adjournment of more than three days to a day certain are excluded in the computation of the thirtyday 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. (As amended Pub. L. 93-29, title II, § 201(a), May 3, 1973, 87 Stat. 30.) REFERENCES IN TEXT Subchapter VI of this chapter, referred to in subsec. (a), was repealed by Pub. L. 93-113, title VI, section 604 (a), Oct. 1, 1973, 87 Stat. 417. See section 5001 et seq. of this title. Older Americans Comprehensive Services Amendments of 1973, referred to in subsec. (a), means Pub. L. 93-29, classified generally to this chapter and chapter 35A of this title. For complete classification of Pub. L. 93-29 in the Code, see short title note set out under section 3003 of this title. AMENDMENTS 1973 Subsec. (a). Pub. L. 93-29 added subsec. (a). Former provision established the Administration on Aging in the Department of Health, Education, and Welfare. Subsec. (b). Pub. L. 93-29 deleted provision respecting the direction of the Administration by a Commissioner on Aging, now incorporated in subsec. (a) of this section. § 3012. Functions of Administration; encouragement by Commissioner of program and activity participation by voluntary social services groups. (a) It shall be the duty and function of the Administration to * (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; (7) gather statistics in the field of aging which other Federal agencies are not collecting; (8) stimulate more effective use of existing resources and available services for the aged and aging; (9) develop basic policies and set priorities with respect to the development and operation of programs and activities conducted under authority of this chapter; (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 nonprofit 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 nonprofit 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 chapter; (13) develop and operate programs providing services and opportunities as authorized by this chapter 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 chapter, 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 chapter; and (16) develop, in coordination with other agencies, a national plan for meeting the needs for trained personnel in the field of aging, and for training persons for carrying out programs related to the purposes of this chapter, and conduct and provide for the conducting of such training. (b) In executing his duties and functions under this chapter and carrying out the programs and activities provided for by this chapter, 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. (As amended Pub. L. 93-29, title II, § 201 (b), May 3, 1973, 87 Stat. 31.) REFERENCES IN TEXT Age Discrimination Act of 1967, referred to in subsec. (a) (14), is classified to chapter 14 of Title 29, Labor. National Housing Act, referred to in subsec. (a) (14). is classified to chapter 13 of Title 12, Banks and Banking. AMENDMENTS Subsec. (a). Pub. L. 93-29, § 201(b) (1)−(3), in par. (4), substituted "research" for "research and demonstration programs" and made it the function of the Administration to assist in the establishment of any 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; added pars. (9) to (16); and designated existing provisions as subsec. (a), respectively. Subsec. (b). Pub. L. 93-29, § 201 (b) (3), added subsec. (b). § 3013. Federal agency cooperation. Federal agencies proposing to establish programs substantially related to the purposes of this chapter 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. (Pub. L. 89-73, title II, § 203, as added Pub. L. 93-29, title II, § 201(c), May 3, 1973, 87 Stat. 32.) § 3014. National Information and Resource Clearing House for the Aging. (a) Establishment and operation by Commissioner; functions. 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 agenciets 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 3024 (c) (3) and section 3025 (a) (7) of this title, 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) Coordination by Commissioner of Federal agency informational activities relevant to older persons; Clearing House as instrumentality for carrying out functions of Commissioner. 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. (c) Authorization of appropriations. 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 June 30, 1975, such sums as may be necessary. (Pub. L. 89-73, title II, § 204, as added Pub. L. 93-29, title II, § 201 (c), May 3, 1973, 87 Stat. 32.) §3015. Federal Council on the Aging. (a) Establishment; membership; term; representation of interests; qualification. 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 terms of three years without regard to the provisions of Title 5. 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) Initial appointments; vacancies; compensation and travel expenses. (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 be 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, 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 for persons in the Government service employed intermittently. (c) Chairman; meetings; ex officio members. 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) Duties of Federal Council on the Aging. 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 3032 of this title; (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 Clearing 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) Staff, information, and other assistance. 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) Reports to President; transmittal to Congress. 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) Study of interrelationships of benefit programs for elderly operated by government agencies; report to Congress. 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 May 3, 1973, 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) Study of impact of taxes on elderly; report to Congress and the States. 