Union Calendar No. 263
104TH CONGRESS
2D SESSION
H. R. 2570
[Report No. 104–539]
A BILL
To amend the Older Americans Act of 1965 to au-
thorize appropriations for fiscal years 1997,
1998, 1999, 2000, and 2001, and for other
purposes.
APRIL 25, 1996
Reported with an amendment, committed to the Commit-
tee of the Whole House on the State of the Union, and
ordered to be printed
IB
Union Calendar No. 263
104TH CONGRESS
2D SESSION
H. R. 2570
[Report No. 104–539]
To amend the Older Americans Act of 1965 to authorize appropriations
for fiscal years 1997, 1998, 1999, 2000, and 2001, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 1, 1995
Mr. CUNNINGHAM (for himself, Mr. GOODLING, Mr. GUNDERSON, Mr. CAS-
TLE, Mr. SAM JOHNSON of Texas, Mr. GREENWOOD, Mr. RIGGS, Mr.
WELDON of Florida, Mr. SOUDER, Mr. MCINTOSH, Mr. BALLENGER, and
Mr. GRAHAM) introduced the following bill; which was referred to the
Committee on Economic and Educational Opportunities
APRIL 25, 1996
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on November 1, 1995]
A BILL
To amend the Older Americans Act of 1965 to authorize
appropriations for fiscal years 1997, 1998, 1999, 2000,
and 2001, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Older Americans
Amendments of 1996’’.
SEC. 2. TABLE OF CONTENTS.
The table of contents of the Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Amendment to the Older Americans Act of 1965.
Sec. 4. Conforming amendments.
Sec. 5. Fiscal year references for fiscal year 1997.
Sec. 6. Issuance of rules.
Sec. 7. Enforcement authority.
Sec. 8. Transfers; savings provisions.
Sec. 9. Effective dates.
SEC. 3. AMENDMENT TO THE OLDER AMERICANS ACT OF
1965.
The Older Americans Act of 1965 (42 U.S.C. 3001 et
seq.) is amended to read as follows:
‘‘SECTION 1. SHORT TITLE.
‘‘This Act may be cited as the ‘Older Americans Act
of 1996’.
‘‘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—GENERAL PROVISIONS
‘‘Subtitle A—Statement of Purpose; Definitions
‘‘Sec. 101. Purpose.
‘‘Sec. 102. Definitions.
‘‘Subtitle B—Administration
‘‘Sec. 111. Establishment of Administration on Aging.
‘‘Sec. 112. Duties of Assistant Secretary.
‘‘Sec. 113. Federal agency consultation.
‘‘Sec. 114. Powers of the Assistant Secretary.
‘‘Sec. 115. Evaluations.
‘‘Sec. 116. Reports.
‘‘Sec. 117. Reduction of paperwork.
‘‘Sec. 118. Surplus property eligibility.
‘‘Sec. 119. Benefit treatment under other laws.
‘‘Sec. 120. Authorization of appropriations.
‘‘TITLE II—GRANTS FOR NATIVE AMERICAN PROGRAMS ON AGING
‘‘Sec. 201. Grants for services to Native Americans.
‘‘Sec. 202. Applications for grants.
‘‘Sec. 203. Distribution of funds among tribal organizations, Alaska Native
organizations, and organizations serving Native Hawai-
ians.
‘‘Sec. 204. Surplus educational facilities.
‘‘Sec. 205. Administration.
‘‘Sec. 206. Payments.
‘‘Sec. 207. Authorization of appropriations.
‘‘TITLE III—GRANTS FOR STATE AND COMMUNITY PROGRAMS ON
AGING
‘‘Subtitle A—Grants for Programs on Aging
‘‘CHAPTER 1—GENERAL PROVISIONS
‘‘Sec. 301. Technical assistance and cooperation.
‘‘Sec. 302. Allotments; Federal share.
‘‘Sec. 303. Eligibility of States; organization.
‘‘Sec. 304. State plans.
‘‘Sec. 305. Area plans.
‘‘Sec. 306. Planning, coordination, evaluation, and administration of State
plans.
‘‘Sec. 307. Payments.
‘‘CHAPTER 2—SUPPORTIVE SERVICES AND MULTIPURPOSE SENIOR CENTERS
‘‘Sec. 321. Program authorized.
‘‘CHAPTER 3—NUTRITION SERVICES
‘‘Sec. 331. Program authorized.
‘‘Sec. 332. Additional requirements.
‘‘CHAPTER 4—COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS
‘‘Sec. 351. Short title.
‘‘Sec. 352. Older American Community Service Employment Program.
‘‘Sec. 353. Participants not Federal employees.
‘‘Sec. 354. Treatment of employment assistance for purposes of Federal hous-
ing and food stamp programs.
‘‘Subtitle B—Authorization of Appropriations
‘‘Sec. 381. Authorization of appropriations.
‘‘Sec. 382. Additional funds available for nutrition services.
hance the lives of the volunteers and those whom they
serve.
‘‘SEC. 102. DEFINITIONS.
‘‘For the purposes of this Act:
‘‘(1) ABUSE.—The term ‘abuse’ means (except
when such term is used in the phrase ‘drug and alco-
hol abuse’) the willful—
‘‘(A) infliction of injury, unreasonable con-
finement, intimidation, or cruel punishment
with resulting physical harm, pain, or mental
anguish, or
‘‘(B) deprivation by a person, including a
caregiver, of goods or services that are necessary
to avoid physical harm, mental anguish, or men-
tal illness.
