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This file contains materials relating to H.R. 3922, the "Older Americans Act."
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Aging - Older Americans Act Amendments of 1975 (1)
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Aging - Older Americans Act Amendments of 1975 (1)
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This file contains materials relating to H.R. 3922, the "Older Americans Act."
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Sarah C. Massengale Files (Ford Administration)
Sarah Massengale's Health, Social Security and Welfare Files
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The original documents are located in Box 3, folder "Aging - Older Americans Act
Amendments 1975 (1)" of the Sarah C. Massengale Files at the Gerald R. Ford Presidential
Library.
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file
Older Americans
Act of 1965,
As Amended
and Related Acts
MARCH 1976
FORD & LIBRARY CERALD
(Bicentennial Compilation)
U.S. DEPARTMENT OF
HEALTH, EDUCATION, AND WELFARE
OFFICE OF HUMAN DEVELOPMENT
ADMINISTRATION ON AGING
Older Americans
Act of 1965,
As Amended
DISCRIMINATION PROHIBITED-Title VI of the Civil
Rights Act of 1964 states: "No person in the United
States shall, on the ground of race, color, or national
and Related Acts
origin, be excluded from participation in, be denied the
benefit of, or be subjected to discrimination under any
program or activity receiving Federal financial assist-
ance." Therefore, the programs covered in this publi-
cation, like every program or activity receiving finan-
cial assistance from the Department of Health, Educa-
tion, and Welfare, must be operated in compliance
with this law.
MARCH 1976
(Bicentennial Compilation)
U.S. DEPARTMENT OF
HEALTH, EDUCATION, AND WELFARE
DHEW Publication No. (OHD) 76-20170
OFFICE OF HUMAN DEVELOPMENT
ADMINISTRATION ON AGING
TABLE OF CONTENTS
Page
PART I-OLDER AMERICANS ACT OF 1965, AS AMENDED
1
Enacting Clause
1
Title I-Declaration of Objectives: Definitions
2
Sec. 101. Declaration of Objectives for Older Americans
2
Sec. 102. Definitions
3
Title II-Administration on Aging
5
Sec. 201. Establishment of Administration on Aging
5
Sec. 202. Functions of Administration
5
Sec. 203. Federal Agency Cooperation
7
Sec. 204. The National Information and Resource
Clearinghouse for the Aging
7
Sec. 205. Federal Council on the Aging
8
Sec. 206. Administration of the Act
11
Sec. 207. Evaluation
12
Sec. 208. Reports
13
Sec. 209. Joint Funding of Projects
13
Sec. 210. Advance Funding
14
Sec. 211. Application of Other Laws
14
Title III-Grants for State and Community Programs on Aging
15
Sec. 301. Purpose
15
Sec. 302. Definitions
15
Sec. 303. Area Planning and Social Service Programs
16
Sec. 304. Organization
20
Sec. 305. State Plans
24
iii
(Title V Continued)
(Title III Continued)
Page
Page
Sec. 306. Planning, Coordination, Evaluation and
Sec. 505. Authorization of Appropriations
45
Administration of State Plans
28
Sec. 506. Mortgage Insurance for Multipurpose Senior
Sec. 307. Payments
31
Centers
45
Sec. 308. Model Projects
32
Sec. 507. Annual Interest Grants
48
Sec. 309. Transportation Projects
34
Part B-Initial Staffing of Multipurpose Senior Centers
49
Sec. 511. Personnel Staffing Grant Program Authorized
49
Title IV-Training and Research
35
Title VI [Repealed]
50
Part A-Training
35
Sec. 401. Statement of Purpose
35
Sec. 402. Appraising Personnel Needs in the Field of
Title VII-Nutrition Program for the Elderly
50
Aging
35
Sec. 701. Findings and Purpose
50
Sec. 403. Attracting Qualified Persons to the Field of
Sec. 702. Administration
51
Aging
36
Sec. 703. Allotment of Funds
52
Sec. 404. Training Programs for Personnel in the Field
Sec. 704. Payment of Grants
53
of Aging
36
Sec. 705. State Plans
53
Part B-Research and Development Projects
38
Sec. 706. Nutrition and Other Program Requirements
56
Sec. 411. Description of Activities
38
Sec. 707. Availability of Surplus Commodities
58
Sec. 412. Special Study and Demonstration Projects on
Sec. 708. Appropriations Authorized
60
the Transportation Problems of Older
Sec. 709. Relationship to Other Laws
61
Americans
39
Sec. 710. Miscellaneous
61
Part C-Multidisciplinary Centers of Gerontology
41
Sec. 421.
41
Title VIII [Repealed]
61
Part D-Authorization of Appropriations
42
Sec. 431. Authorizations
42
Title IX-Community Service Employment for Older Americans
62
Sec. 432. Payment of Grants
42
Sec. 901. Short Title
62
Sec. 902. Older American Community Service
Employment Program
62
Title V-Multipurpose Senior Centers
43
Sec. 903. Administration
65
Part A-Acquisition, Alteration, or Renovation of
Sec. 904. Participants Not Federal Employees
66
Multipurpose Senior Centers
43
Sec. 905. Interagency Cooperation
67
Sec. 501. Grants Authorized
43
Sec. 906. Equitable Distribution of Assistance
67
Sec. 502. Requirements for Approval of Applications
43
Sec. 907. Definitions
70
Sec. 503. Payments
44
Sec. 908. Authorization of Appropriations
70
Sec. 504. Recapture of Payments
45
V
iv
PART II-EXCERPTS OF RELATED ACTS
PART I
Page
Adult Education Act
71
Age Discrimination Act of 1975
72
Comprehensive Employment and Training Act of 1973
77
Domestic Volunteer Service Act of 1973
80
OLDER AMERICANS ACT OF 1965,
Economic Opportunity Act of 1964, As Amended
87
AS AMENDED
Federal-Aid Highway Act of 1973
91
Food Stamp Act of 1964, As Amended
(42 U.S. Code, § 3001, Et. Seq.)
92
Higher Education Act of 1965
93
Housing and Community Development Act of 1974
94
Library Services and Construction Act
95
Public Law 89-73 (July 14, 1965), as amended by
Rehabilitation Act of 1973
100
Public Law 90-42 (July 1, 1967),¹
Social Security Act, As Amended
102
Public Law 91-69 (September 17, 1969),²
Urban Mass Transportation Act of 1964, As Amended
110
Vocational Education Act of 1963
Public Law 92-258 (March 22, 1972),³
112
Public Law 93-29 (May 3, 1973),4
Public Law 93-351 (July 12, 1974),5 and
Public Law 94-135 (November 28, 1975) ⁶
An Act
To provide assistance in the development of new or improved programs
to help older persons through grants to the States for community
planning and services and for training, through research, development,
or training project grants, and to establish within the Department of
Health, Education, and Welfare an operating agency to be designated
as the "Administration on Aging".
1 Hereinafter referred to as the "1967 Amendments".
2 Hereinafter referred to as the "1969 Amendments".
3 Hereinafter referred to as the "1972 Amendments".
4 Hereinafter referred to as the "1973 Amendments".
5 Hereinafter referred to as the "1974 Amendments".
6 Hereinafter referred to as the "1975 Amendments".
vi
1
Be it enacted by the Senate and House of Representatives of the
portation,⁷ which provide social assistance in a coordinated manner and
United States of America in Congress assembled, That this Act may be
which are readily available when needed.
cited as the "Older Americans Act of 1965".
(9) Immediate benefit from proven research knowledge which can
sustain and improve health and happiness.
(10) Freedom, independence, and the free exercise of individual
initiative in planning and managing their own lives.⁸
DEFINITIONS
TITLE I-DECLARATION OF OBJECTIVES:
SEC. 102. For the purposes of this Act-
DEFINITIONS
(1) The term "Secretary" means the Secretary of Health, Education,
and Welfare.
DECLARATION OF OBJECTIVES FOR OLDER AMERICANS
SEC. 101. The Congress hereby finds and declares that, in keeping
7 The 1973 Amendments, sec. 102 inserted including access to low-
with the traditional American concept of the inherent dignity of the indi-
cost transportation,".
vidual in our democratic society, the older people of our Nation are en-
8 In addition to the Declaration of Objectives of the Older Americans
titled to, and it is the joint and several duty and responsibility of the
Act, embodied in sec. 101, the 1973 Amendments stated their objectives,
governments of the United States and of the several States and their
as follows:
political subdivisions to assist our older people to secure equal oppor-
tunity to the full and free enjoyment of the following objectives:
"SEC. 101. The Congress finds that millions of older citizens in this
Nation are suffering unnecessary harm from the lack of adequate
(1) An adequate income in retirement in accordance with the Ameri-
services. It is therefore the purpose of this Act, in support of the
can standard of living.
objectives of the Older Americans Act of 1965, to-
(2) The best possible physical and mental health which science can
(1) make available comprehensive programs which include a full
make available and without regard to economic status.
range of health, education, and social services to our older citizens who
need them,
(3) Suitable housing, independently selected, designed and located
with reference to special needs and available at costs which older citizens
(2) give full and special consideration to older citizens with special
can afford.
needs in planning such programs, and, pending the availability of such
programs for all older citizens, give priority to the elderly with the
(4) Full restorative services for those who require institutional care.
greatest economic and social need,
(3) provide comprehensive programs which will assure the coordi-
(5) Opportunity for employment with no discriminatory personnel
nated delivery of a full range of essential services to our older citizens,
practices because of age.
and, where applicable, also furnish meaningful employment opportuni-
(6) Retirement in health, honor, dignity-after years of contribution
ties for many individuals, including older persons, young persons, and
to the economy.
volunteers from the community, and
(4) insure that the planning and operation of such programs will be
(7) Pursuit of meaningful activity within the widest range of civic,
undertaken as a partnership of older citizens, community agencies, and
cultural, and recreational opportunites.
State and local governments, with appropriate assistance from the
Federal Government."
(8) Efficient community services, including access to low-cost trans-
3
2
(2) The term "Commissioner" means, unless the context otherwise
TITLE II-ADMINISTRATION ON AGING
requires,⁹ the Commissioner of the Administration on Aging.
(3) The term "State" includes the District of Columbia, the Virgin
ESTABLISHMENT OF ADMINISTRATION ON AGING 1
Islands, Puerto Rico, Guam, American Samoa, and the Trust Territory
of the Pacific Islands.
SEC. 201. (a) There is established in the Office of the Secretary an
Administration on Aging (hereinafter in this Act referred to as the "Ad-
of the Pacific Islands".
ministration") which shall be headed by a Commissioner on Aging (here-
inafter in this Act referred to as the "Commissioner"). Except for title
(4) The term "nonprofit" as applied to any agency, institution, or
organization means an agency, institution, or organization which is, or
VI and as otherwise specifically provided by the Older Americans Com-
is owned and operated by,¹¹ one or more corporations or associations
prehensive Services Amendments of 1973, the Administration shall be
no part of the net earnings of which inures, or may lawfully inure, to
the principal agency for carrying out this Act. In the performance of
the benefit of any private shareholder or individual.
his functions, the Commissioner shall be directly responsible to the Office
of the Secretary. The Secretary shall not approve any delegation of the
(4) 12 The term "Indian" means a person who is a member of an
functions of the Commissioner to any other officer not directly responsi-
Indian tribe.
ble to the Commissioner.
(5) 12 The term "Indian tribe" means any tribe, band, nation, or
(b) The Commissioner shall be appointed by the President by and
other organized group or community of Indians (including any Alaska
with the advice and consent of the Senate.
Native village or regional or village corporation as defined in or estab-
lished pursuant to the Alaska Native Claims Settlement Act (Public Law
FUNCTIONS OF ADMINISTRATION
92-203; 85 Stat. 688)) which (A) is recognized as eligible for the spe-
SEC. 202. (a) It shall be the duty and function of the Administration
cial programs and services provided by the United States to Indians
to-
because of their status as Indians; or (B) is located on, or in proximity
to, a Federal or State reservation or rancheria.
(1) serve as a clearinghouse for information related to problems of
the aged and aging;
(6) 12 The term "tribal organization" means the recognized governing
body of any Indian tribe, or any legally established organization of
(2) assist the Secretary in all matters pertaining to problems of the
Indians which is controlled, sanctioned, or chartered by such governing
aged and aging;
body. In any case in which a contract is let or grant made to an organi-
(3) administer the grants provided by this Act;
zation to perform services benefiting more than one Indian tribe, the
approval of each such Indian tribe shall be a prerequisite to the letting
(4) 2 develop plans, conduct and arrange for research in the field of
or making of such contract or grant.
aging, and assist in the establishment of and carry out programs designed
1 The 1973 Amendments, sec. 201(a), completely revised sec. 201, by
(a) requiring that the Administration on Aging be in the Office of the
9 The 1967 Amendments, sec. 5(a)(1) inserted, ", unless the context other-
Secretary, (b) requiring that AoA, with exceptions, be the principal
wise requires,".
agency for carrying out this Act, (c) requiring that the Commissioner, in
the performance of his functions, be directly responsible to the Office
10 The 1969 Amendments, sec. 10(a) added ", and the Trust Territory
of the Secretary, and (d) prohibiting approval by the Secretary of any
11 The 1967 Amendments, sec. 5(a)(2) deleted "The term 'non-profit
delegation of the Commissioner's functions to "any other officer not
institution or organization' means an institution or organization which
directly responsible to the Commissioner", unless the Secretary took
is owned and operated by" and inserted "The term 'nonprofit' as applied
certain actions. However, the 1974 Amendments, sec 2, changed this
to any agency, institution, or organization means an agency, institution,
to an absolute prohibition against such delegation.
or organization which is, or is owned and operated by,".
2 The 1973 Amendments, sec. 201(b)(1), revised paragraph (4). It pre-
12 The 1975 Amendments, sec. 104(b) added the definitions in these
viously read: "(4) develop plans, conduct and arrange for research and
paragraphs (to define these terms as used in Sec. 303(b)(3)).
demonstration programs in the field of aging;".
4
5
to meet the needs of older persons for social services, including nutrition,
(15) provide information and assistance to private nonprofit orga-
hospitalization, preretirement training, continuing education, low-cost
nizations for the establishment and operation by them of programs and
transportation and housing, and health services;
activities related to the purposes of this Act; and
(5) provide technical assistance and consultation to States and politi-
(16) develop, in coordination with other agencies, a national plan for
cal subdivisions thereof with respect to programs for the aged and aging;
meeting the needs for trained personnel in the field of aging, and for
(6) prepare, publish, and disseminate educational materials dealing
training persons for carrying out programs related to the purposes of
with the welfare of older persons;
this Act, and conduct and provide for the conducting of such training.
(7) gather statistics in the field of aging which other Federal agencies
(b) 4 In executing his duties and functions under this Act and carry-
are not collecting;
ing out the programs and activities provided for by this Act, the Com-
missioner, in consultation with the Director of Action, shall take all pos-
(8) stimulate more effective use of existing resources and available
sible steps to encourage and permit voluntary groups active in social
services for the aged and aging;
services, including youth organizations active at the high school or col-
(9) 3 develop basic policies and set priorities with respect to the
lege levels, to participate and be involved individually or through repre-
development and operation of programs and activities conducted under
sentative groups in such programs or activities to the maximum extent
authority of this Act;
feasible, through the performance of advisory or consultative functions,
and in other appropriate ways.
(10) provide for the coordination of Federal programs and activities
related to such purposes;
FEDERAL AGENCY COOPERATION 5
(11) coordinate, and assist in, the planning and development by pub-
lic (including Federal, State, and local agencies) and nonprofit private
SEC. 203. Federal agencies proposing to establish programs substan-
organizations of programs for older persons, with a view to the establish-
tially related to the purposes of this Act shall consult with the Adminis-
ment of a nationwide network of comprehensive, coordinated services
tration on Aging prior to the establishment of such services, and Federal
and opportunities for such persons;
agencies administering such programs shall cooperate with the Adminis-
tration on Aging in carrying out such services.
(12) convene conferences of such authorities and officials of public
(including Federal, State, and local agencies) and nonprofit private
organizations concerned with the development and operation of pro-
THE NATIONAL INFORMATION AND RESOURCE
CLEARING HOUSE FOR THE AGING 5
grams for older persons as the Commissioner deems necessary or proper
for the development and implementation of policies related to the pur-
SEC. 204. (a) The Commissioner is authorized and directed to estab-
poses of this Act;
lish and operate a National Information and Resource Clearing House
(13) develop and operate programs providing services and oppor-
for the Aging which shall-
tunities as authorized by this Act which are not otherwise provided by
(1) collect, analyze, prepare, and disseminate information related to
existing programs for older persons;
the needs and interests of older persons;
(14) carry on a continuing evaluation of the programs and activities
(2) obtain information concerning older persons from public and pri-
related to the purposes of this Act, with particular attention to the im-
vate agencies and other organizations serving the needs and interests of
pact of medicare and medicaid, the Age Discrimination Act of 1967,
older persons and furnish, upon request, information to such agencies
and the programs of the National Housing Act relating to housing for
and organizations, including information developed by Federal, State,
the elderly and the setting of standards for the licensing of nursing homes,
and local public agencies with respect to programs of such agencies
intermediate care homes, and other facilities providing care for older
designed to serve the needs and interests of older persons;
people;
4
The 1973 Amendments, sec. 201(b)(3), added subsection (b).
(16). 3 The 1973 Amendments, sec. 201(b)(2), added paragraphs (9) through
5 The 1973 Amendments, sec. 201(c), added this as a new section of
Title II.
6
7
(3) encourage the establishment of State and local information cen-
(b) (1) Of the members first appointed, five shall be appointed for a
ters and provide technical assistance to such centers, including sources
term of one year, five shall be appointed for a term of two years, and
established under section 304(c)(3) and section (a) (7), to assist
five shall be appointed for a term of three years, as designated by the
older persons to have ready access to information; and
President at the time of appointment.
(4) carry out a special program for the collection and dissemination
of information relevant to consumer interests of older persons in order
(2) Any member appointed to fill a vacancy occurring prior to the
that such older persons may more readily obtain information concerning
expiration of the term for which his predecessor was appointed shall be
goods and services needed by them.
appointed only for the remainder of such term. Members shall be eligible
for reappointment and may serve after the expiration of their terms until
(b) The Commissioner shall take whatever action is necessary to
their successors have taken office.
achieve coordination of activities carried out or assisted by all depart-
ments, agencies, and instrumentalities of the Federal Government with
(3) Any vacancy in the Council shall not affect its powers, but shall
respect to the collection, preparation, and dissemination of information
be filled in the same manner by which the original appointment was
relevant to older persons. To the extent practicable, the Commissioner
made.
shall carry out his functions under this subsection through the National
Information and Resource Clearing House for the Aging.
(4) Members of the Council shall, while serving on business of the
(c) There are authorized to be appropriated to carry out the pur-
Council, be entitled to receive compensation at a rate not to exceed the
poses of this section during the fiscal year ending June 30, 1973, the
daily rate specified for grade GS-18 in section 5332 of title 5, United
fiscal year ending June 30, 1974, the fiscal year ending June 30, 1975,
States Code, including traveltime, and while so serving away from their
the fiscal year ending June 30, 1976, the period beginning July 1, 1976,
homes or regular places of business, they may be allowed travel expenses,
and ending September 30, 1976, and the fiscal years ending September
including per diem in lieu of subsistence, in the same manner as the
30, 1977, and 1978, such sums as may be necessary.⁶
expenses authorized by section 5703 (b) of title 5, United States Code,
for persons in the Government service employed intermittently.
(c) The President shall designate the Chairman from among the
members appointed to the Council. The Council shall meet at the call of
the Chairman but not less often than four times a year. The Secretary
FEDERAL COUNCIL ON THE AGING
and the Commissioner on Aging shall be ex officio members of the
Council.
SEC. 205. (a) There is established a Federal Council on the Aging
to be composed of fifteen members appointed by the President with the
(d) The Council shall-
advice and consent of the Senate for terms of three years without regard
to the provisions of title 5, United States Code. Members shall be ap-
(1) advise and assist the President on matters relating to the special
pointed so as to be representative of older Americans, national organiza-
needs of older Americans;
tions with an interest in aging, business, labor, and the general public.
At least five of the members shall themselves be older persons.
(2) assist the Commissioner in making the appraisal of needs required
by section 402;
6 The 1975 Amendments, sec. 112(a) added authorizations for fiscal
(3) review and evaluate, on a continuing basis, Federal policies re-
years 1976, 1977, and 1978, and for the period July 1-Sept. 30, 1976.
garding the aging and programs and other activities affecting the aging
conducted or assisted by all Federal departments and agencies for the
7 The 1973 Amendments, sec. 201(c) added this as a new section of
purpose of appraising their value and their impact on the lives of older
Title II. Sec. 202 of those Amendments repealed Title VIII of the Act,
Americans; and
sec. 801 of which previously authorized an Advisory Committee on
Older Americans and such technical advisory committees as the Secre-
(4) serve as a spokesman on behalf of older Americans by making
tary deemed appropriate for advising him in carrying out his functions
recommendations to the President, to the Secretary, the Commissioner,
under the Act.
and to the Congress with respect to Federal policies regarding the aging
8
9
and federally conducted or assisted programs and other activities relating
Welfare of the Senate and the Committee on Education and Labor of the
to or affecting them;
House of Representatives.
(5) inform the public about the problems and needs of the aging, in
ADMINISTRATION OF THE ACT 8
consultation with the National Information and Resource Clearing House
for the Aging, by collecting and disseminating information, conducting or
SEC. 206. (a) In carrying out the purposes of this Act, the Commis-
commissioning studies and publishing the results thereof, and by issuing
sioner is authorized to:
publications and reports; and
(1) provide consultative services and technical assistance to public
(6) provide public forums for discussing and publicizing the problems
or nonprofit private agencies and organizations; 10
and needs of the aging and obtaining information relating thereto by
(2) provide short-term training and technical instruction;
conducting public hearings, and by conducting or sponsoring confer-
ences, workshops, and other such meetings.
(3) conduct research and demonstrations;
(e) The Secretary and the Commissioner shall make available to the
(4) collect, prepare, publish, and disseminate special educational or
Council such staff, information, and other assistance as it may require
informational materials, including reports of the projects for which funds
to carry out its activities.
are provided under this Act; and
(f) Beginning with the year 1974 the Council shall make such interim
(5) provide staff and other technical assistance to the Federal Council
reports as it deems advisable and an annual report of its findings and
on the Aging.¹¹
recommendations to the President not later than March 31 of each year.
The President shall transmit each such report to the Congress together
(b) In administering his 12 functions under this Act, the Commis-
with his comments and recommendations.
sioner ⁹ may utilize the services and facilities of any agency of the Fed-
eral Government and of any other public or nonprofit agency or organi-
(g) The Council shall undertake a study of the interrelationships of
zation,¹³ in accordance with agreements between the Commissioner and
benefit programs for the elderly operated by Federal, State, and local
the head thereof, and is authorized to pay therefor, in advance or by way
government agencies. Following the completion of this study, but no
later than January 1, 1976,, the President shall submit to Congress rec-
ommendations for bringing about greater uniformity of eligibility stand-
ards, and for eliminating the negative impact that one program's stand-
ards may have on another.
8 The 1973 Amendments, sec. 201(c) added this as a new section of
Title II. Sec. 202 of those Amendments repealed Title VIII of the Act,
(h) The Council shall undertake a study of the combined impact of
sec. 802 of which contained provisions similar in many respects to the
all taxes on the elderly-including but not limited to income, property,
new sec. 206. Differences between the two are discussed in footnotes 9
sales, social security taxes. Upon completion of this study, but no later
through 14, below.
than January 1, 1976, the President shall submit to Congress, and to
9 Sec. 802, which was superseded by the new sec. 206, used the word,
the Governor and legislatures of the States, the results thereof and such
recommendations as he deems necessary.
"Secretary" at this point.
10 Sec. 802, which was superseded by the new sec. 206, used the words
(i) The Council shall undertake a study or studies concerning the
"agencies, organizations, and institutions" at this point.
effects of the formulae specified in section 303 for allotment among the
11 The 1967 Amendments, sec. 5(e) added "and to provide staff and
States of sums appropriated for area planning and social service pro-
other technical assistance to the President's Council on Aging" to sec.
grams authorized under title III of this Act. Upon completion of this
802, which was superseded by the new sec. 206.
study, but no later than January 1, 1975, the results of such study, to-
gether with recommendations for such changes, if any, in such formulae
12 The 1967 Amendments, sec. 5(f) deleted "their respective" and in-
as may be determined to be desirable and the justification for any changes
serted "his" in sec. 802, which was superseded by the new sec. 206.
recommended, shall be submitted to the Commissioner, the Secretary of
13 Sec. 802, which was superseded by the new sec. 206, used the word
Health, Education, and Welfare, the Committee on Labor and Public
"institution" at this point, instead of "organization".
10
11
of reimbursement, as may be provided in the agreement.
8-1176A-DHEW-1485 Older Americans
(c) 14 For the purpose of carrying out this section, there are author-
studies, evaluations, proposals, and data produced or developed with
ized to be appropriated such sums as may be necessary.
Federal funds shall become the property of the United States.
(f) Such information as the Secretary may deem necessary for pur-
EVALUATION 15
poses of the evaluations conducted under this section shall be made
available to him, upon request, by the departments and agencies of the
SEC. 207. (a) The Secretary shall measure and evaluate the impact
executive branch.
of all programs authorized by this Act, their effectiveness in achieving
stated goals in general, and in relation to their cost, their impact on
(g) The Secretary is authorized to use such sums as may be required,
related programs, and their structure and mechanisms for delivery of
but not to exceed 1 per centum of the funds appropriated under this Act,
services, including, where appropriate, comparisons with appropriate
or $1,000,000 whichever is greater, to conduct program and project
control groups composed of persons who have not participated in such
evaluations (directly, or by grants or contracts) as required by this title.
In the case of allotments from such an appropriation, the amount avail-
programs. Evaluations shall be conducted by persons not immediately
able for such allotments (and the amount deemed appropriated therefor)
involved in the administration of the program or project evaluated.
shall be reduced accordingly.
(b) The Secretary may not make grants or contracts under section
308 or title IV of this Act until he has developed and published general
REPORTS 17
standards to be used by him in evaluating the programs and projects
assisted under such section or title. 16 Results of evaluations conducted
SEC. 208. Not later than one hundred and twenty days after the close
pursuant to such standards shall be included in the reports required by
of each fiscal year, the Commissioner shall prepare and submit to the
section 208.
President for transmittal to the Congress a full and complete report on
the activities carried out under this Act. Such annual reports shall include
(c) In carrying out evaluations under this section, the Secretary shall,
statistical data reflecting services and activities provided individuals dur-
whenever possible, arrange to obtain the opinions of program and project
ing the preceding fiscal year.
participants about the strengths and weaknesses of the programs and
projects.
JOINT FUNDING OF PROJECTS 18
(d) The Secretary shall annually publish summaries of the results of
SEC. 209. Pursuant to regulations prescribed by the President, and to
evaluative research and evaluation of program and project impact and
the extent consistent with the other provisions of this Act,¹⁹ where funds
effectiveness, the full contents of which shall be available to Congress
are provided for a single project by more than one Federal agency to
and the public.
(e) The Secretary shall take the necessary action to assure that all
17 The 1973 Amendments, sec. 201(c) added this as a new section of
Title II. There was previously no comparable provision in the Act. Sec.
207(b) requires the results of certain evaluations to be included in the
14 Sec. 802, which was superseded by sec. 206, contained no language
reports required by this section.
comparable to the new subsection (c).
18 The 1973 Amendments, sec. 201(c) added this as a new section of
15 The 1973 Amendments, sec. 201(c) added this as a new section of
Title II. Sec. 202 of those Amendments repealed Title VIII of the Act,
Title II. Sec. 202 of those amendments repealed Title VIII of the Act,
sec. 805 of which was similar in many respects to the new sec. 209.
sec. 804 of which contained provisions similar in some respects to the
Differences between the two are discussed in footnotes 19 through 21,
new sec. 207-though much briefer and less detailed than the latter.
below. Sec. 805 had been added to the Act by sec. 13 of the 1969
The 1969 Amendments, sec. 12 had added sec. 804 to the Act.
amendments. As to the applicability to this section of the Joint Funding
16 These "general standards" were published in the Federal Register for
Simplification Act of 1974 (P.L. 93-510), see Sec. 211 of this Act.
Thursday, June 28, 1973 (p. 17030, Vol. 38 No. 124).
19 The phrase ", and to the extent consistent with the other provisions
of this Act" was not in sec. 805, which was superseded by the new
12
sec. 209.
13
any agency or organization 20 assisted under this Act, the Federal agency
TITLE III-GRANTS FOR STATE AND
principally involved 21 may be designated to act for all in administering
COMMUNITY PROGRAMS ON AGING 1
the funds provided. In such cases, a single non-Federal share require-
ment may be established according to the proportion of funds advanced
by each Federal agency, and any such agency may waive any technical
PURPOSE 2
grant or contract requirement (as defined by such regulations) which is
inconsistent with the similar requirements of the administering agency
SEC. 301. It is the purpose of this title to encourage and assist State
or which the administering agency does not impose.22
and local agencies to concentrate resources in order to develop greater
capacity and foster the development of comprehensive and coordinated
service systems to serve older persons by entering into new cooperative
ADVANCE FUNDING 23
arrangements with each other and with providers of social services for
planning for the provision of, and providing, social services and, where
SEC. 210. (a) For the purpose of affording adequate notice of funding
necessary, to reorganize or reassign functions, in order to-
available under this Act, appropriations under this Act are authorized
to be included in the appropriation Act for the fiscal year preceding the
(1) secure and maintain maximum independence and dignity in a
home environment for older persons capable of self-care with appropriate
fiscal year for which they are available for obligation.
supportive services; and
(b) In order to effect a transition to the advance funding method of
timing appropriation action, the amendment made by subsection (a)
(2) remove individual and social barriers to economic and personal
independence for older persons.
shall apply notwithstanding that its initial application will result in the
enactment in the same year (whether in the same appropriation Act or
otherwise) of two separate appropriations, one for the then current fiscal
DEFINITIONS 2
year and one for the succeeding fiscal year.
SEC. 302. For purposes of this title-
(1) The term "social services" means any of the following services
APPLICATION OF OTHER LAWS 24
which meet such standards as the Commissioner 3 may prescribe:
SEC. 211. The provisions and requirements of the Act of December
(A) health, continuing education, welfare, informational, recreational,
5, 1974 (Public Law 93-510; 88 Stat. 1604) shall not apply to the ad-
homemaker, counseling, or referral services;
ministration of the provisions of this Act or to the administration of
(B) transportation services where necessary to facilitate access to
any program or activity under this Act.
social services;
(C) services designed to encourage and assist older persons to use
the facilities and services available to them;
20 Sec. 805, which was superseded by the new sec. 209, used the words
"agency, organization, institution, or person" at this point.
21 Sec. 805, which was superseded by the new sec. 209, used the words
1 The 1973 Amendments, sec. 301 completely revised Title III, although
"any one Federal agency" at this point, instead of "the Federal agency
there are similarities between the revised title and the former title. How-
principally involved."
ver, there was no change in the title heading, which was substituted by
22 As to joint funding, see also secs. 211 and 304(d)(2), this Act.
the 1969 Amendments, sec. 4(c) for the 1965 to 1969 heading which
23 The 1973 Amendments, sec. 201(c) added this as a new section of
read, "TITLE III-GRANTS FOR COMMUNITY PLANNING,
Title II. There was previously no comparable provision in the Act.
SERVICES, AND TRAINING."
24 The 1975 Amendments, sec. 102, added this as a new section of
2 The 1973 Amendments added secs. 301 and 302. There were previ-
Title II. P.L. 93-510 is the Joint Funding Simplification Act of 1974,
ously no comparable provisions in Title III.
which was enacted Dec. 5, 1974. As to joint funding, see also sec. 209,
8 The 1973 Amendments throughout Title III substitute the Commis-
above.
sioner for the Secretary.
14
15
(D) services designed to assist older persons to obtain adequate
1976, $57,750,000 for the period beginning July 1, 1976, and ending
housing;
September 30 1976, $231,000,000 for the fiscal year ending September
(E) services designed to assist older persons in avoiding institution-
30, 1977, and $287,200,000 for the fiscal year ending September 30,
alization, including preinstitutionalization evaluation and screening, and
1978,⁶ to enable the Commissioner to make grants to each State with a
home health services;
State plan approved under section 305 (except as provided in section
307(a)) for paying part of the cost (pursuant to subsection (e) of this
(F) 4 services designed to provide legal and other counseling services
section and section 306 ¹) of-
and assistance, including tax counseling and assistance and financial
counseling, to older persons;
(1) the administration of area plans by area agencies on aging desig-
nated pursuant to section 304(a) (2) (A), including the preparation of
(G) 4 services designed to enable older persons to attain and maintain
area plans on aging consistent with section 304(c) and the evaluation
physical and mental well being through programs of regular physical
of activities carried out under such plans;
activity and exercise; or
(2) the development of comprehensive and coordinated systems for
(H) any other services;
the delivery of social services; and
if such services are necessary for the general welfare of older persons.
(3) activities carried out pursuant to section 306.⁷
(2) The term "unit of general purpose local government" means (A)
(b) (1) From the sums appropriated for the fiscal year ending June
a political subdivision of the State whose authority is broad and general
30, 1973, under subsection (a) of this section, (A) Guam, American
and is not limited to only one function or a combination of related func-
tins, or (B) an Indian tribal organization.
Samoa, the Virgin Islands, and the Trust Territory of the Pacific Is-
lands shall each be allotted an amount equal to one-fourth of 1 per
(3) The term "comprehensive and coordinated system" means a
centum of such sum, (B) each other State shall be allotted an amount
system for providing all necessary social services in a manner designed
equal to one-half of 1 per centum of such sum, and (C) from the re-
to-
mainder of the sum so appropriated, each State shall be allotted an addi-
tional amount which bears the same ratio to such remainder as the popu-
(A) facilitate accessibility to and utilization of all social services pro-
lation aged sixty or over in such State bears to the population aged sixty
vided within the geographic area served by such system by any public or
or over in all States.⁹
private agency or organization;
(B) develop and make the most efficient use of social services in
6 The 1975 Amendments, sec. 112(b)(1) added authorizations for fiscal
meeting the needs of older persons; and
years 1976, 1977, and 1978, and for the period July 1-Sept. 30, 1976.
(C) use available resources efficiently and with a minimum of
7 From 1969 until enactment of the 1973 Amendments, there were two
duplication.
separate authorizations for project support and for planning, coordina-
tion, evaluation and administration of State plans. The 1973 Amend-
ments provide one authorization for these two purposes.
AREA PLANNING AND SOCIAL SERVICE PROGRAMS
8 The 1969 Amendments, sec. 10(b), added "the Trust Territory of the
SEC. 303. (a) There are authorized to be appropriated such sums as
Pacific Islands" to the list of jurisdictions other than States which are
may be necessary for the fiscal year ending June 30, 1973, $103,600,000
entitled to share in Title III allotments.
for the fiscal year ending June 30, 1974, $130,000,000 for the fiscal year
9 From the enactment of the Act in 1965 until the 1973 Amendments,
ending June 30, 1975,5 $180,000,000 for the fiscal year ending June 30,
the statutory formula for allotting Title III formula grant funds required
that each State be allotted one percent of the amount appropriated,
each of the other jurisdictions named be allotted one-half of one per-
cent, and that from the remainder of each year's appropriation each
4 The 1975 Amendments, sec. 103, added subparagraphs (F) and (G) to
State and other jurisdiction be allotted an additional amount which bore
the definition of "social services".
"the same ratio to such remainder as the population aged sixty-five or
5 The 1973 Amendments provided authorizations for fiscal years 1973,
over in such State bears to the population aged sixty-five or over in
1974, and 1975.
all the States
16
17
(2) Subject to the provisions of paragraph (3),¹⁰ from the sums ap-
for a grant for a fiscal year under this paragraph, it shall submit to the
propriated for the fiscal year ending June 30, 1974, for the fiscal year
Commissioner a plan for such fiscal year which meets such criteria as
ending June 30, 1975, for the fiscal year ending June 30, 1976, the
the Commissioner may prescribe by regulation and which meets criteria
period beginning July 1, 1976, and ending September 30, 1976, and
established by section 305 (a), to the extent the Commissioner determines
for the fiscal years ending September 30 1977, and 1978,¹¹ each State
such criteria to be appropriate.
shall be allotted an amount which bears the same ratio to such sums as
the population aged sixty or over in such State bears to the population
(D) Recipients of grants under this paragraph may retain for admin-
aged sixty or over in all States, except that (A) no State shall be allotted
istrative purposes an amount equal to the amount available for the cost
less than one-half of 1 per centum of the sum appropriated for the fiscal
of the administration of area plans under section 303(e)(1).
year for which the determination is made; (B) Guam, American Samoa,
(4) The number of persons aged sixty or over in any State and in
the Virgin Islands, and the Trust Territory of the Pacific Islands shall
all States, and the number of Indians aged sixty or over on, or in prox-
each be allotted no less than one-fourth of 1 per centum of the sum ap-
imity to, any Federal or State reservation or rancheria 12 shall be deter-
propriated for the fiscal year for which the determination is made; and
mined by the Commissioner on the basis of the most recent and satis-
(C) no State shall be allotted an amount less than that State received
factory data available to him.
for the fiscal year ending June 30, 1973. For the purpose of the excep-
tion contained in clause (A) of this paragraph only, the term "State"
(c) Whenever the Commissioner determines 13 that any amount al-
does not include Guam, American Samoa, the Virgin Islands, and the
lotted to a State for a fiscal year under this section will not be used by
Trust Territory of the Pacific Islands.
such State for carrying out the purpose for which the allotment was
made, he shall make such amount available for carrying out such pur-
(3) 10 (A) In any State in which the Commissioner determines (after
pose to one or more other States to the extent he determines such other
having taken into account the amount of funds available to the State
States will be able to use such additional amount for carrying out such
agency or to an appropriate area agency on aging to carry out the pur-
purpose. Any amount made available to a State from an appropriation
poses of this title) that the members of an Indian tribe are not receiving
for a fiscal year pursuant to the preceding sentence shall, for purposes
benefits under this title that are equivalent to benefits provided to other
of this title, be regarded as part of such State's allotment (as determined
older persons in the State or appropriate area, and if he further deter-
under the preceding provisions of this section) for such year.
mines that the members of such tribe would be better served by means of
grants made directly to provide such benefits, he shall reserve from sums
(d) The allotment of a State under this section for the fiscal year
that would otherwise be allotted to such State under paragraph (2) not
ending June 30, 1973, shall remain available until the close of the fol-
less than 100 per centum nor more than 150 per centum of an amount
lowing fiscal year.
which bears the same ratio to the State's allotment for the fiscal year
(e) From a State's allotment under this section for a fiscal year-
involved as the population of all Indians aged sixty or over for whom a
determination under this paragraph has been made bears to the popula-
(1) such amount as the State agency determines, but not more than
tion of all persons aged sixty or over in such State.
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
(B) The sums reserved by the Commissioner on the basis of his de-
of administration of area plans; and
termination under this paragraph shall be granted to the tribal organiza-
tion serving the individuals for whom such a determination has been
(2) such amount as the State agency determines, but (beginning with
made, or where there is no tribal organization, to such other entity as
the fiscal year ending June 30, 1975) not more than 20 per centum
he determines has the capacity to provide services pursuant to this title.
(C) In order for a tribal organization or other entity to be eligible
12 The comma and 21 words following "States" were inserted by the
1975 Amendments, sec. 104(d).
13 Until 1969, the Act required that, in order for an amount to be avail-
10 The 1975 Amendments, sec. 104, inserted paragraph (3), and added
able for reallotment from the State to which it was allotted, the State
the first seven words of paragraph (2).
must have first notified the Secretary that that amount will not be re-
11 The 1975 Amendments, sec. 112(b)(2) made paragraph (2) effective
quired in that State. The 1969 Amendments, sec. 6 deleted "State
during fiscal years 1976, 1977, and 1978, and the period July 1-Sept.
notifies the Secretary" and inserted "Secretary determines" (that such
30, 1976.
funds will not be needed in that State).
18
19
thereof, shall be available for paying such percentage as such agency
plan to be submitted to the Commissioner for approval under section
determines, but not more than 75 per centum,¹⁴ of the cost of social
305, (B) administer the State plan within such State, (C) be primarily
services which are not provided as a part of a comprehensive and coor-
responsible for the coordination of all State activities related to the pur-
dinated system in planning and service areas for which there is an area
poses of this Act, (D) review and comment on, at the request of any Fed-
plan approved by the State agency.
eral department or agency, any application from any agency or organi-
zation within such State to such Federal department or agency for as-
The remainder of such allotment shall be available to such State only
sistance related to meeting the needs of older persons; and (E) divide
for paying such percentage as the State agency determines, but not more
the entire State into distinct areas (hereinafter in this title referred to as
than 90 per centum 14 of the cost of social services provided in the State
"planning and service areas"), in accordance with regulations of the
as a part of comprehensive and coordinated systems in planning and
Commissioner, after considering the geographical distribution of indi-
service areas for which there is an area plan approved by the State
viduals aged sixty and older in the State, the incidence of the need for
agency.
social services (including the numbers of older persons with low incomes
residing in such areas), the distribution of resources available to provide
ORGANIZATION
such services, the boundaries of existing areas within the State which
State Organization
where drawn for the planning or administration of social services pro-
grams, the location of units of general purpose local government within
SEC. 304. (a) In order for a State to be eligible to participate in the
the State, and any other relevant factors: Provided, That any unit of
programs of grants to States from allotments under section 303 and
general purpose local government which has a population aged sixty or
section 306-
over of fifty thousand or more or which contain 15 per centum or more
(1) the State shall, in accordance with regulations of the Commis-
of the State's population aged sixty or over shall be designated as a
sioner, designate a State agency as the sole State agency 15 (hereinafter
planning and service area; except that the State may designate as a plan-
in this title referred to as "the State agency") to: (A) develop the State
ning and service area, any region within the State recognized for pur-
poses of areawide planning which includes one or more such units of
14 From 1965 until the 1973 Amendments, payments from a State's
general purpose local government when the State determines that the
allotment for a project in that State could not exceed 75 percent of
designation of such a regional planning and service area is necessary
project costs the first year, 60 percent the second, and 50 percent the
for, and will enhance, the effective administration of the programs au-
third. Until 1969, no support could be given from the State's allotment
thorized by this title, the State may include in any planning and service
for such a project after the third year of such financing. The 1969
area designated pursuant to this provision such additional areas adjacent
Amendments, sec. 3(a)(2) permitted project support for the fourth and
to the unit of general purpose local government or region so designated
any subsequent year at not to exceed 50 percent.
as the State determines to be necessary for, and will enhance, the effec-
15 Sec. 204 of the "Intergovernmental Cooperation Act of 1968" (P.L.
tive administration of the programs authorized by this title, and
90-577) provided: "204. Notwithstanding any other Federal law which
provides that a single State agency or multimember board or commission
(2) the State agency designated pursuant to paragraph (1) shall-
must be established or designated to administer or supervise the adminis-
tration of any grant-in-aid program, the head of any Federal department
(A) determine for which planning and service areas an area plan will
or agency administering such program may, upon request of the Gov-
be developed, in accordance with subsection (c) of this section, and for
ernor or other appropriate executive or legislative authority of the State
each such area designate, after consideration of the views offered by the
responsible for determining or revising the organizational structure of
unit or units of general purpose local government in such area, a public
State government, waive the single State agency or multimember board
or nonprofit private agency or origanization as the area agency on aging
or commission provision upon adequate showing that such provision
for such area; and
prevents the establishment of the most effective and efficient organiza-
tional arrangements within the State government and approve other
(B) provide assurances, satisfactory to the Commissioner that the
State administrative structure or arrangements: Provided, That the head
State agency will take into account, in connection with matters of gen-
of the Federal department or agency determines that the objectives of
eral policy arising in the development and administration of the State
the Federal statute authorizing the grant-in-aid program will not be
plan for any fiscal year, the views of recipients of social services provided
endangered by the use of such other State structure or arrangements".
under such plan.
20
21
Area Organization
system for the delivery of social services within the planning and service
area covered by the plan, including determining the need for social serv-
(b) An area agency on aging designated under subsection (a) must
ices in such area (taking into consideration, among other things, the
be-
numbers of older persons with low incomes residing in such area), evalu-
(1) an established office of aging which is operating within a plan-
ating the effectiveness of the use of resources in meeting such need, and
ning and service area designated pursuant to subsection (a) of this
entering into agreements with providers of social services in such area,
section, or
for the provision of such services to meet such need;
(2) any office or agency of a unit of general purpose local govern-
(2) in accordance with criteria established by the Commissioner by
ment, which is designated for this purpose by the chief elected official
regulation relating to priorities, and consistent with the provisions of the
or officials of such unit, or
State plan relating to the services required to be provided under section
305 (a) (10),¹ provide for the initiation, expansion, or improvement of
(3) any office or agency designated by the chief elected official or
social services in the planning and service area covered by the area plan;
officials of a combination of units of general purpose local government
to act on behalf of such combination for this purpose, or
(3) provide for the establishment or maintenance of information and
referral sources in sufficient numbers to assure that all older persons
(4) any public or nonprofit private agency in a planning and service
within the planning and service area covered by the plan will have rea-
area which is under the supervision or direction for this purpose of the
sonably convenient access to such sources. For purposes of this section
designated State agency and which can engage in the planning or provi-
and section (a) (7), an information and referral source is a location
sion of a broad range of social services within such planning and service
where the State or other public or private agency or organization (A)
area,
maintains current information with respect to the opportunities and serv-
and must provide assurance, found adequate by the State agency, that
ices available to older persons, and develops current lists of older per-
it will have the ability to develop an area plan and to carry out, directly
sons in need of services and opportunities, and (B) employs a specially
or through contractual or other arrangements, a program pursuant to the
trained staff to inform older persons of the opportunities and services
plan within the planning and service area. In designating an area agency
which are available, and assists such persons to take advantage of such
on aging, the State agency shall give preference to an established office
opportunities and services; and
on aging, unless the State agency finds that no such office within the
(4) provide that the area agency on aging will-
planning and service area will have the capacity to carry out the area
plan.
(A) conduct periodic evaluations of activities carried out pursuant
to the area plan;
Area Plans 16
(B) render appropriate technical assistance to providers of social
services in the planning and service area covered by the area plan;
(c) In order to be approved by the State agency, an area plan for a
(C) 18 take into account, in connection with matters of general policy
planning and service area shall be developed by the area agency on aging
arising in the development and administration of the area plan, the views
designated with respect to such area under subsection (a) and shall-
of recipients of services under such plan;
(1) provide for the establishment of a comprehensive and coordinated
17 This phrase (". and consistent with ") was inserted by the 1975
Amendments, sec. 106(c).
16 Sec. 209, Housing and Urban Development Act of 1974 (P.L. 93-
18 From 1973 until 1975, this was subparagraph (D), following a sub-
383, Aug. 22, 1974) requires that low-income housing for the elderly
paragraph (C) which was deleted by the 1975 Amendments, sec. 105(a).
and handicapped provide quality services and management consistent
The deleted subparagraph (C) read as follows:
with the needs of the occupants, and that such projects be "in support of
"(C) where necessary and feasible, enter into arrangements, consistent
and supported by the applicable State plans for comprehensive services
with the provisions of the area plan, under which funds under this title
pursuant to section 134 of the Mental Retardation Facilities and Com-
may be used to provide legal services to older persons in the planning
munity Mental Health Center Construction Act of 1963 or State and
and service area carried out through federally assisted programs or other
area plans pursuant to Title III of the Older Americans Act of 1965."
public or nonprofit agencies;"
22
23
(D) where possible, enter into arrangements with organizations pro-
ing methods relating to the establishment and maintenance of personnel
viding day care services for children so as to provide opportunities for
standards on a merit basis, except that the Commissioner shall exercise
older persons to aid or assist, on a voluntary basis, in the delivery of
no authority with respect to the selection, tenure of office, or compen-
such services to children; and
sation of an individual employed in accordance with such methods)
as are necessary for the proper and efficient administration of the plan; 25
(E) establish an advisory council, consisting of representatives of the
target population and the general public, to advise the area agency on
(3) provides that the State agency will make such reports, in such
all matters relating to the administration of the plan and operations con-
form, and containing such information, as the Commissioner may from
ducted thereunder.
time to time require, and comply with such requirements as the Com-
missioner may impose to assure the correctness of such reports;
(d) 19 (1) Subject to regulations prescribed by the Secretary of
Health, Education, and Welfare, an area agency on aging designated
(4) provides that the State agency will conduct periodic evaluations
under subsection (a) or, in areas of a State where no such agency has
of activities and projects carried out under the State plan;
been designated, the State agency, is authorized to enter into agreements
(5) establishes objectives, consistent with the purposes of this title,
with agencies administering programs under the Rehabilitation Act of
toward which activities under the plan will be directed, identifies ob-
1973,20 and titles VI, XIX,²¹ and XX 22 of the Social Security Act for
stacles to the attainment of those objectives, and indicates how it
the purpose of developing and implementing plans for meeting the com-
proposes to overcome those obstacles;
mon need for transportation services of persons receiving benefits under
(6) provides that each area agency on aging designated pursuant to
such Acts and older persons participating in programs authorized by
section 304(a) (2) (A) will develop and submit to the State agency for
titles III and VII of this Act.
approval an area plan which complies with section 304(c);
(2) Pursuant to an agreement entered into under paragraph (1),
(7) provides for establishing or maintaining information and referral
funds appropriated under titles III and VII of this Act may be used to
sources in sufficient numbers to assure that all older persons in the
purchase transportation services for older persons and may be pooled 23
State who are not furnished adequate information and referral sources
with funds made available for the provision of transportation services
under section 304(c) (3) will have reasonably convenient access to such
under the Rehabilitation Act of 1973, and titles VI, XIX, and XX of
sources;
the Social Security Act.
(8) provides that no social service will be directly provided by the
State agency or an area agency on aging, except where, in the judgment
STATE PLANS 24
of the State agency, provision of such service by the State agency or an
SEC. 305. (a) In order for a State to be eligible for grants for a fiscal
area agency on aging is necessary to assure an adequate supply of such
year from its allotments under section 303 and section 306, except as
service;
provided in section 307(a), it shall submit to the Commissioner a State
(9) provides that subject to the requirements of merit employment
plan for such year which meets such criteria as the Commissioner may
systems of State and local governments, preference shall be given to
prescribe by regulation and which-
persons aged sixty or over for any staff positions (full time or part
(1) provides that the State agency will evaluate the need for social
time) in State and area agencies for which such persons qualify; and
services within the State and determine the extent to which existing
(10) 26 provides assurances in such form as the Commissioner shall
public or private programs meet such need;
prescribe that of the funds alloted to the State under section 303(b) in
(2) provides for the use of such methods of administration (includ-
any fiscal year to carry out the State plan, not less than 50 per centum
25 Paragraph (2) supersedes, and is substantially identical to, paragraph
19 Subsection (d) was added by the 1975 Amendments, sec. 105(b).
(6) of sec. 303(a) of the Act as it read before the 1973 Amendments.
20 See footnote 1, p. 101.
The Intergovernmental Personnel Act of 1970 (P.L. 91-648-Jan. 5,
21 See footnote 2, p. 104.
1971), sec. 208(a)(3)(B) transferred to the U.S. Civil Service Commis-
22 See footnote 4, p. 106.
sion "all functions, powers, and duties of the Secretary under
para-
23 As to joint funding, see also sec. 209, above.
graph (6), as it then read.
24 See footnote 16.
26 Paragraph (10) was added by the 1975 Amendments, sec. 106(a).
24
25
of the amount by which such allotment exceeds the allotment made for
(1) the State is not eligible under section 304,
the same purpose in the fiscal year ending June 30, 1975, shall be used
(2) the State plan has been so changed that it no longer complies
for the purposes set forth in section 305(b), except with respect to any
with the provisions of subsection (a), or
State which provides assurances found satisfactory by the Commissioner
that at least 33½ per centum of the total amount allotted to the State
(3) in the administration of the plan there is a failure to comply
under section 303(b) to carry out the State plan in any fiscal year shall
substantially with any such provision of subsection (a), the Commis-
be used for the purposes set forth in section 305(b), but in no case shall
sioner shall notify such State agency that no further payments from its
less than 20 per centum of the funds allotted to any State under section
allotments under section 303 and section 306 will be made to the State
303(b) to carry out the State plan in any fiscal year beginning after
(or, in his discretion, that further payments to the State will be limited to
September 30, 1976, be used for the purposes set forth in section
projects under or portions of the State plan not affected by such failure),
305(b).
until he is satisfied that there will no longer be any failure to comply.
