I 

113TH CONGRESS 

2D SESSION H. R. 4122 

To reauthorize the Older Americans Act of 1965, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 28, 2014 

Ms. BONAMICI (for herself, Mr. HINOJOSA, and Mr. GEORGE MILLER of California) introduced the following bill; which was referred to the Committee 

on Education and the Workforce 

A BILL 

To reauthorize 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 Reauthorization Act of 2014’’. 

6 SEC. 2. OBJECTIVES. 

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

8 U.S.C. 3001) is amended— 

9 (1) by amending paragraph (1) to read as fol10 lows: 

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1 ‘‘(1) An adequate income and economic security 

2 in later life in accordance with the American stand3 ard of living.’’; 

4 (2) in paragraph (4), by inserting ‘‘care coordi5 nation and’’ after ‘‘including’’; 

6 (3) in paragraph (8), by inserting ‘‘and sup7 ports, offered in a culturally and linguistically com8 petent manner’’ after ‘‘community services,’’; 

9 (4) by striking paragraphs (9) and (10) and in10 serting the following: 

11 ‘‘(9) Immediate benefit from proven research 

12 knowledge which can sustain and improve health, 

13 happiness, and economic security. 

14 ‘‘(10) Freedom, independence, economic secu15 rity, and the free exercise of individual initiative for 

16 older individuals in planning and managing their 

17 own lives, full participation in the planning and op18 eration of community-based services and programs 

19 provided for their benefit, and protection against 

20 abuse, neglect, and exploitation.’’; and 

21 (5) by adding at the end the following: 

22 ‘‘(11) Acquiring high-quality services in a man23 ner that is culturally and linguistically responsive to 

24 older individuals and family caregivers.’’. 

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1 SEC. 3. DEFINITIONS. 

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

3 U.S.C. 3002) is amended— 

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

5 following: 

6 ‘‘(1) The term ‘abuse’ means the knowing in7 fliction of physical or psychological harm or the 

8 knowing deprivation of goods or services that are 

9 necessary to meet essential needs or to avoid phys10 ical or psychological harm.’’; 

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

12 following: 

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

14 such services provided to adults as the Secretary 

15 may specify and includes services such as— 

16 ‘‘(A) receiving reports of adult abuse, ne17 glect, or exploitation; 

18 ‘‘(B) investigating the reports described in 

19 subparagraph (A); 

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

21 and other casework and services; and 

22 ‘‘(D) providing, arranging for, or facili23 tating the provision of medical, social service, 

24 economic, legal, housing, law enforcement, or 

25 other protective, emergency, or support serv26 ices.’’; 

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

2 following: 

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

4 Center’ means an entity, network, or consortium es5 tablished by a State as part of the State system of 

6 long-term care, to provide a coordinated and inte7 grated system for older individuals and individuals 

8 with disabilities (as defined in section 3 of the Amer9 icans with Disabilities Act of 1990 (42 U.S.C. 

10 12102)), and the caregivers of older individuals and 

11 individuals with disabilities, that provides— 

12 ‘‘(A) comprehensive information on the full 

13 range of available public and private long-term 

14 care programs, options, service providers, and 

15 resources within a community, including infor16 mation on the availability of integrated long17 term care services, and Federal or State pro18 grams that provide long-term care services and 

19 supports through home and community-based 

20 service programs; 

21 ‘‘(B) person-centered counseling to assist 

22 individuals in assessing their existing or antici23 pated long-term care needs and goals, and de24 veloping and implementing a person-centered 

25 plan for long-term care that is consistent with 

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1 the desires of such an individual and designed 

2 to meet the individual’s specific needs, goals, 

3 and circumstances; 

4 ‘‘(C) access for individuals to the full 

5 range of publicly-supported long-term care serv6 ices and supports for which the individuals may 

7 be eligible, including home and community8 based service options, by serving as a conven9 ient point of entry for such programs and sup10 ports; and 

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

12 aging, centers for independent living described 

13 in part C of title VII of the Rehabilitation Act 

14 of 1973 (29 U.S.C. 796f et seq.), and other 

15 community-based entities, information and re16 ferrals regarding available home and commu17 nity-based services for individuals who are at 

18 risk for residing in, or who reside in, institu19 tional settings, so that the individuals have the 

20 choice to remain in or to return to the commu21 nity.’’; 

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

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

24 (5) by amending paragraph (17) to read as fol25 lows: 

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

2 ‘‘(A) from a societal perspective, efforts 

3 to— 

4 ‘‘(i) prevent, detect, treat, intervene 

5 in, and prosecute elder abuse, neglect, and 

6 exploitation; and 

7 ‘‘(ii) protect older individuals with di8 minished capacity while maximizing their 

9 autonomy; and 

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

11 recognition of an older individual’s rights, in12 cluding the right to be free of abuse, neglect, 

13 and exploitation.’’; 

14 (6) in paragraph (18)(A), by striking ‘‘term ‘ex15 ploitation’ means’’ and inserting ‘‘terms ‘exploi16 tation’ and ‘financial exploitation’ mean’’; 

17 (7) in paragraph (24)— 

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

19 ‘‘and’’ at the end; 

20 (B) in subparagraph (C), by striking the 

21 period at the end and inserting ‘‘; and’’; and 

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

23 ‘‘(D) status as an LGBT individual.’’; 

24 (8) by redesignating paragraphs (34) through 

25 (54) as paragraphs (36) through (56), respectively; 

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1 (9) by redesignating paragraphs (13) through 

2 (33) as paragraphs (14) through (34), respectively; 

3 (10) by inserting after paragraph (12) the fol4 lowing: 

5 ‘‘(13) The term ‘cultural and linguistic com6 petence’ means competence in a set of behaviors, at7 titudes, and policies that— 

8 ‘‘(A) is used by an organization or among 

9 professionals; and 

10 ‘‘(B) enables effective work in cross-cul11 tural situations.’’; and 

12 (11) by inserting after paragraph (34), as so 

13 redesignated the following: 

14 ‘‘(35) The term ‘LGBT’, used with respect to 

15 an individual, means a lesbian, gay, bisexual, or 

16 transgender individual.’’. 

