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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 (2)
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Aging - Older Americans Act Amendments of 1975 (2)
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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)
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The original documents are located in Box 3, folder "Aging - Older Americans Act
Amendments 1975 (2)" of the Sarah C. Massengale Files at the Gerald R. Ford Presidential
Library.
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these materials.
ROUGH STAFF DRAFT
Naomi
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill II.. 3922 - Older Americans Amendments
of 1975
Sponsor - Rep. Brademas (D) Indiana and 24 others
Last Day for Action
December 3, 1975 - Wednesday
Purpose
andamends
Extends through fiscal year 1978A the appropriation authorizations
for the Older Americans Act of 1965; amends progrems under that
Act, adds a new Age Discrimination Act of 1975; extends
including the older American Community Service Employment Act,
authorizations under other Acts, which provide service programs
for the elderly.
Agency Recommendations
Office of Management and Budget
Department of Health, Education, and Welfare
Approval
Department of Labor
Department of Justice
FORD LIBRARY is GERALD
No objection to Title i
Department of the Interior
Department of Transportation -
No.objection
Department of Housing and Urban Development
-
Defers to HEW Labor
Department of Agriculture
Disapproval
Department of the Treasury
Narecommendates
ACTION
No recommendation
General Services Administration
Does not oppose enactmen
Commission on Civil Rights
Approval
FORD LIBRARY & GERALD
Background
The 1971 White House Conference on Aging generated the
1973 amendments to the Older Americans Act (OAA) of 196 5.
as amended Prior to these amendments, the OAA provided
services designed to respond to particular needs of older
persons in local communities. Title III (OAA) G Grants for
State and Community Programs on Aging was designed to
develop a national initiative toward providing comprehensive
systems of services which would coordinate, at the intra-
state level, available and potential services and resources
on behalf of older persons. The 1973 amendments required the
establishment of a nationwide network of State Agencies on
Aging working with and through Area Agencies on Aging to
coordinate necessary services for the general welfare of
older Americans. In addition to State and Community programs,
Title VII
the OAA provides a Nutrition program for the elderly which
in conjunction with necessary ancillary services provides
approximately 250,000 daily meals primarily to the low income.
These programs and associated Federal support programs are
administered through the Administration on Aging, Department
of Health, Education, and Welfare.
11/24/75
Appropriations authorizations in the Older Americans Act (OAA)
of 1965, with the exception of the authorizations for Title VII,
expired on June 30, 1975.
On January 30, 1975 the Department of Health, Education, and Welfare
submitted a draft bill to the Congress which would have extended
appropriations authorizations for most Titles of the OAA
through fiscal year 1977. Total authorizations of 103.2 million
for each of fiscal years 1976 and 1977 were included in the
Administration's bill, consistent with the 1975 and 1976
Budgets. Authorizations for programs which duplicate existing
authorities and those for which the Administration has never
requested funding would have been allowed to expire. [To direct
funds to those most in need, the Administration's proposal
provided statutory preference for low-income, minority, and
limited English-speaking individuals in the Title III, State
grants program.] Other amendments of a technical nature
were included.
The enrolled bill represents a compromise between the House and
Senate versions of the legislation. The conferees have taken
into account some of the Administration's objections, although the
conference version still contains objectionable provisions. HEW
believes that "the bill is in consonance in most respects with
the Administration's proposals in this area. " The legislation
is very popular with the Congress which is evidenced by the fact
that
the conference report was adopted in the House 404-6 and
in the Senate 89-0.
Main Amendments to the Older Americans Act of 1965 would:
Extende appropriations authorizations for the Act
specific
through FY 1973. The major, dollar authorizations are for :
(1) grants for State and community programs on aging under
Title III: $180 million for fiscal year 1976, $57.75 million
for the transition quarter, $231 million for fiscal year 1977 and
$287.2 million for fiscal year 1978. The Administration
requested authorizationgof $91 million for fiscal years 1976
and 1977. (2) the elderly nutrition program under Title VII
additional authorizations are provided of
which is presently authorized through fiscal year 1977:A $62.5 million
for the transition quarter and $275 million for fiscal year 1978.
The Administration's bill only covered fiscal years 1976 and
1977 so it did not request an authorization for this program
for fiscal year 1978.
Extend through fiscal year 1978 such sums authorization$ for:
National Information and Resource Clearing House for the Aging,
model projects, training and research, and acquisition or
modernization of multipurpose senior centers. The authoriza-
tions for transportation projects and for initial staffing
of multipurpose senior centers would not be extended.
The Admininstration did not propose to extend authorizations
trainings
for:, transportation projects, acquisition, modernization or
initial staffing of multipurpose senior centers, training and
multidisciplinary centers of gerontology
-- add a new Title to the OAA, the Older Americans
Community Service Employment Act, which amends the formula for
distributing assistance and extends the present law of the same
name. It would authorize appropriations of $100 million for
fiscal year 1976; $37.5 million for the transition quarter;
$150 million for fiscal year 1977 and $200 million for fiscal year
1978. The pending fiscal year 1976 Budget does not request funds
for this account. The 1976 continuing resolution appropriated
$30 million. This, plus carryover funds provides 1976 outlays
of $43 million.
--- require that States plan to use at least 20% of their
Title III grants for services for some or all of four new services
(2)
including related training: (1) transportation services; home services
designed to assist older persons to continue living in a home
(and other connsiling services, including
environment; (3)legal services, tax and financial counseling; and
(4) residential repair and renovation programs.
-- increase from the present 10¢ per meal to 15¢ during
fiscal year 1976 and to 25¢ during fiscal year 1977 the amount
per meal which the Secretary of Agriculture must maintain as an
annually programmed level of assistance in donating commodities.
The Secretary's discretionary authority to donate commodities to
Title VII projects would be amended to require that he do so.
The USDA estimates this will cost $14 million for fiscal year 1976
and $20 million for fiscal year 1977.
amends the nutrition program for the elderly by requiring
6
the Secretary of Agriculture in fiscal year 1976 and the
transition quarter to purchase and distribute to Title VII projects
high protein foods, meat and meat alternates. Such sums as. may be
necessary are authorized to be appropriated for this purpose.
-- exempts programs and activities under the OAA from
provisions of the Joint Funding Simplification Act of 1974,
P.L. 93-510.
--increases the minimum allotment for States for planning,
coordination, evaluation, and administration of State plans;
&
7
Age Discrimination Act of 1975
It would prohibit unreasonable discrimination on the basis of age
in all programs or activities receiving Federal financial assistance
including Revenue Sharing, (funds]
The Commissioner on Civil Rights would be directed to study the
through public hearings the subject and specifically identify
Authorization of such Sum as may benecessay would be provided,
discriminatory programs and activities. ^ Within eighteen
(June,1977)
months of enactment of H.R. 3922, the Commission would report
its findings and make any recommendations for statutory change
to the Congress, the President and affected heads of departments
and agencies. Within 45 working days of receipt of the
report each affected head of a department or agency would
have to submit comments and recommendations on the report
to the President and the Senate Committee on Labor and
Public Welfare and the House Committee on Education and Labor.
Congressional committees with jurisdiction over the subject
matter of the report and agency recommendations could conduct
hearings.
(June 1978)
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 publish proposed general
regulations to prohibit discrimination based on age in
Federally assisted programs. The regulations would have to be
appropriate
submitted to interested congressional committees prior to publica-
tion. P Each Federal department and agency which extends financial
assistance to a program or activity would have to publish
regulations covering its programs consistent with the HEW
regulations
The regulations would have to provide investigative,
conciliation and enforcement procedures. The sanction for
noncompliance with the regulations would be terminating
or withholding financial assistance after due process procedures.
enforcement
NoAaction could be taken until 30 days after a written report
was submitted to the committees of the House and Senate having
appropriate jurisdiction. A standard provision for judicial
review of the agency action is included. The regulations and
enforcement 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 the normal operation or the
achievenemt 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 "established criteria
for participation in age-related terms or describes intended
beneficiaries or target groupts in such terms."
Amendments to Other Laws
The Domestic Volunteer Service Act would be amended to:
- extend the appropriation authorizations for ACTION's
Retired Senior Volunteer Program (RSVP) authorizing $6 million
for the transition quarter and $22 million for each of fiscal years
1977 and 1978. The Fiscal year 1975 authorization was for $20 million
and current funding is 17.5 million (fy 76 Bivilegi
P 1
-- extend the appropriation authorizations for ACTION's
Senior Companions
Foster Grandparent Program and Older American Community Service
Program$ authorizing $10.75 million for the transition quarter
and $43 million for each of fiscal years 1977 and 1978 with a
requirement that of these amounts $8.75 million for the
transition quarter and $35 million for each of fiscal years
1977 and 1978 be available for grants and contracts for the
Foster Grandparent and other programs for children and $2 million
for the transition quarter and $8 million for each of fiscal
years 1977 and 1978 be available for grants and contracts for
Senior Companions and other programs for persons, other than
children, who have exceptional needs. The fiscal year 1975
authorization was 40 and current funding is $28.5 million (Fris budget)
-- require the Director of ACTION to designate an aging
resource specialist to coordinate ACTION's Older American
programs and programs carried out under Titles III and VII of the
Older Americans Act of 1965 in each State in which such ACTION
are carried out. ACTION is concerned that it may have to place
brethan1 aging programs resorrce speciality in ACTION offices which serve more than one state,
-- replace the word "volunteer" in certain sections with the
word "individual" to reflect the fact that participants do not
serve without compensation or reimbursement of expenses.
The lligher Education Act of 1965 would be amended to extend
from fiscal year 1977 through fiscal year 1978 the
authorizations of such sums as may be necessary for Section 110
grants to institutions of higher education to assist them in
programs to solve the problems of the elderly.
ACTION'S envolled bill letter expenses concern about directions in the Conference Report
faster grandparent Services continue to be provided to persons who reach age 21
that until a replacement service can be provided by another program, Thismay not be
possible under the limited funding available for this program,
The Adult Education Act would be amended to extend from
fiscal year 1975 through fiscal year 1978 the authorization
of such sums as may be necessary for section 310 grants for
education programs for elderly persons with limited English
language skills and who live in an area with a culture
different than their own.
The Older Americans Comprehensive Services Amendmets of 1973
would be amended to extend from fiscal year 1974, through
fiscal year 1979 the authorization of such sums as may be
necessary for the Senior Opportunities and Services program
administered by the Community Services administration.
The Vocational Education Act of 1963 would be amended to
require that consumer and homemaking education programs give
special consideration to programs for older persons whom the
afEducation
Commissioner determines need these services.
The Public Health Service Act would be amended to extend from
May 31, 1975 to May 31, 1976 the date by which the
Secretary of HEW is required to develop a research program on aging.
Other Amendments to the OAA would,
-- adds three new categories of model projects which would
receive special consideration from the Commissioners in making
grants and contracts--development of ombudsman services for
residents of nursing homes; assisting older persons to remain out
of institutions; focusing delivery of services on the needs of
low-income, minority, Indian, limited-English speaking individuals
and the rural elderly.
-- provides that the Commissioner of Aging could reserve a pation
ofa State's funds and grant them directly to Indian tribal organi-
if
both
zations in States in which he determines that (1) Indians are
not receiving benefits equivalent to those provided to other
older persons in a State or area and (2) members of the tribe would
be better served by direct grants
-- would expand the types of courses and training for
could
which the Commissioner may- make grants and would authorize the
Commissioner to make grants to assist in the training of lawyers
and professionals to provide legal services and monitor the
Administration of service programs; authorize the training
of persons who will identify and solve legal problems of older persons
-- add$ to the list of social services to be provided by
State and local agencies to selve older persons--legal services,
tax counseling and financial counseling and programs of regular
physical activity and exercise.
FORD LIBRARY & 02RALD
12
--- amends the area plan requirements of the OAA by authorizing
area agencies on aging or State agencies where there is no other
agency to enter into agreements with rehabilitation agencies
and social service agencies to plan for meeting transportation
needs of older persons. Funds under Title III and VII of the
Act could be used to purchase transportation services for older
persons.
--- extends from November 3 to January 1, 1976 the date on
which the President is required to submit recommendations to the
Congress and Governors and legislatures of the States
recommendations based on studies conducted by the Federal Council
on Aging on the impact of taxes on the elderly and the
interrelationships of benefit programs for the elderly operated
by Federal, State and local government agencies. This time
extension was requested by the Administration.
Arguments for Approval
13
1. The elderly population, which consumes a disproportionately
large amount of Government services, will grow faster than the
general population. By 1990 the age group over age 64 will
increase by 7.1 million or 32.6% over 1974. Therefore, this
legislation is necessary because it would expand the services
available to the elderly.
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.
These functions will maintain the existing delivery of services
rather than create a separate age segregated service delivery
system.
3. Provision of services through the aging network reduces
Federal outlays by delaying or avoiding institutionalization which
is more costly.
4. Although the authorization levels are much higher than
the Administration requested, the amounts appropriated may be
more in line with Administration requests. HEW feels that the
authorizations are sufficiently reasonable that the budgetary
problems can be dealth with through the appropriations process.
5. Prohibition of age discrimination in Federal programs
is a Federal responsibility which must be addressed by every
agency and department to ensure compliance.
Arguments for disapproval
--- Mandatory set asides for priority elderly services
(transportation, legal services, home repairs and
home services) could grow into substantial categorical
and
They
programs, reduce State flexibility. and duplicate
older Community service Employment Act which duplicates
existing authoritiesas do training authorities and the
authority American Under the Comprehensive Employment and Training Act (CETA).
-- None of the OAA programs are income tested so limited
federal resources are not targetted on the needy.
-- Increased authorization level for Titles III and VII
will generate pressure for higher appropriations.
-- The Age Discrimination provision requires the Executive
branche to interpret a vague prohibition against
"unreasonable discrimination" on account of age.
The Act presupposes 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.
-- Increasing the Department of Agriculture's level of
assistance for donating commodities to elderly nutrition
programs and requiring the Department to purchase and
q
distribute high protein food, meat and meat alter-
natives expands the Federal role in elderly nutrition.
The provisions would divide program responsibility and
oversight between USDA and HEW adding to the administra-
tive complexing of the program. Increased donation
of foods by USDA is less efficient than an expanded
cash grant program entirely administered by HEW.
The Older Americans Community Service Employment Act
was enacted in 1973 over the Administration S objections
and no funding has ever been requested. Authority and
adequate funding for this type of activity are available
under the Comprehensive Employment and Training Act
(CETA)
-- The exemption of programs under the OAA from the Joint
Funding Simplification Act would set an undesirable
precedent by precluding grantees from consolidating
various programs to assist the elderly in a single
application. It would undermine the Administration's
efforts to simplify the Federal grant system and to
improve coordination of OAA programs with other closely
related programs.
--- Exempting OAA activities from the Joint Funding
Simplification act will prevent the coordination of
OAA programs with other state and local services.
Agency Recommendations
HEW recommends approval of H.R. 3922 and issuance of a signing
statement criticizing Congress for passing age discrimination
legislation without hearings or guidance. to the public or
executive branch which will have to enforce the law. HEW
notes that "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."
HEW feels that the authorizations are sufficiently reasonable
that budgetary problems can be dealt with through the
appropriation process.
Agriculture recommends disapproval. The Department objects
to the provisions increasing the annually programmed per meal
level of commodity assistance for elderly nutrition programs
which it estimates will cost $14 million in fiscal year 1976
and $20 million in fiscal year 1977, and requiring the Secretary
to purchase on the open market high protein foods, meat and
meat alternates, for distribution in elderly nutrition programs.
The provisions would add to the administrative complexities
of the program by further dividing program responsibility and
oversight between Agriculture and HEW.
has
DOT 1 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. "
ACTION makes no recommendation on H.R. 3922. Concerning the
amendments to the Domestic Volunteer Service Act of 1973,
ACTION has no objection to the authorizations. ACTION expresses
concern that it may have to assign more than one aging
resource specialist to a single ACTION State office serving more
than one State. ACTION is concerned about the conference
report language directing ACTION to continue to provide foster
grandparent services to persons who readh age 21 until the
service can be replaced by another program. It may not be
possible for ACTION to meet this direction within present funding.
The Comiission on Civil Rights recommends approval. It states
that it will not be able to begin its study of age discrimination
until funds appropriated for that purpose are available.
Labor makes no recommendasion but expresses opposition to
extension of the Older American Community Service Employment
program for a group of persons who should be served under
the Comprehensive Employment and Training Act. (CETA).
OMB Recommendation
Although the bill contains several objectionable provisions
notably the Age Discrimination Act and continuance of duplicative
programs, it will provide for continued planning and coordination
of fabils
of the wide array of State, local, and private resourcès, many are
federally funded and administered by a number of Federal depart-
ments and agencies. These resources make available necessary
services which enable older persons to have the opportunity
of living as long as possible in their own homes or other places
of residence and avoid or delay institutionalization and the
resultant high costs associated therewith On II balance, we
The 1077 budeet
recommend that you sign the bill, and indicate 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. A proposed signing statement is attached for your
consideration.
The but provides c/imes
The 6.11 provides for a Commission on Civil Rights
study of the problem of age discrimination and allows
time for a more carefiand thorough deliberation
by the Congress and ^ appropriate should action a by problem the Adush of ^ age discommination
be identified.
Highlights of Legislation
ADMINISTRATION ON AGING
U.S. DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE
Dolly Outler
Office of Planning and Evaluation - AoA
SPECIAL REPORT
Conference Committee Agreement on
H.R. 3922, "Older Americans Amendments of 1975"
Section-by Section Analysis
NOTE: H.R. 3922 passed the U.S. House of Representatives on April 8, 1975;
and passed the Senate, amended, on June 26. After deliberations
by a conference committee of House and Senate Members, appointed
to iron out differences between the two versions, a compromise
version was reported by that committee on November 17, 1975. The
bill passed the House of Representatives on November 19, 1975 by a
vote of 406 to 6.* Following is a section by section analysis of
the measure:
Sec. 101. Would extend from November 3, 1975 to January 1, 1976, the time by
which the President is directed to make recommendations: (1) for
bringing about greater uniformity of eligibility standards of
benefit programs for the elderly operated by Federal, State, and
local government agencies; (2) for eliminating the negative impact
that one program's standards may have on another; and (3) with
reference to the combined impact of all taxes on the elderly.
These recommendations are to be made after the Federal Council on
the Aging has conducted studies of these subjects and transmitted
the results of its studies to the President.
Sec. 102. Provides that the provisions and requirement of the Joint Funding
Simplification Act of 1974 (P.L. 93-510) shall not apply to the
administration of the provisions of the Older Americans Act of
1965, as Amended, or to any program or activity under that Act.
Sec. 103. Would add to "the definition of "social services", as that term is
used in Title III of the Older Americans Act: (1) "services de--
signed to provide legal and other counseling services and assistance,
including tax counseling and assistance and financial counseling to
older persons"; and (2) "services designed to enable older persons
to attain and maintain physical and mental well being through programs
of regular physical activity and exercise."
*On November 20, the Senate passed the bill by a vote of 89-0.
FORD is LIBRARY GERALD
Section-by-Section Analysis of H.R. 3922 Conference Report
Page 2
Sec. 104. Would amend the Title III allotment provision (Sec. 303(b)) to
permit direct allotment of Title III funds of a State to an
Indian tribal organization serving Indians of that State, where
the Commissioner on Aging determines that the members of that
tribe in that State are not receiving Title III funds equivalent
to benefits provided to other older persons in the State and that
members of that tribe would be better served by grants made
directly to the tribal organization. If he decides to make such
direct grants, he would take from the amounts which would otherwise
be allotted to the State under the Title III Area Planning and
Social Services formula, not less than 100 percent nor more than
150 percent of an amount which bears the same ratio to the State's
allotment for that fiscal year 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+ population of that State; and he would
allot the amount thus taken out of that State's allotment, directly
to the Indian tribal organizations of the Indians as to which these
determinations were made. For purposes of this provision, the terms,
"indian", "indian tribe", and "tribal organization" are defined.
Sec. 105. Would amend the area plan requirements of the Older Americans Act,
Title III, by deleting the requirement that the area plan include
a provision that the Area Agency on Aging will, "where necessary
and feasible, enter into arrangements" for using Title III funds
to provide legal services to older persons, and by authorizing
Area or State agencies (as to areas in which no Area Agency has
been designated) to enter into agreements with rehabilitation
agencies and those administering the social service provisions of
the Social Security Act to develop and implement plans for meeting
the common needs for transportation services of their clients and
older persons served by Titles III and VII of the Older Americans Act.
Sec. 106. Would include a new requirement for State plans under Title III, that
they provide for use of not less than certain percentages of the
State's Title III allotment for four new "national priority serv-
ices": (1) transportation; (2) home services designed to assist
older persons to continue living independently in a home environment;
(3) legal services, including tax counseling and assistance and
financial counseling for older persons; and (4) residential repair
and renovation programs. Requires area plans to give priority to
these services in providing for social services in their areas.
The State plan must provide assurances that not less than 50 percent
of the increase the State receives in its Title III allotment for
a year over the amount received in the previous year will be
Section-by-Section Analysis of H.R. 3922 Conference Report
Page 3
devoted to these purposes, unless the State provides assurances
that not less than 33-1/3 percent of its total allotment for that
year will be used for those purposes (in which event, the State
will be excused from devoting a minimum of 50% of the increase
for them.) However, it is also provided that in any event, the
State must use at least 20 percent of its Title III allotment for
each year for those purposes.
Sec. 107. Would increase from $160,000 to $200,000 the minimum allotment to
each State for planning, coordination, evaluation, and administra-
tion of State plans (and increase the minimum for territories from
$50,000 to $62,500), but also provides that each State is entitled
to an allotment for this purpose for any fiscal year which is not
less than its allotment for FY 1975. Also provides that any State
which desires to receive more for this purpose than its allotment,
can apply for more funds to the Commissioner, who, upon making
certain findings could provide a limited additional amount.
Sec. 108. Contains new model project requirements. Would require the
Commissioner, in making model project grants and contracts, to give
special consideration to projects designed to meet three needs (in
addition to those meeting special needs, as required by present
law). The three are: (1) projects to enable State agencies on
aging and other public and private nonprofit organizations to
assist in the promotion and development of ombudsman services for
residents of nursing homes; (2) those to meet the special needs of,
and improve the delivery of services to, older persons 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 the rural elderly; and (3) those
to assist older persons to remain out of institutions and to
maintain independent living.
Sec. 109. Would amend Sec. 403 of the Older Americans Act to define the
term "institutions of higher education" (to which the Commissioner
may make grants for the purpose of attracting qualified persons
to the field of aging) as having the meaning attributed to this
phrase by the Higher Education Act of 1965 (thereby assuring that
the term, as used in Sec. 403, will be given a broad interpreta-
tion).
Section-by-Section Analysis of H.R. 3922 Conference Report
Page 3a
Sec. 110. Would amend Sec. 404 of the Act (relating to "training programs
for personnel in the field of aging") to clearly state an intent
that of short-term and inservice training courses, workshops,
institutes, and other activities designed to improve the
capabilities of participants to provide services to older persons
and to administer programs related to the purposes of the Act,
and that such funds may be used to assist in paying the costs of
postsecondary education courses of training or study related to
the purpose of the Act, including the payment of stipends to
students in the courses. Also authorizes the Commissioner to
make grants to assist in the training of lawyers and
paraprofessionals to provide legal counseling and services to older
persons, or monitor the administration of aging programs, including
nursing home programs and similar programs, and to make grants for
training of employees of public or private agencies or organizations,
who will identify legal problems affecting older persons, develop
solutions to such problems, and mobilize the resources of the
community to respond to the legal needs of older persons.
Section-by-Section Analysis of H.R. 3922 Conference Report
Page 4
ing and services to older persons, or monitor the administration of
aging programs, including nursing home programs and similar programs,
and to make grants for training of employees of public or private
agencies or organizations, who will identify legal problems affect-
ing older persons, develop solutions to such problems, and mobilize
the resources of the community to respond to the legal needs of
older persons.
Sec. 111. Would require the Secretary of Agriculture, until Sept. 30, 1976,
to purchase on the open market, high protein foods, meat, and meat
alternates, for distribution to Title VII projects, but provides
that such foods purchased for this purpose will not be considered
donated commodities for purposes of meeting requirements of
annually programed level of assistance; would authorize "such
sums as may be necessary" to implement this requirement. Would
increase from 10¢ per meal to 15c during the fiscal year ending
Sept. 30, 1976, and to 25¢ during FY 1977 the amount which the
Secretary of Agriculture is required to maintain as an annually
programed level of assistance in donating commodities. Would make
it mandatory, rather than permissive (as in present law), that
surplus commodities be donated to Title VII projects. Would
allow a State which had phased out its commodity distribution fa-
cilities before June 30, 1974, to elect to receive cash in lieu
of donated commodities, which cash the State would have to
disburse to recipients of grants or contracts for Title VII
projects, which would, in turn, use the cash to purchase domestic
agricultural commodities and other foods for their projects.
Sec. 112. Would extend authorizations of appropriations for most Older Americans
Act programs through Sept. 30, 1978, as follows:
Sec. 204, National Information and Resource Clearing House for the
Aged - "...such sums as may be necessary 11 for fiscal periods
between July 1, 1975 and Sept. 30, 1978.
Sec. 303, Grants for State and community programs on aging -
$ 180,000,000 for FY 1976, $ 57,750,000 for July 1 - Sept. 30,
1976, $ 231,000,000 for FY 1977, and $ 287,200,000 for FY 1978.
Sec. 308, Model Projects - " such sums as may be necessary.. "
for fiscal periods between July 1, 1975 and Sept. 30, 1978.
Sec. 431, Training and research - such sums as may be
necessary. " for fiscal periods between July 1, 1975 and
Sept. 30, 1978.
Section-by-Section Analysis of H.R. 3922 Conference Report
Page 5
Sec. 505, Acquisition, alteration, or renovation of multipurpose
senior centers - such sums as may be necessary " for fiscal
periods between July 1, 1975 and Sept. 30, 1978.
Sec. 708, Nutrition program for the elderly - $ 62,500,000 for the
period July 1 - - Sept. 30, 1976; and $ 275,000,000 for FY 1978.
(Authorizations for fiscal years 1975, 1976, and 1977 were made
by P. L. 93-351, July 12, 1974).
Sec. 113. Would add a new Title IX to the Older Americans Act, entitled "Community
Service Employment for Older Americans", to supercede a similar
Title IX of the Older Americans Comprehensive Services Amendments of
1973, which is proposed to be repealed. Authorizations for fiscal
periods between July 1, 1975 and Sept. 30, 1978, are provided in
the following amounts:
FY 1976, $ 100,000,000
July 1 - Sept. 30, 1976, $ 37,500,000
FY 1977, $ 150,000,000
FY 1978, $ 200,000,000
Other than providing authorizations for the above periods, the new
Title IX is only slightly different from the Title IX which it would
supercede.
Sec. 114. Would make various technical amendments to the Older Americans Act,
with little, if any, substantive significance.
TITLE II
Sec. 201. Would extend from July 1, 1977 through Sept. 30, 1978 the authoriza-
tion in Sec. 110, Higher Education Act of 1965, of grants to institu-
tions of higher education (or combinations thereof) to assist them in
planning, developing, and carrying out programs specifically designed
to apply the resources of higher education to the problems of the
elderly, particularly with regard to transportation and housing
problems of elderly persons living in rural and isolated areas.
Would make applicable to the transition period July 1 - - Sept. 30,
1976 and to FY 1978 the authorization of " such sums as may be
necessary now provided for fiscal years through June 30, 1977.
Sec. 202. Would extend from June 30, 1975 through Sept. 30, 1978, the authoriza-
tion of " such sums as may be necessary " for Sec. 310, Adult
Education Act, for grants to provide educational programs for
elderly persons whose ability to speak and read the English language
is limited and who live in an area with a culture different than
their own.
Sec. 203. Would extend from June 30, 1974 through Sept. 30, 1979, the authoriza-
tion in the Older Americans Comprehensive Services Amendments of 1973
of "such sums as may be necessary" for the Senior Opportunities and
Section-by-Section Analysis of H.R. 3922 Conference Report
Page 6
Services program administered by the Community Services Adminis-
tration (formerly the Office of Economic Opportunity).
Sec. 204. Would require that in consumer and homemaking education programs
authorized by-the Vocational Education Act of 1963, special con-
sideration be given to special consumer and homemaking programs
for persons aged 60 or older who need services provided by such
programs, and that these programs be designed to assist them to
live independently in their own homes and to alleviate the ad-
verse effects of loneliness and isolation.
Sec. 205. Would amend the Domestic Volunteer Service Act of 1973 (P.L. 93-113,
Oct. 1, 1973) as follows: (1) by providing additional authorizations
for the Retired Senior Volunteer Program; $ 6,000,000 for the trans-
itional period July 1 - Sept. 30, 1976, and $ 22,000,000 each for
FY 1977 and FY 1978 would be authorized; (2) as additional authori-
zations for the Foster Grandparent Program and Other Older American
Community Service Programs, $ 10,750,000 would be authorized for
the transitional period July 1 - Sept. 30, 1976, and $ 43,000,000
would be authorized each for FY 1977 and FY 1978, with a require-
ment that of these sums, $ 8,750,000 for the transitional period
and $ 35,000,000 each for FY 1977 and FY 1978 be available for
grants and contracts for Foster Grandparent and other programs
for children, and $ 2,000,000 for the transitional period and
$ 8,000,000 each for FY 1977 and FY 1978 be available for grants
and contracts for Senior Companions and other programs for
persons (other than children) having exceptional needs; (3) by
striking the word "volunteer" in various provisions of the
Domestic Volunteer Service Act, and substituting the word
"individual", to reflect the fact that participants do not
serve without compensation or reimbursement of expenses; (4)
by requiring that the Director of ACTION, in order to provide
maximum coordination between ACTION's older American programs and
those carried out under Titles III and VII of the Older Americans
Act of 1965, designate an aging resource specialist in each State
in which such ACTION programs are carried out.
Sec. 206. Extends from May 31, 1975 to May 31, 1976, the date by which the
Secretary of HEW, in consultation with the National Institute on
Aging and the National Advisory Council on Aging and others, is
required by the Research on Aging Act of 1974 (P. L. 93-296) to
develop a plan for a research program on aging.
TITLE III
Sec. 301. Gives the provisions of this title the short title, "Age Discrimi-
nation Act of 1975".
Section-by-Section Analysis of H.R. 3922 Conference Report
Page 7
Sec. 302. States the purpose of this title to prohibit unreasonable dis-
crimination on the basis of age in programs or activities re-
ceiving Federal financial assistance, including revenue sharing.
Sec. 303. With limited exceptions (stated in Sec. 304), prohibits exclusion
of any person in the U.S., on the basis of age, from participation
in, or denial of the benefits of, or from being discriminated
against under, any program or activity receiving Federal financial
assistance.
Sec. 304. Requires the Secretary of HEW, not later than one year after the
transmission of the report of the U.S. Civil Rights Commission's
report on age discrimination in federally-assisted programs or
two and one-half years after this Act is enacted, whichever occurs
first, to publish in the Federal Register proposed general regula-
tions to carry out the provis of Sec. 303. Not later than 90
days after publication of the proposed regulations, the Secretary
is required to publish in the Federal Register final regulations.
Not later than 90 days after that, the heads of all Federal departments
or agencies which extend Federal financial assistance would be
required to publish regulations of their own to carry out the pro-
visions of that section. However, it would be provided that no
regulation issued under this section will be effective before
January 1, 1979.
Would provide that it will not be a violation of this Act if the
differentiation based upon age reasonably takes into account age
as a factor necessary to the normal operation or the achievement
of any statutory objective of the program or activity; if the
differentiation is based upon reasonable factors other than age;
or if the program or activity was established under a law which
provides benefits or assistance based upon the age of the recipients,
or establishes criteria for participation in age-related terms.
Would specifically provide that this Act does not amend or modify
the Age Discrimination in Employment Act of 1967, and does not apply
to employment practices (except with regard to providing employment
assistance under the Comprehensive Employment and Training Act of
1974).
Sec. 305. Would provide the means of enforcing the age discrimination prohi-
bitions of this Act. Would permit the head of a Federal department
or agency to seek to achieve compliance with the Act's prohibitions
and those of regulations under the Act, by terminating or refusing
Section-by-Section Analysis of H.R. 3922 Conference Report
Page 8
to grant or to continue Federal financial assistance. However, provides that
this punitary action must be limited to the political entity or
other recipient which discriminated, and must be limited to the
program or activity or part of a program or activity with respect
to which the finding of discrimination was made. In addition,
a finding of discrimination would not be based on a finding with
respect to any program or activity which does not receive Federal
financial assistance.
Would provide that such suspension of Federal assistance would not
be carried out without an effort to secure compliance by voluntary
means, and that even if such efforts fail, the suspension could not
take effect until 30 days after the head of the department or agency
transmits a written report to the committees of the House and Senate
having legislative jurisdiction over the program or activity involved.
Provides that the prohibition against discrimination could be enforced
"by any other means authorized by law," but that "the provisions of
this section shall be the exclusive remedy for enforcement
"
Sec. 306. Provides for judicial review of a department's or agency's actions
taken to enforce this Act, and clearly states an intent that such
agency determinations are not intended to be "committed to unre-
viewable agency discretion."
Sec. 307. Requires the U. S. Civil Rights Commission to undertake a study of
unreasonable discrimination based on *age in Federally-assisted pro-
grams and activities, and to identify any Federally-assisted program
or activity in which there is found evidence of discrimination based
upon age. Requires the Commission, not later than 18 months after
enactment of this Act, to transmit to the Congress and to the Presi-
dent a report of its findings and recommendations for statutory
changes and administrative action, and to send a copy of the report
to the head of each department or agency with respect to which the
Commission makes findings and recommendations. Not later than 45
working days after receiving a copy of the report, each of these
departments and agencies would be required to submit its comments
and recommendations regarding the report to the President and to
the Senate Committee on Labor and Public Welfare and the House
Committee on Education and Labor.
Would authorize "such sums as may be necessary" to carry out this
section.
Sec. 308. For purposes of this Act, defines the terms, "Commission", "Secretary",
and "Federal department or agency".
HEALTH.
OF
EDUCATION
DEPARTMENT MELIVERY AND
DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE
OFFICE OF THE SECRETARY
U.S.A.
WASHINGTON, D.C. 20201
SEP 11 1975
MEMORANDUM FOR HONORABLE SARAH MASSENGALE
Per your request for a brief analysis of the bills under
consideration for extending the Older Americans Act, I have
attached at
Tab A - - A letter signed on May 9, 1975, by Acting
Secretary Kurzman to Senator Harrison Williams
which outlined the provisions of the Adminis-
tration's bill (S. 599) and pointed out some
serious concerns about the House passed bill
(H.R. 3922);
Tab B -- Excerpt from the June 26, 1975, Congressional
Record (pages S. 11736 - 11752) which contains
S. 1425, a bill to extend the Older Americans
Act, and the text of former Secretary Weinberger's
letter of objection to the Age Discrimination Act.
Tab C - - A letter signed on July 11, 1975, by former
Secretary Weinberger to Senator Eagleton which
repeated many of the statements made in the May 9
letter to Senator Williams but which provided a
more detailed critique of the bills passed by
both Houses of Congress.
It is expected that the conference session on the bills to extend
the Older Americans Act will resume in a week or two. I have
been informed that the House and Senate conferees have resolved
most of the issues. One notable exception is the Age Discrimination
Act which is evidently still being hotly debated.
If you find that you need additional information, do not hesitate
to let me know.
Frank Stewart
FORD i LIBRARY 9ERALD
for,
David H. Lissy
Executive Secretary
to the Department
Attachments
TAB A
E
DEPARTMENT OF HEALTH. EDUCATION. AND WELFARE
MAY 9 1975
Honorable Harrison A. Williams, Jr.
Chairman, Senate Committee on Labor
and Public Welfare
United States Senate
Washington, D. C. 20510
Dear Mr. Chairman:
This letter outlines a number of serious concerns that the
Department of Health, Education, and Welfare has regarding
certain provisions of H.R. 3922, a 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",
currently under consideration by your Committee.
As you know, on January 30, the Administration transmitted to
the Congress a draft Older Americans Act extension bill
introduced as S. 599, under which:
1. Authorizations for most titles of the Act would be extended
for two years, to September 30, 1977, making them
coterminous with title VII, the food and nutrition program;
2. Title V and section 309--authorizing grants for purchase,
renovation and initial staffing of senior citizen centers
and grants for transportation projects--would be permitted
to expire on the ground that they are duplicative of
existing authorities available to the Departments of
Housing and Urban Development and Transportation and have
never been funded;
3. Parts A and C of title IV--dealing with training programs in
the aging field and establishment of gerontology centers--
would also be permitted to expire since the Administration
has never requested funds for these parts;
FORD LIBRARY is 938839
Honorable Harrison A. Williams, Jr.
2
4. The statutory preference for low-income, minority and limited
English-speaking persons now given in the title VII
nutrition programs would be extended to those benefiting
from State and Community Programs on Aging funded under
title III; and,
5. Authorizations would be granted for a reasonable extension
of the deadline for submission to the Congress of two major
studies now being conducted by the Federal Council on the
Aging--an extension which we had sought in the Ninety-third
Congress.
Following are the Department's specific concerns with respect to
H.R. 3922 as passed by the House of Representatives, along with
our suggestions for necessary amendments:
1. Authorizations: We believe it would be irresponsible to
authorize a total of $2.8 billion for programs under the
Older Americans Act and related laws at a time when all
Americans are looking to the Congress to help curb the
inflation eroding their wages, pensions and savings. We
urge that the Congress authorize no more than requested in
the Department's proposed bill.
2. Extension: We urge that the extension of those titles of the
Act expiring on June 30 of this year be limited to two years,
to September 30, 1977, making them coterminous with the
title VII nutrition authorization. We are particularly
concerned over the proposed four-year extension of the
title III grants for State and Community Programs on Aging
and the title VII nutrition program, both of which are now
in only their second year of operation. We believe the
Congress should await the availability of definitive data on
the effectiveness of these massive programs rather than act
to extend them as currently structured for another four years.
3. New Title VIII: H.R. 3922 establishes a new range of programs
(homemaker and other home services; legal and other
counseling services and assistance; residential repairs and
renovations; mortgage interest reduction and insurance
activities; and transportation), each duplicative of services
Honorable Harrison A. Williams, Jr.
3
which can be funded under other existing statutes. Moreover,
under this bill, States would be forced to expend on these
specific programs no less than 20 percent of the funds now
available under section 303 of title III of the Act for
aging programs to meet priorities the States establish.
Thus, if enacted, H.R. 3922 would violate the spirit and
intent of the 1973 Title III Amendments, which gave the
States long-sought authority to marshall available Federal,
State, local and voluntary funds and resources to mount
programs specifically designed to meet locally-established
priorities. To tie the States' hands in this manner, after
less than two years' experience under the 1973 Amendments,
would be a major step backward.
4. Direct Funding for Indians: H.R. 3922 would authorize direct
funding of Indian tribes' aging programs and would set aside
a portion of funds available under title III equivalent to
the proportion of Indians aged 60 or over to the total
U.S. population of that age and specify the amount of such
funds available for Indian tribes within each State. We
urge that this provision be deleted and that the Congress
rely upon existing enforcement authority to ensure that
Indians receive their proper share of services under the
Act.
5. Age Discrimination Act: This provision of the bill would bar
discrimination based on age in any program or activity
receiving Federal assistance except where age is "reasonably"
taken into account or where "reasonable" factors other than
age are taken into account in limiting participation in any
such program. While we fully agree that the issue of age
discrimination should be resolved with respect to all
programs operated under the aegis of Federal law, H.R. 3922,
as written, raises certain questions which we believe
should be examined before it is formally considered. We
have not had sufficient time to explore the potential
ramifications of the Age Discrimination Act provisions.
However, after preliminary review, we believe that, if
enacted, these provisions would raise administrative issues
and questions similar to those raised by the sex discrimination
provisions of title IX of the Education Amendments of 1972.
Honorable Harrison A. Williams, Jr.
4
We urge that the Congress not act precipitously but instead
seek the views of the Justice Department and other
knowledgeable agencies.
6. Special Training: H.R. 3922 would amend title IV of the Act
to authorize grants to train lawyers, lay advocates, and
paraprofessionals to provide legal counseling and services
to the aged. This proposal, if enacted, would run directly
counter to our goal to end the proliferation of programs
designed to grant institutions specific funds to train
specific types of personnel. As in the case of the existing
training program referred to above, we believe this approach
is inflexible and inequitable and should be addressed
through the higher education student aid proposals which
the Department is making to the Congress.
On three other major amendments contained in H.R. 3922--one
affecting the operation and funding levels of programs under the
Older American Community Service Employment Act; one authorizing
the spending of $18 million over two years for high protein and
other foods for use in title VII nutrition programs; and the third
authorizing mortgage interest reduction, insurance and housing
repair activities--we defer to the Departments of Labor,
Agriculture, and Housing and Urban Development, respectively.
We applaud those provisions of the bill which retain the National
Older Americans Service Programs in ACTION and which extend the
deadline for completion of two major studies by the Federal
Council on the Aging to January 1, 1976.
In view of the foregoing, the Department is opposed to H.R. 3922
and urges that the Committee report favorably the Administration's
proposal, S. 599.
We are advised by the Office of Management and Budget that there
is no objection to the submission of this communication from the
standpoint of the Administration's program, and that enactment of
H.R. 3922 as it is presently written would not be consistent with
the Administration's objectives.
Sincerely,
/s/ Stephen Kurzman
Acting Secretary
TAB B
June 26, 1975
CONGRESSIONAL RECORD-
S 11735
Senate. The purpose of this scorekeeping
inability so far to deal constructively
ing, increase taxes, or accept a larger de-
report is to enable Senators to under-
with the oil price increase.
ficit and debt. In the latter case the
stand how their spending and taxing
To help work toward a constructive
American people should be better able
decisions on individual bills compare to
solution to the present impasse, last week
than in previous years to determine
the spending and taxing targets in the
our Budget Committee created a new
which of their representatives should be
budget resolution. This scorekeeping
energy task force. I have asked the dis-
held accountable for the increases.
sheet, soon to be published for the first
tinguished senior Senator from Utah,
On a more positive note, Mr. President.
time, will be a valuable tool to help Con-
Senator Moss, to chair that task force,
I am pleased to note that the House Ways
gress hold the line on the spending ceil-
to explore all facets of the energy prob-
and Means Committee in developing the
ings.
lem, and to report to our committee on
debt ceiling bill took careful account not
Despite all our plans, however, a new
possible solutions.
only of the first concurrent resolution on
round of oil price increases threatens to
The Budget Committee will work as
the budget but also of the data generated
destroy both the economic recovery we
closely and constructively as possible
by the Budget Committees. This is the
are setting in motion and to drag us back
with the President and his administra-
kind of coordination and cooperation en-
next year into an even deeper inflation-
tion to find solutions which limit the
visioned in the 1974 Budget Reform Act.
recession-deficit cycle. If the price of oil
damage which past price increases have
We are making progress toward bringing
goes up as now is predicted, much greater
caused to our economy and our citizens,
spending, revénue and debt measures into
inflation, recession, and an even more
and deal with the present energy crisis
a coherent pattern.
staggering deficit may be ahead for us.
without the inflation and joblessness
Mr. FANNIN. Mr. President, my vote
As Dr. Charles Schultze, the respected
which the President's program and the
against passage of the debt ceiling exten-
former Director of the Bureau of the
threatened producing nations' price in-
sion bill was based on a continuing be-
Budget recently stated, a significant part
crease will create.
lief that Congress has failed to meet its
of our present recession can be traced
As this first fiscal year of the new
duty to the American people of fiscal re-
to the $35 billion drain imposed on our
budget reform process begins, there is
sponsibility in Government. Despite the
citizens' purchasing power by oil price
little good economic or fiscal news. The
establishment of a more sophisticated
increases since 1974. This loss of buying
Budget Committees have begun their
budgetary process within the legislative
power meant people had to buy less,
work in the worst economic period of the
branch, Congress continues to pass many
business could sell less, and workers lost
last 40 years. But while the economic
bills which exceed the dictates of reason.
jobs. As much as one third of our present
news is bad, T\ think we can be cautiously
Congress has established the practice
unemployment may be attributable to
optimistic that the budget reform proc-
of voting several times a year on the size
these oil price increases.
ess itself is succeeding.
of the legal public debt. This sham
If we are now hit with a new and
should cease. It makes no sense whatso-
The Budget Committee is beginning its
equally staggering round of oil price in-
work now toward establishing the firm
ever to pass judgment on how many red-
creases, we have little reason to hope
ink dollars the Federal Government
spending target ceilings Congress will
that a new wave of general price in-
enact this fall. We will report those ceil-
should be allowed to spend after they
creases, job losses, lost taxes, and deep
ings to the Senate and any necessary
have been committed or spent through
deficits will not result again. Pursuing
other legislative measures.
action to change spending and taxing
what I believe is a counterproductive en-
My concern also extends to the fact
legislation to conform to those ceilings
ergy policy, the President has already
as soon as the appropriations process is
that this Nation will be spending $32.8
raised oil prices by $2 a barrel. The for-
substantially completed, and before the
billion in fiscal year 1975 and approxi-
eign oil producing countries indicate
pending debt ceiling legislation expires
mately $36 billion in fiscal year 1976 to
they intend to increase oil prices by an-
November 15. This debt ceiling legisla-
service the Federal public debt. I sincere-
other $2 a barrel this fall. Additionally,
tion, therefore, is consistent with the
ly hope these figures are found to be dis-
the President wants Congress to agree to
Budget Reform Act.
turbing by others as well.
a rapid decontrol of the price of oil pro-
duced in our own country, further in-
Mr. HRUSKA. My. President, the only
flating the average per barrel cost of oil
favorable comment/I can make about the
ORDER FOR RECESS UNTIL 10 A.M.
proposed increase in the debt ceiling to
TOMORROW
to U.S. citizens. Dr. Schultze estimates
the effect of these actions will be to boost
$577 billion is that it is keyed to the de-
the price of oil in the United States from
ficit level of $68.8 billion established last
Mr. ROBERT C. BYRD. Mr. President,
I ask unanimous consent that when the
the $9.50 a barrel which was paid earlier
May by the first concurrent resolution on
the budget. The decision to extend the
Senate completes its business today it
this year to an average of $12 by this
stand in recess until the hour of 10 a.m.
September and to $16 within 3 years.
ceiling to November 15, 1975, rather than
tomorrow.
As the effect of this oil price explosion
to June 30, 1976, will provide an oppor-
The PRESIDING OFFICER. Without
moves through the economy, we must
tunity to consider deficit and debt ceiling
objection; it is so ordered.
anticipate a further $13 billion loss in
levels in September during action on the
second concurrent resolution on the
consumer purchasing power in the first
half of next year, and $30 to $35 billion
budget.
EXECUTIVE SESSION
by the end of the following year. If we
Before the Senate voted on May 1 on
Mr. ROBERT C. BYRD. Mr. Presi-
cannot prevent or counteract these price
the budget resolution, I noted my support\
dent, I ask unanimous consent that the
increases, Dr. Schultze says a further re-
for much lower deficit levels. Much to my
Senate go into executive session to con-
cession is a virtual certainty. He predicts
regret these lower levels had been re-
sider a nomination.
an unemployment stagnating at between
jected during action on amendments to
The PRESIDING OFFICER. Without
8½ and 9 percent for a long period and
the resolution. I then stated that I would
objection, it is so ordered.
easily sliding over 10 percent. At the same
vote for the resolution because it rep-
Mr CURTIS. Mr. President, I ask
time, the oil price increases would add
resented the best compromise obtainable
unanimous consent that the Committee
2½ to 3 percent to the cost of living, with
and to give the new budget reform pro-
on Finance be discharged from further
resulting wage demands which could
cedures a fair test.
consideration of the nomination of
raise the cost of living to a full 3½ to 4
Recent action on appropriation bills
Christopher U. Sylvester, of North
percent by late 1977.
and other spending measures suggests
Dakota, who has been nominated to be a
Under these circumstances, the pro-
that Congress is unlikely to reduce the
member of the Renegotiation Board.
posed oil price increase by the producing
deficit level set in May. Indeed, we will be
The PRESIDING OFFICER. Without
nations, as President Ford said yester-
hard put to stay at $68.8 billion. When
objection, it is\so ordered.
day, is unacceptable. In my view, the oil
we act this September on the second con-
tariff imposed unilaterally by the Presi-
current resolution, we will give the Na-
dent is equally unacceptable.
tion clear signals on the debt ceiling to be
NOMINATION OF CHRISTOPHER U.
Our problems will not be solved, how-
voted in mid-November.
SYLVESTER OF NORTH DAKOTA
ever, by stalemate or by the Congress
By September action will be completed
TO BE A MEMBER OF THE RENE-
and the President engaging in partisan
on appropriation bills. If they call for in-
GOTIATION BOARD
political accusations. There is plenty of
creases in the deficit and thus in the debt
Mr. CURTIS. Mr. President, I call up
blame to go around for our Government's
ceiling, our choices will be to cut spend-
the nomination for Senate approval.
HR 3922
S 11736
CONGRESSIONAL RECORD-SENATE
June 26, 1975
Mr. LONG. Mr. President, I shall not
INCREASE IN THE TEMPORARY
unanimous consent that the order for
oppose the nomination. I understand why
DEBT LIMITATION
the quorum call be rescinded.
the Senator has sought to expedite this
The Senate continued with the con-
The PRESIDING OFFICER. Without
matter. I simply wish to have it under-
sideration of the bill (H.R. 8030) to in-
objection, it is so ordered.
stood that when we vote the nomination
crease the temporary debt limitation.
through, no motion to reconsider will be
The PRESIDING OFFICER. The bill
made at that point in the event that
OLDER AMERICANS AMENDMENTS
someone may come in and say he was
having been read the third time, the
OF 1975
question is, Shall the bill pass?
not aware of the fact that we were plan-
The yeas and nays have been ordered,
Mr. MANSFIELD. Mr. President, I ask
ning to vote on it.
and the clerk will call the roll.
unanimous consent that the Senate pro-
Mr. CURTIS. Very well.
The legislative clerk called the roll.
ceed to the consideration of Calendar No.
Mr. LONG. If there is some objection,
Mr. ROBERT C. BYRD of West Vir-
249, S. 1425.
of which I am totally unaware, any Sena-
ginia. I announce that the Senator from
The PRESIDING OFFICER. The bill
tor reading the record may come in and
Wyoming (Mr. McGEE), the Senator
will be stated by title.
ask that it be reconsidered, and we would.
from Illinois (Mr. STEVENSON), and the
The legislative clerk read as follows:
reconsider it.
Senator from California (Mr. TUNNEY),
A bill (S. 1425) to amend the Older Ameri-
Mr. CURTIS. Very well.
are necessarily absent.
cans Act of 1965 to extend the authoriza-
The PRESIDING OFFICER. Without
I also announce that the Senator from
tions of appropriations contained in such
objection, the nomination will be stated.
Act, and for other purposes.
The assistant legislative clerk read the
New Mexico (Mr. MONTOYA), is absent
because of death in the family.
The PRESIDING OFFICER. Is there
nomination of Christopher U. Sylvester
I further announce that, if present and
objection to the present consideration of
to be a member of the Renegotiation
voting, the Senator from Illinois (Mr.
the bill?
Board.
The PRESIDING OFFICER. Without
STEVENSON), would vote "yea."
There being no objection, the Senate
Mr. GRIFFIN. I announce that the
proceeded to consider the bill which had
objection, the nomination is considered
Senator from Arizona (Mr. GOLDWATER)
been reported from the Committee on
and confirmed.
and the Senator from Oregon (Mr. HAT-
Labor and Public Welfare, with an
Mr. CURTIS subsequently said: Mr.
FIELD), are necessarily absent.
amendment to strike out all after the
President, I wish to report that the nomi-
I further announce that, if present
enacting clause and insert:
nation of Christopher U. Sylvester, of
and voting, the Senator from Oregon
That this Act may be cited as the "Older
North Dakota, to be a member of the
(Mr. HATFIELD) and the Senator from
Americans Amendments of 1975".
Renegotiation Board was approved sub-
Arizona (Mr. GOLDWATER) would each
TITLE I-AMENDMENTS TO OLDER AMERI-
ject to the nominee's commitment to re-
vote "nay."
CANS ACT OF 1965
spond to requests to appear and testify
The result was announced-yeas 72,
TRANSMISSION OF CERTAIN RECOMMENDATIONS
before any duly constituted committee of
nays 21, as follows:
RELATING TO FEDERAL COUNCIL ON AGING
the Senate. Mr. Sylvester has made such
a commitment. He has also written a let-
[Rollcall Vote No. 256 Leg.]
SEC. 101. (a) Section 205(g) of the Older
Americans Act of 1965, as amended (42 U.S.C.
ter to the chairman of the Committee on
YEAS-72
3015(g)) (hereinafter in this title referred
Finance complying with that ruling.
Abourezk
Glenn
Mondale
to as the "Act") is amended by striking out
Baker
Gravel
Muskie
"eighteen months after enactment of this
Bayh
Griffin
Nelson
Act" and inserting in lieu thereof "January
Beall
Hart, Gary W.
Packwood
LEGISLATIVE SESSION
1, 1976,".
Bentsen
Hart, Philip A.
Pastore
Biden
Hartke
Pearson
(b) Section 205(h) of the Act (42 U.S.C.
Mr. ROBERT C. BYRD. Mr. President,
Brock
Haskell
Pell
3015(h)) is amended by striking out
I ask unanimous consent that the Senate
Brooke
Hathaway
Percy
"eighteen months after enactment of this
return to the consideration of legisla-
Buckley
Hruska
Proxmire
Act," and inserting in lieu thereof "January
Bumpers
Huddleston
tive business.
Randolph
1, 1976,".
Burdick
Humphrey
Ribicoff
The PRESIDING OFFICER. Without
Case
Inouye
Roth
APPLICATION OF OTHER LAWS
objection, it is so ordered.
Chiles
Jackson
Schweiker
SEC. 102. Title II of the Act (42 U.S.C. 3011
Church
Javits
Scott, Hugh
Clark
et seq.) is amended by adding at the end
Johnston
Sparkman
Cranston
Kennedy
thereof the following new section:
Stafford
DETERMINATION OF SENATE ELEC-
Culver
Leahy
Stennis
"APPLICATION OF OTHER LAWS
TION IN NEW HAMPSHIRE
Curtis
Long
Stevens
Dole
"SEC. 211. The provisions and requirements
Magnuson
Stone
The Senate continued with the con-
Domenici
Mathias
Taft
of the Act of December 5, 1974 (Public Law
sideration of the resolution (S. Res. 166)
Eagleton
McClellan
Tower
93-510; 88 Stat. 1604) shall not apply to the
Eastland
McGovern
Welcker
administration of the provisions of this Act
relating to the determination of the con-
Fong
McIntyre
Williams
or to the administration of any program or
tested election for a seat in the U.S.
Ford
Metcalf
Young
activity under this Act.".
Senate from the State of New Hamp-
NAYS-21
DEFINITION OF SOCIAL SERVICES
shire.
Allen
Garn
Moss
SEC. 103. Section 302(1) of the Act (42
ORDER FOR 1 HOUR OF DEBATE ON CLOTURE MO-
Bartlett
Hansen
Nunn
U.S.C. 3022(1)) is amended-
TION TO BEGIN AT 10:45 A.M. TOMORROW
Bellmon
Helms
Scott,
(1) in subparagraph (E) thereof, by strik-
Byrd,
Hollings
William L.
Mr. ROBERT C. BYRD. Mr. Presi-
Harry F., Jr.
Laxalt
Symington
ing out "or" at the end thereof; and
dent, I ask unanimous consent that the
Byrd, Robert C. Mansfield
Talmadge
(2) by redesignating subparagraph (F) as
Cannon
1 hour on cloture tomorrow begin run-
McClure
Thurmond
subparagraph (H) and by inserting imme-
Fannin
Morgan
diately after subparagraph (E) the following
ning at the hour of 10:45 a.m.
Mr. HUGH SCOTT. Mr. President, if
NOT VOTING-6
new subparagraphs:
"(F) services designed to provide legal
the Senator will yield, that is, I take it,
Goldwater
McGee
Stevenson
Hatfield
Montoya
(including tax and financial) counseling and
as I understand it, will be preceded by
Tunney
services to older persons;
a quorum call, not necessarily an auto-
So the bill (H.R. 8030) was passed.