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 May 3, 1973, 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) Study of formulae for area planning and social service program allotments; submission to executive and legislative officials. The Council shall undertake a study or studies concerning the effects of the formulae specified in section 3023 of this title for allotment among the States of sums appropriated for area planning and social service programs authorized under subchapter III of this chapter. 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. (Pub. L. 89-73, title II, §205, as added Pub. L. 93-29, title II, § 201(c), May 3, 1973, 87 Stat. 33.) § 3016. Administration. (a) Authority of Commissioner. In carrying out the purposes of this chapter, 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 chapter; and (5) provide staff and other technical assistance to the Federal Council on the Aging. (b) Utilization of services and facilities of Federal and other public or nonprofit agencies; advance or reimbursement payments for such use. In administering his functions under this chapter, 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 advance or by way of reimbursement, as may be provided in the agreement. (c) Authorization of appropriations. For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary. (Pub. L. 89-73, title II, § 206, as added Pub. L. 93-29, title II, § 201(c), May 3, 1973, 87 Stat. 34.) PRIOR PROVISIONS Provisions similar to those comprising subsecs. (a) and (b) of this section were contained in Pub. L. 89-73, title VIII, § 802, formerly title VI, § 602, July 14, 1965, 79 Stat. 226; Pub. L. 90-42, § 5(e), (f), July 1, 1967, 81 Stat. 107, 108; renumbered title VIII, § 702, Pub. L. 91-69, § 9, Sept. 17, 1969, 83 Stat. 111; renumbered title VIII, § 802, Pub. L. 92-258, § 1, Mar. 22, 1972, 86 Stat. 88 (formerly classified to section 3052 of this title) prior to repeal of such section by Pub. L. 93-29, title II, § 202, May 3, 1973, 87 Stat. 36. § 3017. Evaluation of programs. (a) Authority of Secretary; scope of evaluation; persons conducting evaluation. The Secretary shall measure and evaluate the impact of all programs authorized by this chapter, 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) General standards. The Secretary may not make grants or contracts under section 3028 of this title or subchapter IV of this chapter until he has developed and published general standards to be used by him in evaluating the programs and projects assisted under such section or subchapter. Results of evaluations conducted pursuant to such standards shall be included in the reports required by section 3018 of this title. (c) Opinion of program and project participants. In carrying out evaluations under this section, the Secretary shall, whenever possible, arrange to obtain the opinions of program and project partici pants about the strengths and weaknesses of the programs and projects. (d) Annual summaries of evaluation; availability of contents. 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) Federal property. 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) Availability to Secretary of information from executive agencies. 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) Funds. 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 chapter, or $1,000,000 whichever is greater, to conduct program and project evaluations (directly, or by grants or contracts) as required by this subchapter. 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. (Pub. L. 89-73, title II, § 207, as added Pub. L. 93-29, title II, § 201(c), May 3, 1973, 87 Stat. 35.) PRIOR PROVISIONS Provisions similar to those comprising subsec. (g) of this section were contained in Pub. L. 89-73, title VIII, § 804, formerly title VII, § 704, as added Pub. L. 91-69, § 12, Sept. 17, 1969, 83 Stat. 114; renumbered Pub. L. 92-258, § 1, Mar. 22, 1972, 86 Stat. 88 (formerly classified to section 3054 of this title) prior to repeal of such section by Pub. L. 93-29, title II, § 202, May 3, 1973, 87 Stat. 36. § 3018. Annual report to Congress. 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 chapter. Such annual reports shall include statistical data reflecting services and activities provided individuals during the preceding fiscal year. (Pub. L. 89-73, title II, § 208, as added Pub. L. 93-29, title II, § 201(c), May 3, 1973, 87 Stat. 35.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 3017, 3032 of this title. § 3019. Joint funding of projects. Pursuant to regulations prescribed by the President, and to the extent consistent with the other provisions of this chapter, where funds are provided for a single project by more than one Federal agency to any agency or organization assisted under this chapter, the Federal agency principally involved may be designated to act for all in administering 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. (Pub. L. 89-73, title II, § 209, as added Pub. L. 93-29, title II, § 201(c), May 3, 1973, 87 Stat. 35.) PRIOR PROVISIONS Provisions similar to those comprising this section were contained in Pub. L. 89-73, title VIII, § 805, formerly title VII, § 705, as added Pub. L. 91-69, § 13, Sept. 17, 1969, 83 Stat. 114; renumbered Pub. L. 92-258, § 1, Mar. 22, 1972, 86 Stat. 88 (formerly classified to section 3055 of this title) prior to repeal of such section by Pub. L. 93-29, title II, § 202, May 3, 1973, 87 Stat. 36. § 3020. Advance funding. (a) For the purpose of affording adequate notice of funding available under this chapter, 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) of this section 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. (Pub. L. 89-73, title II, § 210, as added Pub. L. 93-29, title II, § 201(c), May 3, 1973, 87 Stat. 36.) SUBCHAPTER III.