individual is determined to be functionally impaired
because the individual—
‘‘(A)(i) is unable to perform at least two
activities of daily living without substantial
human assistance, including verbal reminding,
physical cueing, or supervision, or
‘‘(ii) at the option of the State, is unable
to perform at least three such activities without
such assistance, or
‘‘(B) due to a cognitive or other mental
impairment, requires substantial supervision be-
cause the individual behaves in a manner that
poses a serious health or safety hazard to the
individual or to another individual.
‘‘(25) GREATEST ECONOMIC NEED.—The term
‘greatest economic need’ means the need resulting
from an income level at or below the poverty line.
‘‘(26) GREATEST
SOCIAL
NEED.—The term
‘greatest social need’ means the need caused by non-
economic factors that include—
‘‘(A) physical and mental disabilities,
‘‘(B) language barriers, and
‘‘(C) cultural, social, or geographical isola-
tion, that—
‘‘(i) restricts the ability of an individ-
ual to perform normal daily tasks, or
‘‘(ii) threatens the capacity of the in-
dividual to live independently.
‘‘(27) IN-HOME SERVICES.—The term ‘in-home
services’ includes—
‘‘(A) homemaker 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 nec-
essary to facilitate the ability of older individuals to
remain at home and that is not available under
other programs, except that not more than $150 per
client may be expended under this part for such
modification,
‘‘(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 304, and
‘‘(ii) by the area agency on aging in the
area plan submitted in accordance with section
305.
‘‘(28) INDIAN.—The term ‘Indian’ means an
Indian who is a member of in Indian tribe.
‘‘(29) INDIAN TRIBE.—The term ‘Indian tribe’
means any tribe, band, nation, or other organized
group or community of Indians that is—
‘‘(A) recognized as eligible for the special
programs and services provided by the United
States to Indians because of their status as In-
dians, or
‘‘(B) located on, or in proximity to, a Fed-
eral or State reservation or rancheria,
except that subparagraph (B) shall not apply for
purposes of subtitle B of title III.
‘‘(30) INFORMATION
AND
ASSISTANCE
SERV-
ICE.—The term ‘information and assistance service’
means a service for older individuals that—
‘‘(A) provides the individuals with current
information on opportunities and services avail-
able to the individuals within their communities,
including information relating to assistive tech-
nology,
‘‘(B) assesses the problems and capacities
of the individuals,
‘‘(C) links the individuals to the opportuni-
ties and services that are available,
‘‘(D) to the maximum extent practicable,
ensures that the individuals receive the services
needed by the individuals, and are aware of the
opportunities available to the individuals, by es-
tablishing adequate followup procedures, and
‘‘(E) serves the entire community of older
individuals, particularly—
‘‘(i) older individuals with greatest so-
cial need, and
‘‘(ii) older individuals with greatest
economic need.
‘‘(31) INFORMATION
AND
REFERRAL.—The
term ‘information and referral’ includes information
relating to assistive technology.
‘‘(32) LEGAL ASSISTANCE.—The term ‘legal as-
sistance’—
‘‘(A) means legal advice and representation
provided by an attorney to older individuals
with economic or social needs, and
‘‘(B) includes—
‘‘(i) to the extent feasible, counseling
or other appropriate assistance by a para-
legal or law student under the direct su-
pervision of an attorney, and
‘‘(ii) counseling or representation by a
nonlawyer where permitted by law.
‘‘(33) LONG-TERM CARE FACILITY.—The term
‘long-term care facility’ means—
‘‘(A) any skilled nursing facility, as defined
in section 1819(a) of the Social Security Act
(42 U.S.C. 1395i–3(a)),
‘‘(B) any nursing facility, as defined in
section 1919(a) of the Social Security Act (42
U.S.C. 1396r(a)),
‘‘(C) for purposes of section 304(a)(8), a
board and care facility, or
‘‘(D) any other adult care home similar to
a facility or institution described in subpara-
graph (A), (B), or (C).
