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out for budgetary reasons; and has, of course, followed this legislation closely and continues to concern himself with these problems. He is a member of the Appropriations Committee and wields great weight there in assuring there is going to be funding.

STATEMENT BY SENATOR PERCY

Senator PERCY. Thank you.

I would like first to indicate that the hearings this morning with the Select Committee on Nutrition and Human Needs are being held in cooperation with the Special Committee on the Aging, and the staff of that committee under William Oriol, the majority staff director, has been extremely cooperative in helping us set up these hearings.

I trust that this will be a beginning of what is to be a searching inquiry into the nutritional needs of our Nation's elderly and into the ways of meeting these needs.

Aside from infants, no group in our population is as vulnerable to the consequences of poor nutrition as are the elderly. About one quarter of our 20 million senior citizens live at or below the poverty level, and they are the most malnourished segment of the population.

Congress recently became aware of the dimensions of the problem of assuring a nutritionally adequate diet to older Americans, of the potential benefits to individuals, and of the savings to society of maximizing the elderly people's ability to remain independent as well as physically and psychologically healthy by assuring him access to nutritionally adequate meals in a social setting. It overwhelmingly approved legislation authored by Senator Kennedy and Congressman Claude Pepper-a bill which I was pleased to cosponsor as the only Republican originally cosponsoring the bill, but which certainly is now a bipartisan program fully supported by the administration-to create a nutrition program for the elderly.

This legislation, S. 1163, authorized $100 million for fiscal year 1973 and $150 million for fiscal year 1974 for grants to the States to supply one hot, nourishing meal a day to persons 60 years of age and older, 5 or more days a week. The program, administered by the Administration on Aging, is scheduled to become effective on July 1.

Our specific purpose today is to examine in some detail the implementation of this pioneering nutritional program. I believe the Congress has indicated its desire to see these nutritional services made as widely available as quickly as possible. I believe the Administration on Aging has made a commendable effort to achieve this goal. Commissioner John B. Martin and his colleagues have done a great deal since S. 1163 was signed by the President on March 22 to make the program operational by July 1.

I also know of and applaud Commissioner Martin's desire to see these nutrition projects put into place only after very careful planning. I am concerned, as are other Members of Congress-and the chairman has indicated some concern on his part-that the great emphasis on State and local planning efforts evident in the proposed regulations not unduly delay the delivery of these nutrition services-if only on a step-by-step basis to the target population.

I take the position that-if this Nation can feed three meals a day to the armed services of this country whether they may be engaged in

combat or otherwise, any place in the world-we can find a way to use our ingenuity and our energy to deliver meals to people in this country, wherever they are. Especially if they are elderly and poverty stricken and impoverished and also physically unable to obtain adequate nourishment because of their present condition. That is a goal we simply must set for ourselves and a task that we are rigidly going to hold ourselves to-because the Congress has said this is going to be the policy of this country and the bill has been signed into law by the President. We wish to review today the efforts which have been made at the Federal, State, and local levels to achieve the twin goals of rapid and well-planned or effective implementation of the nutrition program for the elderly. We wish also to review the rate of progress toward these goals, to learn of any existing or potential roadblocks to achieving these goals, and to examine ways in which the Congress as well as the AoA can help to eliminate these roadblocks.

I welcome all our witnesses this morning, particularly former Senator and Congressman Claude Pepper of my own native State of Florida, who has provided great leadership in this field and who, I know, canceled his other appointments and other engagements in order to be here this morning-so important did he feel these hearings to be. I welcome also Dr. Jean Mayer, who has provided such tremendous leadership in this field. I have read his testimony, and it is an eloquent statement of the problem, and we welcome his expertise as well as the expertise of our other witnesses this morning.

Thank you, Mr. Chairman.

Senator KENNEDY. Before introducing our first witness, I wish to submit the statement from Senator McGovern, who is the chairman of the Select Committee on Nutrition and Human Needs; and also, a letter from Senator Church, who is the chairman of the Special Committee on Aging. These will be made a part of the record.

PREPARED STATEMENT OF SENATOR GEORGE MCGOVERN
CHAIRMAN, SELECT COMMITTEE ON NUTRITION AND HUMAN NEEDS

There is no subject of greater importance before the Congress than adequate provision for the health and well-being of our elderly citizens.

