In the House of Representatives, U. S., 

March 21, 2016. 

Resolved, That the bill from the Senate (S. 192) entitled 

‘‘An Act to reauthorize the Older Americans Act of 1965, 

and for other purposes.’’, do pass with the following 

AMENDMENT: 

Strike out all after the enacting clause and insert: 

1 SECTION 1. SHORT TITLE. 

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

3 Reauthorization Act of 2016’’. 

4 SEC. 2. DEFINITIONS. 

5 Section 102 of the Older Americans Act of 1965 (42 

6 U.S.C. 3002) is amended— 

7 (1) by striking paragraph (1) and inserting the 

8 following: 

9 ‘‘(1) The term ‘abuse’ means the knowing inflic10 tion of physical or psychological harm or the knowing 

11 deprivation of goods or services that are necessary to 

12 meet essential needs or to avoid physical or psycho13 logical harm.’’; 

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

15 following: 
2 

•S 192 EAH 

1 ‘‘(3) The term ‘adult protective services’ means 

2 such services provided to adults as the Secretary may 

3 specify and includes services such as— 

4 ‘‘(A) receiving reports of adult abuse, ne5 glect, or exploitation; 

6 ‘‘(B) investigating the reports described in 

7 subparagraph (A); 

8 ‘‘(C) case planning, monitoring, evaluation, 

9 and other casework and services; and 

10 ‘‘(D) providing, arranging for, or facili11 tating the provision of medical, social service, 

12 economic, legal, housing, law enforcement, or 

13 other protective, emergency, or support services.’’; 

14 (3) by striking paragraph (4) and inserting the 

15 following: 

16 ‘‘(4) The term ‘Aging and Disability Resource 

17 Center’ means an entity, network, or consortium es18 tablished by a State as part of the State system of 

19 long-term care, to provide a coordinated and inte20 grated system for older individuals and individuals 

21 with disabilities (as defined in section 3 of the Ameri22 cans with Disabilities Act of 1990 (42 U.S.C. 

23 12102)), and the caregivers of older individuals and 

24 individuals with disabilities, that provides— 
3 

•S 192 EAH 

1 ‘‘(A) comprehensive information on the full 

2 range of available public and private long-term 

3 care programs, options, service providers, and re4 sources within a community, including informa5 tion on the availability of integrated long-term 

6 care services, and Federal or State programs 

7 that provide long-term care services and supports 

8 through home and community-based service pro9 grams; 

10 ‘‘(B) person-centered counseling to assist in11 dividuals in assessing their existing or antici12 pated long-term care needs and goals, and devel13 oping and implementing a person-centered plan 

14 for long-term care that is consistent with the de15 sires of such an individual and designed to meet 

16 the individual’s specific needs, goals, and cir17 cumstances; 

18 ‘‘(C) access for individuals to the full range 

19 of publicly-supported long-term care services and 

20 supports for which the individuals may be eligi21 ble, including home and community-based serv22 ice options, by serving as a convenient point of 

23 entry for such programs and supports; and 

24 ‘‘(D) in cooperation with area agencies on 

25 aging, centers for independent living described in 
4 

•S 192 EAH 

1 part C of title VII of the Rehabilitation Act of 

2 1973 (29 U.S.C. 796f et seq.), and other commu3 nity-based entities, information and referrals re4 garding available home and community-based 

5 services for individuals who are at risk for resid6 ing in, or who reside in, institutional settings, so 

7 that the individuals have the choice to remain in 

8 or to return to the community.’’; 

9 (4) in paragraph (14)(B), by inserting ‘‘oral 

10 health,’’ after ‘‘bone density,’’; 

11 (5) by striking paragraph (17) and inserting the 

12 following: 

13 ‘‘(17) The term ‘elder justice’ means— 

14 ‘‘(A) from a societal perspective, efforts to— 

15 ‘‘(i) prevent, detect, treat, intervene in, 

16 and prosecute elder abuse, neglect, and ex17 ploitation; and 

18 ‘‘(ii) protect older individuals with di19 minished capacity while maximizing their 

20 autonomy; and 

21 ‘‘(B) from an individual perspective, the 

22 recognition of an older individual’s rights, in23 cluding the right to be free of abuse, neglect, and 

24 exploitation.’’; and 
5 

•S 192 EAH 

1 (6) in paragraph (18)(A), by striking ‘‘term ‘ex2 ploitation’ means’’ and inserting ‘‘terms ‘exploitation’ 

3 and ‘financial exploitation’ mean’’. 

4 SEC. 3. ADMINISTRATION ON AGING. 

5 (a) BEST PRACTICES.—Section 201 of the Older Amer6 icans Act of 1965 (42 U.S.C. 3011) is amended— 

7 (1) in subsection (d)(3)— 

8 (A) in subparagraph (H), by striking 

9 ‘‘202(a)(21)’’ and inserting ‘‘202(a)(18)’’; 

10 (B) in subparagraph (K), by striking ‘‘and’’ 

11 at the end; 

12 (C) in subparagraph (L)— 

13 (i) by striking ‘‘Older Americans Act 

14 Amendments of 1992’’ and inserting ‘‘Older 

15 Americans Act Reauthorization Act of 

16 2016’’; and 

17 (ii) by striking ‘‘712(h)(4).’’ and in18 serting ‘‘712(h)(5); and’’; and 

19 (D) by adding at the end the following: 

20 ‘‘(M) collect and analyze best practices related to 

21 responding to elder abuse, neglect, and exploitation in 

22 long-term care facilities, and publish a report of such 

23 best practices.’’; and 

24 (2) in subsection (e)(2), in the matter preceding 

25 subparagraph (A), by inserting ‘‘, and in coordina-
6 

•S 192 EAH 

1 tion with the heads of State adult protective services 

2 programs and the Director of the Office of Long-Term 

3 Care Ombudsman Programs’’ after ‘‘and services’’. 

4 (b) TRAINING.—Section 202 of the Older Americans 

5 Act of 1965 (42 U.S.C. 3012) is amended— 

6 (1) in subsection (a)— 

7 (A) in paragraph (5), by inserting ‘‘health 

8 and economic’’ before ‘‘needs of older individ9 uals’’; 

10 (B) in paragraph (7), by inserting ‘‘health 

11 and economic’’ before ‘‘welfare’’; 

12 (C) in paragraph (14), by inserting ‘‘(in13 cluding the Health Resources and Services Ad14 ministration)’’ after ‘‘other agencies’’; 

15 (D) in paragraph (27), by striking ‘‘and’’ 

16 at the end; 

17 (E) in paragraph (28), by striking the pe18 riod and inserting a semicolon; and 

19 (F) by adding at the end the following: 

20 ‘‘(29) provide information and technical assist21 ance to States, area agencies on aging, and service 

22 providers, in collaboration with relevant Federal 

23 agencies, on providing efficient, person-centered trans24 portation services, including across geographic bound25 aries; 
7 

•S 192 EAH 

1 ‘‘(30) identify model programs and provide in2 formation and technical assistance to States, area 

3 agencies on aging, and service providers (including 

4 providers operating multipurpose senior centers), to 

5 support the modernization of multipurpose senior 

6 centers; and 

7 ‘‘(31) provide technical assistance to and share 

8 best practices with States, area agencies on aging, 

9 and Aging and Disability Resource Centers, on how 

10 to collaborate and coordinate services with health care 

11 entities, such as Federally-qualified health centers, as 

12 defined in section 1905(l)(2)(B) of the Social Security 

13 Act (42 U.S.C. 1396d(l)(2)(B)), in order to improve 

14 care coordination for individuals with multiple 

15 chronic illnesses.’’; 

16 (2) in subsection (b)— 

17 (A) in paragraph (5)— 

18 (i) in subparagraph (B), by striking 

19 ‘‘and’’ after the semicolon; 

