
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC3015]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                CHAPTER 35--PROGRAMS FOR OLDER AMERICANS
 
                 SUBCHAPTER II--ADMINISTRATION ON AGING
 
Sec. 3015. Federal Council on the Aging


(a) Establishment; membership; term; representation of interests; 
        qualification; previously appointed members

    (1) There is established a Federal Council on the Aging to be 
composed of 15 members. Except as provided in subsection (b)(1)(A) of 
this section, members shall serve for terms of 3 years, ending on March 
31 regardless of the actual date of appointment, without regard to the 
provisions of title 5. Members shall be appointed from among individuals 
who have expertise and experience in the field of aging by each 
appointing authority so as to be representative of rural and urban older 
individuals, national organizations with an interest in aging, business, 
labor, minorities, Indian tribes, and the general public. At least three 
of the members appointed by each appointing authority shall be older 
individuals. No full-time officer or employee of the Federal Government 
may be appointed as a member of the Council.
    (2) Members appointed to the Federal Council on the Aging 
established by this section prior to October 9, 1992, who are serving on 
such date, shall continue to serve on the Federal Council established by 
paragraph (1) of this subsection until members are appointed in 
accordance with subsection (b)(1) of this section.

(b) Appointment of class 1, class 2, and class 3 members; vacancies; 
        compensation and travel expenses

    (1)(A)(i) The initial members of the Federal Council on the Aging 
shall be appointed on April 1, 1993, as follows:
        (I) 5 members, who shall be referred to as class 1 members, 
    shall be appointed for a term of 1 year;
        (II) 5 members, who shall be referred to as class 2 members, 
    shall be appointed for a term of 2 years; and
        (III) 5 members, who shall be referred to as class 3 members, 
    shall be appointed for a term of 3 years.

    (ii) Members appointed in 1994 and each third year thereafter shall 
be referred to as class 1 members. Members appointed in 1995 and each 
third year thereafter shall be referred to as class 2 members. Members 
appointed in 1996 and each third year thereafter shall be referred to as 
class 3 members.
    (B)(i) Members of each class shall be appointed in the manner 
prescribed by this subparagraph.
    (ii) Of the members of class 1, two shall be appointed by the 
President, two by the President pro tempore of the Senate upon the 
recommendation of the Majority Leader and the Minority Leader, and one 
by the Speaker of the House of Representatives upon the recommendation 
of the Majority Leader and the Minority Leader.
    (iii) Of the members of class 2, two shall be appointed by the 
President, one by the President pro tempore of the Senate upon the 
recommendation of the Majority Leader and the Minority Leader, and two 
by the Speaker of the House of Representatives upon the recommendation 
of the Majority Leader and the Minority Leader.
    (iv) Of the members of class 3, one shall be appointed by the 
President, two by the President pro tempore of the Senate upon the 
recommendation of the Majority Leader and the Minority Leader, and two 
by the Speaker of the House of Representatives upon the recommendation 
of the Majority Leader and the Minority Leader.
    (2) Any member appointed to fill a vacancy occurring prior to the 
expiration of the term for which such member's 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 equivalent of the rate specified for level V of the Executive 
Schedule under section 5316 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) \1\ of 
title 5 for persons in the Government service employed intermittently.
---------------------------------------------------------------------------
    \1\ See References in Text note below.
---------------------------------------------------------------------------

(c) Chairperson; meetings

    The President shall designate the Chairperson from among the members 
appointed to the Council. The Council shall meet at the call of the 
Chairperson at least quarterly.

(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 individuals;
        (2) directly advise the Assistant Secretary on matters affecting 
    the special needs of older individuals for services and assistance 
    under this chapter;
        (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 individuals and of identifying duplication and gaps 
    among the types of services provided under such programs and 
    activities;
        (4) serve as a spokesman on behalf of older individuals by 
    making recommendations to the President, to the Secretary, to the 
    Assistant Secretary, 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 
    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 Council shall have staff personnel, appointed by the 
Chairperson, to assist it in carrying out its activities. The head of 
each Federal department and agency shall make available to the Council 
such 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 interim reports 
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) Authorization of appropriations

    There are authorized to be appropriated to carry out this section 
$300,000 for fiscal year 1992 and such sums as may be necessary for 
fiscal years 1993, 1994, and 1995.