‘‘(34) LOW-INCOME.—The term ‘low-income’
means—
‘‘(A) for purposes of chapter 4 of title III,
income that is not more than 125 percent of
the poverty line, and
‘‘(B) for purposes of title IV—
‘‘(i) income that is not more than 125
percent of the poverty line, or
‘‘(ii) income that is not more that 100
percent of such poverty line, as so adjusted
and determined after taking into consider-
ation existing poverty guidelines as appro-
priate to local situations.
‘‘(35) MULTIPURPOSE
SENIOR
CENTER.—The
term ‘multipurpose senior center’ means a commu-
nity facility for the organization and provision of a
broad spectrum of services, which shall include pro-
vision of health (including mental health), social, nu-
tritional, and educational services and the provision
of facilities for recreational activities for older indi-
viduals.
‘‘(36) NATIVE
AMERICAN.—The term ‘Native
American’ means—
‘‘(A) an Indian,
‘‘(B) an Alaska Native, or
‘‘(C) a Native Hawaiian.
‘‘(37) NATIVE
HAWAIIAN.—The term ‘Native
Hawaiian’ means any individual any of whose ances-
tors were natives of the area that consists of the Ha-
waiian Islands prior to 1778,
‘‘(38) NEGLECT.—The term ‘neglect’ means—
‘‘(A) the failure to provide for oneself the
goods or services that are necessary to avoid
physical harm, mental anguish, or mental ill-
ness, or
‘‘(B) the failure of a caregiver to provide
the goods or services.
‘‘(39) NONPROFIT.—The term ‘nonprofit’ as
applied to any agency, institution, or organization
means an agency, institution, or organization that is,
or is owned and operated by, one or more corpora-
tions or associations no part of the net earnings of
which inures, or may lawfully inure, to the benefit
of any private shareholder or individual.
‘‘(40) OLDER INDIVIDUAL.—The term ‘older in-
dividual’ means—
‘‘(A) except for purposes of chapter 4 of
title III, and title IV, an individual who is 60
years of age or older, and
‘‘(B) for purposes of chapter 4 of title III,
and title IV, an individual who is 55 years of
age or older.
‘‘(41) PHYSICAL
HARM.—The term ‘physical
harm’ means bodily injury, impairment, or disease.
‘‘(42) PLANNING
AND
SERVICE
AREA.—The
term ‘planning and service area’ means an area des-
ignated 
by 
a 
State 
agency 
under 
section
303(a)(1)(E), including a single planning and serv-
ice area described in section 303(b)(1)(E).
‘‘(43) POVERTY LINE.—The term ‘poverty line’
means the official poverty line (as defined by the Of-
fice of Management and Budget, and adjusted by
the Secretary in accordance with section 673(2) of
the Community Services Block Grant Act (42 U.S.C.
9902(2)).
‘‘(44) REPRESENTATIVE
PAYEE.—The term
‘representative payee’ means a person who is ap-
pointed by a governmental entity to receive, on be-
half of an older individual who is unable to manage
funds by reason of a physical or mental incapacity,
any funds owed to such individual by such entity.
‘‘(45) 
SECRETARY.—The 
term 
‘Secretary’
means the Secretary of Health and Human Services.
‘‘(46) SEVERE DISABILITY.—The term ‘severe
disability’ means a severe, chronic disability attrib-
utable to mental or physical impairment, or a com-
bination of mental and physical impairments, that—
‘‘(A) is likely to continue indefinitely, and
‘‘(B) results in substantial functional limi-
tation in 3 or more of the major life activities
specified in subparagraphs (A) through (G) of
paragraph (17).
‘‘(47) STATE.—The term ‘State’ means any of
the several States, the District of Columbia, the Vir-
gin Islands of the United States, the Commonwealth
of Puerto Rico, Guam, American Samoa, or the
Commonwealth of the Northern Mariana Islands.
