aging and Disability Resource Centers), $8,708,043 for 
        fiscal year 2020, $9,230,526 for fiscal year 2021, 
        $9,784,357 for fiscal year 2022, $10,371,419 for fiscal 
        year 2023, and $10,993,704 for fiscal year 2024; and
          (6) to carry out section 201(c)(3)(H) (relating to 
        professional development and technical assistance for 
        programs under title VI), $500,000 for fiscal year 
        2020.

           *       *       *       *       *       *       *


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

                       Part A--General Provisions

                        purpose; administration

  Sec. 301. (a)(1) It is the purpose of this title to encourage 
and assist State agencies and area agencies on aging to 
concentrate resources in order to develop greater capacity and 
foster the development and implementation of comprehensive and 
coordinated systems to serve older individuals by entering into 
new cooperative arrangements in each State with the persons 
described in paragraph (2), for the planning, and for the 
provision of, supportive services, and multipurpose senior 
centers, in order to--
          (A) secure and maintain maximum independence and 
        dignity in a home environment for older individuals 
        capable of self care with appropriate supportive 
        services;
          (B) remove individual and social barriers to economic 
        and personal independence for older individuals;
          (C) provide a continuum of care for vulnerable older 
        individuals; [and]
          (D) secure the opportunity for older individuals to 
        receive managed in-home and community-based long-term 
        care services[.]; and
          (E) address the social determinants of health of 
        older individuals.
  (2) The persons referred to in paragraph (1) include--
          (A) State agencies and area agencies on aging;
          (B) other State agencies, including agencies that 
        administer home and community care programs;
          (C) Indian tribes, tribal organizations, and Native 
        Hawaiian organizations;
          (D) the providers, including voluntary organizations 
        or other private sector organizations, of supportive 
        services, nutrition services, and multipurpose senior 
        centers;
          (E) organizations representing or employing older 
        individuals or their families; and
          (F) organizations that have experience in providing 
        training, placement, and stipends for volunteers or 
        participants who are older individuals (such as 
        organizations carrying out Federal service programs 
        administered by the Corporation for National and 
        Community Service), in community service settings.
  (b)(1) In order to effectively carry out the purpose of this 
title, the Assistant Secretary shall administer programs under 
this title through the Administration.
  (2) In carrying out the provisions of this title, the 
Assistant Secretary may request the technical assistance and 
cooperation of the Department of Education, the Department of 
Labor, the Department of Housing and Urban Development, the 
Department of Transportation, the Office of Community Services, 
the Department of Veterans Affairs, the Substance Abuse and 
Mental Health Services Administration, and such other agencies 
and departments of the Federal Government as may be 
appropriate.
  (c) The Assistant Secretary shall provide technical 
assistance and training (by contract, grant, or otherwise) to 
State long-term care ombudsman programs established under 
section 307(a)(9) in accordance with section 712, and to 
individuals within such programs designated under section 712 
to be representatives of a long-term care ombudsman, in order 
to enable such ombudsmen and such representatives to carry out 
the ombudsman program effectively.
  (d)(1) Any funds received under an allotment as described in 
section 304(a), or funds contributed toward the non-Federal 
share under section 304(d), shall be used only for activities 
and services to benefit older individuals and other individuals 
as specifically provided for in this title.
  (2) No provision of this title shall be construed as 
prohibiting a State agency or area agency on aging from 
providing services by using funds from sources not described in 
paragraph (1).

                              definitions

  Sec. 302. For the purpose of this title--
          (1) The term ``comprehensive and coordinated system'' 
        means a system for providing all necessary supportive 
        services, including nutrition services, in a manner 
        designed to--
                  (A) facilitate accessibility to, and 
                utilization of, all supportive services and 
                nutrition services provided within the 
                geographic area served by such system by any 
                public or private agency or organization;
                  (B) develop and make the most efficient use 
                of supportive services and nutrition services 
                in meeting the needs of older individuals;
                  (C) use available resources efficiently and 
                with a minimum of duplication; and
                  (D) encourage and assist public and private 
                entities that have unrealized potential for 
                meeting the service needs of older individuals 
                to assist the older individuals on a voluntary 
                basis.
          (2) The term ``education and training service'' means 
        a supportive service designed to assist older 
        individuals to better cope with their economic, health, 
        and personal needs through services such as consumer 
        education, continuing education, health education, 
        preretirement education, financial planning, and other 
        education and training services which will advance the 
        objectives of this Act.
          (3) The term ``family caregiver'' means an adult 
        family member, or another individual, who is an 
        informal provider of in-home and community care to an 
        older individual or to an individual of any age with 
        Alzheimer's disease or a related disorder with 
        neurological and organic brain dysfunction.
          (4) The term ``unit of general purpose local 
        government'' means--
                  (A) a political subdivision of the State 
                whose authority is general and not limited to 
                only one function or combination of related 
                functions; or
                  (B) an Indian tribal organization.

            [authorization of appropriations; uses of funds

  [Sec. 303. (a)(1) There are authorized to be appropriated to 
carry out part B (relating to supportive services) $356,717,276 
for fiscal year 2017, $364,456,847 for fiscal year 2018, and 
$372,196,069 for fiscal year 2019.ff
  [(2) Funds appropriated under paragraph (1) shall be 
available to carry out section 712.
  [(b)(1) There are authorized to be appropriated to carry out 
subpart 1 of part C (relating to congregate nutrition services) 
$459,937,586 for fiscal year 2017, $469,916,692 for fiscal year 
2018, and $479,895,348 for fiscal year 2019.
  [(2) There are authorized to be appropriated to carry out 
subpart 2 of part C (relating to home delivered nutrition 
services) $232,195,942 for fiscal year 2017, $237,233,817 for 
fiscal year 2018, and $242,271,465 for fiscal year 2019.
  [(c) Grants made under part B, and subparts 1 and 2 of part 
C, of this title may be used for paying part of the cost of--
          [(1) the administration of area plans by area 
        agencies on aging designated under section 
        305(a)(2)(A), including the preparation of area plans 
        on aging consistent with section 306 and the evaluation 
        of activities carried out under such plans; and
          [(2) the development of comprehensive and coordinated 
        systems for supportive services, congregate and home 
        delivered nutrition services under subparts 1 and 2 of 
        part C, the development and operation of multipurpose 
        senior centers, and the delivery of legal assistance.
  [(d) There are authorized to be appropriated to carry out 
part D (relating to disease prevention and health promotion 
services) $20,361,334 for fiscal year 2017, $20,803,107 for 
fiscal year 2018, and $21,244,860 for fiscal year 2019.
  [(e) There are authorized to be appropriated to carry out 
part E (relating to family caregiver support) $154,336,482 for 
fiscal year 2017, $157,564,066 for fiscal year 2018, and 
$160,791,658 for fiscal year 2019.]

SEC. 303. AUTHORIZATION OF APPROPRIATIONS; USES OF FUNDS.

  (a)(1) There are authorized to be appropriated to carry out 
part B (relating to supportive services) $413,011,586 for 
fiscal year 2020, $437,792,281 for fiscal year 2021, 
$464,059,818 for fiscal year 2022, $491,903,407 for fiscal year 
2023, and $521,417,612 for fiscal year 2024.
  (2) Funds appropriated under paragraph (1) shall be available 
to carry out section 712.
  (b)(1) There are authorized to be appropriated to carry out 
subpart 1 of part C (relating to congregate nutrition services) 
$531,279,663 for fiscal year 2020, $563,156,443 for fiscal year 
2021, $596,945,830 for fiscal year 2022, $632,762,580 for 
fiscal year 2023, and $670,728,334 for fiscal year 2024.
  (2) There are authorized to be appropriated to carry out 
subpart 2 of part C (relating to home delivered nutrition 
services) $269,577,167 for fiscal year 2020, $285,751,797 for 
fiscal year 2021, $302,896,905 for fiscal year 2022, 
$321,070,719 for fiscal year 2023, and $340,334,963 for fiscal 
year 2024.
  (c) Grants made under part B, and subparts 1 and 2 of part C, 
of this title may be used for paying part of the cost of--
          (1) the administration of area plans by area agencies 
        on aging designated under section 305(a)(2)(A), 
        including the preparation of area plans on aging 
        consistent with section 306 and the evaluation of 
        activities carried out under such plans; and
          (2) the development of comprehensive and coordinated 
        systems for supportive services, congregate and home 
        delivered nutrition services under subparts 1 and 2 of 
        part C, the development and operation of multipurpose 
        senior centers, and the delivery of legal assistance.
  (d) There are authorized to be appropriated to carry out part 
D (relating to disease prevention and health promotion 
services) $26,650,753 for fiscal year 2020, $28,249,798 for 
fiscal year 2021, $29,944,786 for fiscal year 2022, $31,741,473 
for fiscal year 2023, and $33,645,961 for fiscal year 2024.
  (e) There are authorized to be appropriated to carry out part 
E (relating to family caregiver support) $194,331,264 for 
fiscal year 2020, $205,991,140 for fiscal year 2021, 
$218,350,609 for fiscal year 2022, $231,451,645 for fiscal year 
2023, and $245,338,744 for fiscal year 2024.

                        allotment; federal share

  Sec. 304. (a)(1) From the sums appropriated under subsections 
(a) through (d) of section 303 for each fiscal year, each State 
shall be allotted an amount which bears the same ratio to such 
sums as the population of older individuals in such State bears 
to the population of older individuals in all States.
  (2) In determining the amounts allotted to States from the 
sums appropriated under section 303 for a fiscal year, the 
Assistant Secretary shall first determine the amount allotted 
to each State under paragraph (1) and then proportionately 
adjust such amounts, if necessary, to meet the requirements of 
paragraph (3).
  (3)(A) No State shall be allotted less than \1/2\ of 1 
percent of the sum appropriated for the fiscal year for which 
the determination is made.
  (B) Guam and the United States Virgin Islands shall each be 
allotted not less than \1/4\ of 1 percent of the sum 
appropriated for the fiscal year for which the determination is 
made.
  (C) American Samoa and the Commonwealth of the Northern 
Mariana Islands shall each be allotted not less than \1/16\ of 
1 percent of the sum appropriated for the fiscal year for which 
the determination is made. For the purposes of the exception 
contained in subparagraph (A) only, the [term ```State''' does] 
term ``State'' does not include Guam, American Samoa, the 
United States Virgin Islands, and the Commonwealth of the 
Northern Mariana Islands.
  (D)(i) For each of fiscal years [2017 through 2019] 2020 
through 2024, 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] 2025 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.
  (4) The number of individuals aged 60 or older in any State 
and in all States shall be determined by the Assistant 
Secretary on the basis of the most recent data available from 
the Bureau of the Census, and other reliable demographic data 
satisfactory to the Assistant Secretary.
  (5) State allotments for a fiscal year under this section 
shall be proportionally reduced to the extent that 
appropriations may be insufficient to provide the full 
allotments of the prior year.
  (b) Whenever the Assistant Secretary determines that any 
amount allotted to a State under part B or C, or part E, for a 
fiscal year under this section will not be used by such State 
for carrying out the purpose for which the allotment was made, 
the Assistant Secretary shall make such allotment available for 
carrying out such purpose to one or more other States to the 
extent the Assistant Secretary determines that such other State 
will be able to use such additional amount for carrying out 
such purpose. Any amount made available to a State from an 
appropriation for a fiscal year in accordance with the 
preceding sentence shall, for purposes of this title, be 
regarded as part of such State's allotment (as determined under 
subsection (a)) for such year, but shall remain available until 
the end of the succeeding fiscal year.
  (c) If the Assistant Secretary finds that any State has 
failed to qualify under the State plan requirements of section 
307 or the Assistant Secretary does not approve the funding 
formula required under section 305(a)(2)(C), the Assistant 
Secretary shall withhold the allotment of funds to such State 
referred to in subsection (a). The Assistant Secretary shall 
disburse the funds so withheld directly to any public or 
private nonprofit institution or organization, agency, or 
political subdivision of such State submitting an approved plan 
under section 307, which includes an agreement that any such 
payment shall be matched in the proportion determined under 
subsection (d)(1)(D) for such State, by funds or in-kind 
resources from non-Federal sources.
  (d)(1) From any State's allotment, after the application of 
section 308(b), under this section for any fiscal year--
          (A) such amount as the State agency determines, but 
        not more than 10 percent thereof, shall be available 
        for paying such percentage as the agency determines, 
        but not more than 75 percent, of the cost of 
        administration of area plans;
          (B) such amount (excluding any amount attributable to 
        funds appropriated under section 303(a)(3)) as the 
        State agency determines to be adequate for conducting 
        an effective ombudsman program under section 307(a)(9) 
        shall be available for conducting such program;
          (C) not less than $150,000 and not more than 4 
        percent of the amount allotted to the State for 
        carrying out part B, shall be available for conducting 
        outreach demonstration projects under section 706; and
          (D) the remainder of such allotment shall be 
        available to such State only for paying such percentage 
        as the State agency determines, but not more than 85 
        percent of the cost of supportive services, senior 
        centers, and nutrition services under this title 
        provided in the State as part of a comprehensive and 
        coordinated system in planning and service areas for 
        which there is an area plan approved by the State 
        agency.
  (2) The non-Federal share shall be in cash or in kind. In 
determining the amount of the non-Federal share, the Assistant 
Secretary may attribute fair market value to services and 
facilities contributed from non-Federal sources.

