[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 4776 Reported in Senate (RS)] <DOC> Calendar No. 505 118th CONGRESS 2d Session S. 4776 To amend the Older Americans Act of 1965 to authorize appropriations for fiscal years 2025 through 2029, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES July 25, 2024 Mr. Sanders (for himself, Mr. Cassidy, Mr. Casey, Ms. Collins, Mr. Kaine, Mr. Mullin, and Mr. Markey) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions September 12, 2024 Reported by Mr. Sanders, with an amendment [Strike out all after the enacting clause and insert the part printed in italic] _______________________________________________________________________ A BILL To amend the Older Americans Act of 1965 to authorize appropriations for fiscal years 2025 through 2029, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <DELETED>SECTION 1. SHORT TITLE.</DELETED> <DELETED> This Act may be cited as the ``Older Americans Act Reauthorization Act of 2024''.</DELETED> <DELETED>SEC. 2. TABLE OF CONTENTS.</DELETED> <DELETED> The table of contents for this Act is as follows:</DELETED> <DELETED>Sec. 1. Short title. <DELETED>Sec. 2. Table of contents. <DELETED>Sec. 3. References. <DELETED>Sec. 4. Definitions. <DELETED>TITLE I--STRENGTHENING THE AGING NETWORK TO MEET THE NEEDS OF OLDER INDIVIDUALS <DELETED>Sec. 101. Declaration of objectives. <DELETED>Sec. 102. Addressing mental health and substance use disorders and cognitive impairments of older individuals. <DELETED>Sec. 103. List of national resource centers. <DELETED>Sec. 104. Awareness of relevant Federal programs. <DELETED>Sec. 105. Evaluations and surveys. <DELETED>Sec. 106. Contracting and grant authority. <DELETED>Sec. 107. Guidance on transfers of funding between area agencies on aging. <DELETED>Sec. 108. Right to first refusal. <DELETED>Sec. 109. Area agency on aging capabilities. <DELETED>Sec. 110. Supporting older individuals with disabilities through improved coordination. <DELETED>Sec. 111. Business acumen, fiscal training, and technical assistance. <DELETED>Sec. 112. Enhancing access to assistive technology. <DELETED>Sec. 113. White House Conference on Aging. <DELETED>TITLE II--IMPROVING HEALTH OUTCOMES AND ENCOURAGING INDEPENDENCE FOR OLDER INDIVIDUALS <DELETED>Sec. 201. Disease prevention and health promotion services. <DELETED>Sec. 202. Improving health outcomes. <DELETED>Sec. 203. Evidence-informed practices. <DELETED>Sec. 204. Enhancing multipurpose senior centers. <DELETED>Sec. 205. Addressing home modifications. <DELETED>Sec. 206. Multigenerational and civic engagement activities. <DELETED>Sec. 207. GAO study and report on access to housing for older individuals. <DELETED>Sec. 208. Report relating to health outcomes for older individuals living with or near family members. <DELETED>Sec. 209. Improving broadband coordination and reducing social isolation. <DELETED>TITLE III--ENHANCING INNOVATION AND FLEXIBILITY IN NUTRITION SERVICES <DELETED>Sec. 301. Medically tailored meals. <DELETED>Sec. 302. Nutrition service providers. <DELETED>Sec. 303. Grab-and-go meals. <DELETED>Sec. 304. Nutrition Services Incentive Program innovation. <DELETED>Sec. 305. GAO study on Nutrition Services Incentive Program. <DELETED>Sec. 306. Innovations in nutrition programs and services. <DELETED>TITLE IV--SUPPORTING FAMILY CAREGIVERS <DELETED>Sec. 401. Improving the National Family Caregiver Support Program. <DELETED>Sec. 402. Emphasizing respite care. <DELETED>Sec. 403. Clarifying supportive services. <DELETED>Sec. 404. Direct care workforce resource center. <DELETED>Sec. 405. Supporting Grandparents Raising Grandchildren Act. <DELETED>Sec. 406. RAISE Family Caregivers Act. <DELETED>TITLE V--COMMUNITY SERVICE SENIOR OPPORTUNITIES ACT <DELETED>Sec. 501. Improving the Community Service Employment Program. <DELETED>Sec. 502. GAO report on alignment within the Community Service Employment Program. <DELETED>TITLE VI--IMPROVING SERVICES FOR NATIVE ELDERS <DELETED>Sec. 601. Older Americans Tribal Advisory Committee. <DELETED>Sec. 602. Supportive services; set aside. <DELETED>Sec. 603. GAO report on Tribal services. <DELETED>TITLE VII--STRENGTHENING THE LONG-TERM CARE OMBUDSMAN PROGRAMS AND ELDER ABUSE PREVENTION <DELETED>Sec. 701. Director of the Office of Long-Term Care Ombudsman Programs. <DELETED>Sec. 702. Legal assistance training resources relating to elder abuse prevention. <DELETED>Sec. 703. Improving training of volunteers under the State Long-Term Care Ombudsman Program. <DELETED>Sec. 704. Reporting on State Long-Term Care Ombudsman Programs. <DELETED>Sec. 705. Study on State Long-Term Care Ombudsman Programs. <DELETED>TITLE VIII--AUTHORIZATIONS OF APPROPRIATIONS <DELETED>Sec. 801. Administration on Aging. <DELETED>Sec. 802. Grants for State and community programs on aging. <DELETED>Sec. 803. Activities for health, independence, and longevity. <DELETED>Sec. 804. Community Service Senior Opportunities Act. <DELETED>Sec. 805. Grants for Native Americans. <DELETED>Sec. 806. Allotments for elder rights protection activities. <DELETED>SEC. 3. REFERENCES.</DELETED> <DELETED> Except as otherwise expressly provided in this Act, wherever in this Act an amendment or repeal is expressed in terms of an amendment to, or a repeal of, a section or other provision, the reference shall be considered to be made to that section or other provision of the Older Americans Act of 1965 (42 U.S.C. 3001 et seq.).