Until he is so satisfied, no further payments shall be made to such
(b) 27 Every State plan shall provide for the establishment or main-
State from its allotments under section 303 and section 306 (or pay-
tenance of programs (including related training) for the provision of
ments shall be limited to projects under or portions of the State plan
some or all of the following services designed to assist older persons in
not affected by such failure). The Commissioner shall, in accordance
leading independent lives and avoiding unnecessary institutionalization:
with regulations he shall prescribe, disburse the funds so withheld
(1) Transportation services.
directly to any public or nonprofit private organization or agency or
political subdivision of such State 29 submitting an approved plan in
(2) Home services, including homemaker services, home health serv-
accordance with the provisions of section 304 and section 306. Any
ices, shopping services, escort services, reader services, letter writing
such payment or payments shall be matched in the proportions specified
services, and other services designed to assist such persons to continue
in sections 303 and 306.
living independently in a home environment.
(f) 28 A State which is dissatisfied with a final action of the Com-
(3) Legal and other counseling services and assistance programs, in-
missioner under subsection (b), (c), or (d) may appeal to the United
cluding tax counseling and assistance and financial counseling, for older
States court of appeals for the circuit in which the State is located, by
persons.
filing a petition with such court within sixty days after such final action.
(4) Residential repair and renovation programs designed to enable
A copy of the petition shall be forthwith transmitted by the clerk of the
older persons to maintain their homes in conformity with minimum
court to the Commissioner, or any officer designated by him for that
housing standards or to adapt homes to meet the needs of elderly persons
purpose. The Commissioner thereupon shall file in the court the record
suffering from physical disabilities.
of the proceedings on which he based his action, as provided in section
2112 of title 28, United States Code. Upon the filing of such petition,
(c) The Commissioner shall approve any State plan which he finds
the court shall have jurisdiction to affirm the action of the Commissioner
fulfills the requirements of subsection (a) of this section.
or to set it aside, in whole or in part, temporarily or permanently, but
(d) The Commissioner shall not make a final determination disap-
until the filing of the record, the Commissioner may modify or set aside
proving any State plan, or any modification thereof, or make a final
his order. The findings of the Commissioner as to the facts, if supported
determination that a State is ineligible under section 304, without first
by substantial evidence, shall be conclusive, but the court, for good
affording the State reasonable notice and opportunity for a hearing.
cause shown, may remand the case to the Commissioner to take further
evidence, and the Commissioner may thereupon make new or modified
(e) 28 Whenever the Commissioner, after reasonable notice and op-
findings of fact and may modify his previous action, and shall file in the
portunity for hearing to the State agency, finds that-
court the record of the further proceedings. Such new or modified find-
27 Subsection (b) was inserted by the 1975 Amendments, sec. 106(b).
29 The 1973 Amendments, for the first time since the Act was enacted in
28 Subsections (e) and (f) are substantially identical to sec. 303(b) of the
1965, authorized disbursement of a State's allotment to an entity other
Act as it read before the 1973 Amendments, except as noted in footnote
than the State agency on aging, where there has been a compliance
29.
failure.
26
27
ings of fact shall likewise be conclusive if supported by substantial evi-
dence. The judgment of the court affirming or setting aside, in whole or
303 for carrying out the purposes of this section, each State shall be
in part, any action of the Commissioner shall be final, subject to review
allotted 32 an amount which bears the same ratio to such sum as the
by the Supreme Court of the United States upon certiorari or certifica-
population aged sixty or over in such State bears to the population aged
tion as provided in section 1254 of title 28, United States Code. The
sixty or over in all States, except that (A) no State shall be allotted
commencement of proceedings under this subsection shall not, unless so
less than one-half of 1 per centum of the sum appropriated for the fiscal
specifically ordered by the court, operate as a stay of the Commissioner's
year for which the determination is made, or $200,000,3 whichever is
action.
greater, and (B) Guam, American Samoa, the Virgin Islands, and the
Trust Territory of the Pacific Islands 34 shall each be allotted no less
than one-fourth of 1 per centum of the sum appropriated for the fiscal
PLANNING, COORDINATION, EVALUATION, AND
year for which the determination is made, or $62,500,35 whichever is
ADMINISTRATION OF STATE PLANS 30
greater. For the purpose of the exception contained in clause (A) of
this paragraph, the term "State" does not include Guam, American
SEC. 306. (a) (1) Amounts appropriated as authorized by section
Samoa, the Virgin Islands, and the Trust Territory of the Pacific
303 30 may be used to make grants to States for paying such percentages
Islands.³⁴
as each State agency determines, but not more than 75 per centum,³¹ of
the cost of the administration of its State plan, including the preparation
(2) 36 (A) Any State which desires to receive amounts, in addition
of the State plan, the evaluation of activities carried out under such plan,
to amounts allotted to such State under paragraph (1), to be used in the
the collection of data and the carrying out of analyses related to the
administration of its State plan in accordance with subsection (a) may
need for social services within the State, the dissemination of informa-
transmit an application to the Commissioner in accordance with this
tion so obtained, the provision of short-term training to personnel of
paragraph. Any such application shall be transmitted in such form, and
public or nonprofit private agencies and organizations engaged in the
according to such procedures, as the Commissioner may require, except
operation of programs authorized by this Act, and the carrying out of
that such application may not be made as part of, or as an amendment
to, the State plan.
demonstration projects of statewide significance relating to the initiation,
expansion, or improvement of social service.
(B) The Commissioner may approve any application transmitted by
(2) Any sums allotted to a State under this section for covering part
a State under subparagraph (A) if the Commissioner determines, based
of the cost of the administration of its State plan which the State deter-
upon a particularized showing of need, that-
mines is not needed for such purpose may be used by such State to sup-
(i) such State will be unable to fully and effectively administer
plement the amount available under section 303(e)(1) to cover part of
its State plan and to carry out programs and projects authorized
the cost of the administration of area plans.
(3) Any State which has designated a single planning and service
area pursuant to section 304(a) (1) (E) covering all, or substantially all,
32 See footnote 9, this title.
of the older persons in such State, as determined by the Commissioner,
33 The 1965 Act, sec. 304, provided a minimum of $15,000 per State for
may elect to pay part of the costs of the administration of State and
State plan administration, which was increased to $25,000 by the 1967
area plans either out of sums allotted under this section or out of sums
Amendments, sec. 3, to $75,000 by the 1969 Amendments. sec. 4(b),
made available for the administration of area plans pursuant to section
and to $160,000 by the 1973 Amendments, and, finally, to $200,000 by
303(e) (1), but shall not pay such costs out of sums allotted under both
the 1975 Amendments, sec. 107 (a).
such sections.
34 See footnote 8, this title.
(b) (1) From the sums appropriated for any fiscal year under section
35 The 1965 Act. sec. 304, provided a minimum of $15,000 for State
plan administration, including administration of plans of U.S. jurisdic-
tions other than States. This minimum was increased to $25,000 by the
30 See footnote 7, this title.
1967 Amendments, sec. 3, to $50,000 for the named jurisdictions other
31 The 1965 Act, sec. 304 limited the Federal matching percentage for
than States by the 1973 Amendments, and, finally, to $62,500 by the
1975 Amendments, sec. 107(a).
State plan administration to 50 percent. The 1969 Amendments, sec.
4(b) raised this limit to 75 percent.
107(b). 36 Paragraphs (2) and (3) were inserted by the 1975 Amendments, sec.
28
29
year; and the total of such reductions shall be similarly reallotted among
by this title and by title VII unless such additional amounts are
the States whose proportionate amounts were not so reduced. Such
made available by the Commissioner:
reallotments shall be made on the basis of the State plan so approved,
(ii) such State is making full and effective use of its allotment
after taking into consideration the population aged sixty or over. Any
under paragraph (1) and of the personnel of the State agency
amount reallotted to a State under this subsection during a year shall
and area agencies designated under section 305 in the administra-
be deemed part of its allotment under subsection (b) for that year.
tion of its State plan in accordance with subsection (a); and
(d) The allotment of a State under this section for the fiscal year
(iii) the State agency and area agencies of such State desig-
ending June 30, 1973, shall remain available until the close of the
nated under section 305 are carrying out, on a full-time basis,
following fiscal year.
programs and activities which are in furtherance of the purposes
of this Act.
PAYMENTS
(C) The Commissioner may approve that portion of the amount
SEC. 307. (a) Payments of grants or contracts under this title may be
requested by a State in its application under subparagraph (A) which
made (after necessary adjustments on account of previously made over-
he determines has been justified in such application.
payments or underpayments) in advance or by way of reimbursement,
(D) Amounts which any State may receive in any fiscal year under
and in such installments, as the Commissioner may determine. 38 From
this paragraph may not exceed three-fourths of 1 per centum of the
a State's allotment for a fiscal year which is available pursuant to sec-
sum of the amounts allotted to such State to carry out the State plan
tion 306 the Commissioner may pay to a State which does not have
under section and section 703(a) for such fiscal year.
State plan approved under section 305 such amounts as he deems ap-
(E) No application by a State under subparagraph (A) shall be
propriate for the purpose of assisting such State in developing a State
plan. From a State's allotment for a fiscal year which is available
approved unless it contains assurances that no amounts received by
such State under this paragraph will be used to hire any person to fill
pursuant to section 303, the Commissioner may, during the period
ending one year after the date of enactment of the Older Americans
a job opening created by the action of such State in laying off or ter-
Comprehensive Services Amendments, pay, in accordance with such
minating the employment of any regular employee not supported under
regulations as he may prescribe, to a State which does not have a State
this Act in anticipation of filling the vacancy so created by hiring an
employee to be supported through use of amounts received under this
plan approved under section 305, such amounts as he deems appro-
priate for the purpose of continuing Federal financial assistance for
paragraph.
activities assisted under the plan of such State approved under section
(3) 36 Each State shall be entitled to an allotment under this section
303 of this Act prior to enactment of the Older Americans Compre-
for any fiscal year in an amount which is not less than the amount
hensive Services Amendments.
of the allotment to which such State was entitled under paragraph (1)
(b) Beginning with the fiscal year ending June 30, 1975, not less
for the fiscal year ending June 30, 1975.
than 25 per centum of the non-Federal share (pursuant to section
(4) The number of persons aged sixty or over in any State and in all
303(e)) of the total expenditures under the State plan shall be met from
States shall be determined by the Commissioner on the basis of the
funds from State or local public sources.
most recent satisfactory data available to him.
(c) A State's allotment under section 303 for a fiscal year shall be
(c) The amounts of any State's allotment under subsection (b) for
reduced by the percentage (if any) by which its expenditures for such
any fiscal year which the Commissioner determines 37 will not be re-
year from State sources under its State plan approved under section
quired for that year shall be reallotted, from time to time and on such
dates during such year as the Commissioner may fix, to other States
in proportion to the original allotments to such States under subsection
(b) for that year, but with such proportionate amount for any of such
other States being reduced to the extent it exceeds the sum the Com-
38 The first sentence of sec. 307 is substantially identical to sec. 305 of
missioner estimates such State needs and will be able to use for such
the 1965 Act, which was not amended before enactment of the 1973
Amendments. The remainder of sec. 307 was added by the 1973 Amend-
ments.
37 See footnote 13, this title.
31
30
305 are less than its expenditures from such sources for the preceding
possible, free tuition arrangements with colleges and universities;
fiscal year.
(3) provide preretirement education information, and relevant serv-
ices (including the training of personnel to carry out such programs and
MODEL PROJECTS 39
the conducting of research with respect to the development and opera-
tion of such programs) to persons planning retirement;
SEC. 308. (a) The Commissioner may, after consultation with the
State agency,40 make grants to any public or nonprofit private agency
(4) provide services to assist in meeting the particular needs of the
or organization or contracts with any agency or organization 41 within
physically and mentally impaired older persons including special trans-
such State for paying part or all 42 of the cost of developing or operating
portation and escort services, homemaker, home health and shopping
statewide, regional, metropolitan area, county, city, or community model
services, reader services, letter writing services, and other services de-
projects which will expand or improve social services or otherwise pro-
signed to assist such individuals in leading a more independent life; or
mote the well-being of older persons. In making grants and contracts
under this section, the Commissioner shall give special consideration 43
(5) 44 enable State agencies on aging and other public and private
to projects designed to-
nonprofit organizations to assist in the promotion and development of
(1) assist in meeting the special housing needs of older persons by
omsbudsman services for resident of nursing homes;
(A) providing financial assistance to such persons, who own their own
homes, necessary to enable them to make the repairs and renovations to
(6) 44 meet the special needs of, and improve the delivery of services
their homes, which are necessary for them to meet minimum standards,
to, older persons who are not receiving adequate services under other
(B) studying and demonstrating methods of adapting existing housing,
provisions of this Act, with emphasis on the needs of low-income, minor-
or construction of new housing, to meet the needs of older persons suf-
ity, Indian, and limited-English speaking individuals and the rural el-
fering from physical disabilities, and (C) demonstrating alternative
derly; or
methods of relieving older persons of the burden of real property taxes
(7) 44 assist older persons to remain within their communities and
on their homes;
out of institutions and to maintain their independent living by (A) pro-
(2) provide continuing education to older persons designed to enable
viding financial assistance for the establishment and operation of senior
them to lead more productive lives by broadening the educational, cul-
ambulatory care day centers (providing a planned schedule of health,
tural, or social awareness of such older persons, emphasizing, where
therapeutic, educational, nutritional, recreational and social services at
least twenty-four hours per week, transportation arrangements at low or
no cost for participants to and from the center, a hot mid-day meal, out-
39 Sec. 308, as added to Title III by the 1973 Amendments, supersedes
reach and public information programs, and opportunities for maximum
sec. 305 ("Areawide Model Projects"), which was added to the Act by
participation of senior participants and senior volunteers in the planning
the 1969 Amendments. Major differences between the two are discussed
and operation of such center), and (B) maintaining or initiating arrange-
in footnotes 40, 41, 42, and 43, below.
ments (or providing reasonable assurances that such arrangements will be
40 In lieu of "after consultation with the State agency", the section added
maintained or initiated) with the agency of the State concerned which ad-
by the 1969 Amendments at this point contained the phrase, "upon such
ministers or supervises the administration of a State plan approved under
title XIX of the Social Security Act, and with other appropriate social
terms as he may deem appropriate."
services agencies receiving, or reimbursed through, Federal financial as-
41 The section added by the 1969 Amendments permitted model project
sistance, for the payment of all or a part of such center's costs in pro-
grants to or contracts with State agencies on aging only.
viding services to eligible persons.
42 The section added by the 1969 Amendments permitted payment of
not exceeding 75 percent of model project costs from funds authorized
(b) For the purpose of carrying out this section, there are authorized
by that section.
to be appropriated such sums as may be necessary for the fiscal year
43 In the section added by the 1969 Amendments there was no provision
for special consideration to be given projects designed to accomplish
44 Paragraphs (5), (6), and (7) were added by the 1975 Amendments,
certain special objectives.
sec. 108.
32
33
ending June 30, 1973, the fiscal year ending June 30, 1974, the fiscal
TITLE IV-TRAINING¹ AND RESEARCH
year ending June 30, 1975,⁴⁵ the fiscal year ending June 30, 1976, the
period beginning July 1, 1976, and ending September 30, 1976, and the
PART A-TRAINING
fiscal years ending September 30, 1977, and 1978.⁴⁶
STATEMENT OF PURPOSE
TRANSPORTATION PROJECTS 47
SEC. 309. (a) There are authorized to be appropriated $35,000,000
SEC. 401. The purpose of this part is to improve the quality of serv-
for the fiscal year ending June 30, 1975, to carry out the purposes of
ice and to help meet critical shortages of adequately trained personnel
this section. From sums appropriated under this section, the Commis-
for programs in the field of aging by (1) developing information on the
sioner is authorized to make grants to each State having a State plan
actual needs for personnel to work in the field of aging, both present and
approved under section 305 for the purpose of paying up to 75 per
long range; (2) providing a broad range of quality training and retrain-
centum of the costs of meeting the transportation needs of older persons,
ing opportunities, responsive to changing needs of programs in the field
with special emphasis on providing supportive transportation in con-
of aging; (3) attracting a greater number of qualified persons into the
nection with nutrition projects operated pursuant to title VII of this Act.
field of aging; and (4) helping to make personnel training programs more
Sums appropriated under this section shall be allotted to the States in
responsive to the need for trained personnel in the field of aging.
accordance with the allotment formula contained in section 303.
(b) The allotment to a State under this section shall remain available
until December 31, 1975, for grants and contracts to area agencies on
APPRAISING PERSONNEL NEEDS IN THE FIELD OF AGING
aging, organized under section 305(b), or to other public or non-profit
SEC. 402. (a) The Commissioner shall from time to time appraise
private agencies that the State agency determines have the capacity to
the Nation's existing and future personnel needs in the field of aging, at
meet the transportation needs of older persons and to provide supportive
all levels and in all types of programs, and the adequacy of the Nation's
transportation services in connection with nutrition projects operated
efforts to meet these needs. In developing information relating to per-
under title VII. In making grants and contracts under this section, State
sonnel needs in the field of aging, the Commissioner shall consult with,
agencies shall give priority to applicants proposing to serve areas in which
and make maximum utilization of statistical and other related informa-
there is no public transportation or in which existing public transporta-
tion of the Department of Labor, the Veterans' Administration, the
tion is inadequate to meet the special needs of older persons.
Office of Education, Federal Council on the Aging, the National Foun-
(c) Within ninety days following the enactment of legislation appro-
dation on the Arts and Humanities, State educational agencies, other
priating funds as authorized by this section, the Commissioner shall issue
State and local public agencies and offices dealing with problems of the
final regulations for implementation of the program herein authorized.
aging, State employment security agencies, and other appropriate public
and private agencies.
(d) The Commissioner is authorized and directed to request the tech-
nical assistance and cooperation of the Secretary of Transportation and
such other departments and agencies of the Federal Government as may
be appropriate for the proper and effective administration of this section.
1 From the 1965 Act until the 1973 Amendments, the provisions of the
Act relating to Training were in Title V, which was devoted exclusively
to that subject. The 1973 Amendments repealed Title V and devoted this
45 Authorizations in the "Areawide Model Projects" section added by the
new Part A, Title IV, to that subject. Before the 1973 Amendments, sec.
1969 Amendments were $5,000,000 for FY 1970, and $10,000,000 each
501 contained language somewhat comparable to that of the new sec.
for Fiscal Years 1971 and 1972. Authorizations for fiscal years 1973,
404. There was nothing in the former Title V comparable to the new
1974, and 1975 were in this sec. 308, as added by the 1973 Amend-
sections 401, 402, and 403. The 1973 Amendments repealed sec. 503,
ments.
which had been added by the 1967 Amendments, sec. 6. That section of
46 The 1975 Amendments, sec. 112(c) added authorizations for fiscal
the Act authorized the Secretary to study and report to the President and
years 1976, 1977, and 1978, and for the period July 1-Sept. 30, 1976.
to the Congress concerning needs for trained personnel in aging. The
47 Sec. 309 was added by the 1974 Amendments, sec. 3.
study was conducted and the report was transmitted, as required.
35
34
(b) The Commissioner shall prepare and publish annually as a part
(1) 3 to assist in paying the costs, in whole or in part, of short-term
of the annual report provided in section 208 a report on the professions
and inservice training courses, workshops, institutes and other activities
dealing with the problems of the aging, in which he shall present in detail
designed to improve the capabilities of participants to provide services to
his view on the state of such professions and the trends which he discerns
older persons and to administer programs related to the purposes of this
with respect to the future complexion of programs for the aging through-
Act,
out the Nation and the funds and the needs for well-educated personnel
(2) 3 to assist in paying the costs, in whole or in part, of post-second-
to staff such programs. The report shall indicate the Commissioner's plans
ary education courses of training or study related to the purposes of this
concerning the allocation of Federal assistance under this title in relation
Act, including the payment of stipends to students enrolled in such
to the plans and programs of other Federal agenices.
courses,
(3) for establishing and maintaining fellowships to train persons to
ATTRACTING QUALIFIED PERSONS TO THE FIELD OF AGING
be supervisors or trainers of persons employed or preparing for employ-
ment in fields related to the purposes of this Act,
SEC. 403. The Commissioner may make grants to State agencies
referred to in section 304, State or local educational agencies, institutions
(4) for seminars, conferences, symposiums, and workshops in the
of higher education as defined in section 1201 (a) of the Higher Educa-
field of aging, including the conduct of conferences and other meetings
tion Act of 1965,2 or other public or nonprofit private agencies, organi-
for the purposes of facilitating exchange of information and stimulating
zations, or institutions, and he may enter into contracts with any agency,
new approaches with respect to activities related to the purposes of this
institution, or organization for the purpose of-
Act,
(1) publicizing available opportunities for careers in the field of
(5) for the improvement of programs for preparing personnel for
aging;
careers in the field of aging, including design, development, and evalua-
(2) encouraging qualified persons to enter or reenter the field of
tion of exemplary training programs, introduction of high quality and
more effective curricula and curricula materials, and
aging;
(3) encouraging artists, craftsmen, artisans, scientists, and persons
(6) the provision of increased opportunities for practical experience.
from other professions and vocations and homemakers, to undertake
assignments on a part-time basis or for temporary periods in the field
(b) The Commissioner may include in the terms of any contract or
grant under this part provisions authorizing the payment, to persons
of aging; or
participating in training programs supported under this part, of such
(4) preparing and disseminating materials including audiovisual ma-
stipends (including allowances for subsistence and other expenses for
terials and printed materials, for use in recruitment and training of per-
such persons and their dependents) as he determines to be consistent with
sons employed or preparing for employment in carrying out programs
prevailing practices under comparable federally supported programs.
related to the purposes of this Act.
Where the Commissioner provides for the use of funds under this sec-
tion for fellowships, he shall (in addition to stipends for the recipients)
pay to colleges or universities in which the fellowship is being pursued
TRAINING PROGRAMS FOR PERSONNEL IN THE FIELD OF AGING
such amounts as the Commissioner shall determine to be consistent with
SEC. 404. (a) The Commissioner may make grants to any public or
prevailing practices under comparable federally supported programs.
nonprofit private agency, organization, or institution or with State agen-
cies referred to in section 304, or contracts with any agency, organiza-
tion, or institution, to assist them in training persons who are employed
3 The 1975 Amendments, sec. 110(b), substituted the present para-
or preparing for employment in fields related to the purposes of this
graphs (1) and (2) for the previous paragraph (1), enacted by the 1973
Act-
Amendments as a provision of sec. 404. The deleted paragraph (1) reads
as follows:
"(1) to assist in covering the cost of courses of training or study (includ-
2 The phrase
as
defined
was inserted by the 1975 Amend-
ing short-term or regular session institutes and other inservice and pre-
ments, sec. 109.
service training programs),".
36
37
(c) 4 The Commissioner may make grants under subsection (a) to
(3) developing or demonstrating approaches, methods, and techniques
assist in (1) the training of lawyers and paraprofessional persons who
for achieving or improving coordination of community services for older
will (A) provide legal (including tax and financial) counseling and serv-
persons;
ices to older persons; or (B) monitor the administration of any program
by any public or private nonprofit institution, organization, or agency,
(4) evaluating these approaches, techniques, and methods, as well as
or any State or political subdivision of a State, designed to provide as-
others which may assist older persons to enjoy wholesome and meaning-
sistance or services to older persons, including nursing home programs
ful lives and to continue to contribute to the strength and welfare of our
and other similar programs; and (2) the training of persons employed
Nation;
by or associated with public or private nonprofit agencies or organiza-
(5) 9 collecting and disseminating, through publications and other ap-
tions, including a State or political subdivision of a State, who will iden-
propriate means, information concerning research findings, demonstra-
tify legal problems affecting older persons, develop solutions for such
tion results, and other materials developed in connection with activities
problems, and mobilize the resources of the community to respond to
assisted under this part; or
the legal needs of older persons.
(6) 9 conducting 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 part.
PART B-RESEARCH AND DEVELOPMENT PROJECTS
5
SPECIAL STUDY AND DEMONSTRATION PROJECTS ON THE
DESCRIPTION OF ACTIVITIES
TRANSPORTATION PROBLEMS OF OLDER AMERICANS 10
SEC. 411.⁶ The Commissioner may make grants to any public or non-
profit private agency, organization, or institution and contracts with
SEC. 412. (a) The Commissioner shall, after consultation with the
any agency, organization, or institution or with any individual for the
Secretary of Transportation and the Secretary of Housing and Urban
purpose of-
Development, conduct a comprehensive study and survey of the trans-
portation problems of older Americans with emphasis upon solutions
(1) studying current patterns and conditions of living of older per-
that are practicable and can be implemented in a timely fashion. In
sons and identifying factors which are beneficial or detrimental to the
conducting the study and survey, the Commissioner shall consider-
wholesome and meaningful living of such persons;
(1) the use of all community transportation facilities, particularly
(2) developing or demonstrating new approaches, techniques, and
public transportation systems, the possible use of school buses, and
methods (including the use of multipurpose ⁸ centers) which hold prom-
excess Department of Defense vehicles; and
ise of substantial contribution toward wholesome and meaningful living
(2) the need for revised and improved procedures for obtaining mo-
for older persons;
tor vehicle insurance by older Americans to be implemented for use in
a coordinated transportation system.
(b) In connection with the study required by subsection (a), the
4 The 1975 Amendments, sec. 110(c), added subsection (c).
Commissioner, in coordination with the Secretary of Transportation and
5 From the 1965 Act until the 1973 Amendments, Title IV was devoted
the Secretary of Housing and Urban Development, shall conduct research
exclusively to "Research and Development Projects..'
and demonstration projects, either directly or by grants or contracts with
6 Sec. 411 is similar in most respects to sec. 401 of the Act as it read
from the 1965 Act until the 1973 Amendments.
7 The 1969 Amendments, sec. 7(a) deleted "any such agency" and sub-
9 The 1969 Amendments, sec. 7(b) added to sec. 401, as it then read,
stituted "any agency".
subsections (e) and (f), which were substantially identical to paragraphs
8 The 1967 Amendments, sec. 5(b) deleted "activity" between "multi-
(5) and (6) of the present sec. 411.
purpose" and "centers".
10 The 1973 Amendments added sec. 412 and Part C to the Act.
38
39
public or private nonprofit agencies and organizations, in order to-
PART C-MUTIDISCIPLINARY CENTERS OF
(1) demonstrate possible solutions of economic and service aspect of
GERONTOLOGY 10
furnishing adequate transportation to older persons in rural and urban
areas including transportation services furnished by social service
SEC. 421. The Commissioner may make grants to public and private
agencies;
nonprofit agencies, organizations, and institutions for the purpose of
establishing or supporting multidisciplinary centers of gerontology. A
(2) demonstrate improvement of transportation services available to
grant may be made under this section only if the application therefor-
older persons with emphasis on (A) establishing special transportation
subsystems for older persons or similar groups with similar mobility re-
(1) provides satisfactory assurance that the applicant will expend the
strictions, (B) providing portal-to-portal service and demand actuated
full amount of the grant to establish or support a multidisciplinary center
services, (C) making payments directly to older persons to enable them
of gerontology which shall-
to obtain reasonable and necessary transportation services;
(A) recruit and train personnel at the professioal and subprofessional
levels,
(3) demonstrate improved coordination between transportation sys-
tems and social service delivery systems; and
(B) conduct basic and applied research on work, leisure, and educa-
tion of older people, living arrangements of older people, social services
(4) demonstrate innovative solutions for other special transportation
for older people, the economies of aging, and other related areas,
problems confronting older Americans.
(C) provide consultation to public and voluntary organizations with
(c) At least half of the projects authorized under subsection (b) of
respect to the needs of older people and in planning and developing
this section shall be conducted in States that are predominantly rural in
services for them,
character.
(D) serve as a repository of information and knowledge with respect
(d) Not later than January 1, 1975, the Commissioner shall prepare
to the areas for which it conducts basic and applied research,
and transmit to the Secretary, to the President, and to the Congress, a
report on his findings and recommendations, including a plan for imple-
(E) stimulate the incorporation of information on aging into the
mentation of improved transportation services for older Americans and
teaching of biological, behavioral, and social sciences at colleges or
recommendations for additional legislation, administrative and other
unversities,
measures to provide solutions to the transportation problems of older
(F) help to develop training programs on aging in schools of social
Americans not later than January 1, 1975, as he deems advisable.
work, public health, health care administration, education, and in other
(e) In carrying out the study and survey, and the demonstration and
such schools at colleges and universities, and
research projects under this section, the Commissioner is authorized to-
(G) create opportunities for innovative, multidisciplinary efforts in
teaching, research, and demonstration projects with respect to aging;
(1) procure temporary or intermittent services of experts and con-
sultants in accordance with section 3109 of title 5, United States Code,
(2) provides for such fiscal control and fund accounting procedures
and
as may be necessary to assure proper disbursement of and accounting
for funds paid to the applicant under this section; and
(2) secure directly from any executive department, bureau, agency,
board, commission, office, independent establishment or instrumentality
(3) provides for making such reports, in such form and containing
information, suggestions, estimates, and statistics for the purpose of this
such information, as the Commissioner may require to carry out his
section; and each such department, bureau, agency, board, commission,
functions under this section, and for keeping such records and for afford-
office independent establishment or instrumentality is authorized and
directed to the extent permitted by law, to furnish such information,
suggestions, estimates, and statistics directly to the Commissioner upon
request made by him.
10 See footnote on page 39.
40
41
ing such access thereto as the Commissioner may find necessary to
TITLE V-MULTIPURPOSE SENIOR CENTERS 1
assure the correctness and verification of such reports.
PART A-ACQUISITION, ALTERATION, OR RENOVATION OF
MULTIPURPOSE SENIOR CENTERS
PART D-AUTHORIZATION OF APPROPRIATIONS
GRANTS AUTHORIZED
AUTHORIZATION 11
SEC. 501. (a) In order to provide a focal point in communities for
SEC. 431. There are authorized to be appropriated for the purposes
the development and delivery of social services and nutritional services
of carrying out this title such sums as may be necessary for the fiscal
designed primarily for older persons, the Commissioner may make grants
year ending June 30, 1973, the fiscal year ending June 30, 1974, the
to units of general purpose local government or other public or nonprofit
fiscal year ending June 30, 1975, the fiscal year ending June 30, 1976,
private agencies or organizations and may make contracts with any
the period beginning July 1, 1976, and ending September 30, 1976, and
agency or organization to pay not to exceed 75 per centum of the cost
the fiscal years ending September 30, 1977, and 1978.¹²
of acquiring, altering, or renovating existing facilities to serve as multi-
purpose senior centers (including the initial equipment of such facilities).
PAYMENTS OF GRANTS 13
Facilities assisted by grants or contracts under this part shall be in close
proximity to the majority of individuals eligible to use the multipurpose
SEC. 432. (a) To the extent he deems it appropriate, the Commis-
senior center, and within walking distance where possible.
sioner shall require the recipient of any grant or contract under this title
(b) The total payments made pursuant to grants or contracts under
to contribute money, facilities, or services for carrying out the project
this section in any State for any fiscal year shall not exceed 10 per cen-
for which such grant or contract was made.
tum of the total amount appropriated for the year for the purposes of
(b) Payments under this title pursuant to a grant or contract may be
carrying out this part.
made (after necessary adjustment, in the case of grants, on account of
(c) The term "multipurpose senior center" means a community fa-
previously made overpayments or underpayments) in advance or by
cility for the organization and provision of a broad spectrum of services
way of reimbursement, and in such installments and on such conditions,
(including provision of health, social, and educational services and pro-
as the Commissioner may determine.
vision of facilities for recreational activities) for older persons.
(c) The Commissioner shall make no grant or contract under this
title in any State which has established or designated a State agency for
REQUIREMENTS FOR APPROVAL OF APPLICATIONS
purposes of title III of this Act unless the Commissioner has consulted
with such State agency regarding such grant or contract.
SEC. 502. (a) A grant or contract for purchase under this part may
be made only if the application therefor is approved by the Commissioner
upon his determination that-
11 From the 1965 Act until the 1973 Amendments, authorizations for
Title IV (Research and Demonstrations) and Title V (Training) were
(1) the application contains or is supported by reasonable assurances
provided in a section of the "General" Title. The 1973 Amendments
that (A) for not less than ten years after purchase, the facility will be
repealed all of that Title (VIII), including its section (803) which con-
used for the purposes for which it is to be purchased, (B) sufficient funds
tained authorizations for those programs, and substituted the new section
will be available to meet the non-Federal share of the cost of purchase
431 therefor.
12 The 1975 Amendments, sec. 112(d) added authorizations for fiscal
years 1976, 1977, and 1978, and for the period July 1-Sept. 30, 1976.
1 The 1973 Amendments added Title V to the Act. From the 1965 Act
13 The language of this section is substantially the same as that of secs.
until the 1973 Amendments, sec. 301 of the Act provided that with re-
402 and 502 of the Act before the 1973 Amendments, which sections
spect to establishment of new or expansion of existing programs with
related to payment of grants and contracts for research and development
Title III funds, "
no costs of construction, other than for minor alter-
projects and training projects, respectively.
ations and repairs, shall be included in such establishment or expansion."
42
43
of the facility, (C) sufficient funds will be available, when purchase is
RECAPTURE OF PAYMENTS
completed, for effective use of the facility for the purpose for which it is
being purchased, and (D) the facility will not be used and is not intended
SEC. 504. If, within ten years after purchase of any facility for which
to be used for sectarian instruction or as a place for religious worship;
funds have been paid under this part-
(2) the application contains or is supported by reasonable assurances
(a) the owner of the facility ceases to be a public or nonprofit private
that there are no existing facilities in the community suitable for leasing
agency or organization, or
as a multipurpose senior center;
(b) the facility ceases to be used for the purposes for which it was
(3) the plans and specifications are in accordance with regulations
purchased (unless the Commissioner determines, in accordance with
relating to minimum standards of construction and equipment (promul-
regulations, that there is good cause for releasing the applicant or other
gated with particular emphasis on securing compliance with the require-
owner from the obligation to do so),
ments of the Architectural Barriers Act of 1968 (Public Law 90-480))
and
the United States shall be entitled to recover from the applicant or
other owner of the facility an amount which bears to the then value
(4) the application contains or is supported by adequate assurance
of the facility (or so much thereof as constituted an approved project
that any laborer or mechanic employed by any contractors or subcon-
or projects) the same ratio as the amount of such Federal funds bore
tractors in the performance of work on the facility will be paid wages at
to the cost of the facility financed with the aid of such funds. Such value
rates not less than those prevailing for similar work in the locality as
shall be determined by agreement of the parties or by action brought
determined by the Secretary of Labor in accordance with the Davis-
in the United States district court for the district in which such facility
Bacon Act, as amended (40 U.S.C. 276a-276a5). The Secretary of
is situated.
Labor shall have, with respect to the labor standards specified in this
paragraph, the authority and functions set forth in Reorganization Plan
AUTHORIZATION OF APPROPRIATIONS
Numbered 14 of 1950 (15 F.R. 3176; 64 Stat. 1267), and section 2
of the Act of June 13, 1934, as amended (40 U.S.C. 276c).
SEC. 505. (a) There are authorized to be appropriated for the purpose
(b) In making grants or contracts under this part, the Commissioner
of making grants or contracts under section 501, such sums as may be
shall-
necessary for the fiscal year ending June 30, 1973, the fiscal year ending
June 30, 1974, the fiscal year ending June 30, 1975
the fiscal
(1) give preference to the acquisition of multipurpose senior centers
in areas where there is being developed a comprehensive and coordinated
system under title III of this Act; and
year ending June 30, 1976, the period beginning July 1, 1976, and
(2) consult with the Secretary of Housing and Urban Development
ending September 30, 1976, and the fiscal years ending September 30,
with respect to the technical adequacy of any proposed alteration or
1977, and 1978.2
renovation.
(b) Sums appropriated for any fiscal year under subsection (a) of
this section and remaining unobligated at the end of such year shall
remain available for such purpose for the next fiscal year.
PAYMENTS
MORTGAGE INSURANCE FOR MULTIPURPOSE SENIOR CENTERS
SEC. 503. Upon approval of any application for a grant or contract
under this part, the Commissioner shall reserve, from any appropriation
SEC. 506. (a) It is the purpose of this section to assist and encourage
available therefor, the amount of such grant or contract. The amount so
the provision of urgently needed facilities for programs for the elderly.
reserved may be paid in advance or by way of reimbursement, and in
(b) For the purpose of this part the terms "mortgage", "mortgagor",
such installments consistent with progress in alteration or renovation, as
"mortgagee", "maturity date", and "State" shall have the meanings
the Commissioner may determine. The Commissioner's reservation of
respectively set forth in section 207 of the National Housing Act.
any amount under this section may be amended by him, either upon
approval of an amendment of the application or upon revision of the
2 The 1975 Amendments, sec. 112(e) added authorizations for fiscal years
estimated cost of altering or renovating the facility.
1976, 1977, and 1978, and for the period July 1-Sept. 30, 1976.
44
45
(c) The Secretary of Health, Education, and Welfare is authorized to
the inclusion of works of art (not representing more than 1 per centum
insure any mortgage (including advances on such mortgage during acqui-
of the cost of the project).
sition, alteration, or renovation) in accordance with the provisions of
this section upon such terms and conditions as he may prescribe and
(e) The Secretary shall fix and collect premium charges for the insur-
make commitments for insurance of such mortgage prior to the date
ance of mortgages under this section which shall be payable annually in
of its execution or disbursement thereon.
advance by the mortgageę, either in cash or in debentures of the Multi-
purpose Senior Center Insurance Fund (established by subsection (h))
(d) In order to carry out the purpose of this section, the Secretary is
issued at par plus accrued interest. In the case of any mortgage such
authorized to insure any mortgage which covers a new multipurpose
charge shall be not less than an amount equivalent to one-fourth of 1 per
senior center, including equipment to be used in its operation, subject
centum per annum nor more than an amount equivalent to 1 per centum
to the following conditions:
per annum of the amount of the principal obligation of the mortgage
outstanding at any one time, without taking into account delinquent pay-
(1) The mortgage shall be executed by a mortgagor, approved by the
ments or prepayments. In addition to the premium charge herein pro-
Secretary, who demonstrates ability successfully to operate one or more
vided for, the Secretary is authorized to charge and collect such amounts
programs for the elderly. The Secretary may in his discretion require any
as he may deem reasonable for the appraisal of a property or project
such mortgagor to be regulated or restricted as to minimum charges
during acquisition, alteration, or renovation; but such charges for ap-
and methods of financing, and, in addition thereto, if the mortgagor is a
praisal and inspection shall not aggregate more than 1 per centum of
corporate entity, as to capital structure and rate of return. As an aid to
the original principal face amount of the mortgage.
the regulation or restriction of any mortgagor with respect to any of
the foregoing matters, the Secretary may make such contracts with and
(f) The Secretary may consent to the release of a part or parts of the
acquire for not to exceed $100 such stock interest in such mortgagor
mortgaged property or project from the lien of any mortgage insured
as he may deem necessary. Any stock or interest so purchased shall be
under this section upon such terms and conditions as he may prescribe.
paid for out of the Multipurpose Senior Center Insurance Fund, and
shall be redeemed by the mortgagor at par upon the termination of all
(g) (1) The Secretary shall have the same functions, powers, and
obligations of the Secretary under the insurance.
duties (insofar as applicable) with respect to the insurance of mortgages
under this section as the Secretary of Housing and Urban Development
(2) The mortgage shall involve a principal obligation in an amount
has with respect to the insurance of mortgages under title II of the
not to exceed $250,000 and not to exceed 90 per centum of the esti-
National Housing Act.
mated replacement cost of the property or project, including equipment
to be used in the operation of the multipurpose senior center, when the
(2) The provisions of subsections (e), (g), (h), (i), (j), (k), (1),
proposed improvements are completed and the equipment is installed.
and (n) of section 207 of the National Housing Act shall apply to
mortgages insured under this section; except that, for the purposes of
(3) The mortgage shall-
their application with respect to such mortgages, all references in such
provisions to the General Insurance Fund shall be deemed to refer to
(A) provide for complete amortization by periodic payments within
the Multipurpose Senior Center Insurance Fund, and all references in
such term as the Secretary shall prescribe, and
such provisions to "Secretary" shall be deemed to refer to the Secretary
(B) bear interest (exclusive of premium charges for insurance and
of Health, Education, and Welfare.
service charges, if any) at not to exceed such per centum per annum on
(h) (1) There is hereby created a Multipurpose Senior Center Insur-
the principal obligation outstanding at any time as the Secretary finds
ance Fund which shall be used by the Secretary as a revolving fund for
necessary to meet the mortgage market.
carrying out all the insurance provisions of this section. All mortgages
(4) The Secretary shall not insure any mortgage under this section
insured under this section shall be insured under and be the obligation
unless he has determined that the center to be covered by the mortgage
of the Multipurpose Senior Center Insurance Fund.
will be in compliance with minimum standards to be prescribed by the
(2) The general expenses of the operations of the Department of
Secretary.
Health, Education, and Welfare relating to mortgages insured under this
(5) In the plans for such Multipurpose Senior Center, due consid-
section may be charged to the Multipurpose Senior Center Insurance
eration shall be given to excellence of architecture and design, and to
Fund.
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47
(3) Moneys in the Multipurpose Senior Center Insurance Fund not
tion or renovation of such facilities, and (2) the average annual debt
needed for the current operations of the Department of Health, Edu-
service which the institution would have been required to pay, during
cation, and Welfare with respect to mortgages insured under this section
the life of the loan, with respect to such amounts if the applicable
shall be deposited with the Treasurer of the United States to the credit
interest rate were 3 per centum per annum: Provided, That the amount
of such fund, or invested in bonds or other obligations of, or in bonds
on which such grant is based shall be approved by the Secretary.
or other obligations guaranteed as to principal and interest by, the
United States. The Secretary may, with the approval of the Secretary of
(c) (1) There are hereby authorized to be appropriated to the Sec-
the Treasury, purchase in the open market debentures issued as obliga-
retary such sums as may be necessary for payment of annual interest
tions of the Multipurpose Senior Center Insurance Fund. Such purchases
grants in accordance with this section.
shall be made at a price which will provide an investment yield of not
(2) Contracts for annual interest grants under this section shall not
less than the yield obtainable from other investments authorized by this
be entered into in an aggregate amount greater than is authorized in
section. Debentures so purchased shall be canceled and not reissued.
appropriation Acts.
(4) Premium charges, adjusted premium charges, and appraisal and
(d) Not more than 12½ per centum of the funds provided for in
other fees received on account of the insurance of any mortgage under
this section for grants may be used within any one State.
this section, the receipts derived from property covered by such mort-
gages and from any claims, debts, contracts, property, and security
assigned to the Secretary in connection therewith, and all earnings as
the assets of the fund, shall be credited to the Multipurpose Senior
PART B-INITIAL STAFFING OF MULTIPURPOSE SENIOR
Center Insurance Fund. The principal of, and interest paid and to be
paid on, debentures which are the obligation of such fund, cash insur-
CENTERS
ance payments and adjustments, and expenses incurred in the han-
dling, management, renovation, and disposal of properties acquired, in
PERSONNEL STAFFING GRANT PROGRAM AUTHORIZED
connection with mortgages insured under this section, shall be charged
to such fund.
SEC. 511. (a) For the purpose of assisting in the establishment and
initial operation of multipurpose senior centers the Commissioner may,
(5) There are authorized to be appropriated to provide initial capital
in accordance with the provisions of this part, make grants to meet, for
for the Multipurpose Senior Center Insurance Fund, and to assure the
the temporary periods specified in this part, all or part of the costs of
soundness of such fund thereafter, such sums as may be necessary.
compensation of professional and technical personnel for the initial
operation of new multipurpose senior centers and for the delivery of
social services established therein.
(b) Grants for such costs of any center under this title may be made
ANNUAL INTEREST GRANTS
only for the period beginning with the first day of the first month for
which such grant is made and ending with the close of three years after
SEC. 507. (a) To assist nonprofit private agencies to reduce the cost
such first day. Such grants with respect to any center may not exceed
of borrowing from other sources for the acquisition, alteration or reno-
75 per centum of such costs for the first year of the project, 662/3 per
vation of facilities, the Secretary may make annual interest grants to
centum of such costs for the second year of the project, and 50 per
such agencies.
centum of such costs for the third year of the project.
(b) Annual interest grants under this section with respect to any
(c) In making such grants, the Secretary shall take into account the
facility shall be made over a fixed period not exceeding forty years, and
relative needs of the several States for community centers for senior
provision for such grants shall be embodied in a contract guaranteeing
citizens, their relative financial needs, and their population of persons
their payment over such period. Each such grant shall be in an amount
over sixty years of age.
not greater than the difference between (1) the average annual debt
(d) For the purpose of this part, there are authorized to be appro-
service which would be required to be paid, during the life of the loan,
priated such sums as may be necessary for the fiscal year ending June
on the amount borrowed from other sources for the acquisition, altera-
30, 1973, and for each of the next two succeeding fiscal years.
48
49
TITLE VI (Repealed)
national policy which provides older Americans, particularly those with
low incomes, with low cost, nutritionally sound meals served in stra-
Note: The 1969 Amendments added to the Act a new Title VI,
tegically located centers such as schools, churches, community centers,
entitled, "National Older Americans Volunteer Program." However,
senior citizen centers, and other public or private nonprofit institutions
this title was repealed by the "Domestic Volunteer Service Act of 1973"
where they can obtain other social and rehabilitative services. Besides
(P.L. 93-113, enacted October 1, 1973), which incorporated most of
promoting better health among the older segment of our population
the substance of the repealed Title VI of the Older Americans Act into
through improved nutrition, such a program would reduce the isolation
Title II of that Act. The text of Title II of the Domestic Volunteer
of old age, offering older Americans an opportunity to live their remain-
Service Act of 1973 appears beginning on page 80 of this publication.¹
ing years in dignity.
ADMINISTRATION
TITLE VII-NUTRITION PROGRAM FOR
THE ELDERLY
SEC. 702. (a) In order to effectively carry out the purposes of this
title, the Commissioner shall-
(1) administer the program through the Administration on Aging;
FINDINGS AND PURPOSE
and
SEC. 701. (a) The Congress finds that the research and development
(2) consult with the Secretary of Agriculture and make full utilization
nutrition projects for the elderly conducted under title IV of the Older
of the Food and Nutrition Service, and other existing services of the
Americans Act have demonstrated the effectiveness of, and the need
Department of Agriculture.
for, permanent nationwide projects to assist in meeting the nutritional
(b) In carrying out the provisions of this title, the Commissioner is
and social needs of millions of persons aged sixty or older. Many elderly
authorized to request the technical assistance and cooperation of the
persons do not eat adequately because (1) they cannot afford to do so;
Department of Labor, the Office of Economic Opportunity, the Depart-
ment of Housing and Urban Development, the Department of Trans-
(2) they lack the skills to select and prepare nourishing and well-
portation, and such other departments and agencies of the Federal
balanced meals; (3) they have limited mobility which may impair their
Government as may be appropriate.
capacity to shop and cook for themselves; and (4) they have feelings of
rejection and loneliness which obliterate the incentive necessary to pre-
(c) The Commissioner is authorized to use, with their consent, the
pare and eat a meal alone. These and other physiological, psychological,
services, equipment, personnel, and facilities of Federal and other
social, and economic changes that occur with aging result in a pattern
agencies with or without reimbursement and on a similar basis to
of living, which causes malnutrition and further physical and mental
cooperate with other public and private agencies and instrumentalities
deterioration.
in the use of services, equipment, personnel, and facilities.
(b) In addition to the food stamp program, commodity distribution
(d) In carrying out the purposes of this title, the Commissioner is
systems and old-age income benefits, there is an acute need for a
authorized to provide consultative services and technical assistance to
any public or private nonprofit institution or organization, agency, or
political subdivision of a State; to provide short-term training and tech-
nical instruction; and to collect, prepare, publish, and disseminate special
1 From 1969, when Title VI was added to the Act, until July 1, 1971, the
educational or informational materials, including reports of the projects
Retired Senior Volunteer Program and the Foster Grandparent Program
for which funds are provided under this title.
were administered in the Administration on Aging. Effective on that date,
the two programs were transferred to the new ACTION agency, by the
terms of the President's Reorganization Plan No. 1 of 1971.
3 The 1973 Amendments, sec. 704(c) substituted "Commissioner" for
2 The 1972 Amendments (P.L. 92-258) inserted Title VII.
"Secretary" throughout Title VII.
50
GERALD FORD LIBRARY
51
ALLOTMENT OF FUNDS
under the State plan requirements of section 705, the Commissioner
shall withhold the allotment of funds to such State referred to in sub-
SEC. 703. (a) (1) From the sums appropriated for any fiscal year
section (a). The Commissioner shall disburse the funds so withheld
under section 708, each State shall be allotted an amount which bears the
directly to any public or private nonprofit institution or organization,
same ratio to such sum as the population aged 60 or over in such State
agency, or political subdivision of such State submitting an approved
bears to the population aged 60 or over in all States, except that (A) no
plan in accordance with the provisions of section 705, including the
State shall be allotted less than one-half of 1 per centum of the sum ap-
requirement that any such payment or payments shall be matched in
propriated for the fiscal year for which the determination is made; and
the proportion specified in subsection (c) for such State, by funds or
(B) Guam, American Samoa, the Virgin Islands, and the Trust Territory
in-kind resources from non-Federal sources.
of the Pacific Islands shall each be allotted an amount equal to one-
fourth of 1 per centum of the sum appropriated for the fiscal year for
(e) The State agency may, upon the request of one or more recipients
which the determination is made. For the purpose of the exception
of a grant or contract, purchase agricultural commodities and other
contained in this paragraph, the term "State" does not include Guam,
foods to be provided to such nutrition projects assisted under this part.
The Commissioner may require reports from State agencies, in such
American Samoa, the Virgin Islands, and the Trust Territory of the
Pacific Islands.
form and detail as he may prescribe, concerning requests by recipients
of grants or contracts for the purchase of such agricultural commodities
(2) The number of persons aged sixty or over in any State and for
and other foods, and action taken thereon.
all States shall be determined by the Commissioner on the basis of the
most satisfactory data available to him.
(b) The amount of any State's allotment under subsection (a) of any
PAYMENT OF GRANTS
fiscal year which the Commissioner determines will not be required
for that year shall be reallotted, from time to time and on such dates
SEC. 704. Payments pursuant to grants or contracts under this title
during such year as the Commissioner may fix, to other States in pro-
may be made in installments, and in advance or by way of reimburse-
portion to the original allotments to such States under subsection (a)
ment, with necessary adjustments on account of overpayments or under-
for that year, but with such proportionate amount for any of such other
payments, as the Commissioner may determine.
States being reduced to the extent it exceeds the sum the Commissioner
estimates such State needs and will be able to use for such year; and the
total of such reductions shall be similarly reallotted among the States
whose proportionate amounts were not so reduced. Such reallotments
STATE PLANS
shall be made on the basis of the State plan so approved, after taking
into consideration the population aged sixty or over. Any amount re-
SEC. 705. (a) Any State which desires to receive allotments under this
allotted to a State under this subsection during a year shall be deemed
title shall submit to the Commissioner for approval a State plan for
part of its allotment under subsection (a) for that year.
purposes of this title which, in the case of a State agency designated
pursuant to section 304 of this Act, shall be in the form of an amend-
(c) The allotment of any State under subsection (a) for any fiscal
ment to the State plan provided in section 305. Such plan shall-
year shall be available for grants to pay up to 90 per centum of the
costs of projects in such State described in section 706 and approved
(1) establish or designate a single State agency 4 as the sole agency
by such State in accordance with its State plan approved under section
for administering or supervising the administration of the plan and
705, but only to the extent that such costs are both reasonable and
coordinating operations under the plan with other agencies providing
necessary for the conduct of such projects, as determined by the Com-
services to the elderly, which agency shall be the agency designated
missioner in accordance with criteria prescribed by him in regulations.
pursuant to section 304(a) (1) of this Act, unless the Governor of such
Such allotment to any State in any fiscal year shall be made upon the
State shall, with the approval of the Commissioner, designate another
condition that the Federal allotment will be matched during each fiscal
agency;
year by 10 per centum, or more, as the case may be, from funds or
in-kind resources from non-Federal sources.