"(G) services designed to enable older
matic, but a quorum call. In other words,
persons to attain and maintain physical and
Mr. MANSFIELD. Mr. President, I
we can expect the vote to occur by 12
mental well being through programs of reg-
suggest the absence of a quorum.
ular physical activity and exercise; or".
noon in the way in which the Senator's
The PRESIDING OFFICER (Mr.
GRANTS TO INDIAN TRIBES
request is framed.
Mr. ROBERT C. BYRD. Yes.
DOLE). The clerk will call the roll.
Sec. 104. (a) Section 303(b) of the Act
The PRESIDING OFFICER. Is there
The second assistant legislative clerk
(42 U.S.C. 3023(b)) is amended by redesig-
proceeded to call the roll.
nating paragraph (3) as paragraph (4) and
objection? The Chair hears none, and it
by inserting immediately after paragraph
is so ordered.
Mr. MANSFIELD. Mr. President, I ask
(2) the following new paragraph:
Nate esp. Secty's letter re
Age Discrimination Act P. 511741
GLEASE FORD LIBRARY
June 26, 1975
CONGRESSIONAL RECORD SENATE
S11737
"(3) (A) In any State in which the Com-
(F) and by inserting immediately following
amount equal to 25 per centum of such al-
missioner determines (after having taken
subparagraph (D) the following new sub-
lotments for fiscal year 1974, but in any case
into account the amount of funds available
paragraph:
an amount not to exceed $25,000.
to the State agency or to an appropriate area
"(E) in conjunction with the agency desig-
whichever is greater.
agency on aging to carry out the purposes
nated pursuant to section 2003 (1) (C) of
"(3) For fiscal year 1977 and for each suc-
of this title) that the members of an Indian
the Social Security Act (42 U.S.C. 1397b), and
ceeding fiscal year each State agency speci-
tribe are not receiving benefits under this
as required by section 2004(2) (H) of such
fied in clause (A) of paragraph (2) may re-
title that are equivalent to benefits provided
Act, coordinate activities under the State
tain an amount equal to an amount not to
to other older persons in the State or appro-
plan developed pursuant to section 305(a)
exceed 8 per centum of the amount by which
priate area, and if he further determines
with the provision of services to older Amer-
the allotment for that State under section
that the members of such tribe would be
icans under part A of title XX of the Social
303 plus the allotment for the State under
better served by means of grants made di-
Security Act;"
section 703 for the fiscal year exceeds the
rectly to provide such benefits, he shall
(b) Section 304(c) (4) of the Act (42 U.S.C.
sum of such allotments for fiscal year
reserve from sums that would otherwise be
3024(c) (4)) is amended by striking out sub-
1976, but in any case an amount not to ex-
allotted to such State under paragraph (2)
paragraph (C) and by redesignating sub-
ceed $100,000.
not less than 100 per centum nor more than
paragraph (D) through subparagraph (F) as
"(4) For fiscal year 1977 and for each suc-
150 per centum of an amount which bears
subparagraph (C) through subparagraph
ceeding fiscal year, each State agency speci-
the same ratio to the State's allotment for
(E), respectively.
fied in clause (B) of paragraph (2) may re-
the fiscal year involved as the population
(c) Section 304 of the Act (42 U.S.C. 3024)
tain an amount equal to an amount not to
of all Indians aged sixty or over for whom
is amended by inserting after subsection (c)
exceed 8 per centum of the amount by which
a determination under this paragraph has
the following new subsection:
the allotment for that State under section
been made bears to the population of all
"(d) (1) Subject to regulations issued by
303 plus the allotment of that State under
persons aged sixty or over in such State.
the Secretary of Health, Education, and Wel-
section 703 for the fiscal year exceeds the sum
"(B) The sums reserved by the Commis-
fare, an area agency on aging designated un-
of such allotments for fiscal year 1974 but in
sioner on the basis of his determination
der subsection (a) or, in areas of a State
any case an amount not to exceed $100,000.
under this paragraph shall be granted to the
where no such agency has been designated,
"(5) Notwithstanding any other provision
tribal organization serving the individuals
the State agency, is authorized to enter into
of this subsection, no State shall receive less
for whom such a determination has been
agreements with agencies administering pro-
than that State received under this sub-
made, or where there is no tribal organiza-
grams under the Rehabilitation Act of 1973,
section for fiscal year 1975.
tion, to such other entity as he determines
as amended, and titles VI, XIX, and XX of
"(6) Amounts received under this para-
has the capacity to provide services pursu-
the Social Security Act for the purpose of
graph shall be used for administration of
ant to this title.
developing and implementing plans for meet-
programs under this title and title VII of
"(C) In order for a tribal organization or
ing the common need for transportation serv-
this Act.".
other entity to be eligible for a grant for a
ices of persons receiving benefits under such
MODEL PROJECT REQUIREMENTS
fiscal year under this paragraph, it shall sub-
Acts and older Americans participating in
mit to the Commissioner a plan for such
programs authorized by titles III and VII of
SEC. 108. Section 308(a) of the Act (42
fiscal year which meets such criteria as the
this Act.
U.S.C. 3028(a)) is amended by striking out
Commissioner may prescribe by regulation
"(2) Pursuant to an agreement entered
the word "or" at the end of paragraph (3)
and which meets criteria established by sec-
into under paragraph (1), funds appropriated
and inserting immediately after paragraph
tion 305(a), to the extent the Commissioner
under titles III and VII of this Act may be
(4) the following new paragraphs:
determines such criteria to be appropriate.
used to purchase transportation services for
"(5) enable State agencies on aging and
"(D) Recipients of grants under this para-
older persons and may be pooled with funds
other public and private nonprofit organiza-
made available for the provision of trans-
tions to assist in the promotion and devel-
graph may retain for administrative purposes
portation services under the Rehabilitation
opment of ombudsmen services for residents
an amount equal to the amount available for
the cost of the administration of area plans
Act of 1978, as amended, and titles VI, XIX,
of nursing homes;
under section (1)
and XX of the Social Security Act.".
"(6) meet the special needs of, and im-
prove the delivery of services to, older
(b) Section 102 of the Act (42 U.S.C. 3002)
LOW-INCOME INDIVIDUALS AND RURAL ELDERLY
is amended by adding at the end thereof the
Americans who are not receiving adequate
SEC. 106. Section of the Act (42
services under other provisions of the Act,
following new paragraphs:
U.S.C. 3024) is amended by renumbering
with emphasis on the needs of low-income
"(4) 'Indian' means a person who is a
paragraphs 6, 7, 8, and 9 as paragraphs 8,
member of an Indian tribe.
minority, Indian, and limited-English indi-
9, 10, and 11, respectively, and inserting the
viduals, and the rural elderly;
"(5) 'Indian tribe' means any tribe, band,
following new paragraphs:
"(7) encourage the participation of older
nation, or other organized group or com-
"(6) provides that the needs of low-in-
persons in activities connected with the
munity of Indians (including any Alaska
come elderly persons will be taken into ac-
celebration of the American Bicentennial;
Native village or regional or village corpora-
count in developing and implementing the
or
tion as defined in or established pursuant to
State plan;
"(8) assist older persons to remain within
the Alaska Native Claims Settlement Act
"(7) provides that the relative distribu-
their communities and out of institutions
(85 Stat. 683)) (A) which is recognized as
tion of older persons residing in rural and
and to maintain their independent living by
eligible for the special programs and services
urban areas within the State will be taken
(A) providing financial assistance for the
provided by the United States to Indians be-
into account in developing and implement-
establishment and operation of senior ambu-
cause of their status as Indians; or (B)
ing the State plan;".
latory care day centers (providing a planned
which is located on, or in proximity to, a
ADMINISTRATION OF STATE PLANS
schedule of health, therapeutic, educational,
Federal or State reservation or rancheria.
"(6) "Tribal organization' means the recog-
SEC. 107. (a) Section 306(b) (1) of the
nutritional, recreational, and social services
nized governing body of any Indian tribe,
Act (42 U.S.C. 3026(b) (1)) is amended by
at least twenty-four hours per week, trans-
striking out "$160,000" in clause (A) and
portation arrangements at low or no cost for
or any legally established organization of
inserting in lieu thereof "$200,000", and by
participants to and from the center, a hot
Indians which is controlled, sanctioned, or
striking out "$50,000" in clause (B) and in-
mid-day meal, outreach and public informa-
chartered by such governing body: Provided,
That in any case where a contract is let or
serting in lieu thereof "$62,500".
tion programs, and opportunities for maxi-
(b) Section 306(b) of the Act is amended
mum participation of senior participants and
grant made to an organization to perform
services benefiting more than one Indian
by redesignating paragraph (2) as paragraph
senior volunteers in the planning and oper-
(7) and by inserting immediately after par-
ation of the center), and (B) maintaining or
tribe, the approval of each such Indian tribe
shall be a prerequisite to the letting or mak-
agraph (1) the following new paragraphs:
initiating, or providing reasonable assur-
"(2) For fiscal year 1976, and for the period
ances of doing so, arrangements with the
ing of such contract or grant.".
(c) The first sentence of section 303(b) (2)
beginning July 1, 1976, and ending Septem-
agency of the State concerned which ad-
of the Act (42 U.S.C. 3023(b) (2)) is amended
ber 30, 1976, each State agency may retain
ministers or supervises the administration of
by striking out "From" and inserting in lieu
an amount equal to-
a State plan approved under title XIX of the
"(A) the increase in the minimum amount
Social Security Act, and with other appro-
thereof "Subject to the provisions of para-
specified in clause (A) of the first sentence
priate social services agencies receiving or
graph (3), from".
of this paragraph enacted by section 107(a)
reimbursed through Federal financial assist-
(d) Section 303(b) (4) of the Act (42
U.S.C. 3023(b) (4)), as so redesignated by
of the Older Americans Amendments of 1975,
ance, for the payment of all or a part of the
center's costs in providing services to eligible
subsection (a), is amended by inserting im-
or
mediately after "States" the following: ",
"(B) an amount not to exceed 8 per cen-
persons.".
and the number of Indians aged sixty or
tum of the amount by which the allotment
TRANSPORTATION, HOME SERVICE, AND LEGAL
over on, or in proximity to, any Federal or
for that State under section 303 plus the
COUNSELING PROJECTS
State reservation or rancheria.".
allotment for that State under section 703
SEC. 109 Section 309 of the Act (42 U.S.C.
(1) for that fiscal year exceeds the sum of
3029) is amended to read as follows:
STATE AND AREA PLAN REQUIREMENTS
such allotments for fiscal year 1974, but in
"SEC. 309. (a) There are authorized to be
SEC. 105. (a) Section 304(a) (1) of the Act
any case an amount not to exceed $100,000,
appropriated $50,000,000 for the fiscal year
(42 U.S.C. 3024(a)) is amended by redesig-
and (ii) for the period beginning July 1, 1976,
ending June 30, 1976, $12,500,000 for the pe-
nating subparagraph (E) as subparagraph
and ending September 30, 1976, exceeds an
riod beginning July 1, 1976, and ending Sep-
S11738
CONGRESSIONAL RECORD
June 26, 1975
tember 30, 1976, and $50,000,000 for the fiscal
the capacity of public and private agencies
(d) Section 431 of the Act (42 U.S.C.
year ending September 30, 1977, to be allotted
entrusted with administrative responsibili-
3037) is amended by striking out "and"
to the States in accordance with the allot-
ties under this Act, and to clarify the roles
immediately after "1974," and by inserting
ment formula contained in section 303 in
and relationships between and among pub-
immediately after "1975" the following:
order to carry out the purposes of this sec-
lic and private agencies which administer
", the fiscal year ending June 30, 1976, the
tion. From sums appropriated under this sec-
programs essential to fulfill the purposes of
period beginning July 1, 1976, and ending
tion, the Commissioner is authorized to make
this Act, including but not limited to such
September 30, 1976, and the fiscal year end-
grants to each State having a State plan
short-term training activities as workshops,
ing September 30, 1977."
approved under section 305 for the purpose of
technical-assistance, and organizational de-
(e) Section 505(a) of the Act (42 U.S.C.
paying up to 90 per centum of the costs of
velopment support,".
3041d(a)) is amended by striking out "and"
the following:
(c) Section 404 of the Act (42 U.S.C. 3034)
immediately after "1974," and by inserting
"(1) Projects designed to meet the trans-
is amended by adding at the end thereof
immediately after "1975" the following: "the
portation needs of older persons, with special
the following new subsection:
fiscal year ending June 30, 1976, the period
emphasis on (A) providing supportive trans-
"(c) The Commissioner may make
beginning July 1, 1976, and ending Septem-
portation in connection with nutrition proj-
grants under subsection (a) to assist in (A)
ber 30, 1976, and the fiscal year ending Sep-
ects operated pursuant to title VII of this
the training of lawyers and paraprofessional
tember 30, 1977.".
Act, and (B) providing transportation for the
persons who will (1) provide legal (including
(f) Section 708 of the Act (42 U.S.C. 3045g)
purpose of enabling older persons to obtain
tax and financial) counseling and services
is amended in the first sentence thereof by
medical services;
to older persons; or (2) monitor the admin-
striking out: "$200,000,000" and inserting in
"(2) Projects designed to meet the needs
istration of any program by any public or
lieu thereof "$225,000,000", and by striking
of older persons for home services including
private nonprofit institution, organization, or
out "$250,000,000" and inserting in lieu
homemaker services, home health services,
agency, or any State or political subdivision
thereof "$275,000,000.".
shopping services, escort services, reader serv-
of a State, designed to provide assistance or
services to older persons, including nursing
COMMUNITY SERVICE EMPLOYMENT FOR
ices, letter writing services, and other serv-
ices designed to assist such persons to con-
home programs and other similar programs;
OLDER AMERICANS
tinue living independently in a home en-
and (B) the training of persons employed by
SEC. 115. (a) The Act is amended by adding
vironment; and
or associated with public or private nonprofit
at the end thereof the following new title:
"(3) Projects to establish or support legal
agencies or organizations, including a State
"TITLE IX-COMMUNITY SERVICE EM-
(including tax and financial) counseling and
or political subdivision of a State, who will
PLOYMENT FOR OLDER AMERICANS
services programs for older persons, including
identify legal problems affecting older per-
"SHORT TITLE
the training of lawyers and paraprofessional
sons, develop solutions for these problems,
persons where the provision of such training
and mobilize the resources of the commu-
"SEC. 901. This title may be cited as the
is necessary for the successful operation of a
nity to respond to the legal needs of older
'Older American Community Service Employ-
persons.".
ment Act'.
program authorized by this paragraph.
"(b) The allotment to a State under this
STATE PLANS
"OLDER AMERICAN COMMUNITY SERVICE
section shall be available for grants and
SEC. 112. Section 705(a) (4) of the Act (42
EMPLOYMENT PROGRAM
contracts to area agencies on aging, desig-
U.S.C. 3045d(a (4)) is amended by changing
"SEC. 902. (a) In order to foster and pro-
nated under section 304(a) (2) or, where
the period to a comma and inserting the
mote useful part-time work opportunities
there is no area agency, to other public or
following immediately after the comma: "and
in community service activities for unem-
nonprofit private agencies that the State
that the relative distribution of older per-
ployed low-income persons who are fifty-five
agency determines have the capacity to meet
sons residing in rural urban areas in such
years old or older and who have poor em-
the transportation, home service, or legal
State will be taken into account in award-
ployment prospects, the Secretary of Labor
counseling and services needs of older per-
ing grants.".
(hereinafter in this title referred to as the
sons. In making grants and contracts for
PURCHASE OF CERTAIN PRODUCTS BY THE
'Secretary') is authorized to establish an
the provision of transportation, home serv-
SECRETARY OF AGRICULTURE
older American community service employ-
toes or legal counseling and services under
ment program."
this section, State agencies shall give prior-
SEO. 113. (a) Section 707(d) of the Act (42
U.S.C. 3045f) is amended by striking out "10
"(b) (1) In order to carry out the pro-
ity to applicants proposing to serve areas
visions of this title, the Secretary is author-
in which the supply of such services is in-
cents per meal:" and inserting in lieu thereof
adequate to meet the needs of older persons.
"25 cents per meal during the fiscal year end-
ized to enter into agreements with public or
ing September 30, 1976, and 50 cents per meal
private nonprofit agencies or organizations,
"(c) Within 120 days following the enact-
during the fiscal year ending September 30,
including national organizations, agencies of
ment of legislation appropriating funds as
1977:".
a State government or a political subdivision
authorized by this section, the Commissioner
shall issue final regulations for implementa-
(b) Section 707 of the Act is amended in
of a State (having elected or duly appointed
governing officials), or a combination of
tion of the program herein authorized.
paragraphs (a), (b), and (c) by striking out
"may" each time it appears and inserting in
such political subdivision, or tribal orga-
"(d) The Commissioner is authorized and
lieu thereof "shall".
nizations in order to further the purposes
directed to request the technical assistance
and goals of the program. Such agreements
and cooperation of the Secretary of Trans-
AUTHORIZATION OF APPROPRIATIONS
may include provisions for the payment of
portation and such other departments and
SEC. 114. (a) Section 204(c) of the Act (42
costs, as provided in subsection (0), of proj-
agencies of the Federal Government as may
U.S.C. 3014(c)) is amended by striking out
ects developed by such organizations and
be appropriate for the proper and effective
"and" immediately after "1974," and by in-
agencies in cooperation with the Secretary
administration of this section.".
serting immediately after "1975," the follow-
in order to make the program effective or to
ATTRACTING QUALIFIED PERSONS TO THE
ing: "the fiscal year ending June 30, 1976, the
supplement the program. No payment shall
FIELD OF AGING
period beginning July 1, 1976, and ending
be made by the Secretary toward the cost
September 30, 1976, and the fiscal year end-
of any project established or administered
SEC. 110. Section 403 of the Act (42 U.S.C.
3033) is amended by inserting "two or four
ing September 30, 1977,".
by any such organization or agencies unless
(b) (1) Section 303(a) of the Act (42 U.S.C.
he determines that such project-
year" before "institutions" the first time it
appears in such section.
3023(a)) is amended by striking out "and"
"(A) will provide employment only for
immediately after "1974," and by inserting
eligible individuals, except for necessary
TRAINING PERSONNEL TO PERFORM COUN-
immediately after "1975," the following:
technical, administrative, and supervisory
SELING AND MONITORING FUNCTIONS
$200,000,000 for the fiscal year ending June
personnel, but such personnel shall, to the
SEC. 111. (a) Section 404(a) (1) of the Act
30, 1976, $60,000,000 for the period beginning
fullest extent possible, be recruited from
(42 U.S.C. 3034(a) (1)) is amended to read
July 1, 1976, and ending September 30, 1976,
among eligible individuals;
as follows:
and $240,000,000 for the fiscal year ending
"(B) will provide employment for eligible
(1) to assist in covering the cost of train-
September 30, 1977,".
individuals in the community in which such
ing or study for two-year or four-year college
(2) Section 303(b) (2) of the Act (42 U.S.C.
individuals reside, or in nearby communities;
or university-based programs including but
3023(b) (2)) is amended by striking out
"(C) will employ eligible individuals in
not limited to the coverage of such costs as
"and" immediately after "1974," and by in-
services related to publicly owned and op-
faculty support, student support (in class-
serting immediately after "1975," the fol-
erated facilities and projects, or projects
room and field learning exercises, includ-
lowing: "for the fiscal year ending June 30,
sponsored by organizations, other than po-
ing workshops, seminars, and professional
1976, the period beginning July 1, 1976, and
litical parties, exempt from taxation under
meetings), courses within the appropriate
ending September 30, 1976, and for the fis-
the provisions of section 501(c) (3) of the
curricula, and such costs as technical assist-
cal year ending September 30, 1977,".
Internal Revenue Code of 1954, except proj-
ance and program development in working
(c) Section 308(b) of the Act (42 U.S.C.
ects involving the construction, operation,
with older persons.".
3028(b)) is amended by striking out "and"
or maintenance of any facility used or to
(b) Section 404(a)(3) of the Act (42
immediately after "1974," and by inserting
be used as a place for sectarian religious IN-
U.S.C. 3034(a) (3)) is amended to read as
immediately after "1975" the following:
struction or worship;
follows:
", the fiscal year ending June 30, 1976, the
"(D) will contribute to the general wel-
"(8) for short-term or inservice training
period beginning July 1, 1976, and ending
fare of the community;
to support program operational activities,
September 30, 1976, and the fiscal year end-
"(E) will provide employment for eligible
strengthen program management, improve
ing September 30, 1977."
individuals whose opportunities for other
June 26, 1975
CONGRESSIONAL RECORD
S11739
suitable public or private paid employment
services and facilities contributed from non-
mal coordination with such other programs.
are poor;
Federal sources.
In carrying out the provisions of this sec-
"(F) (1) will result in an increase in em-
"ADMINISTRATION
tion, the Secretary shall promote programs
ployment opportunities over those oppor-
tunities which would otherwise be available,
"SEC. 903. (a) In order to effectively carry
or projects of a similar nature. Each Federal
(ii) will not result in the displacement of
out the purposes of this title, the Secretary
agency shall cooperate with the Secretary in
currently employed workers (including par-
shall, through the Commissioner, of the Ad-
disseminating information about the avail-
ministration on Aging, consult with the
ability of assistance under this title and in
tial displacement such as a reduction in the
State agency on aging designated under sec-
promoting the identification and interests of
hours of nonovertime work or wages or em-
tion 304(a) (1) and the appropriate area
individuals eligible for employment in proj-
ployment benefits), and (iii) will not im-
ects assisted under this title.
pair existing contracts or result in the sub-
agencies on aging established under section
statution of Federal for other funds in con-
304(a) (2) with regard to-
"EQUITABLE DISTRIBUTION OF ASSISTANCE
nection with work that would otherwise be
"(1) the localities in which community
"SEC. 906. (a) (1) From sums appropriated
performed;
service projects of the type authorized by
under this title for each fiscal year, the Sec-
"(G) will not employ or continue to em-
this title are most needed;
retary shall first reserve such sums as may
play any eligible individual to perform work
"(2) consideration of the employment sit-
be necessary, and such additional sums as
the same or substantially the same as that
uations and the type of skills possessed by
he may deem advisable, for national grants
performed by any other person who is on
available local individuals who are eligible to
or contracts with public agencies and public
laydif;
particapate; and
or private nonprofit organizations for the
(FI) will utilize methods of recruitment
"(3) potential projects and the number
administration of programs under this title
and selection (including listing of job vacan-
and percentage of eligible individuals in the
in an aggregate amount equal to the pay-
cies with the employment agency operated by
local population.
ments made for such contracts in fiscal year
any State or political subdivision thereof)
"(b) If the Secretary determines that to
1975 from funds appropriated under title IX
which will assure that the maximum number
do so would increase job opportunities avail-
of the Older Americans Comprehensive Serv-
of eligible individuals will have an oppor-
able to individuals under this title, the Sec-
ices Amendments of 1973 and under title III
tunity to participate in the project;
retary is authorized to coordinate the pro-
of the Comprehensive Employment and
"(I) will include such training as may be
gram assisted under this title with programs
Training Act of 1973 for community service
necessary to make the most effective use of
authorized under the Emergency Jobs and
employment programs for older Americans.
the skills and talents of those individuals
Unemployment Assistance Act of 1974, the
Preference in awarding such grants or con-
who are participating, and will provide for the
Comprehensive Employment and Training
tracts shall be given to national organiza-
payment of the reasonable expenses of indi-
Act of 1973, the Community Services Act of
tions of proven ability in providing employ-
viduals being trained, including a reasonable
1974, and the Emergency Employment Act of
ment services to older people under this and
subsistence allowance;
1971. Appropriations under this Act may not
similar programs. Each such grant or con-
"(J) will assure that safe and healthy con-
be used to carry out any program under the
tract shall contain provisions to assure that
ditions of work will be provided, and will
Emergency Jobs and Unemployment Assist-
projects conducted pursuant to such con-
assure that persons employed in community
ance Act of 1974, Comprehensive Employ-
tracts during fiscal year 1975 will be con-
service jobs assisted under this title shall be
ment and Training Act of 1973, the Com-
tinued if the Secretary determines that such
paid wages which shall not be lower than
munity Services Act of 1974, or the Emer-
projects are successfully carrying out the
whichever is the highest of (1) the minimum
gency Employment Act of 1971.
purposes of this title.
wage which would be applicable to the em-
"(c) In carrying out the provisions of this
"(2) The Secretary shall allot for projects
ployee under the Fair Labor Standards Act
title, the Secretary is authorized to use, with
within each State the remainder of the sums
of 1938, if section 6(a) (1) of such Act applied
their consent, the services, equipment, per-
appropriated for any fiscal year under section
sonnel, and facilities of Federal and other
to the participant and if he were not exempt
908 so that equal proportions are distributed
under section 13 thereof, (11) the State or
agencies with or without reimbursement, and
on the basis of an amount which bears the
local minimum wage for the most nearly
on a similar basis to cooperate with other
same ratio to such sums as the number of
comparable covered employment, or (iii) the
public and private agencies, and instrumen-
persons aged fifty-five or over in the State
prevailing rates of pay for persons employed
talities in the use of services, equipment,
involved bears to the number of such persons
and facilities.
in similar public occupations by the same
in all States, except that (A) the Secretary
"(d) Payments under this title may be
shall reduce the allotment made to each State
employer;
"(K) will be established or administered
made in advance or by way of reimbursement
under this paragraph by the amount reserved
with the advice of persons competent in the
and in such installments as the Secretary
under paragraph (1) of this subsection and
field of service in which employment is being
may determine.
available for expenditure in that State for the
"(e) The Secretary shall not delegate any
fiscal year for which the determination is
provided, and of persons who are knowledge-
able with regard to the needs of older persons;
function of the Secretary under this title
made, (B) no State shall be allotted any
to any other department or agency of the
sums under this paragraph for any fiscal
"(L) will authorize pay for necessary
transportation costs of eligible individuals
Federal Government.
year until the Secretary determines that the
amount to be allotted to that State in the
which may be incurred in employment in
"PARTICIPANTS NOT FEDERAL EMPLOYEES
fiscal year for which the determination is
any project funded under this title in ac-
"SEC. 904. (a) Eligible individuals who are
made is equal to the amount reserved under
cordance with regulations promulgated by
employed in any project funded under this
paragraph (1) of this subsection and avail-
the Secretary;
title shall not be considered to be Federal
able for expenditure in that State for that
"(M) will assure that, to the extent
employees as a result of such employment
fiscal year, (C) no State shall be allotted less
feasible, such project will serve the needs
and shall not be subject to the provisions of
than one-half of 1 per centum of the sum
of minority, Indian, and limited English-
part III of title 5, United States Code.
appropriated for the fiscal year for which the
speaking eligible individuals in proportion
"(b) No contract shall be entered into
determination is made, or $100,000, whichever
to their numbers in the State; and
under this title with a contractor who is, or
is greater, and (D) Guam, American Samoa,
"(N) will authorize funds to be used, ito
whose employees are, under State law, ex-
the Virgin Islands, and the Trust Territory
the extent feasible, to include individuals
empted from operation of the State work-
of the Pacific Islands shall each be allotted
participating in such project under any State
men's compensation law, generally applicable
an amount equal to one-fourth of 1 per
unemployment insurance plan.
to employees, unless the contractor shall
centum of the sum appropriated for the fiscal
"(2) The Secretary is authorized to estab-
undertake to provide either through insur-
year for which the determination is made, or
lish, issue, and amend such regulations as
ance by a recognized carrier, or by self-in-
$50,000, which is greater. For the purpose of
may be necessary to effectively carry out the
surance, as authorized by State law, that
the exception contained in this paragraph,
provisions of this title.
the persons employed under the contract
the term 'State' does not include Guam,
"(c) (1) The Secretary is authorized to pay
shall enjoy workmen's compensation cover-
American Samoa, the Virgin Islands, and
not to exceed 90 per centum of the cost of
age equal to that provided by law for covered
the Trust Territory of the Pacific Islands.
any project which is the subject of an agree-
employment.
"(3) The number of persons aged fifty-
ment entered into under subsection (b),
"INTERAGENCY COOPERATION
five or over in any State and for all States,
except that the Secretary is authorized to
shall be determined by the Secretary on the
"SEC. 905. (a) The Secretary shall con-
pay all of the costs of any such project which
basis of the most satisfactory data available
sult with, and obtain the written views of,
to him.
is (A) an emergency or disaster project, or
the Commissioner of the Administration on
(B) a project located in an economically
"(b) The amount allotted for projects
Aging prior to the establishment of rules or
depressed area as determined in consultation
within any State under subsection (a) for
the establishment of general policy in the
with the Secretary of Commerce and the Di-
any fiscal year which the Secretary deter-
administration of this title.
rector of the Community Services Adminis-
mines will not be required for such year
"(b) The Secretary shall consult and CO-
tration.
shall be reallotted, from time to time and on
operate with the Director of the Community
such dates during such year as the Secre-
"(2) The non-Federal share shall be in
Services Administration, the Secretary of
tary may fix, to projects within other States
cash or in kind. In determining the amount
Health, Education, and Welfare, and the
in proportion to the original allotments to
of the non-Federal share, the Secretary is
heads of other Federal agencies carrying out
projects within such States under subsection
authorized to attribute fair market value to
related programs, in order to achieve opti-
(a) for such year, but with such proportion-
S11740
CONGRESSIONAL RECORD-SENATE
June 26, 1975
ate amount for any of such other States be-
striking out "Commissioners'" and inserting
amended by inserting "(1)" immediately be-
ing reduced to the extent it exceeds the sum
in lieu thereof "Commissioner's".
fore "At least one-third" and by adding at the
the Secretary estimates that projects within
(f) Section 432(b) of the Act (42 U.S.C.
end thereof the following new paragraph:
such State need and will be able to use for
3037a(b)) is amended by striking out "part"
"(2) From funds made available under this
such year; and the total of such reductions
and inserting in lieu thereof "title".
section, special consideration shall be given
shall be similarly reallotted among the States
(g) The last sentence of section 507(b) of
to special consumer and homemaking pro-
whose proportionate amounts were not so
the Act (42 U.S.C. 3041f(b)) is amended by
grams for persons aged sixty or older who
reduced. Any amount reallotted to a State
striking out "or" the second place it appears
are in need of services provided by such pro.
under this subsection during a year shall be
therein and inserting in lieu thereof "of".
grams, as determined by the Commissioner
deemed part of its allotment under subsec-
(h) The heading for section 703 of the
Such programs shall be designed to assist
tion (a) for such year.
Act (42 U.S.C. 3045b) is amended by strik-
such persons to live independently in their
"(c) The amount apportioned for projects
ing out "ALLOTTMENT" and inserting in lieu
own homes and to alleviate the adverse efflects
within each State under subsection (a) shall
thereof "ALLOTMENT".
of loneliness and-isolation.".
be apportioned among areas within each such
(1) The last sentence of section 703(c) of
AMENDMENT TO RESEARCH ON AGING ACT OF 1974
State in an equitable manner, taking into
the Act (42 U.S.C. 3045b(c)) is amended by
consideration (1) the proportion which
striking out "in kind" and inserting in lieu
SEC. 205. Section 464 of the Public He/alth
eligible individuals in each such area bears
thereof "in-kind".
Service Act (42 U.S.C. 289k-5) is amended
to such total number of such individuals,
(j) The last sentence of section 703 (d) of
by striking out "one year" and inserting in
respectively, in that State, and (2) the rela-
the Act (42 U.S.C. 3045b is amended by.
lieu thereof "two years".
tive distribution of such individuals residing
striking out "in kind" and inserting in lieu
TITLE III-STUDY OF DISCRIMINATION
in rural and urban areas within the State
thereof "in-kind".
BASED ON AGE
"DEFINITIONS
(k) Section 705(a) (2) of the Act (42 U.S.C.
SEC. 301. (a) The Commission on Civil
"SEC. 907. As used in this title-
3045d(a) (2)) is amended by striking out
Rights (hereinafter called the "Commis-
"(1) the term 'State' means any of the
"sets" and inserting in lieu thereof "set".
sion") is directed to undertake a study to
several States of the United States, the Dis-
(1) Section 705(a) (2) (B) of the Act (42
determine whether persons who are other-
trict of Columbia, Puerto Rico, the Virgin
U.S.C. 3045d(a) (2) (B)) is amended by strik-
wise qualified are, because of their age, ex-
Islands, American Samoa, Guam, and the
ing out "cost, for the fiscal year ending June
cluded from participation in, denied the
Trust Territory of the Pacific Islands:
30, 1973," and all that follows through "1973,
benefits of, or subjected to discrimination
"(2) the term 'eligible individual' means
funds" and inserting in lieu thereof "cost.
under any program or activity receiving Fed-
an individual who is fifty-five years old or
Funds".
eral financial assistance. If the Commission
over, who has a low income, and who has or
(m) Section 705(a) (5) of the Act (42
finds substantial evidence of such exclusion,
would have difficulty in securing employ-
U.S.C. 3045d(a) (5)) is amended by striking
denial, or discrimination on account of age,
ment except that pursuant to regulations
out "areas" and inserting in lieu thereof
the Commission shall seek to determine the
prescribed by the Secretary any such indi-
"area".
nature, extent, and causes of such exclusion,
vidual who is sixty years old or over shall
(n) The last sentence of section 705(c) of
denial, or discrimination and shall identify
have priority for the work opportunities pro-
the Act (42 U.S.C. 3045d is amended by
with particularity the federally assisted pro-
vided for under this Act;
inserting a comma immediately after "fail-
grams or activities concerned.
"(3) the term 'community service' means
ure" the first place it appears therein and
(b) No later than one year following the
social, health, welfare, educational, legal
such sentence is further amended by striking
date on which legislation is enacted to ap-
counseling, library, recreational, and other
out the word "part" and inserting in lieu
propriate funds for the conduct of the study
similar services; conservation, maintenance
thereof "title".
herein provided, the Commission shall make
or restoration of natural resources; commu-
(o) Section 706(a) (5) of the Act (42
a report of its findings to the Congress and
nity betterment or beautification; antipol-
U.S.C. 3045e(a) (5)) is amended by inserting
the President, together with its recommenda-
lution and environmental quality efforts;
a comma immediately after "requirements"
tions regarding the legislative and adminis-
economic development; and such other serv-
the second place it appears therein.
trative measures necessary for corrective ac-
ices essential and necessary to the commu-
(p) Section 706(a) (8) of the Act (42
tion, if any.
nity as the Secretary, by regulation, may
U.S.C. 3045e(a) (8)) is amended by inserting
a comma immediately after "program" the
(c) There are authorized to be appropri-
prescribe; and
second place it appears therein.
ated such sums as may be necessary to carry
"(4) the term 'program' means the Older
out the purposes of this section.
American Community Service Employment
TITLE I-AMENDMENTS TO OTHER
Program established under this title.
LAWS
The PRESIDING OFFICER (Mr.
"AUTHORIZATION OF APPROPRIATIONS
HIGHER EDUCATION ACT OF 1965
BAKER). The Senate will be in order. Sen-
SEC. 201. Section 110(b) of the Higher
ators will please take their seats.
"SEC. 908. There are authorized to be ap-
propriated $100,000,000 for the fiscal year
Education Act of 1965 (20 U.S.C. 1008a(b))
Mr. EAGLETON. Mr. President, I shall
ending June 30, 1976, $37,500,000 for the
is amended by striking out "July 1, 1977"
be very brief. The distinguished Senator
period beginning July 1, 1976, and ending
and inserting in lieu thereof "October 1,
from Kansas (Mr. DOLE) has an amend-
September 30, 1976, $150,000,000 for the fiscal
1977", by striking out "and" immediately
ment which he will offer, which I am sure
year ending September 30, 1977, and $200,-
after "1973," and inserting in lieu thereof
"for", and by inserting immediately before
will be accepted-it is acceptable to my-
000,000 for the fiscal year ending September
30, 1978.".
the period at the end thereof the following:
self as manager of the bill and to the
(b) Title IX of the Older Americans Com-
", and for the period beginning July 1, 1976,
ranking Republican member, the Sen-
prehensive Services Amendments of 1973 (42
and ending September 30, 1976".
ator from Maryland (Mr. BEALL)
U.S.C. 3061 et seq.) is hereby repealed.
ADULT EDUCATION ACT
Mr. President, programs authorized
(c) Notwithstanding any other provision
SEC. 202. Section 310(b) of the Adult Edu-
under the Older Americans Act have be-
of law, sums appropriated to carry out title
cation Act (20 U.S.C. 1208a(b)) is amended
come vital elements in the range of
IX of the Older Americans Comprehensive
by striking out "July 1, 1975" and inserting
measures through which we seek to im-
Services Amendments of 1973 for fiscal year
in lieu thereof "October 1, 1977", by strik-
prove the lives of older people in this
1975 may be used for older American com-
ing out "and" immediately after "1973," and
munity service employment projects con-
Nation. Under title III of the act which
inserting in lieu thereof "for", and by in-
ducted as part of the Operation Mainstream
serting immediately before the period at the
authorizes grants to the States for the
program under title III of the Comprehensive
end thereof the following: ", and for the
provision of social, educational, and re-
Employment and Training Act of 1973.
period beginning July 1, 1976, and ending
lated services, and entire new network of
TECHNICAL AMENDMENTS
September 30, 1976".
area agencies on aging has been estab-
SEC. 116. (a) Section 102(1) of the Act
OLDER AMERICANS COMPREHENSIVE SERVICES
lished-more than 400 of them in com-
(42 U.S.C. 3002(1)) is amended by striking
AMENDMENTS OF 1973
munities across the Nation. Today's bill
out the semicolon at the end thereof and
SEC. 203. Section 805 of the Older Ameri-
authorizes the continuation of this pro-
inserting in lieu thereof a period.
cans Comprehensive Services Amendments of
gram for an additional 2 years through
(b) The heading for section 202 of the Act
1973 (42 U.S.C. 2809 note) is amended-
September 30, 1977, at somewhat in-
(42 U.S.C. 3012) is amended by striking out
(1) by striking out "fiscal year" the second
creased levels of authorization.
"OFFICE" and inserting in lieu thereof
place it appears therein and inserting in lieu
"ADMINISTRATION".
thereof "four fiscal years and the period be-
In addition, the bill developed by our
(c) Section 202(a) (8) of the Act (42 U.S.C.
ginning July 1, 1976, and ending Septem-
Subcommittee on Aging contains a new
3012(a) (8) is amended by striking out
ber 30, 1976"; and
program of special emphasis grants to
"and" at the end thereof.
(2) by striking out "Economic Opportuni-
the States for activities in three areas
(d) Section 303(b) (1) of the Act (42 U.S.C.
ty Act of 1964" and inserting in lieu thereof
that Congress has identified to be of
3023 (b) (1)) is amended by striking out
"Community Services Act of 1974".
critical importance to older citizens:
"authorized to be".
VOCATIONAL EDUCATION ACT OF 1963
Transportation, home services, and legal
(e) The last sentence of section 305(e) of
SEC. 204. Section 161(d) of the Vocational
counseling and services. The need for im-
the Act (42 U.S.C. 3025(e)) is amended by
Education Act of 1963 (20 U.S.C. 1341 (d)) is
proved transportation services for the
June 26, 1975
CONGRESSIONAL RECORD SENATE
11741
elderly has been thoroughly documented,
Another major program that is con-
provisions barring age discrimination in
most recently in a study by HEW's Ad-
tinued and expanded by this legislation,
federally assisted programs much the
ministration on Aging entitled, "Trans-
Mr. President, is the Older Americans
same as those included in the House bill.
portation for the Elderly: The State of
Community Service Employment Act
However, after our subcommittee execu-
Art." This report points up the inade-
which is included as title IX of the
tive session, the following letter was re-
quacy of present public and private
Older Americans Act. Under this pro-
ceived from the Honorable Caspar Wein-
transportation services for older people
gram, more than 12,000 retired individ-
berger, Secretary of the Department of
and makes the cases for special trans-
uals, aged 55 and older, are performing
Health, Education, and Welfare, pointing
portation arrangements for the elderly
useful work in their local communities
up a number of difficulties which the ad-
where féasible. The new title III pro-
on a part-time basis. Funds under this
ministration had with the antiage dis-
gram contained in this bill will help to
program are provided to the Department
crimination language; which I ask unan-
make that possible by authorizing grants
of Labor for grants to create these part-
imous consent to have printed in the
to the States, which will in turn provide
time public service job opportunities for
RECORD.
the money to local agencies, to establish
older persons. The program is adminis-
There being no objection, the letter was
new transportation services and improve
tered primarily through contracts with
ordered to be printed in the RECORD, as
existing ones. I should add, Mr. Presi-
four major national aging organiza-
follows:
dent, that one of the inspirations for
tions and the U.S. Forest Service. The
WASHINGTON, D.C.,
this program has been the OATS-older
record of this program-known various-
June 18, 1975.
Americans transportation system-proj-
ly as senior aides and green thumb-is
Hon. HARRISON A. WILLIAMS, Jr.,
ect in my home State of Missouri. This
Chairman, Committee on Labor and Public
a splendid one, Mr. President, and an
Welfare, U.S. Senate, Washington, D.C.
system operates in three-fourths of
outstanding record has been established
DEAR MR. CHAIRMAN: This is to expand on
Missouri counties on regular routes to
in its administration by the national
one of the central points made in our letter
meet the needs of older persons-par-
contractors. The committee bill would
to you of May 9 outlining a number of con-
ticularly the rural elderly-for trans-
enable the continuation of this program
cerns that the Department of Health, Edu-
portation into town, to the doctor's office,
for 3 years at an expanded rate. We cal-
cation and Welfare has regarding certain
to go shopping, or for the multitude of
culate that if this title were fully fund-
provisions of the House-passed H.R. 3922, a
other purposes that help older persons
ed, there would be available 33,000 older
bill to Amend the Older Americans Act of
avoid the social isolation that so often
workers jobs in fiscal year 1976, 45,000
1965, now under consideration by your Com-
mittee.
afflicts old age.
in fiscal year 1977, and 59,000 in fiscal
While we have not had an opportunity to
The value of various kinds of home
year 1978.
review the bill as reported by the Subcom-
services has been equally well demon-
There are a number of other provisions
mittee on Aging and thus do not know to
strated. Far too often, older people are
contained in this bill which amend vari-
what extent the concerns outlined in our
warehoused in institutions simply be-
ous sections of the Older Americans Act.
May 9 letter may have been accommodated,
cause there is not available the kind of
For the most part they do not make
we understand that Title III of the bill-the
minimal health care or homemaker as-
major changes in the act since we
"Age Discrimination Act of 1975"-has been
enacted a complete revision only 2 years
reported substantially in the form passed by
sistance or shopping assistance that
the House, and that the only significant
would enable them to stay in heir own
ago. More time is needed to evaluate the
change from the House-passed Title III is a
homes. It is always risky to claim that a
results of that work. However, this legis-
specific exemption of employment practices
new program will actually result in cost
lation addresses itself to several areas in
of employers, employment agencies or labor
savings, yet it is the fact that respected
which problems have arisen, including
organizations which are subject to the Age
medical and gerontological authorities
the provision of services to the rural el-
Distrimination in Employment Act.
are convinced that many of the more
derly, who are so often left out of pro-
As noted in my earlier letter, we fully
than 1 million older Americans con-
grams because of the difficulty in reach-
agree that the issue of age discrimination
ing them, and special arrangements are
should be addressed with respect to all pro-
fined at great expense in nursing homes
grams operated under aegis of Federal law.
could be treated more cheaply at home.
made to insure that members of Indian
However, Title III of H.R. 3922 still raises
And, more importantly, the availability
tribes are not ignored by agencies having
questions which we believe have not been
of home care would enable them to live
responsibilities under this act. The sec-
sufficiently explored.
fuller, richer lives.
tion-by-section analysis which I shall ap-
Since neither the Congress nor the Admin-
The third special emphasis program
pend to the conclusion of my statement
istration have had sufficient time to explore
provides a more detailed statement of
the potential ramifications of the Age Dis-
covered by the new authority in this
legislation deals with legal services to
the provisions of this bill.
criminaiton Act, its enactment at this time
the elderly. Perhaps more than any oth-
Finally, Mr. President, there is one
in the form passed by the House would
leave unresolved a host of issues comparable
er group, old people rely upon complex
additional matter to which I wish to
in gravity and complexity to those raised in
public and private programs for their
call the attention of my colleagues, the
the sex discrimination provisions of Title IX
daily subsistence. Many have no experi-
subject of age discrimination. In the
of the Education Amendments of 1972 and
ence at dealing with governmental pro-
companion bill passed by the House of
the prohibitions of discrimination against
grams and they are often confused by
Representatives (H.R. 3922) there is in-
the handicapped contained in Section 504 of
cluded as one title the proposed "Age
the 1973 Rehabilitation Act. Thus, for the
the bureaucracies administering the
Discrimination Act of 1975." The purpose
Congress to enact Title III of H.R. 3922 as
programs upon which they are depend-
of this act is to bar discrimination on
written would leave to the Executive Branch
ent. If they meet poverty guidelines,
the formulation of momentous policy deci-
they may be able to get some assistance
account of age in the administration of
sions in wholly uncharted areas without the
under the legal services program. How-
any federally assisted program. The
benefit of any specific legislative guidance.
ever, there is clearly a need for funds
effect is to create a new system to en-
In one key respect the Title III language
to stimulate the growth of legal pro-
force the sanction against age discrim-
before your Committee is even vaguer than
grams for the aging and particularly
ination that is generally parallel to the
that of Title IX and Section 504: It bars only
to serve those who, while not falling be-
system embodied in title VI of the Civil
"unreasonable" discrimination on account of
low the poverty line, do not have suffi-
Rights Act. Any entity operating a pro-
age. The proposed Act would prohibit dis-
gram assisted with Federal funds would
crimination based on age in any program or
cient means to employ lawyers to assist
activity receiving Federal financial assistance
them in the conduct of their affairs.
be subject to termination of funding if
except where age is "reasonably" taken into
The new special emphasis program
a finding were made that individuals
account as & factor necessary to the normal
contained in S. 1425 authorizes $50 mil-
were denied the benefits of, or participa-
operation of a program of activity, or where
lion a year in grants to the States for
tion in, the program because of their age.
"reasonable" factors other than age are the
the development of services in these
In addition, the Attorney General would
basis of differentiation by age, or where an-
be empowered to sue to enjoin a pattern
other law provides for benefits or assistance
three priority areas, Mr. President. I
or practice of age discrimination.
to persons on the basis of age.
hope that we will be able to convince
Mr. President, our Subcommittee on
Neither the bill nor its legislative history
our colleagues of the need for appropri-
indicates what factors would be "reason-
Aging shares the concern expressed by
ating funds 80 that the promise that
able." Even & very preliminary review of the
the House on the subject of age discrim-
potential ramifications suggests a myriad of
these new programs hold will become
ination. For that reason, we included in
unexplored issues such as the following:
reality.
the bill reported by our subcommittee
Is it "reasonable" for school systems to ex-
S11742
CONGRESSIONAL RECORD-SENATE
June 26, 1975
clude three-year-olds from kindergarten
act. The Joint Funding Simplification Act
This section revises the present section 309
classes? Or eleven-year-olds from high school
allows the transfer of programs from one
of the Older Americans Act and authorizes
classes?
agency or department to another agency or
the appropriation of $50 million in each,
Can a medical or dental school bar a 50-
department.
Fiscal Year 1976 and Fiscal Year 1977, to be
year-old person from taking one of its lim-
Section 103-Definition of Social Services:
distributed to the states under the formula
ited classroom seats because his or her life
This section amends section 302(1) of the
contained in present section 303 of the Act
expectancy suggests a practice of relatively
act to include within the definition of the
for the purpose of paying up to 90% of the
brief duration?
term "social services," legal counseling and
cost of the following projects:
Is it "reasonable" to limit reduced-fare or
services to older persons and programs de-
(1) Transportation projects, with special
free public transportation to those age 65 or
signed to maintain and improve the physical
emphasis on those providing transportation
over?
fitness of older persons.
in connection with Title VII nutrition proj-
Can existing guaranteed housing loans and
Section 104-Allotments to Indian Tribes:
ects and on projects providing transportation
senior citizens housing programs be limited
This section amends Section 303 (b) of the
to older persons to enable them to obtain
to specific age groups?
act by adding a new paragraph which per-
medical services;
At what age would a person be deemed to
mits the Commissioner to provide direct
(2) Home service projects, including those
be sufficently mature to consent to steriliza-
funding to an Indian tribal organization
which provide homemaker, home health, es-
tion, to receive family planning information
when he finds that members of such tribe
cort, shopping, and other services designed
or to elect specific medical treatment?
are not receiving benefits equivalent to those
to assist older persons in avoiding institu-
We are also greatly concerned over the
provided to other older persons in the state
tionalization;
immense workload that implementation of
or appropriate area (taking into account the
(3) Projects to provide legal counseling
Title III as proposed would add to this De-
amount of funds made available to the state
and services to older persons.
partment's Office for Civil Rights, which is
or area agency for such purposes) and when
Funds under this section are made avail-
now responsible for dealing with the issues
he further finds that members of the tribe
able to the states for grants to area agencies
flowing from the 1972 Education Act Amend-
would be better served through such direct
on aging or, in areas where no such agency
ments, the 1973 Rehabilitation Act and Title
funding. Funds so provided through direct
has been designated, to other public or pri-
VI of the Civil Rights Act of 1964.
funding are to be reserved from the allot-
vate non-profit agencies to carry out such
We suggest that the Congress not act pre-
ment to the state.
projects. Priority must be given to applicants
cipitously on this matter but instead give
Section 105-State and Area Plan Require-
that will serve areas where the supply of such
itself and the Executive Branch a reasonable
ments:
services is inadequate. The Commissioner on
interval to explore and resolve such issues as
Subsection (a) amends section 304(a) of
Aging is required to issue regulations for
I have outlined above before formulating an
the act by adding a new paragraph author-
implementation of these provisions within 90
Age Discrimination Act.
izing the state agency on aging to coordinate
days after legislation appropriating funds is
Sincerely,
activities under the state plan with activi-
enacted and the Commissioner is authorized
CASPER W. WEINBERGER,
ties conducted under Title XX of the Social
to request the technical assistance and co-
Secretary.
Security Act.
operation of the Secretary of Transportation
Subsections (b) and (c) amend section
in administering this program.
Mr. EAGLETON. This subject was con-
304 of the act by adding a new paragraph
Section 110-Gerontology Training:
sidered by the full Committee on Labor
permitting state and area agencies on aging
Amends Section 403 of the Act to make
and Public Welfare and we determined
to enter into agreements with agencies ad-
clear that both two year and four year insti-
that, in view of the seriousness of the
ministering programs under the Rehabilita-
tutions of higher education are eligible for
concerns expressed by Secretary Wein-
tion Act of 1973 and Titles VI, XIX, and XX
grants and contracts for the purpose of at-
berger, a study of the problem of age
of the Social Security Act for the purpose of
tracting qualified persons to the field of
jointly funding transportation programs to
discrimination should be conducted by
aging.
meet the common needs of persons receiving
Section 111-New Training Authorities:
the agency that has had the broadest
benefits under such acts and persons partici-
Amends Section 404 of the Act to authorize
experience in analyzing discriminatory
pating in programs under Titles III and VII
training grants in two new categories:
situations in federally assisted programs.
of this Act.
(1) To assist in the training of lawyers, lay
Therefore, the bill assigns to the Civil
Section 106-Low Income Individuals and
advocates, and paraprofessional persons to
Rights Commission the task of making
Rural Elderly:
provide legal (including tax and financial)
a study of the nature, scope, and causes
Amends Section 305(a) to provide that, in
counseling and services to older persons and
developing and implementing their state
of such age discrimination as may exist
to monitor the administration of programs
plans, states must take into account:
in the administration of federally assist-
intended for their benefit, including nursing
The needs of low income elderly persons,
home programs; and
ed programs with a mandate to report
The relative distribution of older persons
(2) Grants for university based training in
back to Congress and the President with-
residing in rural and urban areas of the
gerontology in addition to currently author-
in 1 year after the date on which funds
state.
ized short-term and in-service training.
are appropriated for the conduct of the
Section 107-Administration of State
Section 112-State Plans:
study. We will then be able to assess the
Plans:
This section amends Section 306 to in-
Amends Section 705(a) to require that in
question of age discrimination with the
crease the minimum allotment for state ad-
awarding grants for nutrition projects, the
necessary data in hand and determine
ministrative funds for each state from
relative distribution of older persons between
whether or not legislation of the kind
$160,000 to $200,000 and to allow states, other
rural and urban areas of the state must be
I have described is called for.
taken into account.
than those benefiting by the increase in the
minimum allotment, to retain for state ad-
Section 113-Provision of Certain Products
Mr. President, I urge my colleagues to
lend their support to the adoption of S.
ministration 8% of Title III and Title VII
by Secretary of Agriculture:
1425, the Older Americans Amendments
funds granted them in excess of FY 74 levels.
Amends section 707 of the Act, relating to
The states benefiting by the increased mini-
the availability of surplus commodities for
of 1975.
mum would be allowed to retain 8% of the
nutrition projects for the elderly, in the fol-
Mr. President, I ask unanimous con-
amount by which Title III and Title VII
lowing respects:
sent to have printed in the RECORD a
funds exceed their Fiscal Year 1976 allot-
(1) Changes "may" to "shall" in setting
section-by-section analysis of S. 1425,
ments under these titles.
out the Secretary of Agriculture's authority
the Older American Amendments of 1975
Section 108-Model Projects:
to provide such commodities for nutrition
There being no objection, the material
Section 308 of the Act is amended by add-
projects for the elderly, and
was ordered to be printed in the RECORD,
ing the following new categories of model
(2) Increases the level of assistance to be
projects:
as follows:
provided by the Secretary of Agriculture in
(1) Projects which enable the state agen-
donated commodities from 10¢ to 25 d per
SECTION-BY-SECTION ANALYSIS: Tr
I-
cies on aging and other public and private
meal in Fiscal Year 1976 and to 50e per meal
AMENDMENTS TO THE OLDER AMERICANS
non-profit organizations to establish om-
in Fiscal Year 1977.
ACT OF 1965
budsmen programs on behalf of nursing home
Section 114-Authorization of Appropria-
Section 101-Federal Council on Aging:
residents.
tions:
This section extends until January 1, 1976
(2) Authorize the Commissioner on Aging
the deadline for completion of studies to be
to make grants to improve the level of serv-
Extends the authorization for appropila-
conducted by the Federal Council on Aging.
ices to low income, minority, Indian and
tions for two years in the following amounts
Section 102-Application of Other Laws:
limited English-speaking individuals and to
(in millions of dollars) :
This section amends title II of the Act by
the rural elderly.
Program:
FY 76
FY77
adding a new section 211. Section 211 states
(3) Encourage the participation of older
Title II-National Informa-
that the provisions and requirements of the
persons in-Bicentennial activities.
tion and Resource Clearing-
Joint Funding Simplification Act of 1974
(4) Assist in the establishment of senior
house
S/S
shall not apply to the administration of the
ambulatory care day centers.
Title III-Grants for state
provisions of this act or to the administra-
Section 109-Transportation, home serv-
and area activities
$260
$240
tion of any program or activity under this
ices and legal counseling projects:
Model Project Grants
8/8
June 26, 1975
CONGRESSIONAL RECORD-SENATE
S11743
Special Emphasis Grants for
under the title. The Secretary may coordi-
special consideration be given to special
transportation,
home
nate programs with: the Emergency Jobs and
consumer and homemaker education pro-
services and legal serv-
Unemployment Assistance Act of 1974, the
grams under the Vocational Education Act
ices
$62.5
$50
Comprehensive Employment and Training
for persons aged 60 and over.
Title IV-Training and Re-
Act of 1973, the Community Services Act of
search
S/S
s/s
1974, and the Emergency Employment Act of
TITLE III-STUDY OF DISCRIMINATION
Title V-Multipurpose Senior
1971.
