30

1

cause shown, may remand the case to the Commissioner to 2 take further evidence, and the Commissioner may thereupon 3 make new or modified findings of fact and may modify his 4 previous action, and shall file in the court the record of the

further proceedings. Such new or modified findings of fact 6 shall likewise be conclusive if supported by substantial evi7 dence. The judgment of the court affirming or setting aside, 8 in whole or in part, any action of the Commissioner shall 9 be final, subject to review by the Supreme Court of the 10 United States upon certiorari or certification as provided in 11 section 1254 of title 28, United States Code. The commence12 ment of proceedings under this subsection shall not, unless 13 so specifically ordered by the court, operate as a stay of 14 the Commissioner's action.

15

16

17

"PLANNING, COORDINATION, EVALUATION, AND

ADMINISTRATION OF STATE PLANS

"SEC. 308. (a) (1) Amounts appropriated pursuant

18 to section 303 may be used to make grants to States for 19 paying such percentages as each State agency determines, 20 but not more than 66 per centum, of the cost of the 21 administration of its State plan, including the preparation 22 of the State plan, the evaluation of activities carried out 23 under such plan, the collection of data and the carrying out 24 of analyses related to the need for social services, nutrition 25 services, and multipurpose senior centers within the State,

31

1 and dissemination of information so obtained, the provision 2 of short-term training to personnel of public or nonprofit 3 private agencies and organizations engaged in the operation 4 of programs authorized by this Act, and the carrying out of 5 demonstration projects of statewide significance relating 6 to the initiation, expansion, or improvement of services 7 assisted under this title.

8

"(2) Any sums allotted to a State under this section 9 for part of the cost of the administration of its State plan 10 which the State determines is not needed for such purpose 11 may be used by such State to supplement the amount 12 available under section 304 (c) (1) to cover part of the 13 cost of the administration of area plans.

11

"(3) Any State which has designated a single planning 15 and service area pursuant to section 305 (a) (1) (E) cov16 ering all, or substantially all, of the older persons in such 17 State, as determined by the Commissioner, may elect to pay 18 part of the costs of the administration of State and area 19 plans either out of sums allotted under this section or out 20 of sums made available for the administration of area plans 21 pursuant to section 304 (c) (1), but shall not pay such 22 costs out of sums allotted under both such sections.

23

24

year

"(b) (1) From the sums appropriated for any fiscal

under section 303 for carrying out the purposes of this

25 section, each State shall be allotted an amount which bears

32

1 the same ratio to such sum as the population aged sixty or

8

over in such State bears to the population aged sixty or over 3 in all States, except that (A) no State shall be allotted less 4 than one-half of 1 per centum of the sum appropriated for 5 the fiscal year for which the determination is made, or $250,6 000, whichever is greater, and (B) Guam, American Samoa, 7 the Virgin Islands, the Trust Territory of the Pacific Islands and the Northern Mariana Islands shall be each allotted no 9 less than one-fourth of 1 per centum of the sum appropriated 10 for the fiscal year for which the determination is made, or 11 $75,000, whichever is greater. For the purpose of the 12 exception contained in clause (A) of this paragraph, the 13 term 'State' does not include Guam, American Samoa, the 14 Virgin Islands, the Trust Territory of the Pacific Islands, 15 and the Northern Mariana Islands.

16

"(2) (A) Any State which desires to receive amounts, 17 in addition to amounts allotted to such State under paragraph 18 (1), to be used in the administration of its State plan in 19 accordance with subsection (a) may transmit an applica20 tion to the Commissioner in accordance with this paragraph. 21 Any such application shall be transmitted in such form, and 22 according to such procedures, as the Commissioner may re23 quire, except that such application may not be made as part 24 of, or as an amendment to, the State plan.

25

"(B) The Commissioner may approve any application

33

1 transmitted by a State under subparagraph (A) if the Com

2 missioner determines, based upon a particularized showing 3 of need, that

4

5

6

7

8

9

10

11

12

13

14

15

16

17

"(i) the State will be unable to fully and effectively administer its State plan and to carry out programs and

projects authorized by this title unless such additional amounts are made available by the Commissioner;

"(ii) the State is making full and effective use of its

allotment under paragraph (1) and of the personnel

of the State agency and area agencies designated under section 305 in the administration of its State plan in accordance with subsection (a); and

"(iii) the State agency and area agencies of such

State designated under section 305 are carrying out, on a full-time basis, programs and activities which are in furtherance of the purposes of this Act.

"(C) The Commissioner may approve that portion of

18 the amount requested by a State in its application under 19 subparagraph (A) which he determines has been justified 20 in such application.

21.

"(D) Amounts which any State may receive in any 22 fiscal year under this paragraph may not exceed three

23 fourths of 1 per centum of the sum of the amounts allotted

24 under section 304 (a) to such State to carry out the State 25 plan for such fiscal year.

10

34

1 "(E) No application by a State under subparagraph 2 (A) shall be approved unless it contains assurances that 3 no amounts received by such State under this paragraph 4 will be used to hire any person to fill a job opening created 5 by the action of such State in laying off or terminating the 6 employment of any regular employee not supported under 7 this Act in anticipation of filling the vacancy so created 8 by hiring an employee to be supported through use of 9 amounts received under this paragraph.

"(3) Each State shall be entitled to an allotment 11 under this section for any fiscal year in an amount which 12 is not less than the amount of the allotment to which such 13 State was entitled under paragraph (1) for the fiscal year 14 ending June 30, 1975.

15

"(4) The number of persons aged sixty or over in any 16 State and in all States shall be determined by the Com17 missioner on the basis of the most recent satisfactory data 18 available to him.

19

"(c) The amounts of any State's allotment under sub20 section (b) for any fiscal year which the Commissioner de21 termines will not be required for that year shall be realloted, 22 from time to time and on such dates during such year as 23 the Commissioner may fix, to other States in proportion to 24 the original allotments to such States under subsection (b) 25 for that year, but with such proportionate amount for any