social services and local public transportation to and from the residences of participating individuals to the extent such costs are not provided by grants for these services from the Administration on Aging, Department of Transportation, Office of Economic Opportunity, or other Federal agency.

"(B) to provide for the proper and efficient administration of the State plan: Provided, That the amount expended for such administration and planning shall not exceed a sum which shall be agreed upon between the Secretary and the State agency

"(i) in making report, in such form and containing such information, as the Secretary may require to carry out his functions under this title, including reports of the objective measurements required by section 706, and keeping such records and for affording such access thereto as the Secretary may find necessary to assure the correctness and verification of such reports and proper disbursement of Federal fund under this title, and

"(ii) in providing satisfactory assurance that such fiscal control and fund accounting procedures will be adopted as may be necessary to assure proper disbursement of, and accounting for, Federal funds paid under this title to the State, including any such funds paid by the State to the recipient of a grant or contract.

"(3) provides such methods of administration (including methods relating to the establishment and maintenance of personnel standards on a merit basis, except that 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) as are necessary for the proper and efficient operation of the plan.

"(b) The Secretary shall approve any State plan which he determines meets the requirements and purposes of this section.

"(c) Whenever the Secretary, after reasonable notice and opportunity for hearing to such State agency, finds (1) that the State plan has been so changed that it no longer complies with the provisions of this title, or (2) that in the administration of the plan there is a failure to comply substantially with any such provision or with any requirements set forth in the application of a recipient of a grant or contract approval pursuant to such plan, the Secretary shall notify such State agency that further payments will not be made to the State under the provisions of this title (or in his discretion, that further payments to the State will be limited to programs or projects under the State plan, or portions thereof, not affected by the failure, or that the State agency shall not make further payments under this part to specified local agencies affected by the failure) until he is satisfied that there is no longer any such failure to comply. Until he is so satisfied, the Secretary shall make no further payments to the State under this title, or shall limit payments to recipients of grants or contracts under, or parts of, the State plan not affected by the failure or payments to the State agency under this part shall be limited to recipients of grants or contracts not affected by the failure, as the case may be.

“(d)(1) If any State is dissatisfied with the Secretary's final action with respect to the approval of its State plan submitted under subsection (c) such State may, within sixty days after notice of such action, file with the United States court of appeals for the circuit in which such State is located a petition for review of that action. A copy of the petition shall be forthwith transmited by the clerk of the court to the Secretary. The Secretary thereupon shall file in the court the record of the proceeding on which he based his action, as provided in section 2112 of title 28, United States Code.

"(2) The findings of fact by the Secretary, 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 certify to the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence.

"(3) 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 section 1254 of title 28, United States Code.

"NUTRITION AND OTHER PROGRAM REQUIREMENTS

"SEC. 706. Funds allotted to any State during any fiscal year pursuant to section 703 shall be disbursed by the State agency to recipients of grants or contracts who agree

"(1) to establish a program (hereinafter referred to as a 'nutrition program') which, five or more days per week, provides at least one hot meal per day and any additional meals, hot or cold, each of which assures a minimum of one-third of the daily recommended dietary allowances as established by the Food and Nutrition Board of the National Academy of SciencesNational Research Council;

"(2) to provide such nutrition program for individuals aged sixty-five or over (hereinafter referred to as 'eligible individuals');

"(3) to furnish a site for such nutrition program in as close proximity to the majority of eligible individuals' residences as feasible, and, preferably within walking distance;

“(4) to utilize methods of administration including outreach which will assure that the maximum number of eligible individuals may have an opportunity to participate in such nutrition program;

"(5) to provide a setting conducive to expanding the nutritional program to include recreational activities, informational, health and welfare counseling and referral services;

"(6) to include such training as may be necessary to enable the personnel to carry out the provisions of this title;

"(7) to establish and administer the nutritional program with the advice of persons competent in the field of service in which the nutrition program is being provided, and of persons who are knowledgeable with regard to the needs of elderly persons;

"(8) to provide an opportunity to evaluate the effectiveness, feasibility and cost of each particular type of such program; and

"(9) to give preference to persons aged sixty-five or over for any staff positions, full- or part-time, for which such persons qualify.