BASED ON AGE
Centers
s/s
s/s
Subsection (e) provides that the Secretary
Section 301(a). The Commission on Civil
Title VII-Nutrition Projects_ $225
$275
shall not delegate any functions given to him
Rights is directed to undertake a study to
FY 76 figure includes transitional period
under this title to any other department or
determine whether otherwise eligible per-
from July 1, 1976 to September 30, 1976.
agency of the Federal Government.
sons are, because of their age, discriminated
Section 904. Participants Not Federal Em-
against in the administration of federally as-
3 Such sums as may be appropriated.
ployees-Subsection (a) requires that in-
sisted programs. In the event that the Com-
Section 115(a)-Community Service Em-
dividuals employed in programs under this
mission finds that such discriminatory
ployment for Older Americans:
title shall not be considered Federal em-
practices do exist, it is to seek to determine
This subsection amends the Older Ameri-
ployees and generally shall not be subject
their causes and extent and identify the fed-
cans Act by adding a new title: Title IX-
to laws related to Federal employment.
erally assisted programs involved. The Com-
Community Service Employment for Older
Subsection (b) forbids contracts to be en-
mission's report is due within one year after
Americans.
tered into under this title with a contractor
the date on which appropriations are made
Section 901. This title may be cited as the
who is, or whose employees are, exempted
for the conduct of the study.
Older American Community Service Em-
from State workmen's compensation law,
(b) Such sums as may be necessary to
ployment Act.
unless the contractor makes alternative pro-
carry out this section are authorized to be
Section 902(a). In order to foster and pro-
visions so that employees enjoy coverage
appropriated.
mote useful part-time work opportunities in
equal to that provided by law for covered
community service activities for unemployed
employment.
The PRESIDING OFFICER. The
low-income persons who are 55 years old
Section 905. Interagency Cooperation-
question is on agreeing to the com-
and older and who have poor employment
Subsection (a) directs the Secretary to con-
mittee amendment in the nature of a
prospects, the Secretary of Labor is author-
sult with and obtain the written views of
substitute.
ized to establish an Older American Com-
the Commissioner of the Administration on
munity Service Employment Program.
Aging prior to the establishment of rules or
The committee amendment in the na-
Subsection (b) (1) authorizes the Secretary
general policy concerning the administration
ture of a substitute was agreed to.
to enter into agreements with public or pri-
of this title.
The PRESIDING OFFICER (Mr.
vate nonprofit agencies or organizations, in-
Subsection (b) directs the Secretary to
BAKER). Without objection, the bill as
cluding national organizations, State or local
consult and cooperate with the Secretary of
now amended will be considered as
governmental agencies and Indian tribes in
Health, Education, and Welfare and the
order to carry out the purposes of this title.
original text for the purpose of further
heads of other Federal agencies carrying out
However, no payments may be made toward
amendment.
related programs in order to achieve optimal
the cost of any project unless certain con-
coordination with other programs.
Mr. EAGLETON. Mr. President, I
ditions are met. These conditions include:
Section 906. Equitable Distribution of As-
yield to the distinguished Senator from
(1) providing employment only for eligible
sistance-The existing formula for distribu-
Maryland (Mr. BEALL).
individuals, including administrative per-
tion of funds among the states is retained,
sonnel when feasible;
Mr. BEALL. Mr. President, it is a
however, the Secretary is directed to reserve
(2) providing projects in the community
from each year's appropriation funds to enter
pleasure to join with my distinguished
in which project participants reside;
into grants and contracts with national ag-
colleague from Missouri (Mr. EAGLETON),
(2) employing eligible individuals in serv-
ing organizations to conduct older workers
the chairman of the Labor and Public
ices related to publicly owned and operated
employment programs before allotting the
Welfare Committee's Subcommittee on
facilities or projects sponsored by organiza-
balance of the appropriation to the states.
Aging, during the Senate's consideration
tions other than political groups and reli-
The amount reserved will be equal to the
of the 1975 amendments to the Older
glous organizations;
level of funding of such national contracts
(4) providing employment to individuals
in Fiscal Year 1975 plus such additional sums
Americans Act. As a ranking minority
whose opportunities for regular employment
as the Secretary deems advisable. Expendi-
member on the Subcommittee on Aging,
are poor;
tures in a state for an older workers program
and a member on the Special Committee
(5) providing such training as may be nec-
conducted under a national contract must
on Aging, I have a deep and abiding inte-
essary as well as payment of reasonable ex-
be charged against the state's allotment, thus
est in the welfare of our Nation's 20 mil-
penses to enrolled individuals during the
reducing the allotment to each state in a
lion senior citizens. I have always con-
training period;
given fiscal year by the amount spent in the
tended that America's elderly citizens
(6) assuring safe and healthy working con-
state in that fiscal year for an older workers
deserve a great deal more attention than
ditions and a minimum wage which will not
program conducted pursuant to a national
be lower than the higher of:
contract.
they have previously received. They have
(a) the minimum wage established under
Section 907. Definitions-This section de-
certainly earned the right to live their
the Fair Labor Standards Act;
fines terms used in this title. "Eligible Indi-
retirement years in security, dignity, and
(b) the State or local minimum wage for
vidual" is a person who is 55 years old or
independence. I believe that we owe our
comparable employment; or
over with low income, and who has or would
senior citizens a great debt of gratitude,
(c) the prevailing rates of pay for persons
have difficulty in securing employment.
for they are primarily responsible for
performing similar work for the same em-
Section 908. The authorization for appro-
ployers;
the prosperity and the greatness our Na-
priations is extended through September 30,
(7) assuring that, to the extent feasible,
tion enjoys today.
1978 in the amount of $137.5 million for FY
projects will serve the needs of minority, In-
76, $150 million for FY 77, and $200 million
Mr. President, during the past 6
dian, and limited English speaking eligible
for FY 78. Funds appropriated under Title IX
months the members of the Subcommit-
individuals in proportion to their numbers.
in FY 75 are to remain available for use to
tee on Aging have worked to shape a bill
Subsection (c) (1) directs the Secretary to
continue similar programs conducted under
that would extend, expand, and build
pay not in excess of 90 percent of the cost of
Title III of the Comprehensive Employ-
upon the substantial progress we made
any project which meets the conditions spec-
ment and Training Act of 1973.
with the enactment of the Older Amer-
ified in subsections (b) (1). However, the
Section 115(b) repeals title IX of the Older
Secretary is authorized to pay the full cost of
icans Comprehensive Services Act of
Americans Comprehensive Services Amend-
emergency or disaster projects, or projects
ments of 1973.
1973 (Public Law 93-29). The 1973
located in economically depressed areas. The
amendments to the Older Americans
Section 116. Technical Amendments:
non-Federal share shall be in cash or in kind.
Makes numerous minor technical amend-
Act achieved three basic goals: First,
Section 903. Administration-This section
ments in the Act.
strengthened and increased the visibility
requires the Secretary to consult with State
of the Administration on Aging within
and local agencies concerning the areas in
TITLE II-AMENDMENTS TO OTHER LAWS
the Department of Health, Education,
which community service programs are most
Sections 201 and 202. These sections ex-
and Welfare: second, established, within
needed, the types of skills possessed by local
tend through fiscal year 1977 provisions au-
thorizing funds for programs for the elderly
the frameword of title III, a comprehen-
individuals who are eligible to participate,
and the number of eligible individuals in the
under the Adult Education Act and the
sive and coordinated system for the
local population.
Higher Education Act of 1965.
delivery of social services to the elderly,
Subsection (b) provides that the Secretary
Section 203. This section extends through
and third, title VII, established a nation-
may coordinate programs assisted by this
fiscal year 1977 authorizations for the Senior
wide nutrition program for needy senior
title with other Federal employment legisla-
Opportunities and Services Programs under
citizens which is currently serving over
tion, if such coordination would increase
the Community Services Act.
200,000 hot meals per day. S. 1425 rep-
job opportunities available to individuals
Section 204. This section requires that
resents a refinement and a reaffirmation
S11744
CONGRESSIONAL RECORD-SENATE
June 26, 1975
of the basic goals contained in Public
the Governor is ultimately responsible
whether it has been ordered that the
Law 93-29.
for both plans the task of coordinating
committee amendment be treated as
One can hardly comment on the prog-
the services provided pursuant to each
original text for purposes of amendment
ress we have made in recent years in our
logically falls on his shoulders. Both the
so that the Senate may consider an
effort to meet the needs of the elderly
bill and the report seek to maximize the
amendment to be offered by the Senator
without mentioning the role of Dr.
participation by senior citizens in the Bi-
from Kansas?
Arthur S. Fleming. Dr. Fleming is a
centennial Celebration. When I was
The PRESIDING OFFICER. The pre-
distinguished public servant and acad-
chairman of the sesquicentennial cele-
vious order was that the bill as amended
emician who has served his nation in a
bration in my hometown-Frostburg,
be considered as original text for the
variety of capacities in the last four dec-
Md.-I found that retired persons had
purpose of further amendment.
ades. As the Chairman of the 1971 White
the skill, the dedication, and the time to
Mr. EAGLETON. Thank you.
House Conference on Aging, Dr. Flem-
successfully plan and execute such a cele-
The PRESIDING OFFICER. The Sen-
ming brought together thousands of dele-
bration. I believe that the Bicentennial
ator from Missouri has the floor.
gates and experts from all across the Na-
Celebration desperately needs such an
Mr. EAGLETON. I yield to the distin-
tion. He foresaw a highly productive
infusion of talent and conversely the Bi-
guished Senator from West Virginia.
White House conference which helped to
centennial grants to many retired per-
Mr. RANDOLPH. Mr. President, I
generate the momentum that was needed
sons a golden opportunity to actively
commend the Senator from Missouri
to enact the kind of progressive legisla-
participate in a meaningful national un-
(Mr. EAGLETON) and the Senator from
tiion we have before us today. Since the
dertaking.
Maryland (Mr. BEALL), who have given
White House Conference on Aging, Dr.
Last year, the Congress passed and the
much time to this subject matter.
Flemming has served, first, as Special
President signed into law Public Law
Certainly the Older Americans Act was
Consultant to the President on aging,
93-351. This legislation extended the title
legislation which had as its purpose
and, since 1973, as Commissioner on
VII nutrition program for 3 additional
equity for the older citizens of the United
Aging, Dr. Flemming is an able adminis-
years. During the debate on that legisla-
States of America. It has worked well.
trator, an advocate of the needs of senior
tion I proposed an amendment which
It has had a productive record. The ac-
citizens, and a man dedicated to the
required the Secretary of Agriculture to
tion being taken here today is not only
cause of coordinating and making more
donate agricultural commodities to the
in the interest of our aging population,
effective the various governmental pro-
title VII nutrition program. The annual
but in the interest of the American peo-
grams affecting senior citizens.
level of support was 10 cents per meal.
ple as a whole. I again commend my able
I believe that S. 1425 will continue the
Mr. President, I would like to commend
colleagues, Senator EAGLETON and Sen-
progress we have made in the last 2 years
Secretary Butz, Juan Del Castillo, the
ator BEALL, for their effective efforts in
and further strengthen and solidify the
Director of the Food Distribution Divi-
bringing this vital measure to the Sen-
administrative structure on the State
sion, and the other officials at USDA who
ate.
and area agency level.
so promptly implemented the provisions
Mr. President, it is my privilege to
Last November I chaired a subcommit-
of Public Law 93-351. I am especially
serve as a member of the Special Com-
tee hearing in Salisbury, Md. which ex-
pleased that the Department of Agricul-
mittee on Aging and the Subcommittee
amined the area agency on aging con-
ture implemented this program in the
on Aging of the Committee on Labor and
cept in considerable depth. The lower
same positive spirit which brought about
Public Welfare. In these capacities I have
four counties of Maryland's eastern shore
its enactment by the 93d Congress. I
a deep interest and concern for the well-
have been included in an "area agency"
am equally pleased that the committee
being of the "senior citizens" of America.
which was established as a demonstration
has accepted my recommendation to
In these cruel times of inflation and
project 3 years ago. Thus, this particu-
raise the support level to 25 cents per
recession, the elderly have great need-
lar areawide model project gave the
meal during fiscal year 1976 and 50
a need perhaps greater than in any other
subcommittee a chance to study the area
cents per meal in fiscal year 1977. I pro-
segment of society-for Federal, State,
agency concept in a more fully developed
posed this increase in the level of agri-
and local assistance, both from a finan-
mode. This hearing, which was the first
cultural commodities support for several
cial and from a services standpoint.
in the five part series conducted by the
basic reasons:
Programs under the Older Americans
subcommittee in the preparation of this
First. The infusion of USDA com-
Act need to be improved. Notwithstand-
legislation reaffirmed my personal con-
modities has allowed the title VII pro-
ing steady, congressionally mandated in-
fidence in the area agency approach to
gram to expand in a significant manner
creases in the level of social security,
delivering services to the elderly.
even during a period of rapid inflation
the increases have been eroded virtually
Mr. President, S. 1425 extends the older
and necessarily tight budgetary restric-
to nothing by inflation. Fundamental
Americans Act for 2 additional years. In
tions.
prerequisites to survival-food, shelter,
doing so, it places emphasis on deliver-
Second. The huge purchasing power
warmth-are becoming more and more
ing several additional types of services:
of the Department of Agriculture makes
difficult to retain for those on low and
First, transportation; second, home serv-
these commodities available to the nu-
fixed incomes. Millions of older people
ices; third, legal and counseling services;
trition projects at a far lower cost than
suffer silently as these problems take
and fourth, services designed to improve
they could expect to find if they pur-
their toll.
and maintain the physical fitness of older
chased the same goods on the local
In expressing my support for the pend-
persons. In addition, this legislation
market.
ing measure, I note that the executive
would require the Civil Rights Commis-
Third. This type of program helps the
director of the West Virginia Commis-
sion to undertake a comprehensive study
agricultural sector of our economy by
sion on Aging, Dr. Louise Gerrard, testi-
of age discrimination. I believe that the
enabling the Secretary to stabilize farm
fied before the Aging Subcommittee. She
Congress should enact legislation to pro-
prices by purchasing the items he makes
is a diligent, effective, and capable direc-
hibit unreasonable and unwarranted dis-
available to the school lunch program,
tor of our West Virginia program, and
crimination against senior citizens. At
the title VII program, and so forth.
she is President of a new organization
the present time, however, the committee
In closing, Mr. President, I would also
known as the National Association of
did not feel that a sufficient body of data
note that S. 1425 extends and expands
State Units on Aging, on whose behalf
was available for us to adequately struc-
the title IV training and research pro-
she testified. Dr. Gerrard contributed
ture effective legislation to address this
gram, the title V senior citizen center
significantly to our committee considera-
problem. The 1-year study by the Civil
provisions, and the title IX community
tion of this bill.
Rights Commission should remedy this
service employment program. These
Mr. President, I urge adoption by the
situation and enable us to address our-
three provisions were originally in-
Senate of this legislation to extend and
selves to this pressing social problem.
cluded in Public Law 93-29 and each is
expand the Older Americans Act of 1965.
In addition, we have sought to insure
retained and/or expanded in this legis-
Mr. DOLE. Mr. President, I send an
that the Governors will coordinate State
lation.
amendment to the desk and ask for its
plans drafted pursuant to title III of the
Mr. President, I urge the Senate to
immediate consideration.
Older Americans Act with the State plans
give prompt and favorable considera-
The PRESIDING OFFICER. The
contained in the title XX social service
tion to this vital legislation.
amendment will be stated:
program in the Social Security Act. Since
Mr. EAGLETON. Mr. President, I ask
The legislative clerk read as follows:
June 26, 1975
CONGRESSIONAL RECORDSENATE
11745
The Senator from Kansas (Mr. DOLE) pro-
Act. It simply assures that the State's
Mr. WILLIAMS. Mr. President, today
poses an amendment as follows:
older citizens receive their fair share
we consider legislation which extends
Amend section 113 of S. 1425 by inserting
of Federal assistance.
and strengthens the Older Americans
a new subsection immediately after subsec-
T 9 PRESIDING OFFICER. The
Act. S. 1425 is a measure which I believe
tion (b).
question is on agreeing to the amend-
every Member of the Senate can support.
Mr. DOLE. Mr. President, I ask unan-
ment of the Senator from Kansas.
Let me commend the distinguished
imous consent that further reading of
The amendment was agreed to.
chairman of the Senate Subcommittee on
the amendment be dispensed with.
Mr. EAGLETON. Mr. President, I
Aging (Mr. EAGLETON) for the unanim-
The PRESIDING OFFICER. Without
yield to the Senator from Washington.
ity of support developed for this meas-
objection, it is so ordered.
Mr. MAGNUSON. Mr. President,
ure. The Senate Labor and Public Wel-
Mr. DOLE's amendment is as follows:
I would like to inquire, so that the record
fare Committee has a long and active
Amend Section 113 of S. 1425 by inserting
will be clear, what is the amount of the
history of concern for older Americans
a new subsection immediately after subsec-
authorization?
and this support is a fine tribute to their
tion (b)
Mr. EAGLETON. Over 3 years, a total
needs.
"(c) Sec. 707 of the Act is amended by
of $1.6 billion.
Older Americans are waging a daily
redesignating subsection (e) as subsection
Mr. MAGNUSON. The Senator from
(f) and inserting the following new subsec-
struggle against the high cost of living.
tion immediately following subsection (d)
Washington has the responsibility over
The social and economic problems which
(d) (1) Notwithstanding any other pro-
the appropriation for this bill. Does the
plague America have a special impact on
vision of law, where a State phased out its
Senator from Missouri expect to receive
her 20 million older citizens.
commodity distribution facilities prior to
full funding?
Inflation remains the No. 1 problem.
June 30, 1974, such State may, for purposes
Mr. EAGLETON. It is my anticipa-
Twenty percent of all Americans over the
of the programs authorized by this Act, elect
tion-I serve with the distinguished
age of 65 live in poverty. Many others live
to receive cash payments in lieu of donated
Senator from Washington on the com-
foods. Where such an election is made, the
dangerously close to the poverty level.
Secretary of Agriculture shall make cash
mittee, and it is my expectation that we
Rapidly rising food, fuel, and medical
payments to such State in an amount equiv-
will appropriate something less than
costs put a severe economic squeeze on
alent in value to the donated foods that the
$1.6 billion.
their budgets. Increasing property taxes
State would otherwise have received if it
Mr. MAGNUSON. Which will meet the
often drive them from their lifelong
had retained its commodity distribution
needs of a given year.
homes.
facilities.
Mr. EAGLETON. We had hoped to
Unemployment, like other social prob-
'(d) (2) When such payments are made,
meet the needs of fiscal year 1976.
lems, takes a higher toll among older
the State agency shall promptly and equi-
tably disburse any cash it receives in lieu of
Mr. MAGNUSON. Not all the needs,
workers. Among persons 55 and older,
commodities to recipients of grants or con-
but the reasonable needs.
unemployment jumped nearly 70 per-
tracts and such disbursements shall be used
Mr. EAGLETON. Yes.
cent in the last 8 months.
by such recipients of grants or contracts to
Mr. BEALL. Mr. President, if the Sen-
But these economic threats are not the
purchase United States agricultural commod-
ator will yield, I do not serve on the Ap-
the only assaults on the elderly budget.
ities and other foods for their nutrition
propriations Committee but I will say
The Ford administration has demon-
projects."
that the Appropriations Committee has
strated a definite lack of concern for
Mr. DOLE. Mr. President, this amend-
been very generous with these programs
their plight.
ment has been discussed with the Sena-
in the past; and, on the other hand, the
The President's proposed cutbacks in
tor from Missouri and the Senator from
Subcommittee on Aging has been con-
the elderly manpower and nutrition pro-
Maryland, and is acceptable to both.
servative in the requests we have in-
grams were especially shortsighted.
The amendment I offer to S. 1425 is
corporated in this legislation.
Congress successfully resisted these
designed to deal with a unique situation
Mr. MAGNUSON. I am sure the Sena-
cutbacks at every turn. While I agree
which exists in Kansas. For a State to
tor from Missouri will join with me in
with the President's desire to control
receive USDA commodities under title
suggesting that if we funded everything
Federal spending, his assault on the
VII of the Older Americans Act, it must
that is authorized in the Appropriations
elderly budget was both shortsighted and
have a commodity distribution system.
Committee, in the whole
self-defeating.
Last year, with the active encourage-
The PRESIDING OFFICER. Will the
We spend billions on the institutional
ment of the Department of Agriculture,
Senator from Washington please use his
care of the elderly yet we still see great
Kansas dismantled its commodity dis-
microphone?
reluctance for programs which help the
tribution system.
Mr. MAGNUSON. I say if we funded
elderly to remain independent and main-
As a consequence of this action,
everything that is authorized in these
tain productive lives while avoiding
Kansas was not able to receive the bene-
bills that come out of the Committee on
dependency.
fits of donated commodities for use in
Labor and Public Welfare and some of
This is the point that President Ford's
nutrition programs under the Older
the rest of the committees, even though
budget-cutting advisers always miss. At
Americans Act, the National School
we just raised the debt ceiling a few min-
its very heart, a policy of reducing elderly
Lunch Act, and the Child Nutrition Act
utes ago, the U.S. marshal would march
services is first and foremost false
of 1966. Instead, the State's schools have
down with a big sign and put it on the
economy.
been authorized by language in the con-
door of the Treasury.
I just want to warn the Senators that
Here the Older Americans Act has a
ference report on last year's child nu-
trition legislation to receive direct cash
we will have to cut the bill, because we
vital role to play. Ten years ago, this act
payments from USDA in lieu of donated
have a ceiling on appropriations beyond
was passed to coordinate the fragmented
commodities. And this year, the Senate
which we cannot go.
programs and services of the Govern-
Agriculture Committee has agreed to
But I assure the Senate that we will
ment.
language in the child nutrition bill (H.R.
fund this measure in a reasonable way.
The Administration on Aging was
4222) which would enable the State's
It is a good program. I just wanted to
created within the Federal structure as
schools and other service institutions to
have those remarks in the RECORD, be-
the focal point for national action and
receive cash-in-lieu-of-commodities in
cause Congress may appropriate $1.4 bil-
concern.
all child nutrition programs.
lion for the elderly, so our constituents
Today, 412 area agencies have been
In recognition of the unique problems
will understand, and will not be saying,
established in areas where 70 percent of
faced by Kansas with respect to com-
"Oh, we are going to get $1.6 billion,"
the elderly live. Twenty-one agencies in
modities, the amendment I am offering
because it is authorized.
my home State of New Jersey coordinate
would enable Kansas nutrition projects
It will be somewhere between the au-
and develop systems to link public and
for the elderly under the Older Ameri-
thorization and what we finally appro-
private agencies to meet the needs of
cans Act to receive the same cash-in-
priate.
older people.
lieu-of-commodities benefits now made
Mr. EAGLETON. Mr. President, I think
Area agencies have acted as both a
available to schools in the State.
the distinguished Senator from Washing-
stimulus and a catalyst in the develop-
The amendment in no way increases
ton is absolutely correct, and that it is
ment of a comprehensive network of
the amount of assistance which Kansas
very appropriate that he makes those re-
services. These agencies are not designed
would receive under the Older Americans
marks at this time.
to be competitors, but rather innovators
S11746
CONGRESSIONAL RECORD
June 26, 1975
and coordinators of services which could
OTHER AMENDMENTS
well recognized as is discrimination in
not otherwise be supplied.
The 1975 amendments build on the
employment, but it is certainly as detri-
OLDER AMERICAN ACT AMENDMENTS
solid achievements of the past 10 years
mental to the health and well-being of
As chairman of the Senate Labor and
and I urge their early adoption.
older persons.
Public Welfare Committee, and ranking
But they also contain something for
In conclusion, Mr. President, I want to
member of the Senate Special Aging
the future. They incorporate and pro-
emphasize that S. 1425 is a tuneup, not a
Committee, I have a long-standing com-
pose a special emphasis for programs in-
major overhaul. The 1975 amendments
mitment to the title III programs.
volving home service projects, legal
strengthen and expand the programs of
Over the years, title III has provided
counseling, and transportation.
proven quality, and therefore I urge my
a wide range of innovative programs in-
Each program focuses on the future
colleagues to promptly pass these vital
cluding home health care, homemaker,
directions of elderly services.
improvements.
employment referral, friendly visitor,
Legal counseling and assistance is a
Mr. CHURCH. Mr. President, I support
meals-on-wheels, and many others.
program of special importance to me.
the enactment of S. 1425, the older
In 1972, Congress amended the act to
We have come face to face with the need
Americans amendments.
provide for the title VII nutrition proj-
for legal assistance in our 3-year investi-
First, however, I wish to commend the
ects which now serve wholesome meals
gation of the private pension system.
chairman of the Subcommittee on Aging
to 225,000 elderly at more than 4,000
Time and again, we found our elderly
(Mr. EAGLETON) and the chairman of the
sites. These programs involve far more
citizens struggling with the legal com-
Labor and Public Welfare Committee
than food.
plexities of various private and public
(Mr. WILLIAMS) for their leadership in
In my visits to these sites, I have seen
benefit programs.
bringing this bill to the floor.
the human contact which is made when
All too often, benefits were lost simply
The bill makes major improvements
the elderly have a place to meet and
because they could not understand the
in the Older Americans Act and other
socialize. Those attending enjoy a new
complex legal requirements. The reality
legislation affecting the elderly. And, I
breath of life as they associate with oth-
of "equal justice under the law" depends
am hopeful that it can be acted upon
ers making new friends and renewing old
on the ability of our legal services de-
expeditiously in order that the elderly
ones.
livery system to reach the millions of
can benefit promptly from this measure.
Even more important is the informa-
Americans who need legal assistance
I am also pleased that the bill includes
tion service which enlightens them con-
each year.
in one form or another almost every pro-
cerning the many available services and
Today's legislation provides a special
vision in my older Americans amend-
health programs which are saving lives.
emphasis to this goal.
ments, S. 1426. That proposal received
S. 1425 would continue these programs
Transportation is another service of
strong support and was cosponsored by
for another 2 years with authorizations
critical importance. Transportation rep-
the Senators from New Jersey (Mr. WIL-
at increased levels. In addition, it would
resents the third largest expenditure in
LIAMS), California (Mr. TUNNEY), Florida
further strengthen title VII by author-
the elderly budget and is the critical ele-
(Mr. CHILES), Iowa (Mr. CLARK), Florida
izing funds to assist States in paying part
ment for many in obtaining any partici-
(Mr. STONE), Rhode Island (Mr. PELL),
of the administrative costs of the pro-
pation in elderly programs.
Indiana (Mr. HARTKE), West Virginia
gram.
More than 1 million elderly live in
(Mr. RANDOLPH), North Dakota (Mr.
OLDER AMERICAN COMMUNITY SERVICE
nursing homes. Patients must often stay
BURDICK), Massachusetts (Mr. KEN-
EMPLOYMENT ACT
in the hospital longer than is necessary
NEDY), Minnesota (Mr. HUMPHREY),
Until community service employment
from a medical point of view. Or they
Connecticut (Mr. RIBICOFF), Colorado
programs were initiated under the Older
must go to a nursing home because they
(Mr. HASKELL), and Washington (Mr.
Americans Act, very little attention had
cannot receive adequate care at home.
MAGNUSON).
been paid to the income needs of those
A recent GAO study found that 25
OLDER AMERICANS ACT AMENDMENTS
who were at or close to retirement. S. 1425
percent of patients in hospitals and nurs-
The committee bill-as proposed in
would continue the title IX National
ing homes are being treated in facilities
my older Americans amendments-
Senior Service Corps for 3 years with
which provide a higher level of care than
would extend the title III State and com-
increased authorizations.
they need.
munity programs on aging for 2 years
Experience under this program has
Here again, the amendments to title
and with increased funding authority.
demonstrated that there are many com-
III permit additional authorizations for
Title III has proven its value to older
munity tasks on which older persons can
projects designed to encourage home
Americans time and time again by mak-
be employed.
services. These projects could provide an
ing helpful services available to enable
Community work can recapture and
important impetus to the development of
them to live independently in their own
preserve human abilities, utilize man-
services which will assist the elderly to
homes, instead of being institutionalized
power, provide satisfying occupation, and
avoid institutionalization
at a much higher public cost.
forestall additions to the mounting wel-
For those in institutions, we must ex-
Moreover, 8. 1425 would provide a
fare caseload.
plore mechanisms to maintain the vital-
specific earmarked authorization to give
With unemployment at its highest
ity of life. Many times, the institutional-
special attention to three major needs
level in 34 years, this amendment be-
ized American is the forgotten American.
of the elderly: transportation, in-home
comes all the more compelling.
S. 1425 incorporates an amendment
services, and legal counseling.
The committee estimates that enact-
which I proposed in committee to author-
Today many older Americans-regard-
ment of title IX can provide 137,000 part-
ize a nursing home ombudsman program.
less of their income-are discovering that
time jobs for older workers over the next
This program could draw on the excel-
they live under a form of house arrest,
3 years.
lent experience of the nursing home om-
cut off from vital services because of
Economic hardship alone would be
budsman experiment of the National
limited mobility. This is especially true
adequate cause for expansion of employ-
Council of Senior Citizens. Since 1972, the
in rural areas. Only about 46 percent
ment opportunities of the older age
national council has conducted an om-
of all elderly persons are licensed to
group. But other reasons exist, too.
budsman experiment which has attained
drive. Unfortunately, however, public
The Department of Labor over the last
excellent results in employing volunteers
transportation is frequently inconven-
few years has given sporadic attention
to insure the elderly have an advocate
ient, inaccessible, or expensive.
and study to the unique needs and prob-
to protect their interests in various insti-
As chairman of the Senate Committee
lems of older workers.
tutions.
on Aging, I am pleased that S. 1425
Indicative of the negative attitude was
Finally, S. 1425 directs the Civil Rights
emphasized in-home services as a prior-
the announced plan to phase out elderly
Commission to undertake a thorough
ity need. Most older Americans would
manpower programs administered by
study of age discrimination. There is in-
prefer to remain in their own homes.
national contractors. Although the De-
creasing evidence of significant discrim-
And, the vast majority can, provided ap-
partment has since retreated from this
ination against older persons in programs
propriate supportive services are avail-
position, the amendments would clarify
which receive Federal funding for provi-
able.
the congressional intent to preserve the
sions of services to the general popula-
Hearings conducted by the Senate
elderly programs first developed under
tion. This form of discrimination in re-
Committee on Aging have made it abun-
Operation Mainstream.
ceipt of services based on age is not as
dantly clear that older Americans have
June 26, 1975
CONGRESSIONAL RECORD
S 11747
numerous legal problems-whether it in-
VALUE OF THE OLDER AMERICANS ACT
the welfare of older Americans who must
volves litigation, planning their person-
Almost 10 years of experience under
live on fixed incomes which are, in many
al affairs, or understanding Federal
the Older Americans Act have amply
cases, inadequate.
benefit programs.
demonstrated its value and worth.
It is our responsibility to see that
The new provisions in title III and
Today all Americans-whether they
elderly Americans are provided with the
title IV, it is my hope, can help to sen-
be young or old-have a vital stake in
opportunity to lead lives of dignity, com-
sitize. the private bar, law schools, and
assuring that our Nation's commitment
fort, and purpose. I am pleased to say
others to respond to the legal needs of
in aging is built upon a sound and effec-
that S. 1425 brings us closer to that goal
the elderly.
tive strategy.
than ever before. In the past 10 years
S. 1425 would also expand the model
We cannot afford half-hearted poli-
Congress has made tremendous strides
projects section by including my amend-
cies because we are in the midst of a so-
to better meet the needs of older Ameri-
ment to develop new and better ap-
cial revolution relating to retirement
cans.
proaches for making services more read-
patterns.
In fiscal year 1975, $130,000,000 was
ily available for the rural aged.
The development of this bill now be-
authorized and $105,000,000 was awarded
The bill includes other provision to
fore us is one important response to
to State agencies to implement projects
focus more attention on the needs of
these emerging changes.
for the transportation, housing, nutri-
rural areas. Title III and title VII plans,
For these reasons, I reaffirm my sup-
tion, and health needs of the elderly.
for example, would be required to take
port for the enactment of the older
Four hundred and twelve area agencies
into account the relative distribution of
Americans amendments.
have been estabilshed in areas containing
older persons residing in rural and urban
Mr. CRANSTON. Mr. President, I rise
70 percent of the Nation's senior citizens.
areas.
to urge support for final passage of S.
One hundred and thirty thousand older
Another measure with potentially far-
1425, the Older Americans Amendments
Americans annually participate in the
reaching implications for the elderly is
of 1975 as reported. As a cosponsor of the
retired senior volunteer program, pro-
the increased funding authorization for
bill and as the ranking majority mem-
viding community-based volunteer pro-
the title VII nutrition programs for fis-
ber of the Senate Labor and Public Wel-
grams as well as financial support for
cal years 1976 and 1977.
fare Committee's Subcommittee on
low-income senior citizens.
Food prices have jumped by 25 per-
Aging, I have been deeply involved in
However, even in light of these ac-
cent during the past 2 years. The net
committee consideration and develop-
complishments, there is much more to
impact is that many older Americans
ment of the reported bill. I express my
be done. The time has come to expand
are finding it more and more difficult to
congratulations to the distinguished sub-
significantly the Older Americans Act
stretch their limited budgets to meet
committee chairman (Mr. EAGLETON)
programs to serve the needs of the elder-
their nutritional requirements. The title
and the subcommittee's ranking minor-
ly which have been left unanswered.
VII program, however, has enabled
ity member (Mr. BEALL) for their ju-
A major provision of S. 1425 creates a
many elderly persons to obtain nutri-
dicious and insightful leadership in
special service program to provide an al-
tious meals at prices within their reach.
steering this bill through committee.
ternative to institutional care for the
Nearly 220,000 aged individuals now
There were several bills from which the
elderly. Included are homemaker serv-
participate in the title VII program at
reported bill was crafted. The result, I
ices, home health services, shopping,
4,000 sites.
believe, is a piece of legislation that
residential repair, and a variety of other
The increased funding authorization
broadens and strengthens the provisions
services. This program will enable the
would allow many more to have nutri-
of the Older Americans Act of 1965, while
elderly to continue to live independently
tious meals, and it would provide an op-
preserving the original intent of the act.
at home, while receiving necessary per-
portunity to meet new friends or renew
Mr. President, I would also like to
sonal or health care. A GAO report es-
old acquaintances.
express my appreciation for the con-
timated that $1 to $2 billion could be
OLDER AMERICAN COMMUNITY SERVICE
tinued excellent leadership given to the
saved in senior citizen health care costs
EMPLOYMENT ACT
full committee by its chairman, Senator
if the length of stay in a hospital could
Equally important, S. 1425 would con-
WILLIAMS. Chairman WILLIAMS has
be cut by 1 day. The National Association
tinue and expand the older American
always shown the greatest willingness to
of Home Health Care estimates that
community service employment pro-
see to the expeditious handling of the
home care is 3.5 times less expensive than
gram.
business before the committee. The pro-
hospitalization.
With unemployment at its highest
visions of the bill before us would extend
Furthermore, as we all know, the lack
level in 34 years, this measure becomes
the Older Americans Act authorizations
of alternatives to long-term care often
all the more compelling.
of appropriations beyond their present
results in the premature institutionali-
During the past 10 months unemploy-
June 30, 1975, authorization date.
zation of many older Americans. Clearly,
ment for persons 55 and above has
Even though the continuing resolu-
innovative programs which would cater
soared from 395,000 to 702,000, for a 78-
tion adopted by the Senate on June does
include funds to continue all of the Older
to the personal specific needs of elderly
percent increase.
citizens are long overdue. Thus, home
But these figures-depressing as they
Americans Act programs at fiscal year
services will provide a tremendous sav-
are-do not begin to describe the whole
1975 or greater levels, acting now on this
legislation will help us give sense of
ing, in the long run, of tax dollars need-
story because there is a substantial
certainty for many programs of vital
lessly spent for the institutional care of
amount of hidden unemployment
the elderly, while providing services bet-
among older workers.
importance to older persons.
However, community service employ-
Mr. President, I shall make a detailed
ter suited to the actual needs of older
Americans.
ment can be an effective means to re-
statement tomorrow on the Older Amer-
duce joblessness for the aged and to pro-
icans Amendment of 1975. I shall leave
S. 1425 also provides for a significant
the remainder of my remarks for that
expansion of the older Americans com-
vide essential services at the same time.
AGE DISCRIMINATION STUDY
time. Now, I urge the support of my col-
munity services program. We can esti-
In addition, S. 1425 would direct the
leagues for the provisions of the bill as
mate that on a national basis, the ex-
Civil Rights Commission to undertake a
reported from committee.
pansion of title IX will create 210,000
part-time, community-based jobs for
study to determine whether persons are
Mr. JAVITS. Mr. President, thousands
low-income older Americans who have
being discriminated against because of
of older citizens throughout the United
few prospects for employment otherwise.
age under any program or activity re-
States have been well served by programs
The psychological as well as social im-
ceiving Federal financial assistance. The
provided under the Older Americans
portance of this provision cannot be
Commission would be required to deter-
Act. I am pleased to take this opportu-
overemphasized. As one of the original
mine the nature, extent, and causes of
nity to urge favorable consideration by
cosponsors of the Older Americans Com-
the discrimination.
my colleagues of S. 1425, which extends
prehensive Service Employment Act in
Moreover, the bill would direct the
and strengthen this important act.
1973, I believe it is our responsibility to
Commission to report on its findings to
I have long been an advocate of legis-
promote useful work opportunities for
the Congress with appropriate recom-
lation which extends services to, and
unemployed older Americans.
mendations for legislative and adminis-
lessens the financial burden of, senior
Also included in S. 1425 is a provision
trative actions.
citizens. I am deeply concerned about
which will enable the Commissioner to
S11748
CONGRESSIONAL RECORD-SENATI
June 26, 1975
more readily provide appropriate serv-
Resolved, That the bill from the House of
made, or where there is no tribal organiza-
ices to certain Indian groups.
Representatives (H.R. 3922) entitled "An Act
tion, to such other entity as he determines
The measure provides for an exten-
to amend the Older Americans Act of 1965 to
has the capacity to provide services pursuant
sion of the title VII nutrition program,
establish certain social services programs for
to this title.
older Americans and to extend the authoriza-
one of the most successful projects initi-
"(C) In order for a tribal organization or
tions of appropriations contained in such
other entity to be eligible for a grant for a
ated to assist elderly Americans. As a co-
Act, to prohibit discrimination on the basis
fiscal year under this paragraph, it shall sub-
sponsor of the original legislation to pro-
of age, and for other purposes,", do pass the
mit to the Commissioner a plan for such
vide a nutrition program for the elderly,
following amendment:
fiscal year which meets such criteria as the
and as a supporter of subsequent in-
Strike out all after the enacting clause
Commissioner may prescribe by regulation
creases in funds, it would be profoundly
and insert: That this Act may be cited as the
and which meets criteria established by sec-
disappointing if Congress fails to con-
"Older Americans Amendments of 1975".
tion 305(a), to the extent the Commissioner
tinue this essential program which serves
TITLE I-AMENDMENTS TO OLDER AMER-
determines such criteria to be appropriate.
221,000 older Americans each year.
ICANS ACT OF 1965
"(D) Recipients of grants under this para-
TRANSMISSION OF CERTAIN RECOMMENDATIONS
graph may retain for administrative purposes
S. 1425 also enables the Commissioner
to examine new ideas to better provide
RELATING TO FEDERAL COUNCIL ON AGING
an amount equal to the amount available for
the cost of the administration of area plans
for the need of our older citizens. Inno-
SEC. 101. (a) Section 205(g) of the Older
under section 303(e) (1)
vative programs and services for the el-
Americans Act of 1965, as amended (42 U.S.C.
(b) Section 102 of the Act (42 U.S.C. 3002)
derly must be examined and enacted.
(hereinafter in this title referred
is amended by adding at the end thereof the
to as the "Act") is amended by striking out
Their needs are many and serious. For
following new paragraphs:
"eighteen months after enactment of this
example, decent nursing home care must
"(4) 'Indian' means a person who is a
Act" and inserting in lieu thereof "January 1,
member of an Indian tribe.
be provided-but also, alternatives to
1976,".
"(5) Indian tribe' means any tribe, band,
nursing care must be developed.
(b) Section 205(h) of the Act (42 U.S.C.
nation, or other organized group or com-
Mr. President, I urge my colleagues to
3015(h)) is amended by striking out "eight-
munity of Indians (including any Alaska
support these amendments to the Older
een months after enactment of this Act," and
Native village or regional or village corpo-
Americans Act. We have seen these pro-
inserting in lieu thereof "January 1, 1976,".
ration as defined in or established pursuant
grams work before. We recognize many
APPLICATION OF OTHER LAWS
to the Alaska Native Claims Settlement Act
need strengthening. We know there is
SEC. 102. Title II of the Act (42 U.S.C.
(85 Stat. 688) ) (A) which is recognized as
room for innovation. Let us join our col-
3011 et. seq.) is amended by adding at the
eligible for the special programs and serv-
leagues in the House-who passed a sim-
end thereof the following new section:
ices provided by the United States to In-
ilar bill in an overwhelming vote of 377
"APPLICATION OF OTHER LAWS
dians because of their status as Indians; or
(B) which is located on, or in proximity to,"
to 19-and give our strong support to this
"SEC. 211. The provisions and requirements
a Federal or State reservation or ranch-
important legislation.
of the Act of December 5, 1974 (Public Law
eria.
The older American citizen who has
93-510; 88 Stat. 1604) shall not apply to the
administration of the provisions of this Act
"(6) Tribal organization' means the rec-
sacrificed so much to the health,
or to the administration of any program or
ognized governing body of any Indian tribe,
strength, and vitality of this Nation, can
activity under this Act.".
or any legally established organization of
no longer be ignored-or told his share
Indians which is controlled, sanctioned, or
DEFINITION OF SOCIAL SERVICES
of the American dream is in the past.
chartered by such governing body: Provided,
SEC. 103. Section 302( (1) of the Act (42
That in any case where a contract is let or
S. 1425 is a further step in the right di-
U.S.C. 3022(1)) is amended—
grant made to an organization to perform
rection, but one which should remind us
(1) in subparagraph (E) thereof, by strik-
services benefiting more than one Indian
all there is much to be done for the fu-
ing out "or" at the end thereof; and
tribe, the approval of each such Indian tribe
ture.
(2) by redesignating subparagraph (F) as
shall be a prerequisite to the letting or mak-
The PRESIDING OFFICER. The bill
subparagraph (H) and by inserting imme-
ing of such contract or grant.".
is open to further amendment. If there
diately after subparagraph (E) the following
(c) The first sentence of section 803(b)
be no further amendment to be pro-
new subparagraphs:
(2) of the Act (42 U.S.C. (b) (2)) is
posed, the question is on the engross-
"(F) services designed to provide legal
amended by striking out "From" and insert-
(including tax and financial) counseling and
ing in lieu thereof "Subject to the provisions
ment and third reading of the bill.
services to older persons;
of paragraph (3), from".
The bill (S. 1425) was ordered to be
"(G) services designed to enable older per-
(d) Section (4) of the Act (42 U.S.C.
engrossed for a third reading, and was
sons to attain and maintain physical and
3023(b) (4)), as 80 redesignated by subsec-
read the third time.
mental well being through programs of reg-
tion (a), is amended by inserting immedi-
Mr. EAGLETON. Mr. President, I
ular physical activity and exercise; or".
ately after "States" the following: ", and
move that the Senate proceed to the con-
GRANTS TO INDIAN TRIBES
the number of Indians aged sixty or over on,
sideration of H.R. 3922.
or in proximity to, any Federal or State res-
Sec. 104. (a) Section 303(b) of the Act
ervation or rancheria.".
The PRESIDING OFFICER. The bill
(42 U.S.C. 3023(b)) is amended by redesig-
will be stated by title.
nating paragraph (3) as paragraph (4) and
STATE AND AREA PLAN REQUIREMENTS
The assistant legislative clerk read as
by inserting immediately after paragraph (2)
SEC. 105. (a) Section 304(a) (1) of the Act
follows:
the following new paragraph:
(42 U.S.C. 3024(a)) is amended by redesig-
A bill (H.R. 3922) to amend the Older
"(3) (A) In any State in which the Com-
nating subparagraph (E) as subparagraph
Americans Act of 1965 to establish certain
missioner determines (after having taken
(F) and by inserting immediately following
into account the amount of funds available
subparagraph (D) the following new sub-
social services programs for older Americans
to the State agency or to an appropriate
paragraph:
and to extend the authorizations of appro-
area agency on aging to carry out the pur-
"(E) in conjunction with the agency des-
priations contained in such act, to prohibit
poses of this title) that the members of an
ignated pursuant to section 2003(d) (1) (C)
discrimination on the basis of age, and
for other purposes.
Indian tribe are not receiving benefits under
of the Social Security Act (42 U.S.C. 1397b)
this title that are equivalent to benefits pro-
and as required by section 2004(2) (H) of
The PRESIDING OFFICER. The ques-
vided to other older persons in the State or
such Act, coordinate activities under the
tion is on agreeing to the motion of the
appropriate area, and if he further deter-
State plan developed pursuant to section 301
mines that the members of such tribe would
(a) with the provision of services to olde
Senator from Missouri.
The motion was agreed to, and the
be better served by means of grants made
Americans under part A of title XX of the
Senate proceeded to consider the bill.
directly to provide such benefits, he shall re-
Social Security Act;"
serve from sums that would otherwise be
(b) Section 804(c) (4) of the Act (42 U.S.C
Mr. EAGLETON. I move to strike out
allotted to such State under paragraph (2)
3024(c) (4)) is amended by striking out sub-
all after the enacting clause and insert
not less than 100 per centum nor more than
paragraph (C) and by redesignating sub-
in lieu thereof the text of S. 1425, as
150 per centum of an amount which bears
paragraph (D) through subparagraph (F)
amended.
the same ratio to the State's allotment for
as subparagraph (C) through subparagraph
The motion was agreed to.
the fiscal year involved as the population of
(E), respectively.
The PRESIDING OFFICER. The ques-
all Indians aged sixty or over for whom a
(c) Section 304 of the Act (42 U.S.C. 3024)
tion is on the engrossment of the amend-
determination under this paragraph has been
is amended by inserting after subsection (c)
ment and third reading of the bill.
made bears to the population of all persons
the following new subsection:
aged sixty or over in such State.
The amendment was ordered to be en-
"(d) (1) Subject to regulations issued by
"(B) The sums reserved by the Commis-
the Secretary of Health, Education, and Wel-
and the bill to be read a third
sioner on the basis of his determination
fare, an area agency on aging designated
under this paragraph shall be granted to the
under subsection (a) or, in areas of a State
the
third
tribal organization serving the individuals
where no such agency has been designated,
for whom such a determination has been
the State agency, is authorized to enter into
June 26, 1975
CONGRESSIONAL RECORD
S11749
agreements with agencies administering
"(5) Notwithstanding any other provision
ices, letter writing services, and other serv-
programs under the Rehabilitation Act of
of this subsection, no State shall receive less
ices designed to assist such persons to con-
1973, as amended, and titles VI, XIX, and XX
than that State received under this subsec-
tinue living independently in a home en-
of the Social Security Act for the purpose of
tion for fiscal year 1975.
vironment; and
developing and implementing plans for meet-
"(6) Amounts received under this para-
"(3) Projects to establish or support legal
ing the common need for transportation
graph shall be used for administration of
(including tax and financial) counseling
services of persons receiving benefits under
programs under this title and title VII of this
and services programs for older persons, in-
such Acts and older Americans participating
Act.".
cluding the training of lawyers and parapro-
in programs authorized by titles III and VII
MODEL PROJECT REQUIREMENTS
fessional persons where the provision of such
of this Act.
SEC. 108. Section 308(a) of the Act (42
training is necessary for the successful oper-
"(2) Pursuant to an agreement entered
U.S.C. 3028(a)) is amended by striking out
ation of B. program authorized by this para-
into under paragraph (1), funds appropri-
the word "or" at the end of paragraph (3)
graph.
ated under titles III and VII of this Act may
and inserting immediately after paragraph
"(b) The allotment to a State under this
be used to purchase transportation services
(4) the following new paragraphs:
section shall be available for grants and con-
for older persons and may be pooled with
"(5) enable State agencies on aging and
tracts to area agencies on aging, designated
funds made available for the provision of
other public and private nonprofit organiza-
under section 304(a) (2) or, where there is
transportation services under the Rehabili-
tions to assist in the promotion and develop-
no area agency, to other public or nonprofit
tation Act of 1973, as amended, and titles VI,
ment of ombudsmen services for residents of
private agencies that the State agency deter-
XIX, and XX of the Social Security Act.".
nursing homes:
mines have the capacity to meet the trans-
LOW-INCOME INDIVIDUALS AND RURAL
"(6) meet the special needs of, and im-
portation, home service, or legal counseling
ELDERLY
prove the delivery of services to, older Amer-
and services needs of older persons. In
SEC. 106. Section 305(a) of the Act (42
icans who are not receiving adequate services
making grants and contracts for the provi-
U.S.C. 3024) is amended by renumbering
under other provisions of the Act, with em-
sion of transportation, home services or legal
phasis on the needs of low-income, minority,
counseling and services under this section,
paragraphs 6, 7, 8, and 9 as paragraphs 8, 9,
10, and 11, respectfully, and inserting the
Indian, and limited-English individuals, and
State agencies shall give priority to appli-
the rural elderly;
cants proposing to serve areas in which the
following new paragraphs:
(6) provides that the needs of low-income
(7) encourage the participation of older
supply of such services is inadequate to meet
elderly persons will be taken into account in
persons in activities connected with the cele-
the needs of older persons.
bration of the American Bicentennial; or
"(c) Within 120 days following the enact-
developing and implementing the State plan;
"(8) assist older persons to remain within
ment of legislation appropriating funds as
"(7) provides that the relative distribu-
their communities and out of institutions
authorized by this section, the Commission-
tion of older persons residing in rural and
and to maintain their independent living
er shall issue final regulations for imple-
urban areas within the State will be taken
into account in developing and implement-
by (A) providing financial assistance for
mentation of the program herein authorized.
ing the State plan;".
the establishment and operation of senior
"(d) The Commissioner is authorized and
ambulatory care day centers (providing a
directed to request the technical assistance
ADMINISTRATION OF STATE PLANS
planned schedule of health, therapeutic,
and cooperation of the Secretary of Trans-
SEC. 107. (a) Section 306(b) (1) of the
educational, nutritional, recreational, and
portation and such other departments and
Act (42 U.S.C. 3026(b) (1)) is amended by
social services at least twenty-four hours per
agencies of the Federal Government as may
striking out "$160,000" clause (A) and in-
week, transportation arrangements at low
be appropriate for the proper and effective
serting in lieu thereof "$200,000", and by
or no cost for participants to and from the
administration of this section.".
striking out "$50,000" in clause (B) and in-
center, a hot mid-day meal, outreach and
ATTRACTING QUALIFIED PERSONS TO THE FIELD OF
serting in lieu thereof "$62,500".
public information programs, and opportu-
AGING
(b) Section 306(b) of the Act is amended
nities for maximum participation of senior
SEC. 110. Section 403 of the Act (42 U.S.C.
by redesignating paragraph (2) as paragraph
participants and senior volunteers in the
3033) is amended by inserting "two or four
(7) and by inserting immediately after para-
planning and operation of the center). and
years" before "institutions" the first time it
graph (1) the following new paragraphs:
(B) maintaining or initiating, or providing
appears in such section.
"(2) For fiscal year 1976, and for the pe-
reasonable assurances of doing so, arrange-
TRAINING PERSONNEL TO PERFORM COUNSELING
riod beginning July 1, 1976, and ending Sep-
ments with the agency of the State con-
AND MONITORING FUNCTIONS
tember 30, 1976, each State agency may re-
cerned which administers or supervises the
tain an amount equal to-
administration of a State plan approved
Sec. 111. (a) Section 404(a) (1) of the Act
"(A) the increase in the minimum amount
under title XIX of the Social Security Act,
(42 U.S.C. 3034(a) (1)) is amended to read as
specified in clause (A) of the first sentence
follows:
and with other appropriate social services
of this paragraph enacted by section 107(a)
agencies receiving or reimbursed through
"(1) to assist in covering the cost of train-
of the Older Americans Amendments of
Federal financial assistance, for the payment
ing or study for two-year or four-year college
1975, or
of all or a part of the center's costs in pro-
or university-based programs including but
"(B) an amount not to exceed 8 per
viding services to eligible persons.".
not limited to the coverage of such costs as
centum of the amount by which the allot-
faculty support, student support (in class-
TRANSPORTATION, HOME SERVICE, AND LEGAL
ment for that State under section 303 plus
room and field learning exercises, including
COUNSELING PROJECTS
the allotment for that State under section
attendance of workshops, seminars, and pro-
703 (i) for that fiscal year exceeds the sum
SEC. 109. Section 309 of the Act (42 U.S.C.
fessional meetings), courses within the ap-
of such allotments for fiscal year 1974, but
3029) is amended to read as follows:
propriate curricula, and such costs as tech-
in any case an amount not to exceed $100,000,
"SEC. 309. (a) There are authorized to be
nical assistance and program development in
and (ii) for the period beginning July 1,
appropriated $50,000,000 for the fiscal year
working with older persons.".
1976, and ending September 30, 1976, exceeds
ending June 30, 1976, $12,500,000 for the pe-
(b) Section 404(à) (3) of the Act (42 U.S.C.
an amount equal to 25 per centum of such
riod beginning July 1, 1976, and ending
3034(a) (3)) is amended to read as follows:
allotments for fiscal year 1974, but in any
September 30, 1976, and $50,000,000 for the
"(3) for short-term or inservice training to
case an amount not to exceed $25,000,
fiscal year ending September 30, 1977, to be
support program operational activities,
whichever is greater.
allotted to the States in accordance with the
strengthen program management, improve
"(3) For fiscal year 1977 and for each suc-
allotment formula contained in section 303
the capacity of public and private agencies
in order to carry out the purposes of this
entrusted with administrative responsibill-
ceeding fiscal year each State agency speci-
fied in clause (A) of paragraph (2) may re-
section. From sums appropriated under this
ties under this Act, and to clarify the roles
section, the Commissioner is authorized to
and relationships between and among public
tain an amount equal to an amount not to
make grants to each State having a State
and private agencies which administer pro-
exceed 8 per centum of the amount by which
the allotment for that State under section
plan approved under section 305 for the pur-
grams essential to fulfill the purposes of this
303 plus the allotment for the State under
pose of paying up to 90 per centum of the
Act, including but not limited to such short-
costs of the following:
term training activities as workshops, tech-
section 703 for the fiscal year exceeds the sum
"(1) Projects designed to meet the trans-
nical assistance, and organizational develop-
of such allotments for fiscal year 1976, but
portation needs of older persons, with spe-
ment support,".
in any case an amount not to exceed $100,000.
