AUTHORITY: The provisions of this Part 901 issued under secs. 101-603, 79 Stat. 218-226; 42 U.S.C. secs. 3001-3053.

SOURCE: The provisions of this Part 901 appear at 30 F.R. 13257, Oct. 19, 1965, unless otherwise noted.

§ 901.1 Purposes of the Act.

In the Declaration of Objecitves for Older Americans (section 101 of the Older Americans Act of 1965), the Congress found and declared that, in keeping with the traditional American concept of the inherent dignity of the individual in our democratic society, the older people of our Nation are entitled to, and it is the joint and several duty and responsibility of the governments of the United States and of the several States and their political subdivisions to assist our older people to secure equal opportunity to the full and free enjoyment of the following objectives:

(a) An adequate income in retirement in accordance with the American standard of living.

(b) The best possible physical and mental health which science can make

1 [32 F.R. 20811, Dec. 27, 1967]

available and without regard to economic status.

(c) Suitable housing, independently selected, designed, and located with reference to special needs and available at costs which older citizens can afford.

(d) Full restorative services for those who require institutional care.

(e) Opportunity for employment with no discriminatory personnel practices because of age.

(f) Retirement in health, honor, dignity-after years of contribution to the economy.

(g) Pursuit of meaningful activity within the widest range of civic, cultural, and recreational opportunities.

(h) Efficient community services which provide social assistance in a coordinated manner and which are readily available when needed.

(i) Immediate benefit from proven research knowledge which can sustain and improve health and happiness.

(j) Freedom, independence, and the free exercise of individual initiative in planning and managing their own lives. § 901.2

Definitions.

(a) "Act" means the Older Americans Act of 1965, Public Law 89-73, approved July 14, 1965.

(b) “Administration on Aging" means the Administration on Aging established under the provisions of the Act in the

Department of Health, Education, and Welfare.

(c) "Commissioner" means the Commissioner of the Administration on Aging. (d) "Department" means the Department of Health, Education, and Welfare. (e) The term "fiscal year" refers to the Federal fiscal year.

(f) The term "nonprofit" as applied to a private agency, institution or organization refers to a private agency, institution or organization, whether or not incorporated, no part of the net earnings of which inures, or may legally inure, to the benefit of any private shareholder or individual.

(g) "Population" as applied to any State means the population of that State as determined by the most recent official estimates of the Bureau of the Census available to the Secretary preceding the fiscal year for which Federal grant funds are appropriated.

(h) "Project Period” means the period of time which the Secretary finds is reasonably required to initiate and conduct a project submitted under the provisions of Title IV or V of the Act.

(1) "Secretary" means the Secretary of Health, Education, and Welfare.

(j) "State" means the several States, the District of Columbia, the Virgin Islands, Puerto Rico, Guam, and American Samoa.

(k) "State agency" means the single State agency established or designated as the sole agency for administering or supervising the administration of the State plan,

(1) "State plan" means the document or documents submitted by the States to comply with the requirements for participation under Title III of the Act.

A basic condition to the certification of Federal funds under Title III of the Act is a State plan found to meet Federal requirements. This plan shall constitute a description of the State's program in aging established to carry out the purposes of the Act through (a) community planning and coordination of programs; (b) demonstrations of programs or activities; (c) training of special personnel needed to carry out such programs and activities; and (d) establishment of new or expansion of existing programs to carry out such purposes, including establishment of new or expansion of existing centers which will provide recreational and other leisure time activities, and informational, health, welfare, counseling, and referral services for older persons and assist such persons in providing volunteer community or civic services; except that no cost of construction, other than for minor alterations and repairs, shall be included in such establishment or expansion.

The approved State plan and all amendments shall be subject to review from time to time as the Secretary may prescribe.

§ 903.6 Plan disapproval.

No State plan, or any modification thereof, submitted under section 303 of the Act, shall be finally disapproved without first affording the State reasonable notice and opportunity for a hearing.

§ 903.7 Withholding of funds.

Whenever the Secretary, after reasonable notice and opportunity for hearing to the State agency administering or supervising the administration of a State plan approved under section 303 (a) of the Act, finds that (a) the State plan has been so changed that it no longer complies with the provisions of section 303(a) of the Act, or (b) in the admin

istration of the plan there is a failure to comply substantially with any such provision, the Secretary shall notify such State agency that no further payments will be made to the State under Title III of this Act (or, in his discretion, that further payments to the State will be limited to projects under or portions of the State plan not affected by such failure) until he is satisfied that there will no longer be any failure to comply. Until he is so satisfied no further payments shall be made to such State under Title III of the Act (or payments shall be limited to projects under or portions of the State plan not affected by such failure). § 903.8 Appeal.