(d) If the Commissioner finds that any State has failed to qualify
4 See Title III footnote 15.
52
53
(2) set forth such policies and procedures as will provide satisfactory
(ii) provide satisfactory assurance that such fiscal control and fund
assurance that allotments paid to the State under the provisions of this
accounting procedures will be adopted as may be necessary to assure
title will be expended-
proper disbursement of, and accounting for, Federal funds paid under
this title to the State, including any such funds paid by the State to
(A) to make grants in cash or in kind to any public or private non-
the recipient of a grant or contract.
profit institution or organization, agency, or political subdivision of a
State (referred to herein as "recipient of a grant or contract")-
(3) provide such methods of administration (including methods re-
(i) to carry out the program as described in section 706.
lating to the establishment and maintenance of personnel standards on a
merit basis, except that the Commissioner shall exercise no authority
(ii) to provide up to 90 per centum of the costs of the purchase and
preparation of the food; delivery of the meals; and such other reason-
with respect to the selection, tenure of office, and compensation of any
able expenses as may be incurred in providing nutrition services to
individual employed in accordance with such methods) as are necessary
persons aged sixty or over. Recipients of grants or contracts may
for the proper and efficient operation of the plan.
charge participating individuals for meals furnished pursuant to
guidelines established by the Commissioner, taking into considera-
(4) provide that preference shall be given in awarding grants to carry
tion the income ranges of eligible individuals in local communities and
out the purposes of this title to projects serving primarily low-income
individuals and provide assurances that, to the extent feasible, grants
other sources of income of the recipients of a grant or a contract.
will be awarded to projects operated by and serving the needs of minor-
(iii) to provide up to 90 per centum of the costs of such supporting
ity, Indian, and limited English-speaking eligible individuals in propor-
services as may be necessary in each instance, such as the costs of
tion to their numbers in the State.
related social services and, where appropriate, the costs of transporta-
tion between the project site and the residences of eligible individuals
(5) 6 provide that, when mutually agreed upon by recipients of grants
who could not participate in the project in the absence of such trans-
and contracts and area planning and service area agencies, nutrition
portation, to the extent such costs are not met through other Federal,
projects assisted under this title shall be made a part of the compre-
State, or local programs.
hensive and coordinated systems established under title III of this Act.
(B) to provide for the proper and efficient administration of the State
(b) The Commissioner shall approve any State plan which he deter-
plan at the least possible administrative cost. Funds allotted to a State
mines meets the requirements and purposes of this section.
for State planning and administration pursuant to section 306 of this
Act may be used for the administration of the State plan submitted pur-
(c) Whenever the Commissioner subject to reasonable notice and
suant to this section, except that wherever the governor of the State
opportunity for hearing to such State agency, finds (1) that the State
designates an agency other than the agency designated under section
plan has been so changed that it no longer complies with the provisions
304(a)(1) of this Act, then the Commissioner shall determine that
of this title, or (2) that in the administration of the plan there is a
portion of a State's allotment under section 306 which shall be available
failure to comply substantially with any such provision or with any
to the agency designated under section 705(a)(1) for planning and
requirements set forth in the application of a recipient of a grant or con-
administration.⁵ In administering the State plan, the State agency shall-
tract approved pursuant to such plan, the Commissioner shall notify such
(i) make reports, in such form and containing such information, as
State agency that further payments will not be made to the State under
the Commissioner may require to carry out his functions under this
the provisions of this title (or in his discretion, that further payments
to the State will be limited to programs or projects under the State plan,
title, including reports of participation by the groups specified in sub-
section (4) of this section; and keep such records and afford such
or portions thereof, not affected by the failure, or that the State agency
shall not make further payments under this part to specified local agen-
access thereto as the Commissioner may find necessary to assure the
correctness and verification of such reports and proper disbursement
cies affected by the failure) until he is satisfied that there is no longer
of Federal funds under this title, and
any such failure to comply. Until he is so satisfied, the Commissioner
shall make no further payments to the State under this title, or shall limit
5 This sentence was inserted by the 1973 Amendments, sec. 703.
The 1973 Amendments, sec. 702 added paragraph (5).
54
55
payments to recipients of grants or contracts under, or parts of, the State
of Sciences-National Research Council;
plan not affected by the failure, or payments to the State agency under
this title shall be limited to recipients of grants or contracts not affected
(2) to provide such nutrition project for individuals aged sixty or
by the failure, as the case may be.
over who meet the specifications set forth in clauses (1), (2), (3), or
(4) of section 701 (a) and their spouses (referred to herein as "eligible
(d) (1) If any State is dissatisfied with the Commissioner's final action
individuals");
with respect to the approval of its State plan submitted under subsection
(3) to furnish a site for such nutrition project in as close proximity
(a), or with respect to termination of payments in whole or in part
to the majority of eligible individuals' residences as feasible, such as a
under subsection (c), such State may, within sixty days after notice
of such action, file with the United States court of appeals for the circuit
school or a church, preferably within walking distance where possible
and, where appropriate, to furnish transportation to such site or home-
in which such State is located a petition for review of that action. A copy
of the petition shall be forthwith transmitted by the clerk of the court to
delivered meals to eligible individuals who are homebound;
the Commissioner. The Commissioner thereupon shall file in the court
(4) to utilize methods of administration, including outreach, which
the record of the proceeding on which he based his action, as provided in
will assure that the maximum number of eligible individuals may have
section 2112 of title 28, United States Code.
an opportunity to participate in such nutrition project;
(2) The findings of fact by the Commissioner, if supported by sub-
(5) to provide special menus, where feasible and appropriate, to
stantial evidence, shall be conclusive; but the court for good cause
meet the particular dietary needs arising from the health requirements,
shown, may remand the case to the Commissioner to take further
religious requirements, or ethnic backgrounds of eligible individuals;
evidence, and the Commissioner may thereupon make new or modified
findings of fact and may modify his previous action, and shall certify
(6) to provide a setting conducive to expanding the nutrition project
to the court the record of the further proceedings. Such new or modi-
and to include, as a part of such project, recreational activities, informa-
fied findings of fact shall likewise be conclusive if supported by sub-
tional, health and welfare counseling and referral services, where such
stantial evidence.
services are not otherwise available;
(3) The court shall have jurisdiction to affirm the action of the Com-
(7) to include such training as may be necessary to enable the per-
missioner or to set it aside, in whole or in part. The judgment of the
sonnel to carry out the provisions of this title;
court shall be subject to review by the Supreme Court of the United
States upon certiorari or certification as provided in section 1254 of
(8) to establish and administer the nutrition project with the advice
title 28, United States Code.
of persons competent in the field of service in which the nutrition pro-
gram is being provided, of elderly persons who will themselves partici-
pate in the program, and of persons who are knowledgeable with regard
to the needs of elderly persons;
NUTRITION AND OTHER PROGRAM REQUIREMENTS
(9) to provide an opportunity to evaluate the effectiveness, feasibility,
and cost of each particular type of such project;
SEC. 706. (a) Funds allotted to any State during any fiscal year pur-
suant to section 703 shall be disbursed by the State agency to recipients
(10) to give preference to persons aged sixty or over for any staff
of grants or contracts who agree-
positions, full- or part-time, for which such persons qualify and to en-
courage the voluntary participation of other groups, such as college and
(1) to establish a project (referred to herein as a "nutrition project")
high school students in the operation of the project; and
which, five or more days per week, provides at least one hot meal per
day and any additional meals, hot or cold, which the recipient of a
(11) to comply with such other standards as the Commissioner may
grant or contract may elect to provide, each of which assures a mini-
by regulation prescribe in order to assure the high quality of the nutri-
mum of one-third of the daily recommended dietary allowances as
tion project and its general effectiveness in attaining the objectives of
established by the Food and Nutrition Board-of the National Academy
this title.
56
57
(b) The Commissioner and the Comptroller General of the United
States or any of their duly authorized representatives shall have access
1) shall 8 be used to meet the requirements of programs providing nu-
for the purpose of audit and examination to any books, documents,
tritional services in accordance with the provisions of this title.
papers, and records that are pertinent to a grant or contract received
(4) 9 In donating commodities pursuant to this subsection, the Secre-
under this title.
tary of Agriculture shall maintain an annually programed level of as-
sistance of not less than 15 cents per meal during the fiscal year ending
September 30, 1976, and 25 cents per meal during the fiscal year ending
AVAILABILITY OF SURPLUS COMMODITIES
September 30, 1977: 10 Provided, That this amount shall be adjusted on
an annual basis each fiscal year after June 30, 1975, to reflect changes
SEC. 707. (a) (1) Agricultural commodities and products purchased
in the series for food away from home of the Consumer Price Index
by the Secretary of Agriculture under section 32 of the Act of August 24,
published by the Bureau of Labor Statistics of the Department of Labor.
1935 (7 U.S.C. 612c) shall 8 be donated to a recipient of a grant or
Such adjustment shall be computed to the nearest one-fourth cent.
contract to be used for providing nutritional services in accordance with
Among the commodities delivered under this subsection, the Secretary
the provisions of this title.
shall give special emphasis to high protein foods, meat, and meat alter-
nates. The Secretary of Agriculture, in consultation with the Commis-
(2) The Commodity Credit Corporation shall 8 dispose of food com-
sioner, is authorized to prescribe the terms and conditions respecting the
modities under section 416 of the Agricultural Act of 1949 (7 U.S.C.
donating of commodities pursuant to this subsection, and, within ninety
1431) by donating them to a recipient of a grant or contract to be used
days after the date of enactment of this paragraph, the Secretary of
for providing nutritional services in accordance with the provisions of
Agriculture shall issue regulations governing the donation of such com-
this title.
modities.
(3) Dairy products purchased by the Secretary of Agriculture under
(b) 9 The Secretary of Agriculture in consultation with the Commis-
section 709 of the Food and Agriculture Act of 1965 (7 U.S.C. 1446a-
sioner shall, within ninety days after the date of enactment of this sub-
section, issue regulations clarifying the use of food stamps under this
title.
7 The 1973 Amendments, sec. 701, revised sec. 707. Previously, it read
(c) 11 (1) During each of the fiscal years ending June 30, 1975, and
as follows:
June 30, 1976, and during the period beginning July 1, 1976, and end-
ing September 30, 1976, the Secretary of Agriculture shall purchase
"SURPLUS COMMODITIES
high protein foods, meat, and meat alternates on the open market, at
SEC. 707. (a) Each recipient of a grant or contract shall, insofar as
prices not in excess of market prices, out of funds appropriated under
practicable, utilize in its nutrition project commodities designated from
this section, as determined under paragraph (3), for distribution to
time to time by the Secretary of Agriculture as being in abundance,
recipients of grants or contracts to be used for providing nutritional
either nationally or in the local area, or commodities donated by the
services in accordance with the provisions of this title. High protein
Secretary of Agriculture. Commodities purchased under the authority
food, meat, and meat alternates purchased by the Secretary of Agricul-
of section 32 of the Act of August 24, 1935 (49 Stat. 774), as amended,
ture under this subsection shall be grown and produced in the United
may be donated by the Secretary of Agriculture to the recipient of a
States.
grant or contract, in accordance with the needs as determined by the
recipient of a grant or contract, for utilization in the nutritional program
under this title. The Secretary of Agriculture is authorized to prescribe
terms and conditions respecting the use of commodities donated under
8 The 1975 Amendments, sec. 111(c) substituted "shall" for "may".
section 32, as will maximize the nutritional and financial contributions of
9 Paragraph (4) and subsection (b) were added by the 1974 Amendments,
such donated commodities in such public or private nonprofit institutions
sec. 5.
or organizations, agencies, or political subdivisions of a State.
10 The 15 cent and 25 cent levels were set by the 1975 Amendments, sec.
"(b) The Secretary of Agriculture may utilize the projects authorized
111(b). As enacted by the 1974 Amendments, paragraph (4) provided
under this title in carrying out the provisions of clause (2) of section 32
of the Act approved August 24, 1935, as amended
a 10 cents per meal minimum.
11 Subsection (c) was added by the 1975 Amendments, sec. 111(a).
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59
(2) High protein food, meat, and meat alternates donated under this
priated for such fiscal years, as part of the appropriations for salaries and
subsection shall not be considered donated commodities for purposes of
expenses for the Administration on Aging, such sums as Congress may
meeting the requirement of subsection (a) (4) with respect to the
determine to be necessary to carry out the provisions of this title. Sums
annually programed level of assistance under subsection (a).
appropriated pursuant to this section which are not obligated and ex-
(3) There are authorized to be appropriated such sums as may be
pended prior to the beginning of the fiscal year succeeding the fiscal year
necessary in order to carry out the program established under paragraph
for which such funds were appropriated shall remain available for obli-
(1).
gation and expenditure during such succeeding fiscal year.
(d) 12 (1) Notwithstanding any other provision of law, in any case
in which a State has phased out its commodity distribution facilities
before June 30, 1974, such State may, for purposes of the programs
RELATIONSHIP TO OTHER LAWS
authorized by this Act, elect to receive cash payments in lieu of donated
foods. In any case in which a State makes such an election, the Secretary
SEC. 709. No part of the cost of any project under this title may be
of Agriculture shall make cash payments to such State in an amount
treated as income or benefits to any eligible individual for the purpose
equivalent in value to the donated foods which the State otherwise
of any other program or provision of State or Federal law.
would have received if such State had retained its commodity distribu-
tion facilities.
MISCELLANEOUS
(2) When such payments are made, the State agency shall promptly
and equitably disburse any cash it receives in lieu of commodities to
SEC. 710. None of the provisions of this title shall be construed to
recipients of grants or contracts. Such disbursements shall be used by
prevent a recipient of a grant or a contract from entering into an agree-
such recipients of grants or contracts to purchase United States agricul-
ment, subject to the approval of the State agency, with a profitmaking
tural commodities and other foods for their nutrition projects.
organization to carry out the provisions of this title and of the appro-
priate State plan.
APPROPRIATIONS AUTHORIZED
SEC. 708. For the purpose of carrying out the provisions of this title
TITLE VIII (Repealed)
(other than section 707(c)) 13 there are hereby authorized to be appro-
priated $100,000,000 for the fiscal year ending June 30, 1973, $150,-
NOTE: From 1965 until the 1973 Amendments, the last title of the
000,000 for the fiscal year ending June 30, 1974, $150,000,000 for the
Act was the "GENERAL" title. Beginning with the 1965 Act, it was
fiscal year ending June 30, 1975, $200,000,000 for the fiscal year ending
Title VI. When the 1969 Amendments added a new Title VI ("National
June 30, 1976, $62,500,000 for the period beginning July 1, 1976, and
Older Americans Volunteer Program"), the "GENERAL" title became
ending September 30, 1976, $250,000,000 for the fiscal year ending
Title VII. When the 1972 Amendments added present Title VII ("Nu-
September 30, 1977, and $275,000,000 for the fiscal year ending Sep-
trition Program for the Elderly"), the "GENERAL" title became Title
tember 30, 1978.¹ In addition, there are hereby authorized to be appro-
VIII. The 1973 Amendments repealed Title VIII, but added new sections
in Title II covering the same subjects as were in the sections of the
former Title VIII. (See Title II's footnotes 7 through 15 and 18 through
21.)
12 Subsection (d) was added by the 1975 Amendments, sec. 111(d).
13 This parenthetical phrase was inserted by the 1975 Amendments, sec.
A new Title VIII for the Act was proposed by H.R. 3922, as it passed
111(e).
the U.S. House of Representatives on April 8, 1975. This bill was eventu-
ally enacted as the Older Americans Amendments of 1975, P.L. 94-135
14 Authorizations for fiscal years 1975, 1976, and 1977 were added by
(referred to in this work as "the 1975 Amendments"). However, the
the 1974 Amendments, sec. 1. Authorizations for the period July 1-
proposed Title VIII was deleted during the later stages of the bill's
Sept. 30, 1976 and for fiscal year 1978 were added by the 1975 Amend-
consideration. Its purpose was at least partially served by sec. 106(b)
ments, sec. 112(f).
of the 1975 Act, which added sec. 305(b) to the Act.
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61
TITLE IX-COMMUNITY SERVICE EMPLOYMENT
personnel shall, to the fullest extent possible, be recruited from among
eligible individuals;
FOR OLDER AMERICANS¹
(B) will provide employment for eligible individuals in the com-
SHORT TITLE
munity in which such individuals reside, or in nearby communities;
SEC. 901. This title may be cited as the "Older American Community
(C) will employ eligible individuals in services related to publicly
Service Employment Act".
owned and operated facilities and projects, or projects sponsored by
organizations, other than political parties, exempt from taxation under
the provisions of section 501 (c) (3) of the Internal Revenue Code of
OLDER AMERICAN COMMUNITY SERVICE EMPLOYMENT PROGRAM
1954, except projects involving the construction, operation, or mainte-
SEC. 902. (a) In order to foster and promote useful part-time oppor-
nance of any facility used or to be used as a place for sectarian religious
tunities in community service activities for unemployed low-income per-
instruction or worship;
sons who are fifty-five years old and who have poor employment pro-
(D) will contribute to the general welfare of the community;
spects, the Secretary of Labor (hereinafter in this title referred to as the
"Secretary") is authorized to establish an older American community
(E) will provide employment for eligible individuals whose oppor-
service employment program.
tunities for other suitable public or private paid employment are poor;
(b) (1) In order to carry out the provisions of this title, the Secretary
(F) (i) will result in an increase in employment opportunities over
is authorized to enter into agreements with public or private nonprofit
those opportunities which would otherwise be available, (ii) will not
agencies or organizations, including national organizations,² agencies of
result in the displacement of currently employed workers (including
a State government or a political subdivision of a State (having elected
partial displacement, such as a reduction in the hours of nonovertime
or duly appointed governing officials), or a combination of such political
work or wages or employment benefits), and (iii) will not impair exist-
subdivisions, or tribal organizations in order to further the purposes and
ing contracts or result in the substitution of Federal funds for other
goals of the program. Such agreements may include provisions for the
funds in connection with work that would otherwise be performed;
payment of costs, as provided in subsection (c), of projects developed
by such organizations and agencies in cooperation with the Secretary
(G) 3 will not employ or continue to employ any eligible individual
in order to make the program effective or to supplement the program. No
to perform work the same or substantially the same as that performed
payment shall be made by the Secretary toward the cost of any project
by any other person who is on layoff;
established or administered by any such organization or agency unless he
(H) will utilize methods of recruitment and selection (including list-
determines that such project-
ing of job vacancies with the employment agency operated by any State
(A) will provide employment only for eligible individuals, except for
or political subdivision thereof) which will assure that the maximum
necessary technical, administrative, and supervisory personnel, but such
number of eligible individuals will have an opportunity to participate
in the project;
(I) will include such training as may be necessary to make the most
1 The 1975 Amendments, sec. 113, added Title IX as a new title in the
effective use of the skills and talents of those individuals who are par-
Act. With minor differences, it is identical with Title IX of The Older
ticipating, and will provide for the payment of the reasonable expenses
Americans Comprehensive Services Amendments of 1973 (P.L. 93-29-
of individuals being trained, including a reasonable subsistence allow-
May 3, 1973). That title, as enacted in 1973, was a separate Act, in no
ance;
way a part of the Older Americans Act of 1965, as Amended. The
changes in that Act in adding the new Title IX of the Older Americans
(J) will assure that safe and healthy conditions of work will be pro-
Act, are discussed below in footnotes 2 through 9. The 1975 Amend-
vided, and will assure that persons employed in community service jobs
ments, sec. 113, after adding Title IX to the Act, repealed Title IX of
assisted under this title shall be paid wages which shall not be lower
the 1973 Act.
2 The phrase, "including national organizations," was not in Title IX of
the 1973 Act.
3 Subparagraph (G) was not in Title IX of the 1973 Act.
62
63
than whichever is the highest of (i) the minimum wage which would be
ADMINISTRATION
applicable to the employee under the Fair Labor Standards Act of 1938,
if section 6(a) (1) of such Act applied to the participant and if he were
SEC. 903. (a) In order to effectively carry out the provisions of this
not exempt under section 13 thereof, (ii) the State or local minimum
title, the Secretary shall, through the Commissioner of the Administration
wage for the most nearly comparable covered employment, or (iii) the
on Aging, consult with the State agency on aging designated under sec-
prevailing rates of pay for persons employed in similar public occupa-
tion 304(a) (1) and the appropriate area agencies on aging established
tions by the same employer;
under section 304(a)(2) with regard to-5
(K) will be established or administered with the advice of persons
(1) the localities in which community service projects of the type
competent in the field of service in which employment is being provided,
authorized by this title are most needed;
and of persons who are knowledgeable with regard to the needs of older
persons;
(2) consideration of the employment situations and the type of
skills possessed by available local individuals who are eligible to par-
(L) will authorize pay for necessary transportation costs of eligible
ticipate; and
individuals which may be incurred in employment in any project funded
under this title, in accordance with regulations promulgated by the Sec-
(3) potential projects and the number and percentage of eligible
retary;
individuals in the local population.
(M) will assure that, to the extent feasible, such project will serve the
(b) If the Secretary determines that to do so would increase job
needs of minority, Indian, and limited English-speaking eligible individ-
opportunities available to individuals under this title, the Secretary is
uals in proportion to their numbers in the State; and
authorized to coordinate the program assisted under this title with pro-
grams authorized under the Emergency Jobs and Unemployment Assist-
(N) 4 will authorize funds to be used, to the extent feasible, to include
ance Act of 1974, the Comprehensive Employment and Training Act
individuals participating in such project under any State unemployment
of 1973, the Community Services Act of 1974, and the Emergency Em-
insurance plan.
ployment Act of 1971. Appropriations under this Act may not be used to
carry out any program under the Emergency Jobs and Unemployment
(2) The Secretary is authorized to establish, issue, and amend such
Assistance Act of 1974, the Comprehensive Employment and Training
regulations as may be necessary to effectively carry out the provisions
Act of 1973, the Community Services Act of 1974, or the Emergency
of this title.
Employment Act of 1971.⁶
(c) (1) The Secretary is authorized to pay not to exceed 90 per
centum of the cost of any project which is the subject of an agreement
entered into under subsection (b), except that the Secretary is author-
ized to pay all of the costs of any such project which is (A) an emer-
5 The comparable language in Title IX of the 1973 Act read as follows:
gency or disaster project, or (B) a project located in an economically
"SEC. 903. (a) in order to effectively carry out the purposes of this
depressed area, as determined by the Secretary in consultation with the
title, the Secretary is authorized to consult with agencies of States and
Secretary of Commerce and the Director of the Community Services
their political subdivisions with regard to-"
Administration.
6 This sentence was not in Title IX of the 1973 Amendments, which,
however, contained the following language:
(2) The non-Federal share shall be in cash or in kind. In determin-
"In carrying out the provisions of this paragraph, the Secretary is au-
ing the amount of the non-Federal share, the Secretary is authorized
thorized to make necessary arrangements to include projects and activi-
to attribute fair market value to services and facilities contributed from
ties assisted under this title within a common agreement and a common
non-Federal sources.
application with projects assisted under this Act and other provisions of
law such as the Economic Opportunity Act of 1964, the Manpower De-
velopment and Training Act of 1962, the Emergency Employment Act
4 Subparagraph (N) was not in Title IX of the 1973 Act.
of 1971."
64
65
(c) In carrying out the provisions of this title, the Secretary is author-
INTERAGENCY COOPERATION
ized to use, with their consent, the services, equipment, personnel, and
SEC. 905. (a) The Secretary shall consult with, and obtain the writ-
facilities of Federal and other agencies with or without reimbursement,
ten views of, the Commissioner of the Administration on Aging prior
and on a similar basis to cooperate with other public and private agen-
to the establishment of rules or the establishment of general policy in
cies and instrumentalities in the use of services, equipment, and facilities.
the administration of this title.
(d) 7 Payments under this title may be made in advance or by way of
(b) The Secretary shall consult and cooperate with the Director of
reimbursement and in such installments as the Secretary may determine.
the Community Services Administration, the Secretary of Health, Edu-
cation, and Welfare, and the heads of other Federal agencies carrying
(e) The Secretary shall not delegate any function of the Secretary
out related programs, in order to achieve optimal coordination with
under this title to any other department or agency of the Federal Gov-
such other programs. In carrying out the provisions of this section, the
ernment.
Secretary shall promote programs or projects of a similar nature. Each
Federal agency shall cooperate with the Secretary in disseminating
information relating to the availability of assistance under this title
and in promoting the identification and interests of individuals eligible
for employment in projects assisted under this title.
PARTICIPANTS NOT FEDERAL EMPLOYEES
EQUITABLE DISTRIBUTION OF ASSISTANCE 10
SEC. 904. (a) Eligible individuals who are employed in any project
SEC. 906. (a) (1) From sums appropriated under this title for each
funded under this title shall not be considered to be Fedèral employees
fiscal year, the Secretary shall first reserve such sums as may be neces-
as a result of such employment and shall not be subject to the provisions
sary for national grants or contracts with public agencies and public
of part III of title 5, United States Code.
or private nonprofit organizations to maintain the level of activities
carried on under such grants or contracts at least at the level of such
(b) No contract shall be entered into under this title with a con-
activities supported under this title and under any other provision of
tractor who is, or whose employees are, under State law, exempted from
Federal law relating to community service employment programs for
operation of the State workmen's compensation law, generally appli-
older Americans in the fiscal year ending June 30, 1975. Preference in
cable to employees, unless the contractor shall undertake to provide
awarding such grants or contracts shall be given to national organiza-
either through insurance by a recognized carrier, or by self-insurance,
tions of proven ability in providing employment services to older per-
as authorized by State law, that the persons employed under the con-
sons under this program and similar programs. The Secretary, in award-
tract, shall enjoy workmen's compensation coverage equal to that pro-
ing grants and contracts under this section, shall, to the extent feasible,
vided by law for covered employment.8
assure an equitable distribution of activities under such grants and
9 SEC. 905 of Title IX of the 1973 Amendments read as follows:
7
This subsection was subsection (e) in Title IX of the 1973 Amend-
"SEC. 905. The Secretary shall consult and cooperate with the Office
ments, which contained a subsection (d) not contained herein, reading
of Economic Opportunity, the Administration on Aging, the Department
as follows:
of Health, Education, and Welfare, and any other related Federal agency
"(d) The Secretary shall establish criteria designed to assure equitable
administering related programs, with a view to achieving optimal coordi-
participation in the administration of community service projects by
nation with such other programs and shall promote the coordination of
agencies and organizations eligible for payment under section 902(b)."
projects under this title with other public and private programs or proj-
8 There was a second sentence in this subsection in Title IX of the 1973
ects of a similar nature. Such Federal agencies shall cooperate with the
Amendments, reading as follows:
Secretary in disseminating information about the availability of assist-
ance under this title and in promoting the identification and interests of
"The Secretary must establish standards for severance benefits, in lieu
individuals eligible for employment in projects funded under this title."
of unemployment insurance coverage, for eligible individuals who have
participated in qualifying programs and who have become unemployed."
10 See footnote on following page.
66
67
contracts, in the aggregate, among the States, taking into account the
remainder of the sums appropriated for the fiscal year for which the
needs of underserved States.
determination is made, or $100,000, whichever is greater, and (B)
(2) The Secretary shall allot for projects within each State the
Guam, American Samoa, the Virgin Islands, and the Trust Territory of
remainder of the sums appropriated for any fiscal year under section
the Pacific Islands shall each be allotted an amount which is not less
908 so that each State will receive an amount which bears the same ratio
than one-fourth of 1 per centum of the remainder of the sums appro-
to such remainder as the product of the number of persons aged fifty-
priated for the fiscal year for which the determination is made, or
five or over in the State and the allotment percentage of such State
$50,000, whichever is greater. For the purpose of the exception con-
bears to the sum of the corresponding product for all States, except that
tained in this paragraph the term "State" does not include Guam, Ameri-
(A) no State shall be allotted less than one-half of 1 per centum of the
can Samoa, the Virgin Islands, and the Trust Territory of the Pacific
Islands.
(3) For the purpose of this subsection-
10 Sec. 906 of Title IX of the 1973 Amendments read as follows:
(A) the allotment percentage of each State shall be 100 per centum
"SEC. 906. (a)(1) From the sums appropriated for any fiscal year un-
less that percentage which bears the same ratio to 50 per centum as the
der section 908 there shall be initially allotted for projects within each
per capita income of such State bears to the per capita income of the
State an amount which bears the same ratio to such sum as the popu-
United States, except that (i) the allotment percentage shall in no case
lation, aged fifty-five or over in such State bears to the population aged
be more than 75 per centum or less than 33½ per centum, and (ii) the
fifty-five or over in all States, except that (A) no State shall be allotted
allotment percentage for the District of Columbia, Puerto Rico, Guam,
less than one-half of 1 per centum of the sum appropriated for the fiscal
the Virgin Islands, American Samoa, and the Trust Territory of the
year for which the determination is made; and (B) Guam, American
Pacific Islands shall be 75 per centum;
Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands
(B) the number of persons aged fifty-five or over in any State and in
shall each be allotted an amount equal to one-fourth of 1 per centum
all States, and the per capita income in any State and in all States, shall
of the sum appropriated for the fiscal year for which the determination
be determined by the Secretary on the basis of the most satisfactory data
is made. For the purpose of the exception contained in this paragraph, the
available to him; and
term "State" does not include Guam, American Samoa, the Virgin Is-
lands, and the Trust Territory of the Pacific Islands.
(C) for the purpose of determining the allotment percentage, the
"(2) The number of persons aged fifty-five or over in any State and
term "United States" means the fifty States and the District of Columbia.
for all States shall be determined by the Secretary on the basis of the
(b) The amount allotted for projects within any State under sub-
most satisfactory data available to him.
section (a) for any fiscal year which the Secretary determines will not be
"(b) The amount allotted for projects within any State under subsec-
required for such year shall be reallotted, from time to time and on
tion (a) for any fiscal year which the Secretary determines will not be
such dates during such year as the Secretary may fix, to projects
required for that year shall be reallotted, from time to time and on such
within other States in proportion to the original allotments to projects
dates during such year as the Secretary may fix, to projects within other
within such States under subsection (a) for such year, but with such
States in proportion to the original allotments to projects within such
proportionate amount for any of such other States being reduced to
States under subsection (a) for that year, but with such proportionate
the extent it exceeds the sum the Secretary estimates that projects within
amount for any of such other States being reduced to the extent it ex-
such State need and will be able to use for such year; and the total of
ceeds the sum the Secretary estimates that projects within such State
such reductions shall be similarly reallotted among the States whose
need and will be able to use for such year; and the total of such reduc-
proportionate amounts were not so reduced. Any amount reallotted to a
tions shall be similarly reallotted among the States whose proportionate
State under this subsection during a year shall be deemed part of its
amounts were not so reduced. Any amount reallotted to a State under
allotment under subsection (a) for such year.
this subsection during a year shall be deemed part of its allotment under
(c) The amount apportioned for projects within each State under
subsection (a) for that year.
subsection (a) shall be apportioned among areas within each such State
"(c) The amount apportioned for projects within each State under
in an equitable manner, taking into consideration (1) the proportion
subsection (a) shall be apportioned among areas within each such State
which eligible individuals in each such area bears to the total number
in an equitable manner, taking into consideration the proportion which
of such individuals, respectively, in that State, and (2) the relative
eligible persons in each such area bears to such total number of such
distribution of such individuals residing in rural and urban areas within
persons, respectively, in that State."
the State.
68
69
DEFINITIONS
PART II
SEC. 907. As used in this title-
(1) the term "State" means any of the several States of the United
States, the District of Columbia, Puerto Rico, the Virgin Islands, Amer-
ican Samoa, Guam, and the Trust Territory of the Pacific Islands;
(2) the term "eligible individual" means an individual who is fifty-
EXCERPTS OF RELATED ACTS
five years old or over, who has a low income, and who has or would
have difficulty in securing employment, except that, pursuant to regula-
tions prescribed by the Secretary, any such individual who is sixty years
old or over shall have priority for the work opportunities provided for
under this title;
ADULT EDUCATION ACT
(3) the term "community service" means social, health, welfare, and
(P.L. 89-750, Title III)
educational services, legal and other counseling services and assistance,
*
*
*
including tax counseling and assistance and financial counseling,11 and
STATEMENT OF PURPOSE
library, recreational, and other similar services; conservation, mainte-
nance, or restoration of natural resources; community betterment or
SEC. 302. It is the purpose of this title to expand educational oppor-
beautification; antipollution and environmental quality efforts; economic
tunity and encourage the establishment of programs of adult public edu-
development; and such other services essential and necessary to the
cation that will enable all adults to continue their education to at least
community as the Secretary, by regulation, may prescribe; and
the level of completion of secondary school and make available the
(4) the term "program" means the older American community serv-
means to secure training that will enable them to become more em-
ice employment program established under this title.
ployable, productive, and responsible citizens.
AUTHORIZATION OF APPROPRIATIONS 12
SEC. 908. There are authorized to be appropriated to carry out this
SPECIAL PROJECTS FOR THE ELDERLY
title $100,000,000 for the fiscal year ending June 30, 1976, $37,500,000
for the period beginning July 1, 1976, and ending September 30, 1976,
SEC. 310.¹ (a) The Commissioner is authorized to make grants to
$150,000,000 for the fiscal year ending September 30, 1977, and $200,-
State and local educational agencies or other public or private nonprofit
000,000 for the fiscal year ending September 30, 1978.
agencies for programs to further the purpose of this Act by providing
educational programs for elderly persons whose ability to speak and
read the English language is limited and who live in an area with a
11 The phrase "legal and other counseling services
financial
coun-
culture different than their own. Such programs shall be designed to
seling," was not included in the definition of "community service" in Title
equip such elderly persons to deal successfully with the practical prob-
IX of the 1973 Amendments.
lems in their everyday life, including the making of purchases, meeting
their transportation and housing needs, and complying with governmental
12 Title IX of the 1973 Amendments provided no authorizations for fiscal
requirements such as those for obtaining citizenship, public assistance
year 1976 and subsequent years. The 1975 Amendments, sec. 113(c)
and social security benefits, and housing.
provides:
"(c) Notwithstanding any other provision of law, sums appropriated
(b) For the purpose of making grants under this section there are
to carry out title IX of the Older Americans Comprehensive Services
authorized to be appropriated such sums as may be necessary for the
Amendments for 1973 for the fiscal year ending June 30, 1975, may be
fiscal year ending June 30, 1973, for each succeeding fiscal year ending
used for older American community service employment projects con-
ducted as part of the Operation Mainstream program under title III of
the Comprehensive Employment and Training Act of 1973."
1 The 1973 Amendments (P.L. 93-29), sec. 804, added sec. 310.
70
71
prior to October 1, 1978, and for the period beginning July 1, 1976,
tary of Health, Education, and Welfare shall publish in the Federal
and ending September 30, 1976.2
Register proposed general regulations to carry out the provisions of
section 303.
(c) In carrying out the program authorized by this section, the Com-
missioner shall consult with the Commissioner of the Administration on
(2) (A) The Secretary shall not publish such proposed general regu-
Aging for the purpose of coordinating, where practicable, the programs
lations until the expiration of a period comprised of-
assisted under this section with the programs assisted under the Older
(i) the forty-five day period specified in section 307(e); and
Americans Act of 1965.
(ii) an additional forty-five day period, immediately following the
period described in clause (i), during which any committee of the
Congress having jurisdiction over the subject matter involved may
conduct hearings with respect to the report which the Commission
is required to transmit under section 307(d), and with respect to the
comments and recommendations submitted by Federal departments
AGE DISCRIMINATION ACT OF 1975
and agencies under section 307(e).
(P.L. 94-135, Title III)
(B) The forty-five day period specified in subparagraph (A) (ii) shall
include only days during which both Houses of the Congress are in
SHORT TITLE
session.
SEC. 301. The provisions of this title may be cited as the "Age Dis-
(3) Not later than ninety days after the Secretary publishes pro-
crimination Act of 1975".
posed regulations under paragraph (1), the Secretary shall publish in
the Federal Register final general regulations to carry out the provisions
of section 303, after taking into consideration any comments received by
STATEMENT OF PURPOSE
the Secretary with respect to the regulations proposed under paragraph
(1).
SEC. 302. It is the purpose of this title to prohibit unreasonable dis-
crimination on the basis of age in programs or activities receiving Federal
(4) Not later than ninety days after the Secretary publishes final
financial assistance, including programs or activities receiving funds
general regulations under paragraph (a) (3), the head of each Federal
under the State and Local Fiscal Assistance Act of 1972 (31 U.S.C.
department or agency which extends Federal financial assistance to any
1221 et seq.).
program or activity by way of grant, entitlement, loan, or contract other
than a contract of insurance or guaranty, shall transmit to the Secretary
PROHIBITION OF DISCRIMINATION
and publish in the Federal Register proposed regulations to carry out
the provisions of section 303 and to provide appropriate investigative,
SEC. 303. Pursuant to regulations prescribed under section 304, and
conciliation, and enforcement procedures. Such regulations shall be con-
except as provided by section 304(b) and section 304(c), no person in
sistent with the final general regulations issued by the Secretary.
the United States shall, on the basis of age, be excluded from partici-
pation in, be denied the benefits of, or be subjected to discrimination
(5) Notwithstanding any other provision of this section, no regula-
under, any program or activity receiving Federal financial assistance.
tions issued pursuant to this section shall be effective before January 1,
1979.
REGULATIONS
(b) (1) It shall not be a violation of any provision of this title, or of
any regulation issued under this title, for any person to take any action
SEC. 304. (a) (1) Not later than one year after the transmission of
otherwise prohibited by the provisions of section 303 if, in the program
the report required by section 307(b), or two and one-half years after
or activity involved—
the date of the enactment of this Act, whichever occurs first, the Secre-
(A) such action reasonably takes into account age as a factor neces-
2 The 1975 Amendments (P.L. 94-135), sec. 202, added authorizations
sary to the normal operation or the achievement of any statutory ob-
for fiscal periods after June 30, 1975.
jective of such program or activity; or
72
73
(B) the differentiation made by such action is based upon reasonable
priate person of the failure to comply with the regulation involved and
factors other than age.
has determined that compliance cannot be secured by voluntary means.
(2) The provisions of this title shall not apply to any program or
(d) In the case of any action taken under subsection (a), the head
activity established under authority of any law which (A) provides any
of the Federal department or agency involved shall transmit a written
benefits or assistance to persons based upon the age of such persons; or
report of the circumstances and grounds of such action to the commit-
(B) establishes criteria for participation in age-related terms or de-
tees of the House of Representatives and the Senate having legislative
scribes intended beneficiaries or target groups in such terms.
jurisdiction over the program or activity involved. No such action shall
(c) (1) Except with respect to any program or activity receiving Fed-
take effect until thirty days after the transmission of any such report.
eral financial assistance for public service employment under the Com-
(e) The provisions of this section shall be the exclusive remedy for
prehensive Employment and Training Act of 1974 (29 U.S.C. 801, et
the enforcement of the provisions of this title.
seq.), as amended, nothing in this title shall be construed to authorize
action under this title by any Federal department or agency with respect
to any employment practice of any employer, employment agency, or
JUDICIAL REVIEW
labor organization, or with respect to any labor-management joint ap-
prenticeship training program.
SEC. 306. (a) Any action by any Federal department or agency under
(2) Nothing in this title shall be construed to amend or modify the
section 305 shall be subject to such judicial review as may otherwise be
Age Discrimination in Employment Act of 1967 (29 U.S.C. 621-634),
provided by law for similar action taken by any such department or
as amended, or to affect the rights or responsibilities of any person or
agency on other grounds.
party pursuant to such Act.
(b) In the case of any action by any Federal department or agency
under section 305 which is not otherwise subject to judicial review, any
person aggrieved (including any State or political subdivision thereof
ENFORCEMENT
and any agency of either) may obtain judicial review of such action in
accordance with the provisions of chapter 7 of title 5, United States
SEC. 305. (a) The head of any Federal department or agency who
Code. For purposes of this subsection, any such action shall not be
prescribes regulations under section 304 may seek to achieve compliance
considered committed to unreviewable agency discretion within the
with any such regulation-
meaning of section 701 (a) (2) of such title.
(1) by terminating, or refusing to grant or to continue, assistance
under the program or activity involved to any recipient with respect to
whom there has been an express finding on the record, after reasonable
STUDY OF DISCRIMINATION BASED ON AGE
notice and opportunity for hearing, of a failure to comply with any such
regulation; or
SEC. 307. (a) The Commission on Civil Rights shall (1) undertake
a study of unreasonable discrimination based on age in programs and
(2) by any other means authorized by law.
activities receiving Federal financial assistance; and (2) identify with
(b) Any termination of, or refusal to grant or to continue, assistance
particularity any such federally assisted program or activity in which
under subsection (a) (1) shall be limited to the particular political entity
there is found evidence of persons who are otherwise qualified being, on
or other recipient with respect to which a finding has been made under
the basis of age, excluded from participation in, denied the benefits of,
subsection (a) (1). Any such termination or refusal shall be limited in
or subjected to discrimination under such program or activity.
its effect to the particular program or activity, or part of such program
or activity, with respect to which such finding has been made. No such
(b) As part of the study required by this section, the Commission
termination or refusal shall be based in whole or in part on any finding
shall conduct public hearings to elicit the views of interested parties,
including Federal departments and agencies, on issues relating to age
with respect to any program or activity which does not receive Federal
financial assistance.
discrimination in programs and activities receiving Federal financial
assistance, and particularly with respect to the reasonableness of dis-
(c) No action may be taken under subsection (a) until the head of
tinguishing, on the basis of age, among potential participants in, or
the Federal department or agency involved has advised the appro-
beneficiaries of, specific federally assisted programs.
74
75
(c) The Commission is authorized to obtain, through grant or con-
COMPREHENSIVE EMPLOYMENT AND
tract, analyses, research and studies by independent experts of issues
TRAINING ACT OF 1973
relating to age discrimination and to publish the results thereof. For
purposes of the study required by this section, the Commission may
(P.L. 93-203, DEC. 28, 1973)
accept and utilize the services of voluntary or uncompensated personnel,
without regard to the provisions of section 105(b) of the Civil Rights
Act of 1957 (42 U.S.C. 1975(b)).
TITLE I-COMPREHENSIVE MANPOWER SERVICES
(d) Not later than eighteen months after the date of the enactment
of this Act, the Commission shall transmit a report of its findings and
its recommendations for statutory changes (if any) and administrative
DESCRIPTION OF PROGRAM
action, including suggested general regulations, to the Congress and to
the President and shall provide a copy of its report to the head of each
SEC. 101. It is the purpose of this title to establish a program to pro-
Federal department and agency with respect to which the Commission
vide comprehensive manpower services throughout the Nation.
makes findings or recommendations.
(e) Not later than forty-five working days after receiving a copy of
the report required by subsection (d), each Federal department or agency
PRIME SPONSORS
with respect to which the Commission makes findings or recommenda-
tions shall submit its comments and recommendations regarding such
SEC. 102. (a) The Secretary may make financial assistance available
report to the President and to the Committee on Labor and Public Wel-
to a prime sponsor to enable it to carry out all or a substantial part of
fare of the Senate and the Committee on Education and Labor of the
a comprehensive manpower program.
House of Representatives.
*
*
*
(f) The head of each Federal department or agency shall cooperate
in all respects with the Commission with respect to the study required
CONDITIONS FOR RECEIPT OF FINANCIAL ASSISTANCE
by subsection (a), and shall provide to the Commission such data,
reports, and documents in connection with the subject matter of such
SEC. 105. (a) The Secretary shall not provide financial assistance for
study as the Commission may request.
any fiscal year to a prime sponsor unless such sponsor submits a com-
prehensive manpower plan, in such detail as the Secretary deems neces-
(g) There are authorized to be appropriated such sums as may be
sary, which—
necessary to carry out the provisions of this section.
*
*
(3) (A) provides appropriate arrangements with community-based
DEFINITIONS
organizations serving the poverty community, and other special target
groups for their participation in the planning of programs included in
SEC. 308. For purposes of this title-
the plan;
(1) the term "Commission" means the Commission on Civil Rights;
*
*
*
(2) the term "Secretary" means the Secretary of Health, Education,
and Welfare; and
TITLE II-PUBLIC EMPLOYMENT PROGRAMS
(3) the term "Federal department or agency" means any agency as
defined in section 551 of title 5, United States Code, and includes
STATEMENT OF PURPOSE
the United States Postal Service and the Postal Rate Commission.
SEC. 201. It is the purpose of this title to provide unemployed and
underemployed persons with transitional employment in jobs providing
needed public services in areas of substantial unemployment and,
77
wherever feasible, related training and manpower services to enable
take into account the need for continued funding of programs of dem-
such persons to move into employment or training not supported under
onstrated effectiveness.
this title.
*
YOUTH PROGRAMS AND OTHER SPECIAL PROGRAMS
FINANCIAL ASSISTANCE
SEC. 304. (a) The Secretary may provide financial assistance in
SEC. 203. (a) The Secretary shall enter into arrangements with eligi-
urban and rural areas, including areas having large concentrations or
ble applicants in accordance with the provisions of this title in order
proportions of low-income, unemployed persons, and rural areas having
to make financial assistance available in areas of substantial unemploy-
substantial outmigration to urban areas, for comprehensive work and
ment for the purpose of providing transitional employment for unem-
training programs, and necessary supportive and follow-up services,
ployed and underemployed persons in jobs providing needed public
including the following:
services, and training and manpower services related to such employ-
ment which are otherwise unavailable, and enabling such persons to
move into employment or training not supported under this title.
(6) special services, when required, for middle-aged and older men
and women, including recruitment, placement, and counseling for such
persons who are unemployed as a result of the closing of a plant or
SPECIAL CONDITIONS
factory or a permanent large-scale reduction in the work force of a
locality, and provide grants to or contracts with prime sponsors to assist
SEC. 208.
such sponsors in securing part-time or temporary employment for middle-
aged and older persons; and
(7) other manpower programs conducted by community-based
(b) Consistent with the provisions of this title, the Secretary shall
organizations.
make financial assistance under this title available in such a manner
that, to the extent practicable, public service employment opportunities
will be available on an equitable basis in accordance with the purposes
of this title among significant segments of the population of unemployed
persons, giving consideration to the relative numbers of unemployed
TITLE VII-GENERAL PROVISIONS
persons in each such segment.
DEFINITIONS
SEC. 701. (a) As used in this Act, the term-
TITLE III-SPECIAL FEDERAL RESPONSIBILITIES
*
PART A-SPECIAL TARGET GROUPS
(7) "Public service" includes, but is not limited to, work, including
part-time work for individuals who are unable, because of age, handi-
SPECIAL MANPOWER TARGET GROUPS
cap, or other factors, to work full time,¹ in such fields as environmental
quality, health care, education, child care, public safety, crime prevention
SEC. 301. (a) The Secretary shall use funds available under this title
and control, prison rehabilitation, transportation, recreation, maintenance
to provide additional manpower services as authorized under titles I
and II to segments of the population that are in particular need of such
1 The phrase, ", including part-time work for individuals who are unable,
services, including youth, offenders, persons of limited English-speaking
because of age, handicap, or other factors to find work full time," was
ability, older workers, and other persons which the Secretary determines
inserted by Sec. 107(b) of P.L. 93-567 (Dec. 31, 1974), the "Emergency
have particular disadvantages in the labor market. The Secretary shall
Jobs and Unemployment Assistance Act of 1974".
78
79
of parks, streets, and other public facilities, solid waste removal, pollu-
volunteer service programs under this section, if he determines, in
tion control, housing and neighborhood improvements, rural develop-
accordance with regulations he shall prescribe, that-
ment, conservation, beautification, veterans outreach, and other fields
(1) volunteers will not be reimbursed for other than transportation,
of human betterment and community improvement.
meals, and other out-of-pocket expenses incident to the provision of
services under this part;
(2) only individuals aged sixty or over will be enrolled as volunteers
CONDITIONS APPLICABLE TO ALL PROGRAMS
to provide services under this part (except for administrative purposes),
SEC. 703. The Secretary shall not provide financial assistance for any
and such services will be performed in the community where such in-
dividuals reside or in nearby communities either (A) on publicly owned
program under this Act unless—
and operated facilities or projects, or (B) on local projects sponsored
(1) the grant, contract, or agreement with respect thereto specifically
by private nonprofit organizations (other than political parties), other
provides that no person with responsibilities in the operation of such
than projects involving the construction, operation, or maintenance of
program will discriminate with respect to any program participant or any
so much of any facility used or to be used for sectarian instruction or as
applicant for participation in such program because of race, creed, color,
a place for religious worship;
national origin, sex, age,2 political affiliation, or beliefs;
(3) the program includes such short-term training as may be neces-
sary to make the most effective use of the skills and talents of partici-
pating volunteers and individuals, and provide for the payment of the
reasonable expenses of such volunteers while undergoing such training;
and
DOMESTIC VOLUNTEER SERVICE ACT OF 1973
(4) the program is being established and will be carried out with
(P.L. 93-113, Oct. 1, 1973)
the advice of persons competent in the field of service involved, and
of persons with interest in and knowledge of the needs of older persons.
(b) 2 In no event shall the required proportion of the local contribu-
TITLE II-NATIONAL OLDER AMERICAN VOLUNTEER
tion (including in-kind contributions) for a grant or contract made
PROGRAMS
under this section be more than 10 per centum in the first year of assist-
ance under this section, 20 per centum in the second such year, 30 per
PART A-RETIRED SENIOR VOLUNTEER PROGRAM
centum in the third such year, 40 per centum in the fourth such year,
and 50 per centum in any subsequent such years: Provided, however,
GRANTS AND CONTRACTS FOR VOLUNTEER SERVICE PROJECTS
That the Director may make exceptions in cases of demonstrated need,
determined (in accordance with regulations which the Director shall
SEC. 201. (a) In order to help retired persons to avail themselves of
prescribe) on the basis of the financial capability of a particular recip-
opportunities for volunteer service in their community, the Director is
ient of assistance under this section, to permit a lesser local contribution
authorized to make grants to State agencies (established or designated
proportion than any required contribution proportion established by
pursuant to section 304(a)(1) of the Older Americans Act of 1965,
the Director in generally applicable regulations.
as amended (42 U.S.C. 3024(a) or grants to or contracts with
other public and nonprofit private agencies and organizations to pay
(c) The Director shall not award any grant or contract under this
part or all of the costs for the development or operation, or both, of
part for a project in any State to any agency or organization unless, if
such State has a State agency established or designated pursuant to sec-
tion 304(a)(1) of the Older Americans Act of 1965, as amended (42
2 The word "age" was inserted by Sec. 107(d) of P.L. 93-567 (Dec. 31,
U.S.C. 3024(a) (1)), such agency itself is the recipient of the award or
1974).
1 Sec. 604 (see p. 86) of P.L. 93-113 repealed Title VI of the Older
Americans Act of 1965, as amended, since most of the substance of that
2 Subsection (b) was inserted by the 1974 Amendments (P.L. 93-351),
sec. 4.
title was incorporated into Title II of the new Act (See p. 50).
80
GERALD FORD LIBRANT
81
such agency has been afforded at least sixty days in which to review the
CONDITIONS OF GRANTS AND CONTRACTS
project application and make recommendations thereon.
SEC. 212. (a) (1) In carrying out this part, the Director shall insure
that individuals 3 receiving assistance in any project are older persons of
low income who are no longer in the regular work force.
PART B-FOSTER GRANDPARENT PROGRAM AND OLDER AMERICAN
(2) The Director shall not award a grant or contract under this part
COMMUNITY SERVICE PROGRAMS
which involves a project proposed to be carried out throughout the State
or over an area more comprehensive than one community unless—
GRANTS AND CONTRACTS FOR VOLUNTEER SERVICE PROJECTS
(A) the State agency established or designated under section 304
(a) (1) of the Older Americans Act of 1965, as amended (42 U.S.C.
SEC. 211. (a) The Director is authorized to make grants to or con-
3024(a) (1)) is the applicant for such grant or contract or, if not, such
tracts with public and nonprofit private agencies and organizations to
agency has been afforded a reasonable opportunity to apply for and
pay part or all of the cost of development and operation of projects
receive such award and to administer or supervise the administration of
(including direct payments to individuals serving under this part) de-
the project; and
signed for the purpose of providing opportunities for low-income per-
sons aged sixty or over to provide supportive person-to-person services
(B) in cases in which such agency is not the grantee or contractor
in health, education, welfare, and related settings to children having
(including cases to which clause (A) applies but in which such agency
exceptional needs, including services by individuals serving as "foster
has not availed itself of the opportunity to apply for and receive such
grandparents" to children receiving care in hospitals, homes for depend-
award), the application contains or is supported by satisfactory assur-
ent and neglected children, or other establishments providing care for
ances that the project has been developed, and will to the extent appro-
children with special needs. The Director may approve assistance in
priate be conducted, in consultation with, or with the participation of,
excess of 90 per centum of the costs of the development and operation
such agency.
of such projects only if he determines, in accordance with regulations he
(3) The Director shall not award a grant or contract under this
shall prescribe establishing objective criteria, that such action is required
part which involves a project proposed to be undertaken entirely in a
in furtherance of the purpose of this section. Provision for such assist-
community served by a community action agency unless-
ance shall be effective as of September 19, 1972. In the case of any
project with respect to which, prior to such date, a grant or contract has
(A) such agency is the applicant for such grant or contract or, if not,
been made under section 611 (a) of the Older Americans Act of 1965,
such agency has been afforded a reasonable opportunity to apply for and
as amended (42 U.S.C. 3044b) or with respect to any project under the
receive such award and to administer or supervise the administration of
Foster Grandparent program in effect prior to September 17, 1969, con-
the project;
tributions in cash or in kind from the Bureau of Indian Affairs, Depart-
(B) in cases in which such agency is not the grantee or contractor
ment of the Interior, toward the cost of the project may be counted as
(including cases to which clause (A) applies but in which such agency
part of the cost thereof which is met from non-Federal sources.
has not availed itself of the opportunity to apply for and receive such
award), the application contains or is supported by satisfactory assur-
(b) The Director is also authorized to make grants or contracts to
carry out the purpose described in subsection (a) of this section in the
ances that the project has been developed, and will to the extent
case of persons (other than children) having exceptional needs, includ-
appropriate be conducted in consultation with, or with the participation
ing services by individuals serving as "senior health aides" to work
of, such agency; and
with persons receiving home health care, nursing care, or meals on
(C) if such State has a State agency established or designated pur-
wheels or other nutritional services, and as "senior companions" to
suant to section 304(a) (1) of the Older Americans Act of 1965, as
persons having developmental disabilities or other special needs for
amended (42 U.S.C. 3024(a) such agency has been afforded at
companionship.
least forty-five days in which to review the project application and make
recommendations thereon.
