[114th Congress Public Law 144]
[From the U.S. Government Publishing Office]
[[Page 333]]
OLDER AMERICANS ACT REAUTHORIZATION ACT OF 2016
[[Page 130 STAT. 334]]
Public Law 114-144
114th Congress
An Act
To reauthorize the Older Americans Act of 1965, and for other
purposes. <<NOTE: Apr. 19, 2016 - [S. 192]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Older Americans
Act Reauthorization Act of 2016.>>
SECTION 1. <<NOTE: 42 USC 3001 note.>> SHORT TITLE.
This Act may be cited as the ``Older Americans Act Reauthorization
Act of 2016''.
SEC. 2. DEFINITIONS.
Section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002) is
amended--
(1) by striking paragraph (1) and inserting the following:
``(1) The term `abuse' means the knowing infliction of
physical or psychological harm or the knowing deprivation of
goods or services that are necessary to meet essential needs or
to avoid physical or psychological harm.'';
(2) by striking paragraph (3) and inserting the following:
``(3) The term `adult protective services' means such
services provided to adults as the Secretary may specify and
includes services such as--
``(A) receiving reports of adult abuse, neglect, or
exploitation;
``(B) investigating the reports described in
subparagraph (A);
``(C) case planning, monitoring, evaluation, and
other casework and services; and
``(D) providing, arranging for, or facilitating the
provision of medical, social service, economic, legal,
housing, law enforcement, or other protective,
emergency, or support services.'';
(3) by striking paragraph (4) and inserting the following:
``(4) The term `Aging and Disability Resource Center' means
an entity, network, or consortium established by a State as part
of the State system of long-term care, to provide a coordinated
and integrated system for older individuals and individuals with
disabilities (as defined in section 3 of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12102)), and the caregivers
of older individuals and individuals with disabilities, that
provides--
``(A) comprehensive information on the full range of
available public and private long-term care programs,
options, service providers, and resources within a
community, including information on the availability of
integrated long-term care services, and Federal or State
programs
[[Page 130 STAT. 335]]
that provide long-term care services and supports
through home and community-based service programs;
``(B) person-centered counseling to assist
individuals in assessing their existing or anticipated
long-term care needs and goals, and developing and
implementing a person-centered plan for long-term care
that is consistent with the desires of such an
individual and designed to meet the individual's
specific needs, goals, and circumstances;
``(C) access for individuals to the full range of
publicly-supported long-term care services and supports
for which the individuals may be eligible, including
home and community-based service options, by serving as
a convenient point of entry for such programs and
supports; and
``(D) in cooperation with area agencies on aging,
centers for independent living described in part C of
title VII of the Rehabilitation Act of 1973 (29 U.S.C.
796f et seq.), and other community-based entities,
information and referrals regarding available home and
community-based services for individuals who are at risk
for residing in, or who reside in, institutional
settings, so that the individuals have the choice to
remain in or to return to the community.'';
(4) in paragraph (14)(B), by inserting ``oral health,''
after ``bone density,'';
(5) by striking paragraph (17) and inserting the following:
``(17) The term `elder justice' means--
``(A) from a societal perspective, efforts to--
``(i) prevent, detect, treat, intervene in,
and prosecute elder abuse, neglect, and
exploitation; and
``(ii) protect older individuals with
diminished capacity while maximizing their
autonomy; and
``(B) from an individual perspective, the
recognition of an older individual's rights, including
the right to be free of abuse, neglect, and
exploitation.''; and
(6) in paragraph (18)(A), by striking ``term `exploitation'
means'' and inserting ``terms `exploitation' and `financial
exploitation' mean''.
SEC. 3. ADMINISTRATION ON AGING.
(a) Best Practices.--Section 201 of the Older Americans Act of 1965
(42 U.S.C. 3011) is amended--
(1) in subsection (d)(3)--
(A) in subparagraph (H), by striking ``202(a)(21)''
and inserting ``202(a)(18)'';
(B) in subparagraph (K), by striking ``and'' at the
end;
(C) in subparagraph (L)--
(i) by striking ``Older Americans Act
Amendments of 1992'' and inserting ``Older
Americans Act Reauthorization Act of 2016''; and
(ii) by striking ``712(h)(4).'' and inserting
``712(h)(5); and''; and
(D) by adding at the end the following:
``(M) <<NOTE: Reports.>> collect and analyze best practices
related to responding to elder abuse, neglect, and exploitation
in long-term care facilities, and publish a report of such best
practices.''; and
(2) in subsection (e)(2), in the matter preceding
subparagraph (A), by inserting ``, and in coordination with the
heads
[[Page 130 STAT. 336]]
of State adult protective services programs and the Director of
the Office of Long-Term Care Ombudsman Programs'' after ``and
services''.
(b) Training.--Section 202 of the Older Americans Act of 1965 (42
U.S.C. 3012) is amended--
(1) in subsection (a)--
(A) in paragraph (5), by inserting ``health and
economic'' before ``needs of older individuals'';
(B) in paragraph (7), by inserting ``health and
economic'' before ``welfare'';
(C) in paragraph (14), by inserting ``(including the
Health Resources and Services Administration)'' after
``other agencies'';
(D) in paragraph (27), by striking ``and'' at the
end;
(E) in paragraph (28), by striking the period and
inserting a semicolon; and
(F) by adding at the end the following:
``(29) provide information and technical assistance to
States, area agencies on aging, and service providers, in
collaboration with relevant Federal agencies, on providing
efficient, person-centered transportation services, including
across geographic boundaries;
``(30) identify model programs and provide information and
technical assistance to States, area agencies on aging, and
service providers (including providers operating multipurpose
senior centers), to support the modernization of multipurpose
senior centers; and
``(31) provide technical assistance to and share best
practices with States, area agencies on aging, and Aging and
Disability Resource Centers, on how to collaborate and
coordinate services with health care entities, such as
Federally-qualified health centers, as defined in section
1905(l)(2)(B) of the Social Security Act (42 U.S.C.