"(4) For fiscal year 1977 and for each suc-
cial emphasis on (A) providing supportive
(c) Section 404 of the Act (42 U.S.O. 3034)
is amended by adding at the end thereof
ceeding fiscal year, each State agency speci-
transportation in connection with nutrition
fied in clause (B) of paragraph (2) may re-
projects operated pursuant to title VII of
the following new subsection:
tain an amount equal to an amount not to
this Act, and (B) providing transportation
"(c) The Commissioner may make grants
exceed 8 per centum of the amount by which
for the purpose of enabling older persons to
under subsection (a) to assist in (A) the
obtain medical services;
training of lawyers and paraprofessional per-
the allotment for that State under section
sons who will (1) provide legal (including
303 plus the allotment for that State under
"(2) Projects designed to meet the needs
tax and financial) counseling and services
section 703 for the fiscal year exceeds the sum
of older persons for home services including
to older persons; or (2) monitor the ad-
of such allotments for fiscal year 1974 but in
homemaker services, home health services,
ministration of any program by any public
any case an amount not to exceed $100,000.
shopping services, escort services, reader serv-
or private nonprofit institution, organization,
S/11750
CONGRESSIONAL RECORD-SENATE
June 26, 1975
or agency, or any State or political subdivi-
(c) Section 308(b) of the Act (42 U.S.C.
visions of section 501(c) (3) of the Internal
sion of a State, designed to provide assistance
3028(b)) is amended by striking out "and"
Revenue Code of 1954, except projects in-
or services to older persons, including nurs-
immediately after "1974," and by inserting
volving the construction, operation, or main-
ing home programs and other similar pro-
immediately after "1975" the following: ",
tenance of any facility used or to be used as
grams; and (B) the training of persons em-
the fiscal year ending June 30, 1976, the
a place for sectarian religious instruction or
ployed by or associated with public or priv-
period beginning July 1, 1976, and ending
worship;
ate nonprofit agencies or organizations, in-
September 30, 1976, and the fiscal year end-
"(D) will contribute to the general welfare
cluding a State or political subdivision of a
ing September 30, 1977."
of the community:
State, who will identify legal problems af-
(d) Section 431 of the Act (42 U.S.C. 3037)
(E) will provide employment for eligible
fecting older persons, develop solutions for
is amended by striking out "and" immedi-
individuals whose opportunities for other
these problems, and mobilize the resources
ately after "1974," and by inserting imme-
suitable public or private paid employment
of the community to respond to the legal
diately after "1975" the following: ", the
are poor;
needs of older persons.".
fiscal year ending June 30, 1976, the period
"(F) (1) will result in an increase in em-
STATE PLANS
beginning July 1, 1976, and ending Septem-
ployment opportunities over those opportun-
SEC. 112. Section 705(a) (4) of the Act (42
ber 30, 1976, and the fiscal year ending
ities which would otherwise be available, (ii)
U.S.C. 3045d(a) (4), is amended by changing
September 30, 1977."
will not result in the displacement of cur-
the period to a comma and inserting the
(e) Section 505(a) of the Act (42 U.S.C.
rently employed workers (including partial
following immediately after the comma:
3041d(a)) is amended by striking out "and"
displacement such as a reduction in the
"and that the relative distribution of older
immediately after "1974," and by inserting
hours of nonovertime work or wages or em-
persons residing in rural and urban areas
immediately after "1975" the following: "the
ployment benefits), and (iii) will not impair
in such State will be taken into account
fiscal year ending June 30, 1976, the period
existing contracts or result in the substitu-
beginning July 1, 1976, and ending Septem-
tion of Federal for other funds in connection
in awarding grants.".
ber 30, 1976, and the fiscal year ending
with work that would otherwise be per-
PURCHASE OF CERTAIN PROCEDURES BY THE
September 30, 1977.".
formed;
SECRETARY OF AGRICULTURE
(f) Section 708 of the Act (42 U.S.C.
"(G) will not employ or continue to employ
SEC. 113. (a) Section 707(d) of the Act
3045g) is amended in the first sentence
any eligible individual to perform work the
(42 U.S.C. 3045f) is amended by striking out
thereof by striking out: "$200,000,000" and
same or substantially the same as that per-
"10 cents per meal:" and inserting in lieu
inserting in lieu thereof "$225,000,000", and
formed by any other person who is on layoff;
thereof "25 cents per meal during the fiscal
by striking out "$250,000,000" and inserting
"(H) will utilize methods of recruitment
year ending September 30, 1976, and 50 cents
in lieu thereof "$275,000,000.".
and selection (including listing of job va-
per meal during the fiscal year ending Sep-
COMMUNITY SERVICE EMPLOYMENT FOR OLDER
cancies with the employment agency oper-
tember 20, 1977:".
AMERICANS
ated by any State or political subdivision
(b) Section 707 of the Act is amended in
paragraphs (a), (b), and (c) by striking out
SEC. 115. (a) The Act is amended by adding
thereof) which will assure that the maxi-
"may" each time it appears and inserting in
at the end thereof the following new title:
mum number of eligible individuals will
have an opportunity to participate in the
lieu thereof "shall".
"TITLE IX-COMMUNITY SERVICE EM-
project;
(c) Section 707 of the Act is amended
PLOYMENT FOR OLDER AMERICANS
'(I) will include such training as may
by redesignating subsection (e) as subsection
"SHORT TITLE
be necessary to make the most effective use
(f) and inserting the following new subsec-
"SEC. 901. This title may be cited as the
of the skills and talents of those individuals
tion immediately following subsection (d)
'Older American Community Service Employ-
who are participating, and will provide for
"(d) (1) Notwithstanding any other pro-
ment Act'.
the payment of the reasonable expenses of
vision of law, where a State phased out its
"OLDER AMERICAN COMMUNITY SERVICE
individuals being trained, including a reason-
commodity distribution facilities prior to
able subsistence allowance;
June 30, 1974, such State may, for purposes
EMPLOYMENT PROGRAM
"(J) will assure that safe and healthy
of the programs authorized by this Act, elect
"SEC. 902. (a) In order to foster and pro-
conditions of work will be provided, and
to receive cash payments in lieu of donated
mote useful part-time work opportunities in
will assure that persons employed in com-
foods. Where such an election is made, the
community service activities for unemployed
munity service jobs assisted under this title
Secretary of Agriculture shall make cash pay-
low-income persons who are fifty-five years
shall be paid wages which shall not be lower
ments to such State in an amount equiva-
old or older and who have poor employment
than whichever is the highest of (i) the
lent in value to the donated foods that the
prospects, the Secretary of Labor (hereinafter
minimum wage which would be applicable to
State would otherwise have received if it
in this title referred to as the 'Secretary') is
the employee under the Fair Labor Stand-
had retained its commodity distribution
authorized to establish an older American
ards Act of 1938, if section 6(a) (1) of such
facilities.
community service employment program.
Act applied to the participant and if he were
"(2) When such payments are made, the
"(b) (1) In order to carry out the provi-
not exempt under section 13 thereof, (ii)
State agency shall promptly and equitably
sions of this title, the Secretary is authorized
the State or local minimum wage for the
disburse any cash it receives in lieu of com-
to enter into agreements with public or pri-
most nearly comparable covered employment,
modities to recipients of grants or contracts
vate nonprofit agencies or organizations, in-
or (iii) the prevailing rates of pay for per-
and such disbursements shall be used by such
cluding national organizations, agencies of a
sons employed in similar public occupations
recipients of grants or contracts to purchase
State government or a political subdivision
by the same employer:
United States agricultural commodities and
of a State (having elected or duly appointed
"(K) will be established or administered
other foods for their nutrition projects.".
governing officials), or a combination of such
with the advice of persons competent in the
political subdivisions, or tribal organizations
AUTHORIZATION OF APPROPRIATIONS
field of service in which employment is being
in order to further the purposes and goals of
SEC. 114. (a) Section 204(c) of the Act
provided, and of persons who are knowledge-
the program. Such agreements may include
(42 U.S.C. 3014(c) is amended by striking
able with regard to the needs of older per-
provisions for the payment of costs, as pro-
out "and" immediately after "1974," and
sons;
vided in subsection (c), of projects developed
by inserting immediately after "1975," the
"(L) will authorize pay for necessary trans-
by such organizations and agencies in coop-
following: "the fiscal year ending June 30,
portation costs of eligible individuals which
eration with the Secretary in order to make
1976, the period beginning July 1, 1976, and
the program effective or to supplement the
may be incurred in employment in any proj-
ect funded under this title in accordance
ending September 30, 1976, and the fiscal
program. No payment shall be made by the
year ending September 30, 1977,".
Secretary toward the cost of any project
with regulations promulgated by the Secre-
tary;
(b) (1) Section 303(a) of the Act (42
established or administered by any such
"(M) will assure that, to the extent feasi.
U.S.C. 3023(a)) is amended by striking out
organization or agencies unless he deter-
"and" immediately after "1974," and by in-
mines that such project-
ble, such project will serve the needs o
minority, Indian, and limited English-speak
serting immediately after "1975," the follow-
"(A) will provide employment only for
ing eligible individuals in proportion to their
ing: *$200,000,000 for the fiscal year ending
eligible individuals, except for necessary
numbers in the State: and
June 30, 1976, $60,000,000 for the period
technical, administrative, and supervisory
personnel, but such personnel shall, to the
"(N) will authorize funds to be used, to
beginning July 1, 1976, and ending Septem-
the extent feasible, to include individuals
ber 30, 1976, and $240,000,000 for the fiscal
fullest extent possible, be recruited from
participating in such project under any
year ending September 30, 1977,".
among eligible individuals;
State unemployment insurance plan.
(2) Section 303(b) (2) of the Act (42
"(B) will provide employment for eligible
"(2) The Secretary is authorized to es-
U.S.C. 3023 (2)) is amended by striking
individuals in the community in which such
tablish, issue, and amend such regulations
out "and" immediately after "1974," and by
individuals reside, or in nearby communities;
as may be necessary to effectively carry out
inserting immediately after "1975," the fol-
"(C) will employ eligible individuals in
the provisions of this title.
lowing: "for the fiscal year ending June 30,
services related to publicly owned and oper-
"(e) (1) The Secretary is authorized to
1976, the period beginning July 1, 1976, and
ated facilities and projects, or projects spon-
pay not to exceed 90 per centum of the cost
ending September 30, 1976, and for the fiscal
sored by organizations, other than political
of any project which is the subject of an
year ending September 30, 1977,".
parties, exempt from taxation under the pro-
agreement entered into under subsection (b),
June 26, 1975
CONGRESSIONAL RECORD-SENATE
S 11751
except that the Secretary is authorized to
'INTERAGENCY COOPERATION
ican Samoa, the Virgin Islands, and the
pay all of the costs of any such project
"Sec. 905, (a) The Secretary shall consult
Trust Territory of the Pacific Islands.
which is (A) an emergency or disaster proj-
with, and obtain the written views of, the
"(8) The number of persons aged fifty-five
ect, or (B) a project located in an economi-
Commissioner of the Administration on Ag-
or over in any State and for all States, shall
cally depressed area as determined in con-
ing prior to the establishment of rules or the
be determined by the Secretary on the basis
sultation with the Secretary of Commerce
establishment of general policy in the ad-
of the most satisfactory data available to
and the Director of the Community Services
ministration of this title.
him.
Administration.
"(b) The Secretary shall consult and co-
"(b) The amount allotted for projects
"(2) Th non-Federal share shall be in cash
operate with the Director of the Community
within any State under subsection (a) for
or in kind. In determining the amount of
Services Administration, the Secretary of
any fiscal year which the Secretary deter-
the non-Federal share, the Secretary is au-
Health, Education, and Welfare, and the
mines will not be required for such year
thorized to attribute fair market value to
heads of other Federal agencies carrying out
shall be reallotted, from time to time and
services and facilities contribtued from non-
related programs, in order to achieve optimal
on such dates during such year as the Sec-
Federal sources.
coordination with such other programs. In
retary may fix, to projects within other
"ADMINISTRATION
carrying out the provisions of this section,
States in proportion to the original allot-
"SEC. 903. (a) In order to effectively carry
the Secretary shall promote programs or proj-
ments to projects within such States under
out the purposes of this title, the Secretary
ects of a similar nature. Each Federal agency
subsection (a) for such year, but with such
shall, through the Commissioner of the Ad-
shall cooperate with the Secretary in dissem-
proportionate amount for any of such other
ministration on Aging, consult with the
inating information about the availability of
States being reduced to the extent it ex-
State agency on aging designated under sec-
assistance under this title and in promoting
ceeds the sum the Secretary estimates that
tion 304(a) (1) and the appropriate area
the identification and interests of individ-
projects within such State need and will be
agencies on aging established under section
uals eligible for employment in projects as-
able to use for such year; and the total of
304(a) (2) with regard to-
sisted under this title.
such reductions shall be similarly reallotted
"(1) the localities in which community
"EQUITABLE DISTRIBUTION OF ASSISTANCE
among the States whose proportionate
service projects of the type authorized by
amounts were not so reduced. Any amount
"SEC. 906. (a) (1) From sums appropriated
this title are most needed;
reallotted to a State under this subsection
under this title for each fiscal year, the
"(2) consideration of the employment sit-
Secretary shall first reserve such sums as
during a year shall be deemed part of its
uations and the type of skills possessed by
may be necessary, and such additional sums
allotment under subsection (a) for such
available local individuals who are eligible
year.
as he may deem advisable, for national
to participate; and
"(c) The amount apportioned for projects
grants or contracts with public agencies and
"(3) potential projects and the number
within each State under subsection (a) shall
public or private nonprofit organizations for
and percentage of eligible individuals in the
be apportioned among areas within each
the administration of programs under this
local population.
such State in an equitable manner, taking
title in an aggregate amount equal to the
"(b) If the Secretary determines that to
payments made for such contracts in fiscal
into consideration (1) the proportion which
do so would increase job opportunities avail-
eligible individuals in each such area bears
year 1975 from funds appropriated under
able to individuals under this title, the Sec-
to such total number of such individuals,
title IX of the Older Americans Comprehen-
retary is authorized to coordinate the pro-
sive Services Amendments of 1973 and under
respectively, in that State, and (2) the rel-
gram assisted under this title with programs
ative distribution of such individuals re-
title III of the Comprehensive Employment
authorized under the Emergency Jobs and
and Training Act of 1973 for community
siding in rural and urban areas within the
Unemployment Assistance Act of 1974, the
State.
service employment programs for older
Comprehensive Employment and Training
"DEFINITIONS
Americans. Preference is awarding such
Act of 1973, the Communisty Services Act
grants or contracts shall be given to national
"SEC. 907. As used in this title-
of 1974, and the Emergency Employment Act
organizations of proven ability in providing
"(1) the term 'State' means any of the
of 1971. Appropriations under this Act may
empolyment services to older people under
several States of the United States, the Dis-
not be used to carry out any program under
this and similar programs. Each such grant
trict of Columbia, Puerto Rico, the Virgin
the Emergency Jobs and Unemployment As-
or contract shall contain provisions to as-
Islands, American Samoa, Guam, and the
sistance Act of 1974, Comprehensive Employ-
sure that projects conducted pursuant to
Trust Territory of the Pacific Islands;
ment and Training Act of 1973, the Commu-
such contracts during fiscal year 1975 will
"(2) the term 'eligible individual' means
nity Services Act of 1974, or the Emergency
be continued if the Secretary determines
an individual who is fifty-five years old or
Employment Act of 1971.
that such projects are successfully carrying
over, who has a low income, and who has or
"(c) In carrying out the provisions of this
out the purposes of this title.
would have difficulty in securing employ-
title, the Secretary is authorized to use, with
"(2) The Secretary shall allot for projects
ment except that pursuant to regulations
their consent, the services, equipment, per-
within each State the remainder of the sums
prescribed by the Secretary any such in-
sonnel, and facilities of Federal and other
appropriated for any fiscal year under sec-
dividual who is sixty years old or over shall
agencies with or without reimbursement, and
on a similar basis to cooperate with other
tion 908 so that equal proportions are dis-
have priority for the work opportunities pro-
tributed on the basis of an amount which
vided for under this Act;
public and private agencies, and instrumen-
bears the same ratio to such sums as the
"(3) the term 'community service' means
talities in the use of services, equipment, and
number of persons aged fifty-five or over
social, health, welfare, educational, legal
facilities.
in the State involved bears to the number
counseling, library, recreational, and other
"(d) Payments under this title may be
made in advance or by way of reimburse-
of such persons in all States, except that (A)
similar services; conservation, maintenance
ment and in such installments as the Secre-
the Secretary shall reduce the allotment
or restoration of natural resources; com-
made to each State under this paragraph by
munity betterment or beautification; anti-
tary may determine.
the amount reserved under paragraph (1) of
pollution and environmental quality efforts;
(e) The Secretary shall not delegate any
this subsection and available for expendi-
economic development; and such other serv-
function of the Secretary under this title to
ture in that State for the fiscal year for
ices essential and necessary to the com-
any other department or agency of the Fed-
eral Government.
which the determination is made, (B) no
munity as the Secretary, by regulation, may
State shall be allotted any sums under this
prescribe; and
"PARTICIPATION NOT FEDERAL EMPLOYEES
paragraph for any fiscal year until the Sec-
"(4) the term 'program' means the Older
"SEC. 904. (a) Eligible individuals who are
retary determines that the amount to be al-
American Community Service Employment
employed in any project funded under this
lotted to that State in the fiscal year for
Program established under this title.
title shall not be considered to be Federal
which the determination is made is equal
"AUTHORIZATION OF APPROPRIATIONS
employees as a result of such employment
to the amount reserved under paragraph (1)
"SEC. 908. There are authorized to be ap-
and shall not be subject to the provisions of
of this subsection and available for expend-
propriated $100,000,000 for the fiscal year
part III of title 5. United States Code.
iture in that State for that fiscal year, (C)
ending June 30, 1976, $37,500,000 for the
"(b) No contract shall be entered into un-
no State shall be allotted less than one-half
period beginning July 1, 1976, and ending
der this title with a contractor who is, or
of 1 per centum of the sum appropriated for
September 30, 1976, $150,000,000 for the
whose employees are, under State law, ex-
the fiscal year for which the determination
fiscal year ending September 30, 1977, and
empted from operation of the State work-
is made, or $100,000, whichever is greater,
$200,000,000 for the fiscal year ending Sep-
men's compensation law, generally applica-
and (D) Guam, American Samoa, the Virgin
tember 30, 1978.".
ble to employees, unless the contractor shall
Islands, and the Trust Territory of the
(b) Title IX of the Older Americans Com-
undertake to provide either through insur-
Pacific Islands shall each be allotted an
prehensive Services Amendments of 1973 (42
ance by a recognized carrier, or by self in-
amount equal to one-fourth of 1 per centum
U.S.C. 3061 et seq.) is hereby repealed.
surance, as authorized by State law, that the
of the sum appropriated for the fiscal year for
(c) Notwithstanding any other provision
persons employed under the contract, shall
which the determination is made, or $50,000,
of law, sums appropriated to carry out title
enjoy workmen's compensation coverage
whichever is greater. For the purpose of the
IX of the Older Americans Comprehensive
equal to that provided by law for covered
exception contained in this paragraph, the
Services Amendments of 1973 for fiscal year
employment.
term 'State' does not include Guam, Amer-
1975 may be used for older American com-
S11752
CONGRESSIONAL RECORD-SENATE
June 26, 1975
munity service employment projects con-
out "and" immediately after "1973," and
The PRESIDING OFFICER. Without
ducted as part of the Operation Mainstream
inserting in lieu thereof "for", and by in-
objection, it is so ordered.
program under title III of the Comprehensive
serting immediately before the period at the
Employment and Training Act of 1973.
end thereof the following: ", and for the
Mr. BEALL. Mr. President, I suggest
TECHNICAL AMENDMENTS
period beginning July 1, 1976, and ending
the absence of a quorum.
SEC. 116. (a) Section 102(1) of the Act (42
September 30, 1976".
The PRESIDING OFFICER. The clerk
will call the roll.
U.S.C. 3002(1)) is amended by striking out
OLDER AMERICANS COMPREHENSIVE SERVICE
the semicolon at the end thereof and insert-
AMENDMENTS OF 1973
Mr. LONG. Mr. President, I ask unan-
ing in lieu thereof a period.
SEC. 203. Section 805 of the Older Ameri-
imous consent that the order for the
(b) The heading for section 202 of the
cans Comprehensive Services Amendments of
quorum be rescinded.
Act (42 U.S.C. 3012) is amended by striking
1973 (42 U.S.C. 2809 note) is awarded—
The PRESIDING OFFICER. Without
out "OFFICE" and inserting in lieu thereof
(1) by striking out "fiscal year" the second
objection, it is so ordered.
"ADMINISTRATION".
place it appears therein and inserting in
(c) Section 202(a) (8) of the Act (42 U.S.C.
lieu thereof "four fiscal years and the period
3012 (a) (8)) is amended by striking out
beginning July 1, 1976, and ending Septem-
"and" at the end thereof.
ber 30, 1976"; and
SUSPENSION OF DUTY ON
(d) Section 303(b) (1) of the Act (42
(2) by striking out "Economic Opportunity
CERTAIN ISTLE
U.S.C. 3023(b) (1)) is amended by striking
Act of 1964" and inserting in lieu thereof
out "authorized to be".
"Community Services Act of 1974".
Mr. LONG. Mr. President, I ask unan-
(e) The last sentence of section 305(e) of
VOCATIONAL EDUCATION ACT OF 1963
imous consent that the Committee on Fi-
the Act (42 U.S.C. 3041f(b)) is amended by
SEC. 204. Section 161 (d) of the Vocational
nance be discharged from further con-
striking out "or" the second place it appears
ing in lieu thereof "Commissioner's".
Education Act of 1963 (20 U.S.C. 1341
sideration of H.R. 7709, a bill to continue
(f) Section 432(b) of the Act (42 U.S.C.
is amended by inserting "(1)" immediately
for a temporary period the existing sus-
3037a (b)) is amended by striking out "part"
before "At least one-third" and by adding at
pension of duty on certain istle, and that
and inserting in lieu thereof "title".
the end thereof the following new paragraph:
the bill be laid before the Senate for its
(g) The last sentence of section 507(b) of
"(2) From funds made available under
immediate consideration.
the Act (42 U.S.C. 3041f(b)) is amended by
this section, special consideration shall be
striking out "or" the second place it appears
given to special consumer and homemaking
The PRESIDING OFFICER. The bill
therein and inserting in lieu thereof "of".
programs for persons aged sixty or older who
will be stated by title.
are in need of services provided by such
The legislative clerk read as follows:
(h) The heading for section 703 of the
Act (42 U.S.C. 3045b) is amended by striking
programs, as determined by the Commis-
A bill (H.R. 7709) to continue for a tempo-
out "ALLOTTMENT" and inserting in lieu there-
sioner. Such programs shall be designed to
rary period the existing suspension of duty
of "ALLOTMENT".
assist such persons to live independently in
on certain istle.
(1) The last sentence of section 703(c) of
their own homes and to alleviate the ad-
verse effects of loneliness and isolation.".
The PRESIDING OFFICER. Is there
the Act (42 U.S.C. 3045b(c) is amended by
striking out "in kind" and inserting in lieu
AMENDMENT TO RESEARCH ON AGING ACT OF 1974
objection to the request of the Senator
thereof "in-kind".
SEC. 205. Section 464 of the Public Health
from Louisiana?
(j) The last sentence of section 703(d)
Service Act (42 U.S.C. 269k-5) is amended
Mr. ALLEN. Mr. President, reserving
of the Act (42 U.S.C. 3045(d) is amended
by striking out "one year" and inserting in
the right to object, what is the nature of
by striking out "in kind" and inserting in
lieu thereof "two years".
this bill?
lieu thereof "in-kind".
TITLE III-STUDY OF DISCRIMINATION
Mr. LONG. This is a bill to continue
(k) Section 705(a) (2) of the Act (42
BASED ON AGED
the existing suspension of duty on istle
U.S.C. 3045d(a) (2)) is amended by striking
Sec. 301. (a) The Commission on Civil
out "sets" and inserting in lieu thereof
until June 30, 1978. We have extended
"set".
Rights (hereinafter called the "Commission")
the suspension of the duty on istle a
is directed to undertake a study to deter-
(1) Section 705(a) (2) (B) of the Act (42
number of times. One might argue that
mine whether persons who are otherwise
U.S.C. 3045(a) (2) (B)) is amended by strik-
qualified are, because of their age, excluded
the suspension should be made perma-
ing out "cost, for the fiscal year ending
from participation in, denied the benefits of,
nent. But the House of Representatives
June 30, 1973," and all that follows through
or subject to discrimination under any pro-
has sent it to us with about a 3-year ex-
"1973, funds" and inserting in lieu thereof
gram or activity receiving Federal financial
tension. I know of no objection whatever
"cost. Funds".
assistance. If the Commission finds substan-
to the bill.
(m) Section 705(a) (5) of the Act (42
tial evidence of such exclusion, denial, or
U.S.C. 3045d(a) (5)) is amended by striking
Mr. ALLEN. Is it contemplated that
discrimination on account of age, the Com-
out "areas" and inserting in lieu thereof
an amendment is to be added to this
mission shall seek to determine the nature,
"area".
bill?
extent, and causes of such exclusion, denial,
(n) The last sentence of section 705(c) of
or discrimination and shall identify with
Mr. LONG. Yes, it is.
the Act (42 U.S.C. 3045d(c)) is amended by
particularity the federally assisted programs
I will explain the amendment if the
inserting a comma immediately after "fail-
or activities concerned.
ure" the first place it appears therein and
Senator so wishes.
(b) No later than one year following the
such sentence is further amended by strik-
date on which legislation is enacted to ap-
Mr. ALLEN. I would like to have an
ing out the word "part" and inserting in lieu
propriate funds for the conduct of the study
explanation because, as the Senator
thereof "title".
herein provided, the Commission shall make
knows, frequently these minor bills are
(o) Section 706(a) (5) of the Act (42
a report of its findings to the Congress and
used as vehicles for attaching amend-
U.S.C. 3045e(a) (5)) is amended by insert-
the President, together with its recommen-
ments of much greater import than the
ing a comma immediately after "require-
dations regarding the legislative and ad-
original bill.
ments" the second place it appears therein.
ministrative measures necessary for correc-
(p) Section 706(a) (8). of the Act (42
tive action, if any.
Mr. LONG. I will be happy to explain
U.S.C. 3045e(a) (8)) is amended by inserting
(e) There are authorized to be appropri-
my amendment. The problem is that
a comma immediately after "program" the
ated such sums as may be necessary to carry
there are 11 States that are going to lose
second place it appears therein.
out the purposes of this section.
Federal matching for their child sup-
TITLE I-AMENDMENTS TO OTHER
Mr. EAGLETON. Mr. President, I fur-
port activities because they have not
LAWS
ther move that the Senate insist upon its
yet been able to amend their laws and
HIGHER EDUCATION ACT OF 1965
amendment to H.R. 3922 and request a
their practices to come into compliance
SEC. 201. Section 110(b) of the Higher Ed-
conference with the House of Represent-
with the new child support regulations.
ucation Act of 1965 (20 U.S.C. 1008a(b)) is
atives, and that the Chair be authorized
My amendment would simply amend the
amended by striking out "July 1, 1977" and
to appoint the conferees on the part of
law to postpone the effective date from
inserting in lieu thereof "October 1, 1977", by
the Senate.
July 1 up to August 1. This will allow us
striking out "and" immediately after "1973,"
The motion was agreed to; and the
30 days in which to consider the prob-
and inserting in lieu thereof "for", and by
Presiding Officer appointed Mr. EAGLE-
lems of the States, that need to adjust
inserting immediately before the period at
the end thereof the following: ", and for
TON, Mr. CRANSTON, Mr. KENNEDY, Mr.
their laws to meet the requirements of
the period beginning July 1, 1976, and end-
RANDOLPH, Mr. WILLIAMS, Mr. PELL, Mr.
Federal law.
ing September 30, 1976".
NELSON. Mr. BEALL, Mr. SCHWEIKER, Mr.
Without this amendment, we would
ADULT EDUCATION ACT
TAFT, and Mr. STAFFORD conferees on the
find that 11 States would lose Federal
SEC. 202. Section 310(b) of the Adult Ed-
part of the Senate.
funding for their child support activities.
ucation Act (20 U.S.C. 1208a(b)) is amended
Mr. EAGLETON. Mr. President, I ask
The Senator would not want that to
by striking out "July 1, 1975" and inserting
unanimous consent that the considera-
happen, and I do not want it to happen
in lieu thereof "October 1, 1977", by striking
tion of S. 1425 be indefinitely postponed.
either.
Child support
T TAB C
DEPARTMENT ATION
THE SECRETARY OF HEALTH. EDUCATION, AND WELFARE
ONE
DIPARTMENT
WFNT
WASHINGTON, D. C. 20201
SEPARTMENT
JUL 11 1975
Honorable Thomas F. Eagleton
Chairman, Subcommittee on Aging
Committee on Labor and Public Welfare
United States Senate
Washington, D.C. 20510
Dear Mr. Chairman:
This is to bring to your attention the concerns of the Department of
Health, Education and Welfare with respect to certain provisions of
both the House and Senate versions of H.R. 3922, a bill to amend the
Older Americans Act of 1965, which is now in conference.
As you know, the Administration transmitted to the Congress last
January 30 a draft bill to extend the Older Americans Act with several
modifications. Under the major provisions of this bill, introduced
as S. 599:
1. Authorizations for most titles of the Act would have been extended
for two years, to September 30, 1977, making them coterminous with
Title VII, the nutrition program;
2. Title V and section 309 - authorizing grants for purchase,
renovation and initial staffing of senior citizen centers and
grants for transportation projects - would have been permitted
to expire since they are duplicative of existing authorities
available to the Departments of Housing and Urban Development and
Transportation and have never been funded;
3. Parts A and C of Title IV -- dealing with training programs in
the aging field and establishment of gerontology centers - would
also have been permitted to expire since the Administration has
never requested funding for these parts;
4. The statutory preference for low-income, minority and limited
English-speaking persons now given in the Title VII nutrition
programs would have been extended to those benefiting from State
and Community Programs on aging funded under Title III to conform
with the Administrator's policy of directing limited funds to
those who need them most; and
Page 2 - Honorable Thomas F. Eagleton
5. Authorization would have been granted for a reasonable extension of
the deadline for submission to, the Congress of two major studies now
being conducted by the Federal Council on the Aging.
Following are the Department's most serious concerns with respect
to Senate and House action relative to each of these points and our
concerns regarding other major features of the versions of H.R. 3922
passed by both Houses.
1. Extension of Titles: The Senate bill would extend all titles (with
the exception of the extension to September 30, 1978 for the Older
Americans Community Service Employment Act) to September 30, 1977,
making them coterminous with the Title VII nutrition program as the
Administration requested. The House bill would extend all Titles --
including Title VII -- through September 30, 1979. We strongly
support the Senate bill on this point. Both the Title VII
programs and the Title III grants for State and Community Programs
on Aging are in only their second year of operation. We believe
both the Administration and the Congress should await more
definitive data on the efficacy of these programs before determining
whether they should be extended beyond 1977 in their present form.
2. Authorization levels: Both the Senate and House bills contain
appropriations authorizations under the Older Americans Act and
related statutes considerably higher than those in the Administration
proposal. We believe that all Americans are looking to the Congress
to work with the Administration in helping to curb government
spending as one means of controlling the inflation that is eroding
their wages, pensions and savings. Limiting authorizations under
this Act would at the same time contribute to this effort and avoid
generating unrealistic expectations of major expansions of Federal
funding for programs authorized under the Act.
3. Expiration of Title V and Section 309: We regret that neither the
Senate nor the House bills would allow the transportation program
authority in Section 309 to expire as the Administration requested.
The Senate bill would continue that authority as part of a revised
Section 309 and would authorize $50 million in each of Fiscal Years
1976 and 1977 to fund transportation projects, home service.
projects, and projects to provide legal counseling and services.
The House bill would fold the transportation authority into a new
Title VIII, which would also establish a broad range of new programs
to be funded under Title III grants to States and communities. We
urge that the transportation authority --- and the $50 million
authorization contained in the Senate bill -- be deleted since it
is duplicative of authorities presently available to the Department
of Transportation and to this Department. With respect to Title V,
Page 3 - Honorable Thomas F. Eagleton
both bills would extend authorization for grants to purchase and
renovate senior citizens centers. We reiterate our proposal that
this authority be allowed to lapse since the Department of Housing
and Urban Development has authority under the Housing and
Community Development Act of 1974 to make grants to communities
which can be used for the same purposes.
4. Expiration of Parts A and C of Title IV: Neither the Senate bill
nor the House bill would permit these parts -- dealing with training
in the aging field and establishment of gerontology centers -- to
expire. Moreover, both bills would make explicit the authority
under this Title to include grants for training of lawyers,
paraprofessionals and lay advocates to provide legal counseling
and services to older persons. We urge that Parts A and C of Title
IV be permitted to expire, because their enactment would run
directly counter to our goal to end the proliferation of programs
designed to grant institutions specific funds to train specific
kinds of personnel.
5. Preference to low-income, minority and limited English-speaking
persons: While neither bill incorporates the Administration's
recommendation that the same statutory preference accorded such
persons in the Title VII nutrition programs be extended to those
benefiting from Title III State and Community service programs,
the Senate bill does mandate that State plans "take into account"
the needs of low income elderly and the relative distribution of
older persons residing in rural and urban areas of the State.
We urge that the Senate bill language on this point be revised
to incorporate the Administration's proposal.
6. Extension of study deadlines: Both the Senate and House bills
incorporate the Administration's proposal that the Federal Council
on the Aging be given until January 1, 1976, to complete two major
studies authorized under 1973 amendments to the Act -- one dealing
with the interrelationships of Federal, State and local benefit
programs for the elderly, and one dealing with the combined impact.
of all taxes on the elderly. This additional time is essential
to permit the Council to make a thorough examination of these
highly complex areas.
7. Age discrimination: The House bill contains a new Title III -- the
Age Discrimination Act of 1975 -- which would bar discrimination
based on age in any program or activity receiving Federal assistance
except where age is "reasonably" taken into account in limiting
participation in any such program, or where another law provides
for benefits or assistance for persons based on age. While we
fully agree that the issue of age discrimination should be addressed
with respect to all programs operated under aegis of Federal law, we
Page 4 - Honorable Thomas F. Eagleton
strongly oppose enactment of the Age Discrimination Act as passed
by the House on the following grounds:
A. Since neither the Congress nor the Administration have had
sufficient time to explore the potential ramifications of
the Act, its enactment at this time would leave unresolved
a host of administrative issues and legal questions comparable
in gravity and complexity to those raised in the sex
discrimination provisions of Title IX of the Education
Amendments of 1972 and the prohibitions of discrimination
against the handicapped contained in Section 504 of the 1973
Rehabilitation Act.
B. Enactment of this Act would leave to the Executive Branch the
formulation of momentous policy decisions in wholly uncharted
areas without the benefit of any specific legislative guidance.
C.
Neither the Act as passed by the House nor its legislative
history indicates what factors would be "reasonable" if taken
into account in limiting eligibility for any Federally assisted
program. Thus, even a preliminary review of the potential
ramifications suggests a myriad of unexplored issues. For
example, could medical schools deny admission to 50-year-olds
on grounds that they could be expected to practice medicine
for only a relatively brief time? Could States establish
transportation and housing programs for senior citizens
limited to specific age groups? Could children of any age
consent to sterilization or elect specific medical treatment?
We strongly urge that this provision of the House-passed bill be
deleted and that the Congress instead adopt the new Title III
language contained in the Senate version of H.R. 3922, which would
direct the U.S. Commission on Civil Rights to study all aspects
of the question of age discrimination in Federally assisted
programs and to report its findings to the Congress and the President
within one year after appropriations are made for the study.
8. Direct Funding for Indian Tribes: We strongly oppose the House-
passed amendment to Section 303 (b) of the Older Americans Act to
provide for direct funding to Indian tribes on reservations for
programs authorized under the Act. We urge that the Congress adopt
instead the amendment to Section 303(b) passed by the Senate under
which the Commissioner of Aging would be permitted to provide
direct funding to Indian tribes if he should find that members of
such tribes are not receiving benefits equivalent to those provided
to other older persons in a State or area.
9. New Title VIII programs: We are strongly opposed to the new Title
VIII contained in the House-passed bill which would establish a new
Page 5 - Honorable Thomas F. Eagleton
range of programs (homemaker and other home services; legal and
other counseling services; residential repairs and renovations;
mortgage interest reduction and insurance activities; and
transportation), each duplicative of services which can be funded
under the Older Americans Act or other statutes. Moreover, under
the House-passed Title VIII, States would be forced to expend on
these specific programs no less than 20 percent of funds available
under Section 303 of Title III of the Act, rather than for programs
which meet priorities the States themselves establish. We also
strongly oppose the amendment to Section 309 contained in the
Senate-passed bill under which a new authorization of $50 million
would be earmarked for programs in three of the five areas
specified in Title VIII of the House bill: homemaker and other
home services; legal counseling; and transportation services.
Thus, if enacted, the new Title VIII, or an amended Section 309
as passed by the Senate, would violate the spirit and intent of
the 1973 Title III Amendments, which gave the States long-sought
authority to marshal available Federal, State, local and
voluntary funds and resources to mount programs specifically
designed to meet locally-established priorities. To tie the
States' hands now in the manner suggested in these provisions
after less than two years' experience under the 1973 amendments
would be a major step backward. We urge that the conferees on
H.R. 3922 delete these provisions.
10. Other Provisions: On three other amendments contained in one or
both versions of H.R. 3922 - those affecting programs under the
Older American Community Service Employment Act; those affecting
the purchase of commodities for the Title VII nutrition program;
and the House-passed amendment authorizing mortgage interest
reduction, insurance and housing repair activities -- we defer to
the Departments of Labor, Agriculture and Housing and Urban
Development respectively.
11. Amendments to Other Laws: Both the Senate and House bills would
extend Section 110 of the Higher Education Act and Section 310 of
the Adult Education Act which provide for unneeded special programs
for the elderly for which the Administration has never requested
funding. Both bills would also amend the Vocational Education Act
to require special consideration for the elderly in consumer and
homemaking programs which would be duplicative of other authorities.
Older persons are more properly served through the current State
apportionment programs of the Vocational Education and Adult
Education Acts under which funding decisions are made at the State
and local levels based on needs they identify.
Page 6 - Honorable Thomas F. Eagleton
We are advised by the Office of Management and Budget that there is
no objection to the submission of this letter from the standpoint of
the Administration's program.
Sincerely,
Identical letter sent to Rep. Brademas with copies to all Senate and
House conferees.
94TH CONGRESS
HOUSE OF REPRESENTATIVES
REPORT
1st Session
No. 94-670
OLDER AMERICANS AMENDMENTS OF 1975
NOVEMBER 17, 1975.-Ordered to be printed
Mr. PERKINS, from the committee of conference,
submitted the following
CONFERENCE REPORT
[To accompany H.R. 3922]
The committee of conference on the disagreeing votes of the two
Houses on the amendment of the Sentate to the 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 authoriza-
eions of appropriations contained in such Act, to prohibit discrimina-
tion on the basis of age, and for other purposes, having met, after
full and free conference, have agreed to recommend and do recom-
mend to their respective Houses as follows:
That the House recede from its disagreement to the amendment of
the Senate and agree to the same with an amendment as follows:
In lieu of the matter proposed to be inserted by the Senate amend-
ment insert the following:
That this Act may be cited as the "Older Americans Amendments of
1975".
TITLE I-AMENDMENTS TO OLDER AMERICANS ACT
OF 1965
TRANSMISSION OF CERTAIN RECOMMENDATIONS RELATING TO FEDERAL
COUNCIL OF AGING
SEC. 101. (a) Section 205(g) of the Older Americans Act of 1965 (42
U.S.C. 3015(g)) (hereinafter in this title referred to as the "Act")
is amended by striking out "eighteen months after enactment of this
Act" and inserting in lieu thereof "January 1, 1976,".
(b) Section 205(h) of the Act (42 U.S.C. 3015(h)) is amended by strik-
ing out "eighteen months after enactment of this Act," and inserting in
lieu thereof "January 1, 1976,".
57-006 0
FORD LIBRARY & GERALD
3
2
APPLICATION OF OTHER LAWS
Commissioner may prescribe by regulation and which meets criteria
established by section 305(a), to the extent the Commissioner determines
SEC. 102. Title II of the Act (42 U.S.C. 3011 et seq.) is amended by
such criteria to be appropriate.
adding at the end thereof the following new section:
"(D) Recipients of grants under this paragraph may retain for ad-
ministrative purposes an amount equal to the amount available for the
"APPLICATION OF OTHER LAWS
cost of the administration of area plans under section 303(e)(1).".
"SEC. 211. The provisions and requirements of the Act of December 5,
(b) Section 102 of the Act (42 U.S.C. 3002) is amended by adding at
1974 (Public Law 93-510; Stat. 1604) shall not apply to the admin-
the end thereof the following new paragraphs:
istration of the provisions of this Act or to the administration of any
"(4) The term 'Indian' means a person who is a member of an Indian
tribe.
program or activity under this Act.".
"(5) The term 'Indian tribe' means any tribe, band, nation, or other
DEFINITION OF SOCIAL SERVICES
organized group or community of Indians (including any Alaska Native
village or regional or village corporation as defined in or established
SEC. 103. Section 302(1) of the Act (42 U.S.C. 3022(1)) is amended-
pursuant to the Alaska Native Claims Settlement Act (Public Law 92-
(1) in subparagraph (E) thereof, by striking out "or" at the end
203; 85 Stat. 688)) which (A) is recognized as eligible for the special
thereof; and
programs and services provided by the United States to Indians because
(2) by redesignating subparagraph (F) as subparagraph (H) and
of their status as Indians; or (B) is located on, or in proximity to, a
by inserting immediately after subparagraph (E) the following new
Federal or State reservation or rancheria.
subparagraphs: (F) services designed to provide legal and other counseling
"(6) The term 'tribal organization' means the recognized governing
body of any Indian tribe, or any legally established organization of
services and assistance, including tax counseling and assistance
Indians which is controlled, sanctioned, or chartered by such governing
and financial counseling, to older persons;
body. In any case in which a contract is let or grant made to an organiza-
"(G) services designed to enable older persons to attain and main-
tion to perform services benefiting more than one Indian tribe, the ap-
tain physical and mental well being through programs of regular
proval of each such Indian tribe shall be a prerequisite to the letting or
physical activity and exercise; or".
making of such contract or grant.".
(c) The first sentence of section 303(b)(2) of the Act (42 U.S.C. 3023
GRANTS TO INDIAN TRIBES
(b) is amended by striking out "From" and inserting in lieu thereof
SEC. 104. (a) Section 303(b) of the Act (42 U.S.C. 3023(b)) is amended
"Subject to the provisions of paragraph (3), from".
(d) Section 303(b)(4) of the Act (42 U.S.C. 3023(b)(4)), as so re-
by redesignating paragraph (3) as paragraph (4) and by inserting
designated by subsection (a), is amended by inserting immediately after
immediately after paragraph (2) the following new paragraph:
"(3) (A) In any State in which the Commissioner determines (after
"States" a comma and the following: "and the number of Indians aged
having taken into account the amount of funds available to the State
sixty or over on, or in proximity to, any Federal or State reservation or
rancheria".
agency or to an appropriate area agency on aging to carry out the purposes
AREA PLAN REQUIREMENTS
of this title) that the members of an Indian tribe are not receiving benefits
under this title that are equivalent to benefits provided to other older
SEC. 105. (a) Section 304(c)(4) of the Act (42 U.S.C. 3024(c) is
persons in the State or appropriate area, and if he further determines
amended by striking out subparagraph (C) and by redesignating sub-
that the members of such tribe would be better served by means of grants
paragraph (D) through subparagraph (F) as subparagraph (C) through
made directly to provide such benefits, he shall reserve from sums that
subparagraph (E), respectively.
would otherwise be allotted to such State under paragraph (2) not less than
(b) Section 304 of the Act (42 U.S.C. 3024) is amended by inserting
100 per centum nor more than 150 per centum of an amount which
after subsection (c) the following new subsection:
bears the same ratio to the State's allotment for the fiscal year involved as
"(d)(1) Subject to regulations prescribed by the Secretary of Health,
the population of all Indians aged sixty or over for whom a determination
Education, and Welfare, an area agency on aging designated under
under this paragraph has been made bears to the population of all persons
subsection (a) or, in areas of a State where no such agency has been desig-
aged sixty or over in such State.
nated, the State agency, is authorized to enter into agreements with agencies
"(B) The sums reserved by the Commissioner on the basis of his
administering programs under the Rehabilitation Act of 1973, and titles
determination under this paragraph shall be granted to the tribal organiza-
VI, XIX, and XX of the Social Security Act for the purpose of de-
tion serving the individuals for whom such a determination has been made,
veloping and implementing plans for meeting the common need for
or where there is no tribal organization, to such other entity as he deter-
transportation services of persons receiving benefits under such Acts
mines has the capacity to provide services pursuant to this title.
and older persons participating in programs authorized by titles III
"(C) In order for a tribal organization or other entity to be eligible for a
and VII of this Act.
grant for a fiscal year under this paragraph, it shall submit to the Com-
missioner a plan for such fiscal year which meets such criteria as the
"(2) Pursuant to an agreement entered into under paragraph (1),
funds appropriated under titles III and VII of this Act may be used to
purchase transportation services for older persons and may be pooled
4
5
with funds made available for the provision of transportation services
thereof "$200,000", and by striking out "$50,000" in clause (B) and
under the Rehabilitation Act of 1973, and titles VI, XIX, and XX of
inserting in lieu thereof "$62,500".
the Social Security Act.".
(b) Section 306(b) of the Act (42 U.S.C. 3026(b)) is amended by
redesignating paragraph (2) as paragraph (4), and by inserting immedi-
NATIONAL PRIORITY SERVICES
ately after paragraph (1) the following new paragraphs:
SEC. 106. (a) Section 305(a) of the Act (42 U.S.C. 3025(a)) is amended
(2)(A) Any State which desires to receive amounts, in addition to
by striking out "and" immediately after the semicolon in paragraph
amounts allotted to such State under paragraph (1), to be used in the
administration of its State plan in accordance with subsection (a) may
(8), by striking out the period at the end of paragraph (9) and inserting
transmit an application to the Commissioner in accordance with this
in lieu thereof a semicolon and "and", and by inserting the following new
paragraph. Any such application shall be transmitted in such form, and
paragraph immediately after paragraph (9):
according to such procedures, as the Commissioner may require, except
"(10) provides assurances in such form as the Commissioner shall
that such application may not be made as part of, or as an amendment to,
prescribe that of the funds allotted to the State under section 303(b)
the State plan.
in any fiscal year to carry out the State plan, not less than 50 per
"(B) The Commissioner may approve any application transmitted by
centum of the amount by which such allotment exceeds the allotment
a State under subparagraph (A) if the Commissioner determines, based
made for the same purpose in the fiscal year ending June 30, 1975,
upon a particularized showing of need, that-
shall be used for the purposes set forth in section 305(b), except with
'(i) such State will be unable to fully and effectively administer its
respect to any State which provides assurances found satisfactory
State plan and to carry out programs and projects authorized by this
by the Commissioner that at least 331/3 per centum of the total
title and by title VII unless such additional amounts are made avail-
amount allotted to the State under section 303(b) to carry out
able by the Commissioner;
the State plan in any fiscal year shall be used for the purposes set
"(ii) such State is making full and effective use of its allotment
forth in section 305(b), but in no case shall less than 20 per
under paragraph (1) and of the personnel of the State agency and
centum of the funds allotted to any ,State under section 303(b)
area agencies designated under section 305 in the administration of
to carry out the State plan in any fiscal year beginning after
its State plan in accordance with subsection (a); and
September 30, 1976, be used for the purposes set forth in sec-
"(iii) the State agency and area agencies of such State designated
tion 305(b).".
under section 305 are carrying out, on a full-time basis, programs
(b) Section 305(a) of the Act (42 U.S.C. 3025(a)) is amended by re-
and activities which are in furtherance of the purposes of this Act.
designating subsections (b), (c), (d), and (e) as subsections (c), (d), (e),
"(C) The Commissioner may approve that portion of the amount re-
and (f), respectively, and by inserting the following new subsection
quested by a State in its application under subparagraph (A) which he
immediately after subsection (a):
determines has been justified in such application.
"(b) Every State plan shall provide for the establishment or maintenance
"(D) Amounts which any State may receive in any fiscal year under this
of programs (including related training) for the provision of some or all
paragraph may not exceed three-fourths of 1 per centum of the sum of the
of the following services designed to assist older persons in leading in-
amounts allotted to such State to carry out the State plan under section
dependent lives and avoiding unnecessary institutionalization:
303(b) and section 703(a) for such fiscal year.
"(1) Transportation services.
"(E) No application by a State under subparagraph (A) shall be ap-
"(2) Home services, including homemaker services, home health
proved unless it contains assurances that no amounts received by such State
services, shopping services, escort services, reader services, letter
under this paragraph will be used to hire any person to fill a job opening
writing services, and other services designed to assist such persons to
created by the action of such State in laying off or terminating the employ-
continue living independently in a home environment.
ment of any regular employee not supported under this Act in anticipation
(3) Legal and other counseling services and assistance pro-
of filling the vacancy so created by hiring an employee to be supported
grams, including tax counseling and assistance and financial
through use of amounts received under this paragraph.
counseling, for older persons.
"(3) Each State shall be entitled to an allotment under this section for
"(4) Residential repair and renovation programs designed to
any fiscal year in an amount which is not less than the amount of the
enable older persons to maintain their homes in conformity with
allotment to which such State was entitled under paragraph (1) for the
minimum housing standards or to adapt homes to meet the needs of
fiscal year ending June 30, 1975."
(c) Section 304(c)(2) of the Act (42 U.S.C. 3024(c)(2)) is amended by
elderly persons suffering from physical disabilities.".
MODEL PROJECT REQUIREMENTS
inserting immediately after "priorities," the following: "and consistent
SEC. 108. Section 308(a) of the Act (42 U.S.C. 3028(a)) is amended
with the provisions of the State plan relating to the s rvices required to be
by striking out "or" at the end of paragraph (3), by striking out the
provided under section (10),".
period at the end of paragraph (4) and inserting in lieu thereof a semi-
colon and "or", and by inserting immediately after paragraph (4) the
ADMINISTRATION OF STATE PLANS
following new paragraphs:
SEC. 107. (a) Section 306(b)(1) of the Act (42 U.S.C. 3026(b)(1)) is
"(5) enable State agencies on aging and other public and private
amended by striking out "$160,000" in clause (A) and inserting in lieu
nonprofit organizations to assist in the promotion and development of
ombudsman services for residents of nursing homes;
6
7
"(6) meet the special needs of, and improve the delivery of services
State or political subdivision of a State, designed to provide assistance or
to, older persons who are not receiving adequate services under other
services to older persons, including nursing home programs and other
provisions of this Act, with emphasis on the needs of low-income,
similar programs; and (2) the training of persons employed by or asso-
minority, Indian, and limited-English speaking individuals, and the
ciated with public or private nonprofit agencies or organizations, in-
rural elderly; or
cluding a State or political subdivision of a State, who will identify
"(7) assist older persons to remain within their communities and
legal problems affecting older persons, develop solutions to the legal
out of institutions and to maintain their independent living by (A)
needs of older persons.".
providing financial assistance for the establishment and operation
of senior ambulatory care day centers (providing a planned schedule
PURCHASE AND DONATION OF CERTAIN PRODUCTS BY SECRETARY OF
of health, therapeutic, educational, nutritional, recreational, and
AGRICULTURE
social services at least twenty-four hours per week, transportation
arrangements at low or no cost for participants to and from the
SEC. 111. (a) Section 707 of the Act (42 U.S.C. 3045f) is amended
center, a hot mid-day meal, outreach and public information pro-
by inserting (1) immediately before the first sentence of subsection
grams, and opportunities for maximum participation of senior
(a), by striking out "this section" in subsection (d) each place it
participants and senior volunteers in the planning and operation of
appears therein and inserting in lieu thereof "this subsection", by
such center), and (B) maintaining or initiating arrangements (or
redesignating subsections (b), (c), and (d) as paragraphs (2), (3),
providing reasonable assurances that such arrangements will be main-
and (4), respectively, by redesignating subsection (e) as subsection
tained or initiated) with the agency of the State concerned which
(b), and by adding at the end thereof the following new subsection:
administers or supervises the administration of a State plan ap-
(c) (1) During each of the fiscal years ending June 30, 1975, and
proved under title XIX of the Social Security Act, and with other
June 30, 1976, and during the period beginning July 1, 1976, and end-
appropriate social services agencies receiving, or reimbursed through,
ing September 30, 1976, the Secretary of Agriculture shall purchase
Federal financial assistance, for the payment of all or a part of such
high protein foods, meat, and meat alternates on the open market, at
center's costs in providing services to eligible persons.".
prices not in excess of market prices, out of funds appropriated under
this section, as determined under paragraph (3), for distribution to
ATTRACTING QUALIFIED PERSONS TO THE FIELD OF AGING
recipients of grants or contracts to be used for providing nutritional
SEC. 109. Section 403 of the Act (42 U.S.C. 3033) is amended by insert-
services in accordance with the provisions of this title. High protein
ing immediately after "education" the following: "as defined in section
food, meat, and meat alternates purchased by the Secretary of Agri-
1201(a) of the Higher Education Act of 1965".
culture under this subsection shall be grown and produced in the
United States.
TRAINING PERSONNEL IN THE FIELD OF AGING
(2) High protein food, meat, and meat alternates donated under
SEC. 110. (a) Section 404(a) of the Act (42 U.S.C. is amended
this subsection shall not be considered donated commodities for pur-
by redesignating paragraphs (2), (3), (4), and (5) as paragraphs (3),
poses of meeting the requirement of subsection (a) (4) with respect
to the annually programed level of assistance under subsection (a).
(4), (5), and (6), respectively.
(b) Section 404(a) of the Act (42 U.S.C. 3034(a)) is amended by
(3) There are authorized to be appropriated such sums as may be
striking out paragraph (1) and inserting in lieu thereof the following
necessary in order to carry out the program established under para-
graph (1).
new paragraphs:
"(1) to assist in paying the costs, in whole or in part, of short-
(b) Section 707 (a) (4) of the Act, as so redesignated by subsection
term and inservice training courses, workshops, institutes and other
(a), is amended by striking out "10 cents per meal: and inserting in
activities designed to improve the capabilities of participants to
lieu thereof "15 cents per meal during the fiscal year ending Septem-
provide services to older persons and to administer programs related
ber 30, 1976, and 25 cents per meal during the fiscal year ending Sep-
tember 30, 1977:".
to the purposes of this Act,
"(2) to assist in paying the costs, in whole or in part, of post-
(c) Section 707 (a) of the Act (42 U.S.C. 3045f) is amended in para-
secondary education courses of training or study related to the pur-
graphs (1), (2), and (3) by striking out "may" each place it appears
poses of this Act, including the payment of stipends to students
therein and inserting in lieu thereof "shall".
enrolled in such courses,".
(d) Section 707 of the Act, as amended by subsection (a), is further
(c) Section 404 of the Act (42 U.S.C. 3034) is amended by adding at
amended by adding at the end thereof the following new subsection:
the end thereof the fc llowing new subsection:
"(d) (1) Notwithstanding any other provision of law, in any case
"(c) The Commissioner may make grants under subsection (a) to
in which a State has phased out its commodity distribution facilities
assist in (1) the training of lawyers and paraprofessional persons who
before June 30, 1974, such State may, for purposes of the programs
will (A) provide legal (including tax and financial) counseling and services
authorized by this Act, elect to receive cash payments in lieu of do-
to older persons; or (B) monitor the administration of any program by any
nated foods. In any case in which a State makes such an election, the
public or private nonprofit institution, organization, or agency, or any
Secretary of Agriculture shall make cash payments to such State in an
amount equivalent in value to the donated foods which the State other-
8
9
wise would have received if such State had retained its commodity
COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS
distribution facilities.
"(2) When such payments are made, the State agency shall promptly
SEC. 113. (a) The Act is amended by adding at the end thereof the
and equitably disburse any cash it receives in lieu of commodities to
following new title:
recipients of arants or contracts. Such disbursements shall be used
by such recipients of grants or contracts to purchase United States
"TITLE IX-COMMUNITY SERVICE EMPLOYMENT FOR
agricultural commodities and other foods for their nutrition projects.".
OLDER AMERICANS
(e) The first sentence of section 708 of the Act (42 U.S.C. 3045g)
"SHORT TITLE
is amended by inserting after "this title" the following: (other than
section 707(c))".
"SEC. 901. This title may be cited as the 'Older American
(f) Section 707 (a) (4) of the Act (42 U.S.C. 3045f (4)), as so
Community Service Employment Act'.
redesignated by subsection (a), is amended by striking out "subsection
(d)" and inserting in lieu thereof "paragraph".
"OLDER AMERICAN COMMUNITY SERVICE EMPLOYMENT PROGRAM
AUTHORIZATION OF APPROPRIATIONS
"SEC. 902. (a) In order to foster and promote useful part-time oppor-
tunities in community service activities for unemployed low-income per-
SEC. 112. (a) Section 204(c) of the Act (42 U.S.C. 3014(c)) is amended
sons who are fifty-five years old or older and who have poor employment
by striking out "and" immediately after "1974," and by inserting im-
prospects, the Secretary of Labor (hereinafter in this title referred to as
mediately after "1975," the following: "the fiscal year ending June 30,
the 'Secretary') is authorized to establish an older American community
1976, the period beginning July 1, 1976, and ending September 30, 1976,
service employment program.
and the fiscal years ending September 30, 1977, and 1978,".