"SURPLUS COMMODITIES

"SEC. 707. Each recipient of a grant or contract shall, insofar as practicable, utilize in its nutrition program commodities designated from time to time by the Secretary as being in abundance, either nationally or in the local area, or commodities donated by the Secretary. Commodities purchased under the authority of section 32 of the act of August 24, 1935 (49 Stat. 774), as amended, may be donated by the Secretary to the recipient of a grant or contract, in accordance with the needs as determined by the recipient of a grant or contract, for utilization in the nutritional program under this title. The Secretary is authorized to prescribe terms and conditions respecting the use of commodities donated under such section 32, as will maximize the nutritional and financial contributions of such donated commodities in such public or private nonprofit institutions or organizations, agencies, or political subdivisions of a State.

"APPROPRIATIONS AUTHORIZED

"SEC. 708. (a) The Secretary may utilize the programs authorized under this title in carrying out the provisions of clause (2) of section 32 of the Act approved August 24, 1935, as amended (49 Stat. 774, 7 U.S.C. 614c).

"(b) In addition to any other funds which may be available, there are authorized to be appropriated such sums as may be necessary to carry out the purposes of this title.

"SEC. 709. Of the sums appropriated for any fiscal year pursuant to the authorization contained in section 708 of this title, not to exceed $50,000,000 shall be made available for the fiscal year ending June 30, 1972, not to exceed $100,000,000 for the fiscal year ending June 30, 1973, not to exceed $150,000,000 for the fiscal year ending June 30, 1974, for grants-in-aid pursuant to the provisions of this title, less

"(1) not to exceed 32 per centum thereof which per centum is hereby made available to the Secretary for his administrative expenses under this title;

"(2) direct expenditures by the Secretary for agricultural commodities and other foods to be distributed among the States and such public or private nonprofit institutions or organizations, agencies, or political subdivisions of a State, participating in the nutrition program under this title.

"RELATIONSHIP TO OTHER LAWS

"SEC. 710. No part of the cost of any program under this title may be treated as income or benefits to any eligible individual for the purpose of any other program or provision of State or Federal law.

"MISCELLANEOUS

"SEC. 711. None of the provisions of this title shall be construed to prevent a recipient of a grant or a contract from entering into an agreement with a profitmaking organization to carry out the provisions and purposes of this title."

Mr. BRADEMAS. The Select Subcommittee on Education of the House Committee on Education and Labor will come to order.

The members of our subcommittee are most pleased to be here in Miami, Fla., for the opening session of the hearings on H.R. 17763, a bill to amend the Older Americans Act of 1965, to provide nutritional programs for the elderly.

The Miami area has one of the Nation's heaviest concentrations of senior citizens and for some years has been the site of various experimental programs designed to enable older Americans to live out the balance of their years in dignity and comfort. It is, therefore, fitting that a subcommittee of Congress open its hearings on this important legislation here at the Metropolitan Senior Center.

We are pleased also to be in the home district of our distinguished colleague in Congress and good friend, Congressman Claude Pepper, who has been an imaginative and resourceful legislator for 28 years, and who has actively championed the wide range of social legislation from Federal support for education to the present bill which is directed at some of the needs of our older citizens. His colleagues and constituents in Congress know Claude Pepper as a man of vision and of compassion who has a particular concern for some of the less fortunate citizens in our country. The 11th District of Florida is fortunate, indeed, to have Claude Pepper as its representative in Congress. And the American people, I think, as they're represented by Members of the House from other parts of the United States, share my pride in his accomplishments.

The bill. which Congressman Pepper has introduced and which is the subject of our hearings today, would add a new title to the Older Americans Act of 1965 to cover Federal contributions to States for the purpose of providing nutritional programs for the elderly. Last year's White House Conference on Nutrition and the yearly report to the President on the problems of aging both pointed to the need for more adequate nutritional programs for older Americans. The problem of providing an adequate diet for senior citizens has a number of root causes. As the bill notes, some of the problems are caused by inadequate income; others, perhaps, by the older citizen's absence of skills to choose and prepare well balanced meals; still others, by the limited mobility or absence of incentive to eat properly because of feelings of loneliness. Whatever the cause, however, the effects frequently are an accelerating feebleness, a sense of despair, and an old age devoid of joy and dignity.

Congressman Pepper's bill would seek to improve the nutrition. programs for older Americans by providing up to $300 million over the next 3 years to be designated to State agencies for several purposes which, I am sure, Congressman Pepper will detail in his ing statement.

The bill before us, then, is addressed to one of our most profound social concerns the attention and care we, as a Nation, demonstrate for our older citizens.

At this time, I should like to introduce as our first witness. Before I do so, I should perhaps introduce the members of the subcommittee who are present. I am John Brademas, Representative from the Third District of Indiana, and chairman of this subcommittee. And on my left is my distinguished colleague, Congressman Orval Hansen of Idaho.

