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Federal agency principally involved

may be designated to act for all in administering the funds provided. In such cases, a single nonFederal 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.

ADVANCE FUNDING 30

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.

TITLE III-GRANTS FOR STATE AND
COMMUNITY PROGRAMS ON AGING31

PURPOSE32

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

29 Sec. 805, which was superseded by the new sec. 209, used the words "any one Federal agency" at this point, instead of "the Federal agency principally involved."

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. 31 The 1973 Amendments, sec. 301 completely revised Title III, although there are similarities between the revised title and the former title. However, 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."

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

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 32

SEC. 302. For purposes of this title

(1) The term "social services" means any of the following services which meet such standards as the Commissioner33 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;

(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; or

(F) 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 functions, or (B) an Indian tribal organization.

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

to

32 See footnote on previous page.

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

(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, and $130,000,000 for the fiscal year ending June 30, 1975, 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 30634) 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 306.34

(b)(1) From the sums authorized to be 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 35 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

34 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.

35 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.

sixty or over in all States. 36

(2) From the sums appropriated for the fiscal year ending June 30, 1974, and for the fiscal year ending June 30, 1975, 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) The number of persons aged sixty or over in any State and in all States shall be determined by the Commissioner on the basis of the most recent and satisfactory data available to him.

(c) Whenever the Commissioner determines 37 that any amount allotted to a State for a fiscal year under this section will not be used by such State for carrying out the purpose for which the allotment was made, he shall make such amount available for carrying out such purpose to one or more other States to the extent he determines such other States will be able to use such additional amount for carrying out such purpose. Any amount made available to a State from an appropriation

36 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 ...”.

37 Until 1969, the Act required that, in order for an amount to be available for reallotment from the State to which it was allotted, the State must have first notified the Secretary that that amount will not be required in that State. The 1969 Amendments, sec. 6 deleted “State notifies the Secretary" and inserted “Secretary determines” (that such funds will not be needed in that State).

for a fiscal year pursuant to the preceding sentence shall, for purposes of this title, be regarded as part of such State's allotment (as determined under the preceding provisions of this section) for such year.

(d) The allotment of a State under this section for the fiscal year ending June 30, 1973, shall remain available until the close of the following fiscal year.

(e) From a State's allotment under this section for a fiscal year

(1) such amount as the State agency determines, but not more than 15 per centum thereof, shall be available for paying such percentage as such agency determines, but not more than 75 per centum, of the cost of administration of area plans; and

(2) such amount as the State agency determines, but (beginning with the fiscal year ending June 30, 1975) not more than 20 per centum thereof, shall be available for paying such percentage as such agency determines, but not more than 75 per centum,38 of the cost of social services which are not provided as a part of a comprehensive and coordinated system in planning and service areas for which there is an area plan approved by the State agency.

The remainder of such allotment shall be available to such State only for paying such percentage as the State agency determines, but not more than 90 per centum3 of the cost of social services provided in the State as a part of comprehensive and coordinated systems in planning and service areas for which there is an area plan approved by the State agency.

ORGANIZATION

State Organization

SEC. 304. (a) In order for a State to be eligible to participate in the programs of grants to States from allotments under section 303 and section 306

(1) the State shall, in accordance with regulations of the Com

38 From 1965 until the 1973 Amendments, payments from a State's allotment for a project in that State could not exceed 75 percent of project costs the first year, 60 percent the second, and 50 percent the third. Until 1969, no support could be given from the State's allotment for such a project after the third year of such financing. The 1969 Amendments, sec. 3(a)(2) permitted project support for the fourth ind any subsequent year at not to exceed 50 percent.

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