H. R. 782—62
‘‘SEC. 516. DEFINITIONS.
‘‘In this title:
‘‘(1) COMMUNITY SERVICE.—The term ‘community service’
means social, health, welfare, and educational services
(including literacy tutoring), legal and other counseling services
and assistance, including tax counseling and assistance and
financial counseling, and library, recreational, and other similar
services; conservation, maintenance, or restoration of natural
resources; community betterment or beautification; antipollu-
tion and environmental quality efforts; weatherization activi-
ties; economic development; and such other services essential
and necessary to the community as the Secretary, by regulation,
may prescribe.
‘‘(2) ELIGIBLE INDIVIDUALS.—The term ‘eligible individuals’
means an individual who is 55 years old or older, who has
a low income (including any such individual whose income
is not more than 125 percent of the poverty guidelines estab-
lished by the Office of Management and Budget), except that,
pursuant to regulations prescribed by the Secretary, any such
individual who is 60 years old or older shall have priority
for the work opportunities provided for under this title.
‘‘(3) PACIFIC
ISLAND
AND
ASIAN
AMERICANS.—The term
‘Pacific Island and Asian Americans’ means Americans having
origins in any of the original peoples of the Far East, Southeast
Asia, the Indian Subcontinent, or the Pacific Islands.
‘‘(4) PROGRAM.—The term ‘program’ means the older Amer-
ican community service employment program established under
this title.’’.
TITLE VI—AMENDMENTS TO TITLE VI
OF THE OLDER AMERICANS ACT OF
1965
SEC. 601. ELIGIBILITY.
Section 612 of the Older Americans Act of 1965 (42 U.S.C.
3057c) is amended—
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following:
‘‘(b) An Indian tribe represented by an organization specified
in subsection (a) shall be eligible for only one grant under this
part for any fiscal year. Nothing in this subsection shall preclude
an Indian tribe represented by an organization specified in sub-
section (a) from receiving a grant under section 631.’’.
SEC. 602. APPLICATIONS.
Section 614 of the Older Americans Act of 1965 (42 U.S.C.
3057e) is amended—
(1) in subsection (b), by striking ‘‘certification’’ and inserting
‘‘approval’’; and
(2) in subsection (c)—
(A) by inserting ‘‘(1)’’ after ‘‘(c)’’; and
(B) by adding at the end the following:
‘‘(2) The Assistant Secretary shall provide waivers and exemp-
tions of the reporting requirements of subsection (a)(3) for
applicants that serve Indian populations in geographically isolated
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areas, or applicants that serve small Indian populations, where
the small scale of the project, the nature of the applicant, or
other factors make the reporting requirements unreasonable under
the circumstances. The Assistant Secretary shall consult with such
applicants in establishing appropriate waivers and exemptions.
‘‘(3) The Assistant Secretary shall approve any application that
complies with the provisions of subsection (a), except that in deter-
mining whether an application complies with the requirements
of subsection (a)(8), the Assistant Secretary shall provide maximum
flexibility to an applicant that seeks to take into account subsistence
needs, local customs, and other characteristics that are appropriate
to the unique cultural, regional, and geographic needs of the Indian
populations to be served.
‘‘(4) In determining whether an application complies with the
requirements of subsection (a)(12), the Assistant Secretary shall
require only that an applicant provide an appropriate narrative
description of the geographic area to be served and an assurance
that procedures will be adopted to ensure against duplicate services
being provided to the same recipients.’’.
SEC. 603. AUTHORIZATION OF APPROPRIATIONS.
Section 633 of the Older Americans Act of 1965 (42 U.S.C.
3057n) is amended to read as follows:
‘‘SEC. 633. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out this
title—
‘‘(1) for parts A and B, such sums as may be necessary
for fiscal year 2001, and such sums as may be necessary for
subsequent fiscal years; and
‘‘(2) for part C, $5,000,000 for fiscal year 2001, and such
sums as may be necessary for subsequent fiscal years.’’.
SEC. 604. GENERAL PROVISIONS.
Title VI of the Older Americans Act of 1965 (42 U.S.C. 3057
et seq.) is amended—
(1) by redesignating part C as part D;
(2) by redesignating sections 631 through 633 as sections
641 through 643, respectively;
(3) by inserting after part B the following:
‘‘PART C—NATIVE AMERICAN CAREGIVER
SUPPORT PROGRAM
‘‘SEC. 631. PROGRAM.
‘‘(a) IN GENERAL.—The Assistant Secretary shall carry out a
program for making grants to tribal organizations with applications
approved under parts A and B, to pay for the Federal share of
carrying out tribal programs, to enable the tribal organizations
to provide multifaceted systems of the support services described
in section 373 for caregivers described in section 373.