(b) The term "community action agency" as used in this section"
3 The 1975 Amendments (P.L. 94-135), sec. 205(b), substituted "indi-
means a community action agency as defined in title II of the Economic
viduals" for "volunteers".
Opportunity Act of 1964, as amended (42 U.S.C. 2781-2837).
82
83
PART C-GENERAL PROVISIONS
of or eligibility for assistance or services any such volunteers may be
receiving under any governmental program.
COORDINATION WITH OTHER FEDERAL PROGRAMS
SEC. 221. In carrying out this title, the Director shall consult with the
Office of Economic Opportunity, the Departments of Labor and Health,
Education, and Welfare, and any other Federal agencies administering
TITLE V-AUTHORIZATION OF APPROPRIATIONS
relevant programs with a view to achieving optimal coordination with
such other programs, and shall promote the coordination of projects
under this title with other public or private programs or projects carried
out at State and local levels. Such Federal agencies shall cooperate with
NATIONAL OLDER AMERICANS VOLUNTEER PROGRAMS
the Director in disseminating information about the availability of assist-
ance under this title and in promoting the identification and interest
SEC. 502. (a) There are authorized to be appropriated $17,500,000
of low-income and other older persons whose services may be utilized
for the fiscal year ending June 30, 1974, $20,000,000 each for the
in projects under this title.
fiscal year ending June 30, 1975, and for the fiscal year ending June 30,
1976, respectively, $6,000,000 for the period beginning July 1, 1976,
PAYMENTS
and ending September 30, 1976, and $22,000,000 for each of the fiscal
years ending September 30, 1977, and September 30, 1978,4 to be used
SEC. 222. Payments under this title pursuant to a grant or contract
for the purpose of carrying out programs under part A of title II of this
may be made (after necessary adjustments, in the case of grants, on
Act.
account of previously made overpayments or underpayments) in advance
(b) (1) There are authorized to be appropriated $32,500,000 for the
or by way of reimbursement, in such installments and on such condi-
fiscal year ending June 30, 1974, $40,000,000 each for the fiscal years
tions, as the Director may determine.
ending June 30, 1975, and June 30, 1976, respectively, $10,750,000 for
the period beginning July 1, 1976, and ending September 30, 1976, and
MINORITY GROUP PARTICIPATION
$43,000,000 for each of the fiscal years ending September 30, 1977, and
September 30, 1978,4 for the purpose of carrying out programs under
SEC. 223. The Director shall take appropriate steps to insure that
part B of such title of which (A) $26,500,000 for the fiscal year ending
special efforts are made to recruit, select, and assign qualified individuals
June 30, 1974, $32,000,000 each for the fiscal years ending June
sixty years and older from minority groups to serve as volunteers under
30, 1975, and June 30, 1976, respectively, $8,750,000 for the period
this title.
beginning July 1, 1976, and ending September 30, 1976, and
$35,000,000 for each of the fiscal years ending September 30, 1977, and
September 30, 1978,4 shall be available for such years for grants or
contracts under subsection (a) of section 211, and (B) $6,000,000 for
TITLE IV-ADMINISTRATION AND COORDINATION
the fiscal year ending June 30, 1974, $8,000,000 each for the fiscal years
ending June 30, 1975, and June 30, 1976, respectively, $2,000,000 for
the period beginning July 1, 1976, and ending September 30, 1976, and
$8,000,000 for each of the fiscal years ending September 30, 1977, and
SPECIAL LIMITATIONS
September 30, 1978,⁴ shall be available for such years for grants or con-
tracts under subsection (b) of such section.
SEC. 404.
(g) Notwithstanding any other provision of law except as may be
4 The 1975 Amendments (P.L. 94-135), sec. 205(a), added language
provided expressly in limitation of this subsection, payments to volun-
relating to the period beginning July 1, 1976 and ending Sept. 30, 1976,
teers under this Act shall not in any way reduce or eliminate the level
and fiscal years ending Sept. 30, 1977 and Sept. 30, 1978.
84
85
TITLE VI-AMENDMENTS TO OTHER LAWS AND
(C) the term 'State' means the several States, the District of Co-
lumbia, the Virgin Islands, Puerto Rico, Guam, American Samoa, and
REPEALERS
the Trust Territory of the Pacific Islands."
*
*
*
REPEAL OF TITLE VI OF THE OLDER AMERICANS ACT
ECONOMIC OPPORTUNITY ACT OF 1964,
AS AMENDED
SEC. 604. (a) Title VI of the Older Americans Act of 1965, as
amended (42 U.S.C. 3044-3044e), is hereby repealed.
(P.L. 88-452, Aug. 20, 1964)
TITLE II-URBAN AND RURAL COMMUNITY ACTION
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*
PROGRAMS
NOTE: The 1975 Amendments (P.L. 94-135), sec. 205(c) pro-
*
*
*
vided:
PART B-FINANCIAL ASSISTANCE TO COMMUNITY ACTION
"(c) (1) In order to provide maximum coordination between pro-
PROGRAMS AND RELATED ACTIVITIES
grams carried out under title III and title VII of the Older Americans
Act of 1965 (42 U.S.C. 3021 et seq.; 42 U.S.C. 3045 et seq.) and na-
GENERAL PROVISIONS FOR FINANCIAL ASSISTANCE
tional older American volunteer programs carried out under title II of
SEC. 221. (a) The Director may provide financial assistance to com-
the Domestic Volunteer Service Act of 1973 (42 U.S.C. 5001 et seq.),
munity action agencies for the planning, conduct, administration and
and in order to enhance the effectiveness of the support provided to
evaluation of community action programs and components. Those com-
such national older American volunteer programs by the ACTION
ponents may involve, without limitation, other activities and supporting
Agency, the Director of the ACTION Agency shall designate an aging
facilities designed to assist participants including the elderly poor-
resource specialist with respect to programs carried out in each State
(1) to secure and retain meaningful employment;
under title II of the Domestic Volunteer Service Act of 1973.
(2) to attain an adequate education;
(2) (A) Each aging resource specialist designated under paragraph
(3) to make better use of available income;
(1) shall be qualified to serve in such capacity by appropriate experi-
(4) to provide and maintain adequate housing and a suitable
ence and training, and shall be stationed in a State office of the ACTION
living environment;
Agency.
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*
(8) to remove obstacles and solve personal and family prob-
(B) The primary responsibility of each aging resource specialist shall
lems which block the achievement of self-sufficiency;
be-
(9) to achieve greater participation in the affairs of the com-
(i) to support programs carried out under title II of the Domestic
munity; and
Volunteer Service Act of 1973 in any State or other jurisdiction served
(10) to make more frequent and effective use of other programs
by the State office involved; and
related to the purposes of this title.
(ii) to seek to coordinate such programs with programs carried out
He may also provide financial assistance to other public or private
under title III and title VII of the Older Americans Act of 1965 in
nonprofit agencies to aid them in planning for the establishment of a
any such State or other jurisdiction.
community action agency.
(3) For purposes of this subsection-
*
*
*
(A) the term 'ACTION Agency' means the ACTION Agency
SPECIAL PROGRAMS AND ASSISTANCE
established by section 401 of the Act (42 U.S.C. 5041);
SEC. 222. (a) In order to stimulate actions to meet or deal with
(B) the term 'primary responsibility' means the devotion of more
particularly critical needs or problems of the poor which are common
than one-half of regular working hours to the performance of duties
described in paragraph (2) (B); and
3 Emphasis added.
86
87
to a number of communities, the Director may develop and carry on
(12) 2 a program to be known as "Emergency Energy Conservation
special programs under this section. This authority shall be used only
Services" designed to enable low-income individuals and families, in-
where the Director determines that the objectives sought could not be
cluding the elderly and the near poor, to participate in energy conserva-
effectively achieved through the use of authorities under section 221,
tion programs designed to lessen the impact of the high cost of energy
including assistance to components or projects based on models devel-
on such individuals and families and to reduce individual and family
oped and promulgated by him. It shall also be used only with respect
energy consumption. The Director is authorized to provide financial and
to programs which (A) involve activities which can be incorporated into
other assistance for programs and activities, including, but not limited
or be closely coordinated with community action programs, (B) involve
to, an energy conservation and education program; winterization of old
significant new combinations of resources or new and innovative ap-
or substandard dwellings, improved space conditioning, and insulation;
proaches, or (C) are structured in a way that will, within the limits of
emergency loans, grants, and revolving funds to install energy conserva-
the type of assistance or activities contemplated, most fully and effec-
tion technologies and to deal with increased housing expenses relating to
tively promote the purposes of this title. Subject to such conditions as
the energy crisis; alternative fuel supplies, special fuel voucher or stamp
may be appropriate to assure effective and efficient administration, the
programs; alternative transportation activities designed to save fuel and
Director may provide financial assistance to public or private nonprofit
assure continued access to training, education, and employment; appro-
agencies to carry on local projects initiated under such special pro-
priate outreach efforts; furnishing personnel to act as coordinators, pro-
grams; but he shall do so in a manner that will encourage, wherever
viding legal or technical assistance, or otherwise representing the inter-
feasible, the inclusion of the assisted projects in community action pro-
ests of the poor in efforts relating to the energy crisis; nutrition, health,
grams, with a view to minimizing possible duplication and promoting
and other supportive services in emergency cases; and evaluation of pro-
efficiencies in the use of common facilities and services, better assisting
grams and activities under this paragraph. Such assistance may be pro-
persons or families having a variety of needs, and otherwise securing
vided as a supplement to any other assistance extended under the pro-
from the funds committed the greatest possible impact in promoting
visions of this Act or under other provisions of Federal law. The Direc-
family and individual self-sufficiency. Programs under this section shall
tor, after consultation with the Administrator of the Federal Energy
include those described in the following paragraphs:
Office and appropriate Federal departments and agencies shall establish
*
*
*
procedures and take other appropriate action necessary to insure that the
effects of the energy crisis on low-income persons, the elderly, and the
(7) A program to be known as "Senior Opportunities and Services"
near poor are taken into account in the formulation and administration
designed to identify and meet the needs of older, poor persons above the
of programs relating to the energy crisis.
age of 60 in one or more of the following areas: development and pro-
vision of new employment and volunteer services; effective referral to
existing health, welfare, employment, housing, legal, consumer, trans-
*
portation, education, and recreational and other services; stimulation and
creation of additional services and programs to remedy gaps and defi-
ciences in presently existing services and programs; modification of exist-
1 The 1973 Amendments (P.L. 93-29), sec. 805, relates to paragraph
ing procedures, eligibility requirements and program structures to facili-
(7). As amended by the 1975 Amendments (P.L. 94-135), sec. 203, it
tate the greater use of, and participation in, public services by the older
reads as follows:
poor; development of all-season recreation and service centers controlled
"SEC. 805. In addition to the amounts authorized to be appropriated
by older persons themselves, and such other activities and services as the
and allocated pursuant to the Economic Opportunity Amendments of
Director may determine are necessary or specially appropriate to meet
1972, there is further authorized to be appropriated such sums as may
the needs of the older poor and to assure them greater self-sufficiency.
be necessary for the fiscal year ending June 30, 1973, and the succeed-
In administering this program the Director shall utilize to the maximum
ing five fiscal years and the period beginning July 1, 1976, and ending
extent feasible the services of the Administration of Aging in accordance
September 30, 1976, to be used for the Senior Opportunities and Services
with agreements with the Secretary of Health, Education, and Welfare.¹
program described in section 222(a)(7) of the Community Services Act of
1974."
2 Paragraph (12) was added by the "Headstart, Economic Opportunity,
and Community Partnership Act of 1974" (P.L. 93-644, Jan. 4, 1975),
1 See footnote on following page.
sec. 5(d).
88
89
RESIDENT EMPLOYMENT
(B) operate or improve the operation of farms not larger than family
sized, including but not limited to the purchase of feed, seed, fertilizer,
SEC. 223. In the conduct of all component programs under this part,
livestock, poultry, and equipment, or
residents of the area and members of the groups served shall be provided
(C) participate in cooperative associations; and/or to finance non-
maximum employment opportunity, including opportunity for further
agricultural enterprises which will enable such families to supplement
occupational training and career advancement. The Director shall en-
their income.
courage the employment of persons fifty-five years and older as regular,
(b) Loans under this section shall be made only if the family is not
part-time and short-term staff in component programs.
qualified to obtain such funds by loan under other Federal programs.
*
*
*
*
RESEARCH AND PILOT PROGRAMS
SEC. 232. (a)
TITLE VI-ADMINISTRATION AND COORDINATION
*
*
*
*
*
(e) The Director shall develop and carry out pilot projects which
PROGRAMS FOR THE ELDERLY POOR
(1) aid elderly persons to achieve greater self-sufficiency,³ (2) focus
SEC. 610. It is the intention of Congress that whenever feasible the
upon the problems of rural poverty, (3) are designed to develop new
special problems of the elderly poor shall be considered in the develop-
techniques and community-based efforts to prevent narcotics addiction
ment, conduct, and administration of programs under this Act. The
or to rehabilitate narcotic addicts, or (4) are designed to encourage the
Director shall (1) carry out such investigations and studies, including
participation of private organiations, other than nonprofit organizations,
consultations with appropriate agencies and organizations, as may be
in programs under this title.
necessary to develop and carry out a plan for the participation of the
*
*
elderly poor in programs under this Act, including programs providing
employment opportunities, public service opportunities, education and
SPECIAL ASSISTANCE
other services and activities which assist the elderly poor to achieve self-
SEC. 234. The Director may provide financial assistance for projects
sufficiency; (2) maintain a constant review of all programs under this
conducted by public or private nonprofit agencies which are designed
Act to assure that the needs of the elderly poor are given adequate con-
to serve groups of low-income individuals who are not being effectively
sideration; (3) initiate and maintain interagency liaison with all other
served by other programs under this title. In administering this section,
appropriate Federal agencies to achieve a coordinated national approach
the Director shall give special consideration to programs designed to
to the needs of the elderly poor; and (4) determine and recommend to
assist older persons and other low-income individuals who do not re-
the President and the Congress such programs requiring additional au-
side in low-income areas and who are not being effectively served by
thority and the necessary legislation to provide such authority. In exer-
other programs under this title.
cising his responsibilities under this section, the Director shall cooperate
*
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*
with the Commissioner on Aging. The Director shall describe the ways
in which this section has been implemented in the annual report re-
LOANS TO FAMILIES
quired by section 608.
SEC. 302. (a) The Director is authorized to make loans having a
*
*
maximum maturity of 15 years and in amounts not resulting in an
aggregate principal indebtedness of more than $3,500 at any one time
to any low income rural family where, in the judgment of the Director,
FEDERAL-AID HIGHWAY ACT OF 1973
such loans have a reasonable possibility of effecting a permanent in-
(Title I, P.L. 93-87, Aug. 13, 1973)
crease in the income of such families, or, in the case of the elderly, will
*
*
contribute to the improvement of their living or housing conditions by
BUS AND OTHER PROJECT STANDARDS
assisting or permitting them to-
(A) acquire or improve real estate or reduce encumbrances or erect
SEC. 165.
improvements thereon
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*
(b) The Secretary of Transportation shall assure that projects re-
3 Emphasis added.
ceiving Federal financial assistance under (1) subsection (a) or (c) of
90
91
section 142 of title 23, United States Code, (2) paragraph (4) of sub-
primarily by elderly persons, any public or nonprofit private school which
section (e) of section 103, title 23, United States Code, or (3) section
prepares meals especially for elderly persons, any public or nonprofit
147 of the Federal-aid Highway Act of 1973 shall be planned and de-
private eating establishment which prepares meals especially for elderly
signed so that mass transportation facilities and services can effectively
persons during special hours, and any other public or nonprofit private
be utilized by elderly and handicapped persons who, by reason of ill-
establishment approved for such purpose by the Secretary. When an
ness, injury, age, congenital malfunction, or other permanent or tempo-
appropriate State or local agency contracts with a private establishment
rary incapacity or disability are unable without special facilities or
to offer, at concessional prices, meals prepared especially for elderly
special planning or design to utilize such facilities and services as effec-
persons during regular or special hours, the Secretary shall permit
tively as persons not so affected.
eligible households who are sixty years of age or over or elderly persons
and their spouses to use coupons issued to them to purchase such meals.
*
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FOOD STAMP ACT OF 1964, AS AMENDED
HIGHER EDUCATION ACT OF 1965
(P.L. 88-525, Aug. 31, 1964)
(P.L. 89-329)
*
*
TITLE I-COMMUNITY SERVICE AND CONTINUING
SEC. 10
EDUCATION PROGRAMS
*
*
(h) Subject to such terms and conditions as may be prescribed by
SPECIAL PROGRAMS AND PROJECTS RELATING TO PROBLEMS
the Secretary in the regulations issued pursuant to this Act, members
OF THE ELDERLY
of an eligible household who are sixty years of age or over or an elderly
SEC. 110.¹ (a) The Commissioner is authorized to make grants to
person and his spouse may use coupons issued to them to purchase
institutions of higher education (and combinations thereof) to assist
meals prepared for and delivered to them by a political subdivision or
such institutions in planning, developing, and carrying out, consistent
by a private nonprofit organization which: (1) is not receiving federally
with the purpose of this title, programs specifically designed to apply
donated foods from the United States Department of Agriculture for use
the resources of higher education to the problems of the elderly, par-
in the preparation of such meals; (2) is operated in a manner consistent
ticularly with regard to transportation and housing problems of elderly
with the purposes of this Act; and (3) is recognized as a tax exempt
persons living in rural and isolated areas.
organization by the Internal Revenue Service: Provided, That household
(b) For purposes of making grants under this section, there are
members or elderly persons to whom meals are delivered are house-
authorized to be appropriated such sums as may be necessary for the
bound, feeble, physically handicapped, or otherwise disabled, to the
fiscal year ending June 30, 1973, and each succeeding fiscal year ending
extent that they are unable to adequately prepare all of their meals.
prior to July 1, 1977.
Meals served pursuant to this subsection shall be deemed "food" for
the purposes of this Act.
(c) In carrying out the program authorized by this section, the Com-
missioner shall consult with the Commissioner of the Administration on
NOTE: The foregoing provisions of subsection (h) were added by
Aging for the purpose of coordinating, where practicable, the programs
P.L. 91-671 (Jan. 11, 1971). The following provisions were added to
assisted under this section with the programs assisted under the Older
this subsection by P.L. 93-86 (Aug. 10, 1973).
Americans Act of 1965.
Subject to such terms and conditions as may be prescribed by the
Secretary, in the regulations issued pursuant to this Act, members of an
eligible household who are sixty years of age or over or elderly persons
and their spouses may also use coupons issued to them to purchase
meals prepared by senior citizens' centers, apartment buildings occupied
1 The 1973 Amendments (P.L. 93-29), sec. 803, added sec. 110.
92
93
HOUSING AND COMMUNITY DEVELOPMENT ACT
REVISION OF SECTION 202 PROGRAM FOR ELDERLY AND
HANDICAPPED
OF 1974
SEC. 210. (a) Section 202(a)(3) of the Housing Act of 1959 is
(P.L. 93-383, Aug. 22, 1974)
amended by
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*
(c) Section 202 of such Act is further amended by adding at the
COMMUNITY DEVELOPMENT PROGRAM ACTIVITIES ELIGIBLE FOR
ASSISTANCE
end thereof the following new subsection:
"(f) In carrying out the provisions of this section, the Secretary shall
SEC. 105. (a) A Community Development Program assisted under
seek to assure, pursuant to applicable regulations, that housing and re-
this title may include only-
lated facilities assisted under this section will be in appropriate support
(1)
of, and supported by, applicable State and local plans which respond to
Federal program requirements by providing an assured range of neces-
*
*
*
sary services for individuals occupying such housing (which services may
(2) the acquisition, construction, reconstruction, or installation of
include, among others, health, continuing education, welfare, informa-
public works, facilities, and site or other improvements-including neigh-
tional, recreational, homemaker, counseling, and referral services, trans-
borhood facilities, senior centers,¹ historic properties, utilities, streets,
portation where necessary to facilitate access to social services, and
street lights, water and sewer facilities, foundations and platforms for
services designed to encourage and assist recipients to use the services
air rights sites, pedestrian malls and walkways, and parks, playgrounds,
and facilities available to them), including plans approved by the Secre-
and recreation facilities, flood and drainage facilities in cases where
tary of Health, Education, and Welfare pursuant to section 134 of the
assistance for such facilities under other Federal laws or programs is
Mental Retardation Facilities and Community Mental Health Center
determined to be unavailable, and parking facilities, solid waste disposal
Construction Act of 1963 or pursuant to title III of the Older Americans
Act of 1965."
facilities, and fire protection services and facilities which are located in
or which serve designated community development areas;
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THE LIBRARY SERVICES AND CONSTRUCTION ACT
LOW-INCOME HOUSING FOR THE ELDERLY OR HANDICAPPED
(P.L. 597, 84th Congress)
SEC. 209. The Secretary shall consult with the Secretary of Health,
*
*
*
Education, and Welfare to insure that special projects for the elderly
or the handicapped authorized pursuant to United States Housing Act
AUTHORIZATIONS OF APPROPRIATIONS
of 1937 shall meet acceptable standards of design and shall provide
quality services and management consistent with the needs of the occu-
SEC. 4. (a) For the purpose of carrying out the provisions of this Act
pants. Such projects shall be specifically designed and equipped with
the following sums are authorized to be appropriated:
such "related facilities" (as defined in section 202(d)(8) of the Housing
(1) For the purpose of making grants to States for library services as
Act of 1959) as may be necessary to accommodate the special environ-
provided in title I, there are authorized to be appropriated $112,000,000
mental needs of the intended occupants and shall be in support of and
for the fiscal year ending June 30, 1972, $117,600,000 for the fiscal
supported by the applicable State plans for comprehensive services pur-
year ending June 30, 1973, $123,500,000 for the fiscal year ending
suant to section 134 of the Mental Retardation Facilities and Commun-
June 30, 1974, $129,675,000 for the fiscal year ending June 30, 1975,
ity Mental Health Center Construction Act of 1963 or State and area
and $137,150,000 for the fiscal year ending June 30, 1976.
plans pursuant to title III of the Older Americans Act of 1965.1
1 Emphasis added.
1 Emphasis supplied.
94
95
(2) For the purpose of making grants to States for public library con-
(B) with respect to appropriations for the purposes of title II, $100,-
struction, as provided in title II, there are authorized to be appropriated
000 for each State, except that it shall be $20,000 in the case of Guam,
$80,000,000 for the fiscal year ending June 30, 1972, $84,000,000 for
American Samoa, the Virgin Islands, and the Trust Territory of the
the fiscal year ending June 30, 1973, $88,000,000 for the fiscal year
Pacific Islands;
ending June 30, 1974, $92,500,000 for the fiscal year ending June 30,
(C) with respect to appropriations for the purposes of title III,
1975, and $97,000,000 for the fiscal year ending June 30, 1976.
$40,000 for each State, except that it shall be $10,000 in the case of
(3) For the purpose of making grants to States to enable them to
Guam, American Samoa, the Virgin Islands, and the Trust Territory of
carry out interlibrary cooperation programs authorized by title III, there
the Pacific Islands; and
are hereby authorized to be appropriated $15,000,000 for the fiscal year
(D) with respect to appropriations for the purposes of title IV,
ending June 30, 1972, $15,750,000 for the fiscal year ending June 30,
$40,000 for each State, except that it shall be $10,000 in the case of
1973, $16,500,000 for the fiscal year ending June 30, 1974, $17,300,-
Guam, American Samoa, the Virgin Islands, and the Trust Territory of
000 for the fiscal year ending June 30, 1975, and $18,200,000 for the
the Pacific Islands.
fiscal year ending June 30, 1976.
If the sums appropriated pursuant to paragraph (1), (2), (3), or (4)
(4) 1 For the purpose of making grants to States to enable them to
of section 4(a) for any fiscal year are insufficient to fully satisfy the
carry out public library service programs for older persons authorized
aggregate of the minimum allotments for that purpose, each of such
by title IV, there are authorized to be appropriated such sums as may
minimum allotments shall be reduced ratably.
be necessary for the fiscal year ending June 30, 1973, the fiscal year
ending June 30, 1974, the fiscal year ending June 30, 1975, and the
(4) The population of each State and of all the States shall be de-
fiscal year ending June 30, 1976.
termined by the Commissioner on the basis of the most recent satisfac-
tory data available to him.
(5) There is hereby authorized for the purpose of evaluation (directly
or by grants or contracts) of programs authorized by this Act, such
ALLOTMENTS TO STATES
sums as Congress may deem necessary for any fiscal year.
(b) The amount of any State's allotment under subsection (a) for
SEC. 5. (a) (1) From the sums appropriated pursuant to paragraph
any fiscal year from any appropriation made pursuant to paragraph (1),
(1), (2), (3), or (4) of section 4(a) for any fiscal year, the Commis-
(2), (3), or (4) of section 4(a) which the Commissioner deems will
sioner shall allot the minimum allotment, as determined under para-
not be required for the period and the purpose for which such allotment
graph (3) of this subsection, to each State. Any sums remaining after
is available for carrying out the State's annual program shall be available
minimum allotments have been made shall be allotted in the manner set
for reallotment from time to time on such dates during such year as the
forth in paragraph (2) of this subsection.
Commissioner shall fix. Such amount shall be available for reallotment
(2) From the remainder of any sums appropriated pursuant to para-
to other States in proportion to the original allotments for such year to
graph (1), (2), (3) or (4) of section 4(a) for any fiscal year, the
such States under subsection (a) but with such proportionate amount
Commissioner shall allot to each State such part of such remainder as
for any of such other State being reduced to the extent that it exceeds
the population of the States bears to the population of all the States.
the amount which the Commissioner estimates the State needs and will
(3) For the purposes of this subsection, the "minimum allotment"
be able to use for such period of time for which the original allotments
were made and the total of such reductions shall be similarly reallotted
shall be-
among the States not suffering such a reduction. Any amount reallotted
(A) with respect to appropriations for the purposes of title I,
to a State under this subsection for any fiscal year shall be deemed to be
$200,000 for each State, except that it shall be $40,000 in the case of
a part of its allotment for such year pursuant to subsection (a).
Guam, American Samoa, the Virgin Islands, and the Trust Territory of
the Pacific Islands;
1 The 1973 Amendments (P.L. 93-29), sec. 801(b), added paragraph
2 The 1973 Amendments (P.L. 93-29), sec. 801(c)(3) added subpara-
(4).
graph (D).
96
97
STATE PLANS AND PROGRAMS
(b) (1) For the purpose of this section, the "Federal share" for any
State shall be, except as is provided otherwise in title III and title IV,
SEC. 6. (a) Any State desiring to receive its allotment for any pur-
100 per centum less the State percentage, and the State percentage
pose under this Act for any fiscal year shall (1) have in effect for such
shall be that percentage which bears the same ratio to 50 per centum as
fiscal year a basic State plan as defined in section 3(11) and meeting
the per capital income of such State bears to the per capita income of
the requirements set forth in subsection (b), (2) submit an annual
all the States (excluding Puerto Rico, Guam, American Samoa, the
program as defined in section 3(13) for the purposes for which allot-
Virgin Islands, and the Trust Territory of the Pacific Islands), except
ments are desired, meeting the appropriate requirements set forth in
that (A) the Federal share shall in no case be more than 66 per centum,
titles I, II, III and IV, and shall submit (no later than July 1, 1972)
or less than 33 per centum, and (B) the Federal share for Puerto Rico,
a long-range program as defined in section 3(12) for carrying out the
Guam, American Samoa, and the Virgin Islands shall be 66 per centum,
purposes of this Act as specified in subsection (d), and (3) establish a
and (C) the Federal share for the Trust Territory of the Pacific Islands
State Advisory Council on Libraries which meets the requirements of
shall be 100 per centum.
section 3(8).
TITLE VI-OLDER READERS SERVICES
PAYMENTS TO STATES
SEC. 7. (a) From the allotments available therefor under section 5
GRANTS TO STATES FOR OLDER READERS SERVICES
from appropriations pursuant to paragraphs (1), (2), (3), or (4) of
sections 4(a), the Commissioner shall pay to each State which has a
SEC. 401. The Commissioner shall carry out a program of making
basic State plan approved under section 6(a)(1), an annual program
grants to States which have an approved basic State plan under section
and a long-range program as defined in sections 3 (12) and (13) an
6 and have submitted a long-range program and an annual program
amount equal to the Federal share of the total sums expended by the
under section 403 for library services for older persons.
State and its political subdivisions in carrying out such plan, except that
no payments shall be made from appropriations pursuant to such para-
USES OF FEDERAL FUNDS
graph (1) for the purposes of title I to any State (other than the Trust
Territory of the Pacific Islands) for any fiscal year unless the Com-
SEC. 402. (a) Funds appropriated pursuant to paragraph (4) of sec-
missioner determines that-
tion 4(a) shall be available for grants to States from allotments under
(1) there will be available for expenditure under the programs from
section 5(a) for the purpose of carrying out the Federal share of the
State and local sources during the fiscal year for which the allotment is
cost of carrying out State plans submitted and approved under section
403. Such grants shall be used for (1) the training of librarians to work
made-
with the elderly; (2) the conduct of special library programs for the
(A) sums sufficient to enable the State to receive for the purpose of
elderly; (3) the purchase of special library materials for use by the
carrying out the programs payments in an amount not less than the
elderly; (4) the payment of salaries for elderly persons who wish to
minimum allotment for that State for the purpose, and
work in libraries as assistants on programs for the elderly; (5) the
(B) not less than the total amount actually expended, in the areas
provision of in-home visits by librarians and other library personnel to
covered by the programs for such year, for the purposes of such pro-
the elderly; (6) the establishment of outreach programs to notify the
grams from such sources in the second preceding fiscal year; and
elderly of library services available to them; and (7) the furnishing of
transportation to enable the elderly to have access to library services.
(2) there will be available for expenditure for the purposes of the
programs from State sources during the fiscal year for which the allot-
ment is made not less than the total amount actually expended for such
purposes from such sources in the second preceding fiscal year.
3 The 1973 Amendments (P.L. 93-29), sec. 801(a), added Title IV.
99
98
(b) For the purposes of this title, the Federal share shall be 100
(10) transportation in connection with the rendering of any voca-
per centum of the cost of carrying out the State plan.
tional rehabilitation service; and
STATE ANNUAL PROGRAM FOR LIBRARY SERVICES
FOR THE ELDERLY
SEC. 403. Any State desiring to receive a grant from its allotment
SPECIAL PROJECTS AND DEMONSTRATIONS
for the purposes of this title for any fiscal year shall, in addition to
having submitted, and having had approved, a basic State plan under
SEC. 304. (a) (1) For the purpose of making grants under this sec-
section 6, submit for that fiscal year an annual program for library
tion for special projects and demonstrations (and research and evalu-
services for older persons. Such program shall be submitted at such
ation connected therewith), there is authorized to be appropriated
time, in such form, and contain such information as the Commissioner
$15,000,000 for the fiscal year ending June 30, 1974, and $17,000,000
may require by regulation and shall-
for the fiscal year ending June 30, 1975; and there is further authorized
to be appropriated for such purposes for each such year such additional
(1) set forth a program for the year submitted under which funds
sums as the Congress may determine to be necessary.
paid to the State from appropriations pursuant to paragraph (4) of
section 4(a) will be used, consistent with its long-range program for the
purposes set forth in section 402, and
(2) include an extension of the long-range program taking into
(b) The Secretary, subject to the provisions of section 306, shall
consideration the results of evaluations.
make grants to States and public or nonprofit agencies and organizations
for paying part or all of the cost of special projects and demonstrations
COORDINATION WITH PROGRAMS FOR OLDER AMERICANS
(and research and evaluation in connection therewith) (1) for estab-
lishing programs and facilities for providing vocational rehabilitation
SEC. 404. In carrying out the program authorized by this title, the
services which hold promise of expanding or otherwise improving reha-
Commissioner shall consult with the Commissioner of the Administra-
bilitation services to handicapped individuals (especially those with the
tion on Aging and the Director of ACTION for the purpose of coordi-
most severe handicaps) including individuals with spinal cord injuries,
nating where practicable, the programs assisted under this title with the
older blind individuals,² and deaf individuals, whose maximum voca-
programs assisted under the Older Americans Act of 1965.
tional potential has not been reached.
NONDISCRIMINATION UNDER FEDERAL GRANTS
SEC. 504. No otherwise qualified handicapped individual in the United
States, as defined in section 7(6), shall, solely by reason of his handi-
REHABILITATION ACT OF 1973
cap, be excluded from the participation in, be denied the benefits of, or
(P.L. 93-112, Sept. 26, 1973)
be subjected to discrimination under any program or activity receiving
Federal financial assistance.
SCOPE OF VOCATIONAL REHABILITATION SERVICES
1 Sec. 304(d) of the Older Americans Act provides for cooperative trans-
SEC. 103. (a) Vocational rehabilitation services provided under this
portation arrangements between Area Agencies on Aging and Rehabili-
Act are any goods or services necessary to render a handicapped indi-
tation agencies for providing transportation services. See footnote 20,
vidual employable, including, but not limited to, the following:
p. 24.
2 Emphasis supplied.
100
101
plementary payment and are eligible for medical assistance equal in
amount, duration, and scope to the medical assistance made available
SOCIAL SECURITY ACT, AS AMENDED
to individuals described in section 1902(a) (10) (A) not receiving aid
or assistance under any plan of the State approved under title I, X,
*
*
XIV, or XVI, or part A of title IV, and with respect to whom supple-
TITLE XIX ¹-GRANTS TO STATES FOR MEDICAL
mental security income benefits are not being paid under title XVI,
who are
ASSISTANCE PROGRAMS
(i) under the age of 21,
APPROPRIATION
(ii) relatives specified in section 406(b) (1) with whom a child
is living if such child, except for section 406(a)(2), is (or would, if
SEC. 1901. For the purpose of enabling each State, as far as prac-
ticable under the conditions in such State, to furnish (1) medical assist-
needy, be) a dependent child under part A of title IV,
(iii) 65 years of age or older,
ance on behalf of families with dependent children and of aged, blind,
or disabled individuals, whose income and resources are insufficient to
(iv) blind, with respect to States eligible to participate in the State
meet the cost of necessary medical services, and (2) rehabilitation and
plan program established under title XVI,
other services to help such families and individuals attain or retain cap-
ability for independence or self-care, there is hereby authorized to be
(v) 18 years of age or older and permanently and totally disabled,
with respect to States eligible to participate in the State plan program
appropriated for each fiscal year a sum sufficient to carry out the pur-
established under title XVI,
poses of this title. The sums made available under this section shall be
used for making payments to States which have submitted, and had
(vi) persons essential (as described in the second sentence of this
approved by the Secretary of Health, Education, and Welfare, State
subsection) to individuals receiving aid or assistance under State plans
plans for medical assistance.
approved under title I, X, XIV, or XVI, or
(vii) blind or disabled as defined in section 1614, with respect to
STATE PLANS FOR MEDICAL ASSISTANCE
States not eligible to participate in the State plan program established
under title XVI,
SEC. 1902. (a) A State plan for medical assistance must-
but whose income and resources are insufficient to meet all of such
*
cost-
(29) include a State program which meets the requirements set forth
(1) inpatient hospital services (other than services in an institution
in section 1908, for the licensing of administrators of nursing homes;
for tuberculosis or mental diseases);
(2) outpatient hospital services;
*
(3) other laboratory and X-ray services;
DEFINITIONS
(4) (A) skilled nursing facility services (other than services in an
SEC. 1905. For purposes of this title-
institution for tuberculosis or mental diseases)
(a) The term "medical assistance" means payment of part or all
(5) physicians' services furnished by a physician
whether fur-
of the cost of the following care and services
for individuals, and,
nished in the office, the patient's home, a hospital, or a skilled nursing
with respect to physicians' or dentists' services, at the option of the
facility, or elsewhere;
State, to individuals (other than individuals with respect to whom there
is being paid, or who are eligible, or would be eligible if they were not
(6) medical care, or any other type of remedial care recognized
in a medical institution, to have paid with respect to them a State sup-
under State law, furnished by licensed practitioners within the scope of
their practice as defined by State law;
(7) home health care services;
1 Title XIX was added to the Social Security Act by the Social Security
Amendments of 1965 (P.L. 89-97, July 30, 1965).
(8) private duty nursing services;
102
103
(9) clinic services;
TITLE XX-GRANTS TO STATES FOR SERVICES ³
(10) dental services;
APPROPRIATION AUTHORIZED
(11) physical therapy and related services;
SEC. 2001. For the purpose of encouraging each State, as far prac-
(12) prescribed drugs, dentures, and prosthetic devices; and eye-
ticable under the conditions in that State, to furnish services directed
glasses prescribed by a physician skilled in diseases of the eye or by an
at the goal of-
optometrist, whichever the individual may select;
(1) achieving or maintaining economic self-support to prevent, re-
(13) other diagnostic, screening, preventive, and rehabilitative serv-
duce, or eliminate dependency,
ices;
(2) achieving or maintaining self-sufficiency, including reduction or
(14) inpatient hospital services, skilled nursing facility services, and
prevention of dependency,
intermediate care facility services for individuals 65 years of age or over
in an institution for tuberculosis or mental diseases;
(3) preventing or remedying neglect, abuse, or exploitation of chil-
dren and adults unable to protect their own interests, or preserving,
(15) intermediate care facility services (other than such services in
rehabilitating, or reuniting families,
an institution for tuberculosis or mental diseases) for individuals who
are determined, in accordance with section 1902(a) (31) (A), to be in
(4) preventing or reducing inappropriate institutional care by pro-
need of such care;
viding for community-based care, home-based care, or other forms of
less intensive care, or
(5) securing referral or admission for institutional care when other
forms of care are not appropriate, or providing services to individuals
in institutions,
(17) any other medical care, and any other type of remedial care
recognized under State law, specified by the Secretary; 2
there is authorized to be appropriated for each fiscal year a sum suffi-
cient to carry out the purposes of this title. The sums made available
under this section shall be used for making payments to States under
section 2002.
2 Regulations (45 CFR 249.10(b)(17)) define the type of care and serv-
(Continued from previous page)
ices for which Federal financial participation is available under para-
care, while receiving medical care, and returning from a medical resource;
graph (17). The following excerpt is pertinent:
and the cost of an attendant to accompany him, if medically or other-
"(b) Federal financial participation. Subject to the limitations in para-
wise necessary. The cost of an attendant may include transportation,
graph (c) of this section, Federal financial participation is available in
meals, lodging, and salary of the attendant, except that no salary may
expenditures for medical or remedial care and services under the State
be paid a member of the patient's family.
plan which meet the following definitions:
"(B) Transportation as defined in paragraph (b)(17)(i)(A) of this sec-
*
*
tion is recognized as an item of medical assistance only when furnished
"(17) Any other medical care and any other type of remedial care rec-
by a provider to whom a direct vendor payment can appropriately be
ognized under State law and specified by the Secretary.-This term in-
made by the agency. When other arrangements are made to satisfy the
cludes the following items in those States in which they are recognized
requirement in paragraph (a)(5) of this section, Federal financial partici-
under State law and under the circumstances, and to the extent to which,
pation is available as an administrative cost.
they are so recognized:
*
*
"(i)(A) Transportation, including expenses for transportation and other
SEC. 304(d) of the Older Americans Act provides for cooperative trans-
related travel expenses, necessary to securing medical examinations and/
portation arrangements between Area Agencies on Aging and Medicaid
or treatment when determined by the agency to be necessary in the in-
agencies for providing transportation services. See footnote 21, p. 24.
dividual case. "Travel expenses" include the cost of transportation for
the individual by ambulance, taxicab, common carrier or other appro-
3 Title XX was added to the Social Security Act by the Social Security
priate means; the cost of outside meals and lodging en route to medical
Amendments of 1974 (P.L. 93-647, Jan. 4, 1975).
104
105
PAYMENTS TO STATES
PROGRAM REPORTING
SEC. 2002. (a) (1) From the sums appropriated therefor, the Sec-
SEC. 2003. (a)
retary shall, subject to the provisions of this section and section 2003,
*
*
pay to each State, for each quarter, an amount equal to 90 per centum
of the total expenditures during that quarter for the provision of fam-
(d) (1) Each State which participates in the program established by
ily planning services and 75 per centum of the total expenditures during
this title shall have a plan applicable to its program for the provision of
the services described in section 2002(a) (1) which—
that quarter for the provision of other services directed at the goal of-
(A) provides that an opportunity for a fair hearing before the appro-
(A) achieving or maintaining economic self-support to prevent, re-
priate State agency will be granted to any individual whose claim for any
duce, or eliminate dependency,
service described in section 2002(a)(1) is denied or is not acted upon
(B) achieving or maintaining self-sufficiency, including reduction or
with reasonable promptness;
prevention of dependency,
(B) provides that the use or disclosure of information obtained in
(C) preventing or remedying neglect, abuse, or exploitation of chil-
connection with administration of the State's program for the provision
dren and adults unable to protect their own interests, or preserving,
of the services described in section 2002(a) (1) concerning applicants
rehabilitating, or reuniting families,
for and recipients of those services will be restricted to purposes directly
connected with the administration of that program, the plan of the State
(D) preventing or reducing inappropriate institutional care by pro-
approved under part A of title IV, the plan of the State developed under
viding for community-based care, home-based care, or other forms of
part B of that title, the supplemental security income program estab-
less intensive care, or
lished by title XVI, or the plan of the State approved under title XIX;
(E) securing referral or admission for institutional care when other
(C) provides for the designation, by the chief executive officer of
forms or care are not appropriate, or providing services to individuals in
the State or as otherwise provided by the laws of the State, of an appro-
institutions,
priate agency which will administer or supervise the administration of
including expenditures for administration (including planning and evalua-
the State's program for the provision of the services described in section
tion) and personnel training and retraining directly related to the provision
2002(a) (1);
of those services (including both short- and long-term training at educa-
(D) provides that the State will, in the administration of its program
tional institutions through grants to such institutions or by direct financial
for the provision of the services described in section 2002(a) (1), use
assistance to students enrolled in such institutions). Services that are
such methods relating to the establishment and maintenance of person-
directed at these goals include, but are not limited to, child care services,
nel standards on a merit basis as are found by the Secretary to be neces-
protective services for children and adults, services for children and
sary for the proper and efficient operation of the program, except that
adults in foster care, services related to the management and mainte-
the Secretary shall exercise no authority with respect to the selection,
nance of the home, day care services for adults, transportation services,⁴
tenure of office, or compensation of any individual employed in accord-
training and related services, employment services, information, referral,
ance with such methods;
and counseling services, the preparation and delivery of meals, health
(E) provides that no durational residency or citizenship requirement
support services and appropriate combinations of services designed to
meet the special needs of children, the aged, the mentally retarded, the
will be imposed as a condition to participation in the program of the
blind, the emotionally disturbed, the physically handicapped, and alco-
State for the provision of the services described in section 2002(a) (1);
holics and drug addicts.
(F) provides, if the State program for the provision of the services
described in section 2002(a) (1) includes services to individuals living
*
*
*
in institutions or foster homes, for the establishment or designation of a
State authority or authorities which shall be responsible for establishing
and maintaining standards for such institutions or homes which are
4 Sec. 304(d) of the Older Americans Act provides for cooperative trans-
reasonably in accord with recommended standards of national organiza-
portation arrangements between Area Agencies on Aging and agencies
tions concerned with standards for such institutions or homes, including
administering the Social Security Act's Title XX for providing transpor-
standards related to admissions policies, safety, sanitation, and protection
tation services. See footnote 22, p. 24.
of civil rights;
106
107
*
*
(H) provides that the State's program for the provision of the services
and the nature and amount of the services to be provided in each area,
described in section 2002(a) (1) will be in effect in all political subdivi-
(E) a description of the planning, evaluation, and reporting activ-
sions of the State; and
ities to be carried out under the program,
(I) provides for financial participation by the State in the provision
(F) the sources of the resources to be used to carry out the program,
of the services described in section 2002(a) (1).
(G) a description of the organizational structure through which the
program will be administered, including the extent to which public
and private agencies and volunteers will be utilized in the provision of
SERVICES PROGRAM PLANNING
services,
SEC. 2004. A State's services program planning meets the require-
(H) a description of how the provision of services under the pro-
ments of this section if, for the purpose of assuring public participation
gram will be coordinated with the plan of the State approved under
in the development of the program for the provision of the services
part A of title IV, the plan of the State developed under part B of that
described in section 2002(a)(1) within the State-
title, the supplemental security income program established by title XVI,
(1) the beginning of the fiscal year of either the Federal Government
the plan of the State approved under title XIX, and other programs for
or the State government is established as the beginning of the State's
the provision of related human services within the State, including the
steps taken to assure maximum feasible utilization of services under
services program year; and
these programs to meet the needs of the low income population,⁵
(2) at least ninety days prior to the beginning of the State's services
program year, the chief executive officer of the State, or such other
(I) the estimated expenditures under the program, including esti-
official as the laws of the State provide, publishes and makes generally
mated expenditures with respect to each of the services to be provided,
available (as defined in regulations prescribed by the Secretary after
each of the categories of individuals to whom those services are to be
consideration of State laws governing notice of actions by public officials)
provided, and each of the geographic areas in which those services are
to be provided, and a comparison between estimated non-Federal ex-
to the public a proposed comprehensive annual services program plan
penditures under the program and non-Federal expenditures for the
prepared by the agency designated pursuant to the requirements of
provision of the services described in section 2002(a) (1) in the State
section 2003 (1) (C) and, unless the laws of the State provide other-
during the preceding services program year, and
wise, approved by the chief executive officer, which sets forth the State's
plan for the provision of the services described in section 2002 (1)
(J) a description of the steps taken, or to be taken, to assure that
the needs of all residents of, and all geographic areas in, the State were
during that year, including-
taken into account in the development of the plan; and
(A) the objectives to be achieved under the program,
(3) public comment on the proposed plan is accepted for a period
(B) the services to be provided under the program, including at least
of at least forty-five days; and
one service directed at at least one of the goals in each of the five cate-
gories of goals set forth in section 2002(a)(1) (as determined by the
(4) at least forty-five days after publication of the proposed plan
State) and including at least three types of services (selected by the
and prior to the beginning of the State's services program year, the chief
State) for individuals who are recipients of supplemental security income
executive officer of the State, or such other official as the laws of the
benefits under title XVI and who are in need of such services, together
State provide, publishes a final comprehensive annual services program
with a definition of those services and a description of their relationship
plan prepared by the agency designed pursuant to the requirements of
to the objectives to be achieved under the program and the goals de-
section 2003(d) (1) (C) and, unless the laws of the State provide other-
scribed in section 2002(a) (1),
wise, approved by the chief executive officer, which sets forth the same
information required to be included in the proposed plan, together with
(C) the categories of individuals to whom those services are to be
an explanation of the differences between the proposed and final plan
provided, including any categories based on the income of individuals
and the reasons therefor;
or their families,
*
(D) the geographic areas in which those services are to be provided,
5 Emphasis supplied.
108
109
URBAN MASS TRANSPORTATION ACT OF 1964,
to utilize mass transportation facilities and services; that special efforts
AS AMENDED
shall be made in the planning and design of mass transportation facili-
(P.L. 88-365, July 9, 1964)
ties and services so that the availability to elderly and handicapped per-
sons of mass transportation which they can effectively utilize will be
assured; and that all Federal programs offering assistance in the field of
mass transportation (including the programs under this Act) should
URBAN MASS TRANSIT PROGRAM
contain provisions implementing this policy.
(b) 3 In addition to the grants and loans otherwise provided for under
SEC. 5. (a)
this Act, the Secretary is authorized to make grants and loans—
(1) to States and local public bodies and agencies thereof for the
specific purpose of assisting them in providing mass transportation
(b) (1) The Secretary shall apportion for expenditure in fiscal years
services which are planned, designed, and carried out so as to meet the
1975 through 1980 the sums authorized by subsection (c). Such sums
special needs of elderly and handicapped persons, with such grants and
shall be made available for expenditures in urbanized areas or parts
loans being subject to all of the terms, conditions, requirements, and
thereof
provisions applicable to grants and loans made under section 3(a) and
being considered for the purposes of all other laws to have been made
under such section; and
*
(2) to private nonprofit corporations and associations for the specific
(m) 1 The Secretary shall not approve any project under this section
purpose of assisting them in providing transportation services meeting
unless the applicant agrees and gives satisfactory assurances, in such
the special needs of elderly and handicapped persons for whom mass
manner and form as may be required by the Secretary and in accord-
transportation services planned, designed, and carried out under para-
ance with such terms and conditions as the Secretary may prescribe,
graph (1) are unavailable, insufficient, or inappropriate, with such
that the rates charged elderly and handicapped persons during nonpeak
grants and loans being subject to such terms, conditions, requirements,
hours for transportation utilizing or involving the facilities and equip-
and provisions (similar insofar as may be appropriate to those applicable
ment of the project financed with assistance under this section will not
to grants and loans under paragraph (1)) as the Secretary may deter-
exceed one-half of the rates generally applicable to other persons at
mine to be necessary or appropriate for purposes of this paragraph.
peak hours, whether the operation of such facilities and equipment is
by the applicant or is by another entity under lease or otherwise.
Of the total amount of the obligations which the Secretary is author-
ized to incur on behalf of the United States under the first sentence of
section 4(c), 2 per centum may be set aside and used exclusively to
finance the programs and activities authorized by this subsection (in-
cluding administrative costs).
PLANNING AND DESIGN OF MASS TRANSPORTATION FACILITIES TO
MEET SPECIAL NEEDS OF THE ELDERLY AND THE HANDICAPPED
(c) Of any amounts made available to finance research, development,
and demonstration projects under section 6 after the date of the enact-
SEC. 16 ² (a) It is hereby declared to be the national policy that
ment of this section, 1½ per centum may be set aside and used exclu-
elderly and handicapped persons have the same right as other persons
sively to increase the information and technology which is available to
provide improved transportation facilities and services planned and
1 The "National Mass Transportation Assistance Act of 1974" (P.L. 93-
designed to meet the special needs of elderly and handicapped persons.
503, Nov. 26, 1974), sec. 103, revised sec. 5 of the Urban Mass Trans-
portation Act of 1964, as Amended, including the addition of the new
subsection (m).
2 Sec. 16 was added to the Urban Mass Transportation Act of 1964 by
Sec. 8 of the Urban Mass Transportation Assistance Act of 1970, P.L.
3 Subsection (b) of Sec. 16 was revised by Sec. 301(g) of the Federal
91-453 (Oct. 15, 1970).
Highway Act of 1973, P.L. 93-87 (Aug. 13, 1973).
111
110
VOCATIONAL EDUCATION ACT OF 1963
PART F-CONSUMER AND HOMEMAKING EDUCATION
AUTHORIZATION
SEC. 161. (a) (1) There are hereby authorized to be appropriated
(b) For purposes of this part the State plan approved under section
123 shall set forth a program under which Federal funds paid to a State
from its allotment under subsection (a) will be expended solely for (1)
educational programs which (A) encourage home economics to give
greater consideration to social and cultural conditions and needs, espe-
cially in economically depressed areas, (B) encourage preparation for
professional leadership, (C) are designed to prepare youths and adults
for the role of homemaker, or to contribute to the employability of such
youths and adults in the dual role of homemaker and wage earner, (D)
include consumer education programs including promotion of nutritional
knowledge and food use and the understanding of the economic aspects
of food use and purchase, and (E) are designed for persons who have
entered, or are preparing to enter, the work of the home, and (2)
ancillary services, activities and other means of assuring quality in all
homemaking education programs, such as teacher training and super-
vision, curriculum development research, program evaluation, special
demonstration and experimental programs, development of instructional
materials, provision of equipment, and State administration and leader-
ship.
