Pub. L. 93-29, tit. II, sec. 201

Sec. 201. (a) Section 201 of the Older Americans Act of 1965 is amended to read as follows: “establishment of administration on aging “Sec. 201. (a) There is established in the Office of the Secretary an Administration on Aging (hereinafter in this Act referred to as the ‘Administration’) which shall be headed by a Commissioner on Aging (hereinafter in this Act referred to as the ‘Commissioner’). Except for title VI and as otherwise specifically provided by the Older Americans Comprehensive Services Amendments of 1973, the Administration shall be the principal agency for carrying out this Act. In the performance of his functions, the Commissioner shall be directly responsible to the Office of the. Secretary. The Secretary shall not approve any delegation of the functions of the Commissioner to any other officer not directly responsible to the Commissioner unless the Secretary shall first submit a plan for such delegation to the. Congress. Such delegation is effective at the end of the first period of sixty calen-87 Stat. 31dar days of continuous session of Congress after the date on which the plan for such delegation is transmitted to it: Provided, however, That within thirty days of such transmittal, the Secretary shall consult with the Committee on Labor and Public Welfare of the Senate and the Committee on Education and Labor of the House of Representatives respecting such proposed delegation. For the purpose of this section, continuity of session is broken only by an adjournment of Congress sine die, and the days on which either House, is not. in session because of an adjournment of more than three days to a day certain are excluded in the computation of the thirty-day and sixty-day periods. Under provisions contained in a reorganization plan, a provision of the plan may be effective. “(b) The Commissioner shall be appointed by the President by and with the advice and consent of the Senate.” (b) (1) Section 202(4) of the Older Americans Act of 1965 is amended to read as follows: “(4) develop plans, conduct and arrange for research in the field of aging, and assist in the establishment of and carry out programs designed to meet the needs of older persons for social services, including nutrition, hospitalization, preretirement training, continuing education, low-cost transportation and housing, and health services;” (2) Section 202 of the Older Americans Act of 1965 is amended by striking out “and” at the end of paragraph (7), by striking out the period at the end of paragraph (8) and inserting in lieu thereof “; and”, and by adding at the end thereof the following new paragraphs: “(9) develop basic policies and set priorities with respect to the development and operation of programs and activities conducted under authority of this Act; “(10) provide for the coordination of Federal programs and activities related to such purposes; “(11) coordinate, and assist in, the planning and development by public (including Federal, State, and local agencies) and non-profit private organizations of programs for older persons, with a view to the establishment of a nationwide network of comprehensive, coordinated services and opportunities for such persons; “(12) convene conferences of such authorities and officials of public (including Federal, State, and local agencies) and non-profit private organizations concerned with the development and operation of programs for older persons as the Commissioner deems necessary or proper for the development and implementation of policies related to the purposes of this Act: “(13) develop and operate programs providing services and opportunities as authorized by this Act which are not otherwise provided by existing programs for older persons; “(14) carry on a continuing evaluation of the programs and activities related to the purposes of this Act, with particular attention to the impact of medicare and medicaid, the Age Discrimination Act of 1967, and the programs of the National Housing Act relating to housing for the elderly and the setting of standards for the licensing of nursing homes, intermediate care homes, and other facilities providing care for older people; “(15) provide information and assistance to private nonprofit organizations for the establishment and operation by them of programs and activities related to the purposes of this Act; and “(16) develop, in coordination with other agencies, a national plan for meeting the needs for trained personnel in the field of 87 Stat. 32aging, and for training persons for carrying out programs related to the purposes of this Act, and conduct and provide, for the conducting of such training.” (3) Section 202 of the Act (as amended by the preceding provisions of this subsection) is further amended by inserting “(a)” after “Sec. 202.”. and by adding at the end thereof the following new subsection: “(b) In executing his duties and functions under this Act and carrying out the programs and activities provided for by this Act, the Commissioner, in consultation with the Director of Action, shall take all possible steps to encourage and permit voluntary groups active in social services, including youth organizations active at the high school or college levels, to participate and be involved individually or through representative groups in such programs or activities to the maximum extent feasible, through the performance of advisory or consultative functions, and in other appropriate ways.” (c) Title II of the Older Americans Act of 1965 is further amended by adding at the end thereof the following new sections: “federal agency cooperation “Sec. 203. Federal agencies proposing to establish programs substantially related to the purposes of this Act shall consult with the Administration on Aging prior to the establishment of such services, and Federal agencies administering such programs shall cooperate with the Administration on Aging in carrying out such services. “the national information and resource clearing house for the aging “Sec. 204. (a) The Commissioner is authorized and directed to establish and operate a National Information and Resource Clearing House for the Aging