‘‘(8) The project will include such training as
may be necessary to make the most effective use of
the skills and talents of such individuals who are
participating and assist in their transition into em-
ployment for which no financial assistance is pro-
vided under this title, and may provide for the pay-
ment of the reasonable expenses of such individuals
being trained.
‘‘(9) The project will be established or adminis-
tered with the advice of individuals competent in the
field of service in which employment is being pro-
vided, and of individuals who are knowledgeable with
regard to the needs of older individuals.
‘‘(10) The project may authorize payment for
reasonable transportation costs of older individuals
described in subsection (a) that may be incurred in
employment in the project.
‘‘(11) The project will prepare an assessment
of—
‘‘(A) the participating older individuals’
skills and talents,
‘‘(B) their need for supportive services,
and
‘‘(C) their ability to perform community
service employment,
except to the extent such project has, for the par-
ticular participant involved, an assessment of such
skills and talents, such need, or such capabilities
prepared recently pursuant to another employment
or training program.
‘‘(12) The entity that carries out such project
will post in the project workplace a notice, and will
make available to each individual associated with
such project a written explanation, clarifying the law
with respect to allowable and unallowable political
activities under chapter 15 of title 5, United States
Code, applicable to the project and to each category
of individuals associated with such project.
‘‘(13) In providing employment opportunities
under the project, such entity will give priority to
low-income older individuals described in subsection
(a) who are 60 years of age or older.
‘‘(d) PREREQUISITE DETERMINATIONS.—(1) To ef-
fectively carry out subsection (b), a State that receives a
grant under subsection (a) for fiscal year 1996 shall, after
consultation with the appropriate area agencies on aging,
make a determination,—
‘‘(A) identifying the localities in which projects
described in subsection (b) are most needed,
‘‘(B) in making such determination, consider
the local employment situations and the types of
skills possessed by available local older individuals
described in subsection (a), and
‘‘(C) identifying potential projects and the num-
ber and percentage of such individuals in the local
population.
‘‘(2) The State shall coordinate the projects assisted
under this title with—
‘‘(A) other programs, projects, and activities
carried out under this Act,
‘‘(B) federally supported job training programs,
and
‘‘(C) other Federal and State employment pro-
grams,
to increase job opportunities available to older individuals.
‘‘(e) PRIOR SUBMISSION
OF PROJECT DESCRIP-
TION.—Whenever a project entity (other than an area
agency on aging for the planning and service area in which
the project will be conducted) conducts a project under
an agreement made under subsection (b) within a plan-
ning and service area, such organization or such entity
shall conduct such project in consultation with the area
agency on aging designated for the planning and service
area and shall submit to the area agency on aging, not
less than 30 days before undertaking the project, a de-
scription (including the location) of such project.
‘‘(f) ALTERNATIVE WORK MODES; TECHNICAL AS-
SISTANCE.—The State may develop alternatives for inno-
vative work modes and provide technical assistance in cre-
ating job opportunities through work sharing and other
experimental methods to groups representing business and
industry and workers as well as to individual employers,
where appropriate.
‘‘(g) RULES.—The Secretary shall issue, and amend
from time to time, rules that require States that receive
grants under subsection (a) to establish, to the maximum
extent practicable, for projects carried out under this title
the goal of annually placing not less than 20 percent of
project participants in employment positions for which no
financial assistance is provided under this title.
‘‘SEC. 503. ALLOTMENT OF FUNDS FOR FISCAL YEAR 1996.
‘‘(a) ALLOTMENT.—The amount of funds appro-
priated for fiscal year 1996 to carry out this title shall
be allotted by the Secretary proportionately among the
States based on their respective shares of the funds appro-
priated for fiscal year 1995 allotted to the States to carry
out this title.
‘‘(b) REALLOTMENT.—If any funds allotted to a
State for fiscal year 1996 to carry out this title are not
distributed to the State for such fiscal year, such funds
shall be reallotted under this section for such fiscal year
to the remaining States.
‘‘SEC. 504. PARTICIPANTS NOT FEDERAL EMPLOYEES.
‘‘(a) PROJECT PARTICIPANTS.—Older individuals de-
scribed in section 502(a) who participate in a project as-
sisted under this title shall not be considered to be Federal
employees as a result of such participation and shall not
be subject to the provisions of part III of title 5 of the
United States Code.
‘‘(b) CONTRACTS.—No contract shall be entered into
under this title with a contractor who is, or whose employ-
ees are, under State law, exempted from operation of the
State workmen’s compensation law, generally applicable to
employees, unless the contractor shall undertake to pro-
vide either through insurance by a recognized carrier, or
by self-insurance, as authorized by State law, that the in-
dividuals employed under the contract shall enjoy work-
men’s compensation coverage equal to that provided by
law for covered employment.
‘‘SEC. 505. DEFINITIONS.
