An Act to amend the Older Americans Act of 1965 to provide grants to States for the establishment, maintenance, operation, and expansion of low-cost meal projects, nutrition training and education projects, opportunity for social contacts, and for other p
PL 92-258 (S.1163), enacted 03/22/1972

PUBLIC LAW 92-258-MAR. 22, 1972 
[86 STAT. 
Annual report. 
Audit. 
of the funds appropriated pursuant to section 1. Xo loan o\iarantee 
shall guarantee more than 90 per centum of the outstanding amount 
of any loan, and the reserves maintained to guarantee the loan shall 
not be less than 25 per centum of the guarantee. 
SEC. 4. The plan provided for in section 2 shall set fortli such fiscal 
control and accounting procedures as may be necessary to assure proper 
disbursement, repayment, and accounting for such funds. 
SEC. 5. The High Commissioner of the Trust Territory of the Pacific 
Islands shall make an annual report to the Secretary of the Interior 
on the administration of this title. 
SEC. 6. The Comptroller General of the United States, or any of 
his duly authorized representatives, shall have access, for the purpose 
of audit and examination, to any relevant books, documents, papers, 
or records of tlie government of the Trust Territory of the Pacific 
Islands. 
Approved March 21, 1972. 
March 22, 1972 
[S. 1163] 
Public Law 92-258 
AN ACT 
To amend the Older Americans Act of 1965 to provide grants to States for the 
establishment, maintenance, operation, and expansion of low-cost meal projects, 
nutrition training and education projects, opportunity for social contacts, and 
for other purposes. 
Older Americans 
Act of 1965, 
amendment. 
Nutrition pro-
grams. 
79 Stat. 225; 
83 Stat. I l l , 114. 
42 u s e 3051. 
42 u s e 3044. 
Be it enacted by the Senate and House of Representatives 
of the 
United States of America i7i Congress assembled, 
SECTION 1. Title V I I of the Older Americans Act of 1965 is redesig-
nated as title VIII, and sections 701 through 705 of that Act are respec-
tively redesignated as sections 801 through 805. 
SEC. 2. The Older Americans Act of 1965 is amended by inserting 
the following new title immediately after title VI thereof: 
"TITLE VII—NUTRITION PROGRAM FOR T H E ELDERLY 
42 u s e 3031. 
u 
FINDINGS AND PURPOSE 
"SEC. 701. (a) The Congress finds that the research and development 
nutrition projects for the elderly conducted under title IV of the 
Older Americans Act have demonstrated the effectiveness of, and the 
need for, permanent nationwide projects to assist in meeting the 
nutritional and social needs of millions of persons aged sixty or older. 
86 STAT. ] 
PUBLIC LAW 92-258-MAR. 22, 1972 
89 
Many elderly persons do not eat adequately because (1) they cannot 
afford to do so; (2) they lack the skills to select and prepare nourish-
ing and well-balanced meals; (3) they have limited mooility which may 
impair their capacity to shop and cook for themselves; and (4) they 
have feelings of rejection and loneliness which obliterate the incentive 
necessary to prepare and eat a meal alone. These and other physio-
logical, psychological, social, and economic changes that occur with 
agmg result in a pattern of living, which causes malnutrition and 
further physical and mental deterioration. 
"(b) In addition to the food stamp program, commodity distribu-
tion systems and old-age income benefits, there is an acute need for a 
national policy which provides older Americans, particularly those 
with low incomes, with low cost, nutritionally sound meals served in 
strategically located centers such as schools, churches, community cen-
ters, senior citizen centers, and other public or private nonprofit 
institutions where they can obtain other social and rehabilitative serv-
ices. Besides promoting better health among the older segment of our 
population through improved nutrition, such a program would reduce 
the isolation of old age, offering older Americans an opportunity to 
live their remaining years in dignity. 
a 
duties. 
