Ask the Scholar

Document scope · 1 page
doc
Scholar
Ask about this object, its catalog metadata, its source description, or the page inventory. For page-specific OCR and visual context, open one of the page chats.

Scholar Source Context

Document identity
localId
4535800
label
Older Americans - Aging, 1973
core
doc
dtoType
document
pageCount
1
Source metadata
id
4535800
contentType
document
title
Older Americans - Aging, 1973
collections
Gerald R. Ford Congressional Papers
Robert Hartmann's Subject Files
subjects
Old age
Legislation
imageCount
1
hasImages
yes
source
import
hasTranscription
no
Source extras
naId
4535800
coverageEndDate
logicalDate
1973-03-31
month
3
year
1973
coverageStartDate
logicalDate
1973-02-01
month
2
year
1973
levelOfDescription
fileUnit
recordType
description
ocrSource
nara-archive
Single page context
seq
1
pageIndex
0
type
document
mediaId
ba0ce6e27b8e0e81
ocrText
The original documents are located in Box R27, folder "Older Americans - Aging" of the Gerald R. Ford Congressional Papers at the Gerald R. Ford Presidential Library. Copyright Notice The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United States of America her copyrights in all of her husband's unpublished writings in National Archives collections. Works prepared by U.S. Government employees as part of their official duties are in the public domain. The copyrights to materials written by other individuals or organizations are presumed to remain with them. If you think any of the information displayed in the PDF is subject to a valid copyright claim, please contact the Gerald R. Ford Presidential Library. MATERIAL ON AGING Bill U.S. DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE OFFICE OF THE SECRETARY The attached may be of interest to you. pu concusation today. HEALTH. OF DELICATION AND WELFARE LEAR GERALD R. FORD Stephen Kurzman Frank Samuel for U.S.A. Phone: 963-7868 Assistant Secretary 2/26/73. Room 5238, HEW North for Legislation 330 Independence Ave., SW. Washington, D.C. 20201 HEALTH OF DEPARTMENT OF HEALTH, EDUCATION. AND WELFARE DEPART FEB 19 1973 Honorable Carl Albert Speaker of the House of Representatives Washington, D. C. 20515 FORD LIBRARY & GERALD Dear Mr. Speaker: Enclosed for the consideration of the Congress is a draft bill to provide for the continuation of programs authorized under the Older Americans Act of 1965, and for other purposes. I am also enclosing for your convenience a brief summary of the bill. The enclosed draft bill focuses on the development of a system of comprehensive services for older persons in order to assist them to live independent, meaningful, and dignified lives. Under this proposal funds would be allotted to the States to support the development of State and local capacity to plan and coordinate programs for older persons. Funds would also be available to support services which the State and local planning agencies determine are needed as part of a comprehensive service program. Services which would be supported include health, recreation, education, transportation and homemaker services, housing assistance, and information and referral services. Our strategy is to foster the development of local plans which define the needs of older persons for services and set forth arrangements under which providers of services would meet those needs through a coordinated service program. Funds for services under the bill would be used to nitiate services which are not available under present programs. Only in this way can we assure an effective program of services to meet the needs of older persons. Page 2 - Honorable Carl Albert Our proposal stresses the importance of concentrating resources to maximize the impact of services on the lives of older persons. We have learned that a scattering of unrelated projects throughout a State has far less payoff for the recipient of the service than the concentration of resources in a comprehensive and coordinated program. The enclosed draft bill is very similar to H.R. 13925 of the 92d Congress, which embodied the Administration's proposals for extending and amending the Older Americans Act. Most of the proposals contained therein were incorporated, in one form or another, in H.R. 15657 of the 92d Congress. However, H.R. 15657, which was passed by the Congress, contained numerous other provisions which the Administration opposed, and was therefore vetoed by the President. The reasons for the veto were stated in the President's Memorandum of Disapproval of October 30, 1972 and elaborated upon before the Select Subcommittee on Education of the Committee on Education and Labor by Assistant Secretary for Legislation Stephen Kurzman on February 8, 1973. We are advised by the Office of Management and Budget that enactment of the proposed legislation would be in accord with the program of the President. Sincerely, FORD LIBRARY y 078839 /s/ Caspar W. Weinberger Secretary Enclosures FORD LIBRARY Y GERALD SUMMARY OF THE PROPOSED "OLDER AMERICANS AMENDMENTS OF 1973" Section 1 provides the short title of the bill: the "Older Americans Amendments of 1973". Section 2 of the bill would substitute a revised title III of the Older Americans Act of 1965 for the existing title. The revised section 301 of the Older Americans Act of 1965 would contain the statement of purpose for title III. The program authorized by the title would encourage and assist State or local agencies to develop greater capacity to serve older persons by entering into new cooperative arrangements with each other and with providers of social services for planning for, and providing, services to older persons in order to enable them to maintain their independence and dignity. In administering this program, the Department would take such steps as may be necessary to avoid duplication between the assistance provided under this title and assistance provided under title VI of the Older Americans Act (administered by ACTION). The revised section 302 of the Older Americans Act of 1965 would define several key terms, such as "social services" and "coordinated system". 2 FORD LIBRARY if The revised section 303 (a) of the Older Americans Act of 1965 would provide the formula for allotting the funds appropriated under title III for grants to States which is currently provided by section 302 of the Older Americans Act. The revised section 303 (b) of the Older Americans Act of 1965 would provide for the reallotment of funds not used by a State for carrying out the purpose for which allotted. The revised section 303(c) of the Older Americans Act of 1965 specifies the purposes for which an allotment may be used. The revised section 304 of the Older Americans Act of 1965 would describe the administrative organization which a State must develop in order to be eligible to receive funds under title III. Subsection (a) would provide that it is the responsibility of the Governor to designate a State agency to develop a State plan, to divide the State into distinct areas for planning and providing social services, to determine for which areas an area plan will be developed, to designate area agencies on aging for those areas, and to provide assurances that the State agency will take into account, in matters of general policy, the views of recipients of services under the State plan. 3 FORD LIBRARY & GERALD The revised section 304 (b) of the Older Americans Act of 1965 would specify the entities eligible to be designated area agencies on aging. The revised section 304 (c) of the Older Americans Act of 1965 would specify the provisions which must be included in an area plan to be approved by the State agency. Among other things, the plan must provide for the establishment of a coordinated system for the delivery of social services and for the initiation, expansion, or improvement of social services. The revised section 305 (a) of the Older Americans Act of 1965 would prescribe the requirements applicable to a State plan. Among other things, an approvable plan must (1) provide that the State agency will determine the need for social services within the State, (2) provide that the State agency will make reports required by the Secretary, (3) provide that the State agency will conduct periodic evaluations of the activities carried out under the State plan, (4) establish objectives toward which such activities will be directed, identify obstacles to the attainment of those objectives, and indicate how it proposes to overcome those obstacles, (5) pro- vide that where an individual is able to participate in the 4 FORD & LIBRARY CERALD cost of services provided him under the State plan, such participation will be in accordance with regulations of the Secretary, and (6) provide that the State agency will review and approve area plans which meet the criteria of section 304 (c). Subsections (b), (c), (d), and (e) of section 305 of the Older Americans Act of 1965, as it would be amended by section 2 of this bill, would provide the procedures to be followed by the Secretary when approving or disapproving a State plan, and the appeal procedures to be followed when a State plan has been disapproved. The revised section 306 (a) of the Older Americans Act of 1965 specifies the portion of a State's allotment which must be used for the various activities under the State plan, and the matching rate for each of those activities. The Federal matching rate for social services provided under an area plan would be not more than 90 percent of the cost, while in areas without an area plan the rate would decline from 75 percent for the first year of a project to not more than 50 percent the third year. The Federal matching rate for all planning and administrative activities would be not more than 75 percent of the cost, and each State would have available 5 FORD LIBRARY & GERALD 15 percent of its allotment, but not less than $100,000 (or $50,000 in the case of the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands) to be used only for State planning and administration. Finally, not more than 20 percent of a State's allotment may be spent for services in areas without an area plan, and not more than 15 percent of its allotment could be spent for area administra- tive activities. The revised section 306 (b) of the Older Americans Act of 1965 provides for payments to the State and allows the Secretary to pay funds for State planning to States without an approved State plan. It also allows the Secretary, during the period ending one year after the date of enactment of this bill, to pay to a State which does not have a State plan approved under the revised section 305 such amounts as he deems appropriate for the purpose of continuing Federal financial assistance for activities assisted under the plan of such State approved under section 303 of the Older Americans Act prior to enactment of this bill. The revised section 306 (c) of the Older Americans Act of 1965 would limit to three years the period of time during which the cost of a project or program for providing a social 6 FORD LIBRARY & GERALD service or the cost of administration of an area plan may be met in part from a State's allotment under section 303. The revised section 306 (d) of the Older Americans Act of 1965 would require that not less than 25 percent of the non-Federal share of expenditures under the State plan for each fiscal year must be met from public sources. The revised section 306 (e) of the Older Americans Act of 1965 would provide that if for any fiscal year a State reduces its expenditures from State sources under the State plan from the preceding fiscal year its allotment under section 303 would be reduced by a percent equal to the percent of the State reduction. The revised section 307 of the Older Americans Act of 1965 would give the Secretary authority to make grants to or contracts with any public or nonprofit private agency or organization for paying part or all of the cost of developing or operating statewide, regional, metropolitan area, county, city, or community model projects which will promote the well being of older persons. The revised section 308 of the Older Americans Act authorizes surplus food commodities to be donated to public or nonprofit private agencies or organizations to be used for providing nutritional services under title III. 7 FORD i LIBRARY GERALD Section 3 of the bill would amend title VII of the Older Americans Act of 1965 by revising the surplus food commodities provision to make it identical to the one which would be in title III. Section 4 of the bill would amend section 705 (a) of the Older Americans Act of 1965 to require that the State plan provide that, wherever possible, nutrition projects assisted under title VII be made a part of the coordinated systems which would be established under the revised title III. Section 5 of the bill would amend section 705 (a) (2) (B) of the Older Americans Act of 1965 to provide that for the fiscal years beginning with July 1, 1973, funds allotted to a State for State planning under title III be used for the administration of the State plan submitted under title VII. Section 6 of the bill would amend title VIII of the Older Americans Act of 1965 by deleting section 803, which had imposed a limitation on the authorization of appropriations for titles IV and V. Section 7 of the bill would amend section 804 of the Older Americans Act of 1965 (relating to funds for evaluation) to make a conforming change. 8 FORD LIBRARY & GERALD Section 8 of the bill would amend title V of the Older Americans Act of 1965 by deleting section 503. The study authorized by that section has been completed. Section 9 of the bill would amend the various sections of the Act to conform to the restructuring of title III. Section 10 of the bill would make the amendments to section 305 of the Older Americans Act of 1965 effective for fiscal years beginning after June 30, 1973. This provision would thereby permit continuation of grants and contracts made pursuant to section 305 prior to enactment of this bill. FORD LIBRARY & GERALD A BILL To provide for the continuation of programs authorized under the Older Americans Act of 1965, and for other purposes. Be it enacted by the Senate and House of Representa- tives of the United States of America in Congress assembled, That this Act may be cited as the "Older Americans Amend- ments of 1973". REVISION OF TITLE III Sec. 2. Title III of the Older Americans Act of 1965 is amended to read as follows: "TITLE III - GRANTS FOR STATE AND AREA PROGRAMS "Sec. 301. It is the purpose of this title to encourage and assist State or local agencies to develop greater capacity and foster the development of coordinated service systems to serve older persons by entering into new cooperative arrangements with each other and with providers of social services for planning for the provision of, and providing, social services and, where necessary, to reorganize or reassign functions, in order to-- "(1) secure and maintain maximum independence FORD LIBRARY & GERALD -2- and dignity in a home environment for older persons capable of self-care with appropriate supportive services and for whom economic independence is not feasible; and "(2) remove individual and social barriers to economic and personal independence for older persons capable of self-support. "DEFINITIONS "Sec. 302. For purposes of this title-- "(1) The term 'social services' means any of the following services which meet such standards as the Secretary may prescribe: "(A) health, continuing education, welfare, nutritional, informational, recreational, homemaker, counseling, or referral services; "(B) transportation services where necessary to facilitate access to social services; " (c) services designed to encourage and assist older persons to use the facilities and services available to them; GERALD FORD LIBRARY & -3- " (D) services designed to assist older persons to obtain adequate housing; or "(E) any other services; if such services are necessary for the general welfare of older persons. . (2) The term 'unit of general purpose local government' means (A) a political subdivision of the State whose authority is broad and general and is not limited to only one function or a combination of related functions, or (B) an Indian tribal organization. "(3) The term 'coordinated system' means a system for providing social services in a mannèr designed to-- "(A) facilitate accessibility to and utilization of all social services provided within the geographic area served by such system by any public or private agency or organization; = (B) make the most efficient use of social services in meeting the needs of older persons; and " (C) use available resources efficiently and with a minimum of duplication. FORD LIBRARY & GERALD -4- " (4) The term 'Governor' means the Governor of the State, in the case of any of the fifty States, and, in the case of the other States, the chief executive officer thereof. "ALLOTMENTS "Sec. 303. (a) (1) From the sum appropriated for a fiscal year for allotments under this section, the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands each shall be allotted an amount equal to one-half of 1 per centum of such sum and each other State shall be allotted an amount equal to 1 per centum of such sum. "(2) From the remainder of the sum appropriated for a fiscal year for allotments under this section, each State shall be allotted an additional amount which bears the same ratio to such remainder as the number of individuals in such State who have attained age sixty-five bears to the total number of individuals in all the States who have attained such age, as determined by the Secretary on the basis of the most recent satisfactory data available to him. -5- FORD & LIBRARY GERALD " (b) Whenever the Secretary determines that any amount allotted to a State for a fiscal year under this section will not be used by such State for carrying out the purpose for which the allotment was made during the period such allotment is available therefore, he may make such amount available for carrying out such purpose to one or more other States to the extent he determines such other States will be able to use such additional amount for carrying out such purpose within such period. Any amount made available to a State from an appropriation for a fiscal year pursuant to the preceding sentence shall, for purposes of this title, be regarded as part of such State's allot- ment (as determined under the preceding provisions of this section) for such year. "(c) The allotment of a State under this section for a fiscal year shall remain available until the close of the following fiscal year for grants to pay part of the cost (pursuant to section 306) of (1) administration of the State plan by the State agency designated pursuant to section 304 (a) (1), including the preparation of State plans submitted to the Secretary under section 305, the evaluation of activities carried out under such plan, the collection of FORD LIBRARY & GERALD -6- data and the carrying out of research related to the need for social services within the State, the dissemination of information so obtained, the provision of technical assistance to public or nonprofit private agencies and organizations engaged in activities related to the problems of older persons, and the carrying out of demonstration projects of statewide significance relating to the initiation, expansion, or improvement of social services; (2) administration of area plans by area agencies on aging designated pursuant to section 304 (a) (3), including the preparation of area plans on aging consistent with section 304 (c) and the evaluation of activities carried out under such plans; and (3) social services provided under the State plan. "ORGANIZATION "State Organization "Sec. 304. (a) In order for a State to be eligible to participate in the program of grants to States from allotments under section 303, the Governor of the State shall, in accordance with regulations of the Secretary-- " (1) designate a State agency (hereinafter in FORD & LIBRARY GERALD -7- this title referred to as 'the State agency') to (A) develop the State plan to be submitted to the Secretary for approval under section 305, (B) administer the State plan within such State, (c) be primarily responsible for the coordination of all State activities related to the purposes of this Act, and (D) review and comment on, at the request of any Federal department or agency, any application from any agency or organization within such State to such Federal department or agency for assistance related to meeting the needs of older persons; "(2) divide the entire State into distinct areas (hereinafter in this title referred to as 'planning and service areas'), after considering the incidence of the need for social services, the distribution of resources available to provide such services, the boundaries of existing areas within the State which have been delineated or established by the State for the purposes of planning and development, the location of units of general purpose local government within the State, and any other relevant factors; FORD LIBRARY & GERALD -8- " (3) determine for which planning and service areas an area plan will be developed, in accordance with subsection (c) of this section, and for each such area designate, after consideration of the views offered by the unit or units of general purpose local government in such area, a public or nonprofit private agency or organization as the area agency on aging for such area; and " (4) provide assurances satisfactory to the Secretary that the State agency will take into account, in connection with matters of general policy arising in the development and administration of the State plan for any fiscal year, the views of recipients of social services provided under such plan. "Area Organization " (b) In order to be eligible for designation under subsection (a), an area agency on aging-- "(1) must be-- " (A) an office or agency designated by the chief elected official or officials of a combination of units of general purpose local FORD LIBRARY & GERALD -9- government to act on behalf of such combination for this purpose, " (B) an office or agency of a unit of general purpose local government which is designated for this purpose by the chief elected official or officials of such unit, or . (c) a public or nonprofit private agency which is under the supervision or direction for this purpose of the designated State agency and which can engage in the planning or provision of a broad range of social services within a planning and service area, and " (2) must provide assurance, found adequate by the Governor, that it will have the ability to develop an area plan and to carry out, directly or through contractual or other arrangements, a program pursuant to that plan within the planning and service area. The Governor may designate an agency described in clause (1) (C) of this subsection for a planning and service area only if he finds that no office or agency described in clause (1) (A) or (B) for the planning and service area will have the capacity to carry out the area plan. FORD LIBRARY & GERALD -10- "Area Plans "(c) In order to be approved by the State agency, an area plan for a planning and service area shall be developed by the area agency on aging designated with respect to such area under subsection (a) and shall-- "(1) " provide for the establishment of a coordinated system for the delivery of social services within the planning and service area covered by the plan, including determining the need for social services in such area, evaluating the effectiveness of the use of resources in meeting such need, and entering into agreements with providers of social services in such area, for the provision of such services to meet such need; "(2) in accordance with criteria, established by the Secretary by regulation, relating to priorities, provide for the initiation, expansion, or improvement of social services in the planning and service area covered by the area plan, including planning on a continuing basis with providers of social services in such area to insure the provision, when financial FORD LIBRARY & GERALD -11- assistance therefor under this title is no longer available, of such services without such assistance; "(3) provide that the area agency on aging will-- "(A) " conduct periodic evaluations of activities carried out pursuant to the area plan; "(B) = render appropriate technical assist- ance to providers of social services in the planning and service area covered by the area plan; and " (C) take into account, in connection with matters of general policy arising in the develop- ment and administration of the area plan, the views of recipients of services under such plan; and " (4) specify the activities in the planning and service area covered by the area plan which were assisted with funds made available under title III of this Act prior to enactment of the Older Americans Comprehensive Services Amendments of 1973 and specify each of such activities (A) which will not continue to receive assistance under the area plan, and (B) which will continue to receive assistance under FORD LIBRARY & GERALD -12- the area plan. "STATE PLANS "Sec. 305. (a) In order for a State to be eligible for grants for a fiscal year from its allotment under section 303, except as provided in section 306 (b), it shall submit to the Secretary a State plan for such year which meets such criteria as the Secretary may prescribe by regulation and which-- "(1) provides that the State agency will evaluate the need for social services within the State and determine the extent to which existing public or private programs meet such need; "(2) provides for the use of 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, or compensation of an individual employed in accordance with such methods) as are necessary for the proper and efficient administration of the plan; -13- FORD is LIBRARY GERALD " (3) provides that the State agency will make such reports, in such form, and containing such information, as the Secretary may from time to time require, and comply with such requirements as the Secretary may impose to assure the correctness of such reports; "(4) provides that the State agency will conduct periodic evaluations of activities and projects carried out under the State plan; "(5) establishes objectives, consistent with the purposes of this title, toward which activities under the plan will be directed, identifies obstacles to the attainment of those objectives, and indicates how it proposes to overcome those obstacles; " (6) provides, in any case in which an individual is able to participate in the cost of social services provided to him under the State plan, for such participation (in accordance with regulations pre- scribed by the Secretary in the light of such ability); "(7) provides that no social service will be provided by the State agency or an area agency on FORD & LIBRARY -14- aging, except where, in the judgment of the State agency, (A) provision of such service by the State agency or an area agency on aging is necessary to assure an adequate supply of such service and (B) payment for such service is not available from other sources; " (8) provides that each area agency on aging designated pursuant to section 304 (a) (3) will develop and submit to the State agency for approval an area plan which complies with section 304 (c); and " (9) specifies the activities in the State which were assisted with sums made available under title III of this Act prior to enactment of the Older Americans Comprehensive Services Amendments of 1973 and specifies each of such activities (A) which will not continue to receive assistance under the State plan submitted pursuant to this section, and (B) which will continue to receive assistance under the State plan submitted pursuant to this section. " (b) The Secretary shall approve any State plan which he finds fulfills the requirements of subsection (a) of this section. FORD LIBRARY i -15- " (c) The Secretary shall not finally disapprove any State plan, or any modification thereof, or make a final determination that a State is ineligible under section 304, without first affording the State reasonable notice and opportunity for a hearing. " (d) Whenever the Secretary, after reasonable notice and opportunity for hearing to the State agency, finds that-- " (1) the State is no longer eligible under section 304, " (2) the State plan has been so changed that it no longer complies with the provisions of subsection (a), or " (3) 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 from its allotment under section 303 will be made to the State (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 GERALD FORD LIBRARY y -16- comply. Until he is so satisfied, no further payments shall be made to such State from its allotment under this title (or payments shall be limited to projects under or portions of the State plan not affected by such failure). " (e) A State which is dissatisfied with a final action of the Secretary under subsection (b), (c), or (d) 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 him for that purpose. The Secretary there- upon 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 Codes. Upon the filing of such petition, the court 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, FORD is LIBRARY GERALD -17- 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 sub- stantial 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. "PAYMENTS "Sec. 306. (a) From a State's allotment under section 303 for a fiscal year-- "(1) an amount equal to 15 per centum thereof (but not less than $50,000 in the case of the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands, or $100,000 in the case of FORD LIBRARY & GERALD -18- any other State) shall be available only for paying such percentage as the State agency determines, but not more than 75 per centum, of the cost of administration of the State plan; and "(2) such amount as the State agency determines, but not more than 15 per centum thereof, shall be available for paying such percentage as such agency determines, but not more than 75 per centum, of the cost of administration of area plans. The remainder of such allotment shall be available to such State only for paying-- "(3) such percentage as the Secretary determines, but not more than 90 per centum, of the cost of social services provided under a program or project approved by the area agency on aging in a planning and service area for which there is an area plan approved by the State agency, and " (4) in the case of social services provided under a program or project approved by the State agency under the State plan in a planning and service area for which there is no area plan approved by the FORD LIBRARY & CERALD -19- State agency, such percentage as such agency deter- mines, but not more than 75 per centum of the cost of such services for the first year they are so provided, not more than 60 per centum of such cost for the second year they are so provided, and not more than 50 per centum of the cost of such services for the third year they are so provided, except that not more than 20 per centum of an allotment to a State under section 303 for a fiscal year shall be available for payments for social services provided in a planning and service area for which there is no area plan approved by the State agency. "(b) Payments of grants or contracts under this title may be made (after necessary adjustments on account of previously made overpayments or underpayments) in advance or by way of reimbursement, and in such installments, as the Secretary may determine. From the portion of a State's allotment for a fiscal year which is available pursuant to subsection (a) (1), the Secretary may pay to a State which does not have a State plan approved under section 305 such GERALD R. LIBRARY FORD -20- amounts as he deems appropriate for the purpose of assisting such State in developing a State plan. From a State's allotment for a fiscal year which is available pursuant to section 303, the Secretary may, during the period ending one year after the date of enactment of the Older Americans Comprehensive Services Amendments of 1973, pay, in accord- ance with such regulations as he may prescribe, to a State which does not have a State plan approved under section 305, such amounts as he deems appropriate for the purpose of continuing Federal financial assistance for activities assisted under the plan of such State approved under section 303 of this Act prior to enactment of the Older Americans Comprehensive Services Amendments of 1973. "(c) No allotment to a State under this title shall be available for making payments with respect to any program or project for providing social services under a State plan approved under section 305 after payments have been made from such allotments with respect to such program or project for a period of time equal to three calendar years. No allotment to a State under this title shall be available for making payments with respect to the administration of an area plan approved under section 305 (a) (8) after payments have been made from such allotments with respect to the -21- FORD LIBRARY in GERALD administration of such plan for a period of time equal to three calendar years. " (d) Not less than 25 per centum of the non-Federal share (pursuant to subsection (a) of this section) of the total expenditures under a State plan approved under this Act for any fiscal year shall be met from funds from State or local public sources. For the purposes of the preceding sentence, fees charged by a State or local public agency for services provided under a State plan approved under this Act shall not be considered funds from State or local public sources. "(e) A State's allotment under section 303 for a fiscal year shall be reduced by the percentage (if any) by which its expenditures for such year from State sources under its State plan approved under section 305 are less than its expenditures from such sources for the preceding fiscal year. "MODEL PROJECTS "Sec. 307. The Secretary may, after consultation with the State agency, or the Governor of the State where inere is no State agency, make grants to " WILLS. any public or nonprofit private agency or organization within such State for paying part or all of the cost of developing of operating statewide, regional metropolitan area, county, city, or community model projects which will expand or improve FORD LIBRARY & GERALD -22- social services or otherwise promote the well-being of older persons. "AVAILABILITY OF SURPLUS COMMODITIES "Sec. 308. Agricultural commodities and products purchased by the Secretary of Agriculture under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c) may be donated to public or nonprofit private agencies or organizations to be used for providing nutritional services in accord- ance with the provisions of this title." AVAILABILITY OF SURPLUS COMMODITIES UNDER TITLE VII Sec. 3. Section 707 of the Older Americans Act of 1965 is amended to read as follows: "AVAILABILITY OF SURPLUS COMMODITIES "Sec. 707. Agricultural commodities and products purchased by the Secretary of Agriculture under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c) may be donated to a recipient of a grant or contract to be used for providing nutritional services in accordance with the provisions of this title." -23- COORDINATION OF TITLE III AND TITLE VII GERALD R. LIBRARY FORD Sec. 4. Section 705 (a) of the Older Americans Act of 1965 is amended by adding at the end thereof the following new paragraph: "(5) provide that, wherever possible, nutrition projects assisted under this title shall be made a part of the coordinated systems established under title III of this Act." STATE PLANNING UNDER TITLE VII Sec. 5. Section 705 (a) (2) (B) of the Older Americans Act of 1965 is amended by inserting "for the fiscal year ending June 30, 1973," following "administrative cost,"; by striking out "any fiscal year" and inserting in lieu thereof "such fiscal year"; and by adding at the end of the first sentence thereof the following sentence: "For the fiscal years ending after June 30, 1973, funds allotted to a State for State planning and administration pursuant to section 306 of this Act may be used for the administration of the State plan submitted pursuant to this section, except that wherever the Governor of the State designates an agency other than the agency designated under section 304 (a) (1) of this Act, then the Secretary shall determine that portion -24- GERALD R LISERAY TORO of a State's allotment under section 306 which shall be available to the agency designated under section 705 (a) (1) for planning and administration." REPEAL OF LIMITATION ON APPROPRIATIONS AUTHORIZATION Sec. 6. Title VIII of the Older Americans Act of 1965 is amended by striking out section 803 thereof and redesignating sections 804 and 805 as sections 803 and 804, respectively. EVALUATION Sec. 7. The section redesignated as section 803 of the Older Americans Act of 1965 by section 6 of this Act is amended by striking out "or VI or section 803" and inserting in lieu thereof ",IV, or V". REPEAL OF STUDY AUTHORIZATION Sec. 8. Title V of the Older Americans Act of 1965 is amended by striking out section 503 thereof. CONFORMING AMENDMENTS Sec. 9. The Older Americans Act of 1965 is further amended by striking out -- (1) "303" in section 402 (c) and inserting in lieu thereof "304"; (2) "303" in section 502 (c) and inserting in lieu thereof "304"; -25- FORD LIBRARY is (3) "303" in the first sentence of section 601 (a) and inserting in lieu thereof "304"; (4) "303" in section 601 (c) and inserting in lieu thereof "304"; (5) "303" in section 612 (a) (2) (A) and inserting in lieu thereof "304"; (6) "303" in section 612 (a) (3) (c) and inserting in lieu thereof "304"; (7) "303" the first time it appears in the first sentence of section 705 (a) and inserting in lieu thereof "304" and "303" the second time it appears in such sentence and inserting in lieu thereof "305"; and (8) "303" in section 705 (a) (1) and inserting in lieu thereof "304". EFFECTIVE DATE OF AMENDMENTS TO SECTION 305 Sec. 10. The amendments made by this Act shall become effective upon enactment, except that the provisions of section 305 of the Older Americans Act of 1965, as effective prior to such enactment, shall remain effective with respect to appropriations made prior to July 1, 1973, which are available for projects assisted under such section. FOR RELEASE ONLY UPON DELIVERY DEPART INVOICE E RIMENT OF OF NOTIV CARE DEPARTMENT OF HEALTH. EDUCATION, AND WELFARE USA GERALD R. FORD STATEMENT OF STEPHEN KURZMAN ASSISTANT SECRETARY FOR LEGISLATION BEFORE THE SELECT SUBCOMMITTEE ON EDUCATION OF THE COMMITTEE ON EDUCATION AND LABOR UNITED STATES HOUSE OF REPRESENTATIVES Thursday, February 8, 1973 FORD LIBRARY & GERALD It is a pleasure to appear before this Subcommittee to discuss the extension of the Older Americans Act of 1965. My remarks will be particularly directed to H.R. 15657, the bill vetoed by the President. Of course, they also apply to H.R. 71, which is identical to H.R. 15657. These bills contain much of the restructuring of Title III, the basic State formula grant program, which was proposed by the Administration in 1972. It is clear that both the Administration and the Congress share a common objective, providing needed services to older Americans. With this shared objective in mind, Mr. Chairman, I will now turn to specific comments on H.R. 15657. Authorization Levels The excessive authorization levels in H.R. 15657 were a major reason for the veto of the bill, and provide yet another illustration of the expectations gap. For example, the authorization for the Title III program is higher than anything the Executive Branch could in good conscience request and higher than anything that the 2. FORD LIBRARY & GERALD Appropriation Committees and the Congress would be willing to provide. The result is that hopes would have been raised by an unrealistic authorization, only to be dashed by the reality of the actual appropriation. We want to avoid this expectations gap. That is why the Administration has preferred language authorizing the appropriation of "such sums as may be necessary". Title II - Organizational Provisions H.R. 15657 would have legislated a highly undesirable organizational change in HEW. The bill would have moved the Administration on Aging (AOA) from the Social and Rehabilitation Service to the Office of the Secretary. It would also have placed authority for carrying out AOA's responsibilities under the Act with the Commissioner on Aging, rather than the Secretary. The Commissioner would have been prohibited from delegating any of his statutory responsibilities to an officer not directly responsible to him, unless he first submitted a delegation plan to Congress which neither House disapproved within 30 days. 3. FORD LIBRARY & 9ERALD The Administration made its views very clear on this issue when Secretary Richardson appeared before this subcommittee last year. The fragmentation of authority and accountability proposed by the organizational provisions of H. R. 15657 would have seriously impeded the Secretary's authority to organize and manage the Department and its many programs affecting our elderly population. For example, the Social Security Administration administers many billions of dollars worth of such programs. Under H.R. 15657, the Secretary would have lost the authority to coordinate social security programs with those authorized by the Older Americans Act. Titles IX and X -- Manpower Titles H.R. 15657 would have added two manpower Titles to the Older Americans Act: -- Title IX would have provided community service employment for low-income persons aged 55 years of age or older through a program to be administered by the Department of Labor. 