Modernization of the Older Americans Act Amendments

II 116TH CONGRESS 1ST SESSION S. 3057 To modernize the Older Americans Act of 1965, and for other purposes. IN THE SENATE OF THE UNITED STATES DECEMBER 16, 2019 Ms. COLLINS (for herself and Mr. CASEY) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To modernize the Older Americans Act of 1965, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Modernization of the 4 Older Americans Act Amendments’’. 5 SEC. 2. TABLE OF CONTENTS. 6 The table of contents of this Act is as follows: 7 Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. References. Sec. 4. Definitions. TITLE I—MODERNIZING DEFINITIONS AND PROGRAMS UNDER THE ADMINISTRATION ON AGING VerDate Sep 11 2014 23:09 Dec 20, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\S3057.IS S3057 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 3057 IS Sec. 101. Reauthorization. Sec. 102. Person-centered, trauma-informed services. Sec. 103. Aging and Disability Resource Centers. Sec. 104. Assistive technology. Sec. 105. Vaccination. Sec. 106. Malnutrition. Sec. 107. Sexually transmitted diseases. Sec. 108. Addressing chronic pain management. Sec. 109. Screening for suicide risk. Sec. 110. Addressing public health emergencies and emerging health threats. Sec. 111. Clarification regarding board and care facilities. Sec. 112. Person-centered, trauma-informed services. Sec. 113. Modernizing the review of applications and providing technical assist- ance for disasters. Sec. 114. Notification of availability of or updates to policies, practices, and procedures through a uniform e-format. Sec. 115. Evidence-Based program adaptation. Sec. 116. Business acumen provisions and clarification regarding outside fund- ing for area agencies on aging. Sec. 117. National resource center for older individuals experiencing the long- term and adverse consequences of trauma. Sec. 118. National Resource Center for Women and Retirement. Sec. 119. Family caregivers. Sec. 120. Coordination with Assistant Secretary for Mental Health and Sub- stance Use and Director of the Centers for Disease Control and Prevention. Sec. 121. Modernizing the Interagency Coordinating Committee on Healthy Aging and Age-Friendly Communities. Sec. 122. Professional standards for nutrition official under the Assistant Sec- retary. Sec. 123. Report on social isolation. Sec. 124. Innovation, demonstration, and evaluation within aging programs. TITLE II—IMPROVING GRANTS FOR STATE AND COMMUNITY PROGRAMS ON AGING Sec. 201. Determinants of health. Sec. 202. Younger onset Alzheimer’s disease. Sec. 203. Reauthorization. Sec. 204. Hold harmless formula. Sec. 205. Outreach efforts. Sec. 206. Maintenance of effort for State Long-Term Care Ombudsman pro- gram. Sec. 207. Coordination with resource centers. Sec. 208. Senior legal hotlines. Sec. 209. Increase in limit on use of allotted funds for State administrative costs. Sec. 210. Improvements to nutrition programs. Sec. 211. Review of reports. Sec. 212. Other practices. Sec. 213. Culturally appropriate, medically tailored meals. Sec. 214. Nutrition services study. Sec. 215. National Family Caregiver Support program. Sec. 216. National Family Caregiver Support program cap. VerDate Sep 11 2014 23:09 Dec 20, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\S3057.IS S3057 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 3057 IS TITLE III—MODERNIZING ACTIVITIES FOR HEALTH, INDEPENDENCE, AND LONGEVITY Sec. 301. Reauthorization. Sec. 302. Falls prevention and chronic disease self-management education. Sec. 303. Technical assistance and innovation to improve transportation for older