S. 4776 — what changed

changed In this Act, the terms “area area agency on aging”, “Assistant Secretary”, “older individual”, aging, Assistant Secretary, older individual, and “Secretary” Secretary have the meanings given such terms in section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002).

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.

changed “(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 about, and prevention, detection, and treatment of of, mental health and substance use disorders and cognitive impairment, 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.”

Section 202 (42 U.S.C. 3012) is amended—

“(h)

changed “(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, 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;

changed “(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 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.”

added “(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—

removed “(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—

“(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.”

“(b) Ensuring appropriate use of funds—An agreement—

“(1) described in subsection (a)(1) may not—

added “(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

removed “(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 Aging 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 greatest economic need, or an older individual who is at risk for institutional placement; or

“(B) in any other way compromise, undermine, or be inconsistent with the objective of serving the needs of older individuals, as determined by the Assistant Secretary.”

added “(c) Monitoring and reporting—To ensure that any agreement described in subsection (a)(1) complies with the requirements of this section and other applicable provisions of this Act, the Assistant Secretary shall develop and implement uniform monitoring procedures and reporting requirements consistent with the provisions of subparagraphs (A) through (E) of section 306(a)(13) in consultation with the State agencies and area agencies on aging. The Assistant Secretary shall conduct a review on the impact of such agreements on the provision of services under this Act, including the number of agreements per State, summaries of such agreements, and the impact of such agreements on access to services consistent with the goals of this Act. The Assistant Secretary shall annually prepare and submit 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 the findings of such review.”

“(e) Requesting additional information for certain non-OAA agreements

“(1) In general—In the case of an agreement described in subsection (a)(2), if the State agency has a reasonable belief that an agreement may violate the assurances provided under subsection (a)(2)(A)(ii), the State agency may request additional information from the recipient of funds under this Act that is a party to such agreement, which may include a request for a copy of such agreement. Such recipient shall make a good faith effort to address such request for additional information, except that such recipient shall not provide agreements or other data that are restricted under the terms of a non-disclosure agreement signed by such recipient. If such recipient declines to provide a copy of an agreement to a State agency, such recipient shall provide a justification to the State agency within 30 days of receiving such request.

“(2) Confidentiality—A State agency shall keep confidential, as required by applicable Federal and State law, all information received under this subsection that is—

“(A) a trade secret;

“(B) commercial or financial information; and

changed “(C) information obtained from an individual that is privileged and confidential.”confidential.

added “(f) Definitions—In this section:

added “(1) Cost—The term cost means an expense, including an administrative expense, incurred by a recipient in developing or carrying out an agreement described in subsection (a), whether the recipient contributed funds, staff time, or other plant, equipment, or services to meet the expense.

added “(2) Recipient—The term recipient means an area agency on aging in a State with multiple planning and service areas.”

removed Not later than 1 year after the date of enactment of this Act, the Assistant Secretary shall disseminate guidance to State agencies (as defined in section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002)) and area agencies on aging on circumstances under which funds appropriated pursuant to part B and subparts 1 and 2 of part C of title III of the Older Americans Act (42 U.S.C. 3030d et seq., 42 U.S.C. 3030e et seq., 42 U.S.C. 3030f et seq.) may be appropriate to transfer between area agencies on aging, with the approval of the State agency and the concurrence of any involved area agencies on aging, within a budget year.

Section 307(a) (42 U.S.C. 3027(a)) is amended by adding at the end the following:

changed “(31) The plan shall provide assurances that the State agency may provide agency, to the extent feasible and when applicable and appropriate, provides technical assistance, as needed, assistance for area agencies on aging related to the development of business acumen, sound fiscal practices, capacity building, organizational development, innovation, and other methods of growing and sustaining the capacity of the aging network to carry out activities funded under this Act to serve older individuals and caregivers most effectively.”

Title II of the Older Americans Act Amendments of 1987 (42 U.S.C. 3001 note; Public Law 100–175) is amended by striking title II and inserting the following:

“II White House Conference on Aging

“201. Authorization of the Conference

“(a) Authority To call conference—Not earlier than January 21, 2025 and not later than December 31, 2025, the President shall convene the White House Conference on Aging in order to fulfill the purpose set forth in subsection (c) and to make fundamental policy recommendations regarding programs that are important to older individuals and to the families and communities of such individuals.