1396d(l)(2)(B)), in order to improve care coordination for
individuals with multiple chronic illnesses.'';
(2) in subsection (b)--
(A) in paragraph (5)--
(i) in subparagraph (B), by striking ``and''
after the semicolon;
(ii) in subparagraph (C), by inserting ``and''
after the semicolon; and
(iii) by adding at the end the following:
``(D) <<NOTE: Consultation.>> when feasible,
developing, in consultation with States and national
organizations, a consumer-friendly tool to assist older
individuals and their families in choosing home and
community-based services, with a particular focus on
ways for consumers to assess how providers protect the
health, safety, welfare, and rights, including the
rights provided under section 314, of older
individuals;'';
(B) in paragraph (8)--
(i) in subparagraph (B), by inserting ``to
identify and articulate goals of care and'' after
``individuals'';
(ii) in subparagraph (D)--
(I) by inserting ``respond to or''
before ``plan''; and
(II) by striking ``future long-term
care needs; and'' and inserting ``long-
term care needs;'';
[[Page 130 STAT. 337]]
(iii) in subparagraph (E), by adding ``and''
at the end; and
(iv) by adding at the end the following:
``(F) to provide information and referrals regarding
available home and community-based services for
individuals who are at risk for residing in, or who
reside in, institutional settings, so that the
individuals have the choice to remain in or to return to
the community;''; and
(3) by adding at the end the following:
``(g) The Assistant Secretary shall, as appropriate, ensure that
programs authorized under this Act include appropriate training in the
prevention of abuse, neglect, and exploitation and provision of services
that address elder justice and the exploitation of older individuals.''.
(c) Authorization of Appropriations.--Section 205 of the Older
Americans Act of 1965 (42 U.S.C.3016) is amended by striking subsection
(c).
(d) Reports.--Section 207(a) of the Older Americans Act of 1965 (42
U.S.C. 3018(a)) is amended--
(1) in paragraph (2), by striking ``202(a)(19)'' and
inserting ``202(a)(16)''; and
(2) in paragraph (4), by striking ``202(a)(17)'' and
inserting ``202(a)(14)''.
(e) Authorization of Appropriations.--Section 216 of the Older
Americans Act of 1965 (42 U.S.C. 3020f) is amended--
(1) in subsection (a), by striking ``such sums'' and all
that follows through the period at the end, and inserting
``$40,063,000 for each of the fiscal years 2017, 2018, and
2019.'';
(2) by amending subsection (b) to read as follows:
``(b) There are authorized to be appropriated--
``(1) to carry out section 202(a)(21) (relating to the
National Eldercare Locator Service), $2,088,758 for fiscal year
2017, $2,132,440 for fiscal year 2018, and $2,176,121 for fiscal
year 2019;
``(2) to carry out section 215, $1,904,275 for fiscal year
2017, $1,944,099 for fiscal year 2018, and $1,983,922 for fiscal
year 2019;
``(3) to carry out section 202 (relating to Elder Rights
Support Activities under this title), $1,312,904 for fiscal year
2017, $1,340,361 for fiscal year 2018, and $1,367,817 for fiscal
year 2019; and
``(4) to carry out section 202(b) (relating to the Aging and
Disability Resource Centers), $6,271,399 for fiscal year 2017,
$6,402,551 for fiscal year 2018, and $6,533,703 for fiscal year
2019.''; and
(3) by striking subsection (c).
SEC. 4. STATE AND COMMUNITY PROGRAMS ON AGING.
(a) Authorization of Appropriations.--Section 303 of the Older
Americans Act of 1965 (42 U.S.C. 3023) is amended--
(1) in subsection (a)(1), by striking ``such sums'' and all
that follows through the period at the end, and inserting
``$356,717,276 for fiscal year 2017, $364,456,847 for fiscal
year 2018, and $372,196,069 for fiscal year 2019.'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``such sums'' and
all that follows through the period at the end, and
inserting
[[Page 130 STAT. 338]]
``$459,937,586 for fiscal year 2017, $469,916,692 for
fiscal year 2018, and $479,895,348 for fiscal year
2019.''; and
(B) in paragraph (2), by striking ``such sums'' and
all that follows through the period at the end, and
inserting ``$232,195,942 for fiscal year 2017,
$237,233,817 for fiscal year 2018, and $242,271,465 for
fiscal year 2019.'';
(3) in subsection (d), by striking ``such sums'' and all
that follows through the period at the end, and inserting
``$20,361,334 for fiscal year 2017, $20,803,107 for fiscal year
2018, and $21,244,860 for fiscal year 2019.'';
(4) in subsection (e)--
(A) by striking ``(1)'' and all that follows through
``(2)''; and
(B) by striking ``$166,500,000'' and all that
follows through the period at the end, and inserting
``$154,336,482 for fiscal year 2017, $157,564,066 for
fiscal year 2018, and $160,791,658 for fiscal year
2019.''
(b) Allotment.--Section 304 of the Older Americans Act of 1965 (42
U.S.C. 3024) is amended--
(1) in subsection (a)(3), by striking subparagraph (D) and
inserting the following:
``(D)(i) For each of fiscal years 2017 through 2019, no State shall
be allotted an amount that is less than 99 percent of the amount
allotted to such State for the previous fiscal year.
``(ii) For fiscal year 2020 and each subsequent fiscal year, no
State shall be allotted an amount that is less than 100 percent of the
amount allotted to such State for fiscal year 2019.''; and
(2) in subsection (b), by striking ``subpart 1 of''.
(c) Planning and Service Areas.--Section 305(b)(5)(C)(i)(III) of the
Older Americans Act of 1965 (42 U.S.C. 3025(b)(5)(C)(i)(III)) is amended
by striking ``planning and services areas'' and inserting ``planning and
service areas''.