individuals. Sec. 304. Grant program for multigenerational collaboration. TITLE IV—SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM Sec. 401. Priority for the senior community service employment program. Sec. 402. Authorization of appropriations. TITLE V—ENHANCING GRANTS FOR NATIVE AMERICANS Sec. 501. Reauthorization. TITLE VI—MODERNIZING ALLOTMENTS FOR VULNERABLE ELDER RIGHTS PROTECTION ACTIVITIES AND OTHER PROGRAMS Sec. 601. Reauthorization; vulnerable elder rights protection activities. Sec. 602. Volunteer State long-term care ombudsman representatives. Sec. 603. Prevention of elder abuse, neglect, and exploitation. Sec. 604. Principles for person-directed services and supports during serious ill- ness. Sec. 605. Extension of the Supporting Grandparents Raising Grandchildren Act. Sec. 606. Best practices for home and community-based ombudsmen. Sec. 607. Senior home modification assistance initiative. TITLE VII—MISCELLANEOUS Sec. 701. Technical corrections. SEC. 3. REFERENCES. 1 Except as otherwise expressly provided in this Act, 2 wherever in this Act an amendment or repeal is expressed 3 in terms of an amendment to, or a repeal of, a section 4 or other provision, the reference shall be considered to be 5 made to that section or other provision of the Older Amer- 6 icans Act of 1965 (42 U.S.C. 3001 et seq.). 7 SEC. 4. DEFINITIONS. 8 In this Act, the terms ‘‘area agency on aging’’, ‘‘As- 9 sistant Secretary’’, ‘‘greatest social need’’, ‘‘older indi- 10 VerDate Sep 11 2014 23:09 Dec 20, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3057.IS S3057 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 3057 IS vidual’’, and ‘‘Secretary’’ have the meanings given such 1 terms in section 102 of the Older Americans Act of 1965 2 (42 U.S.C. 3002). 3 TITLE I—MODERNIZING DEFINI- 4 TIONS AND PROGRAMS 5 UNDER THE ADMINISTRA- 6 TION ON AGING 7 SEC. 101. REAUTHORIZATION. 8 Section 216 (42 U.S.C. 3020f) is amended to read 9 as follows— 10 ‘‘SEC. 216. AUTHORIZATION OF APPROPRIATIONS. 11 ‘‘(a) IN GENERAL.—For purposes of carrying out 12 this Act, there are authorized to be appropriated for ad- 13 ministration, salaries, and expenses of the Administration 14 $44,041,171 for fiscal year 2020, $46,684,701 for fiscal 15 year 2021, $49,485,783 for fiscal year 2022, $52,454,930 16 for fiscal year 2023, $55,602,226 for fiscal year 2024, 17 $58,938,360 for fiscal year 2025, and $62,474,661 for fis- 18 cal year 2026. 19 ‘‘(b) ADDITIONAL AUTHORIZATIONS.—There are au- 20 thorized to be appropriated— 21 ‘‘(1) to carry out section 202(a)(21) (relating to 22 the National Eldercare Locator Service), $2,186,227 23 for fiscal year 2020, $2,317,401 for fiscal year 24 2021, $2,456,445 for fiscal year 2022, $2,603,832 25 VerDate Sep 11 2014 23:09 Dec 20, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3057.IS S3057 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 3057 IS for fiscal year 2023, $2,760,062 for fiscal year 1 2024, $2,925,665 for fiscal year 2025, and 2 $3,101,206 for fiscal year 2026; 3 ‘‘(2) to carry out section 215, $1,992,460 for 4 fiscal year 2020, $2,112,008 for fiscal year 2021, 5 $2,238,728 for fiscal year 2022, $2,373,052 for fis- 6 cal year 2023, $2,515,435 for fiscal year 2024, 7 $2,667,361 for fiscal year 2025, and $2,826,343 for 8 fiscal year 2026; 9 ‘‘(3) to carry out section 202 (relating to Elder 10 Rights Support Activities under this title), 11 $1,375,011 for fiscal year 2020, $1,457,511 for fis- 12 cal year 2021, $1,544,962 for fiscal year 2022, 13 $1,637,660 for fiscal year 2023, $1,735,919 for fis- 14 cal year 2024, $1,840,074 for fiscal year 2025, and 15 $1,950,479 for fiscal year 2026; 16 ‘‘(4) to carry out section 202(b) (relating to the 17 Aging and Disability Resource Centers), $8,708,043 18 for fiscal year 2020, $9,230,526 for fiscal year 19 2021, $9,784,357 for fiscal year 2022, $10,371,419 20 for fiscal year 2023, $10,993,704 for fiscal year 21 2024, $11,653,326 for fiscal year 2025, and 22 $12,352,525 for fiscal year 2026.’’