"(b) (1) In order to carry out the provisions of this title, the Secretary
(b) (1) Section 303(a) of the Act (42 U.S.C. 3023(a)) is amended by
is authorized to enter into agreements with public or private nonprofit
striking out "and" immediately after "1974," and by inserting immedi-
agencies or organizations, including national organizations, agencies of a
ately after "1975," the following: $180,000,000 for the fiscal year ending
State government or a political subdivision of a State (having elected or
June 30, 1976, $57,750,000 for the period beginning July 1, 1976, and
duly appointed governing officials), or a combination of such political
ending September 30, 1976, $231,000,000 for the fiscal year ending Sep-
subdivisions, or tribal organizations in order to further the purposes and
tember 30, 1977, and $287,200,000 for the fiscal year ending September
goals of the program. Such agreements may include provisions for the
30, 1978,".
payment of costs, as provided in subsection (c), of projects developed by
(2) Section 303(b)(2) of the Act (42 U.S.C. 3023(b) (2)) is amended by
such organizations and agencies in cooperation with the Secretary in
striking out "and" immediately after "1974," and by inserting immedi-
order to make the program effective or to supplement the program. No
ately after "1975," the following: "for the fiscal year ending June 30,
payment shall be made by the Secretary toward the cost of any project
1976, the period beginning July 1, 1976, and ending September 30, 1976,
established or administered by any such organization or agency unless he
and for the fiscal years ending September 30, 1977, and 1978,".
determines that such project-
(c) Section 308(b) of the Act (42 U.S.C. is amended by striking
"(A) will provide employment only for eligible individuals, except
out "and" immediately after "1974," and by inserting immediately after
for necessary technical, administrative, and supervisory personnel,
"1975" the following: ", the fiscal year ending June 30, 1976, the period
but such personnel shall, to the fullest extent possible, be recruited from
beginning July 1, 1976, and ending September 30, 1976, and the fiscal
among eligible individuals;
years ending September 30, 1977, and 1978".
"(B) will provide employment for eligible individuals in the
(d) Section 431 of the Act (42 U.S.C. 3037) is amended by striking out
community in which such individuals reside, or in nearby com-
"and" immediately after "1974," and by inserting immediately after
munities;
"1975" the following: ", the fiscal year ending June 30, 1976, the period
"(C) will employ eligible individuals in services related to publicly
beginning July 1, 1976, and ending September 30, 1976, and the fiscal
owned and operated facilities and projects, or projects sponsored by
years ending September 30, 1977, and 1978".
organizations, other than political parties, exempt from taxation
(e) Section 505(a) of the Act (42 U.S.C. 3041d(a)) is amended by
under the provisions of section 501 of the Internal Revenue
striking out "and" immediately after "1974," and by inserting immediately
Code of 1954, except projects involving the construction, operation,
after "1975" the following: "the fiscal year ending June 30, 1976, the
or maintenance of any facility used or to be used as a place for
period beginning July 1, 1976, and ending September 30, 1976, and the
sectarian religious instruction or worship;
fiscal years ending September 30, 1977, and 1978".
"(D) will contribute to the general welfare of the community;
(f) Section 708 of the Act (42 U.S.C. 30.45g) is amended by striking out
"(E) will provide employment for eligible individuals whose
"and" immediately after "1976," and by inserting in lieu thereof "$62,-
opportunities for other suitable public or private paid employment
500,000 for the period beginning July 1, 1976, and ending September 30,
are poor;
1976,", and by striking out "June 30, 1977" and inserting in lieu thereof
"(F)(i) will result in an increase in employment opportunities
"September 30, 1977, and $275,000,000 for the fiscal year ending Septem-
over those opportunities which would otherwise be available, (ii)
ber 30, 1978".
will not result in the displacement of currently employed workers
(including partial displacement, such as a reduction in the hours of
H. Rept. 670 O 75 2
10
11
nonovertime work or wages or employment benefits), and (iii) will
fair market value to services and facilities contributed from non-Federal
not impair existing contracts or result in the substitution of Federal
sources.
funds for other funds in connection with work that would other-
"ADMINISTRATION
wise be performed;
"SEC. 903. (a) In order to effectively carry out the provisions of this
"(G) will not employ or continue to employ any eligible individual
title, the Secretary shall, through the Commissioner of the Administra-
to perform work the same or substantially the same as that performed
tion on Aging, consult with the State agency on aging designated
by any other person who is on layoff;
'(H) will utilize methods of recruitment and selection (including
section (a) (1) and the appropriate area agencies on aging estab-
lished under section 30.4 (2) with regard to-
listing of job vacancies with the employment agency operated by any
State or political subdivision thereof) which will assure that the
"(1) the localities in which community service projects of the type
maximum number of eligible individuals will have an opportunity to
authorized by this title are most needed;
"(2) consideration of the employment situations and the type of
participate in the project;
"(I) will include such training as may be necessary to make the
skills possessed by available local individuals who are eligible to
most effective use of the skills and talents of those individuals who
participate; and
are participating, and will provide for the payment of the reasonable
"(3) potential projects and the number and percentage of eligible
expenses of individuals being trained, including a reasonable
individuals in the local population.
"(b) If the Secretary determines that to do so would increase job
subsistence allowance;
"(J) will assure that safe and healthy conditions of work will be
opportunities available to individuals under this title, the Secretary is
provided, and will assure that persons employed in community
authorized to coordinate the program assisted under this title with pro-
service jobs assisted under this title shall be paid wages which shall
grams authorized under the Emergency Jobs and Unemployment Assistance
not be lower than whichever is the highest of (i) the minimum wage
Act of 1974, the Comprehensive Employment and Training Act of 1973,
which would be applicable to the employee under the Fair Labor
the Community Services Act of 1974, and the Emergency Employment
Standards Act of 1938, if section 6(a) (1) of such Act applied to
Act of 1971. Appropriations under this Act may not be used to carry out
the participant and if he were not exempt under section 13 thereof,
any program under the Emergency Jobs and Unemployment Assistance
(ii) the State or local minimum wage for the most nearly comparable
Act of 1974, the Comprehensive Employment and Training Act of 1973, the
covered employment, or (iii) the prevailing rates of pay for persons
Community Services Act of 1974, or the Emergency Employment Act of
1971.
employed in similar public occupations by the same employer;
"(K) will be established or administered with the advice of persons
"(c) In carrying out the provisions of this title, the Secretary is
competent in the field of service in which employment is being pro-
authorized to use, with their consent, the services, equipment, personnel,
vided, and of persons who are knowledgeable with regard to the needs
and facilities of Federal and other agencies with or without reimburse-
ment, and on a similar basis to cooperate with other public and private
of older persons;
"(L) will authorize pay for necessary transportation costs of eligible
agencies and instrumentalities in the use of services, equipment, and
facilities.
individuals which may be incurred in employment in any project
funded under this title, in accordance with regulations promulgated
"(d) Payments under this title may be made in advance or by way of
reimbursement and in such installments as the Secretary may determine.
by the Secretary;
"(M) will assure that, to the extent feasible, such project will
"(e) The Secretary shall not delegate any function of the Secretary
serve the needs of minority, Indian, and limited English-speaking
under this title to any other department or agency of the Federal Govern-
ment.
eligible individuals in proportion to their numbers in the State; and
"PARTICIPANTS NOT FEDERAL EMPLOYEES
(N) will authorize funds to be used, to the extent feasible, to
include individuals participating in such project under any State
"SEC. 904. (a) Eligible individuals who are employed in any project
unemployment insurance plan.
funded under this title shall not be considered to be Federal employees as
"(2) The Secretary is authorized to establish, issue, and amend such
a result of such employment and shall not be subject to the provisions of
regulations as may be necessary to effectively carry out the provisions of
part Ill of title 5, United States Code.
"(b) No contract shall be entered into under this title with a contractor
this tiile.
"(c)(1) The ,Secretary is authorized to pay not to exceed 90 per centum
who is, or whose employees are, under State law, exempted from operation
of the cost of any project which is the subject of an agreement entered into
of the State workmen's compensation law, generally applicable to em-
under subsection (b), except that the Secretary is authorized to pay all of
ployees, unless the contractor shall undertake to provide either through in-
the costs of any such project which is (A) an emergency or disaster project,
surance by a recognized carrier, or by self-insurance, as authorized by
or (B) a project located in an economically depressed area, as determined
State law, that the persons employed under the contract, shall enjoy
by the ,Secretary in consultation with the ,Secretary of Commerce and the
workmen's compensation coverage equal to that provided by law for
Director of the Community Services Administration.
covered employment.
"(2) The non-Federal share shall be in cash or in kind. In determining
the amount of the non-Federal share, the Secretary is authorized to attribute
12
13
"INTERAGENCY COOPERATION
allotment percentage for the District of Columbia, Puerto Rico, Guam,
the Virgin Islands, American Samoa, and the Trust Territory of the
"SEC. 905. (a) The Secretary shall consult with, and obtain the written
views of, the Commissioner of the Administration on Aging prior to the
Pacific Islands shall be 75 per centum;
establishment of rules or the establishment of general policy in the adminis-
(B) the number of persons aged fifty-five or over in any State
and in all States, and the per capita income in any State and in all
tration of this title.
"(b) The Secretary shall consult and cooperate with the Director of the
States, shall be determined by the Secretary on the basis of the
Community Services Administration, the Secretary of Health, Education,
most satisfactory data available to him; and
and Welfare, and the heads of other Federal agencies carrying out related
"(C) for the purpose of determining the allotment percentage, the
programs, in order to achieve optimal coordination with such other pro-
term 'United States' means the fifty States and the District of Colum-
bia.
grams. In carrying out the provisions of this section, the Secretary shall
promote programs or projects of a similar nature. Each Federal agency
"(b) The amount allotted for projects within any State under subsection
shall cooperate with the Secretary in disseminating information relating to
(a) for any fiscal year which the Secretary determines will not be required
the availability of assistance under this title and in promoting the identi-
for such year shall be reallotted, from time to time and on such dates
fication and interests of individuals eligible for employment in projects
during such year as the Secretary may fix, to projects within other States
in proportion to the original allotments to projects within such States
assisted under this title.
under subsection (a) for such year, but with such proportionate amount
"EQUITABLE DISTRIBUTION OF ASSISTANCE
for any of such other States being reduced to the extent it exceeds the sum
the Secretary estimates that projects within such State need and will be
"Sec. 906. (a) (1) From sums appropriated under this title for each
able to use for such year; and the total of such reductions shall be similarly
fiscal year, the Secretary shall first reserve_ such sums as may be necessary
reallotted among the States whose proportionate amounts were not so
for national grants or contracts with public agencies and public or private
reduced. Any amount reallotted to a State under this subsection during
nonprofit organizations to maintain the level of activities carried on under
a year shall be deemed part of its allotment under subsection (a) for such
such grants or contracts at least at the level of such activities supported
year.
under this title and under any other provision of Federal law relating to
"(c) The amount apportioned for projects within each State under
community service employment programs for older Americans in the fiscal
subsection (a) shall be apportioned among areas within each such State
year ending June 30, 1975. Preference in awarding such grants or con-
in an equitable manner, taking into consideration (1) the proportion
tracts shall be given to national organizations of proven ability in providing
which eligible individuals in each such area bears to the total number of
employment services to older persons under this program and similar
such individuals, respectively, in that State, and (2) the relative distribu-
programs. The Secretary, in awarding grants and contracts under this
tion of such individuals residing in rural and urban areas within the
section, shall, to the extent feasible, assure an equitable distribution of
State.
activities under such grants and contracts, in the aggregate, among the
"DEFINITIONS
States, taking into account the needs of underserved States.
"SEC. 907. As used in this title-
(2) The Secretary shall allot for projects within each State the re-
mainder of the sums appropriated for any fiscal year under section 908
"(1) the term 'State' means any of the several States of the United
so that each State will receive an amount which bears the same ratio to
States, the District of Columbia, Puerto Rico, the Virgin Islands,
such remainder as the product of the number of persons aged fifty-five or
American Samoa, Guam, and the Trust Territory of the Pacific
over in the State and the allotment percentage of such State bears to the
Islands;
sum of the corresponding product for all States, except that (A) no State
"(2) the term 'eligible individual' means an individual who is
shall be allotted less than one-half of 1 per centum of the remander of
fifty-five years old or over, who has a low income, and who has or
the sums appropriated for the fiscal year for which the determination
would have difficulty in securing employment, except that, pursuant
is made, or $100,000, whichever is greater, and (B) Guam, American
to regulations prescribed by the Secretary, any such individual who
Samoa, the Virgin Islands, and the Trust Territory of the Pacific
is sixty years old or over shall have priority for the work oppor-
Islands shall each be allotted an amount which is not less than one-
tunities provided for under this title;
fourth of 1 per centum of the remainder of the sums appropriated for
(3) the term community service' means social, health, welfare,
and educational services, legal and other counseling services and
the fiscal year for which the determination is made, or $50,000, which-
assistance, including tax counseting and assistance and financial
ever is greater. For the purpose of the exception contained in this para-
graph the term 'State' does not include Guam, American Samoa, the
counseling, and library, recreational, and other similar services;
conservation, maintenance, or restoration of natural resources;
Virgin Islands, and the Trust Territory of the Pacific Islands.
community betterment or beautification; antipollution and envi-
"(3) For the purpose of this subsection-
ronmental quality efforts; economic development; and such other
"(A) the allotment percentage of each State shall be 100 per centum
services essential and necessary to the community as the Secretary,
less that percentage which bears the same ratio to 50 per centum as
the per capita income of such State bears to the per capita income of the
by regulation, may prescribe; and
United States, except that (i) the allotment percentage shall in no case
"(4) the term 'program' means the older American community
be more than 75 per centum or less than 33½ per centum, and (ii) the
service employment program established under this title.
14
15
"AUTHORIZATION OF APPROPRIATIONS
(o) Section 706(a)(5) of the Act (42 U.S.C. 3045e(a)(5)) is amended
"SEC. 908. There are authorized to be appropriated to carry out this title
by inserting a comma immediately after "requirements" the second place
$100,000,000 for the fiscal year ending June 30, 1976, $37,500,000 for the
it appears therein.
period beginning July 1, 1976, and ending September 30, 1976, $150,-
(p) Section 706(a)(8) of the Act (42 U.S.C. 3045e(a)(8)) is amended
000,000 for the fiscal year ending September 30, 1977, and $200,000,000
by inserting a comma immediately after "program" the second place it
for the fiscal year ending September 30, 1978.".
appears therein.
(b) Title IX of the Older Americans Comprehensive Services Amend-
ments of 1973 (42 U.S.C. 3061 et seq.) is hereby repealed.
TITLE II-AMENDMENTS TO OTHER LAWS
(c) Notwithstanding any other provision of law, sums appropriated to
HIGHER EDUCATION ACT OF 1965
carry out title IX of the Older Americans Comprehensive Services Amend-
ments of 1973 for the fiscal year ending June 30, 1975, may be used for
SEC. 201. Section 110(b) of the Higher Education Act of 1965 (20
older American community service employment projects conducted as part
U.S.C. 1008a(b)) is amended by striking out "July 1, 1977" and
of the Operation Mainstream program under title III of the Compre-
inserting in lieu thereof "October 1, 1978", by striking out "and" im-
hensive Employment and Training Act of 1973.
mediately ajter "1973," and inserting in lieu thereof "for", and by
inserting immediately before the period at the end thereof the following:
TECHNICAL AMENDMENTS
and for the period beginning July 1, 1976, and ending September
SEC. 114. (a) Section 102(1) of the Act (42 U.S.C. 3002(1)) is amended
30, 1976".
ADULT EDUCATION ACT
by striking out the semicolon at the end thereof and inserting in lieu thereof
a period.
SEC. 202. Section 310(b) of the Adult Education Act (20 U.S.C.
(b) The heading for section 202 of the Act (42 U.S.C. 3012) is amended
1208a(b)) is amended by striking out "July 1, 1975" and inserting in
by striking out "OFFICE" and inserting in lieu thereof "ADMINISTRATION".
lieu thereof "October 1, 1978", by striking out "and" immediately
(c) Section 202(a)(8) of the Act (42 U.S.C. 3022(a)(8)) is amended by
after "1973," and inserting in lieu thereof "for", and by inserting
striking out "and" at the end thereof.
immediately before the period at the end thereof the following: ", and
(d) Section 303(b)(1) of the Act (42 U.S.C. 3023(b)(1)) is amended by
for the period beginning July 1, 1976, and ending September 30, 1976".
striking out "authorized to be".
(e) The last sentence of section 305(e) of the Act (42 U.S.C. 3025(e)) is
OLDER AMERICANS COMPREHENSIVE SERVICES AMENDMENTS OF 1973
amended by striking out "Commissioners' " and inserting in lieu thereof
SEC. 203. Section 805 of the Older Americans Comprehensive Services
"Commissioner's".
(f) Section 432(b) of the Act (42 U.S.C. 3037a(b)) is amended by strik-
Amendments of 1973 (42 U.S.C. 2809 note) is amended-
ing out "part" and inserting in lieu thereof "title".
(1) by striking out "fiscal year" the second place it appears therein
(g) The last sentence of section 507(b) of the Act (42 U.S.C. 3041f(b)) is
and inserting in lieu thereof "five fiscal years and the period begin-
amended by striking out "or" the second place it appears therein and in-
ning July 1, 1976, and ending September 30, 1976"; and
serting in lieu thereof "of".
(2) by striking out "Economic Opportunity Act of 1964" and
(h) The heading for section 703 of the Act (42 U.S.C. 3045b) is amended
inserting in lieu thereof "Community Services Act of 1974".
by striking out 'ALLOTTMENT'' and inserting in lieu thereof 'ALLOTMENT".
VOCATIONAL EDUCATION ACT OF 1963
(i) The last sentence of section 703(c) of the Act (42 U.S.C. 3045b(c))
is amended by striking out "in kind" and inserting in lieu thereof "in-
SEC. 204. Section 161(d) of the Vocational Education Act of 1963 (20
kind".
U.S.C. 1341(d)) is amended by inserting "(1)" immediately before "At
(j) The last sentence of section 703(d) of the Act (42 U.S.C. 3045b(d))
least one-third" and by adding at the end thereof the following new
is amended by striking out "in kind" and inserting in lieu thereof
paragraph:
"in-kind". (k) Section 705(a)(2) of the Act (42 U.S.C. 3045d (a) is amended
"(2) From funds made available under this section, special consideration
shall be given to special consumer and homemaking programs for persons
by striking out "sets" and inserting in lieu thereof "set".
aged sixty or older who are in need of services provided by such programs,
(l) Section 705(a) (2) (B) of the Act (42 U.S.C. 3045d(a) (B)) is
as determined by the Commissioner. Such programs shall be designed to
amended by striking out "cost, for the fiscal year ending June 30, 1973,"
assist such persons to live independently in their own homes and to alleviate
and all that follows through "1973, funds" and inserting in lieu thereof
the adverse effects of loneliness and isolation.".
"cost. Funds".
(m) Section 705(a)(5) of the Act (42 U.S.C. 3045d(a) is amended
DOMESTIC VOLUNTEER SERVICE ACT OF 1973
by striking out "areas" and inserting in lieu thereof "area".
(n) The last sentence of section 705(c) of the Act (42 U.S.C. 3045d(c))
SEC. 205. (a) (1) Section 502(a) of the Domestic Volunteer Service
is amended by inserting a comma immediately after "failure" the first
Act of 1973 (42 U.S.C. 5082(a)), hereinafter in this section referred
place it appears therein, and such sentence is further amended by striking
to as the "Act", is amended-
out "part" and inserting in lieu thereof "title".
(A) by striking out "and" immediately after "1974,"; and
16
17
(B) by inserting immediately after "respectively." the fol-
lowing: $6,000,000 for the period beginning July 1, 1976, and
(ii) to seek to coordinate such programs with programs carried out
ending September 30, 1976, and $22,000,000 for each of the fiscal
under title III and title VII of the Older Americans Act of 1965 in
years ending September 30, 1977, and September 30, 1978,".
any such State or other jurisdiction.
(2) Section (1) of the Act (42 U.S.C. 5082 (1)) is
(3) For purposes of this subsection-
(A) the term "ACTION Agency" means the ACTION Agency
amended-
established by section 401 of the Act (42 U.S.C. 5041);
(A) by striking out "and" immediately after "1974," each place
(B) the term "primary responsibility" means the devotion of more
it appears therein;
(B) by inserting immediately after "respectively," the first
than one-half of regular working hours to the performance of duties
place it appears therein the following $10,750,000 for the period
described in paragraph (2) (B); and
(C) the term "State" means the several States, the District of
beginning July 1, 1976, and ending September 30, 1976, and
$43,000,000 for each of the fiscal years ending September 30, 1977,
Columbia, the Virgin Islands, Puerto Rico, Guam, American Samoa,
and the Trust Territory of the Pacific Islands.
and September 30, 1978,";
(C) by inserting immediately after "respectively," the second
AMENDMENT TO RESEARCH ON AGING ACT OF 1974
place it appears therein the following: $8,750,000 for the period
beginning July 1, 1976, and ending September 30, 1976, and $35,-
SEC. 206. Section 464 of the Public Health Service Act (42 U.S.C.
000,000 for each of the fiscal years ending September 30, 1977, and
289k-5) is amended by striking out "one year" and inserting in lieu
September 30, 1978,"; and
thereof "two years".
(D) by inserting immediately after "respectively," the third
place it appears therein the following: $2,000,000 for the period
TITLE III-PROHIBITION OF DISCRIMINATION BASED
beginning July 1, 1976. and ending September 30, 1976, and $8,-
ON AGE
000,000 for each of the fiscal years ending September 30, 1977, and
SHORT TITLE
September 30, 1978,".
(b) (1) The first sentence of section of the Act (42 U.S.C.
Sec. 301. The provisions of this title may be cited as the "Age Dis-
5011 is amended-
crimination Act of 1975".
(A) by striking out "volunteers" the first and third places it
appears therein and inserting in lieu thereof "individuals"; and
STATEMENT OF PURPOSE
(B) by striking out "serve as volunteers to".
(2) ,Section 211(b) of the Act (42 U.S.C. 5011 is amended by
Sec. 302. It is the purpose of this title to prohibit unreasonable dis-
striking out "volunteers" and inserting in lieu thereof "individuals".
crimination on the basis of age in programs or activities receiving
(3) Section 212(a) (1) of the Act (42 U.S.C. 5012(a) (1)) is
Federal financial assistance, including programs or activities receiv-
amended by striking out "volunteers" and inserting in lieu thereof
ing funds under the State and Local Fiscal Assistance Act of 1972 (31
"individuals".
U.S.C. 1221 et seq.).
(c)(1) In order to provide maximum coordination between programs
PROHIBITION OF DISCRIMINATION
carried out under title III and title VII of the Older Americans Act of
1965 (42 U.S.C. 3021 et sea.; 42 U.S.C. 30.45 et seq.) and national older
SEC. 303. Pursuant to regulations prescribed under section 304, and
American volunteer programs carried out under title II of the Domestic
except as provided by section 304(b) and section 304(c), no person
Volunteer Service Act of 1973 (42 U.S.C. 5001 et sea.), and in order to
in the United States shall, on the basis of age, be excluded from
enhance the effectiveness of the support provided to such national older
participation in, be denied the benefits of, or be subjected to dis-
American volunteer programs by the ACTION Agency, the Director of
crimination under, any program or activity receiving Federal finan-
the ACTION Agency shall designate an aging resource specialist with
cial assistance.
respect to programs carried out in each State under title II of the
REGULATIONS
Domestic olunteer Service Act of 1973.
(2) (A) Each aging resource specialist designated under paragraph
SEC. 304. (a) (1) Not later than one year after the transmission of
(1) shall be qualified to serve in such capacity by appropriate experi-
the report required by section 307 (b), or two and one-half years after
the date of the enactment of this Act, whichever occurs first, the Sec-
ence and training, and shall be stationed in a State office of the
retary of Health, Education, and Welfare shall publish in the Federal
ACTION Agency.
(B) The primary responsibility of each aging resource specialist
Register proposed general regulations to carry out the provisions of
section 303.
shall be-
(2) (A) The Secretary shall not publish such proposed general reg-
(i) to support programs carried out under title II of the Domestic
ulations until the expiration of a period comprised of-
Volunteer Service Act of 1973 in any State or other jurisdiction
(i) the forty-five day period specified in section 307 (e) ; and
served by the State office involved; and
(ii) an additional forty-five day period, immediately following
the period described in clause (i), during which any committee
H. Rept. 670 75 3
19
18
ENFORCEMENT
of the Congress having jurisdiction over the subject matter in-
volved may conduct hearings with respect to the report which the
Sec. 305. (a) The head of any Federal department or agency who
Commission is required to transmit under section 307 (d), and
prescribes regulations under section 304 may seek to achieve compli-
with respect to the comments and recommendations submitted by
ance with any such regulation-
Federal departments and agencies under section 307 (e).
(1) by terminating, or refusing to grant or to continue, assist-
(B) The forty-five day period specified in subparagraph (A) (ii)
ance under the program or activity involved to any recipient
shall include only days during which both Houses of the Congress are
with respect to whom there has been an express finding on the
in session.
record, after reasonable notice and opportunity for hearing, of
(3) Not later than ninety days after the Secretary publishes pro-
a failure to comply with any such regulation; or
posed regulations under paragraph (1), the Secretary shall publish
(2) by any other means authorized by law.
in the Federal Register final general regulations to carry out the pro-
(b) Any termination of, or refusal to grant or to continue, assistance
visions of section 303, after taking into consideration any comments
under subsection (a) (1) shall be limited to the particular political
received by the Secretary with respect to the regulations proposed
entity or other recipient with respect to which a finding has been
under paragraph (1).
made under subsection (a) (1). Any such termination of refusal shall
(4) Not later than ninety days after the Secretary publishes final
be limited in its effect to the particular program or activity, or part
general regulations under paragraph (a) (3), the head of each Fed-
of such program or activity, with respect to which such finding has
eral department or agency which extends Federal financial assistance
been made. No such termination or refusal shall be based in whole or
to any program or activity by way of grant, entitlement, loan, or con-
in part on any finding with respect to any program or activity which
tract other than a contract of insurance or quaranty, shall transmit
does not receive Federal financial assistance.
to the Secretary and public in the Federal Register proposed regula-
(c) No action may be taken under subsection (a) until the head of
tions to carry out the provisions of section 303 and to provide appro-
the Federal department or agency involved has advised the appro-
priate investigative, conciliation. and enforcement procedures. Such
priate person of the failure to comply with the regulation involved
regulations shall be consistent with the final general regulations issued
and has determined that compliance cannot be secured by voluntary
by the Secretary.
means.
(5) Notwithstanding any other provision of this section, no regu-
(d) In the case of any action taken under subsection (a), the head
lations issved pursuant to this section shall be effective before Jan-
of the Federal department or agency involved shall transmit a written
uary 1. 1979.
report of the circumstances and grounds of such action to the com-
(b) (1) It shall not be a violation of any provision of this title, or
mittees of the House of Representatives and the ,Senate having legisla-
of any regulation issued under this title, for any person to take any
tive jurisdiction over the program or activity involved. No such ac-
action otherwise prohibited by the provisions of section 303 if, in the
tion shall take effect until thirty days after the transmission of any
program or activity involved-
such report.
(A) such action reasonably takes into account age as a factor
(e) The provisions of this section shall be the exclusive remedy for
necessary to the normal operation or the achievement of any
enforcement of the provisions of this title.
statutory objective of such program or activity; or
(B) the differentiation made by such action is based upon rea-
JUDICIAL REVIEW
sonable factors other than age.
SEC. 306. (a) Any action by any Federal department or agency
(2) The provisions of this title shall not apply to any program or
under section 305 shall be subject to such judicial review as may other-
activity established under authority of any law which (A) provides
wise be provided by law for similar action taken by any such depart-
any benefits or assistance to persons based upon the age of such per-
ment or agency on other grounds.
sons; or (B) establishes criteria for participation in age-related terms
(b) In the case of any action by any Federal department or agency
or describes intended beneficiaries or target groups in such terms.
under section 305 which is not otherwise subject to judicial review,
(c) (1) Except with respect to any program or activity receiving
any person aggrieved (including any State or political subdivision
Federal financial assistance for public service employment under the
Comprehensive Employment and Training Act of 197.4 (?9 U.S.C.
thereof and any agency of either) may obtain judicial review of such
action in accordance with the provisions of chapter my of title 5, United
801, et seq.), as amended, nothing in this title shall be construed to
States Code. For purposes of this subsection, any such action shall not
authorize action under this title by any Federal department or agency
be considered committed to unreviewable agency discretion within
with respect to anni emploument practice of any employer. employ-
the meaning of section 701 (a) (2) of such title.
ment agency, or labor organization, or with respect to any labor-
management joint apprenticeship training program.
STUDY OF DISCRIMINATION BASED ON AGE
(2) Nothing in this title shall be construed to amend or modifu the
Age Discrimination in Employment Act of 1967 (29 U.S.C. 621-634),
SEC. 307. (a) The Commission on Civil Rights shall (1) undertake
as amended, or to affect the rights or responsibilities of any person or
a study of unreasonable discrimination based on age in programs and
party pursuant to such Act.
activities receiving Federal financial assistance; and (2) identify with
20
21
particularity any such federally assisted program or activity in which
And the Senate agree to the same.
there is found evidence of persons who are otherwise qualified being,
on the basis of age, excluded from participation in, denied the benefits
CARL D. PERKINS,
of, or subjected to discrimination under such program or activity.
JOHN BRADEMAS,
(b) As part of the study required by this section, the Commission
PATSY T. MINK,
shall conduct public hearings to elicit the views of interested parties,
LLOYD MEEDS,
SHIRLEY CHISHOLM,
including Federal departments and agencies, on issues relating to age
WILLIAM LEHMAN,
discrimination in programs and activities receiving Federal financial
ROBERT J. CORNELL,
assistance, and particularly with respect to the reasonableness of dis-
EDWARD P. BEARD,
tinguishing, on the basis of age, among potential participants in, or
LEO C. ZEFERETTI,
beneficiaries of, specific Federally-assisted programs.
GEORGE MILLER,
(c) The Commission is authorized to obtain, through grant or con-
TIM L. HALL,
tract, analyses, research and studies by independent experts of issues
ALBERT H. QUIE,
relating to age discrimination and to publish the results thereof. For
ALPHONZO BELL,
purposes of the study required by this section, the Commission may
PETER A. PEYSER,
accept and utilize the services of voluntary or uncompensated per-
JAMES M. JEFFORDS,
sonnel, without regard to the provisions of section 105(b) of the Civil
LARRY PRESSLER,
Rights Act of 1957 (42 U.S.C. 1975d
Managers on the Part of the House.
(d) Not later than eighteen months after the date of the enactment
THOMAS F. EAGLETON,
of this Act, the Commission shall transmit a report of its findings and
ALAN CRANSTON,
its recommendations for statutory changes (if any) and administra-
EDWARD M. KENNEDY,
tive action, including suggested general regulations, to the Congress
JENNINGS RANDOLPH,
and to the President and shall provide a copy of its report to the head
HARRISON A. WILLIAMS,
of each Federal department and agencu with respect to which the
CLAIBORNE PELL,
Commission makes findings or recommendations.
GAYLORD NELSON,
(e) Not later than forty-five working days after receiving a copy
J. GLENN BEALL, Jr.,
of the report required by subsection (d), each Federal department or
RICHARD Schweiker,
agency with respect to which the Commission makes findings or rec-
BoB TAFT, Jr.,
ommendations shall submit its comments and recommendations re-
ROBERT T. STAFFORD,
garding such report to the President and to the Committee on Labor
Managers on the Part of the Senate.
and Public Welfare of the ,Senate and the Committee on Education
and Labor of the 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
by subsection (a), and shall provide to the Commission such data,
reports, and documents in connection with the subject matter of such
study as the Commission may request.
(g) There are authorized to be appropriated such sums as may
be necessary to carry out the provisions of this section.
DEFINITIONS
Sec. 308. For purposes of this title-
(1) the term "Commission" means the Commission on Civil
Rights;
(2) the term "Secretary" means the Secretary of Health, Edu-
cation, and Welfare. and
(3) the term "Federal department or agency" means any agency
as defined in section 551 of title 5, United States Code, and includes
the United States Postal Service and the Postal Rate Commission.
JOINT EXPLANATORY STATEMENT OF THE
COMMITTEE OF CONFERENCE
The managers on the part of the House and the Senate at the con-
ference on the disagreeing votes of the two Houses on the amendment
of the Senate to the 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 con-
tained in such Act, to prohibit discrimination on the basis of age, and
for other purposes, submit the following joint statement to the House
and the Senate in explanation of the effect of the action agreed upon
by the managers and recommended in the accompanying conference
report:
The Senate amendment struck out all of the House bill after the
enacting clause and inserted a substitute text.
The House recedes from its disagreement to the amendment of the
Senate with an amendment which is a substitute for the House bill
and the Senate amendment. The differences between the House bill,
the Senate amendment, and the substitute agreed to in conference are
noted below, except for clerical corrections, conforming changes made
necessary by agreements reached by the conferees, and minor drafting
and clarifying changes.
SHORT TITLE
The House bill, the Senate amendment, and the conference sub-
stitute provide that this legislation may be cited as the "Older Ameri-
cans Amendments of 1975".
AMENDMENTS TO OLDER AMERICANS ACT OF 1965
SPECIAL PROGRAMS FOR THE ELDERLY
House bill
Section 101 (a) of the House bill amended the Older Americans Act
of 1965 (hereinafter in this statement referred to as the "Act") by
adding a new title VIII, relating to special service programs for the
elderly. Part A of title VIII contains definitions and certain other
administrative provisions. Section 801, relating to statement of pur-
pose, provides that it is the purpose of title VIII to stimulate actions
and provide assistance to meet the critical needs of elderly persons
to enable such persons to lead meaningful and independent lives.
Section 802, relating to definitions, defines the following terms:
(1) The term "elderly person" is defined to mean any person who,
as determined by the Commissioner on Aging (hereinafter in this
statement referred to as the "Commissioner"), is in need of any serv-
ice provided under title VIII. The Commissioner, in making such
determination, shall give preference to persons aged 60 or older.
(23)
24
25
(2) The term "State agency" means a State agency designated under
persons with homemaker services, home health services, shopping
section (1) of the Act which administers any State plan ap-
services, escort services, reader services, letter writing services, and
proved under section 305 of the act.
other services designed to assist such persons in leading independent
Section 803, relating to administration, provides that the Commis-
sioner shall administer the provisions of title VIII, other than
and meaningful lives.
Section 812, relating to program requirements, provides that funds
provisions relating to mortgage interest reduction and insurance pay-
allotted to any State under section 303 (b) (2) of the Act may be dis-
ments, through the Administration on Aging. Section 803 (b) provides,
bursed by such State to establish programs to provide elderly persons
that the Commissioner shall seek assistance and cooperation from
with the services described in section 811. Such section also contains
various Federal agencies in carrying out the provisions of title VIII.
definitions of the term "homemaker services" and the term "home
Section 803 (c) provides that the Commissioner may use the services
health services".
and facilities of Federal agencies and other agencies with or without
Part C of title VIII establishes a counseling assistance program.
reimbursement, and may cooperate with other public and private
Section 821, relating to statement of purpose, provides that the pur-
agencies in the use of services and facilities.
pose of part C is to assist States in providing elderly persons with
Section 803 (d) provides that the Commissioner may provide con-
necessary or appropriate legal and other counseling services and assist-
sultative services and assistance to public agencies and private or-
ance, including assistance to elderly persons living in nursing homes,
ganizations, may provide training and technical instruction, and may
through the establishment of programs designed to train lawyers and
prepare and distribute educational or informational materials.
to direct the attention of the legal profession to the problems of elderly
Section 804, relating to payment of grants, provides that the Com-
persons.
missioner may make payments under title VIII in installments, and
Section 822, relating to program requirements, provides that funds
in advance or by way of reimbursement.
allotted to any State under section (b) (2) of the Act may be
Section 805, relating to general program requirements, provides
disbursed by the State for the establishment of programs for elderly
that any agency or organization receiving funds under title VIII shall
persons to provide the services and assistance described in section 821.
agree (1) to use methods of administration which achieve maximum
Part D of title VIII establishes a program for residential repairs
participation of elderly persons in the programs involved; (2) to
and renovations for elderly persons. Section 831, relating to statement
provide for proper training of personnel; (3) to seek the advice of per-
of purpose, provides that the purpose of part D is to assist States to
sons with suitable training or experience in establishing and admin-
meet the special housing needs of elderly persons by ensuring adequate
istering programs under title VIII; (4) to provide suitable evaluation
housing for such persons to enable such persons to lead independent
opportunities with respect to such programs: (5) to give preference
and meaningful lives.
to persons aged 60 or older for staff positions with respect to such
Section 832, relating to program requirements, provides that funds
programs; and (6) to comply with other standards prescribed by the
allotted to any State under section (b) (2) of the Act may be dis-
Commissioner.
bursed to establish programs (1) to enable elderly persons to make
Section 806(b) provides that the Commissioner and the Comptroller
necessary repairs and renovations with respect to their homes; and
General of the United States shall have access to books and records
(2) to adapt existing housing, or construct new housing, to meet the
relating to grants or contracts received under title VIII, for the pur-
needs of elderly persons suffering from physical disabilities.
pose of audit and examination.
Part E of title VIII establishes programs to meet the transporta-
Section 806, relating to application of other Federal laws, applies
tion needs of elderly persons. Section 841, relating to statement of
the provisions of the Davis-Bacon Act (40 U.S.C. 276a et seq.) to cer-
purpose, provides that the purpose of part E is to assist States in
tain programs established under title VIII.
establishing programs to meet the transportation needs of elderly
Section 807, relating to expenditure of allotments, provides that any
persons so that such persons may participate in the benefits of their
State receiving allotments under section 303(b) (2) of the Act shall
surrounding community.
use at least 20 percent of such allotments to carry out programs under
Section 842, relating to program requirements, provides that funds
title VIII, other than programs established under part F of such
allotted to any State under section 303(b) (2) may be disbursed to
title. Such section also provides that the Commissioner may designate
establish programs to meet the transportation needs of elderly per-
a portion of the allotment of any State for use in establishing trans-
sons, with special emphasis on (1) supportive transportation in con-
portation programs for older persons in such State.
nection with nutrition projects under title VII of the Act; (2) sup-
Such section also provides that expenditures made by a State agency
portive transportation in connection with obtaining medical services;
or area agency under such section shall be in addition to. and not in
and (3) additional low-cost transportation to provide elderly persons
lieu of. any expenditures made to carry out programs under title III
with better access to existing urban rapid transit systems.
of the Act or under any other provision of law which are similar to
Section 842(b) provides that any agency or organization receiving
programs described in title VIII.
funds to establish a program under part E shall seek to use existing
Part B of title VIII establishes homemaker and other home serv-
transportation operations in connection with such programs.
ices for the elderly. Section 811, relating to statement of purpose, pro-
vides that the purpose of part B is to assist States in providing elderly
H. Rept. 670 O 75 4
26
27
Section 842(c) provides that State agencies, in making grants
tion 856 (b) provides that a mortgage meeting the requirements speci-
under part E, shall give priority to applicants proposing to serve
fied in subsection (d) (1) and subsection (d) (3) of section 221 of the
areas with no public transportation or with inadequate public
National Housing Act is eligible for insurance under section 856.
transportation.
Section 856 (c) and section 856 contain further requirements and
Part F of title VIII establishes a program of mortgage interest
criteria with respect to the insurance of mortgages under part F.
reduction and insurance payments to assist elderly persons. Section
Section 857, relating to agreements with States, provides that the
851, relating to statement of purpose, provides that the purpose of
Commissioner may enter into agreements with any State under which
part F is to encourage the conversion and renovation of housing for
such State will make interest reduction payments subject to the provi-
elderly persons and the reduction of rentals paid by elderly persons.
sions of part F, with respect to any project covered by a mortgage in-
Such purpose is to be achieved by establishing a program of mort-
sured under such part. Such section specifies certain requirements and
gage interest reduction payments and mortgage insurance for the
criteria with respect to agreements entered into by the Commissioner
benefit of elderly persons.
and any State under such section.
Section 852, relating to definitions, defines the following terms for
Section 858, relating to regulations, agreements, and procedures,
purposes of part F: (1) sponsor; (2) convertible housing; (3) sup-
provides that the Commissioner may prescribe such regulations, enter
portive services; (4) mortgage insurance premium; (5) mortgage;
into such agreements, and prescribe such procedures, as may be neces-
(6) first mortgage; (7) mortgagee; and (8) mortgagor.
sary to carry out part F.
Section 853, relating to administration, requires the Commissioner to
Section 859, relating to authorization of appropriations, authorizes
administer part F through the Administration on Aging and in con-
the appropriation of such sums as may be necessary to carry out part
sultation with the Secretary of Housing and Urban Development.
F. Such section also establishes limitations with respect to the amount
Section 854, relating to interest reduction payments, provides that
of appropriated funds which may be used to assist elderly persons
the Commissioner may make periodic interest reduction payments on
having incomes above income levels described in such section.
behalf of the sponsor of a housing project in order to assist such spon-
Senate amendment
sor in purchasing convertible housing, converting such housing
Section 109 of the Senate amendment amended section 309 of the
through dwelling units suitable for occupancy by elderly persons, re-
Act. Section 309 authorizes the following appropriations to be
ducing rentals for low- and moderate-income elderly persons, and
allotted under section 303 of the Act: (1) $50,000,000 for the fiscal
renovating convertible housing and other existing housing.
year ending June 30, 1976; (2) $12,500,000 for the period beginning
Section 854 (b) provides that such interest reduction payments may
July 1, 1976, and ending September 30, 1976; and (3) $50,000,000 for
be made only during such time as the housing project involved is
the fiscal year ending September 30, 1977.
operated as a rental project and is subject to a mortgage meeting the
Such subsection also provides that the Commissioner may make
requirements of section 856 of the Act, as added by the House bill.
grants to each State which has a State plan approved under section
Such subsection also provides that such interest reduction payments
305 in order to pay not more than 90 percent of the costs of the follow-
shall be in an amount not exceeding the difference between the monthly
ing: (A) projects to meet the special transportation needs of elderly
payment for principal, interest, and mortgage insurance premiums
persons, with emphasis on providing supportive transportation in
which the sponsor involved is obligated to pay under the mortgage
connection with nutrition projects under title VII of the Act, and on
involved, and the monthly payment for principal and interest such
providing transportation in connection with obtaining medical serv-
sponsor would be obligated to pay if the mortgage were to bear inter-
ices; (B) projects to meet the needs of elderly persons for home serv-
est at the rate of 1 percent per year.
ices, including homemaker services, home health services, shopping
Section 855, relating to condition for receipt of payments, provides
services, escort services, reader services, letter writing services, and
that, as a condition for receiving interest reduction payments, a
other services designed to assist elderly persons to live independently
sponsor (1) must demonstrate that it is providing a fully comprehen-
in a home environment; and (C) projects to establish or support legal,
sive system of supportive services for elderly persons; and (2) must
tax, and financial counseling and services programs for elderly
operate the project involved in accordance with certain requirements
persons.
prescribed by the Commissioner.
Section 309 (b) of the Act provides that the State allotment under
Section 855(b) provides that there shall be established for each
section 309 shall be available for grants to area agencies or, in any case
dwelling unit (1) a basic rental charge based on operating the project
in which there is no area agency, to other qualified agencies or orga-
with payments of principal and interest under the mortgage bearing
nizations. State agencies are required to give preference to applicants
interest at the rate of 1 percent per year; and (2) a fair market rental
proposing to serve areas in which there is an inadequate supply of
charge based on criteria established by such subsection.
services provided under section 309.
Section 855 contains provisions requiring sponsors to pay to the
Section 309 also requires the Commissioner to prescribe regulations
Commissioner rental charges collected in excess of the basic rental
and to request technical assistance and cooperation from the Secretary
charge.
of Transportation and the heads of other Federal agencies.
Section 856, relating to insurance, provides that the Commissioner
may insure a mortgage which meets the requirements of part F. Sec-
28
29
Conference substitute
Thirty-one of the States are already spending more than 331/3 percent
The conference substitute amends section 305 (a) of the Act to estab-
of their State plan allotment to provide the four priority services and
lish a new State plan requirement under which States are required
thus presumably will not be affected by the conference substitute
to provide assurances that they will commit at least 50 percent of the
language. Many of the States that are spending heavily in these four
amount by which their title III State plan allotment exceeds the
areas are concentrating their resources primarily on transportation for
amount allotted for such purposes in fiscal year 1975 to provide the
the elderly. While the conferees are in agreement that transportation
four categories of services specified in the House bill-transportation,
is a vitally important service to older people, it is hoped that all States
home care, legal services, and residential renovation and repair-but
will also expand their activities to cover the other three priority serv-
in no case shall any State commit less than 20 percent of its title III
ices, as well, to the extent that funds permit.
State plan funds for the purpose of providing these four categories of
services in any fiscal year beginning after September 30, 1976. States
COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS
which assure the Commissioner that they will use at least 331/3 percent
of their State plan allotment to provide some or all of the four above-
A. SHORT TITLE
mentioned services are exempt from the first two requirements.
In arriving at this compromise, the conferees sought to retain the
Section 102(a) of the House bill, and section 115(a) of the Senate
large area of local discretion in determining what services are to be
amendment, amended the Act by adding a new title IX, relating to
provided that is currently contained in the Act, while at the same time
community service employment for older Americans. Section 901 of
establishing priorities with respect to the provision of four services
the Act, as added by the House bill, the Senate amendment, and the
that the Congress has determined are important in assisting older
conference substitute, provides that title IX may be cited as the "Older
persons in leading independent lives and avoiding unnecessary in-
American Community Service Employment Act".
stitutionalization. States which make a substantial effort in these areas
by using 331/3 percent or more of their funds for this purpose are ex-
B. OLDER AMERICAN COMMUNITY SERVICE EMPLOYMENT PROGRAM
empt from any of the new requirements with respect to the alloca-
tion of their State plan funds. States which are making relatively
House bill
little effort are required to use at least 20 percent of their funds for
Section 902 of the Act, as added by the House bill, authorizes
these purposes, beginning in fiscal year 1977. Since the new fiscal year
the Secretary of Labor to establish an older American community
has already begun, the conferees determined that this requirement of
service employment program to promote part-time work opportunities
minimum funding for national priority areas should not take effect
for unemployed low-income persons aged 55 or older.
until the next fiscal year so as to allow the States involved some time
Section 902(b) (1) authorizes the Secretary to enter into agreements
to prepare for the new requirement. Both the low effort States, the
with public and private agencies and organizations, and with Indian
20 percent States, and all other States which are spending less than
tribes on Federal or State reservations, to carry out the purposes of
331/3 percent of their title III funds for these purposes must use at
title IX.
least half of their "new" money (the amount of their title III State
The Secretary may not make payments to any project unless the
plan allotment that exceeds the similar allotment in fiscal year 1975)
Secretary determines that such project (1) will provide employment
for the provision of such services.
only for eligible individuals (except for necessary technical, admin-
The conferees wish to stress that requiring that the funds allotted
istrative, and supervisory personnel) (2) will provide employment
to a State be used for these purposes does not mean that State and
for eligible individuals in communities in which they reside, or in
area agencies on aging must provide them directly. Their funds may
nearby communities; (3) will employ eligible individuals in services re-
continue to be used for stimulating and coordinating the provision of
lated to publicly owned and operated facilities and projects, or projects
services SO long as the required amounts are used in the four service
sponsored by tax-exempt organizations (other than political parties),
areas described above. Moreover, area agencies are required by an
except projects relating to facilities for religious instruction or wor-
amendment to section (2) of the Act to develop their area plans
ship; (4) will contribute to the general welfare of the community;
consistent with the provision of the State plan regarding the four
(5) will provide employment for eligible individuals whose oppor-
national priority service areas.
tunities for other suitable public or private paid employment are poor;
Finally, the conferees note that the conference substitute is based in
(6) will increase employment opportunities for eligible individuals,
part upon a survey taken by the Congressional Research Service at the
and will not displace employed workers or impair existing contracts;
direction of the House Committee on Education and Labor. The sur-
(7) will use methods of recruitment and selection which assure maxi-
vey inquired of State agencies on aging as to how their funds are being
mum participation of eligible individuals; (8) will provide necessary
used. With 49 of 56 States and jurisdictions responding, it was found
training and pay reasonable expenses of individuals being trained; (9)
that 10 States are currently spending less than 20 percent of their
will provide safe and healthy work conditions, and will pay wages
funds in the four priority areas designated in the House bill. Eight
which are not lower than the highest of (A) the minimum wage which
States are spending more than 20 percent but less than 331/3 percent.
would be applicable to the employee involved under the Fair Labor
30
31
Standards Act of 1938, (B) the State or local minimum wage for com-
Section 903 (b) permits the Secretary to coordinate title IX pro-
parable work, or (C) prevailing rates of pay for employees doing
grams with programs authorized under (1) the Emergency Jobs and
comparable work for the same employer; (10) will be established or
Unemployment Assistance Act of 1974; (2) the Comprehensive Em-
administered with the advice of persons competent in the field of serv-
ployment and Training Act of 1973; (3) the Community Services Act
ice involved; (11) will authorize pay for necessary transportation costs
of 1974; and (4) the Emergency Employment Act of 1971. Appropri-
of eligible individuals; (12) will assure that the project will serve the
ations under the Act may not be used to carry out programs under
needs of minority, Indian, and limited English-speaking eligible in-
such Acts.
dividuals in proportion to their numbers in the State involved; and
Section 903 (c) authorizes the Secretary to use services and facil-
(13) will authorize funds to be used to include individuals participat-
ities of Federal and other agencies with or without reimbursement,
ing in such projects under a State unemployment insurance plan.
and to cooperate with other public and private agencies in the use of
Section (b) (2) provides that the Secretary may prescribe regu-
services and facilities. Section (d) provides that payments under
lations to carry out title IX.
title IX may be made in advance or by way of reimbursement, and in
Section 902(c) authorizes the Secretary to pay not more than 90
such installments as the Secretary may determine. Section 903 (e)
percent of any project approved by the Secretary, except that the
prohibits the Secretary from delegating any functions of the Secre-
Secretary may pay all of the cost of a project which is (1) an emer-
tary under title IX to any other Federal agency.
gency or disaster project; or (2) a project located in an economically
Senate amendment
depressed area. Section 902 (c) also provides that the non-Federal share
shall be in cash or kind, and that the Secretary may attribute fair
The Senate amendment was the same as the House bill, except that
market value to services and facilities in determining the non-Federal
the Senate amendment (1) required the Secretary to consult with the
share.
State agency and area agencies of each State; and (2) required such
consultation to be carried out through the Commissioner.
Senate amendment
Conference substitute
The Senate amendment was the same as the House bill, with the
The conference substitute is the same as the Senate amendment.
following differences:
1. In describing those entities which are eligible to enter into agree-
D. PARTICIPANTS NOT FEDERAL EMPLOYEES
ments with the Secretary for projects under section 902, the Senate
House bill
amendment referred to tribal organizations, rather than to Indian
tribes on Federal or State reservations.
Section 904 (a) of the Act, as added by the House bill, provides that
2. In establishing criteria for the approval of projects, the Senate
eligible individuals shall not be considered to be Federal employees.
amendment-
Section 904(b) provides that contracts may not be entered into under
(a) required that the project involved may not result in the
title IX with a contractor who is exempted by State law from the
displacement of workers, and that such displacement includes
operation of the State workmen's compensation law, unless the con-
partial displacement such as a reduction in the hours of nonover-
tractor undertakes to provide comparable coverage for the employees
time work or wages or employment benefits;
of such employer.
(b) provided that the project may not substitute Federal for
Senate amendment
other funds in connection with work that would otherwise be
The Senate amendment was the same as the House bill.
performed; and
(c) prohibited the project from employing or continuing to
Conference substitute
employ an eligible individual to perform work which is the same
The conference substitute is the same as the House bill.
or substantially the same as work performed by any other person
who is on layoff.
E. INTERAGENCY COOPERATION
House bill
Conference substitute
Section 905 (a) of the Act, as added by the House bill, requires the
The conference substitute is the same as the Senate amendment.
Secretary of Labor to consult with, and obtain the written views of,
the Commissioner, before establishing rules or general policy under
C. ADMINISTRATION
title IX.
House bill
Section 905 (b) requires the Secretary to consult and cooperate with
Section 903 (a) of the Act, as added by the House bill, provides that
the Director of the Community Services Administration, the Secre-
the Secretary of Labor may consult wi h State and local agencies with
tary of Health, Education, and Welfare, and the heads of other Fed-
respect to (1) localities in which community service projects are most
eral agencies carrying out related programs. Each Federal agency is
needed; (2) employment situations and skills possessed by eligible
required to cooperate with the Secretary in distributing information
individuals; and (3) potential projects, and the number and percent-
with respect to the availability of assistance under title IX.
age of eligible individuals in the local population involved.
32
33
Senate amendment
after first reserving funds for national organizations under section
The Senate amendment was the same as the House bill.
906(a) (1), may reserve such additional funds as may be desirable for
Conference substitute
the funding of national organizations.
The conference substitute is the same as the House bill.
2. The Senate amendment did not limit funding under section 906
(a) (1) to national organizations currently being funded, but instead
F. EQUITABLE DISTRIBUTION OF ASSISTANCE
allowed the Secretary to make grants with public agencies and public
House bill
or private nonprofit organizations to administer projects under title
Section (a) (1) of the Act, as added by the House bill, requires
IX. The Senate amendment required the Secretary to give preference,
the Secretary of Labor to first reserve, from sums appropriated to
in awarding grants and contracts, to national organizations of proven
carry out title IX in any fiscal year, such sums as may be necessary
ability in providing employment services to older people. The Senate
for contracts with national organizations currently funded under title
amendment also provided that each grant or contract awarded by the
IX, to enable such organizations to maintain their level of activities
Secretary shall contain a provision to assure that projects conducted
at least at the level of such activities supported under title IX and
under the grant or contract during fiscal year 1975 will be continued if
under any other Federal authority in the fiscal year ending June 30,
the Secretary determines that the project involved is carrying out the
1975.
purposes of title IX.
Each contract with a national organization is required to contain
3. Instead of setting the funding level reserved for national con-
provisions to assure that funds received under the contract will be
tractors at the level of all activities supported by all Federal authority
allotted in the same manner as provided for the allotment of funds
in fiscal year 1975, the Senate amendment specified that the funding
within each State under section (2).
level is the level of activities supported under title IX and under title
Section 906 (2) requires the Secretary to allot for projects in
III of the Comprehensive Employment and Training Act of 1973
each State the remainder of funds appropriated for any fiscal year
during such fiscal year.
(after allotments are made to national organizations under section
4. The allotment formula contained in section (a) (2) of the Act,
906 (a) (1)) in a manner which assures that equal proportions are dis-
as added by the Senate amendment, is not based upon low income, but
tributed on the basis of an amount which bears the same ratio to such
only upon age.
remaining sums as the number of persons aged 55 and older with low
5. The Senate amendment required the Secretary to reduce State
incomes in the State involved bears to the number of such persons in
allotments under section 906(a) (2) by the amount reserved for na-
all States.
tional organizations in such State under section 906 (1). The Senate
The allotment formula contained in section 906 (a) (2) is subject to
amendment provided that no State may receive an allotment under
the following exceptions: (1) no State may be allotted less than one-
section 906(a) (2) until the Secretary determines that the amount to be
half of 1 percent of the total sum appropriated for the fiscal year in-
allotted to the State is equal to the amount reserved for national or-
volved, or $100,000, whichever is greater; and (2) Guam, American
ganizations in such State under section 906 (1).
Samoa, the Virgin Islands, and the Trust Territory of the Pacific
Conference substitute
Islands are each allotted an amount equal to one-fourth of 1 percent
The conference substitute requires that the Secretary of Labor ini-
of the sum appropriated for the fiscal year involved, or $50,000, which-
tially reserve from the total sums appropriated funds sufficient to
ever is greater.
maintain the fiscal year 1975 level of activities as conducted by na-
Section 906 (3) provides that the number of persons aged 55 or
tional contractors under the Older Americans Community Service
older with low incomes, in any State and in all States, shall be deter-
Employment Program (title IX of the Older Americans Comprehen-
mined by the Secretary on the basis of the most recent satisfactory
sive Services Amendments of 1973) and Operation Mainstream (under
data available.
title III of the Comprehensive Employment and Training Act). The
Section (b) provides that the Secretary shall reallot amounts
reserve will include funds sufficient to maintain the authorized older
allotted to each State in any fiscal year if the Secretary determines
worker slot level in fiscal year 1975. These sums shall be awarded to
that the State involved does not need the entire allotment to carry out
national contractors for these activities with preference given to na-
projects under title IX. Any reallotment received by a State is deemed
tional organizations of proven ability in providing employment serv-
as part of such State's original allotment.
ices to older persons under this and similar programs.
