II 

112TH CONGRESS 

2D SESSION S. 2037 

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

other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 26, 2012 

Mr. SANDERS introduced the following bill; which was read twice and referred 

to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To reauthorize and improve the Older Americans Act of 

1965, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Older Americans Act 

5 Amendments of 2012’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) Older adults are the fastest growing seg9 ment of the Nation’s population, in the Nation’s his10 tory. 


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1 (2) Every day, 10,000 Baby Boomers turn 65. 

2 (3) One in every 5 of those individuals age 65 

3 and older survives on an average of $7,500 a year. 

4 (4) Older adults haven’t seen a cost of living 

5 adjustment in Federal benefits, including assistance 

6 under the Social Security Act, in more than 2 years 

7 and will only see a very slight cost of living adjust8 ment in those benefits for this fiscal year. 

9 (5) Federal funding to support older adults and 

10 their caregivers has not kept pace with inflation. 

11 (6) Only 7 percent of individuals who are food 

12 insecure are getting a home-delivered meal. 

13 (7) The cost of staying in a nursing home is 

14 averaging over $77,000 per year. 

15 (8) The Medicaid program is paying for the 

16 majority of nursing home care. 

17 (9) The number of elder abuse and neglect 

18 cases is soaring. 

19 (10) States are cutting budgets for Medicaid 

20 programs, and the cuts sometimes result in nursing 

21 homes dropping older adults off at homeless shel22 ters. 

23 (11) By making significant improvements 

24 through the Older Americans Act Amendments of 

25 2012, it is possible to improve the lives of millions 


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1 of older adults, and ensure that they receive all of 

2 the supports and services that they need to stay 

3 healthy and active in their homes and communities. 

4 TITLE I—DECLARATION OF 

5 OBJECTIVES; DEFINITIONS 

6 SEC. 101. DECLARATION OF OBJECTIVES. 

7 Section 101 of the Older Americans Act of 1965 (42 

8 U.S.C. 3001) is amended by striking paragraph (1) and 

9 inserting the following: 

10 ‘‘(1) Economic security in later life in accord11 ance with the American standard of living.’’. 

12 SEC. 102. DEFINITIONS. 

13 (a) IN GENERAL.—Section 102 of the Older Ameri14 cans Act of 1965 (42 U.S.C. 3002) is amended— 

15 (1) in paragraph (14), by striking the last sen16 tence; 

17 (2) by redesignating paragraphs (15) through 

18 (54) as paragraphs (16) through (55), respectively; 

19 (3) by inserting after paragraph (14) the fol20 lowing: 

21 ‘‘(15) The term ‘economic security’ means the 

22 situation of having the income necessary to pay for 

23 housing, health care, transportation, food, long-term 

24 care, and goods and services to meet other basic 

25 needs.’’; 


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1 (4) in paragraph (24), as redesignated by para2 graph (2) of this subsection, by striking ‘‘at or below 

3 the poverty line.’’ and inserting ‘‘that is not more 

4 than 200 percent of the poverty line.’’; 

5 (5) by striking paragraph (25), as redesignated 

6 by paragraph (2) of this subsection, and inserting 

7 the following: 

8 ‘‘(25) GREATEST SOCIAL NEED.—The term 

9 ‘greatest social need’ means need— 

10 ‘‘(A) caused by noneconomic factors, which 

11 include— 

12 ‘‘(i) physical and mental disabilities; 

13 ‘‘(ii) language barriers including lim14 ited English proficiency; 

15 ‘‘(iii) cultural, social, or geographic 

16 isolation (such as residence in a rural 

17 area), including isolation caused by racial, 

18 minority, or ethnic status, or status as a 

19 lesbian, gay, bisexual, or transgendered 

20 older adult; and 

21 ‘‘(iv) HIV-positive health status or 

22 Alzheimer’s disease or a related disorder 

23 with neurological and organic brain dys24 function; and 

25 ‘‘(B) that— 


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1 ‘‘(i) restricts the ability of an indi2 vidual to perform normal daily tasks; or 

3 ‘‘(ii) threatens the capacity of the in4 dividual to live independently.’’; 

5 (6) in paragraph (29)(E)(i), as redesignated by 

6 paragraph (2) of this subsection, by inserting after 

7 ‘‘social need’’ the following: ‘‘(with particular atten8 tion to individuals with factors listed in paragraph 

9 (25))’’; 

10 (7) in paragraph (35)(C), as redesignated by 

11 paragraph (2) of this subsection— 

12 (A) in subparagraph (A), by adding ‘‘and’’ 

13 at the end; 

14 (B) in subparagraph (B), by striking 

15 ‘‘and’’ at the end; and 

16 (C) by striking subparagraph (C); and 

17 (8) by adding at the end the following: 

18 ‘‘(55) INTEGRATED LEGAL ASSISTANCE DELIV19 ERY SYSTEM.—The term ‘integrated legal assistance 

20 delivery system’ means a collaboratively run, state21 wide network that is established to provide direct 

22 legal assistance, in the most efficient and impactful 

23 manner possible, targeted at older individuals with 

24 greatest economic need and older individuals with 

25 greatest social need, in coordination with the legal 


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1 assistance developer for the State and all State, re2 gional, and local service providers engaged in pro3 moting or supporting elder rights.’’. 

4 (b) CONFORMING AMENDMENTS.—Section 102 of the 

5 Older Americans Act of 1965 (42 U.S.C. 3002), as redes6 ignated by subsection (a)(2), is amended— 

7 (1) in paragraph (38)(A), by striking ‘‘as de8 fined in paragraph (5)’’ and inserting ‘‘as defined in 

9 paragraph (27)’’; 

10 (2) in paragraph (39), by striking ‘‘(as defined 

11 in paragraph (18)(B))’’ and inserting ‘‘(as defined 

12 in paragraph (19)(B))’’; 

13 (3) in paragraph (47)(D), by striking ‘‘(as de14 fined in paragraph (18)(B))’’ and inserting ‘‘(as de15 fined in paragraph (19)(B))’’; and 

16 (4) in paragraph (49)(B), by striking ‘‘specified 

17 in subparagraphs (A) through (G) of paragraph 

18 (8).’’ and inserting ‘‘specified in subparagraphs (A) 

19 through (G) of paragraph (13).’’. 

20 TITLE II—ADMINISTRATION ON 

21 AGING 

22 SEC. 201. ESTABLISHMENT OF ADMINISTRATION ON AGING. 

23 Section 201(d)(3) of the Older Americans Act of 

24 1965 (42 U.S.C. 3011(d)(3)) is amended— 

25 (1) in subsection (C)— 


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1 (A) in clause (i), by striking ‘‘; and’’ and 

2 inserting a semicolon; 

3 (B) by redesignating clause (ii) as clause 

4 (iii); and 

5 (C) by inserting after clause (i) the fol6 lowing: 

7 ‘‘(ii) resources needed by State Long8 Term Care Ombudsmen to collect and re9 port program data through the National 

10 Ombudsman Reporting System, including 

11 hardware and software that meet national 

12 standards; and’’; and 

13 (2) in subparagraph (L)— 

14 (A) by striking ‘‘Older Americans Act 

15 Amendments of 1992’’ and inserting ‘‘Older 

16 Americans Act Amendments of 2012’’; and 

17 (B) by striking ‘‘712(h)(4)’’ and inserting 

18 ‘‘712(h)(5)’’. 

19 SEC. 202. FUNCTIONS OF ASSISTANT SECRETARY. 

20 Section 202(a) of the Older Americans Act of 1965 

21 (42 U.S.C. 3012(a)) is amended— 

22 (1) in paragraph (15), by striking ‘‘, with par23 ticular attention’’ and all that follows through the 

24 semicolon and inserting ‘‘(with particular attention 


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1 to individuals with factors listed in section 

2 102(25));’’; 

3 (2) in paragraph (18), by amending subpara4 graph (B) to read as follows: 

5 ‘‘(B)(i) for fiscal year 2012, make avail6 able not less than $2,000,000 to carry out the 

7 functions of the Center; and 

8 ‘‘(ii) in subsequent fiscal years, make avail9 able such sums as may be necessary to carry 

10 out the functions of the Center, which in no 

11 case shall be less than an amount equal to the 

12 sum of— 

13 ‘‘(I) the amount made available to 

14 carry out the functions of the Center for 

15 the preceding fiscal year; plus 

16 ‘‘(II) an amount not less than 

17 $100,000;’’; 

18 (3) by striking paragraph (22) and inserting 

19 the following: 

20 ‘‘(22) develop guidelines for a State designated 

21 agency (such as a State agency) to follow in— 

22 ‘‘(A) choosing and evaluating providers of 

23 legal assistance with the capacity to work with24 in an integrated legal assistance delivery sys25 tem; and 


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1 ‘‘(B) collecting data and reporting to the 

2 Administration;’’; 

3 (4) by redesignating paragraphs (25) through 

4 (28) as paragraphs (26) through (29), respectively; 

5 and 

6 (5) by inserting after paragraph (24) the fol7 lowing: 

8 ‘‘(25)(A) conduct a planning and feasibility 

9 study— 

10 ‘‘(i) with the intent of establishing a na11 tional database of local service organizations or 

12 local senior community service employment pro13 grams authorized under title V that offer volun14 teer placements; and 

15 ‘‘(ii) on the capacity, as of the date of the 

16 study, of the aging network to manage such a 

17 database; and 

18 ‘‘(B) not later than 2 years after the date of 

19 enactment of the Older Americans Act Amendments 

20 of 2012, submit to Congress the results of the study 

21 conducted under subparagraph (A);’’. 