17 SEC. 4. ADMINISTRATION ON AGING. 

18 (a) BEST PRACTICES.—Section 201 of the Older 

19 Americans Act of 1965 (42 U.S.C. 3011) is amended— 

20 (1) in subsection (d)(3)— 

21 (A) in subparagraph (J), by inserting be22 fore the semicolon the following: ‘‘, including 

23 the effectiveness of such services in meeting the 

24 needs of LGBT older individuals’’; 

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1 (B) in subparagraph (K), by striking 

2 ‘‘and’’ at the end; 

3 (C) in subparagraph (L)— 

4 (i) by striking ‘‘Older Americans Act 

5 Amendments of 1992’’ and inserting 

6 ‘‘Older Americans Act Reauthorization Act 

7 of 2014’’; and 

8 (ii) by striking ‘‘712(h)(4).’’ and in9 serting ‘‘712(h)(5); and’’; and 

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

11 ‘‘(M) collect and analyze best practices related 

12 to responding to elder abuse, neglect, and exploi13 tation in long-term care facilities, and publish a re14 port of such best practices.’’; and 

15 (2) in subsection (e)(2)— 

16 (A) in the matter preceding subparagraph 

17 (A), by inserting ‘‘, and in coordination with 

18 the heads of State adult protective services pro19 grams and the Director of the Office of Long20 Term Care Ombudsman Programs’’ after ‘‘and 

21 services’’; and 

22 (B) in subparagraph (A)(iv) by inserting 

23 ‘‘(including data and statistics on the incidence 

24 and prevalence of elder abuse, neglect, and ex25 ploitation)’’ after ‘‘exploitation’’. 

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1 (b) FUNCTIONS OF ASSISTANT SECRETARY.—Section 

2 202 of the Older Americans Act of 1965 (42 U.S.C. 3012) 

3 is amended— 

4 (1) in subsection (a)— 

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

6 and economic’’ before ‘‘needs of older individ7 uals’’; 

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

9 and economic’’ before ‘‘welfare’’; 

10 (C) in paragraph (14), by inserting ‘‘(in11 cluding the Health Resources and Services Ad12 ministration)’’ after ‘‘other agencies’’; 

13 (D) by amending paragraph (15) to read 

14 as follows: 

15 ‘‘(15)(A) as needed, provide technical assist16 ance, training through training packages, and other 

17 forms of instruction to entities consisting of State 

18 agencies, area agencies on aging, service providers, 

19 and community-based organizations, to ensure that 

20 the entities develop and implement, in a culturally 

21 and linguistically competent manner, programming, 

22 services, and outreach for older individuals with 

23 greatest economic need and older individuals with 

24 greatest social need, with particular attention to and 

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1 come minority individuals and older individuals re2 siding in rural areas; and 

3 ‘‘(B) consult with national and community4 based organizations representing minority individ5 uals to develop the capacity of the Administration to 

6 provide such technical assistance, training, and in7 struction.’’; 

8 (E) in paragraph (16)(A)(ii), by inserting 

9 ‘‘, and separately specifying the number of such 

10 individuals who are LGBT individuals’’ before 

11 the semicolon; 

12 (F) in paragraph (27), by striking ‘‘and’’ 

13 at the end; 

14 (G) in paragraph (28), by striking the pe15 riod and inserting a semicolon; and 

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

17 ‘‘(29) provide information and technical assist18 ance to States, area agencies on aging, and service 

19 providers, in collaboration with relevant Federal 

20 agencies, on providing efficient, person-centered 

21 transportation services, including across geographic 

22 boundaries; 

23 ‘‘(30) identify model programs and provide in24 formation and technical assistance to States, area 

25 agencies on aging, and service providers (including 

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1 providers operating multipurpose senior centers), to 

2 support the modernization of multipurpose senior 

3 centers; 

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

5 best practices with States, area agencies on aging, 

6 and Aging and Disability Resource Centers, on how 

7 to collaborate and coordinate services with health 

8 care entities, such as Federally-qualified health cen9 ters, as defined in section 1905(l)(2)(B) of the So10 cial Security Act (42 U.S.C. 1396d(l)(2)(B)), in 

11 order to improve care coordination for individuals 

12 with multiple chronic illnesses; 

13 ‘‘(32) conduct studies and collect data to deter14 mine the services that are needed by LGBT older in15 dividuals; and 

16 ‘‘(33) ensure through regulation (or other com17 munications with programs carried out under this 

18 Act) and through oversight that all programs funded 

19 through this Act where staff, including volunteers, 

20 come into direct contact with older adults, have re21 ceived appropriate training in elder abuse prevention 

22 and detection, and to regularly evaluate the need for 

23 and benefit of such training related to abuse, ne24 glect, and exploitation of older adults.’’; 

25 (2) in subsection (b)— 

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1 (A) in paragraph (5)— 

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

3 ‘‘and’’ after the semicolon; 

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

5 ‘‘and’’ after the semicolon; and 

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

8 ‘‘(D) when feasible, developing, in con9 sultation with States and national organiza10 tions, a consumer-friendly tool to assist older 

11 individuals and their families in choosing home 

12 and community-based services, with a particular 

13 focus on ways for consumers to assess how pro14 viders protect the health, safety, welfare, and 

15 rights, including the rights provided under sec16 tion 314, of older individuals;’’; and 

17 (B) in paragraph (8)— 

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

19 ‘‘to identify and articulate goals of care 

20 and’’ after ‘‘individuals’’; 

21 (ii) in subparagraph (D)— 

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

23 before ‘‘plan’’; and 

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

2 care needs; and’’ and inserting ‘‘long3 term care needs;’’; 

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

5 ‘‘and’’ at the end; and 

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

8 ‘‘(F) to provide information and referrals 

9 regarding available home and community-based 

10 services for individuals who are at risk for re11 siding in, or who reside in, institutional set12 tings, so that the individuals have the choice to 

13 remain in or to return to the community;’’; and 

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

15 ‘‘(g) The Assistant Secretary shall ensure, where ap16 propriate, that all programs funded under this Act include 

17 appropriate training in the prevention of abuse, neglect, 

18 and exploitation and provision of services that address 

19 elder justice and the exploitation of older individuals. 

20 ‘‘(h)(1) The Assistant Secretary shall establish and 

21 operate a National Resource Center for Women and Re22 tirement (referred to in this subsection as the ‘Center’). 

23 ‘‘(2) The Assistant Secretary shall make available to 

24 the Center such resources as are necessary for the Center 

25 to carry out effectively the functions of the Center under 

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1 this Act, which shall be an amount not less than $279,000 

2 for fiscal year 2014. In subsequent fiscal years, the Assist3 ant Secretary shall make available to the Center not less 

4 than the amount of resources made available to the Center 

5 under this paragraph for fiscal year 2014. 

6 ‘‘(i) The Assistant Secretary shall, directly or by 

7 grant or contract, establish and operate a National Adult 

8 Protective Services Resource Center. 

9 ‘‘(j)(1) The Assistant Secretary shall, directly or by 

10 grant or contract, establish and operate the National Re11 source Center on Lesbian, Gay, Bisexual, and 

12 Transgender Aging. 

13 ‘‘(2) The Assistant Secretary shall develop and issue 

14 operating standards and reporting requirements for the 

15 Center established under paragraph (1). 

16 ‘‘(3) The Assistant Secretary shall make available to 

17 the Center such resources as are necessary for the Center 

18 to carry out effectively the functions of the Center under 

19 this Act for fiscal year 2014. In subsequent fiscal years, 

20 the Assistant Secretary shall make available to the Center 

21 not less than the amount of resources made available to 

22 the Center under this paragraph for fiscal year 2014.’’. 