Section 906(c) requires that amounts allotted for projects in each
The remainder of the funds appropriated is to be distributed based
State shall be apportioned among areas in the State in an equitable
on a formula which takes into account the number of persons aged 55
manner, taking into account (1) the number of eligible individuals in
or over and the per capita income in each State, with a minimum guar-
each such area; and (2) the relative distribution of such individuals
anteed to each. More specifically, each State will receive an amount
in rural and urban areas in the State.
which bears the same ratio to the remaining funds as the product of
Senate amendment
the number of persons aged 55 or over in the State times the "allot-
The Senate amendment was the same as the House bill, with the
ment percentage" of that State, bears to the sum of the corresponding
following differences:
products for all States. However, no State shall be allotted less than
1. The Senate amendment specified that the Secretary of Labor,
one-half of one percent of the funds remaining after the reserve or
34
35
$100,000, whichever is greater, and Guam, American Samoa, the Vir-
beginning July 1, 1976, and ending September 30, 1976; (3) $150,-
gin Islands and the Trust Territories of the Pacific Islands shall each
000,000 for fiscal year 1977; (4) $200,000,000 for fiscal year 1978; and
receive no less than one-fourth of one percent of the remainder or
(5) $250,000,000 for fiscal year 1979.
$50,000, whichever is greater. The "allotment percentage" of each
Senate amendment
State is 100 percent less the percentage which bears the same ratio to
50 percent as the per capita income of such State bears to the per capita
The Senate amendment was the same as the House bill, except that
income of the United States, except that the allotment percentage
the Senate amendment did not make an authorization for fiscal year
shall in no case be more than 75 percent or less than 331/3 percent; and
1975 or fiscal year 1979.
the allotment percentage for the District of Columbia, Puerto Rico,
Conference substitute
Guam, the Virgin Islands, American Samoa and the Trust Territories
The conference substitute is the same as the Senate amendment.
of the Pacific Islands shall be 75 percent. Provision is included for
reallotment of funds not required by any State for any fiscal year.
I. REPEAL OF CERTAIN SERVICES
The conferees have agreed to language which requires the Secretary
House bill
to the extent feasible to assure equitable distribution of activity among
Section of the House bill repealed title IX of the Older
the States under the national contractor authority. This agreement
American Comprehensive Services Amendments of 1973 (42 U.S.C.
was reached in anticipation of increases in funding for title IX and
3061 et seq.).
in the hope of a more equitable distribution of monies as the program
Senate amendment
grows. In the event that increased funding is not forthcoming, the
conferees do not believe that it will be feasible to alter in any signifi-
The Senate amendment was the same as the House bill.
cant way the existing distribution.
Conference substitute
The conference substitute is the same as the House bill.
G. DEFINITIONS
House bill
J. USE OF CERTAIN FUNDS
Section 907 of the Act, as added by the House bill, contains the fol-
House bill
lowing definitions:
No provision.
1. The term "State" is defined to mean the several States, the Dis-
Senate amendment
trict of Columbia, Puerto Rico, the Virgin Islands, American Samoa,
Guam, and the Trust Territory of the Pacific Islands.
Section 115 (c) of the Senate amendment provided that funds ap-
2. The term "eligible individual" is defined to mean an individual
propriated to carry out title IX of the Older Americans Comprehen-
who is 55 years old or older, who has a low income, and who would
sive Services Amendments of 1973 for fiscal year 1975 may be used
have difficulty in securing employment. The Secretary of Labor is re-
for employment projects conducted as part of the Operation Main-
quired to give priority to individuals who are 60 years old or older
stream program under title III of the Comprehensive Employment
for work opportunities provided under the act.
and Training Act of 1973.
3. The term "community service" is defined to mean social, health,
Conference substitute
welfare, educational, library, recreational, and other similar services,
The conference substitute is the same as the Senate amendment.
together with additional services relating to conservation, community
betterment, environmental quality, economic development, and other
FEDERAL COUNCIL ON AGING RECOMMENDATIONS
similar community services.
4. The term "program" is defined to mean the older American com-
House bill
munity services employment program established under title IX of
Section 103 of the House bill amended section 205 of the Act to re-
the act.
quire the President to transmit to the Congress recommendations based
Senate amendment
upon the Federal Council on Aging's study no later than January 1,
The Senate amendment was the same as the House bill, except that
1976.
the definition of "community service" included legal counseling.
Senate amendment
Conference substitute
The Senate amendment was the same as the House bill.
The conference substitute is the same as the Senate amendment.
Conference substitute
The conference substitute is the same as the House bill.
H. AUTHORIZATION OF APPROPRIATIONS
House bill
APPLICATION OF OTHER LAWS
Section 908 of the Act, as added by the House bill, authorizes the
House bill
following amounts to carry out title IX of the Act: (1) $100,000,000
for fiscal year 1975 and fiscal year 1976; (2) $37,500,000 for the period
Section 104 of the House bill added a new section 211 to the Act
which provides that the Act of December 5, 1974 (P.L. 93-510; 88
36
37
Stat. 1604) shall not apply to the administration of the Act or to the
to serve as strong advocates for older persons with all other agencies
administration of any program or activity under the Act.
which may have programs of benefit to older persons.
Senate amendment
The conferees agree that States should have some flexibility in orga-
The Senate amendment was the same as the House bill.
nizing themselves to administer Federal programs in which they elect
to participate, including Older Americans Act programs. However,
Conference substitute
any organizational scheme relative to title III and title VII must con-
The conference substitute is the same as the House bill.
form to the intent and purpose of the Older Americans Act. The Com-
missioner on Aging should not approve any State plan which does not
The Joint Funding Simplification Act allows the transfer of pro-
provide for a single, identifiable focal point on aging.
grams from one Federal agency or department to another Federal
The conferees intend that area plans approved by the State agencies
agency or department by mutual agreement reached between the Fed-
also conform to the intent of title III relative to a single focal point on
eral agencies. The amendment made by the conference substitute is in-
aging.
cluded to reaffirm the intent of the Older Americans Act that the Ad-
DEFINITION OF SOCIAL SERVICES
ministration on Aging be the focal point and advocacy point for aging
House bill
within the Federal Government. Permitting the Commissioner on Ag-
Section 105 of the House bill amended section 302(1) of the Act
ing to enter into such agreements which could result in a transfer of
to provide that the definition of "social services" includes services
program and financial authority for Older Americans Act programs
designed to provide legal counseling assistance to older persons.
from the Administration on Aging to another Federal agency would
Senate amendment
seriously erode the purpose of the Act. The conferees' concern that pro-
gram and fiscal responsibility for Older Americans Act programs re-
The Senate amendment was the same as the House bill, with the
main solely with the Administration on Aging parallels their concern
following differences:
for maintaining the integrity of the network of State and area agen-
1. The Senate amendment included tax and financial counseling in
cies on aging which have been established under title III.
addition to legal counseling.
Some States are considering proposals which would incorporate the
2. The Senate amendment also included services designed to enable
title III and title VII programs into other services delivery programs
older persons to maintain physical and mental welfare through pro-
administered by the States within a multi-purpose or "umbrella"
grams of regular physical activity and exercise.
State agency. Such an arrangement effectively eliminates a single
Conference substitute
focal and advocacy point on againg at the State level.
The conference substitute is the same as the Senate amendment.
Although the conferees underscore the need for coordination of pro-
The conferees wish to note their intent that tax counseling include
grams to expand resources for older persons, they do not agree that the
assistance in the actual preparation of income tax forms.
interests of older persons are served by an organizational arrangement
at the State or area levels which eliminates the single focal and advo-
ALLOTMENTS TO INDIANS
cacy point on aging which must be established under title III. The
House bill
report of the Committee on Education and Labor of the House at the
Section 106 of the House bill amended section 303 (b) of the Act
time of the 1973 Amendments to the Act expressed concern that the
State agencies on aging established under the former title III program
by adding a new paragraph (3), relating to allotments to Indian
had not developed into strong and effective advocates for older per-
tribes. Paragraph (3) (A) provides that the Commissioner shall re-
sons at the State level. The 1973 Amendments were designed to
serve from sums appropriated for any fiscal year under section 303
strengthen the State Agency on Aging while also building in require-
(b) (2) of the Act not less than 100 percent nor more than 105 percent
of an amount which bears the same ratio to such appropriated sums
ments for coordination between these and other agencies. The require-
ment for a sole State agency was reasserted. The funding available for
as the population of all Indians aged 60 or older on all Federal and
administration of the State Plan was increased. The State agencies
State reservations bears to the population of all persons aged 60 or
older in all States.
were to designate area agencies on aging and approve area plans and
budgets approved by these agencies.
Paragraph (3) (B) provides that each Indian tribe on a Federal
or State reservation shall be allotted, from sums reserved by the Com-
The conferees wish to assert their belief that in order to set respon-
sibility and to provide the power and authority necessary to take effec-
missioner under paragraph (3) (A), not less than 100 percent nor more
tive action on behalf of older Americans, a strong and easily identifi-
than 105 percent of an amount which bears the same ratio to such
able single State agency on aging charged with providing support to
reserved sums as the population of Indians aged 60 or older on the
strong and easily identifiable area agencies on aging is necessary.
reservation involved bears to the population of all Indians aged 60
or older on all reservations in the State.
Furthermore, the conferees believe that there should be coordination
between program agencies but that the State agency on aging and
Paragraph (3) (C) requires Indian tribes seeking to be eligible for
area agencies on aging should maintain their own identity in order
grants to submit a plan to the Commissioner which meets such cri-
38
39
teria as the Commissioner may prescribe, taking into account appro-
(a) is recognized as eligible for special programs and services pro-
priate criteria established by section 305 (a) of the Act.
vided by the United States to Indians because of their status as Indi-
Paragraph (3) (D) permits the Commissioner to reallot sums al-
ans; or (b) is located on, or in proximity to, a Federal or State reser-
lotted to an Indian tribe if the Commissioner determines that such
vation or rancheria.
sums will not be used by such Indian tribe for carrying out the pur-
3. The term "tribal organization" was defined to mean the recog-
pose for which the allotment was made. Any reallotment received by
nized governing body of any Indian tribe or any legally established
an Indian tribe shall be considered as part of the allotment of such
organization of Indians which is controlled by such governing body.
tribe for the fiscal year involved.
In any case in which a contract or grant is made to an organization to
Section 106 of the House bill also provided that the number of In-
perform services for more than one Indian tribe, the approval of each
dians aged 60 or over on any Federal or State reservation and on all
such tribe is a prerequisite to such contract or grant.
Federal or State reservations shall be determined by the Commissioner
on the basis of the most recent and satisfactory data available.
Conference substitute
The conference substitute is the same as the Senate amendment.
,Senate amendment
Section 104 of the Senate amendment amended section 303 (b) of the
STATE AND AREA PLAN REQUIREMENTS
Act by adding a new paragraph (3). Paragraph (3) (A) provides that
House bill
any State in which the Commissioner determines (after taking into ac-
Section 107 of the House bill amended section 304 (c) of the Act to
count sums available to the State agency or area agency to carry out
require that area plans provide for the establishment of programs of
title III of the Act) that members of an Indian tribe are not receiving
assistance to older persons as described in part B of title VIII of the
benefits under title III which are equivalent to benefits provided to
Act, relating to homemaker and other home services, part C of such
other older persons in the State or area involved, and if the Commis-
title, relating to counseling assistance, part D of such title, relating to
sioner further determines that the members of such tribe would be
residential repairs and renovations, and part E of such title, relating
better served by direct Federal grants, the Commissioner shall reserve
to transportation.
from sums which would otherwise be allotted to the State involved not
Such section also amended section 304 (4) of the Act in order to
less than 100 percent nor more than 150 percent of an amount which
eliminate existing area plan requirements relating to the provision of
bears the same ratio to the State's allotment for the fiscal year involved
legal services to older persons.
as the population of all Indians aged 60 or older for whom a deter-
Section 108 of the House bill amended section (a) of the Act to
mination under subparagraph (A) has been made bears to the popu-
require that State plans include provisions for the establishment of
lation of all persons aged 60 or older in such State.
programs of assistance to older persons as described in parts B, C, D,
Paragraph (3) (B) provides that sums reserved by the Commissioner
and E of title VIII of the Act.
shall be granted to the tribal organization serving the individuals af-
fected by the determination of the Commissioner, or, in any case in
Senate amendment
which there is no tribal organization, to such other entity as the Com-
Section 105 of the Senate amendment amended section 304(a) (1)
missioner determines has the capacity to provide services under title
of the Act to require State agencies, in conjunction with
III.
the agency designated under section 2003 (d) (1) (C) of the Social
Paragraph (3) (C) is the same as paragraph (3) (C) as added by
Security Act, to coordinate activities under the State plan with the
the House bill, except that the Senate amendment related to tribal or-
provision of services to older Americans under part A of title XX
ganization or other entities rather than to Indian tribes.
of the Social Security Act.
Paragraph (3) (D) provides that recipients of grants under para-
Such section also eliminated existing legal services requirements in
graph (3) may retain for administrative purposes amounts equal to
the same manner as the House bill.
amounts available for the administrative costs of area plans under sec-
Such section also amended section 304 of the Act by adding a new
tion 303 (e) (1) of the Act.
subsection (d), which permits area agencies and State agencies to
Section 104 of the Senate amendment also provided that the number
enter into agreements with agencies administering programs under the
of Indians aged 60 or older on, or in proximity to, any Federal or
Rehabilitation Act of 1973 and under titles VI, XIX, and XX of the
State reservation or rancheria shall be determined by the Commissioner
Social Security Act, in order to develop plans to meet the transporta-
on the basis of the most recent and satisfactory data available.
tion needs of persons receiving benefits under such Acts and older
Section 104 of the Senate amendment also added the following defi-
Americans participating in programs under title III and title VII
nitions to section 102 of the Act:
of the Act. The Senate amendment also provided that funds appropri-
1. The term "Indian" was defined to mean a person who is a member
ated under title III and title VII of the Act may be used to purchase
of an Indian tribe.
transportation services for older persons and may be pooled with
2. The term "Indian tribe" was defined to mean any tribe, band,
funds available for transportation services under the Rehabilitation
nation, or other organized group or community of Indians (including
Act of 1973, and under titles VI, XIX, and XX of the Social Security
any Alaska Native village or regional or village corporation) which
Act.
40
41
Conference substitute
implementing the State plan; and (2) provide that the relative distri-
The conference substitute omits the provision contained in section
bution of older persons residing in rural and urban areas in the State
107 of the House bill which amended section 304 of the Act regard-
involved will be taken into account in developing and implementing
ing area plans. This section is omitted in keeping with the decision of
the State plan.
the conferees concerning the substitute for title VIII of the House
Conference substitute
bill and section 309 of the Senate amendment.
The conference substitute omits the provisions of the Senate amend-
The conference substitute also omits section 108 of the House bill
ment. However, with respect to the second Senate provision discussed
which amends section 305 (a) of the Act concerning State plans for
above, requiring the State to take into account the relative distribution
the same reasons.
of older Americans residing in urban and rural areas, the conferees
The conference substitute also omits section 105 of the Senate
amendment which would amend section 304 (a) (1) of the Act to re-
wish to reemphasize concerns expressed in the Senate committee report
quire State agencies on aging to coordinate activities under their State
(Senate Report 94-255) on this issue.
The conference substitute omits this provision only because of in-
plan with the provision of services under title XX of the Social Secu-
formation brought to the attention of the conferees that it might result
rity Act. This requirement was omitted because of the conferees' con-
in a redistribution of moneys inconsistent with the intent of the pro-
cern that the language of the Senate amendment in this regard would
be read to mean that the plan developed under title III of the Older
vision. The conferees agree with the statement in the Senate report
that the needs of the 5.4 million rural aged are largely overlooked or
Americans Act would be required to be in conformity with the require-
ments of title XX of the Social Security Act. Unlike title XX, title
ignored. Too often, they have been left behind by our rapid industrial
III has never contained income standards for eligibility for services.
growth and changing living arrangements. Yet, they have an urgent
need for supportive services to enable them to live independently. The
Rather than convey any impression that title III services must be
conferees recognize that it is frequently more difficult-as well as more
provided in the same manner as title XX services, the conferees have
omitted this section of the Senate amendment. However, it should be
expensive-to deliver services for the rural elderly because of the low
population density and larger geographical areas. The conferees be-
stressed that the Governor of each State has the ultimate responsibility
lieve that the States have a responsibility to give special attention to
for the development of both the title III and title XX plans and it is
their needs in developing priorities because of the intensity of their
expected that he will take such action as may be necessary to insure
that the title III State agency participates actively, and affirmatively
problems.
ADMINISTRATION OF STATE PLANS
makes known its views, in the preparation of the title XX plan, as is
House bill
required by section 2004 (2) (4) of the Social Security Act.
The House recedes with respect to the language of the Senate amend-
No provision.
ment permitting State and area agencies on aging to enter into "pool-
Senate amendment
ing agreements" with agencies providing services under other
Section 107 of the Senate amendment amended section (b) (1) of
authorities in order to meet the common transportation needs of the
the Act to (1) increase the floor for State administrative costs to
beneficiaries of their various programs. Because of eligibility require-
$200,000; and (2) increase the floor for administrative costs of Guam,
ments incorporating income and other standards in various of these
American Samoa, the Virgin Islands, and the Trust Territory of the
other programs, the coordination of transportation services will un-
Pacific Islands to $62,500.
doubtedly be difficult. Nevertheless, the conferees firmly believe that
Such section also amended section 306(b) of the Act to provide
transportation is now too often provided on a fragmented and un-
that, for fiscal year 1976, and for the period beginning July 1, 1976,
coordinated basis within a single community with funds provided from
and ending September 30, 1976, each State agency may retain which-
several different Federal programs but having many participants in
ever is greater of an amount equal to (1) the floor for administrative
common. The conferees urge that every effort be made to bring these
costs (as amended by the Senate amendment) or (2) an amount not
services together and, where necessary and lawful, to waive formal
exceeding 8 percent of the amount by which the allotment for the
requirements that impede the provision of transportation services
State involved under section 303 of the Act, together with the allot-
through an integrated and coordinated system.
ment for such State under section for (A) the fiscal year
involved exceeds the sum of such allotments for fiscal year 1974, but
LOW-INCOME INDIVIDUALS AND RURAL ELDERLY
in any case an amount not to exceed $100,000; and (B) the period
beginning July 1, 1976, and ending September 30, 1976, exceeds an
House bill
amount equal to 25 percent of such allotments for fiscal year 1974, but
No provision.
in any case an amount not to exceed $25,000.
Senate amendment
For fiscal year 1977, and for each succeeding fiscal year, each
Section 106 of the Senate amendment amended section 305 (a) of
State agency specified in section 306(b) (2) (A) of the Act (as added
the Act to require the State plan to (1) provide that the needs of low-
by the Senate amendment) may retain an amount equal to an amount
income elderly persons will be taken into account in developing and
not to exceed 8 percent of the amount by which the allotment for
the State involved under section 303, together with the allotment for
42
43
such State under section 703, exceeds the sum of such allotments for
by the provisions of title VIII of the Act (as added by the House bill),
fiscal year 1976, but in any case an amount not to exceed $100,000.
and to provide that model projects under section 308 of the Act will
For fiscal year 1977, and for each succeeding fiscal year, each State
include projects to provide continuing education to older persons, in-
agency specified in section (b) (2) (B) of the Act (as added by
cluding free tuition arrangements, and projects to provide preretire-
the Senate amendment) may retain an amount equal to an amount not
ment education, information, and related services.
to exceed 8 percent of the amount by which the allotment for the State
Senate amendment
involved under section 303 together with the allotment for
Section 108 of the Senate amendment amended section 308 (a) of the
such State under section 703, exceeds the sum of such allotments
Act to provide for the following new model projects: (1) projects for
for fiscal year 1974, but in any case an amount not to exceed $100,000.
the promotion and development of ombudsman services for residents
The Senate amendment also provided that no State shall receive
of nursing homes; (2) projects to meet the needs of older Americans
less than such State received under section 306 (b) of the Act for fiscal
who are not receiving adequate services under other provisions of the
year 1975. Amounts received under section (b) (2) of the Act (as
Act, with emphasis on the needs of low-income, minority, Indian, and
added by the Senate amendment) shall be used for administration
limited-English speaking individuals, and elderly persons residing in
of programs under title III of the Act and under title VII of the Act.
rural areas; (3) projects to encourage the participation of older per-
Conference substitute
sons in bicentennial activities; and (4) projects to assist older persons
The conference substitute retains the provision of the Senate amend-
to remain within their communities by (A) providing assistance to
ment regarding the increase in the floor for State administrative costs
establish senior ambulatory care day centers, and (B) maintaining
to $200,000 for States and $62,500 for outlying territories. The re-
arrangements with the agency of the State involved which administers
mainder of the Senate amendment is omitted by the conference sub-
a State plan approved under title XIX of the Social Security Act, and
stitute and in lieu thereof the conference substitute authorizes States
with other appropriate social services agencies, for payment of all or
to apply to the Commissioner for authority to use funds allotted to
part of the costs of such senior ambulatory care day centers in provid-
the State under section 303 for State administrative purposes. No
irg services to eligible persons.
State may be authorized to use more than three-fourths of one percent
Conference substitute
of the amount of its allotments under section 303 (b) and section 703 (a)
The conference substitute is the same as the Senate amendment,
in any fiscal year under the special authority granted by section 303
except that the conference substitute deletes the reference to model
(b) (2) of the Act, as added by the conference substitute. Moreover,
projects designed to promote participation of senior citizens in bi-
before the Commissioner may authorize the use of such funds for
administrative purposes he must find that the State has made a
centennial activities. The bicentennial celebration is a temporary pro-
sufficient showing of a particular need for such funds for administra-
gram and the conferees did not believe it was appropriate to include
tive purposes and that the State is making full and effective use of
such a provision in the permanent law.
its existing funds. Under this provision, if a State can demonstrate,
However, the conferees believe that the upcoming bicentennial cele-
for example, that it is in need of additional personnel to carry out
bration provides senior citizens with a significant opportunity to be-
new programs, that it cannot administer its existing programs with
come involved in an important national undertaking. Retired persons
its allotment under section 306, that additional funds are needed for
have the knowledge, the skill, the ability, and th e time to become
the purpose of retaining existing personnel, or any other reason which
involved in the thousands of bicentennial projects that will be taking
the Commissioner finds meets the criteria defined in the conference
place in every State, county, and community all across the Nation.
substitute he may authorize a State to spend up to three-fourths of
Senior citizens can play an important leadership role on the local
one percent of its title III and title VII allotment for such purpose,
level SC as to make certain that the bicentennial is meaningful and rele-
with the funds to be derived from the section 303 allotment.
vant to each and every segment of our society no matter where they
The conferees note that the principal complaint with respect to
live. The conferees would therefore urge the Commissioner to take
inadequacy of State administrative funds has been regarding the cost
steps designed to encourage the active participation of older persons
of administering title VII. The 1973 amendments to the Act deleted
in the bicentennial celebration.
the authority to use 10 percent of title VII funds for State administra-
tion and consolidated all State administration costs under section 306.
ATTRACTING QUALIFIED PERSONS TO THE FIELD OF AGING
The conferees emphasize that funds allotted under section 306 are
House bill
intended to be used for meeting the cost of administering both title
III and title VII programs and States should not shortchange title
No provision.
VII administration simply because the administrative money is pro-
Senate amendment
vided through title III.
Section 110 of the Senate amendment amended section 403 of the
Act to provide that both 2- and 4-year institutions of higher education
MODEL PROJECT REQUIREMENTS
are eligible for grants and contracts to carry out the purposes of such
House bill
section.
Section 109 of the House bill amended section 308 (a) of the Act to
eliminate certain model projects which are made permanent programs
44
45
Conference substitute
ing functions and the conferees note that the provision of authority for
The conference substitute provides that the term "institution of
the Commissioner to make grants for the purpose of training indi-
higher education" has the meaning given it by section 1201 (a) of the
viduals to provide legal and counseling services to older individuals
Higher Education Act of 1965. Such Act defines such term to include
in no way is intended to preempt State laws with respect to authoriz-
any school which provides not less than a one-year program of training
ing the practice of law.
to prepare students for gainful employment in a recognized occupation.
STATE PLANS
House bill
TRAINING PERSONNEL FOR COUNSELING AND MONITORING FUNCTIONS
No provision.
House bill
Senate amendment
Section 112 of the Senate amendment amended section 705(a) (4)
Section 110 of the House bill amended section 404 of the Act to pro-
vide that the Commissioner may make grants under such section to
of the Act to require each State to plan to take into account, in award-
assist in the training of lawyers, lay advocates, and paraprofessional
ing grants, the relative distribution of older persons in rural and
persons who will (1) provide legal counseling assistance to older per-
urban areas in the State involved.
sons; or (2) monitor the administration of any program designed to
Conference substitute
provide assistance or services to older persons, including nursing home
The conference susbtitute omits the provisions of the Senate amend-
programs and other similar programs.
ment. However, the rationale for SO doing is identical to the conferees'
Senate amendment
action with respect to a similar Senate provision dealing with the dis-
Section 111 of the Senate amendment amended section of the
tribution of title III moneys. Here again the conferees wish to note that
Act to provide that the Commissioner may make grants to assist in
they are concerned with respect to the lack of services for older per-
covering training costs for 2- or 4-year college or university-based pro-
sons living in rural areas. It is the opinion of the conferees that States
grams, including the coverage of such costs as faculty support, student
should allocate additional resources to achieve the provision of better
support, courses within the appropriate curricula, and such costs as
services for older persons living in rural areas.
technical assistance and program development in working with older
PURCHASE OF CERTAIN PRODUCTS BY SECRETARY OF AGRICULTURE
persons.
The Senate amendment amended section 404 (a) (3) of the Act to
House bill
permit the Commissioner to make grants for short-term or inservice
Section 111 of the House bill amended section 707 of the Act to re-
training to (1) support program operational activities; (2) strengthen
program management; (3) improve the effectiveness of agencies car-
quire the Secretary of Agriculture to purchase meats and other high
rying out administrative responsibilities under the Act; and (4) clar-
protein foods to be used in nutrition programs under title VII of the
Act. The House bill authorized the following amounts to carry out the
ify the relationships among various agencies which administer
programs necessary to carry out the purposes of the Act.
purchasing program under section 707 of the Act: (1) $8,000,000 for
The Senate amendment amended section 404 of the Act by adding a
fiscal year 1975; (2) $10,000,000 for fiscal year 1976; and (3)
new subsection (c), which permits the Commissioner to make grants to
$2,500,000 for the period beginning July 1, 1976, and ending Septem-
assist in (1) the training of lawyers and paraprofessional persons who
ber 30, 1976.
will (A) provide legal (including tax and financial) counseling to
Senate amendment
older persons; or (B) monitor the administration of any program de-
Section 113 of the Senate amendment amended section 707 of the Act
signed to provide assistance to older persons, including nursing home
to require the Secretary of Agriculture to donate surplus commodi-
programs and other similar programs; and (2) the training of persons
ties to nutrition projects under title VII of the Act. The Senate amend-
employed by various public or private agencies who will identify legal
ment increased the level of assistance from 10 cents per meal to 25
problems affecting older persons, develop solutions for such problems,
cents per meal in fiscal year 1976, and to 50 cents per meal in fiscal
and mobilize community resources to respond to the legal needs of
year 1977.
older persons.
The Senate amendment also allowed a State which had phased out
Conference substitute
its commodity distribution facilities before June 30, 1974, to elect to
The conference substitute retains the main thrust of the Senate
receive cash in lieu of donated commodities.
amendment by providing separate and distinct authority for the Com-
Conference substitute
missioner to make training grants both for short-term, inservice train-
The conference substitute retains the provision of the House bill
ing and college and university-based training, as well. However, the
with one change. The substitute provides that such sums as may be
conference substitute clarifies the language of the Senate amendment.
necessary are authorized to be appropriated to carry out this new
The conference substitute adopts the language of the Senate amend-
authoritv. The conference substitute also retains provisions of the
ment with respect to training of personnel for counseling and monitor-
Senate amendment with one change. The substitute provides that the
46
47
level of assistance will be 15 cents per meal in fiscal year 1976 and 25
Conference substitute
cents per meal in fiscal year 1977.
The conference substitute extends the authorization of appropria-
tions through fiscal year 1978.
AUTHORIZATION OF APPROPRIATIONS
D. TRAINING AND RESEARCH
A. NATIONAL INFORMATION AND RESOURCE CLEARINGHOUSE FOR THE
House bill
AGING
House bill
Section 112 (d) of the House bill amended section 431 of the Act to
Section 112 of the House bill amended section 204 of the Act
extend the authorization of appropriations through fiscal year 1979.
to extend the authorization of appropriations for the National Infor-
Senate amendment
mation and Resource Clearinghouse for the Aging through fiscal year
Section 114(d) of the Senate amendment amended section 431 of
1979.
the Act to extend the authorization of appropriations through fiscal
Senate amendment
year 1977.
Section 114(a) of the Senate amendment amended section 204(c)
Conference substitute
of the Act to extend the authorization of appropriations for the Clear-
The conference substitute extends the authorization of appropria-
inghouse through fiscal year 1977.
tions through fiscal year 1978.
Conference substitute
E. MULTIPURPOSE SENIOR CENTERS
The conference substitute extends the authorization of appropria-
House bill
tions through fiscal year 1978.
Section 112(e) of the House bill amended section 505 (a) of the Act
B. AREA PLANNING AND SOCIAL SERVICE PROGRAMS
to extend the authorization of appropriations through fiscal year 1979.
Senate amendment
House bill
Section 114(e) of the Senate amendment amended section 505(a)
Section 112(b) of the House bill amended section 303 (a) of the Act
to extend the authorization of appropriations through fiscal year 1977.
to provide for the following authorizations: (1) $180,000,000 for fiscal
year 1976; (2) $57,750,000 for the period beginning July 1, 1976, and
Conference substitute
ending September 30, 1976; (3) $231,000,000 for fiscal year 1977; (4)
The conference substitute extends the authorization of appropria-
$287,200,000 for fiscal year 1978; and (5) $349,640,000 for fiscal year
tions through fiscal year 1978.
1979.
F. NUTRITION PROGRAMS FOR THE ELDERLY
Senate amendment
House bill
Section 114(b) of the Senate amendment amended section 303 (a) of
the Act to provide for the following authorizations: (1) $200,000,000
Section 112(f) of the House bill amended section 708 of the Act to
provide for the following authorizations: (1) $62,500,000 for the
for fiscal year 1976; (2) $60,000,000 for the period beginning July 1,
period beginning July 1, 1976, and ending September 30, 1976; (2)
1976, and ending September 30, 1976; and (3) $240,000,000 for fiscal
$275,000,000 for fiscal year 1978; and (3) $300,000,000 for fiscal year
year 1977.
1979.
Conference substitute
Senate amendment
The conference substitute retains the amounts authorized in the
House bill, but omits any authorization for fiscal year 1979.
Section 114(f) of the Senate amendment amended section 708 of
the Act as follows: (1) the Senate amendment increased the author-
ization for fiscal year 1976 from $200,000,000 to $225,000,000; and (2)
C. MODEL PROJECTS
House bill
the Senate amendment increased the authorization for fiscal year 1977
from $250,000,000 to $275,000,000.
Section 112(c) of the House bill amended section 308(b) of the
Act to extend the authorization of appropriations through fiscal
Conference substitute
year 1979.
The conference substitute retains the amounts authorized in the
Senate amendment
House bill, but omits any authorization for fiscal year 1979.
Section 114(c) of the Senate amendment amended section 308(b)
TECHNICAL AMENDMENTS
of the Act to extend the authorization of appropriations through fiscal
House bill
year 1977.
Section 113 of the House bill made various technical and conform-
ing amendments to the Act.
49
48
VOCATIONAL EDUCATION ACT OF 1963
Senate amendment
House bill
Section 116 of the Senate amendment was substantially the same as
Section 204 of the House bill amended section 161 (d) of the Voca-
the House bill.
tional Education Act of 1963 to provide that, from funds made avail-
Conference substitute
able under section 161, special consideration shall be given to consumer
The conference substitute is the same as the Senate amendment.
and homemaking programs for persons aged 60 or older who are in need
of services provided by such programs.
AMENDMENTS TO OTHER LAWS
,Senate amendment
The Senate amendment was the same as the House bill.
HIGHER EDUCATION ACT OF 1965
House bill
Conference substitute
Section 201 of the House bill amended section 110(b) of the Higher
The conference substitute is the same as the House bill.
Education Act of 1965 to extend the authorization of appropriations
for special programs and projects relating to problems of the elderly
DOMESTIC VOLUNTEER SERVICE ACT OF 1973
through fiscal year 1979.
House bill
Senate amendment
The House bill amended the Domestic Volunteer Service Act of 1973
Section 201 of the Senate amendment was the same as the House bill,
to extend the authorizations for appropriations for the Older Ameri-
except that the authorization was extended through fiscal year 1977.
can Volunteer Programs (R.S.V.P., Foster Grandparents, and Senior
Conference substitute
Companions) under title II of that Act for 3 fiscal years beyond fiscal
The conference substitute extends the authorization of appropria-
year 1976-through fiscal year 1979. The amounts authorized to be
tions through fiscal year 1978.
appropriated were as follows: R.S.V.P.-$24 million for fiscal year
1977, $28.8 million for fiscal year 1978, and $34.56 million for fiscal
ADULT EDUCATION ACT
year 1979; Foster Grandparents-$38.4 million for fiscal year 1977,
House bill
$46.08 million for fiscal year 1978, and $55.296 million for fiscal year
1979; and Senior Companions-$9.6 million for fiscal year 1977, $11.52
Section 202 of the House bill amended section 310 of the Adult Edu-
million for fiscal year 1978, and $13.824 million for fiscal year 1979.
cation Act to extend the authorization of appropriations for special
The House bill amended the Domestic Volunteer Service Act of 1973
projects for the elderly through fiscal year 1979.
to require the ACTION Agency to reimburse each State agency on
Senate amendment
aging, establishing under the Older Americans Act of 1965, for the
Section 202 of the Senate amendment was the same as the House
salary of a resource person designated by such agency to coordinate
bill, except that the authorization was extended through fiscal year
programs carried out under title II of the Domestic Volunteer Service
1977.
Act and title III of the Older Americans Act.
The House bill also amended the Domestic Volunteer Service Act
Conference substitute
of 1973 to eliminate the word "volunteer" from the title of of title II
The conference substitute extends the authorization of appropria-
of that Act ("Older American Volunteer Programs") and through-
tions through fiscal vear 1978.
out Part B of that title regarding the Foster Grandparent program;
and to mandate the conduct of the R.S.V.P. program (part A).
OLDER AMERICANS COMPREHENSIVE SERVICE AMENDMENTS OF 1973
,Senate amendment
House bill
No provision.
Section 203 of the House bill amended section 805 of the Older Amer-
Conference substitute
icans Comprehensive Service Amendments of 1973 to extend the au-
The conference substitute provides for authorizations of appropria-
thorization of appropriations for the senior opportunities and serv-
tions for the Older American Volunteer Programs in title II of the
ices program through fiscal year 1979.
Domestic Volunteer Service Act of 1973 for 2 fiscal years beyond fiscal
Senate amendment
year 1976-through fiscal year 1978-as follows: R.S.V.P.-$22 mil-
Section 203 of the Senate amendment was the same as the House bill,
lion for fiscal years 1977 and 1978; Foster Grandparents-$35 million
except that the authorization was extended through fiscal year 1977.
for fiscal years 1977 and 1978; and Senior Companions-$8 million for
fiscal years 1977 and 1978.
Conference substitute
The conference substitute provides that the ACTION Agency shall
The conference substitute extends the authorization of appropria-
designate in each of its State offices an "aging resource specialist"
tions through fiscal year 1978.
whose primary responsibility (devoting more than one-half of regu-
50
51
lar working hours) shall be to support programs carried out under
eligible under present law to be served by a Foster Grandparent. As
title II of the Domestic Volunteer Service Act and to seek to coordi-
a starting point, it is the intention of the conferees that Foster Grand-
nate those programs with programs carried out under titles III and
parent services be continued up to the age of 21-not 18 as the Agency
VII of the Older Americans Act in the State or States served by the
regulations have provided. No efforts should be made to discontinue
State offices involved.
established relationships or seek alternative arrangements merely be-
In reaching this compromise provision. the conferees drew general
cause the "child" enters his or her eighteenth year.
guidance from the ACTION Agency directive of July 7, 1975, pro-
The Agency has advised the committees that between 300 and 400
viding for a comparable State office administrative arrangement.
individuals now being served by Foster Grandparents are over the age
Under the conference substitute provision, the conferees intend that
of 21 and that all of these individuals are mentally retarded. The con-
the person designated as the aging resource specialist shall be the
ferees are especially concerned about maintaining these relationships
"state program director" only in extraordinary circumstances and only
and reversing certain Agency actions which have been seen as threaten-
when that individual is clearly the most qualified by reason of experi-
ing the withdrawal of the Foster Grandparent. Both committees have
ence and training to carry out responsibilities in the aging field. The
made known to the Agency their strongly held view that existing
conferees also stress that they do not intend by mandating such a State
relationships between the Older American participants and those over
office administrative arrangement to require, as a matter of law, the
21 whom they are now serving must not be disrupted. In order to
establishment or continuation of State ACTION Agency offices but
accomplish this, the conferees believe that existing or replacement
merely to require that ACTION Agency aging resource specialists be
Foster Grandparents must be permitted to continue serving these
stationed in the States.
individuals over 21 presently served by the program. The Foster
The conferees direct the Director of the ACTION Agency to sub-
Grandparent relationship should be permitted to cease when and only
mit to the appropriate committees of the Congress, not later than 90
when the Agency is certain that an alternative arrangement-mutually
days after the enactment of the conference report, a list of the names
satisfactory to the Foster Grandparent, the child's family, and the
and specific responsibilities of the employees designated as aging re-
sponsor institution-can be made, including enrollment of both parties
source specialists. The conferees also direct the Director of the
in the Senior Companion program or other comparable program. Such
ACTION Agency and the Commissioner on Aging each to report
an alternative arrangement should, if at all possible, be accomplished
annually on the effectiveness of this administrative arrangement in
during the grant cycle during which the "child" becomes 21 years old.
contributing to effective program implementation under the two Acts.
Moreover, in future years, with respect to individuals served by a
The conferees wish to express their concern that older American
Foster Grandparent and who approach the age of 21, transitional ar-
volunteer programs have not received sufficient emphasis or staff sup-
rangements during their twentieth year should be made to ensure the
port. at either the headquarters or regional staff levels. under the
maintenance of a companionship relationship for that individual
ACTION Agency. This is not to suggest that the overall Agency per-
(under section 211 of the Domestic Volunteer Service Act of 1973 or
sonnel ceiling should be increased. The conferees believe, however,
another comparable program) if continued need for such companian-
that with the present staffing level one way to improve this situation
ship is indicated. If it is not possible to make such an arrangement, the
would be for the ACTION Agency to establish in the Older American
Foster Grandparent relationship must be maintained.
Volunteer Program Division an Agency official primarily responsible
The conferees note that the Domestic Volunteer Service Act of 1973
for the Retired Senior Volunteer Program and another such official
provided for expansion of the successful Foster Grandparent model
primarily responsible for the Foster Grandparent/Senior Companion
by providing for the establishment of the Senior Companion program
programs. The establishment of the aging resource specialist position
to enable older low-income Americans to work with "persons (other
required in the conference substitute should be another way of improv-
than children) having exceptional needs, including * * * persons hav-
ing this situation. The conferees intend that the respective committees
ing developmental disabilities or other special needs for companion-
will review the effectiveness of the aging resource specialist arrange-
ship." This newer program was intended to complement the Foster
ment provided for in the conference substitute after receiving the fiscal
Grandparent effort by providing for similar services to those 21 and
year 1976 first annual report from the Director of the ACTION
over. It should also be used, on a prioritv basis, to ensure a continuation
Agency and the Commissioner on Aging.
of companionship, where needed. for "children" who become 21 years
The conferees note their disapproval of the manner in which the
old while being served by the Foster Grandparent program. Indeed,
ACTION Agency has dealt with the question of establishing a maxi-
for those presently served mentally retarded "children". the statutory
mum age after which children are no longer eligible to be served by
purpose of the Senior Companion program-to serve "persons (other
Foster Grandparents. Of special concern are instances where the
than children) having developmental disabilities"-clearly envisions
Agency has acted in a way which has caused the termination or dis-
such a continuation.
ruption of established relationships between Foster Grandparents and
The conferees thus believe that the ACTION Agency should estab-
their "grandchildren" when the child reaches the age of 18.
lish. to the maximum extent possible. at appropriate Foster Grand-
The conferees believe that generally there can be no hard and fast
parent program sites, Senior Companion program components under
cut-off point for the maximum age after which a "child" is no longer
the administration of a single director, SO that these two programs can
52
53
complement each other. This would enable a transitional mechanism
discrimination under, any program or activity receiving Federal
to be established for transferring the Older American participants
funds. Section provided the following exceptions to the general
from the Foster Grandparent program to the Senior Companion pro-
rule prohibiting discrimination on the basis of age: (1) any person
gram, when appropriate, in a smooth and orderly process with com-
may take any action which is otherwise prohibited by section 303 if,
passionate concern for all parties involved. No Foster Grandparent
in the program or activity involved, such action reasonably takes into
program or Senior Companion program should be terminated on the
account age as a factor necessary to the normal operation of the pro-
basis that a dual program arrangement is not possible at that site.
gram or activity, or the differentiation made by such action is based
It is anticipated that enactment of the fiscal year 1976 appropria-
upon reasonable factors other than age; and (2) title III does not
tions Act containing the ACTION Agency's appropriation will make
apply to any program or activity which provides any benefits or assist-
available for both the Foster Grandparent and the Senior Companion
ance to persons based on the age of such persons.
programs a combined increased level of funding. Until such funding
Section 304, relating to regulations, required the heads of Federal
flexibility is available, the conferees direct that, in order to deal with
agencies extending Federal funds to any program or activity to pre-
the immediate situation, service to all those over 21 years old presently
scribe regulations to carry out the prohibition of discrimination on
being served by the program be continued (using the mental age
the basis of age. Such section also provided that no such regulation
rather than chronological age of the person served as the basis for con-
shall take effect until it is approved by the Secretary of Health, Edu-
tinued eligibility for Foster Grandparent services).
cation and Welfare.
The conferees also are aware that State money may be available to
Section 305, relating to enforcement, provided that the head of any
fund Foster Grandparent components without regard to any federally-
Federal agency may seek to achieve compliance with regulations pre-
imposed age limitation. This is another alternative arrangement that
scribed under section 304 (1) by terminating assistance under the pro-
can be explored by the mutual agreement of the Foster Grandparent,
gram or activity involved; or (2) by any other means authorized by
the child's family, and the sponsor institution.
law.
In view of the foregoing, the conferees direct the ACTION Agency
Such section also provided that any such termination shall be
to revise its regulations to comply fully with the above-stated policies,
limited to the particular political entity or other recipient of Federal
and to ensure that each sponsor organization (which should in turn
funds involved, and shall be limited in its effect to the particular pro-
notify all Foster Grandparents and families involved) is fully ap-
gram or activity involved. Such section also provided that no termina-
prised of the policies reflected and that no existing Foster Grand-
tion of funds or other action may be taken until the head of the Federal
parent companionship relationship will be endangered under any cir-
agency involved has notified the person involved of the failure to
cimstances regardless of the age of the person presently being served.
comply with the regulations involved, and has determined that com-
pliance cannot be secured by voluntary means.
RESEARCH ON AGING ACT OF 1974
Such section also required the head of a Federal agency who has
House bill
terminated funds or taken any other action to achieve compliance to
No provision.
transmit a written report with respect to such action to the appro-
priate committees of the House of Representatives and the Senate.
Senate amendment
Section 306, relating to civil actions by the Attorney General, per-
Section 205 of the Senate amendment amended section 464 of the
mitted the Attorney General of the United States to bring a civil
Public Health Service Act to allow an additional year (until May 31,
action in any appropriate United States district court for appropriate
1976) for the development of a plan for a research program on aging.
relief if the Attorney General has reason to believe that any person is
Conference substitute
engaged in a pattern or practice in violation of title III.
The conference substitute is the same as the Senate amendment.
Section 307, relating to judicial review, provided that any action to
terminate funds or achieve compliance by any other means taken by
PROHIBITION OF DISCRIMINATION BASED ON AGE
the head of any Federal agency shall be subject to such judicial review
as may otherwise be provided by law for similar action. Such section
House bill
also provided that any person aggrieved may obtain judicial review
Title III of the House bill related to the prohibition of discrimina-
of any such action by the head of a Federal agency in accordance with
tion based on age. Section 301 of the House bill provided that title III
chapter 7 of title 5, United States Code.
may be cited as the "Age Discrimination Act of 1975".
Section 308, relating to employment practices, provided that title
Section 302, relating to statement of purpose. provided that it is
III does not authorize any action by any department or agency with
the purpose of title III to prohibit discrimination on the basis of age
respect to any employment practice of any employer, employment
in any program or activity receiving Federal financial assistance.
agency, or labor organization, except where a primary objective of the
Section 303, relating to prohibition of discrimination, provided that
Federal funds involved is to provide employment.
no person in the United States shall, on the basis of age, be excluded
Section 309, relating to definition, provided that the term "Federal
financial assistance" includes any payment made to any State or local
from participation in. be denied the benefits of, or be subjected to
government under the State and Local Fiscal Assistance Act of 1972.
54
55
Senate amendment
such action reasonably takes into account age as a factor necessary
Title III of the Senate amendment directed the Civil Rights Com-
to the normal operation of the program or activity or to the achieve-
mission to undertake a study to determine whether there is age dis-
ment of any statutory objective of the program or activity or (2)
crimination in programs or activities receiving Federal funds. The
the differentiation made by the action is based upon reasonable factors
Commission was required to report its findings and recommendations
other than age.
to the Congress and the President no later than one year after the
Section 304(b) (2) provides that title III shall not apply to any
appropriation of funds to carry out such study.
program or activity which is established by law which (1) provides
Conference substitute
benefits or assistance to persons based on the age of such persons; or
Title III of the conference substitute provides for the prohibition
(2) establishes criteria for participation which are expressed in age-
of discrimination based on age. The conference substitute incorporates
related terms or describes intended beneficiaries or target groups in
major elements of the prohibition against age discrimination in fed-
age-related groups.
erally-assisted programs and activities contained in the House bill,
Section 304(c) (1) provides that, except for public service employ-
along with an expanded version of the provisions of the Senate amend-
ment programs under the Comprehensive Employment and Training
ment relating to a study of age discrimination in such programs and
Act of 1974, nothing in title III authorizes any action by any Federal
activities to be conducted by the United States Commission on Civil
department or agency regarding any employment practice of an em-
Rights.
ployer, employment agency, or labor organization, or regarding any
Section 301 of the conference substitute provides that title III may
labor-management joint apprenticeship training program.
be cited as the "Age Discrimination Act of 1975".
Section 304 (c) (2) provides that the provisions of the Age Discrim-
Section 302 provides that it is the purpose of title III to prohibit
ination in Employment Act of 1967 are not affected by the provisions
unreasonable discrimination based on age in programs or activities
of title III.
receiving Federal financial assistance, including programs or activities
Section 305 (a) requires heads of Federal departments and agencies
receiving funds under the State and Local Fiscal Assistance Act of
to enforce age discrimination regulations by terminating financial as-
1972.
sistance or by other means authorized by law.
Section 303 provides that no person may be subjected to any dis-
Section (b) provides that a termination of financial assistance
must be limited to the funding recipient directly involved in a finding
crimination based on age in any program or activity receiving Federal
financial assistance.
of noncompliance made by the Federal department or agency. A ter-
Section (a) (1) requires the Secretary of Health, Education, and
mination of financial assistance may not be made with respect to any
Welfare to publish proposed general regulations to carry out the age
program or activity which does not receive Federal financial
discrimination prohibition. Such regulations must be published no
assistance.
later than one year after the Commission on Civil Rights transmits
Section (c) prohibits a Federal department or agency from tak-
its report under section 307(b), or two and one-half years after the
ing action to gain compliance until the person who is in noncompliance
has been notified, and the Federal department or agency has deter-
date of the enactment of title III, whichever occurs first.
Section 304(a) (2) provides that the Secretary may not publish
mined that compliance cannot be achieved by voluntary means.
Section 305 (d) provides that a Federal department or agency taking
proposed general regulations until the close of specified time periods,
during which Federal departments and agencies affected by the regu-
compliance action must transmit a report to the appropriate commit-
tees of the House and Senate regarding such action. The compliance
lations may comment upon the regulations and appropriate commit-
tees of the Congress may conduct hearings with respect to (1) com-
action may not take effect until 30 days after the transmission of such
ments made by such Federal departments and agencies: and (2) the
report. Section 305 (e) provides that the provisions of section 305 are the ex-
report which the Commission transmits under section (d).
Section (a) (3) provides that the Secretary shall publish final
clusive remedy for the enforcement of title III.
Section 306 provides for judicial review with respect to enforcement
general regulations no later than 90 days after he publishes proposed
actions taken by Federal departments or agencies under section 305.
regulations.
Section 307(a) requires the Commission on Civil Rights to (1) con-
Section (a) (4) provides that Federal departments and agencies
duct a study of unreasonable discrimination based on age in programs
extending Federal assistance must transmit to the Secretary, no later
and activities receiving Federal financial assistance; and (2) identify
than 90 days after he publishes final general regulations, proposed
any program or activity receiving Federal financial assistance in which
regulations to carry out the age discrimination prohibition. Such
there is evidence of age discrimination.
regulations must be consistent with the final general regulations pre-
Section 307 (b) requires the Commission to conduct public hearings
scribed by the Secretary. Section (a) (5) provides that no regula-
in conjunction with the study made under subsection (a). Section 307
tion prescribed under section 304 may take effect before January 1,
1979.
(c) permits the Commission to obtain analyses and studies by inde-
Section (1) provides that it is not a violation of title III for
pendent experts relating to age discrimination.
Section (d) requires the Commission to transmit a report of its
a person to take any action if, in the program or activity involved (1)
findings and its recommendations for statutory changes and adminis-
56
57
trative action, including suggested general regulations, to the Congress
The age discrimination provisions of the House bill have been modi-
and to the President. A copy of the report must be provided to each
fied in two respects by the conferees so that the difficulties resulting
Federal department or agency with respect to which the Commission
from this disagreement on fundamental policy may ultimately be re-
makes findings or recommendations. The Commission is required to
solved and the ban on unreasonable age discrimination effectively im-
transmit its report no later than 18 months after the enactment of title
plemented by Federal departments and agencies.
III.
First, as previously mentioned, the United States Commission on
Section 307 (e) requires each Federal department or agency receiv-
Civil Rights has been directed to undertake a study to identify pro-
ing the report of the Commission under subsection (d) to transmit
grams and activities receiving Federal financial assistance in which
comments and recommendations to the President and to the Committee
unreasonable age discrimination is being practiced and, in addition,
on Labor and Public Welfare of the Senate and the Committee on Ed-
to obtain the views of interested parties, including Federal depart-
ucation and Labor of the House. Such comments and recommendations
ments and agencies, on the reasonableness of any age-related distinc-
must be transmitted no later than 45 working days after the Federal
tions used in such programs and activities. The Commission is to make
denartment or agency involved receives the report of the Commission.
a report of its findings and recommendations to the Congress and the
Section 307 (f) requires the heads of Federal departments and agen-
President, along with suggested regulations for implementing the pro-
cies to cooperate with the Commission in order to assist it in carrying
hibition on age discrimination. Affected Federal departments and
out its duties.
agencies are required to respond in a timely fashion to the report of
Section 307 (g) authorizes to be appropriated such sums as may be
the Commission. This process should provide Congress with a substan-
necessary to carry out section 307.
tial body of information and, moreover, stimulate the entire Federal
Section 308 defines the terms "Commission" and "Secretary", and
establishment to address the policy issues involved.
defines the term "Federal department or agency" to mean any agency
Second, the House bill has been modified to provide that regulations
as defined in section 551 of title 5, United States Code. Such term also
issued by Federal departments and agencies shall be the sole means
includes the United States Postal Service and the Postal Rate
to éffectuate the policy against age discrimination embodied in this
Commission.
title, and the effective date for such regulations has been established as
The provisions in the House bill relating to age discrimination were
no earlier than January 1, 1979. Neither the private right to seek a
modeled on title VI of the Civil Rights Act of 1964-which authorizes
remedy through civil suit contemplated by the House bill nor the
the cutoff of funds to federally-assisted programs found guilty of
authority of the Attorney General to bring "pattern and practice" ac-
racial discrimination-but with a significant difference. Distinguish-
tions contained therein is included in the conference substitute: thus,
ing among individuals on the basis of race for purposes of determin-
implementation will proceed through a set of consistent Federal regu-
ing their eligibility to receive the benefits of, or participate in, feder-
lations rather than on a case by case method in the courts. The period
ally-assisted programs is per se unfair treatment and volative of the
of time preceding the effective date of such regulations is intended to
Constitution; in this context, race is an arbitrary distinction. But age
give the Congress ample time to re-examine the subject after the Civil
may often be a reasonable distinction for these purposes, indeed, the
Rights Commission's report is issued but before any regulations be-
prohibition against age discrimination contained in the House bill
come final or any enforcement actions are initiated. The designation
excluded cases where age is "a factor necessary to the normal opera-
of January 1, 1979, as the earliest date on which regulations under
tion of such [federally-assisted] program or activity," or where the
this title may be effective will ensure that the Commission's report,
"differentiation * is based upon reasonable factors other than age,"
the required agency comments thereon, and possibly the proposed reg-
or where the program or activity in question "provides any benefits or
ulations themselves will be issues in 1978 when the committees of the
assistance to persons based on the age of such persons".
Congress having legislative jurisdiction will be considering the re-
What the House bill implies in this regard, the conference substi-
authorization of programs under the Older Americans Act.
tute makes explicit. The purpose of the title is stated to be the prohibi-
The timetable established by the conference substitute for action
tion of unreasonable age discrimination in federally-assisted programs
under this title is as follows, assuming the full time allotted is used
and activities. The actual prohibitory language of section 303 that is
at each stage:
central to this title is modified by considerations of reasonableness, as
(a) Eighteen months after enactment-Civil Rights Commission to
the exclusions quoted in the preceding paragraph make clear. More-
issue its report.
over, the Civil Rights Commission is directed to conduct a study of
(b) Forty-five working days thereafter-submission of the com-
"unreasonable discrimination based on age," to identify programs in
ments and recommendations of Federal departments and agencies af-
which "otherwise qualified" persons are barred because of age.
fected by the Commission's report.
The difficulty, obviously, lies in establishing what age-related dis-
(c) Forty-five days following the submission of agency comments-
tinctions are "reasonable" with respect to each federally-assisted pro-
period for congressional hearings on the report and comments, count-
gram or activity, and on this there is not a clear consensus among the
ing only days in which both Houses of the Congress are in session. The
conferees. There are basic differences on the extent to which age may
appropriate committees of the Congress may also hold hearings on
validly be taken into account by program administrators in determin-
this matter at such other times as they may choose: this provision is
ing who is eligible to participate in programs, in the absence of sta-
intended only to suggest a time reference for such hearings.
tutorily-established criteria regarding age.
59
58
approve the proposed regulations have been introduced in both the
(d) One year following transmission of the Commission's report,
Senate and the House of Representatives. It is the expectation of the
or two and one-half years after enactment, whichever comes first, but
conferees that the disputed issues raised by the proposed regulations
not before expiration of the two periods of forty-five days each men-
will be resolved one way or the other, but without regard to the provi-
tioned in (b) and (c), above-the Secretary of the Department of
sions of this title. Once those issues are resolved and final regulations
Health, Education, and Welfare shall publish proposed general regu-
are adopted, the conferees intend that regulations for the enforcement
lations to implement the prohibition against age discrimination con-
of this title be consistent with the overall regulatory structure.
tained in this title.