ADMINISTRATION 
"SEC. 702. (a) In order to effectively carry out the purposes of this ^ ^EW secretary, 
title, the Secretary shall— 
"(1) administer the program through the Administration on 
Aging; and 
"(2) consult with the Secretary of Agriculture and make full 
utilization of the Food and Nutrition Service, and other existing 
services of the Department of Agriculture. 
"(b) In carrying out the provisions of this title, the Secretary is 
°'^*lJ^f^I^^ 
authorized to request the technical assistance and cooperation of the 
"" 
Department of Labor, the Office of Economic Opportunity, the 
Department of Housing and Urban Development, the Department of 
Transportation, and such other departments and agencies of the 
Federal Government as may be appropriate. 
"(c) The Secretary is authorized to use, with their consent, the 
services, eq^uipment, personnel, and facilities of Federal and other 
agencies with or without reimbursement and on a similar basis to 
cooperate with other public and private agencies and instrumentalities 
in the use of services, equipment, personnel, and facilities. 
agencies, coop-
90 
PUBLIC LAW 92-258-MAR. 22, 1972 
[86 STAT. 
Informational 
materials, 
publication. 
State propor-
tionate share 
formula. 
"State." 
Unrequired por-
tion, reallotment. 
Federal allot-
ment, matching 
non-Federal 
funds. 
"(d) In carrying out the purposes of this title, the Secretary is 
authorized to provide consultative services and technical assistance 
to any public or private nonprofit institution or organization, agency, 
or political subdivision of a State; to provide short-term training and 
technical instruction; 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. 
(( 
ALLOTTMENT OF FUNDS 
"SEC. 703. (a) (1) From the sums appropriated for any fiscal year 
under section 708, each State shall be allotted an amount which bears 
the same ratio to such sum as the population aged 60 or over in such 
State bears to the population aged 60 or over in all States, except 
that (A) no State shall be allotted less than one-half of 1 per centum 
of the sum appropriated for the fiscal year for which the determi-
nation is made; and (B) Guam, American Samoa, the Virgin Islands, 
and the Trust Territory of the Pacific Islands shall each be allotted 
an amount equal to one-fourth of 1 per centum of the sum appro-
priated for the fiscal year for which the determination is made. For 
the purpose of the exception contained in this paragraph, the term 
'State' does not include Guam, American Samoa, the Virgin Islands, 
and the Trust Territory of the Pacific Islands. 
"(2) The number of persons aged sixty or over in any State and 
for all States shall be determined by the Secretary on the basis of the 
most satisfactory data available to him. 
"(b) The amount of any State's allotment under subsection (a) of 
any fiscal year which the Secretary determines will not be required for 
that year shall be reallotted, from time to time and on such dates during 
such year as the Secretary may fix, to other States in proportion to the 
original allotments to such States under subsection (a) for that year, 
but with such proportionate amount for any of such other States being 
reduced to the extent it exceeds the sum the Secretary estimates such 
State needs and will be able to use for such year; and the total of such 
reductions shall be similarly reallotted among the States whose propor-
tionate amounts were not so reduced. Such reallotments shall be made 
on the basis of the State plan so approved, after taking into considera-
tion the population aged sixty or over. Any amount reallotted to a State 
under this subsection during a year shall be deemed part of its allot-
ment under subsection (a) for that year. 
"(c) The allotment of any State under subsection (a) for any fiscal 
year shall be available for grants to pay up to 90 per centum of the 
costs of projects in such State described in section 706 and approved by 
such State in accordance with its State plan approved under section 
705, but only to the extent that such costs are both reasonable and 
necessary for the conduct of such projects, as determined by the Secre-
tary in accordance with criteria prescribed by him in regulations. Such 
allotment to any State in any fiscal year shall be made upon the condi-
tion that the Federal allotment will be matched during each fiscal year 
by 10 per centum, or more, as the case may be, from funds or in kind 
resources from non-Federal sources. 