I commend Senator Kennedy and Senator Percy for their vital interest both as individual senators and as members of the Select Committee in the passage and implementation of the Nutrition Bill for the Elderly.

The bill is a first step toward our eventual goal of ensuring that every needy older American receives the proper nutrition so important to his general wellbeing.

As a first step, we are all concerned that the program be implemented in a manner consistent with the hopes and goals of those who support the program. We want to make sure that it is implemented speedily.

We want to make sure that it is implemented in a way fully responsive to the nutritional and social needs of our older citizens, as they interpret those needs for themselves.

Along with Senator Cranston, I recently authored an amendment to the Food Stamp Law to permit food stamps to be used to purchase meals available under this new program.

That amendment would, in one quick stroke, significantly expand the resources available to support this program. I hope it will be approved before this Congress concludes.

I am sure today's hearing will move this program closer to a reality for America's older citizens who so clearly need the help it can provide.

U.S. SENATE,

Hon. GEORGE MCGOVERN,

SPECIAL COMMITTEE ON AGING,

Washington, D.C. June 13, 1972.

Chairman, Select Committee on Nutrition and Human Needs,
U.S. Senate, Washington, D.C.

DEAR GEORGE: Your decision to direct the attention of your committee to the nutritional needs of the elderly is especially timely and appropriate.

Implementation of the new nutritional program for older Americans should be regarded as merely the first step in a national effort to deal more realistically and comprehensively with several issues of direct importance to older Americans. In joining with you in this inquiry, the Senate Committee on Aging will be especially concerned with the development of a proper balance between meal programs and social services. In addition, we will ask that more definitive data be developed on the extent of malnutrition and the other essential information related to aging in the United States.

At a later date, I will comment further on such issues. I will look forward to working with you in this area.

With best regards,
Sincerely,

FRANK CHURCH,

Chairman.

Senator KENNEDY. Our first witness is Congressman Pepper, who, as I mentioned, is the original author of the nutrition for the elderly legislation in the House.

STATEMENT OF HON. CLAUDE PEPPER, A U.S. REPRESENTATIVE FROM THE 11TH DISTRICT OF THE STATE OF FLORIDA

Mr. PEPPER. Mr. Chairman and members of the committee, I am very grateful to have the honor to appear here this morning before these two distinguished committees dealing with nutrition and human needs, and on aging. I particularly want to acknowledge the gratitude of the senior citizens of this country, and I happen to be one of them; and the Members of the Congress and the people of the Nation for the magnificent leadership which has been given in the enactment of this legislation by the distinguished Senator from Massachusetts, Senator Kennedy, resulting in the enactment of this legislation, for the aid of his very helpful and eminent colleagues in the Senate, and also particularly to the great leadership in the whole nutrition program which has been given by the distinguished Senator from Illinois, Senator Percy.

I am grateful for the kind words that both of the distinguished Senators have been good enough to say about me this morning.

I thank you very much, Mr. Chairman and members of the committee, for the opportunity to present my views regarding the implementation of Public Law 92-258,* an amendment to the Older Americans Act, entitled "Title VII-Nutrition Program for the Elderly;" and to comment generally on the nutrition and related needs of America's senior citizens.

It is encouraging that as a result of congressional pressure the spending under the Older Americans Act has risen from $32 million in 1969 to a proposed $157 million as announced in the President's

*See Appendix 3, p. 358.

1973 budget; and, in addition, the full $100 million requested for Title VII has been approved and reported out by the House Appropriations Committee this week. We do commend the President and the House Appropriations Committee and I think we soon will be able to commend the Congress. This is one of the first instances that I recall where the full amount authorized in a meaningful program like this has been recommended by the President and approved by the Congress, and I think it is very significant.

Our vigilance in the Congress must remain constant, and we must persist in our efforts to upgrade the Administration on Aging if we are to effectively elevate the Federal role called for in the Older Americans Act. We cannot consider the implementation of the nutrition program for the elderly without recognizing this program's ultimate dependence upon congressional approval of the amendments to the Older Americans Act. The bill I have introduced in the House, H.R. 13587, and other bills to provide for elevating the Commissioner, Administration on Aging, to be the principal officer of the Department of Health, Education, and Welfare for carrying out all titles of the Older Americans Act, making the Commissioner directly responsible to the Secretary is, I submit, desirable legislation.