-GRANTS FOR STATE AND §3021. Statement of purpose. It is the purpose of this subchapter to encourage and assist State and local agencies to concentrate resources in order to develop greater capacity and foster the development of comprehensive and coordinated service systems to serve older persons by entering into new cooperative arrangements with each other and with providers of social services for planning for the provision of, and providing, social services and, where necessary, to reorganize or reassign functions, in order to (1) secure and maintain maximum independence and dignity in a home environment for older persons capable of self-care with appropriate supportive services; and (2) remove individual and social barriers to economic and personal independence for older persons. (Pub. L. 89-73, title III, § 301, as added Pub. L. 9329, title III, § 301, May 3, 1973, 87 Stat. 36.) CODIFICATION A prior section 3021, Pub. L. 89-73, title III, § 301, July 14, 1965, 79 Stat. 220; Pub. L. 90-42, § 2 (a), July 1, 1967, 81 Stat. 106; Pub. L. 91-69, § 2(a), Sept. 17, 1969, 83 Stat. 108, which related to a description of activities and authorized appropriations for fiscal years ending June 30, 1966, through 1972, was repealed by Pub. L. 93-29, title III, § 301, May 3, 1973, 87 Stat. 36, and is now covered generally in this chapter. § 3022. Definitions. For purposes of this subchapter (1) The term "social services" means any of the following services which meet such standards as the Commissioner may prescribe: (A) health, continuing education, welfare, informational, recreational, homemaker, counseling, or referral services; (B) transportation services where necessary to facilitate access to social services; (C) services designed to encourage and assist older persons to use the facilities and services available to them; (D) services designed to assists older persons to obtain adequate housing; (E) services designed to assist older persons in avoiding institutionalization, including preinstitutionalization evaluation and screening, and home health services; or (F) any other services; if such services are necessary for the general welfare of older persons. (2) The term "unit of general purpose local government" means (A) a political subdivision of the State whose authority is broad and general and is not limited to only one function or a combination of related functions, or (B) an Indian tribal organization. (3) The term "comprehensive and coordinated system" means a system for providing all necessary social services in a manner designed to (A) facilitate accessibility to and utilization of all social services provided within the geographic area served by such system by any public or private agency or organization; (B) develop and make the most efficient use of social services in meeting the needs of older persons; and (C) use available resources efficiently and with a minimum of duplication. (Pub. L. 89-73, title III, § 302, as added Pub. L. 93-29, title III, § 301, May 3, 1973, 87 Stat. 36.) CODIFICATION A prior section 3022, Pub. L. 89-73, title III, § 302, July 14, 1965, 79 Stat. 221; Pub. L. 90-42, §§ 2(b), 5(g), July 1, 1967; 81 Stat. 107, 108, Pub. L. 91-69, §§ 3 (a), 4(d), 6, 10(b), Sept. 17, 1969, 83 Stat. 108, 110, 114, which related to allotments to States, providing in subsec. (a) amount of allotments, subsec. (b) reallotments, and subsec. (c) availability for grants, percentage payments, and duration of project support, was repealed by Pub. L. 93-29, title III, § 301, May 3, 1973, 87 Stat. 36, and is now covered by sections 3023 and 3026 of this title. § 3023. Area planning and social service programs. (a) Authorization of appropriations; use of funds for certain purposes. There are authorized to be appropriated such sums as may be necessary for the fiscal year ending June 30, 1973, $103,600,000 for the fiscal year ending June 30, 1974, and $130,000,000 for the fiscal year ending June 30, 1975, to enable the Commis sioner to make grants to each State with a State plan approved under section 3025 of this title (except as provided in section 3027(a) of this title) for paying part of the cost (pursuant to subsection (e) of this section and section 3026 of this title) of (1) the administration of area plans by area agencies on aging designated pursuant to section 3024(a) (2) (A) of this title, including the preparation of area plans on aging consistent with section 3024 (c) of this title and the evaluation of activities carried out under such plans; (2) the development of comprehensive and coordinated systems for the delivery of social services; and (3) activities carried out pursuant to section 3026 of this title. (b) Allotments to States; amount. (1) From the sums authorized to be appropriated for the fiscal year ending June 30, 1973, under subsection (a) of this section, (A) 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 such sum, (B) each other State shall be allotted an amount equal to one-half of 1 per centum of such sum, and (C) from the remainder of the sum so appropriated, each State shall be allotted an additional amount which bears the same ratio to such remainder as the population aged sixty or over in such State bears to the population aged sixty or over in all States. (2) From the sums appropriated for the fiscal year ending June 30, 1974, and for the fiscal year ending June 30, 1975, each State shall be allotted an amount which bears the same ratio to such sums as the population aged sixty or over in such States bears to the population aged sixty 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 determination is made; (B) Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands shall each be allotted no less than one-fourth of 1 per centum of the sum appropriated for the fiscal year for which the determination is made; and (C) no State shall be allotted an amount less than that State received for the fiscal year ending June 30, 1973. For the purpose of the exception contained in clause (A) of this paragraph only, the term "State" does not include Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands. (3) The number of persons aged sixty or over in any State and in all States shall be determined by the Commissioner on the basis of the most recent and satisfactory data available to him. (c) Availability of unexpended amounts to other States. Whenever the Commissioner determines that any amount allotted to a State for a fiscal year under this section will not be used by such State for carrying out the purpose for which the allotment was made, he shall make such amount available for carrying out such purpose to one or more other |