[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4776 Engrossed in Senate (ES)]
<DOC>
118th CONGRESS
2d Session
S. 4776
_______________________________________________________________________
AN ACT
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,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Older Americans Act Reauthorization
Act of 2024''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Definitions.
TITLE I--STRENGTHENING THE AGING NETWORK TO MEET THE NEEDS OF OLDER
INDIVIDUALS
Sec. 101. Declaration of objectives.
Sec. 102. Addressing mental health and substance use disorders and
cognitive impairments of older individuals.
Sec. 103. List of national resource centers.
Sec. 104. Awareness of relevant Federal programs.
Sec. 105. Evaluations and surveys.
Sec. 106. Contracting.
Sec. 107. Guidance on reallocation of funding between area agencies on
aging.
Sec. 108. Right to first refusal.
Sec. 109. Area agency on aging capabilities.
Sec. 110. Supporting older individuals with disabilities through
improved coordination.
Sec. 111. Business acumen, fiscal training, and technical assistance.
Sec. 112. Enhancing access to assistive technology.
Sec. 113. White House Conference on Aging.
Sec. 114. Technical amendments.
TITLE II--IMPROVING HEALTH OUTCOMES AND ENCOURAGING INDEPENDENCE FOR
OLDER INDIVIDUALS
Sec. 201. Disease prevention and health promotion services.
Sec. 202. Improving health outcomes.
Sec. 203. Technical assistance on evidence-based programs.
Sec. 204. Enhancing multipurpose senior centers.
Sec. 205. Addressing home modifications.
Sec. 206. National resource center for engaging older adults.
Sec. 207. Multigenerational and civic engagement activities.
Sec. 208. Report relating to health outcomes for older individuals
living with or near family members.
Sec. 209. Improving broadband coordination and reducing social
isolation.
TITLE III--ENHANCING INNOVATION AND FLEXIBILITY IN NUTRITION SERVICES
Sec. 301. Medically tailored meals.
Sec. 302. Grab-and-go meals.
Sec. 303. GAO study on Nutrition Services Incentive Program.
Sec. 304. Innovations in nutrition programs and services.
TITLE IV--SUPPORTING FAMILY CAREGIVERS
Sec. 401. Improving the National Family Caregiver Support Program.
Sec. 402. Emphasizing respite care.
Sec. 403. Clarifying supportive services.
Sec. 404. Direct care workforce resource center.
Sec. 405. Supporting Grandparents Raising Grandchildren Act.
Sec. 406. RAISE Family Caregivers Act.
TITLE V--COMMUNITY SERVICE SENIOR OPPORTUNITIES ACT
Sec. 501. Improving the Community Service Employment Program.
Sec. 502. GAO report on alignment within the Community Service
Employment Program.
TITLE VI--IMPROVING SERVICES FOR NATIVE ELDERS
Sec. 601. Older Americans Tribal Advisory Committee.
Sec. 602. Supportive services; set aside.
Sec. 603. GAO report on Tribal services.
Sec. 604. Technical amendments.
TITLE VII--STRENGTHENING THE LONG-TERM CARE OMBUDSMAN PROGRAMS AND
ELDER ABUSE PREVENTION
Sec. 701. Director of the Office of Long-Term Care Ombudsman Programs.
Sec. 702. Legal assistance training resources relating to elder abuse
prevention.
Sec. 703. Improving training of volunteers under the State Long-Term
Care Ombudsman Program.
Sec. 704. Reporting on State Long-Term Care Ombudsman Programs.
Sec. 705. Study on State Long-Term Care Ombudsman Programs.
TITLE VIII--AUTHORIZATIONS OF APPROPRIATIONS
Sec. 801. Administration on Aging.
Sec. 802. Grants for State and community programs on aging.
Sec. 803. Activities for health, independence, and longevity.
Sec. 804. Community Service Senior Opportunities Act.
Sec. 805. Grants for Native Americans.
Sec. 806. Allotments for elder rights protection activities.
SEC. 3. REFERENCES.
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.).
SEC. 4. DEFINITIONS.
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).
TITLE I--STRENGTHENING THE AGING NETWORK TO MEET THE NEEDS OF OLDER
INDIVIDUALS
SEC. 101. DECLARATION OF OBJECTIVES.
Section 101 (42 U.S.C. 3001) is amended--
(1) in the matter preceding paragraph (1), by striking ``of
the following objectives:'' and inserting ``of the objectives
of--'';
(2) in each of paragraphs (1) through (10), by amending the
first word so that it begins with a lowercase letter;
(3) in each of paragraphs (1) through (8), by striking the
period at the end and inserting a semicolon;
(4) in each of paragraphs (9) and (10), by striking the
period at the end and inserting ``; and'';
(5) in paragraph (2), by inserting ``to improve health
outcomes and reduce health care expenditures'' after ``economic
status'';
(6) by redesignating paragraphs (1) through (10) as
subparagraphs (A) through (J), respectively, and adjusting the
margins accordingly;
(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--
``(1) the older people''; and
(8) by adding at the end the following:
``(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.''.