. 23 VerDate Sep 11 2014 23:09 Dec 20, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3057.IS S3057 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 3057 IS SEC. 102. PERSON-CENTERED, TRAUMA-INFORMED SERV- 1 ICES. 2 Section 101(2) (42 U.S.C. 3001(2)) is amended by 3 inserting ‘‘(including access to person-centered, trauma- 4 informed services as appropriate)’’ after ‘‘health’’. 5 SEC. 103. AGING AND DISABILITY RESOURCE CENTERS. 6 Section 102(4) (42 U.S.C. 3002(4)) is amended— 7 (1) in the matter preceding subparagraph (A), 8 by inserting ‘‘, in collaboration with (as appropriate) 9 area agencies on aging, centers for independent liv- 10 ing (as described in part C of title VII of the Reha- 11 bilitation Act of 1973 (29 U.S.C. 796f et seq.)), and 12 other aging or disability entities’’ after ‘‘provides’’; 13 (2) in subparagraph (B)— 14 (A) by inserting ‘‘services, supports, and’’ 15 after ‘‘plan for long-term’’; and 16 (B) by inserting ‘‘and choices’’ after ‘‘de- 17 sires’’; and 18 (3) in subparagraph (D), by striking ‘‘(29 19 U.S.C. 796f et seq.), and other community-based en- 20 tities,’’ and inserting ‘‘, and other community-based 21 entities, including other aging or disability entities,’’. 22 SEC. 104. ASSISTIVE TECHNOLOGY. 23 The Older Americans Act of 1965 (42 U.S.C. 3001 24 et seq.) is amended— 25 VerDate Sep 11 2014 23:09 Dec 20, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3057.IS S3057 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 3057 IS (1) in section 102(8) (42 U.S.C. 3002(8)), by 1 adding at the end the following: 2 ‘‘(C) The term ‘State assistive technology entity’ 3 means the agency, office, or other entity designated under 4 subsection (c)(1) of section 4 of the Assistive Technology 5 Act of 1998 (29 U.S.C. 3003) to carry out State activities 6 under such section.’’; 7 (2) in section 306 (42 U.S.C. 3026)— 8 (A) in subsection (a)(6)— 9 (i) in subparagraph (G), by striking ‘‘; 10 and’’ and inserting a semicolon; 11 (ii) in subparagraph (H), by striking 12 ‘‘appropriate;’’ and inserting ‘‘appropriate; 13 and’’; and 14 (iii) by adding at the end the fol- 15 lowing: 16 ‘‘(I) coordinate with the State assistive tech- 17 nology entity to ensure access to, and acquisition of, 18 assistive technology in serving older individuals;’’; 19 and 20 (B) in subsection (b)(3)— 21 (i) in subparagraph (K)— 22 (I) by aligning the margins of the 23 subparagraph with the margins of 24 subparagraph (J); and 25 VerDate Sep 11 2014 23:09 Dec 20, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3057.IS S3057 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 3057 IS (II) by striking ‘‘; and’’ and in- 1 serting a semicolon; 2 (ii) by redesignating subparagraph 3 (L) as subparagraph (M); and 4 (iii) by inserting after subparagraph 5 (K) the following: 6 ‘‘(L) assistive technology devices and services; 7 and’’; and 8 (3) in section 411(a) (42 U.S.C. 3032(a))— 9 (A) in paragraph (2), by inserting ‘‘aligned 10 with evidence-based practice’’ after ‘‘applied so- 11 cial research’’; and 12 (B) in paragraph (10), by inserting ‘‘con- 13 sistent with section 508 of the Rehabilitation 14 Act of 1973 (29 U.S.C. 794d)’’ after ‘‘other 15 technologies’’. 16 SEC. 105. VACCINATION. 