At this time, I am pleased to introduce as our first witness, the father of the bill, the Honorable Claude Pepper, who will outline his provisions and give the members of our subcommittee the benefit of his views on the need for its enactment.

Congressman Pepper, we're very honored to be here with you today, sir.

STATEMENT OF HON. CLAUDE PEPPER, MEMBER OF CONGRESS, 11TH DISTRICT, FLORIDA

Mr. PEPPER. Mr. Chairman and members of the committee, I am most grateful for your generous references to our area, our people and, of course, to our need. My distinguished colleague is the Honorable Dante Fascell who shares the representation of this general area with me. We're very proud, indeed, to have this very distinguished committee come to the Greater Miami area today to give its attention to the important legislation which is the subject of this hearing. Mr. BRADEMAS. Congressman Pepper, if you will allow me to interrupt, following your own statement I should like to ask unanimous consent that there be included a statement by Congressman Dante Fascell who, shortly before I left Washington, called to tell me how very pleased he was that you were holding hearings here and to indicate his strong support for your bill.

Mr. PEPPER. Thank you very much.

It gives me a great deal of pleasure, Mr. Chairman and members of the committee, to have the opportunity to appear here in behalf of the bill which I introduced, H.R. 17763. I am very proud to say that it is cosponsored by the distinguished chairman of this subcommittee, the Honorable John Brademas of Indiana, and the other distinguished member of the subcommittee who honored us with his presence today, the Honorable Orval H. Hansen of Idaho, by my colleague, the Honorable Dante Fascell, and 95 other members of the House of Representatives. This bill would establish a nationwide program to meet the nutritional needs of our citizens, 65 years of age and older.

We have an opportunity in this area, we feel, Mr. Chairman and members of the committee, where we have wealth blended with poverty, to exhibit to the Nation that the lives of senior citizens may be rich and happy, and that we may accept the implication of Browning, "some grow old as yet the best to be." This bill would initially contribute to that happy end.

The fact that you have given this matter such prompt and serious attention by holding these hearings, which open here today, is recognition of your deep concern and great compassion for those whom this bill would aid.

I am pleased to tell you that since the introduction of the bill 8 weeks ago during Senior Citizens Month, H.R. 17763 has already received the support, as I said, of 95 Members of Congress of both parties. This is a sign of a wide and deep-seated desire on the part of Congress to remedy injustices to our senior citizens through a practical and self-respecting program.

Speaking personally, although I have been associated throughout my career with a number of pieces of legislation to improve the standard of life of large numbers of our citizens, none gives me more real pleasure than I feel today in urging upon you, as I hope you will upon the Congress, the provisions of this measure.

I believe that as a Nation, we are deeply concerned to wipe out injustice, to lift the standards of those who through no fault of their own have too little for a decent living, and to make sure that our great strength in technology and our material resources are directed toward humanitarian ends.

In my opinion, all the American people require is that a demonstrated need be presented to them, with supporting evidence, and that a sound program be offered, and it will receive their support.

The improvements in medicine and better living conditions have resulted in a lengthened life span for Americans during the last 50 years. Whereas, there were 3 million Americans over 65 in 1900, there are over 20 million today and we are told that by 1985, there will be more than 25 million of our citizens in this age group.

This situation, which speaks well for medical efforts, has created new and challenging problems. Extra years of life are only meaningful if they can be passed in dignity, in self-respect, and to the greatest extent possible, in good physical and mental health.

The trend toward urbanization and the desire for independent living among both the young and the old is erasing the former pattern of interdependence of generations. The elderly can no longer look forward to spending their later years with their children but must accept that for many their last years will be spent in loneliness.

Let us also keep in mind several salient facts:

1. It is generally agreed that even with recent increases voted by Congress, the maximum social security benefits do not provide an income sufficient for a minimum of decency for our senior citizens.

And I must tell you with regret, Mr. Chairman and members of the committee, that the State of Florida reduces $7 of the $11 extra dollars that we provide on the average of increased social security benefits for senior citizens, and they only allowed $4 of those dollars to go to the individuals whose social security benefits we raised, stating the position that the need was not demonstrated to be enough to require all of the $11 that we added. So when we give $11 a month more from Washington to our senior citizens, those who are on welfare in Florida don't get but $4 of it. I regret it and I hope that policy on the part of our State will be changed.

2. Millions of those who receive old age income benefits retired years ago, when incomes and benefit payments were much lower than