4. GERALD R. LIGRATY FORD -- Title X would have provided authority for develop- ing manpower training programs and for establishing other services to increase opportunities for middle- aged and older workers. This authority too would have been administered by the Department of Labor. As you know, the addition of these Titles was opposed by the Department of Labor and was cited as a major reason for the President's disapproval of H. R. 15657. We believe that the activities contemplated by Titles IX and X could better be accomplished through the Administration's proposal for Manpower Revenue Sharing than through the narrow categorical approach which these Titles represent. Objectional Programs and Functions H.R. 15657 would also have established a number of categorical programs and duplicative functions opposed by the Administration. In brief, these include: 5, Title II - Federal Advisory Council on Aging GERALD FORD LIBRARY The proposed Federal Advisory Council on Aging would report directly to the President, replacing the existing Older Americans Advisory Committee which reports to the HEW Secretary. We believe that the Advisory Committee function is appropriately placed, as it is now, within HEW because this Depart- ment has responsibility for the largest number of aging programs. Moreover, while we appreciate the desire to strengthen the advisory committee function, we believe that the approach taken by H.R. 15657 is unnecessary in light of Secretary Richardson's actions last year which expanded the role and capacity of the existing Advisory Committee on Older Americans. As you know, the Committee is now staffed by Office of the Secretary personnel and reports directly to the Secretary, advising him on ways 6. FORD LIBRARY & 03RALD in which the vast resources of the Department may be marshalled and coordinated to deal more effectively with the problems of the elderly. We believe this action has effectively strengthened the Advisory Committee on Older Americans. On the other hand, the membership structure, the excessive number of reports and studies and the investigative function provided for the Federal Council in H. R. 15657, would have been administratively unwieldly and have overlapped duties that are now being performed elsewhere. Title IV A -- Training The Administration opposed this program as part of a broader strategy to move away from categorical training programs funded through grants to institutions, and toward more direct assistance to students. As part of this strategy, the 1974 budget proposes substantially 7. increased funding for general programs of student LIBRARY & GERALD assistance, geared to need, in the form of grants and guaranteed loans. Title IV B -- Transportation Study and Demonstration Projects The special provision for a study of the transportation needs of the elderly and for demonstrations of special transportation services would have overlapped an existing authority in the Act as well as an authority which would have been provided under Title III of H. R. 15657. The existing research and demonstration authority permits the funding of such projects, and there are joint projects now underway with the Department of Transportation, which has the basic responsibility in this area. The Model Projects part of Title III in H. R. 15657 would have permitted projects to be undertaken in the area of trans - portation. Since overlapping and duplicative authorities merely lead to administrative problems in program operation, the Administration opposed this additional provision on transportation. 8, FORD LIBRARY & GERALD Title IV C -- Multidisciplinary Centers of Gerontology The proposed new program of grants for the support of Multidisciplinary Centers of Gerontology would. have been a significant new long-term commitment of Federal resources. The effect would have been to concentrate the R&D activities authorized by the Older Americans Act in a relatively few universities. The Administration has been opposed to such concentration. Title V - Senior Center Construction and Staffing H.R. 15657 would have added a new Title V to the Older Americans Act to provide for the alteration, renovation, acquisition, or construction of multipurpose Senior Centers, as well as for mortgage insurance and grant authorization for. the staffing of such centers. We agree that such centers could provide a central location where a mix of services could be provided to older persons in a given community or neighborhood, and we have encouraged such use of existing facilities for the comprehensive service 9. FORD LIBRARY & GERALD programs under Title III. However, research findings have indicated that there is no sure evidence that such centers reach the isolated elderly who are most in need of social services. Improved service delivery is our principle goal, not simply more bricks and mortar. The Administration opposed a new categorical program for construction, which would only serve to direct attention and resources away from the principle objective -- coordinated and effective delivery of needed services. Title VIII -- - - Amendments to Other Acts H.R. 15657 would have amended several education statutes administered by the Department. These include the Library Services and Construction Act, the Higher Education Act of 1965, and the Adult Education Act. In each instance, a new categorical program would have been established for providing the elderly with the services authorized under the amended Act. 10. The new programs authorized by the amendments to FORD LIBRARY & GERALD the education Acts were among the categorical programs referred to in the President's message of disapproval. Many of the activities authorized by these amendments could be carried out under the Special Revenue Sharing proposals which the President referred to in his budget message last week. Title III - State and Area Planning and Services Finally, I would like to discuss briefly Title III, the basic State formula grant program. We were pleased to see that the Congress adopted the basic approach to the Title III program proposed last year by the Administration. Although we were prepared to accept most of the Congressional changes made in that proposal, we did question certain changes in it which we believe would limit the effectiveness of our Title III strategy. In particular, H. R. 15657 did not adopt the three-year limit on Federal funding of services projects and sub-State agencies under Title III which had been proposed by the Administration. The bill, in effect, would therefore have provided permanent Federal funding 11, rather than having States and localities assume financial responsi- bility for aging programs after an initial period of Federal assistance. FORD is LIBRARY 9ERALD In contrast, the time limitation favored by the Administration would allow new funds to be channeled to new programs and agencies at the end of three years. A time limit on Federal support for sub-State agencies and services provided under Area Plans was a central feature of the entire Title III program strategy. Overview Having discussed the differences between the Administration's view and that of the Congress as expressed in H. R. 15657, I think it would be beneficial to review some of the things we have accomplished together to improve the lives of the elderly. The Older Americans Act programs are a sigmificant segment of the Administration's comprehensive strategy to enhance the dignity and independence of older Americans. The success of that 12. FORD LIBRARY comprehensive strategy to date is due in large part to the mutual interest of the Executive Branch and the Congress in improving the lives of older persons. At this point, Mr. Chairman, I would like to submit for the record a table prepared by OMB which provides an overview of benefits paid to the Nation's elderly. Some of these benefits result from recent action. For example, as a result of legislation enacted in the 92nd Congress: -- Nearly 4 million widows and widowers are receiving larger social security benefits -- the full 100 percent of what was payable to the individual's late husband or wife. This will mean more than $1 billion in additional income for these deserving people in the next fiscal year. -- Over a million and a half older Americans who are now working can earn more income without having their benefits reduced. 13. FORD is LIBRARY 970839 -- Millions of older Americans who formerly lived in poverty will be helped by a new Federal floor under their income -- a monthly minimum of $130 for an individual and $195 for a couple. Free from the inequities and red tape which plague the present system, this program, to be administered by the Social Security Administration, will channel an estimated $1 billion in the next fiscal year to the aged, blind and disabled. For millions of older people, this can mean a significant step away from poverty and toward a life of dignity and independence. -- Special minimum social security benefits of $170 per month are being paid to 150, 000 older persons who worked for long years at low wages at jobs that were not previously covered by social security. 14. -- Medicare coverage has been extended to cover FOR FO & LIBRARY GERALD 100 percent instead of 80 percent of home health services, to cover more of the cost of nursing home. care, to pay for services formerly not covered, and to assist disabled Americans of all ages. Moreover, in the last four years social security benefits have gone up 51 percent. That is the largest and most rapid increase in history. The important thing is not only that benefits have been brought up to date, but also that they now can be kept up to date. This is a result of the automatic cost-of-living increase provisions which President Nixon advocated for many years and which finally became law last summer. Social security, in short, is now "inflation proof. " Payments that keep pace with the cost of living are no longer something that older couples have to battle for year after year. 15. FORD & LIBRARY GERALD In addition, the economic policy of the Administration to fight inflation has benefited the aged more than any other group since inflation has been a particularly cruel drain on their relatively fixed incomes. Since 1969, the rate of inflation has been cut almost in half. In the area of medical care prices, inflation has been cut by nearly two-thirds - an achievement which is particularly important to older people because they spend more than three times as much per capita on health care as do younger people. Finally, a problem which is of critical concern for older Americans -- and for this Administration -- is the quality of our nursing homes. Many of them are doing a good job, but too many have been below reasonable and decent standards. In 1971, the President launched a new eight-point action plan to change this situation. The Social Security Amendments of 1972 permit the hiring and training of 2, 000 inspectors to enforce strict regulations. And Federal efforts to make all nursing homes better places have been substantially expanded. 16. GERALD LIBRARY R. FORD Conclusion In conclusion, I hope that we can work together to produce a bill that will improve the capacity of the Older Americans Act to meet the needs of the elderly. Our interests are the same - building a system that provides the services needed by older persons in the way that best meets those needs. Thank you for the opportunity to testify. I will be glad to answer any questions that you may have. AMENDMENT TO H.R. 71 TO PROVIDE AUTHORITY FOR REGULATING FEES CHARGED BY PROVIDERS OF SERVICES On page 30, insert following line 18: FORD & LIBRARY GERALD " (10) provides, in any case in which an individual is able to participate in the cost of social services provided to him under the State plan, for such participation (in accordance with regulations prescribed by the Secretary in the light of such ability). Explanation: This Amendment would provide authority to charge fees for services based upon ability to pay. This change is in keeping with the Administration's policy of focussing free services on the poorest recipients. BERALD R. LLBRARY FORD AMENDMENT TO H.R. 71 TO SIMPLIFY AUTHORITY TO MAKE GRANTS FOR MODEL PROJECTS FORD LIBRARY & GERALD On page 37 * line 2, strike out everything through page 39, line 20, and insert in lieu thereof the following: "Sec. 308.(a) The Secretary may, after consultation with the State agency, or the Governor of the State where there is no State agency, make grants to or contracts with any public of nonprofit private agency or organization within such State for paying part or all of the cost of developing or operating statewide, regional, metropolitan area, county, city, or community model projects which will expand or improve social services or otherwise promote the well-being of older persons. Section 308(a) now specifies a series of projects that have to receive special consideration for grants. The Administration would prefer to maintain the managerial flexibility of the current law, which provides a general authority to make grants. FORD LIBRARY & GERALD AMENDMENT TO H.R. 71 TO DELETE AUTHORITY FOR THE NATIONAL INFORMATION AND RESOURCE CLEARING HOUSE FOR THE AGING On page 7, line 10, strike out everything GERALD-R FORD LIBRARY through page 8, line 24. Explanation: This authority should be deleted because it would overlap existing authority and is therefore unnecessary to achieve its purpose. GERALD R. LIBRARY FORD FORD LIBRARY is AMENDMENT TO H.R. 71 TO DELETE LIMITATIONS ON APPROPRIATIONS AUTHORIZATIONS On page 19, line 12, strike out everything through line 14, and insert in lieu thereof the following: such sums as may be necessary to On page 33, line 15, strike out everything through line 17, and insert in lieu thereof the following: ated such sums as may be necessary to enable the Secretary to On page 39, line 22, strike out everything through line 25, and insert in lieu thereof the following: are authorized to be appropriated such sums an may be necessary." On page 50, line 14, strike out everything through page 51, line 2. Explanation: FORD LIBRARY is The excessive authorization levels in H.R. 15657 were a major reason for veto of the bill. Although the authorizations in H.R. 71 are lower than those in the vetoed bill, they are still higher than anything the Executive Branch could, in good conscience, request, and higher than anything the Congress would appropriate. The Administration feels that authorizations of "such sums as may be necessary" is a sounder managerial approach, and avoids the "expectation gap" that is created by excessive authorizations. In addition, benefits for the aged will reach the $37 billion level in FY 1974. This includes money payments (for example, social security) and in-kind benefits, but does not include the funds provided under services projects, such as those authorized under the Older Americans Act. AMENDMENT TO H.R. 71 TO DELETE AMENDMENTS TO OTHER ACTS FORD LIBRARY y GERALD On page 70, line 19, strike out everything through page 78, line 2. Explanation: This Amendment would remove from H. the modification of several education statutes administered by HEW. These include the Library Services and Construction Act, the Higher Education Act of 1965, and the Adult Education Act. In each instance, a new categorical program would have been established for providing the elderly with the services authorized under the amended Act. The new programs authorized by. H.R. 71's Amendments to the education Acts were among the categorical programs referred to in the President's veto message, and many of the activities which they authorize could be carried out under the Special Revenue Sharing proposals contemplated by the President's budget for FY 1974. GERALD R. LIBRARY FORD AMENDMENT TO H.R. 71 TO DELETE AUTHORITY FOR SUPPORT TO MULTIDISCIPLINARY CENTER OF GERONTOLOGY FORD & LIBRARY 076839 On page 48, line 20, strike out everything through page 50, line 13. Explanation: The proposed new programs of grants for the support of FORD is LIBRARY GERALD Multidisciplinary Centers of Gerontology would have been a significant new long-term commitment of Federal resources. Research and development activities would beconcentrated in a relatively few universities. The Administation opposes such concentration, and would prefer gerontdogical research to be performed, as it is at present, at theNational Institute of Child Health and Human Development. AMENDMENT TO H.R. 71 TO DELETE AUTHORITY FOR CONSTRUCTION OF AND MORTGAGE INSURANCE FOR MULTIPURPOSE SENIOR CENTERS On page 52, line 2, strike out everything through page 63, line 15. FORD LIBRARY & AMENDMENT TO H.R. 71 TO DELETE AUTHORITY FOR GRANTS FOR INITIAL STAFFING OF MULTIPURPOSE SENIOR CENTERS On page 63, line 16, strike out everything through page 64, line 18. SERALD R. LIBRARY FORD Explanation: The Administration opposes new categorical programs for construction and staffing. These programs only serve to direct attention and resources away from the principle objective, providing coordinated and effective delivery of needed services to the elderly. Research findings have indicated that there is no sure evidences that such centers reach the isolated elderly who are the most in need of social services. Our goal is improved services, not simply more buildings. FORD LIBRARY y SERVID AMENDMENT TO H.R. 71 TO TRANSFER THE RESPONSIBILITY FOR CARRYING OUT H.R. 71 FROM THE COMMISSIONER OF THE ADMINISTRATION ON AGING TO THE SECRETARY OF HEALTH, EDUCATION, AND WELFARE Strike out "Commissioner" and "Commissioner on Aging" wherever they appear in H.R. 71 following page 3, line 6, and insert in lieu thereof "Secretary". FORD LIBRARY & GERALD AMENDMENT TO H.R. 71 TO DELETE REQUIREMENT OF CONGRESSIONAL APPROVAL FOR DELEGATION OF FUNCTIONS UNDER H.R. 71 On page 3, line 10, strike out everything through page 4, line 2. GERALD R LIBRARY FORD AMENDMENT TO H.R. 71 TO DELETE THE LEGISLATIVE ESTABLISHMENT OF THE ADMINISTRATION ON AGING IN THE OFFICE OF THE SECRETARY On page 3, strike out lines 2 and 3, and insert in lieu thereof: "Sec. 201. (a) There is established within the Department of Health, Education, and Welfare an Administration on Aging (hereinafter in this FORD LIBRARY d 9ERALD Explanation: These Amendments, taken together, would remove from GERALD FORD i LIBRARY H.R. 71 highly undesirable organizational features. They would return authority for carrying out the provisions of H.R. 71 to the HEW Secretary, delete the statutory establish- ment of the Administration on Aging in the Office of the Secretary, delete the requirement. for Congressional approval of delegation of authority by the AoA Commissioner. These Amendments would restore the Secretary's authority to manage the -Department and the many programs affecting the Nation's elderly, many of which are not administered by the AoA. AMENDMENT TO H.R. 71 TO PROVIDE THREE YEAR LIMITATION ON FUNDING OF SOCIAL SERVICE PROJECTS AND AREA PLAN ADMINISTRATION On page 36, following line 24, insert the following: " (d) No allotment to a State under this title shall be available for making payments with respect to any program or project for providing social services under a State plan approved under section 305 after payments have been made from such allotments with respect to such program or project for a period of time equal to three calendar years. No allotment to a State under this title shall be available for making payments with respect to the administration of an. area plan approved under section 305 (a) (6) after payments have been made from such allotments with respect to the administration of such plan for a period of time equal to three calendar years. GERALD R. LIBRARY FORD AMENDMENT TO H.R. 71 TO PROVIDE FOR THREE YEAR DECLINING MATCH FOR SOCIAL SERVICE PROJECTS NOT FUNDED PURSUANT FORD & LIBRARY SERALD TO AN AREA PLAN On page 22, strike out lines 6 through 13 and insert in lieu thereof the following: 11 (2) in the case of social services provided under a program or project approved by the State agency under the State plan in a planning and service area for which there is no area plan approved by the State agency, such amount as the State agency determines, but not more than 20 per centum thereof, shall be available for paying such percentage as such agency determines, but not more than 75 per centum of the cost of such services for the first year they are so provided, not more than 60 per centum of such cost for the second year they are so provided, and not more than 50 per centum of the cost of such services for the third year they are so provided. Explanation: The declining Federal matching rate (75%, 60% and 50%) & FORD and the three-year limitation on funding of social service WORLD projects and area plan administration are an essential part LIBRARY of the Administration's Title III strategy. H.R. 71, on the other hand, would provide permanent Federal funding, rather than having States and localities assume financial responsibility for aging programs after an initial period of Federal financial assistance. The time limitation favored by the Administration would, in contrast, allow new funds to be channeled to new programs and new agencies at the end of three years. The declining Federal share would mean that the community would have to match at the three-year period, thus preparing each project and area to become self-sustaining. AMENDMENT TO H.R. 71 TO DELETE PROGRAMS FOR MIDDLE-AGED AND OLDER WORKERS TRAINING On page 89, line 1, strike out everything through page 103, line 24. FORD LIBRARY & AMENDMENT TO H.R. 71 TO DELETE OLDER AMERICAN COMMUNITY SERVICE EMPLOYMENT ACT On page 78, line 3, strike out everything through page 88, line 22. FORD LIBRARY & GERALD AMENDMENT TO H.R. 71 TO SIMPLIFY THE AUTHORITIES FOR DEVELOPMENT, RESEARCH AND TRAINING PROJECTS On page 40, line 2, strike out everything through page 48, line 19 and insert in lieu thereof: = PART A - RESERACH AND DEVELOPMENT PROJECTS FORD is LIBRARY GERALD "Project Grants "Sec. 401. The Secretary is authorized to carry out the purposes of this Act through grants to any public or nonprofit private agency, organization, or institution and contracts with any agency, organization, or institution or with any individual- # (a) to study current patterns and conditions of living of older persons and identify factors which are beneficial or detrimental to the wholesome and meaningful living of such persons; "(b) to develop or demonstrate new approaches, techniques, and methods (including multipurpose centers) which hold promise of substantial contribution toward wholesome and meaningful living for older persons; "(c) to develop or demonstrate approaches, methods, and techniques for achieveing or improving coordination of community services for older persons; --2-- 11 (d) to evaluate these approaches, techniques, and methods, as well as others which may assist older persons to enjoy wholesome and meaningful living and to continue to contribute to the strength and welfare of our Nation; B.FORD R. LIBRARY "(e) to collect and disseminate, through GERALD publications and other appropriate means, information concerning research findings, demonstration results, and materials developed in connection with activities assisted under this title; or 11 (f) to conduct conferences and other meetings for the purposes of facilitating exchange of infor- mation and stimulating new approaches with respect to activities related to the purposes of this title. PAYMENTS OF GRANTS 11 Sec. 402. (a) To the extent he deems it appropriate, the Secretary shall require the recipient of any grant or contract under this title to contribute money, facilities, or services for carrying out the project for which such grant or contract was made. -3- FORD LIBRARY & GERALD "(b) Payments under this title pursuant to a grant or contract may be made (after necessary adjustment, in the case of grants, on account of préviously made overpayments or underpayments) in advance or by way of reimbursement, and in such installments and on such conditions, as the Secretary may determine. If (c) The Secretary shall make no grant or contract under this title in any State which has established or designated a State agency for purposes of section 303 (a) (1) unless the Secretary has consulted with such State agency regarding such grant or contract. I! PART B - TRAINING PROJECTS Project Grants 11 Sec. 411. The Secretary is authorized to make grants to any public or nonprofit private agency, organization, or institution, and contracts with any agency, organization, or institution, for-- "(a) the specialized training of persons employed or preparing for employment in carrying out programs related to the purposes of this Act and the development of curriculums for such training; -4- FORD LIBRARY & GERALD "(b) the conduct of studies of the need for trained personnel to carry out such programs; "(c) the preparation and dissemination of materials, including audiovisual materials and printed materials, for use in recruitment and training of such personnel; "(d) the conduct of conferences and other meetings for the purposes of facilitating exchange of information and stimulating new approaches with respect to activities related to the purposes of this title; and "(e) the publication and distribution of infor- mation concerning studies, findings, and other materials developed in connection with activities under this title. "Payment of Grants "Sec. 412. (a) To the extent he deems it appropriate, the Secretary shall require the recipient of any grant or contract under this title to contribute money, facilities, or services for carrying out the project for which such grant or contract was made. -5- it (b) Payments under this title pursuant to a grant or contract may be made (after necessary adjustment, in FORD is LIBRARY 076839 the case of grants, on account of previously made over- payments or underpayments) in advance or by way of reimbursement, and in such installments and on such conditions, as the Secretary may determine. "(c) The Secretary shall make no grant or contract under this title in any State which has established or designated a State agency for purposes of section 303 (a) (1) unless the Secretary has consulted with such State agency regarding such grant or contract. "APPROPRIATIONS AUTHORIZATIONS "Sec. 413. There are authorized to be appropriated such sums as may be necessary for carrying out this Part and Part A of this title. 11 GERAID & FORD LIBRARY Title IV in H. R. 17 is divided into several project grant authorities that confuse the law and could make it difficult to administer. The proposed amendment would authorize one general project grant authority for training, and one general project grant authority for research and development, as is now in the existing law. C 93D CONGRESS HOUSE OF REPRESENTATIVES REPORT 1st Session No. 93-43 COMPREHENSIVE OLDER AMERICANS SERVICES AMENDMENTS OF 1973 MARCH 2, 1973.-Committed to the Committee of the Whole House on the State of the Union and ordered to be printed Mr. PERKINS, from the Committee on Education and Labor, submitted the following FORD REPORT & together with MINORITY VIEWS GERALD LIBRARY [To accompany H.R. 71] The Committee on Education and Labor, to whom was referred the bill (H.R. 71) to strengthen and improve the Older Americans Act of 1965, and for other purposes, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass. The amendment strikes out all after the enacting clause of the introduced bill and inserts a substitute text which appears in italic type in the reported bill. PURPOSE It is the purpose of H.R. 71 as amended to extend, strengthen and modify the grant programs authorized under the Older Americans Act of 1965 through Fiscal Year 1975. In addition H.R. 71 as amended seeks to: 1. Strengthen the role of the Administration on Aging as a focal point of Federal concern for older persons and upgrade its organization status; 2. Create a Federal Council on the Aging; 3. Strengthen State Agencies on Aging as the focal points in planning and developing service systems and area agencies for providing comprehensive coordinated, community-based services for the elderly; 90-716-73-1 3 2 FORD 4. Establish a National Information and Resource Clearing- older Americans. Last year more than one million older persons were house for the Aging, and develop a network of information and served by over 1,500 projects funded under Title III. LIBRARY referral sources in the States and communities; Services for independent living were offered in over 300 community 5. Provide authority to lease, renovate and construct multipur- programs during 1972. These programs were designed to maintain pose senior centers through grants, contracts or mortgage insur- independent living arrangements for the elderly and assisted in reach- ance and support staffing grants for the initial operation of such ing a large portion of elderly shut-ins. These in-home and out-of- centers and the delivery of social services; home services made it possible for the elderly to maintain a sense of 6. Expand the research, demonstration, and training programs dignity and independence in their own familiar community environ- of the Act and authorize the establishment and support of ment. multidisciplinary centers of gerontology; There were 466 community programs on aging which involved older 7. Expand the National Older Americans Volunteer program volunteers. These volunteers assisted in such services as visiting, tele- (including Foster Grandparents and the Retired Senior Volunteer phone reassurances, transportation, teaching adult education courses Programs); to other older persons, preparation and delivery of meals, and were 8. Encourage that the nutrition program for the elderly is involved in the planning of community activities and services for the operated, wherever possible, in conjunction with comprehensive, elderly. coordinated service systems developed under Title III; Group meals and home-delivered meals were provided to 60,000 to 9. Provide for special impact demonstrations and model projects 70,000 older persons to help solve nutritional problems of the elderly. in the areas of transportation, housing, education, employment, Many older persons unable to pay received this service without cost. preretirement, and continuing education as a part of compre- In many programs, these meals were prepared and delivered by older hensive, coordinated service systems for the elderly. persons. Senior centers and other community and neighborhood facili- 10. Provide special programs for older persons under the ties were used for preparing and serving these meals. Many persons were served at least two nutritional meals, 5 days a week. Those elderly PIBLIC Library Services and Construction Act, the National Commission on Libraries and Information Science Act, the Higher Education who were isolated have benefited from the delivery of meals to their Act of 1965 and the Adult Education Act; and homes on a daily basis. 11. Create a new program to provide for the employment of There were 428 projects with transportation as a component or a individuals 55 and over in community service activities. sole service of the program. Many programs had one or two mini- buses which were radio-equipped; cars and other vehicles were used BACKGROUND as well. This service enabled older persons to keep doctors appoint- ments, to go to health clinics and food stamp offices, to make trips at The Older Americans Act was first enacted by the 89th Congress in a distance, and visits to senior centers for other significant activities 1965 and, thereafter, was revised in 1967 and 1969. Since its enactment, and services. virtually all of the states and territories have created state offices of There were 337 projects which offered health and health-related aging and, in addition, a total of 395 local agencies on aging have been services to older persons providing visiting nurses and in-home health funded under Title III to serve as the focal point in their communities aides for the home-bound elderly. Other health-related services offered in providing services to the aging. were health education, geriatric screening and referral, immunization From small beginnings in 1965, programs under the Older Americans programs and homemaker services. These programs included the pro- Act have expanded substantially. The following table shows the appro- motion of prevention techniques for accidents through education, and priations history. activities which provided the means to alleviate other particular emo- tional or physiological health problems of the elderly. A number Total appropriations under the Older Americans Act-Fiscal years, 1966-73 of programs gave particular attention to the handicapped older per- Fiscal year: son such as the blind or deaf, or those reaching these stages because 1966 $7,500,000 of age, by counseling the older person in readjustment to their sur- 1967 10,275,000 roundings and homes. Often other older persons with similar handicaps 1968 18,450,000 1969 provided this assistance. 23,000,000 1970 With assistance under Title III, State agencies provided support 28,360,000 1971 33,650,000 for 623 senior centers which were located in public low-rent housing, 1972 annual 46,450,000 churches, public and private buildings and some institutions. These 1972 supplemental 55,250,000 Total fiscal year 1972 senior centers have satellite centers located in neighborhoods where the 101,700,000 1973 request 257,000,000 elderly reside. The satellite centers provided and delivered services tailored to meet the special needs of the elderly in the community. STATE AND COMMUNITY PROGRAMS These senior centers also trained 14,708 elderly for employment and provided opportunities for participation and active engagement in The principal focus of activity under the Act has been through com- community life. munity programs conducted under Title III to provide services to 4 5 FORD AREAWIDE MODEL PROJECTS NATIONAL OLDER AMERICANS VOLUNTEER PROGRAMS The Area Model Project Program was first implemented in 1971 FOSTER GRANDPARENTS PROGRAM with the award of $2.2 million to 9 State Agencies on Aging. There GERALD LIBRARY are currently 21 Areawide Model Projects in operation with an One of the best known and most successful programs of service by average federal cost of about $320,000 each. older persons is the Foster Grandparent Program. The Foster Grand- The characteristics of the elderly recipients of Areawide Model parent Program provides parttime volunteer opportunities for low- services are essentially the same as those in the Community Grant income persons age 60 and over to serve children with special needs Program. Projects are multi-service in nature with 5 program com- in institutions on a person-to-person basis. The Program was initially ponents being about average. Each program component has been developed in 1965 as a cooperative effort between the Office of Eco- selected as most appropriate in meeting the needs of the elderly nomic Opportunity and the Administration on Aging to demonstrate living in the project area and the mix of services funded is specially the capability and willingness of older persons to make valuable tailored to meet their needs. Emphasis is placed on drawing on existing contributions to their communities. The program was jointly admin- resources within the community. istered by O.E.O. and D.H.E.W. until the Older Americans Act Amendments of 1969 transferred the Foster Grandparent Program RESEARCH AND DEMONSTRATION entirely to the Department of Health, Education, and Welfare, where funding and administration occurred through the Administration on The Title IV Research and Demonstration program is currently Aging and the regional offices for the Social and Rehabilitation supporting 37 projects. A major priority research area now under Service. On July 1, 1971, the Foster Grandparent Program was study is the inappropriate placement of significant numbers of elderly transferred to ACTION, the newly formed citizens' service corps, people in institutions because of the lack of suitable alternative com- in accord with Executive Reorganization Plan No. 1 of 1971. munity living arrangements. The focus of a variety of projects deal- Currently 135 foster grandparent projects serving in 445 different ing with this issue is mainly the costs and benefits of levels of care child care settings in all 50 states, Puerto Rico, the Virgin Islands, appropriate to the needs of elderly people. A number of these proj- and the District of Columbia are utilizing over 10,431 foster grand- ects are jointly supported with other SRS bureaus and HEW agencies. parents per day. These volunteers are serving 20,862 children daily Priority is also being given to research and demonstration on solu- and up to 52,155 children annually. The FY 1972 appropriation tions to the mobility and transportation problems of older persons. for the Foster Grandparent Program was increased to $25 million. Optional approaches to such solutions are being tested in a coopera- This spending level has been maintained for FY 1973, and it is tive effort with the Urban Mass Transportation Administration, anticipated that by the end of this fiscal year there will be 166 projects Department of Transportation. This joint approach is enabling Title and 12,295 foster grandparents supported. This in turn will reach IV to study the costs and benefits of transportation modes which 24,590 children daily and 61,475 annually. otherwise would be financially prohibitive because of the large in- vestment in capital equipment required. RETIRED SENIOR VOLUNTEER PROGRAM Other areas of priority study include a model for statewide informa- tion and referral systems; the status and needs of minority elderly; and The Retired Senior Volunteer Program (RSVP) was authorized by the adaptation of communications and technology for use in pro- the Older American Act Amendments of 1969. The Program provides grams of care for the elderly. significant volunteer service opportunities in local communities for persons of retirement age. Grants are provided to public and private TRAINING PROGRAMS nonprofit agencies to support the development and operation of pro- grams providing community volunteer opportunities in a variety of The training grant program, authorized by Title V of the Older settings for persons 60 years and over. The grants also include payment Americans Act supports 38 career training programs being conducted to these volunteers of out-of-pocket expenses, covering costs incident in 17 universities across the country, to add 8 new long-term programs, to their service such as transportation. The focal point of RSVP and to support 15 short-term projects. The continuing, long-term activity is the needs and interests of the older volunteer. programs, have become nationally recognized sources of well-trained RSVP began in 1970 with an appropriation of $500,000 and eleven personnel capable of providing a variety of professional services to programs. At the beginning of FY 1972, RSVP was transferred to the older population. In addition, staff members of the training ACTION under Executive Reorganization Plan No. 1 and the appro- programs are recognized increasingly as resources for professional priation was increased to $15 million. This funding level has been leadership, consultation, and technical assistance within the com- maintained in FY 1973; and it is anticipated that by June of this year, munities. States, and regions served by their institutions. there will be 600 local programs utilizing 40,000 older American volun- teers. ACTION has also funded 51 2-year state developmental grants which have enabled the state offices on aging to provide assistance and support to local RSVP's during this rapid growth period. 