which shall— “(1) collect, analyze, prepare, and disseminate information related to the needs and interests of older persons; “(2) obtain information concerning older persons from public and private agencies and other organizations serving the needs and interests of older persons and furnish, upon request, information to such agencies and organizations, including information developed by Federal, State, and local public agencies with respect to programs of such agencies designed to serve the needs and interests of older persons; “(3) encourage the establishment of State and local information centers and provide technical assistance to such centers, including sources established under section 304(e)(3) and section 305(a)(7),to assist older persons to have ready access to information; and “(4) carry out a special program for the, collection and dissemination of information relevant to consumer interests of older persons in order that such older persons may more, readily obtain information concerning goods and services needed by them. “(b) The Commissioner shall take whatever action is necessary to achieve coordination of activities carried out or assisted by all departments, agencies, and instrumentalities of the Federal Government with respect to the collection, preparation, and dissemination of information relevant to older persons. To the extent practicable, the Commissioner shall carry out his functions under this subsection through the National Information and Resource Clearing House for the Aging. 87 Stat. 33 “(c) There are authorized to be appropriated to carry out the purposes of this section during the fiscal year ending June 30, 1973, the fiscal year ending June 30, 1974, and the fiscal year ending Jane 30, 1975, such sums as may be necessary. “federal council on this aging “Sec. 205. (a) There is established a Federal Council on the Aging to be composed of fifteen members appointed by the President with the advice, and consent of the Senate for teams of three years without regard to the provisions of title 5, United States Code. Members shall be appointed so as to be representative of older Americans, national organizations with an interest in aging, business, labor, and the general public. At least five of the members shall themselves be older persons. “(b) (1) Of the members first appointed, five shall be appointed for a term of one year, five shall be appointed for a term of two years, and five shall be appointed for a term of three years, as designated by the President at the time, of appointment. “(2) Any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. Members shall lie eligible, for reappointment and may serve after the expiration of their terms until their successors have taken office. “(3) Any vacancy in the Council shall not affect its powers, but shall be filled in the same manner by which the original appointment was made. “(4) Members of the Council shall, while serving on business of the Council, be entitled to receive compensation at a rate not to exceed the daily rate specified for grade GS–18 in section 5332 of title 5, United States Code, including traveltime, 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, in the same manner as the expenses authorized by section 5703(b) of title 5, United States Code, for persons in the Government service employed intermittently. “(c) The President shall designate, the Chairman from among the members appointed to the Council. The Council shall meet at the call of the Chairman but not less often than four times a year. The Secretary and the Commissioner on Aging shall be ex officio members of the Council. “(d) The Council shall— “(1) advise and assist the President on matters relating to the special needs of older Americans; “(2) assist the Commissioner in making the appraisal of needs required by section 402; “(3) review and evaluate, on a continuing basis, Federal policies regarding the aging and programs and other activities affecting the aging conducted or assisted by all Federal departments and agencies for the purpose of appraising their value and their impact on the lives of older Americans; and “(4) serve as a spokesman on behalf of older Americans by making recommendations to the President, to the Secretary, the Commissioner, and to the Congress with respect to Federal policies regarding the aging and federally conducted or assisted programs and other activities relating to or affecting them; “(5) inform the public about the problems and needs of the aging, in consultation with the National Information and Resource 87 Stat. 34Clearing House for the Aging, by collecting and disseminating information, conducting or commissioning studies and publishing the results thereof, and by issuing publications and reports; and “(6) provide public forums for discussing-and publicizing the problems and needs of the aging and obtaining information relating thereto by conducting public hearings, and by conducting or sponsoring conferences, workshops, and other such meetings. “(e) The Secretary and the Commissioner shall make available to the Council such staff, information, and other assistance as it may require to carry out its activities. “(f) Beginning with the year 1974 the Council shall make such interim reports as it deems advisable and an annual report of its findings and recommendations to the, President not later than March 31 of each year. The President shall transmit each such report to the Congress together with his comments and recommendations. “(g) The Council shall undertake a study of the interrelationships of benefit, programs for the elderly operated by Federal, State, and local government agencies. Following the completion of this study, but no later than eighteen months after enactment of this Act, the President shall submit to Congress recommendations for bringing about greater uniformity of eligibility standards, and for eliminating the negative impact that one program’s standards may have on another. “(h) The Council shall undertake a study of the combined impact of all taxes on the elderly—including but not limited to income, property, sales, social security taxes. Upon completion of this study, but