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Pub.L. 106-502 To authorize the Secretary of the Interior to establish a program to ...


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[[Page 2225]]

                 OLDER AMERICANS ACT AMENDMENTS OF 2000

[[Page 114 STAT. 2226]]

Public Law 106-501
106th Congress

                                 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. <<NOTE: Nov. 13, 
                          2000 -  [H.R. 782]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Older Americans Act 
Amendments of 2000.>> assembled,

SECTION 1. <<NOTE: 42 USC 3001 note.>> 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.

[[Page 114 STAT. 2227]]

  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;

[[Page 114 STAT. 2228]]

                          ``(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.'';

[[Page 114 STAT. 2229]]

            (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:

[[Page 114 STAT. 2230]]

            ``(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 

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