</DELETED> <DELETED>SEC. 4. DEFINITIONS.</DELETED> <DELETED> In this Act, the terms ``area agency on aging'', ``Assistant Secretary'', ``older individual'', and ``Secretary'' have the meanings given such terms in section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002).</DELETED> <DELETED>TITLE I--STRENGTHENING THE AGING NETWORK TO MEET THE NEEDS OF OLDER INDIVIDUALS</DELETED> <DELETED>SEC. 101. DECLARATION OF OBJECTIVES.</DELETED> <DELETED> Section 101 (42 U.S.C. 3001) is amended--</DELETED> <DELETED> (1) in the matter preceding paragraph (1), by striking ``of the following objectives:'' and inserting ``of the objectives of--'';</DELETED> <DELETED> (2) in each of paragraphs (1) through (10), by amending the first word so that it begins with a lowercase letter;</DELETED> <DELETED> (3) in each of paragraphs (1) through (8), by striking the period at the end and inserting a semicolon;</DELETED> <DELETED> (4) in each of paragraphs (9) and (10), by striking the period at the end and inserting ``; and'';</DELETED> <DELETED> (5) in paragraph (2), by inserting ``to improve health outcomes and reduce health care expenditures'' after ``economic status'';</DELETED> <DELETED> (6) by redesignating paragraphs (1) through (10) as subparagraphs (A) through (J), respectively, and adjusting the margins accordingly;</DELETED> <DELETED> (7) in the matter preceding subparagraph (A) (as so redesignated), by striking ``our democratic society, the older people'' and inserting the following: ``our democratic society--</DELETED> <DELETED> ``(1) the older people''; and</DELETED> <DELETED> (8) by adding at the end the following:</DELETED> <DELETED> ``(2) the families of older individuals and community-based organizations, including faith-based organizations, also play a vital role in supporting and honoring older individuals and their happiness, dignity, and independence.''.</DELETED> <DELETED>SEC. 102. ADDRESSING MENTAL HEALTH AND SUBSTANCE USE DISORDERS AND COGNITIVE IMPAIRMENTS OF OLDER INDIVIDUALS.</DELETED> <DELETED> Section 201(f) (42 U.S.C. 3011(f)) is amended to read as follows:</DELETED> <DELETED> ``(f)(1) The Assistant Secretary may designate an officer or employee who shall be responsible for the administration of services for mental health and substance use disorders and cognitive impairments authorized under this Act and serve as an effective and visible advocate for the related needs of older individuals within the Department of Health and Human Services, including by ensuring that relevant information disseminated and research conducted or supported by the Department takes into consideration such services.</DELETED> <DELETED> ``(2) It shall be the duty of the Assistant Secretary, acting through the individual designated under paragraph (1), and in consultation with the heads of relevant agencies within the Department of Health and Human Services, including the Substance Abuse and Mental Health Services Administration, to develop objectives, priorities, and a long-term plan for supporting State and local efforts under this Act involving education about and prevention, detection, and treatment of mental health and substance use disorders and cognitive impairment, including age-related dementia, depression, and Alzheimer's disease and related neurological disorders with neurological and organic brain dysfunction.</DELETED> <DELETED> ``(3) Not later than 2 years after the date of enactment of the Older Americans Act Reauthorization Act of 2024, the Assistant Secretary shall report to the Committee on Health, Education, Labor, and Pensions of the Senate, the Special Committee on Aging of the Senate, and the Committee on Education and the Workforce of the House of Representatives on the activities of the officer or employee designated under paragraph (1) in carrying out the requirements under this subsection, including any activities to identify and reduce duplication and gaps across the Department in such information disseminated and research conducted or supported by the Department.''.</DELETED> <DELETED>SEC. 103. LIST OF NATIONAL RESOURCE CENTERS.</DELETED> <DELETED> Section 202 (42 U.S.C. 3012) is amended--</DELETED> <DELETED> (1) in subsection (d)(4), by striking ``Resource Center on Elder Abuse'' and inserting ``Center''; and</DELETED> <DELETED> (2) by striking subsection (h) and inserting the following:</DELETED> <DELETED> ``(h)(1) The Assistant Secretary shall publish online in a publicly accessible format, on an annual basis, a list of national resource centers and demonstration projects authorized, or administratively established through funds provided under, this Act.