“(b) Planning and direction—The Conference described in subsection (a) shall be planned and conducted under the direction of the Secretary, in cooperation with the Assistant Secretary for Aging, the Director of the National Institute on Aging, the Administrator of the Centers for Medicare and Medicaid Services, the Social Security Administrator, and the heads of such other Federal agencies serving older individuals as are appropriate. Planning and conducting the Conference includes the assignment of personnel.

“(c) Purpose—The purpose of the Conference described in subsection (a) shall be to gather individuals representing the spectrum of thought and experience in the field of aging to—

“(1) evaluate the manner in which the objectives of the Older Americans Act of 1965 (42 U.S.C. 3001 et seq.) can be met by using the resources and talents of older individuals, of families and communities of such individuals, and of individuals from the public and private sectors;

changed “(2) evaluate the manner in which Federal policies, programs, and activities meet and respond to the needs of older individuals, including an examination of innovative and fiscally responsible strategies relating to retirement security, caregiving, nutrition and supportive services, health care, elder justice, and long term long-term services and supports;

changed “(3) review be informed by the work and recommendations of the Interagency Coordinating Committee on Healthy Aging and Age-Friendly Communities, and evaluate the recommendations of the Committee, which may include and, as appropriate, suggest implementation strategies for such recommendations;recommendations; and

“(4) develop recommendations to guide the President, Congress, and Federal agencies in improving Federal programs that serve older individuals, which may relate to the prevention and mitigation of disease, injury, abuse, social isolation, loneliness, and economic insecurity, including food insecurity, and promotion of healthy aging in place.

“(d) Conference participants and delegates

“(1) Participants—In order to carry out the purposes of this section, the Conference shall bring together—

“(A) representatives of Federal, State, Tribal, and local governments;

“(B) professionals and volunteers who are working in the field of aging; and

“(C) representatives of the general public, particularly older individuals.

changed “(2) Selection of delegates—The delegates shall be selected without regard to political affiliation or past partisan activity and shall, to the best of the appointing authority's ability, be representative of the spectrum of thought in the field of aging. Delegates shall include older individuals, individuals who are professionals in the field of aging, individuals who are community leaders, minority individuals, individuals from rural areas, low-income individuals, and representatives of Federal, State, Tribal, and local governments.

“202. Conference administration

“(a) Administration—In administering this section, the Secretary shall—

“(1) consult with relevant State, Tribal, and local officials, stakeholders, and subject matter experts in planning the Conference;

“(2) request the cooperation and assistance of the heads of such other Federal departments and agencies, including such officials of the Interagency Coordinating Committee on Healthy Aging and Age-Friendly Communities, as may be appropriate in the carrying out of this section;

changed “(3) make available for public comment a proposed agenda for the Conference, which will reflect to the greatest extent possible the major issues facing older individuals individuals, consistent with the provisions of subsection (a);section 201(c);

“(4) prepare and make available such background materials for the use of delegates to the Conference as the Secretary deems necessary; and

“(5) engage such additional personnel as may be necessary to carry out the provisions of this section without regard to provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates.

“(b) Duties—The Secretary shall, in carrying out the Secretary's responsibilities and functions under this section, and as part of the White House Conference on Aging, ensure that—

“(1) the agenda prepared under subsection (a)(3) for the Conference is published in the Federal Register not later than 30 days after such agenda is approved by the Secretary;

“(2) the personnel engaged under subsection (a)(5) shall be fairly balanced in terms of points of views represented and shall be appointed without regard to political affiliation or previous partisan activities;

“(3) the recommendations of the Conference are not inappropriately influenced by any appointing authority or by any special interest, but will instead be the result of the independent judgment of the Conference; and

changed “(4) current and adequate statistical data, including decennial census data, and other information on the well-being of older individuals in the United States States, are readily available, in advance of the Conference, to the delegates of the Conference, together with such information as may be necessary to evaluate Federal programs and policies relating to aging. In carrying out this subparagraph, the Secretary is authorized to make grants to, and enter into cooperative agreements with, public agencies and nonprofit private organizations.

changed “(c) Gifts—The Secretary may accept, on behalf of the United States, gifts (in cash or in kind, including voluntary and uncompensated services), services) that shall be available to carry out this title. Gifts of cash shall be available in addition to amounts appropriated to carry out this title. Gifts may be earmarked by the donor for a specific purpose.