           *       *       *       *       *       *       *


                               area plans

  Sec. 306. (a) Each area agency on aging designated under 
section 305(a)(2)(A) shall, in order to be approved by the 
State agency, prepare and develop an area plan for a planning 
and service area for a two-, three-, or four-year period 
determined by the State agency, with such annual adjustments as 
may be necessary. Each such plan shall be based upon a uniform 
format for area plans within the State prepared in accordance 
with section 307(a)(1). Each such plan shall--
          (1) provide, through a comprehensive and coordinated 
        system, for supportive services, nutrition services, 
        and, where appropriate, for the 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), within the 
        planning and service area covered by the plan, 
        including determining the extent of need for supportive 
        services, nutrition services, and multipurpose senior 
        centers in such area (taking into consideration, among 
        other things, the number of older individuals with low 
        incomes residing in such area, the number of older 
        individuals who have greatest economic need (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) residing in such 
        area, the number of older individuals who have greatest 
        social need (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) residing in such area, the number of older 
        individuals at risk for institutional placement 
        residing in such area,  and the number of older 
        individuals who are Indians residing in such area, and 
        the efforts of voluntary organizations in the 
        community), evaluating the effectiveness of the use of 
        resources in meeting such need, and entering into 
        agreements with providers of supportive services, 
        nutrition services, or multipurpose senior centers in 
        such area, for the provision of such services or 
        centers to meet such need;
          (2) provide assurances that an adequate proportion, 
        as required under section 307(a)(2), of the amount 
        allotted for part B to the planning and service area 
        will be expended for the delivery of each of the 
        following categories of services--
                  (A) services associated with access to 
                services (transportation, health services 
                (including mental and behavioral health 
                services), outreach, information and assistance 
                (which may include information and assistance 
                to consumers on availability of services under 
                part B and how to receive benefits under and 
                participate in publicly supported programs for 
                which the consumer may be eligible), and case 
                management services);
                  (B) in-home services, including supportive 
                services for families of older individuals [who 
                are victims of] with Alzheimer's disease and 
                related disorders with neurological and organic 
                brain dysfunction; and
                  (C) legal assistance;
        and assurances that the area agency on aging will 
        report annually to the State agency in detail the 
        amount of funds expended for each such category during 
        the fiscal year most recently concluded;
          (3)(A) designate, where feasible, a focal point for 
        comprehensive service delivery in each community, 
        giving special consideration to designating 
        multipurpose senior centers (including multipurpose 
        senior centers operated by organizations referred to in 
        paragraph (6)(C)) as such focal point; and
          (B) specify, in grants, contracts, and agreements 
        implementing the plan, the identity of each focal point 
        so designated;
          (4)(A)(i)(I) provide assurances that the area agency 
        on aging will--
                  (aa) set specific objectives, consistent with 
                State policy, for providing services to older 
                individuals with greatest economic need, older 
                individuals with greatest social need, and 
                older individuals at risk for institutional 
                placement;
                  (bb) include specific objectives for 
                providing services to low-income minority older 
                individuals, older individuals with limited 
                English proficiency, and older individuals 
                residing in rural areas; and
          (II) include proposed methods to achieve the 
        objectives described in items (aa) and (bb) of 
        subclause (I);
          (ii) provide assurances that the area agency on aging 
        will include in each agreement made with a provider of 
        any service under this title, a requirement that such 
        provider will--
                  (I) specify how the provider intends to 
                satisfy the service needs of low-income 
                minority individuals, older individuals with 
                limited English proficiency, and older 
                individuals residing in rural areas in the area 
                served by the provider;
                  (II) to the maximum extent feasible, provide 
                services to low-income minority individuals, 
                older individuals with limited English 
                proficiency, and older individuals residing in 
                rural areas in accordance with their need for 
                such services; and
                  (III) meet specific objectives established by 
                the area agency on aging, for providing 
                services to low-income minority individuals, 
                older individuals with limited English 
                proficiency, and older individuals residing in 
                rural areas within the planning and service 
                area; and
          (iii) with respect to the fiscal year preceding the 
        fiscal year for which such plan is prepared--
                  (I) identify the number of low-income 
                minority older individuals in the planning and 
                service area;
                  (II) describe the methods used to satisfy the 
                service needs of such minority older 
                individuals; and
                  (III) provide information on the extent to 
                which the area agency on aging met the 
                objectives described in clause (i);
          (B) provide assurances that the area agency on aging 
        will use outreach efforts that will--
                  (i) identify individuals eligible for 
                assistance under this Act, with special 
                emphasis on--
                          (I) older individuals residing in 
                        rural areas;
                          (II) older individuals with greatest 
                        economic need (with particular 
                        attention to low-income minority 
                        individuals and older individuals 
                        residing in rural areas);
                          (III) older individuals with greatest 
                        social need (with particular attention 
                        to low-income minority individuals and 
                        older individuals residing in rural 
                        areas);
                          (IV) older individuals with severe 
                        disabilities;
                          (V) older individuals with limited 
                        English proficiency;
                          (VI) older individuals with 
                        Alzheimer's disease and related 
                        disorders with neurological and organic 
                        brain dysfunction (and the caretakers 
                        of such individuals); and
                          (VII) older individuals at risk for 
                        institutional placement, specifically 
                        including survivors of the Holocaust; 
                        and
                  (ii) inform the older individuals referred to 
                in subclauses (I) through (VI) of clause (i), 
                and the caretakers of such individuals, of the 
                availability of such assistance; and
          (C) contain an assurance that the area agency on 
        aging will ensure that each activity undertaken by the 
        agency, including planning, advocacy, and systems 
        development, will include a focus on the needs of low-
        income minority older individuals and older individuals 
        residing in rural areas;
          (5) provide assurances that the area agency on aging 
        will coordinate planning, identification, assessment of 
        needs, and provision of services for older individuals 
        with disabilities, with particular attention to 
        individuals with severe disabilities and individuals at 
        risk for institutional placement, with agencies that 
        develop or provide services for individuals with 
        disabilities;
          (6) provide that the area agency on aging will--
                  (A) take into account in connection with 
                matters of general policy arising in the 
                development and administration of the area 
                plan, the views of recipients of services under 
                such plan;
                  (B) serve as the advocate and focal point for 
                older individuals within the community by (in 
                cooperation with agencies, organizations, and 
                individuals participating in activities under 
                the plan) monitoring, evaluating, and 
                commenting upon all policies, programs, 
                hearings, levies, and community actions which 
                will affect older individuals;
                  (C)(i) where possible, enter into 
                arrangements with organizations providing day 
                care services for children, assistance to older 
                individuals caring for relatives who are 
                children, and respite for families, so as to 
                provide opportunities for older individuals to 
                aid or assist on a voluntary basis in the 
                delivery of such services to children, adults, 
                and families;
                  (ii) if possible regarding the provision of 
                services under this title, enter into 
                arrangements and coordinate with organizations 
                that have a proven record of providing services 
                to older individuals, that--
                          (I) were officially designated as 
                        community action agencies or community 
                        action programs under section 210 of 
                        the Economic Opportunity Act of 1964 
                        (42 U.S.C. 2790) for fiscal year 1981, 
                        and did not lose the designation as a 
                        result of failure to comply with such 
                        Act; or
                          (II) came into existence during 
                        fiscal year 1982 as direct successors 
                        in interest to such community action 
                        agencies or community action programs;
                and that meet the requirements under section 
                676B of the Community Services Block Grant Act; 
                and
                  (iii) make use of trained volunteers in 
                providing direct services delivered to older 
                individuals and individuals with disabilities 
                needing such services and, if possible, work in 
                coordination with organizations that have 
                experience in providing training, placement, 
                and stipends for volunteers or participants 
                (such as organizations carrying out Federal 
                service programs administered by the 
                Corporation for National and Community 
                Service), in community service settings;
                  (D) establish an advisory council consisting 
                of older individuals (including minority 
                individuals and older individuals residing in 
                rural areas) who are participants or who are 
                eligible to participate in programs assisted 
                under this Act, family caregivers of such 
                individuals, representatives of older 
                individuals, service providers, representatives 
                of the business community, local elected 
                officials, providers of veterans' health care 
                (if appropriate), and the general public, to 
                advise continuously the area agency on aging on 
                all matters relating to the development of the 
                area plan, the administration of the plan and 
                operations conducted under the plan;
                  (E) establish effective and efficient 
                procedures for coordination of--
                          (i) entities conducting programs that 
                        receive assistance under this Act 
                        within the planning and service area 
                        served by the agency; and
                          (ii) entities conducting other 
                        Federal programs for older individuals 
                        at the local level, with particular 
                        emphasis on entities conducting 
                        programs described in section 203(b), 
                        within the area;
                  (F) in coordination with the State agency and 
                with the State agency responsible for mental 
                and behavioral health services, increase public 
                awareness of mental health disorders, remove 
                barriers to diagnosis and treatment, and 
                coordinate mental and behavioral health 
                services (including mental health screenings) 
                provided with funds expended by the area agency 
                on aging with mental and behavioral health 
                services provided by community health centers 
                and by other public agencies and nonprofit 
                private organizations;
                  (G) if there is a significant population of 
                older individuals who are Indians in the 
                planning and service area of the area agency on 
                aging, the area agency on aging shall conduct 
                outreach activities to identify such 
                individuals in such area and shall inform such 
                individuals of the availability of assistance 
                under this Act; and
                  (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;
          (7) provide that the area agency on aging shall, 
        consistent with this section, facilitate the area-wide 
        development and implementation of a comprehensive, 
        coordinated system for providing long-term care in home 
        and community-based settings, in a manner responsive to 
        the needs and preferences of older individuals and 
        their family caregivers, by--
                  (A) collaborating, coordinating activities, 
                and consulting with other local public and 
                private agencies and organizations responsible 
                for administering programs, benefits, and 
                services related to providing long-term care;
                  (B) conducting analyses and making 
                recommendations with respect to strategies for 
                modifying the local system of long-term care to 
                better--
                          (i) respond to the needs and 
                        preferences of older individuals and 
                        family caregivers;
                          (ii) facilitate the provision, by 
                        service providers, of long-term care in 
                        home and community-based settings; and
                          (iii) target services to older 
                        individuals at risk for institutional 
                        placement, to permit such individuals 
                        to remain in home and community-based 
                        settings;
                  (C) implementing, through the agency or 
                service providers, evidence-based programs to 
                assist older individuals and their family 
                caregivers in learning about and making 
                behavioral changes intended to reduce the risk 
                of injury, disease, and disability among older 
                individuals; and
                  (D) providing for the availability and 
                distribution (through public education 
                campaigns, Aging and Disability Resource 
                Centers, the area agency on aging itself, and 
                other appropriate means) of information 
                relating to--
                          (i) the need to plan in advance for 
                        long-term care; and
                          (ii) the full range of available 
                        public and private long-term care 
                        (including integrated long-term care) 
                        programs, options, service providers, 
                        and resources;
          (8) provide that case management services provided 
        under this title through the area agency on aging 
        will--
                  (A) not duplicate case management services 
                provided through other Federal and State 
                programs;
                  (B) be coordinated with services described in 
                subparagraph (A); and
                  (C) be provided by a public agency or a 
                nonprofit private agency that--
                          (i) gives each older individual 
                        seeking services under this title a 
                        list of agencies that provide similar 
                        services within the jurisdiction of the 
                        area agency on aging;
                          (ii) gives each individual described 
                        in clause (i) a statement specifying 
                        that the individual has a right to make 
                        an independent choice of service 
                        providers and documents receipt by such 
                        individual of such statement;
                          (iii) has case managers acting as 
                        agents for the individuals receiving 
                        the services and not as promoters for 
                        the agency providing such services; or
                          (iv) is located in a rural area and 
                        obtains a waiver of the requirements 
                        described in clauses (i) through (iii);
          (9) provide assurances that the area agency on aging, 
        in carrying out the State Long-Term Care Ombudsman 
        program under section 307(a)(9), will expend not less 
        than the total amount of funds appropriated under this 
        Act together with any other funds and expended by the 
        agency in fiscal year [2000] 2019 in carrying out such 
        a program under this title;
          (10) provide a grievance procedure for older 
        individuals who are dissatisfied with or denied 
        services under this title;
          (11) provide information and assurances concerning 
        services to older individuals who are Native Americans 
        (referred to in this paragraph as ``older Native 
        Americans''), including--
                  (A) information concerning whether there is a 
                significant population of older Native 
                Americans in the planning and service area and 
                if so, an assurance that the area agency on 
                aging will pursue activities, including 
                outreach, to increase access of those older 
                Native Americans to programs and benefits 
                provided under this title;
                  (B) an assurance that the area agency on 
                aging will, to the maximum extent practicable, 
                coordinate the services the agency provides 
                under this title with services provided under 
                title VI; and
                  (C) an assurance that the area agency on 
                aging will make services under the area plan 
                available, to the same extent as such services 
                are available to older individuals within the 
                planning and service area, to older Native 
                Americans; and
          (12) provide that the area agency on aging will 
        establish procedures for coordination of services with 
        entities conducting other Federal or federally assisted 
        programs for older individuals at the local level, with 
        particular emphasis on entities conducting programs 
        described in section 203(b) within the planning and 
        service area.
          (13) provide assurances that the area agency on aging 
        will--
                  (A) maintain the integrity and public purpose 
                of services provided, and service providers, 
                under this title in all contractual and 
                commercial relationships;
                  (B) disclose to the Assistant Secretary and 
                the State agency--
                          (i) the identity of each 
                        nongovernmental entity with which such 
                        agency has a contract or commercial 
                        relationship relating to providing any 
                        service to older individuals; and
                          (ii) the nature of such contract or 
                        such relationship;
                  (C) demonstrate that a loss or diminution in 
                the quantity or quality of the services 
                provided, or to be provided, under this title 
                by such agency has not resulted and will not 
                result from such contract or such relationship;
                  (D) demonstrate that the quantity or quality 
                of the services to be provided under this title 
                by such agency will be enhanced as a result of 
                such contract or such relationship; and
                  (E) on the request of the Assistant Secretary 
                or the State, for the purpose of monitoring 
                compliance with this Act (including conducting 
                an audit), disclose all sources and 
                expenditures of funds such agency receives or 
                expends to provide services to older 
                individuals;
          (14) provide assurances that preference in receiving 
        services under this title will not be given by the area 
        agency on aging to particular older individuals as a 
        result of a contract or commercial relationship that is 
        not carried out to implement this title;
          (15) provide assurances that funds received under 
        this title will be used--
                  (A) to provide benefits and services to older 
                individuals, giving priority to older 
                individuals identified in paragraph (4)(A)(i); 
                and
                  (B) in compliance with the assurances 
                specified in paragraph (13) and the limitations 
                specified in section 212;
          (16) provide, to the extent feasible, for the 
        furnishing of services under this Act, consistent with 
        self-directed care; [and]
          (17) include information detailing how the area 
        agency on aging will coordinate activities, and develop 
        long-range emergency preparedness plans, with local and 
        State emergency response agencies, relief 
        organizations, local and State governments, and any 
        other institutions that have responsibility for 
        disaster relief service delivery[.]; and
          (18) provide assurances that the area agency on aging 
        will collect data to determine the services that are 
        needed by older individuals whose needs are the focus 
        of all centers funded under title IV and the 
        effectiveness of the programs, policies, and services 
        provided by such area agency on aging in assisting 
        these individuals. Each agency plan shall provide 
        assurances that the area agency on aging will use 
        outreach efforts that will identify individuals 
        eligible for assistance under this Act, with special 
        emphasis on those individuals whose needs are the focus 
        of all centers established under title IV. This 
        requirement applies to all centers funded on the day 
        before the effective date of this paragraph.
  (b)(1) An area agency on aging may include in the area plan 
an assessment of how prepared the area agency on aging and 
service providers in the planning and service area are for any 
anticipated change in the number of older individuals during 
the 10-year period following the fiscal year for which the plan 
is submitted.
  (2) Such assessment may include--
          (A) the projected change in the number of older 
        individuals in the planning and service area;
          (B) an analysis of how such change may affect such 
        individuals, including individuals with low incomes, 
        individuals with greatest economic need, minority older 
        individuals, older individuals residing in rural areas, 
        and older individuals with limited English proficiency;
          (C) an analysis of how the programs, policies, and 
        services provided by such area agency can be improved, 
        and how resource levels can be adjusted to meet the 
        needs of the changing population of older individuals 
        in the planning and service area; and
          (D) an analysis of how the change in the number of 
        individuals age 85 and older in the planning and 
        service area is expected to affect the need for 
        supportive services.
  (3) An area agency on aging, in cooperation with government 
officials, State agencies, tribal organizations, or local 
entities, may make recommendations to government officials in 
the planning and service area and the State, on actions 
determined by the area agency to build the capacity in the 
planning and service area to meet the needs of older 
individuals for--
          (A) health and human services;
          (B) land use;
          (C) housing;
          (D) transportation;
          (E) public safety;
          (F) workforce and economic development;
          (G) recreation;
          (H) education;
          (I) civic engagement;
          (J) emergency preparedness;
          (K) protection from elder abuse, neglect, and 
        exploitation; and
          (L) any other service as determined by such agency.
  (c) Each State, in approving area agency on aging plans under 
this section, shall waive the requirement described in 
paragraph (2) of subsection (a) for any category of services 
described in such paragraph if the area agency on aging 
demonstrates to the State agency that services being furnished 
for such category in the area are sufficient to meet the need 
for such services in such area and had conducted a timely 
public hearing upon request.
  (d)(1) Subject to regulations prescribed by the Assistant 
Secretary, an area agency on aging designated under section 
305(a)(2)(A) or, in areas of a State where no such agency has 
been designated, the State agency, may enter into agreement 
with agencies administering programs under the Rehabilitation 
Act of 1973, and titles XIX and XX of the Social Security Act 
for the purpose of developing and implementing plans for 
meeting the common need for transportation services of 
individuals receiving benefits under such Acts and older 
individuals participating in programs authorized by this title.
  (2) In accordance with an agreement entered into under 
paragraph (1), funds appropriated under this title may be used 
to purchase transportation services for older individuals and 
may be pooled with funds made available for the provision of 
transportation services under the Rehabilitation Act of 1973, 
and titles XIX and XX of the Social Security Act.
  (e) An area agency on aging may not require any provider of 
legal assistance under this title to reveal any information 
that is protected by the attorney-client privilege.
  (f)(1) If the head of a State agency finds that an area 
agency on aging has failed to comply with Federal or State 
laws, including the area plan requirements of this section, 
regulations, or policies, the State may withhold a portion of 
the funds to the area agency on aging available under this 
title.
  (2)(A) The head of a State agency shall not make a final 
determination withholding funds under paragraph (1) without 
first affording the area agency on aging due process in 
accordance with procedures established by the State agency.
  (B) At a minimum, such procedures shall include procedures 
for--
          (i) providing notice of an action to withhold funds;
          (ii) providing documentation of the need for such 
        action; and
          (iii) at the request of the area agency on aging, 
        conducting a public hearing concerning the action.
  (3)(A) If a State agency withholds the funds, the State 
agency may use the funds withheld to directly administer 
programs under this title in the planning and service area 
served by the area agency on aging for a period not to exceed 
180 days, except as provided in subparagraph (B).
  (B) If the State agency determines that the area agency on 
aging has not taken corrective action, or if the State agency 
does not approve the corrective action, during the 180-day 
period described in subparagraph (A), the State agency may 
extend the period for not more than 90 days.
  (g) Nothing in this Act shall restrict an area agency on 
aging from providing services not provided or authorized by 
this Act, including through--
          (1) contracts with health care payers;
          (2) consumer private pay programs; or
          (3) other arrangements with entities or individuals 
        that increase the availability of home and community-
        based services and supports in the planning and service 
        area supported by the area agency on aging.

                              state plans

  Sec. 307. (a) Except as provided in the succeeding sentence 
and section 309(a), each State, in order to be eligible for 
grants from its allotment under this title for any fiscal year, 
shall submit to the Assistant Secretary a State plan for a two-
, three-, or four-year period determined by the State agency, 
with such annual revisions as are necessary, which meets such 
criteria as the Assistant Secretary may by regulation 
prescribe. If the Assistant Secretary determines, in the 
discretion of the Assistant Secretary, that a State failed in 2 
successive years to comply with the requirements under this 
title, then the State shall submit to the Assistant Secretary a 
State plan for a 1-year period that meets such criteria, for 
subsequent years until the Assistant Secretary determines that 
the State is in compliance with such requirements. Each such 
plan shall comply with all of the following requirements:
          (1) The plan shall--
                  (A) require each area agency on aging 
                designated under section 305(a)(2)(A) to 
                develop and submit to the State agency for 
                approval, in accordance with a uniform format 
                developed by the State agency, an area plan 
                meeting the requirements of section 306; and
                  (B) be based on such area plans.
          (2) The plan shall provide that the State agency 
        will--
                  (A) evaluate, using uniform procedures 
                described in section 202(a)(26), the need for 
                supportive services (including legal assistance 
                pursuant to 307(a)(11), information and 
                assistance, and transportation services), 
                nutrition services, and multipurpose senior 
                centers within the State;
                  (B) develop a standardized process to 
                determine the extent to which public or private 
                programs and resources (including volunteers 
                and programs and services of voluntary 
                organizations) that have the capacity and 
                actually meet such need; and
                  (C) specify a minimum proportion of the funds 
                received by each area agency on aging in the 
                State to carry out part B that will be expended 
                (in the absence of a waiver under section 
                306(c) or 316) by such area agency on aging to 
                provide each of the categories of services 
                specified in section 306(a)(2).
          (3) The plan shall--
                  (A) include (and may not be approved unless 
                the Assistant Secretary approves) the statement 
                and demonstration required by paragraphs (2) 
                and (4) of section 305(d) (concerning 
                intrastate distribution of funds); and
                  (B) with respect to services for older 
                individuals residing in rural areas--
                          (i) provide assurances that the State 
                        agency will spend for each fiscal year, 
                        not less than the amount expended for 
                        such services for fiscal year 2000;
                          (ii) identify, for each fiscal year 
                        to which the plan applies, the 
                        projected costs of providing such 
                        services (including the cost of 
                        providing access to such services); and
                          (iii) describe the methods used to 
                        meet the needs for such services in the 
                        fiscal year preceding the first year to 
                        which such plan applies.
          (4) The plan shall provide that the State agency will 
        conduct periodic evaluations of, and public hearings 
        on, activities and projects carried out in the State 
        under this title and title VII, including evaluations 
        of the effectiveness of services provided to 
        individuals with greatest economic need, greatest 
        social need, or disabilities (with particular attention 
        to low-income minority older individuals, older 
        individuals with limited English proficiency, and older 
        individuals residing in rural areas).
          (5) The plan shall provide that the State agency 
        will--
                  (A) afford an opportunity for a hearing upon 
                request, in accordance with published 
                procedures, to any area agency on aging 
                submitting a plan under this title, to any 
                provider of (or applicant to provide) services;
                  (B) issue guidelines applicable to grievance 
                procedures required by section 306(a)(10); and
                  (C) afford an opportunity for a public 
                hearing, upon request, by any area agency on 
                aging, by any provider of (or applicant to 
                provide) services, or by any recipient of 
                services under this title regarding any waiver 
                request, including those under section 316.
          (6) The plan shall provide that the State agency will 
        make such reports, in such form, and containing such 
        information, as the Assistant Secretary may require, 
        and comply with such requirements as the Assistant 
        Secretary may impose to insure the correctness of such 
        reports.
          (7)(A) The plan shall provide satisfactory assurance 
        that such fiscal control and fund accounting procedures 
        will be adopted as may be necessary to assure proper 
        disbursement of, and accounting for, Federal funds paid 
        under this title to the State, including any such funds 
        paid to the recipients of a grant or contract.
          (B) The plan shall provide assurances that--
                  (i) no individual (appointed or otherwise) 
                involved in the designation of the State agency 
                or an area agency on aging, or in the 
                designation of the head of any subdivision of 
                the State agency or of an area agency on aging, 
                is subject to a conflict of interest prohibited 
                under this Act;
                  (ii) no officer, employee, or other 
                representative of the State agency or an area 
                agency on aging is subject to a conflict of 
                interest prohibited under this Act; and
                  (iii) mechanisms are in place to identify and 
                remove conflicts of interest prohibited under 
                this Act.
          (8)(A) The plan shall provide that no supportive 
        services, nutrition services, or in-home services will 
        be directly provided by the State agency or an area 
        agency on aging in the State, unless, in the judgment 
        of the State agency--
                  (i) provision of such services by the State 
                agency or the area agency on aging is necessary 
                to assure an adequate supply of such services;
                  (ii) such services are directly related to 
                such State agency's or area agency on aging's 
                administrative functions; or
                  (iii) such services can be provided more 
                economically, and with comparable quality, by 
                such State agency or area agency on aging.
          (B) Regarding case management services, if the State 
        agency or area agency on aging is already providing 
        case management services (as of the date of submission 
        of the plan) under a State program, the plan may 
        specify that such agency is allowed to continue to 
        provide case management services.
          (C) The plan may specify that an area agency on aging 
        is allowed to directly provide information and 
        assistance services and outreach.
          (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 will expend for such purpose [an 
        amount] the total amount that is not less than an 
        amount expended by the State agency with funds received 
        from all sources including under this title for fiscal 
        year [2000] 2019, and an amount that is not less than 
        the amount expended by the State agency with funds 
        received from all sources including under title VII for 
        fiscal year [2000] 2019.
          (10) The plan shall provide assurances that the 
        special needs of older individuals residing in rural 
        areas will be taken into consideration and shall 
        describe how those needs have been met and describe how 
        funds have been allocated to meet those needs.
          (11) The plan shall provide that with respect to 
        legal assistance--
                  (A) the plan contains assurances that area 
                agencies on aging will (i) enter into contracts 
                with providers of legal assistance which can 
                demonstrate the experience or capacity to 
                deliver legal assistance; (ii) include in any 
                such contract provisions to assure that any 
                recipient of funds under division (i) will be 
                subject to specific restrictions and 
                regulations promulgated under the Legal 
                Services Corporation Act (other than 
                restrictions and regulations governing 
                eligibility for legal assistance under such Act 
                and governing membership of local governing 
                boards) as determined appropriate by the 
                Assistant Secretary; and (iii) attempt to 
                involve the private bar in legal assistance 
                activities authorized under this title, 
                including groups within the private bar 
                furnishing services to older individuals on a 
                pro bono and reduced fee basis;
                  (B) the plan contains assurances that no 
                legal assistance will be furnished unless the 
                grantee administers a program designed to 
                provide legal assistance to older individuals 
                with social or economic need and has agreed, if 
                the grantee is not a Legal Services Corporation 
                project grantee, to coordinate its services 
                with existing Legal Services Corporation 
                projects in the planning and service area in 
                order to concentrate the use of funds provided 
                under this title on individuals with the 
                greatest such need; and the area agency on 
                aging makes a finding, after assessment, 
                pursuant to standards for service promulgated 
                by the Assistant Secretary, that any grantee 
                selected is the entity best able to provide the 
                particular services;
                  (C) the State agency will provide for the 
                coordination of the furnishing of legal 
                assistance to older individuals within the 
                State, and provide advice and technical 
                assistance in the provision of legal assistance 
                to older individuals within the State and 
                support the furnishing of training and 
                technical assistance for legal assistance for 
                older individuals;
                  (D) the plan contains assurances, to the 
                extent practicable, that legal assistance 
                furnished under the plan will be in addition to 
                any legal assistance for older individuals 
                being furnished with funds from sources other 
                than this Act and that reasonable efforts will 
                be made to maintain existing levels of legal 
                assistance for older individuals; and
                  (E) the plan contains assurances that area 
                agencies on aging will give priority to legal 
                assistance related to income, health care, 
                long-term care, nutrition, housing, utilities, 
                protective services, defense of guardianship, 
                abuse, neglect, and age discrimination.
          (12) The plan shall provide, whenever the State 
        desires to provide for a fiscal year for services for 
        the prevention of abuse of older individuals--
                  (A) the plan contains assurances that any 
                area agency on aging carrying out such services 
                will conduct a program consistent with relevant 
                State law and coordinated with existing State 
                adult protective service activities for--
                          (i) public education to identify and 
                        prevent abuse of older individuals;
                          (ii) receipt of reports of abuse of 
                        older individuals;
                          (iii) active participation of older 
                        individuals participating in programs 
                        under this Act through outreach, 
                        conferences, and referral of such 
                        individuals to other social service 
                        agencies or sources of assistance where 
                        appropriate and consented to by the 
                        parties to be referred; and
                          (iv) referral of complaints to law 
                        enforcement or public protective 
                        service agencies where appropriate;
                  (B) the State will not permit involuntary or 
                coerced participation in the program of 
                services described in this paragraph by alleged 
                victims, abusers, or their households; and
                  (C) all information gathered in the course of 
                receiving reports and making referrals shall 
                remain confidential unless all parties to the 
                complaint consent in writing to the release of 
                such information, except that such information 
                may be released to a law enforcement or public 
                protective service agency.
          (13) The plan shall provide assurances that each 
        State will assign personnel (one of whom shall be known 
        as a legal assistance developer) to provide State 
        leadership in developing legal assistance programs for 
        older individuals throughout the State.
          (14) The plan shall, with respect to the fiscal year 
        preceding the fiscal year for which such plan is 
        prepared--
                  (A) identify the number of low-income 
                minority older individuals in the State, 
                including the number of low-income minority 
                older individuals with limited English 
                proficiency; and
                  (B) describe the methods used to satisfy the 
                service needs of the low-income minority older 
                individuals described in subparagraph (A), 
                including the plan to meet the needs of low-
                income minority older individuals with limited 
                English proficiency.
          (15) The plan shall provide assurances that, if a 
        substantial number of the older individuals residing in 
        any planning and service area in the State are of 
        limited English-speaking ability, then the State will 
        require the area agency on aging for each such planning 
        and service area--
                  (A) to utilize in the delivery of outreach 
                services under section 306(a)(2)(A), the 
                services of workers who are fluent in the 
                language spoken by a predominant number of such 
                older individuals who are of limited English-
                speaking ability; and
                  (B) to designate an individual employed by 
                the area agency on aging, or available to such 
                area agency on aging on a full-time basis, 
                whose responsibilities will include--
                          (i) taking such action as may be 
                        appropriate to assure that counseling 
                        assistance is made available to such 
                        older individuals who are of limited 
                        English-speaking ability in order to 
                        assist such older individuals in 
                        participating in programs and receiving 
                        assistance under this Act; and
                          (ii) providing guidance to 
                        individuals engaged in the delivery of 
                        supportive services under the area plan 
                        involved to enable such individuals to 
                        be aware of cultural sensitivities and 
                        to take into account effectively 
                        linguistic and cultural differences.
          (16) The plan shall provide assurances that the State 
        agency will require outreach efforts that will--
                  (A) identify individuals eligible for 
                assistance under this Act, with special 
                emphasis on--
                          (i) older individuals residing in 
                        rural areas;
                          (ii) older individuals with greatest 
                        economic need (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);
                          (iii) older individuals with greatest 
                        social need (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);
                          (iv) older individuals with severe 
                        disabilities;
                          (v) older individuals with limited 
                        English-speaking ability; and
                          (vi) older individuals with 
                        Alzheimer's disease and related 
                        disorders with neurological and organic 
                        brain dysfunction (and the caretakers 
                        of such individuals); and
                  (B) inform the older individuals referred to 
                in clauses (i) through (vi) of subparagraph 
                (A), and the caretakers of such individuals, of 
                the availability of such assistance.
          (17) The plan shall provide, with respect to the 
        needs of older individuals with severe disabilities, 
        assurances that the State will coordinate planning, 
        identification, assessment of needs, and service for 
        older individuals with disabilities with particular 
        attention to individuals with severe disabilities with 
        the State agencies with primary responsibility for 
        individuals with disabilities, including severe 
        disabilities, to enhance services and develop 
        collaborative programs, where appropriate, to meet the 
        needs of older individuals with disabilities.
          (18) The plan shall provide assurances that area 
        agencies on aging will conduct efforts to facilitate 
        the coordination of community-based, long-term care 
        services, pursuant to section 306(a)(7), for older 
        individuals who--
                  (A) reside at home and are at risk of 
                institutionalization because of limitations on 
                their ability to function independently;
                  (B) are patients in hospitals and are at risk 
                of prolonged institutionalization; or
                  (C) are patients in long-term care 
                facilities, but who can return to their homes 
                if community-based services are provided to 
                them.
          (19) The plan shall include the assurances and 
        description required by section 705(a).
          (20) The plan shall provide assurances that special 
        efforts will be made to provide technical assistance to 
        minority providers of services.
          (21) The plan shall--
                  (A) provide an assurance that the State 
                agency will coordinate programs under this 
                title and programs under title VI, if 
                applicable; and
                  (B) provide an assurance that the State 
                agency will pursue activities to increase 
                access by older individuals who are Native 
                Americans to all aging programs and benefits 
                provided by the agency, including programs and 
                benefits provided under this title, if 
                applicable, and specify the ways in which the 
                State agency intends to implement the 
                activities.
          (22) If case management services are offered to 
        provide access to supportive services, the plan shall 
        provide that the State agency shall ensure compliance 
        with the requirements specified in section 306(a)(8).
          (23) The plan shall provide assurances that 
        demonstrable efforts will be made--
                  (A) to coordinate services provided under 
                this Act with other State services that benefit 
                older individuals; and
                  (B) to provide multigenerational activities, 
                such as opportunities for older individuals to 
                serve as mentors or advisers in child care, 
                youth day care, educational assistance, at-risk 
                youth intervention, juvenile delinquency 
                treatment, and family support programs.
          (24) The plan shall provide assurances that the State 
        will coordinate public services within the State to 
        assist older individuals to obtain transportation 
        services associated with access to services provided 
        under this title, to services under title VI, to 
        comprehensive counseling services, and to legal 
        assistance.
          (25) The plan shall include assurances that the State 
        has in effect a mechanism to provide for quality in the 
        provision of in-home services under this title.
          (26) The plan shall provide assurances that funds 
        received under this title will not be used to pay any 
        part of a cost (including an administrative cost) 
        incurred by the State agency or an area agency on aging 
        to carry out a contract or commercial relationship that 
        is not carried out to implement this title.
          (27) The plan shall provide assurances that area 
        agencies on aging will provide, to the extent feasible, 
        for the furnishing of services under this Act, 
        consistent with self-directed care.
          (28)(A) The plan shall include, at the election of 
        the State, an assessment of how prepared the State is, 
        under the State's statewide service delivery model, for 
        any anticipated change in the number of older 
        individuals during the 10-year period following the 
        fiscal year for which the plan is submitted.
          (B) Such assessment may include--
                  (i) the projected change in the number of 
                older individuals in the State;
                  (ii) an analysis of how such change may 
                affect such individuals, including individuals 
                with low incomes, individuals with greatest 
                economic need, minority older individuals, 
                older individuals residing in rural areas, and 
                older individuals with limited English 
                proficiency;
                  (iii) an analysis of how the programs, 
                policies, and services provided by the State 
                can be improved, including coordinating with 
                area agencies on aging, and how resource levels 
                can be adjusted to meet the needs of the 
                changing population of older individuals in the 
                State; and
                  (iv) an analysis of how the change in the 
                number of individuals age 85 and older in the 
                State is expected to affect the need for 
                supportive services.
          (29) The plan shall include information detailing how 
        the State will coordinate activities, and develop long-
        range emergency preparedness plans, with area agencies 
        on aging, local emergency response agencies, relief 
        organizations, local governments, State agencies 
        responsible for emergency preparedness, and any other 
        institutions that have responsibility for disaster 
        relief service delivery.
          (30) The plan shall include information describing 
        the involvement of the head of the State agency in the 
        development, revision, and implementation of emergency 
        preparedness plans, including the State Public Health 
        Emergency Preparedness and Response Plan.
          (31) The State shall prepare and submit to the 
        Assistant Secretary annual reports on the data 
        collected to determine the services that are needed by 
        older individuals whose needs are the focus of all 
        centers funded under title IV and the effectiveness of 
        the programs, policies, and services provided by area 
        agencies on aging in assisting these individuals. The 
        reports shall describe any outreach efforts and other 
        activities described in section 306(a)(18). This 
        requirement applies to all centers funded on the day 
        before the date of the enactment of the effective date 
        of this paragraph.
  (b)(1) The Assistant Secretary shall approve any State plan 
which the Assistant Secretary finds fulfills the requirements 
of subsection (a), except the Assistant Secretary may not 
approve such plan unless the Assistant Secretary determines 
that the formula submitted under section 305(a)(2)(D) complies 
with the guidelines in effect under section 305(a)(2)(C).
  (2) The Assistant Secretary, in approving any State plan 
under this section, may waive the requirement described in 
paragraph (3)(B) of subsection (a) if the State agency 
demonstrates to the Assistant Secretary that the service needs 
of older individuals residing in rural areas in the State are 
being met, or that the number of older individuals residing in 
such rural areas is not sufficient to require the State agency 
to comply with such requirement.
  (c)(1) The Assistant Secretary shall not make a final 
determination disapproving any State plan, or any modification 
thereof, or make a final determination that a State is 
ineligible under section 305, without first affording the State 
reasonable notice and opportunity for a hearing.
  (2) Not later than 30 days after such final determination, a 
State dissatisfied with such final determination may appeal 
such final determination to the Secretary for review. If the 
State timely appeals such final determination in accordance 
with subsection (e)(1), the Secretary shall dismiss the appeal 
filed under this paragraph.
  (3) If the State is dissatisfied with the decision of the 
Secretary after review under paragraph (2), the State may 
appeal such decision not later than 30 days after such decision 
and in the manner described in subsection (e). For purposes of 
appellate review under the preceding sentence, a reference in 
subsection (e) to the Assistant Secretary shall be deemed to be 
a reference to the Secretary.
  (d) Whenever the Assistant Secretary, after reasonable notice 
and opportunity for a hearing to the State agency, finds that--
          (1) the State is not eligible under section 305,
          (2) the State plan has been so changed that it no 
        longer complies substantially with the provisions of 
        subsection (a), or
          (3) in the administration of the plan there is a 
        failure to comply substantially with any such provision 
        of subsection (a),
the Assistant Secretary shall notify such State agency that no 
further payments from its allotments under section 304 and 
section 308 will be made to the State (or, in the Assistant 
Secretary's discretion, that further payments to the State will 
be limited to projects under or portions of the State plan not 
affected by such failure), until the Assistant Secretary is 
satisfied that there will no longer be any failure to comply. 
Until the Assistant Secretary is so satisfied, no further 
payments shall be made to such State from its allotments under 
section 304 and section 308 (or payments shall be limited to 
projects under or portions of the State plan not affected by 
such failure). The Assistant Secretary shall, in accordance 
with regulations the Assistant Secretary shall prescribe, 
disburse the funds so withheld directly to any public or 
nonprofit private organization or agency or political 
subdivision of such State submitting an approved plan in 
accordance with the provisions of this section. Any such 
payment shall be matched in the proportions specified in 
section 304.
  (e)(1) A State which is dissatisfied with a final action of 
the Assistant Secretary under subsection (b), (c), or (d) may 
appeal to the United States court of appeals for the circuit in 
which the State is located, by filing a petition with such 
court within 30 days after such final action. A copy of the 
petition shall be forthwith transmitted by the clerk of the 
court to the Assistant Secretary, or any officer designated by 
the Assistant Secretary for such purpose. The Assistant 
Secretary thereupon shall file in the court the record of the 
proceedings on which the Assistant Secretary's action is based, 
as provided in section 2112 of title 28, United States Code.
  (2) Upon the filing of such petition, the court shall have 
jurisdiction to affirm the action of the Assistant Secretary or 
to set it aside, in whole or in part, temporarily or 
permanently, but until the filing of the record, the Assistant 
Secretary may modify or set aside the Assistant Secretary's 
order. The findings of the Assistant Secretary as to the facts, 
if supported by substantial evidence, shall be conclusive, but 
the court, for good cause shown may remand the case to the 
Assistant Secretary to take further evidence, and the Assistant 
Secretary shall, within 30 days, file in the court the record 
of those further proceedings. Such new or modified findings of 
fact shall likewise be conclusive if supported by substantial 
evidence. The judgment of the court affirming or setting aside, 
in whole or in part, any action of the Assistant Secretary 
shall be final, subject to review by the Supreme Court of the 
United States upon certiorari or certification as provided in 
section 1254 of title 28, United States Code.
  (3) The commencement of proceedings under this subsection 
shall not, unless so specifically ordered by the court, operate 
as a stay of the Assistant Secretary's action.
  (f) Neither a State, nor a State agency, may require any 
provider of legal assistance under this title to reveal any 
information that is protected by the attorney-client privilege.

