(7) provides for approval of projects of only public or nonprofit private agencies or organizations and for an opportunity for a hearing before the State agency for any applicant whose application for approval of a project is denied; and

(8) provides that the State agency will make such reports to the Secretary, in such form and containing such information, as may reasonably be necessary to enable him to perform his functions under this part and will keep such records and afford such access thereto as the Secretary may find necessary to assure the correctness and verification of such reports. The Secretary shall not finally disapprove any State plan, or any modification thereof submitted under this section without first affording the State reasonable notice and opportunity for a hearing.

(b) Whenever the Secretary, after reasonable notice and opportunity for hearing to the State agency administering or supervising the administration of a State plan approved under subsection (a), finds that

(1) the State plan has been so changed that it no longer complies with the provisions of subsection (a), or

(2) in the administration of the plan there is a failure to comply substantially with any such provision,

the Secretary shall notify such State agency that no further payments will be made to the State under this part (or, in his discretion, that further payments to the State will be limited to projects under or portions of the State plan not affected by such failure), until he is satisfied that there will no longer be any failure to comply. Until he is so satisfied, no further payments shall be made to such State under this part (or payments shall be limited to projects under or portions of the State plan not affected by such failure).

(c) A State which is dissatisfied with a final action of the Secretary under subsection (a) or (b) may appeal to the United States court of appeals for the circuit in which the State is located, by filing a petition with such court within sixty days after such final action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary, or any officer designated by him for that purpose. The Secretary thereupon shall file in the court the record of the proceedings on which he based his action, as provided in section 2112 of title 28, United States Code. Upon the filing of such petition, the court shall have jurisdiction to affirm the action of the Secretary or to set aside, in whole or in part, temporarily or permanently, but until the filing of the record, the Secretary may modify or set aside his order. The findings of the Secretary as to the facts, if supported by substantial evidence, shall be conclusive, but the court, for good cause shown, may remand the case to the Secretary to take further evidence, and the Secretary may thereupon make new or modified findings of fact and may modify his previous action, and shall file in the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence. The judgment of the court affirming or setting aside, in whole or in part, any action of the Secretary shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code. The commencement of proceedings under this subsection shall not, unless so specifically ordered by the court, operate as a stay of the Secretary's action.

COST OF STATE PLAN ADMINISTRATION

SEC. 304. From a State's allotment under section 302 for a fiscal year, not more than 10 per centum or $15,000, whichever is the larger, shall be available for paying one-half (or such smaller portion as the State may request) of the costs of the State agency (established or designated as provided in section 303(a)(1)) in administering the State plan approved under section 303, including the costs of carrying on the functions referred to in subsection (a) (3) thereof.

PAYMENTS

SEC. 305. Payments under this part may be made (after necessary adjustment on account of previously made overpayments or underpayments) in advance or by way of reimbursement, and in such installments, as the Secretary may determine.

TITLE IV-RESEARCH AND DEVELOPMENT PROJECTS

PROJECT GRANTS

SEC. 401. The Secretary is authorized to carry out the purposes of this title through grants to any public or nonprofit private agency, organization, or institution and contracts with any such agency, organization, or institution or with any individual

(a) to study current patterns and conditions of living of older persons and identify factors which are beneficial or detrimental to the wholesome and meaningful living of such persons;

(b) to develop or demonstrate new approaches, techniques, and methods (including multipurpose activity centers) which hold promise of substantial contribution toward wholesome and meaningful living for older persons; (c) to develop or demonstrate approaches, methods, and techniques for achieving or improving coordination of community services for older persons; or

(d) to evaluate these approaches, techniques, and methods, as well as others which may assist older persons to enjoy wholesome and meaningful living and to continue to contribute to the strength and welfare of our Nation.

PAYMENTS OF GRANTS

SEC. 402. (a) To the extent he deems it appropriate, the Secretary shall require the recipient of any grant or contract under this part to contribute money, facilities, or services for carrying out the project for which such grant or contract was made.

(b) Payments under this part pursuant to a grant or contract may be made (after necessary adjustment, in the case of grants on account of previously made overpayments or underpayments) in advance or by way of reimbursement, and in such installments and on such conditions, as the Secretary may determine.