‘‘(48) STATE AGENCY.—The term ‘State agen-
cy’ means the agency designated under section
303(a)(1).
‘‘(49) SUPPORTIVE SERVICE.—The term ‘sup-
portive service’ means a service described in section
321(a).
‘‘(50) TRIBAL ORGANIZATION.—The term ‘trib-
al organization’ means—
‘‘(A) except for purposes of subtitle B of
title III,
‘‘(i) the recognized governing body of
an Indian tribe, or
‘‘(ii) the legally established organiza-
tion of Indians that is controlled, sanc-
tioned, or chartered by the governing body
of an Indian tribe, and
‘‘(B) for purposes of subtitle B of title
III—
‘‘(i) an entity described in clause (i)
or (ii) of subparagraph (A), or
‘‘(ii) a legally established organization
of Indians that is democratically elected by
the adult members of the Indian commu-
nity to be served by such organization and
that includes the maximum participation of
Indians in all phases of its activities.
‘‘(51) UNIT OF GENERAL PURPOSE LOCAL GOV-
ERNMENT.—The term ‘unit of general purpose local
government’ means—
‘‘(A) a political subdivision of the State
whose authority is general and not limited to
only one function or combination of related
functions, or
‘‘(B) a tribal organization.
‘‘TITLE II—ADMINISTRATION
‘‘SEC. 
201. 
ESTABLISHMENT 
OF 
ADMINISTRATION 
ON
AGING.
‘‘(a) ESTABLISHMENT.—There is established in the
Office of the Secretary, an Administration on Aging which
shall be headed by an Assistant Secretary for Aging. This
Act shall be administered through the Administration and
under the supervision of the Secretary.
‘‘(b) ASSISTANT SECRETARY.—The Assistant Sec-
retary shall be appointed by the President by and with
the advice and consent of the Senate.
‘‘(c) DESIGNATION RELATING TO MONITORING PRO-
GRAMS AFFECTING NATIVE AMERICANS.—The Assistant
Secretary shall designate an individual in the Administra-
tion who has expertise with respect to programs and serv-
ices affecting Native Americans, to be responsible for mon-
itoring the programs, projects, and activities carried out
under this Act that affect Native Americans.
‘‘(d) DESIGNATION OF OMBUDSMAN FOR OLDER IN-
DIVIDUALS IN LONG-TERM CARE FACILITIES.—The As-
sistant Secretary shall designate an individual in the Ad-
ministration who shall serve as an effective and visible om-
budsman on behalf of older individuals who reside in long-
term care facilities.
‘‘(e) DESIGNATION RELATING TO THE ADMINISTRA-
TION OF NUTRITION SERVICES.—The Assistant Secretary
shall designate an individual in the Administration who
shall be responsible, under the supervision of the Assistant
Secretary, for the administration of chapter 3. Such indi-
vidual shall—
‘‘(1) have expertise in nutrition and dietary
services and planning, and
‘‘(2)(A) be a registered dietitian,
‘‘(B) be a credentialed nutrition professional, or
‘‘(C) have education and training that is sub-
stantially equivalent to the education and training
for a registered dietitian or a credentialed nutrition
professional.
‘‘(f) DESIGNATION RELATING TO THE ADMINISTRA-
TION OF VOLUNTEER SERVICE PROGRAMS.—The Assist-
ant Secretary shall designate an individual in the Adminis-
tration who has experience and expertise in administering
volunteer programs for older individuals and who shall be
responsible, under the supervision of the Assistant Sec-
retary, for the administration of title IV.
‘‘SEC. 202. DUTIES OF ASSISTANT SECRETARY.
‘‘The duties of the Assistant Secretary are as follows:
‘‘(1) ADVOCACY.—To serve as the effective and
visible advocate for older individuals, within the De-
partment of Health and Human Services and with
other departments, agencies, and instrumentalities
of the Federal Government by maintaining active re-
view of and commenting on responsibilities of all
Federal policies affecting older individuals.