20 (ii) in subparagraph (C), by inserting 

21 ‘‘and’’ after the semicolon; and 

22 (iii) by adding at the end the fol23 lowing: 

24 ‘‘(D) when feasible, developing, in consulta25 tion with States and national organizations, a 
8 

•S 192 EAH 

1 consumer-friendly tool to assist older individuals 

2 and their families in choosing home and commu3 nity-based services, with a particular focus on 

4 ways for consumers to assess how providers pro5 tect the health, safety, welfare, and rights, in6 cluding the rights provided under section 314, of 

7 older individuals;’’; 

8 (B) in paragraph (8)— 

9 (i) in subparagraph (B), by inserting 

10 ‘‘to identify and articulate goals of care 

11 and’’ after ‘‘individuals’’; 

12 (ii) in subparagraph (D)— 

13 (I) by inserting ‘‘respond to or’’ 

14 before ‘‘plan’’; and 

15 (II) by striking ‘‘future long-term 

16 care needs; and’’ and inserting ‘‘long17 term care needs;’’; 

18 (iii) in subparagraph (E), by adding 

19 ‘‘and’’ at the end; and 

20 (iv) by adding at the end the following: 

21 ‘‘(F) to provide information and referrals 

22 regarding available home and community-based 

23 services for individuals who are at risk for resid24 ing in, or who reside in, institutional settings, so 
9 

•S 192 EAH 

1 that the individuals have the choice to remain in 

2 or to return to the community;’’; and 

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

4 ‘‘(g) The Assistant Secretary shall, as appropriate, en5 sure that programs authorized under this Act include ap6 propriate training in the prevention of abuse, neglect, and 

7 exploitation and provision of services that address elder jus8 tice and the exploitation of older individuals.’’. 

9 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

10 205 of the Older Americans Act of 1965 (42 U.S.C.3016) 

11 is amended by striking subsection (c). 

12 (d) REPORTS.—Section 207(a) of the Older Americans 

13 Act of 1965 (42 U.S.C. 3018(a)) is amended— 

14 (1) in paragraph (2), by striking ‘‘202(a)(19)’’ 

15 and inserting ‘‘202(a)(16)’’; and 

16 (2) in paragraph (4), by striking ‘‘202(a)(17)’’ 

17 and inserting ‘‘202(a)(14)’’. 

18 (e) AUTHORIZATION OF APPROPRIATIONS.—Section 

19 216 of the Older Americans Act of 1965 (42 U.S.C. 3020f) 

20 is amended— 

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

22 and all that follows through the period at the end, 

23 and inserting ‘‘$40,063,000 for each of the fiscal years 

24 2017, 2018, and 2019.’’; 
10 

•S 192 EAH 

1 (2) by amending subsection (b) to read as fol2 lows: 

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

4 ‘‘(1) to carry out section 202(a)(21) (relating to 

5 the National Eldercare Locator Service), $2,088,758 

6 for fiscal year 2017, $2,132,440 for fiscal year 2018, 

7 and $2,176,121 for fiscal year 2019; 

8 ‘‘(2) to carry out section 215, $1,904,275 for fis9 cal year 2017, $1,944,099 for fiscal year 2018, and 

10 $1,983,922 for fiscal year 2019; 

11 ‘‘(3) to carry out section 202 (relating to Elder 

12 Rights Support Activities under this title), $1,312,904 

13 for fiscal year 2017, $1,340,361 for fiscal year 2018, 

14 and $1,367,817 for fiscal year 2019; and 

15 ‘‘(4) to carry out section 202(b) (relating to the 

16 Aging and Disability Resource Centers), $6,271,399 

17 for fiscal year 2017, $6,402,551 for fiscal year 2018, 

18 and $6,533,703 for fiscal year 2019.’’; and 

19 (3) by striking subsection (c). 

20 SEC. 4. STATE AND COMMUNITY PROGRAMS ON AGING. 

21 (a) AUTHORIZATION OF APPROPRIATIONS.—Section 

22 303 of the Older Americans Act of 1965 (42 U.S.C. 3023) 

23 is amended— 

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

25 and all that follows through the period at the end, 
11 

•S 192 EAH 

1 and inserting ‘‘$356,717,276 for fiscal year 2017, 

2 $364,456,847 for fiscal year 2018, and $372,196,069 

3 for fiscal year 2019.’’; 

4 (2) in subsection (b)— 

5 (A) in paragraph (1), by striking ‘‘such 

6 sums’’ and all that follows through the period at 

7 the end, and inserting ‘‘$459,937,586 for fiscal 

8 year 2017, $469,916,692 for fiscal year 2018, 

9 and $479,895,348 for fiscal year 2019.’’; and 

10 (B) in paragraph (2), by striking ‘‘such 

11 sums’’ and all that follows through the period at 

12 the end, and inserting ‘‘$232,195,942 for fiscal 

13 year 2017, $237,233,817 for fiscal year 2018, 

14 and $242,271,465 for fiscal year 2019.’’; 

15 (3) in subsection (d), by striking ‘‘such sums’’ 

16 and all that follows through the period at the end, 

17 and inserting ‘‘$20,361,334 for fiscal year 2017, 

18 $20,803,107 for fiscal year 2018, and $21,244,860 for 

19 fiscal year 2019.’’; 

20 (4) in subsection (e)— 

21 (A) by striking ‘‘(1)’’ and all that follows 

22 through ‘‘(2)’’; and 

23 (B) by striking ‘‘$166,500,000’’ and all that 

24 follows through the period at the end, and insert25 ing ‘‘$154,336,482 for fiscal year 2017, 
12 

•S 192 EAH 

1 $157,564,066 for fiscal year 2018, and 

2 $160,791,658 for fiscal year 2019.’’ 

3 (b) ALLOTMENT.—Section 304 of the Older Americans 

4 Act of 1965 (42 U.S.C. 3024) is amended— 

5 (1) in subsection (a)(3), by striking subpara6 graph (D) and inserting the following: 

7 ‘‘(D)(i) For each of fiscal years 2017 through 2019, 

8 no State shall be allotted an amount that is less than 99 

9 percent of the amount allotted to such State for the previous 

10 fiscal year. 

11 ‘‘(ii) For fiscal year 2020 and each subsequent fiscal 

12 year, no State shall be allotted an amount that is less than 

13 100 percent of the amount allotted to such State for fiscal 

14 year 2019.’’; and 

15 (2) in subsection (b), by striking ‘‘subpart 1 of’’. 

16 (c) PLANNING AND SERVICE AREAS.—Section 

17 305(b)(5)(C)(i)(III) of the Older Americans Act of 1965 (42 

18 U.S.C. 3025(b)(5)(C)(i)(III)) is amended by striking ‘‘plan19 ning and services areas’’ and inserting ‘‘planning and serv20 ice areas’’. 

21 (d) AREA PLANS.—Section 306 of the Older Americans 

22 Act of 1965 (42 U.S.C. 3026) is amended— 

23 (1) in subsection (a)— 

24 (A) in paragraph (1), by striking ‘‘estab25 lishment, maintenance, or construction of multi-
13 

•S 192 EAH 

1 purpose senior centers,’’ and inserting ‘‘establish2 ment, maintenance, modernization, or construc3 tion of multipurpose senior centers (including a 

4 plan to use the skills and services of older indi5 viduals in paid and unpaid work, including 

6 multigenerational and older individual to older 

7 individual work),’’; and 

8 (B) in paragraph (6)— 

9 (i) in subparagraph (G), by adding 

10 ‘‘and’’ at the end; and 

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

12 ‘‘(H) in coordination with the State agency 

13 and with the State agency responsible for elder 

14 abuse prevention services, increase public aware15 ness of elder abuse, neglect, and exploitation, and 

16 remove barriers to education, prevention, inves17 tigation, and treatment of elder abuse, neglect, 

18 and exploitation, as appropriate;’’; and 

19 (2) in subsection (b)(3)— 

20 (A) in subparagraph (J), by striking ‘‘and’’ 

21 at the end; 

22 (B) by redesignating subparagraph (K) as 

23 subparagraph (L); and 

24 (C) by inserting after subparagraph (J) the 

25 following: 
14 

•S 192 EAH 

1 ‘‘(K) protection from elder abuse, neglect, 

2 and exploitation; and’’. 