(d) Area Plans.--Section 306 of the Older Americans Act of 1965 (42
U.S.C. 3026) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``establishment,
maintenance, or construction of multipurpose senior
centers,'' and inserting ``establishment, maintenance,
modernization, or construction of multipurpose senior
centers (including a plan to use the skills and services
of older individuals in paid and unpaid work, including
multigenerational and older individual to older
individual work),''; and
(B) in paragraph (6)--
(i) in subparagraph (G), by adding ``and'' at
the end; and
(ii) by adding at the end the following:
``(H) in coordination with the State agency and with
the State agency responsible for elder abuse prevention
services, increase public awareness of elder abuse,
neglect, and exploitation, and remove barriers to
education, prevention, investigation, and treatment of
elder abuse, neglect, and exploitation, as
appropriate;''; and
(2) in subsection (b)(3)--
(A) in subparagraph (J), by striking ``and'' at the
end;
(B) by redesignating subparagraph (K) as
subparagraph (L); and
[[Page 130 STAT. 339]]
(C) by inserting after subparagraph (J) the
following:
``(K) protection from elder abuse, neglect, and
exploitation; and''.
(e) State Plans.--Section 307(a)(2)(A) of the Older Americans Act of
1965 (42 U.S.C. 3027(a)(2)(A)) is amended by striking ``202(a)(29)'' and
inserting ``202(a)(26)''.
(f) Nutrition Services Incentive Program.--Section 311(e) of the
Older Americans Act of 1965 (42 U.S.C. 3030a(e)) is amended by striking
``such sums'' and all that follows through the period at the end, and
inserting ``$164,055,664 for fiscal year 2017, $167,486,502 for fiscal
year 2018, and $170,917,349 for fiscal year 2019.''.
(g) Supportive Services.--Section 321 of the Older Americans Act of
1965 (42 U.S.C. 3030d) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``or referral
services'' and inserting ``referral, chronic condition
self-care management, or falls prevention services'';
(B) in paragraph (8), by striking ``(including'' and
all that follows and inserting the following:
``(including mental and behavioral health screening and
falls prevention services screening) to detect or
prevent (or both) illnesses and injuries that occur most
frequently in older individuals;'' and
(C) in paragraph (15), by inserting before the
semicolon the following: ``, and screening for elder
abuse, neglect, and exploitation'';
(2) in subsection (b)(1), by inserting ``or modernization''
after ``construction'';
(3) in subsection (c), by inserting before the period the
following: ``, and pursue opportunities for the development of
intergenerational shared site models for programs or projects,
consistent with the purposes of this Act''; and
(4) by adding at the end the following:
``(e) <<NOTE: Definition.>> In this section, the term `adult child
with a disability' means a child who--
``(1) is age 18 or older;
``(2) is financially dependent on an older individual who is
a parent of the child; and
``(3) has a disability.''.
(h) Home Delivered Nutrition Services Program.--Section 336(1) of
the Older Americans Act of 1965 (42 U.S.C. 3030f(1)) is amended by
striking ``canned'' and all that follows through ``meals'' and inserting
``canned, or fresh foods and, as appropriate, supplemental foods, and
any additional meals''.
(i) Nutrition Services.--Section 339 of the Older Americans Act of
1965 (42 U.S.C. 3030g-21) is amended
(1) in paragraph (1), by striking ``solicit'' and inserting
``utilize''; and
(2) in paragraph (2)--
(A) in subparagraph (J), by striking ``and'' at the
end;
(B) in subparagraph (K), by striking the period and
inserting ``, and''; and
(C) by adding at the end the following:
[[Page 130 STAT. 340]]
``(L) where feasible, encourages the use of locally
grown foods in meal programs and identifies potential
partnerships and contracts with local producers and
providers of locally grown foods.''.
(j) Evidence-Based Disease Prevention and Health Promotion Services
Program.--Part D of title III of the Older Americans Act of 1965 (42
U.S.C. 3030m et seq.) is amended--
(1) in the part heading, by inserting ``Evidence-Based''
before ``Disease''; and
(2) in section 361(a), <<NOTE: 42 USC 3030m.>> by inserting
``evidence-based'' after ``to provide''
(k) Older Relative Caregivers.--
(1) Technical amendment.--Part E of title III of the Older
Americans Act of 1965 (42 U.S.C. 3030s et seq.) is amended by
striking the subpart heading for subpart 1.
(2) Definitions.--Section 372 of such Act (42 U.S.C. 3030s)
is amended--
(A) in subsection (a)--
(i) in paragraph (1), by striking ``or who is
an individual with a disability''; and
(ii) by striking paragraph (2) and inserting
the following:
``(2) Individual with a disability.--The term `individual
with a disability' means an individual with a disability, as
defined in section 3 of the Americans with Disabilities Act of
1990 (42 U.S.C. 12102), who is not less than age 18 and not more
than age 59.
``(3) Older relative caregiver.--The term `older relative
caregiver' means a caregiver who--
``(A)(i) is age 55 or older; and
``(ii) lives with, is the informal provider of in-
home and community care to, and is the primary caregiver
for, a child or an individual with a disability;
``(B) in the case of a caregiver for a child--
``(i) is the grandparent, stepgrandparent, or
other relative (other than the parent) by blood,
marriage, or adoption, of the child;
``(ii) is the primary caregiver of the child
because the biological or adoptive parents are
unable or unwilling to serve as the primary
caregivers of the child; and
``(iii) has a legal relationship to the child,
such as legal custody, adoption, or guardianship,
or is raising the child informally; and
``(C) in the case of a caregiver for an individual
with a disability, is the parent, grandparent, or other
relative by blood, marriage, or adoption, of the
individual with a disability.''; and
(B) in subsection (b)--
(i) by striking ``subpart'' and all that
follows through ``family caregivers'' and
inserting ``part, for family caregivers'';
(ii) by striking ``; and'' and inserting a
period; and
(iii) by striking paragraph (2).