I regret very much that in my own State, we find the Commission on the Aging or the Bureau of the Aging is way down the line in the layer of various agencies, the head of which is the welfare department of the State. Now, I see a tendency here on the part of the Federal Government and I believe in the recommendations of the administration to make this aging jurisdiction a part of Health, Education, and Welfare without having any special authority or any special responsibility.

IMPLEMENTATION RESPONSIBILITY WITH AOA

Senator KENNEDY. That runs quite contrary to the letter of the law and certainly the intention of the law, does it not, that passed? We were quite specific to give the responsibility for this implementation with the Administration on Aging.

Mr. PEPPER. That is right.

Senator KENNEDY. As you pointed out, the way the regulations have been drafted, I think it undermines their important role in insisting that the responsibility be with the AoA.

Mr. PEPPER. The only justification that I can think of for that proposal in the guidelines is that the Administration on Aging would expire at the end of this fiscal year if it is not renewed, but it seems to me that we should certainly renew that authority and expand and elevate the status of the Administration on Aging.

Senator KENNEDY. We can give you assurance that it will be renewed over here. I know Senator Eagleton and I sit on that Labor Committee, and it is just about to be passed out of the committee. I am sure it will be passed on the floor, and I am sure the administration understands it. Mr. PEPPER. These amendments of which I spoke are scheduled for executive session in the House Education and Labor Committee this week, and many of us are going to do everything we can to secure the adoption of this legislation in the House.

Mr. Chairman, the proposed rulemaking for Title VII for the nutrition programs for the elderly, published in the Federal Register

for June 6, raises several concerns regarding the administration's intent to carry out the nutrition program as provided in the law. Now, I realize this is a program of magnitude, yet this law contemplates that this program should go into effect July 1. Now, I am somewhat concerned and not agreeably so, with my own State. I have been pressing the Governor and the Bureau on the Aging there to get our State plan prepared and presented, but they have used the excuse that they did not have the guidelines of the Federal Government and they did not know the details of the plan until they got the guidelines, and those guidelines came out June 6 and yet this program was supposed to go into effect July 1. That is the reason I am going to make some suggestions that we might depart somewhat from the arbitrary proposals of these guidelines to get it going early.

Senator KENNEDY. Please do. We really did not have enough time before July 1 and the date it was available for aging groups to comment on the regulations.

PROPOSED RULEMAKING DEFINES SRS NOT AOA

Mr. PEPPER. Right. As the distinguished chairman said, the law clearly states that the Administration on Aging was intended to administer the program. The proposed rulemaking places the administration of the nutrition program in the Social and Rehabilitation Services. Now, that is a layer in the Department of Health, Education, and Welfare remote from the Secretary, whereas it would seem to me desirable that as the legislation we have pending in the House now proposes, the Commissioner on Aging have access to the Secretary, that he have an independent agency within the Department that would

have that access.

We know the Social and Rehabilitation Service has long been oriented to welfare concepts of Federal programing and certainly is not in a position to provide for the coordination of the nutrition program with other Federal programs under the jurisdiction of other Federal departments. For example, the provisions of Title VII will in a small way help in providing supplemental employment for some elderly because it requires that preference must be given to the elderly themselves for necessary staff positions. But the effective implementation of this provision will require the technical assistance and cooperation of the Department of Labor and the Office of Economic Opportunity.

Second, the proposed rulemaking imposes an area wide bureaucracy between the State agencies and the community level nonprofit private and governmental sponsors of the nutrition programs. I understand these planning and service areas known as PSA's are a device desiged by the administration to do away with the traditional pattern of State agencies receiving applications and funding directly a large number of small individual applications from both the public and the nonprofit private sponsors of programs in communities throughout a State. Senator KENNEDY. What sense does that make?

Mr. PEPPER. Well, in the first place, in the statute itself there is no reference to what the State unit may be that will be the recipient of these grants. But in the guidelines, it seems to me, there is an arbitrary provision that the project area shall comprise a county-in my case it

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