22 SEC. 203. FEDERAL AGENCY CONSULTATION. 

23 Section 203 of the Older Americans Act of 1965 (42 

24 U.S.C. 3013) is amended— 


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1 (1) in subsection (a)(3)(A), by striking ‘‘older 

2 individuals (with particular attention to low-income 

3 older individuals, including low-income minority 

4 older individuals, older individuals with limited 

5 English proficiency, and older individuals residing in 

6 rural areas)’’ and inserting ‘‘older individuals, older 

7 individuals with greatest economic need, and older 

8 individuals with greatest social need (with particular 

9 attention to individuals with factors listed in section 

10 102(25))’’; and 

11 (2) in subsection (b)— 

12 (A) in paragraph (18), by striking ‘‘, and’’ 

13 and inserting a comma; 

14 (B) in paragraph (19), by striking the pe15 riod at the end and inserting a comma; and 

16 (C) by adding at the end the following: 

17 ‘‘(20) the Patient Protection and Affordable 

18 Care Act, including programs that increase integra19 tion with community health centers, as practicable, 

20 and 

21 ‘‘(21) title XXIX of the Public Health Service 

22 Act.’’. 

23 SEC. 204. EVALUATION. 

24 Section 206 of the Older Americans Act of 1965 (42 

25 U.S.C. 3017) is amended— 


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1 (1) in subsection (a), by striking ‘‘greatest eco2 nomic need’’ and all that follows through ‘‘areas),’’ 

3 and inserting ‘‘greatest economic need and unserved 

4 older individuals with greatest social need (with par5 ticular attention to individuals with factors listed in 

6 section 102(25)),’’; and 

(2) in subsection (g), by striking ‘‘1 7 ⁄2 of’’. 

8 SEC. 205. REPORTS. 

9 Section 207 of the Older Americans Act of 1965 (42 

10 U.S.C. 3018) is amended— 

11 (1) in subsection (a)(3), by striking ‘‘, with par12 ticular attention’’ and all that follows through the 

13 semicolon and inserting ‘‘(with particular attention 

14 to individuals with factors listed in section 

15 102(25));’’; and 

16 (2) in subsection (c)(5)— 

17 (A) by striking ‘‘economic need (including 

18 low-income minority individuals and older indi19 viduals residing in rural areas)’’ and inserting 

20 ‘‘economic need’’; and 

21 (B) by striking ‘‘social need (including low22 income minority individuals and older individ23 uals residing in rural areas)’’ and inserting ‘‘so24 cial need (with particular attention to individ25 uals with factors listed in section 102(25))’’. 


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1 SEC. 206. APPROPRIATE USE OF FUNDS. 

2 Section 212(b)(3) of the Older Americans Act of 

3 1965 (42 U.S.C. 3020c(b)(3)) is amended— 

4 (1) by striking ‘‘social need,’’ and inserting ‘‘so5 cial need (with particular attention to individuals 

6 with factors listed in section 102(25)) or’’; and 

7 (2) by striking ‘‘, or an older’’ and all that fol8 lows through ‘‘placement’’. 

9 SEC. 207. AUTHORIZATION OF APPROPRIATIONS. 

10 Section 216 of the Older Americans Act of 1965 (42 

11 U.S.C. 3020f) is amended— 

12 (1) in subsection (a), by striking ‘‘2007, 2008, 

13 2009, 2010, and 2011’’ and inserting ‘‘2013, 2014, 

14 2015, 2016, and 2017’’; 

15 (2) in subsection (b), by striking ‘‘2007, 2008, 

16 2009, 2010, and 2011’’ and inserting ‘‘2013, 2014, 

17 2015, 2016, and 2017’’; and 

18 (3) in subsection (c), by striking ‘‘2007, 2008, 

19 2009, 2010, and 2011’’ and inserting ‘‘2013, 2014, 

20 2015, 2016, and 2017’’. 

21 SEC. 208. CONSUMER PRICE INDEX. 

22 (a) IN GENERAL.—The Secretary of Labor, through 

23 the Bureau of Labor Statistics and in consultation with 

24 the Assistant Secretary for Aging, shall revise and improve 

25 the Experimental Price Index for the Elderly published by 

26 the Bureau of Labor Statistics (commonly referred to as 


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1 the ‘‘CPI–E’’) in order for the CPI–E to be considered 

2 a reliable measure in determining future cost of living ad3 justments that impact Americans who are 62 years of age 

4 or older. 

5 (b) REVISION REQUIREMENTS.—In carrying out sub6 section (a), the Secretary of Labor shall— 

7 (1) increase the number of Americans 62 years 

8 of age and older sampled in the consumer expendi9 ture survey used to establish the CPI–E; 

10 (2) establish samples of market-based items, 

11 stores, and prices to represent the purchasing pat12 terns of Americans 62 years of age and older; and 

13 (3) examine the medical care component, in14 cluding the cost and usage of prescription drugs, of 

15 the CPI–E taking into account that Americans 62 

16 years of age and older have different illnesses and 

17 medical expenses than Americans under 62 years of 

18 age. 

19 (c) REPORT TO CONGRESS.—Not later than 2 years 

20 after the date of enactment of this Act, the Secretary of 

21 Labor shall submit to Congress a report that describes the 

22 revised CPI–E and the activities carried out by the Sec23 retary under this section. 


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1 TITLE III—GRANTS FOR STATE 

2 AND COMMUNITY PROGRAMS 

3 ON AGING 

4 SEC. 301. PURPOSE; ADMINISTRATION. 

5 Section 301(a)(2) of the Older Americans Act of 

6 1965 (42 U.S.C. 3021(a)(2)) is amended— 

7 (1) in subparagraph (E), by striking ‘‘and’’ at 

8 the end; 

9 (2) in subparagraph (F), by striking the period 

10 and inserting ‘‘; and’’; and 

11 (3) by adding at the end the following: 

12 ‘‘(G) Federally Qualified Health Centers, 

13 as defined in sections 1861(aa)(4) and 

14 1905(l)(2)(B) of the Social Security Act (42 

15 U.S.C. 1395x(aa)(4), 1396d(l)(2)(B)).’’. 

16 SEC. 302. AUTHORIZATION OF APPROPRIATIONS. 

17 Section 303 of the Older Americans Act of 1965 (42 

18 U.S.C. 3023) is amended— 

19 (1) in subsection (a), by striking paragraph (1) 

20 and inserting the following: 

21 ‘‘(1) There are authorized to be appropriated to carry 

22 out part B (relating to supportive services) such sums as 

23 may be necessary for each of fiscal years 2013, 2014, 

24 2015, 2016, and 2017.’’; 


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1 (2) by striking subsection (b) and inserting the 

2 following: 

3 ‘‘(b) There are authorized to be appropriated to carry 

4 out part C (relating to nutrition services) such sums as 

5 may be necessary for each of fiscal years 2013, 2014, 

6 2015, 2016, and 2017.’’; 

7 (3) by striking subsection (d) and inserting the 

8 following: 

9 ‘‘(d) There are authorized to be appropriated to carry 

10 out part D (relating to disease prevention and health pro11 motion services) such sums as may be necessary for each 

12 of fiscal years 2013, 2014, 2015, 2016, and 2017.’’; and 

13 (4) by adding at the end the following: 

14 ‘‘(f) It is the sense of Congress that— 

15 ‘‘(1) in order to carry out part B (relating to 

16 supportive services), the amount appropriated under 

17 subsection (a)(1) should be not less than 

18 $551,000,000 for fiscal year 2013; 

19 ‘‘(2) in order to carry out part C (relating to 

20 nutrition services), the amount appropriated under 

21 subsection (b) should be not less than 

22 $1,200,000,000 for fiscal year 2013; and 

23 ‘‘(3) in order to carry out part D (relating to 

24 disease prevention and health promotion services), 

25 the amount appropriated under subsection (d) 


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1 should be not less than $32,000,000 for fiscal year 

2 2013.’’. 