[[Page 130 STAT. 341]]
(l) National Family Caregiver Support Program.--Section 373 of the
Older Americans Act of 1965 (42 U.S.C. 3030s-1) is amended--
(1) in subsection (a)(2), by striking ``grandparents or
older individuals who are relative caregivers.'' and inserting
``older relative caregivers.'';
(2) in subsection (c)--
(A) in paragraph (1), in the matter preceding
subparagraph (A), by striking ``grandparents and older
individuals who are relative caregivers, and who'' and
inserting ``older relative caregivers, who''; and
(B) in paragraph (2)(B), by striking ``to older
individuals providing care to individuals with severe
disabilities, including children with severe
disabilities'' and inserting ``to older relative
caregivers of children with severe disabilities, or
individuals with disabilities who have severe
disabilities'';
(3) in subsection (e)(3), by striking ``grandparents or
older individuals who are relative caregivers'' and inserting
``older relative caregivers'';
(4) in subsection (f)(1)(A), by striking ``for fiscal years
2007, 2008, 2009, 2010, and 2011'' and inserting ``for a fiscal
year''; and
(5) in subsection (g)(2)(C), by striking ``grandparents and
older individuals who are relative caregivers of a child who is
not more than 18 years of age'' and inserting ``older relative
caregivers''.
(m) Conforming Amendment.--Part E of title III <<NOTE: 42 USC 3030s-
3030s-2.>> is amended by striking ``this subpart'' each place it appears
and inserting ``this part''.
SEC. 5. ACTIVITIES FOR HEALTH, INDEPENDENCE, AND LONGEVITY.
(a) Grant Programs.--Section 411 of the Older Americans Act of 1965
(42 U.S.C. 3032) is amended--
(1) in subsection (a)--
(A) in paragraph (12), by striking ``and'' at the
end;
(B) by redesignating paragraph (13) as paragraph
(14); and
(C) by inserting after paragraph (12) the following:
``(13) continuing support for program integrity initiatives
concerning the Medicare program under title XVIII of the Social
Security Act (42 U.S.C. 1395 et seq.) that train senior
volunteers to prevent and identify health care fraud and abuse;
and'';
(2) in subsection (b), by striking ``out'' and all that
follows through the period at the end, and inserting the
following:
``out--
``(1) aging network support activities under this section,
$6,216,054 for fiscal year 2017, $6,346,048 for fiscal year
2018, and $6,476,043 for fiscal year 2019; and
``(2) elder rights support activities under this section,
$10,856,828 for fiscal year 2017, $11,083,873 for fiscal year
2018, and $11,310,919 for fiscal year 2019.''.
(b) Native American Programs.--Section 418(b) of the Older Americans
Act of 1965 (42 U.S.C. 3032g(b)) is amended by striking ``a national
meeting to train'' and inserting ``national trainings for''.
[[Page 130 STAT. 342]]
(c) Legal Assistance for Older Americans.--Section 420(c) of the
Older Americans Act of 1965 (42 U.S.C. 3032i(c)) is amended by striking
``national''.
(d) Repeals.--Sections 415, 419, and 421 of the Older Americans Act
of 1965 (42 U.S.C. 3032d, 3032h, 3032j) are repealed.
(e) Conforming Amendment.--Section 417(a)(1)(A) of the Older
Americans Act of 1965 (42 U.S.C. 3032f(a)(1)(A)) is amended by striking
``grandparents and other older individuals who are relative caregivers''
and inserting ``older relative caregivers (as defined in section 372)''.
SEC. 6. AMENDMENTS TO COMMUNITY SERVICE SENIOR OPPORTUNITIES ACT.
(a) Older American Community Service Employment Program.--Section
502 of the Community Service Senior Opportunities Act (42 U.S.C. 3056)
is amended--
(1) in subsection (b)(1)--
(A) in subparagraph (C)(ii), by striking
``513(a)(2)(D)'' and inserting ``513(a)(2)(E)''; and
(B) in subparagraph (N)(i) by striking ``Workforce
Investment Act of 1998 (29 U.S.C. 2801 et seq.)'' and
inserting ``Workforce Innovation and Opportunity Act (29
U.S.C. 3101 et seq.)'';
(2) in subsection (d)--
(A) by inserting ``and the local workforce
development board'' after ``service area''; and
(B) by striking ``and'' after ``State agency'' and
inserting ``, the local workforce development board,
and''; and
(3) in subsection (e)(3), by inserting ``, with the State
workforce development board and local workforce development
board,'' after ``aging''.
(b) Administration.--Section 503 of the Community Service Senior
Opportunities Act (42 U.S.C. 3056a) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (6), (7), and (8) as
paragraphs (7), (8), and (9), respectively;
(B) in paragraph (3), by striking ``paragraph (7)''
and inserting ``paragraph (8)'';
(C) in paragraph (4), by striking subparagraph (F)
and inserting the following:
``(F) how the activities of grantees in the State
under this title will be coordinated with activities
carried out in the State under title I of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3111 et seq.)
and other related programs (referred to in this
subparagraph as `WIOA and related activities'), and how
the State will reduce unnecessary duplication between
the activities carried out under this title and the WIOA
and related activities.''; and
(D) by inserting after paragraph (5) the following:
``(6) Combined state plan.--In lieu of the plan described in
paragraph (1), a State may develop and submit a combined State
plan in accordance with section 103 of the Workforce Innovation
and Opportunity Act (29 U.S.C.
3113). <<NOTE: Applicability.>> 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)
[[Page 130 STAT. 343]]
to a State plan shall be considered to be a reference to that
combined State plan.''; and
(2) in subsection (b)(2)(B)(i), by striking ``Workforce
Investment Act of 1998'' and inserting ``Workforce Innovation
and Opportunity Act''.
(c) Coordination.--The heading of section 511 of the Community
Service Senior Opportunities Act (42 U.S.C. 3056i) is amended by
striking ``workforce investment act of 1998'' and inserting ``workforce
innovation and opportunity act''.
