(c) The Secretary shall not conduct, within any region of the United States, any training program if, on the basis of all the data available to him, he finds that the positions for which training of senior citizens is provided can otherwise be filled by full-time job applicants.

GRANTS TO NONPROFIT ORGANIZATIONS

SEC. 5. (a) In carrying out the training programs provided for in section 4, the Secretary shall, to the maximum extent practicable, utilize the services of public and other nonprofit organizations and agencies, which shall be reimbursed for their services through a system of direct grants to be created and administered by the Secretary for such purpose.

(b) The Secretary is further authorized to make direct grants to such organizations for demonstration projects designed to promote the interest of such organizations in undertaking the training and recruitment of retired individuals for employment within the fields of health, education, and welfare.

APPROPRIATION

SEC. 6. For the purpose of carrying out the provisions of this Act, there is hereby authorized to be appropriated, for the fiscal year commencing July 1, 1960, and for each of the two succeeding fiscal years, the sum of $5,000,000.

ESTABLISHING A U.S. OFFICE OF AGING

A BILL To present a declaration of objectives for senior Americans; provide for the establishment of a United States Office of Aging within the Department of Health, Education, and Welfare to be headed by an Assistant Secretary for Aging; authorize Federal grants to assist in the development and operation of studies and projects to help older persons, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SHORT TITLE

SECTION 1. This Act may be cited as the "Declaration of Objectives for Senior Americans Act".

TITLE I-DECLARATION OF OBJECTIVES; DEFINITIONS

DECLARATION OF OBJECTIVES FOR SENIOR AMERICANS

SEC. 101. The Congress hereby finds and declares that, in keeping with the traditional American concept of the inherent dignity of the individual in our democratic society, the older people of our Nation are entitled to, and it is the joint and several duty and responsibility of the Governments of the United States and of the several States and their political subdivisions to enable our older people to secure equal opportunity to the full and free enjoyment of the following objectives—

(1) An adequate income in retirement in accordance with the American standard of living.

(2) The best possible physical and mental health which medical science can make available and without regard to economic status.

(3) Suitable housing, independently selected, designed and located with reference to special needs and available at costs which older citizens can afford.

(4) Full restorative services for those who require institutional care. (5) Opportunity for employment with no discriminatory personnel practices because of age.

(6) Retirement in health, honor, dignity after years of contribution to the economy.

(7) Pursuit of meaningful activity within the widest range of civic, cultural, and recreational opportunities.

(8) Efficient community services which provide social assistance in a coordinated manner and which are readily available when needed.

(9) Immediate benefit from proven research knowledge which can sustain and improve health and happiness.

(10) Freedom, independence, and the free exercise of individual initiative in planning and managing their own lives.

DEFINITIONS

SEC. 102. For the purposes of this Act

(1) The term "Secretary" means the Secretary of Health, Education, and Welfare;

(2) The term "Assistant Secretary" means the Assistant Secretary of Health, Education, and Welfare for the United States Office of Aging;

(3) The term "State" includes the District of Columbia, the Virgin Islands, and Puerto Rico; and

(4) The term "nonprofit institution or organization" means an institution or organization which is owned and operated by one or more corporations or associations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual.

TITLE II—UNITED STATES OFFICE OF AGING

ESTABLISHMENT OF OFFICE

SEC. 201. (a) There is hereby established within the Department of Health, Education, and Welfare an office to be known as the United States Office of Aging (hereinafter referred to as the "Office").

(b) The Office shall be under the direction of an Assistant Secretary of Health, Education, and Welfare to be appointed by the President by and with the advice and consent of the Senate.

FUNCTIONS OF OFFICE

SEC. 202. It shall be the duty and function of the Office to

(1) serve as a clearinghouse for information related to problems of the aged and aging;

(2) assist the Secretary in all matters pertaining to problems of the aged and aging;

(3) administer the grants provided by this Act;

(4) develop plans, conduct and arrange for research and demonstration programs in the field of aging;

(5) provide technical assistance and consultation to States and political subdivisions thereof with respect to programs for the aged and aging;

(6) prepare, publish, and disseminate educational materials dealing with the welfare of older persons;

(7) gather statistics in the field of aging which other Federal agencies are not collecting; and

(8) stimulate more effective use of existing resources and available services.

TITLE III-PLANNING GRANTS

AUTHORIZATION AND USE OF APPROPRIATION

SEC. 301. (a) For the purpose of assisting each State to conduct studies and develop plans for new programs, or for the improvement and coordination of existing programs, which will further the policies set forth in section 101 of this Act, there is hereby authorized to be appropriated the sum of $2,090,000, to remain available until expended.

(b) The sums appropriated pursuant to this section shall be used for making payments to States which have submitted and had approved, under this title, applications for funds to be used in developing such plans.