7 6 H.R. 71, as amended, was reported by the subcommittee by a vote While the Retired Senior Volunteer Program is still a relatively new of 12-1. The full Committee reported the bill to the House by a vote program, it has begun to generate the same type of successes found in of 33-1. the Foster Grandparent Program. RSVP offers service opportunities The authorizations for the programs of the Older Americans Act to persons aged sixty and over, and does not impose income limitations expired June 30, 1972, with the exception of Title VII, the Nutrition for program participation. RSVP permits senior volunteers to serve LIBRARY Program for the Elderly. Title VII which was enacted on March 22, a variety of organizations, agencies, and institutions in a broad range 1972, contains authorizations for fiscal years 1973 and 1974. of service roles. The many preliminary meetings which led up to the White House Conference on Aging, and the Conference itself, held on November NUTRITION PROGRAM FOR THE ELDERLY 28, 29, 30 and December 1 and 2, 1971, posed a clear call for increased Public Law 92-258, signed by the President March 22, 1972, added action to meet the special needs of America's older citizens. to the Older Americans Act a new Title VII, which authorized a H.R. 15657, a bill similar to H.R. 71, which responded to that call, nutrition program for the elderly. The purpose of this program is to was passed by the 92nd Congress but vetoed by the President. This provide older Americans, particularly those with incomes below the new bill seeks to respond to the major objections of the Administration to the vetoed bill. Bureau of the Census poverty threshhold, with low-cost, nutritionally sound meals served in congregate settings, in structurally located 1973 AMENDMENTS TO THE OLDER AMERICANS AcT-A COMPARISON centers. Besides promoting better health among the elderly through OF PRESENT LAW AND PROPOSED REVISIONS improved nutrition, the program is aimed at reducing the isolation of old age and making it possible for them to come together to receive TITLE I-DECLARATION OF OBJECTIVES services other than the nutrition services for which the program is primarily designed. Title I of the Older Americans Act contains a Declaration of Objec- Title VII authorizes $100 million to begin the program during tives for Older Americans. H.R. 71 would leave these objectives intact Fiscal Year 1973, and the President requested that amount for the except for providing that community services should include access to current fiscal year. This amount was included in the first and second low-cost transportation. appropriation bills for the Departments of Labor and Health, Educa- This committee action is in response to the repeated finding in pre- tion, and Welfare and related agencies for the fiscal year, but both White House Conference forums and in the Conference itself, that lack bills were vetoed. Therefore, funds for it have not yet been made of adequate transportation is a major problem for older Americans in available and it has not gone into operation. Meanwhile the Adminis- all parts of the nation. tration on Aging has prepared for its implementation when funds are available. TITLE II-ADMINISTRATION ON AGING LEGISLATIVE HISTORY Role of AOA and the Commissioner During the 92nd Congress the Select Subcommittee on Education Title II of the Older Americans Act establishes the Administration held fourteen days of hearings on bills to amend the Older Americans on Aging within the Department of Health, Education, and Welfare Act. The Subcommittee heard from witnesses representing the and provides for a Commissioner on Aging appointed by the President various departments of the Executive Branch, organizations repre- with the advice and consent of the Senate. It also sets forth the func- senting the aged, as well as private individuals, governors, other tions of the Administration on Aging. H.R. 71 adds language to this State officials, and Congressmen. title providing that the Commissioner on Aging would be directly H.R. 15657 was unanimously reported by the Subcommittee and the responsible to the Secretary and would not be able to delegate any of full Committee. Subsequently, H.R. 15657, as amended, was passed his functions to any other officer who is not directly responsible to him, by both Houses of Congress and pocket-vetoed by the President. except that Title VI, the Retired Senior Volunteer and Foster Grand- parent programs, would be administered by the Director of ACTION. LEGISLATIVE HISTORY In the event a delegation of function is desired by the Commissioner H.R. 71, as introduced, contained the provisions of the vetoed bill. on Aging to an officer not directly responsible to the Commissioner, he The Select Subcommittee on Education held hearings on this new bill must first submit a plan for such delegation to the Congress. The dele- and has amended it to reflect some of the recommendations made by gation will become effective at the end of the first period of thirty cal- witnesses representing the Executive Branch. endar days of continuous session of Congress unless either house passes H.R. 71 represents a decrease in authorizations of $601,500,000 a resolution which does not favor such delegation. over the vetoed bill, H.R. 15657. In addition, the Committee elimi- Legislative history clearly demonstrates that the intent of Congress nated Title X, Middle-aged and Older Workers Training Act and when it first passed the Older Americans Act in 1965 was to create an consolidated the Transportation Study and Demonstration Project entity highly visible in the Department of Health, Education, and into the provision of the bill relating to the Federal Council on Aging Welfare to serve as a focal point for dealing with the problems of the and Model Projects. aged. In line with this objective, the office was to be headed by a 8 9 FORD Presidentially appointed Commissioner. Yet, in 1967. AOA was placed within the Social and Rehabilitation Service with the Commissioner out effective programs for older people and to work on a more equal on Aging reporting to the Administrator of the Social and Rehabilita- basis with other agencies which have programs of benefit to the aged. LIBRARY tion Service, who is not a Presidential appointee. The committee believes that this reorganization will enhance the The dominant programs in SRS are those providing income main- ability of AOA both as a spokesman for the elderly within the de- tenance: it is generally regarded as primarily a "welfare" agency. partment and in its program operations. Yet, the Older Americans Act was never intended to operate as a H.R. 71 would also add to the functions of the Administration on welfare program in the sense that it does not contain a means test Aging the following activities: and its services are not restricted to those with incomes below the -developing basic policies and setting priorities with respect to the poverty line. Indeed, those active in the field of aging find that older development and operation of programs and activities related to persons are, in many cases, resistant to utilizing needed services the purposes of the Older Americans Act when those services are viewed as part of a welfare program. -providing for the coordination of Federal programs and activities The Committee has also found the responsibilities of the Commis- related to such purposes sioner have been progressively lessened to the point where the Com- -coordinating, and assisting in, the planning and development by mittee fears that his effectiveness is in jeopardy. For instance- public and nonprofit private agencies of programs for older per- 1. The present Title IV research and demonstration programs sons, with a view to the establishment of a nationwide network have been placed under an Associate Administrator of the Social of comprehensive, coordinated services and opportunities for such and Rehabilitation Service; persons 2. The Title VI Retired Senior Volunteer Program and Foster -calling conferences of such authorities and officials of public and Grandparent Programs have been moved to the new ACTION nonprofit private agencies or organizations concerned with the agency; development and operation of programs for older persons as the 3. Many operational responsibilities for the Title III State Secretary deems necessary or proper program have been delegated to the Social and Rehabilitation -developing and operating programs providing services and oppor- Service regional offices. tunities related to the purposes of the Act which are not otherwise If the Commissioner is to be effective, he must have grant authority provided by existing programs for older persons to launch programs in gap areas where there is demonstrated need. For -carrying on a continuing evaluation of the programs and activi- example, the Title IV research and demonstration program was de- ties related to the purposes of this Act with particular attention signed to move into areas where gaps in knowledge exist and test to the impact of medicare and medicaid, the Age Discrimination approaches to services ignored by other agencies. To delegate these and Employment Act, and the programs of the National Housing activities to another unit within the Social and Rehabilitation Service Act relating to housing for the elderly and the setting of standards only creates more division of responsibility and a need for more coordi- for the licensing of nursing homes, intermediate care homes, and nation, while at the same time it weakens the role of the Commissioner other facilities providing care for older people. on Aging and his ability to focus research efforts on meeting the -providing information and assistance to private nonprofit agencies unique needs of the elderly. and institutions applying for Federal assistance for the estab- To achieve effective coordination with other agencies, the Com- lishment and operation by them of programs and activities related missioner should have the financial resources to share in the costs of to the purposes of the Act and, the development and operation of programs. An advocacy role is diffi- -developing, in coordination with other agencies, a national plan cult to carry out if there is no capability provided in the form of grant for meeting the needs for trained personnel in the field of aging, money to be used in cooperation with other programs or to innovate and for training persons for carrying out programs related to the and lead the way in areas where gaps exist. purposes of the Act and conducting and providing for the con- An Advisory Council to the U.S. Senate Special Committee on ducting of such training. Aging reported in October 1971 that: the AOA falls far short H.R. 71 also broadens the functions of the Administration on of being the Federal 'focal point in aging' sought by Congress. Instead, Aging to include the carrying out of programs designed to meet the its concerns are splintered and scattered; there are limited, if any, needs of older persons for social services, including nutrition, hos- policies and few clear-cut goals. Recent reorganizations have not pitalization, preretirement training, continuing education, and health strengthened Federal programs and commitment in aging in any way. services. Rather, they have fragmented an already flawed and feeble agency Federal Agency Cooperation still further. This situation has created chaos as well as a lack of H.R. 71 provides that Federal agencies proposing to establish direction in Federal and State programs." programs related to the purposes of the Older Americans Act shall The provisions in H.R. 71 are intended to alleviate these problems consult with the Administration on Aging prior to the establishment of by reasserting the Congressional mandate to the Commissioner 0 such programs, and Federal agencies administering such programs Aging and giving him the powers and responsibilities he needs to carr shall cooperate with the Administration on Aging in carrying them out. 90-176-73-2 10 11 FORD The National Information and Resource Clearinghouse The conference committee convened to reconcile the differences in The White House Conference identified a number of problems in the separate versions of H.R. 15657 agreed to consolidate the functions obtaining coordinated information on problems and programs in the of these two bodies under the new name of "The Federal Council on LIBRARY field of aging. the Aging." The committee has retained the provisions agreed upon by H.R. 71 as amended would establish a National Information and the conference committee with respect to this council and wishes to Resource Clearinghouse for the Aging as an integral organizational restate and emphasize the comment made in the joint statement of the mechanism within the Administration on Aging. The major function of managers of the conference committee, as follows: "It is the intention the Clearinghouse would be to collect, review, organize, publish and of the conferees that this body function as more than a passive advi- disseminate information and data related to the particular problems sory body, and that it work to actively promote the interests of older caused by aging. Americans throughout the whole range of federal policies and programs In order to discharge its function adequately, the Clearinghouse affecting them." would be authorized to concern itself with a wide range of information In addition to its regular responsibilities, the Council is charged and data, such as: medical and rehabilitation facilities and services, with the responsibility for undertaking three important studies. First including medicare, medicaid, and other programs operating under the of all, the Council is to undertake a study of the interrelationships of Social Security Act; education; vocational training; employment; benefit programs for the elderly operated by Federal, State and local transportation; architecture and housing; recreation; and any public or government agencies. At least nine major programs, operated by five private programs which serve older persons. In addition, the Clearing- Federal departments and agencies, impinge directly on each other. house would act as a clearinghouse for referrals to and from the State These include social security (OASDI), veterans benefits, old age information and referral sources provided under Section 305(a)(8). assistance, medicare, medicaid, low rent public housing, Federally This represents an innovative departure for information and referral assisted private housing (Section 202, 236), food stamps, and man- services. power training. Under the proposal, the Clearinghouse would provide information to At the present, problems occur when older people are eligible for older persons directly or through State information and referral assistance from more than one of these programs. For instance, when sources, thereby creating a vital information link between Federal, there is an increase in social security benefits, an individual who re- State, and local aging agencies or service providers, and directly to ceives both social security and old age assistance may, unless corrective older persons themselves. action is taken each time there is an increase, receive no increase in Each department or agency of the Federal Government would be total income since his old age assistance benefit is reduced to take authorized to make available to the Commissioner, for use by the account of his increase in social security. The study called for in these Clearinghouse, any information or data which the Commissioner amendments should provide the information necessary to come up with requested. To the maximum extent feasible, the Commissioner would a comprehensive solution to this and to similar problems that occur in enter into arrangements whereby State and other public and private other areas. agencies and institutions would make useful information and data Second, the Council is to undertake a study of the combined impact available to the Clearinghouse. of all taxes on the elderly-including but not limited to income, prop- Authorizations of appropriations of $750,000 for fiscal year 1973, erty, sales, and social security taxes. $1,000,000 for fiscal year 1974, and $1,250,000 for fiscal year 1975 are Upon completion of each of these studies, but no later than eighteen provided. months after enactment of this Act, the President would submit the FEDERAL COUNCIL ON THE AGING results and recommendations to the Congress and, in the case of the tax study, to the Governors and legislatures of the States. The Federal Council on the Aging has its genesis in the House and Third, the Council is to undertake a study of the transportation Senate versions of H.R. 15657, the Older Americans Comprehensive needs of the elderly. Services Amendments, passed by the 92nd Congress but which the President declined to sign following the adjournment of Congress. The Administration Senate version of H.R. 15657 provided for the establishment of an Under present law, provisions relating to administration are con- Older Americans Advocacy Commission, charged with the duty of ad- tained in Title VIII (as amended by P.L. 92-258). H.R. 71 will move vocating the interests of older Americans throughout the whole range these provisions intact to Title II. of federal activities. In addition, the Advocacy Commission was em- In addition Section 206(c) of H.R. 71 includes a specific authori- powered to evaluate and review existing programs as they affect the zation of appropriations for the administration of the Older Ameri- aging and to inform the public about the needs and concerns of the cans Act. The Committee added this provision to the Act to make clear aging and about federal activities concerning them. its intent that the financing of the Federal administration of this pro- The House version of H.R. 15657 provided for the establishment gram be kept separate and distinct from the funding provided under of a National Council on the Aging as a Presidential advisory body to Title III for service programs for older Americans and for State and advise and assist the President on matters relating to older Americans. local planning and administration. 12 13 FORD Evaluation the requirement for a sole State agency; (2) increasing the funding Under Title VIII of present law, not more than 1 percent of any available for the administration of the State plan required under Title appropriation for the Titles III, IV, V, and VI grant programs may III; (3) providing that the State agency would designate area agen- LIBRARY Act. be used by the Secretary for evaluating programs authorized by the cies on aging; and (4) providing for the establishment of State formation and referral sources. H.R. 71 would move the provisions relating to evaluation to Title II The Committee believes that in order to set responsibility and to and make more explicit the types of evaluations to be conducted. In provide the power and authority necessary to take effective action addition, the Secretary would publish the results of evaluative research in behalf of older Americans, a strong and easily identifiable single and evaluations of program and project impact and effectiveness no State agency on aging is necessary. later than sixty days after completion. The Secretary would be The Committee believes that there should be coordination between authorized to use such sums as required, but not to exceed 1 percent this and other agencies but that this agency should maintain its own of the funds appropriated under the Act or $1 million, whichever is identity in order to serve as a strong advocate for the needs of the older greater, to carry out such evaluations either directly or by grants or population with all other groups which may have programs of benefit contracts. The bill also provides specific guidelines as to the evaluation to the aging. The White House Conference on Aging pointed to this of the impact of the program, it being the intent of the Committee role when it recommended that: that a thorough evaluation of this program be made to determine its Relationships between agencies in aging and other public strength and weaknesses and in particular to determine its ability to age cies should be characterized by mutual adjustments and meet specified objectives. cooperation at all government levels and by durable joint Reports agreements of responsibility for research, comprehensive The bill adds a new provision to Title II requiring the Commissioner planning and provision of services and facilities, and should to prepare and submit to the President for transmittal to the Congress be based on and directly responsive to older Americans' a full and complete report on the activities carried out under the Act opinions and desires at the grass roots levels. not later than one hundred and twenty days after the close of each These amendments are therefore designed to strengthen the State fiscal year. agency on aging while at the same time building in requirements for Joint Funding of Projects coordination with all other groups having related programs and con- The provision of present law relating to joint funding of projects sultation with those directly affected by the State agency's programs. is moved from Title VIII to Title II. In addition to strengthening the State agencies on aging, the amend- ments would increase the Federal share of the cost of projects funded Advance Funding under the title III program and provide for the establishment of area Title II of H.R. 71 provides a new authority for advance funding agencies on aging where such agencies would contribute to providing by one year of the programs authorized by the Act in order to aid more effective attention to the needs of older persons. States and local agencies in planning for their program. STATE AND COMMUNITY PROGRAMS TITLE III-GRANTS FOR STATE AND AREA PROGRAMS Under present law, there is an authorization of appropriations of H.R. 71 as amended would substantially revise the present Title III $30,000,000 for fiscal year 1972 for State and community grant program. The purpose of this new Title III -community planning and coordination of programs would be to encourage and assist State or local agencies to concentrate -demonstration of programs or activities which are particularly resources in order to develop greater capacity for, and foster the valuable development of, comprehensive and coordinated service systems to -training of special personnel needed to carry out programs serve older persons by entering into new cooperative arrangements -establishment of new or expansion of existing programs to carry with each other and with providers of social services for planning for out the purposes of the Act. the provision of, and providing, social services and, where necessary, From the sums appropriated for a fiscal year the Virgin Islands, to reorganize or reassign functions, in order to Guam, American Samoa and the Trust Territory of the Pacific Islands -secure and maintain maximum independence and dignity in a are allotted an amount equal to one-half of 1 percent of such sum and home environment for older persons capable of self-care with each other State is allotted an amount equal to 1 percent of such sum. appropriate supportive services; and From the remainder of the sum SO appropriated for a fiscal year -remove individual and social barriers to economic and personal each State is allotted an additional amount which bears the same independence for older persons. ratio to such remainder as the population aged sixty-five or over in The Committee was concerned that the State agencies on aging all of the States, as determined by the Secretary on the basis of the established under the present Title III program had not developed most recent information available to him. Funds not needed by a into strong and effective advocates for older people at the State level. State are reallotted to other States. The allotments are available It therefore took steps to strengthen these agencies by (1) reasserting to pay not more than 75 percent of the costs of projects for the first 14 15 AREA PLANNING AND SERVICES-Continued FORD year, 60 percent of the cost for the second year and 50 percent of the cost for the third and any subsequent year of the projects. Present act, H.R. 71, fiscal year- The amendments contained in this bill authorize appropriations fiscal year 1972 1 1973 ² 1974 & 1975 LIBRARY of $85,000,000 for fiscal year 1973, $150,000,000 for fiscal year 1974, and $200,000,000 for fiscal year 1975 for the Commissioner to make ndiana $636,000 $1,929,500 $3,516,633 1,688,845 grants to States for the administration of area plans and the develop- lowa 540,000 1,445,000 2,393,540 3,191,387 Kansas 483,000 1,215,500 1,842,791 2,457,054 ment of comprehensive and coordinated systems for the delivery of Kentucky 531,000 1,445,000 2,391,108 3,188,145 social services. Area planning and area agencies on aging should help Louisiana 510,000 1,385,500 2,250,342 3,000,456 Maine 378,000 765,000 802,826 1,070,434 to make the projects funded under the Older Americans Act responsive Maryland 504,000 1,377,000 2,223,308 2,964,410 to local needs. Massachusetts 735,000 2,329,000 4,457,115 5,942,820 Michigan 816,000 2,754,000 5,461,140 7,281,520 The passage of Title VII (P.L. 92-258) introduced a new element Minnesota 579,000 1,632,000 2,829,644 3,772,858 Mississippi 453,000 1,113,500 1,606,094 2,141,459 into the allotment formula system of the Older Americans Act. Missouri 681,000 2,108,000 3,928,962 5,238,616 Montana 348,000 637,500 750,000 1,000,000 The new Title VII formula is geared more closely to elderly popula- Nebraska 426,000 960,500 1,255,430 1,673,907 tion. The basic distribution of sums appropriated is made on the basis Nevada 321,000 527,000 750,000 1,000,000 New Hampshire 354,000 663,000 750,000 1,000,000 of each state's relative share of the nation's population aged sixty and New Jersey 777,000 2,592,500 5,069,107 6,758,809 New Mexico 384,000 646,000 750,000 1,000,000 over except that every state is guaranteed at least one-half of one New York 1,635,000 6,477,000 14,153,486 18,871,315 percent of the amounts appropriated in each fiscal year (one-fourth North Carolina 582,000 1,742,500 3,076,738 4,102,317 North Dakota 345,000 620,500 750,000 1,000,000 of one percent in the case of territories and possessions). Ohio 981,000 3,485,000 7,152,577 9,536,769 The new formula provided in the bill for the distribution of Title Oklahoma 504,000 1,334,500 2,117,225 2,822,967 Oregon 456,000 1,113,500 1,610,462 2,147,283 III funds for fiscal year 1973 retains the earlier formula of the Older Pennsylvania 1,167,000 4,343,500 9,183,064 12,244,086 Rhode Island 369,000 739,500 750,000 1,000,000 Americans Act except that the guarantees to each state are reduced to South Carolina 429,000 1,037,000 1,435,305 1,913,740 one-half of one percent of sums appropriated (one-fourth of one South Dakota 354,000 663,000 750,000 1,000,000 Tennessee 561,000 1,615,000 2,790,231 3,720,308 percent in the case of territories and possessions), with the balance Texas 975,000 3,510,500 7,211,569 9,615,425 Utah 351,000 663,000 750,000 1,000,000 distributed among the states on a population basis. For the succeeding Vermont 333,000 569,500 750,000 1,000,000 fiscal years, the Title VII formula is adopted except that no state Virginia 549,000 1,581,000 2,697,687 3,596,916 Washington 519,000 1,411,000 2,306,786 3,075,715 shall be allotted an amount less than that state received for fiscal West Virginia 432,000 1,020,000 1,399,738 1,866,317 Wisconsin 624,000 1,844,500 3,315,861 4,421,148 year 1973. Wyoming 321,000 518,500 750,000 1,000,000 Essentially the same formula is adopted for the distribution of American Samoa 150,000 212,500 375,000 500,000 Guam 150,000 221,000 375,000 500,000 administrative funds to the states under Section 306, except that the Puerto Rico 405,000 977,500 1,296,869 1,729,159 Trust Territory 153,000 221,000 375,000 500,000 guarantee to each state is fixed in terms of either a fraction of sums Virgin Islands 150,000 221,000 375,000 500,000 appropriated or a fixed dollar sum, whichever is greater. In devising the new formula, the committee has recognized and 1 Formula based on minimum of 1 percent for States and ½ percent for Territories with remainder based on population sought to reconcile two fundamental factors: (1) each state requires 65 plus. 2 Formula based on minimum of ½ percent for States and 1/4 percent for Territories with remainder based on population a basic sum to operate a program for the aging even though the aging 60 plus. 3 Formula based on 60 plus population, with minimums of 1/2 percent for States and 1/4 percent for Territories. population of the state may not be large as compared to the population in other states; and (2) those states having a greater proportionate From a State's allotment up to 15 percent would be available for share of the nation's elderly are entitled to a greater proportionate paying up to 75 percent of the cost of administration of area plans. share of funds appropriated to provide services for this population. Up to 20 percent would be available for paying up to 75 percent of the cost of social services which were not provided as a part of a compre- AREA PLANNING AND SERVICES hensive and coordinated system. The remainder of the allotment would be available to the State for paying up to 90 percent of the cost of Present act, H.R. 71, fiscal year- fiscal year social services provided as a part of a comprehensive and coordinated 1972 ¹ 1973 ² 1974 ³ 1975 system in a planning and service area for which there was an area plan Total $30,000,000 $85,000,000 $150,000,000 approved by the State agency. $200,000,000 The increases in funds provided in the bill, and the establishment Alabama 522,000 1,445,000 2,382,986 Alaska 3,177,315 303,000 450,500 750,000 Arizona 1,000,000 of Title III goals require a more rigorous accountability process. 411,000 926,500 1,171,866 Arkansas 1,562,488 Provision is made for an annual State operating plan based on an 462,000 1,147,500 1,680,399 California 2,240,531 1,530,000 5,950,000 11,458,519 Colorado 15,278,023 evaluation of the needs for services and the resources for meeting 429,000 994,500 1,338,128 Connecticut 1,784,171 498,000 1,309,000 2,080,674 Delaware 2,774,232 the national goals; an identification of obstacles and how they will be 330,000 561,000 750,000 District of Columbia 1,000,000 overcome; the development of sub-State plans for comprehensive co- 348,000 646,000 750,000 Florida 1,000,000 975,000 3,315,000 6,760,041 Georgia 9,013,389 ordinated service systems for the elderly; and the monitoring of the 552,000 1,589,500 2,722,600 Hawaii 3,630,134 330,000 569,500 750,000 effectiveness of such plans in meeting the needs of the elderly. Idaho 1,000,000 348,000 637,500 750,000 Illinois 1,000,000 In some cases, States are too large and diverse to be covered by a 1,047,000 3,791,000 7,879,149 10,505,532 See footnotes at end of table, p. 15. single comprehensive, coordinated area plans for the elderly. Conse- 16 FORD 17 & quently, the bill provides that whenever appropriate such States may be divided into planning and services areas, with boundaries which are State Agency Planning and Administration ¹-Continued LIBRARY identical with those of other human resources programs wherever District of Columbia $200, 000 Florida 810.069 feasible. However, the committee recognizes that some States may often best be served by a single State agency. In such cases one area Georgia 326, 255 Hawaii 200,000 plan may cover an entire State. Idaho 200,000 Illinois 944, 174 State Planning and Administration Indiana 421,405 Present law provides authorization of appropriations of $5,000,000 Iowa 286,823 Kansas 220,825 for fiscal year 1972 for making grants to each State to pay not more than 75 percent of the costs of planning, coordinating and evaluat- Kentucky 286,531 Louisiana 269,663 ing programs and activities related to the purposes of the Act and Maine 200,000 of administering the State plan approved under Title III. The allot- Maryland 266,423 ment formula to the States is similar to that described above for Massachusetts 534,105 Michigan 654,419 community grants except that the Virgin Islands, Guam, the Trust Minnesota 339,082 Territory of the Pacific Islands, and American Samoa receive at Mississippi 200,000 least $25,000 and no State receives less than $75,000. Missouri 470,815 H.R. 71 as amended authorizes appropriations of $20,000,000 each Montana 200,000 for fiscal years 1973 through 1975 to make grants to States for paying Nebraska 200,000 Nevada 200,000 such percentage as each State agency determines, but not more than New Hampshire 200,000 75 percent of the cost of the administration of its State plan, including New Jersey 607,441 the preparation of the plan, the evaluation of activities carried out New Mexico 200,000 under the plan, the collection of data and the carrying out of research New York 1,696,040 North Carolina 368,692 related to the need for social services within the State, the dissemina- North Dakota 200,000 tion of information SO obtained, the provision of technical assistance Ohio 857,107 to public or non-profit private agencies and organizations, and the Oklahoma 253,711 carrying out of demonstration projects of statewide significance re- Oregon 200,000 Pennsylvania 1,100,425 lating to the initiation, expansion, or improvement of social services. Rhode Island 200,000 The allotment formul provides that no State would receive less than South Carolina 200,000 ½ of 1% or $200,000 whichever is greater, and Guam, American South Dakota 200,000 Tennessee 334,359 Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands would not receive less than 1/4 of 1% or $50,000, whichever Texas 864,176 Utah 200,000 States. is greater. Funds not needed by a State would be reallotted to other Vermont 200,000 Virginia 323,269 Washington 276,427 The Committee recognizes the difficulties involved in phasing in the new Title III structure of State and area agencies. These problems are West Virginia 200,000 Wisconsin 397,346 exacerbated by the fact that programs during fiscal year 1973 have Wyoming 200,000 been operated under a continuing resolution with both new authorizing American Samoa 50,000 50,000 legislation and appropriations legislation having been vetoed by the Guam President. For these reasons, the Committee intends to permit existing Puerto Rico 200,000 Trust Territory 50,000 Title III projects to be funded during the period until new State and Virgin Islands 50,000 area plans can be approved. 1 Older Americans Act (Formula based on a distribution by 60+ population; then, minimus of ½ of 1% for States, and 1/4 of 1% for Territories) $200,000 minimum. State Agency Planning and Administration 1 Model Projects Total $20,000,000 In addition, present law provides authorization of appropriations Alabama of $10,000,000 for fiscal year 1972 for the Secretary to make grants Alaska 285,558 Arizona 200,000 to or contracts with Title III State agencies to pay not more than Arkansas 200,000 75 percent of the cost of the development and operation of statewide, California 201,365 regional, metropolitan area, county, city, or other areawide model Colorado 1,354,164 projects conducted by such State agencies (directly or through con- Connecticut 200,000 249,331 tractual arrangements). Delaware 200,000 The bill authorizes appropriations of $40,000,000 for fiscal year See footnote at end of table. 1973, $75,000,000 for fiscal year 1974, and $100,000,000 for fiscal year 1975, for model projects. 90-716-73-3 18 19 In addition to the projects operated by the states and by area the special needs and methods of providing services to older Americans and FORD LIBRARY agencies within each state for the benefit of their older residents, there who are handicapped, the Committee believes that the experience be is a need for grants to projects which the Commissioner determines expertise of the State vocational rehabilitation agencies should of the are of such merit as to deserve direct funding. The Committee intends State agency should be utilized, but that programs administered utilized. The Committee not only believes that the experience that the Commission, in making such grants, shall give priority con- sideration to: by the Rehabilitation agency and the State Office of Aging should be (1) Projects which assist the elderly in meeting their special housing coordinated to ensure that services can be extended to as many needs, including home repair projects; projects which demonstrate individuals as possible. methods of adapting existing housing to meet the needs of older per- (6) Projects to provide public service job opportunities to unem- sons; and projects which demonstrate alternative methods of relieving ployed older persons. older persons of the burden of real estate taxes. For instance, many older people have skills that could be of great (2) Projects demonstrating methods of making transportation serv- benefit in school classrooms. Part-time employment for older people in ices more available to older persons. The Committee intends that the schools would assist older people as well as the children they are transportation research and demonstration projects authorized under teaching. this section should build upon past and existing research efforts in AUTHORIZATIONS FOR TITLE III this area which have been supported solely by the Administration on [Amounts in millions] Aging through Title IV funds, and jointly by the Administration on Fiscal year- Aging and the Department of Transportation. In particular, the 1973 1974 1975 Committee intends that transportation projects be developed in rural areas where transportation is a severe problem for older persons $20 $20 $20 and where there is little Federal funding available from other sources. State administration. 85 150 200 Area planning and social service programs 40 75 100 (3) Continuing education projects designed to enable older persons Model projects 165 245 320 to lead more productive lives by broadening their educational, Total cultural, or social awareness. Many approaches have been proposed to meet the needs and desires of America's senior citizens to partake of a TITLE IV-TRAINING AND RESEARCH variety of programs of continuing education. The Committee has found that some states have initiated programs whereby senior citizens Research and development are currently conducted under Title IV. can attend regular classes at State institutions free of tuition where Training and manpower development are carried out under Title V. space is available. Such a program may cost virtually nothing to Because Research and Development, and Training activities are so undertake and provides great benefits to the senior citizens, as well as the members of the faculty and the younger students. The senior closely interrelated, these amendments would place the two programs into one Title IV-Training and Research. citizens benefit from the youthful environment as well as the return to an academic setting. The remaining students learn to dispel the first is primarily concerned with training, and would seek to attract The proposed new Title IV is divided into three major parts. The concept of a "generation gap" and discover in fact that a multi- generational classroom environment makes a significant contribution qualified persons to the field of aging by authorizing the Commissioner of to make grants to State agencies, local education agencies, institutes to the depth of their educational experience. The Committee hopes that the Administration on Aging will explore the possibility of higher education, or other public or private agencies and organizations of for the purpose of encouraging qualified persons from a variety promoting, wherever possible, tuition waiver programs that accrue sizeable benefits to all segments of the community involved without professions and vocations to enter the field of aging on a full or part- appreciably diverting program funds from essential social services. time basis. The Commissioner would also be authorized under this part to make (4) Projects to provide pre-retirement education, information, and relevant services to persons planning retirement. grants stitution to assist in the training of personnel for work in the or contracts to any public or private agency, organization field or in- of (5) Projects designed to provide special services needed by older aging. Such training would cover a range of activities, including: both persons suffering from physical and mental handicaps. A physical disa- short and long-term courses of study; the establishment of fellowships related bility or mental disorder is a doubly handicapping condition for the to persons for supervisory or training positions in fields and elderly. Friends and families are not always available for help and workshops to in the field of aging; the review, improvement and/or in- prepare the purposes of the Older Americans Act; seminars, conferences devel- assistance, making it more difficult to make use of whatever services are available. Moreover, handicapping conditions are likely to come with age, SO that individuals who have never had to deal with this opment of new training techniques, programs, and curricula; of and creasing the opportunities for practical experience in the field aging. problem before are suddenly confronted with a disability and, neces- tinuous appraisal of the personnel needs in the field of aging, to In addition, the Commissioner would be authorized to conduct and a con- sarily, a totally new life style. The Committee therefore believes that special effort is needed to ensure that those older Americans who are handicapped are reached by the Older Americans Act. In exploring prepare and publish an annual report on his findings. 20 FORD SS21 "y The Committee is concerned about recent statements that the Administration intends to phase out the Title V training program in The visibility of such multidisciplinary centers on gerontology LIBRARY favor of more general training authorities. Congress established this would help attract students to the field, and build core faculties of program in recognition that there is a need for specialized training in distinction. Individual courses offered by these centers would be of order to sensitize students to the particular problems of aging. Only value in improving the sensitivity and competence of students special- last year, the White House Conference on Aging said: "Given that izing in related fields, such as public health, social work, and educa- training in aging is lagging seriously behind the proven need, there is tion, in dealing with the special problems of the aged. consensus that responsibility for the development of a vigorous The results of the multidisciplinary research conducted by the cen- national plan and continuing monitoring of training of manpower in ters could provide a foundation for administrative and program policy aging should be lodged in a new Federal agency for aging adequately decisions, and generate program models for State, local, and National financed and with the power to coordinate all federally supported action in the field of aging, as well as stimulating increased or im- training programs in aging." proved community effort on behalf of the elderly. The second part is devoted to research and development, under The research and training offered by these multidisciplinary centers which the Commissioner would be authorized to make grants to or is not intended to duplicate or supplant similar research and training contracts with public or private agencies, organizations, institutions, or programs already in existence. Rather, such centers would coordinate Act. individuals for the same purposes delineated in Title IV of the existing their activities with others, and serve as a link between related Fed- erally-supported research and training programs. The bill authorizes appropriations of $11,000,000 for fiscal year 1973, Multidisciplinary Centers of Gerontology $15,000,000 for fiscal year 1974, and $20,000,000 for fiscal year 1975 The third part is a new provision which would authorize the Com- for training. missioner to make grants for the purpose of establishing multi- The bill also authorizes appropriations of $15,000,000 for fiscal year disciplinary centers of gerontology or supporting existing centers. 