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OLDER AMERICANS ACT OF 1965,

AS AMENDED

(42 U.S. Code, § 3001, Et. Seq.)

Public Law 89-73 (July 14, 1965), as amended by

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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".

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1 Hereinafter referred to as the "1967 Amendments". "Hereinafter referred to as the “1969 Amendments".

'Hereinafter referred to as the "1972 Amendments". • Hereinafter referred to as the "1973 Amendments".

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Hereinafter referred to as the "1974 Amendments”.

• Hereinafter referred to as the "1975 Amendments". 'Hereinafter referred to as the "1977 Amendments".

'Hereinafter referred to as the "1978 Amendments". Sec. 504 states. "This Act, and the amendments made by this Act, shall take effect at the close of September 30, 1978."

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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 a choice in supported living arrangements and social assistance in a coordinated manner and which are readily available when needed.

1 The 1973 Amendments, sec. 102, inserted “, including access to low-cost transportation,"

'The 1978 Amendments, sec. 101, inserted, "a choice in supported living arrangements and”.

(9) Immediate benefit from proven research knowledge which can sustain and improve health and happiness.

(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, other than for purposes of title V.

(2) The term "Commissioner" means, unless the context otherwise requires, the Commissioner of the Administration on Aging.

'In addition to the Declaration of Objectives of the Older Americans Act, embodied in sec. 101, the 1973 Amendments stated their objectives, as follows:

"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 Govern

ment.

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The 1978 Amendments, sec. 503(a)(1), added “, other than for purposes of title V"

The 1967 Amendments, sec. 5(a)(1) inserted, " unless the context otherwise requires,”.

(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."

(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 by, 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.

(5) The term "Indian" means a person who is a member of an Indian tribe.

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(6) The term "Indian tribe" means any tribe, band, nation, or other organized group or community of Indians (including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (Public Law 92203; 85 Stat. 688)) which (A) is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians; or (B) is located on, or in proximity to, a Federal or State reservation or rancheria.

(7) The term "tribal organization" means the recognized governing body of any Indian tribe, or any legally established organization of Indians which is controlled, sanctioned, or chartered by such governing body. In any case in which a contract is let or grant made to an organization to perform services benefiting more than one Indian tribe, the approval of each such Indian tribe shall be a prerequisite to the letting or making of such contract or grant.

• The 1969 Amendments, sec. 10(a) added “, and the Trust Territory of the Pacific Islands".

"The 1967 Amendments, sec. 5(a)(2) deleted "The term 'non-profit 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,".

The 1975 Amendments, sec. 104(b) added the definitions in these paragraphs.

Compare with the definition of "Indian tribe" and "tribal organization" in sec. 602(b).

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 V, 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.

FUNCTIONS OF ADMINISTRATION

SEC. 202. (a) It shall be the duty and function of the Administration

to

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(1) serve as the effective and visible advocate for the elderly within the Department of Health, Education, and Welfare and with other departments, agencies, and instrumentalities of the Federal Government by maintaining active review and commenting responsibilities over all Federal policies affecting the elderly;

(2) serve as a clearinghouse for information related to problems of the aged and aging;

(3) assist the Secretary in all matters pertaining to problems of the aged and aging;

(4) administer the grants provided by this Act;

1 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 delegation 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. 2 The 1978 Amendments, sec. 102(a)(1) inserted paragraph 1.

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