purpose of appraising their value and their impact on the lives of older Americans;

(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) 15 The Council shall have staff personnel, appointed by the Chairman, 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) 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.

18

(g) (1) The Council shall undertake a thorough evaluation and study of programs conducted under this Act.

15 The 1978 Amendments, sec. 102(e)(3) substituted the new subsection (e) for the former subsection (e), which between 1973 and 1978 read as follows:

"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.”

1 The 1978 Amendments, sec. 102(e)(4), added a new subsection (g) to replace subsections (g), (h), and (i), which between 1973 and 1978 read as follows:

"(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 January 1, 1976, 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.

Footnotes continued on next page

(2) The study required in this subsection shall include

(A) an examination of the fundamental purposes of such programs, and the effectiveness of such programs in attaining such purposes;

(B) an analysis of the means to identify accurately the elderly population in greatest need of such programs; and

(C) an analysis of numbers and incidence of low-income and minority participants in such programs.

(3) The study required under this subsection may include

(A) an exploration of alternative methods for allocating funds under such programs to States, State agencies on aging, and area agencies on aging in an equitable and efficient manner, which will accurately reflect current conditions and insure that such funds reach the areas of greatest current need and are effectively used for such areas;

(B) an analysis of the need for area agencies on aging to provide direct services within the planning and service area; and

(C) an analysis of the number of nonelderly handicapped in need of home delivered meal services.

17

(h)" There are authorized to be appropriated to carry out the provisions of this section, for fiscal years 1979, 1980, and 1981, such sums as may be necessary.

Footnotes continued from last page

"(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 January 1, 1976, 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.

"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." 17 The 1978 amendments, sec. 102(e)(4) added this as a new subsection (h).

ADMINISTRATION OF THE ACT 1

SEC. 206. (a) In carrying out the purposes of this Act, the Commissioner 19 is authorized to:

(1) provide consultative services and technical assistance to public or nonprofit private agencies and organizations; 20

(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."1

(b) 22 The Commissioner shall prepare and submit to the Congress not later than September 30, 1980 a report on the effectiveness of programs conducted under part B of title III relating to legal services and an analysis of the need for a separate program of legal services under this Act and of factors which may prohibit the funding of legal services under this Act without such a separate program, together with such recommendations, including recommendations for additional legislation, as the Commissioner deems appropriate.

19

(c) In administering his 23 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 advance or by way of reimbursement, as may be provided in the agreement.

18 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 sec. 206. Differences between the two are discussed in footnotes 19, 20, and 24, below.

19 Sec. 802, which was superseded by the new sec. 206, used the word, "Secretary" at this point.

20 Sec. 802, which was superseded by the new sec. 206, used the words “agencies, organizations, and institutions” at this point.

" 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 sec. 206.

"The 1978 Amendments, sec. 102(f), inserted this as a new subsection (b). 23 The 1967 Amendments, sec. 5), deleted "their respective" and inserted "his" in sec. 802, which was superseded by sec. 206.

24

(d) 2 For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary.

EVALUATION 25

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 2r 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, and conduct, where appropriate, evaluations which compare the effectiveness of related programs in achieving common objectives.28

24Sec. 802, which was superseded by sec. 206, contained no language comparable to subsection (d).

25 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 sec. 207-though much briefer and less detailed than the latter. The 1969 Amendments, sec. 12 had added sec. 804 to the Act.

2 This reference is to the section number before the 1978 Amendments. The corresponding section now is sec. 421.

"These "general standards" were published in the Federal Register for Thursday, June 28, 1973 (p. 17030, Vol. 38 No. 124).

28 The 1978 Amendments, sec. 102(g)(1), added "and conduct, where appropriate, evaluations which compare the effectiveness of related programs in achieving common objectives".

(d) The Secretary shall annually publish summaries and analyses" of the results of evaluative research and evaluation of program and project impact and effectiveness, the full contents of which shall be transmitted to Congress and be accessible to the public.

(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.

REPORTS 20

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.

"The 1978 Amendments, sec. 102(g)(2) inserted "and analyses" and added requirements that the full contents of evaluations be "transmitted to Congress and be accessible to the public. "

30 The 1973 Amendments, sec. 201(c) added this as a new section of Title II. There was previously no comparable provision in the Act. Sec. 207(b) requires the results of certain evaluations to be included in the reports required by this section.