23 (c) REPORTS.—Section 207 of the Older Americans 

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

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1 (1) in subsection (a)(3), by inserting ‘‘LGBT 

2 individuals,’’ after ‘‘low-income individuals,’’; 

3 (2) in subsection (c)— 

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

5 separately specify the number of such individ6 uals who are LGBT individuals’’ before the 

7 semicolon; 

8 (B) by redesignating paragraphs (4) and 

9 (5) as paragraphs (5) and (6), respectively; and 

10 (C) by inserting after paragraph (3) the 

11 following: 

12 ‘‘(4) the effectiveness of such activities in as13 sisting LGBT individuals;’’; and 

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

15 ‘‘(d) The Assistant Secretary shall ensure that— 

16 ‘‘(1) no individual will be required to provide in17 formation regarding the sexual orientation or gender 

18 identity of the individual as a condition of partici19 pating in activities or receiving services under this 

20 Act; and 

21 ‘‘(2) no agency or other entity providing activi22 ties or services under this Act, that receives, for the 

23 purposes of this Act, information regarding the sex24 ual orientation or gender identity of an individual 

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1 will disclose the information in any form that would 

2 permit such individual to be identified. 

3 ‘‘(e) The Assistant Secretary shall develop appro4 priate protocols, demonstrations, tools, or guidance for use 

5 by State agencies and area agencies on aging, to ensure 

6 successful implementation of data collection requirements 

7 under section 201(d)(3)(J), paragraphs (16)(A)(ii) and 

8 (29) of section 202(a), subsections (a)(3), (c)(1), and 

9 (c)(4), and section 307(a)(6), relating to LGBT individ10 uals. 

11 ‘‘(f) The Assistant Secretary shall determine when 

12 such data collection requirements shall apply, taking into 

13 consideration the complexity and importance of each re14 quirement, but each requirement shall apply not later than 

15 1 year after the date of enactment of the Older Americans 

16 Act Reauthorization Act of 2014.’’. 

17 (d) AUTHORIZATION OF APPROPRIATIONS.—Section 

18 216 of the Older Americans Act of 1965 (42 U.S.C. 

19 3020f) is amended— 

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

21 2009, 2010, and 2011’’ and inserting ‘‘2014, 2015, 

22 2016, 2017, and 2018’’; 

23 (2) in subsection (b)— 

24 (A) by striking ‘‘202(a)(24)’’ and inserting 

25 ‘‘202(a)(21)’’; and 

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1 (B) by striking ‘‘2007, 2008, 2009, 2010, 

2 and 2011’’ and inserting ‘‘2014, 2015, 2016, 

3 2017, and 2018’’; and 

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

5 2009, 2010, and 2011’’ and inserting ‘‘2014, 2015, 

6 2016, 2017, and 2018’’. 

7 (e) ADVISORY COMMITTEE TO ASSESS, COORDINATE, 

8 AND IMPROVE LEGAL ASSISTANCE ACTIVITIES.— 

9 (1) ADVISORY COMMITTEE.—Title II of the 

10 Older Americans Act of 1965 (42 U.S.C. 3011– 

11 3020f) is amended— 

12 (A) by redesignating section 216 as section 

13 217; and 

14 (B) by inserting after section 215 the fol15 lowing: 

16 ‘‘SEC. 216. ADVISORY COMMITTEE TO ASSESS, COORDI17 NATE, AND IMPROVE LEGAL ASSISTANCE AC18 TIVITIES. 

19 ‘‘(a) ESTABLISHMENT.—There is established an Ad20 visory Committee to Assess, Coordinate, and Improve 

21 Legal Assistance Activities (referred to in this section as 

22 the ‘Committee’). 

23 ‘‘(b) MEMBERSHIP; DUTIES.—The Assistant Sec24 retary shall appoint members to the Committee and determstockstill on DSK4VPTVN1PROD with BILLS

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1 mine the activities of the Committee (which shall include 

2 the study and report described in subsection (c)). 

3 ‘‘(c) STUDY; REPORT.—The Committee shall conduct 

4 a study on the legal services activities assistance system 

5 for older individuals. Not later than 1 year after the date 

6 of the establishment of the Committee, the Committee 

7 shall submit to the President, Congress, and the Assistant 

8 Secretary a report that contains a detailed statement of 

9 the findings and conclusions of such study, including the 

10 Committee’s recommendations improving the legal services 

11 activities assistance system for older individuals. 

12 ‘‘(d) REGULATIONS.—Not later than 180 days after 

13 receiving the report described in subsection (c), the Assist14 ant Secretary shall issue regulations or guidance taking 

15 into consideration the recommendations of the Committee. 

16 ‘‘(e) DEFINITION.—In this subsection, the term ‘legal 

17 assistance activities’ includes— 

18 ‘‘(1) legal assistance made available to older in19 dividuals with greatest economic need or with great20 est social need; 

21 ‘‘(2) activities of the National Legal Resource 

22 Center carried out under section 420(a); 

23 ‘‘(3) State legal assistance developer activities 

24 carried out under section 731; and 

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1 ‘‘(4) any other directly related activity or pro2 gram as determined appropriate by the Assistant 

3 Secretary.’’. 

4 (2) CONFORMING AMENDMENT.—Section 215(j) 

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

6 3020e–1(j)) is amended by striking ‘‘section 216’’ 

7 and inserting ‘‘section 217’’. 

8 (3) AUTHORIZATION OF APPROPRIATIONS.— 

9 Section 217 of the Older Americans Act of 1965 (42 

10 U.S.C. 3020f), as so redesignated by subsection (c), 

11 is amended by adding at the end the following: 

12 ‘‘(d) ADVISORY COMMITTEE TO ASSESS, COORDI13 NATE, AND IMPROVE LEGAL ASSISTANCE ACTIVITIES.— 

14 There is authorized to be appropriated to carry out section 

15 216 $300,000 for each of the fiscal years 2014, 2015, 

16 2016, 2017, and 2018.’’. 

17 SEC. 5. STATE AND COMMUNITY PROGRAMS ON AGING. 

18 (a) AUTHORIZATION OF APPROPRIATIONS.—Section 

19 303 of the Older Americans Act of 1965 (42 U.S.C. 3023) 

20 is amended— 

21 (1) in subsection (a)(1), by striking ‘‘fiscal 

22 years 2007’’ and all that follows and inserting ‘‘each 

23 of the fiscal years 2014 through 2018.’’; 

24 (2) in subsection (b)— 

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

2 years 2007’’ and all that follows and inserting 

3 ‘‘each of the fiscal years 2014 through 2018.’’; 

4 and 

5 (B) in paragraph (2), by striking ‘‘fiscal 

6 years 2007’’ and all that follows and inserting 

7 ‘‘each of the fiscal years 2014 through 2018.’’; 

8 (3) in subsection (d), by striking ‘‘fiscal years 

9 2007’’ and all that follows and inserting ‘‘each of 

10 the fiscal years 2014 through 2018.’’; and 

11 (4) in subsection (e)(2), by striking ‘‘2011’’ and 

12 inserting ‘‘2011 and each of the fiscal years 2014 

13 through 2018’’. 

