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any agency or organization 20 assisted under this Act, the Federal agency principally involved 21 may be designated to act for all in administering the funds provided. In such cases, a single, non-Federal share requirement may be established according to the proportion of funds advanced by each Federal agency, and any such agency may waive any technical grant or contract requirement (as defined by such regulations) which is inconsistent with the similar requirements of the administering agency or which the administering agency does not impose.22

ADVANCE FUNDING 23

SEC. 210. (a) For the purpose of affording adequate notice of funding available under this Act, appropriations under this Act are authorized to be included in the appropriation Act for the fiscal year preceding the fiscal year for which they are available for obligation.

(b) In order to effect a transition to the advance funding method of timing appropriation action, the amendment made by subsection (a) shall apply notwithstanding that its initial application will result in the enactment in the same year (whether in the same appropriation Act or otherwise) of two separate appropriations, one for the then current fiscal year and one for the succeeding fiscal year.

APPLICATION OF OTHER LAWS 24

SEC. 211. The provisions and requirements of the Act of December 5, 1974 (Public Law 93-510; 88 Stat. 1604) shall not apply to the administration of the provisions of this Act or to the administration of any program or activity under this Act.

20 Sec. 805, which was superseded by the new sec. 209, used the words “agency, organization, institution, or person” at this point.

21 Sec. 805, which was superseded by the new sec. 209, used the words "any one Federal agency" at this point, instead of "the Federal agency principally involved."

22 As to joint funding, see also secs. 211 and 304(d)(2), this Act. 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. 24 The 1975 Amendments, sec. 102, added this as a new section of Title II. P.L. 93-510 is the Joint Funding Simplification Act of 1974, which was enacted Dec. 5, 1974. As to joint funding, see also sec. 209, above.

TITLE III-GRANTS FOR STATE AND

COMMUNITY PROGRAMS ON AGING1

PURPOSE 2

SEC. 301. It is the purpose of this title to encourage and assist State and local agencies to concentrate resources in order to develop greater capacity and foster the development of comprehensive and coordinated service systems to serve older persons by entering into new cooperative arrangements with each other and with providers of social services for planning for the provision of, and providing, social services and, where necessary, to reorganize or reassign functions, in order to—

(1) secure and maintain maximum independence and dignity in a home environment for older persons capable of self-care with appropriate supportive services; and

(2) remove individual and social barriers to economic and personal independence for older persons.

DEFINITIONS 2

SEC. 302. For purposes of this title—

(1) The term "social services" means any of the following services which meet such standards as the Commissioner may prescribe:

(A) health, continuing education, welfare, informational, recreational, homemaker, counseling, or referral services;

(B) transportation services where necessary to facilitate access to social services;

(C) services designed to encourage and assist older persons to use the facilities and services available to them;

1 The 1973 Amendments, sec. 301 completely revised Title III, although there are similarities between the revised title and the former title. Howver, there was no change in the title heading, which was substituted by the 1969 Amendments, sec. 4(c) for the 1965 to 1969 heading which read, "TITLE III-GRANTS FOR COMMUNITY PLANNING, SERVICES, AND TRAINING."

2 The 1973 Amendments added secs. 301 and 302. There were previously no comparable provisions in Title III.

The 1973 Amendments throughout Title III substitute the Commissioner for the Secretary.

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(D) services designed to assist older persons to obtain adequate housing;

(E) services designed to assist older persons in avoiding institutionalization, including preinstitutionalization evaluation and screening, and home health services;

(F) services designed to provide legal and other counseling services and assistance, including tax counseling and assistance and financial counseling, to older persons;

(G) services designed to enable older persons to attain and maintain physical and mental well being through programs of regular physical activity and exercise; or

(H) any other services;

if such services are necessary for the general welfare of older persons.

(2) The term "unit of general purpose local government" means (A) a political subdivision of the State whose authority is broad and general and is not limited to only one function or a combination of related functins, or (B) an Indian tribal organization.

(3) The term "comprehensive and coordinated system" means a system for providing all necessary social services in a manner designed

to

(A) facilitate accessibility to and utilization of all social services provided within the geographic area served by such system by any public or private agency or organization;

(B) develop and make the most efficient use of social services in meeting the needs of older persons; and

(C) use available resources efficiently and with a minimum of duplication.

AREA PLANNING AND SOCIAL SERVICE PROGRAMS

SEC. 303. (a) There are authorized to be appropriated such sums as may be necessary for the fiscal year ending June 30, 1973, $103,600,000 for the fiscal year ending June 30, 1974, $130,000,000 for the fiscal year ending June 30, 1975,5 $180,000,000 for the fiscal year ending June 30,

4 The 1975 Amendments, sec. 103, added subparagraphs (F) and (G) to the definition of "social services".

The 1973 Amendments provided authorizations for fiscal years 1973, 1974, and 1975.