1973, $25,000,000 for fiscal year 1974, and $30,000,000 for fiscal year The 1967 Amendments to the Older Americans Act provided for a 1975 for multidisciplinary centers and research. study of the need for trained personnel in the field of aging. The report that resulted from this study pointed out that multidisciplinary TITLE -MULTIPURPOSE SENIOR CENTERS institutes of gerontology increase the visibility of the field of aging; often afford the only opportunity students and faculty may have for H.R. 71 would add a new Title V to the Older Americans Act exposure to the broad interdisciplinary aspects of the field of geron- relating to the provision and initial staffing of multipurpose senior tology; constitute a focal point for research and training; and can pro- vide many significant services to State and other agencies serving older centers. The Committee believes that very often the elderly need a single people. The report went on to point out that a major hindrance to the place, a focal point, where they can gather, receive a variety of services, development of such centers has been the lack of general purpose and be referred to other services they need. The location of services in a financial support from the Federal government, which limits its aid single place is one effective way of making the range of services a to funding specific research and training projects. person needs accessible to him or her. However, the Committee is that: The recent White House Conference on Aging also recommended firmly of the belief that existing facilities should be utilized whenever possible for such multi-purpose senior centers. Schools, libraries, and Multidisciplinary research and training centers of excel- other neighborhood facilities can be ideal locations for such centers. lence in gerontology with a relationship to service-delivery Under Title V of this bill, the Commissioner on Aging would be systems should be developed, and research and training authorized to make grants to public and non-profit private agencies should be fostered in a wide range of colleges, universities and and contracts with any agencies to pay up to 75% of the costs of other institutions. leasing, repairing or altering existing facilities SO that they could The multidisciplinary centers authorized by the bill would: recruit be used as multi-purpose senior centers. This authority should not, and train personnel; conduct research into a variety of matters which however, be interpreted as restricting the implied authority in Titles affect the elderly, ranging from education to living arrangements; 111, VII, and VIII to use funds under those titles for the same pur- provide consultation and technical assistance regarding the planning poses. Grants and contracts could also be made for construction of of services for older persons; act as a repository of information related facilities, but only where it is not feasible to utilize existing facilities to its areas of basic and applied research, encourage the incorporation for such purposes (through leasing, repair or alteration). The bill authorizes appropriations of $10 million for fiscal year of aging information into the teaching of biological, behavioral and social sciences in institutions of higher education; develop and 1973, $15 million for fiscal year 1974, and $20 million for fiscal year operate short course training sequences for staff of State, area and 1975 to carry out this section. Funds appropriated for these purposes local aging agencies; develop training programs on aging in schools in one fiscal year would remain available for obligation until the end of social work, public health, health care administration, education; of next fiscal year. The Commissioner would also be authorized under Title V to insure and create opportunities for multidisciplinary efforts in teaching, research and demonstration projects related to aging. construction mortgages of up to 90% of estimated replacement costs. 22 23 FORD The Commissioner is also authorized to make annual interest grants to tion: the effect of the "person-to-person" provision and the language States and public and non-profit private agencies to reduce the cost of in hospitals, homes for dependent and neglected children, or other "including services as 'Foster Grandparents' to children receiving care LIBRARY loans obtained in the private market. Annual interest grants shall be for a fixed period not to exceed 40 years, and shall cover the difference establishments providing care for children with special needs.". between the average annual debt service for the loan and the average The Committee does not intend "person-to-person" services which annual debt service computed at 3 per centum per annum. Foster Grandparents are authorized to provide under this section to Title V also authorizes the Commissioner to make grants for three be limited to those in a direct one-to-one relationship with a particular years at a declining federal share of 75, 66% and 50 per centum to cover child. Rather, it would be consistent with the Committee's intention all or part of the costs of professional and technical personnel including for a Foster Grandparent to serve in a project or program where he or janitorial services in such centers in its initial years of operation. she inter-relates with several children. The Committee expects, how- This authority is in addition to the implied authority in Title III, ever, that the major thrust of the subsection (a) program-bringing Title VII, and Title VIII, to utilize funds under those titles for the older persons in direct and personal contact with a child or several same purposes. Authorizations of appropriations of $10,000,000 each children with the purpose of developing an enriching relationship be- section. for fiscal years 1973, 1974 and 1975 are provided to carry out this tween them as in a surrogate grandparent/grandchild relationship- will be carried out in programs conducted under this subsection. The Commissioner would be required under this bill to give priority to applications for assistance under this Title which are for centers with the restrictive interpretation apparently given by ACTION to Second, the Committee wishes to make clear that it does not agree that would be a part of comprehensive and coordinated systems being the "including" clauses at the end of the subsection. The Committee's developed under Title III of this bill, it being the primary purpose of view is that this language is not, and was not, exclusive with respect this bill to focus resources on the development of comprehensive and coordinated services for the elderly. The Commissioner would also be service in a private home or other non-institutional setting, as well as to the places where Foster Grandparents could serve children and that required to consult with and utilize the assistance of the Secretary of in "hospitals, homes for dependent and neglected children, or other the Department of Housing and Urban Development on the technical establishments providing care for children with special needs" is aspects of any proposed construction. permissible as long as the other basic requirements of the Title are TITLE VI-NATIONAL OLDER AMERICANS VOLUNTEER PROGRAM satisfied. In adding the special category in Section 611(b) of the Older Amer- icans Act (in Section 603(b) of this bill), it is the intent of the Com- The Foster Grandparent Program and the Retired Senior Volun- mittee to expand volunteer opportunities for persons sixty and over teer Program were authorized by the 1969 amendments to the Older to include situations where persons other than children are involved Americans Act and are included under Title VI of that Act, the and to stress two special emphasis programs-Senior Companions National Older Americans Volunteer Program. The Foster Grandparent Program provides part time volunteer and Senior Health Aids. The Committee also wishes to make clear its intention with regard opportunities for low-income persons age 60 and over to serve needy to the language "including services as 'senior companions' to persons children in institutions on a person-to-person basis. The program seeks having developmental disabilities". The Committee does not regard to establish a useful way for older adults to contribute to their com- this language as being exclusive or limiting the programs conducted munity in their retirement years and to enjoy the self-respect and under section 611 (b) to non-institutional settings. The Committee ex- satisfaction that come from being needed and serving others. The Re- tired Senior Volunteer Program establishes a recognized role in the pects, however, in conjunction with the recommendations of the White House Conference on Aging-which stressed the importance of older community and a meaningful life in retirement for older adults through significant volunteer service. persons staying in their own homes and in familiar surroundings- that the programs conducted under section 611(b) would be conducted On July 1, 1971, through the Executive Reorganization Plan No. 1, of 1971, the Foster Grandparent Program and the Retired Senior with an emphasis on volunteer services directed toward preventing Volunteer Program were transferred to ACTION, the citizens service institutionalization. In addition, the Committee's intention is that the language "devel- corps designed to administer Federal volunteer programs. In these amendments the Committee accepts this transfer. However, the Com- disabilities, and the Committee does not construe developmental dis- opmental disabilities" be interpreted to include physical or mental mittee expects ACTION to work closely with the Administration on abilities to be limited specifically to mental or physical disabilities, but Aging and the State agencies on aging in administering these programs. rather intends volunteer services from "senior companions" and "senior While retaining the basic language of Section 611(a) of the Older health aids" to be available to all "persons (other than children) hav- Americans Act (in Section 603(b) of this bill), the Committee bill dropped the 90 percent limitation on the Federal Share so that in ing exceptional needs", as is stated in the new section 611(b). Section 605 is intended to make clear the Committee's intention that exceptional cases 100% funding would be permissible at the discretion of the program head. nothing in this Act shall in any way modify, repeal or affect the con- tinuation in full force and effect of delegations of authority, transfers, In addition, there are two matters regarding language retained from the present law in Section 611(a) which require further clarifica- or reorganizations made effective before the effective date of this Act 25 24 FORD Americans Act of 1965. with respect to functions carried out under Title VI of the Older making these grants the Commissioner of Education would consult with the Commissioner on Aging. Grants could be used for LIBRARY H.R. 71 includes specific language providing that the level of the training of librarians to work with the elderly; support be provided to the current Foster Grandparent program will not the conduct of special library programs for the elderly; reduced as a result of an expansion of the program to serve other the purchase of special library materials for use by the elderly; groups. tions Sec. 604 amends Sec. 614 of the Act by providing authoriza- the payment of salaries for elderly persons who wish to work for of appropriations of $35,000,000 for fiscal year 1973, $45,000,000 in libraries as assistants on programs for the elderly; fiscal year 1974, and $55,000,000 for fiscal year 1975. the provision of in-home visits by librarians and other library rather than the Secretary of HEW, would be authorized to make The bill further in Sec. 605 provides that the Director of ACTION, personnel the establishment to the elderly; of outreach programs to notify the elderly grants and contracts under Title VI of the Older Americans Act. of library services available to them; and The Commissioner is further directed to coordinate the furnishing of transportation to enable the elderly to have ment Economic of Opportunity, the Administration on Aging, and the Depart- of ducted under this bill with related programs operated by programs the Office con- Any access State desiring to receive a grant from its allotment for submit the pur- to library services. Health, Education, and Welfare. poses annual program for library services for older persons. The of this new title for any fiscal year would have to Federal an TITLE VII-NUTRITION PROGRAM share would be 100 percent of the cost of carrying out the State plan Title VII of the bill makes minor amendments in the for the purposes of Title IV. Authorizations of appropriations of $11,700,000 for fiscal year 1973, and enacted nutrition program conducted under Title VII of the recently Older Americans Act. $12,300,000 for fiscal year 1974, $12,900,000 for fiscal year 1975, First, the amendments to Title VII seek to assure that commodities $13,700,000 for fiscal year 1976 are provided to carry out public library service for older persons under the new Title IV. purchased be by the Secretary of Agriculture, including dairy products, The programs minimum allotment with respect to appropriations for the services. The same is true of food commodities under the control can donated to Title VII grantees and used for providing nutrition purposes for Guam, American Samoa, the Virgin Islands, and the Trust of Title IV would be $40,000 for each State and $10,000 Terri- ture the Commodity Act of 1949. Credit Corporation under section 416 of the Agricul- of tory of the Pacific Islands. The amendments to the Library Services and Construction Act Second, provision is made for the integration of Title VII nutrition would be effective after June 30, 1972. programs into comprehensive and coordinated social services funded under Title III, but only, it should be emphasized, when systems such National Commission on Libraries and Information Science Act an arrangement is mutually agreed upon by both the Title III and H.R. 71 would amend the National Commission on Libraries and the Title VII grantees. It is not the intention of the committee to the Information Science Act to provide that the Commission should con- special identity that the Title VII programs have already achieved, remove duct studies, surveys, and analyses of the library and informational comprehensive Title III programs. although we do encourage the integration of such projects with the needs of elderly persons. system, funds for planning for Title VII may come from Title III Third, wherever Title VII is a part of a Title III comprehensive should be knowledgeable with respect to the library and information It would also provide that at least one member of the Commission service and science needs of the elderly. possible only one planning authority for such funding, Title VII funds appropriations. It is the Committee's intent that by having wherever Higher Education Act of 1965 mittee is disturbed by reports that several States have can be used for providing additional nutritional services. The Com- H.R. 71 would amend Title I of the Higher Education Act of institutions of higher education (and combinations therefor) to assist 1965 to authorize the Commissioner of Education to make grants to administration of Title VII programs to agencies other than the assigned office of aging and suggests that the Commissioner has authority under state such institutions in planning, developing, and carrying out programs the section 705 (a) of the Act to disapprove such practices. specifically designed to apply the resources of higher education to and Finally, in order to coordinate the Title III programs and Title VII problems of the elderly, particularly with regard to transportation on the Federal level, the bill amends Title VII by changing all refer- housing problems of elderly persons living in rural and isolated areas. ence to the Secretary of HEW to the Commissioner of AOA. This In making such grants the Commissioner of Education would consult conforms to the other titles of the bill. with the Commissioner on Aging. Authorizations of appropriations of $5,000,000 for fiscal year 1973 and each succeeding fiscal year ending prior to July 1, 1975 are TITLE VIII-AMENDMENTS TO OTHER ACTS provided. Library Services and Construction Act Adult Education Act out Construction Act authorizing the Commissioner of Education to H.R. 71 would add a new Title IV to the Library Services and H.R. 71 would amend the Adult Education Act to authorize the Commissioner of Education to make grants to State and local educa- a program of grants to the States for older readers services. carry In tional agencies or other public or private nonprofit agencies for edu- 90-716-73-4 26 27 FORD cational programs for elderly persons whose ability to speak and read the English language is limited and who live in an area with a culture publicly charitable organizations exempt from However, such owned and operated facilities and projects taxation or projects under spon- the LIBRARY different than their own. In making grants the Commissioner on Edu- should be designed to equip these elderly persons to deal successfully cation would consult with the Commissioner on Aging. Programs sored by provisions of the Internal Revenue Code. as a of sec- applicable employment may not be performed in facilities used place with the practical problems in their everyday life, including the mak- tarian religious instruction employed under or worship. the program authorized result by this of such bill ing of purchases, meeting their transportation and housing needs, and citizenship, public assistance and social security benefits, and housing. complying with governmental requirements such as those for obtaining employment. of work will be provided and that persons employed in be lower are Project operators must assure that safe public con- Older not persons to be considered as Federal employees as and a healthy are provided for fiscal year 1973 through 1975. Authorizations of appropriations of such sums as may be necessary ditions under the bill will be paid wages which shall not established service whichever jobs is the highest of (a) the minimum wage State or local by minimum the wage; or (c) the prevailing rates of pay for persons than Fair Labor Standards Act; (b) the applicable employed SENIOR OPPORTUNITIES AND SERVICES (sos) Senior Opportunities and Services, authorized under the Equal Op- in public occupations by the same employer. similar is authorized to consult with the appropriate in agencies which dollar spent-the largest non-Federal share of any OEO program. grams. It has generated forty cents in local resources for every Federal portunity Act, has been one of the most successful anti-poverty pro- of State service projects are most needed, the types and the The Secretary and local governments to determine the localities of skills which The bill provides an additional $7 million authorization for each, community available eligible individuals in these localities, the local fiscal years 1973 and 1974. These funds would make possible an in- are projects among and numbers of eligible individuals in those crease in the number of SOS projects from 264 to 495 during fiscal potential The Secretary is further directed to encourage their 1973 and to 825 by fiscal 1974. This increase would provide services population. community service projects under this bill to conducted coordinate under with 700,000 now) and 2 million for fiscal 1974. for nearly 1.3 million elderly poor persons in fiscal 1973 (compared operating with existing programs of a related nature and activities the Economic Opportunity Act, the Manpower Development the strong intent of Congress to continue SOS as presently constituted, The Committee has included this provision to reaffirm once again Training Act, the Emergency Employment Act. The program in this title is modeled after the pilot program Mainstream. or of community service employment for older successfully workers mously successful programs. and not be subject to local community decisions to fund these enor- provided by the Department of Labor under Operation to the conducted Mainstream program-which was delegated of the Office of TITLE IX-OLDER AMERICANS COMMUNITY SERVICE EMPLOYMENT for contracts with private for the reorganization organiza- PROGRAM tions to establish community service employment programs This title establishes an Older American Community Service workers aged 55 or older. ployment program in the Department of Labor and authorizes em- the fiscal 1972, this program employed slightly over 5,000 thousands older appropriation of $50 million for fiscal year 1974 and $100 million for fiscal year 1975 for the purpose of funding programs under which workers who benefited from their services. President Nixon White In in such year activities and, through them, reached many acknowl- low-income persons of 55 years or older who have, or would have, diffi- of edged others the value of such programs in his speech to the 1971 culty in securing employment would be employed in community serv- House Conference on Aging, saying: ice activities. those of older Americans have found that their work Some which give older Americans a chance to serve. in of the best service programs for older Americans Thou- are The Secretary of Labor is authorized to enter into agreements with public or private nonprofit agencies or organizations, agencies of State or local governments, or Indian tribes on Federal or State reservations sands and churches, in parks, and in schools gives them to the a operating a project for the employment of such older persons in com- to provide for the payment of 90 percent of costs of establishing and hospitals new sense of pride and purpose even as it contributes lives of others. munity service activities. The Secretary is au thorized to pay 100 Federal programs to provide such opportunities level. have But or in an economically depressed area. cent of the cost of any project located in an emergency or disaster area per- proven we must move beyond this demonstration basis. phase remarkably successful at the demonstration and Community service activities which are designated as eligible for now establish these programs on a broader, national tional, library, recreational, and other similar services; conservation, participation by older workers include social, health, welfare, educa- the accolades the senior community service employment with suffi- maintenance, or restoration of natural resources; community better- projects cient resources to employ only a fraction of those eligible Despite have earned, they have continued on a pilot who basis are and ment or beautification; antipollution and environmental quality ef- forts; tial economic development; and such other services which are who have title indicated is intended a desire to provide to participate. the needed opportunities by Labor estab- to and necessary to the community as the Secretary, by regulation, essen- may prescribe. Employment authorized under the bill is limited to lishing This an identifiable program within the Department of 28 29 tion continue Mainstream. and expand upon the pilot program conducted under Opera- FORD National organizations such as those previously SECTION-BY-SECTION ANALYSIS gible acted to as sponsors of the Mainstream projects would named, that have TITLE I-DECLARATION OF OBJECTIVES under the participate. In view of the success that has continue been to be eli- ALD LIBRARY continued The participation pilot program by the these committee organizations. is hopeful that there achieved will be The Congress expanded the objectives contained in the original Older Americans Act of 1965 by placing emphasis on the need to make priority will be difficulty in securing other employment. who In have, or would dividuals have, aged 55 or older who have a low income to and aimed at in- program established herein will continue be comprehensive social service programs available to older Americans and to insure their participation in the development of these programs. program, the persons as those primarily to or be benefited In designating "low income" given to persons aged 60 older. addition, TITLE II-ADMINISTRATION ON AGING come level committee has avoided the designation of under this This title establishes the Administration on Aging and places it pilot It determining eligibility that has retaining the flexibility as a in condition of eligibility with a view toward any precise in- within the Office of the Secretary of Health, Education, and Welfare. AoA is headed by a Commissioner on Aging who is appointed by the dividual projects. an is not our intention that participation characterized be the President and confirmed by the Senate. The Administration on Aging designated having income that may be a few dollars in denied an in- is given primary responsibility for carrying out the programs author- go to projects poverty index; at the same time, priority in excess of some ized under this act. the greatest need eligibility for additional of individuals income. should go to those priority who have in determining serving primarily low income persons and funding should Language has also been included which is designed to protect the administrative integrity of the Administration on Aging so as to guarantee that AoA carries out the mandate prescribed by Congress the costs would be incurred in carrying out H.R. 71, as estimates follows: In accordance which with clause 7 of rule 13, the committee in this legislation. The legislation specifically states that the Commis- sioner shall be directly responsible to the Secretary and not to or through any other officer of the Department. The Commissioner's functions ESTIMATE OF COSTS may not be delegated unless a delegation plan is submitted to Congress [Dollars in millions] for approval. Title II also creates a "National Information and Resource Clearing- Fiscal year- house for the Aging" which is designed to collect, analyze, prepare 1973 1974 1975 1976 and disseminate information regarding the needs and interests of 1977 TITLE II older Americans. The bill authorizes $750,000 for fiscal year 1973; $1 National information and resource clearing house million for fiscal year 1974 and $1,250,000 for fiscal year 1975. $0.75 $1.00 TITLE III $1.25 In addition, title II contains a provision establishing a "Federal Area planning and social service programs Council on the Aging" which will be composed of 15 members ap- Model Planning, coordination, evaluation and administration 85.00 projects 150.00 20.00 200.00 pointed by the President and confirmed by the Senate. The Council 20.00 40.00 20.00 75.00 will assist and advise the President on matters relating to the needs Training TITLE IV 100.00 of older Americans; review and evaluate the impact of Federal policies Research and multidisciplinary centers of gerontology 11.00 15.00 15.00 20.00 25.00 and programs on the aging; serve as a spokesman on behalf of older TITLE V 30.00 Multipurpose senior centers Americans by making recommendations to the President, the Secretary Annual interest grants Personnel staffing grants 10.00 15.00 of Health, Education, and Welfare, the Commissioner on Aging, and 1.00 20.00 3.00 10.00 5.00 the Congress with respect to Federal activities in the field of aging; TITLE VI 10.00 RSVP 10.00 and undertake programs designed to increase public awareness of the Foster grandparent (and other community services) 20.00 30.00 40.00 problems and needs of our senior citizens. The Federal Council on the 41.00 TITLE VII 52.00 63.00 Aging will also undertake various studies designed to further clarify Nutrition program (authorized in Public Law 92-258) the specific needs of the elderly and recommend solutions to them, Subtotal with special emphasis on the impact of taxes of the elderly and trans- Amendments to other acts: 253.75 396.00 509.25 Older readers services portation. The act provides that for the purposes of administering the act, that Special elderly programs and projects relating to problems of the 11.70 12.90 (Title I-Higher Education Act) 12.00 13.7 13.7 there be authorized to be appropriated such sums as may be necessary. Senior Act) opportunities and services (Economic Opportunity 5.00 5.00 5.00 Title II also includes: 5.0 5.0 7.00 7.00 (a) provision for evaluation, not to exceed 1 percent of the TITLE IX Older American Community Service Employment Act funds appropriated under this act or $1 million whichever is Subtotal, other programs 50.00 100.00 Total 23.70 greater; (b) requirement that the Commissioner submit to the President 74.30 117.90 for transmittal to Congress a full and complete annual report; 277.45 470.30 627.15 18.7 18.7 FORD 30 31 LIBRARY (c) provision for joint funding of projects, with the Federal The sums appropriated will be allotted as follows: aging principally involved and designated to act for all in admin- (a) Each State is allotted an amount equal to one-half of 1 istering the funds provided; and percent of such sum. From the remainder, each State shall be (d) provision for advance funding. alloted an amount that bears the ratio to such remainder as the population aged 60 or over in such State bears to that population TITLE III-GRANTS FOR STATE AND COMMUNITY PROGRAMS ON AGING in all States. Guam, American Samoa, the Virgin Islands, and the Trust Territories are alloted an amount equal to one-fourth of 1 Under title III, the Administration on Aging will work with State percent. aging offices to develop a statewide plan for delivering social services (b) Beginning in fiscal year 1974 the formula will be based on to senior citizens. Each State may be divided into planning and population aged 60 and over in each State as it relates to that service areas which will bear the primary responsibility for developing population in all States except that no State will be alloted less the apparatus required to deliver social and nutritional services to the than one-half of 1 percent or one-fourth of 1 percent in the case of elderly. These area aging units are designed to coordinate existing the territories. In addition, no State shall be allotted an amount governmental services, purchase services, and/or provide services less than it received in fiscal year 1973. where they are otherwise unavailable. (c) Of each State's allotment not more than 15 percent will be Section 301 would substantially revise the present Title III State available for paying not more than 75 percent of the cost of the and Community grant program. The purpose of this new Title III administration and planning; no more than 20 percent thereof (Sec. 301) would be to encourage and assist State or local agencies to shall be available to pay not more than 75 percent of the cost concentrate resources in order to develop greater capacity for and of social services which are not provided as a part of a compre- foster the development of comprehensive and coordinated service sys- hensive and coordinated system. The remainder may be used to tems to serve older persons by entering into new cooperative arrange- pay not more than 90 percent of the cost of social services as a ments with each other and with providers of social services for plan- part of a comprehensive and coordinated system. ning for the provision of, and providing, social services and, where Sec. 304 provides that in order to participate in the program, the necessary, to reorganize or reassign functions, in order to State would designate a State agency as the sole State agency to -secure and maintain maximum independence and dignity in a develop the State plan and administer the State plan within the State. home environment for older persons capable of self-care with The State agency where appropriate would divide the entire State appropriate supportive services; and into distinct areas (referred to as planning and service areas). Any -remove individual and social barriers to economic and personal unit of general purpose local government which has an existing office independence for older persons. on aging and includes 25 percent of the State's population age sixty or Under the bill the term "social services" is defined to mean any of older would be designated as a planning and service area. the following services which meet such standards as the Commissioner The State agency would determine for which planning and service may prescribe areas an area plan would be developed and for each such area designate -health, continuing education, welfare, informational, recreational, a public or nonprofit private agency or organization as the area agency homemaker, counseling, or referral services on aging. -transportation services where necessary to facilitate access to An area plan on aging would be approved by the State agency and social services would- -services designed to encourage and assist older persons to use the -provide for the establishment of a comprehensive and coordinated facilities and services available to them system for the delivery of social services in the area; -services designed to assist older persons to obtain adequate -provide for the initiation, expansion, or improvement of social housing services in the area; -any other services if such services are necessary for the general -provide that the area agency would conduct periodic evaluations welfare of older persons. of activities and render technical assistance to providers of social The term "comprehensive and coordinated system" is defined to services in the area; and mean a system for providing all necessary social services in a manner -take into account the views of recipients of services. designed to SEC. 305 provides that an annual State plan would be submitted to -facilitate accessibility to and utilization of all social services pro- the commission which would- vided within the geographic area served by such system by any -provide that the State agency would evaluate the need for social public or private agency or organization. services within the State and determine the extent to which exist- -develop and make the most efficient use of social services in meet- ing public or private programs meet such need. ing the needs of older persons. -establish objectives toward which activities under the plan would -use available resources efficiently and with a minimum of dupli- be directed, and cation. -contain other provisions relating to State administration similar There is authorized to be appropriated $85 million for fiscal year to those in present law. 1973; $100 million for fiscal year 1974 and $200 million for fiscal year 1975 for area planning and provision of social services. 33 FORD 32 communities for the development and delivery of social and nutritional In addition, the State plan would services. The Commissioner on Aging may make grants or contracts to LIBRARY -provide that preference would be given, in establishing objec- tives under the State plan, to areas with large concentrations of pay up to 75 percent of the cost. Construction is to occur only where older persons. utilizing existing facilities is not feasible. There is authorized to be appropriated $10 million for the fiscal -provide for establishing and maintaining information and re- ferral sources in sufficient numbers that all older persons in the year ending June 30, 1973, $15 million for fiscal year 1974, and $20 State would have reasonably convenient access to such sources. million for fiscal year 1975. This title also provides for loan insurance for senior centers, annual The bill provides that the Commissioner may disburse funds with- interest grants (anything above 3 percent per annum-approval by held from a State that has failed to meet the requirements of the the Secretary required) and grant authorizations for staffing of such State plan directly to any public or nonprofit, private organization or agency or political subdivision of such State. centers. For initial staffing there is authorized to be appropriated $10 million Title III also provides funds to States based on population age 60 for 3 fiscal years beginning July 1, 1973 and ending June 30, 1975. and over with a proviso that no State will be allotted less than one-half of 1 percent of the sums appropriated or $200,000, whichever is greater TITLE VI-NATIONAL OLDER AMERICAN VOLUNTEER PROGRAM and that Guam, American Samoa, the Virgin Islands, and the Trust Territories shall be allotted no less than one-fourth of 1 percent of the This title expands and extends the authorization for the Foster sums appropriated or $50,000, whichever is greater for the purpose of Grandparents program and the Retired Senior Volunteer Program. planning, coordination, evaluation and administration of State plans. These programs, which were transferred to the ACTION agency in For this purpose there is authorized to be appropriated $20 million 1971 seek to involve Older Americans in a variety of programs designed for fiscal year 1973, $20 million for fiscal year 1974 and $20 million for to benefit persons, both children and adults, having exceptional needs. fiscal year 1975. There is authorized to be appropriated for the RSVP program $20 Provision is also made that any amount not used by a State agency million for fiscal year 1973; $30 million for fiscal year 1974 and $40 may be transferred to the area agency to cover part of the cost of the million for fiscal year 1975. area planning. For the ongoing Foster Grandparents program, there is authorized In addition, the Commissioner may fund "model projects" within to be appropriated $35 million for fiscal year 1973, $45 million for a State, giving special consideration to projects involving the housing fiscal year 1974 and $55 million for fiscal year 1975. needs of older persons, transportation needs, continuing education, For the expanded Foster Grandparents program such as care for preretirement information, special services to the handicapped and older persons and other persons with exceptional needs, there is au- employment opportunities. It is hoped that these model projects will thorized to be appropriated $6 million for fiscal year 1973; $7 million expand and improve the delivery of social services to older persons. for fiscal year 1974 and $8 million for fiscal year 1975. For the purpose of carrying out the model projects there is author- ized to be appropriated $40 million for fiscal year 1973, $75 million for TITLE VII-NUTRITION PROGRAM fiscal year 1974 and $100 million for fiscal year 1975. This title makes several minor conforming changes in the nutrition TITLE IV-TRAINING AND RESEARCH legislation which was passed earlier this year. The changes are pri- marily designed to produce greater coordination between nutrition The Commissioner on Aging may undertake programs designed to programs and the social service programs provided in title III. attract qualified persons into the field of aging and to provide training programs for personnel in this field. There is authorized to be appro- TITLE VIII-AMENDMENTS TO OTHER ACTS priated for these purposes $11 million for fiscal year 1973, $15 million for fiscal year 1974 and $20 million for fiscal year 1975. This provision amends the Library Services and Construction Act, The Commissioner on Aging is further authorized to make grants the National Commission on Libraries and Information Science Act, and contracts for research and development projects in the field of the Higher Education Act, the Adult Education Act and the Economic aging. There is also a provision for the establishment and support of Opportunity Act, SO as to provide expanded opportunities for older multidisciplinary centers of gerontology, which will assist in the Americans to participate in programs of continuing education. research and training programs as well as provide technical assistance There is authorized to be appropriated for Older Readers Services for State and local aging units. There is authorized to be appropriated under the Library Services and Construction Act $11,700,000 for for these purposes $15 million for fiscal year 1973, $25 million for fiscal fiscal year 1973; $12,300,000 for fiscal year 1974; $12,900,000 for fiscal year 1974 and $30 million for fiscal year 1975. year 1975 and $13,700,000 for fiscal year 1976. There is authorized to be appropriated for special programs and proj- TITLE V-MULTIPURPOSE SENIOR CENTERS ects under the Higher Education Act $5 million for fiscal year 1973 and each succeeding fiscal year prior to July 1, 1977. This title provides for the acquisition, alteration, renovation and construction of multipurpose senior centers to serve as a focal point in 90-716-73-5 FORD 34 35 projects (speech and reading) under the Adult Education Act such with reference to special needs and available at costs which (3) Suitable housing, independently selected, designed and located colder LIBRARY There is authorized to be appropriated for special educational sums as may be necessary for fiscal years 1973, 1974, and 1975. citizens can afford. There is authorized to be appropriated under the Economic Op- (4) Full restorative services for those who require institutional portunity Act (SOS program) $7 million for fiscal year 1973 and $7 million for fiscal year 1974. care. (5) Opportunity for employment with no discriminatory personnel practices because of age. TITLE IX-COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS (6) Retirement in health, honor, dignity-after years of contribu- tion to the economy. This title is designed to provide community service jobs for low- (7) Pursuit of meaningful activity within the widest range of income older Americans 55 years of age and older in the fields of civic, cultural, and recreational opportunities. education, social services, recreation services, conservation, environ- portation, which provide social assistance in a coordinated manner (8) Efficient community services, including access to low-cost trans- mental restoration, economic development, etc. The programs created by title IX are structured in such a way to draw upon the experiences and which are readily available when needed. of numerous pilot and demonstration projects conducted by the (9) Immediate benefit from proven research knowledge which can Department of Labor under its Operation Mainstream program. It is sustain and improve health and happiness. estimated that as many as 40,000 to 60,000 jobs could be created (10) Freedom, independence, and the free exercise of individual under the provisions of this title. initiative in planning and managing their own lives. There is authorized to be appropriated $50 million for fiscal year 1974 and $100 million for fiscal year 1975. DEFINITIONS CHANGES IN EXISTING Law MADE BY THE BILL, AS REPORTED SEC. 102. For the purposes of this Act- (1) The term "Secretary" means the Secretary of Health, Edu- In compliance with clause 3 of rule XIII of the Rules of the House cation, and Welfare; of Representatives, changes in existing law made by the bill, as reported, wise requires, the Commissioner of the Administration on Aging. (2) The term "Commissioner" means, unless the context other- are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, existing law in which no change is proposed is shown in roman): Virgin Islands, Puerto Rico, Guam, American Samoa, and the (3) The term "State" includes the District of Columbia, the Trust Territory of the Pacific Islands. OLDER AMERICANS ACT OF 1965 or organization means an agency, institution, or organization which (4) The term "nonprofit" as applied to any agency, institution, An Act To provide assistance in the development of new or improved programs is, or is owned and operated by one or more corporations or associa- to help older persons