14 (b) CONFORMING AMENDMENT.—Section 304(b) of 

15 the Older Americans Act of 1965 (42 U.S.C. 3024(b)) is 

16 amended by striking ‘‘subpart 1 of’’. 

17 (c) PLANNING AND SERVICE AREAS.—Section 

18 305(b)(5)(C)(i)(III) of the Older Americans Act of 1965 

19 (42 U.S.C. 3025(b)(5)(C)(i)(III)) is amended by striking 

20 ‘‘planning and services areas’’ and inserting ‘‘planning 

21 and service areas’’. 

22 (d) AREA PLANS.—Section 306 of the Older Ameri23 cans Act of 1965 (42 U.S.C. 3026) is amended— 

24 (1) in subsection (a)— 

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1 (A) in paragraph (1), by striking ‘‘estab2 lishment, maintenance, or construction of multi3 purpose senior centers,’’ and inserting ‘‘estab4 lishment, maintenance, modernization, or con5 struction of multipurpose senior centers (includ6 ing a plan to use the skills and services of older 

7 individuals in paid and unpaid work, including 

8 multigenerational and older individual to older 

9 individual work),’’; and 

10 (B) in paragraph (6)— 

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

12 ‘‘and’’ at the end; and 

13 (ii) by adding at the end the fol14 lowing: 

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

16 and with the State agency responsible for elder 

17 abuse prevention services, increase public 

18 awareness of elder abuse, neglect, and exploi19 tation, and remove barriers to education, pre20 vention, investigation, and treatment of elder 

21 abuse, neglect, and exploitation, as appro22 priate;’’; and 

23 (2) in subsection (b)(3)— 

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

25 at the end; 

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1 (B) by redesignating subparagraph (K) as 

2 subparagraph (L); and 

3 (C) by inserting after subparagraph (J) 

4 the following: 

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

6 and exploitation; and’’. 

7 (e) NUTRITION SERVICES INCENTIVE PROGRAM.— 

8 Section 311(e) of the Older Americans Act of 1965 (42 

9 U.S.C. 3030a(e)) is amended by striking ‘‘fiscal year 

10 2007’’ and all that follows and inserting ‘‘each of the fiscal 

11 years 2014 through 2018.’’. 

12 (f) SUPPORTIVE SERVICES.—Section 321 of the 

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

14 amended— 

15 (1) in subsection (a)— 

16 (A) in paragraph (1), by striking ‘‘or refer17 ral services’’ and inserting ‘‘referral, chronic 

18 condition self-care management, or falls preven19 tion services’’; 

20 (B) in paragraph (8), by striking ‘‘(includ21 ing’’ and all that follows and inserting the fol22 lowing: ‘‘(including mental and behavioral 

23 health screening and falls prevention services 

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1 nesses and injuries that occur most frequently 

2 in older individuals;’’ and 

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

4 the semicolon the following: ‘‘, and screening 

5 for elder abuse, neglect, and exploitation’’; 

6 (2) in subsection (b)(1), by inserting ‘‘or mod7 ernization’’ after ‘‘construction’’; 

8 (3) in subsection (c), by inserting before the pe9 riod the following: ‘‘, and pursue opportunities for 

10 the development of intergenerational shared site 

11 models for programs or projects, consistent with the 

12 purposes of this Act’’; and 

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

14 ‘‘(e) In this section, the term ‘adult child with a dis15 ability’ means a child who— 

16 ‘‘(1) is age 18 or older; 

17 ‘‘(2) is financially dependent on an older indi18 vidual who is a parent of the child; and 

19 ‘‘(3) has a disability.’’. 

20 (g) HOME DELIVERED NUTRITION SERVICES PRO21 GRAM.—Section 336(1) of the Older Americans Act of 

22 1965 (42 U.S.C. 3030f(1)) is amended by striking 

23 ‘‘canned’’ and all that follows through ‘‘meals’’ and insert24 ing ‘‘canned, or fresh foods and, as appropriate, supple25 mental foods and any additional meals’’. 

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1 (h) NUTRITION SERVICES.—Section 339 of the Older 

2 Americans Act of 1965 (42 U.S.C. 3030g–21) is amend3 ed— 

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

5 inserting ‘‘utilize’’; and 

6 (2) in paragraph (2)— 

7 (A) in subparagraph (J)— 

8 (i) by striking ‘‘if appropriate’’; and 

9 (ii) by striking ‘‘and’’ at the end; 

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

11 period and inserting ‘‘, and’’; and 

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

13 ‘‘(L) where feasible, encourages the use of 

14 organic or locally grown foods in meal programs 

15 and identifies potential partnerships and con16 tracts with local producers and providers of or17 ganic or locally grown foods.’’. 

18 (i) EVIDENCE-BASED DISEASE PREVENTION AND

19 HEALTH PROMOTION SERVICES PROGRAM.—Part D of 

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

21 3030m et seq.) is amended— 

22 (1) in the part heading, by inserting ‘‘EVI23 DENCE-BASED’’ before ‘‘DISEASE’’; and 

24 (2) in section 361(a), by inserting ‘‘evidence25 based’’ after ‘‘to provide’’. 

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1 (j) OLDER RELATIVE CAREGIVERS.— 

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

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

4 3030s et seq.) is amended by striking the subpart 

5 heading for subpart 1. 

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

7 U.S.C. 3030s) is amended— 

8 (A) in subsection (a)— 

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

10 who is an individual with a disability’’; and 

11 (ii) by striking paragraph (2) and in12 serting the following: 

13 ‘‘(2) INDIVIDUAL WITH A DISABILITY.—The 

14 term ‘individual with a disability’ means an indi15 vidual with a disability, as defined in section 3 of the 

16 Americans with Disabilities Act of 1990 (42 U.S.C. 

17 12102), who is not less than age 18 and not more 

18 than age 59. 

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

20 ‘older relative caregiver’ means a caregiver who— 

21 ‘‘(A)(i) is age 55 or older; and 

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

23 in-home and community care to, and is the pri24 mary caregiver for, a child or an individual with 

25 a disability; 

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1 ‘‘(B) in the case of a caregiver for a 

2 child— 

3 ‘‘(i) is the grandparent, 

4 stepgrandparent, or other relative (other 

5 than the parent) by blood, marriage, or 

6 adoption, of the child; 

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

8 child because the biological or adoptive 

9 parents are unable or unwilling to serve as 

10 the primary caregivers of the child; and 

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

12 child, such as legal custody, adoption, or 

13 guardianship, or is raising the child infor14 mally; and 

15 ‘‘(C) in the case of a caregiver for an indi16 vidual with a disability, is the parent, grand17 parent, or other relative by blood, marriage, or 

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

19 and 

20 (B) in subsection (b)— 

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

22 follows through ‘‘family caregivers’’ and in23 serting ‘‘part, for family caregivers’’; 

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

25 a period; and 

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1 (iii) by striking paragraph (2). 