‘‘(b) REQUIREMENTS.—In providing services under subsection
(a), a tribal organization shall meet the requirements specified
for an area agency on aging and for a State in the provisions
of subsections (c), (d), and (e) of section 373 and of section 374.
For purposes of this subsection, references in such provisions to
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a State program shall be considered to be references to a tribal
program under this part.’’.
TITLE VII—AMENDMENTS TO TITLE VII
OF THE OLDER AMERICANS ACT OF
1965
SEC. 701. AUTHORIZATION OF APPROPRIATIONS.
Section 702 of the Older Americans Act of 1965 (42 U.S.C.
3058a) is amended to read as follows:
‘‘SEC. 702. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) OMBUDSMAN PROGRAM.—There are authorized to be appro-
priated to carry out chapter 2, such sums as may be necessary
for fiscal year 2001, and such sums as may be necessary for subse-
quent fiscal years.
‘‘(b) PREVENTION
OF ELDER ABUSE, NEGLECT, AND EXPLOI-
TATION.—There are authorized to be appropriated to carry out
chapter 3, such sums as may be necessary for fiscal year 2001,
and such sums as may be necessary for subsequent fiscal years.
‘‘(c) LEGAL ASSISTANCE DEVELOPMENT PROGRAM.—There are
authorized to be appropriated to carry out chapter 4, such sums
as may be necessary for fiscal year 2001, and such sums as may
be necessary for subsequent fiscal years.’’.
SEC. 702. ALLOTMENT.
Section 703(a)(2)(C) of the Older Americans Act of 1965 (42
U.S.C. 3058b(a)(2)(C)) is amended by striking ‘‘1991’’ each place
it appears and inserting ‘‘2000’’.
SEC. 703. ADDITIONAL STATE PLAN REQUIREMENTS.
Section 705(a) of the Older Americans Act of 1965 (42 U.S.C.
3058d(a)) is amended—
(1) in paragraph (4), by inserting ‘‘each of’’ after ‘‘carry
out’’;
(2) in paragraph (6)(C)(iii), by striking the semicolon and
inserting ‘‘; and’’;
(3) by striking paragraph (7);
(4) by redesignating paragraph (8) as paragraph (7); and
(5) in paragraph (7) (as redesignated by paragraph (3)),
by striking ‘‘paragraphs (1) through (7)’’ and inserting ‘‘para-
graphs (1) through (6)’’.
SEC. 704. STATE LONG-TERM CARE OMBUDSMAN PROGRAM.
Section 712 of the Older Americans Act of 1965 (42 U.S.C.
3058g) is amended—
(1) in subsection (a), in paragraph (5)(C)(ii), by inserting
‘‘and not stand to gain financially through an action or potential
action brought on behalf of individuals the Ombudsman serves’’
after ‘‘interest’’; and
(2) in subsection (h)—
(A) in paragraph (4)—
(i) in subparagraph (A)—
(I) by striking ‘‘(A) not later than 1 year after
the date of enactment of this title, establish’’ and
inserting ‘‘strengthen and update’’; and
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(II) in clause (iii), by striking ‘‘and’’;
(ii) by striking subparagraph (B);
(iii) by redesignating clauses (i) through (iii) as
subparagraphs (A) through (C), respectively; and
(iv) by redesignating subclauses (I) through (III)
as clauses (i) through (iii), respectively;
(B) in paragraph (7), by striking ‘‘; and’’ and inserting
a semicolon;
(C) by redesignating paragraph (8) as paragraph (9);
and
(D) by inserting after paragraph (7) the following:
‘‘(8) coordinate services with State and local law enforce-
ment agencies and courts of competent jurisdiction; and’’.
SEC. 705. PREVENTION OF ELDER ABUSE, NEGLECT, AND EXPLOI-
TATION.
Section 721 of the Older Americans Act of 1965 (42 U.S.C.
3058i) is amended—
(1) in subsection (b)—
(A) in the matter preceding paragraph (1), by inserting
‘‘(including financial exploitation)’’ after ‘‘exploitation’’;
(B) in paragraph (2), by inserting ‘‘, State and local
law enforcement systems, and courts of competent jurisdic-
tion’’ after ‘‘service program’’; and
(C) in paragraph (5), by inserting ‘‘including caregivers
described in part E of title III,’’ after ‘‘individuals,’’;
(2) in subsection (d)(8)—
(A) by inserting ‘‘State and local’’ after ‘‘consumer
protection and’’; and
(B) by inserting ‘‘, and services provided by agencies
and courts of competent jurisdiction’’ before the period;
and
(3) by adding at the end the following:
‘‘(g) STUDY AND REPORT.—
‘‘(1) STUDY.—The Secretary, in consultation with the
Department of the Treasury and the Attorney General of the
United States, State attorneys general, and tribal and local
prosecutors, shall conduct a study of the nature and extent
of financial exploitation of older individuals. The purpose of
this study would be to define and describe the scope of the
problem of financial exploitation of the elderly and to provide
an estimate of the number and type of financial transactions
considered to constitute financial exploitation faced by older
individuals. The study shall also examine the adequacy of cur-
rent Federal and State legal protections to prevent such exploi-
tation.