(Pub. L. 89-73, title II, Sec. 204, formerly Sec. 205, as added Pub. L. 
93-29, title II, Sec. 201(c), May 3, 1973, 87 Stat. 33; amended Pub. L. 
94-135, title I, Sec. 101, Nov. 28, 1975, 89 Stat. 713; Pub. L. 95-478, 
title I, Sec. 102(e), title V, Sec. 503(b)(3), (4)(A), Oct. 18, 1978, 92 
Stat. 1514, 1559; renumbered Sec. 204 and amended Pub. L. 97-115, 
Secs. 2(e)(2), (f), 11(b)(1), Dec. 29, 1981, 95 Stat. 1596, 1606; Pub. 
L. 98-459, title II, Sec. 204, Oct. 9, 1984, 98 Stat. 1769; Pub. L. 100-
175, title I, Secs. 107(b), 108, 182(d), Nov. 29, 1987, 101 Stat. 931, 
932, 964; Pub. L. 100-628, title VII, Sec. 705(2), Nov. 7, 1988, 102 
Stat. 3247; Pub. L. 102-375, title II, Sec. 205, title IX, 
Sec. 904(a)(6), Sept. 30, 1992, 106 Stat. 1211, 1306; Pub. L. 103-171, 
Sec. 3(a)(13), Dec. 2, 1993, 107 Stat. 1990.)

                       References in Text

    The provisions of title 5 governing appointments, referred to in 
subsec. (a)(1), are classified to section 3301 et seq. of Title 5, 
Government Organization and Employees.
    Section 5703 of title 5, referred to in subsec. (b)(4), was amended 
generally by Pub. L. 94-22, Sec. 4, May 19, 1975, 89 Stat. 85, and, as 
so amended, does not contain a subsec. (b).


                            Prior Provisions

    A prior section 204 of Pub. L. 89-73 was classified to section 3014 
of this title prior to repeal by Pub. L. 97-115.


