COMPREHENSIVE OLDER AMERICANS SERVICES AMENDMENTS OF 1973 AND RELATED PROGRAMS THURSDAY, JANUARY 30, 1975 HOUSE OF REPRESENTATIVES, OF THE COMMITTEE ON EDUCATION AND LABOR, Washington, D.C. The subcommittee met at 10:15 a.m., pursuant to call, in room 2175, Rayburn House Office Building, Hon. John Brademas (chairman of the subcommittee) presiding. Present: Representatives Perkins, Meeds, Chisholm, Lehman, Cornell, Beard, Zeferetti, Miller, and Jeffords. Staff members present: Jack G. Duncan, counsel to the subcommittee; Robert Agee, staff assistant; and Charles W. Radcliffe, minority counsel. [Text of Older Americans Act of 1965, as amended.] (1) PART I OLDER AMERICANS ACT OF 1965, AS AMENDED (42 U.S. Code, § 3001, Et. Seq.) Public Law 89-73 (July 14, 1965), as amended by Public Law 91-69 (September 17, 1969),2 Public Law 92-258 (March 22, 1972),3 Public Law 93–29 (May 3, 1973), and Public Law 93–351 (July 12, 1974)5 An Act To provide assistance in the development of new or improved programs to help older persons through grants to the States for community planning and services and for training, through research, development, or training project grants, and to establish within the Department of Health, Education, and Welfare an operating agency to be designated as the "Administration on Aging". 1 Hereinafter referred to as the "1967 Amendments". 2 Hereinafter referred to as the "1969 Amendments". 3 Hereinafter referred to as the “1972 Amendments”. 4 Hereinafter referred to as the “1,973 Amendments”. 5 Hereinafter referred to as the “1974 Amendments”. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Older Americans Act of 1965". TITLE I-DECLARATION OF OBJECTIVES: DEFINITIONS DECLARATION OF OBJECTIVES FOR OLDER AMERICANS SEC. 101. The Congress hereby finds and declares that, in keeping with the traditional American concept of the inherent dignity of the individual in our democratic society, the older people of our Nation are entitled to, and it is the joint and several duty and responsibility of the governments of the United States and of the several States and their political subdivisions to assist our older people to secure equal opportunity to the full and free enjoyment of the following objectives: (1) An adequate income in retirement in accordance with the American standard of living. (2) The best possible physical and mental health which science can make available and without regard to economic status. (3) Suitable housing, independently selected, designed and located with reference to special needs and available at costs which older citizens can afford. (4) Full restorative services for those who require institutional care. (5) Opportunity for employment with no discriminatory personnel practices because of age. (6) Retirement in health, honor, dignity- after years of contribution to the economy. (7) Pursuit of meaningful activity within the widest range of civic, cultural, and recreational opportunities. (8) Efficient community services, including access to low-cost transportation, which provide social assistance in a coordinated manner and which are readily available when needed. (9) Immediate benefit from proven research knowledge which can sustain and improve health and happiness. 6 The 1973 Amendments, sec. 102 inserted ", including access to low-cost transportation,”. (10) Freedom, independence, and the free exercise of individual initiative in planning and managing their own lives." DEFINITIONS SEC. 102. For the purposes of this Act (1) The term "Secretary" means the Secretary of Health, Education, and Welfare; (2) The term "Commissioner" means, unless the context otherwise requires," the Commissioner of the Administration on Aging. (3) The term "State" includes the District of Columbia, the Virgin Islands, Puerto Rico, Guam, American Samoa, and the Trust Territory of the Pacific Islands.9 7 In addition to the Declaration of Objectives of the Older Americans Act, embodied in sec. 101, the 1973 Amendments stated their objectives, as follows: "FINDINGS AND PURPOSES "SEC. 101. The Congress finds that millions of older citizens in this Nation are suffering unnecessary harm from the lack of adequate services. It is therefore the purpose of this Act, in support of the objectives of the Older Americans Act of 1965, to (1) make available comprehensive programs which include a full range of health, education, and social services to our older citizens who need them, (2) give full and special consideration to older citizens with special needs in planning such programs, and, pending the availability of such programs for all older citizens, give priority to the elderly with the greatest economic and social need, (3) provide comprehensive programs which will assure the coordinated delivery of a full range of essential services to our older citizens, and, where applicable, also furnish meaningful employment opportunities for many individuals, including older persons, young persons, and volunteers from the community, and (4) insure that the planning and operation of such programs will be undertaken as a partnership of older citizens, community agencies, and State and local governments, with appropriate assistance from the Federal Government." "The 1967 Amendments, sec. 5(a)(1) inserted, "unless the context otherwise requires,”. 9 The 1969 Amendments, sec. 10(a) added ", and the Trust Territory of the Pacific Islands". (4) The term "nonprofit" as applied to any agency, institution, or organization means an agency, institution, or organization which is, or is owned and operated by1o one or more corporations or associations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual. TITLE II-ADMINISTRATION ON AGING ESTABLISHMENT OF ADMINISTRATION ON AGING" SEC. 201. (a) There is established in the Office of the Secretary an Administration on Aging (hereinafter in this Act referred to as the "Administration") which shall be headed by a Commissioner on Aging (hereinafter in this Act referred to as the "Commissioner"). Except for title VI and as otherwise specifically provided by the Older Americans Comprehensive Services Amendments of 1973, the Administration shall be the principal agency for carrying out this Act. In the performance of his functions, the Commissioner shall be directly responsible to the Office of the Secretary. The Secretary shall not approve any delegation of the functions of the Commissioner to any other officer not directly responsible to the Commissioner. (b) The Commissioner shall be appointed by the President by and with the advice and consent of the Senate. 10 The 1967 Amendments, sec. 5(a)(2) deleted "The term 'nonprofit institution or organization' means an institution or organization which is owned and operated by" and inserted "The term 'nonprofit' as applied to any agency, institution, or organization means an agency, institution, or organization which is, or is owned and operated by,”. 11 The 1973 Amendments, sec. 201(a), completely revised sec. 201, by (a) requiring that the Administration on Aging be in the Office of the Secretary, (b) requiring that AoA, with exceptions, be the principal agency for carrying out this Act, (c) requiring that the Commissioner, in the performance of his functions, be directly responsible to the Office of the Secretary, and (d) prohibiting approval by the Secretary of any deration of the Commissioner's functions to "any other officer not directly responsible to the Commissioner”, unless the Secretary took certain actions. However, the 1974 Amendments, sec. 2, changed this to an absolute prohibition against such delegation. |