“(d) Records—The Secretary shall maintain records regarding—

“(1) the sources, amounts, and uses of gifts accepted under subsection (c); and

“(2) the identity of each person receiving assistance to carry out this title, and the amount of such assistance received by each such person.

“203. Report of the Conference

“(a) Preliminary report—Not later than 100 days after the date on which the Conference adjourns, the Secretary shall publish and deliver to the States a preliminary report on the Conference. Comments on the preliminary report of the Conference shall be accepted by the Secretary.

“(b) Final report—Not later than 180 days after the date on which the Conference adjourns, the Secretary shall publish and transmit to the President and to Congress recommendations resulting from the Conference and suggestions for any administrative action and legislation necessary to implement the recommendations contained within the report.

“204. Definitions

“In this title:

“(1) Conference—The term Conference means the White House Conference on Aging.

“(2) Secretary—The term Secretary means the Secretary of Health and Human Services.

“(3) State—The term State means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands of the United States, the Trust Territory of the Pacific Islands, or the Commonwealth of the Northern Mariana Islands.”

changed “(15) bringing to scale and sustaining evidence-based or evidence-informed falls prevention programs to reduce the number of falls, fear of falling, and fall-related injuries affecting older individuals, including older individuals with disabilities, which programs shall—

“(A) provide training and technical assistance to the aging network; and

“(B) share best practices with the aging network, including the Aging and Disability Resource Centers;”

“(iv) strategies to address social isolation, including by promoting strong and stable connections across different generations in a family and in the community;”

“(C) contains an assessment of the effectiveness of relevant Federal efforts and programs, including implementation of best practices described in paragraph (6)(B); and”

removed “(2) In carrying out such program, the Assistant Secretary shall—

removed “(A) provide technical assistance on the delivery of evidence-based disease prevention and health promotion services, and, as applicable and appropriate, such evidence-informed practices, in different settings and for different populations;

removed “(B) develop, make publicly available, and update on a regular basis a list of such evidence-informed practices; and

removed “(C) consult with the Directors of the Centers for Disease Control and Prevention and the National Institute on Aging.”

changed Section 417 411(a)(18) (42 U.S.C. 3032f) 3032(a)(18)) is amended—amended by inserting “, such as providing appropriate training, resources, and best practices to the aging network” after “older individuals”.

removed “(3) promoting volunteerism, including by providing opportunities—

removed “(A) for older individuals to become mentors to individuals in younger generations; and

removed “(B) at facilities that serve older individuals or individuals in younger generations, at which multigenerational activities might occur.”

changed Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall conduct, and submit to Congress a report describing the results of, a study that analyzes housing programs and services for older individuals under the Older Americans Act of 1965 Section 417 (42 U.S.C. 3001 et seq.), including—3032f) is amended—

added “(A) for older individuals to become mentors to individuals in younger generations; and

added “(B) at facilities that serve older individuals or individuals in younger generations, at which multigenerational activities might occur.”

changed Section 339 308(b)(4) (42 U.S.C. 3030g–21)—3028(b)(4)) is amended by adding at the end the following:

added “(E) A State may elect in its plan under section 307 to allow use of not more than 25 percent of the funds received by such State under subpart 1 of part C, calculated after any transfers under subparagraphs (A) and (B) are completed, to make meals available at congregate meal sites or other community locations for consumption by older individuals outside such sites and locations, such as carry-out or similar meals. A State electing to allow use of funds under the preceding sentence shall—

added “(i) ensure that such allowable use complements the delivery of services through the congregate meals program under section 331; and

added “(ii) notify the Assistant Secretary of such election, including a description of the amount and percentage of funds received by such State under subpart 1 of part C to be used for such purposes.”

removed “(3) where feasible, when selecting local nutrition providers, give consideration to the capabilities of community-based organizations if such organizations meet the requirements of subpart 1 or 2 and can provide nutrition services in the designated area.”