(d) (1) At least one-third of the Federal funds made available under
this section shall be used in economically depressed areas or areas with
high rates of unemployment for programs designed to assist consumers
and to help improve home environments and the quality of family life.
(2) From funds made available under this section, special consid-
eration shall be given to special consumer and homemaking programs
for persons aged sixty or older who are in need of services provided
by such programs, as determined by the Commissioner. Such programs
shall be designed to assist such persons to live independently in their
own homes and to alleviate the adverse effects of loneliness and isola-
tion.¹
1 The 1975 Amendments (P.L. 94-135), sec. 204, added paragraph (2).
112
VOCATIONAL
EDUCATION
ACT
OF
1963
3
be
(b) For the section
123 progrem funds to
from
(1)
(1)
(A) to
to
poods,
dealy for
leadership, (C) on to and
for the of housemaker, or to the of
in the of and wase (D)
CT
use
the
of
the
of
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For sale by the Superintendent of Documents, U.S. Government Printing Office
Washington, D.C. 20402 - Price $1.45
DEPARTMENT OF
HEALTH, EDUCATION, AND WELFARE
WASHINGTON, D.C. 20201
OFFICIAL BUSINESS
U.S.MAIL
POSTAGE AND
FEES PAID
HEW-391
Ms. Sarah Messengale OSCP-3
Domestic Council Staff
Room 220, E OB
17th & Peun. Ave. N.W.
Washington, D.C.
DHEW Publication No. (OHD) 76-20170
FOR IMMEDIATE RELEASE
NOVEMBER 28, 1975
Office of the White House Press Secretary
THE WHITE HOUSE
STATEMENT BY THE PRESIDENT
I have given my approval today to H.R. 3922, "Older
Americans Amendments of 1975.
Ten years ago, as a member of the House of Representatives,
I voted for the Older Americans Act when it was enacted by
the Congress. I also voted for subsequent amendments to the
act. I am pleased now to give my approval to this bill which
amends the act and extends it for three years. These latest
amendments were the result of ten years of experiences in
administering the act.
Incorporated in the Older Americans Act, as amended,
are certain principles to guide the administration of the
act:
Emphasis will be placed on making services available
which will enable older persons to live at home as long
as possible.
Community leaders who best know the needs of their own
areas will determine the services for older persons
to be started or strengthened.
The needs of low income, older persons, including
minorities, will be given priority in use of Federal
funds.
Efforts will be made to enlist volunteers from all
age groups to assist in serving older persons.
The resources now available to meet the needs of older
persons will continue to be coordinated through programs
administered by a number of Federal departments and
agencies.
Emphasis will be placed on opening opportunities for
older persons to continue to participate constructively
in the life of our nation.
I endorse the concept of the Older Americans Act which
establishes a system to deliver coordinated comprehensive
services at the community level and which is designed to
enable older persons to live independent lives in their
own residences and to participate in the life of their
community.
There are, however, provisions of this act with which
I disagree. The provisions concerned with age discrimination
on the part of all Federal grantees have been modified to
meet many, but not all, objections. The delineation of what
constitutes unreasonable age discrimination is so imprecise
that it gives little guidance in the development of regula-
tions to prohibit such discrimination. Also, the provisions
more
GERALD FORD VIBRARY
2
raise a question on the extent to which the Federal Government
should seek to regulate private activity, particularly without
holding hearings to permit affected persons and institutions
to be heard.
The bill does provide, however, for study of the problems
of age discrimination by the Commission on Civil Rights, and
allows for these issues to be discussed thoroughly. I urge
the Congress to reconsider these problems.
At a time when we are struggling to restrain growth in
the Federal budget, I am not pleased to see the high authoriza..
tion levels included in this bill. The authorization for
social service programs for fiscal year 1976, for example, is
almost twice that of my budget request. I am confident the
members of the Congress share my concern about the impact of
inflation on the elderly. I look forward to working with
the Congress in determining appropriations levels for this
act which will be adequate, equitable and not inflationary.
#
#
#
#
TALKING POINTS:
SIGNING OF "OLDER AMERICANS AMENDMENTS OF 1975"
FRIDAY, NOVEMBER 28, 1975
GERATO FORD LIBRARY
- 1 -
1. I AM TODAY SIGNING H.R. 3922 WHICH AMENDS AND
EXTENDS THE OLDER AMERICANS ACT FOR THREE YEARS.
AS A MEMBER OF THE HOUSE OF REPRESENTATIVES, I SUPPORTED
THE OLDER AMERICANS ACT, WHEN IT FIRST WAS ENACTED TEN YEARS
AGO.
I SUPPORTED SUBSEQUENT AMENDMENTS TO IT.
- 2 -
THESE LATEST REVISIONS ARE THE RESULT OF TEN YEARS OF EXPERIENCE
IN TRYING TO EASE THE DIFFICULT BURDENS OF FAR TOO MANY
ELDERLY AMERICANS.
- 3 -
2. DESPITE SOME OBJECTIONS TO CERTAIN PROVISIONS
OF THIS BILL, I AGREE WITH THE BASIC CONCEPTS OF THE AMENDED
OLDER AMERICANS ACT TO COORDINATE SERVICES AT THE COMMUNITY
LEVEL AND TO PROMOTE INDEPENDENCE AMONG THE ELDERLY.
- 4 -
WITH THE PERCENTAGE OF AMERICANS OVER 64 INCREASING AT A MORE
RAPID RATE THAN THE GENERAL POPULATION, EMPHASIS MUST BE PLACED
ON OPPORTUNITIES FOR OLDER AMERICANS TO CONTINUE ACTIVE
PARTICIPATION IN OUR NATIONAL LIFE.
- 5 -
3. THIS BILL STRESSES SERVICES AVAILABLE TO ENABLE
OLDER AMERICANS TO LIVE AT HOME AND INVOLVES COMMUNITY LEADERS
IN DECIDING THE PROGRAMS NEEDED IN THEIR OWN AREAS.
SELF-HELP AND LOCAL DECISION-MAKING MUST BECOME INCREASINGLY
IMPORTANT ELEMENTS IN THE DRAFTING OF LEGISLATION.
FORD & LIBRARY GERALD
- 6 -
4. THE PROVISIONS OF THIS ACT RELATING TO AGE
DISCRIMINATION HAVE BEEN MODIFIED TO MEET MANY, BUT NOT ALL
ADMINISTRATION OBJECTIONS.
IN ADDITION, I AM CONCERNED
ABOUT THE HIGH AUTHORIZATION LEVELS INCLUDED IN THIS BILL.
-7-
I URGE CONGRESS TO WORK WITH THE ADMINISTRATION IN DETERMINING
APPROPRIATION LEVELS FOR THIS ACT WHICH WILL BE ADEQUATE
BUT NOT INFLATIONARY.
I AM SURE MEMBERS OF CONGRESS SHARE
MY CONCERN ABOUT THE DISTRESSING IMPACT OF INFLATION ON THE
ELDERLY AND WILL COOPERATE IN OUR EFFORTS TO CURB INFLATION.
- 8 -
5. THIS BILL SHOULD HELP MORE OLDER AMERICANS STAY OUT
OF ISOLATION AND KEEP THEM IN THE MAINSTREAM OF COMMUNITY LIFE,
WHERE THEIR WISDOM AND CONTRIBUTIONS ARE NEEDED.
END OF TEXT
FACT SHEET: OLDER AMERICANS ACT AMENDMENTS OF 1975
The Older Americans Act was initially enacted in 1965 and has been
subsequently amended in 1967, 1969, 1972, 1973 and 1974.
establish
The major objective of the Older Americans Act is to bring into being a
system of coordinated comprehensive services at the community level designed
to enable older persons to live independent lives in their own homes or
other places of residence and to participate in the life of their community.
To achieve this objective, the Older Americans Act provides authorization
for a national network on aging. This national network is composed of a
State Agency on Aging in each State and Territory and the District of
Columbia, 489 Area Agencies on Aging, 682 Nutrition Projects and the
Advisory Committees to the State and Area Agencies on Aging and the
Nutrition Projects.
The Act includes --
Title I:
Declares a set of 10 objectives for older Americans.
Title II:
Establishes the Administration on Aging located
within the Office of the Secretary, Department
of Health, Education, and Welfare, charged with
acting as the Federal focal point on aging and
with administering certain Titles of the Act.
Creates the Federal Council on the Aging composed
of 15 members appointed by the President and con-
firmed by the Senate for the purposes of advising
the President and Congress and the Commissioner
on Aging on issues in the field of aging.
Title III:
Provides support to State Agencies on Aging and
through them, Area Agencies on Aging for the
development of coordinated comprehensive service
systems designed to enable older persons to live
in their own homes or other places of residence.
FORD & LIBRARY GERALD
This Title provides funds (1) for the support of
State Agencies on Aging ($15 million in Fiscal
Year 1975) and (2) for the support of Area
Agencies on Aging and social services provided
by those agencies ($82 million in Fiscal
Year 1975).
States receive funds under Title III on a formula
basis based upon approval by the Commissioner on
Aging of an annual State Plan submitted by the
Governor.
-2-
Primary emphasis is placed on meeting the needs
of low income and minority older persons. Prior
to submitting the annual State Plan, the State
must hold a public hearing on it. The State
Plan designates within the State planning and
service areas and identifies those areas in which
Area Agencies on Aging will be established.
Currently, States have identified 585 such
planning and service areas and indicated that 489
Area Agencies on Aging will be in operation.
The Area Agencies on Aging receive their funds
from the State Agencies on Aging based on an
annual area plan approved by the State Agency.
A public hearing must be held on this plan before
it can be submitted to the State.
Title III also provides for a model projects
program designed to demonstrate new or innovative
means of meeting the needs of older persons ($8
million in Fiscal Year 1975). This section of the
law is administered directly by the Administration
on Aging.
Title IV:
Provides support for training programs in the
field of aging designed to assure that adequately
trained personnel are available to help meet the
needs of older persons ($8 million in Fiscal
Year 1975).
Provides support for research and development
projects designed to provide information and
knowledge that will help meet the needs of older
persons ($7 million in Fiscal Year 1975).
Title V:
Authorizes funds for the acquisition, alteration
and renovation of facilities to serve. multi-
purpose senior centers for older pet and for
the initial staffing of such centers. No funds
have been appropriated for this program.
Title VII:
Provides funds to the States for the operation
of nutrition programs designed to provide hot,
nutritious meals in congregate settings to older
persons ($125 million was allotted to the States
in Fiscal Year 1975).
-3-
States receive funds for this program on a formula
basis after the Commissioner on Aging has approved
their annual State Plan submitted by the Governor.
Primary emphasis is placed on meeting the needs of
low income and minority persons. Currently this
program provides support for 682 Nutrition Projects
that serve approximately 300,000 meals a day, five
days a week at over 4900 local community sites.
Eighty seven percent of these meals are provided in
congregate settings; 13% are home delivered. More
than 62,000 volunteers provide their assistance to
this program.
Major provisions of the 1975 amendments provide for --
1. A three-year extension for Titles II, III, IV and V of the Act
and a one-year extension of Title VII. These actions will extend
all Titles of the Act through Fiscal Year 1978.
2. National priority services (transportation, home care, legal services
and home repair) for which States must utilize at least 20% of their
Title III funds by the end of Fiscal Year 1976. In addition, as
additional resources become available under Title III, States must
utilize a portion of these funds to assure that at some point they
they
are
utilize 33-1/3% of their funds for these four priority services.
ww use noinisube % of new funds breatme there new Par state reach the This requirement Quit where
3. Special consideration for the needs of older American Indians.
4. Extension for three years of the Older Americans Community Service
Employment Act administered by the Department of Labor which pro-
vides for part-time work opportunity in community service activi-
ties for unemployed low income persons who are 55 years or older.
This act now comes Tutle 1x of the OAA.
5. The Age Discrimination Act. This Act, which becomes effective
January 1, 1979, is intended to prohibit unreasonable discrimina-
tion on the basis of age in programs or activities receiving
Federal financial assistance. The U. S. Commission on Civil Rights
will undertake a study on unreasonable discrimination based on age
and no later than 18 months after enactment of this Act transmit a
report of its findings and recommendations to the Congress and the
President. Following this study, the head of Federal departments or
agencies will publish regulations, after publication of regulations
by the Secretary of Health, Education, and Welfare, designed to
implement the Act by January 1, 1979.
6. Increases the rate of contributions of commodities to the nutrition
program from ten to fifteen cents per meal during Fiscal Year 1976
and to twenty-five cents a meal during Fiscal Year 1977.
at an average of as 370m,
Nearly $1.1 billion has been authorized by the 1975 Amendments.
Stam Fleming Thomas?
Mathews? Lynch?
Rhodes
Scott?
Bertha askins?
John Martin
Former Commissioner
on Fed'l Council
fr. seand Rapids
w-872-4869
652-6627
FORD if LIBRARY GERALD
I have given my approval today to H.R. 3922, "Older Americans
Amendments of 1975".
Ten years ago, as a member of the House of Representatives,
I voted for the Older Americans Act when it was enacted by
the Congress. I also voted for subsequent amendments to the
act. I am pleased now to give my approval to this bill which
amends the act and extends it for three years. These latest
amendments were the result of ten years of experiences in
administering the act.
Incorporated in the Older Americans Act, as amended, are
certain principles which should guide the Federal Government:
1. Emphasis is to be placed on making services available
which will enable older persons to live at home as long
as possible.
&. Community leaders who best know the needs of their own
areas are to determine the services for older persons
to be started or strengthened.
&. The needs of low income, older perons, including minorities,
are to be given priority in use of Federal funds.
X
Efforts are to be made to enlist volunteers from all age
groups to assist in serving older persons.
5. We are to continue to coordinate the resources now available
to meet the needs of older persons through programs ad-
ministered by a number of Federal departments and agencies.
6. Emphasis is to be placed on opening opportunities for older
persons to continue to participate constructively in the
life of our nation.
I endorse the concept of the Older Americans Act which
establishes a system to deliver coordinated comprehensive
services at the community level and which is designed to
enable older persons to live independent lives in their
FORD is LIBRARY GERALD
own residences and to participate in the life of their
community.
There are, however, provisions of this act with which I
disagree. The provisions concerned with age discrimination
on the part of all Federal grantees have been modified to
meet many, but not all, objections. The delineation of what
constitutes unreasonable age discrimination is so imprecise
Kaypullen
- 2 -
that it gives little guidance in the development of regulations
to prohibit such discrimination. Also, the provisions raise
a question on the extent to which the Federal Government should
seek to regulate private activity, particularly without holding
hearings to permit affected persons and institutions to be
heard.
The bill does provide, however, for study of the problems of
age discrimination by the Commission on Civil Rights, and
allows for these issues to be discussed thoroughly. I urge
the Congress to reconsider these problems.
At a time when we are struggling to restrain growth in the
Federal budget, I am not pleased to see the high authoriza-
tion levels included in this bill. The authorization for
social service programs for fiscal year 1976, for example, is
almost twice that of my budget request. I am confident the
members of the Congress share my concern about the impact
of inflation on the elderly. I look forward to working with
the Congress in determining appropriations levels for this
act which will be adequate, equitable and not inflationary.
I have given my approval today to H.R. 3922, "Older Americans
Amendments of 1975".
Ten years ago, as a member of the House of Representatives,
I voted for the Older Americans Act when it was enacted by
the Congress. I also voted for subsequent amendments to the
act. I am pleased now to give my approval to this bill which
amends the act and extends it for three years. These latest
amendments were the result of ten years of experiences in
administering the act.
Incorporated in the Older Americans Act, as amended, are
certain principles which should guide the Federal Government:
1. Emphasis is to be placed on making services available
which will enable older persons to live at home as long
as possible.
2. Community leaders who best know the needs of their own
areas are to determine the services for older persons
to be started or strengthened.
3. The needs of low income, older perons, including minorities,
are to be given priority in use of Federal funds.
4. Efforts are to be made to enlist volunteers from all age
groups to assist in serving older persons.
5. We are to continue to coordinate the resources now available
to meet the needs of older persons through programs ad-
ministered by a number of Federal departments and agencies.
6. Emphasis is to be placed on opening opportunities for older
persons to continue to participate constructively in the
life of our nation.
I endorse the concept of the Older Americans Act which
establishes a system to deliver coordinated comprehensive
GERALD LIBRARY FORD
services at the community level and which is designed to
enable older persons to live independent lives in their
own residences and to participate in the life of their
community.
There are, however, provisions of this act with which I
disagree. The provisions concerned with age discrimination
on the part of all Federal grantees have been modified to
meet many, but not all, objections. The delineation of what
constitutes unreasonable age discrimination is so imprecise
- 2 -
that it gives little guidance in the development of regulations
to prohibit such discrimination. Also, the provisions raise
a question on the extent to which the Federal Government should
seek to regulate private activity, particularly without holding
hearings to permit affected persons and institutions to be
heard.
The bill does provide, however, for study of the problems of
age discrimination by the Commission on Civil Rights, and
allows for these issues to be discussed thoroughly. I urge
the Congress to reconsider these problems.
At a time when we are struggling to restrain growth in the
Federal budget, I am not pleased to see the high authoriza-
tion levels included in this bill. The authorization for
social service programs for fiscal year 1976, for example, is
almost twice that of my budget request. I am confident the
members of the Congress share my concern about the impact
of inflation on the elderly. I look forward to working with
the Congress in determining appropriations levels for this
act which will be adequate, equitable and not inflationary.
Fritering
I have given my approval today to H.R. 3922, "Older Americans
Amendments of 1975"
Ten years ago, as a member of the House of Representatives, I
voted for the Older Americans Act when it was first considered by
the Congress. I also voted for all subsequent amendments to the Act.
I am delighted as President to give my approval to the extension of
the Act for three years and to these latest amendments, amendments
which grow out of ten years of experiences in administering the Act.
I am confident that the new amendments will strengthen the implementation
of what has become the charter for Federal participation in the field
of aging.
There are incorporated in the Older Americans Act, as amended,
certain principles which I believe should guide the Federal Government
in its involvement in the field of aging.
1. Primary emphasis should be placed on making services
available which will enable older persons to have the
GERALD FORD LIBRARY
opportunity of living as long as possible in their own
homes or other places of residence.
The Congress identified this as the over-riding objective
when it provided in the 1973 amendments to the Older Americans
Act for a new national network on aging. This network is now
in place. It consists of the Administration on Aging, State
Agencies on Aging, 489 Area Agencies on Aging, and 682 local
agencies which administer the nutrition programs for older persons.
-2-
2. Community leaders should determine which services for older
persons should be strengthened or inaugurated with available
Federal funds.
I am delighted that this principle is built into the operation
of the new network on aging. It is the area agencies which
initiate the plans and the budgets. The review stops at the
State level. As a result the network operates on the basis
of judgments by those who are in the best position to know
the needs of their own communities.
3. The highest priroity in the use of Federal funds should be
given to the needs of low income, including minorities, older
persons.
This is one of the basic principles that has been incorporated
in both the law and the regulations governing the operation of
the network on aging.
4. Vigorous efforts should be made to enlist volunteers from all
age groups to assist in the delivery of services to older persons.
Such efforts have already paid dividends.
The nutrition program for older persons is now serving
approximately 250,000 meals five days a week at approximately
4,900 sites. Approximately 62,000 volunteers are helping to
implement this program.
Over 10,000 volunteers are serving on working advisory committees
related to State and Area Agencies and to nutrition projects.
-3-
GERALD FORD
One hundred and fifty-eight national voluntary organizations
are participating in a program--Project Independence--
sponsored by the National Council on Aging and designed to
assist in the delivery of services which will enable older
persons to continue to live in their own homes or other places
of residence.
The nation is deeply indebted to all of these volunteers.
5. We must coordinate the resources that are now available to
meet the needs of older persons through programs that are
administered by a number of Federal departments and agencies.
This principle is incorporated in the Older Americans Act, as
Amended
It is gratifying to know that seventeen working agreements have
been signed by the Administration on Aging with other Federal
departments and agencies designed to facilitate coordination at
the State and community levels. I am asking for reports on the
manner in which these agreements are being implemented. Any
steps that I can take as President to accelerate their implementation
will be taken.
6. Our nation must continue to open up opporutnities for older
persons to continue to participate in a constructive manner in
the life of our nation.
Older persons need and want to continue to be involved in life.
Non-involvement leads to rapid physical, mental and spiritual
deterioration. In addition, however, failure to provide such
opportunities robs our nation of contributions we cannot receive
-4-
from any other group of persons.
The Older Americans Act recognizes the importance of
this principle. It provides the Federal Government, through
programs administered by ACTION and the Department of Labor,
with the opportunity of setting the right kind of example.
I hope that State and local governments, as well as organizations
in the private sector, will initiate more and more programs
of this nature.
The Older Americans Act, as Amended, provides all of us, both
in and out of government, with the opportunity of replacing
despair with hope in the lives of many older persons. It is in
that spirit that I welcome the action taken by the Congress in
extending the Older Americans Act for another three years.
Fr Fleming
draft signing
statement
Older amer
amend 75
I have given my approval today to H.R. 3922, "Older Americans
Amendments of 1975".
Ten years ago, as a member of the House of Representatives, I
voted for the Older Americans Act when it was first considered by
the Congress. I also voted for all subsequent amendments to the Act.
I am delighted as President to give my approval to the extension of
the Act for three years and to these latest amendments, amendments
which grow out of ten years of experiences in administering the Act.
I am confident that the new amendments will strengthen the implementation
of what has become the charter for Federal participation in the field
of aging.
There are incorporated in the Older Americans Act, as amended,
certain principles which I believe should guide the Federal Government
in its involvement in the field of aging.
1. Primary emphasis should be placed on making services
GERALD FORD LIBRARY
available which will enable older persons to have the
opportunity of living as long as possible in their own
homes or other places of residence.
The Congress identified this as the over-riding objective
when it provided in the 1973 amendments to the Older Americans
Act for a new national network on aging. This network is now
in place. It consists of the Administration on Aging, State
Agencies on Aging, 489 Area Agencies on Aging, and 682 local
agencies which administer the nutrition programs for older persons.
-2-
who bestknew the needs of then own communities
2. Community leaders should determine which services for older
begin or
persons should be strengthened or inaugurated with available
Federal funds.
I am delighted that this principle is built into the operation
of the new network on aging. It is the area agencies which
initiate the plans and the budgets. The review stops at the
State level. As a result the network operates on the basis
of judgments by those who are in the best position to know
the needs of their own communities.
3. The highest priroity in the use of Federal funds should be
given to the needs of low income, including minorities, older
persons.
This is one of the basic principles that has been incorporated
in both the law and the regulations governing the operation of
the network on aging.
4. Vigorous efforts should be made to enlist volunteers from all
age groups to assist in the delivery of services to older persons.
Such efforts have already paid dividends.
The nutrition program for older persons is now serving
GERALD FORD VISRARY
approximately 250,000 meals five days a week at approximately
4,900 sites. Approximately 62,000 volunteers are helping to
implement this program.
Over 10,000 volunteers are serving on working advisory committees
related to State and Area Agencies and to nutrition projects.
-3-
One hundred and fifty-eight national- voluntary organizations
are participating in a program--Project Independence--
sponsored by the National Council on Aging and designed to
assist in the delivery of services which will enable older
persons to continue to live in their own homes or other places
of residence.
The nation is deeply indebted to all of these volunteers.
Efforts should he cont incred to
5. We must coordinate the resources that are now available to
meet the needs of older persons through programs that are
administered by a number of Federal departments and agencies.
This principle is incorporated in the Older Americans Act, as
Amended
It is gratifying to know that seventeen working agreements have
been signed by the Administration on Aging with other Federal
departments and agencies designed to facilitate coordination at
the State and community levels. I am asking for reports on the
manner in which these agreements are being implemented. Any
steps that I can take as President to accelerate their implementation
will be taken.
Emphasis should be placed on
6. Our nation must continue to open up opporutnities for older
persons to continue to participate in a constructive manner in
the life of our nation.
Older persons need and want to continue to be involved in life.
Non-involvement leads to rapid physical, mental and spiritual
deterioration. In addition, however, failure to provide such
opportunities robs our nation of contributions we cannot receive
-4-
from any other group of persons.
The Older Americans Act recognizes the importance of
this principle. It provides the Federal Government, through
programs administered by ACTION and the Department of Labor,
with the opportunity of setting the right kind of example.
I hope that State and local governments, as well as organizations
in the private sector, will initiate more and more programs
of this nature.
The Older Americans Act, as Amended, provides all of us, both
in and out of government, with the opportunity of replacing
desnair with hone in the lives of many older persons. It is In
that spirit that I welcome the action taken by the Congress in
extending the Older Americans Act for another three years.
ACTION
Memo - Pres
Jumlannon
Re
Proposed Signing statement to Kecompany
Enrolledistl AR 3922,Hee older Americans Amendments of 1975
This memorandum is to present for your
approval a proposed signing
lattached at TabA) to the Pren
Statement to be issued time cong unction w th your
signing of H.R. 3922 the Ocder americans amendments
of 1975 if you de cide to signit.
The D tatiment has been approved by
The language has been approved by
Raul T his.
Discussion
GERALD LIBRARY
The purpose of the signing Statement isto
affum your support I the elderly and 8
the Older american act and to 00 ice your
opposition the authoryation Wels and the
age Decremention provis lons.
decideto
Recommendation 440u'sign HR 3922 Older amer Amen 75
I recommend that you approve the
proposed signing statement (attached at Tab A),
to be ussued to the pren. MA
Decision
Approve
Disapplore
2.
Disappore
Sponsors:
51425 cutro Eagleton
Subcomm on Agua
I
Baall Md R
Azug
- conf. comm.
Church Idaho D
(Eagubon)
J
Ball
Ganston Call D
L+PW
Hathaway Mane D
Jauts NY n
(
Williams)
J
Kennedy Mass
Laxalt Nev R
Mondale Mann D
Velson Wisc D
Pell
R1 D
Randolph w Va D
J
Schweiker Penn R
J
stafford we R
Taxt ohio n
Williams NJ D
Brademas)
Bell
House
J Brademas
Sect Educ
coluct
HR 3922
Sub select Educe
comm.
E+L
sub
Perkins
labor
Cost
Jj
Perken ky
A
Quee Menn
fuelcomm
v-
ranking men
Meads
Ben Cary R
NY
Peyser NY
J
Lohman
J
Jefferds ve
Cornell Wisc
Presslee SD
J
Beard RI
Grlborn
J
Zeffecti NY
Esch Much
J
Malle Calif
Eschelman
J Hau yes
Sarasm Conn
Thompson NJ ?
Risenhooner OK
Dent Pean
goodling NY
Daniels NJ
Hawkins Calif
other
ans Smith arb
Blouin lowa
Obara Uich Buckanan ala
Ford llich Sinion Jee
J Mank How MoHt this D
Philiphurton
Jaydos Pens
Clay Mo
Biaggi NY
andrews NC
Bengetes P.R
Cong invit
S
H
\
Eagleton Mo D
Beall Md R
Agua
Brademasine Select
subc.
Beu Calef R S
Educ
Williams NJ D > L+PW
Perkins Pky> D E+L
Jaucts NY R S
Quee Mind
(daho
Church
D
Z
Spec.
Randall M D Spec
Fong Haw R
Aging
comm.
Bob Wilson calis R.
Aging
Cortin
?
Democratic
Mansfuld leaders
Scott Chodes
Govt
O'Nice
Caue
Mathews
Fleming
Fedual Council on Aging
Outside
FORD is LIBRARY OFRALD
LIST OF POSSIBLE INVITEES TO SIGNING CEREMONY FOR
OLDER AMERICANS ACT
I. CONGRESSIONAL
House of Representatives
1. Committee on Education and Labor
Carl Perkins (Kentucky) - Chairman
Albert H. Quie (Minnesota) - Ranking Minority Member
a. Select Subcommittee on Education
John Brademas (Indiana) - Chairman
Alphonzo Bell (California) - Ranking Minority Member
2. Select Committee on Aging
William Randall (Missouri) - Chairman
Robert Wilson (California) - Ranking Minority Member
3. Committee on Appropriations
George H. Mahon (Texas) - Chairman
Elford A. Cederburg (Michigan) - Ranking Minority Member
a. Subcommittee on Labor-HEW
Daniel J. Flood (Pennsylvania) - Chairman
Robert H. Michel (Illinois) - Ranking Minority Member
United States Senate
GERALD FORD LIBRARY
1. Committee on Labor and Public Welfare
Harrison A. Williams, Jr. (New Jersey) - Chairman
Jacob K. Javits (New York) - Ranking Minority Member
a. Subcommittee on Aging
Thomas F. Eagleton (Missouri) - Chairman
J. Glenn Beall (Maryland) - Ranking Minority Member
2. Special Committee on Aging
Frank Church (Idaho) - Chairman
Hiram Fong (Hawaii) - Ranking Minority
3. Committee on Appropriations
John McClellan (Arkansas) - Chairman
Milton Young (North Dakota) - Ranking Minority
a. Subcommittee on Labor-HEW
Warren Magnuson (Washington) - Chairman
Edward Brooke (Massachusetts) - Ranking Minority
II. NATIONAL ORGANIZATIONS OF OLDER ORGANIZATIONS
1.
American 872-4700 Association of Retired Persons-National Retired Teachers
Association
Ey Brickfuld 469-6077
Douglas Woodruff - President, American Association of Retired Persons
Mary Mullen President, National Retired Teachers Association
Harriett Miller - Acting Executive Director 223-0099 (h)
2. National Council of Senior Citizens -
244-7886(h)
Nelson Cruikshank - President 783-6850
William Hutton - Executive Director
3. National Caucus on the Black Aged - -785-8766
Dr
Aaron Richard Henry Hamilton - Chairman Exec Durea 723-3059(h) Davis
Jelares
If 4. National Council on Aging
A1 Jack Abrams Ossofsky President - Executive Director 223-6250(0) 785-1569(h)
-
5. National Association of Retired Federal Employees
Clarence Tarr - Vice President
John Mccledland, Pres - 234-0832(0)
6. AFL-CIO (Social Security Department)
Bert Seidman - 534-4290(h)
7. The Gray Panthers
Maggie Kuhn
III. NATIONAL ORGANIZATIONS REPRESENTING AGENCIES IN THE AGING NETWORK
1. National Association of State Units on Aging
Louise Gerrard (West Virginia) - President
2. The Urban Elderly Coalition
Alice Brophy (New York City) - Chair-Person
3. National Association of Area Agencies on Aging
Bob Gonia (Huntsville, Ala.) - Chair-Person
IV. PROFESSIONAL ORGANIZATIONS IN THE FIELD OF AGING
1.. The Gerontological Society
Robert Binstock - President
2. American Geriatrics Society
Ewald Busse - President
3. Association for Gerontology in Higher Education
Martin Loeb - President
V.
FEDERAL COUNCIL ON AGING
Bertha S. Adkins - 301-226-5548
Dorothy L. Devereaux
Carl Eisdorfer
Charles J. Fahey
*John B. Martin
Frank B. Henderson
Frell M. Owl
Lennie-Marie P. Tolliver
Charles
risi
*Nelson H.
ikshank
Sharon Masaye Fujii
Hobart C. Jackson
Garson Meyer
Bernard E. Nash
Selden Hill
VI. GOVERNMENT OFFICIALS
1. HEW
Honorable David Mathews - Secretary
Stanley B. Thomas, Jr. - Assistant Secretary for Human Development
Arthur S. Flemming - Commissioner on Aging
Bruce Cardwell - Commissioner of Social Security
John Young - Commissioner of Community Services Administration
Dr. Faye Abdellah - Director, Office of Nursing Home Affairs
Donald Reilly - Deputy Commissioner on Aging
Dr. Richard Gruelich - Acting Director, National Institute on Aging
2. ACTION
Michael P. Balzano, Jr. - Director
Victor E. Hruska - Deputy Associate Director - Older Americans
Volunteer Programs
3. Department of Agriculture
Honorable Earl L. Butz - Secretary
Richard L. Feltner - Assistant Secretary for Marketing and
Consumer Services
Juan Castillo - Director - Food Distribution Division
4. Department of Labor
Honorable John T. Dunlop - Secretary
Pierce Quinlan - Director, Older Americans Programs
Other
Mrs. Helen Holt - Assistant to the Secretary for Programs
for the Elderly and the Handicapped - HUD
Ms. Judith Connors - Assistant Secretary for Environment,
Safety and Consumer Affairs - DOT
VII. PRESS
any THE special
Craig Palmer - UPI
Nancy Hicks - New York Times
Peggy Simpson - President, Washington Press Club
Jonathan Spivak - The Wall Street Journal
Stu Auerbach - The Washington Post
Don Loomis - Business Week
VIII. FORMER COMMISSIONERS ON AGING
William Bechill
John Martin
* Listed in other places.
/ national Caucus on the aged
Dr. Delares Dams Ex Directore
6/22/33
Detroit, much
369-36-4201
2
Federal Council n the ageng
599-42-8297
Bertha adkins
8/24/06
Dr. D 7 Rechard
Salisbury md.
578-50-1820 ums
Knox Cty, Tenn.
Sept 27, 1911
3
national Cauncil on the aging
\
mather M. Bernadette Re Lourdes
SS: 046-44-1959 Kaltleen
Presidery-
DOB- July 3, 1907
POB Subbin, Ireland
Frances wysely
national Council of Sevior Citizens
mrs. pright LK. June
nelson Cruikshank, President
Rudalph T. Danstedt, assestant POB to the
SS:- 490-360-466
DOB word orcester / mass. oct3, 1904
writwing>
5.
AARP- - NRTA
FORD & LIBRARY
Alviani
Betts
Danslidt
Davis
De Lourdes
Frelton
comebell
Fiske
Farher
Hanna
mathews
morrill
merritt me Ginnes
MOWREY
PROSSER
Suzuki
Summons
Silverman
Stempeon
Slater
Thomas-
Schwarty, Willams
yampalsky
Aederal
6
national SS assn. of Retired BOB Employees
POB
7.
The Gray Panthers.
ways & means
1)
al Wlman, are.
D
Phil M. Landrum, Ga.
D
Joe D. Waggonner, Jr. of La.
D
Joseph E. Karth Minn.
D
Charles B. Rangel, N.Y.
D
Herman T. Schnebeli Pa.
Fartney H. Stark, Calif.
R
R
R
Guy Vander Jagt mich.
Barber B. Conable, Jr. N.Y.
R.
R
L.A. (Skip) Bafalis - 7la.
R
William M. Ketchum, Calif
ablert H. Quie, Minor)
Finance
D
Bob Packwood are
Russell B. Long La
R
R
R
Jacob Janits, N.Y.
Carl Curtis neb
R
Bill Brock, Tenn
See. David mathews
Paul Semmions, 2/6/42, Portland, maine 006-38-7955
alviane, Joe
Davis, Decores
Dansteat
De Lourdes, mother, m. Bernadette
- FCO g
Men Bertha S. adkins
8/24/06.
-
CAARP - alice Vari Landrugham
872
4700/ NRTA - De J. Cloyd Miller
/
NCSC 783.6850
Cricks hank Crucks hank
national Caucus on the Block
aged
yes- - Detroit 6/22/33
369-36-4201
much
Dr. Delores Davis,
national Council an the
mother M. Bernadette
carmelites
De Lourded
AR12455
Jack Ossofoky
Aging
1-
FCOA - Bertha Adkins OR (cleoTavani) alternate
AARP:
2-
AARP/NRTA
woodreff alice VanLanduigham
872-4700 Mullen Dr J. cloyd Miller
NRTA
or
Harriet Miller
3- 3 NCSC
Cruckshank
4
NCBA - Henry
5
NCOA - Abrams
6
NA RFE - McCheland
FORD if LIBRARY
7
grey Panthers - Kuhn
\ Roe Gooding 10
the
THE WHITE HOUSE
ACTION
WASHINGTON
Last Day: December 3, 1975
November 28, 1975
MEMORANDUM FOR:
THE PRESIDENT
BERALD FORD LIBRARY
FROM:
JIM CANNON
SUBJECT:
Enrolled Bill H.R. 3922, Older Americans
Amendments of 1975
This is to present for your action H.R. 3922, the Older
Americans Amendments of 1975. The enrolled bill memorandum
from OMB with the agency views letters is attached at Tab A.
The bill is attached at Tab B.
PURPOSE
This bill extends appropriation authorizations and amends
the Older Americans Act of 1965 (OAA), the national older
American volunteer programs carried out under the Domestic
Volunteer Service Act of 1973, the Older American Community
Service Employment Act, and other statutes involving programs
for the elderly; and prohibits age discrimination in Federal
programs and activities.
DISCUSSION
This legislation has strong Congressional support; the
conference report was adopted in the House 404-6 and in the
Senate 89-0.
The enrolled bill is a compromise between the House and
Senate versions. The authorization levels have been trimmed,
and some of the Administration's other objections have been
taken into account. Although H.R. 3922 still contains
objectionable provisions, HEW believes that "the bill is
in consonance in most respects with the Administration's
proposals in this area."
The most controversial issue addressed by the conferees was
the proposed Age Discrimination Act of 1975, which would
prohibit "unreasonable" discrimination on the basis of age
in all programs or activities receiving Federal financial
assistance, including general revenue sharing. The
Administration strongly opposed earlier versions of these
- 2 -
provisions and favored only a study. HEW is concerned about
the lack of hearings before adoption of the age discrimination
provisions and the lack of guidance provided for the develop-
ment of regulations. The Department notes, however, that the
enrolled bill does require a study and would allow ample time
for the issues to be deliberated.
BUDGET IMPACT
The appropriations authorizations in H.R. 3922 for the various
titles of the Older Americans Act are substantially in excess
of the appropriations requests for FY 77. The recent history
of appropriations actions, however, indicates that actual
funding runs significantly below authorizations. The only
element of mandatory cost in the bill is the provision in-
creasing the level of assistance of donated commodities for
elderly nutrition programs. Agriculture estimates that this
provision will cost about $8 million in FY 76 and $10 million
in FY 77.
OMB concludes that "we do not believe the authorization levels
need be an overriding concern in your action on this legislation."
ARGUMENTS FOR APPROVAL
1. The elderly population is growing faster than the general
population. An expansion of the services provided to
this group, as in H.R. 3922, is needed to address the
special problems faced by the growing numbers of elderly
Americans.
2. A wide array of State and local services, many federally
funded, can be coordinated through the planning and
referral network established in the Older Americans
Act and strengthened by this bill. This network enables
the coordination of service delivery systems, avoiding
creation of a completely age-segregated service delivery
system or agency.
3. Added emphasis on services that delay or avoid institution-
alization of the aged could result in reduced Federal
outlays under Medicare or Medicaid.
4. Although the authorization levels are much higher than your
planned requests, the amounts appropriated may well be more
in line with Administration requests. HEW feels that the
authorizations are sufficiently reasonable that the budgetary
problems can be dealt with through the appropriation process.
- 3 -
5. Prohibition of age discrimination in Federal programs
is a Federal responsibility. The provisions in the
bill for a study would allow time to deliberate and re-
consider any issues arising in this area before regulations
and enforcement mechanisms are scheduled to take effect.
ARGUMENTS FOR DISAPPROVAL
1. The mandatory setaside for priority elderly services
would reduce State flexibility and could grow into
substantial categorical programs. These services
duplicate existing authorities, as do training authorities
and the Older American Community Service Employment Act.
2. The increased authorization levels for Titles III, VII,
and IX of the OAA generate pressure for higher
appropriations.
3. The age discrimination provisions in H.R. 3922 would
require the Executive Branch to interpret a vague pro-
hibition against "unreasonable discrimination" on account
of age. They presuppose unreasonable age discrimination
in Federal programs although no evidence has been presented.
A complicated new series of Federal regulations would have
to be issued and enforced.
4. Increasing Agriculture's level of assistance for donating
commodities to elderly nutrition programs and requiring
the Department to purchase and distribute food expands
the Federal role in elderly nutrition. The provisions
would divide program responsibility and oversight between
USDA and HEW, adding to the administrative complexity of
the program.
5. The conference committee directive to ACTION to continue
to provide Foster Grandparent services to persons aged
21 for an indefinite period does not appear legally
permissible and, if done, could require additional funds.
RECOMMENDATIONS
OMB
Approval. "[The bill] will provide for
continued planning and coordination of
a wide array of State, local, and private
resources for the delivery of services
to older persons. there are mitigating
factors with respect to the [undesirable]
provisions.'
- 4 -
HEW
Approval. With the exception of the age
discrimination provisions, "the bill is
in many respects similar to the Adminis-
tration's proposal in this area."
Commission on
Civil Rights
Approval.
Agriculture
Disapproval.
ACTION
Disapproval (Portion related to ACTION).
Labor
Opposes Title IX; defers on remainder.
GSA
Opposes joint funding provision.
Justice
No objection (age discrimination provisions).
HUD
No objection to age discrimination
provisions; defers on remainder.
DOT
No objection.
Interior
Defers to HEW.
Treasury
No recommendation.
Max Friedersdorf
Approval.
Ted Marrs
Approval.
Phil Buchen
(Chapman)
No objection to signing.
RECOMMENDATION
To affirm your support of the elderly and of the Older
Americans Act and because of the almost certain override of
a veto, I recommend that you sign H.R. 3922. The bill as
finally enacted is much improved over earlier versions as
a result of compromises following Administration objections.
Through the budget process you can show that you will not
seek funding for unnecessary programs and that you propose to
concentrate available resources on meeting the priority needs
of the low-income elderly.
DECISION
1.
APPROVE H.R. 3922
2.
DISAPPROVE H.R. 3922
THE WHITE HOUSE
ACTION
WASHINGTON
Last Day: December 3, 1975
November 28, 1975
MEMORANDUM FOR:
THE PRESIDENT
FROM:
JIM CANNON
SUBJECT:
Enrolled Bill H.R. 3922, Older Americans
Amendments of 1975
This is to present for your action H.R. 3922, the Older
Americans Amendments of 1975. The enrolled bill memorandum
from OMB with the agency views letters is attached at Tab A.
The bill is attached at Tab B.
PURPOSE
This bill extends appropriation authorizations and amends
the Older Americans Act of 1965 (OAA), the national older
American volunteer programs carried out under the Domestic
Volunteer Service Act of 1973, the Older American Community
Service Employment Act, and other statutes involving programs
for the elderly; and prohibits age discrimination in Federal
programs and activities.
DISCUSSION
GERALD FORD LIBRARY
This legislation has strong Congressional support; the
conference report was adopted in the House 404-6 and in the
Senate 89-0.
The enrolled bill is a compromise between the House and
Senate versions. The authorization levels have been trimmed,
and some of the Administration's other objections have been
taken into account. Although H.R. 3922 still contains
objectionable provisions, HEW believes that "the bill is
in consonance in most respects with the Administration's
proposals in this area."
The most controversial issue addressed by the conferees was
the proposed Age Discrimination Act of 1975, which would
prohibit "unreasonable" discrimination on the basis of age
in all programs or activities receiving Federal financial
assistance, including general revenue sharing. The
Administration strongly opposed earlier versions of these
- 2 -
provisions and favored only a study. HEW is concerned about
the lack of hearings before adoption of the age discrimination
provisions and the lack of guidance provided for the develop-
ment of regulations. The Department notes, however, that the
enrolled bill does require a study and would allow ample time
for the issues to be deliberated.
BUDGET IMPACT
The appropriations authorizations in H.R. 3922 for the various
titles of the Older Americans Act are substantially in excess
of the appropriations requests for FY 77. The recent history
of appropriations actions, however, indicates that actual
funding runs significantly below authorizations. The only
element of mandatory cost in the bill is the provision in-
creasing the level of assistance of donated commodities for
elderly nutrition programs. Agriculture estimates that this
provision will cost about $8 million in FY 76 and $10 million
in FY 77.
OMB concludes that "we do not believe the authorization levels
need be an overriding concern in your action on this legislation."
ARGUMENTS FOR APPROVAL
1. The elderly population is growing faster than the general
population. An expansion of the services provided to
this group, as in H.R. 3922, is needed to address the
special problems faced by the growing numbers of elderly
Americans.
2. A wide array of State and local services, many federally
funded, can be coordinated through the planning and
referral network established in the Older Americans
Act and strengthened by this bill. This network enables
the coordination of service delivery systems, avoiding
creation of a completely age-segregated service delivery
system or agency.
3. Added emphasis on services that delay or avoid institution-
alization of the aged could result in reduced Federal
outlays under Medicare or Medicaid.
4. Although the authorization levels are much higher than your
planned requests, the amounts appropriated may well be more
in line with Administration requests. HEW feels that the
authorizations are sufficiently reasonable that the budgetary
problems can be dealt with through the appropriation process.
- 3 -
5. Prohibition of age discrimination in Federal programs
is a Federal responsibility. The provisions in the
bill for a study would allow time to deliberate and re-
consider any issues arising in this area before regulations
and enforcement mechanisms are scheduled to take effect.
ARGUMENTS FOR DISAPPROVAL
1. The mandatory setaside for priority elderly services
would reduce State flexibility and could grow into
substantial categorical programs. These services
duplicate existing authorities, as do training authorities
and the Older American Community Service Employment Act.
2. The increased authorization levels for Titles III, VII,
and IX of the OAA generate pressure for higher
appropriations.
3. The age discrimination provisions in H.R. 3922 would
require the Executive Branch to interpret a vague pro-
hibition against "unreasonable discrimination" on account
of age. They presuppose unreasonable age discrimination
in Federal programs although no evidence has been presented.
A complicated new series of Federal regulations would have
to be issued and enforced.
4. Increasing Agriculture's level of assistance for donating
commodities to elderly nutrition programs and requiring
the Department to purchase and distribute food expands
the Federal role in elderly nutrition. The provisions
would divide program responsibility and oversight between
USDA and HEW, adding to the administrative complexity of
the program.
5. The conference committee directive to ACTION to continue
to provide Foster Grandparent services to persons aged
21 for an indefinite period does not appear legally
permissible and, if done, could require additional funds.
RECOMMENDATIONS
OMB
Approval. "[The bill] will provide for
continued planning and coordination of
a wide array of State, local, and private
resources for the delivery of services
to older persons. there are mitigating
factors with respect to the [undesirable]
provisions.
- 4 -
HEW
Approval. With the exception of the age
discrimination provisions, "the bill is
in many respects similar to the Adminis-
tration's proposal in this area."
Commission on
Civil Rights
Approval.
Agriculture
Disapproval.
ACTION
Disapproval (Portion related to ACTION).
Labor
Opposes Title IX; defers on remainder.
GSA
Opposes joint funding provision.
Justice
No objection (age discrimination provisions).
HUD
No objection to age discrimination
provisions; defers on remainder.
DOT
No objection.
Interior
Defers to HEW.
Treasury
No recommendation.
Max Friedersdorf
Approval.
Ted Marrs
Approval.
Phil Buchen
(Chapman)
No objection to signing.
RECOMMENDATION
To affirm your support of the elderly and of the Older
Americans Act and because of the almost certain override of
a veto, I recommend that you sign H.R. 3922. The bill as
finally enacted is much improved over earlier versions as
a result of compromises following Administration objections.
Through the budget process you can show that you will not
seek funding for unnecessary programs and that you propose to
concentrate available resources on meeting the priority needs
of the low-income elderly.
DECISION
1.
APPROVE H.R. 3922
2.
DISAPPROVE H.R. 3922
- 5 -
If your decision is to approve the bill, we would recommend
a small signing ceremony for late this afternoon. Congressman
John Rhodes has a request in to Max Friedersdorf to be present.
In addition, we could get Arthur Fleming, Secretary Mathews or
Under Secretary Marge Lynch, Bertha Atkins and two or three
of the leaders of the aging groups based here in Washington
to be present for a photo which we would make available to
all the aging publications.
Attached at Tab C for your review is an approved Paul Theis
signing statement which we would issue if you decide to
approve the bill.
FORD & LIBRARY CERALD
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.:
Date: November 26
Time: 730pm
FOR ACTION:
CC (for information):
Sarah Massengale
Jack Marsh
Max Friedersdorf
Jim Cavanaugh
Ken Lazarus
Paul Theis
led I Marrs
FROM THE STAFF SECRETARY
DUE: Date: November 28
Time:
1100am
SUBJECT:
H.R. 3922 - Older Americans Amendments of 1975
FORD i LIBRARY GERALD
ACTION REQUESTED:
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
X
For Your Comments
Draft Remarks
REMARKS:
Please return to Judy Johnston, Ground Floor West Wing
The attached bill must be to the President Friday afternnon.
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
James H. Cavanaugh
telephone the Staff Secretary immediately.
For the President
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
NOV 26 1975
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill H.R. 3922 - Older Americans Amendments
of 1975
Sponsor - Rep. Brademas (D) Indiana and 24 others
Last Day for Action
December 3, 1975 - Wednesday
Purpose
Extends appropriation authorizations and amends the Older
Americans Act of 1965, the national older American volunteer
programs carried out under the Domestic Volunteer Service Act
of 1973, the Older American Community Service Employment Act,
and other statutes involving programs for the elderly; and
prohibits age discrimination in Federal programs and
activities.
Agency Recommendations
Office of Management and Budget
Approval
Department of Health, Education,
and Welfare
Approval
Commission on Civil Rights
Approval
Department of Agriculture
Disapproval
ACTION
Disapproval (Portion
related to ACTION)
Department of Labor
Opposes Title IX;
defers on remainder
General Services Administration
Opposes joint funding
provision
Department of Justice
No objection (Title III)
Department of Housing and
Urban Development
No objection to Title III
defers on remainder
Department of Transportation
No objection
Department of the Interior
Defers to HEW
Department of the Treasury
No recommendation
2
Discussion
The Older Americans Act (OAA) of 1965 authorizes Federal
grants for a variety of services to elderly Americans. The
principal focus of activity under the OAA is Title III,
under which grants are made to State and area aging agencies
to plan, coordinate, and deliver services at the community
level. Title III contains a special authorization for
"model projects," with emphasis on housing, continuing
education, retirement planning, and needs of physically and
mentally impaired older persons.
The OAA Title VII nutrition program for the elderly provides
formula grants to States for low-cost, nutritious meals,
with supportive social services, to persons 60 or over and
their spouses.
Under present law, the appropriation authorizations in the
OAA expired on June 30, 1975, except for the authorization
for Title VII, which extends through fiscal year 1977.
On January 30, 1975, HEW submitted a draft bill to the
Congress which would have extended appropriations authori-
zations for most OAA titles through fiscal year 1977, and
made a few technical amendments to the Act. Authorizations
would not have been extended for programs which duplicate
existing authorities and those for which the Administration
has never requested funding.
As described further below, H.R. 3922 would extend and amend
the OAA and other laws concerned with older people, and would
enact provisions concerned with age discrimination in Federal
programs and activities.
This legislation has strong congressional support; the
conference report was adopted in the House 404-6 and in the
Senate 89-0.
The enrolled bill is a compromise between the House and Senate
versions. The authorization levels have been trimmed, and
some of the Administration's other objections have been taken
into account. Although H.R. 3922 still contains objectionable
provisions, HEW believes that "the bill is in consonance in
most respects with the Administration's proposals in this
area.
H
The attached views letters of several other agencies, however,
voice strong objections to various of its provisions.
3
Summary of the enrolled bill
Amendments to the Older Americans Act--H.R. 3922 would extend
through fiscal year 1978, and increase substantially, the
appropriation authorizations under Titles III and VII,
making them co-terminous as the Administration had recommended.
The enrolled bill would also extend through fiscal year 1978
"such sums" authorizations for (1) the National Information
and Resource Clearing House for the Aging (part of Title II),
(2) Title III model projects, (3) training and research
(Title IV), and (4) acquisition or modernization of multi-
purpose senior centers (Title V). The authorizations for
transportation projects in Title II and for initial staffing
of multipurpose senior centers in Title V would not be
extended.
The Administration proposed terminating the authorizations
for: training; research through disciplinary centers of geron-
tology; transportation projects; and multipurpose senior
centers.
Other significant amendments to the OAA would:
-- require States to earmark at least 20% of their
Title III grants for services for some or all of four new
services including related training: (1) transportation
services; (2) home services; (3) legal and other counseling
services, including tax and financial counseling; and
(4) residential repair and renovation programs.
-- broaden the definition of eligible social services
provided by State and local aging agencies to include legal
services, tax and financial counseling, and programs of
regular physical activity and exercise.
-- add three new priority activities under the model
projects authority: ombudsman services for nursing home
residents; assistance to help older persons remain out of
institutions; and improved delivery of services to low-income,
minority, Indian, limited-English speaking individuals and
the rural elderly.
require the Commissioner on Aging to reserve a portion
of a State's funds for direct grants to Indian tribal organi-
zations if he determines that (1) Indians are not receiving
benefits equivalent to those provided to other older persons,
and (2) tribal members would be better served by direct
grants.