SEC. 102. ADDRESSING MENTAL HEALTH AND SUBSTANCE USE DISORDERS AND
COGNITIVE IMPAIRMENTS OF OLDER INDIVIDUALS.
Section 201(f) (42 U.S.C. 3011(f)) is amended to read as follows:
``(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.
``(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 impairments,
including age-related dementia, depression, and Alzheimer's disease and
related neurological disorders with neurological and organic brain
dysfunction.
``(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.''.
SEC. 103. LIST OF NATIONAL RESOURCE CENTERS.
Section 202 (42 U.S.C. 3012) is amended--
(1) in subsection (d)(4), by striking ``Resource Center on
Elder Abuse'' and inserting ``Center''; and
(2) by striking subsection (h) and inserting the following:
``(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 under, or
administratively established through funds provided under, this Act.
``(2) The Assistant Secretary shall ensure that the list published
pursuant to paragraph (1)--
``(A) includes--
``(i) a description of each such center and
demonstration project, including the projected goals
and activities of each such center and demonstration
project;
``(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 relies upon to administratively establish
each such center and demonstration project;
``(iii) the award amount for each such center and
demonstration project; and
``(iv) a summary of any evaluations required under
this Act for each such center, including a description
of any measures of effectiveness; and
``(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.''.
SEC. 104. AWARENESS OF RELEVANT FEDERAL PROGRAMS.
Title II (42 U.S.C. 3011 et seq.) is amended by inserting after
section 203A (42 U.S.C. 3013a) the following:
``SEC. 203B. AWARENESS OF RELEVANT FEDERAL PROGRAMS.
``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.''.
SEC. 105. EVALUATIONS AND SURVEYS.
Section 206 (42 U.S.C. 3017) is amended--
(1) by striking subsection (d) and inserting the following:
``(d)(1) In carrying out evaluations under this section, the
Secretary shall--
``(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
``(B) conduct, where appropriate, evaluations that compare
the effectiveness of related programs in achieving common
objectives.
``(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.
``(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
(2) in subsection (g), by striking ``him'' and inserting
``the Secretary''.
SEC. 106. CONTRACTING.
(a) In General.--Section 212 (42 U.S.C. 3020c) is amended--
(1) in the section heading, by striking ``and grant
authority'';
(2) by striking subsection (a) and inserting the following:
``(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 a contract, commercial
relationship, or other business arrangement (referred to in this
section as 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--
``(1) in the case funds provided under this Act are used in
developing or carrying out the agreement--
``(A) such agreement guarantees that the cost is
reimbursed to the recipient;
``(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--
``(i) the individuals and entities may only
purchase such services at their fair market
rate;
``(ii) all costs incurred by the recipient
in providing such services (and not otherwise
reimbursed under subparagraph (A)), are
reimbursed to such recipient; and
``(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
``(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
``(2) subject to subsection (e), in the case no funds
provided under this Act are used in developing or carrying out
the agreement--
``(A) not later than 45 days after the agreement
first goes into effect, and annually thereafter until
the termination of such agreement, the recipient of a
grant or contract under this Act shall, in writing--
``(i) notify the State agency of--
``(I) the existence of the
agreement; and
``(II) the services provided and
populations served under the agreement;
and
``(ii) provide assurances to the State
agency that--
``(I) nothing in the agreement--
``(aa) undermines--
``(AA) the duties
of the recipient under
this Act; or
``(BB) the
provision of services
in accordance with this
Act; or
``(bb) violates any other
terms and conditions of an
award received by the recipient
under this Act; and
``(II) any potential real or
perceived conflict of interest with
respect to the agreement has been
prevented, mitigated, or otherwise
addressed, including providing a
description of any such conflicts of
interest and a description of the
actions taken to mitigate such
conflicts of interest; and
``(B) not later than 45 days after the population
or services under the agreement substantially change
due to an amendment to the agreement, the recipient
shall, in writing--
``(i) notify the State agency of such
change; and
``(ii) provide the assurances described in
subparagraph (A)(ii) with respect to such
change.'';
(3) by striking subsection (b) and inserting the following:
``(b) Ensuring Appropriate Use of Funds.--An agreement--
``(1) described in subsection (a)(1) may not--
``(A) be made without the prior approval of the
State agency (or, in the case of a grantee under title
VI, without the prior recommendation of the Director of
the Office for American Indian, Alaska Native, and
Native Hawaiian Programs and the prior approval of the
Assistant Secretary), after timely submission of all
relevant documents related to the agreement including
information on all costs incurred; or
``(B) directly or indirectly provide for, or have
the effect of, paying, reimbursing, subsidizing, or
otherwise compensating an individual or entity in an
amount that exceeds the fair market value of the
services subject to such agreement; and
``(2) described in subsection (a) may not--
``(A) result in the displacement of services
otherwise available to an older individual with
greatest social need, an older individual with grea