no later than eighteen months after enactment of this Act, the President shall submit to Congress, and to the Governor and legislatures of the States, the results thereof and such recommendations as he deems necessary. “(i) The Council shall undertake a study or studies concerning the effects of the formulae specified in section 303 for allotment among the States of sums appropriated for area planning and social service programs authorized under title III of this Act. Upon completion of this study, but no later than January 1, 1975, the results of such study, together with recommendations for such changes, if any, in such formulae as may be determined to be desirable, and the justification for any changes recommended, shall be, submitted to the Commissioner, the Secretary of Health, Education, and Welfare, the Committee on Labor and Public Welfare of the Senate, and the Committee on Education and Labor of the House of Representatives. “administration of the act “Sec. 206. (a) In carrying out the purposes of this Act, the Commissioner is authorized to: “(1) provide consultative services and technical assistance to public or nonprofit private agencies and organizations; “(2) provide short-term training and technical instruction; “(3) conduct research and demonstrations: “(4) collect, prepare, publish, and disseminate special educational or informational materials, including reports of the projects for which funds are provided under this Act; and “(5) provide staff and other technical assistance to the Federal Council on the Aging. “(b) In administering his functions under this Act, the Commissioner may utilize the services and facilities of any agency of the Federal Government and of any other public or nonprofit agency or organization, in accordance with agreements between the Commissioner and the head thereof, and is authorized to pay therefor, in 87 Stat. 35advance or by way of reimbursement, as may be provided in the agreement. “(c) For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary. “evaluation “Sec. 207. (a) The Secretary shall measure and evaluate the impact of all programs authorized by this Act, their effectiveness in achieving stated goals in general, and in relation to their cost, their impact on related programs, and their structure and mechanisms for delivery of services, including, where appropriate, comparisons with appropriate control groups composed of persons who have not participated in such programs. Evaluations shall be conducted by persons not immediately involved in the administration of the program or project evaluated. “(b) The Secretary may not make grants or contracts under section 308 or title IV of this Act until he has developed and published general standards to be used by him in evaluating the programs and projects assisted under such section or title. Results of evaluations conducted pursuant to such standards shall be included in the reports required by section 208. “(c) In carrying out evaluations under this section, the Secretary shall, whenever possible, arrange to obtain the opinions of program and project participants about the strengths and weaknesses of the programs and projects. “(d) The Secretary shall annually publish summaries of the results of evaluative research and evaluation of program and project impact and effectiveness, the full contents of which shall be available to Congress and the public. “(e) The Secretary shall take the necessary action to assure that all studies, evaluations, proposals, and data produced or developed with Federal funds shall become the property of the United States. “(f) Such information as the Secretary may deem necessary for purposes of the evaluations conducted under this section shall be made available to him, upon request, by the departments and agencies of the executive branch. “(g) The Secretary is authorized to use such sums as may be required, but. not to exceed 1 per centum of the funds appropriated under this Act, or $1,000,000 whichever is greater, to conduct program and project evaluations (directly, or by grants or contracts) as required by this title. In the case of allotments from such an appropriation, the amount available for such allotments (and the amount deemed appropriated therefor) shall be reduced accordingly. “reports “Sec. 208. Not later than one hundred and twenty days after the close, of each fiscal year, the Commissioner shall prepare and submit to the President, for transmittal to the Congress a full and complete report on the activities carried out under this Act. Such annual reports shall include statistical data reflecting services and activities provided individuals during the preceding fiscal year. “joint funding of projects “Sec. 209. Pursuant to regulations prescribed by the President, and to the extent consistent, with the other provisions of this Act where funds are provided for a single project, by more than one Federal agency to any agency or organization assisted under this Act, the Federal agency principally involved may be designated to act. for all in 87 Stat. 36administering the funds provided. In such cases, a single non-Federal share requirement may be established according to the proportion of funds advanced by each Federal agency, and any such agency may waive any technical grant, or contract requirement (as defined by such regulations) which is inconsistent with the similar requirements of the administering agency or which the administering agency does not impose. “advance funding “Sec. 210. (a) For the, purpose of affording adequate notice of funding available under this Act, appropriations under this Act are authorized to be. included in the appropriation Act for the fiscal year preceding the fiscal year for which they are available for obligation. “(b) In order to effect, a transition to the advance funding method of timing appropriation action, the amendment made by subsection (a) shall apply notwithstanding that its initial application will result in the enactment in the same year (whether in the same appropriation Act or otherwise) of two separate appropriations, one for the then current fiscal year and one for the succeeding fiscal year.”