4
-- amend the Title III area plan requirements to
authorize State or area agencies to enter into agreements
and pool funds with rehabilitation and social service
agencies to meet transportation needs of older persons.
--- expand the training grant authority to include
training of lawyers and paraprofessionals to deal with legal
problems of the elderly and monitor OAA administration.
-- amend the Title VII nutrition program to increase
the present mandatory level of Agriculture commodity
assistance from 10¢ per meal to 15¢ in fiscal year 1976
and to 25¢ in fiscal year 1977, and require the Secretary of
Agriculture through September 30, 1976 to purchase and
distribute to Title VII projects high protein foods, meat,
and meat alternates. Such sums as may be necessary would be
authorized to be appropriated for this latter purpose.
--- amend, extend with greatly enlarged authorizations,
and add as a new Title IX to the OAA, the Older American
Community Service Employment Act which authorizes the
Secretary of Labor to fund projects that promote part-time
work opportunities for unemployed low-income persons aged 55
or older. The main amendments to present law in this Title
would (1) provide that funding for current national contractors
(such as the National Council of Senior Citizens, the American
Association of Retired Persons, and the National Farmers Union)
would not be reduced and (2) adjust the allocation formula to
provide greater funding for States with lower per capita
incomes.
--- exempt programs and activities under the OAA from
provisions of the Joint Funding Simplification Act of 1974
(JFSA), P.L. 93-510.
In letters to the conferees on H.R. 3922, the Administration
expressed strong opposition to the older workers employment
program, the nutrition amendments, and various duplicative
authorities contained in the House or Senate versions. Some
of these concerns were accommodated by the conferees, but
Labor continues to oppose the provision of a categorical
manpower program for persons who should be served under the
broad authority of the Comprehensive Employment and Training
Act
(CETA) Agriculture believes that the nutrition provi-
sions would add to the administrative complexities of
Title VII and opposes the expansion of the food donation
requirements. GSA is opposed to the exclusion of any
programs from the JFSA.
5
Amendments to other Acts--H.R. 3922 would extend and amend a
number of other laws concerned with the elderly.
The Domestic Volunteer Service Act of 1973 would be
amended mainly to:
-- extend through fiscal year 1978 the appropriation
authorizations for older American volunteer programs operated
by ACTION: The Foster Grandparent and Senior Companions
Program and the Retired Senior Volunteer Program. These
programs are currently authorized through fiscal year 1976.
-- require the Director of ACTION to designate an aging
resource specialist in each State to coordinate ACTION's
older volunteer programs with the Titles III and VII programs
under the OAA.
ACTION's views letter expresses concern that the latter
provision may require the stationing of specialists in States
which do not now have them because a single ACTION office
covers more than one State. Of much greater concern to the
agency, however, is a directive in the Conference Report that
ACTION continue to provide Foster Grandparent services to
persons who reach age 21 until a replacement service can be
provided under another program. ACTION does not believe it
can legally carry out this directive under its present
statutory authority.
Several education acts would be amended to (1) extend
through fiscal year 1978 the "such sums" authorizations for
grants to colleges for programs concerned with the elderly
and grants for education programs for elderly persons with
limited ability in the English language and (2) require
special consideration for the elderly in vocational education,
consumer and homemaking programs. HEW had opposed these
amendments.
The Community Services Act of 1974 would be amended to
extend through fiscal year 1979 the "such sums" authorization
for the Senior Opportunities and Services Program administered
by the Community Services Administration, which the Adminis-
tration does not wish to continue.
Age Discrimination Act of 1975--The most controversial issue
addressed by the conferees on H.R. 3922 was this proposed
new Act, which would prohibit "unreasonable" discrimination
on the basis of age in all programs or activities receiving
Federal financial assistance, including general revenue sharing.
6
The Commission on Civil Rights would be directed to study
this subject and, within eighteen months (June 1977) report
its findings and make any recommendations for statutory
change to the Congress, the President, and affected heads
of departments and agencies. An authorization of "such
sums" would be provided for this purpose.
Agency heads would then have 45 days to submit comments and
recommendations on the report to the President and
congressional committees, which could then conduct hearings
on the report and agency recommendations.
Within one year of the completion of the report, but no more
than two and a half years after enactment of H.R. 3922
(June 1978), the Secretary of HEW would have to submit to
appropriate congressional committees and then publish, general
regulations prohibiting discrimination based on age in
federally assisted programs.
Each Federal agency would have to publish regulations
covering its programs, consistent with HEW's regulations.
The sanction for noncompliance with the regulations would be
termination or withholding of financial assistance after due
process procedures. No enforcement action could be taken
until 30 days after a written report was submitted to the
committees of the House and Senate having appropriate
jurisdiction. The agency regulations and enforcement sanctions
would not take effect before January 1, 1979.
These provisions would not affect the Age Discrimination in
Employment Act of 1967 nor apply to employment practices
(except for federally assisted public service employment)
and would not apply to any action which 'reasonably takes
into account age as a factor" necessary to normal program
operation, differentiates "based upon reasonable factors
other than age", or is part of an activity established under
authority of any law which provides benefits based on age.
The Administration strongly opposed earlier versions of these
provisions and favored only a study provision to explore the
extent of the problem, if any. HEW is concerned about the
lack of hearings before adoption of the age discrimination
provisions and the lack of guidance provided for the develop-
ment of regulations. The Department notes, however, that the
enrolled bill does require a study and would allow ample time
for the issues to be deliberated.
7
Justice does not now object, due to the bill's reliance on
future study for establishment of enforcement mechanisms.
Budget impact
The table below summarizes the specific dollar authorizations
provided in H.R. 3922 and those already enacted for fiscal
years 1975-1978, compared with appropriation levels already
provided for 1975 and requested for 1976.
(Fiscal years. $ in millions)
1975
Actual.
1976
1977
1978
Auth.
Appn
Auth. Request
Auth.
Auth.
OAA programs
Title III
130
97
180
91
231
287
Title VII
150
125
200
100
1/250
275
Title IX
100
12
100
-------------------------
150
200
ACTION programs
60
46
1/
60
46
65
65
Totals
440
280
540
237
696
827
1/ Already authorized
2/ Continuing resolution includes a specific appropriation
of $30 million.
The amounts authorized in H.R. 3922 for the various titles of
OAA are substantially in excess of the appropriation requests
for fiscal year 1976 and currently planned for fiscal year 1977.
The recent history of appropriation actions, however, indicates
that actual funding of Titles III and VII runs significantly
below the authorizations
The authorization for Title VII for fiscal year 1978 is not
substantially higher than that already authorized for fiscal
year 1977 in present law. The rising trend in the authoriza-
tions for Title III does present cause for concern, but if
past actions continue, appropriations may not be substantially
in excess of budgeted amounts.
8
The Administration has never requested funds for the OAA
Title IX program, and current budget plans call for no funds
to be requested for this program for fiscal year 1977.
Although the authorization level has been $100 million for
each of the fiscal years 1975 and 1976, the Congress
appropriated only $12 million for 1975 and included $30 million
for 1976 in the continuing resolution for this program.
The only element of mandatory cost in the bill is the pro-
vision increasing the level of assistance of donated
commodities for elderly nutrition programs. Agriculture
estimates that this provision will cost about $8 million in
fiscal year 1976 and $10 million in fiscal year 1977. These
amounts are linked to Title VII funding.
Considering all these factors, we do not believe the authori-
zation levels need be an overriding concern in your action on
this legislation.
Arguments for Approval
1. The elderly population, which consumes a dispro-
portionately large amount of Government services, is growing
faster than the general population. By 1990 the age group
over 64 will increase by 7.1 million or 32.6% over 1974. An
expansion of the services provided to this group, as in
H.R. 3922, is needed to address the special problems faced
by the growing numbers of elderly Americans.
2. A wide array of State and local services, many
federally funded, can be coordinated through the planning and
referral network established in the OAA and strengthened by
this bill. This network will enable the coordination of
service delivery systems, avoiding creation of a completely
age-segregated service delivery system or agency.
3. Added emphasis on services provided under Title III
that delay or avoid institutionalization of the aged could
result in reduced Federal outlays under Medicare or Medicaid.
4. Although the authorization levels are much higher
than the Administration plans to request, the amounts appro-
priated may well be more in line with Administration requests.
HEW feels that the authorizations are sufficiently reasonable
that the budgetary problems can be dealt with through the
appropriation process.
9
5. Prohibition of age discrimination in Federal programs
is a Federal responsibility which must be addressed by every
agency and department to ensure compliance. The provision in
the bill for a study would allow ample time to deliberate and
reconsider any issues arising in this area before regulations
and enforcement mechanisms are scheduled to take effect.
Arguments for disapproval
1. The mandatory setaside for priority elderly services
(transportation, legal services, home repairs, and home
services) would reduce State flexibility and could grow into
substantial categorical programs. These services duplicate
existing authorities, as do training authorities and the
Older American Community Service Employment Act which dupli-
cates authority under the Comprehensive Employment and Training
Act (CETA).
2. The increased authorization levels for Titles III, VII,
and IX of the OAA generate pressure for higher appropriations.
3. The Age Discrimination provisions in H.R. 3922 would
require the Executive Branch to interpret a vague prohibition
against "unreasonable discrimination" on account of age. They
presuppose unreasonable age discrimination in Federal programs
although no evidence has been presented. A complicated new
series of Federal regulations would have to be issued and
enforced.
4. Increasing the Department of Agriculture's level of
assistance for donating commodities to elderly nutrition programs
and requiring the Department to purchase and distribute high
protein food, meat and meat alternatives expands the Federal role
in elderly nutrition. The provisions would divide program
responsibility and oversight between USDA and HEW adding to the
administrative complexity of the program. Increased donation
of foods by USDA is less efficient than an expanded cash grant
program entirely administered by HEW.
5. The conference committee directive to ACTION to
continue to provide Foster Grandparent services to persons
aged 21 for an indefinite period does not appear legally
permissible and, if done, could require additional funds.
10
Recommendations
HEW recommends approval of H.R. 3922, stating that with the
exception of the age discrimination provisions, "the bill
is in many respects similar to the Administration's proposal
in this area. "
Agriculture recommends disapproval because the nutrition
provisions would add to the administrative complexities of
the program by further dividing program responsibility and
oversight between Agriculture and HEW. Moreover, compelling
Agriculture to purchase on the open market foods to be donated
to a segment of the population disturbs the normal channels of
trade and commerce, if their food needs can be met through
existing commercial suppliers. Agriculture has attached a
partial draft veto message to its letter.
ACTION states:
"If Section 205 of the bill, which relates to ACTION,
stood alone in a separate bill, we would recommend its
veto. This recommendation would be based both on the
provisions of the bill, and on the Conference Committee
Report, which appears to direct the agency to take
actions which we believe are not authorized by legis-
lation. We recognize that other considerations are
involved, and restrict our recommendations to those
provisions of the bill which directly affect this
agency."
Labor opposes extension of the Older American Community Service
Employment program as a categorical manpower program for a
group of persons who should be served under CETA.
GSA is strongly opposed to the provision of the enrolled bill
excluding OAA programs from the Joint Funding Simplification
Act, and offers suggested language on this point for a possible
veto message.
DOT has no objection to approval but notes that care must be
exercised in implementing the transportation provisions to
"assure that they do not result in a multiplicity of duplicative
transportation services.
*
Although the bill contains several objectionable provisions,
notably the Age Discrimination Act, authorizations above
potential budget levels, and continuance of duplicative programs,
11
it will provide for continued planning and coordination of
a wide array of State, local, and private resources for
delivery of services to older persons. As indicated above,
there are mitigating factors with respect to the provisions
we have considered undesirable. Moreover, the bill as
finally enacted is much improved over earlier versions as
a result of compromises following Administration objections.
On balance, therefore, we recommend you sign H.R. 3922.
The 1977 budget can show that you will not seek funding for
*
duplicative and unnecessary programs and propose to take
administrative steps to target available resources on
meeting the priority needs of the low-income elderly.
Lynn 7.6
Enclosures
HEALTH
FINE
NOTAL
DEPARTMENT
DEPARTMENT OF HEALTH, EDUCATION. AND WELFARE
PRESENT
USA
The Honorable James T. Lynn
NOV 2 5 1975
Director, Office of Management
and Budget
Washington, D. C. 20503
Dear Mr. Lynn:
This is in response to your request for a report on H.R. 3922,
an enrolled bill "To amend the Older Americans Act of 1965
to establish certain social services programs for older
Americans and to extend the authorizations of appropriations
contained in such Act, to prohibit discrimination on the
basis of age, and for other purposes. "
The enrolled bill would extend, through fiscal year 1978,
the appropriation authorizations for programs under the
Older Americans Act of 1965, enact provisions concerned with
age discrimination, and make certain changes in programs
under the Older Americans Act of 1965 and other programs
concerned with older persons. A detailed description of the
bill is enclosed.
We recommend that the President sign the enrolled bill; the
bill is in consonance in most respects with the Administration's
proposals in this area, although we have some reservations
as to the age discrimination provisions.
The enrolled bill extends the programs under the Older
Americans Act of 1965 without major change, as we recommended.
It would synchronize, for the first time, the expiration dates
of the two major programs in the Act, the social services
and nutrition programs, so that in the future they could be
considered by the Congress together as related parts of an
overall service program for the elderly. Although the
authorizations were extended for an additional year beyond
the Administration's request, and although the level of the
authorization for fiscal year 1976 for the social services
program is $180 million, as contrasted with the Administration's
request of $91 million, we feel that the authorizations are
FORD LIBRARY if GERALD
The Honorable James T. Lynn
2
sufficiently reasonable that we can deal with the budgetary
problems through the appropriation process.
The provisions concerned with age discrimination on the part
of all Federal grantees have been substantially modified
from the original House version to meet many, but not all,
of our objections. The delineation of what constitutes
unreasonable age discrimination is so imprecise as to give
little guidance in the development of regulations to prohibit
such discrimination. In addition, the provisions raise a
question as to the extent to which the Federal Government
should seek to regulate private activity, particularly
without holding hearings on the subject to permit affected
persons and institutions to be heard.
On the other hand, the bill would provide for a careful
study of the problem of age discrimination by the Commission
on Civil Rights, and allows ample time for these issues to
be deliberated thoroughly and for Congress to reconsider
them, if it chooses to do so. Enforcement of the regulations
which will eventually emerge is vested exclusively in the
Federal agencies, eliminating the major problems associated
with earlier proposals to permit aggrieved individuals to
initiate separate actions.
With the exception of the age discrimination provisions, the
bill is in many respects similar to the Administration's
proposals in this area. On balance, we recommend that the
President approve the bill, but that he issue a signing
statement criticizing the way in which the Congress has
sought to regulate age discrimination, without hearings and
without guidance to either the public or the departments
and agencies which will have to enforce the new law.
Sincerely
DavedWap
Secretary
Enclosures
DETAILED DESCRIPTION OF H.R. 3922
The enrolled bill would extend, through fiscal year 1978,
the appropriation authorizations for programs under the
Older Americans Act of 1965, enact provisions concerned
with age discrimination, and make certain changes in
programs under the Older Americans Act of 1965 and other
programs concerned with older persons.
Specifically, the enrolled bill would do the following:
1. Appropriation authorizations. All appropriation
authorizations in the Older Americans Act of 1965 expired
in June, 1975, except the authorizations for the nutrition
program for the elderly, which do not expire until 1977.
The enrolled bill would extend the appropriation authorizations
for grants for State and community programs on aging at
levels of $180 million for fiscal year 1976, $57.75 million
for the transition quarter, $231 million for FY 1977, and
$287.2 million for FY 1978. The nutrition program
appropriation authorizations would be extended at $275 million
for FY 1978, so as to expire at the same time as all the
other provisions in the Act. The "such sums as may be
necessary" authorizations for the following activities would
be extended through FY 1978: National Information and
Resource Clearing House for the Aging, model projects,
training and research, and acquisition or modernization of
multipurpose senior centers. The authorizations for
transportation projects and for initial staffing of multipurpose
senior centers would not be extended.
The President's Budget allows, for FY 1976, $91 million for
grants for State and community programs on aging, $99.6 million
for nutrition programs for the elderly, $0.2 million for
the Clearing House, $5 million for model projects, $7 million
under the research and training authority, but restricted to
research and development projects (no funding for either
training or multidisciplinary centers of gerontology) and
no funding for transportation projects, acquisition or
modernization of multipurpose senior centers, or initial
staffing of such centers. The Budget would permit transition
quarter funding at one-fourth the level of FY 1976 funding
for each of the activities discussed above.
2
2. Age discrimination provisions. The Commission on
Civil Rights would be directed to complete, within eighteen
months of enactment of the enrolled bill, a study of
"unreasonable discrimination based on age" in all activities
receiving Federal assistance (including activities receiving
Revenue Sharing funds). Within one year of the completion
of the report (but no more than 2 1/2 years after enactment
of the enrolled bill) the Secretary of Health, Education, and
Welfare would be required to publish proposed general
regulations to prohibit such discrimination in federally
assisted programs. After the Secretary published final
general regulations, each Federal agency would publish
specific regulations regarding age discrimination to cover
the programs to which that agency extended financial assistance.
Violations of those agency regulations would be dealt with
exclusively through agency-initiated hearings (withholding
of financial assistance would be the sanction employed) or
through other agency action authorized by law. The
regulations (and enforcement procedure) would not take effect
before January 1, 1979. The age discrimination provisions
would not affect the Age Discrimination in Employment Act of
1967 nor apply to employment practices (except for federally
assisted public service employment), and would not apply to
any action which "reasonably takes into account age as a
factor necessary to the normal operation or the achievement
of any statutory objective" of any activity, differentiates
"based upon reasonable factors other than age", or is part
of an activity established under authority of any law which
provides benefits based on age, or "establishes criteria for
participation in age-related terms or describes intended
beneficiaries or target groups in such terms.
3. Other provisions.
A. Each State would be required to utilize, from the
funds allotted to it for a fiscal year for social services,
either one-third of those funds, or one-half of the amount
by which the funds allotted exceeded the allotment to that
State for FY 1975, but in no case less than one-fifth of
those funds, for at least one of the following: transportation
services, home services, legal and other counselling services,
and residential repair and renovation programs.
3
B. The Commissioner of the Administration on Aging would
be directed to provide funds for social services directly
to an Indian tribe if he found that (1) the State in which the
tribe was located was not providing older persons in the
tribe the same benefits provided to other older persons, and
(2) the tribe would be better served by direct grants.
C. An additional three-fourths of one percent of social
services funds and nutrition funds could be used for the
administration of State plans.
D. Special consideration, under the model projects
authority, would be given to projects to (1) develop ombudsman
services in nursing homes, (2) improve the delivery of services
to persons not receiving adequate services under other
provisions of the Act, with emphasis on low-income, minority,
Indian, limited-English speaking individuals, and the
rural elderly, and (3) assist older persons to remain out
of institutions.
E. Explicit mention would be made, under the authority
for training of persons in the field of aging, of the
training of persons to deal with legal problems of the elderly.
F. The Federal Council on the Aging would be given until
January 1, 1976, to complete two presently overdue reports.
G. The Secretary would be given until May 31, 1976,
to complete his plan for research on aging, which was due
on May 31, 1975.
H. Provisions for grants to colleges for programs
concerned with problems of the elderly would be extended
from 1977 to 1978, and provisions for grants for educational
programs for persons with limited ability to speak and read
English would be extended from 1975 to 1978:
I. Provisions administered by other Departments
(Donation of surplus commodities--Agriculture, Community
Service Employment for Older Americans--Labor, the Older
4
Americans Volunteer Programs--ACTION, and the Senior
Opportunities and Services Program--Community Services
Administration) would be extended and modified.
UNITED STATES COMMISSION ON CIVIL RIGHTS
WASHINGTON, D. C. 20425
STAFF DIRECTOR
November 24, 1975
Mr. James M. Frey
Assistant Director for Legislative
Reference
Office of Management and Budget
Washington, D. C.
Dear Mr. Frey:
This is in response to your request for the Commission's comments
regarding the Older Americans Amendments of 1975. More specifically
you wish to receive comments relative to Title III - Prohibition of
Discrimination Based on Age; in which the Act would require the
Commission on Civil Rights to, among other things, conduct a study and
hold public hearings on the extent to which discrimination based on
age is being practiced by any entity in programs or activities that
are federally assisted.
When the Commission was queried by the Subcommittee on Aging of the
Senate Committee on Labor and Public Welfare as to its position on
conducting such a study we replied in the affirmative provided sufficient
funds were appropriated by the Congress specifically for that purpose.
Section 306 (d) of Title III requires, among other things, that the Commission
submit a report of its findings and recommendations to the Congress and the
President "not later than eighteen months after the date of the enactment of
this Act " The Act does not condition the requirement of the Commission's
involvement in the development of a report on the appropriation of funds
specifically for that purpose. The Act merely states in Section 307 (g)
of Title III "There are authorized to be appropriated such sums as may be
necessary to carry out the provisions of this section.
Based upon our prior understanding with the Senate Subcommittee the Commission,
while willing to conduct the study and the open hearings, cannot begin that
process until funds appropriated for that purpose are available. Within the
next forty-eight hours I shall transmit to the Office of Management and
Budget an estimate of the funds needed for that purpose. If funds are not
made available in time to conduct such a study and hold such public hearings
in time to comply with the requirement of the Act, the Commission shall ask
the appropriate committees of the Congress to extend the time to a more
appropriate period.
- 2 -
With the above noted reservation the Commission is pleased to recommend
the bill for the signature of the President.
Sincerely,
JOHN A. BUGGS
Staff Director
DEPARTMENT OF AGRICULTURE
AGRICULTURE
OFFICE OF THE SECRETARY
WASHINGTON, D. C. 20250
November 26, 1975
Honorable James T. Lynn, Director
Office of Management and Budget
Washington, D. C.
Dear Mr. Lynn:
In reply to the request of your office, the following report is submitted
on the enrolled enactment H.R. 3922, "Older Americans Amendments of 1975. "
The bill amends the Older Americans Act of 1965 to establish certain social
services programs for older Americans, extend the authorizations of appro-
priations contained in such act, prohibit discrimination on the basis of
age, and for other purposes.
This Department recommends that the President disapprove the bill because
of the provisions of section 111.
This section requires the Secretary of Agriculture to increase by five
cents during fiscal year 1976 and by 15 cents during fiscal year 1977
the annually programmed per meal level of commodity assistance for
nutrition programs for the elderly which are funded under title VII of
the Older Americans Act. The bill also provides that during fiscal years
1975 and 1976 and the period ending September 30, 1976, the Secretary of
Agriculture shall purchase and donate, in addition to the above level of
commodity assistance, high protein foods, meat, and meat alternatives out
of funds authorized to be appropriated for this purpose.
Title VII now authorizes the Secretary of Agriculture to donate foods
available under section 32. of the Act of August 24, 1935, section 416 of
the Agricultural Act of 1949; and section 709 of the Food and Agriculture
Act of 1965 to recipients of grants or contracts. In donating such foods,
the Department is required to maintain an annually programmed level of
assistance of not less than 10 cents per meal, adjusted to the nearest
one-fourth cent on an annual basis after June 30, 1975, to reflect changes
in the series for food away from home of the Consumer Price Index published
by the Bureau of Labor Statistics, Department of Labor. It has been deter-
mined, based on these changes for the period May 1974 to May 1975, that the
level of donated foods to be provided in the program during fiscal year
1976 shall not be less than 11 cents per meal. Title VII also requires
the Department, in making foods available for distribution, to "give
special emphasis to high protein foods, meat, and meat alternates."
By increasing the level of food donations to be provided for each meal
served in the Title VII Program, we estimate that the cost to the Depart-
Honorable James T. Lynn
2
ment would be about $14 million for fiscal year 1976 and assuming no
further program expansion or increases in food-away-from-home costs--
nearly $20 million for fiscal year 1977.
H.R. 3922 would require the Secretary to make purchases on the open market
of high protein foods, meat, and meat alternates for distribution in the
Title VII Program during Fiscal Year 1975 and 1976 and during the transi-
tional period between June 30, 1976 and October 1, 1976. (Note: the fiscal
years referred to here are the same as identified in section (c) (1)
of H.R. 3922, as enrolled.) Since, for the purposes of the bill, these
high protein items would not be considered "donated commodities, the
purchases would be in addition to the commodity assistance level of
15 cents per meal in FY '76 and 25 cents per meal in FY '77. Thus, the
Department's additional costs for food distribution for the program
would increase by whatever amount is appropriated for meat and protein
purchases.
The Department believes that the bill would add to the administrative
complexities of the Nutrition Program for the Elderly by further dividing
program responsibility and oversight between USDA and HEW. Since operat-
ing costs for the program are already funded nationally almost entirely
by the latter agency, it would appear that donation of foods by USDA is
less efficient than an expanded cash grant program entirely administered
by HEW. We believe that State and local agencies are better able to
determine the nutritional needs of the elderly and availability and
economic purchase of foods on the open market.
Sincerely,
Acting Secretary
I return herewith, without my approval, H.R. 3922, entitled "Older
Americans Act of 1975.'
This bill amends the Older Americans Act of 1965, extends the authorizations
contained in the Act, establishes certain social services programs for older
Americans, prohibits discrimination on the basis of age, and contains other
provisions relating to the field of aging.
Section 111 of the bill increases the per meal level of commodity assistance
to be provided annually by the Department of Agriculture for nutrition pro-
grams for the elderly. I am opposed to further dividing program responsibility
and administration between the USDA and HEW. I do not favor any legislation
which compels the USDA to purchase in the open market foods to be donated to
a segment of the population, thus disturbing the normal channels of trade and
commerce, if their food needs can be met through existing commercial suppliers.
Of special concern to me is the concern which all of us must show for
inhibiting any further increase in the already awesome Federal deficit.
ACTION
WASHINGTON, DC 20525
November 25, 1975
Honorable James T. Lynn
Director
Office of Management and Budget
Washington, D. C. 20503
Dear Mr. Lynn:
In accordance with OMB Circular A-19, this letter
constitutes our views and recommendations with respect
to H. R. 3922, the "Older Americans Amendments of 1975."
Section 205 of the bill amends certain sections of the
Domestic Volunteer Service Act of 1973 (P.L. 93-113)
(the "Act").
Section 205 (a) of the bill authorizes appropriations
for the Retired Senior Volunteer Program (RSVP), the
Foster Grandparent Program (FGP), and the Senior
Companions Program (SCP), for the July 1 - September 30,
1976 interim period, and for fiscal years 1977 and 1978,
as follows:
Interim Period FY 1977
FY 1978
FORD
RSVP
$6,000,000
$22,000,000
$22,000,000
FGP
8,750,000
35,000,000
35,000,000
SCP
2,000,000
8,000,000
8,000,000
While we feel that it would have been more appropriate if
funds for these programs were authorized together with
other programs under P.L. 93-113, we have no objection to
their authorization in this bill. We note however that
the authorization levels are somewhat lower, in the case
of the Foster Grandparents and Senior Companions Programs,
than the levels requested in our FY 1977 budget request.
Section 205 (b) of the bill substitutes the word "individuals"
for the word "volunteers" in several places in Section 211 of
-2-
the Act (42 U.S.C. $5011). Although we object to this
change, we do not believe it is significant enough to
request disapproval.
Section 205 (c) of the bill requires the designation in
each State of an aging resource specialist with respect
to the Older Americans Volunteer Programs. ACTION has
already moved to comply with this requirement. We are
concerned, however, that this provision may require the
stationing of aging resource specialists within States
where none are presently stationed because a single
ACTION State office serves more than one State. There
are presently seven States (including the District of
Columbia and the Virgin Islands) in which this would be
the case.
We also wish to draw your attention to certain material
contained in the Conference Committee Report which accom-
panied this bill. The report discusses matters not con-
tained in the bill, and which appear to direct ACTION to
take certain steps which are in violation of our authoriz-
ing legislation.
The portions of the report which give us greatest concern
relate to the interpretation of the word "children" in
Section 211 (a) of the Domestic Volunteer Service Act of
1973, which authorizes the Foster Grandparents Program.
There is general agreement that children, as used in
the Act, refers to chronological age. The report, however,
directs ACTION to continue to provide foster grandparent
services to persons who reach age 21 for an indefinite
period, until a similar replacement service can be provided
under another program. While we agree that a temporary
arrangement of this type is permissible to permit an
orderly transition for persons who have already reached
age 21, we do not agree that a long-continued program of
support for foster grandparent services for persons over
21 is legally permissible. In thè absence of sufficient
funds under the Senior Companions Program authorized by
Section 211 (b) of the Act, it may not be possible for this
Agency to provide funds for the continuation of these
services for all who may desire them.
-3-
If Section 205 of the bill, which relates to ACTION,
stood alone in a separate bill, we would recommend its
veto. This recommendation would be based both on the
provisions of the bill, and on the Conference Committee
Report, which appears to direct the agency to take
actions which we believe are not authorized by legisla-
tion. We recognize that other considerations are
involved, and restrict our recommendations to those
provisions of the bill which directly affect this agency.
Sincerely,
Ronald E. Herevas
Ronald E. Gerevas
Associate Director
Domestic Operations
U.S. DEPARTMENT OF LABOR
OFFICE OF THE SECRETARY
WASHINGTON
NOV 26 1975 1000A
Honorable James T. Lynn
Director
Office of Management and Budget
Washington, D. C. 20503
Dear Mr. Lynn:
This is in response to your request for our views on the
enrolled enactment of H.R. 3922, the "Older Americans
Amendments of 1975. "
Section 113 of H.R. 3922 would extend the Older American
Community Service Employment Act through fiscal year 1978
with authorizations totalling $487,500,000. If all such
funds were appropriated a considerable expansion of this
program would result. Outlays for this program in
the current fiscal year are only expected to be about
$42,000,000. Aside from extending the Act and increasing
its funding authority H.R. 3922 would make the following
major changes in the program: (1) legal counselling is made
an eligible community service; (2) funding for current
national contractors will not be decreased; (3) adjustments
in the allocation formula are made which are intended to
provide greater funding for states with lower per capita
incomes; and (4) this Department is required to consult with
State and area agencies on aging through the HEW Commissioner
on Aging, This program was originally enacted over the
Administration's objections, and this Department has consistently
and strongly opposed its extension. Authority and adequate
funding for this type of activity are available under the
Comprehensive Employment and Training Act (CETA).
As long as a limited, categorical program for older workers
continues to be funded, state and local officals will try to
ignore older workers when they allocate the major block of
revenues available under CETA. Therefore, contrary to the
goal of the program, the needs of older workers will not be
met as effectively as they should be.
-2-
Further, we note that title III of H.R. 3922 has been
modified to take cognizance of at least some of the concerns
we raised with respect to the original House-passed version.
Title III would prohibit unreasonable age discrimination in
certain federally assisted programs. HEW would be responsi-
ble for issuing general implementing regulations, while each
agency would be responsible for enforcement with respect to
its own programs. Title III would not apply to employment
practices, except under the CETA public service employment
programs, and the Act also specifies that it is not intended
to modify the Age Discrimination in Employment Act (ADEA)
administered by this Department. In addition, implementa-
tion of this title would be delayed pending a study by the
U.S. Commission on Civil Rights, and an evaluation of that
study by HEW, the other Federal agencies involved and by the
Congress itself. In any event full implementation would be
delayed until 1979.
With respect to other provisions of this legislation, we
defer to those agencies more directly involved.
As stated above, we continue to oppose extension of the
Older American Community Service Employment program (title
IX) as a categorical manpower program for a group of persons
that should be served under the broad authority of CETA. We
believe that CETA should be the primary program for providing
manpower services and the continuation of a separate categori-
cal manpower program is both unnecessary and undesirable.
While no final decision has been reached on the fiscal year
1977 budget, our discussions with your staff at this point
have concluded that the fiscal year 1977 budget will not
include funds for this program. If H.R. 3922 is signed into
law this strategy will be made more difficult. However, we
also recognize that our opposition to providing manpower
services for older Americans through a separate categorical
program must be balanced against the fact that H.R. 3922
contains many other widely supported provisions designed to
meet the various needs of older Americans.
Sincerely,
Secretary of Labor
UNITED STATES OF AMERICA
GENERAL SERVICES ADMINISTRATION
WASHINGTON, DC 20405
NOV 26 1975
Mr. James M. Frey
Assistant Director
for Legislative Reference
Office of Management and Budget
Washington, DC 20503
Dear Mr. Frey:
By letter of November 21, 1975, you requested the views of the
General Services Administration (GSA) on enrolled bill H.R. 3922.
GSA has completed its review of the subject bill and offers
these comments.
Section 102 of the bill, by itself, is not sufficient to warrant
veto of the bill by the President. However, if the President
decides on other grounds to veto the bill, we believe the following
statement should be included as part of the Veto Message:
"In addition to the above reasons, section 102 of the
bill seeks to exclude programs authorized under the
Act from the provisions of the Joint Funding Simpli-
fication Act of 1974 (P.L. 93-510). This exclusion
is apparently based on a misunderstanding by the
conferees of the purposes of the Joint Funding
Simplification Act. That Act authorizes agencies to
enter into jointly funded projects which would be
administered uniformly. It does not authorize the
transfer of programs from one Federal agency or depart
ment to another Federal agency or department, as
the conference report on H.R. 3922 indicates. We
have viewed the Joint Funding Simplification Act as
a useful tool for improving the administration of
related Federal assistance projects and are opposed
to excluding individual programs from its provisions.
Sincerely,
Codert J.Yock
Robert J. Yook
Acting Assistant Administrator
Keep Freedom in Your Future With U.S. Savings Bonds
Department of Justice
Washington, D.C. 20530
November 25, 1975
Honorable James T. Lynn
Director, Office of Management
and Budget
Washington, D. C. 20503
Dear Mr. Lynn:
This is in response to your request for the views of
the Department of Justice on H.R. 3922, the Older Americans
Amendments of 1975, which was passed by the Congress and
forwarded to the President.
We noted, in comments sent to the Conference Committee
on July 9, 1975, 1/ that we were concerned about Title III
of the House bill, the "Age Discrimination Act of 1975",
which would have enacted a statutory prohibition against age
dincrimination in federal programs. We concurred in the
Senate version of that Title (in S. 1425), which the United
States Commission on Civil Rights would have been directed
to study the problem of age discrimination and make recommen-
dations to the Congress and President for appropriate cor-
rective action (See 121 Cong. Rec. at S. 11740 (daily ed.
June 26, 1975)).
Although this bill, by including a statute prohibiting
age discrimination in federal programs
Further than S: 1425, 'it still relies on the
discrimination in federal progr
on possible regulatory action. (Sec.
regulatory provisions of the bill (Sea 304 305) will
into effect only after the Commission study is completed
affected federal agencies have issued regulations
studied the report 's recommendations and the predint*
pary general regulations issued by the Secretary of Health,
Education, and Welfare. (Sec. 304(a)). In any event, no
schulations will be effective before January 1, 1979 (Sec.
304(a)(5)).
1/ We also sent comments on the House bill to the Senate
Labor and Public Welfare Committee on June 12, 1975.
- 2 -
Presumably, if the Commission were to find that
unreasonable age discrimination in federal programs does
not exist to a degree to warrant regulatory action, an
appropriate recommendation would be made and the need for
implementation of specific enforcement procedures obviated.
Although the bill can be read as establishing the fact of
age discrimination and leaving to the Commission the job
of uncovering specific instances and recommending enforce-
ment procedures, we do not interpret the bill in this
manner. Our first interpretation is, in our view, more
reasonable, and would allow for the possibility that the
Commission's report may indicate federal regulation to be
unnecessary. 2/
As indicated, the Department did not recommend the
establishment, at this time, of a statutory prohibition
against age discrimination. However, due to the bill's
reliance on future study for establishment of specific en-
forcement mechanisms, we do not feel that the differences
between our recommendations on Title III and the final
provisions of that Title are of such a nature to justify
rejection of the entire bill; accordingly, the Department
of Justice does not object to implementation of this
legislation.
Sincerely,
Anchae
Michael M. Uhlmann
2/ In fact, Sec. 307 (d) states that the "Commission shall
transmit a report of its findings and its recommendations for
statutory changes (if any) and administrative action
This "if any" language suggests that Congress is not directing
the Commission only to make recommendations on enforcement,
but to discover whether regulatory measures are in fact
necessary.
DEPARTMENT of TRANSPORTATION
OFFICE OF THE SECRETARY OF TRANSPORTATION
WASHINGTON, D.C. 20590
UNITED
AMERICA
STATES OF
NOV 24 1975
Honorable James T. Lynn
Director, Office of
Management and Budget
Washington, D.C. 20503
Dear Mr. Lynn:
You have asked for our comments on sections 105 and 106 of
H.R. 3922, an enrolled bill
"To amend the Older Americans Act of 1965 to establish
certain social services programs for older Americans
and to extend authorizations of appropriations contained
in such Act, to prohibit discrimination on the basis
of age, and for other purposes.
"
Section 105 (a) of the enrolled bill, which amends section
304 (c) (4) of the Older Americans Act (Act) is of interest
to this Department. Section 105 (a) would add a new provision
to the Act which would authorize the Secretary of Health,
Education, and Welfare to enter into agreements with State
and area aging agencies for the purpose of developing and
implementing plans for meeting the need for transportation
services of persons receiving benefits under the
Rehabilitation Act of 1973 and the Social Security Act.
Under this provision, monies provided under the Older
Americans Act, the Rehabilitation Act of 1973, and the
Social Security Act may be pooled for the provision of
transportation services to older people.
Section 106 (a) of the enrolled bill would add a new
provision to section 305 (a) of the Act which would
require that not less than 20 percent of the funds allotted
to States during any fiscal year for implementing State
aging plans shall be used during that fiscal year for
such services as transportation, home services, legal and
counseling services, and residential repair.
- 2 -
m 106 (b) of the enrolled bill would amend section 305 (a)
le Act by adding a new provision requiring each State to
ide for the establishment and maintenance of programs
cluding related training) for some or all of the following
vices: transportation; home services; legal and counseling
ervices; and residential repair.
The Department of Transportation has no objection to the
provision of sections 105, 106 (a), and 106 (b) of this
enrolled bill. They will result in a desirable augmenta-
tion of ongoing efforts to improve transportation services
for older Americans. However, care must be taken in
implementing these provisions to assure that they do not
result in a multiplicity of duplicative transportation
services.
The Department has no objection to the President signing
the enrolled bill.
Sincerely,
Judith T. Connor
Assistant Secretary for
Environment, Safety, and
Consumer Affairs
STATEM OF THE INIERIOR
United States Department of the Interior
OFFICE OF THE SECRETARY
March
1849
WASHINGTON, D.C. 20240
NOV 2 6 1975
Dear Mr. Lynn:
This responds to your request for our views on sections 104 and
108 of enrolled bill H.R. 3922, "To amend the Older Americans
Act of 1965 to establish certain social services programs for
older Americans and to extend the authorizations of appropriations
contained in such Act, to prohibit discrimination on the basis
of age, and for other purposes."
The matters which affect this Department are contained in sections
104, 108, and 902 (b) (1) (M). With regard to these matters, we
recommend that the President approve the enrolled bill. However,
with respect to the merits of the remainder of the bill, we
defer in our views to the Department of Health, Education and
Welfare.
Section 104 of the enrolled bill would amend the allotment provision
in title III of the Older Americans Act of 1965. Section 104
would permit direct allotment of a State's title III funds to an
Indian tribal organization serving Indians of that State, if the
Commissioner on Aging determines that members of such tribe in
that State are not receiving title III benefits equivalent to
benefits provided to other older persons in the State and that
members of the tribe would be better served by grants made directly
to the tribal organization. If the Commissioner decides to make
such direct grants, he would reserve from sums which would other-
wise be allotted to the State involved not less than 100 percent
nor more than 150 percent of an amount which bears the same ratio
to the State's allotment for the fiscal year concerned as the
population of all Indians aged 60 or over in the State for which
he made such determinations bears to the total aged 60 plus popu-
lation of that State. Then, he would directly allot the amount
thus taken out of the State's allotment to the Indian tribal
organizations. Section 104; for the purposes of this provision,
defines the terms, "Indian", "Indian tribe", and "tribal
organization"
Section 108 of the enrolled bill would amend title III of the
Older Americans Act to provide for certain new model project
requirements. In making model project grants and contracts, the
Commissioner on Aging would be required to give special considera-
tion to projects designed to meet three additional needs (above
REVOLUTION
AMERICAN
BICENTENNIAL
1776-1976
those 4 now required by the Act). Among these three new needs
would be: projects to meet the needs of older Americans who are
not receiving adequate services under other provisions of the
Act, with emphasis on the needs of low-income, minority, Indian,
and limited-English speaking individuals, and elderly persons
residing in rural areas.
The principle focus of activities under the Older Americans Act
of 1965 has been the title III program of grants to the States
under which the States were authorized to use the funds so allotted
to make project grants, usually for projects such as senior centers.
The 1973 amendments to the Act introduced a new concept by
directing the establishment of a nationwide network of area
agencies on aging so as to provide for a better organizational
scheme at State and local levels and to provide for better plan-
ning and coordination of resources at the local level. Each
State was required to divide itself into separate areas and develop
a plan for the establishment of a comprehensive and coordinated
system of services to the aged, and to designate an agency within
each area for the development and implementation of the plan.
Section 104 of the bill was included as an amendment to title III
because of the concern of many Indian groups that some State
agencies on aging, in States with large Indian populations, were
providing little or no assistance or services to older Indians.
Many States have long regarded provision of services to Indians
as a Federal rather than a State responsibility because of the
trust relationship between the Federal Government and Indian
tribes While this is not the case in all States, a mechanism
is necessary to ensure equitable services for Indians in States
which are not meeting their responsibility in this area. The
provisions of section 104 of the enrolled bill would allow the
Commissioner on Aging, upon making the necessary findings, to
take such action to ensure that older Indians who are members
of Federally-recognized tribes or who are located on, or near,
a Federal reservation or rancheria or a State reservation, receive
title III benefits, at least to the entent that equivalent services
are provided to other older persons in the State.
Section 108 of the enrolled bill amends the model project
provisions under title III of the Older Americans Act whereby
the Commissioner on Aging is given discretionary authority to
make grants to improve social services or otherwise promote the
2
well-being of older persons. In addition to projects operated
by the State and Area Agencies on Aging, the Commissioner may
directly fund certain projects under title III. Section 108
adds three new areas to which the Commissioner is required to
give special consideration in awarding grants and projects.
Among these three new areas is that area of projects to assist
certain under-served and low-income and minority individuals,
including Indians.
Title III of the Older Americans Act does not limit the provision
of services to low-income or minority individuals. However,
with regard to older Indians, there are instances in which the
needs of these individuals are so great, and the ability of
existing agencies to serve them is so limited, that direct
model project funds for Indians under section 108 of this bill
can be critical in filling these gaps.
Title IX of the enrolled bill amends the Older American Community
Service Employment Act of 1973. This program provides part-time
jobs to low-income elderly who have few prospects for employment,
and this Act is commonly referred to as "Title IX". Under
section 902 (b) (1) of the enrolled bill the Secretary of Labor
is authorized to enter into agreements with public and private
organizations, and with tribal organizations, to carry out the
purposes of "Title IX". Under this section tribal organizations
would become eligible recipients under "Title IX". The
Secretary of Labor may not make payments to any project unless
he determines that such project, inter alia, will serve the
needs of minority, Indian and limited English-speaking eligible
individuals.
For the reasons set forth above, we recommend that the President
approve section 104, 108 and 902(b)(1) (M) of enrolled bill
H.R. 3922.
Sincerely yours,
Monis Thompson
Commissioner of Indian Affairs
Honorable James T. Lynn
Director, Office of
Management and Budget
Washington, D.C.
3
OF
AMOUNT THE TREASURY THE
THE GENERAL COUNSEL OF THE TREASURY
WASHINGTON, D.C. 20220
1789
NOV 24 1975
Director, Office of Management and Budget
Executive Office of the President
Washington, D. C. 20503
Attention: Assistant Director for Legislative
Reference
Sir:
Reference is made to your request for the views of
this Department on the enrolled enactment of H.R. 3922,
the "Older Americans Amendments of 1975."
The enrolled enactment would amend the Older Americans
Act of 1965 to extend the authorization of appropriations
for programs in that Act and to establish certain social
services programs for older Americans. Title III of the
enrolled enactment would prohibit discrimination based on
age in programs receiving Federal financial assistance,
including programs or activities receiving funds under the
State and Local Fiscal Assistance Act of 1972.
On June 13, 1975 the Department submitted for
clearance a voluntary report to the Senate Committee on
Labor and Public Welfare on H.R. 3922. The report recommended
that the revenue sharing amendment be made to the revenue
sharing Act. The report was not cleared.
In view of the foregoing, the Department has no
recommendation to make concerning the enrolled enactment.
Sincerely yours,
General Counsel
Richard R. subreaht
THE WHITE HOUSE
WASHINGTON
November 26, 1975
MEMORANDUM FOR:
JIM CANNON
PAUL O'NEILL
FROM:
PHIL BUCHEN
I have received the attached letter from John Martin urging the
President to sign the 1975 amendments to the Older Americans
Act. As I have not participated in the substantive discussions
on the merits of the amendments, I thought this letter should be
passed on to you.
Martin also suggested a bill signing ceremony, though obviously
that would be difficult since the last day for signature is December 3.
Nevertheless, I am passing that request on to Ted Marrs and Bill
Nicholson.
Attachment
FORD & LIBRARY GERALD
NATIONAL
AMERICAN
RETIRED
ASSOCIATION
TEACHERS
OF RETIRED
ASSOCIATION
PERSONS
November 21, 1975
Mr. Philip W. Buchen
Counsel to the President
FORD & LIBRARY GERALD
The White House Office
Washington, D.C. 20500
Dear Phil:
The Senate and the house have just passed the conference
report on the 1975 amendments to the Older Americans Act by
overwhelming votes, which will send the bill to the White
House for action. Because I have followed this legislation
very closely and have testified on several occasions with
regard to it, I would like the President to know that the
legislation represents the best judgment of Congress, of the
Administration on Aging, and of the national aging organiza-
tions, including the more than eight million members of the
American Association of Retired Persons and the National
Retired Teachers Association.
I hope that you will urge the President to sign the bill and
to do so at a signing ceremony at which members of Congress,
the Administration, and the national aging organizations are
present. This would provide an opportunity to give wide pub-
licity to the event and would help to make clear the Presi-
dent's commitment to the welfare of older Americans.
The new legislation strengthens the Administration on Aging
as the focal point on aging in the federal government, and
at state and local levels reinforces the advocacy role of
state and area agencies on aging.
The bill specifies as national priority services transporta-
tion, home services, and legal services--all designed to make
it possible for older persons to remain in their own homes
rather than be transferred to nursing homes. It is estimated
that in many such homes 20 to 30 percent of the older people
are there only because there was no other place for them to
go and no support services which would enable them to remain
at home.
Mary Mullen
Douglas O. Woodruff
Bernord E. Nash
President, NRTA
President, AARP
Executive Director
National Headquarters: 1909 K Street, N.W., Washington, D.C. 20049 (202) 872-4700
- 2 -
The bill also strengthens the Older Americans Community Serv-
ice Employment program, designed to foster useful part-time
opportunities in community service activities for unemployed
low-income persons who are 55 years old or older and who
have poor employment prospects. This is especially important
since there has been a 57 percent increase in unemployment
among workers 55 years old and older during the past year.
It also reflects the fact that first-time enrollees in fed-
eral manpower programs constitute only 1.5 percent of the
total, although their actual presence in the work force is
far greater. These men and women need to work, they need to
have earnings, and they have proven that they can do an excel-
lent job. A program giving them an opportunity to work rather
than to live on welfare is badly needed.
The bill also contains an important section prohibiting age
discrimination in programs or activities receiving federal
financial assistance. The legislation calls for a study by
the Civil Rights Commission and the development of regulations
based on that study not to take effect before January 1, 1979.
There is no question but that age discrimination exists in
many areas and ought to be countered by a program of this sort.
A most important feature of the bill is that it renews the
authorizations in the Older Americans Act without which no
appropriations can be provided for 1976 and beyond. The au-
thorizations seem to be entirely within reasonable limits to
accomplish the very large job lying ahead.
Sincerely,
John John B. Martin
THE WHITE HOUSE
WASHINGTON
November 26, 1975
GERALD FORD LIBRARY
MEMORANDUM FOR:
JUDY JOHNSTON
THROUGH:
THEODORE C. MARRS
your
FROM:
PATRICIA LINDH
SUBJECT:
Proposed Signing Ceremony
for H.R. 3299, Older American
Amendments of 1975
It is my understanding that H.R. 3299 is awaiting the
President's signature prior to the China visit.
In view of the importance of this piece of legislation
to older Americans both male and female, we feel it
would be appropriate to hold a signing ceremony on
Friday, November 28, 1975.
Not only would this ceremony serve to increase the
level of attention being paid to our older citizens,
but would pay tribute to Bertha Atkins, Director of
the Federal Council on Aging and the first woman to
hold the position of Undersecretary of the Department
of Health, Education and Welfare as well.
We further feel that it would be an ideal opportunity
to highlight the past and current achievements of
older Americans as we approach the Bicentennial year
and begin to conclude International Women's Year.
Should you concur that this ceremony should be held,
Bertha Atkins would be glad to assist in the planning.
During the Thanksgiving holiday, she can be reached
at her home number in Oxford, Maryland, (301) 226-5548.
Thank you.
ROUTE SLIP
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET LIBRARY
Date 11/26/25
To Kin 4/Agerry
Remarks
OLDER Amer Aer.
and 65 amendiments
REQUESTS WAITING - RUSH !
PUBLIC MANAGEMENT SOURCES request
Permanent Loan
\
To Keep
For your information
In response to your request
RETURN DATE
$1
Reverse for Return
Return to
OFFICE OF MANAGEMENT AND BUDGET LIBRARY
oom G008, New Executive Office Building
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Stop 20
ACT.
P.L.
Bill no FORD voir
OLDER Amer ACT 65 89-73 HR3708 yes
-Ameno. OF'67
90-42 H.R. 10730 yes
- AMEND. of '69
91.69 H.R. 11235 Doiu ook
- Ameso. 72
92-258 51163 yes
- Amend. 72
OEO extension
92-424 H.R 12350 yes
- Amend. 73
93.29 $ 50 yes.
FORD i LIBRARY
1970
Page
INDEX OF ACTS BY POPULAR NAME
Page 13628
Organ:
Older Americans Act of 1965
Omnibus Crime Control and Safe Streets Act of
1968-Continued
Pub. L. 89-73, July 14, 1965, 79 Stat. 218 (Title
42, §§ 3001, 3002, 3011, 3012, 3021-3025, 3031,
Pub. L. 90-618, title III, Oct. 22, 1968, 82 Stat.
3032, 3041, 3042, 3051-3053)
1236 (Title 18 App.)