3 (e) STATE PLANS.—Section 307(a)(2)(A) of the Older 

4 Americans Act of 1965 (42 U.S.C. 3027(a)(2)(A)) is amend5 ed by striking ‘‘202(a)(29)’’ and inserting ‘‘202(a)(26)’’. 

6 (f) NUTRITION SERVICES INCENTIVE PROGRAM.—Sec7 tion 311(e) of the Older Americans Act of 1965 (42 U.S.C. 

8 3030a(e)) is amended by striking ‘‘such sums’’ and all that 

9 follows through the period at the end, and inserting 

10 ‘‘$164,055,664 for fiscal year 2017, $167,486,502 for fiscal 

11 year 2018, and $170,917,349 for fiscal year 2019.’’. 

12 (g) SUPPORTIVE SERVICES.—Section 321 of the Older 

13 Americans Act of 1965 (42 U.S.C. 3030d) is amended— 

14 (1) in subsection (a)— 

15 (A) in paragraph (1), by striking ‘‘or refer16 ral services’’ and inserting ‘‘referral, chronic con17 dition self-care management, or falls prevention 

18 services’’; 

19 (B) in paragraph (8), by striking ‘‘(includ20 ing’’ and all that follows and inserting the fol21 lowing: ‘‘(including mental and behavioral 

22 health screening and falls prevention services 

23 screening) to detect or prevent (or both) illnesses 

24 and injuries that occur most frequently in older 

25 individuals;’’ and 
15 

•S 192 EAH 

1 (C) in paragraph (15), by inserting before 

2 the semicolon the following: ‘‘, and screening for 

3 elder abuse, neglect, and exploitation’’; 

4 (2) in subsection (b)(1), by inserting ‘‘or mod5 ernization’’ after ‘‘construction’’; 

6 (3) in subsection (c), by inserting before the pe7 riod the following: ‘‘, and pursue opportunities for the 

8 development of intergenerational shared site models 

9 for programs or projects, consistent with the purposes 

10 of this Act’’; and 

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

12 ‘‘(e) In this section, the term ‘adult child with a dis13 ability’ means a child who— 

14 ‘‘(1) is age 18 or older; 

15 ‘‘(2) is financially dependent on an older indi16 vidual who is a parent of the child; and 

17 ‘‘(3) has a disability.’’. 

18 (h) HOME DELIVERED NUTRITION SERVICES PRO19 GRAM.—Section 336(1) of the Older Americans Act of 1965 

20 (42 U.S.C. 3030f(1)) is amended by striking ‘‘canned’’ and 

21 all that follows through ‘‘meals’’ and inserting ‘‘canned, or 

22 fresh foods and, as appropriate, supplemental foods, and 

23 any additional meals’’. 

24 (i) NUTRITION SERVICES.—Section 339 of the Older 

25 Americans Act of 1965 (42 U.S.C. 3030g–21) is amended 
16 

•S 192 EAH 

1 (1) in paragraph (1), by striking ‘‘solicit’’ and 

2 inserting ‘‘utilize’’; and 

3 (2) in paragraph (2)— 

4 (A) in subparagraph (J), by striking ‘‘and’’ 

5 at the end; 

6 (B) in subparagraph (K), by striking the 

7 period and inserting ‘‘, and’’; and 

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

9 ‘‘(L) where feasible, encourages the use of lo10 cally grown foods in meal programs and identi11 fies potential partnerships and contracts with 

12 local producers and providers of locally grown 

13 foods.’’. 

14 (j) EVIDENCE-BASED DISEASE PREVENTION AND

15 HEALTH PROMOTION SERVICES PROGRAM.—Part D of title 

16 III of the Older Americans Act of 1965 (42 U.S.C. 3030m 

17 et seq.) is amended— 

18 (1) in the part heading, by inserting ‘‘EVI19 DENCE-BASED’’ before ‘‘DISEASE’’; and 

20 (2) in section 361(a), by inserting ‘‘evidence21 based’’ after ‘‘to provide’’. 

22 (k) OLDER RELATIVE CAREGIVERS.— 

23 (1) TECHNICAL AMENDMENT.—Part E of title 

24 III of the Older Americans Act of 1965 (42 U.S.C. 
17 

•S 192 EAH 

1 3030s et seq.) is amended by striking the subpart 

2 heading for subpart 1. 

3 (2) DEFINITIONS.—Section 372 of such Act (42 

4 U.S.C. 3030s) is amended— 

5 (A) in subsection (a)— 

6 (i) in paragraph (1), by striking ‘‘or 

7 who is an individual with a disability’’; 

8 and 

9 (ii) by striking paragraph (2) and in10 serting the following: 

11 ‘‘(2) INDIVIDUAL WITH A DISABILITY.—The term 

12 ‘individual with a disability’ means an individual 

13 with a disability, as defined in section 3 of the Amer14 icans with Disabilities Act of 1990 (42 U.S.C. 

15 12102), who is not less than age 18 and not more 

16 than age 59. 

17 ‘‘(3) OLDER RELATIVE CAREGIVER.—The term 

18 ‘older relative caregiver’ means a caregiver who— 

19 ‘‘(A)(i) is age 55 or older; and 

20 ‘‘(ii) lives with, is the informal provider of 

21 in-home and community care to, and is the pri22 mary caregiver for, a child or an individual 

23 with a disability; 

24 ‘‘(B) in the case of a caregiver for a child— 
18 

•S 192 EAH 

1 ‘‘(i) is the grandparent, 

2 stepgrandparent, or other relative (other 

3 than the parent) by blood, marriage, or 

4 adoption, of the child; 

5 ‘‘(ii) is the primary caregiver of the 

6 child because the biological or adoptive par7 ents are unable or unwilling to serve as the 

8 primary caregivers of the child; and 

9 ‘‘(iii) has a legal relationship to the 

10 child, such as legal custody, adoption, or 

11 guardianship, or is raising the child infor12 mally; and 

13 ‘‘(C) in the case of a caregiver for an indi14 vidual with a disability, is the parent, grand15 parent, or other relative by blood, marriage, or 

16 adoption, of the individual with a disability.’’; 

17 and 

18 (B) in subsection (b)— 

19 (i) by striking ‘‘subpart’’ and all that 

20 follows through ‘‘family caregivers’’ and in21 serting ‘‘part, for family caregivers’’; 

22 (ii) by striking ‘‘; and’’ and inserting 

23 a period; and 

24 (iii) by striking paragraph (2). 
19 

•S 192 EAH 

1 (l) NATIONAL FAMILY CAREGIVER SUPPORT PRO2 GRAM.—Section 373 of the Older Americans Act of 1965 

3 (42 U.S.C. 3030s–1) is amended— 

4 (1) in subsection (a)(2), by striking ‘‘grand5 parents or older individuals who are relative care6 givers.’’ and inserting ‘‘older relative caregivers.’’; 

7 (2) in subsection (c)— 

8 (A) in paragraph (1), in the matter pre9 ceding subparagraph (A), by striking ‘‘grand10 parents and older individuals who are relative 

11 caregivers, and who’’ and inserting ‘‘older rel12 ative caregivers, who’’; and 

13 (B) in paragraph (2)(B), by striking ‘‘to 

14 older individuals providing care to individuals 

15 with severe disabilities, including children with 

16 severe disabilities’’ and inserting ‘‘to older rel17 ative caregivers of children with severe disabil18 ities, or individuals with disabilities who have 

19 severe disabilities’’; 

20 (3) in subsection (e)(3), by striking ‘‘grand21 parents or older individuals who are relative care22 givers’’ and inserting ‘‘older relative caregivers’’; 

23 (4) in subsection (f)(1)(A), by striking ‘‘for fiscal 

24 years 2007, 2008, 2009, 2010, and 2011’’ and insert25 ing ‘‘for a fiscal year’’; and 
20 

•S 192 EAH 

1 (5) in subsection (g)(2)(C), by striking ‘‘grand2 parents and older individuals who are relative care3 givers of a child who is not more than 18 years of 

4 age’’ and inserting ‘‘older relative caregivers’’. 

