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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, 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 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, 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:
Title II. Sec. 202 of those Amendments repealed Title VIII of the Act, sec. 801 of which previously authorized an Advisory Committee on Older Americans and such technical advisory committees as the Secretary deemed appropriate for advising him in carrying out his functions under the Act.
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(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 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) 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 out 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 17
SEC. 206. (a) In carrying out the purposes of this Act, the Commissioner 18 is authorized to:
(1) provide consultative services and technical assistance to public or nonprofit private agencies and organizations; 19
(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. 20
(b) In administering his 21 functions under this Act, the Commis
17 The 1973 Amendments, sec. 201(c) added this as a new section of Title II. Sec. 202 of those Amendments repealed Title VIII of the Act, sec. 802 of which contained provisions similar in many respects to the new sec. 206. Differences between the two are discussed in footnotes 18 through 23, below.
18 Sec. 802, which was superseded by the new sec. 206, used the word, "Secretary" at this point.
19 Sec. 802, which was superseded by the new sec. 206, used the words “agencies, organizations, and institutions” at this point.
20 The 1967 Amendments, sec. 5(e) added "and to provide staff and other technical assistance to the President's Council on Aging" to sec. 802, which was superseded by the new sec. 206.
21 The 1967 Amendments, sec. 5(f) deleted “their respective” and inserted “his” in sec. 802, which was superseded by the new sec. 206.
sioner 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 18 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)23 For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary.
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.
18 See footnote on previous page.
22 Sec. 802, which was superseded by the new sec. 206, used the word "institution" at this point, instead of "organization".
23 Sec. 802, which was superseded by sec. 206, contained no language comparable to the new subsection (c).
24 The 1973 Amendments, sec. 201(c) added this as a new section of Title II. Sec. 202 of those Amendments repealed Title VIII of the Act, sec. 804 of which contained provisions similar in some respects to the new sec. 207-though much briefer and less detailed than the latter. The 1969 Amendments, sec. 12 added sec. 804 to the Act.
(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.
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 PROJECTS26
SEC. 209. Pursuant to regulations prescribed by the President, and to the extent consistent with the other provisions of this Act,27 where funds are provided for a single project by more than one Federal agency to any agency or organization 28 assisted under this Act, the
23 The 1973 Amendments, sec. 201(c) added this as a new section of Title II. There was previously no comparable provision in the Act.
26 The 1973 Amendments, sec. 201(c) added this as a new section of Title II. Sec. 202 of those Amendments repealed Title VIII of the Act, sec. 805 of which was similar in many respects to the new sec. 209. Differences between the two are discussed in footnotes 27 through 29, below.
27 The phrase ", and to the extent consistent with the other provisions of this Act" was not in sec. 805, which was superseded by the new sec. 209.
28 Sec. 805, which was superseded by the new sec. 209, used the words "agency, organization, institution, or person" at this point.