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CHAPTER IX-ADMINISTRATION ON AGING,

SOCIAL AND REHABILITATION SERVICE, DEPARTMENT OF HEALTH, EDUCATION, AND

WELFARE 1

Part 901 903 904 905 906 907 908

General.
Grants for State and community programs for the aging.
Research and development projects.
Training projects.
Retired senior volunteer program.
Foster grandparent program.
Advisory Committees.

PART 901—GENERAL

States and their political subdivisions to Sec.

assist our older people to secure equal 901.1 Purposes of the Act.

opportunity to the full and free enjoy901.2 Definitions.

ment of the following objectives; 901.3 Publications, films, copyrights, edu

(a) An adequate income in retirement cational materials, and inventione.

in accordance with the American stand901.4 Retention of records.

ard of living. AUTHORITY: The provisions of this part 901 (b) The best possible physical and issued under sec. 101 et seq., 79 Stat. 218–226,

mental health which science can make 81 Stat. 106-108, 82 Stat. 1101, 83 Stat. 108– 115; 42 U.S.C. 3001 et seq.

available and without regard to economic

status. SOURCE: The provisions of this Part 901 (c) Suitable housing, independently appear at 35 F.R. 12516, Aug. 5, 1970, unless

selected, designed, and located with refotherwise noted.

erence to special needs and available $ 901.1 Purposes of the Act.

at costs which older citizens can afford. In the Declaration of Objectives for

(d) Full restorative services for those

who require institutional care. Older Americans (section 101 of the Older Americans Act of 1965) the Con

(e) Opportunity for employment with gress found and declared that, in keep

no discriminatory personnel practices ing with the traditional American con

because of age. cept of the inherent dignity of the in- (f) Retirement in health, honor, digdividual in our democratic society, the nity-after years of contribution to the older people of our Nation are entitled economy. to, and it is the joint and several duty

(g) Pursuit of meaningful activity and responsibility of the governments of

within the widest range of civic, cultural, the United States and of the several and recreational opportunities.

(h) Efficient community services which 1 32 F.R. 20811, Dec. 27, 1967.

provide social assistance in a coordinated manner and which are readily State agency established or designated available when needed.

as the sole agency for administering or (i) Immediate benefit from proven re- supervising the administration of the search knowledge which can sustain and State plan. improve health and happiness.

(m) "State plan” means the docu(j) Freedom, independence, and the ment or documents submitted by the free exercise of individual initiative in States to comply with the requirements planning and managing their own lives. for participation under title III of the

Act. $ 901.2 Definitions. (a) "Act” means the Older Americans

§ 901.3 Publications, films, copyrights,

educational materials, and inventions. Act of 1965, as amended (42 U.S.C. 3001 et seq.).

(a) Publications. Grantees under this (b) “Administration on Aging" means

chapter may publish results of any the Administration on Aging established

projects without prior review by the Adunder the provisions of the Act in the

ministration on Aging: Provided, That Department of Health, Education, and

such publications carry a footnote Welfare.

acknowledging assistance received un(c) “Commissioner" means, unless the

der the Act, and that the claimed findcontext otherwise requires, the Commis

ings and conclusions do not necessarily sioner of the Administration on Aging.

reflect the views of the Administration (d) “Department” means the Depart

on Aging, and provided that copies of ment of Health, Education, and Welfare.

the publication are furnished to the Ad(e) The term "fiscal year” refers to

ministration on Aging. the Federal fiscal year.

(b) Films. Grantees cannot use grant (f) The term "nonprofit” as applied

funds to produce films intended for viewto any agency, institution or organiza

ing by the general public without prior tion means an agency, institution, or

approval by the Administration on Aging. organization which is, or is owned and

(c) Copyrights. Where the grantoperated by, one or more corporations

supported activity results in a book or or associations, no part of the net earn

other copyrightable material, the author ings of which inures, or may lawfully

is free to copyright, but the Administrainure, to the benefit of any private share

tion on Aging reserves a royalty free nonholder or individual.

exclusive, and irrevocable license to re(g) "Population" as applied to any

produce, publish, translate, or otherwise State means the population of that State

use, and to authorize others to use, all as determined by the most recent official

copyrightable or copyrighted materials estimates of the Bureau of the Census

resulting from the grant-supported available to the Secretary preceding the

activity. fiscal year for which Federal grant funds

(d) Educational materials. All educaare appropriated.

tional materials arising out of the grant (h) “Project period” means the pe

supported activity shall be available to riod of time which the Secretary finds

the Secretary to reproduce, publish, is reasonably required to initiate and

translate, or otherwise use, and to au

thorize others to use. conduct a project submitted under the provisions of title IV or V of the Act.