 planning, coordination, evaluation, and administration of state plans

  Sec. 308. (a)(1) Amounts available to States under subsection 
(b)(1) may be used to make grants to States for paying such 
percentages as each State agency determines, but not more than 
75 percent, of the cost of the administration of its State 
plan, including the preparation of the State plan, the 
evaluation of activities carried out under such plan, the 
collection of data and the carrying out of analyses related to 
the need for supportive services, nutrition services, and 
multipurpose senior centers within the State, and dissemination 
of information so obtained, the provision of short-term 
training to personnel of public or nonprofit private agencies 
and organizations engaged in the operation of programs 
authorized by this Act, and the carrying out of demonstration 
projects of statewide significance relating to the initiation, 
expansion, or improvement of services assisted under this 
title.
  (2) Any sums available to a State under subsection (b)(1) for 
part of the cost of the administration of its State plan which 
the State determines is not needed for such purposes may be 
used by the State to supplement the amount available under 
section 304(d)(1)(A) to cover part of the cost of the 
administration of area plans.
  (3) Any State which has been designated a single planning and 
service area under section 305(a)(1)(E) covering all, or 
substantially all, of the older individuals in such State, as 
determined by the Assistant Secretary, may elect to pay part of 
the costs of the administration of State and area plans either 
out of sums received under this section or out of sums made 
available for the administration of area plans under section 
304(d)(1)(A), but shall not pay such costs out of sums received 
or allotted under both such sections.
  (b)(1) If for any fiscal year the aggregate amount 
appropriated under section 303 does not exceed $800,000,000, 
then--
          (A) except as provided in clause (ii), the greater of 
        5 percent of the allotment to a State under section 
        304(a)(1) or $300,000; and
          (B) in the case of Guam, American Samoa, the United 
        States Virgin Islands, the Trust Territory of the 
        Pacific Islands, and the Commonwealth of the Northern 
        Mariana Islands, the greater of 5 percent of such 
        allotment or $75,000;
shall be available to such State to carry out the purposes of 
this section.
  (2) If for any fiscal year the aggregate amount appropriated 
under section 303 exceeds $800,000,000, then--
          (A) except as provided in clause (ii), the greater of 
        5 percent of the allotment to a State under section 
        304(a)(1) or [$500,000] $750,000; and
          (B) in the case of Guam, American Samoa, the United 
        States Virgin Islands, the Trust Territory of the 
        Pacific Islands, and the Commonwealth of the Northern 
        Mariana Islands, the greater of 5 percent of such 
        allotment or $100,000;
shall be available to such State to carry out the purposes of 
this section.
  (3)(A) If the aggregate amount appropriated under section 303 
for a fiscal year does not exceed $800,000,000, then any State 
which desires to receive amounts, in addition to amounts 
allotted to such State under paragraph (1), to be used in the 
administration of its State plan in accordance with subsection 
(a) may transmit an application to the Assistant Secretary in 
accordance with this paragraph. Any such application shall be 
transmitted in such form, and according to such procedures, as 
the Assistant Secretary may require, except that such 
application may not be made as part of, or as an amendment to, 
the State plan.
  (B) The Assistant Secretary may approve any application 
transmitted by a State under subparagraph (A) if the Assistant 
Secretary determines, based upon a particularized showing of 
need that--
          (i) the State will be unable to fully and effectively 
        administer its State plan and to carry out programs and 
        projects authorized by this title unless such 
        additional amounts are made available by the Assistant 
        Secretary;
          (ii) the State is making full and effective use of 
        its allotment under paragraph (1) and of the personnel 
        of the State agency and area agencies designated under 
        section 305(a)(2)(A) in the administration of its State 
        plan in accordance with subsection (a); and
          (iii) the State agency and area agencies on aging of 
        such State are carrying out, on a full-time basis, 
        programs and activities which are in furtherance of the 
        objectives of this Act.
  (C) The Assistant Secretary may approve that portion of the 
amount requested by a State in its application under 
subparagraph (A) which the Assistant Secretary determines has 
been justified in such application.
  (D) Amounts which any State may receive in any fiscal year 
under this paragraph may not exceed three-fourths of 1 percent 
of the sum of the amounts allotted under section 304(a) to such 
State to carry out the State plan for such fiscal year.
  (E) No application by a State under subparagraph (A) shall be 
approved unless it contains assurances that no amounts received 
by the State under this paragraph will be used to hire any 
individual to fill a job opening created by the action of the 
State in laying off or terminating the employment of any 
regular employee not supported under this Act in anticipation 
of filling the vacancy so created by hiring an employee to be 
supported through use of amounts received under this paragraph.
  (4)(A) Notwithstanding any other provision of this title and 
except as provided in subparagraph (B), with respect to funds 
received by a State and attributable to funds appropriated 
under paragraph (1) or (2) of section 303(b), the State may 
elect in its plan under section 307(a)(13) regarding part C of 
this title, to transfer not more than 40 percent of the funds 
so received between subpart 1 and subpart 2 of part C, for use 
as the State considers appropriate to meet the needs of the 
area served. The Assistant Secretary shall approve any such 
transfer unless the Assistant Secretary determines that such 
transfer is not consistent with the objectives of this Act.
  (B) If a State demonstrates, to the satisfaction of the 
Assistant Secretary, that funds received by the State and 
attributable to funds appropriated under paragraph (1) or (2) 
of section 303(b), including funds transferred under 
subparagraph (A) without regard to this subparagraph, for any 
fiscal year are insufficient to satisfy the need for services 
under subpart 1 or subpart 2 of part C, then the Assistant 
Secretary may grant a waiver that permits the State to transfer 
under subparagraph (A) to satisfy such need an additional 10 
percent of the funds so received by a State and attributable to 
funds appropriated under paragraph (1) or (2) of section 
303(b).
  (C) A State's request for a waiver under subparagraph (B) 
shall--
          (i) be not more than one page in length;
          (ii) include a request that the waiver be granted;
          (iii) specify the amount of the funds received by a 
        State and attributable to funds appropriated under 
        paragraph (1) or (2) of section 303(b), over the 
        permissible 40 percent referred to in subparagraph (A), 
        that the State requires to satisfy the need for 
        services under subpart 1 or 2 of part C; and
          (iv) not include a request for a waiver with respect 
        to an amount if the transfer of the amount would 
        jeopardize the appropriate provision of services under 
        subpart 1 or 2 of part C.
  (5)(A) Notwithstanding any other provision of this title, of 
the funds received by a State attributable to funds 
appropriated under subsection (a)(1), and paragraphs (1) and 
(2) of subsection (b), of section 303, the State may elect to 
transfer not more than 30 percent for any fiscal year between 
programs under part B and part C, for use as the State 
considers appropriate. The State shall notify the Assistant 
Secretary of any such election.
  (B) At a minimum, the notification described in subparagraph 
(A) shall include a description of the amount to be 
transferred, the purposes of the transfer, the need for the 
transfer, and the impact of the transfer on the provision of 
services from which the funding will be transferred.
  (6) A State agency may not delegate to an area agency on 
aging or any other entity the authority to make a transfer 
under paragraph (4)(A) or (5)(A).
  (7) The Assistant Secretary shall annually collect, and 
include in the report required by section 207(a), data 
regarding the transfers described in paragraphs (4)(A) and 
(5)(A), including--
          (A) the amount of funds involved in the transfers, 
        analyzed by State;
          (B) the rationales for the transfers;
          (C) in the case of transfers described in paragraphs 
        (4)(A) and (5)(A), the effect of the transfers of the 
        provision of services, including the effect on the 
        number of meals served, under--
                  (i) subpart 1 of part C; and
                  (ii) subpart 2 of part C; and
          (D) in the case of transfers described in paragraph 
        (5)(A)--
                  (i) in the case of transfers to part B, 
                information on the supportive services, or 
                services provided through senior centers, for 
                which the transfers were used; and
                  (ii) the effect of the transfers on the 
                provision of services provided under--
                          (I) part B; and
                          (II) part C, including the effect on 
                        the number of meals served.
  (8) The Assistant Secretary shall review the reports 
submitted under section 307(a)(31), and include in the report 
required by section 207(a), aggregated data, including the 
effectiveness and outreach efforts included in 307(a)(31), on 
services that are needed by older individuals whose needs are 
the focus of all centers funded under title IV. This 
requirement applies to all centers funded on the day before the 
date of the effective date of this paragraph.
  (c) The amounts of any State's allotment under subsection (b) 
for any fiscal year which the Assistant Secretary determines 
will not be required for that year for the purposes described 
in subsection (a)(1) shall be available to provide services 
under part B or part C, or both, in the State.

           *       *       *       *       *       *       *


                  nutrition services incentive program

  Sec. 311. (a) The purpose of this section is to provide 
incentives to encourage and reward effective performance by 
States and tribal organizations in the efficient delivery of 
nutritious meals to older individuals.
  (b)(1) The Secretary shall allot and provide, in accordance 
with this section, to or on behalf of each State agency with a 
plan approved under this title for a fiscal year, and to or on 
behalf of each grantee with an application approved under title 
VI for such fiscal year, an amount bearing the same ratio to 
the total amount appropriated for such fiscal year under 
subsection (e) as the number of meals served in the State under 
such plan approved for the preceding fiscal year (or the number 
of meals served by the title VI grantee, under such application 
approved for such preceding fiscal year), bears to the total 
number of such meals served in all States and by all title VI 
grantees under all such plans and applications approved for 
such preceding fiscal year.
  (2) For purposes of paragraph (1), in the case of a grantee 
that has an application approved under title VI for a fiscal 
year but that did not receive assistance under this section for 
the preceding fiscal year, the number of meals served by the 
title VI grantee for the preceding fiscal year shall be deemed 
to equal the number of meals that the Assistant Secretary 
estimates will be served by the title VI grantee in the fiscal 
year for which the application was approved.
  (c)(1) Agricultural commodities (including bonus commodities) 
and products purchased by the Secretary of Agriculture under 
section 32 of the Act of August 24, 1935 (7 U.S.C. 612c), shall 
be donated to a recipient of a grant or contract to be used for 
providing nutrition services in accordance with the provisions 
of this title.
  (2) The Commodities Credit Corporation shall dispose of food 
commodities (including bonus commodities) under section 416 of 
the Agricultural Act of 1949 (7 U.S.C. 1431) by donating them 
to a recipient of a grant or contract to be used for providing 
nutrition services in accordance with the provisions of this 
title.
  (3) Dairy products (including bonus commodities) purchased by 
the Secretary of Agriculture under section 709 of the Food and 
Agriculture Act of 1965 (7 U.S.C. 1446a-1) shall be used to 
meet the requirements of programs providing nutrition services 
in accordance with the provisions of this title.
  (4) Among the commodities provided under this subsection, the 
Secretary of Agriculture shall give special emphasis to foods 
of high nutritional value to support the health of older 
individuals. The Secretary of Agriculture, in consultation with 
the Assistant Secretary, is authorized to prescribe the terms 
and conditions respecting the provision of commodities under 
this subsection.
  (d)(1) Each State agency and each title VI grantee shall be 
entitled to use all or any part of amounts allotted under 
subsection (b) to obtain, subject to paragraphs (2) and (3), 
from the Secretary of Agriculture commodities available through 
any food program of the Department of Agriculture at the rates 
at which such commodities are valued for purposes of such 
program.
  (2) The Secretary of Agriculture shall determine and report 
to the Secretary, by such date as the Secretary may require, 
the amount (if any) of its allotment under subsection (b) which 
each State agency and title VI grantee has elected to receive 
in the form of commodities. Such amount shall include an amount 
bearing the same ratio to the costs to the Secretary of 
Agriculture of providing such commodities under this subsection 
as the value of commodities received by such State agency or 
title VI grantee under this subsection bears to the total value 
of commodities so received.
  (3) From the allotment under subsection (b) for each State 
agency and title VI grantee, the Secretary shall transfer funds 
to the Secretary of Agriculture for the costs of commodities 
received by such State agency or grantee, and expenses related 
to the procurement of the commodities on behalf of such State 
agency or grantee, under this subsection, and shall then pay 
the balance (if any) to such State agency or grantee. The 
amount of funds transferred for the expenses related to the 
procurement of the commodities shall be mutually agreed on by 
the Secretary and the Secretary of Agriculture. The transfer of 
funds for the costs of the commodities and the related expenses 
shall occur in a timely manner after the Secretary of 
Agriculture submits the corresponding report described in 
paragraph (2), and shall be subject to the availability of 
appropriations. Amounts received by the Secretary of 
Agriculture pursuant to this section to make commodity 
purchases for a fiscal year for a State agency or title VI 
grantee shall remain available, only for the next fiscal year, 
to make commodity purchases for that State agency or grantee 
pursuant to this section.
  (4) Each State agency and title VI grantee shall promptly and 
equitably disburse amounts received under this subsection to 
recipients of grants and contracts. Such disbursements shall 
only be used by such recipients of grants or contracts to 
purchase domestically produced foods for their nutrition 
projects.
  (5) Nothing in this subsection shall be construed to require 
any State agency or title VI grantee to elect to receive cash 
payments under this subsection.
  [(e) There are authorized to be appropriated to carry out 
this section (other than subsection (c)(1)) $164,055,664 for 
fiscal year 2017, $167,486,502 for fiscal year 2018, and 
$170,917,349 for fiscal year 2019.]
  (e) There are authorized to be appropriated to carry out this 
section (other than subsection (c)(1)) $171,682,200 for fiscal 
year 2020, $181,983,132 for fiscal year 2021, $192,902,120 for 
fiscal year 2022, $204,476,247 for fiscal year 2023, and 
$216,744,822 for fiscal year 2024.
  (f) In each fiscal year, the Secretary and the Secretary of 
Agriculture shall jointly disseminate to State agencies, title 
VI grantees, area agencies on aging, and providers of nutrition 
services assisted under this title, information concerning the 
foods available to such State agencies, title VI grantees, area 
agencies on aging, and providers under subsection (c).

           *       *       *       *       *       *       *


SEC. 315. CONSUMER CONTRIBUTIONS.