3 SEC. 303. ORGANIZATION. 

4 Section 305 of the Older Americans Act of 1965 (42 

5 U.S.C. 3025) is amended— 

6 (1) in subsection (a)— 

7 (A) in paragraph (1)(E)— 

8 (i) by striking ‘‘greatest economic 

9 need’’ and all that follows through ‘‘rural 

10 areas)’’ the first place it appears and in11 serting ‘‘greatest economic need’’; and 

12 (ii) by striking ‘‘greatest social need’’ 

13 and all that follows through ‘‘rural areas)’’ 

14 and inserting ‘‘greatest social need (with 

15 particular attention to individuals with fac16 tors listed in section 102(25));’’; and 

17 (B) in paragraph (2)— 

18 (i) in subparagraph (C)(ii), by strik19 ing ‘‘areas’’ and all that follows and insert20 ing ‘‘areas of older individuals with great21 est economic need and older individuals 

22 with greatest social need (with particular 

23 attention to individuals with factors listed 

24 in section 102(25));’’; and 


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1 (ii) in subparagraph (E), by striking 

2 ‘‘services to’’ and all that follows through 

3 ‘‘rural areas)’’ and inserting ‘‘services to 

4 older individuals with greatest economic 

5 need and older individuals with greatest 

6 social need (with particular attention to in7 dividuals with factors listed in section 

8 102(25))’’; and 

9 (2) in subsection (d)(1), by striking ‘‘greatest 

10 economic or social need’’ and inserting ‘‘greatest 

11 economic need and greatest social need’’. 

12 SEC. 304. AREA PLANS. 

13 Section 306 of the Older Americans Act of 1965 (42 

14 U.S.C. 3026) is amended— 

15 (1) in subsection (a)— 

16 (A) in paragraph (1)— 

17 (i) by striking ‘‘maintenance, or con18 struction of multipurpose senior centers’’ 

19 and inserting ‘‘maintenance, moderniza20 tion, or construction of multipurpose senior 

21 centers (which system includes a plan to 

22 use the skills and services of older individ23 uals in paid and unpaid work, including 

24 multigenerational work and older indi25 vidual-to-older individual service activities, 


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1 relating to such maintenance, moderniza2 tion, or construction, or activities at the 

3 centers)’’; 

4 (ii) by striking ‘‘greatest economic 

5 need’’ and all that follows through ‘‘rural 

6 areas)’’ the first place it appears and in7 serting ‘‘greatest economic need’’; and 

8 (iii) by striking ‘‘greatest social need’’ 

9 and all that follows through ‘‘rural areas)’’ 

10 and inserting ‘‘greatest social need (with 

11 particular attention to individuals with fac12 tors listed in section 102(25))’’; 

13 (B) in paragraph (2)(A), by striking ‘‘eligi14 ble)’’ and inserting ‘‘eligible and shall include 

15 information on paid and unpaid work opportu16 nities for older individuals)’’; 

17 (C) in paragraph (4)— 

18 (i) in subparagraph (A)— 

19 (I) in clause (i)(I), by striking 

20 ‘‘will—’’ and all that follows and in21 serting ‘‘will set specific objectives, 

22 consistent with State policy, for pro23 viding services to older individuals 

24 with greatest economic need, older in25 dividuals with greatest social need 


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1 (with particular attention to individ2 uals with factors listed in section 

3 (25)), and older individuals at risk for 

4 institutional placement; and’’; 

5 (II) in clause (i)(II), by striking 

6 ‘‘items (aa) and (bb) of’’; and 

7 (III) in subclauses (I), (II), and 

8 (III) of clause (ii), by striking ‘‘low9 income’’ and all that follows through 

10 ‘‘rural areas’’ and inserting ‘‘individ11 uals with greatest economic need and 

12 individuals with greatest social need 

13 (with particular attention to individ14 uals with factors listed in section 

15 102(25))’’; and 

16 (ii) in subparagraph (B)(i)— 

17 (I) in subclause (II), by striking 

18 ‘‘economic need’’ and all that follows 

19 through ‘‘rural areas)’’ and inserting 

20 ‘‘economic need’’; and 

21 (II) in subclause (III), by strik22 ing ‘‘social need’’ and all that follows 

23 through ‘‘rural areas)’’ and inserting 

24 ‘‘social need’’; 


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1 (D) in paragraph (6)(E)(ii), by inserting 

2 ‘‘and Federally Qualified Health Centers, as de3 fined in sections 1861(aa)(4) and 1905(l)(2)(B) 

4 of the Social Security Act (42 U.S.C. 

5 1395x(aa)(4), 1396d(l)(2)(B))’’ after ‘‘203(b)’’; 

6 and 

7 (E) by striking paragraph (9) and insert8 ing the following: 

9 ‘‘(9) provide assurances that the area agency on 

10 aging, in carrying out the State Long-Term Care 

11 Ombudsman program described in section 307(a)(9), 

12 will— 

13 ‘‘(A) provide adequate funding to conduct 

14 an effective Ombudsman program in compliance 

15 with this Act; and 

16 ‘‘(B) expend not less than the total 

17 amount of funds appropriated under this Act or 

18 made available through other resources, and ex19 pended by the agency in fiscal year 2010, in 

20 carrying out such a program under this Act;’’; 

21 and 

22 (2) in subsection (b)(2)(B), by striking ‘‘includ23 ing individuals’’ and all that follows and inserting 

24 ‘‘including older individuals with greatest economic 

25 need and older individuals with greatest social need 


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1 (with particular attention to individuals with factors 

2 listed in section 102(25));’’. 

3 SEC. 305. STATE PLANS. 

4 Section 307(a) of the Older Americans Act of 1965 

5 (42 U.S.C. 3027(a)) is amended— 

6 (1) in paragraph (2)(A), by striking ‘‘section 

7 202(a)(29)’’ and inserting ‘‘section 202(a)(27)’’; 

8 (2) in paragraph (4), by striking ‘‘provided to 

9 individuals’’ and all that follows and inserting ‘‘pro10 vided to individuals with greatest economic need, in11 dividuals with greatest social need (with particular 

12 attention to individuals with factors listed in section 

13 102(25)), and individuals with disabilities.’’; 

14 (3) by striking paragraph (9) and inserting the 

15 following: 

16 ‘‘(9) The plan shall provide assurances that the 

17 State agency will carry out, through the Office of 

18 the State Long-Term Care Ombudsman, a State 

19 Long-Term Care Ombudsman program in accord20 ance with section 712 and this title, and, in carrying 

21 out the program, will— 

22 ‘‘(A) provide adequate funding to conduct 

23 an effective Ombudsman program in compliance 

24 with this Act; and 


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1 ‘‘(B) expend not less than the total 

2 amount of funds appropriated under this Act or 

3 made available through other resources, and ex4 pended by the agency in fiscal year 2010, in 

5 carrying out such a program under this Act.’’; 

6 (4) in paragraph (11)— 

7 (A) in the matter preceding subparagraph 

8 (A), by striking ‘‘legal assistance—’’ and insert9 ing ‘‘legal assistance, which shall be provided 

10 through an integrated legal assistance delivery 

11 system—’’; 

12 (B) in subparagraph (A), by striking ‘‘area 

13 agencies on aging’’ and inserting ‘‘a State des14 ignated agency (such as a State agency)’’; 

15 (C) in subparagraph (B), by striking ‘‘indi16 viduals with the greatest such need;’’ and in17 serting ‘‘individuals with greatest economic 

18 need and individuals with greatest social need 

19 (with particular attention to individuals with 

20 factors listed in section 102(25)),’’; and 

21 (D) in subparagraph (E), by striking ‘‘area 

22 agencies on aging’’ and inserting ‘‘a State des23 ignated agency’’; 

24 (5) in paragraph (16)— 


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1 (A) in subparagraph (A), by striking 

2 clauses (i) through (vi) and inserting the fol3 lowing: 

4 ‘‘(i) older individuals with greatest 

5 economic need; 

6 ‘‘(ii) older individuals with greatest 

7 social need (with particular attention to in8 dividuals with factors listed in section 

9 102(25)); 

10 ‘‘(iii) older individuals with severe dis11 abilities; and 

12 ‘‘(iv) caregivers of individuals de13 scribed in clause (i), (ii), or (iii); and’’; and 

14 (B) in subparagraph (B)— 

15 (i) by striking ‘‘(vi)’’ and inserting 

16 ‘‘(iv)’’; and 

17 (ii) by striking ‘‘caretakers’’ and in18 serting ‘‘caregivers’’; and 

19 (6) in paragraph (28)(B)(ii), by striking ‘‘in20 cluding individuals’’ and all that follows and insert21 ing ‘‘including older individuals with greatest eco22 nomic need and older individuals with greatest social 

23 need (with particular attention to individuals with 

24 factors listed in section 102(25));’’. 