(e) Inventions. Any invention arising (i) "Secretary” means the Secretary

out of the grant-supported activity shall of Health, Education, and Welfare.

be promptly and fully reported to the (j) “Single organizational unit”

Administration on Aging. Ownership and means the unit established within the

the manner of disposition shall be deter

mined by the Secretary in accordance State agency with delegated authority for, and whose principal responsibility

with Department patent regulations and shall be, planning, coordination, and

policy. evaluation of programs and activities 8 901.4 Retention of records. related to the purposes of the Act, and Grantees are required to maintain acadministration of the State plan.

counting records for a period of 3 years (k) "State" means the several States, after the end of the budget period (or the District of Columbia, the Virgin fiscal year in the case of grants under Islands, Puerto Rico, Guam, American title III of the Act) if audit by or on Samoa, and the Trust Territory of the behalf of the Department has occurred Pacific Islands.

by that time. If audit has not occurred, (1) "State agency” means the single the records must be retained until audit,

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Sec.
903.1 Purpose.
903.2 Plan submission and approval.
903.3 Plan amendments.
903.4 Plan review.
903.5 Plan disapproval.
903.6 Withholding of funds.
903.7 Appeal procedures.
903.8 Review of plan by Governor.

THE STATE PLAN-ADMINISTRATION 903.10 State agency. 903.11 Authority of the State agency. 903.12 Organization of the State agency. 903.13 Functions and staffing of the single

organizational unit. 903.14 Participation of older Americans; ad

visory assistance to the State

agency. 903.15 Standards of personnel administra

tion. 903.16 Training and manpower develop

ment. 903.17 Fiscal administration. 903.18 Methods of administration. THE STATE PLAN-PLANNING, COORDINATION,

AND EVALUATION 903.20 Planning, coordination, and evalua

tion. 903.21 Consultative, technical, and infor

mation services. 903.22 Cooperation with other agencies and

organizations. 903.23 Report on aging in the State. 903.24 Reports. 903.25 Cost allocation. THE STATE PLAN-COMMUNITY PROGRAMS ON

AGING 903.30 Community projects. 903.31 Principles and priorities for com

munity projects. 903.32 Eligibility of applicants. 903.33 Approval of community projects. 903.34 Opportunity for hearing. 903.35 Cost sharing in community projects. ALLOTMENTS AND FEDERAL FINANCIAL

PARTICIPATION 903.40 Allotments to the State for planning,

coordination, evaluation, and ad

ministration. 903.41 Federal financial participation in

State planning, coordination, evaluation, and administration.

Subpart B—Areawide Model Projects on Aging 903.70 General. 903.71 Program objective. 903.72 Conditions for approval of awards. 903.73 Categories of older persons. 903.74 Eligible applicants and review of

applications. 903.75 Awards. 903.76 Project revisions. 903.77 Program evaluation. 903.78 Payments. 903.79 Termination. 903.80 Reports. 903.81 Expenditures. 903.82 Audits. 903.83 Contracts.

AUTHORITY: The provisions of this part 903 issued under secs. 101 et seq., 79 Stat. 218–226, 81 Stat. 106–108, 82 Stat. 1101, 83 Stat. 108–115; 42 U.S.C. 3001 et seq.

Subpart A—The State Plan 1 SOURCE: The provisions of this Subpart A appear at 35 F.R. 12517, Aug. 5, 1970, unless otherwise noted.

THE STATE PLAN-GENERAL $ 903.1

Purpose. A basic condition to the certification of Federal funds under title III of the Act is a State plan found to meet Federal requirements. The State plan is a commitment that the title III program will be carried out in keeping with the provisions of the Act and all regulations, policies, and procedures established by the Secretary. § 903.2 Plan submission and approval.

The State plan and all amendments thereto shall be submitted to the Secretary by a duly authorized officer of the State agency through the Regional Commissioner of the Social and Rehabilitation Service. The Regional Commissioner reviews the plan or amendments and approves them within his delegated authority, or forwards the plan or amendments together with his comments and recommendations to the Administrator, Social and Rehabilitation Service. Any State plan or amendment meeting the requirements of the Act and of this part shall be approved. $ 903.3 Plan amendments.