‘‘(2) INFORMATION.—To collect and dissemi-
nate information related to problems of older indi-
viduals and aging.
‘‘(3) ASSISTANCE TO SECRETARY.—To directly
assist the Secretary in all matters pertaining to
problems of older individuals and aging.
‘‘(4) ADMINISTRATION.—To administer the
grants provided and contracts made under this Act.
‘‘(5) TECHNICAL
ASSISTANCE.—To provide
technical assistance and consultation to States, and
political subdivisions of States, with respect to pro-
grams for older individuals and aging.
‘‘(6) EDUCATIONAL
MATERIALS.—To prepare,
publish, and disseminate educational materials deal-
ing with the welfare of older individuals.
‘‘(7) STATISTICS.—To gather statistics in the
field of aging that other Federal agencies are not
collecting, and to take whatever action is necessary
to achieve coordination of activities carried out or
assisted by all departments, agencies, and instru-
mentalities of the Federal Government with respect
to the collection, preparation, and dissemination of
information relevant to older individuals.
‘‘(8) PLANNING.—To coordinate, and to assist
in, the planning and development by public (includ-
ing Federal, State, and local agencies) and private
organizations of programs for older individuals to fa-
cilitate the establishment of a nationwide network of
comprehensive, coordinated services and opportuni-
ties for older individuals.
‘‘(9) STATISTICAL DATA REGARDING ASSISTED
ACTIVITIES.—To collect for each fiscal year, for fis-
cal years beginning after September 30, 1996, di-
rectly or by contract, statistical data regarding pro-
grams, projects, and activities carried out with funds
provided under this Act, including—
‘‘(A) with respect to each type of service or
activity provided with such funds—
‘‘(i) the aggregate amount of such
funds expended to provide such service or
activity,
‘‘(ii) the number of individuals who
received such service or activity, and
‘‘(iii) the number of units of such
service or activity provided,
‘‘(B) the number of multipurpose senior
centers that received such funds.
‘‘(10) UNIFORM
DATA
COLLECTION
PROCE-
DURES.—To design and implement, for purposes of
compliance with paragraph (9), uniform data collec-
tion procedures for use by State agencies, includ-
ing—
‘‘(A) uniform definitions and nomen-
clature,
‘‘(B) standardized data collection proce-
dures,
‘‘(C) procedures for collecting information
on gaps in services needed by older individuals,
as identified by service providers in assisting
clients through the provision of the supportive
services, and
‘‘(D) procedures for the assessment of the
unmet need for services under this Act.
‘‘(11) RESEARCH.—To develop and arrange for
research in the field of aging, based on consultations
with individuals and organizations knowledgeable in
the field of aging.
‘‘SEC. 203. FEDERAL AGENCY CONSULTATION.
‘‘The Assistant Secretary, in carrying out the purpose
and provisions of this Act, shall coordinate, advise, consult
with, and cooperate with the head of each department,
agency, or instrumentality of the Federal Government pro-
posing or administering programs or services substantially
related to the purpose of this Act, with respect to such
programs or services. The head of each department, agen-
cy, or instrumentality of the Federal Government propos-
ing to establish or modify any program or service substan-
tially related to the purpose of this Act shall consult with
and coordinate with the Assistant Secretary.
‘‘SEC. 204. POWERS OF THE ASSISTANT SECRETARY.
‘‘(a) POWERS.—In carrying out this Act, the Assist-
ant Secretary may—
‘‘(1) provide consultative services and technical
assistance to public or nonprofit private agencies
and organizations,
‘‘(2) provide short-term training and technical
instruction,
‘‘(3) conduct research and demonstrations, and
‘‘(4) collect, prepare, publish, and disseminate
special educational or informational materials, in-
cluding reports on programs, projects, and activities
for which funds are provided under this Act.