TITLE V-TRAINING PROJECTS

PROJECT GRANTS

SEC. 501. The Secretary is authorized to make grants to or contracts with any public or nonprofit private agency, organization, or institution for the specialized training of persons employed or preparing for employment in carrying out programs related to the purposes of this title.

PAYMENT OF GRANTS

carrying out programs related to the purposes of this title.

SEC. 502. (a) To the extent he deems it appropriate, the Secretary shall require the recipient of any grant or contract under this part to contribute money, facilities, or services for carrying out the project for which such grant or contract was made.

(b) Payments under this part pursuant to a grant or contract may be made (after necessary adjustment, in the case of grants, on account of previously made overpayments or underpayments) in advance or by way of reimbursement, and in such installments and on such conditions, as the Secretary may determine.

TITLE VI-GENERAL

ADVISORY COMMITTEES

SEC. 601. (a) (1) For the purpose of advising the Secretary of Health, Education, and Welfare on matters bearing on his responsibilities under this title and related activities of his Department, there is hereby established in the Department of Health, Education, and Welfare an Advisory Committee on Older Americans, consisting of the Secretary or his designee, who shall be Chairman, and fifteen persons not otherwise in the employ of the United States, appointed by the Secretary without regard to the civil service laws. Members shall be selected from among persons who are experienced in or have demonstrated particular interest in special problems of the aging.

(2) Each member of the Committee shall hold office for a term of three years, except that (A) any member appointed to fill a vacancy occurring

prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term, and (B) the terms of office of the members first taking office shall expire, as designated by the Secretary of Health, Education, and Welfare at the time of appointment, five at the end of the first year, five at the end of the second year, and five at the end of the third year after the date of appointment.

(b) The Secretary of Health, Education, and Welfare is authorized to appoint, without regard to the civil service laws, such technical advisory committees as he deems appropriate for advising him in carrying out his functions under this title.

(c) Members of the Advisory Committee or of any technical advisory committee appointed under this section, who are not regular full-time employees of the United States, shall, while attending meetings or conferences of such committee or otherwise engaged on business of such committee, be entitled to receive compensation at a rate fixed by the Secretary who appointed them, but not exceeding $75 per diem, including travel time, and, while so serving 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 section 5 of the Administrative Expenses Act of 1946 (5 U.S.C. 73b-2) for persons in the Government service employed intermittently.

ADMINISTRATION

SEC. 602. (a) In carrying out the purposes of this title, the Secretary of Health, Education, and Welfare is authorized to provide consultative services and technical assistance to public or nonprofit private agencies, organizations, and institutions; to provide short-term training and technical instruction; to conduct research and demonstrations; and to collect, prepare, publish, and disseminate special educational or informational materials, including reports of the projects for which funds are provided under this title.

(b) In administering their respective functions under this title, the Secretary of Health, Education, and Welfare is authorized to utilize the services and facilities of any agency of the Federal Government and of any other public or nonprofit private agency or institution, in accordance with agreements between the Secretary concerned and the head thereof, and to pay therefor, in advance or by way of reimbursement, as may be provided in the agreement.

AUTHORIZATION OF APPROPRIATIONS

SEC. 603. There are authorized to be appropriated $1,500,000 for the fiscal year ending June 30, 1964, $3,000,000 for the fiscal year ending June 30, 1965, and $5,000,000 for each of the next three fiscal years, for carrying out parts IV and V of this title.

For the purposes of this hearing, we will stress the contents of H.R. 7957. However, the speakers here may at any time digress and go into any particular sections of any other bill on the same subject before the committee.

At this time, the committee would be privileged to hear Mr. John Fogarty, a distinguished Member of the Congress of the United States with a long history in this area of activity. He is known not only to the Members but in every State of the Union.

We welcome you, John, today, and pray we will have a little better luck with this bill this year than in the past.

Mr. Fogarty.

STATEMENT OF HON. JOHN E. FOGARTY, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF RHODE ISLAND

Mr. FOGARTY. Thank you very much, Mr. Chairman.

My name is John E. Fogarty. I represent the Second Congressional District in the State of Rhode Island.

I want to thank the committee for meeting this morning. If I had known a few weeks ago it was going to be a light week in Con

gress I would have suggested another time to meet. However, I am very pleased to see the number of members who are here this morning and also want to thank the chairman for his interest in this area and for the cooperation that he has given me in setting up these hearings. It is a privilege to appear here this morning to testify on behalf of H.R. 7957, "The Older Americans Act of 1963," which I introduced August 6, and the identical bills which have been introduced by our distinguished colleagues.

