58 (d) One year following transmission of the Commission's report. or two and one-half years after enactment, whichever comes first, but not before expiration of the two periods of forty-five days each entioned in (b) and (e), above-the Secretary of the Department of Hewitz. Education, and Welfare shall publish proposed general regulations to implement the prohibition against age discrimination con fained in this time. (e) Ninety days after publication of such proposed regulationsthe Secretary shall publish final general regulations for implements tion of this title. (1) Ninety days after publication of such general regulationseach Federal department and agency which provides Federal financial assistance to programs or activities (including HEW) shall publish regulations for implementing this title as applied to such programs or activities, which regulations shall be consistent with the general regulations issued by the Secretary of Health. Education, and Welfare. (g) January 1, 1979-Earliest date on which regulations issued pursuant to this title may be effective. Several other changes made by the conference substitute merit comment. Section 304 (b) sets forth the exclusions from coverage by this title in substantially the same form as in the House bill, but with some additional language included to clarify congressional intent. Under subsection (b)(1)(A), in language taken from the House bill, what would otherwise be a prohibited discriminatory action is excluded if "such action reasonably takes into account age as a factor necessary to the normal operation" of the program or activity. To this, the conferees have added the further provision that such action is not prohibited if it reasonably takes into account "the achievement of any statutory objective" of the program or activity involved. In section 304 (b) (2), the language of the House bill excluded from coverage of this title programs for which the law provides benefits to persons based on such person's age, such as with Social Security. The conferees have expanded this concept so as to exclude, as well, programs for which the law describes intended beneficiaries or target groups in age-related terms without reference to specific chronological age, as in the use of such terms as "older Americans", or "elderly”, or "children". The conferees have further modified provisions in the House bill to make clear that employment practices (except for public service employment under the Comprehensive Employment and Training Act of 1974) and admission to labor-management joint apprenticeship training programs are not covered by this title. A provision has also been added to state that this title in no way affects enforcement of the Age Discrimination in Employment Act of 1967. The provisions of the House bill that deal with enforcement and judicial review have been retained with only minor changes. These provisions were also taken from title VI of the Civil Rights Act of 1964. There are currently pending revised regulations proposed by the Secretary of Health, Education, and Welfare to establish a 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 endorsement or approval of such proposed regulations. Resolutions to dis 59 approve the proposed regulations have been introduced in both the Senate and the House of Representatives. It is the expectation of the conferees that the disputed issues raised by the proposed regulations will be resolved one way or the other, but without regard to the provisions of this title. Once those issues are resolved and final regulations are adopted, the conferees intend that regulations for the enforcement of this title be consistent with the overall regulatory structure. In conclusion, the conferees wish to stress the importance of the study of age discrimination in federally-assisted programs to be conducted by the Civil Rights Commission, and the report and recommendations of the Commission based on such study. Where there is found evidence that participation in such programs is affected by distinctions based on age, then the Commission ought to consider the reasonableness of such distinctions and, where appropriate, review the social, economic, legal, and administrative effects of alternative responses to the question of what is reasonable in each case. A thorough, objective, and thoughtful study of this subject is essential to a final resolution by the Congress of the difficult policy issues that are left undecided by this legislation. CARL D. PERKINS, JOHN BRADEMAS, SHIRLEY CHISHOLM, WILLIAM LEHMAN, ROBERT J. CORNELL, Managers on the Part of the House. THOMAS F. EAGLETON, ALAN CRANSTON, EDWARD M. KENNEDY, JENNINGS RANDOLPH, HARRISON A. WILLIAMS, CLAIBORNE PELL, GAYLORD NELSON, J. GLENN BEALL, Jr., BOB TAFT, Jr., ROBERT T. STAFFORD, Managers on the Part of the Senate. JUNE 25 (legislative day, JUNE 6), 1975.—Ordered to be printed Mr. EAGLETON, from the Committee on Labor and Public Welfare, submitted the following REPORT [To accompany S. 1425] The Committee on Labor and Public Welfare, to which was referred the bill (S. 1425) to amend the Older Americans Act of 1965 to extend the authorizations of appropriations contained in such Act, and for other purposes, having considered the same, reports favorably thereon with an amendment in the nature of a substitute and recommends that the bill (as amended) do pass. SUMMARY This legislation continues for an additional two years until September 30, 1977, authorizations for programs conducted under the Older Americans Act of 1975; it creates a new program of grants to the states to establish programs of transportation, home services, and legal services to the aging; it extends authorizations for related programs for the aging under other acts; and it provides for a study of the subject of age discrimination to be conducted by the United States Commission on Civil Rights. More specifically, S. 1425 contains the following provisions: (1) The definition of "social services" which may be made available by state and area agencies funded under Title III is expanded to include (A) legal counseling and services to older persons and (B) programs designed to maintain and improve the physical fitness of older persons. (2) The Commissioner on Aging is authorized to make direct grants to Indian tribal organizations for the provision of services to elderly Indians out of funds reserved from state allotments-thus bypassing the state and area agencies on aging-in instances where he finds that Indians are not receiving equivalent services (taking into account the 2 amount of funds available for this purpose) and that they would be better served through services provided by a tribal organization, funded directly by AoA. (3) The state plan requirements under Title III are amended to require that, in developing and implementing plans, states take into account the needs of low income elderly persons, and the relative distribution of older persons residing in rural and urban areas of the state. (4) The minimum amount alloted for state administrative funding is increased from $160,000 to $200,000 and, in the future, states will be allowed to retain up to 8% of the amount by which their allotments under Titles III and VII exceed the allotments under such titles made in Fiscal Year 1974 (or in Fiscal Year 1976 for those states receiving the increased minimum allotment). (5) Several new categories are added to the list of model projects to which the Commissioner on Aging is directed to give special consideration in alloting discretionary funds available to him under the model project authority contained in Section 308. (6) A new program is established to give special emphasis to transportation, home services, and legal services. Grants to the states are authorized for the purpose of supporting programs in these areas. (7) Authorizations are continued for the senior center program under Title V. (8) Authorizations for gerontological training and research are extended for two years under Title IV of the Act and new programs are authorized for training in legal services to the aging and in collegeand university-based training. (9) Authorizations for nutrition projects for the elderly under Title VII (which were extended through Fiscal Year 1977 last year) are increased by 1212% to offset the effects of inflation. (10) Authorization for the Older Workers Community Service Employment program is continued for an additional three years (through September 30, 1978) at increased levels and with an allotment formula providing that appropriated funds first be used to continue projects operated by national organizations. (11) Authorizations for special programs for the elderly under the Library Services and Construction Act, Adult Education Act, Higher Education Act, Community Services Act, and the Vocational Education Act are continued. (12) The United States Commission on Civil Rights is directed to make a study of age discrimination, with a report containing its finding and recommendations to Congress and the President due within one year after funds are appropriated for the conduct of the study. COMMITTEE AMENDMENT The Committee amendment to the text of the bill strikes out all after the enacting clause and inserts in lieu thereof the following: TITLE I—AMENDMENTS TO OLDER AMERICANS ACT OF 1965 TRANSMISSION OF CERTAIN RECOMMENDATIONS RELATING TO FEDERAL COUNCIL ON AGING SEC. 101. (a) Section 205 (g) of the Older Americans Act of 1965, as amended (42 U.S.C. 3015 (g)) (hereinafter in this title referred to as the "Act") is |