removed Section 308(b)(4) (42 U.S.C. 3028(b)(4)) is amended by adding at the end the following:

removed “(E) A State may elect in its plan under section 307 to allow use of not more than 25 percent of the funds received by such State under subpart 1 of part C, calculated after any transfers under subparagraphs (A) and (B) are completed, to make meals available at congregate meal sites or other community locations for consumption by older individuals outside such congregate meal sites. A State electing to allow use of funds under the preceding sentence shall—

removed “(i) ensure that such allowable use supplements but does not supplant the delivery of services through the congregate meals program under section 331; and

removed “(ii) notify the Assistant Secretary of such election, including a description of the amount and percentage of funds received by such State under subpart 1 of part C to be used for such purposes.”

changed Section 311 Subpart 3 of part C of title III (42 U.S.C. 3030a) 3030g–21 et seq.) is amended—amended by adding at the end the following:

added “340. Innovations in nutrition programs and services

added “(a) Demonstration to reduce hunger, food insecurity, and malnutrition

added “(1) In general—From funds available under paragraph (5), the Assistant Secretary shall make grants, on a competitive basis, to eligible entities, to achieve the purposes of section 330(1) by developing, testing, implementing, and evaluating innovative local or regional approaches to improve the quality, effectiveness, efficiency, and outcomes of nutrition projects and services described in sections 311, 331, and 336.

added “(2) Eligibility—In order to be eligible for a grant under paragraph (1), an entity shall—

added “(A) be—

added “(i) a State agency, an area agency on aging, an Indian Tribe, a Tribal organization, or another public or nonprofit private entity, including a nutrition service provider, a multipurpose senior center, a health care entity, or an institution of higher education; or

added “(ii) a partnership between any entities described in clause (i); and

added “(B) submit an application at such time and in such manner as the Assistant Secretary may require, including—

added “(i) a description of an innovative approach referred to in paragraph (1) that the entity proposes to implement under the grant;

added “(ii) a plan for evaluating the effectiveness, including cost-effectiveness, of the innovative approach proposed; and

added “(iii) a plan for the publication of the results of such evaluation.

added “(3) Priority—In selecting eligible entities for grants under this subsection, the Assistant Secretary shall give priority to eligible entities proposing to carry out a grant in 1 or more rural areas.

added “(4) Report—Not later than 1 year after the date of enactment of the Older Americans Act Reauthorization Act of 2024, and annually thereafter, the Assistant Secretary shall submit a report to 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 describing any activities carried out under paragraph (1), an assessment of the outcomes of such activities using rigorous methodologies, and recommendations for inclusion of any successful innovative approaches within nutrition programs established under this Act.

added “(5) Reservation—From the total of the amounts made available for a fiscal year under paragraphs (1) and (2) of section 303(b) and in section 311(e), the Assistant Secretary shall reserve an amount equal to not more than 1 percent to carry out activities described in paragraph (1) of this subsection.

added “(b) Innovative approaches to reduce hunger, food insecurity, and malnutrition

added “(1) In general—Subject to paragraph (6), in carrying out nutrition projects established under this Act, a State agency or title VI grantee may implement innovative approaches, including any applicable approaches implemented previously by the Assistant Secretary or pursuant to subsection (a), that are demonstrated to be effective, to achieve the purposes described in section 330(1) by improving—

added “(A) the quality, composition, preparation, modality, delivery, or location of meals provided to older individuals under this Act; or

added “(B) the efficiency and effectiveness of distributing, delivering, or otherwise making meals available to older individuals under this Act.

added “(2) Waiver—At the request of a State agency implementing an approach under paragraph (1), the Assistant Secretary may waive any requirements of subpart 1 or 2 with respect to such State agency if such requirements impede the ability of such State agency to successfully implement such an approach.

added “(3) Flexibility—The Secretary shall provide maximum flexibility to a title VI grantee implementing an approach under paragraph (1) in the same manner as the Secretary provides maximum flexibility in accordance with section 614(c)(3).

added “(4) Sunset—The authority to carry out activities described in paragraph (1) shall expire on October 1, 2029.

