I
104TH CONGRESS
1ST SESSION
H. R. 2570
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
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 1995’’.
SEC. 2. TABLE OF CONTENTS.
The table of contents of the Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
‘‘(B) Not more than 10 percent of each of such
grants may be used for administrative costs incurred by
a State to carry out this title.
‘‘(C) The amount of such grant remaining (if any)
after the application of subparagraphs (A) and (B) may
be used to pay other employment-related costs relating
such individuals, including costs incurred—
‘‘(i) to perform the assessment described in
subsection (c)(10),
‘‘(ii) to provide the training described in sub-
section (c)(2),
‘‘(iii) to provide counseling to such individuals,
‘‘(iv) to provide supportive services to such indi-
viduals,
‘‘(v) to pay transportation costs,
‘‘(vi) to evaluate such individuals for continued
participation in such employment,
‘‘(vii) to pay incidental costs of attire and tools
for such individuals, necessarily incurred to enable
such individuals to participate in a project carried
out under an agreement made under subsection (b),
and
‘‘(viii) to provide physical examinations to such
individuals.
‘‘(D) To the maximum extent practicable, an entity
that carries out a project under an agreement made under
subsection (b) shall provide for the payment of the costs
described in subparagraph (C) from non-Federal sources.
‘‘(b) ELIGIBILITY FOR GRANTS.—(1) To be eligible
to receive a grant under subsection (a), a State shall sub-
mit to the Secretary an application in such form and con-
taining such information as the Secretary may require by
rule, including an assurance that such grant will be used
by the State to carry out projects (excluding projects in-
volving the construction, operation, or maintenance of any
facility used or to be used as a place for sectarian religious
instruction or worship) for the purpose specified in sub-
section (a) through agreements that satisfy the require-
ments of subsection (c).
‘‘(2) Such agreements shall be made by the State
with—
‘‘(A) the public or nonprofit private agencies or
organizations (excluding national organizations),
‘‘(B) the agencies of State government, and the
political subdivisions of States having elected or duly
appointed governing officials (or combinations of
such political subdivisions),
‘‘(C) the tribal organizations,
‘‘(D) the area agencies on aging, and
‘‘(E) the State and local affiliates of national
organizations,
that expended in such State funds received in fiscal year
1995 under section 502 of this Act as in effect before the
date of the enactment of the Older Americans Amend-
ments of 1995.
‘‘(3) Agreements made under this subsection by each
State shall provide that the grant made under subsection
(a) to the State will be distributed to the entities specified
in paragraph (2) proportionately among—
‘‘(A) the entities specified in subparagraphs
(A), (B), (C), and (D) of such paragraph based on
their respective shares of the funds appropriated for
fiscal year 1995 received by such entities from the
Secretary of Labor to carry out this title, and
‘‘(B) the affiliates specified in subparagraph
(E) of such paragraph based on their respective
parts of the shares of the funds appropriated for fis-
cal year 1995 received by their national organiza-
tions from the Secretary of Labor to carry out this
title.
‘‘(c) REQUIREMENTS.—Each agreement made under
subsection (b) shall provide that no payment shall be made
by the State toward the cost of such project unless the
State determines that such project, and the entity that
carries out such project, will satisfy all of the of following:
‘‘(1)(A) The entity that carries out such project
will use funds received under such agreement that
are attributable to a grant made under subsection
(a) to pay not more than 90 percent of the cost of
such project.
‘‘(B) The non-Federal share of such cost will be
contributed in cash or in kind. In determining the
amount of the non-Federal share, the Assistant Sec-
retary may attribute fair market value to services
and facilities contributed from non-Federal sources.
‘‘(2) The project will provide employment only
for older individuals described in subsection (a), ex-
cept for necessary technical, administrative, and su-
pervisory personnel, but such personnel shall, to the
fullest extent possible, be recruited from among
older individuals described in subsection (a).
‘‘(3) The project will provide employment for
such individuals in the community in which such in-
dividuals reside, or in nearby communities.
‘‘(4) The project will employ such individuals in
services related to publicly owned and operated fa-
cilities and projects, or related to projects sponsored
by organizations (other than political parties) de-
scribed in section 501(c)(3) of the Internal Revenue
Code of 1986 that are exempt from taxation under
subsection 501(a) of such Code.
‘‘(5) The project will contribute to the general
welfare of the community.
‘‘(6) The project will—
‘‘(A) result in an increase in employment
opportunities over those opportunities that
would otherwise be available,
‘‘(B) not result in the displacement of cur-
rently employed workers (including partial dis-
placement, such as a reduction in the hours of
nonovertime work or wages or employment ben-
efits), and
‘‘(C) not impair existing contracts or result
in the substitution of Federal funds for other
funds in connection with work that would other-
wise be performed.
‘‘(7) The project will utilize methods of recruit-
ment and selection (including listing of job vacancies
with the employment agency operated by any State
or political subdivision thereof) that will ensure that
the maximum number of older individuals described
in subsection (a) will have an opportunity to partici-
pate in the project.
‘‘(A) social, health, welfare, and edu-
cational services (particularly literacy tutoring),
‘‘(B) legal and other counseling services
and assistance, including tax counseling and as-
sistance and financial counseling,
‘‘(C) library, recreational, and other simi-
lar services,
‘‘(D) conservation, maintenance, or res-
toration 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.
‘‘(2) LOW-INCOME.—The term ‘low-income’
means income that is not more than 125 percent of
the poverty line.
‘‘(3) OLDER INDIVIDUAL—The term ‘older indi-
vidual’ means an individual who is 55 years of age
or older.