JOINT FUNDING OF PROJECTS "

SEC. 209. Pursuant to regulations prescribed by the President, and to the extent consistent with the other provisions of this Act," where funds are provided for a single project by more than one Federal agency to any agency or organization assisted under this Act, the Federal agency principally involved 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.35

ADVANCE FUNDING "

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.

31 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 Sec. 202 of those Amendments repealed Title VIII of the Act, sec. 805 of which was similar in many respects to the new sec. 209. Differences between the two are discussed in footnotes 32 through 34, below. Sec. 805 had been added to the Act by sec. 13 of the 1969 amendments. As to the applicability to this section of the Joint Funding Simplification Act of 1974 (P.L. 93–510), see Sec. 211 of this Act.

32 The phrase ", and to the extent consistent with the other provisions of this Act" was not in sec. 805, which was superseded by the new sec. 209.

33 Sec. 805, which was superseded by the new sec. 209, used the words “agency, organization, institution, or person" at this point.

*Sec. 805, which was superseded by the new sec. 209, used the words “any one Federal agency" at this point, instead of "the Federal agency principally involved."

35 As to joint funding, see also secs. 211 and 306(c), this Act.

36 The 1973 Amendments, sec. 201(c) added this as a new section of Title II. There was previously no comparable provision in the Act.

APPLICATION OF OTHER LAWS 37

39

SEC. 211. (a) The provisions and requirements of the Act of December 5, 1974 (Public Law 93-510; 88 Stat. 1604 and of title V of the Act of October 15, 1977 (Public Law 95-134; 91 Stat. 1164), shall not apply to the administration of the provisions of this Act or to the administration of any program or activity under this Act.

(b) 0 No part of the costs of any project under any title of this Act may be treated as income or benefits to any eligible individual (other than any wage or salary to such individual) for the purpose of any other program or provision of Federal or State law.

REDUCTION OF PAPERWORK “

SEC. 212. In order to reduce unnecessary, duplicative, or disruptive demands for information, the Commissioner, in consultation with State agencies designated under section 305(a)(1), and other appropriate agencies and organizations, shall continually review and evaluate all requests by the Administration on Aging for information under this Act and take

37 The 1975 Amendments, sec. 102, added this as a new section of Title II. 38 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, and sec. 306(c).

" The 1978 Amendments, sec. 102(h)(2) inserted “, and of title V of the Act of October 15, 1977 (Public Law 95-134; 91 Stat. 1164)". That title reads, in pertinent part, as follows:

"SEC. 501. In order to minimize the burden caused by existing application and reporting procedures for certain grant-in-aid programs available to the Virgin Islands, Guam, American Samoa, the Trust Territory of the Pacific Islands, and the Government of the Northern Mariana Islands (hereafter referred to as "Insular Areas") it is hereby declared to be the policy of the Congress that:

"a) Notwithstanding any provision of law to the contrary, any department or agency of the Government of the United States which administers any Act of Congress which specifically provides for making grants to any Insular Area under which payments received may be used by such Insular Area only for certain specified purposes (other than direct payments to classes of individuals) may, acting through appropriate administrative authorities of such department or agency, consolidate any or all grants made to such area for any fiscal year or years."

40 The 1978 Amendments, sec. 102(h)(1), added subsection (b). "The 1978 Amendments, sec. 102(1), added the final three sections of Title II. There were previously no comparable provisions in the Act.

such action as may be necessary to reduce the paperwork required under this Act. The Commissioner shall request only such information as the Commissioner deems essential to carry out the purposes and provisions of this Act.

CONTRACTING AND GRANT AUTHORITY "

SEC. 213. None of the provisions of this Act shall be construed to prevent a recipient of a grant or a contract from entering into an agreement, subject to the approval of the State agency, with a profitmaking organization, where such organization demonstrates clear superiority with respect to the quality of services covered by such contract to carry out the provisions of this Act and of the appropriate State plan.

SURPLUS PROPERTY ELIGIBILITY"

SEC. 214. Any State or local government agency, and any nonprofit organization or institution, which receives funds appropriated for programs for older individuals under this Act, under title IV or title XX of the Social Security Act, or under the Economic Opportunity Act of 1964, shall be deemed eligible to receive for such programs, property which is declared surplus to the needs of the Federal Government in accordance with laws applicable to surplus property.

TITLE III-GRANTS FOR STATE AND

COMMUNITY

PROGRAMS ON AGING 1

PART A-GENERAL PROVISIONS

PURPOSE; ADMINISTRATION

SEC. 301. (a) It is the purpose of this title to encourage and assist State and local agencies to concentrate resources in order to develop greater

1 The 1978 Amendments, sec. 103(b) completely revised Title III, although there are similarities between the revised title and the former title. The principal changes were the consolidation into Title III of programs previously

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capacity and foster the development of comprehensive and coordinated service systems to serve older individuals by entering into new cooperative arrangements in each State with State and local agencies, and with the providers of social services, including nutrition services and multipurpose senior centers, for the planning for the provision of, and for the provision of, social services, nutrition services, and multipurpose senior centers, in order to

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

(2) remove individual and social barriers to economic and personal independence for older individuals; and

(3) provide a continuum of care for the vulnerable elderly.

2

(b)(1) In order to effectively carry out the purpose of this title, the Commissioner shall administer programs under this title through the Administration on Aging.

(2) In carrying out the provisions of this title, the Commissioner may request the technical assistance and cooperation of the Department of Labor, the Community Services Administration, the Department of Housing and Urban Development, the Department of Transportation, and such other agencies and departments of the Federal Government as may be appropriate.

DEFINITIONS

SEC. 302. For the purpose of this title

(1) The term "comprehensive and coordinated system" means a system for providing all necessary social services, including nutrition services, in a manner designed to

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

Footnotes continued from last page

authorized by Title III ("Social Services", Title V ("Multi-purpose Senior Centers") and Title VII ("Nutrition Services"), and providing two separate authorizations for Congregate Nutrition Services and Home Delivered Nutrition Services. Title III had been extensively revised by the 1973 Amendments, sec. 301.

'The 1973 Amendments throughout Title III named the Commissioner as the responsible official. From 1965 until then, the Secretary had been named.

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

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

(2) The term "information and referral source" means a location where the State or any public or private agency or organization—

(A) maintains current information with respect to the opportunities and services available to older individuals, and develops current lists of older individuals in need of services and opportunities; and

(B) employs a specially trained staff to inform older individuals of the opportunities and services which are available, and to assist such individuals to take advantage of such opportunities and services.

(3) The term "long-term care facility" means any skilled nursing facility, as defined in section 1861(j) of the Social Security Act, any intermediate care facility, as defined in section 1905(c) of the Social Security Act, any nursing home, as defined in section 1908(e) of the Social Security Act, and any other similar adult care home.

(4) The term “legal services” means legal advice and representation by an attorney (including, to the extent feasible, counseling or other appropriate assistance by a paralegal or law student under the supervision of an attorney), and includes counseling or representation by a nonlawyer where permitted by law, to older individuals with economic or social needs.

(5) The term "planning and service area” means an area specified by a State agency under section 305(a)(1)(E).

(6) The term "State" means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Trust Territory of the Pacific Islands and the Northern Mariana Islands.

(7) The term "State agency" means the State agency designated by a State under section 305(a)(1).

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

AUTHORIZATION OF APPROPRIATIONS; USES OF FUNDS

SEC. 303. (a) There are authorized to be appropriated $300,000,000 for fiscal year 1979, $360,000,000 for fiscal year 1980, and $480,000,000 for fiscal year 1981 for the purpose of making grants under part B of this title (relating to social services).