2 (k) NATIONAL FAMILY CAREGIVER SUPPORT PRO3 GRAM.—Section 373 of the Older Americans Act of 1965 

4 (42 U.S.C. 3030s–1) is amended— 

5 (1) in subsection (a)(2), by striking ‘‘grand6 parents or older individuals who are relative care7 givers.’’ and inserting ‘‘older relative caregivers.’’; 

8 (2) in subsection (c)— 

9 (A) in paragraph (1), in the matter pre10 ceding subparagraph (A), by striking ‘‘grand11 parents and older individuals who are relative 

12 caregivers, and who’’ and inserting ‘‘older rel13 ative caregivers, who’’; and 

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

15 older individuals providing care to individuals 

16 with severe disabilities, including children with 

17 severe disabilities’’ and inserting ‘‘to older rel18 ative caregivers of children with severe disabil19 ities, or individuals with disabilities who have 

20 severe disabilities’’; 

21 (3) in subsection (e)(3), by striking ‘‘grand22 parents or older individuals who are relative care23 givers’’ and inserting ‘‘older relative caregivers’’; 

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1 (4) in subsection (f)(1)(A), by striking ‘‘for fis2 cal years 2007, 2008, 2009, 2010, and 2011’’ and 

3 inserting ‘‘for a fiscal year’’; and 

4 (5) in subsection (g)(2)(C), by striking ‘‘grand5 parents and older individuals who are relative care6 givers of a child who is not more than 18 years of 

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

8 (l) CONFORMING AMENDMENT.—Part E of title III 

9 is amended by striking ‘‘this subpart’’ each place it ap10 pears and inserting ‘‘this part’’. 

11 SEC. 6. ACTIVITIES FOR HEALTH, INDEPENDENCE, AND 

12 LONGEVITY. 

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

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

15 (1) in subsection (a)— 

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

17 at the end; 

18 (B) by redesignating paragraph (13) as 

19 paragraph (14); and 

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

21 following: 

22 ‘‘(13) continuing support for program integrity 

23 initiatives concerning the Medicare program under 

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

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1 1395 et seq.) that train senior volunteers to prevent 

2 and identify health care fraud and abuse; and’’; and 

3 (2) in subsection (b), by striking ‘‘for fiscal 

4 years 2007’’ and all that follows through ‘‘2011’’ 

5 and inserting ‘‘for each of the fiscal years 2014 

6 through 2018’’. 

7 (b) NATIVE AMERICAN PROGRAMS.—Section 418(b) 

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

9 is amended by striking ‘‘a national meeting to train’’ and 

10 inserting ‘‘national trainings for’’. 

11 (c) LEGAL ASSISTANCE FOR OLDER AMERICANS.— 

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

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

14 (d) CONFORMING AMENDMENT.—Section 

15 417(a)(1)(A) of the Older Americans Act of 1965 (42 

16 U.S.C. 3032f(a)(1)(A)) is amended by striking ‘‘grand17 parents and other older individuals who are relative care18 givers’’ and inserting ‘‘older relative caregivers (as defined 

19 in section 372)’’. 

20 SEC. 7. NATIONAL RESOURCE CENTER ON FAMILY 

21 CAREGIVING. 

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

23 (42 U.S.C. 3032–3032k) is amended by adding at the end 

24 the following: 

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1 ‘‘SEC. 423. NATIONAL RESOURCE CENTER ON FAMILY 

2 CAREGIVING. 

3 ‘‘(a) ESTABLISHMENT.—The Secretary of Health 

4 and Human Services shall award a grant to or enter into 

5 a cooperative agreement with a public or private nonprofit 

6 entity to establish a National Resource Center on Family 

7 Caregiving (referred to in this section as the ‘Center’). 

8 ‘‘(b) DEVELOPMENT.—The Assistant Secretary shall 

9 develop and issue operating standards and reporting re10 quirements for the Center established under subsection 

11 (a). 

12 ‘‘(c) AUTHORIZATION.—There is authorized to be ap13 propriated to carry out this section, $2,000,000 for each 

14 of the fiscal years 2014 through 2018.’’. 

15 SEC. 8. MULTIPURPOSE SENIOR CENTER MODERNIZATION, 

16 TRAINING, AND SUPPORT. 

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

18 (42 U.S.C. 3032–3032k), as amended by section 7, is 

19 amended by adding at the end the following: 

20 ‘‘SEC. 424. MULTIPURPOSE SENIOR CENTER MODERNIZA21 TION, TRAINING, AND SUPPORT. 

22 ‘‘(a) PROGRAM AUTHORIZED.—The Assistant Sec23 retary shall award grants and enter into contracts with 

24 eligible entities to carry out projects to— 

25 ‘‘(1) support and promote modern multipurpose 

26 senior center models which yield vibrant, multimstockstill on DSK4VPTVN1PROD with BILLS

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1 service, multigenerational centers for older individ2 uals, families of older individuals, and others in the 

3 community to gain skills, resources, and connections 

4 needed to meet the challenges that occur with con5 tinuum of care and quality of life; 

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

7 replicable practices that allow senior centers to serve 

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

9 families and other caregivers, leveraging innovative 

10 partnerships and public and private resources to de11 velop and expand programs; and 

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

13 support the role of multipurpose senior centers as 

14 community focal points, as provided in section 

15 306(a)(3), and for the establishment, construction, 

16 maintenance, and operation of centers, as described 

17 in sections 303(c)(2) and 306(a)(1), including devel18 opment of intergenerational shared site models, con19 sistent with the purposes of this Act. 

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

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

22 entered into, under subsection (a) to— 

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

24 (a); and 

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

2 subsection (f). 

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

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

5 entity shall submit an application to the Assistant Sec6 retary at such time, in such manner, and accompanied by 

7 such information as the Assistant Secretary may reason8 ably require. 

9 ‘‘(d) ELIGIBLE ENTITY.—For purposes of this sec10 tion, the term ‘eligible entity’ means— 

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

12 national accreditation and fiduciary standards; or 

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

14 multipurpose senior centers or State association of 

15 senior centers in which not less than 2 centers are 

16 accredited. 

17 ‘‘(e) COMPETITIVE GRANTS FOR TECHNICAL ASSIST18 ANCE.— 

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

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

21 nonprofit organization described in paragraph (2), to 

22 enable the organization to— 

23 ‘‘(A) provide training and technical assist24 ance to recipients of grants under this section 

25 and other multipurpose senior centers to adopt 

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1 and tailor evidence-based modernization strate2 gies and practices to respond to the economic 

3 and health needs of the diverse and growing 

4 aging populations in their own communities; 

5 and 

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

7 by the Assistant Secretary. 