  (a) Cost Sharing.--
          (1) In general.--Except as provided in paragraphs (2) 
        and (3), a State is permitted to implement cost sharing 
        for all services funded by this Act by recipients of 
        the services.
          (2) Exception.--The State is not permitted to 
        implement the cost sharing described in paragraph (1) 
        for the following services:
                  (A) Information and assistance, outreach, 
                benefits counseling, or case management 
                services.
                  (B) Ombudsman, elder abuse prevention, legal 
                assistance, or other consumer protection 
                services.
                  (C) Congregate and home delivered meals.
                  (D) Any services delivered through tribal 
                organizations.
          (3) Prohibitions.--A State or tribal organization 
        shall not permit the cost sharing described in 
        paragraph (1) for any services delivered through tribal 
        organizations. A State shall not permit cost sharing by 
        a low-income older individual if the income of such 
        individual is at or below the Federal poverty line. A 
        State may exclude from cost sharing low-income 
        individuals whose incomes are above the Federal poverty 
        line. A State shall not consider any assets, savings, 
        or other property owned by older individuals when 
        defining low-income individuals who are exempt from 
        cost sharing, when creating a sliding scale for the 
        cost sharing, or when seeking contributions from any 
        older individual.
          (4) Payment rates.--If a State permits the cost 
        sharing described in paragraph (1), such State shall 
        establish a sliding scale, based solely on individual 
        income and the cost of delivering services.
          (5) Requirements.--If a State permits the cost 
        sharing described in paragraph (1), such State shall 
        require each area agency on aging in the State to 
        ensure that each service provider involved, and the 
        area agency on aging, will--
                  (A) protect the privacy and confidentiality 
                of each older individual with respect to the 
                declaration or nondeclaration of individual 
                income and to any share of costs paid or unpaid 
                by an individual;
                  (B) establish appropriate procedures to 
                safeguard and account for cost share payments;
                  (C) use each collected cost share payment to 
                expand the service for which such payment was 
                given;
                  (D) not consider assets, savings, or other 
                property owned by an older individual in 
                determining whether cost sharing is permitted;
                  (E) not deny any service for which funds are 
                received under this Act for an older individual 
                due to the income of such individual or such 
                individual's failure to make a cost sharing 
                payment;
                  (F) determine the eligibility of older 
                individuals to cost share solely by a 
                confidential declaration of income and with no 
                requirement for verification; and
                  (G) widely distribute State created written 
                materials in languages reflecting the reading 
                abilities of older individuals that describe 
                the criteria for cost sharing, the State's 
                sliding scale, and the mandate described under 
                subparagraph (E).
          (6) Waiver.--An area agency on aging may request a 
        waiver to the State's cost sharing policies, and the 
        State shall approve such a waiver if the area agency on 
        aging can adequately demonstrate that--
                  (A) a significant proportion of persons 
                receiving services under this Act subject to 
                cost sharing in the planning and service area 
                have incomes below the threshold established in 
                State policy; or
                  (B) cost sharing would be an unreasonable 
                administrative or financial burden upon the 
                area agency on aging.
  (b) Voluntary Contributions.--
          (1) In general.--Voluntary contributions shall be 
        allowed and may be solicited for all services for which 
        funds are received under this Act if the method of 
        solicitation is noncoercive. Such contributions shall 
        be encouraged for individuals whose self-declared 
        income is at or above 185 percent of the poverty line, 
        at contribution levels based on the actual cost of 
        services.
          (2) Local decision.--The area agency on aging shall 
        consult with the relevant service providers and older 
        individuals in agency's planning and service area in a 
        State to determine the best method for accepting 
        voluntary contributions under this subsection.
          (3) Prohibited acts.--The area agency on aging and 
        service providers shall not means test for any service 
        for which contributions are accepted or deny services 
        to any individual who does not contribute to the cost 
        of the service.
          (4) Required acts.--The area agency on aging shall 
        ensure that each service provider will--
                  (A) provide each recipient with an 
                opportunity to voluntarily contribute to the 
                cost of the service;
                  (B) clearly inform each recipient that there 
                is no obligation to contribute and that the 
                contribution is purely voluntary;
                  (C) protect the privacy and confidentiality 
                of each recipient with respect to the 
                recipient's contribution or lack of 
                contribution;
                  (D) establish appropriate procedures to 
                safeguard and account for all contributions; 
                and
                  (E) use all collected contributions to expand 
                the service for which the contributions were 
                given and to supplement (not supplant) funds 
                received under this Act.
  (c) Participation.--
          (1) In general.--The State and area agencies on 
        aging, in conducting public hearings on State and area 
        plans, shall solicit the views of older individuals, 
        providers, and other stakeholders on implementation of 
        cost-sharing in the service area or the State.
          (2) Plans.--Prior to the implementation of cost 
        sharing under subsection (a), each State and area 
        agency on aging shall develop plans that are designed 
        to ensure that the participation of low-income 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) receiving services will not decrease with the 
        implementation of the cost sharing under such 
        subsection.
  (d) Evaluation.--Not later than 1 year after the date of the 
enactment of the Older Americans Act Amendments of 2000, and 
annually thereafter, the Assistant Secretary shall conduct a 
comprehensive evaluation of practices for cost sharing to 
determine its impact on participation rates (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). If the Assistant Secretary finds that there is a 
disparate impact upon low-income or minority older individuals 
or older individuals residing in rural areas in any State or 
region within the State regarding the provision of services, 
the Assistant Secretary shall take corrective action to assure 
that such services are provided to all older individuals 
without regard to the cost sharing criteria.
  (e) Response to Area Agencies on Aging.--Upon request from an 
area agency on aging, the State shall make available any 
policies or guidance pertaining to policies under this section.

           *       *       *       *       *       *       *


             Part B--Supportive Services and Senior Centers

                           program authorized

  Sec. 321. (a) The Assistant Secretary shall carry out a 
program for making grants to States under State plans approved 
under section 307 for any of the following supportive services:
          (1) health (including mental and behavioral health), 
        education and training, welfare, informational, 
        recreational, homemaker, counseling, referral, chronic 
        condition self-care management, or falls prevention 
        services;
          (2) transportation services to facilitate access to 
        supportive services or nutrition services, and services 
        provided by an area agency on aging, in conjunction 
        with local transportation service providers, public 
        transportation agencies, and other local government 
        agencies, that result in increased provision of such 
        transportation services for older individuals;
          (3) services designed to encourage and assist older 
        individuals to use the facilities and services 
        (including information and assistance services) 
        available to them, including language translation 
        services to assist older individuals with limited-
        English speaking ability to obtain services under this 
        title;
          (4) services designed (A) to assist older individuals 
        to obtain adequate housing, including residential 
        repair and renovation projects designed to enable older 
        individuals to maintain their homes in conformity with 
        minimum housing standards; (B) to adapt homes to meet 
        the needs of older individuals who have physical 
        disabilities; (C) to prevent unlawful entry into 
        residences of older individuals, through the 
        installation of security devices and through structural 
        modifications or alterations of such residences; or (D) 
        to assist older individuals in obtaining housing for 
        which assistance is provided under programs of the 
        Department of Housing and Urban Development;
          (5) services designed to assist older individuals in 
        avoiding institutionalization and to assist individuals 
        in long-term care institutions who are able to return 
        to their communities, including--
                  (A) client assessment, case management 
                services, and development and coordination of 
                community services;
                  (B) supportive activities to meet the special 
                needs of caregivers, including caretakers who 
                provide in-home services to frail older 
                individuals; and
                  (C) in-home services and other community 
                services, including home health, homemaker, 
                shopping, escort, reader, and letter writing 
                services, to assist older individuals to live 
                independently in a home environment;
          (6) services designed to provide to older individuals 
        legal assistance and other counseling services and 
        assistance, including--
                  (A) tax counseling and assistance, financial 
                counseling, and counseling regarding 
                appropriate health and life insurance coverage;
                  (B) representation--
                          (i) of individuals who are wards (or 
                        are allegedly incapacitated); and
                          (ii) in guardianship proceedings of 
                        older individuals who seek to become 
                        guardians, if other adequate 
                        representation is unavailable in the 
                        proceedings; and
                  (C) provision, to older individuals who 
                provide uncompensated care to their adult 
                children with disabilities, of counseling to 
                assist such older individuals with permanency 
                planning for such children;
          (7) services designed to enable older individuals to 
        attain and maintain physical and mental well-being 
        through programs of regular physical activity, 
        exercise, music therapy, art therapy, cultural 
        experiences (including the arts), and dance-movement 
        therapy;
          [(8) services designed to provide health screening 
        (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;]
          (8) services designed to provide health screening 
        (including mental and behavioral health screening, 
        screening for social isolation and loneliness, falls 
        prevention services screening and traumatic brain 
        injury screening) to detect or prevent (or both) 
        illnesses and injuries that occur most frequently in 
        older individuals;
          (9) services designed to provide, for older 
        individuals, preretirement counseling and assistance in 
        planning for and assessing future post-retirement needs 
        with regard to public and private insurance, public 
        benefits, lifestyle changes, relocation, legal matters, 
        leisure time, and other appropriate matters;
          (10) services of an ombudsman at the State level to 
        receive, investigate, and act on complaints by older 
        individuals who are residents of long-term care 
        facilities and to advocate for the well-being of such 
        individuals;
          (11) provision of services and assistive devices 
        (including provision of assistive technology services 
        and assistive technology devices) which are designed to 
        meet the unique needs of older individuals who are 
        disabled, and of older individuals who provide 
        uncompensated care to their adult children with 
        disabilities;
          (12) services to encourage the employment of older 
        workers, including job and second career counseling 
        and, where appropriate, job development, referral, and 
        placement, and including the coordination of the 
        services with programs administered by or receiving 
        assistance from the Department of Labor, including 
        programs carried out under the Workforce Innovation and 
        Opportunity Act;
          (13) crime prevention services and victim assistance 
        programs for older individuals;
          (14) a program, to be known as ``Senior Opportunities 
        and Services'', designed to identify and meet the needs 
        of low-income older individuals in one or more of the 
        following areas: (A) development and provision of new 
        volunteer services; (B) effective referral to existing 
        health (including mental and behavioralhealth), 
        employment, housing, legal, consumer, transportation, 
        and other services; (C) stimulation and creation of 
        additional services and programs to remedy gaps and 
        deficiencies in presently existing services and 
        programs; and (D) such other services as the Assistant 
        Secretary may determine are necessary or especially 
        appropriate to meet the needs of low-income older 
        individuals and to assure them greater self-
        sufficiency;
          (15) services for the prevention of abuse of older 
        individuals in accordance with chapter 3 of subtitle A 
        of title VII and section 307(a)(12), and screening for 
        elder abuse, neglect, and exploitation;
          (16) in service training and State leadership for 
        legal assistance activities;
          (17) health and nutrition education services, 
        including information concerning prevention, diagnosis, 
        treatment, and rehabilitation of age-related diseases 
        and chronic disabling conditions;
          (18) services designed to enable mentally impaired 
        older individuals to attain and maintain emotional 
        well-being and independent living through a coordinated 
        system of support services;
          (19) services designed to support family members and 
        other persons providing voluntary care to older 
        individuals that need long-term care services;
          (20) services designed to provide information and 
        training for individuals who are or may become 
        guardians or representative payees of older 
        individuals, including information on the powers and 
        duties of guardians and representative payees and on 
        alternatives to guardianships;
          (21) services to encourage and facilitate regular 
        interaction between students and older individuals, 
        including services for older individuals with limited 
        English proficiency and visits in long-term care 
        facilities, multipurpose senior centers, and other 
        settings;
          (22) in-home services for frail older individuals, 
        including individuals with Alzheimer's disease and 
        related disorders with neurological and organic brain 
        dysfunction, and their families, including in-home 
        services defined by a State agency in the State plan 
        submitted under section 307, taking into consideration 
        the age, economic need, and noneconomic and nonhealth 
        factors contributing to the frail condition and need 
        for services of the individuals described in this 
        paragraph, and in-home services defined by an area 
        agency on aging in the area plan submitted under 
        section 306;
          (23) services designed to support States, area 
        agencies on aging, and local service providers in 
        carrying out and coordinating activities for older 
        individuals with respect to mental and behavioral 
        health services, including outreach for, education 
        concerning, and screening for such services, and 
        referral to such services for treatment;
          (24) activities to promote and disseminate 
        information about life-long learning programs, 
        including opportunities for distance learning; [and]
          (25) services that promote or support social 
        connectedness and reduce social isolation; and
          [(25)] (26) any other services necessary for the 
        general welfare of older individuals;
if such services meet standards prescribed by the Assistant 
Secretary and are necessary for the general welfare of older 
individuals. For purposes of paragraph (5), the term ``client 
assessment through case management'' includes providing 
information relating to assistive technology.
  (b)(1) The Assistant Secretary shall carry out a program for 
making grants to States under State plans approved under 
section 307 for the acquisition, alteration, or renovation of 
existing facilities, including mobile units, and, where 
appropriate, construction or modernization of facilities to 
serve as multipurpose senior centers.
  (2) Funds made available to a State under this part may be 
used for the purpose of assisting in the operation of 
multipurpose senior centers and meeting all or part of the 
costs of compensating professional and technical personnel 
required for the operation of multipurpose senior centers.
  (c) In carrying out the provisions of this part, to more 
efficiently and effectively deliver services to older 
individuals, each area agency on aging shall coordinate 
services described in subsection (a) with other community 
agencies and voluntary organizations providing the same 
services, and pursue opportunities for the development of 
intergenerational shared site models for programs or projects, 
consistent with the purposes of this Act. In coordinating the 
services, the area agency on aging shall make efforts to 
coordinate the services with agencies and organizations 
carrying out intergenerational programs or projects.
  (d) Funds made available under this part shall supplement, 
and not supplant, any Federal, State, or local funds expended 
by a State or unit of general purpose local government 
(including an area agency on aging) to provide services 
described in subsection (a).
  (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.

                       Part C--Nutrition Service

SEC. 330. PURPOSES.

   The purposes of this part are--
          (1) to reduce hunger [and food insecurity], food 
        insecurity, and malnutrition;
          (2) to promote socialization of older individuals; 
        and
          (3) to promote the health and well-being of older 
        individuals by assisting such individuals to gain 
        access to nutrition and other disease prevention and 
        health promotion services to delay the onset of adverse 
        health conditions resulting from poor nutritional 
        health or sedentary behavior.

           *       *       *       *       *       *       *


                     Subpart 3--General Provisions

SEC. 339. NUTRITION.

   A State that establishes and operates a nutrition project 
under this chapter shall--
          (1) utilize the expertise of a dietitian or other 
        individual with equivalent education and training in 
        nutrition science, or if such an individual is not 
        available, an individual with comparable expertise in 
        the planning of nutritional services, and
          (2) ensure that the project--
                  (A) provides meals that--
                          (i) comply with the most recent 
                        Dietary Guidelines for Americans, 
                        published by the Secretary and the 
                        Secretary of Agriculture, and
                          (ii) provide to each participating 
                        older individual--
                                  (I) a minimum of 33\1/3\ 
                                percent of the dietary 
                                reference intakes established 
                                by the Food and Nutrition Board 
                                of the [Institute of Medicine 
                                of the National Academy of 
                                Sciences] National Academies of 
                                Sciences, Engineering, and 
                                Medicine, if the project 
                                provides one meal per day,
                                  (II) a minimum of 66\2/3\ 
                                percent of the allowances if 
                                the project provides two meals 
                                per day, and
                                  (III) 100 percent of the 
                                allowances if the project 
                                provides three meals per day, 
                                and
                          (iii) to the maximum extent 
                        practicable, are adjusted to meet any 
                        special dietary needs of program 
                        participants, including cultural 
                        considerations and preferences 
                        (including needs based on religious, 
                        cultural, or ethnic requirements) and 
                        medically tailored meals,
                  (B) provides flexibility to local nutrition 
                providers in designing meals that are appealing 
                to program participants,
                  (C) encourages providers to enter into 
                contracts that limit the amount of time meals 
                must spend in transit before they are consumed,
                  (D) where feasible, encourages joint 
                arrangements with schools and other facilities 
                serving meals to children in order to promote 
                intergenerational meal programs,
                  (E) provides that meals, other than in-home 
                meals, are provided in settings in as close 
                proximity to the majority of eligible older 
                individuals' residences as feasible,
                  (F) comply with applicable provisions of 
                State or local laws regarding the safe and 
                sanitary handling of food, equipment, and 
                supplies used in the storage, preparation, 
                service, and delivery of meals to an older 
                individual,
                  (G) ensures that meal providers solicit the 
                advice and expertise of--
                          (i) a dietitian or other individual 
                        described in paragraph (1),
                          (ii) meal participants, and
                          (iii) other individuals knowledgeable 
                        with regard to the needs of older 
                        individuals,
                  (H) ensures that each participating area 
                agency on aging establishes procedures that 
                allow nutrition project administrators the 
                option to offer a meal, on the same basis as 
                meals provided to participating older 
                individuals, to individuals providing volunteer 
                services during the meal hours, and to 
                individuals with disabilities who reside at 
                home with older individuals eligible under this 
                chapter,
                  (I) ensures that nutrition services will be 
                available to older individuals and to their 
                spouses, and may be made available to 
                individuals with disabilities who are not older 
                individuals but who reside in housing 
                facilities occupied primarily by older 
                individuals at which congregate nutrition 
                services are provided,
                  (J) provides for nutrition screening and 
                nutrition education, and nutrition assessment 
                and counseling if appropriate,
                  (K) encourages individuals who distribute 
                nutrition services under subpart 2 to provide, 
                to homebound older individuals, available 
                medical information approved by health care 
                professionals, such as informational brochures 
                and information on how to get vaccines, 
                including vaccines for influenza, pneumonia, 
                and shingles, in the individuals' communities, 
                and
                  (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.

           *       *       *       *       *       *       *


PART E--NATIONAL FAMILY CAREGIVER SUPPORT PROGRAM

           *       *       *       *       *       *       *


SEC. 372. DEFINITIONS.

  (a) In General.--In this part:
          (1) Child.--The term ``child'' means an individual 
        who is not more than 18 years of age.
          (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.
          (4) Caregiver assessment.--The term ``caregiver 
        assessment'' means a systematic process of gathering 
        information about the situation of a caregiver who 
        voluntarily participates in such process to identify 
        the caregiver's specific needs, barriers, and existing 
        supports as identified by the caregiver that--
                  (A) provides the opportunity for the 
                recognized caregiver to participate in such 
                process;
                  (B) requires direct contact with the 
                caregiver and is used to appropriately target 
                and tailor support services to the caregiver's 
                unique needs; and
                  (C) includes reassessment of such specific 
                needs, barriers, and existing supports, 
                including to accommodate a significant change 
                in the caregiving situation, which shall occur 
                on a voluntary basis with the consent of the 
                caregiver.
  (b) Rule.--In providing services under this part, for family 
caregivers who provide care for individuals with Alzheimer's 
disease and related disorders with neurological and organic 
brain dysfunction, the State involved shall give priority to 
caregivers who provide care for older individuals with such 
disease or disorder.

SEC. 373. PROGRAM AUTHORIZED.

  (a) In General.--The Assistant Secretary shall carry out a 
program for making grants to States with State plans approved 
under section 307, to pay for the Federal share of the cost of 
carrying out State programs, to enable area agencies on aging, 
or entities that such area agencies on aging contract with, to 
provide multifaceted systems of support services--
          (1) for family caregivers; and
          (2) for older relative caregivers.
  (b) Support Services.--The services provided, in a State 
program under subsection (a), by an area agency on aging, or 
entity that such agency has contracted with, may be informed 
through the use of caregiver assessments and shall include--
          (1) information to caregivers about available 
        services;
          (2) assistance to caregivers in gaining access to the 
        services;
          (3) individual counseling, organization of support 
        groups, and caregiver training to assist the caregivers 
        in the areas of health, nutrition, and financial 
        literacy, and in making decisions and solving problems 
        relating to their caregiving roles;
          (4) respite care to enable caregivers to be 
        temporarily relieved from their caregiving 
        responsibilities; and
          (5) supplemental services, on a limited basis, to 
        complement the care provided by caregivers.
  (c) Population Served; Priority.--
          (1) Population served.--Services under a State 
        program under this part shall be provided to family 
        caregivers, and older relative caregivers, who--
                  (A) are described in paragraph (1) or (2) of 
                subsection (a); and
                  (B) with regard to the services specified in 
                paragraphs (4) and (5) of subsection (b), in 
                the case of a caregiver described in paragraph 
                (1), is providing care to an older individual 
                who meets the condition specified in 
                subparagraph (A)(i) or (B) of section 102(22).
          (2) Priority.--In providing services under this part, 
        the State, in addition to giving the priority described 
        in section 372(b), shall give priority--
                  (A) to caregivers who are older individuals 
                with greatest social need, and older 
                individuals with greatest economic need (with 
                particular attention to low-income older 
                individuals); and
                  (B) to older relative caregivers of children 
                with severe disabilities, or individuals with 
                disabilities who have severe disabilities.
  (d) Use of Volunteers.--In carrying out this part, each area 
agency on aging shall make use of trained volunteers to expand 
the provision of the available services described in subsection 
(b) and, if possible, work in coordination with organizations 
that have experience in providing training, placement, and 
stipends for volunteers or participants (such as organizations 
carrying out Federal service programs administered by the 
Corporation for National and Community Service), in community 
service settings.
  (e) Quality Standards and Mechanisms and Accountability.--
          (1) Quality standards and mechanisms.--The State 
        shall establish standards and mechanisms designed to 
        assure the quality of services provided with assistance 
        made available under this part.
          (2) Data and records.--The State shall collect data 
        and maintain records relating to the State program in a 
        standardized format specified by the Assistant 
        Secretary. The State shall furnish the records to the 
        Assistant Secretary, at such time as the Assistant 
        Secretary may require, in order to enable the Assistant 
        Secretary to monitor State program administration and 
        compliance, and to evaluate and compare the 
        effectiveness of the State programs.
          (3) Reports.--The State shall prepare and submit to 
        the Assistant Secretary reports on the data and records 
        required under paragraph (2), including information on 
        the services funded under this part, and standards and 
        mechanisms, including caregiver assessments used in the 
        State, by which the quality of the services shall be 
        assured. The reports shall describe any mechanisms used 
        in the State to provide to persons who are family 
        caregivers, or older relative caregivers, information 
        about and access to various services so that the 
        persons can better carry out their care 
        responsibilities.
          (4) Report on caregiver assessments.--
                  (A) In general.--Not later than 3 years after 
                the effective date of this paragraph, the 
                Assistant Secretary shall issue a report on the 
                use of caregiver assessments by area agencies 
                on aging, entities contracting with such 
                agencies, and organizations. Such report shall 
                include--
                          (i) an analysis of the current use of 
                        caregiver assessments, including a 
                        repository of caregiver assessment 
                        tools or templates and comprehensive 
                        assessment protocols;
                          (ii) using objective data, an 
                        analysis of the impact of caregiver 
                        assessments on--
                                  (I) family caregivers and 
                                older relative caregivers; and
                                  (II) the individuals to whom 
                                the caregivers described in 
                                subclause (I) provide care;
                          (iii) an analysis of the impact of 
                        using caregiver assessments on the 
                        aging network;
                          (iv) an analysis of how caregiver 
                        assessments are being used to identify 
                        the specific needs, barriers, and 
                        existing supports of family caregivers 
                        and older relative caregivers;
                          (v) recommendations for using 
                        caregiver assessments, including in 
                        rural or underserved areas; and
                          (vi) feedback from State agencies and 
                        area agencies on aging, particularly in 
                        rural or underserved areas, on the 
                        implementation of caregiver 
                        assessments.
                  (B) Submission.--Not later than 6 months 
                after the issuance of the report under 
                subparagraph (A), the Assistant Secretary shall 
                submit the report to the Committee on Education 
                and Labor of the House of Representatives, the 
                Committee on Health, Education, Labor, and 
                Pensions of the Senate, and the Special 
                Committee on Aging of the Senate.
  (f) Caregiver Allotment.--
          (1) In general.--
                  (A) From sums appropriated under section 
                303(e) for a fiscal year, the Assistant 
                Secretary shall allot amounts among the States 
                proportionately based on the population of 
                individuals 70 years of age or older in the 
                States.
                  (B) In determining the amounts allotted to 
                States from the sums appropriated under section 
                303 for a fiscal year, the Assistant Secretary 
                shall first determine the amount allotted to 
                each State under subparagraph (A) and then 
                proportionately adjust such amounts, if 
                necessary, to meet the requirements of 
                paragraph (2).
                  (C) The number of individuals 70 years of age 
                or older in any State and in all States shall 
                be determined by the Assistant Secretary on the 
                basis of the most recent data available from 
                the Bureau of the Census and other reliable 
                demographic data satisfactory to the Assistant 
                Secretary.
          (2) Minimum allotment.--
                  (A) The amounts allotted under paragraph (1) 
                shall be reduced proportionately to the extent 
                necessary to increase other allotments under 
                such paragraph to achieve the amounts described 
                in subparagraph (B).
                  (B)(i) Each State shall be allotted \1/2\ of 
                1 percent of the amount appropriated for the 
                fiscal year for which the determination is 
                made.
                  (ii) Guam and the Virgin Islands of the 
                United States shall each be allotted \1/4\ of 1 
                percent of the amount appropriated for the 
                fiscal year for which the determination is 
                made.
                  (iii) American Samoa and the Commonwealth of 
                the Northern Mariana Islands shall each be 
                allotted \1/16\ of 1 percent of the amount 
                appropriated for the fiscal year for which the 
                determination is made.
                  (C) For the purposes of subparagraph (B)(i), 
                the term ``State'' does not include Guam, 
                American Samoa, the Virgin Islands of the 
                United States, and the Commonwealth of the 
                Northern Mariana Islands.
  (g) Availability of Funds.--
          (1) Use of funds for administration of area plans.--
        Amounts made available to a State to carry out the 
        State program under this part may be used, in addition 
        to amounts available in accordance with section 
        303(c)(1), for costs of administration of area plans.
          (2) Federal share.--
                  (A) In general.--Notwithstanding section 
                304(d)(1)(D), the Federal share of the cost of 
                carrying out a State program under this part 
                shall be 75 percent.
                  (B) Non-federal share.--The non-Federal share 
                of the cost shall be provided from State and 
                local sources.
                  (C) Limitation.--A State may use not more 
                than 10 percent of the total Federal and non-
                Federal share available to the State to provide 
                support services to older relative caregivers.
  (h) Technical Assistance for Caregiver Assessments.--Not 
later than 1 year after the effective date of this subsection, 
the Assistant Secretary, in consultation with caregivers, older 
individuals, individuals with a disability who receive care 
from an older relative caregiver, the aging network, and other 
experts and stakeholders, shall provide technical assistance to 
promote and implement the use of caregiver assessments. Such 
technical assistance shall include sharing available tools and 
templates, comprehensive assessment protocols, and best 
practices concerning--
          (1) conducting caregiver assessments and 
        reassessments;
          (2) implementing such assessments that are consistent 
        across a planning and service area; and
          (3) implementing caregiver support service plans, 
        including referrals to and coordination of activities 
        with relevant State and local services.