‘‘For purposes of this title:
‘‘(1) COMMUNITY SERVICES.—The term ‘com-
munity services’ means—
‘‘(4) SECRETARY.—The term ‘Secretary’ means
the Secretary of Labor.
‘‘(5) STATE.—The term ‘State’ means any of
the several States, the District of Columbia, the
Commonwealth of Puerto Rico, Guam, American
Samoa, the Virgin Islands of the United States, or
the Commonwealth of the Northern Mariana Is-
lands.
‘‘SEC. 506. AUTHORIZATION OF APPROPRIATIONS.
‘‘There is authorized to be appropriated to carry out
this title $350,000,000 for fiscal year 1996.’’.
SEC. 4. 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 1995’.
‘‘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—STATEMENT OF PURPOSE; DEFINITIONS
‘‘Sec. 101. Purpose.
‘‘Sec. 102. Definitions.
‘‘TITLE II—ADMINISTRATION
‘‘Sec. 201. Establishment of Administration on Aging.
‘‘Sec. 202. Duties of Assistant Secretary.
‘‘Sec. 203. Federal agency consultation.
‘‘Sec. 204. Powers of the Assistant Secretary.
‘‘Sec. 205. Evaluations.
‘‘Sec. 206. Reports.
‘‘Sec. 207. Reduction of paperwork
‘‘Sec. 208. Surplus property eligibility.
‘‘Sec. 209. Authorization of appropriations.
‘‘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.
‘‘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.
‘‘Subtitle B—Grants for Native American Programs on Aging
‘‘Sec. 371. Grants for services to Native Americans.
‘‘Sec. 372. Applications for grants.
‘‘Sec. 373. Distribution of funds among tribal organizations and Alaska Native
organizations.
‘‘Sec. 374. Surplus educational facilities.
‘‘Sec. 375. Administration.
‘‘Sec. 376. Payments.
‘‘Subtitle C—Authorization of Appropriations
‘‘Sec. 395. Authorization of appropriations.
‘‘Sec. 396. Additional funds available for nutrition services.
‘‘TITLE IV—NATIONAL SENIOR VOLUNTEER SERVICE CORPS
‘‘Sec. 401. Statement of purposes.
‘‘Subtitle A—Retired and Senior Volunteer Program
‘‘Sec. 411. Grants and contracts for volunteer service projects.
‘‘Subtitle B—Foster Grandparent Program
‘‘Sec. 421. Grants and contracts for volunteer service projects.
‘‘Subtitle C—Senior Companion Volunteer Program
‘‘Sec. 431. Grants and contracts for volunteer service projects.
‘‘Subtitle D—General Provisions
‘‘Sec. 441. Promotion of National Senior Volunteer Service Corps.
‘‘Sec. 442. Payments.
‘‘Sec. 443. Use of locally generated contributions in national senior volunteer
service corps.
‘‘Sec. 444. Adjustments to Federal financial assistance; reports.
‘‘Sec. 445. Multiyear grants or contracts.
‘‘Subtitle E—Administration and Coordination
‘‘Sec. 461. Administrative structure.
‘‘Sec. 462. Political activities.
‘‘Sec. 463. Special limitations.
‘‘Sec. 464. Coordination with other programs.
‘‘Sec. 465. Notice and hearing procedures for suspension and termination of fi-
nancial assistance.
‘‘Sec. 466. Distribution of benefits between rural and urban areas.
‘‘Sec. 467. Volunteers not Federal employees.
‘‘Sec. 468. Evaluation.
‘‘Sec. 469. Eligibility for other benefits.
‘‘Sec. 470. Legal expenses.
‘‘Subtitle F—Authorization of Appropriations
‘‘Sec. 491. Authorization of appropriations for programs.
‘‘TITLE I—STATEMENT OF
PURPOSE; DEFINITIONS
‘‘SEC. 101. PURPOSE.
‘‘It is the purpose of this Act to encourage and assist
State agencies and area agencies on aging to concentrate
resources in order to develop greater capacity and foster
the development and implementation of comprehensive
and coordinated systems to serve older individuals by en-
tering into cooperative arrangements in each State for the
planning and provision of supportive services, nutrition
services, multipurpose senior centers, community service
employment, and volunteer services, in order to—
‘‘(1) secure and maintain maximum independ-
ence and dignity in a home environment for older in-
dividuals capable of self care with appropriate sup-
portive services,
‘‘(2) remove individual and social barriers to
economic and personal independence for older indi-
viduals,
‘‘(3) provide a continuum of care for vulnerable
older individuals,
‘‘(4) secure the opportunity for older individuals
to receive managed in-home and community-based
long-term care services,
‘‘(5) ensure that older individuals will be pro-
tected against abuse, neglect, and exploitation,
‘‘(6) promote employment opportunities and
community service, and
‘‘(7) empower older individuals to contribute to
their communities through volunteer services that
enhance 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 al-
cohol 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 nec-
essary to avoid physical harm, mental anguish,
or mental 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 Na-
tive’ means an Alaska Native who is a member of
an Alaska Native organization.