added “(5) Report—Not later than September 30, 2028, the Assistant Secretary shall submit a report to 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 describing any activities carried out by State agencies or title VI grantees under paragraph (1), an assessment of the outcomes of such activities using rigorous methodologies, and recommendations for inclusion of any successful innovative approaches within nutrition programs established under this Act.

added “(6) Use of allotment—If the amount appropriated to carry out section 311 for a fiscal year exceeds the amount appropriated to carry out section 311 for the prior fiscal year or fiscal year 2024, whichever is greater, a State agency and title VI grantee in receipt of an allotment under section 311(b) may elect to use the difference between the allotment received for the fiscal year and the allotment received for the prior fiscal year or fiscal year 2024, whichever is greater, for activities described in paragraph (1).

added “(7) Rule of construction—Nothing in this subsection shall be construed as limiting or prohibiting the requirements described in section 339 from applying to nutrition projects utilizing an innovative approach under this subsection.”

removed “(e)

removed “(1) Subject to subsection (f)(2), a State agency or title VI grantee may implement innovative approaches, including any approaches demonstrated to be effective through an award under section 340, to achieve the purposes described in section 330(1) by improving—

removed “(A) the quality, composition, preparation, modality, delivery, or location of meals provided to older individuals under this Act; or

removed “(B) the efficiency and effectiveness of distributing, delivering, or otherwise making meals available to older individuals under this Act.

removed “(2) In implementing approaches under paragraph (1), a State agency or title VI grantee may, with the approval of the Assistant Secretary, waive any requirements of subparts 1 or 2 of part C or section 339 if the State agency or title VI grantee determines that such requirements impede the ability of such State agency or title VI grantee to successfully implement such approach. The Assistant Secretary shall approve a request for a waiver under the preceding sentence unless the Assistant Secretary determines that such waiver is not consistent with the objectives of this Act or the purposes described in section 330(1).

removed “(3) The authority to carry out activities described in paragraph (1) shall expire on October 1, 2029.

removed “(4) Not later than September 30, 2028, the Assistant Secretary shall submit a report to 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 describing any activities carried out by State agencies or title VI grantees under paragraph (1), an assessment of the outcomes of such activities, and recommendations for scaling implementation of any successful innovative approaches within programs established under this section or subparts 1 and 2 of part C.”

removed “(2) If the amount appropriated to carry out this section for a fiscal year exceeds the amount appropriated to carry out this section for fiscal year 2024, a State agency and title VI grantee in receipt of an allotment under subsection (b) may elect to use the difference between the allotment received for the fiscal year and the allotment received for fiscal year 2024 for activities described in subsection (e).”

“(iii) available supports for family caregivers and older relative caregivers (as defined in section 372(a)).”

“(iii) available supports for family caregivers and older relative caregivers (as defined in section 372(a));”

“(A) In general—The term”

“(B) Administration of assessments—A caregiver assessment under subparagraph (A) shall—

“(i) be administered through”

“(ii) take into account—

“(I) linguistic and cultural differences;

“(II) the ease for the caregiver to access information, supports, or services, and the timeliness of access to such information, supports, or services;

“(III) barriers to accessing information, supports, or services;

“(IV) the availability of information, supports, or services in accessible formats; and

“(V) the quality of information, supports, or services received, and the degree to which it is helpful to the caregiver.”

“(2) Child or youth—The term child or youth means an individual who is not more than—

“(A) 18 years of age; or

“(B) 22 years of age, in the case of an individual who is enrolled in any form of schooling (including on a part-time basis), including—

“(i) in high school or secondary school (as such terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)); or

“(ii) in an institution of higher education (as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)).”

added “(iii)

added “(I) has a legal relationship to the child or youth, such as legal custody, adoption, or guardianship, or is raising the child or youth informally; and

added “(II) in the case of a child or youth described in paragraph (2)(B) who is 18 years of age or older, had established such a legal relationship, or began raising such child or youth informally, prior to the child or youth reaching the age of 18; and”

“(3) Consideration—In providing services under this part, the State shall consider—

“(A) that older relative caregivers caring for multiple children or youth may need greater resources and supports; and

changed “(B) the circumstances and unique needs of different types of caregivers, including the needs of children or youth and their older relative caregivers whose families have been affected by substance use disorder, including opioid use disorder.”

