Home > 106th Congressional Bills > H.R. 782 (ih) To amend the Older Americans Act of 1965 to authorize appropriations for fiscal years 2000 through 2003. [Introduced in House] ...

H.R. 782 (ih) To amend the Older Americans Act of 1965 to authorize appropriations for fiscal years 2000 through 2003. [Introduced in House] ...


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        H.R.782

                       One Hundred Sixth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
             the twenty-fourth day of January, two thousand


                                 An Act


 
  To amend the Older Americans Act of 1965 to extend authorizations of 
  appropriations for programs under the Act, to modernize programs and 
         services for older individuals, 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 Amendments of 
2000''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents of this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.

    TITLE I--AMENDMENT TO TITLE I OF THE OLDER AMERICANS ACT OF 1965

Sec. 101. Definitions.

TITLE II--AMENDMENTS TO TITLE II OF THE OLDER AMERICANS ACT OF 1965 AND 
               THE OLDER AMERICANS ACT AMENDMENTS OF 1987

  Subtitle A--Amendments to Title II of the Older Americans Act of 1965

Sec. 201. Functions of Assistant Secretary.
Sec. 202. Federal agency consultation.
Sec. 203. Evaluation.
Sec. 204. Reports.
Sec. 205. Authorization of appropriations.

  Subtitle B--Amendments to the Older Americans Act Amendments of 1987

Sec. 211. White House Conference.

  TITLE III--AMENDMENTS TO TITLE III OF THE OLDER AMERICANS ACT OF 1965

Sec. 301. Purpose.
Sec. 302. Authorization of appropriations.
Sec. 303. Allotment; Federal share.
Sec. 304. Organization.
Sec. 305. Area plans.
Sec. 306. State plans.
Sec. 307. Planning, coordination, evaluation, and administration of 
          State plans.
Sec. 308. Availability of disaster relief funds to tribal organizations.
Sec. 309. Nutrition services incentive program.
Sec. 310. Consumer contributions and waivers.
Sec. 311. Supportive services and senior centers.
Sec. 312. Nutrition services.
Sec. 313. Nutrition requirements.
Sec. 314. In-home services and additional assistance.
Sec. 315. Definition.
Sec. 316. National Family Caregiver Support program.

  TITLE IV--TRAINING, RESEARCH, AND DISCRETIONARY PROJECTS AND PROGRAMS

Sec. 401. Projects and programs.

    TITLE V--AMENDMENT TO TITLE V OF THE OLDER AMERICANS ACT OF 1965

Sec. 501. Amendment to title V of the Older Americans Act of 1965.

   TITLE VI--AMENDMENTS TO TITLE VI OF THE OLDER AMERICANS ACT OF 1965

Sec. 601. Eligibility.
Sec. 602. Applications.
Sec. 603. Authorization of appropriations.
Sec. 604. General provisions.

  TITLE VII--AMENDMENTS TO TITLE VII OF THE OLDER AMERICANS ACT OF 1965

Sec. 701. Authorization of appropriations.
Sec. 702. Allotment.
Sec. 703. Additional State plan requirements.
Sec. 704. State long-term care ombudsman program.
Sec. 705. Prevention of elder abuse, neglect, and exploitation.
Sec. 706. Assistance programs.
Sec. 707. Native American programs.

             TITLE VIII--TECHNICAL AND CONFORMING AMENDMENTS

Sec. 801. Technical and conforming amendments.

    TITLE I--AMENDMENT TO TITLE I OF THE OLDER AMERICANS ACT OF 1965

SEC. 101. DEFINITIONS.