I believe deeply that the bills under consideration fall squarely into the category of urgent unfinished business and I would like to commend the committee for taking such prompt action in scheduling these hearings and for the high caliber of the witnesses representing the major areas of interest in aging who have been invited to testify.

No one could have worked as closely as I have on the Appropriations Subcommittee dealing with the basic programs and budgets affecting older persons without recognizing the growing dilemma facing America's spiraling population of older persons.

I have repeatedly challenged the responsible authorities to develop action programs to meet these needs and to accept leadership in stimulating and coordinating training, research, and demonstration projects that could result in utilizing the wisdom and the talents of our older Americans for the enrichment of retirement living with its ultimate benefits to the community, the State, and the Nation.

I shall not take the time of the committee to repeat what seems to me an endless record of my displeasure with existing programs, my dissatisfaction with the rate of progress, and my sincere desire to create within the framework of the Federal Government an organization properly staffed, financed, and administered at a level that would keep the operation above personal or partisan prejudice or control and give it the prestige necessary to compete with other important programs.

When I speak of my displeasure, I go back 17 years to the days when Oscar Ewing was head of the Federal Security Agency. One of the questions I asked 17 years ago was, "What are we doing about the problems of the aging?"

The answer then was "Practically nothing."

It will be helpful to highlight three major efforts on my part directed toward meeting these goals.

As a first order of business when Congress convened in January 1958, I introduced a bill known as the White House Conference on Aging Act which became law in August of that year. The purpose of the bill was to convene a national forum of the most knowledgeable people in the field of aging to distill their combined experience into a "blueprint for action in aging."

Funds were made available to every State for studies, surveys, and conferences. Never before in our history has a more complete evaluation been made of an age segment in our society than the action that preceded the White House Conference on Aging held January 9-12, 1961.

The findings of the States together with the recommendations of approximately 2,900 delegates resulted in a comprehensive report listing over 600 recommendations for action.

Fully aware of the implication of such a report and acting on the suggested recommendation for a Federal organization necessary to implement a program in aging, Senator McNamara and I introduced identical bills on January 31, 1962, for the establishment of an independent U.S. Commission on Aging.

The programs affecting older persons cut across the responsibilities of many departments and agencies. It was our recommendation that the independent Commission would recognize the importance of each of these many vital programs and give them a proper focus without the influence or control of any one department.

The testimony last year given in this room before the General Subcommittee on Education, chaired by Congressman Bailey, was practically unanimous in favor of an independent Commission on aging.

Opposition came only from those with vested interest in continuing the existing organization dominating the field and programs in aging. I am convinced the administration's best interests were not properly represented and the legislation thereafter has been stalemated ever since. I believe there are only about two witnesses that disagree with this approach.

One other unfortunate development that was consummated in January of this year was the reorganization within the Department of Health, Education, and Welfare that downgraded the program on aging by removing the special staff on aging from the Office of the Secretary and placing it under the jurisdiction of the Commissioner of Welfare as an Office of Aging.

Let me hasten to emphasize that this statement is not a reflection on the Commissioner of Welfare who is regarded as an outstanding administrator and is recognized as an authority in the field of public welfare and relief.

I object and indeed I believe every one of America's 18 million persons over age 65 has a right to resent this official action by the Federal Government announcing to the nation that

the independence, dignity and usefulness of our older Americans will hereinafter be regarded as welfare problems.

This is contrary to everything that has been researched and recommended to change the image of aging from a sickly, indigent individual to a dignified, responsible person. The welfare setting has wiped out most of the social progress that was made over the last 15 years in the field of aging.

"Welfare" to Americans means public assistance or relief. It seems to me that the recent welfare publications of the Department of Health, Education, and Welfare have failed to convince or overcome this understanding.

I give you these details to document the background of H.R. 7957 and the identical bill S. 2000 which Senator McNamara has introduced. To keep faith with the thousands who have gone on record in favor of grants for training, research, and demonstration projects; to restore the Federal program in aging to a level where our Nation's older persons can look with pride; to provide the States with funds needed to salvage the programs initiated with White House Conference on Aging funds and to provide a climate for senior