“(C) the use of caregiver assessments; and”

“(3) the quality and consistency of caregiver assessments used across States; and”

Section 411(a)(13) (42 U.S.C. 3032(a)(13)) is amended—

removed “(13) in coordination with the Secretary of Labor and, as appropriate, the heads of other relevant Federal departments and agencies, the establishment and operation of a national resource center that supports the growth and professionalization of the direct care workforce necessary to meet the needs of older individuals and individuals with disabilities, and, in a manner that does not unnecessarily duplicate the activities of other resource centers supported by the Assistant Secretary, that addresses training and other educational needs of family caregivers, which activities of the center may include—

removed “(A) the provision of training and technical assistance, including through the development and dissemination of educational materials, to direct care workers and family caregivers; and

removed “(B) supporting the demonstration of new, and promoting existing, strategies for the recruitment, retention, career development, or advancement of direct care workers to”

added “(A) the soliciting,”

added “(B) the establishment and operation of a national resource center that supports the growth and professionalization of the direct care workforce necessary to meet the needs of older individuals and individuals with disabilities, and, in a manner that does not unnecessarily duplicate the activities of other resource centers supported by the Assistant Secretary, that addresses training and other educational needs of family caregivers, which activities of the center may include—

added “(i) the provision of training and technical assistance, including through the development and dissemination of educational materials, to States, long-term services and supports providers, direct care workers, and family caregivers; and

added “(ii) promoting existing, and supporting the demonstration of new, strategies for the recruitment, retention, career development, or advancement of direct care workers to reduce barriers to entry for a diverse and high-quality direct care workforce, including providing wages, benefits, and advancement opportunities needed to attract or retain direct care workers;”

“(G) The Assistant Secretary for Health.”

“(3) Limitation on non-Federal members—Not more than 10 members of the Advisory Council may be individuals who are not Federal officers or employees.”

“(B) Considerations—In”

“(iii) a description of any activities of the Department of Health and Human Services to evaluate the effectiveness of supportive services in addressing the needs of children and their older relative caregivers, including those who have been affected by substance use disorder, including opioid use disorder, and any related findings; and”

“(3) Follow-up reports—Not”

added “(E) Biennial report—Not later than 2 years after the date of enactment of the Older Americans Act Reauthorization Act of 2024, and every 2 years thereafter during the period of the program described in section 502(a)(1), the Secretary shall prepare, make publicly available, and submit to 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 a report regarding the methodology used to arrive at the expected levels of performance described in subparagraph (B) for each grantee, including the particular statistical model used and other factors taken into account, as described in subparagraph (D).”

removed “(E) Biennial report—Not later than 2 years after the date of enactment of the Older Americans Act Reauthorization Act of 2024, and every 2 years thereafter during the period of the program described in section 502(a)(1), the Secretary shall prepare and submit to 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 a report regarding the methodology used to arrive at the expected levels of performance described in subparagraph (B) for each grantee, including the particular statistical model used and other factors taken into account, as described in subparagraph (D).”

“(A) social, health, welfare, and educational services (including literacy tutoring and services provided by the aging network), legal and other counseling services and assistance (including tax counseling and assistance and financial counseling), and library, recreational, and other similar services;”

added “(F) has failed to find employment after receiving any combination of training services or the following career services provided under title I of the Workforce Innovation and Opportunity Act (29 U.S.C. 3111 et seq.)—

added “(i) initial or comprehensive skills assessment;

added “(ii) labor exchange services;

added “(iii) provision of workforce and labor market information or job search assistance;

added “(iv) development of an individual employment plan;

added “(v) group or individual counseling;

added “(vi) career planning;

added “(vii) internship, work experience, workforce preparation activities, or prevocational services;

added “(viii) English language acquisition and integrated education and training; or

added “(ix) followup services;”

Section 201(c) (42 U.S.C. 3011(c)) is amended by adding at the end the following:

“(4)

changed “(A) In addition to other methods of government-to-government consultation between the Administration and Indian tribes Tribes and conferring with organizations representing Native Hawaiians, the Assistant Secretary shall establish an advisory committee, to be known as the “Older Americans Tribal Advisory Committee” (referred to in this paragraph as the “Committee”) to provide advice and guidance to the Assistant Secretary on matters relating to the needs of older individuals who are Native Americans and implementation of related programs and activities under this Act.