In conclusion, the conferees wish to stress the importance of the
(e) Ninety days after publication of such proposed regulations—
study of age discrimination in federally-assisted programs to be con-
the Secretary shall publish final general regulations for implementa-
ducted by the Civil Rights Commission, and the report and recom-
tion of this title.
mendations of the Commission based on such study. Where there is
(f) Ninety days after publication of such general regulations-
found evidence that participation in such programs is affected by dis-
each Federal department and agency which provides Federal financial
tinctions based on age, then the Commission ought to consider the
assistance to programs or activities (including HEW) shall publish
reasonableness of such distinctions and, where appropriate, review the
regulations for implementing this title as applied to such programs or
social, economic, legal, and administrative effects of alternative re-
activities, which regulations shall be consistent with the general regu-
sponses to the question of what is reasonable in each case. A thorough,
lations issued by the Secretary of Health, Education, and Welfare.
objective, and thoughtful study of this subject is essential to a final
(g) January 1, 1979-Earliest date on which regulations issued pur-
resolution by the Congress of the difficult policy issues that are left
suant to this title may be effective.
undecided by this legislation.
Several other changes made by the conference substitute merit com-
CARL D. PERKINS,
ment. Section 304 sets forth the exclusions from coverage by this
JOHN BRADEMAS,
title in substantially the same form as in the House bill, but with some
PATSY T. MINK,
additional language included to clarify congressional intent. Under
LLOYD MEEDS,
subsection (b) (1) (A), in language taken from the House bill, what
SHIRLEY CHISHOLM,
would otherwise be a prohibited discriminatory action is excluded if
WILLIAM LEHMAN,
"such action reasonably takes into account age as a factor necessary to
ROBERT J. CORNELL,
the normal operation" of the program or activity. To this, the con-
EDWARD P. BEARD,
ferees have added the further provision that such action is not pro-
LEO C. ZEFERETTI,
hibited if it reasonably takes into account "the achievement of any
GEORGE MILLER,
statutory objective" of the program or activity involved.
TIM L. HALL,
In section (b) (2), the language of the House bill excluded from
ALBERT H. QUIE,
coverage of this title programs for which the law provides benefits to
ALPHONZO BELL,
persons based on such person's age, such as with Social Security. The
PETER A. PEYSER,
conferees have expanded this concept SO as to exclude, as well, pro-
JAMES M. JEFFORDS,
grams for which the law describes intended beneficiaries or target
LARRY PRESSLER,
groups in age-related terms without reference to specific chronologi-
Managers on the Part of the House.
cal age, as in the use of such terms as "older Americans", or "elderly",
THOMAS F. EAGLETON,
or "children".
ALAN CRANSTON.
The conferees have further modified provisions in the House bill to
EDWARD M. KENNEDY,
make clear that employment practices (except for public service em-
JENNINGS RANDOLPH,
ployment under the Comprehensive Employment and Training Act
HARRISON A. WILLIAMS,
of 1974) and admission to labor-management joint apprenticeship
CLAIBORNE PELL,
training programs are not covered by this title. A provision has also
GAYLORD NELSON,
been added to state that this title in no way affects enforcement of the
J. GLENN BEALL, Jr.,
Age Discrimination in Employment Act of 1967.
RICHARD SCHWEIKER,
The provisions of the House bill that deal with enforcement and ju-
BoB TAFT, Jr.,
dicial review have been retained with only minor changes.
ROBERT T. STAFFORD,
These provisions were also taken from title VI of the Civil Rights
Managers on the Part of the Senate.
Act of 1964. There are currently pending revised regulations proposed
by the Secretary of Health, Education, and Welfare to establish a
0
new enforcement scheme with respect to prohibited discrimination in
federally assisted programs. The adoption of title VI-type provisions
in this title is in no way intended to convey or imply any endorse-
ment or approval of such proposed regulations. Resolutions to dis-
OFFICE OF MANAGEMENT AND BUDGET
ROUTE SLIP
TO Sarah Massengale
Take necessary action
Room 220 OEB
Approval or signature
Comment
Prepare reply
Discuss with me
For your information
X
See remarks below
FROM Paul L. Fairley
DATE 9/2/75
REMARKS
FYI.
I think these will Provide an
overview of the OAA bills.
There may be "typos" in the
Comparison - should any questions
arise, feel free to call.
PF.
FORD & LIBRARY CERALD
OMB FORM 4
REV AUG 70
HEALTH, EDUCATION, AND WELFARE
SUBJECT: OLDER AMERICANS ACT EXTENSION (includes amendments
to other Acts)
SENATE BILL: )
-
H.R. 3922 (Brademas (D) Ind., Perkins (D) Ky.,
HOUSE BILL : )
Quie (R) Minn., and 22 others)
PROVISIONS: The House-passed and Senate-passed versions of
H.R. 3922 are in conference. The two versions differ in the
following ways on major provisions:
Extension of the Older Americans Act
-- House version would extend authorizations for 4 years
beyond the Act's 6/30/75 expiration date. Title VII--Nutrition
Program for the Elderly--which expires at the end of FY 1977,
would be extended for 2 years, also through FY 1979.
--- Senate version would extend the Act's authorizations
for 2 years, through FY 1977, and would not extend Title VII.
New activities
-- House version would add a new Title VIII providing new
authority for Special Service Programs, including transporta-
tion, homemaker services, housing repair and mortgage
interest reduction. Authorization for Title VIII would be
added to Title III--the State grant title--with the proviso
that not less than 20% of Title III appropriations be used
to finance these new activities.
-- Senate version would add three new service programs to
Title III--transportation, homemaker services, and legal
counseling. It would also expand the Model Projects section
to include ombudsmen services for nursing home residents and
financial assistance for senior ambulatory care day centers.
USDA's role in Title VII nutrition program
-- House version would add a new requirement that USDA
purchase beef and dairy products for use in the Title VII
nutrition program, authorizing $10 million for FY 1976.
-- Senate version would increase the level of assistance
to be provided by USDA for surplus commodities for the
nutrition program from 10¢ to 25¢ per meal in FY 1976 and
to 50¢ per meal in FY 1977.
7/23/75
SUBJECT: OLDER AMERICANS ACT EXTENSION (Page 2)
Funding for Indians
-- House version would provide direct Federal funding for
Indian tribes on State and Federal reservations.
-- Senate version would authorize the Commissioner on
Aging to provide direct funding to Indian tribes when he
determines they are not receiving their fair share from
the States.
Age Discrimination
-- House version would add a new title, the "Age
Discrimination Act of 1975," which would prohibit discrimi-
nation on the basis of age in any federally-assisted program,
except where age is "reasonably" taken into account.
-- Senate version would authorize the Civil Rights
Commission to conduct a one-year study of age discrimination
in federally-assisted programs or activities and to report
its findings.
Older Americans Community Service Employment Act (Labor)
-- House version would authorize an additional $700 million
over the next four years ($100 million for FY 1976 increasing
to $250 million for FY 1979).
-- Senate version would authorize $488 million over the
next three years for this program.
Domestic Volunteer Service Act (ACTION)
-- House version would extend for 3 years beyond FY 1976
and increase authorizations for ACTION's Retired Senior
Volunteer Program (RSVP) and Foster Grandparent Program.
It would also amend the Act to provide for a coordinator
for Older Americans Programs funded by ACTION but located
in each State agency on Aging.
--- Senate version does not contain these provisions.
Conference Action
HEW staff have learned that the conferees:
1. have agreed to a 3-year extension.
7/23/75
SUBJECT: OLDER AMERICANS ACT EXTENSION (Page 3)
2. have killed the House version's new Title VIII activities
but have added renovation and repair activities.
3. have agreed to the Senate provision on Indian funding.
The conferees are (a) considering a provision on age
discrimination to provide for a 1-year study of the problem
and then to require all agencies to draft regulations to
remedy abuses found by the study, subject to congressional
approval (b) have not yet decided what to do about the House
version's amendments to the Domestic Volunteer Service Act
(ACTION), and (c) are considering changing the allocation
formula in the Older American Community Service Employment Act.
ADMINISTRATION OBJECTIONS AND POSITION: HEW submitted draft
legislation to the Congress (S. 599) to extend the authoriza-
tions of the Older Americans Act with a few relatively minor
changes. The Administration's bill proposed extending the Act
for 2 years and authorized $206 million for that period.
The House- and Senate-passed bills are objectionable in the
following major respects:
Authorizations--Both versions contain authorizations
substantially above the President's Budget, as indicated
below.
New activities--The House's new Title VIII and the Senate's
new activities are highly objectionable because they duplicate
services which can be funded under the Older Americans Act
or other statutes. For example, the transportation authority
duplicates DOT authorities; renovation and repair activities
duplicate HUD authority. HEW has requested reduced funding
levels for Model Projects over the past two fiscal years, in
contrast to the Senate's proposed expansions.
Age Discrimination--The House version does not address
administrative issues and legal questions which need further
consideration. The Administration favors adoption of the
Senate version which provides for a study of age discrimina-
tion in Federal programs.
Older American Community Service Employment Act--The
Administration opposes extension of the authorizations for
this Act, which was enacted over the Administration's objections
and for which no funding has ever been requested. Authority
7/23/75
SUBJECT: OLDER AMERICANS ACT EXTENSION (Page 4)
and adequate funding for this type of activity are available
under the Comprehensive Employment and Training Act (CETA)
USDA's role in nutrition program--The Administration is
opposed to increasing assistance provided for nutrition
programs. USDA has received complaints that food donated
has created significant problems with regard to storage,
menu planning, and dietary problems. The proposed changes
would compound these problems. Furthermore, the Department
would be in the market competing with the consumer for the
purchase of nonsurplus meat.
Funding for Indians--The Administration favors the Senate
version under which the Commissioner on Aging would be
authorized to provide direct funding to Indian tribes when
he determines they are not receiving their fair share from
the States.
Domestic Volunteer Service Act--The Administration is opposed
to the amendments and increased authorizations contained in
the House version. Consideration of extension of ACTION's
older volunteer programs should be undertaken in the context
of the renewal of the Domestic Volunteer Service Act.
BUDGET IMPACT:
House Bill: The total authorization for FYs 1976-1979,
including the transition quarter, is $2.6 billion, exclusive
of "such sums" authorizations.
Authorizations for the Older Americans Act programs (Titles
III and VII) total $1.6 billion. The FY 1976 Budget requested
$201 million for these activities. Assuming full funding of
the authorizations, outlay estimates for FY 1976 plus the
transition quarter, would be $85 million above the 1976 Budget
estimates and FY 1977 outlay estimates would be $134 million
above the 1976 Budget estimates for that year.
The Older American Community Service Employment Act authoriza-
tions total $700 million. The Administration has never re-
quested funds for this program. However, Congress appropriated
$12 million for this program in FY 1975 and included $30
million in the continuing resolution for FY 1976. Under
similar assumptions as above, outlays for FY 1976 (and
transition quarter) would be $100 million; for FY 1977, outlays
would be $150 million.
The authorizations for ACTION's programs total $87.4 million
for RSVP and $174.7 million for Foster Grandparents for
FYs 1977-79. Current annual funding for these programs is
$17.5 million and $25.9 million, respectively.
7/23/75
SUBJECT: OLDER AMERICANS ACT EXTENSION (Page 5)
Senate Bill: The total authorization for FYs 1976 and 1977
including the transition quarter is $1.6 billion, exclusive
of "such sums" authorizations. (Note: includes Title IX
authorization through FY 1978)
Authorizations for the Older Americans Act programs total
$1.1 billion. Assuming full funding, outlay estimates for
FY 1976 (and transition quarter) would be $161 million above
the 1976 Budget estimates for that year.
The Older American Community Service Employment Act authoriza-
tions total $488 million. Under similar assumptions as above,
outlays would be the same as described for the House bill
There is no Senate bill provision for the RSVP and Foster
Grandparents programs.
STATUS: HEW testified before the House Subcte on 1/30 supporting
the Administration's draft bill to extend the Older Americans
Act. HEW and Labor wrote Cong. Rhodes on 3/20 stating that
enactment of H.R. 3922 would be not consistent with the
Administration's objectives. HEW testified before the
Senate Subcte on Aging on 4/16 supporting the Administration's
bill and opposing the House-passed H.R. 3922. Agencies
reported to the Senate Cte that enactment of H.R. 3922 would
be not consistent with the Administration's objectives, and
are writing to the conferees concerning the objectionable
provisions in both versions.
4/8
House passed H.R. 3922 (377-19).
6/26
Senate passed H.R. 3922 (voice vote).
7/9
House agreed to conference asked by the Senate.
7/21
Conferees met and are scheduled to meet again on
7/29.
7/23/75
E-31
HEALTH, EDUCATION, AND WELFARE
SUBJECT: OLDER AMERICANS ACT EXTENSION (includes amendments
to other Acts)
SENATE BILL: )
-
H.R. 3922 (Brademas (D) Ind., Perkins (D) Ky.,
HOUSE BILL : )
Quie (R) Minn., and 22 others)
PROVISIONS: The House-passed and Senate-passed versions of
H.R. 3922 are in conference. The two versions differ in the
following ways on major provisions:
Extension of the Older Americans Act
-- House version would extend authorizations for 4 years
beyond the Act's 6/30/75 expiration date. Title VII--Nutrition
Program for the Elderly--which expires at the end of FY 1977,
would be extended for 2 years, also through FY 1979.
-- Senate version would extend the Act's authorizations
for 2 years, through FY 1977, and would not extend Title VII.
New activities
-- House version would add a new Title VIII providing new
authority for Special Service Programs, including transporta-
tion, homemaker services, housing repair and mortgage
interest reduction. Authorization for Title VIII would be
added to Title III--the State grant title--with the proviso
that not less than 20% of Title III appropriations be used
to finance these new activities.
-- Senate version would add three new service programs to
Title III--transportation, homemaker services, and legal
counseling. It would also expand the Model Projects section
to include ombudsmen services for nursing home residents and
financial assistance for senior ambulatory care day centers.
USDA's role in Title VII nutrition program
-- House version would add a new requirement that USDA
purchase beef and dairy products for use in the Title VII
nutrition program, authorizing $10 million for FY 1976.
-- Senate version would increase the level of assistance
to be provided by USDA for surplus commodities for the
nutrition program from 10¢ to 25¢ per meal in FY 1976 and
to 50¢ per meal in FY 1977.
FORD LIBRARY & GERALD
7/23/75
E-31 (Cont'd)
SUBJECT: OLDER AMERICANS ACT EXTENSION (Page 2)
Funding for Indians
-- House version would provide direct Federal funding for
Indian tribes on State and Federal reservations.
-- Senate version would authorize the Commissioner on
Aging to provide direct funding to Indian tribes when he
determines they are not receiving their fair share from
the States.
Age Discrimination
-- House version would add a new title, the "Age
Discrimination Act of 1975," which would prohibit discrimi-
nation on the basis of age in any federally-assisted program,
except where age is "reasonably" taken into account.
-- Senate version would authorize the Civil Rights
Commission to conduct a one-year study of age discrimination
in federally-assisted programs or activities and to report
its findings.
Older Americans Community Service Employment Act (Labor)
-- House version would authorize an additional $700 million
over the next four years ($100 million for FY 1976 increasing
to $250 million for FY 1979).
-- Senate version would authorize $488 million over the
next three years for this program.
Domestic Volunteer Service Act (ACTION)
--- House version would extend for 3 years beyond FY 1976
and increase authorizations for ACTION's Retired Senior
Volunteer Program (RSVP) and Foster Grandparent Program.
It would also amend the Act to provide for a coordinator
for Older Americans Programs funded by ACTION but located
in each State agency on Aging.
-- Senate version does not contain these provisions.
Conference Action
HEW staff have learned that the conferees:
1. have agreed to a 3-year extension. (1978)
7/23/75
E-31 (Cont'd)
SUBJECT: OLDER AMERICANS ACT EXTENSION (Page 3)
2. have killed the House version's new Title VIII activities
but have added home renovation and repair activities to the
Senate's new service activities (transportation, homemaker
services and legal counseling). Not less than 20% of
Title III appropriations, State grants, will have to be used
to finance these new activities.
3. have agreed to the Senate provision on Indian funding.
The conferees are (a) considering a provision on age
discrimination to provide for a 1-year study of the problem
and then to require all agencies to draft regulations to
remedy abuses found by the study, subject to congressional
approval (b) have not yet decided what to do about the House
version's amendments to the Domestic Volunteer Service Act
(ACTION), (c) considering changing the allocation formula
in the Older American Community Service Employment Act, and
(d) considering allowing States to use 3/4's of 1% of
Title III grants for administrative expenses.
ADMINISTRATION OBJECTIONS AND POSITION: HEW submitted draft
legislation to the Congress (S. 599) to extend the authoriza-
tions of the Older Americans Act with a few relatively minor
changes. The Administration's bill proposed extending the Act
for 2 years and authorized $206 million for that period.
The House- and Senate-passed bills are objectionable in the
following major respects:
Authorizations--Both versions contain authorizations
substantially above the President's Budget, as indicated
below.
New activities--The House's new Title VIII and the Senate's
new activities are highly objectionable because they duplicate
services which can be funded under the Older Americans Act
or other statutes. For example, the transportation authority
duplicates DOT authorities; renovation and repair activities
duplicate HUD authority. HEW has requested reduced funding
levels for Model Projects over the past two fiscal years, in
contrast to the Senate's proposed expansions.
Age Discrimination--The House version does not address
administrative issues and legal questions which need further
OK
consideration. The Administration favors adoption of the
Senate version which provides for a study of age discrimina-
tion in Federal programs.
Older American Community Service Employment Act--The
Administration opposes extension of the authorizations for
note
this Act, which was enacted over the Administration's objections
and for which no funding has ever been requested. Authority
8/12/75
E-31 (Cont'd)
SUBJECT: OLDER AMERICANS ACT EXTENSION (Page 4)
and adequate funding for this type of activity are available
under the Comprehensive Employment and Training Act (CETA).
USDA's role in nutrition program--The Administration is
opposed to increasing assistance provided for nutrition
programs. USDA has received complaints that food donated
has created significant problems with regard to storage,
menu planning, and dietary problems. The proposed changes
would compound these problems. Furthermore, the Department
would be in the market competing with the consumer for the
purchase of nonsurplus meat.
Funding for Indians--The Administration favors the Senate
version under which the Commissioner on Aging would be
authorized to provide direct funding to Indian tribes when
he determines they are not receiving their fair share from
the States.
Domestic Volunteer Service Act--The Administration is opposed
to the amendments and increased authorizations contained in
the House version. Consideration of extension of ACTION's
older volunteer programs should be undertaken in the context
of the renewal of the Domestic Volunteer Service Act.
BUDGET IMPACT:
House Bill: The total authorization for FYs 1976-1979,
including the transition quarter, is $2.6 billion, exclusive
of "such sums" authorizations.
Authorizations for the Older Americans Act programs (Titles
III and VII) total $1.6 billion. The FY 1976 Budget requested
$201 million for these activities. Assuming full funding of
the authorizations, outlay estimates for FY 1976 plus the
transition quarter, would be $85 million above the 1976 Budget
estimates and FY 1977 outlay estimates would be $134 million
above the 1976 Budget estimates for that year.
The Older American Community Service Employment Act authoriza-
tions total $700 million. The Administration has never re-
quested funds for this program. However, Congress appropriated
$12 million for this program in FY 1975 and included $30
million in the continuing resolution for FY 1976. Under
similar assumptions as above, outlays for FY 1976 (and
transition quarter) would be $100 million; for FY 1977, outlays
would be $150 million.
The authorizations for ACTION's programs total $87.4 million
for RSVP and $174.7 million for Foster Grandparents for
FYs 1977-79. Current annual funding for these programs is
$17.5 million and $25.9 million, respectively.
7/23/75
E-31 (Cont'd)
SUBJECT: OLDER AMERICANS ACT EXTENSION (Page 5)
Senate Bill: The total authorization for FYs 1976 and 1977
including the transition quarter is $1.6 billion, exclusive
of "such sums" authorizations. (Note: includes Title IX
authorization through FY 1978)
Authorizations for the Older Americans Act programs total
$1.1 billion. Assuming full funding, outlay estimates for
FY 1976 (and transition quarter) would be $161 million above
the 1976 Budget estimates for that year.
The Older American Community Service Employment Act authoriza-
tions total $488 million. Under similar assumptions as above,
outlays would be the same as described for the House bill.
There is no Senate bill provision for the RSVP and Foster
Grandparents programs.
STATUS: HEW testified before the House Subcte on 1/30 supporting
the Administration's draft bill to extend the Older Americans
Act. HEW and Labor wrote Cong. Rhodes on 3/20 stating that
enactment of H.R. 3922 would be not consistent with the
Administration's objectives. HEW testified before the
Senate Subcte on Aging on 4/16 supporting the Administration's
bill and opposing the House-passed H.R. 3922. Agencies
reported to the Senate Cte that enactment of H.R. 3922 would
be not consistent with the Administration's objectives, and
are writing to the conferees concerning the objectionable
provisions in both versions.
4/8
House passed H.R. 3922 (377-19).
6/26 Senate passed H.R. 3922 (voice vote).
7/9
House agreed to conference asked by the Senate.
11/17
Conference report filed in House (details later)
11/19 passed House 406-6
11/20 ' Senate 89-0
11/17/75
DRAFT
LIBRARY
MEMORANDUM FOR THE DEPUTY DIRECTOR
REPORD
078870
Subject: Comparison of Three Proposals to Amend The Older Americans Act of 1965, As Amended June 30, 1975
H.R. 3922 (Brademas) As
H.R. 3922 As passed by
S.599 (Beall, for Administra-
Subject
Passed by House 4-7-75
Senate, 6-26-75*
tion) As Introduced 2-7-75
1. Extension of auth-
1. Would extend Act's authoriza-
1. Would extend authorizations
1. Would extend Act's authorizations,
orizations
tions, as follows:
as follows:
as follows:
Sec. 204(c) (Clear-
"such sums..." (as at present)
"such sums..." (through
$200,000 (instead of "such sums...")
inghouse):
through Sept. 30, 1979
Sept. 30, 1977
each for fiscal years 1976 and 1977
Sec. 303(a) (Area
FY 1976..$180,000,000
FY'76..$200,000,000
FY 1976
$91,000,000
Planning and Social
7-1-76 to 9-30-76.. $57,750,000
7-1-76 to 9-30-76..$60,000,000
Fy 1977
91,000,000
Service Programs):
FY 1977..$231,000,000
FY'77..$240,000,000
FY 1978 $287,200,000
FY 1979..$349,640,000
Sec. 308(b) (Model
"such sums..." (as at present)
"such sums..." through
$5,000,000 (instead of "such sums...")
Projects)
through Sept. 30, 1979
Sept. 30, 1977
each for fiscal years 1976 and 1977
Sec. 309 (Transpor-
No extension of authorization
FY'76..50,000,000
No extension of authorization
tation Projects)
7-1-76 to 9-30-76. 12,500,000
FY'77..50,000,000
Sec. 431 (Training,
"such sums..." (as at present)
"such sums..." through
$7,000,000 (instead of "such sums...")
Research, and Develop-
through Sept. 30, 1979
Sept. 30, 1977
each for fiscal years 1976 and 1977
ment, and Multi-
disciplinary Centers)
Sec. 505 (Acquisition,
"such sums. " (as at present) through
"such sums..." through
No extension of
Alteration, or Renova-
Sept. 30, 1979
Sept. 30, 1977
authorization
tion of Multipurpose
Senior Centers)
Sec. 511 (Initial Staff-
No extension of authorization
No extension of
No extension of
ing of Multipurpose
authorization
authorization
Senior Centers)
7-1-76 to 9-30-76. $62,500,000
Sec. 708 (Nutrition
FY 1978 $275,000,000
No extension of authoriza-
Program for the Elderly)
FY 1979 300,000,000
tion beyond FY'77 (as pro-
vided in existing law),
but would increase FY 1976
authorization from
$200,000,000 to $225,000,000
and would increase FY 1977
authorization from
$250,000,000 to $275,000,000
*S. 1425 (Eagleton) As
Ordered Reported 6-20-75
H.R. 3922 (Brademas) As
DRAFT
H.R. 3922 As passed by
S.599 (Beall, for Administra-
Subject
Passed by House 4-7-75
Senate, 6-26-75
tion) As Introduced 2-7-75
2. Provides authorizations for three-month
2.
Provides authorizations for
2. Makes no specific provision
2. Specific authorizations
for period July 1-Sept.
period of changeover from fiscal years ending
three-month period of change
for the three-month change-
30, '76
June 30 to fiscal years ending September 30.
over from fiscal years end-
over period.
ing June 30 to fiscal years
ending September 30.
Preference for services
3. No proposal to amend present law.
3.
Would require State plans to
3. Proposes to give statutory
3.
for low income, racial
provide for taking into
preference in Title III pro-
account the needs of low-
minority, or limited
grams (as is already required
English-speaking
income older persons (See
in Sec. 705 of the Act with
individuals
item 10, below), and would
respect to provision of serv-
ices in Title VII nutrition
require the Commissioner,
programs) to low-income,
in making model project
minority, and limited
grants, to place special
English-speaking individuals.
emphasis on the needs of
Would amend Sec. 705 to con-
low-income, minority,
form its language to the new
Indian, and limited-English
language proposed for Title III.
individuals (See item 11,
below).
4. Extension of time for
4. Would extend until January 1,
4. Would extend deadline until
1976 the deadline for trans-
January 1, 1976.
Federal Council on the
Aging studies
mitting two reports of FCA,
resulting from studies which
it is required by law to make.
5. Proposes numerous technical
5. Proposes numerous technical amend-
5. Technical Amendments
amendments, many of which
ments of the Act, having little,
duplicate those proposed in
if any, substantive effect, to
S.599, Administration bill.
correct errors in the Act.
6. Proposed new Title VIII
6. Contains no proposal similar
6. Contains no proposal similar to
6. Proposes a new Title VIII for
to Title VIII proposal of
Title VIII proposal of H.R. 3922.
the Act, entitled, "Special
Service Programs for the Elderly"
H.R. 3922
Would require each State with a
State plan to use at least 20
percent of its Title III allot-
ment (area planning and social
service programs) for four types
of special emphasis programs:
(1) homemaker and other home
services; (2) counseling assist-
ance; (3) residential repairs
and renovations; and (4) trans-
portation. Each State agency on
aging would disburse funds from
its Title III allotment to
public or private non-profit
institutions, organizations, or agencies, or
to political subdivisions, which agree to
establish one or more of these special
emphasis programs for the elderly. Contains
a "maintenance of effort" provision, which
assures that States and communities will
spend 20% of their Title III funds for
services in addition to, not in lieu of,
current expenditures in these areas. Would
also provide for a program of mortgage
interest reduction to assist the conversion
and renovation of housing for the elderly.
H.R. 3922 (Brademas) As
DRAFT.
H.R. 3922 As passed by
S.599 (Beall, for Administra-
Subject
Passed by House 4-7-75
Senate, 6-26-75
tion) As Introduced 2-7-75
Proposed new Title IX
7. Proposes to repeal Title IX of the Older
7. Contains Title IX proposal,
7. Contains no such proposal.
Americans Comprehensive Services Amendments
which, except for proposed
of 1973 (P.L. 93-29), and to reenact it, with
authorizations, is similar
amendments, as a new Title IX of the Older
in most respects to Title IX
Americans Act. As amended, it would authorize
proposal of H.R. 3922. Pro-
$100,000,000 for each of fiscal years 1975
poses authorizations of
and 1976; $37,500,000 for the transition
$100,000,000 for FY 1976;
period from July 1 to Sept. 30, 1976;
$37,500,000 for the period
$150,000,000 for FY 1977; $200,000,000 for
beginning 7-1-76 and ending
FY 1978 and $250,000,000 for FY 1979 for
9-30-76; $150,000,000 for
the Secretary of Labor to enter
FY 1977; and $200,000,000
into agreements with public or
for FY 1978.
private non-profit agencies or
organizations including national
organizations, agencies of a
State government or political
subdivision, or Indian tribes on
Federal or State reservations,
to provide community service
employment for older Americans.
In allotting sums appropriated
for each fiscal year, the
Secretary would be required first
to reserve such sums as may be
necessary to permit national
organizations currently funded
under Title IX to maintain the
level of activities supported in
FY 1975. The remainder of such
sums is to be allotted on the
basis of the ratio of the number
of low-income persons age 55 and
older in the State to the number
of 10W income persons age 55 and
older in States, except that
no territory could be
allorted less than certain
minimum allotments stated in
the bill.
8. Joint Funding
8. Would amend the Older Americans
8. Like House bill, would provide
Act to provide that the provi-
8. Contains no such proposal.
sions and requirements of the
that P.L. 93-510 would not apply
to the Older Americans Act. How-
Joint Funding Simplification Act
(P.L. 93-510, Dec. 5, 1974) would
ever, would provide that an
not apply to the Older Americans
area agency on aging (or, in
areas of a State where no such
Act. The Joint Funding Simpli-
fication Act contains provisions
agency has been designated, the
State agency) is authorized
which encourage Federal-State
arrangements under which local
to enter into agreements with
rehabilitation and human serv-
governments and private, non-
profit organizations may combine
ice agencies. to develop and
State and Federal resources in
implement plans for meeting the
support of projects of common
common need for transportation
services of their clients and
interest to the governments and
organizations concerned, in-
older Americans participating in
cluding development of regula-
programs authorized by Titles
tions on joint support activities,
III and VII of the Older Americans
simplifying procedures for pro-
Act; and would authorize Title
III and Title VII funds to be
cess of applications, establish-
-4-
H.R. 3922 (Brademas) As
DRAFT
H.R. 3922 As passed by
S.599 (Beall, for Administra-
Subject
Passed by House 4-7-75
Senate, 6-26-75
tion) As Introduced 2-7-75
8. continued
8. continued
ment of uniform technical or
used to purchase transportation
administrative requirements for
services for older persons and
similar programs, and establish-
to be pooled with funds made
ment of joint funding procedures.
available for transportation of
In addition, Section 7 of the
rehabilitation and welfare
Act allows agency heads, with
clients. (See Section 105 - State
the approval of the President,
and area plan requirements)
to "delegate to other Federal
agencies powers and functions
relating to the supervision or
administration of Federal
assistance, or otherwise arrange
for other agencies to perform
such activities
"
9. Direct allotments to
9. Would amend the Title III allot-
9. Contains provision similar in
9. Contains no such proposal.
Indian tribes
ment provision (Sec. 303 (b)) to
many respects to that of
provide for direct allotments
H.R. 3922, but direct allot-
for each Indian tribe on Federal
ments would be made to Indian
or State reservations. The
tribes only where the
Commissioner would reserve an
Commissioner determines that
amount of the total Title III
members of an Indian tribe in
appropriation based on the ratio
a State are not receiving their
of the population of all Indians
fair share of a State's Title
60+ on all Federal and State
III benefits and would be better
reservations to the population
served by a direct allotment.
of all persons 60+ in all States.
From these sums, each Indian
tribe on a reservation would be
allotted 100 to 105% of an
amount based on the ratio of
the population of Indians age
60+ on that reservation to the
population of all Indians age
60+ on all reservations. Eli-
gibility for funds would be
dependent upon submission to the
Commissioner of a plan for use
of the funds, and on criteria
in regulations by the.
Commissioner. Funds allotted to
a tribe which would not use them
could be reallotted to another
tribe.
H.R. 3922 (Brademas) As
PRAFT
H.R. 3922 As passed by
S.599 (Beall, for Administra-
Subject
Passed by House 4-7-75
Senate, 6-26-75
tion) As Introduced 2-7-75
10. State and area plan require- 10. Would require State and area
10. Contains no proposal regarding a
10. Contains no such proposal.
ments
plans, in addition to present
new Title VIII, but would require
requirements, to "provide for the
States to coordinate activities
establishment of programs to
under the State plan with the
provide assistance to older per-
provision of services to the
sons as described in. (the pro-
elderly under Title XX of the
posed new) Title VIII."
Social Security Act, would
require that the needs of low-
income elderly be taken into
account in developing and imple-
menting the State plan, and would
require that the relative distri-
bution of older persons residing
in rural and urban areas within
the State be taken into account
in developing and implementing
the State plan.
11. Model projects
11. Would amend Sec. 308, the model
11. Would not repeal the present
11. Only proposal regarding Sec. 308
projects section of the Act, to
requirement of Sec. 308 that
is proposed two-year extension of
repeal the present requirement
special consideration be given
authorization. (See item 1)
that special consideration be
to grants and contracts for
given to grants and contracts
housing; continuing education;
for housing; continuing educa,
preretirement education, infor-
tion, information, and relevant
mation, and relevant services;
services; and services to meet
and services to meet needs of
needs of physically and mentally
physical and mentally impaired
impaired older persons. However,
older persons. Would specifi-
would specifically include among
cally include among the types
the type of model projects to be
of model projects to be funded,
funded, projects to provide
"projects to provide continuing
continuing education to older
education to older persons
persons and projects to provide
and projects to provide pre-
preretirement education, infor-
retirement education, informa-
mation, and relevant services."
tion, and relevant services"
(as would H.R. 3922). In addi-
tion, would include projects to
improve delivery of services
and meet the needs of low income
minority, and limited English-
speaking groups that are not
receiving adequate services
under the Act, those to encourage
the participation of older
persons in activities connected
with the celebration of the
American Bicentennial; and those
to assist older persons to remain
outside institutions and to
maintain independent living.
H.R. 3922 (Brademas) As
DRAFT
H.R. 3922 As passed by
S.599 (Beall, for A inistra-
Subject
Passed by House 4-7-75
Senate, 6-26-75
tion) As Introduced 2-7-75
12. Training of persons to
12. Proposes Sec. 404 amendment
12. Contains no such proposal.
12. Would amend Sec. 404 ("Training
perform counseling and
Programs for Personnel in the
which is substantially similar
monitoring functions
Field of Aging") to authorize
to that which is proposed by
grants to assist in the training
H.R. 3922, but would, in addition
of lawyers, lay advocates, and
authorize grants for training
paraprofessional persons who will
of persons employed by or
provide legal counseling to older
associated with public or private
persons or monitor the administra-
nonprofit entities, who will identify
tion of public or private non-
legal problems affecting older
profit programs designed to
persons; develop solutions, and
mobilize the resources of the
provide assistance or services to
older persons, including nursing
community to respond to their
home programs.
legal needs. Proposed other
Sec. 404 amendments, discussed
in item 13, below.
13. Other Amendments of
13. Proposes no amendments of Title IV,
13. In addition to proposal dis-
Title IV, Part A (Train
Part B, other than that which is
13. Proposes no amendment to Title IV,
cussed in item 12, above, would
Part A.
ing)
discussed in item 12, above.
amend Sec. 404 to broaden the
description of activities for
which grants may be made for
training personnel in the
field of aging, and would
amend Sec. 403 to make it clear
that grants to attract quali-
fied persons to the field of
aging could be made to two-
year institutions of higher
learing, as well as to four-
year ones.
14. ACTION programs.
14. Would leave R.S.V.P., Foster
14. Contains no proposal regarding
Grandparent Program, and other
14. Contains no proposal regarding
ACTION programs.
ACTION programs.
older Americans service programs
in ACTION agency (instead of
transferring them to HEW, as
proposed in earlier versions of
the bill); would extend authori-
zations for these programs
through Sept. 30, 1979; and would
require each State agency on aging
to designate a person to coordi-
nate Title III programs and these
ACTION programs for older Ameri-
cans, and to act as a resource
person to carry them out. Pro-
posed authorizations:
For
R.S.V.P.
FGP
July 1-Sept., 30, '76
$ 6,000,000
$12,000,000
FY 1977
24,000,000
48,000,000
FY 1978
28,800,000
57,600,000
FY 1979
34,560,000
69,120,000
H.R. 3922 (Brademas) As
DRAFT
H.R. 3922 As passed by
S.599 (Beall, for A inistra-
Subject
Passed by House 4-7-75
Senate, 6-26-75
tion) As Introduced 2-7-75
15. Purchase by Secretary
15. Would require the Secretary of Agriculture to
15. Contains no such
15. Contains no such proposal.
of Agriculture of high
purchase high protein foods, meat and meat
proposal.
protein foods, etc.
alternates, during FY '1975, 1976 and the period
between July 1 and September 30, 1976, for dis-
tribution to Title VII grantees and contractors
for use in Title VII nutrition programs. $8
million is authorized for FY'75, $10 million for
FY'76, and $2.5 million July - September '76.
15a. Dole Amendment
15a. Contains no such provision.
15a. Notwithstanding any
15a. Contains no such provision
other provision of law,
where a State phased out
its commodity dis-
tribution facilities
prior to June 30, 1974,
such State may, for
purposes of the programs
authorized by this Act,
elect to receive cash
payments in lieu of
donated foods.
16. Taking into account
16. Contains no such provision.
16. Would amend Title VII, Older
16. Contains no such
rural-urban distribution
Americans Act ("Nutrition Pro-
provision.
of elderly.
gram for the Elderly") to
require State plans to provide
assurances that, to the extent
feasible, grants will be awarded
taking" into account the relative
distribution of older persons
residing in rural. and urban
areas" in the State.
17. Level of assistance for
17. Contains no such provision.
17. Would amend present pro-
17. Contains no such
donated commodities.
vision which requires the
provision.
Secretary of Agriculture,
in Jonating commodities
for Title VII programs, to
maintain an annually pro-
gramed level of assistance
of not less than 10 cents
per meal, by raising this
minimum to 25 cents per
meal during FY 1976, and
50 cents per meal during
FY 1977.
H.R. 3922 (Brademas) As
DRAFT
H.R. 3922 As passed by
S.599 (Beall, for Administra-
Subject
Passed by House 4-7-75
Senate, 6-26-75
tion) As Introduced 2-7-75
18. Amendment of other Acts. 18.
Contains provisions
18. Would amend Sec. 110 of the Higher Education
18, Contains no such proposal.
similar to those of H.R.
Act and Sec. 310 of the Adult Education Act
3922, except authorizations
to extend through FY 1979 special programs
would be extended only
for the elderly authorized therein; would
through FY 1977. Would
extend through FY 1979 the authorization of
also extend for one year
"such sums for the Senior Opportunities
until May 31, 1976 the date
and Services program administered by the
by which the Secretary of
Community Services Administration (successor
H.E.W. must develop a plan
agency to the Office of Economic Opportunity);
for a research program on
and would amend the Vocational Education Act
aging, as required by the
of 1963 to require that special consideration
"Research on Aging Act of
be given to special consumer and homemaking
1974."
programs for persons aged 60+, with a require-
ment that such programs be designed to assist
such older persons to live independently in
their own homes. However, would not amend the.
"Research on Aging Act of 1974".
19. Age Discrimination
19. Proposes enactment of a new "Age Discrimination 19. Would direct the Commission
19. Contains no such proposal.
Act of 1975," which would prohibit age discri-
on Civil Rights to conduct
mination in any program or activity receiving
a study of age discrimina-
Federal financial assistance, but. would permit
tion under programs or
exceptions where the differentiation "reasonably
activities receiving
takes into account age as a factor necessary
Federal financial assistance
to the normal operation of such program or
and to report its findings
activity" or is "based upon reasonable factors
to the Congress and the
other than age," and would not apply to any
President, together with
program or activity which provides any benefits
recommendations.
or assistance to persons based on the age of
such persons. Regulations would be developed
by the agencies providing assistance, and would
be approved by HEW. The Act would not be
applicable to employment practices of any
employer, employment agency, or labor union,
except where Federal financial assistance is
provided primarily for employment.
20. Section 309 ("Transpor- 20.
Would repeal Sec. 309, but provide for special
20. Would extensively revise
20. Proposes no extension of
tation Projects") of the
emphasis upon transportation in administering
Sec. 309, as indicated by
authorization or other
Older Americans Act
the proposed new Title VIII.
proposed new section
amendment of Sec. 309.
heading, "Transportation,
Home Service, and Legal
Counseling." Authoriza-
tions are provided in the
amounts of $50,000,000 for
FY 1976, $12,500,000 for.
7-1-76 to 9-30-76, and
$50,000,000 for FY 1977.
From the amounts
appropriated, formula
grants would be made to
States for paying up to
90% of the cost of projects
to meet the needs of older
persons for transportation
and home services, and to
establish and support legal
counseling and support for
them.
DEPART ONY RTMENT DEPARTMENT AMERICAN
HEALTH
OF
DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE
OFFICE OF THE SECRETARY
U.S.A.
Office of Human Development
WASHINGTON, D.C. 20201
Administration on Aging
APR 14 1975
MEMORANDUM TO PAMELA NEEDHAM
Attached is a comparative analysis of the Administration's
proposal for the extension of the Older Americans Act and
H.R. 3922 as reported by the House Education and Labor Committee.
I have made a few notations on the analysis to indicate the
effect of amendments made on the House floor to H.R. 3922. As
you may know, the House of Representatives passed H.R. 3922 by a
vote of 377 to 19.
If I can provide further information please feel free to contact
me on this.
Make Decker Anstrom
Assistant to the Commissioner
Attachment
and 4/14/75
FORD LIBRARY & GERALD
Comparison of Two Proposals To Amend
The Older Americans Act of 1965, As Amended
Page 1
March 17, 1975
Subject
3922 (Brademas Bill), As Reported
S. 599, Administration Bill
1. Extension of authorizations
1. Would extend Act's authorizations,
1. Would extend Act's authorizations,
as follows:
as follows:
Sec. 204(c) (Clearinghouse)
"such sums..." (as at present)
$ 200,000 (instead of "such
through Sept. 30, 1979.
sums...") each for fiscal years
1976 and 1977.
Sec. 303(a) (Area Planning and
FY 1976
$ 180,000,000
FY 1976
$ 91,000,000
Social Service Programs):
FY 1977
231,000,000
FY 1977
91,000,000
FY 1978
287,200,000
FY 1979
349,640,000
Sec. 308(b) (Model Projects)
"such sums..." (as at present)
$ 5,000,000. (instead of "such
through Sept. 30, 1979.
sums...") each for fiscal years
1976 and 1977.
Sec. 309 (Transportation Projects)
No extension of authorization.
No extension of authorization.
Sec. 431 (Training, Research and
"such sums..." (as at present)
$ 7,000,000 (instead of "such
Development, and Multidisciplin-
through Sept. 30, 1979.
sums...") each for fiscal years
ary Centers)
1976 and 1977.
Sec. 505 (Acquisition, Alteration,
"such sums..." (as at present)
No extension of authorization.
or Renovation of Multipurpose
through Sept. 30, 1979.
Senior Centers)
Sec. 511 (Initial Staffing of
No extension of authorization.
No extension of authorization.
Multipurpose Senior Centers)
Sec. 708 (Nutrition Program For
FY 1978
275,000,000
No extension of authorization
The Elderly)
FY 1979
300,000,000
beyond June 30, 1977, the present
expiration date.
Comparison of Two Proposals To Amend
The Older Americans Act of 1965, As₁, Amended
Page 2
March 17, 1975
Subject
H.R. 3922, Brademas Bill, As Reported 3-14-75
S. 599, Administration Bill
2. Preference for serv-
2. No proposal to amend present law.
2. Proposes to give statutory
ices for low income,
preference in Title III
racial minority, or
programs (as is already
limited English-
required in Sec. 705 of the
speaking individuals
Act with respect to pro-
vision of services in
Title VII nutrition pro-
grams) to low-income,
minority, and limited
English-speaking individ-
uals. Would amend Sec. 705
to conform its language to
the new language proposed
for Title III.
3. Extension of time
3. [NO proposal to extend the FCOA dead-
3. Would extend until
for Federal Council
on the Aging to
line.] As Amended ON floor, to extend
January 1, 1976, the dead-
line for transmitting two
submit to the
studies TO Janil, 1976.
reports of the Federal
President for trans-
Council on the Aging.
mittal to Congress
its recommendations
on certain subjects
4. Technical Amendments
4. Proposes numerous technical amendments
4. Proposes numerous techni-
of the Act having little, if any, sub-
cal amendments of the Act.
stantive effect, to improve the Act.
Many of the proposed technical
improvements duplicate those proposed
in the Administration's bill.
Comparison of Two Proposals To Amend
The Older Americans Act of 1965, As Amended
Page 3
March 17, 1975
Subject
H.R. 3922, Brademas Bill, As Reported 3-14-75
S.599, Administration Bill
5. Proposed new
5. Proposes a new Title VIII for the Act,
5. No such proposal.
Title VIII
entitled, "Special Service Programs for
the Elderly." Four new programs would be
authorized: (1) Homemaker and other home
services; (2) Legal and other counseling
services and assistance; (3) Residential
repairs and renovations; and (4) Trans-
portation. Authorizations for the
program are provided under the current
Title III program; programs under Title
VIII would be administered by State
agencies on aging, which would make grants
to any public or private non-profit
institution, organization, or agency,
including AAA's for provision of the
service.
6. Proposed new
6.
Proposes to repeal Title IX of the Older
6. No such proposal.
Title IX
Americans Comprehensive Services Amend-
ments of 1973 (P.L. 93-29) and to re-
enact it, with amendments, as a new
Title IX of the Older Americans Act.
As amended, it would authorize for the
program $100,000,000 for each of fiscal
years 1975 and 1976, $150,000,000 for
FY 1977, $200,000,000 for FY 1978, and
$250,000,000 for FY 1979, for agreements
with public or private non-profit agencies
or organizations, including national
organizations, agencies of a State govern-
ment or political subdivision, or Indian
tribes on Federal or State reservations.
In allotting sums appropriated for each
fiscal year, the Secretary shall first
Comparison of Two Proposals To Amend
The Older Americans Act of 1965, As Amended
Page 4
March 17, 1975
Subject
H.R. 3922, Brademas Bill, As Reported 3-14-75
S. 599, Administration Bill
Continued
6. reserve such sums as may be necessary
to permit national organizations
currently funded under Title IX to main-
tain the level of activities supported
in FY 1975. The remainder of such sums
is to be allotted on the basis of the
ratio of the number of low-income
persons aged 55 and older in the State
to the number of low-income persons age
55 and older in every State, except
that no State shall be allotted less
than 1/2 of one percent of the sum
appropriated, or $100,000, whichever is
greater, and Guam, American Samoa, the
Virgin Islands, and the Trust Territory
of the Pacific shall each be allotted
1/4 of 1 percent of the sum
appropriated, or $50,000, whichever is
greater.
7. Joint Funding
7.
Would amend the Older Americans Act to
7. No such proposal.
Simplification
provide that the provisions and require-
Act
ments of the Joint Funding Simplification
Act of 1974 (P.L. 93-510, Dec. 5, 1974)
would not apply to the Older Americans
Act. The Joint Funding Simplification
Act contains provisions which encourage
Federal-State arrangements under which
local governments and private, non-
profit organizations may combine State
and Federal resources in support of
projects of common interest to the
governments and organizations concerned,
including development of regulations
Page ,
March 17, 1975
Subject
H.R. 3922, Brademas Bill, As Reported 3-14-75
S. 599, Administration Bill
Continued
7. on joint support activities, simplifying
procedures for process of applications,
establishment of uniform technical or
administrative requirements for similar
programs, and establishment of joint
funding procedures. In addition,
Section 7 of the Act allows agency
heads; with the approval of the
President, to "delegate to other Federal
agencies powers and functions relating
to the supervision or administration
of Federal assistance, or otherwise
arrange for other agencies to perform
such activities
"
8. Title III definition
of "social services"
8.
Would add, "services designed to provide
8. No such proposal.
legal counseling assistance to older
persons" to those services defined as
"social services" in the Act.
9. Direct allotments to
9. Would amend the Title III allotment
9. No such proposal.
Indian tribes
provision ($303(b)) to provide for direct
allotments for each Indian tribe on
Federal and State reservations. The
Commissioner would reserve an amount of
the total Title III appropriation based
on the ratio of the population of all
Indians 60+ on all Federal and State
reservations to the population of all
persons 60+ in all States. From these
sums, each Indian tribe on a Federal
or State reservation is to be allotted
100 to 105% of an amount based on the
ratio of the population of Indians 60
TanTO aut
March 17, 1975
Page 0
Subject
H.R. 3922, Brademas Bill, As Reported 3-14-75
S. 599, Administration Bill
Continued
9.
or over on such reservation to the
population of all Indians 60+ on all
Federal and State reservations. Eli-
gibility for funds is dependent upon
submission of a plan for use of the funds
submitted to the Commissioner and based
on criteria prescribed in regulations by
the Commissioner; funds not allocated
to one tribe can be reallocated to other
tribes.
10. Area plan require-
10.
Would require area plans, in addition to
10. No such proposal.
ments
present requirements, to "provide for
the establishment of programs to provide
assistance to older persons as
described in (the proposed new)
Title VIII."
11. State plan require-
11.
Would require State plans, in addition
11. No such proposal.
ments
to present requirements, to "provide
for the establishment of programs to
provide assistance to older persons as
described
in (the proposed new)
Title VIII."
12. Model projects
12. Would amend Sec. 308, the model project
12. No such proposal.
section of the Act, to repeal present
requirements that special consideration
be given to grants and contracts for
housing, continuing education, and
services for physically and mentally
impaired elderly; but would continue to
provide for projects providing continuing
education to older persons and projects
CI.GT '1.T MARCH
Page 7
Subject
H.R. 3922, Brademas Bill, As Reported 3-14-75
S. 599, Administration Bill
Continued
12. to provide preretirement education,
information, and relevant services. The
Committee report urges the Administra-
tion on Aging to support model projects
to assist with hearing problems of the
elderly.
13. Training of persons
13.
Would amend Sec. 404 ("Training Programs
13. No such proposal.
to perform counsel-
for Personnel in the Field of Aging") to
ing and monitoring
authorize grants to assist in the train-
functions
ing of lawyers, lay advocates, and para-
professional persons who will provide
legal counseling to older persons or
monitor the administration of public or
private non-profit programs designed to
provide assistance or services to older
persons, including nursing home programs.
14. ACTION programs
14.
Would leave R.S.V.P., Foster Grandparent
14. No proposals with reference
Program, and other older Americans serv-
to ACTION programs.
ice programs in the ACTION agency
(instead of transferring them to HEW,
as proposed in the version of the bill
reported by the Subcommittee) would
extend authorizations for these pro-
grams through Sept. 30, 1979 (For
R.S.V.P.: $24,000,000 for FY 1977,
$28,800,000 for FY 1978, and
$34,560,000 for FY 1979; for Foster
Grandparent Program: $48,000,000 for
FY 1977, $57,600,000 for FY 1978, and
$69,120,000 for FY 1979); and would
require each State agency on aging to
designate a person to coordinate Title
III programs and these ACTION programs
for older Americans, and to act as a
resource person to carry them out.
The Older Americans Act of 1965, As Amended
Page 8
March 17, 1975
Subject
H.R. 3922, Brademas Bill, As Reported 3-14-75
S. 599, Administration Bill
15. Purchase by
15. Directs the Secretary of Agriculture,
15. No such proposal.
Secretary of
during fiscal years 1976 and 1977 to
Agriculture of
purchase high protein foods, meat, and
certain products
meat alternates, on the open market from
Section 32 funds or funds appropriated in
this section, to be used in the Title VII
nutrition program. $8 million of funds
appropriated for $32 are to be used for
this purpose in FY'75. $10 million is
authorized to be appropriated for, FY'76;
if funds are not appropriate, §32 funds
are to be used.
16. Amendment of other
16. Would amend Sec. 110 of the Higher
16. Proposes no amendments to acts
laws
Education Act, which authorizes the
other than Older Americans Act
Commissioner of Education to make grants
of 1965, as Amended.
to institutions of higher education to
assist such programs in planning,
developing, and carrying out programs to
apply resources of higher education to
the problems of the elderly, and Sec. 310
of the Adult Education Act, which pro-
vides for grants to State and local
educational agencies or other public
or private non-profit agencies for
support of educational programs for
elderly persons whose ability to read and
speak the English language is limited,
in order to help them deal successfully
with practical problems, to extend
through FY 1979 special programs for the
elderly authorized therein; would extend
through FY 1980 the authorization of
"such sums " for the Senior
on
Opportunities and Services program
Comparison of Two Proposals To Amend
The Older Americans Act of 1965, As Amended
Page 9
March 17, 1975
Subject
H.R. 3922, Brademas Bill, As Reported 3-14-75
S. 599, Administration Bill
Continued
16. administered by the Community Services
Administration (successor agency to the
Office of Economic Opportunity) (and
would amend the Vocational Education Act
of 1963 to require that at least one-
this dropped by
iN Action
third of the Federal funds authorized
therein for consumer and homemaking
education be used for special consumer
ON
and homemaking programs for persons aged
60 and over.>
17. Age discrimination
17. Proposes enactment of a new "Age
17. No such proposal.
Discrimination Act of 1975," which would
prohibit age discrimination in any program
or activity receiving Federal financial
assistance, but would permit exceptions
where the differentiation "reasonably
takes into account age as a factor
necessary to the normal operation of
such program or activity" or is "based
upon reasonable factors other than age,"
and would not apply to any program or
activity which provides any benefits or
assistance to persons based on the age
of such persons. Regulations would be
developed by the agencies providing
assistance, and would be approved by
HEW. The Act would not be applicable
to employment practices of any employer,
employment agency, or labor union,
except where Federal financial assistance
is provided primarily for employment.
HEW
budget
charlie Miller 245.7558
John Noble 245.6238
John Hopkins - - 245 6238
expired Je 30 75 all except Title 7
operating under contin resol.
(Ie 77)
The3 gants FN community 187a7es
state garea agen we on agua
Title H research I maning research frants
Title 7 nutrition
amendments
new employ programs under - Labor
take 9
HELO authorization
nutrition :
76-200m 76 - $200 m '78 $ 275 m
hHi 3".
higher Than croor request
hit
78 $287 m now $100m.
GERALD R. FORD
file
Frank soschelle
reyronalduc.
older amer act
/ the III social services
coordination comprehensive planning
mandate adminis trature coordination
AOA style
#1 prob in social service : transportation
paperwork required inordinate
determination of eligibility for elderly
mp. of nutrition programs
food
social fellowship
spartmentom of elderly
FORD & LIBRARY 938839
HEALTH
fele aging -
PATIENT
DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE
OFFICE OF THE SECRETARY
USA
WASHINGTON, D.C. 20201
Titk VIT
Department of Human Development
Administration on Aging
nutrition
PROGRAM INSTRUCTION
AoA-PI-76-14
March 27, 1976
TO
: STATE AGENCIES ADMINISTERING PLANS UNDER TITLES III
AND VII OF THE OLDER AMERICANS ACT OF 1965, AS AMENDED
INFO FOR : Area Agencies on Aging and Nutrition Projects.
SUBJECT
: Release of Additional FY 1976 Funds for the Title VII
Nutrition Program.
PURPOSE
: The purpose of this Program Instruction is to authorize
State Agencies on Aging to obligate and expend additional
funds for the Title VII Nutrition Program for the elderly
and to increase the authorized annual operating level to
$187,500,000.
CONTENT
:
The FY 1976 Labor-HEW Appropriations Bill became Public
Law 94-206. This bill provided $125,000,000 in appropriated
funds for FY 1976, plus $31,250,000 for the July-September, 1976
transition period for the Title VII, Nutrition Program
for the Elderly. In addition, Congress increased the
Title VII annual operating level for FY 1976 to $187,500,000.
This represents an increase of $37,500,000 over the authorized
operating level of $150,000,000 previously issued by PI-76-4,
dated September 22, 1975.
Attachment A, Column 1 of this Program Instruction sets
forth the revised operating level for each State for FY 1976
based on the new operating level of $187,500,000.
This Program Instruction officially releases additional
FY 1976 funds in the amount of $37,500,000. This amount
plus the $50,400,000 in FY 1976 appropriations released
by PI-76-4 provides $87,900,000 in appropriated funds for
FY 1976 now available for funding the FY 1976 Nutrition
Program under Title VII. (See Attachment A, Column 3.)
This $87,900,000 together with the $99,600,000 of FY 1975
funds released to the States by PI-75-21 now authorizes a
total of $187,500,000 in appropriated funds available for
obligation to reach the $187,500,000 operating level in
FY 1976. The release of the $37,500,000 for use in FY 1976
may result in some States carrying over for future use
significant dollar balances.