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

           *       *       *       *       *       *       *


                         PART A--GRANT PROGRAMS

SEC. 411. PROGRAM AUTHORIZED.

  (a) In General.--For the purpose of carrying out this 
section, the Assistant Secretary may make grants to and enter 
into contracts with States, public agencies, private nonprofit 
agencies, institutions of higher education, and organizations, 
including tribal organizations, for--
          (1) education and training to develop an adequately 
        trained workforce to work with and on behalf of older 
        individuals;
          (2) applied social research and analysis to improve 
        access to and delivery of services for older 
        individuals;
          (3) evaluation of the performance of the programs, 
        activities, and services provided under this section;
          (4) the development of methods and practices to 
        improve the quality and effectiveness of the programs, 
        services, and activities provided under this section;
          (5) the demonstration of new approaches to design, 
        deliver, and coordinate programs and services for older 
        individuals;
          (6) technical assistance in planning, developing, 
        implementing, and improving the programs, services, and 
        activities provided under this section;
          (7) coordination with the designated State agency 
        described in section 101(a)(2)(A)(i) of the 
        Rehabilitation Act of 1973 (29 U.S.C. 721(a)(2)(A)(i)) 
        to provide services to older individuals who are blind 
        as described in such Act;
          (8) the training of graduate level professionals 
        specializing in the mental health needs of older 
        individuals;
          (9) planning activities to prepare communities for 
        the aging of the population, which activities may 
        include--
                  (A) efforts to assess the aging population;
                  (B) activities to coordinate the activities 
                of State and local agencies in order to meet 
                the needs of older individuals; and
                  (C) training and technical assistance to 
                support States, area agencies on aging, and 
                organizations receiving grants under title VI, 
                in engaging in community planning activities;
          (10) the development, implementation, and assessment 
        of technology-based service models and best practices, 
        to support the use of health monitoring and assessment 
        technologies, communication devices, assistive 
        technologies, and other technologies that may remotely 
        connect family and professional caregivers to frail 
        older individuals residing in home and community-based 
        settings or rural areas;
          (11) conducting activities of national significance 
        to promote quality and continuous improvement in the 
        support provided to family and other informal 
        caregivers of older individuals through activities that 
        include program evaluation, training, technical 
        assistance, and research, including--
                  (A) programs addressing unique issues faced 
                by rural caregivers;
                  (B) programs focusing on the needs of older 
                individuals with cognitive impairment such as 
                Alzheimer's disease and related disorders with 
                neurological and organic brain dysfunction, and 
                their caregivers; and
                  (C) programs supporting caregivers in the 
                role they play in providing disease prevention 
                and health promotion services;
          [(12) building public awareness of cognitive 
        impairments such as Alzheimer's disease and related 
        disorders with neurological and organic brain 
        dysfunction, depression, and mental disorders;]
          (12) building public awareness of cognitive 
        impairments such as Alzheimer's disease and related 
        disorders with neurological and organic brain 
        dysfunction, depression, mental health disorders, and 
        traumatic brain injury;
          (13) bringing to scale and sustaining evidence-based 
        falls prevention programs that will reduce the number 
        of falls, fear of falling, and fall-related injuries in 
        older individuals and older individuals with 
        disabilities;
          (14) bringing to scale and sustaining evidence-based 
        chronic disease self-management programs that empower 
        older individuals and older individuals with 
        disabilities to better manage their chronic conditions;
          [(13)] (15) 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]
          (16) in coordination with the Secretary of Labor, the 
        demonstration of new strategies for the recruitment, 
        retention, or advancement of direct care workers, and 
        to solicit, develop, and implement strategies--
                  (A) to reduce barriers to entry for a diverse 
                and high-quality direct care workforce, 
                including providing wages, benefits, and 
                advancement opportunities needed to attract and 
                retain direct care workers;
                  (B) to provide supportive services and career 
                planning for direct care workers; and
                  (C) to support the advancement of direct care 
                workers through education and workforce 
                development programs that include necessary 
                credential or licensing preparation, paid on-
                the-job training or work-based learning, and 
                appropriate safety training;
          (17) the implementation of a national resource center 
        that shall--
                  (A) provide training and technical assistance 
                to agencies in the aging network delivering 
                services to older individuals experiencing the 
                long-term and adverse consequences of trauma;
                  (B) share best practices with the aging 
                network; and
                  (C) make subgrants to the agencies best 
                positioned to advance and improve the delivery 
                of person-centered, trauma-informed services 
                for older individuals experiencing the long-
                term and adverse consequences of trauma;
          (18) projects that address social isolation and 
        loneliness among older adults; and
          [(14)] (19) any other activities that the Assistant 
        Secretary determines will achieve the objectives of 
        this section.
  [(b) Authorization of Appropriations.--There are authorized 
to be appropriated to carry 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) Authorization of Appropriations.--There are authorized to 
be appropriated to carry out--
          (1) aging network support activities under this 
        section, $14,549,157 for fiscal year 2020, $15,422,107 
        for fiscal year 2021, $16,347,433 for fiscal year 2022, 
        $17,328,279 for fiscal year 2023, and $18,367,976 for 
        fiscal year 2024; and
          (2) elder rights support activities under this 
        section, $15,650,667 for fiscal year 2020, $16,589,707 
        for fiscal year 2021, $17,585,090 for fiscal year 2022, 
        $18,640,195 for fiscal year 2023, and $19,758,607 for 
        fiscal year 2024.

           *       *       *       *       *       *       *


[SEC. 416. TECHNICAL ASSISTANCE AND INNOVATION TO IMPROVE 
                    TRANSPORTATION FOR OLDER INDIVIDUALS.

  [(a) In General.--The Secretary may award grants or contracts 
to nonprofit organizations to improve transportation services 
for older individuals.
  [(b) Use of Funds.--
          [(1) In general.--A nonprofit organization receiving 
        a grant or contract under subsection (a) shall use the 
        funds received through such grant or contract to carry 
        out a demonstration project, or to provide technical 
        assistance to assist local transit providers, area 
        agencies on aging, senior centers, and local senior 
        support groups, to encourage and facilitate 
        coordination of Federal, State, and local 
        transportation services and resources for older 
        individuals. The organization may use the funds to 
        develop and carry out an innovative transportation 
        demonstration project to create transportation services 
        for older individuals.
          [(2) Specific activities.--In carrying out a 
        demonstration project or providing technical assistance 
        under paragraph (1) the organization may carry out 
        activities that include--
                  [(A) developing innovative approaches for 
                improving access by older individuals to 
                transportation services, including volunteer 
                driver programs, economically sustainable 
                transportation programs, and programs that 
                allow older individuals to transfer their 
                automobiles to a provider of transportation 
                services in exchange for the services;
                  [(B) preparing information on transportation 
                options and resources for older individuals and 
                organizations serving such individuals, and 
                disseminating the information by establishing 
                and operating a toll-free telephone number;
                  [(C) developing models and best practices for 
                providing comprehensive integrated 
                transportation services for older individuals, 
                including services administered by the 
                Secretary of Transportation, by providing 
                ongoing technical assistance to agencies 
                providing services under title III and by 
                assisting in coordination of public and 
                community transportation services; and
                  [(D) providing special services to link older 
                individuals to transportation services not 
                provided under title III.
  [(c) Economically Sustainable Transportation.--In this 
section, the term ``economically sustainable transportation'' 
means demand responsive transportation for older individuals--
          [(1) that may be provided through volunteers; and
          [(2) that the provider will provide without receiving 
        Federal or other public financial assistance, after a 
        period of not more than 5 years of providing the 
        services under this section.]

SEC. 417. DEMONSTRATION, SUPPORT, AND RESEARCH PROJECTS FOR 
                    MULTIGENERATIONAL AND CIVIC ENGAGEMENT ACTIVITIES.

  [(a) Grants and Contracts.--The Assistant Secretary shall 
award grants and enter into contracts with eligible 
organizations to carry out projects to--
          [(1) provide opportunities for older individuals to 
        participate in multigenerational activities and civic 
        engagement activities designed to meet critical 
        community needs, and use the full range of time, 
        skills, and experience of older individuals, including 
        demonstration and support projects that--
                  [(A) provide support for older relative 
                caregivers (as defined in section 372) raising 
                children (such as kinship navigator programs); 
                or
                  [(B) involve volunteers who are older 
                individuals who provide support and information 
                to families who have a child with a disability 
                or chronic illness, or other families in need 
                of such family support; and
          [(2) coordinate multigenerational activities and 
        civic engagement activities, promote volunteerism, and 
        facilitate development of and participation in 
        multigenerational activities and civic engagement 
        activities.
  [(b) Use of Funds.--An eligible organization shall use funds 
made available under a grant awarded, or a contract entered 
into, under this section to--
          [(1) carry out a project described in subsection (a); 
        and
          [(2) evaluate the project in accordance with 
        subsection (f).]
  (a) Grants and Contracts.--The Assistant Secretary shall 
award grants to, and enter into contracts with, eligible 
organizations to carry out projects--
          (1) to provide opportunities for older individuals to 
        participate in multigenerational activities and civic 
        engagement activities that contribute to the health and 
        wellness of older individuals and individuals in 
        younger generations by developing--
                  (A) meaningful roles for participants;
                  (B) reciprocity in relationship building;
                  (C) reduced social isolation and improved 
                participant social connectedness;
                  (D) improved economic well-being for older 
                individuals;
                  (E) increased lifelong learning; or
                  (F) support for family caregivers by--
                          (i) providing support for older 
                        relative caregivers (as defined in 
                        section 372) raising children (such as 
                        kinship navigator programs); or
                          (ii) involving volunteers who are 
                        older individuals who provide support 
                        and information to families who have a 
                        child with a disability or chronic 
                        illness, or other families in need of 
                        such family support;
          (2) to coordinate multigenerational activities and 
        civic engagement activities, including 
        multigenerational nutrition and meal service programs;
          (3) to promote volunteerism, including becoming a 
        mentor to young people; and
          (4) to facilitate development of and participation in 
        multigenerational activities and civic engagement 
        activities.
  (b) Grant Period.--Each grant awarded or contract made under 
subsection (a) shall be to carry out projects for a period of 
not less than 36 months.
  (c) Use of Funds.--
          (1) In general.--An eligible organization shall use 
        funds made available under a grant awarded, or a 
        contract entered into, under this section to carry out 
        a project described in subsection (a).
          (2) Provision of projects through grantees.--In 
        making grants under this section, the Assistant 
        Secretary shall ensure that awards are made for the 
        activities and projects described in each of paragraphs 
        (1) and (2) of subsection (a).
  [(c)] (d) Preference.--In awarding grants and entering into 
contracts to carry out a project that serves individuals in 
younger generations and older individuals described in 
subsection (a), the Assistant Secretary shall give preference 
to--
          (1) eligible organizations with a demonstrated record 
        of carrying out, intent to carry out, or intent to 
        partner with local organizations or multiservice 
        organizations to carry out, multigenerational 
        activities or civic engagement activities;
          (2) eligible organizations proposing 
        multigenerational activity projects that will serve 
        older individuals and communities with the greatest 
        need (with particular attention to low-income minority 
        individuals, older individuals with limited English 
        proficiency, older individuals residing in rural areas, 
        and low-income minority communities);
          (3) eligible organizations proposing civic engagement 
        projects that will serve communities with the greatest 
        need[; and];
          (4) eligible organizations with the capacity to 
        develop meaningful roles and assignments that use the 
        time, skills, and experience of older individuals to 
        serve public and nonprofit organizations[.]; and
          (5) eligible organizations proposing 
        multigenerational activity projects that utilize shared 
        site programs, such as collocated child care and long-
        term care facilities.
  [(d)] (e) Application.--To be eligible to receive a grant or 
enter into a contract under subsection (a), an organization 
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.
  [(e) Eligible Organizations.--Organizations eligible to 
receive a grant or enter into a contract under subsection (a)--
          [(1) to carry out activities described in subsection 
        (a)(1), shall be organizations that provide 
        opportunities for older individuals to participate in 
        activities described in subsection (a)(1); and
          [(2) to carry out activities described in subsection 
        (a)(2), shall be organizations with the capacity to 
        conduct the coordination, promotion, and facilitation 
        described in subsection (a)(2), through the use of 
        multigenerational coordinators.]
  (f) Eligible Organizations.--Organizations eligible to 
receive a grant or enter into a contract under subsection (a) 
shall--
          (1) be a State, an area agency on aging, or an 
        organization that provides opportunities for older 
        individuals to participate in activities described in 
        such subsection; and
          (2) have the capacity to conduct the coordination, 
        promotion, and facilitation described in such 
        subsection through the use of multigenerational 
        coordinators.
  [(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 the Speaker of the House of Representatives and the 
President pro tempore of the Senate a report that assesses the 
evaluations and includes, at a minimum--
          [(1) the names or descriptive titles of the projects 
        funded under subsection (a);
          [(2) a description of the nature and operation of the 
        projects;
          [(3) the names and addresses of organizations that 
        conducted the projects;
          [(4) in the case of projects carried out under 
        subsection (a)(1), a description of the methods and 
        success of the projects in recruiting older individuals 
        as employees and as volunteers to participate in the 
        projects;
          [(5) in the case of projects carried out under 
        subsection (a)(1), a description of the success of the 
        projects in retaining older individuals participating 
        in the projects as employees and as volunteers;
          [(6) in the case of projects carried out under 
        subsection (a)(1), the rate of turnover of older 
        individual employees and volunteers in the projects;
          [(7) a strategy for disseminating the findings 
        resulting from the projects described in paragraph (1); 
        and
          [(8) any policy change recommendations relating to 
        the projects.]
  [(f)] (g) Local Evaluation and Report.--
          (1) Evaluation.--Each organization receiving a grant 
        or a contract under subsection (a) to carry out a 
        project described in subsection (a) shall evaluate the 
        multigenerational activities or civic engagement 
        activities carried out under the project to determine--
                  (A) the effectiveness of the activities 
                involved;
                  (B) the impact of such activities on the 
                community being served and the organization 
                providing the activities; and
                  (C) the impact of such activities on older 
                individuals involved in such project.
          (2) Report.--The organization 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.
  (h) Definitions.--As used in this section:
          (1) Multigenerational activity.--The term 
        ``multigenerational activity'' means an activity that 
        provides an opportunity for interaction between 2 or 
        more individuals of different generations, including 
        activities connecting older individuals and youth in a 
        child care program, a youth day care program, an 
        educational assistance program, an at-risk youth 
        intervention program, a juvenile delinquency treatment 
        program, a before- or after-school program, a library 
        program, or a family support program.
          (2) Multigenerational coordinator.--The term 
        ``multigenerational coordinator'' means a person who--
                  (A) builds the capacity of public and 
                nonprofit organizations to develop meaningful 
                roles and assignments, that use the time, 
                skill, and experience of older individuals to 
                serve those organizations; and
                  (B) nurtures productive, sustainable working 
                relationships between--
                          (i) [individuals from the generations 
                        with older individuals] older 
                        individuals; and
                          (ii) individuals in younger 
                        generations.

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TITLE V--COMMUNITY SERVICE SENIOR OPPORTUNITIES ACT

           *       *       *       *       *       *       *


SEC. 502. OLDER AMERICAN COMMUNITY SERVICE EMPLOYMENT PROGRAM.