8 ‘‘(2) ELIGIBLE NONPROFIT ORGANIZATION.— 

9 To be eligible to receive a grant under this sub10 section, an organization shall be a nonprofit organi11 zation (including a partnership of nonprofit organi12 zations), that— 

13 ‘‘(A) has experience and expertise in pro14 viding technical assistance to a range of multi15 purpose senior centers and experience evalu16 ating and reporting on programs; and 

17 ‘‘(B) has demonstrated knowledge of and 

18 expertise in multipurpose senior center accredi19 tation or other standards of excellence. 

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

21 grant under this subsection, an organization (includ22 ing a partnership of nonprofit organizations) shall 

23 submit an application to the Assistant Secretary at 

24 such time, in such manner, and containing such in25 formation as the Assistant Secretary may require, 

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1 including an assurance that the organization will 

2 submit to the Assistant Secretary such evaluations 

3 and reports as the Assistant Secretary may require. 

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

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

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

7 a project described in subsection (a) shall evaluate 

8 the project, leadership, and resources for the mod9 ernization of multipurpose senior centers to deter10 mine— 

11 ‘‘(A) the effectiveness of the project in pro12 ducing innovations and mobilizing resources; 

13 ‘‘(B) the impact on older individuals, fami14 lies of older individuals, and the community 

15 being served; and 

16 ‘‘(C) the potential for the project to be rep17 licated by other multipurpose senior centers, 

18 noting the necessary resources and partnerships 

19 and the types of populations and communities 

20 best suited for the model. 

21 ‘‘(2) REPORT.—The entity described in para22 graph (1) shall submit a report to the Assistant Sec23 retary containing the evaluation not later than 6 

24 months after the expiration of the period for which 

25 the grant or contract is in effect. 

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

2 months after the Assistant Secretary receives the reports 

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

4 shall prepare and submit to Congress a report that as5 sesses the evaluations and includes, at a minimum— 

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

7 of the projects funded under this section and other 

8 activities conducted in support of such projects; 

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

10 of the model projects conducted under this section; 

11 ‘‘(3) a description of recommended best prac12 tices of modern multipurpose senior centers; 

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

14 resulting from the projects described in paragraph 

15 (1); and 

16 ‘‘(5) recommendations for legislative or admin17 istrative action, as the Assistant Secretary deter18 mines appropriate.’’. 

19 SEC. 9. COMMUNITY SERVICE SENIOR OPPORTUNITIES. 

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

21 (42 U.S.C. 3056o(a)) is amended by striking ‘‘fiscal years 

22 2007, 2008, 2009, 2010, and 2011’’ and inserting ‘‘each 

23 of the fiscal years 2014 through 2018’’. 

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1 SEC. 10. GRANTS FOR NATIVE AMERICANS. 

2 Section 643(2) of the Older Americans Act of 1965 

3 (42 U.S.C. 3057n(2)) is amended by striking ‘‘fiscal year 

4 2011’’ and inserting ‘‘each of the fiscal years 2014 

5 through 2018’’. 

6 SEC. 11. VULNERABLE ELDER RIGHTS PROTECTION ACTIVI7 TIES. 

8 (a) OMBUDSMAN DEFINITIONS.—Section 711(6) of 

9 the Older Americans Act of 1965 (42 U.S.C. 3058f(6)) 

10 is amended by striking ‘‘older’’. 

11 (b) OMBUDSMAN PROGRAMS.—Section 712 of the 

12 Older Americans Act of 1965 (42 U.S.C. 3058g) is 

13 amended— 

14 (1) in subsection (a)— 

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

16 the following: ‘‘The Ombudsman shall be re17 sponsible for the management, including the fis18 cal management, of the Office.’’; 

19 (B) in paragraph (3)— 

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

21 clause (i) and inserting the following: 

22 ‘‘(i) are made by, or on behalf of, resi23 dents, including residents with limited or 

24 no decisionmaking capacity and who have 

25 no known legal representative, and if such 

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1 sent for an Ombudsman to work on a com2 plaint directly involving the resident, the 

3 Ombudsman shall seek evidence to indicate 

4 what outcome the resident would have 

5 communicated (and, in the absence of evi6 dence to the contrary, shall assume that 

7 the resident wishes to have the resident’s 

8 health, safety, welfare, and rights pro9 tected) and shall work to accomplish that 

10 outcome; and’’; 

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

12 ‘‘regular and timely’’ and inserting ‘‘reg13 ular, timely, private, and unimpeded’’; 

14 (iii) in subparagraph (H)(iii)— 

15 (I) by inserting ‘‘, actively en16 courage, and assist in’’ after ‘‘provide 

17 technical support for’’; and 

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

19 semicolon; 

20 (iv) by redesignating subparagraph (I) 

21 as subparagraph (K); and 

22 (v) by inserting after subparagraph 

23 (H) the following: 

24 ‘‘(I) when feasible, continue to carry out 

25 the functions described in this section on behalf 

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1 of residents transitioning from a long-term care 

2 facility to a home care setting; 

3 ‘‘(J) collect and analyze data, relating to 

4 discrimination against LGBT older individuals 

5 on the basis of actual or perceived sexual ori6 entation or gender identity in the admission to, 

7 transfer or discharge from, or lack of adequate 

8 care provided in long-term care settings, and 

9 shall include the analyses in the reports; and’’; 

10 and 

11 (C) in paragraph (5)(B)— 

12 (i) in clause (vi)— 

13 (I) by inserting ‘‘, actively en14 courage, and assist in’’ after ‘‘sup15 port’’; and 

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

17 semicolon; 

18 (ii) by redesignating clause (vii) as 

19 clause (viii); and 

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

21 following: 

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

23 complaints described in clause (iii) that are 

24 made by or on behalf of residents with lim25 ited or no decisionmaking capacity and 

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1 who have no known legal representative, 

2 and if such a resident is unable to commu3 nicate consent for an Ombudsman to work 

4 on a complaint directly involving the resi5 dent, the Ombudsman shall seek evidence 

6 to indicate what outcome the resident 

7 would have communicated (and, in the ab8 sence of evidence to the contrary, shall as9 sume that the resident wishes to have the 

10 resident’s health, safety, welfare, and 

11 rights protected) and shall work to accom12 plish that outcome; and’’; 

13 (2) in subsection (b)— 

14 (A) in paragraph (1)— 

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

16 ‘‘access’’ and inserting ‘‘private and 

17 unimpeded access’’; and 

18 (ii) in subparagraph (B)— 

19 (I) in clause (i)— 

20 (aa) in the matter preceding 

21 subclause (I), by striking ‘‘the 

22 medical and social records of a’’ 

23 and inserting ‘‘all files, records, 

24 and other information concerning 

25 a’’; and 

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1 (bb) in subclause (II), by 

2 striking ‘‘to consent’’ and insert3 ing ‘‘to communicate consent’’; 