‘‘(2) REPORT.—Not later than 18 months after the date
of the enactment of the Older Americans Act Amendments
of 2000, the Secretary shall submit to Congress a report, which
shall include—
‘‘(A) the results of the study conducted under this
subsection; and
‘‘(B) recommendations for future actions to combat the
financial exploitation of older individuals.’’.
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SEC. 706. ASSISTANCE PROGRAMS.
Subtitle A of title VII of the Older Americans Act of 1965
(42 U.S.C 3058 et seq.) is amended by repealing chapters 4 and
5 and inserting the following:
‘‘CHAPTER 4—STATE LEGAL ASSISTANCE
DEVELOPMENT PROGRAM
‘‘SEC. 731. STATE LEGAL ASSISTANCE DEVELOPMENT.
‘‘A State agency shall provide the services of an individual
who shall be known as a State legal assistance developer, and
the services of other personnel, sufficient to ensure—
‘‘(1) State leadership in securing and maintaining the legal
rights of older individuals;
‘‘(2) State capacity for coordinating the provision of legal
assistance;
‘‘(3) State capacity to provide technical assistance, training,
and other supportive functions to area agencies on aging, legal
assistance providers, ombudsmen, and other persons, as appro-
priate;
‘‘(4) State capacity to promote financial management serv-
ices to older individuals at risk of conservatorship;
‘‘(5) State capacity to assist older individuals in under-
standing their rights, exercising choices, benefiting from serv-
ices and opportunities authorized by law, and maintaining the
rights of older individuals at risk of guardianship; and
‘‘(6) State capacity to improve the quality and quantity
of legal services provided to older individuals.’’.
SEC. 707. NATIVE AMERICAN PROGRAMS.
Section 751(d) of the Older Americans Act of 1965 (42 U.S.C.
3058aa(d)) is amended to read as follows:
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section such sums as may
be necessary for fiscal year 2001, and such sums as may be nec-
essary for subsequent fiscal years.’’.
TITLE VIII—TECHNICAL AND
CONFORMING AMENDMENTS
SEC. 801. TECHNICAL AND CONFORMING AMENDMENTS.
(a) TITLE I.—Section 102(34)(C) of the Older Americans Act
of 1965 (42 U.S.C. 3002(34)(C)) is amended by striking ‘‘307(a)(12)’’
and inserting ‘‘307(a)(9)’’.
(b) TITLE II.—
(1) Section 201(d)(3) of the Older Americans Act of 1965
(42 U.S.C. 3011(d)(3)) is amended—
(A) in subparagraph (C)(ii), by striking ‘‘307(a)(12)’’
and inserting ‘‘307(a)(9)’’; and
(B) in subparagraph (J), by striking ‘‘307(a)(12)’’ and
inserting ‘‘307(a)(9)’’.
(2) Section 202 of the Older Americans Act of 1965 (42
U.S.C. 3012) is amended—
(A) in subsection (a)—
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(e) TITLE VII.—
(1) Section 703(a)(2)(C) of the Older Americans Act of 1965
(42 U.S.C. 3058b(a)(2)(C)) is amended—
(A) in clause (i), by striking ‘‘section 702(a)’’ and
inserting ‘‘section 702 and made available to carry out
chapter 2’’; and
(B) in clause (ii), by striking ‘‘section 702(b)’’ and
inserting ‘‘section 702 and made available to carry out
chapter 3’’.
(2) Section 712(a)(1) of the Older Americans Act of 1965
(42 U.S.C. 3058g(a)(1)) is amended by striking ‘‘section 702(a)’’
and inserting ‘‘section 702 and made available to carry out
this chapter’’.
(3) Section 721(a) of the Older Americans Act of 1965
(42 U.S.C. 3058i(a)) is amended by striking ‘‘section 702(b)’’
and inserting ‘‘section 702 and made available to carry out
this chapter’’.
(4) Section 761(2) of the Older Americans Act of 1965
(42 U.S.C. 3058bb(2)) is amended by striking ‘‘chapter 2, 3,
4, or 5 of this title’’ and inserting ‘‘subtitle A’’.
(5) Section 762 of the Older Americans Act of 1965 (42
U.S.C. 3058cc) is amended, in the matter preceding paragraph
(1), by striking ‘‘or an entity described in section 751(c)’’.
(6) Section 764(b) of the Older Americans Act of 1965
(42 U.S.C. 3058ee(b)) is amended by striking ‘‘, area agencies
on aging, and entities described in section 751(c)’’ and inserting
‘‘and area agencies on aging’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.