through grants to the States for community planning and services and for training, through research, development, or training project tions no part of the net earnings of which inures, or may lawfully grants, and to establish within the Department of Health, Education, and Wel- inure, to the benefit of any private shareholder or individual. fare an operating agency to be designated as the "Administration on Aging". TITLE II-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 be cited ESTABLISHMENT OF ADMINISTRATION ON AGING as the "Older Americans Act of 1965". [SEC. 201. (a) There is hereby established within the Department TITLE I-DCLARATION OF OBJECTIVES: DEFINITIONS of Health, Education, and Welfare an Administration to be known as the Administration on Aging (hereinafter referred to as the DECLARATION OF OBJECTIVES FOR OLDER AMERICANS "Administration"). (b) The Administration shall be under the direction of a Com- SEC. 101. The Congress hereby finds and declares that, in keeping missioner on Aging to be appointed by the President by and with with the traditional American concept of the inherent dignity of the the advice and consent of the Senate. individual in our democratic society, the older people of our Nation Sec. 201. (a) There is established in the Office of the Secretary an are entitled to, and it is the joint and several duty and responsibility Administration on Aging (hereinafter in this Act referred to as the of the governments of the United States and of the several States "Administration") which shall be headed by a Commissioner on Aging and their political subdivisions to assist our older people to secure (hereinafter in this Act referred to as the "Commissioner"). Except for equal opportunity to the full and free enjoyment of the following title VI and as otherwise specifically provided by the Comprehensive objectives: Older Americans Services Amendments of 1973, the Administration shall (1) An adequate income in retirement in accordance with the American standard of living. be the principal agency for carrying out this Act. In the performance of his (2) The best possible physical and mental health which science functions, he shall be directly responsible to the Secretary and not to or can make available and without regard to economic status. FORD 36 37 through any other officer of that Department. The Commissioner shall of programs for older persons as the Commissioner deemsnecessary LIBRARY not delegate any of his functions to any other officer who is not directly or proper for the development and implementation of policies related responsible to him unless he first submits a plan for such delegation to to the purposes of this Act; the Congress. Such delegation is effective at the end of the first period of (13) develop and operate programs providing services and op- thirty calendar days of continuous session of Congress after the date on portunities as authorized by this Act which are not otherwise pro- which the plan for such delegation is transmitted to it, unless between vided by existing programs for older persons; the day of transmittal and the end of the thirty-day period either House (14) carry on a continuing evaluation of the programs and ac- passes a resolution stating in substance that that House does not favor tivities related to the purposes of this Act, with particular attention such delegation. For the purpose of this section, continuity of session to the impact of medicare and medicaid, the Age Discrimination in is broken only by an adjournment of Congress sine die, and the days on Employment Act of 1967, and the programs of the National Housing which either House is not in session because of an adjournment of more Act relating to housing for the elderly and the setting of standards than three days to a day certain are excluded in the computation of the for the licensing of nursing homes, intermediate care homes, and thirty-day period. Under provisions contained in a reorganization plan, other facilities providing care for older people; a provision of the plan may be effective. (15) provide information and assistance to private nonprofit (b) The Commissioner shall be appointed by the President by and with the advice and consent of the Senate. organizations for the establishment and operation by them of pro- grams and activities related to the purposes of this Act; and (16) develop, in coordination with other agencies, a national plan FUNCTIONS OF OFFICE for meeting the needs for trained personnel in the field of aging, and SEC. 202. (a) It shall be the duty and function of the Administration for training persons for carrying out programs related to the pur- to- poses of this Act, and conduct and provide for the conducting of such (1) serve as a clearinghouse for information related to prob- lems of the aged and aging; (b) training. In executing his duties and functions under this Act and carrying (2) assist the Secretary in all matters pertaining to problems of out the programs and activities provided for by this Act, the Commissioner, the aged and aging; in consultation with the Director of Action, shall take all possible steps (3) administer the grants provided by this Act; to encourage and permit voluntary groups active in social services, in- (4) develop plans, conduct and arrange for research [and dem- cluding youth organizations active at the high school or college levels, to onstration programs in the field of aging] in the field of aging, and participate and be involved individually or through representative groups assist in the establishment of and carry out programs designed to in such programs or activities to the maximum extent feasible, through meet the needs of older persons for social services, including nutrition, the performance of advisory or consultative functions, and in other hospitalization, preretirement training, continuing education, low- appropriate ways. FEDERAL AGENCY COOPERATION cost transportation and housing, and health services; (5) provide technical assistance and consultation to States and SEC. 203. Federal agencies proposing to establish programs substantially political subdivisions thereof with respect to programs for the related to the purposes of this Act shall consult with the Administration aged and aging; on Aging prior to the establishment of such services, and Federal agencies (6) prepare, publish, and disseminate educational materials administering such programs shall cooperate with the Administration on dealing with the welfare of older persons; Aging in carrying out such services. (7) gather statistics in the field of aging which other Federal agencies are not collecting; [and] THE NATIONAL INFORMATION AND RESOURCE CLEARING HOUSE (8) stimulate more effective use of existing resources and avail- FOR THE AGING able services for the aged and aging[.] and (9) develop basic policies and set priorities with respect to the SEC. 204. (a) The Commissioner is authorized and directed to establish development and operation of programs and activities conducted and operate a National Information and Resource Clearing House for under authority of this Act; the Aging which shall- (10) provide for the coordination of Federal programs and activities (1) collect, analyze, prepare, and disseminate information related related to such purposes; to the needs and interests of older persons; (11) coordinate, and assist in, the planning and development by (2) obtain information concerning older persons from public and public (including Federal, State, and local agencies) and nonprofit private agencies and other organizations serving the needs and in- private organizations of programs for older persons, with a view terests of older persons and furnish, upon request, information to to the establishment of a nationwide network of comprehensive, co- such agencies and organizations, including information developed by ordinated services and opportunities for such persons; Federal, State, and local public agencies with respect to programs of (12) convene conferences of such authorities and officials of public such agencies designed to serve the needs and interests of older (including Federal, State, and local agencies) and nonprofit private organizations concerned with the development and operation persons; (3) encourage the establishment of State and local information centers and provide technical assistance to such centers, including FORD 39 "s 38 (3) review and evaluate, on a continuing basis, Federal policies LIBRARY sources established under section 304(c) (3) and section 305(a) (7), to assist older persons to have ready access to information; and regarding the aging and programs and other activities affecting the (4) carry out a special program for the collection and dissemination aging conducted or assisted by all Federal departments and agencies information relevant to consumer interests of older persons in order for the purpose of appraising their value and their impact on the lives that such older persons may more readily obtain information con- of older Americans; and cerning goods and services needed by them. (4) serve as a spokesman on behalf of older Americans by making (b) The Commissioner shall take whatever action is necessary to achieve recommendations to the President, to the Secretary, the Commissioner, coordination of activities carried out or assisted by all departments, and to the Congress with respect to Federal policies regarding the agencies, and instrumentalities of the Federal Government with respect aging and federally conducted or assisted programs and other ac- to the collection, preparation, and dissemination of information relevant tivities relating to or affecting them; to older persons. To the extent practicable, the Commissioner shall carry (5) inform the public about the problems and needs of the aging, in out his functions under this subsection through the National Information consultation with the National Information and Resource Clearing and Resource Clearing House for the Aging. House for the Aging, by collecting and disseminating information, (c) There are authorized to be appropriated to carry out the purposes conducting or commissioning studies and publishing the results of this section $750,000 for the fiscal year ending June 30, 1973, thereof, and by issuing publications and reports; and $1,000,000 for the fiscal year ending June 30, 1974, and $1,250,000 for (6) provide public forums for discussing and publicizing the prob- the fiscal year ending June 30, 1975. lems and needs of the aging and obtaining information relating thereto by conducting public hearings, and by conducting or sponsor- FEDERAL COUNCIL ON THE AGING SEC. 205. (a) There is established a Federal Council on the Aging to be (e) The Secretary and the Commissioner shall make available to the ing conferences, workshops, and other such meetings. composed of fifteen members appointed by the President with the advice Council such staff, information, and other assistance as it may require to and consent of the Senate for terms of three years without regard to the carry out its activities. provisions of title 5, United States Code. Members shall be appointed so (f) Beginning with the year 1974 the Council shall make such interim as to be representative of older Americans, national organizations with an reports as it deems advisable and an annual report of its findings and re- interest in aging, business, labor, and the general public. At least five of commendations to the President no later than March 31 of each year. The the members shall themselves be older persons. President shall transmit each such report to the Congress together with his (b) (1) Of the members first appointed, five shall be appointed for a term comments and recommendations. of one year, five shall be appointed for a term of two years, and five shall (g) The Council shall undertake a study of the interrelationships of be appointed for a term of three years, as designated by the President at benefit programs for the elderly operated by Federal, State, and local the time of appointment. government agencies. Following the completion of this study, the President (2) Any member appointed to fill a vacancy occurring prior to the shall submit to Congress no later than eighteen months after the enactment expiration of the term for which his predecessor was appointed shall be of this Act recommendations for bringing about greater uniformity of appointed only for the remainder of such term. Members shall be eligible eligibility standards, and for eliminating the negative impact that one for reappointment and may serve after the expiration of their terms until program's standards may have on another. their successors have taken office. (h) The Council shall undertake a study of the combined impact of all (3) Any vacancy in the Council shall not affect its powers, but shall be taxes on the elderly-including but not limited to income, property, sales, filled in the same manner by which the original appointment was made. and social security taxes. Upon completion of this study, but no later than (4) Members of the Council shall, while serving on business of the eighteen months after enactment of this Act, the President shall submit to Council, be entitled to receive compensation at a rate not to exceed the daily Congress, and to the Governors and legislatures of the States, the results rate specified for grade GS-18 in section 5332 of title 5, United States thereof and such recommendations as he deems necessary. Code, including traveltime, and while so serving away from their homes or (i) (A) The Council shall, after consultation with the Secretary of Trans- regular places of business, they may be allowed travel expenses, including portation and the Secretary of Housing and Urban Development, conduct per diem in lieu of subsistence, in the same manner as the expenses author- ized by section 5703(b) of title 5, United States Code, for persons in the Americans with emphasis upon solutions that are practical and can be a comprehensive study and survey of the transportation problems of older Government service employed intermittently. implemented in a timely fashion. In conducting the study and survey, the (c) The President shall designate the Chairman from among the members Council shall consider- appointed to the Council. The Council shall meet at the call of the Chairman (1) the use of all community transportation facilities, particularly but not less often than four times a year. The Secretary and the Commis- public transportation systems, the possible use of school buses, and sioner on Aging shall be ex officio members of the Council. excess Department of Defense vehicles; and (d) The Council shall- (2) the need for revised and imported procedures for obtaining motor vehicle insurance by older Americans to be implemented for use (1) advise and assist the President on matters relating to the special needs of older Americans; in a coordinated transportation system. (2) assist the Commissioner in making the appraisal of needs (B) Not later than June 30, 1975, the Council shall prepare and required by section 402; transmit to the Secretary, to the President, and to the Congress, a report 41 40 FORD on their findings and recommendations including a plan for implementa- such standards shall be included in the reports required by section 208. tion of improved transportation services for older Americans and recom- (c) In carrying out evaluations under this section, the Secretary shall, LIBRARY mendations for additional legislation, administrative and other measures whenever possible, arrange to obtain the opinions of program and project to provide solutions to the transportation problems of older Americans. participants about the strengths and weaknesses of the programs and (C) In carrying out the study and survey, the Council is authorized to- (i) procure temporary and intermittent services of experts and projects. (d) The Secretary shall annually publish summaries of the results of consultants in accordance with section 3109 of title 5, United States evaluative research and evaluation of program and project impact and Code, and effectiveness, the full contents of which shall be available to Congress (ii) secure directly from any executive department, bureau, agency, and the public. board, commission, office, independent establishment or instru- (e) The Secretary shall take the necessary action to assure that all mentality information, suggestions, estimates, and statistics for the studies, evaluations, proposals, and data produced or developed with purpose of this section; and each such department, bureau, agency, Federal funds shall become the property of the United States. board, commission, office, independent establishment or instru- (f) Such information as the Secretary may deem necessary for purposes of mentality, is authorized and directed to the extent permitted by law, the evaluations conducted under this section shall be made available to him, to furnish such information, suggestions, estimates, and statistics upon request, by the departments and agencies of the executive branch. drrectly to the Council upon request by them. (g) The Secretary is authorized to use such sums as may be required, but not to exceed 1 per centum of the funds appropriated under this Act, or ADMINISTRATION OF THE ACT $1,000,000, whichever is greater, to conduct program and project evalua- tions (directly, or by grants or contracts) as required by this title. In the SEC. 206. (a) In carrying out the purposes of this Act the Commissioner case of allotments from such an appropriation, the amount available for is authorized to: such allotments (and the amount deemed appropriated therefor) shall be (1) provide consultative services and technical assistance to public reduced accordingly. or nonprofit private agencies and organizations; REPORTS (2) provide short-term training and technical instruction; (3) conduct research and demonstrations; SEC. 208. Not later than one hundred and twenty days after the close (4) collect, prepare, publish, and disseminate special educational of each fiscal year, the Commissioner shall prepare and submit to the or informational materials, including reports of the projects for President for transmittal to the Congress a full and complete report on which funds are provided under this Act; and the activities carried out under this Act. Such annual reports shall (5) provide staff and other technical assistance to the Federal include statistical data reflecting services and activities provided individuals Council on the Aging. during the preceding fiscal year. (b) In administering his functions under this Act, the Commissioner JOINT FUNDING OF PROJECTS may utilize the services and facilities of any agency of the Federal Govern- ment and of any other public or nonprofit agency or organization, in SEC. 209. Pursuant to regulations prescribed by the President, and to accordance with agreements between the Commissioner and the head the extent consistent with the other provisions of this Act, where funds thereof, and to pay therefor, in advance or by way of reimbursement, as are provided for a single project by more than one Federal agency to an may be provided in the agreement. agency or organization assisted under this Act, the Federal agency (c) For the purpose of carrying out this section, there are authorized principally involved may be designated to act for all in administering to be appropriated such sums as may be necessary. the funds provided. ADVANCE FUNDING EVALUATION SEC. 210. (a) For the purpose of affording adequate notice of funding SEC. 207. (a) The Secretary shall measure and evaluate the impact of available under this Act, appropriations under this Act are authorized all programs authorized by this Act, their effectiveness in achieving stated to be included in the appropriation Act for the fiscal year preceding the goals in general, and in relation to their cost, their impact on related fiscal year for which they are available for obligation. programs, and their structure and mechanisms for delivery of services, (b) In order to effect a transition to the advance funding method including, where appropriate, comparisons with appropriate control of timing appropriation action, the amendment made by subsection (a) groups composed of persons who have not participated in such programs. shall apply notwithstanding that its initial application will result in the Evaluations shall be conducted by persons not immediately involved in enactment in the same year (whether in the same appropriation Act or the administration of the program or project evaluated. otherwise) of two separate appropriations, one for the then current (b) The Secretary may not make grants or contracts under section 308 fiscal year and one for the succeeding fiscal year. or title IV of this Act until he has developed and published general stand- ards to be used by him in evaluating the programs and projects assisted under such section or title. Results of evaluations conducted pursuant to 90-716-73-6 42 43 FORD TITLE III-GRANTS FOR STATE AND COMMUNITY PRO- to use such excess amounts for projects approved by the State during GRAMS ON AGING the period for which the original allotment was available. Such LIBRARY reallotments shall be made on the basis of the State plans SO approved, [authorization OF APPROPRIATIONS after taking into consideration the population aged sixty-five or over. [SEC. 301. The Secretary shall carry out during the fiscal year Any amount SO reallotted to a State shall be deemed part of its allot- ending June 30, 1966, and each of the six succeeding fiscal years, a ment under subsection (a). program of grants to States in accordance with this title. There are [(c) The allotment of any State under subsection (a) for any fiscal authorized to be appropriated $5,000,000 for the fiscal year ending year shall be available for grants to pay part of the cost of projects in June 30, 1966, $8,000,000 for the fiscal year ending June 30, 1967, such State described in section 301 and approved by such State (in $10,550,000 for the fiscal year ending June 30, 1968, $16,000,000 for accordance with its State plan approved under section 303) prior to the fiscal year ending June 30, 1969, $20,000,000 for the fiscal year the end of such year or, in the case of allotments for the fiscal year ending June 30, 1970, $25,000,000 for the fiscal year ending June 30, ending June 30, 1966, prior to July 1, 1967. To the extent permitted 1971, and $30,000,000 for the fiscal ending June 30, 1972 for- by the State's allotment under this section such payments with [(1) community planning and coordination of programs for respect to any project shall equal such percentage of the cost of any carrying out the purposes of this Act; project as the State agency (designated or established pursuant to [(2) demonstrations of programs or activities which are par- section 303(a)(1)) may provide but not in excess of 75 per centum of ticularly valuable in carrying out such purposes; the cost of such project for the first year of the duration of such project, [(3) training of special personnel needed to carry out such pro- 60 per centum of such cost for the second year of such project, and 50 grams and activities; and per centum of such cost for the third and any subsequent year of such [(4) Establishment of new or expansion of existing programs to project. carry out such purposes, including establishment of new or expan- [STATE PLANS sion of existing centers providing recreational and other leisure time activities, and informational, health, welfare, counseling, [Sec. 303. (a) The Secretary shall approve a State plan for pur- and referral services for older persons and assisting such persons poses of this title which- in providing volunteer community or civic services; except that [(1) establishes or designates a single State agency as the sole agency for administering or supervising the administration of the no costs of construction, other than for minor alterations and repairs, shall be included in such establishment or expansion. plan, which agency shall be the agency primarily responsible for coordination of State programs and activities related to the pur- [ALLOTMENTS poses of this Act; [(2) provides for such financial participation by the State or [SEC. 302. (a) (1) From the sum appropriated for a fiscal year communities with respect to activities and projects under the under section 301 (A) the Virgin Islands, Guam, American Samoa plan as the Secretary may by regulation prescribe in order to and the Trust Territory of the Pacific Islands shall be allotted an assure continuation of desirable activities and projects; amount equal to one-half of 1 per centum of such sum and (B) each [(3) provides for development of programs and activities for other State shall be allotted an amount equal to 1 per centum of such carrying out the purposes of this Act, including the furnishing of sum. consultative, technical, or information services to public or non- [(2) From the remainder of the sum SO appropriated for a fiscal profit private agencies and organizations engaged in activities year each State shall be allotted an additional amount which bears relating to the special problems or welfare of older persons; the same ratio to such remainder as the population aged sixty-five [(4) provides for statewide planning, coordination, and evalu- or over in such State bears to the population aged sixty-five or over in ation of programs and activities related to the purposes of this all of the States, as determined by the Secretary on the basis of the Act in accordance with criteria established by the Secretary after most recent information available to him, including any relevant data consultation with representatives of the State agencies established furnished to him by the Department of Commerce. or designated as provided in clause (1); [(3) A State's allotment for a fiscal year under this section shall be [(5) provides for consultation with and utilization, pursuant to equal (2). to the sum of the amounts allotted to it under paragraphs (1) and agreement with the head thereof, of the services and facilities of appropriate State or local public or nonprofit private agencies and [(b) The amount of any allotment to a State under subsection (a) organizations in the administration of the plan and in the develop- for any fiscal year which the Secretary determines will not be required ment of such programs and activities; for grants with respect to projects in the State under this section shall [(6) provides such methods of administration (including meth- be reallotted from time to time, on such dates as the Secretary may ods relating to the establishment and maintenance of personnel fix, to other States which the Secretary determines (1) have need in standards on a merit basis, except that the Secretary shall exercise carrying out their State plans SO approved for sums in excess of those no authority with respect to the selection, tenure of office, and previously allotted to them under subsection (a) and (2) will be able compensation of any individual employed in accordance with such methods) as are necessary for the proper and efficient operation of the plan; 44 FORD 45 [(7) sets forth principles for determining the priority of proj- ects in the State, and provides for approval of such projects in the Supreme Court of the United States upon certiorari or certification as LIBRARY order determined by application of such principles; provided in section 1254 of title 28, United States Code. The com- [(8) provides for approval of projects of only public or non- mencement of proceedings under this subsection shall not, unless so profit private agencies or organizations and for an opportunity specifically ordered by the court, operate as a stay of the Secretary for a hearing before the State agency for any applicant whose action. application for approval of a project is denied; and [(9) provides that the State agency will make such reports to [PLANNING, COORDINATION, AND EVALUATION AND ADMINISTRATION the Secretary, in such form and containing such information, as OF STATE PLANS may reasonably be necessary to enable him to perform his func- tions under this title and will keep such records and afford such [Sec. 304. (a) There are authorized to be appropriated $5,000,000 access thereto as the Secretary may find necessary to assure the each for the fiscal year ending June 30, 1970, and the next two fiscal correctness and verification of such reports. years for making grants to each State, which has a State plan approved [The Secretary shall not finally disapprove any State plan, or under this title, to pay such percentage, not in excess of 75 per centum, modification thereof submitted under this section without first any as the State agency (established or designated as provided in section affording the State reasonable notice and opportunity for a hearing. 303(a)(1)) may provide, of the costs of planning, coordinating, and [(b) Whenever the Secretary, after reasonable notice and evaluating programs and activities related to the purposes of this tunity for hearing to the State agency administering or superivsing oppor- Act and of administering the State plan approved under this title. the administration of a State plan approved under subsection (a), Funds appropriated pursuant to the preceding sentence for the fiscal finds that- years ending June 30, 1970, and June 30, 1971, but not expended [(1) the State plan has been SO changed that it no longer com- because a State did not have authority under State law to expend plies with the provisions of subsection (a), or such funds, as determined by the Secretary pursuant to paragraph [(2) in the administration of the plan there is a failure to (4) of subsection (b) of this section, shall remain available as provided comply substantially with any such provision, the Secretary shall in such paragraph. notify such State agency that no further payments will be made [(b)(1) From the sum appropriated for a fiscal year under sub- to the State under this title (or, in his discretion, that further pay- section (a), the Virgin Islands, Guam, the Trust Territory of the ments to the State will be limited to projects under or portions of Pacific Islands, and American Samoa shall be allotted an amount the State plan not affected by such failure), until he is satisfied equal to one-half of 1 per centum of such sum or $25,000, whichever that there will no longer be any failure to comply. Until he is so is greater, and each other State shall be allotted an amount equal to satisfied, no further payments shall be made to such State under 1 per centum of such sum. this title (or payments shall be limited to projects under or por- [(2) From the remainder of the sum SO appropriated for a fiscal tions of the State plan not affected by such failure). year each State shall be allotted an additional amount which bears under subsection (a) or (b) may appeal to the United States court of [(c) A State which is dissatisfied with a final action of the Secretary 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 appeals for the circuit in which the State is located, by filing a petition in all of the States, as determined by the Secretary on the basis of with such court within sixty days after such final action. A copy of the the most recent information available to him, including any relevant petition shall be forthwith transmitted by the clerk of the court to the data furnished to him by the Department of Commerce. Secretary, or any officer designated by him for that purpose. The [(3) A State's allotment for a fiscal year under this section shall Secretary thereupon shall file in the court the record of the proceedings be equal to the sum of the amounts allotted to it under paragraphs on which he based his action, as provided in section 2112 of title 28, (1) and (2); except that if such sum is for any State, other than United States Code. Upon the filing of such petition, the court shall the Virgin Islands, Guam, the Trust Territory of the Pacific Islands, have jurisdiction to affirm the action of the Secretary or to set it aside, and American Samoa, less than $75,000 it shall be increased to that in whole or in part, temporarily or permanently, but until the filing of amount, the total of the increases thereby required being derived by the record, the Secretary may modify or set aside his order. The find- proportionately reducing such sum for each of the remaining States ings of the Secretary as to the facts, if supported by substantial (except the Virgin Islands, Guam, the Trust Territory of the Pacific evidence, shall be conclusive, but the court, for good cause shown, may Islands, and American Samoa), but with such adjustments as may be remand the case to the Secretary to take further evidence, and the necessary to prevent such sum for any of such remaining States from Secretary may thereupon make new or modified findings of fact and being reduced to less than $75,000. may modify his previous action, and shall file in the court the record [(4) In any case in which a State does not have authority under of the further proceedings. Such new or modified findings of fact shall State law to expend the full amount of its allotment under this sub- likewise be conclusive if supported by substantial evidence. The section in the fiscal year ending June 30, 1970, the amount of such judgment of the court affirming or setting aside, in whole or in part, allotment which the Secretary determines the State did not have any action of the Secretary shall be final, subject to review by the such authority to expend during a part of that fiscal year shall remain available to such State until June 30, 1971, subject to reallotment after June 30, 1970, in accordance with the provisions of subsection (c) 47 FORD 46 of this section, except as provided by the following sentence. In any case in which a State does not have authority under State law to such installments, as the Secretary may determine.] underpayments) in advance or by way of reimbursement, GERA and in LIBRARY expend the full amount of its allotment under this subsection, includ- PURPOSE ing any amount available pursuant to the preceding sentence, in the fiscal year ending June 30, 1971, the amount of such allotment which SEC. 301. It is the purpose of this title to encourage and assist State the Secretary determines the State did not have such authority to and local agencies to concentrate resources in order to develop greater expend during a part of that fiscal year shall remain available to such capacity and foster the development of comprehensive and coordinated State until June 30, 1972, subject to reallotment after June 30, 1971, service systems to serve older persons by entering into new cooperative in accordance with the provisions of subsection (c) of this section. arrangements with each other and with providers of social services for [(c) The amount of any allotment to a State under subsection planning for the provision of, and providing, social services and, where (b) for any fiscal year which the Secretary determines will not be necessary, to reorganize or reassign functions, in order to- required (i) for meeting the costs in such State referred to in sub- (1) secure and maintain maximum independence and dignity in section (a) and (ii) for the purposes set forth in paragraph (4) of a home environment for older persons capable of self-care with appro- subsection (b) shall be reallotted from time to time, on such dates as priate supportive services; and the Secretary may fix, to other States which the Secretary determines (2) remove individual and social barriers to economic and personal (1) have need in meeting the costs referred to in subsection (a) for independence for older persons. sums in excess of those previously allotted to them under subsection (b) and (2) will be able to use such excess amounts for meeting such DEFINITIONS costs during any period for which the allotment is available. Such reallotments shall be made on the basis of such need and ability, after SEC. 302. For purposes of this title- taking into consideration the population aged sixty-five or over. Any (1) The term "social services" means any of the following services amount SO reallotted to a State shall be deemed part of its allotment which meet such standards as the Commissioner may prescribe: under subsection (b). (A) health, continuing education, welfare, informational, rec- [(d) The allotment of any State under subsection (b) for any fiscal reational, homemaker, counseling, or referral services; year shall be available for payments pursuant to this section to State (B) transportation services where necessary to facilitate access to agencies which have provided reasonable assurance that there will be social services; expended for the purposes for which such payments are made, for the (C) services designed to encourage and assist older persons to use year for which such payments are made and from funds from State the facilities and services available to them; sources, not less than the amount expended for such purposes from (D) services designed to assist older persons to obtain adequate such funds for the fiscal year ending June 30, 1969. housing; (E) services designed to assist older persons in avoiding instititional- [AREAWIDE MODEL PROJECTS ization, including preinstitutionalization evaluation and screening, and home health services; or [Sec. 305. (a) The Secretary is authorized, upon such terms as (F) any other services; he may deem appropriate, to make grants to or contracts with if such services are necessary for the general welfare of older persons. State agencies established or designated as provided in section (2) The term "unit of general purpose local government" means (A) a 303(a)(1) to pay not to exceed 75 per centum of the cost of the devel- political subdivision of the State whose authority is broad and general opment and operation of statewide, regional, metropolitan area, and is not limited to only one function or a combination of related functions, county, city, or other areawide model projects, for carrying out the or (B) an Indian tribal organization. purposes of this title, to be conducted by such State agencies (directly (3) The term "comprehensive and coordinated system" means a system or through contract real arrangements). Such projects shall provide for providing all necessary social services in a manner designed to- services for, or create opportunities for, older persons, and shall be (A) facilitate accessibility to and utilization of all social services in fields of service and for categories of older persons determined provided within the geographic area served by such system by any in accordance with regulations prescribed by the Secretary after public or private agency or organization; consultation with representatives of such State agencies. (B) develop and make the most efficient use of social services in [(b) There are authorized to be appropriated to carry out this meeting the needs of older persons; and section $5,000,000 for the fiscal year ending June 30, 1970, and (C) use available resources efficiently and with a minimum of $10,000,000 each for the fiscal year ending June 30, 1971, and the duplication. fiscal year ending June 30, 1972. AREA PLANNING AND SOCIAL SERVICE PROGRAMS [PAYMENTS SEC. 303. (a) There are authorized to be appropriated $85,000,000 [SEC. 306. Payments under this title may be made (after neces- for the fiscal year ending June 30, 1973, $150,000,000 for the fiscal sary adjustment on account of previously made overpayments or year ending June 30, 1974, and $200,000,000 for the fiscal year ending 48 49 FORD June 30, 1975, to enable the Commissioner to make grants to each State as such agency determines, but not more than 75 per centum, of the with a State plan approved under section 305 for paying part of the cost cost of administration of area plans; and (pursuant to subsection (e) of this section) of- (2) such amount as the State agency determines, but notmore than LIBRARY (1) the administration of area plans by area agencies on aging 20 per centum thereof, shall be available for paying such percentage designated pursuant to section 304(a)(2) (A), including the prep- as such agency determines, but not more than 75 per centum of the aration of area plans on aging consistent with section 304(c) and cost of social services which are not provided as a part of a compre- the evaluation of activities carried out under such plans; and hensive and coordinated system in planning and service areas for (2) the development of comprehensive and coordinated systems which there is an area plan approved by the State agency. for the delivery of social services. The remainder of such allotment shall be available to such State only for (b) (1) From the sums authorized to be appropriated for the fiscal year paying such percentage as the State agency determines, but not more than ending June 30, 1973 under subsection (a) of this section, (A) Guam, 90 per centum of the cost of social services provided in the State as a part American Samoa, the Virgin Islands, and the Trust Territory of the of comprehensive and coordinated systems in planning and service areas Pacific Islands shall each be allotted an amount equal to one-fourth of 1 for which there is an area plan approved by the State agency. per centum of such sum, (B) each other State shall be allotted an amount ORGANIZATION equal to one-half of 1 per centum of such sum, and (C) from the remainder of the sum so appropriated, each State shall be allotted an additional State Organization amount which bears the same ratio to such remainder as the population aged sixty or over in such State bears to the population aged sixty or over SEC. 304. (a) In order for a State to be eligible to participate in the in all States. programs of grants to States from allotments under section 303 and sec- (2) From the sums appropriated for the fiscal year ending June 30, tion 306- 1974, and for the fiscal year ending June 30, 1975, each State shall be (1) the State shall, in accordance with regulations of the Commis- allotted an amount which bears the same ratio to such sum as the population sioner, designate a State agency as the sole State agency (hereinafter aged sixty or over in such State bears to the population aged sixty or over in this title referred to as "the State agency") to: (A) develop the