4 and 

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

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

7 records’’ and inserting ‘‘the files, 

8 records, and information’’; and 

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

10 ‘‘(3) HEALTH OVERSIGHT AGENCY.—For pur11 poses of section 264(c) of the Health Insurance 

12 Portability and Accountability Act of 1996 (includ13 ing regulations issued under that section) (42 U.S.C. 

14 1320d–2 note), the Ombudsman and a representa15 tive of the Office shall be considered a ‘health over16 sight agency,’ so that release of residents’ individ17 ually identifiable health information to the Ombuds18 man or representative is not precluded in cases in 

19 which the requirements of clause (i) or (ii) of para20 graph (1)(B), or the requirements of paragraph 

21 (1)(D), are otherwise met.’’; 

22 (3) in subsection (d)— 

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

24 and inserting ‘‘files, records, and other informa25 tion’’; and 

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1 (B) in paragraph (2)— 

2 (i) in subparagraph (A)— 

3 (I) by striking ‘‘files and 

4 records’’ each place such term appears 

5 and inserting ‘‘files, records, and 

6 other information’’; and 

7 (II) by striking ‘‘and’’ after the 

8 semicolon; 

9 (ii) in subparagraph (B)— 

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

11 and inserting ‘‘files, records, or other 

12 information’’; and 

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

14 period at the end and inserting ‘‘; 

15 and’’; and 

16 (iii) by adding at the end the fol17 lowing: 

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

19 ensure that the Ombudsman may disclose infor20 mation as needed in order to best serve resi21 dents with limited or no decisionmaking capac22 ity who have no known legal representative and 

23 are unable to communicate consent, in order for 

24 the Ombudsman to carry out the functions and 

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1 duties described in paragraphs (3)(A) and 

2 (5)(B) of subsection (a).’’; 

3 (4) by striking subsection (f) and inserting the 

4 following: 

5 ‘‘(f) CONFLICT OF INTEREST.— 

6 ‘‘(1) INDIVIDUAL CONFLICT OF INTEREST.— 

7 The State agency shall— 

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

9 of the immediate family of an individual, in10 volved in the designation of the Ombudsman 

11 (whether by appointment or otherwise) or the 

12 designation of an entity designated under sub13 section (a)(5), is subject to a conflict of inter14 est; 

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

16 the Office, representative of a local Ombudsman 

17 entity, or member of the immediate family of 

18 the officer, employee, or representative, is sub19 ject to a conflict of interest; and 

20 ‘‘(C) ensure that the Ombudsman— 

21 ‘‘(i) does not have a direct involve22 ment in the licensing or certification of a 

23 long-term care facility or of a provider of 

24 a long-term care service; 

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1 ‘‘(ii) does not have an ownership or 

2 investment interest (represented by equity, 

3 debt, or other financial relationship) in a 

4 long-term care facility or a long-term care 

5 service; 

6 ‘‘(iii) is not employed by, or partici7 pating in the management of, a long-term 

8 care facility or a related organization, and 

9 has not been employed by such a facility or 

10 organization within 1 year before the date 

11 of the determination involved; 

12 ‘‘(iv) does not receive, or have the 

13 right to receive, directly or indirectly, re14 muneration (in cash or in kind) under a 

15 compensation arrangement with an owner 

16 or operator of a long-term care facility; 

17 ‘‘(v) does not have management re18 sponsibility for, or operate under the su19 pervision of an individual with manage20 ment responsibility for, adult protective 

21 services; and 

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

23 in another fiduciary capacity for residents 

24 of long-term care facilities in an official ca25 pacity (as opposed to serving as a guardian 

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1 or fiduciary for a family member, in a per2 sonal capacity). 

3 ‘‘(2) ORGANIZATIONAL CONFLICT OF INTER4 EST.— 

5 ‘‘(A) IN GENERAL.—The State agency 

6 shall comply with subparagraph (B)(i) in a case 

7 in which the Office poses an organizational con8 flict of interest, including a situation in which 

9 the Office is placed in an organization that— 

10 ‘‘(i) is responsible for licensing, certi11 fying, or surveying long-term care services 

12 in the State; 

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

14 of such an association) of long-term care 

15 facilities, or of any other residential facili16 ties for older individuals; 

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

18 including programs carried out under a 

19 Medicaid waiver approved under section 

20 1115 of the Social Security Act (42 U.S.C. 

21 1315) or under subsection (b) or (c) of 

22 section 1915 of the Social Security Act (42 

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

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

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1 or (k) of section 1915 of the Social Secu2 rity Act (42 U.S.C. 1396n); 

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

4 management; 

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

6 services; 

7 ‘‘(vi) provides adult protective serv8 ices; 

9 ‘‘(vii) is responsible for eligibility de10 terminations for the Medicaid program 

11 carried out under title XIX of the Social 

12 Security Act (42 U.S.C. 1396 et seq.); 

13 ‘‘(viii) conducts preadmission screen14 ing for placements in facilities described in 

15 clause (ii); or 

16 ‘‘(ix) makes decisions regarding ad17 mission or discharge of individuals to or 

18 from such facilities. 

19 ‘‘(B) IDENTIFYING, REMOVING, AND REM20 EDYING ORGANIZATIONAL CONFLICT.— 

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

22 may not operate the Office or carry out the 

23 program, directly, or by contract or other 

24 arrangement with any public agency or 

25 nonprofit private organization, in a case in 

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1 which there is an organizational conflict of 

2 interest (within the meaning of subpara3 graph (A)) unless such conflict of interest 

4 has been— 

5 ‘‘(I) identified by the State agen6 cy; 

7 ‘‘(II) disclosed by the State agen8 cy to the Assistant Secretary in writ9 ing; and 

10 ‘‘(III) remedied in accordance 

11 with this subparagraph. 

12 ‘‘(ii) ACTION BY ASSISTANT SEC13 RETARY.—In a case in which a potential or 

14 actual organizational conflict of interest 

15 (within the meaning of subparagraph (A)) 

16 involving the Office is disclosed or reported 

17 to the Assistant Secretary by any person 

18 or entity, the Assistant Secretary shall re19 quire that the State agency, in accordance 

20 with the policies and procedures estab21 lished by the State agency under sub22 section (a)(5)(D)(iii)— 

23 ‘‘(I) remove the conflict; or 

24 ‘‘(II) submit, and obtain the ap25 proval of the Assistant Secretary for, 

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1 an adequate remedial plan that indi2 cates how the Ombudsman will be 

3 unencumbered in fulfilling all of the 

4 functions specified in subsection 

5 (a)(3).’’; and 

6 (5) in subsection (h)— 

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

8 ‘‘older’’; 

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

10 precedes ‘‘procedures’’ and inserting the fol11 lowing: 

12 ‘‘(4) strengthen and update’’; 

13 (C) by redesignating paragraphs (4) 

14 through (9) as paragraphs (5) through (10), re15 spectively; 

16 (D) by inserting after paragraph (3) the 

17 following: 

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

19 participates in training provided by the National 

20 Ombudsman Resource Center established in section 

21 202(a)(18);’’; 

22 (E) in paragraph (6)(A), as so redesig23 nated by subparagraph (C) of this paragraph, 

24 by striking ‘‘paragraph (4)’’ and inserting 

25 ‘‘paragraph (5)’’; 

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1 (F) in paragraph (7)(A), as so redesig2 nated by subparagraph (C) of this paragraph, 

3 by striking ‘‘subtitle C of the’’ and inserting 

4 ‘‘subtitle C of title I of the’’; and 

5 (G) in paragraph (10), as so redesignated 

6 by subparagraph (C) of this paragraph, by 

7 striking ‘‘(6), or (7)’’ and inserting ‘‘(7), or 

8 (8)’’. 