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1 SEC. 306. PLANNING, COORDINATION, EVALUATION, AND 

2 ADMINISTRATION OF STATE PLANS. 

3 Section 308 of the Older Americans Act of 1965 (42 

4 U.S.C. 3028) is amended— 

5 (1) in subsection (a)(1)— 

6 (A) by striking ‘‘, and the carrying out’’ 

7 and inserting ‘‘, the carrying out’’; and 

8 (B) by inserting before the period the fol9 lowing: ‘‘, and the modernization of such senior 

10 centers’’; and 

11 (2) in subsection (b)— 

12 (A) by striking paragraph (4) and insert13 ing the following: 

14 ‘‘(4) Notwithstanding any other provision of this title, 

15 with respect to funds appropriated under section 303(b) 

16 and received by a State, the State— 

17 ‘‘(A) shall use 40 percent of the funds to pro18 vide services under subpart 1 of part C (relating to 

19 congregate nutrition services); 

20 ‘‘(B) shall use 35 percent of the funds to pro21 vide services under subpart 2 of part C (relating to 

22 home delivered nutrition services); and 

23 ‘‘(C) shall use the remaining 25 percent of the 

24 funds to provide either type of nutrition services, in25 cluding paying for transportation costs that can be 


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1 demonstrated to be directly related to the provision 

2 of either type of nutrition services.’’; 

3 (B) in paragraph (5)(A)— 

4 (i) by striking ‘‘paragraphs (1) and 

5 (2) of’’; and 

6 (ii) by striking ‘‘30 percent’’ and in7 serting ‘‘25 percent’’; 

8 (C) in paragraph (6), by striking ‘‘to make 

9 a transfer under paragraph (4)(A) or’’ and in10 serting ‘‘to determine how to use funds under 

11 paragraph (4)(C) or to make a transfer under’’; 

12 and 

13 (D) in paragraph (7)— 

14 (i) by striking ‘‘transfers described in 

15 paragraphs (4)(A) and’’ each place it ap16 pears and inserting ‘‘a determination about 

17 how to use funds under paragraph (4)(C) 

18 or a transfer under paragraph’’; and 

19 (ii) in subparagraph (C), by striking 

20 ‘‘effect of the transfers’’ and inserting ‘‘ef21 fect of the determination or transfer’’. 

22 SEC. 307. CONSUMER CONTRIBUTIONS. 

23 Section 315 of the Older Americans Act of 1965 (42 

24 U.S.C. 3030c–2) is amended— 

25 (1) in subsection (b)— 


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1 (A) in paragraph (1), by striking ‘‘185 

2 percent’’ and inserting ‘‘200 percent’’; and 

3 (B) in paragraph (3), by adding at the end 

4 the following: ‘‘Contributions under this section 

5 shall be used to supplement, and not to sup6 plant, any other funds expended for activities 

7 described in this Act.’’; 

8 (2) in subsection (c)(2), by striking ‘‘participa9 tion of’’ and all that follows through ‘‘rural areas)’’ 

10 and inserting ‘‘participation of older individuals with 

11 greatest economic need and older individuals with 

12 greatest social need (with particular attention to in13 dividuals with factors listed in section 102(25))’’; 

14 and 

15 (3) in subsection (d)— 

16 (A) by striking ‘‘Not later’’ and all that 

17 follows through ‘‘shall conduct’’ and inserting 

18 ‘‘Not later than January 1, 2014, and annually 

19 thereafter, the Assistant Secretary shall con20 duct, and submit to the appropriate committees 

21 of Congress a report containing the results of,’’; 

22 (B) by striking ‘‘(with particular’’ and all 

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1 uals with greatest social need (with particular 

2 attention to individuals with factors listed in 

3 section 102(25))’’; and 

4 (C) by adding at the end the following: 

5 ‘‘The Assistant Secretary shall include in the 

6 report an evaluation of the methods used, by 

7 the area agencies on aging and service providers 

8 under this Act, to ensure that the consumer 

9 contributions are used to supplement the serv10 ices for which the contributions were col11 lected.’’. 

12 SEC. 308. SUPPORTIVE SERVICES AND SENIOR CENTERS 

13 PROGRAM. 

14 Section 321(b)(1) of the Older Americans Act of 

15 1965 (42 U.S.C. 3030d(b)(1)) is amended by inserting 

16 ‘‘or modernization’’ after ‘‘construction’’. 

17 SEC. 309. DISEASE PREVENTION AND HEALTH PROMOTION 

18 SERVICES. 

19 (a) PROGRAM.—Section 361 of the Older Americans 

20 Act of 1965 (42 U.S.C. 3030m) is amended— 

21 (1) in subsection (a), in the first sentence— 

22 (A) by inserting ‘‘evidence-based’’ after ‘‘to 

23 provide’’; 

24 (B) by inserting ‘‘(through programs such 

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1 ness Prevention Achieved Through Regional 

2 Collaboration program)’’ after ‘‘promotion serv3 ices’’; and 

4 (C) by inserting before ‘‘or at’’ the fol5 lowing: ‘‘the Federally Qualified Health Centers 

6 (as defined in sections 1861(aa)(4) and 

7 1905(l)(2)(B) of the Social Security Act (42 

8 U.S.C. 1395x(aa)(4), 1396d(l)(2)(B))),’’; 

9 (2) by striking subsection (b); and 

10 (3) by redesignating subsection (c) as sub11 section (b). 

12 (b) STATE OPTION TO FUND SERVICES DI13 RECTLY.—Section 362 of the Older Americans Act of 

14 1965 (42 U.S.C. 3030n) is amended— 

15 (1) by striking the section heading and all that 

16 follows through ‘‘the State’’ and inserting the fol17 lowing: 

18 ‘‘SEC. 362. PRIORITY PLANNING AND SERVICE AREAS; DI19 RECT FUNDING OF SERVICES BY STATE. 

20 ‘‘(a) PRIORITY PLANNING AND SERVICE AREAS.— 

21 The State’’; and 

22 (2) by adding after subsection (a), as so des23 ignated, the following: 

24 ‘‘(b) STATE OPTION TO FUND SERVICES DI25 RECTLY.—As an alternative to providing for services 


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1 under this part by distributing grant funds from such a 

2 grant to area agencies on aging, a State agency may, at 

3 its discretion, utilize some or all of such grant funds to 

4 provide for such services directly, if the State agency de5 termines that providing the services directly will facilitate 

6 statewide access to such services and maximize the impact 

7 of available grant funding.’’. 

8 (c) CLINICAL PREVENTIVE SERVICES.—Part D of 

9 title III of the Older Americans Act of 1965 (42 U.S.C. 

10 3030m et seq.) is amended by adding at the end the fol11 lowing: 

12 ‘‘SEC. 363. CLINICAL PREVENTIVE SERVICES. 

13 ‘‘(a) FINDING.—Congress finds that the clinical pre14 ventive services described in subsection (c) are covered 

15 under the Medicare program carried out under title XVIII 

16 of the Social Security Act (42 U.S.C. 1395 et seq.). 

17 ‘‘(b) PURPOSES.—The purpose of this section is to 

18 increase the number of older individuals receiving, at a 

19 minimum, the clinical preventive services. 

20 ‘‘(c) DEFINITION.—In this part, the term ‘disease 

21 prevention and health promotion services’ includes diabe22 tes screening and the clinical preventive services consisting 

23 of— 

24 ‘‘(1) provision of influenza vaccines; 

25 ‘‘(2) provision of pneumococcal vaccines; 


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1 ‘‘(3) breast cancer screening; 

2 ‘‘(4) cervical cancer screening; 

3 ‘‘(5) colorectal cancer screening; 

4 ‘‘(6) hypertension screening; and 

5 ‘‘(7) cholesterol screening.’’. 