‘‘(2) ADMINISTRATION.—The term ‘Administra-
tion’ means the Administration on Aging.
‘‘(3) ADULT
CHILD
WITH
A
DISABILITY.—The
term ‘adult child with a disability’ means a child
who—
‘‘(A) is 18 years of age or older,
‘‘(B) is financially dependent on an older
individual who is a parent of the child, and
‘‘(C) has a disability.
‘‘(4) ALASKA NATIVE.—The term ‘Alaska Native’
means an Alaska Native who is a member of an Alas-
ka Native organization.
‘‘(5) ALASKA NATIVE ORGANIZATION.—The term
‘Alaska Native organization’ means an Alaska Native
village, or an Alaskan Native regional or village cor-
poration, as defined in or established pursuant to the
Alaska Native Claims Settlement Act (Public Law
92–203; 85 Stat. 688), that is recognized as eligible
for the special programs and services provided by the
United States to Alaska Natives because of their sta-
tus as Alaska Natives.
‘‘(6) AREA AGENCY ON AGING.—The term ‘area
agency on aging’ means an area agency on aging des-
ignated under section 303(a)(2)(A) or a State agency
performing the functions of an area agency on aging
under section 303(a)(1)(E).
‘‘(7) ASSISTANT SECRETARY.—The term ‘Assist-
ant Secretary’ means the Assistant Secretary for
Aging.
‘‘(8) 
ASSISTIVE
TECHNOLOGY.—The 
term
‘assistive technology’ means technology, engineering
methodologies, or scientific principles appropriate to
meet the needs of, and address the barriers confronted
by, older individuals with functional limitations.
‘‘(9) BOARD
AND
CARE
FACILITY.—The term
‘board and care facility’ means an institution regu-
lated by a State pursuant to section 1616(e) of the
Social Security Act (42 U.S.C. 1382e(e)).
‘‘(10) CAREGIVER.—The term ‘caregiver’ means
an individual who has the responsibility for the care
of an older individual, either voluntarily, by contract,
by receipt of payment for care, or as a result of the
operation of law.
‘‘(11) CARETAKER.—The term ‘caretaker’ means
a family member or other individual who provides
(on behalf of such individual or of a public or private
agency, organization, or institution) uncompensated
care to an older individual who needs supportive
services.
‘‘(12) CASE MANAGEMENT SERVICE.—The term
‘case management service’—
‘‘(A) means a service provided to an older
individual, at the direction of the older individ-
ual or a family member of the individual—
‘‘(i) by an individual who is trained
or experienced in the case management
skills that are required to deliver the serv-
ices and coordination described in subpara-
graph (B), and
‘‘(ii) to assess the needs, and to ar-
range, coordinate, and monitor an optimum
package of services to meet the needs, of the
older individual, and
‘‘(B) includes services and coordination
such as—
‘‘(i) comprehensive assessment of the
older individual (including the physical,
psychological, and social needs of the indi-
vidual),
‘‘(ii) development and implementation
of a service plan with the older individual
to mobilize the formal and informal re-
sources and services identified in the assess-
ment to meet the needs of the older individ-
ual, including coordination of the resources
and services—
‘‘(I) with any other plans that
exist for various formal services, such
as hospital discharge plans, and
‘‘(II) with the information and
assistance services provided under this
Act,
‘‘(iii) coordination and monitoring of
formal and informal service delivery, in-
cluding coordination and monitoring to en-
sure that services specified in the plan are
being provided,
‘‘(iv) periodic reassessment and revi-
sion of the status of the older individual
with—
‘‘(I) the older individual, or
‘‘(II) if necessary, a primary
caregiver or family member of the older
individual, and
‘‘(v) in accordance with the wishes of
the older individual, advocacy on behalf of
the older individual for needed services or
resources.
‘‘(13) CHILD.—Except when it appears as part
of the term ‘adult child with a disability’, the term
‘child’ means—
‘‘(A) except for purposes of title IV, an indi-
vidual who is less than 18 years of age, and
‘‘(B) for purposes of title IV, an individual
who is less than 21 years of age.
‘‘(14) CLIENT
ASSESSMENT.—The term ‘client
assessment’ includes providing information relating
to assistive technology.
‘‘(15) COMMUNITY
SERVICES.—The term ‘com-
munity services’ means—
‘‘(A) social, health, welfare, and educational
services (particularly literacy tutoring),
‘‘(B) legal and other counseling services and
assistance, including tax counseling and assist-
ance and financial counseling,
‘‘(C) library, recreational, and other similar
services,
‘‘(D) conservation, maintenance, or restora-
tion of natural resources,
‘‘(E) community betterment or beautifi-
cation,
‘‘(F) antipollution and environmental qual-
ity efforts,
‘‘(G) weatherization activities,
‘‘(H) economic development, and
‘‘(I) such other services essential and nec-
essary to the community as the Secretary, by
regulation, may require.
‘‘(16) COMPREHENSIVE AND COORDINATED SYS-
TEM.—The term ‘comprehensive and coordinated sys-
tem’ means a system for providing all necessary sup-
portive services, including nutrition services, in a
manner designed to—