(d) Performance.--Section 513 of the Community Service Senior
Opportunities Act (42 U.S.C. 3056k) is amended--
(1) in subsection (a)--
(A) in the subsection heading, by striking ``and
Indicators'';
(B) in paragraph (1)--
(i) in the paragraph heading, by striking
``and indicators''; and
(ii) by striking ``and additional indicators
of performance'' each place it appears;
(C) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``(A)'' and all that
follows through ``The'' and inserting
``(a) composition of measures.--The'';
and
(II) by striking clause (ii);
(ii) by striking subparagraph (B);
(iii) in subparagraph (C)--
(I) by striking ``(C)'' and
inserting ``(B)''; and
(II) in the first sentence, by
striking ``(A)(i)'' and inserting
``(A)''; and
(III) by striking the second
sentence; and
(iv) by striking subparagraphs (D) and (E) and
inserting the following:
``(C) Agreement on expected levels of performance.--
``(i) First 2 years.--Each grantee shall reach
agreement with the Secretary on levels of
performance for each measure described in
subparagraph (A)(i), for each of the first 2
program years covered by the grant agreement. In
reaching the agreement, the grantee and the
Secretary shall take into account the expected
levels proposed by the grantee and the factors
described in subparagraph (D). The levels agreed
to shall be considered to be the expected levels
of performance for the grantee for such program
years.
``(ii) Third and fourth year.--Each grantee
shall reach agreement with the Secretary, prior to
the third program year covered by the grant
agreement, on levels of performance for each
measure described in subparagraph (A), for each of
the third and fourth program years so covered. In
reaching the agreement, the grantee and the
Secretary shall take into account the expected
levels proposed by the grantee and the factors
described in subparagraph (D). The levels agreed
to shall be considered to be the expected levels
of performance for the grantee for such program
years.
[[Page 130 STAT. 344]]
``(D) Factors.--In reaching the agreements described
in subparagraph (B), each grantee and the Secretary
shall--
``(i) take into account how the levels
involved compare with the expected levels of
performance established for other grantees;
``(ii) ensure that the levels involved are
adjusted, using an objective statistical model
based on the model established by the Secretary in
accordance with section 116(a)(3)(A)(viii)) of the
Workforce Investment and Opportunity Act (29
U.S.C. 3141(a)(3)(A)(viii)); and
``(iii) take into account the extent to which
the levels involved promote continuous improvement
in performance accountability on the core measures
and ensure optimal return on the investment of
Federal funds.
``(E) Adjustments based on economic conditions and
individuals served during the program year.--The
Secretary shall, in accordance with the objective
statistical model developed pursuant to subparagraph
(D)(ii), adjust the expected levels of performance for a
program year for grantees, to reflect the actual
economic conditions and characteristics of participants
in the corresponding projects during such program
year.''; and
(D) in paragraph (3), by striking ``and to report
information on the additional indicators of
performance'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A),
by striking ``(a)(2)(A)(i)'' and inserting
``(a)(2)(A)''; and
(ii) by striking subparagraphs (B) through (E)
and inserting the following:
``(B) the percentage of project participants who are
in unsubsidized employment during the second quarter
after exit from the project;
``(C) the percentage of project participants who are
in unsubsidized employment during the fourth quarter
after exit from the project;
``(D) the median earnings of project participants
who are in unsubsidized employment during the second
quarter after exit from the project;
``(E) indicators of effectiveness in serving
employers, host agencies, and project participants; and
``(F) the number of eligible individuals served,
including the number of participating individuals
described in subsection (a)(3)(B)(ii) or (b)(2) of
section 518.'';
(B) by striking paragraph (2);
(C) by redesignating paragraph (3) as paragraph (2);
and
(D) in paragraph (2), as so redesignated, by
striking ``paragraphs (1) and (2)'' and inserting
``paragraph (1)'';
(3) in subsection (c)--
(A) by striking ``shall--'' and all that follows
through ``annually evaluate'' and inserting ``shall
annually evaluate'';
(B) by striking ``(a)(2)(C)'' and inserting
``(a)(2)(B)'';
[[Page 130 STAT. 345]]
(C) by striking ``(a)(2)(D)); and'' and inserting
``(a)(2)(E)).''; and
(D) by striking paragraph (2);
(4) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) by striking ``2007'' and
inserting ``2016'';
(II) in clause (i)--
(aa) by striking
``(a)(2)(C)'' and inserting
``(a)(2)(B)'';
(bb) by striking
``(a)(2)(D)'' and inserting
``(a)(2)(E)''; and
(cc) by striking
``described'' and all that
follows and inserting a period;
(III) by striking clause (ii); and
(IV) by striking ``2006'' and all
that follows through ``(i) met'' and
inserting ``2016, met''; and
(ii) in subparagraph (B)--
(I) in clause (i), by striking
``(A)(i); or'' at the end and inserting
``(A),'';
(II) by striking clause (ii);
(III) by striking ``2006--'' and all
that follows through ``(i) failed'' and
inserting ``2016, failed''; and
(IV) by striking ``and achieve the
applicable percentage'';
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``(a)(2)(C)'' and
inserting ``(a)(2)(B)''; and
(II) by striking ``(a)(2)(D)'' and
inserting ``(a)(2)(E)''; and
(ii) in subparagraph (B)(iii)--
(I) by striking ``(beginning with
program year 2007)''; and
(II) by adding at the end the
following:
``(iv) Use of core indicators.--For purposes
of assessing grantee performance under this
subparagraph before program year 2017, the
Secretary shall use the core indicators of
performance in effect at the time of the award and
the most recent corresponding expected levels of
performance.'';
(C) in paragraph (3)--
(i) in subparagraph (A)--
(I) by striking ``(a)(2)(C)'' and
inserting ``(a)(2)(B)''; and
(II) by striking ``(a)(2)(D)'' and
inserting ``(a)(2)(E)''; and
(ii) in subparagraph (B)(iii), by striking
``(beginning with program year 2007)''; and
(D) by amending paragraph (4) to read as follows:
``(4) <<NOTE: Deadline.>> Special rule for implementation.--
The Secretary shall implement the core measures of performance
described in this section not later than December 31, 2017.'';
and
(5) by amending subsection (e) to read as follows:
``(e) <<NOTE: Effective date.>> Impact on Grant Competition.--
Effective on January 1, 2018, the Secretary may not publish a notice
announcing a
[[Page 130 STAT. 346]]
grant competition under this title, or solicit proposals for grants,
until the day on which the Secretary implements the core measures of
performance.''.