6 SEC. 310. NATIONAL FAMILY CAREGIVER SUPPORT PRO7 GRAM. 

8 Section 373 of the Older Americans Act of 1965 (42 

9 U.S.C. 3030s–1) is amended— 

10 (1) in subsection (b)— 

11 (A) in paragraph (4), by striking ‘‘and’’ at 

12 the end; 

13 (B) in paragraph (5), by striking the pe14 riod and inserting ‘‘; and’’; and 

15 (C) by adding at the end the following: 

16 ‘‘(6) for the efforts of the Ombudsman to facili17 tate the activities of, and support, the State Long18 Term Care Ombudsman program under title VII 

19 and this title for the efforts of the Ombudsman to 

20 facilitate the activities of, and support, family and 

21 caregiver councils in long-term care facilities.’’; and 

22 (2) in subsection (c)— 

23 (A) in paragraph (1)(B), by striking ‘‘sec24 tion 102(22).’’ and inserting ‘‘section 

25 102(23).’’; and 


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1 (B) in paragraph (2)(A), by striking ‘‘care2 givers’’ and all that follows and inserting ‘‘care3 givers who are older individuals with greatest 

4 economic need or older individuals with greatest 

5 social need (with particular attention to individ6 uals with factors listed in section 102(25)); 

7 and’’. 

8 SEC. 311. LIVABLE COMMUNITIES GRANT PROGRAM. 

9 Title III of the Older Americans Act of 1965 (42 

10 U.S.C. 3001 et seq.) is amended by adding at the end 

11 the following: 

12 ‘‘PART VI—LIVABLE COMMUNITIES 

13 ‘‘SEC. 381. LIVABLE COMMUNITIES GRANT PROGRAM. 

14 ‘‘(a) DEFINITIONS.—In this section: 

15 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en16 tity’ means— 

17 ‘‘(A) a State; 

18 ‘‘(B) an area agency on aging; or 

19 ‘‘(C) a tribal or Native Hawaiian organiza20 tion. 

21 ‘‘(2) LIVABLE COMMUNITY.—The term ‘livable 

22 community’ means a metropolitan, urban, suburban, 

23 or rural community in which— 

24 ‘‘(A) safe, reliable, and accessible transpor25 tation choices exist; 


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1 ‘‘(B) long-term, affordable, accessible, en2 ergy-efficient, and conveniently located housing 

3 choices exist for people of all ages, incomes, 

4 races, and ethnicities; 

5 ‘‘(C) the growth of neighborhoods is sup6 ported, revitalized, and encouraged, and the 

7 cost-effectiveness of infrastructure is maxi8 mized; 

9 ‘‘(D) economic development and economic 

10 competitiveness are promoted; 

11 ‘‘(E) the environment and natural re12 sources are preserved; 

13 ‘‘(F) agricultural land, rural land, and 

14 green space are protected; and 

15 ‘‘(G) public health is supported, improving 

16 the quality of life for residents of, and workers 

17 in, the community. 

18 ‘‘(3) TRIBAL OR NATIVE HAWAIIAN ORGANIZA19 TION.—The term ‘tribal or Native Hawaiian organi20 zation’ means an organization that is eligible to re21 ceive a grant under title VI. 

22 ‘‘(b) IN GENERAL.—The Assistant Secretary shall 

23 award grants, from allotments made under subsection 

24 (c)(1) and as described in subsection (c)(2), to eligible en25 tities to pay for the Federal share of the cost of assisting 


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1 communities in preparing for the aging of the population, 

2 through activities described in subsection (e). 

3 ‘‘(c) AVAILABILITY OF FUNDS.— 

4 ‘‘(1) STATES AND AREA AGENCIES ON AGING.— 

5 Subject to paragraph (4), from the sums appro6 priated under subsection (i) for each of fiscal years 

7 2013, 2014, 2015, 2016, and 2017, the Assistant 

8 Secretary shall allot funds under this section in the 

9 amount of— 

10 ‘‘(A) $30,000 to each State; and 

11 ‘‘(B) $30,000 to each area agency on 

12 aging. 

13 ‘‘(2) TRIBAL OR NATIVE HAWAIIAN ORGANIZA14 TIONS.—Subject to paragraph (4), from the sums 

15 appropriated under subsection (i) for each of fiscal 

16 years 2013, 2014, 2015, 2016, and 2017, the As17 sistant Secretary shall reserve $1,500,000, and use 

18 the reserved funds for grants to tribal or Native Ha19 waiian organizations. 

20 ‘‘(3) NATIONAL RESOURCE CENTER.—Subject 

21 to paragraph (4), from the sums appropriated under 

22 subsection (i) for each of fiscal years 2013, 2014, 

23 2015, 2016, and 2017, the Assistant Secretary shall 

24 reserve $3,000,000, and use the reserved funds for 


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1 a grant to the national organization selected under 

2 subsection (f)(1). 

3 ‘‘(4) INSUFFICIENT APPROPRIATIONS.—Not4 withstanding paragraphs (1), (2), and (3), if the 

5 amount appropriated under subsection (i) for a fis6 cal year is insufficient for the Assistant Secretary to 

7 provide all the allotments described in paragraph 

8 (1), and to reserve the amounts described in para9 graphs (2) and (3), for that fiscal year, the Sec10 retary shall proportionately reduce the number of al11 lotments made under paragraph (1), and the amount 

12 of each reservation described in paragraph (2) or (3) 

13 for that fiscal year. 

14 ‘‘(d) APPLICATION.—An eligible entity desiring a 

15 grant under this section shall submit an application to the 

16 Assistant Secretary at such time, in such manner, and ac17 companied by such information as the Assistant Secretary 

18 may require. 

19 ‘‘(e) USE OF GRANT FUNDS.—An eligible entity may 

20 use the funds made available through a grant— 

21 ‘‘(1) to hire a professional planner to help State 

22 agencies, local elected officials, local government 

23 agencies, tribal or Native Hawaiian organizations, 

24 and private and nonprofit organizations to develop 


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1 policies, programs, and services to foster livable com2 munities for people of all ages; 

3 ‘‘(2) to assess the aging population; and 

4 ‘‘(3) to coordinate the activities of State and 

5 local agencies in order to meet the needs of older in6 dividuals. 

7 ‘‘(f) NATIONAL RESOURCE CENTER.— 

8 ‘‘(1) IN GENERAL.—The Assistant Secretary 

9 shall make a grant to a national organization, as de10 scribed in subsection (c)(3), to establish a National 

11 Resource Center on Livable Communities for All 

12 Ages to provide technical assistance to eligible enti13 ties awarded grants under subsection (b). 

14 ‘‘(2) CRITERIA FOR SELECTION.—The national 

15 organization selected under paragraph (1) shall have 

16 a proven capacity to provide training and technical 

17 assistance to support States, area agencies on aging, 

18 and tribal or Native Hawaiian organizations, in en19 gaging in community planning activities. 

20 ‘‘(3) APPLICATION.—A national organization 

21 desiring the grant under this subsection shall submit 

22 an application to the Assistant Secretary at such 

23 time, in such manner, and accompanied by such in24 formation as the Assistant Secretary may require. 

25 ‘‘(g) FEDERAL SHARE.— 


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1 ‘‘(1) IN GENERAL.—Except as provided in para2 graph (2), the Federal share of the cost described in 

3 subsection (b) shall be 75 percent. 

4 ‘‘(2) EXCEPTIONS.— 

5 ‘‘(A) SMALL AND RURAL COMMUNITIES.— 

6 In the case of an eligible entity that is an area 

7 agency on aging that serves an area with less 

8 than 200,000 in population, the Federal share 

9 of the cost described in subsection (b) may be 

10 80 percent. 

11 ‘‘(B) TRIBAL OR NATIVE HAWAIIAN ORGA12 NIZATIONS.—In the case of an eligible entity 

13 that is a tribal or Native Hawaiian organiza14 tion, the Federal share of the cost described in 

15 subsection (b) shall be 100 percent. 

16 ‘‘(3) NON-FEDERAL SHARE.— 

17 ‘‘(A) IN-KIND CONTRIBUTIONS.—For the 

18 purpose of this section, the non-Federal share 

19 of the cost may be provided in cash or in-kind, 

20 fairly evaluated. 

21 ‘‘(B) OTHER FEDERAL FUNDING.—An eli22 gible entity may use Federal funds appropriated 

23 under this Act and available to carry out sec24 tion 306, 307, 614, or 624, as the case may be, 


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1 towards providing the non-Federal share of the 

2 cost. 

3 ‘‘(h) APPLICATION OF GENERAL PROVISIONS.—Sec4 tions 301 through 316 shall not be considered to apply 

5 to this part. 

6 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— 

7 ‘‘(1) IN GENERAL.—There are authorized to be 

8 appropriated to carry out this part such sums as 

9 may be necessary for fiscal years 2013, 2014, 2015, 

10 2016, and 2017. 

11 ‘‘(2) SENSE OF THE SENATE.—It is the sense 

12 of the Senate that the amount appropriated under 

13 paragraph (1) should be not less than $25,000,000 

14 for fiscal year 2013.’’. 