A State which is dissatisfied with a final action of the Secretary under § 903.6 or § 903.7 may appeal to the United States Court of Appeals for the circuit in which the State is located, by filing a petition with such court within 60 days after such final action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary, or any officer designated by him for that purpose. The Secretary thereupon shall file in the court the record of the proceedings on which he based his action, as provided in section 2112 of title 28, United States Code. Upon the filing of such petition, the court shall have jurisdiction to affirm the action of the Secretary or to set it aside, in whole or in part, temporarily or permanently, but until the filing of the record, the Secretary may modify or set aside his order. The findings of the Secretary as to the facts, if supported by substantial evidence, shall be conclusive, but the court, for good cause shown, may remand the case to the Secretary to take further evidence, and the Secretary may thereupon make new or modified findings of fact and may modify his previous action and shall file in the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence. The judgment of the court affirming or setting aside, in whole or in part, any action of the Secretary shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of Title 28, United States Code. The commencement of proceedings under this section shall not, unless so specifically ordered by the

court, operate as a stay of the Secretary's action.

THE STATE PLAN-ADMINISTRATION § 903.9 Designation of State agency.

The State plan shall indicate and identify the single State agency that has been established or designated as the sole agency for administering or supervising the administration of the State plan. This agency shall be primarily responsible for coordination of State programs and activities related to the purposes of the Act.

§ 903.10 Authority.

The State plan shall also include as an attachment a certificate of the State's Attorney General to the effect that the State agency has the authority to submit the State plan and to carry out the programs described therein as the sole State agency responsible for administering or supervising the administration of the State plan, and that nothing in the State plan is inconsistent with State law. § 903.11

tion.

Organization for administra

The State plan shall describe the organizational structure of the State agency, including descriptions of organizational units, the functions assigned to each, and the relationships among units in the State program on aging. The organizational structure shall provide for all the functions for which the State is responsible under the plan, for clear lines of administrative and supervisory authority, and shall be suited to the size of the program and the geographic areas in the State in which the program operates. Sufficient staff shall be assigned on a full-time basis to assure efficient administration of the plan in the State. The State plan shall also describe methods of administration which will provide for the coordination and integration of activities, adequate controls over operations, channels for the development and interpretation of policies and standards, record keeping and reporting procedures and effective supervision of staff. If the State plan provides for the administration of certain specified portions of the plan by an agency other than the single State agency, the State plan shall set forth the standards governing its organization and methods of administration, and shall describe the nature and extent of the supervision exercised by

the State agency in order to assure observance in the application of State standards and the effective achievement of the objectives of the State plan. § 903.12 Technical review committee.

The State plan shall provide for a review by one or more technically competent committees, of all applications received by the State agency for projects to be financed from its allotment under Title III of the Act. The members of this committee shall not be in the fulltime employ of the State agency, and shall make recommendations to the State agency on all project applications. § 903.13 Fiscal administration.

The State plan shall set forth the policies and methods pertinent to fiscal administration and control, including sources of funds, incurrence and payment of obligations, disbursements, accounting and auditing. The State plan shall provide for the maintenance by the State agency and project grantees of such accounts and supporting documents as will serve to permit an accurate and expeditious determination to be made at any time of the status of the Federal grants, including the disposition of all monies received and the nature and amount of all charges claimed to lie against the allotment to the State.

§ 903.14 Custody of funds.

The State plan shall designate the State official who will receive and provide for the custody of all funds paid to the State under the Act, subject to requisition or disbursement by the State agency. § 903.15 Standards of personnel administration.

The State plan shall provide for such methods of personnel administration on a merit basis as are set forth in the Standards For A Merit System of Personnel Administration, Part 70 of this title, issued by the Department of Health, Education, and Welfare, the Department of Labor, and the Department of Defense. The Secretary shall exercise no authority with respect to the selection, tenure of office, and compensation of any individual employed in accordance with such methods.

§ 903.16 Staff development.

The State plan shall provide for a program of staff development for professional personnel in aging. This pro