89th Congress, H. R. 3708 July 14, 1965 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”. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may Older Americans be cited as the "Older Americans Act of 1965". Act of 1965. 79 STAT 218. TITLE I-DECLARATION OF OBJECTIVES: DEFINITIONS 79 STAT. 219. 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 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. (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 the Commissioner of the Administration on Aging. (3) The term "State" includes the District of Columbia, the Virgin Islands, Puerto Rico, Guam, and American Samoa. 79 STAT. 219. 79 STAT. 220. Commissioner on (4) The term "nonprofit institution or organization" means an institution or organization which 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. TITLE II-ADMINISTRATION ON AGING ESTABLISHMENT OF ADMINISTRATION SEC. 201. (a) There is hereby established within the Department of Health, Education, and Welfare an Administration to be known as the Administration on Aging (hereinafter referred to as the "Administration"). (b) The Administration shall be under the direction of a Commissioner on Aging to be appointed by the President by and with the advice and consent of the Senate. FUNCTIONS OF OFFICE SEC. 202. It shall be the duty and function of the Administration to (1) serve as a clearinghouse for information related to problems of the aged and aging; (2) assist the Secretary in all matters pertaining to problems of the aged and aging; (3) administer the grants provided by this Act; (4) develop plans, conduct and arrange for research and demonstration programs in the field of aging; (5) provide technical assistance and consultation to States and political subdivisions thereof with respect to programs for the aged and aging; (6) prepare, publish, and disseminate educational materials dealing with the welfare of older persons; (7) gather statistics in the field of aging which other Federal agencies are not collecting; and (8) stimulate more effective use of existing resources and available services for the aged and aging. TITLE III-GRANTS FOR COMMUNITY PLANNING, AUTHORIZATION OF APPROPRIATIONS SEC. 301. The Secretary shall carry out during the fiscal year ending June 30, 1966, and each of the four succeeding fiscal years, a program of grants to States in accordance with this title. There are authorized to be appropriated $5,000,000 for the fiscal year ending June 30, 1966, and $8,000,000 for the fiscal year ending June 30, 1967, and for the fiscal year ending June 30, 1968, and each of the two succeeding fiscal years, such sums may be appropriated as the Congress may hereafter authorize by law, for (1) community planning and coordination of programs for carrying out the purposes of this Act; 79 STAT. 221. (2) demonstrations of programs or activities which are particularly valuable in carrying out such purposes; (3) training of special personnel needed to carry out such programs and activities; and (4) establishment of new or expansion of existing programs to carry out such purposes, including establishment of new or expansion of existing centers providing recreational and other leisure time activities, and informational, health, welfare, counseling, and referral services for older persons and assisting such persons in providing volunteer community or civic services; except that no costs of construction, other than for minor alterations and repairs, shall be included in such establishment or expansion. 'ALLOTMENTS SEC. 302. (a) (1) From the sum appropriated for a fiscal year under section 301 (A) the Virgin Islands, Guam, and American Samoa shall be allotted an amount equal to one-half of 1 per centum of such sum and (B) each other State shall be allotted an amount equal to 1 per centum of such sum. (2) From the remainder of the sum so appropriated for a fiscal year each State shall be allotted an additional amount which bears the same ratio to such remainder as the population aged sixty-five or over in such State bears to the population aged sixty-five or over in all of the States, as determined by the Secretary on the basis of the most recent information available to him, including any relevant data furnished to him by the Department of Commerce. (3) A State's allotment for a fiscal year under this title shall be equal to the sum of the amounts allotted to it under paragraphs (1) and (2). (b) The amount of any allotment to a State under subsection (a) Reallotments. for any fiscal year which the State notifies the Secretary will not be required for carrying out the State plan (if any) approved under this title shall be available for reallotment from time to time, on such dates as the Secretary may fix, to other States which the Secretary determines (1) have need in carrying out their State plans so approved for sums in excess of those previously allotted to them under subsection (a) and (2) will be able to use such excess amounts for projects approved by the State during the period for which the original allotment was available. Such reallotments shall be made on the basis of the State plans so approved, after taking into consideration the population aged sixty-five or over. Any amount so reallotted to a State shall be deemed part of its allotment under subsection (a). (c) The allotment of any State under subsection (a) for any fiscal Allotments year shall be available for grants to pay part of the cost of projects available in such State described in section 301 and approved by such State (in for grants. accordance with its State plan approved under section 303) prior to the end of such year or, in the case of allotments for the fiscal year ending June 30, 1966, prior to July 1, 1967. To the extent permitted by the State's allotment under this section such payments with respect to any project shall equal 75 per centum of the cost of such project for the first year of the duration of such project, 60 per centum of such cost for the second year of such project, and 50 per centum of such 79 STAT. 222. Grants, time limitation. State agency. of plan. Development of programs and activities. Personnel. Priority of projects. Project approval. Maintenance