15 TITLE IV—ACTIVITIES FOR 

16 HEALTH, INDEPENDENCE, 

17 AND LONGEVITY 

18 SEC. 401. CONFORMING AMENDMENT. 

19 Section 417(c)(2) of the Older Americans Act of 

20 1965 (42 U.S.C. 3032f(c)(2)) is amended by striking 

21 ‘‘older individuals and communities’’ and all that follows 

22 and inserting ‘‘communities with greatest need, older indi23 viduals with greatest economic need, and older individuals 

24 with greatest social need (with particular attention to indi25 viduals with factors listed in section 102(25));’’. 


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1 SEC. 402. MULTIPURPOSE SENIOR CENTER MODERNIZA2 TION, TRAINING, AND SUPPORT. 

3 Part A of title IV of the Older Americans Act of 1965 

4 (42 U.S.C. 3032 et seq.) is amended by adding at the end 

5 the following: 

6 ‘‘SEC. 423. MULTIPURPOSE SENIOR CENTER MODERNIZA7 TION, TRAINING, AND SUPPORT. 

8 ‘‘(a) PROGRAM AUTHORIZED.—The Assistant Sec9 retary shall award grants and enter into contracts with 

10 eligible entities to carry out projects to— 

11 ‘‘(1) support and promote modern multipurpose 

12 senior center models which yield vibrant, multi13 service, multigenerational centers for older individ14 uals, families of older individuals, and others in the 

15 community to gain skills, resources, and connections 

16 needed to meet the challenges that occur with con17 tinuum of care and quality of life; 

18 ‘‘(2) build an evidence base of modern, 

19 replicable practices that allow senior centers to serve 

20 a diverse array of older individuals, as well as their 

21 families and other caregivers, leveraging innovative 

22 partnerships and public and private resources to de23 velop and expand programs; and 

24 ‘‘(3) mobilize services and leverage resources to 

25 support the role of multipurpose senior centers as 

26 community focal points, as provided in section 


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1 306(a)(3), and for the establishment, construction, 

2 maintenance, and operation of centers, as described 

3 in sections 303(c)(2) and 306(a)(1), including devel4 opment of intergenerational shared site models, con5 sistent with the purposes of this Act. 

6 ‘‘(b) USE OF FUNDS.—An eligible entity shall use 

7 funds made available under a grant awarded, or a contract 

8 entered into, under subsection (a) to— 

9 ‘‘(1) carry out a project described in subsection 

10 (a); and 

11 ‘‘(2) evaluate the project in accordance with 

12 subsection (f). 

13 ‘‘(c) APPLICATION.—To be eligible to receive a grant 

14 or enter into a contract under subsection (a), an eligible 

15 entity shall submit an application to the Assistant Sec16 retary at such time, in such manner, and accompanied by 

17 such information as the Assistant Secretary may reason18 ably require. 

19 ‘‘(d) ELIGIBLE ENTITY.—For purposes of this sec20 tion, the term ‘eligible entity’ means— 

21 ‘‘(1) a multipurpose senior center that has met 

22 national accreditation and fiduciary standards; and 

23 ‘‘(2) a regional partnership or collaboration of 

24 multipurpose senior centers or State association of 


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1 senior centers in which not less than 2 centers are 

2 accredited. 

3 ‘‘(e) COMPETITIVE GRANTS FOR TECHNICAL ASSIST4 ANCE.— 

5 ‘‘(1) GRANTS.—The Assistant Secretary shall 

6 make a grant, on a competitive basis, to an eligible 

7 nonprofit organization described in paragraph (2), to 

8 enable the organization to— 

9 ‘‘(A) provide training and technical assist10 ance to recipients of grants under this section 

11 and other multipurpose senior centers to adopt 

12 and tailor evidence-based modernization strate13 gies and practices to respond to the economic 

14 and health needs of the diverse and growing 

15 aging populations in their own communities; 

16 and 

17 ‘‘(B) carry out other duties, as determined 

18 by the Assistant Secretary. 

19 ‘‘(2) ELIGIBLE NONPROFIT ORGANIZATION.— 

20 To be eligible to receive a grant under this sub21 section, an organization shall be a nonprofit organi22 zation (including a partnership of nonprofit organi23 zations), that— 

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1 purpose senior centers and experience evalu2 ating and reporting on programs; and 

3 ‘‘(B) has demonstrated knowledge of and 

4 expertise in multipurpose senior center accredi5 tation or other standards of excellence. 

6 ‘‘(3) APPLICATION.—To be eligible to receive a 

7 grant under this subsection, an organization (includ8 ing a partnership of nonprofit organizations) shall 

9 submit an application to the Assistant Secretary at 

10 such time, in such manner, and containing such in11 formation as the Assistant Secretary may require, 

12 including an assurance that the organization will 

13 submit to the Assistant Secretary such evaluations 

14 and reports as the Assistant Secretary may require. 

15 ‘‘(f) LOCAL EVALUATION AND REPORT.— 

16 ‘‘(1) EVALUATION.—Each entity receiving a 

17 grant or a contract under subsection (a) to carry out 

18 a project described in subsection (a) shall evaluate 

19 the project, leadership, and resources for the mod20 ernization of multipurpose senior centers to deter21 mine— 

22 ‘‘(A) the effectiveness of the project in pro23 ducing innovations and mobilizing resources; 


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1 ‘‘(B) the impact on older individuals, fami2 lies of older individuals, and the community 

3 being served; and 

4 ‘‘(C) the potential for the project to be rep5 licated by other multipurpose senior centers, 

6 noting the necessary resources and partnerships 

7 and the types of populations and communities 

8 best suited for the model. 

9 ‘‘(2) REPORT.—The entity described in para10 graph (1) shall submit a report to the Assistant Sec11 retary containing the evaluation not later than 6 

12 months after the expiration of the period for which 

13 the grant or contract is in effect. 

14 ‘‘(g) REPORT TO CONGRESS.—Not later than 6 

15 months after the Assistant Secretary receives the reports 

16 described in subsection (f)(2), the Assistant Secretary 

17 shall prepare and submit to Congress a report that as18 sesses the evaluations and includes, at a minimum— 

19 ‘‘(1) a description of the nature and operation 

20 of the projects funded under this section and other 

21 activities conducted in support of such projects; 

22 ‘‘(2) the findings resulting from the evaluations 

23 of the model projects conducted under this section; 

24 ‘‘(3) a description of recommended best prac25 tices of modern multipurpose senior centers; 


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1 ‘‘(4) a strategy for disseminating the findings 

2 resulting from the projects described in paragraph 

3 (1); and 

4 ‘‘(5) recommendations for legislative or admin5 istrative action, as the Assistant Secretary deter6 mines appropriate.’’. 

7 TITLE V—COMMUNITY SERVICE 

8 SENIOR OPPORTUNITIES 

9 SEC. 501. OLDER AMERICAN COMMUNITY SERVICE EM10 PLOYMENT PROGRAM. 

11 Section 502 of the Older Americans Act of 1965 (42 

12 U.S.C. 3056) is amended— 

13 (1) in subsection (b)— 

14 (A) in paragraph (1)— 

15 (i) in the matter preceding subpara16 graph (A), in the first sentence, by insert17 ing after ‘‘nonprofit private agencies and 

18 organizations’’ the following: ‘‘(which non19 profit organizations may include eligible 

20 technology organizations)’’; 

21 (ii) in subparagraph (E), by striking 

22 ‘‘support for children,’’ and inserting ‘‘sup23 port for adults, children,’’; 

24 (iii) in subparagraph (M), by striking 

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1 nomic need’’ and inserting ‘‘eligible indi2 viduals with disabilities, eligible individuals 

3 with greatest economic need, and eligible 

4 individuals with greatest social need’’; 

5 (iv) in subparagraph (Q), by striking 

6 ‘‘and’’ at the end; 

7 (v) in subparagraph (R), by striking 

8 the period and inserting ‘‘; and’’; and 

9 (vi) by adding at the end the fol10 lowing: 

11 ‘‘(S) will, to the maximum extent prac12 ticable, achieve the goal described in paragraph 

13 (4).’’; and 

14 (B) by adding at the end the following: 

15 ‘‘(4) PLACEMENT GOAL.— 

16 ‘‘(A) GOAL.—In order to maximize the 

17 number of older individuals being served, each 

18 grantee under this title shall, to the maximum 

19 extent practicable, achieve a goal, referred to 

20 paragraph (1)(S), of placing not less than 50 

21 percent of the participants in the grantee’s 

22 project in positions with organizations that as23 sist older adults or in positions with duties that 

24 positively impact the lives of older adults. 