5 (m) CONFORMING AMENDMENT.—Part E of title III 

6 is amended by striking ‘‘this subpart’’ each place it appears 

7 and inserting ‘‘this part’’. 

8 SEC. 5. ACTIVITIES FOR HEALTH, INDEPENDENCE, AND 

9 LONGEVITY. 

10 (a) GRANT PROGRAMS.—Section 411 of the Older 

11 Americans Act of 1965 (42 U.S.C. 3032) is amended— 

12 (1) in subsection (a)— 

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

14 at the end; 

15 (B) by redesignating paragraph (13) as 

16 paragraph (14); and 

17 (C) by inserting after paragraph (12) the 

18 following: 

19 ‘‘(13) continuing support for program integrity 

20 initiatives concerning the Medicare program under 

21 title XVIII of the Social Security Act (42 U.S.C. 1395 

22 et seq.) that train senior volunteers to prevent and 

23 identify health care fraud and abuse; and’’; 
21 

•S 192 EAH 

1 (2) in subsection (b), by striking ‘‘out’’ and all 

2 that follows through the period at the end, and insert3 ing the following: 

4 ‘‘out— 

5 ‘‘(1) aging network support activities under this 

6 section, $6,216,054 for fiscal year 2017, $6,346,048 

7 for fiscal year 2018, and $6,476,043 for fiscal year 

8 2019; and 

9 ‘‘(2) elder rights support activities under this 

10 section, $10,856,828 for fiscal year 2017, $11,083,873 

11 for fiscal year 2018, and $11,310,919 for fiscal year 

12 2019.’’. 

13 (b) NATIVE AMERICAN PROGRAMS.—Section 418(b) of 

14 the Older Americans Act of 1965 (42 U.S.C. 3032g(b)) is 

15 amended by striking ‘‘a national meeting to train’’ and in16 serting ‘‘national trainings for’’. 

17 (c) LEGAL ASSISTANCE FOR OLDER AMERICANS.— 

18 Section 420(c) of the Older Americans Act of 1965 (42 

19 U.S.C. 3032i(c)) is amended by striking ‘‘national’’. 

20 (d) REPEALS.—Sections 415, 419, and 421 of the 

21 Older Americans Act of 1965 (42 U.S.C. 3032d, 3032h, 

22 3032j) are repealed. 

23 (e) CONFORMING AMENDMENT.—Section 417(a)(1)(A) 

24 of the Older Americans Act of 1965 (42 U.S.C. 

25 3032f(a)(1)(A)) is amended by striking ‘‘grandparents and 
22 

•S 192 EAH 

1 other older individuals who are relative caregivers’’ and in2 serting ‘‘older relative caregivers (as defined in section 

3 372)’’. 

4 SEC. 6. AMENDMENTS TO COMMUNITY SERVICE SENIOR OP5 PORTUNITIES ACT. 

6 (a) OLDER AMERICAN COMMUNITY SERVICE EMPLOY7 MENT PROGRAM.—Section 502 of the Community Service 

8 Senior Opportunities Act (42 U.S.C. 3056) is amended— 

9 (1) in subsection (b)(1)— 

10 (A) in subparagraph (C)(ii), by striking 

11 ‘‘513(a)(2)(D)’’ and inserting ‘‘513(a)(2)(E)’’; 

12 and 

13 (B) in subparagraph (N)(i) by striking 

14 ‘‘Workforce Investment Act of 1998 (29 U.S.C. 

15 2801 et seq.)’’ and inserting ‘‘Workforce Innova16 tion and Opportunity Act (29 U.S.C. 3101 et 

17 seq.)’’; 

18 (2) in subsection (d)— 

19 (A) by inserting ‘‘and the local workforce 

20 development board’’ after ‘‘service area’’; and 

21 (B) by striking ‘‘and’’ after ‘‘State agency’’ 

22 and inserting ‘‘, the local workforce development 

23 board, and’’; and 
23 

•S 192 EAH 

1 (3) in subsection (e)(3), by inserting ‘‘, with the 

2 State workforce development board and local work3 force development board,’’ after ‘‘aging’’. 

4 (b) ADMINISTRATION.—Section 503 of the Community 

5 Service Senior Opportunities Act (42 U.S.C. 3056a) is 

6 amended— 

7 (1) in subsection (a)— 

8 (A) by redesignating paragraphs (6), (7), 

9 and (8) as paragraphs (7), (8), and (9), respec10 tively; 

11 (B) in paragraph (3), by striking ‘‘para12 graph (7)’’ and inserting ‘‘paragraph (8)’’; 

13 (C) in paragraph (4), by striking subpara14 graph (F) and inserting the following: 

15 ‘‘(F) how the activities of grantees in the 

16 State under this title will be coordinated with 

17 activities carried out in the State under title I 

18 of the Workforce Innovation and Opportunity 

19 Act (29 U.S.C. 3111 et seq.) and other related 

20 programs (referred to in this subparagraph as 

21 ‘WIOA and related activities’), and how the 

22 State will reduce unnecessary duplication be23 tween the activities carried out under this title 

24 and the WIOA and related activities.’’; and 
24 

•S 192 EAH 

1 (D) by inserting after paragraph (5) the fol2 lowing: 

3 ‘‘(6) COMBINED STATE PLAN.—In lieu of the 

4 plan described in paragraph (1), a State may develop 

5 and submit a combined State plan in accordance 

6 with section 103 of the Workforce Innovation and Op7 portunity Act (29 U.S.C. 3113). For a State that ob8 tains approval of such a combined State plan, that 

9 section 103 shall apply in lieu of this subsection and 

10 a reference in any other provision of this title (other 

11 than this subsection) to a State plan shall be consid12 ered to be a reference to that combined State plan.’’; 

13 and 

14 (2) in subsection (b)(2)(B)(i), by striking ‘‘Work15 force Investment Act of 1998’’ and inserting ‘‘Work16 force Innovation and Opportunity Act’’. 

17 (c) COORDINATION.—The heading of section 511 of the 

18 Community Service Senior Opportunities Act (42 U.S.C. 

19 3056i) is amended by striking ‘‘WORKFORCE INVEST20 MENT ACT OF 1998’’ and inserting ‘‘WORKFORCE INNO21 VATION AND OPPORTUNITY ACT’’. 