(e) Competitive Requirements.--Section 514(c)(4) of the Community
Service Senior Opportunities Act (42 U.S.C. 3056l(c)(4)) is amended--
(1) by striking ``and addressing additional indicators of
performance''; and
(2) by striking ``and additional indicators of
performance''.
(f) Authorization of Appropriations.--Section 517 of the Older
Americans Act of 1965 (42 U.S.C. 3056o) is amended--
(1) in subsection (a), by striking ``such sums'' and all
that follows through the period at the end, and inserting
``$445,189,405 for fiscal year 2017, $454,499,494 for fiscal
year 2018, and $463,809,605 for fiscal year 2019.''; and
(2) in subsection (b)--
(A) in the 1st sentence--
(i) by inserting ``Federal'' after ``available
for''; and
(ii) by striking ``July'' and inserting
``April''; and
(B) by inserting after the 1st sentence the
following:
``Such amounts obligated to grantees shall be available for obligation
and expenditure by grantees during the program year that begins on July
1 of the calendar year immediately following the beginning of the fiscal
year in which the amounts are appropriated and that ends on June 30 of
the following calendar year.''.
(g) Definitions.--Section 518(a) of the Community Service Senior
Opportunities Act (42 U.S.C. 3056p(a)) is amended--
(1) by redesignating paragraphs (5) through (8) as
paragraphs (6) through (9), respectively; and
(2) by inserting after paragraph (4) the following:
``(5) <<NOTE: Definition.>> Local workforce development
board; state workforce development board.--The terms `local
workforce development board' and `State workforce development
board' have the meanings given the terms `local board' and
`State board', respectively, in section 3 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102).''.
SEC. 7. GRANTS FOR NATIVE AMERICANS.
Section 643 of the Older Americans Act of 1965 (42 U.S.C. 3057n) is
amended--
(1) in paragraph (1), by striking ``such sums'' and all that
follows through the semicolon, and inserting ``$31,934,018 for
fiscal year 2017, $32,601,843 for fiscal year 2018, and
$33,269,670 for fiscal year 2019;''; and
(2) in paragraph (2), by striking ``such sums'' and all that
follows through the period at the end, and inserting
``$7,718,566 for fiscal year 2017, $7,879,982 for fiscal year
2018, and $8,041,398 for fiscal year 2019.''.
SEC. 8. VULNERABLE ELDER RIGHTS PROTECTION ACTIVITIES.
(a) Authorization of Appropriations.--Section 702 of the Older
Americans Act of 1965 (42 U.S.C. 3058a) is amended--
(1) in subsection (a), by striking ``such sums'' and all
that follows through the period at the end, and inserting
``$16,280,630 for fiscal year 2017, $16,621,101 for fiscal year
2018, and $16,961,573 for fiscal year 2019.'';
(2) by striking subsection (b) and inserting the following:
[[Page 130 STAT. 347]]
``(b) Other Programs.--There are authorized to be appropriated to
carry out chapters 3 and 4, $4,891,876 for fiscal year 2017, $4,994,178
for fiscal year 2018, and $5,096,480 for fiscal year 2019.''; and
(3) by striking subsection (c).
(b) Ombudsman Definitions.--Section 711(6) of the Older Americans
Act of 1965 (42 U.S.C. 3058f(6)) is amended by striking ``older''.
(c) Ombudsman Programs.--Section 712 of the Older Americans Act of
1965 (42 U.S.C. 3058g) is amended--
(1) in subsection (a)--
(A) in paragraph (2), by adding at the end the
following: ``The Ombudsman shall be responsible for the
management, including the fiscal management, of the
Office.'';
(B) in paragraph (3)--
(i) in subparagraph (A), by striking clause
(i) and inserting the following:
``(i) are made by, or on behalf of, residents,
including residents with limited or no
decisionmaking capacity and who have no known
legal representative, and if such a resident is
unable to communicate consent for an Ombudsman to
work on a complaint directly involving the
resident, the Ombudsman shall seek evidence to
indicate what outcome the resident would have
communicated (and, in the absence of evidence to
the contrary, shall assume that the resident
wishes to have the resident's health, safety,
welfare, and rights protected) and shall work to
accomplish that outcome; and'';
(ii) in subparagraph (D), by striking
``regular and timely'' and inserting ``regular,
timely, private, and unimpeded'';
(iii) in subparagraph (H)(iii)--
(I) by inserting ``, actively
encourage, and assist in'' after
``provide technical support for''; and
(II) by striking ``and'' after the
semicolon;
(iv) by redesignating subparagraph (I) as
subparagraph (J); and
(v) by inserting after subparagraph (H) the
following:
``(I) when feasible, continue to carry out the
functions described in this section on behalf of
residents transitioning from a long-term care facility
to a home care setting; and'';
(C) in paragraph (5)(B)--
(i) in clause (vi)--
(I) by inserting ``, actively
encourage, and assist in'' after
``support''; and
(II) by striking ``and'' after the
semicolon;
(ii) by redesignating clause (vii) as clause
(viii); and
(iii) by inserting after clause (vi) the
following:
``(vii) identify, investigate, and resolve
complaints described in clause (iii) that are made
by or on behalf of residents with limited or no
decisionmaking capacity and who have no known
legal representative, and if such a resident is
unable to communicate consent for an Ombudsman to
work on a complaint directly
[[Page 130 STAT. 348]]
involving the resident, the Ombudsman shall seek
evidence to indicate what outcome the resident
would have communicated (and, in the absence of
evidence to the contrary, shall assume that the
resident wishes to have the resident's health,
safety, welfare, and rights protected) and shall
work to accomplish that outcome; and'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking
``access'' and inserting ``private and unimpeded
access''; and
(ii) in subparagraph (B)--
(I) in clause (i)--
(aa) in the matter preceding
subclause (I), by striking ``the
medical and social records of
a'' and inserting ``all files,
records, and other information
concerning a''; and
(bb) in subclause (II), by
striking ``to consent'' and
inserting ``to communicate
consent''; and
(II) in clause (ii), in the matter
before subclause (I), by striking ``the
records'' and inserting ``the files,
records, and information''; and
(B) by adding at the end the following:
``(3) Health oversight agency.--For purposes of section
264(c) of the Health Insurance Portability and Accountability