1976, $57,750,000 for the period beginning July 1, 1976, and ending September 30 1976, $231,000,000 for the fiscal year ending September 30, 1977, and $287,200,000 for the fiscal year ending September 30, 1978, to enable the Commissioner to make grants to each State with a State plan approved under section 305 (except as provided in section 307(a)) for paying part of the cost (pursuant to subsection (e) of this section and section 306') of

(1) the administration of area plans by area agencies on aging designated pursuant to section 304 (a)(2)(A), including the preparation of area plans on aging consistent with section 304 (c) and the evaluation of activities carried out under such plans;

(2) the development of comprehensive and coordinated systems for the delivery of social services; and

(3) activities carried out pursuant to section 306."

(b) (1) From the sums appropriated for the fiscal year ending June 30, 1973, under subsection (a) of this section, (A) Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands shall each be allotted an amount equal to one-fourth of 1 per centum of such sum, (B) each other State shall be allotted an amount equal to one-half of 1 per centum of such sum, and (C) from the remainder of the sum so appropriated, each State shall be allotted an additional amount which bears the same ratio to such remainder as the population aged sixty or over in such State bears to the population aged sixty or over in all States."

• The 1975 Amendments, sec. 112(b)(1) added authorizations for fiscal years 1976, 1977, and 1978, and for the period July 1-Sept. 30, 1976. "From 1969 until enactment of the 1973 Amendments, there were two separate authorizations for project support and for planning, coordination, evaluation and administration of State plans. The 1973 Amendments provide one authorization for these two purposes.

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The 1969 Amendments, sec. 10(b), added "the Trust Territory of the Pacific Islands" to the list of jurisdictions other than States which are entitled to share in Title III allotments.

• From the enactment of the Act in 1965 until the 1973 Amendments, the statutory formula for allotting Title III formula grant funds required that each State be allotted one percent of the amount appropriated, each of the other jurisdictions named be allotted one-half of one percent, and that from the remainder of each year's appropriation each State and other jurisdiction be allotted an additional amount which bore "the same ratio to such remainder as the population aged sixty-five or over in such State bears to the population aged sixty-five or over in all the States . . .'

"

(2) Subject to the provisions of paragraph (3),10 from the sums appropriated for the fiscal year ending June 30, 1974, for the fiscal year ending June 30, 1975, for the fiscal year ending June 30, 1976, the period beginning July 1, 1976, and ending September 30, 1976, and for the fiscal years ending September 30 1977, and 1978," each State shall be allotted an amount which bears the same ratio to such sums as the population aged sixty or over in such State bears to the population aged sixty or over in all States, except that (A) no State shall be allotted less than one-half of 1 per centum of the sum appropriated for the fiscal year for which the determination is made; (B) Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands shall each be allotted no less than one-fourth of 1 per centum of the sum appropriated for the fiscal year for which the determination is made; and (C) no State shall be allotted an amount less than that State received for the fiscal year ending June 30, 1973. For the purpose of the exception contained in clause (A) of this paragraph only, the term "State" does not include Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands.

(3) 10 (A) In any State in which the Commissioner determines (after having taken into account the amount of funds available to the State agency or to an appropriate area agency on aging to carry out the purposes of this title) that the members of an Indian tribe are not receiving benefits under this title that are equivalent to benefits provided to other older persons in the State or appropriate area, and if he further determines that the members of such tribe would be better served by means of grants made directly to provide such benefits, he shall reserve from sums that would otherwise be allotted to such State under paragraph (2) not less than 100 per centum nor more than 150 per centum of an amount which bears the same ratio to the State's allotment for the fiscal year involved as the population of all Indians aged sixty or over for whom a determination under this paragraph has been made bears to the population of all persons aged sixty or over in such State.

(B) The sums reserved by the Commissioner on the basis of his determination under this paragraph shall be granted to the tribal organization serving the individuals for whom such a determination has been made, or where there is no tribal organization, to such other entity as he determines has the capacity to provide services pursuant to this title.

(C) In order for a tribal organization or other entity to be eligible

10 The 1975 Amendments, sec. 104, inserted paragraph (3), and added the first seven words of paragraph (2).

11 The 1975 Amendments, sec. 112(b)(2) made paragraph (2) effective during fiscal years 1976, 1977, and 1978, and the period July 1-Sept. 30, 1976.

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