-2-
States are prohibited from utilizing these funds in
such a manner as to increase for future years their
operating levels above their formula share of
$187,500,000. A violation of this prohibition could
lead to a State being required at some point in the
future to reduce the levels of its operating programs.
Attached is a chart which explains how the Fiscal Year
appropriations are distributed to support the $187,500,000
operating level. (See Attachment B before reading further.)
You will note that the FY 1976 operating level of $187,500,000
is supported by the FY 1975 appropriation of $99,600,000
forward funded for use in FY 1976 and $87,900,000 of the
FY 1976 appropriation. The July-September 1976 transition
period operating level of $46,875,000 will be supported by
$37,100,000 of the FY 1976 appropriation forward funded into
the transition quarter and $9,775,000 of the July-September,
1976 transition period appropriation. This will leave
$21,475,000 of the July-September 1976 transition period
appropriated funds to be forward funded for use in FY 1977.
The President's original budget request for $24,900,000
in the July-September 1976 transition period and $88,000,000
for FY 1977 were predicated on phasing out forward funding
in FY 1977. These sums would have provided dollar for dollar
support of the then $150,000,000 operating level with
appropriated funds through September 30, 1977. It is still
the intention of the Administration to eliminate forward
funding by the end of FY 1977 and to convert to an annual
funding mode for the Title VII - Nutrition Program in FY 1978.
Program Instruction 76-4 allocated $50,400,000 of FY 1976
funds for use in FY 1976. This Program Instruction releases
an additional $37,500,000 of FY 1976 funds for use in FY 1976.
The remaining $37,100,000 of FY 1976 appropriations and the
July-September 1976 transition period funds of $9,775,000
will be released for use in the July-September, 1976 transition
period prior to July 1, 1976. The remaining $21,475,000
will be released for use in FY 1977 prior to October 1, 1976.
THIS IS AN OFFICIAL AWARD DOCUMENT. The FY 1976 funds
authorized by Attachment A under Column 3 are available
for obligation and expenditure by State Agencies as of
this date. State Agencies should note that Fiscal Year
1975 funds must be reported on the Financial Status
Report (Form 601T) against the FY 1975 appropriations and
-3-
Fiscal Year 1976 funds must be reported against the FY 1976
appropriations on all fiscal reports regardless of the
year in which they are expended.
FY 1976 funds allotted to the States will be available
for obligation by the States through September 30, 1977.
The July-September 1976 transition period funds will also
be available for obligation by the States through
September 30, 1977.
The reallotment process for FY 1976 and the July-September,
1976 transition period funds for Title VII will take place
during the July-September, 1976 transition period.
PROGRAM GUIDANCE
The law and regulations set forth that preference shall
be given to projects serving primarily low-income individuals,
and that to the extent feasible, grants will be awarded to
projects operated by and serving the needs of minority
individuals at least in proportion to their numbers of the
eligible individuals in the State. This large increase
in operating level for the program gives each State an
opporturnity to improve its performance in serving low-income
and minority persons through the Title VII program.
State Agencies, therefore, must assure that the elderly
living in all geographic areas of the State having high
concentrations or proportions of low-income or minority
older persons have ready access to a Title VII project
before projects are initiated in other geographic areas.
Similarly, expansion of existing projects should be based
on outreach activities designed to make sure that low
income and minority older persons within the project area,
who are often times isolated and cut off from society, know about
the program and have been given an opportunity to participate
in it.
No later than May 1 States should file, after consultation
with State Advisory Councils, with the Director of the
Regional Offices on Aging, a statement relative to their
plans for the utilization of these additional funds. The
Administration on Aging will not act formally on these plans
but will regard them as a part of the monitoring and assess-
ment process and will use them as a basis for raising
-4-
and discussing issues with the States. States should
follow similar procedures with Area Agencies and Nutrition
Project Agencies including a requirement of consultation
with appropriate Area and Nutrition Project Advisory
Councils.
INQUIRIES
:
State Agencies should address inquiries to Directors,
Office of Aging, Regional HEW Office.
Area Agencies on Aging should address inquiries to
their grantor (State Agency on Aging or Area Agency on Aging)
Title VII Nutrition Projects should address inquiries
to their grantor (State Agency on Aging or Area Agency
on Aging)
Gitt
dr.
Arthur S. Flemming
Commissioner on Aging
Attachments A and B
ATTACHMENT-A
REVISED OPERATING LEVEL AND AUTHORIZED FUNDING LEVEL FOR THE TITLE VII NUTRITION
PROGRAM FOR FISCAL YEAR 1976 UNDER THE OLDER AMERICANS ACT OF 1965, AS AMENDED.
THE $87,025,000 IN COLUMN 3 IS AVAILABLE NOW FOR OBLIGATION. THIS IS AN OFFICIAL
AWARD OF FUNDS. (Note: The Allotment Table in PI-76-14 supersedes the Allotment
Table in PI-76-4)
Revised
Authorized
Authorized
Operating
FY-75 Funds for
FY-76 Funds for
Level
use in FY-76
use in FY-76
(PI-76-14)
(PI-75-21)
(PI-76-14)
Column 1
Column 2
Column 3
Total 56 "States"
$185,625,000
$98,600,000
$87,025,000
Alabama
2,971,296
1,566,030
1,405,266
Alaska
928,125
493,000
435,125
Arizona
1,720,227
836,260
883,967
Arkansas
2,079,313
1,102,485
976,828
California
16,160,931
8,453,431
7,707,500
Colorado
1,678,630
883,241
795,389
Connecticut
2,573,105
1,356,182
1,216,923
Delaware
928,125
493,000
435,125
District of Columbia
928,125
493,000
435,125
Florida
9,625,386
4,729,411
4,895,975
Georgia
3,423,918
1,800,935
1,622,983
Hawaii
928,125
493,000
435,125
Idaho
928,125
493,000
435,125
Illinois
9,232,285
5,020,693
4,211,592
Indiana
4,202,679
2,255,083
1,947,596
Iowa
2,785,559
1,519,049
1,266,510
Kansas
2,180,823
1,174,523
1,006,300
Kentucky
2,903,623
1,547,238
1,356,385
Louisiana
2,755,763
1,472,068
1,283,695
Maine
965,139
516,790
448,349
Maryland
2,790,045
1,472,068
1,317,977
Massachusetts
5,258,489
2,840,779
2,417,710
Michigan
6,540,992
3,507,908
3,033,084
Minnesota
3,364,077
1,810,331
1,553,746
Mississippi
1,957,921
1,042,976
914,945
Missouri
4,622,853
2,505,648
2,117,205
Montana
928,125
493,000
435,125
DM
Nebraska
1,473,723
801,808
671,915
Oh
C
Nevada
928,125
493,000
435,125
New Hampshire
928,125
493,000
435,125
New Jersey
6,199,314
3,304,324
2,894,990
New Mexico
928,125
493,000
435,125
New York
16,291,650
8,951,428
7,340,222
North Carolina
3,946,332
2,051,500
1,894,832
North Daketa
928,125
493,000
435,125
Ohio
8,493,377
4,569,677
3,923,700
Oklahoma
2,589,498
1,378,107
1,211,391
Oregon
2,035,758
1,064,901
970,857
Pennsylvania
11,013,262
5,900,802
5,112,460
Rhode Island
928,125
493,000
435,125
South Carolina
1,852,762
964,674
888,088.
South Dakota
928,125
493,000
435,125
Tennessee
3,477,673
1,835,387
1,642,286
Texas
9,100,516
4,760,732
4,339,784
Utah
928,125
493,000
435,125
Vermont
928,125
493,000
435,125
Virginia
3,429,062
1,788,407
1,640,655
Washington
2,833,831
1,497,125
1,336,706
West Virginia
1,685,910
905,165
780,745
Wisconsin
3,999,623
2,136,065
1,863,558
Wyoming
928,125
493,000
435,125
American Samoa
464,062
246,500
217,562
Guam
464,062
246,500
217,562
Puerto Rico
1,631,532
895,769
735,763
Trust Territory
464,062
246,500
217,562
Virgin Islands
464,062
246,500
217,562
$1,000,000 of FY 1975 funds and $875,000 of the FY 1976 funds have been retained for
Federal program evaluation.
Administration on Aging
13.635
Office of Human Development
DEPARTMENT OF HEALTH, EDUCATION
AND WELFARE
MARCH, 1976
ATTACHMENT B
ADMINISTRATION ON AGING
TITLE VII - NUTRITION PROGRAM FOR THE ELDERLY
APPROPRIATIONS IN SUPPORT OF THE OPERATING LEVEL
FY 74
FY 75
FY 76
July-Sept.
Operating level
100,000,000
150,000,000 1/
187,500,000
46,875,000
Appropriations
1973
100,000,000
100,000,000
1974
99,600,000
99,600,000
1975
125,000,000
25,400,000
99,600,000
1976
125,000,000
87,900,000
37,100,000
J-S, 76 31,250,000
9,775,000
21,475,000
1/ The FY 1975 authorized operating level was $150,000,000. However, $125,000,000 was allotted to the
States to reach the annualized $150,000,000 operating level by June 30, 1975.
2/ Amount available for use in FY 1977 (Forward Funding).
Chicago Tribune
Monday, March 22, 1976
file-aging
Caring for the aged and indigent
Medicare and Medicaid are financing
inspection, the prospect of government-
not only the health needs of the aged
run nursing homes is not inviting. Direct
and the indigent but also the greed of
government management of nursing
shrewd and unscrupulous people. Here
homes is a last resort which well fi-
in Chicago, seven nursing home owners
nanced and well staffed inspection
FORD LIBRARY y CERALD
Pr Dave Sergen
Nuxon A6/N6
message
Richard Nixon, 1972
Mar. 23 [100]
Consortium for Aid to Turkey has pro-
tion of world peace. The Prime Minister
vided an efficient multilateral mechanism
said that Turkey, on her side, encourages
to this end. Both agreed that this and other
and supports efforts for peace in her region
endeavors in multilateral institutions
and is constantly improving her good rela-
should continue and be further enhanced.
tions with her neighbors.
The President also said the U.S. would
President Nixon and Prime Minister
continue its financial support of Turkey
Erim agreed that it is important that there
in its efforts to reach its declared goal of
be a just settlement of the Cyprus problem
vigorous, self-sustaining economic growth.
which would contribute to the wellbeing
The President described his China trip
of the concerned parties and to peace in
and discussed his upcoming trip to the
the Eastern Mediterranean. Proceeding
Soviet Union. The Prime Minister indi-
from the binding effects of existing treaties
cated that Turkey has followed with ad-
and recognizing the beneficial peacekeep-
miration the efforts of the President to
ing role of the United Nations, it was
strengthen the peace of the world. He
agreed that such a settlement can best be
emphasized his belief that the visits of
reached through negotiation by the con-
President Nixon to Peking and Moscow
cerned parties.
will have a special bearing on the promo-
NOTE: See also Items 95 and 98.
100
Special Message to the Congress on Older Americans.
March 23, 1972
To the Congress of the United States:
objectives which the White House Con-
When I addressed the White House
ference set forth. I pledge that this
Conference on Aging last December, I
momentum will be sustained as we follow
pledged that I would do all I could to
through on these initiatives and as we
make 1972 a year of action on behalf of
keep other recommendations of the White
older Americans. This message to the
House Conference at the top of our
Congress represents an important step in
agenda, under continuing review.
fulfilling that promise.
This message, then, does not represent
Many of the actions which are outlined
the last word I will have to say on this im-
in this message have grown out of con-
portant subject. It does, however, identify
cerns expressed at the White House Con-
those administrative steps which we are
ference and at related meetings across the
taking immediately to help older Ameri-
country. The message also discusses a
cans, along with a number of legislative
number of steps that have already been
initiatives which should be of highest
taken or that were announced at an earlier
priority on this year's Congressional
date. All of these actions are part of our
agenda.
comprehensive strategy for helping older
We often hear these days about the
Americans.
"impatience of youth." But if we stop to
The momentum which has been gen.
think about the matter, it is the elderly
erated by all these steps-old and new-
who have the best reason to be impatient.
will move us toward the great national
As so many older Americans have candidly
461
87-234-74-33
FORD is LIBRARY GERALD
[100] Mar. 23
Public Papers of the Presidents
told me, "We simply do not have time to
The sense of separation which has
wait while the Government procrastinates.
characterized the lives of many older
For us, the future is now." I believe this
Americans represents a great tragedy for
same sense of urgency should characterize
our country. In the first place, it denies
the Government's response to the concerns
many older citizens the sense of fulfillment
of the elderly. I hope and trust that the
and satisfaction they deserve for the con-
Congress will join me in moving forward
tributions they have made throughout
in that spirit.
their lifetimes. Secondly, it denies the
country the full value of the skills and in-
A COMPREHENSIVE STRATEGY FOR
sights and moral force which the older
MEETING COMPLEX PROBLEMS
generation is uniquely capable of offering.
The major challenge which confronts
The role of older people in American
us, then, as we address the problems of
life has changed dramatically in recent
older Americans is the new generation gap
decades. For one thing, the number of
which has emerged in this country in
Americans 65 and over is more than six
recent decades between those who are over
times as great today as it was in I900—
65 and those who are younger. The way to
compared to less than a 3-fold increase
bridge this gap, in my judgment, is to stop
in the population under 65. In 1900, one
treating older Americans as a burden and
out of every 25 Americans was 6₅ or over;
to start treating them as a resource. We
today one in ten has reached his 65th
must fight the many forces which can
birthday.
cause older persons to feel dependent or
While the number of older Americans
isolated and provide instead continuing
has been growing so rapidly, their tradi-
opportunities for them to be self-reliant
tional pattern of living has been severely
and involved.
disrupted. In an earlier era, the typical
If we can accomplish this goal, our en-
American family was multigenerational-
tire Nation will reap immense benefits. As
grandparents and even great-grandpar-
I put it in my speech to the White House
ents lived in the same household with their
Conference on Aging, any action
children and grandchildren, or at least
which enhances the dignity of older Amer-
lived nearby. In recent years, however,
icans enhances the dignity of all Ameri-
the ties of family and of place have been
cans, for unless the American dream comes
loosened-with the result that more and
true for our older generation, it cannot
more of our older citizens must live apart
be complete for any generation."
or alone. The rapid increase in mandatory
From its very beginnings, this Admin-
retirement provisions has compounded
istration has worked diligently to achieve
this trend toward isolation. Under such
this central objective. To assist me in this
conditions, other problems of older per-
effort, I established a special task force on
sons such as ill health and low income have
aging in 1969. In that same year, I
become even more burdensome. And all
elevated the Commissioner on Aging, John
of these difficulties are intensified, of
Martin, to the position of Special Assistant
course, for members of minority groups
to the President on Aging, the first such
and for those who are blind or deaf or
position in history. Later, I created a new
otherwise handicapped.
Cabinet-level Committee on Aging, under
462
GERALD R. FORD
HEALTH.
OF
DISUCATION.
file aging
ONY RTMENT DEPARTMENT
DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE
OFFICE OF THE SECRETARY
U.S.A.
WASHINGTON, D.C. 20201
Office of Human Development
Administration on Aging
DRAFT
TECHNICAL ASSISTANCE MEMORANDUM
AoA-TA-76- 27
March 15, 1976
TO
:
STATE AGENCIES ADMINISTERING PLANS UNDER TITLES III AND VII
OF THE OLDER AMERICANS ACT OF 1965, AS AMENDED
INFO FOR : Area Agencies on Aging and Nutrition Projects
SUBJECT
: Adult Day Care Services: Concept and Financing Sources
CONTENT
:
The purpose of this memorandum is to transmit to State Agencies
on Aging a draft technical assistance memorandum on day care
services for older persons. The draft memorandum discusses the
concept of day care services and several funding sources for this
form of care for older persons.
We are interested in your comments on the attached draft document,
including any information you may wish to forward relative to day
care programs operating within your State, such as current funding
sources and standards which have been developed for day care pro-
grams. After comments have been received, a final document will
be issued incorporating further information on funding sources,
specific day care programs, and other information generated by
State and area agencies.
A summary of the contents of the attached draft Technical
Assistance Memorandum follows:
I. INTRODUCTION
FORD i LIBRARY GERALD
The purpose of this memorandum is to discuss day care services
for older persons and to indicate how various Federal interagency
agreements developed by the Administration on Aging may represent
a tool to assist State and area agencies on aging in establishing
relationships with other agencies whose resources may be utilized
to develop and support day care services.
II. CONCEPT OF ADULT DAY CARE
Adult day care is not a new concept of care but is considered
to be an innovative way to organize medical, health and/or health-
related social services for older and disabled adults. Day care
- 2 -
programs have not developed on a large scale, nor in a unified
fashion in the United States. Generally, models of day care are
characterized by the mix of medical/health care components and
social service components available in the program, the types
of participants to be served and the types of staff involved in
the program.
III. PLANNING AND FINANCING OF DAY CARE SERVICES
State and area agencies, having identified the need for day
care services, may wish to include funding for the services as
part of their annual plans on aging, or to pool potential resources
from other sources into a combined funding package.
1. Medicaid--Title XIX of the Social Security Act
2. Social Services Program for Individuals and
Families--Title XX of the Social Security Act
3. Medicare--Title XVIII of the Social Security Act
Appendix A--Research and Demonstration Projects on Day Care
Services; Proposed Regulations Setting Forth the Scope of
Services to be Provided in Research and Demonstration
Projects (as published in the Federal Register)
Other Recommended Standards for Day Care Providers
Appendix B--Clinic Services under Medicaid
Appendix C--Adult Day Care Services under Title XX Comprehensive
Annual Service Plans (CASP)
INQUIRIES: State Agencies should address inquiries to Director, Office of
Aging, Regional HEW Office.
Area Agencies on Aging should address inquiries to State Agencies
on Aging.
Title VII Nutrition Projects should address inquiries to their
grantor (State Agency on Aging or Area Agency on Aging).
Arthur S. Flemming
Commissioner on Aging
Enclosure
DRAFT
TECHNICAL ASSISTANCE MEMORANDUM
AoA-TA-76-
TO
:
STATE AGENCIES ADMINISTERING PLANS UNDER TITLES III AND VII
OF THE OLDER AMERICANS ACT OF 1965, AS AMENDED
INFO FOR : Area Agencies on Aging and Nutrition Projects
SUBJECT : Adult Day Care Services: Concept and Financing Sources
CONTENT : I. Introduction
The purpose of this memorandum is to discuss the concept of day
care services for older persons and to indicate how various
Federal interagency agreements developed by the Administration
on Aging may represent a tool to assist State and area agencies
on aging in establishing relationships with other agencies whose
resources may be utilized to develop and support day care
services.
Adult day care, although a relatively underdeveloped option in
the continum of long-term care for older persons, is becoming of
increasing importance as a modality of care for preventing,
shortening, or delaying the need for institutionalization. This
type of care is supported by the view that individuals in need of
medical, health, and/or health-related social services should remain
in the community as long as possible. During the last several
years the emphasis placed on the development of institutional
care, as fostered under Medicare and Medicaid reimbursement
mechanisms, has been reevaluated and efforts have been made to
investigate the potential of non-institutional based services
- 2 -
for meeting the medical, health and social service needs of older
persons. The Department of Health, Education, and Welfare has
sponsored limited programs of research and demonstration in the
area of day care.
While some of these demonstration projects are
currently in process, the results of some demonstration efforts
are now available. The Administration on Aging wishes to com-
municate to State agencies on aging background information on
day care services and
funding potential which currently
exists to support these services. Indication will also be made
as to the current research and demonstration efforts in the area
of day care
which may affect Federal policy decisions
regarding expansion of the benefit under existing health care
programs.
II. Concept of Adult Day Care
Adult day care is not a new concept of care. Services in a day
care facility were first instituted in the USSR in 1932 for
psychiatric patients as part of a program of out-patient services.
This modality of care has existed in the English-speaking world
since 1946 when day care facilities for psychiatric patients
were established in Montreal and London. During the next decade,
geriatric day hospitals developed. Most of the experience with
day care hospitals for the mentally ill and elderly to date has
occurred in the United Kingdom; thus, the British system of day
- 3 -
care focusing primarily on a strong medical component has
served as a model for other countries.
The rationale for day care centers as they were originally
conceived for the mentally ill was that some patients needed
more care than could be provided in an out-patient facility
but could be maintained with supervision by a caretaker at
home during the evening. The development of day care for the
mentally ill occurred because of the spiraling costs of hospital
stays and increased costs of construction and operation of new
facilities as well as the recognition that the room and board
function of the hospital represented a significant portion of
total in-patient operating costs. Many of these same reasons
have prompted the development of day care facilities in the
United States.
It is clear that the term "day care" is a generic one, and that day
care programs for adults have not developed in a unified fashion in
the United States. Various terminology is used to describe this
service - adult or geriatric day care, therapeutic day care, day
treatment services, day health care, senior improvement services,
day hospital care. The purpose, organization, kinds of participants,
setting, program content and structure differ markedly in day care
programs currently in operation. The care provided in current
- 4 -
programs may range from active rehabilitation to health maintenance
to provision of one or more social or health-related social
services.
It is clear that day care services are but one component of the
continuum of long-term care which stretches from full institution-
alization to the provision of one or more medical, health and/or
health-related social services to older and disabled persons.
Day care may be described as one means of bridging the gap between
the institution and the community, and although the service
components which comprise a day care program are not new services,
day care is considered to be a new way to organize medical, health
and/or health-related social services for older and disabled
adults. Day care is differentiated from other modalities of care:
it disassociates itself from the 24-hour care-taking responsibility
of the institution; it differs from out-patient clinic services
in terms of frequency and duration of visits and types of services
Moreover, it offers a broader range of therapeutically-oriented
services than are normally available in a senior center. This
modality of care recognizes that for many older persons social
problems will continue long after the acute or immediate medical
disability and that in many cases it is difficult to disassociate
the medical and social service components of care. Individuals
who need a program of health and social services provided at a
community-based facility on a part-time basis and who can reside
- 5 -
in their own homes or in a self-care facility the remainder
of the time may be candidates for a day care program. Participants
may spend from several hours to a full eight hours in the day care
facility for a period of one to seven days a week, depending upon
their needs.
Although there is a lack of consistency in the organization of day
care programs which are currently operational, due in part to
modes of reimbursement, attempts have been made to conceptualize
various models of day care programs. Generally, the models are
characterized by the mix of medical/health care components and
social service components available in the program, the types
of participants to be served, and the types and number of staff
involved in the program. There seems to be no hard and fast
categorization of programs and their elements. One conceptual-
ization distinguishes a medical/health care model from a social
services model. The medical/health care model while offering
some social services places a greater emphasis on provision of
medical/health and rehabilitation services, such as nursing
services, physical, occupational, and speech therapies to a
group of participants who have significant functional impairments.
The social services model places greater emphasis on social and
health-related services (e.g. recreational activities, activities of
daily living, and health and nutritional counseling) rather than on
strictly medical services. Participants in this model of day care
would have relatively limited functional impairments.
- 6 -
A recent study has attempted to describe various aspects of ten
currently operating day care programs. 1/ In this survey two models
were described, one with a heavy emphasis on health and rehabil-
itative services, the other providing daytime supervision and
maintenance care for less impaired adults. The average size
of the ten programs is small, with average daily attendance at
37.6 during the sample months. (Attendance ranged from 11 to
115 participants.) All but one program operate 5 days a week,
with one program operating 7 days a week. One program is a free-
standing facility; the rest are affiliated with another institution.
All programs employ professional health care staff, including
nursing staff and therapists, and most programs have a professionally
trained staff member in charge of social services. One program
provides in-home services rendered by a homemaker/home health
aide. In terms of patient assessment and admission requirements
for the day care programs described in this study, most programs
require that there be a medical need for day care services.
Average per diem cost of nine of the programs was approximately
$21, but the range of per diem costs was from $11.26 to $33.67
for the nine programs. Personnel costs account for 70% of the
total costs in nearly every program, which is consistent with the
pattern found in hospitals and nursing homes.
1/ "Adult Care in the U.S., A Comparative Study." Prepared
for the National Center for Health Services Research Division
of Health Services Evaluation, DHEW, by Trans-Century Corporation,
Washington, D.C., June 30, 1975.
- 7 -
Implicit in any discussion of long-term care service components
is a discussion of relative costs. The debate about whether or
not one type of care component will be more or less cost-
effective than another will continue. However, many factors must be
taken into account when analyzing the cost of day care vis a vis
other modalities of care, such as the constellation and intensity
of service components included in the program, nature of the
participants, type and number of staff per patient. Cost evaluation
and cost-effectiveness should be judged comparatively within a
certain geographic area. A day care program may be less costly
than nursing home care in one area of the country or within a State,
but more costly than the nursing home care in another part of the
country or State depending upon capital expenditure costs, interest
rates, salary levels, etc. One factor to be emphasized in eval-
uating the comparative costs of day care per patient is the
frequency of participation in the program. This is, if an individual
participates in a day care program only three or four times a week,
the costs for his/her care over a period of a month may be less
than for a similar patient who is being treated in a nursing home.
An additional factor to be considered is that the day care facility
may operate more efficiently because of its ability to serve more
patients per month than the nursing home. It should be noted that
the costs of transportation to and from the day care program may
represent a significant portion of the total program costs.
- 8 -
There are no uniformly applied standards for day care programs
although some States have attempted to set guidelines for the
operation of day care programs. In connection with certain
research and demonstration projects on day health care currently
being conducted by the Department of Health, Education, and Welfare,
general regulations containing guidelines for the demonstration
projects have been developed. In addition, the Medical Services
Administration, the Federal agency
administering the Medicaid
program, has described recommended standards and procedures which
should be required of day care provider organizations. (See
Appendix A) In the development of a day care program, emphasis
should be placed on high quality of care standards and adequate
physical plant requirements which meet State and local codes.
III. Planning and Financing Adult Day Care Services
This section will describe how State and area agencies on aging
may work cooperatively with other agencies to develop day care
services. The State agency may wish to use the interagency
agreements developed by the Administration on Aging at the Federal
level as tools to assist in interagency coordination around this
specific service.
The funding sources for day care services emanate from a variety
of programs and are not organized into a single comprehensive
package. Admittedly, one of the reasons why day care has not
- 9 -
developed on a large scale in the United States is due to the
lack of a consistent and firmly-established funding source.
State and area agencies on aging are in a unique position to plan
for the development of the day care services package with other
health and social service planners and to describe the need for such
a service. Through the results of planning activities the State and
area agencies may identify the services needs of older persons
relative to the long-term care continuum in order to point out the need
for the establishment of a broader range of care options. A variety
of data sources may be utilized in this kind of planning effort, such
as waiting lists for long-term care facilities, hospital and long-term
care facility discharge planning needs, home health and homemaker
service requests, and information developed by State health planning
and development agencies, etc.
State and area agencies, having identified the need for day care
services, may wish to include funding for the service as part of
their annual plans on aging. They may also wish to pool potential
resources from other sources into a combined funding package.
The following is a discussion of potential funding sources other
than Title III and Title VII which State and area agencies may
investigate to establish a day care services package. Indication
is made of the applicable Administration on Aging interagency
- 10 -
agreement which can be used by State and area agencies as a tool
to assist in developing cooperative funding, staffing, or other
resource development arrangements.
Two potential funding sources for day care programs under current
Federally-sponsored programs exist under Medicaid--Title XIX of
the Social Security Act, and under the Social Services Program for
Individuals and Families--
Title XX of the Social Security Act.
Generally, day care programs receiving funding through medical care
programs such as Medicaid would fall into the medical/health care
model of day care, while programs sponsored under social services
programs, such as Title XX would fall into the social services model
of day care. This does not imply, however, that joint funding
through Medicaid and Title XX cannot occur.
1. Medicaid - Title XIX of the Social Security Act; Agreement:
Agreement between the Administration on Aging and the Medical
Services Administration on Improved Services for the Elderly,
December 23, 1974. (AoA-IM-75-43)
Medicaid, authorized under Title XIX of the Social Security
Act, is a State-administered program of medical assistance
for aged, blind, and disabled persons, and members of families
with dependent children, who meet certain eligibility
- 11 -
criteria, including State-established income and resource
limitations.
Each State must provide the following medical and health
services: in-patient hospital services, out-patient hospital
services, laboratory and X-ray services, physician's services,
skilled nursing home services for individuals 21 years of age
or older, home health services for individuals 21 years of
age or older, and early and periodic screening, diagnosis, and
treatment of individuals under 21 years of age. In addition
to this basic core of services, a State may provide a range
of optional services such as freestanding clinic, dental
services, prescribed drugs, and physical therapy and related
services. State Medicaid agencies receive from 50% to 83%
in Federal matching funds for medical services provided to
Medicaid-eligible patients. Administrative costs are
reimbursed with 50% Federal matching funds.
The State Medicaid agency may establish a mechanism for the
reimbursement of a day care program providing medical and
health services to Medicaid-eligible individuals. In order
to establish a day care program with Medicaid reimbursement
it is required that there be adequate assurance that the program
focus on active medical and health-related treatment of the
day care participants and not merely maintenance care; that is,
- 12 -
model of day care is to be geared toward a medical/health
i
del of care with physician and nursing involvement as well
as social service involvement. Given this program structure,
a State Medicaid agency may opt to "fit" its day care program
under two existing Medicaid service benefits: (a) outpatient
hospital services or (b) clinic services.
a. Outpatient hospital services
Outpatient hospital services are required to be part of the
service package under a State's Medicaid plan. Out-patient
hospital services are defined in Federal Medicaid program
regulations (45 CFR 249.10(b) (2)) as:
"those preventive, diagnostic, therapeutic,
rehabilitative, or palliative items or services
furnished by or under the direction of a physician
or dentist to an out-patient by an institution
which is licensed or formally approved as a
hospital by an officially designated State standard-
setting authority and is qualified to participate
under Title XVIII of the Social Security Act, or
is determined currently to meet the requirements
for such participation."
A facility which seeks to obtain Medicaid reimbursement
for a day care program must (1) be licensed or formally
approved to provide out-patient hospital services by an
officially designated State standard-setting authority
and (2) be certified as a Medicaid provider. Although
the diagnostic, remedial, preventive, rehabilitative and
ancillary health-related services considered as appropriate
under a day care program are more frequent and are of longer
- 13 -
duration than the acute, episodic care ordinarily
provided in an out-patient clinic, reimbursement for
day care is possible under this Medicaid benefit.
b. Clinic services
A second Medicaid service benefit under which a State
Medicaid agency may wish to "fit" a day care program is
"clinic services." This is an optional benefit which the
State Medicaid agency may wish to include in its State
Medicaid plan. Currently, 41 States provide for this
benefit in their approved State Medicaid plans. (See Appendix B)
Clinic services are defined in Federal Medicaid program
regulations (45 CFR 249.10(b) (2)) as:
"preventive, diagnostic, therapeutic, rehabilitative,
or pallative items or services furnished to an out-
patient by or under the direction of a physician or
dentist in a facility which is not part of a hospital
but which is organized and operated to provide
medical care to out-patients."
A clinic as defined here is meant to include free-standing
facilities which are not part of a hospital or other health-
related facility. If a State has set up standards and
definitions for clinics which would provide the kinds of
services under a day care program, the services in the day
care program offered to Medicaid eligible individuals could
be reimbursed through the State's Medicaid program. It
- 14 -
should be emphasized that if a State Medicaid agency
intends to provide day health care services under the
clinic services option, it should protect this option from
quality-dilution abuses, and should not approve payment
under this option without setting up standards for a day
care program.
Once the structure for the day care program has been established,
the program may include the following services which would be
made available to the participant according to his/her needs:
1. Medical services supervised by a physician which emphasize
prevention, treatment, rehabilitation and continuity of
care and also provide for maintenance of adequate medical
records.
2. Nursing services rendered by professional nursing staff
which periodically evaluates the particular nursing needs
of each patient and provides the care and treatment that
is indicated.
3. Diagnostic services in addition to initial screening are
provided or arranged for. These include clinical laboratory,
X-ray and other diagnostic services.
4. Rehabilitation services
a. Physical therapy as prescribed by a physician, and
appropriate to meeting the ambulatory needs of the
patient.
b. Speech therapy for patients with speech and language
disorders.
C. Occupational therapy as an adjunct to treatment
designed to restore impaired function of patients
with physical and mental limitations.
- 15 -
d. Inhalation therapy for chronic obstructive airway
disease patients.
5. Provision for obtaining medications.
6. Podiatric services provided or arranged for under direction
of the supervising physician.
7. Optometric screening and advice for low vision cases by a
licensed ophthalmologist or optometrist provided or
arranged for.
8. Self care services oriented toward Activities of Daily
Living (ADL) and personal hygiene. This includes toileting,
bathing, grooming, etc.
9. Dental service - The program assists its patients in
obtaining regular and emergency dental care. Consultation
by an advisory dentist should be available.
10. Social work services to patients and their families to
help with personal family and adjustment problems which
interfere with the effective use of treatment.
11. Recreational therapy in a program planned to meet the
psychological and social needs and interests of the patient.
12. Dietary services with meals of suitable quality and adequate
quantity to attain and maintain nutritional requirements
including special diets. Dietary counseling and nutrition
education for the patient and his family is a necessary
adjunct of this service.
13. Transportation service for patients to and from their
homes utilizing specially equipped vehicles to accommodate
patients with severe physical disabilities that limit
their mobility.
All of the above services would be combined into a day health
care service package cost and payment rates would be estab-
lished by the State Medicaid agency. The Federal matching
percentages would be as follows: administrative services would
be reimbursed with 50% Federal financial participation; medical
- 16 -
and all other health-related services would be reimbursed
at the rate established for any other service included under
the State Medicaid plan. (This rate ranges from 50% to 83%
Federal matching, depending upon the State per capita income.)
Applicable Federal and State regulations and policies must be
observed when setting up payment rates.
Coordination with the State Medicaid Agency
The State agency on aging, on behalf of an area agency on
aging, or any other agency or group, wishing to provide support
for a day care program, must establish a relationship with the
State agency administering the Medicaid program which will
determine the acceptability of the day care provider to receive
Medicaid reimbursement. A State may wish at first to limit the
extent to which the day care service program is developed through-
out the State in order to gain experience as to the type and
amount of services to be included in the program and the relative
costs of the program. A State Medicaid agency wishing to test
the day care program on a pilot basis, e.g., limiting it to a
certain geographic area(s), may request of the Department of
Health, Education, and Welfare authority to conduct a demon-
stration project under Section 1115 of the Social Security Act.
Section 1115 of the Social Security Act allows State agencies
established under the Social Security Act to conduct demonstra-
tion projects by allowing a waiver of certain State plan
requirement, such as the requirement for Statewideness (i.e.,
- 17 -
that services under the program be in effect in all political
subdivisions of the State). Approval of authority to conduct
a demonstration project under Section 1115 will allow for
Federal matching of expenditures accrued by the demonstration
project at the same matching rate which would ordinarily be
allowed under the State program.
2. Title XX of the Social Security Act; Agreement: Joint Working
Agreement between the Administration on Aging of the Office of
Human Development and the Public Services Administration
(formerly the Community Services Administration), Social and
Rehabilitation Service, July 30, 1975 (AoA-IM-76-15)
Under Title XX of the Social Security Act, there is substantial
opportunity for the funding of day care programs as long as day
care services are included as a specific service, or the service
components of such a program are included individually, in the
State's Title XX Comprehensive Annual Services Program Plan
(CASP). A day care program supported by Title XX may be directed
at any of the following services goals included under the
Title XX program: (1) achieving or maintaining self-support to
prevent, reduce or eliminate dependency; (2) achieving or main-
taining self-sufficiency, including reduction or prevention of
dependency; (3) preventing neglect, abuse, or exploitation of adults;
or (4) preventing or reducing inappropriate institutional care
by providing community-based care.
- 18 -
It should be emphasized that Title XX funding of a day care
program will be primarily directed toward the social service
components of such a program, including the following:
social work evaluation and counseling
recreational activities, including those with a
therapeutic goal, such as reality orientation
nutritional services, including food, and its preparation
and serving
transportation
educational and training activities
It is possible to use Title XX funds to support the medical/
health components in a day care program but only under certain
specified conditions. Title XX program regulations (Section 228.40,
minor medical and remedial care) states the following:
"FFP (Federal matching) is not available for medical
care, other than family planning services, except
when it is an integral but subordinate part of a
service described in the services plan, and the
medical and remedial care is not available to the
individual under the State's approved title XIX
(Medicaid) plan and to the extent the individual or
the provider is not eligible to receive payment under
title XVIII (Medicare) for the provision of the service
to the individual."
Medical or remedial care is considered to be an "integral but
subordinate" part of a social service when the following condi-
tions are in effect: (1) the social service cannot be provided
- 19 -
effectively without the essential medical or remedial component;
(2) recipients of the service usually receive the medical or
remedial component; (3) the medical or remedial component does
not exceed 25 percent of the total cost of providing the service
of which it is a part. The medical or remedial component of the
social service must be included in the definition of the service
in the Comprehensive Annual Services Program Plan (CASP).
The estimated expenditures for adult day care services represent
only 1.7% (or approximately $32 million) of the total Fiscal
Year 1976 Title XX expenditures as estimated by States. Thirty-
seven States included day care services for adults as an
identifiable service in their final Title XX State plans. Twenty-
six of these States are providing adult day services on a statewide
basis (See Appendix C). The estimated number of individuals to be
served is 70,209. The services provided in these day care programs
include meals, health care, education and training activities,
recreation and socialization activities, and transportation.
Licensed day care centers operated by public and private providers
is the common mode of delivery of this care. The use of family
day care homes was described by 10 States as the delivery mode.
- 20 -
er
Coordination with the State Title XX Agency
A requirement for the Fiscal Year 1975 State plans on aging
(S)
related to the development of an interagency agreement on the
part of each State Agency on Aging with the State agency
administering the Title XX program in the State. State agencies
on aging which have already developed agreements may wish to
continue their efforts in coordination with the State agency
administering the Title XX agency by focusing on developing or
expanding day care services for older persons; States which are
in the process of initiating agreements may wish to include in
the agreements a joint programming objective relative to day care
services.
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- 21 -
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3. Medicare - Title XVIII of the Social Security Act
Medicare has some potential for reimbursement of medical/
health services provided within a day care program; however,
the Medicare reimbursement mechanism does not recognize day
care as a separate identifiable service for its beneficiaries.
In order for Medicare to provide reimbursement for services
to patients in a facility providing day care services, the
following must be met:
Patient/Beneficiary: The patient must be certified for
Part B of Medicare (Medical Insurance).
Facility: The facility providing services must be a
certified Medicare provider - a hospital,
out-patient department of a hospital or skilled nursing
home, or a free-standing clinic which is certified for out-
patient services.
Covered Services: Services which may be reimbursed include
the following: physician services, professional nursing
services, rehabilitation therapies, including physical, speech,
and occupational therapies, laboratory and radiology services,
and (under certain conditions) durable medical equipment.
1/ The Administration on Agin° does not have a specific agreement with the
Social Security Administration relating to the Medicare program al though the
Administration on Aging and the Social Security Administration are
represented on DHEW interagency Task Forces on long-term care services.
- 22 -
In order for a patient to receive these services, the
patient must be in need of active rehabilitative care under
a plan of treatment with definite care goals. (Care which
may be classified as maintenance is not reimbursable.)
Costs for administrative and social work services are not
separately reimbursable except as they may be allocated
toward cost centers for the provision of one of the services
identified above. The deductible and co-payment charges for
Medicare Part B services are applicable to any such services
delivered in a day health care setting.
A State agency on aging, on behalf of an area agency on aging,
or any other agency or group, wishing to investigate the
potential for establishing reimbursement through Medicare for
services to Medicare (Part B) beneficiaries in a day care setting
meeting Medicare requirements is encouraged to contact the
Bureau of Health Insurance/Social Security Administration offices,
located in the HEW Regional Offices. Regional Offices on Aging
may assist State Agencies on Aging in this regard.
APPENDIX A
Research and Demonstration Projects on Day Care Services
The Social Security Amendments of 1967 and 1972 authorize the Secretary of
Health, Education, and Welfare to undertake experiments and demonstrations
which will assist the Secretary in making recommendations to Congress for
changes in the methods of financing health care and services. The Social
Security Amendments of 1972 (specifically, Section 222(b) of P.L. 92-603)
authorize the establishment of "an experimental program to provide day care
services
for individuals eligible to enroll in supplemental medical
insurance program established under Part B of Title XVIII (Medicare) and
Title XIX (Medicaid) of the Social Security Act
"
Research and demonstration projects to carry out the legislative authority
of Section 222 of P.L. 92-603 are now underway in the area of day care.
Day care services are being tested in several sites throughout the country
as a post-hospital and non-post-hospital benefit. The projects are a
collaborative effort on the part of the National Center for Health Services
Research/Health Resources Administration (Rockville, Maryland); the Bureau
of Health Insurance/Social Security Administration; and demonstration
contractors.
In connection with the establishment of the experimental program to provide
day care services, regulations describing the scope of services have been
developed. Attached is a copy of the regulations as published in tentative
form in the Federal Register, January 6, 1976.
Appendix A
Page 2
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Source: Federal Register, Friday, January 9, 1976, Vol 41, No.6,
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Annendix A Page 3
1604
PROPOSED RULES
social needs and to help prevent or retard
projects to establish an experimental
§ 450.217 Standard for participation;
physical or mental deterioration that
program to provide day-care services in
physical plant.
might otherwise require institutionaliza-
day-care centers which meet such stand-
The participating day-care center
tion.
ards as the Secretary may establish by
must have a physical plant which:
Prior to the final adoption of the pro-
regulations.
(a) Complies with all applicable local
posed regulations, consideration will be
§ 450.203 Eligibility to participate in a
and State building regulations:
given to any data, views or arguments
demonstration program.
(b) Complies with all applicable local
pertaining thereto which are submitted
To be eligible to participate in a dem-
and State health and safety codes;
in writing in triplicate to the Commis-
onstration program authorized by § 450.-
(c) Is equipped and maintained to
sioner of Social Security, Department of
Health, Education, and Welfare, Social
201, a day-care center must offer serv-
provide a safe, functional, sanitary, and
Security Administration, P.O. Box 1585,
ices:
comfortable environment, with special
Baltimore, Maryland 21203, or on before
(a) Which are provided under health
equipment for handicapped participants;
February 9, 1976:
leadership in an ambulatory care setting
(d) Contains an area for dining, social
Copies of all comments received in
to adults who do not require 24-hour in-
activities, and a suitable area for rest
stitutional care but who are incapable
periods;
response to this notice will be available
of full-time independent living due to
(e) Contains an adequate number of
for public inspection during regular busi-
physical or mental impairment; and
easily accessible bathroom facilities; and
ness hours at the Washington Inquiries
(b) To adults who are referred to the
(f) Has a posted, written disaster pre-
Section, Office of Information, Social
Security Administration, Department of
program by their attending physician or
paredness plan, available to all person-
by some other appropriate source, i.e., an
nel.
Health, Education, and Welfare, North
Building, Room 4146, 330 Independence
institutional- discharge planning pro-
§ 450.225 Day-care services provided.
Avenue SW., Washington, D.C. 20201.
gram, a welfare agency, or other similar
agency: and
(a) All participating day-care centers
(Catalog of Federal Domestic Assistance Pro-
(c) Which satisfy the participants'
must offer at least the following services:
gram No. 13.801, Health Insurance for the
health maintenance and restoration
(1) Emergency services. Instructions
Aged-Supplementary Medical Insurance)
needs, including socialization elements
for dealing with emergency situations
to overcome isolation often associated
must be established in writing. Such
Dated: October 22, 1975.
with illness in the aged and disabled.
instructions must include the name and
J.B. CARDWELL,
telephone number of a physician on call,
Commissioner of Social Security.
§ 450.205 Standard for participation;
written arrangements with a nearby hos-
compliance with Federal, State, and
Approved: January 5, 1976.
pital for inpatient and emergency room
local laws.
service, and provision for ambulance
DAVID MATHEWS,
The experimental day-care center
transportation.
Secretary of Health, Education,
must be in compliance with applicable
(2) Rehabilitative services. Rehabili-
and Welfare.
Federal, State, and local laws and regu-
tative services must include physical
Part 450 of Chapter III of Title 20 of
lations.
therapy, occupational therapy, and
the Code of Federal Regulations is
speech therapy services which are pro-
§ 450.207 Standard for participation;
amended by adding thereto a new Sub-
vided by the day-care program directly
full-time director.
part B to read as follows:
or indirectly through arrangements with
The participating day-care center
qualified outside sources and which are
Subpart B-Experimental Day-Care Programs
must have a full-time director who is
designed to improve or maintain ability
Secs.
responsible for the overall conduct of all
for independent functioning.
450.201 Day-care experiments; general.
day-care program activities.
(3) Personal care services. Personal
450.203
Eligibility to participate in a dem-
care services must include assistance
onstration program.
§ 450.209 Standard for participation;
450.205
Standard for participation; compli-
professional and supportive person-
with activities for daily living (i.e., walk-
ance with Federal, State, and 10-
nel.
ing, eating, toileting, grooming) and su-
cal laws.
pervision of personal hygiene.
450.207
Standard for participation; full-
The participating day-care center must
(4) Nutrition services. The day-care
time director.
have appropriate professional and sup-
program must provide a minimum of one
450.209
Standard for participation; profes-
portive personnel to provide quality serv-
meal per day which is of suitable quality
sional and supportive personnel.
ices efficiently and effectively.
and quantity as to supply at least one-
450.211
Standard for participation; written
policies and procedures.
§ 450.211 Standard for participation;
third (½) of the daily nutritional re-
450.213
Standard for participation; written
written policies and procedures.
quirement. Special diets and supplemen-
plan of day-care.
The participating day-care center
tal feedings must be available if
450.217
Standard for participation; physi-
must have written policies and proce-
indicated.
cal plant.
dures which reflect the day-care center's
(5) Social work services. Social work
450.225 Day-care services provided.
objectives and which govern the provi-
services must be designed and coordi-
AUTHORITY: Sec. 402(a) (1) (H), Pub. L.
sion of services.
nated in such a manner as to promote
90-248, the Social Security Amendments of
maintenance of physical and mental
1967, as amended by sec. 222, Pub. L 92-603,
§ 450.213 Standard for participation;
health by alleviating personal and social
81 Stat. 931 as amended at 86 Stat. 1392,
written plan of day-care.
problems. Such services must include
(42 U.S.C. 1395b-1 (a) (1) (H)).
The participating day-care center
guidance or or referral in social, finan-
Subpart B-Experimental Day-Care
must provide a written individualised
cial, and legal matters, assistance with
Programs
plan of day-care for each participant
housing relocation and shopping, coun-
I 450.201 Day-care experiments; gen-
based on a preadmission physical exami-
seling on available community resources.
eral.
nation and recommendations of the at-
(6) Patient activities services. The
tending physician, and such physician
day-care program must provide planned
Pursuant to section 402(a) of Pub. L
must periodically review the plan in con-
recreational and social activities suited
90-248 (the Social Security Amendments
junction with the day-care program's
to the needs of the participants and de-
of 1967). as amended by section 222(b)
multidisciplinary team.
signed to encourage physical exercise, to
(1) of Pub. L 92-603, the Secretary of
Health, Education, and Welfare is au-
§ 450.215 Standard for participation;
prevent deterioration, and to stimulate
thorized to enter into contracts with
health record system.
social interaction.
The participating day-care center
(7) Transportation services. The day-
public or private agencies, institutions,
must have a health record system which
care program must provide transporta-
and organizations, to develop and en-
includes the maintenance of a complete
tion, when indicated, for participants to
gage in experiments and demonstration
file on each participant.
and from their homes and to other com-
Appendix A Page 4
E
labol
lesol
munity facilities utilized in implement-
of has
ing the participants' plan of day-care.
bris a
(b) The day-care center may provide
other services that are consistent with
the general requirements in paragraph
(a) of this section.
[FR Doc.76-644 Filed 1-8-76;8:45 am]
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APPENDIX A Page 5
Recommended Standards for Day Care Provider Organizations (Medical
Services Administration of the Social and Rehabilitation Service)
The Medical Services Administration of the Social and Rehabilitation
Service, the Federal agency which administers the Medicaid program, has
described a general set of standards and procedures which should be required
of day care providers by State Medicaid agencies as follows:
A. The organization desiring to conduct a (day care) program for
(day care) registrants on a non-resident basis should be
required to apply for the State's (Medicaid agency) approval.
B. The applying organization should be required:
1. To describe in writing its philosophy, objectives and
program for providing medical and ancillary health-
related services to non-resident (day care) registrants
in its facilities.
2. To provide a comprehensive assessment of the health
status and the related social, psychological and
cognitive needs of each individual patient and a
determination of the range and kinds of services
required. These determinations must be made prior
to the registration of the patient in order to
demonstrate satisfactorily the suitability of the
program to the patient's needs.
3. To demonstrate to the satisfaction of the State
(Medicaid) agency that the organization has adequate
staff and facilities to provide the planned services
for the types of patients described in its program
scheme.
4. To insure that the assessment of need and the individual
treatment plan are professionally prescribed by a
physician or other suitably recognized practitioner or
inter-disciplinary team; and that qualified supervisory
personnel, approved by State licensure, carry out the
plan of care.
APPENDIX A Page 6
5. To provide through in-house staff or suitable back-up
agreements whatever non-routine specialist medical
services may become necessary (for the participants).
6. To conclude a written agreement with each registrant
(and/or sponsor) which specifies, but is not limited
to, a list of basis services which are to be furnished
by the (day care) facility to registrants and to be paid
for on a "per visit basis" or according to a specified
schedule of daily or monthly rates, as approved by the
State and in keeping with Federal regulations.
7. To keep an individual medical and fiscal record as
approved by the State agency.
8. To present its reporting system to the State for purposes
of evaluation and approval.
C. The State should set up an ongoing evaluation of the overall
program and of the individual (day care) facilities in the
program.
Source: Medical Services Administration, Information Memorandum
(SRS-IM-76-3), January 22, 1976, "Reimbursement under
Title XIX, Social Security Act, for Services to the
Chronically Ill and Impaired in Alternative Settings."
S
APPENDIX B
Clinic Services Under Medicaid
The following states provide clinic services as an optional service
under their State Title XIX (Medicaid) plans:
Arkansas, California, Connecticut, Delaware, District of Columbia, Georgia,
Guam, Hawaii, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maine,
Maryland, Massachusetts, Michigan, Minnesota, Montana, Nebraska, Nevada,
New Hampshire, New Jersey, New Mexico, New York, North Carolina, Ohio,
Oregon, Pennsylvania, Purerto Rico, South Carolina, South Dakota, Tennessee,
Utah, Vermont, Virgin Islands, Virginia, Washington, West Virginia, Wisconsin.
APPENDIX C
Adult Day Care Services under State Title XX
Comprehensive Annual Service Plans (CASP)
Adult day care services are included in the social services plans of 37
states. Ten of these states include adult day care as a component of another
service. The following is a listing of States which provide adult day care.
Indication is made where adult day care is included as a component of another
service, as identified in the State plan.
Alabama
Arkansas
California
Day Care for Mentally Retarded and
Developmentally Disabled
-- Special Services to Adults
Colorado
-- Services to the Developmentally Disabled
Connecticut
-- Day Care Services
Delaware
Florida
Georgia
Hawaii
Illinois
Indiana
-- Day Activity Program
Iowa
Kansas
-- Day Care Services
Kentucky
Louisiana
Maryland
Minnesota
Mississippi
-- Day Care Services
Missouri
Nebraska
New Hampshire
- Group Day Care Services
New Jersey
New Mexico
North Carolina
North Dakota
Ohio
Oklahoma
-- Day Care Services
Pennsylvania
South Carolina
Tennessee
-- Day Care Services
Texas
Utah
Virginia
Washington
West Virginia
Wisconsin
-- Day Care Services
Wyoming
APPENDIX C Page 2
Twenty-six (26) states are providing adult day care statewide. Eleven
States offer the service in certain designated geographic areas as
shown below:
Georgia
5 out of 10 districts
Hawaii
4 out of 7 districts
Louisiana
9 out of 64 parishes
Maryland
6 out of 24 counties
Minnesota
70 out of 85 counties
New Mexico
3 out of 8 planning areas
North Dakota
7 out of 53 counties
Ohio
5 out of 88 counties
Utah
1 out of 10 districts
Washington
3 out of 6 regions
West Virginia
5 out of 27 planning areas
Source: Title XX - Final CASP Plans, Technical Note 6,
"Adult Day Care," January 12, 1976.
DEPARTMENT OF
HEALTH, EDUCATION, AND WELFARE
POSTAGE AND FEES PAID
WASHINGTON, D.C. 20201
U.S. DEPARTMENT OF H.E.W.
OFFICIAL BUSINESS
391
U.S.MAIL
PENALTY FOR PRIVATE USE, $300
FIRST CLASS
-
OJ
È
A
Ms. Sarah Nessengale 0SCP-3
Domestic Council Staff
Room 220, x DE
17th & Pens. Ave. N.W.
Washington D.C.
01
10
a
8
is
i
PRESS CONFERENCE NO. 26
free
of the
PRESIDENT OF THE UNITED STATES
elderly
Grand Baldroom
At the Sheraton Orlando
Jetport Inn
Orlando, Florida
February 13, 1976
ELDERLY
QUESTION: Mr. President, you have given the
first of some special messages to Congress on theeproblems.of
the elderly. What kind of help do you propose to help Florida's
many senior citizens?
THE PRESIDENT: In the first place, I fully agree
with whatever the increases in Social Security benefits will
I
be under the cost of living escalator clause. That will
take place later this year. I fully concur with that.
Number two, I happen to believe it is vitally
important for us to make certain that the Social Security
Trust Fund is fully funded. At the present time, it is running
in a deficit of about $4 billion per year. Sometime in
1980, if we don't do something, the funds will be depleted.
I have recommended one proposal to make sure--to make positive--
that those who are retired and those who are to be retired
will have a continuous flow of the benefits under Social
Security.
Number three, I have recommended that we incorporate
in the law a new program to take care of roughly the
3 : million individuals, most of whom are among our older
citizens, who are suffering from what we call catastrophic
illnesses. At the present time, there is no program to
take care of those who have expanded and serious illnesses.
I have proposed a catastrophic health care plan that will take
care of about 3 million people under Medicare. I think it is
a good proposal and I hope the Congress will respond to it.
In addition, I have recommended good funding,
I think, for what we call the Older Americans Act. It has
\
a wide variety of services that are incorporated and I hope
the Congress does as I have recommended in the funding of
those programs.
Advance Lopy
TO tac house or Representatives:
Attn: Joe Vasquez
7202 NEOB
I return horowith, without MY approval, entitled Older
Americane Act of 1975.
This bill enends 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 busis 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 this opposed to further dividing program responsibility
and administration botween the USDA and ILW: I do not favor any legislation
Vaicu compels the UNDA to purchase in the open market foods to be donated to
a Begment of the population, thus disturbing the normal charnels of trade and
commerce, if their food noods can be not through existing commercial suppliers.
or special concern to Lee is the concern which all of us must show for
inhibiting any further increase in the already awesome Pederal deficit.
FORD i LIBRARY GERALD
U.S. DEPARTMENT OF LABOR
OFFICE OF THE SECRETARY
WASHINGTON
Honorable James T. Lynn
Director
FORD & GERALD LIBRARY
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 por 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 rd 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 manyower 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 undosirable.
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,
you
FORD & 9ERALD LIBRARY
Secretary of Labor
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
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 the 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.
FOR FO & LIBRARY GERALD
-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
FORD is LIBRARY GERALD
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' 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, amoing 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 thissection.
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.
GERALD FORD LIBRARY
- 2 -
With the above noted reservation the Commission is pleased to recommend
the bill for the signature of the President.
Sincerely,
Staff Director
FORD & LIBRARY GERALD
DEPARTMENT
OFFICE OF THE SECRETARY OF TRANSPORTATION
WASHINGTON, D.C. 20590
UNITID
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.
FORD LIBRARY & SERALD
- 2 -
Section 106 (b) of the enrolled bill would amend section 305 (a)
of the Act by adding a new provision requiring each State to
provide for the establishment and maintenance of programs
(including related training) for some or all of the following
services: transportation; home services; legal and counseling
services; 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
FORD LIBRARY & GERALD
Environment, Safety, and
Consumer Affairs