136 F.R. 12221, June 29, 1971,

The State agency's administration of the program shall be in conformity with the State plan as approved by the Secretary. Whenever there is any material change in the content or administration of the State plan as approved, or when there has been a change in pertinent State law or in the organization, policies, or operations of the State agency affecting the plan, the State plan shall be appropriately amended. In order to reflect the Older Americans Act Amendments of 1969, each State must submit for approval an amended State plan not later than 90 days following the effective date of the regulations in this chapter. $ 903.4 Plan review.

The approved State plan and all amendments shall be subject to review as the Secretary may prescribe. $ 903.5 Plan disapproval.

No State plan, or any modification thereof, submitted under title III of the Act, shall be finally disapproved without first affording the State reasonable notice and opportunity for a hearing. $ 903.6 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 Title III of the Act, finds that (a) the State plan no longer complies with the provisions of the Act, or (b) in the administration 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 in connection with the State plan under Title III of the Act (or in his discretion, that further payments to the State will be limited to programs 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 in

connection with the State plan under Title III of the Act (or payments shall be limited to programs under or portions of the State plan not affected by such failure). (36 F.R. 12221, June 29, 1971) 8 903.7 Appeal procedures.

A State which is dissatisfied with a final action of the Secretary under § 903.5 or $ 903.6 may appeal to the U.S. 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 petitions, 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.

903.8 Review of plan by Governor.

The State plan shall provide that the Office of the State Governor will be given an opportunity to review the State plan, plan amendments and related material, in accordance with the requirements of $ 204.1 of this title.

assume

THE STATE PLAN-ADMINISTRATION $ 903.10 State agency.

The State plan shall 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 and shall also have responsibility for statewide planning and evaluation of such programs and activities. $ 903.11 Authority of the State agency.

The State plan shall contain a certification by the State Attorney General that the State agency has the authority to submit the State plan; is the sole State agency responsible for administering or supervising the administration of the State plan; and is primarily responsible for coordination of State programs and activities related to the purposes of the Act; and that nothing in the State plan is inconsistent with State law. $ 903.12 Organization of the State

agency. (a) The State plan shall provide that there will be a single organizational unit within the State agency with delegated authority for, and whose principal responsibility shall be, planning, coordination and evaluation of programs and activities related to the purposes of the Act, and administration of the State

plan. If the State agency is an independi ent single purpose agency, such agency,

in its entirety, may constitute the single unit. In all other cases, the single organizational unit must be placed at a level within the State agency to assure effective performance of the unit's responsibilities. The organizational placement of

this unit shall be equivalent to the placeĆment of other major functional compo

nents of the agency. In establishment of the organizational structure in the central office, and elsewhere in the State, due consideration shall be given to the geography of the State, the number and concentration of older persons, and other special conditions in the State.

(b) The State plan shall provide for the development of programs and activities for carrying out the purposes of the Act, for the conduct of all functions for which the State is responsible under the

Act, and for methods of administration which will assure the coordination and integration of activities, adequate controls over operations, channels for the development and interpretation of policies and standards, recordkeeping and reporting procedures, and effective supervision of staff. If certain specified portions of the plan are to be administered by an agency other than the State agency, the State plan shall provide for such methods of administration as are necessary to assure the application of State standards and the effective implementation of the State plan. $ 903.13 Functions and staffing of the

single organizational unit. The State plan shall contain a staffing plan that sets forth the projected staff ing of the single organizational unit for a 3-year period. The staffing plan must set forth the number, type, and timetable for the hiring of staff set forth in such plan, and the State plan must provide that:

(a) The single organizational unit will be headed by an individual qualified by education and experience to leadership of the program, assigned fulltime solely to this activity; and

(b) There will be provision for adequate numbers of qualified staff assigned full-time to the single organizational unit to assure the effective conduct of the responsibilities of the unit in the following functional areas:

(1) Research, special studies, selected data gathering, and dissemination of information;

(2) Review and evaluation of programs and services;

(3) Coordination and cooperation with all other units and agencies conducting programs for the elderly;

(4) Training activities for community leadership and service project staff;

(5) Consultative and technical assistance to other State and local, public and private agencies in the State;

(6) Public information; and

(7) Citizen participation, volunteer, and advisory committee activities; and

(8) All necessary administrative and management activities. $ 903.14 Participation of older Amer

icans; advisory assistance to the State

agency. (a) The State plan shall provide that adequate mechanisms will be developed

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