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1 ‘‘(B) CONTRACTS WITH SERVICE PRO2 VIDERS.—In order to achieve the goal described 

3 in subparagraph (A), each such grantee shall 

4 enter into a contract or memorandum of under5 standing with— 

6 ‘‘(i) entities from 2 or more categories 

7 of entities, which categories shall consist 

8 of— 

9 ‘‘(I) the State Long-Term Care 

10 Ombudsman selected in accordance in 

11 section 712; 

12 ‘‘(II) an area agency on aging; 

13 ‘‘(III) a multipurpose senior cen14 ter; 

15 ‘‘(IV) a contractor providing a 

16 system of support services under part 

17 E of title III; and 

18 ‘‘(V) a transportation service pro19 vider; or 

20 ‘‘(ii) an entity approved by the Assist21 ant Secretary, and the Secretary of 

22 Labor.’’; and 

23 (2) in subsection (e)(2)— 

24 (A) in subparagraph (E), by striking 

25 ‘‘and’’ at the end; 


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1 (B) in subparagraph (F), by striking the 

2 period and inserting ‘‘; and’’; and 

3 (C) by adding at the end the following: 

4 ‘‘(G) a project carried, out by an eligible 

5 technology organization, that will focus on the 

6 provision to eligible individuals of— 

7 ‘‘(i) basic and intermediate computer 

8 skills; 

9 ‘‘(ii) Internet skills; 

10 ‘‘(iii) e-mail skills; 

11 ‘‘(iv) word processing and spreadsheet 

12 skills; 

13 ‘‘(v) presentation software skills; and 

14 ‘‘(vi) any other key skills appropriate 

15 for assisting eligible individuals in entering 

16 or re-entering the workforce.’’. 

17 SEC. 502. STATE PLAN. 

18 Section 503(a)(4)(C) of the Older Americans Act of 

19 1965 (42 U.S.C. 3056a(a)(4)(C)) is amended by striking 

20 clauses (i) through (iv) and inserting the following: 

21 ‘‘(i) minority and Indian eligible indi22 viduals; 

23 ‘‘(ii) eligible individuals with limited 

24 English proficiency; 


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1 ‘‘(iii) eligible individuals with disabil2 ities; 

3 ‘‘(iv) eligible individuals with greatest 

4 economic need; and 

5 ‘‘(v) eligible individuals with greatest 

6 social need;’’. 

7 SEC. 503. DISTRIBUTION OF ASSISTANCE. 

8 Section 506 of the Older Americans Act of 1965 (42 

9 U.S.C. 3056d) is amended— 

10 (1) in subsection (c)— 

11 (A) in paragraph (1), by striking ‘‘2000’’ in 

12 the paragraph heading and inserting ‘‘2010’’; 

13 (B) in paragraph (1)(A), by striking 

14 ‘‘2000’’ each place it appears and inserting 

15 ‘‘2010’’; and 

16 (C) in paragraph (2), by striking ‘‘2000’’ in 

17 the paragraph heading and inserting ‘‘2010’’; 

18 (2) in subsections (d) and (e), by striking 

19 ‘‘2000’’ each place it appears and inserting ‘‘2010’’; 

20 and 

21 (3) in subsection (g)(2)— 

22 (A) by striking ‘‘2000’’ in the paragraph 

23 heading and inserting ‘‘2010’’; and 

24 (B) by striking ‘‘2000’’ each place it ap25 pears and inserting ‘‘2010’’. 


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1 SEC. 504. INTERAGENCY COOPERATION. 

2 Section 514 of the Older Americans Act of 1965 (42 

3 U.S.C. 3056l) is amended— 

4 (1) in subsection (c)(1), by striking ‘‘individuals 

5 with greatest economic need, individuals with great6 est social need,’’ and inserting ‘‘individuals with 

7 greatest economic need, individuals with greatest so8 cial need (with particular attention to individuals 

9 with factors listed in section 102(25)),’’; and 

10 (2) in subsection (e)(1), by striking ‘‘minority’’ 

11 and all that follows through ‘‘economic need,’’ and 

12 inserting ‘‘individuals with greatest economic need, 

13 individuals with greatest social need,’’. 

14 SEC. 505. AUTHORIZATION OF APPROPRIATIONS. 

15 Section 517(a) of the Older Americans Act of 1965 

16 (42 U.S.C. 3056o(a)) is amended to read as follows: 

17 ‘‘(a) AUTHORIZATION.— 

18 ‘‘(1) IN GENERAL.—There are authorized to be 

19 appropriated to carry out this title such sums as 

20 may be necessary for fiscal years 2013, 2014, 2015, 

21 2016, and 2017. 

22 ‘‘(2) SENSE OF THE SENATE.—It is the sense 

23 of the Senate that the amount appropriated under 

24 paragraph (1) should not be less than $660,000,000 

25 for fiscal year 2013.’’. 


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1 SEC. 506. DEFINITIONS. 

2 Section 518(a) of the Older Americans Act of 1965 

3 (42 U.S.C. 3056p(a)) is amended by adding at the end 

4 the following: 

5 ‘‘(9) ELIGIBLE TECHNOLOGY ORGANIZATION.— 

6 The term ‘eligible technology organization’ includes 

7 a nonprofit organization that— 

8 ‘‘(A) has developed a research-based cur9 riculum specifically designated to help older 

10 adults improve their technology skills, such as 

11 a curriculum developed through a Broadband 

12 Technology Opportunities Program or a Tech13 nology Opportunities Program of the Depart14 ment of Commerce; or 

15 ‘‘(B) is an eligible provider of training 

16 services identified under section 122 of the 

17 Workforce Investment Act of 1998 (29 U.S.C. 

18 2842).’’. 

19 SEC. 507. STUDY ON FEASIBILITY OF TRANSFER OF PRO20 GRAM. 

21 (a) STUDY.—The Assistant Secretary for Aging of 

22 the Department of Health and Human Services, and the 

23 Secretary of Labor, shall study the feasibility of transfer24 ring the program carried out under title V of the Older 

25 Americans Act of 1965 (42 U.S.C. 3056 et seq.) to the 

26 Administration on Aging. 


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1 (b) REPORT.—Not later than 2 years after the date 

2 of enactment of this Act, the Assistant Secretary and the 

3 Secretary shall submit a report containing the results of 

4 the study to the appropriate committees of Congress. 

5 TITLE VI—VULNERABLE ELDER 

6 RIGHTS PROTECTION ACTIVI7 TIES 

8 SEC. 601. AUTHORIZATION OF APPROPRIATIONS FOR OM9 BUDSMAN PROGRAM. 

10 Section 702 of the Older Americans Act of 1965 (42 

11 U.S.C. 3058a) is amended— 

12 (1) in subsection (a), by striking ‘‘, such sums’’ 

13 and all that follows and inserting ‘‘, such sums as 

14 may be necessary for fiscal years 2013, 2014, 2015, 

15 2016, and 2017.’’; and 

16 (2) by adding at the end the following: 

17 ‘‘(d) SENSE OF CONGRESS.—It is the sense of Con18 gress that, in order to carry out chapter 2 (relating to 

19 Ombudsman programs), the amount appropriated under 

20 subsection (a) should be not less than $25,500,000 for fis21 cal year 2013.’’. 

22 SEC. 602. DEFINITIONS. 

23 Section 711(6) of the Older Americans Act of 1965 

24 (42 U.S.C. 3058f(6)) is amended by striking ‘‘older indi25 vidual’’ and inserting ‘‘individual’’. 


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

2 Section 712 of the Older Americans Act of 1965 (42 

3 U.S.C. 3058g) is amended— 

4 (1) in subsection (a)— 

5 (A) in paragraph (2), by adding at the end 

6 the following: ‘‘The Ombudsman shall be re7 sponsible for the management, including the fis8 cal management, of the Office.’’; 

9 (B) in paragraph (3)— 

10 (i) in subparagraph (D), by striking 

11 ‘‘regular and timely’’ and inserting ‘‘reg12 ular, timely, private, and unimpeded’’; and 

13 (ii) in subparagraph (H)(iii), by strik14 ing ‘‘provide technical support for’’ and in15 serting ‘‘actively encourage and assist in’’; 

16 (C) in paragraph (4)— 

17 (i) in the paragraph header, by strik18 ing ‘‘CONTRACTS AND ARRANGEMENTS’’ 

19 and inserting ‘‘ORGANIZATIONAL PLACE20 MENT’’; and 

21 (ii) by striking subparagraph (B) and 

22 inserting the following: 

23 ‘‘(B) IDENTIFYING, REMOVING, AND REM24 EDYING ORGANIZATIONAL CONFLICT.— 

25 ‘‘(i) IN GENERAL.—The State agency 

26 may not operate the Office or carry out the 


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1 program, directly, or by contract or other 

2 arrangement with any public agency or 

3 nonprofit private organization, in a case in 

4 which there is an organizational conflict of 

5 interest unless such conflict has been— 

6 ‘‘(I) identified by the State agen7 cy; 

8 ‘‘(II) disclosed by the State agen9 cy to the Assistant Secretary in writ10 ing; and 

11 ‘‘(III) remedied in accordance 

12 with this subparagraph. 