Act of 1996 (including regulations issued under that section)
(42 U.S.C. 1320d-2 note), the Ombudsman and a representative of
the Office shall be considered a `health oversight agency,' so
that release of residents' individually identifiable health
information to the Ombudsman or representative is not precluded
in cases in which the requirements of clause (i) or (ii) of
paragraph (1)(B), or the requirements of paragraph (1)(D), are
otherwise met.'';
(3) in subsection (c)(2)(D), by striking ``202(a)(21)'' and
inserting ``202(a)(18)'';
(4) in subsection (d)--
(A) in paragraph (1), by striking ``files'' and
inserting ``files, records, and other information''; and
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``files and
records'' each place such term appears
and inserting ``files, records, and
other information''; and
(II) by striking ``and'' after the
semicolon;
(ii) in subparagraph (B)--
(I) by striking ``files or records''
and inserting ``files, records, or other
information''; and
(II) in clause (iii), by striking
the period at the end and inserting ``;
and''; and
(iii) by adding at the end the following:
``(C) notwithstanding subparagraph (B), ensure that
the Ombudsman may disclose information as needed in
order to best serve residents with limited or no
decisionmaking capacity who have no known legal
representative and are unable to communicate consent, in
order for the
[[Page 130 STAT. 349]]
Ombudsman to carry out the functions and duties
described in paragraphs (3)(A) and (5)(B) of subsection
(a).''; and
(5) by striking subsection (f) and inserting the following:
``(f) Conflict of Interest.--
``(1) Individual conflict of interest.--The State agency
shall--
``(A) ensure that no individual, or member of the
immediate family of an individual, involved in the
designation of the Ombudsman (whether by appointment or
otherwise) or the designation of an entity designated
under subsection (a)(5), is subject to a conflict of
interest;
``(B) ensure that no officer or employee of the
Office, representative of a local Ombudsman entity, or
member of the immediate family of the officer, employee,
or representative, is subject to a conflict of interest;
and
``(C) ensure that the Ombudsman--
``(i) does not have a direct involvement in
the licensing or certification of a long-term care
facility or of a provider of a long-term care
service;
``(ii) does not have an ownership or
investment interest (represented by equity, debt,
or other financial relationship) in a long-term
care facility or a long-term care service;
``(iii) is not employed by, or participating
in the management of, a long-term care facility or
a related organization, and has not been employed
by such a facility or organization within 1 year
before the date of the determination involved;
``(iv) does not receive, or have the right to
receive, directly or indirectly, remuneration (in
cash or in kind) under a compensation arrangement
with an owner or operator of a long-term care
facility;
``(v) does not have management responsibility
for, or operate under the supervision of an
individual with management responsibility for,
adult protective services; and
``(vi) does not serve as a guardian or in
another fiduciary capacity for residents of long-
term care facilities in an official capacity (as
opposed to serving as a guardian or fiduciary for
a family member, in a personal capacity).
``(2) Organizational conflict of interest.--
``(A) <<NOTE: Compliance.>> 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
[[Page 130 STAT. 350]]
under subsection (i), (j), or (k) of section 1915
of the Social Security Act (42 U.S.C. 1396n);
``(iv) provides long-term care case
management;
``(v) sets rates for long-term care services;
``(vi) provides adult protective services;
``(vii) is responsible for eligibility
determinations for the Medicaid program carried
out under title XIX of the Social Security Act (42
U.S.C. 1396 et seq.);
``(viii) conducts preadmission screening for
placements in facilities described in clause (ii);
or
``(ix) makes decisions regarding admission or
discharge of individuals to or from such
facilities.
``(B) Identifying, removing, and remedying
organizational conflict.--
``(i) In general.--The State agency may not
operate the Office or carry out the program,
directly, or by contract or other arrangement with
any public agency or nonprofit private
organization, in a case in which there is an
organizational conflict of interest (within the
meaning of subparagraph (A)) unless such conflict
of interest has been--
``(I) identified by the State
agency;
``(II) disclosed by the State agency
to the Assistant Secretary in writing;
and
``(III) remedied in accordance with
this subparagraph.
``(ii) Action by assistant secretary.--In a
case in which a potential or actual organizational
conflict of interest (within the meaning of
subparagraph (A)) involving the Office is
disclosed or reported to the Assistant Secretary
by any person or entity, the Assistant Secretary
shall require that the State agency, in accordance
with the policies and procedures established by
the State agency under subsection (a)(5)(D)(iii)--
``(I) remove the conflict; or
``(II) submit, and obtain the
approval of the Assistant Secretary for,
an adequate remedial plan that indicates
how the Ombudsman will be unencumbered
in fulfilling all of the functions
specified in subsection (a)(3).''; and
(6) in subsection (h)--
(A) in paragraph (3)(A)(i), by striking ``older'';
(B) in paragraph (4), by striking all that precedes
``procedures'' and inserting the following:
``(4) strengthen and update'';
(C) by redesignating paragraphs (4) through (9) as
paragraphs (5) through (10), respectively;
(D) by inserting after paragraph (3) the following:
``(4) ensure that the Ombudsman or a designee participates
in training provided by the National Ombudsman Resource Center
established in section 202(a)(18);'';
(E) in paragraph (6)(A), as redesignated by
subparagraph (C) of this paragraph, by striking
``paragraph (4)'' and inserting ``paragraph (5)'';
(F) in paragraph (7)(A), as redesignated by
subparagraph (C) of this paragraph, by striking
``subtitle C of the'' and inserting ``subtitle C of
title I of the''; and
[[Page 130 STAT. 351]]
(G) in paragraph (10), as redesignated by
subparagraph (C) of this paragraph, by striking ``(6),
or (7)'' and inserting ``(7), or (8)''.