86 STAT.] 
PUBLIC LAW 92-258-MAR. 22, 1972 
91 
"(d) If the Secretary finds that any State has failed to qualify stat"e'Js1ifotaent 
under the State plan requirements of section 705, the Secretary shall disbursement!*"*' 
withhold the allotment of funds to such State referred to in sub-
section (a). The Secretary shall disburse the funds so withheld directly 
to any public or private nonprofit institution or organization, agency, 
or political subdivision of such State submitting an approved plan 
in accordance with the provisions of section 705, including the require-
ment that any such payment or payments shall be matched in the 
proportion specified in subsection (c) for such State, by funds or in 
kind resources from non-Federal sources. 
"(e) The State agency may, upon the request of one or more 
Agricultural 
recipients of a grant or contract, purchase agricultural commodities pul^hase'b^^' 
and other foods to be provided to such nutrition projects assisted state agency. 
under this part. The Secretary may require reports from State agencies, 
in such form and detail as he may prescribe, concerning requests by 
-
recipients of grants or contracts for the purchase of such agricultural 
\ ! 
commodities and other foods, and action taken thereon. 
(( 
PAYMENT OF GRANTS 
"SEC. 704. Payments pursuant to grants or contracts under this title 
may be made in installments, and in advance or by way of reimburse-
ment, with necessary adjustments on account of overpayments or 
underpayments, as the Secretary may determine. 
'STATE PLANS 
"SEC. 705. (a) Any State which desires to receive allotments under 
this title shall submit to the Secretary for approval a State plan for 
purposes of this title which, in the case of a State agency designated 
pursuant to section 303 of this Act, shall be in the form of an amend- 
^^ ^tat. 222; 
ment to the State plan provided in section 303. Such plan shall— 
^\2*usc 3o'23, 
"(1) establish or designate a single State agency as the sole 
agency for administering or supervising the administration of the 
plan and coordinating operations under the plan with other 
agencies providing services to the elderly, which agency shall be 
the agency designated pursuant to section 303(a) (1) of this Act, 
unless the Governor of such State shall, with the approval of the 
j 
Secretary, designate another agency; 
"(2) sets forth such policies and procedures as will provide 
satisfactory assurance that allotments paid to the State under 
the provisions of this title will be expended— 
"(A) to make grants in cash or in kind to any public or 
private nonprofit institution or organization, agency, or polit-
ical subdivision of a State (referred to herein as 'recipient , 
oi a grant or contract') — 
"(i) to carry out the program as described in section 
706. 
" (ii) to provide up to 90 per centum of the costs of the 
purchase and preparation of the food; delivery of the 
meals; and such other reasonable expenses as may be 
incurred in providing nutrition services to persons aged 
sixty or over. Recipients of grants or contracts may 
charge participating individuals for meals furnished pur-
suant to guidelines established by the Secretary, taking 
into consideration the income ranges of eligible individ-
uals in local communities and other sources of income of 
the recipients of a grant or a contract. 
92 
PUBLIC LAW 92-258-MAR. 22, 1972 
[86 STAT. 
Administrative 
costs, limitation. 
Reports; 
records, 
accessibility. 
Low-income 
and minority 
groups, pref-
erence. 
State plan 
approval. 
Noncompliance, 
payments 
termination. 
"(iii) to provide up to 90 per centum of the costs of 
such, supporting services as may be necessary in each 
instance, such as the costs of related social services and, 
where appropriate, the costs of transportation between 
the project site and the residences of eligible individuals 
who could not participate in the project in the absence of 
such transportation, to the extent such costs are not met 
through other Federal, State, or local programs. 