“(B) The Committee shall be composed of 11 voting, non-Federal members, including—

changed “(i) geographically diverse individuals with expertise on the range of issues affecting Indian tribes, Tribes, organizations representing Native Hawaiians, and older individuals who are Native Americans;

“(ii) not less than 1 member who is an Alaska Native; and

“(iii) not less than 1 member who is a Native Hawaiian.

“(C) The Committee shall include non-voting, ex officio representatives of relevant Federal departments and agencies, including—

“(i) the Administration;

“(ii) the Indian Health Service;

“(iii) the Centers for Medicare & Medicaid Services;

“(iv) the Department of the Interior;

“(v) the Department of Labor; and

“(vi) any other agency or office with subject matter expertise that the Assistant Secretary determines appropriate.

“(D) The Committee shall meet in person not less frequently than twice each year.

“(E) The Committee shall coordinate, as appropriate, with the Secretary’s Tribal Advisory Committee of the Department of Health and Human Services.

“(F)

“(i) Not less frequently than once each year, the Committee shall submit to the Assistant Secretary and make publicly available a report that describes—

“(I) the activities of the Committee during the previous year; and

“(II) recommendations for administrative action, including the identification of any statutory barriers to carrying out such recommendations, for the following year.

“(ii) Not later than 60 days after the date on which the Assistant Secretary receives a report under clause (i), the Assistant Secretary shall submit to the Committee a written response to such report.

“(G) Chapter 10 of title 5, United States Code, shall not apply to the Committee.

“(H) In establishing, developing procedures for, and operating the Committee, the Assistant Secretary shall—

changed “(i) consult with Indian tribes Tribes and confer with organizations representing Native Hawaiians; and

changed “(ii) take into consideration best practices of other tribal Tribal advisory committees operated by the Department of Health and Human Services before the date of enactment of the Older Americans Act Reauthorization Act of 2024.”

added “(a) In general—Of”

“(b) Report—Not later than 1 year after the date of enactment of the Older Americans Act Reauthorization Act of 2024, the Assistant Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives, a report on the use of funds under part D. Such report shall include—

“(1) the total amount of funds made available under subsection (a) to carry out part D for each fiscal year;

“(2) a list of award recipients under part D; and

“(3) a summary of supportive services for healthy aging and independence provided under part D.”

Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that—

changed Section 201(d)(2)(A) (42 U.S.C. 3011(d)(2)(A)) is amended amended, in the second sentence sentence, by inserting “serve on a full-time basis and” after “shall”.

Section 201(e)(2)(A) (42 U.S.C. 3011(e)(2)(A)) is amended by striking clause (v) and inserting the following:

changed “(v) establishing an information clearinghouse to collect, maintain, and disseminate information concerning best practices and resources for training, technical assistance, and other activities, which may include training resources for paralegals or law students who are under the direct supervision of an attorney, to assist State Long-Term Care Ombudsman programs, adult protective services programs, and other legal services relating to defense of guardianship guardianship, promotion of self-determination, and the matters described in clause (ii)(I), and to assist States and communities to carry out evidence-based programs to prevent and address elder abuse, neglect, and exploitation;”

Chapter 2 of subtitle A of title VII (42 U.S.C. 3058f et seq.) is amended by adding at the end the following:

“714. Reports to Congress

changed “Each year, the Assistant Secretary shall submit, submit to 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, and make publicly available, a report that—

“(1) aggregates all reports submitted under section 712(h) for such year; and

“(2) provides a summary of the findings of such reports.”

Section 216 (42 U.S.C. 3020f) is amended—

changed Section 517(a) (42 U.S.C. 3056o(a)) is amended by striking “$428,000,000” and all that follows through “fiscal year 2024” and inserting “$540,340,193 “$540,340,139 for fiscal year 2025, $565,318,627 for fiscal year 2026, $591,451,804 for fiscal year 2027, $618,793,048 for fiscal year 2028, and $647,398,205 for fiscal year 2029”.