  (a) In General.--
          (1) Establishment of program.--To foster individual 
        economic self-sufficiency and promote useful 
        opportunities in community service activities (which 
        shall include community service employment) for 
        unemployed low-income persons who are age 55 or older, 
        particularly persons who have poor employment 
        prospects, and to increase the number of persons who 
        may enjoy the benefits of unsubsidized employment in 
        both the public and private sectors, the Secretary of 
        Labor (referred to in this title as the ``Secretary'') 
        may establish an older American community service 
        employment program.
          (2) Use of appropriated amounts.--Amounts 
        appropriated to carry out this title shall be used only 
        to carry out the provisions contained in this title.
  (b) Grant Authority.--
          (1) Projects.--To carry out this title, the Secretary 
        may make grants to public and nonprofit private 
        agencies and organizations, agencies of a State, and 
        tribal organizations to carry out the program 
        established under subsection (a). Such grants may 
        provide for the payment of costs, as provided in 
        subsection (c), of projects developed by such 
        organizations and agencies in cooperation with the 
        Secretary in order to make such program effective or to 
        supplement such program. The Secretary shall make the 
        grants from allotments made under section 506, and in 
        accordance with section 514. No payment shall be made 
        by the Secretary toward the cost of any project 
        established or administered by such an organization or 
        agency unless the Secretary determines that such 
        project--
                  (A) will provide community service employment 
                only for eligible individuals except for 
                necessary technical, administrative, and 
                supervisory personnel, and such personnel will, 
                to the fullest extent possible, be recruited 
                from among eligible individuals;
                  (B)(i) will provide community service 
                employment and other authorized activities for 
                eligible individuals in the community in which 
                such individuals reside, or in nearby 
                communities; or
                  (ii) if such project is carried out by a 
                tribal organization that receives a grant under 
                this subsection or receives assistance from a 
                State that receives a grant under this 
                subsection, will provide community service 
                employment and other authorized activities for 
                such individuals, including those who are 
                Indians residing on an Indian reservation, as 
                defined in section 2601 of the Energy Policy 
                Act of 1992 (25 U.S.C. 3501);
                  (C) will comply with an average participation 
                cap for eligible individuals (in the aggregate) 
                of--
                          (i) 27 months; or
                          (ii) pursuant to the request of a 
                        grantee, an extended period of 
                        participation established by the 
                        Secretary for a specific project area 
                        for such grantee, up to a period of not 
                        more than 36 months, if the Secretary 
                        determines that extenuating 
                        circumstances exist relating to the 
                        factors identified in section 
                        513(a)(2)(E) that justify such an 
                        extended period for the program year 
                        involved;
                  (D) will employ eligible individuals in 
                service related to publicly owned and operated 
                facilities and projects, or projects sponsored 
                by nonprofit organizations (excluding political 
                parties exempt from taxation under section 
                501(c)(3) of the Internal Revenue Code of 
                1986), but excluding projects involving the 
                construction, operation, or maintenance of any 
                facility used or to be used as a place for 
                sectarian religious instruction or worship;
                  (E) will contribute to the general welfare of 
                the community, which may include support for 
                children, youth, and families;
                  (F) will provide community service employment 
                and other authorized activities for eligible 
                individuals;
                  (G)(i) will not reduce the number of 
                employment opportunities or vacancies that 
                would otherwise be available to individuals not 
                participating in the program;
                  (ii) will not displace currently employed 
                workers (including partial displacement, such 
                as a reduction in the hours of nonovertime 
                work, wages, or employment benefits);
                  (iii) will not impair existing contracts or 
                result in the substitution of Federal funds for 
                other funds in connection with work that would 
                otherwise be performed; and
                  (iv) will not employ or continue to employ 
                any eligible individual to perform the same 
                work or substantially the same work as that 
                performed by any other individual who is on 
                layoff;
                  (H) will coordinate activities with training 
                and other services provided under title I of 
                the Workforce Innovation and Opportunity Act, 
                including utilizing the one-stop delivery 
                system of the local workforce development areas 
                involved to recruit eligible individuals to 
                ensure that the maximum number of eligible 
                individuals will have an opportunity to 
                participate in the project;
                  (I) will include such training (such as work 
                experience, on-the-job training, and classroom 
                training) as may be necessary to make the most 
                effective use of the skills and talents of 
                those individuals who are participating, and 
                will provide for the payment of the reasonable 
                expenses of individuals being trained, 
                including a reasonable subsistence allowance 
                equivalent to the wage described in 
                subparagraph (J);
                  (J) will ensure that safe and healthy 
                employment conditions will be provided, and 
                will ensure that participants employed in 
                community service and other jobs assisted under 
                this title will be paid wages that shall not be 
                lower than whichever is the highest of--
                          (i) the minimum wage that would be 
                        applicable to such a participant under 
                        the Fair Labor Standards Act of 1938 
                        (29 U.S.C. 201 et seq.), if section 
                        6(a)(1) of such Act (29 U.S.C. 
                        206(a)(1)) applied to the participant 
                        and if the participant were not exempt 
                        under section 13 of such Act (29 U.S.C. 
                        213);
                          (ii) the State or local minimum wage 
                        for the most nearly comparable covered 
                        employment; or
                          (iii) the prevailing rates of pay for 
                        individuals employed in similar public 
                        occupations by the same employer;
                  (K) will be established or administered with 
                the advice of persons competent in the field of 
                service in which community service employment 
                or other authorized activities are being 
                provided, and of persons who are knowledgeable 
                about the needs of older individuals;
                  (L) will authorize payment for necessary 
                supportive services costs (including 
                transportation costs) of eligible individuals 
                that may be incurred in training in any project 
                funded under this title, in accordance with 
                rules issued by the Secretary;
                  (M) will ensure that, to the extent feasible, 
                such project will serve the needs of minority 
                and Indian eligible individuals, eligible 
                individuals with limited English proficiency, 
                and eligible individuals with greatest economic 
                need, at least in proportion to their numbers 
                in the area served and take into consideration 
                their rates of poverty and unemployment;
                  (N)(i) will prepare an assessment of the 
                participants' skills and talents and their 
                needs for services, except to the extent such 
                project has, for the participant involved, 
                recently prepared an assessment of such skills 
                and talents, and such needs, pursuant to 
                another employment or training program (such as 
                a program under the Workforce Innovation and 
                Opportunity Act (29 U.S.C. 3101 et seq.), the 
                Carl D. Perkins Career and Technical Education 
                Act of 2006 (20 U.S.C. 2301 et seq.), or part A 
                of title IV of the Social Security Act (42 
                U.S.C. 601 et seq.)) and will prepare a related 
                service strategy;
                  (ii) will provide training and employment 
                counseling to eligible individuals based on 
                strategies that identify appropriate employment 
                objectives and the need for supportive 
                services, developed as a result of the 
                assessment and service strategy provided for in 
                clause (i), and provide other appropriate 
                information regarding such project; and
                  (iii) will provide counseling to participants 
                on their progress in meeting such objectives 
                and satisfying their need for supportive 
                services;
                  (O) will provide appropriate services for 
                participants, or refer the participants to 
                appropriate services, through the one-stop 
                delivery system of the local workforce 
                development areas involved as established under 
                section 121(e) of the Workforce Innovation and 
                Opportunity Act, and will be involved in the 
                planning and operations of such system pursuant 
                to a memorandum of understanding with the local 
                workforce development board in accordance with 
                section 121(c) of such Act;
                  (P) will post in such project workplace a 
                notice, and will make available to each person 
                associated with such project a written 
                explanation--
                          (i) clarifying the law with respect 
                        to political activities allowable and 
                        unallowable under chapter 15 of title 
                        5, United States Code, applicable to 
                        the project and to each category of 
                        individuals associated with such 
                        project; and
                          (ii) containing the address and 
                        telephone number of the Inspector 
                        General of the Department of Labor, to 
                        whom questions regarding the 
                        application of such chapter may be 
                        addressed;
                  (Q) will provide to the Secretary the 
                description and information described in--
                          (i) clauses (ii) and (viii) of 
                        paragraph (2)(B), relating to 
                        coordination with other Federal 
                        programs, of section 102(b) of the 
                        Workforce Innovation and Opportunity 
                        Act; and
                          (ii) paragraph (2)(C)(i), relating to 
                        implementation of one-stop delivery 
                        systems, of section 102(b) of the 
                        Workforce Innovation and Opportunity 
                        Act; and
                  (R) will ensure that entities that carry out 
                activities under the project (including State 
                agencies, local entities, subgrantees, and 
                subcontractors) and affiliates of such entities 
                receive an amount of the administrative cost 
                allocation determined by the Secretary, in 
                consultation with grantees, to be sufficient.
          (2) Regulations.--The Secretary may establish, issue, 
        and amend such regulations as may be necessary to 
        effectively carry out this title.
          (3) Assessment and service strategies.--
                  (A) Prepared under this act.--An assessment 
                and service strategy required by paragraph 
                (1)(N) to be prepared for an eligible 
                individual shall satisfy any condition for an 
                assessment and service strategy or individual 
                employment plan for an adult participant under 
                subtitle B of title I of the Workforce 
                Innovation and Opportunity Act, in order to 
                determine whether such eligible individual also 
                qualifies for career or training services 
                described in section 134(c) of such Act.
                  (B) Prepared under workforce innovation and 
                opportunity Act.--An assessment and service 
                strategy or individual employment plan prepared 
                under subtitle B of title I of the Workforce 
                Innovation and Opportunity Act for an eligible 
                individual may be used to comply with the 
                requirement specified in subparagraph (A).
  (c) Federal Share and Use of Funds.--
          (1) Federal share.--The Secretary may pay a Federal 
        share not to exceed 90 percent of the cost of any 
        project for which a grant is made under subsection (b), 
        except that the Secretary may pay all of such cost if 
        such project is--
                  (A) an emergency or disaster project; or
                  (B) a project located in an economically 
                depressed area, as determined by the Secretary 
                in consultation with the Secretary of Commerce 
                and the Secretary of Health and Human Services.
          (2) Non-federal share.--The non-Federal share shall 
        be in cash or in kind. In determining the amount of the 
        non-Federal share, the Secretary may attribute fair 
        market value to services and facilities contributed 
        from non-Federal sources.
          (3) Use of funds for administrative costs.--Of the 
        grant amount to be paid under this subsection by the 
        Secretary for a project, not to exceed 13.5 percent 
        shall be available for any fiscal year to pay the 
        administrative costs of such project, except that--
                  (A) the Secretary may increase the amount 
                available to pay the administrative costs to an 
                amount not to exceed 15 percent of the grant 
                amount if the Secretary determines, based on 
                information submitted by the grantee under 
                subsection (b), that such increase is necessary 
                to carry out such project; and
                  (B) if the grantee under subsection (b) 
                demonstrates to the Secretary that--
                          (i) major administrative cost 
                        increases are being incurred in 
                        necessary program components, including 
                        liability insurance, payments for 
                        workers' compensation, costs associated 
                        with achieving unsubsidized placement 
                        goals, and costs associated with other 
                        operation requirements imposed by the 
                        Secretary;
                          (ii) the number of community service 
                        employment positions in the project or 
                        the number of minority eligible 
                        individuals participating in the 
                        project will decline if the amount 
                        available to pay the administrative 
                        costs is not increased; or
                          (iii) the size of the project is so 
                        small that the amount of administrative 
                        costs incurred to carry out the project 
                        necessarily exceeds 13.5 percent of the 
                        grant amount;
                the Secretary shall increase the amount 
                available for such fiscal year to pay the 
                administrative costs to an amount not to exceed 
                15 percent of the grant amount.
          (4) Administrative costs.--For purposes of this 
        title, administrative costs are the costs, both 
        personnel-related and nonpersonnel-related and both 
        direct and indirect, associated with the following:
                  (A) The costs of performing general 
                administrative functions and of providing for 
                the coordination of functions, such as the 
                costs of--
                          (i) accounting, budgeting, and 
                        financial and cash management;
                          (ii) procurement and purchasing;
                          (iii) property management;
                          (iv) personnel management;
                          (v) payroll functions;
                          (vi) coordinating the resolution of 
                        findings arising from audits, reviews, 
                        investigations, and incident reports;
                          (vii) audits;
                          (viii) general legal services;
                          (ix) developing systems and 
                        procedures, including information 
                        systems, required for administrative 
                        functions;
                          (x) preparing administrative reports; 
                        and
                          (xi) other activities necessary for 
                        the general administration of 
                        government funds and associated 
                        programs.
                  (B) The costs of performing oversight and 
                monitoring responsibilities related to 
                administrative functions.
                  (C) The costs of goods and services required 
                for administrative functions of the project 
                involved, including goods and services such as 
                rental or purchase of equipment, utilities, 
                office supplies, postage, and rental and 
                maintenance of office space.
                  (D) The travel costs incurred for official 
                business in carrying out administrative 
                activities or overall management.
                  (E) The costs of information systems related 
                to administrative functions (such as personnel, 
                procurement, purchasing, property management, 
                accounting, and payroll systems), including the 
                purchase, systems development, and operating 
                costs of such systems.
                  (F) The costs of technical assistance, 
                professional organization membership dues, and 
                evaluating results obtained by the project 
                involved against stated objectives.
          (5) Non-federal share of administrative costs.--To 
        the extent practicable, an entity that carries out a 
        project under this title shall provide for the payment 
        of the expenses described in paragraph (4) from non-
        Federal sources.
          (6) Use of funds for wages and benefits and 
        programmatic activity costs.--
                  (A) In general.--Amounts made available for a 
                project under this title that are not used to 
                pay for the administrative costs shall be used 
                to pay for the costs of programmatic 
                activities, including the costs of--
                          (i) participant wages, such benefits 
                        as are required by law (such as 
                        workers' compensation or unemployment 
                        compensation), the costs of physical 
                        examinations, compensation for 
                        scheduled work hours during which an 
                        employer's business is closed for a 
                        Federal holiday, and necessary sick 
                        leave that is not part of an 
                        accumulated sick leave program, except 
                        that no amounts provided under this 
                        title may be used to pay the cost of 
                        pension benefits, annual leave, 
                        accumulated sick leave, or bonuses;
                          (ii) participant training (including 
                        the payment of reasonable costs of 
                        instructors, classroom rental, training 
                        supplies, materials, equipment, and 
                        tuition), which may be provided prior 
                        to or subsequent to placement and which 
                        may be provided on the job, in a 
                        classroom setting, or pursuant to other 
                        appropriate arrangements;
                          (iii) job placement assistance, 
                        including job development and job 
                        search assistance;
                          (iv) participant supportive services 
                        to enable a participant to successfully 
                        participate in a project under this 
                        title, which may include the payment of 
                        reasonable costs of transportation, 
                        health and medical services, special 
                        job-related or personal counseling, 
                        incidentals (such as work shoes, 
                        badges, uniforms, eyeglasses, and 
                        tools), child and adult care, temporary 
                        shelter, and follow-up services; and
                          (v) outreach, recruitment and 
                        selection, intake, orientation, and 
                        assessments.
                  (B) Use of funds for wages and benefits.--
                From the funds made available through a grant 
                made under subsection (b), a grantee under this 
                title--
                          (i) except as provided in clause 
                        (ii), shall use not less than 75 
                        percent of the grant funds to pay the 
                        wages, benefits, and other costs 
                        described in subparagraph (A)(i) for 
                        eligible individuals who are employed 
                        under projects carried out under this 
                        title; or
                          (ii) that obtains approval for a 
                        request described in subparagraph (C) 
                        may use not less than 65 percent of the 
                        grant funds to pay the wages, benefits, 
                        and other costs described in 
                        subparagraph (A)(i).
                  (C) Request to use additional funds for 
                programmatic activity costs.--
                          (i) In general.--A grantee may submit 
                        to the Secretary a request for 
                        approval--
                                  (I) to use not less than 65 
                                percent of the grant funds to 
                                pay the wages, benefits, and 
                                other costs described in 
                                subparagraph (A)(i);
                                  (II) to use the percentage of 
                                grant funds described in 
                                paragraph (3) to pay for 
                                administrative costs, as 
                                specified in that paragraph;
                                  (III) to use not more than 10 
                                percent of the grant funds for 
                                individual participants to 
                                provide activities described in 
                                clauses (ii) and (iv) of 
                                subparagraph (A), in which case 
                                the grantee shall provide (from 
                                the funds described in this 
                                subclause) the subsistence 
                                allowance described in 
                                subsection (b)(1)(I) for those 
                                individual participants who are 
                                receiving training described in 
                                that subsection from the funds 
                                described in this subclause, 
                                but may not use the funds 
                                described in this subclause to 
                                pay for any administrative 
                                costs; and
                                  (IV) to use the remaining 
                                grant funds to provide 
                                activities described in clauses 
                                (ii) through (v) of 
                                subparagraph (A).
                          (ii) Contents.--In submitting the 
                        request the grantee shall include in 
                        the request--
                                  (I) a description of the 
                                activities for which the 
                                grantee will spend the grant 
                                funds described in subclauses 
                                (III) and (IV) of clause (i), 
                                consistent with those 
                                subclauses;
                                  (II) an explanation 
                                documenting how the provision 
                                of such activities will improve 
                                the effectiveness of the 
                                project, including an 
                                explanation concerning whether 
                                any displacement of eligible 
                                individuals or elimination of 
                                positions for such individuals 
                                will occur, information on the 
                                number of such individuals to 
                                be displaced and of such 
                                positions to be eliminated, and 
                                an explanation concerning how 
                                the activities will improve 
                                employment outcomes for 
                                individuals served, based on 
                                the assessment conducted under 
                                subsection (b)(1)(N); and
                                  (III) a proposed budget and 
                                work plan for the activities, 
                                including a detailed 
                                description of the funds to be 
                                spent on the activities 
                                described in subclauses (III) 
                                and (IV) of clause (i).
                          (iii) Submission.--The grantee shall 
                        submit a request described in clause 
                        (i) not later than 90 days before the 
                        proposed date of implementation 
                        contained in the request. Not later 
                        than 30 days before the proposed date 
                        of implementation, the Secretary shall 
                        approve, approve as modified, or reject 
                        the request, on the basis of the 
                        information included in the request as 
                        described in clause (ii).
                  (D) Report.--Each grantee under subsection 
                (b) shall annually prepare and submit to the 
                Secretary a report documenting the grantee's 
                use of funds for activities described in 
                clauses (i) through (v) of subparagraph (A).
  (d) Project Description.--Whenever a grantee conducts a 
project within a planning and service area and the local 
workforce development board in a State, such grantee shall 
conduct such project in consultation with the area agency on 
aging of the planning and service area and shall submit to the 
State agency, the local workforce development board, and the 
area agency on aging a description of such project to be 
conducted in the State, including the location of the project, 
90 days prior to undertaking the project, for review and public 
comment according to guidelines the Secretary shall issue to 
assure efficient and effective coordination of projects under 
this title.
  (e) Pilot, Demonstration, and Evaluation Projects.--
          (1) In general.--The Secretary, in addition to 
        exercising any other authority contained in this title, 
        shall use funds reserved under section 506(a)(1) to 
        carry out demonstration projects, pilot projects, and 
        evaluation projects, for the purpose of developing and 
        implementing techniques and approaches, and 
        demonstrating the effectiveness of the techniques and 
        approaches, in addressing the employment and training 
        needs of eligible individuals. The Secretary shall 
        enter into such agreements with States, public 
        agencies, nonprofit private organizations, or private 
        business concerns, as may be necessary, to conduct the 
        projects authorized by this subsection. To the extent 
        practicable, the Secretary shall provide an 
        opportunity, prior to the development of a 
        demonstration or pilot project, for the appropriate 
        area agency on aging to submit comments on such a 
        project in order to ensure coordination of activities 
        under this title.
          (2) Projects.--Such projects may include--
                  (A) activities linking businesses and 
                eligible individuals, including activities 
                providing assistance to participants 
                transitioning from subsidized activities to 
                private sector employment;
                  (B) demonstration projects and pilot projects 
                designed to--
                          (i) attract more eligible individuals 
                        into the labor force;
                          (ii) improve the provision of 
                        services to eligible individuals under 
                        one-stop delivery systems established 
                        under section 121(e) of the Workforce 
                        Innovation and Opportunity Act;
                          (iii) enhance the technological 
                        skills of eligible individuals; [and]
                          (iv) provide incentives to grantees 
                        under this title for exemplary 
                        performance and incentives to 
                        businesses to promote their 
                        participation in the program under this 
                        title; and
                          (v) attract, retain, and advance the 
                        direct care workforce, in consultation 
                        with the Assistant Secretary, providing 
                        for wages and benefits needed to reduce 
                        barriers to entry for a diverse and 
                        high-quality direct care workforce, 
                        supportive services and career 
                        planning, and paid on-the-job training 
                        or work-based learning, with 
                        appropriate safety training;
                  (C) demonstration projects and pilot 
                projects, as described in subparagraph (B), for 
                workers who are older individuals (but targeted 
                to eligible individuals) only if such 
                demonstration projects and pilot projects are 
                designed to assist in developing and 
                implementing techniques and approaches in 
                addressing the employment and training needs of 
                eligible individuals;
                  (D) provision of training and technical 
                assistance to support any project funded under 
                this title;
                  (E) dissemination of best practices relating 
                to employment of eligible individuals; and
                  (F) evaluation of the activities authorized 
                under this title.
          (3) Consultation.--To the extent practicable, 
        entities carrying out projects under this subsection 
        shall consult with appropriate area agencies on aging, 
        with the State workforce development board and local 
        workforce development board, and with other appropriate 
        agencies and entities to promote coordination of 
        activities under this title.

SEC. 503. ADMINISTRATION.

  (a) State Plan.--
          (1) Governor.--For a State to be eligible to receive 
        an allotment under section 506, the Governor of the 
        State shall submit to the Secretary for consideration 
        and approval, a single State plan (referred to in this 
        title as the ``State plan'') that outlines a 4-year 
        strategy for the statewide provision of community 
        service employment and other authorized activities for 
        eligible individuals under this title. The plan shall 
        contain such provisions as the Secretary may require, 
        consistent with this title, including a description of 
        the process used to ensure the participation of 
        individuals described in paragraph (2). Not less often 
        than every 2 years, the Governor shall review the State 
        plan and submit an update to the State plan to the 
        Secretary for consideration and approval.
          (2) Recommendations.--In developing the State plan 
        prior to its submission to the Secretary, the Governor 
        shall seek the advice and recommendations of--
                  (A) individuals representing the State agency 
                and the area agencies on aging in the State, 
                and the State and local workforce development 
                boards established under title I of the 
                Workforce Innovation and Opportunity Act;
                  (B) individuals representing public and 
                nonprofit private agencies and organizations 
                providing employment services, including each 
                grantee operating a project under this title in 
                the State; and
                  (C) individuals representing social service 
                organizations providing services to older 
                individuals, grantees under title III of this 
                Act, affected communities, unemployed older 
                individuals, community-based organizations 
                serving the needs of older individuals, 
                business organizations, and labor 
                organizations.
          (3) Comments.--Any State plan submitted by the 
        Governor in accordance with paragraph (1) shall be 
        accompanied by copies of public comments relating to 
        the plan received pursuant to paragraph (8), and a 
        summary of the comments.
          (4) Plan provisions.--The State plan shall identify 
        and address--
                  (A) the relationship that the number of 
                eligible individuals in each area bears to the 
                total number of eligible individuals, 
                respectively, in the State;
                  (B) the relative distribution of eligible 
                individuals residing in rural and urban areas 
                in the State; and
                  (C) the relative distribution of--
                          (i) eligible individuals who are 
                        individuals with greatest economic 
                        need;
                          (ii) eligible individuals who are 
                        minority individuals;
                          (iii) eligible individuals who are 
                        limited English proficient; [and]
                          (iv) eligible individuals who are 
                        individuals with greatest social need; 
                        and
                          (v) eligible individuals who have 
                        been incarcerated or are under 
                        supervision following the release from 
                        prison or jail within the last 5 years;
                  (D) the current and projected employment 
                opportunities in the State (such as by 
                providing information available under section 
                15 of the Wagner-Peyser Act (29 U.S.C. 49l-2) 
                by occupation), and the type of skills 
                possessed by local eligible individuals;
                  (E) the localities and populations for which 
                projects of the type authorized by this title 
                are most needed; and
                  (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.
          (5) Governor's recommendations.--Before a proposal 
        for a grant under this title for any fiscal year is 
        submitted to the Secretary, the Governor of the State 
        in which projects are proposed to be conducted under 
        such grant shall be afforded a reasonable opportunity 
        to submit to the Secretary--
                  (A) recommendations regarding the anticipated 
                effect of each such proposal upon the overall 
                distribution of enrollment positions under this 
                title in the State (including such distribution 
                among urban and rural areas), taking into 
                account the total number of positions to be 
                provided by all grantees in the State;
                  (B) any recommendations for redistribution of 
                positions to underserved areas as vacancies 
                occur in previously encumbered positions in 
                other areas; and
                  (C) in the case of any increase in funding 
                that may be available for use in the State 
                under this title for the fiscal year, any 
                recommendations for distribution of newly 
                available positions in excess of those 
                available during the preceding year to 
                underserved areas.
          (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.
          (7) Disruptions.--In developing a plan or considering 
        a recommendation under this subsection, the Governor 
        shall avoid disruptions in the provision of services 
        for participants to the greatest possible extent.
          (8) Determination; review.--
                  (A) Determination.--In order to effectively 
                carry out this title, each State shall make the 
                State plan available for public comment. The 
                Secretary, in consultation with the Assistant 
                Secretary, shall review the plan and make a 
                written determination with findings and a 
                decision regarding the plan.
                  (B) Review.--The Secretary may review, on the 
                Secretary's own initiative or at the request of 
                any public or private agency or organization or 
                of any agency of the State, the distribution of 
                projects and services under this title in the 
                State, including the distribution between urban 
                and rural areas in the State. For each proposed 
                reallocation of projects or services in a 
                State, the Secretary shall give notice and 
                opportunity for public comment.
          (9) Exemption.--The grantees that serve eligible 
        individuals who are older Indians or Pacific Island and 
        Asian Americans with funds reserved under section 
        506(a)(3) may not be required to participate in the 
        State planning processes described in this section but 
        shall collaborate with the Secretary to develop a plan 
        for projects and services to eligible individuals who 
        are Indians or Pacific Island and Asian Americans, 
        respectively.
  (b) Coordination With Other Federal Programs.--
          (1) In general.--The Secretary and the Assistant 
        Secretary shall coordinate the program carried out 
        under this title with programs carried out under other 
        titles of this Act, to increase employment 
        opportunities available to older individuals.
          (2) Programs.--
                  (A) In general.--The Secretary shall 
                coordinate programs carried out under this 
                title with the program carried out under the 
                Workforce Innovation and Opportunity Act, the 
                Community Services Block Grant Act (42 U.S.C. 
                9901 et seq.), the Rehabilitation Act of 1973 
                (29 U.S.C. 701 et seq.), the Carl D. Perkins 
                Career and Technical Education Act of 2006 (20 
                U.S.C. 2301 et seq.), the National and 
                Community Service Act of 1990 (42 U.S.C. 12501 
                et seq.), and the Domestic Volunteer Service 
                Act of 1973 (42 U.S.C. 4950 et seq.). The 
                Secretary shall coordinate the administration 
                of this title with the administration of other 
                titles of this Act by the Assistant Secretary 
                to increase the likelihood that eligible 
                individuals for whom employment opportunities 
                under this title are available and who need 
                services under such titles receive such 
                services.
                  (B) Use of funds.--
                          (i) Prohibition.--Funds appropriated 
                        to carry out this title may not be used 
                        to carry out any program under the 
                        Workforce Innovation and Opportunity 
                        Act, the Community Services Block Grant 
                        Act, the Rehabilitation Act of 1973, 
                        the Carl D. Perkins Career and 
                        Technical Education Act of 2006, the 
                        National and Community Service Act of 
                        1990, or the Domestic Volunteer Service 
                        Act of 1973.
                          (ii) Joint activities.--Clause (i) 
                        shall not be construed to prohibit 
                        carrying out projects under this title 
                        jointly with programs, projects, or 
                        activities under any Act specified in 
                        clause (i), or from carrying out 
                        section 511.
          (3) Informational materials on age discrimination.--
        The Secretary shall distribute to grantees under this 
        title, for distribution to program participants, and at 
        no cost to grantees or participants, informational 
        materials developed and supplied by the Equal 
        Employment Opportunity Commission and other appropriate 
        Federal agencies that the Secretary determines are 
        designed to help participants identify age 
        discrimination and to understand their rights under the 
        Age Discrimination in Employment Act of 1967 (29 U.S.C. 
        621 et seq.).
  (c) Use of Services, Equipment, Personnel, and Facilities.--
In carrying out this title, the Secretary may use the services, 
equipment, personnel, and facilities of Federal and other 
agencies, with their consent, with or without reimbursement, 
and on a similar basis cooperate with other public and 
nonprofit private agencies and organizations in the use of 
services, equipment, and facilities.
  (d) Payments.--Payments under this title may be made in 
advance or by way of reimbursement and in such installments as 
the Secretary may determine.
  (e) No Delegation of Functions.--The Secretary shall not 
delegate any function of the Secretary under this title to any 
other Federal officer or entity.
  (f) Compliance.--
          (1) Monitoring.--The Secretary shall monitor projects 
        for which grants are made under this title to determine 
        whether the grantees are complying with rules and 
        regulations issued to carry out this title (including 
        the statewide planning, consultation, and coordination 
        requirements of this title).
          (2) Compliance with uniform cost principles and 
        administrative requirements.--Each grantee that 
        receives funds under this title shall comply with the 
        applicable uniform cost principles and appropriate 
        administrative requirements for grants and contracts 
        that are applicable to the type of entity that receives 
        funds, as issued as circulars or rules of the Office of 
        Management and Budget.
          (3) Reports.--Each grantee described in paragraph (2) 
        shall prepare and submit a report in such manner and 
        containing such information as the Secretary may 
        require regarding activities carried out under this 
        title.
          (4) Records.--Each grantee described in paragraph (2) 
        shall keep records that--
                  (A) are sufficient to permit the preparation 
                of reports required by this title;
                  (B) are sufficient to permit the tracing of 
                funds to a level of expenditure adequate to 
                ensure that the funds have not been spent 
                unlawfully; and
                  (C) contain any other information that the 
                Secretary determines to be appropriate.
  (g) Evaluations.--The Secretary shall establish by rule and 
implement a process to evaluate, in accordance with section 
513, the performance of projects carried out and services 
provided under this title. The Secretary shall report to 
Congress, and make available to the public, the results of each 
such evaluation and shall use such evaluation to improve 
services delivered by, or the operation of, projects carried 
out under this title.