Pub. L. 90-42, §§ 2-6, July 1, 1967. 81 Stat. 106
Pub. L. 91-644, title I, §§ 2-7, 9, 10, 12, title VI,
(Title 42, 3002, 3021, 3022, 3024, 3031, 3043,
§ 20 (a), (b), Jan. 2, 1971, 84 Stat. 1881-1889
3051-3053)
(Title 5, §§ 5314-5316; Title 18, § 2510 note;
Pub. L. 91-69, §§ 2, 3, 4 (a), (b), (d), 5-10, 12,
Title 42, §§ 3711, 3723, 3724, 3731, 3733, 3735,
13, Sept. 17; 1969, 83 Stat. 108, 110, 111, 114
3736, 3746-3748, 3750-3750d, 3756, 3763-
(Title 42, §§ 3002, 3021-3025, 3031; 3041,
3765, 3767-3769, 3781, 3791-3793, 3795)
3044-3044e, 3051-3055)
Omnibus Flood Control Act
Older Americans Act Amendments of 1967
Aug. 11, 1939, ch. 699, 53 Stat. 1414 (Title 33,
Pub. L. 90-42, July 1, 1967, 81 Stat. 106 (Title
§§ 558b-1, 701b-3, 701b-4, 701c-1, 701f note,
42, §§ 3002, 3021, 3022, 3024, 3031, 3043, 3051-
701g, 707)
3053)
Omnibus Judgeship Act
Older Americans Act Amendments of 1969
Aug. 28, 1935, ch. 793, 49 Stat. 945 (See Title 28,
Pub. L. 91-69, Sept. 17, 1969, 83 Stat. 108 (Title
§ 132)
42, §§ 3002, 3021-3025, 3031, 3041, 3044-
May 19, 1961, Pub. L. 87-36, 75 Stat. 80 (Title
3044e, 3051-3055)
28, §§ 44, 81, 83, 86, 89, 93, 98, 102, 123, 133,
134, 142 note)
Oleomargarine Acts
Organ
Aug. 2, 1886, ch. 840, 24 Stat. 209
One-Hundred-and-Sixty Acre Homestead Act
May 9, 1902, ch. 784, § 1, 32 Stat. 193 (Title
See Homestead Acts
21, § 25)
Onion Futures Act
O'Mahoney-Ramspeck Act (Civil Service)
Pub. L. 85-839, § 1, Aug. 28, 1958, 72 Stat. 1013
June 25, 1938, ch. 678, 52 Stat. 1076
(Title 7, § 13-1)
Omnibus Act (Statehood)
Opium Acts
Feb. 22, 1889, ch. 180, 25 Stat. 676
Feb. 23, 1887, ch. 210, 24 Stat. 409 (Title 21,
Orga:
§§ 191-193)
Sta
Omnibus Acts of 1850
Oct. 1, 1890, ch. 1244, 26 Stat. 620
Sept. 9, 1850, ch. 49, 9 Stat. 446
Feb. 9, 1909, ch. 100, 35 Stat. 614 (Title 21,
Sept. 9, 1850, ch. 50, 9 Stat. 452
§§ 171, 173, 174-185)
Sept. 9, 1850, ch. 51, 9 Stat. 453
Sept. 18, 1850, ch. 60, 9 Stat. 462
Jan. 17, 1914, ch. 9, 38 Stat. 275 (Title 21, §§ 171,
Sept. 20, 1850, ch. 62, 9 Stat. 467
173, 174-184)
Orga:
Jan. 17, 1914, ch. 10, 38 Stat. 277
Omnibus Adjustment Act of May 25, 1926
Dec. 17, 1914, ch. 1, 38 Stat. 785
May 25, 1926, ch. 383, 44 Stat. 649 (Title 43,
Feb. 24, 1919, ch. 18, §§ 1006, 1007, 40 Stat. 1130-
§ 423e)
1133
July 11, 1956, ch. 563, § 1, 70 Stat. 524 (Title 43,
§ 423e)
Opium Poppy Control Act of 1942
Omnibus Claims Act
Dec. 11, 1942, ch. 720, 56 Stat. 1045 (Title 21,
ORD
§§ 188-188n)
Mar. 4, 1915, ch. 140, § 5, 38 Stat. 996 (See Title
28, §§ 121, 2501)
June 25, 1959, Pub. L. 86-70, § 20, 73 Stat. 145
(Title 21, § 188k)
Omnibus Crime Control Act of 1970
July 12, 1960, Pub. L. 86-624, § 16, 74 Stat. 415
GERALD'R
LIBRARY
Pub. L. 91-644, Jan. 2, 1971, 84 Stat. 1880 (Title
(Title 21, § 188k)
5, §§ 5108, 5313-5316; Title 18, §§ 351, 924,
Ordnance Tool Act
1752, 2510 note, 2516, 3056, 3731; Title 42,
May 11, 1939, ch. 122, 53 Stat. 739
$$ 3711, 3723, 3724, 3731, 3733, 3735, 3736,
Orig:
3746-3748, 3750-3750d, 3756, 3763-3765,
Organic Act of Alaska
3767-3769, 3781, 3791-3793, 3795)
Nov. 13, 1942. ch. 637, 56 Stat. 1016
Osag
Omnibus Crime Control and Safe Streets Act of 1968
July 28, 1956, ch. 772, title III, § 301 (c), 70 Stat.
713
Pub. L. 90-351, June 19, 1968, 82 Stat. 197 (Title
Outd
5, §§ 5315, 5316, 7313; Title 18, §§ 921-928,
Organic Act of Guam
2510-2520, 3103a, 3501, 3502, 3731; Title 18
Aug. 1, 1950, ch. 512, 64 Stat. 384 (See Title 8,
App., §§ 1201-1203; Title 28, § 532 note; Title
§§ 1407, 1422; Title 48, §§ 1421-1424b)
42, §§ 3334, 3701, 3711, 3721-3725, 3731-3737,
Oct. 31, 1951, ch. 655, § 55 (a), 65 Stat. 728
3741-3746, 3751-3769, 3781; Title 47, § 605)
Title 48, § 1424b)
Pub. L. 90-462, § 1, Aug. 8, 1968, 82 Stat. 638
Aug. 27, 1954, ch. 1017, 68 Stat. 882 (Title 48,
(Title 42, § 3768)
§ 1424)
1973 sopp
Page 2292
Page 2293
INDEX OF ACTS BY POPULAR NAME
1, 6, 87 Stat.
National Security Act of 1947-Continued
Navajo Community College Act
(7)-(9), (13)-(16); See Title 10, §§ 125, 126,
Pub. L. 92-189, Dec. 15, 1971, 85 Stat. 646 (Title
87 Stat. 421
131-134, 136, 141-143, 171, 718, 2203-2206, 2208,
25, §§ 640a, 640b, 640c)
715z, 1715z-1,
2209, 2701, 3013, 3014, 5033, 5034, 5061, 8012-
1)
8014, 8062; Title 50, §§ 401, 402, 405, 408, 410,
Navajo-Hopi Rehabilitation Act
at. 883 (Title
412)
Dec. 31, 1973, Pub. L. 93-233, 19(a), 87 Stat.
Sept. 9, 1950, ch. 939, § 3, 64 Stat. 828 (See Title
974 (Title 25, § 639)
10, § 716)
Noise Control Act of 1972
Sept. 19, 1951, ch. 407, title IV, § 402, 65 Stat.
e VIII, § 809,
Pub. L. 92-574, Oct. 27, 1972, 86 Stat. 1234 (Title
333 (See Title 10, § 743)
42, §§ 4901-4918; Title 49, § 1431)
Oct. 10, 1951, ch. 479, title V, 501(e) (1), 65
Stat. 378 (Title 50, § 402)
North Pacific Fisheries Act of 1954
June 28, 1952, ch. 479, §§ 1, 2, 66 Stat. 282 (See
7, 85 Stat. 85,
Oct. 9, 1972, Pub. L. 92-471, title I, §§ 101-108,
Title 10, §§ 141(c), 5013(a), 5402(a))
86 Stat. 784-787 (Title 16, §§ 1022, 1023, 1025a,
Apr. 4, 1953, ch. 16, 67 Stat. 20 (Title 50, § 403)
85 Stat. 420
1026, 1027, 1029, 1030, 1031, 1032)
Aug. 3, 1954, ch. 652, § 3(b), 68 Stat. 649 (See
Title 10, § 8013)
Northwest Atlantic Fisheries Act of 1950
1, 2, 4(d), 5,
Sept. 3, 1954, ch. 1263, §§ 8, 50, 68 Stat. 1228,
Aug. 11, 1971, Pub. L. 92-87, 85 Stat. 310 (Title
731 (Title 42,
1244 (Title 50, §§ 404, 405)
16, §§ 981, 982, 984-986, 988-991)
Aug. 10, 1956, ch. 1041, § 21, 70A Stat. 629 (See
Stat. 10 (Title
Title 5, § 5315(13); See Title 10, § 136)
Nurse Training Act of 1971
Aug. 6, 1958, Pub. L. 85-599, §§ 2, 3(a), (b),
Pub. L. 92-158, Nov. 18, 1971, 85 Stat. 465 (Title
3, 5, 8, 9, 87
5(b), 9(a), 10, 72 Stat. 514, 516, 518, 520, 521
42, §§ 296-296i, 297-297c, 297e, 297f, 297i, 298,
53, 1755, 1757,
(See Title 5, § 5314(32) See Title 10, §§ 124,
298b, 298b-1, 298b-2, 298c, 298c-7)
125, 133, 135, 718, 2358; Title 50, § 401)
Occupational Safety and Health Act of 1970
on Act Amend-
Aug. 14, 1964, Pub. L. 88-426, title III, § 305(23).
78 Stat. 425 (See Title 5, § 5314(32))
Pub. L. 93-237, 2(c), Jan. 2, 1974, 87 Stat. 1024
(Title 42, § 3142-1)
at. 560 (Title
National Security Act Amendments of 1949
1, 1753, 1755,
Office of Education and Related Agencies Appropria-
Aug. 10, 1949, ch. 412, 63 Stat. 578 (See Title 5,
tion Act, 1972
2, 1773, 1786)
§§ 101, 102, 5312(3), 5313(1), (16)-(18), 5315
Pub. L. 92-48, July 9, 1971, 85 Stat. 103
(7)-(9), (13-(16); See Title 10, §§ 125, 126,
50
131-134, 136, 141-143, 171, 718, 2203-2206, 2208,
Officer Personnel Act of 1947
86 Stat. 528
2209, 2701, 3013, 3014, 5033, 5034, 5061, 8012-
Aug. 7, 1947, ch. 512, 61 Stat. 795 (See Title 10,
8014, 8062; Title 50, §§ 401 notes. 402. 405. 408.
§ 5701 note)
0(b), 86 Stat.
410, 412)
Offshore Shrimp Fisheries Act of 1973
National Sickle Cell Anemia Control Act
Pub. L. 93-242, §§ 2-12, 15, Jan. 2, 1974, 87 Stat.
ion Act of 1972
Pub. L. 92-294, May 16, 1972, 86 Stat. 136 (Title
1061 (Title 16, §§ 1085, 1100b to 1100b-10)
tat. 308 (Title
33, § 763c note; Title 42, §§ 201 notes, 211a
note, 212a note, 222 note, 300b to 300b-5)
Oil Pollution Act, 1961
Pub. L. 93-119, § 2, Oct. 4, 1973, 87 Stat. 424
zation Act of
National Traffic and Motor Vehicle Safety Act of 1966
(Title 33, §§ 1001-1010, 1013, 1014)
Pub. L. 92-548, §§ 2, 3, Oct. 25, 1972, 86 Stat.
itat. 526 (Title
1159, 1160 (Title 15, §§ 1409, 1410)
Oil Pollution Act Amendments of 1973
Pub. L. 93-119, Oct. 4, 1973, 87 Stat. 424 (Title
National Traffic and Motor Vehicle Safety Act Amend-
ments of 1972
33, §§ 1001-1010, 1013, 1014, 1016)
ation Act, 1974
Pub. L. 92-548, Oct. 25, 1972, 86 Stat. 1159 (Title
tat. 315 (Title
Older American Community Service Employment Act
15, §§ 1409, 1410)
Pub. L. 93-29, title IX, May 3, 1973, 87 Stat.
National Venereal Disease Prevention and Control
(Title 42, §§ 3061-3067)
am Act of 1966
Act
Pub. L. 93-113, title I, 604(b), Oct. 1, 1973,
tat. 170 (Title
Pub. L. 92-449, title II, §§ 201, 202, Sept. 30, 1972,
87 Stat. 417 (Title 42, § 3067)
86 Stat. 750 (Title 42, § 247c notes)
Older Americans Act of 1965
National Visitor Center Facilities Act of 1968
Pub. L. 92-258, Mar. 22, 1972, 86 Stat. 88 (Title
5 (See Title 5,
Pub. L. 93-62, §§ 1, 2, July 6, 1973, 87 Stat. 146,
42, §§ 3045-3045i, 3051-3055)
(18), 5315(7)-
147 (Title 40, §§ 802, 804)
Pub. L. 92-424, § 29, Sept. 19, 1972, 86 Stat. 705
§§ 101(5), (7),
3, 3011, 3012,
National Wildlife Refuge System Administration Act
(Title 42, § 3044)
of 1966
Pub. L. 93-29, title I, § 102, title II, § 201, title III.
062; Title 50,
Pub. L. 93-205, § 13(a), Dec. 28, 1973, 87 Stat.
§ 301, title IV, § 401, title V, § 501, title VI,
902 (Title 16, § 668dd)
§§ 601, 602, 603 (b), (c), 604, title VII, §§ 701-
(See Title 5,
704, May 3, 1973, 87 Stat. 30-57 (Title 42,
Natural Gas Pipeline Safety Act of 1968
3001, 3011-3020, 3021-3028, 3031-3037a,
8 (See Title 5,
Pub. L. 92-401, §§ 1-4, Aug. 22, 1972, 86 Stat.
3041, 3041a-3041f, 3042, 3044, 3044a, 3044b,
16)-(18), 5315
616 (Title 49, §§ 1674, 1682, 1684)
3044d, 3044e, 3045f)
CQ House Votes 24 through 28.
(Corresponding to Congressional Record Roll-Call Vote Nos. 51, 52, 53, 57, 58.)
House Passes Administration's Elementary-Secondary Education Bill;
Votes Older Americans Act, Bill to Aid Water Resources Planning
24. Albert (D Okla.) motion that the Journal be approved without
educational research; and grants to strengthen state depart-
further actual reading--a move to halt Republican delays in
ments of education. Passed 263-153: R 35-96; D 228-57 (ND
consideration of HR 2362, the education bill (below). Albert
187-3; SD 41-54), March 26, 1965. A "yea" was a vote sup-
motion to consider the previous question, cutting debate and
porting the President's position.
permitting immediate consideration of his motion to approve
the Journal, Adopted 274-119: R 7-116; D 267-3 (ND 183-0;
27
3708. Passage of the bill, the Older Americans Act of
SD 84-3), March 26, 1965. The Presidentd: not take a posi-
1965, establishing an Administration on Aging in the Depart-
tion on the motion.
ment of Health, Education and Welfare and authorizing a total
25. HR 2362. Elementary and Secondary Education Act of 1965.
of $17.5 million in appropriations in fiscal 1966 and 1967 for
Goodell (R N.Y.) motion to recommit the bill to the House
grants to states and public or private organizations
Education and Labor Committee with instructions to substi-
for developing programs for the aging. Passed 395-1: R 128-
tute for the Title I allocation formula a straight $200 grant
1; D 267-0 (ND 179-0; SD 88-0), March 31, 1965. A "yea"
for each child from a low-income family. Rejected 149-267:
was a vote supporting the President's position. (See story
R 89-42; D 60-225 (ND 3-187; SD 57-38), March 26, 1965. A
p. 356)
"nay" was a vote supporting the President's position. (See
story p. 275)
28. HR 1111. Passage of the bill, the Water Resources Planning
Act, establishing a Federal Water Resources Council andau-
26. HR 2362. Passage of the bill, the Elementary and Secondary
thorizing appropriations of $11,550,000 a year for 10 years
Education Act of 1965, providing: a three-year program of
for federal-state water resources development programs.
grants to states for allocation to school districts with large
Passed 384-0: R 130-0; D 254-0 (ND 174-0; SD 80-0), March
numbers of children from low-income families; grants for
31, 1965. A "yea" was a vote supporting the President's
purchase of books and library materials; funds to improve
position. (See story p. 759)
24 25 26 27 28
24 25 26 27 28
24 25 26 27 28
EA KEY
ALABAMA
Los Angeles Co.
GEORGIA
3 Andrews
Y Y N Y Y
29 Brown
$ N Y Y Y
7 Davis
Y Y Y Y
Y Record Vote For (yea).
8 Jones
?????
25 Cameron
YNNYY
6 Flynt
Y Y N Y Y
Paired For.
5 Selden
Y Y N Y Y
22 Corman
YNYYY
1 Hagan
Y Y N Y Y
+ Announced For, CQ Poll For.
4 Andrews
NYNY?
21 Hawkins
9 Landrum
YNYY?
N Record Vote Against (nay).
6 Buchanan
NYNYY
19 Holifield
YNNYY
4 Mackay
YNYYY
X Paired Against
2 Dickinson
- X Y Y
17 King
YNYYY
2 O'Neal
Y Y N Y Y
Announced Against, CQ Poll Against.
1 Edwards
NYNYY
26 Roosevelt
YNY 1 1
10 Stephens
YYYYY
? Absent, General Pair, "Present," Did
7 Martin
NYNYY
30 Roybal
YNYYY
8 Tuten
Y Y N Y
not announce or answer Poll.
ALASKA
31 Wilson
5 Weltner
YYYYY
AL Rivers
YNYYY
28 Bell
NNYYY
3 Callaway
NYNYY
ARIZONA
23 Clawson
NYNYY
HAWAII
3 Senner
YNYYY
32 Hosmer
NNYYY
AL Matsunaga
YNYYY
24 25 26 27 28
2 Udall
YNYYY
24 Lipscomb
NYNYY
AL Mink
YNYYY
1 Rhodes
NYNYY
27 Reinecke
NYNYY
IDAHO
INDIANA
ARKANSAS
20 Smith
- Y N Y
1 White
YNYYY
3 Brademas
YNYYY
1 Gathings
Y Y N Y Y
COLORADO
2 Hansen
NYNYY
8 Denton
YNYYY
4 Harris
YNNYY
4 Aspinall
YNYYY
ILLINOIS
9 Hamilton
YNYYY
2 Mills
YNYYY
3 Evans
YNYYY
21 Gray
?NY?Y
11 Jacobs
YNYY?
3 Trimble
YNYYY
2 McVicker
YNYYY
24 Price
YNYYY
1 Madden
YNYY?
CALIFORNIA
1 Rogers
YNYYY
19 Schisler
YNYYY
5 Roush
YNYYY
5 Burton
YNYYY
CONNECTICUT
23 Shipley
YNYYY
4 Adair
NYNYY
7 Cohelan
YNYYY
1 Daddario
YNYYY
16 Anderson
NYNYY
7 Bray
NYNYY
33 Dyal
YNYYY
3 Giaimo
YNY Y Y
17 Arends
NYNYY
2 Halleck
NYNYY
9 Edwards
YNYYY
6 Grabowski
YNYYY
14 Erlenborn
NYNYY
10 Harvey
# Y N Y
18 Hagen
YNYYY
4 Irwin
YNYYY
20 Findley
NYNYY
6 Roudebush
NYNYY
34 Hanna
YNY?Y
5 Monagan
YNYYY
12 McClory
NNNYY
IOWA
2 Johnson
YNYYY
2 St. Onge
YNYYY
18 Michel
Y Y N #
4 Bandstra
YNYYY
4 Leggett
YNYYY
DELAWARE
15 Reid
NYNYY
2 Culver
YNYYY
15 McFall
YNYYY
AL McDowell
YNY $ $
22 Springer
- 1 - Y
6 Greigg
YNYYY
8 Miller
YNYYY
FLORIDA
Chicago-Cook
Co.
7 Hansen
YNYYY
3 Moss
YNYYY
2 Bennett
Y Y N Y Y
7 Annunzio
YNYYY
1 Schmidhause
YNYYY
16 Sisk
YNYYY
4 Fascell
YNYYY
1 Dawson
YNYYY
5 Smith
YNY!!
38 Tunney
#NYYY
9 Fuqua
Y Y N Y Y
5 Kluczynski
YNYY?
3 Gross
NYNYY
37 Van Deerlin
YNYYY
10 Gibbons
YYYY Y #
3 Murphy
YNYYY
KANSAS
14 Baldwin
7 Haley
Y Y N Y Y
2 O'Hara
YNYYY
1 Dole
NYNYY
1 Clausen
# N N #
5 .Herlong
Y Y N Y Y
11 Pucinski
YNYYY|3 EllsworthNYYYY
10 Gubser
NNNYY
8 Matthews
YYNYY
6 Ronan
YNYYY
4 Shriver
NYYYY
6 Mailliard
-NNYY
3 Pepper
8 Rostenkowski
YNYYY
2 Mize
NYYYY
12 Talcott
NYNYY
6 Rogers
Y Y N Y Y
9 Yates
YNYYY
5 Skubitz
NNNYY
13 Teague
NYNYY
1 Sikes
Y Y N Y Y
10 Collier
NNNYY
KENTUCKY
35 Utt
NNNYY
12 Cramer
NYNYY
4 Derwinski
NYNYY
4 Chelf
YNYYY
36 Wilson
NYNYY
11 Gurney
NYNYY
13 Rumsfeld
NYNYY
3 Farnsley
YNYY
11 Younger
NYNYY
2 Natcher
YNYYY
Democrats in this type; Republicans in italics
946 - - 1965 CQ ALMANAC
CQ House Votes 24 through 28.
(Corresponding to Congressional Record Roll-Call Vote Nos. 51, 52, 53, 57, 58.)
24 27 28
24 25 26 27 28
21 25 25 27 28
24 25 26 27 28
7 Perkins
YNYYY
2 Curtis
NYNY
5 Scott
Y Y N Y
1 Rivers
Y Y N Y
1 Stubblefield
YNYYY
7 Hall
NYNYY
11 Taylor
Y Y N Y Y
2 Vacancy
6 Watts
YNYY?
MONTANA
10 Whitener
? Y N Y
SOUTH DAKOTA
5 Carter
NNYYY
1 Olsen
YNYYY
9 Broyhill
NYNYY
2 Berry
NYNYY
LOUISIANA
2 Battin
- N N Y
8 Jonas
NYNYY
1 Reifel
NYNYY
2 Boggs
YNYYY
NEBRASKA
NORTH DAKOTA
TENNESSEE
1 Hebert
? Y N ?
1 Callan
YNYYY
2 Redlin
YNYYY
6 Anderson
YNYYY
8 Long
NYNYY
2 Cunningham
NYNYY
1 Andrews
NYNYY
8 Everett
* X r t t
0 Morrison
YNYYY
3 Martin
Y Y N N Y
OHIO
4 Evins
Y X r t t
5 Passman
Y Y N Y
NEVADA
9 Ashley
YNYY
5 Fulton
YNY #
7 Thompson
NYN??
AL Baring
Y Y N Y Y
20 Feighan
YNYYY
9 Grider
YNYYY
4 Waggonner
Y Y N Y
NEW HAMPSHIRE
1 Gilligan
YNYYY
7 Murray
Y Y N Y
3 Willis
YNYY:
1 Huot
YNYYY
18 Hays
YNYYY
3 Brock
NYNYY
MAINE
2 Cleveland
NYYYY
19 Kirwan
YNYYY
2 Duncan
NYNYY
2 Hathaway
YYYYY
NEW JERSEY
3 Love
YNY??
1 Quillen
NYNYY
1 Tupper
? ? r Y Y
14 Daniels
YNYYY
10 Moeller
YNYYY
TEXAS
MARYLAND
13 Gallagher
YNYYY
15 Secrest
YNYYY
3 Beckworth
YNYYY
4 Fallon
YNYY Y #
9 Helstoski
YNYYY
AL Sweeney
YNYYY
2 Brooks
YNYYY
7 Friedel
YNYYY
3 Howard
YNY Y
21 Vanik
YNYYY
17 Burleson
Y Y N Y Y
3 Garmatz
YNYY
8 Joelson
YNYYY
17 Ashbrook
NYNYY
5 Cabell
YNYYY
2 Long
YNYYY
12 Krebs
YNYYY
14 Ayres
trXtt
22 Casey
5 Machen
YNYYY
11 Minish
YNYYY
8 Betts
NYNYY
15 De la Garza
YNYYY
AL Sickles
YNYYY
2 McGrath
YNYYY
22 Bolton
NYNYY
7 Dowdy
Y Y N Y Y
6 Mathias
NNYYY
15 Patten
YNYYY
16 Bow
NNNYY
21 Fisher
Y Y N Y Y
1 Morton
NNYYY
10 Rodino
YNYYY
7 Brown
NYNYY
20 Gonzalez
Y N Y Y Y
MASSACHUSETTS
4 Thompson
YNYYY
2 Clancy
NNNYY
19 Mahon
Y Y N Y Y
2 Boland
YNYYY
1 Cahill
NNYYY
12 Devine
NNNYY
1 Patman
YNYYY
11 Burke
YNYYY
6 Dwyer
NNYYY
6 Harsha
7 N N Y Y
10 Pickle
YNY
4 Donohue
YNYYY
5 Frelinghuysen
- I X Y Y
5 Latta
NYNYY
11 Poage
YNYYY
Macdonald
YNYYY
7 Widnall
???YY
4 McCulloch
NYNYY
AL Pool
Y Y N Y ?
9 McCormack
NEW MEXICO
23 Minshall
NYNYY
13 Purcell
YNY #
8 O'Neill
YNYYY
AL Morris
YNYYY
13 Mosher
- IXY Y
4 Roberts
YNNYY
3 Philbin
YNYYY
AL Walker
YNYYY
11 Stanton
NYNYY
18 Rogers
YNNYY
5 Bates
NNNYY
NEW YORK
OKLAHOMA
6
Teague
? Y N Y
1 Conte
NNYYY
27 Dow
YNYYY
3 Albert
YNYYY
8 Thomas
YNYY?
12 Keith
NYNYY
41 Dulski
YNYYY
2 Edmondson
YNYYY
9 Thompson
:--YY
20 Martin
? N Y Y ?
34 Hanley
YNYYY
5 Jarman
Y Y N Y Y
16 White
YYYYY
5 Morse
NYYYY
39 McCarthy
YNYYY
6 Johnson
YNYYY
12 Wright
#NYYY
MICHIGAN
29 O'Brien
YNYYY
4 Steed
YNYYY
14 Young
YNYYY
11 Clevenger
YNYYY
25 Ottinger
YNYYY
1 Belcher
NNNYY
UTAH
19 Farnum
YNYYY
1 Pike
YNYYY
OREGON
2 King
YNYYY
Mackie
YNYYY
28 Resnick
YNYY
4 Duncan
YNYYY
1 Burton
NYYYY
12 O'Hara
YNYYY
35 Stratton
YNYYY
3 Green
! Y Y Y
VERMONT
3 Todd
YNY??
5 Tenzer
YNYYY
2 Ullman
YNYYY
AL Stafford
NYYYY
2 Vivian
YNYYY
3 Wolff
YNYYY
1 Wyatt
NYNYY
VIRGINIA
18 Broomfield
NYNYY
37 Conable
NYNYY
PENNSYLVANIA
4 Abbitt
Y Y N Y
10 Cederberg
NYNYY
38 Goodell
NYNYY
25 Clark
YNYYY
1 Downing
Y Y N Y Y
6 Chamberlain
NYNYY
2 Grover
NNYYY
19 Craley
YNYYY
2 Hardy
Y Y N Y Y
5 Ford
NYNYY
36 Horton
YNYYY
21 Dent
YNYYY
9 Jennings
YNYYY
3 Griffin
NYNYY
30 King
NNNYY
11 Flood
YNY Y #
7 Marsh
Y Y N Y Y
8 Harvey
NYYYY
31 McEwen
NYNYY
20 Holland
YNYY
3 Satterfield
Y Y N Y Y
4 Hutchinson
NYNYY
32 Pirnie
NNYYY
14 Moorhead
YNYYY
8 Smith
? Y N Y
Detroit-Wayne
Co.
26 Reid
NNY
26 Morgan
YNYYY
5 Tuck
Y Y N Y
1 Conyers
YNYYY
Y
33 Robison
NYNYY
6 Rhodes
YNYYY
10 Broyhill
NYNYY
13 Diggs
YNYYY
40 Smith
NYNYY
15 Rooney
YNYYY
6 Poff
NYNYY
16 Dingell
YNYYY
4 Wydler
NNYYY
24 Vigorito
YNYYY
WASHINGTON
15 Ford
YNYYY
New York City
18 Corbett
NNYYY
7 Adams
YNYYY
17 Griffiths
YNYY
7 Addabbo
YNYYY
8 Curtin
NNYYY
5 Foley
YNYYY
14 Nedzi
YNYYY
23 Bingham
YNYYY
9 Dague
- 1 - 1 Y
3 Hansen
YNYYY
MINNESOTA
15 Carey
YNYYY
27 Fulton
NNYYY
6 Hicks
YNYYY
3 Blatnik
#NYYY
10 Celler
YNYYY
23 Johnson
NNNYY
2 Meeds
YNYYY
5 Fraser
YNYYY
9 Delaney
YNYYY
16 Kunkel
NNNYY
4 May
NYNYY
÷ Karth
YNYYY
19 Farbstein
YNYYY
10 McDade
NNYYY
1 Pelly
? Y N Y
5 Olson
YNYYY
22 Gilbert
YNYYY
22 Saylor
NYNYY
WEST VIRGINIA
7 Langen
NYNYY
12 Kelly
YNYYY
17 Schneebeli
NYNYY
4 Hechler
YNYYY
3 MacGregor
- r X I I
11 Keogh
YNYYY
13 Schweiker
NNYYY
5 Kee
YNYYY
2 Nelsen
NYNYY
13 Multer
YNYYY
7 Watkins
NNY??
3 Slack
YNYYY
I Quie
NYNYY
16 Murphy
YNYYY
12 Whalley
NNYYY
2 Staggers
YNYYY
MISSISSIPPI
18 Powell
YNYYY
Philadelphia City
1 Moore
NYYYY
1
Y Y N Y
14 Rooney
#NYYY
1 Barrett
YNYYY
WISCONSIN
5 Colmer
? Y N Y Y
8 Rosenthal
YNYYY
3 Byrne
YNYYY
2 Kastenmeier
YNY
2 Whitten
Y Y N Y Y
20 Ryan
YNYYY
5 Green
YNYYY
6 Race
YNYYY
3 Williams
YYNYY
21 Scheuer
YNYYY
2 Nix
YNYYY
5 Reuss
YNYYY
/ Walker
NYN?Y
24 Fino
NNYYY
4 Toll
? X r ? ?
1 Stalbaum
YNYYY
MISSOURI
6 Halpern
YNYYY
RHODE ISLAND
4 Zablocki
YNYYY
5 Bolling
YNYYY
17 Lindsay
YNYYY
2 Fogarty
NYYY
8 Byrnes
NYN Y
5 Hull
? ? r Y Y
NORTH CAROLINA
1 St. Germain
YNYYY
7 Laird
NYNYY
9 Hungate
YNYYY
1 Bonner
77777
SOUTH CAROLINA
10 O'Konski
YYYYY
B Ichord
YNYYY
4 Cooley
YYY #
4 Ashmore
Y Y N Y Y
3 Thomson
NYNYY
10 Jones
???YY
2 Fountain
Y Y N Y Y
3 Dorn
NYNYY
9 Davis
NYNYY
1 Karsten
YNYYY
3 Henderson
Y Y N Y Y
5 Gettys
YYNYY
WYOMING
÷ Randall
YNYYY
6 Kornegay
Y Y N Y
6 McMillan
# Y N Y #
AL Roncalio
YNYY?
3 Sullivan
YNYYY
7 Lennon
# Y N Y
Democrats in this type; Republicans in italics
1965 CQ ALMANAC - - 947
CQ House Votes 75 through 78.
(Corresponding to Congressional Record Roll-Call Vote Nos. 139, 140, 141, 142.)
House Votes To Establish Judicial Center; Extends Wetlands
And Older Americans Programs; Authorizes Duck Stamp Increase
75. HR 6111. Federal Judicial Center. Passage of the bill estab-
77. HR 480. Wetlands Acquisition. Passage of the bill to extend
lishing a Federal Judicial Center to foster improvements in federal
for eight years (through fiscal 1976) the period during which funds
judicial administration. Passed 230-97: R 98-45; D 132-52 (ND 102-
could be appropriated for acquisition of wetlands for conservation
6; SD 30-46), June 19, 1967. A "yea" was a vote supporting the
of migratory waterfowl. Passed 329-8: R 140-6; D 189-2 (ND 111-1;
President's position.
SD 78-1), June 19, 1967. A "yea" was a vote supporting the
President's position.
76. HR 10730. Older Americans Act. Passage of the bill to ex-
tend for two years (through fiscal 1972) the grant provisions of the
78. HR 482. Duck Stamps. Passage of the bill authorizing the
Older Americans Act of 1965 and authorize a fiscal 1968 appropria-
Secretary of Interior to increase the cost of migratory bird hunting
tion of $16,950,000. Passed 333-0: R 146-0; D 187-0 (ND 113-0;
stamps from $3 to a maximum of $5. Passed 238-97: R 105-40;
SD 74-0), June 19, 1967. A "yea" was a vote supporting the Presi-
D 133-57 (ND 95-15; SD 38-42), June 19, 1967. A "yea" was a
dent's position.
vote supporting the President's position.
2228
76
77
78
78 77
2228
- KEY
ALABAMA
Los Angeles Co.
GEORGIA
Y Record vote for (yea).
3 Andrews
NYYY
29 Brown
#YY#
3 Brinkley
NYYN
Paired for.
7 Bevill
NYYN
22 Corman
YYYY
7 Davis
NYYY
# Announced for or CQ poll for.
8 Jones
YYYY
21 Hawkins
# # # #
6 Flynt
NYYN
N Record vote against (nay).
4 Nichols
N * Y Y
19 Holifield
YYYY
1 Hagan
NYYN
X Paired against.
5 Selden
N + Y Y
17 King
YYYY
9 Landrum
YYYY
- Announced against or CQ poll
6 Buchanan
NYYY
26 Rees
YYYY
2 O'Neal
NYYN
against.
2 Dickinson
NYYY
30 Roybal
?Y??
10 Stephens
####
? Absent, general pair, "present" or
1 Edwards
YYYY
31 Wilson
????
8 Stuckey
YYYN
did not announce or answer poll.
ALASKA
28 Bell
YYYY
4 Blackburn
YYYY
AL Pollock
YYYN
23 Clawson
YYYY
5 Thompson
YYYY
ARIZONA
32 Hosmer
YYYY
HAWAII
2 Udall
YYYY
24 Lipscomb
YYYY
AL Matsunaga
YYYY
SAN
77
1 Rhodes
YYYY
27 Reinecke
YYYY
AL Mink
YYYY
3 Steiger
# # - -
20 Smith
YYYY
IDAHO
INDIANA
ARKANSAS
25 Wiggins
YYYY
3 Brademas
YYYY
YYYY
2 Hansen
1 Gathings
NYYY
COLORADO
1 McClure
NYYN
9 Hamilton
YYYY
2 Mills
YYYN
4 Aspinall
ILLINOIS
11 Jacobs
YYYN
YYYY
4 Pryor
3 Evans
YY??
1 Madden
YYYN
21 Gray
? Y ? ?
YYYN
3 Hammerschmidt
YYYY
1 Rogers
YYYN
24 Price
YYYY
5 Roush
****
CALIFORNIA
2 Brotzman
23 Shipley
YYYN
4 Adair
YYYN
YYYY
5 Burton
YYYN
CONNECTICUT
16 Anderson
YYYY
6 Bray
NYYY
7 Cohelan
YYYY
1 Daddario
17 Arends
YYYY
2 Halleck
Y $ Y Y
??YY
9 Edwards
YYYY
3 Giaimo
TYYY
14 Erlenborn
YYYY
7 Myers
YYYY
34 Hanna
****
4 Irwin
# # Y Y
20 Findley
YYYN
10 Roudebush
NYYY
2 Johnson
YYYN
5 Monagan
YYYY
12 McClory
YYYY
8 Zion
N?YY
4 Leggett
* # * -
2 St. Onge
****
18 Michel
NY # -
IOWA
15 McFall
2 Culver
YYYY
YYYY
6 Meskill
* * * *
19 Railsback
YYYN
8 Miller
Y * Y Y
DELAWARE
15 Reid
NYYY
5 Smith
YY #
3 Moss
YYYY
AL Roth
22 Springer
YYYY
3 Gross
YYYY
NYYN
16 Sisk
YYYY
FLORIDA
Chicago-Cook Co.
4 Kyl
NYYN
38 Tunney
YYYY
3 Bennett
NYYY
7 Annunzio
YYYY
6 Mayne
YYYN
37 Van Deerlin
YYYY
12 Fascell
1 Dawson
YYYY
7 Scherle
YYYY
NYYN
14 Waldie
YYYN
2 Fuqua
NYYN
5 Kluczynski
???Y
1 Schwengel
YYYY
1 Clausen
****
6 Gibbons
YYYY
3 Murphy
YYYY
KANSAS
10 Gubser
YYYY
7 Haley
2 Hara
YYYY
I Dole
NYYN
NYYN
6 Mailliard
YYYY
4 Herlong
YYYY
11 Pucinski
YYYY
2 Mize
NYYY
18 Mathias
YYYY
11 Pepper
YYYY
6 Ronan
****
4 Shriver
NYYN
33 Pettis
8 Rostenkowski
****
5 Skubitz
9 Rogers
NYYN
YYYY
NYYY
12 Talcott
YYYN
1 Sikes
NYYY
9 Yates
****
3 Winn
NYYN
13 Teague
YYYY
10 Burke
NYYY
10 Collier
YYYY
KENTUCKY
35 Utt
####
8 Cramer
YYYY
4 Derwinski
NYYY
2 Natcher
YYYY
36 Wilson
#YY#
5 Gurney
NYYY
13 Rumsfeld
YYYN
7 Perkins
YYYY
11 Younger
1 Stubblefield
YYYY
????
Democrats in this type; Republicans in italics
36-H -- 1967 CO AI MANAC
CQ House Votes 75 through 78.
(Corresponding to Congressional Record Roll-Call Vote Nos. 139, 140, 141, 142.)
78
2222
2022
77
6 Watts
YYYY
2 Curtis
# # Y
11 Tavlor
NYYY
1 Rivers
5 Carter
NYYY
7 Hall
NYYY
NYNN
10 Whitener
YYYN
2 Watson
****
NYYN
3 Cowger
MONTANA
9 Broyhill
YYYY
4 Snyder
NYYY
****
SOUTH DAKOTA
1 Olsen
4 Gardner
NYYN
2 Berry
YYYN
LOUISIANA
2 Battin
YYYY
8 Jonas
NYYY
YYYY
1 Reifel
YYYN
2 Boggs
NEBRASKA
NORTH DAKOTA
7 Edwards
NYYN
2 Cunningham
1 Andrews
# # # #
TENNESSEE
YYYY
NYYN
6 Anderson
I Hebert
1 Denney
* # # Y
Y # Y Y
2 Kleppe
****
7 Blanton
NYYN
3 Martin
* * * *
S Long
YYYY
OHIO
NYYN
8 Everett
NYYY
5 Passman
NEVADA
9 Ashley
YYYY
6 Rarick
NYYN
4 Evins
Y $ Y Y
AL Baring
NYYN
20 Feighan
YYYY
5 Fulton
4 Waggonner
NYYN
+YYY
NEW HAMPSHIRE
18 Hays
YYYY
3 Willis
# # # X
3 Brock
2 Cleveland
YYYY
YYYY
19 Kirwan
YY?Y
2 Duncan
1 Wyman
YY**
NYNN
MAINE
21 Vanik
YYYY
YYYY
9 Kuykendall
2 Hathaway
NEW JERSEY
17 Ashbrook
****
- # # #
YYYY
I Quillen
NYYN
I Kyros
14 Daniels
YYYY
14 Ayres
YYYY
TEXAS
MARYLAND
13 Gallagher
#YYY
8 Betts
YYYY
9 Brooks
YYY?
YYYY
22 Bolton
????
4 Fallon
9 Helstoski
YY??
17 Burleson
YYYY
NYYY
7 Friedel
3 Howard
YYY
16 Bow
NYYY
5 Cabell
YYYY
* * * *
3 Garmatz
8 Joelson
YYYY
7 Brown
NYYY
YYYY
11 Minish
YYYY
22 Casey
YYYN
2 Long
2 Clancy
NYYY
15 de la Garza
YYYY
NYYN
5 Machen
15 Patten
YYYY
12 Devine
- INY
YYYY
2 Dowdy
NYYN
8 Gude
10 Rodino
YYYY
6 Harsha
YYYN
8 Eckhardt
6 Mathias
? Y Y Y
****
YYYY
4 Thompson
5 Latta
NYYY
21 Fisher
* * * *
NYYY
I Morton
6 Cahill
****
24 Lukens
YYYN
20 Gonzalez
YYYN
MASSACHUSETTS
12 Dwyer
YYYN
4 McCulloch
YYYY
23 Kazen
YYYN
2 Boland
YYYY
5 Frelinghuysen
* * Y N
10 Miller
YYYY
19 Mahon
NYYY
11 Burke
YYYY
1 Hunt
NYYN
23 Minshall
###-
1 Patman
$ Donohue
YYYY
Y 1 ? ?
2 Sandman
****
13 Mosher
YYYY
10 Pickle
YYYN
7
????
7 Widnall
YYYN
11 Stanton
YYYY
11 Poage
NYYN
9 McCormack
NEW MEXICO
1 Taft
NYYY
3 Pool
8 0 Neill
# # #
?YYN
AL Morris
NYYY
3 Whalen
YYYY
13 Purcell
YYYY
* * * *
3 Philbin
AL Walker
NYYY
15 Wylie
YYYY
4 Roberts
NYYN
6 Bates
YYYY
NEW YORK
OKLAHOMA
I Conte
Y Y #
6 Teague
???N
27 Dow
YYYY
3 Albert
YYYY
16 White
10 Heckler
****
****
41 Dulski
****
2
YYYN
12 Keith
12 Wright
YYYN
YYYY
34 Hanley
YYYY
5 Jarman
YYYN
5 Morse
14 Young
YYYN
****
39 McCarthy
YYYY
4 Steed
YYYN
7 Bush
YYYY
MICHIGAN
25 Ottinger
YYYY
1 Belcher
*YYY
18 Price
NYNN
12 0 Hara
????
1 Pike
YYYN
6 Smith
#YYN
UTAH
18 Broomfield
YYY-
28 Resnick
####
OREGON
1 Burton
3 Brown
NYYN
# # # #
35 Stratton
YYYN
3 Green
YYYY
2 Lloyd
10 Cederberg
YYYN
? Y Y Y
5 Tenzer
YYYY
2 Ullman
YYY
VERMONT
8 Chamberlain
YYYY
3 Wolff
YYYY
4 Dellenback
YYY
2 Esch
AL Stafford
# # # #
YYYY
29 Button
YYYY
1 Wyatt
YYYN
VIRGINIA
Ford
YYYY
37 Conable
YYYY
PENNSYLVANIA
4 Abbitt
, Harvey
YYYY
????
38 Goodell
NYYY
25 Clark
####
4 Hutchinson
1 Downing
YYYY
YYYN
2 Grover
YYYY
21 Dent
? Y Y Y
19 McDonald
2 Hardy
NYYN
YYYY
36 Horton
YYYY
11 Flood
YYYY
7 Marsh
i Riegle
NYYY
YYYY
30 King
NYYY
20 Holland
YY
3 Satterfield
11 Ruppe
NYYY
* # I N
31 McEwen
????
14 Moorhead
* * * *
5 Tuck
9 Vander Jagt
YYYN
YYYN
32 Pirnie
* * * *
26 Morgan
YYYY
10 Broyhill
Detroit-Wayne Co.
Y # # #
26 Reid
YYY
6 Rhodes
YYYY
I Conyers
6 Poff
YYYY
????
33 Robison
YYYY
15 Rooney
####
8 Scott
13 Diggs
YYYY
* * * *
40 Smith
YYYY
24 Vigorito
YYYY
16 Dingell
9 Wampler
YYYY
YYYY
4 Wydler
YYYY
8 Biester
YYYY
15 Ford
WASHINGTON
# # # #
New York City
18 Corbett
####
7 Adams
17 Griffiths
YYYY
YYYY
7 Addabbo
YYYY
16 Eshleman
NYYY
14 Nedzi
5 Foley
****
YYYY
MINNESOTA
23 Bingham
YYYY
27 Fulton
* * * *
3 Hansen
????
11 Brasco
# # # #
19 Goodling
YYYY
6 Hicks
, Blatnik
YYYN
YYY?
$ Fraser
15 Carey
* * * *
23 Johnson
####
2 Meeds
Y?YY
????
10 Celler
Y??Y
10 McDade
YYYY
4 Karth
4 May
# # #
* * * *
$ Y Y
22 Saylor
NYYY
Langen
9 Delaney
1 Pelly
YYYY
NYNN
19 Farbstein
YYYY
17 Schneebeli
YYYY
3 MacGregor
WEST VIRGINIA
YYYY
2 Nelsen
22 Gilbert
YYYY
13 Schweiker
YYYY
4 Hechler
# # # -
YYYY
/ Quie
12 Kelly
YYYY
9 Watkins
????
5 Kee
YYYY
YYYY
8 Zwach
13 Multer
YYYY
12 Whalley
????
3 Slack
- # #
YYYY
MISSISSIPPI
16 Murphy
$ Y Y
7 Williams
NYYY
2 Staggers
YYYY
! Abernethy
18 Vacancy
Philadelphia City
I Moore
NYYN
# # #
5 Colmer
14 Rooney
# $ Y
1 Barrett
YYYY
WISCONSIN
N?YN
4 Montgomery
8 Rosenthal
YYYY
3 Byrne
YYYY
2 Kastenmeier
YYYN
NYYY
2 Whitten
20 Ryan
YYYY
4 Eilberg
YYYY
5 Reuss
NYYN
****
$ Williams
21 Scheuer
* * * *
5 Green
????
4 Zablocki
????
****
MISSOURI
24 Fino
* * * *
2 Nix
****
8 Byrnes
# # # #
5 Bolling
6 Halpern
# # # #
RHODE ISLAND
9 Davis
YYYY
NYNN
6 Hull
17 Kupferman
YYYY
1 St. Germain
????
7 Laird
NYYY
YYYY
9 Hungate
NORTH CAROLINA
2 Tiernan
* # * *
10 )'Konski
YYYY
# # - -
5 Ichord
2 Fountain
NYYN
SOUTH CAROLINA
I Schadeberg
NYNN
NYYY
10 Jones
5 Galifianakis
NYYY
4 Ashmore
YYNN
6 Steiger
NYYN
YYYN
1 Karsten
3 Henderson
NYYN
3 Dorn
NYYY
3 Thomson
YYYY
NYYY
4 Randall
I Jones
NYYN
5 Gettys
- # # #
WYOMING
3 Sullivan
YYYN
6 Kornegay
NYYY
6 McMillan
NYYN
AL Harrison
YYYY
NYYN
7 Lennon
NYYY
Democrats in this type; Republicans in italics
1967 CQ ALMANAC-- 37-H
MAJOR CONGRESSIONAL ACTION
OLDER AMERICANS ACT AMENDMENTS see ee follannisps House
Congress Sept. 3 completed action on a bill (HR
COMMITTEE-House Education and Labor, Select
11235) extending the Older Americans Act of 1965 (PL
Subcommittee on Education; John Brademas (D Ind.),
89-73). The main feature of the bill was the addition of
chairman.
a new provision to the law creating a Retired Service
HELD HEARINGS-May 6-8 on HR 10767, HR
Volunteer Program to provide community services with-
11048 and other bills to extend the Older Americans Act
out compensation. The bill also expanded the foster
of 1965. The Act was due to expire June 30, 1969.
grandparents program under which people over 60 care
Both HR 11048, the Administration bill, and HR
for retarded and orphaned children.
10767, introduced by Brademas and Rep. Ogden R. Reid
Final action came when the House Sept. 3 agreed to
(R N.Y.), extended funding authority for the program
minor amendments added by the Senate. The President
through June 1972, provided additional assistance for
signed the bill (PL 91-69) Sept. 17.
state agencies on aging and expanded programs of volun-
teer service by older people. HR 10767 authorized specific
Background
grant amounts while the Administration bill left authori-
zations open-ended. HR 10767 also created a new Retired
Service Volunteer Program. The Administration bill ex-
Congress in 1965 passed the Older Americans Act
panded the foster grandparents program by including
(PL 89-73). It created an Administration on Aging within
"senior companions" for the aged and disabled and trans-
the Department of Health, Education and Welfare and
ferring the program from the Office of Economic Oppor-
authorized grants to develop programs for the elderly.
tunity (OEO) to the Department of Health, Education
The bill authorized $17.5 million for fiscal 1966 and 1967.
and Welfare (HEW). (For Nixon Jan. 19 announcement
In 1967, Congress extended grant programs by authorizing
of intent to transfer foster grandparents program, see
$16,950,000 for fiscal 1968 and $26 million for fiscal 1969.
poverty message p. 33-A; for Aug. 11 statement on re-
A 1968 bill authorizing grants for increased social service
organization of OEO, see p. 79-A.)
roles by older persons passed the House but was not
TESTIMONY-May 6-Mary Switzer, administra-
acted on by the Senate. (See 1965 Almanac p. 356, 1967
tor of the Social and Rehabilitation Service of HEW, said
Almanac p. 302, 1968 Almanac p. 567.)
the most important goal of new legislation should be to
strengthen the state agencies on aging. She said budgeting
PROVISIONS-As enacted, HR 11235:
restrictions prevented the Nixon Administration from
Set total authorizations at $62 million for fiscal
creating substantial new programs for the elderly.
1970, $85 million for fiscal 1971 and $105 million for fiscal
May 8-William Hutton, executive director of the
1972.
National Council of Senior Citizens, said he hoped for more
Authorized appropriations over the three years of
visibility and more money for the Administration on Aging.
$75 million for state and community projects and $47
Thomas Bradley, councilman and 1969 mayoral
million for research, demonstration and training proj-
candidate of the City of Los Angeles, urged the Subcom-
ects.
mittee "to consider authorizing grants or contracts which
Authorized a Retired Service Volunteer Program
would permit city governments to buttress services to the
(RSVP) for persons aged 60 and over to provide com-
elderly."
munity services without compensation. The bill autho-
ACTION-The full Committee June 5 reported a
rized $30 million over three years for reimbursement
clean bill (HR 11235-H Rept 91-285) to amend the Older
of out-of-pocket expenses incident to RSVP services.
Americans Act of 1965. HR 11235 combined provisions of
Authorized appropriations totaling $60 million over
HR 11048, the Administration-backed bill, and HR 10767,
the three years for the foster grandparents program under
cosponsored by Brademas and Reid.
which people over 60 care for retarded and orphaned
Major Provisions. HR 11235 extended funding au-
children.
thority for the grant programs of the Older Americans
Established new requirements for statewide plan-
Act for three years, through fiscal 1972. It authorized ap-
ning of programs for older people and separated autho-
propriations over the three-year period of $75 million for
rizations for such planning from the grant funds available
state and community projects and $47 million for re-
to states. Planning authorizations totaled $15 million
search, demonstration and training projects. Total author-
through fiscal 1972.
izations were set at $62 million for fiscal 1970, $85 mil-
Provided for reallotment of unused funds granted
lion for fiscal 1971, and $105 million for fiscal 1972.
under the Older Americans Act for administration of state
The bill authorized a Retired Service Volunteer Pro-
plans. The funds would go to states which could use them,
gram (RSVP) for persons aged 60 and over to provide
with the exception that, through fiscal 1971, a state
community services without compensation. HR 11235 au-
lacking legal authority to use all its yearly allotment
thorized $30 million over three years for reimbursement
could carry over unused funds to the next fiscal year.
of out-of-pocket expenses incident to RSVP services.
Permitted continuation of federal support to states
Appropriations totaling $60 million over the three-
for community projects and services beyond the fiscal
year period were authorized for the foster grandparents
years 1967-1969 provided for in the 1967 Older Ameri-
program under which older people cared for retarded
cans Act Amendments (PL 90-42). The federal share
and orphaned children.
would continue at 50 percent.
The bill established new requirements for state-
Authorized $25 million over a three-year period for
wide planning of programs for older people and sep-
areawide model community projects to be conducted
arated authorizations for such planning from the grant
through the Secretary of HEW.
funds available to states.
1969 CQ ALMANAC-223
Older Americans Act Extension - 2
MAJOR CONGRESSIONAL ACTION
HR 11235 provided for further federal support, in the
Authorized appropriations over the three-year period
form of grants, to states for community planning, services
of $75 million for state and community projects and $47
and training. The House bill extended the federal share
million for research, demonstration and training projects.
at 50 percent indefinitely.
Authorized a Retired Service Volunteer Program
The bill also authorized the Secretary of Health,
(RSVP) for persons aged 60 and over to provide com-
Education and Welfare to conduct areawide model proj-
munity services without compensation. The bill authorized
ects and authorized appropriations of $25 million over
$30 million over three years for reimbursement of out-of-
the three-year period for such projects.
pocket expenses incident to RSVP services.
Major Changes. HR 11235 was similar to HR 10767
Authorized appropriations totaling $60 million over
but adopted some provisions of the Administration-backed
the three-year period for the foster grandparents program
bill (HR 11048). Authorizations of appropriations in HR
under which older people care for retarded and orphan-
11235 were the same as in HR 10767. Authorizations in
ed children.
HR 11048 were open-ended. HR 10767 included a pro-
Established new requirements for statewide plan-
vision for establishment of the Retired Service Volunteer
ning of programs for older people and separated authori-
Program. HR 11048 did not provide for such a program
zations for such planning from the grant funds available
but expanded the foster grandparents program. The
to states.
House bill did not include the proposals in HR 11048 in-
Permitted continuation of federal financial support
corporating a "senior companions" provision in the foster
to states for community projects at 50 percent. Existing
grandparents program and transferring the program from
law had limited the duration of federal support for such
OEO to HEW.
projects to fiscal 1967-1969.
HR 11235 included provisions of HR 11048 for extend-
Authorized the Secretary of Health, Education and
ing the duration of federal support for projects, evalua-
Welfare to conduct areawide model projects and autho-
tion of projects, and joint funding of projects by federal
rized appropriations of $25 million over the three-year
agencies.
period for such projects.