‘‘(b) AUTHORITY TO MAKE GRANTS.—From funds
appropriated under section 209, the Assistant Secretary
may make grants to public or nonprofit private agencies,
organizations, and institutions, and may enter into con-
tracts with agencies, organizations, institutions, and indi-
viduals for activities—
‘‘(1) to expand the Nation’s knowledge and un-
derstanding of older individuals and the aging proc-
ess,
‘‘(2) to design, to test, and to promote utiliza-
tion of innovative ideas and best practices in pro-
grams and services for older individuals,
‘‘(3) to help meet the needs for trained person-
nel in the field of aging, and
‘‘(4) to increase the awareness of citizens of all
ages of the need to assume personal responsibility
for their own aging through—
‘‘(A) education and training to develop an
adequately trained workforce to work with and
on behalf of older individuals,
‘‘(B) research and policy analysis to im-
prove access to and delivery of services for older
individuals,
‘‘(C) development of methods and practices
to improve quality and effectiveness of such
services,
‘‘(D) demonstration of new approaches to
design, delivery, and coordination of services
and activities for older individuals,
‘‘(E) technical assistance in planning, de-
velopment, implementation, evaluation, and im-
provement of programs, projects, and activities
under this Act, and
‘‘(F) dissemination of information on is-
sues related to aging, their impact on individ-
uals and society, and relating to services and
activities benefiting older individuals.
‘‘SEC. 205. EVALUATIONS.
‘‘(a) DUTY
OF SECRETARY.—The Secretary may
measure and evaluate the impact and effectiveness of all
programs, projects, and activities carried out with funds
provided under this Act. Evaluations shall be conducted
by persons not immediately involved in the administration
of the programs, projects, and activities evaluated.
‘‘(b) SOURCES OF EVALUATION INFORMATION.—In
carrying out evaluations under subsection (a), the Sec-
retary shall—
‘‘(1) to the maximum extent practicable, ar-
range to obtain the opinions of participants in the
programs, projects, and activities being evaluated,
and
‘‘(2) consult with organizations concerned with
the welfare of older individuals.
‘‘SEC. 206. REPORTS.
‘‘(a) ANNUAL REPORT.—Not later than 120 days
after the end of each fiscal year beginning after September
30, 1996, the Assistant Secretary shall prepare and sub-
mit to the President and to the Congress a complete report
on the programs, projects, and activities carried out under
this Act in such fiscal year. Such report shall include—
‘‘(1) statistical data reflecting services and ac-
tivities provided under this Act to older individuals
during the fiscal year for which such report is sub-
mitted,
‘‘(2) statistical data collected under section
202(9), and
‘‘(3) statistical data, and an analysis of infor-
mation, regarding the effectiveness of the State
agency and area agencies on aging in targeting serv-
ices to older individuals with greatest economic need
and older individuals with greatest social need.
‘‘SEC. 207. REDUCTION OF PAPERWORK
‘‘In order to reduce unnecessary, duplicative, or dis-
ruptive demands for information, the Assistant Secretary,
in consultation with State agencies and other appropriate
agencies and organizations, shall continually review and
evaluate all requests by the Administration for informa-
tion under this Act and shall take such action as may be
necessary to reduce the paperwork required under this
Act. The Assistant Secretary shall request only such infor-
mation as the Assistant Secretary deems essential to carry
out the purpose and provisions of this Act and, in gather-
ing such information, shall make use of uniform service
definitions to the extent that such definitions are available.
‘‘SEC. 208. SURPLUS PROPERTY ELIGIBILITY.
‘‘Any State or local government agency, and any non-
profit organization or institution, that receives funds ap-
propriated for programs for older individuals under this
Act, under title IV or title XX of the Social Security Act,
under title VIII or X of Public Law 88–452 (commonly
known as the Economic Opportunity Act of 1964) or the
Community Services Block Grant Act, shall be deemed to
be eligible to receive for such programs, property that is
declared surplus to the needs of the Federal Government
in accordance with laws applicable to surplus property.