22 (d) PERFORMANCE.—Section 513 of the Community 

23 Service Senior Opportunities Act (42 U.S.C. 3056k) is 

24 amended— 

25 (1) in subsection (a)— 
25 

•S 192 EAH 

1 (A) in the subsection heading, by striking 

2 ‘‘AND INDICATORS’’; 

3 (B) in paragraph (1)— 

4 (i) in the paragraph heading, by strik5 ing ‘‘AND INDICATORS’’; and 

6 (ii) by striking ‘‘and additional indi7 cators of performance’’ each place it ap8 pears; 

9 (C) in paragraph (2)— 

10 (i) in subparagraph (A)— 

11 (I) by striking ‘‘(A)’’ and all that 

12 follows through ‘‘The’’ and inserting 

13 ‘‘(A) COMPOSITION OF MEASURES.— 

14 The’’; and 

15 (II) by striking clause (ii); 

16 (ii) by striking subparagraph (B); 

17 (iii) in subparagraph (C)— 

18 (I) by striking ‘‘(C)’’ and insert19 ing ‘‘(B)’’; and 

20 (II) in the first sentence, by strik21 ing ‘‘(A)(i)’’ and inserting ‘‘(A)’’; and 

22 (III) by striking the second sen23 tence; and 

24 (iv) by striking subparagraphs (D) 

25 and (E) and inserting the following: 
26 

•S 192 EAH 

1 ‘‘(C) AGREEMENT ON EXPECTED LEVELS OF

2 PERFORMANCE.— 

3 ‘‘(i) FIRST 2 YEARS.—Each grantee 

4 shall reach agreement with the Secretary on 

5 levels of performance for each measure de6 scribed in subparagraph (A)(i), for each of 

7 the first 2 program years covered by the 

8 grant agreement. In reaching the agreement, 

9 the grantee and the Secretary shall take 

10 into account the expected levels proposed by 

11 the grantee and the factors described in sub12 paragraph (D). The levels agreed to shall be 

13 considered to be the expected levels of per14 formance for the grantee for such program 

15 years. 

16 ‘‘(ii) THIRD AND FOURTH YEAR.— 

17 Each grantee shall reach agreement with the 

18 Secretary, prior to the third program year 

19 covered by the grant agreement, on levels of 

20 performance for each measure described in 

21 subparagraph (A), for each of the third and 

22 fourth program years so covered. In reach23 ing the agreement, the grantee and the Sec24 retary shall take into account the expected 

25 levels proposed by the grantee and the fac-
27 

•S 192 EAH 

1 tors described in subparagraph (D). The 

2 levels agreed to shall be considered to be the 

3 expected levels of performance for the grant4 ee for such program years. 

5 ‘‘(D) FACTORS.—In reaching the agree6 ments described in subparagraph (B), each 

7 grantee and the Secretary shall— 

8 ‘‘(i) take into account how the levels 

9 involved compare with the expected levels of 

10 performance established for other grantees; 

11 ‘‘(ii) ensure that the levels involved are 

12 adjusted, using an objective statistical 

13 model based on the model established by the 

14 Secretary in accordance with section 

15 116(a)(3)(A)(viii)) of the Workforce Invest16 ment and Opportunity Act (29 U.S.C. 

17 3141(a)(3)(A)(viii)); and 

18 ‘‘(iii) take into account the extent to 

19 which the levels involved promote contin20 uous improvement in performance account21 ability on the core measures and ensure op22 timal return on the investment of Federal 

23 funds. 

24 ‘‘(E) ADJUSTMENTS BASED ON ECONOMIC

25 CONDITIONS AND INDIVIDUALS SERVED DURING
28 

•S 192 EAH 

1 THE PROGRAM YEAR.—The Secretary shall, in 

2 accordance with the objective statistical model 

3 developed pursuant to subparagraph (D)(ii), ad4 just the expected levels of performance for a pro5 gram year for grantees, to reflect the actual eco6 nomic conditions and characteristics of partici7 pants in the corresponding projects during such 

8 program year.’’; and 

9 (D) in paragraph (3), by striking ‘‘and to 

10 report information on the additional indicators 

11 of performance’’; 

12 (2) in subsection (b)— 

13 (A) in paragraph (1)— 

14 (i) in the matter preceding subpara15 graph (A), by striking ‘‘(a)(2)(A)(i)’’ and 

16 inserting ‘‘(a)(2)(A)’’; and 

17 (ii) by striking subparagraphs (B) 

18 through (E) and inserting the following: 

19 ‘‘(B) the percentage of project participants 

20 who are in unsubsidized employment during the 

21 second quarter after exit from the project; 

22 ‘‘(C) the percentage of project participants 

23 who are in unsubsidized employment during the 

24 fourth quarter after exit from the project; 
29 

•S 192 EAH 

1 ‘‘(D) the median earnings of project partici2 pants who are in unsubsidized employment dur3 ing the second quarter after exit from the project; 

4 ‘‘(E) indicators of effectiveness in serving 

5 employers, host agencies, and project partici6 pants; and 

7 ‘‘(F) the number of eligible individuals 

8 served, including the number of participating in9 dividuals described in subsection (a)(3)(B)(ii) or 

10 (b)(2) of section 518.’’; 

11 (B) by striking paragraph (2); 

12 (C) by redesignating paragraph (3) as 

13 paragraph (2); and 

14 (D) in paragraph (2), as so redesignated, by 

15 striking ‘‘paragraphs (1) and (2)’’ and inserting 

16 ‘‘paragraph (1)’’; 

17 (3) in subsection (c)— 

18 (A) by striking ‘‘shall—’’ and all that fol19 lows through ‘‘annually evaluate’’ and inserting 

20 ‘‘shall annually evaluate’’; 

21 (B) by striking ‘‘(a)(2)(C)’’ and inserting 

22 ‘‘(a)(2)(B)’’; 

23 (C) by striking ‘‘(a)(2)(D)); and’’ and in24 serting ‘‘(a)(2)(E)).’’; and 

25 (D) by striking paragraph (2); 
30 

•S 192 EAH 

1 (4) in subsection (d)— 

2 (A) in paragraph (1)— 

3 (i) in subparagraph (A)— 

4 (I) by striking ‘‘2007’’ and insert5 ing ‘‘2016’’; 

6 (II) in clause (i)— 

7 (aa) by striking ‘‘(a)(2)(C)’’ 

8 and inserting ‘‘(a)(2)(B)’’; 

9 (bb) by striking ‘‘(a)(2)(D)’’ 

10 and inserting ‘‘(a)(2)(E)’’; and 

11 (cc) by striking ‘‘described’’ 

12 and all that follows and inserting 

13 a period; 

14 (III) by striking clause (ii); and 

15 (IV) by striking ‘‘2006’’ and all 

16 that follows through ‘‘(i) met’’ and in17 serting ‘‘2016, met’’; and 

18 (ii) in subparagraph (B)— 

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

20 ‘‘(A)(i); or’’ at the end and inserting 

21 ‘‘(A),’’; 

22 (II) by striking clause (ii); 

23 (III) by striking ‘‘2006—’’ and 

24 all that follows through ‘‘(i) failed’’ 

25 and inserting ‘‘2016, failed’’; and 
31 

•S 192 EAH 

1 (IV) by striking ‘‘and achieve the 

2 applicable percentage’’; 

3 (B) in paragraph (2)— 

4 (i) in subparagraph (A)— 

5 (I) by striking ‘‘(a)(2)(C)’’ and 

6 inserting ‘‘(a)(2)(B)’’; and 

7 (II) by striking ‘‘(a)(2)(D)’’ and 

8 inserting ‘‘(a)(2)(E)’’; and 

9 (ii) in subparagraph (B)(iii)— 

10 (I) by striking ‘‘(beginning with 

11 program year 2007)’’; and 

12 (II) by adding at the end the fol13 lowing: 

14 ‘‘(iv) USE OF CORE INDICATORS.—For 

15 purposes of assessing grantee performance 

16 under this subparagraph before program 

17 year 2017, the Secretary shall use the core 

18 indicators of performance in effect at the 

19 time of the award and the most recent cor20 responding expected levels of performance.’’; 

21 (C) in paragraph (3)— 

22 (i) in subparagraph (A)— 

23 (I) by striking ‘‘(a)(2)(C)’’ and 

24 inserting ‘‘(a)(2)(B)’’; and 
32 

•S 192 EAH 

1 (II) by striking ‘‘(a)(2)(D)’’ and 

2 inserting ‘‘(a)(2)(E)’’; and 

3 (ii) in subparagraph (B)(iii), by strik4 ing ‘‘(beginning with program year 2007)’’; 

5 and 

6 (D) by amending paragraph (4) to read as 

7 follows: 

8 ‘‘(4) SPECIAL RULE FOR IMPLEMENTATION.—The 

9 Secretary shall implement the core measures of per10 formance described in this section not later than De11 cember 31, 2017.’’; and 

12 (5) by amending subsection (e) to read as fol13 lows: 

14 ‘‘(e) IMPACT ON GRANT COMPETITION.—Effective on 

15 January 1, 2018, the Secretary may not publish a notice 

16 announcing a grant competition under this title, or solicit 

17 proposals for grants, until the day on which the Secretary 

18 implements the core measures of performance.’’. 