</DELETED> <DELETED> ``(2) The Assistant Secretary shall ensure that the list published pursuant to paragraph (1)--</DELETED> <DELETED> ``(A) includes--</DELETED> <DELETED> ``(i) a description of each such center and demonstration project, including the projected goals and activities of each such center and demonstration project;</DELETED> <DELETED> ``(ii) a citation to the statutory authorization of each such center and demonstration project, or a citation to the statutory authority that the Assistant Secretary relied upon to administratively establish each such center and demonstration project;</DELETED> <DELETED> ``(iii) the award amount for each such center and demonstration project; and</DELETED> <DELETED> ``(iv) a summary of any evaluations required under this Act for each such center, including a description of any measures of effectiveness; and</DELETED> <DELETED> ``(B) is directly provided to State agencies, area agencies on aging, and the Committee on Health, Education, Labor, and Pensions and the Special Committee on Aging of the Senate and the Committee on Education and the Workforce of the House of Representatives.''.</DELETED> <DELETED>SEC. 104. AWARENESS OF RELEVANT FEDERAL PROGRAMS.</DELETED> <DELETED> Title II (42 U.S.C. 3011 et seq.) is amended by inserting after section 203A (42 U.S.C. 3013a) the following:</DELETED> <DELETED>``SEC. 203B. AWARENESS OF RELEVANT FEDERAL PROGRAMS.</DELETED> <DELETED> ``In carrying out section 203(a)(1), the Assistant Secretary shall coordinate with the heads of relevant Federal departments and agencies to ensure that the aging network and individuals served under this Act are aware of, and, subject to applicable eligibility criteria, have access to, Federal programs that may advance the objectives of this Act, including programs described in section 203(b) and other programs to meet housing, health care, and other supportive service needs to help such individuals age in place.''.</DELETED> <DELETED>SEC. 105. EVALUATIONS AND SURVEYS.</DELETED> <DELETED> Section 206 (42 U.S.C. 3017) is amended--</DELETED> <DELETED> (1) by striking subsection (d) and inserting the following:</DELETED> <DELETED> ``(d)(1) In carrying out evaluations under this section, the Secretary shall--</DELETED> <DELETED> ``(A) award grants to, or enter into contracts with, public or nonprofit private organizations or academic or research institutions to survey State agencies, area agencies on aging, and other program and project participants about the strengths and weaknesses of the programs and projects; and</DELETED> <DELETED> ``(B) conduct, where appropriate, evaluations that compare the effectiveness of related programs in achieving common objectives.</DELETED> <DELETED> ``(2) The surveys and evaluations under paragraph (1) shall include information on programs, services, use and sources of funding (including any transfer of funding between area agencies on aging), identified unmet need for services and related indicators, and any other challenges faced by State agencies and area agencies on aging in carrying out the activities of this Act.</DELETED> <DELETED> ``(3) The Secretary shall, in carrying out the evaluations under paragraph (1), consult with organizations concerned with older individuals, including organizations that represent minority individuals, older individuals residing in rural areas, and older individuals with disabilities.''; and</DELETED> <DELETED> (2) in subsection (g), by striking ``him'' and inserting ``the Secretary''.</DELETED> <DELETED>SEC. 106. CONTRACTING AND GRANT AUTHORITY.</DELETED> <DELETED> (a) In General.--Section 212 (42 U.S.C. 3020c) is amended--</DELETED> <DELETED> (1) by striking subsection (a) and inserting the following:</DELETED> <DELETED> ``(a) In General.--Subject to subsection (b), this Act shall not be construed to prevent a recipient of a grant or a contract under this Act (other than title V) from entering into an agreement with a profitmaking organization for the recipient to provide services to individuals or entities not otherwise receiving services under this Act, provided that--</DELETED> <DELETED> ``(1) in the case funds provided under this Act are used in developing or carrying out the agreement-- </DELETED> <DELETED> ``(A) such agreement guarantees that the cost is reimbursed to the recipient;</DELETED> <DELETED> ``(B) if such agreement provides for the provision of 1 or more services, of the type provided under this Act by or on behalf of such recipient, to an individual or entity seeking to receive such services-- </DELETED> <DELETED> ``(i) the individuals and entities may only purchase such services at their fair market rate;</DELETED> <DELETED> ``(ii) all costs incurred by the recipient in providing such services (and not otherwise reimbursed under subparagraph (A)), are reimbursed to such recipient; and</DELETED> <DELETED> ``(iii) except in the case of an agreement with a health plan or health care provider, the recipient reports the rates for providing such services under such agreement in accordance with subsection (c) and the rates are consistent with the prevailing market rate for provision of such services in the relevant geographic area as determined by the State agency or area agency on aging (as applicable); and</DELETED> <DELETED> ``(C) any amount of payment to the recipient under the agreement that exceeds reimbursement under this subsection of the recipient's costs is used to provide, or support the provision of, services under this Act; and</DELETED> <DELETED> ``(2) subject to subsection (e), in the case no funds provided under this Act are used in developing or carrying out the agreement--</DELETED> <DELETED> ``(A) not later than 45 days after the agreement first goes into effect, and annually thereafter until the termination of su