§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.

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

Subsec. (b)(1)(A). Pub. L. 102–375, §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, §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, §904(a)(6)(B), substituted "individuals" for "Americans".

Subsec. (d)(2). Pub. L. 102–375, §205(c)(3), added par. (2). Former par. (2) redesignated (3).

Pub. L. 102–375, §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, §904(a)(6)(B), substituted "individuals" for "Americans".

Pub. L. 102–375, §205(c)(2), redesignated par. (2) as (3). Former par. (3) redesignated (4).

Subsec. (d)(4). Pub. L. 102–375, §904(a)(6)(B), substituted "individuals" for "Americans".

Pub. L. 102–375, §205(c)(2), redesignated par. (3) as (4). Former par. (4) redesignated (5).

Subsec. (d)(5), (6). Pub. L. 102–375, §205(c)(2), redesignated pars. (4) and (5) as (5) and (6), respectively.

Subsec. (f). Pub. L. 102–375, §205(d), substituted "interim reports" for "such interim reports as it deems advisable".

Subsec. (g). Pub. L. 102–375, §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, §§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, §182(d), inserted "to" after "Secretary,".

Subsec. (g). Pub. L. 100–175, §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, §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, §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, §204(c)(1), substituted "such member's predecessor" for "his predecessor".

Subsec. (c). Pub. L. 98–459, §204(c)(2), substituted "Chairperson" for "Chairman" in two places.

Subsec. (d)(2). Pub. L. 98–459, §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, §204(c)(3), redesignated pars. (4) to (6) as (3) to (5), respectively.

Subsec. (e). Pub. L. 98–459, §204(c)(4), substituted "Chairperson" for "Chairman".

Subsec. (g). Pub. L. 98–459, §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, §2(f)(1), substituted "at least quarterly" for "but not less often than four times a year".

Subsec. (d)(2). Pub. L. 97–115, §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, §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, §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, §§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, §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, §503(b)(3), struck out "and" at end.

Subsec. (e). Pub. L. 95–478, §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, §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, §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, §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, §101(f) [title II, §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, §206, Nov. 13, 1997, 111 Stat. 1489 .

Pub. L. 104–208, div. A, §101(e) [title II, §208], Sept. 30, 1996, 110 Stat. 3009–233 , 3009-254.

Pub. L. 104–134, title I, §101(d) [title II, §209], Apr. 26, 1996, 110 Stat. 1321–211 , 1321-228; renumbered title I, Pub. L. 104–140, §1(a), May 2, 1996, 110 Stat. 1327 .

¹ See References in Text note below.