in all States, except that (A) no State shall be allotted less than one- State plan to be submitted to the Commissioner for approval under half of 1 per centum of the sum appropriated for the fiscal year for which section 305, (B) administer the State plan within such State, (C) the determination is made; (B) Guam, American Samoa, the Virgin be primarily responsible for the coordination of all State activities Islands, and the Trust Territory of the Pacific Islands shall each be related to the purposes of this Act, (D) review and comment on, at allotted no less than one-fourth of 1 per centum of the sum appropriated the request of any Federal department or agency, any application for the fiscal year for which the determination is made; and (C) no State from any agency or organization within such State to such Federal shall be allotted an amount less than that State received for the fiscal department or agency for assistance related to meeting the needs of year ending June 30, 1973. For the purpose of the exception contained older persons; and (E) divide the entire State into distinct areas in clause (A) of this paragraph only, the term "State" does not include (hereinafter in this title referred to as "planning and service areas"), Guam, American Samoa, the Virgin Islands, and the Trust Territory of after considering the geographical distribution of individuals aged the Pacific Islands. sixty and older in the State, the incidence of the need for social (3) The number of persons aged sixty or over in any State and in all services (including the numbers of older persons with low incomes States shall be determined by the Commissioner on the basis of the most residing in such areas), the distribution of resources available to recent and satisfactory data available to him. provide such services, the boundaries of existing areas within the (c) Whenever the Commissioner determines that any amount allotted to a State which were drawn for the planning or administration of social State for a fiscal year under this section will not be used by such State for services programs, the location of units of general purpose local carrying out the purpose for which the allotment was made, he shall make government within the State, and any other relevant factors: Provided, such amount available for carrying out such purpose to one or more other That any unit of general purpose local government which has a States to the extent he determines such other States will be able to use such population aged sixty or over of fifty thousand or more or which additional amount for carrying out such purpose. Any amount made avail- contains 15 per centum or more of the State's population aged sixty able to a State from an appropriation for a fiscal year pursuant to the or over shall be designated as a planning and service area and the preceding sentence shall, for purposes of this title, be regarded as part of State may include in any planning and service area designated pur- such State's allotment (as determined under the preceding provisions of suant to this proviso such additional areas adjacent to the unit of this section) for such year. general purpose local government so designated as the State deter- (d) The allotment of a State under this section for the fiscal year ending mines to be necessary for the effective administration of the programs June 30, 1973, shall remain available until the close of the following authorized by this title, and fiscal year. (2) the State agency designated pursuant to paragraph (1) shall- (e) From a State's allotment under this section for a fiscal year- (A) determine for which planning and service areas an area (1) such amount as the State agency determines, but not more than plan will be developed, in accordance with subsection (c) of this 15 per centum thereof, shall be available for paying such percentage section, and for each such area designate, after consideration 50 51 FORD of the views offered by the unit or units of general purpose (3) provide for the establishment and maintenance of information local government in such area, a public or nonprofit private and referral sources in sufficient numbers to assure that all older LIBRARY agency or organization as the area agency on aging for such persons within the planning and service area covered by the plan area; and will have reasonably convenient access to such sources. For purposes (B) provide assurances satisfactory to the Commissioner that of this section and section 305 (a) (7), an information and referral the State agency will take into account, in connection with sources is a location where the State or other public or private agency matters of general policy arising in the development and ad- or organization (A) maintains current information with respect to ministration of the State plan for any fiscal year, the views of the opportunities and services available to older persons, and develops recipients of social services provided under such plan. current lists of older persons in need of services and opportunities, and (B) employs a specially trained staff to inform older persons of Area Organization the opportunities and services which are available, and assists such persons to take advantage of such opportunities and services; and (b) An area agency on aging designated under subsection (a) must (4) provide that the area agency on aging will- be- (A) conduct periodic evaluations of activities carried out pur- (1) an established office on aging which is operating within a suant to the area plan; planning and service area designated pursuant to subsection (a) of (B) render appropriate technical assistance to providers of this section, or social services in the planning and service area covered by the (2) any office or agency of a unit of general purpose local govern- area plan; ment, which is designated for this purpose by the chief elected official (C) where necessary and feasible, enter into arrangements, or officials of such unit, or consistent with the provisions of the area plan, under which (3) any office or agency designated by the chief elected official or funds under this title may be used to provide legal services to officials of a combination of units of general purpose local government older persons in the planning and service area carried out through to act on behalf of such combination for this purpose, or federally assisted programs or other public or nonprofit agencies; (4) any public or nonprofit private agency in a planning and (D) take into account, in connection with matters of general service area which is under the supervision or direction for this pur- policy arising in the development and administration of the pose of the designated State agency and which can engage in the plan- area plan, the views of recipients of services under such plan; ning or provision of a broad range of social services within such (E) where possible, enter into arrangements with organiza- planning and service area, tions providing day care services for children so as to provide and must provide assurance, found adequate by the State agency, that it opportunities for older persons to aid or assist, on a voluntary will have the ability to develop an area plan and to carry out, directly or basis, in the delivery of such services to children; and through contractual or other arrangements, a program pursuant to the plan (F) establish an advisory council, consisting of representatives within the planning and service area. In designating an area agency on of the target population and the general public, to advise the area aging, the State agency shall give preferenace to an established office on agency on all matters relating to the administration of the plan aging, unless the State agency finds that no such office within the planning and operations conducted thereunder. and service area will have the capacity to carry out the area plan. STATE PLANS Area Plans SEC. 305. (a) In order for a State to be eligible for grants for a fiscal (C) In order to be approved by the State agency, an area plan for a year from its allotments under section 303 and section 306, except as planning and service area shall be developed by the area agency on aging provided in section 307(a), it shall submit to the Commissioner a State designated with respect to such area under subsection (a) and shall- plan for such year which meets such criteria as the Commissioner may (1) provide for the establishment of a comprehensive and coordi- prescribe by regulation and which- nated system for the delivery of social services within the planning and (1) provides that the State agency will evaluate the need for social service area covered by the plan, including determining the need for services within the State and determine the extent to which existing social services in such area (taking into consideration, among other public or private programs meet such need; things, the numbers of older persons with low incomes residing in such (2) provides for the use of such methods of administration (in- area), evaluating the effectiveness of the use of resources in meeting cluding methods relating to the establishment and maintenance of such need, and entering into agreements with providers of social personnel standards on a merit basis, except that the Commissioner services in such area, for the provision of such services to meet such shall exercise no authority with respect to the selection, tenure of need; office, or compensation of an individual employed in accordance with (2) in accordance with criteria established by the Commissioner by such methods) as are necessary for the proper and efficient adminis- regulation relating to priorities, provide for the initiation, expansion, tration of the plan; or improvement of social services in the planning and service area (3) provides that the State agency will make such reports, in such covered by the area plan; form, and containing such information, as the Commissioner may 52 53 FORD from time to time require, and comply with such requirements as the Commissioner may impose to assure the correctness of such reports; with such court within sixty days after such final action. A copy of the (4) provides that the State agency will conduct periodic evaluations petition shall be forthwith transmitted by the clerk of the court to the LIBRARY of activities and projects carried out under the State plan; Commissioner, or any officer designated by him for that purpose. The (5) establishes objectives, consistent with the purposes of this title, Commissioner thereupon shall file in the court the record of the proceedings toward which activities under the plan will be directed, identifies on which he based his action, as provided in section 2112 of title 28, obstacles to the attainment of those objectives, and indicates how it United States Code. Upon the filing of such petition, the court shall have proposes to overcome those obstacles; jurisdiction to affirm the action of the Commissioner or to set it aside, (6) provides that each area agency on aging designated pursuant in whole or in part, temporarily or permanently, but until the filing of to section 304 (A) will develop and submit to the State agency the record, the Commissioner may modify or set aside his order. The for approval an area plan which complies with section 304(c); findings of the Commissioner as to the facts, if supported by substantial (7) provides for establishing and maintaining information and evidence, shall be conclusive, but the court, for good cause shown, may referral sources in sufficient numbers to assure that all older persons remand the case to the Commissioner to take further evidence, and the in the State who are not furnished adequate information and referral Commissioner may thereupon make new or modified findings of fact and sources under section 304(c)(3) will have reasonably convenient may modify his previous action, and shall file in the court the record of access to such sources; the further proceedings. Such new or mod fied findings of fact shall likewise (8) provides that no social service will be directly provided by the be conclusive if supported by substantial evidence. The judgment of the State agency or an area agency on aging, except where, in the judg- court affirming or setting aside, in whole or in part, any action of the ment of the State agency, provision of such service by the State Commissioner shall be final, subject to review by the Supreme Court of agency or an area agency on aging is necessary to assure an adequate the United States upon certiorari or certification as provided in section supply of such service; and 1254 of title 28, United States Code. The commencement of proceedings (9) provides that preference shall be given to persons aged sixty or under this subsection shall not, unless so specifically ordered by the court, over for any staff positions (full time or part time) in State and area operate as a stay of the Commissioner's action. agencies for which such persons qualify. PLANNING, COORDINATION, EVALUATION, AND ADMINISTRATION OF (b) The Commissioner shall approve any State plan which he finds STATE PLANS fulfills the requirements of subsection (a) of this section. (c) The Commissioner shall not make a final determination disapproving SEC. 306. (a) (1) There are authorized to be appropriated $20,000,000 any State plan, or any modification thereof, or make a final determination or the fiscal year ending June 30, 1973, $20,000,000 for the fiscal year that a State is ineligible under section 304, without first affording the nding June 30, 1974, and $20,000,000 for the fiscal year ending June 30, State reasonable notice and opportunity for a hearing. 1975, to make grants to States for paying such percentages as each State (d) Whenever the Commissioner, after reasonable notice and opportunity agency determines, but not more than 75 per centum, of the cost of the for hearing to the State agency, finds that- administration of its State plan, including the preparation of the State (1) the State is not eligible under section 304, plan, the evaluation of activities carried out under such plan, the collection (2) the State plan has been so changed that it no longer complies of data and the carrying out of analyses related to the need for social with the provisions of subsection (a), or services within the State, the dissemination of information so obtained, (3) in the administration of the plan there is a failure to comply the provision of short-term training to personnel of public or nonprofit substantially with any such provision of subsection (a), private agencies and organizations engaged in the operation of programs the Commissioner shall notify such State agency that no further payments authorized by this Act, and the carrying our of demonstration projects from its allotments under section 303 and section 306 will be made to the of statewide significance relating to the initiation, expansion, or improve- State (or, in his discretion, that further payments to the State will be ment of social service. limited to projects under or portions of the State plan not affected by such (2) Any sums allotted to a State under this section for covering part of failure), until he is satisfied that there will no longer be any failure to the cost of the administration of its State plan which the State determines comply. Until he is so satisfied, no further payments shall be made to such is not needed for such purpose may be used by such State to supplement State from its allotments under section 303 and section 306 (or payments the amount available under section 303(e)(1) to cover part of the cost of shall be limited to projects under or portions of the State plan not affected the administration of area plans. by such failure). The Commissioner shall, in accordance with regulations (b) (1) From the sums appropriated for any fiscal year under sub- he shall prescribe, disburse the funds so withheld directly to any public or section (a) of this section, each State shall be allotted an amount which nonprofit private organization or agency or political subdivision of such bears the same ratio to such sum as the population aged sixty or over in State submitting an approved plan in accordance with the provisions of such State bears to the population aged sixty or over in all States, except section 304 and section 306. Any such payment or payments shall be that (A) no State shall be allotted less than one-half of 1 per centum of the matched in the proportions specified in sections 303 and 306. sum appropriated for the fiscal year for which the determination is made, or (e) A State which is dissatisfied with a final action of the Commissioner $200,000, whichever is greater, and (B) Guam, American Samoa, the under subsection (b), (c), or (d) may appeal to the United States court Virgin Islands, and the Trust Territory of the Pacific Islands shall each of appeals for the circuit in which the ,State is located, by filing a petition be allotted no less than one-fourth of 1 per centum of the sum appropriated for the fiscal year for which the determination is made, or $50,000, which- 54 55 FORD ever is greater. For the purpose of the exception contained in clause (A) to their homes which are necessary for them to meet minimum stand- of this paragraph, the term "State" does not include Guam, American ards, (B) studying and demonstrating methods of adapting existing LIBRARY Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands. housing, or construction of new housing, to meet the needs of older (2) The number of persons aged sixty or over in any State and in all persons suffering from physical disabilities, and (C) demonstrating States shall be determined by the Commissioner on the basis of the most alternative methods of relieving older persons of the burden of real recent satisfactory data available to him. property taxes on their homes; (c) The amount of any State's allotment under subsection (b) for any (2) improve the transportation services available to older persons fiscal year which the Commissioner determines will not be required for by (A) establishing special transportation subsystems for older that year shall be reallotted, from time to time and on such dates during persons or similar groups with similar mobility restrictions, (B) such year as the Commissioner may fix, to other States in proportion to providing portal-to-portal service and demand actuated services, the original allotments to such States under subsection (b) for that year, (C) payment of subsidies to transportation systems to enable them but with such proportionate amount for any of such other States being to provide transportation services to older persons on a reduced rate reduced to the extent it exceeds the sum the Commissioner estimates such basis, with special emphasis on transportation necessary to enable State needs and will be able to use for such year; and the total of such older persons to obtain health services, (D) payments directly to older reductions shall be similarly reallotted among the States whose propor- persons to enable them to obtain reasonable and necessary transpor- tionate amounts were not so reduced. Such reallotments shall be made on tation services, (E) programs to study the economic and service the basis of the State plan so approved, after taking into consideration aspects of transportation for older persons living in urban or rural the population aged sixty or over. Any amount reallotted to a State under areas, and (F) programs to study transportation and social service this subsection during a year shall be deemed part of its allotment under delivery interface; subsection (b) for that year. (3) meet the needs of unemployed low-income older persons who (d) The allotment of a State under this section for the fiscal year ending are unable, because of physical condition, obsolete or inadequate June 30, 1973, shall remain available until the close of the following skills, declining economic conditions, or other causes of a lack of fiscal year. employment opportunity to secure appropriate employment, which will PAYMENTS enable such persons to participate in projects for public service in such fields as environmental quality, health care, education, public SEC. 307. (a) Payments of grants or contracts under this title may be safety, crime prevention and control, prison rehabilitation, transpor- made (after necessary adjustments on account of previously made over- tation, recreation, maintenance of parks, streets, and other public payments or underpayments) in advance or by way of reimbursement, facilities, solid waste removal, pollution control, housing and neigh- and in such installments, as the Commissioner may determine. From a borhood improvements, rural development, conservation, beautifica- State's allotment for a fiscal year which is available pursuant to section tion, and other fields of human betterment and community im- 306 the Commissioner may advance to a State which does not have a provement; State plan approved under section 305 such amounts as he deems appro- (4) provide continuing education to older persons designed to priate for the purpose of assisting such State in developing a State plan. enable them to lead more productive lives by broadening the educational, (b) Beginning with the fiscal year ending June 30, 1975, not less than cultural, or social awareness of such older persons, emphasizing, 25 per centum of the non-Federal share (pursuant to section 303(e)) of where possible, free tuition arrangements with colleges and universities; the total expenditure under the State plan shall be met from funds from (5) provide preretirement education, information, and relevant State or local public sources. services (including the training of personnel to carry out such pro- (c) A State's allotment under section 303 for a fiscal year shall be re- grams and the conducting of research with respect to the development duced by the percentage (if any) by which its expenditures for such year and operation of such programs) to persons planning retirement; or from State sources under its State plan approved under section 305 are (6) provide services to assist in meeting the particular needs of the less than its expenditures from such sources for the preceding fiscal year. physically and mentally impaired older persons including special MODEL PROJECTS transportation and escort services, homemaker, home health, and shopping services, reader services, letterwriting services, and other SEC. 308. (a) The Commissioner may, after consultation with the State services designed to assist such individuals in leading a more in- agency, make grants to any public or nonprofit private agency or organiza- dependent life; or encourage older Americans with skills and experi- tion or contracts with any agency or organization within such State for pay- ence in trades and industry to be employed as aides in the vocational ing part or all of the cost of developing or operating statewide, regional, and industrial arts departments of our secondary schools. metropolitan area, county, city, or community model projects which will (b) For the purpose of carrying out this section, there are authorized to expand or improve social services or otherwise promote the well-being of be appropriated $40,000,000 for the fiscal year ending June 30, 1973, older persons. In making grants and contracts under this section, the $75,000,000 for the fiscal year ending June 30, 1974, and $100,000,000 Commissioner shall give special consideration to projects designed to- for the fiscal year ending June 30, 1975. (1) assist in meeting the special housing needs of older persons by (A) providing financial assistance to such persons, who own their own homes, necessary to enable them to make the repairs and renovations 56 57 FORD [TITLE IV-RESEARCH AND DEVELOPMENT PROJECTS [(a) the specialized training of persons employed or preparing for employment in carrying out programs related to the purposes LISBERY [PROJECT GRANTS of this Act and the development of curriculums for such training; [(b) the conduct of studies of the need for trained personnel to [Sec. 401. The Secretary is authorized to carry out the purposes carry out such programs; of this Act through grants to any public or nonprofit private agency, [(c) the preparation and dissemination of materials, including organization, or institution and contracts with any agency, organiza- audiovisual materials and printed materials, for use in recruitment tion, or institution or with any individual- and training of such personnel; [(a) to study current patterns and conditions of living of older [(d) the conduct of conferences and other meetings for the persons and identify factors which are beneficial or detrimental purposes of facilitating exchange of information and stimualting to the wholesome and meaningful living of such persons; new approaches with respect to activities related to the purposes [(b) to develop or demonstrate new approaches, techniques, of this title; and and methods (including multipurpose centers) which hold promise [(e) the publication and distribution of information concerning of substantial contribution toward wholesome and meaningful studies, findings, and other materials developed in connection with living for older persons; activities under this title. [(c) to develop or demonstrate approaches, methods, and tech- niques for achieving or improving coordination of community [PAYMENT OF GRANTS services for older persons; [(d) to evaluate these approaches, techniques, and methods, as [SEC. 502. (a) To the extent he deems it appropriate, the Secretary well as others which may assist older persons to enjoy wholesome shall require the recipient of any grant or contract under this title to and meaningful living and to continue to contribute to the strength contribute money, facilities, or services for carrying out the project for and welfare of our Nation; which such grant or contract was made. [(e) to collect and disseminate, through publications and other [(b) Payments under this title pursuant to a grant or contract may appropriate means, information concerning research findings, be made (after necessary adjustment, in the case of grants, on account demonstration results, and other materials developed in connec- of previously made overpayments or underpayments) in advance or tion with activities assisted under this title; or by way of reimbursement, and in such installments and on such [(f) to conduct conferences and other meetings for the purposes conditions, as the Secretary may determine. of facilitating exchange of information and stimulating new [(c) The Secretary shall make no grant or contract under this title approaches with respect to activities related to the purposes of in any State which has established or designated a State agency for this title. purposes of section 303(a)(1) unless the Secretary has consulted with [PAYMENTS OF GRANTS such State agency regarding such grant or contract. [SEC. 402. (a) To the extent he deems it appropriate, the Secre- [STUDY OF NEED FOR TRAINED PERSONNEL tary shall require the recipient of any grant or contract under this title to contribute money, facilities, or services for carrying out [SEC. 503. (a) The Secretary is authorized to undertake, directly the project for which such grant or contract was made. or by grant or contract, a study and evaluation of the immediate [(b) Payments under this title pursuant to a grant or contract and foreseeable need for trained personnel to carry out programs may be made (after necessary adjustment, in the case of grants, on related to the objectives of this Act, and of the availability and account of previously made overpayments or underpayments) in adequacy of the educational and training resources for persons pre- advance or by way of reimbursement, and in such installments and paring to work in such programs. On or before March 31, 1968, he on such conditions, as the Secretary may determine. shall make a report to the President and to the Congress, of his findings [(c) The Secretary shall make no grant or contract under this and recommendations resulting from such study, including whatever title in any State which has established or designated a State agency specific proposals, including legislative proposals, he deems will assist for purposes of section 303(a)(1) unless the Secretary has consulted in insuring that the need for such trained specialists will be met. with such State agency regarding such grant or contract. [(b) In carrying out this section the Secretary shall consult with the Advisory Committee on Older Americans, the President's Council [TITLE V-TRAINING PROJECTS on Aging, appropriate Federal agencies, State and local officials, and such other public or nonprofit private agencies, organizations, or in- [PROJECT GRANTS stitutions as he deems appropriate to insure that his proposals under [Sec. 501. The Secretary is authorized to make grants to any public subsection (a) reflect national requirements. or nonprofit private agency, organization, or institution, and contracts with any agency, organization, or institution for- 58 59 FORD TITLE IV-TRAINING AND RESEARCH of persons employed or preparing for employment in carrying out programs related to the purposes of this Act. PART A-TRAINING GERA LIBRARY TRAINING PROGRAMS FOR PERSONNEL IN THE FIELD OF AGING STATEMENT OF PURPOSE Sec. 404. (a) The Commissioner may make grants to any public or SEC. 401. The purpose of this part is to improve the quality of service nonprofit private agency, organization, or institution or with State agen- and to help meet critical shortages of adequately trained personnel for cies referred to in section 304, or contracts with any agency, organization, programs in the field of aging by (1) developing information on the actual or institution, to assist them in training persons who are employed or needs for personnel to work in the field of aging, both present and long preparing for employment in fields related to the purposes of this Act- range; (2) providing a broad range of quality training and retraining (1) to assist in covering the cost of courses of training or study opportunities, responsive to changing needs of programs in the field of (including short-term or regular session institutes and other inservice aging; (3) attracting greater number of qualified persons into the field of and preservice training programs), aging; and (4) helping to make personnel training programs more respon- (2) for establishing and maintaining fellowships to train persons swe to the need for trained personnel in the field of the aging. to be supervisors or trainers of persons employed or preparing for employment in fields related to the purposes of this Act, APPRAISING PERSONNEL NEEDS IN THE FIELD OF AGING (3) for seminars, conferences, symposiums, and workshops in the SEC. 402. (a) The Commissioner shall from time to time appraise the field of aging, including the conduct of conjerences and other meetings. Nation's existing and future personnel needs in the field of aging, at all for the purposes of facilitating exchange of information and stimulat- levels and in all types of programs, and the adequacy of the Nation's efforts ing new approaches with respect to activities related to the purposes of this Act, to meet these needs. In developing information relating to personnel needs in the field of aging, the Commissioner shall consult with, and make maxi- (4) for the improvement of programs for preparing personnel for mum utilization of statistical and other related information of the Depart- careers in the field of aging, including design, development, and ment of Labor, the Veterans' Administration, the Office of Education, evaluation of exemplary training programs, introduction of high Federal Council on the Aging, the National Foundation on the Arts and quality and more effective curriculums and curricular materials, and Humanities, State educational agencies, other State and local public (5) the provision of increased opportunities for practical experience. (b) The Commissioner may include in the terms of any contract or agencies and offices dealing with problems of the aging, State employment grant under this part provisions authorizing the payment, to persons security agencres, and other appropriate public and private agencies. (b) The Commissioner shall prepare and publish annually as a part of participating in training programs supported under this part, of such the annual report provided in section 208 a report on the professions deal- stipends (including allowances for subsistence and other expenses for such persons and their dependents) as he determines to be consistent ing with the problems of the aging, in which he shall present in detail his view on the state of such professions and the trends which he discerns with with prevailing practices under comparable federally supported programs. respect to the future complexion of programs for the aging throughout the Where the Commissioner provides for the use of funds under this section. Nation and the funds and the needs for well-educated personnel to staff for fellowships, he shall (in addition to stipends for the recipients) such programs. The report shall indicate the Commissioner's plans con- pay to colleges or universities in which the fellowship is being pursued such amounts as the Commissioner shall determine to be consistent with cerning the allocation of Federal assistance under this title in relation to prevailing practices under comparable federally supported programs. the plans and programs of other Federal agencies. PART B-RESEARCH AND DEVELOPMENT PROJECTS ATTRACTING QUALIFIED PERSONS TO THE FIELD OF AGING DESCRIPTION OF ACTIVITIES SEC. 403. The Commissioner may make grants to State agencies referred to in section 304, State or local educational agencies, institutions of higher SEC. 411. The Commissioner may make grants to any public or non- education, or other public or nonprofit private agencies, organizations, or profit private agency, organization, or institution and contracts with any institutions, and he may enter into contracts with any agency, institution, agency, organization, or institution or with any individual for the or organization for the purpose of- purpose of- (1) publicizing available opportunities for careers in the field of (1) studying current patterns and conditions of living of older aging; persons and identifying factors which are beneficial or detrimental (2) encouraging qualified persons to enter or reenter the field of to the wholesome and meaningful living of such persons; aging; (2) developing or demonstrating new approaches, techniques, and (3) encouraging artists, craftsmen, artisans, scientists, and per- methods (including the use of multipurpose centers) which hold sons from other professions and vocations and homemakers, to under- promise of substantial contribution toward wholesome and meaning-- take assignments on a part-time basis or for temporary periods in ful living for older persons; the field of aging; or (3) developing or demonstrating approaches, methods, and tech- (4) preparing and disseminating materials, including audiovrsual niques for achieving or improving coordination of community services: materials and printed materials, for use in recruitment and training for older persons; FORD 60 61 'y (4) evaluating these approaches, techniques, and methods, as PART D-AUTHORIZATION OF APPROPRIATIONS well as others which may assist older persons to enjoy wholesome and GERALD LISBARY meaningful lives and to continue to contribute to the strength and AUTHORIZATION welfare of our Nation; (5) collecting and disseminating, through publications and other SEC. 431. (a) There are authorized to be appropriated for the purposes appropriate means, information concerning research findings, of carrying out part A of this title $11,000,000 for the fiscal year ending demonstration results, and other materials developed in connection June 30, 1973, $15,000,000 for the fiscal year ending June 30, 1974, and with activities assisted under this part; or $20,000,000 for the fiscal year ending June 30, 1975. (6) conducting conferences and other meetings for the purposes of (b) There are authorized to be appropriated for the purpose of carrying facilitating exchange of information and stimulating new approaches out the provisions of part B and part C of this title $15,000,000 for the with respect to activities related to the purposes of this part. fiscal year ending June 30, 1973, $25,000,000 for the fiscal year ending June 30, 1974, and $30,000,000 for the fiscal year ending June 30, 1975. PART C-MULTIDISCIPLINARY CENTERS OF GERONTOLOGY PAYMENTS OF GRANTS SEC. 421. The Commissioner may make grants to public and private nonprofit agencies, organizations, and institutions for the purpose of es- SEC. 432. (a) To the extent he deems it appropriate, the Commissioner tablishing or supporting multidisciplinary centers of gerontology. A grant shall require the recipient of any grant or contract under this title to con- may be made under this section only if the application therefor- tribute money, facilities, or services for carrying out the project for which (1) provides satisfactory assurance that the applicant will expend such grant or contract was made. the full amount of the grant to establish or support a multidisciplinary (b) Payments under this part pursuant to a grant or contract may be center of gerontology which shall- made (after necessary adjustment, in the case of grants, on account of (A) recruit and train personnel at the professional and sub- previously made overpayments or underpayments) in advance or by way of professional levels, reimbursement, and in such installments and on such conditions, as the (B) conduct basic and applied research on work, leisure, and Commissioner may determine. education of older people, living arrangements of older people, (c) The Commissioner shall make no grant or contract under this title social services for older people, the economics of aging, and other in any State which has established or designated a State agency for pur- related areas, poses of title III of this Act unless the Commissioner has consulted with (C) provide consultation to public and voluntary organiza- such State agency regarding such grant or contract. tions with respect to the needs of older people and in planning and developing services for them, TITLE V-MULTIPURPOSE SENIOR CENTERS (D) serve as a repository of information and knowledge with respect to the areas for which it conducts basic and applied PART A-CONSTRUCTION OF MULTIPURPOSE SENIOR CENTERS research, (E) stimulate the incorporation of information on aging into CONSTRUCTION PROJECTS the teaching of biological, behavioral, and social sciences at col- SEC. 501. In order to provide a focal point in communities for the de- leges or universities, (F) help to develop training programs on aging in schools of velopment and delivery of social services and nutritional services designed primarily for older persons, the Commissioner may make grants to units social work, public health, health care administration, education, and in other such schools at colleges and universities, and of general purpose local government or other public or nonprofit private (G) create opportunities for innovative, multidisciplinary agencies or organizations and may make contracts with any agency or organization to pay not to exceed 75 per centum of the cost of leasing, efforts in teaching, research, and demonstration projects with altering, or renovating existing facilities to serve as multipurpose senior respect to aging; centers (including the initial equipment of such facilities), and, where (2) provides for such fiscal control and fund accounting procedures utilizing existing facilities is not feasible, not to exceed 75 per centum of as may be necessary to assure proper disbursement of and accounting the cost of constructing new public or nonprofit private multipurpose for funds paid to the applicant under this section; and senior centers. Facilities assisted by grants or contracts under this part (3) provides for making such reports, in such form and containing shall be in close proximity to the majority of individuals eligible to use such information, as the Commissioner may require to carry out his functions under this section, and for keeping such records and for the multipurpose senior center, and within walking distance where affording such access thereto as the Commissioner may find necessary possible, except that the total payments made pursuant to such grants or contracts in any State for any fiscal year shall not exceed 10 per centum to assure the correctness and verification of such reports. of the total amount appropriated for the year for the purposes of carrying out this part. FORD 62 63 & LIBRARY REQUIREMENTS FOR APPROVAL OF APPLICATIONS (a) the owner of the facility ceases to be a public or nonprofit private agency or organization, or SEC. 502. (a) A grant or contract for construction under this part (b) the facility shall cease to be used for the purposes for which it may be made only if the application therefor is approved by the Com- was constructed (unless the Commissioner determines, in accordance missioner upon his determination that- with regulations, that there is good cause for releasing the applicant or (1) the application contains is supported by reasonable assur- other owner from the obligation to do so), ances that (A) for not less than ten years after completion of con- the United States shall be entitled to recover from the applicant or other struction, the facility will be used for the purposes for which it is owner of the facility an amount which bears to the then value of the facility to be constructed, (B) sufficient funds will be available to meet the (or so much thereof as constituted an approved project or projects) the non-Federal share of the cost of constructing the facility, and same ratio as the amount of such Federal funds bore to the cost of the (C) sufficient funds will be available, when construction is completed, facility financed with the aid of such funds. Such value shall be determined for effective use of the facility for the purpose for which it is being by agreement of the parties or by action brought in the United States dis- constructed; trict court for the district in which such facility is situated. (2) the application contains or is supported by reasonable assur- ances that there are no exisiting facilities in the community suitable AUTHORIZATION OF APPROPRIATIONS for leasing as a multipurpose senior center, and that there are no exist- ing facilities in the community which could be altered or renovated SEC. 505. (a) There is authorized to be appropriated for the purpose of to serve such a purpose; making grants or contracts under section 501, $10,000,000 for the fiscal (3) the plans and specifications are in accordance with regulations year ending June 30, 1973, $15,000,000 for the fiscal year ending June relating to minimum standards of construction and equipment; and 30, 1974, and $20,000,000 for the fiscal year ending prior to July 1, 1975. (4) the application contains or is supported by adequate assurance (b) Sums appropriated for any fiscal year under subsection (a) of this that any laborer or mechanic employed by any contractors or sub- section and remaining unobligated at the end of such year shall remain contractors in the performance of work on the construction of the available for such purpose for the next fiscal year. facility will be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of MORTGAGE INSURANCE FOR MULTIPURPOSE SENIOR CENTERS Labor in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a-276a5). The Secretary of Labor shall have, with Sec. 506. (a) It is the purpose of this section to assist and encourage the respect to the labor standards specified in this paragraph, the authority provision of urgently needed facilities for programs for the elderly. and functions set forth in Reorganization Plan Numbered 14 of 1950 (b) For the purpose of this part the terms "mortgage", "mortgagor", (15 F.R. 3176; 64 Stat. 1267), and section 2 of the Act of June 13, "mortgagee", "maturity date", and "State" shall have the meanings re- 1934, as amended (40 U.S.C. 276c). spectively set forth in section 207 of the National Housing Act. (b) In making grants or contracts under this part, the Commissioner (c) The Secretary of Health, Education, and Welfare is authorized to shall- insure any mortgage (including advances on such mortgage during con- (1) give preference to the construction of multipurpose senior struction) in accordance with the provisions of this section upon such centers in areas where there is being developed a comprehensive and terms and conditions as he may prescribe and make commitments for in- coordinated system under title III of this Act; and surance of such mortgage prior to the date of its execution or disbursement (2) consult with the Secretary of Housing and Urban Develop- thereon. ment with respect to the technical adequacy of any proposed con- (d) In order to carry out the purpose of this section, the Secretary is struction. authorized to insure any mortgage which covers a new multipurpose senior PAYMENTS center, including equipment to be used in its operation, subject to the fol- lowing conditions: SEC. 503. Upon approval of any application for a grant or contract (1) The mortgage shall be executed by a mortgagor, approved under this part, the Commissioner shall reserve, from any appropriation by the Secretary, who demonstrates ability successfully to operate available therefor, the amount of such grant or contract; the amount so re- one or more programs for the elderly. The Secretary may in his served may be paid in advance of by way of reimbursement, and in such discretion require any such mortgagor to be regulated or restricted installments consistent with construction progress, as the Commissioner as to minimum charges and methods of financing, and, in addition may determine. The Commissioner's reservation of any amount under this thereto, if the mortgagor is a corporate entity, as to capital structure section may be amended by him, either upon approval of an amendment of and rate of return. As an aid to the regulation or restriction of any the application or upon revision of the estimated cost of construction of the mortgagor with respect to any of the foregoing matters, the Secretary facility. may make such contracts with and acquire for not to exceed $100 RECAPTURE OF PAYMENTS such stock or interest in such mortgagor as he may deem necessary. Any stock or interest so purchased shall be paid for out of the Multi- SEC. 504. If, within ten years after completion of any construction purpose Senior Center Insurance Fund, and shall be redeemed by for which funds have been paid under this part- the mortgagor at par upon the termination of all obligations of the Secretary under the insurance. 