‘‘SEC. 209. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) IN GENERAL.—For the expenses (including sala-
ries) of the Administration on Aging to carry out this Act
(other than title IV), there are authorized to be appro-
priated $15,170,000 for fiscal year 1997 and such sums
as may be necessary for fiscal years 1998, 1999, 2000,
and 2001.
‘‘(b) TITLE IV.—For the expenses (including sala-
ries) of the Administration on Aging to carry out title IV,
there are authorized to be appropriated $24,000,000 for
fiscal year 1997 and such sums as may be necessary for
fiscal years 1998, 1999, 2000, and 2001.
‘‘TITLE III—GRANTS FOR
PROGRAMS ON AGING
‘‘Subtitle A—Grants for State and
Community Programs on Aging
‘‘CHAPTER 1—GENERAL PROVISIONS
‘‘SEC. 301. ADMINISTRATION OF PROGRAMS.
‘‘(a) ADMINISTRATION.—To effectively carry out this
title, the Assistant Secretary shall administer programs
under this title through the Administration.
‘‘(b) TECHNICAL ASSISTANCE AND COOPERATION.—
In carrying out this title, the Assistant Secretary may re-
quest the technical assistance and cooperation of such
other Federal agencies as the Assistant Secretary consid-
ers to be appropriate.
‘‘SEC. 302. ALLOTMENTS; FEDERAL SHARE.
‘‘(a) ALLOTMENT OF FUNDS FOR SUPPORTIVE SERV-
ICES, MULTIPURPOSE SENIOR CENTERS, AND NUTRITION
SERVICES.—
‘‘(1) RESERVATION OF FUNDS.—(A) Subject to
subparagraphs (B) and (C), the amounts appro-
priated under paragraphs (1) and (2) of section
395(a), and the amounts made available under sec-
tion 396(a), for fiscal years 1997 through 2001 shall
be allotted by the Assistant Secretary among the
States as follows:
‘‘(i) For each of the fiscal years 1997,
1998, 1999, and 2000—
‘‘(I) the product of such amount ap-
propriated for such fiscal year and the
base percentage rate for such fiscal year
shall be allotted among the States propor-
tionately based on their respective shares
of the funds appropriated for fiscal year
1996 allotted to the States to carry out ti-
tles III and VII of the Older Americans
Act of 1965, and
‘‘(II) the balance of the such amount
appropriated for such fiscal year shall be
allotted among the State proportionately
based on the population of individuals 60
years of age or older in the States.
‘‘(ii) For purposes of clause (i), the base
percentage rates are the following:
Fiscal year:
Base percentage rate:
1997 .........................................................................................
80 percent
1998 .........................................................................................
60 percent
1999 .........................................................................................
40 percent
2000 .........................................................................................
20 percent
‘‘(iii) Such amount appropriated for fiscal
year 2001 shall be allotted among the States
proportionately based on the population of indi-
viduals 60 years of age or older in the States.
paragraph for such fiscal year to the remaining
States.
‘‘(c) PERMITTED USE OF ALLOTMENTS.—
‘‘(1) ADMINISTRATION OF STATE PLANS.—(A)
Except as provided in subparagraph (B), the greater
of 7 percent of the aggregate of the allotments made
to a State under subsections (a) and (b), or
$800,000, whichever is greater, shall be available to
the State to use in accordance with section 306(a)
and for administrative costs incurred by the State to
carry out chapter 4.
‘‘(B) In the case of allotments made under sub-
sections (a) and (b) to Guam, American Samoa, the
Virgin Islands of the United States, and the Com-
monwealth of the Northern Mariana Islands, 7 per-
cent of the aggregate of such allotments or
$120,000, whichever is greater, shall be available to
each to use in accordance with section 306(a) and
for administrative costs incurred by the State to
carry out chapter 4.
‘‘(2) 
APPLICATION
TO
USE
ADDITIONAL
FUNDS.—(A) If the Assistant Secretary determines,
based upon a particularized showing of need that—
‘‘(i) the State will be unable to fully and
effectively administer its State plan and to