of records. cost for the third year of such project; except that (1) at the request of the State, such payments shall be less (to the extent requested) than such percentage of the cost of such project, and (2) grants may not be made under this title for any such project for more than three years or for any period after June 30, 1972. STATE PLANS SEC. 303. (a) The Secretary shall approve a State plan for purposes of this title which (1) establishes or designates a single State agency as the sole agency for administering or supervising the administration of the plan, which agency shall be the agency primarily responsible for coordination of State programs and activities related to the purposes of this Act; (2) provides for such financial participation by the State or communities with respect to activities and projects under the plan as the Secretary may by regulation prescribe in order to assure continuation of desirable activities and projects after termination of Federal financial support under this title; (3) provides for development of programs and activities for carrying out the purposes of this Act, including the furnishing of consultative, technical, or information services to public or nonprofit private agencies and organizations engaged in activities relating to the special problems or welfare of older persons, and for coordinating the activities of such agencies and organizations to the extent feasible; (4) provides for consultation with and utilization, pursuant to agreement with the head thereof, of the services and facilities of appropriate State or local public or nonprofit private agencies and organizations in the administration of the plan and in the development of such programs and activities; (5) provides such methods of administration (including methods relating to the establishment and maintenance of personnel standards on a merit basis, except that the Secretary shall exercise no authority with respect to the selection, tenure of office, and compensation of any individual employed in accordance with such methods) as are necessary for the proper and efficient operation of the plan; (6) sets forth principles for determining the priority of projects in the State, and provides for approval of such projects in the order determined by application of such principles; (7) provides for approval of projects of only public or nonprofit private agencies or organizations and for an opportunity for a hearing before the State agency for any applicant whose application for approval of a project is denied; and (8) provides that the State agency will make such reports to the Secretary, in such form and containing such information, as may reasonably be necessary to enable him to perform his functions under this title and will keep such records and afford such access thereto as the Secretary may find necessary to assure the correctness and verification of such reports. 79 STAT. 223. The Secretary shall not finally disapprove any State plan, or any modification thereof submitted under this section without first affording the State reasonable notice and opportunity for a hearing. (b) Whenever the Secretary, after reasonable notice and oppor- Noncompliance. tunity for hearing to the State agency administering or supervising Cancellation the, administration of a State plan approved under subsection (a), of payments. finds that (1) the State plan has been so changed that it no longer complies with the provisions of subsection (a), or (2) in the administration of the plan there is a failure to comply substantially with any such provision, the Secretary shall notify such State agency that no further payments will be made to the State under this title (or, in his discretion, that further payments to the State will be limited to projects under or portions of the State plan not affected by such failure), until he is satisfied that there will no longer be any failure to comply. Until he is so satisfied, no further payments shall be made to such State under this title (or payments shall be limited to projects under or portions of the State plan not affected by such failure). (c) A State which is dissatisfied with a final action of the Secretary Appeal. under subsection (a) or (b) may appeal to the United States court of appeals for the circuit in which the State is located, by filing a petition with such court within sixty days after such final action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary, or any officer designated by hím for that purpose. The Secretary thereupon shall file in the court the record of the proceedings on which he based his action, as provided in section 2112 of title 28, United States Code. Upon the filing of such petition, the court 72 Stat. 941. shall have jurisdiction to affirm the action of the Secretary or to set it aside, in whole or in part, temporarily or permanently, but until the filing of the record, the Secretary may modify or set aside his order. The findings of the Secretary as to the facts, if supported by substantial evidence, shall be conclusive, but the court, for good cause shown, may remand the case to the Secretary to take further evidence, and the Secretary may thereupon make new or modified findings of fact and may modify his previous action, and shall file in the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence. The judgment of the court affirming or setting aside, in whole or in part, any action of the Secretary shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code. The commencement of proceedings under this subsection shall not, unless so specifically ordered by the court, operate as a stay of the Secretary's action. COSTS OF STATE PLAN ADMINISTRATION SEC. 304. From a State's allotment under section 302 for a fiscal year, not more than 10 per centum or $15,000, whichever is the larger, shall be available for paying one-half (or such smaller portion as the State may request) of the costs of the State agency (established or designated as provided in section 303 (a) (1)) in administering the State plan approved under section 303, including the costs of carrying on the functions referred to in subsection (a)(3) thereof. 62 Stat. 928. |