"(B) to provide for the proper and efficient administration 
of the State plan at the least possible administrative cost, not 
to exceed an amount equal to 10 per centum of the amount 
allotted to the State unless a greater amount in any fiscal year 
is approved by the Secretary, In administering the State plan, 
the State agency shall^— 
"(i) make reports, in such form and containing such 
information, as the Secretary may require to carry out 
his functions under this title, including reports of partici-
pation by the groups specified in subsection (4) of this 
section; and keep such records and afford such access 
thereto as the Secretary may find necessary to assure 
the correctness and verification of such reports and proper 
disbursement of Federal funds under this title, and 
"(ii) provide 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) provide such methods of administration 
(including 
methods relating to the establishment and maintenance of per-
sonnel 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 accord-
ance with such methods) as are necessary for the proper and 
efficient operation of the plan. 
"(4) provide that preference shall be given in awarding 
grants to carry out the purposes of this title to projects serving 
primarily low-income individuals and provide assurances that, 
to the extent feasible, grants will be awarded to projects operated 
by and serving the needs of minority, Indian, and limited English-
speaking eligible individuals in proportion to their numbers in 
the State. 
*'(b) The Secretary shall approve any State plan which he deter-
mines meets the requirements and purposes of this section. 
"(c) Whenever the Secretary, subject to 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 approved 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 
86 STAT. ] 
PUBLIC LAW 92-258-MAR. 22, 1972 
93 
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 ^^1"^^^.'^^ 
with respect to the approval of its State plan submitted under sub-
section (a), or with respect to termination of payments in whole or 
in part 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 transmitted 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. 
soltlTuVs' 
"(2) The findings of fact by the Secretary, if supported by sub-
stantial 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 e<inclusive 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 c<^"rt' f"^uw ^ 
court shall be subject to review by the Supreme (^ourt of the United 
States upon certiorari or certification as provided in section 1254 of 
title 28, United States Code. 
^2 stat. 928. 
"NUTRITION AND OTHER PROGRAM REQUIREMENTS 
"SEC. 706. (a) Funds allotted to any State during any fiscal year 
pursuant to section 703 shall be disbursed by the State agency to recip-
ients of grants or contracts who agree— 
"Xl) to establish a project (referred to herein as a 'nutrition 
ro.^"|'"j*'°" 
jproject') which, five or more days per week, provides at least one 
hot meal p ^ day and any additional meals, hot or cold, which the 
recipient^ a grant or contract may elect to provide, 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 Sciences-National Research Council; 
"(2) to provide such nutrition project for individuals aged vid^aVs^'"^^'"'^'' 
sixty or over who meet the specifications set forth in clauses (1), 
(2), (3), or (4) of section 701(a) and their spouses (referred to 
herein as 'eligible individuals'); 
" (3) to furnish a site for such nutrition project in as close prox- 
Project site. 
imity to the majority of eligible individuals' residences as feasible, 
such as a school or a church, preferably within walking distance 
where possible and, where appropriate, to furnish transportation 
to such site or home-delivered meals to eligible individuals who are 
homebound; 
"(4) to utilize methods of administration, including outreach, 
which will assure that the maximum number of eligible individ-
uals may have an opportunity to participate in such nutrition 
project; 
"(5) to provide special menus, where feasible and appropriate, 
Special menus. 
to meet the particular dietary needs arising from the health 
requirements, religious requirements or ethnic backgrounds of 
eligible individuals; 
94 
PUBLIC LAW 92-258-MAR. 22, 1972 
[86 STAT. 
Supportive 
services. 
Evaluation. 
Sixty-or-over 
personnel, pref-
erence. 
Records, audit. 
7 u s e 612c. 
53 Stat. 975. 
"(6) to provide a setting conducive to expanding the nutrition 
project and to include, as a part of such project, recreational 
activities, informational, health and welfare counseling and 
referral services, where such services are not otherwise available; 
"(7) to include such training as may be necessary to enable the 
personnel to carry out the provisions of this title; 
"(8) to establish and administer the nutrition project with the 
advice of persons competent in the field of service in which 
the nutrition program is being provided, of elderly persons who 
will themselves participate in the program and of persons who 
are knowledgeable with regard to the needs of elderly persons; 
"(9^ to provide an opportunity to evaluate the effectiveness, 
feasibility, and cost of each particular type of such project; 
"(10) to give preference to persons aged sixty or over for any 
staff positions, full- or part-time, for which such persons qualify 
and to encourage the voluntary participation of other groups, 
such as college and high school students in the operation of the 
project; and 
"(11) to comply with such other standards as the Secretary 
may by regulation prescribe in order to assure the high quality 
of the nutrition project and its general effectiveness in attaining 
the objectives of this title. 