    Section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002) is 
amended--
        (1) in paragraph (3), by striking ``the Commonwealth of the 
    Northern Mariana Islands, and the Trust Territory of the Pacific 
    Islands.'' and inserting ``and the Commonwealth of the Northern 
    Mariana Islands.'';
        (2) by striking paragraph (12) and inserting the following:
        ``(12) The term `disease prevention and health promotion 
    services' means--
            ``(A) health risk assessments;
            ``(B) routine health screening, which may include 
        hypertension, glaucoma, cholesterol, cancer, vision, hearing, 
        diabetes, bone density, and nutrition screening;
            ``(C) nutritional counseling and educational services for 
        individuals and their primary caregivers;
            ``(D) health promotion programs, including but not limited 
        to programs relating to prevention and reduction of effects of 
        chronic disabling conditions (including osteoporosis and 
        cardiovascular disease), alcohol and substance abuse reduction, 
        smoking cessation, weight loss and control, and stress 
        management;
            ``(E) programs regarding physical fitness, group exercise, 
        and music therapy, art therapy, and dance-movement therapy, 
        including programs for multigenerational participation that are 
        provided by--
                ``(i) an institution of higher education;
                ``(ii) a local educational agency, as defined in 
            section 14101 of the Elementary and Secondary Education Act 
            of 1965 (20 U.S.C. 8801); or
                ``(iii) a community-based organization;
            ``(F) home injury control services, including screening of 
        high-risk home environments and provision of educational 
        programs on injury prevention (including fall and fracture 
        prevention) in the home environment;
            ``(G) screening for the prevention of depression, 
        coordination of community mental health services, provision of 
        educational activities, and referral to psychiatric and 
        psychological services;
            ``(H) educational programs on the availability, benefits, 
        and appropriate use of preventive health services covered under 
        title XVIII of the Social Security Act (42 U.S.C. 1395 et 
        seq.);
            ``(I) medication management screening and education to 
        prevent incorrect medication and adverse drug reactions;
            ``(J) information concerning diagnosis, prevention, 
        treatment, and rehabilitation concerning age-related diseases 
        and chronic disabling conditions, including osteoporosis, 
        cardiovascular diseases, diabetes, and Alzheimer's disease and 
        related disorders with neurological and organic brain 
        dysfunction;
            ``(K) gerontological counseling; and
            ``(L) counseling regarding social services and followup 
        health services based on any of the services described in 
        subparagraphs (A) through (K).
    The term shall not include services for which payment may be made 
    under titles XVIII and XIX of the Social Security Act (42 U.S.C. 
    1395 et seq., 1396 et seq.).'';
        (3) by striking paragraph (18) and redesignating paragraphs 
    (19), (20), (21), and (22) as paragraphs (18), (19), (20), and 
    (21);
        (4) by striking paragraphs (19) and (20) (as redesignated) and 
    inserting the following:
        ``(19) The term `in-home services' includes--
            ``(A) services of homemakers and home health aides;
            ``(B) visiting and telephone reassurance;
            ``(C) chore maintenance;
            ``(D) in-home respite care for families, and adult day care 
        as a respite service for families;
            ``(E) minor modification of homes that is necessary to 
        facilitate the ability of older individuals to remain at home 
        and that is not available under another program (other than a 
        program carried out under this Act);
            ``(F) personal care services; and
            ``(G) other in-home services as defined--
                ``(i) by the State agency in the State plan submitted 
            in accordance with section 307; and
                ``(ii) by the area agency on aging in the area plan 
            submitted in accordance with section 306.
        ``(20) The term `Native American' means--
            ``(A) an Indian as defined in paragraph (5); and
            ``(B) a Native Hawaiian, as defined in section 625.'';
        (5) by striking paragraph (23) and redesignating paragraphs 
    (24) through (35) as paragraphs (22), (23), (24), (25), (26), (27), 
    (28), (29), (30), (31), (32), and (33);
        (6) by striking paragraph (36) and redesignating the remaining 
    paragraphs; and
        (7) by adding at the end the following:
        ``(42) The term `family violence' has the same meaning given 
    the term in the Family Violence Prevention and Services Act (42 
    U.S.C. 10408).
        ``(43) The term `sexual assault' has the meaning given the term 
    in section 2003 of the Omnibus Crime Control and Safe Streets Act 
    of 1968 (42 U.S.C. 3796gg-2).''.

TITLE II--AMENDMENTS TO TITLE II OF THE OLDER AMERICANS ACT OF 1965 AND 
               THE OLDER AMERICANS ACT AMENDMENTS OF 1987
 Subtitle A--Amendments to Title II of the Older Americans Act of 1965

SEC. 201. FUNCTIONS OF ASSISTANT SECRETARY.