65 FORD 64 out all the insurance provisions of this section. All mortgages insurde LIBRARY (2) The mortgage shall involve a principal obligation in an under this section shall be insured under and be the obligation of the amount not to exceed $250,000 and not to exceed 90 per centum of the estimated replacement cost of the property or project, including Multipurpose Senior Center Insurance Fund. (2) The general expenses of the operations of the Department of Health, equipment to be used in the operation of the multipurpose senior Education, and Welfare relating to mortgages insured under this section center, when the proposed improvements are completed and the may be charged to the Multipurpose Senior Center Insurance Fund. equipment is installed. (3) Moneys in the Multipurpose Senior Center Insurance Fund not (3) The mortgage shall- (A) provide for complete amortization by periodic payments needed for the current operations of the Department of Health, Education, and Welfare with respect to mortgages insured under this section shall within such term as the Secretary shall prescribe, and be deposited with the Treasurer of the United States to the credit of such (B) bear interest (exclusive of premium charges for insurance fund, or invested in bonds or other obligations of, or in bonds or other and service charges, if any) at not to exceed such per centum obligations guaranteed as to principal and interest by, the United States. per annum on the principal obligation outstanding at any time The Secretary may, with the approval of the Secretary of the Treasury, as the Secretary finds necessary to meet the mortgage market. purchase in the open market debentures issued as obligations of the Multi- (4) The Secretary shall not insure any mortgage under this section unless he has determined that the center to be covered by the mortgage purpose Senior Center Insurance Fund. Such purchases shall be made at a price which will provide an investment yield of not less than the yield will be in compliance with minimum standards to be prescribed by obtainable from other investments authorized by this section. Debentures the Secretary. so purchased shall be canceled and not reissued. (5) In the plans for such Multipurpose Senior Center, due con- (4) Premium charges, adjusted premium charges, and appraisal and sideration shall be given to excellence of architecture and design, other fees received on account of the insurance of any mortgage under this and to the inclusion of works of art (not representing more than 1 per section, the receipts derived from property covered by such mortgages and centum of the cost of the project). from any claims, debts, contracts, property, and security assigned to the (e) The Secretary shall fix and collect premium charges for the insurance Secretary in connection therewith, and all earnings as the assets of the of mortgages under this section which shall be payable annually in advance fund, shall be credited to the Multipurpose Senior Center Insurance by the mortgagee, either in cash or in debentures of the Multipurpose Senior Center Insurance Fund (established by subsection (h)) issued Fund. The principal of, and interest paid and to be paid on, debentures at par plus accrued interest. In the case of any mortgage such charge which are the obligation of such funds, cash insurance payments and adjustments, and expenses incurred in the handling, management, shall be not less than an amount equivalent to one-fourth of 1 per centum renovation, and disposal of properties acquired, in connection with per annum nor more than an amount equivalent to 1 per centum per annum mortgages insured under this section, shall be charged to such fund. of the amount of the principal obligation of the mortgage outstanding at (5) There are authorized to be appropriated to provide initial capital any one time, without taking into account delinquent payments or pre- for the Multipurpose Senior Center Insurance Fund, and to assure the payments. In addition to the premium charge herein provided for, the soundness of such fund thereafter, such sums as may be necessary. Secretary is authorized to charge and collect such amounts as he may deem reasonable for the appraisal of a property or project during con- ANNUAL INTEREST GRANTS struction; but such charges for appraisal and inspection shall not aggre- gate more than 1 per centum of the original principal face amount of SEC. 507. (a) To assist nonprofit agencies to reduce the cost of borrow- the mortgage. ing from other sources for the construction of facilities, the Secretary may (f) The Secretary may consent to the release of a part or parts of the make annual interest grants to such agencies. mortgaged property or project from the lien of any mortgage insured under (b) Annual interest grants under this section with respect to any facility this section upon such terms and conditions as he may prescribe. shall be made over a fixed period not exceeding forty years, and provision for (g) (1) The Secretary shall have the same functions, powers, and duties such grants shall be embodied in a contract guaranteeing their payment (insofar as applicable) with respect to the insurance of mortgages under over such period. Each such grant shall be in an amount not greater than this section as the Secretary of Housing and Urban Development has with the difference between (1) the average annual debt service which would be respect to the insurance of mortgages under title II of the National required to be paid, during the life of the loan, on the amount borrowed Housing Act. from other sources for the construction of such facilities, and (2) the average (2) The provisions of subsections (e), (g), (h), (i), (j), (k), (l), and (n) annual debt service which the institution would have been required to pay, of section 207 of the National Housing Act shall apply to mortgages during the life of the loan, with respect to such amounts if the applicable insured under this section; except that, for the purposes of their application interest rate were 3 per centum per annum: Provided, That the amount on with respect to such mortgages, all references in such provisions to the which such grant is based shall be approved by the Secretary. General Insurance Fund shall be deemed to refer to the Multipurpose (c) (1) There are hereby authorized to be appropriated to the Secretary Senior Center Insurance Fund, and all references in such provisions to such sums as may be necessary for the payment of annual interest grants "Secretary" shall be deemed to refer to the Secretary of Health, Education, in accordance with this section. and Welfare. (2) Contracts for annual interest grants under this section shall not be (h) (1) There is hereby created a Multipurpose Senior Center Insurance entered into in an aggregate amount greater than is authorized in appro- Fund which shall be used by the Secretary as a revolving fund for carrying FORD 66 67 & priation Acts; and in any event the total amount of annual interest grants designated pursuant to section 303(a)(1)) or grants to or contracts LIBRARY in any year pursuant to contracts entered into under this section shall not with other public and nonprofit private agencies and organizations exceed $1,000,000, which amount shall be increased by $3,000,000 on to pay part or all of the costs for the development or operation, July 1, 1974, and by $5,000,000 on July 1, 1975. both, of volunteer service programs under this section, if he determines (d) Not more than 12½ per centum of the funds provided for in this in accordance with such regulations as he may prescribe that- section for grants may be used within any one State. (1) volunteers shall not be compensated for other than trans- portation, meals, and other out-of-pocket expenses incident to PART B-INITIAL STAFFING OF MULTIPURPOSE SENIOR CENTERS their services; (2) only individuals aged sixty or over will provide services in PERSONNEL STAFFING GRANT PROGRAM AUTHORIZED the program (except for administrative purposes), and such serv- ices will be performed in the community where such individuals SEC. 511. (a) For the purpose of assisting in the establishment and reside or in nearby communities either (a) on publicly owned and initial operation of multipurpose senior centers the Commissioner may, operated facilities or projects, or (b) on local projects sponsored in accordance with the provisions of this part, make grants to meet, for the by private nonprofit organizations (other than political parties), temporary periods specified in this part, all or part of the costs of com- other than projects involving the construction, operation, or pensation of professional and technical personnel for the initial operation maintenance of so much of any facility used or to be used for of new multipurpose senior centers and for the delivery of social services sectarian instruction or as a place for religious worship; established therein. (3) the program will not result in the displacement of employed (b) Grants for such costs of any center under this title may be made workers or impair existing contracts for services; only for the period beginning with the first day of the first month for which (4) the program includes such short-term training as may be such grant is made and ending with the close of three years after such first necessary to make the most effective use of the skills and talents day. Such grants with respect to any center may not exceed 75 per centum of those individuals who are participating, and provides for the of such costs for the first year of the.project, 662/3 per centum of such costs payment of the reasonable expenses of trainees; for the second year of the project, and 50 per centum of such costs for the (5) the program is being established and will be carried out third year of the project. with the advice of persons competent in the field of service being (c) In making such grants, the Secretary shall take into account the staffed, and of persons with interest in and knowledge of the needs relative needs of the several States for community centers for senior citizens, of older persons; and their relative financial needs, and their population of persons over sixty (6) the program is coordinated with other related Federal and years of age. State programs. (d) For the purpose of this part, there are authorized to be appropriated (b) Payments under this part pursuant to a grant or contract $10,000,000 for the fiscal year ending June 30, 1973, and for each of the may be made (after necessary adjustment, in the case of grants, on next two succeeding fiscal years. account of previously made overpayments or underpayments) in advance or by way of reimbursement, in such installments and on DEFINITIONS such conditions, as the Secretary may determine. (c) The Secretary shall not award any grant or contract under SEC. 512. For purposes of this title- this part for a project in any State to any agency or organization (1) the term "multipurpose senior center" means a community unless, if such State has a State agency established or designated facility for the organization and provision of a broad spectrum of pursuant to section 303(a)(1), such agency is the recipient of the services (including provision of health, social, and educational award or such agency has had not less than sixty days in which to services and provision of facilities for recreational activities) for review the project application and make recommendations thereon. older persons. (d) Notwithstanding any other provision of law, no compensation (2) the term "cost of construction" includes the cost of architects' provided to individual volunteers under this part shall be considered in- fees and acquisition of land in connection with construction, but does come for any purpose whatsoever. not include the cost of offsite improvements. AUTHORIZATION OF APPROPRIATIONS TITLE VI-NATIONAL OLDER AMERICANS VOLUNTEER PROGRAM SEC. 603. There are authorized to be appropriated, for grants or contracts under this part, $5,000,000 for the fiscal year ending June PART A-RETIRED SENIOR VOLUNTEER PROGRAM 30, 1970, $10,000,000 for the fiscal year ending June 30, 1971, and $15,000,000 for the fiscal year ending June 30, 1972, and $20,000,000 GRANTS AND CONTRACTS FOR VOLUNTEER SERVICE PROJECTS or the fiscal year ending June 30, 1973, $30,000,000 for the fiscal year ending June 30, 1974, and $40,000,000 for the fiscal year ending June SEC. 601. (a) In order to help retired persons to avail themselves 30, 1975. of opportunities for voluntary service in their community, the Sec- retary is authorized to make grants to State agencies (established or FORD 68 69 [PART B-]FOSTER GRANDPARENT PROGRAM AND OLDER AMERICANS supported by satisfactory assurance that the project has been COMMUNITY SERVICE PROGRAMS developed, and will to the extent appropriate be conducted in SEC. 611. (a) The [Secretary] Commissioner is authorized to make consultation with, or with the participation of, such agency. grants to or contracts with public and nonprofit private agencies (3) The Secretary shall not award a grant or contract under this and organizations to pay [not to exceed 90 per centum] part or all title which involves a project proposed to be undertaken entirely in a of the cost of the development and operation of projects designed to community served by a community action agency unless— provide opportunities for low-income persons aged sixty or over to (A) such agency is the applicant for such grant or contract or, render supportive person-to-person services in health, education, if not, such agency has been afforded a reasonable opportunity to welfare, and related settings to children having exceptional needs, apply for and receive such award and to administer or supervise including services as "Foster Grandparents" to children receiving the administration of the project; and care in hospitals, homes for dependent and neglected children, or (B) in cases in which such agency is not the grantee or contrac- other establishments providing care for children with special needs. tor (including cases to which subparagraph (A) applies but in [The Director of ACTION may approve assistance in excess of which such agency has not availed itself of the opportunity to 90 per centum of the cost of the development and operation of such apply for and receive such award), the application contains or is projects if he determines, in accordance with regulations establishing supported by satisfactory assurance that the project has been objective criteria, that such action is required in furtherance of the developed, and will to the extent appropriate be conducted in con- purposes of this section. sultation with, or with the participation of, such agency; and (b) The Commissioner is also authorized to make grants or contracts (C) if such State has a State agency established or designated to carry out the purposes described in subsection (a) in the case of persons pursuant to section 303(a)(1), such agency has had not less than (other than children) having exceptional needs, including services as 45 days in which to review the project application and make "senior health aides" to work with persons receiving home health care recommendations thereon. and nursing care, and as "senior companions" to persons having devel- (b) The term "community action agency" as used in this section, opmental disabilities. means a community action agency established under title II of the [(b)] (c) Payments under this part pursuant to a grant or contract Economic Opportunity Act of 1964. may be made (after necessary adjustment in the case of grants, on account of previously made overpayments or underpayments) INTERAGENCY COOPERATION in advance or by way of reimbursement, in such installments and on such [conditions, as the Secretary] conditions as the Commissioner SEC. 613. In administering this part, the [Secretary] Commissioner shall consult with the Office of Economic Opportunity, the [Depart- may determine. (d) Notwithstanding any other provision of law, no compensation ment of Labor, Departments of Labor and Health, Education, and provided to individual volunteers under this part shall be considered Welfare and any other Federal agencies administering relevant pro- гпсоте for any purpose whatsoever. grams with a view to achieving optimal coordination with such other programs and shall promote the coordination of projects under this part with other public or private programs or projects carried out CONDITIONS OF GRANTS AND CONTRACTS at State and local levels. Such Federal agencies shall cooperate with Sec. 612. (a) (1) In administering this part the Secretary shall- the Secretary in disseminating information about the availability of (A) assure that the new participants in any project are older assistance under this part and in promoting the identification and persons of low income who are no longer in the regular work force; interest of low-income older persons whose services may be utilized (B) award a grant or contract only if he determines that the in projects under this part. project will not result in the displacement of employed workers or impair existing contracts for services. AUTHORIZATION OF APPROPRIATIONS (2) The Secretary shall not award a grant or contract under this part which involves a project proposed to be carried out throughout [Sec. 614. There are authorized to be appropriated for grants or the State or over an area more comprehensive than one community contracts under this part, $15,000,000 for the fiscal year ending June 30, 1970, $20,000,000 for the fiscal year ending June 30, 1971, unless— (A) the State agency (established or designated under section and $25,000,000 for the fiscal year ending June 30, 1972. (1)) is the applicant for such grant or contract or, if not, Sec. 614. (a) There are authorized to be appropriated for grants or such agency has been afforded a reasonable opportunity to apply contracts under subsection (a) of section 611, $35,000,000 for the fiscal for and receive such award and to administer or supervise the year ending June 30, 1973, $45,000,000. for the fiscal year ending June 30, administration of the project; and 1974, $55,000,000 for the fiscal year ending June 30, 1975. (B) in cases in which such agency is not the grantee or con- (b) There are authorized to be appropriated for grants or contracts tractor (including cases to which subparagraph (A) applies but in under subsection (b) of section 611, $6,000,000 for the fiscal year ending which such agency has not availed itself of the opportunity to June 30, 1973, $7,000,000 for the fiscal year ending June 30, 1974, apply for and receive such award), the application contains or is $8,000,000 for the fiscal year ending June 30, 1975. 70 71 FORD TITLE VII-NUTRITION PROGRAM FOR THE ELDERLY publish, and disseminate special educational or informational materials, including reports of the projects for which funds are provided under this title. LIBRARY FINDINGS AND PURPOSE SEC. 701. (a) The Congress finds that the research and development ALLOTMENT OF FUNDS BERAL nutrition projects for the elderly conducted under title IV of the Older Americans Act have demonstrated the effectiveness of, and the SEC. 703. (a) (1) From the sums appropriated for any fiscal year need for, permanent nationwide projects to assist in meeting the under section 708, each State shall be allotted an amount which bears nutritional and social needs of millions of persons aged sixty or older. the same ratio to such sum as the population aged 60 or over in such Many elderly persons do not eat adequately because (1) they cannot State bears to the population aged 60 or over in all States, except afford to do so; (2) they lack the skills to select and prepare nourish- that (A) no State shall be allotted less than one-half of 1 per centum ing and well-balanced meals; (3) they have limited mobility which may of the sum appropriated for the fiscal year for which the determina- impair their capacity to shop and cook for themselves; and (4) they tion is made; and (B) Guam, American Samoa, the Virgin Islands, have feelings of rejection and loneliness which obliterate the incentive and the Trust Territory of the Pacific Islands shall each be allotted necessary to prepare and eat a meal alone. These and other physio- an amount equal to one-fourth of 1 per centum of the sum appro- logical, psychological, social, and economic changes that occur with priated for the fiscal year for which the determination is made. For aging result in a pattern of living, which causes malnutrition and the purpose of the exception contained in this paragraph, the term further physical and mental deterioration. "State" does not include Guam, American Samoa, the Virgin Islands, (b) In addition to the food stamp program, commodity distribu- and the Trust Territory of the Pacific Islands. tion systems and old-age income benefits, there is an acute need for a (2) The number of persons aged sixty or over in any State and national policy which provides older Americans, particularly those for all States shall be determined by the Secretary on the basis of the with low incomes, with low cost, nutritionally sound meals served in most satisfactory data available to him. strategically located centers such as schools, churches, community cen- (b) The amount of any State's allotment under subsection (a) of ters, senior citizen centers, and other public or private nonprofit any fiscal year which the Secretary determines will not be required for institutions where they can obtain other social and rehabilitative serv- that year shall be reallotted, from time to time and on such dates ices. Besides promoting better health among the older segment of our during such year as the [Secretary Commissioner may fix, to other population through improved nutrition, such a program would reduce States in proportion to the original allotments to such States under the isolation of old age, offering older Americans an opportunity to subsection (a) for that year, but with such proportionate amount for live their remaining years in dignity. any of such other States being reduced to the extent it exceeds the sum the Secretary Commissioner estimates such State needs and ADMINISTRATION will be able to use for such year; and the total of such reductions shall be similarly reallotted among the States whose proportionate SEC. 702. (a) In order to effectively carry out the purposes of this amounts were not so reduced. Such reallotments shall be made on title, the [Secretary] Commissioner shall- the basis of the State plan SO approved, after taking into considera- (1) administer the program through the Administration on tion the population aged sixty or over. Any amount reallotted to a Aging; and State under this subsection during a year shall be deemed part of its (2) consult with the Secretary of Agriculture and make full allotment under subsection (a) for that year. utilization of the Food and Nutrition Service, and other existing (c) The allotment of any State under subsection (a) for any fiscal services of the Department of Agriculture. year shall be available for grants to pay up to 90 per centum of the (b) In carrying out the provisions of this title, the [Secretary] costs of projects in such State described in section 706 and approved by Commissioner is authorized to request the technical assistance and such State in accordance with its State plan approved under section cooperation of the Department of Labor, the Office of Economic 705, but only to the extent that such costs are both reasonable and Opportunity, the Department of Housing and Urban Development, necessary for the conduct of such projects, as determined by the [Secre- the Department of Transportation, and such other departments and tary Commissioner in accordance with criteria prescribed by him in agencies of the Federal Government as may be appropriate. regulations. Such allotment to any State in any fiscal year shall be (c) The [Secretary] Commissioner is authorized to use, with their made upon the condition that the Federal allotment will be matched consent, the services, equipment, personnel, and facilities of Federal during each fiscal year by 10 per centum, or more, as the case may be, and other agencies with or without reimbursement and on a similar from funds or in kind resources from non-Federal sources. basis to cooperate with other public and private agencies and instru- (d) If the [Secretary] Commissioner finds that any State has failed mentalities in the use of services, equipment, personnel, and facilities. to qualify under the State plan requirements of section 705, the [Sec- (d) In carrying out the purposes of this title, the [Secretary] retary Commissioner shall withhold the allotment of funds to such Commissioner is authorized to provide consultative services and State referred to in subsection (a). The [Secretary] Commissioner technical assistance to any public or private nonprofit institution or shall disburse the funds SO withheld directly to any public or private organization, agency, or political subdivision of a State; to provide nonprofit institution or organization, agency, or political subdivision short-term training and technical instruction; and to collect, prepare, 72 73 FORD of such State submitting an approved plan in accordance with the (iii) to provide up to 90 per centum of the costs of provisions of section 705, including the requirement that any such such supporting services as may be necessary in each LIBRARY payment or payments shall be matched in the proportion specified in instance, such as the costs of related social services and, subsection (c) for such State, by funds or in kind resources from non- where appropriate, the costs of transportation between Federal sources. the project site and the residences of eligible individuals (e) The State agency may, upon the request of one or more recip- who could not participate in the project in the absence of ients of a grant or contract, purchase agricultural commodities and such transportation, to the extent such costs are not met other foods to be provided to such nutrition projects assisted under through other Federal, State, or local programs. this part. The [Secretary] Commissioner may require reports from (B) to provide for the proper and efficient administration State agencies, in such form and detail as he may prescribe, concerning of the State plan at the least possib'e administrative cost, requests by recipients of grants or contracts for the purchase of such for the fiscal year ending June 30, 1973, not to exceed an agricultural commodities and other foods, and action taken thereon. amount equal to 10 per centum of the amount allotted to the State unless a greater amount in [any] each fiscal year PAYMENT OF GRANTS is approved by the [Secretary] Commissioner. For the fiscal years ending after June 30, 1973, funds allotted to a State SEC. 704. Payments pursuant to grants or contracts under this title for State planning and administration pursuant to section 306 may be made in installments, and in advance or by way of reimburse- of this Act may be used for the administration of the State plan ment, with necessary adjustments on account of overpayments or submitted pursuant to this section, except that wherever the underpayments, as the [Secretary] Commissioner may determine. Governor of the State designates an agency other than the agency designated under section 304(a)(1) of this Act, then the Com- STATE PLANS missioner shall determine that portion of a State's allotment under section 306 which shall be available to the agency designated SEC. 705. (a) Any State which desires to receive allotments under under section 705(a)(1) for planning and administration. this title shall submit to the [Secretary] Commissioner for approval a In administering the State plan, the State agency shall- State plan for purposes of this title which, in the case of a State agency (i) make reports, in such form and containing such designated pursuant to section [303] 30.4 of this Act, shall be in the information, as the [Secretary] Commissioner may form of an amendment to the State plan provided in section [303] require to carry out his functions under this title, 305. Such plan shall- including reports of participation by the groups speci- (1) establish or designate a single State agency as the sole fied in subsection (4) of this section; and keep such agency for administering or supervising the administration of the records and afford such access thereto as the [Secretary] plan and coordinating operations under the plan with other Commissioner may find necessary to assure the correct- agencies providing services to the elderly, which agency shall be ness and verification of such reports and proper dis- the agency designated pursuant to section [303] 304(a)(1 of bursement of Federal funds under this title, and this Act, unless the Governor of such State shall, with the approval (ii) provide satisfactory assurance that such fiscal of the [Secretary] Commissioner, designate another agency; control and fund accounting procedures will be adopted (2) sets forth such policies and procedures as will provide as may be necessary to assure proper disbursement of, satisfactory assurance that allotments paid to the State under the and accounting for, Federal funds paid under this title to provisions of this title will be expended- the State, including any such funds paid by the State to (A) to make grants in cash or in kind to any public or the recipient of a grant or contract. private nonprofit institution or organization, agency, or (3) provide such methods of administration (including methods political subdivision of a State (referred to herein as "recip- relating to the establishment and maintenance of personnel ient of a grant or contract")- standards on a merit basis, except that the [Secretary] Com- (i) to carry out the program as described in section missioner shall exercise no authority with respect to the selection, 706. tenure of office, and compensation of any individual employed in (ii) to provide up to 90 per centum of the costs of the accordance with such methods) as are necessary for the proper purchase and preparation of the food; delivery of the and efficient operation of the plan. meals; and such other reasonable expenses as may be (4) provide that preference shall be given in awarding grants incurred in providing nutrition services to persons aged to carry out the purposes of this title to projects serving primarily sixty or over. Recipients of grants or contracts may low-income individuals and provide assurances that, to the extent charge participating individuals for meals furnished pur- feasible, grants will be awarded to projects operated by and suant to guidelines established by the [Secretary Com- serving the needs of minority, Indian, and limited English- missioner, taking into consideration the income ranges speaking eligible individuals in proportion to their numbers in of eligible individuals in local communities and other the State. sources of income of the recipients of a grant or a contract. 74 75 FORD 'y (5) provide that, when mutually agreed upon by recipients of NUTRITION AND OTHER PROGRAM REQUIREMENTS grants and contracts and area planning and service areas agencies, nutrition projects assisted under this title shall be made a part of the SEC. 706. (a) Funds allotted to any State during any fiscal FREED LIBRARY comprehensive and coordinated systems established under title III of pursuant to section 703 shall be disbursed by the State agency to this Act. recipients of grants or contracts who agree- (b) The [Secretary] Commissioner shall approve any State plan (1) to establish a project (referred to herein as a "nutrition which he determines meets the requirements and purposes of this project") which, five or more days per week, provides at least one section. hot meal per day and any additional meals, hot or cold, which the (c) Whenever the [Secretary] Commissioner, subject to reasonable recipient of a grant or contract may elect to provide, each of which notice and opportunity for hearing to such State agency, finds (1) assures a minimum of one-third of the daily recommended dietary that the State plan has been so changed that it no longer complies allowances as established by the Food and Nutrition Board of the with the provisions of this title, or (2) that in the administration of National Academy of Sciences-National Research Council; the plan there is a failure to comply substantially with any such pro- (2) to provide such nutrition project for individuals aged sixty vision or with any requirements set forth in the application of a recip- or over who meet the specifications set forth in clauses (1), (2), ient of a grant or contract approved pursuant to such plan, the [Sec- (3), or (4) of section 701 (a) and their spouses (referred to herein retary Commissioner shall notify such State agency that further as "eligible individuals"); payments will not be made to the State under the provisions of this (3) to furnish a site for such nutrition project in as close prox- title (or in his discretion, that further payments to the State will be imity to the majority of eligible individuals' residences as feasible, limited to programs or projects under the State plan, or portions such as a school or a church, preferably within walking distance thereof, not affected by the failure, or that the State agency shall not where possible and, where appropriate, to furnish transportation make further payments under this part to specified local agencies to such site or home-delivered meals to eligible individuals who affected by the failure) until he is satisfied that there is no longer any are homebound; such failure to comply. Until he is so satisfied, the [Secretary Com- (4) to utilize methods of administration, including outreach, missioner shall make no further payments to the State under this which will assure that the maximum number of eligible individ- title, or shall limit payments to recipients of grants or contracts under, uals may have an opportunity to participate in such nutrition or parts of, the State plan not affected by the failure or payments to project; the State agency under this part shall be limited to recipients of (5) to provide special menus, where feasible and appropriate, grants or contracts not affected by the failure, as the case may be. to meet the particular dietary needs arising from the health (d) (1) If any State is dissatisfied with the [Secretary's] Commis- requirements, religious requirements or ethnic backgrounds of sioner's final action with respect to the approval of its State plan eligible individuals; submitted under subsection (a), or with respect to termination of (6) to provide a setting conducive to expanding the nutrition payments in whole or in part under subsection (c), such State may, project and to include, as a part of such project, recreational within sixty days after notice of such action, file with the United States activities, informational, health and welfare counseling and court of appeals for the circuit in which such State is located a peti- referral services, where such services are not otherwise available; tion for review of that action. A copy of the petition shall be forth- (7) to include such training as may be necessary to enable the with transmitted by the clerk of the court to the [Secretary Com- personnel to carry out the provisions of this title; missioner. The [Secretary] Commissioner thereupon shall file in the (8) to establish and administer the nutrition project with the court the record of the proceeding on which he based his action, as advice of persons competent in the field of service in which provided in section 2112 of title 28, United States Code. the nutrition program is being provided, of elderly persons who (2) The findings of fact by the [Secretary] Commissioner, if sup- will themselves participate in the program and of persons who ported by substantial evidence, shall be conclusive; but the court for are knowledgeable with regard to the needs of elderly persons; good cause shown, may remand the case to the [Secretary] Commis- (9) to provide an opportunity to evaluate the effectiveness, sioner to take further evidence, and the [Secretary] Commissioner feasibility, and cost of each particular type of such project; may thereupon make new or modified findings of fact and may modify (10) to give preference to persons aged sixty or over for any his previous action, and shall certify to the court the record of the staff positions, full- or part-time, for which such persons qualify further proceedings. Such new or modified findings of fact shall like- and to encourage the voluntary participation of other groups, wise be conclusive if supported by substantial evidence. such as college and high school students in the operation of the (3) The court shall have jurisdiction to affirm the action of the project; and [Secretary Commissioner or to set it aside, in whole or in part. The (11) to comply with such other standards as the [Secretary] judgment of the court shall be subject to review by the Supreme Commissioner may by regulation prescribe in order to assure the Court of the United States upon certiorari or certification as provided high quality of the nutrition project and its general effectiveness in section 1254 of title 28, United States Code. in attaining the objectives of this title. (b) The [Secretary] Commissioner and the Comptroller General of the United States or any of their duly authorized representatives shall 76 77 FORD have access for the purpose of audit and examination to any books, shall remain available for obligation and expenditure during such suc- ceeding fiscal year. LIBRARY documents, papers, and records that are pertinent to a grant or con- tract received under this title. RELATIONSHIP TO OTHER LAWS GERAL [SURPLUS COMMODITIES SEC. 709. No part of the cost of any project under this title may be [Sec. 707. (a) Each recipient of a grant or contract shall, insofar treated as income or benefits to any eligible individual for the purpose as practicable, utilize in its nutrition project commodities designated of any other program or provision of State or Federal law. from time to time by the Secretary of Agriculture as being in abun- dance, either nationally or in the local area, or commodities donated MISCELLANEOUS by the Secretary of Agriculture. Commodities purchased under the SEC. 710. None of the provisions of this title shall be construed to authority of section 32 of the Act of August 24, 1935 (49 Stat. 774), as amended, may be donated by the Secretary of Agriculture to the prevent a recipient of a grant or a contract from entering into an agree- recipient of a grant or contract, in accordance with the needs as ment, subject to the approval of the State agency, with a profitmaking determined by the recipient of a grant or contract, for utilization in organization to carry out the provisions of this title and of the appro- priate State plan. the nutritional program under this title. The Secretary of Agriculture [TITLE VIII-GENERAL is authorized to prescribe terms and conditions respecting the use of commodities donated under section 32, as will maximize the nutri- [ADVISORY COMMITTEES tional and financial contributions of such donated commodities in such public or private nonprofit institutions or organizations, agencies, [Sec. 801. (a) (1) For the purpose of advising the Secretary of or political subdivisions of a State. Health, Education, and Welfare on matters bearing on his respon- [(b) The Secretary of Agriculture may utilize the projects author- sibilities under this Act and related activities of his Department, ized under this title in carrying out the provisions of clause (2) of there is hereby established in the Department of Health, Education, section 32 of the Act approved August 24, 1935, as amended (49 Stat. and Welfare an Advisory Committee on Older Americans, consist- 774, 7 U.S.C. 612c).] ing of the Commissioner, who shall be Chairman, and fifteen persons not otherwise in the regular full-time employ of the United States, AVAILABILITY OF SURPLUS COMMODITIES appointed by the Secretary without regard to the civil service laws. SEC. 707. (a) Agricultural commodities and products purchased by Members shall be selected from among persons who are experienced the Secretary of Agriculture under section 32 of the Act of August 24, 1935 in or have demonstrated particular interest in special problems of the aging. (7 U.S.C. 612c), may be donated to a recipient of a grant or contract to [(2) Each member of the Committee shall hold office for a term of be used for providing nutritional services in accordance with the provisions three years, except that (A) any member appointed to fill a vacancy of this title. (b) The Commodity Credit Corporation may dispose of food commodities occurring prior to the expiration of the term for which his predecessor under section 416 of the Agricultural Act of 1949 (7 U.S.C. 1431) by was appointed shall be appointed for the remainder of such term, and donating them to a recipient of a grant or contract to be used for providing (B) the terms of office of the members first taking office shall expire, as designated by the Secretary of Health, Education, and Welfare at nutritional services in accordance with the provisions of this title. (c) Dairy products purchased by the Secretary of Agriculture under the time of appointment, five at the end of the first year, five at the section 709 of the Food and Agriculture Act of 1965 (7 U.S.C. 1446a-1) end of the second year, and five at the end of the third year after the date of appointment. may be used to meet the requirements of programs providing nutritional [(b) The Secretary of Health, Education, and Welfare is authorized services in accordance with the provisions of this title. to appoint, without regard to the civil service laws, such technical advisory committees as he deems appropriate for advising him in APPROPRIATIONS AUTHORIZED carrying out his functions under this Act. SEC. 708. For the purpose of carrying out the provisions of this title [(c) Members of the Advisory Committee or of any technical ad- there are hereby authorized to be appropriated $100,000,000 for the visory committee appointed under this section, who are not regular fiscal year ending June 30, 1973, and $150,000,000 for the fiscal year full-time employees of the United States, shall, while attending meet- ending June 30, 1974. In addition, there are hereby authorized to be ings or conferences of such committee or otherwise engaged on business appropriated for such fiscal years, as part of the appropriations for of such committee be entitled to receive compensation at a rate fixed salaries and expenses for the Administration on Aging, such sums as by the Secretary, but not exceeding $100 per diem, including travel Congress may determine to be necessary to carry out the provisions time, and, while so serving away from their homes or regular places of this title. Sums appropriated pursuant to this section which are of business, they may be allowed travel expenses, including per diem not obligated and expended prior to the beginning of the fiscal year in lieu of subsistence, as authorized by section 5 of the Administrative succeeding the fiscal year for which such funds were appropriated Expenses Act of 1946 (5 U.S.C. 73b-2) for persons in the Government service employed intermittently. 