"(b) The Secretary and the Comptroller General of the United 
States or any of their duly authorized representatives shall have access 
for the purpose of audit and examination to any books, documents, 
papers, and records that are pertinent to a grant or contract received 
under this title. 
u 
SURPLUS COMMODITIES 
"SEC. 707. (a) Each recipient of a grant or contract shall, insofar 
as practicable, utilize in its nutrition project commodities designated 
from time to time by the Secretary of Agriculture as being in abun-
dance, either nationally or in the local area, or commodities donated 
by the Secretary of Agriculture. 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 of Agriculture 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 of Agriculture 
is authorized to prescribe terms and conditions respecting the use of 
commodities donated under section 32, as will maximize the nutri-
tional and financial contributions of such donated commodities in 
such public or private nonprofit institutions or organizations, agencies, 
or political subdivisions of a State. 
"(b) The Secretary of Agriculture may utilize the projects author-
ized 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. 
774,7U.S.C.612c). 
u 
APPROPRIATIONS AUTHORIZED 
"SEC. 708. For the purpose of carrying out the provisions of this title 
there are hereby authorized to be appropriated $100,000,000 for the 
fiscal year ending June 30, 1973, and $150,000,000 for the fiscal year 
ending June 30, 1974. In addition, there are hereby authorized to be 
appropriated for such fiscal years, as part of the appropriations for 
salaries and expenses for the Administration on Aging, such sums as 
Congress may determine to be necessary to carry out the provisions 
of this title. Sums appropriated pursuant to this section which are 
86 STAT. ] 
PUBLIC LAW 92-259-MAR. 22, 1972 
i i 
not obligated and expended prior to the beginning of the fiscal year 
succeeding the fiscal year for which such funds were appropriated 
shall remain available for obligation and expenditure during such suc-
ceeding fiscal year. 
u 
RELATIONSHIP TO OTHER LAWS 
"SEC. 709. No part of the cost of any project 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. 710. None of the provisions of this title shall be construed to 
Profitmaking 
prevent a recipient of a grant or a contract from entering into an agree- agr^mJ'nts"' 
ment, subject to the approval of the State agency, with a profitmaking 
organization to carry out the provisions of this title and of the appro- 
' ^/ 
priate State plan." 
-
Approved'March 22, 1972. 
Public Law 92-259 
AN ACT 
March 22, 1972 
To amend the Federal Aviation Act of 1958 to provide for the suspension and 
[s.2423] 
rejection of rates and practices of air carriers and foreign air carriers in 
foreign air transportation, and for other purposes. 
Foreign air 
transportation 
Be it enacted hy the Seriate and House of Refresentatives 
of the 
United States of America in Congress assembled^ That section 404(a) 
of the Federal Aviation Act of 1958 (49 U.S.C. 1374(a)) is amended raTe's 
by inserting "(1)" immediately after " ( a ) " and by adding at the end ajf^o^r"!^*""^^ 
thereof the following new paragraph: 
72 stat! 76o 
" (2) It shall be the duty of every air carrier and foreign air carrier 
to establish, observe, and enforce ]ust and reasonable individual and 
joint rates, fares, and charges, and just and reasonable classifications, 
rules, regulations, and practices relating to foreign air transportation; 
and, in case of such joint rates, fares, and charges, to establish just, 
reasonable, and equitable divisions thereof as between air carriers or 
foreign air carriers participating therein which shall not unduly 
prefer or prejudice any of such participating air carriers or foreign 
air carriers.".