    Section 202 of the Older Americans Act of 1965 (42 U.S.C. 3012) is 
amended--
        (1) in subsection (a)--
            (A) by striking paragraph (9) and redesignating paragraphs 
        (10), (11), and (12) as paragraphs (9), (10), and (11) 
        respectively;
            (B) by striking paragraphs (13) and (14) and redesignating 
        the remaining paragraphs;
            (C) in paragraph (15) (as redesignated), by inserting ``and 
        older individuals residing in rural areas'' after ``low-income 
        minority individuals'';
            (D) in paragraph (18)(B) (as redesignated), by striking 
        ``1990'' and inserting ``2000'';
            (E) by striking paragraph (19) (as redesignated) and 
        inserting the following:
        ``(19) conduct strict monitoring of State compliance with the 
    requirements in effect, under this Act to prohibit conflicts of 
    interest and to maintain the integrity and public purpose of 
    services provided and service providers, under this Act in all 
    contractual and commercial relationships;'';
            (F) by striking paragraph (21) (as redesignated) and 
        inserting the following:
        ``(21) establish information and assistance services as 
    priority services for older individuals, and develop and operate, 
    either directly or through contracts, grants, or cooperative 
    agreements, a National Eldercare Locator Service, providing 
    information and assistance services through a nationwide toll-free 
    number to identify community resources for older individuals;'';
            (G) by striking paragraph (24) (as redesignated) and 
        inserting the following:
        ``(24) establish and carry out pension counseling and 
    information programs described in section 215;''; and
            (H) by striking paragraph (27) and redesignating the 
        remaining paragraphs;
            (I) by adding a new paragraph (27):
        ``(27) improve the delivery of services to older individuals 
    living in rural areas through--
            ``(A) synthesizing results of research on how best to meet 
        the service needs of older individuals in rural areas;
            ``(B) developing a resource guide on best practices for 
        States, area agencies on aging, and service providers;
            ``(C) providing training and technical assistance to States 
        to implement these best practices of service delivery; and
            ``(D) submitting a report on the States' experiences in 
        implementing these best practices and the effect these 
        innovations are having on improving service delivery in rural 
        areas to the relevant committees not later than 36 months after 
        enactment.'';
        (2) in subsection (d)(4), by striking ``1990'' and inserting 
    ``2000''; and
        (3) by adding at the end the following:
    ``(f)(1) The Assistant Secretary, in accordance with the process 
described in paragraph (2), and in collaboration with a representative 
group of State agencies, tribal organizations, area agencies on aging, 
and providers of services involved in the performance outcome measures 
shall develop and publish by December 31, 2001, a set of performance 
outcome measures for planning, managing, and evaluating activities 
performed and services provided under this Act. To the maximum extent 
possible, the Assistant Secretary shall use data currently collected 
(as of the date of development of the measures) by State agencies, area 
agencies on aging, and service providers through the National Aging 
Program Information System and other applicable sources of information 
in developing such measures.
    ``(2) The process for developing the performance outcome measures 
described in paragraph (1) shall include--
        ``(A) a review of such measures currently in use by State 
    agencies and area agencies on aging (as of the date of the review);
        ``(B) development of a proposed set of such measures that 
    provides information about the major activities performed and 
    services provided under this Act;
        ``(C) pilot testing of the proposed set of such measures, 
    including an identification of resource, infrastructure, and data 
    collection issues at the State and local levels; and
        ``(D) evaluation of the pilot test and recommendations for 
    modification of the proposed set of such measures.''.

SEC. 202. FEDERAL AGENCY CONSULTATION.

    Title II of the Older Americans Act of 1965 (42 U.S.C. 3011 et 
seq.) is amended--
        (1) in section 203(a)(3)(A), by inserting ``and older 
    individuals residing in rural areas'' after ``low-income minority 
    older individuals'';
        (2) by striking section 204 and inserting the following:

``SEC. 204. GIFTS AND DONATIONS.

    ``(a) Gifts and Donations.--The Assistant Secretary may accept, 
use, and dispose of, on behalf of the United States, gifts or donations 

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