78 79 FORD [(d) The Commissioner is authorized to furnish to the Advisory ing to the proportion of funds advanced by each Federal agency, Committee such technical assistance, and to make available to it such and any such agency may waive any technical grant or contract LIBRARY secretarial, clerical, and other assistance and such pertinent data requirement (as defined by such regulations) which is inconsistent available to him, as the Committee may require to carry out its with the similar requirements of the administering agency or which functions. the administering agency does not impose.] [administration [Sec. 802. (a) In carrying out the purposes of this Act, the Secre- tary is authorized to provide consultative services and technical as- The Library Services and Construction Act sistance to public or nonprofit private agencies, organizations, and institutions; to provide short-term training and technical instruction; to conduct research and demonstrations; and to collect, prepare, pub- AUTHORIZATIONS OF APPROPRIATIONS lish, and disseminate special educational or informational materials, including reports of the projects for which funds are provided under SEC. 4. (a) For the purpose of carrying out the provisions of this this Act and to provide staff and other technical assistance to the Act the following sums are authorized to be appropriated: President's Council on Aging. (1) For the purpose of making grants to States for library [(b) In administering his functions under this Act, the Secretary services as provided in title I, there are authorized to be appro- is authorized to utilize the services and facilities of any agency of the priated $112,000,000 for the fiscal year ending June 30, 1972, Federal Government and of any other public or nonprofit private $117,600,000 for the fiscal year ending June 30, 1973, $123,500,000 agency or institution, in accordance with agreements between the for the fiscal year ending June 30, 1974, $129,675,000 for the fiscal Secretary and the head thereof, and to pay therefor, in advance or by year ending June 30, 1975, and $137,150,000 for the fiscal year way of reimbursement, as may be provided in the agreement. ending June 30, 1976. (2) For the purpose of making grants to States for public [authorization OF APPROPRIATIONS library construction, as provided in title II, there are authorized to be appropriated $80,000,000 for the fiscal year ending June [SEC. 803. The Secretary shall carry out titles IV and V of this 30, 1972, $84,000,000 for the fiscal year ending June 30, 1973, Act during the fiscal year ending June 30, 1966, and each of the $88,000,000 for the fiscal year ending June 30, 1974, $92,500,000 six succeeding fiscal years. There are hereby authorized to be ap- for the fiscal year ending June 30, 1975, and $97,000,000 for the propriated $1,500,000 for the fiscal year ending June 30, 1966, fiscal year ending June 30, 1976. $3,000,000 for the fiscal year ending June 30, 1967, $6,400,000 for (3) For the purpose of making grants to States to enable them the fiscal year ending June 30, 1968, $10,000,000 for the fiscal year to carry out interlibrary cooperation programs authorized by title ending June 30, 1969, $12,000,000 for the fiscal year ending June III, there are hereby authorized to be appropriated $15,000,000 30, 1970, $15,000,000 for the fiscal year ending June 30, 1971, and for the fiscal year ending June 30, 1972, $15,750,000 for the $20,000,000 for the fiscal year ending June 30, 1972. fiscal year ending June 30, 1973, $16,500,000 for the fiscal year ending June 30, 1974, $17,300,000 for the fiscal year ending [EVALUATION OF PROGRAMS June 30, 1975, and $18,200,000 for the fiscal year ending June 30, 1976. [SEC. 804. Such portion of any appropriation under title III or VI or section 803 for any fiscal year ending after June 30, 1969, as (4) For the purpose of making grants to States to enable them to the Secretary may determine, but not exceeding 1 per centum carry out public library service programs for older persons authorized thereof, shall be available to the Secretary for evaluation (directly by title IV, there are authorized to be appropriated $11,700,000 for or by grants or contracts) of the programs authorized by this Act the fiscal year ending June 30, 1973, $12,300,000 for the fiscal year and, in the case of allotments from such an appropriation, the amount ending June 30, 1974, $12,900,000 for the fiscal year ending June 30, available for such allotments (and the amount deemed appropriated 1975, and $13,700,000 for the fiscal year ending June 30, 1976. therefor) shall be reduced accordingly. ALLOTMENTS TO STATES [JOINT FUNDING OF PROJECTS SEC. 5. (a) (1) From the sums appropriated pursuant to paragraph [SEC. 805. Pursuant to regulations prescribed by the President, (1), (2), [or (3) (3), or (4) of section 4(a) for any fiscal year, the where funds are advanced for a single project by more than one Commissioner shall allot the minimum allotment, as determined under Federal agency to an agency, organization, institution, or person paragraph (3) of this subsection, to each State. Any sums remaining after minimum allotments have been made shall be allotted in the assisted under this Act, any one Federal agency may be designated to act for all in administering the funds advanced. In such cases, manner set forth in paragraph (2) of this subsection. a single non-Federal share requirement may be established accord- (2) From the remainder of any sums appropriated pursuant to paragraph (1), (2), [or (3)] (3), or (4) of section 4(a) for any fiscal 80 81 FORD year, the Commissioner shall allot to each State such part of such ing the requirements set forth in subsection (b), (2) submit an annual LIBRARY remainder as the population of the State bears to the population of all program as defined in section 3(13) for the purposes for which allot- the States. ments are desired, meeting the appropriate requirements set forth in (3) For the purposes of this subsection, the "minimum allotment" titles I, II, [and III] III and IV, and shall submit (no later than July shall be- 1972) a long-range program as defined in section 3(12) for carrying (A) with respect to appropriations for the purposes of title out the purposes of this Act as specified in subsection (d), and (3) I, $200,000 for each State, except that it shall be $40,000 in the establish a State Advisory Council on Libraries which meets the re- case of Guam, American Samoa, the Virgin Islands, and the quirements of section 3(8). Trust Territory of the Pacific Islands; (B) with respect to appropriations for the purposes of title II, $100,000 for each State, except that it shall be $20,000 in the PAYMENTS TO STATES case of Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands; [and] SEC. 7. (a) From the allotments available therefor under section 5 (C) with respect to appropriations for the purposes of title from appropriations pursuant to paragraph (1), (2), [or (3)] (3), or III, $40,000 for each State, except that it shall be $10,000 in the (4) of section 4(a), the Commissioner shall pay to each State which case of Guam, American Samoa, the Virgin Islands, and the has a basic State plan approved under section 6(a) (1), an annual Trust Territory of the Pacific Islands [.]; and program and a long-range program as defined in sections 3 (12) and (D) with respect to appropriations for the purposes of title IV, (13) an amount equal to the Federal share of the total sums expended $40,000 for each State, except that it shall be $10,000 in the case of by the State and its political subdivisions in carrying out such plan, Guam, American Samoa, the Virgin Islands, and the Trust Territory except that no payments shall be made from appropriations pursuant of the Pacific Islands. to such paragraph (1) for the purposes of title I to any State (other If the sums appropriated pursuant to paragraph (1), (2), [or (3)] than the Trust Territory of the Pacific Islands) for any fiscal year (3), or (4) of section 4(a) for any fiscal year are insufficient to fully unless the Commissioner determines that- satisfy the aggregate of the minimum allotments for that purpose, (1) there will be available for expenditure under the programs each of such minimum allotments shall be reduced ratably. from State and local sources during the fiscal year for which the (4) The population of each State and of all the States shall be allotment is made- determined by the Commissioner on the basis of the most recent (A) sums sufficient to enable the State to receive for the satisfactory data available to him. purpose of carrying out the programs payments in an amount (5) There is hereby authorized for the purpose of evaluation (di- not less than the minimum allotment for that State for the rectly or by grants or contracts) of programs authorized by this Act, purpose, and such sums as Congress may deem necessary for any fiscal year. (B) not less than the total amount actually expended, in (b) The amount of any State's allotment under subsection (a) for the areas covered by the programs for such year, for the any fiscal year from any appropriation made pursuant to paragraph purposes of such programs from such sources in the second (1), (2), [or (3) (3), or (4) of section 4(a) which the Commissioner preceding fiscal year; and deems will not be required for the period and the purpose for which such (2) there will be available for expenditure for the purposes allotment is available for carrying out the State's annual program shall of the programs from State sources during the fiscal year for be available for reallotment from time to time on such dates during which the allotment is made not less than the total amount such year as the Commissioner shall fix. Such amount shall be avail- actually expended for such purposes from such sources in the able for reallotment to other States in proportion to the original allot- second preceding fiscal year. ments for such year to such States under subsection (a) but with such (b) (1) For the purpose of this section, the "Federal share" for any proportionate amount for any of such other State being reduced to the State shall be, except as is provided otherwise in title III and title IV, extent that it exceeds the amount which the Commissioner estimates 100 per centum less the State percentage, and the State percentage the State needs and will be able to use for such period of time for which shall be that percentage which bears the same ratio to 50 per centum the original allotments were made and the total of such reductions as the per capita income of such State bears to the per capita income of shall be similarly reallotted among the States not suffering such a re- all the States (excluding Puerto Rico, Guam, American Samoa, the duction. Any amount reallotted to a State under this subsection for any Virgin Islands, and the Trust Territory of the Pacific Islands), except fiscal year shall be deemed to be a part of its allotment for such year that (A) the Federal share shall in no case be more than 66 per centum, pursuant to subsection (a). or less than 33 per centum, and (B) the Federal share for Puerto Rico, Guam, American Samoa, and the Virgin Islands shall be 66 per STATE PLANS AND PROGRAMS centum, and (C) the Federal share for the Trust Territory of the Pacific Islands shall be 100 per centum. SEC. 6. (a) Any State desiring to receive its allotment for any * purpose under this Act for any fiscal year shall (1) have in effect for such fiscal year a basic State plan as defined in section 3(11) and meet- FORD 82 83 TITLE IV-OLDER READERS SERVICES National Commission on Libraries and Information Science Act LIBRARY GRANTS TO STATES FOR OLDER READERS SERVICES SEC. 401. The Commissioner shall carry out a program of making FUNCTIONS grants to States which have an approved basic State plan under section 6 and have submitted a long-range program and an annual program under SEC. 5. (a) The Commission shall have the primary responsibility section 403 for library services for older persons. for developing or recommending overall plans for, and advising the appropriate governments and agencies on, the policy set forth in sec- tion 2. In carrying out that responsibility, the Commission shall- USES OF FEDERAL FUNDS (1) advise the President and the Congress on the implementa- SEC. 402. (a) Funds appropriated pursuant to paragraph (4) of tion of national policy by such statements, presentations, and section 4(a) shall be available for grants to States from allotments under reports as it deems appropriate; section 5(a) for the purpose of carrying out the Federal share of the cost (2) conduct studies, surveys, and analyses of the library and of carrying out State plans submitted and approved under section 403. informational needs of the Nation, including the special library Such grants shall be used for (1) the training of librarians to work with and informational needs of rural [areas and] areas, of economi- the elderly; (2) the conduct of special library programs for the elderly; cally, socially, or culturally deprived persons, and of elderly persons, (3) the purchase of special library materials for use by the elderly; (4) and the means by which these needs may be met through infor- the payment of salaries for elderly persons who wish to work in libraries mation centers, through the libraries of elementary and secondary as assistants on programs for the elderly; (5) the provision of in-home schools and institutions of higher education, and through public, visits by librarians and other library pesonnel to the elderly; (6) the research, special, and other types of libraries; establishment of outreach programs to notrfy the elderly of library services (3) appraise the adequacies and deficiencies of current library available to them; and (7) the furnishing of transportation to enable the and information resources and services and evaluate the effective- elderly to have access to library services. ness of current library and information science programs; (b) For the purposes of this title, the Federal share shall be 100 per (4) develop overall plans for meeting national library and centum of the cost of carrying out the State plan. informational needs and for the coordination of activities at the Federal, State, and local levels, taking into consideration all of STATE ANNUAL PROGRAM FOR LIBRARY SERVICES FOR THE ELDERLY the library and informational resources of the Nation to meet those needs; SEC. 403. Any State desiring to receive a grant from its allotment (5) be authorized to advise Federal, State, local, and private for the purposes of this title for any fiscal year shall, in addition to having agencies regarding library and information sciences; submitted, and having had approved, a basic State plan under section 6, (6) promote research and development activities which will submit for that fiscal year an annual program for library services for extend and improve the Nation's library and information- older persons. Such program shall be submitted at such time, in such handling capability as essential links in the national communica- form, and contain such information as the Commissioner may require tions networks; by regulation and shall- (7) submit to the President and the Congress (not later than (1) set forth a program for the year submitted under which funds January 31 of each year) a report on its activities during the pre- paid to the State from appropriations pursuant to paragraph (4) ceding fiscal year; and of section 4(a) will be used, consistent with its long-range program (8) make and publish such additional reports as it deems to be for the purposes set forth in section 402, and necessary, including, but not limited to, reports of consultants, (2) include an extension of the long-range program taking into transcripts of testimony, summary reports, and reports of other consideration the results of evaluations. Commission findings, studies, and recommendations. COORDINATION WITH PROGRAMS FOR OLDER AMERICANS SEC. 404. In carrying out the program authorized by this title, the MEMBERSHIP Commissioner shall consult with the Commissioner of the Administration on Aging and the Director of ACTION for the purpose of coordinating SEC. 6. (a) The Commission shall be composed of the Librarian of where practicable, the programs assisted under this title with the pro- Congress and fourteen members appointed by the President, by and with the advice and consent of the Senate. Five members of the Com- grams assisted under the Older Americans Act of 1965. mission shall be professional librarians or information specialists, and the remainder shall be persons having special competence or inter- est in the needs of our society for library and information services, at least one of whom shall be knowledgeable with respect to the tech- nological aspects of library and information services and sciences. 85 84 FORD One of the members of the Commission shall be designated by the representative of the general public. The Advisory Council shall President as Chairman of the Commission. The terms of office of the meet at the call of the Chairman but not less often than twice a year. LIQUARY appointive members of the Commission shall be five years, except that (b) The Advisory Council shall advise the Commissioner in the (1) the terms of office of the members first appointed shall commence preparation of general regulations and with respect to policy matters on the date of enactment of this Act and shall expire two at the end arising in the administration of this title, including policies and pro- of one year, three at the end of two years, three at the end of three cedures governing the approval of State plans under section 105(b), years, three at the end of four years, and three at the end of five years, and policies to eliminate duplication and to effectuate the coordination as designated by the President at the time of appointment, and (2) a of programs under this title and other programs offering extension or continuing education activities and services. member appointed to fill a vacancy occurring prior to the expiration (c) The Advisory Council shall review the administration and effec- of the term for which his predecessor was appointed shall be appointed only for the remainder of such term, and at least one other of whom tiveness of all federally supported extension and continuing education shall be knowledgeable with respect to the library and information service programs, including community service programs, make recommenda- tions with respect thereto, and make annual reports, commencing on and science needs of the elderly. March 31, 1967, of its findings and recommendations (including recom- mendations for changes in the provisions of this title and other Federal laws relating to extension and continuing education activities) to the Secretary and to the President. The President shall transmit Higher Education Act of 1965 each such report to the Congress together with his comments and recommendations. (d) In carrying out its functions pursuant to this section, the Ad- SPECIAL PROGRAMS AND PROJECTS RELATING TO PROBLEMS OF THE ELDERLY visory Council may utilize the services and facilities of any agency of the Federal Government, in accordance with agreements between the SEC. 110. (a) The Commissioner is authorized to make grants to Secretary and the head of such agency. institutions of higher education (and combinations thereof) to assist such institutions in planning, developing, and carrying out, consistent with RELATIONSHIP TO OTHER PROGRAMS the purpose of this title, programs specifically designed to apply the SEC. [111] 112. Nothing in this title shall modify authorities under resources of higher education to the problems of the elderly, particularly the Act of February 23, 1917 (Smith-Hughes Vocational Education with regard to transportation and housing problems of elderly persons Act), as amended (20 U.S.C. 11-15, 16-28); the Vocational Education living in rural and isolated areas. Act of 1946, as amended (20 U.S.C. 15i-15m, 150-15q, 15aa-15jj, and (b) For purposes of making grants under this section, there are au- 15aaa-15ggg); the Vocational Education Act of 1963 (20 U.S.C. 35- thorized to be appropriated $5,000,000 for the fiscal year ending June 30, 35n; title VIII of the Housing Act of 1964 (Public Law 88-560); or 1973, and each succeeding fiscal year ending prior to July 1, 1977. the Act of May 8, 1914 (Smith-Lever Act), as amended (7 U.S.C. (c) In carrying out the program authorized by this section, the Com- 341-348). missioner shall consult with the Commissioner of the Administration on LIMITATION Aging for the purpose of coordinatng, where praticable, the programs assisted under this section with the programs assisted under the Older SEC. [112] 113. No grant may be made under this title for any Americans Act of 1965. educational program, activity, or service related to sectarian instruc- tion or religious worship, or provided by a school or department of NATIONAL ADVISORY COUNCIL ON EXTENSION AND CONTINUING divinity. EDUCATION SEC. [110] 111. (a) The President shall, within ninety days of enactment of this title, appoint a National Advisory Council on Exten- Adult Education Act sion and Continuing Education (hereafter referred to as the "Advisory Council"), consisting of the Commissioner, who shall be Chairman, one representative each of the Departments of Agriculture, Commerce, SPECIAL PROJECTS FOR THE ELDERLY Defense, Labor, Interior, State, and Housing and Urban Development, and the Office of Economic Opportunity, and of such other Federal SEC. 310. (a) The Commissioner is authorized to make grants to agencies having extension education responsibilities as the President State and local educational agencies or other public or private nonprofit may designate, and twelve members appointed, for staggered terms agencies for programs to further the purpose of this Act by providing and without regard to the civil service laws, by the President. Such educational programs for elderly persons whose ability to speak and read twelve members shall, to the extent possible, include persons knowl- the English language is limited and who live in an area with a culture edgeable in the fields of extension and continuing education, State different than their own. Such programs shall be designed to equip such and local officials, and other persons having special knowledge, experi- elderly persons to deal successfully with the practical problems in their ence, or qualification with respect to community problems, and persons everyday life, including the making of purchases, meeting their transpor- FORD & 86 87 LIBRURY tation and housing needs, and complying with governmental requirements APPROPRIATIONS AUTHORIZED BERALD such as those for obtaining citizenship, public assistance and social security benefits, and housing. SEC. [312.] 313. (a) There are authorized to be appropriated $160,- (b) For the purpose of making grants under this section there are 000,000 for the fiscal year ending June 30, 1970, $200,000,000 for the authorized to be appropriated such sums as may be necessary for the fiscal fiscal year ending June 30, 1971, and $225,000,000 for each of the fiscal year ending June 30, 1973, and each succeeding fiscal year ending prior years ending June 30, 1972, and June 30, 1973, for the purposes of this to July 1, 1975. title (other than section 310). (c) In carrying out the program authorized by this section, the Commis- (b) There are further authorized to be appropriated for each such sioner shall consult with the Commissioner of the Administration on Aging fiscal year such sums, not to exceed 5 per centum of the amount appro- for the purpose of coordinating, where practicable, the programs assisted priated pursuant to subsection (a) for such year, as may be necessary under this section with the programs assisted under the Older Americans to pay the cost of the administration and development of State plans, Act of 1965. and other activities required pursuant to this title. For the fiscal year ending June 30, 1970, and the succeeding fiscal year, nothing in this NATIONAL ADVISORY COUNCIL ON ADULT EDUCATION subsection shall be construed to prohibit the use of any amounts appro- priated pursuant to this Act to pay such costs, subject to such limita- SEC. [310] 311. (a) The President shall appoint a National Ad- tions as the Commissioner may prescribe. visory Council on Adult Education (hereinafter in this section referred to as the "Council"). (b) The Council shall consist of fifteen members who shall, to the extent possible, include persons knowledgeable in the field of adult education, State and local public school officials, and other persons having special knowledge and experience, or qualifications with re- spect to adult education, and persons representative of the general public. The Council shall meet initially at the call of the Commis- sioner and elect from its number a chairman. The Council will there- after meet at the call of the chairman, but not less often than twice a year. (c) The Council shall advise the Commissioner in the prepara- tion of general regulations and with respect to policy matters arising in the administration of this title, including policies and procedures governing the approval of State plans under section 306 and policies to eliminate duplication, and to effectuate the coordination of pro- grams under this title and other programs offering adult education activities and services. (d) The Council shall review the administration and effectiveness of programs under this title, make recommendations with respect thereto, and make annual reports to the President of its findings and recommendations (including recommendations for changes in this title and other Federal laws relating to adult education activities and services). The President shall transmit each such report to the Con- gress together with his comments and recommendations. The Secre- tary of Health, Education, and Welfare shall coordinate the work of the Council with that of other related advisory councils. LIMITATION SEC. [311.] 312. No grant may be made under this title for any educational program, activity, or service related to sectarian instruction or religious worship, or provided by a school or department of divinity. For purposes of this section, the term "school or department of divin- ity" means an institution or a department or branch of an institution whose program is specifically for the education of students to prepare them to become ministers of religon or to enter upon some other religious vocation, or to prepare them to teach theological subjects. 89 FORD Now let's consider the provisions to which I and the Administration object and which are contained in H.R. 71, but not in H.R. 4813. The three year authorization for H.R. 71 is over $1.4 billion. This was reduced from almost $2 billion in H.R. 71 as introduced, but the reduction shrinks to insignificance beside the vast over-promise MINORITY VIEWS OF REPRESENTATIVE LANDGREBE implied by the authorizations in the reported bill. No President ON H.R. 71 could in good conscience request, and no Congress could responsibly appropriate the amounts authorized. In short, the authorization The amendments to the Older Americans Act of 1965, which were levels are little more than a public relations gambit which reveal ordered reported by the Committee on Education and Labor on no effort to come to grips with the simple reality that neither the February 27, 1973, contain numerous highly objectionable provisions Federal budget nor the American taxpayer have unlimited resources. which are SO irresponsible as to render it unworthy of my support. The authorizations of "such sums as may be necessary" provided H.R. 71 does have at its core a sensible and creative reworking of for in H.R. 4813, is a sounder managerial approach, and avoids the Title III, which authorizes formula grants to States for services to "expectation gap" that is created by excess authorizations. the elderly. These changes were proposed by the Department of Health, Similarly, the organizational provisions of H.R. 71 reveal a failure Education and Welfare, which administers the service programs. to grasp reality (as well as, I might add, a true concern for the aged However, not all of the changes suggested by the Department were persons who would be affected by this act). They are unworkable incorporated into the bill, while at the same time, many objectionable and unnecessary. The Administration on Aging would be moved provisions were added. from the Social and Rehabilitation Services where it is administered Briefly, my objections can be broken down into three categories: with other service-providing programs, to the Office of the Secretary (1) Excessive authorization levels, (2) Program reorganization which of HEW; authority for carrying AOA's responsibilities under the Act impedes the delivery of services, and (3) Unnecessary proliferation of would be vested in the Commissioner on Aging, rather than with the categorical programs. It was because of just such provisions that the Secretary; and the Commissioner would be prohibited from delegating President vetoed last year's extension of the Older Americans Act, any of his statutory authority to an officer not directly responsible H.R. 15657. to him unless he first submits to Congress a delegation plan to which I have, therefore, introduced H.R. 4813, a bill written by the neither House disapproved within 30 days. Department of Health, Education and Welfare and supported by the Somewhere in this unrestrained interference in managerial matters Administration. This bill incorporates the Title III changes recom- the bill has lost sight of the fact that these provisions fragment ac- mended by HEW which are not contained in H.R. 71, but does not countability and authority and would gravely intefere with the Secre- include the objectionable provisions. tary's ability to manage and coordinate all the HEW programs that The essential Title III changes made by H.R. 4813 (in addition to, affect the elderly. or in lieu of, those made by H.R. 71) are: (1) To provide a three year Finally, consider the categorical programs and duplicative functions limitation on funding of social service projects and area plan adminis- authorized by H.R. 71, all of which are unnecessary and which con- tration, (2) To provide for a three year declining Federal matching tribute to the high authorization levels in the bill. There is an author- rate on funding for social service projects not funded pursuant to an ization for community service employment for those over 55 (Title area plan, (3) To provide authority for regulating fees charged by IX); an authorization for a National Information and Resource providers of services, and (4) To change the authorization levels to Clearing House For the Aging; an authority for support to Multi- "such sums as may be necessary." disciplinary Centers of Gerontology; an authorization for construction The declining Federal matching rate (75%, 60%, and 50%) and the of and mortgage insurance for Multipurpose Senior Centers; and an three-year limitation on funding of social service projects and area authority for grants for initial staffing of Multipurpose Senior Centers. plan administration are an essential part of the Administration's Title Not to mention that, thrown in among this hodgepodge, is a title III strategy. H.R. 71, on the other hand, would provide permanent (VIII) containing amendments to numerous other acts having little Federal funding, rather than having States and localities assume or no relation to the Older Americans Act. financial responsibility for aging programs after an initial period of What is the purpose of these tacked on, ornamental programs? Federal financial assistance. Title IX, authorizing community service employment, is a manpower The time limitation contained in my bill would, in contrast, allow program duplicating existing authority administered by the Labor new funds to be channeled to new programs and new agencies at the Department. Duplicating existing authority merely creates more end of three years. The declining Federal share would mean that the bureaucracy and red tape, drastically raising costs without a com- community would have to match at the three-year period, thus pre- mensurate improvement of services. The Subcommittee on Select paring each project and area to become self-sustaining. Education apparently recognized this fact when it eliminated Title X, The amendment regarding fee regulation would provide authority another manpower program duplicating existing authority. So what is to charge fees for services based upon ability to pay, and is in keeping the rationale for including Title IX? with the Administration's policy of focusing free services on the poorest recipients. (88) 90 Similarly with the narrow categorical programs. They involve much bureaucracy and great additional cost, and, of course, they sound ever so nice when a politician needs evidence to demonstrate (?) his immense, altruistic concern for the elderly, but they do little in the way of providing any appropriate and needed services. In addition, consider H.R. 71 in light of the record of the Nixon Administration's support of programs and legislation for the elderly. Under President Nixon, the budget for the Administration on Aging rose from $24 million in fiscal 1969 to a budget request of $244 million for fiscal 1974. In addition to these expenditures fcr services to the aged, I would like to note the projected fiscal 1974 level of other benefits for the aged. The President's fiscal 1974 budget reflects a total of $69.1 billion in income security benefits for the aged. This figure includes over $31 billion in annuities to primary beneficiaries and over $37 billion in benefits to aged persons who are not primary beneficiaries. These figures mean that approximately 20% of the entire Federal budget for fiscal 1974 will be devoted to benefits for the aged who make up about 10% of our population. In light of all this, what possible justification is there for H.R. 71? I can think of only one: Many Members of Congress reflect little concern with the rising taxes and the inflation that is eating away at the earnings and savings of all Americans; nor do they reflect concern for the elderly, who would be misled by the excessive authorizations and the pretty sounding hodgepodge of categorical and duplicative programs; rather they seem concerned only with the political ex- pediency of being "for" and not "against" the elderly-at the expense of all taxpaying Americans, including our elderly citizens. I offered H.R. 4813 in committee as a substitute for H.R. 71. Although it was not adopted, the committee members were confronted with a choice: a bill extending and improving the Older Americans Act in accordance with the Nixon Administration's policy of generous support of the elderly; or a bill which, while extending and improving the Older Americans Act, also adds enormous and unnecessary costs, and an irresponsible proliferation of the bureaucracy, while dictating a restrictive, cost-inflating reorganization of HEW. I chose the former; I regret that so many of my colleagues chose the latter. EARL F. LANDGREBE. 3/6/73 Background Material Older Americans Legislation GERALD R. LIBRARY FORD Basic problems with the pending bills: -- Excessive appropriations authorizations, with differing versions of the bills authorizing appropriations ranging from $373 million to $653 million over the 1974 budget. -- Establishment of numerous new and separate categorical grant programs, duplicating present activities, impeding the efficient use of funds and tying the hands of State and local officials in dealing with local problems. -- Mandating by statute organizational and administrative arrangements which severely limit the efforts of the Secretary of HEW to assure effective management of the program and adequate coordination with related activities in HEW. Assistance to the elderly has been a high priority objective of this Administration, a fact which is demonstrated by the trend of funding: -- Programs of the Administration on Aging will have risen from $28 million in 1970 to $196 million in 1974, a seven-fold increase in only four years. 1970-8786 -- Social Security benefits rates have been increased by \ 51% in the last four years, and cash benefits paid to the elderly will have increased from $22.5 billion in 1970 to $41.5 billion in 1974. -- Medicare and Medicaid benefits for the elderly will have increased from $7.8 billion in 1970 to $11.5 billion in 1974. 477170 Total Federal outlays which benefit the elderly will have increased 71% from 1970 to 1974, rising from $37.2 billion to $63.8 billion. -- In 1974, Federal outlays to benefit the elderly represent almost 24% of the total Federal budget, up from less F4.94 than 18% in 1970.