           *       *       *       *       *       *       *


SEC. 514. COMPETITIVE REQUIREMENTS RELATING TO GRANT AWARDS.

  (a) Program Authorized.--
          (1) Initial approval of grant applications.--From the 
        funds available for national grants under section 
        506(d), the Secretary shall award grants under section 
        502(b) to eligible applicants, through a competitive 
        process that emphasizes meeting performance 
        requirements, to carry out projects under this title 
        for a period of 4 years, except as provided in 
        paragraph (2). The Secretary may not conduct a grant 
        competition under this title until the day described in 
        section 513(e).
          (2) Continuation of approval based on performance.--
        If the recipient of a grant made under paragraph (1) 
        meets the expected levels of performance described in 
        section 513(d)(2)(A) for each year of such 4-year 
        period with respect to a project, the Secretary may 
        award a grant under section 502(b) to such recipient to 
        continue such project beyond such 4-year period for 1 
        additional year without regard to such process.
  (b) Eligible Applicants.--An applicant shall be eligible to 
receive a grant under section 502(b) in accordance with 
subsections (a), (c), and (d).
  (c) Criteria.--For purposes of subsection (a)(1), the 
Secretary shall select the eligible applicants to receive 
grants based on the following:
          (1) The applicant's ability to administer a project 
        that serves the greatest number of eligible 
        individuals, giving particular consideration to 
        individuals with greatest economic need, individuals 
        with greatest social need, and individuals described in 
        subsection (a)(3)(B)(ii) or (b)(2) of section 518.
          (2) The applicant's ability to administer a project 
        that provides employment for eligible individuals in 
        the communities in which such individuals reside, or in 
        nearby communities, that will contribute to the general 
        welfare of the communities involved.
          (3) The applicant's ability to administer a project 
        that moves eligible individuals into unsubsidized 
        employment.
          (4) The applicant's prior performance, if any, in 
        meeting core measures of performance under this title 
        and the applicant's ability to address core indicators 
        of performance under this title and under other Federal 
        or State programs in the case of an applicant that has 
        not previously received a grant under this title.
          (5) The applicant's ability to move individuals with 
        multiple barriers to employment, including individuals 
        described in subsection (a)(3)(B)(ii) or (b)(2) of 
        section 518, into unsubsidized employment.
          (6) The applicant's ability to coordinate activities 
        with other organizations at the State and local level.
          (7) The applicant's plan for fiscal management of the 
        project to be administered with funds received in 
        accordance with this section.
          (8) The applicant's ability to administer a project 
        that provides community service.
          (9) The applicant's ability to minimize disruption in 
        services for participants and in community services 
        provided.
          (10) Any additional criteria that the Secretary 
        considers to be appropriate in order to minimize 
        disruption in services for participants.
  (d) Responsibility Tests.--
          (1) In general.--Before final selection of a grantee, 
        the Secretary shall conduct a review of available 
        records to assess the applicant's overall 
        responsibility to administer Federal funds.
          (2) Review.--As part of the review described in 
        paragraph (1), the Secretary may consider any 
        information, including the applicant's history with 
        regard to the management of other grants.
          (3) Failure to satisfy test.--The failure to satisfy 
        a responsibility test with respect to any 1 factor that 
        is listed in paragraph (4), excluding those listed in 
        subparagraphs (A) and (B) of such paragraph, does not 
        establish that the applicant is not responsible unless 
        such failure is substantial or persists for 2 or more 
        consecutive years.
          (4) Test.--The responsibility tests include review of 
        the following factors:
                  (A) Unsuccessful efforts by the applicant to 
                recover debts, after 3 demand letters have been 
                sent, that are established by final agency 
                action, or a failure to comply with an approved 
                repayment plan.
                  (B) Established fraud or criminal activity of 
                a significant nature within the organization or 
                agency involved.
                  (C) Serious administrative deficiencies 
                identified by the Secretary, such as failure to 
                maintain a financial management system as 
                required by Federal rules or regulations.
                  (D) Willful obstruction of the audit process.
                  (E) Failure to provide services to 
                participants for a current or recent grant or 
                to meet applicable core measures of performance 
                or address applicable indicators of 
                performance.
                  (F) Failure to correct deficiencies brought 
                to the grantee's attention in writing as a 
                result of monitoring activities, reviews, 
                assessments, or other activities.
                  (G) Failure to return a grant closeout 
                package or outstanding advances within 90 days 
                of the grant expiration date or receipt of the 
                closeout package, whichever is later, unless an 
                extension has been requested and granted.
                  (H) Failure to submit required reports.
                  (I) Failure to properly report and dispose of 
                Government property as instructed by the 
                Secretary.
                  (J) Failure to have maintained effective cash 
                management or cost controls resulting in excess 
                cash on hand.
                  (K) Failure to ensure that a subrecipient 
                complies with its Office of Management and 
                Budget Circular A-133 audit requirements 
                specified at section 667.200(b) of title 20, 
                Code of Federal Regulations.
                  (L) Failure to audit a subrecipient within 
                the required period.
                  (M) Final disallowed costs in excess of 5 
                percent of the grant or contract award if, in 
                the judgment of the grant officer, the 
                disallowances are egregious.
                  (N) Failure to establish a mechanism to 
                resolve a subrecipient's audit in a timely 
                fashion.
          (5) Determination.--Applicants that are determined to 
        be not responsible shall not be selected as grantees.
          (6) Disallowed costs.--Interest on disallowed costs 
        shall accrue in accordance with the Debt Collection 
        Improvement Act of 1996, including the amendments made 
        by that Act.
  (e) Grantees Serving Individuals With Barriers to 
Employment.--
          (1) Definition.--In this subsection, the term 
        ``individuals with barriers to employment'' means 
        minority individuals, Indian individuals, individuals 
        with greatest economic need, older individuals who have 
        been incarcerated or are under supervision following 
        the release from prison or jail, and individuals 
        described in subsection (a)(3)(B)(ii) or (b)(2) of 
        section 518.
          (2) Special consideration.--In areas where a 
        substantial population of individuals with barriers to 
        employment exists, a grantee that receives a national 
        grant in accordance with this section shall, in 
        selecting subgrantees, give special consideration to 
        organizations (including former recipients of such 
        national grants) with demonstrated expertise in serving 
        individuals with barriers to employment.
  (f) Minority-Serving Grantees.--The Secretary may not 
promulgate rules or regulations affecting grantees in areas 
where a substantial population of minority individuals exists, 
that would significantly compromise the ability of the grantees 
to serve their targeted population of minority older 
individuals.

           *       *       *       *       *       *       *


SEC. 517. AUTHORIZATION OF APPROPRIATIONS.

  [(a) In General.--There are authorized to be appropriated to 
carry out this title $445,189,405 for fiscal year 2017, 
$454,499,494 for fiscal year 2018, and $463,809,605 for fiscal 
year 2019.]
  (a) In General.--There are authorized to be appropriated to 
carry out this title $429,020,486 for fiscal year 2020, 
$454,761,715 for fiscal year 2021, $482,047,418 for fiscal year 
2022, $510,970,263 for fiscal year 2023, and $541,628,478 for 
fiscal year 2024.
  (b) Obligation.--Amounts appropriated under this section for 
any fiscal year shall be available for Federal obligation 
during the annual period that begins on April 1 of the calendar 
year immediately following the beginning of such fiscal year 
and that ends on June 30 of the following calendar year. 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. The Secretary may extend the period during which such 
amounts may be obligated or expended in the case of a 
particular organization or agency that receives funds under 
this title if the Secretary determines that such extension is 
necessary to ensure the effective use of such funds by such 
organization or agency.
  (c) Recapturing Funds.--At the end of the program year, the 
Secretary may recapture any unexpended funds for the program 
year, and reobligate such funds within the 2 succeeding program 
years for--
          (1) incentive grants to entities that are State 
        grantees or national grantees under section 502(b);
          (2) technical assistance; or
          (3) grants or contracts for any other activity under 
        this title.

SEC. 518. DEFINITIONS AND RULE.

  (a) Definitions.--For purposes of this title:
          (1) Community service.--The term ``community 
        service'' means--
                  (A) social, health, welfare, and educational 
                services (including literacy tutoring), legal 
                and other counseling services and assistance, 
                including tax counseling and assistance and 
                financial counseling, and library, 
                recreational, and other similar services;
                  (B) conservation, maintenance, or restoration 
                of natural resources;
                  (C) community betterment or beautification;
                  (D) antipollution and environmental quality 
                efforts;
                  (E) weatherization activities;
                  (F) economic development; and
                  (G) such other services essential and 
                necessary to the community as the Secretary 
                determines by rule to be appropriate.
          (2) Community service employment.--The term 
        ``community service employment'' means part-time, 
        temporary employment paid with grant funds in projects 
        described in section 502(b)(1)(D), through which 
        eligible individuals are engaged in community service 
        and receive work experience and job skills that can 
        lead to unsubsidized employment.
          (3) Eligible individual.--
                  (A) In general.--The term ``eligible 
                individual'' means an individual who is age 55 
                or older and who has a low income (including 
                any such individual whose income is not more 
                than 125 percent of the poverty line), 
                excluding any income that is unemployment 
                compensation, a benefit received under title 
                XVI of the Social Security Act (42 U.S.C. 1381 
                et seq.), a payment made to or on behalf of 
                veterans or former members of the Armed Forces 
                under the laws administered by the Secretary of 
                Veterans Affairs, or 25 percent of a benefit 
                received under title II of the Social Security 
                Act (42 U.S.C. 401 et seq.), subject to 
                subsection (b).
                  (B) Participation.--
                          (i) Exclusion.--Notwithstanding any 
                        other provision of this paragraph, the 
                        term ``eligible individual'' does not 
                        include an individual who has 
                        participated in projects under this 
                        title for a period of 48 months in the 
                        aggregate (whether or not consecutive) 
                        after July 1, 2007, unless the period 
                        was increased as described in clause 
                        (ii).
                          (ii) Increased periods of 
                        participation.--The Secretary shall 
                        authorize a grantee for a project to 
                        increase the period of participation 
                        described in clause (i), pursuant to a 
                        request submitted by the grantee, for 
                        individuals who--
                                  (I) have a severe disability;
                                  (II) are frail or are age 75 
                                or older;
                                  (III) meet the eligibility 
                                requirements related to age 
                                for, but do not receive, 
                                benefits under title II of the 
                                Social Security Act (42 U.S.C. 
                                401 et seq.);
                                  (IV) live in an area with 
                                persistent unemployment and are 
                                individuals with severely 
                                limited employment prospects; 
                                [or]
                                  (V) have limited English 
                                proficiency or low literacy 
                                skills[.]; or
                                  (VI) have been incarcerated 
                                or are under supervision 
                                following the release from 
                                prison or jail within the last 
                                5 years.
          (4) Income.--In this section, the term ``income'' 
        means income received during the 12-month period (or, 
        at the option of the grantee involved, the annualized 
        income for the 6-month period) ending on the date an 
        eligible individual submits an application to 
        participate in a project carried out under this title 
        by such grantee.
          (5) 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).
          (6) Pacific island and asian americans.--The term 
        ``Pacific Island and Asian Americans'' means Americans 
        having origins in any of the original peoples of the 
        Far East, Southeast Asia, the Indian Subcontinent, or 
        the Pacific Islands.
          (7) Program.--The term ``program'' means the older 
        American community service employment program 
        established under this title.
          (8) Supportive services.--The term ``supportive 
        services'' means services, such as transportation, 
        child care, dependent care, housing, and needs-related 
        payments, that are necessary to enable an individual to 
        participate in activities authorized under this title, 
        consistent with the provisions of this title.
          (9) Unemployed.--The term ``unemployed'', used with 
        respect to a person or individual, means an individual 
        who is without a job and who wants and is available for 
        work, including an individual who may have occasional 
        employment that does not result in a constant source of 
        income.
  (b) Rule.--Pursuant to regulations prescribed by the 
Secretary, an eligible individual shall have priority for the 
community service employment and other authorized activities 
provided under this title if the individual--
          (1) is 65 years of age or older; or
          (2)(A) has a disability;
          (B) has limited English proficiency or low literacy 
        skills;
          (C) resides in a rural area;
          (D) is a veteran;
          (E) has low employment prospects;
          (F) has failed to find employment after utilizing 
        services provided under title I of the Workforce 
        Innovation and Opportunity Act; [or]
          (G) is homeless or at risk for homelessness[.]; or
          (H) has been incarcerated or is under supervision 
        following the release from prison or jail within the 
        last 5 years.

TITLE VI--GRANTS FOR NATIVE AMERICANS

           *       *       *       *       *       *       *


                         Part A--Indian Program

                                findings

  Sec. 611. [(a)] The Congress finds that the older individuals 
who are Indians of the United States--
          (1) are a rapidly increasing population;
          (2) suffer from high unemployment;
          (3) live in poverty at a rate estimated to be as high 
        as 61 percent;
          (4) have a life expectancy between 3 and 4 years less 
        than the general population;
          (5) lack sufficient nursing homes, other long-term 
        care facilities, and other health care facilities;
          (6) lack sufficient Indian area agencies on aging;
          (7) frequently live in substandard and over-crowded 
        housing;
          (8) receive less than adequate health care;
          (9) are served under this title at a rate of less 
        than 19 percent of the total national population of 
        older individuals who are Indians living on Indian 
        reservations; and
          (10) are served under title III at a rate of less 
        than 1 percent of the total participants under that 
        title.

           *       *       *       *       *       *       *


                              applications

  Sec. 614. (a) No grant may be made under this part unless the 
eligible tribal organization submits an application to the 
Assistant Secretary which meets such criteria as the Assistant 
Secretary may by regulation prescribe. Each such application 
shall--
          (1) provide that the eligible tribal organization 
        will evaluate the need for supportive and nutrition 
        services among older individuals who are Indians to be 
        represented by the tribal organizations;
          (2) provide for the use of such methods of 
        administration as are necessary for the proper and 
        efficient administration of the program to be assisted;
          (3) provide that the tribal organization will make 
        such reports in such form and containing such 
        information, as the Assistant Secretary may reasonably 
        require, and comply with such requirements as the 
        Assistant Secretary may impose to assure the 
        correctness of such reports;
          (4) provide for periodic evaluation of activities and 
        projects carried out under the application;
          (5) establish objectives consistent with the purposes 
        of this part toward which activities under the 
        application will be directed, identify obstacles to the 
        attainment of such objectives, and indicate the manner 
        in which the tribal organization proposes to overcome 
        such obstacles;
          (6) provide for establishing and maintaining 
        information and assistance services to assure that 
        older individuals who are Indians to be served by the 
        assistance made available under this part will have 
        reasonably convenient access to such services;
          (7) provide a preference for older individuals who 
        are Indians for full or part-time staff positions 
        whenever feasible;
          (8) provide assistance that either directly or by way 
        of grant or contract with appropriate entities 
        nutrition services will be delivered to older 
        individuals who are Indians represented by the tribal 
        organization substantially in compliance with the 
        provisions of part C of title III, except that in any 
        case in which the need for nutritional services for 
        older individuals who are Indians represented by the 
        tribal organization is already met from other sources, 
        the tribal organization may use the funds otherwise 
        required to be expended under this paragraph for 
        supportive services;
          (9) provide that any legal or ombudsman services made 
        available to older individuals who are Indians 
        represented by the tribal organization will be 
        substantially in compliance with the provisions of 
        title III relating to the furnishing of similar 
        services;
          (10) provide satisfactory assurance that fiscal 
        control and fund accounting procedures will be adopted 
        as may be necessary to assure proper disbursement of, 
        and accounting for, Federal funds paid under this part 
        to the tribal organization, including any funds paid by 
        the tribal organization to a recipient of a grant or 
        contract; and
          (11) contain assurances that the tribal organization 
        will coordinate services provided under this part with 
        services provided under title III in the same 
        geographical area.
  (b) For the purpose of any application submitted under this 
part, the tribal organization may develop its own population 
statistics, with approval from the Bureau of Indian Affairs, in 
order to establish eligibility.
  (c)(1) The Assistant Secretary shall approve any application 
which complies with the provisions of subsection (a).
  (2) The Assistant Secretary shall provide waivers and 
exemptions of the reporting requirements of subsection (a)(3) 
for applicants that serve Indian populations in geographically 
isolated areas, or applicants that serve small Indian 
populations, where the small scale of the project, the nature 
of the applicant, or other factors make the reporting 
requirements unreasonable under the circumstances. The 
Assistant Secretary shall consult with such applicants in 
establishing appropriate waivers and exemptions.
  (3) The Assistant Secretary shall approve any application 
that complies with the provisions of subsection (a), except 
that in determining whether an application complies with the 
requirements of subsection (a)(8), the Assistant Secretary 
shall provide maximum flexibility to an applicant that seeks to 
take into account subsistence needs, local customs, and other 
characteristics that are appropriate to the unique cultural, 
regional, and geographic needs of the Indian populations to be 
served.
  (4) In determining whether an application complies with the 
requirements of subsection [(a)(12)] (a)(11), the Assistant 
Secretary shall require only that an applicant provide an 
appropriate narrative description of the geographic area to be 
served and an assurance that procedures will be adopted to 
ensure against duplicate services being provided to the same 
recipients.
  (d) Whenever the Assistant Secretary determines not to 
approve an application submitted under subsection (a) the 
Assistant Secretary shall--
          (1) state objections in writing to the tribal 
        organization within 60 days after such decision;
          (2) provide to the extent practicable technical 
        assistance to the tribal organization to overcome such 
        stated objections; and
          (3) provide the tribal organization with a hearing, 
        under such rules and regulations as the Assistant 
        Secretary may prescribe.
  (e) Whenever the Assistant Secretary approves an application 
of a tribal organization under this part, funds shall be 
awarded for not less than 12 months.

           *       *       *       *       *       *       *


     PART D--SUPPORTIVE SERVICES FOR HEALTHY AGING AND INDEPENDENCE

SEC. 636. PROGRAM.

  (a) In General.--The Assistant Secretary shall carry out a 
demonstration program for making grants to tribal or Native 
Hawaiian organizations with applications approved under parts A 
and B, to pay for the Federal share of carrying out programs, 
to enable the organizations to provide a wider range of in-home 
and community supportive services to enable older individuals 
to maintain their health and independence and to avoid long-
term care facility placement.
  (b) Supportive Services.--
          (1) In general.--Subject to paragraph (2), supportive 
        services described in subsection (a) may include any of 
        the activities described in section 321(a).
          (2) Priority.--The Assistant Secretary, in making 
        grants under this section, shall give priority to 
        organizations that will use the grant funds for 
        supportive services described in subsection (a) that 
        are for in-home assistance, transportation, information 
        and referral, case management, health and wellness 
        programs, legal services, family caregiver support 
        services, and other services that directly support the 
        independence of the older individuals served.

                     Part [D] E--General Provisions

                             administration

  Sec. 641. In establishing regulations for the purpose of part 
A the Assistant Secretary shall consult with the Secretary of 
the Interior.

                                payments

  Sec. 642. Payments may be made under this title (after 
necessary adjustments, in the case of grants, on account of 
previously made overpayments or underpayments) in advance or by 
way of reimbursement in such installments and on such 
conditions as the Assistant Secretary may determine.

[SEC. 643. AUTHORIZATION OF APPROPRIATIONS.

   [There are authorized to be appropriated to carry out this 
title--
          [(1) for parts A and B, $31,934,018 for fiscal year 
        2017, $32,601,843 for fiscal year 2018, and $33,269,670 
        for fiscal year 2019; and
          [(2) for part C, $6,500,000 for fiscal year 2007, 
        $6,800,000 for fiscal year 2008, $7,200,000 for fiscal 
        year 2009, $7,500,000 for fiscal year 2010, and 
        $7,900,000 for fiscal year 2011.]