                               Amendments

    1993--Subsec. (d)(2), (4). Pub. L. 103-171 substituted ``Assistant 
Secretary'' for ``Commissioner''.
    1992--Subsec. (a)(1). Pub. L. 102-375, Sec. 205(a)(1), substituted 
``Except as provided in subsection (b)(1)(A) of this section, members 
shall serve for terms of 3 years, ending on March 31 regardless of the 
actual date of appointment,'' for ``Members shall serve for terms of 
three years'' and inserted ``from among individuals who have expertise 
and experience in the field of aging''.
    Subsec. (a)(2). Pub. L. 102-375, Sec. 205(a)(2), substituted 
``1992'' for ``1984''.
    Subsec. (b)(1)(A). Pub. L. 102-375, Sec. 205(b), amended subpar. (A) 
generally. Prior to amendment, subpar. (A) read as follows: ``The 
members appointed in 1985 shall be referred to as class 1 members; the 
members appointed in 1986 shall be referred to as class 2 members; and 
the members appointed in 1987 shall be referred to as class 3 members.''
    Subsec. (b)(4). Pub. L. 102-375, Sec. 904(a)(6)(A), substituted 
``equivalent of the rate specified for level V of the Executive Schedule 
under section 5316'' for ``rate specified for grade GS-18 in section 
5332''.
    Subsec. (d)(1). Pub. L. 102-375, Sec. 904(a)(6)(B), substituted 
``individuals'' for ``Americans''.
    Subsec. (d)(2). Pub. L. 102-375, Sec. 205(c)(3), added par. (2). 
Former par. (2) redesignated (3).
    Pub. L. 102-375, Sec. 205(c)(1), inserted before semicolon at end 
``and of identifying duplication and gaps among the types of services 
provided under such programs and activities''.
    Subsec. (d)(3). Pub. L. 102-375, Sec. 904(a)(6)(B), substituted 
``individuals'' for ``Americans''.
    Pub. L. 102-375, Sec. 205(c)(2), redesignated par. (2) as (3). 
Former par. (3) redesignated (4).
    Subsec. (d)(4). Pub. L. 102-375, Sec. 904(a)(6)(B), substituted 
``individuals'' for ``Americans''.
    Pub. L. 102-375, Sec. 205(c)(2), redesignated par. (3) as (4). 
Former par. (4) redesignated (5).
    Subsec. (d)(5), (6). Pub. L. 102-375, Sec. 205(c)(2), redesignated 
pars. (4) and (5) as (5) and (6), respectively.
    Subsec. (f). Pub. L. 102-375, Sec. 205(d), substituted ``interim 
reports'' for ``such interim reports as it deems advisable''.
    Subsec. (g). Pub. L. 102-375, Sec. 205(e), amended subsec. (g) 
generally. Prior to amendment, subsec. (g) read as follows: ``There are 
authorized to be appropriated to carry out the provisions of this 
section $210,000 for the fiscal year 1988, $221,000 for the fiscal year 
1989, $232,000 for the fiscal year 1990, and $243,000 for the fiscal 
year 1991.''
    1988--Subsec. (a)(1). Pub. L. 100-628 inserted a comma after 
``minorities''.
    1987--Subsec. (a)(1). Pub. L. 100-175, Secs. 107(b), 108(a), 
inserted ``Indian tribes'' after ``minorities'' in third sentence and 
substituted ``three'' for ``two'' in fourth sentence.
    Subsec. (d)(3). Pub. L. 100-175, Sec. 182(d), inserted ``to'' after 
``Secretary,''.
    Subsec. (g). Pub. L. 100-175, Sec. 108(b), amended subsec. (g) 
generally. Prior to amendment, subsec. (g) read as follows: ``There are 
authorized to be appropriated to carry out the provisions of this 
section $228,900 for fiscal year 1984 and $200,000 for each of the 
fiscal years 1985, 1986, and 1987.''
    1984--Subsec. (a). Pub. L. 98-459, Sec. 204(a), redesignated 
existing provisions as par. (1), struck out reference to appointment by 
the President with the advice and consent of the Senate, inserted 
references to appointment by each appointing authority, substituted 
reference to rural and urban older individuals for reference to rural 
and urban older Americans, inserted reference to minorities, and reduced 
from five to two the number of members of the Council required to be 
older individuals, and added par. (2).
    Subsec. (b)(1). Pub. L. 98-459, Sec. 204(b), substituted provisions 
regarding the appointment of class 1, class 2, and class 3 members by 
the President, the President pro tempore of the Senate and the Speaker 
of the House of Representatives for provisions that of the members first 
appointed, five had to be appointed for a term of one year, five had to 
be appointed for a term of two years, and five had to be appointed for a 
term of three years, as designated by the President at the time of 
appointment.
    Subsec. (b)(2). Pub. L. 98-459, Sec. 204(c)(1), substituted ``such 
member's predecessor'' for ``his predecessor''.
    Subsec. (c). Pub. L. 98-459, Sec. 204(c)(2), substituted 
``Chairperson'' for ``Chairman'' in two places.
    Subsec. (d)(2). Pub. L. 98-459, Sec. 204(c)(3), redesignated par. 
(3) as (2) and struck out former par. (2) which had required the Council 
to assist the Commissioner in making an appraisal of needs pursuant to 
the functions carried out by the Commissioner under section 3031 of this 
title.
    Subsec. (d)(3) to (6). Pub. L. 98-459, Sec. 204(c)(3), redesignated 
pars. (4) to (6) as (3) to (5), respectively.
    Subsec. (e). Pub. L. 98-459, Sec. 204(c)(4), substituted 
``Chairperson'' for ``Chairman''.
    Subsec. (g). Pub. L. 98-459, Sec. 204(d), struck out provisions 
which had authorized the appropriation of $200,000 for fiscal year 1982 
and $214,000 for fiscal year 1983, and inserted provisions authorizing 
appropriations of $200,000 for each of the fiscal years 1985, 1986, and 
1987.
    1981--Subsec. (c). Pub. L. 97-115, Sec. 2(f)(1), substituted ``at 
least quarterly'' for ``but not less often than four times a year''.
    Subsec. (d)(2). Pub. L. 97-115, Sec. 11(b)(1), substituted ``an 
appraisal of needs pursuant to the functions carried out by the 
Commissioner under section 3031 of this title'' for ``the appraisal of 
needs required by section 3032 of this title''.
    Subsec. (d)(5). Pub. L. 97-115, Sec. 2(f)(2), struck out provisions 
that had required that the function of informing the public about the 
problems and needs of the aging be carried out in consultation with the 
National Information and Resource Clearing House for the Aging.
    Subsecs. (g), (h). Pub. L. 97-115, Sec. 2(f)(3), (4), redesignated 
subsec. (h) as (g) and substituted provisions authorizing appropriations 
of $200,000 for fiscal year 1982, $214,000 for fiscal year 1983, and 
$228,900 for fiscal year 1984 for provisions which authorized 
appropriation of ``such sums as may be necessary'' to carry out 
provisions of this section for fiscal years 1979, 1980, and 1981. Former 
subsec. (g), which directed the undertaking of a thorough evaluation and 
study of programs conducted under this chapter, was struck out.
    1978--Subsec. (a). Pub. L. 95-478, Secs. 102(e)(1), 503(b)(4)(A), 
substituted ``rural and urban older Americans'' for ``older Americans'', 
barred any full-time officer or employee of the Federal Government from 
being appointed a member of the Council, and substituted ``older 
individuals'' for ``older persons''.
    Subsec. (c). Pub. L. 95-478, Sec. 102(e)(2), struck out requirement 
that the Secretary and the Commissioner on Aging be ex officio members 
of the Council.
    Subsec. (d)(3). Pub. L. 95-478, Sec. 503(b)(3), struck out ``and'' 
at end.
    Subsec. (e). Pub. L. 95-478, Sec. 102(e)(3), substituted provision 
for appointment by the Chairman of staff personnel for the Council for 
prior requirement that the Secretary and the Commissioner make staff 
available to the Council, and substituted requirement that heads of 
Federal departments and agencies make information and other assistance 
available to the Council for prior provision for such availability from 
the Secretary and the Commissioner.
    Subsec. (g). Pub. L. 95-478, Sec. 102(e)(4)(A), added subsec. (g) 
and struck out former subsec. (g) which provided that the Council 
undertake a study of the interrelationships of benefit programs for the 
elderly operated by Federal, State, and local government agencies and 
following completion of this study, but no later than Jan. 1, 1976, the 
President submit to Congress recommendations designed to bring greater 
uniformity of eligibility standards and to eliminate the negative impact 
that one program's standards may have on another.
    Subsec. (h). Pub. L. 95-478, Sec. 102(e)(4)(B), added subsec. (h) 
and struck out former subsec. (h) which provided that the Council 
undertake a study of the combined impact of all taxes on the elderly and 
upon completion of the study, but no later than Jan. 1, 1976, the 
President submit to Congress, and to the Governor and legislatures of 
the States, the result of this study and any recommendations he deemed 
necessary.
    Subsec. (i). Pub. L. 95-478, Sec. 102(e)(4)(B), struck out subsec. 
(i) which provided that the Council 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 and upon completion of this study, but no later than Jan. 
1, 1975, to report the results, together with recommendations for change 
in the formulae, 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.
    1975--Subsecs. (g), (h). Pub. L. 94-135 substituted ``January 1, 
1976'' for ``eighteen months after May 3, 1973''.


