80 Stat. 885. in which he directly administers school food service programs, shall promptly and equitably disburse such funds to schools participating in the lunch and breakfast programs under this Act and the Child Nutrition Act of 1966 and such disbursements shall be used by such 42 USC 1771 note, schools to obtain agricultural commodities and other foods for their food service program. Such food shall be limited to the requirements for lunches and breakfasts for children as provided for in the regulations by the Department of Agriculture under title 7, subtitle b, chapter II, subchapter a, parts 210 and 220. 49 Stat. 774. 87 STAT. 10 87 STAT. 11 42 USC 1756. "(c) Notwithstanding any other provision of law, the Secretary, until such time as a supplemental appropriation may provide additional funds for the purpose of subsection (b) of this section, shall use funds appropriated by section 32 of the Act of August 24, 1935 (7 U.S.C. 612c) to make any payments to States authorized under such subsection. Any section 32 funds utilized to make such payments shall be reimbursed out of any supplemental appropriation hereafter enacted for the purpose of carrying out subsection (b) of this section and such reimbursement shall be deposited into the fund established pursuant to section 32 of the Act of August 24, 1935, to be available for the purposes of said section 32. "(d) Any funds made available under subsection (b) or (c) of this section shall not be subject to the State matching provisions of section 7 of this Act." Approved March 30, 1973. 87 STAT. 30 Older Americans Comprehensive Services Amendments of 1973. 79 Stat. 218. 42 USC 3001 note. LEGISLATIVE HISTORY: HOUSE REPORTS: SENATE REPORT No. 93-36 (Comm. on Education and Labor) and No. 93-59 (Comm. on Agriculture and Forestry). Mar. 5, considered and passed House. Mar. 14, considered and passed Senate, amended; Senate agreed Mar. 15, House agreed to conference report. Public Law 93-29 93rd Congress, S. 50 An Act To strengthen and improve the Older Americans Act of 1965, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Older Americans Comprehensive Services Amendments of 1973". TITLE I-DECLARATION OF OBJECTIVES FINDINGS AND PURPOSES SEC. 101. The Congress finds that millions of older citizens in this Nation are sunering unnecessary harm from the lack of adequate services. It is therefore the purpose of this Act, in support of the objectives of the Older Americans Act of 1965, to (1) make available comprehensive programs which include a full range of health, education, and social services to our older citizens who need them, (2) give full and special consideration to older citizens with special needs in planning such programs, and, pending the availability of such programs for all older citizens, give priority to the elderly with the greatest economic and social need, (3) provide comprehensive programs which will assure the coordinated delivery of a full range of essential services to our older citizens, and, where applicable, also furnish meaningful employment opportunities for many individuals, including older persons, young persons, and volunteers from the community, and (4) insure that the planning and operation of such programs will be undertaken as a partnership of older citizens, community agencies, and State and local governments, with appropriate assistance from the Federal Government. SEC. 102. Section 101 (8) of the Older Americans Act of 1965 is 42 USC 3001. amended by inserting after "services" the following: ", including access to low-cost transportation,”. TITLE II-ADMINISTRATION ON AGING SEC. 201. (a) Section 201 of the Older Americans Act of 1965 is 42 USC 3011. 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 calendar 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. 87 STAT 31 "(b) The Commissioner shall be appointed by the President by Appointment. and with the advice and consent of the Senate." (b) (1) Section 202 (4) of the Older Americans Act of 1965 is Functions. amended to read as follows: 79 Stat. 220. "(4) develop plans, conduct and arrange for research in the 42 USC 3011. 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 81 Stat. 602. 29 USC 621 note. 48 Stat. 1246. 12 USC 1701 and note. 87 STAT. 32 Arte, p. 31. 79 Stat. 220. 42 USC 3011. Establishment. 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 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 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 aging, 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 (c) (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 pur- Appropriations. poses 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. "FEDERAL COUNCIL ON THE AGING Establishment; membership. "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 terms of three years without regard to the provisions of title 5, United States Code. Members shall 80 Stat. 378. be appointed so as to be representative of older Americans, national 5 USC 101. organizations with an interest in aging, business, labor, and the gen eral public. At least five of the members shall themselves be older persons. "(b) (1) Of the members first appointed, five shall be appointed for Appointment. 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 Vacancies. 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; "(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 5 USC 5332 note. 80 Stat. 499; 83 Stat. 190. Chairman. Duties. Post, p. 45. 87 STAT. 34 Information, 66 "(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 findtransmittal to ings and recommendations to the President not later than March 31 of Congress. each year. The President shall transmit each such report to the Congress together with his comments and recommendations. Studies, report to Congress. Post, p. 37. Post, p. 36. "(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; 66 (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 |