SEC. 643. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated to carry out this 
title--
          (1) for parts A and B, $38,524,324 for fiscal year 
        2020, $40,835,783 for fiscal year 2021, $43,285,930 for 
        fiscal year 2022, $45,883,086 for fiscal year 2023, and 
        $48,636,071 for fiscal year 2024; and
          (2) for part C subject to section 644, $10,785,575 
        for fiscal year 2020, $11,432,710 for fiscal year 2021, 
        $12,118,672 for fiscal year 2022, $12,845,792 for 
        fiscal year 2023, and $13,616,540 for fiscal year 2024.

SEC. 644. FUNDING SET ASIDE.

  Of the funds appropriated under section 643(1) for a fiscal 
year, 5 percent shall be made available to carry out part D for 
such fiscal year.

TITLE VII--ALLOTMENTS FOR VULNERABLE ELDER RIGHTS PROTECTION ACTIVITIES

                      Subtitle A--State Provisions

CHAPTER 1--GENERAL STATE PROVISIONS

           *       *       *       *       *       *       *


[SEC. 702. AUTHORIZATION OF APPROPRIATIONS.

  [(a) Ombudsman Program.--There are authorized to be 
appropriated to carry out chapter 2, $16,280,630 for fiscal 
year 2017, $16,621,101 for fiscal year 2018, and $16,961,573 
for fiscal year 2019.
  [(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.]

SEC. 702. AUTHORIZATION OF APPROPRIATIONS.

  (a) Ombudsman Program.--There are authorized to be 
appropriated to carry out chapter 2, $18,110,027 for fiscal 
year 2020, $19,196,629 for fiscal year 2021, $20,348,427 for 
fiscal year 2022, $21,569,332 for fiscal year 2023, and 
$22,863,492 for fiscal year 2024.
  (b) Other Programs.--There are authorized to be appropriated 
to carry out chapters 3 and 4, $5,119,287 for fiscal year 2020, 
$5,426,444 for fiscal year 2021, $5,752,031 for fiscal year 
2022, $6,097,153 for fiscal year 2023, and $6,462,982 for 
fiscal year 2024.

           *       *       *       *       *       *       *


                     CHAPTER 2--OMBUDSMAN PROGRAMS

SEC. 711. DEFINITIONS.

   As used in this chapter:
          (1) Office.--The term ``Office'' means the office 
        established in section 712(a)(1)(A).
          (2) Ombudsman.--The term ``Ombudsman'' means the 
        individual described in section 712(a)(2).
          (3) Local ombudsman entity.--The term ``local 
        Ombudsman entity'' means an entity designated under 
        section 712(a)(5)(A) to carry out the duties described 
        in section 712(a)(5)(B) with respect to a planning and 
        service area or other substate area.
          (4) Program.--The term ``program'' means the State 
        Long-Term Care Ombudsman program established in section 
        712(a)(1)(B).
          (5) Representative.--The term ``representative'' 
        includes an employee or volunteer who represents an 
        entity designated under section 712(a)(5)(A) and who is 
        individually designated by the Ombudsman.
          (6) Resident.--The term ``resident'' means an 
        individual of any age who resides in a long-term care 
        facility.

           *       *       *       *       *       *       *


SEC. 712. STATE LONG-TERM CARE OMBUDSMAN PROGRAM.

  (a) Establishment.--
          (1) In general.--In order to be eligible to receive 
        an allotment under section 703 from funds appropriated 
        under section 702 and made available to carry out this 
        chapter, a State agency shall, in accordance with this 
        section--
                  (A) establish and operate an Office of the 
                State Long-Term Care Ombudsman; and
                  (B) carry out through the Office a State 
                Long-Term Care Ombudsman program.
          (2) Ombudsman.--The Office shall be headed by an 
        individual, to be known as the State Long-Term Care 
        Ombudsman, who shall be selected from among individuals 
        with expertise and experience in the fields of long-
        term care and advocacy. The Ombudsman shall be 
        responsible for the management, including the fiscal 
        management, of the Office.
          (3) Functions.--The Ombudsman shall serve on a full-
        time basis, and shall, personally or through 
        representatives of the Office--
                  (A) identify, investigate, and resolve 
                complaints that--
                          (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) relate to action, inaction, or 
                        decisions, that may adversely affect 
                        the health, safety, welfare, or rights 
                        of the residents (including the welfare 
                        and rights of the residents with 
                        respect to the appointment and 
                        activities of guardians and 
                        representative payees), of--
                                  (I) providers, or 
                                representatives of providers, 
                                of long-term care services;
                                  (II) public agencies; or
                                  (III) health and social 
                                service agencies;
                  (B) provide services to assist the residents 
                in protecting the health, safety, welfare, and 
                rights of the residents;
                  (C) inform the residents about means of 
                obtaining services provided by providers or 
                agencies described in subparagraph (A)(ii) or 
                services described in subparagraph (B);
                  (D) ensure that the residents have regular, 
                timely, private, and unimpeded access to the 
                services provided through the Office and that 
                the residents and complainants receive timely 
                responses from representatives of the Office to 
                complaints;
                  (E) represent the interests of the residents 
                before governmental agencies and seek 
                administrative, legal, and other remedies to 
                protect the health, safety, welfare, and rights 
                of the residents;
                  (F) provide administrative and technical 
                assistance to entities designated under 
                paragraph (5) to assist the entities in 
                participating in the program;
                  (G)(i) analyze, comment on, and monitor the 
                development and implementation of Federal, 
                State, and local laws, regulations, and other 
                governmental policies and actions, that pertain 
                to the health, safety, welfare, and rights of 
                the residents, with respect to the adequacy of 
                long-term care facilities and services in the 
                State;
                  (ii) recommend any changes in such laws, 
                regulations, policies, and actions as the 
                Office determines to be appropriate; and
                  (iii) facilitate public comment on the laws, 
                regulations, policies, and actions;
                  (H)(i) provide for training representatives 
                of the Office;
                  (ii) promote the development of citizen 
                organizations, to participate in the program; 
                and
                  (iii) provide technical support for, actively 
                encourage, and assist in the development of 
                resident and family councils to protect the 
                well-being and rights of residents;
                  (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
                  (J) carry out such other activities as the 
                Assistant Secretary determines to be 
                appropriate.
          (4) Contracts and arrangements.--
                  (A) In general.--Except as provided in 
                subparagraph (B), the State agency may 
                establish and operate the Office, and carry out 
                the program, directly, or by contract or other 
                arrangement with any public agency or nonprofit 
                private organization.
                  (B) Licensing and certification 
                organizations; associations.--The State agency 
                may not enter into the contract or other 
                arrangement described in subparagraph (A) 
                with--
                          (i) an agency or organization that is 
                        responsible for licensing or certifying 
                        long-term care services in the State; 
                        or
                          (ii) an association (or an affiliate 
                        of such an association) of long-term 
                        care facilities, or of any other 
                        residential facilities for older 
                        individuals.
          (5) Designation of local ombudsman entities and 
        representatives.--
                  (A) Designation.--In carrying out the duties 
                of the Office, the Ombudsman may designate an 
                entity as a local Ombudsman entity, and may 
                designate an employee or volunteer to represent 
                the entity.
                  (B) Duties.--An individual so designated 
                shall, in accordance with the policies and 
                procedures established by the Office and the 
                State agency--
                          (i) provide services to protect the 
                        health, safety, welfare and rights of 
                        residents;
                          (ii) ensure that residents in the 
                        service area of the entity have 
                        regular, timely access to 
                        representatives of the program and 
                        timely responses to complaints and 
                        requests for assistance;
                          (iii) identify, investigate, and 
                        resolve complaints made by or on behalf 
                        of residents that relate to action, 
                        inaction, or decisions, that may 
                        adversely affect the health, safety, 
                        welfare, or rights of the residents;
                          (iv) represent the interests of 
                        residents before government agencies 
                        and seek administrative, legal, and 
                        other remedies to protect the health, 
                        safety, welfare, and rights of the 
                        residents;
                          (v)(I) review, and if necessary, 
                        comment on any existing and proposed 
                        laws, regulations, and other government 
                        policies and actions, that pertain to 
                        the rights and well-being of residents; 
                        and
                          (II) facilitate the ability of the 
                        public to comment on the laws, 
                        regulations, policies, and actions;
                          (vi) support, actively encourage, and 
                        assist in the development of resident 
                        and family councils;
                          (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
                          (viii) carry out other activities 
                        that the Ombudsman determines to be 
                        appropriate.
                  (C) Eligibility for designation.--Entities 
                eligible to be designated as local Ombudsman 
                entities, and individuals eligible to be 
                designated as representatives of such entities, 
                shall--
                          (i) have demonstrated capability to 
                        carry out the responsibilities of the 
                        Office;
                          (ii) be free of conflicts of interest 
                        and not stand to gain financially 
                        through an action or potential action 
                        brought on behalf of individuals the 
                        Ombudsman serves;
                          (iii) in the case of the entities, be 
                        public or nonprofit private entities; 
                        and
                          (iv) meet such additional 
                        requirements as the Ombudsman may 
                        specify.
                  (D) Volunteer ombudsman representatives.--An 
                individual designated as a volunteer ombudsman 
                representative may receive financial support 
                and recognition from the Office of the State 
                Long-Term Care Ombudsman Program for expenses 
                incurred during service.
                  [(D)] (E) Policies and procedures.--
                          (i) In general.--The State agency 
                        shall establish, in accordance with the 
                        Office, policies and procedures for 
                        monitoring local Ombudsman entities 
                        designated to carry out the duties of 
                        the Office.
                          (ii) Policies.--In a case in which 
                        the entities are grantees, or the 
                        representatives are employees, of area 
                        agencies on aging, the State agency 
                        shall develop the policies in 
                        consultation with the area agencies on 
                        aging. The policies shall provide for 
                        participation and comment by the 
                        agencies and for resolution of concerns 
                        with respect to case activity.
                          (iii) Confidentiality and 
                        disclosure.--The State agency shall 
                        develop the policies and procedures in 
                        accordance with all provisions of this 
                        subtitle regarding confidentiality and 
                        conflict of interest.
  (b) Procedures for Access.--
          (1) In general.--The State shall ensure that 
        representatives of the Office shall have--
                  (A) private and unimpeded access to long-term 
                care facilities and residents;
                  (B)(i) appropriate access to review all 
                files, records, and other information 
                concerning a resident, if--
                          (I) the representative has the 
                        permission of the resident, or the 
                        legal representative of the resident; 
                        or
                          (II) the resident is unable to 
                        communicate consent to the review and 
                        has no legal representative; or
                  (ii) access to the files, records, and 
                information as is necessary to investigate a 
                complaint if--
                          (I) a legal guardian of the resident 
                        refuses to give the permission;
                          (II) a representative of the Office 
                        has reasonable cause to believe that 
                        the guardian is not acting in the best 
                        interests of the resident; and
                          (III) the representative obtains the 
                        approval of the Ombudsman;
                  (C) access to the administrative records, 
                policies, and documents, to which the residents 
                have, or the general public has access, of 
                long-term care facilities; and
                  (D) access to and, on request, copies of all 
                licensing and certification records maintained 
                by the State with respect to long-term care 
                facilities.
          (2) Procedures.--The State agency shall establish 
        procedures to ensure the access described in paragraph 
        (1).
          (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.
  (c) Reporting System.--The State agency shall establish a 
statewide uniform reporting system to--
          (1) collect and analyze data relating to complaints 
        and conditions in long-term care facilities and to 
        residents for the purpose of identifying and resolving 
        significant problems; and
          (2) submit the data, on a regular basis, to--
                  (A) the agency of the State responsible for 
                licensing or certifying long-term care 
                facilities in the State;
                  (B) other State and Federal entities that the 
                Ombudsman determines to be appropriate;
                  (C) the Assistant Secretary; and
                  (D) the National Ombudsman Resource Center 
                established in section 202(a)(18).
  (d) Disclosure.--
          (1) In general.--The State agency shall establish 
        procedures for the disclosure by the Ombudsman or local 
        Ombudsman entities of files, records, and other 
        information maintained by the program, including 
        records described in subsection (b)(1) or (c).
          (2) Identity of complainant or resident.--The 
        procedures described in paragraph (1) shall--
                  (A) provide that, subject to subparagraph 
                (B), the files, records, and other information 
                described in paragraph (1) may be disclosed 
                only at the discretion of the Ombudsman (or the 
                person designated by the Ombudsman to disclose 
                the files, records, and other information);
                  (B) prohibit the disclosure of the identity 
                of any complainant or resident with respect to 
                whom the Office maintains such files, records, 
                or other information unless--
                          (i) the complainant or resident, or 
                        the legal representative of the 
                        complainant or resident, consents to 
                        the disclosure and the consent is given 
                        in writing;
                          (ii)(I) the complainant or resident 
                        gives consent orally; and
                          (II) the consent is documented 
                        contemporaneously in a writing made by 
                        a representative of the Office in 
                        accordance with such requirements as 
                        the State agency shall establish; or
                          (iii) the disclosure is required by 
                        court order; and
                  (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).
  (e) Consultation.--In planning and operating the program, the 
State agency shall consider the views of area agencies on 
aging, older individuals, and providers of long-term care.
  (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).
  (g) Legal Counsel.--The State agency shall ensure that--
          (1)(A) adequate legal counsel is available, and is 
        able, without conflict of interest, to--
                  (i) provide advice and consultation needed to 
                protect the health, safety, welfare, and rights 
                of residents; and
                  (ii) assist the Ombudsman and representatives 
                of the Office in the performance of the 
                official duties of the Ombudsman and 
                representatives; and
          (B) legal representation is provided to any 
        representative of the Office against whom suit or other 
        legal action is brought or threatened to be brought in 
        connection with the performance of the official duties 
        of the Ombudsman or such a representative; and
          (2) the Office pursues administrative, legal, and 
        other appropriate remedies on behalf of residents.
  (h) Administration.--The State agency shall require the 
Office to--
          (1) prepare an annual report--
                  (A) describing the activities carried out by 
                the Office in the year for which the report is 
                prepared;
                  (B) containing and analyzing the data 
                collected under subsection (c);
                  (C) evaluating the problems experienced by, 
                and the complaints made by or on behalf of, 
                residents;
                  (D) containing recommendations for--
                          (i) improving quality of the care and 
                        life of the residents; and
                          (ii) protecting the health, safety, 
                        welfare, and rights of the residents;
                  (E)(i) analyzing the success of the program 
                including success in providing services to 
                residents of board and care facilities and 
                other similar adult care facilities; and
                  (ii) identifying barriers that prevent the 
                optimal operation of the program; and
                  (F) providing policy, regulatory, and 
                legislative recommendations to solve identified 
                problems, to resolve the complaints, to improve 
                the quality of care and life of residents, to 
                protect the health, safety, welfare, and rights 
                of residents, and to remove the barriers;
          (2) analyze, comment on, and monitor the development 
        and implementation of Federal, State, and local laws, 
        regulations, and other government policies and actions 
        that pertain to long-term care facilities and services, 
        and to the health, safety, welfare, and rights of 
        residents, in the State, and recommend any changes in 
        such laws, regulations, and policies as the Office 
        determines to be appropriate;
          (3)(A) provide such information as the Office 
        determines to be necessary to public and private 
        agencies, legislators, and other persons, regarding--
                  (i) the problems and concerns of individuals 
                residing in long-term care facilities; and
                  (ii) recommendations related to the problems 
                and concerns; and
          (B) make available to the public, and submit to the 
        Assistant Secretary, the chief executive officer of the 
        State, the State legislature, the State agency 
        responsible for licensing or certifying long-term care 
        facilities, and other appropriate governmental 
        entities, each report prepared under paragraph (1);
          (4) ensure that the Ombudsman or a designee 
        participates in training provided by the National 
        Ombudsman Resource Center established in section 
        202(a)(18);
          (5) strengthen and update proceduresfor the training 
        of the representatives of the Office, including unpaid 
        volunteers, based on model standards established by the 
        Director of the Office of Long-Term Care Ombudsman 
        Programs, in consultation with representatives of 
        citizen groups, long-term care providers, and the 
        Office, that--
                  (A) specify a minimum number of hours of 
                initial training;
                  (B) specify the content of the training, 
                including training relating to--
                          (i) Federal, State, and local laws, 
                        regulations, and policies, with respect 
                        to long-term care facilities in the 
                        State;
                          (ii) investigative techniques; and
                          (iii) such other matters as the State 
                        determines to be appropriate; and
                  (C) specify an annual number of hours of in-
                service training for all designated 
                representatives;
          (6) prohibit any representative of the Office (other 
        than the Ombudsman) from carrying out any activity 
        described in subparagraphs (A) through (G) of 
        subsection (a)(3) unless the representative--
                  (A) has received the training required under 
                paragraph (5); and
                  (B) has been approved by the Ombudsman as 
                qualified to carry out the activity on behalf 
                of the Office;
          (7) coordinate ombudsman services with the protection 
        and advocacy systems for individuals with developmental 
        disabilities and mental illnesses established under--
                  (A) subtitle C of title I of the 
                Developmental Disabilities Assistance and Bill 
                of Rights Act of 2000; and
                  (B) the Protection and Advocacy for Mentally 
                Ill Individuals Act of 1986 (42 U.S.C. 10801 et 
                seq.);
          (8) coordinate, to the greatest extent possible, 
        ombudsman services with legal assistance provided under 
        section 306(a)(2)(C), through adoption of memoranda of 
        understanding and other means;
          (9) coordinate services with State and local law 
        enforcement agencies and courts of competent 
        jurisdiction; and
          (10) permit any local Ombudsman entity to carry out 
        the responsibilities described in paragraph (1), (2), 
        (3), (7), or (8).
  (i) Liability.--The State shall ensure that no representative 
of the Office will be liable under State law for the good faith 
performance of official duties.
  (j) Noninterference.--The State shall--
          (1) ensure that willful interference with 
        representatives of the Office in the performance of the 
        official duties of the representatives (as defined by 
        the Assistant Secretary) shall be unlawful;
          (2) prohibit retaliation and reprisals by a long-term 
        care facility or other entity with respect to any 
        resident, employee, or other person for filing a 
        complaint with, providing information to, or otherwise 
        cooperating with any representative of, the Office; and
          (3) provide for appropriate sanctions with respect to 
        the interference, retaliation, and reprisals.

           *       *       *       *       *       *       *

                              ----------                              


                      RAISE FAMILY CAREGIVERS ACT



           *       *       *       *       *       *       *
SEC. 6. SUNSET PROVISION.

  The authority and obligations established by this Act shall 
terminate on the date that is [3] 4 years after the date of 
enactment of this Act.

           *       *       *       *       *       *       *

                              ----------                              


   SECTION 3 OF THE SUPPORTING GRANDPARENTS RAISING GRANDCHILDREN ACT

SEC. 3. ADVISORY COUNCIL TO SUPPORT GRANDPARENTS RAISING GRANDCHILDREN.

  (a) Establishment.--There is established an Advisory Council 
to Support Grandparents Raising Grandchildren.
  (b) Membership.--
          (1) In general.--The Advisory Council shall be 
        composed of the following members, or their designee:
                  (A) The Secretary of Health and Human 
                Services.
                  (B) The Secretary of Education.
                  (C) The Administrator of the Administration 
                for Community Living.
                  (D) The Director of the Centers for Disease 
                Control and Prevention.
                  (E) The Assistant Secretary for Mental Health 
                and Substance Use.
                  (F) The Assistant Secretary for the 
                Administration for Children and Families.
                  (G) A grandparent raising a grandchild.
                  (H) An older relative caregiver of children.
                  (I) As appropriate, the head of other Federal 
                departments, or agencies, identified by the 
                Secretary of Health and Human Services as 
                having responsibilities, or administering 
                programs, relating to current issues affecting 
                grandparents or other older relatives raising 
                children.
          (2) Lead agency.--The Department of Health and Human 
        Services shall be the lead agency for the Advisory 
        Council.
  (c) Duties.--
          (1) In general.--
                  (A) Information.--The Advisory Council shall 
                identify, promote, coordinate, and disseminate 
                to the public information, resources, and the 
                best practices available to help grandparents 
                and other older relatives--
                          (i) meet the health, educational, 
                        nutritional, and other needs of the 
                        children in their care; and
                          (ii) maintain their own physical and 
                        mental health and emotional well-being.
                  (B) Opioid.--s In carrying out the duties 
                described in subparagraph (A), the Advisory 
                Council shall consider the needs of those 
                affected by the opioid crisis.
                  (C) Native Americans.--In carrying out the 
                duties described in subparagraph (A), the 
                Advisory Council shall consider the needs of 
                members of Native American tribes.
          (2) Report.--
                  (A) In general.--Not later than 180 days 
                after the date of enactment of this Act, the 
                Advisory Council shall submit a report to--
                          (i) the appropriate committees;
                          (ii) the State agencies that are 
                        responsible for carrying out family 
                        caregiver programs; and
                          (iii) the public online in an 
                        accessible format.
                  (B) Report format.--The report shall 
                include--
                          (i) best practices, resources, and 
                        other useful information for 
                        grandparents and other older relatives 
                        raising children identified under 
                        paragraph (1)(A) including, if 
                        applicable, any information related to 
                        the needs of children who have been 
                        impacted by the opioid epidemic;
                          (ii) an identification of any gaps in 
                        items under clause (i); and
                          (iii) where applicable, 
                        identification of any additional 
                        Federal legislative authority necessary 
                        to implement the activities described 
                        in clause (i) and (ii).
          (3) Follow-up report.--Not later than 2 years after 
        the date on which the report required under paragraph 
        (2)(A) is submitted, the Advisory Council shall submit 
        a follow-up report that includes the information 
        identified in paragraph (2)(B) to--
                  (A) the appropriate committees;
                  (B) the State agencies that are responsible 
                for carrying out family caregiver programs; and
                  (C) the public online in an accessible 
                format.
          (4) Public input.--
                  (A) In general.--The Advisory Council shall 
                establish a process for public input to inform 
                the development of, and provide updates to, the 
                best practices, resources, and other 
                information described in paragraph (1) that 
                shall include--
                          (i) outreach to States, local 
                        entities, and organizations that 
                        provide information to, or support for, 
                        grandparents or other older relatives 
                        raising children; and
                          (ii) outreach to grandparents and 
                        other older relatives with experience 
                        raising children.
                  (B) Nature of outreach.--Such outreach shall 
                ask individuals to provide input on--
                          (i) information, resources, and best 
                        practices available, including 
                        identification of any gaps and unmet 
                        needs; and
                          (ii) recommendations that would help 
                        grandparents and other older relatives 
                        better meet the health, educational, 
                        nutritional, and other needs of the 
                        children in their care, as well as 
                        maintain their own physical and mental 
                        health and emotional well-being.
  (d) FACA.--The Advisory Council shall be exempt from the 
requirements of the Federal Advisory Committee Act (5 U.S.C. 
App.).
  (e) Funding.--No additional funds are authorized to be 
appropriated to carry out this Act.
  (f) Sunset.--The Advisory Council shall terminate on the date 
that is [3] 4 years after the date of enactment of this Act.