17 Section 102(14) (42 U.S.C. 3002(14)) is amended— 18 (1) in subparagraph (B), by inserting ‘‘immuni- 19 zation status,’’ after ‘‘oral health,’’; and 20 (2) in subparagraph (D), by inserting ‘‘infec- 21 tious disease, and vaccine-preventable disease,’’ after 22 ‘‘cardiovascular disease),’’. 23 VerDate Sep 11 2014 23:09 Dec 20, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3057.IS S3057 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 3057 IS SEC. 106. MALNUTRITION. 1 The Older Americans Act of 1965 (42 U.S.C. 3001 2 et seq.) is amended— 3 (1) in section 102(14)(B), as amended by sec- 4 tion 105(1), by inserting ‘‘(including screening for 5 malnutrition)’’ before the semicolon at the end; and 6 (2) in section 330(1), by striking ‘‘and food in- 7 security’’ and inserting ‘‘, food insecurity, and mal- 8 nutrition’’. 9 SEC. 107. SEXUALLY TRANSMITTED DISEASES. 10 Section 102(14)(D) (42 U.S.C. 3002(14)(D)), as 11 amended by section 105(2), is further amended by insert- 12 ing ‘‘prevention of sexually transmitted diseases,’’ after 13 ‘‘vaccine-preventable disease,’’. 14 SEC. 108. ADDRESSING CHRONIC PAIN MANAGEMENT. 15 Section 102(14)(D) (42 U.S.C. 3002(14)(D)), as 16 amended by section 107, is further amended by inserting 17 ‘‘chronic pain management,’’ after ‘‘substance abuse re- 18 duction,’’. 19 SEC. 109. SCREENING FOR SUICIDE RISK. 20 Section 102(14)(G) (42 U.S.C. 3002(14)(G)) is 21 amended by inserting ‘‘and screening for suicide risk’’ 22 after ‘‘depression’’. 23 SEC. 110. ADDRESSING PUBLIC HEALTH EMERGENCIES 24 AND EMERGING HEALTH THREATS. 25 Section 102(14) (42 U.S.C. 3002(14)) is amended— 26 VerDate Sep 11 2014 23:09 Dec 20, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S3057.IS S3057 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 3057 IS (1) by redesignating subparagraphs (K) and 1 (L) as subparagraphs (L) and (M), respectively; 2 (2) by inserting after subparagraph (J) the fol- 3 lowing: 4 ‘‘(K) responses to public health emer- 5 gencies and emerging health threats;’’; and 6 (3) in subparagraph (M), as so redesignated, by 7 striking ‘‘(A) through (K)’’ and inserting ‘‘(A) 8 through (L)’’. 9 SEC. 111. CLARIFICATION REGARDING BOARD AND CARE 10 FACILITIES. 11 Section 102(35)(C) (42 U.S.C. 3002(35)(C)) is 12 amended by striking ‘‘for purposes of sections 307(a)(12) 13 and 712,’’. 14 SEC. 112. PERSON-CENTERED, TRAUMA-INFORMED SERV- 15 ICES. 16 Section 102 (42 U.S.C. 3002) is amended— 17 (1) by redesignating paragraphs (41) through 18 (54) as paragraphs (42) through (55), respectively; 19 and 20 (2) by inserting after paragraph (40) the fol- 21 lowing: 22 ‘‘(41) The term ‘person-centered, trauma-in- 23 formed’, with respect to services, means services pro- 24 vided through an aging program that— 25 VerDate Sep 11 2014 23:09 Dec 20, 2019 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S3057.IS S3057 pamtmann on DSKBC07HB2PROD with BILLS 11 •S 3057 IS ‘‘(A) use a holistic approach to providing 1 services or care; 2 ‘‘(B) promote the dignity, strength, and 3 empowerment of victims of trauma; and 4 ‘‘(C) incorporate evidence-based practices 5 based on knowledge about the role of trauma in 6 trauma victims’ lives.’’. 7 SEC. 113. MODERNIZING THE REVIEW OF APPLICATIONS 8 AND PROVIDING TECHNICAL ASSISTANCE 9 FOR DISASTERS. 10 (a) REVIEW OF APPLICATIONS.—Section 202 (42 11 U.S.C. 3012) is amended— 12 (1) by amending subsection (a)(4) to read as 13 follows: 14 ‘‘(4) administer the grants provided by this Act, 15 but not approve an application submitted by an ap- 16 plicant for a grant for an activity under a provision 17 of this Act [Text truncated for display. Full text available on Congress.gov.]