19 (e) COMPETITIVE REQUIREMENTS.—Section 514(c)(4) 

20 of the Community Service Senior Opportunities Act (42 

21 U.S.C. 3056l(c)(4)) is amended— 

22 (1) by striking ‘‘and addressing additional indi23 cators of performance’’; and 

24 (2) by striking ‘‘and additional indicators of 

25 performance’’. 
33 

•S 192 EAH 

1 (f) AUTHORIZATION OF APPROPRIATIONS.—Section 

2 517 of the Older Americans Act of 1965 (42 U.S.C. 3056o) 

3 is amended— 

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

5 and all that follows through the period at the end, 

6 and inserting ‘‘$445,189,405 for fiscal year 2017, 

7 $454,499,494 for fiscal year 2018, and $463,809,605 

8 for fiscal year 2019.’’; and 

9 (2) in subsection (b)— 

10 (A) in the 1st sentence— 

11 (i) by inserting ‘‘Federal’’ after ‘‘avail12 able for’’; and 

13 (ii) by striking ‘‘July’’ and inserting 

14 ‘‘April’’; and 

15 (B) by inserting after the 1st sentence the 

16 following: 

17 ‘‘Such amounts obligated to grantees shall be available for 

18 obligation and expenditure by grantees during the program 

19 year that begins on July 1 of the calendar year immediately 

20 following the beginning of the fiscal year in which the 

21 amounts are appropriated and that ends on June 30 of the 

22 following calendar year.’’. 

23 (g) DEFINITIONS.—Section 518(a) of the Community 

24 Service Senior Opportunities Act (42 U.S.C. 3056p(a)) is 

25 amended— 
34 

•S 192 EAH 

1 (1) by redesignating paragraphs (5) through (8) 

2 as paragraphs (6) through (9), respectively; and 

3 (2) by inserting after paragraph (4) the fol4 lowing: 

5 ‘‘(5) LOCAL WORKFORCE DEVELOPMENT BOARD; 

6 STATE WORKFORCE DEVELOPMENT BOARD.—The 

7 terms ‘local workforce development board’ and ‘State 

8 workforce development board’ have the meanings 

9 given the terms ‘local board’ and ‘State board’, respec10 tively, in section 3 of the Workforce Innovation and 

11 Opportunity Act (29 U.S.C. 3102).’’. 

12 SEC. 7. GRANTS FOR NATIVE AMERICANS. 

13 Section 643 of the Older Americans Act of 1965 (42 

14 U.S.C. 3057n) is amended— 

15 (1) in paragraph (1), by striking ‘‘such sums’’ 

16 and all that follows through the semicolon, and insert17 ing ‘‘$31,934,018 for fiscal year 2017, $32,601,843 for 

18 fiscal year 2018, and $33,269,670 for fiscal year 

19 2019;’’; and 

20 (2) in paragraph (2), by striking ‘‘such sums’’ 

21 and all that follows through the period at the end, 

22 and inserting ‘‘$7,718,566 for fiscal year 2017, 

23 $7,879,982 for fiscal year 2018, and $8,041,398 for 

24 fiscal year 2019.’’. 
35 

•S 192 EAH 

1 SEC. 8. VULNERABLE ELDER RIGHTS PROTECTION ACTIVI2 TIES. 

3 (a) AUTHORIZATION OF APPROPRIATIONS.—Section 

4 702 of the Older Americans Act of 1965 (42 U.S.C. 3058a) 

5 is amended— 

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

7 and all that follows through the period at the end, 

8 and inserting ‘‘$16,280,630 for fiscal year 2017, 

9 $16,621,101 for fiscal year 2018, and $16,961,573 for 

10 fiscal year 2019.’’; 

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

12 following: 

13 ‘‘(b) OTHER PROGRAMS.—There are authorized to be 

14 appropriated to carry out chapters 3 and 4, $4,891,876 for 

15 fiscal year 2017, $4,994,178 for fiscal year 2018, and 

16 $5,096,480 for fiscal year 2019.’’; and 

17 (3) by striking subsection (c). 

18 (b) OMBUDSMAN DEFINITIONS.—Section 711(6) of the 

19 Older Americans Act of 1965 (42 U.S.C. 3058f(6)) is 

20 amended by striking ‘‘older’’. 

21 (c) OMBUDSMAN PROGRAMS.—Section 712 of the Older 

22 Americans Act of 1965 (42 U.S.C. 3058g) is amended— 

23 (1) in subsection (a)— 

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

25 the following: ‘‘The Ombudsman shall be respon-
36 

•S 192 EAH 

1 sible for the management, including the fiscal 

2 management, of the Office.’’; 

3 (B) in paragraph (3)— 

4 (i) in subparagraph (A), by striking 

5 clause (i) and inserting the following: 

6 ‘‘(i) are made by, or on behalf of, resi7 dents, including residents with limited or 

8 no decisionmaking capacity and who have 

9 no known legal representative, and if such 

10 a resident is unable to communicate consent 

11 for an Ombudsman to work on a complaint 

12 directly involving the resident, the Ombuds13 man shall seek evidence to indicate what 

14 outcome the resident would have commu15 nicated (and, in the absence of evidence to 

16 the contrary, shall assume that the resident 

17 wishes to have the resident’s health, safety, 

18 welfare, and rights protected) and shall 

19 work to accomplish that outcome; and’’; 

20 (ii) in subparagraph (D), by striking 

21 ‘‘regular and timely’’ and inserting ‘‘reg22 ular, timely, private, and unimpeded’’; 

23 (iii) in subparagraph (H)(iii)— 
37 

•S 192 EAH 

1 (I) by inserting ‘‘, actively en2 courage, and assist in’’ after ‘‘provide 

3 technical support for’’; and 

4 (II) by striking ‘‘and’’ after the 

5 semicolon; 

6 (iv) by redesignating subparagraph (I) 

7 as subparagraph (J); and 

8 (v) by inserting after subparagraph 

9 (H) the following: 

10 ‘‘(I) when feasible, continue to carry out the 

11 functions described in this section on behalf of 

12 residents transitioning from a long-term care fa13 cility to a home care setting; and’’; 

14 (C) in paragraph (5)(B)— 

15 (i) in clause (vi)— 

16 (I) by inserting ‘‘, actively en17 courage, and assist in’’ after ‘‘sup18 port’’; and 

19 (II) by striking ‘‘and’’ after the 

20 semicolon; 

21 (ii) by redesignating clause (vii) as 

22 clause (viii); and 

23 (iii) by inserting after clause (vi) the 

24 following: 
38 

•S 192 EAH 

1 ‘‘(vii) identify, investigate, and resolve 

2 complaints described in clause (iii) that are 

3 made by or on behalf of residents with lim4 ited or no decisionmaking capacity and who 

5 have no known legal representative, and if 

6 such a resident is unable to communicate 

7 consent for an Ombudsman to work on a 

8 complaint directly involving the resident, 

9 the Ombudsman shall seek evidence to indi10 cate what outcome the resident would have 

11 communicated (and, in the absence of evi12 dence to the contrary, shall assume that the 

13 resident wishes to have the resident’s health, 

14 safety, welfare, and rights protected) and 

15 shall work to accomplish that outcome; 

16 and’’; 

17 (2) in subsection (b)— 

18 (A) in paragraph (1)— 

19 (i) in subparagraph (A), by striking 

20 ‘‘access’’ and inserting ‘‘private and 

21 unimpeded access’’; and 

22 (ii) in subparagraph (B)— 

23 (I) in clause (i)— 

24 (aa) in the matter preceding 

25 subclause (I), by striking ‘‘the 
39 

•S 192 EAH 

1 medical and social records of a’’ 

2 and inserting ‘‘all files, records, 

3 and other information concerning 

4 a’’; and 

5 (bb) in subclause (II), by 

6 striking ‘‘to consent’’ and insert7 ing ‘‘to communicate consent’’; 

8 and 

9 (II) in clause (ii), in the matter 

10 before subclause (I), by striking ‘‘the 

11 records’’ and inserting ‘‘the files, 

12 records, and information’’; and 

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

14 ‘‘(3) HEALTH OVERSIGHT AGENCY.—For pur15 poses of section 264(c) of the Health Insurance Port16 ability and Accountability Act of 1996 (including 

17 regulations issued under that section) (42 U.S.C. 