13 ‘‘(ii) REPORTING BY ANY PERSON OR

14 ENTITY.—Any person or entity may iden15 tify any potential or actual organizational 

16 conflict of interest involving the Office and 

17 report the conflict to the Assistant Sec18 retary for review and action under clause 

19 (iii). 

20 ‘‘(iii) ACTION BY ADMINISTRATION.— 

21 In a case in which a potential or actual or22 ganizational conflict of interest involving 

23 the Office is disclosed or reported to the 

24 Assistant Secretary, the Assistant SecVerDate Mar 15 2010 00:33 Jan 27, 2012 Jkt 019200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\S2037.IS S2037

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1 retary shall require that the State agen2 cy— 

3 ‘‘(I) remove the conflict; or 

4 ‘‘(II) submit, and obtain the ap5 proval of the Assistant Secretary for, 

6 an adequate remedial plan that indi7 cates how the Ombudsman will be 

8 unencumbered in fulfilling all of the 

9 functions specified in paragraph (3). 

10 ‘‘(C) ORGANIZATIONAL CONFLICT OF IN11 TEREST.—In this paragraph, the term ‘organi12 zational conflict of interest’ includes placement 

13 of the Office in an organization that— 

14 ‘‘(i) is responsible for licensing or cer15 tifying long-term care services in the State; 

16 ‘‘(ii) is an association (or an affiliate 

17 of such an association) of long-term care 

18 facilities, or of any other residential facili19 ties for older individuals; 

20 ‘‘(iii) provides long-term care services, 

21 including programs carried out under a 

22 Medicaid waiver approved under section 

23 1115 of the Social Security Act (42 U.S.C. 

24 1315) or under subsection (c) or (b) of 

25 1915 of the Social Security Act (42 U.S.C. 


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1 1396n), or under a Medicaid State plan 

2 amendment under subsection (i) of section 

3 1915 of the Social Security Act (42 U.S.C. 

4 1396n(i)); 

5 ‘‘(iv) provides long-term care case 

6 management; 

7 ‘‘(v) sets rates for long-term care 

8 services; 

9 ‘‘(vi) provides adult protective serv10 ices; 

11 ‘‘(vii) is responsible for eligibility de12 terminations for the Medicare program 

13 carried out under title XVIII, or the Med14 icaid program carried out under title XIX, 

15 of the Social Security Act (42 U.S.C. 1395 

16 et seq., 1396 et seq.); 

17 ‘‘(viii) conducts preadmission screen18 ing for placements in facilities described in 

19 clause (ii); or 

20 ‘‘(ix) makes decisions regarding ad21 mission of individuals to such facilities.’’; 

22 and 

23 (D) in paragraph (5)— 

24 (i) in subparagraph (A)— 


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1 (I) by striking ‘‘In carrying’’ and 

2 inserting the following: 

3 ‘‘(i) IN GENERAL.—In carrying’’; and 

4 (II) by adding at the end the fol5 lowing: 

6 ‘‘(ii) RELATIONSHIP WITH THE OF7 FICE.—The program shall be a unified 

8 program under the Office. Local Ombuds9 man entities and representatives shall re10 port to the Ombudsman on all functions, 

11 duties, and programmatic issues related to 

12 the program that are carried out or ad13 dressed by the entities or representatives. 

14 Case and other programmatic records 

15 maintained by representatives, employees, 

16 or volunteers of the local Ombudsman enti17 ty shall be considered to be the property of 

18 the Ombudsman.’’; and 

19 (ii) in subparagraph (B)(vi), by strik20 ing ‘‘support’’ and inserting ‘‘actively en21 courage and assist in’’; 

22 (2) in subsection (b)— 

23 (A) in paragraph (1)(B)(i), by striking 

24 ‘‘the medical and social records of a’’ and in25 serting ‘‘all records concerning a’’; and 


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1 (B) by adding at the end the following: 

2 ‘‘(3) For purposes of section 264(c) of the Health In3 surance Portability and Accountability Act of 1996 (in4 cluding regulations issued under that section) (42 U.S.C. 

5 1320d–2 note), the Ombudsman and a representative of 

6 the Office shall be considered a ‘health oversight agency,’ 

7 so that release of residents’ individually identifiable health 

8 information to the Ombudsman or representative is not 

9 precluded in cases in which the requirements of clause (i) 

10 or (ii) of paragraph (1)(B) are otherwise met.’’; 

11 (3) in subsection (d)— 

12 (A) in paragraph (1), by striking ‘‘files’’ 

13 and inserting ‘‘information’’; and 

14 (B) in paragraph (2)— 

15 (i) in the paragraph heading, by strik16 ing ‘‘IDENTITY OF COMPLAINANT OR RESI17 DENT’’ and inserting ‘‘PROCEDURES’’; 

18 (ii) in subparagraph (A)— 

19 (I) by striking ‘‘files and 

20 records’’ each place it appears and in21 serting ‘‘information’’; and 

22 (II) by striking ‘‘and’’ at the end; 

23 (iii) in subparagraph (B)— 


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1 (I) in the matter preceding clause 

2 (i), by striking ‘‘files and records’’ 

3 and inserting ‘‘information’’; and 

4 (II) in clause (iii), by striking the 

5 period and inserting ‘‘; and’’; and 

6 (iv) by adding at the end the fol7 lowing: 

8 ‘‘(C) require that the Ombudsman and 

9 representatives of the Office hold all commu10 nications with a complainant or resident who is 

11 seeking assistance in strict confidence and take 

12 all reasonable steps to safeguard the confiden13 tiality of information provided by the complain14 ant or resident.’’; 

15 (4) in subsection (f)(3)— 

16 (A) in subparagraph (C), by striking ‘‘fa17 cility; and’’ and inserting ‘‘or a related organi18 zation, and has not been employed by such a fa19 cility or organization within 2 years before the 

20 date of the determination involved;’’; 

21 (B) in subparagraph (D), by striking 

22 ‘‘and’’ at the end; and 

23 (C) by adding at the end the following: 

24 ‘‘(E) does not have management responsi25 bility for, nor operate under the supervision of, 


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1 an agency with responsibility for adult protec2 tive services; and 

3 ‘‘(F) does not serve as a guardian or in 

4 another fiduciary capacity for residents of long5 term care facilities in an official capacity (as 

6 opposed to serving as a guardian or fiduciary, 

7 for a family member, in a personal capacity); 

8 and’’; and 

9 (5) in subsection (h)— 

10 (A) by redesignating paragraphs (4) 

11 through (9) as paragraphs (5) through (10), re12 spectively; 

13 (B) by inserting after paragraph (3) the 

14 following: 

15 ‘‘(4) ensure that the Ombudsman attends train16 ing provided by the Administration through the Na17 tional Ombudsman Resource Center established in 

18 section 202(a)(18);’’; and 

19 (C) in paragraph (10), as redesignated by 

20 subparagraph (A) of this paragraph, by striking 

21 ‘‘(6), or (7)’’ and inserting ‘‘(7), or (8)’’. 

22 SEC. 604. STATE LEGAL ASSISTANCE DEVELOPMENT. 

23 Section 731 of the Older Americans Act of 1965 (42 

24 U.S.C. 3058j) is amended by striking ‘‘A State agency’’ 


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1 and all that follows through ‘‘to ensure—’’ and inserting 

2 the following: 

3 ‘‘(a) STATE LEGAL SERVICES DEVELOPER.—A State 

4 agency shall provide the services of an individual who shall 

5 be known as a State legal services developer, who shall 

6 promote, and may facilitate, the development and oper7 ation of an integrated legal assistance delivery system for 

8 the State. To the maximum extent practicable, the indi9 vidual selected to serve as the developer shall— 

10 ‘‘(1) agree to serve as the developer on a full11 time basis; 

12 ‘‘(2) have a law degree from an accredited law 

13 school or have been admitted to practice law in any 

14 jurisdiction in the United States; and 

15 ‘‘(3) possess other knowledge, skills, training, 

16 and education that reflect a comprehensive under17 standing of legal services for older individuals. 

18 ‘‘(b) OTHER PERSONNEL.—In addition to the State 

19 legal services developer, the State agency shall provide the 

20 services of other personnel, sufficient to ensure—’’. 

Æ 


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