‘‘(5) ALASKA
NATIVE
ORGANIZATION.—The
term ‘Alaska Native organization’ means an Alaska
Native village, or an Alaskan Native regional or vil-
lage corporation, as defined in or established pursu-
ant to the Alaska Native Claims Settlement Act
(Public Law 92–203; 85 Stat.688), that is recog-
nized as eligible for the special programs and serv-
ices provided by the United States to Alaska Natives
because of their status as Alaska Natives.
‘‘(6) AREA AGENCY ON AGING.—The term ‘area
agency on aging’ means an area agency on aging
designated 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 ‘As-
sistant 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 con-
fronted by, older individuals with functional limita-
tions.
‘‘(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 pro-
vides (on behalf of such individual or of a public or
private agency, organization, or institution) uncom-
pensated care to an older individual who needs sup-
portive 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 services
and coordination described in subpara-
graph (B), and
‘‘(ii) to assess the needs, and to ar-
range, coordinate, and monitor an opti-
mum 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 as-
sessment to meet the needs of the older in-
dividual, including coordination of the re-
sources 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 in-
dividual 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 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.
‘‘(16) COMPREHENSIVE
AND
COORDINATED
SYSTEM.—The term ‘comprehensive and coordinated
system’ means a system for providing all necessary
supportive services, including nutrition services, in a
manner designed to—
‘‘(A) facilitate accessibility to, and utiliza-
tion of, all supportive services and nutrition
services provided within the geographic area
served by such system by any public or private
agency or organization,
‘‘(B) develop and make the most efficient
use of supportive services and nutrition services
in meeting the needs of older individuals,
‘‘(C) use available resources efficiently and
with a minimum of duplication, and
‘‘(D) encourage and assist public and pri-
vate entities that have unrealized potential for
meeting the service needs of older individuals to
assist the older individuals on a voluntary basis.
‘‘(17) 
DISABILITY.—The 
term 
‘disability’
means (except when such term is used in the phrase
‘severe disability’, ‘developmental disabilities’, ‘phys-
ical and mental disabilities’, or ‘physical disabilities’)
a disability attributable to mental or physical im-
pairment, or a combination of mental and physical
impairments, that results in substantial functional
limitations in 1 or more of the following areas of
major life activity: (A) self-care, (B) receptive and
expressive language, (C) learning, (D) mobility, (E)
self-direction, (F) capacity for independent living,
(G) economic self-sufficiency, (H) cognitive function-
ing, and (I) emotional adjustment.
‘‘(18) ELDER ABUSE.—The term ‘elder abuse’
means abuse of an older individual.
‘‘(19) ELDER ABUSE, NEGLECT, AND EXPLOI-
TATION.—The term ‘elder abuse, neglect, and exploi-
tation’ means abuse, neglect, and exploitation, of an
older individual.
‘‘(20) ELECTION.—When referring to an elec-
tion for Federal office, the term ‘election’ has the
meaning given such term by section 301(1) of the
Federal Election Campaign Act of 1971 (Public Law
92–225).
‘‘(21) EXPLOITATION.—The term ‘exploitation’
means the illegal or improper act or process of an
individual, including a caregiver, using the resources
of an older individual for monetary or personal bene-
fit, profit, or gain.
‘‘(22) FEDERAL
OFFICE.—The term ‘Federal
office’ has the meaning given such term in section
301(3) of the Federal Election Campaign Act of
1971 (Public Law 92–225).
‘‘(23) FOCAL
POINT.—The term ‘focal point’
means an entity that maximizes the collocation and
coordination of services for older individuals.
‘‘(24) FRAIL.—The term ‘frail’ means, with re-
spect to an older individual in a State, that the older
come of all the States, except that the allotment
percentage shall be not more than 75 percent
and not less than 331⁄3 percent, and
‘‘(ii) the allotment percentage for the Dis-
trict of Columbia, the Commonwealth of Puerto
Rico, Guam, American Samoa, the Virgin Is-
lands of the United States, and the Common-
wealth of the Northern Mariana Islands shall
be 75 percent.
‘‘(E) LIMITATION.— For purposes of subpara-
graphs (C)(ii)(I) and (D)(i), the term ‘State’ does
not include Guam, American Samoa, the Virgin Is-
lands of the United States, or Commonwealth of the
Northern Mariana Islands.
‘‘(F) POPULATION
AND
PER
CAPITA
INCOME
DETERMINATIONS.—For purposes of this paragraph,
the number of individuals 55 years of age or older
in each State, and the per capita income of each
State, shall be determined by the Assistant Sec-
retary on the basis of the most satisfactory data
available to the Assistant Secretary.
‘‘(G) REALLOTMENT.—If any part of the
amount allotted under this paragraph to a State for
a fiscal year is not distributed to the State for such
fiscal year, such part shall be reallotted under this