                    Effective Date of 1992 Amendment

    Amendment by section 205 of Pub. L. 102-375 effective Sept. 30, 
1992, except that incumbent members of the Federal Council on Aging may 
serve on the Council until their successors are appointed under this 
section as amended by section 205 of Pub. L. 102-375, see section 905 of 
Pub. L. 102-375, set out as a note under section 3001 of this title.


                    Effective Date of 1987 Amendment

    Amendment by Pub. L. 100-175 effective Oct. 1, 1987, except not 
applicable with respect to any area plan submitted under section 3026(a) 
of this title or any State plan submitted under section 3027(a) of this 
title and approved for any fiscal year beginning before Nov. 29, 1987, 
see section 701(a), (b) of Pub. L. 100-175, set out as a note under 
section 3001 of this title.


                    Effective Date of 1984 Amendment

    Amendment by Pub. L. 98-459 effective Oct. 9, 1984, see section 
803(a) of Pub. L. 98-459, set out as a note under section 3001 of this 
title.


                    Effective Date of 1978 Amendment

    Amendment by Pub. L. 95-478 effective at close of Sept. 30, 1978, 
see section 504 of Pub. L. 95-478, set out as a note under section 3001 
of this title.


                Limitations on Use of Appropriated Funds

    Pub. L. 105-277, div. A, Sec. 101(f) [title II, Sec. 206], Oct. 21, 
1998, 112 Stat. 2681-337, 2681-359, provided that: ``None of the funds 
appropriated in this Act or subsequent Departments of Labor, Health and 
Human Services, and Education, and Related Agencies Appropriations Acts, 
may be obligated or expended for the Federal Council on Aging under the 
Older Americans Act [of 1965, 42 U.S.C. 3001 et seq.] or the Advisory 
Board on Child Abuse and Neglect under the Child Abuse Prevention and 
Treatment Act [42 U.S.C. 5101 et seq.].''
    Similar provisions were contained in the following prior 
appropriation acts:
    Pub. L. 105-78, title II, Sec. 206, Nov. 13, 1997, 111 Stat. 1489.
    Pub. L. 104-208, div. A, Sec. 101(e) [title II, Sec. 208], Sept. 30, 
1996, 110 Stat. 3009-233, 3009-254.
    Pub. L. 104-134, title I, Sec. 101(d) [title II, Sec. 209], Apr. 26, 
1996, 110 Stat. 1321-211, 1321-228; renumbered title I, Pub. L. 104-140, 
Sec. 1(a), May 2, 1996, 110 Stat. 1327.