Committee Views. The Committee said the Older
Americans Act had "provided services and opportunities
Senate
for the nation's elderly that were previously unavailable
or nonexistent." The Committee called the proposed
COMMITTEE-Senate Labor and Public Welfare,
RSVP program a "major innovation." It said HR 11235
would "open up new doors of opportunity for older people
Special Subcommittee on Aging; Edward M. Kennedy (D
who wish to be of service to others" and "increase and
Mass.), chairman.
strengthen the leadership role of State commissions and
HELD HEARINGS-June 19 on S 268, S 2120 and
agencies on aging
HR 11235, bills to extend the Older Americans Act of
1965. S 268 was similar to HR 11235. S 2120 was the Ad-
voice
Floor Action
ministration bill.
vote
The House June 16 by voice vote and without amend-
TESTIMONY-June 19-Kennedy said the June
ment passed and sent to the Senate HR 11235
30 expiration "gives us the opportunity and an incentive
Chairman Carl D. Perkins (D Ky.) of the Education
to take note of successes under the Act, and to look for-
and Labor Committee, which reported the bill, said the
ward to the years of the 1970s to see how we can make
amendments to the Older Americans Act provided in
them much more useful."
HR 11235 "are strong foundation blocks in building a
Kennedy said he was "keenly disappointed" with the
network of services to meet the needs of our nation's
Nixon Administration budget request of $2.6 million for
elderly."
training of personnel to serve the aging, compared with a
The Democratic cosponsor of HR 11235, Rep. John
Johnson request of $3.5 million. He cited a report by the
Brademas (Ind.), said the bill would "provide new
Administration on Aging that said most service programs
strength and flexibility to a federal-state-local partner-
on aging were faced with critical shortages of trained
ship which has already demonstrated its potential in
personnel.
creating services and opportunities for older Americans."
John B. Martin, newly appointed commissioner of
The Republican cosponsor, Rep. Ogden R. Reid
the Administration on Aging, said the "solid accomplish-
(N.Y.). called the establishment of a new volunteer
ments" of grant programs of the Older Americans Act
service program a major innovation.
clearly justified their extension. He said S 2120, which
Rep. William A. Steiger (R Wis.), who had intro-
authorized open-ended appropriations, would allow
duced the Administration bill (HR 11048), said "the
flexibility in financing projects. He said the Nixon Budget
specific money authorizations in HR 11235 are unreal-
for fiscal 1970 recommended appropriations of a little
istic in view of the current budget situation."
more than $19 million for grant programs of the Older
Rep. H.R. Gross (R Iowa) agreed with Steiger.
Americans Act.
Gross said HR 11235 almost quadrupled appropriations
William R. Hutton, executive director of the National
for each fiscal year and said he wondered "where it
Council of Senior Citizens, said the proposed volunteer
is proposed to get the money for this kind of an increase
programs of HR 11235 and S 268 would "open the door
at this time."
to many new opportunities for retired men and women
PROVISIONS-As passed by the House, HR 11235
who have incomes sufficient to make them self-supporting
set total authorizations at $62 million for fiscal 1970,
but who would like to volunteer their services for socially
$85 million for fiscal 1971 and $105 million for fiscal
useful tasks that are not now and normally would never
1972.
be available to the elderly."
224-1969 CQ ALMANAC
MAJOR CONGRESSIONAL ACTION
Hutton said the Administration on Aging had "a
FEDERAL TRAVEL ALLOWANCE
great unrealized potential" but had been "downgraded"
in HEW.
The House Oct. 30 by voice vote cleared for the
President's signature a bill (HR 337-PL 91-114) to
ACTION-The full Committee Aug. 5 reported
raise maximum per-diem allowances for federal em-
HR 11235 (S Rept 91-340) extending for three years,
ployees traveling on official business.
through fiscal 1972, funding authorizations for the grant
Congress completed action on the bill when the
programs of the Older Americans Act of 1965 and autho-
House voted to accept the Senate's amendments to
rizing a new program of service by older people.
HR 337, which set the new per-diem travel allowances
for federal employees at $25 for expenses allowed for
Major Provisions. As reported by the Senate Com-
U.S. travel, $40 for travel under unusual circumstances,
mittee, HR 11235 was identical to the House-passed bill
on an actual expense basis which exceeded the $25-
with the exception of two amendments:
limit, and $18 for foreign travel.
Through fiscal 1971, whenever a state lacked legal
The House had voted March 26 to set these levels
authority to use all its allotment for planning under the
at $22, $35 and $15 respectively. The bill had been
Act, the unused portion could be carried over to the next
reported by the House Government Operations Com-
fiscal year. (Under the House-passed bill, the unused
mittee March 20 (H Rept 91-111).
funds were to be made available to states which could
The Senate Government Operations Committee Oct.
use them during the same fiscal year.) If states still had
3 reported HR 337 (S Rept 91-450) with amendments
a surplus of funds at the end of the fiscal year despite
containing the higher allowances. The Senate accepted
legal authority to use them, the Senate bill then would
the Committee version by voice vote Oct. 8.
make the funds available to other states-incorporating
The bill also increased per-diem allowances for
the language of the House bill.
Senators and Senate employees from $16 to $25 and ac-
New participants in the foster grandparents program
tual expense allowances from $30 to $40 when autho-
must be of low income.
rized by the Rules and Administration Committee.
HR 337 amended existing law (PL 87-139) which
Committee Views. The Committee said the strict
had provided for per-diem allowances of $16 for U.S.
reallotment provision of the House version of HR 11235
travel, $30 maximum on an actual cost basis for travel
would work an undue hardship on states lacking legal
under unusual circumstances and $10 for foreign travel.
authority to use all their planning funds because their
The House passed a travel allowances bill in 1968,
legislatures had adjourned or met only biennially.
but the Senate did not act on the measure. (1968
In requiring that foster grandparents be older per-
Almanac p. 26-H)
sons with low incomes, the Committee said with only a
few thousand foster grandparent positions available,
priority should go to applicants among the 5 million
older Americans with incomes below the poverty line.
LABOR-MANAGEMENT TRUST FUND
Floor Action
The Senate Oct. 1 accepted by voice vote a House
The Senate Aug. 13 by voice vote passed and sent
amendment and cleared for the President's signature a
back to the House HR 11235 with the two committee
bill (S 2068-S Rept 91-293) to amend the Labor-Man-
amendments. No floor amendments were added.
agement Relations Act of 1947 to permit employers to
Edward M. Kennedy (D Mass.), chairman of the
contribute to trust funds to provide scholarships for em-
Labor and Public Welfare Committee's Special Sub-
ployees and their dependents or establish child care
committee on Aging, praised achievements under the
centers for dependents of employees. The Senate origi-
grant programs of the Older Americans Act and urged
nally passed S 2068 by voice vote on Sept. 12. The Presi-
their extension. He said it was "a small wonder but a
dent signed the bill Oct. 14 (PL 91-86).
large disgrace" that older citizens often were ignored in
The House Sept. 29 passed a similar bill (HR 4314-
an age emphasizing youth and change.
H Rept 91-286) by a 354-1 roll-call vote. The House bill
Winston L. Prouty (R Vt.) said that requiring all
limited payments to trust funds. The Senate bill per-
foster grandparents to be of low income, as in the House-
mitted payments to individuals also. The House then
passed bill, would exclude some older persons already
substituted the language of HR 4314 for that of S 2068 and
participating in the program. He said the amendment
passed the amended S 2068 by voice vote. (See vote 88 p.
limiting this requirement to new participants did not com-
46-H.)
pletely satisfy his desire to emphasize service to children
The measure would allow management to contribute
rather than income for the elderly participants. It would
money or other gifts to trust funds which could be used to
have been preferable, said Prouty, to give the Secretary
finance scholarships for employees and their families.
of Health, Education and Welfare (HEW) discretion to
Such money also could be used to establish child care
determine eligibility in the program.
centers for preschool and school-age dependents of em-
ployees.
Final Action
The Labor-Management Relations Act of 1947 (PL
80-101), Section 302, had prohibited payment by em-
The House Sept. 3 by voice vote accepted the two
ployers to union officials of money or any other items of
Senate amendments to HR 11235, thus clearing the bill
value, with certain exceptions. (For 1968 action, see 1968
for the President's signature.
Almanac p. 522.)
1969 CQ ALMANAC-225
CQ House Votes 13-19
- KEY -
17
Y Record vote for (yea).
Paired for.
4 McKinney
YNNYYYY
KANSAS
1 Announced for.
8 O'Neill
5 Monagan
/ Sebelius
YYNYYYY
# CQ poll for.
YYYYYYY
YNYYNYY
9 Hicks
N Record vote against (nay).
6 Grasso
YYYYYYY
2 Roy
YYYYYYY
YY?Y???
10 Heckler
DELAWARE
3 Winn
YNYYYYY
X Paired against.
YNYYYYY
11 Burke
Announced against.
AL DuPont
YNNYYYY
4 Shriver
YYYYYYY
YNYYYYY
12 Keith
CQ poll against.
FLORIDA
5 Skubitz
YNNYYYY
YNNYYYY
MICHIGAN
? Not voting, voted "present," did
1 Sikes
YYNYYYY
KENTUCKY
1 Conyers
not announce or answer poll.
2 Fuqua
1 Stubblefield
YYNYYYY
YYYYYYY
Y Y N Y Y ? ?
2 Esch
T Recorded teller vote.
3 Bennett
2 Natcher
YNNYYYY
YYYYYYY
YYYYYYY
3 Brown
4 Chappell
3 Mazzoli
YNYY###
YYYYYYY
Y Y N Y N Y Y
4 Hutchinson
5 Frey
YNNYNYY
?NNYYYY
4 Snyder
YNYYNYY
5 Ford
6 Gibbons
YNNYYYY
YYOY###
5 Carter
YNNY###
6 Chamberlain
7 Haley
YNYYYYY
YYYYYYY
6 Curlin
YYYYYYY
7 Riegle
ALABAMA
8 Young
??YYY#Y
YNYYYYY
7 Perkins
YYYYYYY
8 Harvey
Y???YYY
1 Edwards
YNNYYYY
9 Rogers
YYNYYYY
LOUISIANA
9 Vander Jagt
YNYYYYY
2 Dickinson
YNYYYYY
10 Burke
YNYYYYY
1 Hebert
????YYY
10 Cederberg
YNYYYYY
3 Vacancy
11 Pepper
Y?NYYYY
2 Boggs
YYNYYYY
11 Ruppe
YNNY###
4 Nichols
YYYYYYY
12 Fascell
YYNYYYY
3 Caffery
YYYYYYY
12 O'Hara
YY??YYY
5 Flowers
YY##YYY
GEORGIA
4 Waggonner
YYYYYNY
13 Diggs
YYNYYYY
6 Buchanan
YNYYYYY
1 Hagan
YY?YYYY
5 Passman
## # # Y Y Y
14 Nedzi
YYNYYYY
7 Bevill
YYYYYYY
2 Mathis
YYYNYY
6 Rarick
YYYYNNN
15 Ford
YYYYYYY
8 Jones
YY??YYY
3 Brinkley
YYYYYY#
7 Edwards
##.####
16 Dingell
YYNYYYY
ALASKA
4 Blackburn
#NNYYNY
8 Long
YYYYYYY
17 Griffiths
YY??YYY
AL Begich
YYNYYYY
5 Thompson
YN??YYY
MAINE
18 Broomfield
YNYYYYY
ARIZONA
6 Flynt
Y Y ? ? N N Y
1 Kyros
YYNYYYY
19 McDonald
Y??YYY?
1 Rhodes
YNNYYYY
7 Davis
# # Y Y Y Y #
2 Hathaway
YYNYYYY
MINNESOTA
2 Udall
YYO#YYY
8 Stuckey
YY??YYY
MARYLAND
1 Quie
YNNY###
3 Steiger
YNNYNNY
9 Landrum
YYYYYYY
1 Mills
YNNY###
2 Nelsen
YNNYYYY
ARKANSAS
10 Stephens
YYYYYYY
2 Long
YYYYYYY
3 Frenzel
YNNYYYY
1 Alexander
???????
HAWAII
3 Garmatz
YYNYYYY
4 Karth
??NYYYY
2 Mills
????YYY
1 Matsunaga
YYNYYYY
4 Sarbanes
??YY?YY
5 Fraser
YYNYYYY
3 Hammerschmic YNYYYYY
2 Mink
YYNYYYY
5 Hogan
YNNYYYY
6 Zwach
YNYY???
4 Pryor
???????
IDAHO
6 Byron
YYNYYYY
7 Bergland
YYYYYYY
CALIFORNIA
1 McClure
YNNYYYY
7 Mitchell
? ? N Y Y Y Y
8 Blatnik
???????
1 Clausen
YNN Y Y Y Y Y
2 Hansen
####YYY
8 Gude
# # N Y Y Y Y
MISSISSIPPI
2 Johnson
# Y Y Y Y Y Y
ILLINOIS
MASSACHUSETTS
1 Abernethy
YYYYYYY
3 Moss
Y Y N Y Y Y Y
1 Metcalfe
YYNYYYY
1 Conte
YNNY?YY
2 Whitten
YYYYYYY
4 Leggett
#YYYYYY
2 Mikva
YYNYYYY
2 Boland
YYYYNYY
3 Griffin
YYYYNYY
5 Burton
Y Y N Y Y Y Y
3 Murphy, M.
YYNYYY
3 Drinan
YYNYYYY
4 Montgomery
YYYYYYY
6 Mailliard
YNYYYYY
4 Derwinski
YNYYYYY
4 Donohue
YYYYYYY
5 Colmer
# # Y Y Y N N N
7 Dellums
YYNY###
5 Kluczynski
YYNYYYY
5 Morse
YNNYNYY
MISSOURI
8 Miller
YYYYYYY
6 Collins
YYNYYYY
6 Harrington
? Y N Y Y Y Y
1 Clay
???????
9 Edwards
YYNYYYY
7 Annunzio
YYNYYYY
7 Macdonald
YY?Y###
2 Symington
YYNYYYY
10 Gubser
YNNYYYY
8 Rostenkowski
YYYYYYY
11 McCloskey
YNYY###
9 Yates
YYNYYYY
12 Talcott
YNNYYYY
10 Collier
YNYYYYY
13 Teague
YNYYNNY
11 Pucinski
YYYYYYY
14 Waldie
YYYYNYY
12 McClory
YNNYYYY
15 McFall
Y Y N Y Y Y Y
13 Crane
YNYY???
16 Sisk
YYYYYYY
14 Erlenborn
YNNYYYY
17 Anderson
YYYYNYY
15 Vacancy
18 Mathias
YNYYYYY
16 Anderson
YNNYYYY
19 Holifield
#YNYYYY
17 Arends
YNYYYYY
20 Smith
YNNYYYY
18 Michel
YNNYNNY
21 Hawkins
Y?NY???
19 Railsback
YNNY###
13. HR 7987. Bicentennial Medals. Passage of the bill to
22 Corman
##?####
20 Findley
YN??YYY
provide for the striking of medals in commemoration of the
23 Clawson
YNNYYNY
21 Gray
YY###YY
American Revolution bicentennial in 1976. Passed 388-1: R 168-
24 Rousselot
YNYYYNN
22 Springer
YNY###Y
0; D 220-1 (ND 148-1; SD 72-0), Feb. 2, 1972.
25 Wiggins
YNNYYNY
23 Shipley
YYNYYYY
26 Rees
YY
24 Price
YYNYYYY
27 Goldwater
YNYYYYY
INDIANA
14 (T). HR 11394. Federal Judgeships. Judiciary Commit-
28 Bell
???????
1 Madden
Y Y ? ? Y Y Y
tee amendment providing one additional federal district judge-
29 Danielson
YYYYYYY
2 Landgrebe
YNNY???
ship for the northern district of Indiana. Adopted by recorded
30 Roybal
YYYYYYY
3 Brademas
YYNYYYY
teller vote 217-168: R 1-163; D 216-5 (ND 149-2; SD 67-3), Feb. 2,
31 Wilson
YYYNYY
4 Roush
YYNYYYY
32 Hosmer
YNYYYYY
5 Hillis
YNYYYYY
1972.
33 Pettis
YNYYYYY
6 Bray
Y N Y ? Y Y Y
34 Hanna
YYNYYYY
7 Myers
YNYYYYY
15 (T). HR 12089. Drug Abuse Prevention. Teague (D
35 Schmitz
YNYYNNN
8 Zion
YNYYYYY
Texas) amendment to delete the Veterans Administration's
36 Wilson
YNNYYYY
9 Hamilton
YYNYYYY
37 Van Deerlin
YYNYYYY
10 Dennis
YNNYYNY
drug programs from oversight by the director of the proposed
38 Veysey
YNNYYYY
11 Jacobs
YYNYYYY
Special Action Office on Drug Abuse Prevention which would be
COLORADO
IOWA
created by the bill. Rejected by recorded teller vote 174-196:
I McKevitt
YNNYYYY
1 Schwengel
YNNYNYY
R 72-90; D 102-106 (ND 51-90; SD 51-16), Feb. 3, 1972.
2 Brotzman
YNYYYYY
2 Culver
YYNYYYY
3 Evans
YY*####
3 Gross
YNYYNNN
16. HR 12089. Drug Abuse Prevention. Passage of the bill
4 Aspinall
YY#####
4 Kyl
YNNYNYY
CONNECTICUT
5 Smith
##?#YYY
to create a Special Action Office on Drug Abuse Prevention in
1 Cotter
YYYYYYY
6 Mayne
YNNYNYY
the Executive Office of the President which would coordinate
2 Steele
Y?NYYYY
7 Scherle
YNYYNYN
drug abuse prevention programs of all federal departments and
3 Giaimo
YYNYYYY
agencies except those in the law enforcement field. Passed 380-
0: R 162-0; D 218-0 (ND 149-0; SD 69-0), Feb. 3, 1972.
Democrats
Republicans
6-H-1972 CQ ALMANAC
Corresponding to Congressional Record votes 18, 20(T), 23(T), 24, 26, 27, 28
14T
15T
16
17
18
14T
15T
17
13
14T
15T
16
17
18
14T
15T
16
17
18
3 Sullivan
YYNYYYY
4 Wydler
YNYYYYY
6 Preyer
4 Randall
YYNYYYY
5 Gettys
5 Lent
YY##YYY
YYYYYYY
YNYYYYY
7 Lennon
#######
6 McMillan
5 Bolling
YYYYYYY
Y Y N Y Y Y Y
6 Halpern
YNNYYYY
8 Ruth
6 Hull
Y?YYYYY
SOUTH DAKOTA
YYYYYYY
7 Addabbo
Y Y N Y Y Y Y
9 Jonas
YNNYYYY
1 Denholm
: Hall
YYYYYYY
YNNYNNN
8 Rosenthal
YYNYYYY
10 Broyhill
S Ichord
YNNYYYY
2 Abourezk
YYNYYYY
YYYYYYY
9 Delaney
YYYYYYY
11 Taylor
YYYYYYY
TENNESSEE
9 Hungate
YYYYYYY
10 Celler
Y Y ? ? Y Y Y
NORTH DAKOTA
10 Burlison
1 Quillen
YNYYYYY
YYNYYYY
11 Brasco
YYNYYYY
1 Andrews
YNYYYYY
2 Duncan
MONTANA
YNYYNYY
12 Chisholm
? Y N Y ? ?
2 Link
YYYYYYY
3 Baker
I Shoup
YNYYYYY
YNNYYYY
13 Podell
Y # N Y Y Y Y
OHIO
4 Evins
2 Melcher
? # ? ? Y Y
YYYY???
14 Rooney
YYYYYYY
/ Keating
YNNYYYY
5 Fulton
NEBRASKA
YY?#YYY
15 Carey
YYNYYYY
2 Clancy
I Thone
YNYYYYY
6 Anderson
YYYY???
YNYYYYY
16 Murphy
YYYYYYY
3 Whalen
YNNYYYY
7 Blanton
2 McCollister
17 Koch
YY?Y###
YNNYNYY
4 McCulloch
YYYYYYY
8 Jones
3 Martin
YYNYYYY
YNYYYYY
18 Rangel
YYNYYYY
5 Latta
YNNYYYY
NEVADA
9 Kuykendall
YNNY###
19 Abzug
YYNYYYY
6 Harsha
YN?????
TEXAS
AL Baring
##YYYYY
20 Ryan
YYNYYYY
7 Brown
YNNYYYY
1 Patman
NEW HAMPSHIRE
Y?NY?YY
21 Badillo
YYNY###
8 Betts
YNNYYYY
/ Wyman
2 Dowdy
Y?YYY?Y
YNNYYYY
22 Scheuer
YYNYYYY
9 Ashley
YYNY???
3 Collins
2 Cleveland
YNYYNNY
YNYYYYY
23 Bingham
YYNYYYY
10 Miller
YNYYNYN
4 Roberts
NEW JERSEY
YNYYYYY
24 Biaggi
YYYY###
11 Stanton
YNN####
5 Cabell
/ Hunt
YYYY###
YNYYYYY
25 Peyser
YNNYYYY
12 Devine
YNNYYNY
2 Sandman
6 Teague
YYYYYYY
YNYY#YY
26 Reid
YNNYYYY
13 Mosher
YNNYYYY
7 Archer
3 Howard
YNYYYNY
YYNYYYY
27 Dow
YYNYYYY
14 Seiberling
YYNYYYY
8 Eckhardt
: Thompson
YYNY###
YY
28 Fish
YNNYYYY
15 Wylie
YN??YYY
9 Brooks
5 Frelinghuysen
YYYYYYY
YNYYYY#
29 Stratton
YYYYYYY
16 Bou
YNNYNYY
10 Pickle
6 Forsythe
YYNYYYY
YNNY?##
30 King
YNYYYYY
17 Ashbrook
YNNYNN#
Widnall
11 Poage
YYYY???
YNNYYY#
31 McEwen
YNYYYYY
18 Hays
YY##YYY
S Roe
12 Wright
YYYYYYY
YYYYYYY
32 Pirnie
YNNYYYY
19 Carney
YYYYYYY
13 Purcell
9 Helstoski
Y # Y Y Y Y Y
YYNY###
33 Robison
YNNY###
20 Stanton
? ? N Y Y Y Y
to Rodino
14 Young
YYYYYYY
YYNYYYY
34 Terry
YNNY#YY
21 Stokes
YYNYYYY
15 de la Garza
11 Minish
YYYYYYY
YYNYYYY
35 Hanley
YYYYYYY
22 Vanik
YYNYYYY
16 White
12 Duyer
YYYYYYY
##.####
36 Horton
####YYY
23 Minshall
YNYYYY#
17 Burleson
YYYYYYY
13 Gallagher
YYNY?YY
37 Conable
YNNYYYY
24 Powell
YN??YYY
18 Price
14 Daniels
YNYYNYY
YYYYYYY
38 Hastings
YNNYYYY
OKLAHOMA
19 Mahon
15 Patten
YYYYYYY
YYYYYYY
39 Kemp
YN?YYYY
1 Belcher
YNYYYYY
20 Gonzalez
YYYYYYY
NEW MEXICO
40 Smith
YNNYYYY
2 Edmondson
YYYY???
21 Fisher
YYYYYYY
: Lujan
YNYYYYY
41 Dulski
YYYYYYY
3 Albert
22 Casey
YYYYYYY
2 Runnels
YNYYYYY
NORTH CAROLINA
4 Steed
#YYY#YY
23 Kazen
YYYYYYY
NEW YORK
1 Jones
YNYYYYY
5 Jarman
YYNYYYY
UTAH
1 Pike
YYYYYYY
2 Fountain
YYYYYYY
6 Camp
YNYYYNY
1 McKay
YYNYYYY
2 Grover
YNYYYYY
3 Henderson
YYYYYYY
OREGON
2 Llovd
YNNYYYY
3 Wolff
####YYY
4 Galifianakis
####YYY
1 Wyatt
YNNY###
VERMONT
5 Mizell
YNYYYYY
2 Ullman
Y # Y Y Y Y Y
AL Mallary
YNNYYYY
3 Green
YYYY##Y
VIRGINIA
4 Dellenback
YNNYNYY
1 Downing
# # N Y Y # #
PENNSYLVANIA
2 Whitehurst
Y?NY???
1 Barrett
Y Y N Y Y Y Y
3 Satterfield
YYNYYNY
2 Nix
YYNYYYY
4 Abbitt
YYN?YYY
3 Byrne
YYNYYYY
5 Daniel
YYYYNYY
4 Eilberg
YYNYYYY
6 Poff
YNNYYYY
5 Green
YYYYYYY
7 Robinson
YNNYYNY
6 Yatron
YYNYYYY
8 Scott
YNYYYYY
7 Williams
YNYYYYY
9 Wampler
YNYYYYY
17. S 1857. Bicentennial Commission. Donohue (D Mass.)
8 Biester
YNYYYYY
10 Broyhill
YNNYYYY
motion to suspend the rules and pass the bill to authorize $4.3-
9 Ware
YNYYYYY
WASHINGTON
10 McDade
million in appropriations for fiscal 1972 for the American Revolu-
YNYYYYY
1 Pelly
YNNY###
11 Flood
YYNYYYY
2 Meeds
YYNYYYY
tion Bicentennial Commission and to increase the membership of
12 Whalley
YNNYYYY
3 Hansen
2722222
the commission to 50 from 37. Agreed to 328-36: R 127-23; D 201-
13 Coughlin
YNNYYYY
4 McCormack
##YY#YY
13 (ND 135-7; SD 66-6), Feb. 7, 1972. A two-thirds majority vote
14 Moorhead
#YNYYYY
5 Foley
YYNYYYY
(243 in this case) was needed for passage under suspension of
15 Rooney
Y Y N Y Y Y Y
6 Hicks
YYYYYYY
16 Eshleman
the rules.
YNNYYYY
7 Adams
Y Y N Y Y Y Y
17 Schneebeli
YNNYYYY
92-528.
WEST VIRGINIA
18 Heinz
Y N Y Y N Y Y
1 Mollohan
YY#YYYY
19 Goodling
YNNYYNY
2 Staggers
YYNYYYY
18. S 1163. Food Programs for the Elderly. Perkins (D Ky.)
20 Gaydos
YYYYYYY
3 Slack
YNNYYYY
mosion to suspend the rules and pass the bill amending the Older
21 Dent
YYO#YYY
4 Hechler
NYNYNYY
Americans Act of 1965 to authorize grants to states to provide
22 Saylor
YNYYYYY
5 Kee
YYYYYYY
a daily low-cost meal to persons 60 years of age and over. Agreed
23 Johnson
YN??YYY
WISCONSIN
24 Vigorito
YYYYYYY
to 350-23: R 134-18; D 216-5 (ND 150-0; SD 66-5), Feb. 7, 1972. A
1 Aspin
Y Y N Y N Y Y
25 Clark
Y??Y?YY
2 Kastenmeier
YYNYYYY
two-thirds majority vote (249 in this case) was needed for
26 Morgan
YYNYYYY
3 Thomson
YNNYYYY
passage under suspension of the rules.
27 Vacancy
4 Zablocki
YYNYYYY
RHODE ISLAND
5 Reuss
Y Y N Y Y Y Y
1 St Germain
YYYY?YY
19. HR 7088. Tinicum National Environmental Center.
6 Steiger
YNNYYYY
2 Tiernan
YYYYYYY
Passage of the bill to establish the Tinicum National Environ-
7 Obey
YYNYYYY
SOUTH CAROLINA
8 Byrnes
#...###
mental Center near Philadelphia, Pa. Passed 361-8: R 143-6;
1 Davis
YYYY???
9 Davis
YNNY.##
D 21S-2 (ND 150-0; SD 68-2), Feb. 7, 1972. A two-thirds majority
2 Spence
YNYY???
10 'Konski
....##
voce (246 in this case) was needed for passage under suspension
3 Dorn
# Y Y Y Y Y Y
WYOMING
of the rules.
-Mann
YN* # Y Y Y
AL Roncalio
YYYYNYY
GERALD,
LIBRARY
1972 CQ ALMANAC-7-H
CQ House Votes 27-32
- KEY -
29T
NANNMO
Y Record vote for (yea).
Paired for.
4 McKinney
NYNYYY
KANSAS
* Announced for.
8 O'Neill
NYNYY#
# CQ poll for.
5 Monagan
? Y . Y Y
1 Sebelius
YNNNYY
9 Hicks
N Record vote against (nay).
6 Grasso
NYNYYY
NYYNY#
2 Roy
NYNNNY
10 Heckler
NYNYNY
X Paired against.
DELAWARE
3 Winn
YYNNYY
11 Burke
AL DuPont
NYYYYY
Announced against.
NYYYYY
4 Shriver
YYNYYY
12 Keith
? V Y Y Y Y
CQ poll against.
FLORIDA
5 Skubitz
YYNNYY
MICHIGAN
? Not voting, voted "present," did
1 Sikes
YNNNNY
KENTUCKY
1 Conyers
NY?NYY
not announce or answer poll.
2 Fuqua
YNNNNY
1 Stubblefield
? V N N N ?
2 Esch
T Recorded teller vote.
NYNY#Y
3 Bennett
NYYNNY
2 Natcher
NYNNNY
3 Brown
# # ? Y Y
4 Chappell
YNNNNY
3 Mazzoli
NYYYYY
4 Hutchinson
YNNNYY
5 Frey
YNYN?Y
4 Snyder
YNNNNY
5 Ford
YN#YYY
6 Gibbons
©YYNYY
5 Carter
NYNNNY
6 Chamberlain
YYYNY
7 Haley
YNNNNY
6 Curlin
NYNNNY
7 Riegle
NYYYYY
ALABAMA
8 Young
YNYN?Y
7 Perkins
NYNYYY
8 Harvey
YYYYYY
1 Edwards
YNNNYY
9 Rogers
YNYNNY
LOUISIANA
9 Vander Jagt
. . N Y Y Y
2 Dickinson
YNNNNY
10 Burke
YNYNNY
1 Hebert
?N?YN?
10 Cederberg
YNYYYY
3 Vacancy
11 Pepper
NYNYYY
2 Boggs
NYNYYY
11 Ruppe
NYNYYY
4 Nichols
#XNNNN
12 Fascell
NYYYYY
3 Caffery
?XNNN?
12 O'Hara
NYYYYY
5 Flowers
YNNNNY
GEORGIA
4 Waggonner
YNNNNN
13 Diggs
? / Y Y Y
6 Buchanan
YNNYYY
1 Hagan
YN?XXN
5 Passman
YNNYYN
14 Nedzi
NYYYYY
7 Bevill
YNNNNY
2 Mathis
YNNNNN
6 Rarick
YNNNNN
15 Ford
NYYY#Y
8 Jones
NYNYNY
3 Brinkley
YNNNNY
7 Edwards
. V N # #
16 Dingell
NYYYY
ALASKA
4 Blackburn
YNYYYY
8 Long
?X?XXN
17 Griffiths
NVNY?Y
AL Begich
NYNNNY
5 Thompson
??YNNY
MAINE
18 Broomfield
YNYYYY
ARIZONA
6 Flynt
YNNNNN
1 Kyros
NYNYNY
19 McDonald
YNYXYY
1 Rhodes
YN?YY?
7 Davis
YYNNNY
2 Hathaway
NYNYYY
MINNESOTA
2 Udall
NYNYYY
8 Stuckey
YYNNNY
MARYLAND
1 Quie
YNNYYY
3 Steiger
YNNNYY
9 Landrum
?XNNNN
1 Mills
YNNYY#
2 Nelsen
#NNYYY
ARKANSAS
10 Stephens
NYNNNN
2 Long
NYYYNY
3 Frenzel
NYYYYY
1 Alexander
NYNYNY
HAWAII
3 Garmatz
NY?YNY
4 Karth
NY???
2 Mills
NYNNNY
1 Matsunaga
NYNYYY
4 Sarbanes
NYYYNY
5 Fraser
NY#YYY
3 Hammerschmidt
YYNNYN
2 Mink
NYYYYY
5 Hogan
Y # N Y Y Y
6 Zwach
??NNYY
4 Pryor
? v ? ? ?
IDAHO
6 Byron
YYNNNY
7 Bergland
NY???Y
CALIFORNIA
1 McClure
??NNNY
7 Mitchell
NY?YYY
8 Blatnik
I Clausen
??NNY?
2 Hansen
YNNYYY
8 Gude
NYNYYY
MISSISSIPPI
2 Johnson
NYNYNY
ILLINOIS
MASSACHUSETTS
1 Abernethy
YNXXXY
3 Moss
NYYNYY
1 Metcalfe
NY?V?Y
1 Conte
NYNYYY
2 Whitten
YNNNNN
4 Leggett
NY.V.#
2 Mikva
NYYYYY
2 Boland
NYNY#Y
3 Griffin
YNNNNN
5 Burton
NYYYYY
3 Murphy, M.
NYNYYY
3 Drinan
NYYYYY
4 Montgomery
YNNNNY
6 Mailliard
YYYYYY
4 Derwinski
YNNNYY
4 Donohue
NYYYYY
5 Colmer
YN?X?N
7 Dellums
NYYNYY
5 Kluczynski
NYNYYY
5 Morse
NY.YYY
MISSOURI
8 Miller
NYYYY
6 Collins
NYNYYY
6 Harrington
NYNYYY
1 Clay
NY???
9 Edwards
NVYYNY
7 Annunzio
NYNYYY
7 Macdonald
??X?#
2 Symington
NYNYYY
10 Gubser
? ? Y ? Y Y
8 Rostenkowski
NYNYY#
11 McCloskey
#V#J##
9 Yates
NYYYYY
12 Talcott
?X?NYY
10 Collier
# Y Y N Y
13 Teague
YNYYYY
11 Pucinski
? V N ? ? Y
14 Waldie
NYNNNY
12 McClory
YNNYYY
15 McFall
NYNYYY
13 Crane
YNYNNN
16 Sisk
NYN/ #Y
14 Erlenborn
YNYV#Y
17 Anderson
NYNNN?
15 Vacancy
18 Mathias
? ? N Y Y Y
16 Anderson
VYYYY
93-424
19 Holifield
# V N V V Y
17 Arends
YNYYY#
20 Smith
YNYN??
18 Michel
#XYNYN
21 Hawkins
NYY??Y
19 Railsback
27(T). HR 12350. Office of Economic Opportunity Exten-
NYYYYY
22 Corman
NYYYNY
20 Findley
YNYYYY
sion. Quie (R Minn.) amendment providing a straight two-year
23 Clawson
YNYNYY
21 Gray
NYNY#Y
extension of existing OEO programs as a substitute for the com-
24 Rousselot
YNYNNN
22 Springer
YNYYY
mittee version and authorizing appropriations of $2,058,500,000
25 Wiggins
YNYYYY
23 Shipley
YYNNNY
for fiscal 1972 and $2,109,800,000 for fiscal 1973. Rejected by
26 Rees
NYNYYY
24 Price
NYNYYY
recorded teller vote 159-206: R 113-32; D 46-174 (ND 6-146;
27 Goldwater
YNNYY
INDIANA
28 Bell
? V N ? ? Y
1 Madden
NYYYYY
SD 40-28), Feb. 17, 1972. A "yea" was a vote supporting the
29 Danielson
NYV-Y
2 Landgrebe
YNYNY?
President's position.
30 Roybal
NYYYY#
3 Brademas
NYNYYY
31 Wilson
VNNNY
4 Roush
NYNNNY
5 Hillis
28. HR 12350. Office of Economic Opportunity Exten-
32 Hosmer
YNYV
NY?X??
33 Pettis
YYYNNY
6 Bray
? ? Y N Y Y
sion. Passage of the bill extending the Office of Economic
34 Hanna
NYNYYY
7 Myers
#XNNN#
Opportunity for two years, authorizing appropriations of $5.3-
35 Schmitz
YNYNNN
8 Zion
YXNNYY
billion over fiscal 1972-73, creating an independent Legal Ser-
36 Wilson
YNNY#Y
9 Hamilton
NYNYYY
vices Corporation and authorizing a new rural housing develop-
37 Van Deerlin
NYYYNY
10 Dennis
YNNYN?
ment and rehabilitation program. Passed 234-127: R 53-88;
38 Veysey
* X N N Y Y
11 Jacobs
NYYYYY
IOWA
D 181-39 (ND 147-3; SD 34-36), Feb. 17, 1972.
COLORADO
1 McKevitt
YNYYYY
1 Schwengel
NYYYYY
2 Brotzman
YNNYYY
2 Culver
NYNYYY
29(T). HR 12931. Rural Development Act of 1972. Dow
3 Evans
NYNYYY
3 Gross
YNYNNN
(D N.Y.) amendment to delete language authorizing pollution
4 Aspinall
YYNYYY
4 Kyl
YNNNY?
abatement grants to profit-making organizations or individuals
CONNECTICUT
5 Smith
NYNYYY
6 Mayne
from the bill providing a program to improve the economy and
1 Cotter
NYYYYY
YNNYYY
2 Steele
NYNYYY
7 Scherle
?XYNNY
living conditions in rural America. Rejected by recorded teller
3 Giaimo
YNNYYY
vote 150-224: R 83-74; D 67-150 (ND 59-81; SD 8-69), Feb. 23,
1972.
Democrats
Republicans
10-H-1972 CQ ALMANAC
CQ House Votes 64-67
- KEY -
199
Y Record vote for (yea).
Paired for.
CONNECTICUT
1 Announced for.
1 Cotter
NYY#
# CQ poll for.
2 Steele
N Record vote against (nay).
NYYY
X Paired against.
3 Giaimo
NYYY
Announced against.
4 McKinney
YYYY
e CQ poll against.
5 Sarasin
YYYY
? Not voting, voted "present," did
6 Grasso
NYYY
not announce or answer poll.
DELAWARE
T Recorded teller vote.
AL DuPont
YYYY
FLORIDA
2222
1 Sikes
YYNY
2 Fuqua
YYNY
ALABAMA
3 Bennett
YYNN
1 Edwards
YYYY
4 Chappell
? ? N Y
2 Dickinson
YYNY
5 Gunter
NY##
3 Nichols
Y # N Y
6 Young
YYYY
4 Bevill
NYNY
7 Gibbons
?###
5 Jones
????
8 Haley
YYNY
6 Buchanan
YYYN
9 Frey
YYYY
7 Flowers
YYNY
10 Bafalis
YYNY
64. HR 4204. Emergency Employment Act. Gross (R Iowa)
ALASKA
11 Rogers
YYYY
motion to table his own motion to reconsider the rule (H Res
AL Young
YYNY
12 Burke
YYYY
360) providing for House floor consideration of the bill to extend
ARIZONA
13 Lehman
NYYN
the Emergency Employment Act for two years at a cost of $4.5-
1 Rhodes
YYNN
14 Pepper
NYYY
billion. Motion to table agreed to 183-173: R 144-18; D 39-155 (ND
2 Udall
NYYN
15 Fascell
NYYY
3 Steiger
YYNY
GEORGIA
3-121; SD 36-34), April 18, 1973. The President did not take a
4 Conlan
YYNY
1 Ginn
YYNY
position on the motion.
ARKANSAS
2 Mathis
YYNY
93-29
1 Alexander
NYNY
3 Brinkley
YYNY
65. S 50. Older Americans Act of 1965. Passage of the bill
2 Mills
NYNY
4 Blackburn
YYNY
to extend and to expand the Older Americans Act of 1965,
3 Hammer-
5 Young
NYYN
schmidt
authorizing $543.6-million and other sums as necessary for fiscal
YYNY
6 Flynt
YYNY
4 Thornton
NYNY
7 Davis
? # Y
1973-75 and strengthening the interests of the elderly at the
CALIFORNIA
8 Stuckey
YYN?
federal level. Passage meant adoption of a Senate amendment
I Clausen
YYNY
9 Landrum
YYNY
to delete a mid-career training program and to change au-
2 Johnson
# Y N Y
10 Stephens
YYNY
thorizations for some programs from specific amounts to open-
3 Moss
NYYY
HAWAII
ended. Passed 348-0; R 159-0; D 189-0 (ND 123-0; SD 66-0), April
4 Leggett
NYNY
1 Matsunaga
NYYN
5 Burton
NYYN
2 Mink
NYYN
18, 1973. The President did not take a position on the bill.
6 Mailliard
YYYN
IDAHO
7 Dellums
NYYN
1 Symms
YYNY
66(T). S 502. Federal-Aid Highway Program. Anderson
8 Stark
NYYN
2 Hansen
YYNY
amendment (D Calif.) to permit urban areas to use $700-mil-
9 Edwards
NYYY
ILLINOIS
10 Gubser
lion in each of fiscal years 1974-76 from the Highway Trust
# # Y Y
1 Metcalfe
NYYN
11 Ryan
?#.#
Fund for mass transit projects or roads. Rejected by recorded
2 Murphy, M.
NYYN
12 Talcott
##.#
3 Hanrahan
YYYY
teller vote 190-215; R. 70-114; D 120-101 (ND 112-33; SD 8-68),
13 Teague
# # Y Y
4 Derwinski
Y # Y Y
April 19, 1973. A "yea" was a vote supporting the President's
14 Waldie
. # YN
5 Kluczynski
N?YN
position.
15 McFall
NYNY
6 Collier
YYYY
16 Sisk
NYNY
7 Vacancy
17 McCloskey
NYYY
8 Rostenkowski
NYYN
67. S 502. Federal-Aid Highway Program. Hanley (D
18 Mathias
##.#
9 Yates
. # Y N
N.Y.) amendment to delete a provision in the bill that allowed
19 Holifield
NYYY
10 Young
....
highway funds to be distributed directly to urban areas with a
20 Moorhead
YYYY
11 Annunzio
NYYN
population of 400,000 or more rather than allocated by state
21 Howkins
??Y?
12 Crane
Y Y N Y
22 Corman
#NN
governments. Adopted 292-93: R 161-12; D 131-81 (ND
13 McClory
YYY#
23 Clawson
YYNY
14 Erlenborn
YYYN
73-67; SD 58-14), April 19, 1973. The President did not take a
24 Rousselot
YYNY
15 Arends
YYNY
position on the amendment.
25 Wiggins
YYYY
16 Anderson
YYYY
26 Rees
NYYN
17 O'Brien
YYYY
27 Goldwater
YYY#
18 Michel
YYNY
28 Bell
YYYN
19 Railsback
NYNY
29 Danielson
NYYY
20 Findley
??NY
30 Roybal
NYYN
21 Madigan
YYY#
31 Wilson
NYYY
22 Shipley
??YY
32 Hosmer
YYNY
23 Price
NYYN
33 Pettis
# # Y Y
24 Gray
??NN
34 Hanna
NY#Y
INDIANA
35 Anderson
NYYN
1 Madden
NYYN
36 Ketchum
YYNY
2 Landgrebe
YYNY
37 Burke
NYYN
3 Brademas
NYYY N
38 Brown
NYYY
4 Roush
NYYY
39 Hinshaw
YYYY
5 Hillis
NYNY
40 Wilson
322
6 Bray
YYNY
41 Van Deerlin
NYYN
7 Myers
YYNY
42 Burgener
YYYY
8 Zion
YYNY
43 Veysey
YYNY
9 Hamilton
NYN?
COLORADO
10 Dennis
YYNY
1 Schroeder
NYYN
11 Hudnut
YYNY
2 Brotzman
YYYY
IOWA
3 Evans
. # Y Y
1 Mezvinsky
NYYN
4 Johnson
? # N Y
2 Culver
NYYY
5 Armstrong
# # N Y
3 Gross
YYNY
Democrats
Republicans
24-H-1973 CQ ALMANAC
Corresponding to Congressional Record Votes 107, 108, 110(T), 111
T
T
T
7907
4501
4501
0000
4444
4444
4 Smith
NYNY
4 Cochran
YYNY
38 Kemp
YYYY
2 Spence
5 Scherle
YYN#
YYN#
5 Lott
YYNY
39 Hastings
YYNY
3 Dorn
6 Mayne
Y # N Y
YYNY
MISSOURI
NORTH CAROLINA
4 Mann
KANSAS
YYNY
I Sebelius
1 Clay
NYY.
1 Jones
YYNY
5 Gettys
YYNY
YYNY
2 Symington
NYYN
2 Fountain
YYNY
6 Young
2 Roy
NYNY
? ? N Y
3 Sullivan
NYYN
3 Henderson
YYNN
3 Winn
SOUTH DAKOTA
YYNY
4 Randall
4 Shriver
NYNY
4 Andrews
YYNY
1 Denholm
YYNY
NYNY
5 Bolling
NYYY
5 Mizell
5 Skubitz
YYNY
2 Abdnor
YYNY
YYNY
6 Litton
NYNY
6 Preyer
NYN#
TENNESSEE
KENTUCKY
7 Taylor
YYNY
7 Rose
NYNY
1 Stubblefield
1 Quillen
NYNY
YYNY
8 Ichord
YYN?
8 Ruth
YYNY
2 Duncan
2 Natcher
NYNY
YYNY
9 Hungate
NYYY
9 Martin
F F Y
3 Baker
3 Mazzoli
NYYY
YYNY
10 Burlison
NYNY
10 Broyhill
YYNY
4 Evins
4 Snyder
YYNY
??.?
MONTANA
11 Taylor
YYNY
5 Carter
5 Fulton
NYNY
NYNN
1 Shoup
YYNY
NORTH DAKOTA
6 Beard
6 Breckinridge
NYNN
YYNY
2 Melcher
NYNY
AL Andrews
YYNY
7 Jones
7 Perkins
NYNY
NYNY
NEBRASKA
OHIO
LOUISIANA
8 Kuykendall
# # N Y
1 Thone
Y Y N Y
1 Hebert
I Keating
YYYY
TEXAS
YYNN
2 McCollister
YYNY
2 Boggs
2 Clancy
Y # N N
1 Patman
NYNN
NYN?
3 Martin
Y?N?
3 Whalen
3 Treen
NYYY
2 Wilson
? ? N Y
# # N N
NEVADA
4 Guyer
4 Waggonner
YYNY
3 Collins
YYNY
YYN#
AL Towell
YYNY
5 Latta
5 Passman
YYN#
4 Roberts
# # . #
# # N Y
NEW HAMPSHIRE
6 Harsha
YYNY
6 Rarick
5 Steelman
YYNY
YYYN
7 Breaux
1 Wyman
YYNY
7 Brown
YYNY
NYNY
6 Teague
????
2 Cleveland
YYNY
8 Powell
8 Long, G.
Y Y . #
7 Archer
NYNY
YYNN
NEW JERSEY
MAINE
9 Ashley
??YY
8 Eckhardt
NYYN
1 Kyros
NYYN
1 Hunt
YYNY
10 Miller
YYNY
9 Brooks
NYNY
2 Cohen
2 Sandman
# # N Y
11 Stanton
NYNY
YYYY
10 Pickle
. # NY
MARYLAND
3 Howard
. # N N
12 Devine
YYNY
11 Poage
N?NY
/ Mills
4 Thompson
NYYN
13 Mosher
# # N #
YYYY
12 Wright
NYNN
2 Long
NYYY
5 Freling-
14 Seiberling
NYYY
13 Price
??NY
3 Sarbanes
NYYN
huysen
YYYY
15 Wylie
YYYN
14 Young
YYNY
4 Holt
YYNY
6 Forsythe
YYYY
16 Regula
YYYY
15 de la Garza
??NY
5 Hogan
YYNY
7 Widnall
# # Y Y
17 Ashbrook
YYNY
16 White
NYNY
6 Byron
NYNY
8 Roe
NYNY
18 Hays
NYNY
17 Burleson
Y # N Y
7 Mitchell
NYYN
9 Helstoski
NYYY
19 Carney
??YY
18 Jordan
NYYN
8 Gude
NYYY
10 Rodino
NYYY
20 Stanton
NYY?
19 Mahon
# # N Y
MASSACHUSETTS
11 Minish
NYYY
21 Stokes
NYYN
20 Gonzalez
NYNN
/ Conte
YYYY
12 Rinaldo
NYYY
22 Vanik
NYYY
21 Fisher
Y Y N Y
2 Boland
NYYY
13 Maraziti
? ? N Y
23 Minshall
YYYY
22 Casey
NYN#
3 Donohue
NYYY
14 Daniels
N # Y Y
OKLAHOMA
23 Kazen
NYNN
4 Drinan
NYYY
15 Patten
NY .
1 Jones
NYNY
24 Milford
# # N Y
5 Cronin
# # Y Y
NEW MEXICO
2
NYNY
UTAH
6 Harrington
NYYN
1 Lujan
NYNY
3 Albert
?
1 McKay
NYNY
7 Macdonald
NYYN
2 Runnels
NYNY
4 Steed
YYNY
2 Owens
NYYY
8 O'Neill
NYYN
NEW YORK
5 Jarman
YYN#
VERMONT
9 Moakley
NYYY
1 Pike
NYYY
6 Camp
YYNY
AL Mallary
YYYY
10 Heckler
NYYN
2 Grover
####
OREGON
VIRGINIA
11 Burke
NYYN
3 Roncallo
NYYY
1 Wyatt
YYYN
1 Downing
YYNY
12 Studds
NYYN
4 Lent
YYYY
2 Ullman
Y # N Y
2 Whitehurst
YYNY
MICHIGAN
5 Wydler
YYYY
3 Green
NYYN
3 Satterfield
YYNY
1 Conyers
NYYN
6 Wolff
NYYN
4 Dellenback
YYYY
4 Daniel
? ? N Y
2 Esch
YYYY
7 Addabbo
NYYN
PENNSYLVANIA
5 Daniel
YYNY
3 Brown
YYYY
8 Rosenthal
NYYN
1 Barrett
??YN
6 Butler
YYNY
4 Hutchinson
YYNY
9 Delaney
NYYN
2 Nix
- # Y N
7 Robinson
YYNY
5 Ford
YYN Y
10 Biaggi
. # # N
3 Green
NYYN
8 Parris
YYNY
FORD
6 Chamberlain
YYN#
11 Brasco
NYYN
4 Eilberg
#YN
9 Wampler
YYNY
7 Riegle
. # Y N
12 Chisholm
. # YN
5 Ware
YYNY
10 Broyhill
? ? N Y
8 Harvey
????
13 Podell
. # # .
6 Yatron
NYYY
WASHINGTON
9 Vander Jagt
NYNY
14 Rooney
????
7 Williams
NYNY
I Pritchard
NYYN
10 Cederberg
YYNY
15 Carey
NYYN
8 Biester
YYYY
2 Meeds
NYYY
11 Ruppe
YYN#
16 Holtzman
NYYN
9 Shuster
YYNY
3 Hansen
####
12 O'Hara
NYNY
17 Murphy
NYYN
10 McDade
NYYY
4 McCormack
e :
13 Diggs
NYY.
18 Koch
NYYN
11 Flood
NYNY
5 Foley
NYYY
14 Nedzi
NYYN
19 Rangel
NYYN
12 Saylor
# # N Y
6 Hicks
NYYN
15 Ford
NYYY
20 Abzug
NYYN
13 Coughlin
YYYY
7 Adams
NYYN
16 Dingell
NYYY
21 Badillo
. YN
14 Moorhead
NYYN
WEST VIRGINIA
17 Griffiths
????
22 Bingham
NYY-
15 Rooney
. # NY
1 Mollohan
. Y N Y
18 Huber
YYNY
23 Peyser
NYYY
16 Eshleman
YYYY
2 Staggers
NYNY
19 Broomfield
YYYY
24 Reid
. # YN
17 Schneebeli
YYNY
3 Slack
NYNY
MINNESOTA
25 Fish
# # Y Y
18 Heinz
YYYY
4 Hechler
NYYY
1 Quie
YYNY
26 Gilman
NYYY
19 Goodling
YYNY
WISCONSIN
2 Nelsen
YYNY
27 Robison
YYYY
20 Gaydos
NYYY
1 Aspin
NYYY
3 Frenzel
YYYY
28 Stration
NYYY
21 Dent
NYNY
2 Kastenmeier
. # Y
4 Karth
??YY
29 King
????
22 Morgan
. # ? ?
3 Thomson
? ? N Y
5 Fraser
NYYN
30 McEwen
YYNY
23 Johnson
# # N Y
4 Zablocki
NYNN
6 Zwach
Y # N Y
31 Mitchell
YYNY
24 Vigorito
NYYY
5 Reuss
?YYN
7 Bergland
NYNY
32 Hanley
. # Y Y
25 Clark
????
6 Steiger
YYNY
8 Blatnik
N # N N
33 Walsh
Y Y N Y
RHODE ISLAND
7 Obey
NYYY
MISSISSIPPI
34 Horton
# Y Y
1 St Germain
NYYY
8 Froehlich
Y Y N Y
1 Whitten
YYNY
35 Conable
YYYY
2 Tiernan
NYYY
9 Davis
Y Y N Y
2 Bowen
NYNY
36 Smith
YYYY
SOUTH CAROLINA
WYOMING
3 Montgomery
YYNY
37 Dulski
1 Davis
YYNY
AL Roncalio
YYNY
Democrais
1973 CQ ALMANAC-25-H