9 (c) OMBUDSMAN REGULATIONS.—Section 713 of the 

10 Older Americans Act of 1965 (42 U.S.C. 3058h) is 

11 amended— 

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

13 (1) and (2) of section 712(f)’’ and inserting ‘‘sub14 paragraphs (A) and (B) of section 712(f)(1)’’; and 

15 (2) in paragraph (2), by striking ‘‘subpara16 graphs (A) through (D) of section 712(f)(3)’’ and 

17 inserting ‘‘clauses (i) through (vi) of section 

18 712(f)(1)(C)’’. 

19 (d) PREVENTION OF ELDER ABUSE, NEGLECT, AND

20 EXPLOITATION.—Section 721 of the Older Americans Act 

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

22 (1) in subsection (b)— 

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

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

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1 (B) by redesignating paragraphs (5) 

2 through (12) as paragraphs (6) through (13), 

3 respectively; 

4 (C) by inserting after paragraph (4) the 

5 following: 

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

7 abuse, neglect, and exploitation for the appropriate 

8 database of the Administration or another database 

9 specified by the Assistant Secretary;’’; 

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

11 by subparagraph (B)— 

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

13 as forensic specialists,’’ after ‘‘such per14 sonnel’’; and 

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

16 the comma the following: ‘‘, including pro17 grams and arrangements that protect 

18 against financial exploitation’’; and 

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

20 subparagraph (B)— 

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

22 ‘‘and’’ at the end; and 

23 (ii) by adding at the end the fol24 lowing: 

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1 ‘‘(F) supporting and studying innovative 

2 practices in communities to develop partner3 ships across disciplines for the prevention, in4 vestigation, and prosecution of abuse, neglect, 

5 and exploitation; 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. 12. BEHAVIORAL HEALTH. 

13 The Older Americans Act of 1965 (42 U.S.C. 3011 

14 et seq.) is amended— 

15 (1) in section 102— 

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

17 ‘‘and behavioral’’ after ‘‘mental’’; 

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

19 behavioral’’ after ‘‘mental’’; and 

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

21 ‘‘and behavioral’’ after ‘‘mental’’; 

22 (2) in section 201(f)(1), by inserting ‘‘and be23 havioral’’ after ‘‘mental’’; 

24 (3) in section 202(a)(5), by inserting ‘‘and be25 havioral’’ after ‘‘mental’’; 

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1 (4) in section 306(a)— 

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

3 behavioral’’ after ‘‘mental’’; and 

4 (B) in paragraph (6)(F), by striking ‘‘men5 tal health services’’ each place such term ap6 pears and inserting ‘‘mental and behavioral 

7 health services’’; and 

8 (5) in section 321(a)— 

9 (A) in paragraph (1), as amended by sec10 tion 4(f), by inserting ‘‘and behavioral’’ after 

11 ‘‘mental’’; 

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

13 ‘‘and behavioral’’ after ‘‘mental’’; and 

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

15 behavioral’’ after ‘‘mental’’. 

16 SEC. 13. STUDY ON TRANSPORTATION SERVICES. 

17 (a) STUDY.— 

18 (1) IN GENERAL.—Because access to transpor19 tation services is critical for millions of older individ20 uals in the United States, to allow them to maintain 

21 independence, health, and quality of life, the Comp22 troller General of the United States shall conduct a 

23 study of transportation services for older individuals. 

24 (2) CONTENTS.—In conducting the study, the 

25 Comptroller General— 

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1 (A) shall identify challenges and barriers 

2 affecting the aging network in providing, ac3 cessing, or coordinating efficient and effective 

4 transportation services, including challenges 

5 and barriers in coordinating services with Fed6 eral agencies and programs such as the Depart7 ment of Transportation and the Medicaid pro8 gram under title XIX of the Social Security Act 

9 (42 U.S.C. 1396 et seq.); and 

10 (B) shall examine any Federal program re11 quirements that may result in challenges or 

12 barriers to the coordination of transportation 

13 services within the aging network at the local 

14 level. 

15 (b) REPORT.—Not later than 18 months after the 

16 date of enactment of this Act, the Comptroller General 

17 shall issue a report. The report shall contain a detailed 

18 description of the findings and conclusions of the study, 

19 including any recommendations for administrative and 

20 other changes to enhance transportation services provided 

21 by the aging network. The Comptroller General shall sub22 mit the report to the Committee on Education and the 

23 Workforce of the House of Representatives and the Com24 mittee on Health, Education, Labor, and Pensions of the 

25 Senate. 

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1 SEC. 14. GUIDANCE ON SERVING HOLOCAUST SURVIVORS. 

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

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

4 are critical to meeting the urgent needs of Holocaust sur5 vivors to age in place with dignity, comfort, security, and 

6 quality of life, the Assistant Secretary for Aging shall 

7 issue guidance to States, that shall be applicable to States, 

8 area agencies on aging, and providers of services for older 

9 individuals, with respect to serving Holocaust survivors, 

10 including guidance on promising practices for conducting 

11 outreach to that population. In developing the guidance, 

12 the Assistant Secretary for Aging shall consult with ex13 perts and organizations serving Holocaust survivors, and 

14 shall take into account the possibility that the needs of 

15 Holocaust survivors may differ based on geography. 

16 (b) CONTENTS.—The guidance shall include the fol17 lowing: 

18 (1) How nutrition service providers may meet 

19 the special health-related or other dietary needs of 

20 participants in programs under the Older Americans 

21 Act of 1965, including needs based on religious, cul22 tural, or ethnic requirements. 

23 (2) How transportation service providers may 

24 address the urgent transportation needs of Holo25 caust survivors. 

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

2 address the unique needs of residents of long-term 

3 care facilities for whom institutional settings may 

4 produce sights, sounds, smells, emotions, and rou5 tines, that can induce panic, anxiety, and retrauma6 tization as a result of experiences from the Holo7 caust. 

8 (4) How supportive services providers may con9 sider the unique needs of Holocaust survivors. 

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

11 as determined by the Assistant Secretary for Aging, 

12 may serve Holocaust survivors. 

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

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

15 the date of enactment of this Act. 

Æ 

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