18 1320d–2 note), the Ombudsman and a representative 

19 of the Office shall be considered a ‘health oversight 

20 agency,’ so that release of residents’ individually 

21 identifiable health information to the Ombudsman or 

22 representative is not precluded in cases in which the 

23 requirements of clause (i) or (ii) of paragraph (1)(B), 

24 or the requirements of paragraph (1)(D), are other25 wise met.’’; 
40 

•S 192 EAH 

1 (3) in subsection (c)(2)(D), by striking 

2 ‘‘202(a)(21)’’ and inserting ‘‘202(a)(18)’’; 

3 (4) in subsection (d)— 

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

5 and inserting ‘‘files, records, and other informa6 tion’’; and 

7 (B) in paragraph (2)— 

8 (i) in subparagraph (A)— 

9 (I) by striking ‘‘files and records’’ 

10 each place such term appears and in11 serting ‘‘files, records, and other infor12 mation’’; and 

13 (II) by striking ‘‘and’’ after the 

14 semicolon; 

15 (ii) in subparagraph (B)— 

16 (I) by striking ‘‘files or records’’ 

17 and inserting ‘‘files, records, or other 

18 information’’; and 

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

20 period at the end and inserting ‘‘; 

21 and’’; and 

22 (iii) by adding at the end the fol23 lowing: 

24 ‘‘(C) notwithstanding subparagraph (B), 

25 ensure that the Ombudsman may disclose infor-
41 

•S 192 EAH 

1 mation as needed in order to best serve residents 

2 with limited or no decisionmaking capacity who 

3 have no known legal representative and are un4 able to communicate consent, in order for the 

5 Ombudsman to carry out the functions and du6 ties described in paragraphs (3)(A) and (5)(B) 

7 of subsection (a).’’; and 

8 (5) by striking subsection (f) and inserting the 

9 following: 

10 ‘‘(f) CONFLICT OF INTEREST.— 

11 ‘‘(1) INDIVIDUAL CONFLICT OF INTEREST.—The 

12 State agency shall— 

13 ‘‘(A) ensure that no individual, or member 

14 of the immediate family of an individual, in15 volved in the designation of the Ombudsman 

16 (whether by appointment or otherwise) or the 

17 designation of an entity designated under sub18 section (a)(5), is subject to a conflict of interest; 

19 ‘‘(B) ensure that no officer or employee of 

20 the Office, representative of a local Ombudsman 

21 entity, or member of the immediate family of the 

22 officer, employee, or representative, is subject to 

23 a conflict of interest; and 

24 ‘‘(C) ensure that the Ombudsman— 
42 

•S 192 EAH 

1 ‘‘(i) does not have a direct involvement 

2 in the licensing or certification of a long3 term care facility or of a provider of a long4 term care service; 

5 ‘‘(ii) does not have an ownership or in6 vestment interest (represented by equity, 

7 debt, or other financial relationship) in a 

8 long-term care facility or a long-term care 

9 service; 

10 ‘‘(iii) is not employed by, or partici11 pating in the management of, a long-term 

12 care facility or a related organization, and 

13 has not been employed by such a facility or 

14 organization within 1 year before the date 

15 of the determination involved; 

16 ‘‘(iv) does not receive, or have the right 

17 to receive, directly or indirectly, remunera18 tion (in cash or in kind) under a compensa19 tion arrangement with an owner or oper20 ator of a long-term care facility; 

21 ‘‘(v) does not have management respon22 sibility for, or operate under the supervision 

23 of an individual with management respon24 sibility for, adult protective services; and 
43 

•S 192 EAH 

1 ‘‘(vi) does not serve as a guardian or 

2 in another fiduciary capacity for residents 

3 of long-term care facilities in an official ca4 pacity (as opposed to serving as a guardian 

5 or fiduciary for a family member, in a per6 sonal capacity). 

7 ‘‘(2) ORGANIZATIONAL CONFLICT OF INTER8 EST.— 

9 ‘‘(A) IN GENERAL.—The State agency shall 

10 comply with subparagraph (B)(i) in a case in 

11 which the Office poses an organizational conflict 

12 of interest, including a situation in which the 

13 Office is placed in an organization that— 

14 ‘‘(i) is responsible for licensing, certi15 fying, or surveying long-term care services 

16 in the State; 

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

18 of such an association) of long-term care fa19 cilities, or of any other residential facilities 

20 for older individuals; 

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

22 including programs carried out under a 

23 Medicaid waiver approved under section 

24 1115 of the Social Security Act (42 U.S.C. 

25 1315) or under subsection (b) or (c) of sec-
44 

•S 192 EAH 

1 tion 1915 of the Social Security Act (42 

2 U.S.C. 1396n), or under a Medicaid State 

3 plan amendment under subsection (i), (j), 

4 or (k) of section 1915 of the Social Security 

5 Act (42 U.S.C. 1396n); 

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

7 management; 

8 ‘‘(v) sets rates for long-term care serv9 ices; 

10 ‘‘(vi) provides adult protective services; 

11 ‘‘(vii) is responsible for eligibility de12 terminations for the Medicaid program car13 ried out under title XIX of the Social Secu14 rity Act (42 U.S.C. 1396 et seq.); 

15 ‘‘(viii) conducts preadmission screen16 ing for placements in facilities described in 

17 clause (ii); or 

18 ‘‘(ix) makes decisions regarding admis19 sion or discharge of individuals to or from 

20 such facilities. 

21 ‘‘(B) IDENTIFYING, REMOVING, AND REM22 EDYING ORGANIZATIONAL CONFLICT.— 

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

24 may not operate the Office or carry out the 

25 program, directly, or by contract or other 
45 

•S 192 EAH 

1 arrangement with any public agency or 

2 nonprofit private organization, in a case in 

3 which there is an organizational conflict of 

4 interest (within the meaning of subpara5 graph (A)) unless such conflict of interest 

6 has been— 

7 ‘‘(I) identified by the State agen8 cy; 

9 ‘‘(II) disclosed by the State agency 

10 to the Assistant Secretary in writing; 

11 and 

12 ‘‘(III) remedied in accordance 

13 with this subparagraph. 