(d) Ombudsman Regulations.--Section 713 of the Older Americans Act
of 1965 (42 U.S.C. 3058h) is amended--
(1) in paragraph (1), by striking ``paragraphs (1) and (2)
of section 712(f)'' and inserting ``subparagraphs (A) and (B) of
section 712(f)(1)''; and
(2) in paragraph (2), by striking ``subparagraphs (A)
through (D) of section 712(f)(3)'' and inserting ``clauses (i)
through (vi) of section 712(f)(1)(C)''.
(e) Prevention of Elder Abuse, Neglect, and Exploitation.--Section
721 of the Older Americans Act of 1965 (42 U.S.C. 3058i) is amended--
(1) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``(including financial exploitation)'';
(B) by redesignating paragraphs (5) through (12) as
paragraphs (6) through (13), respectively;
(C) by inserting after paragraph (4) the following:
``(5) promoting the submission of data on elder abuse,
neglect, and exploitation for the appropriate database of the
Administration or another database specified by the Assistant
Secretary;'';
(D) in paragraph (10)(C), as redesignated by
subparagraph (B) of this paragraph--
(i) in clause (ii), by inserting ``, such as
forensic specialists,'' after ``such personnel'';
and
(ii) in clause (v), by inserting before the
comma the following: ``, including programs and
arrangements that protect against financial
exploitation''; and
(E) in paragraph (12), as redesignated by
subparagraph (B) of this paragraph--
(i) in subparagraph (D), by striking ``and''
at the end; and
(ii) by adding at the end the following:
``(F) supporting and studying innovative practices
in communities to develop partnerships across
disciplines for the prevention, investigation, and
prosecution of abuse, neglect, and exploitation; and'';
and
(2) in subsection (e)(2), in the matter preceding
subparagraph (A)--
(A) by striking ``subsection (b)(9)(B)(i)'' and
inserting ``subsection (b)(10)(B)(i)''; and
(B) by striking ``subsection (b)(9)(B)(ii)'' and
inserting ``subsection (b)(10)(B)(ii)''.
SEC. 9. BEHAVIORAL HEALTH.
The Older Americans Act of 1965 is amended--
(1) in section 102 (42 U.S.C. 3002)--
(A) in paragraph (14)(G), by inserting ``and
behavioral'' after ``mental'';
(B) in paragraph (36), by inserting ``and
behavioral'' after ``mental''; and
(C) in paragraph (47)(B), by inserting ``and
behavioral'' after ``mental'';
[[Page 130 STAT. 352]]
(2) in section 201(f)(1) (42 U.S.C. 3011(f)(1)), by
inserting ``and behavioral'' after ``mental'';
(3) in section 202(a)(5) (42 U.S.C. 3012(a)(5)), by
inserting ``and behavioral'' after ``mental'';
(4) in section 306(a) (42 U.S.C. 3026(a))--
(A) in paragraph (2)(A), by inserting ``and
behavioral'' after ``mental''; and
(B) in paragraph (6)(F), by striking ``mental health
services'' each place such term appears and inserting
``mental and behavioral health services''; and
(5) in section 321(a) (42 U.S.C. 3030d)--
(A) in paragraph (1), as amended by section 4(g), by
inserting ``and behavioral'' after ``mental'';
(B) in paragraph (14)(B), by inserting ``and
behavioral'' after ``mental''; and
(C) in paragraph (23), by inserting ``and
behavioral'' after ``mental''.
SEC. 10. <<NOTE: State governments. 42 USC 3001 note.>> GUIDANCE
ON SERVING HOLOCAUST SURVIVORS.
(a) <<NOTE: Applicability.>> In General.--Because the services under
the Older Americans Act of 1965 (42 U.S.C. 3001 et seq.) are critical to
meeting the urgent needs of Holocaust survivors to age in place with
dignity, comfort, security, and quality of life, the Assistant Secretary
for Aging shall issue guidance to States, that shall be applicable to
States, area agencies on aging, and providers of services for older
individuals, with respect to serving Holocaust survivors, including
guidance on promising practices for conducting outreach to that
population. <<NOTE: Consultation.>> In developing the guidance, the
Assistant Secretary for Aging shall consult with experts and
organizations serving Holocaust survivors, and shall take into account
the possibility that the needs of Holocaust survivors may differ based
on geography.
(b) Contents.--The guidance shall include the following:
(1) How nutrition service providers may meet the special
health-related or other dietary needs of participants in
programs under the Older Americans Act of 1965, including needs
based on religious, cultural, or ethnic requirements.
(2) How transportation service providers may address the
urgent transportation needs of Holocaust survivors.
(3) How State long-term care ombudsmen may address the
unique needs of residents of long-term care facilities for whom
institutional settings may produce sights, sounds, smells,
emotions, and routines, that can induce panic, anxiety, and
retraumatization as a result of experiences from the Holocaust.
(4) How supportive services providers may consider the
unique needs of Holocaust survivors.
(5) How other services provided under that Act, as
determined by the Assistant Secretary for Aging, may serve
Holocaust survivors.
[[Page 130 STAT. 353]]
(c) <<NOTE: Deadline.>> Date of Issuance.--The guidance described in
subsection (a) shall be issued not later than 180 days after the date of
enactment of this Act.
Approved April 19, 2016.
LEGISLATIVE HISTORY--S. 192:
---------------------------------------------------------------------------
CONGRESSIONAL RECORD:
Vol. 161 (2015):
July 16, considered and passed
Senate.
Vol. 162 (2016):
Mar. 21, considered and passed
House, amended.
Apr. 7, Senate concurred in House
amendment.
<all>