STATE APPLICATIONS

SEC. 302. The Secretary shall approve any application of a State for funds to be used in developing plans referred to in section 301 if such application

(1) designates a State officer or agency which shall have the responsibility of developing such plans;

(2) shows that there has been consultation with representatives of State agencies concerned with the needs of older persons;

(3) provides for an analysis of the needs and potentialities of the older persons of the State and a determination of the most urgent priorities for services on their behalf; and

(4) provides that the designated State officer or agency shall make such reports, in such form and containing such information, as the Secretary may

from time to time reasonably require, and comply with such provisions as the Secretary may from time to time find necessary to assure the correctness and verification of such reports.

ALLOTMENTS AND PAYMENTS TO STATES

SEC. 303. Any appropriation made pursuant to section 301 shall be allotted in equal shares among the States, except that the allotment of the Virgin Islands shall be $10,000, and each State which is entitled thereto shall receive an amount equal to its allotment.

TITLE IV-PROJECT GRANTS

AUTHORIZATION AND USE OF APPROPRIATIONS

SEC. 401. (a) For the purpose of assisting States to initiate and operate projects in accordance with plans which they have developed to further the policies set forth in section 101 of this Act, there is hereby authorized to be appropriated the sum of $10,000,000 for the fiscal year ending June 30, 1961, the sum of $15,000,000 for the fiscal year ending June 30, 1962, the sum of $20,000,000 for the fiscal year ending June 30, 1963, and the sum of $25,000,000 for the fiscal year ending June 30, 1964.

(b) The sums appropriated pursuant to this section shall be available for making grants to States which have submitted and had approved, under this title, State plans developed to further the policies set forth in section 101 of this Act.

STATE PLANS

SEC. 402. The Secretary shall approve any State plan submitted to him if he finds that such plan

(1) makes provision for the initiation and operation of projects which will further one or more of the policies set forth in section 101 of this Act;

(2) provides for the administrative responsibility of the plan by a single State officer or agency;

(3) provides for coordination of State and local programs for services to older persons and for coordinated planning of such programs;

(4) provides for consultation with voluntary organizations providing services for older persons with civic groups concerned with their needs, and with organized groups of older persons;

(5) provides for financial participation by the State in each major category of service contemplated by the plan and sets forth the method of allocating funds among the State or local agencies participating in carrying out the State plan or specified portions of the State plan;

(6) provides such methods of administration (including methods relating to the establishment and maintenance of personnel standards on a merit basis, except that (A) the Secretary shall exercise no authority with respect to the selection, tenure of office, and compensation of any individual`employed in accordance with such methods and (B) approval of a State plan shall not be withheld by reason of a State law which prevents a State or local agency from providing such methods, if the Secretary finds that such law was enacted prior to the enactment of this Act and the plan provides methods assuring that only qualified personnel will be employed) as are necessary for the proper and efficient operation of the plan; and

(7) provides that the State officer or agency administering or supervising the administration of the plan shall make such reports, in such form, and containing such information as the Secretary may from time to time reasonably require, and comply with such provisions as he may from time to time find necessary to assure the correctness and verification of such reports.

ALLOTMENTS AND PAYMENTS TO THE STATES

SEC. 403. (a) (1) From the sums appropriated for any fiscal year pursuant to section 401, the Secretary shall allot to each State for which a State application under section 402 has been approved an amount which bears the same ratio to the sums so appropriated for such fiscal year as the population aged 65 or over of such State bears to the population aged 65 or over of all the States; except that the allotment of no State shall be less than $50,000.

(2) Any funds which are allotted to, but not received by, any State for any fiscal year shall be reallotted among the several States for the succeeding fiscal year in the same manner as that provided by paragraph (1).

(b) (1) From each State's allotment under this section for any fiscal year the Secretary shall pay to such State an amount equal to the Federal share of the cost, during such fiscal year, of initiating and operating projects under and in accordance with its State plan approved under section 402.

(2) For the purposes of this subsection the "Federal share" of the cost involved shall be, in the case of any State, 100 per centum 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 continental United States (excluding Alaska), except that (A) the Federal share shall in no case be more than 66% per centum or less than 33% per centum, and (B) the Federal share for Hawaii and Alaska shall be 50 per centum, and for Puerto Rico and the Virgin Islands shall be 66% per

centum.

(3) The "Federal shares" of the several States shall be promulgated by the Secretary between July 1 and September 30 of each odd-numbered year, on the basis of the average of the per capita incomes of the States and of the continental United States for the three most recent consecutive years for which satisfactory data are available from the Department of Commerce. Such promulgation shall be conclusive for each of the two fiscal years in the period beginning July 1 next succeeding such promulgation.