14 ‘‘(ii) ACTION BY ASSISTANT SEC15 RETARY.—In a case in which a potential or 

16 actual organizational conflict of interest 

17 (within the meaning of subparagraph (A)) 

18 involving the Office is disclosed or reported 

19 to the Assistant Secretary by any person or 

20 entity, the Assistant Secretary shall require 

21 that the State agency, in accordance with 

22 the policies and procedures established by 

23 the State agency under subsection 

24 (a)(5)(D)(iii)— 

25 ‘‘(I) remove the conflict; or 
46 

•S 192 EAH 

1 ‘‘(II) submit, and obtain the ap2 proval of the Assistant Secretary for, 

3 an adequate remedial plan that indi4 cates how the Ombudsman will be 

5 unencumbered in fulfilling all of the 

6 functions specified in subsection 

7 (a)(3).’’; and 

8 (6) in subsection (h)— 

9 (A) in paragraph (3)(A)(i), by striking 

10 ‘‘older’’; 

11 (B) in paragraph (4), by striking all that 

12 precedes ‘‘procedures’’ and inserting the fol13 lowing: 

14 ‘‘(4) strengthen and update’’; 

15 (C) by redesignating paragraphs (4) 

16 through (9) as paragraphs (5) through (10), re17 spectively; 

18 (D) by inserting after paragraph (3) the fol19 lowing: 

20 ‘‘(4) ensure that the Ombudsman or a designee 

21 participates in training provided by the National 

22 Ombudsman Resource Center established in section 

23 202(a)(18);’’; 
47 

•S 192 EAH 

1 (E) in paragraph (6)(A), as redesignated by 

2 subparagraph (C) of this paragraph, by striking 

3 ‘‘paragraph (4)’’ and inserting ‘‘paragraph (5)’’; 

4 (F) in paragraph (7)(A), as redesignated by 

5 subparagraph (C) of this paragraph, by striking 

6 ‘‘subtitle C of the’’ and inserting ‘‘subtitle C of 

7 title I of the’’; and 

8 (G) in paragraph (10), as redesignated by 

9 subparagraph (C) of this paragraph, by striking 

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

11 (d) OMBUDSMAN REGULATIONS.—Section 713 of the 

12 Older Americans Act of 1965 (42 U.S.C. 3058h) is amend13 ed— 

14 (1) in paragraph (1), by striking ‘‘paragraphs 

15 (1) and (2) of section 712(f)’’ and inserting ‘‘subpara16 graphs (A) and (B) of section 712(f)(1)’’; and 

17 (2) in paragraph (2), by striking ‘‘subpara18 graphs (A) through (D) of section 712(f)(3)’’ and in19 serting ‘‘clauses (i) through (vi) of section 

20 712(f)(1)(C)’’. 

21 (e) PREVENTION OF ELDER ABUSE, NEGLECT, AND

22 EXPLOITATION.—Section 721 of the Older Americans Act 

23 of 1965 (42 U.S.C. 3058i) is amended— 

24 (1) in subsection (b)— 
48 

•S 192 EAH 

1 (A) in the matter preceding paragraph (1), 

2 by striking ‘‘(including financial exploitation)’’; 

3 (B) by redesignating paragraphs (5) 

4 through (12) as paragraphs (6) through (13), re5 spectively; 

6 (C) by inserting after paragraph (4) the fol7 lowing: 

8 ‘‘(5) promoting the submission of data on elder 

9 abuse, neglect, and exploitation for the appropriate 

10 database of the Administration or another database 

11 specified by the Assistant Secretary;’’; 

12 (D) in paragraph (10)(C), as redesignated 

13 by subparagraph (B) of this paragraph— 

14 (i) in clause (ii), by inserting ‘‘, such 

15 as forensic specialists,’’ after ‘‘such per16 sonnel’’; and 

17 (ii) in clause (v), by inserting before 

18 the comma the following: ‘‘, including pro19 grams and arrangements that protect 

20 against financial exploitation’’; and 

21 (E) in paragraph (12), as redesignated by 

22 subparagraph (B) of this paragraph— 

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

24 ‘‘and’’ at the end; and 

25 (ii) by adding at the end the following: 
49 

•S 192 EAH 

1 ‘‘(F) supporting and studying innovative 

2 practices in communities to develop partnerships 

3 across disciplines for the prevention, investiga4 tion, and prosecution of abuse, neglect, and ex5 ploitation; and’’; and 

6 (2) in subsection (e)(2), in the matter preceding 

7 subparagraph (A)— 

8 (A) by striking ‘‘subsection (b)(9)(B)(i)’’ 

9 and inserting ‘‘subsection (b)(10)(B)(i)’’; and 

10 (B) by striking ‘‘subsection (b)(9)(B)(ii)’’ 

11 and inserting ‘‘subsection (b)(10)(B)(ii)’’. 

12 SEC. 9. BEHAVIORAL HEALTH. 

13 The Older Americans Act of 1965 is amended— 

14 (1) in section 102 (42 U.S.C. 3002)— 

15 (A) in paragraph (14)(G), by inserting 

16 ‘‘and behavioral’’ after ‘‘mental’’; 

17 (B) in paragraph (36), by inserting ‘‘and 

18 behavioral’’ after ‘‘mental’’; and 

19 (C) in paragraph (47)(B), by inserting 

20 ‘‘and behavioral’’ after ‘‘mental’’; 

21 (2) in section 201(f)(1) (42 U.S.C. 3011(f)(1)), 

22 by inserting ‘‘and behavioral’’ after ‘‘mental’’; 

23 (3) in section 202(a)(5) (42 U.S.C. 3012(a)(5)), 

24 by inserting ‘‘and behavioral’’ after ‘‘mental’’; 

25 (4) in section 306(a) (42 U.S.C. 3026(a))— 
50 

•S 192 EAH 

1 (A) in paragraph (2)(A), by inserting ‘‘and 

2 behavioral’’ after ‘‘mental’’; and 

3 (B) in paragraph (6)(F), by striking ‘‘men4 tal health services’’ each place such term appears 

5 and inserting ‘‘mental and behavioral health 

6 services’’; and 

7 (5) in section 321(a) (42 U.S.C. 3030d)— 

8 (A) in paragraph (1), as amended by sec9 tion 4(g), by inserting ‘‘and behavioral’’ after 

10 ‘‘mental’’; 

11 (B) in paragraph (14)(B), by inserting 

12 ‘‘and behavioral’’ after ‘‘mental’’; and 

13 (C) in paragraph (23), by inserting ‘‘and 

14 behavioral’’ after ‘‘mental’’. 

15 SEC. 10. GUIDANCE ON SERVING HOLOCAUST SURVIVORS. 

16 (a) IN GENERAL.—Because the services under the 

17 Older Americans Act of 1965 (42 U.S.C. 3001 et seq.) are 

18 critical to meeting the urgent needs of Holocaust survivors 

19 to age in place with dignity, comfort, security, and quality 

20 of life, the Assistant Secretary for Aging shall issue guid21 ance to States, that shall be applicable to States, area agen22 cies on aging, and providers of services for older individ23 uals, with respect to serving Holocaust survivors, including 

24 guidance on promising practices for conducting outreach to 

25 that population. In developing the guidance, the Assistant 
51 

•S 192 EAH 

1 Secretary for Aging shall consult with experts and organi2 zations serving Holocaust survivors, and shall take into ac3 count the possibility that the needs of Holocaust survivors 

4 may differ based on geography. 

5 (b) CONTENTS.—The guidance shall include the fol6 lowing: 

7 (1) How nutrition service providers may meet 

8 the special health-related or other dietary needs of 

9 participants in programs under the Older Americans 

10 Act of 1965, including needs based on religious, cul11 tural, or ethnic requirements. 

12 (2) How transportation service providers may 

13 address the urgent transportation needs of Holocaust 

14 survivors. 

15 (3) How State long-term care ombudsmen may 

16 address the unique needs of residents of long-term care 

17 facilities for whom institutional settings may produce 

18 sights, sounds, smells, emotions, and routines, that 

19 can induce panic, anxiety, and retraumatization as 

20 a result of experiences from the Holocaust. 

21 (4) How supportive services providers may con22 sider the unique needs of Holocaust survivors. 

23 (5) How other services provided under that Act, 

24 as determined by the Assistant Secretary for Aging, 

25 may serve Holocaust survivors. 
52 

•S 192 EAH 

1 (c) DATE OF ISSUANCE.—The guidance described in 

2 subsection (a) shall be issued not later than 180 days after 

3 the date of enactment of this Act. 

Attest: 

Clerk. 

114TH CONGRESS 

2D SESSION S. 192 

AMENDMENT