TITLE I-DECLARATION OF OBJECTIVES

The Older Americans Act is directed toward assisting older persons to attain full participation in the benefits of this Nation. In keeping with this goal, the Act directs the Governments of the United States, the various States and Territories, and political subdivisions to assist older persons in securing 10 objectives. These objectives are: (1) an adequate income in retirement; (2) the best possible physical and mental health; (3) suitable housing designed and located to meet special needs; (4) full restorative services for those who require institutional care including a comprehensive array of community-based, long-term care services; 1 (5) opportunity for employment without age discrimination; (6) retirement in health, honor, and dignity; (7) pursuit of civic, cultural, education and training 2 recreational opportunities; (8) efficient community services with emphasis on maintaining a continuum of care for the vulnerable elderly; 3 (9) benefits from research designed to sustain and improve health and happiness; and (10) freedom to plan and manage their lives and participate in the planning and operation of services designed for their benefit.4

1 Emphasis on community-based, long-term care services added as part of the 1984 amendments to the Act, P.L. 98-459.

2 Goals of Education and Training added as part of the 1981 amendments to the Act, P.L. 97115 (42 United States Code 3001).

3 Emphasis on the vulnerable elderly added as part of the 1984 amendments to the Act, P.L. 98-459.

+ Extension of objective to include participation of older persons in services' planning and provision added as part of the 1984 amendments to the Act, P.L. 98-459.

TITLE II-ADMINISTRATION ON AGING

FUNCTIONS AND ORGANIZATIONAL STATUS OF THE ADMINISTRATION ON AGING

Title II establishes the Administration on Aging within the Office of the Secretary of the Department of Health and Human Services (DHHS), under the direction of the Commissioner on Aging. The Act requires that the Commissioner be directly responsible to the Office of the Secretary and prohibits the Secretary from approving the delegation of any functions of the Commissioner to any officer not directly responsible to the Commissioner.

Since inception of the Administration on Aging in 1962, its apprioriate placement within the Federal framework has been questioned. The original sponsors conceived of placing such an agency at the White House level so it would not be subordinate to any one agency or department, but an independent agency able to carry out its interdepartmental functions. This placement, however, was strongly opposed by officials of the executive branch. Therefore, the sponsors turned to a compromise position to expedite passage of the Act.1 The Administration on Aging was placed within the Department of Health, Education, and Welfare in 1965 and did not have independent status.

Over the years, many policymakers have questioned whether the Administration on Aging can carry out its interdepartmental functions and serve as a Federal coordinator, spokesperson, and advocate for the elderly as well as impact on Federal programs and policies when it is placed within a Federal department. During consideration of the 1978 amendments, discussion concerning the appropriate placement of the Administration on Aging ranged from placing the Administration as an independent office at the White House level to retaining the agency in its current position. The amendments, however, did not change prior law and retained the agency within the Office of Human Development Services (OHDS) where it currently is located. In support of this placement, the 1978 Senate bill report stated that:

The committee believes that there is some benefit in having the Commissioner on Aging within OHDS for purposes of coordinating programs under the Administration on Aging with those programs administered by the Public Services Administration, the Developmental Disabilities Office, the Office of Child Development, the Office of Youth Development, and the Rehabilitation Services Administration. The committee believes that bringing these programs together fosters increased coordination and cooperation, and gives the Commissioner on Aging greater insight into overall policy development and program interface. Thus, while no new action with

1 U.S. House. Committee on Education and Labor. Hearings on Administration on Aging, H.R. 7957 and Similar Bills, 88th Congress, 1st session, Sept. 17, 1963: 16.

respect to AOA's placement in OHDS was taken in connection with this bill, it is a matter of continuing interest to the committee.2

The Conference committee considering the 1978 amendments retained the existing placement language, but noted that Congress will closely monitor the power and recognition afforded the Commissioner on Aging and his or her ability to serve as a focal point for all Federal programs for the aging from this present organizational position.3

Discussion about the proper placement of the position of the Commissioner on Aging in 1981 resulted in the House-passed bill requiring that the Commissioner report directly to the Secretary of Health and Human Services, as compared to the Office of the Secretary. The Conference agreement, however, retained the existing structure of the Department of Health and Human Services, but subjected the functions of the Commissioner to the restrictions contained in Section 201 which bars the delegation of any function of the Commissioner to any officer not directly responsible to the Commissioner.4

Again in 1984, discussion developed around the organizational placement of the Administration on Aging. The House-passed bill provided for an Office on Aging to be headed by a Commissioner on Aging reporting directly to the Secretary of Health and Human Services. The Conference agreement retained the existing placement of the Administration on Aging and established conclusively that there is to be no intervening reporting relationship between the Commissioner and the Secretary. Further, the Secretary is strictly prohibited from delegating any of the Commissioner's responsibilities to any officer not directly responsible to the Commissioner. 5

Since 1978, the Older Americans Act has required a direct reporting relationship between the Secretary and the Commissioner on Aging. This amendment seeks to establish conclusively such a direct relationship. By the term direct, the Conferees intend that there be no intervening reporting relationship between that of the Commissioner and the Secretary. Further, under the amendment, the Secretary is strictly prohibited from delegating any of the Commissioner's responsibilities to any officer not directly responsible to the Commissioner. The Conferees wish to emphasize that the amendment would not require the establishment of separate personnel, financial management, and budget staff. Rather, the amendment assures that responsibility for federal aging policy is placed in the Administration on Aging and not in the Office of Human Development Services.6

The Act sets out a number of specific responsibilities and functions of the Commissioner, including the following:

-Serve as the effective and visible advocate for the elderly within DHHS and with other departments or agencies of the Federal Government by maintaining active review and com

2 U.S. Senate. Committee on Human Resources. Older Americans Act Amendments of 1978. Committee Rep. No. 95-855. May 15, 1978: 5.