TITLE V-GRANTS TO INSTITUTIONS AND ORGANIZATIONS

AUTHORIZATION AND USE OF APPROPRIATION

SEC. 501. (a) For the purpose of assisting public and other nonprofit institutions and organizations in carrying out research and training programs which, in the judgment of the Secretary, hold promise of making a substantial contribution to the policies set forth in section 101 of this Act, there is hereby authorized to be appropriated the sum of $2,000,000, to remain available until expended.

(b) The sum appropriated pursuant to this section shall be used for making payment to public and other nonprofit institutions and organizations under standards which shall be prescribed by the Secretary.

TITLE VI-GENERAL PROVISIONS

ADMINISTRATION

SEC. 601. (a) In administering this Act, the Secretary shall cooperate with and render technical assistance to States and organizations in matters relating to needs of older persons, provide short-term training and instruction in technical matters relating to services, and otherwise promote the development and improvement of programs for services on their behalf.

(b) The Secretary is authorized to make rules and regulations for carrying out the provisions of this Act.

(c) There is hereby authorized to be included in the appropriations for the Department of Health, Education, and Welfare for each fiscal year such sums as are necessary to administer this Act.

ADVISORY COMMITTEES

SEC. 602. The Secretary is authorized to establish an Advisory Committee on the Aged and Aging composed of professional and public members, and, as necessary, to establish technical advisory committees, to advise and assist him in the administration of this Act. Appointed members of such committees, while attending conferences or meetings of their committees (or while traveling to or from the same) or otherwise serving at the request of the Secretary, shall be entitled to receive compensation at a rate to be fixed by the Secretary, and while away from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law (5 U.S.C. 73b-2) for persons in the Government service employed intermittently.

PAYMENTS

SEC. 603. (a) The method of computing payments under title IV of this Act shall be as follows:

(1) The Secretary shall, prior to the beginning of each calendar quarter or other period prescribed by him, estimate the amount to be paid to each State for such period, such estimate to be based on such records of the State and information furnished by it, and such other investigation, as the Secretary may find

necessary.

(2) The Secretary shall pay to the State, from the allotment available therefor, the amount so estimated by him for any period, reduced or increased, as the case may be, by any sum (not previously adjusted under this paragraph) by which he finds that his estimate of the amount to be paid the State for any prior period under such title was greater or less than the amount which should have been paid to the State for such prior period under such title.

(b) Payments under title V shall be made in advance or by way of reimbursement for services performed and purchases made, as may be determined by the Secretary, and shall be made on such conditions as the Secretary finds necessary to carry out the purposes of such title.

(c) Payments of grants made under this Act shall be made through the disbursing facilities of the Treasury Department, in such installments as the Secretary may determine.

(d) Any funds paid under this Act to a State or to a public or other nonprofit institution or organization which are not expended for the purpose for which paid shall be repaid to the Treasury of the United States.

WITHHOLDING OF PAYMENTS AND JUDICIAL REVIEW

SEC. 604. (a) Whenever the Secretary

(1) after reasonable notice and opportunity for hearing to the State officer or agency designated in accordance with section 302(1), finds that the State officer or agency is not complying substantially with a provision required by section 302 to be contained in its application for funds under title III, or

(2) after reasonable notice and opportunity for hearing to the State officer or agency administering or supervising the administration of a State plan finds (A) that the State plan or a specified portion of the State plan submitted and approved under section 402 has been so changed that it no longer complies with a provision required by section 402 to be included in the plan, or (B) that in the administration of the plan or a specified portion of the plan there is a failure to comply substantially with such a provision, the Secretary shall notify the State officer or agency that no further payments will be made to the State under section 303 or section 403, as the case may be (or in his discretion that further payments will not be made to the State for portions of the State application or State plans affected by such failure), until he is satisfied that there will no longer be such failure. Until he is so satisfied, the Secretary shall make no further payments to such State under section 303 or section 403 (or shall limit payments to portions of the State plan in which there is no such failure).

(b) If any State is dissatisfied with the Secretary's action under subsection (a), such State may appeal to the United States court of appeals for the circuit in which such State is located. The summons and notice of appeal may be served at any place in the United States. The findings of fact by the Secretary, unless substantially contrary to the weight of the evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Secretary to take further evidence, and the Secretary may thereupon make new or modified findings of fact and may modify his previous action. Such new or modified findings of fact shall likewise be conclusive unless substantially contrary to the weight of the evidence. The court shall have jurisdiction to affirm the action of the Secretary or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in title 28, United States Code, section 1254.

INTERDEPARTMENTAL COMMITTEE ON PROBLEMS OF AGING

SEC. 605. (a) There is hereby established an Interdepartmental Committee on Problems of Aging to be composed of the Secretary of Health, Education, and Welfare (who shall be chairman, the Secretary of Labor, the Secretary of