3 U.S. House. Committee of Conference. Comprehensive Older Americans Act Amendments of 1978, Rep. No. 95-1618. Sept. 22, 1978: 54.

4 U.S. Senate, Committee on Conference. Older Americans Act Amendments of 1981, Rep. No. 97-293. Dec. 10, 1981: 19.

5 U.S. House. Committee of Conference. Older Americans Act Amendments of 1984, Rep. No. 98-1037. Sept. 19, 1984: 31.

6 U.S. House. Committee of Conference. Older Americans Act Amendments of 1984, Rep. No. 98-1037. Sept. 19, 1984: 31.

ment responsibilities on all Federal policies affecting the elderly;

-Advise the Secretary on problems related to aging;

-Conduct research in the field of aging and provide technical assistance to States and other political subdivisions regarding programs on aging;

-Conduct a variety of activities relating to information preparation and dissemination, including the preparation and dissemination of educational materials related to the welfare of older persons; gathering statistics on aging not otherwise collected; coordination of information activities of other departments or agencies of the Federal Government; and provision of information and assistance to private organizations relative to their activities for older persons;

-Stimulate more effective use of existing legislative protections with emphasis on the application of the provisions of the Age Discrimination in Employment Act of 1967;

-Develop policies and set priorities related to programs and activities under the Act;

-Provide for the coordination of Federal programs related to the purposes of the Act and other publicly and privately supported programs for older persons;

Convene conferences and conduct evaluations of programs re-
lated to the purposes of the Act, with particular emphasis on
Medicare, Medicaid, the National Housing Act, and the Age
Discrimination in Employment Act;

-Develop and operate programs not otherwise provided by existing programs; and

-Develop and conduct activities related to training programs.

The Commissioner is also specifically directed to strengthen AoA's involvement in policy alternatives in long-term care and to assure that the development of community alternatives is given priority attention. In addition to other responsibilities, the Commissioner is required to advise, consult, and cooperate with the heads of Federal agencies or departments proposing or administering programs or services related to purposes of the Act. The 1984 amendments require the Commissioner to submit a report to Congress on the need for services for the prevention of elder abuse based on information gathered by area agencies on aging. Finally, the Commissioner is required to prepare and transmit simultaneously to the President and to Congress an annual report on activities carried out under the Act.

EVALUATION ACTIVITIES

The title requires the Secretary of DHHS evaluate all programs authorized by the Act, including their effectiveness in achieving goals. Prior to the 1984 amendments, the Secretary was authorized to use up to 1 percent of funds appropriated under the Act, or $1 million, whichever was greater, to conduct evaluation activities required under title II. The 1984 amendments revised these resource levels to one tenth of one percent of funds appropriated under the Act for each fiscal year, or $300,000, whichever is lower.

The 1984 amendments also require the Secretary to develop and publish standards for evaluation of projects under title IV of the Act prior to making award. Annual evaluation summaries are to be disseminated to Federal, State, local and private organizations with an interest in aging. Uniform standards will help make title IV projects more relevant to specific policy areas delineated in the Act. Also, dissemination of the results of the projects will help ensure that the projects are widely discussed and utilized by service providers in the aging network.

ISSUANCE OF REGULATIONS

The 1984 amendments added a stipulation regarding the administration of the act and the timely promulgation of regulations.

Not later than 120 days after the date of enactment (October 9, 1984) of the Older Americans Act Amendments of 1984, the Secretary shall issue and publish in the Federal Register proposed regulations for the administration of this Act. After allowing a reasonable period for public comment on such proposed rules and not later than 90 days after such publication, the Secretary shall issue, in final form, regulations for the administration of this Act.7

NATIONAL INFORMATION AND RESOURCE CLEARINGHOUSE FOR THE AGING

The National Information and Resource Clearinghouse for the Aging, created by the 1973 amendments to the Act to serve as a resource and dissemination point for information affecting programs and policies on aging, was eliminated by the 1981 amendments to the Act. Both the House Education and Labor Committee and the Senate Labor and Human Resources Committee proposed the elimination of the separate authorization for this program. In its report, the House Committee stated that the Clearinghouse "had, over recent years, evolved into little more than a computerized bibliographic reference system useful primarily to academicians, and not so much to them since it was reported that the system failed to function during most of 1980 at a cost of about $2,000,000 per year."8 The Senate Labor and Human Resources Committee indicated that the Clearinghouse "throughout most of its existence has been an ineffective vehicle for collecting and disseminating information and materials on aging" and its history does not justify a separate authorization. In its place, the 1981 amendments adopted an amendment requiring that the Commissioner take whatever action is necessary to achieve coordination of Federal activities related to collection, preparation, and dissemination of information relevant to older persons.

Upon abolishment of the clearinghouse, its resources were transferred to the American Association of Retired Persons. The association is retained on contract by the General Services Administration to conduct some of the clearinghouse functions.

7U.S. House. Committee of Conference. Older Americans Act Amendments of 1984, Rep. No. 98-1037. Sept. 19, 1984: 4.

8 U.S Congress. House Committee on Education and Labor. Older Americans Act Amendments of 1981. Rep. No. 97-70, 97th Congress, 1st Session. May 19, 1981. pp. 8-9.

9 U.S. Congress. Senate Committee on Labor and Human Resources. Senate Document No. 97159, 97th Congress, 1st Session, July 20, 1981. pp. 5-6.